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HomeMy WebLinkAbout04-0823TRAVIS HOLLIDAY, Plaintiff BILLIE JO HOLLIDAY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-823 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divome under §3301(c) of the Divome Code was filed on February 26, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa,C,S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TRAVIS HOLLIDAYJ TRAVIS HOLLIDAY, Plaintiff BILLIE JO HOLLIDAY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-823 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TRAVlS HOLLIDAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-823 CIVIL TERM BILLIE JO HOLLIDAY Defendant : CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on February 26, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TRAVIS HOLLIDAY, Plaintiff BILLIE JO HOLLIDAY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-823 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TRAVIS HOLLIDAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-823 CIVIL TERM BILLIE JO HOLLIDAY Defendant : CIVIL ACTION - CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c)) of the Divorce Code. 2. Date and manner of service of the complaint: Certified, Returned Receipt mail delivered on or about. March 4, 2004 3. Date of execution of the Affidavit of Consent required by {}3301(c) of the Divorce Code. By Plaintiff: May 27, 2004 By Defendant: May 27, 2004 4. Related claims pending: None. Date the Waiver of Notice in §3301(c) divorce was filed with the Prothonotary: By Plaintiff: June 4, 2004 By Defendant: November June 4, 2004 Robert ,y/Muldeng, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. mravis Holliday NO. 04-823 VERSUS Bil}ie Jo Holliday DECREE IN DIVORCE AND NOW, ~'(,~ ~ DECREED THAT Travis Hollida¥ AND Billie Jo Holliday 2004 It IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COURT: TRAVIS HOLLIDAY, Plaintiff BILLIE JO HOLLIDAY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04- o~3' CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 TRAVIS HOLLIDAY, Plaintiff BILLIE JO HOLLIDAY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- ~'~ CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is TRAVIS HOLLIDAY, an adult individual, currently residing at 1650 Spring Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is BILLIE JO HOLLIDAY, an adult individual, currently residing at RR1 Box 70 Covinaton, Tioga County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on July 15, 1995 in Tioga County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Fomes of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. 9. 10. Plaintiff and Defendant are citizens of the United States of America. The parties' marriage is irretrievably broken. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully Submitted TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true andl correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. , TRAVIS HOLLIDAY, Plaintiff BILLIE JO HOLLIDAY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAN:A : NO. 04-823 CIVIL TERM : CIVIL ACTION - CUSTODY ~COMPLAINT FOR CUSTODY Name Both Parents 1. Plaintiff is TRAVIS HOLLIDAY, an adult individual whose residence is at. 1650 Spring Road, Carlisle, Cumberland County, Pennsylvania 2. Defendant is BILLIE JO HOLLIDAY, an adult individual whose resid~ ~s at. RR1 Box 70, Covington, Tioga County, Pennsylvania 3. Plaintiff seeks custody of his child HAYDEN CHARLES JAI~E HOLLIDAY, born July 11, 2000, currently residing at RR1 Box 70, Covington, Tiog County, Pennsylvania 4. The child is presently in the custody of Defendant. Since the child's births, the child has resided at the following addresses: Address Both Parents Both Parents 1650 Spring Road, Carlisle, PA 220 Marion Avenue Carlisle, PA 127 Center Street Carlisle, PA D~ates Aug 4, 2003 to present Apr, 2001 to Aug 4, 2003 July 11, 2t b Apr, 2001 6. The relationship of the Plaintiff to the child is that of natural father. 7. The relationship of the Defendant to the child is that of natural mother. 8. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the chil pending in a Court of this Commonwealth. 7~00 p.m, b. 10. The best interest and permanent welfare of the child will be served granting the Plaintiff the following periods of partial custody: Every other weekend from Friday at 5:00 p.m. through Sunday at One full week during each of the months of June, July and August. c. Alternating holidays from 6:00 a.m. to 7:00 p.m. The holidays shall be New Year's Day, Memorial Day, 4th of July, Labor Day, Easter, Hallowee and Thanksgiving Day, with the father having custody on Memorial Day, 2004. d. The parties shall alternate the Christmas holiday. The father sha, have custody of the child from 6:00 p.m. Christmas Eve until 3:00 p.m. Christma,, Day in odd numbered years and the mother shall have this period in ever numbered years. The mother shall have custody of the child from 3:00 p.m. Christmas Day until 6:00 p.m. December 26th in odd numbered years and the father shall have this period in even numbered years. e. Mother shall have physical custody from 8:00 a.m. until 7:00 p.m. on Mother's Day and Father shall have physical custody from 8:00 a.m. until ?:0 p.m. on Father's Day. f. The party receiving custody shall provide transportation from the custodial parent's residence. g. Both parties have agreed to exchanging custody at the halfwa point between the two residences. h. The custodial parent shall inform the non-custodial parer immediately of all medical appointments and problems Pertaining to the child. i. Neither parent shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent c hamper the free and natural development of the child's love and respect for th~ other parent. J. Both parents shall have liberal and reasonable telephone contac with the child when the child is in the custody of the other parent. k. The custodial parent shall provide copies of the child's report and other reasonable papers affecting thE; child's education, medical condition, o welfare. 11. Each parent whose parental rights, to the child have not been terminated and the person who has physical custody of the child have been named as parties this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to appoint a conciliator to conduct a meeting between the Parties. Respectfully Submitted TURO LAW OFFICES Date Robert J(,/Mulderig, Esqu~ir.~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney flor Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the of 18 Pa C S . penaltes · . . §4904 relabng to unsworn falsification to authorities. TRAVIS HOLLI~*'Ay TRAVIS HOLLIDAY, Plaintiff BILLIE JO HOLLIDAY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- 0~A~ CIVIL TERM CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of Complaint Divorce filed in the above captioned case upon Billie Jo Holliday, by certified mail, return receipt requested on February 26, 2004 addressed to: Billie Jo Holliday 1650 Spring Road Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Post Office receipt carc dated March 2, 2004. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVI'I OF SERVICE 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. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Datug , TURO LAW OFFICES ~b Ac e ~'~~e Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ¢,. ~ND~R: I also w~sh to receive ~ [3 Comple~ items 1 and/or 2 for additional sewices, ing services (for an extr~ fee): [3 P~n~ y]~lr name~a~ address on the reverse of this fonm so that we can return th~s , card o you 1. [] Aj~ssee s Address permit. ' ' ' ' 2 {~estricted De very 3, Article Addressed to: 4a, Article Number [] Registered  Fs Mail [] Insured 7. Date of Delivery 5. R~c~,~y;~Pri~tNarr~) /] ~ /' PS Form 3811, December 1994 8. Addres~ee s Address (Only if requested and fee is I~tid) 102595-99-B-0223 Domestic Return Rec~l~[ TRAVIS HOLLIDAY, Plaintiff BILLIE JO HOLLIDAY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-823 CIVIL TERM : CIVIL ACTION - CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of Complaint ir Custody filed in the above captioned case upon Billie Jo Holliday, by certified mail return receipt requested on March 1, 2004 addressed to: Billie Jo Holliday 1650 Spring Road Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Post Office receipt car( dated March 4, 2004. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE 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. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES Date oberi ~.'l~l'd~rig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff · , ~a, ~ld 4b. lng services (for an extra f~ee): TRAVIS HOLLIDAY PLAINTIFF : IN THE coURT OF coMMON PLEAS OF : cuMBERLAND coUNTY, PENNSYLVANIA : 04-823 CIVIL ACTION LAW BILLIE JO HOLLIDAY DEFENDANT : IN cUSTODY oRDER OF coURT AND NOW, ~March 10, 2004 , upon consideration of the attached Complaint, hereby directed that parties and their respective counsel appear before ~' the conciliator, it is at 8:30 AM 4th Floor, Cumberland Count~ Courthouse, Carlisle on Tuesday,..· March 30, 2004 ~ at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; 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 a!~ear at the conference ma'/ 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: /s/ ' Custody Conciliator .... For information about accessible facilities and reasonable , . The Court of Common Pleas of Cumberland County is required by law to comply with the · an w~th D~sabd~tes Act of 199~.; ..... :-- ~--~q,,~ before the court, please contact our ofitce Amenc s . ., ~-,- +~ n;~abled lnOlVlOUalS nawn~ u~,o,,.~ss accommodations avanamc [u u,o~ All arrangements must be made at least 72 hours prior to any bearing 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 CANNO'I Al~FORD ONE, GO ~[O 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 TRAVIS HOLLIDY, Plaintiff V. BILLIE JO HOLLIDAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-823 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 6th day of April, 2004, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECOURT, TRAVIS HOLLIDAY, Plaintiff BILLIE JO HOLLIDAY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-823 CIVIL TERM CIVIL ACTION - CUSTODY PETITION TO MAKE A STIPULATION AN ORDER OF COURT 1. A Custody Complaint was filed in the above Caption Case on March 1, 2004 2. Stipulation as to Custody by the parties was filed with the Court on or about March 19tn 2004. Wherefore I request that this Honorable Com~ issue an order in accordance of the terms of the stipulation. Date ~.~I~. IVfulderig, Esqu[*d Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition To Make A Stipulation An Order Of Court upon Billie Jo Holliday, by depositing same in the United States Mail, first class, postage pre-paid on the / ~; day of ~,,~,4z,~ ,2004, from Carlisle, Pennsylvania, addressed as follows: Billie Jo Holliday 1650 Spring Road Carlisle, PA 17013 TURO LA\N OFFICES Robert J. M~derig, EsquiCeJ 28 South P~ Street Carlisle. PA 17013 (717) 245-9688 Attorney for Plaintiff TRAVIS HOLLIDAY, Plaintiff : IN THE COURT Of COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V= BILLIE JO HOLLIDAY Defendant : NO. 04-623 CIVIL TERM : CIVIL ACTION - CUSTODY CUSTODY ORDER '1 AND NOW, this 7?) ~ day of d ~, J. , 2004, upon consideration of the within Stipulation, it is hereby ORDERED that: 1. HAYDEN CHARLES JAMES HOLLIr)AY, born July 11,2000 is the natural child of TRAVIS HOLLIDAY and BILLIE JO HOLLIDAY. 2. Shared legal custody of the child as contemplated by the Act of October 30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be, in both of the parties, as the natural parents. 3. Primary physical custody of the child shall be in the mother subject to the following periods of partial custody with the father: Every other weekend from Friday at 5:00 p.m. through Sunday at 7:00 p.m. b. C. One full week during each of the months of June, July and August. Alternating holidays from 8:00 a.m. to 7:00 p.m. The holidays shall be New Year's Day, Memorial Day, 4th of July, Labor Day, Easter, Halloween and Thanksgiving Day, with the father having custody on Memorial Day, 2004. d. The parties shall alternate the Christmas holiday. The father shall have custody of the child from 6:00 p.m. Christmas Eve until 3:00 p.m. Christmas Day in odd numbered years and the mother shall have this period in even numbered years. The mother shall have custody of the child from 3:00 p.m. Christmas Day until 6:00 p.m. December 26th in odd numbered years and the father shall have this period in even numbered years. e. Mother shall have physical custody from 8:00 a.m. until 7:00 p.m. on Mother's Day and Father shall have physical custody from 8:00 a.m. until 7:00 p.m. on Father's Day. f. Both parties have agreed to exchanging custody at the halfway :oint between the two residences. g. The custodial parent shall inform the non-custodial parent ~mmediately of all medical appointments and problems pertaining to the child. h. Neither parent shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent, i. Both parents shall have liberal and reasonable telephone contact with the child when the child is in the custody of the other parent. 4. The custodial parent shall provide copies of the child's report card and other reasonable papers affecting the child's education, medical condition, or welfare. BY THE COURT', Travis Holliday, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-823 CIVIL TERM Billie Jo Holliday, Defendant : CIVIL ACTION - CUSTODY MODIFICATION FOR CUSTODY 1. Plaintiff is Travis Holliday, an adult individual whose residence is at 117 Amy Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Billie Jo Holliday, an adult individual whose residence is at Western Village RV Park, 200 Greenview Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of his child Hayden Charles James Holliday, born July 11th, 2000, currently residing at 117 Amy Drive, Carlisle, Cumberland County, Pennsylvania 17013. 4. The child is presently in the custody of Defendant. 5. In the last seven months, the child has resided at the following addresses: Name Hayden Charles James Holliday Hayden Charles James Holliday Address RR 1, Box 70 Covington, PA 16917 117 Amy Drive Carlisle, PA 17013 Dates April 2~h'~, 2004 - July 31st, 2004 August 1st, 2004- present 6. The relationship of the Plaintiff to the child is that of natural father. 7. The relationship of the Defendant to the child is that of natural mother. 8. Despite the fact that the Defendant has primary physical custody of the child, the child has resided with the Plaintiff for the last four months, and is almost exclusively cared for by the Plaintiff. 9. The child has had only one overnight visit with the Defendant since August 1st, 2004. 10. The best interest and permanent welfare of the child will be sewed by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court modify its April 27th, 2004 Order by granting primary physical custody to the Plaintiff; second that the modification to the April 27th, 2004 Order be drafted to permit the mother visits to her son during holidays and school vacations. Respectfully Submitted, TURO LAW OFFICES Date Michael M. Jeror~inski, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. Date TRAVIS HOLLIDA~/ CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Modification For Custody upon Billie Jo Holliday, by depositing same in the United States Mail, first class, postage pre-paid on the I ~' day of ~t_4~',', ~¢~' ,2004, from Carlisle, Pennsylvania, addressed as follows: Billie Jo Holliday Western Village RV Park 200 Greenview Drive Carlisle, PA 17013 TURO LAW OFFICES Michael M. Jerominski, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Travis Holliday, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-823 CIVIL TERM Billie Jo Holliday, Defendant : CIVIL ACTION - CUSTODY MODIFICATION FOR CUSTODY 1. Plaintiff is Travis Holliday, an adult individual whose residence is at 117 Amy Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Billie Jo Holliday, an adult individual whose residence is at Western Village RV Park, 200 Greenview Driive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of his child Hayden Charles James Holliday, born July 11th, 2000, currently residing at 117 Amy [)rive, Carlisle, Cumberland County, Pennsylvania 17013. 4. The child is presently in the custody of Defendant. 5. In the last seven months, the child has resided at the following addresses: Name Hayden Charles James Holliday Hayden Charles James Holliday Address RR 1, Box 70 Covington, PA 16917 117 Amy [;)rive Carlisle, PA 17013 Dates April 27t--~, 2004- July 31st, 2004 August 1st, 2004- present 6. The relationship of the Plaintiff to the child is that of natural father. 7. The relationship of the Defendant to the child is that of natural mother. 8. Despite the fact that the Defendant has primary physical custody of the child, the child has resided with the Plaintiff for the last four months, and is almost exclusively cared for by the Plaintiff. 9. The child has had only one overnight visit with the Defendant since August 1st, 2004. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court modify its April 27th, 2004 Order by granting primary physical custody to the Plaintiff; second that the modification to the April 27th, 2004 Order be drafted to permit the mother visits to her son during holidays and school vacations. Respectfully Submitted, TURO LAW OFFICES Date Michael M. Jero~quire 28 South Pitt Street Carlisle, PA 17013 (717) 245-.9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. Date TRAVIS HO'LLIDA~T CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Modification For Custody upon Billie Jo Holliday, by depositing same in the United States Mail, first class, postage pre-paid on the__} ¢ day of ~e_l[~, ¢¢r' , 2004, from Carlisle, Pennsylvania, addressed as follows: Billie Jo Holliday Western Village RV Park 200 Greenview Drive Carlisle, PA 17013 TURO LAW OFFICES Michael M. Jerominski, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245--9688 Attorney fl3r Plaintiff TRAVIS HOLLIDAY : PLAINTIFF : V. : BILLIE JO HOLLIDAY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-823 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 09, 2004 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 06, 2005 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 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 mag 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours I~rior to scheduled hearim,. FOR THE COURT. By: /s/ .[acqueli~e M. Vetnev~ Esq. rnhc 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) 249-3166 lfN ,., , ~r':/ Uhl ,0, / ,I TRAVIS HOLLIDAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-823 CIVIL TERM BILLIE JO HOLLIDY, Defendant : CIVIL ACTION ,. LAW : IN CUSTODY ORDER OF COURT AND NOW, this 28th day of January, 2005, the Conciliator having been advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, r dy Conciliator {'-) ';~{ ""'l r.'-'l C',U , r....) C.::; (.f1 N