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HomeMy WebLinkAbout05-4735STEVEN STONE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. DANIELLE DAVIDSON, CIVIL ACTION - LAW Defendant CHILD CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGA.DO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS S ERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 STEVEN STONE, Plaintiff V. DANIELLE DAVIDSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. dS -'/7'36' l_fc?iC, l CIVIL ACTION - LAW CHILD CUSTODY COMPLAINT FOR CHILD CUSTODY AND NOW comes the Plaintiff, Steven Stone, by and through his attorney, Mark T. Silliker, Esquire, and respectfully requests this Honorable Court award him custody of the subject minor child, and in support thereto, avers the following: 1. Plaintiff is Steven Stone, an adult individual residing at 409 West Main Street, I't Floor, Mechanicsburg, Cumberland County, Pennsylvania. 17055. 2. Defendant is Danielle Davidson, an adult individual whose last known address is Main Quest Treatment Center, 774 West Main Street, Rochester, New York 14611. 3. The subject child is Katrina D. Stone, born January 6, 2005. 4. The relationship of the Plaintiff to the subject minor child is that of natural father. 5. The relationship of the Defendant to the subject minor child is that of natural mother. 6. The minor child has resided at the following addresses, in the custody of the following individuals: a. From birth, January 6, 2005 until May 15, 2005 - The subject minor child resided at 292 Oxford Street, Apt. 10, Rochester, New York 14607, in the care and custody of both parents. b. From May 15, 2005 until August 19, 2005 - The subject minor child resided in the care and custody of the natural mother and a maternal aunt, Kathy Feeney, at 15 Cottonwood Road, Randolph, New Jersey 07869. c. From August 19, 2005 until present - The subject minor child has been in the care and custody of Plaintiff' Steven Stone, at 409 West Main Street, Mechanicsburg, Pennsylvania 17055. 7. There has been a prior action for custody of the subject minor child in the State of New York Family Court in Monroe County. However, the parties have not lived in New York since May 15, 2005. A copy of the Order is attached hereto as Exhibit «A„ 8. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 9. The Plaintiff believes and therefore avers that it is in the best interest of the subject minor child that he be awarded custody of the subject minor child as a result of Defendant Danielle Davidson's long history of substance abuse. Plaintiff received a call from the maternal aunt, Kathy Feeney, on or about August 19, 2005, and was advised to come and get the child because mother had not been seen for some time. 10. Plaintiff respectfully avers based on the aforegoing that Mother is unable to properly care for the subject minor child. 11. The Plaintiff believes and therefore avers that he can provide a proper home and is much better able to meet the needs of the subject minor child than the Defendant. 12. The Plaintiff believes and therefore avers that it is in the best interest of the subject minor child that she be placed in his legal and physical custody. WHEREFORE, Plaintiff requests this Honorable Court award him custody of the subject minor child. Respectfully submitted, THE LAW OFFICES OF Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Steven Stone 5922 Linglestown Road AFFIDAVIT I, %fVe? P SEE e , hereby certify that the aforegoing is 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. 4909 relating to unswom falsifications to authorities. Dated: 9 X ?,,,, At a Term of the Family Court of the State of New York, Held in and for the County of Monroe, at the Hall of Justice, Rochester, New York on the 16th day of June, 2005. PRESENT: Honorable Dandrea L. Ruhlmann Family Court Judge STATE OF NEW YORK COUNTY OF MONROE FAMILY COURT In the Matter of a Proceeding Under Article 6 of the Family Court Act Steven Stone, DocketNo.V05964-05 Petitioner, CUTYE -against- q Danielle Davidson, Respondent. 12005 OF iNE STATE OF NEW YO NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS NTY OF MONROE ORDER MAY, AFTER COURT HEARING, RESULT IN YOUR COMMITMENT TO JAIL FOR A TERM NOT TO EXCEED SIX (6) MONTHS, FOR CONTEMPT OF COURT. The Petitioner, Steven Stone, having filed a custody petition, and the matter having come on to be heard; and Petitioner, Steven Stone, having appeared with Counsel, Joseph Miller, Esq.; and Respondent, Danielle Davidson, having appeared with counsel, Jon M. Stern, Esq.; and the minor child having appeared through the Law Guardian, Lori Robb, Esq.; and the Court having heard from counsel and all parties present; and upon the agreement of all V parties present, NOW, therefore; it is hereby ORDERED, that the parties shall share joint custody of the minor child, with Respondant/Mother having primary physical residence:; and it is further EXHIBIT I I? ORDERED, that the Petitioner/Father shall have visitation with the minor child every 1 ther weekend, from Thursday at 12:00 p.m. until Sunday at 6:00 p.m., commencing June 23, 2005; and it is further ORDERED, that Petitioner/Father shall be entitled to such further and other visitation as the parties may mutually agree, including an equitable division of holidays; and it is further ORDERED, that Petitioner/Father shall be entitled to one (1) week uninterrupted visitation with the minor child per year, as agreed. with the Respondent/Mother; and it is further ORDERED, that Petitioner/Father shall be responsible for picking the child up at the start of his periods of visitation, and that Respondent/Mother shall be responsible for picking the child up at the end of Father's visits; and it is further ORDERED, that the following persons are authorized to provide transportation for the minor child; the paternal Grandparents, the paternal Aunt, the maternal Grandparents, and the maternal Great-Aunt, and whomever else the parties my mutually agree upon; and it is further ORDERED, that neither party shall make disparaging remarks about the other in the presence of the child, nor should they allow third parties to do so; and it is further ORDERED, that neither party shall be under the influence of drugs or alcohol in the presence of the child; and it is further ORDERED, that neither party shall leave the child with an inappropriate caretaker; and it is further ORDERED, that both parties shall keep the other appraised of their then current address and telephone numbers; and it is further ORDERED, that each party shall notify the other party immediately of any emergency ,,b? involving the minor child -za Signed at Rochester, New York, on the day of r-_ ..DE E ENT ?' TERED JUL ,1 52005 H ORABLEDAND F ly Court Judge = FAM4YCOURI -- Cr0STATE OF N YORK UUItO 41 NROC EW 2005. PURSUANT TO §1113 OF THE FAMILY COURT ACT, AN APPEAL MUST BE TAKEN WITHIN THIRTY DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, THIRTY-FIVE DAYS FROM THE MAILING OF THE ORDER TO THE APPELLANT BY THE CLERK OF THE COURT, OR THIRTY DAYS AFTER SERVICE BY A PARTY OR LAW GUARDIAN UP THE APPELLANT, WHICHEVER IS EARLIEST. N -Oki ?s J I T l c l) \ C7 b ? J STEVEN STONE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4735 CIVIL ACTION LAW DANIELLE DAVIDSON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, September 16, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 oil Thursday, October 13, 2005 __ _ at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. ?I By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -f So 175 MNVAIAM42d ZO :Z Rd 91 d3S SOOZ n'tVi0NOiUO'dd ?U. d0 30)20-13113 STEVEN STONE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIELLE DAVIDSON : NO. 2005 - 4735 CIVIL TERM ORDER OF COURT AND NOW, this 21 IT day of OCTOBER, 2005, having been in contact with the Honorable Dandrea Lynn Ruhlmann, Judge of the Monroe County Family Court in the State of New York, and having confirmed that a hearing in this mater is scheduled before her on October 31, 2005, proceedings in this action are stayed pending the outcome of said hearing. Edward E. Guido, J. Xark T. Silliker, Esquire ,._?anielle Davidson, Esquire .? Xnorable Dandrea Lynn Ruhlmann , Monroe County Family Court 99 Exchange Blvd. -' ?Rochester, N.Y. 14614 sld STEVEN STONE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-4735 CIVIL ACTION LAW DANIELLE DAVIDSON Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Katrina D. Stone January 6, 2005 2. A conciliation conference was held on October 13, 2005, with the following individuals in attendance: The Father, Steven Stone, with his counsel, Mark T. Silliker, Esquire, and the Mother, Danielle Davidson, who is not represented by counsel in this matter. 3. The Father filed this Complaint for Custody seeking primary physical custody of the Child. The Father currently resides and works in Mechanicsburg and the Mother currently resides in New Jersey with her parents and is a student. Prior to May 2005, the parties resided together, with the Child in New York. The parties separated in May 2005 at which time the Mother moved to New Jersey to reside with her sister and the Father moved to Mechanicsburg. Prior to leaving New York, both parties filed custody petitions in New York and an Order was entered by agreement on July 7, 2005 by the Monroe County, New York Court under which the Mother had primary physical custody of the Child and the Father had partial custody on alternating weekends from Thursday through Sunday. The Order also provided that if either party became incarcerated or hospitalized, the other party would have primary custody until further Order of Court. Pursuant to the New York Court's Order, the Child resided primarily with the Mother in New Jersey subject to the Father's periods of partial custody in Pennsylvania until August 19, 2005 at which time the Father obtained custody of the Child (the parties disagree as to the circumstances) and the Child continued to reside with the Father until the date of the conciliation conference. In early October, the Mother filed a Rule to Show Cause in the New York Court seeking the Child's return to her custody. The New York Court granted the Mother's request and entered an ex parte Order on October 11, 2005 requiring the Father to return the Child to the Mother's custody. The New York Court also scheduled a hearing on the Mother's Petition for October 31, 2005. 4. Although the Mother did not file Preliminary Objections or otherwise formally file a challenge to this Court's jurisdiction, the Mother indicated at the conciliation conference that she intended to proceed through the New York Court and stated that she did not wish to participate in the conciliation conference further without the presence of her attorney. 5. There was no agreement reached at the conciliation conference as to either the jurisdictional issue or the basic custody arrangements. After obtaining guidance from the Court during the conciliation conference, the conciliator submits the attached Order scheduling a hearing and establishing temporary custodial arrangements pending the hearing. 6. The Father's position on custody is as follows: The Father believes that the Mother is unable to provide appropriate care for the Child due to her long history of substance abuse and recent relapse. The Father indicated that he was contacted by the Mother's sister on August 19, who requested that he pick up the Child as the Mother had been absent for a long period of time. The Father stated that the Mother had no contact with the Child from August 19 through the date of the conciliation conference and he believed that the Mother had been hospitalized for addiction problems during that time. The Father believes it would be in the best interest of the Child to continue to reside primarily with him in Pennsylvania. The Father argued that he is not in violation of the New York Order by retaining custody of the Child pursuant to the provision in that Order allowing him to assume primary custody in the event the Mother was hospitalized. 7. The Mother's position on custody is as follows: The Mother adamantly denied the Father's allegations that she had a relapse in August and indicated that she has not been hospitalized or placed in a rehabilitation program in the last three years. The Mother stated that the Father obtained custody of the Child on August 19 as a result of an agreement that he would have a three week period of custody with the Child and that the Child would be returned to her care thereafter. The Mother indicated that she is now living with her parents in New Jersey and is able to provide proper care for the Child. The Mother believes the Father is in violation of the New York Order and intends to proceed with the enforcement proceedings scheduled in the New York Court on October 31, 2005. The Mother indicated that the Father refused to allow her any contact with the Child since August 19 despite her efforts to see the Child. The Mother believes it would be in the best interest of the Child to reside primarily with her in New Jersey. 8. Based upon the guidance obtained from the Court and the representations made by the parties during the conciliation conference, the conciliator recommends an Order in the form as attached. It is expected that the hearing will require at least one half day. Q Goon / `f-? Date Dawn S. Sunday, Esquire Custody Conciliator STEVEN STONE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005 - 4735 CIVIL TERM DANIELLE DAVIDSON, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR INTERIM RELIEF AND NOW comes the Petitioner/Plaintiff, Steven Stone, by and through his attorney Mark T. Silliker, Esquire, and respectfully avers the following: 1. The Petitioner/Plaintiff in the above-captioned matter, is Steven Stone, an adult individual currently residing at 409 West Main Street, First Floor, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent/Defendant is Danielle Davidson, an adult individual currently residing at 84 Brooklyn Road, Stanhope, New Jersey 07874. 3. The subject minor child is Katrina Data Stone, born January 6, 2005. 4. The relationship of the Petitioner/Plaintiff to the subject minor child is that of natural father. 5. The relationship of the Respondent/Defendant to the subject minor child is that natural mother. 6. A Conciliation Conference was held before Dawn S. Sunday, Esquire, on October 13, 2005. As a result of said conference, Ms. Sunday issued a report to this Honorable Court, a copy of which is attached hereto and marked Exhibit "A". In said report, Ms. Sunday recommended that Petitioner/Plaintiff be temporarily granted primary physical custody, with reasonable periods of partial custody for Respondent/Defendant consisting of Thursday through Monday. However, there was an existing Court Order from New York State. Therefore, the Honorable Edward E. Guido issued an Order directing that the Cumberland County case would be held abeyance, pending further disposition by the New York Court. A copy of said Order is attached hereto and marked Exhibit `B". 7. The Monroe County Court in New York has now ruled in this jurisdictional matter, and the Family Court of Monroe County has dismissed the case because neither party to the action resides in Monroe County, New York. A copy of the Order from the Monroe County Court is attached hereto and incorporated herein, marked Exhibit "C". Thus, the only active case now is the one before this Court. 8. The Conciliator recommended that primary physical custody be placed with Father pending trial. Furthermore, the Conciliator prepared a proposed Order of Court, which is attached hereto and marked Exhibit "D". 9. Petitioner/Plaintiff originally filed this action for custody because he had found that the Respondent/Defendant had again begun using heroin. Furthermore, Respondent/Defendant's parents had called the Plaintiff approximately six weeks earlier advising him of this fact, and asked him to come and take custody of the subject minor child. 10. Thereafter, a Custody Conciliation Conference was held in Cumberland County before Dawn Sunday on October 13, 2005. It should be noted that the Respondent/Defendant left the Conciliation Conference with the subject minor child. However, her father contacted the Petitioner/Plaintiff the next day and advised him that the Respondent/Defendant, Danielle Davidson, had left his home, and that it was feared that she had disappeared because of ongoing heroin addiction. Although the subject minor child has now lived with Father for the past five weeks, neither party actually has legal/physical custody because the New York Order has been dismissed. 11. It should be noted that Mother did not attend the most recent hearing in New York State on October 31, 2005. It should also be noted that Father did allow Mother a full weekend visitation this past weekend, from Friday, November 19, through Sunday November 20. Furthermore, Father envisions that visitation would continue, pursuant to the terms and conditions of Dawn Sunday's recommended Order. 12. Petitioner/Plaintiff is concerned because although the subject minor child has been residing with him, technically speaking no one has primary physical custody. Based on this, as well as Mother's ongoing battle with heroin addiction, Father would respectfully request this Honorable Court incorporate the terms of the Order recommended by the Custody Conciliator, Dawn Sunday, and issue an Interim Temporary Order, pending trial, granting him primary physical custody of the subject minor child, with reasonable and indeed liberal visitation rights unto the natural Mother. WHEREFORE, Petitioner respectfully requests this Honorable Court issue a Temporary Order, granting him custody, as set forth in the report recommended by Custody Conciliator Dawn S. Sunday. Date: L') '2 /6 Respectfully submitted, ark T. zi, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 ID No. 33671 Attorney for Steven Stone STEVEN STONE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005 - 4735 CIVIL TERM DANIELLE DAVIDSON, CIVIL ACTION -LAW Defendant IN CUSTODY AFFIDAVIT Subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, I, Mark T. Silliker, Esquire, declare that I am the attorney for Plaintiff, that I am authorized to make this verification on his behalf, that the facts set forth in the aforegoing Petition for Interim Relief are based upon information supplied to me by my client and upon my own knowledge which I believe to be true and correct, and time is of the essence. Date: T. Silliker, Esquire STEVEN STONE, Plaintiff V. DANIELLE DAVIDSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 4735 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Petition for Interim Relief was mailed to Danielle Davidson on November 22, 2005, by first-class mail, addressed as follows: Danielle Davidson 84 Brooklyn Road Stanhope, NJ 07874 I hereby certify that the aforegoing is 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. Date: Renee Dreisbach STEVEN STONE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. DANIELLE DAVIDSON Defendant 05-4735 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Katrina D. Stone January 6, 2005 2. A conciliation conference was held on October 13, 2005, with the following individuals in attendance: The Father, Steven Stone, with his counsel, Mark T. Silliker, Esquire, and the Mother, Danielle Davidson, who is not represented by counsel in this matter. 3. The Father filed this Complaint for Custody seeking primary physical custody of the Child. The Father currently resides and works in Mechanicsburg and the Mother currently resides in New Jersey with her parents and is a student. Prior to May 2005, the parties resided together, with the Child in New York. The parties separated in May 2005 at which time the Mother moved to New Jersey to reside with her sister and the Father moved to Mechanicsburg. Prior to leaving New York, both parties filed custody petitions in New York and an Order was entered by agreement on July 7, 2005 by the Monroe County, New York Court under which the Mother had primary physical custody of the Child and the Father had partial custody on alternating weekends from Thursday through Sunday. The Order also provided that if either party became incarcerated or hospitalized, the other party would have primary custody until further Order of Court. Pursuant to the New York Court's Order, the Child resided primarily with the Mother in New Jersey subject to the Father's periods of partial custody in Pennsylvania until August 19, 2005 at which time the Father obtained custody of the Child (the parties disagree as to the circumstances) and the Child continued to reside with the Father until the date of the conciliation conference. In early October, the Mother filed a Rule to Show Cause in the New York Court seeking the Child's return to her custody. The New York Court granted the Mother's request and entered an ex parte Order on October 11, 2005 requiring the Father to return the Child to the Mother's custody. The New York Court also scheduled a hearing on the Mother's Petition for October 31, 2005. EXHIBIT 9 y 4. Although the Mother did not file Preliminary Objections or otherwise formally file a challenge to this Court's jurisdiction, the Mother indicated at the conciliation conference that she intended to proceed through the New York Court and stated that she did not wish to participate in the conciliation conference further without the presence of her attorney. 5. There was no agreement reached at the conciliation conference as to either the jurisdictional issue or the basic custody arrangements. After obtaining guidance from the Court during the conciliation conference, the conciliator submits the attached Order scheduling a hearing and establishing temporary custodial arrangements pending the hearing. 6. The Father's position on custody is as follows: The Father believes that the Mother is unable to provide appropriate care for the Child due to her long history of substance abuse and recent relapse. The Father indicated that he was contacted by the Mother's sister on August 19, who requested that he pick up the Child as the Mother had been absent for a long period of time. The Father stated that the Mother had no contact with the Child from August 19 through the date of the conciliation conference and he believed that the Mother had been hospitalized for addiction problems during that time. The Father believes it would be in the best interest of the Child to continue to reside primarily with him in Pennsylvania. The Father argued that he is not in violation of the New York Order by retaining custody of the Child pursuant to the provision in that Order allowing him to assume primary custody in the event the Mother was hospitalized. 7. The Mother's position on custody is as follows: The Mother adamantly denied the Father's allegations that she had a relapse in August and indicated that she has not been hospitalized or placed in a rehabilitation program in the last three years. The Mother stated that the Father obtained custody of the Child on August 19 as a result of an agreement that he would have a three week period of custody with the Child and that the Child would be returned to her care thereafter. The Mother indicated that she is now living with her parents in New Jersey and is able to provide proper care for the Child. The Mother believes the Father is in violation of the New York Order and intends to proceed with the enforcement proceedings scheduled in the New York Court on October 31, 2005. The Mother indicated that the Father refused to allow her any contact with the Child since August 19 despite her efforts to see the Child. The Mother believes it would be in the best interest of the Child to reside primarily with her in New Jersey. 8. Based upon the guidance obtained from the Court and the representations made by the parties during the conciliation conference, the conciliator recommends an Order in the form as attached. It is expected that the hearing will require at least one half day. OCR Date Dawn S. Sunday, Esquire 15r Custody Conciliator STEVEN STONE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIELLE DAVIDSON : NO. 2005 - 4735 CIVIL TERM ORDER OF COURT AND NOW, this 21sT day of OCTOBER, 2005, having been in contact with the Honorable Dandrea Lynn Ruhlmann, Judge of the Monroe County Family Court in the State of New York, and having confirmed that a hearing in this mater is scheduled before her on October 31, 2005, proceedings in this action are stayed pending the outcome of said hearing. Edward E. Guido, J. Mark T. Silliker, Esquire Danielle Davidson, Esquire Honorable Dandrea Lynn Ruhlmann Monroe County Family Court 99 Exchange Blvd. Rochester, N.Y. 14614 :sld EXHIBIT s ?I?. COULD & PECK AMS _L3R 1L11; 0.5 FRI 13:34 FAX 5$55100031 Navemaer l , 200E NOP:pjp SlUikef Af'jdm t At a term of the Family Court held in and for the County of Monroe at the Hall of Justice, Civic Center Plaza, Rochester, New York, on the 31 s` day of October, 2005. PRESENT: The Hon. Dandrea L. Ruhimann Family Court Judge STATE OF NEW YORK FAMILY COURT COUNTY OF MONROE In the Matter of a Proceeding Under The 'Uniform Child Custody Jurisdiction And Enforcement Act DANIELLE DAVIDSON, Petitioner, ORDER vs. STEVEN STONE, - Respondent. File No. 36940 Docket No. V-06483-051A Petitioner, Danielle Davidson, having commenced this proceeding by Order To Show Cause on October 11, 2005 seeking an Order granting her permission to pick up the infant child of the parties, Katrina Cara Stone, bom January 6, 2005, from the Respondent in Cumberland County, Pennsylvania, and the Court - having made a Temporary Order on October 11, 2005, and the Respondent, Steven Stone, having filed .an Affidavit in opposition to the relief requested by Petitioner which Affidavit was dated and verified the 21" day of October, 2005, and the Court having had contact with The Honorable Edward E. Guido, Judge in the Court of Common Pleas of Cumberland County, Pennsylvania, and the Respondent having appeared before the-Court on .the 31'' day of October, 2005, with his attorney, Gould, Peck, Metzier & Cognata LLP, Nancy D. EEXHIBIT : (0 FRI 15:55 F.i`: 55n-lW 51 l".UI'LP fi PECK -iT'I'S5 11.-1? November 1, _005 NDP;pjp SiAker Affidavit ?I !? ruz Peck, JEsq., of counsel, and the Petitioner having failed to appear, r ..t 4 r-?-? ?...«-,, u.?-Y+...N.u,r?(„ y.? (?,.r^'4*+^-lsa,y.rl Cn+......t?. ? ;+?aVm'...-? ?<rC. <J NOW, upon motion of the Respondent, it is hereby /'i ^ "' i ORDERED, ADJUDGED AND DECREED, that the October 11, 2005 Temporary Order of this court is hereby vacated in all respects, and it is further ORDERED, ADJUDGED AND DECREED, that the State of New York is not the home state of the infant, Katrina Dara Stone, and ?bat w4ted f Dated: Rochester, Newv York -- tsltzvernher._; 2005 ENTER FJO'J - 3 Q a ace •.. a" Judge of the Family Court 2 STEVEN STONE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-4735 CIVIL ACTION LAW DANIELLE DAVIDSON Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2005, 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 Courthouse, Carlisle, Pennsylvania on the day of , 2005, at o'clock _. in., at which time testimony will be taken. For purposes of the hearing, the Father, Steven Stone, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Until such time as this Order is entered by the Court the Mother shall have primary physical custody of the Child pursuant to the Order entered by the New York Court on July 7, 2005 and the transfer of custody to the Mother shall take place on the day of the custody conciliation conference. 3. Within two days after the Mother has received this Order, primary physical custody of the Child shall be transferred to the Father, who shall provide transportation for the exchange of custody. Thereafter, pending the hearing and further Order of this Court, the Father shall have primary physical custody of the Child and the Mother shall have partial physical custody on alternating weekends from Thursday through Monday, with the specific times for exchanges to be set by the party receiving custody, who shall be responsible for providing transportation for the exchange of custody. The altemating weekend schedule shall begin with the Mother having custody of the Child on the Thursday following the Father's first full weekend (Thursday through Monday) after the Father obtains primary custody under this Order. BY THE COURT, Edward E. Guido cc: Mark T. Silliker, Esquire - Counsel for Father Danielle Davidson. Mother n ?? n ?ti ? ;4'. ^, ?_ c,, i. , r ` ?. ?? ... J f.`" STEVEN STONE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. DANIELLE DAVIDSON Defendant CIVIL ACTION LAW 05-4735 IN CUSTODY ORDER OF COURT AND NOW, this day of 2005, 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 Cumberl d County Courthouse Carlisle, Pennsylvania on the 11A day of , 2006 at /. Alo'clock Z. in., at which time testimony will be taken. For p oses of the hearing, the Father, Steven Stone, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Until such time as this Order is entered by the Court the Mother shall have primary physical custody of the Child pursuant to the Order entered by the New York Court on July 7, 2005 and the transfer of custody to the Mother shall take place on the day of the custody conciliation conference. 3. Within two days after the Mother has received this Order, primary physical custody of the Child shall be transferred to the Father, who shall provide transportation for the exchange of custody. Thereafter, pending the hearing and further Order of this Court, the Father shall have primary physical custody of the Child and the Mother shall have partial physical custody on alternating weekends from Thursday through Monday, with the specific times for exchanges to be set by the party receiving custody, who shall be responsible for providing transportation for the exchange of custody. The alternating weekend schedule shall begin with the Mother having custody of the Child on the Thursday following the Father's first full weekend (Thursday through Monday) after the Father obtains primary custody under this Order. BY cc: Mark T. Silliker, Esquire - Counsel for Father Danielle Davidson, Mother Edward E. Guido J. .. ,? ,, nu`; ` ii ?l.i ?;i,.,C!??.? J u.! 4L STEVEN STONE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005 - 4735 CIVIL TERM DANIELLE DAVIDSON, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Petition for Interim Relief as well as Order of Court scheduling a custody hearing for January 9, 2006, at 1:00 p.m. was mailed to Defendant, Danielle Davidson, on December 6, 2005, by Certified Mail, to the following addresses: Danielle Davidson C/o Kathy Feeney 15 Cottonwood Road Randolph, NJ 07869 Danielle Davidson C/o Thomas and Dora Davidson 84 Brooklyn Road Stanhope, NJ 07874 I hereby certify that the aforegoing is 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. "4 4- Date: lz - ?Ir ?. epee Dreisbach 4, ¦ Coy. - , 1, 2, and 3. Also complete item -. -;rricted Delivery is desired. ¦ Print yo,.. 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. Article Addressed to: it 'Dr'L J, C lL-? 7?? 7as s !tea f ?an.? 5 t?,n hr?-se, '? 7001 1940 0006 2489 1286 PS Form 3811, August 2001 Domestic Return Receipt A. S nature ' 1 / ?/Agent X Y ? Addressee B. ecei (Pri ted Name) C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No t l 3. S rvice Type C Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise,`, ? Insured Mail ? C.O.D. L.1 4. Restricted Delivery? (Extra Feel q3ke. 102595-01-M-0381 ¦ ComF , 1, 2, and 3. Also complete item 4 i, tricted 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. A. Signature X }.1 11 1. Article Addressed to:? y /G•?:CPC I?XoJ:T ? J L( t? le., 1h4 i-,e&nei1 A-) -T 0796,ei of Is del' d iffera m item 1? ? es If YEN enter address below: ? No OdJ 2 V f? 3. Service Type r Certified Mail ? Express Mail C ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. _.,t 4. Restricted Delivery? (Extra Fee) 1t?Ves 2 nrtwie Numhcr 7001 1940 OD06 2489 1279 PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-0381 ?' > '.I 1" ?.-. ^T. ?:.. :A iV ? N N STEVEN STONE, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE DAVIDSON, Defendant NO. 05-4735 CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW this 31'-;' day of '2006, U'l upon consideration of the attached Stipulation for Child Custody, it is hereby ORDERED AND DECREED as follows: It is the intention of the parties and the parties agree that they will have shared legal custody of the subject minor child. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S.A. §5309. Plaintiff Steven Stone shall have primary physical custody of the subject minor child. Defendant Danielle Davidson shall be entitled to alternating weekends, from Thursday at 1:00 p.m. until Sunday at 5:00 p.m. 4. Defendant shall be entitled to reasonable periods of partial custody during the Thanksgiving and Christmas holiday periods, with the exact details to be negotiated between the parties. It is agreed between the parties, and directed by this Honorable Court, that Danielle Davidson's periods of partial custody shall occur at the home of her parents, Thomas and Dora Davidson. Furthermore, in the event that Danielle Davidson does not exercise her periods of partial custody at the home of her parents, then she and/or her parents shall immediately inform Plaintiff of this development. 6. It is agreed between the parties, and further ordered by this Honorable Court, that Danielle Davidson shall continue with all counseling regarding her addiction. She is further directed to provide Plaintiff with whatever consents are necessary to enable him to communicate with her counselor so that her counselor will immediately notify Mr. Stone, in the event Danielle should suffer any sort of relapse, cease counseling, or take any other steps that may adversely affect the minor child. Defendant further agrees that in the event any situation may occur which might be harmful to the subject minor child, then her parents are also empowered to notify the Plaintiff. 7. Plaintiff Steven Stone and/or his family, shall provide transportation at the beginning of Danielle Davidson's periods of partial custody, by transporting the child to the home of her parents. Defendant Danielle Davidson shall provide transportation at the end of her periods of partial custody, such that either she or her family will transport the subject minor child back to Plaintiff's home on Sunday afternoons. It is further agreed that commencing April 15, 2006, Danielle Davidson and/or her family, shall be responsible for all transportation regarding her periods of partial custody. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance; neither shall they consume alcoholic beverages to the point of intoxication or smoke around the child. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. 9. Plaintiff and Defendant shall refrain from making derogatory comments about the other party. 10. The parties shall cooperate fully, communicate freely, and generally work together in order to ensure the best interest of the subject minor child. J. { 11% IV r rr,\ L? IIJ 12 Spill STEVEN STONE, v. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE DAVIDSON, Defendant NO. OSA735 : CIVIL ACTION -LAW : IN CUSTODY STIPULATION The parties hereto, Plaintiff Steven Stone and Defendant Danielle Davidson, hereby voluntarily and otherwise knowingly agree to the following Stipulation, relative to the care and custody of their minor child, Katrina Dam Stone: It is the intention of the parties and the parties agree that they will have shared legal custody of the subject minor child. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S.A. §5309. 2. Plaintiff Steven Stone shall have primary physical custody of the subject minor child. 3. Defendant Danielle Davidson shall be entitled to alternating weekends, from Thursday at 1:00 p.m. until Sunday at 5:00 p.m. 4. Defendant shall be entitled to reasonable periods of partial custody during the Thanksgiving and Christmas holiday periods, with the exact details to be negotiated between the parties. It is agreed between the parties, and directed by this Honorable Court, that Danielle Davidson's periods of partial custody shall occur at the home of her parents, Thomas and Dora Davidson. Furthermore, in the event that Danielle Davidson does not exercise her periods of partial custody at the home of her parents, then she and/or her parents shall immediately inform Plaintiff of this development. 6. It is agreed between the parties, and further ordered by this Honorable Court, that Danielle Davidson shall continue with all counseling regarding her addiction. She is further directed to provide Plaintiff with whatever consents are necessary to enable him to communicate with her counselor so the her counselor will immediately notify Mr. Stone, in the event Danielle should suffer any sort of relapse, cease counseling, or take any other steps that may adversely affect the minor child. Defendant further agrees that in the event any situation may occur which might be harmful to the subject minor child, then her parents are also empowered to notify the Plaintiff. 7. Plaintiff Steven Stone and/or his family, shall provide transportation at the beginning of Danielle Davidson's periods of partial custody, by transporting the child to the home of her parents. Defendant Danielle Davidson shall provide transportation at the end of her periods of partial custody, such that either she or her family will transport the subject minor child back to Plaintiffs home on Sunday afternoons. It is further agreed that commencing April 15, 2006, Danielle Davidson and/or her family, shall be responsible for all transportation regarding her periods of partial custody. 8. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance; neither shall they consume alcoholic beverages to the point of intoxication or smoke around the child. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. 9. Plaintiff and Defendant shall refrain from making derogatory 62 MARK T. SILLIKER KRISTIN R. REINHOLD January 26, 2006 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Steven Stone v. Danielle Davidson No. 05-4735 Dear Judge Guido: PHONE: (717) 671-1500 FAX: (717) 671-8968 I have enclosed a signed Stipulation, as well as an attached Order relative to the above- captioned matter. This case had been scheduled for a trial on Monday, January 9, 2006, at 1:00 p.m. However, fortunately the parties were able to come to an agreement. If there should be any questions or problems whatsoever, please do not hesitate to contact me, and I will be more than happy to assist as best I can. Otherwise, on behalf of this office, as well as the parties, I would very much like to thank you and your staff for your time and consideration herein. Sincerely, Mark T. Silliker MTS/mdd Enclosure SILLIKER & REINHOLD LAW OFFICES 5922 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA 17112 Cc: Steven Stone Danielle Davidson STEVEN STONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law DANIELLE DAVIDSON, Defendant IN CUSTODY : No. 05-4735 PETITION TO MODIFY CUSTODY AND NOW, comes Danielle Davidson, by and through her counsel, Michael J. Whare, Esquire and in support of her Petition to Modify Custody avers as follows: 1. Petitioner is Danielle Davidson, hereinafter referred to as "Mother". 2. Respondent is Steven Stone, hereinafter referred to as "Father". 3. The parties are the parents of Katrina Dara Stone, born January 6, 2005, hereinafter referred to as "Child". 4. On January 31, 2006, The Honorable Edward E. Guido entered a Custody Order based on an agreement entered into by the parties. (Attached as Exhibit A) 5. Since the entry of said Order, there has been a significant change in circumstances in that: a) Mother no longer has addiction problems. b) Mother can provide a safe and stable environment for the Child. c) The previous agreement was agreed to by Mother with the understanding that once she could provide a safe and stable environment for the Child, primary physical custody of the Child would be returned to Mother. 6. The best interest of the Child will be served by the Court modifying said Order. WHEREFORE, Petitioner respectfully requests this Honorable Court grant her Petition to Modem Custody. Respectfully submitted, Date: Z?7 9-dQ /??' j // L"4 Michael I Whare, squire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff STEVEN STONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law DANIELLE DAVIDSON, Defendant No. 05-4735 IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 1818 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. Dater Danielle Davidson, Petitioner ATr041?xS AT LA„W. ? ? 3922 LL?I t?ESTOWN?ZOA? ?? w???r?a lik-RIS Y FF' n r ASIA L r 11 j? f ]Lr rrE i?}7G71 LSOQ ?Pp 1 STEVEN STONE, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE DAVIDSON, Defendant NO. 05-4735 CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW this day of 2006 . f upon consideration of the attached Stipulation for Child Custody, it is hereby ORDERED AND DECREED as follows: It is the intention of the parties and the parties agree that they will have shared legal custody of the subject minor child. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies, of any reports given to either party as a parent pursuant to 23 Pa.C.S.A. §5309. 2. Plaintiff Steven Stone shall have primary physical custody of the subject minor child. 3. Defendant Danielle Davidson shall be entitled to alternating weekends, from Thursday at 1:00 p.m. until Sunday at 5:00 p.m. 4. Defendant shall be entitled to reasonable periods of partial custody during the Thanksgiving and Christmas holiday periods, with the exact details to be negotiated between the parties. 5. It is agreed between the parties, and directed by this Honorable Court, that Danielle Davidson's periods of partial custody shall occur at the home of her parents, Thomas and Dora Davidson. Furthermore, in the event that Danielle Davidson does not exercise her periods of partial custody at the home of her parents, then she and/or her parents shall immediately inform Plaintiff of this development. 6. It is agreed between the parties, and further ordered by this Honorable Court, that Danielle Davidson shall continue with all counseling regarding her f addiction. She is further directed to provide Plaintiff with whatever consents are necessary to enable him to communicate with her counselor so that her counselor will immediately notify Mr. Stone,.in the event Danielle should suffer any sort of relapse, cease counseling, or take any other steps that may adversely affect the minor child. Defendant further agrees that in the event any situation may occur which might be harmful to the subject minor child, then her parents are also empowered to notify the Plaintiff. 7. Plaintiff Steven Stone and/or his family, shall provide transportation at the beginning of Danielle Davidson's periods of partial custody, by transporting the child to the home of her parents. Defendant Danielle Davidson shall provide transportation at the end of her periods of partial custody, such that either she or. her family will transport the subject minor child back to Plaintiff's home on Sunday afternoons. It is further agreed that commencing April 15, 2006, Danielle Davidson and/or her family, shall be responsible for all transportation regarding her periods of partial custody. 8. During any period.of custody or visitation, the parties to this Order shall not possess or use any controlled substance; neither shall they consume alcoholic beverages-to the point of intoxication or smoke around the child. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. 44 I 9. Plaintiff and Defendant shall refrain from making derogatory comments about the other party. 10. The parties shall cooperate fully, communicate freely, and generally work together in order to ensure the best interest of the subject minor child. BY'T'HE COURT/: J. r P7 .r all gU ?;A7;1C7 923 1 Y h T-I r r h W, h STEVEN STONE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIELLE DAVIDSON DEFENDANT 2005-4735 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 31, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, January 22, 2009 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -lip / ' -- ? Mf!, +. V? ?,,+. X11 a'+ t? MAR 0 2 200W ., STEVEN STONE Plaintiff vs. DANIELLE DAVIDSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-4735 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 14 +-` day of po ..A ? 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Order. The prior Order of this Court dated January 31, 2006 is vacated and replaced with this 2. The Father, Steven Stone, and the Mother, Danielle Davidson, shall have shared legal custody of Katrina Dara Stone, born January 6, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. Until June, 2009, the Mother shall have partial physical custody of the Child on alternating weekends from Wednesday through Sunday and the Father shall have custody at all other times. B. Beginning with the Mother's first alternating weekend in June 2009, the Mother shall have custody of the Child during alternating weeks, with the first alternating weekly period of custody to run from Wednesday through Sunday no later than 5:00 p.m. and the second alternating weekly period of custody to run from Sunday through Sunday at no later than 5:00 p.m. For example, during June 2009 the Mother shall have custody of the Child from Wednesday June 3 through Sunday June 7, from Sunday June 14 through Sunday June 21 and from Wednesday June 31 through Sunday July 4. The Father shall have custody of the Child at all times not otherwise specified for the Mother. This alternating bi-weekly schedule shall continue throughout the summer 2009 until September 1, 2009. C. Beginning on September 1, 2009, and continuing until June 2010, the Mother shall have custody of the Child on alternating weekends from Wednesday through Sunday no later than 5:00 p.m. and the Father shall have custody of the Child at all other times. D. Beginning in the summer 2010, the Father shall have custody of the Child on alternating weekends from Friday through Sunday and during one (1) full week in June, one (1) full week in July, and one (1) full week in August which shall be scheduled during the week immediately before school begins. The Father shall schedule his weeks of custody to include his alternating weekend periods of custody. The Mother shall have custody of the Child at all times not otherwise scheduled for the Father in this provision. E. When the Child begins kindergarten in September 2010, the Child shall be enrolled in the Father's school district and shall reside primarily with the Father during the school year with the Mother having custody on alternating weekends from Friday through Sunday. It is anticipated that the Mother will have primary custody of the Child during the summer school breaks after the Child is enrolled in school. The parties agree to cooperate in establishing a custody schedule by agreement for the summers after the Child begins school. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Thanksgiving: The Thanksgiving holiday period of custody shall run from Wednesday through the weekend following Thanksgiving. In odd-numbered years the Father shall have custody of the Child for Thanksgiving and in even-numbered years, the Mother shall have custody. The parties shall exchange weekends, if necessary to accommodate the holiday custody schedule. B. Christmas: The Christmas holiday period of custody shall run from December 23`d through December 26th. In odd-numbered years, the Mother shall have custody of the Child for Christmas and in even-numbered years the Father shall have custody of the Child for Christmas. Beginning in 2010 when the Child is enrolled in school, the Mother shall have custody of the Child for a full week during the Christmas school break either at the beginning of the break, if it is the Mother's year to have custody of the Child for Christmas, or at the end of the school break if it is the Father's year to have custody of the Child over Christmas. C. Easter: The Easter holiday shall run from Good Friday through Easter Sunday. The Mother shall have custody of the Child for Easter in odd-numbered years and the Father shall have custody of the Child for Easter in even-numbered years. The parties shall exchange weekends, if necessary, to accommodate the holiday custody schedule. D. Memorial DUjabor Day: The party who has custody of the Child over the weekend immediately preceding the holiday under the regular schedule shall retain custody through the Monday holiday. 5. At such time as the Father obtains a valid driver's license, the parties shall share responsibility for providing transportation for exchanges of custody. Unless the parties agree to another arrangement, the parties shall exchange custody at a mutually agreeable location at Exit 80 on Route 81. 6. The Mother shall undergo random drug testing at the Father's request. The Father shall notify the Mother through counsel of his request for either hair follicle or blood testing and the Mother shall obtain the requested testing within one (1) week of the request therefor. The Father shall be responsible to pay the costs of the drug testing and the Mother shall authorize the testing agency to provide the test results to the Father. In the event the Mother believes that the frequency of the request for blood testing is unreasonable and burdensome, the Mother may request, through counsel, that a telephone conference with counsel be held by the conciliator. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. The parties agree that the Mother shall continue to live with the maternal grandparents. In the event the Mother desires to establish a residence separate from her parents, the Mother shall provide at least ten (10) days written notice thereof to the Father. In the event she moves from the maternal grandparents' residence, the Mother shall notify the Father of her address and the names of the individuals with whom she will be residing. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, this Order shall control. BY THE Edward E. Guido J. Z cc: ^ rk T. Silliker, Esquire - Counsel for Father -' Michael J. Whare, Esquire - Counsel for Mother VWAIA%N3d AiNnCn, 91: i I WV ? - Hvw IZ AWIQNOHiu^W 3 L 10 3Oa4G-Wd STEVEN STONE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-4735 CIVIL ACTION LAW vs. DANIELLE DAVIDSON Defendant Prior Judge: Edward E. Guido IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Katrina Dara Stone January 6, 2005 Father 2. A custody conciliation conference was held on February 19, 2009, with the following individuals in attendance: the Father, Steven Stone, with his counsel, Mark T. Silliker, Esquire, and the Mother, Danielle Davidson, with her counsel, Michael J. Whare, Esquire. 3. The parties agreed to entry of an Order in the form as attached. rc'o rvcr22 -?- `, ad Date Dawn S. Sunday, Esquire Custody Conciliator c? STEVEN STONE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-4735 CIVIL ACTION LAW DANIELLE DAVIDSON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 25, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, September 20, 2010 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Es j? 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 OFFICI` SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 'MC?tc`Q` •2J ,10 e;Q,?, 32 South Bedford Street fU - , • I1%1C4- 4 JZ•ey.Vjj k ? Carlisle, Pennsylvania 17013 Telephone (717) 249-3166] j e-p? N X • t o /vim u- N\Q&; tee 4o S?.?ndc?. -as- 10 COp? marled 40 4"'A STEVEN STONE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~• N0.2005 - 4735 CIVIL TERM DANIELLE DAVIDSON, :CIVIL ACTION -LAW ~ ~, Defendant IN CUSTODY ~ cn ~~i ~ ~~ ~° -~ CERTII~'ICATE OF SERVICE .~ ,~~~ { -r- ~/ ~ ~Y ~~ ~ ~~ The undersigned, Ashleigh Trousdale, hereby certifies that a copy~f a Petition for Modification as well as an Order of Court scheduling a Custody Conciliation Conference was mailed to Defendant, Danielle Davidson, on September 1, 2010 by regular U.S. Mail with a Certificate of Mailing to the following address: Danielle Davidson 84 Brooklyn Road Stanhope, NJ 07874 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~'g` t® I Ashleigh Trousdale U.S. POSTAL SERVICE CERTIFICATE OF MAILI MAY BE USED FnR nnnncenr ...~.. ~..-.-..• • • -~-- - - PROVIDE FOR The Law Offices of (/~ ~ Received Fi Silliker & Reinhold 5922 Linglestown Road !~ Harrisburg, PA 17112 '~ 0 One piece of ordinary mail addressed to: ~ K I u~ nn , . -~ PS Form 3817, January 2001 OCR 0 4 2010 STEVEN STONE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DANIELLE DAVIDSON ORDER OF COURT . lA- n~H e') N ~ C~ p ~~ fl -.~ r~ c-~ ~-. ~ ---+ ~~_ ~~% -~ ~" ~ ~,:,. s:~- ra ~'= ~~ `= ~ AND NOW, this CO day of D , 12010, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 0 --a ~~ ~, r" -~,~ ~~~ ~:~. -~-~ ~'.~ -~t ~~ ~ r-n n upon 1. The prior Order of this Court dated March 4, 2009 is vacated and replaced with this Order. 2. The Father, Steven Stone, and the Mother, Danielle Davidson, shall have shared legal custody of Katrina Dara Stone, born January 6, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Father shall have primary physical of the Child. 4. The Mother shall have periods of supervised partial custody with the Child subject to the agreement of both parties. The Father shall not unreasonably withhold his consent to a period of custody for the Mother. The Mother's periods of custody shall be based at her parents' residence and all overnight periods shall take place there. The Mother shall ensure that one of her parents is present at all times during periods of custody. 2005-4735 CIVIL ACTION LAW Defendant IN CUSTODY 3 5. Prior to scheduling a period of custody with the Child, the Mother shall provide documentation to the Father of completion of an inpatient drug treatment program and of compliance with the outpatient treatment in which she is currently participating. 6. Arrangements for periods of custody over holidays shall be established by agreement in the same manner, and with the same conditions as regular periods of supervised custody. 7. Unless otherwise agreed between the parties, the parties shall exchange custody of the Child at the Route 100 exit off Interstate 78 in Allentown at a public place designated by agreement. 8. The Mother shall undergo random drug testing at the Father's request. The Father shall notify the Mother through counsel of his request for either hair follicle or blood testing and the Mother shall obtain the requested testing within one week of the request therefor. The Father shall be responsible to pay the costs of the drug testing and the Mother shall authorize the testing agency to provide the test results to the Father. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of written mutual consent, the terms of this Order shall coxt~~:=-.~, BY~IE COU$T, Edward E. Guido J. cc: T. Silliker, Esquire -Counsel for Father anielle Davidson -Mother y oc~ o ~ 2a~o STEVEN STONE vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-4735 CIVIL ACTION LAW DANIELLE DAVIDSON Defendant Prior Judge: Edward E. Guido IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Katrina D. Stone January 6, 2005 Father 2. A custody conciliation conference was held on September 28, 2010, with the following individuals in attendance: the Father, Steven Stone, and his counsel, Mark T. Silliker, Esquire. The Mother, Danielle Davidson, participated by telephone from New Jersey. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator