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Home My WebLink About96-01901 , ~ I I ~ "'"~" ,': , i." "{. . rJ ,-- -..l .... , .F) ...:::;-. ,. '.'\ v. :g I~--) 1,'; III '" i': , ~- "" '.:r- '0 r-.,. "{) "...., "0 ..... 1 I ,~ .j: , ~ \ ,. <..J -....3 " I': (\~ - ~ ~. (j r.:4~' ~ . . DAVID M, MILLIKEN, Sit, Plaintifl' v, IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1 ~, 11"(\ ( () ( (I; C J LL.'I'--- CIVIL ACTION - LAW DON ITA D. DERR, Dcfcndant IN CUSTODY ORUER OF COURT AND NOW, this -l.G1!-day of ()fLLL. 1996 on considcration ofthc attached petition. it is hereby directed that the parties and their rcspectivc counsel appcar bcforc '\p,...:.. S\k'ldfH'I_' Esquirc, the conciliator, at -qCj L\.), nllI \ (\ S~. I m ~r II . on the _l~!!Jlay of rv\(VI .1996, at \ J!.,M, for a Prc-Hearing Custody Conference. At such conference, an efibrt will be made to rcsolve thc issues in disputc; or if this cannot bc 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 this conference may provide grounds for entry of a temporary or permanent order, Hearing to be held at BY THE COURT, BY: (Jr",rn ,..c-L.(,,/1rl.<'l'I, (~ ~ Custody Conciliator I ) YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, IFYOU DO NOT HA VE A LAWYER OR CANNOT AFFORU ONE, GO TO OR TELEplIONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Carlisle, PAl 7013 (717) 240-6200 DAVID M, MILLIKEN, SR., Plaintifi' : IN TI IE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy,pENNSYLVANIA v, : NO, 1(,' /1'0/ Cu.d' -r.t.~ : CIVIL ACTION. LAW DON ITA 0, DERR, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY I. Plaintiff, David M. Millikcn, Sr" is an adult individual rcsiding at 152 S. Enola Drivc, Enola, Cumbcrland County, Pcnnsylvania, 17025, 2. Dcfendant, Donita 0, Dcrr is an adult individual rcsiding at 208 S. Enola Drivc, Enola Cumbcrland County, Pcnnsylvania, 17025, 3, Plaintiffsecks primary physical and legal custody ofthe partics' minor child David M, Milliken.Derr bom January 3, 1991, currcntly residing at 208 S, Enola Drivc, Enola, Cumbcrland County, Pcnnsylvania, 17025. 4, In the past fivc years, thc partics' child has rcsided with thc following pcrsons, althc addrcsscs and for thc periods oftimc indicatcd bclow: DefcndantlMothcr, Dorothy & Don Dcrr, Dcbbie, Eddic & Hcathcr Mack 208 Enola Drivc, Enola, I' A 2/9/96 . prescnt Plaintiff/Falhcr, Dcfcndant/Mothcr, Jason & Maria Dcrr 152 S. Enola Drivc, Enola, pA 9/88 . 2/9/96 Thc child was born out of wcdlock. Thc child is prcscntly in thc custody of Dcfcndant. Donila D. Dcrr who rcsidcs al 208 S. Enola Drivc, Enola, Cumbcrland County, Pcnnsylvania, 17025, . Page 3 Whrrrrorr, PlaintilT, David M, Milliken, Sr., respectfully requests Ihal he be awarded primary physical and legal custody orthe subject minor child as provided herein. Respectfully submit led, DeArmond & DeArmond ~' ,- ~' KelllB'De~~-- Allorney ID Number 58878 2800 Market Slreet Camp Hill, PA 17011 (717) 730-9394 DATE: ~ VERI FICA TION I, David M. Milliken, Sr., the undersigned, do hereby verify that the statements made in .he foregoing instrument are true and correct to the best of my knowlcdge, information and belier. I understand that statements hcrein are madc subject to thc penaltics of 18 Pa. C. S. Scction 4904, relating to unsworn falsification to authoritics. D(j~ A/l(;,tt/v-jf{,. David M. Milliken, Sr, Date: Lj/,/?, I ( ;I~ - ~ 1:.1< It', ~J~ . ~~ ,gi~ ~~ Bi Il, I' ~ ~ ~~JI m~ . -I > 11 ._ . ~ ;1 \J'1Ii t::l ~ ~~ j' ~ ~ ~~ J ,C._ !I~~ . :: ; 2l ia 'lJ~] . . 0 .. E ~ ~ ~ fll . , -. . - ------- - -- ---- --.-.. ------ : . . . . .. ~ DAVID M. MILLIKEN, SR. Plaintiff IN THE COURT OF COOMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-l901 CIVIL TERM IXlNITA D. DERR, Defendant . . : CIVIL ACTION - LAW : CUSTODY axJRT OODBR '''~ I AND NCM, this J-:-, day of ,I "~'~k consideration of the attached Custody conciliatilon ordered and directed dS follows: , 1996, upon Report, it is hereby l. The Mother, Donita D. Derr, and the Father, David M. Milliken, Sr., shall have shared legal custody of David M. Nilliken-Derr, born January 3, 1991. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child every Wednesday from 4:30 p.m. until 7:30 p.m. In addition, the Father shall have partial physical custody of the Child on an alternating weekend schedule as follows: A. Saturday, May le, 1996 from l:oo a.m. until 6:00 p.m. B. Sunday, May 19, 1996 from lO:oo a.m. until 3:00 p.m. C. Saturday, June l, 1996 from lO:oo a.m. until 5:00 p.m. D. Sunday, June 2, 1996 from lO:oo a.m. until 5:00 p.m. E. Saturday, June 15, 1996 at 9:00 a.m. until the following Sunday, June l6, 1996 at 3:00 p.m. F. Saturday, June 29, 1996 at lO:oo a.m. until the following Sunday, June 30, 1996 at 6:00 p.m. G. Alternating weekends thereafter. 4. The parties agreement on the gradually expanding weekend custody schedule is based upon the Child's lack of contact with the Father since February 1996. After the foregoing transition period, however, the partiell intend and agree that the alternating weekend partial custody schedule shall be further expanded to begin on Fridays at 5:00 p.m. and end on Sundays at 6:00 p.m. as soon as it is in the Child's best interest. 5. The parties shall share or alternate custody of the child on holidays as arranged by mutual agreement of the parties. Extended summer vacation custody shall also be arranged by mutual agreement of the parties. . DAVID M. MILLIKEN, SR., Plaintiff IN THE COURT OF ca-IMOO PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. NO. 96-190l CIVIL TERM . . lXlNITA D. DERR, Defendant CIVIL ACTION - LAW : CUS'IODY . . aJS'roOY CXH::ILIATIOO 5lI'lMARY REPOOT IN A<XnUlANC8 WITII cnmERLAND CXXm'Y RULE OF CIVIL PROCEDURE 19l5.3-B, the undersigned Custody Conciliator submits the following report: l. The relevant information pertaining to the Child who is the subject of this litigation is as follows: NAKB BIRTIIDATB alRRPNl'Ly IN aJS'roOY OF David M. Milliken-Derr January 3, 1991 Defendant/Mother 2. A Conciliation Conference was held on May l4, 1996, with the following individuals in attendance: The Father, David M. Milliken, Sr., with his counsel, Keith B. DeArmond, Esquire, and the Mother, Donita D. Derr, with her counsel, Joan Carey, Esquire and Sandy Foster, Esquire. 3. The parties agree to entry of an Order in the form as attached. ~L~ Dawn S. Sunday, Esquire! Custody Conciliator 11'l~ Is-. / ?9~ , Date DAVID M. MILLIKEN. Sit, PlalntillYPetitioner IN TilE COURT OF COMMON PLEAS OF CUMIlElU.AND COUNTY. PENNSYLVANIA VS, NO, 96-1901 CIVIL ACTION - LAW DONITA D, DERR, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this ~ I si' day of 0 < \z,\,( r- . 19l)6 on consideration of the all ached pe~il is hereby, directed thatlhe parties and their respective counsel appear before '~'l r "'- , .~ ., "'(2 ~..~,\~ 1. 'I' '3 t ;s l' ~ 'U,'f '-'~'h ~t. , ~ _, ,"-""So ESlJUlre, the conCllator, 01 o~ ,S. I ~' h . ..,,,.. . Y"lrTt...,,/.,1,., on the ~\day of --1)(-( ,'<f'\ 11/'1 , 1996, al -1,\' cJ _,M, for a Pre,Hearing Custody ~ Conference, At such conference, an eOort 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 lemporary order, All children age five or older may also be present at the conference, Failure to appear at this conference llIay provide grounds for entry of a temporary or permanent order, Hearing 10 be held at BY THE COURT, o ~lI..-dJ'('I~-b'- BY:~kv{....{.,,~ Custody Conciliator -':-:f.~;. YOU SIIOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IIA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TilE OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland Counly Courthouse Carlisle.PA 17013 (717) 240-6200 r:tYO,OfF]r;E C'~ T' ,- :"',: '.!..~,"..~Ir:\1 '" .,1,".11 ::G r~r:" - r. [':1 ,.",' . .... "..,.4 "I " l,vl.l, ,_l.L .. . '." 1,;'1'1" I.I:!,,,,,,.,, "J . L.;. \1\.)1 '-.j~'!\ II' t.. tJ~ //'/.t ,f~ II' t. , ?6 lM' (11fJ! 1}J;Ji~~ t; ddt ~c2.<~ 7W~7M~~~ - (~.I':P I'~h,~/ ". . ~ <4 ~...-~:)o, ~ ;h ,I.J ~~~:I :tl i ~ ".0 ~~ l'r~, ~ ~ ~~ J I ~-: ~~ ~ ~~ . '~1l.5": ~ ~ lJ'lIi 1:1 a ~ ~~~ ~ ~ g I __ ~ ~ ,t ._ . ;: c s ",-5 . . fa.~JlJ~~ ~I~ :c r:l ~ ! ~ ~ ....... , . . ':' . .. . . . . . !' .IF . . , DAVID M. MILLIKEN, SR. IN THE COURT OF COOMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 96-1901 CIVIL TERM OONITA D. DERR, CIVIL ACTION - LAW Defendant . IN CUSTODY . CJU>ER OF CXXIRT (1/ AND tuoI, thisLday of - (' C e 'Ii consideration of the attached custody Conc and directed as follows: , 1996, upon it is ordered 1. This Court's prior Order dated May 23, in effect with the exception of paragraphs 3, 4 and and replaced with the following provisions. 2. The Father shall have partial custody of the Child every Tuesday from 4:30 p.m. until 8:15 p.m. In addition, the Father shall have custody of the Child on alternating weekends from Friday at 5:00 p.m. until Sunday at 6:00 p.m. In the event the Child requires medical treatment and is hospitalized during the Father's scheduled weekend periods of custody, the Father shall be entitled to spend his weekend period of custody with the Child in the hospital, including the overnight period. In the event the Father does not plan to exercise his right to weekend custody at the hospital with the Child, the Father shall provide reasonable advance notice thereof to the Mother so that she may plan to be with the Child. 1996, shall continue 5, which are vacated 3. The parties shall share or alternate custody of the Child on holidays as follows: A. Christmas - The Christmas holiday shall be divided into segment A, which shall begin on Christmas Eve at 5:00 p.m. and end on Christmas Day at 12:00 noon, and Segment B, which shall begin on Christmas Day at 12:00 noon and end on December 26 at 12:00 noon. The Father shall have custody of the Child during segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during segment B in even numbered years. B. New Years Day - The Mother shall have custody of the Child every year on New Years Day from 9:00 a.m. until 8:00 p.m. C. Easter - In every year, the Mother shall have custody of the Child on Easter Sunday from 9:00 a.m. until 2:00 p.m. and the Father shall have custody of the child from 2:00 p.m. until 9:00 p.m. '",' D. Memorial Day - The Father shall have custody of the Child every year on Memorial Day from 9:00 a.m. until 8:00 p.m. E. July 4th, Labor Day and Thanksgiving - The Mother shall have custody of the child from 9:00 a.m. until 8:00 p.m. on July 4th and Thanksgiving Day in even numbered years and on Labor Day in odd numbered years. The Father shall have custody of the Child from 9:00 a.m. until 8:00 p.m. on July 4th and Thanksgiving in odd numbered years and on Labor Day in even numbered years. F. Father's Day/Mother's Day - The Mother shall have custody of the Child on Mother's Day in every year from 9:00 a.m. until 8:00 p.m. The Father shall have custody of the Child in every year on Father's Day from 9:00 a.m. until 8:00 p.m., unless Father's Day falls on the Mother's birthday, in which case the Father shall have custody of the Child from 9:00 a.m. until 2:00 p.m. and the Mother shall have custody of the Child from 2:00 p.m. until 9:00 p.m. 4. The Father shall have custody of the Child during the summer school break for two (2) nonconsecutive weeks, upon providing advance notice to the Mother of the specific dates for vacation custody by May 1 of each year. The Father may take his periods of sunrner vacation custody in whole weeks or in partial week periods. 5. The holiday custody schedule shall supersede the regular custody schedule set forth in this Order. 6. 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 agreement. In the absence of mutual agreement, the terms of this Order shall control. BY THE COURT, ------- Haro cc: Keith B. DeArmond, Esquire - Counsel for Plaintiff/Father Jan Terpenning/Matt McClanahan - Counsel for Defendant/Mother ~i'~.cl ',),/IUI%, .q. fl. w- DAVID M. MILLIKEN, SR. Plaintiff IN THE COURT OF CXlMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. : NO. 96-1901 CIVIL TERM . . OONITA D. OEM, Defendant CIVIL ACTION - LAW IN CUSTODY PRIOO JUDGB: Harold E. Sheely, P.J. CUS'l'CDY CXH:ILIATION 5lJlMl\RY REl'OOT IN ACXDUlANCE wrm a.tlBERLAND CXUll'l( RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME BIRTIIDl\TB amRPNl'Ly IN aJSTOOY OF David M. Milliken-Derr January 3, 1991 Defendant/Mother 2. A Conciliation Conference was held on December 3, 1996, with the following individuals in attendance: the Father, David M. Milliken, with his counsel, Keith B. DeArmond, Esquire, and the Mother, Donita D. Mack (formerly Derr), with her counsel, Jan Terpenning and Matt McClanahan. 3. The parties agree to entry of an Order in the form as attached. I iJ,J tI J ~tJ Date ~ custody Conciliator