HomeMy WebLinkAbout02-1004
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYS'AT'!.AW
26 W. High Street
Carlisle. P A
ROBERT HOLTER and
LINDA HOLTER,
Petitioners
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. D;) -/1)07 CIVIL
CIVIL ACTION - VISITATION
CHRISTINA HOLTER,
Respondent
PETITION FOR VISITATION
AND NOW comes the Petitioners, Robert and Linda Holter,
by and through their attorneys, Saidis, Shuff, Flower &
Lindsay and respectfully aver the following:
1. Your Petitioners are Robert and Linda Holter, adult
individuals residing at 2131 Circle Road, Carlisle, Cumberland
County, Pennsylvania.
2. Your Respondent is Christina Holter, an adult
individual residing at 331 North College Street, Carlisle,
Cumberland, Pennsylvania.
3. The Petitioners are the grandparents of two
children, William Alexander Holter, date of birth 3/24/87 and
Derek Austin Holter, date of birth 3/27/90.
4. The Respondent is the natural mother of the subject
children.
5. The natural father of the subject children, Gregory
Dean Holter, was the son of the Petitioners, and died on
October 31, 1996; at the time of his death he was separated
from the Respondent.
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYSeAT.UW
26 W. High Street
Carlisle, PA
6. The Petitioners, at one time, had visitation and
contact with the children, and have not for the past year and
a half.
7. The children are presently in the custody of the
Respondent, who resides with her boyfriend.
8. The Petitioners also have a minor child, Jordan
Holter, age 12, who resides with them.
9. Petitioners have not participated as a party or a
witness, or in another capacity, in other litigation concerning
the custody of the children in this or another court.
10. The best interests and permanent welfare of the
children will be served by granting them visitation rights with
the children because they have been denied contact for the last
year and a half with the children by the Respondent. She has
physically kept the children away from them. Gifts were
purchased for the grandchildren, but since they were never
allowed to see their grandparents, they had to be returned to
the stores. She has moved out of the state with the children
and not advised the Petitioners of where they have gone and has
prevented any continuing relationship with their grandchildren.
The Petitioners would like to reestablish the relationship with
their grandchildren, especially while they are still in the
area.
2
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYS.ATeLAW
26 W. High Street
Carlisle, P A
WHEREFORE, Petitioners respectfully request Your Honorable
Court to enter an Order granting them periods of partial
physical custody/visitation for the children as the Court may
deem appropriate.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Dated:
d- ,;).'1-0",;(
3
VERIFICATION
I verify that the statements made in this Petition
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
falsification to authorities.
Dated:
<~-~If~~~
fl&!f?' 14&
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYSeAT.LAW
26 W. High Street
Carlisle. PA
VERIFICATION
I verify that the statements made in this Petition
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
falsification to authorities.
Dated:
,.1;.<10 V
,
;::t:. ~
~~. Holter
~
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNEYSeAT-LAW
26 W. High Street
Carlisle, P A
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PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
ROBERT HOLTER AND LINDA HOLTER
v.
02-1004 CIVIL ACTION LAW
CHRISTINA HOLTER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, March 07, 2002
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 03, 2002 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/
Jacqueline M. Verney. Esq:. OW'
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
HA VB 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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ROBERT HOLTER AND LINDA HOLTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-1004 CIVIL ACTION LAW
v.
CHRISTINA HOLTER,
Defendant
IN CUSTODY
PRELIMINARY OBJECTIONS
AND NOW, comes the Defendant, Christina Holter, by and through her attorneys, THE
LAW OFFICES OF PAUL BRADFORD ORR, Gregory 1. Cutler, Esquire, and Paul Bradford
Orr, Esquire, file these Preliminary Objections in accordance with Pa. R. Civ. P. 1028 and
respectfully avers as follows:
1. On March 1, 2002, a custody complaint was filed by Robert and Linda Holter
requesting visitation of their grandchildren, William A. Holter (born March 23,1987) and
Dereck A. Holter (born March 26, 1990).
2. On March 7,2002, an Order of Court was issued requiring all parties to appear at a
Pre-Hearing Custody Conference now scheduled for April 3, 2002.
3. On approximately March 9, 2002, the Defendant received the Order of Court dated
March 7, 2002, via regular mail.
4. On March 13, 2002, Plaintiffs' counsel sent the Defendant's counsel a complaint via
facsimile transmittal.
5. The above named Defendant, Christina Holter, was never served a copy of the custody
complaint filed by the Plaintiffs in this action as required by Pa. R. Civ. P. 1930.4.
6. On May 27, 1987 this Honorable Court granted legal and physical custody of William
A. Holter to Wayne Eugene Jewell and Pamela Dale Jewell. (Defendant's Exhibit "A").
Page 1 of 2
7. Wayne Eugene Jewell and Pamela Dale Jewell are necessary parties that the Plaintiff's
must include as Defendants, and who must be served pursuant to Pa. R. Civ. P. 1930.4.
WHEREFORE, the Defendant requests that the Complaint filed on March 1,2002, be
dismissed.
Respectfully Submitted,
THE LAW OFFICES OF PAUL BRADFORD ORR
Date: J /;}5" fr),
By4~!"~
Attorney for Defendant
50 East High Street
Carlisle, P A 17013
(717) 8-8558
up e ourt ID
Dore 3{ as[ 01-
aul Bradfor , Esquire
Attorney for Defendant
50 East High Street
Carlisle, P A 17013
(717) 258-8558
Supreme Court ID #71786
By:
Page 2 of 2
ROBERT HOLTER AND LINDA HOLTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
02-1004 CML ACTION LAW
CHRISTINA HOLTER,
Defendant
IN CUSTODY
CERTIFlCA TE OF SERVICE
I, Gregory L. Cutler, Esquire, hereby certify that a copy of the attached Preliminary
Objections was served upon the following by depositing a true and correct copy of the same in the
United States mail, first class, postage prepaid on the date referenced below and addressed as
follows:
Johnna J. Kopecky, Esquire
SAlDIS, SHUFF, FLOWER & LINDSAY
26 West High Street
Carlisle, PA 17013
Date: 3/J- S 1o:J--
HOLTER
IN THE COURT OF COMMON PLEAS OF
CUMBERLANO COUNTY, PENNSYLVANIA
CIVIL ACTION . CUSTODY
CIVIL 1987
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NOW, this.2'1 day of May, 1987, uponceview.of the
Petition for Custody, and the attached Consents
, it is hereby ordered and decreed that William Alexander
, born March 23, 1987, age two (2) months, be placed in the
and physical custody of Wayne Eugene Jewell and Pamela Dale'
" the maternal grandparents of the child.
..
itation with the parents of William Alexander Holter and
grandparents of said child shall be as the parties
8Y THE COURT,
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VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904, relating to
unsworn falsification to authorities.
DATE:
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Christina Holter, Defendant
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ROBERT HOLTER AND LINDA HOLTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
02- 1004 CML ACTION LAW
CHRISTINA HOLTER,
Defendant
IN CUSTODY
RULE TO SHOW CAUSE
AND NOW, this "2-" day of ~ .2002, upon consideration of the
Defendant's Preliminary Objections, it is hereby ORDERED that:
I. A Rule is issued upon the Plaintiffs to show cause why the Defendant is not
entitled to the relief requested;
2. ..,.,1.....~ . 1"4"'- ~h~lI flIp an A...()..~'O'.. t~tb.i P 1" ';ni~' Qbju~jQRO 'L11~1l ,,20) d...J... ...f
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ROBERT HOLTER AND
LINDA HOLTER,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTINA HOLTER,
DEFENDANT
02-1004 CIVIL TERM
AND NOW, this
ORDER OF COURT
l~r
day of April, 2002, the preliminary objections
of Christina Holter, to plaintiffs' complaint, ARE SUSTAINED.1
Court,
Johnna J. Kopecky, Esquire
F or Plaintiffs
Gregory L. Cutler, Esquire
For Defendant
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Jacqueline Verney, Esquire
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I This order renders moot the issues to be presented at the conciliation
conference now scheduled for April 3, 2002, which conference is cancelled.
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS'AT'LAW
26 W. High Street
Carlisle. P A
ROBERT HOLTER and
LINDA HOLTER,
Petitioners
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-1004 CIVil
: CIVil ACTION - VISITATION
CHRISTINA HOLTER,
WAYNE EUGENE JEWEll and
PAMELA DALE JEWELL, his
Wife,
Respondents
AMENDED PETITION FOR VISITATION
AND NOW comes the Petitioners, Robert and Linda Holter, by and through their
attorneys, Saidis, Shuff, Flower & Lindsay and respectfully aver the following:
1. Your Petitioners filed a Petition for Visitation on or about March 1,2002, for
visitation of William Alexander Holter date of birth 3-24-87 and Derek Austin Holter date of
birth 3-27-90.
2. After the filing of the Petition, it has come to the attention of the Petitioners
that there was a prior Order dated May 27, 1987 giving custody of one of the children,
William Alexander Holter to the maternal grandparents of the child, Wayne Eugene Jewell
and Pamela Dale Jewell.
3. The purpose of this Amended Petition is to join them as party.
WHEREFORE, Petitioners respectfully request Your Honorable Court to enter an Order
granting them periods of partial physical custodylvisitation for the children as the Court may
deem appropriate.
Respectfully submitted,
SAlOIS, SHUFF, I' ER &
Dated:
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John
Atto 1.0.#5 47
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Petitioners
Exhibit A
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WILLIAM ALEXANDER HOLTER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
CIVIL 1987
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ORDER OF COURT
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NOW, this.:21 day of May, 1987, upon review_of the
Petition for Custody,
and the attached Consents
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thereto,
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;' . legal and physical custody of Wayne Eugene Jewell and Pamela Dale'
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Holter, born March 23, 1987, age two (2l months, be placed in the
it is hereby ordered and decreed that William Alexander
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SHUFF, FLOWER
& LINDSAY
A1TORNEYS.AT.LAW
26 W. High Street
Carlisle, PA
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CERTIFICATE OF SERVICE
On this ~)day of ~ 2002, I, Johnna Kopecky, hereby certify that I
served a true and correct copy of the foregoing Amended Petition for Visitation via
United States Mail, postage prepaid, addressed as follows:
Paul Bradford Orr, Esquire
50 East High Street
Carlisle PA 17013
SAlOIS, SHUFF, FLOWER & LINDSAY
By:
Johnna . opecky
/.D. 3 7
26 st High Street
Carlisle PA 17013
(717) 243-6222
Counsel for Petitioners
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SHUFF, FLOWER
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ATJ'ORNEYS-ATeLAW
26 W. High Street
Carlisle. PA
ROBERT HOLTER and
LINDA HOLTER,
Petitioners
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-1004 CIVIL
CHRISTINA HOLTER,
WAYNE EUGENE JEWELL and
PAMELA DALE JEWELL, his
Wife,
: CIVIL ACTION - VISITATION
Respondents
ACCEPTANCE OF SERVICE
I, PAUL BRADFORD ORR, Esquire due hereby accept service of the AMDENDED
PETITION FOR VISITATION of the above term and number on behalf of Christina Holter, Wayne
E"gene Jewell, and Pamela Dale Jewell, Respondents and 1) 'r)' am a
Dated: 4 ( 2. ~( 02- By'(J) .
Paul Bradford Orr, Esquire
50 East High Street
Carlisle PA 17013
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ROBERT HOLTER and
LINDA HOLTER,
Plaintiffs
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002-1004 CIVIL TERM
CHRISTINA HOLTER, : CIVIL ACTION - LAW
WAYNE EUGENE JEWELL and:
PAMELA DALE JEWELL, : VISIT A TION
Defendants
ORDER OF COURT
AND NOW, this '-r.}.. day of ~ ' 2002, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
I. The Order of Court dated May 27, 1987 is hereby vacated.
2. The Mother, Christina Holter, shall have sole legal and physical custody
of William Alexander Holter, born March 23, 1987 and Derek Austin Holter, born March
26, 1990.
3. Mother, children and paternal Grandparents shall submit themselves to
counselor, Richard Dracha for exploration and determination of whether it would be in
the children's best interest to have visitation with paternal Grandparents. Mother, for
herself and on behalf of the children and paternal Grandparents shall sign releases for Mr.
Dracha to share information with the parties and their respective attorneys. Paternal
Grandparents shall pay the expenses associated with their meetings with Mr. Dracha and
Mother shall pay the expenses associated with her meetings and the children's meetings
with Mr. Dracha.
4. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of this Order
by mutual consent. In the absence of mutual consent, the terms of this Order shall
control. Any party may contact the Conciliator for another Conciliation Conference.
J.
cc: Johnna J. Kopecky, Esquire, Counsel for paternal Grandparents
Paul Bradford Orr, Esquire, Counsel for Mother, maternal Grandparents
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ROBERT HOLTER and
LINDA HOLTER,
Plaintiffs
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 2002-1004 CIVIL TERM
CHRISTINA HOLTER, : CIVIL ACTION - LAW
WAYNE EUGENE JEWELL and:
PAMELA DALE JEWELL, : VISITATION
Defendants
PRIOR JUDGE: Edgar B. Bayley, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
I. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
William Alexander Holter
Derek Austin Holter
March 23, 1987
March 26, 1990
Mother
Mother
2. A Conciliation Conference was held in this matter on May 8, 2002 with
the following individuals in attendance: The paternal Grandparents, Robert Holter and
Linda Holter, with their counsel, Johnna 1. Kopecky, Esquire; the Mother, Christina
Holter and maternal Grandparents, Wayne Eugene Jewell and Pamela Dale Jewell were
not present but represented by their counsel, Paul Bradford Orr, Esquire who was present.
3. There are two prior Orders of Court. The Order dated May 27,1987
placed legal and physical custody of William Alexander Holter with the maternal
Grandparents. The Order of April I, 2002 sustained Mother's preliminary objections
objecting to the exclusion of maternal Grandparents from the litigation.
4.
The parties agreed to the entry of an Order in the form as attached.
5" - g- -0 ;v
Date
J, cqu me M. Verney, Esquire
Custody Conciliator
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