HomeMy WebLinkAbout07-0233DANNY L. DAVIS, JR.,
Plaintiff
V.
MARY ANN K. DAVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
Na7a33 CIVIL TERM
IN CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Danny L. Davis, Jr., an adult individual currently residing at 8 Greenwich
Drive, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Mary Ann K. Davis, an adult individual currently residing at 103
Commonwealth Drive, Bethlehem, Lehigh County, Pennsylvania.
3. The parties are the natural parents of three (3) children, namely, Zachary Daniel
Davis, born August 18, 1992, Alexis Nicole Davis, born August 7, 1997, and Isabella
Marie Davis, born July 26, 2001.
The children were not born out of wedlock.
4. For the past five (5) years, or since the children's birth, the children have resided with
the following persons at the following addresses for the following periods of time:
NAME
Mary Ann K. Davis
ADDRESS
103 Commonwealth Drive
Bethlehem, PA 18020
DATES
August 2006 to
Present
Mary Ann K. Davis 8 Greenwich Drive April 2006 to
Carlisle, PA 17013 August of 2006
NAME ADDRESS DATES
Mary Ann K. Davis 8 Greenwich Drive October 2003
Danny L. Davis, Jr. Carlisle, PA 17013 to April of 2006
Mary Ann K. Davis
Danny L. Davis, Jr.
4619 Nicholas Street
Easton, PA 18045
1997 to October 2003
The natural mother of the children is Mary Ann K. Davis, who resides as
aforesaid. She is married.
The natural father of the children is Danny L. Davis, Jr., who resides as aforesaid.
He is married.
5. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff
currently resides alone.
6. The relationship of the Defendant to the child is that of natural mother. Defendant
currently resides with the children.
7. Plaintiff has not participated as a party or witness, or in any other capacity in other
litigation, concerning custody of the children.
8
9
Plaintiff has no information of any custody proceedings concerning the children
pending in any Court of this Commonwealth.
It is in the best interest and permanent welfare of the children to grant the relief
requested because:
a) Plaintiff has been and continues to be very involved in the lives of the children;
b) Plaintiff can provide a stable home life for the children;
C) Plaintiff can provide for the day to day needs of the children.
10. Plaintiff does not know any person not a party to these proceedings who claims to
have custody or visitation rights with respect to the children.
WHEREFORE, Plaintiff requests your Honorable Court to schedule a Custody
Conciliation Conference followed by a hearing at which time he should be granted partial
physical custody of the children.
Respectfully submitted,
Hannah Herman-Snyder, Esqu&
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE: 1- ?? - o LP ?G
DANNY L. AVIS, JR.
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DANNY L. DAVIS, JR. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MARY ANN DAVIS
DEFENDANT
07-233 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, January 24, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 16, 2007 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
Bv: /s/ Hubert X. Gilro Es T. ?WA
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
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DANNY L. DAVIS, JR.,
Plaintiff
vi.
MARY ANN K. DAVIS,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
: CIVIL ACTION - LAW
CIVIL TERM NO. 07-233
: IN CUSTODY
MOTION TO TRANSFER CASE TO NORTHAMPTON COUNTY,
PENNSYLVANIA
AND NOW COMES, the Defendant, Maim Ann K. Davis, and files Preliminary
Objections to the Complaint in Custody filed by the Plaintiff along with a Motion to
Transfer Case to Northampton County due to questions of jurisdiction and venue in
accordance to the Custody Jurisdiction Act as follows:
1. Plaintiff, Danny L. Davis, Jr., (hereinafter referred to as "Father") and
Defendant, Mary Ann K. Davis, (hereinafter referred to as "Mother") are the
biological parents of three children, namely Zachary Daniel Davis, Alexis
Nicole Davis and Isabella Marie Davis (hereinafter referred to as "minor
children").
2. Prior to marriage, Mother was born and raised in Northampton County,
Pennsylvania.
3. The minor children have lived in Northampton County with Mother and
Father from the time of their birth through 2003, the sole exception being a
15-month period in 1994-1995 where Father, Mother, and the minor son
relocated to Delaware because Father accepted an employment position there.
4. In 2003, Father was offered employment in Carlisle, Pennsylvania, wherein
the family relocated to Cumberland County.
5. The only reason the family agreed to move to Carlisle was due to Father's
new job.
6. In April of 2006, the marital relationship dissolved and Father agreed to leave
the marital residence and move into his own private residence. At this point in
time, Mother became the primary custodial parent and Father exercised
scheduled partial custody and/or visitation with the minor children by way of
a private agreement between the parties;
7. At the initial time of separation, Mother and the minor children stayed at the
marital residence.
8. In August of 2006, Mother and the mirror children moved back to
Northampton County due to family and social ties to the community and a
greater likelihood of Mother obtaining employment. Father did not oppose
this relocation and took up residence in the marital home.
9. Since August, 2006, Father has exercised partial physical custody and/or
visitation under a private agreement between the parties and Mother has
continued to maintain primary custody of all of the minor children.
10. The minor children wish to retrain in Northampton County where they have
been raised for the majority of their lives.
11. The minor children are enrolled in the following schools in Northampton
County and wish to remain enrolled in these schools:
a. Zachary - Freedom High School, Bethlehem, Pennsylvania
b. Alexis - St. Jane Francis de Chantal School, Easton, Pennsylvania
c. Isabella - St. Jane Francis de Chantal School, Easton, Pennsylvania
12. For the majority of the minor children's lives, their schools, extracurricular
activities, friends, extended family, churches, doctors, and other significant
contacts have all been in Northampton County.
13. It is the intent of Mother and the minor children to remain in Northampton
County through at least 2019, when the youngest child will turn 18, and
therefore all issues relating to the children's future care, protection, training,
and relationships will be connected to Northampton County.
14. In contrast, Father has no substantial roots in Cumberland County. The
former marital home in which he resides is the subject of an Agreement of
Sale with an anticipated closing date in March or April of 2007, and Father
has not yet indicated where he will reside after the home is sold. Father's only
connection to Cumberland County is his employment, and historically Father
has changed employment on average every two to three years. It is very likely
that Father will not remain in Cumberland County through 2019 and that
another court will have to assume jurisdiction at such time.
15. All parties and potential witnesses relating to the children's future care,
protection, training, and relationships will be located in Northampton County,
with the exception of Father.
16. It would be far less of an inconvenience for Father to travel to Northampton
County than for the children, Mother, and all other witnesses to travel to
Cumberland County for court proceedings.
17. Venue is proper in Northampton County under Pennsylvania Rule of Civil
Procedure 1915.2(a)(1)(i) because Northampton County is the home county of
the children.
18. Venue is proper in Northampton County under Pennsylvania Rule of Civil
Procedure 1915.2(a)(2) because the children and Mother have a significant
connection with the county and there is available within the county substantial
evidence concerning the child's present or future care, protection, training and
personal relationships.
19. Pennsylvania Rule of Civil Procedure 1915.2(4) authorizes this Court to
transfer an action to an appropriate court of another county for the
convenience of parties and witnesses.
20. The best interests of the children, the convenience of parties and witnesses,
and the administration of justice are best served by transferring this action to
Northampton County.
WHEREFQR, Defendant, Mary Ann K. Davis, respectfully requests this
Honorable Court to sustain her preliminary objections and transfer this case to the Court
of Northampton County, Pennsylvania.
Respectfully submitted,
Mary K. Davis
VERIFICATION
I verify that the statements trade in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsifications to authorities.
Date Mary K. Davis
DANNY L. DAVIS, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
PENNSYLVANIA
Vii. .
CIVIL ACTION - LAW
MARY ANN K. DAVIS,
Defendant : CIVIL TERM NO. 07-233
IN CUSTODY
CERTIFICATE OF SERVICE
I, Mary Ann K. Davis, do hereby certify that on this date I served a true and
correct copy of Defendant' s Prelirninar-y Objections and Motion for Change of Venue by
U.S. First Class Mail, postage prepaid, to the individuals, at the addresses and on the date
indicated below:
Court Administrator
Cumberland County Courthouse
1 Courthouse Square, 2R
Carlisle, PA 17013
Plaintiff, Danny L. Davis, Jr.
C/O Hannah Herman-Snyder, Esq.
Griffie & Associates
200 North. Hanover Street
Carlisle, PA 17013
Mr. Hubert X. Gilroy, Esq.
C/O Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
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Date
Mary Afin K. Davis
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DANNY L. DAVIS, JR.,
Plaintiff
V.
MARY ANN K. DAVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-233 CIVIL TERM
ORDER OF COURT
AND NOW, this 8`h day of February, 2007, upon consideration of Defendant's
Motion To Transfer Case to Northampton County, Pennsylvania, it is ordered that:
1. A Rule is issued upon Plaintiff to show cause why Defendant is not entitled to
the relief requested;
2. Plaintiff shall file an answer to the motion within 21 days of the date of this
order;
3. The petition shall be decided under Pa. R.C.P. 206.7;
4. Depositions shall be completed within 49 days of the date of this order;
5. Argument shall be held on Wednesday, May 9, 2007, at 2:30 p.m., in
Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
6. Briefs shall be submitted at least seven days prior to argument.
BY THE COURT,
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AtiVIt NON Odd 3H, do
Hannah Herman-Snyder, Esq.
200 North Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
Mary Ann K. Davis
103 Commonwealth Drive
Bethlehem, PA 18020
Defendant, pro Se
1-2- 6 7
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DANNY L..DAVIS, JR.,
Plaintiff
V.
MARY ANN K. DAVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 07-233 CIVIL TERM
IN CUSTODY
ANSWER TO MOTION TO TRANSFER CASE TO
NORTHAMPTON COUNTY, PENNSYLVANIA
AND NOW, comes Danny L. Davis, Jr. by and through his attorney of record, Hannah
Herman-Snyder, Esquire, and files an Answer to Defendant's Motion to Transfer Case to
Northampton County, Pennsylvania as follows:
1. Admitted.
2. Admitted. By way of further response, it is averred that there was a four (4) year
period, following her graduation from high school, that Mother lived in
Oklahoma.
3. Admitted. E'
4. Admitted.
5. Denied. It is denied that the only reason that the family agreed to move to
Carlisle was due to Father's new job. It is averred that although Father's job was
the primary reason to move to Carlisle, there were other factors that played into
the move, including but not limited to the geographic location and the cost of
living.
6. Admitted in part. Denied in part. It is admitted that in April of 2006 the marital
relationship dissolved. It is denied that Father agreed to leave the marital
residence and move into his own private residence. It is averred that Mother
asked Father to leave, and the ultimatum she presented was that if he did not
leave, she would leave with the children. It is admitted that as of April of 2006,
Mother became the primary custodian, and Father exercised scheduled partial
custody and/or visitation with the minor children by way of a private agreement
between the parties.
7. Admitted.
8. Admitted in part. Denied in part. It is denied that in August of 2006, Mother and
the minor children moved back to Northampton County due to family and social
ties to the community and a greater likelihood of Mother obtaining employment.
It is averred that Mother, as a Registered Nurse, had ample employment
opportunities in Cumberland County. It is further averred that while Mother has
family in Northampton County, she and the children had substantial social ties to
the community in Cumberland County as all were involved in their church, had
close friends, and had doctors in Cumberland County for the three (3) years prior
to Mother's move. Furthermore, the school age children attended school in
Cumberland County. It is further averred that Mother has not, as of yet, obtained
employment since her move in August of 2006. It is denied that Father did not
oppose this relocation. It is averred that Father only agreed to the move based on
Mother's representation that she would enter into a written custody stipulation
and agreement and, pursuant to said agreement, maintain the custody action in
Cumberland County. It is admitted that Father took up residence in the marital
home as of August of 2006.
9. Admitted. By way of further response. Father has been attempting to secure a
custody stipulation and agreement, without Court intervention, since prior to
Mother's move in August of 2006, which would solidify the parties private
agreement as an Order of Court.
10. Denied. It is denied that the minor children wish to remain in Northampton
County, where they have been raised for the majority of their lives. As Father has
never heard the children express their wishes and said wishes to remain in
Northampton County are not verified in Mother's Motion to Transfer Case to
Northampton County, Pennsylvania, said averment is denied. It is further denied
that the children have spent the majority of their lives in Northampton County as
Alexis has spent one half of her life in Cumberland County, and Isabella, now age
5 was raised in Cumberland County for the majority of her life.
11. Admitted in part. Denied in part. It is admitted that the minor children are
enrolled in the following schools in Northampton County:
a. Zachary - Freedom High School, Bethlehem, Pennsylvania
b. Alexis - St. Jane Francis de Chantal School, Easton, Pennsylvania
C. Isabella - St. Jane Francis de Chantal School, Easton, Pennsylvania
It is denied that the children wish to remain enrolled in the schools. As Father has
never heard the children express their wishes to remain enrolled in the schools,
said averment is denied. It is averred that Zachary has already changed schools
once since moving to Northampton County.
12. Denied. It is denied that for the majority of the minor children's lives their
schools, extracurricular activities, friends, extended family, churches, doctors, and
other significant contacts have all been in Northampton County. It is averred, as
stated above, that Alexis has spent one half of her life in Cumberland County, and
Isabella has spend the majority of her life in Cumberland County, such that all of
their significant contacts are in Cumberland County. Zachary also has significant
contacts in Cumberland County as he attended school in Cumberland County for
three (3) years, was involved in church, has friends in Cumberland County and
had a doctor in Cumberland County.
13. Father is without sufficient knowledge or information to admit or deny whether it
is Mother's intention to remain in Northampton County through at least 2019. It
is denied that it is the intent of the children to remain in Northampton County
through at least 2019. It is further denied that all issues relating to the children's
future care, protection, training, and relationships will be connected to
Northampton County.
14. Admitted in part. Denied in part. It is denied that Father has no substantial roots
in Cumberland County. It is averred that he has been working for his company
for over five (5) years, three (3) of which have been in Cumberland County.
Furthermore, it is averred that Father is a member of St. Patrick's church and has
both friends and work associates in Cumberland County. It is admitted that the
former marital residence in which Father resides is the subject of an Agreement of
Sale with an anticipated closing date in March or April of 2007. It is denied that
Father has not yet indicated where he will reside after the home is sold. Father
has informed Mother that he has rented a townhouse in Mechanicsburg and has
placed a security deposit on said residence. It is denied that Father's only
connection in Cumberland County is his employment. As stated above, Father
has formed roots in Cumberland County. It is admitted that historically Father
has changed employment on average every two (2) to three (3) years. However, it
is averred that that has not been the case for the last five (5) years. It is denied
that it is very likely that Father will not remain in Cumberland County through
2019 and that another Court will have to assume jurisdiction at such time. It is
averred that Father has every intention of staying in Cumberland County for the
foreseeable future.
15. Denied. It is denied that all parties and potential witnesses relating to the
children's future care, training, and relationships will be located in Northampton
County, with the exception of Father. It is averred that all of Father's witnesses
will be located in Cumberland County, as the children and Father have significant
contacts through school, doctors, church, and friends in Cumberland County. It is
further averred that some of Mother's witnesses will be located in Cumberland
County.
16. Denied. It is denied that it would be far less of an inconvenience for Father to
travel to Northampton County than for the children, Mother, and all other
witnesses to travel to Cumberland County for court proceedings. It is averred that
Father is working full time and attending school while Mother has no full time
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obligations at this time as she is not presently employed. It is averred that a
majority of Father's witnesses will be from Cumberland County. It is averred that
regardless of where a hearing takes place, assuming the children will be involved,
they will be missing school regardless of which court hears the matter.
17. Denied. It is denied that venue is proper in Northampton County under
Pennsylvania Rule of Civil Procedure 1915.2(a)(1)(i) because Northampton
County is the home county of the children. It is averred that Cumberland County
was the home county of the children when the custody proceedings commenced.
It is further averred that not only was Cumberland County the home county of the
children at the time the action was commenced but pursuant to Pennsylvania Rule
of Civil Procedure 1915.2(a)(1)(ii), the action is appropriate in Cumberland
County as Cumberland County "has been the child's home county within six
months before commencement of the proceeding and the child is absent from the
county because of the child's removal or retention by a person claiming the
child's custody or other reasons and a parent or person acting as parent continues
to live in the county".
18. Denied. It is denied that venue is proper in Northampton County under
Pennsylvania Rule of Civil Procedure 1915.2(a)(2) because the children and
Mother have a significant connection with the county and there is available within
the county substantial evidence concerning the child's present or future care,
protection, training and personal relationships. It is averred the children and
Father have a significant connection to Cumberland County in that all of the
children, for three (3) years, had doctors in Cumberland County, have friends in
Cumberland County, and attended church in Cumberland County. Furthermore,
the school age children attended school in Cumberland County. It is averred that
the majority of Father's witnesses will be from Cumberland County.
19. Admitted.
20. Denied. It is denied and in the best interest of the children, the convenience of
parties and witnesses, and the administration of justice are best served by
transferring this action to Northampton County. It is averred that while it may be
more convenient for Mother to have the matter transferred, it is not in the best
interest of the children or convenient for Father and his witnesses in the
administration of justice to have this matter transferred.
WEHREFORE, Plaintiff, Danny L. Davis, Jr., respectfully request this Honorable Court
to dismiss Defendant's Motion to Transfer Case to Northampton County, Pennsylvania and
maintain this action in Cumberland County, Pennsylvania.
Respectfully Submitted,
Hannah Herman-Snyder, Es ire
Attorney for Plaintiff
GRIFFIE AND ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-1350
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE: a/d3 ;> ? X
DANNY L. AVIS, JR.
l
DANNY L. DAVIS, JR.,
Plaintiff
V.
MARY ANN K. DAVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 07-233 CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the 15-?' day of March, 2007,
cause a true and correct copy of Plaintiff's Answer to Motion to Transfer Case to Northampton
County, Pennsylvania to be served upon Defendant by serving her and her attorney (not of
record) by first-class mail, postage prepaid at the following addresses:
Beth Knickerbocker, Esquire
Third Floor
100 North Third Street
Easton, PA 18042
Mary Ann K. Davis
103 Commonwealth Drive
Bethlehem, PA 18020
DATE: 3 - I - () -1
Hannah Herman-Snyder, Esqu re
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
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DANNY L. DAVIS, JR.,
Plaintiff
V.
MARY ANN K. DAVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-233 CIVIL TERM
IN CUSTODY
JUDGE WESLEY OLER, JR.
PETITION FOR CONTINUANCE
AND NOW COMES Petitioner Hannah Herman-Snyder, Esquire, and petitions the Court
as follows:
1. Your Petitioner is Hannah Herman-Snyder, Esquire, attorney of record for the
above named Plaintiff, Danny L. Davis, Jr.
2. Respondent is the above named Defendant, Mary Ann K. Davis.
3. An Order of Court was entered on February 8, 2007, scheduling Argument Court
for Wednesday, May 9, 2007 at 2:30 p.m., in Courtroom No. 1 after Respondent
filed a Motion to Transfer Case to Northampton County, Pennsylvania. A copy of
said Order is attached hereto and incorporated by reference as Exhibit "A".
4. The parties attended a custody conciliation conference on March 5, 2007 at which
time no Order was entered because they did not agree upon the jurisdiction issue
and one other minor issue, although the parties had agreed, prior to the
conciliation, to all other provisions of a very detailed custody agreement.
5. At the conciliation conference on March 5, 2007, the parties agreed to a second
conciliation conference, to include Respondent's attorney in Northampton
County, Beth Knickerbocker, Esquire, and said conciliation took place on March
21, 2007.
6. At the second conciliation conference, all matters were resolved, including the
jurisdiction issue, and counsel agreed that Petitioner would draft a revised custody
agreement.
7. The revised custody agreement was sent to Attorney Knickerbocker and on April
20, 2007 Attorney Knickerbocker advised Petitioner that Respondent had issues
with the revised custody agreement, although not with the agreed upon
jurisdiction provision.
8. As Respondent does not wish to withdraw her request for Argument Court on the
jurisdiction issue, although that matter has been resolved to the mutual
satisfaction of the parties, Respondent requested, through her counsel, that
Argument Court be postponed.
9. Respondent has agreed to a third custody conciliation conference, which is
scheduled for May 14, 2007.
10. Both counsel request a continuance of the date set for Argument Court and
request that the matter be rescheduled to a date later than May 14, 2007.
WHEREFORE, Petitioner requests your Honorable Court continue the argument,
currently scheduled for Wednesday, May 9, 2007 at 2:30 p.m. in Courtroom No. 1 for a date later
than May 14, 2007.
Respectfully Submitted,
?a -
Hannah Herman-Snyder, Es ire
Attorney for Plaintiff
GRIFFIE AND ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE: 4 -.:? -1- 11 a cv. a? A n - J pA ,4
Hannah Herman-Snyder, Esqui#e
DANNY L. DAVIS, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MARY ANN K. DAVIS, :
Defendant NO. 07-233 CIVIL TERM
ORDER OF COURT
AND NOW, this 8`i' day of February, 2007, upon consideration of Defendant's
Motion To Transfer Case to Northampton County, Pennsylvania, it is ordered that:
1. A Rule is issued upon Plaintiff to show cause why Defendant is not entitled to
the relief requested;
2. Plaintiff shall file an answer to the motion within 21 days of the date of this
order;
3. The petition shall be decided under Pa. R.C.P. 206.7;
4. Depositions shall be completed within 49 days of the date of this order;
s. Argument shall be held on Wednesday, May 9, 2007, at 2:30 p.m., in
Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
6. Briefs shall be submitted at least seven days prior to argument.
EXHIBIT
BY THE COURT,
DANNY L. DAVIS, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-233 CIVIL TERM
MARY ANN K. DAVIS, IN CUSTODY
Defendant JUDGE WESLEY OLER, JR.
CERTIFICATE OF SERVICE
I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the ), ik day of April, 2007,
cause a copy of Petitioner's Petition for Continuance to be served upon Respondent by her
attorney by first-class mail, postage prepaid at the following address:
Beth A. Knickerbocker, Esquire
Fourth Floor
100 North Third Street
Easton, Pennsylvania 18042
(610) 253-8227
DATE: ?_j - j1 a 71
Hannah Herman-Snyder, E? juire
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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APR 3 0 2007 ?f
DANNY L. DAVIS, JR.,
Plaintiff
V.
MARY ANN K. DAVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-233 CIVIL TERM
IN CUSTODY
JUDGE WESLEY OLER, JR.
ORDER OF COURT
AND NOW this 56 + day of 2007, upon consideration
and review of the attached Petition, it is hereby ORDERED and DECREED that the argument
currently scheduled for Wednesday, May 9, 2007, at 2:30 p.m. in Courtroom No. 1, Cumberland
County Courthouse, Carlisle, Pennsylvania, is now scheduled for / the
d?& day of at 30 o'clock, f m. in Courtroom No. ?.
By the Court,
W-4 z 0,////, Z..
J rge Wesley Ol , Jr.
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DANNY L. DAVIS, JR.,
Plaintiff
V.
MARY ANN K. DAVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO.O1- 433 CIVIL TERM
IN CUSTODY
CUSTODY STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set
forth, by and between Danny L. Davis, Jr., (hereinafter referred to as "Father") and Mary Ann K.
Davis, (hereinafter referred to as "Mother").
WHEREAS, the parties are the natural parents of three children, namely Zachary Daniel
Davis, born August 18, 1992, and Alexis Nicole Davis, born August 7, 1997, and Isabella Marie
Davis, born July 26, 2001 (hereinafter referred to as "Children");
WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive
stipulation and agreement relative to physical and legal custody of their Children.
NOW THEREFORE, in consideration of mutual covenants, promises and agreements as
hereinafter set forth, the parties stipulate and agree as follows:
1. The parties shall share legal custody of the children.
2. Mother shall exercise primary physical custody of the children.
3. Father shall exercise partial physical custody of the children as follows:
a.) Every other weekend, beginning at 5:00 p.m. on Friday and returned to Mother's
by 7:30 p.m. on Sunday;
b.) A maximum of two (2) days during the week, beginning immediately after the
end of the children's school day until 7:45 p.m., during the school year, and from 9:30
a.m. until 9:30 p.m. during the summer; and
c.) At other times as agreed upon by the parties.
4. All custody exchanges shall take place at the curbside of each party's respective
residence.
5. Mother and Father shall be flexible in regards to the beginning time of all custody periods
as each party will be traveling some distance to exercise custody, and each party shall
notify the other, as soon as possible, to advise as to any delay in the exchange of custody.
6. Father shall provide Mother with six (6) weeks notice as to his week day visits, but the
times and/or days may be altered with two (2) weeks verbal notice, by either party, and
the re-scheduled date must be mutually agreeable.
7. Transportation shall be shared such that Father shall provide the transportation for his
periods of partial physical custody during the week, and Mother shall provide all
transportation for Father's weekend periods of partial physical custody, except as set
forth herein. If Father does not make at least one visit during the week, the parties shall
share equally in the transportation for the weekends such that each party shall provide
one end of the transportation and the other shall provide the other, or the parties shall
meet half way. If and when Mother is working on Father's weekend period of partial
physical custody such that she is unable to provide all transportation, Father shall provide
one round trip, either Friday or Sunday, and Mother shall compensate Father for this
travel in the amount of $35.00 per round trip.
8. Father shall exercise custody of the children during the summer for one (1) full week
(seven days) for each of the months of June, July, and August, with the option to extend
one of the periods from seven (7) days to ten (10) days for extended trips. Should Father
request an extended trip, Mother shall grant this request with the understanding by both
parties that any additional days for an extended trip will be deducted from other periods
of summer custody. Father shall provide Mother with notice of all of his weeks of
summer custody, in writing, no later than May 1St
9. Mother should be entitled to three (3) non-consecutive weeks of summer vacation and
shall provide Father with notice, in writing, by May 151h. Both Mother and Father shall
exercise their periods of vacation such that they do not interfere with the other parent's
weekends and should they interfere, they shall be entitled to make up time for any
weekend time lost.
10. Memorial Day, Independence Day, and Labor Day shall rotate each year. The rotation
shall begin with Mother exercising custody of the children for Memorial Day in 2007.
The times periods are as follows:
a.) Memorial Day - 9:00 a.m. through 7:45 p.m.
b.) Independence Day - 9:00 a.m. through 11:00 p.m.
c.) Labor Day - 9:00 a.m. through 7:45 p.m.
11. The Thanksgiving holiday shall be shared such that in even numbered years Father shall
exercise custody of the children from the time school is dismissed on Wednesday through
Saturday at 12:00 p.m. Mother shall exercise custody from 12:00 p.m. on Saturday until
7:00 p.m. on Monday. This schedule shall alternate in odd numbered years.
12. The children's winter break shall be split into two (2) periods of time:
a.) Block A - From 5:00 p.m. the day school ends through the middle of the winter
break, with the exchange taking place at 12:00 p.m. on the middle day of the winter
break.
b.) Block B - From 12:00 p.m. on the middle day of the winter break through 7:00
p.m. the day prior to school resuming.
Mother shall exercise custody during Block A in even numbered years and Father shall
exercise custody during Block B in even numbered years, and this shall alternate in odd
numbered years. The non-custodial parent shall have the chance, should he/she desire, to
exercise custody of the children on Christmas Day from 4:00 p.m. until 8:00 p.m.
13. The Easter holiday shall be shared such that in odd numbered years Father shall exercise
custody of the children from dismissal of school on Wednesday until 4:00 p.m. on
Saturday. Mother shall exercise custody of the children from 4:00 p.m. on Saturday until
7:00 p.m. on Monday. This schedule shall alternate on odd numbered years.
14. The transportation for the holiday and summer vacation periods of custody shall be
shared equally such that each party shall provide one end of the transportation and the
other shall provide the other, or the parties shall meet half way.
15. The parties shall keep each other advised in the event of serious illness or medical
emergency concerning the children and shall further take any necessary steps to ensure
that the health and well-being of the children is protected. During such illness or medical
emergency, requiring hospitalization, both parties shall have the right to visit the children
as often as he or she desires consistent with the proper medical care of the children.
Mother shall provide Father with any and all medications and/or any other medical
equipment or health supplies to Father, and Father, when returning the child, shall return
all of the medications and/or equipment to Mother.
16. Neither parent shall do anything which may estrange the children from the other party,
injure the opinion of the children as to the other party, or which may hamper the free and
natural development of the children's love and affection for the other party.
17. Either party can remove the children from the state of Pennsylvania for his/her periods of
custody for weekends/vacation/holidays and shall provide an address and telephone
number, prior to removing the children from the state of Pennsylvania, at which said
party can be reached by the other party.
18. Father shall be entitled to reasonable daily telephone contact with the children, with
Mother ensuring that the children contact Father, at a minimum, once a day. Should the
children request to contact Father more than once a day, Mother shall make every effort
to accommodate the children's request.
19. It is affirmed that the Court of Common Pleas of Pennsylvania, Cumberland County
Branch, had jurisdiction over the issue of custody of the children in this case at the time
the proceedings were initiated and, further, by agreement of the parties and Order of
Court, the Court had jurisdiction over these matters for purposes of this Stipulation and
Agreement such that it is appropriate for the Court to enter an Order of Court. For all
future purposes, including but not limited to enforcement and modification of this
Stipulation and Agreement, it is proper that the Court of Common Pleas of Pennsylvania,
Northampton County retain jurisdiction for as long as Mother and the children reside in
Northampton County. Mother shall be responsible for all costs associated with
transferring the matter from Cumberland County to Northampton County.
20. Mother shall, within five (5) days of the execution of this Stipulation and Agreement,
file a Petition to withdraw her Motion to Transfer Case to Northampton County,
Pennsylvania and shall include in her Petition a request to vacate the Order of Court of
April 30, 2007 and cancel the Argument Court scheduled for Thursday, June 28, 2007 at
1:30 p.m., as well a request to vacate all prior Orders in this matter.
21. Any modification or waiver of any of the provisions of this Agreement on a permanent
basis shall be effective only if made in writing and only if executed with the same
formality as this Stipulation and Agreement.
22. The parties acknowledge that they have read and understand the provisions of this
Agreement. Each party acknowledges that the Agreement is fair and equitable and that it
is not the result of any duress or undue influence.
23. The parties stipulate that in making this Agreement, there has been no fraud,
concealment, overreaching, coercion, or other unfair dealing on the part of the other
party.
IN WITNESS WITRRFO , The panics hereto intending to be legally bound by the terms
hereof'set forth their hands and seals the day and year hereinallcr mentioned.
W ITN I:SSETH:
7/07
Date T)ANNY AVIS, JR.
l)Rt? MARY 11 K- 6AVIS
B`d e909c*2LTL Sa%QtooSsd I aTjjjj9
COMMONWEALTH OF PENNSYLVANIA
C OI TNI'Y OF 1Q0 kT+4- t4 r1A F4 J
c-
On this rQ lay of 2007, before me, the undersigned
officer, personalty appeared MARY ANN K DAVIS, known to me (c>r Satisfactory proven) to
be the person whose name is subscribed to the within Agreement and acknowledged that she
executed the ,saint for the purpose therein contained.
IN WITNESS WFIP.TMT?O , I hereunto set my hand and official seal.
Notary Public
Beth A. Knickerbocker, Notary Public
City of Easton, Northampton County
COMMONWEALTH O PENNSYLVANIA :
COUNTY OF &rY1 bbd
On this j&A day cif ?W? , 2007, before me, the undersigned
officer, personally appeared DANNY L. DAVI,% JR., known U) me (or satisfactory proven) to
be the person whose name is subscribed to the within Agreement and acknowlcdgcd that he
executed the same for the purpose therein contained.
IN WH'NESS WTIEREOF, I hereunto set my hand and olfic;isl seal.
Notary Public:
NoTAML SEAL
ROBIN J. B"SETT
Ii c" Pub11C
C MW WROTH . CWASMAM
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Notarial Seal
MY Commission Expires June 23, 2007
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DANNY L. DAVIS, JR.,
Plaintiff
V.
MARY ANN K. DAVIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-233 CIVIL TERM
IN RE: MOTION TO TRANSFER
CASE TO NORTHAMPTON COUNTY, PENNSYLVANIA
ORDER OF COURT
AND NOW, this 28th day of June, 2007, upon relation of the parties that this
matter has been resolved by stipulation, the argument previously scheduled for June 28,
2007, is cancelled and the motion is deemed moot.
Xnnah Herman-Snyder, Esq.
200 North Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
glary Ann K. Davis
103 Commonwealth Drive J
Bethlehem, PA 18020
Defendant, pro Se
re
BY THE COURT,
9' *01 WV 6Z Nnr LOOZ
Wflawr""' vr
DANNY L. DAVIS, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
MARY ANN K. DAVIS, NO. 0 %_G5CIVIL TERM
Defendant IN CUSTODY
ORDER OF COURT
AND NOW this Mday of , 2007, the attached Custody Stipulation
and Agreement is hereby made an Order of Court.
BY THE COURT,
rte...
cc: mot nah Herman-Snyder, Esquire
Attorney for Plaintiff
Xth A. Knickerbocker, Esquire
Attorney for Defendant J
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DANNY L. DAVIS, JR.,
Plaintiff/Petitioner
V.
MARY ANN K. DAVIS,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-233 CIVIL TERM
IN CUSTODY
PRIOR JUDGE: EDGAR B. BAYLEY, P.J.
PETITION FOR SPECIAL RELIEF
AND NOW, comes Petitioner, Danny L. Davis, Jr., by and through his attorney, Hannah
Herman-Snyder, Esquire, and the law firm of Griffie & Associates, and petitions the Court as
follows:
1. Petitioner is the above-named Plaintiff, Danny L. Davis, Jr., hereinafter "Father," an
adult individual currently residing at 417 Independence Court, Mechanicsburg,
Cumberland County, Pennsylvania.
2. Respondent is the above-named Defendant, Mary Ann K. Davis, (hereinafter
"Mother,") an adult individual currently residing at 103 Commonwealth Drive,
Bethlehem, Lehigh County, Pennsylvania.
3. The parties are the natural parents of three (3) children, namely, Zachary Daniel
Davis, born August 18, 1992, Alexis Nicole Davis, born August 7, 1997, and Isabella
Marie Davis, born July 26, 2001.
4. The parties are subject to an Order of Court, dated July 3, 2007, whereby Mother
exercises primary physical custody of the children and Father exercises partial
physical custody of the children every other weekend and approximately two (2)
evenings a week, a copy of said Order of July 3, 2007 being attached hereto and
incorporated herein by reference as Exhibit "A."
5. The parties have been exercising custody according to the Order of July 3, 2007 since
prior to said Order.
6. On or about Monday, February 4, 2008, the child, Zachary, informed Father that
Mother was leaving him alone at night on a regular basis, during the school week, in
charge of his two sisters, ages six (6) and ten (10), and on at least two (2) occasions
did not return to the home until after 6:00 a.m.
7. On February 4, 2008, the parties and Zachary spoke and because Zachary expressed a
desire not to return to Mother's residence, the parties agreed that Zachary would stay
with Father for the night, at which point Zachary stayed with Father in a hotel room
so that Father could transport him to school the next morning.
8. On Tuesday, February 5, 2008, Father spoke with Zachary's school counselor, Chris
Lynde, and then Father, Zachary and the counselor met, at which point they contacted
Mother to discuss Father's pre-arranged visitation that night with all three children.
9. Based upon the discussions and after Father and Zachary spoke with Mother and
Zachary was able to express to his Mother why he was upset, it was agreed Zachary
would again spend the night with Father and take a day off from school the following
day to deal with his concerns.
10. Zachary initially met with the current school counselor, Chris Lynde, in regards to the
current issues regarding dealing with his Mother leaving him home alone at night, as
well as Mother's current driving under the influence charges and conviction;
however, Zachary has been meeting with another school counselor every few weeks
for quite some time to deal with his parents' separation, which occurred several years
ago.
11. Chris Lynde informed Father that Zachary seems to be depressed.
12. Zachary has been experiencing severe abdominal pain recently which has no medical
explanation such that Father believes and therefore avers that said pain is stress and
anxiety related.
13. Zachary is generally a straight-A student but his grades have been dropping this
marking period such that he is averaging B grades rather than his normal A grades.
14. Father returned to his home on Wednesday, February 6, 2008, with Zachary, and
Zachary again expressed a desire not to return to Mother's home which resulted in the
parties speaking and, then, Zachary and Mother speaking, after which Mother agreed
that Zachary could again stay with Father for the night.
15. On Thursday, February 7, 2008, Zachary informed Father that he wished to reside
with Father on a primary basis, after which Father suggested that they discuss this, in
person, with Mother, and moved forward to make said arrangements with Mother.
16. Mother and Father had some miscommunication in regards to what Father believed
was a set time for him to talk with her at her home and when he called her to
straighten out the arrangements she was not willing to talk and insisted that Zachary
be returned immediately or she would call the police.
17. Father returned with Zachary to his home, upon Zachary's express request, and on his
way home was contacted by the police, who simply wanted to ensure Zachary's
safety.
18. Father intends to enroll Zachary in counseling as soon as possible so that Zachary can
deal with the issues he has now brought to Father's attention.
19. Father believes and therefore avers that it is in the best interest and permanent welfare
for Zachary to live with him on a primary basis and to begin visitation with his
Mother when he is emotionally able to do so and that custody be transferred
immediately.
20. The Honorable Edgar B. Bayley entered the Order regarding the current custody
arrangement on or about July 3, 2007.
21. Attorney Beth Knickerbocker was involved, on behalf of Mother, with negotiating the
Custody Stipulation and Agreement, which resulted in the Order of July 3, 2007;
however, Attorney Knickerbocker did not enter a formal appearance in the prior
custody proceedings, but she is being provided with a copy of the foregoing Petition
for Special Relief via facsimile.
WHEREFORE, Plaintiff/Petitioner requests your Honorable Court to enter an Order: (1)
Granting Plaintiff/Petitioner immediate primary physical custody of the minor child, Zachary
Daniel Davis, born August 18, 1992, age fifteen (15); (2) granting Defendant/Respondent
periods of visitation as agreed upon by parties, with Zachary's input; (3) granting
Plaintiff/Petitioner permission to enroll the child in school immediately; and (4) scheduling a
hearing in this matter; and (5) such other relief that the Court deems just and proper.
Respectfully submitted,
N' (U f?AkSUl h JTA? I A
Hannah Herman-Snyder, Esq ire
Attorney for Plaintiff/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE: D2 /Y/'-wos
Danny L. vis, Jr., Plaintiff/P itioner
f
DANNY L. DAVIS, JR.,
Plaintiff
V.
MARY ANN K. DAVIS,
Defendant
II\T THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PEI\TNTSYLVANIA
CIVIL ACTION - LAW
NO. TERM
IN' CUSTODY
ORDER OF COURT
AND NOW this 3 r8 day of ,lll..l 2007, the attached Custody Stipulation
and Agreement is hereby made an Order of Co t.
BY THE COURT,
cc: Hannah Herman-Snyder, Esquire
Attorney for Plaintiff
Beth A. Knickerbocker, Esquire
Attorney for Defendant
t' F 4?y
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DANNY L. DAVIS, JR.,
Plaintiff/Petitioner
V.
MARY ANN K. DAVIS,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
NO. 07-233 CIVIL TERM
IN CUSTODY
PRIOR JUDGE: EDGAR B. BAYLEY, P.J.
CERTIFICATE OF SERVICE
I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the 8th day of February,
2008, cause a copy of Plaintiff/Petitioner's Petition for Special Relief to be served upon
Defendant/Respondent by first-class mail, postage prepaid, and her attorney by facsimile and
first-class mail, postage prepaid at the following address:
Beth A. Knickerbocker, Esquire
Fourth Floor
100 North Third Street
Easton, Pennsylvania 18042
(610) 253-8227
Facsimile: (610) 253-1004
Mary Ann K. Davis
103 Commonwealth Drive
Bethlehem, PA 18020
DATE: Z -Z - )B
Hannah Herman-Snyder, Es uire
Attorney for Plaintiff/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
DA>\TNY L. DAVIS, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBEP.LANTD COUNTY, PENNSY?VAtgA p
• c o -r,
v. CIVIL ACTION - LAW 73
MARY ANN K. DAB IS, • L.J =
NO. C1 4 CIVIL TERM ?, rn
Defendant IN CUSTODY
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-
CUSTODY STIPULATION AND AGREEMENT Lz, r
W
THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set
forth, by and between Danny L. Davis, Jr., (hereinafter referred to as "Father") and Mary Ann K.
Davis, (hereinafter referred to as "Mother")
WHEREAS, the parties are the natural parents of three children, namely Zachary Daniel
Dcn,is, born August 18, 1992, and .Alexis Mcole Davis, born August 7, 1997, and Jsabella 117c17-ie
Danis, bozo July 2b, 2001 (hereinafter referred to as "Children"):
WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive
stipulation and agreement relative to physical and legal custody of their Children.
NOW THEREFORE, in consideration of mutual covenants, promises and agreements as
hereinafter set forth, the parties stipulate and agree as follows:
1. The parties shall share legal custody of the children.
2. Mother shall exercise primary physical custody of the children.
3. Father shall exercise partial physical custody of the children as follows:
a.) Every other weekend, beginning at 5:00 p.m. on Friday and returned to Mother's
by 7:30 p.m. on Sunday;
b.) A maximum of two (2 j days during the week, beginning immediately after the
end of the children's school day until 7:45 p.m., during the school year, and from 9:30
a.m. until 9:30 p.m. during the summer; arid
c.) At other times as agreed upon by the parties.
4. All custody exchanges shall take place at the curbside of each party's respective
residence.
5. Mother and Father shall be flexible in regards to the beginning time of all custody periods
as each party will be traveling some distance to exercise custody. and each party shall
notify the other. as soon as possible, to advise as to any delay in the exchange of custody.
6. Father shall provide Mother with six (6) weeks notice as to his week day visits, but the
times and/or days may be altered with two (?) weeks verbal notice, by either party, and
the re-scheduled date must be mutually agreeable.
7. Transportation shall be shared such that Father shall provide the transportation for his
periods of partial physical custody during the week, and Mother shall provide all
transportation for Father's weekend periods of partial physical custody, except as set
forth herein. If Fattier does not make at least one visit during the week, the parties shall
share equally in the transportation for the weekends such that each party shall provide
one end of the transportation and the other shall provide the other. or the parties shall
meet half way. If and when Mother is working on Father's weekend period of partial
physical custody such that she is unable to provide all transportation, Father shall provide
one round trip, either Friday or Sunday, and Mother shall compensate Father for this
travel in the amount of $35.00 per round trip.
b. Father shall exercise custody of the children during the summer for one (1) full week
(seven days) for each of the months of June; July, and August, Vith the option to extend
one of the periods from seven (7) days to ten (10) days for extended trips. Should Father
request an extended trip, Mother shall grant this request with the understanding by both
parties that any additional days for an extended trip will be deducted from other periods
of summer custody. Father shall provide Mother with notice of all of his weeks of
summer custody, in writing, no later than May I".
9. Mother should be entitled to three (3) non-consecutive weeks of summer vacation and
shall provide Father with notice, in writing, by May 15'j'. Both Mother and Father shall
exercise their periods of vacation such that they do not interfere with the other parent's
weekends and should they interfere, they shall be entitled to male up time for any
weekend time lost.
10. Memorial Day, Independence Day, and Labor Day shall rotate each year. The rotation
shall begin with Mother exercising custody of the children for Memorial Day in 2007.
The times periods are as follows:
a.) Memorial Day -9:00 a.m. through 7:45 p.m.
b.) Independence Day - 9:00 a.m. through 11:00 p.m.
c.) Labor Day - 9:00 a.m. through 7:45 p.m.
11. The Thanksgiving holiday shall be shared such that in even numbered years Father shall
exercise custody of the children from the time school is dismissed on Wednesday through
Saturday at 12:00 p.m. Mother shall exercise custody from 12:00 p.m. on Saturday until
7:00 p.m. on Monday. This schedule shall alternate in odd numbered years.
J?. The children's winter break shall be split into two (2) periods of time:
a.) Block A - From 5:00 p.m. the day school ends through the middle of the winter
break, with the exchange taking place at 12:00 p.zn. on the middle day of the winter
bream.
b.) Block B - From 12:00 p.m. on the middle day of the winter break through 7:00
p.m. the day prior to school resuming.
Mother shall exercise custody during Block A in even numbered years and Father shall
exercise custody during Block B in even numbered years, and this shall alternate in odd
numbered years. The non-custodial parent shall have the chance, should he/she desire. to
exercise custody of the children on Christmas Day from 4:00 p.m. until 8:00 p.m.
I I The Easter holiday shall be shared such that in odd numbered years Father shall exercise
custody of the children from dismissal of school on Vdednesday until 4:00 p.m. on
Saturday. Mother shall exercise custody of the children from 4:00 p.m. on Saturday until
7:00 p.m. on Monday. This schedule shall alternate on odd numbered years.
14. The transportation for the holiday and summer vacation periods of custody shall be
shared equally such that each party shall provide one end of the transportation and the
other shall provide the other, or the parties shall meet half way.
15. The parties shall keep each other advised in the event of serious illness or medical
emergency concerning the children and shall further take any necessary steps to ensure
that the health and well-being of the children is protected. During such illness or medical
emergency, requiring hospitalization, both parties shall have the right to visit the children
as often as he or she desires consistent with the proper medical care of the children.
Mother- shall provide Father with any and all medications and/or any other medical
equipment or health supplies to Father, and Father, when returning the child, shall return
all of the medications and/or equipment to Mother.
16. Neither parent shall do anything which may estrange the children from the other party,
injure the opinion of the children as to the other party, or which may hamper the free and
natural development of the children's love and affection for the other party.
17. Either party can remove the children from the state of Pennsylvania for his/her periods of
custody for weckends/vacation/holidays and shall provide an address and telephone
number, prior to removing the children from the state of Pennsylvania, at which said
party can be reached by the other party.
18. Father shall be entitled to reasonable daily telephone contact with the children, with
Mother ensuring that the children contact Father.. at a minimum. once a day. Should the
children request to contact Father more than once a day, Mother shall make every effort
to accommodate the children's request.
19. It is affirmed that the Court of Common Pleas of Pennsylvania, Cumberland County
Branch, had jurisdiction over the issue of custody of the children in this case at the time
the proceedings were initiated and, further, by agreement of the parties and Order of
Court, the Court had jurisdiction over these matters for purposes of this Stipulation and
Agreement such that it is appropriate for the Court to enter an Order of Court. For all
future purposes, including but not limited to enforcement and modification of this
Stipulation and Agreement; it is proper that the Court of Common Pleas of Pennsylvania..
Northampton County retain jurisdiction for as long as Mother and the children reside in
Northampton County, Mother shall be responsible for all costs associated with
transferring the matter from Cumberland County to Northampton County.
20. Mother shall, within five (5) days of the execution of this Stipulation and Agreement,
file a Petition to withdraw her Motion to Transfer Case to Northampton County,
Pennsylvania and shall include in her Petition a request to vacate the Order of Court of
April 30, 2007 and cancel the Argument Court scheduled for Thursday, June 28, 2007 at
1:30 p.m., as well a request to vacate all prior Orders in this matter.
21. Any modification or waiver of any of the provisions of this Agreement on a permanent
basis shall be effective only if made in writing and only if executed with the same
formality as this Stipulation and Agreement.
22. The parties acknowledge that they have read and understand the provisions of this
Agreement. Each party acknowledges that the Agreement is fair and equitable and that it
is not the result of any duress or undue influence.
21 The parties stipulate that in malting this Agreement, there has been no fraud,
concealment, overreaching, coercion, or other unfair dealing on the part of the other
party.
IN WITNESS WIIRRT OF' The parties hereto intending u) lac locally brand by the terms
hmof; set forth t.hcir handy, and seals the day and year hereinaflcr mentioned.
WI'1'TJISSSETH;
,r f / r
Date T)Al,,NY AVID, J1:.
? !j J
MARY AIV /K. DAVIS
?on1r,?1(:)>*lWr/?I,7'JI OF PHJ' _N'S`:'T,V;.?NIA
COUNTY OF T?!' i,P7_Dj/j
j1d
On this , day of 2007, before mr, the undersigned
officcr, personally appcarr_d MARY ANN )it., T AVIS, known tO me (or satisfactory proven) to
be the person whose name is subscribcd to the within t;gr=merat and acknowledge. d the she
cxccuted the same for the purpmse therein contained.
TN WITNF. 1>,1FII Ts;CJF, i her- utlt.j ;ct m? halad aclc! o!'Jici?l scat.
Ill/
k, t
Notary (Public `.._
OOMMOMnrSL77p OF p_?NNSYLVANIA
Notarial Seal
13oh A. Knickerbocker, Notan, Public
Cite of i;aston, Northampton Counl:'
M t-ntnmissIon Expires June 20j-
COMMONWEALTH r)l ENNSYL~':"t?tiTA
C01 NTI' OF t:tri. r1%b'd
On this c (+k clay of i-d-'l- 2007. before rm, the undersigned
off.cer, personally appeared DANTNIY L. DAVIS, JR., known to me (:yr satis? torn pT ven) ,o
be the person whose name is su scribed to the within Agreement and atknowkcctgcd !hat he
executod the same for the purpose therein contained.
?Nl WITNESS WTIE'REOF, ! hcrrunto set my hand a11d offieiai scai,
Notary Public:
NOTARIAL SEAL
ROBIN J. BASSETT
Notary Public
CARUIM 9MCKAH, CUNT Cf Y
Coffmd5sion Explret AW 17. 2011
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DANNY L. DAVIS, JR., IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MARY ANN K. DAVIS,
DEFENDANT 07-233 CIVIL TERM
ORDER OF COURT
AND NOW, this ?t= day of February, 2008, the request for a
hearing for special relief, IS DENIED.'
Xannah Herman-Snyder, Esquire
For Plaintiff
/eth Knickerbocker, Esquire
For Defendant
sal
' We will not consider a change of custody of one child on this petition by the
father. A complaint for a change in custody should be filed and referred to
conciliation. If the father now chooses to have Zachary receive counseling the
mother shall cooperate.
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