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HomeMy WebLinkAbout04-0652DANIEL A. HOI.LINGSWORTH,: IN Plaintiff CHRISTINA L. HOI J ,INGSWORTH, Defendant TI-IE COURT OF COMMON PI.EPS, : CUNIB~ CO~, PENNSYLVANIA .. : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND NOW comes Plaintiff, Daniel A. Hollingsworth, by and through his attorney, Nora F. Blair, Esquire, files this Complaint for Custody and in support thereof, avers as follows: 1. Plaintiff, Daniel A. Hollingsworth, (hereinafter referred to as "Father") is an adult individual residing at 7073 Carlisle Pike, Carlisle, Pennsylvania. 2. Defendant, Christina L. Hollingsworth, (hereinafter referred to as "Mother") is an adult individual residing at 209 Enola Road, Enola, Pennsylvania. 3. Plaintiff seeks shared physical and legal custody of the following minor children: NAME DATE OF BIRTH Andrew L. Hollingsworth March 4, 1997 Joshua L. Hollingsworth August 2, 2000 4. The children were born in wedlock. 5. The children are presently in the custody of Father who who resides at 7073 Carlisle Pike, Carlisle, Pennsylvania and Mother who resides at 209 Enola Road, Enola, Pennsylvania. 6. During the last five years, the children have resided with the following persons and at the following addresses: NAMES Father ADDRESSES 7073 Carlisle Pike Carlisle, PA 1-02 to Present Mother Jaime Shriner 209 Enola Road Enola, PA 04-02 to Present Father Mother (to 04-02) Jaime Shriner (8-01 to 2-02) 709 Erford Road Enola, PA late 1997 to 11-02 10. NAME Andrew L. Hollingsworth Joshua L. Hollingsworth 11. 12. Jaime Shriner Andrew L. Hollingsworth Joshua L. Hollingsworth The Father of the children is Daniel A. Hollingsworth, residing at 7073 Carlisle Pike, Carlisle, Pennsylvania. Daniel A. Hollingsworth is married. The Mother of the children is Christina L. Hollingsworth, currently residing at 209 Enola Road, Enola, Pennsylvania. Christina L. Hollingsworth is married. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: RELATIONSHIP Son Son The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons: RI~,?,&TIONSHIP Paramour/girlfriend Son Son 13. 14. 15. 16. 17. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of these children in this or another court. Plaintiff has no information of a custody proceeding concerning these children pending in a court of this Commonwealth or in another state or commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff will provide a more stable and nurturing environment for the minor children. Further Plaintiff believes that it is in the minor children's best interest to reduce the conflict involved in the exchanges of the minor children. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the minor children have been named as parties to this action. WHER~RE, Plaintiff requests that Your Honorable Court enter an order providing that the parties have shared legal custody and that each party has the minor children for fifty percent of the time. Date: Respectfully submitted, Supreme Court ID #45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112o0216 (717) 541-1428 VE. RIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: DANIEL A. HOLLINGSWORTH PLAINTIFF CHRISTINA L. HOLLINGSWORTH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'I~(, PENNSYLVANIA 04-652 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 23, 2004 , 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 301 Market Street, Lemoyne, PA 17043 on Tuesday, March 30, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the corn:t, 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~. FOR THE COURT. By: /s/ Melissa P. Greevy. Esq. 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 heating 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 Cat'lisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMlVION PLEAS, DANTe. A. HOI.I.INGSWORTH,:. CUMBEBLAND COUNTY, PENNSYLVANIA Pt~intiff · Vo CHRISTINA HOI. I JNGSWORTH, Defendnnt : NO. 04-652 Civil Term : : CIVIL ACTION - CUSTODY ACCEPTANCE OF SERVICE I, Lee E. Oesterling, Esquire, am the Attorney for the Defendant, Christina L. Hollingsworthq, in the above-captioned matter. In that capacity, I am authorized to and have accepted service of the Complaint for Custody, as of this the ~/J dayof /~0/'(:/7 ,2004. //' n eAt~ff~'r ~ 2;~o~'re~enfge 'nEdSa~t~lre / / DANIEL A. HOLLINGSWORTH, Plaintiff V. CHRISTINA L. HOLLINGSWORTH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-652 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this [[]t~,.. day of l/I//; ,2004, upon consideration of the attached Custody conciliation Sum~nary Repo~ it is hereby ordered and directed as follows: 1. ~. The parties, Daniel A. ,Hollingsworth and Christina L. Hollingsworth, shall have shared legal custody of the minor children, Andrew L. Hollingsworth bom Mamh 7, 1997, and Joshua L. Hollingsworth born August 2, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. {}5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. ~. Pending Order of Court or further agreement of the parties, physical custody of the children shall be shared in accordance with the following schedule: A. Week one: Father will have custody on Thursday evenings after work through 10:30 a.m. Saturday. B. Week two: Father will have custody from Monday after work until Thursday morning when the children are returned to preschool or day care and Saturday at 10:30 a.m. until Monday when the children are returned to preschool or day care. At all times that Father does not have custody, Mother will have custody. 3. ~. Custodial exchanges will occur at a neutral exchange point. At the time when Father receives the children from Mother', the custodial exchange shall occur at The Middlesex Diner. At the time when Mother receives the children from Father, the custodial exchange will occur at the McDonald's on 11 & '15. NO. 04-652 CIVIL TERM 4. The parties will participate in therapeutic co-parent counseling at New Passages to assist them in improving their communication and reducing the stress on their children while they parent the children from two residences. 5. Holidays. The holiday schedule will supercede the regular schedule. A. The parties will alternate the following holidays commencing with Mother having Easter in even numbered years. Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving. B. Christmas. The parties will share the Christmas eve and Christmas day time by their mutual agreement. With Mother having Christmas eve in even numbered years and Father having Christmas day ii~ even numbered years. Mother will have Christmas day in odd numbered years and Father will have Christmas eve in even numbered years. 6. A hearing is scheduled in Courtroom Number. of the Cumberland County Courthouse, on the day of July, 2004, at o'clock .M., at which time testimony will be taken. For the purposes of the hearing, the Father, Daniel A. Hollingsworth, 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, an~d a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Dist: BY THE COURT: · 'N~ra F. Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 ~'e~e E. Oesteriing, Esquire, 42 East Main Street, Mechanicsburg, PA 17(~,55 DANIEL A. HOLLINGSWORTH, Plaintiff V. CHRISTINA L. HOLLINGSWORTH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-652 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 children who are the subject of this litigation is as follows: .NAME Andrew L. Hollingsworth Joshua L. Hollingsworth DATE OF BIRTH March 7, 1997 August 2, 2000 .CURRENTLY IN THE CUSTODY O1' Mother and Father Mother and Father 2. The parties first Custody Conciliation Conference was held on April 2, 2004 with the following individuals in attendance: the Father, Daniel A. Hollingsworth, and his counsel, Nora F. Blair, Esquire; the Mother, Christina L. Hollingsworth, and her counsel, Lee Oesteding, Esquire. 3. The parties were able to reach some agreements with regard to the custody of their children. The attached Order reflects the status quo. 4. Father filed a Complaint on February 17, 2004, seeking to return to a prior schedule which the parties had tried in their independent efforts to make custodial plans for their children. Father seeks to reduce the conflict at exchange time and to reduce the adjustments necessary for the children as they shift between the various environments which include a day care center, school for the older child, and both parent's homes. Father believes that the previous custodial arrangement had required fewer daily adjustments by the children and better served their needs. 5. Mother filed a Complaint on February 18, 2004. Mother's Complaint, docketed to 04-725 will be consolidated with Father's previously filed action. Mother's position on custody is that she should be the primary custodial parent. She seeks a consistent arrangement during the school year and arrangement that provides for weekend and leisure time with her as well. Mother is presently employed out of the home for EDS. The youngest child attends Kindercare in the mornings. The older child attends half-day kindergarten. He also has a tutor. Under the present arrangement, Mother picks up the children around lunch NO. 04-652 CIVIL TERM time each day. On Father's custodial days, the children start their day with Mother, go to school or day care, are picked up by Mother all prior to t~he custodial exchange to Father's care. 5. The part es agree to an intedm Order as arb d which includes partic pation in co-parent counseling at New Passages pending a~g i~n duly, 2004. Custody Conciliator :228107 DANIEL A. HOLL1NGSWORTH, Plaintiff CHRISTINA L. HOLLINGSWORTH, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ~4-652 CIVIL TERM ORDER OF COURT AND NOW, this 12t~ day of May, 2004, the above-captioned case is consolidated with the case at 04-725, and all filings will hereafter be docketed at 04-652 Civil Term. BY THE COURT, o,,~V~ra F. Blair, Esq. Attorney for Daniel A. Hollingsworth ~e.~e E. Oesterling, Esq. Attorney for Christina L. Hollingsworth irc J~esley Oler,<[l'~ ~