HomeMy WebLinkAbout01-6093JAMES E. DAVIS,
PLAINTIFF
VS.
PATRICIA C. BUNDY DAVIS,
DEFENDANT
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW (CUSTODY)
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:
/ 619 Bridge Street
~' New Cumberland, PA 17070
(717) 770-1277
Supreme Court I.D. 62063
Attorney for Plaintiff
Date: October 23, 2001
FIRST JUDICIAL DISTRICT
JAMES E. DAVIS
VERSUS
PATRICIA C. BUNDY
CAUSE NO.:
PLAINT~ FF
DAVIS DEFENDANT
AGBEED 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 pa.rties have reached an agreement finds, orders, and adjudges
as follows, to wit;
Plaintiff, JAMES E.
the State of Pennsylvania.
DAVIS, is
an adult resident citizen of
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. ~
The There was one
child born of the union of the parties, namely KELLY LYNN
parties were married on December 7, 1985.
(1)
DAVIS, a female born on April 1, 1986, and presently fifteen (15)
years of age. The Plaintiff complied with the UCCJA by providing
a residency affidavit for the minor child.
This Court has continuing
and the subject matter.
jurisdiction over
both the parties
o
On or about October 16, 1992, this Court entered a-Final
Judgment of Divorce based on grounds of Irreconcilable
The Court awarded paramount physical custody of ~he
PATRICIA C. BUNDY DAVIS. There is a provision in
Child Custody, Support and Property Settlement
states that "IN]either party shall remove the child
Differences.
minor child to
the attached
Agreement that
from the jurisdiction of the Court and more specifically, from the
State of Mississippi without prior written approval and
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."
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
remove 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
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 fuxrther,
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~
and that he shall further keep her advised of any change
employment address and telephone number.
IT IS SO ORDERED this the I ~-' day of ~t, 2001.
in his
RICIA C.
BUNDY ~A~IS
OTTIS B. "CHIP" CROCKER, III
DAVID L. LORD and ASSOCIATES, P.A.
2300 24th Avenue
Gulfport, MS 39501
(228) 868-5667
MSB #8836
~UIE COPY
jc,~ N McADAMS
~, c~;. ancery Court
~,,,on Count, Miss.
Judicial District
~,~D~C.