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Home My WebLink About94-04291 11 6 c o 1 o ~ i ~ ! J I I I I &) , cil <: - . " - .to ;.:. , AUG 0 rl99~ I ' . ~, , , CANDY J. DUTTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-'+~91 CIVIL TERM THOMAS I. DUTTON, Defendant : CIVIL ACTION - CUSTODY OF MINOR CHILDREN ORDER OF COURT upon ~~s~~:~a~~~~ of ~~att~~~e~fcomp~~~ ~t is he~e~~94, directed the parties and their respective counsel appear before u L. , Esquire, the conciliator, at , Pennsylvania, on the ,:) '7 _ day of , 1994, at I D.a~ 0' clock _~_. M. for a Pre-Hear ng Custody Conference. At ~ Cdnference, 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. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is ~ mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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 ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6200 FOR THE COURT, By /~ 4~/~ custody nc 1 ator LAW on'ICt. SNELDAKER . BRENNEMAN :,. , ., 3 . 'i .1'1 . 'c' L' OFFICE OF Tnt ,'i' (11 HOHn AhY CUMijERcAhO COUNTY PENN>rI,'JAH'A Auc Z 3 33 PH '9~ , , ,- .~ ~ , , CANDY J. DUTTON, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94- 4-:111 ':IVIL TERM CIVIL ACTION - CUSTODY OF MINOR CHILDREN THOMAS I. DUTTON, Defendant COMPLAINT FOR CUSTODY OF MINOR CHILDREN AND NOW, comes the Plaintiff, CANDY J. DUTTON, by her Attorneys, SNELBAKER & BRENNEMAN, P.c., and avers the following cause of action: 1. The Plaintiff herein is CANDY J. DUTTON, an adult individual, who resides at 600 Colonial View Road, Hechanicsburg (Upper Allen Township), Cumberland County, Pennsylvania 17055. 2. The Defendant herein is THOMAS I. DUTTON, an adult individual, who resides at 314 Lopax Road, Apartment E-3, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Plaintiff seeks custody of the following children: liAIMl President Residence ~ EVAN THOMAS DUTTON 600 Colonial View Road Mechanicsburg, PA 17055 AMBER CATHERINE DUTTON 600 Colonial View Road Mechanicsburg, PA 17055 The children were not born out of wedlock. 2+ years 1+ year LAW OP'P'ICIS SNELDAKER a BRENNEMAN The children are presently in the custody of Plaintiff at her residence as indicated in Paragraph 1 above. During the last five (5) years, the children resided with the following persons and at the following addresses: .. Ii Persons Addresses Dates (1) Plaintitt and 19 Locust Lane Birth to Detendant Hechanicsburq, PA 17055 April 1992 (2) Plaintitt 19 Locust Lane April 1992 to Hechanicsburq, PA 17055 July 1, 1993 (3) Plaintitt 600 Colonial View Road July 1, 1993 Hechanicsburq, PA 17055 to Present The mother of the children is CANDY J. DUTTON, Plaintiff herein, currently residinq at 600 Colonial View Road, Hechanicsburq, Pennsylvania 17055. She is now unmarried, havinq been divorced trom Detendant on January 24, 1994, in case docketed to No. 3025 civil 1993 in this Court. The father ot the children is THOMAS I. DUTTON, currently residinq at 314 Lopax Road, Apt. E-3, Harrisburq, Pennsylvania 17112. He is unmarried. 4. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: tiAU RelationshiD Evan Thomas Dutton Amber Catherine Dutton Son Daughter LAW O,,.CI.. SNELDAKER 6 BRENNEMAN 5. The relationship of Defendant THOMAS I. DUTTON to the children is that of father. Said Defendant currently resides with the following persons: None. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding -2- LAW O"ICC8 SNELBAKER a DREUNEMAN concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because the children will have a permanent and stable home (which Plaintiff provides and will continue to provide) which cannot be provided by Defendant who is unable to properly care for the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff respectfully requests your Honorable Court to confirm and grant her custody of EVAN THOMAS DUTTON and AMBER CATHERINE DUTTON. , P.c. By ard C. Snelbaker 44 West Main Street Mechanicsburg, PA 17055-0318 Telephone: 717-697-8528 Attorneys for Plaintiff -3- LAW C"ICEO SNELDAKER a BRENNEMAN VERIFICATION I hereby verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. r:~J ~~ Candy . Dutton (Plaintiff) Dated: .)0)'1 ~r , 1994 (' -';.~ ~~~':'"'- '- . rJt:.- SfP 29 1994 CANDY J. DUTTON, ) IN THB COURT OF COMMON Plaintiff ) PLBAS OF CUKBBRLAND ) COUNTY, PBNNSYLVANIA vs. ) ) NO. 94-4391 CIVIL TBRM THOKAS I. DUTTON, ) Defendant ) CUSTODY AND NOlI, ORDn .::: I tlf S'~/.1iI-e ,L,,^- this ~?~ day of "7)" ~ JV''tV ,J:994, upon receipt of the !conciliator's report, it appearing that the parties have agreed upon the terms and provisions of this order which was dictated in their presence and approved by them, we hereby order as follows: 1. Until further order of court, legal custody of the two minor children, Bvan Thomas Dutton, born August 19, 1991, and Amber Catherine Dutton, born September 13, 1993, shall be in their mother. the Plaintiff, Candy J. Dutton. 3. Primary physical custody of the two minor children is hereby awarded to their mother, the Plaintiff. Candy J. Dutton. 3. The father of the children, the Defendant, Thomas I. Dutton, shall have and enjoy the fOllowing periods of temporary or partial custody: A. Alternating Sundays from 9:00 a.m. until 7:00 p.m. commencing on Sundny, October 16. 1994. The father shall contact the mother by telephone prior to 9:00 p,m. on the Thursday immediately preceding his Sunday to confirm the time and other details of his Sunday period with the children, B. On holidays and vacations as the parties may mutually agree. 4. This order is intended to set out the basic provisions for the custody of the children and it is anticipated the parties will modify it by mutual agreement 1 bereafter. In tbe event that the parties wisb to expand or otherwise IOdify tbe scbedule of custody as set forth herein, tbey are cautioned to do so by .utual agree.ent and to be certain that both parties have agreed to any IOdification before either of tbe. atteapt to implement it. By t e Court, -- CL.L/ F fL---- Richard C. Bnelbaker, Bsquire Attorney for Plaintiff e..~ (l'M("~'.A, 10/ J I t; If . A.f'. ThOlas I. Dutton, pro se 45 Wbite Dogwood Drive Btters, PA 17319 sla II :I J. ';1 J:i j.. "'~ !;j :1'.1 ,)..... f. .~'. SEP 30 3 57 i~H '9~ .,' r; (;~. Of I", ilUI,':q~y CUtlL[ . ','1(. 1; :lilY p l ~t ~f :.: 1 ~., ,'.11 :. ;,' '''i .' "; - ~ ,'. , , :11' Ij \' ; , . '! ',' " , '1.1.". I,; . . i . ~ ~ ~ ~ ~ ~ ~ ... ~ Iii II: '<l ... ~ II ~ z < ~ - ~ :: ~ ~ g ~ 8 !'l i: 0 ~ < ~ ~ .. a. ;;. ~ ~ w ui < lI: :r. n >< I<l " 0 j:l n ~ ~ ~ < . . SEP 2 'J 199~ . . .~ " " CANDY J. DUTTON, I IN THB COURT OF COHKON Plaintiff I PLBAS OF CUHBBRLAND ) COUNTY, PBNNSYLVANIA vs. I I NO. 94-4391 CIVIL TBRH THOHAB I. DUTTON, I Defendant I CUSTODY JUDGB PRBVIOUSLY ASSIGNBD: None CONCILIATOR CONPBRIlNCB SutIHAJlY RBPOIl'l' IN ACCORDANCB WITH CUHBBRLAND COUNTY RULB OF CIVIL PROCEDURE 19l5.3-8(bl, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the sUbject of this litigation is as follows: NAHB BIRTHDATE 19 August 1991 12 Septe~ber 1992 CURRENTLY IN CUSTODY OF Plaintiff/Hother Plaintiff/Mother Evan Thomas Dutton Amber Catherine Dutton 2. A Conciliation Conference was held on 27 September 1994 and the following the Plaintiff and her attorney, Richard C. Bnelbaker, I individuals were present: I I I I I I I , I I I I, Esquire; the Defendant appeared without counsel, 3. The parties were able to quickly reach agreement for a schedule of custody. The attached order was dictated in their presence and approved by the.. 4. The father was willing to accept minimal time with the children because he has not spent much time with them over the past several months. Both parties anticipate they will be able to expand that time by mutual agreement as ths children grow older and are more comfortable with the father, , ., M.. 5. With the entry of this order, no further action is necessary at this ti.e. 28 8eptember 1994 ~~ Ba el L. Aildes Custody Conciliator .~ ., , . CANDY J. DUTTON. ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY. PENNSYLVANIA vs. ) ) NO. 94-4291 CIVIL TERM THOMAS I. DUTTON. ) Defendant ) CUSTODY ORDER AND NOll. this day of , 1994. upon receipt of the conciliator's report. it appearing that the parties have agreed upon the terms and provisions of this order which was dictated in their presence and approved by them. we hereby order as follows: 1. Until further order of court. legal custody of the two minor children. Evan Thomas Dutton. born August 19. 1991. and Amber Catherine Dutton. born September 12. 1992, shall be in their mother. the Plaintiff. Candy J. Dutton. 2, Primary physical custody of the two minor children is hereby awarded to their mother. the Plaintiff. Candy J. Dutton. 3. The father of the children, the Defendant. Thomas I. Dutton, shall have and enjoy the following periods of temporary or partial custody: A, Alternating Sundays from 9:00 a.m. until 7:00 p.m, commencing on Sunday, October 16. 1994. The father shall contact the mother by telephone prior to 9:00 p.m, on the Thursday immediately preceding his Sunday to confirm the time and other details of his Sunday period with the children. B. On holidays and vacations as the parties may mutually agree. 4, This order is intended to set out the basic provisions for the custody of the children and it is anticipated the parties will modify it by mutual agreement 1 ~ . \ . . hereafter. In the event that the parties wish to expand or otherwise modify the schedule of custody as set forth herein, they are cautioned to do so by mutual agreement and to be certain that both parties have agreed to any ~dification before either of them attempt to implement it, By the Court, J. Richard C. Snelbaker, Bsquire Attorney for Plaintiff Thomas I. Dutton, pro se 45 White Dogwood Drive Btters, PA 17319 sla 2