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Home My WebLink About03-5335 DANETTE A. HANZEL, PIaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 63:3 S CIVIL TERM ROBERT HOLLINGER, Defendant : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY I. PIaintiff is Danette A. Hanzel, an adult individual whose residence is at 42I Reno Avenue, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Robert Hollinger, an adult individual whose residence is at 6I6 Lewisberry Road, Fairview Township, York County, Pennsylvania. 3. Plaintifl' seeks custody of her child, AUSTIN DAVID HOLLINGER, currently residing at 421 Reno Avenue, New Cumberland, Cumberland County, Pennsylvania, whose date of birth is March 22, I 989. 4. The child presently is in the custody of Plaintiff. 5. Since the chiId's birth, the chiId has resided with the fol1owing over the past five years: Name Address Date Danette Hanzel 421 Reno Avenue, New Cumberland, P A 9/2000 to present Danette HanzeI 343 Herman Avenue, Lemoyne, P A 9/I998 to 9/2000 6. The natural mother of the chiId is Danette A. Hanzel, currentIy residing at the above-stated address. 7. The natural father of the child is Robert Hol1inger, currently residing at the above-stated address. 8. The relationship of the PIaintiffto the child is that of natural mother. 9. The relationship of the Defendant to the chiId is that of natural father. 10. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the chiId in this or any other court. II. PlaintifIhas no information of a custody proceeding concerning the child pending in a court of this Commonwealth. I2, The best interests and permanent welfare of the child will be served by granting the relief requested becausl: the Plaintiff is the primary care giver with respect to the chiId. I3. Each parent whose parental rights to the child have not been terminated and the person who has physicaI custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to order custody rights as follows: Primary physicaI custody of said chiId shalI be in the mother, subject to the following periods of partial custody with the father: (A) Every other weekend from Friday at 5:00 PM through Sunday at 7:00 PM; (B) Mother shalI have partial custody of the child from 8:00 AM through 8:00 PM on her birthday and Father shall have partial custody of the child from 8:00 AM through 8:00 PM on his birthday; (C) The party who does not otherwise have custody of the child shall have the child from 4:00 PM until 8:00 PM on the birthday of the child; (D) Alternating division of Christmas Day with the Mother to have the chiId from 5:00 PM on Christmas Eve through noon on Christmas Day in 2003 and from noon through 8:00 PM on Christmas Day in 2004 and so on alternating each year thereafter; (E) Alternating holidays from 8:00 AM to 8:00 PM, said hoIidays being New Years Day, Presidents Day, Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving Day, with the Father to have the child on Easter Day of 2003; (F) Mother shalI have partial physical custody of the child from 8:00 AM through 8 PM on Mother's Day and Father shall have partial physical custody of the chiId from 8:00 AM through 8:00 PM on Father's Day; and (G) Such other periods of partial physical custody as the parties may from time to time agree, Respectfully submitted, /0-7-03 Date ~~~.. BRIAN C. BORNMAN, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (7I7) 770-2540 Attorney for PIaintiff VERIFICATION I veritY that the statements made in the foregoing Custody CompIaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4904 relating to unsworn falsification to authorities. /0/7/03 Date It ~ ~~ANZEL ~~ () ~ ~ ---. ~ -C 1:1 ~ CJ ~ ........ ~ v~ ~ ~ a ~ ~ ~ '7 03 ? c; :) C,l r"_":> ,""'} _.~ I C") '\;-- ~.\-, ..:.... DANETTE A. HANZEL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-5335 CIVIL ACTION LAW ROBERT HOLLINGER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 16, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the concili tor, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, November 18, 2003 at 8:30 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 defme and narrow the issues to be heard by the court, and to enter into a tempora order. All children age five or older may also be present at the conference. Failure to appear at the conference ma 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: Isl Melissa P. Greevy, Esq. Custody Conciliator v The Court of Common Pleas of Cumberland County is required by law to comply with the Americ s with Disabilites Act of 1990. For information about accessible faciliti,~s and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangement must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedu ed conference or hearing. YOU SHOULD TAKE TI-IIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT I-IA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 ~ ~ ::z. ~ ~~ n1. 11'~1 .~ ~ ~- ~ [V'o//'Q/ ~ ~$ ~~? 'rP 2c?-'7/rJ( 'tJill'h;\7 '''' A !~'f:"""',:" ":"')/\/N:"1,..f '-.1,1 ,) ./ l,~ t.,., "-i ':.:._<"f:::;';:"vnJ *1,. CG :,~ i (i ,I '. .' j' .L..iU At:/>:~( . IN THE COURT OF COMMON PLEAS ! CUMBERLAND COUNTY, PENNSYLVANIA DANETTE A. HAN*EL, ! Plaintiff * * vs. * * No. 03-5335 Civil Action * ROBERT HOLLIN ER, Defendant * CIVIL ACTION LAW * * IN CUSTODY I I I ENTRY OF APPEARANCE TO mE PROmON~TARY OF SAID COURT, PLEASE enter ~y appearance as attorney of record for the Defendant, ROBERT HOLLINGER, at the above-captioned d01ket. Respectfully submitted, WILEY, LENOX, COLGAN & ZACC P.C Dated: Jenn er L. Frechette, Esquire 1.0. 87445 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 CERTIFICATE OF SERVICE On this ~october, 2003, I certify that a copy of the foregoing document was served upon the following attorney fjlr the Commonwealth of Pennsylvania by U.S. regular mail, address as follows: Brian C. Bornman, Esquire 714 Bridge Street P.O. Box 461 New Cumberland, PA 1707()-0461 Respectfully submi1fed, Jenn' r L. Frechette, Esquire 1.D. 87445 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 Dated: (D.C; ,o~ -' -. '~ 0 ~ w 0 ~ t~ n -..:II --t :-:'r K6 N Dt? -' ~O C) -0 ..~~ ~g 3 [''''J Z; '-1? 9. ~ -' ~ OEC ~ 7 Z002 r (j Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5335 CIVIL TERM DANETTE A. HANZEL, v. CIVIL ACTION - LAW ROBERT HOLLINGER, IN CUSTODY Defendant INTERIM ORDER OF COURT AND NOW, this I ~A day of December, 2003, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Danette A. Hanzel and Robert Hollinger, shall have shared legal custody of the minor child, Austin David Hollinger, born March 22, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medicalltreatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 2. Phvsical Custody. The Mother shall have temporary primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. To commence on Friday, December 12, 2003, and alternating weekends from Friday after school until Monday when the child is returned to school. B. To commence on Thursday, December 18, 2003, alternating Thursdays from after school until the following day when the child is returned to school. NO. 03-5335 CIVIL TERM C. Such other times as the parties agree. 3. Holidavs. The holiday schedule shall supersede the regular schedule. For Christmas 2003, Mother shall have custody from Noon on Christmas Eve until December 25th at 4:00 p.m. Father shall have custody from December 25th at 4:00 p.m. until December 31st at 6:00 p.m. 4. The parties shall participate in therapeutic family counseling with Anthea Stebbins of Interworks, whose task it shall be to identify how the parents can best be helpful in assisting the child to improve his school functioning. 5. The Custody Conciliation Conference shall reconvene on January 26, 2004 at 11 :30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. 6. A hearing is ~eduled in Courtroom Number r of the Cumberwnd County Courthouse, on the C. day of ..F ~ ' 2004, at I. '06. f{d). o'clock E-.M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Danelle A. Hanzel, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum selling forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BYTH J. Dist: /~bert P. Kline. Esquire, 714 Bridge Street, New Cumberland, PA 17070 /Jennifer Frechette, Esquire, 2650 North Third Street. Harrisburg, PA 17110 ~ ~6? \~\'t>' \/i\]\'I\l)\.sr~ ~ \!:1d )JJ~ 1/.... '.'" -.'-. ,'." '~"'r~'1 'n'" . '\i r ).,; , i~:hdf II -J OS :01 HV 81 :JJO tOOZ AUVlONOHIOOd 3H1 :lO 3Ji:l:!0-G31tl DANETTE A. HANZEL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-5335 CIVIL TERM v. CIVIL ACTION - LAW ROBERT HOLLINGER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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 CURRENTLY IN THE CUSTODY OF Austin David Hollinger March 22, 1989 Mother 2. A Custody Conciliation Conference was held on November 18, 2003, with the following individuals in attendance: the Mother, Danette A. Hanzel, and her counsel, Robert P. Kline, Esquire; the Father, Robert Hollinger, and his counsel, Jennifer Frechette, Esquire. 3. Mother filed a Complaint for Custody on October 8, 2003. 4. The parties were not able to reach an agreement regarding the custodial schedule for the child. However, due to difficulties with the child's school functioning, the parties agreed to participate in counseling with the child's therapist, Anthea Stebbins of Interworks. They also agreed to reschedule to have an additional Custody Conciliation in late January, 2004, but request a hearing be set now so that the matter is not further delayed if the parties are not able to reach an agreement at the Conciliation in January. Because there was no agreement with regard to the custodial schedule, the attached Interim Order is recommended to the Court. 5. Mother's position on custody is as follows: Mother claims that she is and has been the primary caregiver of the child. She acknowledges that the child is struggling academically. He repeated Language Arts in summer school, 2003. For the first marking period 2003/2004, he had two D's, a C, and a B. Mother claims that Father has been in and out of the child's life. She has observed behavioral difficulties after his visits. She further alleges that Father has no structure in his home. While it seems that the parties tried a week on/week off custodial schedule beginning in January, 2003, Mother claims that she NO. 03-5335 CIVIL TERM never agreed to the schedule and further alleges that Father threatened her in order to gain her acquiescence. She claims that she called the police regarding Father's threats in October, 2003. However, no charges were filed. 6. Father's position on custody is as follows: Father reports that in January of 2003, the child's grades were D's and F's. He states that he met with staff at the St. Theresa's School who encouraged him to take a more active role in his child's life. Father reports that after the parties began a week on/week off school schedule, his grades began to improve up to C's and D's. Father also noted an approved attitude. By the fourth marking period, Father reported that, other than failing Language Arts, the child had B's and C's. Father alleges that Mother refused to continue the week on/week off schedule after he had filed for child support. Father expressed concern that there may be some jealousy between Austin and his sister who compete for Mother's attention. Father is most concerned about the environment which Mother has provided. Father alleges that Mother was married to a man who was a heroin user and had been jailed for robbery. Father acknowledges that his custodial time with Austin had been inconsistent prior to this year, but reports that Mother would sometimes not be there when he would go to pick up the child. Father believes the child needs his Father and wants to see the parties participating in decisions fairly and on equal terms. He seeks an Order that would provide time for him to be a part of the child's life. More specifically, Father seeks an equal sharing of custodial time with the child. 7. Neither party disagreed with the suggestion that they once again become involved with Interworks and obtain the professional guidance of a counselor who has worked with this child before in determining how they as parents can best meet his needs. Both parties agreed that his school functioning was a rs ncern. /~/j3 Date I elissa Peel Greevy, Esquire Custody Conciliator :222062 JAN 2 9 2004~ DANETTE A. HANZEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5335 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. ROBERT HOLLINGER, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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 CURRENTLY IN THE CUSTODY OF Austin David Hollinger March 22, 1989 Mother 2. A second Custody Conciliation Conference was held on January 26, 2004 with the following individuals in attendance: the Mother, Danette A. Hanzel, and her counsel, Robert P. Kline, Esquire; the Father, Robert Hollinger, and his counsel, Jennifer Frechette, Esquire. 3. The parties were seen for Custody Conciliation on November 18, 2003. Following that Conference, the parties did not reach an agreement and an Interim Order was entered on December 18, 2003. Additionally, the parties were to participate in therapeutic family counseling with Anthea Stebbins of Interworks. The parties report that they have each attended one (1) counseling session with Ms. Stebbins. Both parents' sessions included the child. A hearing is presently scheduled for February 6, 2004 at 1 :00 p.m. before Judge Guido. At the time of the Conciliation Conference, counsel for the parties had not received an anticipated memorandum from Ms. Stebbins. 4. Mother's position on custody is as follows: Mother reports that Austin approached his mid-term examines with much more confidence than she has seen from him previously. However, she remains concerned regarding disciplinary issues. Mother presented a letter from the school indicating disciplinary reports in the first marking period and again on December 1, 2003. She reports that the behaviors which are causing trouble at school are disrespect and inappropriate language. Mother completely attributes this to Father allowing the child to watch MAD TV. She watched this program herself about two weeks ago and found its content objectionable. However, she did not convey her concern to Father prior to the Conference. Mother is also reporting that Austin is disruptive NO. 03-5335 CIVIL TERM with his sister in his language, attitude and behavior and that this occurs more frequently after visits with his Father. Mother reports that there had been no disciplinary problems with Austin prior to this school year. She alleges that because Father does not provide discipline in his home, in her opinion, the child should remain in her primary custody. 5. Father's position on custody is as follows: Father reports that the January 26, 2004 Conference was the first that he had heard of Mother's concern regarding the content of the television which the child watches when at Father's residence. He reports that the shows he is watching with the child include the Discovery Channel, Disney Channel, and the History Channel. He denies ever having seen the child watch MAD TV. Father also states that he is aware that the child has a television in his room at his Mother's house and therefore does not think that it is fair to say that he is the reason that the child is having the disciplinary problems at school. Father reports that the child does not talk back to him or behave in a disrespectful manner when he is at his residence. Father continues to request to return to a week-on week-off custodial schedule as had been followed for several months beginning in January 2003. 6. Counsel will attempt to obtain Ms. Stebbins' report. She has been involved with Austin as a result of this present Petition as well as at other times of his life. In light of the Custody Hearing presently scheduled for February 6, 2004, the Conciliator makes no recommendation regarding further modification of the but will leave that task to the Court. /~1/0'f Date Uhj! {J---; Melissa Peel Greevy, Esquire Custody Conciliator Dist: ..(ql:lert P. Kline, Esquire, 714 Bridge Street, New Cumberland, PA 17070 :223562 -dennifer Frechette, Esquire, 2650 North Third Street, Harrisburg, PA 17110 o~.oc.(-o'f (") '"D~ n'lq,? _.....r" ~~ <-0 )";; Zf"") ><..':5 f.= - ~ ~ N '" "'. . , ..... ~ ..., g I ... ~ ~:o :;oM ~~ a:D zO om ~ -< ;::.. 3: DANETTE A. HANZEL, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5335 CIVIL TERM CIVIL ACTION - LAW ROBERT HOLLINGER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 6th day of February, 2004, after hearing, our order of December 18, 2003, is vacated, and replaced with the following: 1. Legal Custody. The parties, Danette A. Hanzel and Robert Hollinger, shall have shared legal custody of the minor child, Austin David Hollinger, born March 22, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 2. Physical custody. A. The Mother shall have primary physical custody of Austin during the school year subject to Father's rights of partial custody as follows: (i) Alternating weekends from Friday after school until Monday at the commencement of school. (ii) Every other Thursday from after school until the commencement of school Friday. (iii) In the year 2004 only, from after school on Thursday, May 6th, until the beginning of school on Monday, May 17, so that Austin may accompany Father and his family on a trip to Disney World. Provided, however, that Father shall assure that Austin calls his Mother, at Father's expense, to talk with her up to one half hour on Mother's Day. (iv) At such other times as the parties agree. B. Summer. Father shall have primary physical custody of Austin during the summer months from the Monday after school lets out until seven days before school begins, subject to Mother's right of partial custody as follows: (i) Alternating weekends from Friday after Mother gets off work until Sunday at 9:00 p.m. (ii) Every other Thursday from the time Mother is off work until Friday at a time that is convenient to the parties, but in no event later than Mother's return from work on Friday. (iii) At such other times as the parties agree. Provided, that each party may have up to seven uninterrupted days of time with Austin in the summer to allow for a family vacation, with the condition that they actually go on a family vacation, and the other party is given at least 30 days' notice of the time and place of the family vacation. 3. Holidays. The following holiday schedule shall take precedence over the regular schedule: A. Christmas. The Father shall have Austin from noon on Christmas Eve until 1:00 p.m. on Christmas day in even-numbered years, and from 4:00 p.m. on Christmas day until 8:00 p.m. on December 30 in odd-numbered years. B. Thanksgiving. The Father shall have Austin from Thanksgiving day at 5:00 p.m. until the start of school in even- numbered years, and from 5:00 p.m. the Wednesday before Thanksgiving until 5:00 p.m. Thanksgiving day in odd-numbered years. C. Father shall have the child on Father's Day commencing no later than 9:00 a.m., and Mother shall have the child on Mother's Day commencing no later than 9:00 a.m. 4. The parties shall participate in therapeutic family counseling with Anthea Stebbins at Interworks until successfully discharged therefrom. By the Court Edward E. Guido, J. ;.," , f, :'." l~', -1 '\....., " ''-J...,'';,.. Dc:? 'I, .... i~(j ,jv"?') 6~ rh C'."./ h... ,16""". ~~ I;JUt ~""'0!~'i;!I'O. ...... v, l ".', .:iJI-/. '{).... "'~Cl :;,.'J: --,~ -OJ7' '-i. ;:/0 -1./:/ Robert P. Kline, Esquire For the Plaintiff Jennifer L. Frechette, Esquire For the Defendant srs . ;) _ /0- L''f ~.~ 9-' DANETTE A. HANZEL, now DANETTE A. BARTHOLOMEW, Respondent/Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5335 Civil Term ROBERT HOLLINGER, PetitionerlDefendant CIVIL ACTION - LAW CUSTODY DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW COMES, the Defendant, ROBERT HOLLINGER, by and through his counsel, Lisa Marie Coyne, Esquire, and avers the following in support of this Petition for Modification of Custody: 1. The Petitioner is ROBERT HOLLINGER, an adult individual who currently resides at 6284 Main Street, East Petersburg, Lancaster County, Pennsylvania. 2. The Respondent is DANEITE A. BARTHOLOMEW, formerly known as Danette A. Hanzel, an adult individual who currently resides at I Windy Hill Road, Hershey, Dauphin County, Pennsylvania. 3. Petitioner seeks to modify the Custody Order dated February 6, 2004, by the Honorable Edward E. Guido concerning the minor child, Austin David Hollinger, born March 22, 1989, and who is now 16 years old. (Copy of Custody Order is attached as Exhibit "A"). 4. The child was born out of wedlock. 5. Presently, for the summer months, the child is in the custody of the Petitioner, Robert Hollinger per the existing Custody Order. 6. During the last five years the child has resided with the following persons and at the following addresses: Robert Hollinger (Father) Melissa Hollinger (Step-mother) Logan Hollinger (Brother) Tyler Moyer (Step-brother) Danette Hanzel (Mother) Ashley Bartholomew (step-sister) Danette Hanzel (Mother) Ashley Bartholomew (Step-Sister) Berry Bartholomew (Grandfather) Phyllis Bartholomew (Grandmother) Danette Hanzel (Mother) Ashley Bartholomew (Step-sister) John Hanzel (Step-father 6284 Main Street East Petersburg, P A 17520 6/2005 to present 1 Windy Hill Road Hershey, PA 4/2005 to present Shiremanstown, P A 7/2004 to 4/2005 421 Reno Avenue New Cumberland, P A 2000 to 7/2004 6. The relationship of Petitioner to the child is that of natural father. 7. The relationship of Respondent to the child is that of natural mother. 8. Petitioner has participated as a party concerning the custody of the child in these proceedings per the attached Order of Court. 9. Petitioner has no information of a custody proceeding concerning the child pending in a court ofthis Commonwealth. 10. Petitioner does not know of a person not a party to the proceedings who has physical custody ofthe child or claims to have custody or visitation rights with respect to the child. II. The PetitionerlFather seeks to modifY the Custody Order for the following reasons: a) The child is now 16 years old and has expressed to his mother, his father, and to his therapist his desire to reside primarily with his father in order to cultivate and nurture his relationship with his father and his new brother; b) The child would like to have a fresh start at a new high school, i.e., Hempfield High School; c) The child currently attends summer school sessions at Hempfield High School; and d) The child will have greater stability in his life ifhe resides with father. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the Petitioner, Robert Hollinger, respectfully requests this Court modifY existing custody order so Petitioner/Father shall have primary physical custody of Austin David Hollinger, the minor child and that the parties continue to shall have shared legal custody of the minor child. Respectfully submitted, COYNE & COYNE, P.C. Dated: ~-I tJ -n(" BY: - Lis Marie Coyne, Es P . Supreme Ct. No. 3901 Market Street Camp Hill,PA 17011-4227 (717) 737-0464 Attorney for PetitionerIDefendant VERIFICATION I, ROBERT HOLLINGER, verifY that the statements made in the foregoing Custody Complaint 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 falsification to authorities. , 2#~ ROBERt HOLLINGER Date 'if-to-oS- DANETTE A. HANZEL, Plaintiff IN THE COURT OF CO~~ON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5335 CIVIL TERM CIVIL ACTION - LAW ROBERT HOLLINGER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 6th day of February, 2004, after hearing, our order of December 18, 2003, is vacated, and replaced with the following: 1. Legal Custody. The parties, Danette A. Hanzel and Robert Hollinger, shall have shared legal custody of the minor child, Austin David Hollinger, born March 22, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other paren~. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educa~ional and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or ~u~ authority and copies of any reports given to them as parents including, but not limited tc: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parenc shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 2. Physical custody. A. The Mother shall have primary physical custody of Austin during the school year subject to Father's rights of partial custody as follows: (i) Alternating weekends from Friday after school until Monday at the commencement of school. (ii) Every other Thursday from after school until the commencement of school Friday. (iii) In the year 2004 only, from after school on Thursday, May 6th, until the beginning of school on Monday, May 17, so that Austin may accompany Father and his family on a trip to Disney World. Provided, however, that Father shall assure that Austin calls his Mother, at Father's expense, to talk with her up to one half hour on Mother's Day. (iv) At such other times as the parties agree. B. Summer. Father shall have primary physical custody of Austin during the summer months from the Monday after school lets out until seven days before school begins, subject to Mother's right of partial custody as follows: (i) Alternating weekends from Friday after Mother gets off work until Sunday at 9:00 p.m. (ii) Every other Thursday from the time Mother is off work until Friday at a time that is convenient to the parties, but in no event later than Mother's return from work on Friday. (iii) At such other times as the parties agree. Provided, that each party may have up to seven uninterrupted days of time with Austin in the summer to allow for a family vacation, with the condition that ~hey actually go on a family vacation, and the other party is given at least 30 days' notice of the time and place of the family vacation. 3. Holidays. The following holiday schedule shall take precedence over the regular schedule: A. Christmas. The Father shall have Austin from noon on Christmas Eve until 1:00 p.m. on Christmas day in even-numbered years, and from 4:00 p.m. on Christmas day until 8:00 p.m. on December 30 in odd-numbered years. B. Thanksgiving. The Father shall have Austin from Thanksgiving day at 5:00 p.m. until the start of school in even- numbered years, and from 5:00 p.m. the Wednesday before Thanksgiving until 5:00 p.m. Thanksgiving day in odd-numbered years. C. Father shall have the child on Father's Day commencing no later than 9:00 a.m., and Mother shall have the child on Mother's Day commencing no later than 9:00 a.m. 4. The parties shall participate in therapeutic family counseling with Anthea Stebbins at Interworks until successfully discharged therefrom. By the Court Edward E. Guido, J. Robert P. Kline, Esquire For the Plaintiff Jennifer L. Frechette, Esquire For the Defendant srs ;;J ,Io~v'l ~c~ /7 rc CERTIFICATE OF SERVICE t, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.c., hereby certify that true copy of the foregoing Petition for Modification of Custody Order was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Certified Mail: Danette A. Bartholomew J Windy Hill Road Hershey, PA 17033-9737 Robert P. Kline, Esquire 714 Bridge SJreet P.O. Box 461 New Cumberland, PA 17070-0461 Dated: '6/ /0/ os " ~ ~ .::;:;:::, {\ ~ - w (j~ (t- ~ Q ...i ..J , v.. \ 6'" C) ~~:': ~\~-:- ~ ....' Q ~ "" ~ ~.~ (\'-. :?i~ ~ -:;::, 00 ' '-'" ...^~ ...",. ~ :~~ <...:> 9. ~?l - --- DANETTE A. HANZEL, now DANETTE A. BARTHOLOMEW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5335 Civil Term ROBERT HOLLINGER, Defendant CIVIL ACTION - LAW CUSTODY PREACIPE FOR WITHDRAWAL AND ENTRANCE OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Defendant. Blllos Je i r . Spears, Esquire F ly ennifer L. Frechette MaTtson, Deardorff, Williams & Otto 10 E. High Street Carlisle, PAl 70 13 Attorney for Defendant Kindly enter my appearance on behalf of the Defendant. Respectfully submitted, COYNE & COYNE, P.C. ~ (0 oS- Lisa ie Coyne, Esquire 3901 arket Street CampHill,PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 53788 Attorney for Defendant 2, ~ q, ~ s. ~ ~ -;%O:C ~r\ (i") z~. :B~ -.7'" - th"),. N ~:a 2;' ~o::::: ',- ~ :zC ...,;:;L) ca 9 YC: Z ~ :2. e,,) e,,) - DANETTE A. HANZEL NOW DANETTE A. BARTHOLOMEW PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-5335 CIVIL ACTION LA W ROBERT HOLLINGER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Anenst 17, 2005 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsbure, PA 17055 on Tuesday, Aueust 30, 2005 , the conciliator, at 8:30 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 bereby directs tbe 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 hearine. FOR THE COURT. By: Isl Dawn S. Sanda/" Esq. Custody Conciliator ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of ]990. 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 VE 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 170 I 3 Telephone (717) 249-3166 ~ * -" "il':- ~ -""he.. ~... ""7-r ~:> ;P:o",~.( Sc>"",,~ ~ $P? ~ ~ ~ St:?'-Ae~ 02 :6 14~ '12811\1 soal A' 'VcCi,OHlO'Jd 3Hl :lO tj - :nH,lQ--031l:1 ~ r DANETTE A. HANZEL, now DANETTE A. BARTHOLOMEW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5335 Civil Term ROBERT HOLLINGER, Defendant CIVIL ACTION .- LAW CUSTODY CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the Order of Court, dated August 17, 2005 was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Danelle A. Bartholomew I Windy Hill Road Hershey, PA 17033-9737 Robert P. Kline, Esquire 714 Bridge Streel P.O. Box 461 New Cumberland, PA 17070-0461 Dated: 1r - 7-, ~V'i CO~C05i: '~ BY:~ - Lis Marie Coyne, Esqui P . Supreme Ct. No. 53788 390 1 M~lfket Street CampHill,PA 17011-4227 (717) 737-0464 Attorney for Petitioner () ,..., C) \.~ ;~ = 41 <oJ" ~. ::1'" \ Co ~n:rl C) . f- -oitJ W #.0 C) 0 (-) ,- "-./ !?: ~~-;{i \ , ~:~i~A ~~ ...0 ,'~ "'-::0' ~2 rv 'XJ ..,.. .<, - DANETTE A. HANZEL NOW DANETTE A. BARTHOLOMEW Plaintiff RECEIVE~200S IN THE COURT OF COMMON PLU: OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-5335 CIVIL ACTION LAW ROBERT HOLLINGER Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3 -l day of O~ , 2005, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon I. The parties shall obtain an assessment by Anthea Stebbins as to the Child's preferences, adjustment and well being in connection with the custodial situation. The purpose of the assessment shall be to obtain independent written guidance as to custody arrangements which will best meet the Child's needs in terms of stability and the Child's preferences in light of his age. The parties shall contact Anthea Stebbins' office within three days of the date of the custody conciliation conference to schedule individual appointments. The parties shall cooperate in scheduling and completing all appointments for themselves and the Child by the end of October 2005 and in obtaining written guidance from the counselor as soon as possible thereafter. Each party shall be responsible to pay all costs of his or her own individual sessions and the parties shall share the costs of the Child's sessions. 2. Within three months ofreceipt of the counselor's written guidance, counsel for either party may contact the conciliator to either schedule an additional custody conciliation conference or to schedule a hearing, if necessary. 3. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated February 6, 2004 shall continue in effect, Edward E. Guido J. :x,J? \\),\j f'_i '"t.!''';'' 'Jl Iv' A_U~(Y' 9S:\I \;\\1 tl- lJO Silul ^uV1Cl<C<-,\..~UJJ 3Hl :10 ::1'-;\.1_"-' n:'"'' ~J",) -'_'..../'\~,_.) ICl DANETTE A. HANZEL NOW DANETTE A. BARTHOLOMEW Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-5335 CNIL ACTION LAW ROBERT HOLLINGER Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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 CURRENTLY IN CUSTODY OF Austin David Hollinger March 22, 1989 Mother/Father 2. A conciliation conference was held on September 22,2005, with the following individuals in attendance: The Mother, Danette Bartholomew, formerly Hanzel, with her counsel, Melissa Van Eck, Esquire, and the Father, Robert Hollinger, with his counsel, Lisa Marie Coyne, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 5e..,.; fvrJx,-1 ;;J..l.[. ;u;o5 Date I /~ D~ S. Sunday, Esquire ~ Custody Conciliator DANETTE A. HANZEL NOW DANETTE A. BARTHOLOMEW Plaintiff DEe 0 5 2005 IN THE COURT OF COMMON PLEAS O~ CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-5335 CNIL ACTION LAW ROBERT HOLLINGER Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ ~ day of ~ , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ')(. ~l. A Hearing is scheduled in Court Room NO.5 of the Cumberland County Courthouse on the r'l dayof j).&~-t. ,,&I't ,20Q(,at /.1() o'clockL. m., at which time testimony will be taken. For purposes of the hearing, the Father, Robert Hollinger, shall be deemed to 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 each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated February 6, 2004 shall continue in effect. 3. The prior Order of this Court dated October 3,2005 is vacated. Edward E. Guido J. cc: Lisa Marie Coyne, Esquire - Counsel for Father} Melissa VanEck, Esquire - Counsel for Mother (J--cv-o:> ~ -~ )$' \ 'I : \\ \ r '":J- .' DANETTE A. HANZEL NOW DANETTE A. BARTHOLOMEW Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 03-5335 CIVIL ACTION LAW ROBERT HOLLINGER Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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 CURRENTLY IN CUSTODY OF Austin David Hollinger March 22, 1989 Mother/F ather 2. A custody conciliation conference was held on September 22, 2005, with the following individuals in attendance: The Mother, Danette Bartholomew, formerly Hanzel, with her counsel, Melissa Van Eck, Esquire, and the Father, Robert Hollinger, with his counsel, Lisa Marie Coyne, Esquire. At the conference, the parties agreed to obtain an assessment by Anthea Stebbins with regard to the Child's preference concerning the custodial arrangements. However, the counselor subsequently notified the conciliator and the parties that she was not able to conduct the assessment as required by the Court Order. Following many subsequent telephone calls over an extended period of time between the conciliator and Anthea Stebbins and the conciliator and each of the parties' attorneys, it has become clear that it is necessary to schedule a hearing on the Father's Petition to Modify. 3. The Father's position on custody is as follows: The Father indicated that the Child requested a change in custody to enable the Child to live with the Father primarily. According to the Father, the Child told both parents and the Child's therapist of his desire to live with the Father. The Father believes that the change in custody would provide more stability for the Child and would satisfy the Child's desire for a fresh start at a new high school. 4. The Mother's position on custody is as follows: The Mother indicated that she does not believe it would be in the Child's best interest to reside primarily with the Father. The Mother stated that the Child has not been telling her that he prefers to live at the Father's residence. The Mother stated that the Child is disrespectful and noncompliant upon his return from periods of custody with the Father. The Mother believes that the Child is being influenced by the Father and his wife to express a preference on the custody situation and that the motivation underlying the Father's Petition is his desire to reduce child support. 5. The conciliator recommends an Order in the form as attached scheduling a hearing on the Father's Petition for Modification. It is anticipated that the hearing will require up to one-half day. In light of the delay since the conciliation conference in this matter (due to the conciliator's efforts to adjust the request to the counselor to enable her to comply with the parties' request for assistance) expedited scheduling of the hearing is requested. Date /)/)/r~~ , , Dawn slo ~~~~~,'~sq~r~/LI ;0/" t if, ) Custody Conciliator John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff DANETTE A. HANZEL, nIkIa DANETTE A. BARTHOLOMEW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5335 v. ROBERT HOLLINGER, Defendant CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, Danette A. Bartholomew, by and through her counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Motion for Continuance as follows: I. John J. Connelly, Jr., Esquire has been recently retained to represent the Plaintiff, Danette A. Bartholomew, in the above-captioned action. 2. On December 14, 2005, the Plaintiff received from her former counsel, Melissa Van Eck, a copy of the Order attached hereto and marked as Exhibit "A" which she promptly faxed to the undersigned counsel. 3. Counsel for the Plaintiff has a previously scheduled vacation for the week between Christmas and New Year's which encompasses the currently scheduled hearing, December 29, 2005 at 1 :00 p.m. 4. The Plaintiff believes and therefore avers through counsel that this matter will require one full day before the Court rather than a half day as is currently scheduled. . WHEREFORE, the Plaintiff, through her counsel, requests that the hearing currently scheduled for December 29,2005 at 1 :00 p.m. be continued. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ~ By: Jphn\!. onn lly, Jr. A~ey . .#15615 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiff, Danette A. Bartholomew ~ VERlFICA T10N I, John J. Connelly, Jr., Esquire, represent that I am the attorney for Plaintiff, Danette A. Bartholomew, and verif'y that the statements made in the foregoing Motion for Continuance 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. Date:~ ~ DANETTE A. HANZEL, n/k/a DANETTE A. BARTHOLOMEW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5335 v. ROBERT HOLLINGER, Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Danette A. Bartholomew, hereby certity that I have served a copy of the foregoing Motion for Continuance on the following on the date and in the manner indicated below: VIA V.S MAIL, FIRST CLASS, PRE-PAID Lisa Marie Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, P A 17011-4227 JAMES, SMITH, DIETTERICK & CONNELLY,LLP Dated: Q! I b \oS By: Attorneys for Plaintiff, Danette A. Bartholomew EXHIBIT" A" 12/15/2005 07 11 FAX 717 545 5126 .p //. . j-/' /' SMITH PRINTING COPY eTR 111 002/002 .. t' /;'/ {'-;", ? DANETTE A. HANZEL NOW DANETTE A. BARTHOLOMEW Plaintiff DEe 0 fj lOD5 IN THE COURT OF COMMON' PLEAS O~ / . / J CUMBERLAJ"lD COUNTY, PENNSYLVANIA vs. 03-5335 CIVIL ACTION LAW ROBERT HOLLINGER Defendant IN CUSTODY ORDER OF COURT AND NOW, this J.;h day of ~I , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: "lI'. tA-I. A Hearing is scheduled in Court Room No.5 of the Cumberland County Courthouse on the v, day of /)..e....~ ....tJ>.r , 20Q( at /. t\() o'clockL. m., at which time testimony will be taken. For purposes of the hearing, the Father, Robert Hollinger, shall be deemed to 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 each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending further Order of Court or agreement ofthe parties, the prior Order of this Court dated February 6, 2004 shall continue in effect. 3. The prior Order of this Court dated October 3, 2005 is vacated. B}~ ~ Edward E. Guido 1. ee: Lisa Marie Coyne, Esquire - Counsel for Father Melissa Van Eck, Esquire - Counsel for Mother !~l.IE ("opy FROM RECORD / ...&:Imon~ ilIIlBfllOI. I here limo set m., "-' J-<: t~_ 01 SiL'l! Coon earllsle, Pa. ." ~ o?<xf.- ,d"i ;;, o ,:~ ",,--" ;:r:':-! ;;0' (-- ,..., c:-... c::;) en c:::> r'1 " o -., ...... ~_I: 'T1 1""11- "r:;:; ;~j~~ u:; ~-: ) - "!:?~ , ) --;::~:., :u- -< ~:? "" C) DANETTE A. HANZEL, nIkIa DANETTE A. BARTHOLOMEW, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5335 v. ROBERT HOLLINGER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John J. Connelly, Jr., Esquire, on behalf of the Plaintiff, Danette A. Hanzel, nIkIa Danette A. Bartholomew, in the above-captioned action. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: J'-llt;'\o..L: By: . DANETTE A. HANZEL, n/k!a DANETTE A. BARTHOLOMEW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5335 v. ROBERT HOLLINGER, Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Danette A. Bartholomew, hereby certifY that I have served a copy of the foregoing Praecipe to Enter Appearance on the following on the date and in the manner indicated below: VIA V.S MAIL. FIRST CLASS, PRE-PAID Lisa Marie Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011-4227 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: J ?-ll b I 0; By: Attorneys for Plaintiff, Danette A. Bartholomew 0 ...., 0 (:'=:;:1 ~,;; = -" .:.." --1 .,-, ::r: CJ :t: f':;:;~ ,"" .." " i <:"> rnE~ . -"n".. " :ee, ~. " '" v; \.0 . -~... WI ~-=-~l (~:::: .. ....~ ~ -,. .~ ; ) () ,.. -'". .,[.. ~Tl ;i' C" '.~ -' -, .r- ?.G \.0 .-<: DANETTE A. HANZEL n/k/a DANETTE A. BARTHOLOMEW, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT HOLLINGER, DEFENDANT 03-5335 CIVIL TERM AND NOW, this ORDER OF COURT !~ day of December, 2005, upon the request of counsel for the mother, over the objection of counsel for the father, the hearing currently scheduled for December 29, 2005, is continued to Wednesday, January 18, 2006, at 9:00 a.m., in Courtroom Number 5. Both counsel agree that this matter will be heard before the then Judge Ebert. ......~,". ,- . John J. Connelly, Jr., Esquire For Plaintiff ~q'1~~D.~.yjy \0). . . . \~J{;~--- -di I ?' ~lO _.-l:.lsa Marie Coyne, Esquire For Defendant :sal ViiNJ\"t\SNN3d "Nn~,r, ,-," ,", "'"'''n''' AJ.. l ;\.I\ -' " "';: :::~'yJnl ....J I] I :8 Wd 61 330 SOOZ ^li\flOi,GH1()~1d 3Hl ::lO 381:J:!(i-(]jll:l f( DANETTE A. HANZEL, n/k/a DANETTE A. BARTHOLOMEW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA : NO. 03-5335 v. ROBERT HOLLINGER, Defendant CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Melissa 1. Van Eck, Esquire, on behalf of the Plaintiff, Danette A. Hanzel, n/k/a Danette A. Bartholomew, in the above-captioned action. Respectfully submitted, VAN ECK & VAN ECK, P.c. Dated: mlli By: ~~~ Melissa 1. Van Eck, Esquire P.O. Box 6662 7810 Allentown Blvd., Suite B Hanisburg,PA 17112 (717) 540-5406 DANETTE A. HANZEL, nIkIa DANETTE A. BARTHOLOMEW, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5335 v. ROBERT HOLLINGER, Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Melissa 1. VanEck, Esquire, hereby certifY that I have served a copy of the foregoing Praecipe to Withdraw Appearance on the following on the date and in the manner indicated below: VIA V.S MAIL, FIRST CLASS, PRE-PAID Lisa Marie Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, P A 17011-4227 John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, P A 17033-0650 Dated: ~ By: L/K)JtMa ( Melissa 1. Van Eck, Esquire P.O. Box 6662 7810 Allentown Blvd., Suite B Harrisburg, P A 1711 2 (717) 540-5406 C) ~',~ r-o C::.l ~:; r:::::> f"1 ,> N o -0 7, ..... :c...." fT'r '-nl.:Q "~'J c,,..,. -o/,~::} C-1 ~;-~:.y\\ .::::, ?5 '< -'~ r;-? 0". . - DANETTE A. HANZEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5335 CIVIL TERM ROBERT HOLLINGER, Defendant IN CUSTODY TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania on Friday, February 6, 2004 in Courtroom No. 5 APPEARANCES: ROBERT KLINE, Esquire For the Plaintiff JENNIFER L. FRECHETTE, Esquire For the Defendant I ~ . . INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS -- Danette A. Hanzel 3 25 33 34 Christine R. Martin 35 39 Danette Hanzel, 61 recalled Gregory A. Moyer 63 67 FOR THE DEFENDANT Robert W. Hollinger 41 53 58 Francine A. Harrison 70 77 78 Melissa A. Hollinger 79 IN CHAMBERS Austin D. Hollinger By the Court 84 INDEX TO EXHIBITS FOR THE PLAINTIFF IDENTIFIED ADMITTED 1 - Report card 70 70 2 - Report card 70 70 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . THE COURT: Okay. This is the custody action that was commenced by mother, Ms. Hanze:., against father, Mr. Hollinger. Is the mother ready to proceed, Mr. Kline? MR. KLINE: Yes, Your Honor. THE COURT: Ms. Frechette, is the father ready to proceed? MS. FRECHETTE: Yes, Your Honor. THE COURT: You may call your first witness, Mr. Kline. MR. KLINE: Danette Hanzel. DANETTE A. HANZEL having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. KLINE: Q Danette, for the record, could you please state your full name. A Danette Ann Hanzel. Q And your maiden name? A Bartholomew. Q Sometimes you still go by Danette Bartholomew? A Yes. Q So if the judge hears testimony today regarding Danette Hanzel or Bartholomew, they're both talking about you? 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Avenue, . . A Q A Q A Q A Yes. Where do you live at? 421 Reno in New Cumberland. Is that a single home, an apartment? Half a double home. Do you own or rent? I rent. Q How long have you resided there? A Three years. Q Before you lived there, where did you live? A In Lemoyne, Hummel Avenue -- or Herman excuse me, Lemoyne. Q Did you own or rent that home? A Rent. Q How many bedrooms is your home? A Three. Q Where do you work at? A David Smith Printing in Harrisburg. Q How long have you worked there? A Eight years. Q What do you do for David Smith Printing? A Press operator. Q What are, typically, your hours of work? A 6:30 to 3:00. THE COURT: Is that a.m. to p.m.? 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. KLINE: Q A Q A Q A Q A Q A Q A . . THE WITNESS: Yes. How many days a week? Five. You are Austin's mother, obviously? Yes. Do you have any other children? Ashley, my daughter. How old is Ashley? Eleven. Does she live with you? Yes. How old is Austin? Fourteen. THE COURT: What's his date of birth? THE WITNESS: March 22nd, 1989. BY MR. KLINE: Q Mr. Hollinger is Austin's father? A Yes. Q What was the nature of your relationship with Mr. Hollinger when you discovered you were pregnant? A Very brief. We were off and on. I had discovered his drinking was too much, and he had cheated quite a few times prior to me finding out I was pregnant. We weren't together when I found out I was pregnant. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q What was Mr. Hollinger's reaction when he found out you were pregnant? A He told me to go take care of it myself. Q Did you have any other contact with Mr. Hollinger during your pregnancy? A I tried periodically. He wanted no part of it. Q When Austin was born in ~1arch of '89, was Mr. Hollinger around? Was he at the hospital? A He showed up later that afternoon, but it was very brief. Him and his buddies had to go out. Q Since Austin has been born, have you and Mr. Hollinger ever lived together? A When Austin was six months old, I had bought my first house. I think it was when he was maybe about a year old, my family kept trying to force us together, you know, that he needed us both as parents. I had given it a try for maybe roughly six months. Q How did that work out? A It didn't. It didn't. He didn't want to hold a job, he refused to help out with Austin, and drank with his buddies all the time. Q While the two of you were together for that brief period, what was your role compared to Mr. HOllinger's role in terms of meeting Austin's day-to-day needs? 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Austin still went to a baby-sitter while I got up and went to work. I still worked the same hours. I would come home, and him and a couple of his buddies would just be there hanging out drinking. That was basically it. Q Did he work? A Periodically. I don't think he held a steady job. Q Did he contribute to the finances of the household? A No. Q Are you saying Austin was with a baby-sitter while you were working? A Yes. Q Once Mr. Hollinger moved out, how much involvement did he have with Austin and with your efforts to raise your son? A Hardly any at all. It was sporadic. It was very few and far between that he'd come around. It was more like when it was convenient for him. Q During those first 11 or 12 years of Austin's life, were there any extended periods of time that Austin would have spent with his father? A No, nothing consistent. Q Did you ever try to make any efforts to accommodate Mr. Hollinger to allow him the opportunity to 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A I left him there with the sister, whichever sister was there at the time. Q Was Mr. Hollinger there when you left him there? A Sometimes. Q Were there opportunities for Mr. Hollinger to spend time with his son that he did not take advantage of? A Quite a few. I mean, it was -- Austin was never kept from his father at all. Q Were there any times thal: plans had been made, specific plans with Austin and his father? A Quite a few. Often he said he would come get him, you know, as he got older. He didn't really have much involvement when he was smaller. But he would say he'd come and get him and never show up, that sort of thing, change of plans. So it was basically we just had to sort of work around his schedule. Q In those situations, did you let Austin know that his father was supposed to be coming to get him? A Yes. Q When his father didn't show up, how did Austin respond? A He would just sort of like just sit and cry sometimes. Sometimes I would catch him in the corner of his room or just curled up in a ball, you know, crying. He was 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . disappointed. Q How did you console Austin in those situations? A I just told him that maybe his dad had to work. Q You would make up something to protect Mr. Hollinger? A Yes, pretty much. Q To your knowledge, did Mr. Hollinger ever contact you and say, sorry, I can't make it because I have to work? A No. He wasn't -- that was just what I had to tell Austin to pacify him, you know, because he -- he would just get angry, and then I'm the one that had to deal with it. Q At a young age you got Austin involved in some type of counseling? A Yeah, about six or seven years ago. Q Who was that counseling >-lith? A With InnerWorks and Anthea Stebbins. Q What were your reasons for seeking out the counseling? A Because Austin just started to not believe some of the things that he was told. He would just start acting out and just cried all the time. I mean, it would 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . just get to the point where he would just be curled up in his room crying. Q Why would he be curled up in his room crying? A Because his father would say he was coming to pick him up and then never show up or change the plans when he was supposed to pick him up. Q So you got him into counseling to help him with the situation his father created? A Yes. Q How long did that counseling continue? A He did it it was periodically over the past six or seven years. When Anthea thought that he was doing a little better, then we'd stop, but he was back and forth with her over the past six or seven years. Q Until recently, he hadn't seen Anthea in a while? A Maybe a year and a half. Q But he has received other counseling? A Yes, at school. Q That would be with Christine Martin? A Yes. Q What is your understanding of the reason for or the nature of her counseling? A I had called her back in the beginning of the school year to see if she could talk to him because his 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . behavior started to get a little out of hand. I didn't know what else to do with him. It's just so that we're not butting heads. She helped rectify the situation. Q Where does Austin go to :3chool? A St. Theresa's, New Cumberland. Q How long has he gone to school there? A Since kindergarten. Q So this is his ninth year there? A He repeated kindergarten twice. Q Actually, it's his tenth year there? A Urn-hum. THE COURT: Does that go all the way through twelfth grade or just ninth grade? THE WITNESS: No. MR. KLINE: Just eighth qrade, Your Honor. BY MR. KLINE: Q Where will he be going to school next year? A Cedar Cliff. Q Describe, if you can, your involvement with Austin's schoolwork? A I've pretty much been the only one who has been involved with his schoolwork. Q What types of things do you do with Austin regarding schoolwork? A He comes home from school every day and sits 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . down and has to get his homework out and do his homework. I double-check everything and make sure it's done. Q Generally, over his school career, how has Austin done in school? A He's pretty much struggled with spelling and language arts. Math and stuff he's pre1:ty much done okay in. There's just certain subjects he has struggled with. Q Up until the last year, year and a half, how much involvement had Mr. Hollinger had in Austin's schoolwork, to your knowledge? A None, none. He'd never been to the school up until this past January school year. Q January meaning? A This past year. Q A year ago? THE COURT: 2003? THE WITNESS: Yes. BY MR. KLINE: Q How is Austin doing in school now? A He's still struggling with language arts. He seemed to be starting out the school year doing a little bit better, but he just sort of just started falling right back into the same old patterns. Q Do you work with him with those? A Yes. I did get back in touch just the other 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . day with -- he was in learning support for his language arts, and she's going to start working back with him again. Q When you said she A Mrs. Kissinger. Q She's the learning support teacher at st. Theresa's? A Yes. Q What types of things do you and Austin do together when you have time, when he's not doing schoolwork or when he's not at school and you're not at work? A We go out and ride bikes" He pretty much -- he's at the age now where he plays with his friends a lot and mom's not that important anymore. But, I mean, we've gone -- you know, we take family vacations. We go to museums, Inner Harbor, that sort of thing. Q And Austin's sister is involved in those activities, as well? A Yes. Q How does Austin get aloncr with his sister? A He got along with her great up until like, I guess, sort of like the end of summer, t~he middle to the end of summer. He just started being violent towards her and me. I don't know. They've never fought: before up until now. Q Describe some of the issues that you had 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . between the siblings this past summer and whether you -- did you discuss those issues with Austin? A Yes. He would just become very, very angry and just spiteful and hateful to her. He had never done that before. They've always been pretty much real close. Q Did you talk to Austin about it? A Yes. Q What did Austin tell you about why he was doing that? A He didn't really say a whole lot, you know. He just said he would try and work on it. Then we got back into school, and it just sort of got worse. That's when I contacted Christine Martin, because I had serious concerns about his behavior. Q During that summertime period is when he was spending every other week with his father? A Yes. Q So these problems were on the weeks that he was with you? A Yes. He'd come home, and it would take three to four days to get his attitude back to normal and to get him calmed down, and then he was right back to his father. So it's been an ongoing struggle since last January. Q At some point at the beginning of the school year you decided -- well, I'll get to that later. Strike 15 1 that, please. 2 Does Austin have any chores or other 3 responsibilities in your home? 4 A He's responsible for cleaning up after 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . himself, and his chore is to take out the trash. Q Take out the trash every day, once a week? A When it needs it. Q When it needs it? A Yes, and then once a week to the curb. Q Any problems with him performing those chores over his lifetime, for the most part? A No, not up until the su~ner. Everything just sort of started to be a problem. Q Over the summer things started to be a problem? A Yes. Q Did Austin tell you why he was giving you a problem with doing his chores? A No. Q Has Austin discussed with you anything that he does at his dad's house? A He said he pretty much doesn't do anything at his dad's house. There's no responsibilities, no chores, anything. Q Does he tell you what types of things he does 16 . . 1 with his dad when they're together? 2 A They don't really do anything. He just said, 3 you know I mean, I've asked him quite a few times, you 4 know, hey, what do you and your dad do? It's just, nothing 5 really. It's like he's just there at his father's house; I 6 mean, nothing concrete as to what they actually do 7 father-and-son, one-on-one time. 8 Q A little over a year ago you were approached 9 by Mr. Hollinger about the custody arrangement? 10 A Yes. 11 Q At that time, he made a request to you. What 12 was that request? 13 A He had demanded that he wanted Austin two- 14 weeks-on/two-weeks-off, and I refused. He made threats and 15 demands. It just got to the point where -- I mean, he 16 manipulated me into giving him Austin every other week. 17 Q What types of threats or demands did he make? 18 A He tried to say that he would try and sue me 19 for custody and things. The man had never been around all 20 of these years, and now all of a sudden he just pops up out 21 of nowhere and wants to take Austin all the time. 22 Q When you reached this agreement, what was 23 your understanding as to how long it was to last? 24 A It was only to be for the school year so that 25 he could help out with Austin's schoolwork. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q How long did it actually last? A Until this -- early September. Q What happened in early September? A Well, come the end of the school year, Mr. Hollinger refused to stop the every other week. I mean, I don't try to disappoint my son on purpose, you know, so he figured he would try it for the school year. Then I got papers in the mail in September stating that he wanted to drop child support. Then I knew right away what was going on. Then I stopped the every other week and went back to every weekend -- or every other weekend,. excuse me. Q Did you have any problems with Austin during the week-on/week-off? A It was always a problem. Q What type of problems did you have with Austin? A His behavior problems. I couldn't get him to do anything around the house. He was a:~ways fighting with Ashley. Q I think you've already testified that that -- was that constant when Austin was with you? A Pardon? Q Was that constant the whole time Austin was with you before he went back to his father's, or did you see any type of patterns? 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A What do you mean? Q Was Austin defiant all the time with you? A When he was just with me? Q When you were doing the 1.;eek-on/week-off. A During the week-on/week-off, yes. It would take three to four days or so just to get him well adjusted again, and then he was right back with his father. So it's been a constant battle since last January with his behavior. I've never had problems with him and his behavior. Q Since you returned to the schedule where Austin's primarily with you back in September, how has Austin been doing in your home? A He's been doing much better. He helps out more around the house. Him and Ashley are getting along better. He sits down and does his homework on a daily basis. He just seems to be more relaxed. He's not as uptight as he used to be. He was just real uptight and angry. He just seems to be -- he's really starting to make serious improvements. Q You've seen that as a progression over the time, or did it happen immediately? A No. It's gradually starting to get better, better and better. Q What concerns do you have about dad's care of Austin or dad's attention to Austin while dad is with him? 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A They don't spend any quality one-on-one time together. Q How do you know that? A Austin has told me that. Q Okay. A They don't do father-and--son things. They do things with his wife and his stepbrother. There's not as much one-on-one time as there should be.. Q Does he have one-on-one time with you? A All the time. Q Do you have any idea, from Austin, what type of activities he does while he's with his dad? A No. Q He doesn't do anything at all, as far as you know, or Austin just doesn't say? A I don't know what they do. I mean, he just says that they really don't do a whole lot together. Q So if they're not doing a whole lot together, what is Austin telling you he's doing while he's there? A He just watches TV and plays video games in his room. Q What has Austin told you about the type of TV he watches at his dad's house? A I had found out that he watches some show that's called like MAD TV. Just in the past few days I 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . found out about South Park, shows that I would never approve of. I don't even like him watching the wrestling that they have on TV. I don't approve. I think he's too young and immature for his age to be watching that kind of stuff. Q Based on what Austin tells you, that's the type of thing he watches at dad's house? A Yes. Q What type of help have you seen Austin get in regard to schoolwork since you've returned to the original schedule when he's with his dad? A Absolutely none. Q Do you have any examples'? A I had actually just talked to Mrs. Kissinger yesterday. She hasn't heard from his father since back-to-school night, which was in the beginning of the school year, or any of the other teachers, as far as I know. Q Now, currently, when Mr. Hollinger has Austin for the weekend, Austin goes pretty much directly after school? A Yes. Q So Austin would have his book bag with him? A All the time. Q Have there ever been any issues with stuff that Austin takes home with him Friday coming back to you not completed? 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A We've had three projects since we started the every other week that have not be completed, and I've been up with the child late at night until it's finished just so he could get it turned in. Then he gets a poor grade because it's done the night before. Two of which were the language arts class that he's currently failing. Q Any type of discipline problems at school that you're aware of? A He's had seven disciplinary actions this school year alone, and he has never ever had any prior in any of his years in school. Q What types of things is he getting in trouble for? A Vulgar language, certain situations that are inappropriate for being around teachers in a Catholic school. Just, I guess, language, some of the things that have come out of his mouth. Q A Where do you believe he gets that? From watching the shows, as far as I know. I mean, he was in a certain situation in the beginning of the school year with a certain teacher that he got reprimanded for a certain sexual comment that he made, and he didn't have a clue what he said. He was asked where he heard it, and he said he was watching it on a shov,' at his dad's, whatever the MAD TV show is. 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Had Austin at any point asked you to get him a cell phone? A He had been bugging me for the past year, and I told him, no, until he was 16. Q Have you discussed that with Mr. Hollinger? A Yes. I said, not until the child was 16, and that was if he had a job and he needed a phone, just for like emergency purposes, so that I knew when and where he was. Q And that's something you've discussed with Austin? A All the time. Q And that's something you did discuss with Mr. Hollinger, your thoughts on it? A Yes. He felt because all his friends had one that he had to have one. Q Does Austin have a cell phone? A Yes. Q Do you know where he got the cell phone? A His father got it for him for Christmas. Q You stated earlier on in your testimony that early in Austin's life you went out of your way to make accommodations for Mr. Hollinger to see his son, is that right? A Yes. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q In fact, you still don't have a problem with Austin having a relationship with his father? A No, I never have. Q However, it's your desire that you want Austin to continue to primarily reside "ith you? A Yes. Q In addition to the concerns that you've addressed with the Court, are there any reasons that you feel this way at this point? A Us three have always been a family. I mean, I don't know "hat you mean. Q I just want you to answer the question. Have you seen that Austin has been better off since he's returned to primarily residing with you? A Much better. I mean, we're starting to become a family again. We had always been real close, the three us had been real close. Then it just started -- I mean, it was complete chaos the whole time it was the week-on/week-off. My daughter's grades started to drop. It was just constant contention in the house. He wouldn't listen to me. It was just complete chaos. MR. KLINE: Thank you, Danette. Ms. Frechette likely will have some questions for you. THE COURT: Cross-examine. MS. FRECHETTE: Thank you. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . CROSS-EXAMINATION BY MS. FRECHETTE: Q Ms. Hanzel, isn't it true that you've always had problems with Austin in your home? A Excuse me? I don't know what you mean. Q Isn't it true that you've always had problems with Austin and your relationship? A I've never had problems with Austin. Q Didn't you seek the counseling with Anthea Stebbins originally six or seven years ago to work on problems between yourself and Austin? A No. It was because Austin wanted to see his father and his father would continually change his plans. Q Isn't it true that the date that you began withholding Austin from the 50/50 schedule with his father, which I think you've already testified to this, was immediately after you received papers from Domestic Relations where Mr. Hollinger was requesting a support reduction? A Yes, because I realized Mr. Hollinger's motives. Q And you never filed a custody complaint before, not even back in January of 2003, when you were claiming that he threatened you into a :;0/50 situation? A I wish I would have. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q But you didn't? A No. Q Didn't you admit back at that time to Mr. Hollinger that you were having problems with the kids and that you needed to go to counseling for them? A No. Q Were you married to a John Hanzel? A Yes. Q Were you together for ei9ht years or so? A Since '95 up until 18 months ago. Q Isn't it true that Mr. Hanzel is a drug addict? A Mr. Hanzel had a drug problem in April of two years ago and was asked to get his stuff t0gether and didn't, so by July he was gone. Q Because he OD'd on heroin in your home in front of your kids, is that true? A We didn't know that that's what he was doing, but yes. Q That's what happened, he had heroin in the home and he OD'd in front of your children. Did you immediately remove the children? A No. Mr. Hanzel did. I asked Mr. Hanzel to leave. He had left and gone to rehab. Q Immediately when he OD'd" wasn't it your 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . sister who had to come and remove your children from the danger? A No. Q Wasn't Mr. Hanzel convicted for robbery and sent to prison? A We weren't together then. Q How did you not know that he was using heroin or marijuana in your house? A I've never been exposed to that kind of I wouldn't know. thing. Q So, a person was living in your house, smoking marijuana and shooting up heroin, and you had no idea that it was happening? A He wasn't doing it in my home. Q But he OD'd in your home? A I was at work and came home, and he was there. Q So he obviously was doing drugs in your home? MR. KLINE: Objection. I don't think it's obvious. THE COURT: Overruled. I f she knows, she knows. BY MS. FRECHETTE: Q Isn't it true that Austin's grades started to improve last spring? 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A They did not improve that much, no. Q But they did start to i~~rove? A I think it was more his confidence that improved. Q When he gets bad grades, isn't that a result of his homework not being done a lot? Is that what you have learned from the school? A His homework is not getting done. He does bad on tests. Q When you have primary custody of him, isn't that your job to make sure his homework is getting done, when he's only spending time with his father every other weekend? A I do make sure his homework gets done. Q But obviously his grades aren't showing that? MR. KLINE: Objection. She's drawing conclusions. Her question is a conclusion. THE COURT: Overruled. If his grades are getting better, she can answer that. BY MS. FRECHETTE: Q Now, you stated that Austin only started having disciplinary problems at school this year. Is that true? A Yes. Q That would be after you changed the custody 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . situation back from a SO/50 to having primary for yourself? A We had been having trouble all summer long. It just -- when he started back to school in September is when all of the problems started. Q But last spring, from January through the end of the school year, he didn't have disciplinary problems at school, did he? A He still had trouble with his grades. Q But I'm talking about disciplinary problems. A None that I remember. Q You stated that your daughter has a lot of problems in school, as well, with grades and discipline? A Just since there's been a problem with Austin, with the lack of her brother bei.ng around. Q So Austin needs to be home for Ashley to get good grades? A No. We've been a family. It disrupted our family. Q Aren't Bob, Austin, MeliO';sa and Tyler a family? Does Austin have two families or does he have one? It's a simple question. A Well, he's only been part of their family for the past however long they've been married, a year or two. I don't know. Q That's interesting. Does Austin have a TV in 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . his room at your house? A No. Q Do you go to bed after Austin every night? A Yes. Q Would you say that it's a fair statement that a l4-year-old boy could be learning a lot of things from his friends at school that might be inappropriate? A Austin told me some of the things he learned from television. Q I didn't ask that. I said, isn't it a fair statement that he could be learning things from other l4-year-old boys at school? A He could be. Q Is it true that you used to do cocaine? A No. Q You've never done cocaine? A No, I have not. Q Do you remember telling }l,ustin that his father didn't want a child when you were pregnant with him? A Austin was never told anything until September. He wasn't told directly. He had overheard a conversation with his father the day that I got the papers from Domestic Relations. Austin was outside when we were having that conversation and had come in the dining room. But, no, nothing was directed at Austin. 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q But he heard that come out of your mouth. Don't you sometimes work on weekends? A I haven't in the past two years. Q What kind of activities are your daughter involved in? A She does basketball. Q Does she do cheerleading? A No. She hasn't in a year and a half. Q When she was in cheer leading, she was pretty active in that, wasn't she? A Yes. Q Isn't it true that Austin had to be dragged along to all of her cheerleading events? A Austin wasn't dragged along. Austin, Ashley and I were a family. Austin chose to go along. Q So that was exciting for him, he had a good time? A He never complained to mE'. Q Isn't it true that you had to go to Disney for one of the cheer leading events? A Yes. Q And the family went? A Yes. Q Did Austin get to ride on any of the rides? A We didn't have a whole lot of time to spend 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . any time doing anything, but we did do family things and ride some rides, yes. I drove, so we needed two days each way. Q But mostly it was there for the cheerleading competition, is that correct? A Yes. Q You had stated that Austin is still having trouble with language arts and that he's failing now? A Yes. Q I believe you said that he's falling back into the same old patterns. What would that mean? A He had two projects that were due on the weekends that he was with his father, and they weren't done, so he got incompletes. Q And he only had one weekend to do the projects? A He got the assignment on a Thursday or Friday. It was just a writing assignment. Q So his old patterns of getting bad grades, you're saying, relate directly only to the father? A No. He didn't do the projects he was supposed to do at his father's house. It was the weekend that his father had him. The projects were not done. Q Well, wasn't he getting bad grades back before the father even had 50 percent of the time? 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A He was suffering -- he's always had problems with that subject. Q And other grades, as well, other classes? A A few. MS. FRECHETTE: I don't have any further questions, Your Honor. THE COURT: Redirect? REDIRECT EXAMINATION BY MR. KLINE: Q Ms. Frechette asked you a question, and you testified that the change in custody happened around the time you received paperwork -- the change back to the original primary custody arrangement happened around the time that you received paperwork regarding a support matter. Had you considered returning to the original arrangement prior to receiving that paperwork? A I tried back in June when school let out. Q How did you try? A I had told Mr. Hollinger, and he refused. Q Just to address the support issue, Mr. Hollinger does pay support? A Yes. Q As Austin has grown older, and as each of your incomes have hopefully gotten a little bit better, you've sought increases in support throughout the years? 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A No. I have not been back to Domestic Relations. I had to go in '96. I haven't been back since. Every time I asked for more, he would threaten not to come around. Q What do you mean by threaten not to come around? A Just refused to come around and take that out on Austin. It wasn't worth it. Q The extra dollars weren't worth it to you to risk the problems that you've gone through with your son with the abandonment issues? A No, no. Austin's happiness was more important to me. MR. KLINE: Thank you. That's all I have. THE COURT: Any recross? MS. FRECHETTE: Yes. RECROSS-EXAMINATION BY MS. FRECHETTE: Q Couldn't Mr. Hollinger have filed for a modification as soon as you started the SO/50 with Domestic Relations? Didn't he pay you the full amount for nine months before he considered a modification? A It was only supposed to be for six months so that he could help out with Austin in -- Q But didn't he pay you the full amount for 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . nine months? A It's court ordered. Q When it was 50/50? A It's court ordered. Q And he could have sought a modification, and he didn't? For nine months, when it was a 50/50 situation, he did not seek a modification? A He wouldn't stop the 50/~)0 situation for child support. MR. KLINE: Nothing further. THE COURT: Thank you, ma'am. You may step down. Do you have your professional wi t:ness available now, Mr. Kline? If so, we'll take that witness. CHRISTINE R. MARTIN having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. KLINE: Q Please state your full name. A Christine Rose Martin. Q Ms. Martin, how are you employed? A I'm a school counselor at the Capital Area Intermediate Unit. Q Through your employment a.t the Intermediate Unit, you have the opportunity to work with children from different nonpublic schools? 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Urn-hum. Q That would include St. Theresa's in New Cumberland? A Yes. Q For the Court's benefit, can you please describe your educational background? A Sure. I have my Bachelor's in psychology from Dickinson College, and I have my Master's in counseling from Shippensburg University. Q How long have you worked for the IU? A This will be my second year, and my second year at St. Theresa's. Q Through the course of that employment, have you had the opportunity to get to know Austin Hollinger? A Yes. Q When did you first start meeting with Austin as a counselor? A The beginning of this year. Q What precipitated those counseling sessions? Was that something generated by a request by the teachers, by the parents? A It was requested by his mother. Q Specifically, what type of issues were to be addressed in regard to the counseling? A Sharing time with mom and dad. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q How often do you see Austin? A I see him two or three times a week. Q Two or three times a week for five minutes, ten minutes, a full period? A That depends. It might be 20 minutes or 40 minutes. Q What types of problems do you work with Austin on during those sessions? A That is confidential information. Q Have you discussed with l\.ustin the fact that you might be testifying today? A No, I didn't. Q Is Austin seeing any type of improvement in the work that you're doing with him? A I find that he is. BY THE COURT: Q When you first started meeting with Austin, was he still in the week-on/week-off with mom and dad? A Yes. Yes, he was. Q Does it make a difference, do you feel, to your treatment whether or not he's in week-on or week-off? A There is some inconsistencies at times. Q What do you mean? Maybe you didn't understand my question, because I certainly didn't understand your answer. 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A I'm sorry. Q He's making improvement, you're saying? A Yes, he is making improvement. Q And I guess that week-on/week-off has stopped during the treatment? A Yes, it has. Q Can you attribute some of the improvement to the change in the custodial situation; where they're back to, instead of one week here and one week there, some consistency in where he's living? In other words, is it easier for your treatment of him to have some consistency in where he's living, or doesn't it make a difference? A Yes, consistency helps him, whether it's one week on or one week off. As long as he's aware of where he is going, he is able to stay consistent through the counseling. Q So the one-week-on/one-week-off, if I went to that arrangement, wouldn't have a deleterious effect on the counseling? A Not on my counseling. Q How about on Austin? A I have that answer. It's confidential. Q What can we do to get that answer from you? A He's torn between both sides. He's a pleaser. He wants to please mom and he wants to please dad. 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . THE COURT: there. Any follow-up? BY MR. KLINE: Q In regard to your comment that he's a I appreciate your frankness pleaser, are any of your concerns related to concerns Austin may have of a fear of abandonment if he doesn't do what his father would like him to do? A He wants the approval of his father. Q Thank you for that answer, but is concern of abandonment one of the reasons why he seeks that approval? A Yes. Q Just to recap. You say that Austin is, in your opinion, doing better over the last few months? A Yes, he's been doing better. He did very well when he was one-week/one-week. He wants to please both parents. Q But he hasn't been on the one-week/one-week in a while, and you're saying even though he hasn't been on that he's still doing better now? A He's still consistent. MR. KLINE: That's all I have. THE COURT: Cross. CROSS-EXAMINATION BY MS. FRECHETTE: Q Have you had conversations with Mr. Hollinger 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . about your concerns for Austin? A Yes, I've spoken to him. Q Can you elaborate on what your concerns were? A (No response. ) Q Let me ask you this. Have you had concerns about Austin's relationship with his mother? A Yes, in some scenarios. Q For instance, her control issues, maybe screaming and yelling at him, does that ever come up? A Yes. Q Were you involved in a meeting, I believe it was back in December of '02, at the school when there were a panel of teachers who met with Mr. Hollinger? A No. Q No, you were not? A No. THE COURT: Is what you're telling me that as long as dad stays involved in Austin's life the current situation is also good? THE WITNESS: Yes. THE COURT: As long as dad stays involved in Austin's life, one week on and one week off is also good? THE WITNESS: Yes. THE COURT: So the key here is dad's involvement in Austin's life? 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . THE WITNESS: Yes. THE COURT: I understand. MS. FRECHETTE: I don't have anything else. Thank you. MR. KLINE: THE COURT: I don't have anything else. Thank you fo:r your time. You may be excused. MR. KLINE: May this witness be excused? THE COURT: She may. I want to hear from dad. Did you have a set time for Ms. Stebbins? MR. KLINE: I don't. MS. FRECHETTE: No. THE COURT: Then let's hear from dad. ROBERT W. HOLLINGER having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. FRECHETTE: Q Mr. Hollinger, can you state your full name and address for the record. A Robert Wayne Hollinger, 616 Lewisberry Road, New Cumberland. Q What is your marital status? A Married. Q Who is your wife? A Melissa Ann Hollinger. 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q How many children do you have? A I have my stepson and Austin. Q How old is your stepson? A He's four years old. Q Can you give me a brief synopsis of your early relationship with Danette? A I would say probably an on/off relationship. We didn't see eye-to-eye on a lot of different issues. We had different interests. It just didn't work. Q Did you know her to have any drug problems? A Yes. Q What would those be? A Cocaine. Q How often did she do cocaine? A In the very beginning, it was -- I think it was pretty often, from what I remember. Q Did you ever witness her doing it? A No. Q How did you know that she was doing it? A Just people who she knew that I knew. Q When Austin was born, were you there for the birth of your son? A Yes. I was present in the room, and so was my sister, Jody. Q So would you disagree with what Ms. Hanzel 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . had to say before about that? A I was present through the whole birth, yes, and I spent the day there, yes. Q Can you describe some of Ms. Hanzel's efforts at sharing custody with you over the years? A She denied me custody of Austin. She would not allow me to see him. She kept him from me. Weekends I was promised to have him, her plans would change. It would change hours before I was to pick him up. That has been pretty consistent the whole way through Austin's life. Q Did you ever show up to pick him up and she wasn't there? A Q A Q A year. Q A in the evening. Q A Q A Yes. Where do you work? I work for Lowe's Home Center. How long have you been there? I have been there -- this is my thirteenth What are your hours? My hours are 7:00 in the morning till 6:00 Is that Monday through Friday? Monday through Friday. Do you work weekends? I work every third Saturday, 7:00 to 12:00. 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q When were you married to your current wife? A We were married in May of 2002. Q Were you living together before that? A We lived together for six months before we got married, yes. Q So you have been living cogether since the end of 200l? A Correct. Q What would you say the custody schedule has been prior to January 2003? A The schedule was where we -- we got along, me and Ms. Bartholomew got along, so we kind of worked around each other's schedule. As Austin has gotten older, we've kind of comprised a little bit. The weekends I could take him, she would generally allow that these last couple of years. Q But wasn't it an alternating weekend schedule for you? A No, it wasn't always an alternating weekend. We did do that when we could, but depending on how I work, because my hours at that time were different than they are now. Q But did you ever have Austin for a week at a time or during the week? A Yes. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q How often was that? A It was fairly often. A couple of days through the week I would have him. THE COURT: Where do you live, sir? THE WITNESS: New Cumberland. THE COURT: So you're also near St. Theresa's? THE WITNESS: Yes. We're in the same school district. THE COURT: The West Shore School District? THE WITNESS: Yes. BY MS. FRECHETTE: Q What happened in December of 2002 or January of 2003 with the school? A I was notified at work to come in and meet with a panel of his teachers. They were very concerned about Austin's mental well-being. They were very concerned about Austin's home life. Several attempts to get Austin's mother to show up for meetings she failed to show up, so I was notified. Q Did she show up for that panel meeting? A No, she did not. Q Was she invited? A Yes, she was. Q How were Austin's grades? 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Austin was doing very poorly. He was failing. Q What kind of grades would you say he was getting? A I believe he was consistently getting -- I think he had one C, a couple of Ds, and an F. Q After that meeting with the school, you talked to Ms. Hanzel. What did you guys decide? A The night after I had my meeting at Austin's school, I called her up and expressed my concern about what had just transformed that day. I told her that their main concern was to change Austin's basically to change his home life. He had a very severe home life problem. They recommended that I MR. KLINE: I object to any statement made by the school representatives to him. THE COURT: Sustained. Move on. Next question. BY MS. FRECHETTE: Q So the custody then changed to 50/50. Can you explain the changes that you saw in Austin after that custodial change took place? A Austin became a happier little kid. He basically started opening up. I started seeing a big change in Austin. 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q What happened with his grades? A Basically his grades started rising. He was doing very well in school. Q What kind of feedback were you getting from the school at that point? A At that point, I was get~ing feedback via e-mail or through the phone and from his learning support teacher, which she told me they seen a qreat difference in Austin, a big change. Q Now, he did have to go to summer school for language arts, is that true? A Yes. Q Did he fail language arts? A I'm pretty sure that he was recommended to go for language arts because of his grades throughout the year, so they recommended that he attend. Q But he wasn't required to go? A I don't believe. Q Did you feel that it was in his best interests to go through summer school? A It was in his best interests, yes, to go. Q From your observations directly between Austin and Danette, how does Danette treat Austin? A I believe there's a certain degree of verbal abuse that he has to go through on a daily basis. 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Can you elaborate on that? A Yelling and screaming at him, from what I personally observed. Q And you've seen that numerous times? A Yes. Q Do you ever have to yell and scream at Austin? A I've never had to yell and scream at him. Q What is Ms. Hanzel's house like on the inside? Have you seen it? A Very cluttered, disorganized. Q Are you able to work on his homework with Austin now? A A lot of times he does not bring his book bag to my house when I have him on the weekends. There are times when he does have it. We do check into it. When he has his book bag with him, we do look over some of it. Q Were you able to work on homework with him when you had a week-on/week-off situation with him? A We worked on his homework every single night. Q When did you file to modify the amount of child support you were paying? A I sent the paperwork in in September of 2003. Q And you had been sharing shared custody since January of 2003? 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes. Q What happened immediately after that? A I received my paperwork on Friday. She informed me the day I received my papenlOrk that she was going that weekend and getting a lawyer and suing for custody. Q Did she say that you would have Austin on your week? A No. She said that I wouldn't see him. It would be I wouldn't see him until things were settled. Q What changes have you seen in Austin now since mom's reverted the schedule back to her having primary? A I've seen Austin going back into his shell. I'm also an assistant coach on his roller hockey team, and I have noticed a big difference in his performance. His performance has totally changed. Q What's Austin's demeanor when it's time to go back to mom's house? A Basically, he's depressed. Q How does he act when it's time for you to pick him up? A Very excited. Q Does mom share in any of the transportation? A I do all of the dropping off and picking No. 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . up. Q Now, you mentioned roller hockey. What other interests does Austin have? A Austin is interested in cars. He's interested in sports cars and muscle cars. He has a strong interest -- he probably gets it from me -- in the Civil War and history. Q Are you involved in these activities that he's interested in? A Yes, I am. Q Do you go to Austin's hockey games? A Yes, I do. Q Does his mom go to his hockey games? A Yes. Q Does she seem that she's paying attention or she's interested? A Yes. Q Why did you get Austin a cell phone? A A lot of it has to do with him going he would go skating at times, and we would drop him off. There was one incident where when he went skating he spent all of his money and didn't have money to call, is basically what it boiled down to. Luckily somebody there knew him and took care of him for me. Q What kind of TV does Aus1:in watch at your 50 . . 1 house? 2 A Austin, for the most part, watches a lot of 3 Discovery Channel, History Channel. He watches a lot of 4 different types of sports shows and dif~erent like car and 5 driver is what I see him watching. 6 Q Do you watch those together, or is he off by 7 himself? 8 A Well, we watch them togel:her, and he watches 9 TV by himself, also, yes. 10 Q How are his grades so far this year? 11 A His grades this year are poor, from what I 12 understand. 13 Q Do they seem to be worse? 14 A I was not sent a copy of his report card this 15 last time. It wasn't shared with me. 16 THE COURT: You didn't request it from the 17 school? 18 THE WITNESS: Yeah, I put a request in for 19 it, but I didn't receive it. 20 BY MS. FRECHETTE: 21 Q Have you gotten any reports from the school 22 or the teachers this year? 23 A The only reports I've been getting is either 24 via e-mail or, I mentioned earlier, by phone. Nothing is 25 sent to me in the mail. 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . . Q What kind of things have you learned through those reports? A I've learned that Austin is reverting back to -- THE COURT: Wait. That's clearly hearsay. BY MS. FRECHETTE: Q When is the first time you learned that Austin had had disciplinary problems this school year? A It was in October. Q Was there a recent activity at the school that you would have liked to have been involved in but weren't informed about? A Yes. It was, I guess, the decision of what high school he would be attending. There was a meeting that Mrs. Bartholomew attended that I was not informed of. Q Do you have a vacation plan this year that you would like to take Austin on? A Yes, we do. Q When is that? A It is May 7th. We're going to be going to Disney World. Q Have you asked Ms. Hanzel yet about that? A No, I haven't. Q But you would like to take Austin on that? A Yes, I would. 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor. BY MR. KLINE: Q all his life? A Q was with you? A Q A Q A a D. Q . . THE COURT: What are those dates? THE WITNESS: May 7th through the 14th. MS. FRECHETTE: I have nothing further, Your CROSS-EXAMINATION Austin has pretty much s-truggled with school Yes. He struggled with school last spring when he Yeah, he sure did. In fact, he did fail language arts last year? Okay. Is that correct? I don't know for sure. -. know he received In fact, he did receive an F during the fourth marking period while he was on the week-on/week-off last year, as well, correct? A Yes. Q In fact, it would be safe to say that while maybe during the third period his grades did get slightly better, the fourth marking period last year is pretty much what Austin has been doing most of his life? 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A No. He's -- his grades '",ere up from what they were. Q But it wasn't a situation where Ds were turned into As or anything like that? A No. Austin is not an A student. Q Any improvement in his grades were pretty much incremental, not necessarily substantial? A It was not substantial, but his grades had improved, and there was a big difference in -- Q In a couple classes his grades actually either stayed the same or dropped? A I don't know about that. Q How long have you been working for Lowe's? A This is my thirteenth year. Q Consistently over the last thirteen years you've always worked for Lowe's? A Yes. Q How long have you been at 616 Lewisberry Road? A This is my third year. Q Where did you live before that? A 272 Orr Bank Road, Dillsburg. Q Who did you live there with? A I lived there with a girlfriend of mine. Q But not your current wife? 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A No. Q In fact, you briefly lived with your current wife while she was married to someone else? A I lived with her and her husband, yes. MS. FRECHETTE: Objection, Your Honor. That's irrelevant. THE COURT: Sustained. BY MR. KLINE: Q In fact, the meeting you referred to about school, you were informed by Ms. Hanzel,. is that correct? A That is not correct, no. Q In fact, you chose to take Austin to the auto show that night instead? A If you're referring to the high school meeting, no, I was not informed of that. I found out about it the day after it happened. Q While Austin was growing up, there were numerous times when you had made arrangements to get Austin and, for one reason or another, chose not to show up, is that correct? A For one reason or another, yes. Q What were those reasons? A Most of it had to do with my work schedule. I have been in Lowe's management since I've been with the company, and there was times my schedule had to change due 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . to people not showing up for work, due to schedule changes. Q If fact, prior to the last couple of years, you saw very little of Austin? A That's incorrect. Q You made an accusation that Ms. Hollinger used cocaine, but you, yourself -- you do now or have in the past drink fairly regularly? A That is correct, in the past. Q And you smoke marijuana? A Yes, I did, yes. Q Have you used any other drugs? A No, I have not. Q You never actually saw Danette use cocaine? A That is correct. Q Even though you dated reqularly, had a child, dated off and on, as you testified, had a child, and actually lived together for a while? A That's correct. Q With regard to the cell phone, you stated the reason you got Austin the cell phone is -- you said that one occasion caused you to get a cell phone? A No, it wasn't one occasion, but it was a reason. That was a reason for getting him a cell phone, in case he was in a situation that he needed to call me. Q And you were aware of Ms. Hanzel's position 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . regarding a cell phone? A Yes. Q Did you discuss getting a cell phone with her? A No. Q Although you were aware of her feelings and beliefs regarding her eighth grade son having a cell phone, you went and did it anyway? A Yes, that's correct. Q Where do you pick Austin up on the weekends? A I pick him up at his mother's house. Q On Fridays, where do you pick him up at? A When it's my Friday to pick him up, I pick him up at school. Q So when you have him on weekends and you pick him up on Friday, he has his book bag? A Yes. Since the order has changed, yes. Q When you have him on tho:3e weekends, when do you drop him off? A I take him to school in the morning. I stop and pick up his sister and take them both to school in the morning. MR. KLINE: I believe r may be done, Your Honor, if r might have a minute. r have. (Brief pause.) That's all 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . THE COURT: Redirect? REDIRECT EXAMINATION BY MS. FRECHETTE: Q Mr. Hollinger, how often do you drink now? A I would say I drink probably -- maybe once every six months I might have a couple of beers. Q Do you drink in front of Austin? A No, never have. Q When is the last time you've done any drugs? A Before I started my career with Lowe's. Q Is the cell phone a way for you to communicate with Austin? A Yes. Q Do you pay the bills for that? A Yes, I do. Q Finally, when Austin comes to spend time with you, do you have any time where you have to have a wind-down time where he's out of control or -- A I never have any issues lvith Austin. MS. FRECHETTE: That's all, Your Honor. THE COURT: Any recross? MR. KLINE: No, Your Honor. BY THE COURT: Q You heard the counselor just testify a few minutes ago that one of Austin's greatest fears is losing 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . you, and I heard testimony about threats made previously that you wouldn't see the child if the support had been raised. If I keep this order in substantially the same way that it is, do you intend to cut back on your -- A I intend to make more of what time I have with him. I've never threatened to leave him. I don't know where that's coming from. There was never a time when I abandoned Austin. There was never a period of time when I wasn't in his life. Q But you understand those are issues he's dealing with? A I understand that. I understand, also, he's being pressured into a lot of these things that he's saying, too. Q Are you prepared to work with him in that regard? A Yes, inasmuch as I can. Q To make him feel safe as far as his connections with you? A Yes. THE COURT: Any follow-up on what I've just asked? MR. KLINE: No, Your Honor. MS. FRECHETTE: No, Your Honor. THE COURT: Thank you, sir. You may step 59 . . 1 down. I would like to hear from the InnerWorks counselor if 2 I could, please. 3 MR. KLINE: Your Honor, if I can recall my 4 client just to address a couple of issues. 5 THE COURT: Not right nOIN. I would like to 6 hear from the counselor first. 7 MS. FRECHETTE: We need to get her on the 8 phone. I have a phone number for her. I do have a letter 9 from Anthea Stebbins that I would like to introduce. 10 THE COURT: What is your co-counsel's 11 position on that? 12 MR. KLINE: Your Honor, basically, the 13 letter -- 14 THE COURT: Well, the question is very 15 simple. Are you prepared to allow the introduction of the 16 letter without having Ms. Stebbins to cross-examine? If you 17 are, I will admit it. If you are not, I will not. 18 MR. KLINE: I'm not, Your Honor. 19 THE COURT: Then we will get Ms. Stebbins on 20 the phone. 21 MR. KLINE: No, I'm not. The reason for -- 22 THE COURT: I didn't ask for a reason. I 23 simply asked what your position was. You may call your 24 client back up to address -- what issue is it that 25 MR. KLINE: The drug use and the yelling and 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . screaming. THE COURT: If I'm not mistaken, your client has already testified that she doesn't use drugs and has never used drugs. MR. KLINE: I can skip that issue. THE COURT: That would just be cumulative. I've heard that before. DANETTE A. HANZEL recalled as a witness, having previously been sworn, testified as follows: DIRECT EXAMINATION BY MR. KLINE: Q Danette, you heard Mr. Hollinger testify regarding what he described as verbal abuse on a daily basis that Austin receives from you. Do you have any idea what he's talking about? A No, I do not. Q You do, however, occasionally raise your voice at Austin for disciplinary purposes? A The third or fourth time he needs to be asked to do something. Q But it's not a situation where it's constant? A No. Q He states that he has seen it numerous times. Are you aware of him being around when it's happened? 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A No. He hasn't been around that much. MR. KLINE: That's all I have. THE COURT: Okay. Any c:ross? MS. FRECHETTE: No. THE COURT: You may step down. I'm going to take a ten-minute recess for you to try and get ahold of Ms. Stebbins. If she's not in, I will reconvene this hearing at a later time to take her testimony. In the meantime, what other witnesses do you have, Mr. Kline? MR. KLINE: Mr. Gregory 11oyer, I believe, is outside. I haven't seen him yet. He indicated he -- THE COURT: Who is he, and what he is going to testify to? MR. KLINE: He is one of Mr. Hollinger's former friends, and he will testify as to his knowledge of Mr. Hollinger's involvement in Austin's life. He's known Mr. Hollinger since before Austin was born. THE COURT: What time frame are we talking about? MR. KLINE: Before Austin was born to the present. THE COURT: You say he was a former friend? MR. KLINE: Former friend, yes. THE COURT: When is the last time he has had 62 . . 1 contact with Mr. Hollinger? 2 MR. KLINE: My understanding is that Mr. 3 Hollinger is presently married to his ex-wife. That's the 4 reason for the departure. 5 THE COURT: Who else do you have? 6 MR. KLINE: That is all I have, Your Honor. 7 THE COURT: What other witnesses do you have? 8 MS. FRECHETTE: We have 11elissa Hollinger, 9 who is Mr. Hollinger's current wife, and Fran Harrison, who 10 is Ms. Hanzel's sister. We also wanted you to speak to 11 Austin. 12 THE COURT: I will speak to Austin. I will 13 speak to Austin. I don't intend to have the attorneys ask 14 Austin any questions, particularly based upon what I have 15 heard from his counselor. Any objection to that, Mr. Kline? 16 MR. KLINE: No, Your Honor. 17 MS. FRECHETTE: Not at a11. 18 THE COURT: Good. Call your witness, Mr. 19 Kline. 20 GREGORY A. MOYER 21 having been duly sworn, testified as follows: 22 DIRECT EXAMINATION 23 BY MR. KLINE: 24 25 Q A Mr. Moyer, please state your full name. Gregory A. Moyer. 63 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . Q Can you please tell the Court where you currently reside? A I reside at -- I have a P.O. box -- P.O. Box 23S, Lewisberry, Pennsylvania. Q You know Mr. Hollinger and Danette Bartholomew? A Yes, I do. Q How long have you known these two? A Probably IS years, anyway. Q How did you know them? A Friends. Q Friends with both, or primarily one or the other? A Primarily Mr. Hollinger. Q Were you friends with Mr. Hollinger when Austin was born? A Q Yes, I was. Describe the nature of your friendship at that time? A Q A Q A Q We spent a lot of time doing things together. What types of things? Running around, partying, picking up women. That was 13 years ago. You were young then? Yes. You would see Mr. Hollinger on a regular 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . basis? A Almost daily. Q From your knowledge and your involvement with Mr. Hollinger almost daily THE COURT: Almost daily until when? What time frame are we talking about, right up until today or -- THE WITNESS: No, about I would say about until 1999, 2000. THE COURT: Okay. Go ahead, Mr. Kline. BY MR. KLINE: Q During that period from Austin's birth until 1999 or 2000, how would you describe Mr. Hollinger's involvement with his son? A Very limited. Q Why would you say that? A Because I seen him most of the time. He didn't have his son that much. Q During this time -- when you say very little, did he have Austin on weekends? A Not that I can recollect. Q Did he do things with Austin? A Not a lot that I know about. Q Are there times when Mr. Hollinger discussed having plans with Austin and didn't sho"r? A That has come up already, yes. 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . Q Did that happen often? A A few times that I can remember, yes. Q Why would Mr. Hollinger not show up to get his son when he had made arrangements? A Probably because, I don't know, I was having a party or something. Q Was it work related? A No. Q You are familiar with Mr. Hollinger's employment history? A Yes. Q You know he works for Lowe's? A Yes. Q To the best of your recollection, how long has he been with Lowe's? A A good while with Lowe's. Q And before that? A Various jobs. Q Mr. Hollinger's living arrangements, has he pretty much had a consistent home throughout the years? A No. THE COURT: I don't care about throughout the I care about, let's say, 2004. Do you know his years. living arrangements in that period of time? THE WITNESS: When? 66 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . THE COURT: Well, you haven't really been in touch with him much after 2000, is that correct? THE WITNESS: THE COURT: No. Not really, Next question. no. BY MR. KLINE: Q Mr. Hollinger lived with you and your former wife for a while, is that correct? A Correct. Q When was that? A 1997. Q How long did he live with you? A Probably like five or six months. Q He was working at Lowe's at the time? A Correct. MR. KLINE: That's all I have. THE COURT: Cross. CROSS-EXAMINATION BY MS. FRECHETTE: Q Mr. Moyer, isn't it true that you've done a fair amount of drugs in your life? A Yes, I have. Q Would those be, for instance, marijuana, cocaine, heroin? A No heroin. Q Marijuana and cocaine regularly? 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Marijuana. Q Do you and Mr. Hollinger's wife have a child together? Is that true? A Say that again. Q Do you and Melissa Hollinger have a child together? A Q child? A pick him up. Q A Q Yes, we do. What custodial schedule do you have with that Every other week or when I can call up and Every other week or every other weekend? Every other weekend. Isn't it true that a lot of times you don't show up for your own custodial visits? A Sometimes, because I have to work. Q Or go to a party? A No. Q Now, would you say that Mr. Hollinger ruined your marriage with your wife Melissa? A He might have helped, bu'~ I'm sure I'm part of it, too. So is she. Q But you used to be friends until he started dating your wife, is that true? A That's correct. 68 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . Q Did you ever threaten to kill Mrs. Hollinger or Mr. Hollinger? MR. KLINE: THE COURT: THE WITNESS: Objection as to relevancy. Overruled. I never threatened to kill anybody. MS. FRECHETTE: Nothing further. THE COURT: Redirect? MR. KLINE: No, Your Honor. THE COURT: Thank you, sir. You may step down. MR. KLINE: May this witness be excused? THE COURT: He may. Mr. Kline, you have no further witnesses. You rest? MR. KLINE: Yes, Your Honor. THE COURT: We'll take a ten-minute recess to give you the opportunity to try to get ahold of Ms. Stebbins. If you cannot reach her, then we will schedule a date to get her testimony. MR. KLINE: If I may, Your Honor, Ms. Frechette and I had agreed to stipulate to the admission of Austin's report cards from this school year and last school year as Plaintiff's Exhibits 1 and 2. THE COURT: That's fine. MS. FRECHETTE: The only thing that I'm not 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . sure about is these aren't dated. THE COURT: Then there's not a stipulation. You can talk about that, and then get back to me after the recess. (A recess was taken.) MR. KLINE: Your Honor, if I may, during recess, counsel and I were able to reach a stipulation in regard to the admission of Austin's report cards. Plaintiff's Exhibit 1 is his report card from this current school year. Plaintiff's Exhibit 2 is his report card from last year. THE COURT: Okay. They are admitted. FRANCINE A. HARRISON having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. FRECHETTE: Q Ms. Harrison, can you state your full name and address for the record. A Francine Ann Harrison, 2~i Shamrock Lane, Etters, 17319. Q What is your relationship to Ms. Hanzel? A She's my sister. MR. KLINE: I'm sorry, Your Honor. hear the witness. THE WITNESS: She's my sister. I can't 70 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . BY MS. FRECHETTE: Q Do you love and care about your sister? A Absolutely. Q Have you observed Mr. Hollinger and his relationship with Austin throughout the years? A Yes, I have. Q Is it your opinion that Mr. Hollinger has been involved with Austin all throughout his life? A Yes, he has. Q When do you feel Ms. Hanzel began to express discontent with the 50/50 custody situation? MR. KLINE: Objection. Calls for speculation. THE COURT: Overruled. MS. FRECHETTE: You can answer. THE WITNESS: When Bob went to Domestic Relations to have the support lowered. BY MS. FRECHETTE: Q What makes you think that? MR. KLINE: Objection, Your Honor. No foundation for this secondhand opinion that -- THE COURT: Overruled. THE WITNESS: Austin was going with Bob a week-on and a week-off beforehand, and that, I believe, is his reasoning. He felt it was only fair that, you know, 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . they had an equal -- he had an equal time as Danette, and he felt that the support should be lowered. BY MS. FRECHETTE: Q How do you know that, or why do you feel that Ms. Hanzel stopped 50/50 right after he filed at Domestic Relations? A She was angry with, you know, his decision to do that. Q Are you and Ms. Hanzel c1ose? A At this time, I don't know. Q Have you been close over the years? A We have been. Q Do you talk a lot? A Recently, no. We were together on Christmas. She did come to my house on Christmas. Q Before this custody action, though, what kind of a relationship did you have? A We see each other at our son's hockey games, occasionally if our kids did things together. Q Did you talk on the phone a lot? A No. Q What can you tell me about John Hanzel, who was Ms. Hanzel's ex-husband? THE COURT: They haven't been together for a year and a half? 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . MR. KLINE: No, Your Honor, they haven't. THE COURT: Do you agree with that? MS. FRECHETTE: I don't know how long it's been. It's probably been a year or so. THE COURT: Then I don't want to hear that. MS. FRECHETTE: Okay. THE COURT: Unless she's going to tell me something I haven't already heard. I mean, I heard he was a heroin addict, and I heard that he went to jail for robbery. If you have something else that you want to elicit from this witness, that's -- MS. FRECHETTE: Just one other question. THE COURT: Go ahead. BY MS. FRECHETTE: Q Do you believe or had you known Mr. Hanzel to have a contagious disease? MR. KLINE: Objection as to relevancy. THE COURT: Sustained. MS. FRECHETTE: Well, Your Honor, we believe that it's relevant because THE COURT: I've already sustained the objection. BY MS. FRECHETTE: Q How does Austin behave when he's at your house? 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Like a gentleman. Q Does he ever give you a hard time? A No. Q Do you know why his grades have been bad? MR. KLINE: Objection. Calls for speculation, Your Honor. THE COURT: Overruled. THE WITNESS: Recently, meaning since everything that's been happening the past few months -- he's a young man, and he's probably scared. He's got a lot on his mind just being a teenager, let alone his parents wanting custody, full custody of him. He's confused. I have a fourteen-year-old. I don't know how he could think in school if he was dealing with this on the side. BY MS. FRECHETTE: Q Do you think he has a problem getting his homework finished? A I'm not in his house. Right now, I don't know. Q Could you describe Ms. Hanzel's house? A Cluttered. Not very -- it's cluttered. Q Cluttered in what way? THE COURT: I understand clutter. BY MS. FRECHETTE: Q When John Hanzel had OD'd on heroin in Ms. 74 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . Hanzel's home, who was it that took the children away? MR. KLINE: Objection. THE COURT: What basis? MR. KLINE: I believe this question about Mr. Hanzel has been asked and an objection was sustained. THE COURT: Overruled. Go ahead. BY MS. FRECHETTE: Q Who is it that came and picked up Ms. Hanzel's children when that happened? A I did. Q Where did you take them? A To my house. Q Did you feel that they were in harm at that point? A Absolutely. Q How would you describe Austin's relationship with his mother? A Austin loves his mom. He's always been with his mom. Q Do they get along well? A They get along. I think he tries to push buttons sometimes, and it's a matter of control. At his age, it's not easy. I have a teenager of my own. Q Have you witnessed Ms. Hanzel screaming, yelling and swearing at Austin? 75 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . A Yes, I have. Q Has that occurred very often? A Yes, it has. Q What kind of things does she say when she's raging at him? A If she's mad at him and can't get him to do what she wants him to do, or if he's picking on his sister, she does use language that's not appropriate. Q Like curse words? A Yeah. Q Have you ever seen Mr. Hollinger curse or swear or scream at Austin? A I've been around my sister a lot more No. than I've been in Bob's home. Q Have you been in Bob's home before, though? A Yes. Q Does he cook meals for his family? A Yes. Q How often would you say Ms. Hanzel cooks meals for her family? A I don't know. As far as sitting down at the table kind of meal? Q Yes. A Not enough. She's not starving Austin, by any means. But my reason for that would be to sit down as a 76 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . family at the table with the kids whether you're a single mom or not a single mom, you need to sit down with the kids and prepare a cooked meal. MS. FRECHETTE: I have no further questions. I would just like to thank you for bein<;r here. I know it's difficult. THE COURT: Cross-examine. CROSS-EXAMINATION BY MR. KLINE: Q Ms. Harrison, you testified that you really haven't been around Bob a whole heck of a lot, but you're willing to give him glowing recommendations in regard to some of the things that he's done. How do you rectify that? A I haven't been in Bob's home doing thinqs with Bob like I have been with my sister. I have taken my son there. He's stayed there with his cousin and Bob. Q So you haven't seen him cook meals on a regular basis? A Actually, I picked on Bob when I walked in his house because he was making pot roast. Q On that one occasion? A (Witness nods affirmatively.) Q You say that you've seen your sister screaming and yelling and cursing often, but yet you also say that you really haven't seen her al1 that often over the 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . last year or so? A Since John was part of her life -- since John OD'd on heroin, that's when my sister and my relationship deteriorated. Before that, we did -- our kids were together. We were together we were sisters -- whether it be over the phone or whether it be in the home. I don't agree with that. Q You say she does it because Austin is either defiant or picking on his sister. Are you saying that Austin does that often? A You asked me when she uses that kind of language. listen. It's basically, you know, to get the kids to Q How do you discipline your own children? THE COURT: I don't even want to get into that. MR. KLINE: That's all I have. THE COURT: Redirect? MS. FRECHETTE: Just one question. REDIRECT EXAMINATION BY MS. FRECHETTE: Q Why are you here today to testify on behalf of Bob? Is it because of problems you have with your sister because of John? MR. KLINE: That goes beyond cross, Your 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Honor. I object. THE COURT: Overruled. THE WITNESS: I'm here because I have a responsibility to Austin. MS. FRECHETTE: Thank you. THE COURT: Anything else? MR. KLINE: No, Your Honor. THE COURT: Thank you. You may step down. want to hear from your client's wife. I MELISSA A. HOLLINGER having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. FRECHETTE: Q Mrs. Hollinger, can you please state your full name and address. A Melissa Ann Hollinger, 616 Lewisberry Road, New Cumberland, Pennsylvania, 17070. Q You are currently married to Mr. Hollinger? A Correct. Q How many children do you have? A I have one son and a stepson. Q How old is your son? A My son will be five on the 13th of February. Q His name is? A Tyler Gregory Moyer. 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q How long have you been involved in Austin's life? A His dad and I met in 2000, which is when we started dating. Q What have you observed about Austin since you've known him? A Austin is a very good kid. He's very smart. He's very polite. He does have some trouble in school, which, you know, we try to handle. He's just -- he does really well with my son. Q What kind of a relationship does he have with his father that you've observed? A The relationship between them is very good. It's like a more of a friendship type relationship. Q How do you and Austin get along? A We get along pretty good. I kind of tried to stay back some. I mean, he -- I welcome him into my house. You know, I don't discipline him or anything like that, I let his dad do that, because I don't want to overstep my boundaries. Q How about his relationship with his mother from what you've observed? A I know he loves his mom a lot. I know he hopes or wishes that she would not holler at him as much. I know she does things with both him and his sister. 80 Q in? A Q A paint ball. Q Q A Q A Q A night. Q Austin? A Q sometimes? A . . SI 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . basically just sits him down and talks to him. Q Does Austin ever act out when he's at your house? A No. MS. FRECHETTE: Nothing further. THE COURT: Cross? MR. KLINE: No questions.. THE COURT: Thank you, ma'am. Give me an offer of proof on what Anthea Stebbins would say. MS. FRECHETTE: What she said to both Attorney Kline and I on the phone the ot:her day -- we did talk to her at the same time -- she had said that when she first began treating Austin way back several years ago that there were three main reasons why she was treating him. Specifically, I was looking for whether it had to do with abandonment issues that were brought up. She said, first and foremost, it was his relationship and his problems with his n10ther. Second off, it had to do with his problems in scho01. Third, her words were, his sadness for not seeing his father as often as he'd like. THE COURT: What part of that did you want to contest in cross-examination? MR. KLINE: I can rephrase my understanding of that same conversation, Your Honor. First and foremost, 82 . . 1 the concern was academic. The second concern was Austin's 2 behavioral problems in mom's home. Third was sadness at not 3 seeing his dad. 4 MS. FRECHETTE: The other thing that I wanted 5 to ask her was 6 THE COURT: I don't want to hear what you 7 wanted to ask her. I want to know what she was going to 8 say. 9 MS. FRECHETTE: She was c[oing to say that it 10 was clear that Austin has expressed that: he wants equal time 11 in both homes, that he's been crystal clear on that. 12 MR. KLINE: That was on the basis of one 13 meeting with Austin. 14 MS. FRECHETTE: Two with Austin, one with 15 each parent. 16 MR. KLINE: Actually two, one with each 17 parent. 18 THE COURT: Okay. Who else did you intend to 19 call ? 20 MS. FRECHETTE: No one else. 21 THE COURT: Okay. Then I want to talk with 22 Austin in chambers right now. I'm not :::ure that we'll need 23 to reconvene this hearing to hear from Ms. Stebbins. I'm 24 not sure you disagree on what she would testify to enough to 25 have it make a difference. 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . MS. FRECHETTE: Right. I don't think we really disagree. THE COURT: Do you agree with that? MR. KLINE: The only reason I didn't stipulate to the report, Your Honor, is because the report only addresses the last two meetings and not her prior counseling. THE COURT: Good. Then I will meet with Austin. Counsel are welcome to be present if you wish. I'll meet with him on the record. If either counsel wants to be present, then both counsel wi11 be present. If neither wants to be present, I'll meet with him alone on the record. What is your preference, Mr. Kline? MR. KLINE: My preference is to be present, Your Honor. MS. FRECHETTE: I would like to sit in, as well. THE COURT: Okay. Let's get it set up in my chambers. * * * (The following occurred in chambers in the presence of counsel:) (AUSTIN D. HOLLINGER entered the room.) BY THE COURT: Q Are you Austin? How are you, Austin? I'm 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Judge Guido. Nice to meet you. Have a seat. So you're almost 15, right? A Yep. Q Next month you'll be 15? A Yep. Q I know when I was 15, I knew everything. I've got a couple of teenagers myself -- or not so much anymore. They're almost out of the teenage years. You go to St. Theresa's? A Yep. Q You're going to be in the eighth grade? A In. Q That's right. You are in the eighth grade? A Yeah. Q As I understand it, you are a roller hockey player? A Yeah. Q What is roller hockey? They didn't have that -- A Like ice with roller blades. The same -- mainly the same thing. Q Where do you do it? A Susquehanna, Lemoyne. Q Like on a gym floor or A Tiles or something. It's like rubber. 85 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . Q Do they set down a special floor for it? A It's like -- you can play on a wooden floor. There's like this tile stuff out. Q Do they have arenas they build for this or at the gyms at schools? A You can't really play at gyms because it's waxy. Q You play just like ice hockey? A Yes, but you don't check and stuff. Q Like touch football? A Yeah. Q What position do you play? A Offense, defense. Q Both sides, huh? A Yeah. Q Your dad coaches? A Yeah. Q Did he play when he was a kid? A He played football. Q From what I understand, t.he whole family comes to these things. It must be a lot of fun. A Yeah. Q Let's get down to business. Do you know why you are here today? A Yeah, I guess. 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q There just ain't enough of you to go around, from what I understand. Both mom and dad want you. A Yeah. Q I want to make sure you understand the ground rules on this. Do you understand whose decision this is? A Yours. Q Absolutely, it is my decision, just so you understand. I'm going to ask you some questions now. I need you to promise to tell me the truth. Will you do that? A Yeah. Q Sue is going to swear you in. Have you ever been sworn in before? A School, in social studies, for fun. Q You have had mock trials and stuff? A Yeah. Q You've never been in court before? A No. Q That's good news. I'm glad to hear that. (AUSTIN D. HOLLINGER was sworn.) BY THE COURT: Q I'm not sure where to begin this, because these are always tough calls. Honestly, the only thing in my experience, having been a teenager myself a lot of years ago, the only thin<j tougher in the world than being a teenager is being the parent of a teenager. Someday, if 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . you're lucky enough, you'll see that. Okay. You've got, as I understand it, a sister that you live with with your mom, is that ri<;rht? A Yeah. Q What is her name? A Ashley. Q She's a pain in the butt, right? A Yeah. Q Because I had a sister. You're four years older than her? A Three. Q I'm three and a half years older than my sister. You're 15 and she's A Eleven. Q Okay. So that's the age -- as I understand, she just started being a pain in the butt, is that right? A Well, she had been, but not as much. Q So you two fight sometimes, huh? A Yeah. Q That doesn't strike you as being unusual, does it? A No. Q It doesn't strike me as it being unusual either. You love your sister, don't you? A Yeah. 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Although there were times I doubted that I loved my sister. A I still do. Q Deep down you know you do. I've got to tell you, 38 years later, you forget all of that fighting, unless you're sitting around the table and your mother or dad brings it up. You'll get through those times. You've got a baby brother? A Yeah. Q Wi th your dad and your st:ep mom? A Yeah. Q So I guess you're sort of his hero, right? A Yeah, I'm his big brother. Q I have a baby brother, too, and I was his hero for a while. You know what, 40 years later, he's a bigger pain in the butt than my sister. A He's sometimes a pain in the butt with his trucks and stuff, but he's cool. Q It's nice to have someone look up to you, isn't it? A Yeah. Q How do you get along with mom and dad? Let's do dad first. I'm not going to ask you if you love them both, because it's clear that you love them both from everything I've heard out there. 89 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . A Yeah. Q That's a tough call. How do you <jet along? A We usually watch movies, history movies and stuff, watch the History Channel, play games. Q We're talking about dad, right? A Yeah. Q You get along well with your dad? A Yeah. Q You get along well with your mom? A Yeah. Q You have spats with your mom when she wants you to do chores, right? A Yeah, chores and stuff. Q I've got teenage kids. I understand your mom is able to get you to do your chores, though, right? A Yeah, I still do them, but I give her a hard time. Q She's ahead of me in that. regard. My kids just don't do them. How does she get you to do them? A Takes away stuff. I play paint ball. She usually takes away my paint ball gun and stuff. Q That gets you to do them,' A Yeah. Q How is it working out the way it is now? A The way it is now? 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . Q Yeah. A You mean like -- Q As I understand it, now you're going to your dad's every other weekend from Friday until Monday morning, and then you spend every other Thursday night there, is that right? A Yeah, that's right now. Q Your sister has a different dad than you do, is that right? A Yeah. She doesn't see him. Q She's home all the time? A Yeah. Q When you're home on weekends, you get to spend that time with your sister? A Yeah. Q That ain't the greatest deal in the world, is it? A No. Q How is it working out like that? Is everything okay this way? A It's okay, but I would rather spend more time with my dad. Q Okay. Because you love them both, right? A Yeah. Q So you want to spend time with both? 91 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . A Right. Q You don't want to hurt anybody's feelings, as I understand it, right? A Yeah. Q Do you understand it's my call on this? A Yeah. Q You'll go along with what: I say, won't you? A Yeah. Q That's a yeah? A Yeah. Q Good. Is there anything else you want me to know, Austin? A Pretty much not. Q Anything you want to ask me? A No. Q Did you know your dad has a Disney World trip planned in May? A Yes, the 7th through the 14th. Q No matter what I do, you want to go on that, right? A Yeah. Q You've got my word on that one. You'll get to go. Are you flying or driving? A Flying. Q Have you ever flown before? 92 . . A Q summertime? I year, right? A Q A Q A Q A Q then? A Q A Q 93 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 . . A Yeah. Q It wouldn't help for your sister to play because you can't check? A Yeah. Well, some people still do, but we get penalties and stuff. Q Well, if there's nothing else you want to ask me, then I'm going to make this tough decision. A Okay. Q From your standpoint, I think the way we'll look at it is that you're fortunate that both parents love you enough to want you. I'll make what I feel is the right decision, and we'll go from there, okay? A Okay. Q All right. Nice to meet you. A You, too. Q Good luck. I've heard a lot of good things about you out there. let you in out there. Actually, I don't know why I didn't Your head would have gotten too big if I would have let you hear all of those nice things I heard. A I probably would have fell asleep, too. Q Nice to meet you, Austin. Hope I never see you again, at least not in court, Son. You're free to go. (Austin D. Hollinger exited chambers.) THE COURT: You're welcome to make a closing 94 . . 1 killing him. He thinks it's his call. Do you know how 2 tough that is for a kid? 3 You know, I said this to Austin, and I meant 4 this. There's no tougher job in the world than being a 5 teenager. God, that's a tough job, under the best of 6 circumstances. Except there is one tougher job, and that's 7 being the parent of a teenager. It drives you crazy. S 9 10 11 12 13 to get along in the future for the benefit of this young 14 man. 15 Let me say that I don't doubt in my mind that 16 both of you, in your own right, love this young man and are 17 capable of rearing this young man and doing a good job at IS it. I think you both can be good parents. 19 Dad, I think you took a walk in some of the 20 years when you should have been there for him. That's 21 something you're going to have to live with. You'll never 22 get those years back. You've got a chance to make that up 23 now. Don't take a walk on him now. He needs you. You are 24 his hero. 25 And, Mom, you've been there for him all He needs both of you. He doesn't need the two of you fighting with each other over where he's going to be and when he's going to be there. He needs the two of you working together as a team. You didn't get along together, but you created a wonderful young man. It's your duty now 96 . . 1 along. You yell and swear at: him. He's a teenager. That 2 happens. I can tell you now that once he's up and out of 3 the house, you're going to look back and regret all of those 4 times you yelled and swore at him, and you're going to say, 5 gee, I wish it could have been better. But it's not easy 6 raising a kid, especially not as a single parent. 7 You know what? You can help each other out S in that regard. You've <jot him in common. Like it or not, 9 you're going to have grandchildren in common. You're going 10 to have birthdays in common forever. You're going to have 11 graduations in common and weddings in common and all of that 12 stuff. You've got to work together. 13 I doubt that either one of you are going to 14 like the decision that I've made. I've made the decision 15 because I think it's in the best interests of Austin. 16 There's a very simple way for you to correct the faults in 17 my decision, and that's for mom and dad to tell me to keep IS my nose out of it, and you two decide what's best for this 19 kid. I need the two of you to work together. He needs the 20 two of you to work together. 21 The purpose of my decision is to put 22 stability in Austin's life and to maximize the amount of 23 time that he can spend with both of you. Here it goes. 24 (The following Order was entered by the 25 Court:) 97 . . 1 "AND NOW, this 6th day of February, 2004, 2 after hearing, our Order of December IS,. 2003, is vacated, 3 and replaced with the following: 4 "1. Legal Custody. The parties, Danette A. 5 Hanzel and Robert Hollinger, shall have shared legal custody 6 of the minor child, Austin David Hollinqer, born March 22, 7 19S9. Each parent shall have an equal right, to be S exercised jointly with the other parent, to make all major 9 non-emergency decisions affecting the child's general 10 well-being including, but not limited to, all decisions 11 regarding his health, education and religion. Pursuant to 12 the terms of Pa.C.S. Section 5309, each parent shall be 13 entitled to all records and information pertaining to the 14 child including, but not limited to, medical, dental, 15 religious or school records, the residence address of the 16 child and of the other parent. To the extent one parent has 17 possession of any such records or information, that parent IS shall be required to share the same, or copies thereof, with 19 the other parent within such reasonable time as to make the 20 records and information of reasonable use to the other 21 parent. Both parents shall be entitled to full 22 participation in all educational and medical/treatment 23 planning meetings and evaluations with regard to the minor 24 child. Each parent shall be entitled to full and complete 25 information from any physician, dentist, dentist, teacher or 98 . . 1 authority and copies of any reports given to them as parents 2 including, but not limited to: medical records, birth 3 certificates, school or educational records, attendance 4 records or report cards. Additionally, each parent shall be 5 entitled to receive copies of any notices which come from 6 school with regard to school pictures, extracurricular 7 activities, child's parties, musical presentations, S back-to-school night, and the like. 9 "2. Physical Custody. 10 "A. The Mother shall have primary physical 11 custody of Austin during the school year subj ect to Father's 12 rights of partial custody as follows: 13 "(i) Alternating weekends from Friday after 14 school until Monday at the commencement of school. 15 "(ii) Every other Thursday from after school 16 until to commencement of school Friday. 17 "(iii) In the year 2004 only, from after IS school on Thursday, May 6th, until the beginning of school 19 on Monday, May 17th, so that Austin may accompany Father 20 and his family on a trip to Disney World. Provided, 21 however, that Father shall assure that Austin calls his 22 Mother, at Father's expense, to talk with her up to one half 23 hour on Mother's Day. 24 "(iv) At such other times tasks parties 25 aqree. 99 . . 1 "B. Summer. Father shall have primary 2 physical custody of Austin during the summer months from 3 Monday after school lets out until seven days before school 4 begins, subject to Mother's right of partial custody as 5 follows: 6 "(i) Alternating weekends from Friday after 7 Mother gets off work until Sunday at 9:00 p.m. 8 "(ii) Every other Thursday from the time 9 Mother is off work until Friday at a time that is convenient 10 to the parties, but in no event later than Mother's return 11 from work on Friday. 12 "(iii) At such other times as the parties 13 agree. Provided, that each party may have up to seven 14 uninterrupted days of time with Austin in the summer to 15 allow for a family vacation, with the condition that they 16 actually go on a family vacation, and the other party is 17 given at least 30 days' notice of the time and place of the IS family vacation. 19 "3. Holidays. The following holiday schedule 20 shall take precedence over the regular schedule: 21 "A. Christmas. The Father shall have Austin 22 from noon on Christmas Eve until 1:00 p.m. on Christmas day 23 in even-numbered years, and from 4:00 p.m. on Christmas day 24 until 8:00 p.m. on December 30 in odd-numbered years. 25 "B. Thanksgiving. The Father shall have 100 . . 1 Austin from Thanksgiving day at 5:00 p.m. until the start of 2 school in even-numbered years, and from 5:00 p.m. the 3 Wednesday before Thanksgivinq until 5:00 p.m. Thanksgiving 4 day in odd-numbered years. 5 "C. Father shall have the child on Father's 6 Day commencing no later than 9:00 a.m., and Mother shall 7 have the child on Mother's Day commencing no later than 8 9:00 a.m. 9 "4. The parties shall participate in therapeutic 10 family counseling with Anthea Stebbins B.t InnerWorks until 11 successfully discharged therefrom." 12 THE COURT: I've done my best. Good luck to 13 both of you. You've got a wonderful young man there. 14 Cherish him. Work together. This isn't about who did what 15 wrong. I don't know a parent that has tried to raise a 16 child that hasn't done something wrong over the course of 17 raising that child. It's just not possible. Even June IS Cleaver in Leave It to Beaver made her share of mistakes. 19 It's a shame that in these custody cases that 20 the parents have to think that they've got to pick on the 21 bad parts of each other. I'm sure both of you agree that 22 when push comes to shove you've both done some things you're 23 not proud of and you have both done some things to be proud 24 of. Let's try to do more proud things together and try to 25 reinforce that with each other. Good luck. 101 . . 1 Did I miss anything, or do you need 2 clarification on anything, Mr. Kline? 3 MR. KLINE: No, Your Honor. 4 THE COURT: Ms. Frechette? 5 MS. FRECHETTE: We just 'lIant to make sure 6 that -- this would normally be Mr. Hollinger's weekend 7 starting today. We want to make sure that it starts today. S THE COURT: I didn't say when they start. 9 They are what they are. I'm just sort of picking up where 10 we left off. Mom and dad have to talk. Ma'am, do you have 11 access to e-mail? 12 MS. HANZEL: Yes. 13 THE COURT: I know you do, don't you? 14 MR. HOLLINGER: Yes. 15 THE COURT: Are the two of you able to 16 communicate with each other, or do you push buttons and end 17 up getting in fights when you try to talk? IS MR. HOLLINGER: E-mail would be best. 19 MS. HANZEL: I would rather verbal 20 communication. 21 THE COURT: Okay. Well, I'm not going to 22 rule out verbal communication, but I think it's important 23 that the weekends that you have Austin, I want you to e-mail 24 something to her every day about what he's done or what he's 25 doing. Likewise, the times that you have Austin, it's a 102 . . 1 qood idea to e-mail him. Say something positive about this 2 wonderful boy you have in common and try to work together. 3 I don't discourage verbal communication. 4 I heard a lot of negative things today. None 5 of it played a part in my decision. My decision was based 6 upon what I felt were the positive of both parents and what 7 I felt was truly in Austin's best interests. I made it very 8 clear to him that this was my call and not his call. I ask 9 you to reinforce that. If you're not happy with that, 10 that's just tough darts. Don't let Austin know that. Good 11 luck. 12 (Court was adjourned at 4:20 p.m.) 13 14 15 16 17 18 19 20 21 22 23 24 25 103 . . ... CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. ~j)~Uu Susan Rice Stoner Official Stenographer ----------------------- The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. I ;--I? 7/0 ~ c ------) ..~ Date Edward E. Guido, J. 104 6 ~ :21 fld L Z JJO :iDDl ~ U"'ll-'j:-';"'; ',' i '"~',_.1 :JHl -it) IiUV__-"\.~,,. ,.'_,,-,,j...JI -,,-' j8>:_~O-l]:nLJ DANETTE A. HANZEL, now DANETTE A . BARTHOLOMEW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. v. 03-5335 CIVIL TERM ROBERT HOLLINGER, Defendant IN CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 18th day of January, 2006, after hearing on this case, the parties are directed to submit their proposed Findings of fact and Conclusions of Law on or before the close of business on January 26, 2006. By the Court, 'l~ M. L. Ebert, Jr., J. ,,,fohn J. Connelly, Jr., P.O. Box 650 Hershey, Pa. 17033 For the Plaintiff Esquire Jiisa M. Coyne, Esquire 3901 Market St:. Camp Hill, Pa. 17011 For the Defendant \ :mtf G ;;~ :! E'(~ ::'.l' -:1" '::'i11 '. DANETTE A. HANZEL, n/k/a DANETTE A. BARTHOLOMEW Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT HOLLINGER, Defendant/Petitioner 03-5335 CIVIL CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 2nd day of February, 2006, after a hearing, it is ORDERED AND DIRECTED that: 1. Leqal Custody: The parties, Danette A. Hanzel, n/k/a Danette A. Bartholomew and Robert Hollinger shall have shared legal custody of the minor child Austin David Hollinger, who was born March 22 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof. with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician. dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school nights. and the like. 2. Phvsical custodv. A. The parties, Danelle A. Hanzel, n/kla Danelle A. Bartholomew and Robert Hollinger. shall have shared physical custody of the minor child, Austin David Hollinger. Beginning February 12, 2006, the parties will alternate physical custody of the child on a weekly basis. The weekly custodial period shall run from 6:00 p.m. on Sunday evening until 6:00 p.m. the following Sunday evening. The father shall have first weekly custodial period beginning February 12, 2006. B. The child shall remain enrolled in the Lower Dauphin School District and during weeks that the child is in the custody of the father, the father shall provide transportation to and from school. C. Holidavs. The following holiday schedule shall take precedence over the regular schedule: (i) Christmas - The Father shall have the child from noon on Christmas Eve until 1 :00 p,m. on Christmas Day in even-numbered years. The Mother shall have the child from 1 :00 p.m. on Christmas Day until 1 :00 p.m. on December 26 in even- numbered years. In odd numbered years, the Mother shall have the child from noon on Christmas Eve until 1 :00 p.m. on Christmas Day and the Father shall have the child from 1 :00 p.m. on Christmas Day until 1 :00 p.m. on December 26. (iI) Thanksgiving - The Father shall have the child from 6:00 p.m. the day prior to Thanksgiving Day until 2:00 p.m. on Thanksgiving Day in even-numbered years. The Mother shall have the child from 2:00 p.m. on Thanksgiving Day until 10:00 a.m, the day following Thanksgiving Day. In odd numbered years, the Mother shall have the child from 6:00 p.m. the day prior to Thanksgiving Day until 2:00 p.m. on Thanksgiving Day . and the Father shall have the child from 2:00 p.m. on Thanksgiving Day until 10:00 a.m. the day following Thanksgiving Day. (IIi) Father shall have the child on Father's Day from 9:00 a.m. until 9:00 p.m., and Mother shall have the child on Mother's Day from 9:00 a.m. until 9:00 p.m. (D) At such other times as the parties may agree. 3. Transportation. Transportation shall be shared such that the receiving party shall transport the child unless otherwise agreed. 4. 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, M.~~.. ~ \T ~n Connelly, Esquire Attorney for Plaintiff ~ Coyne, Esquire Attorney for Defendant bas lJ ' H ""::r,ln8 L ~I :S i Jd Z- 83.:l90DZ ~o