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Home My WebLink About07-5306Montgomery County Montgomery County The Office of the Prothonotary -William E. Donnelly Case Details Case Number: Commencement Date: Case Type: PFA Number: Caption Plaintiff: Caption Defendant: Judgement Indicator: Lis Pendens Indicator: Status: Judge: Parcel Number: Remarks: Seated: 2007-10180 4/30/2007 11:14:01 AM Complaint for CustodyNisitation Plaln4iffs• ^ Page 1 of 1 ~7- b3ato ~ ivi l lerM Address Line ~ Z!R l C S4- ~ij Name 1 ~lne 2 ~ ~ Sr~4 ounse S4li.Q~! y COLES, 9 NOCCHI, RICHARD WHITEMARSH APT B LANSDALE PA 19446 MARGUERITE Yes 1 M LN M COLES, RICHARD M Defendants: ^ COLES, KRISTEN B No No ss A r l t [ N ~m~ L ne l Line Z ~ Stag ~ t Counsel CoCounse o i y auenc,e COLES, 6351 KRISTEN STEPHENS MECHANICSBURG PA 17050 Yes 1 B CROSSING 2 TILSON Garnishees: ^ No CERTIFIED FROM THE RECORDS OF THE PROTHONOTARY COURT OF COMMON PLEA MONTGOh~ER'~~C{~I~TY PA. ' - Judgments: ^ ~` 11~l~.L1AME. DONNEtLY PQ_0_'~HON~Nve Locations: ^ DATE: 7~T OL~~Kd c ^ Dockets: ^ ~uence ~ Ina Date Docket Tvice Docket Text Sealed 0 4/30/2007 Complaint for No 11:14:01 AM CustodyMsitation 1 5R/2007 Notice AND ORDER TO ATTEND MEDIATION No 6:51:41 AM ORIENTATION 5/3/07 KEHS, CA ~. 5/9/2007 Order for Linkage of No 7:24:37 AM Case No.(s) 3 5!17/2007 Notice of Scheduling No 1:57:46 PM 4 5/24!2007 Preliminary Objections DEFT TO COMPLY FOR CUSTODY BY PLTF No 12:30:02 PM of 5 5/2412007 Certificate of Service OF THE FOREGOING DOCUMENT SENT ON No 12:30:38 PM 5!21!07 5/29/2007 OF 5/29/07 DANIELE, J PRELIM OBJECTIONS 6 3:28:26 PM Order SUSTAINED MATTER TRANSFERRED TO No CUMBERLAND CO CC 7 5/29!2007 Notice OF FEE No 4:06:43 PM 8 6/6/2007 4:27:35 PM Affidavit of Service of CUSTODY COMPLY ON 518107 No 9 71212007 Notice OF FEE No 3:47:17 PM 10 7/16/2007 Transfer to Another CUMBERLAND COUNTY No 11:32:26 AM CountylState n e axes: NC mb Commenced Case Tvice Pl t D f d Judgement ~ i $~~ ar a n an e ns 2007- 3/212007 Objection to Foreign COLES, COLES, No No 3 04994 Order KRISTEN B RICHARD M http://mcweb/PSIViewer/EntityDetail.aspx?Print Y 7/16/2007 P ~ ~ ~ v d ' ' f ~.~ n ~ .~ t~7 A . ~ A -~+ ~ r ~j s `> b - -~ ~ _ -=~ 07- Civil berm IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RICHARD M. COLES : N0.07-10180 VS. KRISTEN B. COLES ORDER And now, this ~~ day of May, 2007, upon consideration of Plaintiff's- Father's Complaint for Custody filed Apri130, 2007, Preliminary Objections filed by Defendant-Mother on May 24, 2007 and conference of Counsel on May 24, 2007, it is hereby ORDERED and DECREED that the Preliminary Objections as to jurisdiction are SUSTAINED and this matter is transferred to Cumberland County for further proceedings. BY THE COURT: ~~ ~% ~ -~ Copy of the above Order sent To the following on 5 ~~,~ Court Administration Marguerite M. Nocchi, Esquire othy J. Colgan, uire L~ Secretary ~I 20o7-lotgo-ooo6 5/29/2007 3:28:26 PM C+rder William E. Donnelly Montgomery County Prothonotary ~:~ ~~ IN THE COURT OF CO?MMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA L~,, ,, CIVIL ACTION -LAW NO. b 7- ~ ~~ gz~ v. . ` ~ C..O'l.l~ NOTICE TO DEFEND A complaint has been filed in the Court of Common Pleas of Montgomery County concerning custody, partial custody or visitation of the minor child(ren) named in the attached ComplaintlPetition. The Court has learned you may have a legal interest in custody, partial custody or visitation of the child(ren) named. If you wish to claim the right to custody, partial custody or visitation, you may file a counterclaim. You are ordered to attend mediation orientation. as described in the order attached to this notice, prior to the scheduled conciliation conference/hearing. A conciliation conference/heazing will be scheduled by the Court. If you fail to appeaz as provided by the scheduling order that will be mailed to you in the near future, an order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE MONTGOMERY BAR ASSOCIATION 409 CHERRY STREET NORRISTOWN, PA 19401 610-279-9660, EXT. 201 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Montgomery 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 with the Court, please contact 610- 278-3224. Arrangements must be made at least 72 hours prior to any hearing business with the Court. ~__..- FAMILY COURT COVER SHEET In The Court of Common Pleas of Montgomery County, Pennsylvania Civil Action Richard M. Coles 9 Whitemarsh Lane, Apt. #B Lansdale, PA 19446 SS # 101-46-9670 vs. Kristen B. Coles 6351 Stephens Crossing Mechanicsburg, PA 17050 (CP) NO: (DR) NO: (D) NO: ATTORNEY FOR PLAINTIFF: Marguerite M. Nocchi, Esquire 108 W. Walnut St., North Wales, Pa. 19454 215-661-1188(Phone) 215-661-1189(fax) Attorney I.D. #60057 ATTORNEY FOR DEFENDANT: AVERMENT OF CONSOLIDATION On the spaces below, please identify all companion case numbers associated with this case (including any closed files involving the same party-litigants) that relate to: 1. Divorce/Annulment 2. Support 3. Equitable Distribution 4. Paternity 5. Custody/Visitation/Habeas Corpus 6. Special Relief 7. Outstanding/Temporary/Final Protection From Abuse Order I certify that the information provided above is comprehensive and complete to the best of my knowledge, and that I have formally er~~ed my appearance for the case captioned above. (\ By: ar eri . Nocchi, Esquire ~.. MARGUERITE M. NOCCHI, ESQUIRE ATTORNEY I.D. (160057 108 W. WALNUT STREET NORTH WALES, PA 19454 (2151661-1188 ATTORNEY FOR PI A~NTIF,~ IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA FAMILY DIVISION Richard M. Coles 9 Whitemarsh Lane Apt. #B Lansdale, PA 19446 SSN 101-46-9670 v. Kristen B. Coles 6351 Stephens Crossing Mechanicsburg, PA 17050 ~~I ^ • ~ II I 2007-10180-0000 4/30/2007 11:14:01 AM Complaint for CustodyNisitation William E. Donnelly Montgomery County Prothonotary COMPLAIN'J~~O$ CUSTODY FOR: RICeARD H. COLES DATE aF, IEIIRTII AUGUST 21.1992 DANIELLE COLES. DATE~ft,~NUARY 23, 1995 AND JAMIE AUGUSTUS COLIrS DATE tN+' BIRTH APRIL 12, 1997 1. 2. 3 4. The Petitioner is Richard M. Coles residing at 9 Whitemarsh Lane Apt. B Lansdale, PA 19446 The Respondent is Kristen B. Coles residing at 6351 Stephens Crossing, Mechanicsburg, PA 17050. The parties were married on December 17, 1988 and divorced on January 31, 2001. The parties are the parents of: Richard H. Coles date of birth August 21, 1992 Danielle Coles, date of birth January 23, 1995 Jamie Augustus Coles date of birth April 12, 1997 6. The Respondent and the children moved to Pennsylvania in July 2006 . While the Petitioner was in rehabilitation at Bergen Regional Medical Center, the Court entered an Order without Petitioner's knowledge or appearance and based on the Respondent's Motion only a true and correct copy of this Order is attached hereto as Exhibit A. a~~~ ~:--. 7. Since that time circumstances have changed for the Petitioner: a. The Petitioner has a residence; b. The Petitioner is employed; c. The Petitioner is sober for over two hundred (200) days; d. The Petitioner is actively involved in Alcoholics Anonymous; and e. The Petitioner is able to be reintroduced into his children's lives and poses no threat or risk to their safety. 8. Pennsylvania is home state and jurisdiction is proper here. WHEREFORE, the petitioner respectfully requests that this Honorable Court grant partial physical custody of the minor children to the petitioner. Submitt ~~~J~ ~~-~lv T~Iaz~uerit~IVI~ Nocchi, Esquire Attorney r titioner 2 VERIFICATION I, Richazd M. Coles, hereby verify that the foregoing statements aze true and correct to the best of my knowledge and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: 6 Richard M. Coles, Petitioner 3 EXHIBIT A ... . ~ ~ 1 ~.~ E ~. ORDER PREPARED BY THE COURT A.uG 2 ~ 2006 v. ~R -- RICHARD COLES, SUPERIOR COURT OF NEW JERSEY Plaintiff, CHANCERY DIVISION, FAMILY PART • MORRIS COUNTY vs. DOCKET NO. FM-14-701-01 KRISTEN COLES, • Defendant. CIVIL ACTION • ORDER ON NtOTION THIS MATTER, having been opened to the Court by Defendant's . Motion filed on )uly 13, 2006, and the Court having considered the papers submi . tied in support thereof and there being no opposition, and for ood ca 9 use, IT IS, on this 18~' day of August, 2006, ORDERED that Defendant shall have sole custody of the parties' ch lldren without prejudice to Plaintiff to seek modification; it is FURTHER ORDERED that Plaintiff shall become current in his arrears which total $43,000 as per the certification of Defendant as of Se tembe P r 1, 2006; it i~ . FURTHER ORDERED that effective September 1, 2006 a P Yments shall be made through Probation for alimony and child support; tt is ~ . FURTHER ORDERED that $3975 for rxtedical expenses shall b® reduced to a Judgment In favor of Dei}endarrt and against Plaintiff; it Is ' i~URTHER 4RD~RfD that .all prior Orders. not inconsis tent with this DATE: ~~~ ~4 Thomas V, Manahan, J.S.C. Statement of R a ons Unopposed ~.~`'. 1N THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA `- CIVIL ACTION -LAW ~1 ~t'1Q..fG~ Cd ~~~ NO. v. I~f i SJ-e..r. Cv ~eS NOTICE AND ORDER TO ATTEND MEDIATION ORIENTATION In order to promote resolution of custody and/or visitation disputes, this Court has instituted a mandatory mediation program. All parties in a custody action are required to meet together with a trained mediator for a mediation orientation session. Please note, however, that the orientation session is NOT required if a party or a party's child is or has been the subject of abuse either during the pendency of this action or within 24 months preceding the filing of this action. You are directed to attend a mediation orientation session with the following mediator: Name: C~'oline Mirabile, J.D. Address: P.O. Box 3070 617 Swede Street Norristown, PA 19401 610-275-2600 Phone: The parties may, however, agree to the selection of a dii~Crent mediator than the mediator listed above. A list of qualified mediators is available in the Court Administration Office and on the Court's website at www.courts:montcona org. If the parties are unable to agree on the selection of a different mediator, then you shall attend mediation orientation with the mediator assigned above. You are directed to contact the mediator assigned above, or other mediator selected by agreement of the parties, within ten (10) days of the date of this Order for the purpose of scheduling a mediation orientation appointment. You are directed to participate in the. mediation orientation session within thirty (30) days of the date of this Order. Failure to schedule and/or attend this session may result in the imposition of sanctions by ttie Court. The cost to the parties will be $150.00 for the mediation orientation session to be paid $75.00 by each party, payable directly to the chosen or assigned mediator. BY THE COURT: Ct. Admin. cc: Assigned Mediator 1 1~ MI 2007-10180-0001 5/7/200'7 6:51:41 AM Notice William E. Donnelly Montgomery County Prothonotary IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA CIVIL ACTION -LAW KRISTEN B COLES No. 2007-04994 20 7-1018 vs. RICHARD M COLES ORDER OF LINKAGE TO THE PROTHONOTARY: Please enter an Order of Linkage as a docket entry in all cases listed above, referring to the ; case number of all previously filed Family Court matters as well as a notation on the face of each file folder-that will contain the same case number references. Note, the above cases are assigned to designated Judge TILSON per: ^ Family Administrative Judge ® Court Administration (routine reassignment) ^ Both Vx:~~~K,.~.o Court Administration 5/7/07 AD ~~ ' ~ ~I 2007-1o1so-ooo2 5/9/2007 7:24:37 AM C+rder for Lipka a of Case No.(s) William Lg Donnelly Montgomery County Prothonotary (Page 1 of 2) v" IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA NOTIFICATION OF LISTING FOR CUSTODY CONCILIATION CONFERENCE COLES, RICHARD M vs. COLES, KRISTEN B CASE # 2007-10180 HAS BEEN SCHEDULED FOR CUSTODY CONCILIATION ON June 27, 2007 AT 1:30 PM BEFORE JUDGE DANIELE COURTROOM 11, COURTHOUSE, NORRISTOWN, PA 19404 CHILDREN ARE NOT REQUIRED TO ATTEND THE ABOVE CONFERENCE. IF YOUR CASE DOES NOT SETTLE AT THE CONCILIATION CONFERENCE, HOWEVER, A SEPARATE INTERVIEW WILL BE SCHEDULED FOR CHILDREN TO SPEAK WITH THE CONCILIATOR PRIOR TO THE MATTER BEING FORWARDED TO A JUDGE. If you are disabled and require assistance, please call (610) 278-3224 IF YOU FAIL TO APPEAR, AN ORDER FOR Attorneys: CUSTODY, PARTIAL CUSTODY OR VISITATION MARGUERPI'E M NOCC~II, Esq. MAY BE ENTERED AGAINST YOU, OR THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. AT ISSUE: PLAINTIFF FILED COMPLAINT FOR CUSTODY 4/30/07 • ~I 2007-10180-0003 5/17/2007 1:57:46 PM Notice of Scheduling William E. Donnelly Montgomery County Prothonotary County of Montgomery Court Administrator -Masters Cust/Vis HRG P.O. Box 311 Norristown, Pa. 19404-0311 (Page 2 of 2) Notices Mailed on 5/17/2007 Parties Notified: RICHARD M COLES 9 WHITEMARSH LN APT B LANSDALE, PA 19446 MARGUERITE M NOCCHI, Esq. 108 WEST WALNUT STREET NORTH WALES, PA 19454 KRISTEN B COLES 6351 STEPHEI~TS CROSSING MECHANICSBURG, PA 17050 ~~ Goa rcl M ~(~S VS. NO. U -1 - l U 1 `t3C~ K+ri Sfen ~ ~ CotcS COVER SHEET OF MOVIIVG PARTY Date of Filing 5 2f 0 7 Moving Party _ ~1 ~ 1$ tC Y1 T3 . C o) ~S Counsel for Moving Party Ti ry~t-~y ,J' . CO (gGtYl , tS9, I.D. No. ~~ q `~T~ Document Filed (Specify) i re t I,rn i i~av ~I 0 (~ 1 ec t-~ o~ns -~j ~r cl i Y1 fi ~g', C~Dmpl G i ~t -~ r C,US~Od `1 Matter is (Check One) ~ (Appealable) (Interlocutory) Oral Argument (Yes) X (No) ----------a---_______~__~______~______~___ CERTIFICATIONS -Check ONLY if appropriate: Counsel certify that they have conferred in a good faith effort to resolve the subject discovery dispute. (Required by Local Rule 208.2(e) on motions relating to discovery.) Counsel for moving party certifies that the subject civil motion is uncontested by all parties involved in the case. (If checked, skip Rule to Show Cause section below.) By: t;ounse! for Moving Party RULE TO SHOW CAUSE -Check ONE of the Choices Listed Below: Respondent is Directed to Show Cause, in the Form of a Written Response, Why the Attached Motion Should Not be Granted. Rule Returnable the day of 20 at 1:00 p.m. in Video Room 1. Respondent is Directed to Show Cause, in the Form of a Written Response, Why the Attached Family Court Discovery Motion Should Not be Granted. Rule Returnable and Argument the day of , 20 at 1:00 p.m. at 321 Swede Street, Norristown, Pa. Respondent is Directed to File a Written Response in Conformity with the Pennsylvania Rules of Civil Procedure. Rule Returnable at time of trial. By: Court Administrator 10/04 IN T`IIE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA FAMILY DIVISION Richard M. Coles 9 Whitemarsh Lane, Apt. B Lansdale, PA 19446 v. No. 07-10180 Kristen B. Coles 6351 Stephens Crossing Mechanicsburg, PA 17050 To: Richard M. Coles c% Marguerite M. Nocchi, Esquire 108 West Walnut Street North Wales, PA 19454 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. WILEY, LENOX, COLGAN & MARZZACCO P.C. Date: /r'a~-0~ By: Timothy J. C lg q WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 W. Church Street Suite 100 Dillsburg, PA 17019 (717)432-9666 (717) 432-0426 fax I.D. #77944 ~ , IN-THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA FAMILY DIVISION Richard M. Coles 9 Whitemarsh Lane, Apt. B ; Lansdale, PA 19446 ~• No. 07-10180 Kristen B. Coles 6351 Stephens Crossing Mechanicsburg, PA 17050 . ORDER AND NOW, this day of , 2007, upon consideration of the Defendant's Preliminary Objections, the Preliminary Objections to the jurisdiction of this Court to hear this matter are hereby granted. It is hereby ORDERED and DECREED that the Custody Complaint filed by Plaintiff is hereby dismissed. BY THE COURT: J. Distribution: Timothy J. Colgan, Esquire 130 W. Church Street, Suite 100, Dillsburg, PA 17019 Mazguerite M. Nocchi, Esquire 108 West Walnut Street, North Wales, PA 19454 r`' f 1 IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA FAMILY DIVISION Richard M. Coles 9 Whitemarsh Lane, Apt. B Lansdale, PA 19446 v. Kristen B. Coles 6351 Stephens Crossing Mechanicsburg, PA 17050 . No. 07-10180 AND NOW, comes the Defendant, Kristen B. Coles, by and through her counsel, Timothy J. Colgan, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files Preliminary Objections to the Complaint for Custody filed by Plaintiff, and in support thereof, avers as follows: 1. Plaintiff is Richard M. Coles (hereinafter referred to as "Father"), an adult individual residing at 9 Whitemarsh Lane, Apartment B, Lansdale, Montgomery County, Pennsylvania 19446 since February 2007. 2. Defendant is Kristen B. Coles (hereinafter referred to as "Mother"), an adult individual residing at 6351 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050 since July 2006. 3. The parties are the natural parents of three minor children: Richard H. Coles, born August 21, 1992; Danielle Coles, born January 23, 1995; and Jamie Augustus Coles, bom April 2, 1997. ~I ^ II~ zoos-lol go-twu4 5/24/2007 12:30:02 PM Preliminary Ob~echons of WilliamyE. >~nnelly .Montgomery County Prothonotary 4. The minor children reside with Mother in Cumberland County, and have so resided since July 2006. 5. Prior to their move to Mechanicsburg, Cumberland County, Pennsylvania, Mother and the children resided in Morris County, New Jersey. 6. An Order for Custody was entered on August 18, 2006 by the Superior Court of New Jersey granting Defendant sole custody of the minor children. (See Order attached hereto, incorporated herein, and mazked as Exhibit "A"). 7. On April 30, 2007, Plaintiff filed a Complaint for Custody in Montgomery County, Pennsylvania with respect to the minor children. 8. The children have never resided in Montgomery County, Pennsylvania. 9. This Court lacks jurisdiction with regazd to this matter as neither the Defendant, nor the children, reside in Montgomery County. Pa.R.C.P. 1028(axl). 10. This Court is the improper venue in which to bring a custody action as neither the Defendant, nor the children, reside or have ever resided, in Montgomery County. Pa.R.C.P. 1028(a)(1); Pa.R.C.P. 1915.2; 23 Pa.C.S. 5433(a). 11. The proper venue for any custody action is Cumberland County, the home county of the children, as they have so resided in Cumberland County since July 2006. 12. It is in the best interest of the children that Cumberland County decide any custody matters relating to these children as Cumberland County is the home county of the children, they have resided in Cumberland County since July 2006, the children and Mother have a significant connection with Cumberland County and substantial evidence concerning the children's present and future caze, protection, training and personal relationships is available in Cumberland County. Pa.R.C.P. 1915.2. -_ t~` a r: _. .. _.~ E. ... .. .r ~. ^2- +.w ~ 13. The children have no connection to Montgomery County and have never resided in Montgomery County. 14. Though Father has resided in Lansdale, Montgomery County since February 2007 and in North Wales, Pennsylvania since July 2006, he has had limited contact with the children, consisting of only several telephone calls or messages on or about July 2006, Thanksgiving 2006, Christmas Day 2006, January 21, 2007 and Apri12, 2007. 15. The Complaint for Custody fails to conform to Pa.R.C.P. 19015.3. PaR.C.P. 1028(ax3). WHEREFORE, Petitioner respectfully requests this Honorable Court to grant the following relief: A. Grant the Defendant's Preliminary Objections; B. Dismiss Plaintii~'s Complaint for Custody or, in the alternative, transfer any custody action to Cumberland County per Pennsylvania Rule of Civil Procedure 1006(e); and C. Any other relief the court may deem appropriate. Respectfully submitted, Date: ~ a~ -0 ~' By: G'L( Timothy J. Co g WILEY, LENOX, COLGAN 8c MARZZACCO, P.C. 130 W. Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 (717) 432-0426 fax I.D. #77944 IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA FAMILY DIVISION Richard M. Coles 9 Wlutemarsh Lane, Apt. B Lansdale, PA 19446 v. Kristen B. Coles 6351 Stephens Crossing Mechanicsburg, PA 17050 No. 07-10180 VERIFICATION I, Kristen B. Coles, hereby affirm that the facts contained in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: _ 'lS ~ ~ r ~ , ~i~•,_.-~ Kristen B. Col ,Defendant ~ ~ IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA FAMILY DIVISION Richard M. Coles 9 Whitemarsh Lane, Apt. B : Lansdale, PA 19446 ~• No. 07-10180 Kristen B. Coles 6351 Stephens Crossing Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE I, Timothy J. Colgan hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Marguerite M. Nocchi, Esquire 108 West Walnut Street North Wales, PA 19454 (Attorney for Plaintiff Date: s -d/ - D ~` Montgom"'d ~' WILEY, LENOX, COLGAN & MARZZACCO P.C. sy: " Timothy J. C 1 E re WILEY, LENOX, COLGAN 8t MARZZACCO, P.C. 130 W. Church Street Suite 100 ~~I Dillsburg, PA 17019 (717) 432-9666 (717) 432-0426 fax I.D. #77944 ~i MONTGOMERY COUNTY COURTHOUSE PROTHONOTARY PO BOX 311 NORRISTOWN, PA. 19404-0311 Date: May 29, 2007 Name: KRISTEN B COLES Address: 6351 STEPHENS CROSSING MECHANICSBURG, PA 17050 Case #: 2007-10180 Plaintiff RICHARD M COLES vs. Defendant: KRISTEN B COLES BY ORDER OF THE COURT, DATED MAY 29, 2007 TO TRANSFER THE ABOVE CAPTIONED CASE TO THE COUNTY OF CUMBLERLAND A FEE OF SIX DOLLARS ($6.00) IS REQUIRED, PAYABLE TO THE PROTHONOTARY OF MONTGOMERY COUNTY. THANKING YOU FOR YOUR IMMEDEIATE ATTENTION TO THIS REQUEST. ~. ~~ VERY TRULY YOURS, SHERI GUENST APPEALS CLERK ENCLOSURE Montg ~i _~ MARGUERITE M. NOCCHI, ESQUIRE ATTORNEY I.D. #60057 108 W. WALNUT STREET NORTH WALES, PA 19454 I5~ 661-118$ ATTORNEY FOR PLAIN7TFF IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA FAMILY DIVISION Richazd M. Coles 9 Whitemarsh Lane Apt. #B Lansdale, PA 19446 SSN 101-46-9670 v. No.: 07-10180 Kristen B. Coles 6351 Stephens Crossing Mechanicsburg, PA 17050 AFFIDAVIT QF SERVICE Mazguerite M. Nocchi, Esquire, being duly sworn according to law, deposes and states that she served a true and correct time-stamped copy of the Complaint for Custody in the above matter as filed with the Montgomery County Court of Common Pleas on Apri130, 2007 upon Kristen B. Coles, Defendant in the above captioned matter, by mailing a true and correct copy of same by U.S: Certified Mail, postage prepaid, on or about May 8, 2007, to the following address: Ms. Kristen Coles 6351 Stephen's Crossing Mechanicsburg, PA17050 A true and correct copy of the signed green cazd is attached hereto as Exhibit "A". I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: l~~ ~I 2007-lolgo-coos 6/6/2007 4:27:35 PM AWE' lliain E Donnellyf Montgomery County Prothonotary EXHIBIT A r MARGUERtrE M. NOCCHI, ESQUIRE ATTORNEY I.D. tY60®57 IOt W. WALNUT STREET NORTH WALES, PA 19454 IN THE COURT. OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA FAMILY DIVISION Richard M. Coles 9 Whitemarsh Lane Apt. #B • Lansdale, PA 19446 SSN 101-46-9670 ~• No.: 07-10180 Kristen B. Coles 6351 Stephens Crossing Mechanicsburg, PA 17050 AFFIDAVIT OF SERVICE Marguerite M. Nocchi, Esquire, being duly sworn according to law, deposes and states that she served a true and correct time-stamped copy of the Complaint for Custody in the above matter as filed with the Montgomery County Court of Common Pleas on Apri130, 2007 upon Kristen B. Coles, Defendant in the above captioned matter, by mailing a true and correct copy of same by U.S. Certified Mail, postage prepaid, on or about May 8, 2007, to the following address: Ms. Kristen Coles 6351 Stephen's Crossing Mechanicsburg, PA17050 A true and correct copy of the signed green card is attached hereto as Exhibit "A". I verify that the statements made in this Affidavit are true and correct. ` I .gnde~rstand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: v~ a r. EXHIBIT A _. _ (Page 1 of 3) . ,... ~/ MONTGOMERY COUNTY COURTHOUSE PROTHONOTARY PO BOX 311 NORRISTOWN, PA. 19404-0311 Date: July 2, 2007 Case #: 07-10180 Name: MARGUERITE NOCCHI, ESQ Plaintiff: RICHARD M COLES Address: 108 W WALNUT STREET vs. NORTH WALES, PA. 19454 Defendant: KRISTEN B COLES BY ORDER OF THE COURT, DATED MAY 29, 2007 TO TRANSFER THE ABOVE CAPTIONED CASE TO THE COUNTY OF CUMBERLAND A FEE OF SIX DOLLARS ($6.00) IS REQUIRED, PAYABLE TO THE PROTHONOTARY OF i~fONTGO1ViERir COUiv~TY. THANKING YOU FOR YOUR IMMEDEIATE ATTENTION TO THIS REQUEST. • ±' ~ I 2007-1 1' 7/2/2007 3:47:17 PM Notice William E. Donnelly VERY TRULY YOURS, lvtontgomery county Prothonotary Sheryl Capone APPEALS CLERK ENCLOSURE ~~ ~~ (Page 2 of 3) r, ,`"' .. . .: . Jblarguerite 9K. Ji~occki . ' Attomey~ At Law 108 West Walnat Street North wales, PA 19454 215-661-1188 Telephone 215-661-1189 Faz email address: mnocchi@NocchiLaw.com June 28, 2007 PROTHONOTARY MONTGOMERY COUNTY COURTHOUSE NORRISTOWN, PA 19404 ATTENTION: MIL JOSEPH C. GIANNETTI, JR. RE: Richard M. Coles v. Kristen B. Coles Docket No. 07-10180 1'O THE PROTHONOTARY: Please transfer the above captioned matter to Cumberland County pursuant to Judge Dickman's Order dated May 29, 2047. A copy of said Order is enclosed for your convenience. Thank you for your kind attention and cooperation regarding the above matter. ' Ve ly yours, 'te M. o hi MMN/ksf Enclosure cc: Mr. Richard M. Coles (with enclosure) Timothy J. Colgan, Esquire (Cumberland County/with enclosure) ,~ ,, ~.. ,,. (Page 3 of 3) r `" . ,' IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA CIVII. ACTION =LAW RICHARD M. COLES VS. N0.07-10180 KRISTEN B. COLES ~ ~ _ .. ~ . And now, this ~~ day of MBy, 2007;~upon consideration of~ls- Father's Complaint for Custody film April 30, 2007, i'reliminary~Objei~iovs fled by ~ ~ . . . Dafendant Mother on May ?~4, 2007 and °conFat+once of Coi~asel .on May 24, 2007, it is ~ . l~eby ORDERED and DECRERD that the Pt+elinai~naFy Objections as to jon are Si~STAIIVED and this matter is Uransffen+ed to Cumberland County ~fior £urtl~ P ~~/ IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA vs. xo. 07 - 10l ~O ~I 2007-10180-0010 7/16/2007 11:32:26 AM Transfer to.Another County/State Witham E. Donnelly Montgomery County Prothonotary TRANSFERRED TO A1+IUTHER.COUNTYI5TATE "~rpe of C~ ~` ~ ~ ~ O ~ 0 O ' D7- Civi t. Term MARGUERITE M. NOCCHI, ESQUIRE ATTORNEY I.D. X160057 198 W. WALNUT STREET NORTH WALES, PA 1954 _ -ll$8 A77Y)~11ifi:V F(~ P,L AINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA FAMILY DMSION Richard M. Coles 9 Whitemarsh Lane Apt. #B . Lansdale, PA 19446 . SSN 101-46-9670 ~• No.: 07-10180 Kristen B. Coles . 6351 Stephens Crossing . Mechanicsburg, PA 17050 . SSN 101-46-%70 MOTION TO TRANSFER VENUE 1. The Petitioner is Richard M. Coles, an adult living at 9 Whitemarsh Lane, Apartment B, Lansdale, PA 19446. 2. The Respondent is Kristen B. Coles, an adult living at 6351 Stephens Crossing, Mechanicsburg, PA 17050. 3. The Petitioner filed a Complaint for Custody in Montgomery County, Pennsylvania on Apri130, 2007. See Exhibit A attached hereto. 4. On May 29, 2007 Judge Rhonda Lee Daniele signed an Order that jurisdiction in this matter should be transferred to Cumberland County, Pennsylvania See Exhibit B attached hereto. 5. The Petitioner requests this matter be transferred to Cumberland County and scheduled for a custody conciliation conference. Submitted: C~~G lViargherit~f 1V~. Nocchi, Attorney etitioner VERIFICATION I, Richard Coles, hereby verify that the foregoing statements aze true and correct to the best of my knowledge and belief. The undersigned understands that false statements herein aze made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: ~ I Z~ I Ric azd Coles EXHIBIT A b - ~. IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVAI~TIA ~ CIVIL ACTION -LAW _`f NO. O~ -~' Q r~ w o o ~~ _ v. ~ -< i ~~° NOTICE TO DEFEND ~ ~ 2 ~' .,.. -~ 7T -c~ ~. a --~ ca -n rn 0 _~ a -., ~ ~ -c A complaint has been filed in the Court of Common Pleas of Montgomery County concerning custody, partial custody or visitation of the minor child{ren) named in the attached Complaint/Petition. The Court has learned you may have a legal interest in custody, partial custody or visitation of the child{ren) named. If you wish to clans the right to custody, partial custody or visitation, you may file a counterclaim. You are ordered to attend mediation orientation. as described in the order attached to this notice, arior to the scheduled conciliation conference/hearing. A concili 'gp +~onfereace/hearing will be scheduled by the Court. If you fail to appear as provided by the scheduling order that will be mailed to you in the near future, an order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IT YOU DO NOT SAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRIIVG A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THiS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE MONTGOMERY BAR ASSOCIATION 409 CHERRY STREET NORRISTOWN, PA 19401 610-279-9660, EXT. 201 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Montgomery 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 with the Court, please contact 610- 278-3224. An~aagements must be made at least 72 hours prior to any hearing/business with the Court. FAMILY COURT COVER SHEET In The Court of Common Pleas of Montgomery County, Pennsylvania Civil Action Richard M. Coles 9 Whitemarsh Lane, Apt. #B Lansdale, PA 19446 SS # 101-46-9670 . vs. . (CP) NO: . (DR) NO: Kristen B. Coles 6351 Stephens Crossing Mechanicsburg, PA 17050 . (D) NO: ATTORNEY FOR PLAINTIFF: . Marguerite M. Nocchi, Esquire 108 W. Walnut St., North Wales, Pa. 19454 215-661-1188(Phone) 215-661-1189(fax) Attorney I.D. #60057 ATTORNEY FOR DEFENDANT: AVERMENT OF CONSOLIDATION On the spaces below, please identify all companion case numbers associated -with this case (including any closed files involving the same party-litigants) that relate. to: 1. Divorce/Annulment 2. Support 3. Equitable Distribution 4. Paternity 5. Custody/Visitation/Habeas Corpus 6. Special Relief 7. Outstanding/Temporary/Final Protection From Abuse Order I certify that the information provided above is comprehensive and complete to the best of my knowledge, and that I have formall ed my appearance for the case captioned above. ~~ ,, By:~~ , -~ ar en . Nocchi, Esquire MARGUERITE M. NOCCHI, ESQUIRE ATTORNEY i.D. N66057 168 W, WALNUT STREET NORTH WALES, PA 19454 ATTORNEY FO>t PLAINflPE IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA FAMILY DMSION Richard M. Coles ~. 9 Whitemarsh Lane Apt. #B a C? ~~' Lansdale, PA 19446 ~ ~ mo SSN 101-46-9670 o, ~ ~ 4 - o v. No.: ~ ~ T Kristen B. Coles o ~ ~ ,.;; 6351 Stephens Crossing ^` ~ ~, Mechanicsburg, PA 17050 ~ ~ ~ ~ •-- ~ _r -•~ . n -~ COMPLAINT FOR CUSTODY FOR; _ ~ '~ a .TAMlE AUGUSTDS COLES DATE OF BIRTH ~tPICIL 12.1997 1. The Petitioner is Richard M. Coles residing at 9 Whitemarsh Lane Apt. B Lansdale, PA 19446 2. The Respondent is Kristen B. Coles residing at 6351 Stephens Crossing, Mechanicsburg, PA 17050. 3. The parties were married on December 17, 1988 and divorced on January 31, 2001. 4. The parties are the parents of: Richard H. Coles date of birth August 21, 1992 Danielle Coles, date of birth January 23, 1995 Jame Augustus Coles date of birth April 12, 1997 5. The Respondent and the children moved to Pennsylvania in July 2006 . 6. While the Petitioner was in rehabilitation at Bergen Regional Medical Center, the Court entered an Order without Petitioner's knowledge or appearance and based on the Respondent's Motion only a true and correct copy of this Order is attached hereto as Exhibit A. 7. Since that time circumstances have changed for the Petitioner: a. The Petitioner has a residence; b. The Petitioner is employed; c. The Petitioner is sober for over two hundred (200) days; d. The Petitioner is actively involved in Alcoholics Anonymous; and e. The Petitioner is able to be reintroduced into his children's lives and poses no threat or risk to their safety. 8. Pennsylvania is home state and, jurisdiction is proper here. WHEREFORE, the petitioner respectfully requests that this Honorable Court grant partial physical custody of the minor children to the petitioner. tfully Submitt ar eri Nocchi, Esquire Attorney r titioner 2 VERIFICATION I, Richard M. Coles, hereby verify that the foregoing statements are true and correct to the best of my knowledge and belief. The undersigned under ands that false statements herein are made subject to the penalties of 18 PaC.S. § 4904, relating to unsworn falsification to authorities. Date: b Richard M. Coles, Petitioner 3 EXHIBIT A j 1 . ~f~~ ~D ORDER PREPARED BY THE COURT ~~ 2 ~2 2006 --- ~w',k~~„ RICHARD COLES, SUPERIOR COURT OF NEW 1ERSEY CHANCERY DMSION, FAMILY PART Piaintiff, MORRIS COUNTY vs. . ~ DOCKET NO. FM-i4-701-01 - KRISTEN COLES, Defendant. CNIL ACTION • (N~DLR ON' ~T~QIV THIS FATTER, having been opened to the Court by Defendant's Matiorr flied on ]uly 13, 21106, and the Court having considered the pa rs swb ~ milted in support thereof aRd there being no opposition, and for good ceuse• - , ~?' IS, on this.l8~' day of August, 2006, ORD~flE that Defendant shall have sole eustody~ of the ~arties' c P hiidren without p~udice to P#a~i:ntiff to seek ~rodification; it is FtfRTNE.R E?RDER~D that Pi~intiff shah becota~e current in his arrears which total $43,000 :as per the certification of Defendant as of S® em . . Pt ber 1, 2006; it is . . ~URTHEf~ ORD~I~ED that effective September 1, ~OOfi, payrneflts sha#f be f~rad~e through Probation for a#rr-ony and child su ~~ Ppart; it i5 F't1FtTtf~t~ tfRD~~RE`D tfiaf $39T5 for rx~edicat expenses shah be reduced ta.a ludgrnent in favor of Defendant and against PlainfiifF; it is ., 1 ~ f FURTHER OR[7~~~p that .all prior. Orders. not in consistent with this DATE: Stat~rne~;* ~~ oea...;; ~, Unopposed Thomas. V. Manahan, 7.~.C. EXHIBIT B IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RICHARD M. COLES VS. N0.07-10180 KRISTEN B. COLES ORDER And now, this ~~-day of May, 2007, upon consideration of Plaintiff s- Father's Complaint far Custody filed Apri130, 2007, Preliminary Objections filed by Defendant-Mother on May 24, 2007 and conference of Counsel on May 24, 2007, it is hereby ORDERED and DECREED that the Preliminary Objections as to jurisdiction are SUSTAINED and-this matter is transferred to Cumberland County-for further proceedings. BY THE COURT: Copy of the above Order sent To the following on ~ ~~, Court Administration Marguerite M. Nocchi, Esquire 'mothy J. Colgan, s~uire Secretary ~%~~~.~~ MARGUN:RI'TF: M. NOCCHI, ESQUIRE ATTOR'NF;}` Lll. #60057 108 W'. W'ALNU'T S'T'REET '.NORTH WALES, PA 19454 {215)G61-ll88 ATTORNEI~ FOR PLAIV'TIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Richard M. Coles 9 Whitemarsh Lane Apt. #B Lansdale, PA 19446 SSN ] 0 I -46-9670 v• No.: Kristen Q. Coles . 63~ 1 Stephens Crossing Mechanicsburg, PA 17050 SSN 101-46-9670 PETITION TO MODIFY CUSTODY FOR: RICHARD H. COLES DATE OF BIRTH AUGUST 21 1992 DANIELLE COLES. DATE OF BIRTH JANUARY 23, 1995 ANU JAMIE_AUGLJS'I'US COLES DATE OF BIRTH APRIL 12,1997 The Petitioner is Richard M. Coles residing at 198 Stoneyhollow Road. Greenlawn NY 11740. 2. The Respondent is Kristen B. Coles residing at 6351 Stephens grossing, Mechanicsburg, PA 17050. 3. "The parties were married on December l 7, 1988 and divorced on January 31, 2001. 4. The parties are the parents of: Richard H. Coles date of birth August 21, 1992 Danielle Coles, date of birth January 23, 1995 Jamie Augustus Coles date of birth April 12, 1997 5. The Respondent and the children moved to Pennsylvania in July 2006 . 6. While the Petitioner was in rehabilitation at Bergen Regional Medical Center.. the Court entered an Order without Petitioner's knowledge or appearance and based on the Respondent's Motion only a true and correct copy of this Order is attached hereto as Exhibit A. 7. Since that time circumstances have changed for the Petitioner: a. The Petitioner has a residence; h. The Petitioner is employed c. The Petitioner is actively involved in Alcoholics Anonymous; and d. The Petitioner is able to be reintroduced into his children's lives and poses no threat or risk to their safety. 8. Pennsylvania is home state and jurisdiction is proper here. WHEREFORE, the petitioner respectfully requests that this Honorable Court grant partial physical custody of the minor children to the petitioner. Respectfully Submitted: ~^ ~~, i ~~ ~ ~rit~ Nocchi, Esquire y f r Petitioner 2 VERIFICATION I, Richard Coles, hereby verify that the foregoing statements are true and correct to the best of my knowledge and belief. The undersigned understands that false statements herein are made subject to the penalties of 1$ Pa.C.S. § 4904, relating to unsworn falsificatipn to authorities. ~„~ ~ I i3 I c~~' Richar Co es I AUG 2 2 2006 ORDER PREPARED BY THE COURT ~~y.~+A,~,~,G, ..M,,.~ ~---.__ SUPERIOR COURT OF NEW JERSEY ~" RICHARD COLES, . CHANCERY DIVISION, FAMILY PART Plaintiff, . MORRIS COUNTY vs. DOCKET N0. FM-14-701-01 KRISTEN COLES, . CIVIL ACTION Defendant. ORDER ON MOTION THIS MATTER, having been opened to the Court by Defend-ant's Motion filed on July 13, 200.6, and the Court having considered the Papers submitted in support thereof and there being no opposition, and for good cause; IT IS, on this 18tr' day of August, 2006, QRDERED that Defendant shalt have sole custody of the parties' children without pre3u-dice to Pfaint'rff to seek modification; it is FURTHER ORDERED that Plaintiff shaft become current in his arrears which total $43,000 as per the certification of Defendan as of September 1, 2006; it is FURTHER ORDERED that effective September i, 2006, payments sha{i be fnade through Probation for atimony and- child support; it is FURTHER ORDERED that $3975 for medical expenses shall ~bs reduced to-a Judgment in favor of Defendant and again t PiaintifF; it is FURTHER ORDERED that .all prior Orders. not inconsistent wifih this Statement of Reasons Unopposed Thomas. V. Manahan, J.S.C. RICHARD M. COLES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. • 2007-5306 CIVIL ACTION LAW KRISTEN B. COLES IN CUSTODY DF..FF.,NDANT ORDER OF COURT AND NOW, Tuesday, October 02, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 31, 2007 at 9:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~rp~~~~ ~ ~ La- r• 0! ,~,~ -v v ~I, ~'-i r ~~ l~1 ,~ MARGUERITE M. NOCCHI, ESQUIRE ATTORNEY I.D. #60057 108 W. WALNUT STREET NORTH WALES, PA 19454 (215) 661-1188 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Richard M. Coles . 9 Whitemarsh Lane Apt. #B Lansdale, PA 19446 . SSN 101-46-9670 . ~, No.:07-5306 Kristen B. Coles 6351 Stephens Crossing Mechanicsburg, PA 17050 SSN 101-46-9670 . PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as the attorney of record for the above-captioned Plaintiff, Richard M. Coles. t B ~ Cr~`,``~1 Y~ Margu rit . Nocchi, Esquire Attorney #60057 108 West Walnut Street North Wales, Pa 19454 215-661-1188-Phone C"y r`' ~ ~ ~: ~ ~ ~:, ~'' c~ ---i ~ , ._ l tea _: ; .~`:, c~ ~- ` # ~;, - ~ .......n ~ rc y F7~ ...t t .^ •~ m%~ « ~ "1 NOY 0 8200f~ RICHARD M. COLES Plaintiff vs. KRISTEN B. COLES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5306 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ ~ ~' day of tirsw-1.~~ 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother shall have primary physical custody of Richard H. Coles, born August 21, 1992, Danielle Coles, born January 23, 1995, and Jamie Coles, born April 12, 1997. 2. On a temporary basis pending the counseling required by this Order and further Order of Court or agreement of the parties, the Mother shall have sole legal custody of the Children. 3. The parties shall make arrangements for the Children and the Father to engage in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to reintroduce the Father into the Children's lives and reestablish the parent- Child relationship on a gradual basis consistent with the emotional well-being of the Children. It is anticipated that the initial contact between the Father and the Children will take place in the counseling sessions and thereafter proceed toward periods of visitation with another adult familiar to the Children also present. The parties shall follow the recommendations of the counselor with regard to any individual preparatory counseling for either or both parents as well as involvement of each parent in the counseling sessions with the Children. The parties acknowledge that it is their goal to handle the reunification process in all respects in such a way as to promote the Children's best interests and to that end, agree to obtain guidance in writing from the counselor as the counseling proceeds. The parties shall also engage in a course of co-parenting counseling at such time as recommended by the reunification counselor in an effort to establish sufficient communication and cooperation between the parties to enable them to effectively co-parent the Children. The Mother shall contact the counselor within ten (10) days of the date of the custody conciliation conference to schedule the initial counseling session for the Children. The parties shall equally share any costs of counseling which are not covered by insurance. Each party shall be responsible to pay any unreimbursed costs of his or her individual sessions under this provision. ~~ '°' g~ : t ~d ~ ~ ~QN x.00 3~ 4. The parties and counsel shall attend afollow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on January 15, 2008 at 1:00 p.m. for the purpose of reviewing the status of the reunification process and addressing any necessary issues at that time. BY THE COURT, cc: ,Marguerite M. Nocchi, Esquire -Counsel for Father ~T'mothy J. Colgan, Esquire -Counsel for Mother S RICHARD M. COLES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-5306 CIVIL ACTION LAW KRISTEN B. COLES Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Richard Coles August 21, 1992 Mother Danielle Coles January 23, 1995 Mother Jamie Coles April 12, 1997 Mother 2. A custody conciliation conference was held on October 31, 2007, with the following individuals in attendance: the Father, Richard M. Coles, with his counsel, Marguerite M. Nocchi, Esquire, and the Mother, Kristen B. Coles, with her counsel, Timothy J. Colgan, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Q 1-ti,~ ~", ~ov"7 Date Dawn S. Sunday, Esquire Custody Conciliator RICHARD M. COLES Plaintiff vs. KRISTEN B. COLES Defendant Prior Judge: Kevin A. Hess JAN S 8 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-5306 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Richard Coles August 21, 1992 Mother Danielle Coles January 23, 1995 Mother Jamie Coles April 12, 1997 Mother 2. A custody conciliation conference was held on January 15, 2008, with the following individuals in attendance: the Mother, Kristen B. Coles, with her counsel, Timothy J. Colgan. The Father, Richard M. Coles, and, his counsel, Marguerite M. Nocchi, Esquire, participated in the conference by telephone. 3. After obtaining information and guidance from Sally Rooney, who met with each of the Children in individual counseling sessions, the parties agreed that no further Order is necessary at this time. It was understood that the Father would let the Children know that he is and will continue to be interested in establishing a relationship with them if they are willing, and would make himself available for contact with them if they were receptive. 4. It was agreed that counsel for either party could contact the conciliator within six (6) months of the date of the conciliation conference to request the scheduling of an additional conference, if necessary. 7~ 5. No further Order is recommended at this time. a-~ . ~cb 8' Date Dawn S. Sunday, Esquire Custody Conciliator cc: Marguerite M. Nocchi, Esquire -Counsel for Father ~,a ~' Timothy J. Colgan, Esquire -Counsel for Mother ~.•.~ ~~`~ °~ ~ D