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Silvis, Erin J. Daily Attendance
Tue, Nov 30, 1999 12:0813M Page: 1
_ Days of Activity
Date Day of Week A.M. P.M.
1 09/13/99 Monday EXC EXC
2 10/04/99 Monday EXC EXC
3 10/08/99 Wednesday EXC EXC
4 10/18/99 Monday EXC EXC
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PYS5lU Cumberland County Prothonotary's Office Page 1
CLvLL Case Inquiry
149!1 04034 SILVIS MAX T, III (vs) SILVIS VICKI L.,
1?0n ronce No. Filed....... 7/01/1999
Ca:u: 'I'yF)v.....: COMPLAINT - CUSTODY Time..... .: 2:01
J::TIm Int...... • : 00 Execution Data 0/00/0000
lodge Ass i(Iriod: GUIDO EDWARD F. Jury Trial....
Oi:;1re:;r?c1 Desc•: Utspposed Date. 0/00/0000
Case Comments -- ---------- I1LgFrer Crt 1.:
Higher Cr.t 2.:
General Index Attorney Info
It I I,V I:; MAX I. 111 1) LAINTIFF MCKNIGHT MARCUS A III
140 "A" STREET
CARI,ISLF: PA 1701.1
'; I I.V I S VICKI 1. DEFENDANT
4925 SPRING ROAD
:01HUMANS DAIJ? PA 17090
k**A k****************+**+*******************************************************
" Pale EnI.ries
*A'kA*k********#**#*********************************k****************************
-- -- - FIRST ENTRY - - - - - - -- - - - - - - -
7/01/1999 PF'1TION FOR CUSTODY
7/1.J/1999 ORDER OF COURT DATED 7/12/99 - IN RE PETITON FOR CUSTODY -
----------------------
PREHEARING CUSTODY CONFERENCE 9/23/99 10:30 AM 4TH FLOOR CUMBERLAND
COUNTY COURTHOUSE - BY HUBERT X GILROY ESQ - NOTICE AND COPIES
MAIIJ.D 7/13/99
__ .. _..- _.. .. ..------_---'------_ ..-------------------------------
10/04/1999 CONCILIATOR CONFERENCE SUMMARY REPORT AND ORDER - DATED 10/4/99 -
HEARING 12/3/99 8:30 AM CR 5 -
12/0'7/ 1999 ORDER OF COURT DATED 12/3/99 - IN RE CUSTODY - BY EDWARD E GUIDO
11 COPIES MAILED 12/7/99
f/12/2000 PETITION FOR CUSTODY
A/20/2000 ORDER OF COURT DATED 6/19/00 - HEARING BEFORE HUBERT X GILROY ESQ
AT 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE PA ON 9/1/00 AT
10:30 AM FOR THE COURT HUBERT X GILROY CUSTODY CONCILAITOR COPIES
MAII.J-A) 6/21./00
8/15/2000 PI."Pr'PTON FOR SPECIAL RELIEF
--------------------------------------------------------
R/22/2000 ORDER OF COURT - DATED 8/21/00 - IN RE PETITION FOR SPECIAL RELIEF
BV THE COURT EDWARD E GUIDO J COPIES MAILED 8/22/00
- -- -------- ------- - -------------------------------
10/2000 CONCILIATOR CONFERENCE SUMMARY REPORT AND ORDER - DATED 9/19/00 -
HEARING IN CR 5 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA -
ON 11/22/00 AT 8:30 AM - BY THE COURT EDWARD F. GUIDO J COPIES
MAILED 9/19/00
10/27/2000 PETITION FOR SPECTAL RELIEF - BY MARK D SCHWARTZ BY ESQ ATTY FOR
PE,TI PIONER
----- ----_..-_--'--------------._-._.------------------- •---------
10/2.7/2000 ORDER OF COURT -- DATED 10/27/00 - IN RE PE'T'ITION FOR SPECIAL
RELIEF HEARING ON 10/31/00 AT 3:00 PM IN CR .l. CUMBERLAND COUNTY
COURTHOUSE' CARLISLE PA - BY THE COURT J WESLEY OLER JR J COPIES
MAIIJf:D 10/.10/00
---------------------------------------
11/02/2000 PETITION FOR WI'T'HDRAWAL OF APPEARANCE. BY GARY L KELLEY ESQ ATTY
FOR DEFT
----------'------------------
11/03/2000 ORDER OF COURT DATED 10/31./00 - IN RE PLF'FS PETIITON FOR SPECIAL,
Itl•:I,IEF PENDING THE HEARIN(; SCHEDULED BEFORE EDWARD E GUIDO FOR
11/2.2/00 BY THE COURT J WESLEY OL,ER JR COPIES MAILED 11/3/00
------------------------
II/(1R/2000 ORDER OF COURT DATED 11/7/00 - IN RE PETITION FOR WITHDRAWAL OF
APPEARANCE RULI•: IS ISSUED UPON DEFT WLVKI SILVIS TO SHOW CAUSE
WILY HER COUNSEL SHOULD NOT BE GRANTED LEAVE TO WITHDRAW FROM
REIII? ESENTATION OF HER - RULE RETURNABLE 10 DAYS AFTER SERVICE -
BV '1'111•: COURT EDWARD E GUIDO J COPIES MAILED 11/8/00
PYS510 Cumberland County Prothonotary 's Office Page
Civil Case Inquiry
19'I,f o4,0.34 SILVIS MAX L 111 (vs) SILVIS VICKI I,
Reference No..: F11ed........ : 7/01/1999
Casa llyppe..... : COMPLAINT - CUSTODY
Iuri Pime......... : 2:01
groeAssi 00 Execution Date 0/00/0000
IlJiudgre Atgnr?.: GUIDO EDWARD E Jury Trial....
po5ed Desc Disposed Date. 0/00/0000
C.isre Cn?mnenLs -- -- - H i gtler Crt I.:
Higher Cr.t 2.
1 1/21/2000 ORDER OF' COlIf2`P DATED 11 /20/00 RE&pEST OF' DEFT AND WITHOUT------
OBJECTION BY PLFF THE HEARING SCIIEEDU,ED IN Tips MATTER FOR 11/22/00
IS CONTtNUKD UNTIL, 2/7/01 AT 8:30 AM DY THE COURT EDWARD E GU.IDO
.I CUPII{S MAILED 11/21/00
12/1H/2f100 PI•PPI'I'ION FOR EMERGENCY RELIEF - BY MARCUS A MCKNIGHT III ESQ ATTY
FOR PITT I T 1 ONER
12/2fi/2000 ORDER OF COURT DATED 12/18/00 1N RE PETITION OF EMERGENCY
RELIEF - HEARING REGARDING THIS PETITION FOR PETITON FOR EMERGENCY
RI•;I,IEF 1'S HERE:RY SCHEDULED FOR 2/7/01 AT 8:30 AM IN CR 5 OF THE
CUMBERLAND COUNTY CARLISLE PA - BY THE COURT EDWARD E GUIDO J
COPIES MAILED 12/26/00
_ - - - - - LAST ENTRY - - - - - - - - - - - - - -
1A+A++k*+***+*++ir+*+.F++k++++*k}****+*++*+*iri+++k+***Yr*{.#**++k*+*+*#*****w*yr*y**. *.
+ Escrow Information
+ Fees 6 Debi t.s 1
COMPLAINT
35.00 35.00 .00
'PAX ON CMI'1'T .50 .50 .00
:ilti'1"I'LL?Ml•.NT
ICP Fl{E; 5.00 5.00 .00
CUSTODY FEY. 5.00 5.00 4 .00 .00
CIISTODY E'EI•: CO .00 4.00
1.00 .00 00
- -------------
50.50 50.50 .00
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+' End of Case Information
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MAX L. SILVIS, III
Plaintiff
V.
VICKI L. SILVIS,
Defendant
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
99-4034 CIVIL TERM
IN CUSTODY
TRANSCRIPT OF PROCEEDINGS
Proceedings held before the
HONORABLE EDWARD E. GUIDO, J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Wednesday, February 7, 2001,
in Courtroom No. 5
APPEARANCES:
MARCUS A. McKNIGHT, III, Esquire
Attorney for Plaintiff
DAVID LOPEZ, Esquire
Attorney for Defendant
1
INDEX TO WITNESSES
FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS
Max L. Silvis, III 6 17 -- --
Thalia Pappas 21 25 26 27
Laurie Ann Silvis 28 -- -- --
INDEX TO EXHIBITS
PLAINTIFF'S EXHIBIT NO. MARKED ADMITTED
2 - Carlisle Area School District 3 21
report card
3 - West Perry Elementary 3 21
report card
2
1 (Plaintiff Is Exhibit Nos. 1 through 4 were
2 premarked for identification.)
3 THE COURT: Good morning. Mr. McKnight, I
4 think we're here on your petition.
5 MR. McKNIGHT: Yes, we are, Your Honor.
6 THE COURT: You are requesting -- tell me
7 what is it you're requesting.
8 MR. McKNIGHT: The previous order, Your
9 Honor, is October 31, 2000, which provides shared physical
10 custody, week on, week off. We are here seeking a
11 modification of that, to have primary custody with father,
12 for reasons we'll set forth.
13 THE COURT: You will be setting forth what
14 occurred after the 31st of October?
15 MR. McKNIGHT: There is some information I
16 think which is relevant to some issues which related to this,
17 but that's our primary focus.
18 THE COURT: How can it not be your sole
19 focus, I guess is what I'm saying. I have a court order
20 dated three months ago. You are seeking modification of that
21 court order?
22 MR. McKNIGHT: Yes.
23 THE COURT: It would seem to me that I don't
24 want to rehash what Judge Oler heard.
25 MR. McKNIGHT: Well, he didn't hear it. It
3
1 was an agreement.
2 THE COURT: Well, isn't the appropriate case
3 law that you've got to show a change in circumstances in
4 order to justify a modification of a prior order.
5 MR. McKNIGHT: We will focus then on
just
6 the events after the 31st of October, Your Honor.
7 THE COURT: Okay. So you're asking for
8 primary physical custody with the father?
9 MR. McKNIGHT: Yes.
10 THE COURT: Your position, Mr. Lopez?
11 MR. LOPEZ: We're also asking for primary
12 physical custody.
13 THE COURT: You filed a counter-petition?
14 MR. LOPEZ: No, we haven't.
15 THE COURT: You're then going to focus on
16 what's occurred after the 31st of October to justify that
17 change? Am I correct in stating the law, that both counsel
18 agree with that? I mean, it appears in a year and a half
19 we've had how many hearings before the courts? How many
20 times do we have to continue hearing the same stuff?
21 MR. McKNIGHT: Well, there have been
22 significant changes. The mother has moved. The mother has
23 changed employment. There are a number of circumstances
24 which have changed since October. Some of the pending
25 criminal charges against the mother probably have had some
4
1 bearing on her agreement in October. So to whatever extent
2 they bring that up, we'll deal with it. But we'll focus on
3 from October till now.
4 THE COURT: What about the petition filed on
5 December 18th for special relief?
6 MR. MCKNIGHT: Our fear has been that
7 mother, who's boyfriend lives out of state, would move the
8 child out of state.
9 THE COURT: She's under an order not to do
10 that, is she not?
11 MR. MCKNIGHT: She's ordered not to do that.
12 We simply wanted to make sure that the mother was crystal
13 clear that she's not to do that. That's all we were really
14 asking for in that petition, to make sure that mother knew
15 that she was not to take the child out of the state to live
16 with the boyfriend.
17 THE COURT: But there's no allegations in
18 that petition that she took the child out of the state to
19 live with her boyfriend.
20 MR. McKNIGHT: We only know that on two
21 occasions she did remove the child out of state without
22 telling us.
23 THE COURT: For purposes of a visit?
24 MR. McKNIGHT: We suppose. We don't know
25 what her purposes were, but she did take the child and
5
1 basically lied to us about doing that.
?j
2 THE COURT: You may proceed, Mr. McKnight.
3 MR. McKNIGHT: I call my first witness, Max
4 Silvis, to the stand.
5 MAX L. SILVIS, III
6 having been duly sworn, testified as follows:
7 DIRECT EXAMINATION
8 BY MR. McKNIGHT :
9 Q Would you state your full name for the
10 record, please?
11 A Max L. Silvis, III.
12 Q What is your address?
13 A 148 "A" Street, Carlisle.
14 Q Are you employed?
15 A Yes, I am.
16 Q Where do you work?
17 A United Wash Systems.
18 Q How long have you worked there?
19 A Five years.
20 Q What do you do at United Wash Systems?
21 A Manager.
22 Q How long have you been the manager there?
23 A Two years.
24 Q Now, since October of the year 2000, what
25 changed? What occurred in October of 2000 to cause
6
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significant change in the way that you were visiting or had
contact with your daughter, Erin?
A In October?
Q Yes.
A Just a lot of fighting and arguing between
me and Vicki back and forth.
Q Did she change where she lived?
A Yeah. She moved over with her mother in the
Carlisle School District, I believe it was in October.
Q Prior to that, where did she live?
A In Perry County.
Q So where was Erin going to school?
A In Perry County.
Q In West Perry, is that right?
A Yeah, Carroll Elementary.
Q Erin is how old?
A Seven.
Q What grade is she in over here at Carlisle?
A Second.
Q When she came over to -- have you had
regular contact with her teacher here in Carlisle?
A Yes, I have.
Q What's the name of her teacher in Carlisle?
A Mrs. Pappas.
Q When she came over to Carlisle last fall,
7
1 where did she stand academically?
2 A She was below grade level in just about
3 everything.
4 Q You've had custody of her. What's the
5 arrangement been since last October in terms of when you
6 would have your daughter, Erin, in your custody?
7 A Every other week.
8 Q One week on, one week off?
9 A Yeah.
10 Q When would you exchange custody of Erin?
11 A On Fridays.
12 Q So every Friday you'd exchange custody of
13 Erin?
14 A Um-hum.
15 Q Have you gotten any report cards since she's
16 come to Carlisle ?
17 A We've gotten one.
18 Q Okay. I'll show you Plaintiffs Exhibit No. 2.
19 Would you identi fy that, please?
20 A This is her report card.
21 Q Is that a copy of her report card?
22 A Yeah.
23 Q In the weeks that you've had custody of her,
24 since she's been with you week on, week off, has she missed
25 any school while she's been in your custody?
8
I A No, she hasn't.
2 Q Has she ever been late for school?
3 A No, she hasn't.
4 Q In the semester she's been in Carlisle, has
5 she missed any school or been late for school?
6 A She's missed three days, and she's been late
7 three days.
8 Q Were those during periods when she was under
9 the custody of the mother, Vicki Silvis?
10 A Yes, it was.
11 Q When you've had custody of Erin, have you
12 been working with her in terms of doing her work, making sure
13 her homework is done?
14 A Yes, I have.
I
15 Q Describe what you do.
16 A Well, when I get home from work, I go over
17 the stuff she's already done. And I read a book to her every
18 night, and she reads two to me.
19 Q Was she weak in reading? Is that why you're
20 doing that?
21 A Yes, she was. She has special help in
i
22 reading.
23 Q You're married, is that correct?
24 A Yes.
25 Q And your wife's name?
9
1 A Laurie Silvis.
2 Q Does Laurie work with her when she gets home
3 from work?
4 A Yes.
5 Q When does Laurie get home?
6 A Laurie gets off work at 3:00, she picks the
7 kids up at 3:30, and she does their homework as soon as they
8 get home. She works with all three of them on their
9 homework.
10 Q Do you have any other children that attend
it the same school?
12 A Yes. I have a stepson, Nate Sites. He goes
13 to that school.
14 Q How many live in your household?
15 A With Erin there, it's five.
16 Q It's you, your wife, Erin, and the other two
17 children's names?
18 A Nate and Devin Sites. They're my stepsons.
19 THE COURT: How old are the other children?
20 THE WITNESS: Nate is nine and Devin is six.
21 BY MR. McKNIGHT:
22 Q When Erin lives with you, on a week basis,
23 when she's there for you a week, where does she stay? Does
24 she have her own room?
25 A Yes, she does. She has her own bedroom.
10
1 Q How many bedrooms in the house?
2 A Three.
3 Q Why is it that you think it's important that
4 you have primary custody at this point of Erin?
5 A Because I think she'd be in a more stable
6 environment living with my wife and I than she would be with
7 her mother right at the present.
8 Q Where is the mother living?
9 A 922 Gobin Drive.
10 Q Who lives with the mother in that house?
11 A Nola Ramos, Carlos Ramos.
12 Q Who are they? Who is Nola Ramos?
13 A That's Vicki's mother and stepfather. Gram
14 Kiner or Bea, they call her. I'm not sure of her name.
15 That's Nola's mother. Missy Kiner.
16 Q Who's that?
17 A Vicki's sister. Satch Kiner and Kaitlin
18 Kiner. That's Missy's children. And Vicki. Erin is there
19 when she has her for the week.
20 Q So that's a total of eight people in the
21 household?
22 A Yes.
23 Q When Erin is there?
24 A When Erin is there.
25 Q Seven when she's not. Does Erin, when she's
11
I I=
1 at the mother's, have her own bedroom?
2 A No, she doesn't.
3 Q Does Erin have her own bed?
4 A No, she doesn't.
5 Q When she's there, she has to have some
6 sleeping arrange ments, sleeping in somebody else's bed when
7 she's there, is that right?
8 A Yeah. That's what she's told me.
9 Q Now, as the Court has already pointed out,
10 you've had a dif ficult relationship with the mother, Vicki
11 Silvis, is that correct?
12 A Yes.
13 Q Does Vicki have any sort of temper that
14 you've seen mani festations of?
15 A Yes, she does.
16 Q How does she manifest her temper? What does
17 she do?
18 A Just gets real hysterically mad. I don't
19 know how else to explain it. Screaming and yelling.
20 Q Have you seen any signs of that behavior
21 reflected in you r daughter, Erin? Does Erin indicate any
22 concerns?
23 A She tells me that she's afraid of her
24 mother.
25 Q okay. Why is she afraid of her mother?
12
I What does her
2 A
3 not allowed to
4 she'll get mad
5 don't know how
6 what she says.
mother do to make her afraid?
She just states that she's afraid -- she's
bring up my wife's name when she's there or
at her. She says she'll slap her. Which I
far that goes, if that's the truth, but that's
7 Q During the period of time that you have been
8 doing the week on, week off, have there been any difficulties
9 that you know of in that period of time since October?
10 A I don't think it's very good for Erin. I
11 mean, the school level and the grades and stuff. I think we
12 work more with her when she's with us than her mother does
13 when she's there. Her mother works at night. She says she
14 doesn't really see her mother a whole lot.
15 Q What does her mother do right now? Do you
16 know what her mother does employment-wise?
17 A I'm not sure. She works at a restaurant.
18 Q Okay. Now, there have been occasions since
19 October of 2000 when you've been lied to about what Vicki was
20 doing with Erin?
21 A Yes. She said -- it was December 16th that
22 she was picking Erin up to go see Christmas lights. That's
23 when she took her out of state and didn't take her to school
24 on Friday.
25 Q So she missed school on a Thursday?
13
1 A No. It was a Friday she missed school. She
2 picked her up on a Thursday night.
3 Q Picked her up to see Christmas lights. When
4 was she to have her back? When did she say she'd have her
5 back?
6 A That was the beginning of her week. I was
7 supposed to get her back the next Thursday.
8 Q So all you know is that she picked her up
9 early to see Christmas lights, and then you found out she
10 didn't go to school the next day?
11 A Yeah. She went to that museum or whatever
12 in Rhode Island.
13 Q Do you have concerns about Vicki Silvis
14 leaving the state?
15 A Yeah. I'm afraid if she gets custody of
16 Erin that she just might cne day decide to move up to
17 wherever her boyfriend's at and just take Erin with her.
18 Q Do you know her boyfriend's name?
19 A I believe it's Lloyd Smith. I'm not sure.
20 Q How long have they been seeing each other?
21 A A couple of years. Three or four years, I
22 believe.
23 Q When did he leave the state?
24 A This past summer. The beginning of this
25 past summer, I think. I'm not sure on that.
14
1 Q You know, though, that Vicki left the state
2 for a while this past summer, is that correct?
3 A Yes. Yes, she did.
4 Q Apart from that, though, there have been no
5 problems with the exchanges back and forth?
6 A Not really, other than the fact that the
7 last time Vicki dropped Erin off at our house she took her
8 coat and her shoes off out on the front porch and took them
9 home with her.
10 Q She did what?
11 A She took her shoes and her coat off of her
12 when she brought Erin to our house to drop her off for a
13 visit. She took her shoes and her coat off with her and took
14 them home, took the shoes and coat home with her when she
15 dropped Erin off .
16 Q Why did she do that?
17 A Out of spite, I think.
18 Q Was there any problem in the past with
19 clothes that she was wearing?
20 A She just -- she's always been fighting about
21 the clothes off and on. Whatever she wears there, I send her
22 home in it. She always makes a big deal out of it.
23 Q Now, do you have a copy of her second grade
24 report card from West Perry?
25 A Yes, I do, at home.
15
1 Q Well, I'm going to show you an exhibit
2 marked Plaintiff's Exhibit 3. Can you identify that for us?
3 A Yeah. That's her report card.
4 Q Was that for the first semester in the fall
5 of 2000 before she came to Carlisle?
6 A Yeah.
7 Q Again, did she miss any time from school in
8 that first semester?
9 A Yeah. She missed three days.
10 Q Was she late at all?
11 A One time.
12 Q So she was late one day and missed three
13 days. Okay. You certainly don't object to her now being in
14 the Carlisle School District?
15 A No.
16 Q Is that working well for her?
17 A Yes, it is.
18 Q Do you love your daughter?
19 A Very much so.
20 Q Why do you think it's in her best interests
21 to live with you?
22 A Because I think it's a more stable
23 environment to be brought up in than her mother's, the way
24 she is, living with her mother and not knowing what she's
25 going to do next.
16
I Q Did you have a visit from her mother
2 recently?
3 A Last Thursday her mother came to the house. f
4 Q Last Thursday of last week?
5 A Yes.
6 THE COURT: whose mother are we talking
7 about?
g MR. McKNIGHT: Vicki's mother.
9 THE WITNESS: Vicki's mother.
10 BY MR. McKNIGHT:
11 Q Did she indicate to you at all that she
12 supported what you were saying about your home being stable?
13 A Yeah. She said we were probably more stable
14 than what Vicki was at the moment.
15 MR. McKNIGHT: Those are all the questions I
16 have of this witness at this point.
17 THE COURT. Cross.
18 CROSS-EXAMINATION
19 BY MR. LOPEZ:
20 Q Good morning, Mr. Silvis.
21 A Good morning.
22 Q With regard to Vicki moving to the Carlisle
23 School District, do you know why she had to move in with her
24 mother?
25 A I have no idea.
17
1 Q Were you aware that her brother was in a
2 serious auto accident?
3 A Yes.
4 Q Were you aware that he died as a result of
5 the accident?
6 A Yes.
7 Q You also testified that since the child has
8 been in Hamilton Elementary School she has not been absent
9 or tardy while she's been with you. Is that your testimony?
10 A Um-hum.
11 Q Isn't it a fact that on Tuesday, January
12 9th, the child came in at 8:43 when she was in your custody,
13 and also Wednesday, December 13th, while she was in your
14 custody, she came in at 8:42? So she was tardy. This is
15 according to the school.
16 A I wasn't aware of that.
17 Q You mentioned about the incident regarding
18 the Christmas lights on the weekend of, I guess, December
19 14th, that Thursday. Isn't that true that that was actually
20 her week?
21 A Yes, it was.
22 Q To have the kids -- I mean to have Erin?
23 A Um-hum.
24 Q You have concerns, you said, how on two
25 occasions Ms. Silvis went out of state. Did she bring the
18
1 child back?
2 A Yes, she did.
3 Q You said you have concerns about her leaving
4 the state one day. Could you been specific more about that
5 one day, about her ever leaving the state or --
6 A I'm worried about her taking my daughter and
7 moving out of state. That's what I'm worried about.
8 Q You mentioned, also, and you testified that
9 Vicki left last summer?
10 A Yeah.
11 Q Were you aware that she came back four days
12 later?
13 A Yes, I was, but that's because her brother
14 was in a car accident that she came back up. She came to my
15 house on June the 10th and said that she wasn't getting Erin
16 for the whole summer long. And at the end of the summer,
17 she'd call me and let me know what's going on about getting
18 her back for school.
19 Q Did she tell you on that occasion that she
20 would actually pick up the child on August 14th?
21 A She said either her or her mother would.
22 She wasn't clear on that.
23 THE COURT: Let's short-circuit this. Let's
24 make it very clear that we have a court order in existence
25 that neither party is going to leave jurisdiction of this
19
t
1 court to live without further order of court. That doesn't i
2 mean that they can't take a vacation somewhere. So let's
3 move on to something else, unless you have something specific
4 to articulate behind your concern that she's going to violate
i
5 the court order. I'll hear that. Otherwise, I don't want to
6 hear anything more about this.
7 MR. LOPEZ: All right. Thank you. i'
,
i.
8 BY MR. LOPEZ:
I
9 Q One final thing, Mr. Silvis, with regard to
10 the report card that your attorney just presented to the
11 court for West Perry Elementary School, Carroll Elementary
12 School, I believe, for last fall. Do you have that in front
13 of you?
I
14 A No, I don't -- yeah.
1
15 Q For her social and work habits, what do you
16 see there? Isn't it true that the majority, almost all of
17 the marks, are satisfactory?
18 A Yeah.
19 Q Outstanding, also?
20 A Um-hum.
21 MR. LOPEZ: All right. No further
22 questions, Your Honor.
23 THE COURT: Redirect?
24 MR. McKNIGHT: Nothing further, Your Honor.
25 We'd just ask for the admission of 2 and 3, Exhibits 2 and 3,
20
1 two report cards.
2 THE COURT: Any objection, Mr. Lopez?
3 MR. LOPEZ: No, Your Honor.
4 THE COURT: They are admitted.
5 (Plaintiff's Exhibit Nos. 2 and 3 were
6 admitted.)
7 MR. McKNIGHT: May it please the Court, at
8 this point I'd like to call the teacher, Ms. Pappas, at
9 Hamilton. We have a phone number.
10 THALIA PAPPAS
11 having been duly sworn, testified as follows:
12 DIRECT EXAMINATION
13 BY MR. McKNIGHT:
14 Q Would you state your full name for the
15 record?
16 A Thalia Pappas.
17 Q Spell your first name.
lB A T-h-a-l-i-a.
19 Q And your last name?
20 A P-a-p-p-a-s.
21 Q You are currently teaching in the Carlisle
22 School District, is that correct?
23 A Correct.
24 Q What grade are you teaching?
25 A Second grade.
21
1 Q Do you have a student by the name of Erin
2 Silvis?
3 A Yes, I do.
4 Q How long has she been a student with you in
5 your class?
6 A A full marking period.
7 Q How many years have you taught in the
8 Carlisle Schoo l District?
9 A Six years.
10 Q How many?
11 A Six.
12 Q Now, when Erin came to you, how was she
13 doing academic ally?
14 A She was below grade level in reading and
15 slightly below grade level in math.
16 Q Okay. How has she progressed since then?
17 A She's still below grade level in reading.
18 She has jumped up a level, so she has improved in reading.
19 Math, she has improved a little bit in math, too.
20 Q Now, we have before us two report cards, one
21 from the Carli sle District while you were her teacher, and
22 then we see on e from West Perry, for the first semester of
23 this year. Do you have both report cards in your presence?
24 A Yes, I do.
25 Q Let's look at, first, the report card which
22
1 we've called as Exhibit 2 from the Carlisle School District.
2 Has the child missed any days from school?
3 THE COURT: I already heard that. I don't
4 want to hear what I've heard before.
5 BY MR. McKNIGHT:
6 Q Are you able to see any difference in her
7 level of work on the weeks she's with dad as opposed to the
8 weeks that she's with mom?
9 A When she is with dad, she has better test
10 grades in spelling and in math than when she is with mom.
11 Q How do you know that?
12 A Because on spelling I have documented here
13 that when she's with mom she missed three -- she got nine
I
14 right out of twelve. When she's with dad, one week she had
i
15 twelve out of twelve, and another week when she was with dad
16 she had eleven out of twelve.
17 Q Okay. Is this --
18 A The math test with mom she had 65 percent.
19 A math test with dad she had 95 percent.
I
20 Q So you've seen this throughout the period
21 that she's been with you? Has this been consistent, this
22 difference?
23 A Yes.
24 Q How is she behavior-wise in class?
25 A She does have an attention problem, where
23
1 she has difficulty concentrating and staying focused, but
2 we're working on that.
3 Q She is making progress?
4 A Correct.
5 Q Going to what we call Exhibit 3, which is
6 the West Perry School District report card, have you reviewed
7 that?
8 A Yes, I have.
9 Q Is there anything about that that confuses
10 you or concerns you?
11 A In the math section, she has an "A" as her
12 overall grade, which is 90 percent to 100. But then under
13 the basic facts she has "S" for addition, which is a
14 satisfactory grade, and she has an "N" for needs
15 improvement for -- I'm sorry, addition is satisfactory and
16 subtraction is an "N," needs improvement. I do not see the
17 justification o f giving her a 90 percent to 100 when she's
18 satisfactory an d needs improvement.
19 Q So when she came to you, she definitely was
20 below grade in math?
21 A Correct.
22 Q She was significantly below grade in
23 reading, is tha t correct?
24 A Correct.
25 MR. McKNIGHT: Those are all the questions I
24
1 have.
2 THE COURT: Cross.
3 CROSS-EXAMINATION
4 BY MR. LOPEZ:
5 Q Good morning, Ms. Pappas. This is David
6 Lopez. With regard to the test scores in, I believe,
7 spelling, you had mentioned that she got an eleven and a
8 twelve when she was with the father, but would you state that
9 the average -- or the child performs above a nine when she's
10 with mother for the spelling exams?
11 A The spelling exams with mom is nine out of
12 twelve one week and ten out of twelve another week. Then
13 with dad it's twelve out of twelve or eleven out of twelve.
14 Q What kind of difference is that
15 academically? Is that --
16 THE COURT: I think I can figure that out,
17 Mr. Lopez.
18 THE WITNESS: What do you mean? I'm not
19 understanding your question.
20 BY MR. LOPEZ:
21 Q Strike the question. With regard to the
22 math ...
23 A What about the math?
24 Q Have you discussed any of these concerns or
25 the report card with her prior teacher that gave the scores?
25
I A No, I did not.
2 MR. LOPEZ: All right. No further
3 questions.
4 THE COURT: Redirect?
5 REDIRECT EXAMINATION
6 BY MR. McKNIGHT:
7 Q Just one follow-up. Have both parents been
8 involved in how the child is doing in Carlisle?
9 A I have spoken with the mom on -- I'm sorry,
10 the stepmom and the father on a regular bass. Mom, I've
11 seen her this past Friday with a conference.
12 Q Was that the first time you saw mom all
13 semester?
14 A Academically, yes. She was seen the f irst
15 week when she came here at lunchtime. She popped in for
16 lunch the first week Erin was here. But other than that,
17 that's the only two meetings I've run in with her.
18 Q How often have you seen the father and the
19
i stepmother?
20
I A The stepmother, I see her every day. The
21 father, I've seen him twice, for two conferences.
22 MR. McKNIGHT: Those are all the questions I
23 have.
24 THE COURT: Recross?
25
26
1 RECROSS -EXAMINATION
2 BY MR. LOPEZ:
3 Q Isn't it true that Erin's mother came in for
4 the Christmas party?
5 A Yes.
6 Q All right. Did you ever contact the mother
7 about any concerns you had before Friday's meeting?
8 A I did call her at the beginning when Erin
9 was first here, and she was unable to attend the conference.
10 Q And that was one call?
11 THE COURT: I'm sorry. Unable to attend
12 what? I missed that.
13 THE WITNESS: I had called her and spoke
14 with her regarding a conference, and she was unable to
15 attend.
16 THE COURT: Okay.
17 BY MR. LOPEZ:
18 Q There were no progress reports between you
19 and the mother?
20 A No.
21 MR. LOPEZ: All right. Thank you.
22 THE COURT: Thank you, ma'am. You may be
23 excused.
24 THE WITNESS: Thank you.
25 THE COURT: Next witness.
27
1 MR. McKNIGHT: Call Laurie Silvis to the
2 stand.
3 LAURIE ANN SILVIS
4 having been duly sworn, testified as follows:
5 DIRECT EXAMINATION
6 BY MR. McKNIGHT:
7 Q State your full name for the record, please.
8 A Laurie Ann Silvis.
9 Q Where do you reside?
10 A 148 "A" Street.
11 Q You are married to the Petitioner in this
12 case, Max Silvis, is that correct?
13 A Yes.
14 Q You have two children at home?
15 A Yes.
16 Q Then you have your stepdaughter, Erin?
17 A Yes.
18 Q We've heard that Erin has a separate
19 bedroom?
20 A Yes.
21 Q Describe the sleeping arrangements for the
22 Court. How do your children do that?
23 A We have a set bedtime, 8:00 or 8:30 on a
24 school night. Erin has her own room. My boys have their
25 shared room.
0: 28
1 Q Would you speak closer to the microphone,
2 please.
3 A Sorry. Erin has her own room, and my boys
4 share a bedroom.
5 Q What kind of relationship do you have with
6 Erin?
7 A A very good relationship. She very much
8 trusts me.
9 Q Describe Erin. What kind of little girl is
10 she?
11 A She's a very bright girl, very confused with
12 everything that's going on. She gets very confused about
13 everything, and I think that her mother does a little bit of
14 persuading on that point.
15 Q By confused, what is she confused about?
16 What is she concerned about when she comes over to spend a
17 week with you?
18 A Well, when she first gets there, she kind of
19 has an attitude all the time. I think a lot of it has to do
20 with her mother's negativity towards me and my husband.
21 MR. LOPEZ: Objection, Your Honor.
22 Speculation.
23 THE COURT: Sustained.
24 BY MR. McKNIGHT:
25 Q Does she say or do anything which would
29
I indicate there's a problem when she first gets there?
2 A Just her attitude.
3 Q Does she have trouble following directions
4 or listening to you?
5 A At the beginning of the week, yes, she does.
6 And then she comes around, and she's fine, because she knows
7 that we have rules in her house and you have to obey them.
8 Q Okay. Now, describe a day in your house.
9 How does the day start in the morning when Erin is with you?
10 A We get up in the morning. Everybody gets
11 dressed. We get all the clothes out and get ready. We get
12 breakfast ready. I fix Erin's hair and get ready for school,
13 get her lunch and her book bags and everything together, and
14 then we go to school.
15 Q Who takes Erin to school?
16 A I do.
17 Q You take her there every day?
18 A Yes.
19 Q When you tak e her there, do you have any
20 contact with the teacher?
21 A Yeah. I see her in and out, because she
22 drops -- she -- at the end of the day, she's lined up at --
23 that's the time I see her, at the end of the day, because
24 she's lined up a t the end to relieve the second graders.
25 Q Do you ha ve a chance to talk to the teacher
30
1 on how Erin is doing?
2 A Yes. I ask her how her behavior is and how
3 she's doing grade-wise.
4 Q When she first came to Carlisle, did she
5 struggle a bit academically?
6 A Yes.
7 Q What sort of additional help has she needed?
8 A She's to read extra and have parenting help
9 at home.
10 Q Okay. Have you been able to do that?
11 A Yes.
12 Q Does your husband help in that regard?
13 A Yes.
14 Q Have there been any behavioral problems in
15 school that you know of?
16 A She is unfocused, the teacher said, gets out
17 of her seat when she's not to. Me and Erin have talked about
18 that.
19 Q Now, you say you're close to Erin?
20 A Yes.
21 Q How has that manifested? How are you close
22 to her?
23 A Well, I think she trusts me because I don't
24 put her in the middle of things. I tell her just to be
25 herself and have her own feelings and not to worry about
31
1 things, because she's the child and we're the adults, and
2 we're supposed to worry about those kind of things.
3 Q How has it gone in terms of the exchanges in
4 the last -- since October of 2000?
5 A We tried to get along at one point, but when
6 she -- she asked to have her a Thursday to go see Christmas
7 lights and lied to us and took her out of school. We haven't
8 had no arguments on pickups here and there, except a couple
9 of times she gave my husband a hard time on the phone when he
10 tries to -- because he always calls Erin to let her know he's
11 on his way.
12 Q If Erin comes to live with you on a full-
13 time basis, how do you think that will benefit Erin?
14 A I think, school-wise, it will benefit her
15 better. I think she'd be a happier person if she doesn't
16 have all that negativity.
17 Q Then, of course, she'd see mom on a regular
18 basis?
19 A Yes.
20 MR. McKNIGHT: Those are all the questions I
21 have.
22 THE COURT: Mr. Lopez, cross?
23 MR. LOPEZ: No questions, Your Honor.
24 THE COURT: Thank you, ma'am. You may step
25 down. Next witness, Mr. McKnight.
32
I MR. MCKNIGHT: If it may please the Court,
2 at this time, we'd reserve rebuttal witnesses only. The
3 rebuttal witnesses in mind -- we know Officer Jeffrey Kurtz
4 is available and may be specially scheduled. Also, Brenda
5 Rose is going to be here later in the morning as a rebuttal
6 witness for us. She may not be necessary, depending on what
7 the testimony of Vicki Silvis is. Brenda Rose is a former
8 employer of Vicki and would describe to the Court issues with
9 her temper that became manifest in the workplace.
10 THE COURT: I'm hard pressed to hear
11 anything -- and I've heard it all -- I'm hard pressed to hear
12 how things have changed since October 31st based upon what
13 you've told me.
14 MR. McKNIGHT: May it please the Court, in
15 terms -- well, in terms --
16 THE COURT: You're talking now about
17 rebuttal witnesses, but I haven't heard any change in
18 circumstances. What is different today than existed October
19 31st?
20 MR. MCKNIGHT: Our position simply is, Your
21 Honor, that the best interests of Erin would be that she has
22 a more stable home with my client during the school year as
23 opposed --
24 THE COURT: But that existed on October
25 31st, did it not?
33
1 MR. McKNIGHT: It did. All we're showing
2 you, Your Honor, is that there hav e been improvements in her
3 academics when she's been with us on a week-to-week basis.
4 There would be more improvement if she were there during the
5 school year on a ful l-time basis.
6 THE COURT: This custody petition was filed
7 when, Mr. McKnight?
8 MR. McKNIGHT: Let me check.
9 THE COURT: I mean, I have an original
10 hearing scheduled in the matter for November 22nd. The order
it was entered December 31st. You filed a petition within weeks
12 for a change of custody that I scheduled for November 22nd,
13 and then we continued it to today.
14 MR. McKNIGHT: Right.
15 THE COURT: What possible change in
16 circumstances occurred in those two weeks? I mean, I'm a
17 little concerned about the interminable litigation in this
18 case. We have a court hearing scheduled for October 31st.
19 The parties come in and reach a good-faith agreement with
20 regard as to what's in the best interests of this child. Mom
21 and dad don't get along. Two weeks later, you request
22 another full-blown custody hearing based upon a change in
23 circumstances, and I've heard not one iota of evidence
24 regarding a change in circumstances.
25 MR. McKNIGHT: Again, our position is simply
34
1 that she's done well when she's been with dad during the
2 week. To extend that to the full-time custody would really
3 help this child academically. That's our position.
4 THE COURT: But when you filed this petition
5 she was only with dad a matter of weeks or a matter of days.
6 MR. McKNIGHT: She had just changed -- she
7 had changed her address. She was living in a home situation
8 which is less than ideal. She's changed employment again.
9 THE COURT: She's changed address since
10 October 31st?
11 MR. MCKNIGHT: I'm not sure that she's done
12 it since then. She had just changed address.
13 THE COURT: At the time you scheduled the
14 hearing before. What gives me incredible concern here is the
15 good faith of the father in entering into the agreement on
16 the 31st. Your position, Mr. Lopez?
17 MR. LOPEZ: Our client was willing to go
18 with the agreement that was signed -- the order that was
19 entered on October 31st in good faith. But when the
20 Plaintiff filed the action, she wanted to --
21 THE COURT: Do we have here a situation
22 where the parties are really concerned with the welfare of
23 this child, or do we have a situation where the parties want
24 to control each other? That is my overriding concern right
25 now. I've got the parties coming into court and the parties
35
1 agreeing to an order that they felt was in the best interests
2 of the child at that time. I've got a matter of days before
3 a petition is filed, and then a matter of days after that
4 before a petition for special relief is filed. What are you
5 saying to me, Mr. Lop ez? You have not filed a petition --
6 MR. LOPEZ: Yes. In talking with our
7 client, she's willing to stay with the week on, week off, the
8 order of October 31st of 2000.
9 THE COURT: And the only other witnesses you
10 would have would have been in rebuttal to this lady, is that
11 correct?
12 MR. MCKNIGHT: That's correct.
13 THE COURT: Okay. We'll enter the following
14 Order:
15 "AND NOW, this 7th day of February, 2001,
16 after hearing, the Court is satisfied that there have not
17 been any change in circumstances since the time of the entry
18 of Judge Oler's Order on October 31st, 2000, and said Order
19 shall remain in full force and effect."
20 I want to caution both of you, and I think I
21 cautioned you before. You've got a beautiful young child,
22 who, by all indications, is doing well and is relatively well
23 adjusted right now. That's going to change. I guarantee it,
24 as sure as I'm sitting here, if the two of you do not learn
25 to cooperate, that is going to change. What you have to
36
1 understand -- and it's a long time since any of us were
2 seven-year-olds -- but I've done enough of this work and I've
3 dealt with enough children to realize that, as the stepmother
4 said, she feels in the middle of this. The simple reason for
5 that is that she loves you with all her heart and
6 unconditionally, and she loves you with all of her heart and
7 unconditionally. And when she sees or hears you say
8 something bad about dad or hears you say something bad about
9 mom, that rips her up. She may not be able to articulate
10 that, but I guarantee you she lays in bed and thinks about
11 that, and you might as well kick her in the stomach as say
12 something bad about each other. She doesn't want to hurt any
13 one of your feelings. She doesn't want to have to choose to
14 live with mom or to live with dad. That's a horrible thing
15 to make a child want to do.
16 If mom and dad could deal with each other,
17 you wouldn't need the courts to decide. As an outside
18 observer, why did mom not tell you she wanted to take her to
19 a museum in Rhode Island? I can tell you. I'm willing to
20 bet you'd have said no. I'm going to my lawyer. I'm going
21 to file a suit. I'm going to stop it. She's not going to
22 go. You're not going to take her. Yet your child is no
23 worse for the wear. She got to see a museum. She got to
24 take a nice trip. And that was truly in her best interests.
25 If you'd have thought about that and not wanted to punish
37
I your wife for some prior hurts and vice versa, you would have
2 worked it out.
3 I challenge you both to work this out now
4 and to do what's best for the child. There may come a time
5 when it's best for the child to be totally with mom or to be
6 totally with dad. If you search your hearts, you'll know
7 that, and you won't need me to decide that. I wish you the
8 best of luck. The stakes are very, very high. Once this
9 child reaches teenage years, she's not going to love you
10 unconditionally anymore. Trust me. She's going to question
11 the things that you did to her and to each other when she was
12 a child. You can't turn that clock back.
13 Being a parent is the toughest job you'll
14 ever have. If you do it right, it's the most rewarding job.
15 So let's start working to do it right. Part of that is to
16 deal with each other. I say that I would deal with the devil
17 himself if it would help my child. You should certainly be
18 able to deal with each other. Good luck.
19 (Court was adjourned.)
20
21
22
23
24
25
38
CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
Susan Rice Stoner
Official Stenographer
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
Date
Edward E. Guido, J.
39
s
MAX L. SILVIS, III, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
VICKI L. SILVIS, 99-4034 CIVIL TERM
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 31st day of October, 2000, upon
consideration of Plaintiff's Petition for Special Relief, and
pursuant to an agreement reached in chambers between counsel for
the Plaintiff in the person of Marcus A. McKnight, III, Esquire,
and counsel for Defendant in the person of Gary L. Kelley,
Esquire, it:. is ordered and directed that, pending the hearing
scheduled before the Honorable Edward E. Guido for November 22,
2000, and further order of court:
1. Legal custody of the parties' child,
Erin Jean Silvis (date of birth July 21, 1993),
shall be shared by the parties.
2. Physical custody of the child shall be
shared by the parties as follows: the mnf-her
shall have physical custody from Thursday,
November 2, 2000, at 4:30 p.m. until Friday,
November 10, 2000, at 4:30 p.m.; the father shall
have physical custody from Friday, November 10,
2000, at 4:30 p.m. until Friday, November 17, 2000,
at 4:30 p.m.; and thenceforth the parties shall have
physical custody on an alternating weekly basis,
from Friday at 4:30 p.m. until Friday at 4:30 p.m.
3. Neither party shall remove the child from
the jurisdiction of this court.
CU..' ?:.: ?;JIY
f EN O)1V,%' ,l\II;
-1 ? Z z tll'el'
J .Wesley O Y, Jr.,
squire 4t?a
It., 3-60
A. McKnight, III,
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
Gary L. Kelley, Esquire
132-134 Walnut Street
Harrisburg, PA 17101
Attorney for Defendant
srs
By the Court,
RKs
MAX L. SILVIS, III,
Plaintiff.
V.
VICKI L. SILVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4034 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this 7th day of February, 2001, after
hearing, the Court is satisfied that there have not been any
change in circumstances since the time of the entry of Judge
Oler's Order on October 31st, 2000, and said Order shall remain
in full force and effect.
By the Court,
Edward E. Guido, J.
Marcus A. McKnight, III, Esquire
Attorney for Plaintiff
David Lopez, Esquire
Attorney for Defendant
Sheriff
srs
?:;
?,?,
c;.;:,--
MAX L. SILVIS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. 99-4034 CIVIL ACTION LAW
VICKI L. SILVIS
IN CUSTODY
DEFENDANT
AND NOW, Tuesday, July 23, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor Cumberland County Courthouse, Carlisle on Thursday, August 15, 2002 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /sl Hubert X Gilroy. Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
I
JUL 1 ry'
MAX L. SILVIS IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
VICKI L. SILVIS NO. 99-4034 CIVIL TERM
CUSTODY ACTION
ORDER OF COURT
AND NOW, this I OT" day of JULY, 2002, we shall consider the attached letter as
a Petition to Modify our prior custody order. The Court Administrator is directed to refer
this matter to a custody conciliator for a conference. Petitioner is directed to forthwith
pay any filing fees due.
By
Edward E. Guido. J.
Marcus A. McKnight, Esquire
For Max Silvis
Vicki Silvis
22 York Circle
Mechanicsburg, Pa. 17055
Court Administrator
:sld
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Honorable Judge Guido
Cumberland County Courthouse 1
Courthouse Square
Carlisle, Pa 17013
Date: 611312002
RE: Max Silvis vs Vicki Silvis
for custody of
Erin Silvis-Minor child
January 2001
Dear Honorable Judge Guido:
Vicki Silvis
22 York Circle
Mechanicsburg Pa 17055
717-691-8750 (Work)
I am writing in regard to the above mentioned case to request a modification of
this court order by you. The reason for my request is as follows:
As of June 7, 20021 have moved with my mother and sister into a 3 apartment
house in Mechanicsburg, Pa Cumberland County. I am requesting a modification
from shared alternate week custody to full time custody at my home for
enrollment in Cumberland Valley School District during the 2002-2003 school
year, and to continue. My daughter voices the desire to live with me in
Mechanicsburg and I feel there are many benefits to this. 1 do not know how old
Erin has to be to officially speak for herself, therefore as her mother, I feel
compelled to speak in her behalf.
Erin's father, Max Silvis and 1, Vicki Silvis are not in agreement concerning the
custodial needs of our daughter Erin Silvis.
I find myself in a situation to defend my custodial rights. After applying for legal
assistance in this matter, I was notified that my meager income is too much to be
eligible. In trying to comply with your honor's rulings in this case, however I am
asking that there is consideration of modification as soon as possible, and
certainly before this situation presents itself for the next school year.
Respectfully Submitted,
Vicki Silvis
MAX L. SILVIS, III, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS, CIVIL ACTION - LAW
NO. 99 - 4034 CIVIL TERM
VICKI L. SILVIS,
Defendant IN CUSTODY
ORDER OF COURT
AND now this C34 day of O , 2002, upon consideration
of the within Stipulation of the Parties, the terms hereto are hereby made an Order of
Court.
B e Court,
J.
SAIDIS
SHUFF, FLOWER
& LINDSAY
Armrt "-AT•uW
26 W. High Street
Carlisle, PA
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MAX L. SILVIS, III, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION -LAW
: NO. 99 - 4034 CIVIL TERM
VICKI L. SILVIS,
Defendant : IN CUSTODY
STIPULATION OF THE PARTIES
The parties hereto stipulate as follows:
1. They are the parents of Erin Silvis, born July 21, 1993.
2. Max Silvis, hereinafter father, resides at 148 A Street, Carlisle,
Pennsylvania.
3. Defendant, Vicki Silvis, hereinafter mother, resides at 22 York Circle,
Mechanicsburg, Pennsylvania.
4. The parties shall share legal and physical custody of their child, Erin
Silvis.
5. Commencing August 16, 2002 at 4:30 p.m., Father shall enjoy
residential custody of Erin, and Mother shall enjoy custody on the following schedule:
A. Every weekend from 4:30 p.m. on Friday until 7:30 p.m. on
SAIDIS
SHUFF, FLOWER
& LINDSAY
AWORMYPANAW
26 W. High Street
Carlisle, PA
Sunday commencing August 23, 2002, except that Father shall have custody
on 15 weekends per year, from 4:30 p.m. on Friday until 7:30 p.m. on Sunday
provided he gives to Mother five days notice of his intention to exercise his
period of weekend custody.
B. During the Christmas holidays, in even numbered years, from
Christmas Eve at 10:30 a.m. until Christmas Eve at 9:30 p.m. Father shall
have custody of the child in even numbered years from Christmas Eve at 9:30
p.m. until Christmas Day at 5:00 p.m. In odd numbered years, Mother shall
have custody of her child on Christmas Eve from 10:30 a.m. until Christmas
morning at 10:00 a.m. and Father shall have custody of the child in odd
numbered years from 10:00 a.m. on Christmas morning until 9:30 p.m.
C. On Easter Sunday, Mother shall have custody of the child in odd
numbered years from the Saturday preceding Easter at 6:00 p.m. until Easter
Sunday at 2:00 p.m. and Father shall have custody of the child from 2:00 p.m.
on Easter Sunday until 9:30 p.m. In even numbered years, Mother will have
custody of the child from 2:00 p.m. to 7:00 p.m. on Easter Sunday and Father
will have custody of the child from the Saturday before Easter at 6:00 p.m.
through Easter Sunday at 2:00 p.m.
D. Mother shall have custody of the child on Mother's Day from
10:00 a.m. until 7:30 p.m. and Father shall have custody of the child on
Father's Day from 11:00 a.m. until 7:30 p.m.
E. For two weeks during the summer, so long as Mother provides to
SHUFF, LOWER Father 20 days notice in advance of her scheduled vacation. Father shall also
& LINDSAY
ATIOM YS•AT-LAW have custody of the child for two weeks during the summer. To the extent
26 W. High street
? Gdisle, PA
possible, both parties will schedule their vacation so as not to interfere with the
alternating weekend pattern.
F. At such other times as the parties can agree.
6. Father shall not seek child support for Erin.
7. The parties stipulate the terms of this Agreement shall be entered as an
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATM11NEYS-AT•LAW
26 W. High Street
Carlisle. PA
Order of Court.
WITNESS:
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MAX L. SILVIS IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
VICKI L. SILVIS : NO. 99-4034 CIVIL TERM
AND NOW, this Z day of NOVEMBER, 2000, a Rule is issued upon Defendant
Vicki Silvis to Show Cause why her counsel should not be granted leave to withdraw
from representation of her. Rule returnable ten (10) days after service.
By the Court,
Marcus A. McKnight, Esquire
For Mr. Silvis
Gary L. Kelley, Esquire
For Vicki Silvis
Vicki L. Silvis
4525 Spring Road
Shermans Dale, Pa. 17090
:sld
Edward E. Guido, J.
Z"'.? -rqLu
/1-9-00
RK3
I RUE COPY FROM RECORD
In Tastlmooy whereof, l here unto set my harm
and the seal of said Court a Isfe• Pa.
fhi- day
-? Prothonotary
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Nov ,9 Or'
MAX L. SILVIS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4034
VICKI L. SILVIS, CIVIL ACTION - CUSTODY
Defendant
ORDER
AND NOW, this day of November, 2000, upon consideration of Gary L. Kelley's
Petition For Withdrawal of Appearance, it is hereby ORDERED and DECREED that Gary L.
Kelley's Petition is GRANTED and he is permitted to withdraw his appearance on behalf of the
Defendant.
BY THE COURT:
JUDGE
MAX L. SILVIS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4034
VICKI L. SILVIS, CIVIL ACTION - CUSTODY
Defendant
PETITION FOR WITHDRAWAL OF APPEARANCE
AND NOW, comes counsel for the Defendant, Gary L. Kelley, who respectfully Petitions
this Honorable Court as follows:
I. The undersigned, Gary L. Kelley, has entered his appearance on behalf of the
Defendant, Vicki L. Silvis, the Defendant in the above matter.
2. A hearing was scheduled before the Honorable J. Wesley Oler, Jr. on October 31,
2000 upon Plaintiffs Petition For Emergency Relief.
3. Prior to the hearing. Defendant contacted the chambers of the Honorable J. Wesley
Oler and made numerous disparaging remarks regarding the undersigned to the Judge's secretary.
4. These continents were made without the knowledge of the undersigned.
5. Defendant never informed counsel that she had made these comments.
6. At the conclusion the hearing on October 31, 2000, Defendant engaged in a course
of conduct which has subsequently made it impossible for counsel to continue to effectively
represent her.
7. Counsel expressed his desire that he be permitted to terminate hi representation
of Defendant.
1
8. Defendant concurred and requested that counsel take those steps necessary to end
his representation of her withdraw his appearance.
9. A custody hearing in this matter is scheduled for November 22, 2000.
10. It is in the best interest of justice that counsel be permitted to withdraw his
appearance.
Wherefore, counsel for the Defendant, Gary L. Kelley, respectfully requests that this
Honorable Court issue an Order permitting him to withdraw his appearance on behalf of the
Defendant.
Respectfully submitted,
Gary IIley
ID No. 01
132-134 Walnut Street
Harrisburg, pA 17101
(717) 238-1484
Attorney for Defendant
2
MAX L. SILVIS,
Plaintiff
V.
VICKI L. SILVIS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4034
CIVIL ACTION - CUSTODY
CERTIFICATE OF SERVICE
1, GARY L. KELLEY, Esquire, attorney for the Defendant in the above-captioned matter,
do hereby certify that 1 served a true and correct copy of counsel's Petition For Withdrawal of
Appearance by depositing same in the U.S. Mail, first class, postage prepaid, on the 2nd day of
November, 2000, upon the following individuals addressed as follows:
Vicki L. Silvis Marcus A. McKnight, 111, Esq.
4525 Spring Road 60 West Pomfret Street
Shermansdale, PA 17090 Carlisle, PA 17013
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GARY ELLEY
- -
I.D. #46
132-134 Walnut Street
Harrisburg, PA 17101
(717) 238-1484
Attorney for Defendant
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WEST PERRY ELEMENTARY SCHOOLS
Elllottsburg, Pennsylvania
Pupil Progress Report
GRADE 1
1g9g_1g 00
MARKING PERIODS 1 2 3 a
MATH
Recognizes and writes numbers
l5 learning addition facts fi
is learning subtraction facts f
Counts by 1'S ?-
Counts by 5's
Counts by 10's
SCIENCE
SOCIAL STUDIES
HEALTH
PHYSICAL EDUCATION
ART
MUSIC
LIBRARY
ATTENDANCE 1 2 3 a
Days absent
Times tardy
Pupil Name Silvis, Erin
Teacher Mrs. Kinclsborough
ACADEMIC GRADING KEY
O-Outstanding
S-Satistactory
N-Needs Improvement
U-Unsatisfactory
NON-ACADEMIC
GRADING KEY
- Satisfactory
?- Unsatisfactory
SOCIAL AND WORK HABITS
MARKING PERIODS 1 2 3 4
Works and plays well with others s
Shows respect/good manners
Obeys school. class. and
olayground rules
Follows directions .I-
Works independently without
annoying others
'h
Completes classwork on time
Is attentive
Completes homework on time
Displays positive attitude
Contributes to class discussions ?-
Uses time wisely +
Is well organized
ASSIGNMENT FOR NEXT YEAR:
Grade
Teacher
PLAINTIFFS
EXHIBIT
MEN
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Neeb.dl"''""• I',% "ass Jane Weber. CRNP
(717) 795.1 her
nou rain 401.1 Nym. eenlpn
995.3 Allergy 250.01 IDOM Con.
3017.02 Anxiety 487.1 porous
493.90 Aslmna 250.00 NIOOM Con.
7245 Back Pain 382.00 Otis Media. ACete
4660 Bronchms. Acute W2.3 Pap BPeMc
746.85 CAD 462 Pdarynpitls, Acute
496 COPD 034.0 Pharyngais, Seen
5950 Cystitis, Acute 480.8 PNarynpitis. Veal
311 Depression 272.0 Pure hypocholesler
692.9 Deenatdls, Contact 477.0 Rhmilis, Allergic
7804 nizziness 472.0 Hopes
7807 Fatigue 461.8 Sintorls. ACUIe
Gaslrcentenlis, 465.8 URI
0088 Veal 5990 UTI
30781 IT A Tension 616.10 Vagimes
7840 HA Vascular 079,99 Viral Syndrome
34610 HA Well Adult
NYpolhyrpidism V20.2
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smear
Days_ Weeks
TOTAL CHARGES. L 'i. 1.1 )
w Ma
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COPAY AMOUNT:
OTHER PAYMENT
TOTAL PAID TODAY: '
BALANCE DUE'
Cash ?Q Check ? Credit
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Check in ? Discover ? visa ? MasmrCard
I ru.rooY nuinonm my msuY.mco W.1.16 10 be paid
"c'111 l0 0a nbovn Pbysr[mu, interning I am
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nulharrzo Ow rmotso n1 perlmnnt momical mlormation (e'
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Pageret Signature
Provider Signature
MAX L. SILVIS IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
VICKI L. SILVIS NO. 99-4034 CIVIL TERM
CUSTODY ACTION
ORDER OF COURT
AND NOW, this 10"' day of JULY, 2002, we shall consider the attached letter as
a Petition to Modify our prior custody order. The Court Administrator is directed to refer
this matter to a custody conciliator for a conference. Petitioner is directed to forthwith
pay any filing fees due.
By
Edward E.
Marcus A. McKnight, Esquire
For Max Silvis
Vicki Silvis
22 York Circle
Mechanicsburg, Pa. 17055
Court Administrator - Coj-3 f+? ?fol o ?taj 17//O/O2
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tiJhl.??j'? rUP.r??,
Honorable Judge Guido
Cumberland County Courthouse
Courthouse Square
Carlisle, Pa 17013
Date: 611312002
RE: Max Silvis vs Vicki Silvis
for custody of
Erin Silvis-Minor child
January 2001
Dear Honorable Judge Guido:
Vicki Silvis
22 York Circle
Mechanicsburg Pa 17055
717-691-8750 (Work)
l am writing in regard to the above mentioned case to request a modification of
this court order by you. The reason for my request is as follows:
As of June 7, 2002 I have moved with my mother and sister into a 3 apartment
house in Mechanicsburg, Pa Cumberland County. 1 am requesting a modification
from shared alternate week custody to full time custody at my home for
enrollment in Cumberland Valley School District during the 2002-2003 school
year, and to continue. My daughter voices the desire to live with me in
Mechanicsburg and / feel there are many benefits to this. l do not know how old
Erin has to be to officially speak for herself, therefore as her mother, l feel
compelled to speak in her behalf.
Erin's father, Max Silvis and 1, Vicki Silvis are not in agreement concerning the
custodial needs of our daughter Erin Silvis.
l find myself in a situation to defend my custodial rights. After applying for legal
assistance in this matter, I was notified that my meager income is too much to be
eligible. In trying to comply with your honor's rulings in this case, however I am
asking that there is consideration of modification as soon as possible, and
certainly before this situation presents itself for the next school year.
Respectfully Submitted,
Vicki Silvis
FEB o r, .?
MAX L. SILVIS, III, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
994034 CIVIL TERM
VICKI L. SILVIS,
Defendant/Respondent IN CUSTODY
PRE-HEARING CUSTODY MEMORANDUM
OF PETITIONER, MAX L. SILVIS, III
I. Statement of Case:
The parties are the parents of Erin Jean Silvis, born July 21, 1993, age 7. The child, Erin
Jean Silvis, now is subject to an Order of Court dated October 31, 2000, attached hereto and
marked as Exhibit "A", which established joint physical custody on a weekly basis. The father,
Max L. Silvis, III, has enjoyed regular periods of shared custody with his daughter since that date
and now seeks primary physical custody of Erin Jean Silvis.
The father, Max L. Silvis, III, believes that he is able to provide the most stable
environment for the child. Max L. Silvis is married to Laurie Ann Silvis who has a very good
relationship with Erin.
The father has also filed a Petition for Contempt. The mother, in violation of the October
Order, has removed the child from school in order to visit her boyfriend in New York State.
II. Issue:
Whether the father, Max L. Silvis, III, should be granted primary physical custody of Erin
Silvis?
III. List of Witnesses:
1. Max L. Silvis. III will testify as to his relationship with the child and his ability
to provide a stable home for Erin Silvis. He will review the problems which Erin has
experienced while in the care of the respondent, Vicki L. Silvis.
2. Laurie Ann Silvis, the wife of Max Silvis and the stepmother of Erin, will testify
regarding her relationship with the child. She will outline significant problems she experienced
with the defendant, Vicki L. Silvis.
3. Officer Jeffrey Kurtz, Officer with the Carlisle Borough Police Department, will
testify about the conduct of Vicki Silvis regarding the child and the father and stepmother.
4. Miss Pappas, teacher of Erin Jean Silvis, will testify regarding the child and the
her education as well as admissions by the defendant and statements of the child.
5. Brenda Rose, Manager of McDonald's, will testify about the conduct of
defendant and issues related to the minor child.
W. Position of the Father, Max L. Silvis III-
The position of the petitioner, Max L. Silvis, III, is that he should be granted primary
physical custody of Erin Silvis.
2
V. Estimated Lenath of Trial:
The estimated length of trial is one-half (1/2) day.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
Date: February 6, 2001
By: Marcus A. McKnigW, III, Esq.
60 West Pomfret Street
Carlisle, PA 17103
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for petitioner
Max L. Silvis, III
EXHIBIT A
MAX L. SILVIS, III, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
VICKI L. SILVIS, 99-4034 CIVIL TERM
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 31st day of October, 2000, upon
consideration of Plaintiff's Petition for Special Relief, and
pursuant to an agreement reached in chambers between counsel for
the Plaintiff in the person of Marcus A. McKnight, III, Esquire,
and counsel for Defendant in the person of Gary L. Kelley,
Esquire, it is ordered and directed that, pending the hearing
scheduled before the Honorable Edward E. Guido for November 22,
2000, and further order of court:
1. Legal custody of the parties' child,
Erin Jean Silvis (date of birth July 21, 1993),
shall be shared by the parties.
2. Physical custody of the child shall be
shared by the parties as follows: the mother
shall have physical custody from Thursday,
November 2, 2000, at 4:30 p.m. until Friday,
November 10, 2000, at 4:30 p.m.; the father shall
have physical custody from Friday, November 10,
2000, at 4:30 p.m. until Friday, November 17, 2000,
at 4:30 p.m.; and thenceforth the parties shall have
physical custody on an alternating weekly basis,
from Friday at 4:30 p.m. until Friday at 4:30 p.m.
3. Neither party shall remove the child from
the jurisdiction of this court.
By the Court,
Marcus A. McKnight, III,
J&"win, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
Gary L. Kelley, Esquire
132-134 Walnut Street
Harrisburg, PA 17101
Attorney for Defendant
srs
7"HE COPY FROM RECORD
I„
In i-atm.,rr;'• Lreof, I here unto s_t my hand
and ti ?coi of sai Court 'air Carlisle, Pa.
..................
Prothonotary
Esquire
MAX L. SILVIS, III, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
994034 CIVIL TERM
VICKI L. SILVIS,
Respondent IN CUSTODY
CERTIFICATE OF SERVICE
1, Marcus A. McKnight, III, Esquire, hereby certify that on this date a true and correct
copy of the Pre-Hearing Custody Memorandum of Petitioner, Max L. Silvis, III, was served by
first class United States mail, postage paid in Carlisle, Pennsylvania 17013, upon the following:
Joan Carey, Esq.,
MidPenn Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
By:
Date: February 6, 2001
Marcus A. McKni0jt 11I, Es
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for Petitioner
Max L. Silvis, III
4
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MAX L. SILVIS, III, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
994034 CIVIL TERM
VICKI L. SILVIS,
Defendant/Respondent IN CUSTODY
PRE-HEARING CUSTODY MEMORANDUM
OF PETITIONER. MAX L. SILVIS III
1. Statement of Case:
The parties are the parents of Erin Jean Silvis, born July 21, 1993, age 7. The child, Erin
Jean Silvis, now is subject to an Order of Court dated October 31, 2000, attached hereto and
marked as Exhibit "A", which established joint physical custody on a weekly basis. The father,
Max L. Silvis, III, has enjoyed regular periods of shared custody with his daughter since that date
and now seeks primary physical custody of Erin Jean Silvis.
The father, Max L. Silvis, III, believes that he is able to provide the most stable
environment for the child. Max L. Silvis is married to Laurie Ann Silvis who has a very good
relationship with Erin.
The father has also filed a Petition for Contempt. The mother, in violation of the October
Order, has removed the child from school in order to visit her boyfriend in New York State.
II. Issue:
Silvis? the father, Max L. Silvis, III, should be granted primary physical custody of Erin
III. List of Witnesses:
Max L. Silvis. III will testify as to his relationship with the child and his ability
to provide a stable home for Erin Silvis. He will review the problems which Erin has
experienced while in the care of the respondent, Vicki L. Silvis.
2. Laurie Ann Silvis, the wife of Max Silvis and the stepmother of Erin, will testify
regarding her relationship with the child. She will outline significant problems she experienced
with the defendant, Vicki L. Silvis.
3. Officer Jeffrey Kurtz, Officer with the Carlisle Borough Police Department, will
testify about the conduct of Vicki Silvis regarding the child and the father and stepmother.
4. Miss Pappas, teacher of Erin Jean Silvis, will testify regarding the child and the
her education as well as admissions by the defendant and statements of the child.
5. Brenda Rose, Manager of McDonald's, will testify about the conduct of
defendant and issues related to the minor child.
IV. Position of the Father. Max L. Silvis. III:
The position of the petitioner, Max L. Silvis, III, is that he should be granted primary
physical custody of Erin Silvis.
2
V. Estimated Length of Trial:
The estimated length of trial is one-half (1/2) day.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
By: Marcus A. McKnigK III, Esq.
60 West Pomfret Street
Carlisle, PA 17103
(717) 249-2353
Date: February 6, 2001 Supreme Court I.D. No. 25476
Attorney for petitioner
Max L. Silvis, III
EXHIBIT A
MAX L. SILVIS, III,
Plaintiff
V.
VICKI L. SILVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-4034 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this 31st day of October, 2000, upon
consideration of Plaintiff's Petition for Special Relief, and
pursuant to an agreement reached in chambers between counsel for
the Plaintiff in the person of Marcus A. McKnight, III, Esquire,
and counsel for Defendant in the person of Gary L. Kelley,
Esquire, it is ordered and directed that, pending the hearing
scheduled before the Honorable Edward E. Guido for November 22,
2000, and further order of court:
1. Legal custody of the parties' child,
Erin Jean Silvis (date of birth July 21, 1993),
shall be shared by the parties.
2. Physical custody of the child shall be
shared by the parties as follows: the mnth,A
shall have physical custody from Thursday,
November 2, 2000, at 4:30 p.m. unti 1 Friday,
November 10, 2000, at 4:30 p.m.; the father shall
have physical custody from Friday, November 10,
2000, at 4:30 p.m. until Friday, November 17, 2000,
at 4:30 p.m.; and thenceforth the parties shall have
physical custody on an alternating weekly basis,
from Friday at 4:30 p.m. until Friday at 4:30 p.m.
3. Neither party shall remove the child from
the jurisdiction of this court.
By the Court,
Marcus A. McKnight, III,
yfwin, McKnight k Hughes
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
Gary L. Kell
132-134 Waln
Harrisburg,
Attorney for
ey, Esquire
ut Street
PA 17101
Defendant
srs
T';t.IF CORY FROM RECORD
In T'a i tac, ..h.reof, I hr.rc unto sM my hand
,.atrrCarlisle, Pa.
and t. seal of sai Court
Thi .. .....3..... f..N
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P
Esquire
MAX L. SILVIS, III, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
994034 CIVIL TERM
VICKI L. SILVIS,
Respondent IN CUSTODY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that on this date a true and correct
copy of the Pre-Hearing Custody Memorandum of Petitioner, Max L. Silvis, III, was served by
first class United States mail, postage paid in Carlisle, Pennsylvania 17013, upon the following:
Joan Carey, Esq.,
MidPenn Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
By:
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for Petitioner
Max L. Silvis, III
Date: February 6, 2001
4
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MAX L. SILVIS, III, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
VICKI L. SILVIS, CIVIL ACTION - LAW
Defendant NO. 99-4034 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of November, 2000, at
the request of the Defendant, and without objection by
Plaintiff, the hearing scheduled in this matter for November
22, 2000, is continued until February 7, 2001, at 8:30 a.m.
By the C
Edward E. Guido, J.
Marcus A. McKnight, III, Esquire
For the Plaintiff
//-07/-00
Joan E. Carey, Esquire v'/S
For the Defendant
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MAX L. SILVIS, III, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
994034 CIVIL TERM
VICKI L. SILVIS,
Respondent IN CUSTODY
ORDER OF COURT
AND NOW, this 18th day of December, 2000, upon consideration of the attached
Petition for Emergency Relief,
IT IS HEREBY ORDERED that a hearing regarding this Petition for Emergency Relief
is hereby scheduled for FA!t?_., 2001, at $- 36b'clock A .m. in Courtroom Number
S Cumberland County Courthouse, Carlisle, Pennsylvania 17013 at which time the parties
along with their legal counsel shall appear in person.
BY THE COURT
Edward E. Guido, Judge
ys
All
rAi
v
nt
MAX L. SILVIS, III,
Petitioner
V.
VICKI L. SILVIS,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
994034 CIVIL TERM
IN CUSTODY
PETITION FOR EMERGENCY RELIEF
AND NOW, this 18th day of December, 2000, comes the Petitioner, Max L. Silvis, III, by
his attorneys, Irwin, McKnight & Hughes, and makes the following Petition for Emergency
Relief against the Respondent, Vicki L. Silvis:
1.
The petitioner is Max L. Silvis, III, an adult individual who resides at 148 "A" Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2.
The respondent is Vicki L. Silvis, an adult individual whose current address may be 922
Gobin Street, c% Nola Ramos, Carlisle, Cumberland County, Pennsylvania 17013.
3.
The petitioner, Max L. Silvis, III, is the natural father of Erin Jean Silvis, born July 21,
1993.
4.
The respondent, Vicki L. Silvis, is the natural mother of Erin Jean Silvis.
2
5.
On or about October 31, 2000, this Court upon petition of Max Silvas, father, issued an
Order granting joint legal and physical custody to both parties. The Order called for a one week
on, one week off custody arrangement with exchanges to take place on Friday of each week. Due
to various concerns including petitioners being physically assaulted by mother and prior criminal
behavior, petitioner requested in this Court Order that respondent mother not take the parties'
child out of the Commonwealth of Pennsylvania. A copy of said Order is attached hereto and is
marked as Exhibit "A".
6.
Petitioner upon information and belief has reason to suspect that the respondent mother
removed the parties' child from the jurisdiction during Thanksgiving over her period of custody.
7.
It is known that respondent mother has a boyfriend who recently moved out of state either
to New York or Maryland.
8.
Previously until November of this year, this boyfriend had resided with respondent
mother for a lengthy period of time.
]l,_M,
3
9.
The child was brought back to Pennsylvania by respondent mother after her period of
custody over Thanksgiving and a proper custody exchange between respondent and petitioner
took place.
10.
On December 14, 2000, respondent contacted petitioner and requested that she be
permitted to visit with the parties' child Thursday evening to view Christmas lights.
Petitioner father was agreeable to this request and it was agreed between the parties that
the minor child would stay with respondent mother on Thursday evening even though a custody
exchange was scheduled for the following day.
12.
It was discovered on Friday, December 15, 2000, that the minor child was not in
attendance at school on that day.
13.
Petitioner father contacted the respondent's mother who informed petitioner father that
the minor child was with her mother out of state. The child indicates she spent the period of time
in the State of New York. See copy marked as Exhibit "B".
4
14.
Petitioner father was unaware that mother had planned to take the minor child out of state
and was not in any event agreeable to the same.
15.
Petitioner father has serious concerns with regard to the actions of the respondent mother
taking his child out of the state of Pennsylvania as raised at the prior court hearing held in
November.
16.
Respondent mother has now violated this specific provision of the Court Order two (2)
times within the past month.
17.
Respondent mother's actions are in clear violation of this Court's Order dated November
22, 2000.
18.
Without immediate court intervention, petitioner father believes that respondent mother
will continue to take actions in direct violation of this Honorable Court's Order.
5
WHEREFORE, petitioner father, Max Silvas, requests that this Honorable Court modify
the existing Court Order and temporarily grant him full custody of the parties' minor child with
periods of custody to respondent mother, Vicki Silvis, who shall not leave the jurisdiction of this
court until the court hearing scheduled for February 7, 2000, before the Honorable Judge Edward
Guido.
Respectfully
HtWIN,
By: C
Marcus . P
.4ttorne for Petit' er
60 West Pomfret eet
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court I.D. No: 25476
Date: December 18, 2000
6
EXHIBIT A
L
MAX L. SILVIS, III,
Plaintiff
V.
VICKI L. SILVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-4034 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this 31st day of October, 2000, upon
consideration of Plaintiff's Petition for Special Relief, and
pursuant to an agreement reached in chambers between counsel for
the Plaintiff in the person of Marcus A. McKnight, III, Esquire,
and counsel for Defendant in the person of Gary L. Kelley,
Esquire, it is ordered and directed that, pending the hearing
scheduled before the Honorable Edward E. Guido for November 22,
2000, and further order of court:
1. Legal custody of the parties' child,
Erin Jean Silvis (date of birth July 21, 1993),
shall be shared by the parties.
2. Physical custody of the child shall be
shared by the parties as follows: the mother
shall have physical custody from Thursday,
November 2, 2000, at 4:30 p.m. until Friday,
November 10, 2000, at 4:30 p.m.; the father shall
have physical custody from Friday, November 10,
2000, at 4:30 p.m. until Friday, November 17, 2000,
at 4:30 p.m.; and thenceforth the parties shall have
physical custody on an alternating weekly basis,
from Friday at 4:30 p.m. until Friday at 4:30 p.m.
3. Neither party shall remove the child from
the jurisdiction of this court.
By the Court,
Marcus A. McKnight, III,
,yfwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
Gary L. Kelley, Esquire
132-134 Walnut Street
Harrisburg, PA 17101
Attorney for Defendant
srs
TiF COPY FROM RECORD
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and t. srai of sail Court ,at Carlisle, Pa.
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EXHIBIT B
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VERIFICATION
The foregoing Petition for Emergency Relief is based upon information which has been
gathered by counsel and myself in the preparation of this action. I have read the statements made
in this document and they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein made are subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unworn falsification to authorities.
S//iL,-
X L. SILVIS, III
Date: DKQMiaER r a . 2000
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LAW OFFICES
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MAX L. SILVIS, 111, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VICKI L. SILVIS, NO. 994034 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this day of September, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
A hearing is s heduled in Courtroom No. 5 of the Cumberland County Courthouse
on the JAM01day of N0 V Lm6 t/L 2000 at ,?: 3Q A_.M. at which
time testimony will be taken in the above case. The Father, Max L. Silvis, III, shall
be the moving party and shall proceed initially with testimony. Counsel for the
parties shall file with the Court and opposing counsel a memorandum setting forth
the history of custody in this case, the issues currently before the Court, each parties
position on those issuesia list of witnesses who will be called to testify and the
summary of the anticipated testimony of each witness. This memorandum shall be
filed at least five (5) days prior to the mentioned hearing date.
2. Pending further order of this Court, the prior Orders dated December 3, 1999 and
August 21, 2000 shall remain in effect subject to the following modifications:
A. The restriction with respect to removing the child from Cumberland
County is removed. However, neither parent shall take the child over
night away from their home without first notifying the other parent as
to where they will be taking the child and providing an address and
phone number.
B. Both parties shall advise the other parent with respect to their current
address and phone number and place of employment. Additionally,
in the event there are any changes in their address, phone number or
employment, prompt notification shall be made to the other parent.
C. Father's periods of custody on every Wednesday from 4:30 p.m.
until 8:00 p.m. shall be changed from Wednesday to Thursday
evening from 4:30 p.m. until 8:00 p.m.
3. In all other respects, the custody arrangement shall continue pursuant to the Order of
December 3, 1999.
4. The exchange of custody location shall be at the Turkey Hill Mini-Mart located on
Spring Road in North Middleton Township, Cumberland County, Pennsylvania.
cc: Marcus A. McKnight, Esquire
Gary L. Kelley, Esquire
BY THE RT,
:?Om J.
Edward E. Guido
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AS
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PENNSYLVIuVC{
6
MAX L. SILVIS, III,
Plaintiff
VICKI L. SILVIS,
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 99-4034 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Erin Jean Silvis, bom July 21, 1993.
2. A Conciliation Conference was held on September 12, 2000, with the following individuals
in attendance:
The Father, Max L. Silvis, III, with his counsel, Marcus A. McKnight, Esquire; and the
Mother, Vicki L. Silvis, with her counsel, Gary L. Kelley, Esquire.
3. There is an existing custody Order from December 1999 which granted Mother primary
physical custody of the minor child and gave Father alternating weekends along with almost
the entire summer. A dispute arose during the summer months when the Father felt the
Mother was relocating out of state without his approval. There was also some incidents
involving the parties. Based upon these incidents, Father is now seeking to have the Court
again review the case and consider awarding Father primary custody. Mother suggests she
is back living in Perry County where she was in the past, things have settled down and she
feels there is no need to modify the custody arrangement.
4. A hearing is required because of Father's desire for primary custody. The Conciliator
recommends the entry of an order in the form as attached which includes a modification of
the existing Order in accordance with an agreement reached by the parties at the
Conciliation Conference.
C, f 1-31 ov _ 42??? k4
DATE Huber X. Gilroy, Esquire
Custody Conciliator
MAX L. SILVIS, III, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
994034 CIVIL TERM
VICKI L. SILVIS,
Respondent IN CUSTODY
ORDER OF COURT
AND NOW, this Z7Aay of October 2000, upon consideration of the
attached Petition for Special Relief,
IT IS HEREBY ORDERED that a hearing regarding this Petition for Special Relief is
hereby scheduled for-An:j-40 4, 2000, at.i-'W-o'clock -g.m. in Courtroom Number
-L Cumberland County Courthouse, Carlisle, Pennsylvania 17013 at which time the parties
along with their legal counsel shall appear in person.
Pending further order of Court, primary physical custody of the minor child, Erin Jean
Silvis will remain with the father, Max L. Silvis, III.
a'? I
BY THE COURT,
Jude
f, wC s?c DIcT fr {? 0
All"
on, OCT 27 All 10: 1 tt
CUtvIPL-NNSYLVANIA
MAX L. SILVIS, III,
Petitioner
V.
VICKI L. SILVIS,
Respondent
CIVIL ACTION - LAW
99-4034 CIVIL TERM
IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, this 27th day of October 2000, comes the Petitioner, Max L. Silvis, III, by
his attorneys, Irwin, McKnight & Hughes, and makes the following Petition for Special Relief
against the Respondent, Vicki L. Silvis:
The petitioner is Max L. Silvis, III, an adult individual who resides at 148 "A" Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2.
The respondent is Vicki L. Silvis, an adult individual whose current address may be 922
Gobin Street, c/o Nola Ramos, Carlisle, Cumberland County, Pennsylvania 17013.
3.
The petitioner, Max L. Silvis, III, is the natural father of Erin Jean Silvis, born July 21,
1993.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
4.
The respondent, Vicki L. Silvis, is the natural mother of Erin Jean Silvis.
2
5.
On the evening of October 26, 2000, the respondent was arrested by the police on a bench
warrant and was incarcerated in the Cumberland County Jail. The minor child, Erin Jean Silvis,
was turned over to the custody of her father, Max L. Silvis, III, the petitioner.
6.
The Assistant District Attorney prosecuting the charges against the respondent is Michael
S. Ferguson, Esq.
7.
The best interest of the child requires that she be placed in the primary custody of the
petitioner until further Order of Court.
WHEREFORE, the petitioner, Max L. Silvis, III, respectfully request that this
Honorable Court enter an Order against the respondent, Vicki L. Silvis, requiring her to provide
the relief set forth above to said petitioner.
Respectfully submitted,
IRWIN cc T & HUGHES
By:
Mark D. Schwartz, Esq.
Marcus A. McKnight, III, Esquire
Attorney for Petitioner
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
717-249-2353
Date: October 27, 2000 Supreme Court I.D. No: 25476
VERIFICATION
The foregoing Petition for Special Relief is based upon information which has been
gathered by counsel and myself in the preparation of this action. 1 have read the statements made
in this document and they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein made are subject to the penalties of 18 Pa.
C,S.A. Section 4904, relating to unswom falsification to authorities.
? u? A-&T
MAX L. SILVIS, III
Date0ctober 27 2000
MAX L. SILVIS, III,
Petitioner
V.
VICKI L. SILVIS,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
994034 CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, 111, Esquire, hereby certify that a copy of attached Petition for
Special Relief was served upon the following by depositing a true and correct copy of the same
in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania,
on the date referenced below and addressed as follows:
Gary L. Kelley, Esquire
132-134 Walnut Street
Harrisburg, PA 17101
IRWIEDSchwartz, KNIGHT & HUGHES
-ciJI(t.4 !t?
By: Iark Esq.
Marcus A. McKnight, 111, Esquire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: October 27, 2000
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MAX L. SILVIS, III,
Plaintiff
V.
VICKI L. SILVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4034 CIVIL TERM
ORDER OF COURT
AND NOW, this 21st day of August, 2000, our
custody order of December 3, 1999, is amended to provide
that neither party shall remove the child from Cumberland
County without further order of court. In all other
respects, our prior order of December 3, 1999, shall remain
in full force and effect.
By the Cou
Edward E. Guido, J.
Marcus A. McKnight, III, Esquire l? I
For the Plaintiff ? 1
Vicki L. Silvis f? ,r71
Pro Se (f? r?a'uv
:lfh Q?s
r
,
., JY
MAX L. SILVIS, III,
Petitioner
V.
VICKI L. SILVIS,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
994034 CIVIL TERM
IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, this 15th day of August 2000, comes the Petitioner, Max L. Silvis, III, by his
attorneys, Irwin, McKnight & Hughes, and makes the following Petition for Special Relief
against the Respondent, Vicki L. Silvis:
The petitioner is Max L. Silvis, III, an adult individual who resides at 148 "A" Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2.
The respondent is Vicki L. Silvis, an adult individual whose current address may be 922
Gobin Street, c/o Nola Ramos, Carlisle, Cumberland County, Pennsylvania 17013.
3.
The petitioner, Max L. Silvis, III, is the natural father of Erin Jean Silvis, born July 21,
1993.
4.
The respondent, Vicki L. Silvis, is the natural mother of Erin Jean Silvis.
1)
1hRJ.
5.
On May 21, 2000, at approximately 8:30 p.m., respondent, Vicki L. Silvis, came to the
residence of the petitioner and physically assaulted Lauri A. Silvis causing physical injuries to
her face. Criminal charges are pending against Vicki L. Silvis and a preliminary hearing is
currently scheduled for August 22, 2000.
6.
Pursuant to a Court Order dated December 3, 2000, the petitioner had custody of
the minor child for the summer. A copy of that Order of Court is attached hereto and is marked
as Exhibit "A".
7.
The respondent, Vicki L. Silvis, told the petitioner that she quit her job and was leaving
the Commonwealth of Pennsylvania. She indicated to the petitioner that she would not return for
the remainder of the summer.
8.
The respondent, Vicki L. Silvis, has refused to provide any information regarding her
address, her telephone number, or her whereabouts.
9.
On Monday, August 14, 2000, at 5:30 p.m., the respondent, Vicki L. Silvis, waited in
hiding at the residence of the petitioner. When his wife arrived home with his daughter, Vicki
Silvis came out of hiding and seized the minor child and attempted to flee the area. The police
were called and returned the minor child to the petitioner.
l0.
The petitioner had filed a Custody Petition in June of 2000. A Custody Conciliation
Conference is scheduled to be held before Hubert X. Gilroy, Esquire, on September 1, 2000 at
10:30 a.m. A copy of that Order of Court and Petition is attached and marked as Exhibit "B".
The petitioner fears that the respondent will remove the child from Cumberland County
in order to avoid the legal charges that are pending. On August 14, 2000, the respondent, Vicki
L. Silvis, again stated her intention to leave the Commonwealth of Pennsylvania as soon as she
could obtain custody of the minor child.
12.
The petitioner seeks to maintain physical custody of the minor child until the Conciliation
Conference on September I, 2000. He also seeks and Order of Court which prohibits the
respondent from removing the minor child from Cumberland County, Pennsylvania.
13.
The petitioner requests the following temporary custody Order of Court regarding Erin
Jean Silvis as follows:
a. The parties have shared legal custody of Erin Jean Silvis;
b. The petitioner, Max L. Silvis, 111, will have primary custody of
Erin Jean Silvis.
C. Pending further Order of Court, the respondent, Vicki L. Silvis, will
have periods of temporary custody of Erin Jean Silvis as the parties
agree. In no case may the respondent remove the minor child from
the County of Cumberland during her periods of temporary custody.
WHEREFORE, the petitioner, Max L. Silvis, III, respectfully request that this
Honorable Court enter an Order against the respondent, Vicki L. Silvis, requiring her to provide
the relief set forth above to said petitioner.
By:
Respectfully submitted,
IRWIN,
Marcus A. Md?night, III,
Attorney far. titior
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court I.D. No: 25476
Date: August 15, 2000
EXHIBIT A
MAX L. SILVIS, III,
Plaintiff
V.
VICKI L. SILVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4034 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 3rd day of December, 1999,
after hearing it is ordered and directed that the parties,
Max L. Silvis, III, and Vicki L. Silivs, shall have shared
legal custody of Erin Jean Silvis born July 21, 1993.
Mother shall have primary physical custody of the child
subject to periods of temporary physical custody by father
as follows:
A. On alternating weekends from Friday at 4:30
p.m. until Sunday at 8:00 p.m. Provided, however, that the
child shall always spend the Mother's Day weekend with
mother. If the father's weekend for visitation falls on
Mother's Day weekend, it shall be readjusted so that he has
two weekends in a row some other time.
B. Every Wednesday from 4:30 p.m. until 8:00 P.M.
C. In odd-numbered years from the Wednesday
before Thanksgiving at 4:30 p.m. until 9:00 a.m. Friday
morning.
D. Each year on Christmas from noon Christmas Day
until 8:00 p.m. on December 29.
E. Each summer from the Friday after school is
over until one week before schools begins. During said
period of temporary custody in the summer, the child shall
be returned to the mother every other weekend from 4:30 p.m.
on Friday until 8:00 p.m. on Sunday. Provided, however,
that the child shall always spend Father's Day weekend with
father. If Father's Day weekend is mother's regularly
scheduled weekend visitation, it shall be made up at another
time. Additionally, mother may have the child for up to one
week if she plans to go on vacation with her and if she
gives father at least 30 days notice.
F. Such other times as the parties may agree.
By the Co
Edward E. Guido, J.
A. McKnight, III, Esquire
e Plaintiff
vick?i L. Silvis
Pro Se
:lfh
TRUE COPY FR-^H CsC.nZD
In ! i, -.f ry hand
and ;ha ssai of said Coc,' et Ca,;.,l• , Pa.
This ....7. `...... day of ... 4e ...., 19.5.7
............ _
fl?_ I Prothonotary
EXHIBIT B
MAX L. SILVIS, III IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
VICKI L. SILVIS 19994034 CIVIL ACTION LAW
DEFENDANT IN CUSTODY
ORDER OF COURT
AND NOW, this 19th day of June , 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear beforeHubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on the 1st day of September , 2000, a00:30AM
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: /s/ Hubert X. Gilroy. Esq.b
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
TRUE CORY FROM RECORD
In Testimony whcrcoF, I h^re unto set my hand
and the seal cF said Coirt at Carlisle, Pa.
This ...c)...... day of.. .. ,
.
Prothonotary..
AMERICANS WITH DISABILITIES
ACT OF 1990
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 scheduling conference or hearing.
MAX L. SILVIS, 111,
Petitioner
V.
VICKI L. SILVIS,
Respondent
CIVIL ACTION - LAW
994034 CIVIL TERM
IN CUSTODY
PETITION FOR CUSTODY
AND NOW, this 12th day of June 2000, comes the Petitioner, Max L. Si-vis; III,} by his
attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custbdy.
1.
The petitioner is Max L. Silvis, III, an adult individual residing at 148 "A" Street,
Carlisle, Cumberland County, Pennsylvania 17013.
I
The respondent is Vicki L. Silvis, an adult individual who informed the petitioner on
Saturday, June 10, 2000, that she was quitting her job and leaving the state. Her current
whereabouts are unknown.
3.
The parties are the natural parents of one minor child, namely, Erin Jean Silvis, born July
21,1993.
4.
The Court entered an Order of Court in this case, dated December 3, 1999, a copy of
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
which is attached hereto and marked as Exhibit "A."
5.
Petitioner desires primary physical custody of the child and joint legal custody with
periods of visitation to respondent as can be mutually arranged between the parties. The
petitioner also respectfully requests an Order of Court prohibiting the respondent from leaving
the County of Cumberland and the Commonwealth of Pennsylvania with said child.
6.
The best interest of the child requires that the court grant the petitioner's request as set
forth above.
WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking
primary physical custody of the child and joint legal custody with periods of visitation to
respondent as can be mutually arranged between the parties, and a provision prohibiting the
respondent from leaving the County of Cumberland and the Commonwealth of Pennsylvania
with said child.
Respectfully submitted,
UGHES
By: :77 e
Ma cus A. McKnight l squire
Attor for Petitioner,
60 West Po-nikef Street
Carlisle, Pennsyh•anr
(717)249-2353
Supreme Court I. D. No. 25476
Date: June 12, 2000
MAX L. SILVIS, III, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
994034 CIVIL TERM
VICKI L. SILVIS,
Respondent IN CUSTODY
ORDER OF COURT
AND NOW, this _ day of August 2000, upon consideration of the
attached Petition for Special Relief,
IT IS HEREBY ORDERED that a hearing regarding this Petition for Special Relief is
hereby scheduled for August __, 2000, at -o'clock _.m. in Courtroom Number _,
Cumberland County Courthouse, Carlisle, Pennsylvania 17013 at which time the parties along
with their legal counsel shall appear in person.
Pending further Order of Court, primary physical custody of the minor child, Erin Jean
Silvis will remain with the father, Max L. Silvis, 111. The mother may have temporary custody as
the parties agree. In no case, may mother remove minor child from Cumberland County,
Pennsylvania.
BY THE COURT,
J.
EXHIBIT "A"
MAX L. SILVIS, III,
Plaintiff
V.
VICKI L. SILVIS,
DAfendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4034 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 3rd day of December, 1999,
after hearing it is ordered and directed that the parties,
Max L. Silvis, III, and Vicki L. Silivs, shall have shared
legal custody of Erin Jean Silvis born July 21, 1993.
Mother shall have primary physical custody of the child
subject to periods of temporary physical custody by father
as follows:
A. On alternating weekends from Friday at 4:30 .
p.m. until Sunday at 8:00 p.m. Provided, however, that the
child shall always spend the Mother's Day weekend with
mother. If the father's weekend for visitation falls on
Mother's Day weekend, it shall be readjusted so that he has
two weekends in a row some other time.
B. Every Wednesday from 4:30 p.m. until 8:00 p.m.
C. In odd-numbered years from the Wednesday
before Thanksgiving at 4:30 p.m. until 9:00 a.m. Friday
morning.
D. Each year on Christmas from noon Christmas Day
until 8:00 p.m. on December 29.
E. Each summer from the Friday after school is
over until one week before schools begins. During said
period of temporary custody in the summer, the child shall
be returned, to the mother every other weekend from 4:30 p.m.
on Friday until 8:00 p.m. on Sunday. Provided, however,
that the child shall always spend Father's Day weekend with
father. If Father's Day weekend is mother's regularly
scheduled weekend visitation, it shall be made up at another
time. Additionally, mother may have the child for up to one
week if she plans to go on vacation with her and if she
gives father at least 30 days notice.
F. Such other times as the parties may agree.
By the Co
Edward E. Guido, J.
`'M`\arcus A. McKnight, III, Esquire
Fqr the Plaintiff
Vil L. Silvis
Pro Se
:lfh
TUIE Cop"
rn^)e i
In 7. c ....,.rt, hand
arc. hc s. i o` ;2i:, Cor . c: ia.
This ....7........... day 19J1.1
..........,T.1!k..... .?- - ..
f,t? • Prothonotary
VERIFICATION
The foregoing Petition for Custody is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have head the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C,.S.A. Section
4904, relating to unswom falsification to authorities.
M t L. SILVIS, III
Date: JUNE 12 , 2000
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unswom falsification to authorities.
MO L. SILVIS, III
Date: August 15, 2000
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MAX L. SILVIS, III IN TI IF COURT OF COMMON PLEAS 01;
PLAINTIFF' C'UMBI?RI.AND COUNTY, 1'I:NNSYI.VANIA
V.
VICKI L. SILVIS 1999-4034 CIVIL ACTION LAW
DEFENDANT IN CUSTODY
ORDER OF COURT
AND NOW, this 19th day of June , 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear bef'orcHubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on the 1st day of September , 2000, a00:30AM
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: /s/ Hubert X. Gilroy. Esq.w
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUI' WHERE YOU CAN G I' LEGAL FIELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
.d/•OD (L? • ? Mares'
Gai?oo ???u su??D
7y- s?SfcPiiavo
MAX L. SII.VIS, 111, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
VICKI L. SILVIS,
994034 CIVIL TERM
Respondent IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2000, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear
before Esquire, the conciliator, at
, on the -day of 2000 at _ . 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 this conference may provide grounds for entry of a
temporary or permanent order.
By the Court,
Custody Conciliator
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, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
ACT OF 1990
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 scheduling conference or hearing.
MAX L. SILVIS, III,
Petitioner
v.
VICKI L. SILVIS,
Respondent
IN CUSTODY
PETITION FOR CUSTODY
AND NOW, this 12th day of June 2000, comes the Petitioner, Max L. Silvis, III, by his
attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody.
The petitioner is Max L. Silvis, III, an adult individual residing at 148 "A" Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2.
The respondent is Vicki L. Silvis, an adult individual who informed the petitioner on
Saturday, June 10, 2000, that she was quitting her job and leaving the state. Her current
whereabouts are unknown.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
994034 CIVIL TERM
3.
The parties are the natural parents of one minor child, namely, Erin Jean Silvis, born July
21, 1993.
4.
The Court entered an Order of Court in this case, dated December 3, 1999, a copy of
which is attached hereto and marked as Exhibit "A."
5.
Petitioner desires primary physical custody of the child and joint legal custody with
periods of visitation to respondent as can be mutually arranged between the parties. The
petitioner also respectfully requests an Order of Court prohibiting the respondent from leaving
the County of Cumberland and the Commonwealth of Pennsylvania with said child.
6.
The best interest of the child requires that the court grant the petitioner's request as set
forth above.
WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking
primary physical custody of the child and joint legal custody with periods of visitation to
respondent as can be mutually arranged between the parties, and a provision prohibiting the
respondent from leaving the County of Cumberland and the Commonwealth of Pennsylvania
with said child.
Respectfully suhmitted,
By:
IRWIN, MCKAIGHT & HUGHES
MarcusrA. ?ght, I,?
Att
orney r Petitioner,
60 West fret Street
Carlisle, Penn 13
(717) 249-2353
Supreme Court I. D. No. 25476
Date: June 12, 2000
EXHIBIT "A"
MAX L. SILVIS, III,
Plaintiff
V.
VICKI L. SILVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4034 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 3rd day of December, 1999,
after hearing it is ordered and directed that the parties,
Max L. Silvis, III, and Vicki L. Silivs, shall have shared
legal custody of Erin Jean Silvis born July 21, 1993.
Mother shall have primary physical custody of the child
subject to periods of temporary physical custody by father
as follows:
A. On alternating weekends from Friday at 4:30 .
p.m. until Sunday at 8:00 p.m. Provided, however, that the
child shall always spend the Mother's Day weekend with
mother. If the father's weekend for visitation falls on
Mother's Day weekend, it shall be readjusted so that he has
two weekends in a row some other time.
B. Every Wednesday from 4:30 p.m. until 8:00 p.m.
C. In odd-numbered years from the Wednesday
before Thanksgiving at 4:30 D.M. until 9:00 a.m. Friday
morning.
D. Each year on Christmas from noon Christmas Day
until 6:00 p.m. on December 29.
it
E. Each summer from the Friday after school is
over until one week before schools begins. During said
period of temporary custody in the summer, the child shall
be returned to the mother every other weekend from 4:30 p.m.
on Friday until 8:00 p.m. on Sunday. Provided, however,
that the child shall always spend Father's Day weekend with
father. If Father's Day weekend is mother's regularly
scheduled weekend visitation, it shall be made up at another
time. Additionally, mother may have the child for up to one
week if she plans to go on vacation with her and if she
gives father at least 30 days notice.
F. Such other times as the parties may agree.
By the Co
Edward E. Guido, J.
'Marcus A. McKnight, III, Esquire
For the Plaintiff
Vikki L. Silvis
Pro Se
:lfh
Tf !?r r-nnv rr-?)
This ....7........... day o.
t? Prothonotary
VERIFICATION
The foregoing Petition for Custody is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have head the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
AXII
Date: Junk 1 ? 2000
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LAWOFFICF;
MAX L. SILVIS, III, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
VICKI L. SILVIS, CIVIL ACTION - LAW
Defendant NO. 99-4034 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 3rd day of December, 1999,
after hearing it is ordered and directed that the parties,
Max L. Silvis, III, and Vicki L. Silivs, shall have shared
legal custody of Erin Jean Silvis born July 21, 1993.
Mother shall have primary physical custody of the child
subject to periods of temporary physical custody by father
as follows: ,
A. On alternating weekends from Friday at 4:30
p.m. until Sunday at 8:00 p.m. Provided, however, that the
child shall always spend the Mother's Day weekend with
mother. If the father's weekend for visitation falls on
Mother's Day weekend, it shall be readjusted so that he has
two weekends in a row some other time.
B. Every Wednesday from 4:30 p.m. until 8:00 p.m.
C. In odd-numbered years from the Wednesday
before Thanksgiving at 4:30 p.m. until 9:00 a.m. Friday
morning.
D. Each year on Christmas from noon Christmas Day
until 8:00 p.m. on December 29.
i
E. Each summer from the Friday after school is
over until one week before schools begins. During said
period of temporary custody in the summer, the child shall
be returned to the mother every other weekend from 4:30 p.m.
on Friday until 8:00 p.m. on Sunday. Provided, however,
that the child shall always spend Father's Day weekend with
father. If Father's Day weekend is mother's regularly
scheduled weekend visitation, it shall be made up at another
time. Additionally, mother may have the child for up to one
week if she plans to go on vacation with her and if she
gives father at least 30 days notice.
F. Such other times as the parties may agree.
By t;;;
Edward E. Guido, J.
Marcus A. McKnight, III, Esquire
For the Plaintiff
17
Vicki L. Silvis ?.P.
Pro Se
:lfh
.??NRY
p.3 ('fir - ! FAI 2: 11
MAX L. SILVIS, III,
Plaintiff/Petitioner
V.
VICKI L. SILVIS,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
994034 CIVIL TERM
IN CUSTODY
PRE-HEARING CUSTODY MEMORANDUM
OF PETITIONER. MAX L. SILVIS. III
L Statement of Case:
The parties are the parents of Erin Jean Silvis, born July 21, 1993, age 6. The child, Erin
Jean Silvis, has resided with the mother, Vicki L. Silvis, since the divorce of the parties in 1995.
The father, Max L. Silvis, Ill, has enjoyed regular periods of partial custody with his daughter
since the parties separated and have been divorced.
The father, Max L. Silvis, 111, seeks primary custody of Erin Jean Silvis. He believes that
he is able to provide the most stable environment for the child. Max L. Silvis is married to
Laurie Ann Silvis who has a very good relationship with Erin.
11. Issues:
Whether the father, Max L. Silvis, 111, should be granted primary physical custody of Erin
Silvis.
Whether the father, Max L. Silvis, 111, should be granted significantly more time with
Erin Silvis.
III. List of Witnesses:
1. Max L. Silvis. III will testify as to his relationship with the child and his ability
to provide a stable home for Erin Silvis. lie will review the problems which Erin has
experienced while in the care of the respondent, Vicki L. Silvis.
Laurie Ann Silvis, the wife of Max Silvis and the stepmother of Erin, will testify
regarding her relationship with the child.
Jay Shenk and Carla Shenk, of 334 Doubling Gap Road, Newville,
Pennsylvania, will testify about the relationship of the petitioner with Erin and the problems
which Vicki Silvis has experienced.
4. Lloyd Smith, the boyfriend of Vicki Silvis, 4525 Spring Road, Shermans Dale,
Pennsylvania 17090, will testify regarding the relationship with Vicki Silvis and Erin Silvis.
IV. Position of the Father, Max L. Silvis, III:
The position of the petitioner, Max L. Silvis, III, is that he should be granted more time
with Erin Silvis. He will provide for Vicki Silvis significant time with Erin Silvis if he is granted
primary custody of her at this time.
V. Estimated Length of Trial:
The estimated length of trial is one-half (1!2) day.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
Z
By: Mafcus(A. NcKdight, IIfgEsq
60 West Porn, eet
Carlisle, PA 17103
(717) 249-2353
Date: November 261999 Supreme Court I.D. No. 25476
Attorney for petitioner
Max L. Silvis, III
MAX L. SILVIS, III, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
994034 CIVIL TERM
VICKI L. SILVIS,
Respondent IN CUSTODY
CERTIFICATE OF SERVICE
1, Marcus A. McKnight, III, Esquire, hereby certify that on this date a true and correct
copy of the Pre-Hearing Custody Memorandum of Petitioner, Max L. Silvis, III, was served by
first class United States mail, postage paid in Carlisle, Pennsylvania 17013, upon the following:
Ms. Vicki L. Silvis
4525 Spring Road
Shermans Dale, PA 17090
By:
Date: November 26, 1999
IRWIN, McKNIGHT & HUGHES
60 W st Pomfret Street
Carlis Pennsylvania 17013
(717) 249-_
Supreme Court I.D. No. 25476
Attorney for Petitioner
Max L. Silvis, III
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DOUGLAS G. MILLER
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013-3222
(717) 249.2353
FAX (717) 249.6354
E-MAIL: IMHLA WOSUPERNET.COM
November 26, 1999
The Honorable Edward E. Guido
Court of Common Pleas of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Max L. Silvis, v. Vicki L. Silvis
Custody Hearing
Dear Judge Guido:
HAROLD&IRII'IN (1915-1977)
/IAROID.S.IRIf'INJR. (1954.1986)
IRR'IN, IRII'IN&IRRIN (1956-I986)
IRII'LV, IRIf'IN & AIcK1'IGHT (19R6.1994)
1R11'1N A1cKNIGIIT & IIUGHF-S (1994- )
I have enclosed the Pre-Hearing Memorandum of the petitioner, Max L. Silvis, Ill. 1
have served it upon the defendant/respondent, Vicki L. Silvis.
MAM/min
Enclosure
cc: Mr. Max L. Silvis, 111
LAW OFFICES
IRWIN McKNIGHT & HUGHES
Very truly yours,
SEP 2 4 19990
MAX L.SILVAS, III,
Plaintiff
CICKI L. SILVAS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4034 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this day of September, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse
on the 3 day of December, 1999, at 8:30 a.m. at which time testimony will betaken
in the above case. At this hearing, the Father, Max L. Silvas, shall be the moving
party and shall proceed initially with testimony. Counsel for the parties shall file
with the court and opposing counsel a memorandum setting forth the history of
custody in this case, a detailed listing of the issues currently before this court, a list
of witnesses who will testify on behalf of that party and a summary of the
anticipated testimony of each witness. This memorandum shall be filed at least 7
days prior to the mentioned hearing date.
2. Pending further order of this court, the Father, Max L. Silvas, III, and the Mother,
Vickie L. Silvas, shall enjoy shared legal custody of Erin Jean Silvas, born July 21,
1993.
3. The Mother shall enjoy primary physical custody of the minor child. The Father
shall enjoy temporary physical custody of the minor child as follows:
A. On alternating weekends from Friday at 4:30 p.m. until Sunday at
8:00 p.m.
B. On every Wednesday from 4:30 p.m. until 8:00 p.m.
C. For the Thanksgiving holiday, Father shall have the child on
Thanksgiving.
D. At such other times as the parties may agree.
E. Father shall handle transportation for exchange of custody.
BY THE COU
J.
Edwar E. Guido
cc: Marcus A. McKnight, III, Esq. -?cdM a? ie /q/94
Vicki L. Silvas
.Is. IF
r
913 Cl T 29
MAX L.SILVAS,111,
Plaintiff
CICKI L. SILVAS,
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 994034 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-5(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Erin Jean Silvas, bom July 21, 1993.
2. A Conciliation Conference was held on September 23, 1999, with the following individuals
in attendance:
The Father, Max L. Silvas, III, with his counsel, Marcus A. McKnight, Esquire; and the
Mother, Vicki L. Slivas, who appeared without counsel.
3. The parties have been divorced approximately 2 years. Mother has enjoyed primary
physical custody of the minor child. Father now believes that custody of the child should be
transferred to the Father. Mother is unwilling to agree on that transfer. A hearing is
required and should take no more than one half day.
4. The Conciliator reviewed with the parties the existing custody schedule and will recommend
a temporary order prior to the hearing consistent with that schedule. The Conciliator
recommends an the entry of an order in the form as attached.
A Q 7
DATE
MAX L. SILVIS, 111, IN THE COURT OF COMMON PLEAS OF
Petitioner
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99-103y CIVIL TERM
VICKI L. SILVIS,
Respondent IN CUSTODY
ORDER OF COURT
AND NOW, this A- day of L l 1999, upon consideration of the
attached petition, it is hereby directed that the p ies and their respective counsel appear
before Honer 4- i , o Esquire, ± the conciliator, at
n54he dayof0Fy7,Li?R, 1999
at/0;,3 t c? M. fora 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 this conference may provide grounds for
entry of a temporary or permanent order.
By the Court,
By:' ILLS{,ZC ?"t(J
Custody Conciliator ti
i cL
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, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
Oi-
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AMERICANS WITH DISABILITIES
ACT OF 1990
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 scheduling conference or hearing.
MAX L. SILVIS, III, IN THE COURT OF COMMON PLEAS OF
Petitioner
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99- / &3gCIVIL TERM
VICKI L. SILVIS,
Respondent IN CUSTODY
PETITION FOR CUSTODY
AND NOW, thisOfday of 70'"1999, comes the Petitioner, Max L. Silvis, III,
by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody.
1.
The petitioner is Max L. Silvis III, an adult individual residing at 148 "A" Street. Carlisle,
Cumberland County, Pennsylvania 17013.
2.
The respondent is Vicki L. Silvis, an adult individual residing at 4525 Spring Road,
Shermans Dale, Perry County, Pennsylvania, 17090.
3.
The parties are the natural parents of one minor child, namely, Erin Jean Silvis, born July
21, 1993, age 6 years.
4.
The parties were residents of the Commonwealth of Pennsylvania since birth.
5.
Petitioner desires primary physical custody of the child and joint legal custody with
periods of visitation to respondent as can be mutually arranged between the parties.
6.
The best interest of the child requires that the court grant the petitioner's request as set
forth above.
WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking
primary physical custody of the minor child, Erin Jean Silvis, and joint legal custody with periods
of visitation to respondent as can be mutually arranged between the parties.
Respectfully submitted,
IRWIN, McKj)jMHT &
By:
Marcu A. McKni I, E
Attorney for Petit ,
Max Leroy Silvis, II1
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court 1. D. No. 25476
Date: June 25 , 1999
VERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel
and me in the preparation of this action. I have read the statements made in this Petition and they
are true and correct to the best of my knowledge, information and belief. I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unswom falsification to authorities.
MAX L. SILVIS, III
Date: June Z$ 1999
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