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Home My WebLink About06-1079JEREMIAH HART, PLAINTIFF V. HEATHER HART, DEFENDANT COMPLAINT FOR CUSTODY 1. The Plaintiff is Jeremiah Hart residing at 125 Ambleside Drive, York, Pennsylvania, 17402. 2. The Defendant is Heather Hart, residing at 25 North East Street, Apartment 1, Carlisle, PA 17013. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. " doDa _10-6 CUSTODY ACTION 3. Plaintiff seeks custody of the following child: Name Present Residence Age Hayleigh Alexandra Hart 25 North East Street Carlisle, PA 17013 4. Hayleigh was born out of wedlock. 5. The child is presently in the custody of both Plaintiff and Defendant and is living between the both of them. 6. During the past two (2) years, the child has resided with the following 2 (DOB: 4115103) persons and at the following addresses: PERSONS Defendant Defendant ADDRESSES 25 North East Street Carlisle, PA 17013 22 Meadow Drive Geneseo, NY DATES 12/19/05-Present 12/2004-12/2005 Defendant Geneseo, NY 9/2004-12/2004 Plaintiff and Defendant Plaintiff and Defendant 7. from Plaintiff. 8. Defendant. 9. Virginia Beach, VA Troy, PA 3/24/2004-9/2004 Birth - 3/24/2004 The Mother of the child is the Defendant. She is currently separated The Father of the child is the Plaintiff. He is currently separated from The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with his girlfriend and her two children at the above- referenced address. 10. The relationship of the Defendant to the child is that of Mother. The defendant currently resides alone at the above-referenced address 11. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the child in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of the Commonwealth or any other state. 13. 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. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has played an active and nurturing role in the development of the child. Plaintiff has also been acting as the primary physical custodian, despite the previous order that was entered in New York State on December 19, 2005. (See Attached Exhibit "A") It is also believed that the child will be in a more stable home environment if primary physical custody is secured in the Plaintiff. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Jeremiah Hart, requests the Court to grant him shared legal and primary physical custody of the child. Respectfully submitted, GOVER & PERRY, P.C. Sarah J. Bro Esquire Attorney l.D. 200614 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: C?;-? 162LOC-L VERIFICATION I, Jeremiah Hart, verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: 112-- 40 rx ?; f`? 14 W At a term of the Family Court of the State of New York, held in and for the County of Livingston at Geneseo, New York on November 25, 2007 PRESENT 110N. RONALD A. CICORIA FAMILY COURT JUDGE In the Matter of a Proceeding under Article 6 of the Family Court Act ORDER Heather S. Hart -against- Jeremiah L. Hart Petitioner Respondent 0 Docket No: V-1184-05 File No. 4247 NOTICE: YOUR WDLLFL1L. FAILURE TO OBEY THIS ORDER MAY, AFTER COURT IWARING, RESULT IN YOUR CO_NMTMENT TO JAIL FOR A TERM NOT TO EXCEED SIX MONTHS FOR CONTEMPT OF COURT This matter having come to be heard before this Court and the parties having appeared on the 25th day of November, 2005, Heather S- Hart having appeared pro se, Jeremiah L. Hart having appeared pro se, and Bonita Stubblefield. Law Guardian also having appeared. NOW, upon stipulation and consent of the parties, it is hereby: ORDERED, that Heather Hart and Jeremiah Hart shall have joint legal custody of Hayleigh Alexandra Hart, (DOB 4/15/2003) with Heather Hart having pri mary placement, and it is further ORDERED, that Heather Hart, having advised the Court that she and the child will be relocating to Pennsylvania, during the month of December, 2005 within a reasonable distance from Jeremiah Hart, that daycare, if and as needed, will continue at the daycare facility Hayleigh has been attending while having visitation with her father and that visitation exchanges will take place, when possible, at the daycare facility unless otherwise agreed by the parties, and it is further ORDERED, that Heather Hart will obtain the necessary medical examination necessary lot the daycare services to continue and provide proof to the Law Guardian, and it is Curtber B 'd 9t`.9 199 Lip 'ON Hd N3,LN3o 1?d0 SS103V NJ 0120 Gr 90V- Ndl' ORDERED, that upon the relocation of Hayleigh and Heather Hart, Jeremiah will have visitation from Tuesday night until Thursday morning each week and on the last three (3) weekends of each month, with visitation exchange occurring through the daycare facility or as the Parties agree, and it is further ORDERED, that Jeremiah Hart will have Hayleigh Hart from Friday evening, December 23, 2005 until 10:00 in the morning on December 25, 2005 with transportation to the Heather Hart's home to be provided by Jeremiah Hart, and farture holiday visitations will be as the Parties agree, and it is further ORDERED, that this agreement may he modified by agreement of the Parties. Dated: EN-MR DEC 1 1 ° NO E RONALDIGORIA I i J FAMJLY COURT JUDGE LL -- --- 'rr' L AMjA1 M20-.S6,E TION 113 OF THE FAMILY COURT ACT, AN APPE;bl OTII -, BE TAKEN WITHIN THIRTY DAYS OF RECEIPT OF TIIE ORDER BY APPE?ttL TI f IN COURT, OR THIRTY-FIVE DAYS FRONT THE MAILING OF THE ORDER TO THE APPELLANT I3Y THE CLERK OF THE COURT, OR THIRTY DAYS AFTER SERVICE BY A PARTY OR LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIER 1 50 d Stir iS8 LIL 'ON Xd? MNIO 11W SS?OOd 148 ?3;m alb. 90U-9Z41dl' 0 n. 4 G JEREMIAH HART IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 06-1079 CIVIL ACTION LAW HEATHER HART DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Friday, March 03, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, April 07, 2006 at 1:00 PM 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/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the sehedulec' 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 „_ ?- JEREMIAH HART, Plaintiff VS. HEATHER HART, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1079 CIVIL TERM : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Heather Hart, in the above captioned case. Respectfully su?mitted, Je is Holst, Esquire idPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: ,5 3 0(_p I % JEREMIAH HART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-1079 CIVIL TERM HEATHER HART, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Heather Hart, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Sarah J. Brown, Esquire Nealon Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 Date: 3 ) 3 0k, Jess a/ffolst, Esquire V Penn Legal Services 11E. Louther Street Carlisle, PA 17013 (717) 243-9400 71p R ?J APR 2 1 2006 JEREMIAH HART, IN THE COURT OF COMMA&-GF- CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-1079 CIVIL TERM V. CIVIL ACTION - LAW HEATHER HART, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this Al day of April, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Jeremiah Hart and Heather Hart, shall have shared legal custody of the minor child Hayleigh Alexandra Hart born April 15, 2003. 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. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. A. Effective April 10, 2006, Mother shall have custody on alternating weeks on Monday through Thursday at 7:00 p.m. Effective April 13, 2006, Father shall have custody on alternating weeks from Thursday at 7:00 p.m. until Sunday. B. Effective April 17, 2006, Mother shall have custody on alternating weeks from Monday until Friday morning. C. When a 5ch weekend of the month arises, Mother shall have custody for the weekend from Friday until Sunday. 3. Father's counsel shall prepare and file a Stipulation to be executed by both parties and counsel to have the New York Court relinquish jurisdiction to the Cumberland County Court of Common Pleas. NO. 06-1079 CIVIL TERM 4. Transportation. During the month of April, 2006 or until Mother has a more reliable vehicle, Father shall provide transportation on Thursday evenings and Sunday evenings. Once Mother has obtained reliable transportation, it is anticipated the parties will work cooperatively to share the responsibilities of transportation incident to custodial exchanges. BY J. Dist: t, Sarah J. Brown, Esq., 2411 N. Front Street, Harrisburg, PA 17110 Jessica Hoist, Esquire, 104 E. Louther Street, Suite 103, Carlisle, PA 17013 O LI ?6'0 6 ? .?. _, ??.:? JEREMIAH HART, Plaintiff V. HEATHER HART, Defendant APR 2 1 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1079 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Hayleigh Alexandra Hart April 15, 2003 CURRENTLY IN THE CUSTODY OF Mother 2. Father filed a Complaint for Custody on February 23, 2006. A Custody Conciliation Conference was held on April 7, 2006. Present for the conference were: the Father, Jeremiah Hart, and his counsel, Sarah J. Brown, Esquire; the Mother, Heather Hart, and her counsel, Jessica Holst, Esquire. 3. The parties had a proceeding under Article 6 of the Family Court Act in Livingston County at Genesco, New York on November 25, 2005. At that time, the parties reached an agreement which clearly contemplated Mother relocating to Pennsylvania during December 2005 within a reasonable distance of Father. The parties now both reside in Pennsylvania, Father residing in York and Mother residing in Carlisle. Neither party intends to relocate to New York at this time. Accordingly, both parties would like the Cumberland County Court of Common Pleas to have jurisdiction in this matter and to that end the parties have agreed that Father's counsel will prepare a Stipulation for the signature of both parties to have the New York Court relinquish jurisdiction to the Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania. The New York matter was docketed to No. V-1184-05, File No. 4297. The parties' Order was entered by the Honorable Ronald A. Cicoria. 4. The parties reached an agreement in the form an rder as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :273457 . --- k. 0 JEREMIAH HART, PLAINTIFF VS. HEATHER HART, DEFENDANT 0 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 06-1079 Civil Term CIVIL ACTION - LAW STIPULATION 1. Plaintiff, Jeremiah Hart, is an adult individual who currently resides at 125 Ambleside Drive, York, PA 17402. 2. Defendant, Heather Hart, is an adult individual who currently resides at 25 North E. Street, Apt. 1, Carlisle, PA 17013. 3. Parties are the parents and natural guardians of one minor child, Hayleigh Alexandra Hart (DOB 4/15/2003). 4. On April 24, 2006, This Honorable Court entered a Temporary Order of Court regarding the minor child. 5. The parties agree that New York State shall relinquish jurisdiction to the Cumberland County Court of Common Pleas. 6. This Stipulation shall be made a part of the Order of Court. nvIaL, F-ayunc for Defendant Attorney for Plaintiff A'"`?. r^ r? .._s c„s -. (-) C,/;: ... ,. -? ry , ' ,r ..i. -x- ?"? _,.r t.1.= 'r.'.. ??? ?? 2 S E P 2 0 2006 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMIAH HART, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. DOCKET NO.: 06-1079 Civil Term HEATHER HART, CIVIL ACTION - LAW DEFENDANT ORDER AND NOW, TO WIT, this day of cej? 2006, the within Stipulation having been signed and acknowledged by the respective parties thereto, the terms and conditions of the aforesaid Stipulation are hereby approved. The jurisdiction, which was previously held in New York State, shall be relinquished to the Cumberland County Court of Common Pleas. J. Vii A ,, "_ --? d 6C :6 I-IV ZZ dlS 90OZ A8Vi lNC -{ Ojd :IHI ?O JEREMIAH HART IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 06-1079 HEATHER HART CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Jeremiah Hart, by and through his counsel Karl E. Rominger, Esquire, and avers as follows: 1. Petitioner is Jeremiah L. Hart, who resides at 636 West Broadway, Red Lion, Pennsylvania 17356. 2. Respondent is Heather Hart, who resides at 125gE Street, Carlisle, Pennsylvania 17013. 3. Petitioner and Respondent are the natural parents of Hayleigh Alexandra Hart, born April 15, 2003. 4. Petitioner filed a Custody Complaint on February 23, 2006, and conciliation was scheduled for April 7, 2006. 5. A ?Temporary Order of Court was entered on April 26, 2006, by the Honorable Edward Guido, granting legal custody of the child to Father and Mother with physical custody on an alternating week schedule for Father and Mother. Attached as Exhibit "A" 6. Since said Order Respondent has announced that she is relocating the child to Bradford County, Pennsylvania without Petitioners consent. 7. Respondent picked the child up for her custody visitation on August 18, 2008, confirmed she was moving, but refused to give her new address and telephone number to Petitioner. S. An emergency relocation hearing is needed. 9. School starts the next calendar week, so time is of the essence. 10. Petitioner requests to be able to enroll the child in school pending a hearing on this matter. 11. Petitioner will serve Mother's former counsel and Mother at her Carlisle Residence or if and when she returns to Carlisle for Father's scheduled visitation. WHEREFORE, Petitioner prays this Court deny the relocation of the minor child with Respondent, grant him full physical custody of the minor child with Mother having visitation as agreed by the parties and grant the child be enrolled in the Locust Grove Elementary School Red Lion School District. Respectfully Submitted, Rominger & Associates Date: August 18, 2008 Kati E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Petitioner JEREMIAH HART IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 06-1079 HEATHER HART CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, herby certify that I this day served a copy of the within Emergency Petition for Special Relief upon the following by depositing the same in the United States mail, first class, postage prepaid addressed as follows: Heather Hart 125 North E Street Carlisle, Pennsylvania 17013 Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, Pennsylvania 17013 Date: August 18, 2008 Respectfully Submitted, Rominger & Associates k2FE. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Petitioner A IR 2 1 2006 i JEREMIAH HART, IN THE COURT OF COMM - t~J CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-1079 CIVIL TERM V. CIVIL ACTION - LAW HEATHER HART, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this #W400_ day of April, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Jeremiah Hart and Heather Hart, shall have shared legal custody of the minor child Hayleigh Alexandra Hart born April 15, 2003. 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. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. A. Effective April 10, 2006, Mother shall have custody on alternating weeks on Monday through Thursday at 7:00 p.m. Effective April 13, 2006, Father shall have custody on alternating weeks from Thursday at 7:00 p.m. until Sunday. B. Effective April 17, 2006, Mother shall have custody on alternating weeks from Monday until Friday morning. C. When a 5"' weekend of the month arises, Mother shall have custody for the weekend from Friday until Sunday. 3. Father's counsel shall prepare and file a Stipulation to be executed by both parties and counsel to have the New York Court relinquish jurisdiction to the Cumberland County Court of Common Pleas. Q Y-k- , 6 -1 + "A it N0.06-1079 CIVIL TERM 4. Taansp2rtation. During the month of April, 2006 or until Mother has a more reliable vehicle, Father shall provide transportation on Thursday evenings and Sunday evenings. Once Mother has obtained reliable transportation, it is anticipated the parties will work cooperatively to share the responsibilities of transportation incident to custodial exchanges. BY TOE CO J. Dist, i, Sarah J. Brown, Esq., 2411 N. Front Street, Harrisburg, PA 17110 4essica Hoist, Esquire, 104 E. Louther Street, Suite 103, Carlisle, PA 17013 O G? w N f ? 'A 1 3 AUG 19 Z008?b JEREMIAH HART V. HEATHER HART IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 06-1079 CUSTODY ORDER OF COURT AND NOW, this 0 day of 2008, upon consideration of the within Emergency Petition for Special Relief; a hearing is scheduled for the pq,& day of ?^ . 2008, at /- '0 u , o'clock / M. in Courtroom# at the Cumberland County Courthouse, Carlisle, Pennsylvania. J. Distribution: !/ar E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 )Reeather Hart, pro se 125 North E Street Carlisle, Pennsylvania 17013 X essica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, Pennsylvania 17013 J 1 7'?4 b< 11-04 /V ? Lt -1 11,C/c lZ F S-S ? 77A \rN V,V Rn'N d Z'2 :C 14J OZ S+1V °OOZ A8ViC) ,4-- G4 ;d 2N.i ?0 0171 .,,?Iloll 3 JEREMIAH HART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, V. PENNSYLVANIA ' 06-1079 CIVIL TERM HEATHER HART Defendant IN CUSTODY ORDER OF COURT AND NOW, this 29th day of August, 2008, at the request of Mother, and without objection from Father this matter is continued to Thursda , hearing in Y. September 18, 2008, at 1:15 p.m., to give Mother the opportunity to obtain counsel. T_ _ , , ,Carl E. Rominger, Esquire For the Plaintiff eeather Hart 23 North Center Street Canton, pA 17224 srs Edward E. Guido, J. • c d 3 Oq? : - 3S RV JEREMIAH HART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1079 CIVIL TERM HEATHER HART, CIVIL ACTON - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 18th day of September, 2008, after hearing, the Petition For Emergency Relief is DENIED. Paragraph 2 of our order dated April 24, 2006, shall be amended to provide as follows: Physical Custody. A. Mother shall have primary physical custody of the child during the school year. B. Father shall have partial physical custody of the child every other weekend from 7:00 p.m. on Friday until 7:00 p.m. on Sunday. Said weekends to correspond with the weekends that father's fiancee's children are at their home. Custody exchange to be made at a mutually-agreed upon location in Selinsgrove, Pennsylvania on Fridays and in Marysville, Pennsylvania on Sundays. In all other respects, our Custody Order of April 24, 2006, shall remain in full force and effect pending conciliation in this matter. Edward E. Guido, J. ? Karl E. Romin9er Esquire V-Kara W. Ha99ertY, Es4uire For the Plaintiff For the Defendant srs mat 14_rm ?.-O'1 9/14/08 rliNll v?!- U1 r1lle(`\ d r,,r = rrd( J 0 C :01 A 61 83S 8002 Aib'ItWHE add . -.3