Loading...
HomeMy WebLinkAbout04-0400 ANDREA MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW JOSH DAVIS, Defendant : NO. 01.1 l/1Xl : IN CUSTODY CIVIL TERM COMPLAINT FOR CUSTODY I. The plaintiff is Andrea Martin, residing at 520 Fairground A venue, Carlisle, Cumberland County, Pennsylvania I7013. 2. The defendant is Josh Davis, residing at 345 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Jeremy Davis 520 Fairground Ave. Carlisle, PA 17013 6/8/00 3 yrs. Ashlyn Davis 520 Fairground Ave. Carlisle, PA 17013 1/13/02 2 yrs. The children were born out of wedlock 4. The children are presently in the custody of Andrea Martin, residing at 520 Fairground Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 5. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Andrea Martin & Josh Davis 75 Bonnybrook Road Carlisle, PAl 70 13 6/99 - 10/01 Andrea Martin & Josh Davis & her parents John & Terri Martin 520 Fairground Ave. Carlisle, PA 17013 10/01 - 4/02 Andrea Martin & Josh Davis 345 W. North St. Carlisle, PAl 70 13 4/02 - 1-25-04 Andrea Martin & her parents John & Terri Martin 520 Fairground Rd. Carlisle, PAl 70 13 1-25-04 to present 6. The mother of the children is Andrea Martin, residing at 520 Fairground Avenue, Carlisle, Cumberland County, Pennsylvania 17013. She is unmarried. The father of the children is Josh Davis, residing at 345 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. He is ummarried. 7. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons. Name John & Terri Martin Relationship Parents 8. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons. Name Himself Relationship 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff dOl:s not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the children will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children needs for healthy development. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name N/A Address Basis of Claim WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody with partial custody in Father as agreed upon. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: /.- jr/ ~ t:1 '( rv1.~ It-~ Michael J. Whare, Esquire 155 S. Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court LD. # 89028 Attorney for Plaintiff VERlFICA nON I verifY that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. .I / / .'; . ' .//</ " ,.., / J' / Andrea Martin, Plaintiff (") ...., ~- = ~ <: = ...- r::A <- --4 P .. , :r.. ~Fn --- z K:> ~ Q w ~~ ~- C> "'I -u ~.:rl _. ~ <> ::1l: :~J(J Z s-- -0 ~ ~ Om -.J 0- ~ ~ <0 Q 0&:- J:} a, -< ~ <-- <:::... - ~> ;:::, ~ n ANDREA MARTIN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 04-400 CIVIL ACTION LAW JOSH DAVIS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 05, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor. Cumberland County Courthonse, Carlisle on Wednesday, February 25, 2004 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish auy aud all existiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl(. FOR THE COURT. By: Isl Tacqueline M. Verney. Esq. Custody Conciliator r The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of I 990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIm OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~ ~ ~ ~h4;' /Jr?5c . ~ '1 ~ ~~ /?(/'. s.c ~ ;Z ~~.~ t4<7JC ~~- . \I:W^l'\S:~N:ld )J.NnOJ U'j'n!ji;iNno 6'1 :2 l-Id S- 83.:1 ~OOl AI:J\i J..Q(~9Jl!J.Ol:Jd ~Hi :10 :,:)L.~Q-{J31d \1/ FEe 2 6 200L ANDREA MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2004-400 CIVIL TERM JOSH DAVIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this "Z~.,.J day of~.... /'IoA~ el(' ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Andrea Martin, and the Father, Josh Davis, shall have shared legal custody of Jeremy Davis, born June 8, 2000 and Ashlyn Davis, born January 13, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. The parents shall share physical custody of the children on a week on/week off basis. The transfer date and time shall be Fridays at 5:00 p.m. Father's week shall begin February 27, 2004. 4. During Father's week of custody, ifhe is in need of a babysitter for more than one hour, he shall notify Mother in a timely fashion so that Mother may care for the Children. Father shall be responsible for transportation during Mother's periods of babysitting. During Mother's week of custody she shall afford Father time during the evening for Father to see the Children. 5. The parties shall share transportation as agreed other than during Mother's babysitting periods. 6. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the Children and shall further take any necessary steps to ensure that the health and well being of the Children is protected. During such illness or medical emergency, both parents shall have the right to visit the Children as often as he/she desires consistent with the proper medical care of the Children. 7. Neither parent shall do or say anything nor let anyone in the Children's presence to say or do anything that may estrange the Children from the other parent, .'- W~'Ij/il'\SNN3d AINnm OP\rr':Fl8VmQ 81 :6 !<IV 8- MVH ~OOZ Ab'VIONOHlOlJd 3Hl :10 3~)!.:!.:I(}{]311:l injure the opinion of the Children as to the other parent or hamper the free and natural development of the Children's love and respect for the other parent. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for March 26, 2004 at 8:30 a.m. BY THE COURT, ~J J. cc: Michael Whare, Esquire, counsel for Mothe Josh Davis, pro se 345 West North Street Carlisle, P A 17013 - ~rM..~ 3.03. ()if . -..-) L~. '0/ ANDREA MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2004-400 CIVIL TERM JOSH DAVIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jeremy Davis Ashlyn Davis June 8, 2000 January 13,2002 Mother Mother 2. A Conciliation Conference was held in this matter on February 25,2004 with the following individuals in attendance: The Mother, Andrea Martin, with her counsel Karl Rominger, Esquire, substituting for Michael Whare, Esquire and the Father, Josh Davis, pro se 3. The parties agreed to the entry of an Order in the form as attached. ;. - :1.1. -0'1 Date ~tfh.<~/ J cqu ine M. Verney, EsqUire Custody Conciliator ~61004 v/ ANDREA MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-400 CIVIL TERM JOSH DAVIS, Defendant : CIVIL ACTION .. LAW : IN CUSTODY ORDER OF COURT AND NOW, this :J /.. day of fl1~ ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of Court dated March 2, 2004 is hereby vacated. 2. The Mother, Andrea Martin, and the Father, Josh Davis, shall have shared legal custody of Jeremy Davis, born June 8, 2000 and Ashtyn Davis, born January 13, 2002. Each parent shall have an equal right, to be exercise:d jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical (:ustody as the parties agree. 5. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Andrea Martin, pro se 520 Fairground Avenue Carlisle, PA 17013 Josh Davis, pro se 427 North Pitt Street Carlisle, PA 17013 A.d.. J. ~ ~ '7-0/-0'1 ()~. .,' - \:IINV/\l/\S\!ftjC! AJ.NnO:~) (ir.?rl~Jj8~'\]nCJ o I :8 I~d 18 ~VW qOOl AHVlONOHlOCid 3H1 :10 301::!.:!Q-{J311:l MAR 2 6 2004 ANDREA MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2004-400 CIVIL TERM JOSH DAVIS, Defendant : CIVIL ACTION . LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL Y IN CUSTODY OF Jeremy Davis Ashlyn Davis June 8, 2000 January 13, 2002 shared shared 2. A Conciliation Conference was held in this matter on March 26, 2004 with the following individuals in attendance: The Mother, Andrea Martin, pro se. The father, Josh Davis, did not appear. 3. The Honorable Kevin A. Hess entered an Order of Court on March 2, 2004 providing for shared legal and shared physical custody on a week on/week off basis. Mother advised that Father had not taken the children for seventeen days, that he no longer has his own home, and he has not requested to see the children since he moved in with his mother. 4. Mother requested an Order in the form as attached. .J ~,;z~ () f/ Date f ~ . . .fA~.1h . cq line M. Verney, t~ 'J Custody Conciliator ANDREA MARTIN, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-400 CIVIL TERM JOSH DAVIS, DefendantJPetitioner IN CUSTODY PETITION FOR MODIFICATION Petitioner, Josh Davis, by and through his counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Father, resides at 378 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent, hereinafter referred to as Mother, is believed to reside at 520 Fairground Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. The above-named parties are the natural parents of Jeremy Davis, born June 8,2000 and Ashlyn Davis, born January 13, 2002. 4. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, is dated March 31, 2004, and was entered by the Honorable Judge Kevin Hess. The Order, in pertinent part, grants the parties shared legal custody of Jeremy and Ashlyn. Mother has primary physical custody with Father has periods of partial physical custody as the parties may agree. 5. Father is entitled to a modification of the current order, which is in the children's best interests, for reasons including but not limited to the following: a. Mother has not been cooperative in working with Father to ensure that he has regular, ongoing contact with the children. Until Father threatened to return to court to address Mother's actions, visits were taking place about one time per month. b. Father's periods of partial custody with the children are unpredictable and interfere with Father's ability to establish and nurture an appropriate parent/child relationship with the children. c. Since it is not addressed in the current Order, Father does not have any reasonable telephone contact with the children when they are with Mother. d. At the time the current Order was entered, Father had moved and did not have an appropriate environment in which to care for the children for extended periods of time. Presently, Father and his fiancee have a large home with sufficient space for the children and he can provide a safe and nurturing environment during his periods of custody. e. Despite an Order for shared legal custody, Mother has not provided Father with any information as to where Jeremy will be going to school and Father does not know where the children receive medical care. 8. Counsel has confirmed that Mother is no longer represented by Michael Whare, Esquire. WHEREFORE, Father respectfully requests the following: a. That this matter be scheduled for a custody conciliation to modify the tenus of the current custody Order. b. Any other reliefthis Court finds just and proper. Je ic Holst, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PETITIONER, JOSH DAVIS, verifies that the statements made in the above petition for Modification are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904, relating to unsworn falsification to authorities. Date: y,jo, - v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 04-400 CIVIL TERM . . . ANDREA MARTIN, Plaintiff/Petitioner JOSH DAVIS, Defendant/Respondent : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, ofMidPenn Legal Services, attorney for Petitioner, Josh Davis, hereby certify that I have served a copy of the forgoing Petition for Modification by: U.S. First Class Certified Mail. Return Receipt to: Andrea Martin 520 Fairground Avenue Carlisle, PAl 7 13 Date: <yo L"1, . ~ 0 Jessi a 0 ,Esquire Mi enn Legal Services 401 East Louther Street Carlisle, P A 17013 (717)243-9400 -",,/ /J.rIf~ ..,....... a S; ~-.... -oC" rr~ r ~ [ --." .., t;; ;;. ~'c ~~ z :< r--.) = <= c:r" ::P"' c:: ClJ N N ~ ~:n :g~ S. <,:1, ::r: ..,., C)r) Z'm 9 ?l; ~ -0 :J: .r:- c:> o ANDREA MARTIN. PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA w. : NO. 04-400 CIVIL TERM JOSH DAVIS, DefendantJRespondent : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Josh Davis, Petitioner, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certifY that I believe the party is unable to pay the costs and that I am pray. 'n free legal services to the party. Jessi olst, Esquire MidP nn Legal Services 40 I East Louther Street Carlisle. P A 17013 (717) 243-9400 g s: -0'.':0 rnfi" :f? ('" :":" \~~l ~ ~ "'" "" 2= G"> N N '"'" :;: ~ ~il2 -"rn -nO (:)~ ~-ri ~,,:("5 am ~ ~ - ., ~ o ... ANDREA MARTIN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 04-400 CIVIL ACTION LAW JOSH DAVIS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, August 25, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday. September 19. 2006 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 existiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl:!. FOR THE COURT. By: Isl ac ueline M. Veme Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'Pr~b~~46p ~ p ~~n" ~tt., 5"'7 ~ ~ ~.P'-~ , \jIN\fI\lAS~!t\'39,. }JNiT,~1 >>'HH,in:) 8 C :01 ~1\J 1- d3S gUn AtlV10~;OHlOdd 3Hl :10 3SI:J~O-CEJ1I:l ... 'j(? / .6 1Cl./. 6 ~./.~ . ,. ~\ :Jr~ I ;( ~ .7nns ANDREA MARTIN, Plaintiff ~~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2004-400 CIVIL TERM JOSH DAVIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this Z::st! day of (fiYlfW" ,2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated March 31, 2004 is hereby vacated. 2. The Mother, Andrea Martin, and the Father, Josh Davis, shall have shared legal custody of Jeremy Davis, born June 8,2000 and Ashlyn Davis, born January 13, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of23 Pa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The parties agree that if Ashlyn's allergy specialist recommends the child to receive allergy shots if she is around cats, then Father will have the cats removed from his home. If the specialist indicates that other treatment will control Ashlyn's allergy to cats, then the cats need not be removed from Father's home. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: VINVi\l,\SNN3d I 1I1.!1:ir"-- \',,"""1, ''"'gIAln'' 1W"4.i\)') 'i"" ,,~t:~._f' \J 1 0 : \ HiV ttZ 1JO qGal AB'vlONmU.OSd 3\41::10 381::HO-0318 ill .. 6. transport. A. During the school year, alternating weekends from Friday at 5:30 p.m. to Sunday at 5:30 p.m. and one evening per week from 5:00 p.m. to 8:00 p.m. B. During the summer, week on/week off with Father starting the week on/week off schedule on the Friday that coincides with his regular alternating weekend schedule. The exchange time shall be 5:30 p.m. 5. Holidays: A. Thanksgiving shall be shared from 9:00 a.m. to 3 :00 p.m. and 3 :00 p.m. to 9:00 p.m. Mother shall have the earlier time in even numbered years and the later time in odd numbered years. Father shall have the earlier time in odd numbered years and the later time in even numbered years. B. Christmas shall be divided into two Blocks. Block A shall be from 9:00 a.m. Christmas Eve to 8:00 p.m. Christmas Eve and Christmas Day at 4:00 p.m. to 9:00 p.m. Christmas Day. Block B shall be from Christmas Eve at 8:00 p.m. to Christmas Day at 4:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Mother's Day/Father's Day. Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody ofthe children on Father's Day both at times as agreed by the parties. D. Birthdays. The non-custodial parent shall have a block ofthree hours with the children on their birthdays. Transportation shall be shared such that the relinquishing party shall 7. Neither party shall do or say anything nor permit a third party to do or say anything that may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, //d- J. cc: Jessica Holst, Esquire, Mid Penn Legal Servi es, counsel for Father ~,A.o . u . A..J ItJ.J.. If.o(, Hanna Herman-Snyder, Esquire, counsel fo other r -rr. 'r~ ~, .. ~ ~ ANDREA MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2004-400 CIVIL TERM JOSH DAVIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUl\1MARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL Y IN CUSTODY OF Jeremy Davis Ashlyn Davis June 8, 2000 January 13,2002 Mother Mother 2. A Conciliation Conference was held in this matter on October 19, 2006 with the following individuals in attendance: The Mother, Andrea Martin, with her counsel, Hamma Herman-Snyder, Esquire and the Father, Josh Davis, with his counsel, Jessica Holst, Esquire, Mid Penn Legal Services. 3. The Honorable Kevin A. Hess entered an Order of Court on March 31, 2004 providing for shared legal custody with Mother having primary physical custody and Father having periods of partial physical custody as agreed. 4. The parties agreed to the entry of an Order in the form as attached. /0 -;)..{) "O(p Date ~}{.~ t1acq line M. Verney, Esquire 0 Custody Conciliator ANDREA MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA ,... VS. NO. 04-400 CIVIL TERM rq JOSH DAVIS CIVIL ACTION LAW cn' r , Defendant/Respondent IN CUSTODY - -z ? C_n N PETITION I FOR MODIFICATION OF CUSTODY AND NOW comes Petitioner, Andrea Martin, by and through her attorney, Hannah Herman-Snyder, and the law fin of Griffie and Associates, P.C., and files the following Petition for Modification of Custody: 1. Petitioner is the above named Plaintiff, Andrea Martin, hereinafter "Mother," an adult individual currently residing at 97 B Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above named Defendant, Josh Davis, hereinafter "Father," an adult individual currently residing at 11 Gordon Drive, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two (2) children, namely, Jeremy Davis, born June 8, 2000, and A:shlyn Davis, born January 13, 2002. 4. The parties are subject to an Order of Court, dated October 23, 2006, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 5. Since the Order of October 23, 2006, the children have resided Mother, and, in the last year, Father has been exercising custody of the children approximately every other weekend. 6. On or about Tuesday, April 17, 2012, Father's home was raided and the police found drug paraphernalia, 4 small amount of marijuana, and an unregistered hand gun. 7. While Mother has riot been able to confirm criminal charges, she is assuming that there will be criminal charges in regards to this matter. 8. Father is also involved in criminal proceedings in regards to a 2009 charge for use/possession of drug paraphernalia, such that as of April 25, 2012 he was awaiting a pre-trial conference. 9. Mother became aware of the incident of Tuesday, April 17, 2012, when Father advised her of the same on Wednesday, April 18, 2012. 10. After Father provided Mother with information as to the incident of Tuesday, April 17, 2012, Mother spoke with the children and learned that they, on a regular basis, see Father take what was described to Mother as drug paraphernalia into the bedroom, and when Father exits the bedroom, the home, which is a two-bedroom trailer, smells like marijuana. 11. Mother has known that Father had a history of drug use, but was unaware that he was using drugs in his home, more specifically, while the children are in his custody. 12. Father, approximately ten (10) months ago, moved into said two-bedroom trailer, which sufficed for the children, except that he has now, as of approximately two (2) weeks ago, in essence, moved his ex-wife back in, and she has five (5) children, two (2) of which are Father's children, such that the living conditions are not conducive to overnight visits withlthe children at issue in this proceeding. 13. No member of Mother's household has been convicted, plead guilty, or entered a plea of no contest to any of the offenses enumerated in 23 Pa. C.S.A. Section 5329(a) or any offenses in another jurisdiction substantially equivalent to the enumerated offenses; however, Father is awaiting a pre-trial conference in regards to charges regarding use/possegsion of drug paraphernalia, while Mother is not aware of what the charges will be in regards to this most recent incident, she is assuming there will be charges. 14. In addition to the above, Father has a number of other criminal charges, to which he plead guilty, includ?ng harassment, several disorderly conduct charges, and driving while his license is suspended, with Father currently not having a valid driver's license. 15. There is no violent or abusive conduct within the household of Mother; however, there have been several charges against Father for assault, and while the charges were withdrawn, Mother (believes that the charges were related to altercations with Father's ex-wife, with whom he is now residing again. 16. It is in the best interest and permanent welfare of the children to modify the current order to provide for, supervised contact between Father and the children so as to ensure their safety a0d limit their exposure to drug use and abuse. 17. Notice of the filing of this Petition is being provided to Father via first class mail, postage pre-paid, at I 1 Gordon Drive, Carlisle, Cumberland County, Pennsylvania. WHEREFORE, Plaintiff requests your Honorable Court enter an Order whereby a conciliation conference is scheduled, at which time an Order is entered whereby Mother exercises primary physical custody of the children, and Father shall exercise supervised periods of custody with the children. Respectfully submitted, Hannah Herman-Snyder, Esquire Attorney for Plaintiff/Petitioner Supreme Court ID #91537 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 OCT 2 cl 2006 ANDREA MARTIN, : IN THE COURT OF COMI?61'N PLEAS OF Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-400 CIVIL TERM JOSH DAVIS, : CIVIL ACTION - LAW Defendant: IN CUSTODY ORDER OF COURT AND NOW, this 3,-o( day of LAZI, , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Oj der of Court dated March 31, 2004 is hereby vacated. 2. The Motherb Andrea Martin, and the Father, Josh Davis, shall have shared legal custody of Jeremy Davis, born June 8, 2000 and Ashlyn Davis, born January 13, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23, Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining tot e child including, but not limited to medical, dental, religious or school records, the resid nce address of the child and the other parent. To the extent one parent has possession Of any such records or information, that parent shall be required to share the same,', or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to Full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports g?ven to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The parties agree th t if Ashlyn's allergy specialist recommends the child ' to receive allergy shots if she is around cats, then Father will have the cats removed from his home. If the specialist Vindicates that other treatment will control Ashlyn's allergy to cats, then the cats need not be removed from Father's home. 3. Mother shall have primary physical custody of the children. 4. Father shall h ve periods of partial physical custody as follows: J Q (W? J t-; A J Q A. During the school year, alternating weekends from Friday at 5:30 p.m. to Sunday at 5:30 p.m. and one evening per week from 5:00 p.m. to 8:00 p.m. B. During the summer, week on/week off with Father starting the week on/week off schedule on the Friday that coincides with his regtilar alternating weekend schedule. The exchange time shall be 5:30 p.m. 5. Holidays: A. Thanksgiving shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 91:00 p.m. Mother shall have the earlier time in even numbered years and the later time in odd numbered years. Father shall have the learlier time in odd numbered years and the later time in even numbered years. B. Christmas shall be divided into two Blocks. Block A shall be from 9:00 a.m' Christmas Eve to 8:00 p.m. Christmas Eve and Christmas 0 p.m. Christmas Day. Block B shall be from sfej p.m. to Christmas Day at 4:00 p.m. Mother shall ha e ven numbered years and Block B in odd r e vBlocars. er shall have Block A in odd numbered years Mott and in umbered years. ' a /F then s Day. Mother shall have physical custody of 23 it e'h!19 b h is Day and Father shall have physical custody o ren ori_: her's Day both at times as agreed by the parties. D. Birthdays. The non-custodial parent shall have a block of three hours with the (children on their birthdays. Transportation shall be shared such that the relinquishing party shall transport. 7. Neither party shall do or say anything nor permit a third party to do or say anything that may estrangei,the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect 'for the other parent. 8. This Orden is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, / /` /,. a J. cc: Jessica Holst, Esquire, Mid Penn Legal Services, counsel for Father Hanna Herman-Snyder,'; Esquire, counsel for Mother TRUE COPY FROM RECORU in Testimony whereof, I here unto set my ht -tw and the seal of said Court at Carlisle, Pa. ?"hiss ° y of ?? . VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statementsl herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: -? ANDREA MARTIN, Plaintiff/Petitioner ANDREA MARTIN, Plaintiff/Petitioner VS. JOSH DAVIS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-400 CIVIL TERM CIVIL ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the = day of May, 2012, cause a copy of Plaintiff/Petitioner's Petition for Modification of Custody to be served upon Defendant/Respondent by searing him by first-class mail, postage prepaid at the following address: DATE: -?)' - 1 - 1 ?a Josh Davis 11 Gordon Drive Carlisle, PA 17013 )?Ngo X r. Hannah Herman-Snyder, Esqui Attorney for Plaintiff/Petitioner Supreme Court ID #91537 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ANDREA MARTIN, IN THE COURT OF COMMON PLEAQ)F'- Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSAgAIA - -s 77 "C .? I' i vs. NO. 04-400 CIVIL TERM JOSH DAVIS, CIVIL ACTION LAW r Defendant/Respondent IN CUSTODY N ° PETITION FOR SPECIAL RELIEF PURSUANT TO PA. R.C.P. 1915.13 AND NOW comes Petitioner, Andrea Martin, by and through her attorney, Hannah Herman-Snyder, and the law firm of Griffie and Associates, P.C., and files the following Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13: 1. Petitioner is the above named Plaintiff, Andrea Martin, hereinafter "Mother," an adult individual currently residing at 97 B Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above named Defendant, Josh Davis, hereinafter "Father," an adult individual currently residing at 11 Gordon Drive, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two (2) children, namely, Jeremy Davis, born June 8, 2000, and Ashlyn Davis, born January 13, 2002. 4. The parties are subject to an Order of Court, dated October 23, 2006, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 93. 00 C-# as_Y7 5. Since the Order of October 23, 2006, the children have resided Mother, and, in the last year, Father has been exercising custody of the children approximately every other weekend. 6. On or about Tuesday, April 17, 2012, Father's home was raided and the police found drug paraphernalia, a small amount of marijuana, and an unregistered hand gun. 7. While Mother has not been able to confirm criminal charges, she is assuming that there will be criminal charges in regards to this matter. 8. Father is also involved in criminal proceedings in regards to a 2009 charge for use/possession of drug paraphernalia, such that as of April 25, 2012 he was awaiting a pre-trial conference. 9. Mother became aware of the incident of Tuesday, April 17, 2012, when Father advised her of the some on Wednesday, April 18, 2012. 10. After Father provided Mother with information as to the incident of Tuesday, April 17, 2012, Mother spoke with the children and learned that they, on a regular basis, see Father take what was described to Mother as drug paraphernalia into the bedroom, and when Father exits the bedroom, the home, which is a two-bedroom trailer, smells like marijuana. 11. Mother has known that Father had a history of drug use, but was unaware that he was using drugs in his home, more specifically, while the children are in his custody. 12. Father, approximately ten (10) months ago, moved into said two-bedroom trailer, which sufficed for the children, except that he has now, as of approximately two (2) weeks ago, in essence, moved his ex-wife back in, and she has five (5) children, two (2) of which are Father's children, such that the living conditions are not conducive to overnight visits with, the children at issue in this proceeding. 13. In addition to the above, Father has a number of other criminal charges, to which he plead guilty, including harassment, several disorderly conduct charges, and driving while his license is suspended, with Father currently not having a valid driver's license. 14. Mother has filed a Petition for Modification of Custody simultaneously with the filing of this Petition; however, do to the current situation and her children advising her of the drug related activity within Father's home, Father's periods of partial physical custody should immediately cease. 15. Father is scheduled to exercise custody again the weekend of May 11, 2012, and Mother's parents, with whom Father is amicable, John and Terri Martin, have agreed to supervise contact between Father and the children every other Sunday from 1:00 p.m. to 5:00 p.m.; however, as Mother's Day is Sunday, May 13, 2012, Father's periods of supervised contact should commence on May 27, 2012. 16. It is in the best interest and permanent welfare of the children to suspend Father's periods of partial physical custody and provide for routine supervised contact so as to ensure the children'Is safety and limit their exposure to drug use and abuse. 17. Notice of the filing of this Petition is being provided to Father via first class mail, postage pre-paid, at 11 Gordon Drive, Carlisle, Cumberland County, Pennsylvania. WHEREFORE, Plaintiff requests your Honorable Court enter an Order whereby Father's periods of partial physical custody pursuant to the Order of October 23, 2006 are suspended and he shall only exercise supervised periods of custody, to be supervised by John and Terri Martin, Mother's parents, every other Sunday, commencing May 27, 2012, from 1:00 p.m. to 5:00 p.m.; with Mother to provide transportation for all of Father's periods of visitation. Respectfully submitted, Hannah Herman-Snyder, Esqui e Attorney for Plaintiff/Petitioner Supreme Court ID #91537 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: ?)O ry DREA MARTIN, Plaintiff/Petitioner OCT 2 3 2006 ANDREA MARTIN, : IN THE COURT OF COMI?6,N PLEAS OF Plaintiff e CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-400 CIVIL TERM JOSH DAVIS, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ia3?.?c day of C??,, 2006, upon consideration of the attac ed Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated March 31, 2004 is hereby vacated. 2. The Mother, Andrea Martin, and the Father, Josh Davis, shall have shared legal custody of Jeremy Davis, born June 8, 2000 and Ashlyn Davis, born January 13, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the tenns of 2J Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession 'of any such records or information, that parent shall be required to share the same,' or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to (full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The parties agree that if Ashlyn's allergy specialist recommends the child.to receive allergy shots if she is around cats, then Father will have the cats removedfrom his home. If the specialist ndicates that other treatment will control Ashlyn's allergy to cats, then the cats need not be removed from Father's home. 3. Mother shall have primary physical custody of the children 4. Father shall have periods of partial physical custody as follows: J Q (7 J JQ J Q A. During the school year, alternating weekends from Friday at 5:30 p.m. to Sunday at 5:30 p.tn. and one evening per week from 5:00 p.m. to 8:00 p.m. B. During the summer, week on/week off with Father starting the week on/week pff schedule on the Friday that coincides with his regiflar alternating weekend schedule. The exchange time shall be 5:30 p.m. 5. Holidays: A. Thanksgiving shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 91:00 p.m. Mother shall have the earlier time in even numbered years and the later time in odd numbered years. Father shall have the earlier time in odd numbered years and the later time in even numbered years. B. Christm s shall be divided into two Blocks. Block A shall be from 9:00 a.m Christmas Eve to 8:00 p.m. Christmas Eve and Christmas 0 p.m. Christmas Day. Block B shall be from OT nsha?llha e p.m. to Christmas Day at 4:00 p.m. Mother oc ven numbered years and Block B in odd ears. leer shall have Block A in odd numbered years and MOM, inJFFther umbered years. ' s Day. Mother shall have physical custody of 1 enr is Day and Father shall have physical custody roto s-o her's Day both at times as agreed by the parties. D. Birthdays. The non-custodial parent shall have a block of three hours with the children on their birthdays. 6. Transportation shall be shared such that the relinquishing party shall transport. 7. Neither party shall do or say anything nor permit a third party to do or say anything that may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect'for the other parent. 8. This Orderl is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: Jessica Holst, Esquire, Mid Penn Legal Services, counsel for Father Hanna Herman-Snyder,, Esquire, counsel for Mother TRUE COPY FROM RECtC RU ?n Testimony whereof, I here unto set my how ind the seal of said Court at Carlisle, Pa, rhii&_??y? f? ? ANDREA MARTIN, Plaintiff/Petitioner vs. JOSH DAVIS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-400 CIVIL TERM CIVIL ACTION LAW IN CUSTODY CIERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the -10- day of May, 2012, cause a copy of Plaintiff/Petitidner's Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13 by serving him by first-class mail, postage prepaid at the following address: Josh Davis 11 Gordon Drive Carlisle, PA 17013 DATE: '5 -- -I 1 QL Hannah Herman-Snyder, Esquir4 Attorney for Plaintiff/Petitioner Supreme Court ID #91537 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ANDREA MARTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA (°: ? 2004-400 CIVIL ACTION LAW JOSH DAVIS -70 IN CUSTODY I> a DEFENDANT ORDER OF COURT c? :- AND NOW, _ Thursday, May 10, 2012 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at...--- 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, June 20, 2012 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _ /s/ ac uelrne M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. vre"t P y M9 A do?? Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telepho e (717) 249-3166 4%*_ s?V !/eGpy M 671/to rr ,l rq P lie P. f' V. IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL COURT CIVIL ACTION - IN CUSTODY ANDREA MARTIN, Plaintiff JOSH DAVIS, Defendant CIVIL NO: 2004-400 IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 10"' day of May 2012 upon consideration of the Petition for Special Relief and phone conversation with counsel Hanna Herman-Snyder for Mother and Father Josh Davis, it is temporarily Ordered that Father's periods of partial physical custody pursuant to the Custody Order of 23 October 2006 are suspended. Pursuant to Section 5329 of Title 23, in all custody actions in which an custody order had previously been entered, and in which a party subsequent to the custody order is facing new criminal charges, but has not been convicted of the non-offending party may move to suspend the alleged offending party's custodial rights until the offending party submits to an evaluation. A conciliation conference is scheduled to begin this evaluation process for 18 May 2012 at 1:00 p.m. at Magisterial District Court 09-1-02 (Judge Beckley) 1901 State Street, Camp Hill, PA. This conference shall be the initial evaluation and provide recommendations to the court. .n In the interim period of time Father shall exercise supervised periods of custody, to be supervised by John and Terri Martin, every Sunday beginning 20 May 2012 from 1:00 p.m. to 4:00 p.m. Mother shall provide transportation of the children for all of Father's periods of supervised visitation. B the Thomas . Placey C.P.J. Distribution List: Hannah Herman-Snyder, Esq. 200 N. Hanover Street ? Carlisle, PA 17013 Q Camp Hill, PA 17011 Counsel for Mother fir' -<A c? John Davis CD 11 Gordon Drive „ Carlisle, PA 17013 Pro Se ? Melissa P. Greevy, Esq. 301 Market Street Lemoyne, PA 17043 Conciliator p;ES ma..`ied 41 f ?a )Wi- 4 ANDREA MARTIN, Plaintiff V. JOSH DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-400 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT "ice' AND NOW, this ?- day of.AAa , 1012, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Father, Josh Davis, will participate in a §5329 evaluation in the form of a drug and alcohol evaluation. This evaluation shall be performed through either the Helen H. Stevens Center or Gaudenzia, at Father's expense. The evaluation shall be completed within 30 days. Father shall sign an authorization to release the report to counsel for the Mother. Father shall also be entitled to receive a copy of the report. 2. The Custody Conciliation Conference will reconvene as scheduled on June 20, 2012 at 9:30 a.m. in the Cumberland County Courthouse before Jacqueline M. Verney, Esquire. 3. Father's custodial time for May 27, 2012 shall be made up by June 1, 2012. Father has graciously agreed to move his custodial time to allow Mother to take the children on a Memorial Day weekend camping trip. 4. Father's custodial time on Father's Day shall be from 12:00 p.m. until 8:00 p.m. 5. Father's mother, Debra Liberator, may serve as a supervisor for his periods of custody on alternating weekends. r?.hry BY THE C R - M, c_ Thomas A. ac y, J. -o Dist: Hannah Herman Snyder, Esquire, 200 N. Hanover Street, Carlisle, PA 17013 Josh Davis, 11 Gordon Drive, Carlisle, PA 17013 CG es wx,.Ied 1,1414 ?L ? ANDREA MARTIN, Plaintiff V. JOSH DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-400 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3- 8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Jeremy Davis June 8, 2000 Ashlyn Davis January 13, 2002 2. A Custody Conciliation Conference was scheduled for May 18, 2012 following a Petition for Special Relief filed on May 7, 2012. In an Order of May 10, 2012, Judge Placey referred the matter to Conciliation to begin the §5329 evaluation process. His Order considered the Conference the initial evaluation and asked for recommendations to be provided to the Court. The Order further temporarily suspended Father's partial custody, as provided in the Order of October 23, 2006. However, during the interim period, Father exercised supervised periods of custody each Sunday beginning May 20, 2012 from 1:00 p.m. to 4:00 p.m. 3. Mother's Position on Custody: Mother reports that Father had informed her of a drug raid on his home on April 17, 2012. It is alleged that the police found marijuana, an unregistered handgun and drug paraphernalia. Mother later had a conversation with the children in which the son informed her that he had overheard Faith Gilbert tell Father that the house smelled like pot. The child went on to describe to her a tubular device that Father would sometimes take into a bedroom after which the son smelled odors in the home. Accordingly, Mother is very concerned that Father is using marijuana during the times that he has custody of the children. Mother wants assurances that Father will not be using marijuana when he has the children in his custody. 4. Father's Position on Custody: Father lives in a two bedroom trailer. His ex- wife and her five children have subsequently moved into the home. Father reports he has never had a driver's license but acknowledges his history of underage drinking, driving under suspension and a 2009 charge for possession of drug paraphernalia. With regard to Mother's concerns about having sufficient space in the home, Father produced a handwritten note purporting to be from the father of three of his ex-wife's children which indicates that the children have custodial time with him on alternating weekends. Father reports that this provides additional space for the children on the I O. 04-400 CIVIL TERM weekends. He also reports that he plans to add an extra bedroom to the home. With regard to the drug raid, Father reports that he knows of no charges that have been filed. He acknowledges to the Conciliator that he possessed an unregistered 9mm handgun which he found with its paperwork in the course of his employment. Father minimizes the significance of his marijuana use and argues that alcohol use poses a larger safety risk than does marijuana. He is willing to take drug tests and claims to have been clean and free of all illegal drugs since April 15, 2012. During other portions of the Conference Father reported that he was free of drugs since April 17, 2012. He reports that he made this decision because his children are more important than drugs and alcohol. Father would like Mother to be drug tested because he reports that she has used drugs as well. However, he raises this topic after indicating that he has no complaints about Mother's parenting of the children, but also making biblical references to "an eye for an eye". Father believes that Mother's motive for filing the Petition for Special Relief was because she is jealous that his ex-wife has moved into his home. 5. The parties reached an agreement that Father would participate in §5329 evaluation at the Helen Stevens Center or, Gaudenzia. The evaluation is to be completed within 30 days. Father is to sign consents to release the report to counsel for Mother and to himself in anticipation of the need to bring the report to the Conciliation Conference which has been scheduled for June 20, 2012 at 9:30 a.m. with Mrs. Verney. The parties also agreed to some modifications of the interim custody schedule, which are reflected in the form of Order as attached. ate Melissa Peel Greevy, Esquir Custody Conciliator 497177 00 tf7 N E t-I m N CC P- N N ANDREA MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-400 CIVIL TERM JOSH DAVIS, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?Wday of , 2012, upon consideration of the attached Custody Concilia ion Report, it is ordered and directed as follows: The prior Orders of Court dated October 23, 2006, May 10, 2012 and June 4, 2012 are hereby vacated. 2. The Mother, Andrea Martin, and the Father, Josh Davis, shall have shared legal custody of Jeremy Davis, born June 8, 2000 and Ashlyn Davis, born January 13, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information; that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The parties agree that if Ashlyn's allergy specialist recommends the child to receive allergy shots if she is around cats, then Father will have the cats removed from his home. If the specialist indicates that other treatment will control Ashlyn's allergy to cats, then the cats need not be removed from Father's home. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of supervised visitation as agreed by the parties. The supervisors may be John and Terri Martin or Debra Liberator. 5. Father shall participate in a §5329 evaluation in the form of a drug and alcohol evaluation. This evaluation shall be performed through either the Helen Stevens Center or Gaudenzia, at Father's expense. The evaluation shall be completed within 30 days of June 4, 2012. Father shall sign an authorization to release the report to counsel for Mother. Father shall also be entitled to receive a copy of the report. 5. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. In the event that Father obtains a Drug and Alcohol evaluation as aforesaid, he may contact the conciliator and schedule another conciliation conference. The Conciliator may maintain jurisdiction for 90 days from the date of this Order. BY TH Thomat A. Placey cc: Hannah Herman-Snyder, Esquire, counsel for Mo Josh Davis, pro se Common Pleas Judge 11 Gordon Drive Carlisle, PA 17013 r.., Zh p? es 4im ao2/ -•wtT 1 . ro L.a,J ANDREA MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2004-400 CIVIL TERM JOSH DAVIS, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: Thomas A. Placey, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jeremy Davis June 8, 2000 Mother Ashlyn Davis January 13, 2002 Mother 2. A Conciliation Conference was held in this matter on June 20, 2012 with the following individuals in attendance: The Mother, Andrea Martin, with her counsel, Hannah Herman-Snyder, Esquire. Father, although notified of the conciliation conference, did not appear. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated October 23, 2006 providing for shared legal custody with Mother having primary physical custody during the school year and Father having alternating weekends during the school year and week on/week off during the summer. The Honorable Thomas A. Placey, Jr. entered two Orders of Court dated May 10, 2012 and June 4, 2012 providing for supervised visitation for Father and mandating a drug and alcohol evaluation because Father has several drug-related charges pending against him. 4. Mother requested an order in the form as attached. Date cqu ine M. Verney, Esquire Custody Conciliator