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HomeMy WebLinkAbout00-08521 . .'"~", i '" .,"< .'",-"".._-..~, (;GUIDANCE , ASSOCIATES , OF .l'PENNSYLVANIA .. MAIN OFFICE 412 Erford Road Camp Hill, PA 17011 Stanley E. Schneider, Ed.D. Director Camp Hill: (717) 732-2917 Hershey: (717) 533-4312 Carlisle: (717) 245-2289 Chambersburg: (717) 263-9392 FAX: (717) 732-5375 April 8, 2003 Glenn C. Vaughn, Esquire 22 South Beaver Street York, PA 17401 Francis M. Socha, Esquire 2201 North Second Street Harrisburg, PA 17110 Re: Davis v Davis Cumberland County Court of Common Pleas No. 2000-8521 In Custody Dear Attorneys: . I am sending my findings and recommendations regarding custody of Kenneth James (KJ) who turned four on March 19, 2003. Currently, KJ lives with his mother, Shannon. His father, Jeffrey, has partial custody of KJ every other weekend. Jeff wishes primary custody of KJ. Both parents are involved with significant others. Chris Arnold lives with Shannon. Jeffrey is dating Rachael Wienrich. They do not live together. Each of the parents was interviewed and completed custody-related instruments including Life History Questionnaires, Parent Self-Report Data forms and a personality inventory, the Minnesota Multiphasic Personality Inventory - 2 (MMPI-2). They were also observed, on separate occasions, interacting with their children, Tracy, (Shannon's daughter), Randi and KJ. Chris was interviewed and given the same instruments as the parents; however, our office has not received them. Rachael was interviewed and completed a Self-Report Data form only. Randi was seen and interviewed when brought in by her father. Tracy was interviewed when brought in by her mother. In addition to family observations, KJ was seen alone with each parent on separate occasions. Additional information reviewed in the matter includes copies of the parents Custody Stipulation, their Modification to the Stipulation and the December 26, ~Comprehensive Psychological ~ervices . Drug and Alcohol Treatment:::::: ~'---"'" " ';"" \.,; I,J "'.' . ~'~--. <.---~""" ~i", Davis v Davis Page 2 ... 2000 Court Order. The custody conciliation conference report, as well as Jeffrey's Petition for Modification, was reviewed. Letters were received and reviewed from Maryjo Szada, M.D., regarding KJ, Kim Gentzler, KJ and Tracy's babysitter, Sandra Jackson, Shannon's sister, Theresa Sawyer, Shannon's mother and Phyllis Adams, a friend of Shannon's. Letters from Jacqueline Verney, Esq., December 8, 2000, from Randi's teacher, Ms. Eleanor Yoder, were reviewed. Home studies were conducted on 12/7/02 (Jeffrey) and 12/14/02 (Shannon). RANDI Randi'sreport cards from Kindergarten through her current third grade were reviewed. She is noted to be a good student. Teacher comments describe . Randi as being positive, helpful, and considerate. Randi lives with Jeffrey full ' time, per agreement of the parents, and attends Broad Street Elementary School in the Mechanicsburg Area School District. Randi is described as a delightful young lady who is cooperative and eager to learn. Randi readily explores new skills and generally completes her work quickly and accurately. She is demonstrating excellent growth in academic areas. The teacher notes Randi to be respectful to both adults and her peers. She is reportedly sensitive to the feelings of others and volunteers frequently to help with classroom chores. Jeffrey does not report any disciplinary problems with Randi; Shannon indicates that Randi is somewhat oppositional and challenging on the weekends she visits with Shannon. TRACY Tracy, Shannon's daughter who, for all intents and purposes, has been adopted by Jeffrey, is currently in the sixth grade. She receives good grades and is noted to be a pleasure to have in class; she is reportedly polite and hard working. When seen, Tracy continues to experience a sense of abandonment from Jeff, whom she perceives as her father. It was recommended to Jeff during the courSe ofthe evaluatioi'"l, that he establish and maintain regular contact with Tracy. He indicated that he is doing so; Shannon indicates that he is not. SHANNON Shannon's child management techniques are appropriate. It was noted tb,at both , she and Jeffrey would use pepper on the tongue if their children used profanity, " Her approach would be to reward positives and discipline with removal of privileges, use time out as well as an educational/teaching approach. Shannon's experiences in her own family indicate that her father followed a stern, "tough-love" approach to parenting. She could not recall her father ever praising . " " ~"'"'"~.~ . ~. Davis v Davis Page 3 " her. She reported that she wanted more love from her father. Unfortunately, she could not confide in either parent as she was growing up. Shannon would like to develop a cooperative co-parenting relationship with Jeffrey who she sees as being "angry and hateful" toward her. Shannon's personality inventory, consistent with others engaging in custody evaluations, suggests some evasiveness and reluctance to admit problems. However, her profile is valid. She is an expressive individual who may under- control certain emotions. She is assertive. Women with her profile tend to reject traditional feminine values, Interpersonally, they relate easily but may project an unfriendly demeanor. Generally, however, they have good social techniques. Her responses reflect a need for social approval, status and recognition. There is no evidence of any anxiety, depression or any other psychological distress or personality traits/features that would negatively impact or interfere with her parenting the children. Results of Shannon's home study raise a question regarding the sleeping arrangements for KJ. There is no door between his room and his mothers. Shannon is currently involved with Christopher Arnold. There is a question regarding the appropriateness of Shannon sleeping with Christopher when KJ is in the next room with no noted privacy. There is also an inoperable smoke detector leading to the makeshift upper level sleeping area. In light of the fact that there is only one way into this bedroom area and that both Shannon and Christopher smoke about a pack a day in their apartment, it is advisable to get the smoke detector in operating condition. Some of Christopher's children visit every other weekend. At one point in time, there can be up to seve!) children living in the second and third floors of what appears to be a converted house. The parenUchild office-based observation included Shannon, Tracy, Randi and KJ. KJ has a positive relationship with both sisters. He was seen as animated, socially comfortable, highly interactive and verbal. As the play session progressed, it was noted that Shannon spoke ,to. him in appropriate age-related language. Mother and son are close physically, played well together with Shannon assisting and instructing KJ as they engaged in a teaching activity. She reinforced his successes, explained and clarified when needed. There was relaxed, easy interaction. Both success and failure were handled well. Shannon seems to have good control over KJ.A lot of laughing and giggling was noted. At times it was observed that Tracy may want to take over. However, Shannon handled the situation appropriately. All the children were noted to be polite and respectful toward one another, as well as to their mother. On a separate occasion, Shannon was observed with KJ. She read to him in a soft voice. KJ looked tired at that contact. Apparently he missed his nap at the babysitters. However, he appeared to be very comfortable sitting on his mother's . ~ .-' "" . ~ r. '-H i~, i~ i ". ,_, '~_ Davis v Davis Page 4 , lap while drawing a picture. She fostered his independence and reinforced his productions. On this occasion, KJ was noted to be pleasant and easy going, physically close and comfortable with his mother. KJ can be very assertive. KJ drew a family picture, which included his mother, himself, and Tracy, then adding Chris, and finally including an imaginary friend. KJ spoke continuously. It was noted that his speech is somewhat immature; however, Shannon understands him. Mother commented on his drawing and indicated that he could place it on their refrigerator. Shannon rewarded KJ's efforts and acknowledged his success. She also corrected him when he began to use questionable language. Shannon noted that KJ is totally toilet trained while in her home. She expressed concern about Jeffrey's use of pull"ups. Regarding custody of KJ, Shannon indicated that she would agree with KJ being with Jeffrey one week each month in addition to the current every-other weekend. JEFFREY Jeff indicated that he has always wanted more contact with KJ. In Jacqueline Verney's letter of December 2000, she notes therein that Jeffrey, whom she represented, wanted shared legal custody of all the children, primary custody of Randi, and Tracy every other weekend, and alternating weeks with KJ. In my contacts with Jeffrey, he reiterated that he wants primary custody of KJ at this point. He stated he has no legal rights to Tracy even though he reports continuing to pay child support. Jeffrey is a thirty-three year old, self-employed general builder. He reports working between lam and 4 or 5 pm. His work is not seasonal. He currently lives with his parents. ' He has primary custody of Randi. Jeffrey and Shannon live twenty-five miles apart. He resides currently in Mechanicsburg; she resides in York Haven. All three of the children are together on weekends. Jeffrey filed for custody of KJ while Shannon wasliving with her former paramour. He is no longer in the picture. However, Jeffrey continues to wish to have primary custody of KJ believing that he could offer a more stable environment, more structure, more discipline and more attention to KJ. He expressed concern about KJ's lack of weight gain. The letter from Dr. Szada did not confirm Jeffs concern about KJ's weight. Jeff is building a bedroom for KJ. He had hoped to have it finished by the beginning of 2003. Jeff struggled to complete custody-related forms. He is dyslexic. In reviewing his child management techniques, Jeff would continue to show the children . ii, . 1', ,'j . ~ '. - _ 1 _ "~ <' ~~~ Davis v Davis Page 5 , responsibility and establish both positive and negative consequences for completing same. He currently pays Randi money for doing her weekly chores. He would exercise appropriate control. He has a good work ethic, which he would share with the children. Randi does not need assistance with homework as she is an excellent student. Jeff currently receives the support of his parent~. Randi is thriving in his care. In the short run, Jeff intends to remain with his parents. Should he relocate to his own living arrangement, the stability that he and Randi currently benefit from through Jeffrey's extended family would need to be addressed. Jeffrey acknowledges his temper can be problematic -- he reportedly was charged with or arrested for terroristic threats prior to his marrying Shannon. He admits to a charge of disorderly conduct in 1989. Apparently that situation escalated "from a mouth battle." There was also alcohol involved at that time: There does not appear to be any pattern of his losing his temper or having difficulty managing any of the children when they are with him. He does not use alcohol irresponsibly and does not use any other drug that would lower his inhibitions. ' Jeff struggled in school. He repeated the first grade. He admits to having "a lot of detentions for doing stupid s_ __." There are also a couple of suspensions from school. Jeffrey woulQ use family as a resource if KJ needed help with school work. If they were unavailable, he would get KJ a tutor. All of Jeffrey's clinical scales in his personality profile were within limits. His profile is consistent with an individual who tends to feel somewhat alienated, resentful and suspicious. They tend to be avoidant of others generally because they feel uneasy and awkward. Jeffrey under-presented, minimized and/or denied his history of anger, irritability and loss of temper. This was a major defensiveness noted in his profile. Jeffrey appears to be vulnerable to accumulating resentments over time with the potential of releasing his anger in unacceptable, possibly explosive ways. He would benefit from developing insights regarding his anger as well asan anger management program. On the positive side, his profile was consistent with individuals who are seen as resourceful, independent and self-reliant. They would show initiative and self-discipline. He has a good work ethic. At times, however, people with his profile may be seen as outspoken and nonconforming, if not rebellious, toward authority. CHRISTOPHER Chris was interviewed. He was provided, but did not complete, custody-related instruments. Chris and Shannon had been together since the fall of 2002. Chris is a thirty-two year old father with four children to three different women. Three of the children visit with him at Shannon's home every other weekend. On . ~ " ~~I 1 '.,'.-, Ii Davis v Davis Page 6 , occasion, Chris has been used for child care since his employment schedule had been flexible. He is the owner of a garden center. Chris' background reflects some instability. He quit school in the tenth grade indicating he wanted to be a rock star. He repeated the eighth grade. He started to use drugs and alcohol in early adolescence. He denies any current use. He had two DUl's, one in 1989 and one in 1992. A point of concern is his admission that he continues to drink but will not drink and drive. He may be a binge drinker in that he admits to drinking to get drunk. As a youngster, he admits to no focus and no direction. He matured when his first child was born when he was age twenty-one. His relationships with women have been shaky in the past. Chris and Jeffrey have never met. He does not want to get involved in the custody situation. The Davis children see Chris positively. Chris mentioned that he sees Shannon searching for something but he is not sure what that might be. Regarding their relationship, he admits that he is "feeling my way." RACHAEL Rachael Wenrich is currently involved with Jeff. She is a twenty-eight year old student. She has a Masters in Fine Arts from Columbia University. She completed Bachelor of Arts in English and Writing, from Utica College. Rachael had a traumatic event occur when she was at Utica. She is currently in therapy with a counselor in New York. She met Jeffrey in the spring of 2001. She moved to Central Pennsylvania to l3e near her mother. Rachael admits to engaging in somewhat of a caretaker relationship with others. She describes herself as being cautious. She enjoys her relationship with Jeff. She is aware of Jeff having a temper in the past. She does not have regular responsibilities for any of the Davis children. She is supportive and is around them on weekends. She said that she is not "trying to thrust myself on the family...1 am like an aunt." She and Randi have a good relationship. She and Jeffrey are slowly working on their relationship. At this time, she is not a significant parenting figure. Jeff, Rachael, Randi and KJ were observed in the office. Jeffrey and KJ played well together. He was instructive and reinforced KJ's successes. All four were on the floor playing a game. Each child took their turn easily. It was noted to be a relaxed, comfortable interaction that was characterized by a lot of conversation. Tickling and giggling was observed. There was close physical interaction between father and son. During a building activity, KJ sat comfortably on his father's lap. Jeffrey instructed and guided. KJ was patient and respectful in listening to his father. Good manners were noted. Both Rachael and Jeff reinforced KJ when he said, "thank you." Jeffrey read to KJ, identifying pictures and characters in the story as he read. KJ, at this contact, was attentive; he . ". ""~ ~'."~-" ~""" "-;'; '-' -, ~. . ';l~'~i' , Davis v Davis Page 7 , followed his father's reading. Jeffrey did well, given that he reportedly is dyslexic. Everyone cooperated when it came time to clean up. When Jeff was seen with KJ alone on separate occasions, it was noted to be an involved, focused, highly interactive relationship. Jeffrey was more directive. KJ wanted to color and Jeffrey told him to do something prior to coloring. KJ's picture included Jeffrey as part of his family. Jeffrey drew an outline of KJ's hand and then turned it into a picture of a turkey, which KJ had problems with. However, Jeffrey helped identify body parts and the two of them began to laugh. They appear to have a relaxed relationship. Jeff tries to be instructive but on this occasion there was less acknowledgement of KJ's attempts and efforts. At times, their interaction was more parallel versus interactive. KJ has a good ego. He is verbal, socially comfortable, and assertive. He had no trouble telling his dad that he, "messed up." Jeff exercised appropriate control although he tends to impose a bit more than Shannon. When it came time to clean up, Jeff began to put things away by himself but then asked KJ to help and KJ assisted. Both Shannon and Jeffrey have demonstrated effectiveness in their ability to parent. Tracy does well in her mother's primary physical custody. Randi appears to have developed a stable routine, has made friends, has acclimated to the neighborhood school and local church, where she participates in a number of extra-curricular activities. She also appears to enjoy the attention provided by her grandparents and other relatives in Jeffs family. Jeff wishes primary physical custody of KJ. Shannon, at this time, is willing to offer Jeff one week in addition to every other weekend. Based on background information, results of custody-related instruments, observation and test findings, I am recommending that Shannon's current willingness to have KJ live with Jeff one week a month be initiated, in addition to every other weekend. Assuming that KJ does well with this schedule, I am recommending, at the end of two months that an alternating weekly schedule be established for KJ. He is at a developmental stage where he can handle being absent from a primary caretaker for periods of time. He is a secure, somewhat independent, self-assured, four-year-old youngster. He should not have any difficulty with an alternating weekly schedule. This schedule could go through the summer. Once KJ reaches school age, ' given that the parents live in tWo different school districts, I am suggesting that an update be conducted for the purposes of recommending where KJ should live, primarily, once formal schooling begins. My recommendation if adopted would provide special time between father and son. KJ will benefit from the interaction and relationship with his father. This would also provide an opportunity for Shannon and Christopher to work on their relationship. Tracy will begin her adolescent stage of development with its special challenges. KJ, being with his father on alternating weeks, will firm up SA""~",", 'I' ~,'I' "'> +.0 J' - 1'(,,; i/,?1'v<,1 I;""v>~ , ~' ;""",."",~,-. ..../ Ie,)': ...,,",,~-"._' . . ""~'i'" fVli';Y' ,,j i ,: -,.;'-, ~.' "'!- Davis v Davis Page 8 , the relationship between KJ and Randi and relieve Tracy of what appears to be an emerging tendency to want to parent KJ.. Shannon reports some difficulty with Randi on the weekends she visits. Shannon has inquired about counseling for Randi. I recommend she and Randi engage in parent/child counseling. Jeffrey should spend one week night (not overnight) each week with Tracy. They had a close relationship prior to her parental separation and Tracy is confused regarding why the current distance exists between her and Jeffrey. At this point in her life, Tracy needs astable male figure. ,j) Stanley E. Sc neider, EdD., R.C.E. Psychologist Registered Custody Evaluator . ,,', . , i. ~' ,,'" '1;,)'"-,, ", ,__, <l" \ GUIDANCE ASSOCIATES OF PENNSYLVANIA 412 Erford Road, Camp Hill, P A 17011 (717)732-2917 FAX: (717) 732-5375 Stanle)" E. Schneider, Ed.D 475 W. Governor Road, Hershey, PA 17033 (717) 533-4312 Director April 1 0, 2003 Glenn C. Vaughn, Esq. 22 South Beaver Street York,PA 17401 Francis M. Socha, Esq. 2201 North Second Street Harrisburg, P A 17110 RE: Davis v. Davis Cumberland County Court of Common Pleas No. 2000-8521 In Custody Delll' Attorneys: Regarding my report dated April 8, 2003 on the above referenced case, I wish to provide c1arification in the 2nd to the last paragraph on page 7. I would ask that you replace the entire paragraph with the following: I recommend that the schedule continue until KJ reaches school age. Once KJ reaches school age, given that the parents live in two different school districts, I am suggesting that an update be conducted for the purposes of recommending where KJ should live, primarily, once formal schooling begins. Should you have any questions, please do not hesitate to contact me. ("'.Sincerely, Stanley E. Schneider, Ed.D.,:C.E. Psychologist Registered Custody Evaluator . II-lill'", ~GUIDANCE , ASSOCIATES OF ~ PENNSYLVANIA ';, i::: MAIN OFFICE 412 Erford Road Camp Hill, PA 17011 Stanley E. Schneider, Ed.D. Director , Camp Hill: (717) 732-2917 Hershey: (717) 533-43J'2 Carlisle: (717) 245-2289 Chambersburg: (717) 263"9392 FAX: (717) 732-5375 ' April 8, 2003 Glenn C. Vaughn, Esquire 22 South Beaver Street York, PA 17401 Francis M. Socha, Esquire 2201 North Second Street Harrisburg, PA 17110 Re: Davis v Davis Cumberland County Court of Common Pleas No. 2000-8521 I n Custody Dear Attorneys: . I am sending my findings and recommendations regarding custody of Kenneth James (KJ) who turned four on March 19, 2003. ' Currently, KJ lives with his mother, Shannon. His father, Jeffrey, has partial custody of KJ every other weekend. Jeff wishes primary custody of KJ. Both parents are involved with significant others. Chris Arnold lives with Shannon. Jeffrey is dating Rachael Wienrich. They do not live together. Each of the parents was interviewed and completed custody-related instruments including Life History Questionnaires, Parent Self-Report Data forms and a personality inventory, the Minnesota Multiphasic Personality Inventory - 2 (MMPI-2). They were also observed, on separate occasions, interacting with their children, Tracy, (Shannon's daughter), Randi and KJ. Chris was interviewed and given the same instruments as the parents; however, our office has not received them. Rachael was interviewed and completed a Self-Report Data form only. Randi was seen and interviewed when brought in by her father. Tracy was interviewed when brought in by her mother. In addition to family observations, KJ was seen alone with each parent on separate occasions. Additional information reviewed in the matter includes copies of the parents Custody Stipulation, their Modification to the Stipulation and the December 26, Comprehensive Psychological Services . \ Drug and Alcol-4 [;A [03 lrFH PLAINTIff'S EXHIBIT I ~~.....-m",~=;:,Yi1l,m'i\';!;t'J~~liI~""""!;!U;=",,r.=',,').."Z"m';:,"'-'i?_,h_'}'"~'!"'_ -,,~,,_i.;;.~' "'"_>"'~'~".,'W.k", ;".",'T,,'-'-'-C'_', , ,,-- >'o,<:...,\..-",.,...~".., ""'_~'>'- 'c,"-e-...",~"",~""'~'_,,,- --~,~ , .~",< ,,_, "<i _L'n ",=_ ", _"'~~~ ","~I'-'-'=",_<" __ _~__~ .. <"-'>. --"''''~""--'-''-'-''<'''-'-4<'~_''''''~~__''''-~"_f'''-'','"""_~",_,,,,~~~,,,--,,~--~.'<"~',.u;.","",,,,~,,,,,'b,,,,,,-~,,,,,,,,.o.;;;'4di~!i;;,~,,,,,,-~;:~,,,,_.,,.''''t._.},d--'""",,~<=,_.d''''''''--'-''__~N ".....,,, ""'_""__~_, Davis v Davis Page 2 2000 Court Order. The custody conciliation conference report, as well as Jeffrey's Petition for Modification, was reviewed. Letters were received and reviewed from Maryjo Szada, M.D., regarding KJ, Kim Gentzler, KJ and Tracy's babysitter, Sandra Jackson, Shannon's sister, Theresa Sawyer, Shannon's mother and Phyllis Adams, a friend of Shannon's. Letters from Jacqueline Verney, Esq., December 8,2000, from Randi's teacher, Ms. Eleanor Yoder, were reviewed. Home studies were conducted on 12/7/02 (Jeffrey) and 12/14/02 (Shannon). RANDI Randi's report cards from Kindergarten through her current third grade were reviewed. She is noted to be a good student. Teacher comments describe ,Randi as being positive, helpful, and considerate. Randi lives with Jeffrey full time, per agreement of the parents, and attends Broad Street Elementary School in the Mechanicsburg Area SchoolDistrict. Randi is described as a delightful young lady who is cooperative and eager to learn. Randi readily explores new skills and generally completes her work quickly and accurately. She is demonstrating excellent growth in academic areas. The teacher notes Randi to be respectful to both adults and her peers. She is reportedly sensitive to the feelings of others and volunteers frequently to help with classroom chores. Jeffrey does not report any disciplinary problems with Randi; Shannon indicates thatRandi is somewhat oppositional and challenging on the weekends she visits with Shannon. TRACY Tracy, Shannon's daughter who, forall intents and purposes, has been adopted by Jeffrey, is currently in the sixth grade. She receives good grades and is noted to be a pleasure to have in class; she is reportedly polite and hard working. When seen, Tracy continues to experience a sense of abandonment from Jeff, whom she perceives as her father. It was recommended to Jeffduring the course of the evaluation, that he establish and maintain regular contact with Tracy. He indicated that he is doing so; Shannon indicates that he is not. SHANNON Shannon's child management techniques are appropriate. It was noted that both she and Jeffrey would use pepper on the tongue if their children used profanity. , Her approach would be to reward positives and discipline with removal of privileges, use time out as well as an educational/teaching approach. Shannon's experiences in her own family indicate that her father followed a stern, "tough-lov~" approach to parenting. She could not recall her father ever praising ~,.::l1i1ltIl;~'~\&H~ffi\&:;:1Z;"'if;[,'t'i-~~I~~ _";'J'~'-i~,;~";R,".,.__ ,~,~,,,:("_,,~(';'.C~);':<\t"'~'","'f, :~~- 1;,~!,,,,,r.w'<r.!" ,"fi);;_- 'r':.-,",,:;;',;" .-'i'i "j.,',~"'__'.l~-'i~~W,.7"-'---:C,"S}"FY,:'!"C"',"";.,;';--- ." - -- . """',"h1b"~v_,,I-"'''",,,,~_'V_,- ,"'AI' L...,^, .,c,~',-",,"":,_",_,_~.__. __"'"~""'""_"'."_"_" J~_~c:.-'''''.o~"""~,~'',"-,"'_-''-c:^,"~",W'"~~,-,"",~,,,",~c;;,,,"-,,,~,'_L--'-'~,'-'--'~,,,,<,~~";"",.""",~,.-,,,,-,-~,~,",;c,,,.L..,1,,-,-__~~. Davis v Davis Page 3 her. She reported that she wanted more love from her father. Unfortunately, she could not confide in either parent as she was growing up. Shannon would like to develop a cooperative co-parenting relationship with Jeffrey who she sees as being "angry and hateful" toward her. Shannon's personality inventory, consistent with others engaging in custody evaluations, suggests some evasiveness and reluctance to admit problems. However, her profile is valid. She is an expressive individual who may under- control certain emotions. She is assertive. Women with her profile tend to reject traditional feminine values. Interpersonally, they relate easily but may project an unfriendly demeanor. Generally, however, they have good social techniques. Her responses reflect a need for social approval, status and recognition. There is no evidence of any anxiety, depression or any other psychological distress or personality traits/features that would negatively impact or interfere with her parenting the children. Results of Shannon's home study raise a question regarding the sleeping arrangements for KJ. There is no door between his room and his mothers. Shannon is currently involved with Christopher Arnold. There is a question regarding the appropriateness of Shannon sleeping with Christopher when KJ is in the next room with no noted privacy. There is also an inoperable smoke detector leading to the makeshift upper level sleeping area. In light of the fact that there is only one way into this bedroom area and that both Shannon and Christopher smoke about a pack a day in their apartment, it is advisable to get the smoke detector in operating condition. Some of Christopher's children visit every other weekend. At one point in time, there can be up to seven children living in the second and third floors of what appears to be a converted house. The parent/child office-based observation included Shannon, Tracy, Randi and KJ. KJ has a positive relationship with both sisters. He was seen as animated, socially comfortable, highly interactive and verbal. As the play session progressed, it was noted that Shannon spoke to him in appropriate age-related language. Mother and son are close physically, played well together with Shannon assisting and instructing KJ as they engaged in a teaching activity. She reinforced his successes, explained and clarified when needed. There was relaxed, easy interaction. Both success and failure were handled well. Shannon seems to have good control over KJ. A lot of laughing and giggling was noted. At times it was observed that Tracy may want to take over. However, Shannon handled the situation appropriately. All the children were noted to be polite and respectful toward one another, as well as to their mother. On a separate occasion, Shannon was observed with KJ. She read to him in a soft voice. KJ looked tired at that contact. Apparently he missed his nap at the babysitters. However, he appeared to be very comfortable sitting on his mother's ~ ' _."'''~ m:, ,~":,~;_,_",,;,,,-!"";;;~',<1!,",_ - ~"""'W'''''.?1'''''''''--' ",,,,;,,,,,;,,,,-<',,~;,""'" ,""""_""O'"""...",~,,,,,-,.,,~,,,,:,,,,-,,,~, ,,"""""'>"'Y"~;'-- '"", ,,'.~ 'C'" ,- '. - "~._..;.-",.,.".",,--",,-"_.,,, -- ".'" "~"~"'~-~-'->-c___'-o'~~,~;"~~""n~wci.""--"--"-"-"".-<>",-,-,~..~",=_~,,,,",,,-~-.J.;;_~],lO",-",,,,,,,,"~..._1d",-,",,-~,~,,,,.,-,__,,,-,~,,-,~,,-_--,,,-.....I.~~,.>,.__,_,i"l,,,.i,,""""""_"__'_!~"-''': Davis v Davis Page 4 lap while drawing a picture. She fostered his independence and reinforced his productions. On this occasion, KJ was noted to be pleasant and easy going, physically close and comfortable with his mother. KJ can be very assertive. KJ drew a family picture, which included his mother, himself, and Tracy, then adding Chris, and finally including an imaginary friend. KJ spoke continuously. It was noted that his speech is somewhat immature; however, Shannon understands him. Mother commented on his drawing and indicated that he could place it on their refrigerator. Shannon rewarded KJ's efforts and acknowledged his success. She also corrected him when he began to use questionable language. Shannon noted that KJ is totally toilet trained while in her home. She expressed concern about Jeffrey's use of pull-ups. Regarding custody of KJ, Shannon indicated that she would agree with KJ being with Jeffrey one week each month in addition to the current every-other weekend. JEFFREY Jeff indicated that he has always wanted more contact with KJ. In Jacqueline Verney's letter of December 2000, she notes therein that Jeffrey, whom she represented, Wanted shared legal custody of all the children, primary custody of Randi, and Tracy every other weekend, and alternating weeks with KJ. In my contacts with Jeffrey, he reiterated that he wants primary custody of KJ at this point. He stated he has no legal rights to Tracy even though he reports continuing to pay child support. Jeffrey is a thirty-three year old, self-employed general builder. He reports working between lam and 4 or 5 pm. His work is not seasonal. He currently lives with his parents. . He has primary custody of Randi. Jeffrey and Shannon live twenty-five miles apart. He resides currently in Mechanicsburg; she resides in York Haven. All three of the children are together on weekends. Jeffrey filed for custody of KJ while Shannon was. living with her former paramour. He is no longerin the picture. However, Jeffrey continues to wish to have primary custody of KJ believing that he could offer a more stable environment, more structure, more discipline and more attention to KJ. He expressed concern about KJ's lack of weight gain. The letter from Dr. Szada did not confirm Jeffs concern about KJ's weight. Jeff is building a bedroom for KJ. He had hoped to have it finished by the beginning of 2003. Jeff struggled to complete custody-related forms. He is dyslexic. In reviewing his child management techniques, Jeff would continue to show the children "-.,--;""_"",-,,,,,_~;,-,""_'- .;C" ~,,~-__", ~""'-''''''~'''-'''-'',,-.'' 'f_'__,-" ",-,__ '_'. _,~_"_,,,,_ -- .--CO"en,.'" '''''.'-'_W_''..^" -,'<y' -_~"'-",,,_ 'C<J ,- -,- , __1___ , _____~",~"'_._.;'"'''~_U".''''''',b!"'''','''',,...__'_,'"''''''''~.,'''_'"'"'''''~'''''"'~.~~_IdOc,""'.,='_=""'"_"=,I_...4_"._""_,~~_'_'__'~""',',__~~",~""""""'","'.,,~,~_,d.lJ_z]'_',_,"_;,,. _"'",;,,,'c,"':.c._ ~ Davis v Davis Page 5 responsibility and establish both positive and negative consequences for . completing same. He currently pays Randi money for doing her weekly chores. He would exercise appropriate control. He has a good work ethic, which he would share with the children. Randi does not need assistance with homework , as she is an excellent student. Jeff currently receives the support of his parents. Randi is thriving in his care. In the short run, Jeff intends to remain with his parents. Should he relocate to his own living arrangement, the stability that he and Randi currently benefit from through Jeffrey's extended family would need to be addressed. Jeffrey acknowledges his temper can be problematic -- he reportedly was charged with or arrested for terroristic threats prior to his marrying Shannon. He admits to a charge of disorderly conduct in 1989. Apparently that situation escalated "from a mouth battle." There was also alcohol involved at that time: There does not appear to be any pattern of his losing his temper or having difficulty managing any of the children when they are with him. He does not use alcohol irresponsibly and does not use any other drug that would lower his inhibitions. . Jeff struggled in school. He repeated the first grade. He admits to having "a lot of detentions for doing stupid s_ _ _." There are also.a couple of suspensions from school. Jeffrey woul<;l use family as a resource if KJ needed help with school work. If they were unavailable, he would get KJ a tutor. All of Jeffrey's clinical scales in his personality profile were within limits. His profile is consistent with an individual who tends to feel somewhat alienated, resentful and suspicious. They tend to be avoidant of others generally because they feel uneasy and awkward. Jeffrey under-presented, minimized and/or denied his history of anger, irritability and loss of temper. This was a major defensiveness noted in his profile. Jeffrey appears to be vulnerable to accumulating resentments over time with the potential of releasing his anger in unacceptable, possibly explosive ways. He would benefit from developing insights regarding his anger as well as an anger management program. On the positive side, his profile was consistent with individuals who are seen as resourceful, independent and self-reliant. They would show initiative and self-discipline. He has a good work ethic. At times, however, people with his profile may be seen as outspoken and nonconforming, if not rebellious, toward authority. CHRISTOPHER Chris was interviewed. He was provided, but did not complete, custody-related instruments. . Chris and Shannon had been together since the fall of 2002. Chris is a thirty-two year old father with four children to three different women. Three of the children visit with him at Shannon's home every other weekend. On ~ '" ~ _".i~."'\-<C__":'-"__-C"'-,_-":_'''''''-'' ~_'"",,''-'',,"''''".~ ." --"".""""....r.r"..,c~....i>!> 7-", "~.'>-,'<oJ--:;",-,-<"''''''.,,''''''' ~,"", ,_~" ""'>"=J~ ~" "'C<_=~".."-"--'''',-"-^-.__ .,' ,b..-,-"-'_~<UL..__"_,,,,. _,,_--"--"-'='-_~__o, _ '~~_'"'~_', __,-,1, '-"-"-k-~~"",_"""=~....i'~""''''~~~'''''-''"~~'~,;'~'''''',r.__,I"",-<,,,~~,,",,,=""".,__~_~-";;,""~-kl'~'''''''k""-'''".l-,,,,,,,,-,,,,,~,",,,,--,,",,-,,,"__,~,",,, ' Davis v Davis Page 6 occasion, Chris has been used for childcare since his employment schedule had been flexible. He is the owner of a garden center. . Chris' background reflects some instability. He quit school in the tenth grade indicating he wanted to be a rock star. He repeated the eighth grade. He started to use drugs and alcohol in early adolescence. He denies any current use. He had two DUl's, one in 1989 and one in 1992. A point of concern is his admission that he continues to drink but will not drink and drive. He may be a binge drinker in that he admits to drinking to get drunk. As a youngster, he admits to no focus and no direction. He matured when his first child was born when he was age twenty-one. His relationships with women have been shaky in the past. Chris and Jeffrey have never met. He does not want to get involved in the custody situation. The Davis children see Chris positively. Chris mentioned that he sees Shannon searching for something but he is not sure what that might be. Regarding their relationship, he admits that he is "feeling my way." RACHAEL Rachael Wenrich is currently involved with Jeff. She is a twenty-eight year old student. She has a Masters in Fine Arts from Columbia University. She completed Bachelor of Arts in English and Writing, from Utica College. Rachael had a traumatic event occur when she was at Utica. She is currently in therapy with a counselor in New York. She met Jeffrey in the spring of 2001. She moved to Central Pennsylvania to be near her mother. Rachael admits to engaging in somewhat of a caretaker relationship with others. She describes herself as being cautious. She enjoys her relationship with Jeff. She is aware of Jeff having a temper in the past. She does not have regular responsibilities for any of the Davis children. She is supportive and is around them on weekends. She said that she is not "trying to thrust myself on the family..Jam like an aunt." She and Randi have a good relationship. She and Jeffrey are slowly working on their relationship. At this time, she is not a significant parenting figure. Jeff, Rachael, Randi and KJ were observed in the office. Jeffrey and KJ played well together. He was instructive and reinforced KJ's successes. All four were on the floor playing a game. Each child took their turn easily. It was noted to be a relaxed, comfortable interaction that was characterized by a lot of conversation. Tickling and giggling was observed. There was close physical interaction between father and son. During a building activity, KJ sat comfortably on his father's lap. Jeffrey instructed and guided. KJ was patient and respectful in listening to his father. Good manners were noted. Both Rachael and Jeff reinforced KJ when he said, "thank you." Jeffrey read to KJ, identifying pictures and characters in the story as he read. KJ, at this contact, was attentive; he ,__""",'<t;,~, ' ,"!f'MJ1",,', ~ '" ;rt~'," k r.-,'9-",,,',,<"O' ceo,,'.<""""'" ','''''''',;,-",." , ,'on,'"~ "'^'"'_~"_~~'_____",___. '" ,-"",-,"_,""__- '''',,,,,,-+.;' , ." -.. ",'''''~' ','; ~ ""__~""""'"'"_~C'" "'-~-_;,,'-, j'~ n""= _~,__,~~,--,,-"-~,_,_ .~.;"-l,=,-,--,--,-,-,___.~,.-i"~",,,,,,~~-_~,,==-,~_.",,,,.,",,'~~l"',,,",,,~",,,",",,~.'"",,,,,.,.,,,,,,,,,,jji-"""c',,~,,,-,,'_"",,,,".,-,-~,~~,~,>.J"..,,_,",.,_~,,J<',,,...h,""'.,'<'__"".~,,,,"_'.__ Davis v Davis Page 7 followed his father's reading. Jeffrey did well, given that he reportedly is dyslexic. Everyone cooperated when it came time to clean up. When Jeff was seen with KJ alone onseparate occasions, it was noted to be an involved, focused, highly interactive relationship. Jeffrey was more directive. KJ wanted to color and Jeffrey told him to do something prior to coloring. KJ's picture included Jeffrey as part of his family. Jeffrey drew an outline of KJ's hand and then turned it into a picture of a turkey, which KJ had problems with. However, Jeffrey helped identify body parts and the two of them began to laugh. They appear to have a relaxed relationship. Jeff tries to be instructive but on this occasion there was less acknowledgement of KJ's attempts and efforts. At times, their interaction was more parallel versus interactive. KJ has a good ego. He is verbal, socially comfortable, and assertive. He had no trouble telling his dad that he, "messed up." Jeff exercised appropriate control although he tends to impose a bit more than Shannon. When it came time to clean up, Jeff began to put things away by himself but then asked KJ to help and KJ assisted. Both Shannon and Jeffrey have demonstrated effectiveness in their ability to parent. Tracy does well in her mother's primary physical custody. Randi . appears to have developed a stable routine, has made friends, has acclimated to the neighborhood school and local church, where she participates in a number of extra-curricular activities. She also appears to enjoy the attention provided by her grandparents and other relatives in Jeff's family. Jeff wishes primary physical custodyof KJ. Shannon, at this time, is willing to offer Jeff one week in addition to every other weekend. Based on background information, results of custody-related instruments, observation and test findings, I am recommending that Shannon's current willingness to have KJ live with Jeff one week a month be initiated, in addition to every other weekend. Assuming that KJ does well with this schedule, I ani recommending, at the end of two months that an alternating weekly schedule be established for KJ. He is at a developmental stage where he can handle being absent from a primary caretaker for periods of time. He is a secure, somewhat independent, self-assured, four-year-old youngster. He should not have any difficulty with an alternating weekly schedule. This schedule could go through the summer. Once KJ reaches school age, given that the parents live in two different school districts, I am suggesting that an update be conducted for the purposes of recommending where KJ should live, primarily, once formal schooling begins. My recommendation if adopted would provide special time between father and son. KJ will benefit from the interaction and relationship with his father. This would also provide an opportunity for Shannon and Christopher to work on their relationship. Tracy will begin her adolescent stage of development with its special challenges. KJ, being with his father on alternating weeks, will firm up .1llW~~~~!> .....l.~ .~ ",._o!oIl~~OOr:l,Wfiji\"'..$1\{I~-;'=:}]Ji'.~"'''''~~''''' .', .l. 11llWe~,!~*0W.,""_~ O":l~~;1t'~",",oi--"'w",;,""",,~,'.,I-"'''i'F~,,,"'\'1-:;l:lr,,;\i;;<W'.'Y&.''i<t'&'''~-,T'"~'l!:M~",'~,Jl''''-W~'~"",,,,,-W.'''''''.~<~''''''''' j,..-- ;"'~"'-~-, ;,' .","~--, ,-,-, ~ ., '" I~ "-"''''''~''-''':'''''-'-"-"~'"'"-~''"'>''",",~'''''''''''O'''''_'_='''"'''''-'~.'~~'''_k>iJ-~."h"d''',:b'"-',."""~,.I.2i=,~~""''_''',c,-",=-=-,,-,_,~,,,,~,,,,",",''-'-''_"~l,.'''O,',oC"",..O'A.",' Davis v Davis Page 8 the relationship between KJ and Randi and relieve Tracy of what appears to be an emerging tendency to want to parent KJ. Shannon reports some difficulty with Randi on the weekends she visits. Shannon has inquired about counseling for Rand!. I recommend she and Randi engage in parent/child counseling. Jeffrey should spend one week night (not overnight) each week with Tracy. They had a close relationship prior to her parental separation and Tracy is confused regarding why the current distance exists be,tween her and Jeffrey. At this point in her life, Tracy needs a stable male figure. ~ Stanley E. Sc neider, Ed.D., R.C.E. Psychologist Registered Custody Evaluator ~~~i:'_~,"",2il!:~affiJl&' ..... ~Im.,'-W&""""",,,,(,,,,r,c:;-);;;r~'~",,,',;c.c ,,',',::<,(,''-''( "";:;"-'.'''''.~1r..mi<.""",".,''?,,r, ,,,,,,,-,.--:_,--,,.,,_0"'_-,", - ---, ';'" -"~ . ',' ',' ",",'-.i,"'-":'_""';':';" ",<__;,~",_", "''',,;,:>,~:,, ",--',~"",' ," ,',,j ,'" = - 't'l'l<!w,!lJt' GUIDANCE ASSOCIATES OF PENNSYLVANIA 412 Ei1'ord Road, Camp Hill, PA 17011 (717) 732-2917 FAX: (717) 732-5375 Stanley E. Schneider, Ed.D 475 W. Governor Road, Hershey, P A 17033 (717) 533-4312 Director April! 0, 2003 Glenn C. Vaughn, Esq. 22 South Beaver Street York, PA 17401 Francis M. Socha, Esq. 2201 North Second Street Harrisburg, PA 17110 RE: Davis v. Davis Cumberland County Court of Common Pleas No. 2000-8521 In Custody Dear Attorneys: Regarding my report dated April 8, 2003 on the above referenced case, I wish to provide clarification in the 2nd to the last paragraph on page 7. I would ask that you replace the entire paragraph with the following: I recommend that the schedule continue until 10 reaches school age. Once 10 reaches school age, given that the parents live in two different school districts, I am suggesting that an update be conducted for the purposes of recommending where 10 should live, primarily, once formal schooling begins. Should you have any questions, please do not hesitate to contact me. Stanley E. Schneider, Ed,D., .' .E. Psychologist Registered Custody Evaluator - . , ~ ~" " e,' 1 ' , . JEFFREY SCOTT DAVIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-8521 CIVIL TERM SHANNON KAE DAVIS CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT: POST TRIAL MEMORANDUM I. BACKGROUND Jeffrey S. Davis, hereinafter referred to as FATHER, and Shannon K. Davis, hereinafter referred to as MOTHER, are the natural parents of two minor children: Randi J. Davis, age 9; and Kenneth]. Davis (KJ.), age 4. MOTHER also has a third child, Tracey M. Davis, age 12, to a former paramour. MOTHER vacated the marital residence in June of 2000, taking all three children with her withoutF ATHER'S knowledge or consent. After a short period .of forbidding all contact between FA THERand the children, MOTHER agreed to allow FATHER to exercise periods of partial custody, which he did. Approximately two weeks after MOTHER left the marital home, the parties daughter Randi requested to leave MOTHER and live with FATHER on a primary basis. The parties agreed that this arrangement would be in her best interest, and Randi has been residing with FATHER since that time. MOTHER however, refused to permit KJ. to reside with FATHER on a primary basis. On or about December 18, 2000, F ATHER filed a Complaint for Custody seeking to memorialize the parties agreement regarding Randi in writing, and also seeking shared custody of KJ. on a week on - week off schedule. On or about December 20, 2000, the parties entered a Custody Stipulation whereby FATHER retained primary custody of Randi and MOTHER received primary custody ofKJ. . Subsequently, on or about May 17, 2002, FATHER filed a Petition for Modification of Custody seeking primary custody ofKJ. A custody conciliation was held on August 26, 2002, after which an agreement was reached for the piuties to participate ina custody evaluation by Dr. . Stanley Schneider. Dr. Schneider completed his evaluation on or about April 8, 2003 and after spending considerable time with each of the parties, concluded that FATHER'S settlement proposal for a 50-50 split be implemented over a two month period. [, 1-'1" -__","_ ~'~ . A custody hearingwas held before this Court on April 28, 2003. This Memorandum is submitted in support of FATHER' S position, and Dr. Schneider's recommendation, that the parties share physical custody of their son, K.J. on a 50-50 basis. II. BEST INTERESTS OF THE CHILD It is well established that in all child custody cases, the paramount consideration is the best interests and welfare of the child. All other considerations are deemed subordinate to the child's physical, intellectual, moral and spiritual well-being. In reo Davis, 465 A.2d 614 (1983). It is clearly in KJ.'s best interest to spend time with both of his parents. After a comprehensive custody evaluation involving numerous meetings with both parties, their significant others and all three children, Dr. Schneider recommended the implementation of a 50-50 schedule over a two month period, and after approximately one year, when K.J. reaches school age, revisiting the situation to make a decision with respect to primary custody. FATHER urges this Court to accept Dr. Schneider's recommendation which clearly states that "K.J. will benefit from the interaction and relationship with his father. [under the 50-50 schedule]," and which also states that the schedule FATHER proposes "would provide special time between father and son." Furthermore, FATHER respectfully submits the following for the Court's consideration: 1. FATHER was actively involved inKJ.'s life prior to the parties separation, and initiated a custody action seeking shared physical custody ofKJ. shortly after the parties separated. FATHER has been an active participant in KJ.'s life since separation, within the parameters of his partial custody schedule. 2. MOTHER and FATHER agreed that it would be in their daughter, Randi's, best interest to reside with FATHER on a primary basis. Randi has lived with FATHER in this capacity since approximately July of 2000, and is described in Dr. Schneider's report as a "good student who is positive, helpful and considerate. . .", "Randi is a delightful young lady who is cooperative and eager to learn.. .", "She is sensitive to the feelings of others. . .", and perhaps most importantly, "She is thriving in his care." FATHER has demonstrated his is capable of successful parenting, given Dr. Schneider's glowing remarks about Randi, and FATHER'S parenting skills are no different with respect to K.J. F ATHER deserves an opportunity to parent his son on more than a partial basis, and KJ. deserves the opportunity to spend additional time with his father. 3. . KJ. and his sister Randi have a warm and loving relationship that would only be nurtured and continue to grow if K.J. were permitted to spend additional time withFATHER. Worthy of mention is the fact that K.J. and his sister Randi are only 5 years apart, while Tracey is more than eight years KJ. ' s senior. Furthermore, Dr. Schneider identified an area of concern where when KJ., MOTHER, and MOTHER'S daughter Tracey are together, "Tracey may want to 2 - l "'. ""~_, " . .-~~~" , ~1,,; take over", and by giving FATHER additional time with K.J.,this may "relieve Tracey of what appears to bean emerging tendency to want to parent K.J." 4. FATHER does not dispute MOTHER'S ability to parent KJ. FATHER does however, believe that MOTHER continually exercises poor or questionable judgment that adversely impacts KJ. a. MOTHER has been seriously involved with two men in less than two years, both of whom she invited to live in her home with K.J. after knowing them for less than four months. b. At least one of these men physically disciplined K.J. on at least one occaSIOn. c. MOTHER'S former boyfriend used language in front ofKJ. that had such an impact on K.J. that the child began repeatedly referring to himself as "shithead". MOTHER even admitted that it was a painstaking task to break KJ. of that self degrading behavior. Randi confIrmed, in Chambers, that this was a common nickname used by the former boyfriend for K.J. It is hard to logically conclude how a youngster can confer the name "shithead" upon himself after only hearing it one time in a conversation. d. MOTHER failed to recognize the impropriety of her doorless bedroom, which she shared/shares with her paramours, leading directly into KJ.'s sleeping area. e. MOTHER failed to recognize the impropriety of excessive smoking around K.J. and her failure to install a properly functioning smoke detector. f. MOTHER utilizes her current boyfriend Chris, who admittedly drinks to excess and who Dr. Schneider surmises may be a binge drinker, as a babysitter for K.J. on occasion. g. MOTHER introduces her current boyfriend Chris as a positive role model for K.J. when Chris has fathered four children out of wedlock to three different women. In his intereview with Dr. Schneider, Chris described his relationship with MOTHER as "feeling my way." Yet, on the stand, he described MOTHER as the woman "of his dreams." He further condraticated Dr. Schneider's charaterization of him as a "as a binge drinker who admits to drinking to get drunk." (Dr. Schneider's Report, p.6). The future ofthe relationship between MOTHER and Chris can be described as questionable at best. If it becomes' a perma1i.ent relationship, the influence of Chris as a role model to K.J. clearly is a matter of concern. 3 . , . J.;: ~ . ~'-' " - .Co"..... ~< 'l.;,: h. Both the MOTHER'S past and current boyfriends, who serve as the primary role model for K.J. because MOTHER has primary physical custody ofK.J. can be described as "less than exemplary." FATHER, on the other hand, is described by Dr. Schneider as "...resourceful, independent and self-reliant...with initiative and self-discipline [and]...a good work ethic." (Dr. Schneider's Report, p.5). 5. FATHER appreciates the Court's concern that if a 50-50 custody schedule were to be implemented at this time, the matter would need to be addressed again when KJ. reaches school age in approximately one year. FATHER however, views that as positive rather than negative, and is simply asking that the Court give him an opportunity to "level the playing field" with MOTHER, who has been serving as K.J.'s primary custodial parent since the parties separation, before making a final determination regarding custody. By implementing Dr. Schneider's recommendation for a 50-50 schedule and delaying a "[mal" decision regarding primary custody for a year, this Court may be better able to determine if FATHER'S concerns over MOTHER'S boyfriends are worthy of merit, and if MOTHER'S concerns over FATHER'S temper are reasonable. Furthermore, this Court has never had the opportunity to meet with or speak to KJ. By delaying a "final" decision on custody, KJ. would havethe opportunity to spend equal amounts oftime with both of his parents and perhaps express an opinion of his own with respect to where he would like to live. Finally, K.J. is in the unique position of being able to spend half of his time with his father and half of his time with his mother ,as he is not yet enrolled in school. KJ. should be given every opportunity to take advantage of such a schedule, which is not usually feasible with separated parents. Nothing was presented at the hearing that would indicate an adverse impact on KJ. to spend additional time with FATHER. To the contrary, Dr. Schneider surmises that K.J. will benefit from such contact KJ. should be given the opportunity to do so. 6. While FATHER agrees that generally most children need a home base, FATHER implores this Court to accept Dr. Schneider's conclusion that K.J. "is a secure, somewhat independent, self assured, four year old youngster [who 1 should not have any difficulty with an alternating weekly schedule."MOTHER presented absolutely no evidence as to why Dr. Schneider's recommendation for a 50-50 custody schedule should not be implemented. 7. FATHER presents as a positive, stable and eager role model for KJ. FATHER has the support of his parents, he has stable employment, he is involved in a stable relationship and perhaps most importantly, FATHER has received the endorsement of Dr. Schneider, who spent considerable time with each of the parties. No evidence was presented to dispute FATHER'S caretaking ability. Both MOTHER and FATHER are capable parents and FATHER simply deserves the opportunity to parent K.J. on a 50-50 basis. 4 - .', i -.'.. 1,,'''-1' ;c" '. , '';''~'-~.; .III. CONCLUSION FATHER has clearly demonstrated that he is a capable, loving and willing parent. He has expressed an interest in spending more time with KJ. since the parties separated. Both parties participated in a comprehensive custody evaluation which resulted in the recommendation that over a two month period of time, the parties move to a shared physical custody arrangement of KJ. The issue is what arrangement will best serve KJ. at the present time. Dr. Schneider clearly indicates that K.J. will benefit from a shared, 50-50 custody schedule, where he can spend equal time with both of his parents. FATHER therefore requests that this Court implement a week on - week off custody schedule per Dr. Schneider's recommendation. Respectfully Submitted, .----- 4'~ Fr cis M. Socha, Esquire 01 North Second Street Harrisburg, PA 17110 (717) 233-4141 Attorney for Father, Jeffrey S. Davis 5 '" ^ ~' i, 1 -" "~_ ~ ~ . , c. !iiJ!l~'llIiii,llft> JEFFREY SCOTT DAVIS IN THE COURT OFCOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-8521 CIVIL TERM SHANNON KAE DAVIS CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Carrie E. Cook, Secretary to Francis M. Socha, Esquire, do hereby certifY that I served this date a true and correct copy of the foregoing document, POST TRIAL MEMORANDUM, by placing same in the U.S. mail, first class postage prepaid, addressed to the following: Glenn C. Vaughn, Esquire 22 South Beaver Street York,PA 17401 Co Date: 512/ DS Carrie E. Cook ". . . "' . .'''- "0'" i . .' .. ,.,>~ ^' . '0" ",'i~, -~ JEFFREY SCOTT DAVIS vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA NO. 00-8521 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY SHANNON KAE DAVIS POST-TRIAL MEMORANDUM 1. BACKGROUND: A fuII custody trial was held on April 24, 2003, before the Honorable Kevin A. Hess. After the closing of the record, the Court requested that each counsel provide a statement supporting his client's position on custody of Kenneth James Davis, age 4, hereinafter referred to as "the child". The child was born on March 19, 1999. In late June or early July, 2000, the parties separated. The child has lived in the custody of the Mother since and the Father has seen the child on alternating weekends and on some holidays. The parties stipulated to the entry of a Custody Order for the child and his two sisters. That Order was entered May 23, 200 I, and provided for the Mother to have primary physical custody of the child and his sister, Tracy Marie Davis, and for the Father to have primary physical custody of the child's sister, Randi Jean Davis. On December 26, 2000, another custody stipulation was entered and this Court made it an Order on December 26,2000. Primary physical custody of the children remained unchanged and that Order dealt with a temporary situation, that being Christmas of2000. The Father filed a Petition to Modify that Order in which he sought to gain primary physical custody of the child. The Mother was not in agreement and the matter proceeded 10 a custody conciliation conference and then to trial. The parties agreed to a joint evaluation by Dr. Stanley Schneider. Dr. Schneider's -;...' , ,~ ' ",', > ~'.'" ~o>, ,; [,,",,~-,'. ,',,' >-C-'" -' -, ",' _ ~"'<, . "'.: report was made a matter of record and he testified at the trial. His recommendation was that the Father not be awarded primary physical custody but that the Mother's recommendation for a resolution be adopted. The Mother's recommended resolution was that the child would spend one full week every four weeks with the Father and continue to have the normal weekend each month so he would have nine of twenty-eight days of custody of the child. Dr. Schneider recommended that should this arrangement be positive, that the parties begin an alternating weekly custody schedule for the child after two months. He further recommended that when the child reaches Kindergarten age in the fall of 2004, that an update be conducted for purposes of recommending where the child should live. At the conference with counsel after the trial, the Court indicated that Shannon Davis is a good Mother and the evidence did not warrant a transfer of primary physical custody to the Father. Further, the Court indicated that the Mother's recommended resolution would be in the best interest of the child because it would give the Father and the son a full week every month to bond together. The Court expressed concern about going to an alternating weekly schedule in light of the fact that in a little more than a year that schedule will not be feasible because of the distance between the parties' residences and the fact that they reside in two different school districts. II. BEST INTEREST OF THE CHILD: Dr. Schneider felt that the best interest of the child was not primary physical custody with the Father. He recommended that the Mother's proposal be adopted. This proposal continues primary physical custody with her, but expands the Father's rights of partial physical custody. The Mother agrees with Dr. Schneider's recommendation and in support thereof states the following: 1. The Mother and the child always have lived together and she has been his primary caretaker since his birth. , -- '" . ,'.,- " ~.. , ". t ' '<,,^- 2. The child has a very strong bond with his sister Tracy, and the Mother, Tracy and the child have been a family unit the child's entire life. There was extensive testimony about the close relationship between Tracy and the child and no testimony about the relationship between Randi and the child. 3. The child needs a home base and he is living in what has been his home base for the last two years. 4. The Mother many times offered the Father additional custodial time with the child and on only one occasion did he accept. Although he stated the excuse that the offers were on short notice, the Mother testified that sometimes these offers were ten days in advance. Regardless, it was undisputed that the Father has never exercised any of his summer weeks of custody, to which he is entitled under the Court Order. 5. Five witnesses with extensive exposure to the Mother and the child testified that the Mother is an excellent care giver to the child and is very close to the child. 6. The evidence to support the principal contentions of the Father as to problems with the Mother's custody were extremely weak, at best. 7. (a) The first contention of the Father was that the Mother's former boyfriend, Robert LupoId, had physically disciplined the child and that he was opposed to that. There was no evidence of any harm to the child and the entire situation boiled down to one incident of a "pat on the butt." The testimony was that the Mother immediately instructed Mr. LupoId not to do that again and that he did not do that again. The daughter Tracy expressed great affection for Mr. LupoId, belying any inference that he is a harmful person. (b) The second contention of the Father was that Mr. LupoId called the child "shithead." This was denied by the Mother and Mr. LupoId. It was also denied by the child Tracy. i -,"'. ,.' <, , ,-"" '"'" "",""" ,,,;,; ., The support for this contention was found in the highly structured testimony of the nine year old daughter Randi, after the testimony had been gone over in the attomey's office in the presence of her Father, her grandparents, and the Father's girlfriend. The Court expressed a disposition to disregard Randi's testimony in its entirety. 8. Mr. LupoId appeared voluntarily to support the Mother and to state that he wished that he could have had as good as a relationship with his own mother as the child has with Shannon Davis. Regardless, the point is that Mr. LupoId is no longer in the household and any of his activities are hardly important at this time. 9. The great weight of the evidence was that the child is healthy, active, appropriately clothed and clean. The child is not a disciplinary problem. He has had his own bedroom at the Mother's residence, whereas until this point, the Father has never provided him with his own room, despite his testimony that he lives in an eleven room house. 10. The evidence was replete with references to the Father's anger management problem. Instead of entering into a dialogue with the Mother about his concerns, he yelled and screamed in the presence of the child and Tracy, calling the Mother a "fucking cunt" while holding the child in his arms. He also kicked in the Mother's screen/storm door on another occasion. Dr. Schneider recommended an anger management evaluation for the Father. On the other hand, referring to the Mother, Dr. Schneider wrote in his report, "There is no evidence of any anxiety, depression or any other psychological distress or personality traits/features that would negatively impact or interfere with her parenting the children." 11. The Mother has concerns about the Father's parenting, considering his anger management problem. Even the paternal grandfather, with whom the Father resides, acknowledged on cross-examination that the Father becomes angry and goes to his room. The paternal grandfather ~-" = , ,'~, ,",' ," ',- , i'? stated that the Father knows that he does not allow angry displays in his presence. 12. Finally, the Father indicated that he eventually intends to establish his own residence, separate from his parents' home. Dr. Schneider noted that, "should he relocate to his own living arrangement, the stability that he and Randi currently benefit from through Jeffrey's extended family would need to be addressed." III. CONCLUSION: The Mother's recommendation should be accepted. Certainly, there is no reason to believe that this child would be better off in the primary physical custody of the Father. The only real question is whether Dr. Schneider's recommendation of an alternating weekly schedule should be implemented two months from now. It is not in the best interest of the child to put him on an alternating weekly schedule for a period of one year, only to revisit this issue and change it when he starts school in the fall of 2004. The only issue in this case is what is in the best interest of this child right now. The Father's argument that he needs an alternating weekly schedule for the year prior to the child's entry into school so that the playing field will be equal for him, is deciding the case on what is in the best interest of the Father's position in this case -- not what is in the best interest of the child now. In addition, the entry of an alternating weekly custody Order would necessitate another litigation of this same case at this time next year. The Father testified that he did not want to go through this financial stress again. Under all of the circumstances, it is clear that the best interest of the child will be served by leaving him in the primary physical custody of the Mother, with an expansion of the Father's rights as recommended by the Mother. The Father had no plan of implementation of rights for the Mother because he thinks only of himself -- not the child, and not the child's relationship with ~.1 ,^ . '--I ;--, -'",~',~ l",~,,__ ,,~' ,-'" '''1'' the Mother. He is unconcerned as well about the impact of severing the close relationship between the child and his sister Tracy. The Father did not meet his burden of demonstrating that it is in the best interest of the child to be in his custody, either the majority of the time or even half of the time. Respectfully submitted, / Glenn C. Vau Attorney for Ire , Sharmon Kae Davis . , ''ll~:' . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JEFFREY SCOTT DAVIS, Plaintiff NO. 2000-8521 CIVIL TERM CIVIL ACTION - LAW v. SHANNON K. DAVIS, Defendant CUSTODY ORDER IT IS, hereby Ordered, this Z'i'" day of May, 2001, that the attached Stipulation between the parties relative to child custody, be made the Order of this Court. By the Court ,44 J. .- "'~ ,,^ ~, ~- ! .r1r;v 'IiI, Uj '>1."11 ;;1: ') , 1 []: ,;:;n Cl};~(3~Sf:,'L/_,;\,!" ;""_"" ...' t .c:Ni\f:::;:\ 'I-I {,'....\../lj,ln--v 'Yv(l//;;\j;'/' iV'f .. II-', ",,~,',,'~', '," ~",,,,~,"-,--,,,o< P'''''''''''"',,'~''^'^ ~~,"fIIl_~~II1~~ffl0~~~~~ .. n oj, .... ~~ t~ } 11 ]k .L_H~~~~~ -l ~, ,. " r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY SCOTT DAVIS, Plaintiff v. ) ) ) ) ) ) CIVIL ACTION - LAW NO.: 2000-8521 CIVIL TERM SHANNON K. DAVIS, Defendant IN CUSTODY CUSTODY STIPULATION WHEREAS, the parties to above-captioned matter are Jeffrey Scott Davis, Plaintiff, hereinafter referred to as "Father" and Shannon K. Davis, Defendant, hereinafter referred to as "Mother" of the three (3) children ofthese parties they being: Tracy Marie Davis, born February 23,1991; Randi Jean Davis, born October 10, 1993; and Kenneth James Davis, born March 19, 1999; WHEREAS, the parties hereto signed a Custody Stipulation on the 14th day of December, 2000, which was made an Order of this Court on December 26,2000, the aforesaid Stipulation and Order being temporary in nature; WHEREAS, the parties hereto have come to a permanent agreement relative to the custody of their three (3) children; AND WHEREAS, the parties hereto desire to have that agreement made into an Order of Court, thus concluding the above-captioned action and making unnecessary any Conciliation Conference or further proceedings: NOW, THEREFORE, in consideration of the mutual covenants contained herein, intending to be legally bound hereby, the parties hereto agree as follows to wit: 1 -, , I, "'~[':'; \'1 , I r ~ .. I) The parties shall share legal custody of the children. 2) Mother shall have primary physical of Tracy Marie Davis and Kenneth James Davis. 3) Father shall have primary physical custody of Randi Jean Davis. 4) The parties shall continue alternating physical custody of all three (3) children on weekends beginning Friday at 5:00 p.m. until Sunday at 6:00 p.m. in such a way that all three (3) children are with each parent on that parents' weekend. The alternating weekend schedule shall continue on the schedule already being practiced by the parties hereto. 5) Each party shall be entitled to have exclusive physical custody of all three (3) children two weeks each, during the summer. Those two weeks may be consecutive or one week at a time, at the option of the party exercising same. Each party shall give the other (30) day written notice of the dates of exercising of said weeks of summer physical custody. In the event of the parties each desiring to have overlapping time periods of each party's summer physical custody time with the children, the first to give notice to the other shall prevail. 6) The parties will share holiday and Christmas times of physical custody as the parties agree, from time to time, with intent being that all three (3) children will be together as those times are agreed upon by the parties. 7) Father will provide transportation for the children. 2 ,~ .L. "" , , .. 8) It is hereby stipulated and specifically requested by these parties that the Court of Common Pleas of Cumberland County, Pennsylvania, adopt this Stipulation as its Order of Court; that same is made into an Order of Court without need of the parties appearing, either in person or by counsel at any further proceedings and by mere reference to this paragraph. The parties hereby stipulate and, therefore, request that the Order adopting this Stipulation be considered a final order of court, thus concluding the prior pleadings in this matter and thus making unnecessary a Custody Conciliation Conference that had been scheduled and continued in this case. Further, the Order of Court in this matter adopting this Stipulation shall be the full and only Order of Court in this matter and shall, therefore, nullify and make of no further effect the Order of Court of December 26, 2000 in this matter. 9) It is stipulated that neither party hereto shall speak ill or disparaging of the other in front of or to the children nor shall he/she speak ill or disparaging of any member of the others household in front or to any of the children at any time. .. ;JL IN WITNESS WHEREOF, the parties have set their hands in seals this ~ day of ,2001, intending to be legally bound hereby. WITNESS: ~~ (SEAL) J8~ ~r (SEAL) Shannon K. Davis - Defendant/Mother 3 ,"'. ;,., I.. ,I,' , ., COMMONWEALTH OF PENNSYL V ANlA ) ( SS. COUNTY OF ~~ ) On this day of ,2001, before me, a Notary Public, the undersigned officer, personally appeare J ftrey Scott Davis, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. Notarial Seal April J. Colbert. Notary Public York City. York County, Pennsylvania My Commission Expires December 09, 2002 IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWE ) ( SS. COUNTY OF . ) On this ~ day of f\lU,.\/, ,2001, before me, a Notary Public, the undersigned officer, personally app~Shannon K. DaVIS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Saal April J. Colbert, Notary i~ublio York City, York County, P~r1fisyiv[jniij My Commission Expire~ OM^i,~iI;~r mi, :iHd~ """""Y"":C.",i'---"7''''''<'l~;-:,=~' M/ChrislDom/Davis/Stip022001/ajc 4 ~ ~ iIIIIIIilIIl I' R<lilWM.;.~_, ... JEFFREY SCOTT DAVIS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 00-8521 CIVIL ACTION LAW SHANNON KAY DAVIS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 24, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemayne, P A 17043 on Tuesday, June 18, 2002 at 2:00 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 fnrnlsh any and all existing Protection from Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled heariug. FOR THE COURT, By: Isl Melissa P. Greevy. Esq. tyv' 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 TillS 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ 9, _~''"..o _~ ~~ 1fT ~ j~o .sJl(.~J 5'dtf.t7~ Sc2f/- tY.;2 " ..~, ~~.. '.'"',' ~,- < '"-"~ ~H_,",'~"'~', '~, ..y,"' ,,= " r,' IJ'" '" r ~ ,. t. i<'" I '-" Fi~ 3~?2 --~--. .,~"~~~,~, "",., ': r,'~~~l!!I'~~'f'!j~'!lM!.>lr'i'1!','~I\~..~t""""" . "("",",V CUl'f.=<:~~h-"';.t":\;,\L' j i..-h...h')1\111 1\!.U....... ,- Pr'INSV1 \!!\~!I" Cl'>ti 11..\1 ,,~II' td ~~. ;j ?4~ ~~~tP.. t'~~~~4~ .. ---:,;:, JEFFREY SCOTT DAVIS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2000-8521 SHANNON KAY DAVIS, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attach Complaint, it is hereby directed that the parties and their respective counsel appear before the Custody Conference Officer, on the day of , 2002, at o'clock .m., at 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 shall also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT: 'Date: By: Custody Conference Officer 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 Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 if~r.'l':l " '. ~l . , , i ,I . Jl: u.~ JEFFREY SCOTT DAVIS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2000-8521 SHANNON KAY DAVIS, Defendant CIVIL ACTION IN CUSTODY LAW c;;Q,KPLhINT ~F ~ F t'Q.:hi-Il.\-.or { lutfrm AND NOW, comes the Plaintiff, JEFFREY SCOTT DAVIS, by his attorney, Francis M. Socha, and makes the following Complaint for Custody: 1. The Plaintiff is JEFFREY SCOTT DAVIS, an adult individual residing at 215 West Locust Street, Mechanicsburg, Cumberland County Pennsylvania. 2. The Defendant is SHANNON KAY DAVIS, an adult individual, who currently resides at 41 Landvale Road, York Haven, York County, Pennsylvania. 3. The Plaintiff and Defendant were married and two (2) children were born as a result of this relationship is the subject of this action, namely: Randi Jean Davis, DOB 10/10/93 Kenneth James Davis, DOB 3/19/99 4. On December 20, 2000, the parties entered into a Custody Stipulation whereby the Plaintiff received primary physical custody of Randi Jean Davis and the Defendant received primary physical =&"1 _ :,j ~ - custody of Kenneth James Davis. (A true and correct copy of the said Custody Stipulation is attached hereto and marked as Exhibit A) . 5. The parties entered into a Modification to Custody Stipulation on December 23, 2000, which provided that the children, during periods of partial custody on alternating weekends, do not have to stay overnight with the respective parent if they do not desire. (A true and correct copy of the Modification to Custody Stipulation is attached hereto and marked as Exhibit B) 6. Plaintiff seeks primary physical custody of the child Kenneth James Davis, a minor child. 7. The minor child is presently in the custody of the Defendant. 8. During the past five (5) years, Kenneth James Davis has resided with the Defendant at the following addresses: 60 Iroquois Trail, York Haven, York County, Pennsylvania 9. The natural father of Kenneth James Davis is the Plaintiff. 10. The natural mother of Kenneth James Davis is the Defendant. 11. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the minor child in this or any other court, except for this instant custody action. 2 ..~ ""' l' ,,,,,,,,,I M~ ~~ I ,..I < " "-,~ ~--k-i 12. The Plaintiff has no information of any pending custody proceeding concerning Kenneth James Davis pending in a court of this or any other jurisdiction. 13. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation with the said minor child. 14. Plaintiff believes that the best interest of Kenneth James Davis would be served if primary physical custody is awarded to the father, the Plaintiff herein. 15. Each parent whose parental rights to the child have not been terminated and the person who has the physical custody of the child have been named as parties to this action. WHEREFORE, JEFFREY SCOTT DAVIS requests this Honorable Court to primary physical custody of the minor child, KENNETH JAMES DAVIS. Respectfully submitted, #l~ ancis M. Socha, Esquire 2201 North Second Street Harrisburg, PA 17110 (717) 233-4141 Attorney for Plaintiff Date:J_ /)'-q;;. 3 ,- ~ -<-..J'rrHi!II!Lh.c, VERIFICATION I, JEFFREY SCOTT DAVIS, hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Fa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ~ 1.)-0).. ",_.J I" .~ ~ , _"__"__~m_ ~ " ~~ ~t ~~.......w. '~N~ '- IlIiilllll1~ --!M.~~;-'-' "I-n --, "., ~ 1 ?F1imr '60 JEFFREY SCOTT DAVIS,: IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW SHANNON KAY DAVIS, : NO. 2000-8521 DefendantIRespondent CIVIL TERM : IN CUSTODY ORDER AND NOW, this ;21."Q::- day of December, 2000, the hearing scheduled for December 18,2000 at 9:00 a.m. is hereby continued indefinitely. Either party may request a hearing on the Emergency Petition pending the Conciliation Conference. In is further Ordered that the attached Custody Stipulation is hereby made an Order of Court pending the Conciliation Conference and further Order of Court BY THE COURT: l%v Q iuJu!Jr [J)~ 9 J. esley Oler, Jr., J. TE;iU?~~~ (~{J~~?l,) .i:;,ri()%:~~ f~,[(':c~:r?~ E xhd01'+ l\A \( In r{!;1:;~~?1j{;,?~"'j ,i'," /;::~' >, '. . ~~~~~~/~~~~l~,~6~ --~-- . ...._-,....~. ProihonCWf1 ;,~ ., - - '" ~ "' ',. ~~. ~ JEFFREY SCOTT DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : CIVIL ACTION - LAW V. SHANNON KAY DAVIS, Defendant : NO. 2000- 8521 CIVIL TERM : IN CUSTODY CUSTODY STIPULATION The parties hereby agree to the following Custody Stipulation pending the Custody Conciliation Conference regarding the following children: o <;~ :s' -ncu rrt!,\"l ~~' :;:(: ~>? :'>c~ -:7 :=\ -<, c::; C:. .-4 ,q CJ ""'-7t C) Tracy Marie Davis, DOB 2/23/91 Randi Jean Davis, DOB 10/10/93 ~'~', Kenneth James Davis, DOB 3/19/98 1. The parties shall share legal custody of the children, 2. Mother shall have primary physical custody of Tracy Marie Davis and Kenneth James Davis. 3. Father shall have primary physical custody Randi Jean Davis. 4. The parties shall alternate physical custody of all of the children on weekends beginning Friday, December 15, 2000 at 5:00 p.m. to Sunday, December 17,2000 at 6:00 p.m. and alternating thereafter at the same times. Father shall have physical custody of the children on the first weekend, December 15 to December 17,2000. "~....~ ~, '-;,'f "V" _.0 -,...; (;:J ~;::' ~. ,.o,'~~d~, .-,.. ,- .,---"'~ "" ~ ~ "...; Jt. '. H~"" ~.,,,,,,, S. Father shall have physical custody of all of the children on December 24,2000 at 5:00 p.m. to December 25,2000 at 12:00 noon. Mother shall have physical custody of all of the children on December 25,2000 at 12:00 noon until 5:00 p.m. 6. The parties shall share transportation unless otherwise agreed. 7. The parties agree to continue indefinitely the hearing on Father's Emergency Petition scheduled for Monday, December 18,2000 at 9:00 a.m. before the Honorable J. Wesley Oler, Jr. Either party may request a hearing on the Emergency Petition pending the Conciliation Conference. IN WITNESS WHEREOF, the parties have set their hands and seals, on the day indicated. WITNESS: .t/~ ~d~ J~ OTT DAVIS ~~ SHANNON KAY DAVIS AND NOW, this ~ day of ~ ~~.J ,2000 before me, the undersigned officer, personally appeared Jeffrey Scott Davis, known to me or satisfactorily proven to be the person whose name is subscribed to the within document, and acknowledged that he executed the same for the purposes therein contained. ~ IN WITNESS WHEREOF, I hereunto set my hand and official seal. \)\0fu~~~ Notary Public \ NOTARIAL SEAL Vickie J. Group, Notary Public Borough of Carlisle, County of Cumberland My Commission Expires Aug. 30, 2004 ,,,,..:,,<~I ~ " . ~,""""'"- . ~~~'_.".. ~~ ~ - ,.' ' ....."~ ~ , ~',1~lUW_~x , . InfLL- AND NOW, this tV-- day of 2000 before me, the undersigned officer, personally appeared Shannon Kay Davis, known to me or satisfactorily proven to be the person whose name is subscribed to the within document, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~..U~ Notarial Seal April J. Colbert, Notary Public York City, York County, PennsylvanIa My Commission Expires Decembllr 09. 2002 ... - .... ~ ...- 7'~~J.J - . .........,,,...,..' " ~ ~ " >~ '.Iiiif' j - ""~-, - , ,~" JEFFREY SCOTT DAVIS,: IN THE COURT OF COMMON PLEAS OF PIaintiff/Petitioner CUMBERLAND COUNTY, PENNSYL VANIA V. CIVIL ACTION - LAW SHANNON KAY DAVIS, : NO. 2000-8521 Defendant/Respondent CIVIL TERM : IN CUSTODY MODIFICATION TO CUSTODY STIPULATION The parties hereby agree to the following modification of the Custody Stipulation previously entered in this matter. I. During periods of partial custody on alternating weekends, if Randi or Tracy do not want to stay overnight with the respective parent, the parent will not force the child to stay overnight. 2. All other provisions of the Custody Stipulation shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seals, on the day indicated. WITNESS: .~. 'l ':-l1_ If ~~fl\.U~ 6 .~ ,~ 'llr"il~J!I'j <\\' ~~~ date~l-cd JEFF DAVIS \ ~,," ./\.\ ':"_', r"..i\' " ~,,!. '__..~' . "" date .-"y.. " SHANNON KAY DAVIS EYh['~r~ [\ ~ (( "~- ~. I~o..:. "'~ -~! JEFFREY SCOTT DAVIS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO. SHANNON KAY DAVIS, Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Carrie E. Cook, secretary to Francis M. Socha, Esquire, hereby certify that a true and correct copy of the foregoing Complaint was sent by United States mail, postage prepaid, certified mail, return receipt requested, to the following: Shannon Kay Davis 41 Landvale Road York Haven, PA 17370 @tfAE~tf rie E. Cook Date: ;~';"J .~'''''''''''~:~~'tft!i~i;i;'lli,;j;~~'ill!M!:iI1.''lillilJrJM~~~i\1:';i't,j!:(',~iM~#~.''!!-!.;:~,~Vil'll'j~~illjj!t.i1lll!Wl!im;jI'\I~..~i!fIi~1!illi ~ ~" '"""""~~i~'"~'A-~'~~ P r '-. >-., "\ l.J ..., -..0 ,~, ~~=,.~ _,O~ ~,'~ ~~." ,._~_~,_,~,,~ ...0 c; t J ~ (") C ;;:"" ~HJ ~)s r:: ~.) ~;t~ "'"" .:., ..,:: ., lI] <;> ~ -- '':'1 1:1 II II II I o 1'0 o " -j ;~f~ .J] r- -elf""!l :;.JO ~~;C} . L,. _, :.,~ QC) ~m '-" "'''"1 35 -< ::~ :~n -< -.J ~ -.. .."b. '"f? '-'-' en , , ~~ I" '- ". ,',,--' "- ," ,",,' '",,;.. ,,,__,,-,'. . '-;=;;,;.bl ,:" '-'. -, ~~" ";""--i;";,-',-",__,~'",,L,);j;,~,,, ,~'~ --'",' '.': . 6" -:> . JEFFREY SCOTT DAVIS vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8521 CIVIL ACTION - LAW IN CUSTODY SHANNON KAE DAVIS ORDER Upon consideration of the Motion for Transfer to York County filed by the Defendant, the Court will schedule a conference call with counsel for the parties to determine the procedure for disposition of this Motion. A copy of this Order shall be sent to Francis Socha, Esquire, counsel for Plaintiff, at 2201 North Second Street, Harrisburg, PA 17110; and Glenn C. Vaughn, Esquire, counsel for Defendant, at 22 South Beaver Street, York, P A 1740 I. BY THE COURT: 1 wi., 8'''';?46<-- 1. ~~:::to-~lI~,~_ "=>': . ~ -t'M 711~/o:J". ~ r-l'~ I --0 ' .....&.'6". "",,'" , ,~' ~ " ;,..,~.,,,,; , ',j" ';"'''-" :' l/.~ ,;.. """;, _ ' . JEFFREY SCOTT DAVIS vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000-8521 CIVIL ACTION - LAW IN CUSTODY SHANNON KAE DAVIS MOTION FOR TRANSFER TO YORK COUNTY AND NOW comes Glenn C. Vaughn, Esquire, counsel for Shannon Kae Davis, Defendant, and moves your Honorable Court as follows: 1. A Stipulation of 1hese parties relating to custody of two of 1heir children was signed on May 22, 2001, and was entered as a Court Order to the above number and case on May 23, 2001. 2. On May 17, 2002, 1he Plaintiff filed a Petition for Modification seeking majority physical custody of Kenne1h James Davis, born March 19, 1999. 3. Kenne1h is in 1he custody of1he Defendant, his mother, pursuant to 1he Stipulated Order. 4. Kenne1h has never resided in Cumberland County and has always resided in York County, and York County is 1he proper forum for a determination of his custody under 1he law of Pennsylvania. WHEREFORE, your Honorable Court is requested to transfer this Petition for Modification to York County Court of Common Pleas, or alternatively, to dismiss 1he Petition and direct 1hat it be refiled in York County Court of Common Pleas. Respectfully submitted, :!f:.;,rX-~ Attorney for Defendant ID No. 07484 22 Sou1h Beaver Street York, PA 17401 (717) 845-9689 ,~,,' ~, ..,~~--..',.-'~' ,,^ ,,' '-f,' ".;.~: JEFFREY SCOTT DAVIS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-8521 CIVIL CIVIL ACTION - LAW SHANNON KAE DAVIS, Defendant IN RE: MOTION FOR TRANSFER TO YORK COUNTY ORDER AND NOW, this /.2 ot4- day of July, 2002, following telephone conference with counsel, it is ordered and directed that: 1. Counsel shall submit to the court stipulated facts and/or a request for a brief hearing within twenty (20) days of the date of this order. 2. Counsel for the plaintiff is authorized to reschedule the conciliation conference in this case not less than forty (40) days from today. 3. At the time of the submission of stipulations and/or request for hearing, counsel shall inform the court of the date of the rescheduled conciliation conference in order that the court might expedite disposition of this motion. BY THE COURT, Francis Socha, Esquire F or the Plaintiff ,IlJ Glenn C. Vaughn, Esquire For the Defendant ~~ 1/;;)./~-aA ~f. :rlm " ~~ IJI!, ~,.,.."~ , , ""~ -=" "' 1I11lOl_~1I!f<!!i, loil~..~~~~,_ . , __, _' 'FJIl!'W, . ~ '. ,.~ FiLEfr'OFFiCE Or:: Ttl;' t,C),^, rU(1"Yl'j'CARY ! 1._ 1"',,'1,---,1, Ii 02 JUL I 2 pll '<:"n , II ..... .,1u CUlvjBE:HLF;~O COUNTY PENNSYLVANiA ~-".. - ,'_. ~~"'~.,~~_ ,,~I~I!!D~q~m!l'l>>~JT m>'<!!lI:r~M,ll'-iIf.,"J,~tm,"_: '," ~ ""'"'r" ~ - - (" " -''',~' ",., ,__,.~,," ."S2 ',,:;I &, ~ , . I JEFFREY SCOTT DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8521 CIVIL TERM v. CIVIL ACTION - LAW SHANNON KAE DAVIS, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 24th day of July, 2002, it is hereby directed that the parties and their respectivecoun,sel appear before Melissa Peel Greevy, Esquire, the Conciliator, at 301 Market Street, !-emoyne, Pennsylvania 17043 on the 26th day of August, 2002 at 12:30 p.m. for a Cust~dy Conciliation Conference. At such Cohference, an effort will be made to resolve the issues in dispute; or if this cannot be accormplished, to define and narrow the issues to be heard by the court, and to enter a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The cou~ hereby directs the parties to furnish any and all existing PrQtection from Abu$e O~ders, Special Relief Orders and Custody Orders to the Conciliator 48 hours pridr to scheduled hearing. . B . e Issa P\:lel Greevy, Esquire Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dis!: Francis M. Socha, Esquire, 2201 N. Second Street, Harrisburg, PA 17110 Glenn C. Vaughn, Esquire, 22 S. Beaver Street, York, PA 17401 Taryn Dixon, Court Administrator, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 :160909 . -- ,~, ~e ~ ,~ OF 02 ,rue 3 I [;1';11' '-"', .!;. . .1'; CUI "".. ,,"'....' .- Vl~.~LhL. /~" ," , /"'1";[ !,'\,-, \f Pr-: '"," 'UI =.NNSYL\i;L\!\j{A. i I 7/3/ j",") /.1" ~~. d# ~~~..~~ ~~, \llIll_t,~~ ~~ l!I'Jm'~j;j!!f=fffi';.",m'l'i!~;!;~-!lij'!~i!'R4'i"i~8l;:-'l~~~~~~~:"",,,,~,", ,_~ ~'r >, " .. ~liI:~ ~ ~ . .I. fI\ ^ ,I,! ',;", , JUL 2 5 2002 f ~(Q)~W "" LAW OFFICES JERRY R. DUFFIE RlCHARD W. STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS DAVID W. DELUCE RALPH H. WRlGIIT, JR. DAVID J. LANZA MARK C. DUFFIE MELISSA PEEL GREEVY MICHAEL J. CASSIDY ROBERT M. WALKER JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET SlREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw.com HORACE A. JOHNSON COUNSEL TO THE FIRM TELEPHONE 717.761.4540 FACSIMILE 717.761.3015 E-MAIL mail@jdsw.com KEIRSTEN WALSH DAVIDSON OF COUNSEL WRITER'S EXT. NO. 18 E-MAIL mpg@jdsw.com FAX AND REGULAR MAIL 846-6665 July 24, 2002 FAX AND REGULAR MAIL 233-2342 Glenn C. Vaughn, Esquire 22 S. Beaver Street York, PA 17401 Francis M. Socha, Esquire 2201 N. Second Street Harrisburg,PA 17110 Re: Jeffrey Scott Davis v. Shannon Kae Davis No. 00-8521 Civil Term In Custody Dear Counsel: Pursuant to Judge Hess' Order of July 12, 2002, enclosed is an Order scheduling the Custody Conciliation Conference for August 26,2002 at 12:30 p.m. in the above matter. Very truly yours, MPG:kkm:160911 Enclosl!fe cc: fiaryn Dixon, Court Administrator (w/encl.) .~ V / "r lJI " .. '>' . "~j JEFFREY SCOTT DAVIS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8521 CIVIL CIVIL ACTION - LAW SHANNON KAE DAVIS, Defendant IN RE: MOTION FOR TRANSFER TO YORK COUNTY ORDER AND NOW, this s:~ day of August, 2002, a brief hearing in the above captioned matter is set for Thursday, August 22, 2002, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Francis Socha, Esquire For the Plaintiff .44- Glenn C. Vaughn, Esquire For the Defendant ~ ~ ll-o(.,.b;i., 0-. :rlm .~ ,'," - ,""""" ~'1"" '-, ""' ". ~ ~, . ',0 """,', 0 'I ~ f ,-- \ ;.:-::~)j\~OTARY P" .1I'~ C ,pc' 1'0" '"' I Ui~ H...,f., -0 ht'1 "L i CUM2~Hlj'I\ID COUNTY PENNSYLVANIA "lV~~q~~WI~~~~~.~T ".0--""" ,.,~ ""r"~~~ ',,_ ~" ~~I~UJiljll!!ij:"",,"., _= , ~ =,~_' ,~,., L _ ~1 ,~ ,,"'. . "~it! JEFFREY SCOTT DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-8521 CIVIL CIVIL ACTION - LAW SHANNON KAE DAVIS, Defendant IN RE: MOTION FOR TRANSFER TO YORK COUNTY ORDER AND NOW, this Z. ~"f day of August, 2002, following argument, the motion of the defendant, Shannon Kae Davis, for transfer to York County is DENIED. BY THE COURT, ~Glenn C. Vaughn, Esquire For the Defendant > . a:aul ti;;-tr(RXs .?rd- ~ancis Socha, Esquire For the Plaintiff :rlm ... ~ r",,_~ _,~1 ,,-- , = -, '~ -, ,.., ,- ,~".>, '~ ,~--.- ,. . ~ - RLED-ofFICE OF TI')!: tQf"\i1.1!"'QTAOV . Ii.. , "'-.,ii' '~JI A.. Ifln, 02 AUG 23 Pi'! 3: l. 9 CUMBEfilJl.!~D COUNTY PENNSYLVANiA ~~~lIj~ti!\lil1~~JIi~.."""", '''''''' ' r~"""",,~lIm~, ','. ~ '~ -~- <;~ , '~" ~.... - lllf,i. ). SEP 0 9 2002 JEFFREY SCOTT DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8521 CIVIL TERM v. CIVIL ACTION - LAW SHANNON KAE DAVIS, IN CUSTODY Defendant HESS, J. --- ORDER OF COURT AND NOW, this / ~ day of September, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties shall submit themselves and their minor child(ren) to an independent custody evaluation and home study to be performed by Dr. Schneider. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. The parties shall share the costs of the evaluation equally. 2. Following the completion of the custody evaluation and within fourteen (14) days of the receipt of the evaluator's report, counsel for either party may make a letter request to reconvene the Custody Conciliation Conference prior to proceeding to trial. 3. A hearing is scheduled in Courtroom Number 4 of the Cumberland County Courthouse, on the Hif15 day of January, 2003, at q; .&0 o'clock JL.M., at which time testimony will be taken. For the purposes of the hearing, the Mother, ShaM/n Xu J!)ClV/ S' ,shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are 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. 4. Pending further Order of Court or an agreement of the parties, the Order of May 23, 2001 shall continue in full force and effect. '" lIWill'-=~" " '.' Dist , BY THE COURT: Francis M. Socha, Esquire. 2201 N. Second Str et, Harrisburg, PA 17110 Glenn C. Vaughn. Esquire, 22 S. Beaver Street. Harrisburg, PA 17401 . "" ~JillliL. ~"" .' 1I~lIi1iliu:"", c.~".;, ~ Cj'./7-()"b , 9--. 0"".j ~ ~ ,,'-. ':'C #' ~ JEFFREY SCOTT DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8521 CIVIL TERM v. CIVIL ACTION - LAW SHANNON KAE DAVIS, IN CUSTODY Defendant 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 THE CUSTODY OF Randi Jean Davis Kenneth James Davis October 10, 1993 March 19, 1999 Father Mother 2. A Custody Conciliation Conference was held on August 26, 2002 pursuant to Father's Petition for Modification filed on May 17, 2002 wherein he seeks primary custody of Kenneth James Davis. Following the resolution of preliminary objections by Judge Hess and an Order dated August 23, 2002, the parties were seen for a conciliation conference. Present for the conference were the Father, Jeffrey Scott Davis, and his counsel, Francis M. Socha, Esquire; the Mother, Shannon Kae Davis, and her counsel, Glenn C. Vaughn, Esquire. 3. Father presently seeks primary custody of Kenneth James Davis. He presently has custody of Randi Jean Davis age eight (8). Father complains that Mother has recently had a live-in boyfriend who has disciplined his son in a way that he finds objectionable. He also reports that the Child came home from a custodial weekend with his Mother and informed in the Plaintiff that the Child was "a shit head". When Father inquired about this comment, the Child reportedly informed Father that Mother's boyfriend, Lupe, had called him that. Father also has concerns that the Child has been left unattended in a vehicle. Father presently resides with his parents and just started a new construction business. 4. Counsel for Mother reports that the boyfriend does not live there anymore. She denies that there are any problems in the home and reports that the Children enjoy spending. time together there with her daughter to another relationship, Tracy, age 11. ""':' l, '~'*_ ;. \,. NO. 00-8521 CIVIL TERM ~" .~. , 1 ~ ~- . '""!;Ii,,, Mother is employed by the Commonwealth of Pennsylvania and reports that the Children have been in the same daycare provider since birth. Mother presently resides in York Haven. 4. In as much as the parties did not reach an agreement on Father's request to have primary physical custody of Kenneth. An agreement was reached for the parties to participate in a custody evaluation and home study by Dr. Schneider. An Order to that effect is attached. Counsel for Mother is not available for hearing in the month of February 2003. Therefore, it is hoped that the custody evaluation will be able to be complete and a trial date scheduled for January 2003. :162365 Melissa Peel Greevy, Esq Custody Conciliator -= 'l , .; , "! go;:, '" , JEFFREY SCOTT DAVIS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2000-8521 SHANNON KAY DAVIS, Defendant CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT: ORDER OF COURT AND NOW, this #J day of January, 2003, upon consideration of the Plaintiffs Motion for Continuance, it is HEREBY ORDERED AND DECREED that the Motion for Continuance filed by the Plaintiff is granted and that the custody hearing scheduled for Courtroom No.4 of the Cumberland County Courthouse onJanuary 16; 2003 at 9:30 a.m. is continued. The hearing is rescheduled in Courtroom No.4 of Cumberland County Courthouse on the the JO-th day of 0 f1 h 'AL , 2003 at 9; 30 s.m. at which time testimony will be taken. All other terms of the Order entered on September 16, 2002 shall remain applicable and in effect. BY THE COURT: domestic.davis-order ./1J. J. :!iO > '~'T" e. .,"~", _: ',.'_~ 3'>,!' . O F// f'h """I~ ,l"....( ~---U'L.j"i~. 'I'" r :' ,/-,":,: i\':;::i'~; ,:,':',i~< ".. . ""^';-60\, '..' 'ii I{ 0.] tn.v 8 Vf.jfJ'... ii',',., filli/: 1.1 . 0/"1/"-" ,V/v1iJ/,_;.J.' "''-'''' I P{Mvs;~~/,.(oi.l:V7Y ,",.:/t'\/;A .. w.~ ~o ~~,", "~-'~"H':T'" ~,,~. 1~ "~-,',, -' '.' '. . ''','.w,.''_' ~"='Y' ' ' ~<.~ ~~-'~ ,"""~,.,,.~~ "~', '"", '.,.- . . . ,. ~'.. .... .... om' W1l)l1'i~,,,,,,.,, 0_ \!lI'm~J,;_, " __~"'r' ",=~ - ,. ""o""'"rrtrt~'H" ." ~~ ;;4 t ~ ~ .~ 'iJ4 . ~~J.J . m,.....,,"''''''''''1''~,~ ~.' .- -"":~ , .~c j,j,-- ~K~"i: .. JEFFREY SCOTT DAVIS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff v. NO. 2000-8521 SHANNON KAY DAVIS, Defendant CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE TO THE HONORABLE KEVIN A HESS: AND NOW, this d~ay of January, 2003, comes Francis M. Socha, Esquire, attorney for Jeffrey Scott Davis, Plaintiff and files this Motion for Continuance. I. This Honorable Court entered an Order on September 16, 2002 directing the parties to submit themselves and their minor children to an independent custody evaluation and home study to be performed by Dr. Stanley Schneider. The Court also scheduled a hearing on the Plaintiffs Petition for Custody for January 16,2003 at 9:30 a.m. 2. Counsel for Plaintiff has been advised that the evaluation of Dr. Stanley Schneider will not be completed in time for the hearing scheduled for January 16, 2003 at 9:30 a.m. 3. Attorney Glenn C. Vaughn, attorney for Defendant will be on vacation from February 15,2003 through March 12,2003. 4. Based upon the lack ofreceipt of Dr. Schneider's evaluation, counsel for the Plaintiff "~~ .~ '~ .1 . , i: ~_, ~'" , ';"'1?J11'[L~ri;),.: .. is requesting a continuance of the matter at a time subsequent to Attorney's Vaughn's availability after March 12, 2003. Respectfully submitted: Fr is M. Socha, ESqUlre 01 North Second Street Harrisburg, P A 1711 0 (717) 233-4141 domeslic.davis-motion,gfs - .'''- -~ = "' "~ ~ .. JEFFREY SCOTT DAVIS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. SHANNON KAY DAVIS, Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Carrie E. Cook, secretary to Francis M. Socha, Esquire, hereby certify that a true and correct copy of the foregoing Motion for Continuance was sent by United States mail, postage prepaid, certified mail, return receipt requested, to the following: Glenn C. Vaughn, Esquire 22 South Beaver Street York, PA 17401 Carrie E. Cook 1/3/03 Date: i--;:':J;-"~~_:"-"<~ ","-,y _'; .,i'~M" '[ -"'~- -',;~~,,'<:j~"'" '.ir1i:.J. ,--.:,. ,_J/L "f~ "'i'.,li1.~"'~) ~ . ~, '" - i.Jl "'"''<;t" t ~'"" " ~ "".",~' '." 0 0 0 C W '"T1 $: C- :::;:l -um ".. [~1;:!J mrn - ZT - , r- zr" I "T)fn 03F w,:, c.ny (j ."-- ,<c; .'jU :1> 'or /-H 01'..-) == :-"} 0 ~=C) 9 ;;)iTI Pc :::..; Z ,:n 5:i -~ --- 0 ~ . "-"~~" ~ ,~ ""'. " ." ~~ MAR 0 52001tJlJ JEFFREY SCOTT DAVIS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8521 SHANNON KAY DAVIS, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 27nd day of February, 2001, the Conciliator, having received a request from counsel for the Plaintiff an Continuance on January 16, 2001, and concurrence from counsel for the Defendant, the Custody Conciliation Conference scheduled for January 16, 2001 was canceled and the matter continued for 30 days. In as much as neither party has requested an additional Custody Conciliation Conference the Conciliator hereby relinquishes jurisdiction. FOR THE COURT, ~~,f.~;rn Custody Conciliator ~ :t,iii..;,'>, -.:"'-~" ~ .......i....-~jH;,k"',,-...~ot-jl~>,"'~.'.'i!tiMit~~~lh,~~~;1~~.1-f~~ ~ ~M."M' ,~. ,.~~~';':;'W' .-,=, _"'"""",,",...y",,--,,,_'d () c:: $:. -:;rF; ~L / c)j ~ ~( -"_.roo.... >~ -;", " ,~;~ ." '0.. ,."..."," " CJ ~R "', C-, .'C:-,I :_,) . n ,'" Ul I\!! " ' ", I ~. " J "'j~, , JEFFREY SCOTT DAVIS,: IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW . SHANNON KAY DAVIS, : NO. 2000 'f5;)/ CIVIL TERM DefendantlRespondent : IN CUSTODY ORDER AND NOW, this S ~ day of December, 2000, after consideration of the attached Emergency Petition, a hearing is scheduled on the matter on the I 'i IS-day of December, 2000 in Courtroom No. , at 1:00 o'clock-1L.M. in the ClUllberland County Courthouse, Carlisle, Pennsy\yania. f r -( , +I flt.tv"D/l()(r tic.. ~~2J C?j znJ f.ultrq- 4l.ldO eJ <:bt<-l . Vlc..dltt6/. II<lvt^'t >,^z.tl re.toc2t<: 3117 J1t.c L~i\Jr-c7? t\1Q..J.,t-1}:z.!J")tSO -,,",I, c.r-(' 1(' I It, s dU I., V r-cl>1 c.)?~c...~ nDr- .6e.c...re..lc. 1l.1c. ,~?TIQ)\ <[J 1'P'i ['rr I) tl.t.S BY THE COURT 8r71 C-lA. J r~ "'1 i. C D f' G)~ . cd 1. :lIl /;} -<? -m ~-g'W - . .- W'...,.~r ~~~ =,~ ~l: T~ ~~U~{~-=9~'flCE vi ,';; ,v; ",.1. ,/'r"AR'Y -"""--' "'-.il! 00 DEC -8 PI',; "; C"t:; , d ;:1.... CUMBERli'JlJO CnUNTY PENNSYLVANIA M-~~ ~a#~~ ~~ Z dfI' ,. .".... ~I,~,_,,"<_.. ,~' f'irIlJBHI!.~r&I. ^ ,~,,'~~, -' :f~~Wfii~i'J&l'\~l\I'!l, ~,~'~, ~ m~~iffl" l.H~~l,~~~ , -< . ~~ '~ , i', r~ ~~ "lJ<&' .. JEFFREY SCOTT DAVIS,: IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYL VANIA V. CIVIL ACTION - LAW SHANNON KAY DAVIS, : NO. 2000 Defendant/Respondent CIVIL TERM : IN CUSTODY ORDER AND NOW, this day of December, 2000, after consideration of the attached Emergency Petition, it is ordered as follows: Pending the Conciliation Conference and until further Order of Court, the parties shall shared legal custody of the following children Tracy Marie Davis, DOB 2/23/91; Randi Jean Davis, DOB 10/10/93; and Kenneth James Davis, DOB 3/19/98. Physical custody of the children shall be as follows: 1. Primary physical custody ofRandi shall be with her Father, with Mother having partial physical custody on alternating weekends. 2. Primary physical custody of Tracy shall be with her Mother, with Father having partial physical custody on alternating weekends and additional time during her Christmas holiday from school. 3. Shared physical custody of Kenneth on a week on/week off basis. 4. Father shall have partial physical custody of Tracy and Kenneth on Christmas Day from 12:00 noon to 5:00 p.m. 5. Mother shall have partial physical custody of Randi on Christmas Eve from 12:00 noon to 5:00 p.m. ;~ - "I , ..'.~!., - 6. The parties to share transportation. BY THE COURT: J. "~ >~ I _~..... ~ I" ,._ ~""lii"r,;i.",,;:;. _: ... JEFFREY SCOTT DAVIS,: IN THE COURT OF COMMON PLEAS OF PIaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW . SHANNON KAY DAVIS, : NO.2000-35.l.} CIVIL TERM DefendantlRespondent : IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 AND NOW, comes Petitioner, Jeffrey Scott Davis, by and through his attorney, Jacqueline M. Verney, Esquire and represents the following: 1. Petitioner is Jeffrey Scott Davis, who resides at 215 West Locust Street, Mechanicsburg, Cumberland County, P A 17055. 2. Respondent is Shannon Kay Davis, who resides at 60 Iroquois Trail, York Haven, York County, Pennsylvania, 17370. 3. Petitioner and Respondent are the parents of the following children: Randi Davis DOB 10/10/93 Kenneth Davis DOB 3/19/98 4. Petitioner has acted in loco parentis of Tracy Davis, DOB 2/23/91 since the child was three months old. 5. Mother removed herself and the three children from the marital home in June, 2000. She is living in the unfinished, unheated basement of friends. Two weeks after Mother removed the children, Randi decided she did not want to live with her mother. The parties agreed that Randi live with her Father. , ....~ ......~.... ,- "~ "' , "'~ H. tUliIlilt'Ji!'o,..;-o" - 6. Since June, 2000 to the beginning of the school year, Mother pennitted Father to have custody ofthe children from 3:00 p.m. to 7:30 p.m. every weekday and on alternating weekends. Once school started, Father had custody of Tracy and Kenneth on alternating weekends. 7. Father has permitted Randi to spend alternating weekends with Mother. 8. On December 2,2000, Father requested custody of Kenneth for a week. Mother refused to allow Kenneth to stay for a week. 9. On December 6,2000, Mother contacted Father and advised him that he would never See Tracy and Kenneth again. 10. Father fears that Mother will abscond with the children and secret them from him. 11. Father fears that he will not see the children for the Christmas holiday. 12. Father is living with his parents and can care for the children pending a conciliation conference. 13. Father's present residence can accommodate the chidlren. 14. Father is presently caring for Randi by himself. He is capable of caring for the other children by himself. 15. Father has always appropriately cared for the children. 16. Mother previously permitted Father to care for the children. 17. A custody conciliation conference will not be scheduled for approximately four weeks. WHEREFORE, Petitioner requests the Court, pending the Conciliation Conference and until further Order of Court, to grant shared legal custody and the following: (l~'. , ]J.. li.11 I , ""~~'N'AAl1<iI"' - 1. primary physical custody of Randi with her Father, with alternating weekends with Mother. 2. primary physical custody of Tracy with her Mother, with alternating weekends with Father and additional time during her Christmas holiday from school. 3. Shared physical custody of Kenneth on a week on/week off. 4. On Christmas Day from 12:00 noon to 5:00 p.m. 5. The parties to share transportation. Respectfully submitted, Date: I;;L - f - (JU ~9n,~ Y.tcq ine M. Verney, Esquire 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Supreme Ct. 10 23167 Attorney for Petitioner "', '" ,. ,.",.ok .' c_'c~' VERIFICATION I verify that the statements made in the within Emergency Petition 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.A. ~ 4904 relating to unsworn falsification to authorities. Dated: lj).. -t - 0 a .~~A~ Jeffrey S ott avis , ., c., . ;1,.',--,,' .. , , " . \,; ~, "';.; ',.--, , \," . +'-' . '". "'..~. , "'" . "'~ ., JEFFREY SCOTT DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW SHANNON KA Y DAVIS, Defendant : NO. 00-8521 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of December, 2000, upon relation of Jacqueline M. Verney, Esq., attorney for Plaintiff, that a stipulation will be entered in this matter, the hearing previously scheduled for December 18, 2000, is continued generally. Counsel are directed to contact the court if they desire a hearing in this matter. BY THE COURT, OJ ~l~;~ ~:u ) 2 -J 'J -00 RK.3 Jacqueline M. Verney, Esq. 44 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff Shannon Kay Davis 60 Iroquois Trail York Haven, PA 17370 Defendant, Pro Se :rc ~~ 0" Vi n!..f:D-O[~fiCE ;1. ':~ ,t"":;(;';~I-:'-"~i,\OT/\RY Go [1[[; I 9 ""// {i~ '""'I . .t,",+ ;-1/ . Iv CI "'v'I'-,ici;.<; c. "r', "Y'U'V'I"'( v, ~.<(..J JL.I'.\1-,'L../ '../v J . PENIVSYLI;ANI4 ",*lj.h~~-:".",~,,? :i','''i '"",""~~__l!~,",,L ~.-~~~~~""' -co- ,~~ ~~. '.0" _.,!i!JifiTll!_" , . "=.- .' -'>~. <'f-"",'0',:j! -"_T i""'~- l~ ,," ..~. "~...-"""" JEFFREY SCOTT DAVIS PLAINTIFF V. SHANNON KAY DAVIS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8521 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 15th day of December, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp HiU, FA 17011 on the 16th day of January, 2001 , at 1:00 p.m. 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. FOR THE COURT, By: Isl Melissa P. Gree Es 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 TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 >iii '~'" ""<" '^' "'0=' , v~ ~~_~" _"__' ",__~,,~., '~ ,'~' ,~' '.~ ~~, "." ,~ <<~..o<.<~" I'C'/P', ~.- , . i _' f ,,--I +rt:':i,,,..C OC C.' .... -" .,~,:: r , .' Jr'\I""'f"/~Y "-,' "jl 11 n,o 0'-'" I ^ ~" ... Jr.,..,:;! n'j /: S7 , . CUfv1BEHLN.iJ COUNTY PENNSYLVANIA I /~'N-aJ W.~ ~ ~ 4 ~ /CJ-ltJ.~ r~ ~ ;J ~IIU. Jd'ltf a; '11~ ~ d;?it ~'? , ji~ ,-,~ ~- , " " .,=."..,_~~"~_III"""'!",,, ,J, ",0,."" ~Wft$'~7.t' ~ , ' ", ,fl~Wfi'l-1OfJirwj\W'flffl'~,"lI~~~f~'?' : - '~!'i:'-~~jfJ~~om~iw,~~r ~, ", ",---, ,..",)) 't;j " ~ -~ ~ '~~,.,"" JEFFREY SCOTT DAVIS,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA V. CIVIL ACTION - LAW . . SHANNON KAY DAVIS, : NO.2000- 4591 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of ,2000, upon consideration of the attached Custody Complaint, it is hereby directed that the parties and their respective counsel shall appear before , the Conciliator, at on the day of ,2000 at o'clock. m., 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. FOR THE COURT, BY: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 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 I~ .', ~ JEFFREY SCOTT DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. CIVIL ACTION - LAW SHANNON KAY DAVIS, Defendant NO.2000- J'SJ-) CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the plaintiff, Jeffrey Scott Davis, by and through his attorney, Jacqueline M. Verney, Esquire and represents the following: 1. The Plaintiff is Jeffrey Scott Davis, residing at 215 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is Shannon Kay Davis, residing at 60 Iroquois Trail, York Haven, Yark County, Pennsylvania, 17370. 3. Plaintiff seeks custody of the following children: NAME PRESENT ADDRESS AGE DOB 2/23/91 Tracy Marie Davis 60 Iroquois Trail York Haven, P A 17370 Randi Jean Davis 215 West Locust Street Mechanicsburg, PA 17055 DOB 10/10/93 Kenneth James Davis 60 Iroquois Trail York Haven, P A 17370 DOB 3/19/98 Tracy Marie Davis was born out of wedlock. Tracy is not the biological child of Plaintiff. Randi Jean Davis and Kenneth James Davis were born in wedlock. '~ ". . ~""-"~t( ,~ J ._~~' "'-~ . ~ .l ~' ~,~ ,: '" ~ ~4~-"JJt,.L Tracy Marie Davis and Kenneth James Davis are presently in the custody of the defendant, Shannon Kay Davis, who resides at 60 Iroquois Trail, York Haven, Pennsylvania and Randi Jean Davis is presently in the custody of the plaintiff, Jeffrey Scott Davis. During the past five years, the children have resided with the following persons and at the following addresses: LIST ALL PERSONS ADDRESSES DATES Jeffrey Scott Davis, Randi Davis, James Earl Davis Nancy Jean Davis 215 West Locust Street Mechanicsburg, P A 17055 6/2000-present Shannon Kay Davis, Tracy Marie Davis Kenneth James Davis Scott E. Adams, Phyllis M. Adams 60 Iroquois Trial York Haven, P A 17370 6/2000-present Jeffrey Scott Davis, Shannon Kay Davis, Randi Davis, Tracy Davis Kenneth Davis 701 CassIe Road Manchester, PA 4/96-6/2000 The mother of the children is Shannon Kay Davis currently residing at 60 Iroquois Trail York Haven, PA 17370. She is married. The father of the children is Jeffrey Scott Davis currently residing at 215 West Locust Street, Mechanicsburg, P A, 17055. He is married. 4. The relationship of Plaintiff to the children, Randi Davis and Kenneth Davis is father. The Plaintiff has acted in loco parentis of Tracy Davis since June 1991. Plaintiff currently resides with the following persons: ,,_ I, ~~. - . " ~~',..--,,~iiI;.'!la' NAME RELATIONSHIP daughter father Randi Davis James Earl Davis Nancy Jean Davis mother 5. The relationship of Defendant to the children is mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Tracy Davis Kenneth Davis Scott E. Adams Phyllis M. Adams Charity Adams Timothy Adams daughter son friend friend daughter offriends son of friends 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the minor children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: '....;.L '. ~ ,~ ,," ' ,j ,< . L. '~~,~" "1i~" !1;;.1~,,' a. Mother moved from the family residence on or about June, 2000, taking all of the children with her. She is residing in the unfinished, unheated basement of friends. Immediately prior to the move, Mother's behavior became erratic and irrational.. b. Immediately after mother moved from the marital residence, mother permitted father to have partial physical custody of the children every weekday from 3 :00 p.m. to 7:30 p.m. and alternating weekends. c. After living two weeks in this arrangement, Randi requested to live with her father, which has occurred. Randi visits with her mother on alternating weekends. d. On December 6, 2000 Mother called father and told him he would never see Kenneth or Tracy again. Father has not communicated with her since that time. e. Father can provide a stable, nurturing, loving environment for the children. f. Randi has indicated a preference to live primarily with her father. g. Tracy is not the biological child of plaintiff, however he has acted in loco parentis for the child since she was three months old. h. Father is willing to cooperate with Mother to arrange liberal physical custody. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NONE. ~;;r" .~ - 1_ - ~ ~ ""~"~~Wg" WHEREFORE, Plaintiffrequests this court to grant shared legal custody of the children and the following: A. Primary physical custody of Tracy to Mother with periods of partial physical custody with Plaintiff on holidays and alternating weekends. B. Primary physical custody of Randi to Father with periods of partial physical custody with Mother on holidays and alternating weekends. C. Shared physical custody of Kenneth with the parties on a week on/week off physical custody of the children to Plaintiff. Respectfully submitted, Date: (:I-i-eN ~-~ tt'b- cq line M. Verney, Esquire 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Supreme Ct. ID 23167 Attorney for Plaintiff :''''''...... . -.,-"' ~~" " g_.!t.i~;;;;tL . VERIFICATION I verify that the statements made in the within 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.A. Ii 4904 relating to unsworn falsification to authorities. Dated: I;) - g-O'-<) ~J~ lef ey Davis - . JEFFREY SCOTT DAVIS,: IN THE COURT OF COMMON PLEAS OF PlaintifflPetitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHANNON KAY DAVIS, NO. 2000-8521 DefendantJRespondent CIVIL TERM IN CUSTODY ORDER AND NOW, this 2..(" i-L day of December, 2000, the hearing scheduled for December 18,2000 at 9:00 a.m. is hereby continued indefinitely. Either party may request a hearing on the Emergency Petition pending the Conciliation Conference. In is further Ordered that the attached Custody Stipulation is hereby made an Order of Court pending the Conciliation Conference and further Order of Court BY THE COURT: L'" _,~ _, ~'--~~g>"" ;i! .""... "" JIINL~,~. ~ ~"~[!~_ ~" <'." 1" 'r ,-,'. ~'"-' ~o "~== _ ._ <"~;:,J)TAF~Y 00 DEe 28 P;'I 2: n I .., ". CU"r ''''1 -, '.' " "r"" J"I'f1' ,\"'.0<,,,,,"\' L'\ll' I . ." , vll.JLJ .\_1 ,!'..) -",,",. I 1 I P-N,'''VI\'..,,,^ d l~uiL;:'/~i.I\ii!.... , "'~""'''''''''~''''.' :5 , (>Q ""() 6J '1 } ,,(," ,,",,,,,,,,,""lllfii~~~~illI!iI,_!__,l\lf~~~~~;r:~I,,,,~mj;o/.!~'~,,"Jffi!;1~~~~Wf-')ll!.,~~<;;~"'')j"!>i,-"" .....,..,"~ iili.--'-- ,~ { ~ .'. "~,- JEFFREY SCOTT DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA V. CIVIL ACTION - LAW SHANNON KAY DAVIS, Defendant NO. 2000- 8521 CIVIL TERM IN CUSTODY CUSTODY STIPULATION The parties hereby agree to the following Custody Stipulation pending the Custody Conciliation Conference regarding the following children: Tracy Marie Davis, DOB 2/23/91 Randi Jean Davis, DOB 10/10/93 Kenneth James Davis, DOB 3/19/98 1. The parties shall share legal custody of the children. 2. Mother shall have primary physical custody of Tracy Marie Davis and Kenneth James Davis. 3. Father shall have primary physical custody Randi Jean Davis. 4. The parties shall alternate physical custody of all of the children on weekends beginning Friday, December 15,2000 at 5:00 p.m. to Sunday, December 17, 2000 at 6:00 p.m. and alternating thereafter at the same times. Father shall have physical custody of the children on the first weekend, December 15 to December 17,2000. ~ ,~ ~ , '" ,. . """"'''-,' 5. Father shall have physical custody of all of the children on December 24,2000 at 5:00 p.m. to December 25, 2000 at 12:00 noon. Mother shall have physical custody of all of the children on December 25,2000 at 12:00 noon until 5:00 p.m. 6. The parties shall share transportation unless otherwise agreed. 7. The parties agree to continue indefinitely the hearing on Father's Emergency Petition scheduled for Monday, December 18, 2000 at 9:00 a.m. before the Honorable J. Wesley Oler, Jr. Either party may request a hearing on the Emergency Petition pending the Conciliation Conference. IN WITNESS WHEREOF, the parties have set their hands and seals, on the day indicated. WITNESS: h,V~ A~ J~~TTDAVIS ~.~ SHANNON KAY DAVIS AND NOW, this ~ day of t:cro ~~.) ,2000 before me, the undersigned officer, personally appeared Jeffrey Scott Davis, known to me or satisfactorily proven to be the person whose name is subscribed to the within document, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. \)~~~~ Notary Public \ NOTARIAL SEAL Vickie J. Group, Notary Public Borough of Carlisle, County of Cumberland My Commission Expires Aug. 30, 2004 u----- . ,"- ,'" "-~ ldliIiIIIIlIi..-...o"., . AND NOW, this ~ day of ~1~ ,2000 before me, the undersigned officer, personally appeared Shannon Kay Davis, known to me or satisfactorily proven to be the person whose name is subscribed to the within document, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal April J. Colbert, Notary Public York City. York County, Pennsylvania My Commission Expires December 09. 2002 ~T ~,~. ~ , ~F'" . '"L-__ " o~ 'l' ~~~. ililbl,".:: JEFFREY SCOTT DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 00-8521 CIVIL CIVIL ACTION - LAW SHANNON KAE DAVIS, Defendant ORDER AND NOW, this I J"- day of January, 2003, hearing in the above captioned matter set for April 1 0, 2003, is continued to Thursday, April 24, 2003, at 9:30 a.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Francis Socha, Esquire For the Plaintiff ~ /J;{ Glenn C. Vaughn, Esquire For the Defendant ~~ J./3.() 3 0..-., :rlm ~-" -- ~';"lli,jl<:W~-,,-)>' '''''~__nl'.&~ ~ !re1iti.iWt~"'8'1~\.>t.~i~M.1&l.1if~.~~'_~ ',;"",.... ,tIil_~."= >~~~ ,; \ ,-, r,"J \!,~' '! ,) \j~) ..Ji-.'" \"\' 0.. nc:. " l"i ,~'l . .).., '. ',j 'J'" ,'1''''\' -" I' '''', ',! ;'0\\1\\ C1 \~,-:i:;:~,i--\,--~t.l~.';') \';";;\ , lUl''''"~'~' \' 1,"'''Vi \!;\'\:;,~\ 1.Jc:.N\'~v\;.." " ,'~= ~"~ _o~. , ~I ,'u~. ~ JEFFREY SCOTT DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-8521 CIVIL CIVIL ACTION - LAW SHANNON KAE DAVIS, Defendant PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, this , 'I. day of July, 2003, after hearing and lengthy consideration of the testimony adduced, the custody order of May 23, 2001, is modified to the extent that the father's period of partial custody with the child, Kenneth James Davis, shall be increased so that the father shall have custody of the said child for one full week out of every four commencing on Friday at 5:00 p.m. until the following Friday at 5:00 p.m. The same shall commence on the second week of the father's partial custody following the entry of the order unless the parties have made arrangements for the summer in accordance with paragraph 5 of the May 23, 2001, stipulation of the parties, in which case, said week of partial custody shall commence with the father's first weekend of custody following Labor Day. This order shall remain in effect until stich time as Kenneth's enrollment in school makes the order no longer feasible in which event the custody arrangement shall revert to that directed in our order of May 23, 2001, unless, upon motion of either party, the court shall have otherwise directed. All other terms and conditions of the stipulation and order of May 2001, not inconsistent herewith, shall remain in full force and effect. BY THE COURT, e. " .'.' "', "~-. " ~"- '" ""~~''-'<.''<'JI"'''''"' ""4~t.='-~_~', '" ',>- (:iic.ED,-O~:F!Ct ,~, ' -- l' ,.. ,~_. 11. 'I Ul: ' ';' "\::, ,'If\''l UV;O 1[11 .J '"' ,~.. rilii o. ';Q (;10,,1,.,. CU!v~bt.f-:~, 1 ~jHTY pa,ii"~SYL\!lJ'iil\ I I I, 'h . - HAf'r.!!.. 1li'!._1~I'AlMllliUIILUi!lI ,'-." '. ,>,,'~ , '~7~'--"~'='.~~"='~=' ~'~ .. ~'lf\lOO!llf.lll,m!llll!ijil~ iT..,,, . Francis Socha, Esquire For the Plaintiff Glenn C. Vaughn, Esquire For the Defendant :rlm ~' '0 '< '1-., .. '_,~ ,0" , ~~ 7. IS. 03 Q-. --,,'. .KlJ." 1::