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OFFICE OF THE DISTRICT ATTORNEY
_ OF CUMBERLAND COUNTY _
~ ONE COURfHOUaa .QUARE ~
CARLlaLE., Pf.NNSVLYANIA 11013
MARLENE E. DUFF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-6976 CIVIL TERM
RALPH L. DUFF, JR.
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this ~ day of April, 1996, this Court certifies
that the attached complaint has been properly completed and
verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
petition, the defendant, RALPH L. DUFF, JR., is directed to
appear for trial on the ~~ge of Indirect Criminal Contempt
before the Court on the .... day of c_ , 1996 atc0'~
o'clock ~ .m. in Courtroom # ., of he Cumberland County
Courthouse, Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
and petition upon the defendant. The assessment of costs
determined by the Trial Judge subsequent to trial.
By the Court,
Order
to be
Dl!FENDANT'S
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George E. offer
'~J.
In rRUE COpy FROM RECORD
and :mony Whereof, I hare unto 501 my hand
. , ~I 01 SJ/d Cll al Carlisle ~L
T''- ddY (j " 19~
Michael S. Schwoyer
Chief Deputy District Attorney
RALPH L. DUFF, JR.
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COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a trial on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C,S.A. S6113.
6. The plaintiff and the defendant may seek modification
of the Order based on the filing of this petition as the Court
deems appropri~te following the trial in addition to any other
sentence. 23 Pa.C.S.A. S6117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Attorney
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MARLENE E. DUFF,
Plaintiff
IN THE COURT OF COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95- l-1"/l-
CIVIL TERM
RALPH L. DUFF, JR.,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
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AND NOW, this ~ day of December, 1995, upon presentation and consideration of
the within Petition, and upon finding that the plaintiff, Marlene E. Duff, temporarily residing
at an undisclosed location for her own protection and to avoid further abuse, is in immediate and
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present danger of abuse from the defendant, Ralph L, Duff, Jr., the following Temporary Order
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is entered, Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of the plaintiff and/or the children in the jurisdiction or district or furnish
any address, telephone number, or any other demographic information about the plaintiff and/or
children except by further Order of Court.
The defendant, Ralph L. Duff, Jr., (S5/'!: 042-32-4792)(008: 12/30/40), now residing
at 3 Smith Road, Gardners, Cumberland County, Pennsylvania, is hereby enjoined from
physically abusing the plaintiff, Marlene E. Duff, or placing her in fear of abuse.
The defendant is excluded from the marital residence located at 3 Smith Road, Gardners,
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Cumberland County, Pennsylvania, a residence which is jointly owned by the parties, and is
ordered to stay away from any residence the plaintiff may in the future establish for herself,
TRUE COPY FROM AECOFIO
In Test!lr~J w1blrool, I here unto set my hmd
and It1e ~ or ~iU C()'J at rtl"... Pa
. A.A. . ....f'Q,
Ia'/,' of
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Prathonotary
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The defendant is ordererl 10 refrain from having any direct or i.,direct contact with the
plaintiff or the plaintiffs minor children including, but not limited to, telephone and wrillen
communications,
The defendant is enjoined from harassing and s12Jking the plaintiff and from harassing
her relatives, or the minor children.
The defendant is enjoined from entering the plaintiffs place of employment or the
schools of the plaintiffs minor children or the day care facility of the minor children.
The defendant is enjoined from removing, damaging, destroying or selling any property
owned jointly by the parties or ownerl by the plaintiff.
A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S.
~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of Indirect
criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months
and a fine of $100.00-$1,000.00; and Iv) civil contempt under 23 Pa.C.S. ~6114.1.
Resumption of co-residence on the part of the plaintiff and defendant shall nat nuUify the
provisions of the court order.
This Order shall remain in effect until modified or terminated by the Court and can be
extenderl beyond its original expiration date if the Court finds that the defendant has committed
an act of abuse or has engagerl in a pattern or practice that indicates risk of harm to the plaintiff.
Temporary custody of Jennifer L. Duff and Garrett S, Duff, is hereby awarded to the
plaintiff, Marlene E. Duff.
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A hearing shall be held on this mailer on the flid~y of December, 1995, at
I / ' t~ it:m., in Courtroom No,':~ Cumberland County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees pending a further order after the
hcarif;g,
The Cumbe.land County Sheriffs Department shall allempt to make service at the
plaintiffs request and without pre-payment of fees, but service may be accomplished under any
applicable rule of Civil Procedure,
This Order shall be docketed in the office of the Prothonotary and forwarded to the
Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by
mail.
The Pennsylvania State Police and any other appropriate police department shall be
provided with certified copies of this Order by the plaintiffs allomey. This Ordel' shall be
enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal
contempt without warrant upon probable cause that this Order has been violated, whether or not
the violation is commilled in the presence of the police officer. In the event that an arrest is
made, under this section, the defendant shall be taken without unnecessary delay before the court
that issued the order, When that court is unavailable, the defendant shall be taken before the
appropriate district justice, (23 P.S. ~ 6(13).
Joan Carey
LEGAL SERViCES, INC., i~,/'U; "It','.. Jr.~'I...A: .'.J G; if'
Attorney for Plaintiff ') I .'
Judge
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MARLENE E. DUFF,
IN TIlE COURT OF COMMON PLEAS OF
Plaint irr
CUMBERLAND COUNTY, PfMlSYLVANIA
v.
NO. 95-6976 CIVIL TERM
RALPIf L. DUfF, JR..
Defendant
PROTECTION FROM ABUSE AND CUSTODY
AND NOW,
<fORDER fOR CONTINlJ~
thisU- day of December, 1995, upon
consideration of the
attached Motion for Continuance, the matter scheduled for hearing on Thursday,
December 14, 1995, at 11:00 a.m. is hereby continued generally. This Order is
entered without prejudice to either party to request a hearing.
The Temporary Protection Order shall remain in effect for a period of
one year or until modified or terminated by the court after notice or hearing.
Certified copies of this Order for Continuance wiil be provided to the
Carlisle Police Department and the Pennsylvania State Police by the
plaintiff's attorney.
By the Court,
TRUE COPY FROM RECORD
In T~lIlllOllY woorOOf, I here unto set ~ hand
and the seal of saki Coo al Carlisle, Pa.
ts)JM'd o' '", ,
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Prothonotary
Judge
JOlln rllrl'Y
uru\J, SERVlrl;5, INC. " t
Attorney for Plaint iff ""L.J...
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Samul'1 J., ^rllll'S :>-/1 J /'1)
Attorney f.,r llt!fendant I '
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MARJ.ENE E. DUFF,
IN mE COURT OF a>>MlN PLEAS OF
Plaintiff
v.
CUMBERLAND COUNTY, PENNSYLVilNlA
NO. 95-6976 CIVIL TERM
RALPH L. DUFF, JR.,
Defendant
PROTECl'ION FROM ABUSE AND CUSTODY
Kn'ION FOR ~
The plaintiff moves the Court for an Order continuing generally the
hearing In the above-captioned case on the grounds that:
1. A Temporary Protection Order was issued by this Court on December
6, 1995, scheduling a hearing for December 14, 1995. at 11:00 a...
2. The CUmberland County Sheriff's Department deputized the Dauphin
County Sheriff's Department and the defendant was served with a certified copy
of the Temporary Protection Order and Petition for Protection Order on
Wednesday, December 13, 1995, at approximately 3:30 p.m. at his place of
employment.
3. The defendant's attorney, Samuel L. Andes, requested 8 continuance
on December 14, 1995, to afford him time to meet with the defendant.
4, The plaint i ff agreed to the cont inllance and I'equests that the
matter be continued generallY pending further Order In this matter.
5. The plaintiff requests that the Temporary Protection Order remain
in effect until modified or terminated by the court after notice or hearing.
6. Certified copies of the Order for Continuance will be delivered to
the Pennsylvania State Pol ice and the Carlisle Police DepartlllCnt by the
attorney for the plaint I ff.
WHEREfORE. the plaintiff requests that the court grant this Notion and
continue this matter generally, and that the Temporary Protection Order remain
in effect until further Order of Court.
RespectfullY sub.itted,
or plaintiff
UIlAL SERVlCllS. INC.
8 Irvine Row
carlisle. PA 17013
(717) 243-9400
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82-873349 L I
CRIMINAL COMPL AIN r
IPOlIC': t..
DISTRICT JUSTICE
MAGIS TERIAL DISTRICT NO.
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COMMONWEALTH OF PENNSYLVANIA
OEFENOAN' VS
NAM~ r 11IIIII DUFF, Ralph Leonard Jr IXlB 12/30/40
AND 75 Winchester Gardens
ADoHES9 Carlisle PA 17013
SSN 042 32 4792
R 5 A PH (717) 241-6735
AI<.
I. Tpr. MatLhvlf,A. MAXEY 672Q
(NfU"~'1/ AI/1""'1
or J?A.s't2!;tlolice C'Arlhl..
11.J~rt"/\' .Jt'pojrr,,"f'Jlt 0" ....."". II "PNk"/~d 411d pdti"",,1 JUhdivlJifUl)
do herehy :itate.
( I, *~ I a<,<'use tho abov.. named defendant, who lives st the addr.... set forth above ,u.
U I a..cus.. an individual whose name IS unknown to me but who IS described as
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[] hIS 11Icknam.. or popular designstion is unknown to mp and, therefor., I have deSignated him herem as John 00.;
with vl<llatmij th.. penal laws of th.. Commonwealth of Pennsylvania at 3 S1A~~R ~ S~~!;6 !!i~letQA 'P\Itl
( ~. c' "lIlt.J . ,. IlIf ,<i' .
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_,.__ ' III C'llInh,,,'l..nti ...county on or ahaut 04121/96 l~l:1n
Parth'lpants wt'rp 1/1 '/In.' "'..,.. PJJ.'W"P!JIfH. {71010' "11'1' '11I"'t'f "f',t' q'p,.<j",lt ti,l' 1101"'" ,,, oJh'"/1' df'/,,"d~Jn/j Ralph Leonard DUFF Jr
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(2) The acts committed by the accused were,0 Indieect criminal contempt D~ JC 9174
In that the defendant during a custody exchange of the minor children called the victim
a slut and threw a Bag of EN clothes striking the victim in Nk the head. These actions
constitue harassment and are in violation of PFA 95-6976
Victim: Marlene Elizabeth DUFF
3 Smith Rd
Gardners PA 17324
PH (717) 486-8467
all of whICh were :~:r t~ea"" and dlll'llty or th.. Commonwealth of PennsylvaOla Ind contrary to the Actof Assembly,
or IJl VIolation of '" .v"S>> and or the I\ct of .
JC 91"4''''1 ,Sr,n I", tO'1I1
or tht'
OrdlOanl't! or
{P"I/llroll Suh,du'UIUllJ
(3) I ask that a warrant of arrest 101l1lM'IlJ'l'J<<la be issued and that the accused be required to anlwer the charies
I have made,
(4)
I, verify that the facts set forth in this complaint are true and correct to the best of my knowledge or infor.
mation and belief. This verification is made subject to the p~nallies of Section 4904 of the Crimes Code
( 18 Pa, C.S, 114904) relating to unsworn falsification to authorities.
C1.d/22- ,199n-.__
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(Slllnalurr of AIr. t1
AND NOW, on this .19 . I certify the complaint has been properly completed and
verified, and that there is probabl.. cause for the L'lSuan,," of process,
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VICTIM/WITNESS STATEMENT FOAM
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'NOTlCE.
Under Soctlim 4904 of tho Pa. Cnmes Code, Unswom fntsdlClllton 10 authOfllteS, a pttl"'lOO commits Co rno~nor of the third ;Jegr.. " he make. . wntten lalse stAti-merlt whtch
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\1. IR I I, :-:1' F, 111 'H , 1'1 I'll!' 0 '''I liT 01, o( '\i'K ,1\ 1'1 I' ,IS OF
P'it; flI i f r
!'!'\IHFHI\'I:n l'I)"~;TY. pr'''jNc~YI \.'.\\II ,\
v,
"n, Wi-(,f}"h ('IVII TFRM
RA' PH I.. fl!JFF, JR..
neren"anl
PROTFr'r! ON FRI)II .-\flliS F ,~Nn !'psrOlw
pIA nll'l f~" S Mfl<<lRANnIlM
The plaintirr, Mllr","e F. flurr, herein"rtl'r rererred to itS mother. hY"I1"
through Iwr attorney, Joan rllrey or Legal .servlce~, 1m:,. ~uhmit~ the following
MemOI'lln.h.RI, including II li~t or !Klt.'ntilll wi tnl'SS"" , IIlllag with a summary of
th,dr expected testimony, ror a hearing to he he'" on July 3, 1'1'16, lit 1:00 p,m,
i n CtlU r t room No. I.
I. AArKGROlJNll
The plaintifr, Marlene E. nurf, hereinafter rererred tCII1" the mother,
r,'sides at ,1 Smith Roml, Gardners, rumherland rounty, Pennsylvania 17J2~. She
ilnd RlIlph I.. nllrr, Jr., hereinafter referred to as the father, are the parents
of Jerlllifer nufr alll\ Garrett flurf, The mother hilS consistently IIcte,I in her
chi Idren'" hest interest amI has providerl IInd Clln cont inlle to prnvide for the
chi Idrcn's emot ional, physical, educat innal, 11'''\ medical needs,
She is the
pllrt'nt who can he~t facililate contact with tht' chi "Iren and the other parent,
'rhe part i." sepal'/lted on Novemher 2'1, 1'1'1';, when the mother, fearing ror
he r sa reI y nn" I hll t or the eh i Irlren, took the ch i Id ren "nd left the mar i tll I home
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al .1 Slni th ROHlf, (illnlner., In ;mlitl further ahuse /lnr! threats from the father.
On flt,cl',,,h,'r 11, Iqf)~, th., father was server! with n certified copy .:If the
TemlKlrllry Protect ion Ord"r and Pd i t iOIl ror Prnlt'ct inn Order and excluded rrom
Ih,' lIIaril;d r,-.iol"I\('[', nil' ".'1 Ii.,!, orfl'rl'llthe rather reasonahle contact with the
6,
Jut ie Stone
rumher 11I1I001'"unly ('hi Idr.." '" Yotllh S.'rv j.;,,~
If> W""I tli~h Sf red
(~'rli"I., P~ I~Otl
('hi I<lren IlfJ'\ Youth CII~l''''(1rk"r i. tn te.1 ify "" 10 her knowlerlge "f I h., fltlni Iy
[HH"lltnt tn the ('hiloll.ine ref,'rral cl1l1c,'rrling .I..n"if"r nuff, Sh.. will II,""
1''',lify IIhout her "1l"",rYilt!,,n nf Ill,' mOlh,'r'. [lltr..nting "kith IInrl r,.latil1n"hi[l
with tIlt' chil,lr"n.
7, If nece'isllry, the .,ther''i le..nllge chll<lrt'n will testify liS to the
fllther''i instabi IIty /IIKI violent helmvinr.
Th" pllllnllff r"",,rve" th.. right tn "..II other witn,',,"e" u[lOrl re""'1OlIhle
not jce lo the court and counsel.
f.X1I11HTS
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Pertinent metliclll, "rlUCilt iOrlll1 , IIndll"Y nlher relevant record..,
Re'p..ct fully "uhm i lIed,
Jun" IH, lQQ6
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(}Lldl t LL,~~.
In;.o r"rey, I\ttnrrtj for Plaint Irf
L.i
I,FriAl. SF.RVICF.'I, INC.
R Irvine Row
Cllrl hIe, PA 170\.1
(717) NJ-lJ400
children through a third party who is II mutulll friend of the parties pending
resolution of the Protection From Abuse Hnd ('ustody IIction, but the father did
not respon,1 to her offers to see the chi hlren.
The mother was the primary carl'taker of the chi Idren prior to the pllrt ies'
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sepamt ion and has cont inued to he the primllry caretaker since the separat Ion.
Within two months of the sepnratlnn, the mother obtained part-time employment,
Ilnd in Apri I, tgel/i, moved to a full time 1'051 t ion 115 II bookkeeper. The chi Idren
are in the care of II privllte dllY cllre provider while she works,
On April g, 1996, the parties met for II cnnciliation conference with their
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respect ive counsel, llnel IIn interim custody schedule WIIS mutulllly agreed upon hy
the pllrt ieg pending the hellring nn this matter.
The fnther's medical history IInd violent behnvior have adversely affected
the children prior to the parties' sepllrntlon ami since the Interim custody
schedu I e commenced on May J, 1996.
Tndirect Criminal Contempt charges are
pending with the {'umberland ('ounty District Attorney's Office liS a result of an
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incident of IIlll1se which occurred on or IIhout Apri I 21, 1996, during the transfer
of cus tody,
The fllther hilS not IIcted in the chi Idren's best interest by
cant Inu ing to expose them to violent behllvior,
II. T SSUES
A. Whether it is in the best interest of the children to remain
in the primnry custody of their mother who has been the children's
primary caretaker since their births and who has provided and can
continue to provide for their physical IInd emotional needs,
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inc Iud I ng Il s tllb Ie envi ronment.
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f\, Whether it is in tht: chi Irlren's best interest that the contllct
with their fAther he limited becAuse or his instability and violent
hehavlor.
rrr. PLArNTrFF'~ WITNESSES
1.
MIIrlene E. Durr
:1 Smi th ROlld
Gardners, PA 17324
Thl! mother wi II test ify ahout the care she has provided for the children since
their births and her ability to continue to provide for their physical lInd
emotional neerls including provision of a stllhle and nurturing environment.
2.
Nicole Toolllls
J Sm! th Road
Gardners, PA 17324
5.
Cheryl Shulenberger
8Q 5pring r,lIrden Estlltes
Carlisle, PA 17013
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The mother's dllughter hy II previolls mllrrillge is to testify about her mother's
ahi Ii ty to care for the ch i Idrl!n And hl!r mother's re lat ionshi p wi th the chi Idrl!n.
5he will also testify liS to her knowledge of the defendant.
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Frllnk Neumeyar
85 Wise lllne
Boiling Springs, PA 17007
The boyfriend of Ms, Thomlls is expecterl to testify IIhout the mother's ability to
care IInd provide for the children's needs, and about the mother's rellltionship
with the children, He will also testify as to his knowledge of the defendant.
4.
Sherry Wilson
III Wl!st Ridge Street
ea rI is Ie, PA 17013
The children's day care provider is to testify about her relationship with the
chi Idren "nd the mother, her ohservance of the mother's parenting skills, and
the mother's relationship with the children. She will also testify liS to her
know I edge of the defendant.
The mother's friend is to testify ahout the mother'~ ability to care for the
children lIod the mother's relationship with the chilrtren, She will also testify
liS to her knnwledgE' ,'f the defendllnt,
6,
Jul Ie Shme
C'umhl.'r Illnd Cl'unty Childrl.'n & Youth SHV kl.'~
16 Wl.'st High ~treet
carl is Lt" PA POD
('hi Jdren llnd Your,h caseworker 15 to te'3t ify as to her knowledge of the fami Iy
nur_ultnt to the ('hildI.ine rtlferral concern!n" Jennifer IJuff. She will also
i..,tify ahnut her ohservlltion of the mother's pMentlng skills and relationship
wi III tho; chi Jdren.
7. If neces'l/lrY. the ...ther's teennge l:hi Idren will test I fy as to the
father's instability nnd violent behavior.
EXHIBITS
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The [llnintiff reserve' the right to call other wltnesse'3 upon reasonable
not I ce to the court lind cnunse I.
Pertinent medical, educational, Ilnd any other relevant records.
Respectfully submitted,
June IR. 1996
Ut ~ 1.1 (<t UtI..
J04n Carey, Attornt~ for Plaintiff
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LfrJAl. SERVICES, INC.
8 Irvine ROW
Carlisle, PA 17013
(7 P) 2,.3-9,.00
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RALPH L. DUFr, JR.. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
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MARLENE E. ourr, CIVIL ACTION - LAW
Defendant I NO. 96-881 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 12th day of July, 1996, the hearing
in this case concluded today at about 12:45 p.m, Pending a
written decision, the Court directs that the parties continue
the present partial custody that is now in existence.
By the court,
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Harold E. Sheely, P.J.
Samuel L. Andes, Esquire
For the Plaintiff
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Joan E. Carey, Esquire
For the Defendant
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5ENTJI'i.f .AX
The Honorable Harold E, Sheely
Preslllent JudUe
COllrt of Common Pleas
1 Courthouse Square
Carlisle, PA 17013
RE: Ralph L. Duf(, Jr" VS. Mnrlene E, Durl
No, 96.881 CIvil Term
Dear Judge Sheely:
Enclosed is my h(hlllng memorandum In the llbove malter, which IS
scheduled lor a custody hearing bolors you on Wednesday afternoon, Thank you
lor your cooperation,
Sincerely,
Samuel l. Andes
Ie
E.ncl05ure
cc'
Joan Carey, Esqurre
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RAlPH I., OUFF, JR.,
Plaintiff
IN THE COUA r OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNS YL VANIA
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NO, 96.881 CIVIL TERM
IN DIVORCE
vs,
CIVIL AC nON. LAW
MAflLENE E. DUFF.
Defendant
MEMQRANDUM.Qf_PLAINTIEF~ RALeH.LtlufE~.m,
AND NOW COfllt)!l the <1bOVenillnud Plaintiff, by his attorney, Samuel L.
Andes, and files the following Mernorandlllll for the hearing scheduled for :l July
1996
L ~_~lNIlEF~S_PQSIIlQNQNC.USTQQY
The Plaintiff is tho natural father of the children and has participated in their
care from the date of their birth, Because of the work schedules of the parents
currently, he IS monl available to provide for them on a reglllar and consistent basis
than IS the mother. In addition, he believes that he can provide a more stable,
lOVing and effective home environment for the children, Fat that reason he seeks
primary physical custody,
The fmher is also willing to accept an arrangement of shared custody which
Ii has the children staying with him for 50 percant or more of the time. Again, the
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4. Tim Hand. Millersburg. Pennoylvanra, Mr. Hand works with
the fathBr and knows him closely. He hilS seen the father and tho
children together several times over the past few months anr! will
testify about the father's fitness <IS <I custodial parent.
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Flespectflllly SlIbmiltfJd,
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Samuel L. Andes
Attorney for Plaintiff
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< TRANSACTION REPORT >
07-01-1996"IONl 12: 30
NO.
3234
DATE T 1~1E
7-01 12'27
DESTINATION STATION
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if you believe you arc 1101: the intended recipient, please notify
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(END O~' COVER SHEE'rl
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RALPH L. DUFf', JR., IN THE COURT OF cct1MON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
vs. NO. 96-881 CIVIL TERM
,
.
MARLENE E. DUFF, .
.
Defendant : IN CUSTODY
mom 011' ClXJR1'
AND tDI, this ,),,). /lei
upon consideration of the attached
ordered and directed as follows:
1. A Hearing is scheduled in courtroom number /f . of the
Cumberland County Court House, on the j ';" L I day of '!.../ u / '/ ,
1996, at I.' ,1/) L.m. o'clock, at which time testimony will be taken in
this case. At the Hearing, the Father shall be deemed to be the moving
party and shall proceed initially with testimony. Counsel for the parties
shall file with the Court and opposing counsel a memorandum setting forth
each party's position on custody and also setting forth a list of witnesses
who will be called to testify at the Hearing along with a SUlllTlary of the
anticipated testimony of each witness. This memorandum shall be filed at
least fifteen (15) days prior to the Hearing date.
day of -'.:If! _7 , . L
Custody conclltation
, 1996,
Report, it is
2. Pending further order of the Court or agreement of the parties, the
Father, Ralph L, Duff, Jr., and the Mother, Marlene E. Duff, shall have
shared legal custody of Jennifer Duff, born May 7, 1992 and Garrett Duff,
born March 25, 1993. The Mother shall have primary physical custody of the
Children.
3. Until May 3, 1996, the Father shall have partial custody of the
Children on the following schedule: Every Saturday and Sunday from 10:00
a.m. until 7:00 p.m. each day, every Monday from 9:00 a.m. until 9:00 p.m.
and every Wednesday from 12:00 noon until 5:00 p.m. Notwithstanding the
foregoing, the Mother shall have custody of the Children on Easter Sunday.
4. Beginning May 3, 1996, the Father shall have partial physical
custody of the Children on the following schedule: On alternating weekends
from Friday at 4:00 p.m. until the following Tuesday at 8:00 a.m, and every
week from Monday at 4:00 p.m. until the following Tuesday at 8:00 a.m. The
Father shall return the Children to their childcare provider on Tuesday
mornings. The Mother shall have custody of the Children on the weekend
beginning May 3, 1996 and the Father's first period of weekend overnight
custody shall begin on May 10, 1996.
5. During exchanges of custody at the Mother's residence, the Father
shall remain in his vehicle, except as necessaLY to secure the Children in
their car seats, and coomunications with the Mother by telephone or in
writing shall be limited to matters concerning the Children. To the extent
the provisions of this Order are inconsistent with the ~ustody provisions of
the Temporary Protective Order previously entered by this Court under docket
number 95-6976, this Order shall supersede the prior Order.
6. Both parties shall administer all prescribed doses of their son's
anticonvulsant medication to the Child during their respective periods of
custody.
7.
consent.
control.
The parties may modify the provisions of this Order by mutual
In the absence of mutual consent, the terms of this Order shall
8. At any time prior to the scheduled Hearing in this matter, either
party may contact the Conciliator to schedule a second Conciliation
Conference if it appears that the parties will be able to resolve all
custody issues by agreement without the necessity of a Hearing,
BY HE COURT,
eLL, F
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cc: Samuel L. Andes, Esquire
Joan Carey, Esquire
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RALPH L. DUFF, JR.,
Plaintiff
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IN CUSTODY
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO, 96- ~i(1
CIVIL TERM
MARLENE E. DUFF,
Defendant
ORDER OF COURT
AND NOW, j:..-h dC,), 1996, upon consideration of the
'attached complaint, it is hereby directed that the parties and their
, respective counsel appear before _f),.......)f\ <; ,S"nJc..'1 ,Esquire, the
.
',conciliator, at 3 9 W """in Sf, MH &n~ C~bf"lr4
, Pennsylvania, on I'-'.~,",\"Y the ---.2.-:B.- day of fJpr,' I ,1996,
at _~OO'" o',ei'ock .m., 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. Either party
may bring the child who is the sUbject of this custody action to the
i conference, but the children's attendance is not mandatory. Failure to
appear at the conference may provide grounds for entry of a temporary or
'permanent order.
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FOR THE COURT,
By 4A~~~ rSq
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N r
"m A LAWYE' O' 'ANNOT AFFO'D ONE. GO TO :: -:::::::' ::: '::FIOE' :ET .
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
I
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
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RALPH L. DUFF, JR.,
Plaintiff
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MARLENE E. DUFF,
Defendant
NO. 96-
IN CUSTODY
CIVIL TERM
CnMPt.ATNT FOR CUBTODY
AND NOW comes the Plaintiff. RALPH L. DUFF. JR" by his attorney,
Samuel L. Andes, and makes the following Complaint for Custody:
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1. The Plaintiff iB RALPH L. DUFF, JR., an adult individual who
jiresides in Mechanicsburg, Cumberland County, Pennsylvania, but whose
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',mailing address is 1170 Kingsley Road, Camp Hill, Pennsylvania.
2. The Defendant is MARLENE E. DUFF, an adult individual who resides
at 3 Smith Road, Gardners, Pennsylvania.
3. The Plaintiff and Defendant are husband and wife, having been
married on 21 December 1991 and separated on 29 November 1995.
:' 4. The Plaintiff and Defendant are the natural parents of two
'children, Jennifer Duff, born 7 May 1992, and Garrett Duff, born 25 March
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1993.
5. Plaintiff seeks custody of the minor children, Jennifer Duff and
Garrett Duff.
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6. The children were not born out of wedlock and are presently in
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the custody of the Defendant.
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7. During the past five years, the minor children have resided with
the fOllowing persons at the following addresses:
Hay, 1992 to
August. 1992
Plaintiff and Defendant and
Defendant's two children by a
prior marriage, Nicole Thomas,
born 5 June 1979, and Jack Barry
Thomas, born 26 August 1982
Wiscasset. HE
August, 1992,
to December,
1993
Plaintiff, Defendant, Nicoie
Thomas and Jack Barry Thomas
FrederiCkSburg, VA
December, Plaintiff , Defendant, Nicole
1993, to Thomas and Jack Barry Thomas
November, 1995
November, Plaintiff, Defendant, Nicole
1995, to Thomas and Jack Barry Thomas
December, 1995
316 Forge Road,
BOiling Springs, PA
3 Smith Road.
Gardners, PA
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December,
1995, to the
present
Defendant and her two children,
Nicole Thomas and Jack Barry
Thomas
3 Smith Road,
Gardners, PA
8. The father of the children is the Plaintiff who resides at the
addreBs set out above. He is married to the Defendant.
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9. The mother of the chiidren is the Defendant who resides at the
address set out above. She is married to the Plaintiff.
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10. The Plaintiff is the natural father of the children. Plaintiff
currently resides alone.
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11. The Defendant is the natural mother of the children. Defendant
currently resides with the children. Jennifer and Garrett Duff, and her
two children, Nicole and Jack Thomas.
11. The Plaintiff has not participated as a party or in any other
way in any litigation concerning the custody of the children in this or
any other court.
The Plaintiff has no information of a custody proceeding concerning
the children 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 with the said children.
13. The best intere&t and permanent welfare of the children will be
served by granting the relief requested by Plaintiff for the following
reasons:
A. He is better able to provide the children with a
stable home.
8. The Plaintiff is able to provide the primary care for
the children and has assisted in providing that primary care
since their birth.
C. The best interests of the children will be served by
awarding him primary custody of both children.
14. 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 aB parties to thiB action.
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,COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
RALPH L. DUFF, JR., being duly sworn according to law, deposes and
says that the facts set forth in the foregoing Complaint tor Custody are
\\~s
true and correct to the best ot ~ knowledge, information, and beliet.
~~~~ .
RALPH . DUFF, JR. ' '\:'
Sworn to and subscribed
before me this II" 'f\. day
of r:chr~ ' 1996.
, j...,~
Notar~ Public
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MARLENE E. DUFF,
Plaintiff
fN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
v.
NO.95- b97b
CIVIL TERM
RALPH L. DUFF, JR.,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, this -'i!!. day of December, 1995, upon presentation and consideration of
the within Petition, and upon finding that the plaintiff, Marlene E. Duff, temporarily residing
at an undisclosed location for her own protection and to avoid further abuse, is in immediate and
present danger of abuse from the defendant, Ralph L. Duff, Jr., the following Temporary Order
is entered. Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of the plaintiff and! or the children in the jurisdiction or district or furnish
any address, telephone number, or any other demographic infonnation about the plaintiffand!or
children except by further Order of Court.
The defendant, Ralph L. Duff, Jr., (SSN: 042-32-4792)(DOB: 12130/40), now residina
at 3 Smith Road, Gardners, Cumberland County, PeMsylvania, is hereby enjoined from
physically abusing the plaintiff, Marlene E. Duff, or placing her in fear of abuse.
The dcfendant is excluded from the marital residence located at 3 Smith Road, Gardneq,
Cumberland County, Pennsylvania. a residence which is jointly owned by the parties, and is
ordered to stay away from any residence the plaintiff may in the future establish for henelf.
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The defer..dant is ordered 10 refrain from having any direct or indirect contal;t with the
plaintiff or the plaintifr s minor children including. but not limited 10. telephone and written
communications.
The defendant is enjoined from harassing and sta1ldng tho plaintiff and from harassing
her relatives, or the minor children.
The defendant is enjoined from entering tho plaintiff's place of employment or the
schools of the plaintiffs minor children or the day care facility of tho minor children.
The defendant is enjoined from removing, damaging, destroying or xlling any property
owned jointly by the parties or owned by the plaintiff.
A violation of this Order may subject the defendant to: I) IIlTl!St under 13 Pa.C.S.
16113; Ii) a private criminal complaint under 13 Pa.C.S. 16113.1; Ill) a charge of indirect
criminAl contempt under 13 Pa.C,S. 16114. pUnishable by Imprlsomnent up to six months
and a floe of $100.00-$1,000,00; and Iv} dvil contempt under 13 Pa.C.S. 16114.1.
Resumption of co-residence on the part of the plaintiff and defendant shaD not noWy the
provisions of the court order.
This Order shall remain in effect until modified or terminated by the coun and can be
extended beyond its original expiration date if the Coun nnds that the deflmdant has comnlitted
an act of abuse or has engaged in a pattern or practice that intliV'If'''' risk of harm to the plaintiff.
Temporary custody of Jennifer L. Duff and Garrett S. Duff, is hereby awarded to the
plaintiff, Mariene E. Duff.
A hearing shall be held on this matter on the I~day of ~mber, 1995, at
/I Cf) (\ , m., in COl1l1rOom No..J.. Cumberland County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees pending a further order after the
hearing.
The Cumberland County Sheriffs Depanment shall attempt to make service at the
plaintiffs request and without pre-payment of fees, but service may be accomplished under any
applicable rule of Civil Procedure.
This Ordcr shall be docketed in the office of the Prothonotary and forwarded to the
Sheriff for service. The Prothonotary shall not rend a copy of this Order to the defendant by
mail.
The Pennsylvania State Police and any other appropriate police department shall be
provided with certified copies of this Order by the plaintiff's attorney. This Order shall be
enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal
contempt without Warrant upon probable cause that this Order has been violated, whether or not
the violation is committed in the presence of the police officer. In the event that an arrest is
IIUde, under this section, the defendant shall be taken without unnecessary delay before the court
that issued the order. When that court is unavailable, the defendant shall be taken before the
appropriate district justice. (23 P.S. 0 6113).
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
By the Court,
/.!j/ ~y/ C. ~;'
Judge
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" Prothonct3ry v
MARLENE E. DUFF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-
CIVIL TERM
RALPH L. DUFF, JR.,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
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NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages. you must take action promptly after this Petition, Order and Notice are served.
by appearing personally or by attorney at the hearing scheduled by the Court and presenting to
the Court your defenses or objections to the claims set forth against you. You are warned that
if you fail to do so the Court may proceed without you. and a judgment may be entered against
you by the Court without further notice for any money claimed in the Petition or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
FEE'.'; AND COSTS
If the case goes to hearing and the judgc grants a protection Order, a surcharge of $25.00
will be assessed against you. You may also be required to pay attorney fees to Legal Services,
Inc. for their representation of the plaintiff.
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 omce set forth below to ftnd out where you can
let legal help.
COURT ADMINlSTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTIiOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about acctSsible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least n hours prior to any hearing
or business before the court.
MARLENE E. DUFF,
Plaintiif
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: NO. 9'-
CIVIL TERM
RALPH L. DUFF, JR.,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
'EIIIION FOR PROTECTION ORDER
AND CUSTODY
pF.J ,IF.F UNDER 11IE PROTECTION FROM ABUSE
ACT, 23 P.S. t 6101 et seq.
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A. ABUSE
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1. The plaintiff, Marlene E. Duff, is an adult individual temporarily staying at an
undisclosed location for her own protection and 10 avoid further abuse as is more fully set forth
herein. This address will be furnished to the coun upon request.
2. The defendant, Ralph L. Duff, Ir., (SSN: 042-32-4792)(DOB: 12/30/40), is an
adult individual residing at3 Smith Road, Gardncrs, Cumberland County, Pennsylvania, 17324.
3. The defendant is the husband of the plaintiff.
4. Since approximately 1993, the defendant has attempted 10 cause and has
intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the
plaintiff in reasonable fcar of imminent serious bodily injury, and has knowingly engaged in a
course of conduct or repeatedly committed acts toward the plaintiff, under cUcumstlnccs which
have placed the plaintiff in reasonable fcar of bodily injury. This has included, but Is not limited
to, the following specific instlnccs of abuse:
a) On or about November 29, 1995, the defendant charged toward the
plaintiff with his fists clenched at his sides, pushed against her with his chest,
grabbed her by the throat with both his hands, pushed her backward over the
kitchen sink and choked her. The defendant released the plaintiff when the
plaintiffs daughter and her boyfriend came into the kitchen after hearing her
scream. Fearing further abuse, the plaintiff dia1ed 911 for assistance. The
defendant snatched the telephone from her hand and jerked the telephone cord out
of the receiver, but not before the call was dispatched to the Pennsylvania Stale
Police. When the plaintiff told the defendant she was leaving because of his
abusive behavior, he threatened her saying, .You're lucky that's all I did to you. .
The plaintiff sustained soreness about her neck as a result of this incident. The
plaintiff and her four children left the home and have been staying at an
undisclosed location since this incident for their protection and to avoid further
abuse.
b) On or about November 4, 1995, the defendant went to the residence where
the plaintiff and her children had gone the day before to avoid abuse and
threatened her saying, .If you luck with me, I just might have to Idll you,.
causing the plaintiff to fear for her safely.
c) In or about July of 1995, the defendant threatened to Idll himself with one
of his guns.
d) On or about April 16, 1995, the defendant became angry, slammed the car
doors and punched the side of the car. The plaintiff, who was inside the car with
her children, feared for their safely.
e) Since approximately 1993, the defendant has abused the plaintiff in ways
includin" but ~ot limited to, pushing lIer about with his chest, grabbing her by
the arms, intimidating the plaintiff and the children by pulling his fist back as if
to strike the plaintiff or the children, slamming his fists on the table, throwing
household objc:c:u, and punching walls. In addition, the defendant, who was an
explosives expert in the military, has made threats to the plaintiff includin" but
not limited to, telling her that with his knowledge he could easily wire a car to
explode when the door opens or a toilet seat to explode when 5at upon, causing
the plaintiff to fear for her safety and that of her children.
S. On or about November 29, 1995, the plaintiff and the four minor children left
their residence at3 Smith Road, Gardners, Cumberland County, Pennsylvania, in order to avoid
further abuse.
6. The plaintiff believes and therefore avers that she is in immediate and present
danger of abuse from the defendant should she return to the home without the defendant's
exclusion and that she is in need of protc:c:tion from such abuse.
7. The plaintiff desires that the defendant be prohibited from having any diIc:c:t or
indirect contact with the plaintiff including, but not limited to, telephone and written
communications.
8. The plaintiff desires that the defendant be enjoined from harassing and stalking
the plaintiff, and from harassing her relatives, or the minor children.
9. The plaintiff desires that the defendant be restrained from entering her place of
employment or the schools of her minor children or day care facility of the minor children.
10. The plaintiff deilies that the defendant be enjoined from removing. damaaing.
destroying or selling any pro~ny owned jointly by the parties or owned by the plaintiff.
B. EXCLUSIVE POSSESSION
II. The home from which the plaintiff is asking the Court to exclude the defendant
is owned in the names of Marlene E. Duff and Ralph L. Duff, Ir.
12. The plaintiff currently has no place to stay with her children except the marital
home. The defendant has sufficient income to afford to rent a room or an apartment if he
chooses not to stay with friends in the area.
13. The plaintiff desires possession of the home so as to give the greatest degree of
continuity to the lives of the children and to allow them to continue their education at their
schools and to continue their school and social activities.
14. The plaintiff desires the defendant to provide suitable alternate housing for her and
the minor children.
C. SUPPORT
15. The defendant has a duty to support the plaintiff and the parties' minor cbi1dren.
16. The plaincff is in need of financial support from the defendant includinC, but not
limited to: health insurance coverage, payment of unreimbursed medical expenses for the
plaintiff and the children, the mortgaae payment on the residence at 3 Smith Road, Qardners,
Cumberland County, Pennsylvania.
17. The defendant is employed by the Commonwealth of Pennsylvania and receives
an annual salary of approximately $20,000, and in addition, receives monthly cbecb for
approxirnztely $1,085 ($13,020 annually) in disability payments from the military, and S126
($1,512 annually) in retirement pay from the military. A total of approximately $34.532
annual1 y .
18. The pJaintiff's income is insufficient 10 provide for her minimal needs and those
of the children until such time as a support order can be otltained by filing at the Domestic
Relations Office.
19. The plaintiff intends to petition for support within two weeks of the issuance of
a protective order.
D. ATI'ORNEY FF.F.Cl
20. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees
to Legal Services. Inc.
E. TEMPORARY CUSTODY
21. The plaintiff seeks temporary custody of the following children:
&m
Present Residence
All:
Jennifer L. Duff
undisclosed location
3 years old
DOB: May 7, 1992
2 years old
DOB: March 25. 1993
Garren S. Duff
undisclosed location
The children were not born out of wedlock.
The children are presently in \he custody of the plaintiff, Marlene E. Duff. who is
temporarily residing at an undisclosed location.
Since their births the children have resided with the following penons and at the
,
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Plaintiff, defendant, plaintitrs
children from previous marriage,
Nicole Thomas and lack Thomas
3 Smith Road
Oardnen, PA
November 29, 199~ to present
November 10, 199~
to November 29, 199~
Plaintiff
undisclosed location
Plaintiff, Nicole Thomas, Jack 406 Raymond Drive
Thomas, plaintiffs friends, Donna Boiling Springs, PA
and Mark Burkhead, and their son, Jason
November 3, 1995
to November 10, 199~
Plaintiff, defendant, Nicole,
and Jack
3 Smith Road
Oardnen,PA
October 3D, 199~
to November 3, 1995
Plaintiff, defendant, Nicole,
and Jack
316 Forge Road
Boiling Springs, PA
7113 Sharon Road
Fredericksburg, VA
December, 1993
to October 30, 1995
Plaintiff, defendant, Nicole,
and lack
August, 1992
to December, 1993
Plaintiff, defendant, Nicole,
and lack
Bradford Road
Wiscasset, ME
May 7, 1992
to August, 1992
The plaintiff, the mother of the children, is Marlene E. Duff, C'iI1TeIItly residing at an
undisclosed location for her own protection and to avoid further abuse.
She is married.
The plaintiff currently resides with the following penons:
~
Relationship
Nicole Thomas
lack Thomas
lennifer Duff
Oarrett Duff
her daughter
her son
her daughter
her son
The defendant, the father of the children, is Ralph E. Duff, lr., currently mfdillg 113
Smith Road, Oardnen, Cumberland County, Pennsylvania.
He is married.
The defendant cunently resides alone.
22. The plaintiff has not previously participated in any UligatiDn concerning custody
of the above mentioned children in this or any other Court.
23. The plaintiff has no knowledge of any custody proceedings concerning these
children pending before a court in this or any other jurisdiction.
24. The plaintiff does not know of any person not a party to this action who has
physical custody of the children or claims to have custody or visitation rights with respect to the
children.
25. The best interest and permanent welfare of the parties' minor children will be met
if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons
including:
a. The plaintiff is a responsible parent who can best take care
of the minor children and has provided for the emotional and
physical needs of the children since their binhs.
b. The defendant has shown by his abuse of the plaintiff that
he is not an appropriate role model for the minor children.
c. The defendant's behavior has adversely affected the
children.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7, 1976,23 P.S. 16101 Cl ml., as amended, the plaintiff prays this Honorable Court to pull
the following relief:
._06_
. .
.
A. Orant a Temporary Order punuant to !be "Protection from Abuse Act:"
1. Qrdering the defendant to refrain from abusing the plaintiff and/or
the minor children or placing her in fear of abuse;
2. Ordering the defendant to refrain from having any direct or
indirect contact with the plaintiff or the plaintiff s minor children
including. but not limited to, telephone and written communications;
3. Ordering the defendant to refrain from hanwing and stalldng the
plaintiff and from harassing her relatives and the minor children;
4. Prohibiting the defendant from entering the plaintiffs place of
employment or the schools of the plaintiff's minor children or the day care
facility of the minor children;
S. Prohibiting the defendant from removing, damaging, destroying or
se1Iing I'IOperty jointly owned by the parties or owned by the plaintiff;
6. Oranting possession of the home located at 3 Smith Road,
Qardners, Cumberland County, Pennsylvania, to the plaintiff to the
exclusion of the defendant pending a final order in this matter;
7. Ordering the defendant to stay away from the plaintiff's cunent
residence which is at an undisclosed location for the plaintiff's plOlCCtion.
which the parties have never shared;
8. Ordering the defendant 10 stay away from any residence !be
plaintiff may in the future establish for herself;
9. Ordering the defendant to provide suitable alternate housing for the
plaintiff .and the minor children, and
10. Oranting temporary custody of the parties' minor children to the
plaintiff.
B. Schedule a hearing in accordance with the provisions of the .protection from
Abuse Act,. and, after such hearing. enter an order to be in effect for a period of one year:
1. Ordering the defendant to refrain from abusing the plaintiff or
p!lU:ing her in fear of abuse.
2. Ordering tile defendant to refrain from having any direct or
indirect contact with the plaintiff including, but not limited to. telephone
and written communications, except to facilitate custody arrangemenu.
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives and the minor children.
4. Prohibiting the defendant from entering the plaintiffs place of
employment or the schools of the plaintiff 5 minor children or the day care
facility of the minor children.
S. Prohibiting the defendant from removing, damaging, destroying or
selling I'I13perty jointly owned by the parties or owned by the plaintiff.
6. Oranting possession of the home loc"IM at 3 Smith Road,
Oardners, Cumberland County, Pennsylvania, to the plaintiff to !be
exclusion of the defendant.
-....'
COUNT D
CUSmDY UNDER ~SYLVANIA CUSTODY LAW
26. The allegations of Count I above are incorporated herein as if fully set forth.
27. The best interest and permanent welfare of the minor children wI1l be served by
confinning custody in the plaintiff as set forth in Paragraph 2S of the Petition.
WHEREFORE, pursuant to 23 P.S. I 5301 ~ sq., and other applicable rules and law,
ule plaintiff prays this HonoJ:1lble Court to award custody of the minor children to her.
The plaintiff prays for such other relief as may be just and proper.
Respectfully submitted,
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RALPH L. DUFF, JR., ) IN 'fHE COURT OF COMMON
Plaintiff ) PLEAS ot' CUMBERLAND COUN'rV.
) PENNSYLVANIA
)
VI. I CIVIL ACTION - LAW
I ql..
I NO. .{;'5-88 1 CIVIL TERM
MARLENE E. DUFF, )
Defendant ) IN CUSTODY
APPTnAVIT OP II~.VYCR BY CRRTIFTl'.n MA 1[.
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ROSEMARIB QUICKEL. beIng duly sworn according to law. deposes and says as
tollows:
1. That she is an e.ployee of Samuel L. Andes. attorney tor the Plaintiff
herein.
J. That on J7 February 1996. she delivered to the U.S. Postal Service in
I,elloyne. Pennsylvania. as certified mail (Receipt No. P376-l8J-90l). return receipt
requested. addressed to the Defendant herein. a true and correct copy of the COMplaint
in Custody filed in the above-captioned action duly endorsed with a Notice to Defend in
the custody action and further providing an Order of Court SCheduling a Conciliation
Conference in this action.
3. Said retu.n receipt card is attached hereto as Exhibit A shoving a date of
delivery to the Defendant of 5 March 1996.
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Sworn to and subscribed
before me this /8 ~ day
of .;e'.....!, ,1996.
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RALPH L. DUFF, JR. , t
Plaintiff I
f
V. I
I
MARLENE B. DUFF, I
Defendant I
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-0881 CIVIL TERM
CIVIL ACTION - LAW
AND NOW,
IN REI CUSTODY
BIPOREI SHIILY. P.J.
ORDIR OP COURT
this ~day of SEPTEMBER, 1996,
after completion
of a custody hearing held on July 12, 1996, the Court directs
that the Father, Ralph L. Duff, Jr., and the Mother, Marlene E.
Duff, shall have shared legal custody of Jennifer Duff, born May
7, ]992, and Garrett Duff, born March 5, 1993. The Mother shall
have primary physical custody of the Children. The Father shall
have partial physical custody of the Children as per the Order of
April 22, 1996, paragraph 4. The Court directs that c~unsel work
out a holiday schedule for partial custody with Father as well as
a schedule for summer vacation based upon his vacation time from
work. If this cannot be accomplished, an order will be entered
covering these items upon notification by either counsel.
During exchanges of custody at the Mother's residence, the
Father shall remain in his vehicle, except as necessary to secure
the Children in their car seats, and communications with the
Mother by telephone or in writing shall be limited to matters
concerning the Children. To the extent the provisions of this
Order are inconsistent with the custody provisions of the
Temporary Protective Order previously entered by this Court under
docket number 95-6976, this Order shall supersede the prior
Order.
Both parties shall administer all prescribed doses of their
son's anticonvulsant medication to the Child during their
respective periods of custody. The Father shall not use
excessive force in disciplining the two Children.
The parties may modify the provisions of this Order by
mutual consent. 1n the ~bsence of mutual consent, the terms of
this Order shall control.
Samuel L. Andes, Esquire .
For the Plaintiff ~
Joan E. Carey, Esquire ' I 1461
For the Defendant ~ ~
1B1d
By lh Court '" "
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Harold B. Sheely,'
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RALPH L. DUFF, JR. , I IN THE COURT OF COMMON PLEAS OF ;..
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
V. I
I
MARLENE E. DUFF, I NO. 96-0881 CIVIL TERM
Defendant I
I CIVIL ACTION - LAW
Ilil u: I CUSTODY
BEFORE I SHIILY. P.J.
MBMORA1f1)UM OPI.ION UD ORDIR OF COURT
Before the Court for disposition is a custody case. The
background of this case may be summarized as follows. Mr. Duff,
fifty-five (55) years of age and Mrs. Duff, thirty-six (36) years
of age were married on December 21, 1991, and separated on
November 29, 1995. Both parties were previously married, and
each has children from these marriages. Mr. Duff has three older
children, and Mrs. Duff two children, Nicole, age seventeen (17)
and Jack, age thirteen (13); Nicole and Jack have resided with
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the parties since their marriage.
The parties have two children together: Jennifer, age four
(4) and Garrett, age three (3). Since the separation, the two
children have resided primarily with their mother. On December
6, 1995, by Order, this Court gave temporary custody of Jennifer
and Garrett to Mrs. Duff. Mr. Duff subsequently filed a
complaint for custody of the children on February 16, 1996. Dawn
s. Sunday, Custody Conciliator, held a conference with the ,
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parties on April 1, 1996, but no permanent agreement was reached.
The parties did agree to a temporary order pending a hearing
before this Court on July 3, 1996. Essentially, the temporary
NO. 96-0991 CIVIL ACTION - CUSTODY
order gave shared legal custody to each parent and awarded Mrs.
Duff primary physical custody of both children.1
The hearing on this matter was completed on July 12, 1996,
from which the Court makes the following dsterminations: Mr.
Duff retired after thirty years of military service and is now
employed by the Commonwealth of Pennsylvania as a maintenance
mechanic, working prima~ily Monday through Friday from 7:00 a.m.
to 3:00 p.m. He receives two (2) weeks vacation. Mr. Duff lives
alone in a two bedroom apartment in Cumberland County. When the
children are in his custody, they receive proper food, and the
apartment has adequate facilities for them.
Mrs. Duff also resides in Cumberland County with her four
children, in the house which she owns with Mr. Duff. Mrs. Duff's
boyfriend Joe Johnson, age twenty-eight (28), has resided full
time in the house since March 1, 1996. Mrs. Duff works 8:00 a.m.
to 5:00 p.m. five days a week at a car dealership and also works
part time at Kay Jewelers.
Both parties use the same child care provider for the two
younger children when they are in their custody. The day care
Specifically, Paragraph 4 provides:
4. Beginning May 3, 1996, the Father sh~ll have partial
physical custody of the Children on the following schedule: On
alternating weekends from Friday at 4:00 p.m. until the following
Tuesday at 8:00 a.m. and every week from Monday at 4:00 p.m.
until the following Tuesday at 8:00 a.m. The Father shall return
the Children to their childcare provider on Tuesday mornings. The
Mother shall have custody of the Children on the weekend
beginning May 3, 1996 and the Father's first period of weekend
overnight custody shall begin on May 10, 1996.
1
2
NO. 96-0881 CIVIL ACTION - CUSTODY
provider indicated that Jennifer has recently b&come very
aggressive to the other children and if this continues, she will
not be able to provide child care for her. Garrett appears to be
well adjusted. Mrs. Duff has made an appointment for the
children at the Helen Stevens Mental Health Center in Carlisle.
The Court also notes that there is presently a temporary
P.F.A. order in favor of Mrs. Duff and against Mr. Duff. It
appeara certain that these parties are not going to reconcile and
the separation will be permanent.
In view of the hearing testimony, the Court finds that Mr.
Duff should not have primary custody of the children. The
present partial custody order for the two children with Mr. Duff
is adequate and in the best interests of thee two children. The
Court also directs that Mr. Duff should keep his physical
discipline of the two children within reason because the marks on
them may represent excessive force in consideration of their
ages of three (3) and four (4). The Court further directs that
Mr. Duff should continue Garrett's medication while the child is
in his custody. Finally, the Court directs that counsel work out
a holiday schedule for partial custody with Mr. Duff as well as a
schedule for summer vacation based upon his vacation time from
work. If this cannot be accomplished, an order will be entered
covering these items upon notification by either counsel.
3
NO. 96-0881 CIVIL ACTION - CUSTODY
ORDER or COURt
AND NOW, this l~tlJday of SEPTEMBER, 1996, after oompletion
of A custody hearing held on July 12, 1996, the Court direots
that the Father, RAlph L. Duff, Jr., and the Mother, MArlene E.
Duff, shall have shared legal custody of Jennifer Duff, born May
7, 1992, and Garrett Du~f, born March 5, 1993. Th~ Mother shall
have primary physioal cuetcdy of the Children. The Father shall
have p~rtial physioal custody of the Children as per the Order of
April 22, 1996, paragraph 4. The Court direots that counsel work
out a holiday schedule for partial custody with Father as well as
a sohedule for summer vacation based upon his vacation time from
work. If this cannot be accomplished, an order will be entered
covering these items upon notification by either counsel.
During exchanges of custody at the Mother's residence, the
Father shall remain in his vehicle, except as necessary to secure
the Children in their car seats, And oommunications with the
Mother by telephone or in writing shall be limited to matters
concerning the Children. To the extent the provisions of this
Order are inconsistent with the custody provisions of the
Temporary Protective Order previously entered by this Court under
docket number 95-6976, this Order shall supersede the prior
Order.
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RALPH L. DUFF, JR.,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 96.881 CIVIL TERM
IN CUSTODY
vs.
MARLENE E. DUFF,
Defendant
ORDER OF COURT
AND NOW, this \ l\ day of j\,..fj S.> \; ,1998, upon consideration of the
Complaint filed in this matter, it is hereby directed that the parties and their respective
,
counsel appear before ll."....r, .', .\ (\(,\,,,,t--' the conciliator, at's11.-J. Hn,('j
\t. I \'\et\q'\\C ",0 ...~ ' Pennsylvania. on\'p,\..( ':J ,the \'1 day of
.. ..i'~>\nr\\'f' ( ,1998, at \ \ o'clock '-l.,.m. 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 a temporary order. All children aged five or older may also be present at the
conference. 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249.3166
FOR THE COURT.
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RALPH L. DUFF, JR.,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 96.881 CIVIL TERM
IN CUSTODY
vs.
MARLENE E. DUFF,
Defendant
PETITION TO MODIFY
AND NOW comes Ralph L. Duff, Jr., by his attorney, Samuel L. Andes, and petitions
the Court to modify the prior Order of custody in this matter, based upon the following:
1. The Petitioner herein is Ralph L. Duff, Jr. The Respondent herein is Marlene E.
Duff, whose current address is 512 Franklin Street in Carlisle, Cumberland County,
Pennsylvania.
2. The parties are the parents of two minor children who are the subject of the prior
Orders entered in this matter. Attached hereto and marked as Exhibit A is a copy of the
prior Order in this case.
3. Since the entry of the prior Orders, the circumstances of the parties and the
children have changed and Petitioner now seeks to modify the prior Order in this action to
give him primary physical or at least shared physical custody of the two minor children.
4. Petitioner believes that the modification he seeks will be in the best interest of
the minor children for the following reasons:
A. The Petitioner has established a solid and loving relationship with
both of the minor children and the children will benefit from spending more
time with Petitioner.
B. Since the prior Order, the Respondent has obtained employment
and is no longer available to be with the children all the time.
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C. The Respondent's two children by a prior marriage, who are the
stepbrother and stepsister of the children who are the subject of this
litigation, no longer reside with the Respondent and are no longer part of the
children's home and environment.
D. The Respondent has exposed the minor children to her
irresponsible lifestyle and the instability of her life and home, to the
detriment of the children.
E. Petitioner is better able to provide the stability and care that the
children need.
5. Petitioner believes it will be in the best interest of the two minor children that he :
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be awarded primary physical custody, or at least equally shared physical custody of the
minor children.
WHEREFORE, Petitioner prays this Court to award him primary physical custody of
the minor children in this action.
~~
amuel tAndes
Attorney for Petitioner
Supreme Court 10 # 17225
525 N. 12th Street
Lemoyne, Pa 17043
(717) 761.5361
COMMONWEALTH OF PENNSYLVANIA )
( 55.:
COUNTY OF CUMBERLAND )
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II facts set forth in the foregoing Petition to Modify are true and correct to the best of his
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Ralph L. Duff, Jr., being duly sworn according to law, deposes and says that the
knowledge, information. and belief.
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Sworn to and subscribed
before me this (, -If.. day
of /-hA.J'c.vf: . 1998.
Ii _ ~<.~ f1", ,,,j.1I!
" Notary Public. C/
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NOTARIAL SEAl.
LYNN EHREMfELO, NoIaIy Public
Lomayne BolO. cumbertanil County
My Commlsalon Elcplree Aug.17,2000
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RALPH L. DUFF, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN'l"i, PENNSYLVANIA
vs.
NO. 96-881
CIVIL TERM
MARLENE E. DUFF,
Defendant
IN CUSTODY
ClIDER OF OXIRT
AND mw, this .::l ~ ".,t
upon consideration of the attached
ordered and directed as follows:
day of 0 h"..1!..
Custody concl1liation
,
Report,
1996,
it is
1. A Hearing is scheduled in courtroom number ~
CUJl'berland County Court House, on the .3 ...,{. day of ( LLL,
1996, at I:c'o -Em. o'clock, at which time testimony w r be'taken in
this case. At the Hearing, the Father shall be deemed to be the moving
party and shall proceed initially with testimony. Counsel for the parties
shall file with the Court and opposing counsel a memorandum setting forth
each party's position on custody and also setting forth a list of witnesses
who will be called to testify at the Hearing along with a SUlllll8ry of the
anticipated testimony of each witness. This memorandum shall be filed at
least fifteen (15) days prior to the Hearing date.
of the
2. Pending further order of the Court or agreement of the parties, the
Father, Ralph L. Duff, Jr., and the Mother, Marlene E. Duff, shall have
shared legal custody of Jennifer Duff, born May 7, 1992 and Garrett Duff,
born March 25, 1993. The Mother shall have primary physical custody of the
Children.
3. Until May 3, 1996, the Father shall have partial custody of the
Children on the following schedule: Every Saturday and Sunday from 10:00
a.m. until 7:00 p.m. each day, every Monday from 9:00 a.m. until 9:00 p.m.
and every Wednesday from 12:00 noon until 5:00 p.m. Notwithstanding the
foregoing, the Mother shall have custody of the Children on Easter Sunday.
4. Beginning May 3, 1996, the Father shall have partial physical
custody of the Children on the following schedule: On alternating weekends
from Friday at 4:00 p.m. until the following Tuesday at 8:00 a.m. and every
week from Monday at 4:00 p.m. until the following Tuesday at 8:00 a.m. The
Father shall return the Children to their childcare provider on Tuesday
mornings. The Mother shall have custody of the Children on the weekend
beginning May 3, 1996 and the Father's first period of weekend overnight
custody shall begin on May 10, 1996.
5. During exchanges of custody at the ~lother's residence, the Father
--.I.
shall remain in his vehicle, except as necessary to secure the Children in
their car seats, and cOll11lunications with the Mother by telephone or in
writing shall be limited to matters concerning the Children. To the extent
the provisions of this Order are inconsistent with the custody provisions ot
the Temporary P~otective Order previously entered by this Court under docket
number 95-6976, this Order shall supersede the prior Order.
6. Both parties shall administer all prescribed doses of their son's
anticonvulsant medication to the Child during their respective periods ot
custody.
7.
consent.
control.
1'he parties may modify the provisions of this Order by mutual
In the absence of mutual consent, the terms ot this Order shall
B. At any time prior to the scheduled Bearing in this matter, either
party may contact the Conciliator to schedule a second Conc~liation
Conference if it appears that the parties will be able to resolve all
custody issues by agreement without the necessity ot a Bearing.
BY TilE COURT,
IJI ..,,J,,,, c,t l. AA.cclj
J.
cc: Samuel L. Andes, Esquire
Joan Carey, Esquire
TRUE COpy FROM RECORD
In fesl/many Y!h~reof, J hire unto set my hand
and 'he seal of saId Court at Carlisle P2
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Thl. ,..Rl.il.:~,..... d~y of...t.lJl.li.C...., 19..Z~
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4-~:' ProlhonolifY
NO. 96-0881 CIVIL ACTION - CUSTODY
ORDER OF COURT
AUD NOW, this ~~day of SEPTEMBER, 1996, after completion
of a custody hearing held on July 12, 1996, the Court directs
that the Father, Ralph L. Duff, Jr., and the Mother, Marlene E.
Duff, shall have shared legal custody of Jennifer Duff, born May
7, 1992, and Garrett Duff, born March 5, 1993. The Mother shall
have primary physical custody of the Children. The Father shall
have partial physical custody of the Children as per the Order of
April 22, 1996, paragraph 4. The Court directs that counsel work
out a holiday schedule for partial custody with Father as well as
a schedule for summer vacation based upon his vacation time from
work. If this cannot be accomplished, an order will be entered
covering these items upon notification by either counsel.
During exchanges of custody at the Mother's residence, the
Father shall remain in his vehicle, except as necessary to secure
the Children in their car seats, and communications with the
Mother by telephone or in writing shall be limited to mattere
concerning the Children. To the extent the provisions of this
Order are inconsistent with the custody provisions of the
Temporary Protective Order previously entered by this Court under
doc~et number 95-6976, this Order shall supersede the prior
Order.
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RALPH L. DUFF, JR.,
PlaIntiff
: IN THE CXXJRT OF <::aIMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
: NO. 96-881
CIVIL TERM
.
.
MARLENE E. DUFF,
Defendant
: CIVIL ACTION - LAW
: CUSTODY
PRICR JtDGB: Judge Sheely
CUS'1OOY CXXILIATI~ 5lM'lARY REPCRl'
IN ACa:IUWCB wrm C1tIBERLAND CXUll'Y RIlLE CI CIVIL l'K" ~ .s
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
lIME
DATE OF BIRTH
aJRRI'JIn'LY IN CIJSTtDY OF
Jennifer Duff
Garrett Duff
May 7, 1992
March 25, 1993
Mother
Mother
2. A Conciliation Conference was held on September 16, 1998, with the
following individuals in attendance: The Father, Ralph L. Duff, Jr., with
his counsel, Samuel L. Andes, Esquire, and the Mother, Marlene E. Duff,
with her counsel, Joan Carey, Esquire.
3. This Court previously entered orders in this matter on April 22,
1996 and September 19, 1996 granting the parties shared legal custody, the
Mother primary physical custody, and the Father partial physical custody.
The Father filed this petition to modify seeking primary physical custody
of the Children or equally shared physical custody. At the conclusion ot
the Conciliation Cbnference, the Conciliator was asked to hold this matter
open for at least two weeks so that the parties could continue negotiating
in an effort to finalize an agreement. The Conciliator was advised by
Plaintiff's counsel on october 19, 1998 that the parties had reached an
agreement and that a draft of a Stipulation was being circulated between
the parties. en December 3, 1998, Plaintiff's counsel requested thirty
additional days in order to have the custody agreement finalized.
4. As no futher cOlTl11Unications have been received fran counsel tor
either party within the time frame provided by the Conciliator, an Order is
attached relinquishing jurisdiction in this matter on the assunption that
the parties have resolved all the custody issues by agreement.
. .~~
Date
Dawn S. sunday, Esquire
OJStody Conciliator
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Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
MARLENE E. DUFF,
Defendant
NO. 96.a81 CIVIL TERM
IN CUSTODY
ORDER OF COUBI
AND NOW this J f ~ day of ~ ,19g), upon the stipulation of the
parties. we hereby vacate our prior orders in this case and enter the following order for the
custody of the parties' two minor children. Jennifer Duff, born May 7, 1992, and Garrett
Duff. born March 25. 1993:
1. Legal custody of the minor children shall be shared by their mother, the
Defendant. Marlene E. Duff, and thair father, the Plaintiff, Ralph L. Duff, Jr.
2. The parties will cooperate with each other to share information and coordinate
decisions regarding the children and either parent is authorized to make decisions for the
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medical care of the children in the event of an emergency if the other parent is not
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reasonably available.
3. The parents shall share physical custody of the children in blocks of four (4)
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weeks each, as follows:
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A. In the first block, the children shall reside with the father and shall
be with the mother for the first and third weekends of the four-week block
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from Friday at 5:00 p.m. until Tuesday at 8:00 a.m. and on the other two
weeks in the four-week block from Monday at 5:00 p.m. until Tuesday at
8:00 a.m.
B. In the second block, the children shall reside with the mother and
shall be with the father for the first and third weekends of the four-week block
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from Friday at 5:00 p.m. until Tuesday at 8:00 a.m. and on the other two
weeks in the four-week block from Monday at 5:00 p.m. until Tuesday at
,
8:00 a.m.
4. Each of the parties shall be free to have the children for up to two (2) weeks
each calendar year, for purposes of vacation, without interruption by a period of custody
with the other parent.
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5. This order makes no provision for holiday time with the children because the
parties expect they can resolve that hy agreement.
6. The parties may modify the terms of this agreement, or change any of the
details of the schedule set forth herein on a temporary basis. by mutual agreement. Such
agreement, however, must be mutual and both parties must agree to any change before it
is effective.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY. PENNSYLVANIA
CIVIL ACTION. LAW
RALPH L. DUFF. JR..
Pleintiff
MARLENE E. DUFF,
Defendant
NO. 96-881 CIVIL TERM
IN CUSTODY
STIPULATION
AND NOW this crtt, day of -:[ r\fV Idft,,! 'I . 1999. the parties do hereby stipulate
and agree that the custody orders previously entered in this matter will be vacated and
replaced with an order which provides as follows:
1. Legal custody of tho minor children. Jennifer Duff. born May 7. 1992. and
Garrett Duff. born March 25. 1993 shall be shared by their mother. the Defendant, Marlene
E. Duff. and their father. the Plaintiff. Ralph L. Duff. Jr.
2. The parties will cooperate with each other to share information and coordinate
decisions regarding the children and either parent is authorized to make decisions for the
medical care of the children in the event of an emergency if the other parent.is not
reasonably available.
3. The parents shall share physical custody of the children in blocks of four (4)
weeks each, as follows:
A. In the first block, the children shall reside with the father and shall
be with the mother for the first and third weekends of the four-week block
from Friday at 5:00 p.m. until Tuesday at 8:00 a.m. and on the other two
weeks in the four-week block from M13nday at 5:00 p.m. until Tuesday at
8:00 a.m.
B. In the second block. the children shall reside with the mother and
shall be with the father for the first and third weekends of the four-week block
from Friday at 5:00 p.m. until Tuesday at 8:00 a.m. and on the other two
COMMONWEALTH OF PENNSYLVANIA
55.:
COUNTY OF CUMBERLAND
On this. the q day of .--:L II . . 199'1 before me, the undersigned officer,
personally appeared RALPH L. DUF~f~.. known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that said
person executed same for the purposes therein contained.
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IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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:1 COMMONWEALTH OF PENNSYLVANIA
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My Commi ion Expires:
KOlARIAl SEAL
I WEHOY M BURKIlOLDEH, Nol.rJ Public I
CilI15l1, CUrnberlaIld countJ
MyCommiS$iOnE~ir~June7, 1'l'l'l
)
( 55.:
COUNTY OF CUMBERLAND )
On this, th'3 C\ day of-A,.., l\ , , 19rf/. before me, the undersigned
officer, personally appeared MARLg; E. DUFF known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument, and acknowledged that
, said person executed same for the purposes therein contained.
IN WITNESS WHEREOF. I hereunto set my hand and official seal.
KOlARIAl SEAL I
I WEHIlY M BURKHOLDER, Notary Public
I CdiIt, Clrnber1aI1dCountf ,
My CommisslOfl EXlJIre5 Jun! 7. 1999
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LAW OfFICE,'
SA.IDIS, SHUff. FLOWER & LINDSAY
CERTIfiED COPY
. 'II. ttlOM STXhc.1
CAUL"UI. ,.\ 1101l
~B (111) 141.6121
.111'11I MARKET S"TJI.EfiT
rAM" HILL. PA 17011
PUUNE 1111} 1l1-MM
RALPH L. DUFF, JR.,
eN THE COURT Or' COMMON [,LEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
No. 96-881 Civil Term
MARLENE E. DUFF,
CIVIL ACTION - LAW
IN CUSTODY
Defendant
PRAECIPE POR ENTRY OF APPEARANCE
TO THE PROTHONOT~Y
Please enter my appearance on behalf of the Defendant,
Marlene E. Duff in the above-captioned matter.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Date ~-I;;- 01
Esquire
53147
Johmi 'J.
Att ney .0. No.:
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Defendant
SAlOIS
SHUFF, FLOWER
& LINDSEY
ATIOI."EYJoAT.UW
16 W. Hllh Slr"t
C.rllslr. PA
On this
CERTIFICATE OF SERVICE
V'-.
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. C- day
of ~ XJ (L~..d \..1-' 20.Q.~ I,
hereby certify that I served a true and correct copy of the
foregoing Entry of Appearance upon all parties of record via
United States Mail, postage prepaid, addressed as follows:
Sam Andes, Esquire
525 North 12'1> Street
Lemoyne, PA 17043
SAIDIS, SHUFF, FLOWER & LINDSAY
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By: :.J!'C\C I .. atJ
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SAlOIS
SHUFF. FLOWER
& LINDSEY
ATTOK....l~S-"T.L\W
16 W. itllh Slrl.'
C,nllsl., PA
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RAI.PH L. DUFF. JR.
Pl.AINTIFF
V.
MARI.ENE E. DUFF
DEFENDANT
IN nil'. ('( II II{ I. OF ( OMMON Pl.EAS OF
CUMBERl.AND COUNTY. PENNSYLVANIA
96-881
CIVil ACTION LAW
IN ClISTOIlY
ORDIi:R OF COI'RT
it IS hereby directed that parties and their respective: counsel appear belore Dawn S. Sunday, Esq.
01 39 West Main Street, Me.banl.sburl. PA 170~~ on W.dnesday, AUlult 11.1001
. the conciliator.
at_~.m.
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AND NOW,
Tuesday, July 17,1001
. upon consideration of the attached Complaint,
ror a Pre-I1earing Custody Conference. At such conference. an efllm wIll be made to resolve the issues in dispute; or
Iflhis cannot be accomplished. to deline and narrow the issues to be heard by the court. and to enter into a temporary
order. All children age live or older may also be present at the eonlerenee. Failure to appear at the conlerence may
provide grounds Illr entry of a temporary or permanent order,
The court hereby dlreds the parties to furnish any and all edstlng Protection from Abuse orders,
Special ReUef orders, and Custody orders to the conciliator 48 bours prior to scheduled hearing.
FOR THE COURT,
By: I'"
Dawn S. Sunday. Esq.1J
Custody ConCIliator
The Court of Common Pleas of Cumber I and Counly 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 berore the court. plel\SC contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
atlend the scheduled conference or hearing,
YOU SHOULD TAKE TfIIS PAPER TO YOUR AHORNEY AT ONCE. IF YOU 00 NOT
HA VI'. AN A TfORNEY OR CANNOT AFFORDDNE, GO TO OR 1ElEpHONE THE OFFICE SET
FORTli BELOW TO FIND OUT WHERE YOU CAN GET l.EGAl. HELP.
Cumberland County Bar Association
2 Liberty A venue
Carlisle. Pennsylvania 17013
Telephone (717) 249-3166
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'1/11' - C~/~EL C?c,i>j maLkL....Jo IJ#y {AJr,s
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RALPH L. DUFF, JR.,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION. LAW
NO. 96.881 CIVIL TERM
MARLENE E. DUFF,
Defendant
IN CUSTODY
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AND NOW, this day of ,2001, upon
I, consideration of the within Petition to Modify, it is hereby directed that the parties
and their respective counsel. if any. appear before , the
conciliator. at , Pennsylvania, on
, the __ day of . 2001. at o'clock _.m. 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 a temporary order. All
children aged five or older may also be present at the conference. 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.
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COURT ADMINISTRATOR. FOURTH FLOOR
CUMBERLAND COUNTY COURT HOUSE
1 COURTHOUSE SQUARE
CARLISLE. PENNSYLVANIA 17013
TELEPHONE: (717) 240-6200
FOR THE COURT.
"
BY
CUSTODY CONCILIATOR
Defendant
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY. PENNSYLVANIA
RALPH L. DUFF. JR..
Plaintiff
vs.
CIVIL ACTION - LAW
NO. 96-BBl CIVIL TERM
MARLENE E. DUFF.
IN CUSTODY
PLAINTIFF'S PETITION TO MODIFY
AND NOW comes the above-named Plaintiff. by his attorney. Samuel L.
Andes. and petitions this Court to modify Its custody order of January 19.1999.
based upon the following:
1. The Petitioner herein is the Plaintiff. Ralph L. Duff. Jr.. an adult Individual
who resides at RR 1. Box 701 D. Polecat Road. Landisburg. PA 17040.
2. The Respondent herein is the Defendant, Marlene E. Duff. an adult
individual who resides at 512 Franklin Street in Carlisle. PA 17013.
3. Plaintiff and Defendant are the parents of two minor children. Jennifer
Duff. born 7 May 1992. and Garrett Duff. born 25 March 1993. The custody
arrangements between Plaintiff and Defendant for the minor child have been the
subject of an order of this court entered on 19 January 1999. a copy of which is
attached hereto and marked as Exhibit A.
4. Since the entry of the order of 19 January 1999. the circumstances
between the parties have changed and. as a result. the Order of 19 January 1999.
should be modified to provide for the best Interest of the children. Among the
changes which have occurred are the following:
a. Plaintiff has moved from his former residence in Carlisle,
Pennsylvania to a single family residence In a pleasant and helpful
rural setting in Landisburg, Pennsylvania.
b. Plaintiff has retired from employment and is available 24
hours a day to be with and provide care for the parties' children.
c. Defendant's employment continues in the city of Harrisburg
which Is approximately 20 miles from Defendant's residence.
d. The children continue to require child care when they are in
their mother's custody and Plaintiff Is available to provide that child
care to both children, without using a thirty party, even during
Defendant's periods of temporary custody.
e. Defendant has another child by a subsequent relationship and
Plaintiff is available and willing to provide child care for that child
during the time that he provides the child care for the children.
f. Plaintiff is prepared to enroll the children in the West Perry
School District where he will be able to Interact with them and
supervise their education.
Because of the above changes, Plaintiff believes It is In the best interest of the
children to modify the current custody order.
5. Defendant has refused to negotiate a change in the current custody order
with Plaintiff.
6. Plaintiff desires to have the current custody order changed so that the
children either reside in his primary physical custody or, in the alternative, that he
provides the child care for the children during the periods of time they are in the
mother's physical custody and she Is unavailable because of work or other
activities.
WHEREFORE, Plaintiff prays this court to modify its order of 19 January
1999 in accordance with this Petition.
~r~\b
a el L. Andes
Attorney for Plaintiff
Supreme Court 1.0. #17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
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RALPH L. DUFF, JR.,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-881 CIVIL TERM
IN CUSTODY
MARLENE E. DUFF,
Defendant
Q.BDER OF COURT
AND NOW this ,9 fA, day of ~"~
, 199'1, upon the stipulation of the
parties, we hereby vacate our prior orders in this case end enter the following order for the
custody of the parties' two minor children, Jennifer Duff, born May 7, .1992, and Garrett
Duff, born March 25, 1993:
1. Legal custody of the minor children shall be shared by their mother, the
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Defendant, Marlene E. Duff, and their father, the Plaintiff, Ralph L. Duff, Jr.
2. The parties will cooperate with each other to share information and coordinate
decisions regarding the chiidren and either parent is authorized to make decisions for the
medical care of the children in the event of 1m emergency if the other parent is not
reasonably available.
3. The parents shall share physical custody of the children in blocks of four (4)
... ..
weeks each, as follows:
A. In the first block, the children shall reside with the father and shllll
be with the mother for the first and third weekends of the four-week block
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from Friday at 5:00 p.m. until Tuesday at 8:00 a.m. and on the other two
weeks in the four-week block from Mondey at 5:00 p.m. until Tuesdey at
8:00 a.m.
B. In the second block, the children shall reside with the mother and'
shall be with the father for the first and third weekends of the four-week block
from Friday at 5:00 p.m. until Tuesday at 8:00 a.m. and on the other two
weeks In the four-week block from Monday at 5:00 p.m. until Tuesday at
8:00 a.m.
4. Each of the parties shall be free to have the children for up to two 121 weeks
each calandar year, for purposes of vacation, without Interruption by a period of custody
with the other parent.
5. This order make!'> no provision for holiday time with the children because the
parties expect they can resolve that by agreement.
6. The parties may modify the terms of this agreement, or change eny of the
details of the schedule set forth herein on a temporary basis, by mutual agreement. Such
agreement, however, must be mutual and both parties must agree to any ch8nge before it
Is effectiva.
BY THE COURT,
TRUE Cr.~'.' Fr.OM RECORD
In TeslimollY \. hI r ., I L In 111110 set my hand .. ~I t!! l.LJI.
ond Ihe saal of ~n.rJ C~,"I al Carlislo, Pa. LSL.>~~'1\'fJL. ~~J
lhls .../.9..#::. day of. ..~".!.., 19.9..1..
.::r"'.....~~.....a..,~~v......_
... ~. Prothonotary
J.
RALPH L. DUFF, JR.,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
MARLENE E. DUFF,
Defendant
NO. 96.881 CIVIL TERM
IN CUSTODY
-.I,
STIPULATION
AND NOW this Of fh day of ::r .v>1V'''''Y ,1999, the parties do hereby stipulate
and agree that the custody orders previously entered In this matter will be vacated and
replaced with an order which provides as follows:
1. Legal custody of the minor children, Jennifer Duff, born May 7, 1992, and
Garrett Duff, born March 25, 1993 shall be shared by their mother, the Defendant, Marlene
E. Duff, and their father, the Plaintiff, Ralph L. Duff, Jr.
2. The parties will cooperete with each other to share information and coordinate
decisions regarding the children and either parent is authorized to make decisions for the
medical care of tha children In the event of an emergency if the other parent is not
reasonably available.
3. The parents shall share physical custody of the children in blocks of four (4)
weeks each, as follows:
A. In the first block, the children shall reside with the father and shall
be with the mother for the first and third weekends of the four-week block
from Frldav et 5:00 p.m. until Tuesday at 8:00 a.m. and on the other two
weeks in the four-week block from Monday et 5:00 p.m. until Tuesday at
8:00 a.m.
8. In the second block, the children shall reside with the mother and
shall be with the father for the first and third weekends of the four-week block
from Friday at 5:00 p.m. until Tuesday at 8:00 a.m. and on the other two
weeks in the four-week block from Monday at 5:00 p.m. until Tuesday at
8:00 a.m.
4. Each of the parties shllll be free to have the children for up to two (2) weeks
each calendar year, for purposes of vacation, without interruption by a period of custody
with the other parent.
5. This order makes no provision for holiday time with the children because the
parties expect they can resolve that by agreement.
6. The parties may modify the terms of this agreement, or change any of the
details of the schedule set forth herein on a temporary basis, by mutual agreement. Such
agreement, however, must be mutual and both parties must agree to any change before it
Is effective.
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PENNSYLV,A;"l1A
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