HomeMy WebLinkAbout99-02334
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LEE R. DUNFEE and IN THE COURT OF COMMON PLEAS
SUSAN DUNFEE, . CUMBERLAND COUNTYr PENNSYLVANIA
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Plaintiffs, . NO, ;)3'?Lf
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v.
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BONNIE DUNFEE, .
.
Defendant,
v. CIVIL ACTION - LAW
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.
JOHN C. ROHRBAUGH,
.
.
Defendant.
ORDER
AND NOW, this .;2J. lid day of
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n /.Jh .J-;
I
, 1999r
upon Petition of LEE R. DUNFEE and
for the dnd... day of c;;-~
C\ .m. in Courtroom No. i of
SUSAN DUNFEE, a hearing is set
, 1999, at 9; (Il) o'clock
the Cumberland County
Courthouse, CarliSle, Cumberland County, Pennsylvania, for
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purposes of Changing the name of the minor child, KODEE SMITH
ROHRBAUGH, born February 9, 1996, to KODEE LEE DUNFEE.
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BY THE COURT:
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5. Petitioners desire to change the name of the child
from RODEE SMITH and/or alias RODEE SMITH ROHRBAUGH, to RODEE LEE
DUNFEE.
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6. The natural mother of the child, BONNIE DUNFEE,
consents to the name change as is evidenced by the Consent
attached hereto, incorporated herein by reference and marked as
Exhibit A.
7. The natural father of the child, JOHN C. ROHRBAUGH,
likewise consents to the name change as is evidenced by the
Consent attached hereto, incorporated herein by reference and
marked as Exhibit B.
S. Petitioners believe and therefore aver that it is
in the best interests of the child to change his name to RODEE
LEE DUNFEE in order that the child may have the same last name as
his natural mother and the same last name of the primary physical
custodians, i.e., the Petitioners herein, the maternal
grandparents.
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COllSD'f
I, BONNIE DUNFEE, natural mother of KODEE SMITH alkla
KODEE SMITH ROHRBAUGH, born February 9r 1996r do hereby consent
and contirm that I believe it in the best interest ot my son to
chanqe the name ot the child to KODEE LEE DUNFEE.
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DATE: -Ll-I D-'9 9'
f)
COHSBH'l'
Ir JOHN C. ROHRBAUGH, natural father of RODEE SMITH
a/k/a RODEE SMITH ROHRBAUGH, born February 9, 1996, do hereby
consent and confirm that I believe it in the best interest of my
son to change the name of the child to KODEE LEE DUNFEE.
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one. Rohrbaugn -
DATE: 3-\1 .. G'<\
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VD:I.leA'IIO.
We verify that the statements made in the toregoing
document are true and correct. We understand that tal..
statements herein are made subject to the penalties of lS Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
'h R..f)e- L
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. MIN\..? - ;{;u~ (
DATE: 11- /()- '16
LEE R. DUNFEE and SUSAN DUNFEE. )
Plaintiffs )
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)
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vs.
BONNIE DUNFEE,
Dafendant
vs.
JOHN C. ROHRBAUGH, -
Additional Dafendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 96-6061 CIVIL TERM
CIVIL ACTION - LAW
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ORDER
AND NOW, this ~,p.. day of n...~
,1997, upon receipt
of the Conciliator's Report, it appearing that the parties have agreed to the terms
and provisions of this temporary Order pending a hearing, which was dictated in
their presence and approved by them and their counsel, it is hereby ordered and
directed as follows:
1. The maternal grandparents, Lee R. Dunfee and Susan
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Dunfee, shall have primary physical custody of the minor child, Kodee
Smith (Rohrbaugh), d.o.b. February 9, 1996.
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2. The natural mother of the child, Bonnie Dunfee, shall have
periods of partial custody and visitation with the child at the maternal
grandparents' residence on Tuesdays and Fridays from 6:30 a.m. until
6:30 p.m., and on Sundays from 1 :00 p.m. until 9:00 p.m.
3. The natural father of the child, John C. Rohrbaugh, shall
have visitation with the minor child at the maternal grandparents'
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: An ultimete custody and visitation schedule.
5. The Plaintiffs' position on custody is as follows: Plaintiffs, the maternal
grandparents, have essentially raised the child since birth. The mother of the child
is their daughter who is 16 years of age. The natural mother moved out from the
residence in November, 1996, and they have been the sole primary care takers
since then. They believe that their daughter is not equipped to handle the child on
her own and will only agree to visitation which occurs in their home. They have
concerns about mother's living environment, particularly as it relates to her
boyfriend, Jason Smith, who allegedly made statements to them that he is "hooked
on marijuana" and therefore they don't think the child should be in that
environment.
6. The Defendant's position on custody is as follows: The Mother agreed to
have visitation with the child at her parents' home in June of this year with the
anticipation that she be entitled to take the child out of the home. The parents
never let her take the child out of the home and from her perspective are unwilling
to allow her to show that she can care for the child. She requested initially that
she be given three days per week which would include two overnights. She was
willing to compromise to allow her to have three days per week so long as she
could take the child out of the home. Her parents were not willing to agree to her
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taking the child out of the home because of their concerns about her boyfriend.
She denies thet her boyfriend has tha problems indicated and that the child Is not In
a safe environment,
7. The Additional Defendant's position on custody is as follows: Father's
position is that he wants to acquaint himself with the child. He effectively had no
contact with the child until paternity was established. He has started to see the
child over at the maternal grandparents' house. Apparently his relationship with
the maternal grandparents is fine for the time being and they will permit him to see
the child in accordance with this order. He also stated that the Mother's boyfriend
is physically abusive towards the Mother and that he had concerns about the safety
of the child at Mr. Smith's home.
8. Need for separate counsel to represent child(ren): Neither party
requested.
9. Need for Independent psychological evaluation or counseling: None
requested and the Conciliator does not believe any is necessary.
10. A hearing in this matter will take one day.
11. Other matters or comments: This is a case involving a very young
mother with a baby. Her parents effectively have raised the child and have
concerns that their daughter, the mother of the child, is not equipped to handle the
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child on her own. Naturally, the maternal grandparents are concerned in that they
have effectively been the parents of the child. However, their primary and only
concern seems to be that the mother is living with someone, Jason Smith, who has
allegedly told them that he has a drug problem and in an environment that they do
not believe is suitable. Therefore. their concern does not seem to be entirely
related to the' mother's actual care taking ability, but rather what they perceive as
her lack of responsibility in choosing to live in an environment that they do not
believe is acceptable and one in which they don't believe that the child would be
safe. In other words, since the mother is choosing to live in an environment that
they do not accept, they assume that that shows that the mother is not responsible
enough to care for her child.
The Conciliator unsuccessfully tried to convince the maternal grandparents
that the mother be given the opportunity to prove that she is able to care for the
child on her own outside the house. The grandparents have effectively taken the
position that until they believe the mother shows good sense in choosing a proper
living environment, that the child should not be with the mother. The mother's
choice of living environments per se should not be the controlling factor if she can
show that she can care for the child and the child is in a safe environment.
Without giving her the opportunity to show that, she will never be able to prove
that she is in fact ready to take on her role as the mother of this child.
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As far as the Father is concerned, he needs to get acquainted with the child
before he can start requesting additional time. If the Father shows that he is willing
to take the time necessary to acquaint himself with the child, then his visitation
pariod should be expanded.
Date: A\Jgust" 13, 1997
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lS,i '1)J:lv:,( ,
Michael L. Bangs
Custody Conciliator
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