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HomeMy WebLinkAbout01-06091 ~' DWAYNE E. DAVIS, SR. PLAINTIFF IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 01-6091 CIVIL ACTION LAW DEBRA 1. BAUGHMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 07, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbnrg, PA 17055 on Wednesday, December 05, 2001 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to Tesolve 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 pTesent at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent oTder. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, aud Custody orders to the couciliator 48 hours prior to scheduled hearing. FOR mE COURT, By: Isl Dawn S. Sunday. Esq, ~ Custody Conciliator ~ '; ! The Court of Common Pleas of Cumberland County is TequiTed 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 HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1'1!1!'W~",""~,, ~_ ~ <, I ~ , Q:I!Mwr~ljj;~.&ill00 M..~ '~''i.'',d,,',>~<,,'-i-, .." "'k-'d'~'"''bJ':i",",""",I,,,i,s,''' ,.'".,,-, :.'~~-=;'!"~";,Y!"';;;'''''"'''_~''~~~'_,;j,,~' '-' '^ " , .4ih!!l~'J~",~"",~';a4~:.Il~f"; , "vJm'\llIli\rl~~ C] ,.l'r;!1 ''d', -~8 ':;t. "'t <'..0,'8 CU1,;::"--,-- I "'l;lJ;L...-.,., ',:,-", ,',. FI-j\'J' ,..., 1,--, , " ,: '\ '- v!\'0I/j 1 /,' -'vUi (Py. ! ,-,I ,; t,.'f 1\ ~ I G, \[.','--\ /If-(JI w- ~ ~ ~ aI:."~ Ir-f'-t:J/ //f~ ,h~ % ~. II-r.dl (~~ -d;- aff~jt ',~,i;~;"t.:~:wm:!';~,~IJJ!t~JJH4,~~,~~_",_",~p:=__,~,,", ,>,_,_",~;,-;, >,\~ "_'" ~'.~,,~"""'''''-''''''''''-~,,"''''. -"'''T. <,""" .. ~ , 'W. -> ~ .:. ff ~'.r vs. : 1HE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ No. 01 - (,..01':(/ CIJ,l'-r~ DWAYNE E. DAVIS, SR., Plaintiff DEBRA J. BAUGHMAN, Defendant : CIVILACTION-ATLAW : CUSTODY ORDF,R OF C.OTTRT You, Debm J. Baughman, Defendant in the above-captioned custody action, have been sued in court to obtain custody, partial custody or visitation of the following child: Dwayne Davis, Jr., DOB 5/17/88. You are ordered to appear in person at 2001, at _M.,for: ,on _ a conciliation or mediation conference. _ a pretrial conference. _ a hearing before the court, If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 1HE OFFICE SET FORTH BELOW TO FlND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 BY 1HE COURT: Date: J. ;':~~ , . , ~ """""'>r1'1 ~ "1" - ~.., .~ ,-, vs. : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No, 0\ - /,0'1/ G(.)~l '-r~ DWAYNE E. DAVIS, SR., Plaintiff DEBRA J. BAUGHMAN, Defendant : CIVILACTION-ATLAW : CUSTODY AMERICANS WITH DISABILITlES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 mnst be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Date: J. ";!',l-; r, ^ . - ~ ","--'. " ., ' """",, I .'^ ,,< " - II , r'Trln~ vs. : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 0\ - b09! Clu',l ~~ : CIVlLACTION-ATLAW : CUSTODY DWA YNEE. DAVIS, SR, Plaintiff DEBRA J. BAUGHMAN, Defendant roMP' ,,<\ TNT TN rnSTonv AND NOW, the Plaintiff, Dwayne E. Davis, Sr., by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Dwayne E. Davis, Sr., is an adult individual who currently resides at 15 Cheyenne Court, York Haven, York County, Pennsylvania, 17370. 2. The Defendant, Debra J. Baughman, is an adult individual who currently resides at 2052 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Plaintiff seeks partial custody of the following child: Na.nll: PT~nt Re~iden{',e Age Dwayne Davis, Jr. 2052 Walnut Bottom Rd Carlisle, P A 17013 13 DOB 5/17/88 The child, Dwayne Davis, Jr., is presently in the custody of his mother, Defendant Debra J. Baughman, who resides at 2052 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, 17013, I ;,~,,'" ~,~ " ~ . , ,,~~ ~ 1~""'~r -~- ,,~ ;;;>.~ ,~-~ For the past five years, the child has resided with the following persons and at the following addresses: Name Ad<ire~~ Dates (Approx.) Debm Baughman (Defendant - Mother) Chester Baughman (Defendant's husband) Shane Winters (Defendant's son) 2052 Walnut Bottom Road Carlisle, P A 17013 3/0 I-present Dwayne Davis (Plaintiff - Father) 15 Cheyenne Court York Haven, P A 17370 10/31/00-3/01 Dwayne Davis Brandy Davis (parties' daughter) 851 W. Louther Street Carlisle, P A 17013 3/00-10/31/00 Dwayne Davis Debra Baughman Brandy Davis Shane Winters (Defendant's son) Both parents shared custody either living together or apart at various residences in Carlisle. 1996-3/00 The natural mother of the child is Debra 1. Baughman, Defendant, currently residing at 2052 Walnut Bottom Road, Carlisle, Cwnberland County, Pennsylvania 17013. The natural father of the child is Dwayne E. Davis, Sr., Plaintiff, currently residing at 15 Cheyenne Court, York Haven, York County, Pennsylvania, 17370. 4. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the child is that of natural mother. To Plaintiff's knowledge, Defendant resides with the subject child, Chester Baughman (her husband), and Shane Winters (her son). 6. To the best of Plaintiff's knowledge, Plaintiff has not participated as a party or v,~~~ <, " _ ~" ~ " ~ "1 c, 'I .~. ;F~''': '~Trmn '-" ~c -',' -- - witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 8. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural father of the child. (b) Plaintiff has established a relationship with the child. (c) Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the child. (d) The child should be permitted to enjoy the love, affection, and emotional support which can be provided by his natural father. (e) The parties can no longer agree on a reasonable custody arrangement for the child whereby both parents have routine contact with the child. 9. 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. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. 1"r~.t?1'f ~"," '"" - I .f ,- ~" ~~~",.."", C." - , WHEREFORE, the Plaintiff respectfully requests this Honorable court to grant him full primary custody of his son subject to partial custody and/or visitation with Defendant. RESPECTFULLY SUBMITTED: ./ / Jeann' . Costopoulos, Esquire COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 PA Supreme Court ill No. 68735 Telephone: (717) 221-0900 Fax: (717) 221-0904 ATTORNEY FOR PLAINTIFF Dated: 1~~Jl /~ / ".."~I!'llI ""'1'!~ ,~ ,"' " , , - ~~ ~~ '. DWAYNEE. DAVIS, SR., Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. DEBRA J. BAUGHMAN, Defendant : CIVILACTION-ATLAW : CUSTODY VERlFJC.A nON 1, Dwayne E. Davis, hereby verify that the statements made in the foregoing Complaint in Custody are true and con;ect. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. li4904, relating to unsworn falsifi ation to authorities. Date: 10- /8' ~O / Signature: Z- )fIJl)lilRn!!,," ".'~'; ." " - ~~ - ~"~~, II ,-~~ - . 1 >-, ."~~ ,.~.. ,- ., 'kit" " "1" ~rj;"'rrii! 'i'i'Till!'']' 1....fiijf..'illIt~W!'W ):::J P "9. ~ r~ ..... c ........ c 0 C)' ,". ~ "-./ .. C " "- N ~ "f.._,. :;) ~ ~~f! r-.., ~ 0 -l "':::.{'!-., f'J ~ ~ f! ~~;~ ... ,~ 17- c.; -~) ~O _."1 ;'_~ .'-7'-'- -(. ;C-:r-r, J PC: w ,,,,'; ?-.-: "'" ~~~~ --J :~O -< CO -< :~.,- >."!lIiIQl!lIitiillli~~,~~1 ~ !8J!'1,_ "" ~" "~~~'Nt~W)I:_!~~'l~~:tIl!~~&f~'j;~'''-~"''''''''''i'''?i'''~e''''';;>;'''''--''''' "'i""',","i""'~~~lllif'ft7<m,,-,%if'j~,!;'C'fi";':"":7C""""- "~J:I"<'i'rY,fj~''1f;'''Jn'W!ijC'~I.''''''f-' fl"j"- .....""... j -4 ~ DWAYNE E. DAVIS, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01..6091 CIVIL ACTION LAW DEBRA J. BAUGHMAN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this r r day of ~ , 2001, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 30, 1994 is vacated and replaced with this Order. 2. The Father, Dwayne Davis, and the Mother, Debra Baughman, shall have shared legal custody of Dwayne Davis, Jr., born May 17, 1988. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well..being including, but not limited to, all decisions regarding his health, education and religion. Both parties shall have equal access to all records pertaining to the Child, including medical and school records. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall provide his medical insurance information to his counsel on December 19, 2001, the date of the Conciliation Conference. The parties and counsel shall use the list of participating psychiatrists through the Father's insurance coverage to select an appropriate psychiatrist for the Child and schedule the initial session. The parties shall follow the recommendations of the psychiatrist with regard to treatment for the Child and supervised visitation for the Father with the Child. The parties shall cooperate in scheduling the sessions recommended by the psychiatrist as well as recommended periods of visitation. 5. The Mother shall take all necessary steps in order to enroll the Child in the wrap..around program recommended by the Child's prior counselor. 6. The parties shall communicate directly with each other concerning issues affecting the Child without interference by third parties. The parties shall establish sufficient cooperation to address the Child's psychological/medical problems in a combined effort to promote the Child's welfare. 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 ~~,,~~ ~"_."F"'~ T:'lII' ~~1 ." , ~ , 1""-"-1 ~- :~"- 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, 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, the terms of this Order shall control. J. cc: Jeanne B. Costopoulos, Esquire - Counsel for Father Galen R. Waltz, Esquire - Counsel for Mother if c~f(* \?-..,,-~-6 \ 'l'''~~---'''''''' .. - ~ - " <" " ~~""~~"' 1 ~~,""".", :'~MillfMt-'I" ,< "'I,,<<~'i~l~~mt~1ilf~rl."""'>'-'''"'''''M<i,t*.!ilj',",i'>d'''";il'.''d,,;L-!;!m';;w,];~j<.,L:1d:l",'od;,,",ilill;i,.,':'~''''''~'..llIii~~~ ,..'.. ,i."J.J .JJijJ~~~JJIII "J!;:""!,J~!I!U!~~I""J!r;,,,~,,",~,.~, ,., " "~'p~ ~~,_. FiLEl}.OI'FlCE ('- - .r ",,""1 .r"n-rA"Y \]0- 11'.;'- :' , :1,.-.; 'I\:\_,j"n "I, , ,_, ,_.T 1,1_ 01 DEe 28 M11O: 49 CUMBEJiLmJ COUNTY PENNSYLVANIA -," ,. - ,- ~"~ .'..-- .'" - .. ~ . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 01-6091 DWAYNE E. DAVIS, SR., Plaintiff DEBRA J. BAUGHMAN, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY lREPORT 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 Dwayne Davis, JI. May 17,1988 Mother 2. A Conciliation Conference was held on December 19, 2001, with the following individuals in attendance: The Father, Dwayne Davis, with his counsel, Jeanne B. Costopou10s, Esquire, and the Mother, Debra Baughman, with her counsel, Galen R. Wal12, Esquire. ~~A Date 3. The parties agreed to entry of an Order in the form as attached. cC'L-J~~ Dawn S. Sunday, EsqUIre Custody Conciliator do, dCXJI . ,:/;''''''''~. ~ ~, ~ ~ - I" , ,,' " ~