HomeMy WebLinkAbout05-3336AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION-LAW
JAY B. HOLLAND, NO. ?s -733(o CIVIL TERM
Defendant IN CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Amy J. Holland, an adult individual currently residing at 34 Trine Avenue,
Mt. Holly Springs, Cumberland County, Pennsylvania.
2. Defendant is Jay B. Holland, an adult individual currently residing at 313 Zion Road,
Mt. Holly Springs, Cumberland County, Pennsylvania.
3, The parties are the natural parents of three children, namely, Eric Charles Holland,
born March 29, 1993, Aaron Bradley Holland, born February 23, 1995, and Kyle
Alexander Holland, born January 16, 1997.
The children were not born out of wedlock.
4. For the past five (5) years, the children have resided with the following persons at the
following addresses for the following approximate periods of time:
NAME
ADDRESS
DATES
Amy J. Holland
34 Trine Avenue
Mt. Holly Springs, PA
February 2005 to
Present
Amy J. Holland 542A Criswell Drive February 2004 to
Boiling Springs, PA December 2004
Amy J. Hollland January 2004 to
Bristol, CT September 2003
Amy J. Holland Ivy Drive May 2003 to
Leslie Lowrey (sister) Bristol, CT September 2003
Jim Lowrey (husband)
Jay B. Holland 313 Zion Road 2000 to
Amy J. Holland Mt. Holly Springs, PA May 2003
5
6.
7
8.
The natural mother of the children is Amy J. Holland who resides as aforesaid.
She is married to Jay B. Holland.
The natural father of the children is Jay B. Holland who resides as aforesaid. He
is married to Amy J. Holland.
The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff
currently resides with the children at issue.
The relationship of the Defendant to the children is that of natural father. Defendant
currently resides alone.
Plaintiff has not participated as a party or witness, or in any other capacity in other
litigation, concerning custody of the children.
Plaintiff has no information of any custody proceedings concerning the children
pending in any Court of this Commonwealth, other than the Petition for Special
Relief that Plaintiff has filed contemporaneously with this Complaint for Custody.
9. Plaintiff does not know any person not a party to this proceeding who claims to have
custody or visitation rights with respect to the children.
AMY J. HOLLAND IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAY B. HOLLAND
DEFENDANT
05-3336 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, June 30, 2005 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor Cumberland County Courthouse, Carlisle on Thursday, July 21, 2005 at 9:30 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 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/ Hubert X. Gilroy, .8sq_ i I
Custody Conciliator K
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
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10. It is in the best interest and permanent welfare of the children to provide Plaintiff with
primary physical because:
a.) The Plaintiff (hereinafter referred to as "Mother") can better provide for the
children's physical, emotional and financial care.
K) The Defendant (hereinafter referred to as "Father") is violent and abusive and has
physically, verbally and emotionally abused Mother and the children.
c.) Father is not stable at the present time,
d.) Father does not properly care for or control the children.
e.) For a variety of other reasons that will be set forth at trial.
WHEREFORE, Plaintiff requests your Honorable Court to schedule a time for a Custody
Conciliation Conference at which time primary custody and sole legal custody should be granted
to Plaintiff.
Respectfully submitted,
r
Maryl as, Esquire
Attorney f laintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE: c
AMY J. O AND, Plaintiff
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AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. j33 fo CIVIL TERM
JAY B. HOLLAND,
Defendant : IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, comes Petitioner, Amy J. Holland, by and through his counsel of record,
Marylou Matas, Esquire, and petitions the Court as follows:
1. Your Petitioner (hereinafter referred to as "Mother") is the above-named Plaintiff,
Amy J. Holland, an adult individual currently residing at 34 Trine Avenue, Mt. Holly
Springs, Cumberland County, Pennsylvania.
2. Your Respondent (hereinafter referred to as "Father") is the above-named Defendant,
Jay B. Holland, an adult individual currently residing at 313 Zion Road, Mt. Holly
Springs, Cumberland County, Pennsylvania.
3. The parties are the natural parents of three children, namely, Eric Charles Holland,
born March 29, 1993, Aaron Bradley Holland, born February 23, 1995, and Kyle
Alexander Holland, born January 16, 1997.
4. Contemporaneously with the filing of this Petition, Petitioner has filed a Complaint
for Custody to secure physical custody of the named children.
5. The parties and their children have resided in Cumberland County continuously since
January 2004, thus providing this Court with jurisdiction of this matter.
6. The parties currently are married but separated on May 13, 2003, when Mother fled
the former marital residence following another abusive incident where she was the
victim of physical abuse inflicted on her by Father.
7. At that time, Mother moved to a local women's shelter where she stayed for
approximately two weeks before removing herself and the children to Connecticut
where she and the children lived until January 2004.
8. During their residence in Connecticut, Father maintained telephone contact with the
children, although he did not file any documents to request that Mother return the
children to Pennsylvania.
9. When Mother and the children returned to Pennsylvania in January 2004, they did not
return to the former marital residence to be with Father, but rather, established their
own separate residence.
10. After Mother and the children returned to this area, Mother and Father worked out
various custody arrangements between themselves, eventually agreeing to share
custody on an alternating weekly schedule in approximately June 2004.
11. The older child stopped visiting his Father's home in approximately February 2005
after Father physically abused him, leaving bruises and red marks all over the child's
upper body.
12. After than incident, Father told Mother to get the child out of his home and
repeatedly has indicated that he wants nothing more to do with that child.
13. Father has demonstrated many violent behaviors in the past and has been
reprimanded on various occasions for his violent outbursts.
14. Father has been fired from several different jobs for various incidents relating to
violence; one example of this is Father's firing from Rimer Steel Company, after he
threw a hammer across the room at someone.
15. Father was reprimanded recently in his position as a coach from South Middleton
Baseball for gross misconduct for a serious incident on the baseball field during
which time he displayed violent behavior and used exceptionally foul language.
16. As a result of that incident, Father is banned from the baseball league, from the field,
from coaching, and is not permitted to attend any of his own children's baseball
games.
17. On or about Friday, June 10, 2005, following the incident at the baseball field and
during Father's regularly scheduled weekly period of custody with the two younger
children, Father dropped the two younger children off at the baseball field by
themselves without notice to Mother and indicated that Mother needed to keep the
children because he was feeling too stressed.
18. On or about Saturday, June 11, 2005, Father indicated to Mother, "I'm so mad right
now that the next person I see, I'll kill."
19. Mother learned later that day that Father's girlfriend moved herself and her children
out of Father's home over concern about his behavior and violent temper.
18. The children remained in Mother's custody without incident until Wednesday, June
22, 2005.
20. On that date, Father called Mother's home and spoke with the younger children
telling them that he was moving to California on July 4, 2005.
21. On or about Thursday, June 23, 2005, Father called Mother's home and requested
time to visit with the children before he left for California.
22. Due to Father's erratic and unstable behavior in the weeks prior, Mother did not
respond immediately with a set schedule but indicated to Father that she would
consider an appropriate visitation arrangement.
23. On Saturday, June 25, Father telephoned Mother's home repeatedly before apparently
contacting the Mount Holly Local Police to request assistance.
24. On that date, a Mount Holly police officer appeared at Mother's home to indicate that
Father had contacted the police for assistance in gaining access to his children;
Mother explained the entire situation to the officer, and after several other discussions
with him, there was no further involvement with that officer.
25. Mother contacted Father during the evening hours on Saturday, June 25 to make
arrangements for Father to visit with the children for various afternoon time periods
with appropriate supervision prior to his move on July 4, 2005.
26. During that telephone conversation, Father confronted Mother and said, "You do not
want to go down this road with me. You will be destroyed."
27. On Sunday, June 26, 2005, Mother learned that Father contacted various third parties
and made allegations that his ex-girlfriend and Mother, herself, were unfit parents
and were involved in a gay relationship together.
28. Despite Father's behavior and slanderous allegations, Mother eventually agreed to
meet Father on Sunday afternoon to allow him to spend some time with the children,
provided that he would be supervised by Mother's oldest daughter and her boyfriend.
29. During that Sunday afternoon visit, Father took the children and told Mother he
would bring the children back on Wednesday, June 29, 2005.
30. On Monday, June 27, 2005, while he had custody of the two younger children, Father
telephoned Mother at work and demanded that she sign a document transferring
custody of the two younger children to Father.
31. On Wednesday, June 29, 2005, Mother contacted Father to determine what time the
children would be returned to her, at which time Father stated he was not returning
the children to her care.
32. Mother is exceptionally fearful that Father will not return custody of the children to
her and that he will remove the children from this jurisdiction.
33. Father does have some family in the California area but Mother does not know what
Father's exact plans may be regarding where he may stay with the children.
34. Father is not currently employed but is receiving workman's compensation which is
due to expire on July 11, 2005.
35. Mother does not believe that Father has any other job established in this area.
36. Mother and Father are the joint owners of the residence located at 313 Zion Road,
Mt. Holly Springs, Cumberland County, Pennsylvania.
37. When Mother asked Father what he intended to do with that residence if he did leave
the area, Father simply explained that it was none of her business.
38. Contemporaneously with the filing of these proceedings, Mother is filing a Complaint
for Custody and a Complaint in Divorce.
39. Mother objects to Father removing the children from this jurisdiction.
40. Given Father's violent tendencies and history of verbal and physical abuse of Mother
and the children, Mother does not believe that Father is able to properly care for the
children at this time.
41. Mother is concerned that without an Order preventing Father from removing the
children from this jurisdiction, Father will take them out of state and restrict Mother's
contact with them.
42. Mother is ready, willing, and able to provide the necessary care for the children.
43. Mother believes that to allow Father to remove the children from their stable
environment would be harmful to the children on an emotional, psychological, and
physical standpoint and would create delay in addressing the custodial needs of the
children by removing them to a foreign jurisdiction.
WHEREFORE, Mother requests your Honorable Court to enter a Rule to Show Cause as
to why primary physical custody of the children should not be placed with Mother pending a
hearing in this matter and, further, to enjoin the parties from removing the children from this
jurisdiction pending a hearing in this matter.
Respectfully submitted,
YZ /o;
Date Marylou atas, Esquire
Attorney fb Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE: j mw ? • gt (d
AMY J. I L AND, Plaintiff
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RECEIVED JUN 3 0 2005
AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
JAY B. HOLLAND, NO. D S :3 3 3 rW CIVIL TERM
Defendant IN CUSTODY
ORDER OF COURT
AND RULE TO SHOW CAUSE
AND NOW, this 3641 day of 2005, upon presentation and
consideration of the within Petition, a Rule is hereby issued upon Respondent, Jay B. Holland, to
show cause, if any he has, as to why an Emergency Order should not be entered to provide
Petitioner with primary physical custody of the parties' children, Eric Charles Holland, born
March 29, 1993, Aaron Bradley Holland, born February 23, 1995, and Kyle Alexander Holland,
born January 16, 1997. Pendhig
Neither party is permitted to remove the children from this jurisdiction pending further
Order of Court.
An answer to the within Rule shall be filed within twenty (20) days of service. If an
answer is filed a hearing will be set at that time.
B e Court,
J.
Cc: Marylou Matas, Esquire
Attorney for Petitioner Jay B. Holland, Defendant, prose (13a
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AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
Defendant
CIVIL ACTION - LAW
JAY B. HOLLAND,
NO. 05-3336 CIVIL TERM
IN CUSTODY
CUSTODY STIPULATION & AGREEMENT
THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set
forth, by and between AMY J. HOLLAND, (hereinafter referred to as "Mother") and JAY B.
HOLLAND, (hereinafter referred to as "Father").
WHEREAS, the parties are the natural parents of three children, namely Eric Charles
Holland born March 29, 1993, Aaron Bradley Holland, born February 23, 1995, and Kyle
Alexander Holland, born January 16, 1997 (hereinafter referred to as "Children"); and
WHEREAS, the parties live separate and apart, and wish to enter into an temporary
stipulation and agreement relative to physical and legal custody of their Children, to continue
until the conciliation conference to be scheduled pursuant to Mother's Complaint for Custody;
NOW THEREFORE, in consideration of mutual covenants, promises and agreements as
hereinafter set forth, the parties stipulate and agree as follows:
1. Mother and Father shall have shared legal custody of the children.
2. Mother shall have primary physical or residential custody of the children from July 3,
2005 at noon through August 4, 2005 at noon.
3. Mother shall have primary physical or residential custody of the child, Eric, after
August 4, 2005 pending further Order of Court or agreement of the parties.
4. After August 4, 2005, the parties shall share physical custody of the children, Aaron
and Kyle, as follows:
a.) Father shall exercise custody of the children from August 4, 2005, at 12:00
p.m., until August 18, 2005, at 12:00 p.m.;
b.) Mother shall exercise custody of the children from August 18, 2005, at 12:00
p.m. through August 23, 2005, at 12:00 p.m..;
c.) The parties shall alternate physical custody of the two children at issue
following August 23, 2005 on a weekly basis, with custody exchanges
occurring on Tuesdays.
5. Mother has requested that the Court schedule a custody conciliation conference to
be held after August 4, 2005 to reevaluate these provisions.
6. This Order shall remain in effect pending an outcome of the conciliation
conference or further Order of Court.
7. The parties shall keep each other advised in the event of serious illness or medical
emergency concerning the children and shall further take any necessary steps to
ensure that the health and well-being of the children is protected. During such
illness or medical emergency, both parties shall have the right to visit the children
as often as he or she desires consistent with the proper medical care of the
children.
8. Neither parent shall do anything which may estrange the children from the other
party, injure the opinion of the children as to the other party, or which may
hamper the free and natural development of the children's love and affection for
the other party.
07/01/2005 04:37PM FA%COM
Griffie & Rssoafates 717P435OG3
Jul 01 OS 03:26p
9. Any modification or waiver of any of the provisions of this Agreement on a
pormatlent basis sh. I be effective only if made in writing, and only if executed
with the same formality as this Stipulation and Agreement..
i o. The parties desire that this Stipulation and Agreement be made an Order of Court
of the Coun of Common Pleas of Cumberland awnty, and further acknowledge
that the Court of Common Pleas of Cumberland County does, in linx, have
jurisdiction over the issue of custody of the parties' minor children,
11. The parties stipulate that in making this Agreement, then: has been no fraud,
concealment, overreaching, coercion, or other unfair dealing on the part or the
other party.
12, The parties acknowledge that they have read and understand the provisions of this
Agreement. Each party acknowledges that the Agreement is lair and equirahlc
and that it is not the result of any duress or undue influence.
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IN WML,,SS WlAp.RIiC)F,'1he parties hcrcur intending to he legally bound by the terms
hereof, set forth their hands and seals the day and year hereinafter mentioned.
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RECEIVED JUL 14 2005316
AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
JAY B. HOLLAND, NO. 05-3336 CIVIL TERM
Defendant IN CUSTODY
ORDER OF COURT
AND NOW this j day of ,, 2005, the attached Custody
61 k/
Stipulation and Agreement is hereby made an Order of Court.
J.
cc: >Tarylou Matas, Esquire
Attorney for Plaintiff
,,$'cott A. Stein, Esquire
Attorney for Defendant
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AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
JAY B. HOLLAND, NO. 05-3336 CIVIL TERM
Defendant : IN CUSTODY
ACCEPTANCE OF SERVICE
I, Scott A. Stein, Esquire acknowledge that on or about ul ? ,
received a copy of Plaintiff's Complaint for Custody directed to Defendant, in the above
captioned action and acknowledge that I am authorized to do so on behalf of Jay B. Holland.
Date: 7A - C? j
ScoKA. Stein, Esquire
2800 Market Street
Camp Hill, PA 17011
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AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
JAY B. HOLLAND, : NO. 05-3336 CIVIL TERM
Defendant : IN CUSTODY
ACCEPTANCE OF SERVICE
I, Scott A. Stein, Esquire acknowledge that on or about )-ot ',
received a copy of Plaintiff's Petition for Special Relief directed to Defendant, in the above
captioned action and acknowledge that I am authorized to do so on behalf of Jay B. Holland.
Date: 7 - - Ca
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coti A. Stein, Esquire
2800 Market Street
Camp Hill, PA 17011
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XRREPEIVED SEP 20 2005
AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 05-3336 CIVIL ACTION - LAW
JAY B. HOLLAND, IN CUSTODY
Defendant
ORDER OF COURT
/G V'AND NOW, this day of September, 2005, the Conciliator, being advised
that the parties have reached an agreement, the Conciliator relinquishes jurisdiction.
Hubert X. Gilr, Esquire
Custody Con ' iator
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AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - ILAW
JAY B. HOLLAND, : NO. 2005-3336 CIVIL TERM
Defendant : IN CUSTODY
CUSTODY STIPULATION & AGREEMENT
THIS STIPULATION AND AGREEMENT entered into the day and year
hereinafter set forth, by and between AMY J. HOLLAND, (hereinafter referred to as
"Mother") and JAMB. HOLLAND, (hereinafter referred to as "Father").
WHEREAS, the parties are the natural parents of three children, namely Eric
Charles Holland, born March 29, 1993, Aaron Bradley Holland, born February 23,
1995, and Kyle Alexander Holland, born January 16, 1997, (hereinafter referred to as
"Children"); and
WHEREAS, the parties live separate and apart, and wish to enter into a
comprehensive stipulation and agreement relative to physical and legal custody of
their Children;
NOW THEREFORE, in cons ideratio i of illutuai covenants, proirises and
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS•AT•LAW
26 W. High Street
Carlisle, PA
agreements as hereinafter set forth, the parties stipulate and agree as follows:
1. Mother and Father shall exercise shared legal custody of the children.
2. Mother shall exercise primary physical custody of the children.
3. Father shall have contact with the minor child, Eric, as such contact is
initiated by the child. In that event, Mother shall not prevent the child from contacting
Father and will cooperate in establishing some periods of contact as the parties may
agree.
4. Father shall have periods of partial custody with the minor children,
Aaron and Kyle, as follows:
a. On alternating weekends from Friday after school to Sunday at
8:00 p.m., provided he is in compliance with continued therapy as stated
herein. Father's first alternating weekend period of time shall be from Friday,
September 2, 2005 through Sunday, September 4, 2005 and shall continue on
an altercating basis;
b. On the alternating Monday afternoon preceding his weekend
period of custody from after school until 8:00 p.m., provided he is in
compliance with continued therapy as stated herein. Father's first Monday
afternoon period of time shall be on Monday, September 12, 2005, and shall
continue on an alternating basis.
C. Father shall provide all transportation for his periods of custody.
5. Father shall participate in anger management counseling with a
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
certified therapist. Father shall sign a release so that Mother or Mother's counsel can
confirm with the therapist that Father is participating in this therapy on an ongoing
basis. i his therapy shall begin -to later than December 1, 2005. Father shall provide
written confirmation to Mother or her legal counsel to prove that therapy has begun
by that time, with a copy of the release he has signed to allow Mother or her legal
counsel to contact the therapist. In the event Father does not provide confirmation of
his therapy having begun by December 1, 2005 or continuing until a successful
discharge, his periods of custody shall be immediately suspended. Father's periods
of custody shall be reinstated upon proof of counseling.
6. Upon Father's successful discharge from anger management
counseling, with a recommendation by that therapist that Father's behavior and
temperament are no longer an issue with regard to his contact with the children, the
parties will revisit the custody arrangement to discuss whether increased periods of
custody with Father are appropriate.
7. The parties shall alternate the holidays of Easter, Thanksgiving and
Christmas, so that in 2005 end all odd-numbered years, Father shall exercise
custody of the minor children, Aaron and Kyle, on Thanksgiving and Mother shall
exercise custody of the minor children on Easter and Christmas. In 2006 and all
even numbered years, Mother shall exercise custody of the minor children on
Thanksgiving and Father shall exercise custody of the minor children on Easter and
Christmas. The time periods for these holidays shall be from 10:00 a.m. to 8:00 p.m.
8. The parties shall keep each other advised in the event of serious illness
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS•AT•LAW
26 W. High street
Carlisle, PA
or medical emergency concerning the children and shall further take any necessary
steps to ensure that the health and well-being of the children is protected. During
such illness or medical emergency, both parties shall have the right to visit the
children as often as he or she desires consistent with the propar medical care of the
children.
9. Neither parent shall do anything which may estrange the children
from the other party, injure the opinion of the children as to the other party, or
which may hamper the free and natural development of the children's love and
affection for the other party.
10. Any modification or waiver of any of the provisions of this
Agreement on a permanent basis shall be effective only if made in writing, and
only if executed with the same formality as this Stipulation and Agreement.
11. The parties desire that this Stipulation and Agreement be made an
Order of Court of the Court of Common Pleas of Cumberland County, and further
acknowledge that the Court of Common Pleas of Cumberland County does, in
fact, have jurisdiction over the issue of custody of the parties' minor children.
12. The parties stipulate that in making this Agreement, there has been
no fraud, concealment, overreaching, coercion, or other unfair dealing on the part
of the other party.
13. The parties acknowledge that they have read and understand the
provisions of this Agreement. Each party acknowledges that the Agreement is fair
and equitable and that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, The parties hereto intending to be legally bound by
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
the terms hereof, set forth their hands and seals the day and year hereinafter
mentioned.
WITNESSETH:
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L at AMY U. OLLAND
ate J Y . HOLLAND
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF Cctm?3c11(?
On this 6 day of -lHNUQx?/ , 200, before me, the
undersigned officer, personally appeared AMY J. HOLLAND known to me (or
satisfactory proven) to be the person whose name is subscribed to the within
Agreement and acknowledged that she executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
SAIDIS
SHUFF, FLOWER
R, vimngAV
26 W. High Street
Carlisle, PA
NOTARIAL SEAL
KANDI L. LENKER, NOTARY PUBLIC Notarybl Ic
CARLISLE BORO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES MARCH 10, 2009
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF t U( M4-6`-"?
r-t
On this ?-Q day of
, 2005, before me, the
undersigned officer, personally appeared JAY B. HOLLAND, known to me (or
satisfactory proven) to be the person whose name is subscribed to the within
Agreement and acknowledged that he executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMNIONW et'?{ OF PENN ?
NC?r/1RW. BEAt.
DAB A N Ck Noavy P1ubIIP
a0"D °? ee1DY No ublic
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OCT 0 5 2003
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I MAY 2 2 2006
AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
JAY B. HOLLAND, : NO. 2005-3336 CIVIL TERM
Defendant : IN CUSTODY
ORDER OF COURT
'i1
AND NOW this J` dal: of 2005. the attached Custody
Stipulation and Agreement is hereby made an Order of Court.
BY THE COURT:
h
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
cc: arylou Matas, Esquire
Attorney for Plaintiff
Cott A. Stein, Esquire
Attorney for Defendant
5
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118 ?? Qc A VN 9QOl
2HI 20
AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
JAY B. HOLLAND, : NO. 2005-3336 CIVIL TERM
Respondent : IN CUSTODY
PETITION TO SUSPEND CUSTODY
AND NOW, comes the Petitioner, Amy J. Holland, by and through her attorneys,
O'BRIEN, BARIC & SCHERER, and files the within Petition to Suspend Custody and, in
support thereof, sets forth the following:
1. Petitioner is Amy J. Holland (hereinafter, "Mother"), an adult individual residing
at 701 Highland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania 17065.
2. Respondent is Jay B. Holland (hereinafter, "Father"), an adult individual with
counsel of record, Scott Stein, Esquire, located at 840 E. Chocolate Ave., Hershey, Dauphin
County, Pennsylvania.
3. On or about January 11, 2006, Mother and Father (collectively, "the Parties")
entered into and recorded a Custody Stipulation and Agreement (hereinafter, "the Agreement")
4. On or about May 26, 2006, the Honorable M. L. Ebert, Jr. made the Agreement an
Order of Court. The Agreement and Order are attached hereto and made a part hereof and
marked as Exhibit "A". It is believed and therefore averred that the proper date for the Order
should have been 2006, as evidenced by the 2006 mailing date, 2006 received date, and 2006
signature date of Plaintiff.
5. The Agreement provides that Mother shall have primary physical custody of the
Parties' children, Eric C. Holland, born March 29, 1993, Aaron B. Holland, born February 23,
1995, and Kyle A. Holland, born January 16, 1997 (collectively, "the Children").
6. The Agreement further provides that Father shall participate in anger management
counseling with a certified therapist and that in the event Father fails to participate in the
counseling, his periods of custody shall be immediately suspended.
7. The Agreement allows Father to reinstate his periods of custody upon proof of
counseling.
8. Since the date of the Order, Father has failed to provide Mother or Mother's
counsel with any evidence the Father has participated in anger management counseling.
9. To the best of Mother's knowledge, information and belief, Father has not
participated in any anger management counseling sessions.
WHEREFORE, Petitioner respectfully requests that this Honorable Court suspend
Father's custody privileges because Father has failed to abide by the Court's Order.
Respectfully submitted,
O'BRIEN,BARIC &
Robert J.
I.D. No. 2
19 W. South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Petitioner
VERIFICATION
I, Amy J. Holland, verify that the statements made in the foregoing Petition to Suspend
Custody 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
unworn falsifications to authorities.
Jioe#gu?; -
y J. Holland
Petitioner
Date: 6%g day of March 2008
CERTIFICATE OF SERVICE
I hereby certify that on April 3, 2008, I, Robert J. Dailey, Esquire, of O'BRIEN, BARIC
& SCHERER, did serve the Petition to Suspend Custody by first class U.S. mail, postage
prepaid, to the parry's attorney listed below, as follows:
Scott A. Stein, Esquire
840 E. Chocolate Ave.
Hershey, PA 17033
Attorney for Respondent
Robert J. Da
Attorney for
MAY 2 2 2006
AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
JAY B. HOLLAND, : NO. 2005-3336 CIVIL TERM
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW this 14 day of (? ay ; 2005, the attached Custody
Stipulation and Agreement is hereby made an Order of Court.
BY THE COURT:
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATi AVIAW
26 W. High Street
Carlisle. PA
cc: L, "aou Matas, Esquire
Attomey for Piaintifif
./??tt A. Stein, Esquire
Attomey for Defendant
A
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AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JAY B. HOLLAND, NO. 2005-3336 CIVIL TERM
Defendant IN CUSTODY
CUSTODY STIPULATION & AGREEMENT
THIS STIPULATION AND AGREEMENT entered into the day and year
hereinafter set forth, by and between AMY J. HOLLAND, (hereinafter referred to as
"Mother") and JAY B. HOLLAND, (hereinafter referred to as "Father').
WHEREAS, the parties are the natural parents of three children, namely Eric
Charfes Holland, born March 29, 1993, Aaron Bradley Holland, born February 23,
1995, and Kyle Alexander Holland, born January 16, 1997, (hereinafter referred to as
"Children"); and
WHEREAS, the parties live separate and apart, and wish to enter into a
comprehensive stipulation and agreement relative to physical and legal custody of
their Children;
NOW THEREFORE, in consideration. of mutual covenants, promises and
SAIDIS
SNUFF, FLOWER
& LINDSAY
Air tom' ?Aruw
26 W. High Street
Carlisle, PA
agreements as hereinafter set forth, the parties stipulate and agree as follows:
1. Mother and Father shall exercise shared legal custody of the children.
2. Mother shall exercise primary physical custody of the children.
3. Father shall have contact with the minor child, Eric, as such contact is
initiated by the child. In that event, Mother shall not prevent the child from contacting
Father and will cooperate in establishing some periods of contact as the parties may
agree.
4. Father shall have periods of partial custody with the minor children,
Aaron and Kyle, as follows:
a. On alternating weekends from Friday after school to Sunday at
8:00 p.m., provided he is in compliance with continued therapy as stated
herein. Father's first alternating weekend period of time shall be from Friday,
September 2, 2005 through Sunday, September 4, 2005 and shall continue on
an alterating basis;
b. On the alternating Monday afternoon preceding his weekend
period of custody from after school until 8:00 p.m., provided he is in
compliance with continued therapy as stated herein. Father's first Monday
afternoon period of time shall be on Monday, September 12, 2005, and shall
continue on an alternating basis.
C. Father shall provide all transportation for his periods of custody.
5. Father shall participate in anger management counseling with a
SAIDIS
SNUFF, FLOWER
& LINDSAY
ArrORNEWA -iAW
26 W. High Street
Carlisle, PA
certified therapist. Father shall sign a release so that Mother or Mother's counsel can
confirm with the therapist that Father is participating in this therapy on an ongoing
basis. This therapy shun begin no later than December 1, 2005. Father shall provide
written confirmation to Mother or her legal counsel to prove that therapy has begun
by that time, with a copy of the release he has signed to allow Mother or her legal
counsel to contact the therapist. In the event Father does not provide confirmation of
his therapy having begun by December 1, 2005 or continuing until a successful
discharge, his periods of custody shall be immediately suspended. Father's periods
of custody shall be reinstated upon proof of counseling.
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6. Upon Father's successful discharge from anger management
counseling, with a recommendation by that therapist that Father's behavior and
temperament are no longer an issue with regard to his contact with the children, the
parties will revisit the custody arrangement to discuss whether increased periods of
custody with Father are appropriate.
7. The parties shall alternate the holidays of Easter, Thanksgiving and
Christmas, so that in 2005 and all add-numbered years, Father shall exercise
custody of the minor children, Aaron and Kyle, on Thanksgiving and Mother shall
exercise custody of the minor children on Easter and Christmas. In 2006 and all
even numbered years, Mother shall exercise custody of the minor children on
Thanksgiving and Father shall exercise custody of the minor children on Easter and
Christmas. The time periods for these holidays shall be from 10:00 a.m. to 8:00 p.m.
8. The parties shall keep each other advised in the event of serious illness
SAIDIS
SHUFF, FLOWER
& LINDSAY
AT rOOR WAT•LAW
26 W. Hiah Street
Carlisle. PA
or medical emergency concerning the children and shall further take any necessary
steps to ensure that the health and well-being of the children is protected. During
such illness or medical emergency, both parties shall have the right to visit the
children as often as he or she desires consistent with the proper medical care of the
children.
9. Neither parent shall do anything which may estrange the children
from the other party, injure the opinion of the children as to the other party, or
which may hamper the free and natural development of the children's love and
affection for the other party.
10. Any modification or waiver of any of the provisions of this
Agreement on a permanent basis shall be effective only if made in writing, and
only if executed with the same formality as this Stipulation and Agreement.
11. The parties desire that this Stipulation and Agreement be made an
Order of Court of the Court of Common Pleas of Cumberland County, and further
acknowledge that the Court of Common Pleas of Cumberland County does, in
fact, have jurisdiction over the issue of custody of the parties' minor children.
12. The parties stipulate that in making this Agreement, there has been
no fraud, concealment, overreaching, coercion, or other unfair dealing on the part
of the other party.
13. The parties acknowledge that they have read and understand the
provisions of this Agreement. Each party acknowledges that the Agreement is fair
and equitable and that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, The parties hereto intending to be legally bound by
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATr011M WAr1.Aw
26 W. High Street
Carlisle, PA
the terms hereof, set forth their hands and seals the day and year hereinafter
mentioned.
WITNESSETH:
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at AMY OLLAND ?_--.?
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF On this 6 day of -j,4,UUQP-/ 200F,, before me, the
'o undersigned officer, personally appeared AMY J. HOLLAND known to me (or
satisfactory proven) to be the person whose name is subscribed to the within
Agreement and acknowledged that she executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
SAIDIS
SHUFF, FLOWER
At LINDSAY
A770RNEYSOA KAW
26 W. High Street
Carlisle, PA
NOTARIAL. SEAL
KAM L. LENKER, NOTARY•PUBLIC Notary blic
CARLISLE BORO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES MARCH 10, 2009
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF t?t?/1`I
On this ?-() day of ?2005, before me, the
undersigned officer, personally appeared JAY B. HOLLAND, known to me (or
satisfactory proven) to be the person whose name is subscribed to the within
Agreement and acknowledged that he executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
JAY B. HOLLAND, NO. 2005-3336 CIVIL TERM
Defendant IN CUSTODY
SUBSTITUTION OF COUNSEL WITHOUT LEAVE OF COURT
Praecipe for Entry of Appearance
To the Prothonotary:
Enter my appearance on behalf of Amy J. Holland, Plaintiff.
I hereby certify that this change is not intended to, nor will it, delay this proceeding to the
best of my knowledge, information and belief.
Papers may be served at the address set forth below.
Robert J. Dailey, Esquire
O'BRIEN, BARIC & SCHERER
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Date: x-k of Y &'k'
2008
Robert J. aile Es uire
Praecipe for Withdrawal of Appearance
To the Prothonotary:
Withdrawal my appearance on behalf of Amy J. Holland, Plaintiff.
Date: ?z_4 of Guz 2008 -
lou atas, Esquire
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AMY J. HOLLAND IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2005-3336 CIVIL ACTION LAW
JAY B. HOLLAND
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday, April 14, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 16, 2008 _ 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. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Grlro Es q.
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
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MAY 2 3 2008 ate'
AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
JAY B. HOLLAND, NO. 2005-3336
Defendant IN CUSTODY
COURT ORDER
.k?
AND NOW, this day of May, 2008, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed that this Court's prior Order of May 26, 2006, is
vacated and replaced with the following Order:
The Mother, Amy J. Holland, shall have legal and physical custody of Eric C.
Holland, born March 29, 1993, Aaron B. Holland, born February 23, 1995, and
Kyle A. Holland, born January 16, 1997.
2. The Father shall enjoy temporary visitation with the minor children at such times
and under such circumstances as agreed upon by the Mother.
3. In the event the Father is dissatisfied with this Custody Order, Father may petition
the Court to have the case again scheduled with the Custody Conciliator for a
conference.
4. Mother's attorney is directed to serve a copy of this Order and the attached
Custody Conciliation Report on the Father by sending it regular mail and certified
mail, return receipt requested, to the last known address of the Father.
5. The school district where the children attend is specifically directed to not allow
the Father to have any custody or contact with the minor children unless agreed to
by the Mother as set forth above.
BY THE COURT,
cc: :??ichael A. Scherer, Esquire
Mr. Jay B. Holland
M. L. Ebert, Jr., Judge
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AMY J. HOLLAND,
Plaintiff
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAY B. HOLLAND,
Defendant
Prior Judge: The Honorable M. L. Ebert, Jr.
NO. 2005-3336
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this litigation
is as follows:
Eric C. Holland, born March 29, 1993
Aaron B. Holland, born February 23, 1995
Kyle A. Holland, born January 16, 1997
2. A Conciliation Conference was held on May 16, with the following individuals in
attendance:
The mother, Amy J. Holland, with her counsel, Michael A. Scherer, Esquire.
The father did not appear and there is not any evidence that he was in fact served
with notice of the conference.
3. The Father had not seen any of the children for approximately two and a half years
because he had moved to California and was not exercising rights under the Custody
Order. Father then came back to Pennsylvania in January of 2008 and went to the school
and took custody of the children and saw the older and younger children for
approximately five hours. He did not give Mother notice and, obviously, this created
quite a disruption.
4. Mother has not had any contact with Father and he is essentially not exercising custody.
Additionally, the prior Order specifies that Father was to get anger management classes
which he has not done.
5. The Conciliator recommends an Order in the form as attached.
Date: May 2008
Hubert ilroy, ?,E:Custody Conciliator
Amy J. Holland IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
Jay B Holland : NO. 2005-3336 CIVIL TERM
Defendant : IN CUSTODY
PETITION FOR CONCILIATION CONFERENCE
AND NOW, comes the Pettioner, Jay B. Holland, in pro per and files the within Petition
for Conciliation Conference and sets forth the following in support thereof-
1. Your Petitioner (hereinafter, "Father"), is the above named Defendant, Jay B. Holland,
an adult individual whose mailing address is P.O. Box 7210, Norco, Ca. 92860.
2. Your Respondent (hereinafter, "Mother"), is the above named Plaintiff, Amy J. Holland,
An adult individual residing at 701 Highland Ave., Mt. Holly Springs, Pa. 17065.
3. The parties are the natural parents of three children, namely, Eric Charles Holland, born
March 29,1993, Aaron Bradley Holland, February 23, 1995, and Kyle Alexander Holland,
born January 16, 1997.
4. On or about September 20, 2005 Mother and Father (collectively, "the Parties"), entered
into a Custody Stipulation and Agreement (hereinafter "Agreement"). The agreement
provided for shared legal and partial custody of Aaron and Kyle.
5. The Father relocated from Cumberland County to Southern California in October 2005.
Father has tried to maintain phone contact and schedule visits with the children but Mother
has refused to cooperate and in fact has changed residences in October 2007. Mother refuses
to provide Father with children's address or phone number.
6. As soon as Father relocated to Califorinia he provided Mother with his contact
information and has updated Mother when any changes occurred.
7. Mother requested and a Conciliation Conference was scheduled without Father being
served notification of said conference.
8. A Conciliation Conference was held without father in attendance. Mother sought and was
granted sole legal and physical custody of children.
9. In his Conciliation Conference Summary Report of May 23, 2008, the Conciliator, Hubert
X. Gilroy, Esquire, stated that in fact there is no evidence that Father was served with
notification of said conference.
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10. Father would have definitely participated in Conciliation Conference had he been aware
of said hearing. Father has made numerous requests of Mother to resolve this custody issue.
11. In the Court Order of May 28, 2008, the Honorable M.L. Ebert left open the opportunity
for the Father, in the event that he was dissatisfied with the Custody Order to petition the
Court to again schedule a Conciliation Conference.
WHEREFORE, the Petitioner respectfully requests that this Hononrable Court schedule a
Conciliation Conference because the Father was not served notice of previously scheduled
conference.
rfully S mitte
(Jay olland
In pro per
P.O. Box 7210
Norco, Ca. 92860
(925)212-6687
.J '
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VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements subject to the penalties of 18 Pa.C.S Section 4904,
relating to unsworn falsifications to authorities.
DATE: '7' /-09'
J Y . HOLLAND, Defendant
Amy J. Holland : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
Jay B Holland : NO. 2005-3336 CIVIL TERM
Defendant : IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, comes the Petitioner, Jay B. Holland, in Pro Per and files the within
Petition For Special Relief and sets forth the following in support thereof:
1. Your Petitioner (hereinafter, "Father"), is the above named Defendant, Jay B. Holland,
an adult individual whose mailing address is P.O. Box 7210, Norco, Ca. 92860.
2. Your Respondent (hereinafter "Mother") is the above named Plaintiff, Amy J. Holland,
an adult individual residing at 701 Highland Ave., Mt. Holly Springs, Cumberland County,
Pa. 17065.
3. The parties are the natural parents of three children, namely, Eric Charles Holland, born
March 29, 1993, Aaron Bradley Holland, born February 23, 1995, and Kyle Alexander
Holland, born January 16, 1997.
4. On or about June 15, 2003 the Mother and Father (collectively, "the Parties") separated
with the Mother moving from the family residence leaving the children in the custody and
care of Father.
5. On or about July 1, 2003 Father returned home from work to find that the Mother had
packed all of children's belongings, removed the children from family home without fathers
prior knowledge and relocated out of state.
6. On or about Dec. 26 2003 the children returned from living out-of-state, and returned
to the care and custody of Father in family residence.
7. On or about Jan. 15, 2004 Mother returned to Cumberland County. The Parties
maintained separate residence while sharing custody and care of children on an alternating
basis, one week with Mother, one week with Father.
8. On or about June 10, 2005 Mother refused to return children for regularly scheduled
shared custody with father.
9. For two weeks Mother hid children from Father, refused to answer Fathers phone calls
or allow the children to return Fathers voice messages left on answering machine.
10. Father was finally able to convince Mother to see children, although Mother refused
to allow children to leave with Father and caused a public scene with children present.
11. Father had to ask for and receive assistance from State Police. After the Trooper
consulted the children and confirmed that in fact they wanted to spend their normal visitation
time with father, Trooper prevented Mother from interfering with Father leaving with
children.
12. On or about July 1, 2005 the Parties entered into and recorded a Custody Stipulation
and Agreement (hereinafter "the Agreement!). This Agreement provided for shared legal
custody of the children and alternating physical custody on a weekly basis of the two younger
children, Aaron and Kyle.
13. The Agreement was made an Order of the Court on July 19, 2005.
14. On or about September 20, 2005 the parties entered into and recorded a modified
Custody Stipulation and Agreement ( hereinafter "new Agreement). This new agreement
provided for shared legal custody of the children and partial custody with Aaron and Kyle on
alternating weekends, alternating Mondays as well as various holidays.
15. The new Agreement was made an Order of the Court on May 26, 2006
16. Both Agreements stipulated that neither parent would do anything to estrange the
children from the other party, injure the opinion of the children as to the other party or hamper
the free and natural development of the children's love and affection for the other party.
17. Mother changed residences in October 2007, moving from the long time family
residence and refuses to provide Father with contact information, as such Father has had no
contact with the children since Mothers move.
18. Father has continually provided Mother with his current contact information i.e.
address, phone number and email address.
19. Mother petitioned the Court for a Conciliation Conference, a conference was
scheduled and held without the Father being notified of said hearing.
20. Mother asked for and was granted sole legal and physical custody of children without
Father present at Conciliation Conference.
21. Contemporaneously with the filing of these proceedings, Father is filing a Petition for
Conciliation Conference
22. Mother has continually and regularly estranged the children and hampered the natural
development of the children's love and affection for the father.
23. Mother continues to discuss the custody matters with the children and injures the
opinion of the children towards the Father.
24. Mother regularly interferes with the free communication between Father and children
by not allowing children to return Fathers phone calls.
25. Mother regularly and continually speaks ill of Father in the presence of children and
refuses to allow them to initiate contact with Father.
26. Mother refuses to allow children to disclose to Father their address or phone number,
further estranging the children and Father.
27. Mother continues to involve the children in the marital issues between Mother and
Father causing anxiety and stress on children.
28. Father believes that by allowing the Mother to continue subjecting the children to this
hostile and critical environment is harmful to and ignoring the emotional and psychological
needs of the children.
WHEREFORE, Father asks your Honorable Court to enter a Rule to Show Cause as to
why the Mother should not immediately provide Father with contact information (address and
phone number) and establish a set phone contact schedule between Father and children until
these issues can be addressed at Conciliation Conference or pending a hearing in this matter.
Res tfully s
Jky' lland
In pro per
P.O. Box 7210
Norco, Ca. 92860
(925)212-6687
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements subject to the penalties of 18 Pa.C.S Section 4904,
relating to unworn falsifications to authorities.
DATE: -7 - - 09
JA B. 40'LLAND, Defendant
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AMY J. HOLLAND IN THE COURT OF COMMON PLEAS OF
PLAINTIF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2005-3336 CIVIL ACTION LAW
JAY B. HOLLAND
D
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, Jul 23, 2008 , upon consideration of the attached Complaint,
it is hereby directed that pa ies and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberla d County Courthouse, Carlisle on Friday, August 08, 2008 at 9:30 AM
for a Pre-Hearing Custody onference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplis ed, 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 may
provide grounds for entry o a temporary or permanent order.
The court hereby irects 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/ Hubert X. Gilroy, Esq.
Custody Conciliator
The Court o Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act o 1990. For information about accessible facilities and reasonable accommodations
available to disabled i dividuals having business before the court, please contact our office. All arrangements
must be made at least 2 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHO LD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORN Y 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
i
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
,, { ? ? tit f?`-• ? ? :rt;?`3? 1?..7
. 1
AMY J. HOLLAND IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 05-3336 CIVIL ACTION LAW
JAY B. HOLLAND IN CUSTODY
DEFENDANT C?.S O
PETITION FOR SPECIAL RELIEF
AND NOW, comes the Petitioner, Jay B. Holland, in pro se and files the within Petition for
Special Relief, setting forth the following in support thereof.
1. Your Petitioner, (hereinafter, "Father") is the above named Defendant, Jay B. Holland, an adult
individual whose mailing address is P.O. Box 7210, Norco, Ca. 92860
2. Your Respondent, (hereinafter, "Mother") is the above named Plaintiff, Amy J. Holland, an
adult individual residing at 701 Highland Ave., Mt Holly Springs, Cumberland County Pa. 17065
3. The parties are the natural parents of three children, namely, Eric C. Holland, born March 29,
1993, Aaron B. Holland, born February 23, 1995 and Kyle A. Holland, born January 16, 1997.
4. A Conciliation Conference with Hubert X. Gilroy was held on May 16, 2008. The Father was
not served notice of said conference and consequently did not attend. Attached is a copy of
Conciliators Summary Report of Conference.
5. As a result of the statements made by mother and the resulting Conference Report a new
Custody Order was issued, providing Mother legal and physical custody of the children. Attached
is a copy of this Honorable Courts Order
6. As stated in report, Mother indicates that she has had NO contact with Father. Mother also
states Father has not seen children for two and one half years, and is not exercising his rights
under Custody Order.
7. Mother and Father have exchanged over 180+ emails between 2005 -2008. In addition to the
extensive email contacts, Mother and Father have engaged in numerous phone conversations.
Father has also had telephone contact with children only when Mother would allow it. Attached is
a sampling of the email exchanges spanning these dates.
8. Father has maintained the same email address and phone number that Mother has used for
contact beginning in July 2005 through present. Fathers mailing address has remained unchanged
beginning in May 2006 through present. Mother has this address.
9. Again at the Conciliation Conference of May 16, 2008, Mother states that father came to
Pennsylvania in January 2008, went to the children's school, took custody of children without
notifying Mother and created a "disruption".
,.>
10. Included in the attached email exchanges between Mother and Father is an email dated
9/05/07. Father specifically discusses his intentions on being in Pennsylvania and visiting with
the children.
11. Father was forced to visit the children at their schools because as of September 2007, Mother
and children have moved from the longtime family residence in Mt. Holly Springs and Mother
refuses to provide Father with ANY contact information for children.
12. Father was in Cumberland County for seven days, January 13-20, 2008. Mother refused to
allow visitation between Father and children, as a result of Mothers refusal, Father was able to
visit two of the children for only one visit while not seeing the oldest child at all. In fact, Mother
filed a complaint with the Pennsylvania State Police alleging Father had no right to visit children.
13. Mother has made a concerted and continuous effort to alienate the children from their Father.
She has refused to allow telephone contact with children and prohibits children from initiating
contact with Father.
14. She has on numerous occasions refused Father's and children's request for visitation and
regularly speaks ill of Father to children.
15. Mother continues to foster and harbor an environment that exposes the children to Mothers
animosity and contributes to the alienation of Father and children. Mother regularly discusses
marital and custody issue with children.
16. Mother has on two occasions, when Father visited Pennsylvania, made the children
inaccessible to Father for visitation.
17. As left open by this Honorable Courts Order of May 28, 2008, Father has petitioned and been
granted a Conciliation Conference. That conference is now scheduled for August 8, 2008.
As a result of the pending Conciliation Conference, Father has scheduled and purchased
plane ticket, lodging and car rental in preparation for and to coincide with 8/08/08 conference. In
light of the past history and efforts on Mothers part to alienate the children from their Father, he,
the Father asks your Honorable Court to issue an Emergency Temporary Order allowing Father to
have unhampered visitation with children while he is in Cumberland County. Father will arrive
on Thurs. 8/07/08 and return to California on Tues. 8/12/08. Father requests that this Visitation
Order allow for visitation from Fri. 8/08/08 through Tues. 8/12/08. In addition to the Visitation
Order, Father asks that the Court prohibit the removal of children from Cumberland County
(Carlisle, Boiling Springs, Mt. Holly Springs) beginning on Wed. 8/07/08.
Re ctfully Subm'
y Holland
In pro se
P.O. Box 7210
Norco, Ca. 92860
(925)212-6687
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements subject to the penalties of 18 Pa.C.S Section 4904,
relating to unsworn falsifications to authorities.
DATE: '7 `
. HOLLAND, Defendant
J
?r cn r,
Es-.
AMY J. HOLLAND,
Plaintiff
v
JAY B. HOLLAND,
Defendant
Prior Judge: The Honorable M. L. Ebert, Jr.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
N0.2005-3336
IN CUSTODY ATTHptT
Ga-t-u
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this litigation
is as follows:
Eric C. Holland, born March 29, 1993
Aaron B. Holland, born February 23, 1995
Kyle A. Holland, born January 16, 1997
2. A Conciliation Conference was held on May 16, with the following individuals in
attendance:
The mother, Amy J. Holland, with her counsel, Michael A. Scherer, Esquire.
The father did not appear and there is not any evidence that he was in fact served
with notice of the conference.
3. The Father had not seen any of the children for approximately two and a half years
because he had moved to California and was not exercising rights under the Custody
Order. Father then came back to Pennsylvania in January of 2008 and went to the school
and took custody of the children and saw the older and younger children for
approximately five hours. He did not give Mother notice and, obviously, this created
quite a disruption.
4. Mother has not had any contact with Father and he is essentially not exercising custody.
Additionally, the prior Order specifies that Father was to get anger management classes
which he has not done.
5. The Conciliator recommends an Order in the form as attached.
Date: May ,, 2008
Hubert : ` ilroy, Esquire
Custody Conciliator
MAY $ S 2008 fie'
AMY J. HOLLAND,
Plaintiff
JAY B. HOLLAND,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2005-3336
IN CUSTODY
COURT ORDER
Ar?? T
off= sh-S10
AND NOW, this day of May, 2008, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed that this Court's prior Order of May 26, 2006, is
vacated and replaced with the following Order:
1. The Mother, Amy J. Holland, shall have legal and physical custody of Eric C.
Holland, born March 29, 1993, Aaron B. Holland, born February 23, 1995, and
Kyle A. Holland, born January 16, 1997.
2. The Father shall enjoy temporary visitation with the minor children at such times
and under such circumstances as agreed upon by the Mother.
3. In the event the Father is dissatisfied with this Custody Order, Father may petition
the Court to have the case again scheduled with the Custody Conciliator for a
conference.
4. Mother's attorney is directed to serve a copy of this Order and the attached
Custody Conciliation Report on the Father by sending it regular mail and certified
mail, return receipt requested, to the last known address of the Father.
5. The school district where the children attend is specifically directed to not allow
the Father to have any custody or contact with the minor children unless agreed to
by the Mother as set forth above.
BY THE COURT,
„ p i . , ??rsof, l tress tl" lid
0
Nit
M. L. Ebert, Jr., Judge
rothonotary
cc: Michael A. Scherer, Esquire
Mr. Jay B. Holland
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From: ]ay Holland (jaylandj@hotmall.com)
Sent: Thu 5/29/08 9:52 AM
To: Amy Holland (amy.holland@ahoidusa.com)
Page 1 of
}f&Amy,
A my, ca ti/ we/ l? ... i vtw pa tw- A A.tcw A m el, j u4t a *v exdwwW
of......
Jay
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From: Jay Holland (jaylandj@hotmail.com)
Sent: Wed 5/28/08 7:33 AM
To: Amy Holland (amy.holland@aholdusa.com)
WlAmy,
I hope, th4 fi;.,vtiak yo-w weu. caw we/
Jay
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From: Jay Holland (jaylandj@hotmail.com)
Sent: Tue 4/08/08 10:43 AM
To: Amy Holland (amy.holland@ahoidusa.com)
}f &Amy,
I way take*v off gww& vv/your respow4& .. hevwce, the, M,a y iw reply.
Page 1 of
Althoug?vthere, are, ma4V sjttr ecty that I feel co."Wg cna& be, aACU-" eaL, I
wa re4pect ful;Ly a staivv from any other &WL*v &w,, chi&4-en/ (mare
speci6zaRy Kyle).
It &k clear that Kyle, w&sh w to- cont-a ut& a• relat'um,&hip wa1v m el a L to- be,
a N& to- spe L& tf ~ wa-h/ m el Youl have mad el it decw r& my spe4u" t?wne/
wUl v hl m (* the aeneer m#M+lt- da use, 1411/ our a.#reemeAt. what &k X thatyou.
wou lcL like, to- verify my a b ' ' by thl oi'•der? plea? let Me, "JO W Soo- that I
ca.vv make, arr . I alto- wouicL like, to- Mart mak,%n f p1a4 k foie Kyle,
to- visit the "nee?
rha,n4
Jay
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Re:
From: Amy Holland (Amy.Holland@aholdusa.com)
Sent: Mon 4/07/08 11:31 AM
To: Jay Holland (jaylandj@hotmail.com)
About what?
This email message and any attachments are for the sole use of the
intended recipient(s) and may contain information that is
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message in error, please notify the sender by reply, and delete all
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recipient you may use the information contained in this message and
any files attached to this message only as authorized by Ahold.
Files attached to this message may only be transmitted using secure
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using the same level of password and security protection with which
the file was provided to you. Any unauthorized use, dissemination
or disclosure of this message or its attachments is strictly
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From: Say Holland (jaylandj@hotmail.com)
Sent: Mon 4/07/08 9:42 AM
To: Amy Holland (amy.holland@aholdusa.com)
ft &A my,
Ca*v wPi ta& ....
peace/
Jay
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From: Jay Holland (jaylandj@hotmail.com)
Sent: Sun 11/04/07 6:55 AM
To: Kyle Holland (athiete52kh@hotmaii.com)
Page 1 of 1
14 v Kye,
A n4ote/ ta-tau, yo, that I Iove, yaw Baby.14 ow Ck everyt.;nf ..aches your
view place, spov tk, etc/? It w tu.rn"i* faLL here, cooler temple a*i& tmy
amou tt- of ra, w Row Lk A a**c*v aM.d, ErLcl? I rece4udy went to- L ouisiaiia/ (New
Orlea4?) a4, a, voUwteer witIv Naktitat-for R , it wa4, an/ awepo, c
ex per" ce a *i& I platy ovw retu rn"i. * soovv (heLp"tq, to- rem h ,wrt ca?
vLctunk h.om ek). Wh.a& I wa* there I went to- a Sa.6*t vs: Faicawk game
(mZ mil k M tchae l V Lck,), it wale bo- cool, a k we& ale they Saint-k wa ! Covgrats-to-
yot l r world, SerLek Cha mpiovv lZecL So-w, it loo4 ale t f Ne w EngZa tad, Wov ts-
team* are, the o *w4, to- beat this year, Pali,, Ced tLc .
I a4,nv y wel yow saw the- re e* t wadi rek that we ha & here t v S. Ca, Lt wa4-
pretty wary l7udel the, cloe4t-fCr" were &n y about 15 min* from my hou4
but we a.re OK.
A LrLght Kyle; I wal a& LOVE to- hear fro-vw, yow, yow have my em,aA.. here Lk
then phcnei # a ja- vi, (92 5) 212 -6 68 7. I hope th i *W are goi* * wei.L for yow
a,n& your Irrotherk, I LOVE you,, alul, rea.Liy MISS yow aiot, try to- contact me,
Love tDa.d,
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From: Jay Holland (jaylandj@hotmail.com)
Sent: Thu 11/01/07 8:46 AM
To: Amy Holland (amy.holland@aholdusa.com)
Page 1 of 1
Y(Mme?
I th4*1k X L* Vwne/ to- atop th, k a yt& move, lyeyoytd/ the- auger a,L& u*v -
ChrvatLa w at=ude/ I avw SORRY for the way t i havev ti wne L &at. Aga%vv
I accept my rOI& a4'1& wa clo- what I caNV to tYy a4eL& makes th.LVi? better . You
ktiww I want NOTWINC... oniy, to- kvu0-w that my diiWe ev are hAPPY,
FULFILLED and. GROW I NC to- ie,,goocL peopl a ;Pleat Amy let uk get to- a
more po:sLtw? plat l that- we, may re4pect ovt& another a.vi.& allow the *w a itL
the g anal oppo rt?,i vtii '?.ek w ham to- offer. I re a4el that yotw w hak ae evv
aomev term a%L a *i& avip Lvv the, pabt 2 yrk, allow me., to- a4u:st yo-w
Lw any way that yaw nee& t& lrrghte w the f d-u rel a *i& brunt, a*v m& to-th k
pai4? chapter.
I hope, a *t& pray that Goal wZ work/ ctv a ui,, thew yowA my, them L4- a
brighter future:.. let X ah.Lnei Lvv.?
W Ul v Love/ a•n& a W arrw ft east
Jay
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LOVING AND MISSING YOU BOO
From: lay Holland (jaylandj@hotmail.com)
Sent: Fri 9/21/07 6:14 PM
To: Aaron Holland (cargo500h@hotmail.com)
fi&3aa;
Raw a rk yowAaro-vv? I a•wc/ not really uw, why our r - hak g&ne/
the, way it hay; I ovay know that X bre 4 my heart. I miw youw s& avid
dvi* ,k. of yaw everyd a y! ! It &k sad that wee d vi)t have., any ccmmu*iiry)*v
a*i& not kn&w ivwg, why we, have gottely like- th%k L* rea.U y very tr La4#
I heard way that yaw were upset wWv me, for they trip to- Ca : I will
not get i v1.to-th.e rea4av k for alL of that.. jwat KNOW that it Ix?ed/ mel a.,
muJv a4- it mu4t haw, bothered yaw.
Aa.ravv we,, cavv go- o-vv like, thin:.. not taUcin*, bei+%* wwL&, sa yid u*tk i&
tb i,+up or w, caw do-ju4t the, opposite a*ul, show love/, respect, compamiaw
a *v& for ovti, a vt,ather whticly w haw I wouU prefer to-live our Uwe*
If yaw ark 1 /2 ak sad a4, I awv that our relatton&hip hak came to this, tyi eiVv
yow have to- be very SA D. Altai w I will not get iAto-the/ reuva,~ or e, pia 4v
th, th 4W that I have beevv toil. by your M om; let wt ei j u4t say thi k .. she, hak
mad v X extra d4fficuit for m,, to- be a part of yawn U fei. I do- not like, it,
but I atn,olu teLy REFUSE to- have her "-V my LIFE av>I.dl it uM ple 4a lat
W el caw stdb haw, a, rela tlotuhip w/cr your Mom" %vwc&eme vLt, a V yaw have
to' dcr ik let me-I k mm avid/ I will MAKE I -r HAPPEN. If yow so- chaa that yow
wcuU rather I.vv, o•t w' Uve* w/o- eadv other th vil that tk your dzci? to-
maace. That would NOr be my chaic,, not by a•vvy mea*w a *i& I want yaw to'
KNOW thik.
I LOVE YOU...I MISS YOU a t& I PRAY for the day that we, caw be togethev'
aka- *v 3co4 Gwe X Aarow. Likes I prevtousty ?a ids ..'cif your, Uu &t
1 /2 ak sa dl ak I, yawn heart hak r& be, a4- brokely a4, wci ei'. it does not have tic
be, Uke, diik a n& we d o?t have./ to- aU,ow curse &k to- b, torly apart Uk., this:
I LOVE YOU SO MUCH AND MISS YOU CRY DAY
tDA
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I care Amy...
From: lay Holland (jaylandj@hotmail.com)
Sent: wed 9/19/07 9:01 AM
To: Amy Holland (amy.holland@aholdusa.com)
Page 1 of 1
}fey Amy,
Talk/ to- mel ..I awv here to- help. It ha* to- lv/ a very gad and, f ,Cghate nil
sih-caatiovv Pleat a,llow your hea vt to- forrgw' e and, move pa/at thi* dark
chapter t*v your W allow au,r childre vto- wwvev pa4t th k dark chapter. Ak
I said/ before, new Uwe* .. new peopl% yet plenty of room fvr yow a+,& the,
boys: I know tha t yow hcwe created/ a bce-vwwt c-r-that ik d46z" t to- u wl o-, you
are concerned, haw yaw will/ appear r& thou, that yaw h wel i*wo4 ve , &n/ our
perscnat/ affairs, Let the prid e, go; let u4, m.ove- forward a ,td heal this'
fa mi y. I have told yo°w nu merouw ttt vne,, that I accept My row %w the,
situa t?, m,, a ul/ yes' I will/ accept some resp&n4 ,bi? for the' house)
fvrecl o-su re: It seemv t& m? that for al.L the- blcut4e/ that yaw want to- cast aw
me-, and for the lz? of rwul that I have beew out Of your W, your
farms havel not chap wjed... i+v fast they appear to- have got warms ... let x
GO Amy!
It seemk to- mel that yaw forget aivut car covwersatfon* when/ yaw admit t&
wants the boys- t& feet aUaut m? thev same way that yaw do:.. does that
ja t, fy you r posh' m whew yaw acv qu ,4rwyw dial hcwe? to- do- wick rra c4?y
(why did, I treat yow different thaw her, why dud yow n.ot get Stu fjF whew I
moved; etc/)... it &k abviou- that there is' pa +, / there., that ca vv be (fixed wick us,
com f together'' av«L mov%n4 forward: T7k is' where your prLde- getk ivv th.e
way, you, have been/ w/a- a/ car, yaw are' , yow need to- be d4hone4t
to- cover your story and a-kyow have/ said: . yow Losr y&tAr greatest ally.
I a*v here to- a ffer what ever Mp that I caw, th-t* ham to- be., a., fr4hte4
V&mel for ou,r Chad ren. a-k well/ a4- for you rsel f Yow have., aw nu nPxouk t"nek
mR*,rU w-& h.aw you/ need to- care-, for our ch l d re-n, plea let thl pates of
the pa4t go- and reaUy let your caring sho-Le, 6waughl
peace'
Jay
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I LOVE YOU
From: ]ay Holland (jaylandj@hotmail.com)
Sent: Fri 9/07/07 9:48 AM
To: Amy Holland (amy.holland@ahoidusa.com)
Page I of 1
R t,A my,
Uow't know where to- btaet... thel aver &k bpiU4i f fronv your wardk. If I were to-
venture a, gtAe b:.. i t ib' my fault that yow loot the,, howbe? As- I have ba &
nu4nerou,k u* ea, it d%d t;t have to& comR, to- thvk, we co? have,, bavedl the,, hou/b&,
I k vtaw thi * to- be trine,, beca "4e,, I was- t *v contact wetly th& powers' that be, A cgai n/
a% I have bai.d, it IS NOT go vt* to- be., a, one bided - effart, all, it watt ld, have,, take n
frowv YOU i4- t& stop the,, builshW, let the a+tiowiay go- anal, we can/ move forward:
From what I awv bei ng, to4& a *t& fv o a b i?ca Lowwyour LIFE Lb' %vv
shambtek-
PLEASE LET ME RELP YOU ... PLEASE. I harbor vtodii*t but LOVE a u-I/KINDNESS
for you. I a *w L *v an/ awebovne pob%turw rgjlit n&w a *t& am/ more thaw waUng, to-
help youI &navlxiaRy al, UD ta- begi vv WUx.4yt* b-u ppov't pa ym"ttk .. j i cat stop the,,
13U LLSf(IT A me,! 1 awv not a,blu n* for ar expects a*v? "v retu rw, , mW
a lloiv th%b' famay to- he l a *u-1, move forwcw& with, the,, LOVE, C0MPASSION a *t&
RESPECT thatweALL deserve:
Youv k vt ow we were an/ the, path, to- heuU:nq- and, forg-we- ww (j u4t al few m ok
(JLI.(k) a *t& then/ the,, brakek were,, put an l.. what ha ppen e, please, mUghte ev me,,?
it &k ha r& for m el t-& " that yaw ev yoy thi , doek it really wake., yaw feel
good, happy, content that our rely t'u" ubhip &k bo' u' na l/ I have a, new
life,,, yaw have a new li fe:..I a4w s& hopeful d a t ymwk Lb' a4, f AW avid, happy a k
mi+wl Ju,bt because,, they are new anal, di fle rm t do-ek NOT m e a w that there i4- n&
roam/ for each, other t *v bonne cap acAby, ci mo*v A n m, we,, loved an& shareaL
experievueb- for m,a.wy years:
Plea4e,, search, your heart a *t& a4k (,c& to- help yaw bury thi s- hatred, s& that YOU
ca.n/ move out Of th4* da rk.ne,W that ik ho?yow daww. I then i f yo l jwbt
gave it cu 131G CYANCE, worke&9AjZD for repair a*i& replace,, our ca ri n*, yow
would, fin& that it ik not that diffio&at an,d. your Lifer may be le, -k complicated:
At lea4t let "ope v some, comnuxtiicat-um ..t iar w&tAU be,, a btron* b !
Agai*v th4 note arrweb- with, LOTS of LOVE, CARING a*x& COMPASSION for a,
wa a*il that occuptak a, bpeca a.L place,, Ln/ my heart... PLEASE allow bonne,, of it
to- rub- off, beep "i t&, carry avid, br"jhten/ yaw. I LOVE YOU...I LOVE YOU...I LOVE
YOU...I LOVE YOU.
peace
jay
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From: Jay Holland (jaylandj@hotmail.com)
Sent: Wed 9/05/07 9:13 AM
To: Amy Holland (amy.holland@aholdusa.com)
Y&Amy,
A vote to- wijIv yaw well. I a*v 6*a4he& wWv my whop l an& amp cv
trip. I a tv ' to- Ue G"? thrw Pay a *t& I amp o-w v4irmf
with/ the boys, for cv few days, Let mel k4iow haw yaw feel a tut tip a*ui/ what
yaw arre agreeable to-? I ca iv do-tho- walwu t seems or havw.9, av?y c.&v act
wt6v yaw i f that ik what you. dR4i[re: My pla*w 4, t& Ire' iw Pa fravw al Fri tlww
Su*t/Mo-vvw-I waut&Uketa-speyt&the, weeke4,L& wWvthe, boys
I hope thimg-k a.re worker out for yaw. I k+iow it hak Ire 4a/ roagk w Uh- the
...Irut a? yow have (io& will take care o f yaw.
pea,ce-1
.TCLY
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Re: Thoughts
From: Amy Holland (Amy.Holland@aholdusa.com)
Sent: Tue 5/15/07 7:16 AM
To: Jay Holland (jaylandj@hotmail.com)
Page I of
have and will take accountability for my actions which led to the problem with the house. Everyone knows that I didn't pay the
mortgage which was a big mistake. God knows my heart more than you will ever know and he is in charge of my family. Whatever
happens with this house will be the right thing because He will determine the outcome. God has interceded for me many,many
times in the past two years because he loves me and knows me. People who care for me also know that I made several mistakes
with regard to how I handle yours and my situation and they also know how long I continued to care for you after I said I didn't. I
don't want to talk to you anymore, conversations such as last night serve no purpose for you or me. I want to resolve the house
issue and finalize this divorce. You will always be in my thoughts and my prayers, I have known you for too long to forget about
you but for now I have no need to continue our discussions. Contrary to what you think, I have peace in my heart and soul, that
would not be possible if I was not right with God. I am sure you don't believe any of this but I am no longer going to try to convince
you. As you so often say, we should agree to disagree.
A
"Jay Holland" <jaylandj@hotmail.com>
05/15/2007 09:41 AM
To: Amy.Holland@aholdusa.com
cc:
bcc:
Subject: Thoughts
Hi Amy,
I had some time to reflect on our conversation last night. I want to let you know that I will pray for your
situation and the darkness.
Re: the house, with access to the internet, I have been following and will continue to observe what is
occuring with the foreclosure (it is public info). In my searches, along with 313 Zion Rd., there are many
homes being sold on June 13th that are in bankruptcy, my point being is that I am not sure how much of a
viable option that is. Again I will gain absolutely NO pleasure when this inevitable action happens. I will
offer you my help and assistance as we move towards this unfortunate ending.
As I said last night and in numerous conversations Amy, l want NOTHING from you, yet want much, for
you and the boys. It is going to take more than my desire though. Again you need to stand up...ask for
foregiveness, in a REAL and GENUINE way and accept your liability and responsibility for ALL things.
NOT that big of a deal Ame!! I can tell you this as a Christian man...GOD knows what is in YOUR heart
and as dire as the situation may be, He will only intercede on the behalf of RIGHT and rightousness. In
our talk last night, you mentioned that "if this does not play out as you hope, it can serve to make you
stronger" and my response was "only time will tell". Are you so stubborn and proud that you are willing
to gamble with yours and the boy's security and future? All the lawyers and plays will serve no purpose
when there is no honesty and accountability involved. Again Ame, no big DEAL, we all have made
mistakes. The big deal is to keep making them. Please let's put an end to it now.
My thoughts are with YOU and the boys Amy.
peace
Jay
Windows Live Hotmail Print Message
P'wWindows Live'"
A
Re: My mind!
From: Amy Holland (Amy. Holland@aholdusa.com)
Sent: Wed 4/25/07 12:28 PM
To: ]ay Holland (jaylandj@hotmail.com)
Page l of l
Thought I would send this last message including the one you sent just two days ago, how quickly things change ...Just wanted to
let you know that I will tell the boys tonight that the trip is off. I know they will be heartbroken but it won't be the first time we have
let them down. Nothing more to say..
"Jay Holland" <jayland)Qhotmail.com>
To: Amy.Holland@aholdusa.com
04/23/2007 10:18 AM cc'
bcc:
Subject: My mind!
Hola,
The beginning of a new week! School is so secondary in my mind right now. How are you today? The
crew? Just to let you know you are on my mind!
PEACE
Jay
The average US Credit Score is 675. The cost to see yours: $0 by Experian.
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Windows Live Hotmail Print Message Page 1 of 1
KVWindows Live'"
Re: Happy Easter.
From: Amy Holland (Amy.Holiand@aholdusa.com)
Sent: Fri 4/06/07 7:07 AM
To: Jay Holland (jaylandj@hotmaii.com)
Happy Easter, hope the Easter bunny comes your way. This will be a very busy weekend at our house. It was 30 degrees this
morning, need I say more. I am doing fine, feeling pretty good as a matter of fact. I have some pictures to send of the boys, will
put in the mail tomorrow
A
"Jay Holland" <jaylandJQhotmail.com>
04/06/2007 08:49 AM
To: Amy.Holland@ahoiduse.com
cc:
bcc:
Subject: Happy Easter.
Hi,
What's up? Big BD bash this wknd? As well as Easter, Happy Easter to you and the crew! How's the
temps? Mid-terms for me on Mon., wow how time is flying Ame. How is your heart and head? Talk to
me. pce/L Jay
Need a break? Find vour esca route with Live Search Ma s.
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Windows Live Hotmail Print Message
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Re :
From: Amy Holland (Amy.Holland@ahoidusa.com)
Sent: Fri 3/30/07 7:28 AM
To: Jay Holland (jaylandj@hotmail.com)
Page 1 of 1
I don't know where to go from here either. It seems as if we just can't understand each other at all. I know the children were
looking forward to seeing you but once again we are "roadblocked". Aaron wanted to call you two nights ago but he can't find the
info.. for the calling card. I have your phone number and new code but not your calling card number. Maybe you can give him a
call or email me the number and he can call you.
This all makes me very sad..
A
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Fun in the Sun!
From: Amy Holland (Amy.Holland@aholdusa.com)
Sent: Wed 3/21107 4:54 AM
To: jaylandj@hotmail.com
Your whole family is ready to come to visit!!!!!!!!!!!! If you still want us to come...
L
A
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your message
From: Amy Holland (Amy. Holland@aholdusa.com)
Sent: Fri 12/29/06 9:26 AM
To: jaylandj@hotmail.com
Page 1 of 1
Jay, I received your voicemail and appreciate your concern for the boys and I. Why has the mortgage company been talking to
you?Why haven't you had them call me? I have called the attorneys firm twice and they finally gave me a number at Citifinancial
of the lady supposedly handling this. They gave me a name of Lynn Harris. I have left two voicemails with her with both of my
numbers and she has not responded. You say in your message that they are going to sell the house, the attorney firm told me
differently. Since you are not taking any responsibility for this I would appreciate your forwarding any mail you have received on
this to me and refer all calls to me as well. It is rather difficult for me to try to resolve any of this without receiving the
communications from them. Since you are not going to help pay for this etc. I would really appreciate it if you would make it clear
to whomever you have been speaking with that I am the one they need to contact. We are all doing okay and I hope you are as
well
Amy
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AMY J. HOLLAND,
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-3336 CIVIL
ORDER OF COURT
AND NOW, this 1st day of August, 2008, upon consideration of Jay
JAY B. HOLLAND,
DEFENDANT
Holland's Pro Se Petition for Special Relief, and it appearing that a conciliation
conference has been scheduled before Custody Conciliator Hubert X. Gilroy on
August 8, 2008, at 9:30 a.m.
IT IS HEREBY ORDERED AND DIRECTED that Father's Request for
Unhampered Visitation prior to the Conciliation Conference is DENIED;
IT IS FURTHER ORDERED AND DIRECTED that the Custody Conciliator
shall examine the Father's request for visitation during his stay and visit in
Pennsylvania and grant such relief as he deems appropriate.
By the Court,
,*A,
M. L. Ebert, Jr.,
Xobert Dailey, Esquire
Michael Scherer, Esquire
Holland, Plaintiff
Jay B. Holland, Defendant v
bert X. Gilroy, Esquire
Custody Conciliator
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AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
JAY B. HOLLAND, NO. 2005-3336
Defendant IN CUSTODY
COURT ORDER
pp
AND NOW, this k" day of August, 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse
on the day of 2008, at ?Ov
)I-,- . in. At this hearing, the Father shall be the moving party and shall proceed
initially with testimony. Counsel for the parties, or the parties themselves if they
don't have counsel, shall file with the Court and the other parties/counsel a
Memorandum setting forth the history of custody in this case, the issues currently
before the Court, a list of witnesses who will be called to testify at the hearing and
a summary of the anticipated testimony of each witness. This Memorandum shall be
filed at least five days prior to the mentioned hearing date.
2. In the event Father makes arrangements to have a custody evaluation performed at
his expense, the Mother is hereby directed to cooperate in the evaluation and to
ensure that the three children are in attendance at any evaluation/counseling sessions
that the evaluator schedules. Mother is also directed to cooperate herself and attend
any evaluation sessions that are scheduled. Father must also participate in the
evaluation as the evaluator deems appropriate. The evaluation shall be an
independent evaluation even though Father is incurring the costs involved in the
evaluation and the evaluator may submit a written report to both parties and their
attorneys. Additionally, in lieu of the evaluator testifying at the trial, the Father may
go -h Y8 61 OAV OGOZ
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submit a written report from the evaluator if that is his preference. However, either
party may secure the attendance of the evaluator for testimony at the hearing at that
party's expense.
Pending further Order of this Court, this Court's prior Order of May 28, 2008,
shall remain in effect.
BY THE COURT,
S? -? ?"
M. L. Ebert, Jr., Judge
cc: bert J. Dailey, Esquir
I,-eir. Jay B. Holland J
AMY J. HOLLAND,
Plaintiff
vs.
JAY B. HOLLAND,
Defendant
Prior Judge: The Honorable M. L. Ebert, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2005-3336
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE 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 children who are the subject of this
litigation is as follows:
Eric C. Holland, born March 29, 1993
Aaron B. Holland, born February 23, 1995
Kyle A. Holland, born January 16, 1997
2. A Conciliation Conference was held on August 8, 2008, with the following
individuals in attendance:
The mother, Amy J. Holland, who appeared with her counsel, Robert
J. Dailey, Esquire, and the father, Jay B. Holland, who appeared without
counsel.
3. The situation in this case is that the three children have been in the physical custody
of the Mother for many years. The Mother appeared before the Conciliator in May
of this year without the Father present and the Conciliator recommended an Order
giving the Mother custody with the option to the Father to seek another custody
conciliation conference. The Father filed a pro se petition.
4. The Father lives in California. The objective information is that the Father has not
had any meaningful visitation with the children since October, 2005. In January of
this year, he did see the three children for a few hours. Father also is not paying any
support to the Mother for the children.
5. Mother suggests that the two older children have indicated a desire to not see their
Father. She indicates that Kyle appears willing to see his Father but she is not willing
to agree to visitation because of circumstances in the past. She is making allegations
that there was prior abuse and other issues.
6. Although the Conciliator often recommends an interim Order to provide some
visitation, in light of the long period of time that the Father has not had any
meaningful contact with the children and in light of the Mother's position, the
Conciliator feels the Court must take testimony before any Order for visitation should
be entered.
7. If the Court is inclined, some visitation should be ordered after an appropriate
hearing. Also, it appears that a custody evaluation would help in this case. However,
because the Father is not seeing the children, a hearing should be scheduled as soon
as possible to determine what visitation arrangements should be made in connection
with the Father seeing the children even if a custody evaluation is not concluded prior
to that hearing.
8. The Conciliator recommends an Order in the form as attached.
l i?
Date: August l '2008
?A -
Hubert X. Gil
Custody Con(
AMY J. HOLLAND IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 05-3336
JAY B. HOLLAND CIVIL ACTION - LAW
Defendant IN lr 0 S TO D 1
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance as attorney in the above-captioned action for the Defendant,
Jay B. Holland, per his request.
Respectfully submitted,
Date: 2 7 , 2008
Scott Stein
6/7 Attorney ID # 1 7 3
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as attorney in the above-captioned action for the Defendant, Jay
B. Holland, per his request.
Date: '2008
Attorney ID #43829
2000 Linglestown Road, Suite 106
Harrisburg, Pennsylvania 17110
(717) 657-7770
F ?
AMY J. HOLLAND IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 05-3336
JAY B. HOLLAND CIVIL ACTION - LAW
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Robert D. Turgyan, Paralegal for the Law Firm of Scaringi & Scaringi, P.C., hereby
certify that I served a true and correct copy of the Praecipe to Withdraw/Enter Appearance,
placing said Praecipe in the United States Mail, first class, postage prepaid to the following
person at the following address and on the date set forth below:
Robert J. Dailey, Esquire
19 W. South Street
Carlisle, PA 17013
Date: -C>?F 32008 Robert D. T g an
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AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAY B. HOLLAND,
DEFENDANT NO. 05-3336 CIVIL
ORDER OF COURT
AND NOW, this 31St day of October, 2008, after hearing in the above
captioned matter,
IT IS HEREBY ORDERED AND DIRECTED as follows:
1. Visitation:
Father shall be provided with visitation with Aaron and Kyle as
follows:
A. Mother shall arrange with another adult individual to have Aaron
and Kyle brought to the parking lot of the Carlisle Home Depot at 11:30 a.m. on
November 1, 2008.
B. Father shall then have custody of both children until 1:30 p.m.
when he shall return Aaron to the parking lot of the Home Depot for pickup by the
Mother. Father shall retain custody of Kyle until 6:00 p.m. when he shall return
Kyle to the parking lot of the Home Depot for pickup by Mother or her designee.
2. Telephonic contact:
A. Father may provide the boys with a cell phone at his expense.
B. Mother shall ensure that the boys have the opportunity to make
daily calls with their father between 7:00 and 8:00 p.m. each day.
C. Contact shall be initiated by the children. If it is determined that
the children never call their father, this issue will be revisited.
3. Nonalienation:
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.
By the Court,
tk-??W
L. Ebert, Jr., J.
Xichael Scherer, Esquire
Attorney for Plaintiff
,/rank C. Sluzis, Esquire
Attorney for Defendant
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AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAY B. HOLLAND,
DEFENDANT NO. 05-3336 CIVIL
ORDER OF COURT
AND NOW, this 4t' day of December, 2008, IT IS HEREBY
ORDERED AND DIRECTED that a status conference with counsel will be held
on Monday, December 15, 2008, at 1:30 p.m. in chambers of Courtroom No. 5.
By the Court,
M. L. Ebert, Jr., J
Michael Scherer, Esquire
Attorney for Plaintiff
? /Frank C. Sluzis, Esquire
Attorney for Defendant
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AMY J. HOLLAND,
PLAINTIFF
V.
JAY B. HOLLAND,
DEFENDANT
IN THE COURT PF COMMON PLEAS OF
CUMBERLAND OUNTY, PENNSYLVANIA
: NO. 05-3336 CIVIL
ORDER OF COURT
AND NOW, this 15th day of December, 2008, after status conference with
counsel and the Court being advised that reunification counseling has not yet
begun;
IT IS HEREBY ORDERED AND DIRECTED that:
1. Reunification counseling sessions shall b? held 1 session per month
for the months of January, February and March 200 .
2. The Reunification sessions shall be cond ted by Counselor Jamie
Orris who shall provide a progress report for each s0sion directly to the Court
and to counsel.
3. Mother shall provide the Court and opposing counsel with a list of
dates when all three boys would be available for reunification counseling after
school. Given the fact that reunification counseling Is scheduled only one time
per month, if dates cannot be provided for times wh n the children have no other
scheduled activities, reunification counseling shall t4ke precedence over any
other activities.
4. Father shall provide the Court with a copylof his proposed travel
itinerary to Pennsylvania on or before December 30 208, and shall schedule
each of the reunification counseling sessions for he janodh i s sons with Jamie
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Orris for the months of January, February and March, 2009. These sessions
shall be held after school and during Counselor Orri4' second to last or last
appointment of the day.
5. Father shall then have visitation with the
counseling until 8:30 that evening.
6. Father shall have additional visitation time
reunification counseling to be determined by the Cot
after the reunification
with the boys the day after
in after review of Father's
travel itinerary.
7. Mother may provide the boys with transpo ation to the reunification
counseling sessions if she so desires, however, ifs a does not she will agree to
a location where Father can pick up the boys to tran?port them to reunification
counseling. This location again will be reported to t e Court by counsel.
8. The oldest child, Eric C. Holland, is encou aged to attend reunification
counseling with his father, however, given his age je will not be required to
attend unless he so desires.
By the Cowl,
Nk
M. L. Ebert
/chael Scherer, Esquire
Attorney for Plaintiff
,XFrank C. Sluzis, Esquire
Attorney for Defendant
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AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
JAY B. HOLLAND, : NO. 2005-3336
Defendant : IN CUSTODY
PETITION FOR LEAVE TO WITHDRAW AS COUNSEL
AND NOW, comes the Petitioner, Frank C. Sluzis who respectfully petitions the Court as
follows:
1. Petitioner requests permission to withdraw as counsel in the above-captioned
action.
2. Defendant has advised Petitioner that he no longer wishes Petitioner to represent
him in the above-captioned matter.
3. Petitioner cannot continue to represent Defendant in accordance with the Rules of
Professional Conduct.
WHEREFORE, the undersigned counsel respectfully requests that this Honorable
Court order and decree the appearance of Frank C. Sluzis,
withdrawn effective immediately.
Date O?
for the Defendant, is
t
Frany C. Sluzis
Vcari emeCourt ID#43829
ngi & Scaringi, P.C.
2000 Linglestown Rd., Suite 106
Harrisburg, PA 17110
717-657-7770
frank(&scaringilaw.com
AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Viii. : CIVIL ACTION - LAW
JAY B. HOLLAND, : NO. 2005-3336
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE
I, Mary L. Snyder, law clerk for Scaringi & Scaringi, P.C., do hereby certify that the Petition
for Leave to Withdraw as Counsel in the above-captioned action has been duly served via United
States First Class mail as follows:
Michael A. Scherer, Esq.
19 West South Street
Carlisle, PA 17013
Jay Holland
PO Box 946
Martinez, CA 94553
Date: 2009 C#CtA" SON??' -
Mary L. S er, Law erk
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AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAY B. HOLLAND,
DEFENDANT NO. 05-3336 CIVIL
ORDER OF COURT
AND NOW, this 30th day of January, 2009, upon consideration of the request of
the parties and the distance the Father has to travel with regard to visiting Pennsylvania
on February 6, 7, and 8 and March 6, 7, and 8,
IT IS HEREBY ORDERED AND DIRECTED that Father shall have partial
custody of Kyle and Aaron on Friday, February 6, 2009, from after school until 8:30 p.m.
and on Saturday, February 7, 2009, from 12:00 noon until 12:00 noon Sunday, February
8, 2009.
IT IS FURTHER ORDERED AND DIRECTED that Father shall have partial
custody of Kyle and Aaron on Friday, March 6, 2009, from after school until 8:30 p.m.
and on Saturday, March 7, 2009 from 12:00 noon until 12:00 noon Sunday, March 8,
2009.
By the Court,
N-? M. L. Ebert, Jr., J.
Z Michael Scherer, Esquire
Attorney for Plaintiff
./ Jay Holland, Defendant
P. O. Box 946
Martinez, CA 94553
Frank C. Sluzis, Esquire
Attorney for Defendant
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V/
AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
JAY B. HOLLAND, : NO. 2005-3336
Defendant : IN CUSTODY
AMENDED PETITION FOR LEAVE TO WITHDRAW AS COUNSEL
AND NOW, comes the Petitioner, Frank C. Sluzis who respectfully petitions the Court as
follows:
1. Petitioner requests permission to withdraw as counsel in the above-captioned
action.
2. Defendant has advised Petitioner that he no longer wishes Petitioner to represent
him in the above-captioned matter.
3. Petitioner cannot continue to represent Defendant in accordance with the Rules of
Professional Conduct.
4. A Court Order dated January 30, 2009 detailed Defendant's partial custody
schedule for his February and March visits to Pennsylvania.
5. Petitioner has sought and received concurrence to this Petition from Plaintiff s
counsel, Michael Scherer.
. 4
F
WHEREFORE, the undersigned counsel respectfully requests that this Honorable
Court order and decree the appearance of Frank C. Sluzis, Esquire, counsel for the Defendant, is
withdrawn effective immediately.
Date V V
rank C. Sluzis I
Supreme Court ID#43829
Scaringi & Scaringi, P.C.
2000 Linglestown Rd., Suite 106
Harrisburg, PA 17110
717-657-7770
frankkscaringilaw.com
r ./ ., .
AMY J. HOLLAND,
Plaintiff
V.
JAY B. HOLLAND,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2005-3336
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Mary L. Snyder, law clerk for Scaringi & Scaringi, P.C., do hereby certify that the Petition
for Leave to Withdraw as Counsel in the above-captioned action has been duly served via United
States First Class mail as follows:
Michael A. Scherer, Esq.
19 West South Street
Carlisle, PA 17013
Jay Holland
PO Box 946
Martinez, CA 94553
1 , 2009
Ak?,"
Date:
??'
Mary L. Snyd aw Clerk
C' ? c7
xn
7 2
AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAY B. HOLLAND,
DEFENDANT NO. 05-3336 CIVIL
ORDER OF COURT
AND NOW, this 23rd day of February, 2009, upon consideration of the Petition to
Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND
DIRECTED that:
1. A Rule is issued upon the Parties to show cause why the Petitioner should not
be granted permission to withdraw as counsel of record;
2. The Parties will file an answer on or before March 16, 2009;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting
Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, the
Court will determine if hearing or further Order of Court is needed
4. The Prothonotary is directed to forward said Answer to this Court.
ZFranck C. Sluzis, Esquire
Petitioner
/chael Scherer, Esquire
Attorney for Plaintiff
?-/Jay B. Holland, Defendant
P. O. Box 946
Martinez, CA 94553
bas
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By the Court,
M. L. Ebert, Jr., J.
:o !1 CZ 10 2A 6 0 a Z
I
1 A
AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
JAY B. HOLLAND, : NO. 2005-3336
Defendant : IN CUSTODY
PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes the Petitioner, Frank C. Sluzis, Esquire, and moves this Honorable
Court to grant his Petition to Make Rule Absolute and, in support thereof, presents the following:
1. On February 13, 2009, the undersigned filed his Petition for Leave to Withdraw as
Counsel and served it upon Defendant, Jay B. Holland, via first-class U.S. Mail.
2. On February 23, 2009, this Honorable Court issued a Rule upon both parties to show
cause why the Petition to Withdraw as Counsel should not be granted. (Exhibit A)
3. The Court's Rule ordered that an answer be filed on or before March, 16, 2009.
(Exhibit A)
4. The Rule was served upon all parties by United States, First Class Mail on February
24, 2009 as evidenced by the attached exhibit "B".
5. As of the date of filing this Petition, none of the parties has responded to the Court's
Rule and it appears that none will be forthcoming.
WHEREFORE, Petitioner respectfully requests that this Honorable Court grant his
Petition to Make Rule Absolute and grant his leave to withdraw as Counsel for Defendant.
?caringi & Scaringi, P.C.
2000 Linglestown Road, Suite
Harrisburg, PA 17110
717-657-7770
frank&scaringilaw.com
AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAY B. HOLLAND,
DEFENDANT NO. 05-3336 CIVIL
ORDER OF COURT
AND NOW, this 23d day of February, 2009, upon consideration of the Petition to
Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND
DIRECTED that:
1. A Rule is issued upon the Parties to show cause why the Petitioner should not
be granted permission to withdraw as counsel of record;
2. The Parties will file an answer on or before March 16, 2009;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting
Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, the
Court will determine if hearing or further Order of Court is needed
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
\?, I - ?JA\
M. L. Ebert, Jr., J.
Franck C. Sluzis, Esquire
Petitioner
Michael Scherer, Esquire
Attorney for Plaintiff
Jay B. Holland, Defendant
P. O. Box 946
Martinez, CA 94553
bas
77 ?ib,A %A k
A`
Mona-
AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
JAY B. HOLLAND, : NO. 2005-3336
Defendant : IN CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
. SS:
I, Mary L. Snyder, law clerk for the Law Firm of Scaringi & Scaringi, P.C., hereby certify
that a true and correct copy of the Rule to Show Cause was served by placing said Rule in the
United States Mail, first class, postage prepaid to the following persons at the following address
and on February 24, 2009:
Michael A. Scherer, Esquire
19 West South Street
Carlisle, PA 17013
Jay Holland
PO Box 946
Martinez, CA 94553
'5a a
Dated
Sworn to an4 subscribed fore rrie
this day of 2009.
Notary Public
My Commission Expires:
MWA AL 9K
AKV0A L ?
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Oow"M &on
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Mary nyder, La Clerk
WlEyh, b,t "'VI
4 1 •
I , I -
AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
JAY B. HOLLAND, : NO. 2005-3336
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE
I, Mary L. Snyder, Law Clerk for the Law Firm of Scaringi & Scaringi, P.C., hereby
certify that I served a true and correct copy of the Petition to Make Rule Absolute and Proposed
Order, placing said Rule and Order in the United States Mail, first class, postage prepaid to the
following person at the following address and on the date set forth below:
Michael A. Scherer, Esquire
19 West South Street
Carlisle, PA 17013
Jay Holland
PO Box 946
Martinez, CA 94553
Date: '2009
Mary L. S yder
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MAR 2 6 2006
AMY J. HOLLAND, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
JAY B. HOLLAND, : NO. 2005-3336
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 110% day of , 2009, upon consideration of the within
Petition, the Rule is made absolute. Frank C. Sluzis, Esquire, is hereby granted leave to withdraw
as counsel of record for Defendant, Jay B. Holland.
BY THE COURT:
- ?? I, ?Alk J.
Distribution:
Frank C. Sluzis, Esquire, 00 Linglestown Road, Suite 106, Harrisburg, PA 17110; Phone 717-
657-7770; Fax 717-657-7 97; email frank@,scaringilaw.com
Michael A. Scherer, Esq., 19 West South Street, Carlisle, PA 17013, Phone 717-249-6873; Fax
717-249-5755;
/ay Holland, Respondent, PO Box 946, Martinez, CA 94553; Phone 925-228-6969
v
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AMY J. HOLLAND,
Plaintiff
V.
JAY B. HOLLAND,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 2005-3336
: CIVIL ACTION - LAW
: IN CUSTODY
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance as attorney in the above-captioned action for the Defendant,
JAY B. HOLLAND, per the March 27, 2009 Court Order.
Date: , 2009
2000 Linglestown Road, Suite 106
Harrisburg, Pennsylvania 17110
(717) 657-7770
FILED-QzFICE
OF THE PF'):4 INIOTARY
2009 APR -9 PM 1: 13
AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAY B. HOLLAND,
DEFENDANT NO. 05-3336 CIVIL
ORDER OF COURT
AND NOW, this 29th day of April, 2009, upon consideration of the Father's
proposed travel plans to Pennsylvania in May 2009,
IT IS HEREBY ORDERED AND DIRECTED that Father shall have partial
custody of Kyle and Aaron on:
A. May 1 - 4, 2009:
1. Friday, May 1, 2009, from after school until 8:30 p.m.
2. Saturday, May 2, 2009, from 12:00 p.m. until 12:00 p.m. Sunday, May 3,
2009.
3. Monday, May 4, 2009, from 3:00 p.m. to 8: 30 p.m. in order to participate in
reunification counseling. The Father shall pick up the children at 3:00 p.m., take them
to the reunification counseling session and return the children by 8:30 p.m.
T
IT IS FURTHER ORDERED AND DIRECTED that regarding transportation offfie
children:.
A. Father will be authorized to pick up the children at their schools duriml e
above stated visits.
B. All other exchanges of the children shall take place in the parking lot of the
Carlisle Borough Police Department located at 240 Lincoln Street, Carlisle.
By the Court,
M. L. Ebert, Jr., J.
9 1 :-g 'j 6Z ?l V, 6l'.°Z
( a?
./Michael Scherer, Esquire
Attorney for Plaintiff
./Jay Holland, Defendant, Pro Se
P. O. Box 946
Martinez, CA 94553
bas
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y/?4?a9
r' ? -14
AMY J. OLLAND, IN THE COURT OF COMMON PLEAS OF
LAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V
JAY B. OLLAND,
D FENDANT NO. 05-3336 CIVIL
ORDER OF COURT
D NOW, this 22"d day of May, 2009, upon consideration of the Father's
request for visitation, Mother's reply thereto and the recommendation of Counselor
Jamie
IT MS HEREBY ORDERED AND DIRECTED that Father shall have partial
custody of Kyle and Aaron on Monday, June 1, 2009, after school from 3:00 p.m. until
8:30 p.m. Father is authorized to pick up children at their school and accompany them
to the reunification counseling session.
IT IS FURTHER ORDERED AND DIRECTED that Father shall complete one
more reun fication counseling session with Jamie Orris in July 2009. Assuming the
reunificati n counseling session goes well, Father will be authorized to have the
children visit him in California in August 2009.
IT IS FURTHER ORDERED AND DIRECTED that if the parties are unable to
reach agreement with regard to visitation and/or custody, all future requests will be filed
in accordance with Rules of Civil Procedure 1915.1 et. seq. regarding Actions for
Custody and Visitation of Minor Children.
By the Court, --t ? -
'v`
M. L. Ebert, Jr., J.
-- Michael S&
Attorney for
, Esquire
J?; I+ ?lino
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AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
JAY B. HOLLAND, NO. 2005-3336 CIVIL TERM
Respondent IN CUSTODY
PETITION TO SUSPEND CUSTODY
AND NOW, comes the Petitioner, Amy J. Holland, by and through her attorneys,
O'BRIEN, BARIC & SCHERER, and files the within Petition to Suspend Custody and, in
support thereof, sets forth the following:
1. Petitioner is Amy J. Holland (hereinafter, "Mother"), an adult individual residing
at 701 Highland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania 17065.
2. Respondent is Jay B. Holland (hereinafter, "Father"), an adult individual who
whose address is P.O. Box 946, Martinez, California 94553.
3. The parties are the parents of three minor children, Eric C. Holland, born March
29, 1993, Aaron B. Holland, born February 23, 1995 and Kyle A. Holland, born January 16, 1997.
4. On October 31, 2008, a hearing was held before the Honorable M.L. Ebert, Jr.
regarding father's desire to re-establish a relationship with his children, whom he had not seen or
contacted for a period of about two years.
5. The October 31, 2008 hearing resulted in an Order of even date providing father
with partial physical custody of the two youngest children on November 1, 2008.
6. The oldest child, Eric, then age 15, was not required to spend any time with father
because Eric explained to the Court in chambers (jury deliberation room) that Eric did not wish to
have a relationship with his father because of the way his father had treated his mother and
because of the physical abuse father perpetrated against Eric while the family was intact.
7. An Order was thereafter entered on December 15, 2008 requiring the father to
participate in reunification counseling and establishing a schedule for him to have partial physical
custody.
Several subsequent Order were entered identifying further times during which
father would have partial physical custody of the two youngest children.
9. In the Spring of 2009 father requested permission to fly the two youngest boys to
California for a visit with father at father's home.
10. On May 22, 2009, an Order was entered which directed that one more
reunification counseling session was to occur in July, 2009, and it allowed father to have the
children visit him in California in August, 2009 provided the reunification counseling went well.
11. Prior to the reunification counseling session in July, 2009, father confiscated from
Kyle the cell phone which father had previously given to Kyle, which had been the only means of
communication between father and the children.
12. On July 23, 2009, Jamie Orris, reunification counselor at Guidance Associates,
wrote this Honorable Court a letter wherein she stated that:
a. Father canceled the July, 2009 reunification counseling session;
b. Father forbid Jamie Orris to have any contact with the children;
c. Father directed Guidance Associates not to contact mother to inform her that
the reunification counseling session had been canceled by father (so as to inconvenience mother
who transports the children to the reunification counseling sessions). The July 23, 2009 letter is
attached hereto as "Exhibit A."
13. No trip to California occurred and the children have not spoken to or had any
contact with their father since approximately June, 2009.
14. On September 11, 2009, Jamie Orris wrote this Honorable Court another letter,
which stated that:
a. Father misrepresented statements of Jaime Orris and distorted her comments as
well.
b. Father was angry with his children.
c. Father deliberately cut off the line of communication he had with the children;
i.e. the cell phone.
d. Father had sabotaged any relationship he was developing with Kyle and Aaron.
e. Kyle and Aaron are now being counseled by Jaime Orris for the negative
feelings of hurt, mistrust and abandonment that they suffer as a result of the actions of their
father.
f. Jaime Orris is unsure if father will be able to have any relationship with his
boys since they will be reluctant to trust him enough to again risk feeling abandoned and rejected.
15. Father's behavior demonstrates his antisocial personality, his deep seeded anger
when events don't occur in the manner father would orchestrate them, his need for control and his
lack of regard for the emotional well-being of the children.
16. It is not in the children's best interest to see their father at this time.
17. It is not in the children's best interest to have contact with their father at this time.
18. Prior to the hearing on October 31, 2009, father arrived at Kyle's school,
unannounced, and without permission from or notification to mother, took Kyle after school and
kept him until early evening. This incident occurred after father was absent from Kyle's life for
two years.
19. Mother is concerned that father will repeat this incident or engage in some other
dishonorable behavior at some point in the future unless prohibited by this Court.
WHEREFORE, mother respectfully requests that this Honorable Court:
A. Award her sole legal custody; and,
B. Primary physical custody; and,
C. Suspend father's physical custody rights pending further Order of Court; and,
D. Enjoin father from being present at the children's schools and activities without
further Order of Court. Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Mice A. cherer, Esquire
I.D. No. 61974
19 W. South Street
Carlisle, PA 17013
VERIFICATION
I, Amy J. Holland, verify that the statements made in the foregoing Petition to Suspend
Custody 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 falsifications to authorities.
W-/ / f AW&d
y .Holland
/?v?? Petitioner
Date:
CERTIFICATE OF SERVICE
I hereby certify that on September 30, 2009, I, Michael A. Scherer, Esquire, of
O'BRIEN, BARIC & SCHERER, did serve the Petition to Suspend Custody by first class U.S.
mail, postage prepaid, to the party's attorney listed below, as follows:
Jay B. Holland
P.O. Box 946
Martinez, CA 94553
AaefAk"!Scherer, Esquire
Attorney for Petitioner
RLED-OFIRM
OF THE PROP40NO
209 OCT -1 PM 3: 10
P NNXVA IA.
x
AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAY B. HOLLAND, ;
DEFENDANT NO. 05-3336 CIVIL
ORDER OF COURT
AND NOW, this 6th day of October, 2009, upon consideration of Amy Holland's
Petition to Suspend Custody,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon Jay B. Holland to show cause why the relief requested
by the Petitioner should not be granted;
2. The Defendant shall file an Answer to Petitioner's Motion on or before
November 6, 2009;
3. A Hearing on the matter shall be held on Wednesday, January 20, 2010, at
10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
4. Pending further Order of Court, Amy Holland shall have full legal and physical
custody of the children, Eric C. Holland, born March 29, 1993, Aaron B. Holland, born
February 23, 1995, and Kyle A. Holland, born January 16, 1997
5. Plaintiff shall serve a copy of this Order on the Defendant and provide proof of
service to the Court.
By the Court,
'& -? - L-kM4
M. L. Ebert, Jr., J.
Michael Scherer Esquire
Attorney for Plaintiff
?Jay Holland, Defendant, Pro Se
P. O. Box 946
Martinez, CA 94553
bas
Fi ELD't- r rr.r
L? ,.a ! ,L..
! ;i s!
2069 OCT -6 PPI 2.5 6
Amy J. Holland
Plaintiff
Jay B Holland
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 2005-3336 CIVIL TERM
IN CUSTODY
ANSWER TO PETITION TO MODIFY CUSTODY
AND NOW, comes the Respondent, Jay B. Holland, in Pro Per and files the within
Answer to Petition for Custody Modification and sets forth the following in support thereof:
1. Your Respondent (hereinafter, "Father"), is the above named Defendant, Jay B.
Holland, an adult individual whose mailing address is P.O. Box 946 Martinez, Ca. 94553.
2. Your Petitioner (hereinafter "Mother") is the above named Plaintiff, Amy J. Holland,
an adult individual residing at 701 Highland Ave., Mt. Holly Springs, Cumberland County,
Pa. 17065.
3. The parties are the natural parents of three children, namely, Eric Charles Holland,
born March 29, 1993, Aaron Bradley Holland, born February 23, 1995, and Kyle Alexander,
born January 16, 1997.
4. On or about July 1, 2005 the Parties entered into and recorded a Custody Stipulation
and Agreement.This Agreement provided for shared legal custody of the children and
alternating physical custody on a weekly basis of the two younger children, Aaron and Kyle.
The Agreement was made an Order of the Court on July 19, 2005
5. On or about September 20, 2005 the parties entered into and recorded a modified
Custody Stipulation and Agreement. This new agreement provided for shared legal custody of
the children and partial custody with Aaron and Kyle on alternating weekends, alternating
Mondays as well as various holidays. This was made an Order on May 26, 2006
6. A Conciliation Conference was held on May 16, 2008 without Fathers knowledge or
participation. Mother made false statements to Conciliator regarding contact with Father.
These were shown to be false by evidence introduced at hearing of Oct. 31, 2008.
7. Mother provided false testimony at hearing of Oct. 31, 2008 regarding disappearance of
phone provided to Kyle Holland in Jan. 2008.
8. Father has completed Anger Management classes as was required by Stipulated
Agreement and subsequent Order of May 26, 2006.
9. A hearing was held on Oct. 31, 2008. At this hearing this Court ordered reunification
counseling for Father and children. In addition Father was allowed to provide a new cell
phone to children with specific instructions for allotted time for children to contact Father.
This instruction went unheeded; Father has had less than 10 phone conversations with
children between Nov 2008-June 2009
10. Father began reunification counseling with Jamie Orris of Guidance Associates of Pa. on
Nov. 20, 2008.
11. Mother resisted and delayed children's participation in ordered reunification counseling,
requiring this Court to issue a subsequent order on Dec. 15, 2008 for reunification and
specifying that reunification would take precedence over other activities
12. Children did not begin reunification counseling until Feb. 2009.
13. Mother has continually undertaken a campaign of alienation of children from Father. The
tactics included harassment of Father during visitation exchange, using children as conduit for
messages to Father, having children unavailable for visitation with Father during his June trip
to Pa. for the scheduled reunification session.
WHEREFORE, Father respectfully requests that this Honorable Court,
A) Deny Mother's Petition for Custody Modification.
B) Restore custody to shared legal and physical.
C) Provide a bi-monthly visitation order/schedule between father and children.
D) Order Mother to be evaluated and counseled for her parental alienation efforts.
E) Order children to be evaluated and counseled for effects of Mothers campaign of
alienation.
sub ' d
*pper
P.O. Box 94
6
Martinez, Ca. 94553
(925)212-6687
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements subject to the penalties of 18 Pa.C.S Section 4904,
relating to unsworn falsifications to authorities.
DATE:
JA' II/tIOLLAND, Defendant
ALFD-Ut=rl ;
OF ?NF RR' T ",??ARY
2004 OCT 30 P.M 2: 17
Ct?° NITY
}
AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2005-3336 CIVIL TERM
JAY B. HOLLAND, CIVIL ACTION-LAW
Respondent : IN CUSTODY
PETITION TO AUTHORIZE SERVICE VIA FIRST CLASS MAIL
AND NOW, comes the Petitioner, Amy J. Holland, by and through her attorneys,
O'BRIEN, BARIC & SCHERER, and files the within Petition To Authorize Service Via
First Class Mail and, in support thereof, sets forth the following:
1. Petitioner is Amy J. Holland (hereinafter, "Mother"), an adult individual
residing at 701 Highland Avenue, Mount Holly Springs, Cumberland County,
Pennsylvania 17065.
2. Respondent is Jay B. Holland (hereinafter, "Father"), an adult individual
whose address is P.O. Box 946, Martinez, California 94553.
3. The parties are the parents of three minor children, Eric C. Holland, born
March 29, 1993, Aaron B. Holland, born February 23, 1995 and Kyle A. Holland, born
January 16, 1997.
4. On October 6, 2009, this Honorable Court entered an Order in response to
Mother's Petition to Suspend Custody, which Order is attached as "Exhibit A."
5. Paragraph five of the October 6, 2009 Order requires undersigned counsel
to serve Father with the Order and to provide proof of service to the Court.
6. Presumably the Court wants service by a sheriff or in the form of mail
where a receipt with Father's signature is produced, although the Rules allow for service
of legal documents other than original process by first class mail, postage prepaid. See
Pa.R.C.P. 440(a)(2)(i), where service is complete by mailing a copy of the document to
the address endorsed on a prior pleading of the opposing party.
7. Father has used the following address on his prior pleadings and
correspondence to the Court: "Jay Holland, P.O. Box 946, Martinez, California 94553."
8. Undersigned counsel attempted to serve father at P.O. Box 946, Martinez,
California 94553 by certified mail, however, the mail was returned "UNC" or unclaimed.
See attached "Exhibit B."
9. At the time of the filing of Mother's Petition to Suspend Custody, purusant
to local rules, undersigned counsel supplied the prothonotary with an envelope
addressed to Father at P.O. Box 946, Martinez, California 94553 for purposes of the
prothonotary forwarding a copy of the October 6, 2009 Order to Father. The envelope
had undersigned counsel's return address on it.
10. The envelope referred to in paragraph nine was not returned to
undersigned counsel as undeliverable.
11. It is the opinion of undersigned counsel that the October 6, 2009 Order
was delivered to Father's Post Office Box and that father is refusing to claim
undersigned counsel's certified correspondence.
12. The Honorable M.L. Ebert, Jr. is assigned to this case.
13. Father will not communicate with undersigned counsel and presumably he
opposes this Petition.
WHEREFORE, undersigned counsel respectfully requests that this Honorable
Court enter and Order than provides that Father is served with the October 6, 2009
Order upon compliance with PA.R.C.P. 440(a)(2)(i).
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
l - /j
Micha I S r, Esquire
I.D. 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Petitioner
AMY J. HOLLAND,
PLAINTIFF
V.
JAY B. HOLLAND,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-3336 CIVIL
ORDER OF COURT
AND NOW, this 6th day of October, 2009, upon consideration of Amy Holland's
Petition to Suspend Custody,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon Jay B. Holland to show cause why the relief requested
by the Petitioner should not be granted;
2. The Defendant shall file an Answer to Petitioner's Motion on or before
November 6, 2009;
3. A Hearing on the matter shall be held on Wednesday, January 20, 2010, at
10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
4. Pending further Order of Court, Amy Holland shall have full legal and physical
custody of the children, Eric C. Holland, born March 29, 1993, Aaron B. Holland, born
February 23, 1995, and Kyle A. Holland, born January 16, 1997
5. Plaintiff shall serve a copy of this Order on the Defendant and provide proof of
service to the Court.
In T p c t', r,?....; i
? >:??,:._., s i?, v u;;??.v sup r:,y hand
and the seal c- . -'_-t;r a-11 Carlisle, Pa.
This .. ? Ca, of.6c? .........
rot tonotary,
By the Court,
'& lt, ?,
M. L. Ebert, Jr., J.
Michael Scherer, Esquire Lupahtv . 1W41
Attorney for Plaintiff "EXHIBIT A" 0
se,
Jay Holland, Defendant, Pro Se
P. 0. Box 946
Martinez, CA 94553
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"EXHIBIT B"
CERTIFICATE OF SERVICE
I hereby certify that on November 25, 2009, I, Jennifer S. Lindsay, secretary at
O'Brien, Baric & Scherer, did serve a copy of the Petition To Authorize Service Via First
Class Mail, by first class U.S. mail, postage prepaid, to the party listed below, as
follows:
Jay Holland
P.O. Box 946
Martinez, California 94553
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OF THE NARY
20H R? 26 f ; 3• l 4
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NOV 3 U 2009
AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2005-3336 CIVIL TERM
JAY B. HOLLAND, CIVIL ACTION-LAW
Respondent IN CUSTODY
ORDER OF COURT
AND NOW, this 36* day of IVc614. , 2009, upon consideration of
the within Petition to Authorize Service Via First Class Mail, service shall be deemed
complete to satisfy paragraph five of our October 6, 2009 Order upon compliance with
Pa.R.C.P. 440(a)(2)(i).
Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, Pennsylvania 17013
Jay Holland
P.O. Box 946
Martinez, California 94553
BY THE COURT,
k ?, ? -
M.L. Ebert, Jr. J.
-,TAPY
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4
AMY J. HOLLAND,
Petitioner
V.
JAY B. HOLLAND,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-3336 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that on December 3, 2009, I, Michael A. Scherer, Esquire of O'Brien,
Baric & Scherer, did serve a copy of the Order dated October 6, 2009, by first class U.S.
mail, postage prepaid, to the party listed below, as follows:
Jay Holland
P.O. Box 946
Martinez, California 94553
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ichael A. Scherer, Esquire
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2099 DEC -3 AM I I : 11
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AMY J. HOLLAND, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAY B. HOLLAND,
DEFENDANT NO. 05-3336 CIVIL
ORDER OF COURT
AND NOW, this 20th day of January, 2010, upon consideration of the Petition to
Suspend Custody and the Respondent's Answer thereto and after hearing,
IT IS HEREBY ORDERED AND DIRECTED that:
1. Amy J. Holland shall have sole legal and primary physical custody of the
children: Eric C. Holland, born March 29, 1993, Aaron B. Holland, born February 23,
1995, and Kyle A. Holland, born January 16, 1997;
2. Respondent, Jay B. Holland, shall not be present at the children's schools or
activities without prior approval of this Court.
3. Amy J. Holland shall not prevent reasonable telephonic, electronic or mail
contact between the children and Jay B. Holland; provided the manner and extent of
such communication between Jay B. Holland and the children, given their mature ages,
will be at the discretion of the children.
Michael Scherer, Esquire
Attorney for Plaintiff
? Jay Holland, Defendant, Pro Se
P. O. Box 946
Martinez, CA 94553 r
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By the Court,
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M. L. Ebert
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AMY J. HOLLAND,
PLAINTIFF
V.
JAY B. HOLLAND,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-3336 CIVIL
ORDER OF COURT
AND NOW, this 201h day of January, 2010, upon consideration of the Petition to
Suspend Custody and the Respondent's Answer thereto and after hearing,
IT IS HEREBY ORDERED AND DIRECTED that:
1. Amy J. Holland shall have sole legal and primary physical custody of the
children: Eric C. Holland, born March 29, 1993, Aaron B. Holland, born February 23,
1995, and Kyle A. Holland, born January 16, 1997;
2. Respondent, Jay B. Holland, shall not be present at the children's schools or
activities without prior approval of this Court.
3. Amy J. Holland shall not prevent reasonable telephonic, electronic or mail
contact between the children and Jay B. Holland; provided the manner and extent of
M. L. EBERT, JR.
JUDGE
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1 COURTHOUSE SQUARE • RM 405
CARLISLE PA 17013
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VII MY VOW1
$ 00.4,
MAILED FR A4 ZIP CODE
Jay Holland, Defendant
P. O. Box 946
Martinez, CA 94553
MI-XIM %4S CC i '0es 05. 015110
RETURN TO SENDER
NOT DEU2VERAGLE AS ADDRESSED
UNAGLE TO FORWARD
SC: 17013333905 *0119-01.539--22-37