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HomeMy WebLinkAbout07-6848A Scott A. Holtry, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Civil Action - Law Rebecca L. Holtry, No. L)j- (o$y$ Civil Term Defendant. In Custody COMPLAINT FOR CUSTODY AND NOW comes, the Plaintiff, Samuel R. Morgan, by and through his attorney, M. Teri Hall Stiltner, Esquire of the Trgovac Law Office and in support of his Complaint for Custody states: 1. The Plaintiff is Scott A. Holtry (hereinafter referred to as "Father,") residing at 876A Possum Hollow Road, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is Rebecca L. Holtry (hereinafter referred to as "Mother,") residing at 9 Shuman Road, Newburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Patrick Alan Holtry and Sarah Elizabeth Holtry Address 9 Shuman Road Newburg, Pennsylvania and 876A Possum Hollow Road Shippensburg, Pennsylvania 14 years old DOB: 1/5/93 12 years old DOB: 12/16/94 The children were not born out of wedlock. The children are presently in the custody of Father and currently reside at 876A Possum Hollow Road, Shippensburg, Cumberland County, Pennsylvania and in the custody of Mother and currently reside at 9 Shuman Road, Newburg, Cumberland County, Pennsylvania. During the past five (5) years the child has resided with the following persons and at the following addresses: Name Address Date Mother and Father 9 Shuman Road 2002-11/9/07 Newburg, Pennsylvania Name Address Mother 9 Shuman Road Newburg, Pennsylvania and Father 876A Possum Hollow Road Shippensburg, Pennsylvania Date 11/9/07-present 11 /9/07--present The Mother of the children is Rebecca L. Holtry who resides at 9 Shuman Road, Newburg, Pennsylvania. She is married. The Father of the children is Scott A. Holtry who resides at 876A Possum Hollow Road, Shippensburg, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is that of natural Father. The Plaintiff currently resides with the following person: Name Relationship Patrick A. Holtry Son Sarah E. Holtry Daughter Randy Holtry Brother April Holtry Sister-in-law Abby Kitzmiller Niece 5. The relationship of Defendant to the children is that of natural Mother. The Defendant currently resides with the following persons: Name Relationship Patrick A. Holtry Son Sarah E. Holtry Daughter 6. Plaintiff, Scott A. Holtry, is represented by M. Teri Hall Stiltner, Esquire of the Trgovac Law Office with regard to this matter. 7. It is unknown whether Defendant, Rebecca L. Holtry, is represented with regard to this matter. 8. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 9. Father does not know of a person not a party to the proceedings that has physical custody of the children or claims to have custody or visitation rights with respect to the children. 10. Father is now and always has been able and willing to provide for the children's needs. For the following reasons, the best interests and permanent welfare of the children will be served by granting the relief requested: a. Father and Mother have actively participated in the children's primary care since their births. b. Father and Mother have reached an agreement regarding the custody of the children. C. Father and Mother have agreed that it is in the children's best interest for them to share legal and physical custody of the children. d. The parties have executed a stipulation and agreement for custody that is being filed simultaneously with this Complaint. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. All and the to custody or visitation of other persons, named below, who are known to have or claim the children will be given notice of the pendency of this action right to intervene: NONE 12. Plaintiff requests that Court enter an Order pursuant to the stipulation and agreement reached by the parties that is being filed simultaneously with this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to grant Plaintiff shared legal custody and shared physical custody of the children with Defendant having shared legal and physical custody of the children. TRGOVAC LAW OFF E Date: November 9, 2007 By: Teri Hall Stiltner, Esquire Attorney I.D. No. 86337 The Professional Arts Building 25 Penncraft Avenue, Suite 310 Chambersburg, Pennsylvania 17201 (717) 262-9091 Attorney for Plaintiff VERIFICATION I, Scott A. Holtry, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn verification to authorities. t? Date: o--7 IAcott .oltry ? ? ? ? ? g ? $ -? :W r.s p ,_ x. ,°_ , ?. ?? ?. .?= Scott A. Holtry, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Civil Action - Law Rebecca L. Holtry, No. 02- G P if Civil Term Defendant. In Custody STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT is made by and between Plaintiff, Scott A. Holtry, (hereinafter referred to as "Father"), and Defendant, Rebecca L. Holtry, (hereinafter referred to as "Mother".) 1. Mother and Father are the natural parents of Patrick A. Holtry, born January 5, 1993 and Sarah E. Holtry, born December 16, 1994, (hereinafter referred to as the "children.") 2. Mother and Father were married at the time of the children's births. 3. With the exception of the action filed to the above-captioned number and term, neither party has participated as a party in other litigation concerning the custody of the children in this Court. 4. None of the parties has information of a custody proceeding concerning the children pending in a court of this Commonwealth. 5. None of the parties knows of any 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. 6. During the past 5 years children have resided with the following persons and at the following addresses: Name Address Date Mother and Father 9 Shuman Road 2002-11/9/07 Newburg, Pennsylvania Name Address Date Mother 9 Shuman Road 11/9//07-present Newburg, Pennsylvania and Father 876A Possum Hollow Road 11 /9/07-present Shippensburg, Pennsylvania 7. The parties have reached an agreement with regard to the custody of their minor children and desire to reduce their agreement to an Order of Court. NOW THEREFORE, the parties intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed hereby stipulate and agree that the Court may enter the following Order of Court in the above-captioned case: a. Plaintiff, Scott A. Holtry, (hereinafter referred to as "Father") and Defendant, Rebecca L. Holtry, (hereinafter referred to as "Mother") shall have shared legal custody of Patrick A. Holtry, born January 5, 1993 and Sarah E. Holtry, born December 16, 1994, (hereinafter referred to as "the children"). b. Mother and Father shall share physical custody of the children on an alternating week schedule with custody exchanges to take place on Sundays at 3:00 p.m. Father's alternating week periods of custody shall begin on the week that his brother and sister-in- law, Randy and April Holtry have custody of their children. C. During Father's week periods of custody, Mother shall have custody of the children on Wednesday evening from 6:00 p.m. to 9:00 p.m. During Mother's week period of custody, Father shall have custody of the children on Wednesday from after school until 9:00 p.m. d. Holidays: The holiday schedule shall take precedent over the regular custody schedule stated in item 1, 2, and 3 of this Order. Upon the completion of any holiday period of custody, the parties shall revert back to the regular custodial schedule in items 1,2 and 3 of this Order. i. Thanksgiving: Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. through 3:00 p.m. If Mother wishes to have custody of the children on Thanksgiving Day she will have custody of the children from 3:00 p.m. to 9:00 p.m. ii. Christmas: Beginning in 2007 and each odd year thereafter, Father shall have custody of the children on December 24th from 3:00 p.m. until 10:00 p.m. Mother shall have custody of the children from December 24th at 10:00 p.m. through December 25th at 3:00 p.m. Father shall have custody of the children from December 25th at 3:00 p.m. until 10:00 p.m. Beginning in 2008 and each even year thereafter, Father shall have custody of the children on December 24th from 3:00 p.m. through December 25th at 11:00 a.m. Mother shall have custody of the children from December 25th at 11:00 a.m. until 10:00 p.m. iii. New Year's: Beginning in 2008 and each even year thereafter, Father shall have custody of the children on December 31St at 3:00 p.m. through January 1St at 3:00 p.m. Mother shall have custody of the children from 3:00 p.m. on January 1St through January 2°d when the children shall return to school. Beginning in 2009 and each odd year thereafter, Mother shall custody of the children on December 31St at 3:00 p.m. through January 1St at 3:00 p.m. Father shall have custody of the children from 3:00 p.m. on January 1St through January 2"d when the children shall return to school. iv. Easter: Father shall have custody of the children on Easter Sunday from 9:00 a.m. to 3:00 p.m. Mother shall have custody of the children on Easter Sunday from 3:00 p.m. until 9:00 P.M. v. Children's Birthdays and Father's Birthday: Mother shall have custody of the children for their birthday each year from 9:00 a.m. through 9:00 p.m. Father shall have custody of the children on his birthday each year from 9:00 a.m. through 9:00 p.m. BY THE COURT: Witness: ?7 J. Scott A. Holtry L. Holt 1??ecca . a I verify that the facts set forth in the above Stipulation and Agreement 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 unswom falsification to authorities. Date: C! cott A. Holtry I verify that the facts set forth in the above Stipulation and Agreement 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. Date: Rebe . Holtry P r` JAN u-7 z00 ?ry Scott A. Holtry, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Civil Action - Law Rebecca L. Holtry, No. 61- (v84R Civil Term Defendant. : In Custody ORDER OF COURT AND NOW, this 8B day of -Satiy6,1r1 2009 upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Plaintiff, Scott A. Holtry, (hereinafter referred to as "Father") and Defendant, Rebecca L. Holtry, (hereinafter referred to as "Mother") shall have shared legal custody of Patrick A. Holtry, born January 5, 1993 and Sarah E. Holtry, born December 16, 1994, (hereinafter referred to as "the children"). 2. Mother and Father shall share physical custody of the children on an alternating week schedule with custody exchanges to take place on Sundays at 3:00 p.m. Father's alternating week periods of custody shall begin on the week that his brother and sister-in- law, Randy and April Holtry have custody of their children. 3. During Father's week periods of custody, Mother shall have custody of the children on Wednesday evening from 6:00 p.m. to 9:00 p.m. During Mother's week period of custody, Father shall have custody of the children on Wednesday from after school until 9:00 p.m. 4. Holidays: The holiday schedule shall take precedent over the regular custody schedule stated in item 1, 2, and 3 of this Order. Upon the completion of any holiday period of custody, the parties shall revert back to the regular custodial schedule in items 1, 2 and 3 of this Order. a. Thanksgiving: Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. through 3:00 p.m. If Mother wishes to have custody of the children on Thanksgiving Day she will have custody of the children from 3:00 p.m. to 9:00 p.m. b. Christmas: Beginning in 2007 and each odd year thereafter, Father shall have custody of the children on December 24th from 3:00 p.m. until 10:00 p.m. Mother shall have custody of the children from December 24th at 10:00 p.m. through December 25th at 3:00 p.m. Father shall have custody of the children from December 25th at 3:00 p.m. until 10:00 p.m. Beginning in 2008 and each even year thereafter, Father shall have custody of the children on December 24th from 3:00 p.m. through December 25th at 11:00 a.m. Mother shall have custody of the children from December 25th at 11:00 a.m. until 10:00 p.m. c. New Year's: Beginning in 2008 and each even year thereafter, Father shall custody of the children on December 31St.at 3:00 p.m. through January 1St at 3:00 p.m. Mother shall have custody of the children from 3:00 p.m. on January 1St through January 2nd when the children shall return to school. Beginning in 2009 and each odd year thereafter, Mother shall custody of the children on December 31St at 3:00 p.m. through January 1" at 3:00 p.m. Father shall have custody of the children from 3:00 p.m. on January 1St through January 2°d when the children shall return to school. d. Easter: Father shall have custody of the children on Easter Sunday from 9:00 a.m. to 3:00 p.m. Mother shall have custody of the children on Easter Sunday from 3:00 p.m. until 9:00 P.M. e. Children's Birthdays and Father's Birthday: Mother shall have custody of the children for their birthday each year from 9:00 a.m. through 9:00 p.m. Father shall have custody of the children on his birthday each year from 9:00 a.m. through 9:00 p.m. BY THE COURT: -1,k -?- ?" \/ - `6 Lvlr:? --37 6t-3(v7. r --v3 cyt-?! K5 / l 14ew A" 4PO Adov _ $o/b1, •rnrr; ! 5E o N .g WV 6- NVf €OOZ