HomeMy WebLinkAbout94-01214
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TROY L. ADAMS,
I N TIlE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
Defendant
CIVIL ACTION - LAW
NO,/J.JY CIVIL 1994
CUSTODY
v,
BRANDY FELTON,
AND NOW,
pROF.R OF COURT
this Jl1."~ay of Murch, 1994, u(Xln considerution of the attached
complaint, it is hereby directed thut the parties and their respective counsel
appear before Hubclt x, a;116Y, Esq,/SllmueI L. Andes, Esq. on the ~1,", day
of Arrd, 1994, at --Le-,m., on tho. Itk Fluu, uf tl.(. eHlllherlaR'I ('n"oty
CQythsllr:lc/at the law offices of Andes, Vaughn & Bangs, 525 North 12th Street,
Lemoyne, Cumberland County, Ptmnsylvania, for a Pre-lIearing Custody Conference.
At such conference, an effort will he made to resolve the issues in dispute; or
if this cannot he accomplished, to define and narrow the issues to be heard by
the court, and to enter into a tem(Xlrary order, Fa i I ure to appear at the
conference may provide grounds for entry of a tem(Xlrary or permanent order.
For the Court,
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Hubert X, Gilroy, Esq. ~/7
Samuel L. Andes, Esq.
Custody Conci I iator
YOU SIlOULD TAKE 1lfIS PAPER TO YOUR LAWYh'R AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD (JNg, GO TO OR TELEPlIONE TIlE OFFICE SET FOR111 BELOW TO
FIND our WHERE YOU CAN GET L1-x3Al, IIELP.
COURT ADMINISTRATOR, 4T11 Fl.ooR
CUMBERLAND COUNTY COURTHOUSE
CARLl SLE, PENNSYL VAN I A I 70 1J
'I'm ,EPHONE: ( 7 I 7) 240-6200
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TROY L. ADAMS,
IN TIlE COURT OF COMMON PLEAS
Plaintiff
v.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO./J./L/ CIVIL 1994
BRANDY O. FELTON,
Defendnnt
CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is Troy L. Adams, residing at 5211 East Trindle Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The defendant is Brandy O. Felton, residing at 4822 East Trindle
Road, Mechanicsburg, Cumberlnnd County, Pennsylvnnia, 17055.
3. The plaintiff seeks custody of the following child:
NIlIIIC
Present Address
l\&!l
Zachary Allen Adams
4822 East Trindle Rand
Mechanicsburg, PA
10 months old
D.O.B. April 30, 1993
The child was born out of wedlock.
The chi Id is present Iy in the custody of Brandy O. Fel ton, who
resides at 4822 Enst Trindle Rond, Mechanicsburg, CUmberland County,
Pennsylvania.
During the chi Id' s life he hns res ided wi th the following persons and
nt the following addresses:
Name
Address
~
Plllintiff and defendant
400 West Crestwood Dr.
Camp IIi 11. PA
From April 30, 1993
to late June, 1993
Defendnnt nnd her
parents, Rod and Deb Felton
20 Mill Dr i ve
Di Ilsburg, PA
From Inte June, 1993
to late July, 1993
Defendant, her boyfriend,
Chris Lenll/lrt, his parents,
George nnd Judy Lenhart.
nnd their daughter, Jennifer Lenhart
4822 East Trindle Road
Mechnnicsburg, PA
From late July, 1993
to the present
The mother of the .:hild is Brandy O. Felton, currently residing at 4822
East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania.
She is single.
The father of the child is Troy L. Adams, currently residing at 5211 East
Trindle Road, ~Iechanicsburg, Cumberland County, Pennsylvania.
He is single.
4. The relationship of the plaintiff to the child is that of father.
The plaintiff currently resides with the following persons:
NIUIIC
Relationship
Terry and Joan Adams
Heather Adams
his parents
his sister
5. The relationship of the defendant to the child is that of mother.
The defendant currently resides with the following persons:
N/1IIC
Relationship
Zachary Allen Adams
Chris Lenhart
George and Judy Lenhart
Jenni fer Lenhart
her son
her boyfriend
her boyfriend's parents
her boyfriend's sister
6. The plaintiff has not participated as a party or witness, or in
another capaci ty, in other lit igat ion concerning the custody of the chi Id in this
or another court.
7. The plllint i ff has no informllt ion of a custody proceeding concerning
the chi Id pending in a court of this Commonweal tho
8. The plaint i ff docs not know of II person not a party to the
proceedings who has physical custody of the chi Id or claims to have custody or
visitlltion rights with respect to the child.
9. The hest interest and permanent welfnre of the chi Id wi II be served
by grant ing the re I ief requested beclluse the plaint iff is capable and respens ible
and can provide for the emotionalllml physical needs of the child.
10. 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. the plaintiff requests this Court to grant primary physical
custody/partial custody of child to the plaintiff.
Respectfully submitted,
LOOAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
J
The above-named plaintiff, Troy L. Adams, verifies that the statements made
in the above Complaint are true and correct. The plaintiff understands that
false statements herein are made subject to the penalties of 18 Pa. C.S. 6 4904
relating to unsworn falsification to authorities.
Date: J..- " - C; y
1il:- f~
Troy . Adams, Plaintiff
TROY L. ADAMS,
IN TIlE COURT OF COMMON PLEAS
Plaintiff
CUMlJERI.AND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
BRANDY FELTON,
NO. /J ILl CIVIL 1994
Defendant
CUSTODY
~IPF. TO PROCIlF.D IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Troy L. Adams, to proceed in forma pauperis.
1, Joan Carey, attorney for the party proceeding in forma pauperis, certify
that I believe the party is unable to pay the costs and that I am providing free
legal services to the party. The party's affidavit showing inability to pay the
costs of I itigation is attached hereto.
/
LIDA1. SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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TROY L. ADAMS,
IN THE COURT OF COIoM>N PLEAS
Plaint iff
Defendant
CUMlJERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. /J..JI/ CIVIL 1994
CUSTODY
v.
BRANDY 0 . FELTON,
AFFIDAVIT IN SUPPORT OF PETITION
FOR I.EAVE TO PROCEED IN FORMA PAUPERIS
1. 1 am the plaintiff in the above matter and because of my financial
condi t ion am unable to pay the fees and costs of prosecut ing, defending, or
appealing the action or proceeding.
2. I am unable to obtain funds from anyone, inCluding my family and
associates, to pay the costs of litigation.
3. I represent that the information below relating to my inability to
pay the fees and costs is true and correct.
a) Name: Troy L. Adams
Address: 5211 East Trindle Road, Mechanicsburg, PA
Socilll Security Number: 181-64-1188
b) If you are presently employed, state
Employer: Fairview Retirement Community
Address: 780 Wexmland Avenue, Lewisberry, PA
Salary/wllges per month: $361.00/mo. (16 hrs/wk.x $5.20)
Type of work: Dietary aide (current Iy restricted from
work by physician due to back injury)
If you are presently unemployed, stllte
Date of last employment: N/A
Salary/wages per month:
Type of work:
c)
Other income within the pllst twelve months
Business/profession: N/A
Other self-employment: N/A
Interest: N/A
Dividends: N/A
Pension and annuities: N/A
Social security henefits: N/A
Support 1>llyments: N/A
Disllbility pllyments: N/A
Unemp I oymen t compcnsa t i on and
hencfi ts: N/t\
supplemental
Worker's Compensation: N/A
Public Assistllnce: N/A
Other: N/A
d) Other contributions to ho~sehold support
Wi f e/llusband Name: N/ A
If wife/husband is employed, state
Employer:
Address:
Salary/wages per month:
Type of work:
Contributions from child(ren):
e) Property owned
Cash: $10.00
Checking Account: $12.00
Savings Account: N/A
Certificates of Deposit: N/A
Real Estate (including home): N/A
Motor vehicle: Make: Honda Model: Accord Year: 1983
Cost: $3,300 Amount owed: paid
Stocks/bonds: N/A
Other: N/A
f) Debts and obligations
Mortgage: N/A
Ren t: $900
Loans: N/A
Monthly expenses: PP&L - $325; Bell Atlantic Telephone -
$200; Taxes - $133
g) Persons dependent upon you for support
Wife/husband Name: N/A
Child: Zachary L. Adams
10 months old
4. I understand that I have a continuing obligation to inform the court
of improvement in my financial circumstances which would permit me to pay the
costs incurred herein.
5. I verify that the statements made in this affidavit are true and
correct. I understand that flllse statements herein are made subject to the
penalties of 18 Pa. C.S. 6 4904, relating to unsworn falsification to
authori ties.
Date:.?--/(P - ClJ'-f
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TROY L. ADAMS,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 1214 CIVIL TERM
BRANDY O. FELTON,
Defendant
CUSTODY
CERTIFICATE OF SERVICE
I, Thomas M. Kulz, counsel for the defendant, Brandy O. Felton, accept service of the
Order of Court ancl Complaint in Custody in the above-captioned action on behalf of the
defendant, and certify that I am authorized to do so.
Frankeberger Place
219 East Main Street
Mechanicsburg, PA 17055
(717) 795-9277
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APR 261994
c)Jv
TROY L. ADAMS, ) IN THE COURT OP COKHON
Plaintiff ) PLEAS OP CUMBERLAND
) COUNTY, PENNSYLVANIA
vs. )
) NO. 94-1214 CIVIL
BRANDY PELTON, )
Defendant ) CUSTODY
ORDER
AND NOW, this 2. (. tl. day of
IIp(:(
, 1994, upon receipt of the
conciliator's report, it appearing that the parties have agreed upon the terms of this
order, which was dictated in their presence and approved by them and their counsel, we
hereby order and decree as follows:
1. Primary physical and legal custody of the minor child, Zachary Allen Adams,
II born April 30, 1993, is hereby confirmed in his mother, the Defendant, Brandy Pelton.
2. Pending further order of this court, the father of the child, the Plaintiff,
Troy L. Adams, shall have visitation with and partial custody of the child as follows:
A. Every Tuesday, commencing on Tuesday, April 26, 1994, and continuing
through Tuesday, Hay 24, 1994, from 9:00 a.m. until 12:00 noon.
B. Thereafter, every Tuesday, commencing on Hay 31, 1994, and
continuing through the next conference before the conciliator, from 8:30 a.m.
until 1:00 p.m,
C. Prom 10:00 a.m. until 1:00 p.m. on Saturday, April 30, 1994, to
celebrate the child's birthday.
D. The periods of partial custody shall take place at the father's home
,
on Trindle Road in Hechanicsburg in the personal presence of Diane Nelson or
Ruby Nelson (or, in the mother's presence for the period scheduled on April
30. 1994).
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APR 27
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3. This is a temporary order only and is intended to address the concerns of the
mother about the father's experience and ability to handle the child alone. We
anticipate that the parties will make progress in addressing these concerns so that the
father's time with the child can be expanded and so that, in the foreseeable future,
his periods of time with the child will be without supervision by any other adult. In
that regard, the parties are directed to appear before the conciliator, Samuel L.
Andes, for another conference in this matter on Tuesday, the 19th day of July, 1994, at
1:00 o'clock p.m.
By the Court,
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Legal Services, Inc. - ~ 1T ~~'I' -
Attorney for Plaintiff U d"
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Thomas H. Kutz, Esquire _
Attorney for Defendant
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TROY L. ADAHS, ) IN THB COURT OF COHHON
Plaintiff ) PLEAS OP CUHBBRLAND
) COUNTY, PENNSYLVANIA
vs. )
) NO. 94-1214 CIVIL
BRANDY FBLTON, )
Defendant ) CUSTODY
JUDGB PRBVIOUSLY ASSIGNBD: None
CONCILIATOR CONl'BRBNCB BIlHHARY REPORT
IN ACCORDANCB WITH CUHBERLAND COUNTY RULB OP CIVIL PROCBDURB 19l5.3-8(b), the
undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the sUbject of this
litigation is as follows:
NAHB
BIRTHDATB
CURRBNTLY IN
CUSTODY OF
Zachary Allen Adams
30 April 1993
Defendant/Hother
2. A Conciliation Conference was held on 20 April 1994 and the following
individuals were present: the Plaintiff and his attorney, Legal Services, Inc.; the
Defendant and her attorney, Thomas H. Kutz, Esquire.
3. The father, and members of his immediate family, have a psychiatric history
which concerns the mother about their ability to care for the child. She is
particularly worried about the father's temper and his frustration in handling the
child. The parties were able to formulate a schedule which gave the father access to
the child under carefully controlled circumstances which, hopefully, will demonstrate
to the mother that the father is able to care for the child properly.
4. I have set up the order so that the parties will return for further
conciliation, hopefully to expand the father's time with the child and to eliminate the
supervision, rather than proceed to a hearing.
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5. With the entry of the enclosed order, no further action is necessary by the
Court at this tiae.
25 April 1994
~.i2 w4 'k
Sa.u L. Andes
CUstody Conciliator
TROY L. ADAHS,
Plaintiff
)
)
)
)
)
)
)
IN THB COURT OP COHHON
PLBAS OP CUHBERLAND
COUNTY, PBNNSYLVANIA
NO. 94-1214 CIVIL
CUSTODY
vs.
;1
':
BRANDY PBLTON,
Defendant
"
il
"
ORDER
AND NOW, this
day of
, 1994, upon receipt of the
conciliator's report, it appearing that the parties have agreed upon the terms of this
order. which was dictated in their presence and approved by them and their counsel, we
hereby order and decree as follows:
1. Primary physical and legal custody of the minor child, Zachary Allen Adams.
born April 30, 1993, is hereby confirmed in his mother, the Defendant, Brandy Pelton.
,
!
2. Pending further order of this court, the father of the child, the Plaintiff.
Troy L. Adams, shall have visitation with and partial custody of the child as follows:
A. Bvery Tuesday, commencing on Tuesday, ~pril 26, 1994, and continuing
through Tuesday, Hay 24, 1994, from 9:00 a.m. until 12:00 noon.
B. Thereafter. every Tuesday. commencing on Hay 31, 1994, and
continuing through the next conference before the conciliator, from 8:30 a.m.
until 1:00 p.m.
C. Prom 10:00 a.m. until 1:00 p.m. on Saturday, April 30, 1994, to
celebrate the child's birthday.
D. The periods of partial custody shall take place at the father's home
on Trindle Road in Hechanicsburg in the personal presence of Diane Nelson or
Ruby Nelson (or. in the mother's presence for the period scheduled on April
30. 1994).
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'\ mother about the father's experience and ability to handle the child alone.
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This is a temporary order only and is intended to address the concerns of the
We
anticipate that the parties will make progress in addressing these concerns so that the
father's time with the child can be expanded and so that, in the foreseeable future,
his periods of time with the child will be without supervision by any other adult.
that regard, the parties are directed to appear before the conciliator, Samuel L.
Andes, for another conference in this matter on Tuesday, the 19th day of July, 1994, at
i' 1:00 o'clock p...
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By the Court,
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" Legal Services, Inc.
i Attorney for plaintiff
Thomas H. Kutz, Esquire
! Attorney for Defendant
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APR 26 19D!1
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JUL 22 1994 d1v
TROY L. ADAMS, ) IN THB COURT OF COMMON
Plaintiff ) PLBAS OF CUMBBRLAND
) COUNTY, PBNNSYLVANIA
vs. )
) NO. 94-1214 CIVIL TBRM
BRANDY FBLTON, )
Defendant ) CUSTODY
ORDRR OF COURT
AND NOW this 2.5 tI, day of
'a'..l,
the
, 1994. a hearing is hereby scheduled in
above matter to be held in Court Room No. ~ of the Cumberland County Court House
in Carlisle. Pennsylvania, commencing at 9: 00 o'clock 4,.m.. on 4..J .lJ AI~ .;v/"'(j- I
S/~ .IZ"JonAr-
the day of . 1994.
Counsel for each of the parties is directed to file with the Court and serve upon
opposing counsel, at least twenty (20) days prior to the date of the hearing, a list of
witnesses they intend to call at the hearing. which list shall include the name,
address, daytime and home phone number of the witness, and a general summary of the
nature of the witness's testimony.
By the Court,
Legal Services, Inc.
Attorney for Plaintiff
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Thomas M. Kutz, Bsquire
Attorney for Defendant
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CUMBERLAnD CCUHlY
P[HH~YlVAHIA
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TROY L. ADAMS, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vs. )
) NO. 94-1214 CIVIL TERM
BRANDY FELTON, )
Defendant ) CUSTODY
JUDGE PREVIOUSLY ASSIGNP.D: The Honorable J. Wesley Oler, Jr.
CONCILIATOR CONFBRHNCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-8(b), the
undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the SUbject of this
litigation is as follows:
NAME
CURRENTLY IN
CUSTODY OF
BIRTHDATE
Zachary Allen Adams
30 April 1993
Defendant/Mother
2. I met with these people in April of this year in an effort to conciliate an
order. The problem at that time was that the mother would not agree to allow the
father to have the child for overnight visits. The parties agreed to try a period of
I three months of gradual introduction to a regular schedule. Pursuant to that
'I
I agreement, we met again at a conference on 19 July 1994. The same parties were
!present.
I
3. The mother continues to oppose allowing the father to have the child with him
overnight. She claims that the father is unable to properly care for the child.
However, the only specifics she could provide to me were complaints that he did not
feed the child SUfficiently or change his diaper frequently enough during the periods
of time that he had the child. For instance, she complained that the child would spend
1
.
three or four hours with the father and only have his diaper changed two times and that
the child would only eat four ounces of food during a three hour visit. Frankly,
although the mother finds though to be surprising statistics, they are not surprising
to me based upon my experience in raising children. Basically, I see nothing of a
factual basis to support the mother's concerns.
4. The father lives in a two bedroom townhouse with his parents and his 24 year
old sister. The sister is employed in a responsible job and she is the one who has
been providing the "supervision" for the father's visits with the child under the
present order. Obviously she would represent an im~ortant witness who could tell us
something about the father's competence to have the child overnight.
5. I perceive this case as one in which the mother's fears are extreme but are
not supported by facts sufficient to deny the father overnight time with his child.
Unfortunately, I could not persuade the mother that she should relent in her position.
As a result, a hearing will be necessary.
6. I have prepared an order scheduling a hearing and requiring an exchange of
witness lists. The factual contentions are fairly simple and the hearing should not
take any more than one-half day. However, because of the anxiety of the mother, and
the likelihood that she will want to produce witnesses to support her claims, it may be
I wise
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to allow a full day for such a hearing.
~~
amuel L. Andes
Custody Conciliator
21 July 1994
2
liTROY
!
L. ADAHS,
plaintiff
)
)
)
)
)
)
)
IN THE COURT OP COMMON
PLEAS OP CUHBBRLAND
COUNTY, PENNSYLVANIA
NO. 94-1214 CIVIL TERM
CUSTODY
I vs.
I BRANDY PBLTON,
Defendant
ORDER OP COURT
I
: the
, 1994, a hearing is hereby scheduled in
AND NOW this
day of
above matter to be held in Court Room No.
of the Cumberland County Court House
in Carlisle, Pennsylvania, commencing at
o'clock _.m., on
I
lithe
day of
, 1994.
I' Counsel for each of the parties is directed to file with the Court and serve upon
,'opposing counsel, at least twenty (20) days prior to the date of the hearing, a list of
. witnesses they intend to call at the hearing, which list shall include the name,
address, daytime and home phone number of the witness, and a general summary of the
. nature of the witness's testimony.
By the Court,
J.
Legal Services, Inc.
Attorney for Plaintiff
Thomas H. Kutz, Esquire
Attorney for Defendant
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TROY L. ADAMS, 1 IN THE COURT OF COMMON PLEAS OF
Plaintiff 1 CUMBERLAND COUNTY, PENNSYLVANIA
1
v. : CIVIL ACTION - LAW
.
.
BRANDY FELTON, .
.
Defendant . 94-1214 CIVIL TERM
.
ORDER OF COURT
AND NOW, this t.f ~ day of August, 1994, upon agreement of
counsel, the hearing previously scheduled in this matter for August
31, 1994, at 9:00 a.m. is RESCHEDULED to Wednesday, August 31,
1994, at 1130 c.m. in Courtroom No.5, Cumberland County
Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
J
Legal'Services, Inc.
Attorney for Plaintiff
Thomas M. Kutz, Esq.
219 E. Main Street
Mechanicsburg, PA 17055
Attorney for Defendant
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TROY L. ADAMS,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1214 CIVIL TERM
v.
BRANDY O. FELTON,
Defendant
CUSTODY
pRDER FOR CONTINUANCE
AND NOW, this ,Dttrday of August, 1994, upon consideration of the attached Motion
for Continuance, the matter scheduled for hearing on Wednesday, August 31, 1994, at 1:30 pm.
in Courtroom No.5 by this Court's Order of August 4, 1994, is continued generally. This
Order is entered without prejudice to either party to request a hearing.
This Court Custody Order of April 26, 1994, will remain in effect until a final Order is
entered in this case.
A copy of this Order for Continuance will be provided to the defendant's counsel by the
plaintiff's attorney.
By the Court,
.
Joan Carey
Attorney at Law
LEGAL SERVICES, INC.
Counsel for Plaintiff
Thomas M. Kutz
Attorney at Law
Counsel for Defendant
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TROY L. ADAMS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1214 CIVIL TERM
Plaintiff
v.
BRANDY O. FELTON,
Defendant
CUSTODY
~OTION FOR CONTINUANCE
The plaintiff moves the Court for an Order generally continuing the hearing in the above-
captioned case on the grounds that:
1. A conciliation conference was held before Samuel L. Andes, Attorney at Law,
on April 20, 1994. At the conciliator's recommendation this Court entered an Order on April
26, 1994, scheduling another conciliation conference on July 19, 1994, at 1:00 p.m. to review
the progress of the plaintiffs temporary visitation schedule as proposed by the conciliator. The
parties were unable reach an agreement at the July 19th conciliation conference; therefore, the
conciliator recommended that the matter be heard by the court.
2. A hearing in this matter was scheduled for Wednesday, August 31, 1994, at 9:00
a.m. by Order of Court on July 25, 1994.
3. The parties, through their counsel, are attempting to negotiate a settlement in this
matter.
4. By agreement of the parties, the plaintiff requests that the hearing be continued
generally pending a resolution in this matter.
5. The plaintiff and defendant understand 1hat the Custody Order of April 26, 1994,
remains in effect pending further order of court and that the Order for Continuance is entered
without prejudice to either party to request a hearing.
."
6. A copy of the Order for Continuance will be mailed to the defendant's counsel
by the attorney for the plaintiff.
WHEREFORE, the plaintiff requests that the Court grant the Motion 10 continue this
matter generally and that the Custody Order of April 26, 1994, remain in effect until further
Order of Court.
Respectfully submitted,
(1 /()
~'~ L~~
Carey, Attorney Ii Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
TROY ADAMS,
Plaintiff
v.
BRANDY FELTON,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1214 CIVIL TERM
AND NOW, this
ORDER OF COURT
,.i(day of February, 1997, upon consideration
of the attached Custody Agreement, and the agreement not containing
a provision that both parties intend that its terms be made an
order of court, no order will be entered on the agreement at this
time, without prejudice to the parties' rights to file a joint
motion requesting that the terms of the agreement be entered as an
order of court.
Troy L. Adams
155-C Williams Grove Road
Lot 68
Mechanicsburg, PA 17055
Plaintiff, Pro Se
Brandy O. Felton
20 Mill Drive
Dillsburg, PA 17019
Defendant, Pro Se
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TROY L. ADAMS,
IN TIlE COURT or COMMON PLEAS
Plaintiff
CUMlJERI.AND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - 1.AW
NO. 94-1214 CIVIL TERM
BRANDY 0 . FELTON.
Defendant
CUSTODY
CUSTODY ORDER
AND NOW, this 3.ul day of November, 1994, upon consideration of the
Consent Agreement, the following Custody Order is entered regarding the parties'
child, Zachary Allan Adams.
1. The parties shall share legal custody.
2. The mother shall have primary physical custody.
3. The father shall have partial custody on alternating weekends from
Saturday at 2:15 p.m. until Monday at 8:30 a.m. commencing October 8, 1994. In
addition, the father shall have the child each Thursday following his weekend
visit from 8:30 a.m. until 1:30 p.m. and on alternating Tuesdays from 8:30 a.m.
until 8:00 p.m.
4. During periods when the mother's work schedule requires that she work
each weekend the father shall have the child each weekend from Saturday at 2:15
p.m. until Monday at 8:30 a.m. and Tuesdays from 8:30 a.m. until 1:00 p.m. and
at other times agreed upon by the parties.
5. At times when the mother requires care for the child she shall give
the father preference before making alternate child care arrangements.
The part ies shall share the following hol idays with the father having
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the child from 2:00 p.m. until 8:00 p.m.: New Year's Day, Easter,:M~morfil Day,
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July 4th, and Labor Day.
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7. The part les shall share the Thanksgiving Day holiday, with the father
having the child from 12:00 p.m. until 6:00 p.m. in even years commencing with
Thanksgiving Day, 1994, and from 2:00 p.m. until 8:00 p.m. In the odd years.
8. The Christmas holiday shall be shared by the parties on an
alternating basis each year, with one parent having the child on Christmas Eve
from 12:00 noon until Christmas Day at 12:00 noon and the other parent having the
child on Christmas Day at 12:00 noon until December 26th at 12:00 noon. In years
when the father shall have partial custody on Christmas Eve he shall pick the
child up after he gets off work. The father shall have the child on Christmas
Day from 12:00 noon until December 26th at 12:00 noon in 1994.
9. The father shall have a four-hour period of custody with the child
on the child's birthday each year.
10. Each party shall have the child for two weeks vacation each year
(including a maximum of two weekends). When the child begins grade school, the
parties shall exercise their periods of vacation during the summer months. The
part ies shall provide each other with 30 days advance not ice of intent to
exercise their vacation period.
11. The father may telephone the mother's residence to discuss custody
arrangements and any other information pertinent to the child.
12. The mother and father, by mutual agreement, may vary from this
schedule at any time but the order shall remain in effect unt i I ei ther party
petitions to have it changed.
13. The mother and father shall notify the other of all medical care the
child receives while in that parent's care. Each parent shall notify the other
immediately of medical emergencies which arise whi Ie the child is in that
parent's care.
14. Neither party shall do anything which may estrangc the child from the
other parent, or injure the opinion of the chi Id as to the other parent or which
may hamper the frce and natural development of the child's love or respect for
the other parent.
By the Court,
CONSENT ItGREDlENT
This agreement is entered on this //~N'day or 0('-/06(1,1-, 1994, by the
plaintiff, Troy L. Adams, and the defendant, nrandy o. Felton. The plaintiff is
rcpresented by Joan Carcy of Leglll Services, 1nc; the defendant is represented
by Thomas M. Kutz. The part ies agrce that the following may be entered IlS a
Custody Order.
1. The plaintiff, hereufter referred to as the father, and the
defendant, hereafter referred to as the mother, agree to the entry of an Order
providing for the following custody schcdule for their chi Id, Zachary Allan
Adams.
a) The parties will share legal custody.
b) The mother will have primary physical custody.
c) The father wi II have part ial custody on al ternat ing weekends
from Saturc111Y at 2: 15 p.m. unt i I Monday at 8:30 a.m. commencing
October 8, 1994. In midi t ion, the father wi 11 havc the chi ld each
Thursday following his wcekend visit from 8:30 a.m. until 1:30 p.m.
and on alternating Tucsdays from 8:30 a.m. until 8:00 p.m.
d) During periods when the mother's work schedule requires that
she work each weekend the fllther will have the child each weekend
from Saturdu~' at 2: 15 p.m. unt i I Monday ut 8:30 lI.m. IInd Tuesdays
from 8:30 a.m. unt i I I :00 p.m. and at other times agreed upon by thc
part ies.
e) At times when thc mother requires care for the chi Id she wi II
give the fllther prcference before making a\ ternate child care
arrangements.
f) The part ies wi II share the following holidays wi th the father
having the chi Id from 2:00 p.m. unti I 8:00 p.m.: New Ycar's Day,
Easter, Memorial Day, July 4th, IInd Labor Day.
g) The parties will share the Thanksgiving Day holiday, with the
fllther having thc chi Id from 12:00 p.m. unt i I 6:00 p.m. in even
years commencing with Thanksgiving Day, 1994, and from 2:00 p.m.
unti] 8:00 p.m. in the odd years.
h) The Christmas hol iday wi II be shared by the part ies on an
alternllting basis cach yellr, with one parent having the child on
Christmas Eve from 12:00 noon until Christmas Day at 12:00 noon and
the other parcnt having thc chi Id on Christmas Day at 12:00 noon
unt i I December 26th at 12:00 noon. In years when the father wi II
have part ial custody on Christmas Eve he wi II pick the chi Id up
after he gets off work. The father will havc the child on Christmas
Day from 12:00 noon until December 26th at 12:00 noon in 1994.
i) The fathcr wi II hllve a four-hour period of custody wi th the
child on the chi Id's birthday cach year.
j) Elich pllrty wi II have the chi ld for two weeks vacllt ion each
year (including a maximum of two weekends). When the child begins
grade school, the parties will exercise their periods of vacation
during thc summer months. The part ies wi II provide each other with
30 days advance not icc or intent to exercise thei r vacllt ion period.
k) The father mil)' telephone the mother's residence to discuss
custody /lrrangements and any other informat ion pert inent to the
child.
2. The mother /lnd father, by mutual agreement, may vary from this
schedule at any time but the order will remain in effect until either party
pet it ions to have it changed.
3. The mother and fnther agree that each wi II not i fy the other of all
medical care the chi Id receives whi Ie in that parent's care. Each parent wi II
notify the other immediately of medical emergencies which arise while the child
is in that parent's care.
4. The parties realize that their child's well being is paramount to any
differences they might have he tween themselves. Therefore, they agree that
neither party will do anything which may estrange the child from the other
parent, or injure the opinion of the chi Id as to the other parent or which may
hamper the free and naturul development of the child's love or respect for the
other parent.
WHEREFORE, the parties request that a Custody Order be entered to reflect
the above terms.
-t::7 1.4t.
Troy L. Adams; Plaintiff
~J
for Defendant
LOOAL SERVICF.s, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400