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Home My WebLink About00-03669 ,_,___.1';,__,' "" gl, ~ JUL 2 0 2' DUANE L. DAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3669 CIVIL ACTION - LAW CUSTODY vs. MICKI J. DAY, Defendant URT AND NOW, this t'" day of , 2000, upon consideration of the attached Custody Conciliation Summary Report, it is ered and directed as follows: 1. Parents, Duane L. Day, and Micki J. Day, shall have shared legal custody of Alexandra P. Day, born December 18, 1993. 2. Physical custody of the minor child shall be shared between the parents as follows: A. Mondays and Wednesdays, the child shall be with Mother. B. Tuesdays and Thursdays, the child shall be with Father. C. Alternate Friday evenings commencing July 21, 2000, Father shall have from Friday evenings until Monday morning. D. On weekends opposite Father's weekends, Mother shall have custody from Friday evening until Monday morning. 3. The parties shall continue to work together in an endeavor to arrange for the child to be with the other parent if one party is working during their custodial period, such that the parties shall give each other the first right of refusal in the event that they are scheduled to work during a period of custody. 4. The parties shall alternate holidays as they have in the past due to Mother's work schedule. 5. Each of the parties shall have one week vacation, as agreed upon by the parties subject to 30 day notice to the other party. Cooperation and consent to vacation with the minor child shall not be unreasonably withheld by the other party. 6. This Order is entered based on agreement of the parties achieved at a Custody . ) Conciliation Conference. Both parties have been informed that the Order is temporary.rf\Y and that it may be presented for modification upon r etition of the Court. ...," I 0 BYT~,ECOU~Y t~-~t J. Dist: Jeanne' B. Costopoulos, Esquire, 1400 N. 2nd Street, Harri urg, PA 17102, counsel for plaintiff Robert L. O'Brien, Esquire, 17 W. South Street, Carlisle, PA 7013, counsel for defendant Ii I ~~ - !1lIIIIl,,., n.. ,_~":_~,~ ,_ """'" JJt - ~ .- ~ ~ "~. c.J C) '2, d ~,,,," -.:J(~--" t;;\\:, %;;1: ~c ~~~:, yL~ ",,;:'" /> ~- \~~ ~.) ..' --~ ^ :?, / ...- " .... .- .~~!I'l'i~~IiI'1!'l!,~~~~~_~~.ll!jM:rw.iI'@l," "~. ~.." ~ -' ' , ~''''i I I I I i I I , - . . DUANE L. DAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2000-3669 vs. MICKI J. DAY, Defendant CIVIL ACTION - LAW 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandra P. Day December 18, 1993 Mother and Father 2. A Custody Conciliation Conference was held on July 17, 2000, with the following individuals in attendance: The Father, Duane L. Day, with his counsel, Jeanne' B. Costopoulos, Esquire; and the Mother, Micki J. Day, with har counsel, Robert L. O'Brien, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. 1~ I q -" :l1JnJ L{~Gr Melissa Peel Greevy, Esquire Custody Conciliator ) I Date ,~ ~~ .- " DUANE L. DAY PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICKI J. DAY 2000-3669 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of June ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear befonMelissa P. Greevy, Esq. . the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 17th day of July ,2000, a1l1:1SAM 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. FOR THE COURT, By: Isl Melissa P. Gree'l!Y. EsqW 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 TillS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 " ~"dS-CO ~ ".)] -a:; tR c)J -00 """"""_"0 ,"H' ~ '. ~~~ '- I:" i;-:: en ill) :;;:'--: tli L' .'.... ..;\..; ',,-' ',. ", v .,-- ,_ ---', ,"--".'it.rr"',' CUI";I",~.-,,(i k'\if.. ,_.1 IlJI'-:.I) 'I~ _ ,_', ,',"; '1 .',,," _' 'v PENr.]SYLVAN1A ta"l~_~~4~ ~~ ~zCJ'~ ~. ~~ -z, 4~ "..- ~ 0, '" , ~~ , ,.~fi!L~.~.~.".J~I!r!'1d~"W<!!fmJi!'~~~~~Jh~k 1" ~ " __ , . . . ....101"" I DUANEL.DAY, Plaintiff v. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 00 - .31..1..9 (] t~ ~ ( '---r~ MICKI J. DAY, Defendant CIVIL ACTION - AT LAW CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , conciliator, at day of ,2000, at _ o'clock _.m., on the 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. FOR THE COURT: BY: Custody Conciliator , .- ~ ~, -' - , ,"",,, , . . DUANEL. DAY, Plaintiff v. : TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. tf1) 0 -33(" 9 Ce;ftJ -r b-'> MICKI 1. DAY, Defendant : CIVIL ACTION - AT LAW : CUSTODY ORDER OF COURT You, Micki 1. Day, Defendant in the above-captioned custody actiol1, have been sued in court to obtain custody, partial custody or visitation of the following child: Alexandra P. Day, DOB: 12/18/93 You are ordered to appear in person at ,on , at _ _.M., for a conciliation or mediation conference. _ a pretrial conference. _ a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LA WYERREFERAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 BY TIIE COURT: Date: 1. ~ , 0;;[<, DUANEL. DAY, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. MICKI 1. DAY, Defendant CIVlLACTION -ATLAW CUSTODY AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about 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. BY THE COURT: Date 1. - ---,,' -, - -~ ,'~ 0 , J;,~ DUANE L. DAY, Plaintiff v. : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 1>0 - 3f,i Cf ~f.R.-<-- MICKI J. DAY, Defendant : CIVIL ACTION - AT LAW : CUSTODY COMPLAINT IN CUSTODY AND NOW, the Plaintiff, Duane L. Day, by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Duane L. Day is an adult individual who currently resides at 50 Bonnybrook Road, Lot 19, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Micki J. Day, is an adult individual who currently resides at 2171 Newvil1e Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. There is one dependant child from this marriage, namely Alexandra P. Day, DOB: 12/18/93. 4. The Plaintiff seeks primary custody of the following child: Name Present Residence ~ AlexandraP. Day 50 Bonnybrook Road Carlisle, PA 17013 6 and 2171 Newville Road Carlisle, PA 17013 -. ,,'- '" - ."i\\!;; 5. The child was not born out of wedlock. 6. The child, Alexandra P. Day, is presently in the custody of her mother and father; the mother resides at 2171 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17013 and the father resides at 50 BonnybrookRoad, Lot 19, Carlisle, Cumberland County, Pennsylvania, 17013. 7. During the past five years, the children resided with the following persons and at the following addresses: Name Address Dates Duane L. Day and 50 Bonnybrook Road 12/18/93 - Micki J. Day Carlisle, PA 17013 5/12/00 Duane L. Day 50 Bonnybrook Road 5/12/00 - Carlisle, PA 17013 Present Micki J. Day 2171 Newville Road 5/12/00 - Carlisle, PA 17013 Present 8. The mother of the child is Micki J. Day, Defendant, currently residing at 2171 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17013. 9. The father ofthe children is Duane L. Day, Plaintiff, currently residing at 50 Bonnybrook Road, Lot 19, Carlisle, Cumberland County, Pennsylvania, 17013. 10. Plaintiff is presently married to Defendant, although they have been separated since May 12,2000. 11. The relationship of the Plaintiff to the children is that of natural father. 12. The relationship of the Defendant to the children is that of natural mother. To Plaintifl's knowledge, Defendant currently resides with Alexandra P. Day (daughter) and Tracy Halter, a fiiend. However, it is not known if Defendant is residing with anyone else. 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 15. The best interests and pennanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural father of the child. (b) Plaintiff has established a relationship with the child. (c) Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the child. (d) The child should be permitted to enjoy the love, affection, and emotional support which can be provided by her natural father. (e) The child would benefit from continued custody with her natural father. 16. Each parent whose parental rights to the child have not been terminated and the pe.roow who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. ., ii WHEREFORE, Plaintiff respectfully requests that he be granted primary physical custody of his child subject to periods of visitation with Defendant. Respectfully submitted, Jeanne . Costopoulos, Esquire ATT YFORPLAINTIFF 1400 N. Second Street Harrisburg, P A 17102 (717) 221-0900 Supreme Ct. ill No. 68735 Date: ~_(lv(".~ ~ i1 ,~ , -'.." DUANEL. DAY, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. MICKI J. DAY, Defendant : CIVIL ACTION -AT LAW : CUSTODY VERIFICATION I, Duane L. Day, hereby verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: &:, ~ 1'1-00 Signature: