HomeMy WebLinkAbout01-6091DWAYNE E. DAVIS, SR.,
Plaintiff
VS.
DF, BRA J. BAUGHMAN,
Defendant
: THE COURT OF COMMON pl .I~.AS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION- AT LAW
: CUSTODY
~OMPI,AINT IN CII~TDDY
AND NOW, the Plaimiff, Dwayne E. Davis, Sr., by and through his attorney, Jeann6 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:
~ame
Dwayne Davis, Jr.
2052 Walnut Bottom Rd 13
Carlisle, PA 17013 DOB 5/17/88
The child, Dwayne Davis, Jr., is presently in the custody of his mother, Defendant Debm J.
Baughman, who resides at 2052 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania,
17013.
For the post five years, the child has resided with the following persons and at the following
8ddres~s:
Debm Baughman (Defendant - Mother)
Chester Baughman (Defendant's husband)
Shane Winters (Defendant's son)
Dwayne Davis (Plaintiff- Father)
Dwayne Davis
Brandy Davis (parties' daughter)
Dwayne Davis
Debm Baughman
Brandy Davis
Shane Winters (Defendant's son)
2052 Walnut Bottom Road
Carlisle, PA 17013
(Approx.)
3/01-present
15 Cheyenne Court
York Haven, PA 17370
851 W. Louther Street
Carlisle, PA 17013
Both parents shared
custody either living
together or apart at various
residences in Carlisle.
10/31/00-3/01
1996-3/00
The natural mother of the child is Debra J. Baughman, Defendant, currently residing at 2052
Walnut Bottom Road, Carlisle, Cumberland 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 Plaintiffs
knowledge, Defendant resides with the subject child, Chester Banghman (her
husband), and Shane Winters (her son).
6. To the best of PlaintiWs knowledge, Plaintiff has not participated as a party or
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 l~mianent welfare of the child will be served by granting the relief
requested because:
(a) Plaintiff is the natural father of the child.
(b) Plamfiffhas 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 murine contact with the child.
9. Each parent whose parental fights 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 he given notice of the pendency of this action and the right to
intervene.
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.
Dated:
RESPECTFULLY SUBMITTED:
COSTOPOULOS & WELCH
1400 North Second Street
Harrisburg, Pennsylvania 17102
PA Supreme Court ID No. 68735
Telephone: (717) 221-0900
Fax: (717) 221-0904
ATTORNEY FOR PLAINTWF
DWAYNE E. DAVIS, SR.,
Plaintiff
VS,.
DEBRA J. BAUGHMAN,
Defendant
THE COURT OF COMMON P!.~AS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - AT LAW
CUSTODY
I, Dwayne E. Davis, hereby verify that the statements made in the foregoing Complaint in
Custody are trim and ~or~gct. I understand that false statements herein are made subject to the
penalties of 18 Pa~ C.S. §4904, relating to unswom falsifi~on to authorities.
Costopoulos & Welch
1400 North Second Street
.Harrisburg PA 17102
(717) 221-0900
DWAYNE E. DAVIS, SR. :
PLAINTIFF
V.
DEBRA J. BAUGHMAN
DEFENDANT :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-6091 CIVIL ACTION LAW
IN CUSTODY
F T
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. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsbur§, 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 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. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry ora temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/
Dawn S. Sunday. Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required 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 heating.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATI'ORNEY 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, Pennsylvania 17013
Telephone (717) 249-3166
DWAYNE E. DAVIS, SR.,
Plaintiff
VS.
DEBRA J. BAUGHMAN,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-6091 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ ~ day of ~ ,2001,
upon consideration of the 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., bom 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
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.
cc: Jeanne B. Costopoulos, Esquire - Counsel for Father
Galen R. Waltz, Esquire - Counsel for Mother
BY THE,
DWAYNE E. DAVIS, SR.,
Plaintiff
VS.
DEBRA J. BAUGHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-6091 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
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
Dwayne Davis, Jr.
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
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. Costopoulos, Esquire, and the
Mother, Debra Baughman, with her counsel, Galen R. Waltz, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date awn S. Sunday, Esquire t
Custody Conciliator
IN THE COURT OF COMMON PLEAS OF CUMI:IERLAND COUNTY,
PENNSYLVANIA
TARGET NATIONAL BANK, )
) NO.
Plaintiff )
)
v. )
)
KRISTI A. BLASSER, )
)
Defendant )
PRAECIPE FOR
JUDGMENT ON
DISTRICT JUSTICE
JUDGMENT/
TRANSCRIPT
I hereby certify that the tree
and correct address of Plaintiffis:
C/O Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
and that the last known address of
Defendants is:
Kristi A. Blasser
1107 Quincy Circle
New Cumblerland, PA 17070
ces of Patenaude~lix, A.P.C.
52.3~!;~'~~
Filed on behalf of
Target National Bank
Counsel of Record for This
Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUI~ERI~ID
Mag. Dist. No:
09-1-01
DJ Name: Hon.
CHA S A. CLm ENT,
AO~r~ss~ 400 BRIDGE STREET
OLDE TOWNE COMMONS
NEW CUMBERLAND, PA
Te,epho~.: (717) 774- 5989
- SUITE
17070
ATTORNEY FOR PLAINTIFF
PATENAUDE & FELIX
213 EAST MAIN ST
OBO FORD MOTOR C~EDIT
CARNEGIE, PA 15106
THIS IS TO NOTIFY YOU THAT:
Judgment:
[~ Judgment was entered for: (Name)
Judgment was entered against: (Name)
3
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FTARGET NATIONAL BANK
213 E MAIN STREET
C/O GREGG L MORRIS ESQ
~RNEGIE, PA 15106
VS.
DEFENDANT: NAME and ADDRESS
FERISTI A BLASSER (AKA) K~ISTI DAVI~
1107 QUINCY CIRCLE
NEW CIH4BERLAND, PA 17070
L
Docket No.: CV- 0000493 - 04
Date Filed: 9/09/04
FOR PLAINTIFF
K~I~TI A RLA~R (AKA)
DAVIS
in the amount of $ 5:~1 .~;4
Defendants are jointly and severally liable.
Damages will be assessed on:
on:
This case dismissed without prejudice.
Amount of Judgment Subject to
AttachmentJ42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $
(Date of Judgment) 1 0/0~/04
(Date & Time)
IAmount of Judgment $' 3,745.91
Judgment Costs $ 117 o O0
Interest on Judgment $ 18.73
Attorney Fees $ 1,2.00.00
Total $ 5,081.64
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF: JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FUR'I'HER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
I certify that this is a true a~'d~e~ ~o~/~d of i~~)gs containing the judgment.
11/18/04 Date ~ , v,v~,,',,&~J.4~q , District Justice
My commission expires first Monday of January, 2008 . / ~ SEAL
AOPC315-03 DATE PRINTED: 11/18/04 11:41:53 AM
C6MMONWEALTH OF PENNSYLVANIA C IVI L G O M PLAI Iq T
COUNTY OF: CUMBERLAND
Magisterial District Numbar: PLAINTIFF: NAME anti ADDRESS
09-1-01 TARGET NATIONAL BANK
District Ju*tice Nam*: Hon. CHARI-J~S A. CLEMENT, JR.. C/O GREGG L. MORRIS ESQ.
Address: OLDE TOWNE COMMONS 213 E. MAIN STREET
400 BRIDGE STREET, SUITE 3 CARNEGIE, PENNSYLVANIA 15106
NEW CUMBERLAND, PA 17070
VS.
Telephone: (717) 774-5989
DEFENDANT: NAME and ADDRESS
KRISTI A. BLASSER A.K.A. KRISTI A. DAVIS
1107 Quincy CIRC.L~
NEW CUMBERLAND, PA 17070
miNG COSTS * /p C¢,5 .i //
POSTAGE $ ~,, ,./9"7) / /
SERVlCE COSTS $ / /
CONSTABLE ED. $ / /
TO THE DEFENDANT: Tile A~OVE NAMe, D PLA~TIFF(S) ASKS JUDGMENT AGAINST YOU FOR $4,945.91 TOGETIIER WITlt COSTS UPON
THE FOLLOWING CLAIM {CIVIL FINES MUST INCLUDE CITATION OF TIlE STATUTE OR ORDINANCE VIOLATED
UNPAID BALANCE ON TARGET NATIONAL BANK OPEN ENDED CREDIT CAR1) ACCOUNT NO. 4352373398143633 1N THE
SUM OF $ 3,745.91 ALONG WITH REASONABLE ATTORNEY'S FEES IN THE AMOUNT OF $1,200.00 FOR A TOTAL BALANCE DUE OF
$4,945.91 PLUS INTEREST AND COSTS.
KNOWLEDGE, INFORMATION, AND BELIEF. THIS STATEMENT IS MADE SUBJECT TO THE PEN/~LTIE,~ OF SECT~ CRIMES CODE
(18 PA. C.S. § 4904) RELATED TO UNSWORN FALSIFICATION TO AUTHORITIES. /--/ :~
ADD : rrREET
PLAINTIFF'S
ATTORNEY:
TELEPHONE:
GREGG L. Moms, ESQ.
PATENAUDE & FELIX
(412) 429-7675
213 E' ~.i¢~
CAm~E~E,"PA 15106
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD 1~) NOTIFY THIS OFFICE IMMEDIATELY
AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARiNG/AND PRESENT YOUR DEFENSE.
UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. ~
YOU INTEND TO ASSERT AT THE HEARING, YOU MUST FILE IT ON A COMPLAINT FORM AT THIS OFFICE AT LEAST
FIVE (5) DAYS BEFORE THE DATE SET FOR THE HEARING.
IF YOU ARE DISABLED AND REQUIRE A REASONABLE ACCOMMODATION TO GAIN ACCESS TO THE
MAGISTERIAL DISTRICT COURT AND ITS SERV1CES~ PLEASE CONTACT THE MAGISTERIAL DISTRICT COURT
AT THE ABOVE ADDRESS OR TELEPHONE NUMBER. WE ARE UNABLE TO PROVIDE TRANSPORTATION.
AOPC 308A-02
BLASSER, KRIST12052.373.wpd