HomeMy WebLinkAbout03-6217IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REBECCA C. ADERHOLT, )
Plaintiff ) NO, n??ai?CI?1?
V. )
KYLEY E. ADERHOLT, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by the
court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania
17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REBECCA C. ADERHOLT, )
Plaintiff )
V. )
KYLEY E. ADERHOLT, )
Defendant )
NO. 0.3- .6•?17
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes Plaintiff, Rebecca C. Aderholt, by and through her counsel, Howett,
Kissinger & Conley, P.C., who hereby files the instant Complaint in Divorce and in support
thereof avers as follows:
Plaintiff is Rebecca C. Aderholt, an adult individual who currently resides
at 2422 Rolling Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant is Kyley E. Aderholt, an adult individual who currently resides
at 2422 Rolling Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Both Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the
filing of this Complaint.
4. Plaintiff and Defendant married on December 24, 2000 in Las Vegas,
Nevada.
5. Neither Plaintiff nor Defendant is in the Military or Naval Service of the
United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of
the Congress of 1940 and its amendments.
6. There have been no prior actions for divorce or annulment of the marriage
instituted by either of the parties in this or any other jurisdiction.
Plaintiff has been advised that counseling is available and that Plaintiff
may have the right to request that the court require the parties to participate in counseling.
COUNT I - DIVORCE PURSUANT TO §3301(c) OR (d) OF THE DIVORCE CODE
8. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
9. The marriage of the parties is irretrievably broken.
WHEREFORE, Plaintiff respectfully requests the Court enter a decree of Divorce
pursuant to §3301 of the Divorce Code.
Respectfully submitteh,
6 /D t f/
Date://
-15arren J. H st, E quire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Rebecca C. Aderholt
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HOWETT, KISSINGER & CONLEY, P.C.
130 WALNUT STREET
j POST OFFICE BOX 810
HA sBmo, PENNSYLVANIA 17108
IN "I IlE COURT OF COMMON PLEAS OI CUMBERLAND COUNTY, PENNSYLVANIA
REBECCA C.ADERHOLT,
Plaintiff ) NO. 03-6217
V. )
KYLEY E. ADERHOLT, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby accept service of the Complaint in Divorce tiled by Plaintiff on !'November 26,
2003. I certify that I am authorized to accept service on behalf of Defendant.
Date" --------- ?------ ChailcsRector, squire
Law Offices of Charles Rector, Esquire, P.C.
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
Telephone: (717) 761-8101
Counsel for Kyley E. Aderholt
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REBECCA C. ADERHOLT, )
Plaintiff ) NO. 03-6217
V. )
KYLEY E. ADERHOLT, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
A complaint in divorce under §3301(c) of the Divorce Code was filed on
November 26, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION 7'O REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made above are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date: 9-/9 -OV QJW?P?
Kyle . Aderhol4-, Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REBECCA C. ADERHOLT,
Plaintiff ) NO. 03-6217
V. )
KYLEY E. ADERHOLT, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
A complaint in divorce under §3301(c) of the Divorce Code was filed on
November 26, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TQ REQUEST
ENTRY OF A DIVORCE DECREE UNDER
&3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made above are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn
falsification to authorities.
Date: ?iiA_
ecca . Aderh )It, Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REBECCA C. ADERHOLT, )
Plaintiff ) NO. 03-6217
V. )
KYLEY E. ADERHOLT, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: Service accepted by Charles A. Rector,
Esquire on December 9, 2003; Acceptance of Service filed on December 12, 2003.
3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce
Code: by plaintiff, May 13, 2004; by defendant, April 19, 2004.
4. Related claims pending: No related claims pending.
5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary:
contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce
was filed with the prothonotary: May 6, 2004.
Date: 6, ??
D . Holst, Esquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff Rebecca C. Aderholt
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
REBECCA C. ADERHOLT, r
Plaintiff
VERSUS
KYLEY E. ADERHOLT,
Defendant
#?I- ?-.x 17
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
AND
REBECCA C. ADERHOLT
O vq, IT IS ORDERED AND
KYLEY E. ADERHOLT
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
PLAINTIFF,
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; none.
No. 03-6217
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REBECCA C. ADER.HOLT, )
Plaintiff ) NO. 03-6217
V. )
KYLEY E. ADERHOLT, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that Rebecca C. Aderholt, Plaintiff in the above-captioned action,
after the entry of a final Decree in Divorce dated June 17, 2004, hereby elects to resume the prior
surname of Rebecca C. Dublin, and gives this written notice avowing her intention pursuant to
the provisions of 54 P.S. 704.
Date: q
ebecca C. Aderholt
BE KNOWN A.
Rebecca C. Dublin
COMMONWE &THF PENNSYLVANIA )
i ) SS:
COUNTY O )
ON THE DAY OF 2005, before me, a Notary
personally appeared Rebecca C. Aderholt, to be hereafter known as Rebecca C. Dub
me to be the person whose name is subscribed to the within document, acknowledge
executed the same for the purpose contained therein.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NO AMAL L
DEBRA M. SHIMP, NOTM=W
CITY OF HARRISBURG, DAUPt ublie
MY OMMISSI N EIIPI 3 AUfi P9 003
Public,
lin, known to
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REBECCA C. ADERHOLT,
Plaintiff/Respondent
V.
KYLEY E. ADERHOLT,
Defend ant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-6217
CIVIL ACTION - LAW
CUSTODY
COMPLAINT FOR CUSTODY AND
FOR CONFIRMATION OF CUSTODY AGREEMENT
AND NOW, comes the Petitioner, Kyley Aderholt, Defendant in the above-
captioned matter, by and through his attorney, Charles Rector, Esquire, and respectfully
represents as follows:
1. Petitioner is Kyley Aderholt who resides at 405 15`h Street, New
Cumberland, New Cumberland, Cumberland County, Pennsylvania, 17070.
2. Respondent is Rebecca C. Aderholt who resides at 414 Hillside Drive,
New Cumberland, Cumberland County, Pennsylvania, 17070.
3. On July 6, 2005, the parties entered into an agreement regarding the
custody of their minor child: Dylan Edward Raymond Aderholt, who was born on May
29, 2003. See Exhibit "A" attached hereto and made part hereof.
The child was not born out of wedlock.
The child is presently in the custody of the parties at their respective homes.
During the past five years, the child has resided with the following persons at the
following addresses:
a. 40515 1h Street, New Cumberland, Pennsylvania, with his father.
b. 414 Hillside Drive, New Cumberland, Pennsylvania, with his mother.
C. 4121 Rolling Hills Drive, Mechanicsburg, Pennsylvania, with the parties.
4. The relationship of the Respondent/Plaintiff to the child is that of Mother.
The Plaintiff currently resides with the following persons:
Dylan E.R. Aderholt Son
Noel Carrol Boyfriend
5. The relationship of the Petitioner/Defendant to the child is that of Father.
The Defendant currently resides with the following persons:
Dylan E.R. Aderholt Son
Chuck Nenturg Roommate
6. Petitioner has not participated as a party or witness, or in another
capacity, in other litigation concerning the custody of the child in this or another court.
Petitioner has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
Petitioner does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to
the child.
7. The best interest and permanent welfare of the child will be served by
making the parties stipulation regarding custody an Order of Court.
WHEREFORE, Petitioner requests the Court to enter the attached Stipulation as
an Order of Court.
Date: b4rl
RESPECTFULL 13MITTED,
C s Rect r, Elaquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011
(717) 761-8101
Attorney for Petitioner
I verify that the statements made herein 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.
Kyley . Aderholt
Date: Z
CERTIFICATE OF SERVICE
1, Charles Rector, Esquire, do hereby certify that on the day of December, 2005, I
caused a true and correct copy of the within pleading to be served upon the following counsel of record by
depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania:
Darren J. Holst, Esquire
P. O. Box 810
Harrisburg, PA 17108-0810
By:_ ,?
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Date: '-J 6s?
M THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REBECCA C. ADERHOLT, )
Plaintiff )
V. )
KYLEY E. ADERHOLT, )
Defendant )
NO. 03-6217
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER
This Stipulation is made this day of , 2005, by and between
REBECCA C. ADERHOLT ("hereafter "Mother"), of Cumberland County, Pennsylvania, and
KYLEY E. ADERHOLT (hereafter "Father'), of Cumberland County, Pennsylvania;
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on December
24, 2000 in Las Vegas, Nevada, but who have lived separate and apart since on or about
November 15, 2003;
WHEREAS, one child was born of the marriage between the parties, namely Dylan E.R.
Aderholt, born May 29, 2003;
WHEREAS, on November 24, 2003, the parties entered into a Marital Settlement
Agreement that fully and finally resolved all personal and property rights and obligations as
between each other, and which dealt generally with the issue of child custody;
WHEREAS, on November 26, 2003, Mother initiated an action for divorce at the above
captioned action number in the Court of Common Pleas of Cumberland County, and a divorce
decree was entered on June 17, 2004;
WHEREAS, the parties hereto are desirous of entering into this stipulated custody order
that specifically settles the issue of legal and physical and custody of their child without the
necessity of court intervention;
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally
bound hereby, agrees as follows:
Legal Custody. Mother and Father shall share legal custody of their
child, legal custody being defined as the right to make major decisions affecting the best interest
of the child, including, but not limited to, medical, religious, moral and educational decisions.
The parties agree to discuss and consult with one another with a view toward adopting a
harmonious policy calculated to promote the child's best interest. Each party shall have the right
to be kept informed of the child's educational, social, moral and medical development. Each
party shall be entitled to full and complete records and information concerning the child from any
doctor, dentist, teacher, treatment institution or similar authority and to have copies of any
reports, notices or other communications given to either parent. Each party shall notify the other
of any matter relating to the child which could be reasonably be expected to be of significant
concern to the other. Day-to-day decisions shall be the responsibility of the parent then having
physical custody. The parent having physical custody of the child at the time of any emergency
shall have the right to make any immediate decisions necessitated thereby but shall inform the
other parent of the emergency and consult with him or her as soon as possible.
2
2. Physical Custody. The parties agree to share physical custody with
Mother acting as primary physical custodian of the child subject to Father's periods of partial
custody in accordance with the following:
(a) On alternating weekends from Friday after school (or 5:00 p.m. if
not a school day) through Sunday at 5:00 p.m.;
(b) Every Monday overnight from Monday after school (or 5:00 p.m. if
not a school day) until Tuesday morning until Father goes to work: (or 9:00 a.m. if Father does
not have to work);
(c) Every Wednesday overnight from Wednesday after school (or 5:00
p.m. if not a school day) until Thursday morning until Father goes to work (or 9:00 a.m. if Father
does not have to work);
(d) On any other days and at any other times as the parties may, from
time to time, agree upon.
Holidays. The parties shall alternate the following holidays, which shall
commence at 9:00 a.m. the day of the holiday and conclude at 6:00 p.m. the day of the holiday,
and which shall take precedence over the regular schedule:
(1) Fourth of July;
(2) Labor Day; and
(3) Memorial Day.
In all even-numbered years, Mother shall have custody of the child on Memorial Day and Labor
Day, with Father having custody of the child on the Fourth of July. In all odd-numbered years,
Father shall have custody of the child on Memorial Day and Labor Day, with Mother having
custody of the child on the Fourth of July.
4. Mother's Day/Father's Day. The parties agree that Mother shall have
custody of the child each and every Mother's Day from 9:00 a.m. through 6:00 p.m., and Father
shall have custody of the child each and every Father's Day from 9:00 a.m. until 6:00 p.m.
Easter Holiday. The parties shall alternate: the Easter holiday, which
shall be defined as commencing Easter Sunday at 9:00 a.m. and concluding that evening at 9:00
p.m. The Easter holiday shall be divided into two segments, each of which shall be six hours in
duration. Segment one shall run from 9:00 a.m. and conclude at 3:00 p.m.; segment two shall
run from 3:00 p.m. and conclude at 9:00 p.m. In all even-numbered years, Mother shall have
custody of the child for segment one of the Easter holiday, and Father shall have custody of the
child for segment two. In all odd-numbered years, Father shall have custody of the child for
segment one, and Mother shall have custody of the child for segment two. The Easter holiday
shall take precedence over the regular schedule.
6. Thanksgiving Holiday. The parties shall alternate the Thanksgiving
holiday, which shall be defined as commencing Thanksgiving day at 9:00 a.m. and concluding
that evening at 9:00 p.m. The Thanksgiving holiday shall be divided into two segments, each of
which shall be six hours in duration. Segment one shall run from 9:00 a.m. and conclude at 3:00
p.m.; segment two shall run from 3:00 p.m. and conclude at 9:00 p.m. In all even-numbered
years, Father shall have custody of the child for segment one, and Mother shall have custody of
the child for segment two. In all odd-numbered years, Mother shall have custody of the child for
segment one, and Father shall have custody of the child for segment two. The Thanksgiving
holiday shall take precedence over the regular schedule.
4
Christmas/New Year's Holiday. The parties agree as follows with
respect to the Christmas/New Year's holiday, which shall take precedence over the regular
schedule;
(a) In all even-numbered years, Mother shall have the child from 12:00
Noon on Christmas Eve until 12:00 Noon on Christmas Day, and Father shall have custody of the
child from 12:00 Noon on Christmas Day until 12:00 Noon on December 26t11;
(b) In all odd-numbered years, Father shall have custody of the child
from 12:00 Noon on Christmas Eve until 12:00 Noon on Christmas Day, and Mother shall have
custody of the child from 12:00 Noon on Christmas Day until 12:00 Noon on December 2611;
(c) In all even-numbered years, Mother shall have custody of the child
from 12:00 Noon on New Year's Eve until 12:00 Noon on New Year's Day, and Father shall
have custody of the child from 12:00 Noon on New Year's Day until 12:00 Noon on January 2"a;
and
(d) In all odd-numbered years, Father shall have custody of the child
from 12:00 Noon on New Year's Eve until 12:00 Noon on New Year's Day, and Mother shall
have custody of the child from 12:00 Noon on New Year's Day until 12:00 Noon on January 2na
8. Summer Vacation. Each party shall be entitled to custody of the child for
one (1) seven (7) consecutive day period during the summer upon thirty (30) days advance
written notice to the other party.
9. Child's Activities. The parties shall ensure that the child participates in
all regularly scheduled activities during their periods of custody. If the designated time for pick
up or return of the child occurs during a scheduled activity, then pick up or return shall occur at
the activity.
10. Transportation. Transportation of the child for custody exchanges shall
be agreed upon between the parties or, in the event the parties are unable to agree, the party
obtaining custody of the child shall provide transportation.
11. Disparaging Remarks Prohibited. The parties shall refrain from making
any disparaging or negative remarks with regard to the other either directly to the child or in the
presence of the child.
12. Alcohol/Controlled Substances. During any period of custody, the
parties shall not possess or use any controlled substances, and neither party shall consume
alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent
possible, that other household members and/or guests comply with this prohibition.
13. Telephone/Address. Each party shall keep the other apprised of his or
her telephone number and address. Each party shall be entitled to reasonable telephone
privileges with the child while the child is in the custody or control of the other party.
14. Notification. If either parent is going to be away with the child overnight
for three (3) consecutive days or longer, that parent shall provide notice to the other parent as to
the location of the child and a number where they can be reached. Notice shall be given at least
forty-eight (48) hours in advance of the overnight travel.
15. Miscellaneous. In order to maximize the net income between the parties
for the support of Dylan, the parties agree to share the entitlement to claim Dylan as a dependent
on the parties' individual tax returns. Insomuch as only one party may claim Dylan as a
dependent each year, Mother and Father agree to exchange their tax information by February 15"
of each year in order for the parties to determine which parent will claim Dylan as dependent for
the previous tax year. Mother and Father agree to have their tax preparers prepare proforma
returns for each party as if the party claimed Dylan as a dependent and as if the party did not
claim Dylan as dependent and, based upon those proforma returns, Mother and Father shall agree
which parent will claim Dylan as dependent. In the absence of the parties being able to reach an
agreement, the dependency exemption shall be alternated each year between the parties, with
Mother entitled to claim Dylan as a dependent in all odd numbered years and Father claiming
Dylan as a dependent in all even-numbered years. Mother and Father agree to sign any and all
documents required by the Internal Revenue Service in order to effectuate the intent of this
paragraph.
16. Entry of Court Order. The parties agree that the terms and provisions of
this Stipulation shall be entered as an Order of Court upon the filing of all necessary documents.
The parties agree to be equally responsible for any and all filing fees or court costs incurred in
filing the Stipulation with the court.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the day and
date first written above. ?--
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WI SS i REBECCA C. ADERHOLT
i
WITNESS
1
K E E.ADERHOLT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared REBECCA C.
ADERHOLT, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ? day of
?, Q '2005.
44otary P lic i and for
Commonwealth of Pennsylvania
Typed or printed name ?of Notary:
l-s-0n
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
NOTARML SEAL
GINGER L GON2, NOFARP PUBl1C
[CM OF HARRSBURG, DAUPHN COONiY
COMMISSION EXPIRES MAY ]7 2008
9
COMMONWEALTH OF PENNSYLVANIA
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COUNTY 017,<---C&
BEFORE ME, the undersigned authority, on this day personally appeared KYLEY E.
ADERHOLT, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ? ' h day of
2005.
Notary Put} ' in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
My commission expires:
NOTARIAL SEAL
HILARY L. EVANS, NOTARY PUBLIC
SWATARATWP., DAUPHIN COUNTY
[MY COMMISSIONIXPIRESJULY15 2006
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RECEIPT FOR PAYMENT
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
ADERHOLT REBECCA C (VS) ADERHOLT KYLEY E
Case Number 2003-06217
Received of PD CHARLES RECTOR ATTY
IM
Total Non-Cash..... +
Total Cash......... +
Change ............. -
Receipt total...... _
71.00 Check#
.00
.00
71.00
Distribution Of Payment
Receipt Date 12/12/2005
Receipt Time 11:14:56
Receipt No. 171843
4868
Transaction Description Payment Amount
ADD CUSTODY COU 55 .00 CUMBERLAND CO GENERAL FUND
JCP FEE 10 .00 BUREAU OF RECEIPTS AND CONTROL
CUSTODY FEE 4 .80 ADMINISTRATIVE OFFICE OF PA CT
CUSTODY FEE-CO 1 .20 CUMBERLAND CO GENERAL FUND
71.00
5
DEC 1 4 2005
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REBECCA C. ADERHOLT, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 03-6217
KYLEY E. ADERHOLT, CIVIL ACTION -LAW
Defendant/Petitioner CUSTODY
ORDER OF COURT
AND NOW, this 1-day of December, 2005, it is ORDERED and
DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed
Upon Custody Order are inc(
reby made an Order of Court.
J.
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Darren J. Holst, Esquire
Howett, Kissinger, Conley & Holst, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REBECCA C. DUBLIN,
formerly known as
REBECCA C. ADERHOLT,
Plaintiff
NO. 03-6217
V.
KYLEY E. ADERHOLT,
Defendant
CIVIL ACTION - LAW
CUSTODYNISITATION
PLAINTIFF'S PETITION FOR MODIFICATION OF
EXISTING CUSTODY ORDER
AND NOW, comes Plaintiff, Rebecca C. Dublin, formerly known as Rebecca C.
Aderholt, by and through her counsel, Howett, Kissinger, Conley & Holst, P.C., who hereby files
the instant Petition for Modification of Existing Custody Order and in support thereof avers as
follows:
1. Petitioner is Rebecca C. Dublin, formerly known as Rebecca C. Aderholt
("Mother"), Plaintiff in the above-captioned custody action.
2. Respondent is Kyley E. Aderholt ("Father"), Defendant in the above-
captioned custody action.
3. The parties, former husband and wife, are the biological parents of Dylan
E. R. Aderholt, born May 29, 2003.
4. Following the parties' divorce in June of 2004, the parties executed a
Stipulation for Agreed Upon Custody Order dated July 6, 2005, which stipulation afforded
Mother primary physical custody and afforded Father periods of partial custody; the custody
stipulation was incorporated into an order of court dated December 14, 2005. A copy of the
Court's December 14, 2005 incorporation Order and the parties' July 6, 2005 Custody
Stipulation are attached hereto collectively as Exhibit "A" and are incorporated herein by
reference thereto.
5. Mother avers that it is in the best interest of the child to modify the
existing order in light of, inter alia, the following:
(a) Although the existing custody order affords Father substantial
periods of partial custody on alternating weekends and several overnights each week, Father does
not personally exercise the majority of his custody of the child; rather, since the execution of the
stipulation, Father's parents (the child's paternal grandparents) have been exercising the majority
of the custodial time in place of Father. When Father spends time with the child, it is at
grandparents' home. Mother does not believe it is appropriate, nor in the child's best interest, to
spend such significant time with the child's paternal grandparents under the guise of Father's
custody when Father has consistently failed to exercise his custodial time individually.
Grandparents have not been afforded visitation or partial custody under the Grandparent
Visitation Act;
2
(b) Presently, Father resides in a house with several other male
roommates, and the environment that Father's current household is not conducive to him
personally exercising the expanded periods of partial custody with the child currently provided
through the existing order;
(c) On numerous occasions, Father has failed to inform Mother in a
prompt fashion regarding medical emergencies involving the child. In particular, when the child
swallowed a penny in Father's and his parents' custody, the child was taken to the hospital and
Mother was not notified until the next day. Father's failure or refusal to communicate with
Mother in general negatively impacts the child;
(d) Given the significant involvement of Father's parents in exercising
Father's custodial time, there is a lack of consistency with the child, which has resulted in the
child experiencing problems in development and acting out, and which will only become more
pronounced as the child grows older; and
(e) Mother has significant concerns about the current health of
Father's parents and their ability to exercise the significant periods of partial custody to which
Father is entitled but presently not exercising personally.
3
WHEREFORE, Petitioner respectfully requests that the existing custody order be
modified because it will be in the best interest of the child.
Respectfully submitted,
Date: el r0
Darre?JH 1st, Esquire
Howett, Kissinger, Conley & Holst, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Rebecca C. Dublin
4
VERIFICATION
I, Rebecca C. Dublin, hereby swear and affirm that the facts contained in the foregoing
Plaintiff's Petition for Modification of Fxisti nq Custody Or(Mg true and
correct to the best of my knowledge, information and belief and are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unworn faloffcatip'n to authorities.
Date: 6/19/06
REBECCA C. DUBLIN
Exhitb i+ A
DEC 1 4 2005
REBECCA C. ADERHOLT,
Plaintiff/Respondent
V.
KYLEY E. ADERHOLT,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-6217
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this day of December, 2005, it is ORDERED and
DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed
Upon Custody Order are incorporated h hereby made an Order of Court.
YTHE_j
J.
TRUE
In Testmany'whzreo I }; e t,nta s?,my hand
and sea of said Dui a far 'sle} 0.
_
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REBECCA C. ADERHOLT,
Plaintiff
V.
KYLEY E. ADERHOLT,
Defendant
NO. 03-6217
CIVIL, ACTION - LAW
IN DIVORCE
STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER
This Stipulation is made this day of , 2005, by and between
REBECCA C. ADERHOLT ("hereafter "Mother"), of Cumberland County, Pennsylvania, and
KYLEY E. ADERHOLT (hereafter "Father'), of Cumberland County, Pennsylvania;
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on December
24, 2000 in Las Vegas, Nevada, but who have lived separate and apart since on or about
November 15, 2003;
WHEREAS, one child was born of the marriage between the parties, namely Dylan E.R.
Aderholt, born May 29, 2003;
WHEREAS, on November 24, 2003, the parties entered into a Marital Settlement
Agreement that fully and finally resolved all personal and property rights and obligations as
between each other, and which dealt generally with the issue of child custody;
WHEREAS, on November 26, 2003, Mother initiated an action for divorce at the above
captioned action number in the Court of Common Pleas of Cumberland County, and a divorce
decree was entered on June 17, 2004;
WHEREAS, the parties hereto are desirous of entering into this stipulated custody order
that specifically settles the issue of legal and physical and custody of their child without the
necessity of court intervention;
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally
bound hereby, agrees as follows:
1. Legal Custody. Mother and Father shall share legal custody of their
child, legal custody being defined as the right to make major decisions affecting the best interest
of the child, including, but not limited to, medical, religious, moral and educational decisions.
The parties agree to discuss and consult with one another with a view toward adopting a
harmonious policy calculated to promote the child's best interest. Each party shall have the right
to be kept informed of the child's educational, social, moral and medical development. Each
party shall be entitled to full and complete records and information concerning the child from any
doctor, dentist, teacher, treatment institution or similar authority and to have copies of any
reports, notices or other communications given to either parent. Each party shall notify the other
of any matter relating to the child which could be reasonably be expected to be of significant
concern to the other. Day-to-day decisions shall be the responsibility of the parent then having
physical custody. The parent having physical custody of the child at the time of any emergency
shall have the right to make any immediate decisions necessitated thereby but shall inform the
other parent of the emergency and consult with him or her as soon as possible.
2
2. Physical Custody. The parties agree to share physical custody with
Mother acting as primary physical custodian of the child subject to Father's periods of partial
custody in accordance with the following:
(a) On alternating weekends from Friday after school (or 5:00 p.m. if
not a school day) through Sunday at 5:00 p.m.;
(b) Every Monday overnight from Monday after school (or 5:00 p.m. if
not a school day) until Tuesday morning until Father goes to work (or 9:00 a.m. if Father does
not have to work);
(c) Every Wednesday overnight from Wednesday after school (or 5:00
p.m. if not a school day) until Thursday morning until Father goes to work (or 9:00 a.m. if Father
does not have to work);
(d) On any other davs and at anv other time-, ac the nnrf;,-a ,,,?., 4--
time to time, agree upon.
3. Holidays. The parties shall alternate the following holidays, which shall
commence at 9:00 a.m. the day of the holiday and conclude at 6:00 p.m. the day of the holiday,
and which shall take precedence over the regular schedule:
(1) Fourth of July;
(2) Labor Day; and
(3) Memorial Day.
In all even-numbered years, Mother shall have custody of the child on Memorial Day and Labor
Day, with Father having custody of the child on the Fourth of July. In all odd-numbered years,
3
Father shall have custody of the child on Memorial Day and Labor Day, with Mother having
custody of the child on the Fourth of July.
4. Mother's Day/Father's Day. The parties agree that Mother shall have
custody of the child each and every Mother's Day from 9:00 a.m. through 6:00 p.m., and Father
shall have custody of the child each and every Father's Day from 9:00 a.m. until 6:00 p.m.
5. Easter Holidav. The parties shall alternate the Easter holiday, which
shall be defined as commencing Easter Sunday at 9:00 a.m. and concluding that evening at 9:00
p.m. The Easter holiday shall be divided into two segments, each of which shall be six hours in
duration. Segment one shall run from 9:00 a.m. and conclude at 3:00 p.m.; segment two shall
run from 3:00 p.m. and conclude at 9:00 p.m. In all even-numbered years, Mother shall have
custody of the child for segment one of the Easter holiday, and Father shall have custody of the
child for segment two. In all odd-numbered years, Father shall have custody of the child for
segment one, and Mother shall have custody of the child for segment two. The Easter holiday
shall take precedence over the regular schedule.
6. Thanksgiving Holiday. The parties shall alternate the Thanksgiving
holiday, which shall be defined as commencing Thanksgiving day at 9:00 a.m. and concluding
that evening at 9:00 p.m. The Thanksgiving holiday shall be divided into two segments, each of
which shall be six hours in duration. Segment one shall run from 9:00 a.m. and conclude at 3:00
p.m.; segment two shall run from 3:00 p.m. and conclude at 9:00 p.m. In all even-numbered
years, Father shall have custody of the child for segment one, and Mother shall have custody of
the child for segment two. In all odd-numbered years, Mother shall have custody of the child for
segment one, and Father shall have custody of the child for segment two. The Thanksgiving
holiday shall take precedence over the regular schedule.
4
7. Christmas/New Year's Holiday. The parties agree as follows with
respect to the Christmas/New Year's holiday, which shall take precedence over the regular
schedule;
(a) In all even-numbered years, Mother shall have the child from 12:00
Noon on Christmas Eve until 12:00 Noon on Christmas Day, and Father shall have custody of the
child from 12:00 Noon on Christmas Day until 12:00 Noon on December 26`h;
(b) In all odd-numbered years, Father shall have custody of the child
from 12:00 Noon on Christmas Eve until 12:00 Noon on Christmas Day, and Mother shall have
custody of the child from 12:00 Noon on Christmas Day until 12:00 Noon on December 26;
(c) In all even-numbered years, Mother shall have custody of the child
from 12:00 Noon on New Year's Eve until 12:00 Noon on New Year's Day, and Father shall
have custody of the child from 12:00 Noon on New Year's Day until 12:00 Noon on January 2'd;
and
(d) In all odd-numbered years, Father shall have custody of the child
from 12:00 Noon on New Year's Eve until 12:00 Noon on New Year's Day, and Mother shall
have custody of the child from 12:00 Noon on New Year's Day until 12:00 Noon on January 21
8: Summer Vacation. Each party shall be entitled to custody of the child for
one (1) seven (7) consecutive day period during the summer upon thirty (30) days advance
written notice to the other party.
5
9. Child's Activities. The parties shall ensure that the child participates in
all regularly scheduled activities during their periods of custody. If the designated time for pick
up or return of the child occurs during a scheduled activity, then pick up or return shall occur at
the activity.
10. Transportation. Transportation of the child for custody exchanges shall
be agreed upon between the parties or, in the event the parties are unable to agree, the party
obtaining custody of the child shall provide transportation.
11. Disparaging, Remarks Prohibited. The parties shall refrain from making
any disparaging or negative remarks with regard to the other either directly to the child or in the
presence of the child.
12. Alcohol/Controlled Substances. During any period of custody, the
parties shall not possess or use any controlled substances, and neither party shall consume
alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent
possible, that other household members and/or guests comply with this prohibition.
13. Telephone/Address. Each party shall keep the other apprised of his or
her telephone number and address. Each party shall be entitled to reasonable telephone
privileges with the child while the child is in the custody or control of the other party.
14. Notification. If either parent is going to be away with the child overnight
for three (3) consecutive days or longer, that parent shall provide notice to the other parent as to
the location of the child and a number where they can be reached. Notice shall be given at least
forty-eight (48) hours in advance of the overnight travel.
6
15. Miscellaneous. In order to maximize the net income between the parties
for the support of Dylan, the parties agree to share the entitlement to claim Dylan as a dependent
on the parties' individual tax returns. Insomuch as only one party may claim Dylan as a
dependent each year, Mother and Father agree to exchange their tax information by February 15`h
of each year in order for the parties to determine which parent will claim Dylan as dependent for
the previous tax year. Mother and Father agree to have their tax preparers prepare profonma
returns for each party as if the party claimed Dylan as a dependent and as if the party did not
claim Dylan as dependent and, based upon those profonma returns, Mother and Father shall agree
which parent will claim Dylan as dependent. In the absence of the parties being able to reach an
agreement, the dependency exemption shall be alternated each year between the parties, with
Mother entitled to claim Dylan as a dependent in all odd numbered years and Father claiming
Dylan as a dependent in all even-numbered years. Mother and Father agree to sign any and all
documents required by the Internal Revenue Service in order to effectuate the intent of this
paragraph.
16. Entry of Court Order. The parties agree that the terms and provisions of
this Stipulation shall be entered as an Order of Court upon the filing of all necessary documents.
The parties agree to be equally responsible for any and all filing fees or court costs incurred in
filing the Stipulation with the court.
7
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the day and
first written above.
SS / REBECCA C. ADERHOLT
WITNESS
K E E. ADERHOLT
8
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF 1
BEFORE ME, the undersigned authority, on this day personally appeared REBECCA C.
ADERHOLT, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this,,,, day of
L JA ? _ , 2005.
otary P is ' and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
My commission expires:
Cam MUM OF PEMMSIIYAM
?oraau? seAt
ER L OOMR, IWAff KWA
OF MAMMUR., QMIMr CpjIr
Y
EOMV:y:ycW9=ffiW0W17,20
9
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF. ?
BEFORE ME, the undersigned authority, on this day personally appeared KYLEY E.
ADERHOLT, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this (r t day of
2005.
d?L'
Nbtary Puhlii in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
All a Ll-? - I -?- I n i, ? ---
My commission expires:
NOTAIIAL HILARY L. EVANS NO ARY PUBLIC
MY COMMISSION PEXPIRES ULY 5 2006
10
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REBECCA C. DUBLIN,
formerly known as
REBECCA C. ADERHOLT,
Plaintiff
V.
KYLEY E. ADERHOLT,
Defendant
NO. 03-6217
CIVIL ACTION - LAW
CUSTODYNISITATION
CERTIFICATE OF SERVICE
I, Darren J. Holst, Esquire, counsel for Rebecca C. Dunblin, Plaintiff in the above-
captioned action, hereby certify that a true and correct copy of the foregoing Petition for
Modification of Existing Custody Order was served upon John J. Connelly, Jr., Esquire, counsel
for Defendant, Kyley E. Aderholt, by depositing same in the United States mail, first class, on
June 19, 2006, addressed as follows:
John J. Connelly, Jr., Esquire
JAMES, SMITH, DIETTERICK & CONNELLY, LLP.
134 Sipe Avenue
Hummelstown, PA 17036
Date: G/ gI /'0 C 7 1
Darren J. Hgst, Esquire
Howett, Kissinger, Conley & Holst, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717-234-2616
Counsel for Plaintiff, Rebecca C. Aderholt
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REBECCA C. DUBLIN F/K/A REBECCA C. IN THE COURT OF COMMON PLEAS OF
ADERHOLT
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KYLEY E. ADERHOLT
DEFENDANT
03-6217 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, June 26, 2006 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, August 25, 2006 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Melissa P. Gree Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
4*wr* --17- PP-11-VW A&V
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REBECCA C. DUBLIN F/K/A
REBECCA C. ADERHOLT,
Plaintiff
V.
KYLEY E. ADERHOLT,
Defendant
GUIDO, J. ---
NO. 03-6217 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this a??^ day of , 2006, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. A hearing is scheduled in Courtroom Number 3 of the Cumberland County
C rthouse, on the ?u day of ,w c- 404' , 200 (a , at CIS'— IS'— o'clock
.M., at which time testimony will be taken. For the purposes of the hearing, the Mother,
Rebecca C. Dublin f/k/a Rebecca C. Aderholt, 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 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. In the event that the parties undertake a custody evaluation prior to hearing, a
continuance may be granted in order to have the evaluation and report completed before
the hearing date.
3. This Court's Order of December 14, 2005 shall remain in full force and effect
with the following addition:
The paternal grandmother may babysit the child on Tuesdays following
Father's period of custody on Monday evening provided, however, that the
child is returned to the daycare center XA Mother before 5:00 p.m. on
Tuesdays.
BY
Edward E. Guido, J.
Dist: John J. Connelly, Jr., Esquire, P. O. Box 650, Hershey, PA 17033
arren J. Holst, Esquire, P. O. Box 810, Harrisburg, PA 17108
, le
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S E P 2 2006
IN THE COURT LEAS--QF
CUMBERLAND COUNTY, PENNSYLVANIA
tt?eJ ? `
! 0 .G ,RA? Ells Q;NZ \Ila 30
t?
-V
REBECCA C. DUBLIN F/K/A
REBECCA C. ADERHOLT,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
KYLEY E. ADERHOLT,
Defendant
NO. 03-6217 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
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
Dylan E. R. Aderholt May 29, 2003 Mother and Father
2. Mother filed a Petition for Modification of Existing Custody Order on June 20,
2006. The previous Order was entered on December 14, 2005. A Custody Conciliation
Conference was convened on September 16, 2006 after continuance requested by counsel
for Father. Attending the Conference were: the Mother, Rebecca C. Aderholt, and her
counsel, Darren A. Holst, Esquire; the Father, Kyley E. Aderholt, and his counsel, John J.
Connelly, Jr., Esquire.
3. Mother's Position on Custody is as Follows: Mother and Father separated
November of 2003. While they did not initially have a formal schedule, Mother reports the
status quo to have been arranged such that Father had custody every other weekend, one
overnight during the week and one evening during the week. She reports this continued
until July of 2005 and that all of Father's custodial time was exercised at the paternal
grandparents' home. In July of 2005, by Stipulation, the parties expanded Father's
custodial time. However, Mother denies that Father actually exercised the additional
custodial time. Mother reports that in July of 2006 Father had sought a decrease in his child
support Order but the Order was actually increased. It was at that time that Father indicated
that he would be following a schedule of alternating weekends and two overnights during
the week, exercised at the paternal grandparents' home. Mother is quick to point out that
she is not saying that Father is a bad father or that he does not love the child. However, it is
clear that the parties' conflict, at least from Mother's point of view, centers around the role
that the paternal grandparents play and Mother's perception that Father leaves the child in
their care and returns to his home, rather than staying with the child overnight or taking the
NO. 03-6217 CIVIL TERM
child with him to his home after a visit with the paternal grandparents. Mother further
complains that the paternal grandmother, over her objection, keeps the child with her rather
than sending him to the daycare program which the parties had been using. Because
Mother feels that the paternal grandmother is participating more in the child's life and
making more decisions than his Father, Mother objects to the present custodial
arrangement. Mother wants to have Father have custody on an alternating weekend and
one evening during the week, provided, however, that Father would be present throughout
the periods of custody. Mother would not object to the paternal grandmother caring for the
child on Tuesdays provided that she returns the child to daycare before Mother arrives to
pick him up. What Mother objects to is the sense the grandmother is imposing her
preferences on Mother without her agreement. Mother will not agree to maintain the status
quo even if Father is required to be present throughout his periods of custody because she
believes that this cannot be enforced and that compliance cannot be reliably monitored.
4. Father's Position on Custody is as Follows: Father has a somewhat different
view of the status quo. He claims that he has exercised custody on alternating weekends,
Mondays and Wednesdays since the parties' separation in 2003. Father objects to the
notion that Mother can dictate where Father exercises his custodial period so long as Father
is present. Father acknowledges that there was a period of time when he did leave the child
with his parents overnight and returned to his home after the child went to bed because of
the early hour at which he had to leave for work. Father reports that the male with whom
Mother resides has been arrested three times and has a history of at least one DUI. Father
also complains that a number of people that Mother has authorized to pick up the child at
the daycare center have histories of DUI's. Father reports that he has seen Mother
intoxicated at bars during her periods of custody. Rather than seeing his family as
controlling, Father sees his family as supportive. He complains that Mother calls numerous
times each day. Father resides in New Cumberland in a home with two other unrelated
males. Father does not want to change the shared physical custody schedule.
5. Mother has asked for a hearing of her Petition to Modify the physical custodial
schedule to shift from a shared physical custody schedule to a primary/partial physical
custody schedule. At the conclusion of the Conference, counsel for the parties were
discussing the possibility of a mini custody evaluation which they noted might require a
continuance of a hearing date. They asked that Conciliator recommend that if a
continuance is necessary for the parties to complete this evaluation, that it be granted.
Parties also agreed to the paternal grandmother being able to babysit the child on Tuesdays
after Father's period of Monday night custody so long as she returns the child to daycare
before 5:00 p.m.
Date Melissa Peel Greevy,
Custody Conciliator
:283803
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REBECCA C. DUBLIN f/n/a )
REBECCA C. ADERHOLT, )
Plaintiff )
V. )
KYLEY E. ADERHOLT, )
Defendant )
NO. 03-6217
CIVIL ACTION - LAW
CUSTODY/DIVORCE
STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER
r?
This STIPULATION is made this A a tj ' day of N U V ern ht t2- , 2006,
by and between Rebecca C. Dublin, formerly known as Rebecca C. Aderholt (hereafter
"Mother"), of Cumberland County, Pennsylvania, and Kyley E. Aderholt (hereafter "Father"), of
Cumberland County, Pennsylvania;
WITNESSETH:
WHEREAS, the parties hereto, former husband and wife, are the biological parents of
Dylan E. R. Aderholt, born May 29, 2003;
WHEREAS, on July 6, 2005, the parties executed a Stipulation for Entry of Agreed
Upon Custody Order, which Stipulation was entered as an Order of Court on December 14, 2005;
WHEREAS, on June 20, 2006, Mother filed a Petition for Modification of Existing
Custody Order, and a hearing thereon was scheduled for Tuesday, November 14, 2006 before the
Honorable Edward E. Guido;
WHEREAS, the parties hereto are desirous of entering into this stipulated custody order
that modifies the existing custody order and specifically settles the issue of legal and physical
custody of their child without the necessity of proceeding to trial on November 14, 2006;
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally
bound hereby, agree as follows:
Legal Custody. Mother and Father shall share legal custody of their
child, legal custody being defined as the right to make major decisions affecting the best interest
of the child, including, but not limited to, medical, religious, moral and educational decisions.
The parties agree to discuss and consult with one another with a view towards adopting a
harmonious policy calculated to promote the child's best interest. Each party shall have the right
to be kept informed of the child's educational, social, moral and medical development. Each
party shall be entitled to full and complete records and information concerning the child from any
doctor, dentist, teacher, treatment institution or similar authority and to have copies of any
reports, notices or other communications given to either parent. Each party shall notify the other
of any matter relating to the child which could reasonably be expected to be of significant
concern to the other. Day to day decisions shall be the responsibility of the parent then having
physical custody. The parent having physical custody of the child at the time of any emergency
shall have the right to make any immediate decisions necessitated thereby but shall inform the
other parent of the emergency and consult with him or her as soon as possible.
2. Physical Custody. The parties agree to continue to share physical custody
with Mother acting as primary physical custodian of the child subject to Father's periods of
partial custody in accordance with the following:
(a) On alternating weekends from Friday after school (or 5:00 p.m. if
not a school day) through Sunday at 5:00 p.m.;
2
(b) Every Monday overnight from Monday after school (or 5:00 p.m. if
not a school day) until Tuesday morning until Father goes to work (or 9:00 a.m. if Father does
not have to work). Notwithstanding the foregoing, and absent mutual agreement by the parties to
the contrary, Father's parents shall be permitted to watch Dylan on Tuesdays, if Dylan does not
have school, from the time after Father goes to work (or 9:00 a.m. if Father does not have to
work) until 5:30 p.m. when Father or his parents shall return Dylan to either Mother's residence
or, if Dylan is not yet in school, to his day care. The parties shall mutually agree as to the
appropriate drop off location each week, and the parties can mutually agree to allow Father's
parents to watch Dylan on a different weekday (i.e., during the day on Thursday), and nothing
within this Stipulation shall preclude the parties from agreeing to allow Father's parents to watch
Dylan on both days each week following Father's weekday overnight custody;
(c) Every Wednesday overnight from Wednesday after school (or 5:00
p.m. if not a school day) until Thursday morning until Father goes to work (or 9:00 a.m. if Father
does not have to work);
(d) On any other days, and at any other times, as the parties may, from
time to time, mutually agree upon.
3. Holidays. The parties shall alternate the following holidays, which shall
commence at 9:00 a.m. the day of the holiday and conclude at 6:00 p.m. the day of the holiday,
and which shall take precedence over the regular schedule:
(a) Fourth of July;
(b) Labor Day; and
(c) Memorial Day.
3
In all even-numbered years, Mother shall have custody of the child on Memorial Day and Labor
Day, with Father having custody of the child on the Fourth of July. In all odd-numbered years,
Father shall have custody of the child on Memorial Day and Labor Day, with Mother having
custody of the child on the Fourth of July.
4. Mother's Day/Father's Day. The parties agree Mother shall have
custody of the child each and every Mother's Day from 9:00 a.m. through 6:00 p.m., and Father
shall have custody of the child each and every Father's Day from 9:00 a.m. through 6:00 p.m.
Easter Holiday. The parties shall alternate the Easter holiday which shall
be defined as commencing Easter Sunday at 9:00 a.m. and concluding that evening at 9:00 p.m.
The Easter holiday shall be divided into two segments, each of which shall be six hours in
duration. Segment one shall run from 9:00 a.m. and conclude at 3:00 p.m.; segment two shall
run from 3:00 p.m. and conclude at 9:00 p.m. In all even-numbered years, Mother shall have
custody of the child for segment one of the Easter holiday, and Father shall have custody of the
child for segment two. In all odd-numbered years, Father shall have custody of the child for
segment one, and Mother shall have custody of the child for segment two. The Easter holiday
shall take precedence over the regular schedule.
6. Thanksgiving Holiday. The parties shall alternate the Thanksgiving
holiday, which shall be defined as commencing Thanksgiving Day at 9:00 a.m. and concluding
that evening at 9:00 p.m. The Thanksgiving holiday shall be divided into two segments, each of
which shall be six hours in duration. Segment one shall run from 9:00 a.m. and conclude at 3:00
p.m.; segment two shall run from 3:00 p.m. and conclude at 9:00 p.m. In all even-numbered
years, Father shall have custody of the child for segment one, and Mother shall have custody of
4
the child for segment two. In all odd-numbered years, Mother shall have custody of the child for
segment one, and Father shall have custody of the child for segment two. The Thanksgiving
holiday shall take precedence over the regular schedule.
7. Christmas/New Years Holiday. The parties agree as follows with
respect to the Christmas/New Years Holiday, which shall take precedence over the regular
schedule:
(a) In all even-numbered years, Mother shall have custody from 12:00
noon on Christmas Eve until 12:00 noon on Christmas Day, and Father shall have custody of the
child from 12:00 noon on Christmas Day until 12:00 noon on December 26th;
(b) In all odd-numbered years, Father shall have custody of the child
from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day, and Mother shall have
custody of the child from 12:00 noon on Christmas Day until 12:00 noon on December 26";
(c) In all even-numbered years, Mother shall have custody of the child
from 12:00 noon on New Years Eve until 12:00 noon on New Years Day, and Father shall have
custody of the child from 12:00 noon on New Years Day until 12:00 noon on January 2nd' and
(d) In all odd-numbered years, Father shall have custody of the child
from 12:00 noon on New Years Even until 12:00 noon on New Years Day, and Mother shall
have custody of the child from 12:00 noon on New Years Day until 12:00 noon on January 2nd
8. Vacation. Each party shall be entitled to custody of the child for two non-
consecutive weeks of custody upon a minimum of five (5) days advance written notice to the
other party. The party to first provide notice of selected vacation periods shall receive priority,
and once the child is in school, he shall not miss school for a vacation absent mutual agreement
of the parties, which agreement shall not be unreasonably withheld. The parent removing the
child from school for the vacation shall ensure that all missed school assignments are made up
upon the child's return to school. Any selected weeks of vacation shall incorporate that party's
regularly scheduled custodial weekend absent mutual agreement of the parties. In addition, each
party shall be entitled to three additional days of vacation throughout the year that the party may
tack onto the existing weekends or holidays to allow the child to visit with extended family. Said
additional periods of vacation shall not take precedence over the actual holiday schedule.
Morever, in selecting periods of uninterrupted custody for purposes of this paragraph, neither
party shall continue with their regular employment during their vacation and have the child cared
for by any day care provider, including family. Instead, it is intended that both parties, in
selecting their vacation periods, will take off of work and spend continuous time with the child,
either within the local area or outside the local area.
The parties acknowledge that, at Thanksgiving 2006, that Mother intends to travel to
Florida with the child from Thanksgiving Day (immediately following Father's period of custody
as set forth in paragraph 6, infra) until Friday, December P' (with the child returning prior to the
start of Father's custodial weekend as set forth in paragraph 2, infra). This will result in Father
missing two periods of overnight custody during the week. The parties agree Mother may take
this trip with the child, and such time will not constitute part of her selected vacation under this
6
paragraph, but Father will receive appropriate make-up time for the two missed overnights.
Upon Mother's return on Friday, December 1, 2006, Father will exercise his regularly scheduled
custodial weekend. In order to make up the time missed, Father will have the weekend of
December 8, 2006, which would be Mother's regularly scheduled weekend. The parties would
return to their regular alternating weekend schedule at Friday, December 15, 2006, which is
Father's regularly scheduled weekend.
9. Child's Activities. The parties shall ensure the child participate in all
regularly-scheduled activities during their periods of custody. If the designated time for pick up
or return of the child occurs during a scheduled activity, then pick up or return shall occur at the
activity. As the parties presently reside within the same municipality, the parties agree to
alternate Dylan's Halloween trick or treat, whatever day the municipality selects to have trick or
treat. In all even-numbered years, Mother shall be permitted to take the child for trick or treat,
and in all odd-numbered years, Father shall be permitted to take the child for trick or treat. If the
parties subsequently reside in different municipalities, and each municipality has a different trick
or treat night, the parties agree that Dylan shall be able to attend both trick or treat events, one in
Mother's municipality and one in Father's municipality.
10. Transportation. Transportation of the child for all custody exchanges
shall be agreed upon between the parties or, in the event the parties are unable to agree, the party
obtaining custody of the child shall provide transportation.
11. Disparaging Remarks Prohibited. The parties shall refrain from making
any disparaging or negative remarks with regard to the other either directly to the child or in the
presence of the child.
7
12. Alcohol/Controlled Substances. During any periods of custody, the
parties shall not possess or use any controlled substances, and neither party shall consume
alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent
possible, that other household members or guests comply with this prohibition.
13. Telephone/Address. Each party shall keep the other apprised of his or
her telephone number and address. Each party shall be entitled to reasonable telephone
privileges with the child, up to two calls per day, while the child is in the custody or control of
the other party.
14. Notification. If either parent is going to be away with the child overnight
for three consecutive overnights or longer, that parent shall provide notice to the other parent as
to the location of the child and a number where they can be reached. Notice shall be given at
least forty-eight (48) hours in advance of the overnight travel.
15. Miscellaneous. For all periods of custody provided to each party herein,
that party shall exercise that time with the child, and to the extent that party is unable to exercise
the time with the child, notice shall be provided to the other parent that the child will be cared for
by friends or family members in excess of six (6) hours. Moreover, both parties shall provide
notice by 8:30 a.m. on a given day if the child will not be in day care, and, if not, the party shall
provide notice as to the person caring for the child and how that person can be reached.
In order to maximize the net income between the parties for the support Dylan, the parties
agree to share the entitlement to claim Dylan as a dependent on the parties' individual tax return.
Insomuch as only one party may claim Dylan as a dependent each year, Mother and Father agree
to exchange their tax information by February 15' of each year in order for the parties to
determine which parent will claim Dylan as a dependent for the previous tax year. Mother and
Father agree to have their tax preparer prepare pro forma returns for each party as if the party
claimed Dylan as a dependent and as if the party did not claim Dylan as a dependent and, based
upon those pro forma returns, Mother and Father shall agree which parent will claim Dylan as a
dependent. In the absence of the parties being able to reach an agreement, the dependency
exemption shall be alternated each year between the parties, with Mother entitled to claim Dylan
as a dependent in all odd-numbered tax years and Father claiming Dylan as a dependent in all
even-numbered tax years. Mother and Father agree to sign any and all documents required by the
Internal Revenue Service in order to effectuate the intent of this paragraph.
16. Entry of Court Order. The parties agree that the terms and provisions of
this Stipulation shall be entered as an Order of Court and shall supersede the December 14, 2005
custody order.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the day and
date first written above.
9tj"j// (?P ca"eLk'-'
K Y RHOLT
9
`-p-- ?/g /L?
WITNESS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ?n
BEFORE ME, the undersigned authority, on this day personally appeared REBECCA C.
DUBLIN, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this c--)? 1 S+ day of
1?lcayexc Abe , 2006.
v'
otary Pu is in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
(:Lop,
My commission expires:
MonwEALTN of PEN ANI
NOTAEIAL SEAL
GINGER L. GONTZ, NOTARY PUBLIC
[MY TY OF HARRISBURG, DAUPHIN COUNTY
COMMISSION EXPIRES MAY 17, 2008
•
10
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared KYLEY E.
ADERHOLT, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a ' day of
2006.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Maria B. LaRue, Notary Public
Derry Twp., Dauphin County
My Commission Expires Nov. 8, 2009
Member, Pennsylvania Association of Notaries
Notary Public in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
MRRt r'' 9, L- 13, kkk -
My commission expires: I \-q -0
11
JAMES SMITH Dffrr cK & CONNELLY LLP
John J. Connelly, Jr.
jjcAisdc.com
FAX 717.533.7771
The Honorable Edward E. Guido
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
November 28, 2006
Re: Rebecca C. Dublin f/k/a Rebecca C. Aderholt v. Kyley E. Aderholt
Docket No. 03-6217
Dear Judge Guido:
Enclosed please find three (3) original Stipulations with Orders attached to
finalize the above-captioned custody matter.
Should you have any questions, please advise. Otherwise, I will await receipt of
the executed Orders.
Very truly yours,
*nCC nne lly, Jr.
JJC/mbl
Enclosure
cc: Darren J. Holst, Esquire
Kyley E. Aderholt
P.O BOX 650
HERSHEY, PA 17033
Co.uicr Addmss.
3' 9IPE AVf NUE
HUMMFR_SIGWN, PA 17036
T FL. 717-533.3780
WWW.JSDC.COM
GARY L. JAMES
MAX J. SMITH, JR.
JOHN J. CONNELLY, JR.
SCOTT A. DIETTERICK
JAMES F. SPADE
MATTHEW CHABAL, III
GREGORY K. RICHARDS
SUSAN M. KADEL
JARAD W. HANDELMAN
DONNA M. MULLIN
EDWARD P. SEEBER
NEIL W. YAHN
COURTNEY L. KISHEL
KIMBERLY A. BONNER
JEFFREY M. MCCORMICK
OF COUNSEL;
BERNARD A. RYAN, JR.
REBECCA C. DUBLIN, f/n/a
REBECCA C. ADERHOLT,
Plaintiff
V.
KYLEY E. ADERHOLT,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-6217
CIVIL ACTION - LAW
CUSTODY/DIVORCE
ORDER
AND NOW this O ` day of N Ot, 2006, it is hereby ORDERED and
DECREED that the terms and conditions of the attached Stipulation for Agreed upon Custody
Order are hereby incorporated herein and made an Order of Court.
the
Edward IT. Guido, J.
L S : I I WV OC AON 9002
AUViGNQHi add 3N1 ?O
REBECCA C. DUBLIN, f/n/a : IN THE COURT OF COMMON PLEAS
REBECCA C. ADERHOLT, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 03-6217
KYLEY E. ADERHOLT, : CIVIL ACTION - LAW
Defendant : CUSTODY/DIVORCE
STIPULATION
This Stipulation is made this 14th day of August, 2008, by and between Plaintiff, Rebecca
C. Dublin, f/n/a Rebecca C. Aderholt, (hereinafter referred to as "Mother"), and Defendant,
Kyley E. Aderholt (hereinafter referred to as "Father")
WHEREAS, the parties hereto, former husband and wife, are the parents of one minor
child, namely, Dylan E. R. Aderholt, date of birth May 29, 2003; and
WHEREAS, the parties entered into a Stipulation for entry of an agreed upon Custody
Order on November 29, 2006. A copy of said Order and Stipulation is attached hereto as Exhibit
«A„
WHEREAS, it is the intent of the parties to modify the existing Order and Stipulation to
equally share physical custody of the minor child.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
Since the date of the entry of the Order on November 29, 2006, circumstances
have changed and the parties have decided to equally share physical custody of the minor child.
It is the intent of the parties to enter the following provisions as a Court Order and the prior
Order in this matter dated November 29, 2006 shall be vacated.
a. Legal Custody. Mother and Father shall share legal custody of their
child, legal custody being defined as the right to make major decisions affecting the best
interest of the child, including, but not limited to, medical, religious, moral and
educational decisions. The parties agree to discuss and consult with one another with a
view towards adopting a harmonious policy calculated to promote the child's best
interest. Each party shall have the right to be kept informed of the child's educational,
social, moral and medical development. Each party shall be entitled to full and complete
records and information concerning the child from any doctor, dentist, teacher, treatment
institution or similar authority and to have copies of any reports, notices or other
communications given to either parent. Each party shall notify the other of any matter
relating to the child which could reasonably be expected to be of significant concern to
the other. Day to day decisions shall be the responsibility of the parent then having
physical custody. The parent having physical custody of the child at the time of any
emergency shall have the right to make any immediate decisions necessitated thereby but
shall inform the other parent of the emergency and consult with him or her as soon as
possible.
b. Physical Custody.
(i) The parties shall alternate weeks of custody beginning with
Father's week on August 3, 2008. The exchange of the child shall occur on
Sunday evenings at 5:00 p.m.
(ii) Based on the equally shared custodial arrangement the parties have
agreed that since the minor child will attend school at the beginning of the 2008-
2
2009 school year the child shall be enrolled in the Cumberland Valley School
District which is the home school district of the Father.
C. Holidavs. The parties shall alternate the following holidays, which shall
commence at 9:00 a.m. the day of the holiday and conclude at 6:00 p.m. the day of the
holidays, and which shall take precedence over the regular schedule. The alternating
holidays shall be Labor Day, Memorial Day and the Fourth of July. The first holiday in
this sequence will be Labor Day which shall be Mother's holiday.
d. Mother's DayXather's Day. The parties agree Mother shall have
custody of the child each and every Mother's Day from 9:00 a.m. through 6:00 p.m., and
Father shall have custody of the child each and every Father's Day from 9:00 a.m.
through 6:00 p.m.
e. Easter Holiday. The parties shall alternate the Easter holiday which shall
be defined as commencing Easter Sunday at 9:00 a.m. and concluding that evening at
9:00 p.m. The Easter holiday shall be divided into two segments, each of which shall be
six hours in duration. Segment one shall run from 9:00 a.m. and conclude at 3:00 p.m.;
segment two shall run from 3:00 p.m. and conclude at 9:00 p.m. In all even-numbered
years, Mother shall have custody of the child for segment one of the Easter holiday, and
Father shall have custody of the child for segment two. In all odd-numbered years,
Father shall have custody of the child for segment one, and Mother shall have custody of
the child for segment two. The Easter holiday shall take precedence over the regular
schedule.
f. Thanksgiving Holiday. The parties shall alternate the Thanksgiving
holiday, which shall be defined as commencing Thanksgiving Day at 9:00 a.m. and
3
concluding that evening at 9:00 p.m. The Thanksgiving holiday shall be divided into two
segments, each of which shall be six hours in duration. Segment one shall run from 9:00
a.m. and conclude at 3:00 p.m.; segment two shall run from 3:00 p.m. and conclude at
9:00 p.m. In all even-numbered years, Father shall have custody of the child for segment
one, and Mother shall have custody of the child for segment two. In all odd-numbered
years, Mother shall have custody of the child for segment one, and Father shall have
custody of the child for segment two. The Thanksgiving holiday shall take precedence
over the regular schedule.
g. Christmas/New Year's Holidav. The parties agree as follows with
respect to the Christmas/New Year's Holiday, which shall take precedence over the
regular schedule:
(i) In all even-numbered years, Mother shall have custody from 12:00
noon on Christmas Eve until 12:00 noon on Christmas Day, and Father shall have
custody of the child from 12:00 noon on Christmas Day until 12:00 noon on
December 26ffi;
(ii) In all odd-numbered years, Father shall have custody of the child
from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day, and
Mother shall have custody of the child from 12:00 noon on Christmas Day until
12:00 noon on December 26`t;
(iii) In all even-numbered years, Mother shall have custody of the child
from 12:00 noon on New Year's Eve until 12:00 noon on New Year's Day, and
Father shall have custody of the child from 12:00 noon on New Year's Day until
12:00 noon on January 2nd; and
4
(iv) In all odd-numbered years, Father shall have custody of the child
from 12:00 noon on New Year's Eve until 12:00 noon on New Year's Day, and
Mother shall have custody of the child from 12:00 noon on New Year's Day until
12:00 noon on January 2na
h. Vacation. Each party shall be entitled to custody of the child for two non-
consecutive weeks of custody upon a minimum of five (5) days advance written notice to
the other party. The parry to first provide notice of selected vacation periods shall receive
priority, and once the child is in school, he shall not miss school for a vacation absent
mutual agreement of the parties, which agreement shall not be unreasonably withheld.
The parent removing the child from school for the vacation shall ensure that all missed
school assignments are made up upon the child's return to school. Any selected weeks of
vacation shall incorporate that party's regularly scheduled custodial weekend absent
mutual agreement of the parties. In addition, each party shall be entitled to three
additional days of vacation throughout the year that the party may tack onto the existing
weekends or holidays to allow the child to visit with extended family. Said additional
periods of vacation shall not take precedence over the actual holiday schedule.
Moreover, in selecting periods of uninterrupted custody for purposes of this paragraph,
neither party shall commence with their regular employment during their vacation and
have the child cared for by any day care provider, including family. Instead, it is
intended that both parties, in selecting their vacation periods, will take off of work and
spend continuous time with the child, either within the local area or outside the local area.
i. Child's Activities. The parties shall ensure the child participates in all
regularly-scheduled activities during their periods of custody. If the designated time for
5
pick up or return of the child occurs during a scheduled activity, then pick up or return
shall occur at the activity. As the parties presently reside within the same municipality,
the parties agree to alternate Dylan's Halloween trick or treat, whatever day the
municipality selected to have trick or treat. In all even-numbered years, Mother shall be
permitted to take the child for trick or treat, and in all odd-numbered years, Father shall
be permitted to take the child for trick or treat. If the parties subsequently reside in
different municipalities, and each municipality has a different trick or treat night, the
parties agree that Dylan shall be able to attend both trick or treat events, one in Mother's
municipality and one in Father's municipality.
j. Transportation. The party receiving custody of the child shall provide
transportation unless otherwise agreed to by the parties.
k. Disparaging Remarks Prohibited. The parties shall refrain from making
any disparaging or negative remarks with regard to the other either directly to the child or
in the presence of the child.
1. Alcohol/Controlled Substances. During any periods of custody, the
parties shall not possess or use any controlled substances, and neither party shall consume
alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the
extent possible, that other household members or guests comply with this prohibition.
m. Telephone/Address. Each party shall keep the other apprised of his or
her telephone number and address. Each party shall be entitled to reasonable telephone
privileges with the child, up to two calls per day, while the child is in the custody or
control of the other party.
6
n. Notification. If either parent is going to be away with the child overnight
for three consecutive overnights or longer, that parent shall provide notice to the other
parent as to the location of the child and a number where they can be reached. Notice
shall be given at least forty-eight (48) hours in advance of the overnight travel.
o. Miscellaneous. For all periods of custody providing to each party herein,
that party shall exercise that time with the child, and to the extent that party is unable to
exercise the time with the child, notice shall be provided to the other parent that the child
will be cared for by friends or family members in excess of six (6) hours. Moreover, both
parties shall provide notice by 8:30 a.m. on a given day if the child will not be in day
care, and, if not, the party shall provide notice as to the person caring for the child and
how that person can be reached.
In order to maximize the net income between the parties for the support of Dylan,
the parties agree to share the entitlement to claim Dylan as a dependent on the parties'
individual tax return. Insomuch as only one party may claim Dylan as a dependent each
year, Mother and Father agree to exchange their tax information by February 15fl' of each
year in order for the parties to determine which parent will claim Dylan as a dependent
for the previous tax year. Mother and Father agree to have their tax preparer prepare pro
forma returns for each party as if the party claimed Dylan as a dependent and as if the
party did not claim Dylan as a dependent, and based upon those pro forma returns,
Mother and Father shall agree which parent will claim Dylan as a dependent. In the
absence of the parties being able to reach an agreement, the dependency exemption shall
be alternated each year between the parties, with Mother entitled to claim Dylan as a
dependent in all odd-numbered tax years and Father claiming Dylan as a dependent in all
7
even-numbered tax years. Mother and Father agree to sign any and all documents
required by the Internal Revenue Service in order to effectuate the intent of this
paragraph.
P. Entry of Court Order. The parties agree that the terms and provisions of
this Stipulation shall be entered as an Order of Court and shall supersede the prior Order
of Court dated November 29, 2006.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the day and
date first above written.
?*ITNESS
WITNESS
aeC??---
Ike
KYLE E.ADERHOLT
8
EXHIBIT "A"
REBECCA C. DUBLIN, f/n/a
REBECCA C. ADERHOLT,
Plaintiff
V.
KYLEY E. ADERHOLT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-6217
CIVIL ACTION - LAW
CUSTODY/DIVORCE
,L ORDER
AND NOW, this day of A e 2006, it is here
, by ORDERED and
DECREED that the terms and conditions of the attached Stipulation for Agreed upon Custody
Order are hereby incorporated herein and made an Order of Court.
the C
Edward IT. Guido, J.
TRUE COPY
In timony vvh?r',;
a he seal of s
T U ...3..0-1-Ay
FROM RECORD
' ' -- unto set my hand
lisle, Pa.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REBECCA C. DUBLIN f/n/a
REBECCA C. ADERHOLT,
Plaintiff
V.
KYLEY E. ADERHOLT,
Defendant
NO. 03-6217
CIVIL ACTION - LAW
CUSTODY/DIVORCE
STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER
This STIPULATION is made this Aa?t?ot day of I y 04 tM 6Q R. )2006,
by and between Rebecca C. Dublin, formerly known as Rebecca C. Aderholt (hereafter
"Mother"), of Cumberland County, Pennsylvania, and Kyley E. Aderholt (hereafter "Father"), of
Cumberland County, Pennsylvania;
WITNESSETH:
WHEREAS, the parties hereto, former husband and wife, are the biological parents of
Dylan E. R. Aderholt, born May 29, 2003;
WHEREAS, on July 6, 2005, the parties executed a Stipulation for Entry of Agreed
Upon Custody Order, which Stipulation was entered as an Order of Court on December 14, 2005;
WHEREAS, on June 20, 2006, Mother filed a Petition for Modification of Existing
Custody Order, and a hearing thereon was scheduled for Tuesday, November 14, 2006 before the
Honorable Edward E. Guido;
WHEREAS, the parties hereto are desirous of entering into this stipulated custody order
that modifies the existing custody order and specifically settles the issue of legal and physical
custody of their child without the necessity of proceeding to trial on November 14, 2006;
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally
bound hereby, agree as follows:
Legal Custody. Mother and Father shall share legal custody of their
child, legal custody being defined as the right to make major decisions affecting the best interest
of the child, including, but not limited to, medical, religious, moral and educational decisions.
The parties agree to discuss and consult with one another with a view towards adopting a
harmonious policy calculated to promote the child's best interest. Each party shall have the right
to be kept informed of the child's educational, social, moral and medical development. Each
party shall be entitled to full and complete records and information concerning the child from any
doctor, dentist, teacher, treatment institution or similar authority and to have copies of any
reports, notices or other communications given to either parent. Each party shall notify the other
of any matter relating to the child which could reasonably be expected to be of significant
concern to the other. Day to day decisions shall be the responsibility of the parent then having
physical custody. The parent having physical custody of the child at the time of any emergency
shall have the right to make any immediate decisions necessitated thereby but shall inform the
other parent of the emergency and consult with him or her as soon as possible.
2. Physical Custody. The parties agree to continue to share physical custody
with Mother acting as primary physical custodian of the child subject to Father's periods of
partial custody in accordance with the following:
(a) On alternating weekends from Friday after school (or 5:00 p.m. if
not a school day) through Sunday at 5:00 p.m.;
2
(b) Every Monday overnight from Monday after school (or 5:00 p.m. if
not a school day) until Tuesday morning until Father goes to work (or 9:00 a.m. if Father does
not have to work). Notwithstanding the foregoing, and absent mutual agreement by the parties to
the contrary, Father's parents shall be permitted to watch Dylan on Tuesdays, if Dylan does not
have school, from the time after Father goes to work (or 9:00 a.m. if Father does not have to
work) until 5:30 p.m. when Father or his parents shall return Dylan to either Mother's residence
or, if Dylan is not yet in school, to his day care. The parties shall mutually agree as to the
appropriate drop off location each week, and the parties can mutually agree to allow Father's
parents to watch Dylan on a different weekday (i. e., during the day on Thursday), and nothing
within this Stipulation shall preclude the parties from agreeing to allow Father's parents to watch
Dylan on both days each week following Father's weekday overnight custody;
(c) Every Wednesday overnight from Wednesday after school (or 5:00
p.m. if not a school day) until Thursday morning until Father goes to work (or 9:00 a.m. if Father
does not have to work);
(d) On any other days, and at any other times, as the parties may, from
time to time, mutually agree upon.
3. Holidays. The parties shall alternate the following holidays, which shall
commence at 9:00 a.m. the day of the holiday and conclude at 6:00 p.m. the day of the holiday,
and which shall take precedence over the regular schedule:
(a) Fourth of July;
(b) Labor Day; and
(c) Memorial Day.
3
In all even-numbered years, Mother shall have custody of the child on Memorial Day and Labor
Day, with Father having custody of the child on the Fourth of July. In all odd-numbered years,
Father shall have custody of the child on Memorial Day and Labor Day, with Mother having
custody of the child on the Fourth of July.
4. Mother's Day/Father's Day. The parties agree Mother shall have
custody of the child each and every Mother's Day from 9:00 a.m. through 6:00 p.m., and Father
shall have custody of the child each and every Father's Day from 9:00 a.m. through 6:00 p.m.
5. Easter Holiday. The parties shall alternate the Easter holiday which shall
be defined as commencing Easter Sunday at 9:00 a.m. and concluding that evening at 9:00 p.m.
The Easter holiday shall be divided into two segments, each of which shall be six hours in
duration. Segment one shall run from 9:00 a.m. and conclude at 3:00 p.m.; segment two shall
run from 3:00 p.m. and conclude at 9:00 p.m. In all even-numbered years, Mother shall have
custody of the child for segment one of the Easter holiday, and Father shall have custody of the
child for segment two. In all odd-numbered years, Father shall have custody of the child for
segment one, and Mother shall have custody of the child for segment two. The Easter holiday
shall take precedence over the regular schedule.
6. Thanksgiving Holiday. The parties shall alternate the Thanksgiving
holiday, which shall be defined as commencing Thanksgiving Day at 9:00 a.m. and concluding
that evening at 9:00 p.m. The Thanksgiving holiday shall be divided into two segments, each of
which shall be six hours in duration. Segment one shall run from 9:00 a.m. and conclude at 3:00
p.m.; segment two shall run from 3:00 p.m. and conclude at 9:00 p.m. In all even-numbered
years, Father shall have custody of the child for segment one, and Mother shall have custody of
4
the child for segment two. In all odd-numbered years, Mother shall have custody of the child for
segment one, and Father shall have custody of the child for segment two. The Thanksgiving
holiday shall take precedence over the regular schedule.
7. Christmas/New Years Holiday. The parties agree as follows with
respect to the Christmas/New Years Holiday, which shall take precedence over the regular
schedule:
(a) In all even-numbered years, Mother shall have custody from 12:00
noon on Christmas Eve until 12:00 noon on Christmas Day, and Father shall have custody of the
child from 12:00 noon on Christmas Day until 12:00 noon on December 26th;
(b) In all odd-numbered years, Father shall have custody of the child
from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day, and Mother shall have
custody of the child from 12:00 noon on Christmas Day until 12:00 noon on December 26`i
(c) In all even-numbered years, Mother shall have custody of the child
from 12:00 noon on New Years Eve until 12:00 noon on New Years Day, and Father shall have
custody of the child from 12:00 noon on New Years Day until 12:00 noon on January 2nd; and
(d) In all odd-numbered years, Father shall have custody of the child
from 12:00 noon on New Years Even until 12:00 noon on New Years Day, and Mother shall
have custody of the child from 12:00 noon on New Years Day until 12:00 noon on January 2nd
Vacation. Each party shall be entitled to custody of the child for two non-
consecutive weeks of custody upon a minimum of five (5) days advance written notice to the
other party. The party to first provide notice of selected vacation periods shall receive priority,
and once the child is in school, he shall not miss school for a vacation absent mutual agreement
of the parties, which agreement shall not be unreasonably withheld. The parent removing the
child from school for the vacation shall ensure that all missed school assignments are made up
upon the child's return to school. Any selected weeks of vacation shall incorporate that party's
regularly scheduled custodial weekend absent mutual agreement of the parties. In addition, each
party shall be entitled to three additional days of vacation throughout the year that the party may
tack onto the existing weekends or holidays to allow the child to visit with extended family. Said
additional periods of vacation shall not take precedence over the actual holiday schedule.
Morever, in selecting periods of uninterrupted custody for purposes of this paragraph, neither
party shall continue with their regular employment during their vacation and have the child cared
for by any day care provider, including family. Instead, it is intended that both parties, in
selecting their vacation periods, will take off of work and spend continuous time with the child,
either within the local area or outside the local area.
The parties acknowledge that, at Thanksgiving 2006, that Mother intends to travel to
Florida with the child from Thanksgiving Day (immediately following Father's period of custody
as set forth in paragraph 6, infra) until Friday, December ? (with the child returning prior to the
start of Father's custodial weekend as set forth in paragraph 2, infra). This will result in Father
missing two periods of overnight custody during the week. The parties agree Mother may take
this trip with the child, and such time will not constitute part of her selected vacation under this
6
paragraph, but Father will receive appropriate make-up time for the two missed overnights.
Upon Mother's return on Friday, December 1, 2006, Father will exercise his regularly scheduled
custodial weekend. In order to make up the time missed, Father will have the weekend of
December 8, 2006, which would be Mother's regularly scheduled weekend. The parties would
return to their regular alternating weekend schedule at Friday, December 15, 2006, which is
Father's regularly scheduled weekend.
9. Child's Activities. The parties shall ensure the child participate in all
regularly-scheduled activities during their periods of custody. If the designated time for pick up
or return of the child occurs during a scheduled activity, then pick up or return shall occur at the
activity. As the parties presently reside within the same municipality, the parties agree to
alternate Dylan's Halloween trick or treat, whatever day the municipality selects to have trick or
treat. In all even-numbered years, Mother shall be permitted to take the child for trick or treat,
and in all odd-numbered years, Father shall be permitted to take the child for trick or treat. If the
parties subsequently reside in different municipalities, and each municipality has a different trick
or treat night, the parties agree that Dylan shall be able to attend both trick or treat events, one in
Mother's municipality and one in Father's municipality.
10. Transportation. Transportation of the child for all custody exchanges
shall be agreed upon between the parties or, in the event the parties are unable to agree, the party
obtaining custody of the child shall provide transportation.
11. Disparaging Remarks Prohibited. The parties shall refrain from making
any disparaging or negative remarks with regard to the other either directly to the child or in the
presence of the child.
7
12. Alcohol/Controlled Substances. During any periods of custody, the
parties shall not possess or use any controlled substances, and neither party shall consume
alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent
possible, that other household members or guests comply with this prohibition.
13. Telephone/Address. Each party shall keep the other apprised of his or
her telephone number and address. Each party shall be entitled to reasonable telephone
privileges with the child, up to two calls per day, while the child is in the custody or control of
the other party.
14. Notification. If either parent is going to be away with the child overnight
for three consecutive overnights or longer, that parent shall provide notice to the other parent as
to the location of the child and a number where they can be reached. Notice shall be given at
least forty-eight (48) hours in advance of the overnight travel.
15. Miscellaneous. For all periods of custody provided to each party herein,
that party shall exercise that time with the child, and to the extent that party is unable to exercise
the time with the child, notice shall be provided to the other parent that the child will be cared for
by friends or family members in excess of six (6) hours. Moreover, both parties shall provide
notice by 8:30 a.m. on a given day if the child will not be in day care, and, if not, the party shall
provide notice as to the person caring for the child and how that person can be reached.
In order to maximize the net income between the parties for the support Dylan, the parties
agree to share the entitlement to claim Dylan as a dependent on the parties' individual tax return.
Insomuch as only one party may claim Dylan as a dependent each year, Mother and Father agree
to exchange their tax information by February 15 `h of each year in order for the parties to
determine which parent will claim Dylan as a dependent for the previous tax year. Mother and
Father agree to have their tax preparer prepare pro forma returns for each party as if the party
claimed Dylan as a dependent and as if the party did not claim Dylan as a dependent and, based
upon those pro forma returns, Mother and Father shall agree which parent will claim Dylan as a
dependent. In the absence of the parties being able to reach an agreement, the dependency
exemption shall be alternated each year between the parties, with Mother entitled to claim Dylan
as a dependent in all odd-numbered tax years and Father claiming Dylan as a dependent in all
even-numbered tax years. Mother and Father agree to sign any and all documents required by the
Internal Revenue Service in order to effectuate the intent of this paragraph.
16. Entrv of Court Order. The parties agree that the terms and provisions of
this Stipulation shall be entered as an Order of Court and shall supersede the December 14, 2005
custody order.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the day and
date first written above.
WITNESS'
I ?SS
%Lf akkla?? ---
K ADERHOLT
9
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ?ib 1A
BEFORE ME, the undersigned authority, on this day personally appeared REBECCA C.
DUBLIN, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this t;;P day of
?,he VP r- , 2006.
ott bhc in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
My commission expires:
PENNBYLYA
SM
OTARY PUBLIC
17M DAUPHIN COUIM
MAY 17, 2008
10
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared KYLEY E.
ADERHOLT, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this A a
day of
2006.
GtlMMC?fVWEaLTIi OF PENNSYLVANIA
Notarial Seal Notary Public in and for
Mari T FJ. Da Notary Pt'?'c
Commonwealth of Pennsylvania
Daffy gyp. , Dauphin Co tmty
" amines Nov. s, Zoos Typed or printed name of Notary:
' ftnnsyharna association of Notaries
iN K? a LA ka
My commission expires: I I- 9- Q 1
11
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/+ ^r
I
ti
H?a
2 `3 9 2008
REBECCA C. DUBLIN, Fn/a : IN THE COURT OF COMMON PLEAS
REBECCA C. ADERHOLT, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 03-6217
KYLEY E. ADERHOLT, : CIVIL ACTION - LAW
Defendant : CUSTODY/DIVORCE
ORDER
d'?
AND NOW, this do day of , 2008, it is hereby ORDERED and
DECREED that the terms and conditions of the attached Stipulation for Agreed upon Custody
Order dated August 14, 2008 are hereby incorporated herein and made an Order of Court.
By the C ,
J.
Distribution:
ecca C. Dublin, 4 South Front Street, Wormleysburg, PA 17043
,;dhn J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033
.3
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