The URL can be used to link to this page

Home My WebLink About04-6268 ANN M. PIERCE Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : CUSTODY DONALD PIERCE, JR. Defendant : NO. 04- ls.;)J,? CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Ann M. Pierce, through her attorneys, the Family Law Clinic, sets forth the following in support of her Complaint for Custody: 1. Plaintiff is Ann M. Pierce, who currently resides at 246 Goodhart Road, Cumberland County, Shippensburg, P A 17257. 2. Defendant is Donald Pierce, Jr., who currently resides at 7527 Lincoln Way West, Franklin County, S1. Thomas, P A 17252. 3. Plaintiff seeks shared legal custody and primary physical custody of the following child: Name Present Residence Date of Birth Remi Pierce 7527 Lincoln Way West, S1. Thomas, Franklin County, P A 17252 11/16/99 The Child was born in wedlock. The Child is presently in the custody of Donald Pierce, Jr., who currently resides at 7527 Lincoln Way West, S1. Thomas, Franklin County, PA 17252. During the past five years, Child has resided with the following persons and at the following addresses: Persons Address Dates Donald Pierce, Jr. 7527 Lincoln Way West, St. Thomas, Nov 18, 2004- Brenda Strait Franklin County, Pa 17252 present Megan Strait Ann M. Pierce 246 Goodhart Road, Shippensburg, Sept 2004 - Bret Gordon Cumberland County, PA 17257 Nov 18, 2004 Donna Garman Jason Daywalt Nevada Daywalt Ann M. Pierce 343 East Burd Street, Shippensburg, Dec 2003 - Bret Gordon Cumberland County, PA 17257 Sept 2004 Ann M. Pierce 7527 Lincoln Way West, St. Thomas Sept 2001- Donald Pierce, Jr. PA 17252 Dec 2003 Bret Gordon Ann M. Pierce 649 N. Franklin, Chambersburg, Nov 99 - Donald Pierce, Jr. Franklin County, P A, 17201 Sept. 2001 Bret Gordon The mother of the child is Ann M. Pierce, hereinafter "Mother", currently residing at 246 Goodhart Road, Shippensburg, Cumberland County, P A 17257. She is married. The father of the child is Donald Pierce, Jr., hereinafter "Father", currently residing at 7527 Lincoln Way West, St. Thomas, Franklin County, PA 17252. He is married. 4. The relationship of Plaintiff to the child is that of Mother. She resides with the following persons: Name Relationship Donna Garman Jason Daywalt Nevada Daywalt Bret Gordon Friend Friend Friend's Daughter Son 5. The relationship of the Defendant to the child is that of Father. He currently resides with the following persons: Name Relationship Brenda Strait Megan Strait Girlfriend Girlfriend's Daughter 6. Mother has been named a party in other litigation concerning the custody of this child in another court. On November 30, 2004, Father filed a Complaint For Custody, docketed at 2004-3116 in the Court of Common Pleas in Franklin County, Pennsylvania. (See attached Exhibit "A"). The Complaint is scheduled for presentation to the Court in Franklin County on December 16, 2004. Pursuant to Pa.R.C.P. 1028 (a)(l) and Pa.R.C.P. 1915.2 (l)(i) and Pa.C.S.A 95421 and 95471, Mother is filing Preliminary Objections in the Court of Common Pleas of Franklin County, alleging that Franklin County is an improper venue for the custody action because Remi resided in Cumberland County, Pennsylvania from December 2003 until November 18, 2004, and Cumberland County is the "home" county of the child. Mother has no information of a custody proceeding concerning the child pending in a court of the Commonwealth or of any other State except for the Franklin County, Pennsylvania proceeding listed above. Mother does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Mother has been the primary caretaker of the child; b) Mother provides the child with a stable home environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c) Mother performs the parental duties and enjoys the love and affection of the child. d) Mother is willing to allow Father custodial periods in order for him to maintain his parental bond with child. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant her shared legal and primary physical custody of the child. Date: December 14,2004 ReSpeClf) submitted, c~.w.~~ Certified Legal Intern 7r ~'A~(AJvf-~- RbB~. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON- WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 VERIFICATION I verify that the statements made in the foregoing Complaint For Custody are true and correct to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities. Date: t2-Pf.l5dCO(j (J/Yt/n- ;J1.12 f AA' X Ann M. Pierce IN THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH Donald E. Pierce, Jr., ) Plaintiff, ) ) vs. ) ) Ann M. Pierce, ) Defendant, ) Civil Action - Law No. CJ rrl ~ -u. -~ ~z .-< :::: c--; i ~1.~ ;/ I CJr-- I :r:. ~~;~ ~ ::;:h. -<8 ........ .." = :::a c':~ J:: :>>-0 z :z::;:o c."1 ;-^C) -<-: ;.- ---l lJ.J :-;::::r: -,- c:> 0 ()-- - -"'-- C)Q }> (=--1 ;r.::> .-< ;l.J -D .<-< Custody COMPLAINT FOR CUSTODY .J 1. The Plaintiff is Donald E. Pierce, Jr. (natural Father) residing at 7527-Eincof~ Way West, S1. Thomas, Franklin County, Pennsylvania 17252. 2. The Defendant is Ann M. Pierce (natural Mother) residing at 260 Goodhart Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks custody of the following child: Name Remi Lorraine Pierce Address 7527 Lincoln Way West S1. Thomas, P A 17252 A.ge 5 years old (DaB: 1] /16/99) The child was born of th~ marriage. The child is presently in the custody of Donald E. Pierce, Jr. (natural Father), currently residing at 7527 Lincoln Way West, S1. Thomas, Franklin County, Pennsylvania 17252_ During the past five years the child has resided with the following persons and at the following addresses: Name Donald E. Pierce, Jr., Ann M. Pierce and Bret Gordon Address 649 N. Franklin Street Chambersburg, P A 17201 Date 11/16/99 - 9/02 Donald E. Pierce, Jr., Ann M. Pierce and Bret Gordon 7527 Lincoln Way West S1. Thomas, P A 17252 9/02 - 12/03 Ann M. Pierce and Bret Gordon 243 Burd Street Shippensburg, P A 12/03 - 7/04 EXHIBIT i A ji.;.'X;r' ;!_d; .A f';::;~ :.- t. ~ t. . ',/ r' r, 'It" i~ ; )}?C{;yx./ j f~~ Name Ann M. Pierce, Donna (last name unknown), Donna's two children (names unknown), Jason (last name unknown), Jason's two children (names unknown), Bret Gordon, and an unknown woman Address 260 Goodhart Road Shippensburg, P A 17257 Date 7/04 - 11/04 Donald E. Pierce, Jr., Brenda Strait, and Megan Strait 7527 Lincoln Way West St. Thomas, P A 17252 11/19/04 - present The mother of the child is Anne M. Pierce of 260 Goodhart Road, Shippensburg, Cumberland County, Pennsylvania 17257. She is separated from Plaintiff The father of the child is Donald E. Pierce, Jr. of 7527 Lincoln Way West, St. Thomas, Franklin County, Pennsylvania 17252. He is separated from Defendant. 4. The relationship of Plaintiff to the child is that of natural Father. The Plaintiff currently resides with the following persons: Name Brenda Strait Megan Strait_ Relationship friend Brenda's daughter 5. The relationship of Defendant to the child is that of natural Mother. The Defendant currently resides with the following persons: Name Donna (last name unknown) (unknown child) (unknown child) Jason (last name unknown) (unknown child) (unknown child) Bret Gordon (unknown woman) Relationship friend Donna's child Donna's child friend Jason's child Jason's child Ann's son friend 6. Plaintiff, Donald E. Pierce, Jr., is represented by Michael J. Connor, Esquire with regard to this matter. 7. Defendant, Ann M. Pierce, is umepresented with regard to this matter. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. Plaintiffhas no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interests and permanent welfare of the child will be served by granting the relief requested because Plaintiff is better able and willing to provide for the child's needs at this point in time and specifically: a. Mother's living conditions are unstable with nine to ten people residing in a double-wide trailer, in unsanitary conditions; and b. Father is able to provide a stable home. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and right to intervene: NONE 11. A copy of this Complaint has been sent to the Defendant by certified U.S. mail, along with a letter advising the Defendant that this Complaint will be presented to the Franklin County Court on Thursday, December 16,2004 at 8:30 a.m. The said letter and copy of the Complaint was mailed to the Defendant more than five (5) days prior to the presenting of the Complaint before this Honorable Court. WHEREFORE, Plaintiff requests this Honorable Court to grant him primary residential custody of the child. BARLEY SNYDER By: ;l{M;J:t-- Michael J. Connor, Esquire, Attorney for Plaintiff 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. C.S_ Section 4904 relating to unsworn falsification to authorities. ( /') /ArnafJl f cltk1v: b~'<ald E. Pierce, Jr., Plaintiff ;/ eY'1 U I' )3 /Lj I - c - / Date:! if { . ~~2 "-., /-r ~~~.; () .- -11 '-:J nt~ r - . . , C) 1-"- ~ ':I :'-,1 rr l ,$: - ,II.....':' '. .' , ~.., ,v \ "". t" ~:I C/.) '''IT1 1"" ) 0:; ANN M. PIERCE Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODY DONALD PIERCE, JR. Defendant ~ NO. 04- t,.2&P CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To The Prothonotary: Kindly allow Ann M. Pierce, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Dat;J)o~ J~ :t1YI ReSP:)SUbmitted, ~J.w. awage Certified Legal Intern ~ftV (,11_" il,Pt. _ L ! ROBER-T E';fAAINS /7--1 THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON- WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 q l'-..) c::::> e, \. c'::} '. - -n -! C:l ::~ r'.l c;. I 11 ! r ,,'" rn C::J I (".") -::-.~ I ... ....1.-; C) C,,) " ) I n ~.. ~; (-' --' '" <::::> ANN M. PIERCE Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODY DONALD PIERCE, JR. Defendant : NO. 04- CIVIL TERM r--,') c....:) ~l o PETITION FOR SPECIAL RELIEF SEEKING EMERGEN~Y . CUSTODY '-' PURSUANT TO PA R.C.P. 1915.13 .-.( J "'..I. ~ "1 (,j,) AND NOW, this day of ,2004, pursuant to Rule --. 1915.13 of the Pennsylvania Rules of Civil Procedure, the Petitioner, Plaintiff Ann M. Pierce, by her attorneys, the Family Law Clinic, files this petition seeking emergency custody of the minor child, Remi Pierce, born November 16, 1999. In support of her Petition for Special Relief, Petitioner avers as follows: 1. The petitioner is Plaintiff Ann M. Pierce, an adult individual who currently resides at 246 Goodhart Road, Shippensburg, Cumberland County, P A, 17257. 2. The respondent is Defendant Donald Pierce, an adult individual who resides at 7527 Lincoln Way West, Franklin County, St. Thomas, P A 17252. 3. The petitioner is the biological mother (hereinafter "Mother") of the five year old minor child, Remi Pierce, born November 16, 1999 (hereinafter "Remi"). 4. The respondent is the biological father (hereinafter "Father") of Remi. 5. Mother has been the primary caretaker of Remi since the child's birth. 6. Remi lived primarily with Mother from the time of the parties' separation in December 2003 until the weekend of November 18, 2004, when Father failed ,..-1 ~"';':':','l " , ('''') C) -n .-l '.' '. -.,..., r 'l,~-::: ,on <;J ~;T?\ "1"1 L"S _ "M cn ) ;,l ~- (.:? ~'2 to return the child to Mother after his weekend of partial custody of the child. 7. From September 2004 until November 18, 2004, Remi resided with Mother and Mother's other child, Bret Gordon, at 246 Goodhart Road, Shippensburg, Cumberland County, P A 17257. 8. From December of 2003 until September of 2004, Remi resided with Mother and Mother's other child, Bret Gordon, at 346 Burd Street, Apt. 2, Cumberland County, Shippensburg, P A 17257. 9. From September of2001 until the parties separated in December 2003, Father, Mother, and Remi resided together at 7527 Lincoln Way West, St. Thomas, Franklin County, P A 17252, with Mother's other son, Bret Gordon. 10. From the time ofRemi's birth in November of 1999 until September of2001, Father and Mother lived together at 649 Franklin St., Chambersburg, Franklin County, P A 17201, with Mother's other son, Bret Gordon. 11. Since the time of their separation in December 2003, Father and Mother have had an informal agreement that Remi would reside primarily with Mother'and would reside with Father every other weekend. 12. Per the parties' agreement, the weekend of November 18,2004 through November 21,2004, was a weekend that Remi was scheduled to be with Father. 13. On Sunday, November 21,2004, without any warning to Mother and without her consent, Father failed to return Remi to her Mother's care. 14. Father has not allowed Mother to see Remi since November 18, 2004. 15. Remi is enrolled in a pre-kindergarten program through Head Start in Shippensburg and normally attends school from 9:45 a.m. to 1 :45 p.m. Monday through Thursday. The child has not been attending school since Father refused to return the child to Mother's care on November 21,2004. 16. Father disrupted the status quo by removing Remi from her Mother's continual care and affection and from daily contact with her sibling, and by interrupting the child's participation in the Head Start Program. 17. Mother is filing a Complaint for Custody contemporaneously with the filing of this Petition for Special Relief. As of the date of filing, no Order of Court has been established for the custody of Remi Pierce. 18. On November 30, 2004, Father filed a Complaint For Custody in the Court of Common Pleas of Franklin County, docketed at No. 2004-3116 (see attached "Exhibit A"). That Complaint is scheduled for presentation to the Court in Franklin County on December 16,2004. 19. Pursuant to Pa.R.C.P. 1028 (a)(l) and Pa.R.C.P. 1915.2 (l)(i) and Pa.C.S.A 95421 and 95471, Mother is filing Preliminary Objections in the Court of Common Pleas of Franklin County, alleging that Franklin-County is an improper venue for the custody action because Remi resided in Cumberland County, Pennsylvania from December 2003 until November 18, 2004, and Cumberland County is the "home" county of the child. 20. Pursuant to Cumberland County R.c.p 206-2 (c), Mother's counsel sought the concurrence of Father's counsel, Michael J. Connor, Esquire, in this petition. Opposing counsel does not concur with the relief requested in Mother's petition. 21. Mother avers that is in the best interests of the minor child that Mother be granted temporary legal and physical custody of Remi until further Order of Court because: a) she has been the primary caretaker ofRemi since the child's birth; b) she had primary physical custody ofRemi from December 2003 until November 18,2004; c) she is better able to care for the five-year old child; d) Remi would be able to resume her education at the Head Start Program and would continue to have contact with her sibling; and e) Father unilaterally disrupted the status quo by removing Remi from Mother's care in November 2004. WHEREFORE, the petitioner, Plaintiff Ann M. Pierce, respectfully requests that this Honorable Court enter an Order against the respondent, Defendant Donald Pierce, granting Petitioner temporary legal and physical custody of Remi, ordering Respondent to return Remi immediately to Petitioner, directing that the Sheriff or his deputy serve the Order on Respondent and effectuate the immediate return of the child, and scheduling this matter for a hearing. . Date: December 14,2004 Respect~ll~ sub~itt~d, r e.l ~ ;-~~. ()(1 j~~cWJ ~~.~~wage -~ ertified LeZ _ ( , ROB . RAINS ~ THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON- WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. Date: /J J1/ r '~ll I J /" / L ;-; !L.,(j (j .. ~, f 1/"- 7 ./ ..- /}/)~' "/ J'I' t.(/Yl/l-f: J/% ..~.-/L./c..P Ann M. Pierce IN THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF PENNSYLVANIA FRANKLIN COUNTY BRANCH Donald E. Pierce, Jr., ) Plaintiff, ) ) vs. ) ) Ann M. Pierce, ) Defendant, ) Civil Action - Law No. CJ ........ ." r<1 <::::> ;::0 C::~ U -01 -=- :r>-u 0.: :::.J:;: ::-~ Z;u ---j 0-- C'"i :;J:;o ,-< ---jC? ..::::: j'- -i :T:.l"':-- Lv =;:::I: C) r--' 0 --.0 -,... n-- ~- . ....... , C) en <:::)0 ~:--i r:-i }> (=-i ~ "-~ :.r.> ;o~ ~ :;.0 -<CJ -;9 --< -< Custody COMPLAINT FOR CUSTODY -, .J 1. The Plaintiffis Donald E. Pierce, Jr.(natural Father) residing at 7527-Eincof~ Way West, St. Thomas, Franklin County, Pennsylvania 17252. 2. The Defendant is Ann M. Pierce (natural Mother) residing at 260 Goodhart Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks custody of the following child: Name Remi Lorraine Pierce Address 7527 Lincoln Way West St. Thomas, P A 17252 Age 5 years old (DOB: 11/16/99) The child was born of the marriage. The child is presently in the custody of Donald E. Pierce, Jr. (natural Father), current.ly residing at 7527 Lincoln Way West, St. Thomas, Franklin County, Pennsylvania 17252_ During the past five years the child has resided with the following persons and at the following addresses: Name Donald E. Pierce, Jr., Ann M. Pierce and Bret Gordon Address 649 N. Franklin Street Chambersburg, P A 17201 Date 11/16/99 - 9/02 Donald E. Pierce, Jr., Ann M. Pierce and Bret Gordon 7527 Lincoln Way West St. Thomas, P A 17252 9/02 - 12/03 Ann M. Pierce and Bret Gordon 243 Burd Street Shippensburg, P A ] 2/03 - 7104 EXHIBIT ,j 11 j.~~'J;f";:j!; b~ .rj~: ~,1:-_ t. :;..:.;~. -:{ fl. I~' ~fi/ ~?C(;1\I _J;~~L-. Name Ann M. Pierce, Donna (last name unknown), Donna's two children (names unknown), Jason (last name unknown), Jason's two children (names unknown), Bret Gordon, and an unknown woman Address 260 Goodhart Road Shippensburg, P A ] 7257 Date 7/04 - 11/04 Donald E. Pierce, Jr., Brenda Strait, and Megan Strait 7527 Lincoln Way West S1. Thomas, P A ] 7252 ] 1 /19/04 - present The mother of the child is Anne M. Pierce of 260 Goodhart Road, Shippensburg, Cumberland County, Pennsylvania l7257. She is separated from Plaintiff. The father of the child is Donald E. Pierce, Jr. of 7527 Lincoln Way West, S1. Thomas, Franklin County, Pennsylvania 17252. He is separated from Defendant. 4. The relationship of Plaintiff to the child is that of natural Father. The Plaintiff currently resides with the following persons: Name Brenda Strait Megan Strait. Relationship friend Brenda's daughter 5. The relationship of Defendant to the child is that of natural Mother. The Defendant currently resides with the following persons: Name Donna (last name unknown) (unknown child) (unknown child) Jason (last name unl<nown) (unknown child) (unknown child) Bret Gordon (unknown woman) Relationship friend Donna's child Donna's child friend Jason's child Jason's child Ann's son friend 6. Plaintiff, Donald E. Pierce, Jr., is represented by Michael J. Connor, Esquire with regard to this matter. 7. Defendant, Ann M. Pierce, is unrepresented with regard to this matter. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. PI aintiffhas no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody ofthe child or claims to have custody or visitation rights with respect to the child. 9. The best interests and permanent welfare ofthe child will be served by granting the relief requested because Plaintiff is better able and willing. to provide for the child's needs at this point in time and specifically: a. Mother's living conditions are unstable with nine to ten people residing in a double-wide trailer, in unsanitary conditions; and b. Father is able to provide a stable home. ] Q. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice ofthe pendency of this action and right to intervene: NONE ] 1. A copy of this Complaint has been sent to the Defendant by certified U.S. mail, along with a letter advising the Defendant that this Complaint will be presented to the Franklin County Court on Thursday, December 16,2004 at 8:30 a.m. The said letter and copy ofthe Complaint was mailed to the Defendant more than five (5) days prior to the presenting of the Complaint before this Honorable Court. WHEREFORE, Plaintiff requests this Honorable Court to grant him primary residential custody ofthe child. BARLEY SNYDER By: /ll:M;J:1-- Michael J. Connor, Esquire, Attorney for Plaintiff 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. C.S. Section 4904 relating to unsworn falsification to authorities. ! /1 I 0' I j; ;-'1 j/ /( /t1\f!1tl& t Clihulw- ~dld E. Pierce, Jr., Plaintiff ;1 U Date: I! ;23- eLf v DEe 1 -4 20D4 ~ J v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LA W ; CUSTODY ANN M. PIERCE Plaintiff DONALD PIERCE, JR. Defendant ; NO. 04- I.c.AY CIVIL TERM AND NOW, this ORDER OF COURT It./~ dayof ~ , 2004, upon consideration of the attached Petition for Special Relief, it is hereby ordered as follows: ,.. -,..... The pctitionoF;N-aintiffpmu M. ~'(,L"'''', ..hall havt: l\;:ge:tl i:IJ.1d ViillU{(y yhy8i€al .cuDtodr~ftll'e-JfJrd'e{- mInor cm\a, kern! Lorram ~ferc~, bum Nv v C41bor .~ 61 ~ 1999, unLil [ilitlldCh~~ uft\.t~ Tho rospondent;'Bofondllm--DouttlJPicreo, J~; ohall 1.nLuoo.latd] H...ffll..ll R\.,'ll1i fkll;tfm AiilfOC P!(;rce's care ana cusrou? TIle a.ul.l'L~ala11J Cuuui.y SIL....Lfff"0f m3" ~Yj chllll tlJpI,l{) fu:t' (),.r!""" 1"\" ? R.....3!-'vuJtui., a.uJ "lrdileffcl.-l\l'Ji.c i.h... ~lluhl;,d'i(1~ l...i\uu v;~lHi l'i....L"'''' b '1lt:lhtoner, wl'thuui. W;)~ LV LhC-F'eli~vu('f.. /. A hearing regarding this Petition for Special Relief is hereby scheduled for the - 1'-fYt day of ~ ,2004 at 3. O~ 1.#1 · o'clock in Courtroom Number 5 , Cumberland County Courthouse, Carlisle, Pennsylvania, at which time the parties along with their legal counsel shall appear in person. J. 1:~:j:i 91:'; Y"~,f"~l~;i';.; '."':~",':" ~ ' " ~ 'I I :J i_ ~tl~"'~";:'l" rI :.~ < . 'f:...~: :',':i ~ ',> ~:'...... In Te.stitfl(Hhi V;f"'.''''/" ,', '".' ",' -", '.~.. .... ~~ . ,,:;. '~.' I '. '" : ; !'::'c! L .~ ~ I. ~ i~~ .~. ;J (Joel tit(} ~! 1,1" .' ',,",f', ':," ,"..,.....". . ~.. rhjs J g;. . .,,, ,..,;"':.,.. ^ '.-;',.. ....e:l., ,C-:\" , ll~ ~IY ,'J~{,~V qfC's.1 'i ........... l If:-VJ~~;;'" A {)VJ;;':" .,.. I ( _' .....r~-~."ilo-'t:......,''''\."!''. ;::~~'f~.~i}'~Jrt;~.:t~~ ANN M. PIERCE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 17th day of Dece~ilier, 2004, after hearing on the issue of whether or not the status quo should be reinstated, we enter the following Temporary Order: 1. The parties shall have shared legal custody of their child, Remi Pierce. 2. Mother shall have primary physical custody of the child subject to periods of partial physical custody in Father as follows: A. Every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. B. On Christmas day from noon until 5:00 p.m. C. At such other times as the parties agree. We note that we did not have a hearing on the merits and that this Order was entered merely to reinstate the status quo that existed prior to the filing of th<2 custody complaint. The Court Administrator is directed to schedule this matter for conciliation at the earliest convenient date. If the parties are unable to reach an agreement, we will have a full hearing on the merits and decide the case at that time. ~1:~ lP?"~ \ ,,0 \ ~ ')0# Sil.,-, '!.1 D(~ ~1::~JllDQZ t ~ 1 I :-- .:~ I (~, Randall M. Justice, Certified Legal Intern Anne MacDonald-Fox, Esquire Family Law Clinic For the Plaintiff Michael J. Connor, Esquire For the Defendant Court Administrator Y\ti-';1t1~. ~); 1.J...(:.,~_..t'/ srs ANN M. PIERCE Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COU1\fTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : CUSTODY DONALD PIERCE, JR. Defendant : NO. 04-6268 CIVIL TERM CONSENT AND APPROVAL FOR APPEARANCE', UNDER Pa.B.A.R. 322 I hereby consent to the appearance of Randall M. Justice a Certified Legal Intern under the supervision of an attorney, in the Petition for Special Relief proceeding before the Honorable Judge Guido at 3:00 p.m. on Thursday, December 17,2004. Date: December 17, 2004 " (h/K- jJJ ~~ Ann M. Peirce . As the supervising attorney for Randall M. Justice, certified under Pa.B.A.R. 322, I approve of his appearance on behalf of the above-named client in the above-named proceeding. Date: December 17,2004 e Anne ald::Fox Staff Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 1 I ~. _._~ lli ;1' ~.." " -.----- -"--_.--- ANN M. PIERCE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW CUSTODY DONALD PIERCE, JR., Defendant : NO. 04-6268 CIVIL TERM AFFIDAVIT OF SERVICE~ I, Kevin Taccino, hereby certify that I am a competent adult and that I personally served a true and correct copy of the Complaint for Custody, Petition for Special Relief and Order of Court dated December 14, 2004, on the Defendant, Donald .Pierce, Jr. Service was complete upon receipt by Donald Pierce, Jr. on the 16th day of December, 2004. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: December 16, 2004 f~~/~ Kevin Taccino Mid- Penn Liegal Services ',j_! (-~: ' ~ ~- ,:~ I (,~j ;:- (~:J I L-11.1 ~'L! ~~~ !~;- ) ,') ("V) .J ::1.- ('-....1 , ~ t~'! (,,:"'; ~ .'"- (,) I j JAN 1 8 20[)Jf{'~ ANN M. PIERCE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DONALD PIERCE, JR., Defendant : NO. 2004-6268 CIVIL TERM : IN CUSTODY ORDER OF COURT 51 - ./ AND NOW, this ;1..1 day of VAN u ,PileI ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in COu:!..Room No.J , of the Cumberland County Court House, on the ,;.,'f{thday of I- ~1I~005, at 9: .30 o'clock, ~ . M., at which time testimony will be taken. For purposes of this Hearing, the Mother 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 prior Order of Court dated December 17, 2004 is hereby vacated. 3. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 4. The Mother, Ann M. Pierce, and the Fath~r, Donald Pierce, Jr. shall have shared legal custody ofRemi Pierce, born November 16, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 5. Mother shall have primary physical custody of the child. 6. Father shall have the following periods o:fpartial physical custody of the child: A. Alternating weekends from Thursdays at 3:30 p.m. when Father will pick up the child from the babysitter's to Sunday at 6:00 p.m. '1". B. On the off week, Thursday overnight from 3:30 p.m., when Father will pick up the child at the babysitter's to Friday at 6:00 p.m., except that if Mother is off from work on Fridays, then the transfer will be as agreed by the parties. C. Such other times as the parties agree. 7. Except as provided elsewhere in this Order, transportation shall be shared such that the parties shall exchange custody at the Sheetz store on Route 30 in Chanbersburg, unless otherwise agreed. 8. The parties are entitled to liberal telephone contact with the child at reasonable times. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY Cd 9~ J. cc: Alexis Falvello, certified legal intern Lucy Johnston-Walsh, Esquire, Family Law Clinic, eounsel for Mother Michael J. Connor, Esquire, counsel for Father Pf<<4 .~ 1_ J.. '1, I:) s.' ~ (, .., ~- -'-' , '" i~t: _~: ,;.. ",--"j :.,i-~l :",,) J:'\~~:~r(}:riJ JAN 1 8 2005 rf\ f V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ANN M. PIERCE, Plaintiff DONALD PIERCE, JR., Defendant : NO. 2004-6268 CIVIL TERM : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Remi Pierce November 16, 1999 Mother 2. A Conciliation Conference was held January 13,2005 with the following individuals in attendance: The Mother, Ann M. Pierce, with her counsel, Alexis Fa1vello, certified legal intern, Lucy Johnston-Walsh, Esquire, Family Law Clinic and the Father, Donald Pierce, Jr., with his counsel, Michael J. Connor, Esquir,e. 3. The Honorable Edward E. Guido previously entered an Order of Court dated December 17,2004 pursuant to a Petition for Special RelJief, providing for shared legal custody with Mother having primary physical custody and Father having alternating weekends. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody of the Child with Father having alternating weekends. Mother asserts that the Child has a close relationship with her half sibling and that she is currently attending Head Start pre-school four days per week and will attend Shippensburg schools in the fall. Father lives more than a half an hour drive away and a shared physical arrangement would not be feasible. 5. Father's position on custody is as follows: Father seeks shared legal and shared physical custody of the Child on a week on/week off basis or in the alternative primary physical custody. Father has concerns about overcrowding at the trailer where the child is residing and in particular one individual with an extensive criminal record. Father asserts that when the parties lived together it was d,~cided that the child should attend school where Father is living. Father further contends that Mother has had numerous residences since separation creating instability for the child, while his home is the marital home where the child previously resided. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of shared legal custody, Mother having primary physical custody and Father having alternating weekends, Thursday to Sunday and every Thursday overnight. It is expected thaI the Hearing will re:quire one day /- /4-0.s Date ~c~~. Verney, Esquire Custody Condliator .. ANN M. PIERCE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6268 CIVIL TERM DONALD PIERCE, JR., Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 28th day of February, 2005, after hearing, we enter the following Order which shall replace all prior Orders in this matter: 1. The Mother, Ann M. Pierce, and the Father, Donald Pierce, Jr., shall have shared legal custody of Remi Pierce, born November 16, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being, including but not limited to all decisions regarding her health, education and religion. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial custody: A. Alternating weekends from Thursdays at 4:00 p.m. until Sunday at 6,30 p.m. B. On alternating weeks from Thursday at 4:00 p.m. until Friday at 6:30 p.m. C. In the summer months, when Remi is not enrolled in the Head Start Program, the parties shall share custody on an alternating week basis. The exchanges shall be at 6,00 p.m. on Sundays. D. At such other times as the parties agree. 4. Transportation shall be shared such that the . parties shall exchange custody at the Sheetz store on Route 30 in Chambersburg unless otherwise agreed. 5. The parties shall be entitled to liberal telephone contact with the child at reasonable times. 6. The parties may modify this Order by mutual agreement. In the absence of a mutual consent, the terms of this Order shall control. Edward E. Guido, J. Alexis Christine Falvello, Certified Legal Intern ~ucy Johnston-Walsh, Esquire Family Law Clinic For the Plaintiff ~chael J. Connor, Esquire For the Defendant srs ~~'~ ~ 03-0/-Q.5