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HomeMy WebLinkAbout07-6174i I I JUSTIN A. DAVIS, Plaintiff VS. AMANDA D. DAVIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- 1,11V 06tC l CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND NOW comes Plaintiff, JUSTIN A. DAVIS, by and through his attorney, Marvin Beshore, and files this Complaint for Custody and avers the following: 1. Plaintiff is JUSTIN D. DAVIS, an adult individual currently residing at 309 Valley Road, Summerdale, Cumberland County, Pennsylvania 17093. 2. Defendant is AMANDA D. DAVIS, an adult individual currently residing at 400 North 4'h Street, Newport, Perry County, Pennsylvania 17074. 3. Plaintiff seeks shared legal custody and primary physical custody of the three children of the parties: Ethan Robert Davis born September 27, 2000; Ian Jonathan Davis, born April 28, 2002; and Kirstin Amber Davis born February 22, 2005. 4. Ethan and Ian were born before the parties were married; Kirstin was born during the marriage. 5. The children currently reside with the Plaintiff at 309 Valley Road, Summerdale, Cumberland County, Pennsylvania. 6. For the past five years, the children have resided with one or both of the parties at the addresses as indicated: (List all Persons) (List all Addresses) (List all dates) Justin Davis 309 Valley Road, Summerdale, PA 17093 01/12/07 to present Justin & Amanda Davis, 309 Valley Road, Summerdale, PA 17093 05105 to 01/12/07 Justin & Amanda Davis, 734 South 26' Street, Harrisburg, PA 17101 11/04 to 05105 7. The father of the children is the Plaintiff, currently residing at 309 Valley Road, Summerdale, Cumberland County, Pennsylvania 17093. 8. He is married. 9. The mother of the children is the Defendant currently residing at 400 North 4' Street, Newport, Perry County, Pennsylvania 17074. 10. She is married. 11. The relationship of Plaintiff to the children is that of father. 12. The relationship of Defendant to the children is that of mother. 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation or proceeding concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth or elsewhere. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. r I 1 15. The best interest and permanent welfare of the children will be served by granting the relief requested to Plaintiff as he has been the primary care giver of the children since the parties separation on January 12, 2007. Confirmation of custody in father will provide stability for the childrens' care and support. 16. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiff requests the court to grant him shared legal custody and primary physical custody of the children. Respectfully submitted, BY .l- "•• Marvin eshore, Esquire Attorney I.D. No. 31979 P. O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 Attorney for Plaintiff Date: October 19, 2007 I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. herein § 4904, relating to unworn falsification to authorities Date: JU IN A. DA S, Plaintiff h C? C__ 2 q -f 1 ---1 O R? C:1 `tea cn w r JUSTIN A. DAVIS V. AMANDA D. DAVIS DEFEND IN THE COURT OF COMMON PLEAS OF [FF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6174 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, it is hereby directed that f at 4th Floor, Cumber for a Pre-Hearing Custod: if this cannot be accompli order. All children age fi provide grounds for entry The court hereby Special Relief orders, ar Thursday, October 25, 2007 , upon consideration of the attached Complaint, arties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, land County Courthouse, Carlisle on Thursday, November 08, 2007 at 9:30 AM Conference. At such conference, an effort will be made to resolve the issues in dispute; or shed, to define and narrow the issues to be heard by the court, and to enter into a temporary ve or older may also be present at the conference. Failure to appear at the conference may of a temporary or pennanent order. directs the parties to furnish any and all existing Protection from Abuse orders, d Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. lr Custody Conciliator -r- 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 disable 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 T FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1 =Z Hd SZ J.30 LQJZ ?0• S'- 4/ 4(1?- all 4o S5e. al 1111+7 y V,?- V JUSTIN A. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW AMANDA D. DAVIS, : NO. 2007-6174 Defendant : IN CUSTODY ?'?. COURT ORDER AND NOW, this L S `day of November, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Amanda D. Davis, and the father, Justin A. Davis, shall enjoy shared legal custody of Ethan Robert Davis, born September 27, 2000, Ian Jonathan Davis, born April 28, 2002 and IUrstin Amber Davis, born February 22, 2004. 2. The father shall enjoy primary physical custody of the minor children. 3. The mother shall enjoy periods of temporary physical custody of the minor children as follows: A. On every Saturday and Sunday from 9:00 a.m. until 7:00 p.m. B. For the Thanksgiving Holiday, mother shall have custody from 3:00 p.m. until 9:00 P.M. C. At such other times as agreed upon by the parties. 4. Mother is directed to contact her psychiatrist and counselor and request that each of them provide a written report indicating mother's current diagnosis, any medication mother is on, her current counseling needs, and whether in that professional's opinion mother is capable of having overnight visitation with the three minor children. Once this report is obtained, mother shall share that report with legal counsel for the father. 5. The parties shall meet again for a Custody Conciliation Conference on Monday, December 17, 2007, at 9:30 a.m. It is anticipated that mother's periods of temporary custody shall be expanded to overnight in the event her counselor and psychiatrist gives a clear report to allow mother to have overnight. cc: 24 in Beshore, E ?Gda D. Davis A r- W Q:tU jE is 7 LLJ ]1 t Q C= cb?j U ?., V JUSTIN A. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW AMANDA D. DAVIS, NO. 2007-6174 Defendant 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Ethan Robert Davis, born September 27, 2000, Ian Jonathan Davis, born April 28, 2002 and Kirstin Amber Davis, born February 22, 2004. 2. A Conciliation Conference was held on November 8, 2007, with the following individuals in attendance: The mother, Amanda D. Davis, who appeared without counsel, and the father, Justin A. Davis, with his counsel, Marvin Beshore, Esquire. 3. Upon the recommendation of the Custody Conciliator, the parties agree to the entry of an Order in the form as attached. Date: l d aJ Hubert X. Gilroy, Esqu' e Custody Conciliator * SHERIFF'S RETURN - OUT OF COUNTY CCASE NO: 2007-06174 P COMMONWEALTH OF PENNSYLVANIA: -COUNTY OF CUMBERLAND DAVIS JUSTIN A VS DAVIS AMANDA D R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDANT , to wit: DAVIS AMANDA D but was unable to locate Her deputized the sheriff of PERRY in his bailiwick. He therefore serve the within ORDER OF COURT County, Pennsylvania, to On November 7th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Perry County 41.28 Postage 1.33 79.61 11/07/2007 MARVIN BEHSORE So answers _ Thomas Kl' e Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. U ` In The Court of Common Pleas of Cumberland County, Pennsylvania Justin A. Davis vs. Amanda D . Davis No. 07-6174 civil Now, October 31, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Deputy Sheriff Perry County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, November 3, , 20__.07, at 3: 50 o'clock P M. served the Within Court Order & Custody Complaint upon Amanda D. Davis at POE: Newport American Legion-Oliver Twp-Newport, PA 17074 by handing to Amanda D. Davis a True & Attested. and made known to Her So answers, the contents thereof. Margaret F. Flickinger Sworn and subscribed before me this day of 20,7 T eputy Prothonotary & Cleric of Courts Bloomfield Bore., Perry Co., PA My Commission Expires Jan. 1, 2008 Sheriff of Cumberland County, PA Court Order & copy of the original Custody Complaint COSTS SERVICE _ MILEAGE _ AFFIDAVIT DEC S 62D07 /3""' JUSTIN A. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW AMANDA D. DAVIS, : NO. 2007-6174 Defendant : IN CUSTODY COURT ORDER AND NOW, this Lq day of December, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of November 15, 2007 shall remain in effect subject to the following modifications: 1. Mother shall enjoy custody of the minor children on Christmas Day from 4:00 p.m. until 9:00 p.m. It is noted that father has Christmas Eve and Christmas morning in 2007 and, assuming a natural progression in the custody situation, it is assumed that mother would have time on Christmas Eve and Christmas morning in 2008. 2. Mother's periods of temporary custody shall be modified to include the following: A. Alternating weekends from Sunday at 9:00 a.m. until Monday morning when mother shall deliver the children to either school or the daycare center. B. On mother's off weekends, she shall have custody of the minor children for either Saturday or Sunday from 9:00 a.m. until 5:00 p.m. If the parties cannot agree, the day shall be Saturday. 4. Assuming the mother's overnight custody goes well, 'it is anticipated that her overnights could be expanded to 2 evenings every two weeks along a traditional alternating weekend schedule subject, however, to the mother's work schedule. 5. Mother shall contact her treating physician and have her treating physician provide a written report detailing mother's current diagnosis, her medication, and her treating physician's evaluation as to whether or not mother is able to care for the minor children in an overnight setting. 6. In the event there are any problems with the custody situation as outlined above, legal counsel for the parties may contact the Custody Conciliator to schedule another conciliation conference which conference may be done via telephone. BY THE CO RT, Jud J. Wesley Ol 4 cc: Marvin Beshore, Esquire . Grace D'Alo, Esquire 0? t?`S-a 1 6c 00 V U-1 U- Lq © r 0- o ? ca JUSTIN A. DAVIS, Plaintiff v . AMANDA D. DAVIS, Defendant Prior Judge: J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6174 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Ethan Robert Davis, born September 27, 2000, Ian Jonathan Davis, born April 28, 2002 and Kirstin Amber Davis, born February 22, 2004. 2. A Conciliation Conference was held on December 17, 2007, with the following individuals in attendance: The mother, Amanda D. Davis, who appeared with her counsel, Grace D'Alo, Esquire, and the father, Justin A. Davis, with his counsel, Marvin Beshore, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: a6 Hubert X. Custody Ca uire JUSTIN A. DAVIS IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. AMANDA D. DAVIS NO 2007-6174 CIVIL TERM ' =.. , . Defendant IN CUSTODY PETTITION TO MODIFY CUSTODY ORDER ;., AND NOW, comes Amanda D. Davis, now Amanda Cooley , by and through her attorney Michael D. Rentschler, Esquire, who fates the within Petition seeking a modification of the existing custody order, by respectfully averring as follows: 1. The Petitioner is Amanda D. Davis, now named Amanda Cooley, an adult individual who is currently residing at 688 S. 82nd Street, Harrisburg, Dauphin County, Pennsylvania 17111 (hereinafter referred to as "Petitioner/mother"). Petitioner resides at that address with her husband, David Cooley. 2. Respondent Justin A. Davis (hereinafter referred to as "Respondenttfather) is an adult individual who is currently resides at 309 Valley Road, Summerdale, Cumberland County, Pennsylvania 17093. 3. The parties were previously married and have three children. They are Ethan Robert Davis, born September 27, 2000; Ian Jonathan Davis, born April 28, 2002; and Kirstin Amber Davis, born February 22, 2004. The three children are collectively referred to as "the children". Ethan and Ian were born before the parties married. Kirstin was born while the parties were married. 4. The relationship of Petitioner to the children is that of the natural mother. 410. Do P 0 Nriy of 4999 eastcoQv 5. The relationship of Respondent to the children is that of natural father. 6. Petitioner desires to modify the custody Court Order dated December 27, 2007. A true and correct copy of that Order is incorporated herein, made a part hereof, and attached as Exhibit "A". 7. Exhibit A provides Plaintiff (Respondent/father herein) with primary physical custody of the children and Defendant (Petitioner/mother herein) was granted periods of temporary custody on: "A. Alternating weekends from Sunday at 9:00 am until Monday morning when mother shall deliver the children to either school or the daycare center. B. On mother's off weekends, she shall have custody of the minor children for either Saturday or Sunday from 9:00 am until 5:00 pm. If the parties cannot agree, the day shall be Saturday." There is a provision for Christmas Day and Christmas Eve, but no other mention of other holidays, mother's day, father's day, or a block or blocks of vacation time with the children. 8. Mother seeks to modify the current custody order because there have been changes in circumstances that warrant the changes. 9. The basis for change include, but are not limited to, mother's marriage to her husband which provides for a more stable environment; father actions which consistently place his feelings before that of the children and mother; father berates or denigrates mother to the children; father makes efforts to sabotage mother's relationship with the children; father goes to various lengths to prevent or lessen a relationship between mother and the children; father does not inform mother of important issues concerning medical or dental procedures relating to the children thereby not engaging in meaningful dialogue with mother about the same; does not encourage or permit mother to spend time with or communicate with the children on each respective birthday, on mother's birthday, or on Mothers Day; father does not inform mother of extracurricular activities of children or the time or location of those activities; father does not inform mother of matters concerning the children's school; mother's employment position permits her to fashion a work schedule that accommodates more time with the children; the current order does not provide mother with enough time with the children; and the best interests of the children would be furthered by modifying the current order. 10. It is in the best interest and permanent welfare of the children that Petitioner is granted shared physical custody and joint legal custody of the children 11. There is no rational basis for denying Petitioner's request. WHEREFORE, it is respectfully requested that this Honorable Court grant the within Petition and, therefore, grant Petitioner shared physical custody and joint legal custody of the Children. Respectfully submitted, MICHAEL D. ENTSCHLER, ESQUIRE 1419 N. Td Street Harrisburg, PA 17102 (717) 975-9129 Attorney for Petitioner C" An c O?V,?, DEC 2 62007 va(3t /a7 • JUSTIN A. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW AMANDA D. DAVIS, NO. 2007-6174 Defendant IN CUSTODY COURT ORDER AND NOW, this a7qvay of December, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of November 15, 2007 shall remain in effect subject to the following modifications: 1. Mother shall enjoy custody of the minor children on Christmas Day from 4:00 p.m. until 9:00 p.m. It is noted that father has Christmas Eve and Christmas morning in 2007 and, assuming a natural progression in the custody situation, it is assumed that mother would have time on Christmas Eve and Christmas morning in 2008. 2. Mother's periods of temporary custody shall be modified to include the following: • A. Alternating weekends from Sunday at 9:00 a.m. until Monday morning when mother shall deliver the children to either school or the daycare center. B. On mother's off weekends, she shall have custody of the minor children for either Saturday or Sunday from 9:00 a.m. until 5:00 p.m. If the parties cannot agree, the day shall be Saturday. 4. Assuming the mother's overnight custody goes well, 'it is anticipated that her overnights could be expanded to 2 evenings every two weeks along a traditional alternating weekend schedule subject, however, to the mother's work schedule. 5. Mother shall contact her treating physician and have her treating physician provide a written report detailing mother's current diagnosis, her medication, and her treating physician's evaluation as to whether or not mother is able to care for the minor children in an overnight setting. 6. In the event there are any problems with the custody situation as outlined above, legal counsel for the parties may contact the Custody Conciliator to schedule another conciliation conference which conference may be done via telephone. BY THE COURT, • , *Je _W esley O r cc: Marvin Beshore, Esquireu' , F"m'dnA Grace D'Alo, Esquire Iri T( 4{'fiSkiJ? `', i ,rr,(}a, ; here v J ? { M4 1"ecfld Arid 1! ?wzl CoWn al i"arlisfie, Pa VERIFICATION I, Amanda Cooley, formerly Amanda Davis, Petitioner herein, do hereby swear and affirm that the statements contained in this document are true and correct. I understand that any false statement may be prosecuted under Pa CSA Section 4904 which relates to unsworn falsification to authorities. Date: LIANDACOCOLEY CERTIFICATE OF SERVICE T, Michael D. Rentschler, Esquire, do hereby certify that, on the date stated below, I served a copy of the foregoing document upon the following individuals by depositing a copy of the same in the United States mail, postage prepaid, addressed to: Marvin Beshore, Esquire 130 State Street PO Box 946 Harrisburg, PA 17108-0946 Justin Davis 309 Valley Road Summerdale, PA 17093 Date: Respectfully submitted, Michael D. Rentschler, Esquire 1419 N. 3rd Street Harrisburg, PA 17102 (717) 975-9129 Supreme Court ID # 45836 JUSTIN A. DAVIS PLAINTIFF V. AMANDA D. DAVIS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6174 CIVIL ACTION LAW IN CUSTODY c7 C z rn x? ?a -g ko 0 ANSWER TO PETITION TO MODIFY CUSTODY ORDER NOW COMES Justin A. Davis by his attorney, Marvin Beshore, Esquire, and files the following Answer to the Petition to Modify Custody Order herein: 1-7. Admitted. 8. Admitted in part. Denied in part. It is acknowledged that the Mother seeks to -a ern rn? ?rn q p ? T' C? modify the current custody order. It is denied that there has been a change in circumstances that warrants the changes. 9. Denied. It is expressly denied that Father has acted to consistently place his feelings before those of the children and the Mother; that Father berates or denigrates Mother to the children; that father makes efforts to sabotage Mother's relationship with the children; that Father goes to various lengths to prevent or lessen the relationship between Mother and the children; that Father does not inform Mother of important issues concerning medical or dental procedures relating to the children thereby not engaging in meaningful dialogue with Mother about the same; that Father does not encourage or permit Mother to spend time with or communicate with the children on each respective birthday, on Mother's birthday or on Mother's Day; that Father does not inform Mother of extracurricular activities of children or the time and location of those activities; that Father does not inform Mother of matters concerning the 00036435.WPD; v1 children's school; that Mother's employment accommodates more time with the children; that the current order does not provide Mother with enough time with the children; and that the best interests of the children would be furthered by modifying the current order. 10. Denied. By way of further statement, the best interests and permanent welfare of the children will be preserved by maintenance of the present order. 11. Denied. WHEREFORE, it is respectfully requested that this Honorable Court deny the petition. Respectfully submitted, l/1 Date: April 18, 2011 By Ul/VZV ( it ?w Marvin Beshore, Esquire Attorney I.D. No. 31979 P. O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 Attorney for Plaintiff, Justin A. Davis 00036435.WPD; vl VERIFICATION I, Justin A. Davis, verify that the statements made in "Answer to Petition to Modify Custody Order" are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: ?- JUSTIN" DAVI 00035563.WPD; vl CERTIFICATE OF SERVICE I hereby certify that I have this day of 2011 served a true and correct copy of the foregoing Answer to Petition to Modify Custody Order upon the following by means of United States mail, first class postage pre-paid, addressed as follows: Michael D. Rentschler, Esq. 1419 N. Yd Street Harrisburg, PA 17102 IRA Z_ dwl 00036435.WPD; vl .y JUSTIN A. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA VS. CIVIL ACTION - LAW c co AMANDA D. DAVIS, NO. 2007-6174 ? Defendant IN CUSTODY `C : -? X C-7) COURT ORDER= F, - AND NOW, this day of June, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on theo?f& day of %Ioal 2011, at ? 3d a . in. At this hearing, the Mother 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, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's existing Order of December 24, 2007, shall remain in place subject to the following modifications: A. During the summer months, Mother's periods of temporary custody shall be on alternating weekends from Friday through Monday morning and shall also include one overnight per week on a day to be agreed upon by the parties. Absent an agreement of the parties, the alternating weekends shall be from 6:00 p.m. on Friday to 9:00 a.m. on Monday and the overnights during the week shall be from 6:00 p.m. until 9:00 a.m. BY THE COURT, J/ Wesley Oler, Jr., judge cc: 'Michael D. Rentschler, Esquire MaJ? 'Marvin Beshore, Esquire CoP? [P/T/ // DIA Y JUSTIN A. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW AMANDA D. DAVIS, NO. 2007-6174 Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Mother in this case has petitioned to modify the existing custody Order and is seeking more time with the children. Generally, she is looking for a 50-50 custodial arrangement. 2. The Father is unwilling to agree on that issue. The Conciliator conducted a conference with the parties and two follow-up telephone calls with the attorneys. Based upon the information obtained in those conferences, the Conciliator believes a hearing is necessary and recommends an Order in the form as attached. Date: June 5 2011 Hubert Gilroy, Esquire Custo Conciliator JUSTIN A. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW AMANDA D. DAVIS, ; Defendant NO. 07-6174 CIVIL TERM ORDER OF COURT AND NOW, this 5`h day of July, 2011, upon consideration of Plaintiff's Motion for Allowance of Discovery: Custody, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. Marvin Beshore, Esq. P.O. Box 946 Harrisburg, PA 17108-0946 Attorney for Plaintiff Michael D. Rentschler, Esq. 1419 N. Third Street Harrisburg, PA 17102 Attorney for Defendant :rc 00p;`--s Piallej `7J(?ll e91, c C= vi _m r- ' m- ?m F - -,r ? fV ?C7 .? U7 BY THE COURT, The Chartwell Law Offices, LLP By: Nathaniel M. Holmes, Esquire Attorney I.D. No. 93606 30 N. 3rd Street, Suite 1050 Harrisburg, PA 17101 Attorneys for Defendant, Amanda D. Davis JUSTIN A. DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6174 AMANDA D. DAVIS, CIVIL ACTION -LAW Defendant IN CUSTODY -,o ? _ --? xrn rn-? czn ? r?- ? rn NOTICE TO PLEAD a d Q z C3 - Tj To: Justin A. Davis, Plaintiff Na i c/o Marvin Beshore, Esquire 130 State Street w PO Box 946 Harrisburg, PA 17108-0946 You are hereby notified to plead to the enclosed New Matter within 20 days from service hereof. ANSWER WITH NEW MATTER TO PLAINTIFF'S MOTION FOR ALLOWANCE OF DISCOVERY: CUSTODY AND NOW comes the Defendant, Amanda D. Davis, by and through her attorneys, Nathaniel M. Holmes, Esquire of The Chartwell Law Offices, and respectfully files the following Answer with New Matter to Plaintiff's Motion for Allowance of Discovery: Custody: 1. Admitted. 2. Admitted. 3. Denied. 4. Admitted in part. Denied in part. It is admitted that Your Honor entered an Order on December 27, 2007 modifying a prior Order of November 15, 2007 which awarded the Defendant partial custody. However, Defendant denies that she abandoned her family. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part. Denied in part. Defendant admits that she has received treatment for a medical condition; however, Defendant denies that her medical condition affects her ability to properly care for the children. As a matter of fact, Plaintiff has voluntarily permitted the Defendant to take the children on vacation for at least one week last year and has also permitted the Defendant to have three (3) consecutive overnight visits from Friday evening to Monday morning on alternating weekends for the past 18 to 24 months. Defendant asserts that Plaintiff's conduct directly contradicts his assertion that Defendant has a medical condition that affects her ability to properly care for the children. 9. Admitted in part. Denied in part. Defendant admits that the written report was not provided until May 2011; however, Defendant asserts that the need for the instant report was waived by the Plaintiff's conduct following the 2007 litigation as asserted in Paragraph #8 above. Further, Plaintiff never alleged that the Defendant was in contempt of Your Honor's December 27, 2007 Order and has yet to file a Petition alleging the same. Defendant asserts that the delay in providing the written report did not adversely affect the children in any way and should be considered harmless. 10. Admitted in part. Denied in part. Defendant admits that Plaintiff knows that she treated with Pinnacle Health Hospital, Beth Budesheim, and Dr. Samuel Rashid. Defendant denies the remainder of this allegation as Defendant never told the Defendant that she treated with Dr. Gluck and therefore, Defendant lacks sufficient information as to the truth of the remainder of the averment. 11. Admitted. 12. Admitted. 13. Admitted in part. Denied in part. Defendant admits that there is a gap of approximately 31/2 years between the letter from Ms. Budesheim and the letter from Dr. Rashid. Defendant denies that the Defendant's complete medical records, especially any mental health records, are necessary for the Plaintiff to present his case or for Your Honor to render a just, fair, and proper decision with respect to the instant Modification Petition. WHEREFORE, Defendant, Amanda D. Davis, respectfully requests that Plaintiff's Motion for Allowance of Discovery: Custody be denied in its entirety. NEW MATTER 1. Defendant asserts that the Plaintiff failed in his Answer to the Petition to Modify Custody Order to allege New Matter that Defendant's mental health has affected her ability to properly care for the children and in failing to allege the same, Plaintiff has waived this issue. 2. Defendant asserts that discovery is generally unpermitted in accordance with Rule 1915.5(c). 3. Defendant asserts that Plaintiff's Motion violates the Defendant's right to privacy as any mental health records are confidential and requiring the Defendant to disclose the same would be in contradiction of the Mental Health Procedures Act ("MHPA"), 50 P.S. § 7111(a) and the Judicial Code, 42 Pa.C.S. § 5944. See Gates v. Gates, 967 A.2d 1024 (Pa. Super. 2009). 4. Defendant believes and therefore avers that at a minimum, the MHPA fully protects any and all mental health records for the Defendant from disclosure to the Plaintiff. 5. Defendant has not and will not waive her right to invoke the MHPA or any other statutory provisions tending to protect her mental health records. 6. Defendant believes and therefore avers that the medical report from Dr. Rashid, which was submitted in accordance with Your Honor's December 27, 2007 Order and is attached as Exhibit A, is not a waiver of the MHPA but is nonetheless sufficient for Your Honor to rule on the instant Modification Petition in conjunction with testimony from the parties. 7. Defendant believes and therefore avers that it would be in the best interests of the minor children that equal and shared physical and legal custody be ordered by Your Honor. WHEREFORE, Defendant, Amanda D. Davis, respectfully requests that Your Honor enter an Interim Order granting Defendant equal and shared physical and legal custody pending further Order of the Court. I verify that the statements made in this answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 7 ? Date: Respectfully submitted, THE CHARTWELL LAW OFFICES, LLP By: Nathaniel M. Holmes, Esquire )(S)TA 05/02/11 Lebanon Valley Family Medicine, Inc. Acct: 31764 Amanda D Cooley DOB: 04/02/1983 Sex: F Age: 28 years To Whom It May Concern Amanda Cooley is a 28 years old patient of mine with history of anxiety and depression. She has been doing very well on her current medication. She is very stable emotionally and I see no danger to her children , to have them overnight, patient is very stable and very capable. She has been working successfully and well respected at work.she is even up for a promotion. For sure it would be beneficial to her and her children for the 50-50 custody arrangement. If you have any questions please do not hesitate to call me Sincerely yours Samuel F. Rashid M.D. 512011 EXWG)T 'A" Lebanon Valley Family Medicine, Inc. 1400 S. FORGE RD., SUITE 1 Palmyra, PA 17078-9513 (717)-838-1301 Summary of Today's Visit Amanda D Cooley May 2, 2011 Visit with Samuel F. Rashid, M.D. Today's Diagnosis Anxiety Disorder Generalized Depressive Reaction Prolonged Vitals BP: 122174 Pulse: 80 T: 98.3 Ht: 65.75" Wt: 1671b BMI: 27.2 IBW: 125 PEFR: 396 Ht cm: 167.0 Wt kg: 75.751 T: 36.8C Problem List Updates Depressive Reaction Prolonged Anxiety Disorder Generalized Allergies Terbutaline Sulfate Medications Continue Pristiq : 50 mg, one by mouth a day (Refilled) Future Appointments 08/18/11 Thr 11:20a Loc: 1 RASHID, SAMUEL F, MD Loc: 1 Palmyra Office Lebanon Valley Family Medicine 1400 S. Forge Rd., Suite 1 Palmyra, PA 17078-9513 Phone: (717)-838-1301 Fax: (717)-832-1023 Comments continue pristiq (309.1) Follow Up return in 3 months Thursday, August 18, 2011 -11:20am CERTIFICATE OF SERVICE I, Nathaniel M. Holmes, an attorney of The Chartwell Law Offices, certify that on the date set forth below, a true and correct copy of the within document was served via hand delivery and regular mail, on the following parties as indicated below: Via Hand Delivery Only David D. Buell, Prothonotary Cumberland County Courthouse 1 Courthouse Square, Rm 100 Carlisle, PA 17013 Via Hand Delivery Only Jamie A. Mitchell, Deputy Court Administrator Cumberland County Courthouse 1 Courthouse Square, Rm 400 Carlisle, PA 17013 Via Regular Mail Marvin Beshore, Esquire 130 State Street PO Box 946 Harrisburg, PA 17108-0946 Date: / ?.- ????? Nathaniel M. Holmes, Esquire The Chartwell Law Offices, LLP By: Nathaniel M. Holmes, Esquire Attorney I.D. No. 93606 30 N. 3rd Street, Suite 1050 Harrisburg, PA 17101 Attorneys for Defendant, Amanda D. Davis JUSTIN A. DAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLIA` =-n =M x = r- mot= V. NO. 2007-6174 (/)r- .-<> C r+? C:) Q r -z: O -+o AMANDA D. DAVIS, CIVIL ACTION -LAW '5_6 Defendant IN CUSTODY; ` rv car' r n > r PRAECIPE FOR ENTRY OF APPEARANCE C'' w TO THE PROTHONOTARY: Please be advised that this office represents the Defendant/ Mother in the above referenced matter. Kindly include this office on all future correspondence. THE CHARTWELL LAW OFFICES, LLP Date: By: - - Nathaniel M. Holmes, Esquire CERTIFICATE OF SERVICE I, Nathaniel M. Holmes, an attorney of The Chartwell Law Offices, certify that on the date set forth below, a true and correct copy of the within document was served via hand delivery and regular mail, on the following parties as indicated below: David D. Buell, Prothonotary Cumberland County Courthouse 1 Courthouse Square, Rm 100 Carlisle, PA 17013 Jamie A. Mitchell, Deputy Court Administrator Cumberland County Courthouse 1 Courthouse Square, Rm 400 Carlisle, PA 17013 Marvin Beshore, Esquire 130 State Street PO Box 946 Harrisburg, PA 17108-0946 Amanda Cooley 688 South 82nd Street Harrisburg, PA 17111 ?J Date: Nathaniel M. Holmes, Esquire TAk'y ?I I!± 25II: 2G COUMBERLAND COUNTY PENNSYLVANIA JUSTIN A. DAVIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. 2007-6174 CIVIL ACTION LAW AMANDA D. DAVIS IN CUSTODY DEFENDANT REPLY TO NEW MATTER IN DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S MOTION FOR ALLOWANCE OF DISCOVERY : CUSTODY NOW COMES Plaintiff, by counsel, Marvin Beshore, Esquire, and replies to Defendant's New Matter as follows: 1. Denied. This paragraph states a conclusion of law to which no reply is necessary. By way of further response, however, Plaintiff asserts that mother's ability to care for her children, including her mental health, is always an issue in a custody matter, which turns on what is in the best interest of the children, and is not an affirmative defense which must be raised in New Matter to a Petition to Modify Custody Order. 00040237.WPD; v1 2. It is admitted that discovery in a custody matter is "generally" not allowed, but the rules authorize the court to permit discovery. See Pa.R.Civ.P. 1915.5. Accordingly, Plaintiff has filed the pending motion. 3. Denied. This paragraph states a conclusion of law to which no reply is necessary. By way of further response, however, Plaintiff notes that he has requested more than Defendant's mental health records and that Defendant has waived her right to confidentiality by filing the instant Petition to Modify Custody Order, see Gormley v. Edgar, 995 A.2d 1197 (Pa.Super. 2010); Kraus v. Taylor, 710 A.2d 1142 (Pa.Super. 1998). Defendant also waived her right to confidentiality and placed her mental and emotional health in issue by providing the May 2011 "report" from Dr. Rashid. See Gormley, 995 A.2d at 1206. Access to Defendant's medical records is necessary to cross-examine Dr. Rashid, or otherwise test his conclusions. See Johnsonbaugh v. Department of Public Welfare, 665 A.2d 20 (Pa.Super. 1995). Furthermore, the MHPA does not protect Defendant's medical records under the existent circumstances. See Gormley, 995 A.2d at 1203 ("The MHPA ... only `establishes rights and procedures for all involuntary treatment of mentally ill persons, whether inpatient or outpatient, and for all voluntary inpatient treatment of mentally ill persons."') Finally, the MPHA only applies to documents concerning persons "in treatment," 50 P.S. § 7111, but Defendant does not assert that she is currently "in treatment" within the meaning of the MPHA. 4. Denied. This paragraph states a conclusion of law to which no reply is necessary. To the extent that any reply is appropriate, Plaintiff denies that the MHPA fully protects any and all 00040237MM vI mental health records for the Defendant from disclosure. As stated above, the MHPA does not provide the scope of protection Defendant claims and she has waived the protections it does afford. 5. Denied. This paragraph states a conclusion of law to which no reply is necessary. 6. Denied. This paragraph states a conclusion of law to which no reply is necessary. By way of further response, Plaintiff denies that Dr. Rashid's "medical report" is sufficient for this Court to rule on Defendant's Petition to Modify because the so called "report" does not, inter alia: provide a complete or accurate history; set forth the length or duration of Dr. Rashid's treatment of the Defendant; identify Dr. Rashid's training or specialty; or set forth the factual basis of Dr. Rashid's conclusions. Plaintiff further asserts that child custody is not intended as, and should not be used as, a means of therapy for the mother. Accordingly, whether custody of the children "would be beneficial for her [Defendant]" is irrelevant to deciding the Petition to Modify, but that very assertion in Dr. Rashid's report calls into question his reasoning. At a minimum, a deposition of Dr. Rashid, in line with Plaintiff's request for full discovery, is necessary to test his conclusions and to determine whether the 50/50 custody arrangement Defendant requests is in the children's best interest. 7. Denied. This paragraph states a conclusion of law to which no reply is necessary. 00040237.WPD; vi WHEREFORE, Plaintiff/Father respectfully requests this Honorable Court to grant Plaintiff/Father leave to engage in discovery as provided in Rules 4001 et seq. of the Pennsylvania Rules of Civil Procedure, including, but not limited to, the right to obtain the medical records of Defendant/Mother from her health care providers by way of subpoena. Respectfully submitted, Date: July 22, 2011 By MVvin Beshore, Esquire Attorney I.D. No. 31979 P. O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 Attorney for Plaintiff, Justin A. Davis 00040237MM vI CERTIFICATE OF SERVICE I, Marvin Beshore, Esquire, hereby certify that a true and correct copy of the foregoing Reply to New Matter in Defendant's Answer with New Matter to Plaintiff's Motion for Allowance of Discovery: Custody, was served this 22nd day of July 2011 upon counsel for Defendant as follows: Nathaniel M. Holmes, Esquire CHARTWELL LAW OFFICES Suite 1050 30 N. 3rd Street Harrisburg, PA 17101 Michael D. Rentschler, Esquire 1419 N. 3rd Street Harrisburg, PA. 17102 00040237.WPD; v! JUSTIN A. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW J AMANDA D. DAVIS, Defendant NO. 07-6174 CIVIL TERM a' ORDER OF COURT AND NOW, this 9 h day of August, 2011, upon consideration of Plaintiff's Motion for Allowance of Discovery: Custody; Defendant's Answer with New Matter to Plaintiff's Motion for Allowance of Discovery: Custody; and Plaintiff's Reply to New Matter in Defendant's Answer with New Matter to Plaintiffs Motion for Allowance of Discovery: Custody, a discovery conference is scheduled for Monday, August 22, 2011, at 3:00 p.m., in chambers of the undersigned judge. l` Marvin Beshore, Esq. P.O. Box 946 Harrisburg, PA 17108-0946 Attorney for Plaintiff V Nathaniel M. Holmes, Esq. 30 N. Third Street Suite 1050 Harrisburg, PA 17101 Attorney for Defendant :rc (Op, r'S Ma. (et/ 5V/10//l 9/4- BY THE COURT, y JUSTIN A. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVPAIA q, C=) v CIVIL ACTION - LAW S x? ? NO. 07-6174 CIVIL TERM ern C rn?_- AMANDA D. DAVIS, N to m Defendant Iy ..? Cn p T* C-) = 2 t CD CDC) ?.? IN RE: DISCOVERY CONFERENCE La ORDER OF COURT AND NOW, this 22nd day of August, 2011, upon consideration of Plaintiff's Motion for Allowance of Discovery: Custody, and following a conference in chambers of the undersigned Judge in which Plaintiff was represented by Marvin Beshore, Esquire, and Defendant was represented by Nathaniel M. Holmes, Esquire, the motion is granted to the extent that Plaintiff shall be permitted to depose Defendant on the issue of the Defendant's mental health treatment, healthcare providers, medication, and diagnoses from January 1, 2008, to the present date. In the event that Plaintiff deems it appropriate, the Court will entertain a motion for further discovery on the issue of Defendant's mental health as it may relate to the best interests of the children involved in this case. It is noted that the Defendant's Petition for Modification of Custody is scheduled for hearing on September 28, 2011, before the undersigned Judge. By the Court, Marvin Beshore, Esquire P.O. Box 946 Harrisburg, PA 17108-0946 For Plaintiff Nathaniel M. Holmes, Esquire 30 N. Third Street Suite 1050 Harrisburg, PA 17101 For Defendant :mae FILED-OFFICE O THE PROTHONOTARY 2011 SEP -9 P11 3: 57 CUMBERLAND COU-ITY PENNSYLVANIA JUSTIN A. DAVIS PLAINTIFF V. AMANDA D. DAVIS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6174 CIVIL ACTION LAW IN CUSTODY PLAINTIFF'S MOTION FOR LEAVE TO SERVE SUBPOENAS ON HEALTH CARE PROVIDERS NOW COMES Plaintiff, Justin A. Davis, by and through his attorney, Marvin Beshore, Esquire, and states his Motion for Allowance of Subpoenas, as follows: 1. Plaintiff/Father and Defendant/Mother were formerly married to each other and resided together as husband and wife. 2. Plaintiff/Father and Defendant/Mother have three children together: Ethan Robert, born September 27, 2000; Ian Jonathan, born April 28, 2002; and Kirstin Amber, born February 22, 2004. 3. Defendant/Mother abandoned her family on, or about, January 12, 2007. 4. Plaintiff/Father has had primary physical custody of the children since Defendant/Mother abandoned her family. That status is confirmed in Judge J. Wesley Oler, Jr.'s 00041857.WPD; v1 Order of December 27, 2007. The children are now aged 10, 9, and 7 years. 5. Defendant/Mother filed a Petition to Modify Custody Order on March 16, 2011. The Petition requests joint physical custody and shared legal custody of the children. 6. On, or about, April 28, 2011, Plaintiff filed an Answer to the Petition. 7. A trial on Defendant/Mother's Petition to Modify Custody Order is scheduled for September 28, 2011. 8. Prior to, and since, abandoning her family, Defendant/Mother has had on-going health issues, including, but not limited to mental health issues, which have affected her ability to properly care for the children. 9. The Court's December 27, 2007, Order required Defendant/Mother to "contact her treating physician and have her treating physician provide a written report detailing mother's current diagnosis, her medication, and her treating physician's evaluation as to whether or not mother is able to care for the minor children in an overnight setting." Defendant/Mother failed to timely comply with that provision of the Court's Order and did not provide any medical report until directed to do so by the Custody Conciliator on April 29, 2011. 10. Plaintiff/father is aware that Defendant/Mother has received medical treatment from Dr. Michael Gluck, and as an inpatient at Pinnacle Health Hospital in Harrisburg, Pennsylvania, and psychotherapy from Beth Budesheim, MS,LPC. Defendant/Mother may have received treatment from other health care providers not now known to Plaintiff/Father. 00041857.WPD; v1 2 12. In a letter of December 12, 2007, Ms. Budesheim identified Defendant/Mother's diagnosis as Bipolar I Disorder. 13. The letter Defendant/Mother provided pursuant to the Conciliator's direction came from Samuel F. Rashid, M.D., and indicated a diagnosis of Anxiety Disorder Generalized and Depressive Reaction Prolonged. The letter does not indicate Dr. Rashid's specialty. The letter mentions a history of anxiety and depression, but does not mention Defendant/Mother's history of Bipolar I disorder. The letter does not indicate the length of Dr. Rashid's treatment of Defendant/Mother, but reflects an appointment on May 2, 2011, the date of the letter, and another appointment scheduled for August 18, 2011. 14. There is a gap of approximately 3 1/2 years between Ms. Budesheim's letter and Dr. Rashid's letter. Complete medical records related to Defendant/Mother are necessary for Plaintiff/Father to present his case and are necessary for this Honorable Court to render a just, fair, and proper decision on Defendant/Mother's Petition to Modify Custody. 15. In light of the foregoing, Plaintiff/Father filed and served a Motion for Allowance of Discovery on June 29, 2011, and the Court issued a Rule to Show Cause on July 5, 2011. 16. Defendant/Mother filed and served an Answer to the Motion with New Matter on, or about, July 18, 2011, and Plaintiff filed and served a Reply thereto on July 22, 2011. 17. The Court scheduled a discovery conference for August 22, 2011. As a result of the conference, the Court issued an Order permitting Plaintiff/Father to take the Deposition of 00041857.WPD; vl Defendant/Mother related to her health status, including her mental health status, but limited the deposition to the period of January 1, 2008, to the present. 18. Pursuant to the Court's Order, Plaintiff/Father served a notice of Defendant/Mother's deposition, which directed her to bring her medical records to the deposition. A true and correct copy of the Deposition Notice is attached hereto as Exhibit 1. 19. Defendant/Mother appeared for her deposition pursuant to the notice, but failed to bring any medical records with her. 20. In the course of the deposition, Defendant/Mother confirmed that she had received treatment/therapy on, or after January 1, 2008, from Beth Budesheim at Cornerstone Counseling Center, Dr. Rahat Taswir at East Shore Psychiatric Associates, and Dr. Samuel F. Rashid at Lebanon Valley Family Medicine. She further testified that she keeps no records of any nature of her medical care and treatment. 21. Plaintiff/Father needs the records of those health care providers to have a more complete picture of Defendant/Mother's psychological and emotional condition as it relates to the best interest of the children, to determine if it will be necessary to subpoena any/all of the health care providers for trial, to confirm or contradict the veracity and accuracy of Defendant/Mother's deposition testimony, and otherwise to prepare for trial. 22. The Court needs these records to make an informed decision as to the best interest of the children. 00041857.WPD; vl 4 23. The subpoenas now requested will not hinder or delay the scheduled trial. WHEREFORE, Plaintiff/Father respectfully requests this Honorable Court to grant Defendant/Father leave to subpoena the records of Beth Budesheim, Cornerstone Counseling Center, Dr. Rahat Taswir, East Shore Psychiatric Associates, Dr. Samuel F. Rashid, and Lebanon Valley Family Medicine that relate to the diagnosis, care, treatment and/or therapy provided to Defendant/Mother on and after January 1, 2008. Respectfully submitted, Date: September , 2011 By /// ?? &Z rArviL Beshore, Esquire Attorney I.D. No. 31979 P. O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 Attorney for Plaintiff, Justin A. Davis 00041857.WPD; vl 5 JUSTIN A. DAVIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. 2007-6174 CIVIL ACTION LAW AMANDA D. DAVIS IN CUSTODY DEFENDANT NOTICE OF DEPOSITION To: Amanda Davis Cooley c/o Nathaniel M. Holmes, Esquire THE CHARTWELL LAW OFFICES, LLP 30 North Third Street Suite 1050 Harrisburg, Pennsylvania 17101 Please take notice that pursuant to the August 22, 2011, Order of Judge J. Wesley Oler, Jr., Plaintiff will take the deposition upon oral examination of Defendant, Amanda D. Davis (Cooley), in the above captioned action for the purpose of discovery and for use at trial before a person authorized to administer oaths in the Law Offices of Marvin Beshore, 130 State Street, Harrisburg, Pennsylvania 17101 on Wednesday, August 31, 2011, at 10:00 a.m. The deposition shall inquire about all matters allowable under the Order of August 22, 2011. Defendant, Amanda D. Davis (Cooley), is directed to appear at the above stated date, time, and place and to bring with her to the deposition all of the following described documents that are in her possession, custody, or control: 1. All records of medical care, including, but not limited to, mental healthibehavioral 00041448.WPD; vl health care, Defendant has received as an in-patient at any hospital, clinic, or similar facility at any time from January 1, 2008, to date. 2. All records of medical care, including, but not limited to mental health/behavioral health care, Defendant has received as an outpatient at any hospital, clinic, or similar facility at any time from January 1, 2008, to date. 3. All records of psychological counseling/therapy Defendant has received as an inpatient at any hospital, clinic, or similar facility at any time from January 1, 2008, to date. 4. All records of psychological counseling/therapy Defendant has received as an outpatient at any hospital, clinic, or similar facility at any time from January 1, 2008, to date. 5. All records of care, including, but not limited to mental health/behavioral health care, Defendant has received from any medical doctor (M.D.) or doctor of osteopathy (D.O. or O.D.) in a setting other than a hospital, clinic, or similar facility (e.g., doctor's office) at any time from January 1, 2008, to date. 6. All records of psychological counseling/therapy Defendant has received in a setting other than a hospital, clinic, or similar facility (e.g., therapist's office) at any time from January 1, 2008, to date. DEFINITION: the records indicated above include documents reflecting any health history, examination, diagnosis, or treatment, and include documents such as intake summaries, records of history and physical examination, nurses' notes, doctors' orders, doctors' notes, 00041448.WPD; v1 2 laboratory reports, discharge summaries, office notes, and all other documents related to Defendant's health care. Date: 8/25/2011 By: Respectfully submitted, Marvin Beshore, Esquire Attorney ID # PA 31979 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 717-236-0781, Fax: 717-236-0791 MBeshoreCcrbeshorelaw.com 00041448. WPD; v 1 CERTIFICATE OF SERVICE 1 hereby certify that I have this 25th day of August 2011, served a true and correct copy of the foregoing Notice of Deposition upon the following by means of United States mail, first class postage pre-paid, addressed as follows: Nathaniel M. Holmes, Esquire THE CHARTWELL LAW OFFICES, LLP 30 North Third Street Suite 1050 Harrisburg, Pennsylvania 17101 041? ?64 Marvin Beshore 00041448.WPD; v1 4 CERTIFICATE OF SERVICE I hereby certify that I have this day of September 2011 served a true and correct copy of the foregoing Plaintiff's Motion for Leave to Serve Subpoenas on Health Care Providers upon the following by means of United States mail, first class postage pre-paid, addressed as follows: Nathaniel M. Holmes, Esquire CHARTWELL LAW OFFICES, LLP 30 North Third Street, Suite 1050 Harrisburg, Pennsylvania 17101 Counsel for Defendant arv Beshore, squire 00041857.WPD; vi 6