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TINA M. HILL,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . CUSTODY
NO, 96 - ~~('I CIVIL T'", ,n
vs,
STEVEN R. HOLLENBAUGH,
Defendant.
081lEB.....0.ECOUBI
AND NOW, upon consideration of the attached Petition, It Is hereby directed that
the parties and their respective counsel appear before flu/.). d X. c.,to '( ,
Es~ulre, the Conciliator, on the I, day of ,"'IV I 1996, at
0'.30 o'clock ~,m" In rai/;!"" Fl.". C..,"/.Il'.... I".t( Cc.dl)' Co...,, tyj(.V'iit'. .
Cumberland County, Pennsylvania, 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 shall also be present at the Conference. Failure to appear at the
Conference may provide grounds for the entry of a Temporary or Permanent Order,
BY THE COURT,
Date:
t, 'j;} ,~~
~ /Iu/.;t~ x. !~!kjMJI JSIi'U
Custody Conclllat
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
(717) 240-6200
AMERICANS WITH DISABIUTIES ACT OF 1110
The Court of Common Pleas 01 Cumbe~and Counly, Pennsylvania, Is required by law 10 comply with Ihe
Americans with Disabilities Act of 1990. For Information aboul accessible facllitlfls and reasonable accommodations
available to disabled Individuals having business before the court, please contact our office, All arrangements must
be made 1l11..s1 72 hours prior 10 any healing or busille~s llelore Ihe Court, I
BY THE COURT: I,
Dete:
J,
'~..pllllll~'~I)I)"N\HIIII.I\NII^''''U flIl.
A. Since on or about January 31, 1995, with Richard and Marie Hollenbaugh
at 1141 Easy Road, Carlisle, Pennsylvania;
8, From July of 1993, to on or about January 31, 1995, with Plaintiff, Tina Marie
HIli, Steve White and Tiara HIli, at Lot 126, Orchard Hili Trailer Park, Shermansdale, Perry County,
Pennsylvania;
C. From September of 1992, until July of 1993, with Tina Marie HIli, Steven
White and Tiara Hili, at Twin Hill Road, Dillsburg, Pennsylvania;
D, From June of 1992, until September of 1992, with Tina Marie Hili, Steven
White and Tiara Hili, at 554 Hilltop Road, York Springs, Pennsylvania;
E, From 1989 until June Of 1992, at Conodoguinet Mobile Estates In Newville,
with Tine Marie Hill, Kenneth Hill and Tiara Hill,
The mother of the child is TINA MARIE HILL, currently residing at 521 Concord
Street, Columbia, York County. Pennsylvania, She is divorced,
The father of the child is STEVEN R. HOLLENBAUGH, currently residing at R. D.
#2, 80x 114-8, Newville, Cumberland County, Pennsylvania, He is single,
4, The relationship of the Plaintiff to the child Is that of natural mother, The
Plaintiff currently resides with James Gallo, a friend, at 521 Concord Street, Columbia, York
County, Pennsylvania,
5. The relationship of the Defendar.t to the child is that of natural father, It Is
not known with whom Defendant currentiy resides, but he is believed to reside at R. D, #2, 80x
114-8, Newville, Cumberland County, Pennsylvania,
.1
,,\wp~I"IW/~I)()( '8\lIlllll;NIIAI" III .1111.
6. Plaintiff has participated as a party or witness, or another capacity In other
litigation concerning child In this Court and the Court of Common Pleas of Perry County.
Attached hereto as Exhibit "A" Is an Order of March 13, 1991, entered by the Honbrable Harold
E. Sheely to No. 66 Juvenile, 1986,
Attached hereto as Exhibit "B" Is an Order of January 31, 1995, entered by the
Honorable Keith B, Quigley, to No. 95-22 In the Court of Common Pleas of Perry County,
awarding primary physical custody 01 STEVEN R. HOLLENBAUGH, JR. to his father, STEVEN
R. HOLLENBAUGH. The Order further provides that the Mother. TINA M. HILL, Is to have 110
contact of any nature with the child until further Order at Court,
Attached hereto as Exhibit "C" Is the Petition to modify Custody Order of Tina M.
Hili, flied March 6, 1996, to docket No. 95-22, In the Court of Common Pleas of Perry County,
Pennsylvania,
7. The custody conciliation in the Perry County action scheduled for April 12,
1996, was continued by agreement of the parties to enable this action to be comme"ced and
litigated In Cumberland County,
8. The Plaintiff knows 01 people not a party to the proctledlngs who may
custody or visitation rights with respect to the child. These people are the paternal
grandpal'ents, RICHARD AND MARIE HOLLENBAUGH, and their addres& Is 1141 Easy Road,
Carlisle, Pennsylvania 17013,
9. The best Interest and permanent welfare of the child will be served by
granting the relief requested because the Plaintiff, TINA M. HILL, had been the primary
4
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TINA M. HILL,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
VB.
STEVEN R. HOLLENBAUGH,
Defendant.
NO. 96 .JO'i:l'1 CIVIL '~rll'
fBAECI.fEJ:
'ffBl.S.
To the Prothonotary;
Kindly allow, TINA M. HILL to proceed In forma pauparls.
I, JAMES D. FLOWER, JR., attorney lor TINA M. HILL, proceeding In forma
pauperis, certify that I believe the party is unable to pay the costs and that I am providing
free legal services to the party. The party has been screened by Legal Services, Inc., and
referred to me under the Cumberland County Bar Association Pro Bono system. The party's
affidavit st>.owlng Inability to pay the costs of litigation 15 attached hereto.
FLOWER, MORGENTHAL. FLOWER & LINDSAY
Attorneys for Plaintiff
,..... "
~~ '\
ames 0, Flower, Jr., Esqu e
11 East High Street
arllsle, PA 17013
717) 243-5513
1.0. #27742
., Iwp~\ IJDrJIUlOCBIHILI., In
, ,
TINA M. HILL,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V6.
STEVEN R. HOLLENBAUGH,
Defendant.
NO. 96 .J(l~"1 CIVIL
AEEJ..DAm~~
1. I am the Plaintiff In the above matter and because of my llnanc/al
condition, I am unable to pay the fees and costs of prosecuting, defending, or appealing the
action or proceeding,
2, I am unable to obtain funds lrom anyone, Including my/our family and
associates, to pay the costs of litigation,
3. I represent that the Inlormatlon below relating to my ability to pay the
fees and costs Is true and correct.
(a)
Name: .-\~'" (( ..\,\\
Address: S:;\ ('U'Cc)(1 ',J"(":~'"'~)\'n
Social Security Number: .,>)C " f). \,C'IL.r(
If you are presently employed, state:
Employer: TJ, [' ( I I J j, \ I '
Address; ( I ( , I '.1 111 It I It 'l .
\ (, I \ I. I 1).It t\ \ 1,1\ ,
Salary or wages per month: ! J 11 J l t,
\J\ . I' /'j kJ...
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(b)
( )\/,),
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Type 01 work;
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If you are presently unemployed, state:
Date of last employment:
Salary or wages per month: _
Type of work:
(c) Other Income within the past twelve months:
Business or profession:
Other self.employment:
Interest:
Dividends:
Pension and annuities:
Social Security benefits:
Support payments:
Disability payments;
Unemployment compensation and supplemental benefits:
Workman's compensation;
Public Assistance:
Other:
(d) Other contributions to household support;
(WIfe) (Husband) Name;
If your (husband) (wile) Is employed, state: '
Employer:
Salary or wages per month:
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!JUt 1 8 1006 ~'f
'l'INA H. HILL, I IN THB COURT OF CONNON PLBAS OF
Plaintiff I CUHBBRLAND COUNTY, PBNNSYLVANIA
I
v. I CIVIL ACTION - LAW
I
STBVEN R. HOLLBNBAUGH, , NO. 96 - 3089 CIVIL TERN
Defendant I
I CIVIL ACTION - CUSTODY
COURT ORDE8
AND NOW, this t'l_ day of ..J~l...-~ , 1996, upon
consideration of the attached Custody concili\tion Report, it is
ordered and directed as followsl
1. The Hother, Tina M. Hill, and the Father, Steven R.
Hollenbaugh, along with the minor child, Steven Richard
Hollenbaugh, Jr., born September 29, 1984, shall immediately
commence family counseling with an agency as agreed upon by
legal counsel for the parties. It is the intention of this
counseling to promote a rebonding between the Mother and minor
child and to forthwith set up some type of graduating periods
of temporary custody when the minor child will be with the
Mother.
2. Counsel for the parties may contact the Custody Conciliator at
any time in the event the family counseling contemplated under
Paragraph 1 is not proceeding in a timely fashion, and the
Conciliator can exercise his discretion in scheduling another
conference in order to facilitate the Mother's opportunities.
to have temporary custody with the minor child.
BY
THE COZR "
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'...._, ~
eel
James D. Flower, Jr., Esquire
Bradley L. Griffie, Esquire
- e"t..~~ (n.~<.f..<( I ?/,;u.Jq,.
. . J, P.
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'l'INA H. HILL, I IN '1'HE COUR'l' OF CONNON PLEAS OF
Plaintiff I CUHBERLANDCOUN'l'Y, PENNSYLVANIA
I ,
v. I CIVIL AC'l'ION - LAW
I
S'l'EVEN R. HOLLENBAUGH, I NO. 96 - 3089 CIVIL 'l'ERN
Defendant I
I CIVIL AC'1'ION - CUSroDY
CONCILIA'1'ION CONFERENCE SUNNARY REPOR'l'
IN ACCORDANCE WI'l'H CUMBERLAND COUN'l'Y CIVIL RULE OF PROCEDURE
1915.3-8(b}, the undersigned Custody Conciliator submits the
following report:
1. 'l'he information pertaining to the child who is subject of this
litigation is as follows,
Steven Richard Hollenbaugh, Jr., born September 29, 1984.
2. A Conciliation Conference was held on July 12, 1996, with the
following individuals in attendance,
'l'he Hother, '1'ina H. Hill, with her counsel, James Flower, Jr.
Esquire, and the Father, Steven R. Hollonbaugh, with his
counsel,. Bradley Griffie, Esquire.
3. 'l'he parties agreed to the entry of an order ill the form as
attached.
I} /("?ll(~
Date .
. ..
, ,
ti'
'Iii
'l'INA H. HILL, , IN 'l'HE COUR'l' OF COMMON PLEAS OF
Plaintiff , CUMBERLAND COUN'1'lt, PENNSltLVANIA
,
v. , CIVIL AC'l'ION - LAW
,
S'l'BVEN R. HOLLENBAUGH, , NO. 96 - 3089 CIVIL TERM
Defendant ,
, CIVIL ACTION - CUS'1'ODlt
COUR'1' ORDE,fi
:1:'1.' 1...
:~.f~:;at~~~1I of :he att~~hedfcu~/~~~C:~~~~11iation
ordered and directed as follows,
, 1996, upon
Report, it is
1.
A hearing is schedul$rJ in Courtroom '2 of the Cumberland
County Courthouse on the; lOLl, day of ,LL\.uffi~ ' 199 7 ,
at ~ L.m., at which time testimony in t e OV6"case will
be~. At this hearing, the Mother shall be the moving
party and shall proceed initially with testimony. Counsel for
the parties shall file with the Court and opposing counsel a
memorandum setting forth the history of custody in this oase,
eaoh party's position on the current issues in disputfol, a list
of witnessell that will testify for each party and a sununary of
the anticipated testimony of each witness. '1'his memorandum
shall be filed at least ten (10) daya prior to the hearing
date.
2.
Pending further Order of this Court, the priorj1rder entered
by the Honorable Keith B. Quigley shall rema ~ in effeot.
By the
/I. C/u
\
I II
~/ / ( tNL<l.il{J
, :;
'wer, Jr., Esluire
'riffie, Esqu re -
Edgar ~. Bay~ey,~ J.
~.."',. M'~LJ..) 1~/~/q6
( ,~. (J .
TINA M. HILL,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 3089 CIVIL TERM
CIVIL ACTION - CUSTODY
v.
STEVEN R. HOLLENBAUGH,
Defendant
PRIOR JUDGEI
HONORABLE EDGAR B. BAYLEY
CONCILIATION CONFERENCE SUHHARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b}, the undersigned Custody Conciliator submits the
following report I
1. The information pertaining to the child who is subject of this
litigation is as followsI
Steven Richard Hollenbaugh, Jr., born September 29, 1984
2. A Conciliation Conference was held on November 25, 1996, with
the following individuals in attendancel The Mother, Tina M.
Hill, with her counsel, James Flower, Jr., Esquire, and the
Father, Steven R. Hollenbaugh, with hiB counsel, Bradley
Griffie.
3. There waB a long hiBtory in thiB case concerning cUBtody back
and forth between the parties. The Father haB had cUBtody of
the minor child exclusively for the paBt year or more. The
child, who iB 12 yearB old, vigorously oppoBes any type of
contact whatBoever with the Mother.
4. Counsel for the parties had the partieB and the minor child
enter into Bome counseling with Sally Rooney. ThiB counaeling
haB not generated any type of movement on the child'B part
whereby he is willing to go to visit the Mother.
S. The Mother believeB that the Court should require some type of
viBitation with her. She is not requeBting custody. She iB
requesting Bome type of minimal viBitation that would,
hopefully, expand in the future to a more regular standard
type of viBitation with the child.
6. The Father asserts that the child is adamant that he does not
want to Bee the Mother. The Father believes that any contact
with the Mother will have an adverBe impact on the child and,
possibly, adversely impact the Father's current good
relationBhip with the child.
t:\wp5IVUI;UUN.N.'!Ntl)J IY.NIIAIIlIU.IIIWTlUAI MI'MCI
TINA M, HILL,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. CUSTODY
vs.
Sl'EVEN R. HOLLENBAUGH,
Defendant.
NO, 96. 30B9 CIVIL
I. HISTORY
This custody matter concerns STEVEN RICHARD HOLLENBAUGH, JR., age 12,
boi'n September 29, 1984, On January 31, 1995, the Honorable Keith B, Quigley, President
Judge of the Court of Common Pleas 01 Perry County, entered an Order awarding primary
physical custody 01 the child to his lather, STEVEN R. HOLLENBAUGH, and providing that
TINA M. HILL was to have no contact of any nature with the child unlil further Order of Court,
There has, In lact, been no direct contact between Plaintiff and the child since that date, Plaintiff
liled a Petition to modify the Order in Perry County on March 6, 1996, It was subsequently
agreed by the parties that this matter could be~l be tried In Cumberland County, and two
custody conciliations have been held, with the last being on November 25, 1996. Since then,
the Honorable Edgar B, Bayley entered an Order dated January 21,1997, directing STEVEN R.
HOLLENBAUGH to take his son to a counseling session, at which time Plaintiff was to be In
attendance, This counseling session has not yet been held,
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also with Mother's other child who was placed in the custody of that child's father, Until
the child was placed in his father's custody by Order dated January 31, 1995, the child had
never spent an entire school year in one school district.
Since January I. 1995, Father has had primary custody of his son but has also used
the services of his father and step-mother, the child's paternal grandparents, An
arrangement has been e~tablished which i~ extremely stable for the child providing that the
child attends school on many days from his grandparents, particularly due to Father's
rotating shift work schedule, The child has now been in the same school for two entire
years. he is involved in many extrll.curricular activities, and he has more stability than he
has ever known in his life, Under the circumstances. the child has absolutely refused to
initiate any type of physical contact with his mother,
In an effort to facilitate some type of accommodation where the child would have
contact with the Mother. Father engaged the counseling services of Sally Rooney, The
child has now been counseling with Sally Rooney and has complete confidence in her, He
expresses his deepest desires and interests to her and she is able to counsel him relative to
any problems, In that the child did not wish to have physical contact with Mother, the
counselor suggested to Mother that she initiate a relationship by sending cards and letters
to the child on a routine basis. even several times a week. so that the child would become
aware that her circumstances had supposedly changed, Although this suggestion was
made through counsel to Mother, she sell! one card over a three month period, After the
three month period had passed, she began again demanding that she have contact with her
son even though she had not implemented any of the sugsestions made by her son's
counselor, The child has taken an even stronger stance against seeing his Mother and she
hu done little or nothing to facilitate "breaking the Ice" in the relationship,
Now, based upon a conference with coun&el. the Court has entered an Order
providing that Father will deliver the r.hlld to the counselor and Mother will attend the
counseling session witit the child, The counselor has been made aware of this and a joint
counseling session has been scheduled for February 13. 1997,
II. DEFENDANT'S POSITION
Defendant's position in this matter is that the child should have some type of
relationship with his Mother, At the same time he fully understands what the child
endured in his Mother's custody the first ten years of his life and, therefore, understands
the child's unwillingness to simply involve himself in his Mother's life, Ever since these
proceedings began, Mother has had at least two residences and has had a physical
confrontation with her paramour; in other words il certainly appears that nothing has
changed in Mother's life and this is evident to the child, Therefore it is Father's position
that the contact at this point should be limited contact in front of the child's counselor,
"
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When the child feels comfortable with having some type of unsupervised visits then that
ii:
should be approved, Essentially, the counselor should have the authority to dictate when
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the child is prepared for that type of expanded contact and the relationship can be
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advanced accordingly,
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STEVEN R. HOLLENDAUGlI
I IN TilE COURT OF COMMON PLEAS
10F TilE 41ST JUDICIAL DISTRICT
IOF PENNSYLVANIA-
IPERRY COUNTY BRANCH
INO. 95-22
-,
V.
TINA M. IIILL
o R D..!...!!
AND NOW/ January 31, 1995/ this Court on a temporary
basis entered an award of custody in favor of fsther.
!
,
A ~~nferen~e
was scheduled this date and mother did not appear.
This Court having jurisdiction over the person in the
subject matter of this action/ it is Ordered and Directed
that primary custody of Steven 1I011enbaugh, Jr. be and is
hereby awarded to his father, steven Hollenbaugh, Sr.
The Court recognizing that the child is physically in
the custody of mother, 'l'ina M. Hill/ at this time, it is Directed
that the Sheriff lof Perry County make efforts to secure the
I
custody of the ',h,hild and return the child to the father, Steven
".
R. Hollenbaugh, in accordance with this Order. It is reApectfull
requested of all other law enforcement agencies wherever and
of whatever jurisdiction that said agende" assist the Sheriff
of Perry County in effecting the return of the child as aforesaid
upon the return of the child to the father/ the mother,
Tina M. lIill, shall have no contact of any nature with the
child until further Order of
IUINTff'8
, EXHlIlIT
P.J.
CCI Bradley Griffie. Esq.
Defendant
Sheriff
File
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V,
STEVEN R, HOLLENBAUGH
Defendant
IN THE COURT OF COMMON PLEAS OF
CllMBERL.AND COllNTY / Pf.NNSYLVANIA
CIVIL ACTION - LAW
TINA M, HILL
Plaint! ff
96-3089 CIVIl TERM
IN RE: HEARING CONTINUED
ORDER Of COURT
AND NOW, tl1is lOt/l doy of Fllbruory, 1997/ by
agreement of counsel, Hlis l1er.1f'ing is contilllle(j generolly to the
call of either porty for final disposition
./'7
By tile Court
" '
Edg-aTi3 ,Bo.yTey-,--J:--;:'-----
. James D. Flower / Jr, / Esquire . A
For Plainti ff . _ ~.v ('nv<..Jt,~
Brodley L. Griffie, Esquire
For Defendant
AII,;J./"~, ,
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TINA M. HILL,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
STEVEN R. HOLLENBAUGH,
DEFENDANT
96.3089 CIVIL TERM
P80r;R OF COUFJI
AND NOW, this 21st day of January, 1997, a hearing on the merlta of the within
case shall be conducted In Courtroom Number 2, Cumberland County COUr!h.:lUle,
Carlisle, at 2:00 p.m., Wednesday, April 23, 1997.
Edgar B. Bayley, J
Jam.. D. Flower, Jr., Esquire
For Plaintiff
- C~.., l~.t .'l/:J.ti/'n
Bradley L. Griffie, Esquire ., .~ (' ,
For Defendant
"
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