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HomeMy WebLinkAbout09-2943 Mindy S. Goodman, Esquire Attorney ID No. 78407 2215 Forest Hills Drive Suite 35 Harrisburg, PA 17112 (717) 540-8742 PEGGY DIVELEY and EDDI DIVELEY,: IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA 0 q_ ;Z , q,3 C?rjj -7 V. NO. ASHLEY POLAND and DAVI EIKER, : CIVIL ACTION - LAW Defendants : IN CUSTODY AND NOW, come the 0aintiffs, PEGGY DIVELEY and EDDIE DIVELEY, by and through their attorney, Mindy S. Goodman, and aver the following: 1. Plaintiffs are adult individuals currently residing at 150 Brysonia School Road, Biglerville, Adams County, Pennsylvania. 2. Defendant Ashl?y Poland is an adult individual currently residing in 114 Ram Pike Hill, Bendersvil4e, Adams County, Pennsylvania; however, until recently and for the last six-m nth period, Defendant Ashley Poland has resided at 140 Old State Road, Gardners, Cumberland County, Pennsylvania. 3. Defendant Ashley Poland is a Defendant in another custody action filed in Cumberland County at Docket No. 2009-1668. (A copy of the Order of Court involving Defendant As ley Poland's other minor child is attached hereto as Exhibit A.) 3 c t 4. Defendant Dav'I d Eiker is an adult individual currently residing at 150 Brysonia School Road, iglerville, Adams County, Pennsylvania. 5. The Plaintiffs ar e the paternal great grandparents of the minor children who are the subject f this custody action. i 6. Defendants Ash ley Poland and David Eiker are the natural parents of two minor children, whose names and dates of birth are as follows: DYLAN EIKER DOB February 5, 2001 BRIANA EIKE DOB July 13, 2003 7. Defendant Ashl ey Poland is the mother of a third minor child, Trae Brownley, who is currently in he primary custody of his father, Adam Brownley, as a result of a Cumberland ounty custody action for which Jacqueline M. Verney, Esquire is the custod y conciliator, docketed at 2009-1668. 8. Plaintiffs seek te mporary primary legal and physical custody of the minor children under 23 Pa. C .S.A. §5313(b): a. The Plain tiffs have a genuine care and concern for the minor children; b. The child en are currently living with the Plaintiffs and have been in the care of the Plaintiffs on and off over the course of the children's entire lives; C. Plaintiffs seek temporary primary legal and physical custody of the children and maintain it is necessary to do so because the children are at risk due to drug use and abuse by the natural parents. 4 I I 9. The natural mo?her and natural father are not married and the minor children were bom out owedlock. l 10. Defendant David Eiker was recently released from the Adams County Prison where he was incarcerated for drug offenses and faces another charge for which he will likely serve another period of incarceration in the near future. 11. Plaintiffs believe that Defendant Ashley Poland is involved with the sale and use of illegal drugs a nd has placed the children in harm's way. 12. Although she is not employed, Defendant Ashley Poland has been unable to do basic housekeep ing, cooking and caring for the minor children. 13. Plaintiffs provide for all of the minor children's most basic needs, emotionally, physically, and fi ancially. 14. On or about Dec ember 3, 2008, Defendant Ashley Poland was arrested for driving a vehicle i nvolved in the sale and delivery of drugs, as a result of which her vehicle wa s seized and impounded. 15. On or about Dec ember 12, 2008, Defendant Ashley Poland had a motor vehicle accident with a least one of her minor children in the vehicle. The vehicle was demolished. Both Defendant Ashley Poland and the minor child were treated at the hospital a d released. 16. Later that same month, the exact date is unknown, Defendant Poland was in a second moto vehicle accident. No children were in the vehicle, and this second vehicle was molished. 5 , x 17. On or about January 11, 2009, Defendant Ashley Poland was in another motor vehicle accident, Plaintiff is uncertain whether any children were in the vehicle. 18. On or about Fe to the family of Defendant A; Defendant is involved with tr (A copy of the letter is attach 19. Beth Eiker, the Affidavit indicating her obsi Affidavit is attached hereto 19. On or about in another motor vehicle vary 23, 2009, Defendant David Eiker sent a letter ey Poland's other minor child, indicating that sale of drugs and engaging in the usage of drugs. I hereto as Exhibit B). :r of Defendant David Eiker, drafted a swom n of drug use by the Defendants. (A copy of the Exhibit C.) ;h 9, 2009, Defendant Ashley Poland was involved ant with at least one of her minor children in the car. There was major dama to the vehicle, but no one was injured. 20. Later that same night, on or about March 9, 2009, Defendant Ashley Poland was involved i a fifth motor vehicle accident, after which she was taken to the police station for questioning. This accident resulted in a third vehicle being demolished witl after the accident resulted in Driving Under the Influence. 21. On or about Ma insurance carrier that the sec 9, 2009 resulted in a hit and r in a three-month period. Toxicology tests taken )efendant Ashley Poland being charged with ch 10, 2009 there was a report made to an end accident involving Defendant Ashley on March in. Defendant Ashley Poland was arrested. 6 I 22. Plaintiffs Office is attached hereto as Exhibit E.) 26. Plaintiff does n 0t know of a person not a party to the proceedings who has physical custody of he children or claims to have custody or visitation rights with respect to the chi' ren. 27. Plaintiffs are no seeking permanent primary custody of the minor in that Defendant Ashley Poland was involved in it in the end of March of 2009 while both children were in the vehicle. en have been advised by Defendant Ashley Poland to lie about the reason they have on occasion been 24. On or about Ap '19, 2009, Defendant Ashley Poland was involved in another car accident, and rug paraphernalia was found in the vehicle. (A copy of the newspaper articl related to that accident is attached as Exhibit D.) 25. On or about May 6, 2009, an article in the Gettysburg Times revealed that Defendant Ashl y Poland is wanted by the Adams County Sheriffs Office. (A copy of the newspaper article related to being wanted by the Sheriffs another motor vehicle accid who are the subject of this 23. The minor chit to lie about the accidents ar absent from school. children, but are seeking to obtain the drug and alcohol matters can be resolved, care and custody. orary minor custody until the minor parents can iabilitation can be accomplished, the criminal legal he children will be safe if returned to their parents' 7 WHEREFORE, the Plointiffs respectfully request Your Honorable Court to grant them temporary prima legal custody and temporary primary physical custody of DYLAN EIKER arid BRIANA EIKER, subject to periods of supervised visitation with Defendants. Respectfully submitted, ': , 527> zvc) \-k '-? ?t?- Mindy S. Goodman, Esquire Attorney for Plaintiff VERIFICATION We have reviewed the We verify that the correct to the best of our false statements made relating to unsworn contents of the foregoing Complaint for Custody. made in the foregoing document are true and , information and belief. We understand that are subject to the penalties of 18 Pa.C.S. § 4904, to authorities. -A,60 ;IA" f Pegg ley, Plaintiff 1 r Eddie Diveley, Plaint' I ADAM BROWNLEY, Plaintiff V. ASHLEY POLAND, Defendant ASHLEY RENEE POLAND, Plaintiff V. ADAM BROWNLEY, Defendant AND NOW, this consideration of the attached Cust follows: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1668 CIVIL ACTION - LAW IN CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1675 CIVIL ACTION - LAW IN CUSTODY 11 of eL 1? , 2009, upon Concilia on Report, it is ordered and directed as 1. The prior Orders of Court dated April 6 and 13, 2009 shall remain in full force and effect with the following modifications. 2. Father shall have p4mary physical custody of the child. 3. Beginning April 19, 2009, Mother shall have periods of supervised visitation every Sunday for at least one hour or longer in accord with Adams County Children & Youth safety plan regarding Mother's other children. The supervisor shall be grandmother, Peggy Dively. Mother shall have such other times as agreed by the parties. 4. This Order is entere a Custody Conciliation Conferenc( by mutual consent. In the absence control. pursuant to an agreement of counsel for the parties at The parties may modify the provisions of this Order f mutual consent, the terms of this Order shall Extlt % % rt flc 0 BY THE COURT, I..S 5-1-0am I Edgar B ayley, P.J. cc: Mindy Goodman, Esquire, Co sel for Father Arlene Hockensmith, Esquire, idPenn Legal Services, Counsel for Mother TRUE COPY FIZO?A RECORD k) T401mony whereof, I h-re ntc3 set my !rend acrd jeal of said ourt at ar;isle, Pa. ....L1.. de of. ?.., .? ! 1 A ADAM BROWNLEY, Plaintiff V. ASHLEY POLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1668 CIVIL ACTION - LAW IN CUSTODY ASHLEY RENEE POLAND, Plaintiff V. ADAM BROWNLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1675 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. IN ACCORDANCE PROCEDURE 1915.3-8, the report: 1. The pertinent litigation is as follows: NAME Trae William Brownley CUMBERLAND COUNTY RULE OF CIVIL igned Custody Conciliator submits the following on concerning the Child who is the subject of this OF BIRTH CURRENTLY IN CUSTODY OF November 12, 2006 . Father 2. A telephone confe ence was held in this matter on April 16, 2009, with the following: Father's counsel, Min y Goodman, Esquire, and Mother's counsel, Arlene Hockensmith, Esquire, MidPenn egal Services. 3. Prior Orders of Court were entered by the Honorable Edgar B. Bayley dated April 6, and 13, 2009 providing for shared legal custody, with Father having unsupervised custody and Mother having supervised visitation pursuant to a safety plan from Adams County Children & Youth Services. 4. Counsel for the tl -I 4 -v Date agreed to an Order in the form as attached. cqu ine M. Verney, Esquire Custody Conciliator Post-its Fax Mote 7671 We pa es? To From Co./Dept. Co. Phone it Phone 4 Fax 1i Fax n + n dry` y i 1 1? - .13' ,v ^Z? s ? r. \'L ?A Of ? ,a O mm v Gf ?M y~j r n7 r. C, 0 O r Q r; t.` . U? y a r ck%N\S\jr 16 i _ e -5 -- ?'lprr 1? f1' ?liC. =? - TIC - - ?.? 1. Ct, nt, r _ r?• 1 , 1 T r r ?f TT ?. April 1, 2009 I have known Ashley Poland for years. She is the mother of my brother's children (Dylan and Briana). Ashley and David' relationships other the last 9 years has been very rocky. She is very manipulative and selfish. I have witnessed Ashley and D children were unsupervised pla; into the room unannounced. I v bathroom across the hall. They Ashley left with her three child, they were doing and he replied, I also in the past two years have Prior to David, my brother's last hours of the day or night. They h he would supply her with drugs. would tell me that they would go during their trips and he said that times. Ashley also offered sex fo occasional kiss. id injecting heroin into their hands, while two of her 19 outside. The bedroom door was closed and I walked ited to tell her Dylan was having issues using the came irate that I opened the door. A few minutes later, I in the car. She was the driver. I asked my brother what Dope." her crush Vicoden and snort it. xrest, she was constantly calling him or texting him all ve an arrangement that she would drop child support if he was constantly at the house to see him. My brother :o the city for heroin. I asked where the kids were Dylan and Briana never went but Trae went several exchange for drugs, David said. I only witnessed an David stole my mother's check d Ashley forged it. They both cashed it for drugs. Ashley denied it when my Mothe confronted her but the writing was exactly hers as compared to a letter she wrote David earlier. David eventually told my Mother that she did forge it. David had promised t repay her so she did not press charges. When Ashley would come to the ouse to see David, frequently she never came with any supplies for Trae. She stole diaper; all the time. I would complain to David about this. She also stole personal care items om my mother. My grandparents, Eddie and Pegg times a week and many times over one time was greatly embarrassed and the school took it from him ax Ashley had not send money. My g appointments because Ashley wot She originally said she had Chips ; were more reasons the children di( Dylan and Briana are constantly many different people. She has 1 vehicle because she has recently Diveley, used to watch Dylan and Briana at least 3-4 the school year paid for their school lunch. Dylan at n front of his classmate because he got a lunch tray I replaced it with a peanut butter sandwich since andparents and mother have both paid for dentist d not take them. The kids both had numerous cavities. nd she forgot to renew it but to discover later there not have coverage. orting to school late or being picked up late and by late due to her trips to the city or she doesn't have a ;ked 3. Ekh.ca .t G 1 0- Ashley told many people she ' cancer and worked people to loan her money for drugs. According to David, she wrote bad checks out of Adams account to pay Steve_ fo, methadone. 1 overheard David talking to this Steve guy on the phone. Dylan and Briana have both ed on several occasions to me, my mother and Peggy, my grandmother that their mother s mean to them., frequently yelling at them and cursing. The kids have said that she fall asleep and spills things on her lap and blankets. Her eyes roll back and her mouth is ope . Personally, I would not entrust her to take care of another human being when she obviously can not take care of herself. Ashley used the kids for personal gains with David's family members. She knew we were all concerned about Dylan and riana so we would do whatever was needed to help them which obviously helped her. W feed, clothed, and provided a room over the kid's heads ever since they were born. Wh we wouldn't do what she wanted-like bailing David out to jail, she refused to let us a the children. Over the last two years, we kne provide for the children made i them and watched them while, family is very distraught about Respectfully submitted, Beth lei ker v things weren't good but knowing Adam was there to better. Dylan and Briana adored .Adam. He played with shley was out running around with David. The 4vhole ie certain situation. 4 + • VERIFICATION verify that the statements in the attached document are true and correct to the best of my knowledge. I also verify that I did personally appear and sign this document. Signature Notary Public NMML IM JINN FICHE NOMY F'tm Seal MOUW JM . ADAW COWW MV CCx'W'" n Nov 30, 2004 4 e i % INDIVIDUAL ACKNOWLEDGI ENT State/Commonwealth of ?/ (cam County of ttiLCt• X-t S On this the ?l day of ?,Day, me, \J1,C Name Public, personally appeared _ Novew SEAL JUIJE A. HOSE f Nolary i?ub11C MONNt XW TWR ADAMS COU1101 W COMMMon E> MW 30. Other ?Uon ame Notary, Residence, etc.) 7- 15 p Above .. i` WITNESS my hand and officiaVseal. i , Place Notary Seal and/or Any OPTIONAL Although the information in this section not required by law, it may prove valuable to "thmb persons relying on the document and co d prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docu ent Title or Type of Document: Document Date: Signer(s) Other Than Named © 2002 National Notary Association • 9350 De Item No. 5936 ss. 121 c:- L Z-) C7 Month Year before E? C_ . the undersigned Notary e b -1'40 /1 Ei k ie-?< '2? 5- 21Y Name(s) of Signer(s) ? personally known to me - OR - t;z/proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same for the purposes therein stated. Number of Pages: e: Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Reorder: Call Toll-Free 1-800 US NOTARY (1-800-876-6827) a , 4 s t• BY RILK!'ULtVly ri?ua«??. Times Staff Writer ¦ State A 17-year-old Gettysburg High School student hit by a vehicle in Franklin Township on Wednesday was treated and released from Gettysburg Hospital for moderate injuries. According to police, Bobbi J. Barber, 37, of Orrtanna, was traveling north on Orrtanna Road at 6:40 a.m., when her 2005 Honda Pilot failed to stop for a school bus and struck Bradley A. Hill on his:lvtft side. The bus had its overhead red lights. flashing and its mechan- ical 'snap, sign was extended and flashing. Hill had started to walk aerm the travel lane to board the bus when he was bit. Fairfield Ambulance trans- ported Hill to the hospital. Charging documents were not available Thursday after- noon. ¦ A 16-year-old Gettysburg area student will be cited of charged as a result of being involved in an alleged thef caught on camera. State Trooper Michael Gant reported that a 16-year-olc female student at th( Gettysburg Area High School 11 0 Old Harrisbura Road admitted taking a pocketbool belonging to another 15-year old female student around p.m. Tuesday. The suspect reportedly too. the pocketbook after the .gctir left it in a lobby outside th school gym. When the victir returned, the pocketbook we gone. School officials notifie police they had a video of d accused taking the pocke book. Trooper Gantt stated that ft suspect was interviewed wil her mother present c Wednesday, and that the gi admitted taking the property. Charges to be filed Er awaiting an assessment of tl value of the pocketbook and i contents. Depending cm-the degroe the offense based on a value the property, a citation will 1 filed with District Justi Thomas Carr's office, or all gations will be filed' wi Adams County Juveni police are seeking information on the identity and whereabouts of an individual wanted in connection with a hit and run incident that occurred Thursday in Menallen Township. According to Trooper James David, a brown, 1999 Ford van was traveling west on Route 234 around 3:18 a.nt. when the vehicle exited the right lane and struck a utility pole. . The vehicle then continued to travel west and struck a sec- ond utility pole where it came to rest. The van carried Pennsylvania plate number GSW 5349. Anyone with information is asked to contact state police at 334-8111. tV A Bendeisville driver was Involved in a one-vehicle acci- dent in which the driver struck a pole Thursday in Menallen Township. State Trooper Sean Hoffman reported that Ashley Renee Poland, 26, driving a 1996 Jeep Cherokee, was traveling on Wenksville Road around 3:2$ a.m- when the driver attempted to avoid a vehicle that appeared to be crossing the center line of the road in the area of 1132 Wenksvitle Road. The Jeep struck a Met-Ed pole, causing severe front-end damage to the vehicle. Police did not state if the driver was injured or would be cited. i police are seeking infor- mation on a burglary that occurred Wednesday on Old Harrisburg Road- According to state Trooper James David, one or more sub- jects entered the' 19191 Old Harrisburg Road residence of Wayne Bonwitz, 28, around 2:55 a.m. and tampered with a gas pipe and wood burning stove. Anyone :1111th information is asked to contact state police at 334-8111 ¦ Police are continuing to investigate a hit and run that occurred Tuesday in Straban Township. Trooper Michael Gantt reported that a black and silver van with a storage compart- ment on its roof struck a 1995 Chevrolet Blazer being operat- ed by David Carbaugh, 18, York, around 3:05 p.m. in the area of 791 York Road (Route 30). Carbaugh was traveling east and the offending vehicle was traveling west. Police said the unidentified van crossed the center line, striking the left side of the Blazer. Carbaugh suffered mirror injuries from shattered glass from the driver side window. Anyone with information is asked to contact state police at 334-8111. A one-vehicle crash ursday in Memllen Township resulted in the seizure of drug paraphernalia. State Trooper Sean Hoffman stated that police responded around 3:28 a.m. to an accident in the area of 1132 Wenksville Road. ..: : wfi1 .,Dumg the b,ir?vr i?ai tion, TrooperHoffman report- ed that drug paraphernalia was found inside the vehicle as police searched for vehicle- related documents. The incident is still under investigation. ¦ State police are continu- ing to investigate a burglary that occurred April 1 in Fayette-Olle. Trooper Jonathan Wolfe stated that the burglary occurred at 105 Wagner Road. Anyone with information is asked to contact state police at 3348111. Refer to' incident number H06-1841338. ¦ Alejandra Nepita, 25, York springs, was charggd by state police with disorderly conduct following' an incident around 6:1.8 p.m. Monday in which the subject "caused pub- lic inconvenience and annoy- Police gave . the incident location as 102 Second St. Rick Fulton may be contact- ed at i fu tton(agburgtimes. corn. Exh#-a rc'lo • . FILED-a )F "E 4 THE f? UfF!,NOT 2009 MAY 11 PM 1; 21 cuto NIA I(05.5o ?Pp cle* 4o03 I.«4, 17307. 994,0 "I fro a I m4a PEGGY DIVELEY AND EDDIE DIVELEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ASHLEY POLAND AND DAVID EIKER DEFENDANT 2009-2943 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 13, 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, June 11, 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. 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 vow R+Y PEGGY DIVELEY and EDDIE DIVELEY,: IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-2943 ASHLEY POLAND and DAVID EIKER, : CIVIL ACTION - LAW Defendants : IN CUSTODY CERTIFICATE OF SERVICE I, Mindy S. Goodman, Attorney at Law, hereby certify that on May 17, 2009, 1 served a true and correct copy of the Complaint for Custody and Notice of Hearing to the above-captioned Defendants, by first class and certified mail as the following addresses: Ms. Ashley Poland Adams County Prison 45 Major Bell Lane Gettysburg, PA 17325 Ms. Ashley Poland 114 Ram Pike Hill Bendersville, PA 17306 First class mail to Bendersville address was not returned; however, certified mail to Bendersville address was returned after Defendant Poland failed to retrieve it from the post office. Certified mail sent to Defendant Poland at the Adams County Prison was received at the Prison on June 5, 2009. Return receipt card attached hereto as Exhibit A. Mr. David Eiker 150 Brysonia School Road Biglerville, PA 17307 Defendant Eiker signed an Acceptance of Service dated May 20, 2009 and attached hereto as Exhibit B. Respectfully submitted, Mindy S. Goodman Attorney at Law ID No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Complete items 1, 2, and 3. Also complete Rom 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArWe Addressed to: AAA A 5h 6-? Po (-.--p A kv--w's C--) ---N -b-1 P-1, S Ll S ?O ? &-I1 La" r--? A. Signa ?i r L? l ddn l7; resses B. R.c ed (Printed Name) C. ate o Delivery Gc-G 10 OAR - -- I s F O D. Is delivery addreis different from item 1 Yes If YES, enter delivery address below: 0 No 3. SS ice Type ?4'Certified d Mail 0 Express Mail ? Registered ? Return Receipt for Merchand?ee 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7004 2 510 0007 6531 7 819 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 rxtN is vr PEGGY DIVELEY and EDDIE DIVELEY,: IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-2943 ASHLEY POLAND and DAVID EIKER, : CIVIL ACTION - LAW Defendants : IN CUSTODY ACCEPTANCE OF SERVICE I, David Eiker, Defendant in the above-captioned matter, do hereby accept service of the Complaint for Custody and Notice of the conference scheduled for June 23rd at 9:30 a.m. Date: 55? David Eiker Esc A t3 I T 13 JUN 2 4 2009 PEGGY DIVELEY and EDDIE DIVELEY, Plaintiffs V. ASHLEY POLAND and DAVID EIKER, Defendants IN THE COURT OF COMMON CUMBERLAND COUNTY, PEN NO. 2009-2943 CIVIL ACTION - : IN CUSTODY ORDER OF COURT AND NOW, this 2Y day of 2009, ul - . ) -, consideration of the attached Custody Conciliation Report, it is ordered and di follows: S OF VANIA as 1. The paternal great grandparents, Peggy Diveley and Eddie Divel y, shall have primary legal custody of Dylan Eiker, born February 5, 2001 and Briana E ker, born July 13, 2003. The paternal grandparents may make all legal custody decisions ithout the input of the parents, but shall keep the parents informed of all major decisions concerning the children. 2. Paternal great grandparents shall have primary physical custody o?f the children. II 3. The parents may have periods of supervised physical custody or physical custody as agreed by the parties. 4. This Order is entered pursuant to a Custody Conciliation C parties may modify the provisions of this Order by mutual consent. In the mutual consent, the terms of this Order shall control. cc: Mindy S. Goodman, Esquire, Counsel for paternal great grandparents Ashley Poland, pro se Adams County Prison 45 Major Bell Lane Gettysburg, PA 17325 David Eiker, pro se C/O Mr. and Mrs. Eddie Diveley 150 Brysonia School Road 4- J. The of Biglerville, PA 17303 w r PEGGY DIVELEY and EDDIE DIVELEY, Plaintiffs V. ASHLEY POLAND and DAVID EIKER, Defendants PRIOR JUDGE: None IN THE COURT OF COMMON CUMBERLAND COUNTY, PEN NO. 2009-2943 CIVIL ACTION - IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the foll report: 1. The pertinent information concerning the Children who are the this litigation is as follows: NAME Dylan Eiker Briana Eiker S OF VANIA ect of DATE OF BIRTH CURRENTLY IN CUSTODY OF February 5, 2001 paternal great grandparents July 13, 2003 paternal great grandparents 2. A Conciliation Conference was held in this matter on June 23, 20 the following in attendance: The paternal great grandparents, Peggy Diveley and Diveley, with their counsel, Mindy S. Goodman, Esquire. Neither the Mother, A Poland, nor the Father, David Eiker, appeared, although they were served with nc the conciliation conference. 3. The paternal great grandparents requested an Order in the form as attached. 3-a9 . Date acq hne M. Verney, Esquire Custody Conciliator with of Fil t-- THE tiri e? c.V ri17 fi.J' 1,. i