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Home My WebLink About05-4423 05 - 'I<I;J.,.J ~ Jvv..... COMPLAINT FOR CUSTODY 1 The Plaintiff is Andreese Charles Davis. residing at 325 Liberty Court Mechanicsburg 17050 Cumberland County. 2. The Defendant is Bobbi Jean Davis residing at 1383 Neshaminv Valley Drive Bensalem 19020. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Cameron Andreese Davis 325 Liberty Court 6 The child was born out of wedlock. The child is presently in the custody of Andreese Charles Davis. who resides at 325 Liberty Court Mechanicsburg. P.A.. During the past five years, the child has resided with the following persons and at the following addresses. Andreese Davis Bobbi Davis Kim Sakis Andreese Davis Andreese Davis Bobbi Davis San Diego. CA Birth till Nov 2001 San Diego. CA Birth till Nov 2001 LaCrosse. WI Nov 2001- March 2002 1343 Orchid Circle Belloort. NY March 2002 -Apri12004 17 Silveroine Drive. Bellport. NY April 2004 - Aug 2004 1383 Neshaminv Valley Dr. Bensalem. Pa Aug 2004- Jun 2005 The mother of the child is Bobbi Davis. currently residing at 1383 Neshaminv Valley Dr. Bensalem. Pa.. She is divorced. The father of the child is Andreese Davis, currently residing at 325 Liberty Court Mechanicsburg 17050 Cumberland County. He is divorced. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the following persons: Name Relationship Andreese Davis Jr. Son Breyanna Davis Daughter 5. The relationship of defendant to the child is that of Son. 6. 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. The court, term and number, and its relationship to this action is: N/A Plaintiff has no information of a custody proceeding concerning the child pending in a court of Commonwealth or any other state. The court, term and number, and its relationship to this action is: n/a Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7, The best interest and permanent welfare of the child will be served by granting the relief requested because: The Plaintiff has always been a maior element in the child's life. Tbe Plaintiff has always lived with and cared for the child and enthusiastically wants to continue. When the Defendant went away for work requirements for 3 years. the Plaintiff took on the sole resoonsibility of guardian without incident or complaint. The Plaintiff also has full custody of the child's siblings. They have matured and haye been raised together. It is the Plaintiff's wish that the children continue to grOW together to maintain the family bond. Lastlv, the Defendant's occupation requires her to gO back to sea duty. work overnight shifts. and travel. During the year that Cameron has been with his mother he has missed school dayS because of her work requirements and visitations with his father and siblings. The father desires stability for his children and would like for them to be in one place together. 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. All other persons, named below, who are known to have or claim a right to custody or visitation or the child will be given notice of the pendency of this action and the right to intervene: Wherefore, plaintiff requests the court to grant custody of the child. 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 P.a.C.S. 4904 relating to unsworn falsification. to the authorities. __ ./' I 1/ 0c ~~ f~~.."-." ......// Plaintiff 0 "'1 ~ "- "">- ::D -:---. V' U'J - ~ .~ ~,;,., r,;-.. ....;.J ~ Q ~ ~ <; ",' r---, --.., :h '---.-/ r:-.J f;., '-.D ", "" = c..r'1 "... c- G-) "" V-> o -/1 'Jl r11::O -Cl r;; .-p'( c:! ~ii .;~?(1 :::! ,':0.- .., :=< -.,.., EISENBERG AND ASSOCIATES LAW CENTER Denise M. Sebald, Esquire Attorney I.D. No. 94559 603 Horsham Road, Suite B Horsham, P A 19044 (215) 443-031 1 Attorney for Defendant ANDREESE CHARLES DAVIS 325 Liberty Court Mechanicsburg, P A COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA IN CUSTODY v. BOBBI JEAN DAVIS 1383 Neshaminy Valley Drive Bensalem, P A 19020 No. 05-4425 .l..fAfJ...?, EMERGENCY PETITION TO TRANSFER VENUE Defendant, Bobbi Jean Davis, by and through her undersigned counsel, Denise M. Sebald, Esquire, hereby brings forth fhe following Petition to Transfer Venue and in support fhereof states as follows: I. The parties herein are the parents of one minor child, Cameron Andreese Davis, born April 12, 1999. 2. No prior custody order has been entered regarding said minor child. 3. Since April 2004, fhe minor child has resided wifh Defendant at her home in Bensalem, Bucks County, Pennsylvania. Father had visitation wifh the child on weekends and as the parties agreed. 4. The minor child attended kindergarten in the Bensalem school district and was enrolled to attend first grade at that same school. His first day would have been Wednesday, September 2, 2005. 5. On Friday, August 26,2005, fafher picked up fhe child from mother's residence for visitation over fhe weekend. He was suppos,ed to return fhe child to mofher's residence on August 29, 2005. 6. On Monday, August 29, 2005, fafher telephoned mofher and advised that he would not return fhe child to mofher's residence after all and fhat he wanted to have the child attend school in Mechanicsburg, P A. 7. Subsequently, father instituted the wifhin custody action in Cumberland County, PA. 8. Venue should be transferred to Bucks County, Pennsylvania in light offhe fact fhat fhe Petitioner and the minor child have resided in Bucks County togefher from April 2004 until August 29, 2005, when father absconded the child to Cumberland County, P A. 9. The Uniform Child Custody Jurisdiction and Enforcement Act mandates that the Act shall apply between fhe counties of the Commonwealth [23 Pa.C.S.A. s5364(a) and (h)]. 10. Petitioner and her witnesses would be greatly inconvenienced by being forced to travel to Cumberland County in order to litigate this matter. I!. Pa.R.C.P. 1915.2(d) allows for transfer of venue in a custody action for the convenience of fhe parties and witnesses. WHEREFORE, Plaintiff respectfully requests that fhis Honorable Court enter an Order transferring fhe within custody action to Bucks County, Pennsylvania. De , sqUIre Eisenberg and Associates Law Center Attorney for Petitioner VERIFICATION SOSSI DAVIS verifies that she is the Petitioner herein and that the facts set forth in the foregoing pleading are true and correct to the best of her knowledge or information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. (f!y;U7 ..~~ BOSBI DAVIS DATED: ie/~- ;J: },i~ >". C'_! s:~ (,: ~t~2 ...,-" .~ -\...- Z =< () ~; r-> = ~ u> f'~ -u N ~ ~,::!l Or:; :g~ b =t 3:J (Jb Zrn ~ 55 '< ." 3: ~ W c:> ANDREESE CHARLES DAVIS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4423 CIVIL ACTION LAW 80881 JEAN DAVIS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 01, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Ja"queline M. Verney, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursdav, October 06, 2005 , the conciliator, 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 cnter 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 existinl~ Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl {acqueline M. Vemey, Esq. Custody Conciliator t The Court of Common Pleas of Cumberland County is requin:d 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 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 . ~ ~p ~ ~;?'." ~ -5o--co'; . ~ j1 ~ '"_.v ~lf, 5C?-C".f ~,~ /~'vW ~7 ~ 5?7- c::'-p ~ ! ~\ 1.:';,.--, f\..L.i '. ~' '~'~',I'JnJ SO:2 H:! 2- d?S SOOl '" ,', ". :.j :JI'l JO l ..'1:1 ;. ,.'.,. "-,'!, ~. .J;-1 -l ACl'....".""...";l.'-I. , jJl:!,~!C--:".,::j :;1 EISENBERG AND ASSOCIATES LAW CENTER Denise M. Sebald, Esquire Attorney LD. No. 94559 603 Horsham Road, Suite B Horsham, P A 19044 (2 I 5) 443-03 II Attorney for Defendant ANDREESE CHARLES DAVIS 325 Liberty Court Mechanicsburg, P A COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA IN CUSTODY v. BOBBI JEAN DAVIS 1383 Neshaminy Valley Drive Bensalem, P A 19020 No. 05-4423 EMERGENCY PETITION TO TRANSFER VENUE Defendant, Bobbi Jean Davis, by and through her undersigned counsel, Denise M. Sebald, Esquire, hereby brings forth the following Petition to Transfer Venue and in support thereof states as follows: I. The parties herein are the parents of one minor child, Cameron Andreese Davis, born April 12, 1999. 2. No prior custody order has been entered regarding said minor child. 3. Since April 2004, the minor child has resided with Defendant at her home in Bensalem, Bucks County, Pennsylvania. Father had visitation with the child on weekends and as the parties agreed. 4. The minor child attended kindergarten in the Bensalem school district and was enrolled to attend first grade at that same school. His first day would have been Wednesday, September 2, 2005. 5. On Friday, August 26,2005, father picked up the child from mother's residence for visitation over the weekend. He was supposed to return the child to mother's residence on August 29,2005. 6. On Monday, August 29, 2005, father telephoned mother and advised that he would not return the child to mother's residence after all and that he wanted to have the child attend school in Mechanicsburg, P A. 7. Subsequently, father instituted the within custody action in Cumberland County, PA. 8. Venue should be transferred to Bucks County, Pennsylvania in light of the fact that the Petitioner 1j11d the minor child have resided in Bucks County together from April 2004 until August 29, 2005, when father absconded the child to Cumberland County, PA. 9. The Uniform Child Custody Jurisdiction and Enforcement Act mandates that the Act shall apply between the counties of the Commonwealth [23 Pa.C.S.A. g5364(a) and (h)). 10. Petitioner and her witnesses would be greatly inconvenienced by being forced to travel to Cumberland County in order to litigate this matter. 11. Pa.R.C.P. I 915.2(d) allows for transfer of venue in a custody action for the convenience of the parties and witnesses. WHEREFORE; Plaintiff respectfully requests that this Honorable Court enter an Order transferring the within custody action to Bucks County, Pennsylvania. VERIFICATION DENISE M. SEBALD, Esquire, verifies that she is authorized to take this Verification on behalf of the Petitioner, who is currently unavailable. The facts set forth in the foregoing pleading are true and correct to the be8t of his knowledge or information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. SOCIATES LAW CENTER DATED: September 20, 2005 '''Ot~i i"J":: -7 ,..' 7:J: ."r" r~~ l,: -,:-.., (") C ;-'" i~:c: ~ ~ = c.n (fJ r'1 -0 N "-> p :It C? ~ ~p! -om -09 ") ~ :.~"'3~ ~J.--'n t;:;;;C) orn -"" :r;; :..:: 01 "-> ANDREESE CHARLES DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW BOBBI JEAN DAVIS, Defendant NO. 05-4423 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of September, 2005, upon consideration of Defendant's Emergency Petition To Transfer Venue, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE at a hearing scheduled for Tuesday, October 4, 2005, at 3:00 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. Briefs in this matter are due at the time of the hearing. BY THE COURT, Andreese Charles Davis 325 Liberty Court Mechanicsburg, P A 17055 Plaintiff, pro se Denise M. Sebald, Esq. 603 Horsham Road Suite B Horsham, PA 19044 Attorney for Defendant Cd,C~.{J~ q /a.'i/O S- :rc , ;~1/;1l:J IS :8 ~ld 8Z d3S SOOZ Al:N10i\OrL\Jcd 3Hl :10 38U:!::J-Q]1I:l ANDREESE CHARLES DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BOBBI JEAN DAVIS, Defendant 05-4423 CIVIL TERM IN RE: EMERGENCY PETITION TO TRANSFER VENUE ORDER OF COURT AND NOW, this 4th day of October, 2005, upon consideration of Defendant's Emergency Petition To Transfer Venue, and following a hearing held on this date, the Petition To Transfer Venue is granted, and this case is transferred to the Court of Common Pleas of Bucks County, Pennsylvania. Nothing in this order is intended to represent a finding that the Plaintiff absconded with or improperly maintained possession of the child. Costs associated with this transfer of venue shall be borne by the Defendant, and Defendant's counsel is requested to take such steps as are necessary to facilitate the transfer of the file to Bucks County, Pennsylvania. By th,= Court, . iJii?dZJ Andreese Charles Davis 325 Liberty Court Mechanicsburg, PA 17055 Plaintiff, pro se ~ ~^- /0-/0.05.' C).- Denise M. Sebald, Esquire 603 Harsham Road Suite B Harsham, PA 19044 For Defendant :mae VIN~;~YUBhIN~d I'N'''.'' ."'."-.'!'n'" AlJ',)!, Y.: '",:'! \; lI..J ;; I :OIIW L - DO SOUl AbVIOiiOHL':;HcJ 3Hl ::10 3~}j:UO-Q:nu RECEIVED OCT 07 zooy ANDRE SSE CHARLES DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-4423 CIVIL TERM BOBBI JEAN DAVIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 7'h day of October, 2005, the pro se parties not appearing at the scheduled conference nor contacting the Conciliator to continue the conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, it it y Conciliator C) su "" = <:::.-~ en o ~~~ (.) -n --I I-r, :-ne Ii, ;:; () .+\ .~2 t-j ":') rr~ "" ":r:". ~ o 'j -~ r:~ c:> N ANDREESE CHARLES DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BOBBI JEAN DAVIS, Defendant 05-4423 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE J. Wesley Oler, Jr., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on October 4, 2005, in Courtroom Number One. APPEARANCES: ORIGINAL Andreese Charles Davis 325 Liberty Court Mechanicsburg, PA 17055 Plaintiff, pro se Denise M. Sebald, Esquire 603 Horsham Road Suite B Harsham, PA 19044 For Defendant },lJ'Y\C'~: ~.t!r18 60 : II \~II '- - [\ON sauz ~Hl :\0 ;:]'H.::() o:nl:J INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS FOR THE DEFENDANT Andreese C. Davis as on cross EXAMINATION 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: This is the time and place for a hearing on Defendant's Emergency Petition To Transfer Venue in the case of Andreese Charles Davis versus Bobbi Jean Davis. This is a custody case involving Cameron Andreese Davis, whose date of birth is said to be April 12, 1999. We will let the record indicate that the Defendant, Bobbi Jean Davis, is present in -- is not present in court, but her counsel, Denise M. Sebald, Esquire, is present. The Plaintiff, Andreese Charles Davis, is present in court representing himself. Ms. Sebald. MS. SEBALD: Yes. THE COURT: Do you want to present evidence to support your petition? MS. SEBALD: I was under the impression that this was to be argument. THE COURT: MS. SEBALD: THE COURT: No. It's a hearing. Okay. At least that's what the Rule To Show Cause says. MS. SEBALD: It's just that I phoned your office yesterday. I would have had my client with me, but okay, that's fine. Well, would you like me to make an opening statement, Your Honor? THE COURT: Well, we need some evidence to support the petition. You could possibly call the Defendant 3 1 -- or the Plaintiff as of cross if you want to try to 2 support it that way. 3 MS. SEBALD: Certainly. I also have a brief 4 for Your Honor if you would like to take a look at that. 5 THE COURT: Well, I'm not sure I need a 6 brief, but I do need some evidence. 7 8 9 10 11 12 13 14 15 16 MS. SEBALD: Okay. Well then, Your Honor, I will call the Plaintiff, Andreese Davis, to the stand. Whereupon, ANDREESE CHARLES DAVIS having been duly sworn, testified as follows: AS ON CROSS EXAMINATION BY MS. SEBALD: Q Mr. Davis, would you please state your name again for the Court? A Andreese Charles Davis. 17 Q And where do you reside? 18 A Mechanicsburg, Pennsylvania. 19 Q I'm sorry. I didn't hear that. 20 A Mechanicsburg, Pennsylvania. 21 Q Thank you. And how long have you resided in 22 Mechanicsburg? 23 24 25 A Q Roughly a year. And what is your relationship to Cameron Davis? 4 1 2 A Q I'm his father. And you were married previously to Bobbi Jean 3 Davis? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I was. Q And what is her relationship to the child? A His mother. Q Okay. And you were divorced in June of 2004; is that correct? A 2004. The exact month I'm not a hundred percent sure. Q Okay. And since 2004, Mother, Bobbi Davis, has had custody of the child? A No. Q Okay. Since -- so you've had custody of the child since 2004? State for me whose had custody of the child when. A I have always had Cameron. She went away for three years, and I still had Cameron, along with my other two kids, and in roughly August of 2004 -- August, 2004, I moved to Pennsylvania, and Cameron was to start his first year of kindergarten. I didn't want him to move from school to school. So myself and Bobbi, his mother, came up with -- well, I came with an agreement for him to stay with her for one school year, and that was it. custody -- There was never a 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So there was no custody order that was ever entered by any Court previously? A No. Q But from August of 2004 on the child was in the custody of Bobbi Davis? A Yes. Q And you had partial custody alternating weekends as the two of you agreed? A We're playing with the word custody, and I'm not sure if that was really -- we shared responsibility for Cameron, yes. Q Okay. But in terms of when you saw the child during the period from August of 2004 on, you saw him for a period of alternating weekends and maybe some extended visitation during the summer; is that correct? A More or less, yes. Q Now, in August of this year, 2005, you picked the child up from Ms. Davis's residence in Bensalem; is that correct? In August -- August 26? A We met halfway, yes. Q Okay. Now, you kept him for the weekend; is that correct? And then on that Monday did you telephone Bobbi Davis, August 29th? A I picked him up on Friday. We spoke about the agreement, and she rescinded it and she basically said 6 Q custody change. written down? A Q filed? A Q 7 1 he's safe. 2 Q And you knew that Cameron was enrolled in 3 school to be attending first grade starting that Wednesday, 4 August 31? 5 A Well, yes, I did know that. 6 Q And you went up to his school the day after, 7 September 1st, and unenrolled him from the school? 8 A Yes. Myself and -- we talked about that and 9 -- all summer we talked about the same agreement, and she 10 just kind of laughed me off pretending to not remember it, 11 and I remember the day she actually signed him up for school 12 and I couldn't believe she did that because it was setting 13 him up for disappointment. I remember her doing that, yes. 14 I told her -- I told her not to do that. There wasn't a 15 custody order, no, but I've always taken care of Cameron, 16 and I've always been the person to really look after him. 17 Q But she did have your consent to have the 18 child enrolled in kindergarten? 19 20 21 22 23 24 25 A Yes. Q The prior year? A She did. Q And he did attend a full year of kindergarten in Bensalem, Bucks County? A Yes, he did. And in terms of always taking care of Q 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Cameron, wasn't that because she was deployed? It wasn't that she didn't care about the child? A I don't doubt that Bobbi cares for him and loves him. Yes, she was deployed. That was her choice. I was in the military also, and I got out to take care of Cameron, to take care of my family, and that was her choice. She chose to stay. Q And she visited with him every weekend while she was deployed? She drove up from Virginia to New York to see you? A Not every weekend, no, but she did come up to visit. She did come to visit, but not every weekend. I would say it was an average of three times a month. MS. SEBALD: I have nothing further of this witness, Your Honor. THE COURT: Do you have anything that you want to say in response to those questions? THE WITNESS: The only thing that I really want to make clear is that there was no abduction. The way the papers were written, it just seems like I scooped him up and took him. I was not going to just allow her to just take my son. I don't doubt that she loves him. I know she loves him, but I truly don't think that it's in the best interests of Cameron to really be cared for by her. She's in the military, and she's going to have to leave. I want 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 stability for my child. That's all I want. And if I don't have to leave there's no reason for me to go anywhere. She has to go away. She has to be deployed again, and that's just the way of the Navy. And if I truly didn't believe it was the right thing to do, it would be easier on -- definitely me, I guess, because it would be less responsibility, but that was what we both set out to do in the beginning, to take care of Cameron, and take care of the kids, and that was the reason I got out. She was supposed to get out soon after. She decided to stay in, that was her choice, and her choice separated -- I don't want to say separated, but it didn't fit into what we both agreed was the best option for the kids. That's all I have to say. THE COURT: All right. Ms. Sebald, do you have any further questions of Mr. Davis? MS. SEBALD: No, I do not. THE COURT: Now, you're working here in Cumberland County? THE WITNESS: Yes. I work at Harrisburg International. address is. THE COURT: And where does she live? MS. SEBALD: Ms. Davis resides in Bensalem. THE COURT: I need a witness to say what her Is she at 1383 Neshaminy Valley Drive in 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Bensalem? THE WITNESS: That sounds right. THE COURT: And how long have you been separated? would say be 2002. THE WITNESS: The exact amount of time, I well, since I moved to New York. So that would THE COURT: Okay. And when you were in New York you had Cameron most of the time or she did? THE WITNESS: I had Cameron. THE COURT: You had him? THE WITNESS: Yes. THE COURT: And then when was it that you decided between you that she would have Cameron most of the time in Bensalem? THE WITNESS: That was in August of 2004. August, 2004. THE COURT: And what occasioned that? THE WITNESS: THE COURT: THE WITNESS: What brought that on? Yeah. The job that I had in New York didn't work out and the kids honestly weren't that happy. So I heard that this area was good for kids, and my job was offering this as an option, and the nanny that I had at the time, she didn't work out. So it was in the best interests 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the kids really for me to come here, and Cameron had to start kindergarten. I wrestled with it for a while, and she kept asking and I just kept saying no, and we agreed on that, and that was really the only reason I let him go, because I could have worked it out. I mean he could have started school there and then came here, but I didn't want that for him. It was his first year of school, and I wanted him to be consistent in his first year of school, and like I said, we agreed on that, and I said go ahead because he actually was there, I want to say, all of the month of August, because it was the summer, and yeah, so that's why. THE COURT: The petition actually says April, but you feel it was August? THE WITNESS: It was definitely August. She did get him like every week or every other week because he wasn't in school at the time. Whenever her job allowed or -- I can't remember the specifics, but no, he definitely didn't move in with her in April. I got -- the nanny that I had, she didn't leave until at least June, at least June or July, and I had a replacement there for about a month. So at the earliest it was was June, and I had just baby-sitting from that point. I didn't have a nanny. THE COURT: So for the last -- since August of 2004, until August of 2005, the child has lived mostly in 12 1 2 3 4 5 6 7 Bensalem? THE WITNESS: That's correct. THE COURT: Okay. If there's nothing further, you may step down. Thank you. THE WITNESS: Thank you. THE COURT: Anything further, Ms. Sebald? MS. SEBALD: I do not have any further 8 testimony to present. 9 THE COURT: Okay. Mr. Davis, did you want to 10 call yourself to the stand to say anything further or call 11 any other witnesses? 12 MR. DAVIS: I read the papers, and it says 13 that she would be inconvienced. If we're really talking 14 about what's best for Cameron -- well, what's best for the 15 child, then he would be more inconvenienced than anyone 16 because eventually he would have to be evaluated, I assume, 17 and eventually someone would want to hear what he has to 18 say, and possibly even what the other siblings would have to 19 say. So we're talking about day care or child care, missing 20 school, and things of that sort. 21 THE COURT: Are you saying there are other 22 siblings? 23 MR. DAVIS: Yes. I have three kids. 24 MS. SEBALD: Not with -- 25 MR. DAVIS: Not with her. I have two with 13 another -- with another person. THE COURT: Oh, I see. Not living with you? MR. DAVIS: Oh, they live with me. THE COURT: They live with you? MR. DAVIS: We have all lived together forever. THE COURT: Okay. Anything further in an evidentiary sense? MS. SEBALD: No. I would like to make a 1 2 3 4 5 6 7 8 9 10 closing argument. 11 THE COURT: Anything further evidentiary 12 wise, Mr. Davis? 13 MR. DAVIS: No. 14 THE COURT: Okay. And do you want to make a 15 closing argument? 16 MS. SEBALD: Yes. Thank you, Your Honor. 17 THE COURT: Ms. Sebald. 18 MS. SEBALD: We've heard the Plaintiff talk 19 about choice, talk about the not wanting the children to 20 switch schools. It was his choice to allow the child to 21 remain with Bobbi Davis from August of 2004 until August of 22 2005. Pursuant to the U.C.C.J.U.A., the proper venue for a 23 child custody action is vested in the county which is the 24 home county of the child, where the child has resided for a 25 period of 6 months prior to the filing. That clearly is 14 1 Bucks County, Pennsylvania. 2 I do have a brief I would -- if Your Honor 3 would like to look at citing the rules and provisions based 4 on the fact that he has taken what was, in my client's 5 knowledge, to be a weekend visitation just like all his 6 other weekend visitations, and retain the child without her 7 agreement. 8 Venue of any custody action belongs in Bucks 9 County. This action should be transferred to Bucks County, 10 Pennsylvania. We ask, pursuant to Pa. R.C.P. 1006(e) that 11 he bare the costs of the transfer of the action to Bucks 12 County, Pennsylvania. We also ask Your Honor enter an order 13 reinstating custody of the child in mother pending the 14 outcome of the custody proceedings in Bucks County. 15 THE COURT: I'm not prepared to do that, but 16 Mr. Davis, do you want to make a closing argument? 17 MR. DAVIS: Like I said earlier, I think in 18 the best interests of Cameron, it should be handled here. 19 He was in Bucks County for that year, but it was a temporary 20 situation, and it should be handled as such. Where he is 21 now is where it should be handled. 22 THE COURT: We'll take a brief recess and 23 look at the brief that Ms. Sebald has prepared. Do you have 24 any cases, Mr. Davis, that you think are pertinent? Any 25 authority? 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 MR. DAVIS: Well, I didn't think we were discussing custody. We were just talking about the change of venue. THE COURT: No, I don't believe we are. I don't believe that was requested in this petition. So I'm certainly not prepared to make an order on custody itself, just on venue. MS. SEBALD: May I approach, Your Honor? THE COURT: Certainly. And, Mr. Davis, did you have any cases you wanted to bring to my attention on venue? MR. DAVIS: No. No, sir. THE COURT: Okay. We'll take a brief recess. (Whereupon, a recess was taken at 3:39 p.m.) AFTER RECESS THE COURT: Please be seated. Given the 17 child's location in Bucks County for almost a year, or 18 actually for a year prior to the institution of this action 19 in Cumberland County, I think the more appropriate venue is 20 Bucks County, and we will enter this order: 21 AND NOW, this 4th day of October, 2005, upon 22 consideration of Defendant's Emergency Petition To Transfer 23 Venue, and following a hearing held on this date, the 24 Petition To Transfer Venue is granted, and this case is 25 transferred to the Court of Common Pleas of Bucks County, 16 1 Pennsylvania. 2 Nothing in this order is intended to 3 represent a finding that the Plaintiff absconded with or 4 improperly maintained possession of the child. 5 Costs associated with this transfer of venue 6 shall be borne by the Defendant, and Defendant's counsel is 7 requested to take such steps as are necessary to facilitate 8 the transfer of the file to Bucks County, Pennsylvania. 9 (End of order.) 10 MS. SEBALD: Thank you. 11 (Whereupon, the proceedings concluded.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause, and that this is a correct transcript of same. 1Z1lJ~ $G Michele A. Eline Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ".U 2. 'Ji..t- l'Ju. l--~ Date I I {//;i' / /' ;.'~ !. ~> '- '/ i:,.;...(:_ J,/, Wesley .f!l,~r, Jr., -J. ~inth Judicial District 18