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HomeMy WebLinkAbout08-0601 RONALD R. COON, JR. : IN THE COURT OF COMMON PLEAS OF C,.,,beAa.J Plaintiff COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHRYSTAL O'MALLEY, :No. 08 - & 0/ CIVIL Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Ronald R. Coon, Jr., residing at 317 Hogestown Road, Cumberland County, Mechanicsburg, Pennsylvania 17050. 2. The defendant is Chrystal O'Malley, residing at 1255 Shumaker Road, Blain, Perry County, Pennsylvania 17006. 3. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Jeremiah F. Coon 317 Hogestown Road 10/17/06 1 year 2 months Mechanicsburg, PA The child was born out of wedlock The child is presently in the custody of Ronald R. Coon, Jr., who resides at 317 Hogestown Road, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Ronald R. Coon, Jr. 317 Hogestown Road 10/17/06 to present Mechanicsburg, PA The mother of the child is Chrystal O'Malley, currently residing at 1255 Shumaker Road, Blain,, PA. She is unmarried. The father of the child is Ronald R. Coon, Jr., currently residing at 317 Hogestown Road, Mechanicsburg, PA. He is unmarried. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the following persons. Name Relationship No One 5. The relationship of defendant to the child is that of Mother. The defendant currently resides with the following persons. Name Relationship Betsy Hockenberry Mother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. The court, term, and number, and its relationship to this action is: Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does know of a person not a party to the proceeding that has claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim N/A WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody in Plaintiff with agreed upon visitation in Defendant. Date: Z? fl" Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #206671 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: ,. MUST -'-' Ronald R. Coon, Jr., Plain iff CIO b RONALD R. COON, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRYSTAL O'MALLEY DF,FF,NDANT 2008-601 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 01, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 07, 2008 at 9:00 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. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John . Man an r. Es q. Custody Conciliator ig, The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r?,oitfJ? ?.SNN?c fit. 3RI lPc? APR 0 22008rl D? RONALD R. COON, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-601 CIVIL ACTION LAW CHRYSTAL O'MALLEY, IN CUSTODY Defendant ORDER OF COURT AND NOW this day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Ronald R. Coon, Jr., and the Mother, Chrystal O'Malley, shall have shared legal custody of Jeremiah F. Coon, born 10/17/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's partial physical custody as follows: a. Mother shall have physical custody every Monday and Wednesday from 12:00 pm until 6:00 pm and every Saturday from 9:00 am until 8:00 pm. b. Mother shall have physical custody of the Child at such other times as the parties may mutually agree. 3. In regard to Mother's Monday and Wednesday custodial periods, Mother shall pick the Child up at day care at 12:00 pm and Father shall pick the Child up at maternal aunt's residence or at such other locations as the parties may mutually agree at 6:00 pm. In regard to Mother's Saturday custodial period, the exchange location shall be at the East End Deli in Landisburg, PA, absent mutual agreement. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Each parent shall provide the other parent with an operable telephone number at which the parent can communicate with the Child. 5. Holidays and Birthdays: The parents shall determine Holidays and Birthdays as mutually agreed upon. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Counseling: Mother shall continue with her counseling, follow any and all recommendations of her therapist and give authorization for Father to have input regarding her treatment. Mother shall additionally supply Father with progress reports regarding her treatment in order for Father to assess Mother's ability to have expanded custodial time with her Child. 10. This Order is entered pursuant to 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. 11. A status update conciliation conference is hereby scheduled for May 1, 2008 at 10:00 am at the Court of Common Pleas in Carlisle, Pennsylvania 17013 to determine the appropriateness of expanding Mother's custodial time and overnight custodial periods. By the Co J. Distribution: /Thomas Gould, Esquire .Vincent Monfredo, Esquire v,-'1ohn J. Mangan, Esquire es rn a.< <? ?I? f d8 x?? o ?(t??t{ hyin; 7 6t '-I 'As ` ?r V? V1t?Y Wq 4064 it RONALD R. COON, JR., Plaintiff V. CHRYSTAL O'MALLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-601 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jeremiah F. Coon 10/17/2006 Primary Father 2. A Conciliation Conference was held with regard to this matter on March 31, 2008 with the following individuals in attendance: The Mother, Chrystal O'Malley, with her counsel, Thomas Gould, Esq. The Father, Ronald Coon, Jr., with his counsel, Vincent Monfredo, Esq. 3. The parties agreed to the entry of an Order in the form as attached. II /A Date John J. an , Esquire Custo Co ciliator 11 MAY 0 2 2008 RONALD R. COON, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-601 CIVIL ACTION LAW CHRYSTAL O'MALLEY, IN CUSTODY Defendant Prior Judge: Edward E. Guido, J. ORDER OF COURT day of May, 2008, upon consideration of the attached Custody AND NOW this to*- Conciliation Report, it is Ordered and Directed as follows: The prior Order of Court dated April 4, 2008 is hereby VACATED. 2. Legal Custody: The Father, Ronald R. Coon, Jr., and the Mother, Chrystal O'Malley, shall have shared legal custody of Jeremiah F. Coon, born 10/17/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's partial physical custody as follows: a. Commencing May 5, 2008, Mother shall have physical custody of the Child every Monday from 5:00 pm until 8:00 pm and every Wednesday froml2:00 pm until 6:00 pm. Mother shall pick the Child up at day care to begin her period of custody and Father shall pick the Child up at maternal aunt's residence or at such other locations as the parties may mutually agree upon. b. Commencing May 9, 2008, Mother shall have physical custody of the Child every Friday at 5:00 pm until Saturday 5:00 pm. Mother shall pick the Child up at day care on Friday and Father shall pick the Child up at the East End Deli in Landisburg, PA on Saturday, absent mutual agreement otherwise. It is understood that for the first Friday overnight, Father may come to Mother's residence at a reasonable hour to ascertain whether there are appropriate sleeping arrangements for the Child. C. Mother shall have physical custody of the Child at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Each parent shall provide the other parent with an operable telephone number at which the parent can communicate with the Child. 5. Holidays and Birthdays: Mother shall have physical custody of the Child on Mother's Day weekend until Sunday 5:00 pm. The parents shall determine all other Holidays and Birthdays as mutually agreed upon or shall be addressed at the next status conference. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Counseling: Mother shall continue with her counseling, follow any and all recommendations of her therapist and give authorization for Father to provide information to the therapist regarding her treatment. Mother shall additionally continue in her efforts to supply Father with progress reports regarding her treatment in order for Father to assess Mother's ability to have expanded custodial time with her Child. In the alternative, Mother shall discuss with her treating professionals whether it is possible for the professionals to give a verbal update to Father on her treatment progress. 10. This Order is entered pursuant to 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. 11. A status update conciliation conference is hereby scheduled for July 1, 2008 at 1:00 pm at the Court of Common Pleas in Carlisle, Pennsylvania 17013. gistribution: ?Thomas Gould, Esquire .Vincent Monfredo, Esquire ,/fohn J. Mangan, Esquire COP ifS' enzz il.Ed? t/611 73 l 1 t?1/VINIVI%I,kSNN3d AI Vi ton ? + 7 !t?+Y Ft b? 69 :1 Wd 9- AVW 8001 AWONOHIOW 3HI 30 30114CC i RONALD R. COON, JR., Plaintiff V. CHRYSTAL O'MALLEY, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-601 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jeremiah F. Coon 10/17/2006 Primary Father 2. A Conciliation Conference was held with regard to this matter on March 31, 2008, an Order was entered April 4, 2008 and a status update Conciliation Conference was held on May 1, 2008 with the following individuals in attendance: The Mother, Chrystal O'Malley, with her counsel, Thomas Gould, Esq. The Father, Ronald Coon, Jr., with his counsel, Vincent Monfredo, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ? 5 Date Mangan, Esquire v Conciliator / JUL 0 2 2008 RONALD R. COON, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-601 CIVIL ACTION LAW CHRYSTAL O'MALLEY, IN CUSTODY Defendant Prior Judge: Edward E. Guido, J. ORDER OF COURT AND NOW this day of July 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The prior Orders of Court dated April 4, 2008 and May 6, 2008 are hereby VACATED. 2. Legal Custody: The Father, Ronald R. Coon, Jr., and the Mother, Chrystal O'Malley, shall have shared legal custody of Jeremiah F. Coon, born 10/17/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's partial physical custody pursuant to a rotating two week schedule as follows: a. Week one: Commencing Monday July 7, 2008, Mother shall have physical custody of the Child Monday picking the Child up from day care at 12:30 pm (if Mother is not working), or if Mother is working, after work Monday afternoon until Tuesday morning July 8, 2008 whereby Mother shall transport the Child to day care no later than 8:00 am. On Friday July 11, 2008, Mother shall pick the child up from day care at 12:30 pm if Mother is not working, or after work Friday afternoon if she is working, and have physical custody until Sunday July 13, 2008 at 7:00 pm. The Sunday exchange shall be at the East End Deli in Landisburg, PA. b. Week two: Mother shall have physical custody of the Child Wednesday July 16 whereby she shall pick the Child up at day care at 12:30 if she is not working, or after work Wednesday afternoon if she is working, and have custody of the Child until Thursday morning July 17, 2008 whereby Mother shall transport the Child to day care no later than 8:00 am. C. The parties may modify this schedule by mutual agreement as necessary or proper as long as it is in the Child's best interest. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Each parent shall provide the other parent with an operable telephone number at which the parent can communicate with the Child. 5. Holidays and Birthdays: The parents shall arrange the Holidays and Birthdays as mutually agreed upon or in the absence of agreement, the parents shall abide by the attached holiday schedule. The holiday schedule shall take precedence over the regular physical custody schedule. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Counseling: Mother shall continue with her counseling, follow any and all recommendations of her therapist and give authorization for Father to provide information to the therapist regarding her treatment. Mother shall additionally continue in her efforts to supply Father with progress reports regarding her treatment in order for Father to assess Mother's ability to have expanded custodial time with her Child. In the alternative, Mother shall discuss with her treating professionals whether it is possible for the professionals to give a verbal update to Father on her treatment progress. 10. Each parent shall have two non-consecutive weeks (i.e. no more than seven days in a row) of vacation per year with the Child. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 11. This Order is entered pursuant to 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. J. "AIAPd ALNt 9M 00 se WV L- W wllm%r jo Distribution: ,/Thomas Gould, Esquire Aincent Monfredo, Esquire ohn J. Mangan, Esquire HOLIDAYS AND SPECIAL DAYS TEWES EVEN YEARS ODD YEARS Easter Da 1 S Half From 8 am until 2 m Father Mother Easter Da 2n Half From 2 m until 8 m Mother Father Memorial Da From 10 am until 8 m Mother Father Independence Da From 10 am until 8 m Father Mother Labor Da From 10 am until 8 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father mother Thanksgiving 1 S Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1 S Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 10 am until 8 m Mother Mother Father's Da From 10 am until 8 m Father 71 Father RONALD R. COON, JR., Plaintiff V. CHRYSTAL O'MALLEY, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-601 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jeremiah F. Coon 10/17/2006 Primary Father 2. A Conciliation Conference was held with regard to this matter on March 31, 2008, an Order was entered April 4, 2008, a status update Conciliation Conference was held on May 1, 2008, an Order of Court issued May 6, 2008 and a status update conference held on July 1, 2008 with the following individuals in attendance: The Mother, Chrystal O'Malley, with her counsel, Thomas Gould, Esq. The Father, Ronald Coon, Jr., with his counsel, Vincent Monfredo, Esq. 3. The parties agreed to the entry of an Order in the form as attached. o? Z? Z?? Date John . M gan, Esquire Cust dy tnciliator ?DrnOk CDC)rJk "i' ?e kn ? C i. rLL?? Ici- nG cw? C -{ i U n ?oc Ill rid ? f " Cc 4 i u r) ?Q 4-D c h? ?? c ??sf?d CAOJ4 - 7? r S J ct- "-9 U),u h -f?? OJ2 r D? Cc ? J c? u?? 'A?4L t)F TH F RP 0 0TAPY 2009 OCT -8 AM 9: 15 Ct,+" 4 70. oo PQ be-Fr Mo * 51 oRyq 1478 3 por# .151599 RONALD R. COON, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CRYSTAL O'MALLEY DEFENDANT 2008-601 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 13, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 18, 2009 y at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ John J. Mangan, Jr., Es q. , IAN 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 N PF tt. t {f T t j-Irl 2009 OCT 1 3 PM 3 2 J CUM pp- ? F t 4- NOV 2 3 2009 3 0 RONALD R. COON, JR., Plaintiff V. CHRYSTAL O'MALLEY, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-601 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of November 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Ronald R. Coon, Jr., and the Mother, Chrystal O'Malley, shall have shared legal custody of Jeremiah F. Coon, born 10/17/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's partial physical custody pursuant to a schedule as follows: a. Commencing Friday 11/27/09, Mother shall have physical custody of the Child every other Friday at 12:30 pm picking the Child up from day care (or if there is no day care, from Wal-Mart in Mechanicsburg) until Sunday at 7:00 pm with the parents meeting Sunday at Wal-Mart in Mechanicsburg at 7:00 pm. b. Mother shall have physical custody every Wednesday whereby she shall pick the Child up at day care at 12:30 am until Thursday morning whereby Mother shall transport the Child to day care no later than 8:00 am. C. The parties may modify this schedule by mutual agreement as necessary or proper as long as it is in the Child's best interest. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Each parent shall provide the other parent with an operable telephone number at which the parent can communicate with the Child. 5. Holidays and Birthdays: The parents shall arrange the Holidays and Birthdays as mutually agreed upon or in the absence of agreement, the parents shall abide by the attached holiday schedule. The holiday schedule shall take precedence over the regular physical custody schedule. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Counseling: Mother shall continue with her counseling, follow any and all recommendations of her therapist and give authorization for Father to provide information to the therapist regarding her treatment. Mother shall additionally continue in her efforts to supply Father with progress reports regarding her treatment in order for Father to assess Mother's ability to have expanded custodial time with her Child. In the alternative, Mother shall discuss with her treating professionals whether it is possible for the professionals to give a verbal update to Father on her treatment progress. 10. Each parent shall have two non-consecutive weeks (i.e. no more than seven days in a row) of vacation per year with the Child. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 11. This Order is entered pursuant to 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. J. Distribution: Ronald Coon, Jr., 6503 Salem Park Circle, Mechanicsburg, PA 17050 - 1 l Chrystal O'Malley, P.O. Box 797, New Kingstown, PA 17072 John J. Mangan, Esquire HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1St Half From 8 am until 2 m Father Mother Easter Day 2n Half From 2 m until 8 m Mother Father Memorial Day From 10 am until 8 pm Mother Father Independence Day From 10 am until 8 m Father Mother Labor Day From 10 am until 8 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 0 Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas Pt Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2" Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 10 am until 8 m Mother Mother Father's Day From 10 am until 8 pm Father Father • ! RONALD R. COON, JR., Plaintiff V. CHRYSTAL O'MALLEY, Defendant Prior Judge: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Jeremiah F. Coon IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-601 CIVIL ACTION LAW IN CUSTODY Date of Birth Currentlv in the Custody of 10/17/2006 Primary Father 2. A Conciliation Conference was held with regard to this matter on March 31, 2008, an Order was entered April 4, 2008, a status update Conciliation Conference was held on May 1, 2008, an Order of Court issued May 6, 2008, a status update conference held on July 1, 2008, an Order issued July 3, 2008, Mother filed a petition to modify and a conference was held November 18, 2009 with the following individuals in attendance: The Mother, Chrystal O'Malley, pro se The Father, Ronald Coon, Jr., pro se 3. The parties agreed to the entry of an Order in the form as attached. "Oe Date Jo angan, Esquire C tod Conciliator r1?L,', - IHE 2009 NOV 24+ At'i d 1: 2U