Loading...
HomeMy WebLinkAbout05-2939 l. .... ANTHONY L. COONS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005- ';;939 CIVIL TERM Defendant CIVIL ACTION-LAW IN DIVORCE EMMA D. COONS, NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE.CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ... 1 ANTHONY L. COONS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-.:1...93'1 CIVIL ACTION-LAW IN DIVORCE CIVIL TERM EMMA D. COONS, Defendant DIVORCE COMPLAINT 1. Plaintiff is Anthony L. Coons, Jr., an adult individual who currently resides at 39 North Spring Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Emma D. Coons, an adult individual who currently resides at 39 North Spring Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff and Defendant have been a bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 7, 2003, in Pleasant Hall, Franklin County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to partiCipate in Counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. - - I. EMMA D. COONS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2939 CIVIL TERM CIVIL ACTION-U\W IN DIVORCE ANTHONY L. COONS, JR., Plaintiff v. COMPLAINT FOR CUSTODY 1. Plaintiff is Anthony L. Coons, Jr. an adult individual, currently residing at 39 North Spring Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Emma D. Coons, an adult individual, currently residing at 215 Vine Street, Plymouth, Luzerne County, Pennsylvania 18651. 3. Plaintiff seeks custody of the following childlren: Jaide Berkey, born March 8,2002 and Drake T. Coons, born December 27,2003. Jaide Berkey was born out of wedlock. Jaide Berkey is presently in the custody of Plaintiff's paternal grandparents, Jack and Barbara Coons at 31 South Washington Street, Shippensburg, Cumberland County, Pennsylvania. Drake T. Coons was not born out of wedlock. Drake T. Coons is presently in the custody of Defendant, who is currently residing at 215 Vine Street, Plymouth, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates March, 2003 to June, 2003 Anthony L. Coons, Jr. and Emma D. Coons Jaide Berkey Anthony L. Coons, Jr. Emma D. Coons Taylor Berkey Nathan Berkey Kiera Berkey Jaide Berkey Drake T. Coons 206 South Queen Street Shippensburg, Pennsylvania 39 North Spring Street Shippensburg, Pennsylvania June, 2003 to present The natural mother of the children is Emma D. Coons, currently residing at 215 Vine Street, Plymouth, Pennsylvania. She is married to the Plaintiff. The natural father of Drake T. Coons, is Anthony L. Coons, whose resides at 39 North Spring Street, Shippensburg, Pennsy'lvania. The natural father of Jaide Berkey is unknown. Plaintiff has acted as the parent of Jaide Berkey since she was three (3) months old. He is married to the Defendant. 4. The relationship of the Plaintiff to the child, Drake T. Coons, is that of natural father. The plaintiff currently resides with the following persons: None. 5. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: Drake T. Coons 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has 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. 7. 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. 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 the right to intervene. NAME ADDRESS BASIS OF CLAIM None. WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER 1./'{f IY\ Mich~~erer, E~uire I.D.6197'4 19 West South Street Carlisle, Pennsylvania 17013 (717) 24!~-6873 mas.dir/domeslic/coons/cuslodycomplainl.pld ANTHONY L. COONS, JR., Plaintiff V. EMMA D. COONS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- CIVIL ACTION..LAW IN DIVORCE CIVIL TERM 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. C.S. S 4904, relating to unsworn falsification to authorities. Date: June ~ , 2005 'I 'I 1 I I Ii ~ t r--' ;~~ (oJ' t~~ .,;;..- tv J;.- -0 o .on -, -r:-n fl1p 'T' ::9,\0 Y.0"~~ (.~ ('S .>\11 , ) '''.\ -':.>" .,.,::> :~< -,' ':,. tv " r o - Ii Defendant IN THE COUHT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-29~19 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ANTHONY L. COONS, JR., Plaintiff V. EMMA D. COONS, PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1\~15.13 AND NOW, comes the Plaintiff, Anthony L. Coons, Jr., by and through his attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. Anthony L. Coons, Jr. (hereinafter referred to as "Father)is an adult individual who resides at 39 North Spring Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Emma D. Coons (hereinafter referred to as "Mother") is an adult individual who resided at 39 North Spring Street, Shippensburg, Cumberland County, Pennsylvania until June 3, 2005. 3. The parties are husband and wife. 4. The parties are the parents of Drake T. Coons, born December 27,2003. 5. Mother is also the natural mother of four other children, who are: Taylor Berkey, born June 25, 1997 Nathan Berkey, born May 3, 1999 Kiera Berkey, born April 25, 2001 Jaide Berkey, born March 8, 2002 6. Richard Berkey, Jr., is the natural father of Taylor Berkey, Nathan Berkey and Kiera Berkey. II .- 7. The natural father of Jaide Berkey is unknown. 8. Since Jaide Berkey has been four months old, Father has resided with her and has acted as a parent. 9. Father alleged in his custody filing that he has gained in loco parentis status which provides him standing to request custody of Jaide. 10. On June 3, 2005, Mother indicated that she was going to leave the marital residence for a period of time and stay with a friend's grandparents in Lancaster, Pennsylvania. 11. Upon her departure on June 3, 2005, Mollher took Drake T. Coons with her but left Taylor Berkey, Nathan Berkey, Kiera Berkey and Jaide Berkey behind. 12. Taylor Berkey, Nathan Berkey and Kiera Berkey are now with their father, Richard Berkey, Jr. 13. Jaide Berkey is now staying with Father's paternal grandparents, Barb and Jack Coons located at 31 South Washington Street, Shippensburg, Pennsylvania. 14. Father has had very infrequent telephone contact with Mother since her departure from the Shippensburg area, and recently, Mother admitted that she is not staying in Lancaster but she is staying at a different location with a new boyfriend. 15. Since birth, Drake T. Coons has been a resident of Shippensburg, Pennsylvania, and he has always lived in the same residence as Father. 16. When Mother left with Drake, Mother did not make arrangements to cancel weekly physical therapy that Drake received for developmental delays and Mother did not make arrangements with the WIC Program to continue receiving benefits from that program for the children. 17. Mother is unemployed and her only income at this time is Supplemental Social Security which is meant to benefit Drake but is paid directly to Mother. 18. Father filed for divorce on June 9, 2005, and included a count in the Divorce Complaint requesting that he be granted custodly rights to Drake. 19. Father is simultaneous hereto filing a Petition to set this matter for a custody conciliation. 20. Father has not seen Drake since June 3, :1005 and he has been given no assurances as to when he will next see Drake. 21. Undersigned counsel has not been able to locate Mother in order to serve her with the Divorce Complaint at this time. 22. Undersigned counsel is not aware that Mother has retained counsel in connection with this matter. 23. Father and Drake are life long residents of the Shippensburg area and Father's maternal and paternal grandparents live in the Shippensburg area. WHEREFORE, Father respectfully requests that this Honorable Court enter an Order granting him primary physical custody of the Drake T. Coons and Jaide Berkey pending further Order of Court. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~ Mic ael . Scherer, Esquire J.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/coons/specialrelief.pet II VERIFICATION The statements in the foregoing Petition For Special Relief Pursuant To PaRC.P. 1915.13 are based upon information which has been assembled by my attorney in this litigation. The language of the statement~; is not my own. I have read the statements; and to the extent that they are based up(m information which I have given to my counsel, they are true and correct to the beslt of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsifications to authorities. ~-\~ DATE: Co -1(P- 05 ,..., % <J' <- (::::: -"..,> <",.* .... ...., ..,.. o ." :?-n rnp ....oP=; -Oy C,",),() ~1~[1; <.:;Cn , ) ''':~\ ~[i -- -'" -"-... r:--? ,., o II .. ~ r COUNT" - CUSTODY 1 O. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. Plaintiff seeks custody of Jaide A. Berkey, born March 8, 2002 and Drake T. Coons, born December 27, 2003 (hereinafter "children"). The Defendant recently left the marital residence with Drake T. Coons for an out- of-town stay and is expected to return to her residence on or about June 9, 2005. Jaide A. Berkey is presently staying with the Plaintiff's grandmother in Shippensburg, Pennsylvania. During the past two years, the children have resided with the following persons at the following addresses: Persons Residences Dates Anthony L. Coons, Jr. Emma D. Coons Taylor Berkey Nathan Berkey Kiera Berkey Jaide Berkey Drake T. Coons 39 North Spring Street Shippensburg, Pennsylvania June, 2003 - Present Anthony L. Coons, Jr. Emma D. Coons Jaide Berkey 206 South Queen Street Shippensburg, Pennsylvania March, 2003 - June, 2003 The natural father of Drake T. Coons is Anthony L. Coons, Jr., currently residing at 39 North Spring Street, Shippensburg, Cumberland County, Pennsylvania 17257, and the natural father of Jaide A. Berkey is unknown. Plaintiff has acted in loco parentis to Jaide A. Berkey since on or about March 1, 2003. 1/. . Anthony L. Coons, Jr. is married to the Defendant. currently residing at 39 North Spring Street, Shippensburg, Cumberland County, The natural mother of Jaide A. Berkey and Drake T. Coons is Emma D. Coons, Pennsylvania 17257. She is married to the Plaintiff. 12. The relationship of the Plaintiff to Drake is natural father. The relationship of the Plaintiff to Jaide is that of step-father. Plaintiff currently resides with the following persons: Names Emma D. Coons Taylor Berkey Nathan Berkey Kiera Berkey Jaide Berkey Drake T. Coons Relationship Wife Step-daughter Step-son Step-daughter Step-daughter Natural son Relationship 13. The relationship of Defendant to the children is that of natural mother. Defendant currently resides with the following persons: Names Anthony L. Coons, Jr. Taylor Berkey Nathan Berkey Kiera Berkey Jaide Berkey Drake T. Coons Husband Daughter Son Daughter Daughter Son 14. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the Drake T. Coons or Jaide A. Berkey in this or in any other Court. Ii. - or Jaide A. Berkey pending in a court of this Commonwealth. Plaintiff has no information of a custody proceeding concerning Drake T. Coons physical custody of the Drake T. Coons or Jaide A. Berkey who claims to have custody or Plaintiff does not know of a person not a party to the proceedings who has :d61- ~el A. Scherer, Esquire 1.0.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 visitation rights with respect to the children. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children 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 children will be given notice of the pendency of this action and the right to intervene. None. WHEREFORE, Plaintiff requests your Honorable Court to grant him partial physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER r) Date: June U ,2005 Attorney for Plaintiff, Anthony L. Coons, Jr. mas\OomestiC\Lehman,KeVin\divorce.comp -... II --. I" ANTHONY L. COONS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005- CIVIL TERM EMMA D. COONS, Defendant CIVIL ACTION-LAW IN DIVORCE 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. C.S. 94904, relating to unsworn falsification to authorities. Date: June ? ,2005 ~ ;t)lJl) ~\t ........ f'-~v) lI)..z:O D ~ I li, ~ :tJ p:[ :eL 0:-'-L ~ - ~....Q :' 0 C'0) C'D .... g ~ "" ~ ~~ i. : ~~~eb) ti.-~, ~ ~~ b ~ N:b ::< '-< " -.'. I: , ANTHONY L. COONS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2939 CIVIL TERM EMMA D. COONS, CIVIL ACTION-U\W IN DIVORCE Defendant PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1915.13 TO THE PROTHONOTARY: Kindly withdraw the Petition for Special Relief PursUlant to PA.R.C.P. 1915.13 which was filed in the above-captioned matter on Friday, June 24, 2005. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: June 27,2005 Michael A. Scherer, Esquire I.D.61974 19 West South Street Carlisle, PA 17013 (717) 249-H873 Attorney for Plaintiff '41 , V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2939 CIVIL TERM ANTHONY L. COONS, JR., Plaintiff Defendant CIVIL ACTION-U\W IN DIVORCE EMMA D. COONS, CERTIFICATE OF SERVICE I hereby certify that on Monday, June 27,2005, I, Tina M. Ascani, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the foregoing Praecipe, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Emma D. Coons 39 North Spring Street Shippensburg, Pennsylvania 17257 c/liKA. JJr. t2t e~ Tina M. Ascani, Secretary r-> = {:;-~ <oF' (~ c.- -;:.:... N 'co ..,., -':;. --.~ o -n :r-n ..nr:: _nrr. "JC i~1(~) -;:~'l ~~1 .',.:-rfl. J~ ttl :~ t..~: 1'-' <.H I ANTHONY L. COONS, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-2939 CIVIL ACTION LAW EMMA D. COONS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 13,2005 , upon consideration of Ihe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, Aue;ust 08, 2005 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent 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 Hubert X. Gilroy, Esq. Custody Conciliator .IV 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 -~~'-)I. ~ ~4; 5c7.E:/-L, -h ~ ~ ~~ 50-['J'L ~FpP~~l11J 2IOL \t:j\jV'/\l/\SNN~id /J.N(!CF ::Jt!!I\in::> 62 :2 Hd S Ilnr SOOl AaVIOiiOH10tJd 3Hl :30 :D!:Ho-o::nL-J ANTHONY L. COONS, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ; CIVIL ACTION-LAW : IN DIVORCE EMMA D. COONS, Defendant ; NO. 2005-2939 CIVIL TERM WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Petitioner, Emma D. Coons, at the above captioned docket. Respectfully submitted by, (~~J Andrew Spears, Esq. Wolpoff & Abramson 4660 Trindle Road Camp Hill, PA 170Il Dated: PLEASE enter my appearance as attorney of record on behalf of the Petitioner, Emma D. Coons, the above captioned docket. FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 , A c, . " " , c-' ~; <oF' f-:-~ ~:~ ;/1 '. ',' ~~:\ ,"", ,-1 "{iT '<::: -['11 '.' r-.O -,c,,? (.1' ' -"-\\_.~_\ .'_.,-\" _' J. '~:~_~) ~~\ :I .::::., f:,": :1:':, (.;J :~ cD TI~~~o~~n 11 JUL 1 b 2005 U :=.; ANTHONY L. COONS, JR., Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE EMMA D. COONS, Defendant/Petitioner : NO. 2005 - 2939 CIVIL TERM PETITION TO JOIN PARTY Now comes the Petitioner, Emma D. Coons, by her attorneys, the Family Law Clinic, pursuant to 23 Pa.C.S. ~5351 and Pa.R.c.P. 1915.6, and petitions the Court to join Jason Cunningham as a party to the Custody Count ofthis divorce action in regards to Jaide A. Berkey only. Petitioner avers that: 1. On June 9, 2005, Plaintiff filed a Complaint for Divorce with a Custody Count, docket 2005-2939, seeking custody ofthe following children: Jaide A. Berkey, born March 8, 2002, and Drake T. Coons, born December 27, 2003. 2. On June 24, 2005, Plaintiff filed a Complaint Jor Custody, also under docket 2005-2939, seeking custody of Jaide A. Berkey and Drake T. Coons. 3. On June 24, 2004, Plaintiff filed a Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13 seeking primary physical custody of Jaide A. Berkey (hereinafter "Child") and Drake T. Coons. 4. On June 28, 2005, Plaintiff filed a Praecipe to Withdraw Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13. 5. A conciliation has been scheduled for Thursday, September 1,2005, at 9:30 a.m. on the 4th floor ofthe Cumberland County Courthouse, Carlisle, Pennsylvania. Petitioner will serve the letter scheduling a Pre-Hearing Custody Conference and said Petition upon Jason Cunningham of317 South Main Street, Apartment A, Chambersburg, Franklin County, Pennsylvania 17201. 6. Plaintiff has brought the Custody Count of the divorce action at issue, asserting in loco parentis status and acknowledging that he is not the father of the Child. 7. Richard D. Berkey, husband of Petitioner at the time of birth of the Child, is listed as the father on the birth certificate of the Child. 8. Subsequent to the birth of the Child, paternity tl~sting was administered, which ruled out Richard D. Berkey as the biological father of the Child. 9. Petitioner admits that Plaintiff has acted as the father since the Child was three months old. 10. Petitioner has never filed a complaint for support on behalf of the Child. II. Jason Cunningham admits to being the biologkal father of the Child and should be joined as parties to this action pursuant to 23 Pa.C.S.A. 95351 and Pa.R.C.P. 1915.6, with regards to Jaide A. Berkey only. 12. Petitioner is sending to Jason Cunningham a copy of all prior pleadings related to custody in this case, docket No. 2005-2939, pursuant to Pa.R.C.P. 1915.6, which include: Divorce Complaint with Custody Count, filed June 9, 2005 Complaint for Custody, filed June 24, 2005 Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13, filed June 24, 2005 Praecipe to Withdraw Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13, filed June 28, 2005 Certificate of Service of foregoing Praecipe, filed June 28, 2005 Order of Court, filed July 13,2005 13. Pursuant to C.C.R.P. 208.2(d), the concurrence of Michael A. Scherer, Esquire, attorney for Plaintiff/Respondent, Anthony L. Coons, Jr., was sought and obtained. WHEREFORE, Petitioner requests that the Court enter an Order joining Jason Cunningham as a party to the Custody Count in the divorce action, limited to custody concerning Jaide A. Berkey, instructing Jason Cunningham to appear at the Pre-Hearing Custody Conference or, in the alternative, issue a Rule to Show Cause instructing Jason Cunningham to give reason why he should not be joined as a party to the Custody Count of the divorce action. ~,r: Date:~ [~ ~:t2 horn . Place Robe E. Rains Lucy Johnston-Walsh Anne MacDonald-Fox Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities. Date: tf. 't~05 ~!4'--L &~"Y'~5::- Emma D. Coons, DefendantlPetitioner ~~ ~ #'" o c ~, f;; .~J' :::'I'" c- G") - .p ..." -11'." ~- Q, -' :I.-n Cl1F::, ~n~_~ ~ ,'\ ,-~: (::1;~') ;~ ~.~ l.;() ,,+.')\"n (::A -'.>" <~ ::< c-"'\ r'" aJ - ANTHONY L. COONS, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2939 CIVIL ACTION LAW EMMA D. COONS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 24, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 01, 2005 , the conciliator, 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 ifthis 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 pennanent order. The court hereby directs the parties to furnisb any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to seheduled hearing. FOR THE COURT, By: Isl Hubert X. Gilroy, Esq. Custody Conciliator y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For in!onnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A 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) 249-3 166 -~~-#~~~ ~"-Pp~p,~;:: -7J~~ ..5,;1- .5(".$ fi- /<;('-}. 5(/- se'-J.,. t I :1] !,,!d SZ 50V SOOl ., , ~," 1"1' i "") I I :JHl :l'0 AtI\ilOi\u(......t...t<::1c.! ~ 381:l:l0--G3ll:l k, -a ANTHONY L. COONS, JR., Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE EMMA D. COONS, Defendant/Petitioner : NO. 2005 - 2939 CIVIL TERM AND NOW, this ORDER ~ t. ~ay Of~, 20rjf upon consideration of the foregoing petition, it is hereby ordered that ~ is issued upon Jason Cunningham to show cause why Petitioner is not entitled to the relief requested of joining Jason Cunningham as a party to the Custody Count of the . Divorce Complaint in regards to Jaide A. Berkey only. ~ ~ Jo ~r ~. n Jason Cunnlngnam sh((l1 flIt: <111 '"13V\'....~ tv ti~ ~l.)tit:Lh ;,*tt.iv (h}'~ of th,Q date; \. [1 A Ih.,u.Li1l5 8ft tHe Alle aRaB 1;}8 99RfdWWl _ __ ~ 1 ~~.-- vf tt.... CUJ.ub.....Ltand Cb-u1...r C6t1.flft8\UJi, I ~rll"'l~ I r.II".:Jll._....:_, _1Il ~l T ..,~ynT ,2005, a' 111--: [ ] Notice of the entry ofthis order shall be provided to all parties by the petitioner. J. I r \ leI"'" (lopy ~' v<f\ ro ."1"" r <~t '!l, 'r"~~ lVt'~/7< 1', )., 9-(<;' ~. I. (~,T:t'/. .J\J..\ 'l" l'~, :._:~.'\U"""" ~"d k; 28 :2 (..!d 9(; 5f1V SOOZ I U"i! r"Y):.J I ('(~:.' :JIll ~U~ AU\_..J\ ,\... ,t.'..v....G ..J 1 ::t 381~J:3o-Q311:j .. "~ ;, RC"r''7l\.'::n ""'0 ('. R " I ....I,..t,. '-~ ..,c'l v Q ,-aos 1'(1. ANTHONY L. COONS, JR., Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 05-2939 CIVIL ACTION - LAW EMMA D. COONS, Defendant IN CUSTODY ORDER OF COURT AND NOW this (,1N\ day of September, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: /' 1. A hearing is scheduled in Courtroom No. ~ of the Cumberland County .;:r Courthouse on the 17Wo day of D ~ ,2005 at which time B'-'~OAA. testimony will be taken in the ahoye case. At this hearing, the Father Anthony L. Coons, Jr. shall be the moving party and proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of the parties and a summary of anticipated testimony of each party. This Memorandum shall be filed at least fiye days prior to the mentioned hearing date. 2. In the event Jason Cunningham desires to be a party at that hearing and assert any rights with respect to Jaide A. Berkey, Mr. Cunningham shall file with this Court, either himself or through his legal counsel, an appropriate entry of an appearance and shall also file a Memorandum prior to the hearing consistent with the directive above. 3. Pending further Order of this Court, the following temporary custody order is entered: A. The Father, Anthony L. Coons, Jr., and the Mother, Emma D. Coons, shall enjoy shared legal custody of Drake T. Coons, born December 27, 2003. Physical custody shall be handled on a week on/week off alternating basis with the parties to exchange custody every Sunday evening at 5:00 p.m. unless agreed otherwise between the parties. Based upon the fact that Mother B. For purposes of starting visitation, Mother shall have custody of the two minor children commencing September 1, with Mother delivering the children back to the Father on Sunday, September 11th at 5:00 p.m. The alternating weekends shall start at that time. C. Anthony L. Coons, Jr. shall have periods of visitation with Jaide A. Berkey, born March 8, 2002, to be alternating weekends from Friday at 9:00 a.m. until Sunday at 5:00 p.m. Father's weekend with Jaide shall be the weekend that he does not have custody of Drake, such that Father will pick up Jaide that Friday morning and Jaide will be returned to the Mother that Sunday evening when Mother is deliyering Drake to Father Anthony L. Coons, Jr. / / Judge Cc: ~chael A. Scherer, Esquire d ;J~ffrey Stovall, Student Attorney jMr. Jason Cunningham i ~ ~.. I ,.'\_L .' t "7 , . ,.~ w 8- S1YJZ .:") ;j --- ~ ANTHONY L. COONS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 05-2939 CIVIL ACTION - LAW EMMA D. COONS, Defendant IN CUSTODY Prior Judge: Honomble Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Drake T. Coons, born December 27,2003 Jaide A. Berkey, born March 8,2002 2. A Conciliation Conference was held on September I, 2005, with the following individuals in attendance: The Mother, Emma D. Coons, with her student attorney, Jeffrey Stovall of the Dickinson School of Law Family Law Clinic The Father, Anthony L. Coons, Jr., with his counsel, Michael Scherer, Esquire Jason Cunningham, who appeared without legal counsel. Mr. Cunningham is not a party but suggests he is the natural father of Jaide A. Berkey. 3. This case is quite convoluted. Father is the natuml father of Dmke T. Coons, born December 27, 2003. Father had been living with the Mother and her other four children, which include Jaide A. Berkey, for three years. In June of this year, a dispute arose between the parties and the parties sepamted, at which time Father was left with custody of Jaide and Drake. The three older children were sent with their Father who lives in Clearfield County. The Father of the older three children was just seeing the children on yisitation. On a Petition for Special Relief, Judge Bayley recently ruled that those three children shall be returned to the Mother and the prior custody situation shall continue to exist with the Father of the older three children simply seeing them on periods of visitation. ,> 4. 5. Anthony Coons now seeks primary cnstody of Drake and is also seeking temporary custody of Jaide in a position of in loco parentis. Mother suggests she should have primary custody of Drake. The parties are unable to agree and a hearing is required. There are various other issues involved in this case. Mother has relocated to the Wilkes-Barre area and moved in with another man that she met somehow over the past few months. This man is not employed. Mother is not employed. She is a native of Great Britain, and is currently subject to immigration proceedings. Father suggests there is a possibility Mother may be deported. Father Anthony L. Coons works at Letterkenny and has maintained that employment for two and a half years. He suggests that he should be the primary custodian of Drake and that Mother is unable to provide as good a home. 6. Based upon the above, the Conciliator recommends a hearing be scheduled and also that the Court enter an Order setting a temporary custody arrangement as set forth in the proposed Order. Date: qL-/-()) Hubert X. roy, Esquire Custody onciliator ANTHONY L. COONS,]R. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO.: 05-2939 EMMA D. COONS Defendant : CIVIL ACTION -LAW : IN CUSTODY ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for Jason Cunningham, in the above-captioned matter. Respectfully submitted, MOM & KUTULAKlS, LLP Kara W. Haggerty, E q 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 ID No. 86914 DATE 0(1/2) /O_~ CERTIFICATE OF SERVICE AND NOW, this 2J sJ day of September, 2005, I, Kara W. Haggerty, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Entry of Appearance upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First -Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 Respectfully submitted, ADOM & KUTULAKIS, L.L.P DATE oq hi {Dh r Kara W. Haggerty, Esq 36 South Hanover Sttee Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant ID #86914 o f; -r) \--~~:: ~?I?~' U.1)- --< ~c ):.:~(" Z p;'~-: ~ ,..., = = en </) r'1 " N o '11 ~ rn:D r -om =uG ~l~ ~5~ ~:;;.')m ~~. :';" .:0 .< ""'" ::r;: <:? -' II ,IJ! I' ANTHONY L. COONS, JR.. Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2939 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY V EMMA D. COONS. MOTION FOR CONTINUANCE AND CONSOLIDATION OF CASES AND NOW, comes Anthony L. Coons, Jr., by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Anthony L. Coons, Jr. is the father in this custody action and is represented by Michael A. Scherer, Esquire. 2. Emma D. Coons is the mother in this custody action. She is represented by Jeffrey Stovall, Student Intern, Dickinson School of Law Family Law Clinic. 3. The children at issue in this case are: Drake T. Coons, born December 27,2003 Jaide A. Berkey, born March 8, 2002 4. Mother is also a party in separate custody actions docketed to 2002-5286 and 2004-1114. 5. The father in the custody actions docketed to ~~002-5286 and 2004-1114 is Richard Duane Berkey, Jr., and the children at issue in that case are: Taylor A. Berkey, born June 25, 1997 Nathan W Berkey, born May 3, 1999 Kiera L. Berkey, born April 25, 2001 6. The Honorable Edgar B. Bayley is the judge assigned to the custody actions docketed to 2002-5286 and 2004-1114. 7. Michael A. Scherer, Esquire, also represents Richard Berkey, Jr., the father in the custody actions docketed to 2002-5286 and 2004-1114. 8. Jeffrey Stovall also represents mother in the custody actions docketed to 2002-5286 and 2004-1114. II 9. As a result of an emergency petition, Judge Bayley had a hearing in the custody actions docketed to 2002-5286 and 2004-1114 and entered an Order on July 29, 2005 in those cases. 10. The cases docketed to 2002-5286 and 2004-.1114 were referred to conciliation and the Honorable Edgar B. Bayley has set a second hearing in those cases for November 30, 2005 to hear the merits of the case. 11. The above-captioned matter was referred to a conciliation on September 1, 2005 and a Temporary Order was issued and it was agreed at the conciliation that the above-captioned matter would also be referred to Judge Bayley because he has had prior involvement in a related case. 12. Your Honorable Court received this case and scheduled a hearing in this matter for October 17, 2005 at 8:30 a.m. 13. Mother is having surgery on or about the 17th of October and, therefore, was going to ask for a continuance of this case. 14. Mother is a citizen of the United Kingdom and she is presently the subject of deportation proceedings and has a hearing scheduled for October 20, 2005 before the Immigration and Naturalization Service in Philadelphia. 15. The results of Mother's Immigration and Naturalization hearing will be important for the decision in this case, and counsel for Mother and counsel for Father feel that the custody hearing should be held after the Immigration and Naturalization hearing. 16. On September 27, 2005, undersigned counsel spoke with Jeffrey Stovall of the Family Law Clinic and both parties agreed that since Judge Bayley has already taken testimony from Mother and other witnesses in the related custody cases, and for purposes of judicial economy and to avoid potentially inconsistent rulings, both counsel have agreed that they would like the above-captioned case tCi be heard by the same judge who is ruling on the matters docketed to 2002-5286 and 2004-1114. 17. Since Judge Bayley has already convened proceedings in the other cases and is familiar with those cases and made a ruling in those cases, undersigned counsel believes it would be most efficient for the above-captioned case to be transferred to him. WHEREFORE, undersigned counsel, and Jeffrey Stovall, Legal Intern, who represents Mother, join in the request for a continuance of the hearing in this matter set for October 17, 2005 and a transfer of this case to Judge Bayley. Respectfully submitted, O'BRIEN, BARIC & SCHERER tl6f freer, Esquire 1.0.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/coons/continuanceandconsolidation.mot II ~.' - CERTIFICATE OF SERVICE I hereby certify that on October 3, 2005, I, Michael A. Scherer, Esquire, did serve a copy of the Motion For Continuance and Consolidation Of Cases, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jeffrey Stovall, Law Student Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 1701:3 N1/'~ Michael A. Scherer ~, ,,"-;l ~}. c? C? I :;.- C) --n ~-n rl1f':': -.:-}8 ")CC) '-'1' :::::,.,. ""-1 'i.);~'~ :.l\ Jr-:') ::< -'., ~: c,:> N T II ANTHONY L COONS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RECEIVED OCT 06 Z005 f! Defendant NO. 2005-2939 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY V. EMMA D. COONS, ORDER OF COURT ~ AND NOW, this 7 day of October, 2005, the hearing set in this matter for October 17, 2005 is continued generally and this case is transferred to the Honorable Edgar B. Bayley for a hearing on the merits. Edward E. Guido, J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 IO-(6-(fJ ~ JUs' Jeffrey Stovall, Student Intern Family Law Clinic 45 North Pit Street Carlisle, Pennsylvania 17013 .. f'\(' .,' \.1 \ l)v 'V ',',0 L- ).10 SiJlll ^~N.\"C>.D'i'\'" C>::,';ij 3\-\1 jO -:\:)'A.::K)-.O:n1j -'"--..,. V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2939 CIVIL TERM ANTHONY L. COONS, JR., Plaintiff Defendant CIVIL ACTION-LAW IN CUSTODY EMMA D. COONS, ORDER OF COURT AND NOW, this~ day of October, 2005, pursuant to the Order of Court signed in this matter by the Honorable Edward E. Guido dated October 7,2005, a hearing is set in this matter for Friday, December 2,2005 at 8:45 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURt, ~/ .. . . / /' \l ,/,- Edgar ~y, J. ~hael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 ~ ~ffrey Stovall, Student Intern ~~mily Law Clinic 45 North Pit Street Carlisle, Pennsylvania 17013 i-:::) c._~; (.-.-; C''' . ~ f=: t~_ ~ \,-, ANTHONY L. COONS, JR., Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE EMMA D. COONS, Defendant/Petitioner NO. 2005 - 2939 CIVIL TERM v. JASON CUNNINGHAM, DefendantlPetitioner MOTION FOR CONTINUANCE Defendant, Emma Coons, by and through her attorneys, the Family Law Clinic, represents the following: I. A custody hearing in this matter is scheduled before the Honorable Edgar Bayley for December 2,2005. 2. Defendant, Emma Coons, is represented by the Family Law Clinic ofthe Dickinson School of Law. Plaintiff, Anthony L. Coons, Jr., is represented by Michael A. Scherer, Esquire. Defendant, Jason Cunningham, is represented by Kara W. Haggerty, Esquire. The parties are in the process of developing an agreement as to the custody of Drake T. Coons, born December 27,2003, and Jaide A. Berkey, born March 8, 2002, and ask the Court to continue the date ofthe hearing. 3. Pursuant to Cumberland County Rule of Court 208.2(d), defendant's counsel sought concurrence from opposing counsel. Counsel for Anthony L. Coons, Jr., does concur in this motion for continuance. Counsel for Jason Cunningham, also concurs in this motion for continuance. WHEREFORE, Defendant respectfully requests a continuance in the hearing date for the above-captioned manner. Respectfully Submitted, Date: November 22, 2005 --c'7f~c .' '~"LJtf(~ . THO . PLACE ROBE E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 C. t~~ ~-"') :>, (.-) ;:(l .~~ fn "< r<' \".) _. :~ r,;, c0 , 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 04-1114 CIVIL TERM --------------------------------------------------------------------------------------------------- ANTHONY L. COONS, JR., PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. EMMA D. COONS, DEFENDANT/PETITIONER V. JASON CUNNINGHAM, DEFENDANT/PETITIONER 05-2939 CIVIL TERM / ORDER OF COURT /},yldv AND NOW, this 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 t By the Court; vJeffrey G. Stovall, Certified Legallntem Lucy Johnston-Walsh, Esquire For Emma Pearson Berkey vfi/li;hael A. Scherer, Esquire For Richard Duane Berkey, Jr. and Anthony L. Coons, Jr. /' ~arol Lindsay, Esquire For Richard D. Berkey, Sr. and Linda K. Berkey ~-ara Haggerty, Esquire For Jason Cunningham O~ ~~ (" rf \\'7-q- :sal ~ " , ,I ANTHONY L. COONS, JR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2939 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY v. EMMA D. COONS, Defendant PETITION TO MODIFY CUSTODY AND NOW, comes Anthony L. Coons, Jr., by and through his attorney, Michael A. Scherer, Esquire, as respectfully represents as follows: 1. Anthony L. Coons, Jr. (hereinafter referred to as "Father") is an adult individual who is represented by Michael A. Scherer, Esquire. 2. Emma D. Coons (hereinafter referred to as "Mother") is an adult individual who is represented by Jeffrey Stovall, Certified Legal Intern, Family Law Clinic for the Dickinson School of Law. 3. The parties are the natural parents of Drake T Coons, born December 27,2003. !I I i! II , 4. The parties have a shared custody arrangement regarding Drake 5. The last Court Order entered in this matter was dated September 6, 2005 and is attached hereto as "Exhibit A". 6. The parties intended to appear at a custody hearing before Judge Bayley in December, 2005; however, that hearing was continued because the parties had intended to reach a written agreement regarding this case. No written agreement was subsequently reached. 7. At the time of the custody conciliation, Mother was residing with David Lex in a townhouse in Plymouth, Pennsylvania. 8. Recently, Father learned that Mother was forced to leave her prior residence and is now staying in the "Catherine McAuley Center", which is a homeless shefter in Plymouth, Pennsylvania. 'I 9. Mother continues to be an illegal alien and, as such, is unemployable 10. Mother, in fact, has no gainful employment. 11. Mother made a request for spousal support against Father in the Court of Common Pleas of Cumberland County, which request was denied by Support Master Rundle. 12. Mother's only income is $630.00 per month in supplemental social security that she receives for her child, Nathan, and $150.00 per month in child support that she receives for her child, Nathan. 13. Mother did not tell Father of her relocation, but Father found out about it through a third party. 14. Father is concerned that a homeless shelter is not an appropriate place for his child and seeks primary physical custody of the child pending further Order of Court. II 15. Mother has a removal hearing relative to deportation proceedings scheduled on August 24, 2006 to determine whether she will be permitted to remain in this country as an illegal alien. WHEREFORE, Father respectfully requests that he be granted primary physical custody of the children and that Mother be awarded such custody as is consistent with I I I I I, ,I II II 'I I I her circumstances. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~k~rer, Esquire 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/coons/modifycustody.pet i'l ANTHONY L. COONS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2939 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY V. EMMA D. COONS, Defendant VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA ~ 4904, relating to unsworn falsification to authorities. ~ /1 1\'. I /,~." ill .A..../ I L~~~-- Anth:tYL. Coons,J~ Date: April :J 1/ ,2005 f<~LI:.:\ t~ ~~p So :005 (A(\ ANTHONY L. COONS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v NO. 05-2939 CIVIL ACTION - LAW EMMA D. COONS, Defendant IN CUSTODY ORDER OF COURT AND NOW this (, ~ day of September, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: /' 1. A hearing is scheduled in Courtroom No. ~. of the Cumberland County Courthouse on the , 7 w.. day of D ~ , 2005 at which time testimony will be taken in the above case. At this hearing, the Father Anthony L. Coons, Jr. shall be the moving party and proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of the parties and a summary of anticipated testimony of each party. This Memorandum shall be filed at least five days prior to the mentioned hearing date. .;r g:'3 0A.i 2. In the event Jason Cunningham desires to be a party at that hearing and assert any rights with respect to Jaide A. Berkey, Mr. Cnnningham shall file with this Court, either himself or through his legal counsel, an appropriate entry of an appearance and shall also file a Memorandum prior to the hearing consistent with the directive above. 3. Pending further Order of this Court, the following temporary custody order is entered: A. The Father, Anthony L. Coons, Jr., and the Mother, Emma D. Coons, shall enjoy shared legal custody of Drake T. Coons, born December 27, 2003. Physical custody shall be handled on a week on/week off alternating basis with the parties to exchange custody every Sunday evening at 5:00 p.m. unless agreed otherwise between the parties. Based upon the fact that Mother "EXHIBIT A" B. For purposes of starting visitation, Mother shall have custody of the two minor children commencing September 1, with Mother delivering the children back to the Father on Sunday, September 11th at 5:00 p.m. The alternating weekends shall start at that time. C. Anthony L. Coons, Jr. shall haye periods of visitation with Jaide A. Berkey, born March 8, 2002, to be alternating weekends from Friday at 9:00 a.m. until Sunday at 5:00 p.m. Father's weekend with Jaide shall be the weekend that he does not have custody of Drake, such that Father will pick up Jaide that Friday morning and Jaide will be returned to the Mother that Sunday evening when Mother is delivering Drake to Father Anthony L. Coons, Jr. I!Y'f,'~::2 ;{~. L/ Judge . ~'.~~.,;:.f :>C~:! r ~. _ ,. .,1<' . f. In .~~. '.j, .l<'~: ',' '.,' ," .) Cc: Michael A. Scherer, Esquire Jeffrey Stovall, Student Attorney Mr. Jason Cunningham " -~ 'q;',: ~."': ANTHONY L. COONS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 05-2939 CIVIL ACTION - LAW EMMA D. COONS, Defendant IN CUSTODY Prior Judge: Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Drake T. Coons, born December 27,2003 Jaide A. Berkey, born March 8,2002 2. A Conciliation Conference was held on September 1, 200S, with the following individuals in attendance: The Mother, Emma D. Coons, with her student attorney, Jeffrey Stovall of the Dickinson School of Law Family Law Clinic The Father, Anthony L. Coons, Jr., with his counsel, Michael Scherer, Esquire Jason Cunningham, who appeared without legal counsel. Mr. Cunningham is not a party but suggests he is the natural father of Jaide A. Berkey. 3. This case is quite convoluted. Father is the natural father of Drake T. Coons, born December 27, 2003. Father had been living with the Mother and her other four children, which include Jaide A. Berkey, for three years. In June of this year, a dispute arose "between the parties and the parties separated, at which time Father was left with custody of Jaide and Drake. The three older children were sent with their Father who lives in Clearfield County. The Father of the older three children was just seeing the children on visitation. On a Petition for Special Relief, Judge Bayley recently ruled that those three children shall be returned to the Mother and the prior custody situation shall continue to exist with the Father of the older three children simply seeing them on periods of visitation. 4. 5. 6. Date: Anthony Coons now seeks primary custody of Drake and is also seeking temporary custody of Jaide in a position of in loco parentis. Mother suggests she should have primary custody of Drake. The parties are unable to agree and a hearing is required. There are various other issues involved in this case. Mother has relocated to the Wilkes-Barre area and moved in with another man that she met somehow over the past few months. This man is not employed. Mother is not employed. She is a native of Great Britain, and is currently subject to immigration proceedings. Father suggests there is a possibility Mother may be deported. Father Anthony L. Coons works at Letterkenny and has maintained that employment for two and a half years. He suggests that he should be the primary custodian of Drake and that Mother is unable to provide as good a home. Based upon the aboye, the Conciliator recommends a hearing be scheduled and also that the Court enter an Order setting a temporary custody arrangement as set forth in the proposed Order. ((<-I-()J Hubert X. roy, Esquire Custody onciliator 'I CERTIFICATE OF SERVICE I hereby certify that on May 3,2006, I, Jennifer S. Lindsay, secretary to Michael A Scherer, Esquire, did serve a copy of the Petition To Modify Custody, by first class US. mail, postage prepaid, to the party listed below, as follows: Jeffrey Stovall Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 , I 'I II II II )' II Ii I' 0 ~'" f,~ <:::::::< C) ':',;:".:Y i.,;:""" 'Tl ~ \,'t ;::;;: ..... ~ ~ (")"1 :l:,~'" ~-n -< ,'1;::..,::: ) ~ .J ii- I fT' ~. ....-. ~ -;'~l "- ~ ~ ~. '..,' -:... J r'" "- ~ , C~ ., ..,','. ~ ":!:: "- :::;! * '\.: ';\; "'" C) """ ~ ).J \~ ANTHONY L. COONS, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 05-2939 CIVIL ACTION LAW EMMA D. COONS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 09, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 02, 2006 , the conciliator, at 10:30 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 hearine:. FOR THE COURT. By: Isl Hubert X Gilro Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Oisabilites 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 HA VE 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 ~ ~~16 ~~~ I)O'~/->' & & ~ ~ ~/L, ~(}-(J/-.> ~~~ ~~ -~ ?t7-cJ/-F VIN\JA1ASNN3d ,UNno::J nr.!\{1~'l:::0(Mno . ..'. '. ..Ji' V I , 0 :Z Wd 0' A VW 90az AWIONOHlOCld 3Hl :10 3OI:HO-031l:1 II V. EMMA D. COONS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2939 CIVIL TERM ANTHONY L. COONS, JR., Plaintiff Defendant CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on Monday, June 19, 2006, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the foregoing Stipulation to Withdraw Petition to Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jill Hammill, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 ~j ft-. Michael A. Scherer, Esquire n r; '.,., U: "'-> '-';:::; ".;;, <:::,.., CJ -" f'\, Gl II ANTHONY L. COONS, JR.. Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2939 CIVIL TERM EMMA D. COONS, Defendant CIVIL ACTION-LAW IN DIVORCE STIPULATION TO WITHDRAW PETITION TO MODIFY CUSTODY Undersigned counsel hereby agree to withdraw the Petition to Modify Custody filed by Anthony L. Coons, Jr. in this matter on or about May 4, 2006. Respectfully submitted, O'BRIEN. BARIC & SCHERER Date: June to ,2006 ~It~ Michael A Scherer, Esquire 1.0.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff (Jill Hammill, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Attorney for Defendant Date: June 1.,;\, 2006 ~~ '.:',:< ,.~.... C) --/1 f'., C/\ (..1-::: (.n RECEIVED JUN 282001 V ANTHONY L. COONS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-2939 CIVIL ACTION - LAW EMMA D. COONS, Defendant IN CUSTODY ORDER fI AND NOW, this ;). '/ day of June, 2006, the Conciliator being advised that the parties have reached an agreement, Conciliator relinquishes jurisdiction. aJ .- /J..i f:: . I" 1101 h). '.:; 1 Z: i ;'Hi . ."'",", 'I.",;. k.J enOl Jut ItflIt1