HomeMy WebLinkAbout01-06093
"
,o'7~J] ,,', "
~ ,
JAMES E. DAVIS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
PATRlCIA C. BUNDY DAVIS,
DEFENDANT
CIVIL ACTION - LAW (CUSTODY)
NO. Ol- t:.09'.J Cic.>~l ~'I.
PRAECIPE TO REGISTER FOREIGN CUSTODY ORDER
TO THE PROTHONOTARY:
Please register the following Child Custody Order from the Chancery Court of Harrison
County, Mississippi, First Judicial District which bears the certified court seal and the date of
October 12, 2001.
Respectfully submitted,
BY: ~
teven Howe , Esquire
619 Bridge Street
New Cumberland, P A 17070
(717) 770-1277
Supreme Court I.D. 62063
Attorney for Plaintiff
Date: October 23, 2001
"
,,' "
~ I
1$l.
.
rr.
OCTl 2 2001
SoB
IN THE CHANCERY COURT OF HARRISON COUNTY, MISSISSIP
FIRST JUDICIAL DISTRICT
VERSUS
CAUSE NO.:
PLAINI.FF
92-01993/1 bjq;)./p
DEFENDANT
JAMES E. DAVIS
PATRICIA C. BUNDY DAVIS
AGREED ORDER
...,
THIS CAUSE this day came on Complaint of the Plaintiff, JAMES
E. DAVIS, for Modification of the Divorce Decree entered in this
matter on October 16, 1992, and the Court after determining that
the parties have reached an agreement finds, orders, and adjudges
as follows, to wit;
1.
Plaintiff, JAMES E. DAVIS, is an adult resident citizen of
the State of Pennsylvania.
/
2.
Defendant, PATRICIA C. BUNDY DAVIS, is an adult resident
citizen of the State of Mississippi whose street and post office
address is
#87348, CMCF-MOD, P.O. Box 8850, Pearl, Mississippi
39288-8850 where she may be served with process as provided by
\
law.
3 .
The parties were married on December 7, 1985. There was one
(1) child born of the union of the parties, namely KELLY LYNN
'~"~~~~~~""'~"~
1-
~ ,~
=~ " _"~, ,,10: ~_ ~~.""~
':i:'<
';"'~j~.~
.
DAVIS, a female born on April 1, 1986, and presently fifteen (15)
years of age. The Plaintiff complied with the UCCJA by providing
a resid~ncy affidavit for the minor child.
4 .
. .
This Court has continuing jurisdiction over both the parties
and the subject matter.
5.
On or about October 16, 1992, this Court entered a. Final _
Judgment
Divorce
based
grounds
Irreconcilable
of
on
of
Differences..
The Court awarded paramount physical custody of the
minor child to PATRICIA C. BUNDY DAVIS.
There is a provision in
the attached Child Custody, Support and Property Settlement
Agreement that states that "[N]either party shall remove the child
from the jurisdiction of the Court and more specifically, from the
St"te
Mississippi
without
prior written
approval
and
of
authority."
/
The Agreement provides further that "[I] n any event
in which the Wife shall be unable to exercise the care, custody
and control of the minor child, she acknowledges that the Husband
is a fit and proper person who may assume immediate care custody
and control of the child, and that same would be in the best
interest of the minor child."
\
6.
The plaintiff submitted a Complaint for Modification seeking
an award of paramount physical custody of the minor child, the
deletion of the provision requiring prior written authorization,to
,l
"v.
.~
tel,
,.
.
re~0ve the child from the State of Mississippi, and to modify the
child support obligation of JAMES E. DAVIS.
7 .
The Court finds that there has been a material change in
circumstances that has had a detrimental effect on the minor
child, and that this material change warrants a modification of
the custody arrangement. It is therefore,
ORDERED AND ADJUDGED that the October 16, 1992 Final Judgment
"'i,a>-
of Divorce is hereby modified to provide that JAMES E. DAVIS is
awarded primary physical custody of the minor child. It is
further,
ORDERED AND ADJUDGED that the Judgment is further modified to
delete the provision requiring prior written authorization for
removal of the child from the State of Mississippi. It is
further,
ORDERED AND ADJUDGED that the obligation of JAMES E. DAVIS to
pay child support to PATRICIA C. BUNDY DAVIS is suspended, and
that the Court reserves the right to revisit the issue of a child
support obligation for PATRICIA C. BUNDY DAVIS when she is
released from incarceration. It is f~ther,
ORDERED AND ADJUDGED that JAMES E. DAVIS will continue to
advise the Court and PATRICIA C. BUNDY DAVIS of any change of
address for the minor child within five (5) days of such change,
,'i"<"~,~~,""," k
, ,
-
, ,
'-"'''F'''''~'-
',!S"-
~
!,ryf~t''''iiIPI~ .
.
.
and that he shall further keep her advised of any change in his
employment address and telephone number.
~
IT IS SO ORDERED this the \ '2-- day of:J J - L, 2001.
ai1iaCl C 6U11
ATRICIA C. BUNDY
CHANCELLOR
~DA!SP~
OTTIS B. "CHIP" CROCKER, III
DAVID L. LORD and ASSOCIATES, P.A.
2300 24th Avenue
Gulfport, MS 39501
(228) 868-5667
MSB #8836
, .
" ~"'l
\
--,
r
~
''Q>-
Pc, f~Ue. COpy
,JOHN McADAMS
C""" Chancery Court
H..,H "',~;on County, Miss.
i~, Judicial District
"'~~ 1 D.C.
,~
'F"~";IT" >-~~~~.""'-~~~
~-,~;;~.,
--",,-=--:-:;0;:=,-
~~~~~~-~:,::
q "
P.m,ml~i".,
,",
" .", ... ^~" ^<'",,"", "'.-' ",~_.,~. ,- j 11I1 rr n: HfT"'"
^'
7\J (.) -CQ.
tt- 7t 8
() C)
c:: C)
;;c- --q
....... :S 8 LJt-i'~- 0
n"lr=r; "
....... Z'r --<
z-
....... co ,s~ ,'0
~ 6"- ~ ~i~:;' ,,-
...J .:1>..--. .-C:
-Z:"---' :-::1.:
il' ---0
J>c ::.)
J Z ~;::~
~ 1'-
"'<;. '-J :'0
-<
:,
"".,__!~,~,~~~~"'~~~~'}j"M'jl!ili'ilWt'm~,~'\","""-'~^:'~";'c,-"~-'