HomeMy WebLinkAbout09-2102AMY MARIE KINNEMAN-BLUNT,
PLAINTIFF
VS.
CHRISTOPHER CHAPIN BLUNT,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO.O --2J6-CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE / CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed
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 marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF 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 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle PA 17013
(717) 249-3166
1-800-990-9108
AMY MARIE KINNEMAN-BLUNT, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. NO. 9 a 44-1-CIVIL TERM
CHRISTOPHER CHAPIN BLUNT,
DEFENDANT
: CIVIL ACTION - LAW
: ACTION FOR DIVORCE / CUSTODY
COMPLAINT FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, AMY MARIE ICHMMAN-BLUNT, by and through
her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and
makes the following consolidated complaint in divorce for divorce and custody.
1. Plaintiff is AMY MARIE KINNEMAN-BLUNT, an adult individual, who
resides at 2722 Walnut Street, Apt. D, Camp Hill, Cumberland County, Pennsylvania, 17011.
The Plaintiff has resided in Cumberland County for over six (6) months.
2. Defendant is CHRISTOPHER CHAPIN BLUNT, an adult individual, who
resides at 292 Teloma Drive, Ventura, California, 93003.
3. Plaintiff has been a bona fide resident in the Commonwealth for at
least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were lawfully married on September 2, 2002.
5. There have been no prior actions of divorce or for annulment between the parties
except this Complaint filed for divorce.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of counseling and of the right to
request that the court require the parties to participate in counseling. Plaintiff has chosen not to
engage in, or to request any counseling.
8. Neither Plaintiff nor Defendant were ever members of the United States Military
Service.
9. Plaintiff and Defendant have two (2) children from their marriage, RILEY
MILES BLUNT, born August 18, 2002 and NICOLA BELLE BLUNT, born on November 6,
2004.
COUNT I - REQUEST FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference
thereto.
11. After ninety (90) days have elapsed from the date of filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may
also file such an affidavit.
WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90)
days have elapsed from the date of filing of this Complaint, Plaintiff, AMY MARIE
KINNEMAN-BLUNT, respectfully requests the court to enter a Decree of Divorce pursuant to
section 3301(c) of the Divorce Code.
COUNT H - REQUEST FOR CONFIRMATION OF CUSTODY
UNDER SECTIONS 3104(a)Q) and 3323(b) OF THE DIVORCE CODE
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference
thereto.
13. The parties are the parents of the following minor children who reside with the
Plaintiff and the Defendant at this time:
NAME AGE SEX DATE OF BIRTH
RILEY MILES BLUNT 6 years Male August 18, 2002
NICOLA BELLE BLUNT 4 years Female November 6, 2004
16. During the past five (5) years the children have resided with the parties and at the
addresses herein indicated:
WITH WHOM
Plaintiff and Defendant
Plaintiff and Defendant
ADDRESS
Ojai, California
Ventura, California
FROM / TO
2002 to 2005
2005 to 2007
Plaintiff and (sometimes)
Defendant
Camp Hill, PA
2007 to Present
17. Plaintiff has not participated in any other litigation concerning the children in this
or any other state.
18. There are no other proceedings pending involving custody of the children in this
or any other state.
19. Plaintiff knows of no person not a party to these proceedings who has physical
custody of the children or who claims to have custody, partial custody or visitation rights with
respect to the children.
20. The best interests of the children will be served if Plaintiff and Defendant have
Shared Legal Custody and Plaintiff has Primary Physical Custody and Defendant has Partial
Physical Custody of their children.
WHEREFORE, Plaintiff, AMY MARIE KINNEMAN-BLUNT, requests this
Honorable Court grant Plaintiff, AMY MARIE KINNEMAN-BLUNT, and Defendant,
CHRISTOPHER CHAPIN BLUNT, Shared Legal Custody of the minor children, RILEY
MILES BLUNT and NICOLA BELLE BLUNT and Plaintiff, AMY MARIE KINNEMAN-
BLUNT, Primary Physical Custody and Defendant, CHRISTOPHER CHAPIN BLUNT,
Partial Physical Custody, of the children, RILEY MILES BLUNT, and NICOLA BELLE
BLUNT, as in the children's best interest.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: April ,2 2009
Counsel for P infiff
PA I.D. #
9$
649
4010 Glenfiace
Mechanicsburg PA 17055
(717) 724-2278
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of his knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities.
DATED: IC?,6 AWL41t--?
AMY MAN-BLUNT
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AMY MARIE KINNEMAN-BLUNT IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTOPHER CHAPIN BLUNT
DEFENDANT
2009-2102 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, April 08, 2009 , upon consideration of the attached. Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, May 07, 2009 at 10:30 A.
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. 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: Is/ Dawn S. Sunda Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or 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
F1`FICE
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2009 ;APR -8 PM 3= 4?
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APR 17 2009 c,
AMY MARIE KINNEMAN-BLUNT IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2009-2102 CIVIL ACTION LAW
CHRISTOPHER CHAPIN BLUNT
Defendant IN CUSTODY
ORDER
AND NOW, this 13th day of April, 2009 , the conciliator, being advised by
Plaintiff s counsel that all custody issues have been resolved by agreement between the parties, hereby
relinquishes jurisdiction. The custody conciliation conference scheduled for May 7, 2009 is cancelled.
FOR THE COURT,
Dawn S. Sunday, Esquire
Custody Conciliator
FILED-Or" lkc
OF RE P't
2M APP 21 f; 10: 15
Cl! 4 r
AMY MARIE KINNEMAN-BLUNT,
PLAINTIFF
vs.
CHRISTOPHER CHAPIN BLUNT,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 2009-2102 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE
AFFIDAVIT OF SERVICE CERTIFIED MAIL
Be it known, that on April 20, 2009, comes, SUSAN KAY CANDIELLO, who states as
follows:
1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania.
2. I represent Amy Marie Kinneman-Blunt, Plaintiff in the above-captioned matter.
3. On April 13, 2009, a true and correct copy of the Complaint for No-Fault Divorce
Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal
Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery,
return receipt requested, Article No. 7008 3230 0002 2511 7072, and addressed to the Defendant,
Christopher Chapin Blunt, 292 Teloma Drive, Ventura, California, 93003.
4. The return receipt card signed by the Defendant, Christopher Chapin Blunt,
showing a date of service of April 16, 2009, is attached hereto as Exhibit "A".
5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and
Pa.R.C.P. 403.
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OF THE F7T7f,-!'-NTAPY
2009 APR 22 P14, 3: 13
AMY MARIE KINNEMAN-BLUNT,
PLAINTIFF
VS.
CHRISTOPHER CHAPIN BLUNT,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 2009-2102 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR CUSTODY
STIPULATION FOR AGREED ORDER OF CUSTODY
The Plaintiff (hereinafter sometimes referred to as "Mother") is AMY MARIE
KINNEMAN-BLUNT, who currently resides at 2722 Walnut Street, Apt D, Camp Hill,
Cumberland County, Pennsylvania, 17011.
The Defendant (hereinafter sometimes referred to as "Father") is CHRISTOPHER
CHAPIN BLUNT, who currently resides at 292 Teloma Drive, Ventura, California, 93003.
RILEY MILES BLUNT (hereinafter sometimes referred to as "Riley"), born on August
18, 2002, and NICOLA BELLE BLUNT (hereinafter sometimes referred to as "Nicola"), born
on November 6, 2004, are the subjects of this Stipulation for Agreed Order of Custody.
It is Plaintiff and Defendant's belief that it is in the best interests of their minor children
to have a meaningful ongoing relationship with both their natural Mother and natural Father,
provided the children are in a safe environment.
WHEREFORE, Plaintiff, AMY MARIE KINNEMAN-BLUNT, and Defendant,
CHRISTOPHER CHAPIN BLUNT, have entered into a mutual agreement regarding the
custody of their children and respectfully request this Honorable Court to enter the following
Order:
1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section
5302) of their minor children, RILEY MILES BLUNT and NICOLA BELLE BLUNT.
2. All decisions affecting their children's growth and development including, but not
limited to: choice of camp, if any; choice of day care provider; medical and dental treatment;
psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential
litigation involving their children, directly or as beneficiary, other than custody litigation;
education, both secular and religious; scholastic athletic pursuits and other extracurricular
activities shall be considered major decisions and shall be made by Father and Mother, jointly,
after discussion and consultation with each other and with a view towards obtaining and
following a harmonious policy in their children's best interest.
3. Mother and Father agree to keep the other informed of the progress of their children's
education and social adjustments. Mother and Father agree to communicate with each other and
not to use the children to avoid communication with the other parent. Mother and Father agree
not to impair the other's right to shared legal or physical custody of their children. Mother and
Father agree to give support to the other in the role as parent and to take into account the
consensus of the other for the physical and emotional well-being of their children.
4. While in the presence of their children, neither Mother nor Father shall make, or
permit any other person to make, any remarks or do anything which could in any way be
construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of
each parent to uphold the other parent as one whom their children should respect and love.
5. It shall be the obligation of each parent to make their children available to the other
in accordance with the physical custody schedule and to encourage their children to participate in
the plan hereby agreed and ordered.
2
6. Each parent shall have the duty to notify the other of any event or activity that could
reasonably be expected to be of significant concern to the other parent.
7. With regard to any emergency decisions which must be made, the parent with whom
the children are physically residing at the time shall be permitted to make the decision
necessitated by the emergency without consulting the other parent in advance. However, that
parent shall inform the other of the emergency and consult with him or her as soon as possible.
Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical
custody at the time.
8. Mother and Father shall be entitled to complete and full information from any doctor,
dentist, teacher or authority and have copies of any reports given to them as a parent. Such
documents include, but are not limited to, medical reports, academic and school report cards,
birth certificates, etc. Both parents may and are encouraged to attend school conferences and
activities. Both parents' names shall be listed with the school their children attend as parents to
be contacted in the event of an emergency, and to be notified regarding school events. Each
party shall provide the other, promptly after receipt, with copies of report cards and notification
of major school events
9. Neither Mother nor Father shall schedule activities or appointments for their children
which would require their attendance or participation at said activity or appointment during a
time when their children are scheduled to be in the physical custody of the other parent without
that parent's express prior approval.
10. The parties have agreed while Mother resides in Pennsylvania, Mother Shall have
Primary Physical Custody and Father Shall have Partial Physical Custody of their minor
3
children, Riley Miles Blunt and Nicola Belle Blunt. When Mother returns to California the
parties will continue to follow this custody visitation schedule. While in Pennsylvania the
parties' visitation shall occur according to the following schedule:
A. During the time Mother is in Pennsylvania the children shall be
primarily with Mother at her residence. Father may visit Pennsylvania as he is
able. When Father is able to visit, he may stay at Mother's residence with the
children. During these times, Mother will stay with a friend or with family to
allow Father to have private time with the children;
B. When Mother moves to California, July 1, 2009, the children shall be
primarily with Mother at her residence. Father shall have every other weekend
beginning Friday at 8:00 a.m. through Tuesday at 8:00 a.m. Father shall have
Monday after school through Tuesday at 8:00 a.m. on the Monday following
Mother's weekend;
C. The parties shall alternate the following holidays. Father shall have
the odd numbered holidays in the odd numbered years and the even numbered
holidays in the even numbered years. Mother shall have the even numbered
holidays in the odd numbered years and the odd numbered holidays in the even
numbered years;
1) New Year's Eve and Day (to be determined by the year of New Year's
Eve;
2) Martin Luther King's Birthday;
3) Valentine's Day;
4
4) President's Day;
5) Memorial Day;
6) Easter;
7) Independence Day;
8) Labor Day;
9) Halloween;
10) Thanksgiving Day;
11) Riley's Birthday;
12) Nicola's Birthday;
D. Father and Mother shall share Christmas. Christmas shall be
divided into two (2) sections, A and B. In the odd numbered years
Father shall have Section A and Section B in the even numbered
years. In the even numbered years Mother shall have Section A
and Section B in the odd numbered years.
Section A. 1:00 p.m. Christmas Eve Day through
Christmas Day at 1:00 p.m;
Section B. 1:00 p.m. Christmas Day through December
26'' at 8:00 p.m;
E. Father shall have the children on Father's Day and Mother shall
have the children on Mother's Day. If this day does not fall on the
parent's weekend their day shall begin at 8:00 a.m. through 8:00
p.m;
s
E. If the parent with custody of the children is not able to care for the
children during their custodial period, that parent shall contact the other parent to
offer them custody of the children before that parent obtains other child care for
the children.
F. Mother and Father shall each have the option of requesting one to two
(1-2) consecutive weeks of vacation during the year with their children, providing
a minimum of sixty (60) days' notice of the time requested is given to the other
party. The parent taking the children on vacation shall provide other parent with a
location(s) where the children will be and a telephone number to contact the
children;
G. The parties are encouraged to discuss and cooperate with each other
when sharing and making requests for changes in periods of visitation. All
permanent changes in periods of custody from those contained in this custody
agreement shall be made in writing and signed by both parties;
H. All holidays, vacations, and specially designated times for visitation
with their children shall supersede the regularly scheduled visitation.
11. The custodial parent shall allow the children liberal communication with the non-
custodial parent, whether by telephone or email.
12. Mother and Father shall work together to have a "date" night each week, or as their
schedules allow. "Date" night shall entail each parent having one (1) of their children to provide
individual time with one (1) of their children. Mother and Father shall alternate their children on
successive date nights. Date night shall begin after school or day care and end at 8:00 p.m.
6
13. Mother and Father agree to be responsible for any ordinary everyday expenses which
occur during their individual custody periods with their children.
14. During any period of custody or visitation, the parents shall not possess or use
controlled substances or consume alcoholic beverages to the point of intoxication. The
parties shall likewise assure, to the extent possible, that other household members and/or
houseguests comply with this prohibition.
15. Neither party will smoke cigarettes or tobacco products nor allow others to
smoke in the presence of the children.
16. The parent with physical custody of their children agrees to keep the other parent
fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which
their children have become involved.
17. Mother and Father agree to provide each other with current information regarding
their children. Mother and Father also agree to have each other listed as an emergency contact
with any adult and/or agency their children interact with.
18. Mother and Father agree to share transportation equally. When exchanges must
occur at the parents residences, Mother shall take the children to Father at the beginning of his
period of custody and Father shall return the children to Mother's residence at the end of his
period of custody. Mother and Father must always transport the children in appropriate and safe
child car seats.
19. Mother and Father agree to provide each other with written notice of their intent to
relocate a minimum of ninety (90) days prior to their move.
05/04/2009 09:43 FAX 8056441788 OJAI SOLAR, INC x]001
20. if the parties disagree and/or are unable to reach a joint decision regarding their
children, they agree to utilize either Counseling or Mediation to assist them to reach a resolution
before resorting to seeking a resolution through the court systa n,
21. Mother and Father shall be fm to mutually agree to alter and/or change the terms of
this agreement. If the alteration and/or agreement is permw=t and/or a changer which will occur
on numerous occasions, the parties agree the alteration and/or change shall be in writing
and signed by both parents.
WTINESS
WITNESS
jl? ]KCARIE ICINNEMA - LUNT
wvw-t
CHRISTOPHER CHAPIN BLUNT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS:
On this, the L day of May, 2009, before me, a Notary Public, the undersigned officer,
personally appeared SUSAN KAY CANIDEU10, known to me (or satisfactorily proven) to be
a member of the bar of the highest court of said State and a subscribing witness to the within
instrument, and certified that she was personally present wham AMY MARIE KINNEMAN-
BLUNT, whose name are subscribed to the within Stlpuletion for Custody, executed the same,
and that said parson acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS VNHFXOF, I hereunto set my hand and official Sea
Notary 110M?1! 1MAL PAd I/
A Pdlft WM My Commission Expires:
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My COWW"I" htpMN hb 1 S. t8l 2
05/04/2009 09:45 FAX 8056441788 OJAI SOLAR, INC 1jh003
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of \ "ea,
--
On 2400 before me,
Dana .. -
personally appeared 5Pu l pp plle
Place Wof" Seal Above
- Cotflrornlo
who proved to me on the basis of satisfactory evidence to
be the personr4 whose nameK islqWsubscribed to the
within instrument and acknowledged to me that
he/~executed the same in hislge &A0r authorized
capacity(!W, and that by hisry~ signatureA on the
instrument the persono, or the entity upon behalf of
which the persor%Al acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS hand off'
Signature
a l4otery P?61ic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent haudulent removal and reattachment of this form to another document
Title or Type of Document: f\ A-VV- pF trI?s
Document Date:.. *tA? Z Number of Pages:
Signer(s) Other Than Named Above: ?W'4{ t??IP?I
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Description of Attached Document
Capecity(ies) Claimed by Signer(s)
Signer's Name:
? Individual
? Corporate Officer - Title(s): -
? Partner - ? Limited ? General
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing:
7 Top of thumb here
Signer's Name:
? Individual
? Corporate Officer - Title(s):
? Partner - ? Limited ? General
? Attorney in Fact
? Trustee Top of thumb here
? Guardian or Conservator
? Other:
Signer Is Representing:
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AMY MARIE KINNEMAN-BLUNT,
PLAINTIFF
VS.
CHRISTOPHER CHAPIN BLUNT,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 2009-2102 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR CUSTODY
ORDER OF COURT
AND NOW, this 1 day of Im , 2009, upon consideration of the
attached Stipulation for Agreed Order of Custody, Plaintiff, AMY MARIE KINNEMAN-
BLUNT, and Defendant, CHRISTOPHER CHAPIN BLUNT, shall SHARE LEGAL
CUSTODY and Plaintiff, AMY MARIE KINNEMAN-BLUNT, shall have PRIMARY
PHYSICAL CUSTODY and Defendant, CHRISTOPHER CHAPIN BLUNT shall have
PARTIAL PHYSICAL CUSTODY of their minor children, RILEY MILES BLUNT and
NICOLA BELLE BLUNT, in accordance with the language contained in the, within Stipulation.
BY TIDE COURT,
J.
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