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STEPHANIE D. COVINGTON,
Plaintiff
VS.
DONALD L. COVINGTON,
Defendant
AND NOW, this Iq
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND
: COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. q-_5''6,0)
day of Sept.
Civil Term 1999
,1999,upon
consideration of the attached complaint, it is hereby directed that the parties and their respective
counsel appear before I J C(A X-W(01, Esquire, the conciliator, at 4t. q1111R 1
CUOX(V,Ne Co, CayAr b1C , Pennsylvania, on m d? , the a? day of
O&&GC 1999, at 10', o'clock Q in. 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
a 5 or oldc c
temporary order. Either party may bring the child#ho is the subject of this custody action to the
conference, but the child's attendance is not mandatory. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
BY IF
Custody Conciliator (Tb>
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 Association
2 Liberty Avenue
Carlisle, Pa. 17013
(717) 249-3166
9i? 99 d6l4v. ? 4"." 4?a..?
AMERICANS WITH DISABILITIES 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 accomodations 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.
STEPHANIE D. COVINGTON,
Plaintiff'
VS.
DONALD L. COVINGTON,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99- ? LO7 Civil Term 1999
1. Plaintiff is Stephanie D. Covington, currently resides at 461 Old York Road, New
Cumberland, PA, 17070.
2. Defendant is Donald L. Covington, who currently resides at 1750 Curry St.,
Dyersburg, TN, 17319.
3. Plaintiff seeks modification of custody of the following children:
NAME ADDRESS ASE
Chelsea Ann-Marie Covington 461 Old York Road Born 3/26/93.
New Cumberland, PA, 17070.
Emily Nicole Covington 461 Old York Road, Bom 2/1/96.
New Cumberland, PA. 17070.
The children were not born out of wedlock.
The children are in the custody of: Mother, Stephanie Covington.
During the past five years, the children have resided with the following persons and at the
following addresses:
1. Stephanie Covington
461 Old York Road
New Cumberland, Pa. 17070
since 1/1/99
2. Stephanie Covington 35 Cypress Circle 6/98 through 12/98.
Etters, Pa. 17319.
3. Stephanie Covington 530 Big Sky Drive
Jack and JoAnn Barmore Etters, Pa. 17319
(maternal grandparents)
4. Donald and Stephanie
Covington
5200 Portersville Rd.
Atoka, TN 38004.
5. Donald and Stephanie
Covington
5242 Shelborne Circle
Memphis, TN 38134
1/98 through 6/98.
2/95 through 12/97
5/94 through 2/95
The mother of the children is: Stephanie Covington, who is currently residing at: 461 Old
York Road, New Cumberland, Pa. 17070.
She is unmarried. (divorced)
The father of the children is: Donald L. Covington, who is currently residing at: 1750
Curry Street, Dyersburg, Tennesee, 38024.
He is unmarried. (divorced)
4. The relationship of plaintiff to the children is that of mother. The plaintiff currently
resides with Brian Hannon, her fiance.
5. The relationship of defendant to the children is that of father. The persons that the
defendant currently resides with are: his girlfriend, Tabatha (last name unknown) and her 18
month old son Colton.
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
Plaintiff has no information of a custody proceeding concerning the children pending
in a court of this Commonwealth.
Plaintiff does not know of a party to the proceedings who has physical custody of the
children or claims to have custody or visitation rights with respect to the children.
7. The best interest and permanent welfare of the children will be served by granting the
relief requested because: it would be in the best interest of the children to modify and clarify
custody and visitation so that the children could not be removed from the state without notice. or
for an extended period of time so the children can benefit from a strong and meaning_tf ?,I_
relationship with their community and family.
8. 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, Plaintiff requests the court to modify custody of the children.
Respectfully submitted,
Date: Q I { Cl q
Adams, Esquire
tNe
o. . 79465
117 South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
I verify that the statements made in this petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom
falsification to authorities.
Stephanie Covington, Plainti
LLJ i V
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STEPHANIE D. COVINGTON,
Plaintiff
VS.
DONALD L. COVINGTON,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 -5607 Civil Term 1999
AFFIDAVIT OF SERVICE BY CERTIFIED MAIL
AND NOW, this September 27, 1999, 1, Jane Adams, Esquire, hereby certify that
on Setpember 24, 1999, a true and correct copy of the Petition for Modification of
Custody/Visitation was served, via certified mail, return receipt requested, addressed to:
Donald L. Covington
1750 Curry St.
Dyersburg, TN 17319
Respectfully Submitted:
n Adams, Esquire
I.D. o. 79465
117 South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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OCT 2 G 1399
STEPHANIE D. COVINGTON,
Plaintiff
v
DONALD L. COVINGTON, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 99-5607 CIVIL
IN CUSTODY
AND NOW, this Pt* day of October, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
The final judgement of divorce entered at Docket No. 16,494 Tipton County.
Tennessee, on August 18, 1998 is incorporated, as it relates to custody, into a Court
Order for purposes of enforcement in Pennsylvania. A copy of said final judgement
of divorce is attached hereto and marked Exhibit "A" and the custody provisions set
forth therein at Paragraphs 6, 7, and 8 are deemed to be an Order of this Court for
purposes of custody of the minor children.
2. The following additional provisions shall apply with respect to custody between the
parties:
A. Both parties shall keep the other parent advised with respect to their
current address, current phone number, the names of individuals
living in their home and the names, addresses, and phone numbers of
any individuals who may be providing daycare for the minor children
when each parent has custody of those minor children.
B. Both parties are directed to comply with Paragraph 8 of the
Tennessee Court Order in order to ensure that reasonable access and
sufficient information is provided.
BY A
cc: Philip H. Spare, Esquire n r ?t ( 70J.2&19k
Jane Adams, Esquire
,g 1.
33nrr?, ?,f z.r0
STEPHANIE D. COVINGTON,
Plaintiff
v
DONALD L. COVINGTON, JR.,
Defendant
Prior Judge:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-5607 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this litigation is
as follows:
Chelsea Ann-Marie Covington, bom March 26, 1993; and Emily Nicole Covington, born
February 1, 1996.
2. A Conciliation Conference was held on October 22, 1999, with the following individuals in
attendance:
The Mother, Stephanie D. Covington, with her counsel, Jane Adams, Esquire; and Philip H.
Spare, Esquire, counsel for the Father. The Father resides in Tennessee and did not attend
the Conference but was available, if necessary, by telephone.
3. The parties agree to the entry of an order in the form as attached.
tb
DATE Hubert X. Gilroy, Es re
Custody Conciliator
IN THE CHANCERY COURT FOR TIPTON COUNTY, TENNESSEE
AT COVINGTON
STEPHANIE DAWN COVINGTON,
Plaintiff,
vs.
DONALD LYNN COVINGTON, JR.,
Defendant.
Civil Action No. 16,494
FINAL JUDGMENT OF DIVORCE
This cause came before the Court upon the stipulation of the
parties, the statements of counsel, and the entire record in this
matter, from all of which the Court finds:
1. The parties to this action, STEPHANIE DAWN COVINGTON
("Wife") and DONALD LYNN COVINGTON, JR. ("Husband") were married in
the state of Tennessee on October 10, 1992, in Shelby County,
Tennessee. The parties separated on September 19, 1997, while both
parties were residents of Tipton County, Tennessee.
2. Pursuant to Tenn. Code Ann. 5 36-4-129, the parties
stipulate, by their signatures upon this decree, that grounds exist
such that they should be divorced and that the Court should declare
them to be divorced.
3. Wife is represented by Julie D. Byrd; Husband is
represented by W. Lewis Jenkins, Jr. of Wilkerson Gauldin & Hayes.
4. The Husband and Wife each should pay his or her attorney's
fees.
5. The parties agree that Chancellor Dewey C. Whitenton of
the Twenty-Fifth Judicial District (at Covington), in which this
case originated and in which district venue lies, and Chancellor J.
Steven Stafford of the Twenty-Ninth Judicial District, have agreed,
pursuant to Tenn. Code Ann. 17-1-201 that Chancellor Stafford
should hear and determine this matter. That agreement was
originally intended to settle the matter through a judicial
settlement conference, however, the parties settled the matter
themselves on the day the settlement conference was to be held, and
Chancellor Stafford heard the matter upon the agreement of the
parties.
EXHIBIT
1r( A
-
6. The parties have two minor children, namely, Chelsea Ann-
Marie Covington, whose birth date is March 26, 1993, and Emily
Nicole Covington, whose birth date is February 1, 1996. The
parties agree that they shall have joint legal custody of the
children, with Wife to have primary residential custody of the
children. In addition to the visitation specifically mentioned in
this paragraph, the parties agree that the Husband will have
reasonable visitation with the minor children at all times
agreeable by the parties. The Wife now lives with the children in
Pennsylvania. As such, the Husband will have visitation on
available weekends in Pennsylvania with two week's notice required.
The parties will meet at a mutually agreeable half-way point in
order to exchange the children for visitation periods.
7. The Husband will have visitation for six weeks during the
children's summer vacation from school. Husband will give four
weeks notice prior to taking his summer visitation. During years
prior to either of the children being enrolled in school, the
summer vacation shall be deemed to be May 15 to August 15 of each
year. The parties agree to alternate Christmas break and Spring
Break with the children, beginning in the 1999-2000 School year, so
that: in the 1999-2000 school year, Husband shall have the
children for their entire Christmas break, and Wife shall have the
children for their entire spring break; in the 2000-2001 school
year, Wife shall have the children for their entire Christmas break
'and Husband shall have the children for their entire spring break.
For years prior to either of the children being enrolled in school,
the Christmas vacation shall be deemed to be the six days preceding
Christmas day, Christmas day, and the six days following Christmas
day; for any year that only one child is enrolled in school, the
Christmas break for both children shall be deemed to be the break
of the child enrolled in school. For years prior to either child
being enrolled in school, the spring break shall be deemed to be
the first full week in March.
8. Pursuant to Tennessee Code Annotated, Section 36-6-101(a),
each parent should be awarded the following rights by law when the
2
children are not in that parent's possession:
a. The right to unimpeded telephone conversations with
the children at least twice a week at reasonable times
and reasonable duration;
b. The right to send mail to the children which the
other parent shall not open or censor;
c. The right to receive notice and relevant information
as soon as practicable but within twenty-four (24) hours
of any event of hospitalization, major illness or death
of the children;
d. The right to receive directly from the children's
school upon written request which includes a current
mailing address and upon payment of reasonable costs of
duplicating copies of the children's report cards, :.?
attendance records, names of teachers, schedule of
classes, standardized test scores and any other records
customarily made available to parents;
e. The right to receive copies of the children's medical
records directly from the children's doctor or other
health care provider upon written request which contains
a current mailing address and upon payment of reasonable
costa of duplication; and,
f. The right to be free of unwarranted derogatory
remarks made about him or her or his or her family by the
other parent to or in the presence of the children.
9. The parties agree that their current addressee and
telephone numbers are as follows: (1) Wife, 35 cypress Circle,
Apt. 1, Etters, Pennsylvania 17319, (717)938-0834; and, (2)
Husband, 710 St. John, No. 1, Dyersburg, Tennessee 38024, (901)287-
1819. During any period of visitation,. the Husband agrees to
notify Wife within 24 hours of any change of address or telephone
number. otherwise, the Husband and Wife each agree to notify the
other party of a change of address or phone number within 10 days
of occurrence.
10. The parties agree that the Husband will continue to pay
to the Wife the sum of $617.00 per month as child support for two
children, as was previously ordered by the Court in its order
regarding temporary support. The parties agree that this amount
accords with the Tennessee child support guidelines at Tenn. Comp.
R. & Rego. ch. 1240-2-4-.0` and following sections, and that
therefore this amount satisfies current statutory guidelines based
on the income of the husband. Child support shall be payable in
installments of $149.50 on every Friday of each week as is
currently being done.
3
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11. The parties agree that all child support shall be paid
directly by the Husband to the Tipton County Chancery Court and
that no wage assignment for the payment of said support should
issue as a result of the parties' agreement. The Husband agrees to
notify the Wife of any change in employment within 5 days of said
change.
12. The parties agree that the Husband will maintain medical
and hospitalization (which includes dental insurance, if available)
insurance on the children. The Husband and Wife each agree to pay
one half (1/2) of all medical, prescription drug, dental (including
orthodontic), hospitalization, eye and ophthalmic charges incurred
on the children's behalf and not paid by insurance, including but
not limited to deductibles, copayments, and excluded charges.
13. As of the date of entry of this order, no child support
arrears, AFDC or non-AFDC, exists.
14. The Husband agrees to maintain a life insurance policy on
his life with a minimum death payment of $30,000 and shall
designate the children as irrevocable beneficiaries until Husband's
obligation to support the youngest children terminates.
'15. The parties agree and acknowledge that no action by the
parties will be effective to reduce child support after the due
date of each payment, and that the parties understand that court
approval must be obtained before child support can be reduced,
unless such payments are automatically reduced or terminated under
the terms of the agreement.
16. The Husband shall pay to the Wife alimony in solido of
$960.00, which alimony is to be paid in twelve (12) equal monthly
installments of $80.00 each. The first payment shall be made on
September 1, 1998, and payments shall continue to be made on the
first day of the following eleven months.
17. Upon entry of this order, Husband's obligation to provide
medical insurance for the Wife shall terminate.
18. The parties own a 1995 Mazda Protege, titled jointly and
encumbered by a lien of Mazda Financing. The parties agree that
the Husband shall retain sole and exclusive use, possession and
4
ownership of said vehicle, assuming all payment obligations and
making payment in a timely fashion as to protect the credit rating
of both parties. The Husband shall hold the Wife harmless and
indemnify the Wife for payment on same. The Husband agrees to
maintain liability, collision and comprehensive insurance on said
vehicle. The Wife agrees, when the indebtedness on the vehicle is
paid in full, Wife will sign the title over to the Husband within
a reasonable period of time. The parties further agree to
cooperate in securing yearly car registration and in complying with ,• )
all other requirements of mortgage contract, state and local
regulations.
19. During the marriage, the parties acquired certain real
property located at 5200 Portersville Road, Atoka, Tennessee. The
real property has been sold and the note on the real estate has
been paid in full, the expenses of the sale paid, and the parties
have heretofore divided the balance of the proceeds.
20. The Husband agrees to pay $72.00 to Wife for a medical
bill incurred during the separation and for which Husband's
insurance would have paid if it had been in effect.
21. The parties are indebted to various creditors, either
individually or jointly. The parties agree that the following
debts will be paid by the specified party, and each party agrees to
indemnify and hold harmless the other party in the event of non-
payment by the responsible party:
Husband Wife
Chase Master Card Citibank Visa
Capital one Visa
Sears card
22. Husband agrees to furnish Wife a copy of hi.e federal ,
income tax return each year while his support obligation for the
children continues. Husband will furnish such copy within thirty
days of filing such return each year.
23. The parties have heretofore divided all personal property
not mentioned in this judgment and agree that no division of the
parties' retirement funds, if any exist, will occur (each party
will keep as their separate property any retirement funds now
held).
5
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:
A. The parties are declared to be divorced and are hereby
restored to all the rights and privileges of single persons;
B. The parties are awarded joint custody of Chelsea Ann-Marie
Covington, whose birth date is March 26, 1993, and Emily
Nicole Covington, whose birth date is February 1, 1996, with
the Wife to have primary residential custody of the child.
Custody and visitation shall be in accordance with the
agreement made by the parties and set forth above in the
findings of this order, with such agreement incorporated into
this paragraph as if copied verbatim herein;
C. Child support is set at $617.00 per month. Support may be
paid weekly in payments of $149.50, as agreed to by the
parties and set forth above in the findings of this order,
with such agreement incorporated into this paragraph as if
copied verbatim herein;
D. Plaintiff shall maintain a policy of health insurance on
the minor children, and the parties shall be equally
responsible for the health-related expenses not covered by
insurance. The parties' agreement concerning such expenses is
fully set forth above in the findings of this order, with such
agreement incorporated into this paragraph as if copied
verbatim herein;
E. The division of marital property and debts set forth above
in the findings of this order is the agreement of the parties
and such agreement is hereby ordered to be the Court's
division of marital property and debts as if copied verbatim
herein; and,
F. The initial costs of this action were paid by the
Plaintiff, and any remaining costa are taxed to the Defendant,
for which execution may issue if necessary.
ORDERED this 14t,A day of August,
r cot. e t
erk an d Master
APPROVED FOR ENTRY:
4tt1 ieD Byrd
orney for Wife
I
Interchange y Agreement
Chancel)ns--Da ey C. WhI4
TIME-L?3'C{-
AUG 19199$
AlYlln; PI) IIt ,v1zO
Stephanie Dawn Covingto
VVLE ( & MASTER CVL
BI R
JI by 121
ENTERDNIXUTE1001 ?AGE
WILKERSON GAULDIN & HAYES