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HomeMy WebLinkAbout08-7358RICHARD B. DRUBY, ESQUIRE PA Attorney I.D. No. 61904 Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdruby(a hersheyalaw com Attorney for Plaintiff AMY L. 5IL VA, Plaintiff V. CHRISTOPHER R. SILVA, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. ©g' 73`?S ?``? CIVIL ACTION-DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Amy L. Silva, an adult individual, with a current residence at 257 North 24th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Christopher R. Silva, an adult individual, with a current residence at 152 Willow Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 21, 1992, in Lancaster, Lancaster County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. Neither party is a member of the Armed Forces of the United States of America or any of its allies. COUNT I• DIVORCE 7. The above paragraphs are incorporated herein by reference. 2 8. The marriage is irretrievably broken. 8. 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. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree dissolving the marriage between the Plaintiff and Defendant. COUNT II: CUSTODY 10. The above paragraphs are incorporated herein by reference. 11. Plaintiff is Amy L. Silva, an adult individual, with a current residence at 257 North 24th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 12. Defendant is Christopher R. Silva, an adult individual, with a current residence at 152 Willow Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 13. Plaintiff seeks custody of the following children (hereinafter "minor children"): Name Present Residence Age Madeline Silva Reid Silva 257 North 24th Street Camp Hill, PA 17011 257 North 24th Street Camp Hill, PA 17011 The minor children were born in wedlock. 13(d.o.b 5/12/95) 10 (d.o.b 8/8/98) The minor children are presently in the custody of Plaintiff who resides at 257 North 24th Street, Camp Hill, PA 17011 During the past five (5) years, the minor children have resided with the following persons at the following addresses; Name Present Residence Plaintiff 257 North 24t` Street Camp Hill, PA Plaintiff and Defendant same as above Plaintiff same as above Plaintiff and Defendant same as above Dates 8/25/08 to present 11/8/07 to 8/25/08 3/5/07 to 11/8/07 2000 to 3/5/07 The mother of the minor children is Plaintiff, Amy Silva, who resides at 257 North 24`h Street, Camp Hill, PA 17011. She is married. The father of the minor children is Defendant, Christopher Silva, currently residing at 152 Willow Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. He is married. 14. The relationship of Plaintiff to the minor children is that of natural mother. The Plaintiff currently resides with the following persons: The minor children. 15. The relationship of Defendant to the minor children is that of natural father. The Defendant currently resides with the following persons: None. 16. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the minor children in this or another court. Plaintiff has no information of a custody proceeding concerning the minor children pending in a court of this Commonwealth or any other state. 4 Plaintiff does not know of a person not a party to the proceeding who has physical custody of the minor children or claims to have custody or visitation rights with respect to the minor children. 17. The best interest and permanent welfare of the minor children will be served by granting Plaintiff primary custody because: a. Since the birth of each of the minor children, Plaintiff has been and continues to be the primary caretaker and custodian of the minor children. b. The minor children have a loving and caring relationship with the Plaintiff that is in their best interest to primarily maintain so that the minor children have stability in their lives. Plaintiff is in a better position, emotionally and otherwise, to take care of the minor children. d. Plaintiff can provide appropriate care for the minor children; e. Plaintiff is in a better position to spend more time with the minor children and meet their needs; f. Defendant has significant diagnosed mental and emotional problems, has been acting erratically and unpredictably, and has been hospitalized for treatment but has failed to follow medical advice, all of which makes his having any custody other than supervised visitation not in the best interest of the minor children. g. Granting Plaintiff the request for relief will be in the best interest and permanent welfare of the minor children. 5 h. Those other reasons as can be more specifically set out at a hearing on this Complaint. 8. Each parent whose parental rights to the minor children have not been terminated and the person who has physical custody of the minor children have been named as parties to this action. All other persons, named below, who are believed to have or claim a right to custody or visitation of the minor children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests the court to grant her primary custody of the minor children. Respectfully submitted, NESTICO, DRUB14HILDABRAND, L.L.P. By: Date: I A -114 Attorney I.D. No. 6190 840 East Chocolat venue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Plaintiff 6 VERIFICATION I, Amy L. Silva, verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Ol- Date:! - ?,3 AMY L. 4 e VA ? 7 z co (Zi c-, !? f? Y AMY L. SILVA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 08-7358 Civil Term CHRISTOPHER R. SILVA, Defendant CIVIL ACTION-DIVORCE AFFIDAVIT OF SERVICE I, Richard B. Druby, Esquire, counsel for Plaintiff, hereby certify that on December 19, 2008, I served on Christopher Silva, the Divorce Complaint via certified mail, restricted delivery, return receipt requested. The green return receipt for said service indicates that the same was received by him on January 8, 2009. Attached hereto, marked as Exhibit A and incorporated herein by reference are the cover letter and green return receipt for the service of the original Divorce Complaint Respectfully NESTICO, I By: Date: - Richard. Druby Esquire Attorney I.D. No. 61904 840 E. Chocolate . Hershey, Pennsylvania 17033 (717) 533-5717 Attorney for Plaintiff L.L.P. 91 NSHCO, Day & IMDURMN LLP ATTORNEYS AT LA W $40 East Chocolate Avenue, Hershey, PA 17033 Phone(717)533-5406 Fax(717)533-3717 w ww?.hersheypalawxom December 19, 2008 VIA CERTIFIED MAIL. RESTRICTED DELIVERY,_RETURN RECEIPT REOUESTED Christopher Silva 152 Willow Avenue Camp Hill, PA 17011 Re: Silva v. Silva Cumberland County Docket No. 08-7358 Dear Mr. Silva: I represent your wife with regard to Divorce proceedings which have been initiated against you. Pursuant to the Pennsylvania Rules of Civil Procedure, you are hereby served with the enclosed Divorce Complaint. Please read the notice carefully and act accordingly. .L.P N fU Cc Ln A ti r-l M Pk? ? - ?--- ?- .. 4. -.---l-------------------- 4 I_ very truly Yom RBDlbls Cc: Amy Silva (w/enc) ¦ Complete items 1, 2. and 3. Also complete OTA?' item 4 If Restricted Deilmy is desired. ¦ Print your name and address on the rem so that we can return the card to you. B. R by (Wnfed ¦ Attach this card to the back of the mallpiece, 01 ix, JT% yc _ ?, or on the front if space permits. D. Is delivery address d ftm.t 1 1. Article Addressed to: If YES, enter delivery vi L) Mefi O Express mail 3 ? 13 insured ?Rert?n Receipt torMerdmrxee V sured ured maH ? C.O.D. 2• ArtkleNumber 7007 3020 0002 1421 5822 (N "Ibr o mMraarrbe PS FO M SM 1, Fibf my =4 OoraeMle lMrMrn 14 ipt tmne oe?aesaa M T n? Cw Q Amy L. Silva Plaintiff Christopher R s'Silva Defendant Amy L. Silva respect to the following claims: ( Divorce Distribution of Property () Annulment () Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested (2) The defendant 00)K (has not) appeared in the action (personally) (by his attorney, Esquire). (3) The Staturory ground (s) for divorce (is) (are) 3301(c) and 3301(4) (4) Delete the inapplicable paragraph(s): XXxUAHfe*RX*XM1 ft*9& *XARXO x AffiX + x*ARkA* #x R x1fxAANkRM) Wx c. The action is contested with respect to the following claims: all of the above (5) The action fly) (does not involve) complex issues of law or fact (6) The hearing is expected to take one day M) (days). (7) Additional information, if any, relevant to the motion: Date: ??? ttornev for Print Attorney Name .........f Richard B. Druby, Esquire ORDER APPOINTING MASTER AND NOW, , 20 Esquire is appointed master with respect to the following claims: By the Court: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 08-7358 MOTION FOR APPOINTMENT OF MASTER (Plaintiff) (Ids, moves the court to appoint a master with J. t u ? '? •lI ???__rr++yy -V 'V f? .. ` 'F V J ?? ?J t, .7 ^.,>: ' .=? ' °.. ;„ ? ? V RICHARD B. DRUBY, ESQUIRE PA Attorney I.D. No. 61904 Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdrubYCcj)hersheypalaw. com Attorney for Plaintiff AMY L. SILVA, Plaintiff V. CHRISTOPHER R. SILVA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. : CIVIL ACTION-DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Amy L. Silva, an adult individual, with a current residence at 257 North 2e Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Christopher R. Silva, an adult individual, with a current residence at 152 Willow Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 21, 1992, in Lancaster, Lancaster County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. Neither party is a member of the Armed Forces of the United States of America or any of its allies. COUNT I: DIVORCE 7. The above paragraphs are incorporated herein by reference. 2 8. The marriage is irretrievably broken. 8. 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. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree dissolving the marriage between the Plaintiff and Defendant. COUNT U: CUSTODY 10. The above paragraphs are incorporated herein by reference. 11. Plaintiff is Amy L. Silva, an adult individual, with a current residence at 257 North 24th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 12. Defendant is Christopher R. Silva, an adult individual, with a current residence at 152 Willow Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 13. Plaintiff seeks custody of the following children (hereinafter "minor children"): Name Present Residence I- Madeline Silva Reid Silva 257 North 20 Street Camp Hill, PA 17011 257 North 20 Street Camp Hill, PA 17011 The minor children were born in wedlock. 13(d.o.b 5/12/95) 10 (d.o.b 8/8/98) The minor children are presently in the custody of Plaintiff who resides at 257 North 24a` Street, Camp Hill, PA 17011 During the past five (5) years, the minor children have resided with the following persons at the following addresses; 3 Name Present Residence Plaintiff 257 North 24' Street Camp Hill, PA Plaintiff and Defendant same as above Plaintiff same as above Plaintiff and Defendant same as above Dates 8/25/08 to present 11/8/07 to 8/25/08 3/5/07 to 11/8/07 2000 to 3/5/07 The mother of the minor children is Plaintiff, Amy Silva, who resides at 257 North 24t` Street, Camp Hill, PA 17011. She is married. The father of the minor children is Defendant, Christopher Silva, currently residing at 152 Willow Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. He is marred. 14. The relationship of Plaintiff to the minor children is that of natural mother. The Plaintiff currently resides with the following persons: The minor children. 15. The relationship of Defendant to the minor children is that of natural father. The Defendant currently resides with the following persons: None. 16. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the minor children in this or another court. Plaintiff has no information of a custody proceeding concerning the minor children pending in a court of this Commonwealth or any other state. 4 Plaintiff does not know of a person not a party to the proceeding who has physical custody of the minor children or claims to have custody or visitation rights with respect to the minor children. 17. The best interest and permanent welfare of the minor children will be served by granting Plaintiff primary custody because: a. Since the birth of each of the minor children, Plaintiff has been and continues to be the primary caretaker and custodian of the minor children. b. The minor children have a loving and caring relationship with the Plaintiff that is in their best interest to primarily maintain so that the minor children have stability in their lives. Plaintiff is in a better position, emotionally and otherwise, to take care of the minor children. d. Plaintiff can provide appropriate care for the minor children; e. Plaintiff is in a better position to spend more time with the minor children and meet their needs; f. Defendant has significant diagnosed mental and emotional problems, has been acting erratically and unpredictably, and has been hospitalized for treatment but has failed to follow medical advice, all of which makes his having any custody other than supervised visitation not in the best interest of the minor children. g. Granting Plaintiff the request for relief will be in the best interest and permanent welfare of the minor children. 5 h. Those other reasons as can be more specifically set out at a hearing on this Complaint. 8. Each parent whose parental rights to the minor children have not been terminated and the person who has physical custody of the minor children have been named as parties to this action. All other persons, named below, who are believed to have or claim a right to custody or visitation of the minor children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests the court to grant her primary custody of the minor children. Respectfully submitted, NESTICO, DRUBY,4 HILDABRAND, L.L.P. By: Date: 1 A .qI 4 Attorney I.D. No. 6( 190 840 East Chocolat venue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Plaintiff 6 VERIFICATION I, Amy L. Silva, 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 unworn falsification to authorities. Date: I%-- Z3.0-08 AMY L. VA 7 .Q ? ? C7 LAY 0 L. ;L1 MAR 3 0 20M Amy L. Silva , IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Christopher R s Silva Docket No. 08-7358 Defendant MOTION FOR .APPOINTMENT OF MASTER Amy L. Silva (plaintiff) (Wqnft;& moves the court to appoint a master with respect to the following claims: ( Divorce Distribution of Property () Annulment () Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant X (has not) appeared in the action (personally) (by his attorney, , Esquire). (3) The Staturory ground (s) for divorce (is) (are) 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): X?XXDWRWWAWAFc44144 K *XXARX*XgPfflkAMX X Ah XvA*XWMXVX X kNMA X c. The action is contested with respect to the following claims: all of the above (5) The action ftg*) (does not involve) complex issues of law or fact (6) The hearing is expected to take one day OAM) (days). (7) Additional information, if any, relevant to the motion: Date:?'? ?? ttoiney for (Plain Print Attorney Name .......... Richard B. Druby, Esquire O R APPOINTING TER ,.- AND NOW, 3d , 20 y Q ? Esquire _, (!!. k:2p~ 6" is appointed master with respect to the following claims: 4,6 By the J. C=75 _ 17 W rn .. ro I?YI cs, -c I -OD ??7*A-* 14 AO - V#flf- I AMY L. SILVA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-7358 CIVIL ACTION LAW CHRISTOPHER R. SILVA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, April 01, 2009 , 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 Thursday, April 30, 2009 at 8:30 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/ Jacqueline M. Vemey, 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 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 T - I OF ioirnAav 2w," -I m 2; 05 I z? a4 r AMY L. SILVA, Plaintiff V. CHRISTOPHER R. SILVA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-7358 Civil Term CIVIL ACTION-DIVORCE PLAINTIFF'S PETITION FOR JOINDER OF RELATED CLAIMS UNDER THE DIVORCE CODE AND NOW, comes Plaintiff, Amy L. Sliva, by her attorney, Nestico, Druby & Hildabrand, LLP, and files this Petition to join related claims, averring as follows: 1. Plaintiff previously filed a Complaint in Divorce to the above caption. 2. Plaintiff hereby files this Petition to join the following related claims set forth below. EQUITABLE DISTRIBUTION 3. The above paragraphs are incorporated herein by reference. 4. During the marriage, the parties acquired real and personal property that is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order equitably dividing the marital property of the parties. Respectfully submi NESTICO, D D D, P. By: 4J chard B. Druby, Esq re Attorney I.D. No. 6190 840 E. Chocolate Ave, Hershey, PA 17033 ' f (717) 533-5717 Date: f? ?' ?R Attorney for Plaintiff CERTIFICATE OF SERVICE I, Richard B. Druby, Esquires, of the law firm of ONestico, Druby & Hildabrand, L.L.P., hereby certify that on the 7 day of llJ?- , 2009, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Christopher Silva 3022 Harvard Avenue Camp Hill, PA 17011 FILED-01rFICE OF THE Kn,,M-MOTARY 2009 APR 15 PM 1 s 17 1.24-.00 -?cL IQ44-If CK--41 448 18 2#' a237`e AMY L. SILVA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2008-7358 CIVIL ACTION - LAW CHRISTOPHER R. SILVA, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of W z , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Mother, Amy L. Silva, shall have sole legal custody of Madeline Silva, born May 12, 1995 and Reid Silva, born August 8, 1998. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of supervised visitation as agreed by the parties provided he is in active mental health treatment and taking his prescribed medication. 4. 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. cif chard B. Druby, Esquire, Counsel for Mother Christopher R. Silva, pro se 3022 Harvard Avenue Camp Hill, PA 17011 QTCES m7ci s/c.?aQ BY THE COURT, VINV.' V S\, ,iN4 hi..i?n0 61. 9- agwo, r APR 0 2009a AMY L. SILVA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2008-7358 CIVIL ACTION - LAW CHRISTOPHER R. SILVA, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Madeline Silva May 12, 1995 Mother Reid Silva August 8, 1998 Mother 2. A Conciliation Conference was held in this matter on April 30, 2009, with the following individuals in attendance: The Mother, Amy L. Silva, with her counsel, Richard B. Druby, Esquire. Father, although served with notice of the conciliation conference did not appear. 3. The Honorable J. Wesley Oler, Jr. entered a PFA Order dated February 17, 2008 at docket number 2008-7275 with Mother as the protected party. Contact concerning custody was not a violation of the PFA Order. 4. Mother requested an Order in the form as attached. Date acq line M. Verney, Esquire ` Custody Conciliator i RICHARD B. DRUBY, ESQUIRE PA Attorney I.D. No. 61904 Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdruby_khersheypalaw.com Attorneys for Plaintiff AMY L. SILVA, Plaintiff V. CHRISTOPHER R. SILVA, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-7358 CIVIL ACTION-DIVORCE PLAINTIFF'S PRETRIAL STATEMENT PURSUANT TO PA R.C.P. 1920.33 1. List of Assets A preliminary list of assets is attached hereto as Exhibit A. Plaintiff reserves the right to supplement this response prior to the Master's hearing. 2 3 Expert Witnesses - Plaintiff does not anticipate calling any expert witnesses. Witnesses (i) Plaintiff, Amy Silva; (ii) Defendant (as on cross); (iii) Plaintiff reserves the right to supplement this list as necessary prior to the Master's Hearing. 4. List of Exhibits: Defendant intends to introduce documentation including, but not limited to the following: (a) Bank account statements at time of separation; (b) Blue Book values for vehicle; (c) Information from Vanguard regarding value of Plaintiff's IRA; (d) Information regarding Defendant's retirement account which he liquidated; (e) Relevant Tax Returns of the parties; (f) Personal Property valuation; (g) Plaintiff's income and expense statement; (h) Plaintiff's paystubs; (i) PFA Order; 0) Custody Order; (k) Plaintiff reserves the right to supplement this list prior to the Master's Hearing; 5. Gross Income and Net Income - Plaintiff is 41 years old (d.o.b. 12/17/67) and currently works for the Capital Area Intermediate Unit. She began working for this employer in August of 2007. Her current gross income is approximately $45,000.00 per year. Defendant is 42 years old (d.o.b. 6/24/66) and is currently employed by Wood and Myers, oral surgeons. His current income is unknown. 6. Expenses - Plaintiff will file a formal income and expense statement. Plaintiff reserves the right to supplement this response prior to the Master's Hearing. 2 7. Valuation of Pension or Retirement Benefits Martial Portion Thereof and Supporting Documentation - Plaintiff has one IRA that will not need to be valued. Plaintiff has a pension through PSERS that began subsequent to separation. 8. Valuation of Personal Property - No formal valuation has been conducted. If the parties cannot stipulate to the value of the personal property, an appraisal will be necessary. 9. Martial Debts - See Exhibit A, attached hereto. 10. Issues for Resolution - Divorce, Equitable Distribution. 11. Estimated Length of Trial: One Half day. Respectfully submi NESTICO, DR By: Date: 1-' 11i'-D Richard B. Druby, squir Attorney I.D. No. 6 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Attorney for the Plaintiff 3 L.L.P. M,-Od %oc ®0319A?3 S31H3SOOA08 EXHIBIT A Item No. Real Estate 1. Vehicles, etc. 2. NONE Names ofAll Owners Value 1999 Chevrolet Life Insurance 3. NONE (term only) Joint Bank Accounts 4. Closed in 2007 Personal Property 5. Husband RetiremenVInvestments 6. Previously li Wife Retirement/ Investments 7. Vanguard IRA Wife Joint Joint Husband Wife TBD TBD TBD $70,000.00 $17,000.00 MARITAL DEBT The parties filed Chapter 13 ban] ptcy on March 7, 2007. The parties have a payment plan under the bankruptcy of $220.00/mo. over a six (6) year period. Plaintiff has been solely making those payments. Plaintiff will seek a credit for :hose amounts paid which are the responsibility of the Defendant. !gERTIFICATE OF SERVICE I, Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the IId' day of May, 2009, a copy of the foregoing 4 document was served via First Cl?ss Mail, postage prepaid to the following: Christopher Silva X3022 Harvard Avenue Camp Hill PA 17011 BLEED-4 ?,FIPE OF THE M7i:!-,'C'OTARY 2009 MAY ! 1 Pil ? - 0a RICHARD B. DRUBY, ESQUIRE PA Attorney I.D. No. 61904 Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdrubv@,hersheypalaw.com Attorneys for Plaintiff AMY L. SILVA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 08-7358 CHRISTOPHER R. SILVA, Defendant CIVIL ACTION-DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on March 5, 2007 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit 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: 23 - 09 r Amy Silva, P intiff FjLEQ--ot:FICE OF THE PPOTHC OTARY 2089 JUL 2a PM 2: 32 PENNSYLVANIA. AMY L. SILVA IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 08-7358 CHRISTOPHER R. SILVA, Defendant CIVIL ACTION-DIVORCE REQUEST FOR ECONOMIC RELIEF I, Christopher Silva, do hereby respectfully request economic relief. I request an equitable portion of the marital estate and possession of all of my articles of personal property. Respectfully Submitted: Christ her R. Silva Pro-Se F H RP ""' wt 'rARY 2009 AUG 31 A It: 20 ri Cu a/ RICHARD B. DRUBY. F1,Q[ARE PA Attorney I.D. No. 61904 Nestico, Druby & Hildabrand. LLP 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdrub hersheypalaw.com Attorneys for Plaintiff AMY L. SILVA, Plaintiff V. CHRISTOPHER R. SILVA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 08-7358 : CIVIL ACTION-DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF & 3301(d) DIVORCE DECREE TO: Christopher Silva You have been sued in an action in divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore on or after August 31, 2009, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 MY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 NORTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 OF AMY L. SILVA, Plaintiff V. CHRISTOPHER R. SILVA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 08-7358 : CIVIL ACTION-DIVORCE COUNTER-AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (I), (ii), or both) (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5( (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce I Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S 4904, relating to unworn falsification to authorities. Date: $ 177 a 9 NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. OF I-. ? 1-1- AMY L. SILVA, Plaintiff CHRISTOPHER R. SILVA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.08-7358 : CIVIL ACTION-DIVORCE PRAECIPE TO WITHDRAW EQUITABLE DISTRIBUTION CLAIM TO THE PROTHONOTARY: Kindly withdraw the claim made by Plaintiff for equitable distribution in the above matter. Date: O Respectfully submitted, NESTICO, DRUBY By: Zchard B. Druby / Attorney I.D. No. l_904/ 840 E. Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Telephone Attorneys for Plaintiff LLP QE THE Pr R,7H()?lo, [ARY 2009 SLEP -3 PM 2: 32 Ct;?V:yJ ? ??w4 ?Y AMY L. SILVA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 08-7358 CHRISTOPHER R. SILVA, Defendant CIVIL ACTION-DIVORCE PETITION TO REVOKE APPOINTMENT OF MASTER AND NOW, comes Plaintiff, Amy L. Silva, by and through her attorneys, NESTICO, DRUBY & HILDABRAND, LLP and files this Petition to Revoke Appointment of Master and in support thereof avers as follows: 1. Petitioner is Amy L. Silva, an adult individual who currently resides at 257 North 24th Street, Camp Hill, PA 17011. 2. Respondent is Christopher R. Silva, an adult individual who currently resides in Woodstock, Vermont 04091. 3. E. Robert Elicker, Esquire, was appointed in the above-captioned action in divorce on or about March 30, 2009. 4. On, August 10, 2009, Christopher Silva was personally served with the affidavit required by § 3301(d) of the Divorce Code, which he failed to respond to in the allowable time period. 5. On September 3, 2009, Petitioner filed a Praecipe to Withdraw her claims for Equitable Distribution. 6. Therefore, the services of the Master are no longer necessary. WHEREFORE, Petitioner, Amy L. Silva, respectfully requests this Honorable Court to revoke the appointment of E. Robert Elicker, Esquire, as Master in the above captioned case. Respectfully Submi NESTICO„DIRUBY& HQLDABRAND, LLP By: Ri and B. Druby Attorney I.D. No. 61904 840 E. Chocolate Avenue Hershey, PA 17033 py , q?dQ (717) 533-5406 Telephone Date: _r Q I Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the 8`h day of September, 2009, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Christopher Silva P.O. Box 493 Woodstock, VT 0409 7 B. Druby, Esquire OF THE 2009 SEP -9 Phi 2: 20 rct 4 ; 'rV1 Yl"?i VI.? SEP 10 2009y /J v AMY L. SILVA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 08-7358 CHRISTOPHER R. SILVA, Defendant CIVIL ACTION-DIVORCE ORDER AND NOW, this _ day of , 2009, upon review and consideration of the attached Petition to Revoke Appointment of Master, IT IS HEREBY ORDERED AND DECREED that the appointment of E. Robert Elicker, Esquire as Master in the above-captioned case is hereby revoked. Distribution: &-'Mchard B. Druby, Esquire, 840 East Chocolate Avenue, Hershey, PA 17033 ./Christopher Silva, P.O. Box 493, Woodstock, VT 04091 E. Robert Elicker, Esquire, 9 North Hanover Street, Carlisle, PA 17013 efS YYL??.? 917A OF THE Plr7,; ?-,,"NeIOTARY 2009 SEP 14 AM 11 .4 7 PE, C) AMY L. SILVA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-7358 CHRISTOPHER R. SILVA, Defendant CIVIL ACTION-DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable Breakdown and two year separation under §3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, return receipt requested, postage paid to Defendant on December 19, 2008. Affidavit of Service filed January 13, 2009. 3. Date of execution of the affidavit required by § 3301(d) of the Divorce Code: Execution by Plaintiff on June 23, 2009. Date of filing of Affidavit executed by Plaintiff, July 14, 2009. Date Affidavit was served via hand delivery on Respondent, August 10, 2009. 4. Related Claims pending: None. 5. Date and Manner of Service cif the Notice of Intention to file Praecipe, a cop.` of which is attached as Exhibit A: August 10. 2009, via hand delivery. Affidavit of service is attached hereto. Respectfully submitted, Date: NESTICO, DRUBY LDABRAND, LLP By: Richard B. DrubyV04 Attorney I.D. No. 840 E. Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Telephone Attorneys for Plaintiff G ??'"'? ? RICHARD B. DRUBl'. !..-tA"IRE P: Attorney I.D. No. 61 Wh- N stico, Drub,, & Hildabrand. LLP 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdruby(iThershevpalaw.corn Attorneys for Plaintiff AMY L. SILVA, Plaintiff V. CHRISTOPHER R. SILVA. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : DOCKET NO. 08-7358 CIVIL ACTION-DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF & 3301(d) DIVORCE DECREE TO: Christopher Silva You have been sued in an action in divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore on or after August 31, 2009, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 MY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 NORTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 RETURN OF SERVICE On the 1 0 ?k Ddv or /? v C v S T 20 2 cl ;erg ed C (`} V t S TG ptN ;Z\Z S 1 L V P- INdme of Person Served! with the foregoing subpoena by: IDescnbe method of Service) 1 ti( V Lam. S 1-1- I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 19 PA. C.S.A. Sec. 4904 relating to unsworn falsification to authorities. Date: (Signature) 17, r, ALEtXVFICE OF THE PrOTHONOTARY STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT 2010 FEB -8 PM 2: 35 cutk- r'pi l I&YI `Jr vA AMY L. SILVA, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER R. SILVA, Defendant CIVIL ACTION - LAW : NO. 2008 - 7358 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the defendant, Christopher R. Silva, by his attorney, Stacy B. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The defendant/petitioner is Christopher R. Silva, an adult individual with a mailing address of P.O. Box 493, Woodstock, Vermont 05091. 2. The plaintiff/respondent is Amy L. Silva, an adult individual residing at 257 N. 24`k' Street, Camp Hill, Pennsylvania 17011. 3. The parties are the natural parents of two minor children, namely: Name Madeline Silva Christopher Silva' Present Residence 257 N. 24t` Street Camp Hill, PA 17011 same Age 14 years D.O.B. 5/12/95 11 years D.O.B. 8/8/98 1 The child's name was incorrectly stated as Reid Silva in the Custody Count of Plaintiff's Divorce Complaint filed on December 18, 2008. The child's legal name is Christopher Silva. 70.00 Pd. a4 eh -;e ') ?eg' A?-g ?- 3?'3 ?? 4. The children are presently the subject of an Order for Custody issued May 5, 2009, providing for sole legal custody and primary physical custody of the children with Mother and periods of supervised visitation of the children with Father as agreed by the parties. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit A. 5. Father seeks a modification of custody pertaining to Madeline and Christopher based upon the fact that he was never served with the April 1, 2009 Order scheduling a custody conciliation conference for April 30, 2009 and as a result, had no knowledge of and was not present at the conference that occurred on April 30, 2009 and thus, was not able to assert his position concerning custody of his children. 6. Further, Father seeks a modification of custody due to the fact that despite repeated attempts to arrange for Father to have visitation of his children, including a request to have the children over the 2009 Christmas holiday and a request again to have the children for a period of time after the Christmas holiday, all such attempts have been ignored or denied and Father has not been permitted to see his children for more than one year, since December 9, 2008. 7. Father and Mother have shared care giving responsibilities for the children for the majority of the children's lives. 8. Up until December of 2008, when Mother began completely denying Father any visitation with his children, Father had an excellent relationship with his children, was involved in every aspect of their lives including academics, athletics, and personal and moral development, and shared a very strong bond with them. 9. Mother has sought to alienate Madeline and Christopher from the love and affection of their Father as well as to impede Father's periods of physical custody with them. 10. Father avers that the basis for his actions concerning his children are solely motivated by his concern for the children's best interests and permanent welfare. 11. Father believes and therefore avers that it would be in the best interests of the children for the Court to issue an order granting him unsupervised periods of partial physical custody on a regular schedule, alternating holidays, and regular telephone contact when the children are in Mother's custody. WHEREFORE, Defendant Christopher R. Silva, prays this Honorable Court enter an Order granting partial physical custody of Madeline and Christopher to Father, and any other relief the Court deems appropriate. Respectfully submitted, Dated: February Y-, 2010 Wolf & Wolf By: fl-) 14 Stacy B. olf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned, do hereby verify that I am the defendant in this action and that the facts set forth in this petition are true and correct to the best of my information knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Zo ( 0 C? 1 Chris to her R. Silva STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMY L. SILVA, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER R. SILVA, Defendant CIVIL ACTION - LAW : NO. 2008 - 7358 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of the foregoing Petition for Modification on the following parry on this date and in the manner indicated. SERVICE BY FIRST CLASS MAIL: Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Avenue Hershey, PA 17033 Date: February Z-, 2010 i Stacy B. lf, Esquire Attorney r Defendant V AMY L. SILVA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER R. SILVA DEFENDANT 2008-7358 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 12, 2010 _ 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 Monday, March 22, 2010 at 9:30 AM fora Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Jacqueline M. Verney, Esq? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of' 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE. SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2010 FEB 16 Pei 12- GO f MAR 2 5 2010 AMY L. SILVA, Plaintiff/Respondent V. CHRISTOPHER R. SILVA, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2008-7358 CIVIL ACTION NO - LAQ . 71 . ` !1 ORDER OF COURT z .. ? cam: AND NOW, this _ ? day of 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 5 , of the Cumberland County Court House, on the o?? V° day of , 2010, at ?• YS o'clock, A . M., at which time testimony will bet en. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated May 5, 2009 shall remain in full force and effect with the following modifications. 3. Father shall have telephone contact with the children on Tuesday, March 23, 2010 with each child for five minutes or longer, if the child desires. Mother or the children shall initiate the telephone call at 6:00 p.m. 4. Mother shall contact a therapist for possible therapeutic family counseling between Father and children for reunification purposes, with a counselor agreed to by the parties. Father shall be responsible for any co-pay for the therapy. In the event that therapeutic family counseling does not begin within 30 days, then beginning Tuesday, April 27, 2010, Father shall have telephone calls with the children for five minutes or longer, if the child desires on alternating Tuesdays at 6:00 p.m. Mother or the children shall initiate the calls. 5. Neither parry shall do, or permit a third party to do, or say anything that would 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. IN CUSTODY d x? 1 V 7 6. 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: cy B. Wolf, Esquire, counsel for Father Richard B. Druby, Esquire, counsel for Mother CD tis n'a,'.Lf?L 3 /ag fib ?r? AMY L. SILVA, Plaintiff/Respondent V. CHRISTOPHER R. SILVA, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7358 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Madeline Silva May 12, 1995 Mother Christopher Silva August 8, 1998 Mother 2. A Conciliation Conference was held March 23, 2010 with the following individuals in attendance: The Father, Christopher Silva, with his counsel, Stacy B. Wolf, Esquire, and the Mother, Amy L. Silva, with her counsel, Richard B. Druby, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated May 5, 2009 providing for Mother to have sole legal custody and primary physical custody, with Father having periods of supervised visitation provided he was active in his mental health treatment and taking his medication. 4. Father filed a Petition for Modification. Father is seeking shared legal custody and periods of partial physical custody. Father asserts that his mental health is stable, that he is seeing a therapist and taking his medication. He maintains that Mother has alienated the children against him. He further alleges that Mother has thwarted his efforts to have contact with the children for the last 15 months. He claims that Mother has a borderline personality and has had two mental health in-patient stays. He further asserts that his family members could supervise visitation, but Mother does not trust any of his family members claiming they has drug and alcohol issues. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She maintains that the children are afraid of Father and do not wish to have contact with him due to his erratic behavior in the past. Mother does not trust Father's family members to be appropriate supervisors due to their drug and alcohol issues. Mother is willing to begin telephone contact and to look into reunification therapeutic services. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing Mother's sole legal and primary physical custody and granting Father telephone contact and therapeutic family counseling. It is expected that the Hearing will require one day. r Date cq ine M. Verney, Esquire Custody Conciliator "J4 IP' ? 12: 3 7 STACY B. WOLF, ESQUIRE 2010 ATTORNEY ID NO. 88732 WOLF & WOLF CilictFi ?.,,i, 10 WEST HIGH STREET CARLISLE PA 17013 r (717) 241-4436 ATTORNEY FOR DEFENDANT AMY L. SILVA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHRISTOPHER R. SILVA, : NO. 2008 - 7358 CIVIL TERM Defendant : IN CUSTODY OBJECTIONS TO SUBPOENA PURSUANT TO PA.R.C.P. 4009.21 The Defendant, Christopher R. Silva, by his attorney, Stacy B. Wolf, Esquire, objects to the proposed subpoena that is attached to these objections for the following reasons: the medical information sought is of a highly private and personal nature, is privileged, and is irrelevant to this cause of action. Respectfully submitted, Dated: May -0-)2010 Wolf Wolf By: - ZLI Stacy B olf, Esquire 10 West igh Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMY L. SILVA, Plaintiff v. File No. 2008-7358 CHRISTOPHER R. SILVA, Defendant SUSPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Holy Spirit Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attached. at 840 East Chocolate Avenue, Hershey, PA 17033 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Richard B. Druby, Esquire Address:840 East Chocolate Avenue Hershey, PA 17033 Telephone: 717-533-5406 Supreme Court ID # 61 904 Plaintiff, Amy L. Silva Attorney For: BY THE COURT: Prothonotary/Clerk, Civil Division Date: Saal of the Court Deputy AMY L. SILVA, Plaintiff V. CHRISTOPHER R. SILVA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7358 : CIVIL ACTION-DIVORCE/CUSTODY ATTACHMENT TO SUBPOENA TO PRODUCE DOCUMENTS AND THINGS To: Holy Spirit Hospital 503 N. 21St Street Camp Hill, PA 17011 Please take further notice that you are requested to produce copies of the following documents and following tangible things in the possession, custody or control of you, which relate to the above listed matters of inquiry: All treating of Christopher R. Silva in your possession and control from from January 1, 2007 to the present. The records should include, but not be limited to, records of all hospitalizations, all charts, test results, reports, office notes, ER reports, x-ray reports, therapy, psychological, psychiatric, and other testing result reports as well as diagnostic reports. STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMY L. SILVA, V. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW CHRISTOPHER R. SILVA, : NO. 2008 - 7358 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of the foregoing Objections to Subpoena Pursuant to Pa.R.C.P. 4009.21 on the following party on this date and in the manner indicated. SERVICE BY FIRST CLASS MAIL: Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Avenue Hershey, PA 17033 Date: May, 2010 Stacy B. W , Esquire ' Attorney for Defendant RICHARD B. DRUBY, ESQUIRE PA Attorney I.D. No. 61904 Nestico, Druby & Hildabrand, P.C. 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdruby_@hersheypalaw.com Attorney for Plaintiff t'i i ) L 4 2010 H3 i -7 AMY L. SILVA, Plaintiff/Movant V. CHRISTOPHER R. SILVA, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7358 CIVIL ACTION-DIVORCE/CUSTODY A CONTINUANCE OF THE CUSTODY HEARING Plaintiff, Amy L. Silva, by and through her counsel, Nestico, Druby & Hildabrand, P.C., moves to compel Defendant Christopher R. Silva to sign an authorization for release of his medical records, to overrule any objections to a subpoena directed to Holy Spirit Hospital, and for a continuance of the custody hearing, and avers as follows: 1. The Movant is the Plaintiff Amy L. Silva (hereinafter "Mother") 2. The Respondent is the Defendant Christopher R. Silva (hereinafter "Father"). 3. The parties are the parents of Madeline Silva, age 14 (d.o.b. 5/12/1995), and Reid Silva, age 11 (d.o.b. 8/8/1998). 4. On or about May 5, 2009, an Order for Custody was entered providing that Mother has sole legal custody of the children and primary physical custody of the children subject to Father's periods of supervised visitation with the children as agreed by the parties. 5. The Order further provided that Father's periods of supervised visitation would only occur "provided he is in active mental health treatment and taking his prescribed medication." See Order of May 5, 2009. 6. On February 8, 2010, Father filed a Petition for Modification of the May 5, 2009 Order for Custody. 7. A custody hearing is scheduled in this matter for May 21, 2010, before the Honorable Albert H. Masland. 8. Among the issues to be heard at the custody hearing and that are relevant to the issue of the best interests of the children are Father's significant diagnosed mental and emotional problems, his erratic and unpredictable behavior, his hospitalization for treatment, his failure to follow medical advice, and his previous threats of suicide. 9. As a result of Father's mental and emotional problems, he was hospitalized in New Hampshire at Dartmouth College of Medicine, Mary Hitchcock Memorial Hospital and in Pennsylvania at Holy Spirit Hospital in Camp Hill. 10. In accordance with C.C.R.P. 208.3(a)(9), Mother's counsel sought the concurrence of Father's counsel with respect to the filing of this Motion, and Father does not concur to the filing of this Motion. MOTION TO COMPEL FATHER TO EXECUTE MEDICAL AUTHORIZATION 11. The foregoing paragraphs are hereby incorporated by reference as if fully set forth herein. 2 12. On April 23, 2010, Mother, through counsel, requested that Father sign a medical authorization so that Mother could obtain Father's medical records from his hospitalization at Dartmouth College of Medicine, Mary Hitchcock Memorial Hospital. True and correct copies of Mother's counsel's April 23, 2010 letter and the medical authorization are attached hereto as "Exhibit A" and incorporated by reference. 13. To date, Father has failed and refused sign the medical authorization. 14. Father asserts that his medical records are privileged and confidential. 15. Father has petitioned for partial physical custody of the children, thereby raising an issue with respect to his medical condition, particularly his mental and emotional condition. 16. Information from Dartmouth College of Medicine, Mary Hitchcock Memorial Hospital pertaining to his mental and emotional problems is relevant to this Court's determination regarding Father's ability to exercise legal and physical custody of the children. 17. A proper determination of the best interests of the children outweighs any of Father's concerns pertaining to privilege and confidentiality. 18. Mother requests that Father be ordered to sign the medical authorization. WHEREFORE, Plaintiff/Movant Amy L. Silva respectfully requests your Honorable Court to issue an Order requiring Defendant Christopher R. Silva to execute the medical authorization for Dartmouth College of Medicine, Mary Hitchcock Memorial Hospital within five (5) days of this Court's Order. 3 MOTION TO OVERRULE OBJECTIONS TO SUBPOENA 19. The foregoing paragraphs are hereby incorporated by reference as if fully set forth herein. 20. On April 23, 2010, Mother served a Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Pa.R.C.P. 4009.2.1 to obtain Father's medical records from Holy Spirit. A true and correct copy of the Notice of Intent is attached hereto as "Exhibit B" and incorporated by reference. 21. Father objects to the service of the Subpoena on the basis that his medical records are privileged and confidential. See Objections attached hereto as "Exhibit C." 22. Father has petitioned for partial physical custody of the children, thereby raising an issue with respect to his medical condition, particularly his mental and emotional condition. 23. Information from Holy Spirit Hospital pertaining to his mental and emotional problems is relevant to this Court's determination regarding Father's ability to exercise legal and physical custody of the children. 24. A proper determination of the best interests of the children outweighs any of Father's concerns pertaining to privilege and confidentiality. 25. Mother requests that Father's objections to the Subpoena be overruled. WHEREFORE, Plaintiff/Movant Amy L. Silva respectfully requests your Honorable Court to overrule Father's objections to the Subpoena and to issue an Order authorizing her to serve the Subpoena on Holy Spirit Hospital. 4 MOTION FOR CONTINUANCE OF CUSTODY HEARING 26. The foregoing paragraphs are hereby incorporated by reference as if fully set forth herein. 27. A custody hearing is scheduled in this matter for May 21, 2010. 28. Mother will not have adequate time to obtain and review Father's medical records prior to the custody hearing. 29. As set forth above, Father's medical records are relevant to the Court's determination of the best interests of the children. 30. Mother requests that the custody hearing be continued so that she can obtain and review Father's medical records prior to the hearing. WHEREFORE, Plaintiff/Movant Amy L. Silva respectfully requests your Honorable Court to continue the custody hearing until she has obtained Father's medical records. Respectfully NESTICO, By: ' chard B. Druby Attorney I.D. No. 840 East Chocolate Avenue Hershey, Pennsylvania 17033 Tel: (717) 533-5406 Fax: (717) 533-5717 Attorney for Plaintiff/Movant Dated: May 7, 2010 P.C. 5 ND HSTICO, DRUBY & KDABU D, LLP ATTORNEYS AT LAW 840 East Chocolate Avenue, Hershey, PA 17033 Phone (717) 533-5406 Fax (717) 533-5717 www.hersheypalaw.com April 23, 2010 Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Re: Amy Silva Y. Christopher Silva Cumberland County No. 2008-7358 Dear Attorney Wolf: Enclosed please find a Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 for the subpoena I plan to serve upon Holy Spirit Hospital. I have also enclose a Medical Authorization that I ask that Mr. Silva sign so that we may obtain his medical records from Vermont. In the event we do not received the signed Medical Authorization on or before April 30, 2010, we will have no choice but to file a motion to compel his signature. If you have any questions or concerns, please do not hesitate to contact me. r Very truly yours, f NESTICO, DRUBY By: Enclosure & HILDABRAND, L.L.P cc: Amy Silva MEDICAL AUTHORIZATION TO: Dartmouth College of Medicine Mary Hitchcock Memorial Hospital Re: Christopher R, Silva AND ANY OTHER physician, hospital, clinic or medical care provider, presently unknown to me, who may have or subsequently acquires information concerning my physical condition. YOU ARE HEREBY AUTHORIZED to give to Nestico & Druby, L.L.P., 840 East Chocolate Avenue, Hershey, PA, 17033, and/or any record copy service acting on the behalf or on behalf of either of them all information, facts and particulars, including reports, records, charts, test results, results of diagnostic tests, x-rays and statements of charges which may be requested regarding my medical condition, psychological condition, psychiatric condition, diagnosis, treatment rendered, prognosis, estimates of disability or recommendations for future treatment and to furnish them copies of such report. You are further authorized to allow any physician appointed bythem to review all such reports, records and x-rays in your possession. I am willing that a photostatic copy of this authorization be !accepted with the same authority as the original. Date: Christopher R. Silva RICHARD B. DRUBY, ESQUIRE PA Attorney I.D. No. 61904 Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdrubvna.hersheypalaw.com Attorney for Plaintiff AMY L. SILVA, Plaintiff V. CHRISTOPHER R. SILVA, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7358 : CIVIL ACTION-DIVORCE/'CUSTODY NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA. R.C.P. 4009.2.1 The Plaintiff Amy L. Silva, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, NESTICO, DRUBY & HILD. s 1 By: 1 - Richdrd 1..g?b y Attor ney 840 East Chocola enue Hershey, Pennsylvania 17033 Tel: (717) 533-5406 Fax: (717) 533-5717 Attorney for Plaintiff LLP Dated: April 23, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMY L. SILVA, Plaintiff V. File No. 2008-7358 CHRISTOPHER R. SILVA, ' Defendant SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Holy Spirit Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attached. at 840 East Chocolate Avenue, Hershey, PA 17033 (Address) You may deliveror mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOL_ OWING PERSON: Name Ridhard B. Druby, Esquire 840 East Chocolate Avenue t Address: Hershey, PA 17033 Telephone: 717-533-5406 Supreme Court ID # 61904 Attorney For: Plaintiff, Amy L. Silva BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of tho Court . Deputy _- IFff 7/471 - AMY L. SILVA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 2008-7358 CHRISTOPHER R. SILVA, Defendant CIVIL ACTION-DIVORCE/CUSTODY ATTACHMENT TO SUBPOENA TO PRODUCE DOCUMENTS AND THINGS To: Holy Spirit Hospital 503 N. 21"4 Street Camp Hill, PA 17011 Please take further notice that you are requested to produce copies of the following documents and following tangible things in the possession, custody or control of you, which relate to the above listed matters of inquiry: All treating of Christopher R. Silva in your possession and control from from January 1, 2007 to the present. The records should include, but not be limited to, records of all hospitalizations, all charts, test results, reports, office notes, ER reports, x-ray reports, therapy, psychological, psychiatric, and other testing result reports as well as diagnostic reports. iE iE T 3 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT jr.' r; 7 14p- ?FY; - AMY L. SILVA, Plaintiff V. CHRISTOPHER R. SILVA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 7358 CIVIL TERM IN CUSTODY OBJECTIONS TO SUBPOENA PURSUANT TO PA.R.C.P. 4009.21 The Defendant, Christopher R. Silva, by his attorney, Stacy B. Wolf, Esquire, objects to the proposed subpoena that is attached to these objections for the following reasons: the medical information sought is of a highly private and personal nature, is privileged, and is irrelevant to this cause of action. Respectfully submitted, Dated: May 1, 2010 Wolf Wolf i r• By: '6' Stacy B olf, Esquire 10 West`f4igh Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMY L. SILVA, Plaintiff V. File No. 2008-7358 CHRISTOPHER R. SILVA, Defendant SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See Attached. at 840 East Chocolate Avenue, Hershey, PA 17033 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Richard B. Druby, Esquire Address:840 East Chocolate Avenue Hershey, PA 17033 Telephone: 71 7-533-5406 Supreme Court ID # 61904 Attorney For: Plaintiff, Amy L. Silva BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy AMY L. SILVA, Plaintiff V. CHRISTOPHER R. SILVA, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2008-7358 : CIVIL ACTION-DIVORCE/CUSTODY ATTACHMENT TO SUBPOENA TO PRODUCE DOCUMENTS AND THINGS To: Holy Spirit Hospital 503 N. 21" Street Camp Hill, PA 17011 Please take further notice that you are requested to produce copies of the following documents and following tangible things in the possession, custody or control of you, which relate to the above listed matters of inquiry: All treating of Christopher R. Silva in your possession and control from from January 1, 2007 to the present. The records should include, but not be limited to, records of all hospitalizations, all charts, test results, reports, office notes, ER reports, x-ray reports, therapy, psychological, psychiatric, and other testing result reports as well as diagnostic reports. STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMY L. SILVA, V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW CHRISTOPHER R. SILVA, : NO. 2008 - 7358 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of the foregoing Objections to Subpoena Pursuant to Pa.R.C.P. 4009.21 on the following party on this date and in the manner indicated. SERVICE BY FIRST CLASS MAIL: Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Avenue Hershey, PA 17033 Date: May ./?', 2010 Stacy B. WA k, Esquire Attorney for Defendant CERTIFICATE OF SERVICE I, Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the 7 h day of May, 2010, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17011 Attorney for Defendant OF ARY N STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT 2018 MAY i 1 FPM 1: 42 ?M? Ni LMr7i??A AMY L. SILVA, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER R. SILVA, Defendant : CIVIL ACTION - LAW : NO. 2008 - 7358 CIVIL TERM : IN CUSTODY ANSWER TO PLAINTIFF'S MOTION TO COMPEL DEFENDANT TO EXECUTE MEDICAL AUTHORIZATION, TO OVERRULE OBJECTIONS TO SUBPOENA, AND FOR A CONTINUANCE OF THE CUSTODY HEARING AND NOW comes the defendant, Christopher R. Silva, by and through his attorney, Stacy B. Wolf, Esquire, and responds to the plaintiffs motion as follows: Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that the parties are the parents of Madeline Silva, age 14 (DOB 5/12/1995). It is denied that the parties are the natural parents of Reid Silva. To the contrary, the parties are the natural parents of Christopher Silva, age 11 (DOB 8/8/1998). 4. Admitted. By way of further response, this Order was only entered following a custody conciliation conference without Father's presence; Father was never served with the April 1, 2009 Order scheduling a custody conciliation conference for April 30, 2009 and as a result, had no knowledge of and was not present at the conference that occurred on April 30, 2009 and thus, was not able to assert his position concerning custody of his children. Admitted. By way of further response, this provision in the Order was made at the request of Mother at the custody conciliation conference in the absence of Father; Father was never served with the April 1, 2009 Order scheduling a custody conciliation conference for April 30, 2009 and as a result, had no knowledge of and was not present at the conference that occurred on April 30, 2009 and thus, was not able to assert his position concerning custody of his children. 6. Admitted. 7. Admitted. 8. Denied. To the contrary, any information regarding medical conditions of Father contained within the medical records Mother is seeking from the past is not relevant to the issue of whether Father should be granted unsupervised periods of partial physical custody on a regular schedule, alternating holidays, and regular telephone contact with his children. Denied. To the contrary, any information regarding hospitalization of Father contained within the medical records Mother is seeking from the past is not relevant to the issue of whether Father should be granted unsupervised periods of partial physical custody on a regular schedule, alternating holidays, and regular telephone contact with his children. 10. Admitted. By way of further response, Father strongly opposes the filing of this Motion. 11. No response is necessary. 12. Admitted. 13. Admitted. 14. Admitted. By way of further response, Father's medical records are of a highly private and personal nature, are irrelevant to this cause of action, Father has aright to privacy pursuant to 50 P.S. § 7111(a) of the Mental Health Procedures Act and 42 Pa.C.S. § 5944 of the judicial Code, and therefore, these medical records are not subject to disclosure. See Gates v. Gates, 967 A.2d 1024 (Pa. Super. 2009) (Superior Court held mother could not be compelled to disclose her confidential mental health records). 15. Denied. To the contrary, Father's petition for partial physical custody, filed only after an Order was entered without affording him an opportunity to be heard and permitting him only supervised visitation by agreement of the parties which has resulted in absolutely no visitation, does not raise an issue with respect to any medical condition, including any mental or emotional condition. By way of further response, Father obtained a letter from his current treating Psychologist, Moira Ripley, Psy.D., dated March 15, 2010, a copy of which was viewed by Mother's counsel at the March 23, 2010 conciliation conference with such letter stating Father "attends sessions faithfully and is fully engaged in treatment" and that she has "no concerns whatsoever about [Fatherf s emotional or behavioral stability, nor have I any concerns about his functioning as a parent." A true and correct copy of Dr. Moira Ripley's 3 /15 /10 letter is attached hereto as Exhibit "A". 16. Denied. To the contrary, information from Dartmouth College of Medicine, Mary Hitchcock Memorial Hospital pertaining to any psychological condition from more than three (3) years ago is irrelevant to this Court's determination regarding Father's ability to exercise legal and physical custody of his children. By way of further response, Father obtained a letter from his current treating Psychologist, Moira Ripley, Psy.D., dated March 15, 2010, a copy of which was viewed by Mother's attorney at the March 23, 2010 conciliation conference with such letter stating Father "attends sessions faithfully and is fully engaged in treatment" and that she has "no concerns whatsoever about Chris's emotional or behavioral stability, nor have I any concerns about his functioning as a parent." A true and correct copy of Dr. Moira Ripley's 3/15/10 letter is attached hereto as Exhibit "A". 17. Denied. To the contrary, Father's privileged and confidential medical records are not relevant to a determination of whether Father should be granted unsupervised periods of partial physical custody on a regular schedule, alternating holidays, and regular telephone contact with his children. By way of further response, it would be improper and a violation of 50 P.S. § 7111(a) of the Mental Health Procedures Act and 42 Pa.C.S. § 5944 of the judicial Code to compel Father to sign the medical authorization and disclose his medical records. 18. Denied. To the contrary, it would be improper and a violation of 50 P.S. § 7111(a) of the Mental Health Procedures Act and 42 Pa.C.S. § 5944 of the judicial Code to compel Father to sign the medical authorization. WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff's request to compel Defendant to execute the medical authorization for Dartmouth College of Medicine, Mary Hitchcock Memorial Hospital along with any additional relief the Court deems just. 19. No response is necessary. 20. Admitted. 21. Admitted. By way of further response, Father's medical records are of a highly private and personal nature, are irrelevant to this cause of action, Father has a right to privacy pursuant to 50 P.S. § 7111(a) of the Mental Health Procedures Act and 42 Pa.C.S. § 5944 of the judicial Code, and therefore, these medical records are not subject to disclosure. See Gates v. Gates, 967 A.2d 1024 (Pa. Super. 2009) (Superior Court held mother could not be compelled to disclose her confidential mental health records). 22. Denied. To the contrary, Father's petition for partial physical custody, filed only after an Order was entered without affording him an opportunity to be heard and permitting him only supervised visitation by agreement of the parties which has resulted in absolutely no visitation, does not raise an issue with respect to any medical condition, including any mental or emotional condition. By way of further response, Father obtained a letter from his current treating Psychologist, Moira Ripley, Psy.D., dated March 15,-2010, a copy of which was viewed by Mother's counsel at the March 23, 2010 conciliation conference with such letter stating Father "attends sessions faithfully and is fully engaged in treatment" and that she has "no concerns whatsoever about [Fatherf s emotional or behavioral stability, nor have I any concerns about his functioning as a parent." A true and correct copy of Dr. Moira Ripley's 3/15/10 letter is attached hereto as Exhibit "A". 23. Denied. To the contrary, any records from Holy Spirit Hospital from more than one and one-half (1 1/2) years ago is irrelevant to this Court's determination regarding whether Father should be granted partial physical custody. By way of further response, it would be improper and a violation of 50 P.S. § 7111(a) of the Mental Health Procedures Act and 42 Pa.C.S. § 5944 of the judicial Code to order Father's medical records to be released. 24. Denied. To the contrary, Father's privileged and confidential medical records are not relevant to a determination of whether Father should be granted unsupervised periods of partial physical custody on a regular schedule, alternating holidays, and regular telephone contact with his children. By way of further response, it would be improper and a violation of 50 P.S. § 7111(a) of the Mental Health Procedures Act and 42 Pa.C.S. § 5944 of the judicial Code to order Father's medical records to be released. 25. Denied. To the contrary, it would be improper and a violation of 50 P.S. § 7111(a) of the Mental Health Procedures Act and 42 Pa.C.S. § 5944 of the judicial Code to order Father's medical records to be released. WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiffs request to overrule Defendant's objections to the Subpoena, deny Plaintiff's request to issue an order authorizing Plaintiff to serve the Subpoena on Holy Spirit Hospital along with any additional relief the Court deems just. 26. No response is necessary. 27. Admitted. 28. Denied. To the contrary, because Mother is not entitled to Father's medical records, there is no reason for a continuance. 29. Denied. To the contrary, Father's medical records are irrelevant to a determination of whether Father should be granted partial physical custody and compelling the disclosure of such records would be improper and a violation of 50 P.S. ? 7111(a) of the Mental Health Procedures Act and 42 Pa.C.S. § 5944 of the judicial Code. 30. Denied. To the contrary, because Mother is not entitled to Father's medical records, there is no reason for a continuance. By way of further response, despite Father's Petition to Modify being filed February 8, 2010, a conciliation conference held on March 23, 2010, and an Order entered on March 29, 2010 scheduling a Hearing for May 21, 2010, Mother waited until April 23, 2010 to begin efforts to request Father's privileged records and seek an order compelling the release of Father's medical records which is sought to delay the proceedings in this matter, specifically the custody hearing scheduled for May 21, 2010 and any resulting modification of the current custody order and any issues can be disposed of by the Court during the May 21, 2010 Hearing. By way of further response, it is averred that this motion was filed because Father sought periods of partial custody which Mother opposes, therefore by delaying trial in this matter, Mother is able to maintain the status quo and continue the complete lack of any physical contact Father has with his children. WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff's request to continue the Custody Hearing in this matter along with any additional relief the Court deems just. Respectfully submitted, Wolf Wolf j? Dated: May , 2010 By: ?-? Stacy B. W# Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant Moira P. Ripley, Psy.D. CLINICAL PSYCHOLOGIST (NH #1076) • PSYCHOLOGIST DOCTORATE (VT #852) 1 Court Street, Suite 330 Lebanon, NH 03766 (603) 442-9393 79 S. Windsor Street So. Royalton, VT 05068 (802) 763-7575 March 15, 2010 To: Whom It May Concern Re: Chris Silva (DOB 06/24/66) Chris has been in weekly psychotherapy with me since December 3, 2009. Prior to this, he was a weekly client from 05/16/07 through 01116/08. He attends sessions faithfully and is fully engaged in treatment. I have no concerns whatsoever about Chris's emotional or behavioral stability, nor have I any concerns about his functioning as a parent. Respectfully, Moira P. Ripley, Psy.D. Licensed Clinical Psychologist STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMY L. SILVA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHRISTOPHER R. SILVA, : NO. 2008 - 7358 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of the foregoing Answer to Plaintiff's Motion on the following party on this date and in the manner indicated. SERVICE BY FIRST CLASS MAIL: Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Avenue Hershey, PA 17033 Date: May 1 / , 2010 Stacy B. Wo , Esquire Attorney fo efendar. AMY L. SILVA, PLAINTIFF V. CHRISTOPHER R. SILVA, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-7358 CIVIL TERM ORDER OF COURT AND NOW, this /'Z/t, day of May, 2010, upon consideration of plaintiff's motion to compel defendant to execute medical authorization, to overrule objections to subpoena, and for a continuance of the custody hearing, said motion IS DENIED. Defendant's mental health records, sought by plaintiff, are confidential under the Mental Health Procedure Act, 50 P.S. § 7111(a) as it was applied in a custody action by our Superior Court in Gates v. Gates, 967 A.2d 1024 (Pa. Super. 2009). Therefore, this matter will be heard on May 21, 2010 at 8:45 a.m. The court will hear testimony from the defendant, as the moving party, and then from plaintiff, after which, the court will meet with the children and counsel in chambers. The parties are advised not to apply any direct or subtle pressure on the children regarding their conversation with the court. The court will then determine what, if any, additional testimony is necessary and whether it will order any physical or mental examinations under Pa.R.C.P. No. 1915.8. By the Court, ? Y t 0 Cr% Albert H. Masland, J. h?- . A o N ? u Richard B. Druby, Esquire For Plaintiff tacy B. Wolf, Esquire For Defendant sal P S-1,44/10 -?27' ry) RICHARD B. DRUBY, ESQUIRE PA Attorney I.D. No. 61904 Nestico, Druby & Hildabrand, PC 840 East Chocolate Avenue Hershey, PA 17033 Tel: 717-533-5406 rdruby2hersheypalaw.com Attorney for Plaintiff/ Respondent CT?RjL.Ej;D-{ ;t ?F1-'E E ,r,' ,1(71' R 1010hA",Y 14 P T 48 Pc" Sy VA A AMY L. SILVA, Plaintiff/Respondent V. CHRISTOPHER R. SILVA, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7358 : CIVIL ACTION-DIVORCE/CUSTODY PLAINTIFF/RESPONDENT'S CUSTODY HEARING MEMORANDUM Plaintiff/Respondent (hereinafter "Mother") in compliance with this Honorable Court's Order of March 29, 2010, respectfully submits this Memorandum in advance of the Custody Hearing as follows: 1. MOTHER'S POSITION ON CUSTODY Mother understands that Defendant/Petitioner (hereinafter "Father") is seeking partial custody of the parties two minor children. Madeline Silva, age 15 (d.o.b 5/12/95), and Reid Silva, age 11 (d.o.b 8/8/98). Father is not seeking primary custody of the children. Mother also understands that, under normal circumstances, there should be no significant dispute regarding a father having periods of partial custody. However, this case does not represent the normal case. Mother has been the primary caretaker of the children since birth and the children currently reside with the Mother. The current Order of Custody provides that Mother has sole legal custody of the children and primary physical custody of the children subject to Father's periods of supervised visitation with the children as agreed by the parties. The Order further provided that Father's periods of supervised visitation would only occur "provided he is in active mental health treatment and taking his prescribed medication." See Order of May 5, 2009. 1 Father has significant diagnosed mental and emotional problems, has acted erratically and unpredictably, and has been hospitalized on two occasions for treatment for extended periods of time in 2007 and in September 2008, but has failed to follow medical advice. Father has made prior threats of suicide. Father also has a history of drug and alcohol abuse. His condition and behavior makes his having periods of custody not in the best interest of the minor children. Father has been incapable of making rational decisions. As an example, on August 25, 2008, Father left his residence in Pennsylvania in an attempt to make his way to Key West, Florida, as he explained to Mother "to live homelessly." He was subsequently hospitalized at Holy Spirit Hospital. Mother has attempted to obtain the records of Father's hospitalization at Holy Spirit Hospital and his hospitalization in New Hampshire but those efforts have been thwarted by Father under a claim of "privilege" and "relevance." Mother asserts that those records are extremely relevant to this Court's determination of the best interests of the minor children.2 His longstanding history of mental and emotional problems has significantly hampered his ability to relate to the children or the family as a whole. Father left Pennsylvania more than eighteen months 1 While Father claims that he was never served with notice of the prior custody conciliation, that assertion is untrue. The Prothonotary was provided with service envelopes for service of the Conciliation Order. At the time of the conciliation, Mother's counsel confirmed with the Prothonotary that the Order was served as it was not returned as undeliverable. It is interesting to note that Father waited nearly one-year after that Order to take any action on custody or raise any issues concerning the current custody order. 2 There is currently a Motion to Compel records and a Motion for Continuance filed by Mother which is pending before the Court. As Father's mental and emotional condition is a significant factor that must be weighed by the Court in rendering a decision in the best interest of the minor children, Plaintiff respectfully avers that that Motion must be granted. 2 ago and has not returned but a few times to the Central Pennsylvania area. While Father claims to be in active treatment for his condition, he refuses to provide Mother access to his treatment records and he has failed to provide any records of treatment himself. When he did return to the area in 2009, a one-year PFA Order was entered against Father on February 16, 2009 after a hearing before the Honorable Wesley Oler. Father was found in contempt of that Order by Judge Oler on August 18, 2009 and sentenced to nine (9) days to six (6) months in prison. More recently, Mother has learned of Father's habit of soliciting men, over the internet, for the purposes of doing drugs with them and having sex with them. It has also been discovered that Father has emailed or posted naked photos of himself for the purposes of soliciting men. Father has solicited men on on-line chat rooms. This behavior is not only extremely detrimental to the well-being of the children but may also endanger the physical well-being of the children should any of the men solicited by Father come the Father's residence to engage in the activities for which Father solicited them while the children are there. Mother believes that the children who are ages 15 and 11 are afraid of their father given his past behavior. The children are currently in therapeutic family counseling. Mother requests that the current Order remain in effect. II. PROPOSED WITNESSES AND SUMMARY OF THE SUBJECT MATTER OF THEIR ANTICIPATED TESTIMONY The following is a list of potential witnesses, some or all of whom may be called to testify: 3 A. Amy Silva Mother will testify as to all issues pertaining to custody, including, but not limited to, her background, the historical relationship of the parties, both parents' parenting abilities, Father's erratic and unpredictable behavior, the children's behavior and needs, the current custody arrangement, and the problems presented by Father's requested custody arrangement. B. Christopher Silva, as on cross Father will be cross-examined as to all issues pertaining to custody, including, but not limited to, his lack of interaction with the children, his significant diagnosed mental and emotional problems, erratic and unpredictable behavior, hospitalizations, failure to follow medical advice, and threats of suicide. C. Madeline Silva and Reid Silva It is anticipated that the children will address the relevant issues of custody during a conversation with the Judge in chambers. D. Ray Schreckengaust Mr. Schreckengaust is the neighbor of Mother and the children. He will testify about Mother's parenting abilities and the children's performance in school, sports, and socially. Mr. Schreckengaust will also testify about the parties' interactions and their interactions with the children as well as Father's erratic behavior. E. Susan Schreckengaust Ms. Schreckengaust is the wife of Ray Schreckengaust. She will testify about Mother's parenting abilities and the children's performance in school, sports, and socially. F. Gretchen Svitko Ms. Svitko is Mother's friend. She will testify about Mother's parenting abilities, Mother's interactions with the children, and the children's performance in school, sports, and socially. G. Drew Svitko Mr. Svitko is Gretchen Svitko's husband. He will testify about Mother's parenting abilities, Mother's interactions with the children, and the children's performance in school, sports, and socially. 4 H. Father Calvin Hoyt Father Calvin Hoyt is the pastor for Mother and the children. He will testify about Mother's parenting abilities and her interactions with the children. Additionally, Father Hoyt will testify about Father's psychological and emotional problems as well as his manipulative behavior. Further, Father Hoyt will offer testimony about Father's behavior when he was admitted at Holy Spirit Hospital. I. Kathy Giovanniello Ms. Giovanneillo is Mother's friend. She will testify about Mother's parenting abilities and her interactions with the children. J. Joseph Lippincott Mr. Lippincott is Mother's father and the children's grandfather. He will testify about the historical relationship of the parties, both parents' parenting abilities, Father's erratic and unpredictable behavior, and the children's behavior and needs. K. Scott Yobp Mr. Yobp is Mother's cousin. He will testify about Father's erratic and unpredictable behavior, including Father's threats of suicide. Mr. Yobp will also testify about Father's use of Mr. Yobp's computer for purposes of viewing homosexual pornography. Mr. Yobp also discovered Father's habit of soliciting men, over the internet, for the purposes of doing drugs with them and having sex with them. L. Cindi Freeman Ms. Freeman is a neighbor of Mother and the children. She will testify about Mother's parenting abilities, Mother's interactions with the children, and the children's performance in school, sports, and socially M. Tim O'Leary Mr. O'Leary is Mother's friend and Madeline's math tutor. He will testify about his interactions with Madeline. N. Vic Wadhawan Mr. Wadhawan is an EnCE certified computer forensic examiner. He has investigated a computer formerly used by Father and will testify about his findings. 5 O. Miles Bojanic Mr. Bojanic is Father's former co-worker. He will testify about Father's erratic and unpredictable behavior. P. Elaine Rissinger, Ed.D, LPC, NCC Dr. Rissigner is the children's therapist. She will testify about her counseling sessions with the children. Respectfully submi NESTICO, DRJJUX "ILDABRAAD, PC By: rarDruby rney I.D. No. 61 840 East Chocolate A Hershey, Pennsylvania 17033 Tel: (717) 533-5406 Fax: (717) 533-5717 Attorney for Plaintiff/Respondent Dated: May 14, 2010 6 CERTIFICATE OF SERVICE I, Bethany L. Schwarz, Legal Assistant to Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hildabrand, P.C., hereby certify that on the 14'h day of May, 2010, a copy of the foregoing document was sent via Fax and First Class U.S. Mail, postage paid, to the following: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 ethany ,Legal Assistant 7 AMY L. SILVA, PLAINTIFF V. CHRISTOPHER R. SILVA, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENASYWANIA c? ''Tl 08-7358 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2010, after hearing on May 21, 2010, which included in-camera interviews with the minor children, Madeline Piper Silva and Christopher Reid Silva, the court issues the following order: 1. The record shall remain open pending receipt of a custody evaluation, that shall be conducted by Dr. Arnold T. Shienvold, Ph.D. (hereinafter "evaluator"), after which additional testimony may be presented by the parties. 2. The evaluator shall make specific recommendations for legal and physical custody and shall state the specific reasons for his recommendations. 3. The parties shall participate fully with the evaluator on a timely basis, including scheduling appointments, paying promptly, participating in all sessions and in appropriate testing recommended by the evaluator and executing any reasonable consents relating to themselves and their children. 4. Both parties shall promptly cooperate to maximize the use of available insurance coverage, if any, and to notify the other party of the results. The plaintiff shall submit the costs to her insurance first. The cost of the unreimbursed portion of the evaluation shall preliminarily be allocated between the parties with the plaintiff paying 50% and the defendant paying 50% without prejudice to the ultimate apportionment of such costs by subsequent agreement of the parties or order of court. 5. The cost for the evaluator's time for depositions and/or testimony for hearing shall be allocated 50% to the plaintiff and 50% to the defendant. 6. The evaluator may consult with and/or interview any person the evaluator reasonably believes can provide relevant information, including other experts and/or fact witnesses. 7. If the evaluator determines that the services of a qualified professional (outside of the firm of Riegler, Shienvold & Associates) is essential to performing this evaluation, he shall inform counsel for the parties and seek court approval. 8. Subject to the applicable rules of evidence, the evaluator's file (including notes, exhibits, correspondence, test interpretations and, to the extent it is not a violation of copyright law or applicable professional rules, raw test data) shall promptly be made available to counsel for the parties. 9. Provided that the parties cooperate on a timely basis, the evaluator shall deliver his or her report to counsel for the parties, and to the court at least 30 days prior to the next scheduled hearing. The report shall not be filed of record. 10. Prior to and/or subsequent to the submission of the evaluator's written report, counsel for the parties shall not be permitted to communicate with the evaluator as to substantive issues, without the consent or direct participation of counsel for the other party. 11. If the report or any information from the evaluator is provided to the court, the evaluator shall be subject to cross examination by all counsel. 12. The evaluator shall be provided with a copy of this order. 13. The evaluator's report shall not be inappropriately disseminated. 14. Pending receipt of the evaluator's report and a continuation of the hearing on this matter, plaintiff shall continue to have sole legal custody and primary physical custody of the children. 15. In addition to cooperating fully with the aforesaid evaluation, the parties are directed to seek therapeutic family counseling between father and the children for reunification purposes. The parties, through counsel, shall agree on a counselor within 10 days of the issuance of this order. If they are unable to agree, counsel shall so notify the court and a counselor will be selected by the court. 16. The court notes that efforts to move towards reunification through phone calls on alternating Tuesdays have been unsuccessful. Nevertheless, faced with parties living at a great distance, with children unwilling at present to see their father and with allegations that cause the court to hesitate before forcing a physical reunification, the court directs that the calls continue as previously ordered until the court receives notice from either the therapeutic counselor or the custody evaluator that a better solution is available. Also, the court urges father and the children to begin written communications, which were suggested by the children. 17. A status conference via telephone will be held with the attorneys on Wednesday, July 7, 2010, at 3:30 p.m. FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN FINES, IMPRISONMENT OR OTHER SANCTIONS. By the Court, Albert H. Masland, J. ?- Richard B. For Amy L. Druby, Esquire Silva Stacy B. Wolf, Esquire For Christopher R. Silva Arnold T. Shienvold, Ph.D. 2151 Linglestown Road Suite 200 Harrisburg, PA 17110 sal rc rna t 1. AMY L. SILVA, PLAINTIFF V. CHRISTOPHER R. SILVA, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-7358 CIVIL TERM r? ORDER OF COURT AND NOW, this AaS day of June, 2010, the court being informed that the parties are unable to agree on a therapeutic family counselor for reunification purposes, the court selects Dr. Kristin Davin, the counselor requested by Christopher R. Silva, to be utilized for this purpose. The court further notes that because reunification is particularly important to Christopher R. Silva and because the counselor requested by Amy L. Silva would have been covered by her insurance, Christopher R. Silva shall be responsible for 100% of the cost of Dr. Davin's services. By the Court, 1 ;71 ::I? 46be 4Ma n d, J. 'Richard B. Druby, Esquire For Amy L. Silva Stacy B. Wolf, Esquire For Christopher R. Silva sal =? c AMY L. SILVA, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER R. SILVA, DEFENDANT 08-7358 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2010, the court being in receipt of communication from the therapeutic counselor, Dr. Kristin M. Davin, requesting her removal due to the "complexity of the issues," and the court having conducted a conference call with counsel, Richard B. Druby, Esquire, and Stacy B. Wolf, Esquire, a hearing is scheduled for the 1St day of October, 2010, at 2:00 p.m., for the purpose of taking testimony from Dr. Davin. It is in the interest of the court and the parties to determine more precisely the reasons for Dr. Davin's request in order to avoid a reoccurrence with any subsequently appointed therapeutic counselor. Dr. Davin may testify via telephone. If the parties are able to ascertain to their satisfaction the reasons for Dr. Davin's request through a conference call between counsel and Dr. Davin, and if they are similarly satisfied that a hearing will not be necessary, they are directed to notify the court immediately. The court will then appoint a new therapeutic counselor for reunification purposes, either by stipulation of the parties or through selecting a counselor from a list provided by the parties. = I By the Court:, „ ' ' L Albert H. Masland, J. r L11 o_ Richard B. For Amy L. Druby, Esquire Silva tacy B. Wolf, Esquire For Christopher R. Silva /ur. Kristin Davin 3920 Market Street Camp Hill, PA 17011 :saa 4/1 r?? v 'l r` -+ r ! d ?'R?, b 111.6 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMY L. SILVA, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER R. SILVA, Defendant : CIVIL ACTION - LAW NO. 2008 - 7358 CIVIL TERM IN CUSTODY MOTION TO REQUIRE APPEARANCE OF WITNESSES AND NOW comes the defendant, Christopher R. Silva, by his attorney, Stacy B. Wolf, Esquire, and presents the following motion to require appearance of witnesses, representing as follows: 1. Following a Custody Hearing, an Order was entered June 3, 2010 directing the parties to seek therapeutic family counseling for reunification purposes between Father, Christopher Silva, and the parties' children, Madeline and Christopher Reid Silva. 2. The June 3, 2010 Order further provided that only phone calls and written communication between Father and the children would be permitted until either the reunification therapist or the custody evaluator opined otherwise. 3. By Order dated June 22, 2010, Dr. Kristin Davin, the reunification therapist selected by Father, was appointed to serve as the reunification therapist. 4. The reunification process was progressing well until September 1, 2010 when Father received an email notification from Dr. Davin notifying him that she was uncomfortable continuing with the reunification process and would be specifically outlining her reasons why in a letter to both parties' counsel. A true and correct copy of Dr. Davin's email dated September 1, 2010 is attached hereto as Exhibit "A." 5. The undersigned has never received a letter from Dr. Davin nor any other communication specifically outlining her reasons why she is uncomfortable continuing with the reunification process. 6. Dr. Davin sent a letter dated September 8, 2010 addressed to this Honorable Court explaining that "given the complexity of the issues ...it has gone beyond my level of comfort." 7. During a telephone conference concerning this issue between the Court and counsel on September 13, 2010, this Court invited any specific requests either party had regarding whether Dr. Davin would provide an explanation for her desire to be removed from the case in the format of either a conference or a hearing. 8. By letter dated September 14, 2010, the undersigned wrote a letter to this Honorable Court respectfully requesting that a hearing be scheduled to determine the specific reasons for Dr. Davin's desire to discontinue her therapeutic reunification services and requesting there be an opportunity for the children to provide testimony in camera concerning the reunification process thus far. 9. An Order was entered September 15, 2010, scheduling a hearing on October 1, 2010 for the purpose of taking Dr. Davin's testimony by telephone. 10. The Order of September 15, 2010 did not provide whether the children would be permitted to testify in camera. 11. Dr. Davin's office is located at 3920 Market Street in Camp Hill, Pennsylvania. 12. Dr. Davin is certainly in close proximity to the Cumberland County Courthouse such that an appearance in person for the Hearing on October 1, 2010 would not be an unreasonable inconvenience. 13. Due process requires Father have the opportunity to observe and evaluate Dr. Davin's demeanor in person during her testimony. 14. It has been more than three months since Dr. Davin was appointed as the reunification therapist. 15. If Dr. Davin's request to have her appointment vacated is granted, Father will be forced to begin the reunification process from the very beginning with a new therapist, which will result in a waste of more than three months in that he is no closer to seeing his children and having a relationship with them than he was before Dr. Davin was appointed. 16. Because Father is being denied visitation with his children and will not be granted any possible visitation until the reunification therapist makes a recommendation deemed appropriate by this Court, Father has the right to have Dr. Davin in person at the hearing to present her testimony and to have a proper opportunity for cross-examination. 17. A court may permit a witness to testify by phone upon good cause shown. See Pa.R.C.P. 1930.3. 18. Neither Father nor Mother has requested or shown good cause why Dr. Davin be permitted to testify by phone. 19. Due process requires Father have the ability to hear an in-court presentation of testimony from Dr. Davin and the right to confront and cross-examine her in court. See Coble v. Coble, 470 A.2d 1002, (Pa. Super. 1984) (citing Shaffer v. Gaal, 458 A.2d 1020 (Pa. Super. 1983); Wood v. Tucker, 332 A.2d 191 (Pa. Super. 1974)). 20. Because the reasons for Dr. Davin's discomfort with the reunification process and desire to withdraw may be due to what she has learned from the children during her sessions with them, Father has the right to have the children present testimony in camera concerning the reunification process at the Hearing. 21. Because the reasons for Dr. Davin's request to withdraw may resurface if any new reunification therapist is appointed, Father has the right to be able to fully explore these reasons by subjecting Dr. Davin to sufficient cross-examination in person at the scheduled hearing. 22. The undersigned sought the concurrence of opposing counsel in the filing of this Motion and as of the time of filing, no response was received as to whether opposing counsel concurred. WHEREFORE, Defendant Christopher R. Silva, prays this Honorable Court enter an Order granting his Motion requiring the attendance in person of Dr. Kristin Davin and the children, Madeline and Christopher Reid Silva, to provide in camera testimony at the Hearing to be held October 1, 2010 at 2:00 p.m. as well as any other relief the Court deems appropriate and just. Respectfully submitted, Wolf & Wolf Dated: September 28, 2010 By: Stacy B. Wolf, Esquire 10 West Nigh Street Carlisle, PA 17013 " Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant Filters Used: 1 Tagged Record Email Report Form Format Date Printed: 9/28/2010 Time Printed: 1:47PM Printed By: SBW Date 9/02/2010 Time 2:39PM 2:39PM Duration 0.00 (hours) Code Subject Fw: update Staff Client Christopher R Silva MatterRef MatterNo From Christopher Silva <csilva802@yahoo.com> To stacy wolf <stacybwolf@embargmail.com> CC To Bcc To Reminders (days before) Follow N Done N Notify N Hide N Trigger N Private N Status Userl User3 User2 User4 ----- Forwarded Message --- From: "dkmd725@aol.com" <dkmd725@aol.com> To: csilva802@yahoo.com Sent: Wed, September 1, 2010 1:16:10 PM Subject: Re: update Hi Chris, 1 want to let you know that after careful consideration, I do not feel comfortable continuing with the reunification process between you and your children. I made this decision based on several reasons and after meeting with your children. The reasons for my decision are specifically outlined in a letter that will be sent to both attorneys shortly. I know that you will want to discuss this so feel free to contact me regarding this situation. Kristin Kristin M. Davin, Psy.D. Licensed Psychologist 3920 Market Street Suite 202 Camp Hill, PA 17011 717-737-7332 -----Original Message----- From: Christopher Silva <csilva802@yahoo.com> To: dkmd725 <dkmd725@aol.com> STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMY L. SILVA, V. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER R. SILVA, Defendant : CIVIL ACTION - LAW NO. 2008 - 7358 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of the foregoing Motion on the following person on this date and in the manner indicated. SERVICE BY FIRST CLASS MAIL: Richard B. Druby, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Avenue Hershey, PA 17033 Date: September 28, 2010 +1(i .riff : v - 1 ,'(Lr J, rl Stacy B. W" If, Esquire Attorney Vr Defendant TARY J 1INTY AMY L. SILVA, Plaintiff V. CHRISTOPHER R. SILVA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7358 CIVIL ACTION-DIVORCE/CUSTODY PETITION FOR WITHDRAWAL OF APPEARANCE FOR DEFENDANT BY NESTICO, DRUBY & HILDABRAND, PC 1. Plaintiff, Amy L. Silva, is an adult individual with an address of 257 North 24th Street, Camp Hill, PA 17011. 2. Richard B. Druby, Esquire, and Nestico, Druby & Hildabrand, P.C. entered their appearance on behalf of Plaintiff in the above referenced matter by filing a Divorce Complaint on or about December 18, 2008. 3. Plaintiff agreed in writing to pay an hourly fee to the undersigned for services rendered. 4. Plaintiff, having a substantial outstanding balance for services rendered by the undersigned and Nestico, Druby & Hildabrand, PC, and the inability to pay her outstanding balance, has requested Nestico, Druby & Hildabrand, PC to cease work on her file. 5. Defendant, through his counsel, Stacy Wolf, Esquire, has consented to the withdrawal of Richard B. Druby, Esquire, and Nestico, Druby & Hildabrand, PC from this matter, as long as the withdrawal does not delay the proceedings. 6. Plaintiff has indicated that she will not oppose the Petition for Withdrawal as she has requested undersigned counsel to cease work on her behalf. 7. Plaintiff will not be prejudiced by the withdrawal of Richard B. Druby, Esquire, and Nestico, Druby & Hildabrand, PC from this matter at this time. It would be overly burdensome for the undersigned to continue to represent Plaintiff under the aforementioned circumstances. WHEREFORE, the undersigned respectfully requests that this Honorable Court grant leave of court to withdrawal his appearance and the appearance of Nestico, Druby & Hildabrand, PC on behalf of Plaintiff in this matter. Date: / Respectfully submitted, NESTICO, BY & HILDABRAN D, , PC 'chard B. Druby, E uire Attorney I.D. No. 61 4 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 2 VERIFICATION I, Richard B. Druby, Esquire, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to Date: ? 2l Gv CERTIFICATE OF SERVICE I, Richard B. Druby, of the law firm of Nestico, Druby & Hildabrand, PC, hereby certify that on the ?9 day ofc;,,e , 2010, a copy of the foregoing document, Petition to Withdraw Appearance, was served upon the following via first class U.S. Postal Service, postage pre-paid: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Amy Silva 757 Nnrth 74th strppt Camp 4 v N lD ?m 69 N O O no ro x o' ? OJ y A T (C _? fD C ? .? •c y A y 0 G) G) ; U) o tj $ c°' csy' Z m Q y?? ?D? v? n? x ; v y? ?oc?n m? p r?r ? N ai a CO w m? co o ?i s m j apr O C N N N (j ? N y C 01 C c ? 9 m pO O 409 p W An 6q EAifl40 t{i4A fflfAUN to Ndl?AEA49 C71 O N V V - --? fA W -? CO EA -+ {fl 171 t71 OD N W N -+ p tD GT -+ Z -+ W CO cOOpOOtT -+W W O x O. W OG71000a0C,a0a co cp OOC ACW GOiM W V Jh, p6 O6 6 GO6 6 6 pp00 N N O O O N W W V W 0 K) --4 O O O O O O CD, a C> N tD U1 EA to ?H fA ?q 69 b9 O -.A CD 44 NONAcn, a8 m CJ?OJsOOl11tn0 OC?OOCt700rJ 0 0 0 0 0 0 0 0 0 3 Ch a1 ivi z Z :0j ?q 9-1300101 0 010 a 3 AMY L. SILVA, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER R. SILVA, : DEFENDANT : 08-7358 CIVIL TERM ORDER OF COURT AND NOW, this 1St day of October, 2010, upon consideration of the petition to withdraw as counsel filed by Richard B. Druby, Esquire, and following a colloquy with plaintiff Amy L. Silva in open court regarding said petition, leave is granted for Richard B. Druby, Esquire, to withdraw as counsel. By the Court, Albert H. Masland, J. my L. Silva, Pro se Xcy B. Wolf, Esquire For Christopher R. Silva ichard B. Druby, Esquire 1 :saa _ =n j F' 7? fl J 4 '"°t .3 " ?. l wY (;;f 1 l? 1 C-D .? co AMY L. SILVA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHRISTOPHER R. SILVA, Defendant 2008-7358 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 1st day of October, 2010, after a hearing to determine the reasons for the therapeutic counselor's request to withdraw, the Court directs that the parties continue to abide by its order of June 3, 2010, and in particular that the phone calls noted under paragraph 16 be reinstituted. Henceforth, those calls shall be made every Monday evening at 6:00 p.m. from the children to the Defendant and shall last a minimum of 5 minutes unless the parties mutually agree otherwise. Because Plaintiff asserts that she is unable to pay the fee for Dr. Shienvold's custody evaluation, the Court directs that the Plaintiff submit a detailed income and expense statement to the Court no later than the close of business on October 8, 2010. The statement shall be filed with the Prothonotary and a copy delivered to the Court's chambers. A copy shall also be given to the Defendant's attorney. By the Court, 00 Albert H. Ma and, J. A' t '?Almy L. Silva 257 North 24th Street Camp Hill, PA 17011 Pro se Plaintiff -lacy B. Wolf, Esquire For Defendant mae AMY L. SILVA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHRISTOPHER R. SILVA, Defendant 2008-7358 CIVIL TERM IN RE: APPOINTMENT OF THERAPEUTIC COUNSELOR VACATED ORDER OF COURT AND NOW, this 1st day of October, 2010, after a full hearing on the request of Dr. Kristin M. Davin to withdraw as therapeutic counselor in this matter, Dr. Davin's appointment is vacated, and she is released from further obligation to the Court. By the Court, G? Albert H. Masland, J. y?my L. Silva 257 North 24th Street Camp Hill, PA 17011 Pro se Plaintiff tacy B. Wolf, Esquire For Defendant :mae rC ' s - r ^ C ) ca e c7 LD X7'1 v 0 3 fD EA N O O cs? R ??G7c)v=gym-i?cn a c?DDD=?-?O>mg0;0 o ?, n? ?o m -*? cn o c c c o ?3,c? o x N p? tI1 (A O A ? cl 41 ?_ S O O c m O `z c3D 3 CC?o•°i w o y ?9)-r?c?u? n m o u, OR Z -'c 'ZiDo ? o 8 y -• a 'U D 2) c cr 0, X' y j 0 j A 3 =r N O a m CO = 3 =o r s y 8 (D pr (D O p Cl) U) c v N 4 O q O O 49 O) W-4040 4S4940 4A Efl (A 40 40 P Efl N 89 EA CA O -4 N V -4 --? ? 4A W -? W 40 -? ? 4A S w " w N ? W -+ ? PO. . co<ooococn-•wWOrnWOVmooopo p8oa8 N co O O O N W W ca im -4 4 W O N-4 0 0 0 0 0 0 0 0 0 0 0 0 11 OD 49 CNi?ONPO0CN"OW 8000000000 000000 ro, ` f t 5 Lo =^ } co m x m tD N O 3 l< N d ao 1 (ft W • J C' r^? l Z4 Amy L. Silva 257 North 20 St. Camp hill, Pa. 17011 Honorable Judge Masland Cumberland County Courthouse One Courthouse Square Carlisle, Pa. 17013 October 3, 2010 Dear Judge Masland, Pursuant to your order, I have produced a detailed chart of my income and my expenses. Sincerely, Amy L. Silva Cc: Stacy B. Wolf, Esquire AMY L. SILVA, Plaintiff V. CHRISTOPHER R. SILVA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7358 : CIVIL ACTION-DIVORCE/CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdrawal the appearance of Richard B. Druby, Esquire and Nestico, Druby & Hildabrand, PC as counsel for Plaintiff, Amy L. Silva, in the above matter. Respectfully submitted, NESTICO, DRJMY & HILDABRAND, PC Date: D /Z /a I?hard B. Druby, E /Attorney I.D. 61904 840 East Chocolate A Hershey, PA 17033 (717) 533-5406 Vl'dWASNN3d .x,11 nol- ONVI839WO cc -.1 Ind £ ! 130010Z AVIONOH108d 3141 JO 301AJO-0311A ~rc.~a-v>: >' icy tlF TFtE PROTHONOTARY STAGY B. WOLF, ESQUIRE ATTORNEY ID N0.88732 WOLF & WOLF 10 WFST HIGH STREET CARLISLE PA 170L3 (71'n tai-aa36 ATTORNEY FOR DEFENDANT 2aia ocT ~ ~ ~~ ~~ o~ CUMBERLA~tiD COIJi'dTY PEf'~NSYI.VA~IiA AMY L. SILVA, v. : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER R. SILVA, Defendant CIVIL ACTION -LAW N0.200$ - ?358 CIVIL TERM IN CUSTODY MOTION FOR APPOINTMENT OF REUNIFICATION THERAPIST AND NOW comes the defendant, Christopher R. Silva, by his attorney, Stacy B. Wolf, Esquire, and presents the following motion for appointment of reunification therapist, representing as follows: 1. Following a Custody Hearing, an Order was entered June 3, 2010 directing the parties to seek therapeutic family counseling for reunification purposes between Father, Christopher Silva, and the parties' children, Madeline and Christopher Reid Silva. 2. 'The June 3, 2010 Order further provided that only phone calls and written communication between Father and the children would be permitted until either the reunification therapist or the custody evaluator opined otherwise. 3. By Order dated June 22, 2010, Dr. Kristin Davin, the reunification therapist selected by Father, was appointed to serve as the reunification therapist. 4. Due to Dr. Davin's request to withdraw as the reunification therapist, a hearing was held on October 1, 2010. 5. Following a hearing, Dr. Davin's appointment was vacated by Order dated October 1, 2010. 6. Movant requests that Kim Sweger, LCSW or another counselor under the supervision of Ms. Sweger of Alternative Behavior Consultants (hereinafter referred to as "ABC's in Carlisle, Pennsylvania be appointed to provide reunification therapy between Movant and his children with the goal of moving to guided supervised visitation, a service provided by ABC, and then moving to unsupervised visitation, in accordance with the recommendations of the counselor. 7. Movant requests that both parties be required to sign any and all such releases for the ABC counselor to speak with and obtain information from the children's therapist, Dr. Davin, Respondent's therapist, Movant's therapist, as well as any other releases deemed necessary by the ABC counselor. 8. Movant requests that respondent, Amy Silva, not be involved in such reunification therapy process unless determined to be necessary by the ABC counselor. 9. Movant requests that respondent be required to utilize any available insurance to cover such reunification services and in the event that the available insurance will not pay any or all of the costs that Movant and Respondent be required to split all such costs equally. WHEREFORE, Movant Christopher R. Silva, prays this Honorable Court enter an Order granting his Motion appointing Kim Sweger, LCSW or another counselor under the supervision of Ms. Sweger of Alternative Behavior Consultants in Carlisle, Pennsylvania to provide reunification therapy between Petitioner and his children with the goal of moving to guided supervised visitation, a service provided by ABC, and then moving to unsupervised visitation, in accordance with the recommendations of the counselor as well as any other relief the Court deems appropriate and just. Respectfully submitted, Dated: October lS , 2010 Wo Wolf By: ~"''~~ Stacy olf, Esquire 10 Wes igh Street Carlisle, PA 17013 Supreme Court I.D. No, 88732 (71?) 241-4436 Attorney for Defendant STACY B. WOLF, ESQUIRE ATTORNEY ID N0.88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA i70Li {717} 241-493b ATTORNEY POR DEFENDANT AMY L. SILVA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2008 - 7358 CIVIL TERM IN CUSTODY v. CHRISTOPHER R. SILVA, Defendant CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of the foregoing Motion on the following parry on this date and in the manner indicated. SERVICE BY FIRST CLASS MAIL: Amy L. Silva 257 N. 24`" Stteet Camp Hill, PA 17011 Date: October ~J , 2010 ,~ ~'-- Stacy B. Wolf,~~squire Attorney for Defendant ~-' Amy L. Silva 257 North 24~' St. Camp Hill, Pa 17011 ~~-~7~Sg Honorable Judge Masland Cumberland County Courthouse One Courthouse Square, Suite 100 Carlisle, Pa. 17013 October 14, 2010 Petition 1. Motion for appointment of Guardian Ad Litem for Custody proceedings regarding Madeleine and Reid Silva. 2. Due to the complex nature of this case it is requested that the above named children have legal representation that can advocate independently in their best interest. In order to obtain legal support for the children, I would be agreeable to the Children's Advocacy Program in Carlisle. Thank you for your attention to this matter. cerely 0 n o -n Amy L. Silva „gam o z-~ ~~ ~ ~~ cr, ~, ~ ,po c~--~ ~° v 7~ c3 3 z~ Cc: Stacy B. Wolf, Esquire 2 ~~ w 7,, -~ °~.c AMY L. SILV A Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.08-7358 CHRISTOPHER R. SILVA Defendants CIVIL ACTION -LAW CUSTODY PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM It is being requested that the Honorable Judge Masland appoint Guardian Ad Litem to represent and advocate for Madeleine and Reid Silva in regard to the custody proceedings. Due to the complex issues at hand Madeleine and Reid will be best served with independent counsel. I would be agreeable for the Children's Advocacy Program in Cazlisle to be considered for representation. Thank you for your attention to this matter. Respectfiilly submitted, Dated: 10-15-2010 C'7 C N l~ ~ ~ ~y ~ © Q ~ ~~ ~ ~~ ~~ ~ r- ~D ~ m ~~ r- ~ --~ p <~ Dn -~ ~ ~''*lrl ?o A~ '- etc .~ D ~ ~ ~ ~- AMY L. SIL A • AMY L. SILVA : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.08-7358 CHRISTOPHER R. SILVA :CIVIL ACTION -LAW Defendants ; CUSTODY CERTIFICATE OF SERVICE I, AMY L. SILVA, do hereby certify that on this date, I served a true and correct copy of the PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM, in the above-captioned matter upon the following individual, by regulaz mail as follows: STACY B. WOLF, ESQ. 10 West High St. Cazlisle PA. 17013 DATE: October 15, 2010 '~/~~~~~ AMY L. SILV Amy L. Silva 257 North 24~' St. Camp Hill, Pa. 17011 October 15, 2010 Office of Prothonotary One Courthouse Square Suite 100 Carlisle, Pa. 17013 Dear Mr. Buell, Please find enclosed a Petition for Guardian Ad Litem , a proposed Order and Certificate of Service. This is a matter of Custody before the Honorable Judge Masland. Also, I have included duplicate copies of the proposed order and self addressed envelopes with postage to the said persons. Thank you. Respectfully submitted, tl~~ Amy L. S' AMY L. SILVA, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER R. SILVA, DEFENDANT 08-7358 CIVIL TERM ORDER OF COURT AND NOW, this ~ ~~ day of November, 2010, before the court are plaintiff s petition for the appointment of a guardian ad litem for the minor children, Madeline Silva and Ghristopher Reid Silva, as well as defendant's motion for the appointment of a reunification therapist. Inasmuch as the parties have only recently commenced the custody evaluation, which is being conducted by Dr. Arnold Shienvold of Riegler, Shienvold & Associates, the court declines to make any further appointments at this time. The court finds that it is not in the best interest of the children to encumber them with additional professional consultations. Rather, the court suggests that the parties focus on completing the evaluation. Nevertheless, a copy of this order and defendant's motion for appointment of a reunification therapist shall be transmitted to Dr. Shienvold for his review. If he is of the opinion that it would be in the best interest of the children to undergo additional reunification therapy, the court will consider an appointment at that time. Similarly, the court will consider the appointment of a guardian ad litem at a poin c~lnse~-in time to a hearing on this matter. o ~=a ~ , ~:~ ~ c.' ~,.> ~,; c~ s~-~- .._s ~~.~ ~ ~~ ~~ -<- ~~ ~.. ~=- ~ N 0 By the Court, Albert H. Masland, J. e~. ....y ~y L. Silva, Pro se 257 North 24th Street Camp Hill, PA 17011 tacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 For Christopher R. Silva / "'' Arnold Shienvold 2151 Linglestown Road, Suite 200 Harrisburg, PA 17110 saa ~P ~ ~S .n~~1~ `1~3 ~~ v ~~ THE PROTE- ONo STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT 2O" I FEB -7 PM 3: 27 CUMBERLAND COU N `:` PENNSYLVAN11 ^, AMY L. SILVA, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER R. SILVA, Defendant : CIVIL ACTION - LAW : NO. 2008 - 7358 CIVIL TERM : IN CUSTODY MOTION FOR PRODUCTION OF COURT TRANSCRIPTS AND ALLOCATION OF COSTS AND NOW comes the defendant, Christopher R. Silva, by his attorney, Stacy B. Wolf, Esquire, and presents the following motion for production of court transcripts and allocation of costs, representing as follows: 1. Following a Custody Hearing, an Order was entered June 3, 2010 directing a custody evaluation be performed by Dr. Arnold T. Shienvold with the costs of any unreimbursed portion to be preliminarily allocated between the parties with Plaintiff paying 50% and Defendant paying 50%. 2. During the course of the custody evaluation, Dr. Shienvold has concluded that it would assist in his performance of the custody evaluation to be able to review all of the court transcripts related to the above-captioned matter including the Custody Hearing held May 21, 2010, the Hearing regarding Dr. Kristin Davin's request to withdraw as the reunification therapist held October 1, 2010, as well as the transcripts involving Plaintiff and Defendant related to the Protection from Abuse matter, docketed at No. 2008-7275, including the PFA Hearing held February 11, 2009, and the PFA Contempt Hearing held August 18, 2009. 3. The undersigned has obtained a cost estimate from the Official Court Reporters for all of the above listed transcripts in the amount of $567.00. w 4. Dr. Shienvold is aware of this cost estimate and is of the opinion that he is satisfied with however this Court chooses to allocate the costs of the transcripts between Plaintiff and Defendant. 5. Respondent is aware of this cost estimate but has stated she is not able to share in the costs of the transcripts. 6. Movant requests that this Honorable Court direct the transcripts for the Custody Hearing held May 21, 2010, the Hearing regarding Dr. Kristin Davin's request to withdraw as the reunification therapist held October 1, 2010, as well as the transcripts involving Plaintiff and Defendant related to the Protection from Abuse matter, docketed at No. 2008-7275, including the PFA Hearing held February 11, 2009, and the PFA Contempt Hearing held August 18, 2009, be produced by the Official Court Reporter. 7. Movant requests that the costs of the production of all transcripts be allocated equally between Plaintiff and Defendant. 8. The undersigned sought the concurrence of the opposing party, Amy Silva, in the filing of this Motion and she does not concur. WHEREFORE, Movant Christopher R. Silva, prays this Honorable Court enter an Order granting his Motion directing the transcripts for the Custody Hearing held May 21, 2010, the Hearing regarding Dr. Kristin Davin's request to withdraw as the reunification therapist held October 1, 2010, as well as the transcripts involving Plaintiff and Defendant related to the Protection from Abuse matter, docketed at No. 2008-7275, including the PFA Hearing held February 11, 2009, and the PFA Contempt Hearing held August 18, 2009, be produced by the Official Court Reporter and that all costs be allocated equally between Plaintiff and Defendant, along with any other relief the Court deems appropriate and just. Respectfully submitted, Wolf &)Wolf Dated: February 7 , 2011 By: Stacy B. W AI, Esquire 10 West Hiah Street Carlisle, PA 17013 v Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned, hereby verify that I am the counsel for the defendant in this action and that the facts stated in the above motion 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. February 7, 2011 Stacy B. Wp f, Esquire STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMY L. SILVA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHRISTOPHER R. SILVA, : NO. 2008 - 7358 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of the foregoing Motion on the following party on this date and in the manner indicated. SERVICE BY FIRST CLASS MAIL: Amy L. Silva 257 N. 24 h Street Camp Hill, PA 17011 Date: February --Z 2011 Stacy B. Wg4 Esquire Attorney for Defendant . 14 FILED-OFFICE CE t !IE F1R,0TI-IT1Q r 7031 I ?'??? -9 PPS 12= STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 r'U`?'IBERLA.NC DIa' WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMY L. SILVA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHRISTOPHER R. SILVA, : NO. 2008 - 7358 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT NOW, this day of /C.ll ?, 2011, in consideration of the attached Motion, Defendant's Motion is GRANTED, and it is directed that the Official Court Reporter produce the transcripts for the Custody Hearing held May 21, 2010, the Hearing regarding Dr. Kristin Davin's request to withdraw as the reunification therapist held October 1, 2010, as well as the transcripts involving Plaintiff and Defendant related to the Protection from Abuse matter, docketed at No. 2008- 7275, including the PFA Hearing held Fel faary 11, 2009, and the PFA Contempt Hearing held August 18, 2009, and that all costs be allocated equally between Plaintiff and Defendant. By the Court, eH,orable Albert . Masland Distribution: ?Amy L. Silva O.piZ/,// s V/Stacy B. Wolf, Esquire M1d0f AMY L. SILVA V. CHRISTOPHER R. SILVA DIVORCE DECREE AND NOW, 'Ce'p y Z7 , 10 4/ , it is ordered and decreed that AMY L. SILVA , plaintiff, and CHRISTOPHER R. SILVA , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None." None. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 7358 By the Court, Attest: J. Prothonotary 740 Co f/ G wo I/-/-