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ELIZABETH BARKER,
Plaintiff
VS.
ALAN STEUART,
Defendant
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4902 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this q4-A day of O oat-ci , 1999, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The Mother, Elizabeth Barker, and the Father, Alan Steuart,
shall have shared legal custody of Ashley Barker, born May 18, 1991. Each
parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the child's
general well-being including, but not limited to, all decisions regarding
her health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child
on alternating weekends, beginning October 1, 1999, from Friday at 6:00
p.m., when the Father shall pick up the Child from the Mother's residence,
until Sunday at 6:00 p.m., when the mother shall pick up the Child from the
Father's residence.
During weeks following the Mother's period of weekend
custody, the Father shall also have custody of the Child from Monday, when
the Father shall pick up the Child at the school latch key program before
5:45 p.m. through Tuesday at 7:00 p.m., when the Mother shall pick up the
Child at the Father's residence. The Father shall be responsible to take
the Child to school on Tuesday morning and also to pick up the Child at the
school latch key program on Tuesday by 5:45 p.m. The Father shall be
responsible for any late fees incurred on days when he is scheduled to pick
up the Child at the latch key program. In the event the Child has no
school, the Mother may take the Child away for a long weekend on a Monday
which would otherwise be the Father's period of weekday custody, and the
Father's period of weekday custody shall be shifted to Tuesday through
Wednesday at the same time.
4. The parties shall share or alternate having custody of the
Child on holidays as arranged by mutual agreement.
5. The parties shall cooperate in scheduling a period of
custody for each party on or near the Child's birthday each year.
6. Each party shall be entitled to have custody of the Child
for two uninterrupted weeks during each summer school vacation upon
providing at least two weeks advance notice to the other party. The two
week periods of custody under this provision may be scheduled consecutively
or non-consecutively in accordance with each party's preference. The party
who first provides notice of his or her intention to exercise a period of
custody under this provision shall be given preference as to the dates
selected.
7. Both parties shall cooperate in making the Child available
for visits with both the maternal and paternal grandparents.
8. In the event either party intends to remove the Child from
the commonwealth of Pennsylvania for an overnight period or longer, that
party shall provide the other party with an address and telephone number
where the Child can be reached as well as an anticipated return time.
9. Each party shall ensure that the other party has his or her
current address and telephone number.
10. In the event either party requires care for the Child during
his or her period of custody, that party shall first contact the other
party to provide that party with the opportunity to provide the care before
contacting third party babysitters.
11. Neither party shall drink alcohol to excess or use illegal
drugs immediately before or during his or her periods of custody with the
Child. Neither party shall drive under the influence of alcohol during his
or her periods of custody with the Child. Both parties shall take all
reasonable steps to ensure that third parties having contact with the Child
also comply with this provision.
12. Neither party shall do or say anything which may estrange the
Child from the other parent, injure the opinion of the Child as to the
other parent, or hamper the free and natural development of the Child's
love and respect for the other parent. Both parties shall take all
reasonable steps to ensure that third parties having contact with the Child
comply with this provision.
13. 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 ,
J.
cc: James J. Kayer, Esquire - Counsel for Mother _ C „-db CLJ- to/s /99,
Jason P. Kutulakis, Esquire - Counsel for Father U 6.-p,
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ELIZABETH BARKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-9902 CIVIL TERM
ALAN STEUART, CIVIL ACTION - LAW
Defendant CUSTODY
CUSTODY OONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDEM
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 CURREMY IN CUSTODY OF
Ashley Barker May 18, 1991 Mother
2. A Conciliation Conference was held on September 28, 1999, with the
following individuals in attendance: The Mother, Elizabeth Barker, with
her counsel, James J. Kayer, Esquire and the Father, Alan Steuart, with his
counsel, Jason P. Kutulakis, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Q r-LM, ben a £ . 19 9 q
-5;a Dawn S. Sunday, Esquire
Custody Conciliator
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RECEIVED JUL 812008
ELIZABETH BARKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-4902 Civil Term
ALAN STEUART, CIVIL ACTION - LAW
Defendant IN CUSTODY
MEMORANDUM OF DEFENDANT, ALAN STEUART
The parties to the above-captioned custody matter, Alan Steuart, Defendant, and
Elizabeth Stepp, formerly Barker, Plaintiff, are the parents of Ashley E. Barker, who is fifteen
(15) years of age, having been bom on May 18, 1991. Ashley will be entering the tenth grade at
the Dauphin County VoTech School next month,
On February 2, 2006, Defendant filed a Petition to Modify Order of Custody, whereby he
sought an award of primary physical custody. The initial Order in this case was issued on
October 4, 1999. This Order remains in effect and provides for shared legal custody, primary
physical custody in Plaintiff and specified partial physical custody in Defendant.
Defendant believes an award of primary physical custody to him will best serve Ashley's
interests. He premises his belief upon Ashley's long-standing and persistent expression of
preference to reside with him and certain conditions in Plaintiff s home which he does not
believe are conducive to his daughter's best interests.
Ashley has frequently expressed to Defendant the ongoing conflict she has with her
stepfather. This conflict stems, in large part, frorr. the overly strict rules and stifling atmosphere
in Plaintiffs home.
Defendant believes he is capable of devoting more attention to Ashley's needs than she is
presently receiving, including her academic pursuits, in that he and Ashley would be the sole
occupants of his household. Conversely, Plaintiff and her husband share their home with their
one (1) year old son and the husband's other two (2) children. Plaintiff is presently due to give
birth to another child on or about September 10, 2006.
Defendant is confident he can provide an appropriately structured living environment for
Ashley, including adequate supervision, proper discipline and emphasis on her schoolwork and
social adjustment.
Defendant will testify but does not anticipate calling any other witnesses. It is imperative
that Ashley be interviewed by the Court concerning her preference and the conditions in her
current primary residence.
Date: 31, 3Q0
Respectfully submitted,
GOLDBERG KATZMAN, P.C.
,gip, K,6?,2ml
PAUL J ESP SITO
Supreme Co ID #25454
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant
r:ODMA WCDOCSiDOCS1137703U
CERTIFICATE OF SERVICE
5 ?'
On this ?- day of , 2006,1 certify that a copy of the foregoing
document was served upon the following party of record by delivering same in the manner
indicated, addressed as follows:
VIA FIRST CLASS MAIL
Gerald Robinson, Esquire
Robinson & Geraldo
4407 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
GOL??D??B,?ERG KATZMAN, P.C.
Paul J. pos'
Supreme Court ID #25454
N", .t'
ELIZABETH BARKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. . NO. 99-4902 Civil Term
ALAN STEUART, : CIVILACTION-LAW
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, to wit, this/s,
day of /n19 ! 2006, it is hereby Ordered
that the hearing scheduled in the above-referenced matter before The Honorable Edward E.
Guido, for the 190i day of May, 2006, commencing at 8:30 a.m., is hereby continued and shall be
held on the /Q of A&b aLt '2006, at 00 Courtroom No. 3
1Au 2S plA 7/77
Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania.
THE
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I J. Esposito, Esquire
7ald S. Robinson, Esquire`` ?\)\
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Paul J. Esposito, Esquire
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I.D. x15131
GOLDBERG KATZMAN, P.C.
320 Mafia Street W
P. O. Box 1268
Haairbur8. PA 17108.1268
(717)2344161;(717)234-4161(facsimile)
Caun el/ar Defendant
ELIZABETH BARKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
V. . NO. 99-4902 Civil Term
ALAN STEUART, : CIVIL ACTION- LAW
Defendant : IN CUSTODY
MOTION TO CONTINUE HEARING
AND NOW, comes the Defendant, Alan Steuart, by and through his counsel, Goldberg
Katzman, P.C. and Paul J. Esposito, Esquire, and moves as follows:
1. Movant is the Defendant, Alan Steuart, in the above-captioned case.
2. Respondent is the Plaintiff, Elizabeth Barker, in the above-captioned case.
3. A hearing is scheduled for May 19, 2006, commencing at 8:30 a.m., before The
Honorable Edward E. Guido.
4. Counsel for Movant, has a previously scheduled vacation beginning May 18,
2006 and ending May 22, 2006.
Counsel for the parties have concurred and mutually agreed to continue the
hearing.
6. Counsel for Movant would not be available for hearing on the following dates:
May 22 to May 26, 2006; June 2, 5, 19, 30, 2006; July 5, 2006; or August 1, 3, 4, 7-9, 2006.
CERTIFICATE OF SERVICE
On this ;3N day of ?hz l cG, , 2006, 1 certify that a copy of the foregoing
document was served upon the following party of record by delivering same in the manner
indicated, addressed as follows:
VIA FIRST CLASS MAIL
Gerald Robinson, Esquire
Robinson & Geraldo
4407 North Front Street
Harrisburg, PA 17110
Attorney for Respondent/Plaintiff
GOLDBERG KATZMAN, P.C.
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Paul J..Esp to
Supreme C urt ID #25454
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ELIZABETH BARKER : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALAN STEUART NO. 1999 - 4902 CIVIL TERM
CIVIL ACTION -LAW
ORDER OF COURT
AND NOW, this 23RD day of MARCH, 2006, a Rule is issued upon Defendant to
Show Cause why Plaintiff's "Petition for Transfer of Venue" should not be granted.
Rule returnable ten (10) days after service.
B e Court,
Edward E. Guido, J.
vAerald S. Robinson, Esquire
Jaime D. Wassmer, Esquire
For the Plaintiff
VP'aul J. Esposito, Esquire
For the Defendant
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ELIZABETH BARKER,
V.
ALAN STEUART,
CE VE
MAR 1 6 2006
IN THE COURT OF COMMO
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4902
Defendant. : CIVIL ACTION- CUSTODY
ORDER OF COURT
AND NOW, this
day of
2006, upon consideration of
the Motion to Transfer Venue of the instant action to Dauphin County in accordance with Rule
1915.2(d) of the Pennsylvania Rules of Civil Procedure, it is hereby ORDERED and DECREED
that said motion is GRANTED.
Accordingly, the Prothonotary of the Court of Common Pleas of Cumberland County is
hereby DIRECTED to FORWARD to the Prothonotary of the Court of Common Pleas of
Dauphin County certified copies of the docket entries, process, pleadings and other papers filed
in the above-captioned action. Upon receipt of the file by the Prothonotary of the Court of
Common Pleas of Dauphin County, the instant action shall proceed with that court in accordance
with its directive.
BY THE COURT:
J.
GERALD S. ROBINSON, ESQUIRE
Robinson & Geraldo
Sup. Ct. I.D. No. 27432
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525 - Phone
(717) 232-5098 - Fax
erobinson(a robinson-geraldo.com
ELIZABETH BARKER, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4902
ALAN STEUART,
Defendant. : CIVIL ACTION- CUSTODY
PETITION FOR TRANSFER OF VENUE
AND NOW, comes Plaintiff, Elizabeth Barker, by and through her attorney, Gerald S.
Robinson, Esquire, and the law firm of Robinson & Geraldo, hereby file the instant Motion for
Change of Venue and in support thereof aver as follows:
1. Plaintiff is Elizabeth Barker ("Mother"), the biological mother of the child subject to the
instant custody action.
2. Defendant is Alan Steuart ("Father"), the biological father of the child subject to the
instant custody action.
3. On October 14, 1999, the Court of Common Pleas of Cumberland County entered a
custody order between the parties concerning their child, Ashley Barker, bom May 18, 1991
granting Mother primary physical custody of the child.
4. Father currently resides at 303 Harrisburg Pike, Apartment 5, Dillsburg, York County,
Pennsylvania.
5. Mother and child currently reside at 1107 3'u Avenue, Steelton, Dauphin County,
Pennsylvania.
6. Mother and child have resided in Dauphin County for at least the past six (6) months.
7. In light of Mother and child's residence in Dauphin County, neither party nor the child
remain residents of Cumberland County.
8. In accordance with Rule 1915.2(d) of the Rules of Civil Procedure, the Court
may, upon petition of any party, and for the convenience of the parties and witnesses to the
action, transfer an action to an appropriate court of any other county where the action could be
brought at the time the petition to transfer venue is filed.
9. With Mother and child now residing in Dauphin County, the Court should
transfer venue of the instant custody action to the Court of Common Pleas of Dauphin County
based on, inter alia, the following:
a. Dauphin County is now a convenient forum given the fact that one of
the parties and the child now reside therein;
10. Based on the foregoing, the Plaintiff, Elizabeth Barker, requests the Court to transfer the
action to Dauphin County for adjudication.
WHEREFORE, Plaintiff requests the Court to transfer the instant custody action to
Dauphin County in accordance with Rule 1915.2 of the Pennsylvania Rules of Civil Procedure.
Respectfully submitted,
Date: J $ ??0
By: ,
Gerald S. Robinson, Esquire
Robinson & Geraldo
4407 N. Front Street
P.O. Box 5320
Harrisburg, Pa 17110
Telephone (717) 232-8525
Counsel for Plaintiff
CERTIFICATE OF SERVICE
I, Jaime D. Wassmer, Esquire, do hereby certify that on the /V7?47day of
YYIAVCh , 2006, I caused a true and correct copy of the Order to be served upon the
following individual by first class mail by depositing same in the United States, postage prepaid,
in Harrisburg, Pennsylvania.
Paul J. Esposito, Esquire
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Respectfully submitted,
ROBINSON & GERALDO
By.
Jai D. Wassmer, Esquire
Att mey I.D. No. 200705
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
4
ATTORNEY VERIFICATION
Undersigned counsel, Gerald S. Robinson, Esquire, hereby verifies and states that:
The office of Robinson & Geraldo is the attorney of record for Elizabeth Barker,
Plaintiff,
2. He is authorized to make this verification on her behalf.
3. The facts set forth in the foregoing motion are known to his and not
necessarily to his client,
4. The facts set forth in the foregoing motion are true and correct to the best
of his knowledge, information and belief.
5. He is aware that false statements here in are made subject to the penalties
of 18 Pa.C.S. 4904 relating to unswom falsification to authorities.
Date:
3l a10(1 Gerald S. Robinson, Esquire
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Paul J. Esposito, Erquirc
I.D. 825454
GOLDBERG KATZMAN, RC.
320 Markel Street
P.O. Bon 1268
lhrtisluur8. PA 17108-1268
(717) 2344161; (717) 2344161 (facsimile)
C,mme1 j,e Delemlunl
ELIZABETH BARKER, . IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-4902 Civil Term
ALAN STEUART, : CIVIL ACTION-LAW
Defendant . IN CUSTODY
ANSWER TO PETITION FOR TRANSFER OF VENUE
AND NOW, comes the Defendant, Alan Steuart, by and through his counsel, Goldberg
Katzman, P.C. and Paul J. Esposito, Esquire, and files the within Answer to Petition for Transfer
of Venue, and in support thereof avers as follows:
1. Admitted.
2. Admitted.
3. Admitted. The order of October 14, 1999, also awarded specified partial physical
custody to Defendant. Said order was the first of three (3) orders issued by this Court in this
case. The subsequent orders were issued on September 10, 2001 and November 18, 2004.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Denied. This action should not be transferred to Dauphin County. Dauphin
County may be a marginally more convenient forum than Cumberland County; however, any
perceived inconvenience is decisively outweighed by the value of having the Court which has
issued three (3) orders in this matter over a period of six (6) years remain involved in this case.
Moreover, this matter will be needlessly delayed if the request for transfer is granted.
10. Defendant requests that this Court deny Plaintiff's Petition.
WHEREFORE, Defendant respectfully requests that this Honorable Court deny
Plaintiff's Petition for Transfer of Venue to Dauphin County.
Date: Lattil Q
GOLDBERG KATZMAN, P.C.
PAUL JLESP,9SIT0
Supreme Court ID #25454
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant
::ODAMIPCDOCSIDOCSI13314911 2
CERTIFICATE OF SERVICE
On this y day of2006, I certify that a copy of the foregoing
document was served upon the following party of record by delivering same in the manner
indicated, addressed as follows:
VIA FIRST CLASS MAIL
Gerald Robinson, Esquire
Robinson & Geraldo
4407 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
GOLDBERG KATZMAN, P.C.
96??I-ov
Paul J. posy
Supre a Court ID #25454
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BUG 1.6 1999,
ELIZABETH BARKER,
Petitioner
vs
ALAN STEUART,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 -y 909 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
Respondent
ORDER OF COURT
AND NOW, this M_ day of August, 1999, upon consideration of the attached Petition, it is
hereby directed that the parties and their respective counsel appear before halpLt Custody
39`? Morn
Concihator,t?"o`rw%M 1999, at C_ o'clock A, 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 child 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.
FOR THE COURT,
By: ev .,
, A C;SoheECt,.:?
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, Pennsylvania 17013
Telephone (717) 249-3166
RLED'rFFj^C
OF . - F?^rI ""NOTARY
99 AUG 19 P/112:46
CUMBE Ffu:N,C (`pU
PENN Si n 1 4NA
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You
must attend the scheduled conference or hearing.
James J. Kayer, Esquire
Attorney for Petitioner
4 East Liberty Avenue
Liberty Loft
Carlisle, PA 17013
(717) 243-7922
ELIZABETH BARKER, : IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
vs : NO. 99 - y90.?- CIVIL TERM
: CIVIL ACTION -LAW
ALAN STEUART,
Respondent : IN CUSTODY
PETITION FOR CUSTODY
COMES NOW, Petitioner, Elizabeth Barker, by and through her attorney, James J. Kayer, Esquire
and avers as follows:
1. The Petitioner is Elizabeth Barker (natural mother), residing at 308 Hummel Avenue, Lemoyne,
Cumberland County, Pennsylvania.
2. The Respondent is Alan Steuart (natural father, with a mailing address of Apartment 7-1, 12
Marshall Drive, Camp Hill, Cumberland County, Pennsylvania.
3. Petitioner seeks primary physical custody of the following child:
Name
Present Residence Age
Ashley Barker,308 Hummel Avenue, Lemoyne, PA, 17043, born May 18,1991, age 8.
The child was born out of wedlock.
The child is presently in the custody of Petitioner, Elizabeth Barker, who resides at 308 Hummel
Avenue, Lemoyne, PA, 17043.
4. During the past five years, the child have resided with the following persons and at the following
addresses:
July 30,1999- Present: Elizabeth Barker (natural mother), residing at 308 Hummel Avenue, Lemoyne, PA,
17043;
August 15, 1996 - July 30, 1999:), Elizabeth Barker (natural mother), and Alan Steuart (natural father),
residing at Apartment 7-I, 12 Marshall Drive, Camp Hill, Pennsylvania 17011;
June 1, 1996 - August 15, 1996: Elizabeth Barker (natural mother) and Alan Steuart (natural father), and
Doug and Harriet Steuart (paternal grandparents)residing at 414 Orchard Lane, Mechanicsburg,
Pennsylvania 17055;
May 1, 1995 - June 1,1996: Elizabeth Barker (natural mother) and Alan Steuart (natural father), residing
at Mountain View Apartments, Mechanicsburg, PA, 17055;
March 1, 1995 - May 1, 1995: Elizabeth Barker (natural mother) and Alan Steuart (natural father), and
Doug and Harriet Steuart (paternal grandparents)residing at 414 Orchard Lane, Mechanicsburg,
Pennsylvania 17055;
Birth - March 1,1995: Elizabeth Barker (natural mother), and Alan Steuart (natural father) and Richard
and Elaine Barker (Maternal Grandparents) at 905 Old York road, Burlington, NJ.,
5. The mother of the child is Petitioner, Elizabeth Barker, currently residing at at 308 Hummel
Avenue, Lemoyne, PA, 17043. She is single.
6. The relationship of Respondent to the child is that of natural father. The Respondent currently
resides with the following persons: None.
7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation
concerning the custody of the child in this or another court. Plaintiff has no information of a custody
proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a
person not a party to the proceedings who has physical custody of the child or claims to have custody or
visitation rights with respect to the child.
8. Petitioner does not know of a person not a party to the proceedings who has physical custody of
the child or claims to have custody or visitation rights with respect to the child.
9. The best interest and permanent welfare of the child will be served by granting the relief
requested because Petitioner is better able and willing to provide for the child's needs at this point in time
and specifically:
a. Petitioner has been the primary caretaker of the child while the parties were
living together. Petitioner has been the sole caretaker for the child since the
parties' separation.
b. The best interest of the child would be served by confirming that the Petitioner will
maintain primary physical custody of the child and providing for specific periods of
time that the child may enjoy with her father.
10. Each parent whose parental rights to the child have not been terminated and the person who has
physical custody of the child have been names as parties to this action. All other persons, named below who
are known to have or claim a right to custody or visitation of the child will be given notice of the pendency
of this action and right to intervene: None
WHEREFORE, Petitioner requests the Court to award partial residential custody of the child to
Petitioner.
Respectfully submitted,
KAYER & BROWN
1
Supreme Ct. 11-1). h508,
Liberty Loft
4 E Libeft? ? Avenue
Car We, PA 17013
(717)243-7922
Attorney for Petitioner
Date: i l Ib '1999
VERIFICATION OF PLEADINGS
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. The language of the document may, in part,
be the language of my counsel and not my own. I have read the statements made in this
document and to the extent that it is based upon information which I have given to my counsel,
it is true and correct to the best of my knowledge, information and belief. To the extent that the
contents of the statements are that of counsel, I have relied upon counsel in making this
Verification. 1 understand that false statements herein are made subject to the penalties of 18 PA.
C.S. § 4904, relating to unsworn falsification to authorities.
JG
Date: 1999
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ELIZABETH BARKER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALAN STEUART
DEFENDANT 99-4902 CIVIL ACTION LAW
IN CUSTODY
AND NOW, Tuesday, July 17, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 21, 2001 at 2••00 in.
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/ Dawn S. Sunday. Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any 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
fir.- mat trr.(,
(?O' Y t LLb, Agy
r
OUi 1 3 ?00j 1I
ELIZABETH BARKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
VS.
: NUMBER: 99-4902 CIVIL TERM
ALAN STEUART, : IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Motion, it is hereby
directed that the parties and their respective counsel appear before
the conciliator, at
on the _ day of , 2001, 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. 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.
BY THE COURT:
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.
COURT ADMINISTRATOR, 4th Floor
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
ELIZABETH BARKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
ALAN STEUART,
NUMBER: 99-4902 CIVIL TERM
Defendant : IN CUSTODY
MOTION TO MODIFY CUSTODY ORDER
NOW COMES the Plaintiff, ELIZABETH BARKER, by and through her
attorney, Charles E. Petrie, and respectfully represents as follows:
1. That Plaintiff is ELIZABETH BARKER, who currently resides at 123
York Street, Enola, County of Cumberland, Pennsylvania.
2. That Defendant is ALAN STEUART, who currently resides at 202
Widders Drive, Mechanicsburg, County of Cumberland, Pennsylvania.
3. That the parties are the natural parents of a minor child, ASHLEY
BARKER, born May 18, 1991.
4. That on October 4, 1999, the Honorable Edward E. Guido entered an
Order of Custody granting primary physical custody to Plaintiff and granting
rights of temporary physical custody to Defendant. A copy of said Order is
attached hereto.
5. That Defendant has been working on his weekends of temporary
physical custody and he has failed to utilize his two-week summer vacation
schedule.
6. That Plaintiff is relocating to Burlington, New Jersey and desires a new
schedule of temporary physical custody in Defendant.
WHEREFORE, Plaintiff requests that Your Honorable Court enter an
Order allowing Plaintiff to relocate to Burlington, New Jersey with said minor
child and enter a new order of temporary physical custody in Defendant.
Respectfully submitted,
tom."C,042?
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, Pennsylvania 17111
(717) 561-1939
Attorney for Plaintiff
ELIZABETH BARKER,
. Plaintiff
VS.
ALAN STEUART,
Defendant
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4902 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
_tk
AND NOW, this ?}-
day ofr,,,? 1999, upon
consideration of the attached Custcdy Conciliation Report, it is ordered
and directed as follows: ;
1. The Mother, Elizabeth Barker, and.the Father, Alan Steuart,
shall have shared legal custody of Ashley Barker, born May 18, 1991. Each
parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the Child's
general well-being including, but not limited to, all decisions regarding
her health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child
on alternating weekends, beginning October 1, 1999, from Friday at 6:00
p.m., when the Father shall pick up the Child from the Mother's residence,
until Sunday at 6:00 p.m., when the Mother shall pick up the Child from the
Father's residence.
During weeks following the Mother's period of weekend
custody, the Father shall also have custody of the Child from Monday, when
the Father shall pick up the Child at the school latch key program before
5:45 p.m. through Tuesday at 7:00 p.m., when the Mother shall pick up the
Child at the Father's residence. The Father shall be responsible'to take
the Child to school on Tuesday morning and also to pick up the Child at the
school latch key program on Tuesday by 5:45 p.m. The Father shall be
responsible for any late fees incurred on days when he is scheduled to pick
up the Child at the latch key program. In the event the Child has no
school, the mother may take the Child away for a long weekend on a Monday
which would otherwise be the Father's period of weekday custody, and the
Father's period of weekday custody shall be shifted to Tuesday through
Wednesday at the same time.
4. The parties shall share or alternate having custody of the
Child on holidays as arranged by mutual agreement.
5. The parties shall cooperate in scheduling a period of
custody for each party on or near the Child's birthday each year. ,
6. Each party shall be entitled to have custody of the Child
for two uninterrupted weeks during each summer school vacation upon
providing at least two weeks advance notice to the other party. The two
week periods of custody under this provision may be scheduled consecutively
or non-consecutively in accordance with each party's preference. The party
who first provides notice of his or her intention to exercise a period of
custody under this provision shall be given preference as to the dates
selected.
7. Both parties shall cooperate in making the Child available
for visits with both the maternal and paternal grandparents.
8. In the event either party intends to remove the Child from
the Commonwealth of Pennsylvania for anovernight period or longer, that
party shall provide the other party with an address and telephone number
where the Child can be reached as well as an anticipated return time.
9. Each party shall ensure that the other party has his or her
current address and telephone number.
10. In the event either party requires care for the Child during
his or her period of custody, that party shall first contact the other
party to provide that party with the opportunity to provide the care before
contacting third party babysitters.
11. Neither party shall drink alcohol to excess or use illegal
drugs immediately before or during his or her periods of custody with the
Child. Neither party shall drive under the influence of alcohol during his
or her periods of custody with the Child. Both parties shall take all
reasonable steps to ensure that third parties having contact with the Child
also comply with this provision.
12. Neither party shall do or say anything which may estrange the
Child from the other parent, injure the opinion of the Child as to the
other parent, or hamper the free and natural development of the Child's
love and respect for the other parent. Both parties shall take all
reasonable steps to ensure that third parties having contact with the Child
comply with this provision.
13. 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."
ill 711-11 BY THE COURT,
61 . tl,^ 1;.r" unto set my ha"rd
s.? r = d :lurt a
'This ..... S.t?,
9
? ................. .....
cc: James J. Kayeii'ho'"13ire - Counsel for mother
Jason P. Kutulakis, Esquire - Counsel for Father
ELIZABETH BARKER, . IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99-4902 CIVIL TERM
ALAN STEUART, CIVIL ACTION - LAW
Defendant CUSTODY
cos= CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMW AND 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
Ashley Barker May 18, 1991 Mother
2. A Conciliation Conference was held on September 28, 1999, with the
following individuals in attendance: The Mother, Elizabeth Barker, with
her counsel, James J. Kayer, Esquire and the Father, Alan Steuart, with his
counsel, Jason P. Kutulakis, Esquire.
3. The parties agreed to entry of an Order in the form as attached
7rf n ?C.w J? vn Js- 1 / ?2
r Dawn S. Sunday, Esquire
Da e Custody Conciliator
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I verify that the statements in the foregoing Motion 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.
7?GI? ' l JVAI
DATE / ELIB BETH L. BARKER
;? ? =? ?
,? a ?
M ?
..?t ?? ?
R2CEIVED MAR 152'A
ELIZABETH BARKER
Plaintiff
VS.
ALAN STEUART
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4902
CIVIL ACTION LAW
IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this 0 day of 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. A Hearin y,Is scheduled in Court Room No. 5 of the Cumberland County Courthouse on the
?r1 ? day of e" t2L 2006, at S93U o'clock A-. m., at which time testimony will
be taken. For purposes o the hearing, the Father, Alan Steuart, shall be deemed to 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 each party's position on custody, a list of witnesses who
are expected to testify at the hearing, and a summary of the anticipated testimony of each witness.
These memoranda shall be filed at least ten days prior to the hearing date.
2. Pending further Order of Court or agreement of the parties, the prior Orders of this Court
shall continue in effect.
BY THnURT, / j
Edward E. Guido J.
cc: aul J. Esposito, Esquire - Counsel for Father
:,Xerald S. Robinson, Esquire - Coun 1 for Mother
J
Ob
FILED-OFFICE
OF THE rr"7r n OTPRY
1006 P+AR 20 AH 10: 34
CUtol,_t C ,UVTY
ELIZABETH BARKER
Plaintiff
VS.
ALAN STEUART
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4902 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Ashley Barker May 18, 1991 Mother
2. A custody conciliation conference was held on March 7, 2006, with the following
individuals in attendance: The Mother, Elizabeth Stepp (formerly Barker), with her counsel, Gerald S.
Robinson, Esquire, and the Father, Alan Steuart, with his counsel, Paul J. Esposito, Esquire.
3. This Court previously entered an Order in this matter on October 4, 1999 under which the
Mother had primary physical custody of the Child and the Father had partial custody on alternating
weekends and on interim weekdays.
4. The Father filed this Petition to Modify seeking primary physical custody of the Child. The
parties were unable to reach an agreement at the conference and it will be necessary to schedule a
hearing on the primary physical custody issue. It should be noted that the Mother's counsel indicated
at the conference that the Mother was considering filing a request to transfer venue of this case as the
Father currently resides in Dillsburg and the Mother resides with the Child in Steelton. The Father's
counsel. indicated that the Father would oppose such a request, if filed. Subsequent to the conference, a
Petition for Transfer of Venue was filed by the Mother on March 8, 2006. As it is not clear whether
the Petition for Transfer was filed within 20 days of service of the original petition or whether
proceedings have been scheduled on the Petition for Transfer, the conciliator submits an Order in the
form as attached scheduling a hearing on the primaty custody issue for the Court's consideration and
future scheduling in the event the Court retains jurisdiction.
5. The Father's position on custody is as follows: The Father believes it would be in the Child's
best interest to reside in his primary care. According to the Father, the Child has persistently expressed
her preference to live with the Father. The Father believes there is conflict between the Child and the
Mother's husband and that the rules and atmosphere in the Mother's household are overly strict and are
detrimental to the Child. The Father indicated that the Child began discussing her preference to live
with him two years ago. The Father seeks primary physical custody of the Child.
6. The Mother's position on custody is as follows: The Mother does not believe it would be in
the Child's best interest to reside primarily in the Father's household. The Mother expressed concern
that the Child would be unsupervised for some periods at the Father's house and that there would be
insufficient discipline. The Mother indicated that the Child has not expressed a preference to the
Mother about transferring custody to the Father. According to the Mother, some of the problems
which have arisen with respect to the Child have resulted from the Father's conduct which undermines
her parenting. The Mother believes the Child should remain in her primary physical custody.
7. The conciliator recommends an Order in the form as attached scheduling a hearing date in
the event the Court retains jurisdiction over this custody matter. It is anticipated that the hearing will
require at least one-half day.
Date Dawn S. Sunday, Esquire
Custody Conciliator
Awl
ELIZABETH BARKER,
Plaintiff
VS.
ALAN STEUART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4902 CIVILACTIONLAW
IN CUSTODY
ORDER OF COURT
AND NOW, this /b44 day of 2001, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. Pending further order of Court or agreement of the parties, the prior Order of this Court
dated October 4, 1999 shall continue in effect.
2. The parties shall submit themselves, their minor Child, and any other individuals deemed
necessary by the evaluator, to a custody evaluation to be performed by a professional selected by
agreement of the parties. The purpose of the evaluation shall be to obtain independent professional
recommendations concerning ongoing custody arrangements which will best serve the interests of the
Child in light of the Mother's proposed relocation to New Jersey. All costs of the evaluation shall be
shared equally by the parties. The parties shall sign any authorizations deemed necessary by the
evaluator in order to obtain additional information pertaining to either the parties or the Child.
3. Counsel for either party may contact the Conciliator within 60 days of receipt of the
evaluator's written recommendations to schedule an additional Custody Conciliation Conference, if
necessary.
BY
Edward E.
Cc: Charles E. Petrie, Esquire - Counsel for Mother
Sandra L. Meilton, Esquire - Counsel for Father
Lu
J.
1 ..,r
G1g 10 P L.
CU1JO'ffZSEYLVANIANN
ELIZABETH BARKER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
ALAN STEUART,
Defendant
PRIOR JUDGE: Edward E. Guido
99-4902 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
follows: I. The pertinent information concerning the Child who is the subject of this litigation is as
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Ashley Barker May 18, 1991 Mother
2. A Conciliation Conference was held on September 4, 2001, with the following individuals
in attendance: The Mother, Elizabeth Barker, with her counsel, Charles E. Petp'e, Esquire and the
Father, Alan Steuart, with his counsel, Sandra L. Meilton, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
??3.
W
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ry W U C '? eD
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Sul
age m
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ELIZABETH BARKER IN TI IE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUN'T'Y, PENNSYLVANIA
V.
99-4902 CIVIL ACTION LAW
ALAN STEUART
DEFENDAN'T' IN C'US'TODY
ORDER OF COURT
AND NOW, Tuesday, July 13, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear belbre _ Dawn S. Sunday, Esq_ , the conciliator,
at 39 West Main Street, Mechanicsburg PA 17055 on Thursday, August 05, 2004 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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/ Dawn S. Sundav Esq mhc
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'1 HIS 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
20 Ti 1 3 (' ; :'; 2" B
G,: :iI I
7•/3 txl &V *,,, aly ?? 41,
713Z?K Ma? 1,
I .
JI II 0 6 2004 ?Y 5
ELIZABETH BARKER, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
ALAN STEUART,
ORDER OF COURT
AND NOW, this _ day of , 2004, upon consideration of the attached
Petition, it is hereby directed that the above parties and their respective counsel appear before -
, Esquire, the conciliator, at
Pennsylvania 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. Either party may bring the child who is the subject of this custody action to the
Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary
or permanent Order.
For the Court,
Date of Order:
Vs. NO. 99-4902 CIVIL TERM
Defendant CIVIL ACTION - CUSTODY
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
1-800-990-9108
ELIZABETH BARKER,
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4902 CIVIL TERM
ALAN STEUART,
Defendant
CIVIL ACTION - CUSTODY
PETITION TO MODIFY CUSTODY ORDER
The Petition to Modify Custody Order of Alan Steuart, by and through his counsel, Van
Eck & Van Eck, P.C. for Custody of Ashley Barker is as follows:
Petitioner is Alan Steuart ("Petitioner") who currently resides at 303 Harrisburg
Pike, Apt. 5, Dillsburg, York County, Pennsylvania 17019.
2. Respondent is Elizabeth Barker ("Respondent') whose current address 521 Herb
Lane, Enola, Cumberland County, Pennsylvania 17025.
3. The child who is the subject of this proceeding is Ashley Barker, age thirteen (13)
years, born to the Petitioner and Respondent on May 18, 1991.
4. On October 4, 1999, an Order was entered granting custody as follows:
a. Parties having shared legal custody;
b. Primary physical custody with Respondent;
C. Partial physical custody with Petitioner.
A true and correct copy of this Order is attached hereto and incorporated herein as Exhibit "A".
5. Respondent is in breach of the current Order, as she refuses to first contact
Petitioner to care for the child as required in paragraph 10 of the current Custody Order.
Respondent consistently leaves the child with her fianc6 without first contacting Petitioner.
6. Petitioner upon information and belief avers that Respondent has unilaterally
enrolled the minor child in the Central Dauphin School District for the 2004-2005 school year.
Respondent failed to confer with Petitioner with regard to changing the child
from the East Pennsboro School District to Central Dauphin School District in direct violation of
paragraph 1 of the current Custody Order.
8. Petitioner upon information and belief avers that Respondent is unilaterally
planning on moving with the minor child to Harrisburg.
9. Respondent has failed to confer with Petitioner with regard to such a move.
10. Petitioner believes and therefore avers that the best interest of the minor child will
be served by granting him primary physical custody for the following reasons:
a. Respondent is failing to abide by the current Order;
b. Respondent refuses to allow Petitioner to exercise his join legal custody of
the minor child; and
II
C. Petitioner can provide a more stable environment for the minor child.
Petitioner requests an Order modifying custody of the minor child such that
Petitioner has primary physical custody and Respondent has partial physical custody.
WHEREFORE, Alan Steuart, respectfully requests this Honorable Court to grant him
custody of the child, Ashley Barker, to Petitioner with Respondent having partial physical
custody pending the regular Custody Conciliation procedure and such other Orders as are
deemed just and proper.
Date: Cf 0? - QV
Respectfully submitted,
VAN ECK & VAN ECK, P.C.
my &AJ
Melissa L. Van Eck, Esquire
Attorney ID No.: 85869
7800 A Allentown Blvd.
Suite B.
Harrisburg, PA 17112
(717)540-5406
VERIFICATION
I, Alan Steuart, verify that the statements made in the foregoing
Petition to Modify Custody are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are mad subject to the penalties of 18 Pa. C.S.
§4904, relating to unworn falsification to authorities.
Date: ??Z2 6 <
Alan Steuart
N
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CJ -
A
q l? 24
tOi? ? N
ELIZABETH BARKER : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALAN STEUART : NO. 1999-4902 CIVIL TERM
ORDER OF COURT
AND NOW, this 17TH day of MAY, 2006, upon consideration of Plaintiffs
Petition for Transfer of Venue and Defendant's Response thereto, the Petition is
DENIED.
the Court,
J.
Xerald S. Robinson, Esquire
4407 North Front Street
P.O. Box 5320
Harrisburg, Pa. 17110-1709
t4abeth Barker
11073 Rn Avenue
Steelton, Pa. 17113
V ail J. Esposito, Esquire
320 Market Street
P.O. Box 1268
Harrisburg, Pa. 17108-1268
S
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OF TI;c i.
28L61iai 19 lot 09
6-A°
O
-f NOV 1 7 2004 ? V
ELIZABETH BARKER
Plaintiff
VS.
ALAN STEUART
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4902
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this I day of t r "' _ , 2004, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The parties shall participate in a course (with a minimum of four sessions) of therapeutic
family counseling at InterWorks. The purpose of the counseling shall be to assist the parties in
improving communications and cooperation to enable them to effectively co-parent their Child. The
parties shall follow the recommendations of the counselor with regard to participation by the Child in
the family counseling. The Father shall be responsible to pay all costs of the counseling which are not
covered by insurance.
2. Within 90 days of the date of this Order, counsel for either party may contact the conciliator
to schedule an additional custody conciliation conference, if necessary.
3. Pending further agreement of the parties or Order of Court, the prior Order of this Court
dated October 4, 1999, shall continue in effect.
BY T COURT,
cc: Lierald S. Robinson, Esquire - Counsel for Mother
, IMelissa L. Van Eck, Esquire - Counsel for Father
J .
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;?,1 •; ',
r'
ELIZABETH BARKER
Plaintiff
VS.
ALAN STEUART
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4902 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT'
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Ashley Barker May 18, 1991 Mother
2. A conciliation conference was initially held in this matter on August 6, 2004 on the Father's
Petition to Modify the existing Order dated October 4, 1999. The following individuals were in
attendance at the conference: The Mother, Elizabeth Barker, with her counsel, Gerald S. Robinson,
Esquire, and the Father, Alan Steuart, with his counsel, Melissa L. Van Eck, Esquire.
3. At the conclusion of the conference in August, the parties agreed that they would initiate co-
parenting counseling for which the Father would obtain contact information. The parties also agreed
that the Mother would contact the East Pennsboro School District to determine if the Child's
enrollment could be continued there following the Mother's anticipated move to reside at her
husband's residence in a different school district. It was agreed that the conciliator would hold this
matter pending receipt of the follow-up information. Subsequently, a telephone conference was held
on November 11, 2004 between the conciliator and both parties' respective attorneys. Various issues
were discussed during the telephone conference and it was agreed that an Order only as to participation
in counseling is necessary at this time with provision for a follow-up conciliation conference if
necessary.
f
4. The conciliator recommends an Order in the form as attached as discussed and agreed upon
between the parties' counsel.
L)6 Ce ct- / 5 cx) c!
Date
Dawn S. Sunday, Esquire
Custody Conciliator
ELIZABETH BARKER IN THE. COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALAN STEUART
99-4902 CIVIL ACTION LAW
DEFENDANT IN CUSTODY
ORDER OF COUR
AND NOW, Tuesday, February 07, 2006 _, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq.
at 39 West Main Street Mechanicsburg PA 17055 on Tuesday, March 07, 2006 at 11:30 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/ Dawn S. Sunday, Es
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
33 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
the conciliator,
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ELIZABETH BARKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-4902 Civil Term
ALAN STEUART, : CIVIL ACTION-LAW
Defendant . IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2006, upon consideration of the attached
PETITION TO MODIFY ORDER OF CUSTODY, it is directed that the parties and their respective counsel appear
before the Custody Conciliator, on the day of
, 2006, at o'clock, _.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. Either party may bring the Child who is the subject of this
custody action to the Conference, but the child/children's attendance is not mandatory. Failure to appear 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.
FORTHECOURT:
By:
Custody Conciliator
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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN
ATTORNEY, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
cc: Elizabeth Barker, Plaintiff
Paul J. Esposito, Esquire, Attorney for Petitioner/Defendant
Pool 1. Espmito, Esquire
I.D. 826464
GOLDBERG KATZMAN, 11 . C.
320 Merkn Street
P. O. Box 1268
llmshurg, PA 17108-1268
(717)234.4161;(717)234.4161(recsimile)
Cnmvel/ , Paaloner /Al•mlurrt
ELIZABETH BARKER, : M THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-4902 Civil Term
ALAN STEUART, : CIVIL ACTION- LAW
Defendant : IN CUSTODY
PETITION TO MODIFY ORDER OF CUSTODY
AND NOW, Defendant, by and through his attorneys Goldberg Katzman, P.C., and Paul
J. Esposito, Esquire, files this Petition to Modify Order of Custody, and in support thereof, avers
the following:
Defendant is Alan Steuart, Father, who currently resides at 303 Harrisburg Pike,
Apartment 5, Dillsburg, York County, Pennsylvania.
2. Plaintiff is Elizabeth Stepp, formerly Elizabeth Barker, Mother, who currently
resides at 1107 3`d Avenue, Steelton, Dauphin County, Pennsylvania.
3. The parties hereto are the parents of one (1) minor child, ASHLEY BARKER,
bom May 18, 1991.
4. On October 4, 1999, the Honorable Edward E. Guido issued an Order granting the
parties shared legal custody, and further granted Plaintiff primary physical custody and father
certain rights of partial physical custody. A true and correct copy of said Order is attached
hereto, made a part hereof and marked Exhibit "A."
3. On September 10. 2001. Judge Guido issued an additional Order, which did not
alter the terms of the Order of October 4, 1999. A true and correct copy of said Order is attached
hereto, made a part hereof and marked Exhibit -13 "
6. On November 18. 2004, Judge Guido issued an Order, which did not alter the
terms of the Order of October 4. 1999. A true and correct copy of said Order is attached hereto.
made a part hereof and marked Exhibit "C'."
'rhe hest interests and permanent welfare of Ashley will be served by a
modification of the Order of October 4. 1999. More specifically. Ashley's hest interests will be
served by granting primary physical custody to Defendant.
8. Ashley has expressed an unwavering and persistent preference to reside primarily
with her father.
9. Conditions in Plaintiffs residence are such that they do not serve Ashley's best
interests, and Defendant's household situation would he far more conducive to promoting
Ashley's best interests and permanent welfare.
WHFREFORF, Defendant respectfully requests that this Honorable court modify its
Order of October 4. !()99. and to the extent necessary, the additional Orders which have been
issued subsequent thereto, so that Defendant will have primary physical custody of Ashley.
Date: _ I r tI , I t
Respectfully submitted,
GOLDBERG I,MAN.,f'•c•
Paul .I. F. 'osi
Attorneyl.D. N25454
120 Market Street
p.O. f3ox 1268
llarrisburg, PA 17109-1268
(717) 214-4161
Nclilirrnrl'/I hr/enrlurll
:hlrrrne v vin.
VERIFICATION
I verify that the statements contained in the foregoing PETITION TO MODIFY ORDER
OF CUSTODY ORDER are true and correct to the best of my knowledge, information and
belief. I understand that false statements contained herein are made subject to the penalties of 18
Pa. C.S. Section 4904 relating to unswom falsification to authorities.
Date: 2L_,2? G6-
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ALANSTEUART
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Goldberg Katzman, P.C.
320 Marko Street, Sir wbeny Square
Post OOlec Box 1268
Ilarrisburg,PA 17109-1268
(717) 2344161
Attemerx Gn Ue/au6nl
ELIZABETH BARKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. . NO. 99-4902 Civil Term
ALAN STEUART, CIVIL ACTION - LAW
Defendant IN CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Personally appeared before me, a Notary Public, in and for said Commonwealth and
County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and
says that on February 17, 2006, he sent a copy of the Petition to Modify Order of Custody by
certified mail, return receipt requested, to Elizabeth Barker, at 1107 3`d Avenue, Steelton,
Pennsylvania 17113, and the return receipt card signed by Elizabeth Stepp, f/k/a Elizabeth
Barker, is attached hereto and made a part hereof.
_ 14--
PAUL J. E OSI O, ESQUIRE
Sworn to and subscribed before me
this day of 2006.
-SAy A. Mar ,Notary Public
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RECEIVED
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GERALD S. ROBINSON, ESQUIRE
Robinson & Geraldo
Sup. Ct. I.D. No. 27432
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525 - Phone
(717) 232-5098 - Fax
gobinsone,robinson-geraldo.com
ELIZABETH BARKER,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALAN STEUART,
Defendant.
NO. 99-4902
CIVIL ACTION- CUSTODY
PLAINTIFF'S PRE-HEARING MEMORANDUM
SUBMITTED BY: Gerald S. Robinson, Esquire COUNSEL FOR: Elizabeth Barker
Plaintiff and Defendant in the above-captioned action are the mother and father of
one minor child named Ashley E. Barker, bom May 18, 1991.
Defendant filed a Petition for Modification on February 2, 2006 in an effort to gain
primary physical custody of the minor child. Prior to the filing of said Petition, Plaintiff enjoyed
shared legal and primary physical custody of Ashley, as evidence by the current Order, still in
effect, dated October 14, 1999.
Plaintiff believes that it is in the best interest of the minor child that she remain the
primary caretaker and a transfer of primary physical custody to Defendant would be detrimental
to the child's welfare. Despite Defendant proffering the minor child's expressed preference to
live with him, the reasons compelling the child to take this position are due to the lack of
discipline and structure provided in Defendant's care. Defendant lacks authoritativeness when
providing guidelines and boundaries. The absent parental structure that exists while the minor
child is in Defendant's care allows the minor child to engage in activities that would result in
harm to her person and development.
The alleged conflict present between Plaintiffs husband and the minor child stem from
both the Plaintiff and Plaintiffs husband's attempt to establish and maintain a system of rules for
the minor child to follow. These rules include requiring the minor child to finish her homework
before exercising television privileges and asking permission before going out with friends.
These rules also include keeping the Plaintiff apprised to where the minor child is and who she is
with when not in the Plaintiff s custody. The fact that the minor child and Defendant would be
the only occupants in Defendant's home bolsters the argument that there is a lack of supervision
when the minor child is in Defendant's care. Plaintiffs boundaries appear unfoundedly stifling
when juxtaposed to the lax rules set out by Defendant.
Plaintiff asserts to the Court that she remains to be the more stable parent and continues
to provide the proper discipline and home environment.
Plaintiff expects to testify at the custody hearing and does not anticipate calling
additional witnesses. Although Plaintiff does not object to the Court interviewing the minor
child regarding her preference, it is urged that the Court ascertain the motivations behind the
minor child's reasons for wanting to live with Defendant and make an assessment as to the
appropriateness of her rationale.
Respectfully submitted,
ROBINSON & GERALDO
Date: $'J 1)°U By:
Gerald S. Robinson, Esquire
Robinson & Geraldo
Sup. Ct. I.D. No. 27423
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525 - Phone
(717) 232-5098 - Fax
grobinson rt7i robinson-geraldo.com
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Jaime D. Wassmer, Esquire, do hereby certify that on the 914' day ofhqnje>`
2006,1 caused a true and correct copy of the Pre-Hearing Memorandum to be served upon the
following individual(s) by fax and first class mail by depositing same in the United States,
postage prepaid, in Harrisburg, Pennsylvania.
Paul J. Esposito, Esq.
Goldberg Katzman, PC
320 Market Street
P.O. Box 1268
Harrisburg, PA 171087
Respectfully submitted,
ROBINSON & GERALDO
BY: • W 0L??
Jai e . Wassmer, Esquire
4
ELIZABETH BARKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS NO. 99-9902 CIVIL TERM
ALAN STEUART, CIVIL ACTION - LAW
Defendant CUSTODY
ORDER OF COURT
AND NOW, this 10th day of August, 2006, after hearing,
all prior custody orders are vacated and replaced with the
following:
1. The Mother, Elizabeth Stepp, formerly Barker, and
the Father., Alan Steuart, shall have shared legal custody of Ashley
Barker, born May 18, 1991. Each parent shall have an equal right,
to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Child's general well-being
including, but not limited to, all decisions regarding health,
education, and religion.
2. Primary physical custody.
A. During the school year [the Wednesday
before school starts until the day after school ends] Father shall
have primary physical custody of the Child subject to periods of
partial physical custody in Mother as follows:
i. Every other weekend from Friday at
5:00 p.m. through Sunday at 6:00 p.m. to correspond with the
weekends that Stepfather's children are visiting.
ii. On the Monday after Father's weekend
from after school until 8:00 p.m. Provided, however, that mother
may, if she wishes, keep the child overnight so as long as she can
make arrangement to get her to school on Tuesday morning.
B. During the summer [the day after school ends
until the Wednesday before school starts] Mother shall have primary
physical custody of the Child subject to periods of partial
physical custody in Father as follows:
i. Every other weekend from Friday at
5:00 p.m. through Sunday at 6:00 p.m. to correspond with the
weekends that Stepfather's children are not visiting.
ii. On the Monday following Mother's
weekend from after Father's work until 5:95 p.m. on Tuesday.
C. The receiving parent shall provide the
transportation.
3. The parties shall share or alternate having
custody of the Child on holidays as arranged by mutual agreement.
9. The parties shall cooperate in scheduling a period
of custody for each party on or near the Child's birthday each
year.
the CoArt,
Edward E. Guido, J.
5. Each party shall be entitled to have custody of
the Child for one uninterrupted week during each summer school
vacation upon providing at least two weeks' advance notice to the
other party. The party who first provides notice of his or her
intention to exercise a period of custody under this provision
shall be given preference as to the dates selected.
6. Each party shall ensure that the other party has
his or her current address and telephone number.
7. Neither party shall drink alcohol to excess or use
illegal drugs immediately before or during his or her periods of
custody with the Child. Neither party shall drive under the
influence of alcohol during his or her periods of custody with the
Child. Both parties shall take all reasonable steps to enure that
third parties having contact with the Child also comply with this
provision.
8. Neither party shall do or say anything which may
estrange the Child from the other parent, injure the opinion of the
Child as to the other parent, or hamper the free and natural
development of the Child's love and respect for the other parent.
Both parties shall take all rea e steps to ensure that third
parties having contact wi ?tL-ttie child omply with this provision.
Gerald Robinson, Esquire
Robinson & Geraldo
4407 North Front Street
Harrisburg, PA 17110
For Plaintiff
Paul J. Esposito, Esquire
Goldberg Katzman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
For Defendant
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Paul 1. Esposito, Esquire
I.D. 425454
GOLDBERG KATZMAN, P C
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161; (777) 234-4161 (facsimile)
Counsel for Pauwuer/Defendonl
ELIZABETH BARKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4902 Civil Term
ALAN STEUART, CIVIL ACTION -LAW
Defendant IN CUSTODY
PETITION TO MODIFY ORDER OF CUSTODY
AND NOW, Defendant, by and through his attorneys Goldberg Katzman, P.C., and Paul
J. Esposito, Esquire, files this Petition to Modify Order of Custody, and in support thereof, avers
the following:
Defendant is Alan Steuart, Father, who currently resides at 303 Harrisburg Pike,
Apartment 5, Dillsburg, York County, Pennsylvania.
2. Plaintiff is Elizabeth Stepp, formerly Elizabeth Barker, Mother, who currently
resides at 1107 3rd Avenue, Steelton, Dauphin County, Pennsylvania.
The parties hereto are the parents of one (1) minor child, ASHLEY BARKER,
born May 18, 1991.
4. On October 4, 1999, the Honorable Edward E. Guido issued an Order granting the
parties shared legal custody, and further granted Plaintiff primary physical custody and father
certain rights of partial physical custody. A true and correct copy of said Order is attached
hereto, made a part hereof and marked Exhibit "A."
On September 10, 2001, Judge Guido issued an additional Order, which did not
alter the terms of the Order of October 4, 1999. A true and correct copy of said Order is attached
hereto, made a part hereof and marked Exhibit "B."
6. On November 18, 2004, Judge Guido issued an Order, which did not alter the
terms of the Order of October 4, 1999. A true and correct copy of said Order is attached hereto,
made a part hereof and marked Exhibit "C."
The best interests and permanent welfare of Ashley will be served by a
modification of the Order of October 4, 1999. More specifically, Ashley's best interests will be
served by granting primary physical custody to Defendant.
8. Ashley has expressed an unwavering and persistent preference to reside primarily
with her father.
9. Conditions in Plaintiff's residence are such that they do not serve Ashley's best
interests, and Defendant's household situation would be far more conducive to promoting
Ashley's best interests and permanent welfare.
WHEREFORE, Defendant respectfully requests that this Honorable Court modify its
Order of October 4, 1999, and to the extent necessary, the additional Orders which have been
issued subsequent thereto, so that Defendant will have primary physical custody of Ashley.
Respectfully submitted,
GOL ERG ZMA,N/, P.C.
Paul J. E osi?ff
Attorney`T.D.`9#25454
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Date: I 1 ?} G Attorney for Petitioner/Defendant
1
VERIFICATION
I verify that the statements contained in the foregoing PETITION TO MODIFY ORDER
OF CUSTODY ORDER are true and correct to the best of my knowledge, information and
belief. I understand that false statements contained herein are made subject to the penalties of 18
Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
ALAN STEUART
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ELIZABETH BARKER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 99-4902 CIVIL ACTION LAW
ALAN STEUART
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, February 07, 2006 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, March 07, 2006 at 11:30 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,
I
By: /s/ Dawn S. Sunday, Esg.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of' 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
/r'' 4?7 1(2 --9 r
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Paul J. Esposito
I.D. #25454
Goldberg Katzman, P.C.
320 Market Street, Strawberry Square
Post Office Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
ELIZABETH BARKER,
Plaintiff
ALAN STEUART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 99-4902 Civil Term
CIVIL ACTION - LAW
IN CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Personally appeared before me, a Notary Public, in and for said Commonwealth and
County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and
says that on February 17, 2006, he sent a copy of the Petition to Modify Order of Custody by
certified mail, return receipt requested, to Elizabeth Barker, at 1107 3?d .Avenue, Steelton,
Pennsylvania 17113, and the return receipt card signed by Elizabeth Stepp, f/k/a Elizabeth
Barker, is attached hereto and made a part hereof.
Sworn to and subscribed before me
this y; 'day of 2006.
y A. Mar ,Notary Public
My Commission Expires: 9-? I l
PAUL J. EVOS? TO, ESQUIRE
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1. Article Addressed to:
Elizabeth Barker
1107 3rd Avenue
Steelton, PA 17113
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GERALD S. ROBINSON, ESQUIRE
Robinson & Geraldo
Sup. Ct. I.D. No. 27432
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525 - Phone
(717) 232-5098 - Fax
grobinsonCarobinson-peraldo.com
ELIZABETH BARKER, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4902
ALAN STEUART,
Defendant. : CIVIL ACTION- CUSTODY
PETITION FOR TRANSFER OF VENUE
AND NOW, comes Plaintiff, Elizabeth Barker, by and through her attorney, Gerald S.
Robinson, Esquire, and the law firm of Robinson & Geraldo, hereby file the instant Motion for
Change of Venue and in support thereof aver as follows:
Plaintiff is Elizabeth Barker ("Mother"), the biological mother of the child subject to the
instant custody action.
2. Defendant is Alan Steuart ("Father"), the biological father of the child subject to the
instant custody action.
3. On October 14, 1999, the Court of Common Pleas of Cumberland County entered a
custody order between the parties concerning their child, Ashley Barker, bom May 18, 1991
granting Mother primary physical custody of the child.
4. Father currently resides at 303 Harrisburg Pike, Apartment 5, Dillsburg, York County,
Pennsylvania.
5. Mother and child currently reside at 1107 3m Avenue, Steelton, Dauphin County,
Pennsylvania.
6. Mother and child have resided in Dauphin County for at least the past six (6) months.
In light of Mother and child's residence in Dauphin County, neither party nor the child
remain residents of Cumberland County.
8. In accordance with Rule 1915.2(d) of the Rules of Civil Procedure, the Court
may, upon petition of any party, and for the convenience of the parties and witnesses to the
action, transfer an action to an appropriate court of any other county where the action could be
brought at the time the petition to transfer venue is filed.
9. With Mother and child now residing in Dauphin County, the Court should
transfer venue of the instant custody action to the Court of Common Pleas of Dauphin County
based on, inter alia, the following:
a. Dauphin County is now a convenient forum given the fact that one of
the parties and the child now reside therein;
10. Based on the foregoing, the Plaintiff, Elizabeth Barker, requests the Court to transfer the
action to Dauphin County for adjudication.
I
WHEREFORE, Plaintiff requests the Court to transfer the instant custody action to
Dauphin County in accordance with Rule 1915.2 of the Pennsylvania Rules of Civil Procedure.
Date:
Respectfully submitted,
By: vc?U? O Or,
Gerald S. Robinson, Esquire
Robinson & Geraldo
4407 N. Front Street
P.O. Box 5320
Harrisburg, Pa 17110
Telephone (717) 232-8525
Counsel for Plaintiff
CERTIFICATE OF SERVICE
I, Jaime D. Wassmer, Esquire, do hereby certify that on the IV day of
M o rc h , 2006, I caused a true and correct copy of the Order to be served upon the
following individual by first class mail by depositing same in the United States, postage prepaid,
in Harrisburg, Pennsylvania.
Paul J. Esposito, Esquire
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Respectfully submitted,
ROBINSON & GERALDO
By. i
Jai D. Wassmer, Esquire
Attorney I.D. No. 200705
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
ATTORNEY VERIFICATION
Undersigned counsel, Gerald S. Robinson, Esquire, hereby verifies and states that:
1. The office of Robinson & Geraldo is the attorney of record for Elizabeth Barker,
Plaintiff,
2. He is authorized to make this verification on her behalf.
3. The facts set forth in the foregoing motion are known to his and not
necessarily to his client.
4. The facts set forth in the foregoing motion are true and correct to the best
of his knowledge, information and belief.
5. He is aware that false statements here in are made subject to the penalties
of 18 Pa.C.S. 4904 relating to unworn falsification to authorities.
Date: ?! Qi`0(1 Gerald S. Robinson, Esquire
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R1'1..,--iVED MAR 15 2 `, `?
ELIZABETH BARKER
Plaintiff
vs.
ALAN STEUART
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4902
CIVIL ACTION LAW
IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this day of M 6,t ? , 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. A Hearing is scheduled in Court Room No. 5 of the Cumberland County Courthouse on the
day of M , 2006, at &*30 o'clock A---m., at which time testimony will
be taken. For purposes o the hearing, the Father, Alan Steuart, shall be deemed to 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 each party's position on custody, a list of witnesses who
are expected to testify at the hearing, and a summary of the anticipated testimony of each witness.
These memoranda shall be filed at least ten days prior to the hearing date.
2. Pending further Order of Court or agreement of the parties, the prior Orders of this Court
shall continue in effect.
BY TH `COURT,
Edward E. Guido J.
cc:aul J. Esposito, Esquire - Counsel for Father
?6erald S. Robinson, Esquire - Coun 1 for Mother
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ELIZABETH BARKER
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4902 CIVIL ACTION LAW
ALAN STEUART
Defendant
IN CUSTODY
Prior Judge: Edward E. Guido
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
Ashley Barker May 18, 1991
Mother
2. A custody conciliation conference was held on March 7, 2006, with the following
individuals in attendance: The Mother, Elizabeth Stepp (formerly Barker), with her counsel, Gerald S.
Robinson, Esquire, and the Father, Alan Steuart, with his counsel, Paul J. Esposito, Esquire.
3. This Court previously entered an Order in this matter on October 4, 1999 under which the
Mother had primary physical custody of the Child and the Father had partial custody on alternating
weekends and on interim weekdays.
4. The Father filed this Petition to Modify seeking primary physical custody of the Child. The
parties were unable to reach an agreement at the conference and it will be necessary to schedule a
hearing on the primary physical custody issue. It should be noted that the Mother's counsel indicated
at the conference that the Mother was considering filing a request to transfer venue of this case as the
Father currently resides in Dillsburg and the Mother resides with the Child in Steelton. The Father's
counsel indicated that the Father would oppose such a request, if filed. Subsequent to the conference, a
Petition for Transfer of Venue was filed by the Mother on March 8, 2006. As it is not clear whether
the Petition for Transfer was filed within 20 days of service of the original petition or whether
proceedings have been scheduled on the Petition for Transfer, the conciliator submits an Order in the
form as attached scheduling a hearing on the primary custody issue for the Court's consideration and
future scheduling in the event the Court retains jurisdiction.
5. The Father's position on custody is as follows: The Father believes it would be in the Child's
best interest to reside in his primary care. According to the Father, the Child has persistently expressed
her preference to live with the Father. The Father believes there is conflict between the Child and the
Mother's husband and that the rules and atmosphere in the Mother's household are overly strict and are
detrimental to the Child. The Father indicated that the Child began discussing her preference to live
with him two years ago. The Father seeks primary physical custody of the Child.
6. The Mother's position on custody is as follows: The Mother does not believe it would be in
the Child's best interest to reside primarily in the Father's household. The Mother expressed concern
that the Child would be unsupervised for some periods at the Father's house and that there would be
insufficient discipline. The Mother indicated that the Child has not expressed a preference to the
Mother about transferring custody to the Father. According to the Mother, some of the problems
which have arisen with respect to the Child have resulted from the Father's conduct which undermines
her parenting. The Mother believes the Child should remain in her primary physical custody.
7. The conciliator recommends an Order in the form as attached scheduling a hearing date in
the event the Court retains jurisdiction over this custody matter. It is anticipated that the hearing will
require at least one-half day.
lrxn c_ / 3? j cy, (o -, ? -4 ?-
Date Dawn S. Sunday, Esquire
Custody Conciliator
r
ELIZABETH BARKER IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALAN STEUART : NO. 1999 - 4902 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 23RD day of MARCH, 2006, a Rule is issued upon Defendant to
Show Cause why Plaintiff's "Petition for Transfer of Venue" should not be granted.
Rule returnable ten (10) days after service.
B e Court,
Edward E. Guido, J.
emerald S. Robinson, Esquire
Jaime D. Wassmer, Esquire
For the Plaintiff
V?'aul J. Esposito, Esquire
For the Defendant
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Paul 1. Esposito, Esquire
1. D. #25454
GOLDBERG KATZMAN, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161, (717) 234-4161 (facsimile)
Cnvnsel for Defendant
ELIZABETH BARKER,
Plaintiff
v
ALAN STEUART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4902 Civil Term
CIVIL ACTION - LAW
IN CUSTODY
ANSWER TO PETITION FOR TRANSFER OF VENUE
AND NOW, comes the Defendant, Alan Steuart, by and through his counsel, Goldberg
Katzman, P.C. and Paul J. Esposito, Esquire, and files the within Answer to Petition for Transfer
of Venue, and in support thereof avers as follows:
1. Admitted.
2. Admitted.
3. Admitted. The order of October 14, 1999, also awarded specified partial physical
custody to Defendant. Said order was the first of three (3) orders issued by this Court in this
case. The subsequent orders were issued on September 10, 2001 and November 18, 2004.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Denied. This action should not be transferred to Dauphin County. Dauphin
County may be a marginally more convenient forum than Cumberland County; however, any
perceived inconvenience is decisively outweighed by the value of having the Court which has
issued three (3) orders in this matter over a period of six (6) years remain involved in this case.
Moreover, this matter will be needlessly delayed if the request for transfer is granted.
10. Defendant requests that this Court deny Plaintiff's Petition.
WHEREFORE, Defendant respectfully requests that this Honorable Court deny
Plaintiff's Petition for Transfer of Venue to Dauphin County.
GOLDBERG KATZMAN, P.C.
PAUL J.(?ESPPSITO
Supreme Court ID 425454
320 Market Street
P.O. Box 1268
Date: b
Harrisburg, PA 17108-1268
Attorneys for Defendant
:: ODMAI PCDOCYDOCSV 33149V
CERTIFICATE OF SERVICE
On this day of ' 2006, I certify that a copy of the foregoing
document was served upon the following party of record by delivering same in the manner
indicated, addressed as follows:
VIA FIRST CLASS MAIL
Gerald Robinson, Esquire
Robinson & Geraldo
4407 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
GOLDBERG KATZMAN, P.C.
Paul J. E1 pos'
Supre Court ID #25454
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ELIZABETH BARKER IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. :
ALAN STEUART NO. 1999 - 4902 CIVIL TERM
ORDER OF COURT
AND NOW, this 17TH day of MAY, 2006, upon consideration of Plaintiff's
Petition for Transfer of Venue and Defendant's Response thereto, the Petition is
DENIED.
the Court,
Edward E. Guido, J.
Xrald S. Robinson, Esquire
4407 North Front Street
P.O. Box 5320
Harrisburg, Pa. 17110-1709
izabeth Barker
11073 RD Avenue
Steelton, Pa. 17113
ul J. Esposito, Esquire
320 Market Street
P.O. Box 1268
Harrisburg, Pa. 17108-1268
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ELIZABETH BARKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4902 Civil Term
ALAN STEUART, CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, to wit, this day of 1"f / 2006, it is hereby Ordered
that the hearing scheduled in the above-referenced matter before The Honorable Edward E.
Guido, for the 19th day of May, 2006, commencing at 8:30 a.m., is hereby continued and shall be
held on the /Q of A&fo Ldf , 2006, at , Courtroom No. 3
DiuX.SCIAV /•!n-
Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania.
J.
cc:
X 1 J. Esposito, Esquire
7erald S. Robinson, Esquire`s
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Paul J. Esposito, Esquire
I.D. #25454
GOLDBERG KATZMAN, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717)2344161;(717)234-4161(facsimile)
Counsel for Defendant
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ELIZABETH BARKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4902 Civil Term
ALAN STEUART, CIVIL ACTION - LAW
Defendant IN CUSTODY
MOTION TO CONTINUE HEARING
AND NOW, comes the Defendant, Alan Steuart, by and through his counsel, Goldberg
Katzman, P.C. and Paul J. Esposito, Esquire, and moves as follows:
1. Movant is the Defendant, Alan Steuart, in the above-captioned case.
2. Respondent is the Plaintiff, Elizabeth Barker, in the above-captioned case.
3. A hearing is scheduled for May 19, 2006, commencing at 8:30 a.m., before The
Honorable Edward E. Guido.
4. Counsel for Movant, has a previously scheduled vacation beginning May 18,
2006 and ending May 22, 2006.
5. Counsel for the parties have concurred and mutually agreed to continue the
hearing.
6. Counsel for Movant would not be available for hearing on the following dates:
May 22 to May 26, 2006; June 2, 5, 19, 30, 2006; July 5, 2006; or August 1, 3, 4, 7-9, 2006.
CERTIFICATE OF SERVICE
On this day of ?toy , 2006, I certify that a copy of the foregoing
document was served upon the following party of record by delivering same in the manner
indicated, addressed as follows:
VL4 FIRST CLASS MAIL
Gerald Robinson, Esquire
Robinson & Geraldo
4407 North Front Street
Harrisburg, PA 17110
Attorney for Respondent/Plaintiff
GOLDBERG KATZMAN, P.C.
Paul J.,tseurt to
Supreme ID #25454
ELIZABETH BARKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS NO. 99-4902 CIVIL TERM
ALAN STEUART, CIVIL ACTION - LAW
Defendant CUSTODY
ORDER OF COURT
AND NOW, this 10th day of August, 2006, after hearing,
all prior custody orders are vacated and replaced with the
following:
1. The Mother, Elizabeth Stepp, formerly Barker, and
the Father, Alan Steuart, shall have shared legal custody of Ashley
Barker, born May 18, 1991. Each parent shall have an equal right,
to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Child's general well-being
including, but not limited to, all decisions regarding health,
education, and religion.
2. Primary physical custody.
A. During the school year [the Wednesday
before school starts until the day after school ends] Father shall
have primary physical custody of the Child subject to periods of
partial physical custody in Mother as follows:
i. Every other weekend from Friday at
5:00 p.m. through Sunday at 6:00 p.m. to correspond with the
weekends that Stepfather's children are visiting.
ii. On the Monday after Father's weekend
from after school until 8:00 p.m. Provided, however, that mother
may, if she wishes, keep the child overnight so as long as she can
make arrangement to get her to school on Tuesday morning.
B. During the summer [the day after school ends
until the Wednesday before school starts] Mother shall have primary
physical custody of the Child subject to periods of partial
physical custody in Father as follows:
i. Every other weekend from Friday at
5:00 p.m. through Sunday at 6:00 p.m. to correspond with the
weekends that Stepfather's children are not visiting.
ii. On the Monday following Mother's
weekend from after Father's work until 5:45 p.m. on Tuesday.
C. The receiving parent shall provide the
transportation.
3. The parties shall share or alternate having
custody of the Child on holidays as arranged by mutual agreement.
4. The parties shall cooperate in scheduling a period
of custody for each party on or near the Child's birthday each
year.
y?.
5. Each party shall be entitled to have custody of
the Child for one uninterrupted week during each summer school
vacation upon providing at least two weeks' advance notice to the
other party. The party who first provides notice of his or her
intention to exercise a period of custody under this provision
shall be given preference as to the dates selected.
6. Each party shall ensure that the other party has
his or her current address and telephone number.
7. Neither party shall drink alcohol to excess or use
illegal drugs immediately before or during his or her periods of
custody with the Child. Neither party shall drive under the
influence of alcohol during his or her periods of custody with the
Child. Both parties shall take all reasonable steps to enure that
third parties having contact with the Child also comply with this
provision.
8. Neither party shall do or say anything which may
estrange the Child from the other parent, injure the opinion of the
Child as to the other parent, or hamper the free and natural
development of the Child's love and respect for the other parent.
Both parties shall take all rea e steps to ensure that third
parties having contact wit e child omply with this provision.
y the
Edward E. Guido, J.
Gerald Robinson, Esquire
Robinson & Geraldo
4407 North Front Street
Harrisburg, PA 17110
For Plaintiff
Paul J. Esposito, Esquire
Goldberg Katzman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
For Defendant
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