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HomeMy WebLinkAbout00-02149 .. .. " JUSTIN G. STARNER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : CIVIL ACTION - LAW : CUSTODYIVISITATION ; NO. oo-Jltl-q CIVIL TERM v. SKYE A. HALTER ORDER OF COURT AND NOW, Ar,:/ {;IJ. , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before \:JJ).- ,(\ ~\ ~ \{'\rUt.'..+~-4-' the conciliator, at 3'1 tJ MAw $ r ~th...,C!; t~ on the (., tit day of ~1 ,2000, at /'00 o'clock, -f2-.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the cOl1ference. Failure to appear at the conference may provide groundsfor entry of a temporary or permanent order. FOR THE COURT: By: 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Cumberland County Court House, Fourth Floor Carlisle, P A 17013 (717) 240-6200 .'.' - -- - "- j!M~IiI"'iilIlIIl_DIiilidIIIi~lm.tilti..IilI:i1Iitii~~.;.,;.,~ . ...~ " "'"" ," OF -!'., r'!,"iIlPP I 3' G'< r;, l A J". 't. 1\ !. \ II ,). 1.-) Ci 1:'1::;::), ;'l"'" ,"(",U' 'f,fN vl,IL.-l.-.\ 11..1-' ;i...J V..! ~l f PENNSYLVANIA /j-/.J.aJ U-C"~ ~~ ~~ ~ ~/]t::::'t:J ~ ~ ~ ~r Lf"/J.CJ# ~ ~ ~4 ~~...p"Ck " 1lI11 _ ~ ~ ~.,~,L~""_,, _ - -- '. .. '" .. .. . " .- Defendant : IN THE COURT OF COMMON PLEAS OFI : CUMBERLAND COUNTY, PENNSYL V AlfIA : CIVIL ACTION - LAW : CUSTODYNISITATION : NO. OO-;)/q..q CIVIL TERM mSTIN G. STARNER Plaintiff v. SKYE A. HALTER COMPLAINT FOR CUSTODY I. The Plaintiff is Justin G. Starner, residing at 235 Peach Glen Road, Gardners, Penns~lvania, 17324. 2. The Defendant is Skye A. Halter, residing at III George Street, Enola, pennsylvani*, 17025. 3. Plaintiff seeks custody of the following children: NAME RESIDENCE DOB AGE Tyler P. Starner Melorah L. Halter III George Street, Enola, P A 17025 III George Street, Enola, P A 17025 3/19/97 2/1/00 3 years 2 months 4. The children were born out of wedlock. 5. The children are presently in the custody of Skye A. Halter. 6. During their lives, the children have resided with the following persons and at the fo'llowing addresses: NAME Mr. and Mrs. Starner Skye A. Halter ADDRESS 235 Peach Glen Road, Gardners, Pennsylvania, 17324 III George Street, Enola, Pennsylvania, 17025 DATES Birth to 12/99: 12/99 to Pres~nt 7. The mother of the children is Skye A. Halter, currently residing at III George Streej, Enola, Pennsylvania. She is unmarried. 8. The fatlIer of the children is Justin G. Starner, currently residing at 235 Peach Glen Road, Gardners, Pennsylvania. He is unmarried. ~~ ,-, ~ - ~ .. ... < ,. 9. The relationship of the Plaintiff to the children is that offather. , , The Plaintiff curren~ly resides > , with the following persons: Mr. and Mrs. Stamer, Plaintiffs parents. 10. The relationship of the Defendant to the children is that of mother. The Defendanticurrently resides with the following persons: unknown. j , , 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation ; concerning the custody of the children in this or anotller court. 12. Plaintiff has no information of a custody proceeding concerning the children pendibg in a court I of this Commonwealth. i , 13. 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. 14. The best interest and permanent welfare of the children will be served by granting lhe relief requested for the following reasons: , , , I A. A Court Order of custody and structured visitation is desired so that the Plaintiff and the i child may plan their schedules accordingly, and so that misunderstandings and unrnet efpectations regarding custody and visitation can be avoided, and also so that the child is not used ili a manipulative fashion. B. A Court ordered determination of custody is required to avoid continuing c6nflict > between the parties regarding parental responsibility for custody and support. C. Defendant is erratic and poses a threat of harm to the children. For exampl~, on one , occasion in December of 1999, Defendant left for three days, leaving the minor child ~ith Grandparents and Plaintiff without any notification. 15. Each parent whose parental rights to the children have not been terminated and thejperson who i has physical custody of the children have been named as parties to this action. .-^ '.',,- ~,' - ,.., . " ,. ... .. .. , < <, ~ WHEREFORE, Plaintiff requests the Court to grant custody of the children to the Pla~'ntiff subject to structured partial custody by the Defendant, or grant shared custody of the children to the Pl~intiff and i Defendant.. ~ 5{OD Resp c jlY (jmi ed, By: M. Paul Bradfor Esq. Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 Telephone: (717) 258-8558 Supreme Court ill No. 71786 , ,," ". , ,- "~ ~ - ~ A, - . . v VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATE: 3 - J.., 7-~OOCl iJJ~ stin G. Starner ", ""'--< ",_. 'd "~~ ~ ~ JUSTIN G. STARNER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION SKYE A. HALTER Defendant : NO. 00-2149 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 17th day of April, I, Paul Bradford Orr, Esquire, attorney for Justin Starner, Plaintiff in the above-captioned action, hereby swear that I have served a true copy of the Complaint in Custody executed by the Plaintiff in the above-captioned matter, upon the Defendant at her residence at III George Street, Enola, Pennsylvania, 17025 by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. A copy of the return receipt card signed by the Defendant on April 11,2000, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. Paul Bradfor 50 East High Street Carlisle, P A 17013 (717) 258-8558 Supreme Court ID: 71786 Attorney for Plaintiff (ll Date: Lf /11 (ro R9 By: -- ----- ---.- --~--~.~- ~. " 'tl '0 " ~ ~ " ,; ~ o 'tl ~ 'ii. E o ;i SEN[}ER: o Completaijems 1 and/or 2 for additional services. C\)mplefe~Ttems 3, 4a, and 4b. r::J Print your name and address on the reverse of this form so that we can return this i card to you. o Attach this form to the front of the mailpiece, or on the back if I3pace does not permit. . o Write "Return Receipt Requested' on the mailpiece below the article number. o The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: US. SkYE A. /.JALTEe /II GEORGESnzECr EMJ{jl < PI! /70 ~ eeeiv ~t rt}Na1t~Cr- ';A.ddres.s{3e or ent ., - --,.--_._---_:,-~._-------~--_.- "" " 1. 0 Addressee's Address 2. 0 Restricted Delivery 48. Article Number A. O/d J4.q tP 3 g 4b. Service Type o Registered ~Certified o Express Mail 0 Insured o Return Receipt for Merchan~ise 0 COD 7. Date of Delivery -1 ~ ( 8. Addressee's Address (Only if requested and fee is paid) ,,,," 102595-9g..S-0223 Domestic Return Receipt Exhibit A , .. " .~ JJ a 'ij " " a: ~ ~ 10 a: '" ~ ~ ~ .!! " g, .. ~ .. " t- , !~ ~~ '" , J~l. ,.,~~,..,..,~ .."l " ,_...~ -~.... r"" '" . .~ (") c: -oE~ IT)!:F; ~f\' (!)~..._- -<~ - ~:~- ~;.- ( :f;:f__ ,', c'2:, '-Y'J ~- ' -;._1 .........::- , ~ w C) ~::: -~JC'~ ~- "~-! t~l ,0 .,~.. ,~~ -;:~ ;gE; -c- '? ~ ---' ,. ~;1l!!'l~~!!!'?l%1"':'WI~~!"~I~J~}tij~~"'~I!Il!I'mlflWl~llIlIIlI'I~lffl~ JUSTIN G. STARNER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . NO. 00-2149 CIVIL TERM . . . : CIVIL ACTION - LAW SKYE A. HALTER, . . Defendant . CUSTODY . ctIDER OF OOURT AND 1.IDi, this J'3f-.. consideration of the attached and directed as follows: day of "':r't..-l- , 2000, upon Custody Conciliation Report, it is ordered 1. The Father, Justin G. Starner, and the Mother, Skye A. Halter, shall have shared legal custody of Tyler P. Starner, born March 19, 1997, and Melorah L. Halter, born February 1, 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. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the parties' son, Tyler, on alternating weeks from Thursday at 7:00 p.m. through Saturday at 8:00 p.m., beginning Thursday, June 15, 2000. During weeks following the Father's extended Thursday through Saturday periods of custody, the Father shall have custody of both Children, Tyler and Melorah, on Wednesday from 8:15 a.m. through 5:15 p.m. As the parties' daughter gets older and develops a close bond with the Father, the parties shall continue to discuss expansion of periods of custody for the Father with Melorah. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Children in Segment A in odd numbered years and during Segment B in even numbered years. B. NEW YEARS: In even numbered years, the Mother shall have custody of the Children from New Years Eve at 10:00 a.m. through New Years Day. In odd numbered years, the Father , ~~, - , ' shall have custody of the Children from New Years Eve at 10:00 a.m. through New Years Day at 10:00 a.m. and the Mother shall have custody of the Children on New Years Day beginning at 10:00 a.m. For purposes of this paragraph, the entire New Years holiday shall be deemed to fall in the year in which New Years Eve falls. C. EASTER: In every year, the Mother shall have custody of the Children on Easter Sunday until 4:00 p.m. and the Father shall have custody beginning on Easter Sunday at 4:00 p.m. through the following Monday at 10:00 a.m. D. THANKSGIVING: In every year, the Mother shall have custody of the Children on Thanksgiving Day until 6:00 p.m. and the Father shall have custody every year from 4:00 p.m. on Thanksgiving Day through the following Friday at 10:00 a.m. E. MEMORIAL DAY/LABOR DAY: The Mother shall have custody of the Children every year on Memorial Day and the Father shall have custody of the Children every year on Labor Day, with the specific times to be arranged by agreement of the parties. F. JULY 4th: The parties shall alternate having custody of the Children on July 4th each year, with the specific times and alternating schedule to be arranged by agreement of the parties. G. MOrBER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father I s Day at times to be arranged by agreement of the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Children for up to 2 weeks each year upon providing at least 30 days advance notice to the other party. The parties shall not schedule periods of custody under this provisipn to interfere with the other party's holiday periods of custody unless otherwise agreed between the parties. 6. with the exception of the Father's alternating Wednesday periods of custody, all exchanges of custody shall take place at the Giant grocery store in Carlisle. The exchanges of custody on alternating Wednesdays shall take place at the Mother's place of employment (EDS) in the Rossmoyne Business Campus in Mechanicsburg. 7. Neither party shall use illegal drugs or consume alcohol to excess during his or her periods of custody. The parties shall ensure that third parties having contact with the Children also comply with this provision. 8. Each party shall ensure that the other party has his or her current address and telephone number. 9. Neither party shall do or say anything which may estrange the Children fran the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact with the Children canply with this provision. 10. 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. jj ~-;;L "1Ks cc: Gregory Cutler, Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother I', , , dAt......" iflliil__"iIii_~iiIiiIIiiiiWl~'~IL<J,:~~1U!II bli' ",;j ~,' --<~t~- ~<' --. -'j r\\ec:t," ?ro\~Df\,)to.y ()\'\<L~ ~ -14- 00 ,~, - ~ ~. ~- . " ,~ -. j ~,~.. . , ~ JUSTIN G. STARNER, : IN THE OOURT OF OOMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. : NO. 00-2149 CIVIL TERM : : CIVIL ACTION - LAW SKYE A. HALTER, : Defendant : CUSTODY CUSTODY CU'lCILIATICI'l SUMMARY REPWT IN ACCORDANCE WITH CUMBERLAND CXXlN'l.'Y 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 Tyler P. Starner Melorah L. Halter March 19, 1997 February 1, 2000 Mother Mother 2. A Conciliation Conference was held on June 6, 2000, with the following individuals in attendance: The Father, Justin G. Starner, with his counsel, Gregory Cutler, Esquire, and the Mother, Skye A. Halter, with her counsel, Joan Carey, Esquire and Jason McNicholl, Legal Intern. 3. The parties agreed to entry of an Order in the form as attached. ~~ Date f?- ~n I Da~~ Custody COnciliator - . ~- .,^ , "~ I' . JUSTIN G. STARNER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. SKYE A. HALTER : NO. 2000-2149 CML TERM : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 26TH day of MARCH, 2001, after a conference call with counsel for the parties, this matter is referred to the conciliator. In the interim, our prior order of June 13, 2000, shall remain in full force and effect. Gregory Cutler, Esquire For the Petitioner Edward E. Guido, J. . ""~ ~'O.J;~ Joan Carey, Esquire For the Respondent Court Administrator :sld '.' --",,,. .p= JUSTIN G. STARNER, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA \ v. : No. 00-2149 SKYE A. HALTER, Respondent : CIVIL ACTION : CUSTODY -LAW ORDER OF COURT AND NOW, this day of ,2001, upon consideration of Petitioner's Petition for Emergency Relief, it is hereby Ordered and Decreed that temporary primary physical custody of the parties' minor children, Tyler P. Starner, DOB March 19, 1997, and Melorah L. Halter, DOB, February 1,2000, shall be with father pending scheduling of a conference, hearing, or trial on the matter. BY THE COURT: Edward E. Guido, J. - - JUSTIN G. STARNER, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA o v. : No. 00-2149 SKYE A. HALTER, Respondent : CIVIL ACTION : CUSTODY -LAW PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, by and through his attorneys, The Law Offices of Paul Bradford Orr and avers the following in support of this Petition for Emergency Relief: I. The Petitioner, Justin G. Starner, is an adult individual who currently resides at 22 I Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The Respondent, Skye A. Halter, is an adult individual whose address is currently unknown. 3. There are two dependent children of the parties, namely Tyler P. Starner, date of birth: March 19, 1997, and Melorah L. Halter, date of birth: February 1, 2000. 4. Plaintiff seeks custody of the following children: NAME RESIDENCE DOB AGE Tyler P. Starner Melorah L. Halter 235 Peach Glen Road, Gardners 235 Peach Glen Road, Gardners 3/19/97 2/1100 4 years I year 5. The children were born out of wedlock. 6. The children are presently in the custody of Petitioner IF ather. 7. The mother ofthe children is Skye A. Halter, address unknown. She is unmarried. '''",.",., , - "'~ c ~, .. - 8. The father of the children is Justin G. Starner, currently residing at 235 Peach Glen Road, Gardners, Pennsylvania. He is married. 9. The relationship of the Petitioner to the children is that of father. The Petitioner currently resides with the following persons: His wife, and two children. 10. The relationship ofthe Respondent to the children is that of mother. The Respondent currently resides with the following persons: unknown. 11. On June 13, 2000, upon consideration of the parties consent agreement, a Custody Order was entered in the above-captioned matter granting PetitionerlFather and Respondent/Mother shared legal custody and Respondent/Mother primary physical custody with periods of partial physical custody of the parties' minor children to Petitioner. (See Attached and marked as Petitioner's Exhibit "A") 12. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. PETITION FOR EMERGENCY RELIEF - REOUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY 13. Paragraphs one (I) through (12) are hereby incorporated be reference as though fully set forth. 15. Petitioner believes the children do not have proper housing, or care and control, and, may be in danger if custody is not immediately temporarily transferred to him for the following reasons: (a) On or about March 14,2001, minor child, Melorah L. Halter was attacked by '-~I. ^, , , .' Respondent'slMother's boyfriend's dog (Rottweiler/Boxer Mix), in which she suffered injuries. This attack occurred while minor child was in the custody of Respondent/Mother, Skye A. Halter. It is not known where the Respondent/Mother was at the time. The Petitioner/Father believes that the Respondent/Mother did not seek medical care for the minor child. The PetitionerlFather and his wife were forced to take the minor child to the doctor for treatment. (b) According to Order of Court dated June 13, 2000, both parties must have a current address and telephone number. Respondent/Mother has moved her primary residence numerous times, and currently, an address is not known; ( c) On numerous occasions, both minor children have been returned to Petitioner/Father in a dirty condition to include: dried food on their mouths, diapers left unattended that have had urine and dried feces on them; (d) On numerous occasions, specifically, January 13,2001, and February 15,2001, minor child, Tyler P. Starner was returned to PetitionerlFather without the proper clothing in cold weather conditions, to include no shoes or socks being worn at the time of the exchange of custody; (e) It is believed by PetitionerlFather that Respondent/Mother has been using drugs on occasion which is in violation ofthe June 13,2000 Court Order, which states that neither parties are to consume excess alcohol or drugs during periods of custody; (f) On or about January 12,2001 thru January 23,2001, Mother/Respondent, failed to exercise her custody rights in that she left both minor children with Father/Respondent; ." (g) Mother/Respondent is no longer employed by EDS. Additionally, Petitioner/Respondent believes that Mother/Respondent is not currently employed and therefore does not have the means to financially care for the minor children. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting him primary physical custody of his children pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully submitted, LAW OFFICES OF PAUL BRADFORD ORR Dated: '3/~/ Grego / utler, Esquire Attorney for Petitioner 50 East High Street Carlisle, P A 17013 (717) 258-8558 Supreme Court ID No. 73471 - ~". -. I VERIFICATION I, Justin Starner, hereby verifY that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 3 - ), 0 - a I ~~~ J tin Starner, Petitioner p "" , ..... ..". ~ -15- JUSTIN G. STARNER, Plaintiff : IN THE CDURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-2149 CIVIL TERM . . : CIVIL ACTION - LAW SKYE A. HALTER, Defendant . . : CUSTODY fiLE COpy I - --_.~._----_. -_._--~ ORDER OF CXXJRT AND tuf, this /3"'" day of ~~( ~ consideration of the attached Custody Conciliabon and directed as follows: , 2000, upon Report, it is ordered 1. The Father, Justin G. Starner, and the Mother, Skye A. Halter, shall have shared legal custody of Tyler P. Starner, born March 19, 1997, and Melorah L. Halter, born February 1, 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~$l religion. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial .physical custody of the parties' son, Tyler, on alternating weeks from Thursday at 7:00 p.m. through Saturday at 8:00 p.m., beginning Thursday, June 15, 2000. During weeks following the Father's extended Thursday through Saturday periodS of custody, the Father shall have custody of both Children, Tyler and Melorah, on Wednesday from 8:15 a.m. through 5:15 p.m. As the parties' daughter gets older and develops a close bond with the Father, the parties shall continue to discuss expansion of periods of custody for the Father with Melorah. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CBRISreMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment B ~c in odd numbered years. The Father shall have custody of the Children in Segment A in odd numbered years and during Segment B in even numbered years. B. NEW YEARS: In even numbered years, the Mother shall have custody of the Children from New Years Eve at 10:00 a.m. through New Years Day. In odd numbered years, the Father Exhibit "A" ,Ulf'IiI'ftI. ".,. -~" , ~ 0..," shall have custody of the Children from New Years Eve at 10:00 a.m. through New Years Day at 10:00 a.m. and the Mother shall - ~~ have custody of the Children on New Years Day beginning at 10:00 a.m. For purposes of this paragraph, the entire New Years holiday shall be deemed to fall in the year in which New Years Eve falls. > c. EASTER: In every year, the Mother shall have custody of the Children on Easter Sunday until 4:00 p.m. and the Father shall have custody beginning on Easter sunday at 4:00 p.m. through the fOllowing Monday at 10:00 a.m. D. TBANKSGIVING: In every year, the Mother shall have custody of the Children on Thanksgiving Day until 6:00 p.m. and the Father shall have custody every year from 4:00 p.m. on Thanksgiving Day through the following Friday at 10:00 a.m. E. MEH1UAL DAY/LABOR. DAY: The Mother shall have custody of the Children every year on Memorial Day and the Father shall have custody of the Children every year on Labor Day, with the specific times to be arranged by agreement of the parties. F. JlJLY 4th: The parties shall alternate having custody of the Children on July 4th each year, with the specific times and ~_alternating schedule to be arranged by agreement of the -parties. G. fou~'WSI.<'S DAY/FATBER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day at times to be arranged by agreement of the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Children for up to 2 weeks each year upon providing at least 30. days advance notice to the other party. The parties shall not schedule periodS of custody under this provision to interfere with the other party's holiday periods of custody unless otherwise agreed between the parties. 6. with the exception of the Father's alternating Wednesday periods of custody, all exchanges of custody shall take place at the Giant grocery store in Carlisle. The exchanges of custody on alternating Wednesdays shall take place at the Mother's place of employment (EOO) in the Rossmoyne Business Campus in Mechanicsburg. 7. -Neither party shall use illegal drugs or consume alcohol to excess during his or her periods of custody.' The parties shall ensure that third parties having contact with the Children also comply with this provision. 8. Each party shall ensure that the other party has his or her current address and telephone number. !-. -", - - ~ - ..""'" . . -, o' ~ ~. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children'aJ.o.ve and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact with the Children comply with this provision. 10. '!his 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 CXlURT, IS/ dJ1J11A) t wi,JnJ. cc: Gregory Cutler, Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother nUl!: C1PY fROM RECORD In Testimony v/hereof, I here unto set my hand and the sea1f said court~arIiSle, Pa. Th' I I ......... ...... ~f....; .1J..M. .e.,PfI. . ... " . .. .., rothonofary "'-.---". JUSTIN G. STARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-2149 CIVIL TERM : : CIVIL ACTION - LAW SKYE A. HALTER, : Defendant : CUSTODY CUSTODY CCI.'lCILIATlOO' SUMMl\RY REI?ClRT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEOORE 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 OJRRFNl'LY IN CUSTODY OF Tyler P. Starner Melorah L. Halter March 19, 1997 February 1, 2000 Mother Mother 2. A Conciliation Conference was held on June 6, 2000, with the following individuals in attendance: The Father, Justin G. Starner, with his counsel, Gregory CUtler, Esquire, and the Mother, Skye A. Halter, with her counsel, Joan Carey, Esquire and Jason McNicholl, Legal Intern. 3. The parties agreed to entry of an Order in the form as attached. JrVll. e Date f?- ()eon , t2u~ Dawn S. Sunday, Esquire CUstody Conciliator ,.- ,~, ".,~,., , - '~I''''''''I" ~ ..,;, .,- I I' C",," h..,- ""'-"'^ <on ~ ~v ""~ I'~ . "~"~' _ ., ". F~'.'~r.~o,.p_" ., . . 0 (~ ~;:~ c: S :~ .J -or.::.' "';1''" i::':, -'''-' rn n') ,";-:;1 t;5- 'v CJ f': C) r:::c,' ."1":\ _.-,.-~ ~y, ~- ;~~fT~ :,.-". ----" ~.. z~' .,~u yc: S Z -~.n :::: :.:0 (i"' -< .-== l\'!!Pi~~~,;q!l!~~,~~!III!lIIRIJ~lfttllll'!lR~I\\l;~~ "'. , .,.' JUSTIN G. STARNER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SKYE A. HALTER : NO. 2000-2149 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 26TH day of MARCH, 2001, after a conference call with counsel for the parties, this matter is referred to the conciliator. In the interim, our prior order of June 13,2000, shall remain in full force and effect. Edward E. Guido, J. Gregory Cutler, Esquire For the Petitioner Joan Carey, Esquire For the Respondent Court Administrator :sld .J - ^ " 1\ "'. d . lI"RlI~~..-." ~1Bl"'", ~ "' -", -, ~-. "~r- - I ~ 0 -" "-' ..'l! 'C' r1!"J'l'I'1!P~~'Mi~~~~Fl';""'W;,,,",,,,"";:jI:W!ll!;,!ij~~"i~-LI~fi!lm!l!'~!Qt\~~~~i!\~liL.l'li!\itll~Ii . . ~''WfflIII ", JUSTIN G. STARNER, Petitioner v. SKYE A. HALTER, Respondent c_ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA : No. 00-2149 : CIVIL ACTiON : CUSTODY -LAW ORDER OF COURT AND NOW, this day of ,2001, upon consideration of Petitioner's Petition for Emergency Relief, it is hereby Ordered and Decreed that temporary PrUnary physical custody of the parties' minor children, Tyler P. Stamer, DOB March 19, 1997, and Melorah L. Halter, DOB, February 1,2000, shall be with father pending scheduling of a conference, hearing, or trial on the matter. / , ~ ~ BY THE COURT: Edward E. Guido, J. JUSTIN G. STARNER, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-2149 SKYE A. HALTER, Respondent : CIVIL ACTION : CUSTODY -LAW PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, by and through his attorneys, The Law Offices of Paul Bradford Orr and avers the following in support of this Petition for Emergency Relief: 1. The Petitioner, Justin G. Starner, is an adult individual who currently resides at 221 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The Respondent, Skye A. Halter, is an adult individual whose address is currently unknown. 3. There are two dependent children of the parties, namely Tyler P. Starner, date of birth: March 19, 1997, and Melorah L. Halter, date of birth: February 1,2000. 4. Plaintiff seeks custody of the following children: NAME RESIDENCE DOB AGE Tyler P. Starner Melorah L. Halter 235 Peach Glen Road, Gardners 235 Peach Glen Road, Gardners 3/19/97 2/1/00 4 years 1 year 5. The children were born out of wedlock. 6. The children are presently in the custody of Petitioner/Father. 7. The mother of the children is Skye A. Halter, address unknown. She is unmarried. 8. The father of the children is Justin G. Starner, currently residing at 235 Peach Glen Road, Gardners, Pennsylvania. He is married. .:..----- 9. The relationship of the Petitioner to the children is that offather. The Petitioner currently resides with the following persons: His wife, and two children. 10. The relationship of the Respondent to the children is that of mother. The Respondent currently resides with the following persons: unknown. 11. On June 13, 2000, upon consideration of the parties consent agreement, a Custody Order was entered in the above-captioned matter granting PetitionerlFather and Respondent/Mother shared legal custody and Respondent/Mother primary physical custody with periods of partial physical custody of the parties' minor children to Petitioner. (See Attached and marked as Petitioner's Exhibit "A") 12. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. PETITION FOR EMERGENCY RELIEF - REOUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY 13. Paragraphs one (1) through (12) are hereby incorporated be reference as though fully set forth. 15. Petitioner believes the children do not have proper housing, or care and control, and, may be in danger if custody is not immediately temporarily transferred to him for the following reasons: (a) On or about March 14,2001, minor child, Melorah L. Halter was attacked by -", "- , ~, Respondent'slMother's boyfriend's dog (Rottweiler/Boxer Mix), in which she suffered injuries. This attack occurred while minor child was in the custody of Respondent/Mother, Skye A. Halter. It is not known where the Respondent/Mother was at the time. The PeiftionerIFather believes that the Respondent/Mother did not seek medical care for the minor child. The PetitionerlFather and his wife were forced to take the minor child to the doctor for treatment. (b) According to Order of Court dated June 13, 2000, both parties must have a current address and telephone number. Respondent/Mother has moved her primary residence numerous times, and currently, an address is not known; (c) On numerous occasions, both minor children have been returned to PetitionerlFather in a dirty condition to include: dried food on their mouths, diapers left unattended that have had urine and dried feces on them; (d) On numerous occasions, specifically, January 13, 2001, and FebtUllI}' 15, 2001, minor child, Tyler P. Stamer was returned to PetitionerlFather without the proper clothing in cold weather conditions, to include no shoes or socks being worn at the time of the exchange of custody; (e) It is believed by Petitioner/Father that Respondent/Mother has been using drugs on occasion which is in violation ofthe June 13,2000 Court Order, which states that neither parties are to consume excess alcohol or drugs during periods of custody; (t) On or about January 12, 2001 thru January 23,2001, Mother/Respondent, failed to exercise her custody rights in that she left both minor children with Father/Respondent; c_ -~ .- .u, - - "'",,,,,,,,,,",- ~- '. (g) Mother/Respondent is no longer employed by EDS. Additionally, Petitioner/Respondent believes that Mother/Respondent is not currently employed and therefore . does not have the means to financially care for the minor children. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting him primary physical custody of his children pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully submitted, LAW OFFICES OF PAUL BRADFORD ORR Dated: 3/~/ Grego utler, Esquire Attorney for Petitioner 50 East High Street Carlisle, P A 17013 (717) 258-8558 Supreme Court ID No. 73471 VERIFICATION I, Justin Starner, hereby verifY that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 3 - ). 0 - (J I ~~~ J tin Starner, Petitioner / '-~" >,~1"t'"" c _ ,.'. ~. , '-. ~ - 5- JUSTIN G. STARNER, Plaintiff : IN THE OOURT OF CXlMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 00-2149 CIVIL TERM . . : CIVIL ACTION - LAW SKYE A. HALTER, Defendant . . : CUSTODY fiLE COpy , ----..-.-.-...------- ---- ".-' '-- ClUlER OF <DJRT AND lOf, this 13'"' day of .:l.U.~~~ consideration of the attached CUstody Concil1atlon and directed as follows: , 2000, upon Report, it is ordered 1. '!he Father, Justin G. Starner, and the Mother, Skye A. Halter, shall have shared legal custody of Tyler P. Starner, born March 19, 1997, arid Melorah L. Halter, bori1 February I, 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, educati9tl~ religion. 2. '!he Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the parties' son, Tyler, on alternating weeks from Thursday at 7:00 p.m. through Saturday -at 8:00 p.m., beginning Thursday, June IS, 2000. During weeks following the Father's extended '!hursday through Saturday periods of custody, the Father shall have custody of both Children, Tyler and Melorah, on Wednesday fran 8:15 a.m. through 5:15 p.m. As the parties"--daUghter gets older and develope a close bond with the Father, the parties shall continue to discuss expansion of periods of custody for the Father with Melorah. 4. '!he parties shall share or alternate having custody of the Children on holidays as follows: A. CBlUS'.l'MAS: '!he Christmas holiday shall be divided into Segment A, which shall run fran Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run fran Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment B -" in odd numbered years. The Father shall have custody of the Children in Segment A in odd numbered years and during Segment B in even numbered years. B. NBIf YEARS: In even numbered years, the Mother shall have custody of the Children fran New Years Eve at 10:00 a.m. through New Years Day. In odd numbered years, the Father .:..------- - - Exhibit "A" ~- , 'f . ~. shall have custody of the Children from New Years Eve at 10:00 a.m. through New Years Day at 10:00 a.m. arid the Mother shall ~c have custody of the Children on New Years Day begiMing at 10:00 a.m. For purposes of this paragraph, the ~~re New Years holiday shall be deemed to fall in the year in which New Years Eve falls. c. EAS.I!BR: In every year I the Mother shall have custody of the Children on Easter Sunday until 4:00 p.m. arid the Father shall have custody begiMing on Easter sunday at 4:00 p.m. through the following Monday at 10:00 a.m. D. TBANKSGrVING: In every year, the Mother shall have custody of the Children on Thanksgiving Day until 6:00 p.m. arid the Father shall have custody every year from 4:00 p.m. on Thanksgiving Day through the following Friday at 10:00 a.m. E. MBI'DUAL mY/LABCE DAY: The Mother shall have custody of the Children every year on Memorial Day arid the Father shall have custody of the. Children every year on Labor Day, with the specific times to be arranged by agreement of the parties. F. .-roty 4th: The parties shall alternate having custody of Children on July 4th each year, with the specific times ~_ alternating schedule to be arranged by agreement of parties. the and the .:.-..-.-- - G. PJ()~_'S DAY/FM.'BBR'S mY: The Mother shall have custody of the Children every year on Mother's Day arid the Father shall have custody of the Children every year on Father's Day at times to be arranged by agreement of the parties. H. 1be holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Children for up to 2 weeks each year upon providing at least 30 days advance notice to the other party. The parties shall not schedule periods of custody under this provision to interfere with the other party's holiday periods of custody unless otherwise agreed between the parties. 6. With the exception of the Father's alternating wednesday periods of CUEltody, all exchanges of custody shall take place at the Giant grocery store in carlisle. The exchanges of custody on alternating Wednesdays shall take place at the Mother's place of employment (EDS) in the Rossmoyne Business Campus in Mechanicsburg. 7. .~elther party shall use illegal drugs or consume alcohol to excess during his or her periods of custody.' The parties shall ensure ~rd parties having contact with the Children also comply with this provision. 8. Each party shall ensure that the other party has his or her current address and telephone number. .,~,~t'" .i'" ~~ ~ ,,.,..-~,,,. ',~ . .'. .. .~. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's......lo.ve and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact with the Children comply with this provision. 10. '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, /5/ dJ1J()AJ t wL,JIJJ. . . CC: Gregory CUtler, Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother -~ ." . - . .' iJI .' JUSTIN G. STARNER, Plaintiff : IN THE OOURT OF OOMMOO PLEAS OF : CUMBERLAND CCXlNTY, PENNSYI. VANIA . . VB. : NO. 00-2149 CIVIL TERM : : CIVIL ACTIOO - LAW SKYE A. HALTER, Defendant ~ ..---: . . : CUSTODY c_ ~'.I.\1)~ ~ Sl'JMMARY REE'OO.T IN ACCXIUlANCB W1'1'8 ~ COON'J.'lf' ROLE OF CIVIL ~ 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 aJRRI!Nl'Ly IN Cuo:.'J.UJ%' 011' Tyler P. Starner Melorah L. Halter March 19, 1997 February 1, 2000 Mother Mother 2. A 'Conciliatioo Conference was held on 'June 6, 2000, with the following'individuals in attendanC:e: nte Father, Justin G. Starner, with his counsel, Gregory CUtler, Esqu;re, and the Mother, Skye A. Halt~~ith her counsel, Joan carey, Esquire ~d Jason McNicholl, Legal Intern. 3. nte parties agreed to entllY of an order in the fotm as attached. Date Ju-.~ IJCiu~,~ Dawn S. Sunday, Esquire CUstody Conciliator f?- :kJnl'J , ---: " ~ O~ ~~ mSTIN G. STARNER PLAINTIFF V. SKYE A. HALTER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2149 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, Juue 14, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Suuday, Esq. , the conciliator, at 39WestMaiu Street, Mechauicsburg, PA 17055 on Thursday, July05,2001 at 10:00 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 defme 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 honrs prior to schednled hearing. FOR THE COURT, By: Isl Dawn S. Sunday. Esq. [)1AA 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 HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 :I~", M&I~ .1__lIiIlllliilllhiiliIWlliliHlt-Hl"~~ll\Olilli<li!l.~d..~~I.~ll8iilI!il!IiOilIl'- -,-. -.-. ~. (;, -/'6' -CJI ~ /!f't?/ ~ "/t'""/)I -1'" .=~"~ ~"- ~_...-,"~~.,,-,. r).!i;-fAFIY .-.' 1"11 10 U') ,,,UI\ 'j 1':.'\; "). I ? ; I (,.' J~ CUtviiJf:.:iLh00 COUNTY PENNSYLVANIA M-~~~4-~ ~~~a#~ ~~$ca;-~ - ..~ ~.~,. ,. I"~"",-.. "., '.-,,--..,..y-~ ' , ,,~ I,~ " J,,~- . ""-'-' ~ " '." .>C, ,. ~,,,_ JUSTIN G. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-2149 CIVIL ACTION LAW SKYE A. HALTER, Defendant IN CUSTODY I\UG1S~ 2001, Report, ORDER OF COURT AND NOW, this / (. ~ day of upon consideration of the attached it is ordered and directed as follows: ~ Custody Conciliation 1. The prior Order of this Court dated June 13, 2000 is vacated and replaced with this Order. 2. The Father, Justin G. Starner, and the Mother, Skye A. Halter, shall have shared legal custody of Tyler P. Starner, born March 19, 1997, and Melorah L. Halter, born February 1, 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. 3. The Mother shall have primary physical custody of the Children. 4. Beginning Friday, August 3, 2001, the Father shall have partial physical custody of the Children during alternating weeks from Friday at 5: 00 p.m. through the following Wednesday when the Father shall transport the Children to the Mother's residence before work between 7:15 and 7:30 a.m. On the Mondays and Tuesdays when the Father works during his periods of custody under this provision, the Father shall transport the Children to the Mother's residence in the morning before work between 7:15 and 7:30 a.m. and the Father shall pick up the Children at the Mother's residence after work between 5: 00 and 5: 15 p.m. The Mother shall transfer custody of the Children to the Father at the Giant grocery store in Carlisle on the alternating Fridays at 5:00 p.m. All other custody exchanges under this Order shall take place at the .,]:"'jl'<I. "~ - T ' _~~o . .'" AlNn~4~V/~lA,,, ,et,J,f~~;j "'- .. ." ""''^'n'"' "-' . .L.'-':";i-.'JYV V 9'1 . u :C }Id L i :J[)H In ~ fJ Irrh"jt-. AO'it..L.Ur,,::-'i'.._": I .,':'1: ':~>'<~,~! ::JJ:::~u'<)...ni-! ~" ...."-, ". 0'= ^ , _,~"""'.",_,'_'*~ '~1 ='~~"~~_'A~1"'_ T , - ~ 1- .- -. '"c" .,-,. ^ -.' "~" ~ " - ~.. .-, ~~~~'~~ii'l"""_"'1- !!l!JI~Iii!!liI!RftJ!~!iDI'f~lq~~~.~~f ~ Mother's residence, unless otherwise agreed between the parties. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12: 00 noon through Christmas Day at 12: 00 noon, and Segment B, which shall run from Christmas Day at 12: 00 noon through December 26 at 12: 00 noon. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Children in Segment A in odd numbered years and during Segment B in even numbered years. B. NEW YEARS: In even numbered years, the Mother shall have custody of the Children from New Years Eve at 10: 00 a. m. through New Years Day. In odd numbered years, the Father shall have custody of the Children from New Years Eve at 10:00 a.m. through New Years Day at 10: 00 a. m. and the Mother shall have custody of the Children on New Years Day beginning at 10: 00 a.m. For purposes of this paragraph, the entire New Years holiday shall be deemed to fall in the year in which New Years Eve falls. C. EASTER: In every year, the Mother shall have custody of the Children on Easter Sunday until 4:00 p.m. and the Father shall have custody beginning on Easter Sunday at 4: 00 p. m. through the following Monday at 10:00 a.m. D. THANKSGIVING: In every year, the Mother shall have custody of the Children on Thanksgiving Day until 5: 00 p. m. and the Father shall have custody every year from 5: 00 p. m. on Thanksgiving Day through the following Friday at 10:00 a.m. -"..,. . - ~. ~ E. MEMORIAL DAY/LABOR DAY: The Mother shall have custody of the Children every year on Memorial Day and the Father shall have custody of the Children every year on Labor Day, with the specific times to be arranged by agreement of the parties. F. JULY 4TH: The parties shall alternate having custody of the Children on July 4th each year, with the specific times and alternating schedule to be arranged by agreement of the parties. G. MOTHER'S DAY /FATHER' S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day at times to be arranged by agreement of the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Each party shall be entitled to have custody of the Children for up to 2 weeks each year upon providing at least 30 days advance notice to the other party. The parties shall not schedule periods of custody under this provision to interfere with the other party's holiday periods of custody unless otherwise agreed between the parties. 7. Each party shall ensure that the other party has his or her current address and telephone number. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact with the Children comply with this provision. 9. 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. Edward E. Guido, ~ ~~ J. Cc: Paul B. Orr, Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother JUSTIN G. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2149 CIVIL ACTION LAW SKYE A. HALTER, Defendant 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 ofthis litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler P. Starner Melorah L. Halter March 19,1997 February 1,2000 Mother Mother 2. The Conciliation Conference was held on August 1, 2001, with the following individuals in attendance: The Father, Justin G. Starner, with his counsel, Paul B. Orr, Esquire, and the Mother, Skye A. Halter, with her counsel, Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ Dawn S. Sunday, Esquire ~ Hu YU/~ DATE 8 '7. cko/ , 1- ._, , "': ,,-'" mSTIN G. STARNER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 00-2149 CIVIL ACTION LAW SKYE A. HALTER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, January 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 19, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an efTort 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 hearin~. FOR THE COURT. By: Isl Hubert X. Gilroy, 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 accommoillttions 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 7", -~ ~ " m,ili~ilu-.~ilitlltl.lllj~.ilI!iI"lbk.ll!l;/l;lk<W!ijllilili1lilli!l~Wli:ii>!_lI1iI~1l\>,,,,,\i;Olll&;I"':~'I~~''''''''I'l~'-~, -~li~ ,. """"'~~~'"""-""....1l>>iW" ~ ~<_ ~ ,_"".",_l..."",.~~" ~.~~~ II I i j~ .?tW jc23 CJt( / ~3 O'/" - _.1, OF FiLED~Oi:pN: 'f! ,,- iT ... II""L ,n!.: Jr~O I L",lrt\!'~'tl\O'\- 'I ,,~II 'i'-.. :,"'" I' 70011 J "I"" ... I;, ",' "'\ " 1-,1' (~.:J hi :i: C;7 .... ~; t :..'~)...Jr'{IY dd.~~$4~ 5tt~~ ,~~ . ~~o4U #..Y&/~~. ~ -".'" ~" - "., , ,o~p ,..I , ~ , ,""~-- 0". HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 M SOUTH PITT STREET CARLISLE PA 17013 (717) 243-11090 ATTORNEY FOR PLAINTIFF iflJi- JAN 1 5 2004 \J ~ .JUSTIN G. STARNER, Plaintiff ; IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA v. ; CIVIL ACTION. LAW Defendant ; NO. 00. 2149 CIVIL TERM ; IN CUSTODY SKYE A. HALTER, ORDER OF COURT NOW, this day of January, 2004, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, the conciliator, on the 4th Floor, Cumberland County Courthouse, on the day of , 2004, at . M. for a Pre- Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Ii".. . ,,' ~,."" '-,'--," .c",,"'''''' '.< __'"'_,",_'-T__, '; _,,"~,,". ", 7-_-f~,r>--_,._e ,/ - - """"" . ",," -- _ ~ ,<. ,__, -, ~"__ _.< " _'._ 0 " .JUSTIN G. STARNER, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA Y. I CIVIL ACTION - LAW Defendant I NO. 00.2149 CIVIL TERM I IN CUSTODY SKYE A. HALTER, PETITION FOR MODIFICATION OF CUSTODY NOW comes the defendant, SKYE A. HALTER, by her attorney, Harold S. Irwin, III, Esquire, and presents the following petition for custody modification, representing as follows: 1. The plaintiff is JUSTIN G. STARNER, an adult individual residing at 1245 Goodyear Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The defendant is SKYE A. HALTER, an adult individual residing at 49 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of two minor children, namely Tyler P. Starner (born March 19, 1997, age 6 years) and Melorah L. Halter (born February 1, 2000, age 3 years). 4. Tyler resided with both parties from the time of his birth until the parties' separation, and with the defendant since that time. Melorah has lived with the defendant since the time of her birth 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the existing Order filed to this term and number. "/.:/,-~_-_~~'_--'. ",'0',' _,,~,:,--_'':T'''--f,'T-'-'"'-'2:'''''_-_''_ .-,~"q" 'N_'''_'',,_~U,''''-;' - ,".";':.', "., . , '. '"'.,,,. ---,-_~., _~_1.._ ., _ ,0"',"""_ , 6. 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. 7. The parties are subject to an Order of Court, dated August 16, 2001, a copy of which is attached hereto as Exhibit "A". 8. Defendant believes and therefore avers that the best interests and permanent welfare of the children require that the custody arrangement be modified, providing that the parties continue to enjoy joint legal custody of the children and that defendant have primary physical custody, but that the plaintiff's periods of temporary physical custody be modified in accordance with a schedule and under certain conditions which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid. HAROLD S. IRWIN, II Attorney for plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court 1.0. No. 29920 January 14, 2004 VERI!FICATION I do hereby verify that the acts set forth in this petition 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. vlItNUJ~(I/l~~4- ~I~ SKYE A HALTER '''''"-'',', "',- _,,~ ~_ ,-,,-','C c__, H _ .,~~~_'n'"_ _'/,,'","", _ ~_, '!","_,~"{ ~.". ",~'---"'- , --'--7---,"-'~_"^-"-'-' . ""." p, ',," _.__,", c.~ EXHIBIT "A" r\''=":',,'"'' , .'. -., ,.,," --. - _~".., ~, _ ,--'. -,"'" ,~, -~"!,'-"n"_-,'_"',,,, , ~ _ ,-, ", - ~--,- . "- __ -.' . _,_C"._'~ _ . , , JUSTIN G. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-2149 CIVIL ACTION LAW SKYE A. HALTER, Defendant IN CUSTODY ORDER OF COURT /l+h day of attached follows: t 2001, Report, AND NOW, this upon consideration of the it is ordered and directed as Conciliation 1. The prior Order of this Court dated June 13, 2000 is vacated and replaced with this Order. 2. The Father, Justin G. Starner, and the Mother, Skye A. Halter, shall have shared legal custody of Tyler P. Starner, born March 19, 1997, and Melorah L. Halter, born February 1, 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. 3. The Mother shall have primary physical custody of the Children. 4. Beginning Friday, August 3, 2001, the Father shall have partial physical custody of the Children during alternating weeks from Friday at 5:00 p.m. through the following vlednesday when the Father shall transport the Children to the Mother's residence before work between 7: 15 and 7: 30 a. m. On the Mondays and Tuesdays when the Father works during his periods of custody under this provision, the Father shall transport the Children to the Mother's residence in the morning before work between 7:15 and 7:30 a.m. and the Father shall pick up the Children at the Mother's residence after work between 5: 00 and 5: 15 p.m. The Mother shall transfer custody of the Children to the Father at the Giant grocery store in Carlisle on the alternating Fridays at 5:00 p.m. All other custody exchanges under this Order shall take place at the \.'3;,!'}-,e..' -"-,;-'-"~'___" -_,~-i:'t'~_""~ __"",,-ry,,~__~, __'__"H ", . ~ _ ,"' ,"_"_", . ~"" _,'_ ,__<_o_~ Mother's residence, unless otherwise agreed between the parties. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12: 00 noon through Christmas Day at 12: 00 noon, and Segment B, which shall run from Christmas Day at 12: 00 noon through December 26 at 12: 00 noon. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Children in Segment A in odd numbered years and during Segment B in even numbered years. B. NEW YEARS: In even numbered years, the Mother shall have custody of the Children from New Years Eve at 10: 00 a. m. through New Years Day. In odd numbered years, the Father shall have custody of the Children from New Years Eve at 10: 00 a. m. through New Years Day at 10:00 a.m. and the Mother shall have custody of the Children on New Years Day beginning at 10: 00 a.m. For purposes of this paragraph, the entire New Years holiday shall be deemed to fall in the year in which New Years Eve falls. C. EASTER: In every year, the Mother shall have custody of the Children on Easter Sunday until 4:00 p.m. and the Father shall have custody beginning on Easter Sunday at 4: 00 p. m. through the following Monday at 10:00 a.m. D. THANKSGIVING: In every year, the Mother shall have custody of the Children on Thanksgiving Day until 5: 00 p. m. and the Father shall have custody every year from 5: 00 p. m. on Thanksgiving Day through the following Friday at 10:00 a.m. "<y, , __ ~,_~_~','_"" _~h~.-,','~",_; Yo ,,__,~__" ~_, _~"'.",""'f,_,"'t,_, ',0 _~___'O""',"',"'_ _,.,.~.. Oq - -- ,. r.o, , " __ E. . MEMORIAL DAY/LABOR DAY: The Mother shall have custody of the Children every year on Memorial Day and the Father shall have custody of the Children every year on Labor Day, with the specific times to be arranged by agreement of the parties. F. JULY 4TH: The parties shall alternate having custody of the Children on July 4th each year, with the specific times and alternating schedule to be arranged by agreement of the parties. G. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day at times to be arranged by agreement of the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Each party shall be entitled to have custody of the Children for up to 2 weeks each year upon providing at least 30 days advance notice to the other party. The parties shall not schedule periods of custody under this provision to interfere with the other party's holiday periods of custody unless otherwise agreed between the parties. 7. Each party shall ensure that the other party has his or her current address and telephone number. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact with the Children comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties ,,-,-, ~ ,,,_r.,,,", ~--~d~_"" _ ,"_~^_ ,,',-o"_,~.,'_-?"",",'1'~l.-' ,.",""., ','_", ~< __ ~ ,d 'c--,,_, may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J.5/c(LtOuL f. ~ Edward E. Guido, J. Cc: Paul B. Orr, Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother ~ ~" 0"' , ~ - . ,''co. .- ,~,_,.." ~_ '''-''~-~, ,~_'~__4_1""'__~; .," -<1_ __~~,.""_ ,~"~~ ,-' ""Y-,.-'",'.-",,-- " , "~-- .' ~,~.. ,~-" -,., , , , JUSTIN G. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2149 CIVIL ACTION LAW SKYE A. HALTER, Defendant 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 CUSTODY OF Tyler P. Starner Melorah L. Halter March 19, 1997 February 1,2000 Mother Mother 2. The Conciliation Conference was held on August 1, 2001, with the following individuals in attendance: The Father, Justin G. Starner, with his counsel, Paul B. Orr, Esquire, and the Mother, Skye A. Halter, with her counsel, Joan Carey, Esquire. ll-u ~'u/~ DATE C 3. The parties agreed to entry of an Order in the form as attached. ~~~. Dawn S. Sunday, Esquire ~ '7 d-Ct) / , R. ."~. -. -- - 'v" -, ""_"",_,,,,," ""'''~',''~nf;<__r,_",::_,.' "'''''~''_'- ,~, '"1-"_ _', _~_,_ n. " ~~,' - ~ ,v' ~ _ _ _ _ _ ,. _ _ ,. _ H' ,0 1"---, "--~ " ,-.,",-" I _h_ ~ - ,- 0 "-> ~ c: = ~ ;:r-:;_~$ ,= .<:- ~ (' :r..,., r . :i: :;;; ~~ - ;it: .,:/r- rq'_-h' C'"') ~j-" r- :orn ~ r;::-.: c~:, .+:.~ .09 0, -- ..;.> ~ .."-!e) ~ I--> .., /". ; 'JJ :.r -f-- '=:;:::"',--- -:."':' ('j::tl ..c, -'< ~ )>,'-,.;,: ::;-';'(J "<> :2: ':? _~]m 't::I a ::;J ",) UJ :::..~ .-'. ~liW'I!! ~,_ _-:,!_~I__ ""._~""o~.: '" . -, J JUSTIN G. STARNER, Plaintiff fEb12004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SKYE A. HALTER, Defendant NO. 00-2149 IN CUSTODY COURT ORDER AND NOW, this Jit" day oftlt~ 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this courts prior order of August 16, 2001 shall remain in effect subject to the following modifications: 1. Exchange of custody on a week-on/week-off basis shall take place on Friday at 5:00 p.m. with each party enjoying one full week of custody with the minor children. During father's week of custody, father shall deliver the children to the mother's house in the morning for school on weekdays and the mother shall deliver the children to father's place of work at 5:00 p.m. 2. The parties may modify the custody schedule in any manner that they agree. Absent an agreement, the terms of the custody order shall control. 3. In the event either parent desires to modify the custody order and an agreement cannot be reached with the other parent, a petition may be fIled with the court to have the case again referred to the Custody Conciliator for a conference. Judge Edward E. Guido cc: Richard Gan, Esquire Harold S. Irwin, Esquire ~~ ...3 -;2 '0'/ Cf-, i '.~,~ ."" "':'. , " '0"' ~ _ '" ~., _, _ _. < _ " ~__. --1'-"< -. ,. ~ ,-~ -, - -~ -" -"~ \!\;\l>;jS\}~3'>'.~'_~'~~":~: t, \rr, ~ H __ _""', , _I : ',; \ \ '..J \ l,",'("{Y. i ". ~. 1\.1.1-.\ I~'"'' '7 ,,\ \ - IW\~ I\U\lI '18 :" reO _., ,. JI) , ,,\1< \01 j \ Gdd jnl :r~ ,,'tN K:',).,;.\to-G31H ::-lVI....~ !'-1IW!III! ,e ,",," I . - ~ ~~7"'r ~_,~7" -', ---' ,'- _~_"'- c9."" ~'""""'.' ~ ~. ,_ " --{ . _ "'~" " ~O'"= > " ,__~". "'__ _'. '.' ". ,. . _lml:~"",,~,__""Jill_)II'~Wl~~~il!llBl!~'!lIflft!"'lI__~""l'l~ lII__'- FEB 2 7 2004 J JUSTIN G. STARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SKYE A. HALTER, Defendant NO. 00-2149 IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CIUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Tyler P. Stamer, born March 19, 1997, age 6 years and Melorah L. Halter, born. February 1, 2000, age 3 years. 2. A Conciliation Conference was held on February 19, 2004, with the following individuals in attendance: The father, Justin G. Starner, with his counsel, Richard Gan, Esquire and the mother, Skye A. Halter, with her counsel, Harold S. Irwin, III, Esquire. 3. The parties agree to the entry of an order in the form as attached. ;((~--/6 V DATE 1"<.- - _ :,.," _'~~_"_ ~<'N-'~__,':' , 'C>' .,