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HomeMy WebLinkAbout05-4296 NAKITA S. GREEN, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW AMY K. COOVER and CHARLES E. COOVER, husband and wife, Defendants . : 2005 - f).. '1& CIVIL TERM : IN CUSTODY COMPLAINT IN CUSTODY AND NOW, comes the Plaintiff, Nakita S, Green, by and through her attorneys, Irwin & McKnight, and files this Complaint in Custody against the Defendants, Amy K. Coover and Charles E, Coover, representing as follows: 1. The Plaintiff is Nakita Green, an adult individual residing at 130 Leferts Place. Brooklyn, New York 11238 (hereinafter "Aunt"), 2, The Defendants are Amy K. Coover and Charles E, Coover, adult individuals residing at 117 Railroad Lane, Shippensburg, Cumberland County, Pennsylvania, 17257, 3, Plaintiff is the maternal aunt of the minor child, Anthony Saleem Young. Jr.. born August 23, 2004, 4, At the time of the minor child's birth, his natural mother, Shalita Green a1k/a Belinda Green, was incarcerated at Riverside Correctional Institution in Philadelphia, Pennsylvania, 5, The natural mother, working with a Prison Ministry Program operated by the Archdiocese of Philadelphia, signed a Temporary Custody form allowing the Defendants to care for the minor child on a temporary basis, specifically reserving in the document her right to withdraw said arrangement at her desire or upon release, 6, As a result, the minor child has resided with Defendants in Cumberland County since shortly after his birth in August 2004, 7, On more than one occasion, Defendants have since attempted to have the natural mother sign additional documents granting them greater legal rights with regard to the minor child, A true and correct copy of one such document presented by Defendants to the natural mother is attached hereto and incorporated herein as Exhibit "A." 8, Because of the actions of the Defendants and subsequent willingness of Aunt to assume the responsibility of raising her nephew, natural mother elected to withdraw her consent to the temporary custody of her son by Defendants, 9, On March 9, 2005, the natural mother executed a new Temporary Custody document in favor of Aunt. A true and correct copy of said Temporary Custody form is attached hereto and incorporated herein as Exhibit "B," 10, The Temporary Custody form attached as Exhibit "B" is substantially the same as the prior document signed by natural mother in favor of Defendants, II. Upon information and belief, the natural mother also withdrew custody from the Defendants due to the fact that Defendants did not keep in regular contact with her and keep her advised of the minor child's progress through correspondence or photographs. 12, Natural mother, legal counsel for Aunt. and representatives of the Prison Ministry Program have contacted Defendants on numerous occasions, informing them of the new signed document, and attempting to obtain the return of the minor child, 13, Despite these attempts, Defendants have repeatedly refused to return the minor child or to cooperate with the wishes of his natural mother as they originally agreed, 14, Aunt previously adopted her paternal cousins: Cashmore Clark, born August 11, 1994, and currently age II, and Mercedes Clark, born January 30,1993, and currently age 12, 2 15, Natural mother and Aunt desire that Aunt care for the minor child and retain legal and physical custody in accordance with the document signed by natural mother and attached hereto as Exhibit "E." 16, The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's requests as set forth above, 17, Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state, 18, The address or location of the purported natural father of the minor child is not known, 19, Plaintiff does not know of any other 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, WHEREFORE, the Plaintiff, Nakita S, Green, respectfully requests that she be awarded legal and physical custody of her nephew, Anthony Saleem Young, Jr., as set forth in the Temporary Custody agreement signed by her sister and attached hereto, Respectfully submitted, IRWIN & McKNIGHT By: ~~~ glas . Miller, Esquire Supreme Court I. D, No, 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Dated: August 22, 2005 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action, I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief, I understand that false statements herein made are subject to the penalties of 18 Pa,C,S,A. Section 4904, relating to unsworn falsification to authorities, ~C~ NAKITA S. GREEN Date: B -:;)..0-05 ~COPY CONSENT OF BIRTH MOTHER The undersigned, Shalita Green a/k/a Belinda Green, who resides at Riverside Correctional Institution, Philadelphia, PA, hereby gives her consent to the proposed appointment by this Court of Amy K, Coover and Charlie E, Coover, husband and wife. of 117 Railroad Lane, Shippensburg, PA 17257, as guardians of the person of Anthony Young, a/k/al Baby Boy Green, a minor under the age of 14 years. born to me on August 23,2004, in Frankford Hospital, Philadelphia. PA, in accordance with 20 Pa, C So Section 5111 (a), until such time as either one of the birth parents of said minor apply to the Court and show that she. he. or they are ready, willing, and able to take care, custody, and control of said minor. Witness: $halita Green a/k/a Belinda Green Dated: TEMP(JIRARY CUSTODY 1,_~~l1TA G;<m: J,<A HL!NDA C;cE~ op f: 2-"'- R -------------..--------- ' '" 90 ,,10 Eel!]' 11\1(-" '\-1- --- -------------- -.),' 1"'-:1 ro . fl1 r'1' ,;c-" "fL: H' l) " ,,", .:;,.l ~ .....) 1"\, 1...._' PHILA.DSlPIIIA.PF:NNSY LVr,JJ[,i\, '!91 ,,~ "0'(' . ...~,o-t::::, I } Being of SGunj mind ar:d body do declare ti"e foilowlng' i a:n thG nalural mothor of thl' following cl1:id/c!"i1dren:- NAME,.__~~.9.:~~~~~~~r-~~__'_,_D,OB:._ OY1~UO~ ' ___ NAME' Il ,I 'I ; "I I "__,_,______- __-+_______"..O,B.. 1, I I I ,--r'---'-- rjAME:~_--N--- ~ C----D,o~__~[-~-J -I w NAME ---'~--------r __u,Q,B,____ _\J -__ ( NAME __, ___________ .~ _______[>-C) F>______,_ , During tile M-e of rn~1 confir,e.rl~nt !ny chlidici",iidren w:i1 be c:areej tOl' b:~: N,l.,ME: NAKtT~ GREeN ' A OJ ::iESS- DC-LEFFEl,TS-pi:AcT---'-- - -- -,--------, G,TY: B,~OOK_UN------'~ST,.UTt:' >>EW YDRK~--------- --------"--'-- ~ ._-------.,-~'--- ZIP (";(,)D:=' 11238' FrlO~~E: 713-622-1329 - '- - ~--:-._-,._"-'--'_.- ~--,,----,-"'--------:"'- J \,','ISH TO GIV" ~HC P-OCVE' NAOIW CH:lDI(~HIU>-IEN eA.Rl: PRCVIDER T!:MP:JRA."IY GU/,RDIP,NSHIPfCI.lsmDY WitH r;E3"ECTT(),A.~L ~\.~rTEflS PE"'TAINING Te Tel:; :~EDi(,"L, '1C:ALr"l, EDUCAT,ON, ANJ ALL LE:C~. MAn5,~,S AS WEL~ ',8 ANY M~T'Ei'iS R!2G.\AOiN3 PU8llC /\SSISTANCt: O!'l TfoF. W€U 6"II...C OF '(HE c.;, :n.tJ/':::HILDREN, THIS rE~I.PCi1AF1':' CUSTODY ORO=R ,3 1,ICi ':0 Be: CO'JSTfWE:7 AS I I:;r.'l$(i. TO t,SSUM= '(HIe " THE N'\TURAL ~/OT"EH. GIW I'",FMI~OiJ('JfI, TO CAUSED ACI:JN OF N(GUGE:NCE (:;R AB,\NDON\~EV'" OF' MY CHILOIGHilDr\l,N, THi'o "ORM '" FOP TH" TSPM OF MY:::OI'lFINEMENi AND ~0J1aJ2~:I~(tE;JTn'SKhdJ_~t::~E' f'ARE+,T ~ ,,$'\V0RN ~ "'{,BSCHIFlEO .\E~O~(,. ~ h - o..D -r\lS _~7 _ [JA Y r;)F _ _(..-1<1.:(.""- _, _,,,,0__, \....h . __ -LX . [jj'yjityy:'__ FUBL:C NFq fiY ( I IJ ,5m~T" 9F"",:r-lSYLV!\NlA -- ~e. HlMy,Nc1a1"l"Pub'iC Ol~~ ~,"cou.ly Cl~~~J>J.y"',= _ P....':{.,.I'Il. AIl3OCll110n or NI)\.,r,/U H"I'I'!J.r, .... .. ~,~'I. It\~WT.~'lItJ~ .,..',..\' "',' ""1...,,_ ",o$~~/.~".~-.~h. ".t''';~. If!...;,.,_"', 'f/ ,t, ',ll:>;;' ~ ;:'-."' ,> :~. "/lll"""."-:, ..,~ II. :1 "t'o " 'J' '~~'i;', !;J-1 g....!; ~-c... _~. ,u.. ~"" >:':.' . 1%~}~:,:: yl~~,~:l ....~Jj:J...t...i"~.. ," ,:""""'-'" .~."'I",,i>r:"fPl,..\\~,,\' E- O U ~ G) "" ~ <dO< C:"~ C~? ~,., 0 --- ~ ..... ~ -. , , c: :1:, -n \11- T" --- G'-} -nS ~ ~ "d N --::')C,' N L?,(:) ~ ~ ,"1 ?~~t~ -, -~ / ;-,;:<Cn f..:;l .~ ;;> ..-\ V) ..< ~D (,)1 ..< F" , NAKITA S. GREEN, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW AMY K. COOVER and CHARLES E. COOVER, husband and wife, Defendants : 2005 . ",I} f(, CIVIL TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Nakita S, Green, by and through her attorneys, Irwin & McKnight, and files this Petition for Special Relief against the Respondents, Amy K. Coover and Charles E. Coover, representing as follows: I. Petitioner is Nakita S, Green. an adult individual residing at 130 Lefferts Place, Brooklyn, New York 11238, 2, Respondents are Amy K. Coover and Charles E, Coover, adult individuals currently residing at 117 Railroad Lane, Shippensburg, Cumberland County, Pennsylvania 17257, 3, Petitioner is the maternal aunt of the minor child, Anthony Saleem Young, Jr., born August 23, 2004, 4, Petitioner's sister, Shalita Green a!kJa Belinda Green, is the natural mother of the minor child. 5, At the time of the minor child's birth, his natural mother was incarcerated at Riverside Correctional Institution in Philadelphia, Pennsylvania, 6, The natural mother, working with a Prison Ministry Program operated by the Archdiocese of Philadelphia, signed a Temporary Custody fornl allowing the Defendants to care for the minor child on a temporary basis, specifically reserving in the document her right to withdraw said arrangement at her desire or upon release, 7, As a result, the minor child has resided with Respondents in Cumberland County since shortly after his birth in August 2004, 8, On more than one occasion, Respondents have since attempted to have the natural mother sign additional documents granting them greater legal rights with regard to the minor child, A true and correct copy of one such document presented by Respondents to the natural mother is attached to the Complaint in Custody filed by Petitioner. 9, Because of the actions of the Respondents and subsequent willingness of Petitioner to assume the responsibility of raising her nephew, natural mother elected to withdraw her consent to the temporary custody of her son by Respondents, 10, On March 9, 2005, the natural mother executed a new Temporary Custody document in favor of Petitioner. A true and correct copy of said Temporary Custody form is attached as Exhibit "B" to the Complaint in Custody filed by Pf,titioner. 11. The Temporary Custody form attached as Exhibit "B" to the Complaint is substantially the same as the prior document signed by natural mother in favor of Respondents, 12, Upon information and belief, the natural mother also withdrew custody from the Respondents due to the fact that Respondents did not keep in regular contact with her and keep her advised of the minor child's progress through correspondence or photographs, 13, Natural mother, legal counsel for Petitioner, and representatives of the Prison Ministry Program have contacted Respondents on numerous occasions, informing them of the new signed document, and attempting to obtain the return of the minor child, 14, On or about May 31, 2005, legal counsel for Petitioner forwarded correspondence to Respondents advising them that they were to immediately arrange for the transfer of the minor child to his aunt in accordance with the wishes of his mother. 2 15, Despite these attempts, Respondents have repeatedly refused to return the minor child or to cooperate with the wishes of his natural mother as they originally agreed, 16, Petitioner previously adopted her paternal cousins: Cashmore Clark, born August II, 1994, and currently age II, and Mercedes Clark, born January 30, 1993, and currently age 12, 17, Petitioner currently resides in Brooklyn, New York, and would be greatly burdened to make multiple trips to Carlisle for the customary conciliations and hearings, 18, Furthermore, given the circumstances and re;lationship of the parties and the Respondents refusal to abide by the terms of their agreement with natural mother, it is highly unlikely that this matter could be resolved through conciliation, 19, Natural mother and Petitioner desire that Petitioner care for the minor child and retain legal and physical custody in accordance with the document signed by natural mother. WHEREFORE, Petitioner, Nakita S, Green, respectfully requests that she be awarded legal and physical custody of her nephew, Anthony Saleem Young, Jr., as set forth in the Temporary Custody agreement signed by her sister, and that a hearing before this Court be scheduled as soon as possible in this matter. Respectfully submitted, IRWIN & McKNIGHT By: u..,,~ /1~ ~ Miller, Esquire Supreme Court L D, No, 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Petitioner Dated: August 22, 2005 3 CERTIFICATE OF SERVICE I, Douglas G, Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by Certified Mail, Restricted Delivery, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: CAROLJ, LINDSAY, ESQUIRE SAIDIS SHUFF FLOWER & LINDSAY 26 WEST HIGH STREET CARLISLE, PA 17013 IRWIN & McKNIGHT By: Douglas iller,. Esquire Supreme Court J.D. No, 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Petitioner, Nakita S,Green Date: August 22, 2005 o (") ~ 9" c 'f}. ~:Q .. ? ~ c-:. (1'tD c'> D ~ ,-> -:t{jt:) f'::J "" '()(''t ~ ;t\'~, <I -0 ")-- ~ ~ -,!' \r. <K\ *- .YO '::) --'0 r..R _-A ~ ~.s c;;- \5 ).... -- ':.:. .>...1 .p ~ ~ ~ "\ V'\ -. -N - t\ . e,."''''''!'{' c, ,,' , v NAKITA S, GREEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : CIVIL ACTION - LAW AMY K, COOVER and CHARLES E, COOVER, Defendants : NO, 2005-4296 : IN CUSTODY CIVIL TERM ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes Respondents, Amy K, Coover and Charles E, Coover, by and through their counsel of record, Bradley 1. Griffie, Esquire, and the law firm of Griffie & Associates, and files the following Answer to the Petition for Special Relief: I, Admitted, While it is not specifically known to the Respondents as to the proper name and address of the Petitioner, it is presumed that the information provided is accurate, 2. Admitted, 3, Denied, Respondents are without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 3 and they are, therefore, denied, 4, Admitted in part, Denied in part, It is admitted that Petitioner claims that her sister is Shalita Green, a/k/a Belinda Green, It is admitted that Shalita Green, a/k/a Belinda Green, a/k/a Lisa Brown, a/k/a Lisa Banks, a/k/a Shalita Wilson, a/k/a Shalita Wilkens, a/k/a Rose Clark, a/k/a Shajlita Green (hereinafter "natural mother"), is the nature mother of Anthony Saleem Young, Ir" born August 23, 2004 (hereinafter the "child"), 5, Admitted, 6, Admitted in part, Denied in part, It is admitted that the nature mother, working with a prison ministry program operated by the Archdiocese of Philadelphia signed temporary custody of the chilld over to the Respondents, It is denied, as stated, that this was to allow the Defendants [Respondents] to care for the minor child on a temporary basis, but rather, provided physical custody and guardianship to the Respondents "until such time as either one of the birth parents of said minor may apply to the Court and show that she, he, or they are ready, willing and able to take care, l:ustody and control of said minor." It is further averred that Respondents would never have entered into these arrangements if natural mother had rese:rved the right to simply designate a new custodian for the child at her whim. 7, Denied as stated, It is denied that the minor child has simply resided with the Respondents in Cumberland County since shortly after his birth in August 2004, It is averred, rather, that the Respondents have had sole physical and legal custody of the child since August 25, 2004, aJ~d have provided solelv for all of his care. 8, Admitted in part. Denied in part, It is admitted that the Respondents have attempted to secure the consent of the natural mother to a permanent custodial arrangement with the child, It is further averred, however, that the Respondents have not been served with a true and attested copy of the Complaint for Custody in this matter, but have se:en a copy of a Complaint that was allegedly being filed in this matter to which they have filed Preliminary Objections prior to the filing of the within Answer. It is further averred that the photocopy of the Complaint seen by Respondents did not have an Exhibit, a copy of any documents allege(lly given from Respondents to the child's natural mother, It is further averred that the Petition for Special Relief in this matter was presumably provided to Carol J, Lindsay, Esquire, who is not now nor has she been counsel of record for the Respondents in this matter and, therefore, proper service of the Petition for Special Relief and Order of Court dated August 25, 2005, has not been made to the date of filing this Answer. It is further averred that Counslel for Respondents served Counsel for Petitioner with a copy of Preliminary Objections to the Petitioner's Complaint for Custody by correspondence of September 6, 2005 and Counsel for Respondent has still not been served with true and attested copies of any documents filed by Petitioner in this matter, 9. Denied, The Respondents are without sufficient knowledge or infonnation to fonn a belief as to the truth of the avennents set forth in paragraph 9 and they are, therefore, denied, with specific proof thereof b,eing demanded at trial, 10, Denied, Respondents are without sufficient knowlt:dge or information to fonn a belief as to the truth of the avennents set forth in paragraph 10 and they are, therefore, denied, It is further averred that Respondents have not been served with a true and attested copy of the Complaint fbr Custody and, therefore, Respondents do not know what exhibits have been or may have been attached to the original Complaint for Custody filed in this matter, 11. Denied, Respondents have not been served with a true and attested copy of the Complaint for Custody and, therefore, they do not know what exhibits may have been or are attached to that Complaint lmd, therefore, paragraph 11 is denied, It is further averred, however, that the document attached as Exhibit "B" to a photocopy of Petitioner's Complaint for custody is absolutely not "substantially the same" as the document executed by natural mother giving Respondents custody of the child, 12. Denied, It is denied that the natural mother has attempted to withdraw custody from the Respondents due to Respondents failure to keep regular contact with the natural mother, It is averred, ratner, that the natural mother has such an extensive list of incarcerations and am:sts that have made it nearly impossible to maintain contact with her because when she is on the street and not incarcerated, her whereabouts are unknown and she fails to maintain any contact whatsoever with Respondents, It is further averred that when natural mother is incarcerated, the Respondents will, on occasion, have contact through third parties or limited contact from the natural mother requesting that the Respondents bring the child to the prison for viisits, which they have done on everv occasion, It is further averred that when an address for natural mother has been available to Respondents, Respondents have corresponded with natural mother, updating her as to the child's status and providing pictures of the child, \3, Denied, It is denied that the natural mother or legal counsel for the Petitioner and representatives of the Prison Ministry Program have contacted Respondents on numerous occasions informing them of the new signed document and attempting to obtain the return of the minor child, It is admitted that one letter was sent on May 31, 2005, from legal counsel for Petitioner herein, advising Respondents of this situation and requesting that custody of the child be turned over to the Petitioner, Nakita S, Green, It is denied that this is in the best interests of the child, It is denied that the Petitioner has a standing to pursue custody of the child, It is averred, rather, that the Court must determine the best interest of 1he child before entering an Order determining who should have custody of the child and that even a natural parent cannot simply transfer custody to a different custodian each year as they may wish when it is not in the child's best interests. It is further averred that natural mother is not able to care for the child and, therefore, the Respondents' custody documents are still in effect. 14, Admitted, It is further averred, however, that from May 31,2005, to the filing of this action in late August 2005, or a period oftlirree months, there were no additional contacts or demands from Petitioner or Petitioner's counsel as regards to custody, 15, Denied as stated, It is denied that the Respondents have repeatedly refused to return the minor child or to cooperate with the wishes of the natural mother as they originally agreed, It is averred, rather, that the natural mother has exhibited a total inability to care for the child and, through her actions, has made it clear that she will never be in a position to be able to maintain any type of responsibility for the child, It is further averred that Respondents have filed a Petition for Involuntary Termination of Parental Rights and for Adoption, as well as a Notice of Intention to Adopt the child at issue herein. It is further averred that Respondents have filed Preliminary Objections to the Complaint for Custody filed by Nakita S, Green as she lacks standing to pursue this matter, 16, Denied, Respondents are without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 16 and they are, therefore, denied, It is further averred that this alleged fact is irrelevant to these proceedings, 17, Denied, It is denied that Petitioner would be burdened in pursuing appropriate, customary, and required custody conciliations and hearings to pursue the custody of the child at issue herein, It is further averred that the attempts of the Petitioner to secure an ex parte Order in a situation where the Respondents have maintained sole physical and legal custody of the child for more than a year is an effort on the part of the Petitioner to avoid a fair hearing where the Court will determine the best interest of the child, and is an effort to avoid the Court addressing the fact that Petitioner does not have standing to pursue this matter, It is further aveIT4~d that Petitioner made no attempts to advise Respondents of their intention to secure an ex parte Order in this matter, in an effort to avoid having the Court hear the facts of this case and to mislead the Court, 18, Admitted in part, Denied in part, It is admitted that it is unlikely that a resolution of this matter will be reached at a condliation conference, It is averred, however, that the Petitioner is without stcmding to pursue custody of the child and, as such, the Preliminary Obj ections filed in this matter by Respondents will be upheld by the Court, It is further averred that the Respondents alone have provided sole care and custody for the child since his birth and that it would not be in the child's best interest to place the child with another party, particularly a party who does not have standing to pursue custody in this matter, It is further averred that the Respondents believe the natural mother's parental rights will be terminated and they will be adopting the child at issue in this case, It is further averred that only Respondents have stood in loco parentis for in excess of one year for this child and only they have standing to pursue custody of the child as a third party. 19, Denied as stated, It is unknown as to what the natural mother's desires are in this case as she placed the child in the custody of the Respondents more than a year ago and has led a life of crime being incarcerated on numerous occasions and having felony charges pending against her at this time, It is further averred that the natural mother's mental situation, her drug and alcohol involvement, and other matters make it impossible for natural mother to make an appropriate decision relative to the needs of the child, It is further averred that the Petitioner lacks standing to pursue custody of the child, WHEREFORE, Petitioner requests your Honorable Court to vacate the Order of August 25, 2005, providing Petitioner with legal and physical custody of the child, that the Court vacate the Order scheduling a hearing for December 9, 2005, at 1:30 p,m, in Courtroom No, 4 of the Cumberland County Courthouse, and that the Court maintain the status quo of custody of the child in Respondents awaiting fUrther action in this matter pending the resolution of the Preliminary Objections filed by Respondents in this case, Respectfully submitted, CJ /;.,2., / rJ .s- Date . ~ An" r Respondents GRIFFIE & ASSOCIA rES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: q / <1 i d.c05 ~ Ca-e~lQA/ Amy K. Co er, Defendant DATE: 9/9/2005 I ( ~5~~ Charles E. Coover, Defendant - NAKlTA S. GREEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LA W AMY K. COOVER and CHARLES E. COOVER, Defendants : NO. 2005-4296 : IN CUSTODY CIVIL TERM CERTIFICATE OF SERVICE IJ1r I, Bradley L. Griffie, Esquire, hereby certify that I did, the ~ day of September, 2005, cause a copy of Respondents' Answer to Petition for Special Relief to be served upon Petitioner's attorney by first-class mail, postage prepaid at the following addresses: Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, P A 17013 DATE:~/rlo <) G/' ~ A< "Y 10 ~pond"", RIFFlE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 T., ;') r-.' ,.........., ~ --~ :-r "',.1 i~"':l (,.'1 ( - ~ , c~; - NAKITA S. GREEN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 05-4296 CIVIL ACTION LAW AMY K. COOVER AND CHARLES E. COOVER, HUSBAND AND WIFE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 30, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Ja<:queline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 27, 2005 at 10:30 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 live 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 existin'g Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl facqueh'ne M. Vemev. Esq. W Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Strect Carlisle, Pennsylvania 17013 Telephone (717) 249-3 166 -~ ~ ~~~~,7 5'c?-IE:~ ~b ? ~ ~t'<5'(/'lr~ w-W P~~-~'-P? Sc?/r~ ,:;'/',!(.1~) 90 :2 !'!d 18 ~n~ SOOl Atl\;lC),iCi il~}:~d 3Hl .:JO 3:J1:J:!(}-(]:'nl:J ~\ RECEIVED AUG 2 3 ZGD5~ NAKITA S. GREEN, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW AMY K. COOVER and CHARLES E. COOVER. husband and wife, Defendants . ; 2005 - 4/)1(, CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this :::<'5~day of OLAtfLJ-x., 2005, upon consideration of the within Petition for Special Relief, it is hereby ordered and directed that the Petitioner shall have legal and physical custody of the minor child as set forth in the Temporary Custody document signed by natural mother until further Order of this Court. A hearing is scheduled for Q".//JJ1iu./t/ 9 ,;J,OC5-, at /; 3() o'clock -;2' m., in Courtroom # +, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. BYTH'COUR~ ;1~ J. RLED-OrT1CE OF "'H~DPJ'" 'nhiO-ARY ,; t , 'Il ; rL~\_,;\ 1.-,. zoos /lUG 29 MilO: 51 CUA/L'~:-,: ]1 ~t ~' r - <:) ~~S' -0 ~,p """ ,- ,.,.,.""y,'-" ;.",-.--;'- ";;.r~,:);~,';i ,~,:;:( -, - PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten aud submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) NAKITA GREEN, (Plaintiff) vs. l>J!fi K. <DJVER and CHARLES E. <DJVER, (Defendant) No. 2005 4296 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): J)pfp.nn~nt-c:' Prelimineuy Objection~ h~ ~t-;:mnin'J 2. Identify counsel who will argue cases: (a) for plaintiff: Douglas L. Miller, Esquire (Name and Address) 60 West Panfret Street, ('",rlis:le, PA 17011 (b) for defendant: Bradley L. Griffie, Esquire (Name and Address) 200 N. Hanover Street, Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 20, 2005 ~i" Print yout' name Esquire Date~( , ~f 05 Attorney for Defendants Amy K. Coover and Charles E. Coover (2 c- r--' c~-") c.:::J J' (j"'~ ,\":'\ ~~::J - '" , o -n .::\ -1;__-("\ fY"e=: ':9)'Q =,/) --'- ~ \ , ;~;~~; .~-;:'!t ."'f/P' ~ '- ---" <-:? rj) 1"-' - NAKITA S. GREEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs. CIVIL ACTION - LAW AMY K. COOVER and CHARLES E. COOVER, Defendants : NO. 2005-4296 : IN CUSTODY CIVIL TERM PRELIMINARY OBJECTIONS AND NOW, comes Defendants, Amy K. Coover 1md Charles E. Coover, by and through their counsel. Bradley L. Griffie, Esquire, and files the following Preliminary Objections: I. A Complaint in Custody was filed by Plaintiff in this matter on or about August 22, 2005, seeking custody of Plaintiffs nephew, Anthony Saleem Young, Jr., born August 23, 2004. 2. As verified by Plaintiff in the Complaint, since August 24, 2004, or shortly after the child's birth, the child has resided with Defendants, Amy K. Coover and Charles E. Coover. 3. The Plaintiff in the Complaint, Nakita S. Grl~en, has never had any periods of physical custody of the child and fails to aHege any basis whatsoever in the Complaint for Custody to support a suggestion that she has standing to pursue a claim of custody in this matter against Defendants. WHEREFORE, Defendants request your Honorable Court to dismiss the Complaint for Custody for Plaintiff s lack of standing to bring this matter. Respectfully submitted, CfI6/tJS Date iffi ,Esquire to ey for Defendants GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICA nON I verify that the statements made in the foregoing do'~ument 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 falsifications to authoritit:s. DATE: ct!'/.1005 . " -....iL (' , ,',' i , ,"I" I. r, ,;,,";'--1.1.(,'(,,1 Amy K. COQ~~r, Defendant DATE: cr I' /2 DOS . -.-::;.? ~ 2~,L E.. L <0-___. . Charles E. Coover, Defendant NAKITA S. GREEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW AMY K. COOVER and CHARLES E. COOVER, Defendants : NO. 2005-4296 : IN CUSTODY CIVIL TERM CERTIFICATE OF SERVICE 7X I, Bradley L. Griffie, Esquire, hereby certify that I did, the ~ day of September, 2005, cause a copy of Defendants' Preliminary Objections to be served upon Plaintiff's attorney by first-class mail, postage prepaid at the following addresses: Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, P A 17013 DATE: q/Lfi)S n G, ~, (::;;> .:.:'::) '-" C.., \<--; ...0 c --'" c:? o f....:i NAKITA S. GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-4296 CIVIL AMY K. COOVER and CHARLES E. COOVER, Defendants IN CUSTODY ORDER AND NOW, this -- ,%-0 day of September, 2005, upon presentation and consideration of the within answer to the petition for special relief, our order of August 25, 2005, is hereby vacated. The status quo of the child, Anthony Saleem Young, Ir., born August 23, 2004, being in the custody of defendants, Amy K. Coover and Charles E. Coover, shall remain pending further proceedings. On record argument ofthe defendants' preliminary objections is herewith set for Friday, September 23, 2005, at 11:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, v!?ouglas Miller, Esquire For the Plaintiff I.~adley Griffie, Esquire For the Defendants ~ .Ai :rlm \!INvIYl,SNN3d "'inti'> t.,. ""luC'C';A',n" 1\..1..1\-11 ',. ",,",1" :,~:,;I' I. v L S :01 WlJ I G d3S soaz AlN.l.ONOHlO!:Jd 3Hl :/0 301:l:Io-G31l:l NAKITA S. GREEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW AMY K. COOVER and CHARLES E. COOVER, husband and wife, Defendants : NO. 2005-4296 CIVIL TERM : IN CUSTODY ACCEPTANCE OF SERVICE I, Bradley L. Griffie, Esquire, attorney for the Defendants in the above captioned matter, hereby confirm that I accept service of the Complaint for Custody filed in this matter on or about August 22, 2005, together with a blank Conciliation Order, and accept service on behalf of my clients, Amy K. Coover and Charles E. Coover, and confirm that I am authorized to do so. Date: 9 /~/oj . e, E quire Ie & Associates 200 North Hanover Street Carlisle, P A 17013 -~"~'. ;ril'; '-7 .~. ~:~'~ ( (}.j,'-' \:3:2.\'-' ~',.,> .~;~i(-::) y'C '3. 9 ~':.- ~ """ Of' ~ --0 rv - -p % Q. ::toon f1'~ -0 f"G ..,\:? 00 :?~:i,} ....0 Z:'rn g 'Z; ~ N .' <.J'\ '" - vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NAKITA S. GREEN, Plaintiff AMY K. COOVER and CHARLES : NO. 2005-4296 CIVIL TERM E. COOVER, husband and wife, Defendants : IN CUSTODY MOTION FOR PROTECTIVE ORDER AND NOW, come Defendants, Amy K. Coover and Charles E. Coover, by and through their counsel of record, Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, and files the following Motion: I. Your Petitioners, Amy K. Coover and Charles E. Coover, are the above named Defendants and adult individuals residing at 117 Railroad Lane, Shippensburg, Cumberland County, Pennsylvania. 2. Your Respondent is Nakita S. Green, the above named Plaintiff and an adult individual believed to be residing at 130 Leferts !'Iace, Brooklyn, New York, 11238. 3. Respondent filed a Complaint for Custody in the above captioned matter on or about August 22, 2005. 4. On the face of the Complaint for Custody itself, R~~spondent confirms that she has never had custody of the child at issue in those proceedings. 5. On the face of the Complaint, Respondent confirms that she does not now, nor has she ever, stood in loco parentis with respect to the child at issue. 6. Petitioners have filed Preliminary Objections to the Complaint for Custody, which had been listed by Petitioners to be argued on October 20,2005. 7. Upon notification to Respondent of the fact that Petitioners had filed Preliminary Objections to Respondent's standing in this matter, Respondent, through counsel, served Plaintiff's Request for the Production of Documents by Defendants upon counsel for Petitioners herein. 8. As Respondent has failed to allege any legal basis upon which she could pursue custody of the child at issue in this case, it is anticipated that Petitioners' Preliminary Objections will be upheld and Respondent's Complaint for Custody will be dismissed. 9. Pennsylvania Rules of Civil Procedure No. 1930.5(a) provides: There shall be no discovery in a simple support, custody or Protection from Abuse proceeding unless authorized by Order of Court. 10. Respondent has neither sought nor secured an Order of Court authorizing discovery in this custody proceeding. II. The Request for Production of Documents propounded upon Petitioners by Respondent is not in compliance with the Pel!lIlsylvania Rules of Civil Procedure. 12. Any discovery in these proceedings is unnecessary and burdensome to the Petitioners as Respondent does not have standing to pursue the action at issue and should not have filed the Complaint for Custody in this matter. WHEREFORE, Petitioner requests your Honorable Court to enter an Order staying all discovery proceedings in this case pending a resolution of the Preliminary Objections to standing in this matter and further Order of Court, and pending proper Petition for Discovery approved by the Court. Respectfully submitted, ffie, Esquire rney or Petitioners 00 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NAKlTA S. GREEN, Plaintiff AMY K. COOVER and CHARLES E. COOVER, Defendants : NO. 2005-4296 : IN CUSTODY CIVIL TERM CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the d.l'!. day of September, 2005, cause a copy of Defendants' Motion for Protective Order to be served upon Plaintiff's attorney by first.class mail, postage prepaid at the following addresses: Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, P A 17013 DATE: .-i1/J.<'>\ 1) ( esquire 'At ey~ or R ondents GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 I verify that the statements made in the foregoing document 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 authoritks. DATE: ~IADJ65 (') ", ~ c:;) ~;; = '-" 1; (j) s:'-" 1'1'1 n'~ -0 PV ~d N S~js~ -.r" " -n ._ ~:" -n -.", ~~f~ (.. ~~ 2 .~-, .y' -j c.,,;. ~;::l .- 0'" '< 1 NAKITA S. GREEN, Plaintiff, v. AMY K. COOVER and CHARLES E. COOVER, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION. LAW : 2005 - 4296 CIVIL TERM : IN CUSTODY PRAECIPE TO REINSTATE THE COMPLAINT To the Prothonotary: Please Reinstate the Complaint filed by the Plaintiff in the above-captioned matter. Date: September 20, 2005 Respectfully submitted, IRWIN & McKNIGHT By: ~if It~ Dougla G. MIller, EsqUIre 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court LD. No. 83776 Attorney for Plaintiff, Nakita S. Green , CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by regular United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: BRADLEY L. GRIFFIE, ESQUIRE GRIFFIE & ASSOCIATES, P.C. 200 NORTH HANOVER STREET CARLISLE, PA 17013 IRWIN & McKNIGHT By: ~A. ~Jk Douglas . Miller. Esquire Supreme Court J.D. No, 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Nakita S.Green Date: September 20, 2005 () r-' 9n "'" (; ,,-, "" ':''''~ (/) :?.." ,; '..~ C~; ~'" r<1 n'lF ~..' -0 -om ,< I N :;)~ U~J. 0 j;~ ~d... .... ~2:' -p ::r-::i] ~. 2~('-.' :;:: 20 --Lj L')rn :;.,.c: N ..-1 -~ ?Ci ...:... --; ~- -<. -l '-< NAKITA S. GREEN, Plaintiff vs. AMY K. COOVER and CHARLES E. COOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4296 CIVIL IN CUSTODY ORDER AND NOW, this :z. (. , day of September, 2005, after argument thereon, the preliminary objection of the defendants is DENIED. ~glas Miller, Esquire For the Plaintiff vffradley Griffie, Esquire For the Defendants :rlm BY THE COURT, . /lJ i 'v":\'<..;\/SVS\'!' .\~<:! ,\l(\lr'c"( (~:I/'H\8 90 :1'] \\d 92 d3S SOOl Ai:lV10i:0;1,10cd 3Hl :10 J01:!:!O-G3iI:l R::CL~ .~;-~ '"~-~" r~ , ':"..J ....~t .~ (,'Jrr) - ., r NAKITA S. GREEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW AMY K. COOVER and CHARLES : NO. 2005-4296 CIVIL TERM E. COOVER, husband and wife, Defendants : IN CUSTODY ORDER OF COURT AND NOW, this Z--5' day of ~~ , 2005, upon presentation and consideration of the within Motion for Protective Order, IT IS HEREBY ORDERED AND DIRECTED that there shall be no discovery proceedings pursued by the parties to this action until tPP ;~"lnp of the npfpnrl~iu~.ti' D~~liw.in~1")' Ohjp.{'t;(ln~ tn PlaiatifP;:) .standing ar" ":SSIYllG by Hie CS'IFt, !Ii111 'Imil the Court determines discovery is appropriate upon proper Petition. BY THE COURT, 4J. 98: I I!d 8<; d:lS seaz ;"'" "e" '" I" 'J ~'!l :10 Jo-l\", ';-" t...,; I 'r',." ~1_ - Wi":" "\'.....II~._V....- -11 ;jJl~:::\(J-o;nu vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NAKITA S. GREEN, Plaintiff AMY K. COOVER and CHARLES : NO. 2005-4296 CIVIL TERM E. COOVER, husband and wife, Defendants : IN CUSTODY AMENDED ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes Respondents, Amy K. Coover and Charles E. Coover, by and through their counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, and files the following Amended Answer to Petition for Special Relief: I. Admitted. While it is not specifically known to the Respondents as to the proper name and address of the Petitioner, it is presumed that the information provided is accurate. 2. Admitted. 3. Denied. Respondents are without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 3 and they are, therefore, denied. 4. Admitted in part. Denied in part. It is admitted that Petitioner claims that her sister is Shalita Green, alkla Belinda Green. It is admitted that Shalita Green, alk/a Belinda Green, alk/a Lisa Brown, alk/a Lisa Banks, alk/a Shalita Wilson, alk/a Shalita Wilkens, alk/a Rose Clark, alk/a Shajlita Green (hereinafter "natural mother"), is the nature mother of Anthony Saleem Young, Jr., born August 23, 2004 (hereinafter the "child"). 5. Admitted. 6. Admitted in part and denied in part. It is admitted that the nature mother, working with a prison ministry program operated by the Archdiocese of Philadelphia signed temporary custody of the child over to the Respondents. It is denied, as stated, that this was to allow the Defendants [Respondents] to care for the minor child on a temporary basis, but rather, provided physical custody and guardianship to the Respondents for the term of my [natural mother's] confinement and I [natural mother] reserve the right to withdraw said custody at my desire or upon my release." It further averred that the document signed by natural mother was not signed until more than seven (7) months after the birth of the child and Respondents taking custody of the child in August 2004. It is further averred that Respondents would not have entered into these arrangements in August 2004 if natural mother had simply reserved the right to designate a new custodian for the child at her whim. 7. Denied as stated. It is denied that the minor child has simply resided with the Respondents in Cumberland County since shortly after his birth in August 2004. It is averred, rather, that the Respondents have had sole physical and legal custody of the child since August 25, 2004, and have provided solelv for all of his care. 8. Admitted in part and denied in part. It is admitted that the document attached as Exhibit "A" to the Petitioner's Complaint is a copy of the document that Respondents requested the natural mother to sign at a time when Respondents did not have any signed documentation from natural mother providing them with custody or guardianship. It is denied that on more than one occasions Respondents have attempted to have natural mother sign additional documents granting them greater legal rights with regard to the minor child. 9. Denied. The Respondents are without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 9 and they are, therefore, denied, with specific proof thereof being demanded at trial. 10. Denied. Respondents are without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 10 relative to the actions of natural mother, particularly under circumstances where the document is alleged to have been signed on March 9, 2005, but Respondents were never presented with the document until June, 2005, and proof of mother's execution of document is demanded at trial. 11. Admitted. 12. Denied. It is denied that the natural mother has attempted to withdraw custody from the Respondents due to Respondents failure to keep regular contact with the natural mother. It is averred, rather, that the natural mother has such an extensive list of incarcerations and arrests that have made it nearly impossible to maintain contact with her because when she is on the street and not incarcerated, her whereabouts are unknown and she fails to maintain any contact whatsoever with Respondents. It is further averred that when natural mother is incarcerated, the Respondents will, on occasion, have contact through third parties or limited contact from the natural mother requesting that the Respondents bring the child to the prison for visits, which they have done on every occasion. It is further averred that when an address for natural mother has been available to Respondents, Respondents have corresponded with natural mother, updating her as to the child's status and providing pictures of the child. 13. Denied. It is denied that the natural mother or legal counsel for the Petitioner and representatives of the Prison Ministry Program have contacted Respondents on numerous occasions informing them of the new signed document and attempting to obtain the return of the minor child. It is admitted that one letter was sent on May 31, 2005, from legal counsel for Petitioner herein, advising Respondents of this situation and requesting that custody of the child be turned over to the Petitioner, Nakita S. Green. It is denied that this is in the best interests of the child. It is denied that the Petitioner has a standing to pursue custody of the child. It is averred, rather, that the Court must determine the best interest of the child before entering an Order determining who should have custody of the child and that even a natural parent cannot simply transfer custody to a different custodian each year as they may wish when it is not in the child's best interests. It is further averred that natural mother is not able to care for the child and, therefore, the Respondents' custody documents are still in effect. 14. Admitted. It is further averred, however, that from May 31, 2005, to the filing of this action in late August 2005, or a period of three months, there were no additional contacts or demands from Petitioner or Petitioner's counsel as regards to custody. 15. Denied as stated. It is denied that the Respondents have repeatedly refused to return the minor child or to cooperate with the wishes of the natural mother as they originally agreed. It is averred, rather, that the natural mother has exhibited a total inability to care for the child and, through her actions, has made it clear that she will never be in a position to be able to maintain any type of responsibility for the child. It is further averred that Respondents have filed a Petition for Involuntary Termination of Parental Rights and for Adoption, as well as a Notice of Intention to Adopt the child at issue herein. It is further averred that Respondents have filed Preliminary Objections to the Complaint for Custody filed by Nakita S. Green as she lacks standing to pursue this matter. 16. Denied. Respondents are without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 16 and they are, therefore, denied. It is further averred that this alleged fact is irrelevant to these proceedings. 17. Denied. It is denied that Petitioner would be burdened in pursuing appropriate, customary, and required custody conciliations and hearings to pursue the custody of the child at issue herein. It is further averred that the attempts of the Petitioner to secure an ex parte Order in a situation where the Respondents have maintained sole physical and legal custody of the child for more than a year is an effort on the part of the Petitioner to avoid a fair hearing where the Court will determine the best interest of the child. and is an effort to avoid the Court addressing the fact that Petitioner does not have standing to pursue this matter. It is further averred that Petitioner made no attempts to advise Respondents of their intention to secure an ex parte Order in this matter, in an effort to avoid having the Court hear the facts of this case and to mislead the Court. 18. Admitted in part. Denied in part. It is admitted that it is unlikely that a resolution of this matter will be reached at a conciliation conference. It is averred, however, that the Petitioner is without standing to pursue custody of the child and, as such, the Preliminary Objections filed in this matter by Respondents will be upheld by the Court. It is further averred that the Respondents alone have provided sole care and custody for the child since his birth and that it would not be in the child's best interest to place the child with another party, particularly a party who does not have standing to pursue custody in this matter. It is further averred that the Respondents believe the natural mother's parental rights will be terminated and they will be adopting the child at issue in this case. It is further averred that only Respondents have stood in loco parentis for in excess of one year for this child and only they have standing to pursue custody of the child as a third party. 19. Denied as stated. It is unknown as to what the natural mother's desires are in this case as she placed the child in the custody of the Respondents more than a year ago and has led a life of crime being incarcerated on numerous occasions and having felony charges pending against her at this time. It is further averred that the natural mother's mental situation, her drug and alcohol involvement, and other matters make it impossible for natural mother to make an appropriate decision relative to the needs of the child. It is further averred that the Petitioner lacks standing to pursue custody of the child. WHEREFORE, Petitioner requests your Honorable Court to vacate the Order of August 25, 2005, providing Petitioner with legal and physical custody of the child, that the Court vacate the Order scheduling a hearing for December 9, 2005, at I :30 p.m. in Courtroom No.4 of the Cumberland County Courthouse, and that the Court maintain the status quo of custody of the child in Respondents awaiting further action in this matter pending the resolution of the Preliminary Objections filed by Respondents in this case. Respectfully submitted, 0;/;30/6S Dlle . ffie, Esquire ttor y for Respondents GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 NAKITA S. GREEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW AMY K. COOVER and CHARLES E. COOVER, Defendants : NO. 2005-4296 ; IN CUSTODY CIVIL TERM CERTIFICATE OF SERVICE fJ'f I, Bradley L. Griffie, Esquire, hereby certify that I did, the 3 0 day of September, 2005, cause a copy of Respondents' Amended Answer to Petition for Special Relief to be served upon Petitioner's attorney by first-class mail, postage prepaid at the following addresses; Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, P A 17013 DATE: '1/JiJ/o$ . ffi, Esquire 4 / Jor Respondents FFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: Cj I dq l.dQo5 o A'Udi; '-f~ ~~~ / Amy K. C ver, Defendant DATE: q /29 /2005 I /~ ~ ~.~...c; . C7~. --.. Charles E. Coover, Defendant o c "" <...~~ ~~~:~ o -n :~ {",1 (,.) ".,'~ C) -".""' r.,) C~) c:;, -',: :..:J -< ...------------- NAKITA S. GREEN, Plaintiff RECEIVED OCT 10 '8J1j y/""\ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW AMY K. COOVER and CHARLES: NO. 2005-4296 CIVIL TERM E. COOVER, husband and wife, Defendants : IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this /S11J day of (}-'f-~./O/L/ ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court oom No. <-j, ofthe Cumberland County Court House, on the /,;rt:/J day of , 20Qt: at q f 3cJ o'clock,.A:.. M., at which time testimony will e taken. r purposes of this Hearing, the Plaintiff, Maternal Aunt 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. Pending further Order of Court or agreement ofthe parties, the following shall remain in effect: 3. Amy K. Coover and Charles E. Coover shall have temporary legal custody of Anthony Saleem Young, Jr. born August 23, 2004, provided however that Amy K. Coover and Charles E. Coover shall keep Nakita S. Green informed of any major decisions regarding the child's medical, educational or religious well-being. 4. Amy K. Coover and Charles E. Coover shall have temporary physical custody of the child. 5. Nakita S. Green shall have periods of supervised visitations on the third Tuesday of every month for three hours. The supervisor shall be the director of the Prison Ministries Program ofthe Archdioceses of Philadelphia, Office of Catholic Social Services. Said supervised visitation shall occur at the offices as aforementioned located at 7340 Jackson Street, Philadelphia, Pennsylvania 19136. The Coovers may be present during the visit, but shall not interfere in any way with Nakita S. Green's time with the child. ">0 ./' 11.1 (' I .!.10 CnoZ G ~1 "vi. r:'... (. . _ .JUl) .:10 6. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc4Jrouglas G. Miller, Esquire, counsel for Nakita S. Green ...Bradley L. Griffie, Esquire, counsel for MIM Coover ./JA J. NAKITA S. GREEN, Plaintiff RECEIVED OCT 102005 f" : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW AMY K. COOVER and CHARLES: NO. 2005-4296 CIVIL TERM E. COOVER, husband and wife, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, 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: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anthony Saleem Young, Jr. August 23, 2004 Amy and Charles Coover 2. A Conciliation Conference was held by telephone on October 7, 2005 with the following individuals included: Douglas G. Miller, Esquire on behalf of maternal aunt, Nakita S. Green, and Bradley L. Griffie, Esquire, on behalf of Amy K. Coover and Charles E. Coover. 3. The Court previously entered an Order of Court dated September 26, 2005 denying the Coovers' Preliminary Objections. 4. Plaintiff/Maternal Aunt's position on custody is as follows: Maternal Aunt seeks legal and physical custody of the child. She maintains that the Mother of the child has revoked the temporary guardianship/custody granted to the Coovers and the Coovers have refused to abide by the revocation. Maternal Aunt asserts that Mother has now granted custody to her. 5. Defendants/Coovers' position on custody is as follows: Coovers seek legal and physical custody of the child. They maintain that they have had legal and physical custody of the child since birth and it is in the child's best interest to remain with them. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the Coovers temporary legal and physical custody and Maternal Aunt periods of supervised visitation. It is expected that the Hearing will require one day. 10-7-0)- Date ~ IV{,~ acq ine M. Verney, Esquire Custody Conciliator NAKITA S. GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW AMY K. COOVER and CHARLES E. COOVER, Defendants NO. 2005-4296 CIVIL TERM IN CUSTODY PETITION FOR CONTINUANCE AND NOW, comes the Petitioner Bradley L. Griffie, Esquire and petitions the Court as follows: I. Your Petitioner is counsel of record for the above-named Defendants, Amy K. Coover and Charles E. Coover. 2. PlaintiffNakita S. Green is represented in these proceedings by Douglas G, Miller, Esquire. 3, An Order was entered in this matter on October 13,2005 scheduling a hearing in this case for January 12,2006, copy of said Order being attached hereto incorporated and hereby referenced as Exhibit "A." 4. The custody hearing scheduled in this matter is anticipated to take at least an entire day for presentation of testimony and evidence. 5. Petitioner is scheduled for a hearing for the afternoon of January 12,2006 to begin at I :30 p.m. in Courtroom Number I of the Cumberland County Courthouse, which hearing was continued from an earlier date at the request of Petitioner due to a conflict. 2 6. Petitioner has advised opposing counsel by correspondence of October 20, 20050fthis conflict in Petitioner's schedule and requested his concurrence in the request for continuance. 7. Petitioner has not received a response from opposing counsel as to his position concerning this request for continuance. 8. Petitioner does not wish to have additional delay that will create even longer delay in rescheduling the hearing in this matter and files this Petition to Request a Continuance to secure a new date. WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing in this matter from January 12, 2006 at 9:30 a.m. to a new date convenient to the Court and counsel. Respectfully submitted, . . Griffie, Esquire mey for Defendants GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 3 VERIFICATION [ verify that the statements made in the foregoing document 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 falsifications to authorities. DATE:-U),f}t>5 ~"qlli" 4 NAKITA S. GREEN, Plaintiff RECEIVED OCT 102005 'J ;,/)(1 : IN THE COURT OF COMMON PLEAS OF ( : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW AMY K. COOVER and CHARLES: NO. 2005-4296 CIVIL TERM E. COOVER, husband and wife, Defendants : IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 1.% day of (()J' In}! Jt'.h ) ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as fol1ows: I. A Hearing is sciJ4ed in Cou Room No.4. ,of the Cumberland County Court House, on the day of .2006, at 930 o'clock, iL M., at which time testimony will be taken. or purposes of this Hearing, the Plaintiff, Maternal Aunt shall be deemed to be the m 'ing 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. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. Amy K. Coover and Charles E. Coover shall have temporary legal custody of Anthony Saleem Young, Jr. born August 23, 2004, provided however that Amy K. Coover and Charles E. Coover shall keep Nabta S. Green informed of any major decisions regarding the child's medical, educational or religious well-being. 4. Amy K. Coover and Charles E, Coover shall have temporary physical custody of the child. 5, Nakita S. Green shall have periods of supervised visitations on the third Tuesday of every month for three hours. The supervisor shall be the director of the Prison Ministries Program ofthe Archdioceses of Philadelphia, Office of Catholic Social Services. Said supervised visitation shall occur at the offices as aforementioned located at 7340 Jackson Street, Philadelphia, Pennsylvania 19136. The Coovers may be present during the visit, but shall not interfere in any way with Nakita S. Green's time with the child. EXHIBIT I A 6. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, / cc: Douglas G. Miller, Esquire, counsel for Naida S. Green Bradley L. Griffie, Esquire, counsel for M/M Coover NAKIT A S, GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW AMY K. COOVER and CHARLES E. COOVER, Defendants NO. 2005-4296 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE .'if--- I, Bradley L. Griffie, Esquire, hereby certify that I did, the L day of November, 2005, cause a copy of Petition for Continuance to be served upon Plaintiffs attorney by first-class mail, postage prepaid at the following addresses: Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 DATE: II )8/oS , e . Griffie, Esquire Attorney for Defendants GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 5 n i- ", \"~ ;) ':,<1 o -n .... :r:--r'l rl1:r:i CD , , o \..." r0 :~ ;'[1 -~l 'h_ :'1.) .< en NAKITA S. GREEN, Plaintiff. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW AMY K. COOVER and CHARLES E. COOVER, husband and wife, Defendants : 2005 -4296 CIVIL TERM : IN CUSTODY PLAINTIFF'S ANSWER TO PETITION FOR CONTINUANCE AND NOW this 2nd day of December, 2005, comes the Plaintiff, Nakita S. Green, by and through her attorneys, Irwin & McKnight, and respectfully files this Answer to the Defendant's Petition for Continuance, and in support thereof aver as follows: I. The averments of fact contained in paragraph one (I) are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are admitted. 4. The averments of fact contained in paragraph four (4) are admitted. 5. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph five (5), therefore they are specifically denied and strict proof thereof is demanded. By way of further answer, because opposing counsel's conflicting hearing does not begin until I :30 p.m., Plaintiff and her counsel are willing to commence with the hearing as scheduled on the morning of January 12,2006. If additional time is necessary for the completion of testimony, an additional hearing can be scheduled at the discretion of this Court. As it is Plaintiff that has to travel a significant distance for the hearing, Defendants should not be inconvenienced by the possibility of having more than one hearing before this Court. 6. The averments of fact contained in paragraph six (6) are admitted. By way of further answer, this matter has already been rescheduled once and the Plaintiff in this matter is at this time allowed only limited contact with her nephew, the minor child. Further delay to secure an open full day for testimony will significantly prejudice the interests of the Plaintiff in this matter. 7. The averments of fact contained in paragraph seven (7) are admitted. 8. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eight (8). A further delay until an open full day for testimony will harm Plaintiff by continuing to allow Defendants' the custody of the minor child and cause Plaintiff to suffer the anguish of not being able to physically care for her nephew, as the child's own mother has requested. WHEREFORE, Plaintiff, Nakita S. Green, respectfully requests this Honorable Court to deny Defendant's Motion for Continuance and maintain the scheduled date of January 12, 2006, at 9:30 a.m., and to schedule a second half day hearing at the earliest convenient date and time for the Court and counsel of record. Respectfully Submitted, IRWIN & McKNIGHT ~ Dated: December 2, 2005 By: Dougla . MIller, Esquire Supreme Court ill # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff, Nakita S. Green 2 .~. ."-","" CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 (Attorney for Defendant) Date: December 2, 2005 IRWIN & McKNIGHT Miller, Esquire Supreme ourt ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Nakita S. Green ;-.) , . I \ I I r<; ( ,1 , , l.,? - NAKITA S. GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-4296 CIVIL AMY K. COOVER and CHARLES E. COOVER, Defendants IN CUSTODY ORDER AND NOW, this "31 Y day of January, 2006, continued hearing in the above captioned matter is set for Friday, April 21, 2006, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Douglas Miller, Esquire For the Plaintiff Bradley Griffie, Esquire For the Defendants ~ ~ d/.OfOI, C).., :rlm :'~~:i/'JnJ o z: :8 !l') t - 1J3.:l9DDl Ab\;lONOH.U)Ud 3Hl :10 3CU:(\-Q31I:l ... NAKITA S, GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW AMY K. COOVER and CHARLES E. COOVER, Defendants : NO. 2005-4296 : IN CUSTODY CIVIL TERM PETITION FOR RECONSIDERATION OF PRELIMINARY OBJECTIONS AND NOW COMES, Petitioners, Amy K. Coover and Charles E, Coover, by and through their counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Petitioners are the above named Defendants, Amy K. Coover and Charles E, Coover, adult individuals currently residing at 117 Railroad Lane, Shippensburg, Pennsylvania. 2, Respondent is the above named Plaintiff, Nakita S. Green, an adult individual currently residing at 130 Lefferts Place, Brooklyn, New York. 3, Respondent initiated the within proceedings by the filing of a Complaint for Custody, seeking custody of the child, Anthony Saleem Young Jr. born August 23' 2004. 4. The Court entered an initial Order in this matter on September 20, 2005, which is attached hereto and incorporated hereby reference as Exhibit "A" 5, Petitioners filed Preliminary Objections to the Complaint, objecting to Respondent's lack of standing in this matter. 6. Upon the submission of briefs and oral arguments on the Preliminary Objections, the Court entered an Order dismissing Petitioner's Preliminary Objections to standing, 7, No testimony was taken prior to the Court's entry of its decision on the Preliminary Objections. 8, In the Brief submitted on behalf of the Respondent, Respondent's counsel stated "from the time she, [Respondent] was made aware of the child's birth, which was after the Defendant's [Petitioner's] obtained temporary custody, she has sought to y .~ v care for the minor child and to maintain contact with Defendants. Defendants have failed and refuse to answer Plaintiff and have provided only limited information to the Mother, contrary to the terms of their agreement. ... Plaintiff [Respondent] can show a substantial interest in the child." 9. The law on the issue of third party standing has been clearly set forth by our Superior Court, which formed the basis for the Respondent's claim of standing, in Kellogg v. Kellogg 646 A2d 1246 (Pa.Super. 1994). 10. The provisions of case law permitting third party standing in cases such as the one before the Court provided: We hold that for a third party to be accorded standing, he or she must prove by clear and convincing evidence that he or she has shown a sustained, substantial, and sincere interest in the welfare of the child. ... The petitioner, in order to be awarded standing, must prove by clear and convincing evidence that he or she has shown a sustained, substantial, and sincere interest in the welfare of the child. Kellog v. Kellogg, 646 A2d 1246 at 1249 (Pa Super. 1994) 11. Pursuant to the Respondent's testimony in this matter, her attempts to make contact with the Petitioner's or to have contact with the child are limited to the following: (A) A telephone call to Petitioner, Amy Coover, claimed to be in April, 2005, but later shown to be in May 2005, eight or nine months after the birth of the child, to advise Petitioner's that the child's Mother had signed a new temporary custody agreement asking Respondent to have custody of the child as set forth in Exhibit "B". which is attached hereto and incorporated herein (see page 50, line 9, through page 52, line 11). (B) Attempts by telephone calls to police departments and children services agencies to request their involvement in taking the child from Petitioners and delivering the child to Respondent in May 2005 as set forth in Exhibit "c" attached hereto and incorporated herein. (see page 53 line 8-23) , , , (C) For the first eight to nine months of the child's life until the demand was made for the child to be given to Respondent, Respondent made no efforts of any nature whatsoever to initiate or maintain contact with the child, to visit the child, to provide any type of care for the child, or to otherwise be involved in developing a relationship with the child, as testified at trial and as set forth on Exhibit "D", attached hereto and incorporated herein (see page 63 line 19-24) 12. Now that testimony has been presented, it is clear that Respondent has failed to meet her burden of proof by clearing convincing evidence that she had a sustained, substantial, and sincere interest in the welfare of Anthony. \3. The Court entered a Temporary Order in this matter dated October \3, 2005, which is attached hereto and incorporated herein by reference as Exhibit "E". 14. The hearing which was initially held in this matter on January 12th 2006 was not concluded, although Respondent's testimony had been concluded. IS. A continued hearing date for additional testimony is scheduled for Friday April 21 st 2006, to begin at 9:30 a.m. 16. Conducting further hearing on this matter will be a waste of judicial resources, a waste of the parties' and counsel's time, and a waste of Petitioner's limited financial resources. 17. Respondent lacks standing to initiate and pursue the within custody action. 18. Counsel for Respondent has been advised that this Petition is being filed and has been provided with a copy by facsimile correspondence prior to filing. WHEREFORE, Petitioner requests your Honor of Court to enter an Order in the form attached hereto, Respectfully Submitted, r '. Griffie, Esquire or ey for Petitioners 00 North Hanover Street Carlisle, PA 17013 (717) 243-5551 . , , VERIFICATION I verifY that the statements made in the foregoing document 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 falsifications to authorities. DATE: 4/14- /200{, I . ~~:/~ Charles E. Coover . . VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: J..{ flY! .;l DOi'o AQ~~4r-f\~ .'/ NAKITA S. GREEN, Plaintiff r~ftJJ ....;:::' ii, /J. L':) V ,-/ II' - \ IN THE COURT OF COMMON PLEAS 0; L ) CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LA W NO. 05-4296 CIVIL AMY K. COOVER and CHARLES E. COOVER, Defendants IN CUSTODY ORDER AND NOW, this - 'Z.. 0 day of September, 2005, upon presentation and consideration ofthe within answer to the petition for special relief, our order of August 25, 2005, is hereby vacated. The status quo of the child, Anthony Saleem Young, Jr., born August 23, 2004, being in the custody of defendants, Amy K. Coover and Charles E. Coover, shall remain pending further proceedings. On record argument of the defendants' preliminary objections is herewith set for Friday, September 23, 2005, at 11:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Douglas Miller, Esquire F or the Plaintiff .Ai Bradley Griffie, Esquire For the Defendants :rlm EXHIBIT I ---B- .' 1 sister then had signed the new temporary custody form in 2 favor of you? 3 A Yes. 4 Q Did she -- and she provided that original to 5 you? 6 A Yes. 7 Q How did she do that? 8 A She mailed it to me. 9 Q Okay. When you received the form that she 10 had signed, what did you do at that point? 11 12 13 14 15 16 A I had called Amy. Q Amy Coover? A Yes. Q And how did you contact her? A Through the phone. Q Do you remember the time frame as to when was 17 that? 18 19 20 21 22 A No. Q Would it have been in March 2005 or April? A Probably April. Q And what did you say to Amy Coover? A I had explained to her that Shalita had gave 23 me -- sent me a form to give me temporary custody of the 24 child and can we meet somewheres so we can get the child. 25 And she said no. EXHIBIT j B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .' Q Did she say anything else other than no? A She's not giving him to us. Q Did she give you a reason why? A Because he doesn't know us. Q Did you explain to her how you were related to him? A Yes. Q And her response was still no? A Yes. Q Did you have a place where you wanted to meet her, or what arrangements did you make? A first, I had spoke to Laura Ford and We was going to meet at her office. Q Down in Philadelphia? A Yes. Q And Amy would not agree to that? A No. Q What other arrangements then did you try to make? A I told her we would come get the baby. Q That you would actually come to Cumberland County and pick Anthony up? A Yes. And she said no. Q Did you tell her at that time that Shalita had signed a Dew temporary custody form? 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 . A Yes. Q And that it was the same -- substantially the same form that she had signed for the Coovers? A Yes. Q What was Amy's response to that? A She's not giving us the baby. Q How many times did you attempt to contact Amy? A I spokeD to her I think, like, three times. But then after we had a falling out and just stopped calling. Q Was that when you had contacted our o=fices then? A Yes. 15 Q Were there times that you had attempted to 16 call her that no one answered the phone? 17 18 19 20 21 22 23 24 25 A Yes. Q Do you know how many times that would have happened? A Like four times because my sister wanted me to call her. Q Had your other sisters beeD attempting to call her as well? A Yes. Q To your knowledge, were they able to speak S2 . , ' . 1 with the Coovers? 2 A I'm not for sure if Belinda spoke to her, but 3 I know she had left her a message one time. 4 Q After you contacted our offices, we had 5 arranged to file the complaint for custody which is the 6 reason why we're here today; is that correct? 7 A Yes. 8 Q What other actions had been taken to try and 9 have Anthony returned to you? 10 A Through me? 11 Q Yes. 12 A None. 13 Q Had there been contacts made with the police 14 and the District Attorney's Office? 15 A I had called the police -- Shippensburg I 16 believe it is. And they told me they couldn't get involved. 17 Q Had you contacted Children and Youth Service? 18 A DHS In Philadelphia, yes. 19 Q And what did they tell you? 20 A She told me she had nothing to do with it 21 because the child wasn't a DHS child. 22 Q And he wasn't in Philadelphia either? 23 A Yes. 24 Q When -- well, after the custody complaint was 25 filed, did you come to Cumberland County? EXHIBIT I (/ 1 2 3 Q Did you not go to Philadelphia? A No. Q And is it your understanding that on March 49th when Sha1ita signsed the custody form she was in prison 5 at that point? 6 7 A Yes. Q Were you aware that the conciliation -- the 8 confusion with the conciliation that you were here for was 9 because of my schedule and my mix-up? Did your attorney 10 advise you of that? 11 12 A Yes. Q Okay. But even though we didn't have a 13 conciliation, we worked out a temporary arrangement for you 14 to have these monthly visits, correct? 15 16 A Yes. Q And the bus that had trouble was in the Today 17 Travel bus line? 18 19 A Yes. Q I know Anthony is little, but you've never 20 spoken with him on the phone? 21 22 A No. Q And you never sent any cards or letters to 23 the Coovers even for Anthony, right? 24 25 A Q No. If your visits with Anthony -- if you EXHIBIT iD .' 10-)'-2005 17:36 FROM-IRWIN' McKNIGH7 lAW OFFICES +717Z4963S4 7-917 POOl/DDS F-487 NAKITA S. GREEN, Plaintiff RECEIVED OCT 10 2005 ~.,rJ : IN THE COURT OF COMMON PLEAS OF Y. : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW AMY K. COOVER and CHARLES: NO. 2005-4296 CIVIL TERM E. COOVER, husband and wife, Defendants : IN CUSTODY TEMPORARV ORDER OF COURT / AND NOW, this J3l:h.. day Of~. 2005, upon conside13tion of the attacbed Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scp}j~~ed in Co R m No. ~ , of the Cumberland County Court House, on the ~ day of. , 20tt, at q:.Ja o'clock, 11. M., at which time testimony will be taken. or purposes of this Hearing, the Plaintiff, Maternal Aunt shall be deemed to be the ving pany and shall proceed initially with testimony. Counsel for each party shall file with the Courl and opposing counsel a Memorandum setting fonh 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. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. Amy K. Coover and Charles E. Coover shall have temporary legal custody of Anthony Saleem Young, Jr. born August 23, 2004, provided however that Amy K. Coover and Charles E. Coover shall keep Nakita S. Green informed of any major decisions regarding the child's medical, educational or religious well-being. 4. Amy K. Coover and Charles E. Coover shall have temporary physical custody of the child. 5. Nakita S. Green shall have periods of supervised visitations on the third Tuesday of every month for three hours. The supervisor shBll be the direcror of the Prison Ministries Program of the Archdioceses of Philadelphia, Office of Catholic Social Services. Said supervised visitation shall occur at the offices as aforementioned located at 7340 Jackson Street. Philadelphia, Pennsylvania 19136. The Coovers may be present during the visit, but shall not interfere in any way withNakita S. Green's time with the child. . EXHIBIT j~ " " la.,-za05 li:36 FROM-IRWIN' McKNIGHT lAW OFFICES +11i2496354 T-Bli P aa3/aas F-48i 6. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. " BY THE COURT, ~mgL Kevi A. Hess, J. cc: Douglas G, Miller, Esquire, counsel for Nakita S. Green Bradley L. Griffie, Esquire, counsel for M/M Coover IIIIIIIIP NAKITA S. GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW AMY K. COOVER and CHARLES E. COOVER, Defendants : NO. 2005-4296 : IN CUSTODY CIVIL TERM CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certif'y that I did, the day of April, 2006, cause a copy of Defendants/Petitioners Petition for Reconsideration of Preliminary Objections to be served upon Plaintiff/Respondent by serving her attorney of record, Douglas G. Miller, Esquire, by first-class mail, postage prepaid at the following addresses: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, P A 17013 DATE: Bradley L. Griffie, Esquire Attorney for Defendants/Petitioners GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 .... NAKITA S. GREEN, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW AMY K. COOVER and CHARLES E. COOVER, husband and wife, Defendants : 2005 -4296 CIVIL TERM : IN CUSTODY PRAECIPE TO WITHDRAW CUSTODY COMPLAINT TO THE PROTHONOTARY: Upon agreement of the parties, please withdraw the custody complaint filed on behalf of Plaintiff, Nakita S. Green, in the above-captioned matter. Respectfully Submitted, IRWIN & McKNIGHT Do~e~~jtIL Supreme Court LD. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 170 I 3 (717) 249-2353 Attorney for Plaintiff, Nakita S. Green Date: April 24, 2006 , ' - CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by regular United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: BRADLEY L. GRIFFIE, ESQUIRE GRIFFIE & ASSOCIATES, P.C. 200 NORTH HANOVER STREET CARLISLE, PA 17013 IRWIN & McKNIGHT By: AU~A/ 4 ;UYlk.. Do~r, Esquire Supreme Court 1.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Nakita Green Date: April 24, 2006 --""', "