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HomeMy WebLinkAbout05-4327 AMBER M. KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- 421 CIVIL ACTION-LAW CUSTODY CIVIL TERM SAMUEL WARING, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Amber M. Kocher, an adult individual residing at 165 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Samuel Waring, an adult individual residing at 711 Hanover Manor, Apt. 101, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks primary custody of the following children: Name Present Residence Age Kameryn Shai Waring, born 2/15/01 165 West North Street, 4 Adrianna Marcella Waring, born 11/1/03 Carlisle, Pennsylvania 17013, 1 The children were born out of wedlock. The children are presently in the custody of the plaintiff, who resides at 165 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the children have resided with the following persons and at the following addresses: 'I; I Name Address Date Amber M. Kocher Samuel Waring 711 Hanover Manor Carlisle, Pennsylvania 17013 Birth - Sept., 2004 Amber M. Kocher Debra Valencik Tim Valencik Wellsville, Pennsylvania September 2004 - February, 2005 Amber M. Kocher 165 West North Street Carlisle, Pennsylvania 17013 February, 2005 - present The mother of the child is Amber M. Kocher, currently residing at 165 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. She is unmarried. The father of the children is Samuel Waring, currently residing at 711 Hanover Manor, Apt. 101, Carlisle, Cumberland County, Pennsylvania 17013. He is unmarried. 4. The relationship of plaintiff to the children is that of natural mother. The plaintiff currently resides with the following persons: Name Relationship Kameryn Shai Waring Adrianna Marcella Waring Daughter Daughter 5. The relationship of defendant to the child is that of natural father. The defendant currently resides with the following persons: Name Relationship NA 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. The Plaintiff has been the children's primary caretaker since their birth. B. The Defendant recently attempted to interfere with the Plaintiff's primary care of the child, Kameryn. Kameryn has special needs and the mother is better equipped to address these needs WHEREFORE, Plaintiff mother, Amber M. Kocher, believes that the health and welfare of her daughters, Kameryn Shai Waring, age four and Adrianna Marcella Waring, age one, will be better served if she is the primary caretaker. The Plaintiff respectfully requests the Court to grant her primary custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: ~06~ Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. #28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rJo\Domestic\Kocher\custody.com I [ VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct to the best 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 falsification to authorities. Cltw Q>(., 'no" 1..-1 . Amber M. Kocher 'I: I AMBER M. KOCHER, Plaintiff v. SAMUEL WARING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- CIVIL TERM CIVIL ACTION-LAW CUSTODY CERTIFICATE OF SERVICE I hereby certify that on August 2.3, 2005, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Custody Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Samuel Waring 711 Hanover Manor, Apt. 101 Carlisle, Pennsylvania 17013 't206~ Robert L. O'Brien, Esquire - ti ~ () ,...., 0 ~ <'" c;: t";:? -n <fo '- ~:Q -- "'" :--.. c___ ~ (0.> r- _,-;1 N :\)0 --- - C) W ,') 1. ~ C> ~ ~.2 ~~\ ~ - f!- :::;;:.. ~~} (J -<:: ~,,'"""rn ~ '2 ;3 -.:c :0 N ..< $ 'I AMBER M. KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- CIVIL TERM SAMUEL WARING, Defendant CIVIL ACTION-LAW CUSTODY PETITION FOR EMERGENCY RELIEF 1. Petitioner is Amber M. Kocher, an adult individual residing at 165 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Samuel Waring, an adult individual residing at 711 Hanover Manor, Apt. 101, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks primary custody of the following children: Name Present Residence Age Kameryn Shai Waring 165 West North Street 4 Adrianna Marcella Waring Carlisle, Pennsylvania 17013 1 4. The Petitioner has always been the primary caretaker and custodian of the children. Recently, the Respondent took the older child, Kameryn, allegedly for a visit and thereafter refused to return her or to speak with the Petitioner about the situation. She was able to regain custody of Kameryn when she took her from the Respondent when she saw them on the street. Thereafter the Respondent came to her home and sat on her porch. The Petitioner had to call the police to have him removed. II 5. Respondent also recently has told the Petitioner that he is being or has been evicted from his apartment. Respondent is from the New York City area and Petitioner is fearful that if he takes the children he will remove them to New York. 6. The uncertainty of the current situation makes it extremely difficult for Petitioner to manage her home and work the second shift while leaving the children with her sitter. WHEREFORE, The Petitioner respectfully requests the Court to grant her primary custody of her daughters, until the conciliation process, and that the Respondent's contact with the children be limited to supervised visits. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY:~~ Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 II VERIFICATION I verify that the statements made in the foregoing Petition For Emergency Relief are true and correct to the best of my knowledge, information and belief. This verification is signed by Robert L. O'Brien, Esquire, attorney for Ms. Kocher and is based upon statements provided by Ms. Kocher and other persons, as well as documents reviewed by the undersigned as attorney for Ms. Kocher I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. .-- I<'O~b ~ Robert L. O'Brien, Esquire II AMBER M. KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- CIVIL ACTION-LAW CUSTODY CIVIL TERM SAMUEL WARING, Defendant CERTIFICATE OF SERVICE I hereby certify that on August Z3, 2005, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Petition For Emergency Relief, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Samuel Waring 711 Hanover Manor, Apt. 101 Carlisle, Pennsylvania 17013 ,-- ~M-W--- Robert L. O'Brien, Esquire ~ ~ ~ 7' B. '\l' \) - - ~ \" \) r- Ii" ..r:. 4 --4U "";> +- --1) ~<:t:-- o (-~ . l~ ~, <'" ~ ~ .--' ~1~,tG :{)'.O. ~j ('.'),( '<--'=;'"> -0 l.--d -.::fi ";~~x-n <..2, "e y -- "~ <..n ~ G") ,,-, v' 'y- - II r: -); RECEIVED AUG 232005 ~ V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-113'2."1 CIVIL TERM AMBER M. KOCHER, Plaintiff SAMUEL WARING, Defendant CIVIL ACTION-LAW CUSTODY ORDER OF COURT AND NOW, this ,c{f^day of ~ , 2005, pending further order of court, the Plaintiff, Amber M. Kocher, shall have primary physical custody of Kameryn Shai Waring, born February 15, 2001, and Adrianna Marcella Waring, born November 1, 2003. A hearing is set in this matter for the d~ ~ay of _~, 2005 at tf. 'Of) I /f16p.m. in Courtroom No. S':f the Cumberland County Courthouse, Carlisle, Pennsylvania. B J. b S '.13 \\:;\ t;;z, 'J\\~ S~~(. .' ,~\'h\, ,AC,j,'l ?,\-\l. ~O i')j'"S)~;:-:; \ ;;..._(\~r\'~ ,-:,~/':I:I\.: ~.\- \.- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4327 CNIL TERM AMBER KOCHER, vs. DAVID WARING, Defendant CUSTODY RESPONSE TO PLANTIFF'S PETITON FOR SPECIAL RELIEF AND NOW, comes the Defendant David Waring, through his counsel, MidPenn Legal Services and provides the following response to Plaintiffs Petition for Special Relief: 1. Admitted. 2. Admitted 3. Defendant, hereinafter referred to as Father, also seeks primary physical custody of his two minor daughters and with this answer filed a cross complaint for custody. 4. Denied. As stated in the father's Complaint, plaintiff calkd the Father and insisted that he take Amber. Police listened to her voice mail message and, out of concern for Amber's well- being, assisted Father in picking up Amber. 5. Denied. Father has worked for Carlisle Tire and Wheel for seven years, has a Section 8 housing voucher, and has no plans to move to New York now or in the future. By way of new matter, Plaintiff is currently being evicted from her present address. 6. Denied. There is no uncertainty in the Father's current situation or in the environment for the children who are the subject of this action. The only uncertainty in the current situation is whether or not the Plaintiff is going to be incarcerated for driving with a suspended license. Respectfully submitted, ~~CCc ~% c E. D'Alo mey for Plaintiff Mid Penn Legal Se:rvices 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 SAM DAVID WARING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05- CIVIL TERM AMBER KOCHER, Defendant CUSTODY CROSS-COMPLAINT FOR CUSTODY 1. The plaintiff is Sam David Waring, hereinafter referred to as Father. Father's current residence is 711 Hanover Manor, Apt. F-101, Carlisle, Pennsylvania, 17013. 2. The defendant is Amber Kocher, hereinafter referred to as Mother, resides at 165 W. North St., Carlisle, PA 17013. 3. Father and Mother are the parents of two children: Kameryn Waring Born: February IS, 2001 Adrianna Waring Born: November 1,2003 4. The Mother and Father have never been married. 5. Kameryn and Adrianna are is presently in the custody of Mother. 6. During children's lifetime, they have resided with the following persons at the addresses indicated: Name Address Date Mother, Father, and Kameryn Kocher 107B Lincoln Street Carlisle, PA 17013 February 15, 2001- February 2002 Mother, Father, Kameryn and Adrianna Kocher 711 Hanover Manor Carlisle, P A 17013 February 2002- October 2004 Mother, Adrianna, Kameryn and Deborah Valencik Dillsburg October 2004- December 2005 Mother, Adrianna and Kameryn 165 W. North St. December 2005- Present 8. Kameryn is autistic and has many behaviors that are difllicult to cope with. She also has special educational, social and emotional needs. 9. Since December of 2005, Mother has sporadically, erratically and unpredictably left children with the Father, called the police to take the children to the Father, and asked the Father to take both children. 10. Father has not participated as a party or witness, or in arlother capacity, in other litigation concerning the custody of Kameryn or Adrianna in this or another court. 11. Father has no information of a custody proceeding concerning Kameryn or Adrianna pending in a court of this Commonwealth. 12. Father does not know of a person not a party to the proceedings who has physical custody of Kameryn or Adrianna or claims to have custody or visitation rights with respect to Kameryn or Adrianna. 13. The best interest and permanent welfare of Kameryn and Adrianna will be served by granting the relief requested for reasons including, but not limit,ed to the following: a) Father has a stable home environment that is safi: and appropriate for the children; b) Father is willing to communicate with and work cooperatively with the Mother to co-parent his daughters and will encourage both the mother/daughter and father/daughter relationship. c) Father is more mature and has a better temp,erament for handling Kameryn's disability and attending to her special needs; d) Father has been steadily employed at Carlisle Tire and Wheel since 1998 and can provide for his daughters' needs. 14. Mother has not acted in the best interest of Kameryn or Adrianna in ways including but not limited to the following: a) Mother either refuses to allow Father to see the girls, or, alternatively, asks him to take full responsibility for them. b) Mother repeatedly tells her children that she has no life because of them and otherwise acts unwisely and immaturely in their presence. c) On August 16, 2005, mother called father and d,emanded he take Kameryn off of her hands. When Father played Mother's phone call to the police, the police went to Mother's residence and removed the child and put the child in father's custody. Approximately one week later, Mother snatched the child from the Father causing Kameryn anguish and distress. d) Mother prevents the healthy development of a bond between Father and his daughters by refusing to allow them to have regular contact with each other. e) Father fears that without a custody order in place, Mother will continue to deprive him of regular contact with daughters which will further deteriorate their relationship and cause the children unnecessary distress; f) Because of her disabilities, Kameryn in particular is in need of a steady and loving environment which father can provide. 15. Each parent whose parental rights to Kameryn and Adrianna have not been terminated and the person who has physical custody of Kameryn and Adrianna have been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: a) Grant him primary custody of Kameryn and Adrianna; b) Grant Mother periods of partial custody of Kameryn and Adrianna based on a schedule that accommodates both parents; c) Establish an appropriate holiday schedule so that each party is able to have time with Kameryn and Adrianna. d) Order that the parents shall share transportation responsibilities; e) Order both parents to attend parenting classes to improve their communication skills and cooperation in child-rearing; f) Any additional relief the court deems proper. Respectfully submitted, ^-C.L Gr ce E. D' Alo At rney for Plaintiff Id Penn Legal St:rvices 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 !\') 'cOO VERIFICATION The above-named plaintiff, Sam David waring, verifies that the statements made in the above complaint For custody are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: $- Oib 0 ~~ .d _/tJ.~ Sam David waring l:> SAM DAVID WARING, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLA''ID COUNTY, : PENNSYL V ANlA vs. : NO. 05-4327 : CNIL TERM AMBER KOCHER, Defendant : CUSTODY CERTIFICATE OF SERVICE I, Grace E. D' Alo, ofMidPenn Legal Services do hereby swear that I served AMBER KOCHER with a Complaint in Custody on AugustLk-, 2005, by U S. Mail, First Class and by Registered Mail at the following address: Robert L. O'Brien O'Brien, Baric & Scherer 19 West South Street Carlisle, P A 17013 I, Grace E. D' Alo, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Ps.C.S. Section 4904 relating to unsworn falsification to authorities. ?;\'7 r ~ Date: . '--- "" 0:, .~C-~;\) ~ race E. D' Alo anaging Attorney MidPenn Legal Services 8 Irvine Road Carlisle, PA 17013 1 () "-, 0 = c_".-. c.".;) -n ~'J1 J::-.;-. -l ... c: :1: "II C") rn r ~~~ rTi f'.' '7 0" c-:) '-'.., "':' (~ =;.... : :) en ,,~, -I '_r' :11 N '-< AMBER KOCHER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4327 CIVIL ACTION LAW SAMUEL WARING 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 Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 31,2005 , the conciliator, at 3:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the confercnce may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, E.sq. .y 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 HA VE AN A HORNEY 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 . ~ ~.# ~ ~ ~ >>01:.8 ~~~ ~ ~ ~~ .50'0[..$ ~ r7 f;:? 2 ~ ~..pf' y-oF-.$ , v:r'~-V/rL\s:\.!r\}::d A.LNnc~'~' '. '-;';1/>10" ..,,1"10 L i'J:8 !Ad OS ~Jn1j ~DOZ i u' 'I-r f'''', ;c-: ",'~ I ' II' \' i\ji"'U"~;' \'ld :JHl JO ,.,. _~;., ~';;.:-' ,~~, ...I -J J0!:,-.',}"U:JlI::! AMBER M. KOCHER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. SAMUEL WARING : NO. 2005 - 4327 CIVIL TERN! ORDER OF COURT AND NOW, this 29TH day of AUGUST, 2005, at the r'~quest of Plaintiffs counsel the hearing scheduled for Monday, August 29, 2005, at 4:00 p.m. has been rescheduled for WEDNESDAY. AUGUST"31, 2005, at 3:00 p.m. before, Hubert X. Gilroy, Esquire, Custody Conciliator. Edward E. Guido, J. Robert L. O'Brien, Esquire For the Plaintiff Samuel Waring 711 Hanover Manor, Apt. 101 Carlisle, Pa. 17013 :sld AMBER M. KOCHER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. SAMUEL WARING : NO. 2005 - 4327 CIVIL TERM ORDER OF COURT AND NOW, this 29TH day of AUGUST, 2005, at th,~ request of Plaintiffs counsel the hearing scheduled for Monday, August 29, 2005, at 4:00 p.m. has been rescheduled for WEDNESDAY, AUGUST 31. 2005. at 3:00 p.m. before Hubert X. Gilroy, Esquire, Custody Conciliator. Edward E. Guido, 1. Robert L. O'Brien, Esquire For the Plaintiff Samuel Waring 711 Hanover Manor, Apt. 101 Carlisle, Pa. 17013 P>f= y. :3 ot>{ +... :sld L S :21 I'd os :Jnv SIJDZ AHVIO:k,iLCJd :JHl :JO 38r!:(){i:111~ , AMBER KOCHER, Plaintiff , I">C'CEfl.iC'D r"p r () 'OOS i\lo- . ''- \..11... v U '" r~\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4327 CIVIL ACTION - LAW SAMUEL WARING, Defendant IN CUSTODY COURT ORDER AND NOW, this (, v'^ day of September, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Amber M. Kocher, and the Father, Samuel Waring, shall enjoy shared legal custody of Kameryn Marcella Waring, born February 15, 2001, and Adrianna Shai Waring, born November 1, 2003. This shared legal custody arrangement is such that all health providers, schools, educators, counselors, and other similar professionals are hereby authorized to deal with both parents in connection with the minor children and provide information equally to both parents. 2. Physical custody shall be handled on a shared physical custody arrangement. The parties shall share physical custody equally on a week on/week off basis. Exchange of custody shall be Sunday evening at 5:00 p.m. The parties shall alternate the weeks with the Father enjoying custody starting on Sunday, September 4,2005. 3. The parties may modify the custody schedule set forth above as they agree. Absent an agreement, this schedule shall control. 4. In the event the Mother is incarcerated, Mother shall notify Father and Father shall have primary physical custody of the minor children at that time. 5. In the event the parties become dissatisfied with this Custody Order, the parties may file a petition to modify the Custody Order, at which time the matter will again be referred to the Custody Conciliator for a conference. Additionally, in the event there is any dispute with respect to arranging custody on holidays, legal counsel for the parties may contact the Conciliator directly to have a conference scheduled via telephone conference with the Attorneys and the Conciliator in order to address those issues. Cc: Edward F. Guido, Judge , . \ ~," ;,-,'"-,- ZZ :& H'd L - ,JJS soez 'r. ;:)\.j - ---- AMBER KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 05-4327 CIVIL ACTION - LAW SAMUEL WARING, Defendant IN CUSTODY Prior Judge: Honorable Edward F. Guido 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: Kameryn Marcella Waring, born February 15, 2001 Adrianna Shai Waring, born November 1, 2003 2. A Conciliation Conference was held on August 31, 2005, with the following individnals in attendance: The Mother, Amber Kocher, with her counsel, Robert L. O'Brien, Esquire The Father, Samuel Waring, with his counsel, Grace E. D' AIo, Esquire 3. The parties agree to the entry of an Order in the form as attached. Date: y~(~ or a . Gilroy, Esquire Conciliator AMBER KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 2005-4327 CIVIL TERM SAMUEL WARING, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER 1. Plaintiff is Amber M. Kocher, an adult individual currently residing at 149 A Street, Apartment 1, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Samuel Waring, an adult individual currently residing at 233 North Bedford St., Apt. 1, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks a custody modification by way of primary physical custody for the following children: Kameryn Marcella Waring, age 5, born on February 15,2001 and Adrianna Shai Waring, age 3, born on November 1,2003. Plaintiff and Defendant (the "Parties") are the parents of Kameryn and Adrianna. Both children were born out of wedlock. The children are presently in the split physical custody of each Party pursuant to Custody Order No: 2005-4327 dated the 6th of September 2005 (see attached). The Parties have not followed this order since May 2006, at which time Plaintiff assumed full custody of the children. 4. The relationship of the Plaintiff to the children is that of natural father. 5. The relationship of the Defendant to the children is that of natural mother. 6. The Parties participated as parties in the prior custody action, No. 2005-4327. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or in any other state. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent well-being of the children will be served by granting the relief requested. \\THEREFORE, Plaintiff requests this Honorable Court to grant her primary physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER )li2tftiJ Robert J. Diu ey, Esquire I.D. # 203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Petition for Modification of Custody Order are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. /'......, \....../~~'^ ^ D ~ .\Lc)C R. 0 J. Amber Kocher - Date: December \'6'~' 2006 , . \. .. oJ '- I I' V'__' I l./T :T. " R C' C E' \ " !:' n C '70 (' 6 '005 . ~ , f '- J VL-J v L. ~\ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA AMBER KOCHER, Plaintiff NO. 05-4327 CIVIL ACTION - LAW SAMUEL WARING, Defendant IN CUSTODY ~OURT ORDER AND NOW, this (, It^ day of September, 2005, upon consideratiou of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Amber M. Kocher, and the Father, Samuel Waring, shall enjoy shared legal custody of Kameryn Marcella Waring, born February 15, 2001, and Adrianna Shai Waring, born November 1, 2003. This shared legal custody arrangement is such that all health providers, schools, educators, counselors, and other similar professionals are hereby authorized to deal with both parents in connection with the minor children and provide information equally to both parents. 2. Physical custody shall be handled on a shared physical custody arrangement. The parties shall share physical custody equally on a week on/week off basis. Exchange of custody shall be Sunday evening at 5:00 p.m. The parties shall alternate the weeks with the Father enjoying custody starting on Sunday, September 4, 2005. 3. The parties may modify the custody schedule set forth above as they agree. Absent an agreement, this schedule shall control. 4. In the event the Mother is incarcerated, Mother shall notify Father and Father shall have primary physical custody of the minor children at that time. 5. In the event the parties become dissatisfied with this Custody Order, the parties may file a petition to modify the Custody Order, at which time the matter will again be referred to the Custody Conciliator for a conference. Additionally, in the event there is any dispute with respect to arranging custody on holidays, legal counsel for the parties may contact the Conciliator directly to have a conference scheduled via telephone conference with the Attorneys and the Conciliator in order to address those issues. Cc: Grace E. D' Alo, Esquire Robert L. O'Brien, Esquire ~'~......,." i ~'0~. ~ ~..;.'\\..:;\~~.d \l"~ ", q/ <lIne::.. AMBER KOCHER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-4327 CIVIL ACTION LAW SAMUEL WARING 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 Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, Aue:ust 31,2005 , the conciliator, at 3:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: /s/ Hubert X Gilrov, Esq. Custody Conciliator :i The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please 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. ~~~~e~ Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3f)fUE' I" Testimony ~~py FRO~A RECORD end the seal of sa ~~~' I here unto set my hand l'hi..30 I OUrt at Carlisle, Pa, S ....... day f ~ .............. 0 . ............, ~ ... ~/~~-'"" ........ ...............r~ K ~ 7' ... ..................~P;~;h~~~t;~~~.. "r'::,; ~ .--.. I J ~ l/ '.~ ~' '><-1 ,;1 C-'. '. AMBER KOCHER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-4327 CIVIL ACTION LAW SAMUEL WARING DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 20, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at_________i~h Floo~-, Cum~~rland Coun!y- Courthouse, Carlisle on _~~~ay, January 19,2007 at _~:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X Gilrov, Esq. 11111 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the co1lI1, 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 ~. k;11f:7".J ~r ,pp~ tkf-'7 / . 'tJf fI " Jr .. I v r -< . '}J (1C' y; ~ () ~1J ? rfrlf'V:: 7?1J!ll, .j(; 0 ('- U t.rv ~ ~,I'(l'tJ'lf tJoJ I-IYlJ 'ld iJC"f.! , , ~ ~ Cf~,~ - FEB 0 5 2007~ 7 .. " AMBER KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW SAMUEL WARING, Defendant NO. 05-4327 IN CUSTODY COURT ORDER ~ AND NOW, this ~ day of February, 2007, upon consideration of the attached Custody Conciliation report, this Court's prior Order of September 6, 2005 is vacated and replaced with the following Order: 1. The mother, Amber M. Kocher, and the father, Samuel Waring, shall enjoy shared legal custody of Kameryn Marcella Waring, born February 15, 2001 and Adrianna Shai Waring, born November 1,2003. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods oftemporaryphysical custody with the minor children as follows: a. On alternating weekends from Friday 5:00 p.m. until Sunday at 5:00 p.m. b. On the week following father's weekend with the minor children, he shall also have custody ofthe minor children on Tuesday and Wednesday evening from 5 :00 p.m. until 8:00 p.m. c. At such other times as agreed upon by the parties. 4. The parties shall work with each other in connection with the above order and after a few months where this Order has been in place the parties shall discuss the possibility of expanding this time or modifying the Order as appropriate. ,.. ~ 5. In the event either parent desires to modify this Order and the parties cannot agree upon a modification, legal counsel for that parent may contact the Custody Conciliator directly to schedule another Custody Conciliation in this case. Judge Edward E. Guido cc: Robert J. Dailey, Esquire Grace E. D'Alo, Esquire > ~ ~ ;2.01 -01 ~. F:IFILESIDA T AFILElGeneral\Currentl123211Kocher v Waring report and order OS :21 vld 8- 83JLODZ ,. ~ AMBER KOCHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW SAMUEL WARING, Defendant NO. 05-4327 IN CUSTODY Prior Judge: Edward E. Guido 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: Kameryn Marcella Waring, born February 15,2001 and Adrianna Shai Waring, born November 1,2003. 2. A Conciliation Conference was held on February 1,2007, with the following individuals in attendance: The father, Samuel Waring, with his counsel, Grace E. D' Alo, Esquire and the mother, Amber Kocher, with her counsel, Robert 1. Dailey, Esquire. 3. The parties agree to the entry of an Order in the form as attached. DATE: February 5,2007