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HomeMy WebLinkAbout07-1011AMANDA MICHELLE SILSBY, PLAINTIFF VS. JASON ALLEN DAVIS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO.07 - 1611 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 AMANDA MICHELLE SILSBY, PLAINTIFF VS. JASON ALLEN DAVIS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO.01- 101 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, AMANDA MICHELLE SILSBY, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Mother") is AMANDA MICHELLE SILSBY, who currently resides at 5320 Oxford Drive, Apt. 96, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant (hereinafter sometimes referred to as "Father") is JASON ALLEN DAVIS, who currently resides at 2440 Old Trail Road, Apt. #N, York Haven, York County, Pennsylvania, 17370-9737. 3. Plaintiff seeks Shared Legal and Primary Physical Custody of the following child: Name Present Residence Date of Birth COURTNEY LEEANN DAVIS 5320 Oxford Drive June 1, 2001 Mechanicsburg, PA 4. The child was born out of wedlock. 5. The child is presently in the custody of the Plaintiff, who resides at 5320 Oxford Drive, Apt. 96, Mechanicsburg, Cumberland County, Pennsylvania, 17055 6. addresses: Since birth the child has resided with the following persons at the following PERSONS Plaintiff and Defendant Plaintiff Plaintiff ADDRESS 13 Springer Lane New Cumberland, PA 493 Rt. 15 North Dillsburg, PA 5320 Oxford Drive Mechanicsburg, PA DATES Birth to 2004 September 2005 to July 2006 July 2006 to Present 7. The Mother of the child is the Plaintiff, Amanda Michelle Silsby, who currently resides at 5320 Oxford Drive, Apt. 96, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Father and Mother were never married. 8. The Father of the child is the Defendant, Jason Allen Davis, who currently resides at 2440 Old Trail Road, Apt. #N, York Haven, York County, Pennsylvania, 17370-9737. 9. The relationship of the Plaintiff, Amanda Michelle Silsby, to the child is that of the Natural Mother. Mother resides at 5320 Oxford Drive, Apt. 96, Mechanicsburg, PA 17055. 10. The relationship of the Defendant, Jason Allen Davis, to the child is that of the Natural Father. Father resides at 2440 Old Trail Road, Apt. #N, York Haven, PA 17370-9737. 11. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Mother has always been and continues to be the primary caregiver of the child; B. Father rarely interacts with the child when he has her for visitation; C. Father frequently takes the child to his parents when he has her for visitation; D. Father often takes the child to work and she is left to sit alone watching television while Father works; E. Father frequently argues and threatens Mother regarding the times and terms of his visitation with the child; F. Mother has great love and concern for her daughter; G. Mother does not believe the environment of arguments and threats are good for her daughter to be exposed to. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, Plaintiff, AMANDA MICHELLE SILSBY, requests this Honorable Court award the Plaintiff, AMANDA MICHELLE SILSBY and the Defendant, JASON ALLEN DAVIS, SHARED LEGAL CUSTODY of the parties' minor child, COURTNEY LEEANN DAVIS and the Plaintiff, AMANDA MICHELLE SILSBY, PRIMARY PHYSICAL CUSTODY and the Defendant, JASON ALLEN DAVIS, PARTIAL PHYSICAL CUSTODY of the minor child, COURTNEY LEEANN DAVIS. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: February, 2007 Susan Kay i Counsel for PA I.D.#fr 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: 6q_ k ? R - i DA miciftELM SILSBY <:p Q °Ica --c ?t cza N 0 CD r'71r- ;irn --c AMANDA MICHELLE SILSBY IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JASON ALLEN DAVIS DEFENDANT • 07-1011 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 27, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, March 29, 2007 at 9:00 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/ Dawn S. Sunda Es q. 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 Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t , od 81 •11 [-IJ 8Z 83.E LOOZ 3HI 20 30i1°0-t?R3 (51 DR 0 4 1007, AMANDA MICHELLE SILSBY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-1011 CIVIL ACTION LAW JASON ALLEN DAVIS Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Amanda Michelle Silsby, and the Father, Jason Allen Davis, shall have shared legal custody of Courtney Leeann Davis, born June 1, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following alternating weekly schedule: A. During Week I, the Mother shall have custody of the Child overnight on Monday and Tuesday, the Father shall have custody overnight on Wednesday and Thursday, and the Mother shall have custody of the Child overnight on Friday and the Father shall have custody overnight on Saturday and Sunday. B. During Week 11, the Mother shall have custody of the Child overnight on Monday and Tuesday, the Father shall have custody of the Child overnight on Wednesday and Thursday, and the Mother shall have custody of the Child overnight on Friday, Saturday and Sunday. C. The schedule set forth in this provision shall begin with the Father having custody of the Child overnight on Saturday, March 31, 2007. D. The specific times for exchanges on the designated days shall be arranged by agreement between the parties. E. Following the Father's weekend periods of custody, the Father shall transport the Child to school on Monday morning and when the Child does not have school on Monday, the Father shall transport the Child to the Mother's residence on Monday morning. F. In the event the Father is unable to pick up the Child at daycare by 5:30 p.m. on Thursdays, the Father shall notify the Mother in advance so that the Mother can pick up the Child at daycare and provide care for the Child until the Father picks up the Child after work. In the event the Father is not able due to work to pick up the Child at the Mother's residence by 7:30 p.m. on Thursday evening, the Mother shall retain custody of the Child overnight if there is school the following day. ? . 'ti 3. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 4. Each party shall be entitled to have custody of the Child for vacation during the summer each year for 2 weeks, which shall be scheduled non-consecutively unless otherwise agreed between the parties. The parties shall provide each other with 30 days advance notice of a schedule vacation week under this provision and the party providing notice first shall be entitled to preference on his or her selection of vacation weeks. 5. The non-custodial parent shall contact the custodial parent by telephone every Sunday night between 3:00 p.m. and 9:00 p.m. to discuss any developments or other issues concerning the Child. 6. The parties agree that neither of them may initiate proceedings to modify the current child support order based on the custodial schedule set forth in this Order. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Susan Kay Candiello, Esquire - Counsel for Mother y /? d 7 William L. Grubb, Esquire - Counsel for Father Ap_t" I ! CI ptj c) I `EA 10OZ .. . -1 AMANDA MICHELLE SILSBY Plaintiff vs. JASON ALLEN DAVIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1011 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Courtney Leeann Davis June 1, 2001 Mother 2. A custody conciliation conference was held on March 29, 2007 with the following individuals in attendance: the Mother, Amanda Michelle Silsby, with her counsel, Susan Kay Candiello, Esquire, and the Father, Jason Allen Davis, with his counsel, William L. Grubb, Esquire. 3. The parties agreed to entry of an Order in the form as attached. acp -7 Date Dawn S. Sunday, Esquire Custody Conciliator LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 AMANDA MICHELLE SILSBY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. JASON ALLEN DAVIS, Defendant NO. 07-1011 CIVIL ACTION - LAW CUSTODY PETITION FOR CONTEMPT AND MODIFICATION OF ORDER OF COURT AND NOW, this day of May, 2007, comes the Plaintiff above named, Amanda Michelle Silsby, by her Attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Your Petitioner is Amanda Michelle Silsby, an adult individual currently resides at 5320 Oxford Drive, Apartment 96, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is the Defendant above named, Jason Allen Davis, an adult individual currently residing at 2440 Old Trail Road, Apartment N, York Haven, Cumberland County, Pennsylvania. The Respondent was previously represented by Attorney William L. Grubb whose office is located at 3303 Gettysburg Road, Camp Hill, Pennsylvania 17011. 3. Attached hereto and marked Exhibit "A" is a copy of the Order of Court dated April 13, 2007, wherein the parties had reached an agreement regarding shared legal and physical custody of their daughter, Courtney Leann Davis, born June 1, 2001. 4. Since the Conciliation Conference held on or about March 29, 2007, and the subsequent entry of the Order dated April 13, 2007, the Respondent has violated the terms of the Order as follows: a. Paragraph 2. F. provides that if father is unable to pick the child up at daycare by 5:30 p.m. on Thursdays, he is to notify mother in advance permitting mother to pick the child up at daycare until the father is able to retrieve the child after work. If father is unable to pick the child up at mother's residence by 7:30 p.m. on Thursdays, mother is to retain custody of the child overnight if there is school the following day. Since the entry of the Order, father has failed to permit mother to pick the child up at daycare and retain her. In the alternative, he picks the child up daycare and takes her to his work, a pizza shop, or has his girlfriend pick 2 the child up at daycare and permits his girlfriend to watch the child until he has completed his work after 7:30 p.m. b. Father has never exercised his ability to telephone the minor child on his non-custodial Sunday evenings and has failed to contact the mother to discuss any developments or other issues concerning the child as provided for in Paragraph 5. of the Order C. The Court Order requires the parties share or alternate custody of the child on holidays as arranged by agreement. Mother requested time on Mother's day, May 13, 2007 and called the father the Friday and Saturday prior to Mother's Day as well as Sunday during the day. Father failed to permit any contact between mother and child on Mother's Day, with the exception of returning her telephone calls at 9:00 p.m. on Sunday, May 13, 2007 so that she could say goodnight to the child. d. Father obtained the child's report card on one of his days and never showed it to the mother and never provided a copy to the mother and never told mother about the report card, in violation of Paragraph 1. of the Order of Court. 3 e. Your Petitioner and the Respondent are unable to speak and the Respondent fails to return telephone calls to your Petitioner regarding a holiday schedule to be mutually agreed upon pursuant to Paragraph 5. of said Order. 5. Your Petitioner intends to move to Silver Spring Township - the Cumberland Valley School District - and respectfully requests the child be permitted to attend the Cumberland Valley School District. 6. The minor child is currently enrolled in the West Shore School District. 7. Your Petitioner believes that it is the best interest of her daughter that she be granted primary physical custody with partial custody rights in the Respondent, Jason Allen Davis. 8. Your Petitioner believes that it is in the best interest of her daughter that she be permitted to see a Psychologist or Licensed Social Worker to discuss with the child the child's preference as a result of her age, being six (6) years old. 9. Your Petitioner believes that the current schedule under the Court Order dated April 13, 2007 is disjointed and is not in the child's best interest as she does not know where she will be on any given day. 4 WHEREFORE, your Petitioner, Amanda Michelle Silsby, by her Attorney, Diane M. Dils, Esquire, respectfully prays your Honorable Court to find the Respondent in contempt of the Order dated April 13, 2007, and to award primary physical custody of the minor child to your Petitioner, with partial custody in the Respondent, Jason Allen Davis. Respectfully submitted, BY: Diane MVO Is, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 5 EXHIBIT "A" AMANDA MICHELLE SILSBY Plaintiff VS. JASON ALLEN-DAM' ' Defendant' APR 04 2007 ply IN THE ' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1011 CIVIL ACTION LAW IN CUSTODY 11 ORDER OF COURT AND NOW, this l3 day of 2007, upon consideration of the attached Custody. Conciliation R ort, it is ordered and directed as follows: 1 The Mother, Amanda Michelle Silsby, and the Father, Jason Allen Davis, shall have shared legal custody of Courtney Leeann Davis, born June 1, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, =but not limited to, all decisions regarding her health, education and religion. 'Each parenfsW be entitledito'have equal access to all records and information pertaining•t6the'Child`includirig,Ibutiriot li riited.to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following alternating weekly-schedule: A. During Week I, the:Mother"shall have custody of the Child overnight on Monday and Tuesday, the Father'sha11 have custody`ovemight on Wednesday and Thursday, and the Mother shall have'custody of the Child overnight on Friday and the Father shall have custody overnight on Saturday and Sunday: B. During Week II, the Mother shall have custody of the Child overnight on Monday and Tuesday, the'Father shiafhave custody of the Child overnight on Wednesday and Thursday, and , the Mother shall have `custody of the Child overnight on Friday, Saturday and Sunday. C. The schedule set forth in this provision shall begin with the Father having custody of the Child overnight on Saturday, March,31, 2007. D. I The`specific times for exchanges on the designated days shall be arranged by agreement between,the'parties., E."•Following the Father's weekend periods of custody, the Father shall transport the Child to, school on Monday mor'nin'g; and when.the Child. does not have school on Monday,. the Fath er shall transport the Child to the Mother's residence on Monday morning.- F. In the event the Father is"unable.to pick up the Child at daycare by.. 5;30 p.m. on Thursdays; the=Father shall- notify the Mother in advance so that the Mother can pick up the Child at daycare and provid'e' care,for' the'Child:until the-Father picks up?the Child after work. In the event the Father is not able due to work to pick up the Child at the Mother's residence by 7:30 p.m. on Thursday everak the Moil i er?'sli?ll-retail °oustody of the Child overnight if there is school the following -day. 3. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 4. Each party shall be entitled to have custody of the Child for vacation during the summer each year for 2 weeks, which shall be scheduled non-consecutively unless otherwise agreed between the parties. The parties shall provide each other with 30 days advance notice of a schedule vacation week under this provision and the party providing notice first shall be entitled to preference on his or her selection of vacation weeks. 5. The non-custodial parent shall contact the custodial parent by telephone every Sunday night between 3:00 p.m. and 9:00 p.m. to discuss any developments or other issues concerning the Child. 6. The parties agree that neither of them may initiate proceedings to modify the current child support order based on the custodial schedule set forth in this Order. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Susan Kay Candiello, Esquire - Counsel for Mother William L. Grubb, Esquire - Counsel for Father ME COPY FROM HECoHr, q TOMMY whereof, I hereunto set any hanc .nd the. of said Court at Garble, pa 92 ec J* of ., ._? Prothdnr?r VERIFICATION I verify that the statements made in this petition for Contempt and Modification-of Order of Court are true and'correct. I understand that false statements herein are made subject to the penalties of 18 Fa. C.S. Section 4904 relating to unsworn falsification to authorities. AMANDA MICHELLE WLSBY Date: May 29, 20.07 m -a AMANDA MICHELLE SILSBY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON ALLEN DAVIS DEFENDANT 07-1011 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, June 04, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, June 28, 2007 at 9:00 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/ Daum S. Sunda Es q. 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 Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 vi IICA? / 011-0? 49, - 81 :C Wd ?- PIr LODZ ,l '-'d 341180 301J?O-Gllid SHERIFF'S RETURN - REGULAR CASE NO: 2007-01011 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SILSBY AMANDA MICHELLE VS DAVIS JASON ALLEN MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon DAVIS JASON ALLEN the DEFENDANT at 1555:00 HOURS, on the 6th day of March at MIAS NIKOLIS PIZZA PARLOR 3904 OLD GETTYSBURG ROAD CAMP HILL, PA 17011 JASON DAVIS by handing to a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.44 Postage .39 Surcharge 10.00 .00 41.83 Sworn and Subscibed to before me this day of , 2007 So Answers: R. Thomas Kline 03/07/2007 SUSAN CANDIELLO By: Deputy Sheriff A. D. JUL S S 2007p9i AMANDA MICHELLE SILSBY Plaintiff VS. JASON ALLEN DAVIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1011 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT ?? AND NOW, this '.Y day of _L \ y , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 13, 2007 is vacated, with the exception of the physical custody schedule set forth in paragraph 2, which shall continue in effect until such time as the alternating weekly custody schedule set forth in this Order becomes effective on August 26, 2007. 2. The Mother, Amanda Michelle Greene, formerly Silsby, and the Father, Jason Allen Davis, shall have shared legal custody of Courtney Leeann Davis, born June 1, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. Beginning on Sunday, August 26, 2007, the parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place on Sundays at 4:00 p.m. The alternating weekly schedule shall begin with the parent who did not have custody for the weekend ending on August 26. During the Father's weeks of custody, the Mother shall have custody of the Child on Thursday from after school until the following Friday morning when the Child shall ride the bus to school from the Mother's residence. On days when the Father works until 9:00 p.m. during his custodial weeks, the Mother shall have custody of the Child from after school until 7:30 p.m. when the Father's friend, Kathy, may pick up the Child at the Mother's residence. During the Mother's weeks of custody, the Father shall have custody of the Child from after school on Wednesday when the Father shall pick up the Child at the Mother's residence through the following Thursday morning, when the Father shall transport the Child either to school or to the bus stop. 4. The parties agree that the Child shall be enrolled in the Cumberland Valley School District beginning in the 2007-2008 school year as the Mother will be residing in that school district beginning in August 2007. 5. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: The Thanksgiving holiday period shall run from the Wednesday before Thanksgiving at 7:00 p.m. through Thanksgiving Day at 7:00 p.m. The Mother shall have custody of the Child for Thanksgiving in odd numbered years and the Father shall have custody in even numbered years. C. Easter: The Easter holiday period of custody shall run from the Saturday before Easter at 7:00 p.m. through Easter Sunday at 7:00 p.m. The Mother shall have custody of the Child for Easter in odd numbered years and the Father shall have custody in even numbered years. D. Memorial Day/July Fourth/Labor Dav: The party who has custody of the Child under the regular custody schedule shall have custody for the Memorial Day, July Fourth and Labor Day holidays. E. Mother's Day/Father's Dav: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day from 9:00 a.m. until 7:00 p.m. on the Sunday holiday. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Each party shall be entitled to have custody of the Child for vacation during the summer each year for two (2) weeks, which shall be scheduled non-consecutively unless otherwise agreed between the parties. The parties shall provide each other with thirty (30) days advance notice of a scheduled vacation week under this provision and the party providing notice first shall be entitled to preference on his or her selection of vacation weeks. 7. The parties shall participate in a minimum of three (3) sessions of co-parenting counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in addressing their different communication styles in an effort to establish sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall follow the recommendations of the co-parenting counselor including those with regard to the duration and frequency of the sessions. The parties shall select the counselor and contact the counselor's office within fourteen (14)days of the custody conciliation conference in order to schedule the first joint session. All costs of counseling shall be shared equally between the parties. 8. The parties agree that the Mother shall meet with the Father's significant other, Kathy, on July 22, 2007 at 3:30 p.m. at the Denny's restaurant on the Carlisle Pike in Mechanicsburg for the purpose of becoming acquainted and establishing ongoing cooperation in matters regarding the Child and the custodial schedule. 9. Unless otherwise agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange of custody. l 10. The parties shall cooperate in maintaining ongoing contact by telephone in order to exchange information pertaining to the Child. Both parties shall return telephone calls from the other party, if requested in the telephone message, on the same day if possible. 11. The parties agree that neither of them may initiate proceedings to modify the current child support order based on the custodial schedule set forth in this Order. 12.. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 13. The parties and counsel shall attend a follow-up conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, December 4, 2007 at 9:00 a.m. for the purpose of reviewing the custodial arrangements. Counsel for either party may contact the conciliator to schedule an earlier follow-up conference to address any major concerns regarding the Child's adjustment to the custodial schedule, if necessary prior to the December review. 14. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, M. L. Ebert, Jr. J. cc: iane M. Dils, Esquire - Counsel for Mother Xilliam L. Grubb, Esquire - Counsel for Father 4 AMANDA MICHELLE SILSBY Plaintiff VS. JASON ALLEN DAVIS Defendant Prior Judge: M.L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1011 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Courtney Leeann Davis June 1, 2001 Mother 2. A custody conciliation conference was held on July 17, 2007 with the following individuals in attendance: the Mother, Amanda Michelle Greene, formerly Silsby, with her counsel, Diane M. Dils, Esquire, and the Father, Jason Allen Davis, with his counsel, William L. Grubb, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator OCT 10 2007 AMANDA MICHELLE SILSBY Plaintiff vs. JASON ALLEN DAVIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1011 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 4th day of October, 2007, the conciliator, being advised by counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for December 4, 2007, is cancelled. FOR THE COURT, } Dawn S. Sunday, Esquire Custody Conciliator VIN VA IA N -q:;,J Lf -71 j- 10 :6 WV I 1 100 LOOZ MVIGiNUH-10-d 3HI d0 301d?.0--031U Y , LAW OFFICE OF DILS & DILS DIANE M. DILS, ESQUIRE 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Attorney for Plaintiff: Amanda Michelle Silsby AMANDA MICHELLE SILSBY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07-1011 JASON ALLEN DAVIS, : CIVIL ACTION - LAW Defendant, :CUSTODY AGREEMENT OF THE PARTIES AND NOW this Z9-&day of August, 2007, comes the above named parties, Amanda Michelle Silsby, and Jason Allen Davis, herein after referred to as Mother and Father respectively and intending to be legally bound, do hereby agree as follows. Mother and Father are the natural parents of one child; namely: Courtney Leeann Davis, born June 1, 2001. Currently there is an Order of Court dated July 23, 2007 in connection with the above custody caption, setting forth the physical custodial periods between the minor child and each parent. Father hereby agrees that as of Wednesday, August 29, 2007, he will not pursue the physical custodial periods between he and the minor child. The parties hereto agree that Mother shall retain full legal custody and physical custody of the minor child, Courtney Leeann Davis, born June 1, 2001. Father hereby agrees that he shall not pursue any periods of partial custody of his daughter at this time. As a result of Father agreeing to full legal and physical custody in Mother, Mother hereby agrees that the Support Order entered in the Court of Common Pleas of Cumberland County, Domestic Relations Office, shall be terminated effective Tuesday, August 28, 2007 and any and all arrearages will be waived by Mother. ti Mother hereby confirms that the Domestic Relations Office of Cumberland County shall be notified in writing immediately, if the same has not occurred prior to execution of this Agreement. It is the intention of the parties that Mother's current husband will pursue an adoption of the minor child, Courtney Leeann Davis; however, it is hereby understood and acknowledged between the parties that said adoption will not be occurring at this time. The parties hereto fully acknowledge their understanding and agreement that the terms set forth herein are effective as of Wednesday, August 29, 2007 and it is there intention to comply with the provisions of this Agreement. The parties hereto fully acknowledge there understanding that despite this Agreement, and prior to any adoption proceeding, that Father may reinstitute a custody action to reunite with his daughter. Father hereby understands that should he attempt to reinstitute a custody action, Mother at that time, may reinstitute the support action. The parties hereto fully acknowledge and understand that despite this Agreement, and prior to an adoption, Mother may reinstitute a support action and if she does so, Father may commence a custody action to reunite with his daughter. It is hereby acknowledged that it is Father's intention to execute a Consent of Natural Father permitting the adoption to occur upon request of the same. The parties hereto acknowledge that their intent with this Agreement shall be made an Order of Court through the custody proceeding and that all prior Orders are hereby vacated. Both Mother and Father have executed this Agreement after conferring with independent legal counsel as to the effect of this Agreement. Both parties hereto acknowledge their intent to comply with the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. EAL) 4ane?IMVI/011!6, r -Squire Amanda WMWSilsby 1 ? (SEAL) William L. Grubb, Esquire on Allen Davis C'J ? C7 C :. ? -rt tl? : " 7 " (Ji t l t` ? mot'°= fr`3 4=§? F a 3 OCT 102007" LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street First Floor Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 AMANDA MICHELLE SILSBY : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CLiMBERLAND COUNTY, PENNSYLVANIA VS. JASON ALLEN DAVIS, DEFENDANT : NO. 07-1011 : CIVIL ACTION -LAW : CHILD CUSTODY ORDER OF COURT AND NOW, THIS 17Th day of () L? , 2007, upon presentation and consideration of the within Agreement of the Parties, it is hereby Ordered that said Agreement is incorporated herein and made a part hereof. BY THE COURT: '?? ?' ?6 \. \ J. Dis ibution: iane M. Dils, Esquire, 1400 North Second Street, First Floor, Front, Harrisburg, PA 7102 Illiam L. Grubb, Esquire, 3803 Gettysburg Road, Camp Hill, PA 17011 J f ' 6Z :(y WY L1 100HOZ 30