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BIPARAfION AORlBMINT
THIS IS AN Agreement made this l Iii) day of ~ '''''t i(1 rl t", 1994,
by and between Dwayne B. D~ Sr. , of H, -1lO11y Spr ingl,
Cumberland County, Pennlylvania, (hereinafter referred to as
HUlband) and Debra J, Davis, of Carlillle, Cumberland County,
Pennlylvania, (hereinafter referred to al Wif~),
WHEREAS [ HUlballd and Wife were married on November 14, 1986, in
Camp Bill, Pennlylvania, and
WHEREAS, varioul differenoel have ariaen between HUlband and Wife,
whereby they have been living separate and apart sinoe February 19,
19931 and
WHEREAS, thejsrties have agreed to Plaintain separate and pernlAnent
domiciles an to J.iVll apart from each other, and
WHEREAS, the parties desire to enter into an amicable settlement to
provide for all of the property rights of the partiel and to
dbpose of the rights and obligations of each to the other in
respect to spousal lupport, maintenance, alimony, counsel fees,
equitable distribution, and all other right a and obligati~ns under
the Divorce Code of 1980, as amended, and it is the intention and
agreement of the parties that this Agreement be a full, complete
and final settlement of all of those rights and obligations under
said Divorce Code, and
NOW, THEREFORE, for and in exchange of mutual considerations, and
intendini to be bound by the provisions hereof, the parties agree
that the r recitals form a part of this Agreement and waive any
right to counseling under thll Divorce Code of 1980, as amended, and
right to counsel fees, costs, alimony, support, maintenance, and
any other rights under the said Divorce Code not provided for
h~r~in and agree as followSI
1, SEPARATION, The parties agree that it shall be lawful for each
party, at all times hereafter, to live separate and apart from the
other, at Buch place or places as he or she may, from time to time,
choose or deem fit, Each party shall be free from interference,
authority or contact by the other, as fully as if he or she were
single and unmarried, Neither party shall molest the other or
attemit to endeavor to molest the other, nor compel the other to
cohab t with the other, or in any way harass or malign the other,
nor in Any way interfere with the peaceful existence, separate and
apart, from the other,
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2, RIAL ISTATI. HUlband and Wife jointly own the real property
located at 336 West Penn Street, Carliale, Cumberland County,
Pennlylvania, The aforesaid real property prelently ha. an
outstanding mortgage in favor of Farmers Trult Company. Wife Ihall
deed any right, title and interest she has in the aforesaid
premile. to Husband, Husband shall be snlely responsible for all
mortgage paymentl, liabilities, taxes, assessmentl, insurance, and
the COlt of maintenance on said premises. Husband shall indemnify
and hold Wife harmleBl from any liability, claims, oause" of
actien, suits, or litigation for money owed, damages, indirect or
conaequential, including legal fees, arising out of failure of
Hu.band any liflns, mortgages, encumbrancel, and any and all other
obligationl pertaining to the aforesaid premises.
3, MOBILI HOME. Husband and Wife jointly own a 1993 Redman
Dlobile home located at 4 Larken Lane, Mt. Holly 5pringQ, Cumberland
County, Pennsy 1 vania. The mobile home is presently encumbered with
a loan from PNC Bank, Wife shall convey all of her rights, title
and interest in said mobile home 1:.0 Busband, Husband shall be
solely responsible for all loan payments, liabilities, taxes,
a.ses.ments, insurance, and the cost of Dlllintenanee on the mobile
home, Husband shall indemnify and hold Wife harmlesa from any
liability, claims, causes of action, suit., or litigation for money
owed, damages, indireot or consequ~ntial, inclUding legal fee.,
arising out of failure of Husband to pay any encumbrances, liens,
and any and all other costs relative to the mobile home,
4. AUTOMOBILES/MOTORCYCLE.
A, Wife shall have as her sole and exclusive property, title
to and possession of the 1991 Geo Prism, Husband shall execute any
and all necessary paperwork to accomplish a transfer of any and all
of his rights, title and interest in said automobile to Wife,
Husband shall further satisfy in full the loan obligation with
t~~pect to said automobile currently with Farmers Trust Company,
Husband shall indemnify and hold Wife hannless from any liability,
claims, causes of action, suits, or litigation for money owed,
damages, indirect or consequential, including legal fees, arising
out of failure of HUL:--and to so satisfy the encumbrance with
Farmers Trust Company, Wife shall indemnify and hold Wife harmless
from any liability on any cost of repairs, maintenance,
registration, inaurance and lor inspection of the vehicle.
S, Husband shall have has his sole and exclusive property,
title to and pOBSession of the 1993 Chevy 5-10, Husband shall
indemnify and hold Wife harmless from any liability on any loan
encumbering the vehicle, cost of repairs, maintenance,
regiltration, insurance and/or inspection d 'the vehicle which
Husband is taking as his sole and exclusive property.
.
C. HUlband shall have his lole and exclulive property, title
to and pOlleuion of a 19B9 Honda Voyager motoroycle, Husband
Ihall indemnifr and hold Wife harmleSI from any liability on any
loan enoumber ng the vehiole, oOlt of repairs, maintenanoe,
reqiltntion, insuranoe and/or inspeotion of the vehicle whioh
Husband is taking a. his sole and ex~lusive property,
5, ~2.PIR'1'Y. The parties have divided or have agreed to
a divilionot-their perlonal property whioh includes bank accounts,
oertifioates of deposit, life insuranoe poliaies, jewelry,
olothing, furniture and any and all other perlonal items, Any and
all property in the pOlles.ion of Husband shall be his sole and
IIparate property. Any and all property in the pOlllession of Wife
shall be her sole and separate property. Eaoh party forever
renounces whatever olaims he/lhe may have with reBpeot to the
property whioh the other is taking, Eaoh party understands that
he/lhe has no right or olaim to any property aoquired by the other
after the signing of thiB Agreement,
6, PIN8ION/RI'1'IREHlN'1' PLAN,,!, Each party releases any and all
claim. or demand. they may have on the other party's pension or
retirement plans, if any,
7, DIB'1'8, The parties represent and warrar.t to eaoh other that
neither has incurred any other debts nor made any other contracts
for which the other or his/her estate may be liable, from date of
separation forward. Neither party shall contract nor inour any
debtor liability for whioh the other or his/her property or estate
might be responsible and agrees to indemnify the other from any
olaims made against the other because of debts/obligations not
inourred by the other.
B, ALIMONY. ALIMONY PENDENTE LITE, SUPPORT or SPOUSE, The
parties waive any and all right to receive from the other any
p':'j':llent of al.imony, alimony pendente lito, and/or spousal support,
9, mFFECTIVE DATE. The effective date of this Agreement shall be
the date of execution by the parties if they had each executed the
Agreement on the same date. Otherwise, the execution date of this
Agreement shall be defined aa the date of execution by the party
last executing thil Agreement.
10, ~IVORCI, The parties agree that should either party file a
Complaint in Divorce, claiming that the marriage is irretrievably
broken under the no-fault mutual consent provision of Section
3301(c) of the Pennsylvania Divorce Code, then both partiel agree
to execute any and all affidavits or other documents necessary for
the parties to obtain an absolute divorce pursuant to Section
3301(0) of the Divorce Code including waiver of all rights to
.
request Court ordered counleling, It il agreed and underltood
between the partie I that in the event a divorce proceeding i. filed
by either party in any other jurisdiction, that the partiel Ihall
not contest, but inltead conlent to luch proceedings and Ihall
execute any and all documents necessary so as to proceed with and
obtain an absolute and final divorce,
11. JNCORPORATION INTO DBeRlB. Should a decree, judgment or order
of leparation or divorce be obtained by either of the partie. in
this or any other Itate, country, or jurisdiction, each of the
partiel hereby aonsents and agrees that this Agreement and all of
itl covenant. shall not be affected in any way by any .uch
separation or divorce, and that nothing in any luch decne,
judgment, order or further modification and revision thereof shall
alter, amend or vary any term of this Agreement, whether or not
either or both of the parties shall remarry, it being understood by
and between the partes hereto that this Agreement shall survive and
Ihall not be merged into any decree, judgment, or order of divorce
or separation, It is specifically agreed, however, that a copy of
this Agreement or the substance of the provisions thereof, may be
incorporated by reference into any divorce, judgment or its decree.
This incorporation, however, shall not be regarded as a merger, it
being the specific intent of the parties to rermit thi. Agreement
to survive anr judgment and to be forever b nding and concluaive
upon the part ee,
12. MUTUAL RELEASE. Husband and Wife do hereby mutually remise,
release, quit claim or forever discharge the other and the estate
of such other, for all time to come, and for all purposes
whatsoever, from any and all rights, title and interest, or claims
in or against the estate of such other, of whatever nature and
wherever situate, which he or she now has or at anytime hereafter
may have against such other, the estate of such other or any part
thereof, whether arising out of any former acts, contracts,
cr'\lagements or liabilities of such other or by way of dower or
curtesy of claims in the nature of dower or curtesy, or widow's or
widower'o rights, family exemption or similar allowance or under
the intestate laws, or the right to take against the spouse's will,
or the right to treat a lifetime conveyance by the other as
testamentary or all or other rights of the surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth or territory of
the United States, or any other country or any right which either
party may now have or at anytime hereafter have for past, present
or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of the
marital relation or otherwise, except and only except all rights
and agreements and obligations of whatsoever 'nature arising or
which may arise under this Agreement or for the breach of any
.
provhion th.reof, It h the int.ntion of Husband and Wife to give
to ..ch oth.r by the ex.cution of thi. Agr..ment a full, compl.t.
.nd gen.r.l r.l.... with re.pect to .ny .nd .11 property of any
kind or nature, real, personal or mixed, which the other now own.
or may hereafter acquire, except and only except all right. .nd
.greement. and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any provi.ion
thereof,
13, COUNSEL FI!S. Eaoh party individually oovenants and agree.
that he or she will individually assume the full and sol.
r..poneibility for legal expen.ee for hie or her attorney and court
coste in oonnection with any divoroe aotion which may be brought by
either party and shall make no claim against the other for such
oosts or fees,
14, ADDITIONAL INSTRUMENTS, Each of the parties shall, from t.ime
to time, at the request of the other, execute, acknowledge and
deliver to the other party any and all further instruments or
doouments that may be reasonably required to give full force and
effect to the provieions of this Agreement,
15, MODIFICATION OR WAIVER, A modification or waiver of any of
the provisions of this Agreement shall be effective only if made in
writing and exeouted with the same formality as thle Agreement,
The failure of either party to insist upon the strict performance
of any of the provisions of this Agreement shall not be construed
all a waiver of any subsequent det:ault of tho same or similar
nature,
16, ENTIRE AGREEMENT. This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein.
17. SEPARATE PARAGRAPHS. It is speoifioally understood and agreed
by and between the partiea thereto that each paragraph hereof shall
be deeMed to be a eeparate and independent agreement,
18, BREACH. If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for suoh breach or seek such othsr
remedies or relief as may be available to him or her and the party
breaching this Agreement shall be responsible for payment of legal
feee and costs incurr~d by the other in enforcing the rights under
this Agreement, or in seeking such other romediea or relief as may
be available to him or her,
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DBBRA J. DAVIS, I IN THE COURT or COMMON PLEAS or
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v I 94-4461 CIVIL TERM
I
DWAYNB E, DAVIS, SR" I CIVIL ACTION - LAW
Defendant I
I IN DIVORCE
PRABeI'1 TO TRANSMIT RICORD
TO THE PROTHONOTARY I
Transmit the reoord, together with the following information, to
the Court for entry of a divoroe deoreel
1. Ground for Divoroel Irretrievable breakdown under seotion
()3301(0) (x)3301(d)(1) of the Divoroe Code, (Cheok applioable
section, )
2, Date and manner of service of the Complaint I Counterolaim
seeking a divoroe under 3301(d)(1) of the Divoroe Code was served
upon Plaintiff I s attorney by first class mail on November 27, 1995,
3, (Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of oonsent required by
Section 3301(c) of the Divorco Codel By Plaintiff I
by Defendantl
(b) (1) Date of execution of the Defendant's affidavit
required by Seotion 3301(d) of the Divorce Codel November 20,
19951 (2) Date of service of the Defendant.s affidavit upon the
Plaintiff I Served upon Plaintiff's oounsel November 27, 1995,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
!il4- l/I/fJ,/ CIVIL TERM
IN DIVORCE
DEBRA J. DAVIS,
Plaint:.itr
DWAYNE E. DAVIS, SR.,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTa
You have been sued in court. If you wish to defend against
the olaims set forth in the following pages, you must take prompt
aotion. You are warned that if you fail to do so, the oase will
prooeed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the plaintiff. You may lose money or property or other
rights important to you, inclUding custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marria.ge
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at the First Floor, Cumberland county
courthouse, south Hanover street, Carlisle, PA 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
00 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,
CQurt Administrator
cumberland county Courthouse
South Hanover street
Carlisle, Pennsylvania 17013
(7l7) 249-1313
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94- CIVIL TERM
IN DIVORCE
DEBRA J. DAVIS/
plaintirt
DWAYNE E. DAVIS, SR.,
Detendant
COMPLAINT IN DIVORCE
plaintirt is Debra J. DaVis, an adult
individual
1.
currently residing at 23 North Middleton Road, Carlisle,
Cumberland County, Pennsylvania.
residenoe sinoe February, 1993.
2, Defendant is Dwayne E. Davis, sr., an adult individual
Ms. Davis has lived at this
currently residing at 4 Larken Lane, Mt. Holly springs,
Cumberland County, Pl!nnl!lyl vania.
Mr. Davis has lived at this
residence since approximately November, 1992.
3. plaintitt is a bona tide resident of the commonwealth
ot Pennsylvania
and has been so for at least six months
immediately previous to the filing of this Complaint.
4. plaintift and Defendant were married on November 14,
1986, in camp Hill, Cumberland County, Pennsylvania.
5. ':'here have been no prior actions for divorce or
annulment between the parties.
6. The parties are not active members of the Armed Foroes
ot the United states of America or its Allies.
7. Plaintiff has been advised of the availability of
oounseling and the right to request that the court require the
parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court require the parties to participate
in counsel ing.
B. Plaintitt and Defendant are citizen. of the united
stat.. of America.
9. The partie.' marriage i. irretrievably broken.
10. Plaintift deBiru a divorce and it ill believed that
Defendant will after ninety (90) days from the date of the filin9
of thill Complaint con.ent to this divoroe.
WHEREFORE, Plaintiff requests your Honorable Court to enter
a Decree in Divorce under Bection 3301(c) of the Divorce Code of
19BO, all amended.
COUNT II
11. Paragraphs 1 through 10 are incorporated herein by
reference as if set forth in their full text.
12. The parties have lived separate and apart since
February 19, 1993.
WHEREFORE, Plaintiff requests your Honorable Court to enter
a DecrQe in Divorce under Section 3301(d) of the Divorce Code of
19BO, as amended.
COUNT I II
13. Paragraphs 1 through 12 are incorporated herein by
reference as if set forth in their full text.
14. Defendant has committed such indignities upon the
person of the Plaintiff, the innocent and injured spouse, as to
make her condition intolerable and life burdensome.
WHEREFORE, Plaintiff requests your Honorable Court to enter
a divorce pursuant to 23 P.B. Section 3301(a) (6).
COUNT IV
15. Paragraph. 1 through 14 are inoorporated herein a. if
.et forth in their full teKt.
16. plaintiff and Defendant are joint owners of oertain
real estate looated at 336 West Penn street, carliSle, Cumberland
county, Penneylvania.
17. plaintiff and Defendant are joint owners of various
items of personal property, furniture, and household furnishings
aoquired during their marriage which are subjeot to equitable
distr ibution.
18. Plaintiff and Defendant have inourred debts and
obligations during their marriage which are subject to equitable
distribution.
WHEREFORE, plaintiff requests your Honorable Court to
equitably divide their marital property and equitably apportion
their debts.
COUNT V
19. Paragraphs 1 through 18 are incorporated herein as if
set forth in their full teKt.
20. Plaintiff is unable to provide for or afford her
counsel fees, eKpenses, and costs during the pendenoy of this
divorce action and through its resolution.
21. Plaintiff is without sufficient property and otherwise
unable to finanoially support herself despite being employed.
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DB BRA J. DAVIS, I IN THB COURT OF COMMON PLBAS OF
Plaintif f I CUMBBRLAND COUNTY, PENNSYLVANIA
I
v I CIVIL ACTION - LAW
I
DWAYNE B. DAVIS, SR., I 94-4461 CIVIL TBRM
Defendant I
I IN DIVORCE
I
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, ,
NOTIr.1 TO DIPIND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the
claims Bet forth in the following pagell, you mUBt take prompt
action, You are warned that if you fail to do BO, the caBe may
proceed without you and a decree of divorce or annulment may be
entered againBt you by the Court. A jUdgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children,
When the grounds for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling, A
list of marriage counselors is available in the prothonotarr I s
Office at the Cumberland County Courthouse, Carlisle, Pennsylvan a,
IP YOU DO NOT PILE A CLAIM POR ALIMONY, DIVISION OP PROPERTY,
LAWYIR'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS
GRANTID, YOU HAY LOSE THI RIOHT TO CLAIM ANY OP THEM,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR TELEPHONE THI
OPPICE SET PORTH BELOW TO PIND OUT WHIRE YOU CAN GET LEGAL
HELP,
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE, 717 - 240-6200
dIYlunlllll.'U5
DEBRA J. DAVIS, I IN THB COURT OF COMMON PLBAS OF
Plaintiff I CUMBBRLAND COUNTY, PENNSYLVANIA
I
v I CIVIL ACTION - LAW
I
DWAYNE E. DAVIS, SR" I 94-4461 CIVIL TERM
Defendant I
I IN DIVORCE
ANSWER AND COUNTeRCLAIM
AND NOW, comes the Defendant, Dwayne E. Davis, Sr., an adult
individlJal, who answers and avers as follows I
1
Admitted,
2
Admitted.
3
Admit ted,
4
Admitted.
5.
Admitted,
6
Admitted,
7
Admitted.
.
8 '.
Admit tad,
I verify that the etatemente in the foregoing pleading are true and
correct,
I underlltand that fa lee etatemente herein are made
eubject to the penalties of 18 Plica 4904 relating to uneworn
faleifioation to authorities,
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DWA NE E: DAVIS, SR,
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DEBRA J. DAVIS, I IN THE COURT OF COMMON PLEAS or
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
ve. I CIVIL ACTION - LAW
I 94-4461 CIVIL TERM
DWAYNE E. DAVIS, SR., I
Detendant I IN DIVORCE
ACCEPTANCE OF SERV~
I hereby aoknowledge that I have reoeived a oertified and
true oopy ot an Amended Complaint in Divoroe in the above
oaptioned oaee and verify that I am authorized to do so on behalf
of my olient, Dwayne E. Davis, Sr.
OATEI_ ~!I\111.-'
, r
Christopher C. Ho ston, Esqu re
Broujos, Gilroy & HOllston
4 North Hanover street
carlisle, FA 17013
Sworn and subscribed. to
betore me this /~
day of !hAy lI..l..j- ,
19l.l4.
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VB.
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL AC'rION - LAW
DEBRA J, DAVIS,
Ph inti rr
DWAYNE E. DAVIS, SR.
Detendant
94-4461 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF OONBINT
1. A complaint in Divorce under Section 3301(c) or 3301(d)
ot the Divorce Cude wus WIlS filed on Auqust B, 1994.
2. The marriage of plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
tiling of the Complaint.
3. I consent to the entry of a final Decree of Divorce.
4. I have been advised of the availability of ml1r'riage
counseling, that I may request that the court require that my
spouse and I participate in counsel ing, and that the Court
maintains a list of marriage counselors in the prothonotary's
Office, which list is available to me upon request.
Being so
advised, I decline to request that the Court require that my
spouse and I participate in counseling.
5. I understand that I may lose rights concerning alimony,
division of property, lawyers' fees or expenses if I do not claim
them before a divorce is granted.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 1B Pa. C.S. 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIi~.
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OWAYNE t. DAVIS, SR., Defendant
DATEl
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DRBM o1. DAVIS, I IN THB COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PBNNSYLVANIA
I
v I CIVIL DIVISION - LAW
I
DWAYNE E, DAVIS, SR., I 94-4461 CIVIL TERM
Defendant I
I IN DIVORCE
AFFIDAVIT UNDER SECTION 3301(4)
OF THE DIVORCE CODE
i. The partie a to thia action aaparated on February 19,
1993, and have continuad to liva aaparate and apart for ft
period of at leaat two yeara.
2. Tha marriage ia irretriavably brokan.
3, I undarstand that I may losa rights concarning alimony,
division of property, lawyer'a faea or expensaB if I do not
claim them bafore a divorce ia granted.
I verify that the atatementa made in thia Affidavit are trua
and correct, I undarstand that falsa statamantB harain are
made Bubjact to tho pana). t.iaa of 18 Pa. C. B. Bection 4904
relating to unBworn falBificiiljn to authoritiaa, __
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ihv~YNE E.~DAVIS
Plaintiff
Oatel //- ZO-').)
NO'l'lCE
IF YOU WISlI TO DENY OF TilE S'l'ATEMf:N'l'S S~:T FORTlI IN TlIIS
AFFIDAVIT. YOU MUST FILE A COUNTEIIAFFIDAVIT WITllIN TWENTY
(20) DAYS AFTER TlIIS AFFIIlAvtr liAS BEEN SERVED ON YOU OR
TlIE STATEMENTS WILL BE ADMITTED.
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DB BRA J. DAVIS, I IN THE COURT OF COMMON PLBAS or
plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v I 94-4461 CIVIL TERM
I
DWAYNE B. DAVIS, SR., I CIVIL ACTION - I.AW
Defendant I
I IN DIVORCE
AFFIDAVIT OF SERVICE
I, Chrietopher c. Houeton, Eequire, oertify that an AnlSwer and
Counterolaim alld a oertified oopy of a 3301(d) Affidavit were
served upon Bradley L, Griffie, Esquire, attorney for. Plaintiff, by
first olass mail, postage
./
C r stop , Houston, Esqu re
At.torney Defendant
Broujos, Gilroy & Houetoll, P,C.
4 North Hanover Street
Carlisle, PA 17013
717 - 243-4574
Bworn and subsoribsd to
before me this .:NrJday
of J(~hV\~~t ' 1996,
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DEBRA J. DAVIS/ t IN THE COURT OF COMMON PLEAS or
plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I CIVIL ACTION - LAW
I
DWAYNE E. DAVIS/ SR" t 1994 - 4461 CIVIL TERM
Defendant I CUSTODY
AND NOW, this
ORDER OF COURT
-, I I'
',' day of
:) /. t I I ,,'
, 1994, th.
attached atipulation and Agreement is hereby made an Order ot
Court and all prior Orders on this matter are hereby vacated.
BY THE COURT,
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DEBRA J. DAVIS,
plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DWAYNE E. DAVIS, SR.,
Defendant
94-4461 CIVIL TERM
IN CUS'rODY
CUSTODY
STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION
entered into the day and
between Debra J. Davia,
year hereinafter sot forth, by and
(hereinafter referred to as "Mother") and Dwayne E. Davis, sr.,
(hereinafter refen'ed to as "Fathl1r").
WHEREAS, the parties are the natural parents of Brandy
Nicole Winters, born September 23, 1984, and Dwayne Eugene Davis,
Jr., born May 17, 1988 (hereinafter the "children"), and
WHEREAS, the parties are presently separated and living in
separate residences, and
WHEREAS, the parties wish to enter into an agreement
relative to custody and partial custody of the children, and
NOW, THEREFORE, in consideration of the mutual covenants,
promises and agreements as hereinafter set fort.h, the parties
agree as follows:
1. The parties shall have shared or joint legal custody of
the children.
2. Mother shall have primary physical custody of the
children.
3. Father shall have temporary or partial physicaL custody
of the children on the following basis:
a. Every other weekend from 6:30 Friday evening until
6:30 Sunday evening,
b. For two weekll Of vaoation during the lIummer
vaoation monthll, lIaid two weekll not to be oonseoutive unJ.eslI
otherwise agreed upon by the partiell and lIaid two weekll to be
eKeroised upon 30 days notice, and
o. At other timell all the partiell may agree.
4. ThL partiell IIhall alternate the following holidaysl New
Year'lI Day, Eallter, Memorial Day, 4th of July and Labor Day.
Father shall have the children on New Year'lI Day, 1995, and
alternating thereafter for the period from 9100 a,m. until 6130
p.m. on each day. Further, in the event one of the holidays set
forth above is a Monday holiday following Father's weekend period
of temporary custody as set forth above, Fathel' shall simply
retain physical custody of the children through Sunday night and
Monday morning until 6:30 p.m. on the holiday. This holiday
schedule shall supersede the alternating weekend schedule.
5. Every Christmas Father shall have the children from 9100
a,m. on Christmas eve until 9:30 p.m. on Christmas eve and Mother
shall have the children from 9130 p. m. Christmas eve throl~gh
Christmas day.
6. During each Thanksgiving season the parties will divide
the period of school break during the Thanksgiving vaoation by
alternating the following periods:
a. The period from 5:00 p.m. on the last day of lIohoo1
prior to Thanksgiving until 9100 p.m. on It: he Friday after
Thankllgiving, and
b. The period tram 9100 p,m. on the Friday atter
Thanksgiving until 5100 p.m. on the last day ot the sohool break
betore sohool begins.
7. The children shall always be with Father during Father'.
Day and shall alwayu be with Mother during Mother's Day for the
period beginning at 9100 a.m. on those respeotive days with
Father returning the children at 6130 p.m. on Father's Day.
B. The parties will keep each other advised immediately in
the event of serious illness or medical emergency concerning the
ohildren and shall further take any necesAary steps to ensure
that the health and well being of the children is protected.
During such illness or medical emergency, both parties shall have
the right to visit the children as often as he or she desires
oonsistent with the proper medical care of the children.
9. Neither parent shall do anything which may estrange the
ohildren from the other party, or injure the opinion of the
children as to the other party, or which may hamper the free and
natural development of the children's love or affection for the
other party.
10. Any modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
only if executed with the same formality as this stipulation and
Agreement.
11. The parties desire that this stipulation and Agreement
be made an Order of Court to the Court of Common Pleas of
Cumberland county, and further aoknowledge that the Court ot
Common Pleas of Cumberland county does, in fact, have
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l'A1'RICK F. l.AUER, JR.
Allorney ul Luw
21l1K Mlllkl:l Slr~"'1
A/IL'&: J"J1ldln~
('UII1I,ItIlI.I.,\111111
1117) 7td.IKOU
I\flH ~~ :l 1997jJ"
DIBRA J 0 DAVIS, I IN TUI COURT OF COMMON PLBA8 OF
Plaintiff I CUMBBRLANO COUNTY PBNNSYLVANIA
I
va, I CIVIL ACTION - LAW
I
DWAYIfII 10 DAVIS, SR" I 1994- 4461 CIVIL TBRN
Defendant I CUSTODY/VISITATION
ORDIR OF COURT
AND NOW, thiB ~8 t:Jl
day of (J;/tt,,'L
_, 1997, upon
consideration of Plaintiff's Counsel's MOTION FOR THE FINDING OF
CONTEMPT, it is ~ebY ORDERED that a Hearing on the matter shall
be held on JbAlUdAYday of 8~/L,'L 1997, at /: 3()
o'clock L m. in Courtroom No..PJ... of the Cumberland County
Courthouse in Carlisle, Pennsylvania,
BY THE COURT
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DBlRA J, DAVIS, I IN TUB COURT OF CONNON PLBAB OP
Plaintiff I CUHBBRLAHO COUI'l'1'Y, PBNNSYLVANIA
I
v.. I CIVIL ACTION - LAW
I
DWAYNB B, DAVIS, SR., I 1994- 4461 CIVIL TBRN
Defendant I CUSTODY
CUSTODY
MOTION FOR TOB FINDING Of CONTBHPT
AND NOW COMBS, the Plaintiff, Debra J. Davis, through her
attorney, The Law Offices of Patrick F. Lauer, Jr" Esquire and
respmotfully avers the followingl
1. The Plaintiff is Debra J. Davis, an adult individual
who currently reeidse at 536 Grahame Woods Road, Carliele,
Cumberland Country, Penneylvania 17013.
2, The Defendant ie Dwayne E. Davie, Sr, an adult individual
who currently reeidee at 42 Strayer Lane, Carliele, cumberland
County, Penneylvania 17013.
3, The partiee are the natural parente of BRANDY NICOLE
WINTERS, born Septemher 23, 1984 and DWAYNE EUGENE DAVIS, JR, born
Hay 17, 1988 (hereinafter the "children") I the Plaintiff and the
Defendant entered into a Cuetody Stipulation and Agreement
which wae incorporated into a Court Order September 30, 1994 (See
Exhibit "A").
4. The Plaintiff allegee the Defendant oontinually and
willfully
I regarding
violated the terms and oonditione of the Court Order
Custody of the ohildren by the following aotionsl
A. Defendant has breaohod the Court Order in that he was to
have oustody of the ohildren every other weekend from 6130 Friday
evening until 6130 Sunday evening. The Defendant has willfully
refused to piok-up the ohildren and/or see the ohildren every other
weekend from Friday evening until Sunday evening, The Defendant' s
aotJ.onB have occurred on at lellst forty (40 I to fifty (50 I
occasions since 1994,
8,
Defendant has willfully, intentionally and/or recklesBly
and conditions of the Agreement in
hill two (2) weeks vacation with the
ohildren during the summer vacation months. The Defendant has not
seen the children for one (1) consecutive week in the summer let
alone two (2) consecutive weeks during the summer vacation months,
C. Defendant has willfully, intentionally, negligently
and/or racklessly refused to comply with the terms and conditions
of Paragraph 4 of the Custody Stipulation and Agreement in that he
has not exer.cised or refused to exercise alternate visitation on
New Year's Day, Easter, Memorial Day, 4th of July and Labor Day,
D. Defendant has willfully refused to comply with the terms
and conditions of the Custody Stipulation and Agreement in
accordance with Paragraph 5 in that he has refused to exercise
every Christmas visitation from 9100 AM on Christmas Eve until 9130
PM on Christmas Eve,
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now haa two (2) full time jobl, thole being a full-time job at
Angie'. Reltaurant in Carlille, Cumberland County and Adami
Wholesale, The defendant worke at leut eighty (80) houri per week
and does not have the time or refuses to spend time with hiB
children,
8, Since the date and time of the Custody Stipulation and
Agreement the Defendant has caused materi/ll and signifioant changes
and circumstances in that he has verbally disparaged the Plaintiff
in the presence of the children.
9, Plaintiff alleges the Defendant has called his son a
"mother fucker" and the Defendant thr.eatened hie son that if he did
not leave the house he would be killed.
10. Defendant has intentionally refused to spend time with
hie children.
11, Parties minor daughter, BRANDY NICOLE WINTER, born
September 23, 1984, wishes only to see her Father oocasional1y.
12. Defendant has repeatedly failed to comply with the terms
and conditions of this Agreement and on some occasions would not
even oall on his weekend to have visitation to make the arrangsment
to ae. the children.
I 13, Defendant has failed
I his son on April 21, 1997,
to provide adequate supervieion of
VBRII'ICATIOH
I, Debra Davis-Winters, state that I am the Plaintiff in the
Complaint for Custody, and that the facts set forth in the above
Complaint for Custody are true and correct to the best of my
knowledge, information, and belief, I reali:.!e that false
statements herein are Bubject to the penalties for unBworn
falsification to authoritiea under 18 Pa. c,s. S 4940.
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DIIItA J. DAVIS, I IN THI COURT 0' coSQ..er.
plaintUt I ClUHBIRLAND COl1NTY, PINNSYLVANIA
I
v, I CIVIL ACTION - LAW
I
OWAYNI B, DAVIS, SR., I 1994 - 4461 CIVIL TERM
Detend/lnt I CUSTODY
ORDER OF COURT
M.D NOW, this 30 TJ:: day or .J,,.u... t.._,
, 1994, the
attached stipulation and Agreement. is hereby made an Order ot
court and all prior Orders on this matter ,ar~ ~.~by vacated.
. "
BY THE COURT,
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,TRUE COpy FnOM r-t.1
InTe3t1mOnVWh~r(\or.lh:; ""."1'1 ..,-'.,
and lilt seal 01 :;aId COiJI l'ilL., ../ht.,....
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IN THE COURT or COMMON PLBAS or
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94-4461 CIVIL TERM
IN CUSTODY
DEBRA J, DAVIS,
Plaintiff
DWAYNE E. DAVIS, SR"
Defendant
CUSTODY
a.nE.lJLATION AND AGREEMENT
THIS AGREEMENT AND STIJilULA'l'ION entered into the day and
year hereinatter set torth, by and between Debra J, Davie,
(herainafter referred to a. "Mother") and OWayne E. Davi., Sr.,
(hereinatter reteJ:'red to as "Father"),
WHEREAS, the parties are the natuJ:'al parents of Brandy
Nicole Winters, bOJ:'n september 23, 1984, and owayne Euqena Davis,
Jr" born May 17, 1988 (heJ:'einatter the "children II ), and
, WHEREAS, the parties are presently ssparated and livinq in
separate residences, and
WHEREAS, the parties wish to enter into an agreement
relative to custody and partial custody of the children, and
NOW, THEREFORE, in consideration of. the mutual covenants,
agree as tollowSI
hereinafter' sot forth,
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thu parties
promises and agreements as
-----
1. The parties shall have,shared,or joint legal custody at
',I" .
the children.
2. Mother shall have primary physical custody of the
children.
3. Father shall have temporary or partial physical custody
ot thu children on the toll owing basis:
a. Every other weekend from 6:30 Friday evening until
6130 Sunday evening:
.
.
b. ror two weeks of vacation durinq the .ummer
vacaUon month., .ai12 two week. not to be con.ecutive unle..
otherwh. agr.ed upon by the parU.. and .dd two w.ek. to be
exerci.ed upon 30 day. notice, and
c. At other time. a. the parties may aqr..,
4. The partie. .hall alternate the followinq holidaY.1 New
'lear's Oay, Easter, Memorial Oay, 4th of July and Labor Day.
Father shall hava the children on New 'lear'. Day, 1995, and
alternating thereafter for the period from 9100 a,lII, until 6130
p.III. on each day. Further, in the event one of the holidays .et
forth above ~s a Monday holiday followinq Father's weekend period
of temporary custody as set forth above, Father shall silllply
,
retain physioal oustody of the children throuqh Sunday niqht and
Monday morning until 6:30 p.III. on the holiday.
This holiday
schedule shall supersede the alternatinq weekend schedule.
S. Every Christmas Father shall have the children from 9:00
a.m. on Christmas eve until 9:30 p.m. on Christmas eve and Mother
shall have the children from 9130 p.m. Christmas eve through
Christmas day,
'~. .,. ..~...
---- 6. During each Thank~qivinq ~easpn,the parties will divide
....~' , .,'
the period of school break durinq the Thanksgivinq vacation by
alternating the following periodsl
a. The period from 5100 p.lII. on the last day of .chool
prior to Thanksqivinq until 9:00 p.m. on the Friday after
Thanksqiving, and
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b. The period from 9100 p,m. on the Friday aftar
Thanklqivinq until 5100 p.lII. on'the la.t day of the Ichool break
berore lohool beqin.,
7. The ohildren shall always be with Father durinq Father'a
Day and ahall always be with Mother durinq Mother'. Day tor the
period beqinninq at 9100 a.m. on tho.e r...peotive day. with
Father returninq the children at 6130 p.m, on FAth.r'. Day.
8. The partie. will keep eaoh other advi.ed ilDlDediately in
the event of serious illness or medical elllergenoy concerninq the
ohildren and shall further take any necessary steps to ensure
that the health and well being of the children is protected,
During auch illness or medical emergency, both parties shall have
the right to visit the children as otten as he or she desire.
.' '
oonsistent with the proper medical care of the ohildren,
9. Neither parent shall do anything which may estranqe the
children from the other party, or injure the opinion of the
children as to the other party, or which may hamper the free and
natural development of the children's love or affection for the
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other party.
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10. Any modification or waiver of anr
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this Agreement shall be effective only if
of the provisions of
.
made in writinq and
only if executed with the same formality as this Stipulation and
Agreement.
11. The parties desire that this Stipulation and Agreement
be made an Order of Court to the Court of Common Pleas of
CUmberland county, and further aoknowledge that the Court or
Common Pleas of Cumberland County does, in fact, have
DEBRA J. DAVIS, I IN THE COURT OF COMMON PLEAS OF
plaintitt I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. t CIVIL ACTION - LAW
I 94- 'jlll" I CIVIL TERM
DWAYNE E. DAVIS, SR., I
Defendant I IN CUSTODY
AND NOW, /7 I.Afj ,
attached complaint, it
ORDER Qf COURT
:9 ~ 1"'1'( , upon consideration of the
their respective counsol appear before
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tho parties and
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is hereby directed that
the conciliator, at <;;J ':> - 1\\. \~)th ')t ( !-''''''r't'' on
the 1 ~t~ day of Sf (l t "(" /'/Y 1994 at \ p . JD. ,
tor a Pre-Hearing custody Conference. At such conference, an
effort will be made to resolve the issues 1n dispute, or if this
cannot be accomplished, to define and narrow the issues to be
heard by the court, and to entor into a temporary order. All
children age five or older may also be present at the conferenoe.
Failure to appear at the conference may provide grounds for entry
of a temporary or permanent order.
FOR THE COURT,
Bye ~'Lel./! IJrJ~ {''ex
Custody Conciliator ~~
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.
OFFICE OF THE COURT ADMINISTRATOR
Cumberland county Courthouse
Fourth Floor
Carlisle, PA 17013
(717) 240-6200
PtlBAA J. PAVIS,
plaintiff
v.
PWAYNE E, DAVIS, SR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94- CIVIL TERM
IN CUSTODY
COMPLAINT FOR CUST~
1. Plaintiff is Debra J. Davis, an adult individual
currentl y res id ing at 23 North Middleton Road, Carl isle,
Cumberland County, Pennsylvania.
2. Defendant is Dwayne E. Davis, Sr., an adult individual
currently residing 4 Larken Lane, Mt. Holly springs, Cumberland
county, Pennsylvania.
3. The Plaintiff is the natural father of the children,
Brandy Nicole winters, born September 23, 1984, and Dwayne Eugene
Davis, born May 17, 19881
The child, Brandy N. Winters was born out of wedlock. The
child, Dwayne E. Davis, was not born out of wedlock.
For the past five years, the ohildren have resided with the
following per.sons at the following addresses for the following
periods of time.
t:i.AtlE
Mary Winters
Gerald Winters
Debra J. Davis
Debra J. Davis
Dwayne E. Davis, Sr.
Debra J. Davis
Mary Winters
Gerald Winters
Debra J. Davis
Dwayne E. Davis, Sr.
ADDRESS
23 N. Middl.eton Rd.
Carlisle, PA
1lAn
Feb. 1993 -
Present
4 Larken Lane
Mt. Holly Springs, PA
23 N. Middleton Rd.
Carlisle, PA
Oct. 1992 -
Feb, 1993
Oct. 1991 -
Oct. 1992
336 West Penn st,
Carlisle, PA
1988 -
Oct. 1991
Th. natural mother of the ohildren is Debra J. Davis, who
r..id.. as afore.aid. She is married.
Th. natural father of the ohildren is Dwayne E, Davis, Sr.,
who resides as aforesaid. He is married.
4. The relationship ot the Plaintitt to the ohildren is
that ot natural mother. The Plaintift ourrently resides with her
parents, Mary and Gerald Winters, and her ohildren, Brandy N,
Winters, Dwayne E. Davis, and Shane A. Winters.
5. The relationship of the Defendant to the ohildren is
that ot natural father. The Defendant ourrently resides with a
male roommate whose name is unknown to the Plaintitt.
6. Plaintiff has not partioipated as a party or witness,
or in any other oapaoity in other litigation, concerning custody
ot the children.
7. Plaintiff has no information of a custody proceeding
ooncerning the ohildren pending in any Court of this
Commonwealth.
8. The beat interest and permanent welfare of the children
will be served by granting the relief requested becausel
(a) Mother has been the primary custodian of the
children since their birthl
(b) Mother will provide appropriate contact between
the children and the Defendantl and
(c) Mother is best suited to provide tor the
ohildren's primary care, custody and control.
V,
IlWAYNF F, nAVIS, ~11"
Ill! ffllllhlllt
IN 1'111' COllin 01 COMMON I'IFAS OF
(IIMBl'lll ANIl COI/NTY. I'INNSYIVIINIA
CIVil ACTION. lAW
IlFIII{AJ, nAV I ~;,
PIli III t I rr
NO. 'PHI/lfd C I V I I HIlM
OHOEll 01: COURI'
AND NOW, tlll'\ ,Otll cluy lIf April, 1']'17, tills matter
having been [(llled lids lIute 011 lJ pf1tltl1l11 11Y 1II0UIH!' to IlaId
fother 111 cOlltlllllllt, filld tlll~ IHllt Ins IlfiVln\1 '"Illlclwd un f19reelllent
to resolve tile cOlltelllpt ISSUH, IriS OHIlFRfD:
1, TIHl I'nUllH fi\)IHIlS 111111 Ill' WI I J 1'01 UlflllJy exercise
Ills evelY ot/w,- 1'leHklll1d IWllocj!; of Il!lIIPOlfilY pllyslcol CLJstOfJY
frolll 6:30 Frlrluy t'VPII1!HI 11111111\)11 li:,O SllIlduy t'vellill\! pLJrSLJIIIlt to
paragrapl') ,(0) of IIHJ ClIS10dy o,-df'1 of SeptellltHjI" ,0,1994,
? , Tim f fi Ult! I" Vi j 1 J pick up IJ n d rll! I J. v II r Brim rl yon rI
Dwayne at the molllt'1 's residence, olllJ tile 1II0tl'1f!'- 51'1011 notifY
tile fotller 1 f tllllre Is to IIf' nny clHlngp ill uclrlrl!ss,
3, file petitlol1 of tllf' Iilot./H'I to IIIQdlfy tile existing
custodY order Is referred to 1"0I1c11iutI011.
By ttle COI)-r k,
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Pot.rick F, Lauer, .1r" fSQu!!"p'
For Plolnti ff
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Christopller C, HOI/~t:OI1, ESQljire
For Defendant
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V.
DWAYNE E. DAVIS, SR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DEBRA J. DAVIS.
Plainti ff
NO. 94-41161 CIVIL TERM
ORDER Of COURT
AND NOW, this 30th day of April. 1997, this matter
having been called this dote on a petition by mother to hold
father in contempt, ond the parties having reached an agreement
to resolve the contempt issue. IT IS ORDERED:
1, The father agrees that he will faithfullY exercise
his every other weekend periods of temporary physical custOdY
from 6:30 FridaY evening through 6:30 Sunday evening pursuant to
paragraph 3(0) of the custodY order of September 30, 1994.
2. The father will pick up and deliver Brandy and
Dwayne at the mother's residence, and the mother sholl notifY
the father if there is to be any change in address,
3. The petition of the mother to modify the existing
custodY order is referred to conciliation,
Edgar
.J.
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(Cm 1 Ii o+cr
Patrick F. Lauer. .Jr" Esquire
For Plainti ff
Christopher C. Houston, Esquire
For Defendont