Loading...
HomeMy WebLinkAbout08-2487Edmund J. Berger Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (717) 920-8900 tberger@bergerlawfirm.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS DAVIS, Plaintiff V. Docket No. DS ---ay87 TRACE DAVIS, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS ou ttysei-VI You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO EMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelente en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso readicando personalmente o por medio de un abogado una comparecencia escrita y radicando en las Corte por escrito sus defenses de, y objecciones a, las demanda presntadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFOMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS DAVIS, Plaintiff V. TRACE DAVIS, Defendant Docket No. O,F- ?2 y? I C? COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND FOR CUSTODY AND EQUITABLE DISTRIBUTION COUNT 1 - DIVORCE UNDER SECTION 3301(c) 1. Plaintiff, NICHOLAS DAVIS, currently resides at 1779 Kings Arms Court, New Cumberland, Cumberland County PA 17070. 2. Defendant, TRACE DAVIS, currently resides at 1779 Kings Arms Court, New Cumberland, Cumberland County PA 17070. 3. Both Plaintiff and Defendant have been residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 29, 2005 in New Cumberland, Pennsylvania. 5. Other than this matter, there have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce. COUNT 2 - CUSTODY 8. Paragraphs 1 through 7 are incorporated into this Count by reference. 9. Plaintiff requests that he be granted shared legal and primary physical custody of the following children: Name Present Residence Age Lillian Davis 1779 Kings Arms Court 2 Y2 New Cumberland, PA 17070 Lavinia Davis 1779 Kings Arms Court 2 Y2 New Cumberland, PA 17070 10. The children were not born out of wedlock and currently reside with both parents at the marital home, and have resided at that marital residence since birth. 11. The relationship of Plaintiff to the children is that of father. 12. The relationship of Defendant to the children is that of mother. 2 13. 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. 14. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 15. 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. 16. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff will provide a stable and supportive environment for the children's development and welfare. 17. 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 as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant shared legal custody and primary physical custody of the children, Lillian Davis and Lavinia Davis, to Plaintiff. COUNT 3 - EQUITABLE DISTRIBUTION 18. Paragraphs 1 through 17 are incorporated into this Count by reference. 19. Plaintiff and Defendant have accumulated various marital property during the course of their marriage, the fair and equitable division of which is required. 3 WHEREFORE, Plaintiff requests that an Order be entered fairly and equitably dividing the marital property of the parties in accordance with Chapter 35 of the Divorce Code, 23 Pa.C.S. §3501, et seq. BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 4 ATtorney for maintitt VERIFICATION I, NICHOLAS DAVIS, 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.C.S. §4904 relating to unsworn falsification to authorities. i ?? &AG?- 01i5(aooq NICHOLAS DAVIS N r- 1 At" W „c , al NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACE DAVIS DEFENDANT 2008-2487 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 18, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 20, 2008 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 J?v e Edmund J. Berger Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (717) 920-8900 tberger@bergerlawfirm.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAVIS, 08-2487 -CIVIL TERM Plaintiff V. : IN DIVORCE TRACE C. DAVIS, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 "ISO USTED HA SIDO EMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelente en las siguientes paginas, debe tomar accibn dentro de los prbximos veinte (20) dias despubs de la notificacibn de esta Demanda y Aviso readicando personalmente o por medio de un abogado una comparecencia escrita y radicando en las Corte por escrito sus defenses de, y objecciones a, las demanda presntadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mbs aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFOMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAVIS, Plaintiff V. TRACE C. DAVIS, Defendant 08-2487 - CIVIL TERM IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND FOR CUSTODY AND EQUITABLE DISTRIBUTION COUNT 1 - DIVORCE UNDER SECTION 3301(c) 1. Plaintiff, NICHOLAS E. DAVIS, currently resides at 1779 Kings Arms Court, New Cumberland, Cumberland County PA 17070. 2. Defendant, TRACE C. DAVIS, currently resides at 1779 Kings Arms Court, New Cumberland, Cumberland County PA 17070. 3. Both Plaintiff and Defendant have been residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 28, 2005 in New Cumberland, Pennsylvania. 5. Other than this matter, there have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce. COUNT 2 - CUSTODY 8. Paragraphs 1 through 7 are incorporated into this Count by reference. 9. Plaintiff requests that he be granted shared legal and primary physical custody of the following children: Name Present Residence Age Lillian Davis 1779 Kings Arms Court 2 New Cumberland, PA 17070 Lavinia Davis 1779 Kings Arms Court 21/2 New Cumberland, PA 17070 10. The children were not born out of wedlock and currently reside with both parents at the marital home, and have resided at that marital residence since birth. 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 concerning the custody of the children in this or another court. 14. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 15. 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. 16. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff will provide a stable and supportive environment for the children's development and welfare. 17. 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 as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant shared legal custody and primary physical custody of the children, Lillian Davis and Lavinia Davis, to Plaintiff. COUNT 3 - EQUITABLE DISTRIBUTION 18. Paragraphs 1 through 17 are incorporated into this Count by reference. 19. Plaintiff and Defendant have accumulated various marital property during the course of their marriage, the fair and equitable division of which is required. WHEREFORE, Plaintiff requests that an Order be entered fairly and equitably dividing the marital property of the parties in accordance with Chapter 35 of the Divorce Code, 23 Pa.C.S. §3501, et seq. Edmund J. BergeK Attorney for Plaintiff BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 VERIFICATION I, NICHOLAS DAVIS, 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.C.S. §4904 relating to unsworn falsification to authorities. NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAVIS, 08-2487 - CIVIL TERM Plaintiff V. IN DIVORCE TRACE C. DAVIS, Defendant ; CERTIFICATE OF SERVICE I hereby certify that I have this day served a true copy of the foregoing document, Amended Complaint in Divorce, upon the participants, listed below, in accordance with the requirements of § 1.54 (relating to service by a participant): BY FIRST CLASS MAIL Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Date: May 9, 2008 ( f Edmund J. Berger Attorney I.D. #53407 BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 tberger@bergerlawfirm.net 'n e? ct? N ?r44?? f NICHOLAS E. DAVIS, Plaintiff VS. TRACE C. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08 - 2487 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT I, ANDREW C. SHEELY, ESQUIRE, hereby accept service of the Divorce Complaint docketed to the above-captioned matter on behalf of TRACE C. DAVIS, Defendant, and further state that I am authorized to do in accordance with the Rules of Civil Procedure. Date: May 15 , 2008 4ABC- Andrew C. Sheely, Esquire rte: . fj I 3 0 2008 NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2487 CIVIL ACTION LAW TRACE DAVIS Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of T MXJ L_ , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Nicholas Davis, and the Mother, Trace Davis, shall have shared legal custody of Lillian Davis, born December 22, 2005, and Lavinia Davis, born December 22, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing- shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither parry shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. Pending the follow-up custody conciliation conference scheduled in this Order, the parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children as follows: 1. From Friday, May 23 at 5:00 p.m. through Tuesday, May 27 at 7:15 a.m. 2. From Friday, May 30 at 5:00 p.m. through Tuesday, June 3 at 7:15 a.m. 3. On Tuesday, June 10 from 5:00 p.m. until 8:00 p.m. 4. From Friday, June 13 at 5:00 p.m. through Saturday, June 14 at 7:00 a.m., from Saturday, June 14 at 2:00 p.m. through Sunday, June 15 at 7:00 a.m., and from Sunday, June 15 at 2:00 p.m. through Tuesday, June 17 at 7:15 a.m. V'NVAIASNN3 6 0 :0 WV h- Nor 0001 3Hi JO 5. From Friday, June 20 at 5:00 p.m. through Monday, June 23 at 7:15 a.m. 6. From Friday, June 27 at 5:00 p.m. through Tuesday, July 1 at 7:15 a.m. 7. On Tuesday, July 8 from 5:00 p.m. until 8:00 p.m. 8. From Friday, July 11 at 5:00 p.m. through Saturday, July 12 at 7:00 a.m., from July 12 at 2:00 p.m. through Sunday, July 13 at 7:00 a.m., and from July 13 at 2:00 p.m. through Tuesday, July 15 at 7:15 a.m. 9. From Friday, July 18 at 5:00 p.m. through Monday, July 21 at 7:15 a.m. 10. From Friday, July 25 at 5:00 p.m. through Tuesday, July 29 at 7:15 a.m. 11. On Tuesday, August 5 from 5:00 p.m. until 8:00 p.m. 12. From Friday, August 8 at 5:00 p.m. through Saturday, August 9 at 7:00 a.m., from August 9 at 2:00 p.m. until Sunday, August 10 at 7:00 a.m., and from August 10 at 2:00 p.m. through Tuesday, August 12 at 7:15 a.m. B. The Mother shall have custody of the Children at all times not otherwise specified for the Father in this provision. C. In the event the date of the custody conciliation conference is adjusted, the parties shall continue following the same pattern of scheduling as specified in this provision until the time of the follow-up conciliation conference. 3. The parties shall share or alternate having custody of the Children on holidays as follows: A. Thanksgiving: In every year, the Father shall have custody of the Children for the Thanksgiving holiday from Wednesday after work through Thanksgiving Day at 4:00 p.m. and the Mother shall have custody from Thanksgiving Day at 4:00 p.m. through the following Friday at 4:00 p.m. B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 3:00 p.m. through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. C. The holiday custody schedule shall supersede and take precedence over the regular, custody schedule. 4. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, August 13, 2008 at 1:30 p.m. for the purpose of establishing custody arrangements on an ongoing basis. 5. 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. cc: /dmund J. Berger, Esquire - Counsel for Father Andrew C. Sheely, Esquire - Counsel for Mother Col 1'es mtzcLUL. 1.141168 ta/l BY THE COURT, NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-2487 CIVIL ACTION LAW TRACE DAVIS Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH Lillian Davis December 22, 2005 Lavinia Davis December 22, 2005 2. A custody conciliation conference was held on May 20, 2008, with the following individuals in attendance: the Father, Nicholas Davis, with his counsel, Edmund J. Berger, Esquire, and the Mother, Trace Davis, with her counsel, Andrew C. Sheely, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date J Dawn S. Sunday, Esquire Custody Conciliator AUG 18 2008 NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2487 CIVIL ACTION LAW TRACE DAVIS Defendant IN CUSTODY ORDER OF COURT AND NOW, this ( 2 1? day of A v h , , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated June 3, 2008 shall continue in effect as modified by this Order. 2. The parties shall continue to follow the same custody schedule pattern established in the June 3, 2008 Order with the exception of the Tuesday evening periods of custody from 5:00 p.m. until 8:00 p.m., which shall be discontinued. In addition, the Father shall have custody of the Children on the first Friday of every month from after work, when the Father shall pick up the Children at the paternal grandparents' residence through Saturday at 12:00 noon. The parties shall cooperate in adjusting the Saturday time for exchange in the event the Mother has a planned special activity for the Children earlier on Saturday. The morning exchanges of custody which are specified to take place in the June 3, 2008 Order at 7:15 a.m. shall instead occur at 7:00 a.m. 3. In the event either party is unavailable to provide care for the Children during his or her period of custody and requires child care during that time, that parent shall first contact the other parent to offer the opportunity to provide care for the Children before contacting third party caregivers. Unless otherwise agreed, however, the Children shall stay overnight at the paternal grandparents' residence on Tuesday during the Mother's periods of custody to minimize the number of early morning custodial exchanges as much as possible due to the Father's work hours. The Father shall retain custody of the Children on his drill weekends, during which the Father shall make arrangements for the paternal grandparents to provide care for the Children. 4. The parties shall cooperate in continuing to explore the option of obtaining co-parenting counseling to strengthen the parties' co-parenting relationship and improve communications to enable them to effectively co-parent their Children. 5. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, December 3, 2008 at 9:00 a.m. for the purpose of reviewing the custodial arrangements. In the event the Father is notified of military deployment, the Father's counsel may contact the conciliator to schedule an earlier follow-up conference. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, A? J. sley Oler, Jr. cc: /Edmund J. Berger, Esquire - Counsel for Father drew C. Sheely, Esquire - Counsel for Mother NICHOLAS DAVIS Plaintiff VS. TRACE DAVIS Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-2487 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lillian Davis December 22, 2005 Mother/Father Lavinia Davis December 22, 2005 Mother/Father 2. A custody conciliation conference was held on August 13, 2008, with the following individuals in attendance: the Father, Nicholas Davis, with his counsel, Edmund J. Berger, Esquire, and the Mother, Trace Davis, with her counsel, Andrew C. Sheely, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAVIS, . 08-2487 - CIVIL TERM Plaintiff . V. IN DIVORCE and CUSTODY TRACE C. DAVIS, . Defendant PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above-captioned proceeding support claims, and mark it settled, discontinued, and e Date: October 17, 2008 Edmund J. Berger Attorney for Plainti , in addition to the , with prejudice. BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920t8901 E-Mail: tberaer am erae rm.net IN THE COURT OF COMMON PL CUMBERLAND COUNTY, PENNSYL NICHOLAS E. DAVIS, Plaintiff V. TRACE C. DAVIS, Defendant 08-2487 - CIVIL T IN DIVORCE . I CERTIFICATE OF SERVICE I hereby certify that I have this day filed the foregoing documer DISCONTINUE, upon the following persons and in the manner BY FIRST CLASS MAIL Andrew Sheely, Esq. 127 S. Market Street Mechanicsburg, PA 17055 Date: October 17, 2008 Edmund J. Be Attorney for P BERGER LAw Flf 2104 Market St Camp Hill, PA 1 Phone: (717) 9, Fax: (717) 9 E-Mail: tberger OF IA PRAECIPE TO indicated. P.C. 11 8900 -8901 )ergerlawfirm.net ?.:' ?-? `°-? .? . ? .?? > ?, c r;, ?Y "?i' ? ....J ; ,u+-'? ?7'al NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-2487 CIVIL ACTION LAW TRACE DAVIS Defendant IN CUSTODY ORDER AND NOW, this 2nd day of December, 2008, the conciliator, being advised by counsel for both parties that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for December 3, 2008 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ti 4 T `° S« i ?, T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAVIS, Petitioner v. TRACE C. DAVIS, Respondent PETITION FOR MODIFICATION OF A CUSTODY ORDER WITH RESPECT TO THE CHILDREN, LILLIAN DAVIS AND LAVINIA DAVIS 1. This Petition of NICHOLAS E. DAVIS respectfully represents that on August 19, 2008, an Order of Court was entered by Judge Wesley Oler for shared legal and physical custody of the children, Lillian Davis and Lavinia Davis, a true and correct copy of which is attached hereto as Exhibit A. The August 19, 2008 Order modified the custody arrangement established in an Order of June 3, 2008. Exhibit B. 2. Since August 19, 2008, the circumstances of Plaintiff and Defendant have changed such that the August 19, 2008 Order should be modified. More specifically, the August 19, 2008 Order should be modified because of the following circumstances: a. Mother's lack of availability to the children during her scheduled periods of custody; b. Changes in work schedules of Mother and Father; $7.00 PU A11`/ C#~l~f~ c. Failure of Mother to confer with Father about variations in her schedule so as to facilitate informal modifications of the custody schedule. WHEREFORE, Petitioner requests that the Court modify the existing Order of custody because it will be in the best interest of the children; July 6, 2010 BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 CUI I IUI IU J. CJGI l~. GI Attorney I.D. #53407 Attorney for Petitioner VERIFICATION I, NICHOLAS DAVIS, verify that the statements made in this Petition for Modification of Custody 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. Date: ~;(„T~n I~l ~OiC1 . NICHOLAS DAVIS AUG 18 2008 NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2487 CIVIL ACTION LAW TRACE DAVIS Defendant IN CUSTODY ORDER OF COURT AND NOW, this `~ day of ~ ~ ~j - 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated June 3, 2008 shall continue in effect as modified by this Order. 2. The parties shall continue to follow the same custody schedule pattern established in the June 3, 2008 Order with the exception of the Tuesday evening periods of custody from 5:00 p.m. until 8:00 p.m., which shall be discontinued. In addition, the Father shall have custody of the Children on the first Friday of every month from after work, when the Father shall pick up the Children at the paternal grandpazents' residence through Saturday at 12:00 noon. The parties shall cooperate in adjusting the Saturday time for exchange in the event the Mother has a planned special activity for the Children earlier on Saturday. The morning exchanges of custody which are specified to take place in the June 3, 2008 Order at 7:15 a.m. shall instead occur at 7:00 a.m. 3. In the event either party is unavailable to provide care for the Children during his or her period of custody and requires child care during that time, that parent shall first contact the other parent to offer the opportunity to provide care for the Children before contacting third party caregivers. Unless otherwise agreed, however, the Children shall stay overnight at the paternal grandparents' residence on Tuesday during the Mother's periods of custody to minimize the number of early morning custodial exchanges as much as possible due to the Father's work hours. The Father shall retain custody of the Children on his drill weekends, during which the Father shall make arrangements for the paternal grandparents to provide care for the Children. 4. The parties shall cooperate in continuing to explore the option of obtaining co-parenting counseling to strengthen the parties' co-parenting relationship and improve communications to enable them to effectively co-parent their Children. 5. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, December 3, 2008 at 9:00 a.m. for the purpose of reviewing the custodial arrangements. In the event the Father is notified of military a EXHIBIT W a deployment, the Father's counsel may contact the conciliator to schedule an earlier follow-up conference. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, c~% J. sley Oler, Jr. cc: /Edmund J. Berger, Esquire -Counsel for Father ~idrew C. Sheely, Esquire -Counsel for Mother 1 3 ~ a006 NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2487 CIVIL ACTION LAW TRACE DAVIS Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ~.~n ~ 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Nicholas Davis, and the Mother, Trace Davis, shall have shared legal custody of Lillian Davis, born December 22, 2005, and Lavinia Davis, born December 22, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the pazent then having physical custody. With regard to any emergency decisions which must be made, the pazent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that pazent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. Pending the follow-up custody conciliation conference scheduled in this Order, the parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children as follows: 1. From Friday, May 23 at 5:00 p.m. through Tuesday, May 27 at 7:15 a.m. 2. From Friday, May 30 at 5:00 p.m. through Tuesday, June 3 at 7:15 a.m. 3. On Tuesday, June 10 from 5:00 p.m. unti18:00 p.m. 4. From Friday, June 13 at 5:00 p.m. through Saturday, June 14 at 7:00 a.m., from Saturday, June 14 at 2:00 p.m. through Sunday, June 15 at 7:00 a.m., and from Sunday, June 15 at 2:00 p.m. through Tuesday, June 17 at 7:15 a.m. a EXHIBIT W J Q J J Q 5. From Friday, June 20 at 5:00 p.m. through Monday, June 23 at 7:15 a.m. 6. From Friday, June 27 at 5:00 p.m. through Tuesday, July 1 at 7:15 a.m. 7. On Tuesday, July 8 from 5:00 p.m. unti18:00 p.m. 8. From Friday, July 11 at 5:00 p.m. through Saturday, July 12 at 7:00 a.m., from July 12 at 2:00 p.m. through Sunday, July 13 at 7:00 a.m., and from July 13 at 2:00 p.m. through Tuesday, July 15 at 7:15 a.m. 9. From Friday, July 18 at 5:00 p.m. through Monday, July 21 at 7:15 a.m. 10. From Friday, July 25 at 5:00 p.m. through Tuesday, July 29 at 7:15 a.m. 11. On Tuesday, August 5 from 5:00 p.m. unti18:00 p.m. 12. From Friday, August 8 at 5:00 p.m. through Saturday, August 9 at 7:00 a.m., from August 9 at 2:00 p.m. until Sunday, August 10 at 7:00 a.m., and from August 10 at 2:00 p.m. through Tuesday, August 12 at 7:15 a.m. B. The Mother shall have custody of the Children at all times not otherwise specified for the Father in this provision. C. In the event the date of the custody conciliation conference is adjusted, the parties shall continue following the same pattern of scheduling as specified in this provision until the time of the follow-up conciliation conference. 3. The parties shall share or alternate having custody of the Children on holidays as follows: A. Thanksgiving: In every year, the Father shall have custody of the Children for the Thanksgiving holiday from Wednesday after work through Thanksgiving Day at 4:00 p.m. and the Mother shall have custody from Thanksgiving Day at 4:00 p.m. through the following Friday at 4:00 p.m. B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 3:00 p.m. through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered yeazs, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered yeazs, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. C. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, August 13, 2008 at 1:30 p.m. for the purpose of establishing custody arrangements on an ongoing basis. 5. 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. cc: / and J. Ber er, Es uire - Co g q unsel for Father Andrew C. Sheely, Esquire -Counsel for Mother eon ~~ m~~C~ L/wl v g ~~ BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAVIS, 08-2487 -CIVIL TERM Plaintiff . v. IN DIVORCE TRACE C. DAVIS, Defendant . CERTIFICATE OF SERVICE hereby certify that I have this day served a true copy of the foregoing document, Petition for Modification of Custody, upon the participants, listed below, in accordance with the requirements of § 1.54 (relating to service by a participant): BY FIRST CLASS MAIL Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Date: July 6, 2010 ~.ui i iu~ iu v. vii y~i Attorney I . D. #53407 BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 tberger@bergerlawfirm. net i ~. NICHOLAS DAMS PLAINTIFF V. TRACE DAMS DF..FENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 2008-2487 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 14, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, August 02, 2010 at 10:30 AM for aPre-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/ Dawm S. SundaYZEsg~ 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 TIiIS 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. _ Q ~r~ 1~Cumberland County Bar Association r~--_- ~ =„ ~ ' I N ~ ~ ~ ~~ ~ ~` ~ 32 South Bedford Street ?} ~`~ ~-- -}v Carlisle, Pennsylvania 17013 ':- e -~ ~-T-, ~,le~ ,.~.~ Telephone (717) 249-3166 '` ~-, ~' ; V ~ ~~ ~ ~ N `til E ~i ~ v'' 7, t ~ • (o ~,~~ nom;, ~-° ~ Ada NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2487 CIVIL ACTION LAW TRACE DAVIS' Defendant IN CUSTODY G w r n ORDER OF COURT c w rn AND NOW, this day of 6 f--- -, 2010, upon replaced with this Order. The prior Order of this Court dated June 3, 2008 shall continue in effect as modified by this Order. o an consid1.eration The of the prior attacOrderhed of this Custody Court dated Conciliation August 19, Report, it 2008 is is ere d vacated d and directed as follows: 2. The parties shall share having physical custody of the Children on the following schedule under which the Father has custody of the Children on Mondays and Tuesdays, the Mother has custody on Wednesdays and Thursdays and the parties alternate having custody from Friday through Sunday or Monday morning with the Mother always having custody of the Children on the one weekend each month when the Father works: The Father shall have custody of the Children on Monday August 30 through Wednesday September 1 when the Father shall drop off the Children at preschool/child care before work. The Mother shall have custody from Wednesday September 1 after work through Friday September 3 before work when the Mother shall transport the Children to preschool/child care. The Father shall have custody from Friday, September 3 after work through Wednesday, September 8 before work. The Mother shall have custody from Wednesday, September 8 through Sunday, September 12 at 7:00 p.m. The Father shall have custody from Sunday, September 12 at 7:00 p.m. through Wednesday, September 15 before work. The Mother shall have custody from Wednesday, September 15 after work through Friday, September 24 before work. The Father shall have custody from Friday, September 24 after work through Wednesday, September 29 before work. The Mother shall have custody from Wednesday, September 29 through Friday, October I before work. The Father shall have custody from Friday, October 1 after work through Wednesday, October 6 before work. The Mother shall have custody from Wednesday, October 6 after work through Sunday, October 10 at 7:00 p.m. The Father shall have custody from Sunday.. October 10 at 7:00 p.m. through Wednesday, October 13 before work. The Mother shall have custody from Wednesday, October 13 after work through Friday, October 15 before work. The Father shall have custody from Friday. October 15 after work through Wednesday, October 20 before work. The Mother shall have custody from Wednesday, October 20 after work through Sunday, October 24 at 7:00 p.m. The Father shall have custody from Sunday, October 24 at 7:00 p.m. through Wednesday, October 27 before work. The Mother shall have custody from Wednesday, October 27 after work through Friday, October 29 before work. The Father shall have custody from Friday, October 29 after work through Wednesday. November 3 before work. 3. The parties shall cooperate in continuing the foregoing schedule thereafter using the same arrangement with the Mother having weekend periods of custody on the Father's work weekends and the parties equally sharing the other weekends, the Mother returning the Child to the Father's custody on Sunday evenings preceding a Monday on which the Father is off work and with the parent who has custody during the preceding overnight being responsible to make arrangements for the Children the following day if they are unable to attend preschool/child care due to illness or other causes. 4. In the event either party is unavailable to provide care for the Children during his or her periods of custody, that parent shall first offer the other parent the opportunity to provide care for the Children during that period before contacting third party caregivers, including family members. The purpose of this provision is to ensure that the Children are in the custody of one of the parents as much as possible. 5. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Children's preschool/child care provider. 6. Within 60 days of completing the custody schedule set forth in this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J.Mesley Oler, ?-r - 'J cc: mund J. Berger, Esquire - Counsel for Father Andrew C. Sheely, Esquire - Counsel for Mother 0o t,F.s rN7l La NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. TRACE DAVIS Defendant 2008-2487 CIVIL ACTION LAW IN CUSTODY Prior Judge: J. Wesley, Oler, Jr. 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lillian Davis December 22, 2005 Mother/Father Lavinia Davis December 22, 2005 Mother/Father 2. A custody conciliation conference was held on August 23, 2010, with the following individuals in attendance: the Father, Nicholas Davis, with is counsel, Edmund J. Berger, Esquire, and the Mother, Trace Davis, with her counsel, Andrew C. Sheely, Esquire. 3. The parties agreed to entry of an Order in the form as attached. A-,?- a y avi - Date W Dawn S. Sunday, Esquire Custody Conciliator DEC 2 72010 NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2487 CIVIL ACTION LAW C_ - =rn r= TRACE DAVIS Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2-5 ? day of ?u e I: , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated June 3, 2008 and August 31, 2010 are vacated and replaced with this Order. 2. The Father, Nicholas Davis, and the Mother, Trace Davis, shall have shared legal custody of Lillian Davis, born December 22, 2005 and Lavinia Davis, born December 22, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall share having physical custody of the Children on the following schedule: A. In every week, the Father shall have custody of the Children from Sunday at 4:30 p.m. through Wednesday morning before work, the Mother shall have custody from Wednesday morning when the Father drops off the Children before work at his parents' residence through Friday at 5:00 p.m. B. The parties shall alternate having custody of the Children on weekends so that during the Father's weekends he shall have custody from Friday at 5:00 p.m. through the following Wednesday morning and on the Mother's weekends, the Mother shall have custody from Wednesday through Sunday at 4:30 p.m. C. When the Father's military drill weekends fall on his weekend periods of custody, the Mother shall have custody of the Children for those weekends until Sunday at 4:30 p.m. when the Mother shall take the Children to the grandparents' residence. The Mother shall have custody of the Children on the weekend immediately preceding the drill weekend so that the weekends are switched. Thereafter, the parties shall resume having custody on the alternating weekly schedule following the drill weekend. 4. The parties shall share having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 3:00 p.m. through Christmas Day at noon and Segment B, which shall run from Christmas Day at noon through December 26 at noon. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. New Year's: The New Year's holiday shall be divided into Segment A, which shall run from New Year's Eve at 3:00 p.m. through New Year's Day at 12:00 noon, and Segment B, which shall run from New Year's Day at 12:00 noon through January 2nd at 12:00 noon. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. C. Thanksgiving: In every year, the Father shall have custody of the Children from after work on the Wednesday before Thanksgiving through Thanksgiving Day at 4:00 p.m. and the Mother shall have custody from Thanksgiving Day at 4:00 p.m. through the following Friday at 4:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have up to two nonconsecutive weeks of vacation custody with the Children each year upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on selection of his or her vacation dates. The Mother shall have a period of vacation custody with the Children from June 25 through July 2, 2011. 6. Neither party shall make changes to the custody schedule set forth in this Order unless the parties have both agreed to the change in writing, including email. 7. Neither party shall do or say anything which 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. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of written mutual consent, the terms of this Order shall control. BY THE COURT, Cr;, J. esley Oler, Jr J. cc: / e?Aa w C. Sheel Esquire - Counsel y, for Mother dmund J. Berger, Esquire - Counsel for Father eo ?els, , NICHOLAS DAVIS vs. TRACE DAVIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2008-2487 CIVIL ACTION LAW Defendant . IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lillian Davis December 22, 2005 Mother/Father Lavinia Davis December 22, 2005 Father/Mother 2. A custody conciliation conference was held on December 22, 2010, with the following individuals in attendance: the Father, Nicholas Davis, with his counsel, Edmund J. Berger, Esquire, and the Mother, Trace Davis, with her counsel, Andrew C. Sheely, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAVIS, Petitioner V. TRACE C. DAVIS, Respondent 2008-2487 - CIVIL ACTIOJ AW _ r.. _ > IN CUSTODY -< < ra T, C-) - -?F PETITION FOR MODIFICATION OF A CUSTODY ORDER WITH RESPECT TO THE CHILDREN, LILLIAN DAVIS AND LAVINIA DAVIS 1. This Petition of NICHOLAS E. DAVIS respectfully represents that on December 28, 2010, an Order of Court was entered by Judge Wesley Oler for shared legal and physical custody of the children, Lillian Davis and Lavinia Davis, a true and correct copy of which is attached hereto as Exhibit A. The December 28, 2010 Order modified the custody arrangement previously established in Orders of June 3, 2008 and August 18, 2008. Exhibit B. 2. Since December 28, 2010, the parties have been unable to reach an agreement to a custody arrangement which will provide for a stable home and school life for the children when they enter school for kindergarten in the upcoming school year. 3. Father would like the children to attend school at Rutherford Elementary in the Central Dauphin School District where he resides and Mother would %10. co ?a 0111y ek $ y 7ya e*d5 7 V 9S apparently like the children to attend school in West Shore School District where she resides. 4. Father has visited and researched the schools where the children could attend school and believes that their attendance at Rutherford Elementary would provide the best education for them in the upcoming year. 5. Father has also investigated and identified a reasonable cost and high quality before-and-after-school day care program which the children could attend until they could go to and be picked up from school. 6. Mother is due to graduate in the next few months from her nursing degree program and to begin a new job. 7. Because of Mother's transition to employment over the summer, it is unknown whether Mother will be moving, where she will be residing when the school year begins or thereafter, or what her hours of employment will be, even though she has indicated that she expects to continue to reside in the West Shore School District and expects to be able to be home from work to be available for the children following school or after a before-and-after-school day care program. 8. Father's job allows him to be available to the children following the indicated before-and-after-school day care program and, given the uncertainties with Mother's transition to employment, Father submits that custody during the school week should be with Father and that the children should be registered for school in the Central Dauphin School District at Rutherford Elementary. 9. Father believes that the best custody arrangement would be for Father to have custody from Monday mornings when Mother brings the children to the 2 before-and-after-school day care program (or school) until the end of the work day on Fridays when Father brings the children to their Mother's home. Under this arrangement, Father is also requesting custody one weekend per month. 10. Father's goal in making this proposal is to provide a stable home environment for the children that supports their schooling and to avoid inconvenient and time-consuming intra-week exchanges of the children. 11. Father believes that the children's best interests are served by the proposed custody schedule, which also provides a reasonable balance of custody time between the parents. 12. Notwithstanding that Father will have more overnights under this proposal, Father is agreeable to having child support based upon 50%/50% shared physical custody while a custody order is in effect and is adhered to by both parents that implements Father's requested custody schedule and registration of the children at Rutherford Elementary. 13. In light of the above considerations, Father submits that the custody schedule implemented by the December 28, 2010 Order should be modified to provide as follows: a. Children's attendance of kindergarten during the 2011-2012 school year at Rutherford Elementary; b. Mother drops off children at before-and-after-school day care program, or school, on Monday mornings and Father drops off children at Mother's home on Friday evenings; c. Father has custody one weekend per month. 14. Father also respectfully requests that this matter be listed as soon as possible for hearing and that the conciliation process be bypassed for the following reasons: a. The 2011-2012 school year will begin in less than 5 months and the children should be registered for school a reasonable period of time before that to allow the parties to prepare for the school year; and b. After several months of attempted discussion of the issue since the last conciliation in December, 2010, the parties have been unable to reach agreement and Father believes that, as a result, a conciliation will be ineffective in resolving these issues. WHEREFORE, Petitioner requests that the Court list this matter for hearing as soon as possible, bypassing the conciliation process, and modify the existing Order of custody as requested above because it will be in the best interest of the children. March 31, 2011 Edmund J. Berger Attorney I . D. #53407 Attorney for Petitioner BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-mail: tberger@bergerlawfirm.net 4 VERIFICATION I, NICHOLAS DAVIS, verify that the statements made in this Petition for Modification of Custody 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. r Date: T J 1v)4 - 20 r I ? ?-? 6 C?? NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAVIS, 08-2487 - CIVIL TERM '.., Plaintiff .,,r,-, ; V. IN DIVORCE ' TRACE C. DAVIS, "? Defendant CERTIFICATE OF SERVICE I hereby certify that I have this day served a true copy of the foregoing document, Petition for Modification of Custody, upon the participants, listed below, in accordance with the requirements of § 1.54 (relating to service by a participant): BY FIRST CLASS MAIL Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Date: April 1, 2011 Edmund J. Berger " Attorney I.D. #53407 BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 tberger@bergerlawfirm.net NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2487 CIVIL ACTION LAW r..) - cD , ., o -, a MCO TRACE DAVIS rn 3:1- rn = IN CUSTODY r -v DEFENDANT --e> C:5? ?? 2? c) o ORDER OF COURT =C) C.0 q AND NOW, Wednesday, April 06, 2011 upon consideration of the attached CdMpla5, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 10, 2011 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Q/ Cumberland County Bar Association 0 32 South Bedford Street Carlisle, Pennsylvania 17013 S Telephone (717) 249-3166 NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2008-2487 CIVIL ACTION LAW vs. ? TRACE DAVIS ter -- r Defendant IN CUSTODY - _ ? ORDER OF COURT AND NOW, this day of Tin C.- 2011 ,`"upon f the attached Custody Conciliation Report, it is ordered and directed as follows: i id on o erat cons 1. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse on the 8th day of August 2011, at 9:30 a.m., at which time testimony will be taken. For purposes of the hearing, the Father shall be deemed to 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 each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. 2. Pending the hearing and further Order of Court or agreement of the parties, the prior Order of this Court dated December 28, 2010 shall continue in effect. BY THE COURT, J. cc: /Edmund J. Berger, Esquire - Counsel for Father Andrew C. Sheely, Esquire - Counsel for Mother sley Oler, Jr./ J. w?d ?po ,s',, Do NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. TRACE DAVIS Defendant 2008-2487 CIVIL ACTION LAW IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lillian Davis December 22, 2005 Father/Mother Lavinia Davis December 22, 2005 Mother/Father 2. A custody conciliation conference was held on May 10, 2011, with the following individuals in attendance: the Father, Nicholas Davis, with his counsel, Edmund J. Berger, Esquire, and the Mother, Trace Davis, with her counsel, Andrew C. Sheely, Esquire. 3. This Court previously entered an Order in this matter on December 28, 2010 under which the Father has custody of the Children every week from Sunday at 4:30 p.m. through Wednesday morning, the Mother has custody from Wednesday morning through Friday at 5:00 p.m. and the parties alternate the weekends. The Father filed this Petition for Modification seeking to enroll the Children in kindergarten in his school district which is currently the Central Dauphin School District and proposed to have custody of the Children during the school weeks. The parties were unable to reach an agreement on the issues of school enrollment and the school year schedule and it will be necessary to schedule a hearing. 4. It should be noted that neither party has lived in Cumberland County for more than six months. There may be an issue regarding relocation requirements under the amendments to the custody law as the Mother moved within the West Shore School District in March 2011 and the Father moved from the West Shore School District to the Central Dauphin School District in February. 5. The Father's position on custody is as follows: The Father believes it would be in the Children's best interests to reside with him during the school weeks so that they can attend school in Central Dauphin, which he believes offers the best educational opportunities. The Father proposed that he have custody from Monday through Friday and the Mother have custody on all weekends except one per month. The Father believes that schedule would promote consistency for the Children for school attendance purposes. The Father indicated that he has researched the before and after school programs in his area and has determined that he can handle arrangements for the Children during the week. The Father expressed concern that the Mother will be graduating from nursing school soon and presumably will begin a new job with hours that are unknown at this time. 6. The Mother's position on custody is as follows: The Mother believes that it would be in the Children's interests to continue using the same custody schedule or for her to have custody of the Children throughout the school week so that they can attend school in the West Shore School District where she resides. The Mother indicated that she moved to her current residence to be closer to the Father at the time as well as both sets of grandparents and the Children's support structure. The Mother indicated she would be willing to enroll the Children in private school at Saint Catherine or Saint Theresa if the Father were agreeable. The Mother noted at the conference that the Father never provided notice of his move out of the West Shore School District and she had not provided consent. 7. Due to the importance of resolving the issue as to where the Children will be enrolled in kindergarten for the upcoming school year, the conciliator has reserved a date for the hearing in this matter with the Court as reflected in the proposed attached Order. It is anticipated that the hearing will require one-half day. Date Dawn S. Sunday, ?Esquir Custody Conciliator NICHOLAS DAVIS, Plaintiff V. TRACE HALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C NO. 08-2487 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY ORDER BEFORE OLER, J. ORDER OF COURT rn Co M a 7-J ?E AND NOW, this 9 h day of August, 2011, upon consideration of Plaintiff s Petition for Modification of a Custody Order with Respect to the Children, Lillian Davis and Lavinia Davis, and following a hearing held on August 8, 2011, which has not yet been completed, it is ordered and directed as follows: 1. Pending further hearing and further order of court, the custodial terms of the Order of Court dated December 28, 2010, with respect to the said children of the parties, shall remain in full force and effect; and 2. For the forthcoming school year, the children shall be enrolled in the Central Dauphin School District, where Plaintiff resides. BY THE COURT, Edmund J. Berger, Esq. 2104 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Andrew C. Sheely, Esq. 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Attorney for Defendant rc Cie p; e5 i44Gi . 'I e(1 <// 911 / at NICHOLAS DAVIS, Plaintiff V. TRACE HALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2487 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY ORDER ORDER OF COURT C'7 C rnm Mf'?'1rn MM ? ? Dn Zcy b t+7 N Ift zc cn r'n ?6 C:) , - 4c> -c AND NOW, this 1St day of September, 2011, a further period of hearing in the above matter is scheduled for Thursday, December 15, 2011, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ? Edmund J. Berger, Esq. 2104 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Andrew C. Sheely, Esq. 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Attorney for Defendant J. Wesley Ol(fri Jr:, (, . ? .Id CoP? 4fl ab :rc Edmund J. Berger Attorney I.D. # 53407 Attorney for Defendant BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-mail: tberger@bergerlawfirm.net r ++'?' L. ?"r7C # ??. I s ,., t?1 F^ r. # [ i2orT 1- P I: ~i `'L'1' ? E (. AJ i, L PEt?ISYLVA114111'j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAVIS, Plaintiff V. TRACE C. DAVIS, Defendant 2008-2487 - CIVIL ACTION LAW IN CUSTODY PETITION TO WITHDRAW APPEARANCE Petitioner, Edmund J. Berger, petitions this Court, pursuant to Pa.R.C.P. 1012(c), for leave to withdraw as counsel for Plaintiff/Respondent Nicholas E. Davis, in the above-captioned matter and, in support thereof, avers as follows: 1. This is a custody action. 2. The Plaintiff in this case is Nicholas Davis, 7528 Manor Drive, Harrisburg, PA 17112. 3. Petitioner has represented Plaintiff since being retained in this matter in April, 2008. 4. Petitioner has taken a job in Ohio with the Ohio Consumer's Counsel, an Ohio state government office, and will start that job on October 22, 2012 and is, therefore, unable to continue his representation. 5. This matter is not active in that there is a Stipulated Order of Custody and no Petition for Modification of such custody is currently pending before the Court. 6. Plaintiff has no current need for counsel and has, therefore, not sought to obtain replacement counsel. Unless this Petition is granted, Petitioner will. incur hardship in having to provide representation when he is no longer residing in Pennsylvania and no longer maintaining an office to provide services. 8. Counsel for Defendant has concurred in Petitioner's withdrawal. 9. This matter has previously been before Judge Oler who entered a number of orders in this case. WHEREFORE, Petitioner respectfully requests that this Court grant his Petition to withdraw as counsel for Nicholas Davis. Dated: October 16, 2012 Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: 717-920-8900 Fax: 717-920-8901 tberger@bergerlawfirm.net VERIFICATION I, Edmund J. Berger, verify that the statements made in this Petition to Withdraw Appearance at Docket No. 2008-2487 Civil Term, 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 unsworn falsification to authorities. Dated: October 16, 2012 Edmund J. Berger IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACE C. DAVIS, Plaintiff VS. DOCKET NO. 2008-2487 Civil Action NICHOLAS E. DAVIS, Defendant IN CUSTODY Certificate of Service I hereby certify that I have this day served a true copy of the foregoing document, Petition to Withdraw Appearance with Rule, upon the participants, listed below, in accordance with the requirements of § 1.54 (relating to service by a participant): BY FIRST CLASS MAIL Andrew C. Sheely, Esq. 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Nicholas Davis 7528 Manor Drive Harrisburg, PA 17112 Dated this October 16, 2012 Edmund J. Berger BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-Mail: tbergerfteraerlawfirm.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAMS, Plaintiff v. TRACE C. DAMS, Defendant 2008-2487 -CIVIL ACTION LAW IN CUSTODY ORDER ~' ,` AND Nnw'. this ~~' day of ~~~~ ~' , 2012, upon consideration of the Petitioner's Petition for Leave to Withdraw, the Petition is granted and the appearance of Petitioner, Edmund J. Berger, is withdrawn. BY THE COURT: p ,,..iy~'~~s j ~, ~- , J. ,. ..:., , . ~'; ~._~ 4~ ~~ u aa~ J ~i~r~ ~~ . III ~ G~iOIQS ~a his ~ ~)Hd~-~w ~- Sl ~~ ~sy~. C~Ap %~S lucz , /c-~ /Dej q~ a Distribution List: F,dmund "Tad" Berger, 2104 Market Street, Camp Hill, PA 17011 Nicholas Davis, 7528 Manor Drive, Harrisburg, PA 17112 Andrew Sheely, Esq., 127 Market Street, P.O. Box 95, Mechanicsburg, PA 17055