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HomeMy WebLinkAbout03-4359KEITH DAVIS, SR. Plaintiff DEBORAH SWAGGERT Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSLYVANIA : No, ~_]~ q.~.C-q CIVIL TERM : : CIVIL ACTION - LAW : CUSTODY COMPI,AINT IN CUSTODY 1. The Plaintiff is Keith Davis, Sr., residing at 66 Beachcliff Drive, Carlisle, PA 17013. 2. The Defendant is Deborah Swaggert, residing at 34 Marilyn Drive, Carlisle, PA 17013. 3. Plaintiff seeks primary physical custody of the following children: NAME PRESENT RESIDENCE DOB Terry Davis 34 Marilyn Drive Carlisle, PA 17013 Nov. 25, 1990 William (Billy) Davis 34 Marilyn Drive Carlisle, PA 17013 Nov. 25, 1990 The children were not born out of wedlock. The children are presently in the custody of Defendant. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS Deborah Davis (mother) Ashley M. Davis (dob Feb. 8, 1989) (sister) ADDRESS 34 Marilyn Drive Carlisle, PA 17013 The mother of the children is Defendant. She is married. DATE From divorce 1999 until current (partial custody with father for weekends and in the summer) The father of the children is Plaintiff. He is divorced. 4. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following persons: NAME Terry Davis - during partial custody William Davis - during partial custody Ashley Marie Davis - during partial custody RELATIONSHIP Twin son Twin son Daughter 5. The relationship of Defendant to the children is that of natural mother. Defendant currently resides with the following persons: NAME RELATIONSHIP Alan Sweigart Husband Ashley Marie Davis Daughter (during custody periods) The 6. Plaintiff has not participated as a party or witness, or in any other 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 person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: Mother's relationship with her husband has resulted in domestic violence and fighting. Plaintiff believes that mother's home, currently, is 'not a fit environment.' It will be in the best interest of the children that primary physical custody reside in the father so that thechildren's household can be free from the current problems. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. No other person is known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant primary physical custody of the children. Respectfully submitted, ~q~uire Attorney for Plaintiff 7 Irvine Row Carlisle, PA 17013-3019 (717) 240-0296 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Keith Davis, Sr. KEITH DAVIS, SR. Plaintiff Vo DEBORAH SWAGGERT Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSLYVANIA : No. CIVIL TERM : : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day I served the Petition for Custody by First-class mail, postage pre-paid, upon the following persons: Deborah Swaggert 34 Marilyn Drive Carlisle, PA 17013 Dirk E. Berry, Esquire Attorney for Plaintiff 7 lrvine Row Carlisle, PA 17013 (717) 240-0296 KEITH DAVIS, SR. PLAINTIFF V. DEBORAH SWAGGERT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-4359 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 11, 2003 , upon con:dderation of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, September 29, 2003 at 9:30 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 of a 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! facqueline M. Verney. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans w/th 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 hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OCT 01 OO3 KEITH DAVIS, SR., Plaintiff V. DEBORAH SWAGGERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4359 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this ~ day offS, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Heating is scheduled in Court Room No. q/ _, of the Cumberland County Court House, onthe//~ dayof .~a.,,~_ ,2003, at ~} ,'~CJ o clock, /~. M., at which t~me testimony wall be taken. For purposes ofth~s Heanng, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody,, a list of witnesses who will be. expected to testify at the Hearing and a summary of the anticipated testimony of each w~tness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Keith Davis, Sr. and the Mother, Deborah Swaggert shall have shared legal custody of Terry Davis, born November 25, 1990, William Davis, bom November 25, 1990 and Ashley Made Davis, born February 8, 1989. Each parent shall have an equal tight, to be exemised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 4. Mother shall have primary physical custody of the children. 5. Beginning October 3, 2003, Father shall have periods of partial physical custody on an alternating weekend basis, from Friday at 5:30 p.m. to Sunday at 5:30 p.m. 6. The Thanksgiving holiday shall be divided into two blocks. Block A shall be from Wednesday at 5:30 p.m. to Friday at 5:30 p.m. Block B shall be from Friday at 5:30 p.m. to Sunday at 5:30 p.m. The non-custodial party for the weekend, pursuant to the alternating weekend schedule, shall have Block A. The weekend custodial party, pursuant to the alternating weekend schedule, shall have Block B. 7. Father shall have physical custody of the children from Christmas Day at 2:00 p.m. to the day before school resumes at 5:30 p.m. Transportation shall be shared such that the ]receiving party shall transport. Neither party may partake in illegal drugs while the children are in their 9. custody. 10. Neither parent will do anything nor permit a third party to do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 11. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Dirk E. Berry, Esquire, counsel for Father Mark Bayley, Esquire, counsel for Mother KEITH DAVIS, SR., Plaintiff V. DEBORAH SWAGGERT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _- :CIVIL ACTION - LAW : : NO. 2003-4359 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: None 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Terry Davis November 25, 1990 Mother William Davis November 25, 1990 Mother Ashley Made Davis February 8, 1989 Mother 2. A Conciliation Conference was held September 29, 2003 with the following individuals in attendance: The Father, Keith Davis, Sr., with his counsel, Dirk E. Berry, Esquire, and the Mother, Deborah Swaggert, with her counsel, Mark Bayley, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and primary physical custody of the children. Father maintains that Mother and her husband have a volatile relationship, subjecting the children to domestic violence. He has maintained a close relationship with the children, and believes that he can provide them with a safer, more nurturing environment 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule. Mother denies the domestic violence. She asserts that the children wish to remain in their current school district instead of moving to Juniata County where Father recently relocated. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father alternating weekends and holidays. It is expected that the Heating will require one day. Date IJ~acqutSline M. Vemey, Esquire Custody Conciliator KEITH DAVIS, SR. Plaintiff DEBORAH SWAGGERT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSLYVANIA No. 2003-.~-'-~,. CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION TO WITHDRAW REQUEST FOR I-IEARING AND NOW, comes Keith Davis, Sr., by his attorney, Dirk E. Berry, Esquire, and respectfully avers as follows: 1. A conciliation conference, in the above captioned matter was held on September 29, 2003 before Jacqueline M. Verney, Esquire. 2. Following the conciliation conference a hearing was scheduled for February 11, 2004 and a temporary order was entered by this Honorable Court. 3. Subsequently, Petitioner Keith Davis, Sr., the father of Terry Davis, born November 25, 1990, William Davis, born November 25, 1990 and Ashley Marie Davis, born February 8, 1989, became aware of changed circumstances regarding the above captioned matter. 4. Believing it to be in the best interest of the children, at this time, Petitioner no longer desires to contest the result of the conciliation conference. 5. Accordingly, Petitioner, Keith Davis, Sr., father of the above mentioned three children, agrees to the provisions in the October 2, 2003 order previously issued by this Honorable Court, and no longer desires further hearing on the matter. 6. Defendant's counsel has been contacted and does not oppose this Petition. WHEREFORE, Petitioner Keith Davis, Sr., respectfully requests this Honorable Court allow him to withdraw his request for hearing, currently scheduled for February 11, 2004 and confirm that the temporary Order of October 2, 2003 shall remain in effect. Dirk E. Berry, Esquire Attorney for Petitioner 7 Irvine Row Carlisle, PA 17013 KEITH DAVIS, SR. Plaintiff DEBORAH SWAGGERT Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSLYVANIA : No. 2003-.3459 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day Petitioner's Petition to Withdraw Request for Hearing was served by First Class Mail, postage pre- paid upon the following persons: Mark F. Bayley, Esquire 155 S. Hanover Street Carlisle, PA 17013 Date: Dirk E. Berry, Esquire Attorney for Defendant/Appellant 7 Irvine Row Carlisle, PA [7013 (717) 240-0296 OCT Ol 2003 KEITH DAVIS, SR., Plaintiff V. DEBORAH SWAGGERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4359 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this ~7 ~,~ day of ~')~ ., 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Cou~ Room No. q , of the Cumberland C, ounty Court House, onthe //? dayof ~-~"~'I ,2003, at o clock, ,q.. M., at which time testimony will be takefi. For purposes oft~ng, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Keith Davis, Sr. and the Mother, Deborah Swaggert shall have shared legal custody of Terry Davis, bom November 25, 1990, William Davis, born November 25, 1990 and Ashley Marie Davis, born February 8, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education ar:d religion. 4. Mother shall have primary physical custody of the children. 5. Beginning October 3, 2003, Father shall have periods of partial physical custody on an alternating weekend basis, from Friday at 5:30 p.m. to Sunday at 5:30 p.m. 6. The Thanksgiving holiday shall be divided into two blocks. Block A shall be from Wednesday at 5:30 p.m. to Friday at 5:30 p.m. Block B shall be from Friday at 5:30 p.m. to Sunday at 5:30 p.m. The non-custodial party tbr the weekend, pursuant to the alternating weekend schedule, shall have Block A. The weekend custodial party, pursuant to the alternating weekend schedule, shall have Block B. 7. Father shall have physical custody of the children from Christmas Day at 2:00 p.m. to the day before school resumes at 5:30 p.m. 8. 9. custody. 10. Neither parent will do anything nor permit a third party to do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 11. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Transportation shall be shared such that the receiving party shall transport. Neither party may partake in illegal drugs while the children are in their BY THE COLIRT, cc: Dirk E. Berry, Esquire, counsel for Father Mark Bayley, Esquire, counsel for Mother 1'RUE COPY FROM RECORD In Testin~n¥ whereol, t hem unto ~ my t~and and We s~al ~t ~d ~t ~ ~, ~. ' - / / Prothonotar~ KEITH DAVIS, SR., Plaintiff V. DEBORAH SWAGGERT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2003-4359 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: None 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Terry Davis William Davis Ashley Marie Davis November 25, 1990 November 25, 1990 February 8, 1989 Mother Mother Mother 2. A Conciliation Conference was held September 29, 2003 with the following individuals in attendance: The Father, Keith Davis, Sr., with his counsel, Dirk E. Berry, Esquire, and the Mother, Deborah Swaggert, wilh her counsel, Mark Bayley, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and primary physical custody of the children. Father maintains that Mother and her husband have a volatile relationship, subjecting the children to domestic violence. He has maintained a close relationship with the children, and believes that he can provide them with a safer, more nurturing environment 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule. Mother denies the domestic violence. She asserts that the children wish to remain in their current school district instead of moving to Juniata County where Father recently relocated. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father alternating weekends and holidays. It is expected that the Hearing wilt require one day. Date Yacquteline M. Vemey, Esquire Custody Conciliator KEITH DAVIS, SR. ,ff Plaintiff DEBORAH SWAGGERT Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSLYVANIA : No. 2003-g459~ CIVIL TERM q35 ? : CIVIL ACTION - LAW : IN CUSTODY AND NOW this ! °r day of /~'7 , 2004, upon consideration of the within Petition to Withdraw Request for Hearing, and all other matters of record, the Petition to Withdraw Request for Hearing is GRANTED, the hearing scheduled for February 11, 2004 is CANCELLED, and pending further Order of Court or agreement of the Parties the Order of October 2, 2003 shall remain in effect. Dirk E. Berry, Esquire 7 Irvine Row Carlisle, PA 17013 Mark F. Bayley, Esquire 155 S. Hanover Street Carlisle, PA 17013 By the Court,