HomeMy WebLinkAbout10-186720(0 Ali' 16
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RICHARD O. DAYTON, JR., c??= ) IN THE COURT OF COMMON
Plaintiff ""'NT Y PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
VS. ) CIVIL ACTION - LAW
NO. 16i- 1117 147-/
NICOLE FARABAUGH, )
Defendant ) IN CUSTODY
COMPLAINT IN CUSTODY
AND NOW comes the Plaintiff, RICHARD O. DAYTON, JR., by his attorney, Samuel
L. Andes, and makes the following Complaint for Custody:
1. The Plaintiff is RICHARD O. DAYTON, JR., an adult individual who resides at 1128
Highland Drive in Mechanicsburg, York County, Pennsylvania.
2. The Defendant is NICOLE FARABAUGH, an adult individual who resides at 25 Old
Trail Road in York Haven, York County, Pennsylvania.
3. The Plaintiff and Defendant are the parents of one minor child, Brittany Marie
Dayton, now age 11, born 30 July 1998.
4. Plaintiff desires this court enter an order awarding the parties shared legal custody of
the child and Plaintiff primary physical custody of the child.
5. The child was born out of wedlock and at the time of this Complaint, the child current
resides with Plaintiff.
6. During the past five years, the child has resided at the following addresses with the
following parties:
December 2004 to present 1128 Highland Drive Plaintiff only
Mechanicsburg, PA
# 4/7-,i, a A0
a3 & 573
7. The father of the child is the Plaintiff who resides at the address set out above.
8. The mother of the child is the Defendant who resides at the address set out above.
9. The Plaintiff is the natural father of the child. Plaintiff currently resides with the child
at the address listed above.
10. The Defendant is the natural mother of the child.
11. The Plaintiff has not participated as a party or in any other way in any litigation
concerning the custody of the child in this or any other court.
The Plaintiff has no information of a custody proceeding concerning the child pending in
a court of this or any other jurisdiction.
Plaintiff knows of no other person not a party to this action already who has physical
custody of or claims to have custody or visitation rights to the said child.
12. The best interests and permanent welfare of the child will be served by granting the
relief requested by Plaintiff for the following reasons:
A. The child has lived with Plaintiff for more than five years;
B. The child has developed a close bond with Plaintiff and is dependent
upon Plaintiff to provide for her physical, emotional, and personal needs; and
C. Plaintiff is in a better position to provide for the child's needs and to
give her the stable home that she must have.
13. 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.
WHEREFORE, Plaintiff prays this court to award the parties shared legal custody of
their minor child, Brittany Marie Dayton, and to award him primary physical custody of the
child.
Samuel L. An es
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 1211 Street
P.O. Box 168
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I understand that
any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn
falsification to authorities).
Date: 3S 6
RICHARD O. DA N,
MAY 1.12010
RICHARD O. DAYTON, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v, No. 10-1867 CIVIL ACTION LAW
NICOLE FARABAUGH, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this ~~~ day of May 2010, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
Leal Custody: The Father, Richard O. Dayton, Jr., and the Mother, Nicole Farabaugh, shall
have shared legal custody of Brittany Marie Dayton, born 07/30/1998. The parties shall have
an equal right to make all major non-emergency decisions affecting the Child's general well-
being including, but not limited to, all decisions regarding her health, education and religion.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, medical, dental, religious or
school records, the residence address of the Child and of the other parent. To the extent one
parent has possession of any such records or information, that parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's
partial physical custody as the parties may agree.
3. The non-custodial parent shall have liberal telephone/text/email contact with the Child on a
reasonable basis.
4. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon.
5. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
6. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
7. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
By the Court,
"\
J.
D' tribution:
,/~ uel Andes, Esquire
icole Farabaugh, 2550 Trail Rd., #18, York Haven, PA 17370
~hn J. Mangan, Esquire
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RICHARD O. DAYTON, JR.,
Plaintiff
v.
NICOLE FARABAUGH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10-1867 CNIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Brittany Marie Dayton 07/30/1998 Primary Father
2. A Conciliation Conference was held with regard to this matter on May O5, 2010 with
the following individuals in attendance:
The Mother, Nicole Farabaugh, self-represented party
The Father, Richard O. Dayton, Jr., with his counsel, Samuel Andes, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
l ~C~
Date John an, Esquire
Cust dy onciliator