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HomeMy WebLinkAbout00-00446 ..........L-lIil.'II;I,"", t :,_1f TERRY D. HOLLEN PLAINTIFF V. STEPHANIE A. HOLLEN DEFENDANT IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-446 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 20, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, May 17, 2001 at 9:00 a.m. 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/ Dawn S. Sunday. Esq.bh 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , ~.......~... ,- .. =~~< -- = FiLtu-OFRCE ()~ l' .'''-''''''''H0rIO-'\R,:{ I~ 1~"'" L,,!\ l' I , II" , ,t I~ 11- ,.}" ',,-' , . 0 I APR 2 5 ~.M III I 0 CUMBE:RLAND GOUNlY PENNSYLVANIA 1f~-tJl M ~~ jIA-~ ~ 4' 5~./ L/X-{)/ '1bta ~ ;{; 411' ~c)s'{)1 tW /U-J/ ~ 41- ~1 -~- - r ,~ -,--~., ~ ~ -""- , ~ ~_~""JWlI1r1"WJ~",-I>w~'_""",,..-w~~NIl-_' , ' " _,_~" _~!II1''!'_~~~;m'",~lIllP@~ I, , . . Elizabeth A. Hoffman, Esquire 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 TERRY D. HOLLEN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 446 CIVIL TERM STEPHANIE A. HOLLEN, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of attached Petition to Modify Custody Order, it is hereby directed that the parties and their respective counsel appear before , the conciliator at on the day of 2001, at a.m.lp.m., 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. FOR THE COURT Date: Custody Conference Officer 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 749-3166 , _1 ~ .J2' o 0 TERRY D. HOLLEN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 446 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY STEPHANIE A HOLLEN, Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURTo If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief required by the Plaintiff. You may lose money or property or other rights important to you. 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. Office of the Court Administrator Courthouse, 4th Floor Carlisle, PA 17013 (717) 240-6200 ~"'" . . Elizabeth A. Hoffman, Esquire 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 TERRY D. HOLLEN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 446 CIVIL TERM STEPHANIE A. HOLLEN, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER 1. Terry D:Hollen (hereinafter "Father") is an adult individual whose current address is 137 Sample Bridge Road, Mechanicsburg, PA 17055 2. Stephanie A. Hollen (hereinafter "Mother") is an adult individual whose current address is P.O. Box 1336, Mechanicsburg, Pennsylvania 17055. 3. Mother and Father are the natural parents of the following minor child: Child Cody Hollen DOB 9/21/97 4. On March 27, 2000, this Honorable Court entered a custody order granting shared physical custody to Mother and Father. (See Exhibit "A"). 5. During the past five years, the minor child has lived with the following persons in the following places: Mother and Father Walnut Lane Carlisle, PA Birth to 5/98 Mother and Father 25 South Letort Drive Carlisle, PA 17013 5/98 to 1/2000 __l . . Father 25 South Letort Drive Carlisle, PA 17013 1/2000 to 11/2000 Mother P.O. Box 1336 Mechanicsburg, PA 17055 2/2000 to present Father 137 Sample Bridge Road Mechanicsburg, PA 17055 11/2000 to present 6. Each parent is being notified of this action. There are no other persons known to have or claim to have a right to custody or visitation of the child, and therefore no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 7. Father seeks modification of the custody order for the following reasons: a. Mother has begun living with a boyfriend who has physically abused Mother on at least two occasions. After the last incident, Mother called Father to pick up the minor child from her home and Father is currently keeping the child in his custody. b. For the above reason and others which will be presented at a custody conference, Father believes it is in the best interests of the child to grant Father primary physical custody. WHEREFORE, Father requests that this Honorable Court enter a modified custody order which grants Father primary physical custody of the child. 2 nL. Respectfully submitted, I Eliza th A. Hoffman, Attorney for Plaintiff 106 Walnut Street Harrisburg, PA 17101 717-236-2956 Attorney 10 #71000 3 MAR' 2 7200a-V' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRY D. HOLLEN, Plaintiff No. 2000-446 CIVIL TERM v. STEPHANIE A. HOLLEN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2 Tthday of d^f\tl'""l" ~ . ,2000, upon consideration of the attached Stipulation for Entry of a Custody Order dated March 24, 2000, IT IS HEREBY ORDERED AND DECREED that the terms thereof are approved and that custody is awarded as set forth in the Stipulation with the same force and effect as if the terms had been decreed by the Court following an Evidentiary Hearing. BY THE COURT: /5/ ji12/(() J..);. , ." ) :. ,,-,J ..-~ fKHIl5/T 4- L~ ,....,;.=~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRY D. HOLLEN, Plaintiff No. 2000-446 CIVIL TERM v. STEPHANIE A. HOLLEN, Defendant IN CUSTODY STIPULATION FOR ENTRY OF A CUSTODY ORDER STEPHANIE A. HOLLEN (hereinafter referred to as "MOTHER"), and TERRY D. HOLLEN (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody with respect to the child, CODY T. HOLLEN, born September 21, 1997, the minor child involved in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody of CODY as follows: I. LEGAL CUSTODY (a) MOTHER and FATHER agree to share legal custody of their child, CODY. All decisions affecting the child's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following an harmonious policy in the child's best interest. These decisions include, but are not limited to, religious, educational and medical. (b) Each parent agrees to keep the other informed of the progress of the child's education and social adjustments. Each parent agrees to give support to the other in the role as parent and to take into account the concerns of the other for the physical and emotional well-being of the child. .~~I, ~-, ., (c) While in the presence of the child, neither parent shall ma1<e, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. (d) It shall be the obligation of each parent to ma1<e the child available to the other in accordance with the physical custody schedule and to encourage him to participate in the plan hereby agreed and ordered. (e) Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. Each parent shall provide the other with a current telephone number and address for said contact. (f) The parents shall communicate directly with one another concerning any parenting issues requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may, from time to time, become necessary. (g) With regard to any emergency decisions which must be made, the parent with physical custody of the child at the time shall be permitted to ma1<e the decision necessitated by the emergency without consulting the other parent in advance. However, the parent with physical custody making an emergency decision shall inform the other of the emergency and consult with herlhim as soon as possible. Day-to-day decisions of a routine nature, including those related to medical care, shall be the responsibility of the parent having physical custody at the time. (h) Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include. but are not limited to, medical reports, academic and school report cards. birth certificates, etc. Both parents may, and are encouraged to, attend school conferences and activities, as their ~ ",1'0 ~~ ", schedules permit. (i) Neither parent shall schedule activities or appointments for the child which would require his attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. (j) Neither parent shall use illegal drugs, nor shall they abuse alcohol during their periods of custody. II. PHYSICAL CUSTODY The parents agree that they shall equally share physical custody of the minor child. Over a two (2) week period, the custody schedule shall be as follows: (a) Beginning the week of March 24, 2000, FATHER shall have custody Friday, Saturday, Sunday and Monday. FATHER shall ta1<e the child to daycare on Tuesday moming. MOTHER shall have custody Tuesday, Wednesday and Thursday. MOTHER shall ta1<e the child to daycare on Friday morning. (b) Beginning the week of March 31, 2000, FATHER shall have custody Friday. MOTHER shall have custody Saturday at noon until Sunday at 7:00 p.m.. FATHER shall have custody Monday, and shall take the child to daycare Tuesday morning. MOTHER shall have custody Tuesday, Wednesday and Thursday, and shall ta1<e the child to daycare Friday morning. The parents agree that the child will attend the Mechanicsburg Learning Center for daycare unless both parents mutually agree upon an alternate daycare. . The foregoing schedule shall continue through the end of August, 2000, at which time the parents may agree to continue this schedule, or either parent may request a Conciliation Conference. _I ~ J . . (c) Both parents shall have two (2) weeks of summer custody of the minor child each year. These weeks need not be taken consecutively. The parents shall give each other written notice of their chosen weekes) for summer custody. In the event that both parents choose the same weekes), the parent who gives first notice shall prevail. Holidavs and Soecial Occasions (d) MOTHER shall have the Fourth of July each year, FATHER shall have Labor Day each :'ear. The hours shall be from 9:00 a.m. until 9'00 p.m. unless otherwise agT<:ed by the parents (e) The parents shall alternate Memorial Day each year from 9:00 a.m. until 9:00 p.m. In 2000 and in all even years thereafter, FATHER shall have Memorial Day. In 2001 and in all odd years thereafter, MOTHER shall have Memorial Day. (f) MOTHER shall have Easter from 1 :00 p.m. until 7:00 p.m. each year. (g) MOTHER shall have Thanksgiving until 4:00 p.m. each year, and FATHER shall have Thanksgiving from 4:00 p.m. until the Saturday after Thanksgiving if MOTHER' s weekend, or until Tuesday morning if FATHER's weekend when he shall take the child to daycare. (h) The Christmas holiday shall be divided into two (2) periods. In 2000 and in all even years thereafter, MOTHER shall have from noon on Christmas Eve until noon on Christmas Day, and FA TIlER shall have from noon on Christmas Day until the following day. In 2001 and in all odd years thereafter, MOTHER shall have from noon until 10:00 p.m. on Christmas Eve. and F ATHER shall have from 10:00 p.m. on Christmas Eve until noon on Christmas Day, after which MOTHER has the remainder of Christmas Day. (i) MOTHER shall have the minor child on Mother's Day and FATHER shall have the minor child on Father's Day, regardless of the usual schedule. These hours shall be from 9:00 a.m. until 7:00 p.m. '~~l~ _~_. U) Both parents shall have the opportunity to see the minor child on his birthday each year, September 21 st. (k) The schedules for all holidays, special occasions and vacations shall take priority over the regular shared custody schedule. III. TRANSPORTATION All transportation shall be provided by WOTHER until FA TIlER has a valid driver's license. After that time, the parent who is receiving custody shall provide the transportation. IV. TELEPHONE PRIVILEGES The parents agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted reasonable telephone access to place calls to his parents. V. MODlFICA nON Both parents agree that, by their mutual consent. an expanded or altered schedule may be agreed upon between them for and in the best interests of their minor child. VI. ENTRY OF ORDER OF COURT The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County for approval and for entry of an Order awarding custody and partial custody as set forth herein, and the parents hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry ofa Custody Order on the date indicated below. "'.)L.1CG ~") < I- Date -z.L . I /~() ~ ~vJ~ Wit s I ~.{ I , "," "".. .. . ~".,,' VERIFICATION I verify that the statements made in the attached Petition to Modify Custody Order 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.SA ~4904, relating to unsworn falsification to authorities. Date: 3 \~ (] \ ~cu~t-- Terry . Hollen ~ .~'"~~""""""'" CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached Petition to Modify Custody Order was delivered by U.S. mail to: Stephanie A. Hollen P.O. Box 1336 Mechanicsburg, PA 17055 Date: f/ltp/o I ~~ 1_ c; ::J ::; "" t"" ~ N ~~--..>~ ~:::!.~ ~ ~ o-.lg. 2 ~ · ~ ~ = :I: -'" -" ~~E'< >- ~)>-+e;' "'-~,... = ~::!:l: ~ ~ ~~-+ <: ~ '" a:: '" >- ~ 2: c ~-81Hd" , " . . , (XP~) 6SS~-~8~ (L lL) . 9,6~'98~ (L lL) . LOLLl V,d. '6Jf}qs!..ueH .J.aeJ+~ .J.nu['eM 901 . . "''''1,:4. AaUlO!l3V NVHililOH 'V H~!IIIVZI13' . , , C) , '. L, , . ~ ~ ~ :') '-,' co, ~ ~& :~c; __ ,I_ ) <;) -'-.' , , ., "- ~ ~:;C:) ., () ~ "!..J ..c- ,'- r;,' '"lOr! ~ """":- "'I --,~ .' -< en 'JJ -....c:. ~ -< p .::> , Elizabeth A. Hoffman, Esquire 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 TERRY D. HOLLEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 4'-110 CIVIL STEPHANIE A. HOLLEN, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of attached Complaint in Custody, it is hereby directed that the parties and their respective counsel appear before ~ rx~ T,)~, the conciliator at ~~5,\~th5t\O,},rilffi.~~ PA IfDll ,ont e 30 day of \'f\tllU .h- 20 0, at 3-,otJ a.m.~., 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. FOR THE COURT Date: ---LJd-\o 1(1) . \1U-dvu-Q Custody Conference Offi r 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 749-3166 "l .~.- ~ '-"""" -, 1:ILr:r. J."'1i--:-'IJ,'vr:c i U..)'-I..,..';, '-- .... Ot: TH~ ~:'n:~i l"Jn~\IO JPHY ,j; """ ,,-~,' , , ' '-" 00 1"'12"1 P"j 2" "6 .JHr' '" I . t~ CUMBERiJ,ljD COUi\ITY PENNSYLVAi~IA )c;J/'CJC) M. ~~ ~ .k 4- ~~ ~~01f1" _ ~~~fi1_~~" I-a)-OJ /-cl)-O{) "" , ,.~ , n"'l""'r'~~~~~~~-' '~'"""" ,,""' "" ~ _....~",'-lII! ,-, ,", , l......-" , TERRY D. HOLLEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000- CIVIL STEPHANIE A. HOLLEN, Defendant CIVIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief required by the Plaintiff. You may lose money or property or other rights important to you. 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. Office of the Court Administrator Courthouse, 4th Floor Carlisle, PA 17013 (717) 240-6200 , Elizabeth A. Hoffman, Esquire 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 TERRY D. HOLLEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 'f<l{" CIVIL STEPHANIEA. HOLLEN, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT IN CUSTODY 1. Terry 0, Hollen (hereinafter "Father") is an adult individual whose current address is 25 South Letort Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2, Stephanie A. Hollen (hereinafter "Mother") is an adult individual whose current address is 25 South Letort Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Mother and Father are the natural parents of the following minor child: Child Cody Hollen DOB 9/21/97 4. Father intends to separate from Mother and seeks to obtain primary physical custody of the minor child. 5. During the past five years, the minor child has lived in the following places: Place Walnut Lane Carlisle, PA Dates Birth to 5/98 25 South Letort Drive Carlisle, PA 17013 5/98 to present 6. Each parent is being notified of this action. There are no other persons known to have or claim to have a right to custody or visitation of the child, and therefore no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named L.... herein. 7. Father seeks a custody order for the following reasons: a. Mother has serious a drug and alcohol problem which has resulted in her placing the child's welfare at risk. She has been disappearing for several days at a time on a weekly basis. Furthermore, she overdosed at least three times in the past year. b. Mother is often verbally abusive to the child as well as to her other two children, Chelsea Sheeder, age 8 years, and Chris Dietz, age 14 years, who were borne of different fathers. WHEREFORE, Father seeks a Custody Order which grants him primary physical custody of the minor child Cody Hollen. Respectfully submitted, 2 :..:.L-, VERIFICATION I verify that the statements made in the attached Complaint in 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.A. ~4904, relating to unsworn falsification to authorities. Date: l~ill 00 I ~ "f) JJL ~ D. Hollen CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached Complaint in Custody was delivered by certified, restricted mail to: Date: Stephanie A. Hollen 25 South Letort Street Carlisle, PA 17013 Elizabeth A. Hoffman, Esquire Attorney for Plaintiff Supreme Ct.ID#71000 106 Walnut Street Harrisburg, PA 17101 717-236-2956 -L....- . '" tl '" c: 9'I~ ~ '" 0 - >-...- ~~. z ~ I:l:I o..lS-o td . c.., ~ .., ;. t:I ...,.. ~!f:l nl 1oloi :::!" ir.... >- :j)>8~. '" - 5. t;' II: ~=~~~ ~ore ~>l; .. ~ '" Z :::; :::! . I o o , , i ,~ , ~ {flOOD' 9 g N'l'1n, , ~~~ ~ ~~ ~ ~ ..0 o ~ r-1 ~ 0J (" C:A, ~ ~ ~ - ~-~ "",.-;c";"," 0 0 C C:J ;;:",,, t_ ~)Q~ )::7" rr1-n 21". ::~ ._::.u ZC N ~'"\:,: .c;- ~'CI <-- - ""CJ ~- ,,/'(1 ~'"'" ZC' ~;{--= Ci? ~ N .-J .:.:..r .' ~ o .., -~? ;'1'1?1 "'-;1"-" ~:-'ll:j ~?i,~~} ~;(i:) (5(11 ~ ~ .~ . -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRY D. HOLLEN, Plaintiff No. 2000-446 CIVIL TERM v. STEPHANIE A. HOLLEN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2.. rz l+aaYOf 1J\Ij ;:> , r J1 ,2000, upon consideration of the attached Stipulation for Entry of a Custody Order dated March 24, 2000, IT IS HEREBY ORDERED AND DECREED that the terms thereof are approved and that custody is awarded as set forth in the Stipulation with the same force and effect as if the terms had been decreed by the Court following an Evidentiary Hearing. BY THE COURT: ,~ ' ~~mn' " ~lliaili.i,",~w~'''~'~ " ."",.~,~ ~A1!i1!!JM!l\Iiill""'ilfiIIIE@lJ.~ '", ~-"' ".., ~, L[ ""'-'illl \!It-Ni\II\SNN3d I ii'\nr{") nhf\,n~.r:Jq1.Nn'1 J\J... ~,,\,J'v '__ ,.' I. -' .-.,'.. ~ j \~, .,p .-J I' , 0:1. .v r~(j 0" ,"",' 01' l..)G Q~~ti lj l\JU""." ,..' ' . ., f\uIJ.lU\\U\'--j.,"\w:":';::' :~I"U_ 38\:bO--CE11i::i ~o . . 'I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRY D. HOLLEN, Plaintiff No. 2000-446 CIVIL TERM v. STEPHANIE A. HOLLEN, Defendant IN CUSTODY STIPULATION FOR ENTRY OF A CUSTODY ORDER STEPHANIE A. HOLLEN (hereinafter referred to as "MOTHER"), and TERRY D. HOLLEN (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody with respect to the child, CODY T. HOLLEN, born September 21, 1997, the minor child involved in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody of CODY as follows: I. LEGAL CUSTODY (a) MOTHER and FATHER agree to share legal custody of their child, CODY. All decisions affecting the child's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following an harmonious policy in the child's best interest. These decisions include, but are not limited to, religious, educational and medical. (b) Each parent agrees to keep the other informed of the progress of the child's education and social adjustments. Each parent agrees to give support to the other in the role as parent and to take into account the concerns of the other for the physical and emotional well-being of the child. . -" ' ,~ , . -~ I (c) While in the presence of the child, neither parent shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. (d) It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage him to participate in the plan hereby agreed and ordered. (e) Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. Each parent shall provide the other with a current telephone number and address for said contact. (f) The parents shall communicate directly with one another concerning any parenting issues requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may, from time to time, become necessary. (g) With regard to any emergency decisions which must be made, the parent with physical custody of the child at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent with physical custody making an emergency decision shall inform the other of the emergency and consult with her/him as soon as possible. Day-to-day decisions of a routine nature, including those related to medical care, shall be the responsibility of the parent having physical custody at the time. (h) Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may, and are encouraged to, attend school conferences and activities, as their -'-, '," ~ ' schedules permit. (i) Neither parent shall schedule activities or appointments for the child which would require his attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. G) Neither parent shall use illegal drugs, nor shall they abuse alcohol during their periods of custody. II. PHYSICAL CUSTODY The parents agree that they shall equally share physical custody of the minor child. Over a two (2) week period, the custody schedule shall be as follows: (a) Beginning the week of March 24,2000, FATHER shall have custody Friday, Saturday, Sunday and Monday. FATHER shall take the child to daycare on Tuesday morning. MOTHER shall have custody Tuesday, Wednesday and Thursday. MOTHER shall take the child to daycare on Friday morning. (b) Beginning the week of March 31,2000, FATHER shall have custody Friday. MOTHER shall have custody Saturday at noon until Sunday at 7:00 p.m.. FATHER shall have custody Monday, and shall take the child to daycare Tuesday morning. MOTHER shall have custody Tuesday, Wednesday and Thursday, and shall take the child to daycare Friday morning. The parents agree that the child will attend the Mechanicsburg Learning Center for daycare unless both parents mutually agree upon an alternate daycare. The foregoing schedule shall continue through the end of August, 2000, at which time the parents may agree to continue this schedule, or either parent may request a Conciliation Conference. ~ , , ~ , ;,,, '".1. .. .,-', (c) Both parents shall have two (2) weeks of summer custody of the minor child each year. These weeks need not be taken consecutively. The parents shall give each other written notice of their chosen weekes) for summer custody. In the event that both parents choose the same weekes), the parent who gives first notice shall prevail. Holidavs and Special Occasions (d) MOTHER shall have the Fourth of July each year, FATHER shall have Labor Day each year. The hours shall be from 9:00 a.m. until 9:00 p.m. unless otherwise agreed by the parents (e) The parents shall alternate Memorial Day each year from 9:00 a.m. until 9:00 p.m. In 2000 and in all even years thereafter, FATHER shall have Memorial Day. In 2001 and in all odd years thereafter, MOTHER shall have Memorial Day. (f) MOTHER shall have Easter from 1:00 p.m. until 7:00 p.m. each year. (g) MOTHER shall have Thanksgiving until 4:00 p.m. each year, and FATHER shall have Thanksgiving from 4:00 p.m. until the Saturday after Thanksgiving if MOTHER's weekend, or until Tuesday morning if FATHER's weekend when he shall take the child to daycare. (h) The Christmas holiday shall be divided into two (2) periods. In 2000 and in all even years thereafter, MOTHER shall have from noon on Christmas Eve until noon on Christmas Day, and FATHER shall have from noon on Christmas Day until the following day. In 2001 and in all odd years thereafter, MOTHER shall have from noon until 10:00 p.m. on Christmas Eve, and FATHER shall have from 10:00 p.m. on Christmas Eve until noon on Christmas Day, after which MOTHER has the remainder of Christmas Day. (i) MOTHER shall have the minor child on Mother's Day and FATHER shall have the minor child on Father's Day, regardless of the usual schedule. These hours shall be from 9:00 a.m. until 7:00 p.m. .'- . "I' """".,;..1 -'" G) Both parents shall have the opportunity to see the minor child on his birthday each year, September 21 st. (k) The schedules for all holidays, special occasions and vacations shall take priority over the regular shared custody schedule. III. TRANSPORTATION All transportation shall be provided by MOTHER until FA THERhas a valid driver's license. After that time, the parent who is receiving custody shall provide the transportation. IV. TELEPHONE PRIVILEGES The parents agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted reasonable telephone access to place calls to his parents. V. MODIFICATION Both parents agree that, by their mutua! consent, an expanded or altered schedule may be agreed upon between them for and in the best interests of their minor child. VI. ENTRY OF ORDER OF COURT The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County for approval and for entry of an Order awarding custody and partial custody as set forth herein, and the parents hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody I . Order on the date indicated below. 3-~L~CO Date '2.[.., (, lcJ ~ . . . ar1ilcnllw-pliLL ANIE A. H LEN ~~,~ ~D~~ ..".1 ..1 I I ! , ! ~~'" . JliJj~.m ~ ,,~ mlillliltlirlJ . ~~, ~' """M ilIMlillitiiliili.~ '-oilI!l~ il ,"4 ~,,'~'" '" " ~ < -'~~.iIllio!M"~~-' ~".-..i_'~ (') c: -0 ti~; fT,;",': ;(" :~J ~3i r-, ~ ~, j>~ Z....1 o >c -" L, =< "'""," " c::; c.:) ,~, -n ':--~;: l""..) ~:~{~ ~'--r, t.;;,:""!:! ~;O (jrn -, p ::x:J -< ..., -n ~- ~ N C) 1>' . ...'~"~~ " ....:~I MAR 2 9 2000 TERRY D. HOLLEN, Plaintiff vs. ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO, 2000-446 CIVIL STEPHANIE A. HOLLEN, Defendant CIVIL ACTION - LAW ORDER AND NOW this;) lJ/... day of !ltAJ.. , 2000, it being reported to the Conciliator that the parties have reached an agreement which makes further proceedings unnecessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wishes further proceedings in this action, they should petition the Court anew. FOR THE COURT, ~~~ MICHAEL L. BANG Custody Conciliator cc: Elizabeth A. Hoffman, Esquire Legal Services, Inc. ~~l!IIwIi'1li;\i;IJIL;n\,~",!j!MM!gjIi!lilll.II!Isi~jIj~iiltii!;i'W~,..~)i!ilile!~~;;.j,U .~ ~- >- Q':; ;::s wQ 0"'::'- --(-) ~~~, 69-~ l~C~ '~:-~ i:::-: LL. o ~- ~'" ~" - 11f N ;:: Z 54: o~ '> O::.J ~i; &? S.Z CCZ u.JUJ CO 0- ~ o ,- ~ o C) C:~ ~ z: o o Iill!JI . ~ "= ~,~. C) c:: o?Ji c ' s:: z ,. -Ow if; ~ !;2rr;:::<:: ;1';:1 2::n~~ ())~~(~ ~'~~o ;,,--.,.... ?l; S5: j;O '-i_ c: --c_ :z: =< "" is 'f? ,~ :.,;:} $ .... ~fil ..C) -g:) fll I"\);:::~<, -'-, ~ 1:i"< -< . ......".J_~ 'h . TERRY D. 1l0LLEN, . IN THE COURT OF COMMON PLEAS OF . plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 00-446 CIVIL TERM . : STEPHANIE A. HOLLEN, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . ORDER OF CXXlRT AND NCM, this 7 ~ \ .\ day of lA-17 i\ consideration of the attached CUstody Conciliatio and directed as follows: , 2001, upon Report, it is ordered 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by Arnold Shienvold, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations concerning interim and ongoing custody arrangement which will best serve the interests of the Child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Father shall be responsible for all costs of the evaluation. The parties shall follow all recommendations of the evaluator concerning temporary interim custody arrangements pending completion of the evaluation. 2. pending receipt of the evaluator's interim custody recommendations and completion of the custody evaluation, the parties shall have custody of the Child on a temporary basis, without prejudice to either party's position on custody, in accordance with the following schedule: A. The Mother; shall have custody of the Child on alternating weekends, beginning May 26, 2001, from Saturday at 12:00 noon throug/;l Sunday at 7:00 p.m. B. In addition, the Mother shall have custody of the Child on any day when the Mother can make arrangements to pick up the Child from day care, from 3:30 p.m. through 8:00 p.m. The Father shall pick up the Child from the Mother's residence at 8:00 p.m. The Mother shall provide at least 3 days advance notice to the Father of her intent to exercise her right to custody on a weekday under this provision. C. The Father shall have custody of the Child at all times not otherwise specified for the Mother under this provision. 3. The Mother shall discourage all contact between the Child and Shawn Bowers and shall ensure that the Child is not exposed during the Mother's periods of custody to violence or serious conflict between the Mother and Shawn Bowers. '~';"""~~~ilfJlima-mili-ElLllii@lfJ,llil&IJI"lltilll!iIl1!1(fltilil;.~llitJ~'-'I",ta;t.I8::ii"",~M~'-"LX ",^ .ii - -~'t."~ ' . , I" \;1i~\;\t\l\';f\il\l:Jd I ,'\'nl"'\l"" -,. l,_f" 'OJ \.U ~ I\,).~) (li\i!'f"::.J".';~\I,J\ln,", " ',:'i,,"'V', ,_J I' U' ,;, '" h." ""I ' ,,:... -', ~jJ'''; . 1") "'.'\' i, J..t!\/.LC;,\' i! , , 4. within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. 5. 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. BY THE COURT, ,;J. cc: Elizabeth A. Hoffman, Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother ~ ~ o,;t.<(~61 ~' _.1 t . TERRY D. HOLLEN, . IN THE OOURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. : NO. 00-446 CIVIL TERM : STEPHANIE A. HOLLEN, : CIVIL ACTION - LAW Defendant . IN CUSTODY . PRIOR JUDGE: J. wesley Oler, Jr. CUSTODY . ClK:ILIATI(X\J SUMMARY REPORT IN ACCORDANCE WITH aJMBERLAND COONTY RULE OF CIVIL PROCEOORE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRElilTLY IN CUSTODY OF Cody Hollen September 21, 1997 Father/Mother 2. A Conciliation Conference was held on May 17, 2001, with the following individuals in attendance: The Father, Terry D. Hollen, with his counsel, Elizabeth A. Hoffman, Esquire, and the Mother, Stephanie A. Hollen, with her counsel, Joan Carey, Esquire. fh{J~ ,;11 do7JJ Date --U I 3. The parties agreed to entry of an Order in the form as attached. ~~ CUstody Conciliator