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Home My WebLink About95-04465 .. U1 .~. -:t :::r JANET L. BROWN, plaintiff : I vs. : : THOMAS DINGER, JAMES I DAVIES , DENISE DAVIES, : Defendants I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL 1995 qs- - 4-lf~ 5 &~......e CIVIL ACTION - LAW CUSTODY /lUG ,) 'J " ~v"v -, 1~)9:J ):." oaD" or COURT UlD 110., this ~ day of 1/'\1'" , ('S , 19_, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before M\<-~\h'1 L. &-".,'J ii-" the conciliator, at , on the ~ay of ad uJIt~' ___.m., for a Pre-Hearing custody Conference. At such conference, 60/) 5. I S'lI.S} (--nIt tJ,' II 199.;[, at.!:l P ''Y'J, an effort will be made to resolve the issues in disputel 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. All children age five or older shall also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT, By: ~'l,",J fl. f?CU~J r!:. custody conciliator ~~I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor One courthouse square cumberland county courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 r{,')9 . 1s 1.J6 ~)5 ,/'Jf{'9f (1;;1 . drn. ;"Ji I<, -4 t1J... , 'rlt4lt' /Il~ " ~ ~ ~.... 1'1 but' # Auc 20 3 Ii! rK '95 C! : . I;' ,'C[ UUHI i' .:"0NCI^~Y , (,lor' !~T' I h" J #j ';.....!! ' . JAIIIT L. Baon, · 'lalntlff · . v.. · . TBOMA' DI.Gla, JAX" · DAVI" . DI.I.I D~VI", · Dden4ant. · 1M TBI COURT or COKMOM .LIA' or CUMBlaLAND COUMTY, .....YLVAIIIA CIVIL ~CTIO. - LAW CUITODY q J - 4 '-I ~ ,~- 6,/..:4.-[ T.r4.-.v HO. CIVIL 1"5 AKICaBLI COMPL.INT ~OR TIMPORARY LIGAL AHD PHYIICAL CUITODY TO TBI BO.ORAlLI, TB' JUDGI' or lAID COURT. 1. The plaintiff i. Janet L. Brown, hereafter referred to a. the natural mother, re.iding at 1916 Kensington street, Harrisburg, Dauphin county, penn.ylvania 17104. 2. The Defendant, Thomas Dinger, hereafter referred to as the natural father of Kyle Dinger, reside. at 68 Regency Wood. North, carUde, cumberland county, penn.ylvania 17013. 3. Defendant., James Davie. and Denise Davie. are adult individual., the maternal Uncle and Aunt of the children who re.ide at 438 Ea.t Pearl Road, coldwater, Michigan 49036. 4. plaintiff Janet L. Brown and Defendants Thomas Dinger, James and Deni.e Davie. .eek temporary joint legal and partial phy.ical custody with primary physical custody of the following children to be granted to Defendants James Davies and Denise Davies: a. HI1\Ill present Residence A!D Kyle Dinger 1916 Kensington st. 15 yrs. Harrisburg, PA 17104 Alex Dinger 1916 Kensington st. B yrs. Harrisburg, PA 17104 b. The childrsn are presentlY in the temporary custody of the maternal Uncle and Aunt, James Davies and Denise Davies at 438 East pearl Road, Coldwater, Michigan 49036. I 'I I , c. The children have resided with the following persons and at the following addressesl par.ont.' Address Dates Janet L. Brown , John Brown 1916 Rensington st. Harrisburg, PA 17104 1990 to 8/95 5. 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. b. plaintiff has no information of a custody proceeding ooncerning the a. children pending in a court of this commonwealth. c. 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. 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 except steven Dinger the natural father of Alex Dinger whose whereabouts are unknown and who has had no contact with Alex for at least five (5) years. There are no other persons who are known to have or claim a right to custody or visitation of the children, so none will be given notice of the pendency of this action and the right to intervene. steven Dinger will not be prejudiced by his non-joinder as no present or future rights will be affected by this action. 7. pursuant to the custody and Grandparents Visitation Act, the plaintiff 6. requests this court to grant an award of temporary joint and shared legal custody in parties, Janet L. Brown, Thomas Dinger, James Davis and Deniee Davie., to grant James and Denies Davie. primary phy.ical custody and to allow periods of partial physical custody by Janet L. Brown and Thomas Dinger with the children as arranged by the parties. 8. The Uncle and Aunt are requeeted to be granted "temporary legal custody" so that they shall have input and the temporary equal legal right to malte major decisions affecting the best interests of the minor children, including, but not limited to medical, religious, and educational deciaions. 9. The uncle and Aunt request physical custody of the children in that they are in a better position to provide consistent and stable care for the children because the mother has been diagnosed with cancer, and her treatment and recovery will not permit her to adequatelY provide and care for them in the near future, and because the Michigan school Di.trict in which they are to be enrolled require. a court order granting Temporary custodY to the Davies a. a prerequisite to enrollment. 10. The best interests and welfare of the children and their phy.ical, spiritual, emotional and moral well-being will be served by granting the relief requested. 11. plaintiff prays for an order awarding joint legal custody of the minor children, Kyle Dinger, born July 27, 1980 and Alex Dinger, born January 23, 1987 to Janet L. Brown, Thomas Dinger, James Davies and Denise Davies with primary physical custody to the Davies and with partial physical custody awarded to plaintiff and Thomas Dinger as arranged by the parties. .....ro.., plaintiff prays for an order awarding temporary joint and shared legal custody ot the minor children, Ryle Dinger, born July 27, 1980, and Alex Dinger, born January 23, 1987 to Janet L. Brown, Thomas Dinger, James Davies and Denise Davies with primary physical custody to the Davie. and with partial physical custody awarded to plaintiff Janet L. Brown and Defendant Thomas Dinger ae the parties shall agree with the understanding that this shall be a temporary order reviewable by the court at the request of any party. The court is furthermore requested to retain juriSdiction ot the children and the parties and without prejUdice to any rights steven Dinger may hav.. Datel ~/3-,A~ I ( Respecttully submitted, ~ Richard c. Ruben, ~squire Attorney for Janet L. Brown 100 chestnut st., suite 307 Harrisburg, pennsylvania 17101 (717) 23648015 - VIRII'ICATIOlf Janet L. Brown hereby states that she is the Plaintiff in this action and that the statements of fact made in the foregoing Temporary custody complaint are true and correct to the best of her perso'nal knowledge, information and belief. The undersigned understands statements herein are made subject to the penalties of 18 Pa. cons. stat. 54904, relating to unsworn falsification to authorities. Date ~111Iqf)_ , I -/l~n L ~ ~ ~ ~ t~ !R ~ ~ "\ N ... " ~~ ~ ~ ..~ ~~ r.; -~ 1_ J: ~t\." ~ ~ ~ <.10 III ;J..'(>, I., f' '<' "" ::~ .t~ t_':; "'IS' l1. ~ -- q) I;.' It- .-;: ;~' ~ ~ ~ ~ ,c.'. Iv) ~ 1.1"': lri ~ . '", ~ '., ~ ::}- !J ..), ... <.1 ~ (,1'- \It LAW OFf"lCEI IL\N!:lQN & 'llIIIBN .UITI~ aOf lUll Clll~"'rNUT HTum:'r 1I.\UUIHIIUlltl, .'.\ IT atu C1'1711130.1I018 r -_" . . JANE'l' L. BROWN , plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.9f41"~"'CIVIL 1995 vs. THOMAS DINGER, JAMES DAVIES , DENISE DAVIES, Defendants CIVIL ACTION - LAW CUSTODY ORD" or COURT UD IIOW, this ,'" \ .- , 19 'f.'> , in day of considsration of the amicable action for Temporary custody and the stipulation of the parties thereto it is hereby... Or4ere4 aa4 Dearee41 1. Joint leqal custody of the minor children Kyle and Alex Dinger awarded to Janet L. Brown, Thomae Dinger and James and Denise Davies. 2. Physical custody of the children awarded to Jamee and Denis. Davies sUbject to partial custody for purposes of visitation with Janet L. Brown and Thomas Dinger as the parties shall aqree. 3. That this Order is without prejudice to such rights of Steven Dinger, natural father of Alex Dinger as he may have. 4. The Court retains jurisdiction of the children and the parties so long as this Temporary Order remains in e;te9t. , / gl , Righard c. Ruben, Elquire Fer Pllintltt Them.. Dlnll8r Jam.. and Janet Dlnllor C'od'-.::.... rrn.. d 9/ts" /9r, ....!,.!;', J. ..- '. l:R . iE ;{J ("r') ~;t ., . , " III ~'_ ~;r;;~ h :r:...., , , -;r Jl , ' JANET L. BROWN, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL 1995 VB. NO. 95 4465 THOMAS DINGER, JAMES DAVIES . DENISE DAVIES, Defendants CIVIL ACTION - LAW CUSTODY CU8TODY 8TIPULATIOM DD AORIUIM'1' This Agreement and stipulation entered into the day and year hereinafter set forth, iB by and between Janet L. Brown, natural mother, by her attorney, Richard C. Ruben, Esquire, and Thomas Dinger natural father and James and Denise Davies, maternal Uncle and Aunt who aver as followSI 1. plaintiff is Janet L. Brown natural mother, an adult sui jurio, who resides at 1916 Kensington st., Dauphin County, Harrisburg, Pennsylvania 17104. 2. Defendant is Thomas Dinger natural father, an adult sui juris, who resides at 68 Regency Woods North, carlisle, Cumberland county, Pennsylvania 17013. 3. Defendants, James Davies and Denise Davies are adult individuals, the maternal Uncle and Aunt of the children who reside at 438 East Pearl Road, Coldwater, Michigan 49036. 4. The parties, Janet L. Brown and Thomas Dinger, James Davies and Denise Davies, agree to the following cuetody terms regarding . . custody of Kyle and Alex Dinger, and request the terms of the Agreement and stipulation be entered as an Order of Court: a. plaintiff Janet L. Brown and Defendnats Thomas Dinger and James and Denise Davis seek temporary joint legal and partial physical custody with primary physical custody of the children to be granted to Defendants James Davies and Denise Davies. b. The Davies shall have actual physical custody of the children, with partial custody awarded to the plaintiff mother and Defendant father as arranged by the parties. c. The Uncle and Aunt are to be granted "temporary legal custody" so that they shall have input and the temporary equal legal right to make major decisions affecting the best interests of the minor children, including, but not limited to medical, religious, and educational decisions. d. The Uncle and Aunt are to be granted physicKl custody of the children in that they are in a better position to provide consistent and stable care for the children because the mother has been diagnosed with cancer; her treatment and recovery will not permit her to adequately provide and care for them in the near future; and because the Michigan School District in which they are to be enrolled requires a Court order granting Temporary custody to the Davies as a prerequisite to enrollment. e. The parties hereto stipulate to the entry of an Order awarding temporary joint legal custody of the minor children, Kyle Dinger, born July 27, 1980 and Alex Dinger, born January 23, 1987 to Janet L. Brown, Thomas Dinger, James Davies and Denise Davies . with primary phydcal custody to the Davies and with partial physical custody awarded to Plaintiff and Thomae Dinger as arranged by the parti... f. That due to the need for prompt action and the enrollment of the children in or prior to September and the unknown whereabouts of Alex's natural father Steven Dinger the Order requested shall be without prejUdice to such rights as Steven Dinger may have. g. That the Court shall retain jurisdiction over the parties and the children so long as this temporary Order shall remain in effect. I. .1".... n'.lor, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and s.al. this - _ day of , 19_. '. Jag~n'~la~ JOIKD.R 1M 8TIPULaTIOM And now comes Janet L. Brown and joins in the toregoing stipulation as Plaintift and agrees to the entry ot a temporary custody Order in the torm attached hereto. Sworn and .ubecrib~d to betore me thi. If. 'lr day of a';"'~. , 19 !Ar:. l\~~_ R ~J, Notary public NoICIftal Seal Shcnn .,ltvle, =~PubIlc = HeM'"', County "" ",,"1I1M..,....22,1"' '-".,..._,..,.,,~'=, d 0<<1 j/t.... "05, I'afy, ~1/-J ," JUI'I' L. 1.0n, I 1M 'I'HI COURT OW COHKOM .LIA. OW .1aillUff I cuunLAIID COUII'I'Y, .....IYLVUIa I v.. I CIVIL aC'I'IOII - LAW I CU''I'ODY 'I'IIOIIA' DIllOn, JU.. . DaVI.' . Dill.. DaVI.', I MO.~y'f'~CIVIL D.f.lle1aat. I Uti JOIIIDI. 1M .TIPULA'I'IOM And now com.. Thomas Dinger and joins in the foregoing stipulation as Defendant and agrees to the entry of a temporary custody Order in the form attachsd h.reto. o1t,,~ Thoma. Dinger, ef ndant Sworn and SUbSC~b.d to beforYk this Y day of ~flL, n U-. ~@ ~~) Notary ublic IlOTARIAL SEAL MAIW ANN C, GARBARINO. Notary Pt,liliC Harrllburg. o.uphln County uw c.nmIKIOn bplr" llUy 8, 1998 , ' .. JAM'T L. '10", I 'laiatiff I I v.. I I TIOKll OI.G.I, JAMI. I oavI.. . 0..1.. oaVI", I O.feat.at. I I. THI COURT or COMMO. .LIA. or CUIIIIRLAIfD COUIITY, .....IYLVAlflA CIVIL ACTIO. - LAW CUITODY .O.~~'" CIVIL Uti JOIKD.R I. .TIPULATIOH And now come. Jame. Davie. and joins in the foregoing stipulation a. Defendant and aQree. to the entry attached hereto. of a temporary custody Order c1--- ~ ' A)~ ~ ~ ~ -.~ ,")) ,p J es Davies, Defendant in the form Sworn and .Ub.cribed to before m. this .;l~1- h. day . of~,ll1~. wm M. CAlHNYIl Nehwy Public. .'Inch County MI My Cornrnltllon bpi,.. July 16: 1998 , ~ " JAIl" L. ..on, I 'l.iatiff I I v.. I I 'IOMAI DI.O'., Jaxll I D~VI'I . D,.I.. DaVII., I D.feae.ate I 1M ,.. COURt or COMMO. 'Llal or CUMllRLaID COUNtY, ....IYLVAIIla CIVIL aCTIOM - L~. CUITODY MO. 9o-#~IVIL 1111 JOI.DB. I. ITl'ULaTIOH And now come. Denise Davies and joins in the roregoing stipulation a. Dufendant and agree. to the entry or a temporary custody Order in the form attached hereto. .f2~y(.~~Q..- Ib l~-;(/} Denise Davies, Defendant sworn end sub.cribed to berore .e this ~ da~ or IftJ6cJsr , 19 !L. /JIAftAJ 7n, (;1(/tN' I ~ pUblic NDIIIf M, ",,1/. _HCM (JJ{J1h'( HICfHGIW H" ~IfHISSIO" ~U'(t&5 9'/9-91 ... . JANET L. BROWN, I Plaintiff I I vs. I I THOMAS DINGER, JAMES I DAVIES , DENISE DAVIES, I Defendant. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.~./f"~!i~IVIL 1995 CIVIL ACTION - LAW CUSTODY aOOI.TAMOI o. .I.VIOI I, Deniee Davie., Defendant in the above captioned action, hereby accept .ervice of the Amicable complaint for Temporary Legal and Phy.ical cu.tody, and state my agreement to the entry of an Order a. r.que.ted in the complaint and pursuant to a cu.tody stipulation and Agreement and a proposed Order to b. filed cont..poraneou81y herewith. Datel a,.u.~.Jd dS, /'1'/5' f2h';.;.fb M~~lLJ Deni.. Davie., Defendant , \ . , JANET L. BROWN, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVLVANIA NO.9'-~~~IVIL 1995 vs. THOMAS DINGER, JAMES : DAVIES , DENISE DAVIES, : Defendants : CIVIL ACTION - LAW CUSTODY aCCIPTAHOI O. BIRVICI I, James Davies, Defendant in the above captioned action, hereby accept service of the Amicable complaint for Temporary Legal and Physical custody, and state my agreement to the entry of an Order as requested in the complaint and pursuant to a custody stipulation and Agreement and a proposed Order to be filed contemporaneously herewith. Date: /J~/oJ'-/_J .>- /775 d.......- J.-J--- JPImes Davies, Defendant m ft; ...., Ln S" :r.: -=s ~I:. ~. ..r .- " ~'~'i::.: ._1 LAW ""Iclta HANSON & RVlmN .UITH lOT IUU CIIClITNUT KTIlI:t:T 111\IUU8UUIlO. It.\. 1 'UOl IT It) 11:10.1011 ~;li' t 'I lffiilj ~ ~ 9 JANET L. BROWN, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.~~/~CIVIL 1995 va. . . TIIOMAS DINGER, JAMES I DAVIES . DENISE DAVIES, I Dafandanta CIVIL ACTION - LAW CUSTODY AOOB'TABOB O. .B.VIOB I, Thomaa Dinqer, Defendant in the above captioned aotion, hereby aocept aervioe of the Amicable Complaint for Temporary Leqal and Phyaical cuatody, and state my aqreement to the entry of an Order aa requeated in the complaint and pureuant to a cuatody Stipulation and Aqree.ent and a propoaed Order to be filed aonte.poraneoualy herewith. Date I C'f. d/, q<r ThO~~q~~ndant ~ - ~ ~ <:::> - ~;:~ .. '. uJ'':". ~ ';',' r..} t.. '-"J. '~',~\f. .,...., r"". ".,'\ ,...... - t1 ,I..) V' LAW OFFICES IIANf!ON & RUlmN BUITe PO? IUU CIICI5"'NtJT H1'nm:'.. 1I.\lUU8UtJItO, l'.~ .'101 t,nlIl30.101& ('I';' "')l~.l ."...,. ',~. '. A.'I- ,. ,\1 ~?lP 'I-It.{ -51- JANET L. BROWN, Plaintiff ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY va THOMAS DINGER, JAMES DAVIES & DENISE DAVIES, Defandanta NO. 95-4465 CIVIL 1995 ORDER OF COURT AND NOW, this 13th day of September, 1995, It being reported to the conciliator that the psrtles have reached an egreement which makes furthar proceedings unnecessary, the underslgnad conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wishes furthar proceedings In this action, thay should patltlon the Court anew. FOR THE COURT, BY: ~ cc: Richard C. Ruben, Esquire Thomas Dlngar James and Denise Davies ~ E &0 .... ....., - ~- ",>- ;~i !; I~j ... . .. ~.;l;\..' I.&.r':)~;"! Ii. ' ,- . ~ ,..-....; " -f.:1 .i ~ "I "' r ;L4 . .' ~; Cl l~ :) tJ "-, " co - Ji .. Ji ~ E &0 .... '" - ,. "," .. .- . :- I.l"-,, 0' l... ;(' ~ ,;:.<)'->:, I.' ~ , -. . ~ 'J- -, co - , .i ~": , ... I ' ~_: I .' . LL :-1 t:,(.l