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HomeMy WebLinkAbout10-2697OM C'SC' U ULAKIS Kara W. Haggerty, Esquire Attorneyl.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 CHRIS HOLMES, Plaintiff V. ROBIN HOLMES, Defendant si T ?Y OF THE- ?rl?'.-Ii 2010 APP 22 IN 3* 26 Gtiie ., t} .'UN -rte., 41 "1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO- 10 _ o,,) CrM CIVIL ACTION - LAW IN CUSTODY 1. Plaintiff is the Father, Chris Holmes, who currently resides at 445 Indiana Road, Landisburg, Perry County, Pennsylvania 17040. 2. Defendant is the Mother, Robin Holmes, 1715 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks custody of the following children: Name Address DOB Kristen Holmes 445 Indiana Road 12/25/93 Landisburg, PA 17040 y/29.d01?a-,fi'l 6164 V, Allison Holmes 1715 Sherwood Road 01/21/98 New Cumberland, PA 17070 Ryan Holmes 1715 Sherwood Road 10/04/99 New Cumberland, PA 17070 6. Kristen, Allison and Ryan were born in wedlock. 7. Kristen is in the primary custody of the Plaintiff, residing at 445 Indiana Road, Landisburg, Pennsylvania 17040. 8. Allison and Ryan Holmes are in the primary custody of the Defendant at 1715 Sherwood Road, New Cumberland, Pennsylvania 17070. 9. During the children's lifetime, they have resided with the following persons and at the following addressers: Name Address Date Chris Holmes 445 Indiana Road, As per Court Order dated Landisburg, PA 17040 October 6, 2003 Robin Holmes 1715 Sherwood Road, New As per Court Order dated Cumberland, PA 17070 October 6, 2003 10. The father of the children is Chris Holmes, who currently resides at 445 Indiana Road, Landisburg, Perry County, Pennsylvania. 17040. 11. The mother of the children is Robin Holmes, who currently resides at 1715 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. 12. The mother and father of the children are divorced. 13. The relationship of Plaintiff to the children is that of Father. 14. The relationship of Defendant to the children is that of Mother. 15. The Plaintiff currently resides with his minor child, Kristen Holmes. 16. The Defendant currently resides with her boyfriend, Steven Mishi, and her minor children, Allison and Ryan Holmes. 17. The Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. a. The parties have a prior custody order, dated October 6, 2003, from York County at Docket Number 2000-SU-04743-02C, a copy of which is attached as `Exhibit A'. b. The Plaintiff is filing the within action in Cumberland County as that has been the home county of the children in excess of six (6) months. 18. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 19. The Plaintiff does not know of a 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. 20. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. Kristen and Allison had been residing primarily with Father since approximately March 26, 2010, at which time Kristen revealed to her Father that Mother's boyfriend had been sexually assaulting her. b. Allison returned to the primary physical custody of her Mother approximately two (2) weeks ago. c. The sexual assault is currently being investigated by the New Cumberland Police, and Kristen has undergone interviews with licensed professionals regarding these allegations. d. It is believed and therefore averred that Mother does not believe Kristen. e. It is believed and therefore averred that Mother has refused to allow Kristen back in her home. f. It is believed and therefore averred that there is a safety plan in place through Cumberland County Children and Youth Services that neither Kristen nor Allison have any unsupervised contact with Mother's boyfriend. g. Father has strong family support to assist in caring for the children, and his family resides in close proximity to his home to assist in childcare when necessary. h. It is believed and therefore averred that it is in the best interest for all three (3) children to be in the primary custody of their Father. i. It is believed and therefore averred that it is in the best interest for the siblings to not be separated and for all three children to reside in the same household. j. It is believed and therefore averred that the schedule that would be in the best interest of the children is for Father to exercise primary physical custody of the children and for Mother to exercise partial physical custody on three out of four weekends during the school year, provided there is no contact between the girls and Mother's boyfriend. k. The Father can provide for the children both financially and emotionally. 1. The Father can provide a safe environment for all the children. 21. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that This Honorable Court grant primary physical custody of the minor children to the Plaintiff/Father. Respectfully submitted, ABom&KUTULA"s, L.L.P. D?= D4 k2-? Kara W. Haggerty Supreme Court ID: 86 U 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff I, CHRIS HOLMES, verify that the statements made in this Custody Complaint are true 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 unsworn falsification to authorities. Date /2, O S HOLXiETY/ IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBIN HOLMES, Plaintiff V. CHRIS D. HOLMES, Defendant No. 2000-SU-04743-02C Action in Custody Q W STIPULATED ORDER FOR CUSTODY AND NOW, this day of ?c4(-- ) c- C, 2003, this Order is being entered as a result of the parties reaching an agreement in lieu of trial. The matter is before the Court on Mother's petition seeking majority physical custody. The parties, to their credit, have reached an agreement to resolve their issues. This matter involves the custody of: Kristen N. Holmes, date of birth, December 25, 1993, currently age 9. Allison N. Holmes, date of birth, January 21, 1998, currently age 5. Ryan P. Holmes, date of birth, October 4, 1999, currently age 3. Previous court orders concerning the children were entered on October 26, 2000 and May 22, 2003. The current custody arrangement provides for the parties to share physical custody of the children equally and to share legal custody equally. Pursuant to the agreement of the parties, the Court hereby awards legal custody to both parents. Joint legal custody means the right of both parents to control and to share nsti,ie & Searle, in making C decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to a children's school, medical, dental and other important records. As soon as practical after the receipt by a party, copies of the children's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with health care providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decision involving a child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. Primary physical custody of the children, as that term is defined in the Custody Act, shall be with Mother. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have partial physical custody of the children as follows: SCHEDULE OF PARTIAL CUSTODY: A. ALTERNATE WEEKENDS. Father shall have partial custody of the children three weekends per month from 6:00 p.m. Friday until 6:00 p.m. Sunday, beginning September 2003 when the children begin attending school. Those weekends will be the first, third and fourth full weekends of each month. Recognizing that there may be months when there are five weekends to the month, the last weekend of the month ?Jl?tillt' Sparlcr ,,, - I will be spent with Mother. The first full weekend of a month shall be that weekend which begins on the :first Friday which falls on or immediately follows the first day of the month. B. ONE NIGHT PER WEEK. In addition each parent shall have the right of partial custody one evening per week during any given week when the other parent has custody from 5:00 p.m. until 8:00 p.m. The Court shall designate Wednesday as the evening, unless another evening is determined in advance by the mutual agreement of the parties. This Wednesday evening option shall continue on a year round basis. C. SUMMER DEFINED. Summer is defined by the Court as the first Sunday evening following the last day of school and to the Sunday evening which begins the full week preceding the first day of school. D. SUMMER VACATION, ALTERNATING WEEKS Beginning in the year 2004 and for the summer months of June, July and August, the parties shall share partial physical custody on an alternating week basis. For purposes of this schedule, a week is defined as beginning on Sunday evening from 6:00 p.m. through the following Sunday at the same time. Because of the Wednesday visits articulated in paragraph B, each of the parents shall be entitled to void one of the other parents Wednesday evening visits during the summer months so that they may take the children on vacation. it?tine & $F???t-Icr E. NOTICE OF SUMMER VACATION. Each of the parents shall give the other parent at least thirty (30) days written notice of the week that they intend to take the children on vacation and to eliminate that given week's scheduled Wednesday visit. F. ALTERNATE HOLIDAYS. The parties shall also alternate holidays, the said holidays being Easter Sunday, Memorial Day, Independence Day, Labor Day and Thanksgiving. Custody on these holidays shall be exercised from 9:30 a.m. until 8:00 p.m., with Father to have custody on the first holiday, that being Labor Day 2003 and Mother having Thanksgiving 2003. The parties shall alternate custody on alternate holidays thereafter. G. CHRISTMAS. During Christmas, Mother shall have the right of partial custody each Christmas season in odd numbered years from December 24`" at noon through December 25"' at noon. In odd numbered years, Father shall have the right of custody of the children from December 25`" at noon through December 26"' at noon. In even numbered years, Father shall have the right of custody with the children from December 24' at noon through December 25t" at noon. And in even numbered years, Mother shall have the right of custody with the children from December 25' at noon through December 26`" at noon. H. MOTHER'S DAY AND FATHER'S DAY. Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial custody [nstine & $parler n,, L, on Father's Day. The rights of partial custody shall be exercised from 9:30 a.m. in the morning until 6:00 p.m. in the evening. 1. HOLIDAYS A PRIORITY. The period of partial custody for holidays, vacations or other special days set forth in this order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this order. Holidays and other special days for custody set forth in this order shall take precedence over vacations. J. OTHER TIME. The parties may agree that either parent may have rights of custody at any other times that the parties by mutual agreement can agree. K. TRANSPORTATION. The transportation burden shall be shared by the parties, with the parent who is to receive custody at the time of exchange to provide for transportation from the residence of the other parent. At all times, the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to transporting the children. No person transporting the children shall be under the influence of any alcoholic beverages while transporting the children. L. LATE FOR EXCHANGE. In the vent any party is more than 20 minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent picking up the children, the other party may assume that the parent who is late has chosen not to exercise that period of custody, the period ?fiize & Sparle r A --r•- ,L- I I will be forfeited, and the other party will be free to make other plans with the children. M. EXTRACURRICULAR ACTIVITIES. Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of the child, they will make certain that the child attends any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time that the child is able to participate in those events. Neither parent, however, shall sign up a child for any activity unless the child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the child maintaining passing grades in school. Neither parent shall sign up a child for activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If a child does elect an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to I1StT11E & Still rler take a child to that activity if the custodial parent and child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to the particular activity, the parent who has custody of the child at that time shall notify the non- custodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. N. TELEPHONE CALLS. Both parties are urged to use common sense in scheduling telephone calls to talk: to the children. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to a child, or preventing a child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt a child's schedule. 0. DISPARAGING REMARKS. Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's opinion of the other party or which may hamper the free and natural development of a child's love and respect for the other parent. The parties shall not use a child to convey verbal messages to the other parent & about the custody situation or changes in the custody schedule. ?tstiue Spar1cr A- L P. FINANCIAL CARE OF CHILD. In the event that a significant matter arises with respect to the medical care, education, or financial care of the children, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. Q. MUTUAL CONSULTATION. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the children will be in for a period in excess of seventy two hours, and for each person or entity which may provide day care for a child. R. ILLNESS OF CHILDREN. Emergency decisions regarding the children shall be made by the parent hen having custody. However, in the event of any emergency or serious illness of any of the children at any time, any party then having custody of the child shall immediately communicate with he other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. ?tirre & $pnrler The term "serious illness" as used herein shall mean any disability which confines the child to be for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. S. WELFARE OF CHILDREN TO BE CONSIDERED. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are direct to listen carefiilly and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. T. SMOKE/ALCOHOL/ILLEGAL SUBSTANCES. Neither pare shall smoke in a confined area when the children are present and neither party shall permit another person to smoke in any part of a confined area when the children are present. No party shall drink alcoholic beverages or consume illegal substances when in the presence of the children, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the children. U. MODIFICATION OF ORDER. The parties are free to modify the terms of the order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows your own idea as to what you think the arrangements should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to tstine & $??nrlcr govern your relationship with the children and with each other in the event of a disagreement. IS ?JG Aristine & Sparler IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBIN HOLMES, Plaintiff V. CHRIS D. HOLMES, Defendant AND NOW to wit, this day of 2003, this stipulation by and between Robin M. Holmes, mother, and Chris D. Holmes, father, do hereby stipulate and agree that the attached order may be filed by the court to dispose of this matter. IN WITNESS WHEREOF, they have hereunto affixed their hands and seal the day and year first above written. Robin M. Holmes Chris D. Holmes 0-- - ? ii ,?t;tiitc Rr ? Synder II No.2000-SU-04743-02C Action in Custody STIPULATION Witnesses: CERTIFICATE OF SERVICE AND NOW, this 22nd day of April 2010, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified mail and First-class mail, postage prepaid addressed to the following: Robin Holmes 1715 Sherwood Road New Cumberland, PA 17070 Respectfully submitted, ABom & KuTmAKIs, L.L.P. Kara W. Haggerty, Es, Attorney ID No.: 86 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint OM ~ LILAKIS Kara W. Haggerty, Esquire Attorney LD. #: 86914 2 West High Street Cazlisle, PA 17013 (717) 249-0900 CHRIS HOLMES, Plaintiff v. ROBIN HOLMES, Defendant P`ti i _ ,~'~,~ TI {~ , . 2~1~ E~~~ 22 ~'~~ ~~ :;~~ C~&19 ;~`i'~~i'iY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2697 CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the Complaint for Custody filed in the above-referenced matter and cancel the hearing scheduled for July 28, 2010. Respectfully submitted, Aao~r & gu7vz.~r~s, L.L.P DA'Z'E V "I Z Z- I C~ ~. '~ ~~~. Kaxa W. Haggerty ' s ~ e Supreme Court I 14 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff CERTIFICATE OF SERVICE ,-- AND NOW, this 22h" ~c ay of ~ , 2010, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Praecipe to Discontinue, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, on counsel for Robin Holmes, addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, L.L.P. P. O. Box 650 Hershey, PA 17033 Aso~t & KUTULAKIS, L.L.P. DATE D ~ ZZ Kara W. Haggerty ' ` Supreme Court I 14 2 West High Street Carlisle, Pennsylvania. 17013 (717) 249-0900 Attorney for Plainti~