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HomeMy WebLinkAbout05-4478IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR Plaintiff ) v. ) NO. 2005- ~/y7~' CNIL TERM BRENDA F. HOLSTON, ) CNIL ACTION -LAW Defendant ) IN DNORCE 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 aze warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe 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, Cazlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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 Baz Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 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 JOSEPH D. HOLSTON, JR. ) Plaintiff ) v. ) BRENDA F. HOLSTON, ) Defendant ) NO. 2005-~ CIVIL TERM CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Joseph D. Holston, Jr., by and through his counsel, Howett, Kissinger, Conley & Holst, P.C., who states the following in support of the within Complaint: Plaintiff is Joseph D. Holston, Jr., an adult individual who currently resides at 1117 Columbus Avenue, Apt. 2, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Defendant is Brenda F. Holston, an adult individual who currently resides at 503 Seventh Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on October 26, 1985, in Dauphin County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemembers Civil Relief Act. 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. 8. The marriage of the parties is irretrievably broken. The parties are living separate and apart. 10. Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, Date: ~ ~ ©~ Donald T. Kissinger, Esquire Howett, Kissinger, Conley & Hols , P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Joseph D. Holston, Jr. VERIFICATION I, Joseph D. Holston, Jr., hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and con•ect to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Auqust 29, 2005 ~ ~ ~ ~ ~o C ~,> ~ <~ .-, <~ ~ t^] ~r, ~ ,n ~ ~ ~~ ~ ~~ -- W ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR Plaintiff ) v. ) NO. 2005- ~y a~ CIVIL TERM BRENDA F. HOLSTON, ) CIVIL ACTION -LAW Defendant ) IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiff Joseph D. Holston, Jr., by and through his attorney, Howett, Kissinger, Conley & Holst, P.C., files a Complaint for Custody against Defendant, Brenda F. Holston, and in support thereof, avers the following: 1. Plaintiff is Joseph D. Holston, Jr. ("Father"), who currently resides at 1117 Columbus Avenue, Apt. 2, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Defendant is Brenda F. Holston ("Mother"), who currently resides at 503 Seventh Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Plaintiff seeks shazed legal and partial physical custody of the following children: Names Present Address Aees Kathryn A. Holston 503 Seventh Street 12 New Cumberland, PA 17070 Joseph Holston 503 Seventh Street 8 New Cumberland, PA 17070 The children were not born out of wedlock. The children aze presently in the custody of Defendant who currently resides at 503 Seventh Street, New Cumberland, PA 17070. During the past five yeazs, the children resided with the parties at the following addresses: Persons Mother and Father Mother Addresses 503 Seventh Street New Cumberland, PA 17070 503 Seventh Street New Cumberland, PA 17070 Dates 8/2000-3/2004 4/2004 to present The mother of the children is Brenda F. Holston, who currently resides at 503 Seventh Street, New Cumberland, PA 17070. She is married. The father of the children is Joseph D. Holston, Jr., who currently resides at 1117 Columbus Avenue, Apt. 2, Lemoyne, Cumberland County, Pennsylvania, 17043. He is married. 4. The relationship of Plaintiff to the children is that of Father. Plaintiff currently resides with the following persons: Name s Relationship N/A~ther than the minor children sporadically. 5. The relationship of Defendant to the children is that of Mother. Defendant currently resides with the following persons: Name Relationship Kathryn A. Holston Daughter Joseph Holston Son 3 6. Plaintiff has not participated in any litigation conceming the children in this or any other state. There are no proceedings pending involving custody of the children in this or any other state. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 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 interests and permanent welfaze of the children will be served by granting the relief requested. 8. Each pazent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting the parties shared legal custody, and granting Plaintiff liberal rights of partial physical custody. Date: ~ Z / ~ 7 Respectfully submitted, Donald T. Kissinger, Esquire V Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Joseph D. Holston, Jr., Plaintiff VERIFICATION I, Joseph D. Holston, Jr., hereby swear and affirm that the facts contained in the foregoing Complaint for Custody ~'e 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 unsworn~falsi~fication to / , ~ Date: August 29, 2005 / ~~ ~ ~ Jo enh .Holston. Jr. ~~ ~-~ h~ s~ ~ ~ O _ .f.r ~ -~ fltT ~~. ~ (~ ~./ (.: S r - (J Q C q~ V ^ a ,0 11 ,. ' ~ : ,i , :` JOSEPH D. HOLSTON, JR. 1N THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' OS-4478 C1VIL ACTION LAW BRENDA F. HOLSTON IN CUSTODY DEFENDANT ORDER OF COURT AND NO W, Thursday, September O8, 2005 _ _ ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 12, 2005 at 8:30 AM for aPre-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 ai;e five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry oti a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S, Sunday, Fem. 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 ~2~ sod. ~~~ ~ 6 -~' d 6 ,_ -Pa. ~ ~,•.,. ' 11"T,.I ., _~ ,/ Commonwealth of Pennsylvania County of Cumberland, SS: JOSEPH D. HOLSTON, JR., ) In the Court of Common Pleas of Plaintiff ) Cumberland County, Pennsylvania ) ~oo5=y~~g v. ) BRENDA F. HOLSTON, ) C[VIL ACTION -LAW Defendant ) IN DIVORCE Motion for Anoointment of Master Plaintiff Joseph D. Holston, Jr. moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Liae ( ) Costs and Expenses and in support of the motion states: Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The defendant has appeared in this action by her attorney, Sandra L. Meilton, Esquire. 3. The statutory grounds for divorce are §3301(c) and (d). 4. The action is not contested. An agreement has been reached with respect to the following claims: The action is contested with respect to the following claims: equitable distribution 5. The action does not involve complex issues of law or fact. 6. The heazing is expected to take one day. Additional information, if any, relevant to the motion: Date: ~ ~~ D$~ ~~ Donald T. Kissinger, E quire Attorney for Plaintiff Joseph D. olston, Jr. AND NOW, , 2006, _ master with respect to the following claims: Esquire is appointed BY THE COURT: J. ~~~ - r> -., ~:. :: ~,~, ~, ;< r Donald T. Kissinger, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Joseph D. Holston, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR., Plaintiff ) NO. 2005-4478 CIVIL TERM v. ) BRENDA F_ HOLSTON, ) CIVIL ACTION - L,AW Defendant ) IN DIVORCE PETITION RAISING MARITAL CLAIMS AND NOW, comes Plaintiff, Joseph D. Holston, Jr., by and through his counsel, Howett, Kissinger, Conley & Holst, P.C., and files this Petition Raising Marital Claims and in support thereof states as follows: Plaintiff is Joseph D. Holston, Jr., an adult individual who currently resides at 345 Blacklatch Lane, Camp Hill, Cumberland County, Pennsylvania 17011-84]3. 2. Defendant is Brenda F. Holston, an adult individual who currently resides at 503 Seventh Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant were married on October 26, 1985. 4. A Complaint for Divorce was filed by Plaintiff on August 30, 2005 in Cumberland County, Pennsylvania. 5. Defendant hereby raises the following marital claim: COUNT I - EQUITABLE DISTRIBUTION 6. The prior paragraphs of this Complaint are incorporated herein by reference thereto. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide al] marital property. Respectfully submitted, Date: ~ ~~ CJ~ Donald T. Kissinger, Esquire HOWETT, KISSINGER, CONLEY & HOLST, RC. 130 Walnut Street, P.O. Box 810 Harrisburg, PA L7108 Telephone: (717) 234-2616 Counsel for Plaintiff Joseph D. Holston, Jr. VERIFICATION I, Joseph D. Holston, Jr., hereby swear and affirm that the facts contained in the foregoing Petition Raising Marital Claims are true and correct to the best of my lmowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorityies. Date: ~ ~ ~ ~ ~~ p ~- ,:. ~U + ~ Josepl} D: Holston, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR., Plaintiff ) NO. 2005-4478 CIVIL TERM v. ) BRENDA F. HOLSTON, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for 3oseph D. Holston, Jr., Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition Raising Marital Claims was served upon Sandra L. Menton, Esquire, counsel for Brenda F. Holston, Plaintiff, by depositing same in the United States mail, first class, on January 17, 2006, addressed as follows: Sandra L. Menton, Esquire TUCKER ARENSBERG P.O. Box 889 Harrisburg, PA 17108 Date: ` `~ ~~ i Donald T. Kissinger, Esquir~~~ HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P_O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Joseph D. Holston, Jr. ~ ~ ;' O _ _ \~ fJ^t C ._._ t/ l 1 r, ~ '~, r ~~~- ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR., ) Plaintiff ) v. ) BRENDA F. HOLSTON, ) Defendant ) NO. 2005-4478 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a Counteraffidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER §3301(dl OF THE DIVORCE CODE The parties to this action separated on or about January 1, 2004 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 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 verify that the statements made in this Affidavit 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. ~ ~ iE I __ , ~~ ~ ~ ~~. Date: ~ ~ ~ ~ , Joseph D. lston, Jr., Plaintiff ~ L ,_, ' ;; ;; ~'~ ~~ ,IAN 2 ~? LUUb JOSEPH D. HOLSTON, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND CCIUNTY, PENNSYLVANIA vs. OS-4478 CNIL, ACTION LAW BRENDA F. HOLSTON Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~~~ day of d 2006, upon consideration of the attached Custody Conciliati Report, it is ered and directed as follows: 1. The Father, Joseph D. Holston, Jr., and the Mother, Brenda F. Holston, shall have shared legal custody of Kathryn A. Holston, born May 7, 1993, and Joseph Holston, born January 31, 1997. 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 this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The parties shall submit themselves and their minor Children to a course of family counseling with Deborah Salem, LPC or other professional selected by agreement. The purpose of the counseling shall be to address issues which have arisen in the father-daughter relationship, to assess Kathryn's adjustment and ongoing needs in relation to the timing of expansion of periods of custody with the Father and to generally obtain professional guidance with respect to the Father's request for expanded periods of custody with the Children. The parties shall follow the counselor's guidance as to the timing of implementation of any changes to the schedule and as to which family members should participate in any given counseling session. 3. Pending the follow-up conciliation conference or agreement of the, parties, the Mother shall have primary physical custody of the Children and the Father shall have partial custody of the Children as follows: A. The Father shall have partial physical custody of Kathryn on alternating weekends from Friday at 6:00 p.m. through Sunday at 8:45 a.m. In addition, during weeks preceding the Father's weekend periods of custody, the Father shall have custody of Kathryn on Tuesday from 6:00 p.m. unti19;00 p.m., and during weeks preceding the Mother's weekend periods of custody, the Father shall have custody of Kathryn on Thursday from 4:30 p.m. through 9:00 p.m. B. The Father shall have partial physical custody of Joseph on alternating weekends (to coincide with the Father's weekends with Kathryn) from Thursday at 4:30 p.m. through Sunday at 6:30 p.m. In addition, the Father shall have custody of Joseph during the interim weeks from Thursday at 4:30 p.m. through Friday before school. 4. The parties and counsel shall attend an additional custody conciliation conference, in the office of the conciliator, Dawn S. Sunday, on Tuesday, March 28, 2006 at 8:30 a.m. The purpose of the follow-up conference shall be to review the custody schedule in light of the family counseling and the Children's ongoing adjustment. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. ~~ BY THE COURT, i -._ ~~'%? J. cc: /IJonald T. Kissinger, Esquire -Counsel for Father ~andra L. Meilton, Esquire -Counsel for Mother o' ~a O i ~ .. ,,.~ _.. JOSEPH D. HOLSTON, JR. Plaintiff vs. BRENDA F. HOLSTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COi1NTY, PENNSYLVANIA OS-4478 CNIL 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kathryn A. Holston May 7, 1993 Joseph Holston January 31, 1997 Mother Mother 2. A custody conciliation conference was held on January 6, 2006, with the following individuals in attendance: The Father, Joseph D. Holston, Jr., with his counsel, Donald T. Kissinger, Esquire, and the Mother, Brenda F. Holston, with her counsel, Sandra L. M.eilton, Esquire. 3. The parties agreed to entry of an Order in the form as attached. J ce-~..~w•., r 4 , ago (o Q1e~, Date Dawn S. Sunday, Esquire Custody Conciliator ~- Commonwealth of Pennsylvania LAP; 2 ~ 2[106 County of Cumberland, SS: ~( r~ JOSEPH D. HOLSTON, JR., ) In the Court of Common Pleas of Plaintiff ) Cumberland County, Pennsylvania v. j ~v0~ Y~f~g BRENDA F. HOLSTON, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE Motion for Aooointment of Master Plaintiff Joseph D. Holston, Jr. moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony O Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: I. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The defendant has appeared in this action by her attorney, Sandra L. Menton, Esquire. 3. The statutory grounds for divorce are §3301(c) and (d). 4. The action is not contested. An agreement has been reached with respect to the following claims: The action is contested with respect to the following claims: equitable distribution 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: Date: ~ ~~ D~ Donald T. Kissinger, E quire Attorney for Plaintiff Joseph D. olston, Jr. / /,_. AND NOW, _ ~.9,o U , 2006, ~__ GG f ~ C/Lr,(~1h-Esquire is appointed 6'(/~L C. master with re oect to thel ollowine claims: BY J. ,._~ R~ ~_. -- ~. ; r M c '~ r~~. LL -~" C1 " IJ., ~.... l ) . ; (j j i. Q C`7 w v_ "ltil ^ ~..~l.LLf ;. -~ i:G_ O ~ U -, ; -< IN THE"COURT OF COMMON YLF:Ati Ut CDZD3FUr.exn COiIN'L'Y, PENNSYLVANIA JOSEPH D. HOLSTON, JR., Plaintiff vs. _ BRENDA F. HOLSTON NO. 2005-4478 CIVIL TERM MOTION FOR APPOINTMENT OF MASTER Brenda F. Holston (8(lL'[[i~6~ (Defend a master with respect to the following claims: (x ) Divorce (x ) ( ) Annulment ( ) (x ) AliIDOny (x ) (x ) Alimony Peadente Lite (x ) ant), moves the court to appoint Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states- ~s not (1) Discovery complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) ~g~g) appeared in the action (~anss~og~ky~ x(ta~c~nX~ARa (bv her attorney, Sandra L. Meilton Es wire) 1(c staturory > 4 :(was) ~4) llelete the inapplicable paragraph(s): (a) IDiar~:aaxma~xmo~mxmaro~atssrun (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims:e,~uitable distribution, alimony, alimony pendente lite, counsel fees and expense: (S) The action Wig) (does not involve) complex issues of law or fact. . (6) The hearing is expected to take one day (hours) (days). (7) Additional information, if any. relevant to the motion: Date:_ 1/27/06 ~,~~c ~b~` J'OL'~~/l-rti 'Attorney for ~ ) (Defendant) ORDER APPOINTING MASTER AND NOW ,2p _, Esquire, is appointed master with respect to the following claims: By the Court: J e-, ~ o ~-= ~. ..~ 1 C.J ,J7~ • , o ~=~ r~ ~.i > ; ~t _ < ; w - , _ '" ; ' < _ _ ;,~ . JOSEPH D. HOLSTON, JR. Plaintiff v. BRENDA F. HOLSTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4478 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE Prothonotary: Please enter the appearance of Sandra L. Meilton and Tucker Arensberg, P.C. as counsel for the Defendant, Brenda F. Holston. TUCKER ARENSBERG, P.C. Sandra L. Meilton`~ `~~ PA I.D. No. 32551 111 North Front Street P.O. Box 889 ~~ ~` p~/ Harrisburg, PA 17108-0899 Date: C/lp Telephone: (717) 234-4121 84216.1 c~ -„ ~ - t, r r n ':~ - T c ~ w ,...,. ~ yC, sn ~ 1 W ` + ... s1. Sandra L. MeiRon, Esquire TuckerArensberg, P.C. 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108 717-234-4121 sm a ilto n (ciltu ckerl aw. com JOSEPH D. HOLSTON, JR., Plaintiff v. BRENDA F. HOLSTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 2005-4478 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AND NOW comes the Defendant, by and through her attorneys, Tucker Arensberg, P.C., and petitions this Honorable Court as follows: COUNT I: CLAIM FOR ALIMONY UNDER THE DIVORCE CODE 1. Defendant has inadequate means of support for herself except as provided for by Plaintiff. 2. Plaintiff is an attorney/lobbyist who is earning in excess of $300,000 (gross) `~~~~ , annually. Defendant is employed as a bookkeeper and earning approximately $24,000 annually. COUNT II: Defendant does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 4. Plaintiff is full well and able to pay Defendant Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Defendant requests the Court to enter a Decree: A. Directing the Plaintiff to pay Alimony to the Defendant; B. Directing the Plaintiff to pay Alimony Pendente Lite and Defendant's counsel fees and the costs of this proceeding; and C. For such further relief as the Court may determine equitable and just. Respectfully submitted, ~~ Sandra L. Meilton, Esqui e PA I.D. No. 32551 TUCKER ARENSBERG, P.C. 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorneys for Defendant, Brenda F. Holston VERIFICATION I, Brenda F. Holston, verify that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. renda F. Holston DATED: ~ ~ °~' ~~ D `~ CERTIFICATE OF SERVICE ~-~ -~ AND NOW, this a 7 day of -~~, 2006, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Donald T. Kissinger Esquire P.O. Box 810 Harrisburg, PA 17108 Gloria M. Rine 84205.1 _~ -Z W W U2 W -~. Q f~`~ N ~ +-~ o ~~ a r,-~, ',~ m~, c.~ ~ ~ ra ~,~ -„ ~~ ~" ;~' c.? -~ }~ .`, JOSEPH D. HOLSTON, JR., Plaintiff v. BRENDA F. HOLSTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 2005-4478 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. X (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): X (i) The parties to this action have not lived separate and apart for a period of at least twc years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4909 relating to unsworn falsification to authorities. Date: ~ ~-a-S CJ~P renda F. Holston, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. CERTIFICATE OF SERVICE AND NOW, this 1~? ,day of January, 2006, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for t:he firm of Tucker Arensberg, P.C., hereby certify that I have this da}~ served a copy of the within Defendant's Counter-Affidavit under Section 3301(d), by mailing same by first class mail, certified mail with return receipt requested, postage prepaid, addressed as follows: Donald T. Kissinger, Esquire P.O. Box 810 Harrisburg, PA 17108 ~ c_ /~~ /; ~ v ~~ ~ 72-~--- or aazoa.i M Lh ~ ~~ ~~ ~ ~. 'i-1 ~~~' ~ ~~ ' ~ S.1 O _ ~ "S KL ~~. .. -c) .;. i ~~ C7 ~ s_, rr ~ c~ ~o JOSEPH D. HOLSTON, JR., Plaintiff vs. BRENDA F. HOLSTON MOTION FOR APPOINTMENT OF MASTER Brenda F. Holston (81.L3CiR36$~~ (Defendant), moves the court to appoint a master with respect to the following claims: _ (x } Divorce (x ) Distribution of Property ( ) Annulment ( ) Support (x ) A13mony (x } Counsel Fees (x ) Alimony Peadente Lite (x ) Costs and Expenses IN THE "COURT OF (;UMMON YLF:Ati Ut CDtffiERLAND COUNTY, PENNSYL4ANIA N0. 2005-4478 CIVIL TERM and in support of the motion staites: ~s not (1) Discovery complete as to the claims(s) appointment of a master is requested. (2) The defendant (has) ;(~k9c~k) appeared i (.hu~iei~s„aeae~mvm [hv her attornev. Sandra L. Menton 3 The statutory (is) following claims: 4) Delete the inapplicable paragraph(s): (a) ~ (b) An agreement has been reached with respect to the (c) The action is contested with respect to the following claims:2fluitable distribution, alimony, alimony pendente lice, cotmsel fees and expense; (S) The action ~) (does not involve) complex issues of law or fact. . (6) The hearing is expected to take one day (hours) (days). (7) Additional information, if any. relevant to the motion: Date: 1/27/06 ~ /u~i~C..c_,6~C ~/LP/-~~tl--~t, 'Attorney for ) (Defendant) ORDER APPOINTING MASTEpR AND NOW 3 i 20~_ iYlitP./~ ~~ ~ Esquire, . is appointed stet wit ,respect to the following claims: ~ ~~ `~ ~~ O i~~ ~~ C ~..-- By th urt: ,, \ G J for which the n the action (~antsaon$k}~i _,Esquire). _ ~ C C''~ "' r~ a 'Ti r - c T ~ t-[lam ~ G) Y](T~ SS{'7 _ O ~ ii... 7~C. _, ~ '~'~~ W rn _ vw :~ '< ~ 7 n ~( `'~ Donald T. Kissinger, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717)234-2616 Counsel for Plaintiff Joseph D. Holston, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR. ) Plaintiff ) v. ) BRENDA F. HOLSTON, ) Defendant ) NO. 2005-4478 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this _~~' day of , 2006, the within Petition for Revocation of Special Masterishereby granted. BY THE COURT: ~} J. f~~'o~ a~ rn ,__ ~. ~ ~ 7 U : l ~__ ta_ •.'o t : c'' . C.J ~~ 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR. ) Plaintiff ) v. ) BRENDA F. HOLSTON, ) Defendant ) NO. 2005-4478 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION FOR REVOCATION OF SPECIAL MASTER TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff Joseph D. Holston, Jr., by his attorney, Donald T. Kissinger, Esquire, who respectfully represents that: Plaintiff filed a Motion for Appointment of Master on January 20, 2006, wherein he raised an additional claim of distribution of property and is represented by Donald T. Kissinger, Esquire. Defendant filed a Motion for Appointment of Master on or about January 27, 2006, wherein she raised additional claims of alimony, alimony pendente life, distribution of property, counsel fees, costs and expenses and is represented by Sandra L. Menton, Esquire. 3. E. Robert Elicker, Esquire, was appointed Special Master in this matter on or about January 31, 2006. 4. The parties, through their counsel, have resolved all outstanding issues so that the divorce action may proceed pursuant to Section 3301(c) of the Divorce Code. 5. Because there remain no issues to be resolved by the Master, his appointment should be revoked. Counsel for Defendant, Sandra L. Meilton, Esquire, joins in the Petition herein and has authorized the undersigned to so state. Date: ~ z ©~ Respectfully submitted, Donald T. Kissinger, Esquire HOWETT, KISSINGER, CONL & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Joseph D. Holston, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR., Plaintiff ) NO. 2005-4478 CIVIL TERM v. ) BRENDA F. HOLSTON, ) 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: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Sandra L. Meilton, Esquire on September 10, 2005; Acceptance of Service is being filed contemporaneously herewith. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, March 24, 2006; by defendant, March 24, 2006. 4. Related claims pending: Praecipes Withdrawing Ancillary Claims are being filed contemporaneously herewith. 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: contemporaneously herewith. ~ 6 0~6 Date: Donald T. Kissinger, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Joseph D. Holston, Jr. ,~a ' ~. " .` ~' 1 ~ ~, , f1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR., ) Plaintiff ) v. ) BRENDA F. HOLSTON, ) Defendant ) NO. 2005-4478 C[VIL TERM CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Sandra L. Meilton, Esquire, accept service of the Complaint in Divorce on behalf of Brenda F. Holston, Defendant in the above-captioned action, and certify that I am authorized to do so. Date: / ~C' ~~ Respectfully submitted, andra L. Meilton, Esqui, •e TUCKER ARENSBERG, P.C. 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108 Telephone: (717)234-4121 Counsel for Defendant Brenda F. Holston _ i"~~ y ~1~ .~ -' '1 ~~ .. __ .] `Y r.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR., ) Plaintiff ) v. ) BRENDA F. HOLSTON, ) Defendant ) NO. 2005-4478 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on August 30, 2005. 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. I verify that the statements made above aze 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: ~ a N ~'~. -D i J ":7 -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR., ) Plaintiff ) v. ~ BRENDA F. HOLSTON, ) Defendant ) NO. 2005-4478 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO 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 aze made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date:~c} v~- l,._ se D. Holston, Jr., Plaiii ' f -.J - -ii - --i ~e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR., ) Plaintiff ) v. ) BRENDA F. HOLSTON, ) Defendant ) NO. 2005-4478 CNIL TERM CIVIL ACTION -LAW IN DIVORCE DEFE-YCDAiV"t'S AFFITi~AVI"I' OF (:ONSEitiT A complaint in divorce under §3301(c) of the Divorce Code was filed on August 30, 2005. 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. 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 unswom falsification to authorities. / L Date: ,~ ~~ y' d(~ 'l. ~ ~'1~~~~ renda F. Holston, Defendant `;~ - ;~; ]N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR., ) Plaintiff ) v. ) BRENDA F. HOLSTON, ) Defendant ) NO. 2005-4478 CIVIL TERM CNIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(cl OF THE DIVORCE CODE 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 unsworn falsification to authorities. Date: c renda F. Holston, Defendant IN THE COURT OF COMMON PLEAS JOSEPH D. HOLSTON, JR., Plaintiff VERSUS BRENDA F. HOLSTON, Defendant No. 2005-4478 CIVIL TERM DECREE IN DIVORCE AND NOW, ~r DECREED THAT JOSEPH D. HOLSTON, JR. 2006 IT IS ORDERED AND PLAINTIFF, AND BRENDA F. HOLSTON __, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION F'OR WHICH A FILIAL ORDER HAS NOT YET BEEN ENTERED; None. OF CUMBERLAND COUNTY STATE OF ~ PENNA. •~ ~ ~~~ ATTEST: '~ ' PROTHONOTARY ~ ~`~~~ ~ya~~' ~~ ;- ~/ N~~~ f' JOSEPH D. HOLSTON, JR. Plaintiff vs. BRENDA F. HOLSTON Defendant JUN 0 5 200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OS-4478 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this _~ day of~~ 2006, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The prior Order of this Court dated January 23, 2006 is vacated and replaced with this Order. 2. The Father, Joseph D. Holston, Jr., and the Mother, Brenda F. Holston, shall have shared legal custody of Kathryn A. Holston, born May 7, 1993, and Joseph Holston, born January 31, 1997. 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 this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children as follows: A. During the school year, the Father shall have custody of Kathryn on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:30 p.m. and, during weeks following the Father's weekend periods of custody, on Thursday from 4:30 p.m. unti19:00 p.m. In addition, during weeks preceding the Mother's weekend periods of custody, the Father shall have custody of Kathryn on Tuesdays from 6:00 p.m. unti19:00 p.m. During the school year, the Father shall have custody of Joseph on alternating weekends (coinciding with the weekends when the Father has custody of Kathryn) from Thursday at 4:30 p.m. through Sunday at 6:30 p.m. and during the interim weeks from Thursday at 4:30 p.m. through Friday before school or 9:00 a.m., if there is no school. B. During the summer school break, the Father shall have custody of both Children on alternating weekends from Thursday at 4:30 p.m. through Sunday at 6:30 p.m. and during the interim weeks from Thursday at 4:30 p.m. through Friday at 9:00 a.m. C. The summer custody schedule shall begin with the Father's first full alternating weekend (Thursday through Sunday) which falls after the last day of school or the Father's first alternating Thursday through Friday period of custody which falls after the last day of school. In 2006, the summer custody schedule shall begin with the Father having his first weekday overnight period of custody of the Children on Thursday, June 29. The Father's first full weekend under the summer custody schedule shall begin on June 22, 2006. The school year custody schedule shall resume on August 28, 2006 with the Father having custody of the Children over the Labor Day weekend. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: In 2006, the Father shall have custody of the Children on Christmas Eve from 10:00 a.m. unti14:00 p.m., the Mother shall have custody from Christmas Eve at 4:00 p.m. through Christmas Day at 1:00 p.m., the Father shall have custody from Christmas Day at 1:00 p.m. through December 29 at 6:00 p.m. and the Mother shall have custody from December 29 at 6:00 p.m. through Januazy 2 at 12:00 noon or at the beginning of school. In 2007, the Father shall have custody of the Children on Christmas Eve from 10:00 a.m. unti19:00 p.m., the Mother shall have custody from Christmas Eve at 9:00 p.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 29 at 6:00 p.m., and the Mother shall have custody from December 29 at 6:00 p.m. through Januazy 2 before school or 12:00 noon if there is no school. B. Thanksgiving: The Thanksgiving holiday period of custody shall run from Wednesday at 6:00 p.m. through Friday at 12:00 noon. The Mother shall have custody of the Children over Thanksgiving in even numbered years and the Father shall have custody in odd numbered yeazs. C. Easter: In the event Easter falls on the Mother's regular weekend period of custody, the Father shall have custody of the Children on Easter Sunday from 3:00 p.m. until 7:00 p.m. In the event Easter falls on the Father's regulaz weekend period of custody, the Father's weekend period of custody shall end on Easter Sunday at 3:00 p.m. and the Mother shall have custody for the remainder of Easter Sunday. D. Memorial Dav/Labor Day: The Memorial Day and Labor Day holiday shall run from 11:00 a.m. unti16:00 p.m. on the Monday holiday. In even numbered yeazs, the Mother shall have custody of the Children on Memorial Day and the Father shall have custody on Labor Day. In odd numbered years, the Father shall have custody of the Children on Memorial Day and the Mother shall have custody on Labor Day. In the event the party having custody of the Children on the Monday holiday also has custody on the immediately preceding weekend, the period of custody shall run continuously without interruption. E. Mother's DavlFather's Dav: In every year, the Mother shall have custody of the Children on Mother's day and the Father shall have custody on Father's Day from 12:00 noon unti16:30 p.m. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. In 2006, the Father shall have periods of vacation custody with the Children from July 15 at 12:00 noon though July 23 at 6:30 p.m, and from August 18 through August 26 at 12:00 noon. The parties agree that there will be no extended travel during the Father's August period of custody which immediately precedes the beginning of the school year. The Mother shall have a period of vacation custody with the Children from July 29 through August 5. The remainder of the Father's regulaz weekend period of custody shall begin at 12:00 noon on August 6 after the Mother's return from vacation. 7. In the event either party intends to remove the Children from his or her residence for an overnight period of custody or longer, that parent shall notify the other pazent in advance of the address and telephone number where the Children can be contacted. 8. Both parties shall refrain from consuming alcohol or drugs during his or her periods of custody with the Children. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties acknowledge that they have agreed to the terms of this Order for the next year without prejudice to either party in seeking a modification at that time. Either party may file a petition to review the custodial arrangements if no further agreement is reached prior to the end of the 2006- 2007 school year. 10. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of written mutual consent, the terms of this Order shall control. B Edward E. Guido J. cc ~nald T. Kissinger, Esquire -Counsel for Father ~6andra L. Meilton, Esquire -Counsel for Mother ~ .,~~~ ~0~° 0~ 0 ~,,a~; 7",... JOSEPH D. HOLSTON, JR. Plaintiff vs. BRENDA F. HOLSTON Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OS-4478 CNIL 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kathryn Holston May 7, 1993 Mother Joseph Holston January 31, 1997 Mother 2. A custody conciliation conference was held on May 31, 2006, with the following individuals in attendance: The Father, Joseph D. Holston, Jr., with his counsel, Donald T. Kissinger, Esquire, and the Mother, Brenda F. Holston, with her counsel, Sandra L. Meilton, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~~~ Date \~~it'%.an ~ Dawn S. Sunday, Esquire r Custody Conciliator . • r '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR., ) Plaintiff ) v. ) BRENDA F. HOLSTON, ) Defendant ) NO. OS-4478 CIVIL ACTION -LAW IN CUSTODY STIPULATION WHEREAS, Joseph D. Holston, Jr., and Brenda F. Holston, are parties to the above- captioned action in custody initiated by Complaint filed August 29, 2005; WHEREAS, after custody conciliation the Court entered an Order dated January 23, 2006 providing for physical and legal custody of two minor children born of their marriage, and said Order was subsequently vacated and replaced by Order dated June 8, 2006; WHEREAS, said June 8, 2006 Order contemplated review of the custodial arrangements on or before the end of the 2006-2007 school year; and WHEREAS, the parties have reached agreement with regard to the prospective physical and legal custody of said minor children. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, STIPULATE and AGREE as follows: 1. The prior Order of this Court dated June 8, 2006 shall be vacated and replaced with the terms of this Stipulation and any subsequent order entered in conjunction herewith. 2. The Father, Joseph D. Holston, Jr., and the Mother, Brenda F. Holston, shall have shared legal custody of Kathryn A. Holston, born May 7, 1993, and Joseph Holston, born January 31, 1997. 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 this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Children. ~, 4. The Father shall have partial physical custody of the Children as follows: A. During the school year, the Father shall have custody of Kathryn on alternating weekends from Friday at 6:00 p.m. through Sunday at 5:30 p.m. and, during weeks following the Father's weekend periods of custody, on Thursday from 4:30 p.m. unti19:00 p.m. In addition, during weeks preceding the Father's weekend periods of custody, the Father shall have custody of Kathryn on Tuesdays from 6:00 p.m. unti19:00 p.m. During the school year, the Father shall have custody of Joseph on alternating weekends (coinciding with the weekends when the Father has custody of Kathryn) from Thursday at 4:30 p.m. through Sunday at 5:30 p.m. and during the interim weeks from Thursday at 4:30 p.m. through Friday before school or 9:00 a.m., if there is no school. B. During the summer school break, the Father shall have custody of both Children on alternating weekends from Thursday at 4:30 p.m. through Sunday at 5:30 p.m. and during the interim weeks from Thursday at 4:30 p.m. through Friday at 9:00 a.m. C. The summer custody schedule shall begin with the Father's first full alternating weekend (Thursday through Sunday) which falls after the last day of school or the Father's first alternating Thursday through Friday period of custody which falls after the last day of school. D. Father's school year custody shall commence as of the first day of school in the next school year. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: In 2007, the Father shall have custody of the Children on Christmas Eve from 10:00 a.m. until 9:00 p.m., the Mother shall have custody from Christmas Eve at 9:00 p.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 29`h at 6:00 p.m., and the Mother shall have custody from December 29`h at 6:00 p.m. through January 2"d before school or 12:00 noon if there is no school. In subsequent odd-numbered years, the Father shall have custody on Christmas Eve from 10:00 a.m. unti19:00 p.m., the Mother shall have custody from Christmas Eve at 9:00 p.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 29"' at 6:00 p.m., and the Mother shall have custody from December 29"' at 1 ~~ y 6:00 p.m. through January 2°d before school or 12:00 Noon if there is no school. In subsequent even-numbered years, Father shall have custody on Christmas Eve from 10:00 a.m. to 4:00 p.m., the Mother shall have custody from Christmas Eve at 4:00 p.m. through Christmas Day at 1:00 p.m., the Father shall have custody from Christmas Day at 1:00 p.m. through December 29`" at 6:00 p.m., and the Mother shall have custody from December 29`" at 6:00 p.m. through January 2"d before school or 12:00 Noon if there is no school. B. Thanks i~; vine: The Thanksgiving holiday period of custody shall run from Wednesday at 6:00 p.m. through Friday at 12:00 noon. The Mother shall have custody of the Children over Thanksgiving in even numbered years and the Father shall have custody in odd numbered years. C. Easter: In the event Easter falls on the Mother's regular weekend period of custody, the Father shall have custody of the Children on Easter Sunday from 3:00 p.m. until 7:00 p.m. In the event Easter falls on the Father's regular weekend period of custody, the Father's weekend period of custody shall end on Easter Sunday at 3:00 p.m. and the Mother shall have custody for the remainder of Easter Sunday. D. Memorial Dav/Labor Dav: The Memorial Day and Labor Day holiday shall run from 11:00 a.m. unti16:00 p.m. on the Monday holiday. In even numbered years, the Mother shall have custody of the Children on Memorial Day and the Father shall have custody on Labor Day. In odd numbered years, the Father shall have custody of the Children on Memorial Day and the Mother shall have custody on Labor Day. In the event the party having custody of the Children on the Monday holiday also has custody on the immediately preceding weekend, the period of custody shall run continuously without interruption. E. Mother's Day/Father's Dav: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody on Father's Day from 12:00 noon unti16:30 p.m. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. .. ~- ~ b. In 2007, the Father shall have periods of vacation custody with the Children from July 1 b`" at 9:00 a.m. through July 22°d at 5 :30 p.m. and from August 17`" through August 24`" at 6:00 p.m. The parties agree that there will be no extended travel during the Father' August period of custody which immediately precedes the beginning of the school year. The Mother shall have a period of vacation custody with the Children from July 28`" through August 4`". The remainder of the Father's regular weekend period of custody shall begin at 5:00 p.m. on August 4`" after the Mother's return from vacation. In subsequent years, the Father shall have periods of vacation custody with the children for one full week in July and one full week in August. Mother shall have two non-consecutive full weeks of vacation custody in such subsequent years, and neither party shall engage in extended travel with the children during vacation custody periods which immediately precede the beginning of the school year. 7. In the event either party intends to remove the Children from his or her residence for an overnight period of custody or longer, that parent shall notify the other parent in advance of the address and telephone number where the Children can be contacted. 8. Both parties shall refrain from consuming alcohol or drugs during his or her periods of custody with the Children. 9. The parties may modify the provisions of this Stipulation by mutual consent in writing. In the absence of written mutual consent, the terms is Stipulation shall control. ~~ Witness Witness D. Holston, fir. c renda F. Holston Date: April 25, 2007 ~~ C"`t r-a tSl ~~ ~^- C.'S C..+~7 ~1 ~l -Tt ~ t"1 ~'f'1 ~:y ~ c': .~S --~ ., ,_ Y ~,..~ 1 YA 16e~r~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D. HOLSTON, JR., ) Plaintiff ) v. ) BRENDA F. HOLSTON, ) Defendant ) NO. 2005 - 4478 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ~j~ ORDER OF COURT AND NOW, this ~ ° day of ~~ , 2007, the attached Stipulation entered into on Apri125, 2007 by the parties in the above-captioned matter is hereby incorporated into and made an Order of this Court. J. ,~ '~i ~ ~ '; r j ;J' `; ~1 :~( ~x~~~ ~ $ ~,''~ 1 Lii~1~ ~~`~~~~. ~~w '' '"~ _l;i- -i -~ (-i i~