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Home My WebLink About04-1114 SAlOIS SHUFF, FLOWER & UNDSAY ATIORNEYS'AT'(.AW 26 W, High Street Carlisle. PA RICHARD D. BERKEY SR., and LINDA K. BERKEY, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-IiIY CIVIL v. RICHARD D. BERKEY, JR. and EMMA COONS Defendants IN CUSTODY COMP~NTFORCUSTODY AND NOW COMES, Richard D, Berkey, Sr.. and Linda K. Berkey by and through their counsel, Saidis, Shuff, Flower & Lindsay and states as follows: 1, The Plaintiffs are Richard D. Berkey, Sr. and Linda K. Berkey who reside at 124 Pine Street, Fairmount City, Clarion County, Pennsylvania 16224. 2, The Defendants are Richard D. Berkey Jr, who resides at 3366 Allport Highway, Morrisdale, Clearfield County, Pennsylvania 16224 and Emma Coons who resides at 39 Spring Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiffs seeks custody of the following children, Taylor Andrew Berkey born June 25, 1997, Nathan Wade Berkey, born May 3, 1999 and Kiera Lynne Berkey, born April 25, 2001. The children reside with Emma Coons at 39 Spring Street, Shippensburg, Cumberland County, Pennsylvania 17257. 4. The children were not born out of wedlock. 5. The children are presently in the custody of Emma Coons who resides at 39 Spring Street, Shippensburg, Pennsylvania, 17257, SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEYS-AT-LAW 26 W, High Slreet Carlisle, PA 6. During the past five years, the children has resided with the following persons and at the following addresses: NAME Richard D, Berkey Jr. and Emma Berkey (now Coons) Richard D. Berkey Jr. and Emma Berkey Richard D. Berkey Jr, and Plaintiffs Richard D. Berkey Jr, and Emma Berkey Richard D, Berkey Jr, and Plaintiff Emma Coons ADDRESS Hamilton Apartments, Chambersburg, PA 112 South Queen St. Shippensburg, PA 500 South Highland St. Du Bois, Clearfield County, PA 3335 Market St. Camp Hill, Cumberland County, PA 500 South Highland St. Du Bois, Clearfield County, PA 39 Spring Shipphensburg, Cumberland County, PA FROMfTO 1999 to 2000 January ?001 to August 2001 August 2001 to November 2001 November 2001 to June 2002 and: between March 2002 and June 2002 (Nathan and Kiera resided for several weeks with Plaintiffs) June 2002 to May 2003 Street, May 2003 to Present 7, The mother of the children is Emma Coons, currently residing at 39 Spring Street, Shippensburg, Pennsylvania. She is married, The father of the children is Richard D. Berkey Jr" currently residing at 3366Allport Highway, Morrisdale, Pennsylvania. He is divorced, 2 SAIDlS SHUFF, FLOWER & LINDSAY AlTORNEYS-,U.LAW 26 W. High Street Carlisle, P A II 8. The relationship of the Plaintiffs to the children is that of grandparents, The Plaintiffs currently reside in their home with their daughter Mindy J, Berkey. 9. The relationship of the Defendant Emma Coons to the children is that of mother. The Defendant mother currently resides with her husband and two other children in addition to subjects of this complaint. The relationship of the Defendant Richard D, Berkey, Jr, to the children is that of father and he currently resides with a friend, 10, Plaintiffs have not participated as a party or witness, or in any other capacity in other litigation concerning the custody of these children in this or another jurisdiction. However, the custody action between the Defendants was filed in the Court of Common Pleas of Cumberland County to the number 02-5286, 11. With the exception of the custody action referred to in the paragraph immediately preceding Plaintiffs have no information of a custody proceeding conceming the children pending in a court of this Commonwealth or any other state. 12. The Plaintiffs do not know of a 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. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) The Plaintiffs, for twelve (12) months, assumed the role and responsibility of the children's parents, 3 SAIDlS SHUFF, FWWER & LINDSAY AlTORNEYS.AT-LAW 26 w. High Street Carlisle, P A II providing for the physical, emotional and social needs of the children. b) Plaintiffs deem it necessary to assume responsibility for the children because they are substantially at risk due to parental neglect, c) The parents of the children have been separated for six months or more, d) A relationship between the children and the Plaintiffs would be in the children's best interest as Plaintiffs are good and loving grandparents. 14, Each parent who's parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. No other persons have claimed a right to custody or visitation of the children. WHEREFORE, the Plaintiffs request this Court to grant custody of the children to the Plaintiffs. SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: (Ite U) (f; Carol J. Lihctsa , Esquire '\ ID# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 4 SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEYS-AT-LA.W 26 W. High Street Carlisle, PA II VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that raise statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: .J - I d ' (j y: L. /l~ Pastor ~ ~. ~erke 6 ..-) ~ -\-1 ---1 1.1 r n F0 ,.~ r--; 0" j1 <." I "\~. " ) '- -- " '" ~ "-' - ...., ..... '- :.:' IN '> V- 0.-, d RICHARD D, BERKEY, SR. AND LINDA K, BERKEY IN THE COUKr OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYL V ANlA V. 04-1114 CNILACTlONLAW RICHARD D, BERKEY, JR, AND EMMA COONS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 18, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before"-~c..queline!\'l. Verney, Es!L..., the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tbursday, 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 hours prior to scheduled hearing. FOR THE COURT. By: Isl Tacqueline M. Verne,y. Esq. Custody Conciliator mhc 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIl 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 .~ ~~ ---~~./ '5/~ ~.ffZP .,.., . ~ ~z.,,9' f2 ~ ~~ Ac7:f/-,: ~ P7 ~.~ ~ -/'9 At7:!/'E L S : I " I d 81 tl\J~~ ~OOZ W'I('C)'JIO'j.J :JUl ::10 ,'.'.:':... \~ :';;:. u" "~I~' ~uL,':jU-CJJ jJ~ SAlOIS lUFF, FLOWER ~ LINDSAY ITORNEYS-AT-LAW S W, High Stree' Carlisle. P A II I RICHARD D. BERKEY SR., AND LINDA K. BERKEY. PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 2004. 1114 CIVIL v. RICHARD D. BERKEY, JR. AND EMMA COONS DEFENDANTS IN CUSTODY ATTORNEY'S ACCEPTANCE OF SERVICE I, Andrew Spears, Esquire, attorney for Defendant, Emma Coons, in the above captioned action. hereby accept service of the Complaint for Custody in the above action on March \ '\ \ "'" ,2004 on Defendant's behalf and hereby acknowledge that I am authorized to do so. METZGER WICKERSHAM ATTORNEYS FOR DEFENDANT EMMA COONS By: ('. AN~ C. 8PEARS 3211 NORTH FRONT STREET P. O. Box 5300 HARRISBURG. PA 17110-0300 I ~ 33f.E ~'.,;: .'..;- ~ . ""i- :,:.. r:-: i:~~:, ).~~-:; ~ ......, C.::.:.l ~^> ?- ::: ~ :.:0 N <.11 c ',' '::1 fhp ~? '~C) ~~~ >:~ ~ ~ --~ EMMA PEARSON BERKEY, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-1114 RICHARD D. BERKEY, JR., and EMMA COONS Defendants CIVIL ACTION - LAW 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, CIl3arfield 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 25, 1997 Nathan Wade Berkey, born May 3, 1999 Kiera Lynne Berkey, born April 25, 2001 (hereinafter referred to as "Children"). II . !' 4, The parties are governed by a custody order dated April 27, 2004 attached as "Exhibit AU. 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 /J1A (A~ fLr ~ Sc erer, Esquire 1.0. # 6197'4 19 West S()uth Street Carlisle, Pennsylvania 17013 (717) 249-0873 mas\Domestic\Berkeylmodify.pet 07/13/2005 21:52 8143655905 RICHARD BERKEY PAGE 02 APR 2 2 2004 i EMMA PEARSON BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CVr.1BERLAND COUNTY, PENNSYLVANIA v. : :!OO:l52S6 ('!VII TlCRM 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:::VIL ACT!ON~LAW RICHARD D. BERKEY, JR. and EMMA COONS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, th!< ~'?!' day of _O~.. ,.. _-' 2004, upon consideration of the attached Custody Con~iation Report, it is ordered and directed as follows: J. 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 leg;.] custody of TayJor Andrew Berkey, born J1.II1e 25, 1997, Nathan Wade Bd..:cy, b~~ ~.1~)' 3, 1090, ~nrl 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 genera! well-being including, but nor lilnil.~u. i.v, ag d.:.::i::i:;~~ :eg:~!"d~!'!g tbpll" hp~lth: education and reli~ion. 1. Mother shall have primary physical custody of the Children. 4. F~Ll.L~J.' :i~"i-:;.~l ~~:'..~:e r~~6d~ ~f~~rt;~l !1hy~ical Gustody as follows: A. Beginning April 30, 2004, provided Father supplies a letter from a health cart vr01;.;,~.;,:0ii.~1 indi~~~ir...g th~t he is !'.ot ~. th.reat to himself or his EXHIBIT "A" 07/13/2005 21:52 8143655905 RICHARD BERKEY PAGE 03 Cj~ikli'....!-~ .;i~~::-:-~~::~g .,1.'~~1r,:,,~d~ f,.nrn FrirJAY 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 ,;:~~!:-.~~~:' "'Hd' F.tl,pr h.. custodv ofth,,: Ch11dren, Father's period of ...uo,v~:i ::c2.11 ~,,~~~ ,..,-til M",,".y .t {i.rlO p,m, If a school holiday falls on a Friday prior to a weekend in which Father has custody of the C!'i!~~pn l'othp.r's !,eriod of custody shall begin on Thursday evening at 6:00 p.m. This provision shall supersede any other provision of this Oruer. C. Summer Vacations: Mother and Father are c:ntitled to custody of the ChilJJ CiJ. fo;: ~\~/v fd! ~c~~~C'nse('1}tiv~ weeks in the summer, except in 2004, tattler snail be t:ut~tkd to tIlrc': liv:-:.~c::)nsect!tive wee-ks, which !;hall n,1.u .l1UJ.ll :;i~i:".i.~:'j" t:: ~"-.'.~d.~:: ?~d fi_1rthPcT !,Tnvided that Father give Mother 30 days pri0r notke to m0ther 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.m. on ChriSIlIll1S E,,, ilmil2:00 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 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 of this Order. r:. E:::t~r ~bll h. ~;virlp.c1 into two Blocks. Block A shall be from 5:00 p.m. Foster Eve until 2:00 p,m. Easter Sunday. Block B shall be from Easter Suw}"i ,,; :C:CQ p.::: t~ 7:011 r"" Father shall have Block A in odd fll.\iiit,-oiCd F~rs :u'.d Bb~!c 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 da) bdore Thanksgt':ing "-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, Fache, .hall have Block A in odd numbered years and RInck B in even numbered years, Mother shall have Block A in even r:un:'::-er~-J :'."!~ "nil Block B 10 odd numtlered year.. G. Parents shall share all other holidays as agreed except as otherwise provided for in this Order. S. 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 verificatio::::o th:t he1" !">,~,_~'h~l'1r1 worked on said Sundays. 6. l'"temal GrandDarents shall be entitled to partial physical custody as follows: A. Tv-v hUln:,u.i:~.:;~~t.:t:.;~ ...:eeks (5~,,1P.'!'! (,011~I~clltive days) 'in the swnmer~ prod;..icu th.;) gh": ~.10thcr and F:.:aJher 30 days prior notice. ~!!1~/2ee5 21:52 El~3S::5~~~ P! Cl..!.^P~ !~::~~::y ~~GE e~ 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, Father shall be offered makeup periods to provide him with at least twQ weekends per month. C. Such other times as the parties agree, 7. Grandparents shall be responsible for all transportation, II a jO 0 t 111. - _.....:...1....:1 ~~ 1.::t........,.,,1 te'~Y\}.\I'\nf> rnT'lt""t Wl'tb th Ch'ld v_ ,.,,~i pW:liC:~ ..lll""U U\. ...J.~uu......."", ~~V........... . 4"r-'.--'~ - _ ...'.' _. ~ 1 Ten. Mother shall distribute all cards, letters and gifts to the Children that Father and Grandparents send. 9. N" F~:tj. ~h~!! d0 .!')'th;n~ Mr !,"nnit third parties to do anything that may est\'llIlge 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 !'esr~('t f(\T the other~artv. 10. No party shall take the Children out of the Corrunonwealth 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 Corrunonwealth. 1 i. ,A.ll pZlz~i::; ::~~U l::~~p t!-!", n~h,:,~ r:;:.rttf":.l) informed as to current addresses ".._-' ..,.1...._\,,"".....6 ...,......'hOI"(! c1.UU I.l,;..~\.;.t-'~~vu..... ........- -"-- 12_ Tl1i: C'~d~r is ~~!e!",.t1 !,'.1r<113nt to an agreement of the parties at a Custody Conciliation Conference. The parties may modifY the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 1,1 Ii..., 16. lill., ~ey, I J. cc; Ar..dl'~~.v C. s~?..!'~> ~<;!~1I1T'e. ~ounse1 for Mother Jeffrey Yoffee, Esquire, Counsel for Father Carol J. Lindsay, Esquire, Counsel for Paternal Grandparents .. TFrUE COPY FROM AECORU tn T NtimonY whereof, I here unlO set my hand and thl ~oC said Court III CatIi!lIO. Pa. :his.. .,t'l-~y aI~~ ~ , _~ C ~ ~ _ () IlL' , I D,-Idh.nI\M_rv iJ7/13/208G .....~......... ':;'J...JL. ....~ ~........ ...............,.... uJ.'-t.)u...J.......J...,."-' ........,.,.." ,~......... ...'-....."....,, "..l.......,IHI".v J...."_I',".....' PAGE 85 EMMA PEARSON BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA " " : ~1)1j1-52!!6 ('!VU~ TERl\.! lUCHARD DUANE BEP..KEY, JR.,: ('lVII, A.CTJON -1"A W Iletendant : IN CUSTODY RICHA.RD D. RF.RKEY. SR. aDd LINDA K. BERKEY, pl~ !"!t!ff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNS\'L VANIA : 2004-1114 CIVIL TERM : CMf, ACTION-LAW RICHARD D. BERKEY, JR. aDd EMMA COONS, DefendaDt : iN CUSTOUY PlUOR JUDGE: Edg:!~ B Bay!"y, J. CUSTODY CONCILIATION SUMMARY REPORT IN f.!'C0?~,'Nr.... wITF r-nMR.J1IUANTl C'01fIN1'V RULE OF CIVIL PROCEDURE 19! 5.3-8, th.. "nnp...,i2"'"r! ('ll<Wrly Conciliator submits the following report: 1 The nertinent infonnation concerning the Children who are the subject of this litiglltlt:>n i. "< follow~: N.AJ'.1F DATF OF BIRTH 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 me~tter on April 20. 2004, with the following indivjrlt1Rl. in attendance: The Mother, Emma Pearson Berkey, with her counsel, Andrew Spears, Esquire, the Father, Richard Duane :Berkey, Jr., by telephone B7/13/2BB5 21:52 81436559B5 RICHARD BERKEY PAGE B6 with his counsel, I~f&t-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 Honorabie Edgar B. Bayiey 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. ,"JI P!!!";~' A~ed that the two actions be consolidated, 4, The parties agreed to the entry of an Order in the form as attached, L/-<J...l.-C;'( Date ~. (flA I~ ,. X-'--" - V J-..........,-,--<- cqu 'ne M. Verney, Esquire ,)' Custody conciliator 07/18/2BB5 15:48 7172495755 DES '.""1 PAGE 11 v. IN THE COUFi:T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 PLEAS OF CUMBERLANtl COUNTY. PENNSYLVANIA V, NO. 2004 - 11'14 CIVIL ACTION- LAW IN CUSTODY RICHARD D, BERKEY, JR., and : EMMA COONS Defendants VERIFICATION I verify that the statements made in the foregoing iOetition To Modify Custody are tmEl and oorrect. I understand that false statements herein are made subject to the penalties 0" 18 Pa. C,S. S 4904, relating to unsworn falsification to authorities, rW9~, Richard D. Berkey, J DATED: July I q, 2005 II '11 I EMMA PEARSON BERKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 5286 CIVIL ACTION - LAW 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 - 11141 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 ServiceMail.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 ~ . Sc rer, Esquire Michael DATE: July 20,2005 ("':J r-' c;:::. , , c 0 -n ~ ~ ~ u~, '-- -.... :r: c.:: In:::: *'- tOP ~ 'i'....) j"r"', C? ~ ~ c:' (') ~ .-';~ ~ ,. '--;' (:'~; ~ ;.:r V\ .' c'" :S\ll \J , .~." "-.J ,~) ~1. --' EMMA PEARSON BERKEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 02-5286 iJl.!. /1 flI CIVIL ACTION LAW to'" ,I ,,/ RICHARD DUANE BERKEY. JR, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, July 27, 2005 . 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 Conrthouse, Carlisle on Tuesday, Sl,ptember 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 c05ere~~ m~ provide grounds for entry of a temporary or pennanent order. C <-" ..... "-~. ~ :1""14J The court hereby directs the parties to furnish any and all existing Protection from AbUSeorde~~;' ':;',\:0 f'.') -;;1...,- Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinfli.,' """)j (;.\ .-" ,':'1(") , ..,o;t'n FOR THE COURT. '.:;-- \~'; ~~':,\ By: /s/ Tacqueline M Vemey, Esq. Custody Conciliator .t" v . ~'~I -~ Co, 'n :< The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please '~ontact 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 TTORNEY 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 . >d' ~ ~ .,. ~~" 5p.<c~ ~ !p.. ~--r 4Z "r- ~U; JPkc. ~ ~.-0.p~ ~-~,~ ,potf-C"L I t, , ~- ;:-',;(iJ ('\ I .7 Ii,) C 'v,,,., 57 ""Or' Cfln7 '.... lItl ,.]1..0-",,,, "H' ~O I'.''''''.' ...>.'.'cJ " .L" ,,1::1'1"':"<...'; ''-''. '-~:"""''::,-'~lj :j;)1.~:'l}-U:~ IL ~. )'RECEIVED SEP 072005 f' EMMA PEARSON BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RICHARD DUANE BERKEY, JR.: NO. 2002-5286 CIVIL TERM Defendant : IN CUSTODY 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, : NO. 2004-1114 CIVIL TERM. . Defendants ORDER OF COURT AND NOW, this tafJ.. day of ~~ ,2005, upon consideration of the attached Custody Conclliat on Report, it is ordered and directed as follows: 1. A Hearing is scheduled in ~ ;;t , of the ~umberland County Court House, on the j(j).- day 0 , 2005, at /J; </5 o'clock, JL. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The Orders of Court dated July 29, 2005 and August I, 2005 are hereby vacated. The Order of Court dated April 27, 2004 shall remain in full force and effect with the following modification. 3. Paternal Grandparents, Richard D. Berkey, Sf. and Linda K. Berkey, Father, Richard Duane, Jr, and Mother, Emma Coons shall have shared legal custody of Kiera Lynne Berkey, born April 25, 2001. Each party shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. Paternal grandparents shall have temporary physical custody of Kiera, 4. Mother shall have partial physical custody of Kiera on alternating weekends (to coincide with the weekends that the boys stay at Mother's home) beginning September 9, 2005 from Friday at II :00 a.m. to Monday at 11 :00 a.m. Custody exchanges shall be at the Milesburg exit of Interstate 80 at the truck stop. 5. Father shall have partial physical custody of Kiera on alternating weekends to coincide with the weekends he has partial physical custody of the boys, 6. The parties may modify this Order by mutual consent. In the absence of mutual consent, this Order shall remain in full force and effect. 7. Any party may contact the Conciliator to schedule a telephone conference pending the Court hearing. cc:.Mlchael A. Scherer, Esquire, counsel for Father fiffrey G. Stovall, Esquire, certified legal intern; Lucy Johnston-Walsh, Esquire, Family Law Clinic, counsel for Mother )23rol J. Lindsay, Esquire, counsel for paternal grandparents ) oq-IYoJ 20]5 2 :-~i 3: 35 CU;"" :;',JTY ." EMMA PEARSON BERKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RICHARD DUANE BERKEY, JR.: NO. 2002-5286 CIVIL TERM Defendant : IN CUSTODY -------------------------------------------------------------------------------------------------- RICHARD DUANE BERKEY, SR.: IN THE COURT OF COMMON PLEAS OF And LINDA K. BERKEY, : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs V. RICHARD DUANE BERKEY, JR.: AND EMMA COONS, : NO. 2004-1114 Defendants 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 September 6, 2005 with the following individuals in attendance: The Mother, Emma Pearson (Berkey) Coons, with her counsel, Jeffrey G. Stovall, certified legal intern, Lucy Johnston-Walsh, Esquire, Family Law Clinic; Father, Richard Duane Berkey, Jr., with his counsel, Michael A. Scherer, Esquire and the paternal Grandparents, Richard Duane Berkey, Sr. and Linda K. Berkey, with their counsel, Carol J. Lindsay, Esquire. 3. The Honorable Edgar B. Bayley previously entered an Order of Court on April 27, 2004 providing for shared legal custody by Mother and Father, Mother having primary physical custody and Father having alternating weekends and three weeks in the summer. Paternal Grandparents had periods of partial physical custody for two weeks in the summer and three other times during the year, one of which included Christmas. As a result of a Petition for Special Relief, the Court entered an Order of Court dated July 29, 2005 giving Mother two weeks in the beginning of August, Father the following week and Mother the week before school started. By Order of Court dated August 1,2005, the children were to attend school from their Mother's home and Father was to have alternating weekends including Monday if a school holiday. 4, Father's position on custody is as follows: Father seeks shared legal and primary physical custody of the children, with Mother having alternating weekends with the children. Father maintains that Mother removed the children from school 2 days early, leaving the children with Father explaining she needed to remove herself from an abusive relationship. Father contends that Mother thereafter was transient, ultimately moving to her present location in July with a boyfriend she met over the internet. Father further asserts that Mother has inadequate beds for the children and no kitchen table or dining room table, requiring the children to eat from the floor. Lastly, Mother is illegally in the country and faces a deportation hearing on October 12,2005. Father is in favor of paternal grandparents having temporary physical custody of Kiera. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having alternating weekends. Mother indicates there is adequate furniture in the home and the children have adjusted to their new school. Mother believes she will be permitted to remain in the country following her deportation hearing. Although Mother wishes all three siblings to stay together, she acknowledges that Kiera, 4 years old, is bonded to the paternal grandparents. Mother is willing to have the grandparents have temporary physical custody of Kiera for a couple of weeks and perhaps longer pending a hearing. Kiera will alternate weekends with her parents so that she will see her brothers every weekend. 6. Paternal Grandparents' position on custody is as follows: they are willing to share legal custody with both parents and accept primary physical custody of all of the children if it is determined that it is in the children's best interest. They assert that Kiera is especially bonded with them since she lived with them for an extended period oftime since she was young. They believe they can provide stability to the children. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody of the two boys, Mother primary physical custody and Father having alternating weekends of the two boys. By agreement of the parties, Paternal Grandparents will have temporary shared legal custody and primary physical custody ofKiera. It is expected that the Hearing will require one day. (J ,. ~ '-- - - ~~ fl. . / acq4eline M, Verney, Esq~ Custody Conciliator q-i.(),{' Date , , EMMA PEARSON BERKEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 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 ~~1114 CIVIL TERM --------------------------------------------------------------------------------------------------- ANTHONY L. COONS, JR., PLAI NTI FF /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 ,:J,V}t/v 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. I . .-- ~rey G. Stovall, Certified Legal Intern Lucy Johnston-Walsh, Esquire For Emma Pearson Berkey MIChael A. Scherer, Esquire vF~; Richard Duane Berkey, Jr. and Anthony L. Coons, Jr. C7.iirol Lindsay, Esquire vF~r Richard D. Berkey, Sr. and Linda K. Berkey ~ra Haggerty, Esquire For Jason Cunningham ~ :sal 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 ,"' . ~ (m ~, .-:-:':) C,'" () -n --------------------------------------------------------------------------------------.--- c_ :~ ~-,.: r:;~ RICHARD D. BERKEY, SR., and, LINDA K. BERKEY, Plaintiffs IN THE COURT OF COMMOWPLEASB;oF,c. CUMBERLAND COUNTY, PENNSYLVANIA r:~) -)i V. NO. 2004 - 1114 r0 ~.:] -< RICHARD D. BERKEY, JR., and, EMMA COONS, Defendants CIVIL ACTION - LAW 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: I. 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 Kiera 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 school. 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 all three parties together with their siblings. The dates of the visits shall be agreed upon by the parties. 8. Transportation shall 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 will also pick Kiera up at Father's house after the child's weekend with Father. 9. All parties shall be entitled to liberal telephone contact with the children. The parties shall distribute all 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 shall 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 ClUTent addresses and telephone numbers. , 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. ,,;::::::,-, ./' C~//f'''' c'c; C',,-'~~'77- Emma Coons I / I <{, (Ofo ~ -~>.- I~ - ;t), -05- Date M~l~ Counsel for Defendant 19 W. South Street Carlisle, PAl 70 1 3 ~ r0~ STON- WALSH ANN MACDONALD-FOX THOMAS M. PLACE Counsel for Plaintiff F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle,PA 17013 (717) 243-2368 /, '7-0" Date cRv~ l<tO~ Linda K. Berkey J -1- 0 {n Date Carol Lind ay, sq. Counsel efendants 26 W. High Street Carlisle, P A 17013 JAN t ! 'ZlJB ' C\ (') -il c_ co ,-,-I r~.1