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HomeMy WebLinkAbout04-5081IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHILLIP J. HOLLENBACH Plaimiff LISA A. WIEST Defendant NO. CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW COMES, Phillip J. Hollenbach, Plaintiff, through his attorneys, the Law Offices of Leslie D. Jacobson, and avers the following-- 1. Phillip J. Hollenbach, Plaintiff, resides at 211 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Lisa A. Wiest, Defendant, resides at RD Box 6304 (Rt. 225) Elizabethville, Dauphin County, Pennsylvania, 17023. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE Justin W. Eichner 117 Spruce Street Sunbury, PA 17801 Justin W. Eichner, Child, was bom on 28 August 1992. Child is presemly in the custody of Plaintiff. AGE 12 Years, 2 Months During the past year, Plaintiffbelieves and therefore avers that Child has resided with the following Judy Schwartz Lisa A. Wiest Amy Kerstetter persons and at the following addresses: 601 N. 5th Street Sunbury, PA 17801 RD Box 6301 (Rt225) Elizabethville, PA 17023 117 Spruce Street Sunbury, PA 17801 4. persons: 10.03 -01.04 01.04- 08.04 08.04 -10.04 Plaintiff is the Child's Father. Plaintiff's current address is with the following NAME RELATIONSHIP Brenda Hollenbach Wife Defendant is Child's mother. Defendant currently resides at RD Box 6301 (Rt. 225) Elizabethville, Dauphin County, Pennsylvan/a, 17023, with husband, Rick Wiest. 6. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning Child's custody in this or another court. Plaintiff has no information of a custody proceeding concerning Child pending in a court of this Commonwealth. Plaintiffdoes not know ora person not a party to the proceedings who have physical custody of Child or claims to have custody or visitation rights with respect to Child. 7. The best interest and permanent welfare of Child will be served by granting the relief requested because Plaintiffis able to provide a more stable and secure living environment for Child. 8. Each parent whose parental rights to Child have not been terminated and the person who has physical custody of Child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of Child will be given notice of the pendency of this action and the right to intervene: None WHEREFORE, Plaintiffrequests this Honorable Court to grant custody of Child to him. Respectfully submitted, LAW OFFICES OF LESLIE D. JACOBSON DATED:/~. ~0'~. 0 t// By: Allen D. Moyer ' fi/ ID//81846 Attorney for Plaintiff 8150 Derry Street Harrisburg, PA 17l 11-5260 717.909.5858 717.909.7788 [fax] IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHILLIP J. HOLLENBACH Plaintiff LISA A. WIEST Defendant NO. CIVIL ACTION - LAW 1N CUSTODY VERIFICATION I, Phillip J. Hollenbach, do hereby verify that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements comained herein are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHILLIP J. HOLLENBACH Plaintiff LISA A. WIEST Defendant NO. CIVIL ACTION - LAW 1N CUSTODY CERTIFICATE OF SERVICE AND NOW, this 8th day of October, 2004, I, Allen D. Moyer, attorney with the Law Offices of Leslie D. Jacobson, attorneys for the Plaintiff, hereby certify that on this day I served the within Plaintiff's Complaint for Custody upon the person indicated below, by depositing a tree and correct copy of the same in the United States Mail, certified mail with return receipt requested and postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Lisa A. Wiest RD Box 6301 (Rt. 225) Elizabethville, PA 17023 LAW OFFICES OF LESLIE D. JACOBSON By: ~ 8150 Derry Street Harrisburg, PA 17111.5260 717.909.5858 717.909.7788 [fax] PHILL[P J. HOLLENBACH PLAINTIFF V. LISA A. WIEST DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 04-5081 CIVIL ACTION LAW : IN CUSTODY ORDER OFCOURT AND NOW, Thursday, October 14, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cotmsel appear betbre Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, ]November 09, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftbrt 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 a~e five or older ma,/also be present at the conference. 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. FORTHECOURT, By: /s/ Jacqueline M. Verney. Esq. Custody Conciliator mhc 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 TItIS PAPER TO YOUR ATTORNEY' AT ONCE. IF YOU DO NOT HAVE AN ATI'ORNEY OR CANNOT AFFORD ONE, GO TO OR TEI.EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Peunsylvania 17013 Telephone (717) 249-3166 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI'A PHILLTP J. HOLLENBACH : Plaintiff : NO.: 2004-5081 : V, : : CIVIL ACTION LAW LISA A, WIEST : Defendant : IN CUSTODY SI~PULA'r~ON 1. It is the intention of the parties and the parties agree that they will have shared legal custody of the subject minor child, Justin W. Eichner, born August 28, 1991. The parties agree that major decisions concerning their child, including, but not necessary 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 interest. Each party agrees not to impair the other party's right to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance 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 immediate decisions necessitated thereby. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S.A. 5309. 2. Phillip .1. Hollenbach shall have primary physical custody of the subject minor child. 3. Lisa A. Wiest shall be entitled to partial periods of IDhysical custody, pursuant to the following schedule: a. Mother shall be entitled to alternating weekends from Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m. b. The parties shall alternate physical custody of the Child each year on New Years, Easter, Memorial Day, July 4t~, and Labor Day. In the even numbered years the Mother shall have New Years, rVlemorial Day and Labor [)ay, and the Father shall have Easter, and July 4th. ]'n odd numbered years, the Mother shall have custody of the Child on Easter, and July 4~ and the Father shall have New Years, Memorial Day and Labor Day. The periods of custody under this provision shall run from 6:00 p.m. on the day before the holiday through the holiday at 6:00 p.m., with the exception of July 4th which shall run until after the fireworks. c. The parties shall alternate Thanksgiving such that in odd numbered years, Mother shall be entitled to Thanksgiving and in the even numbered years, Father shall be entitled to Thanksgiving. Thanksgiving shall be from the Wednesday before Thanksgiving at 6:00 p.m. until the Sunday after Thanksgiving at 6:00 p.m. It is furthered agreed that the parties shall negotiate whatew~r steps are necessary so that neither party has three consecutive weekends. d. The parties shall alternate the Christmas holiday. Christmas shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon. through OCT 2 6 2004 PHILLIP J. HOLLENBACH, Plaintiff V. LISA A. WIEST, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-5081 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 26th day of October, 2004, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FORTHECOURT, ~c~line M. Vemey, Esquire, C~tody Conciliator 2 8 ;7004 IN THE COURT OF COMHON PLEAS CUMBERLAND COUN'TY~, PENNSYLVANIA PHILLIP J. HOLLENBACH : Plaintiff : NO.: 2004-5081 V. : : CIVIL ACTION LAW LISA A, WIEST : Defendant : IN CUSTODY ORDER 1. It is the intention of the parties and the parties ;agree that they will have shared legal custody of the subject minor child, Justin W. Eichner, born August 28, 1991. The parties agree that major decisions concerning their child, including, but not necessary 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 interest. Each party agrees not to impair the other party's right to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance 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 immediate decisions necessitated thereby. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S.A. 5309. 2. Phillip .1. Hollenbach shall have primary physical custody of the subject minor child. 3. Lisa A. Wiest shall be entitled to partial periods of physical custody, pursuant to the following schedule: a. Mother shall be entitled to alternating weekends from Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m. b. The parties shall alternate physical custody of the Child each year on New Years, Easter, Memorial Day, .1uly 4th, and Labor Day. ]:n the even numbered years the Mother shall have New Years, Memorial Day and Labor Day, and the Father shall have Easter, and .1uly 4th. l~n odd numbered years, the Mother shall have custody of the Child on Easter, and .1uly 4th and the Father shall have New Years, Memorial Day and Labor Day. The periods of custody under this provision shall run from 6:00 p.m. on the day before the holiday through the holiday at 6:00 p.m., with the exception of .1uly 4th which shall run until after the fireworks. c. The parties shall alternate Thanksgiving such that in odd numbered years, Mother shall be entitled to Thanksgiving and in the even numbered years, Father shall be entitled to Thanksgiving. Thanksgiving shall be from the Wednesday before Thanksgiving at 6:00 p.m. until the Sunday after Thanksgiving at 6:00 p.m. :It is furthered agreed that the parties shall negotiate whatever steps are necessary so that neither party has three consecutive weekends. d. The parties shall alternate the Christmas holiday. Christmas shall be divided into Segment A, which shall run from Christmas Eve at ~.2:00 noon. through December 26th at 12:00 noon, and Segment B, which shall run from December 26u~ at noon through December 28th at noon. Tn the even numbered years the Mother shall have custody of the Child during Segment A and the Father shall have custody of the Child during Segment B. :In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. e. The Mother shall have one (1) week each month of the summer school break. The Mother shall provide at least thirty (30) days advance notice, so that appropriate scheduling can be done. F. The Mother shall have the Child every year on Mother's Day and the Father shall have the Child every year on Father's Day from 10:00 a.m. until 6:00 p.m. 4. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. ]~n the event either party is unable to exercise their normally scheduled period of custody or partial custody, then the parties shall take reasonable steps to negotiate make-up periods. However, it is understood that this schedule is to be adhered to, except in extreme circumstances. 6. The Mother is to provide all transportation during her periods of partial custody to and from the Father's residence. The non-custodial parent shall be entitled to have reasonable telephone access to the Child 8. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances. They shall not consume .alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. 9. Both parties shall provide the other with a minimum of thirty (30) days written notice prior to any change of address. 10. ]:t is understood that the foregoing schedule is temporary in nature, to the extent that it is on a trial basis. Each of the parties shall make a good faith attempt to make this schedule work, and implement it in a manner that reflects the ;best interest of the subject minor child. However, each of the parties does reserve the right to re-examine the schedule from time to time, and if necessary, it is understood that either party reserves the~ht to take this matter to Court. -'~J'- ~0 :II~V I- AON~OZ IN THE COURT OF COMMON PLEAS CUMBERLAND C~)UNTY, PENNSYLVANIA PHTLLIP .1. HOLLENBACH : Plaintiff : NO.: 2004-5081 : V, : CIVIL ACTION LAW LISA A. WIEST : Defendant : IN CUSTOr.~Y s'rzPULA'rZON 1. It is the intention of the parties and the parties agree that they will have shared legal custody of the subject minor child, Justin W. Eichner, born August 28, 1991. The parties agree that major decisions concerning their child, including, but not necessary 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 interest. other party's right to shared legal custody of the child. alienate the affections of the child from the other party. Each party agrees not to impair the Each party agrees not to attempt to Each party shall notify the other of any activity or circumstance 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 emerge, ncy shall be permitted to make immediate decisions necessitated thereby. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S.A. 5309. 2. Phillip .1. Hollenbach shall have primary physical custody of the subject minor child. 3. Lisa A. Wiest shall be entitled to partial periods of physical custody, pursuant to the following schedule: a. Mother shall be entitled to alternating weekends from Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m. b. The parties shall alternate physical custody of the Child each year on New Years, Easter, Memorial Day, July 4~", and Labor Day. In the even numbered years the Mother shall have New Years, Memorial Day and Labor Day, and the Father shall have Easter, and July 4TM. In odd numbered years, the Mother shall have custody of the Child on Easter, and July 4TM and the Father shall have New Years, Memorial Day and Labor Day. The periods of custody under this provision shall run from 6:00 p.m. on the day before the holiday through the holiday at 6:00 p.m., with the exception of July 4th which shall run until after the fireworks. c. The parties shall alternate Thanksgiving such that in odd numbered years, Rother shall be entiUed to Thanksgiving and in the even numbered years, Father shall be entitled to Thanksgiving. Thanksgiving shall be from the Wednesday before Thanksgiving at 6:00 p.m. until the Sunday after Thanksgiving at 6:00 p.m. l~t is furthered agreed that the parties shall negotiate whatever steps are necessary so that neither party has three consecutive weekends. d. The parties shall alternate the Christmas holiday. Christmas shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon. through December 26th at 12:00 noon, and Segment B, which shall run from December 26th at noon through December 28TM at noon. In the even numbered years the Mother shall have custody of the Child during Segment A and the Father shall have custody of the Child during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. e. The Mother shall have one (1) week each month of the summer school break. The Mother shall provide at least thirty (30) days advance notice, so that appropriate scheduling can be done. F. The Mother shall have the Child every year on Mother's Day and the Father shall have the Child every year on Father's Day from 10:00 a.m. until 6:00 p.m. 4. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. In the event either party is unable to exercise their normally scheduled period of custody or partial custody, then the parties shall take reasonable steps to negotiate make-up periods. However, it is understood that this schedule is to be adhered to, except in extreme circumstances. 6. The Mother is to provide all transportation during her periods of partial custody to and from the Father's residence. The non-custodial parent shall be entitled to have reasonable telephone access to the Child 8. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances. They shall not consume alcoholic beverages to the point of intoxication. The' parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. 9. Both parties shall provide the other with a minimum of thirty (30) days written notice prior to any change of address. 10. It is understood that the foregoing schedule is temporary in nature, to the extent that it is on a trial basis. Each of the parties shall make a good faith attempt to make this schedule work, and implement it in a manner that reflects the best interest of the subject minor child. However, each of the parties does reserve the right to re-examine the schedule from time to time, and if necessary, it is understood that either party reserves the right to take this matter to Court. Phillip .1. Hollenbach Phiili P .1~- H ~[.,erf~a ~ / / Li(p 'A. Wi si