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HomeMy WebLinkAbout02-5286 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO: 02- .5-;{ f(, Cu.J. -r;~ EMMA PEARSON BERKEY, Plaintiff RICHARD DUANE BERKEY, JR., Defendant COMPLAINT FOR CUSTODY The Plaintiff, Emma Berkey, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The Plaintiff is Emma Berkey, residing at an undisclosed location in Shippensburg, Cumberland County, P A 17257. 2. The Defendant is Richard Duane Berkey, Jr., residing at 500 South Highland Street, Sandy, PA 15801. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Kiera Lynne Berkey 500 South Highland Street 6/25/97 Sandy, PA 15801 500 South Highland Street 5/3/99 Sandy, PA 15801 500 South Highland Street 4/25/01 Sandy, PA 15801 Taylor Andrew Pearson Berkey Nathan Wade Berkey The children were not born out of wedlock. The children are presently in the custody of Richard Duane Berkey. During the past five years, Taylor Berkey and Nathan Berkey have resided with the following persons and at the following addresses: Persons Addresses Dates Emma Berkey and Richard Berkey 112 South Queen St. Shippensburg, P A 17257 Birth - August, 2001 Richard Berkey Richard and Linda Berkey 500 South Highland Street Sandy, PA 15801 August, 2001 - November, 2001 Emma Berkey Anthony Coons Undisclosed address Shipp ens burg, P A 17257 November, 2001 - June,2002 Richard Berkey Richard and Linda Berkey 500 South Highland Street Sandy, PA 15801 July 11,2002 - Present During the past five years, Kiera Berkey has resided with the following persons and at the following addresses: Persons Emma Berkey and Richard Berkey Richard Berkey Richard and Linda Berkey Emma Berkey Anthony Coons Addresses 112 South Queen St. Shipp ens burg, P A 17257 Dates Birth - September, 2001 500 South Highland Street Sandy, PA 15801 September, 2001 - November, 2001 Richard Berkey Richard and Linda Berkey Undisclosed address Shippensburg, PA 17257 500 South Highland Street Sandy, PA 15801 November, 2001 - June,2002 July 11,2002- Present 4. The mother of the children is Emma Berkey, currently residing at an undisclosed location in Shippensburg, PA. 5. The father ofthe children is Richard Berkey, currently residing at 500 South Highland Street, Sandy, PA 15801. 6. The relationship of the Plaintiff to the children is that of mother. She is married but separated from the Defendant. She currently resides with the following persons at an undisclosed location in Shippensburg, PA 17257: Name Relationship Anthony Coons Jade Berkey Boyfriend Daughter 7. The relationship of Defendant to the children is that of father He is married but separated from the Plaintiff. He currently resides with the following persons: Name Richard and Linda Berkey Mindy Berkey Relationshiu parents sister 8. The children have not lived in Sandy, PA for the past six (6) months. 9. Before July 11, 2002, the children lived with Emma Berkey in Shippensburg, P A 17257 for over six (6) months. As such, Cumberland County is the proper venue for a custody action, pursuant to Pa. R.Civ.P. Rule 1915.2 (a)(1)(ii). 10. Pursuant to 23 Pa. CS. ~ 5341 and 23 Pa. C.S. ~ 5344, Cumberland County has jurisdiction over custody and visitation of the children. 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of any person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been primary caretaker of the children since birth, with the exception of a three month period (August, 2001 - November, 2001) when Defendant withheld the children from Plaintiff, and with the exception of the past four months (June, 2002 - October, 2002) when Defendant, again, withheld the children from Plaintiff; b. Plaintiff is better able to provide a home with adequate moral, emotional, and physical surroundings for the children, whose best interests would be served by an award of primary physical custody to Plaintiff. c. Plaintiff is willing to encourage contact and foster a relationship between Defendant and the children. 13. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant to her primary physical custody of the child. Respectfully submitted, Date: October 31, 2002 ~~ Thorn Robert . ains Lucy J ohnston- Walsh Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Iy-J/ ,,",'0.-- Date: . a -L./., ~~<-~~ EMMA BERKEY . () rJ C) c: . ""-) Tj ~ C") ::.' ,', .~-') Q.i "'.-1 -r C~) ~ '\ ::? t:! -.;, J:-:; :;~: ~,_.) ..) -I .' -~:... =3 ::J :n --- 'D -< EMMA PEARSON BERKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY RICHARD DUANE BERKEY, JR., Defendant NO: 02- 5'2 n c...:.v:Jiu-. PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Emma Berkey, Plaintiff, to proceed in forma pauperis. I, Georgina Howells, Certified Legal Intern at the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I I am providing free legal service to the party. Date: October 31, 2002 ~~-~ ROBER~. S THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243- 2968 () ~~ -r.!~~:: rnrT 7-;" ~s. SJC o::-~ \ 5f~ ....~ -;; -, C-::" f",--'J (OJ r, => :-, ..,", :..",) '.'\-:1 :::;.: C,.) D ,0 ~'::':( :D -< EMMA PEARSON BERKEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-5286 CIVIL ACTION LAW RICHARD DUANE BERKEY, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 06, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, December 04, 2002 at 8:30 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 hearinl!;. FOR THE COURT, By: Isl Jacqueline M. Vernry. 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 A TIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 '~~fp~~~ -h $ ~ ~~ 'X;:I ~ rw-4?-r? ,"""\ \ C;N.N:l,~ r,f", 'tJ\~~J j \ \i;~:r\\"~,?5,<f\\\ \V r-I"'< (1\,.:,. . ;,.'J~\C\' \; . , " "J "i.) 0, _ (..CIi' (, . \\) .I ,., \, ..(~ ';.\.J. ":)\,J ..... :I) -e~'1-JI ("c/o c1J 'JI C'rJ -1.;/ EMMA PEARSON BERKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY RICHARD DUANE BERKEY, JR., Defendant NO: 02- 5286 CERTIFICATE OF SERVICE I, Georgina A. Howells, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint on Richard Duane Berkey, Jr., residing at 500 South Highland Street, Dubois, PA 15801, by regular mail and also by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested on the 3l't day of October, 2002, as evidenced by the attached certified mail receipt and postmark thereon. Date: ['2 -5 -o-::L- FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 U.S. Postal Serv;'-" CERTIFIED MAIL RECEIPT (DomestIc Mall Only, No Insw<1nce Cove/age Provldecl) ITl tr ..D r'l Return Receipt Fee (Endorsement Required) ru .., .::0- .::0- (") 0 0 ~ N ~n c::::J "OUJ rr1 mrn n Z-.. ..J_; I z:c en i;,:- c.J1 -<~:. ~C -0 ~CI ...." '.... ~" ~.. --"*'. ,1 -0 i~=S In )>C "::'1 :z :::- )" =< :0 +' -~ -- -- JAN 0 2 Z003 ~ EMMA PEARSON BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5286 CIVIL TERM RICHARD DUANE BERKEY, JR,: CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of January, 2003, the Conciliator being notified that the parties have reached an agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECQURT, ~ / . !. \ l~. 6'acqu ne M. Verney, Esquire, Cus dy Conciliator >- U) ?; ~ ~ 1- ::> <( i.)Q - - Oz ..) ...c, :.c (1 ' ::~C: -. -d_ .a: ':3:3 sr, ('0 2~(n ") c." ~::IZ .~ u_ I -".r~ --:?" ~ .JJCu lid: t.J:"10- -) .~ LL. ("") :J 0 c:> (.) EMMA PEARSON BERKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. CIVIL ACTION - LAW IN CUSTODY RICHARD DUANE BERKEY, JR., Defendant NO: 02- 5286 CUSTODY AGREEMENT AND ORDER OF COURT THIS AGREEMENT, made this '). \ day of j"'''''''....y, 200.3 between Emma Pearson Berkey (hereinafter Mother) and Richard Duane Berkey, Jr. (hereinafter Father), concerns the custody of their children, Taylor Andrew Pearson Berkey, born June 25,1997, Nathan Wade Berkey, born May 3, 1999, and Kiera Lynne Berkey, born April 25, 2001. Mother and Father are the biological parents of the children and desire to enter into an agreement as to the custody of the children. Mother and Father agree as follows: 1. Mother and Father shall have shared legal custody of the children. As such, Mother and Father shall keep each other informed as to the health and education of the children and shall make documents relating to the health and education of the children available to each other. 2. Father shall have primary physical custody of the children, and Mother shall have partial physical custody ofthe children, as set forth in this Agreement and Order. 3. Mother shall have custody of the children every other weekend, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. If Mother is scheduled to work on weekends, she shall give Father at least forty-eight (48) hours notice and shall have the right to comparable make up periods of custody as mutually agreed upon by the parties. 4. Holidays: a. School Holidays: If a school holiday falls on a Monday following a weekend in which Mother has custody of the children, Mother's period of custody shall extend until Monday at 6:00 p.m. If a school holiday falls on a Friday prior to a weekend in which Mother has custody of the children, Mother's period of custody shall begin on Thursday evening at 6:00 p.m. This provision shall supersede any other provision of this Order. b. Summer Vacation: Parties are entitled to custody of the children for two full, non-consecutive weeks in the summer. Mother's weeks of summer vacation shall be agreed upon by the parties and shall include a scheduled weekend under the existing schedule. In the event that Mother desires to take a week on which her weekend is not scheduled, then the existing alternating custody schedule shall be modified between the parties as necessary. This provision shall supersede any other provision of this Order. c. Christmas: In even-numbered years (beginning in 2002), Father shall have custody of the children from 5:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas day, and Mother shall have custody ofthe children from 2:00 p.m. on Christmas day until 2:00 p.m. on December 27th. In odd-numbered years, Mother shall have custody of the children from 5:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas day, and Father shall have custody of the children from 2:00 p.m. on Christmas day until 2:00 p.m. on December 27th. This provision shall supersede any other provision of this Order. d. Easter: In even-numbered years, Father shall have custody of the children from 5:00 p.m. on Easter Eve until 2:00 p.m. on Easter Sunday. In odd-numbered years, Mother shall have custody of the children from 5:00 p.m. on Easter Eve until 2:00 p.m. on Easter Sunday. This provision shall supersede any other provision of this Order. e. Thanksgiving: In even-numbered years, Father shall have custody of the children from 5:00 p.m. on the day before Thanksgiving until 2:00 p.m. on Thanksgiving day. In odd-numbered years, Mother shall have custody ofthe children from 5:00 p.m. on the day before Thanksgiving until 2:00 p.m. on Thanksgiving day. This provision shall supersede any other provision of this Order. f. Mother and Father shall share all other holidays, as the parties agree. 5. Transportation with respect to exchanges of custody shall be the responsibility of the party receiving the children, unless otheIWise agreed upon by the parties. 6. The parties may modify this Order by mutual consent. In the absence of mutual consent, the terms of this Order control. 7. No party to this Agreement and Order will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party or which may hamper the free and natural development of the children's love and respect for the other party. 8. Neither party shall take the children out of the Commonwealth of Pennsylvania without the express consent of the other party. 9. The party with custody of the children shall keep the other party informed as to the phone number and address where the children can be reached. 10. The party with custody of the children shall make reasonable phone contact with the children available to the non-custodial parent. 11. The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of the Court. &~ g/'f~------. Emma Pearson Berkey, PI . Iff ~y~~~ :/7- Richard Duane Berkey, Jr., Defendant ~~ Nicholas Aloia Certified Legal Intern for Plaintiff bM~ 1AJ4:L Robert E. Rains Lucy Johnston-Walsh Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Paul Cherry, Esquire Attorney for Defendant 23 East Park Avenue Dubois, PA 15801 Ph. (814) 371-3288 Fax. (814) 371-8372 Date: I !'}-I/03 () c. s: -on' ~g-~ Zr- <.iJ. l' ::<.:;. ~c Z'~~: ~t: 'Z ~ o (..0,) "P'" --0 :;;0 N ;- ~ :~r-:! ~ Hl~. -~JrM i5~ ~.~.~ ,_') m :::'~ ~ ::..:. :P" =t; ~ :.n o APR 2 5 2003 v EMMA PEARSON BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY RICHARD DUANE BERKEY, JR., Defendant NO: 02- 5286 ORDER AND NOW, this~ day of ~ 20~the above custody agreement J. L ~ a.(b ~-'})> ,It. .. VlNVAlASNN3d I I tl.Jn,'-() n\!\i-~P;:W"rn"". 1\...1.,.. : '--.- ,.~ . " ".. ~_' if' ~~ V "'s., '::>{lld 0'" '\I '''r/ tl '0 i','- 0(, cd't t.t I Lr'I/(i.'. ; ;' I. AC] _.......,. ...~'. ...._. ~." _,~ ...,: 3:Ji::L )i.J ....(}3' "'1/ ~)f .::10 EMMA PEARSON BERKEY, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - Law IN CUSTODY RICHARD DUANE BERKEY, JR., Defendant/Respondent NO: 02- 5286 PETITION FOR SPECIAL RELIEF TO MODIFY CUSTODY ORDER 1. The Petition of Emma P. Berkey, Plaintiff/Petitioner (hereinafter "Mother") by and through her attorneys, The Family Law Clinic, respectfully represents that on April 28, 2003 an Order of Court was entered for custody of the parties' three (3) children: Taylor Andrew Pearson Berkey, born June 25,1997; Nathan Wade Berkey, born May 3,1999; and Kiera Lynne Berkey, born April 25, 2001, a copy of which is attached, as Exhibit A. 2. The Court should grant Mother's petition for special relief, pursuant to Pa. R. C. P. 1915.13, and therefore modify the Order of April 28, 2003 because: a. On May 2, 2003, Richard D. Berkey, Jr., Defendant/Respondent (hereinafter "Father") told Mother "to come and pick up the children," and that as circumstances had changed, Mother could have primary physical custody of the children until Father "can get back on his feet." b, Father has moved out the home where he had been residing with the children and his parents (hereinafter "Grandparents"), in Dubois, P A. Father reported to Mother that he had concerns about remaining in Grandparents' home with the parties' children, based on statements Grandparents made to the parties' children. c. Father has recently telephoned Mother and indicated that he would soon come and take the children back into his custody. d. Father has refused to provide Mother with his current address and phone number. e. Mother has moved into a new four (4) bedroom house to accommodate custody of the children. 3. Pursuant to C.C.R.P. 206-2, concurrence of opposing counsel of record has been sought. Mr. Paul Cherry, Esq. indicated that he did not have the authority to concur. 4. It is in the children's best interest to remain in the primary custody of Mother, because: a. Mother is better able to provide the care and nurturing, which the children need for their healthy development. b. Mother is willing to accept custody of the children. c. Mother is willing to allow Father to have periods of partial custody of the children in order for them to maintain a relationship with their father. WHEREFORE, Mother asks that the Court modify the Order of April 28, 2003, granting Mother primary physical custody, and Father partial physical custody of the parties' children, as it is in the children's best interests to do so. Date: 4> /; ?;,/ lJ ., , U~ Nicholas Aloia Certified Legal Intern for Plaintiff dv.~~-~l Robert. s c Lucy Johnston-Walsh Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C. S. ~ 4904 relating to unsworn falsification to authorities. Date: 0. /3 ' 03 ~~ 6.r~- Emma P. Berkey Plaintiff APR 1 5 2003 Exhibit A EMMA PEARSON BERKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY RICHARD DUANE BERKEY, JR., Defendant NO: 02- 5286 ORDER AND NOW, this 2.&' day o~ 20Q3theabove custody agreement is approved and entered as an Order of Court. BY THE COURT: IS/~-A.,Ir: EMMA PEARSON BERKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Cl c.,.) o ~TI v. CIVIL ACTION - LAW IN CUSTODY o ~; ~~B~': tTl ~:; -<;t ~..~: :r; (_~. j~ ~~~ ?~t / -. :r.:'J"O '-"(1 c;O N .C"- r= -!',..n --:-':'1:"7 ".:.';C) RICHARD DUANE BERKEY, JR, Defendant NO: 02- 5286 ~ :-.:.~ _':,,'.-'.'1 - . .-'-;:rn C) ::':\ ',> ~ 'JI c:::> CUSTODY AGREEMENT AND ORDER OF COURT TillS AGREEMENT, made this ~ \ day of :r,,~~~.)', 200 j between Emma Pearson Berkey (hereinafter Mother) and Richard Duane Berkey, Jr. (hereinafter Father), concerns the custody of their children, Taylor Andrew Pearson Berkey, born June 25, 1997, Nathan Wade Berkey, born May 3, 1999, and Kiera Lynne Berkey, bomApri125, 2001. Mother and Father are the biological parents of the children and desire to enter into an agreement as to.the custody of the children. Mother and Father agree as follows: 1. Mother and Father shall have shared legal custody of the children. AI; such,' Mother and Father shall keep each other informed as to the health and education of the children and shall make documents relating to the health and education of the children available to each other. 2. Father shall have primary physical custody of the children, and Mother shall have partial physical custody of the children, as set forth in this Agreement and Order. 3. Mother shall have custody of the children every other weekend, from Friday at 6:00 p.rn. until Sunday at 6:00 p.m. rfMother is scheduled to work on weekends, she shall give Father at least forty-eight (48) hours notice and shall have the right to comparable make up periods of custody as mutually agreed upon by the parties. 4. Holidays: a. School Holidavs: If a school holiday falls on a Monday following a weekend in which Mother has custody of the children, Mother's period of custody shall extend until Monday at 6:00 p.m. If a school holiday falls on a Friday prior to a weekend in which Mother has custody of the children, Mother's period of custody shall begin on Thursday evening at 6:00 p.m. This provision shall supersede any other provision of this Order. b. Summer Vacation: Parties are entitled to custody of the children for two full, non-consecutive weeks in the summer. Mother's weeks of summer vacation shall be agreed upon by the parties and shall include a scheduled weekend under the existing schedule. In the event that Mother desires to take a week on which her weekend is not scheduled, then the existing alternating custody schedule shall be modified between the parties as necessary. This provision shall supersede any other provision of this Order. c. Christmas: In even-numbered years (beginning in 2002), Father shall have custody of the children from 5:00 pm. on Christmas Eve until 2:00 p.rn. on Christmas day, and Mother shall have custody of the children from 2:00 p.m. on Christmas day until 2:00 p.m. on December 27th. In odd-numbered years, Mother shall have custody ofthe children from 5:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas day, and Father shall have custody of the children from 2:00 p.m. on Christmas day until 2:00 p.m. on December 27th This provision shall supersede any other provision of this Order. d. Easter: In even-numbered years, Father shall have custody of the children from 5:00 p.m. on Easter Eve until 2:00 p.rn. on Easter Sunday. In odd-numbered years, Mother shall have custody of the children from 5:00 p.m. on Easter Eve until 2:00 p.rn. on Easter Sunday. This provision shall supersede any other provision of this Order. e. Thanksgiving: In even-numbered years, Father shall have custody of the children from 5:00 p.rn. .on the day before Thanksgiving unti12:00 p.m. on Thanksgiving day. In odd-numbered years, Mother shall have custody of the children from 5: 00 p.rn. on the day before Thanksgiving until 2:00 p.m. on Thanksgiving day. This provision shall supersede any other provision of this Order. f. Mother and Father shall share all other holidays, as the parties agree. 5. Transportation with respect to exchanges of custody shall be the responsibility of the party receiving the children, unless otherwise agreed upon by the parties. 6. The parties may modify this Order by mutual consent. In the absence of mutual consent, the terms of this Order control. 7. No party to this Agreement and Order will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party or which may hamper the free and natural development of the children's love and respect for the other party. 8. Neither party shall take the children out of the Commonwealth of Pennsylvania without the express consent of the other party. 9. The party with custody of the children shall keep the other party informed as to the phone number and address where the children can be reached. 10. The party with custody of the children shall make reasonable phone contact with the children available to the non-custodial parent. 11. The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of the Court. &4UA"- ~A?~~' Emma Pearson Berkey, Pl' Iff ~.P~~. 77. Richard Duane Berkey, Jr., Defendant (=~J2, ~ Paul Cherry, Esquire Attomey for Defendant 23 East Park Avenue Dubois, PA 15801 Ph (814) 371-3288 Fax (814) 371-8372 / ~~ Nicholas Aloia Certified Legal Intem for Plaintiff ~M~ 1AJ4(L Robert E. Rains Lucy Johnston-Walsh Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Date: ! Irf/03 EMMA PEARSON BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : IN CUSTODY RICHARD DUANE BERKEY, JR., Defendant : No. 02-5286 CERTIFICATE OF SERVICE I, Lucy Johnston-Walsh, Esquire, of the Family Law Clinic, hereby certify that on this date I am serving a true and correct copy of Petition for Special Reliefto Modify Custody Order on Defendant's counsel, by facsimile and by first class mail addressed as follows: Paul Cherry, Esquire 23 East Park Avenue Dubois, PA 15801 Date: &(1 to 3 cb ~ -uJUil- Lucy ~linOn-walsh Counsel for Plaintiff F AMIL Y LAW CLINIC 45 North Pitt St. Carlisle, P A 17013 () " c; ~:, .. ""Li , ~ '] . (, -~ c:: '. V ):0: ^ ..:::. :; ~. ~-:; ~;) C4 -C {--, -' .. JUN 1 3 2003 11' EMMA PEARSON BERKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - Law IN CUSTODY RICHARD DUANE BERKEY, JR., Defendant NO: 02- 5286 ORDER OF COURT AND NOW, this ~ay of :r. u.G ,2003, upon consideration of the attached Petition for Special Reliefto Modify Custody Order, it is hereby Ordered as follows: , shall have primary physical custody of the minor children: Taylor An earson Berkey, born June 25,1997: Nathan Wade Berkey, born May 3,1999' 2003. iera Lynne Berkey, born April 25, however, the children s e periods of partial physical custody, as agreed by the parties; not be permitted to leave this court's jurisdiction. 3. ing regarding this Petition for Special Reliefto Modify Custody Order is cheduled for the _ day of ,2003 at o'clock M in Courtroom Number _, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, at which time the parties, along with their legal counsel, shall appear in person. Service on Defendant's co~sel of record, Paul Cherry, shall be by facsimi~e~d first class mail. ~ (. JJc..ifl;cT pui, .sL.Lll tcl...,,;L., ~t. d.,l ,~r.~~-Pd)'$(.il vuo4? 2.. ~(-li(, c.r 19~i1 .$L..11l su "Gte", tl.~(.'.2 1<tJ7"{ , i~1 oU) "'It-e..... ""' t .. ~c:r u:>~T"\. ../." _ ~..J..fl';;,",">' ,; iCe. IN ...., Q) dc.J ,~ 1. P\~i",1;ff-4 ,... aut'4l t'1l.TFOR THE COURT: ....Jore t" tf;,. f"'U~ ~c::: Co...... :t 4J....;,~. ~ . te b"" . 1-. ,,) ~I . .1 c:.. its. r-'eb" . . P o.(AI C /vJ'( Cst C(j~V Maded./.O f L.awC/'~/'~ . I faMily COfY J' V~ -rod " v1NVI\lAS"IN3d . I I ~rt"\....... /', ,R_'", 'I' ,-,r-.1f1n" Ail -., ;~,~ . : 1,<"" "-~"--":} ~ v SU :11 1,>.1 ,~ I I' .""....,.,(' [';I . L"-,.,J ,,".., l,tj;v.,;,~\ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 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. cc: Family Law Clinic, Counsel for Petitioner Paul Cherry, Counsel for Defendant }AMA l'EARSON BE"RIGW l'LAINTIFF IN THE COURT OF COMMON pLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA 1l2-S286 C1\llL ACTION LAW Y. RIcHARD DUANE BERKEY' JR. DEFENDANT IN CUSTODY ,ND NOW, __, ,oo' ". ",,___0 ,p" ,-=,,' ,f'''' _bod C_I.", iI ,. _by _"" "'" """' "" "". =_",~.d 'PP''' ",r~. '"' "".. '" V'" . E', . "" _il'""'" .1 ..._.".-"",,,,,,, Co,_c","'" ~_--"~""'.'''''''' - .,~M f" . Pre-""'"'" co- omfdd"" AI m,h ",-". ~ .ffon will '" .." '" ~.,'" "" ,- " ..""; " if Ihi. ,_ '" M,_b.h.. '" """ "" _"" "" ,- '" '" h"'" by "" "",rl. ", '" 00'" in'" · "'""""" ,n'''', "" ,hi'- ... fi';. " ,hio< "'" "'" "",_, ., "" ",,,,,,,re V.iI= '" ._.1"" ,oof"- "'" provide grounds for entrY of a temporary or permanent order. Tb. w.rt ""ohY dkM. ... P'_ .. ....... on, .... oil ""'.., ......... ..m Ab"" "."" S...... ....... ".... .... """,,, ,",,,,. .. ... 00....... 4ll bu... pno' .. ~hod''''' ,,~d'" QROER OF couRI FOR THE COURT. 'f1< Co,,", ,f C,_, Pl~' ,f com"""'" C_ ,. ,,,,,,,w by .w ill ,,,,,,I, wifu I'" Am""w' wi'" ",.hib" Act ,fl990, f" Of"",,,,,, .boin Mre.,;"lP fuciliIi~ ", ,,"0000". M,omID"""'oro .nil.hI' ill "'IDhI., indi~'ool. "'''''' bo""- ",r,,, fu. ,,0<, p""oo "",,,,, ,0< ,moo, A11 .=,goID"'" _, '" roo" ., ,,,,,, 72 bo'" poo< '" "" ",_ " "",m.. ,,"'= fu. "on, y" ro"" .."", ",. ~"""", conference or hearing. By: ..-isl Tacquelille..'vf. Verney. Esq. v Custody conciliator YOU ,HDULD TAKE ,'HIS ",OR w V01\RA -rrOR""'>' AT ONCE ff Y01\ DO "O'I ""VB AN ATWRN'lY OR CAN"<il' AfFORD oNE, GO TO OR lB,E,RONE THE OffICE SET FORTH Ba,OW W FIND OUT WHE1<E YOU cAN GET LEGAl, l1F.LP Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ -<~~ ~ --- ~ fKv 7! ~ ~~~ l}?C>rc? . )'. F. c/' r.lr<' "7 7~ ~~u '. / ' (/ -.... ~/'7l fVtr'.'9 W/lftfli1).SNN3c/ )JNnOQ OIJV7!:f38iWlO 81:f.: Ud aZNnrco ,\W10iIJCJr.i.i.Oi:ld 3Hl :lO 301:1.:10-037/::1 -" ,,~ - EMMA PEARSON BERKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY RICHARD DUANE BERKEY, JR., Defendant NO: 02- 5286 CUSTODY AGREEMENT AND ORDER OF COURT THIS AGREEMENT, made this a~ay ofA~tWr, 2002, between Emma Pearson 0./ Berkey (hereinafter Mother) and Richard Duane Berkey, Jr. (hereinafter Father), concerns the custody of their children, Taylor Andrew Pearson Berkey, born June 25,1997, Nathan Wade Berkey, born May 3,1999, and Kiera Lynne Berkey, born April 25, 2001. Mother and Father are the biological parents of the children and desire to enter into an agreement as to the custody of the children. Mother and Father agree as follows: 1. Mother and Father shall have shared legal custody of the children. As such, Mother and Father shall keep each other informed as to the health and education of the children and shall make documents relating to the health and education of the children available to each other. 2. Mother shall have primary physical custody of the children, and Father shall have partial physical custody of the children, as set forth in this Agreement and Order. 3. Father shall have custody of the children every other weekend, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. If Father is scheduled to work on weekends, he shall give Mother at least forty-eight (48) hours notice and shall have the right to comparable make up periods of custody as mutually agreed upon by the parties. 4. Holidays: a. School Holidavs: If a school holiday falls on a Monday following a weekend in which Father has custody of the children, Father's period of custody shall extend until Monday at 6:00 p.m. If a school holiday falls on a Friday prior to a weekend in which Father has custody of the children, Father's period of custody shall begin on Thursday evening at 6:00 p.m. This provision shall supersede any other provision of this Order. b. Summer Vacation: Parties are entitled to custody of the children for two full, non-consecutive weeks in the summer. Father's weeks of summer vacation shall be agreed upon by the parties and shall include a scheduled weekend under the existing schedule. In the event that Father desires to take a week on which his weekend is not scheduled, then the existing alternating custody schedule shall be modified between the parties as necessary. This provision shall supersede any other provision of this Order. c. Christmas: In odd-numbered years (beginning in 2003), Father shall have custody of the children from 5:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas day, and Mother shall have custody of the children from 2:00 p.m. on Christmas day until 2:00 p.m. on December 27th. In even-numbered years, Mother shall have custody of the children from 5:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas day, and Father shall have custody of the children from 2:00 p.m. on Christmas day until 2:00 p.m. on December 27th. This provision shall supersede any other provision of this Order. d. Easter: In odd-numbered years, Father shall have custody of the children from 5:00 p.m, on Easter Eve until 2:00 p.m. on Easter Sunday. In even-numbered years, Mother shall have custody of the children from 5:00 p.m. on Easter Eve until 2:00 p.m. on Easter Sunday. This provision shall supersede any other provision of this Order. e. Thanksgiving: In odd-numbered years, Father shall have custody of the children from 5:00 p.m. on the day before Thanksgiving until 2:00 p.m. on Thanksgiving day. In even-numbered years, Mother shall have custody of the children from 5:00 p.m. on the day before Thanksgiving until 2:00 p.m. on Thanksgiving day. This provision shall supersede any other provision of this Order. f. Mother and Father shall share all other holidays, as the parties agree. 5. Transportation with respect to exchanges of custody shall be the responsibility of the party receiving the children, unless otherwise agreed upon by the parties. 6. The parties may modify this Order by mutual consent. In the absence of mutual consent, the terms of this Order control. 7. No party to this Agreement and Order will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party or which may hamper the free and natural development of the children's love and respect for the other party. 8. Neither party shall take the children out of the Commonwealth of Pennsylvania ~t<.o6 eD without the express'lconsent of the other party. 9. The party with custody of the children shall keep the other party informed as to the phone number and address where the children can be reached. 10. The party with custody of the children shall make reasonable phone contact with the children available to the non-custodial parent. 11. The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of the Court. ~~ ~~~r ~ 9 ~Vh. Pro SE Emma Pearson Berkey, Plainii'ff Richard Duane Be;key:1r., mfendaht ~~ Nicholas Aloia; Certified Legal Intern for Plaintiff ~~ Lucy Johnston-Walsh Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Date: A'-'.b\A.~+-- I'J..., I ;}.CD ~ EMMA PEARSON BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2002-5286 CIVIL TERM RICHARD DUANE BERKEY, JR.,: CIVIL ACTION - LAW Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. and J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Andrew Pearson Berkey June 25, 1997 Nathan Wade Berkey May 3,1999 Kiera Lynne Berkey April 25, 2001 Mother Mother Mother 2. A Conciliation Conference was held in this matter on August 12, 2003, with the following individuals in attendance: The Mother, Emma Pearson Berkey, with her counsel, Nicholas Aloia, certified legal intern and Lucy Johnston Walsh, Esquire, Family Law Clinic and the Father, Richard Duane Berkey, Jr., pro se. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley dated April 28, 2003 granting shared legal custody with Father having primary physical custody and Mother having partial physical custody. The Honorable J. Wesley Oler, Jr., entered an Order of Court dated June 13,2003 in response to Mother's Emergency Petition, prohibiting the parties from relocating the children outside of Pennsylvania. 4. The parties agreed to the entry of an Order in the form as attached. f-/3-o 3 Date ft.L ac line M. Verney, Esquire tf Custody Conciliator AUG 1 3 2003 't EMMA PEARSON BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY RICHARD DUANE BERKEY, JR., Defendant NO: 02- 5286 ORDER AND NOW, this J!1 day o~~ the above custody agreement ..--- is approved and entered as an Order of Court. BYT J. cc:..Nfcholas Aloia, certified legal intern, Counsel for Mother Lucy Johnston Walsh, Esquire, Family Law Clinic :/ t;Richard Duane Berkey, Jr., pro se P.O. Box 38 Morrisdale, PA 16858 0"(11 ; D cu1J RKs 0'8' I q . a3 , -.\!(,\,:1t\ ,. ',',1 ,("',\,;'4.:-':.~, I,"':","", \/1","'" .j " :! ) "j'.)' , J.i'6 EMMA PEARSON BERKEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 02-5286 CIVIL ACTION LAW RICHARD DUANE BERKEY, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 25, 2004 at 9:30 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 honrs prior to scheduled hearinll. FOR THE COURT, By: Isl Jacqueline M. Verney. Esq. Custody Conciliator G 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 ATroRNEY 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~~~ .*7~~lL. ('7# ~~ktl~ 'v'IN'v'^lASNN3d A1Nno~) cni'i:l.:3SVJr1Cl 68 :8 Hd ,- ~VH ~DDZ AbVlONOHlOCid 3Hl dO 30J:LJ,Q-{BlH :hOC' . F .:ftr/ ("'. ~ j40 (:. F' \J EMMA PEARSON BERKEY, Plaintiff APR 2 2 2004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA r V. : 2002-5286 CIVIL TERM RICHARD DUANE BERKEY, JR.,: CIVIL ACTION - ILA W Defendant : IN CUSTODY RICHARD D. BERKEY, SR. and LINDA K. BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2004-1114 CIVIL TERM : CIVIL ACTION-LAW RICHARD D. BERKEY, JR. and EMMA COONS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ 1\1- day Of~; ~ ,2004, upon consideration of the attached Custody Concih tlOn Report, It IS ordered and dlTected as follows: 1. The prior Order of Court dated August 12, 2003 is hereby vacated. 2. The Mother, Emma Pearson Berkey (Coons) and Richard D. Berkey, Jr. shall have shared legal custody of Taylor Andrew Berkey, born June 25,1997, Nathan Wade Berkey, born May 3, 1999, and Kiera Lynne Berkey, born April 25, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's g<:neral well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Mother shall have primary physical custody of the Children. 4. Father shall have periods of partial physical custody as follows: A. Beginning April 30, 2004, provided Father supplies a letter from a health care professional indicating that he is not a threat to himself or his Children, alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. B. School Holidays: If a school holiday falls on a Monday following a weekend in which Father has custody of the Children, Father's period of custody shall extend until Monday at 6:00 p.m. If a school holiday falls on a Friday prior to a weekend in which Father has custody of the Children, Father's period of custody shall begin on Thursday evening at 6:00 p.m. This provision shall supersede any other provision of this Order. C. Summer Vacations: Mother and Father are entitled to custody of the Children for two full non-consecutive weeks in the summer, except in 2004, Father shall be entitled to three non-consecutive weeks, which shall run from Sunday to Sunday and further provided that Father give Mother 30 days prior notice to mother of the exercisl: of this provision. This provision shall supersede any other provisions of this Order. D. Christmas shall be divided into two Blocks. Block A shall be from 5:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas Day. Block B shall be from Christmas Day at 2:00 p.m. to December 27 at 2:00 p.m. Father shall have Block A in odd numbered years aad Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. This provision shall supersede any other provision of this Order. E. Easter shall be divided into two Blocks. Block A shall be from 5:00 p.m. Easter Eve until 2:00 p.m. Easter Sunday. Block B shall be from Easter Sunday at 2:00 p.m. to 7:00 p.m. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. F. Thanksgiving shall be divided into two Blocks. Block A shall be from the day before Thanksgiving at 5:00 p.m. to 2:00 p.m. Thanksgiving Day. Block B shall be from 2:00 p.m. Thanksgiving Day to 6:00 p.m. the day after Thanksgiving. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. G. Parents shall share all other holidays as agreed except as otherwise provided for in this Order. 5. Transportation shall be shared between Mother and Father such that the receiving party transport except that Father will be responsible to return the Children to Mother in the event he is notified by Wednesday before his weekend that Mother's husband is working that Sunday and unable to transport. Mother shall provide written verification that her husband worked on said Sundays. 6. Paternal Grandparents shall be entitled to partial physical custody as follows: A. Two non-consecutive weeks (seven consecutive days) in the summer, provided they give Mother and Father 30 days prior notice. B. Three other times during the year, one over the Christmas holiday, not to interfere with the parents' holiday schedule. Said periods shall be for three consecutive overnights. Grandparents shall provide 30 days prior notice of exercising said periods of custody. Said periods as much as possible shall not interfere with Father's alternating weekend periods, but in the event that they do, Falher shall be offered makeup periods to provide him with at least two weekends per month. C. Such other times as the parties agree. 7. Grandparents shall be responsible for all trarlsportation. 8. All parties shall be entitled to liberal telephone contact with the Children. Mother shall distribute all cards, letters and gifts to the Children that Father and Grandparents send. 9. No party shall do anything nor permit third parties to do anything that may estrange the Children from the other parties, or injure the opinion of the Children as to the other party or which may hamper the free and natural de:velopment of the Children's love and respect for the other party. 10. No party shall take the Children out ofthe Commonwealth of Pennsylvania without the express written consent of the Mother and Father. Location and telephone numbers shall be supplied to all parties when consent is given to leave the Commonwealth. 11. All parties shall keep the other parties infomled as to current addresses and telephone numbers. 12. 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. BYTH~'rt1/ ~~vV\(b.~~ Edgar B. Bayley, J. cc: Andrew C. Spears, Esquire, Counsel for Mother Jeffrey Y offee, Esquire, Counsel for Father >. ~ I.{ _ .2 ?~ u 'f Carol J. Lindsay, Esquire, Counsel for Paternal Grandparents ~ q-. li: :a: ~~ ~;; 6~ ~O- u:LU ;; ~ U) ..:r o :!C ...: r- N a::: a... ..:t: ..r = = ('.I ,~ ::::>-<;; C)~ ,_:.~I~ ".)::..1 :"..>- ~?(f) j.li'::; 1,~:)tU lLl(..l- "5 ::5 u .J;. EMMA PEARSON BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2002-5286 CIVIL TERM RICHARD DUANE BERKEY, JR.,: CIVIL ACTION - LAW Defendant : IN CUSTODY RICHARD D. BERKEY, SR. and LINDA K. BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2004-1114 CIVIL TERM RICHARD D. BERKEY, JR. and EMMA COONS, Defendant : IN CUSTODY : CIVIL ACTION-LAW PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Andrew Berkey Nathan Wade Berkey Kiera Lynne Berkey June 25, 1997 May 3,1999 April 25, 2001 Mother Mother Mother 2. A Conciliation Conference was held in this matter on April 20, 2004, with the following individuals in attendance: The Mother, Emma Pearson Berkey, with her counsel, Andrew Spears, Esquire, the Father, Richard Duane Berkey, Jr., by telephone with his counsel, Jeffrey Yoffee, Esquire, the paternal grandparents, Richard D. Berkey, Sr. and Linda K. Berkey, with their counsel, Carol J. Lindsay, Esquire. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley dated August 12,2003 at Docket Number 2002-5286 granting shared legal custody with Mother having primary physical custody and Father having partial physical custody on alternating weekends, holidays and summer. Paternal grandparents filed a custody complaint at Docket Number 2004-1114 against the parents requesting primary physical custody. All parties agreed that the two actions be consolidated. 4. The parties agreed to the entry of an Order in the form as attached. L/ -:J..;2'0 (I , Date . ILM.V~ cqu ne M. Verney, Esquire t? ustody Concilliator Ii I V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 5286 EMMA PEARSON BERKEY, Plaintiff RICHARD DUANE BERKEY, JR.,: Defendant CIVIL ACTION .. LAW IN CUSTODY RICHARD D. BERKEY, SR. and, : LINDA K. BERKEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2004-1114 RICHARD D. BERKEY, JR., and EMMA COONS Defendants CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1915.13 1. Richard D. Berkey, Jr. (hereinafter referred to as "Father"), is the petitioner and resides at 3366 Morrisdale Allport Highway, Morrisdale, Clearfield County, Pennsylvania, 16858-8605. 2. Emma D. Coons (hereinafter referred to as "Mother"), is the respondent and resides at 215 Vine Street, Plymouth, Luzerne County, Pennsylvania 18651-2441. 3. The parties are the natural parents of: Taylor Andrew Berkey, born June 25, 1997 Nathan Wade Berkey, born May 3, 1 !l99 Kiera Lynne Berkey, born April 25, 2001 (hereinafter referred to as "Children"). II I' 4. The parties are governed by a custody order dated April 27, 2004 attached as "Exhibit A." 5. The parties had been following the April 27', 2004 custody order until the Memorial Day weekend, 2005. At that time, Mother contacted Father and explained that Mother was having problems with her husband, Tony Coons, with whom she resided in Shippensburg, Pennsylvania, and that Mother may need Father to take the kids "for a while." 6. On June 1, 2005 Mother called Father and explained that Father had to take the children because of these problems. 7. Although the children still had three (3) days of school remaining in the school year, Mother insisted that Father take the children to reside with him at his residence, 8. On or about June 1, 2005, Father took custody of the children. Father has had physical custody of the children since June 1, 2005. 9. Mother had arranged to obtain the children on June 25, 2005. 10. On or about June 25, 2005, Mother contacte,d Father and explained that she had no money and that she could not get the children. 11. Mother contacted Father during the week of July 11, 2005 and has requested that the children return to her. 12. Mother is a United Kingdom citizen and is not legally in this country. 13. Mother has a deportation hearing through the Immigration and Naturalization Service in October, 2005. 14. Mother has recently been asking her husband, Tony Coons, to return to her her passport. II 1'1' I 15. Father learned recently that when Mother I,eft her husband, Tony Coons, in Shippensburg, she began staying with an individual she probably met on the internet at 215 Vine Street, Plymouth, Luzerne County, Pennsylvania 18651-2441. 16. Mother alleges that she has moved from the Vine Street residence and is now living in a HUD-assisted home. 17. Mother has told the children they will begin living in North Philadelphia soon. 18. Mother is not employed and has no known source of income. 19. The oldest child, Taylor, is terrified to return to his mother's custody because of the manner in which Mother treated Taylor previously. 20. Mother is now represented by Jeffrey Stovall, Esquire, of the Family Law Clinic in Carlisle. 21. Mother is apparently asking for primary physical custody of the children; however, Father believes she has no place to stay. 22. Mother is not licensed to drive a vehicle and has no known means of transportation. 23. Mother had been taking Zoloft for depression prior to leaving her husband, Anthony Coons, and her husband reports that she left home around June 1, 2005 without her Zoloft. 24. Mother's only relative in this country, aside from her husband and children, is a brother who resides in California. 25. Richard Berkey, Sr. and Linda Berkey had been represented previously by Carol J. Lindsay, Esquire and are in agreement with Father's request as set forth herein. II WHEREFORE, Father respectfully requests that this Honorable Court enter an Order directing that the children remain with Father pending a conciliation in this matter or, in the alternative, pending an emergency hearing in this matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER r//~J)~ Michael A. Scherer, Esquire 1.0.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas'Domestic\Berkey\speclalrelief.pet 07/13/2005 21:52 8143555985 R I CHARD BERKEY PAGE 82 APR 222004 r EMMA PEARSON BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CVMBERLAl";'D COU'I'I!'fY, PENNSYLVANIA v. : ~!l!l~ 52!!6 C!VU, TRRM RICHARD DUANE BERKEY, JR.,: CIVIL ACTION .. LAW Defendant : IN CUSTODY RICHARD D.BERKEY, SR. and LINDA K. BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2004-1114 CIVIL TERM ~ C;:VrLACT!ON-LAW RICHARD D. BERKEY, JR. and EMMA COONS, Defendant : IN CUSTODY ORDER OF COURT AND NOu" tHo ~ ~1!' day of _O~ .. ,2004, upon consideration of the attached Custody Con~liatjon Report, it is ordered and directed as follows: l. The prior Order of Court dated August 12, 2003 is hereby vacated. 2, The Mother, Emma Pearson Berkey (Coons) and Richard D. Berkey, Jr. shall have shared legal custody of Taylor Andrew Berkey born June 25, 1997. Nathan Wad~ Beitey, be;:; M~~' 3, 10<)0 "nrl Kiera Lvnne Berkey, born April 25, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non~emergency decisions affecting the Children's general well-being including, but no{ iilniku iv, ~.}: dc~~::i:::~~ .!"eg~rd~,~g thp'ir hp~lth._ education and reli.Rion. 'I. Mother shall have primary physical custod y of the Children. 4. ri:ltll';',/,- 3~l:,~l ~::.:-..~:e ~e~i~d~ C'fr~rtl~l physical custody as follows: A. Beginning April 30, 2004, provided Father supplies a letter from a health care l.lrv[i.;,~.):0l1iJ.; ii:ldic:~tir'~g th3.t he i~ not ~. threat to himself or his EXHIBIT "A" 07/13/2005 21:52 8143655905 RICHARD BERKEY PAGE 03 C;!~l0.ll,jr.., ;il~c~:::.-::i~b .,.,re?t.-,:,~ds f",..,rn Frlrl~y at 6:00 p.m. to Sunday at 6:00 p,m. B. School Holidays: If a school holiday falls on a Monday following a ..;:~:1:"""~ :!" ",hie}. "ot"~r ho< custodv ofthe Children, Father's period of woe,,;;;; ~~:~11 c':~e:-:rl ",:,';1 M",vloy .1 /i'00 p.m. If a school holiday falls on a Friday prior to a weekend in which Father has custody ofthe C!'i!d~~n "olh..r'. period of custody shall begin on Thursday evening at 6:00 p.m. This provision shall supersede arty other provision of this Onkl. C. Summer Vacations: Mother and Father are ,:ntitled to custody of the Chl1Ul c.i! f0i: ~~'~'v f,-~H nan-ccm,serl1_tiv~ w~eks in the summer, except in 2U04l tatJlt:l snall Dc eut~tl~d tG thr~c liv:1CG~secutive weeks, which shall rUll ;~0.LJ.! :Ji~l...d':;'j' ~8 5;:'..~d~y ?~_d fbrtnpr provided that Father give Mother 30 days priN notice to mother of the exercise of this provision. This provision shall supersede any other provisions of this Order. D. Christmas shall be divided into two Blocks, Block A shall be from 5:00 p_ro. on Christmas Eve until 2:00 p.m. on Ch:ristmas Day. Block B shall be from Christmas Day at 2:00 p.m. to December 27 at 2:00 p,m. Father shall have Block A in odd numbered years :and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. This provision shall supersede any other provision ofthis Order. r:. E::.~ter ~bll ,,~ il;v;"..ci into two Blocks. Block A shall be from 5:00 p.m. F"<ter Eve until 2;00 p.m. Easter Sunday. Block B shall be from Easter 3uuJ'-1.i Zi~ 2:(:0 p,~. t':' 7:00 r' rn Father shall have Biock A in odd llluutGd Furs ad B10~lr B i'1 even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. F. Thanksgiving shall be divided into two Blocks. Block A shall be from the day before Than.t::~.gi,'in8 at 5:00 p.m. to 2;00 p.m. Thanksgiving Day. Block B 'shall be from 2:00 p.m. Thanksgiving Day to 6:00 p.m. the day after Thanksgiving. Fa,h~l ~hal1 have Block A in odd numbered years and Hinck B in even numbered years_ Mother shall have Block A in even r:umbe~:.'~f~ ;'~!lr~ ~nil Block B In odd nunlbered year~. G. Parents shall share all other holidays as agreed except as otherwise provided for in this Order. 5. Transportation shall be shared between Mother and Father such that the receiving party transport except that fatber will be responsible to return the Children to Mother in the event he is notified by Wednesday before hilS weekend that Mother's husband is working that Sunday and unable to transport. Mother shall provide written verification th~t ~e: h,.' ~ "h~T1rl worked on said Sundays. ,:; Pot.mal Orandvarents shall be entitled to partial physical custody as follows: A. T wv HUJrC0.i.....j~.:~~i..;2 .::eek.~ (~~'.'P1"! f:'.rm<1.ecutive days) 'in the summer, provll1eu th~f gh-c ~..1othcr and F:~ther 30 days prior notice. 1'il7/1 ':I/'J1'iI1'iI1=:; "1" 1=:;" ..., , __'I ___...~-' ,?~A2~I=:;i=:OI'ili=: O!C'l-l^D~ B~:~l/C"V P,~GE ~~ B. Three other times during the year, one over the Christmas holiday, not to interfere with the parents' holiday schedule. Said periods shall be for three consecutive overnights. Grandparents shall provide 30 days pdor notice of exercising said periods of custody. Said periods as much as possible shall not interfere with Father's altemating weekend periods, but in the event that they do, Father shall be offered makeup periods to provide him with at least two weekends per month. C. Such other times as the parties agree. 7. Grandparents shall be responsible for all tnmsportation. ~ fl.' .. . , .. . t. H i. - ___..~~,1....,J +~ 1~l..c>.....1 telpnhnnf> ("()r'\t.."t Wi'th It Chl'ld en u. U Paluc:,:J .:I1!,",-U u\.- I,.,Huu........ ~V ~.v",.,.~. ~ ~...r-.._u~ . __''''_' . , .. ~ --'. r . Mother shall distribute all cards, letters and gifts to the Children that Father and Grandparents send. 9. Nc p8.:-tj' ~!'-.~!! do ~!')rthiT1? "flf)T !",t"TTTiit third parties to do anything that may estrange the Children from the other parties, or injure the opinion ofthe Children as to the other party or which may hamper the free and natural development of the Children's love fl!'la !'esr~("t for the other ~artv. 10. No party shall take the Children out of the Commonwealth of Pennsylvania without the express written consent of the Mother and Father. Location and telephone numbers shall be supplied to all parties when consent is given to leave the Commonwealth. 11. All p~:rti:::: :~~lll,:~~:p th'" nt'h~: r:itrtl~.~ lnfmmed as to current addresses and tclcphcue :l"~~1-..~~ 12. TrJ~ Ord~~ ~':: ~!'.te!~0 rn.lrSllant. to an agreen1ent of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J:sJ 13L..~ ~ /6. ti{.., ~lley, J. cc; f~d~~~.v C. Sp~9.!'~, ~~'111;,..e. Counsel for Mother Jeffrey Y offee, Esquire, Counsel for Father Carol J. Lindsay, Esquire, Counsel for Paternal Grandparents .. TRUE C.oPV FROM RECORU to TestimOnY whereof. I here unlD set my hancl and tilt ~oC said CoIJrI. at CatIIaIe. Pa. ,hi:' ;I.'J-~Y aI~ ~ .: ~~.. _ () t/~, . I D,onthI'U'IM_N ""'... ,~ .... } ,.,""'''''',... U.I/~~/LUU~ L~.~L ,.,~ ~....,... ......,.,""'... U..L'-t-JU""",,-,W-...l ,...,........, ,~.......... .............., /....,} '.'.I........III"""1I\.u ,UL....I'.I,'-I PriGE 85 EMMA PEARSON BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA " .. : :'Il(l1'521!6 C!v!!~ TERM RICHARD DUANE BERKEY, JR.,: qvn. AcnON - LAW Defendant : IN CUSTODY RJCHARD D. RRRKEY. SR. and LINDA K. BERKEY, p1i'!ntift' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2004-1 114 CIVIL TERM : r.IVTJ. ACTION-LAW RICHARD D. BERKEY, JR. and EMMA COONS, Defendant : IN CUSTUO): PRIOR JUDGE: Edg?~ !'t. B!!y!..y, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCmt!).' '-Tr'1I WTTU r'TTMRFRLANTl ('mrNTY RULE OF CIVIL PROCEDURE 191 '.<-8, th~ ""clF'r<i!;npn (''''tody Conciliator submits the following report : 1 The nertinent infonnation concerning the Children who are the subject of this litigation i< "' follow", NA~.1F DATE OF RTRTH CTJRRENTL Y IN CUSTODY OF Taylor Andrew Berkey Nathan Wade Berkev Kiera Lynne Berkey June 25, 1997 May 3, 1999 April 25, 200 I Mother Mother Mother 2. A Conciliation Conference was held in this matter on April 20, 2004, with the following indivirlllRl< in mtendance: The Mother, Emma Pearson Berkey, with her counsel, Andrew Spears, Esquire, the Father, Richard Duane Berkey, Jr., by telephone 07/13/2005 21:52 8143655905 R I CHARD BERKEY PAGE 06 with hi~ counsd, !i>ffrpy Yoffee. Esquire, the pateroal grandparents, Richard D. Berkey, Sr. and Linda K. Berkey, with their counsel, Carol J. Lindsay, Esquire. 3. A prior Order of Court was entered by tbe Honorable Edgar B. Bayley dated August 12, 2003 at Docket Number 2002-5286 granting shared legal custody with Mother having primary physical custody and Father having partial physical custody on alternating weekends, ho"tidays and summer_Paternal grandparents filed a custody complaint at Docket Number 2004-1114 against the parents requesting primary physical custody. AD l'?rt;(>< "~eed that the two actions be consolidated. 4. The parties agreed to the entry of an Order in the form lIS attached. L{-a.;i.-r.;tf Date ' C\~= _ ck'-.J> OV\_ V ~'-<-< ~!. Verney, Esquire ~ Custody L.onciiiawr 07/18/2005 15:48 7172495755 ass PAGE 05 EMMA PEARSON BERKEY, Plaintiff IN THE COU'~T OF COMMON PLEAS OF CUMBERLA"/[) COUNTY, PENNSYLVANIA NO. 2002 - 5:286 V. RICHARD DUANE BERKEY, JR.,: Defendant CIVIL ACTIOIll - LAW IN CUSTODY RICHARD D. BERKEY, SR, and, : LINDA K. BERKEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA V. RICHARD O. BERKEY, JR.. and EMMA COONS Defendants NO. 2004 -1" 14 CIVIL ACTION. LAW IN CUSTODY VERIFICATION The statements in the foregoing Petition For Spllcial Relief Pursuant To Pa.R.C.P. 1915.13 are based upon information wnlch nas been a,ssembled by my attorney in this litigation, Tne language of the statements is not my ovm, I have read the statements; and to the extent that they are based upon information which I have given to my eounsel, they are true and correct to the best of my knowledge, informati'~n and belief. I understand that falsf' statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unlSWOm falsifications to authorities. DATE: July 11,2005 .;ItiJ,p ,I V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 5286 EMMA PEARSON BERKEY, Plaintiff RICHARD DUANE BERKEY, JR.,: Defendant CIVIL ACTION - LAW IN CUSTODY RICHARD D. BERKEY, SR. and, : LINDA K. BERKEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA V. NO. 2004 - 1114 RICHARD D. BERKEY, JR., and : EMMA COONS Defendants CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on July to , 2005, I, Michael A. Scherer, Esquire, of O'Brien,Baric & Scherer, did serve a copy of the Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, Pennsylvania 17013 Jeffrey Stovall, Esquire Family Law Clinic 45 North Pitt Strel~t Carlisle, Pennsylvania 17013 BY /f1ltu~ ~ ~/I,. Scherer, Esquire DATE: July 20,2005 l~ () ~.> ~ (~ ..- 0 r~..:;) "-" ..,., ,- ..... c: ~.r ~ rs ~ i ,,~. r;'1:.: ~) ::-.0 ~ ~ C; ~.' \ L b ~} .. (j n . (n ~ e" ~ " ~ 17 i I ,I V. RICHARD DUANE BERKEY, JR.,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 5286 EMMA PEARSON BERKEY, Plaintiff CIVIL ACTION - LAW IN CUSTODY RICHARD D. BERKEY, SR. and, : LINDA K. BERKEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2004-1114 RICHARD D. BERKEY, JR., and EMMA COONS Defendants CIVIL ACTION - l.AW IN CUSTODY PETITION TO MODIFY CUSTODY 1. The Petitioner is Richard D. Berkey, Jr., (hereinafter referred to as "Father"), who resides at 3366 Morrisdale Allport Highway, Morrisdale, Clearfield County, Pennsylvania, 16858-8605. 2. The Respondent is Emma Coons, (hereinafter referred to as "Mother"), who resides at 215 Vine Street, Plymouth, Luzerne County, Pennsylvania 18651-2441. 3. The parties are the natural parents of: Taylor Andrew Berkey, born June 2ei, 1997 Nathan Wade Berkey, born May 3, 1999 Kiera Lynne Berkey, born April 25, 2:001 (hereinafter referred to as "Children"). 4. The parties are governed by a custody order dated April 27, 2004 attached as "Exhibit A". 5. During the 2005 Memorial Day weekend, Mother contacted Father and explained that Mother was having problems with her husband, Tony Coons, in Shippensburg, Pennsylvania, and that Mother may need Father to take the kids "for a while." At that time, Mother resided with Children and Tony Coons at 39 North Spring Street, Shippensburg, Cumberland County, Pennsylvania 17257. 6. On June 1, 2005 Mother called Father and explained that Father had to take the children because of these problems. Father received custody of Children from Mother at that time and has had primary physical custody of the children at all times since June 1, 2005. 7. Mother is transient, does not have a fixed address and does not have an income. Mother's last known address is 215 Vine Street, Plymouth, Pennsylvania 18651. 8. Mother is a citizen of the United Kingdom and has a deportation hearing in October, 2005 since she is in this country illegally. 9. Father is better able to provide for primary physical custody of Children. WHEREFORE, Father respectfully requests that the Order be entered granting him primary physical custody of Children. Respectfully submitted, O'BRIEN, BARIC & SCHERER Jf4t Af flr Mich " Sc erer, Esquire 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas\Domestic\Berkey\modify.pet 07/13/2005 21:52 8143655905 RICHARD BERKEY PAGE 02 APR 222004 r EMMA PEARSON BERKEY, Plaintift : IN THE COURT OF COMMON PLEAS OF : CU~mERLA!';D COUNTY, PENNSYLVANIA v. : ~(l(l:! 52!!~ crvU. TF.iRM RICHARD DUANE BERKEY, JR.,: CIViL ACTION - LAW Defendant : IN CUSTODY RICHARD D.BERKEY, SR. and LINDA K. BERKEY, Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2004-1114 CIVIL TERM ; C1V}L ACTION-Ll~"W RICHARD D. BERKEY, JR. and EMMA COONS, Defendant : IN CUSTODY ORDER OF COURT AND NO',lT, THo ~'?!' day of _O~u _ ,2004, upon consideration of the attached Custody Con;!liation Report, it is ordered and directed as follows: 1. The prior Order ofeomt dated August 12, 2003 is hereby vacated. 2. The Mother, Emma Pearson Berkey (Coons) and Richard D. Berkey, Jr. shall have shared legal custody of TayJor Andrew Berkey, born June 25,1997, Nathan Wad" Be.'ke)", bc:-:: ~1~~' 3, IQ'l1), "nrl Kiera Lynne Berkey, born Apri125, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affeCting the Children's general well-being including, but nOllitniLc;u LV) Q.1~ ~:k:i:i~Z':~ ;-:'6~~d!~g tb"";1" hf":Pflth; education and religion. ~. Mother shall have primal)' physical custody of the Children. 4. r~i.}!~i 3~.,,:,~1 h~~!e ;e~()d~ 0fp?rtl::.l rhysieal custody as follows: A. Beginning April 30, 2004, provided Father supplies a letter from a health care lJrv[~;,.)~Oll~~ indi:::~~iug th~t he is not H th1"8at to himself or his EXHIBIT "A" 07/13/2005 21:52 8143655905 RICHARD BERKEv PAGE 03 Ci.l11Jll.:.-i'J., ,;i.~~::-:::'~:=-,; '.\.'~,:,tr,:,,~d~ frnrn Frirh~y Sit 6;00 p.m. to Sunday at 6;00 p.m. R School Holidays: If a school holiday falls on a Monday following a .;;::!:~..,~ 'r '''''ioh J;.,h"T h., cu'tody of the Ctuidren, Father's period of "'~o''"';:i- :'::.'~ ~"t~~A ,'n';1 Mnnn.", .1 n'OO p.rn. If a school holiday falls on a Friday prior to a weekend in which Father has custody of the C!-'i!-:l."n J;Rlh"r'~ period of custody shall begin on Thursday evening at 6:00 p.m. This provision shall supersede any other provision of this vnk:L C. Summer Vacations: Mother and Father are entitled to custody of the nO'11 C <A 11 . k . th . '-HUW C.l1 J.0~. '~'\~;O 1. ;..~~. n('!~-(:':'nseCt't1Vflo: wee S 1n e summer, except 1n 2U04! t atilt:T snaii 0'; t:lLt~tl~cl L0 th.r~~ 4~~.~cC':~sect!ti"e w~eks, which ~haU rWJ AAUJ.ll :;l:.l.i.~;"Y t;') S~~d..~.}r ?~d fnrth~T :provided that Father give Mother 30 days prior notice to mother ofthe exercise of this provision. This provision shailsupersede any other provisions of this Order. D. Christmas shall be divided into two Blocks. Block A shall be from 5:00 p.m. on Christmas E,e ilnti12:00 p,m. on Ch,istmas Day. Block B shall be from ChriStnlas Day at 2:00 p.m, to December 27 at 2:00 p,m. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. This provision shall sopersede any other provision of this Order. r:. E::.:t~7 ,~,,-1I 1,,, Ijivirlp.o into two Blocks. Block A shall be from 5:00 p.m. F.~ter Eve until 2:00 p.m. Easter Sunday. Block B shall be from Easter Suuu':'i <it ~::;O p.::-:, t~ '7:(\0 r"" F.lher shall have Biock A in odd l1uiubai:d F~:S a:11 Bl,,~!< B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. F. Thanksgiving shall be divided into two Blo,:ks. Block A shall be from the da) befe,re Thanhgiy;ng ~t 5:00 p.m. to 2:00 p.m. Thanksgiving Day. Block B 'shall be from 2:00 p.m. Thanksgiving Day to 6:00 p.m. the day after Thanksgiving, F",!it;" ~liall have Block A in odd numbered years and RInck B in even numbered years_ Mother shall have Block A in even 1/.urr:t-e~-::<i ~"'~?.r~ :mrl Block B 1n odd nunlbt;retl yean;. G. Parents shall share all other holidays as agreed except as otherwise provided for in this Order. 5. Transportation shall be shared between M~ther and Father such that the receiving party transport except that Father will be responsible to return the Children to Mother in the event he is notified by Wednesday before his weekend that Mother' 5 husband is working that Sunday and unable to transport. Mother shall provide written verificatioro tho.~ he~ ~'_'~n,=!nrl worked on said Sundays. ~ PM.ma I Grandvarents shall be entitled to partial physical custody as follows: A. 7Vvv ;~U.lc{'0i:J.z~~-..:ti.:~ ..~:~ek~ (SP.''\I':''T! (,0n~ecuti"e days) in the swnmer, pro....il.it:u thc;:) gl-~.,: ~,,10thcr ana F~ther 30 days prior notice. 07/13/2005 ~1:5~ 8~t!25::::?~13 OTf"'UAon nc-ovt:'v - - " .. '- ~_...~. !=',~GE e4 B. Three other times during the year, one over the Christmas holiday, not to interfere with the parents' holiday schedule. Said periods shall be for three consecutive overnights. Grandpatents shall provide 30 days prior nDti~e of exercising s!lid periods of custody, Said periods as much as possible shall not interfere with Father's alternating weekend periods, but in the event that they do, Father shall be offered makeup periods to provide him with at least two weekends per month. C. Such other times as the parties agree. 7, Grandparents shall be responsible for all transportation. " i. 'j'j p' .' '" ,. - m.'.l.~.. "'-0".1 'e'Anh""A MTI~~t Wj'th th Ch'ld en u. '" muc,',.:>.u",U L.ll.,. I"..uuu......... ~v ...,...."'......., ....r..._..~ . ,.,":'.... ',' ~ t r . Mother shall distribute all cards, letters and gifts to the Children that Father and Grandparents send, 9. N;; p:t;' ~~,",!! ~b .n)"hh,? TIM !,,,rmit third parties to do anything that may estrange the Children from the other parties, or injure the opinion ofthe Children as to the other party or which may hamper the free and natural development of the Children's love 2.!ld ~s.rl!'('t f0T the other party. 10. No party shall take the Children out of the Conunonwealth of Pennsylvania without the express written consent of the Mother and Father. Location and telephone numbers shall be supplied to all parties when consent is given to leave the Commonwealth. 11. 11.11 ya~i;: ::~~!ll,::=,~p t~'" t'l~~~!' r",rlip.-~ lnf01med as to current addresses ...-..:1 ....,.1...._1...........0 ..,.~1'""h,&t"<' c::t,Uu. t""-t'-'C'.u.vuv ~""~."h _._. 12. Th~ Ord?~ ~= e~!~,pcl r\1.1r~\13nt to an agreement of the parties at Ii Custody Conciliation Conference, The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~a~le~' Li{.., J. C\::; Az.dl"~"'''' C. S~?..!'~,. ~l:!~llire_ Counsel for Mother Jeffrey Yoffee, Esquire, Counsel for Father Carol J. Lindsay, Esquire, Counsel for Paternal Grandpatents .... TRUE COPY FROM RECORU 1 n T 8I1imOIIY whel'eof. I here \lIllO set my hancl and U\t gal of said Court at CatIisle. h. :h:~ ,1-.j~ ~y of ~ ~ . (. ay _ () ,i.:..., . ) DoW"""..'"'" 87/13/2DDS ....~_....... .t:...I...J~ ....~ ~....... .....-......,... Q..I...,J"'..........-''-'....J .......I"'ll ,ft.......... ............, ~...." "..I.'uIIMhU 'uL-r'hl"...1 P;'GE 85 EMMA PEARSON BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA " " : 1I\Q2-52~6 (,!vIL TERM: RICHARD DUANE BEPX.EY, JR.,: qVH. A"CTJON - l~A W ()elenl1ant : IN CUSTODY RJCHARO O. RRRKEY. SR. and LINDA K. BERKEY, p~~!~t!ff : IN THE COURT Ol' COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : 2004-1114 CIVIL TERM : nvn, AC.TlON-LA W RICHARD D. BERKEY, JR. and EMMA COONS, Defendant : iN t:USTUUY PRIOR JUDGE: Edg~!' !:'. B!!y!"y, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACC0P.D_.,Nr.... W!T"fl C'lTMRFRLANl) COUNTY RULE OF CIVIL l'ROCEDUP.E 1915.3-8 th" "ntl.."icml'rl C"'lnclv Cnnciliator submits the following , - ,. - report: 1 The nertinent infonnation concerning the Children who are the subject of this litig~ti(\n i, "' follow", NA~.1E nATF OF )'\1'RTH CURRENTLY IN CUSTODY OF Taylor Andrew Berkey Nathan Wade Berkev Kiera Lynne Berkey June 25, 1997 May 3,1999 April 25, 2001 Mother Mother Mother 2. A Conciliation Conference was held in this matter on April 20, 2004, with the following indivinIlRI., in attendance: The Mother, Emma Pearson Berkey, with her counsel, Andrew Spears, Esquire, the Father, Richard Duane Berkey, Jr., by telephone 07/13/2005 21:52 8143655905 RICHARD BERKEY PAGE 06 v.ith his counsel, Jeffi',.y Yoffee, Esquire, the paternal grandparents, Richard D. Berkey, Sr. and Linda K. Berkey, with their counsel, Carol J. Lindsay, Esquire. 3, A prior Order of Court was entered by the Honorable Edgar B. Bayley dated August 12, 2003 at l)Qcket Number 2002-5286 granting shared legal custody with Mother having primary physical custody and Father having partial physical custody on alternating weekends, holidays and sununer. Paternal grandparents filed a custody complaint at Docket Number 2004-1114 against the parents lequesting primary physical custody. .I',.!! part;eo ~~eed that the two actions be consolidated. 4. The parties agreed to the entry of an Order in the form as attached. i} -~.;J. -(; 'I Date ~ ~ ILl-,; (itA. V ~...'-< ~ Verney, Esquire J- Custody conc;jliator 07/18/2085 15:48 7172495755 OBS "~'''l PAGE 11 V. RICHARD DUANE BERKEY, JR.,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 528Ei EMMA PEARSON BERKEY, Plaintiff CNlL ACTION - LAW IN CUSTODY RICHARD D. BERKEY, SR. and, : LINDA K. BERKEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYlVANIA V. RICHARD D. BERKEY, JR., and : EMMA COONS Defendants NO. 2004 - 1114 CIVIL ACTION - LAW IN CUSTODY VERI FICA nON I verify that the statements made in the foregojn~1 Petition To Modify CU$10dy are true and correct. I understand that false statements herein are made subject to the penalties 0': 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. IUJ jJ.~, Richard D. Berkey, J DATED: July f q, 2005 i' I .] EMMA PEARSON BERKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 5286 CIVIL ACTION - LA.W IN CUSTODY V. RICHARD DUANE BERKEY, JR.,: Defendant RICHARD D. BERKEY, SR. and, : LINDA K. BERKEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD D. BERKEY, JR., and : EMMA COONS Defendants NO.2004-1114 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Michael A. Scherer, Esquire, attorney for Defendant in the above-captioned action, do hereby certify that I served a copy of the Petition to Modify Custody via regular U.S. Postal Service Mail,to: Carol J. Lindsay, Esquire 26 West High Street Carlisle, Pennsylvania 17013 Jeffrey Stovall, Esquire Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania '17013 BY M;"h1kf1~Esq"i'e DATE: July 20,2005 <-' C':;' C' ,.::l ." ~ ~ ~ ~~ '-- ...., ..,- c::: ..,.-._-r' '*" \'"" j \1j~ ~ l"...) I)' c) ~ ~ <==> rt. ~ -.",) ,", ~ __..T . -,~ ~ :':,( -,' ('=) \j ;;5 )\T\ ; " r-..,) ~:,J '-J _l .-< II EMMA PEARSON BERKEY, Plaintiff V. RICHARD DUANE BERKEY, JR.,: Defendant RICHARD D. BERKEY, SR. and, : LINDA K. BERKEY, Plaintiffs V. RICHARD D. BERKEY, JR., and : EMMA COONS Defendants ~ECEIVED JUL 21 Z005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 5286 ./ CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1114 CIVIL ACTION - LAW IN CUSTODY ~, ORDER OF COURT AND NOW, this ~~ay of July, 2005, pending further order of court, the Father, Richard D. Berkey, Jr., shall have primary physical custody of Taylor Andrew Berkey, born June 25, 1997, Nathan Wade Berkey, born May 3,1999 and Kiera Lynne Berkey, born April 25,2001. A hearing is set in this matter for the ;{~i:+- day of , 2005 at q ./5' --- a.m.l~. in Courtroom No.2 of the Cumberland County Co rthouse, Carlisle, Pennsylvania. ~ael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 ~rey Stovall, Esquire Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 ~/ ~ '- 2t: :S Hd 22 inr gaoz AI:J\lLC;:C:;'C~!:! 3H1 .:!O ?:JlcbCHElII:1 EMMA PEARSON BERKEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-5286 CIVIL ACTION LA W RICHARD DUANE BERKEY, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Jnly 27, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqneline M. Verney, Esq. , the conciliator, at 4tb Floor, Cumberland County Courtbouse, Carlisle on Tuesday, September 06, 2005 at 9:30 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 penn anent order. The court hereby directs the parties to furnish any and all existing I'rotection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl facqueline M. Vemel'. Esq. Custody Conciliator y' ~ 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) 249-3 166 7:fi~ ~ ~~~ 5<7,<"< ~~b7'l, ~~~ ~ ~ ~~ YC;Z-67!">t:. ~b :6 ~ 4 ~ ..5t9"c>,c.. B I.? 1.1,1 5,Z 'i:lr SODZ .(, it,-1 ..".... " :it-ll' -10 ^b'~",' '.'\.<. '. ~, _ v ~ '. . -. 'j t ,. . . --:'v;; 11/'"1--11:-j'l':1 ':h))::i7''...> ,_~.. 1.. V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EMMA PEARSON BERKEY, Plaintiff RICHARD DUANE BERKEY, JR., Defendant NO. 02-5286 CIVIL TERM RICHARD D. BERKEY, SR. and LINDA K. BERKEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RICHARD D. BERKEY, JR., and EMMA COONS, Defendants NO. 04-1114 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of July, 2005, this matter having been called on a petition for special relief, the following temporary order is entered: 1. Taylor, Nathan and Kiera shall be transferred to their mother on Sunday, July 31, 2005. 2. They shall go back with their father on Sunday, August 14, 2005. 3. They shall go back with their mother on Sunday, August 21, 2005. This Court will enter a fallow-up order determining which parent shall have the children fOl: the beginning of the 2005. VQ0'~Y LOJJfCJ, ~\~ ~ffrey G. Stovall, Certified Lucy Johnston-Walsh, Esquire For Emma Pearson Berkey Sheriff f\~~ ~t\~ O~-O \ Michael A. Scherer, Esquire ;> For Richard Duane Berkey, Jr. prs ,:':l.... 0:; t:~ U._}!_=':. --c' ..:..~ - r:~':;;F- r>c~ :!:/(,:'. 0:' i:fJ J:;; '-<- o ....... ('v (.~ q.-. ~-... "~.,- ....... I '''-'' ;~~, c-::;,~; .. EMMA PEARSON BERKEY, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD DUANE BERKEY, JR., DEFENDANT : 02-5286 CIVIL TERM RICHARD DUANE BERKEY, SR., AND LINDA K. BERKEY, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD DUANE BERKEY, JR. AND EMMA COONS, DEFENDANTS 04-1114 CIVIIL TERM TEMPORARY ORDER OF COURT AND NOW, this l~ day of August, 2005, if the school year starts before the merits of the pending custody case are resolved, IT IS ORDERED THAT AT THAT TIME: (1) The children shall attend school from their mother's residence. (2) The children shall be with their father every other weekend from Friday after school until Sunday evening or until Monday evening if Monday is a school holiday. vFo..m\ \ f lAw C l'u~\c.. Jeffrey G. Stovall, Certified Legal Intern Lucy Johnston-Walsh, Esquire For Emma Pearson Berkey (3) This order shall not be to the prejudice of either pa /- ,/ By tlie Court, / ,/ .'. // ~M~ Edgar B. Bayley, J. merits. vMichael A. Scherer, Esquire For Richard Duane Berkey, Jr. :sal ~ /2'Y'1 '" '.j I . ~ Ai:fl.li......, t,. S!J/? iI~~~,~,;}:/;j"rj~:,,::/ :::~ "'{,- , -'.;':" /'-r"/7~.'" /J. ~r~'l '". ,l,j '(.; ...Jij " or' ~" ] EMMA PEARSON BERKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002 - 5286 RICHARD DUANE BERKEY, JR., : Defendant CIVIL ACTION - LAW IN CUSTODY ------------------------------------------------------------------------------------------ RICHARD D. BERKEY, SR., and, LINDA K. BERKEY, Plaintiffs IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 -1114 RICHARD D. BERKEY, JR., and, EMMA COONS, Defendants CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE Plaintiff, Emma Coons, by and through her attorneys, the Family Law Clinic, represents the following: 1. A custody hearing in this matter is scheduled before the Honorable Edgar Bayley for November 30, 2005. 2. Plaintiff is represented by the Family Law Clinic of the Dickinson School of Law. Defendant, Richard D, Berkey, Jr., is represented by Michael A. Scherer, Esquire, and Defendants, Richard D. Berkey, Sr., and Linda K. Berkey, are represented by Carol J. Lindsay, Esquire. The parties are in the process of developing an agreement as to the custody ofthe three minor children, and ask the Court to continue the date of the hearing. 4. Pursuant to Cumberland County Rule of Court 208.2(d), plaintiffs counsel sought concurrence from opposing counsel. Counsel for Richard D. Berkey, Jr., does concur in this motion for continuance. Counsel for Richard D. Berkey, Sr., and Linda K. Berkey, also concurs with this motion for continuance. WHEREFORE, Plaintiff respectfully requests a continuance in the hearing date for the above-captioned manner. Date: November 22, 2005 Respectfully Submitted, J~~ Certified Legal Intern '- 1'<2' cre T MA .],1 ACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 '~Vl <::>C, ( ) c; c> -,~I :;J r,.) r,~) ,,, . EMMA PEARSON BERKEY, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD DUANE BERKEY, JR., : L DEFENDANT ) 02-5286 CIVIL TERM. ------------------------------------------------------.-----------------.-------------------_.---- RICHARD DUANE BERKEY, SR., IN THE COURT OF COMMON PLEAS OF AND LINDA K. BERKEY, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. RICHARD DUANE BERKEY, JR. AND EMMA COONS, DEFENDANTS 04-1114 CIVIL TERM ANTHONY L. COONS, JR., PLAINTIFF/RESPONDENT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. EMMA D. COONS, DEFENDANT/PETITIONER V. JASON CUNNINGHAM, DEFENDANT/PETITIONER 05-2939 CIVIL TERM AND NOW, this ORDER OF COURT /)V'rd- day of November, 2005, at the request of counsel, the hearings scheduled on all of the above cases are continued generally. Counsel may request through chambers a rescheduling of the cases if not settled, and the court will provide an expedited hearing. . ~rey G. Stovall,Certified Legal Intern Lucy Johnston-Walsh, Esquire For Emma Pearson Berkey ~ael A. Scherer, Esquire For Richard Duane Berkey, Jr. and Anthony L. Coons, Jr. ~rol Lindsay, Esquire For Richard D. Berkey, Sr. and Linda K. Berkey ~ra Haggerty, Esquire F::1 Jason cunningh:m ~~. ~ <<.~~o/) . _-/J ( C\' LY /~ \\ :-:;'-, ,-.-_ ':::~'J t!.! -"i- ,::.--: I.' c'5 1''':', ~g <~ ,V) (' I en _.J ~~) EMMA PEARSON BERKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. NO. 2002 - 5286 RICHARD DUANE BERKEY, JR., : Defendant CIVIL ACTION - LA W IN CUSTODY ----------------------------------------------------------------------------------.------- RICHARD D. BERKEY, SR., and, LINDA K. BERKEY, Plaintiffs IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004 - 1114 RICHARD D. BERKEY, JR., and, EMMA COONS, Defendants CIVIL ACTION - LA W IN CUSTODY MOTION FOR CONTINUANCE Plaintiff, Emma Coons, by and through her attorneys, the Family Law Clinic, represents the following: 1. A custody hearing in this matter is scheduled before the Honorable Edgar Bayley for November 30,2005. 2. Plaintiff is represented by the Family Law Clinic of the Dickinson School of Law. Defendant, Richard D. Berkey, JI., is represented by Michael A. Scherer, Esquire, and Defendants, Richard D. Berkey, SI., and Linda K. Berkey, are represented by Carol J. Lindsay, Esquire. The parties are in the process of developing an agreement as to the custody of the three minor children, and ask the Court to continue the date ofthe hearing. 4. Pursuant to Cumberland County Rule of Court 208.2(d), plaintiff's counsel sought concurrence from opposing counsel. Counsel for Richard D. Berkey, JI., does concur in this motion for continuance. Counsel for Richard D. Berkey, Sr., and Linda K. Berkey, also concurs with this motion for continuance. WHEREFORE, Plaintiff respectfully requests a continuance in the hearing date for the above-captioned manner. Date: November 22,2005 Respectfully Submitted, J~~ Certified Legal Intern /\ /1 'hk<2 et( T \ MA~ . JilLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 70 13 i.,(?--; '----'"><-- r{l," --1 : . ~ r.:;: f""') ( -.' ,:<~ C) EMMA PEARSON BERKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. NO. 2002 - 5286 RICHARD DUANE BERKEY, JR., : Defendant CIVIL ACTION - LAW IN CUSTODY RICHARD D. BERKEY, SR., and, LINDA K. BERKEY, Plaintiffs IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 - 1114 RICHARD D. BERKEY, JR., and, EMMA COONS, Defendants CIVIL ACTION - LA W IN CUSTODY CUSTODY AGREEMENT THIS AGREEMENT, made this _ day of , 2005, between Emma Coons, hereinafter "Mother", Richard D. Berkey, Jr., hereinafter "Father", and Richard D. Berkey, Sr., and Linda K. Berkey, hereinafter "Paternal Grandparents", concerns the custody of minor children, Taylor Andrew Berkey, born June 25,1997, Nathan Wade Berkey, born May 3, 1999, and Kiera Lynne Berkey, born April 25, 2001. Mother, Father and Paternal Grandparents desire to enter into an agreement as to the custody of the children. Mother, Father and Paternal Grandparents agree to the following: 1. Mother and Father shall have shared legal custody of Taylor Andrew Berkey, born June 25, 1997 and Nathan Wade Berkey, born May 3, 1999. Mother, Father and Paternal Grandparents shall have shared legal custody of Kicra Lynne Berkey, born, April 25, 2001. Each party shall have an equal right, to be exercised jointly with the \ other party, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of Nathan Wade Berkey, born May 3, 1999. 3. Father shall have primary physical custody of Taylor Andrew Berkey, born June 25, 1997. 4. Paternal Grandparents shall have primary physical custody of Kiera Lynne Berkey, born, April 25, 2001. 5. Weekends shall be arranged in a four week cycle, with Mother having custody of the three minor children on the first weekend, Father on the second weekend, Paternal Grandparents on the third weekend and the fourth weekend being "off'. During the "off' weekend, the children shall stay with the party that is hislher primary physical custodian. 6. The summer months will constitute a nine-week period that will begin the first Sunday that all of the children are out of schoo!. The parties shall alternate weeks of custody so that Mother, Father, and Paternal Grandparents take their turns in an alternating schedule with all three children. When the nine-week period ends, the alternating weekend schedule described in paragraph 5, shall commence at the point where it ended in the spring. For example, if Father had the last weekend with the children in the spring, the Paternal Grandparents shall have the first weekend of the fall. \ 7. Over the Christmas school holiday period, the children will spend time with an three parties together with their siblings, The dates of the visits shan be agreed upon by the parties. 8. Transportation shan be arranged so that the party receiving custody picks up the children for their periods of custody. Paternal Grandparents will deliver Kiera Lynne Berkey to Father's house when Mother picks up the children. Similarly, Paternal Grandparents win also pick Kiera up at Father's house after the child's weekend with Father. 9. An parties shall be entitled to liberal telephone contact with the children. The parties shall distribute an cards, letters and gifts to the children that the other parties send. 10. No party shall do anything nor permit third parties to do anything that may estrange the children from the other parties, or injure the opinion of the children as to the other party or which may hamper the free and natural development of the children's love and respect for the other parties. 11. No party shall take the children out of the Commonwealth of Pennsylvania without the express written consent of the other parties. Location and telephone numbers shan be supplied to all parties when consent is given to leave the Commonwealth. 12. All parties shall keep the other parties informed as to the current addresses and telephone nwnbers. , 13. The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of Court. y:;-' :;:,: (~~//2'" c'c. C,r~7 .)2. Emma Coons I / I ~ lora ~ Id. - ~~ --0,:)-- Date M~h~ Counsel for Defendant 19 W. South Street Carlisle, P A 17013 r0~ STON-WALSH ANN MACDONALD-FOX THOMAS M. PLACE Counsel for Plaintiff F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2368 /, "l-OG.:, Date ~~l. I<~~ Linda K. Berkey J-1-o(r) Date '\ Carol Lin Counsel efendants 26 W. High Street Carlisle, P A 17013 \~1. 11 ~ ,.----- c' () -(\ (..- C) r.) r",) - . d- V. IN THE COURT OF COMMONI:~~~;\OI.~OD~~ CUMBERLAND COUNTY, PENNSYL VANIA NO. 2002 - 5286 / CIVIL ACTION - LAW IN CUSTODY , EMMA PEARSON BERKEY, Plaintiff RICHARD DUANE BERKEY, JR., : Defendant ------------------------------------------------------------------~----------------------- RICHARD D. BERKEY, SR., and, LINDA K. BERKEY, Plaintiffs IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2004-1114 RICHARD D. BERKEY, JR., and, EMMA COONS, Defendants CIVIL ACTION - LAW IN CUSTODY QB.~ER OF COURT And now on this ~ day of ~ ~' 2006, the attached Custody Agreement is approved and entered as an Order of Court. - -' // "., J. 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