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HomeMy WebLinkAbout09-5546 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Sydney B. Johnson, Plaintiff, vs. : No. D'9- .5 1Sg4 Cr .l T - Kyle Holjes, : CIVIL ACTION Defendant, :CUSTODY COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, Sydney Johnson, by and through her attorney, William C. Felker, files this Complaint for Custody, and in support thereof, avers as follows: 1. Plaintiff is Sydney B. Johnson, an adult individual residing at 718 Taunton Road, Wilmington, Delaware 19803. 2. Defendant is Kyle Holjes, an adult individual residing at 401 A Limekiln Road, New Cumberland, PA 17070. 3. Plaintiff seeks custody of the following child: Name Present Address Date of Birth Breanna Holjes 718 Taunton Road, Wilmington, DE 19803 11/24/2008 The child was born out of wedlock. The child is presently in the physical custody of Plaintiff who resides at 718 Taunton Road, Wilmington, Delaware 19803. During the past year, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Plaintiff/Defendant 3528 September Drive, Camp Hill, PA birth - present. Mother of the child is Sydney Johnson, currently residing at 718 Taunton Road, Wilmington, Delaware 19803. She is single. Father of the child is Kyle Holjes, currently residing at 401 A Limekiln Road, New Cumberland, PA 17070. He is single. 4. The relationship of plaintiff to the child is that of mother. Plaintiff currently resides with the child and Richard and Norma Johnson. 5. The relationship of defendant to the child is that of father. Defendant currently resides with Patty and Jason Holjes. 6. 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. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because defendant is physically abusive. 8. 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. WHEREFORE, Plaintiff, Sydney Johnson, respectfully request this Honorable Court to grant her custody of the child. Respectfully submitted, Date: August 4, 2009 or, Attorney for Plaintiff William C. Felker, Esquire 67999 P.O. Box 1401 Camp Hill, PA 17001 (717) 512-0647 I, Sydney Johnson, 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.C.S. §4904, relating to unsworn falsification to authorities. /' Date: August 4, 2009 nson CERTIFICATE OF SERVICE I hereby certify, that on the date set forth below, a true and correct copy of the foregoing Custody Complaint was served upon the party listed below by certified, return receipt, restricted delivery United States first class mail, to the following address: Kyle Holjes 41 A Limekiln Road New Cumberland, Pennsylvania 17070 Date: August it, 2009 /O Wm. C. Felker Attorney for Petitioner 67999 P.O. Box 1401 Camp Hill, PA 17001 F1?..Lh 01- 0 ?r Ir,. T?171??/ r ?.{4? ?t lJ( l? ^ 10 f: i { iiI n c09 Pl U,. I . CUI ..? _,,, .. l(,S. so PD r1 7 ft * 15(o PCTIV a..ISggy SYDNEY B JOHNSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KYLE HOLJES DEFENDANT 2009-5546 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 12, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, September 21, 2009 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. 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 hearing. FOR THE COURT, By: /s/ ohn . Mangan, r. Es 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 =tifir,P 12 SEP 212009 ,A A SYDNEY B. JOHNSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-5546 CIVIL ACTION LAW KYLE HOLJES, IN CUSTODY Defendant ORDER OF COURT AND NOW this _ day of September 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Kyle Holies, and the Mother, Sydney Johnson, shall have shared legal custody of Breanna Holies, born 11/24/2008. The parties shall have an equal right 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 23 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. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of Breanna every other weekend from Friday until Sunday. The parties shall mutually agree on the custody exchange times on Friday and Sunday. Furthermore, the parties shall mutually agree upon the exchange locations. In the absence of agreement, the parties shall exchange custody in Lancaster, PA. b. Father shall have additional periods of physical custody with the Child at such other times/days as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. In regard to the Child's birthday, in odd years, Mother shall have the Child's birthday and Father shall have six (6) hours the Saturday following her birthday. In even years, Father shall have the Child's birthday and Mother shall six (6) hours the Saturday following her birthday. 5. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information 4. regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Relocation: The parties have negotiated the custody portions of this Order based upon the parties' current residences. If either party intends to establish residency a substantial distance from where they currently reside and said move would affect the current custodial schedule, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J;hstribution: V yle Holjes, 401 A Limekiln Rd., New Cumberland, PA 17070 ,.-'William Felker, Esq., P.O. Box 1401, Camp Hill, PA 17001 !A'ohn J. Mangan, Esq. 9P Yi _tl? HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1 St Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Day Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day I From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father SYDNEY B. JOHNSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-5546 CIVIL ACTION LAW KYLE HOLJES, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Breanna Holj es 11/24/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 21, 2009 with the following individuals in attendance: The Mother, Sydney B. Johnson, with her counsel, William Felker, Esq. The Father, Kyle Holjes, pro se 3. The parties agreed to the entry of an Order in the form as attached. Z Date[ Jo J. angan, Esquire sto y Conciliator F LEL , . OF T-HIF 69.009 SEP 24 A i0: 19 i4 ?i f 01- 1