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HomeMy WebLinkAbout09-1651Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 Merb ®,dcdlaw.net JEREMY HOLLINGSWORTH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 9 4 6'1 06.-j SHEENA HOLLINGSWORTH, : CIVIL ACTION - LAW Defendant : CUSTODY ACTION COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, JEREMY HOLLINGSWORTH, by and through his attorney, Melanie L. Erb, Esquire and the Law Office of Darrell C. Dethlefs, who files this Complaint for Custody and avers as follows: 1. The Plaintiff is Jeremy Hollingsworth, an adult individual, currently residing at 330 S. Washington Street, Apt. 2, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Sheena Hollingsworth, an adult individual currently residing at 5312 Oxford Circle, Apt. 6, Mechanicsburg, Cumberland County, Pennsylvania. 3 (a). Plaintiff seeks shared legal and primary physical custody of the minor child Madison Hollingsworth, born March 27, 2002. 3(b). The child was not born out of wedlock. The child is presently in the custody of Plaintiff, Jeremy Hollingsworth who resides at 330 S. Washington Street, Apt. 2, Mechanicsburg, Cumberland County, Pennsylvania. His relationship to the minor child is that of Father. For the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Jeremy Hollingsworth 330 S. Washington St., Apt 2 12/29/08 to present Amber Naccarato Mechanicsburg, PA Sheena Hollingsworth Adam Peters Ethan Schell 5312 Oxford Circle, Apt 6 Mechanicsburg, PA 6/9/05 - present Jeremy Hollingsworth Charles Hollingsworth Carolyn Hollingsworth Jeremy Hollingsworth Sheena Hollingsworth Ethan Schell 117 Allen Court Camp Hill, PA 409 Brian Court Mechanicsburg, PA 6/26/05 -12/29/08 1 /l /04 - 6/26/05 3(c). The mother of the child is Sheena Hollingsworth, currently residing at 5312 Oxford Circle, Apt. 6, Mechanicsburg, Cumberland County, Pennsylvania. She is currently married to, but separated from, the Father of the child. The father of the child is Jeremy Hollingsworth, currently residing at 330 S. Washington Street, Apt. 2, Mechanicsburg, Cumberland County, Pennsylvania. He is currently married to, but separated from, the Mother of the child. 4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Name Relationship Madison Hollingsworth daughter Amber Naccarato fiance 5. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Name Relationship Ethan Schell Adam Peters Son boyfriend 6(a). Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 6(b). Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff/Father has been the child's primary caregiver. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NONE. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order scheduling a custody conciliation conference. Respectfully Submitted, IP/vX;?C - M ie r , Esquire P I.D. No. 84445 The Law Offices of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff VERIFICATION I verify that the statements made in the Complaint 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. Date: ?% 1 o2Cj eremy ollingswort ?.1 C ?; C'? e?-> ?; C? .? ,? ? (? ??. ,.? ?? _, r _ n ... ?.?y , ? ...,x 't" 3 ? . ?n ? ? y`,? qq ?yy? ?V ,may _? P? JEREMY HOLLINGSWORTH, Plaintiff V. SHEENA HOLLINGSWORTH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW : CUSTODY ACTION CUSTODY STIPULATION AND NOW, this day of , EGG` , 2009, SHEENA HOLLINGSWORTH ("Mother") and JEREMY HOLLINGSWORTH ("Father"), stipulate to the following provisions being made an Order of Court: 1. The parties shall share legal custody of MADISON HOLLINGSWORTH, (born 3/27/2002). Both parents realize and appreciate that it is critical for the child's healthy development that she feel good about, and loving toward, both parents and that both parents play a major role in helping to achieve this goal. 2. The parties agree that major decisions concerning the child, including but not limited to, the child'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 child's best interests. Each party agrees not to impair the other's rights to shared legal custody of the child. Each party shall notify the other of any activity or circumstances concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each parry shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Both parents shall at all times be listed on school records for the minor child for purposes of notifying the school of the parents shared custody arrangement and to provide emergency contact for the school. Both parents shall be listed on all other documentation as the emergency contact for the minor child. Further, parents shall ensure that copies of all school correspondence, including but not limited to, report cards, school photo/yearbook purchase forms, school calendars, progress reports, notes from school guidance counselor and/or teachers. Additionally, the parties shall confer and mutually agree to financial contribution toward a vehicle upon the minor child reaching legal driving age. It is also agreed between the parties, that if the minor child was to want to withdraw from school prior to her eighteenth birthday that both parents would have to provide written authorization to do so. 3. Mother and Father shall share physical custody of the child in accordance with the following schedule: a. Mother shall have custody from Monday morning at 8:30a.m. until Thursday afternoon at 3:30p.m. each week b. Father shall have custody from Thursday afternoon at 3:30p.m. until Sunday at 2:00p.m. each week. C. The parties shall alternate having custody of the minor child each Sunday evening beginning with Father having the child on Sunday, (4 a 1,44% a.1, QLOa q ;T d. The parties agree that they shall provide all items necessary for caring for the child in their home during their period of custody, including clothing and toiletries. Any items shared by the parties shall be properly cleaned and promptly returned to the other party. 4. Vacations: Each parent shall be entitled to exercise a period of week vacation with the minor child. Each parent must give the other sixty days prior written notice of their intended scheduled vacation. 5. Holidays: a. Thanksgiving and New Year's Eve: Father shall have the child each year from 9:00 a.m. until 9:00 a.m. the following day each year unless otherwise mutually agreed upon by the parties. b. Easter, Halloween, Christmas Eve and Christmas Day: Mother shall have the child on Easter and Christmas Day for odd numbered years and Christmas Eve for even numbered years and Father shall have the child for Easter, Halloween Trick or Treat Night and Christmas Day for even number years and Christmas Eve for odd numbered years. These times for these periods shall be mutually agreed upon by the parties, except that the party receiving custody of the child on Christmas Day shall do so at noon on Christmas Day. C. The parties shall alternate the following holidays, Memorial Day, Independence Day and Labor Day, with the time for those holidays being 9:00 a.m. until 7:00 p.m. on the day of the actual holiday. Mother shall have Memorial Day and Labor Day and Father shall have Independence Day in odd numbered years and the opposite shall occur in even numbered years. d. Father shall have physical custody of the child each Father's Day and Mother shall have physical custody of the child on Mother's Day with the time being from 9:00 a.m. until 7:00 p.m. respectively. 6. Communication: All communication between the parties shall be civil, good natured and intended to serve the best interests of the child. Both parents shall provide the other with all applicable addresses and telephone numbers, including home, work and cell phone numbers. The parent having physical custody of the child shall ensure the other parent has reasonable telephone and e-mail privileges (if available and when the child becomes of age when he uses e- mail) with the child. 7. Transportation: The parties shall share transportation equally with the party beginning the period of physical custody providing transportation. 8. During any period of custody, the parties shall not possess or use any controlled substance (other than legally prescribed medication), nor shall they consume alcoholic beverages to the point of intoxication. The parties shall ensure, to the extent possible, that others in the presence of the child comply with this prohibition. 9. Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall refrain from making derogatory comments about the other parent or his/her significant other in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child, whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates. Each parental figure shall refer to the other by the appropriate role name (i.e. mom, dad, etc.). Each parent agrees to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 10. Relocation: Mother shall obtain a three bedroom residence, suitable to provide the minor child with her own room, by August 31, 2009. Should Mother fail to obtain said three bedroom residence, then she shall no longer have periods of physical custody, but will retain visitation. Should Mother relocate outside of the child's current school district, then Mother shall not transfer the child to a new school district without Father's express permission. The parties mutually agree that neither parent shall relocate more than fifty (50) miles from their current residences if such move would necessitate a change in the custody arrangement without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 11. Neither party shall travel with the minor child outside the Commonwealth of Pennsylvania for any reason without the express permission of the other parent. 12. Should either parent change employment that would provide for a new work schedule, the parties agree to discuss possible changes to the custodial arrangement that would be in the best interests of the child. However, neither parent may unilaterally alter the current custody schedule. 13. Medical Insurance: The parties agree to mutually choose an insurance provider for the minor child and to share equally in the cost of said insurance. Further, the parties agree to equally share all unreimbursed medical, dental, and vision expenses that are necessary for the health and safety of the minor child. This does not apply to elective procedures or unreasonable expenses unless both parents expressly agree to incur these expenses. Copies of invoices and receipts must be provided before reimbursement is made. 14. Expenses: The parties agree that they share equally in the expenses for the child's school projects, school activities and extra-curricular activities so long as they have mutually agreed to authorize the child's participation in such activities. The parties agree that they shall promptly provide the other parent of any project or activity that is scheduled for the child in an effort to allow him/her to participate in said project/activity. 15. Tax Returns: The parties have agreed to alternate claiming the child for purposes of filing federal, state and local tax returns. Father shall be entitled to claim the child as a dependent for the 2009 tax year and all odd numbered tax years. Mother shall be entitled to claim the child for all even numbered tax years. 16. Modification: Any of the provisions of this Stipulation may be modified or deleted upon mutual consent of the parents. The parents acknowledge circumstances may warrant a change in custodial periods and agree to work together to ensure the child is able to attend special family events, to attend activities in which he is enrolled, etc. The parties agree, that whenever possible, they shall make any request to alter the schedule a minimum of fourteen days prior to the requested change. Absent an agreement of the parties or further Order of Court, the above provisions shall be followed. 17. An Order of Court will be entered in accordance with the terms of this Stipulation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: t'VI Jua 'i?? Sheena Hollingsworth WITNESS: Jeremy ifiollingsworth C°,1 {? ?.,,. C-?:.J ?a "?-? ???,- ? ?, 4? ?. ?? ?? ...... ?`_if (7 C3'1 Y?? "''1 -- _ `?5 :Cfi `? .?: .a7 ?..,. , f .? MAR 17 2009 0 JEREMY HOLLINGSWORTH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 09 - 1(a 51 l ?Iv it ?er`N+ SHEENA HOLLINGSWORTH, : CIVIL ACTION - LAW Defendant : CUSTODY ACTION ORDER AND NOW, this 18 day of , 2009, it is hereby Ordered and Decreed that the Custody Stipulation, dated March 13, 2009 be adopted as an Order of Court. ,. t .a c?3/ cr) W L . ' N ? s