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Home My WebLink About00-08379 -, -, ., ~, , ._l.~t' ..........." p~ ~ DEAN DEVOR PLAINTIFF V. COLLEEN DEVOR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8379 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 8th day of December, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbnrg, FA 17055 on the 2ud day of January, 2001 , at 11:00 a.m. 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 defme ,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. FOR THE COURT, ,By: Isl Dawn S. Sunda E Custody Conciliato The Court of Common Pleas of Cumbedand County is required by law to comply with the Americans with Disabilites Act of 1~90. 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 TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone e7l?) 249-3166 i!'jj~m-OO~!\..Iigi;,~~iJ!i!(i~,~l1llil'~~~.I"':;'61;_t;;"~_,!",,",~,;;_~-s,',,!<j-_J"~"~J,".:!i-i&aThkli!l~~waiiliilltill~lili_~~ ' ~ ~" Il-..._., ~'"_C" <~"'c. ~_~_, ,~'". .~~,"""_,~ ""!'_'",,,,~~,,"_;","_ , ~<,' ,,' '~"71~-~,,-~ ,_ ,,"_" ." ,'"""", ..... ~ ... f -r-f-f -< --.,(. : ~ ~ o ,.' C' ~ ~ e a &- t t::"- ~ '^- rt"J ...,,,, , ~~,,'~, ,-~, ~~-'~~ ~. ('1 0 0 c C' -1"1 ;>' <::I ~ '"Occ ,'I rnfT10 ,,> " Z:rJ :.~i ~~~. 0) I ~~~:;,~?, !<c -v -c's ;~~ )::-c' ::J:: Z -' .,;;.-""::._~ j;CJ ~ 0' C 2' ~ ~~ =< -<. .. '~~,' Dean De V or Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : NO. 00- 8379 CIVIL TERM Colleen De V or Defendant : CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ,the conciliator, at on the _ day of , 2000, at _ .m., 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. By the Court, Date: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 ASSOClA nON 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 OR (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Conunon Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of1990. For information about accessible facilities and reasonable acconunodations 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. . ~ . ~"fVflJliiitiiik Dean De Vor Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00- 'i319 CIVIL TERM Colleen DeVor Defendant : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Dean Blake DeVor, hereinafter referred to as the father, residing at PO Box 385, Flemington, West Virginia. 2. The defendant is Colleen DeVor, hereinafter referred to as the mother, residing at 914 Brant Ave., Cumberland County, Pennsylvania. 3. The plaintiff seeks custody of the following child: Name Dean Blake De V or 11 Present Residence New Cumberland, P A Age 13; DOB 10/29/86 The child was born out of wedlock. The child is presently in the custody of Colleen DeVor, who resides at 914 Brandt Ave., New Cumberland Pennsylvania. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Dean and Colleen DeVor Baltimore, MD birth-l 993 Colleen DeVor 914 Brant Ave., New Cumberland I 993-present The mother of the child is Colleen DeVor, currently residing at 914 Brandt Ave., New Cumberland, Pennsylvania. She is single. The father of the child is Dean De V or, currently residing at PO Box 385, Flemington, West '" ~, ~ , ~I' ~'~;r.i Virginia. He is single. 4. The relationship of plaintiff to the child is that of Father . The plaintiff currently is residing at PO Box 385 Flemington, West Virginia. 5. The relationship of defendant to the child is that of Mother. The defendant currently resides with the following persons: Name Relationship Earl Ferguson Earl Ferguson Jr. Boyfriend Child 6. The plaintiff had filed an action through Baltimore Legal Services reguarding custody of Dean DeVor II. Defendant was named as a party. However, she was not available for service in Maryland, and the suit was dropped. 7. The plaintiffhas no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. The father had raised the child from birth to the age of seven, during which time the father and child formed a bond. b. The mother took the child to Glen BurnieMaryland when the child was seven years old, without the consent of the father. When the father took steps to seek custody of the child in Maryland, the mother fled to Pennsylvania and :'i<'~ L--..L has since denied the father significant access to the child. c. The mother has been extremely uncooperative and has resisted the father's efforts to establish a relationship with the child for the past eight years. d. The father can provide a stable environment for the child, and has expressed a strong interest in re-connecting with his son. e. It is not in the best interests of the child to be separated from the father. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant him liberal periods of physical custody with the child and any other relief which is just and proper. Respectfully submitted, &:: Attorney for the Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 " n;j;jilllli-~~ , - -~ , ~ -~iI,. VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct tot he best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Dated: l 0 ~ 0>-8- ..esD D Dean DeVor, Petitioner iIl~~jj-i.;.w...-;J~~.,n,ri;b''!l&iMR!,f,f&~:i~~~.l:':!>ii:ic''''',bl'&~_,0.;~,:,-,;u"'''',,,"k,,ji,t,,,,~~~-4'ir:rliai@~iif'i!k!mtiili~liI~ -1:,~ ;~'~':~c_,E,,!:J;L;!;,~,-,~,-Wl~~U,d~;,LJ)~r::'~_~-:JJ_,;, F~:,~::_n" {',,' -"-~--'i-,_"" ::-'~)~'" -I."". <_h ,," -- -".~~;;:;W;J '~~-'""'~'Illl~"","_!<'li",~Elsil , ,- "._-~- > ,~" ""~,'~" , , ,:~ 0 0 ~ ~ 0 ~ ,-I -~ iCD ft~~ lfJ n -nfn ~~ I :5y ,-) ~- -0 ~Q o..-"".-n }g :x 0- Z~ 0 -~ ~ c.- 55 J,:- '< ~ ",,-"'- , .......""" "~ ",-, I~,. Dean De V or Petitioner IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA . 837'1 : NO. 00- CIVIL TERM Colleen De V or Respondent :IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Dean DeVor, Plaintiff, to proceed in forma pauperis. I, Joan Carey, attorney for the party proceeding in forma pauperis, certifY that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Carey Attorney for the Peti . oner LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 -",' ".,' '~, - . " I"'. . ~' "'M~ AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I. I am the plaintiff in the above matter and because of my fmancial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs oflitigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Dean DeVor Address: PO Box 385 Fleminlrton. WV 26347 Social Security Number: 214-90-0197 (b) If you are presently employed, state Employer: Rvan Environmental Address: Rt. 4 Box 260 Bridgeport. WV 26330 Salary or wages per month: 1440.00 Type of work: Labor If you are presently unemployed, state Date oflast employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: $0 Other self-employment: $0 Interest: $0 ~-' L. - ~..'~.,~' Dividends: $0 Pension and annuities: $0 Social Security benefits: $0 Support payments: $0 Disability payments: $0 Unemployment compensation and supplemental benefits: $0 Worker's compensation: $0 Public Assistance: $0 Other: $0 (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: N/ A (e) Property owned Cash: $0 Checking Account: $0 Savings Account: $0 Certificates of Deposit: $0 Real Estate (including home): $0 ."'--~'~ - , , ,~- "" .'~, Name: Dean DeVor II Age: 13 4. I understand thatl have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. ~:' 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: {(),.-;g~ l)-Jv.er -""'I A-'5 ~ A ~"\.N V \\l \tV\L-- .!f,: ~- Dean DeVor, Petitioner ~, ~-e-~f -:-\- ~-l~~~ uJAS jjj~ MLHiiWmt'il~I~~~l!lIit<",-m~~'I;";IVOi-;';1l:~;;WJilil".lHi~~Iii.;&.~.~iWIfiim~ ~ <',~'O'_"-' '..~~.','lj,,~~_,~_"~~ ;'o~",. ,',~'<~-,- '" ^,'" ,,,. ..1. - ,,- '- L_ ~ ~. _v. J 0 ill~Uil[f -~lNIllr:lI/i_~II~ "I ,~~~ . ~ 0 .\j{ 0 '-' ::;f I f'Tl . , n F-:"-:i-pl L I ~lJ,m ~ :00 Q6 -0 '"4', -,..--r; I~ :::ll: CJ:n t, ".,..,.(') - o'm " ~ ,c0- \;' .- -< "" '""-- ... -\- ,~ I. -,,-, .. ! '.' " t-.'to DEAN DeVOR, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA plaintiff : . . vs. . . NO. 00-8379 CIVIL TERM : COLLEEN DeVOR, Defendant . . CIVIL ACTION - LAW IN CUSTODY . . aIDER OF COURT JA & AND NCM, this /6 day of -J" T' consideration of the attached Custody C ciliation Report, and directed as follows: eJ.dO/ , 2001, upon it is ordered 1. The Mother shall have primary physical custody of Dean Blake DeVor, II, born October 29, 1986. 2. The Father shall contact the Child by telephone every Tuesday at 9:30 p.m., beginning January 2, 2001. The Mother shall ensure that the Child is available for the weekly telephone calls from the Father or, if the Child cannot be available due to extra-curricular activities or other plans, the Mother shall contact the Father and make arrangements for an alternative time. 3. The parties shall obtain an assessment of the Child by a prOfessional counselor. The purpose of the assessment shall be to evaluate the Child's psychological/emotional readiness to establish a parent-child relationship as requested by the Father. The parties shall follow the recommendations of the counselor with regard to the involvement of either party in the counseling session(s}. The parties shall obtain written recommendations from the counselor with regard to the Child's readiness and, if appropriate, the recommended timing and procedure for establishing contact between the Father and the Child in a manner which will serve the Child's best interests. The Father shall be responsible for all costs of the counseling/assessment. 4. within 60 days of receipt of the counselor's written recommendations, counsel for either party or a party pro se may contact the COnciliator to schedule an additional Custody Conciliation Conference if necessary. 5. This Order is entered pursuant to an agreement of the parties at a Custody COnciliation Conference. The parties may modify the provisions of .~ , "- ~'" " <, ,~,__"'~" ',' i ~ ') '. '.JilIl',Ji this Order by mutual consent. In the absence of mutual consent, the terms of this ~er shall control. ttTfUu,) fYjaJJ. 01 - J 0 -0 J RX~ cc: Joan Carey, Esquire - Counsel for Father Colleen DeVor, Mother ~ ,,~-- I 1\ i, ~~liJIIW_1fr,"'~f~r~~~~- '" 0' ,,"' "c_ . r- ""~'>'~ '0 ,,,,,,- mH!lt~~'~IJ~iJt'Il~j!l}~l~'l!f.;'<\""~" <<' ~, ~ ~~,- -, - \; . :! (] Ii;! Ii: IISI CUivi~~,i=i:LI__' PENi'-,;SYLVA;\ji:; ;;;~;0" ~C:;" ;,'-i-<' -"~rl'!!;ffll!c'wl)ltl-W-"",:\~",1}'ilit'.imm!'!111"r".:.,,,if<';;!,~iil'i!f~I~~~ " ,,' - ," ~,~, 'i"'~ (n'liJ "IiiiitM;~ DEAN DeVOR, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . . . . vs. : NO. 00-8379 CIVIL TERM : COLLEEN DeVeR, Defendant . . CIVIL ACTION - LAW IN CUSTODY : ClJSTODY CCRCILIATIC1'iI SUMMARY REPCRT IN ACCORDANCE WITH ClJMBERLAND CXXJNTY 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 ClJSTODY OF Pean Blake DeVor, II October 29, 1986 Mother 2. A Conciliation Conference was held on January 2, 2001, with the following individuals in attendance: The Father, Dean DeVor, with his counsel, Joan Carey, Esquire, and the Mother, Colleen DeVor, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Ja--,.1..L~ ~;).eo / Date ~~ Dawn S. Sunday, Esqu1re Custody Conciliator