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HomeMy WebLinkAbout03-5104FRANKLIN P. HOLJES, Plaintiff VS. JOANN L. HOLJES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ _. NO. 2003.-- .. : CIVIL ACTION - LAW : IN CHILD CUSTODY NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or obi ections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la eorte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquinetes, usted tiehe viente (2) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin privio aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero a sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SE TO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 FRANKLIN P. HOLJES, Plaintiff VS. JOANN L. HOLJES, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CHILD CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Franklin P. Holjes, by and through his counsel, Law Offices of Craig A. Diehl, and files this Complaint for Custody of his minor child, Carolyn Holjes (age 11), respectfully stating in support thereof the following: 1. The Plaintiffis Franklin P. Holies (hereinafter referred to as the "Plaintiff"), an adult individual residing at 562 South Third Street, Second Floor, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant is Joann L. Holies (hereinafter referred to as the "Defendant"), an adult individual residing at 253 Clark Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Father seeks shared custody of Carolyn Holjes, bom June 3, 1991, age 12. The child was not bom out of wedlock. The child is presemly in the custody of Defendant who resides at 253 Clark Street, Lemoyne, Cumberland County, Pennsylvania 17043. During the last five (5) years, the child has resided with the following persons and at the following addresses: Residents Plaintiff & Carolyn Holies Plaintiff, Derek Holies & Carolyn Holjes Plaintiff, Plaintiff's Girlfriend, & Girlfriend's Two Children Plaintiff& Child's Uncle Defendant Defendant & Child's Brother, Derek Holjes Address 562 South Third Street Second Floor Lemoyne, PA 17043 562 South Third Street Second Floor Lemoyne, PA 17043 418 South Fifth Street New Cumberland, PA 17070 Dates 8/14/03 to present 12/01/02 to 8/14/03 12/01/00 to 12/01/02 Maple Street New Cumberland, PA 17070 253 Clark Street Lemoyne, PA 17043 253 Clark Street Lemoyne, PA 17043 1998 through 2000 1992 to 8/14/03 8/14/03 to Present The mother of the child is Defendant, currently residing at 253 Clark Street, Lemoyne, Cumberland County, Pennsylvania 17043. She is divorced. The father of the child is Plaintiff, currently residing at 562 South Third Street, Second Floor, Lemoyne, Cumberland County. Pennsylvania 17043. He is divorced. 4. The relationship of Plaintiff to the child is that of father. resides with the following persons: Name Relationship Carolyn Holies Subject Child The Plaintiff currently The relationship of Defendant to the child is that ofmother. The Defendant currently resides with the following persons: Name Relationshil~ Carolyn Holjes Subject Child Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be best served by granting the Plaintiff primary custody for the following reasons: a. It is important that the child establish strong bonds with both parents; b. Plaintiff is able to provide the child with a stable home environment; Plaintiffhas been a primary caregiver for the child and he wishes to continue to do so. He has also adjusted his work schedule so that he is available for the child when she is not in school. During those times, he makes himself available to assist with homework and other matters; Plaintiff has a three bedroom apartment that is adequate for Plaintiff, the child, and her brother, who is no longer a minor when he is home from college; Plaintiffhas always encouraged the child's relationships with Defendant and her brother; Defendant, at times, has exposed the child to an environment that may not be in her best interests. More specifically, Defendant's association with a convicted drug dealer who has physically abused Defendant and who has threatened the parties' son, is not in the best interest of the child. Very recently, Defendant's boyfriend has shown extreme hostility and used obscene language during a custody transfer, causing the subject child to cry; and Defendant's relationship with her sometimes violent boyfriend has caused the subject child to suffer from acute anxiety such that Plaintiff has initiated treatments from the Child with a therapist. Plaintiff is participating in treatment with the subject child and intends to continue to do so for as long as it is deemed necessary. 8. Each parent whose parental rights to the child have not been temfinated and the person who has physical custody of the child have been named as parties to this action. WHEREF ORE, Plaintiff, Franklin P. Holj es, respectfully requests that this Honorable Court award the parties shared legal and physical custody of their child and grant such other relief as this Court deems just and proper. Respectfully submitted., LAW OFFICES OF CRAIG A. DIEHL 'L nda A. Clotfelter, Esquire U ~,~464[ Astt °~eriYnI~lDe' RS°~d72963 Camp Hill, PA 17011 (717) 763 -7613 FRANKLIN P. HOLJES, Plaintiff VS. JOANN L. HOLJES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-SU : .. : CIVIL ACTION - LAW : IN CHILD CUSTODY VERIFICATION I, FRANKLIN P. HOLJES, verify that the statements in the foregoing COMPLAINT FOR CUSTODY are tree 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: FRANKLIN P. HOLJES, FRANKLIN p. HOLJES PLAINTIFF JOANN L. HOLJES DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5104 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Wednesday, October 01, 2003 , 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 301 Market Street, Lemoyne, PA 17043 on Monday, November 03, 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 en~'y 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 hearinl~. FOR TILE COURT, By: /s/ Melissa P. Gr¢¢,~yLEsq. 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. Cumbetiand County Bar Associat/on 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VtNVA"]ASNN~a., FRANKLIN P. HOLJES, Plaintiff VS. JOANN L. HOLJES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CHILD CUSTODY AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Franklin P. Holjes, do hereby affirm that the original return receipt of the Court Order and Contempt Petition sent by Certified Mail, Return Receipt Requested, was served upon Joann L. Holjes, Defendant by United States Certified Mail, Return Receipt Requested, at the following address: 253 Clark Street, Lemoyne, I?A 17043, is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unsworn falsification to authorities. · Complete items 1, 2, and 3. Also compiete ~ 4 if Restricted Delivery is desired. · Print your name and address on the reverse k~,o that we can return tho card to you. · 3,¥tach this card to the back of the ma#piece, or on the front if space permits. D. Isdelive~r~esd~iteml? r'lyes If YES, ent~- clellveP/address below: r=l No 3. Service'F/pe · ~'Certlfled Mall F1 Registered Fl Insured Mall [] C.O.D. 4. Restricted Del:lvery? (Extra Fes) ~e~ Dated:lO/q/~OD~ LAW OFF]ICES OF CRAIG A DIEHL hda A. ~21otfelter, Esquire ttorney ID No. 72963 464 Trindle Road 2amp Hill, PA 17011 (717) 763-7613 FRANKLIN P. HOLJES, Plaintiff VS, JOANN L. HOLJES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-SU : CIVIL ACTION - LAW : IN CHILD CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Joann L. Holjes 253 Clark Street Lemoyne, PA 17043 LAW OFFICES OF CRAIG A. DIEHL Date: By: L~, ~sistant 3464 Trindle Road Camp Hill, PA 1'7011 (717) 763-7613 FRANKLIN P. HOLJES, Plaintiff JOANN L. HOLJES, Defendant NOV 1 2 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5104 CIVIL TERM CIVIL ACTION - [AW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW this ~ day of November, 2003, upon consideration of the attached Custody Conciliation Summary Report, it s hereby ordered and directed as follows: 1. Leqal Custody. The parties, Franklin P. Holjes and Joann L. Holjes, shall have shared legal custody of the minor child, Carolyn Holjes, born June 3, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Physical Custody. The Mother will have primary physical custody of the child subject to Father's rights of partial custody which shall be arranged as follows: A. Effective November 14, 2003, on the first, third and fourth weekends of the month from Friday after school until Monday when the child is returned to school. B. Other such times as the parties may agree. NO. 03-5104 CIVIL TERM C. Effective with Father having a change in his work hours which would be comparable to Mother's, such as 7:00 a.m. to 3:00 p.m. or 8:00 a.m. to 4:00 p.m., and beginning with the first week that Father is on that schedule, the parties will have shared physical custody of the child arranged in a week- on, week-off schedule to begin with Father having the first custodial week. The non-custodial parent shall have custody on Wednesday overnight each week. The custodial exchange shall occur on Sundays at 6:00 p.m. unless otherwise agreed. 3. Holidays. The parties will share custodial time for holidays by their mutual agreement. Dist: BY THE COURT: ~inda A. Clotfelter, Esquire, 3464 Trindle Road, Camp Hill, PA 17011 ¢"~oann L. Holjes, 253 Clark Street, Lemoyne, PA 17043 FRANKLIN P. HOLJES, Plaintiff V. JOANN L. HOLJES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5104 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Carolyn Holjes DATE OF BIRTH CURRENTLY IN THE CUSTODY OF June 3, 1991 Mother 2. The parties' first Custody Conciliation Conference was held on November 3, 2003 following Father's Complaint for Custody filed on or about September 25, 2003. Present for the conference were: the Father, Franklin P. Holjes, and his counsel, Linda A. Clotfelter, Esquire; the Mother, Joann L. Holjes, attended pro se. 3. The parties reached an agreement in the form,.ojLaJa..,Order as attached. Date Melissa 'Peel ~rreevy, Esquir'b-- Custody Conciliator :220715