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HomeMy WebLinkAbout99-04106 (2)k-,- SEP 2 r' 1999 ik ANTWON P. HART, IN THE COURT OF COMMON PLEAS OF Plaintiff t{ 3 Q ! Cl1MBERLAND COUNTY, PENNSYLVANIA v _r'.. "1D CG "; CIVIL ACTION - LAW i'rNNSYLV;,r , KRISTEN J. SCHULER, NO. 994106 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, thisday of September, 1999, upon consideration of the attached Custody -16 Conciliation Report, it is ordered and directed as follows: The parties shall meet again with the Custody Conciliator for a Conference on the 2"d day of December, 1999. 2. Pending further order of this Court, the Court issues the following temporary order: A. The Mother, Kristen J. Schuler, and the Father, Antwon P. Hart, shall enjoy shared legal custody of Mya Deanya Hart, born November 26, 1998. B. The Mother shall enjoy primary physical custody of the minor child C. The Father shall enjoy periods of temporary physical custody on an alternating week basis for a period of at least three (3) hours. Father's periods of temporary custody shall be exercised at the Mother's parents home and subject to the supervision of the Mother. Father shall give Mother at least five (5) days notice as to when he intends to come to the Carlisle area to exercise visitation. The maternal grandparents will not interfere with Father exercising periods of temporary custody with the minor child. BY THE COURT, cc: Harold S. Irwin, III, Esq. Rex Bickley, Esq. . y ANTWON P. HART, Plaintiff CIVIL ACTION - LAW KRISTEN J. SCHULER, Defendant Prior Judge: IN TIME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 994106 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Mya Deanya Hart, born November 26, 1998. 2. A Conciliation Conference was held on September 24, 1999, with the following individuals in attendance: Attorney Harold S. Irwin, 111, Esquire who represented the Father; and the Mother, Kristen J. Schuler, with her counsel, Rex Bickley, Esquire. The Father did not appear. 3. Based upon an agreement of the parties, the Conciliator recommends the entry of an order in the form as attached. a-7 9 D E Hubert X. Gil y, Esquire Custody Conciliator :., FEB 16 2000' ANTWON P. HART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 99-4106 CIVIL ACTION - LAW KRISTEN J. SCHULER, Defendant : IN CUSTODY COURT ORDER AND NOW, this /S day of February, 2000, the Conciliator being advised that the parties have reached an agreement and have worked out a custody agreement between the two of them, the Conciliator relinquishes jurisdiction and the Conciliation Conference scheduled in this case is cancelled. BY THE COURT, Hubert X. Custody C cc: Harold S. Irwin, 111, Esquire Rex Bickley, Esquire v „? N HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-0090 ATTORNEY FOR PLAINTIFF ANTWON P. HART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 99 - CIVIL TERM KRISTEN J. SCHULER, I Defendant :CUSTODY ORDER OF COURT NOW, this I L-1 day of July, 1999, 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 Q LL day of 't?enip c , 1999, at LQL??R. 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: l rr?Y " Custody Conciliato c m) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 99 JUL I I, P 1 ': 40 CU1w1L .I;L^: a I_ I II?IV I I rEl?'f?'SYLVr?,G!A 7•/19 ??{ n? ??? ? ????? ANTWON P. HART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99 - `//U/o CIVIL TERM KRISTEN J. SCHULER, Defendant ,CUSTODY PETITION FOR PARTIAL CUSTODY AND VISITATION NOW comes the plaintiff, Antwon P. Hart, by his attorney, Harold S. Irwin, III, Esquire, and presents the following petition for partial custody and visitation, representing as follows: The plaintiff is Antwon P. Hart, an adult individual residing at 39 Sneden Place, Spring Valley, Rockland County, Pennsylvania 10977. 2. The defendant is Kristen J. Schuler, an adult individual residing at 1414 Bradley Drive, Apartment G212, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of a minor daughter, namely Mya Deanya Hart (born November 26, 1998, age 7 months). 4. The child resided with the parties from the time of her birth until January 7, 1999, when the parties separated. Since that time the child has lived with defendant, who has permitted only limited supervised visitation of the child by the plaintiff. 5. Plaintiff believes and therefor avers that the best interests and permanent welfare of the child requires that the parties have joint legal custody of the child, that defendant have primary physical custody and that plaintiff have specified periods of temporary custody and visitation with the child in accordance with a schedule 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. July 3, 1999 HAROLD S. IRWIN III Attorney for plaint 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION 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. July 3, 1999 P. ??' `. -, - ?; ?_ :; ?. ? 1_l 0z ?d az W WW E P43 O •a H oz O V V D H OOV UU 0 ?a> i O Z H O V w V m W£ E U zz z G+ H O w w .J E C xP, W A4 z 0 x E z y ?j J FJ C m ab W C av Ow ui v > tD z w E m H a x ?y v cam, G k?-- k N 0 O E O x V L4W OFFICES HAROLD S. tR 6VJ/v, 1/l 'r o n ?, ?y W $ Q w z vC? y? LL ` Q = 2 O C,? W 3 z =z Q Q O N 4 J V W J Q Q u? y ? J t x 0 q N N n k ;4 ANTWON P. HART IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-4106 CIVIL ACTION LAW KRISTEN J. SCHULER DEFENDANT IN CUSTODY AND NOW, Tuesday, February 12, 2002 , 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 Friday, March 08, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ Hubert'. Gilroy Esq Custody Conciliator 1l 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 \: c?7 • /1f Do7(Gv7? ? ?? /Xi? ;?` ? S ?_:? ? ANTWON P. HART, Plaintiff/Petitioner V. KRISTEN J. SCHULER, Defendant/Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-4106 CIVIL TERM :CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the _ day of 2002, 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 the conference may provide grounds for entry of a temporary or permanent order. This court hereby directs the parties to furnish any and all existing Protection from Abuse Orders or Custody Orders to the Conciliator. By the Court, Date 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court ofCommon 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. ANTWON P. HART, :IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 99-4106 CIVIL TERM KRISTEN J. SCHULER, Defendant/Respondent :CUSTODY PETITION FOR MODIFICATION Petitioner, Antwon Hart, by and through his counsel, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, Antwon Hart, hereinafter referred to as the father, who currently resides at 39 Sneden Place, New York, New York, 10977. 2. Respondent is the above-named Defendant, Kristen Schuler, hereinafter referred to as the mother, who resides at 1414 Bradley Drive, Apartment G212, Carlisle, Cumberland County, Pennsylvania 17013. 3. The above-named parties are the natural parents of Mya Deanya Hart, born November 26, 1998. 4. A custody order was entered on September 30, 1999, which in pertinent part, granted the father shared legal custody and a schedule of supervised visitation for a period of at least 3 hours on alternating weeks. A copy of the order is attached and incorporated herein by reference. 5. The best interest and permanent welfare of the child will be served by granting the petition to modify the Order for reasons includinf the following: a) The father has had a relationship with the child as a result of seeing the child consistently for over two years, and it is in the child's best interests to continue that relationship. b) The father has a stable home for the child where he lived at the same New York City residence since before the entry of the September 30, 1999 Order, and he feels that it is in the child's best interest to have a regular schedule of partial custody for extended periods so that the child can spend more quality time with her father at his home and develop a relationship with the father's family c) It is unreasonable that the father continue to drive six hours for a three- hour visit with the child. d) The father has the parenting ability to have unsupervised visits with the child because the child knows the father and the father has worked for the past five (5) years counseling and caring for young children. C) The father is the parent who can best facilitate contact with the child and the other parent. t) The mother has unreasonably and arbitrarily refused to expand the father's schedule resulting in the child being deprived of strengthening the parent/child bond and developing a relationship with the father's family. g) The mother has also refused to include the father in all important decisions regarding the child in spite of the fact that the Custody Order grants him shared legal custody. h) The mother has not acted in the child's best interest by denying the father physical contact with the child since August 17, 2001. Additionally, the mother has resisted the father's attempts to continue a loving parent/child relationship by often interfering in the father's attempts to speak with the child on the phone. WHEREFORE, the petitioner respectfully requests this Court to grant the following relief: a) Modify the Order of September 30, 1999 to grant the father a schedule of partial physical custody of the child every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m., extended weekends where the father's work schedule permits, shared holidays to include extended time around the holidays, extended periods of custody during the summer, other times that may be mutually agreed upon by the parties, and b) Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, Joan Carey Attorney for Plaintiff/ Petitioner MIDPENN LEGAL SERVICES 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named PETITIONER, Antwon Hart, verifies that the statements made in the above PETITION are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to urswom falsification to authorities. Date: LHart on ti Antw -- :? ' ?: ' , - , v ._ .: , =:? ?' =„ - ;; ?. ?:=, . ,??_ -?- .. _? FEB 11 2002 UP ANTWON P. HART, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-4106 CIVIL TERM KRISTEN J. SCHULER, Defendant/Respondent :CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Antwon Hart, Plaintiff/Petitioner, to proceed in forma pauperis: I, Joan Carey, attorney for the party proceeding in fonna pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Joan Carey, Attorney for Plaintiff/Petitioner MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 :: > .._ -- ,:?., -• =? ;:, ?;_ ,'« ?• - c? U ANTWON P. HART, Plaintiff V. KRISTEN J. SCHULER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4106 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Please enter the appearance of John J. Connelly, Jr., Esquire on behalf of the Defendant, Kristen J. Schuler, in the above-captioned action. Date: OA-A -ooZ By: Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 h? S? L -- v r_ i _- :'.i c ', ?:::: ? ??n ?._ c, 11 iJ ?: = Q. .7 _.. ,J MAR 2 2 2002 9 ANTWON P. I TART. IN TI-IE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA v CIVIL ACTION - LAW KRISTEN J.SCIIULER. NO. 99-4106 CIVIL Delendant IN CUSTODY COURT ORDER AND NOW, this 22" I day of March, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered that this court's prior order of September 30, 1999 is vacated and replaced with a custody order as follows: The Mother, Kristen J. Shuler, and the Father, Anton P. Hart, shall enjoy shared legal custody of Mya Deanya Hart, born November 26, 1998. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy temporary physical custody of the minor child as follows: A. On March 21, 2002. for a period of three (3) hours as agreed by the parties. B. On March 30, 2002 from 10:00 a.m. until 5:00 p.m. C. On April 13, 2002 from 10:00 a.m. until 5:00 p.m. D. On April 14, 2002 from Noon until 7:00 p.m. 4. The Father shall also enjoy reasonable telephone contact with the minor child. 5. Legal counsel for the parties shall have another custody conciliation conference via telephone with the conciliator on Friday, April 26, 2002 at 8:30 a.m. cc: ohn J. Connelly, Jr., Esquire .,.-Toan Carey, Esquire V ?5-U a R5 03 DV TUU ! nT TDT . ? - ., . i ANTWON P. HART, Plaintiff V KRISTEN J. SCHULER. Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.99-4106 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child/children who is/are the subject of this litigation is as follows: Mya Deanya Hart, born November 26, 1998. 2. A Conciliation Conference was held on March 21, 2002, with the following individuals in attendance: The Father, Antwon P. Hart, with his counsel, Joan Carey, Esquire; and the Mother, Kristen J. Schuler, with her counsel, John J. Connolly, Jr., Esquire. 3. The parties agree to the entry of an order in the form as attached. 3 o?2 DATE Hubert X. Gilroy, Custody Conciliate SEP 2 3 2002 ANTWON P. HART, Plaintiff : CIVIL ACTION - LAW KRISTEN.I. SCHULER, Defendant : IN THE. COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.99-4106 CIVIL : IN CUSTODY COURT ORDER AND NOW, this day of September, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse one day of 2002 at 'o .m. _dzy at which time testimony will be taken on the above case. At this hearing, the Father, Antwon P. Hart, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on those issues, a list of witnesses who will testify at the hearing and a summary of the anticipated testimony of each witness. This memorandum shall be tiled at least live (5) days prior to the mentioned hearing date. 2. Pending further order of this court, the following temporary custody order is entered: A. The Mother, Kristen J. Schuler, and the Father, Ammon P. Hart, shall enjoy shared legal custody of Mya Deanya Hart, born November 26, 1998. B. Mother shall enjoy primary physical custody of the minor child. C. Father shall enjoy periods of temporary physical custody of the minor child to include alternating Mondays at 10:00 a.m. until Tuesday evening at 7:00 p.m. Unless agreed otherwise between the parties, Mother shall deliver the minor child to Father's residence in New York on Monday and Father shall deliver the child to Mother's residence in Pennsylvania on Tuesday. D. Father shall also enjoy periods of temporary physical custody with the minor child at such other times as agreed upon by the parties. F'? r r; CF )FRY 02 SFP ?:i F I " I: 16 UNly Pc??Sl LvA.r•-W 3. Depending upon the scheduled hearing date on this case and the ability of the parties to agree upon any possible expanded temporary custody for the Father over the Thanksgiving and Christmas holidays, legal counsel for the parties may contact the conciliator to address any issues with respect to Thanksgiving and Christmas vacation schedules. BY THE COURT, y Oler, J . , k--L?V- cc: John J. Connelly, Esquire Joan E. Carey, Esquire 9..2('-01' ell, t" //o a ANTWON P. HART, Plaintiff v KRISTEN J. SCHULER, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4106 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Mya Deanya Hart, born November 26, 1998. 2. A Conciliation Conference was held on September 20, 2002, via telephone conference with the attorneys involved in this case. 3. Father lives in New York and Mother lives in Cumberland County. The parties had a custody conciliation conference in March of this year at which time there was an agreed upon temporary schedule. Informally, the parties over the past few months have been working on a schedule with the Father having 1 overnight in New York on alternating weekends. There is a factual dispute with respect to how much time the Father has exercised with the minor child over the past 2 months and a dispute with respect to why Father has not fully taken advantage of his scheduled custody time. Father's work schedule has now changed, and the parties cannot agree upon the entry of a permanent order. A hearing is necessary. 4. The conciliator recommends the entry of an order in the form as attached. way a,2 14d4 ATE Hubert . Gilr . ,Esquire Custody Co diator 4% ANfWON 1'. IIART, Plaintiff V. KRISTEN J. SCI IULER, Defendant IN TI IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 99-4106 CIVIL CIVIL ACTION - LAW IN CUSTODY PRAE,CIPETO WITIIDRAWAIAF.NTRYAPPEARANCG TO TI113 PROTI IONOTARY: Please withdraw my appearance as counsel for the Defendant, Kristen J. Schuler, in the above-captioned action. Datc:-IL/,?11 -OA TO TIME PROTI IONOTAItY: Please enter the appearance of Gregory L. Cutler, Esquire, on behalf of the Defendant, Kristen J. Schuler, in the above-captioned action. Date:_?L?U?, - By: IL. G egory . C er., Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 PA I.D. No. 73 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 r ?k. L r r , a X J w y f ! a 1Y: ?'r ` J 4 1 i. a S J? r Fri, « 1 t '? , pp P 77 R . ? ° P U v+ w0r u n.. x L14 rl O ? z F S r N L?' IA r t a r I 1 t 3 t ktia bA•. Y ?y \ Poll J -will _ Y y ?. r «' j, EK + ET ? P' S a ,;l x K v 4r f' Y ANTWON P. 1 [ART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KRISTEN J. SCI IULER, : Defendant NO. 99-4106 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 19°i day of December, 2002, upon agreement of counsel, the hearing previously scheduled in this matter for December 19, 2002, is continued generally. COUNSEL ARE directed to contact the court if they desire a hearing in this matter. ,/Joan Carey, Esq. Mid-Penn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff /Gregory L. Cutler, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Defendant LapLLo) ?S i a-ao-oa :rc BY THE COURT, ? .. ,: ?? Vir., .? 1 ANTWON HART, Plaintiff V. KRISTEN J. SCHULER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 99-4106 CIVIL :CUSTODY CUSTODY ORDER AND NOW, THIS JAday of January, 2003, the following Order is entered by consent of the parties with regard to custody of the parties' child, Mya Deanya Hart, bom November 26, 1998: The father, Antwon P. Hart, and the mother, Kristen J. Schuler, shall have shared legal custody of the child. 2. The mother shall have primary physical custody. 3. The father shall have partial custody of the child as follows: a. Every other week from Monday at 10: 00 a.m. until Wednesday at 7:00 p.m. (If the father's days off from work are changed, he shall have a comparable alternating weekly period of custody.); b. Other times mutually agreed upon by the mother and father. 4. The mother and the father shall have custody of the child for holidays as follows: a. The father shall have custody of the child in Segment A, from December 23 at 12:00 noon until December 27 at noon, in odd- numbered years and in Segment B, from December 27 at noon until January 2 at 12:00 noon, when this segment begins in even ? -., numbered years. The mother shall have custody of the child during Segment A in even numbered years, and Segment B when this segment begins in odd numbered years. b. The father shall have custody of the child from the Wednesday before Thanksgiving at 10:00 a.m. until the Friday after Thanksgiving at 11:00 a.m. in even numbered years, and the mother shall have this period in odd numbered years. C. The father shall have custody of the child from the Saturday before Easter at 10:00 a.m. until the Monday after Easter at 11:00 a.m, in odd numbered years, and the mother shall have this period of custody in even numbered years. d. The mother and father shall alternate custody for the summer holidays of Memorial Day, the Fourth of July and Labor Day. i. In 2003 and odd numbered years thereafter the father shall have custody for Memorial Day and Labor Day from the Sunday before the holiday at noon until the Tuesday after the holiday at 7:00 p.m. The mother shall have this holiday schedule in even numbered years. ii. In 2004 and even years thereafter the father shall have custody from the day before The Fourth of July at noon until the day after the holiday at 7:00 p.m. The mother shall have this holiday schedule in odd numbered years. 5. The father shall have custody of the child one week of each of the summer months of June, July, and August. These weeks will not be taken consecutively unless agreed upon by the mother and the father. The father will give the mother at least thirty days notice as to which weeks he will exercise his summer custody. 6. The mother and the father shall share transportation for all exchanges of custody with the parent receiving custody providing the transportation. Alternatively, if the parties mutually agree, they may share transportation by meeting at a point halfway between their homes to transfer custody of the child at the beginning and end a custody period. 7. The mother and the father shall schedule at least three (3) times each week when the father can speak with the child by phone. 8. The mother and the father shall notify each other immediately of medical emergencies that arise while the child is in that parent's care. 9. Neither parent shall do anything that may estrange the child from the other parent, or injure the opinion of the child as to the other parent orf which may hamper the free and natural development of the child's love or respect for the other parent. 01-13 -03 1 R)?S By the Court, ?1. If Wnlo usu sent of Plaintiff and Defendant: art, Plaint f ilCr sten J. Sc ler, fendant ban -Carey Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ?G gory utler Attorney for Defendant The Law Office of Paul B. Orr 50 East High Street Carlisle, PA 17013 ?- - . ,;??-?1 . , ??? ._-„ ?. :803 ' ?i_i??I ?- it ? ?? ? c: ? ?- i :_i r.5 ..;.i :'iL t:. i? =? -? Cr O HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF ANTWON P. HART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 99 - 6Un CIVIL TERM KRISTEN J. SCHULER, Defendant @ .CUSTODY ORDER OF COURT NOW, this ILA day of July, 1999, 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 QLj day of ?en(p m r , 1999, at tip ;3 Q. 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:A .2 Custody Conciliato YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 V. IVA1,SSNN3d uNnot R?N39dwo o 1 _C Wd ? I Inr 65 ?1cNOr? 41 ja ANTWON P. HART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 88 - N/b/o CIVIL TERM KRISTEN J. SCHULER, Defendant :CUSTODY PETITION FOR PARTIAL CUSTODY AND VISITATION NOW comes the plaintiff, Antwon P. Hart, by his attorney, Harold S. Irwin, III, Esquire, and presents the following petition for partial custody and visitation, representing as follows: 1. The plaintiff is Antwon P. Hart, an adult individual residing at 39 Sneden Place, Spring Valley, Rockland County, Pennsylvania 10977. 2. The defendant is Kristen J. Schuler, an adult individual residing at 1414 Bradley Drive, Apartment G212, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of a minor daughter, namely Mya Deanya Hart (born November 26, 1998, age 7 months). 4. The child resided with the parties from the time of her birth until January 7, 1999, when the parties separated. Since that time the child has lived with defendant, who has permitted only limited supervised visitation of the child by the plaintiff. 5. Plaintiff believes and therefor avers that the best interests and permanent welfare of the child requires that the parties have joint legal custody of the child, that defendant have primary physical custody and that plaintiff have specified periods of temporary custody and visitation with the child in accordance with a schedule 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. July 3, 1999 HAROLD S. IRWIN III Attorney for plaint 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION 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. July 3, 1999 P. FTI 3"C= t'J aia r s 44 z , +' - a z w .,? b E-1 4J W ro z1 a H g W, 0 a) O .? H Cl 0 :D 4-4 E E-1 0 z 00 U x a' u A P4 u u E-1 Hz4 x w c?i ?z =z ?a> i ' Q qo aia ? O rn H W n UWU rn a' O Q r W ce, E+ U z U Z G*a H 0 y SEP 2 9 1999 t06 ANTWON P. HART, C'? TH`=. i?;??; ? ;v:• r,: IN THE COURT OF COMMON PLEAS OF Plaintiff fi 3? Q CUMBERLAND COUNTY, PENNSYLVANIA v rRYND Col ` ?'`' CIVIL ACTION - LAW PENNSYLVAN . KRISTEN J. SCHULER, Defendant : NO. 994106 CIVIL : IN CUSTODY COURT ORDER AND NOW, this 6 day of September, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The parties shall meet again with the Custody Conciliator for a Conference on the 2°d day of December, 1999. 2. Pending further order of this Court, the Court issues the following temporary order: A. The Mother, Kristen J. Schuler, and the Father, Antwon P. Hart, shall enjoy shared legal custody of Mya Deanya Hart, born November 26, 1998. B. The Mother shall enjoy primary physical custody of the minor child. C. The Father shall enjoy periods of temporary physical custody on an alternating week basis for a period of at least three (3) hours. Father's periods of temporary custody shall be exercised at the Mother's parents home and subject to the supervision of the Mother. Father shall give Mother at least five (5) days notice as to when he intends to come to the Carlisle area to exercise visitation. The maternal grandparents will not interfere with Father exercising periods of temporary custody with the minor child. BY THE COURT, cc: Harold S. Irwin, III, Esq. Rex Bickley, Esq. L' «.?•?a r?:?A. 1 d 1 ? I a?. J. ANTWON P. HART, Plaintiff v KRISTEN J. SCHULER, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4106 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Mya Deanya Hart, born November 26, 1998. 2. A Conciliation Conference was held on September 24, 1999, with the following individuals in attendance: Attorney Harold S. Irwin, III, Esquire who represented the Father; and the Mother, Kristen J. Schuler, with her counsel, Rex Bickley, Esquire. The Father did not appear. 3. Based upon an agreement of the parties, the Conciliator recommends the entry of an order in the form as attached. a7 D E Hubert X. Gi I y, Esquire Custody Conciliator FEB 16 2000 ANTWON P. HART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 99-4106 CIVIL ACTION - LAW KRISTEN ). SCHULER, Defendant : IN CUSTODY COURT ORDER AND NOW, this is' day of February, 2000, the Conciliator being advised that the parties have reached an agreement and have worked out a custody agreement between the two of them, the Conciliator relinquishes jurisdiction and the Conciliation Conference scheduled in this case is cancelled. BY THE COURT, Hubert X. Gilro , Esquire Custody Con ' iator cc: Harold S. Irwin, III, Esquire Rex Bickley, Esquire 2: 34, CUPv; r'c,1?N YU A Pv? ' ANTWON P. HART, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner VS. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 994106 CIVIL TERM KRISTEN J. SCHULER, Defendant/Respondent :CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Antwon Hart, Plaintiff/Petitioner, to proceed in forma pauperis: I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. fem. Joan Carey, Attorney for Plaintiff/Petitioner MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 C) C o rl) Z7C M Cl) I a n U ?.. clt ? ANTWON P. HART, Plaintiff/Petitioner V. KRISTEN J. SCHULER, Defendant/Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-4106 CIVIL TERM :CUSTODY PETITION FOR MODIFICATION Petitioner, Antwon Hart, by and through his counsel, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, Antwon Hart, hereinafter referred to as the father, who currently resides at 39 Sneden Place, New York, New York, 10977. 2. Respondent is the above-named Defendant, Kristen Schuler, hereinafter referred to as the mother, who resides at 1414 Bradley Drive, Apartment G212, Carlisle, Cumberland County, Pennsylvania 17013. 3. The above-named parties are the natural parents of Mya Deanya Hart, born November 26, 1998. 4. A custody order was entered on September 30, 1999, which in pertinent part, granted the father shared legal custody and a schedule of supervised visitation for a period of at least 3 hours on alternating weeks. A copy of the order is attached and incorporated herein by reference. 5. The best interest and permanent welfare of the child will be served by granting the petition to modify the Order for reasons including the following: a) The father has had a relationship with the child as a result of seeing the child consistently for over two years, and it is in the child's best interests to continue that relationship. b) The father has a stable home for the child where he lived at the same New York City residence since before the entry of the September 30, 1999 Order, and he feels that it is in the child's best interest to have a regular schedule of partial custody for extended periods so that the child can spend more quality time with her father at his home and develop a relationship with the father's family c) It is unreasonable that the father continue to drive six hours for a three- hour visit with the child. d) The father has the parenting ability to have unsupervised visits with the child because the child knows the father and the father has worked for the past five (5) years counseling and caring for young children. e) The father is the parent who can best facilitate contact with the child and the other parent. f) The mother has unreasonably and arbitrarily refused to expand the father's schedule resulting in the child being deprived of strengthening the parent/child bond and developing a relationship with the father's family. g) The mother has also refused to include the father in all important decisions regarding the child in spite of the fact that the Custody Order grants him shared legal custody. h) The mother has not acted in the child's best interest by denying the father physical contact with the child since August 17, 2001. Additionally, the mother has resisted the father's attempts to continue a loving parent/child relationship by often interfering in the father's attempts to speak with the child on the phone. relief: WHEREFORE, the petitioner respectfully requests this Court to grant the following a) Modify the Order of September 30, 1999 to grant the father a schedule of partial physical custody of the child every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m., extended weekends where the father's work schedule permits, shared holidays to include extended time around the holidays, extended periods of custody during the summer, other times that may be mutually agreed upon by the parties, and b) Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, Joan Carey Attorney for Plaintiff/ Petitioner MIDPENN LEGAL SERVICES 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named PETITIONER, Antwon Hart, verifies that the statements made in the above PETITION are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: / ?il/o2 Y. Atwon LHart n r- o r:? -, ? ?? s: -n ??rr mr*, rYi .n 2.`i L?. ? ', '.??,i-., `l r i ?C ?? ??,: ? a cn ? ANTWON P. HART IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-4106 CIVIL ACTION LAW KRISTEN J. SCHULER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 12, 2002 , 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 Friday, March 08, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X Gilro?,cq 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 s? z no a? hci C°O¢i/ • L° P I ANTWON P. HART, Plaintiff V. KRISTEN J. SCHULER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4106 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAFC'IPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John J. Connelly, Jr., Esquire on behalf of the Defendant, Kristen J. Schuler, in the above-captioned action. Date: Q-A oc2' By: Jr., tt ey for De nd Post 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 Ir 4 7 c a cn c? SEP E 8 2002 ANTWON P. HART, Plaintiff v KRISTEN J. SCHULER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 4106 CIVIL IN CUSTODY COURT ORDER AND NOW, this ?-J_ttday of September, 20029 upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on day of at which time testimony will be tak the above case. 0 Attthis ng the Father, Antwon P. Hart, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on those issues, a list of witnesses who will testify at the hearing and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (S) days prior to the mentioned hearing date. 2. Pending further order of this court, the following temporary custody order is entered: A. The Mother, Kristen J. Schuler, and the Father, Antwon P. Hart, shall enjoy shared legal custody of Mya Deanya Hart, born November 26, 1998. B. Mother shall enjoy primary physical custody of the minor child. Co Father shall child to enjoy periods of temporary physical custody of the minor include alternating Mondays at 10:00 a.m. until Tuesday evening at 7:00 p.m. Unless agreed otherwise between the parties, Mother shall deliver the minor child to Father's residence in New York on Monday and Father shall deliver the child to Mother's residence in Pennsylvania on Tuesday. D. Father shall also enjoy periods of temporary physical custody with the minor child at such other times as agreed upon by the parties. mtqdn-j:SNN3a n? 83S ZO is 3. Depending upon the scheduled hearing date on this case and the ability of the parties to agree upon any possible expanded temporary custody for the Father over the Thanksgiving and Christmas holidays, legal counsel for the parties may contact the conciliator to address any issues with respect to Thanksgiving and Christmas vacation schedules. BY THE COURT, J. esley Oler, J . cc: John J. Connelly, Esquire Joan E. Carey, Esquire '?° "° /h aL ,e,?-,/ 9 .14 - 0 Z ANTWON P. HART, Plaintiff v KRISTEN J. SCHULER, Defendant Prior Judge: J. Wesley Oler, Jr. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 4106 CIVIL : IN CUSTODY IN ACCORDANCE WITH THE CUMBERLAND CO - PROCEDURE 1915.3-8(b), the undersigned report: Custody Conciliator submits then f flowing 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Mya Deanya Hart, born November 26, 1998. 2. A Conciliation Conference was held on September 20, 20029 via telephone conference with the attorneys involved in this case. 3. Father lives in New York and Mother lives in a Cumberland County. The parties had custody conciliation conference in March of this year at which time there was an agreed upon temporary schedule. Informally, the parties over the past few months have been working on a schedule with the Father alternating weekends. having 1 overnight in New York on There is a factual dispute with respect to how much time the Father has exercised with the minor child over the respect to why Father has not fully taken advantage of his scheduled custopdy time. Father's work schedule has now changed, and the parties cann entry of a permanent order. A hearing is necessary, ot agree upon the 4. The conciliator recommends the entry of an order in the form as attached. IL-a19-2 Hubert /.i , Esquire Custody Coy diator ANTWON P. HART, Plaintiff V. KRISTEN J. SCHULER, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No.: 99 - 4106 CIVIL CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRA NAL/ENTRY APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Defendant, Kristen J. Schuler, in the above-captioned action. Date: /,A -/ 'dal? I TO THE PROTHONOTARY: Please enter the appearance of Gregory L. Cutler, Esquire, on behalf of the Defendant, Kristen J. Schuler, in the above-captioned action. Date: By: -14ah7 Gregory . C er., Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 3y?I PA I.D. No. Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 £7 ?-, ?' ? ,; ?, ..?.j :'"? - ?!? ?_' ? ?-1 k _ f -' i?_..? _.. e -?P-,' ...?.. -_ ;-r,; ti_ _- ? ?'! ? C r? .J ANTWON P. HART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KRISTEN J. SCHULER, Defendant NO. 99-4106 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 19`x' day of December, 2002, upon agreement of counsel, the hearing previously scheduled in this matter for December 19, 2002, is continued generally. COUNSEL ARE directed to contact the court if they desire a hearing in this matter. BY THE COURT, J. *esley Oler ,/Joan Carey, Esq. Mid-Penn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff /Gregory L. Cutler, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Defendant R ?a-ao-oa :rc 1 ?. nr+?' V ?LJ ?iCl u' ` r I^ zr` f^