HomeMy WebLinkAbout96-00881
(?J
00
1
0?
io-
z
OFFICE OF THE DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
• ONE COURI HOUSE SQUARE
CARLISLE. Y[:NNSYLVANIA 17013
MARLENE E. DUFF, : IN THE COURT OF' COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-6976 CIVIL TERM
RALPH L. DUFF, JR.
Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 96- 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 cha-ge of Indirect Criminal Contempt
before the Court on the y day of 1996 atV',1E--
o'clock f? m. in Courtroom # '3 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
order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court.,
DEXHIBI12 , fl w Michael S. Schwoye
Chief Deputy Distr
RALPH L. DUFF, JR.
r
ict Attorney
I5 ? ? .Z. l . ?yG C L _
George E. ioffer 1' J.
TRUE COPY FROM RECORD
In Test ","y , sraof I ha; c Unto :xi my ham
and the sea of said C° , at Cariistt,
day.. a 1 ?9
c
RfothonotDrV
MARLENE E. DUFF, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-6976 CIVIL TERM
RALPH L. DUFF, JR.
Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT
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. §6113.
6. The plaintiff and the defendant may seek modification
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. §6117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Resp - "Emitted,
Mich el S. S yer
Chie Deputy District Attorney
,r
MARLENE E. DUFF,
Plaintiff
V.
RALPH L. DUFF, JR.,
Defendant
C
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- (-9"'1& CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, this 6 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 information about the plaintiff and/or
children except by further Order of Court.
The defendant, Ralph L. Duff, Jr., (SSN: 042-32-4792)(DOB: 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,
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 RECORD
in Tesfimmj'vhz-p got, ! h" unto set my hand
and the saai of said Gcrs of rtiEie, Pe
n,Q lay of
Prothonotary
0
The defendant is ordered to refrain from having any direct or indirect contact with the
plaintiff or the plaintiffs minor children including, but not limited to, telephone and written
communications.
The defendant is enjoined from harassing and stalking the plaintiff and from harassing
her relatives, or the minor children.
The defendant is enjoined from entering the plaintiff's 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 owned 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 not nullify the
provisions of the court order.
This Order shall remain in effect until modified or terminated by the Court and can be
extended beyond its original expiration date if the Court finds that the defendant has committed
an act of abuse or has engaged 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.
•
•
t'i_
A hearing shall be held on this matter on the `( day of December, 1995, at
! . a in Courtroom No.__'?, 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 Department shall attempt to make service at the
plaintiff's 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 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
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. § 6113).
By
Joan Carey
LEGAL SERVICES, INC. - ??. ys-
Attorney for Plaintiff
Judge
•
MARLENE E. DUFF,
Plaintiff
V.
RALPH L. DUFF, JR.,
Defendant
•
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6976 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
ORDER FOR CONTINUANCE
AND NOW, this 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 will be provided to the
Carlisle Police Department and the Pennsylvania State Police by the
plaintiff's attorney.
TRUE COPY FROM RECORD
In Testimony whered, I here unto set"hand
and the seat of said cou at carflme, Pa.
/mot' d o?
Prothonotary
Joan Carey
LEGAL SERVICES, INC. ?1?? ?
Attorney for Plaintiff -yw ?t
Samuel L. Andes
Attorney for Defendant
By the Court,
Hoffe , Judge
?.
1ZJ...J-
h ? •v
a0
• • .
MARLENE E. DUFF,
Plaintiff
V.
RALPH L. DUFF, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6976 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
MDTION FOR CONTINUANCE
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.m.
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 a continuance
on December 14, 1995, to afford him time to meet with the defendant.
4. The plaintiff agreed to the continuance and requests 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 Police and the Carlisle Police Department by the
attorney for the plaintiff.
1.. 0 0
WHEREFORE, the plaintiff requests that the Court grant this Motion and
continue this matter generally, and that the Temporary Protection Order remain
in effect until further Order of Court.
Respectfully
submitted,
(J PC/
6 "Am Attorney or Plaintiff
LHGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
. l_KLMIINAL C.VMrLAIIN I
DISTRICT JUSTICE
MAGISTERIAL DISTRICT NO.
c 1 e. r
h
?i' ; ?t? ?l?l nkhl
Complaint Numbers if Other Participants
-
?N IDEN ,BF R O. O7fI ?' IF z
NA
AN
I, Tpr. Matthew A MAXEY 6720 AD
(Name of Affian t)
of PA State Police Carlisle, Rs
(identify department o•agenay represented and political subdivision)
AK
do hereby state:
(1)1@ I accuse the above named defendant, who lives at the address set forth above or,
K ? I accuse an individual whose name is unknown to me but who is described as _
a`
a
n
4
C
v
4
(2)
? his nickname or popular designation is unknown to me and, therefore, I have designated him herein as John Doe;
'
with violating the penal laws of the Commonwealth of Pennsylvania at t a f• n (
etlCa n IVISIJn/
in Onli erland County on or about 04/91 496 1900 ra
Participants were (il tha're were participants. place uieir names here, repea ring the name of above defendant!: Ralph Leonard DUFF Jr
The acts committed by the accused were: (F) Indieect criminal contempt I!l, pfflStRts7S}R}RM JC 9174
In that the defendant during a custody exchange of the minor children called the victim
a slut and threw a hag of eh clothes striking the victim in Mk 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 apalnst the Qeace annd dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly,
or in violation of WN "M "and of the Act of
JC 97174on) (Sub S1111,10111
or the Ordinance of `•
lPOfitieul.SlfD-tlfV1sIO/1/
(3) I ask that a warrant of arrest pxA WVM be issued and that the accused be required to answer the charges
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 penalties of Section 4904 of the Crimes Code
(18 Pa. C.S. 84904) relating to unsworn falsification to authorities.
f14/92 19 96
__X 4
H (Signature of Aff n
AND NOW, on this 119 , I certify the complaint has been properly completed and
verified, and that there is probable cause for the issuance of process.
(Magisterial District)
(Issuing Authority)
(SEAL)
...??,.. nc nr. ne???t+?w? w ?
COMMONWEALTH OF PENNSYLVANIA
DEFENDANT. VS.
SP 7-00.54 (11-93) ,
PENNSYLVANIA STATE POLICE
VICTIM/WITNESS STATEMENT FORM
1. VICTIWWITNESS NAME:
1 i I E
?? MPaC0F- V-tAZAI3E;W 2. INCIDENT NO.:
l!Z_€3-133?{
S ADDRESS:
3 SM'T)4 /Z!7 ?P?lLS PlgNE
P -732-'{ t't t(8lo-8 &7
4. PLACE
Ltc? SG (cc
MM a?r? c ots
S. DATEIDA
oVfazlyC' '4ew
B.TWE
D9oc
7. INVESTIGATOR'S NAME:
FW- M. Ak/E S. BADGE NO.:
10712
9. STATE
J (ac" v- Ck 0 C9 :1 IL2e fl+ ,
eor-Ld r) 0 r- G + r
f r
u
-4o alnu+
p
LAO" lfwnc? o' 6--ir'
?^ O o
I
_
) P
, f
rr
-)L2r 1 n - vT
- bov ov lonm'A '
1 G ' in einol c T hr4d )' "
b 1, i h, 1Y;
o h
1 mac
Linder Section 4904 of the Pa. Crimea Code, Unswom falsification to authorities. a -NOTICE'
he doaS not believe to be true person commits a misdemeanor of the third degree if he makes a written false statement which
le. S1 INATUREI 11. PAGE NO.:
r?
V
r Want owt- i
?arrel`1- and {laGpt?.
r }wrnaa Qre411d
+Wm / n the '? Lh??n
a tl.c tGr to ge} }he ILrd c L yot
lnwl 4-&V,.r Jenh:3}er? +)t ar euay
ah$ sou SRaI`Sol? t?.roW the 6V and if ti? } y
TaG T1-kOMaS
m
MARLENE E. DUFF,
Plaintiff
V.
RALPH L. DUFF, JR.,
Defendant
LEGAL SERVICES, INC.
6 IRVINE ROW
CARLISLE, PENNSYLVANIA 17013
(717) 243-9400
Fax (717) 243-0026
West Shore (717) 766-8475
Shippensburg (717) 530-SW
JUN 18 1988
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6976 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
PLAINTIFF'S MEMORANDUM
The plaintiff, Marlene E. Duff, hereinafter referred to as mother, by and
through her attorney, Joan Carey of Legal Services, Inc., submits the following
memorandum, including a list of potential witnesses, along with a summary of
their expected testimony, for a hearing to be held on July 3, 1996, at 1:00 p.m.
in Courtroom No. 1.
I. BACK(RtOUND
The plaintiff, Marlene E. Duff, hereinafter referred to as the mother,
resides at 3 Smith Road, Gardners, Cumberland County, Pennsylvania 17324. She
and Ralph L. Duff, Jr., hereinafter referred to as the father, are the parents
of Jennifer Duff and Garrett Duff. The mother has consistently acted in her
children's best interest and has provided and can continue to provide for the
children's emotional, physical, educational, and medical needs. She is the
parent who can best facilitate contact with the children and the other parent.
The parties separated on November 29, 1995, when the mother, fearing for
her safety and that of the children, took the children and left the marital home
at 3 Smith Road, Gardners, to avoid further abuse and threats from the father.
On December 13, 1995, the father was served with a certified copy of the
Temporary Protection Order and Petition for Protection Order and excluded from
the marital residence. The mother offered the father reasonable contact with the
children through a third party who is a mutual friend of the parties pending
resolution of the Protection From Abuse and Custody action, but the father did
not respond to her offers to see the children.
The mother was the primary caretaker of the children prior to the parties'
separation and has continued to be the primary caretaker since the separation.
Within two months of the separation, the mother obtained part-time employment,
and in April, 1996, moved to a full time position as a bookkeeper. The children
are in the care of a private day care provider while she works.
On April 9, 1996, the parties met for a conciliation conference with their
respective counsel, and an interim custody schedule was mutually agreed upon by
the parties pending the hearing on this matter.
The father's medical history and violent behavior have adversely affected
the children prior to the parties' separation and since the interim custody
schedule commenced on May 3, 1996. Indirect Criminal Contempt charges are
pending with the Cumberland County District Attorney's Office as a result of an
incident of abuse which occurred on or about April 21, 1996, during the transfer
of custody. The father has not acted in the children's best interest by
continuing to expose them to violent behavior.
II. ISSUES
A. Whether it is in the best interest of the children to remain
in the primary 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 and emotional needs,
including a stable environment.
B. Whether it is in the children's best interest that the contact
with their father be limited because of his instability and violent
behavior.
III. PLAINTIFF'S WITNESSES
1. Marlene E. Duff 3 Smith Road
Gardners, PA 17324
The mother will testify about the care she has provided for the children since
their births and her ability to continue to provide for their physical and
emotional needs including provision of a stable and nurturing environment.
2. Nicole Thomas 3 Smith Road
Gardners, PA 17324
The mother's daughter by a previous marriage is to testify about her mother's
ability to care for the children and her mother's relationship with the children.
She will also testify as to her knowledge of the defendant.
3. Frank Neumeyar 85 Wise Lane
Boiling Springs, PA 17007
The boyfriend of Ms. Thomas is expected to testify about the mother's ability to
care and provide for the children's needs, and about the mother's relationship
with the children. He will also testify as to his knowledge of the defendant.
4. Sherry Wilson 111 West Ridge Street
Carlisle, PA 17013
The children's day care provider is to testify about her relationship with the
children and the mother, her observance of the mother's parenting skills, and
the mother's relationship with the children. She will also testify as to her
knowledge of the defendant.
5. Cheryl Shulenberger 89 Spring Garden Estates
Carlisle, PA 17013
The mother's friend is to testify about the mother's ability to care for the
children and the mother's relationship with the children. She will also testify
as to her knowledge of the defendant.
6. Julie Stone Cumberland County Children & Youth Services
16 West High Street
Carlisle, PA 17013
Children and Youth caseworker is to testify as to her knowledge of the family
pursuant to the ChildLine referral concerning Jennifer Duff. She will also
testify about her observation of the mother's parenting skills and relationship
with the children.
7. If necessary, the mother's teenage children will testify as to the
father's instability and violent behavior.
The plaintiff reserves the right to call other witnesses upon reasonable
notice to the court and counsel.
EXHIBITS
Pertinent medical, educational, and any other relevant records.
Respectfully submitted,
June 18, 1996 e?,44,4
Jc? Carey, Attorr4k _ for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I JUN 18 1996 b
MARLENE E. DUFF, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 95-6976 CIVIL TERM
RALPH L. DUFF, JR.,
Defendant PROTECTION FROM ABUSE AND CUSTODY
PLAINTTFF'S MFMORANDUM
The plaintiff, Marlene E. Duff, hereinafter referred to as mother, by and
through her attorney, Joan Carey of Legal Services, Inc., submits the following
Memorandum, including a list of potential witnesses, along with a summary of
their expected testimony, for a hearing to be held on July 3, 1996, at 1:00 p.m.
in Courtroom No. 1.
I. BACKGROUND
The plaintiff, Marlene E. Duff, hereinafter referred to as the mother,
resides at 3 Smith Road, Gardners, Cumberland County, Pennsylvania 17324. She
and Ralph L. Duff, Jr., hereinafter referred to as the father, are the parents
of Jennifer Duff and Garrett Duff. The mother has consistently acted in her
children's best interest and has provided and can continue to provide for the
children's emotional, physical, educational, and medical needs. She is the
parent who can best facilitate contact with the children and the other parent.
The parties separated on November 29, 1995, when the mother, fearing for
her safety and that of the children, took the children and left the marital home
at 3 Smith Road, Gardners, to avoid further abuse and threats from the father.
On. December 13, 1995, the father was served with a certified copy of the
Temporary Protection Order and Petition for Protection Order and excluded from
the marital residence. The mother offered the father reasonable contact with the
I
1
children through a third party who is a mutual friend of the parties pending
resolution of the Protection From Abuse and Custody action, but the father did
not respond to her offers to see the children.
The mother was the primary caretaker of the children prior to the parties'
separation and has continued to be the primary caretaker since the separation.
Within two months of the separation, the mother obtained part-time employment,
and in April, 1996, moved to a full time position as a bookkeeper. The children
are in the care of a private day care provider while she works.
On April 9, 1996, the parties met for a conciliation conference with their
respective counsel, and an interim custody schedule was mutually agreed upon by
the parties pending the hearing on this matter.
The father's medical history and violent behavior have adversely affected
the children prior to the parties' separation and since the interim custody
schedule commenced on May 3, 1996. Indirect Criminal Contempt charges are
pending with the Cumberland County District Attorney's office as a result of an
incident of abuse which occurred on or about April 21, 1996, during the transfer
of custody. The father has not acted in the children's best interest by
continuing to expose them to violent behavior.
IT. ISSUES
A. Whether it is in the best interest of the children to remain
in the primary 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 and emotional needs,
including a stable environment.
B. Whether it is in the children's best interest that the contact
with their father be limited because of his instability and violent
behavior.
III. PLAINTIFF'S WITNESSES
1. Marlene E. Duff 3 Smith Road
Gardners, PA 17324
The mother will testify about the care she has provided for the children since
their births and her ability to continue to provide for their physical and
emotional needs including provision of a stable and nurturing environment.
2. Nicole Thous 3 Smith Road
Gardners, PA 17324
The mother's daughter by a previous marriage is to testify about her mother's
ability to care for the children and her mother's relationship with the children.
She will also testify as to her knowledge of the defendant.
3. Frank Neumeyar 85 Wise Lane
Boiling Springs, PA 17007
The boyfriend of Ms. Thomas is expected to testify about the mother's ability to
care and provide for the children's needs, and about the mother's relationship
with the children. He will also testify as to his knowledge of the defendant.
4. Sherry Wilson 111 West Ridge Street
Carlisle, PA 17013
The children's day care provider is to testify about her relationship with the
children and the mother, her observance of the mother's parenting skills, and
the mother's relationship with the children. She will also testify as to her
knowledge of the defendant.
5. Cheryl Shulenberger 89 Spring Garden Estates
Carlisle, PA 17013
The mother's friend is to testify about the mother's ability to care for the
children and the mother's relationship with the children. She will also testify
as to her knowledge of the defendant.
6. Julie Stone Cumberland County Children & Youth Services
16 West High Street
Carlisle, PA 17013
Children and Youth caseworker is to testify as to her knowledge of the family
pursuant to the ChildLine referral concerning Jennifer Duff. She will also
testify about her observation of the mother's parenting skills and relationship
with the children.
7. If necessary, the mother's teenage children will testify as to the
father's instability and violent behavior.
The plaintiff reserves the right to call other witnesses upon reasonable
notice to the court and counsel.
EXHIBITS
Pertinent medical, educational, and any other relevant records.
Respectfully submitted:
June 18, 1996 Qtl tf rA 'tdt-c
Jodn Carey, Attornt?,V for Plaintiff
C.
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
RALPH L. DUFF, JR.,
Plaintiff
V.
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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,
Cam' V
Harold E. FSheely, P.J.
Samuel L. Andes, Esquire
For the Plaintiff
Joan E. Carey, Esquire
For the Defendant
: lfh
FILED-OFFICE
?S .'Ut. 19 PPi t : L
PENVS}tVA A
SAMUEL L.ANY1Es
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P.O, no. 166
enNVm. L.nHntn LEMOYNE, MtNNSYLVANIA 17043
.l. bANT OLLON6
1 July 1996
The Honorable Harold E. Sheely
President Judge
Court of Common Pleas
1 Courthouse Square
Carlisle, PA 17013
RE: Ralph L. Duff, Jr., vs. Marlene E. Duff
No. 96-881 Civil Term
Dear Judge Shealy:
TCLLPHONC
11111 1., 0.01
PAX
11111 101 1433
Enclosed is my hearing memorandum in the above matter, which is
scheduled for a custody hearing before you on Wednesday afternoon. Thank you
for your cooperation.
Sincerely,
Samuel L. Andes
le
Enclosure
cc: Joan Carey, Esquire
RALPH L. DUFF, JR.,
Plaintiff
vs.
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-881 CIVIL TERM
IN DIVORCE
MEMORANDUM OF .Pl Al(11IlEE-RALPH L. DUFF. JR.
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L.
Andes, and files the following Memorandum for the hearing scheduled for 3 July
1996:
L PLAINTIFF'S POSITION ON CUSTQRY
The Plaintiff is the 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 more available to provide for them on a regular 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. For that reason he seeks
primary physical custody.
The father is also willing to accept an arrangement of shared custody which
has the children staying with him for 50 percent or more of the time. Again, the
father's schedule and his personality enable him to better provide for the children on
a regular and consistent basis and the children should spend at least fifty percent of
the time with him and in his home.
The Plaintiff anticipates calling the following witnesses at the hearing, in
addition to himself:
1 . Terry Crockett, 1 1 70 Kingsley Road, Camp Hill,
Pennsylvania. Mr. Crockett will testify about the father's personality,
his relationship with the children and his stability and good character.
2. Donna Burkhead and Mark Burkhead, 406 Raymon Avenue,
Boiling Springs, Pennsylvania. Donna Burkhead was the daycare
provider for the children prior to the separation of the parties. She will
testify about the father's good character and stability and about his
relationship with and care for the children.
3. Linda Crockett and Kimberly Crockett, 3800 Derry Street,
Harrisburg, Pennsylvania. This mother and daughter have known the
parties, particularly the father, for many years and are familiar with the
parenting skills of both parties. Theywill testify about the father's
fitness to have custody.
2
4. Tim Hand, Millersburg, Pennsylvania. Mr. Hand works with
the father and knows him closely. He has seen the father and the
children together several times over the past few months and will
testify about the father's fitness as a custodial parent.
Respectfully submitted,
Samuel L. Andes
Attorney for Plaintiff
3
< TRANSACTION REPORT >
C F2ECE I VE ]
07-01-1996(MON) 12:30
NO. DATE TIME DESTINATION STATION PG. DURATION MODE RESULT
3234 7-01 12:27 717 761 1435 5 0°02'06" NORMAL OK
5 0° 02' 06"
wwwuu wwnnws
?. awwr n.wxw
SAMUEL L..A.NDEs
ATTORNEY AT LAW
Z2E NORTH TWELPTH STREET
P. a, BOX lex
LEMOYNE, PENNSYLVANIA 19043
SC16Px ON6
(avl aar nou
PAX
t 719) ax,<apw
FAX TRANSMITTAL COVER SHEET
TO AwnYOUR FAX NUMBER Z.`(O - IoLI h Z
FROM: Santo nwb'e? OUR FAX NUMBER: (717) 761-1435
DATE : RE: _ D u -F-F
We are beginning the transmission of .3 pages (including
this cover sheet).
If transmission is interrupted, quality is inadequate, or
if you believe you are not the intended recipient, please notify
us immediately by calling (717) 761-5361.
(END OF COVER SHEET)
O N
z
z0 W
w J1 N
E? E m
A q ?
`24
? rb
04 w
& N
U ?
a ? a
a
p
p
co ??ss..,, 8
3 A
CO ? f8t,
a
APR ? 1 "9g6?- ,.
RALPH L. DUFF, JR.,
Plaintiff
VS.
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-881 CIVIL TERM
IN CUSTODY
ORDER OF OOURT
AMID NOW, this ?eA day of 'L , 1996,
upon consideration of the attached Custody Conciliation Report, it is
ordered and directed as follows:
1. A Hearing is scheduled in courtroom number of the
Cumberland County Court House, on the 3 tid day of
1996, at P.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 summary of the
anticipated testimony of each witness. This memorandum shall be filed at
least fifteen (15) days prior to the Hearing date.
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 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.
6. Both parties shall administer all prescribed doses of their son's
anticonvulsant medication to the Child during their respective periods of
custody.
7. The parties may modify the provisions of this order by mutual
consent. In the absence of mutual consent, the terms of this Order shall
control.
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,
J.
cc: Samuel L. Andes, Esquire io to n,c??a 4j12A1Q6.
Joan Carey, Esquire U
?d
RALPH L. DUFF, JR.,
Plaintiff
VS.
MARLENE E. DUFF,
Defendant
PRICK JUDGE: George E. Hoffer
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-881 CIVIL TERM
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The relevant information pertaining to the Children who are the
subjects of this litigation is as follows:
NAME BIRTHDATE CURRENTLY IN CUSTODY OF
Jennifer Duff May 7, 1992 Defendant/Mother
Garrett Duff March 25, 1993 Defendant/Mother
2. A Conciliation Conference was held on April 2, 1996, 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 and Jan Terpening, Paralegal.
3. The parties separated on November 29, 1995 and, at that time, the
Mother obtained a Temporary Protective Order from this Court ordering the
Father not to have contact with the Mother and temporarily awarding custody
of the Children to the Mother. The Protection from Abuse proceedings were
filed under docket number 95-6976. Due to the PFA proceedings, the Father
has not had significant contact with the Children since December 1995. The
Father filed this Petition under new docket number 96-881 seeking shared
legal and physical custody of the Children.
4. The Father's position on custody is as follows: The Father
believes he was unfairly kept from seeing his Children over the past four
(4) months and misses them terribly. Since the parties' separation, the
Father has been temporarily residing with friends but will be moving into a
two bedroom apartment in Carlisle on April 15, 1996. The Father is employed
as a plumber for the Commonwealth and is temporarily working on the night
shift. The Father expects to be transferred back to regular daytime hours
by early May. The Father stated that he does not wish to serve as a
"weekend Father" but wants to have a more significant role in his Children's
lives. The Father stated that he is able and willing to care for the
Children (including providing his son with all prescribed doses of his
anticonvulsant medication) on a shared physical custody basis.
5. The Mother's position on custody is as follows: The Mother
expressed concern regarding the Father's ability to properly care for the
Children. She expressed particular concern regarding regular administration
of their son's anticonvulsant medication. The mother did not indicate any
specific basis for her concerns but stated that the Father had been
diagnosed with post-traumatic stress syndrome and, without medication,
becomes aggressive and agitated. The Mother also alleged that the Father
had problems with alcohol abuse in the past. Because of her concerns and
the fact that the Father has not seen the Children for an extended period of
time, the mother proposed an initial period of partial custody for the
Father during daytimes only. The Mother works a varied schedule at the
Sentinel in Carlisle and the Children are taken to a babysitter during those
times. The Mother indicated that she would be willing to consider expanded
periods of custody in the future if the initial partial custody arrangements
work successfully.
6. The parties were able to agree on a temporary custody schedule with
the mother's expressed assurance that she will consider expanded partial
custody arrangements if the temporary schedule works well. The Father
indicated his willingness to renegotiate an expanded custody schedule with
the Mother, through counsel, after operating under the temporary schedule
for a period of time. However, the Father requested that a Hearing be
scheduled at this time in the event the parties are not able to agree on
long term custody arrangements by the date of the Hearing. The Father did
not want to delay scheduling of the hearing pending implementation of the
temporary custody schedule to ensure that a hearing could be held within a
shorter period of time if the parties cannot agree on expanded custody
arrangements.
7. The parties agreed to entry of an Order in the form as attached.
Although the Order schedules a Hearing in this matter, the Conciliator is
optimistic that the parties will be able to reach an agreement as to ongoing
custody arrangements after operating under the temporary schedule.
Date Dawn S. Sunday, Esqui e
Custody Conciliator
t`'
u ?
CJ `? ?
.._ Y J
O r
\
'?. ???
ii7
u- - $
C3
c?
GJ V
7
0
A C d
z a ? z
6
'a w ? °w z
a z F o z
W p F a a
? F o w
z
U1 d m O
w
a
' ?r13 ? ? 1?7U 1a'
RALPH L. DUFF, JR.,
Plaintiff
VS.
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96- $p 1 CIVIL TERM
IN CUSTODY
AND NOW, PC-b. a U? 1996, upon consideration of the
attached complaint, it is hereby directed that the parties and their
respective counsel appear before r ,,On Esquire, the
conciliator, at 3a C0 skin S}. Mir , ;?s6ury
Pennsylvania, on f ke?7 the awl day of 1996,
at A00t\ o'e-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
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.
FOR THE COURT,
BY
for
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
nLEn-OTIi.E
1S ?" " 21 Pij G,. ? 8
CU',,>__ Ur ll'
Pc111?SYL\'?:viA
RALPH L. DUFF, JR., )
Plaintiff )
1
VS. )
I
MARLENE E. DUFF, )
Defendant )
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96- CIVIL TERM
IN CUSTODY
AND NOW comes the Plaintiff, RALPH L. DUFF, JR., by his attorney,
Samuel L. Andes, and makes the following Complaint for Custody:
1. The Plaintiff is RALPH L. DUFF, JR., an adult individual who
resides in Mechanicsburg, Cumberland County, Pennsylvania, but whose
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
1993.
5. Plaintiff seeks custody of the minor children, Jennifer Duff and
Garrett Duff.
6. The children were not born out of wedlock and are presently in
the custody of the Defendant.
1
2
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.
12. 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 interest and permanent welfare of the children will be
served by granting the relief requested by Plaintiff for the following
treasons:
A. He is better able to provide the children with a
stable home.
B. 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 as parties to this action.
3
RALPH L. DUFF, JR. requests this Court to grant him
custody of the children, Jennifer Duff and Garrett Duff.
BY4'-
muel Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
4
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 for Custody are
W, S
true and correct to the best of h4w-knowledge, information, and belief.
RALP . DUFF, JR.
Sworn to and subscribed
before me this 8'}1` day
of Fobrnc , 1996.
Not<ar Public
4m MW NOfy Pdlpop?r
W0.* 1 Eap.n,1988
5
LFGAL SERVICES, INC.
8 !RVINE ROW
CARLISLE, PENNSYLVANIA 17013
(717) 243-9400
Fax 1717) 243 8026
West Shore (717) 766-8475
Shi pps,sbugj !717) 530 6866
MARLENE E. DUFF,
Plaintiff
V.
RALPH L. DUFF, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- 0? 7e CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
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
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 information about the plaintiff and/or
children except by further Order of Court.
The defendant, Ralph L. Duff, Jr., (SSN: 042-32-4792)(DOB: 12130140), 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,
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.
DEFENDANT'S
EXHIBIT
LUFFMIR
The defendant is ordered to refrain from having any direct or indirect contact with the
plaintiff or the plaintiffs minor children including, but not limited to, telephone and written
communications.
The defendant is enjoined from harassing and stalking the plaintiff and from harassing
her relatives, or the minor children.
The defendant is enjoined from entering the plaintiff's 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 owned by the plaintiff.
A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S.
§6113; h) a private criminal complaint under 23 Pa.C.S. §6113.1; ih) a charge of indirect
criminal contempt under 23 Pa.C.S. §6114, punishable by imprisonment up to six months
and a fine of $100.0041,000.00; and iv) civil contempt under 23 Pa.C.S. §6114.1.
Resumption of co-residence on the part of the plaintiff and defendant shag not nullify the
provisions of the court order.
This Order shall remain in effect until modified or terminated by the Court and can be
extended beyond its original expiration date if the Court finds that the defendant has committed
an act of abuse or has engaged 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.
A hearing shall be held on this matter on the / day of December, 1995, at
?I CYI c,.m., in Courtroom 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 Sheriff's Department shall attempt to make service at the
plaintiff's 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 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
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. § 6113).
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
By the Court,
Judge
-r jj Of ui :i i GU1 at Ceti?5;8 7a
Prothonotary"
MARLENE E. DUFF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
RALPH L. DUFF, JR.,
Defendant
NO. 95-
CIVIL TERM
: PROTECTION FROM ABUSE AND CUSTODY
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.
If the case goes to hearing and the judge 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 office set forth below to find out where you can
get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSI
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS W1TH 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 accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court.
MARLENE E. DUFF,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-
RALPH L. DUFF, JR.,
Defendant PROTECTION FROM ABUSE AND CUSTODY
PETMON FOR PROTECTION ORDER
AND CUSTODY
RELIIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 P.S. 16101 et seq.
1. The plaintiff, Marlene E. Duff, is an adult individual temporarily staying at an
undisclosed location for her own protection and to avoid further abuse as is more fully set forth
herein. This address will be furnished to the court upon request.
2. The defendant, Ralph L. Duff, Jr., (SSN: 042-32-4792)(DOB: 12/30140), is an
adult individual residing at 3 Smith Road, Gardners, Cumberland County, Pennsylvania, 17324.
3. The defendant is the husband of the plaintiff.
4. Since approximately 1993, the defendant has attempted to cause and has
intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the
plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a
course of conduct or repeatedly committed acts toward the plaintiff, under circumstances which
have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited
to, the following specific instances 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 dialed 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 State
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 fuck with me, I just might have to kill you,"
causing the plaintiff to fear for her safety.
c) In or about July of 1995, the defendant threatened to kill 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 safety.
e) Since approximately 1993, the defendant has abused the plaintiff in ways
including, but not limited to, pushing her 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 objects, and punching walls. In addition, the defendant, who was an
explosives expert in the military, has made threats to the plaintiff including, 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 sat upon, causing
the plaintiff to fear for her safety and that of her children.
5. On or about November 29, 1995, the plaintiff and the four minor children left
their residence at 3 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 protection from such abuse.
7. The plaintiff desires that the defendant be prohibited from having any direct 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 desires that the defendant be enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties or owned by the plaintiff.
11. 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, Jr.
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.
15. The defendant has a duty to support the plaintiff and the parties' minor children.
16. The plaintiff is in need of financial support from the defendant including, but not
limited to: health insurance coverage, payment of unreimbursed medical expenses for the
plaintiff and the children, the mortgage payment on the residence at 3 Smith Road, Gardners,
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 checks for
approximately $1,085 ($13,020 annually) in disability payments from the military, and $126
($1,512 annually) in retirement pay from the military. A total of approximately $34,532
annually.
18. The plaintiff's income is insufficient to provide for her minimal needs and those
of the children until such time as a support order can be obtained 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.
20. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees
to Legal Services, Inc.
21. The plaintiff seeks temporary custody of the following children:
Nam Present Residence An
Jennifer L. Duff undisclosed location 3 years old
DOB: May 7, 1992
Garrett S. Duff undisclosed location 2 years old
DOB: March 25, 1993
The children were not born out of wedlock.
The children are presently in the 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 persons and at the
following addresses:
0
Plaintiff
Plaintiff, defendant, plaintiffs
children from previous marriage,
Nicole Thomas and Jack Thomas
undisclosed location
3 Smith Road
Gardners, PA
November 29, 1995 to present
November 10, 1995
to November 29, 1995
Plaintiff, Nicole Thomas, Jack 406 Raymond Drive
Thomas, plaintiff's friends, Donna Boiling Springs, PA
and Mark Burkhead, and their son, Jason
Plaintiff, defendant, Nicole,
and Jack
3 Smith Road
Gardners, PA
Plaintiff, defendant, Nicole,
and Jack
Plaintiff, defendant, Nicole,
and lack
316 Forge Road
Boiling Springs, PA
7113 Sharon Road
Fredericksburg, VA
November 3, 1995
to November 10, 1995
October 30, 1995
to November 3, 1995
December, 1993
to October 30, 1995
August, 1992
to December, 1993
Plaintiff, defendant, Nicole, Bradford Road May 7, 1992
and lack Wiscasset, ME to August, 1992
The plaintiff, the mother of the children, is Marlene E. Duff, currently residing at an
undisclosed location for her own protection and to avoid further abuse.
She is married.
The plaintiff currently insides with the following persons:
Nicole Thomas her daughter
lack Thomas her son
Jennifer Duff her daughter
Garrett Duff her son
The defendant, the father of the children, is Ralph E. Duff, Jr., currently residing at 3
Smith Road, Gardners, Cumberland County, Pennsylvania.
He is married.
The defendant currently resides alone.
22. The plaintiff has not previously participated in any litigation 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 births.
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. § 6101 gl =., as amended, the plaintiff prays this Honorable Court to grant
the following relief:
A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:"
1. Ordering 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 plaintiffs minor children
including, but not limited to, telephone and written communications;
3. Ordering the defendant to refrain from harassing 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 plaintiffs minor children or the day care
facility of the minor children;
5. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff;
6. Granting possession of the home located at 3 Smith Road,
Gardners, 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 plaintiffs current
residence which is at an undisclosed location for the plaintiffs protection,
which the parties have never shared;
8. Ordering the. defendant to stay away from any residence the
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. Granting 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
placing her in fear of abuse.
2. Ordering the 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 arrangements.
3. Ordering the defendant to refrain from harassing 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 plaintiffs minor children or the day care
facility of the minor children.
5. Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff.
6. Granting possession of the home located at 3 Smith Road,
Gardners, Cumberland County, Pennsylvania, to the plaintiff to the
exclusion of the defendant.
7. Ordering the defendant to stay away from any `residence the
plaintiff may in the future establish for herself.
8. Ordering the defendant to provide suitable alternate housing for the
plaintiff and the minor children.
9. Granting support to the plaintiff and the minor children in an
appropriate amount according to the support guidelines payable to the
plaintiff in the form of a check or money order, mailed to her address,
and ordering the defendant to provide health coverage to the spouse and
minor children, directing the defendant to pay all of the unreimbursed
medical expenses of the plaintiff and minor children of the defendant to
the provider or to the plaintiff when she has paid for the medical treatment
and directing the defendant to make or continue to make rent or mortgage
payments on the residence of the plaintiff.
10. Ordering the defendant to pay reasonable attorney fees to Legal
Services, Inc.
The plaintiff further asks that this Petition be filed and served without payment of fees
and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this
Petition and Order be delivered to the Pennsylvania State Police Police Department and any
other appropriate police departments who have jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and proper.
COUNT H
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 will be served by
confirming custody in the plaintiff as set forth in Paragraph 25 of the Petition.
WHEREFORE, pursuant to 23 P.S. § 5301 g1 MQ., and other applicable rules and law,
the plaintiff prays this Honorable 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,
Carey, Attorney f laintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named plaintiff, Marlene E. Duff, verifies that the statements made in the
above Petition are true and correct. The plaintiff understands that false statements herein are
made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities.
Date:
SP41x(12-92) FOR CENTRAL REPOSITORY USE ONLY
ILEAVE BLANK)
PENNSYLVANIA STATE POLICE
REQUEST FOR CRIMINAL RECORD CHECK
TYPE OR PRINT LEGIBLY WITH INK ?-
DEFENDANT'S
PART I TO BE COMPLETED BY REQUESTER DATE OF REQUEST BIT
OC fl-b?- E
NAME (SIIBECi OF RECORD CHEIXI
(Iml IFNI (^^? 1
L F+ i
MADEN NAME AND/oR ALL&sES SMIAL sEam" scL (SOC) DATE OF BIRTH (DOB) SEX RACE
REASON FOR REQUEST: (CHECK APPROPRIATE BLOCK)
LJ EMPLOYMENT ? INDIVIDUAL ACCESS AND REVIEW BY SUBJECT OF RECORD CHECK
Y OR LEGAL REPRESENTATIVE (AFFIDAVIT OF LEGAL
/
\ (? ( ?/
21 OTHER (SPECIFY)` YTI 'N1 N. csef" Wntyy-to REPRESENTATION ATTACHED)
REQUES
TU DENTFCATION: (CHECK APPROPRIATE BLOCK)
C
1??I INDIVIDUAL/NONCRIMINAL JUSTICE AGENCY - ENCLOSE A ? NONCRIMINAL JUSTICE AGENCY - FEE EXEMPT
?-a CERTIFIED CHECK/MONEY ORDER (NONREFUNDABLE) IN
THE AMOUNT OF S10J00 PAYABLE TO 'COMMONWEALTH OF
PENNSYLVANIA'.
DO NOT SEND CASH/PERSONAL CHECK.
- NORMATICN WILL BE M TO REg1E$1FR C• Y
MT TELEPHIOFE NI.PABER TO BE USED TO
CONTACT REQUESTER P NECESSARY.
OF REQESTER
e (AREA CODE)
ATXME55
S' 1 `i -4 4 3$ 8 0 `?
e
?TAIE ZIP CODE
Nore
A 'NO RECORD' RESPONSE WILL TAKE TWO (2) WEEKS
IF THIS FORM IS NOT LEGIBLE OR PROPERLY COMPLETED, IT WILL
TO PROCESS; A -RECORD- RESPONSE WILL TAKE LONGER. BE RETURNED UNPROCESSED TO REQUESTER.
--------------------------------------------
REQESTER CMCKLIST' - (FOLDI ------------------------------------------
1 w
DID YOU ENTER THE FULL NAME, DOB, AND SOC? APIER CC ETION MAIL BOTH COPIES WITH CARBON INTACT TO:
? DID YOU ENCLOSE THE 510.00 FEE (CERTIFIED CHECK/MONEY PENNSYLVANIA STATE POLICE CENTRAL REPOSITORY
ORDER)? DO NOT SEND CASH/PERSONAL CHECK. 1800 ELMERTON AVENUE
HARRISBURG, PENNSYLVANIA 17110-9758
? DID YOU ENTER YOUR COMPLETE ADDRESS INCLUDING ZIP (717) 783-9973
CODE AND TELEPHONE NUMBER IN THE BLOCKS PROVIDED?
PART 11 CENT EPOSITORY RESPONSE
NCRMAiICN rvcc TFD NQURY TED BY StD NO
O RECORD ? CRIMINAL RECORD ATTACHED
THE PFORMATHDN DISSFMPUTFD BY THE CENTRAL REPOSUOff 6 BASED SOLELY ON THE
FCI.10FHD IDENTIFIERS Tt1AT MATCH THOSE H.RN6fED BY THE REQUESTER o (?
CURT I!£ ./ e O(C T 2'] / 1'
?/ H !2? 28
El NAME ? DATE OF BIRTH E] RACE
? SOC ? MAIDEN/ALIAS NAME F-1 SEX '0
L
(DIRECTOR, CENTRAL REPOSITORY)
Response based m cooIUa,i., of data provided by the requester in Part I against information contained in the files of the Pennsylvania State Police Central
Repository only, and does not preclude the existence of other criminal records which may be contained in the repositories of other local, state or fedeml
criminal justice agencies.
n
a
0
N w
k
A
z a `" z
6
a z ? a z
c
a F a a a
?" F o w
z
C
U1 m O
N
w
a
v
RALPH L. DUFF, JR.,
Plaintiff
VS.
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
> 9L
NO. A'5-881 CIVIL TERM
IN CUSTODY
ROSEMARIE QUICKEL, being duly sworn according to law, deposes and says as
follows:
1. That she is an employee of Samuel L. Andes, attorney for the Plaintiff
herein.
2. That on 27 February 1996, she delivered to the U.S. Postal Service in
Lemoyne, Pennsylvania, as certified mail (Receipt No. P376-182-901), 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 return receipt card is attached hereto as Exhibit A showing a date of
delivery to the Defendant of 5 March 1996.
R SEMARIE QUIC K L
$wor,n.to and subscribed
before Lqe this /8,4 day
of 1996.
Yl1A QL ]'?.Y.UL111:
Lemoyne BM, &X;Eer4endPdak
MycommissjmE?snug.,` 1996
f r
I
w
Q?Q
>C5
O
Ism t andfor 2 for additionalseMces.
Ism 9, aa, and eb.
tame end address on the reverie of this form so that we can return this
Ito" to the from of the Milpiece, or on the book if space does not
M Receipt Requested-on the mailpiem below are artide number.
Receipt will show to whom the anide me deflvemd and the date
f?.f
?4
• 8. ign turo: (A 3see
PS Form 811, December
I also wish to receive the
following services (for an
extra fee):
1. 13 Addressee's. Address
2.,M nestricted Delivery
Consult postmaster for fee,
nber
/92 9c2/ E
? Registered O Certified
? Express Mail ? Insured
? Return Receipt for Melchand ife 0 COD
7. Data of Delivery
and
is paid)
RALPH L. DUFF, JR.,
Plaintiff
V.
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-0881 CIVIL TERM
CIVIL ACTION - LAW
IN RE: CUSTODY
BEFORE: SHEELY. P.J.
QQ.????jj ORDER OF COURT
AND NOW, this L"'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 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 adminis
son's anticonvulsant medication
respective periods of custody.
excessive force in disciplining
The parties may modify the
mutual consent. In the absence
this Order shall control.
ter all prescribed doses of their
to the Child during their
The Father shall not use
the two Children.
provisions of this order by
of mutual consent, the terms of
By th Court,
r^
,
(
Barold E. Sheely, .J.
Samuel L. Andes, Esquire
For the Plaintiff
Joan E. Carey, Esquire cXr
For the Defendant c{
:old
FILED-OcRCE
OF THE FAO-HONIOTARY
96 SEP 19 AN II: ,^s9
FEN,\'SYLVh%'iA
RALPH L. DUFF, JR.,
Plaintiff
V.
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-0881 CIVIL TERM
CIVIL ACTION - LAW
IN RE: CUSTODY
BEFORE: SHEELY. P.J.
MEMORANDUM OPINION AND ORDER 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
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
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. 96-0881 CIVIL ACTION - CUSTODY
order gave shared legal custody to each parent and awarded Mrs.
Duff primary physical custody of both children.'
The hearing on this matter was completed on July 12, 1996,
from which the Court makes the following determinations: Mr.
Duff retired after thirty years of military service and is now
employed by the Commonwealth of Pennsylvania as a maintenance
mechanic, working primarily 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 Ray 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 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.
2
NO. 96-0881 CIVIL ACTION - CUSTODY
provider indicated that Jennifer has recently become 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
appears 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 OF COURT
AND NOW, this H 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 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.
4
NO. 96-0881 CIVIL ACTION - CUSTODY
Both parties shall adminis
son's anticonvulsant medication
respective periods of custody.
excessive force in disciplining
The parties may modify the
mutual consent. In the absence
this order shall control.
ter all prescribed doses of their
to the Child during their
The Father shall not use
the two Children.
provisions of this Order by
of mutual consent, the terms of
By the Court,
/s/ Harold E. Sheely
Harold E. Sheely, P.J.
Samuel L. Andes, Esquire
For the Plaintiff
Joan E. Carey, Esquire
For the Defendant
:old
5
[r C)
aC
Wn ?•
SJ?J •"
> ° ?
Y
471
W Cl
r
Q z
O rn U
a
0
? w
q m
z a
d
a w 3 ?° x
w
z a z
F a a a
? H o xi
d z
z
w
a
AUG 12
RALPH L. DUFF, JR.,
Plaintiff
VS.
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96.881 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this M day of ' 1998, upon consideration of the
Complaint filed in this matter, it is hereby directed that the parties and their respective
counsel appear before c, :) the conciliator, at _S W Mn,rl
,Sj', 3 Pennsylvania, on the \'I day of
"Z?Ur?LC C , 1998, at \ o'clock C _.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,
BY CUSTODY CONCILIATOR ?J U
R ED-EME
(OTAAY
OF, ? n ,nT; ,J?? OTARY
?i ,N
9a AUG 14 Pij 3: 258
CUNPtNN3YL%I ?r?°JNTv
/ ,/ ?'
RALPH L. DUFF, JR., )
Plaintiff )
VS. )
MARLENE E. DUFF, )
Defendant )
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
NO. 96.881 CIVIL TERM
IN CUSTODY
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.
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
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 L. Andes
Attorney for Petitioner
Supreme Court ID # 17225
525 N. 12th Street
Lemoyne, Pa 17043
(717) 761-5361
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
( SS.:
Ralph L. Duff, Jr., being duly sworn according to law, deposes and says that the
facts set forth in the foregoing Petition to Modify are true and correct to the best of his
knowledge, information, and belief.
Ralph' Duff, Jr.
Sworn to and subscribed
before me this 6-M day
of ?k .1998.
Notarq Public.
7LE" ? public
iswslon Exp rl ? 17 2)
RALPH L. DUFF, JR.,
Plaintiff
VS.
MARLENE E. DUFF,
Defendant
Allk
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-881 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this ;? a ?%d- day of (, l,R7i?'?.C , 1996,
upon consideration of the attached Custody Conciliation Report, it is
ordered and directed as follows:
1. A Hearing is scheduled in courtroom number of the
Cumberland County Court House, on the 3:L<L day of ? ,
1996, at ,o J_•m. o'clock, at which time testimony wil b 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 summary of the
anticipated testimony of each witness. This memorandum shall be filed at
least fifteen (15) days prior to the Hearing date.
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 B: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 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.
6. Both parties shall administer all prescribed doses of their son's
anticonvulsant medication to the Child during their respective periods of
custody.
7. The parties may modify the provisions of this order by mutual
consent. In the absence of mutual consent, the terms of this order shall
control.
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 THE COURT,
cc: Samuel L. Andes, Esquire
Joan Carey, Esquire
TRUE COPY FROM RECORD
In Testimony Whereof, I here unto set my hand
and the seal of said Court at Carlisle, Pa.
Thla '"'?
a7e2;....., day of.... 1 xtsk ....... 19.. i.?s
i.-. Prothonotary
NO. 96-0881 CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this /U /ly)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 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.
4
. S
NO. 96-0881 CIVIL ACTION - CUSTODY
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. In the absence of mutual consent, the terms of
this Order shall control.
By the Court,
/s/ Harold E. Sheely
Harold E. Sheely, P.J.
Samuel L. Andes, Esquire
For the Plaintiff
Joan E. Carey, Esquire
For the Defendant
:sld
5
F
C}
LJ ?? cn .r
l
U,! 1-13
?
-, _t1
i.L
C) `-
c U
z
a 44
w 41 a F c y g
114
JAN
5 19?
_ s
RALPH L. DUFF, JR., . IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 96-881 CIVIL TERM
MARLENE E. DUFF, CIVIL ACTION - LAW
Defendant CUSTODY
ORDER OF COURT
AND NOW, this 4th day of January, 1999, the Conciliator, having
received no request from counsel for either party to schedule an additional
Conference or hold this matter open further, hereby relinquishes
jurisdiction in this case.
z
Dawn S. Sunday, Esquire"
Custody Conciliator
C
r '
RALPH L. DUFF, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 96-881 CIVIL TERM
MARLENE E. DUFF, CIVIL ACTION - LAW
Defendant CUSTODY
PRIOR JUDGE: Judge Sheely
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
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:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Jennifer Duff May 7, 1992 Mother
Garrett Duff March 25, 1993 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 of
the Conciliation Conference, 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. On December 3, 1998, Plaintiff's counsel requested thirty
additional days in order to have the custody agreement finalized.
4. As no futher communications have been received from counsel for
either party within the time frame provided by the Conciliator, an order is
attached relinquishing jurisdiction in this matter on the assumption that
the parties have resolved all the custody issues by agreement.
Date
Dawn S. Sunday, Esquire
Custody Conciliator
Q
q
4
t
M
a
0
? d
q 3 ? ?
z a '" z
r
x y
a z ? " z
d
F 1? 0. 0.
F O w
R
d
? n O
n ?
w
a
JAN 15 1999
RALPH L. DUFF, JR.,
Plaintiff
VS.
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-881 CIVIL TERM
IN CUSTODY
AND NOW this ) f ^ day of ' 19911, 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 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:
n
In the first block, the children shall reside with the father and shall
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 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
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.
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.
BY THE COURT
J.
RALPH L. DUFF, JR.,
Plaintiff
VS.
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-881 CIVIL TERM
IN CUSTODY
AND NOW this r day of TAN?lA42r/ , 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 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 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
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.
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.
L_Alhoe
M t! a E. Duf
COMMONWEALTH OF PENNSYLVANIA
( SS.:
COUNTY OF CUMBERLAND 1
On this, the (I day of , 1998 before me, the undersigned officer,
personally appeared RALPH L. DUF , JR., 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. Akt,
My Commi ion Expires:
NOTARIAL SEAL
I WENDYN.BURKHOLDER,NotaryPublic
! Caatsle,Cumberland Coo1
My Commission Expires June 7,1999
COMMONWEALTH OF PENNSYLVANIA )
1 SS.:
COUNTY OF CUMBERLAND ?
On this, the 1 l day of , 199q, before me, the undersigned
officer, personally appeared MARL NE 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.
NU IAHIAL SEAL
WENDY M. BURKHOLDER, Notery Public
Carpsle, Cumberland County
MyCOmmM* Expires June 7,1999
LAW OFFICES
SAIDIS, SIIUFF, FLOW191I & LINDSAY
26 W. HIGH STREET 2109 MARKET STREET
CARLISLE, PA 17013 CAMP HILL, PA 17011
PHONE (717) 243-6222 PHONE (717) 737-3405
CERTIFIED COPY:
RALPH L. DUFF, JR., : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
V. : No. 96-881 Civil Term
MARLENE E. DUFF, : CIVIL ACTION - LAW
: IN CUSTODY
Defendant .
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY
Please enter my appearance on behalf of the Defendant,
Marlene E. Duff in the above-captioned matter.
Respectfully submitted,
SAIDIS, SNUFF, FLOWER & LINDSAY
Date a-/a of
JOhrn4i J. If pecky, Esquire
Att ney D. No.: 53147
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Defendant
SAIDIS
SHUFF, FLOWER
& LINDSEY
26 W. High Street
Carlisle, PA
CERTIFICATE OF SERVICE
On this day of? !J L 20_(?>t 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 12th Street
Lemoyne, PA 17043
SAIDIS, SNUFF, FLOWER & LINDSAY
By:
SAIDIS
SHUFF, FLOWER
& LINDSEY
ATIVRHEYS-A•hIAW
26 W. High Street
Carlisle, PA
c
WJ ri
(T)C L?J
-. ?'t C}9
L
_ c x:
Sri
v
RALPH L. DUFF, JR. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MARLENE E. DUFF
96-881 CIVIL ACTION LAW
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, July 17, 2001 ,tipon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 22, 2001 at 9:30 a.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. All children age 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.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunday. Esq. h
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
.511.. ..il U ".
„Y
GVIY
.
7/tP - (Ca4i,, I?cL. (2:ij .nit Lc,-ja 41? Ak(ju
.L?kAi rc .na ? Ec(, -4c:> ?E?cy
mot- ? (?n
a
0
Ul w
W ?
< x
6 ` m m a
x w
F
a z 3 01 z
p H ti 0.
F O W
6
d
N Q
h
a
JUL i 6 2001 O r, 5
RALPH L. DUFF, JR.,
Plaintiff
VS.
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-881 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2001, upon
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.
COURT ADMINISTRATOR, FOURTH FLOOR
CUMBERLAND COUNTY COURT HOUSE
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 240-6200
FOR THE COURT,
BY
CUSTODY CONCILIATOR
RALPH L. DUFF, JR.,
Plaintiff
VS.
NO. 96-881 CIVIL TERM
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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.
na? I -
?L. Andes
Attorney for Plaintiff
Supreme Court I.D. #17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
VERIFICATION
I verify that the statements made in this Complaint are true and correct.
understand that any false statements in this Complaint are subject to the penalties
of 18 Pa. C.S. 4904 (unsworn falsification to authorities).
RALPH L. DUFF, JR.,
Plaintiff
VS.
MARLENE E. DUFF,
Defendant
AND NOW this 19 ?day of U
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-881 CIVIL TERM
IN CUSTODY
1997, 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 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 parentis 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
A
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
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.
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.
II TRUE Cr T`, FROM RECORD
In Testimony v, hr r ,c I Ii re unto set my hand
end the seal of sad Court at Carlisle, Pa.
Ibis ...?.4... day of- ............., 19.91.
Prothonotary
BY THE COURT,
J.
RALPH L. DUFF, JR.,
Plaintiff
VS.
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-881 CIVIL TERM
IN CUSTODY
AND NOW this q A day of 199'7, 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 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 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
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.
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.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.:
On this, the 9 day of , 1999, before me, the undersigned officer,
personally appeared RALPH L. DUF , JR., 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.
V NOTARIALSEAL
WENDYM.BURKHOLDER,NoteryPublic
Carpsle, Cumberland Coon
My Commission Expires June 7,1999
COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
On this, the I day of 1999, before me, the undersigned
officer, personally appeared MARLE E 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.
NOTARIAL SEAL
I WENDYM.BURKHOLDER,NOtaryPublic
d Carlfssle, Cuntberlai d County
* Commission Expires June 7, 1999
a W
W
C it
Zg
HH
A
OW
wNr i >+
££
~ ro w H?
a I A¢
Q
V
Q E
8?
U a W
OCT 11 20)
RALPH L. DUFF, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 96-881 CIVIL TERM
MARLENE E. DUFF, CIVIL ACTION -LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 1d4k day of C>9J ' , 2001, upon
consideration of the attached Custody Conciliation Report it is ordered and directed as follows:
1. The prior Order of this Court dated January 19, 1999 is vacated and replaced with this
Order.
2. 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. Each parent shall
have an equal right, to be exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion.
3. The parties shall share having custody of the Children on an alternating weekly basis, with
the exchange to take place every Tuesday at a time to be arranged by agreement of the parties.
4. Beginning at such time as the Father retires from employment, the Father shall have custody
of the Children during the Mother's weeks of custody while the Mother is working and the Children
are not in school. Notwithstanding the foregoing, the Children shall 'continue to attend the before-
school program at their school during the Mother's weeks of custody unless otherwise agreed between
the parties.
5. On days during the Mother's custody weeks, when the Father has custody of the Children
after school, the Mother shall pick up the Children at the Father's residence after work.
6. The parties shall cooperate in making necessary adjustments to the custody schedule due to
early school closings, delays or other similar circumstances.
7. When the Father has custody of the Children after school he shall transport the Children to
regularly scheduled activities which begin before the Mother is available after work.
8. The parties shall share or alternate having custody of the Children on holidays as arranged
by agreement.
9. Each party shall be entitled to have custody of the Children for up to two weeks
(consecutive or non-consecutive) each year for purposes of vacation upon providing at least thirty days
advance notice to the other party.
10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COUR
cc: Samuel L. Andes, Esquire - Counsel for Father ,5, c/
Johnna J. Kopecky, Esquire - Counsel for Mother
TQ "
FILED-CVFICE
OF P! *)TI tOtiQTAFY
0I OCT I5 AM 8: 06
CUMBERLAND COUNTY
PENNSYLVANIA
RALPH L. DUFF, JR.,
Plaintiff
VS.
MARLENE E. DUFF,
Defendant
PRIOR JUDGE: George E. Hoffer
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-881 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
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:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Jennifer Duff
Garrett Duff
May 7, 1992
March 25, 1993
Mother/Father
Mother/Father
2. A Conciliation Conference was held on October 2, 2001, 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, Johnna J. Kopeck-y, Esquire. The Conference was initially
held on August 20, 2001, and was attended by the Mother and counsel for both parties. At that
Conference, it was decided that a Conference should be rescheduled in six weeks to allow the Father
time to determine the actual date of his impending retirement and for the parties to continue discussing
a possible resolution of the custody issues as related to the Father's retirement.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
RALPH L. DUFF, JR.,
Plaintiff
vs.
MARLENE E. DUFF,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-881 CIVIL TERM
IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER
AND FOR LEAVE TO RELOCATE CHILD OUT OF PENNSYLVANIA
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
petitions the court to modify its prior custody order and to allow him to relocate to North
Carolina with his minor son, Garrett Duff, currently age 14, born 25 March 1993, based
upon the following:
1 . The Petitioner herein is the Plaintiff Ralph L. Duff, Jr., an adult individual who
resides at 110 Pole Cat Road in Landisburg, Pennsylvania 17040.
2. The Respondent herein is the Defendant Marlene E. Duff, an adult individual
who resides at 10 Kristin Drive in Landisburg, Pennsylvania 17040.
3. The parties are the parents of two minor children, Jennifer Duff, born 7 May
1992, and Garrett Duff, born 25 March 1993. The children are the subject of a series of
orders entered by this court, the most recent of which, dated 12 October 2001, is
attached hereto and marked as EXHIBIT A. Under the terms of that order, the parties are
to share both legal and physical custody of the minor children.
4. The parties daughter, Jennifer, over the past year, has resided primarily in the
physical custody of the Defendant and has recently been spending an average of two
nights per week with the Plaintiff for purposes of academic health. The child Garrett
continues to spend equal time with both parents on a week-to-week basis.
5. Plaintiff seeks to move to the state of North Carolina and wishes to take his son
Garrett with him. He believes such a move is in the best interest of the child for the
following reasons:
A. Plaintiff has significant health problems as a result of physical
injuries received during his military service.
B. Plaintiff has been more heavily involved with Garrett's upbringing,
particularly his education, over the last few years and believes it is in the best
interest of the child that Plaintiff have primary physical custody, at least
during the school year.
C. The child Garrett has expressed a preference to reside with, and in
the custody of, Plaintiff and has expressed his desire to move with Plaintiff to
North Carolina.
Based upon these and other factors, Plaintiff believes it will be in the best interest of
Garrett to be in Plaintiff's primary physical custody and to move with Plaintiff and his wife
to North Carolina.
6. Plaintiff believes that a relocation to North Carolina with Plaintiff will not
significantly disrupt Garrett's life or his relationship with other members of his family, for
the following reasons:
A. Although Garrett has a half brother and a half sister who live in
Central Pennsylvania, moving to North Carolina will not significantly disrupt
his relationship with either of them and the child himself has expressed no
concerns about his relationship with them in the event of a relocation.
B. Garrett and his sister are not close and frequently fight and argue
and Plaintiff does not believe that being away from his sister during the
school year will present a significant problem to Garrett or a significant
disruption of his life.
C. Plaintiff is confident that he can arrange a custody schedule for the
child which will enable the child to spend substantial periods of time over
summer and other vacations with Defendant so as to maintain a reasonable
connection and tie with Defendant.
7. Plaintiff has requested that Defendnat agree to slow Plaintiff to relocate the
child with Plaintiff to North Carolina. Although Defendant initially agreed, based upon the
stated preference of the child, she has recently declined to confirm that agreement in
writing.
WHEREFORE, Plaintiff asks this court to schedule an expedited conciliation
conference to address the issues raised in this Petition and, if the parties cannot resolve
the matter at the conciliation conference, to schedule an expedited hearing so that he may
make arrangements to relocate the child to North Carolina when the child's current school
year is completed in June of 2007.
uel L. A des
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date:
-T RALPIH L. DUFF, JR.
??,? EXH1BIT
EXHIBIT A
?. s
OCT 2Q a
RALPH L. DUFF, JR.,
Plaintiff
vs.
MARLENE E. DUFF,
Defendant
: INTHE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-881 CIVIL, TERM
: CIVIL ACTION -LAW
: -IN CUSTODY
ORDER OF COURT
AND NOW, this 1.2 g-- day of Ocre . , 2001, upon
consideration of the attached Custody Conciliation Report it is ordered and directed as follows:
1. The prior Order of this Court dated January 19, 1999 is vacated and replaced with this
Order.
2. 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. Each parent shall
have an equal right, to be exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion.
3. The parties shall share having custody of the Children on an alternating weekly basis, with
the exch71e to take place every Tuesday at a time to be arranged by agreement of the parties.
4. Beginning-at such time as the Father retires from employment, the Father shall have custody
of the Children during the Mother's weeks of custody while the Mother is working and the Children
are not in school. Notwithstanding the foregoing, the Children-shall continue to attend the before-
school program at their school during the Mother's weeks of custody unless otherwise agreed between
the parties.
5. On days during the Mother's custody weeks, when the Father has custody of the Children
after school, the Mother shall pick up the Children at the Father's residence after work.
6. The parties shall cooperate in making necessary adjustments to the custody schedule due to
early school closings, delays or other similar circumstances.
7. When the Father has custody of the Children after school he shall transport the Children to
regularly scheduled activities which begin before the Mother is available after work.
8. The parties shall share or alternate having custody of the Children on holidays as arranged
by agreement.
9. Each party shall be entitled to have custody of the Children for up to two weeks
(consecutive or non-consecutive) each year for purposes of vacation upon providing at least thirty days
advance notice to the other party.
10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
J.
cc: Samuel L. Andes, Esquire - Counsel for Father
Johnna J. Kopecky, Esquire - Counsel for Mother
T PH
tf9 ?Vi??L?t'S??AYY? e';f,i ?' ?t'r?^?, i SF''?•tse,•,-..F; ., ::(.?`:f-' ` •Yy et
:,st L4 L!4? uii+4C `v: e".r,i ft ''••^r' Ei?iS o' ?.r ` " ....
` t 1 {+ {: to
O
.-...
^?
RALPH L. DUFF, JR. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MARLENE E. DUFF
DEFENDANT
96-881 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, Friday, April 20, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 22, 2007 at 8:30 AM
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. All children age 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.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Dawn S. Sunday, Esq. J4
Custody Conciliator
The Court of Common Pleas of Cumberland County 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 before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
talINVflIAS NN3di ry
60 :2! Wd IZ M LOOZ
A8ViONO iC:dd 3HL --V
30)14? +-03113
R'Of ! 9 2001?)
RALPH L. DUFF, JR. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 96-881 CIVIL ACTION LAW
MARLENE E. DUFF
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this , d#'?-day of ? 2007, upon
consideration of the attached Custody Conciliation Report, t is ordered and directed as follows:
1. The prior Order of this Court dated October 12, 2001 is vacated and replaced with this
Order.
2. 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 24, 1993. Each parent shall
have an equal right, to be exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well being including, but not limited to, all decisions
regarding their health, education and religion. Each parent shall be entitled to have equal access to all
records and information pertaining to the Children including, but not limited to, school and medical
records and information.
3. The Mother shall have primary physical custody of Jennifer. The Father shall have primary
physical custody of Garrett and shall be permitted to relocate with Garrett to North Carolina, where
Garrett will be enrolled for the 2007-2008 school year.
4. The Father shall have periods of partial physical custody with Jennifer as arranged by
agreement between the parties, taking into consideration the Child's preferences. The Father shall be
entitled to have custody of Jennifer during any period of time the Father travels to Pennsylvania.
The Mother shall have partial physical custody of Garrett in accordance with the following
schedule:
A. The Mother shall have custody of Garrett from the beginning of the 2007 summer
school break through July 21, 2007, when the Father relocates to North Carolina with Garrett. The
Father shall have custody of Garrett for the remainder of the 2007 summer school break.
B. In 2007, the Mother shall have custody of Garrett for the Thanksgiving holiday from
the evening before the first day of the school break through the evening before school resumes after the
Thanksgiving break. The Mother shall be responsible to pay the costs of the Child's airfare for
purposes of custody under this provision.
C. In 2007, the Mother shall have custody of Garrett for the Christmas holiday from the
evening of the last day of school before the Christmas school break through the evening before school
resumes. The Father shall be responsible to pay the costs of airfare for the Child for the exchanges of
custody under this provision.
D. The parties shall continue to cooperate in making arrangements for custody of the
Child over future school breaks and holidays.
E. The Mother shall be entitled to have custody of Garrett during any period of time the
Mother travels to North Carolina.
6. The parties shall exchange all school, activity and other information related to the Child in
his or her primary custody.
7. Each party shall notify the other promptly of any serious deterioration in his or her health
and the parties shall cooperate in making any appropriate changes in the custodial arrangements
necessitated by the custodial parent's health issues.
8. Counsel for either party may contact the conciliator to schedule an additional custody
conciliation conference in March or April of 2008 to address any unresolved issues concerning the
ongoing custody schedule for the Children.
9. This Court shall retain jurisdiction of this matter pending the custody conciliation
conference to be scheduled in March or April of 2008 unless otherwise agreed between the parties.
10. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
cc: ,Amuel L. Andes, Esquire - Counsel for Father
ane M. Dils, Esquire - Counsel for Mother
Edward E. Guido J.
V!NV IASNN3d
8C :01 WV aC AN LOUZ
AUVIQQNOi .Oda 3Hl n
3Ji -GgIU
Y
RALPH DUFF, JR.
Plaintiff
VS.
MARLENE E. DUFF
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-881 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 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:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Jennifer Duff May 7, 1992 Mother
Garrett Duff March 25, 1993 Mother/Father
2. A custody conciliation conference was held on May 22, 2007 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, Diane M. Dils, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
d-OV-7
Date Dawn S. Sunday, Esquire
Custody Conciliator
LAW OFFICES OF DILS & DILS
DIANE M. DILS, ESQUIRE
Attorney I.D. No. 71873
1400 North Second Street, First Floor, Front
Harrisburg, PA 17102
Telephone No. (717) 232-9724
Attorney for Defendant, Marlene E. Duff
RALPH L. DUFF, JR. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs 96-881 CIVIL ACTION LAW
MARLENE E. DUFF
Defendant IN CUSTODY
COMPLAINT TO MODIFY ORDER OF COURT
AND NOW this day of September, 2007, comes the above
named Defendant, Marlene E. Duff, by her Attorney, Diane M. Dils, Esquire, and
respectfully avers the following:
1. The Defendant above named is Marlene E. Duff, an adult individual
currently residing at 10 Kristin Drive, Landisburg, Perry County,
Pennsylvania 17040.
1
2. The Plaintiff above named is Ralph L. Duff, Jr., an adult individual
currently residing at 110 Polecat Road, Landisburg, Perry County,
Pennsylvania 17040.
3. Plaintiff and Defendant are the natural parents of two children; namely:
Jennifer Duff, born May 7, 1992 and Garrett Duff, born March 25, 1993.
4. Attached hereto and marked Exhibit "A" is a copy of an Order of Court
dated May 30, 2007 wherein Marlene E. Duff had agreed that the minor
child, Garrett, may move with his father to the State of North Carolina as
of July 21, 2007 and that he may attend the 2007-2008 school year in the
State of North Carolina.
5. This agreement was reached as a result of the father's request to permit
the same and as a result of the child's desire at that time.
6. Ralph L. Duff, Jr. never moved to the State of North Carolina.
7. The father, Ralph L. Duff, Jr., permitted mother to retain custody of the
child, Garrett, until July 23, 2007.
8. The mother, Marlene E. Duff, was unaware that the move to the State of
North Carolina did not occur until approximately July 31, 2007. It was
her understanding that when the father picked up the child, Garrett, on
July 23, 2007, that he was moving to the State of North Carolina.
9. The mother, Marlene E. Duff, was not permitted any contact whatsoever
with her son between July 23, 2007 until August 27, 2007, even though
the parties reside only seven miles away from each other.
2
10. The mother, Marlene E. Duff, attempted to call her son and email the
father; however, Ralph L. Duff, Jr. failed to respond to the mother's
telephone calls, failed to respond to the emails.
11. The minor child, Jennifer Duff, attempted to contact her brother at her
father's home several times during this month and her telephone calls
were not returned.
12. Prior to the Order of May 30, 2007 being entered, the parties had shared
physical custody of their children, week on/week off, for approximately
the last ten (10) years.
13. The father, Ralph L. Duff, Jr., failed to notify the mother that he would
no longer be moving to the State of North Carolina and failed to revert to
the prior shared physical custody order.
14. The father, Ralph L. Duff, Jr., did not permit contact between mother and
her son, or between the children, for a period in excess of one month,
failed, to notify mother he did not move to the State of North Carolina,
but instead has invoked the Order of Court dated May 30, 2007 retaining
primary physical custody of his son, Garrett Duff, under false pretenses
and is interfering with the relationship between son and mother as well as
the children.
15. The zactions of the father, Ralph L. Duff, Jr., are detrimental to the minor
child; Garrett Duff, born March 24, 2993.
16. The father, Ralph L. Duff, Jr., has permitted mother one weekend of
visitation with her son since July 23, 2007, that weekend being the
weekend of September 7, 2007.
3
17. The father, Ralph L. Duff, Jr., is in violation of the shared legal custody
provision of the Order entered May 30, 2007 in that he has not informed
mother of all major decisions regarding the minor child, Garrett Duff,
specifically, the fact that he did not remove the child from the
Commonwealth of Pennsylvania but continued to refuse mother contact
with her son.
18. The father, Ralph L. Duff, Jr., is in violation of the Order of Court
entered May 30, 2007, in that, he has refused contact between the child
and his mother for a period in excess of one month.
19. Pursuant to Paragraph 4 of the Order entered May 30, 2007, father was
entitled to periods of partial physical custody with the child, Jennifer, as
arranged by agreement between the parties.
20. Since the father's continued residency in the Commonwealth of
Pennsylvania, he has contacted his daughter and has scheduled one
period of partial custody for several hours, approximately three weeks
ago, with notification to mother.
21. However, on Thursday, September 13, 2007, father picked the minor
child, Jennifer, up at school and did not tell mother, took the child
shopping or for dinner, and returned the child later that evening to
mother's residence.
22. However, mother was at the bus stop waiting for her daughter and was
unaware that she did not get on the bus.
4
23. Father failed to notify mother of his intention to pick up the daughter,
Jennifer, at school and mother was unaware as to the whereabouts of her
daughter.
24. It is in the best interest of the children, that mother be granted primary
physical custody of both children with partial custody rights in the father,
Ralph L. Duff, Jr., every other weekend from Friday until Sunday and for
several hours during one night per week. It is further respectfully
requested that a specific schedule be set forth for holidays and vacation
periods.
WHEREFORE, the Defendant, Marlene E. Duff, respectfully prays your
Honorable Court to grant her primary physical custody of her children with partial
custody rights in the father, Ralph L. Duff, Jr.
Respectfully submitted,
BY:
'Diane M. Dils, Esquire
1400 North Second Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
Date: ? I L C
5
RECEIVED
fY ? ?m .3_1
"01
5
map "4Y 2 92001?6
RALPH L. DUFF, JR. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 96-881 CIVIL ACTION LAW
MARLENE E. DUFF
Defendant IN CUSTODY
ORDER OF COURT
AND NOW this day of 74?0? , 2007, upon
consideration of the attached Custody Conciliation Report, t is ordered and directed as follows:
1. The prior Order of this Court dated October 12, 2001 is vacated and replaced with this
Order.
2. 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 24, 1993. Each parent shall
have an equal right, to be exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well being including, but not limited to, all decisions
regarding their health, education and religion. Each parent shall be entitled to have equal access to all
records and information pertaining to the Children including, but not limited to, school and medical
records and information.
3. The Mother shall have primary physical custody of Jennifer. The Father shall have primary
physical custody of Garrett and shall be permitted to relocate with Garrett to North Carolina, where
Garrett will be enrolled for the 2007-2008 school year.
4. The Father shall have periods of partial physical custody with Jennifer as arranged by
agreement between the parties, taking into consideration the Child's preferences. The Father shall be
entitled to have custody of Jennifer during any period of time the Father travels to Pennsylvania.
5. The Mother shall have partial physical custody of Garrett in accordance with the following
schedule:
A. The Mother shall have custody of Garrett from the beginning of the 2007 summer
school break through July 21, 2007, when the Father relocates to North Carolina with Garrett. The
Father shall have custody of Garrett for the remainder of the 2007 summer school break.
B. In 2007, the Mother shall have custody of Garrett for the Thanksgiving holiday from
the evening before the first day of the school break through the evening before school resumes after the
Thanksgiving break. The Mother shall be responsible to pay the costs of the Child's airfare for
purposes of custody under this provision.
C. In 2007, the Mother shall have custody of Garrett for the Christmas holiday from the
evening of the last day of school before the Christmas school break through the evening before school
resumes. The Father shall be responsible to pay the costs of airfare for the Child for the exchanges of
custody under this provision.
D. The parties shall continue to cooperate in making arrangements for custody of the
Child over future school breaks and holidays.
E. The Mother shall be entitled to have custody of Garrett during any period of time the
Mother travels to North Carolina.
6. The parties shall exchange all school, activity and other information related to the Child in
his or her primary custody.
7. Each party shall notify the other promptly of any serious deterioration in his or her health
and the parties shall cooperate in making any appropriate changes in the custodial arrangements
necessitated by the custodial parent's health issues.
8. Counsel for either party may contact the conciliator to schedule an additional custody
conciliation conference in March or April of 2008 to address any unresolved issues concerning the
ongoing custody schedule for the Children.
9. This Court shall retain jurisdiction of this matter pending the custody conciliation
conference to be scheduled in March or April of 2008 unless otherwise agreed between the parties.
10. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
cc: Samuel L. Andes, Esquire - Counsel for Father
Diane M. Dils, Esquire - Counsel for Mother
Trt
arc
Edward E. Guido J.
VERIFICATION
I verify that the statements made in this complaint of Modify Order of court
are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
Date: September 1$, 2007
CERTIFICATE OF SERVICE
I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the
within Complaint for Shared Legal and Physical Custody has been served upon the
Attorney for Plaintiff, Ralph L. Duff, Jr., by first class, United States mail, by
placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this
day of 2007, addressed as follows:
Samuel L. Andes, Esquire
P.O. Box 168
Lemoyne, PA 17043
Respectfully submitted,
BY:
one M. Dils, Esquire
1400 North Second Street
First Floor, Front
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
Date: September 19, 2007
ilk
rJ Q
o
o'
RALPH L. DUFF, JR. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
MARLENE E. DUFF
DEFENDANT
• 1996-881 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, September 25, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, October 18, 2007 at 10:30 AM
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. All children age 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.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Damn S. Sunda Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County 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 before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
4?r? f, kof, 4*0 10"Or-b
,Irv
St`N 1IdNIN3 3
6 Z C W d GZ d3S LOGI
?.L./- 5e- k
z0-5'- 6
AdVIO O'Hi dd 3HL JO
30)J40--ODjU
Wa s tooer,
RALPH L. DUFF, JR. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 1996-881 CIVIL ACTION LAW
MARLENE E. DUFF
Defendant IN CUSTODY
ORDER
AND NOW, this 24th day of January, 2008 , the conciliator, having conducted a
custody conciliation conference on November 2, 2007, after which this matter was placed on hold and
having now been notified by the Petitioner's counsel that all custody issues have been resolved by
agreement and no further Order from this office is necessary, hereby relinquishes jurisdiction.
FOR THE COURT,
Dawn . Sunday, Esquire
Custody Conciliator
I id
T
LAW OFFICES OF DILS & DILS
DIANE M. DILS, ESQUIRE
Attorney I.D. No. 71873
1400 North Second Street, First Floor, Front
Harrisburg, PA 17102
Telephone No. (717) 233-8743
Attorney for Defendant, Marlene E. Duff
RALPH L. DUFF, JR., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLANIA
vs.
MARLENE E. DUFF,
Defendant
TO THE PROTHONOTARY:
NO. 1996-881
CIVIL ACTION - LAW
CUSTODY
PRAECIPE
Please withdraw the Complaint for Custody filed on behalf of Marlene E.
Duff in the above matter.
Respectfully submitted,
BY-
iane . Dils, Esquire
1400 North Second Street
First Floor, Front
Harrisburg, PA 17102
(717) 233-8743
I.D. No. 71873
Date: February 21, 2008
ti
CERTIFICATE OF SERVICE
I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within
Praecipe has been served upon the following individuals by first class, United
States mail, postage prepaid, by depositing same at the post office in Harrisburg,
Pennsylvania, on th? day February, 2008, addressed as follows:
Dawn S. Sunday, Esquire
39 West Main Street
Mechanicsburg, PA 17055
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
Respectfully submitted,
Diane M. Dils, Esquire
1400 North Second Street
First Floor, Front
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
February 21, 2008
? ?
-ors
.--?
? - ? ?`??
N
...??;
?:.
?'? t1? ;
.,r, t`