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Home My WebLink About04-5967 JILL N. DARR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DAVID L. DARR, JR. , Defendant CIVIL ACTION - LAW No. 04 - 6"df~'" CIVIL IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Jill N. Darr, residing at 127 Center Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is David L. Darr, Jr., residing at 4 Forgedale Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. 4. Plaintiff seeks custody of the following child: Name Cambree Darr Present Residence 127 Center Street Carlisle, P A 17013 DOB 7/25/2001 Age 3 yrs. 4 mos. The child was born out of wedlock 5. The child is presently in the custody of Jill N. Darr, residing at 127 Center Street, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Jill Darr 127 Center Street Carlisle, PAl 71 03 2 years to present Jill & David Darr 1107 Pheasant Drive, North Carlisle, P A 17013 1 year - 2 years Jill & David Darr 50 S. Pitt St. Carlisle,PA 17013 birth - 1 year 6. The mother of the children is Jill N. Darr, residing at 127 Center Street, Carlisle, Cumberland County, Pennsylvania 17013. She is married. 7. The father of the children is David L. Darr, Jr., residing at 4 Forgedale Drive, Carlisle, Cumberland County, Pennsylvania 17013. He is married. 8. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons. Name Cambree Darr Relationship Daughter 9. The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons. Name Unknown Relationship Girlfriend 10. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 11. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. Plaintiff continues to maintain the same family household for the child that has been maintained since birth. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: /;"'cJf~ tJLj t':11~LJv/l 155 S. Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court J.D. # 89028 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. ~f'\~ - ~ J U\ ~ '-oj "" ~ ~ - , ..q ~ d 0 ~ ~ ~ C G:':I :::-...... .r;- 9Yfi~ :;;e ...... 0 :!":!J ...::: ri1 r:: ~ :;7r- N -om ((.J/ 'cJC( " U) (,~o f'- <:: -4_ J'""C'-' -0 "r ~ z(.":' 3': t5"B ;:p. _J E/n c: t.2 ~ ::p! r ":0 C1' :..< FEB 2 2 2005 1" 1.-\ rA JILL N. DARR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DAVID L. DARR, JR., Defendant NO. 2004-5967 IN CUSTODY COURT ORDER AND NOW, this z g- day of February, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed that the follow temporary Custody Order is entered: 1. The Mother, Jill N. Darr, and the Father, David L. Darr, Jr., shall enjoy shared legal custody of Cambree A. Darr, born July 25, 2001. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy liberal periods of temporary physical custody of the minor child as follows: a. On alternating weekends from Friday evening until Monday morning, the times to be arranged between the parties. b. On one evening per week which will be overnight, and on one evening per week which will be from 4 p.m. until 8 p.m. The times shall be arranged between the parties. c. At such other time as the parties may agree. 4. Legal counsel for the parties shall conduct a telephone conference call with the Custody Conciliator on April 12, 2005, at 8 a.m. and at that time it will be determined whether the existing Custody Order needs to be modified or whether the matter needs to be referred to the Court for a hearing. In the event the parties feel we need to accelerate the conference call with the Conciliator, legal counsel for the parties may contact the Conciliator directly to do so. BY THE COURT, cc:..Mkhael J. Whare, Esquire ~ie Adams, Esquire ~ 03-QI-(J!5 . JILL N. DARR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW DAVID L. DARR, JR., Defendant NO. 2004-5967 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Cambree A. Darr, born July 25,2001. 2. A Conciliation Conference was held on February 18, 2005, with the following individuals in attendance: The Mother, Jill N. Darr, with her counsel, Michael J. Whare, Esquire, and the Father, David L. Darr, Jr., with his counsel, Jane Adams, Esquire. 3. Upon the Conciliator's recommendation, the parties are prepared to submit to a temporary Order on the condition that it will be reviewed within sixty days and the parties can advance a contrary position at a hearing in this case. The Conciliator recommends an Order in the form as attached. ::J- al~ 0 j DATE Hubert X. Gilroy, Esq Custody Conciliator { RECEIVED MAY 0 21005 ~1\ .JILL N. DARR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW PA VID L. DARR, JR., Defendant NO. 2004-5967 IN CUSTODY COURT ORDER AND NOW, this '/ - day of May, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The Mother, Jill N. Darr, and the Father, David L. Darr, Jr., shall enjoy shared legal custody of Cambree A. Darr, born July 25, 2001. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy liberal periods of temporary physical custody of the minor child as follows: a. During Week "A", which begins on April 24, 2005, from Sunday at 3:00 p.m. until Tuesday and from Friday evening until Sunday at 3:00 p.m. b. During Week "B", which begins on May 1, 2005, any two overnights during the week on which the parties may agree. c. At such other time as the parties may agree. 4. A holiday schedule shall be as follows: a. The mother shall always have Mother's Day and the father shall always have Father's Day, which shall be defined as 9:00 a.m. until 8:00 p.m. u..: (' ) F~ .....~ "r' C.) UJ ___.1 J ,--,-!.L ~r f-: U_ o l...!J _::,{ -'" , >- ..:::): :it: ~ '-~ ~ b. Father shall have custody of the child on Memorial Day and Labor Day from 9:00 a.m. until 8:00 p.m. in odd numbered years, with mother having custody under that time frame in even numbered years. c. Mother shall have custody of the child on Easter from 9:00 a.m. until 8:00 p.m. in even numbered years, with father enjoying custody in odd numbered years. d. Mother shall have custody of the child on July 4th from after school on July 3'" until 9:00 a.m. on July 5'" in even years, with the father having that period of custody in odd years. e. Thanksgiving shall be split into two segments. Segment "A" shall consist of Wednesday before Thanksgiving until Thanksgiving Day at 2:00 p.m., and segment "B" shall consist of Thanksgiving Day at 2:00 p.m. until Friday at 8:00 p.m. The parties shall alter these two segments each year with mother having segment "A" and father having segment "B" in 2005. f. Christmas shall be split into two segments. Segment "A" shall consist of December 24th at 3:00 p.m. until December 25th at 1:00 p.m., and segment "B" shall consist of December 25th at 1:00 p.m. until December 26"' at 8:00 p.m. The parties shall alternate those two segments each year with motber having segment "A" and father having segment "B" in 2005. g. New Years shall be split into two segments. Segment" A" shall consist of after school on New Year's Eve until 1:00 p.m. on New Years Day, and segment "B" shall consist of New Years Day at 1:00 p.m. until January 2nd. If the child has school on January 2nd, the parent's custody would end at the beginning of school. The parties shall alternate those two segments each year with mother having segment "A" and father having segment "B" in 2005-2006. 5. Each party shall upon two weeks written notice have the right to take one week of uninterrupted vacation during the year. A vacation shall be dermed as seven consecutive days and shall include mother's/father's custodial weekend. 6. The parties may modify this agreement as they deem appropriate and as they agree. However, absent an agreement between the parties, the terms of this Order shall control. BY THE COURT, ccYMichael J. Whare, Esquire ~ne Adams, Esquire .; '~\. f~6~. [;)( t~~~ / .\ ~DCj ~EJ'O'-\ JILL N. DARR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION . LAW Ji>A VID L. DARR, JR, Defendant NO. 2004-5967 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT ~N ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF ROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following eport: , 1. The Conciliator spoke with legal counsel for the parties in a telephone Conference and, based upon that Conference, submits the recommended Order in the form as attached. E -)-tJ l' DATE