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Home My WebLink About06-3135 DWAYNE N. MCMILLEN, PLAINTIFF v. KARLA M. McMILLEN and KENNETH ABATE, DEFENDANTS IN THE COURT OF OMMON PLEAS CUMBERLAND CO NTY, PENNSYLVANIA NO. 61.- JJ35' .. ~ : CUSTODY ACTION COMPLAINT FOR CUSTODY . 1, The Plaintiff is Dwayne N. McMillen residing at 314 Second Street, West Fairview, PA 17025, 2, The Defendant is Karla M. McMillen residin at 795 Valley Road, Marysville, PA. 3, The Defendant is Kenneth Abate residing at 5 S uth Enola Drive, Enola, PA, 4. Plaintiff seeks custody of the following children: Name Aaron M. Abate Desiree N, McMillen Present Residence 314 West Second Street West Fairview, PA 314 West Second Street West Fairview PA Aoe (DOB: 6/26/98) (DaB: 6/14/99) 5. Aaron was born out of wedlock to Defendants, Karla M. McMillen and Kenneth Abate. Desiree was born out of wedlock to Plaintiff, wayne N. McMillen, and Defendant, Karla M, McMillen, 6. The children are presently in the custody of Defe dant who resides at the above referenced address. 7. During the past five (5) years, the children have r sided with the following persons and at the following addresses: Persons Address Plaintiff 314 West Second Street West Fairview, PA Plaintiff and Karla McMillen 314 West Second Street West Fairview, PA Plaintiff and Karla McMillen 446 Third Street West Fairview, PA Plaintiff 415 West Second Street West Fairview, PA Plaintiff and Karla McMillen 415 West Second Street West Fairview, PA Dates /10/06-present 9/05-4/10/06 3/03-9/05 10/02-3/03 1/01-10/02 8, The Mother of the children is the Defendant, K ria M. McMillen. She is currently married but separated from Plaintiff. 9. The Father of Desiree is the Plaintiff, He is curren Iy married but separated from Defendant, Karla M, McMillen. 10. The Father of Aaron is Defendant, Kenneth Abate He is currently single. 11 , The relationship of the Plaintiff to Desiree is of ather. Plaintiff stands in loco parentis to Aaron. The Plaintiff currently resides with hims If and the minor children at the above referenced address. 12. The relationship of the Defendant, Karla M. Mc iIIen, to the children is that of mother. The defendant currently resides with herself a d William R. Gingrich at the above referenced address, 13. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the children in this or anot er Court, 14. Plaintiff has no information of a custody pro eeding concerning the childrenr pending in a Court of the Commonwealth or any other state. 15. Plaintiff does not know of a person not a party to t e proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 16. The best interest and permanent welfare of the c ildren will be served by granting the relief requested because father has played an ac ive and nurturing role in the development of the children and the continued relations ip would be in the best interests of the children. 17, Each parent whose parental rights to the c i1dren have not been terminated and the person who has physical custody of the ch Idren have been named as parties to this action. WHEREFORE, Plaintiff, Dwayne N, McMillen, request the Court to grant the parties shared legal custody of the children, award him prima physical custody of the children and provide Defendants periods of partial physical cust dy of the children. Respectfully su By: James G, N alon, III, Esquire Attorney I.D. #46457 2411 North ront Street Harrisburg, A 17110 (717) 232-9 00 VERIFICATION I, Dwayne N. McMillen, verify that the statemen s made in the foregoing Complaint are true and correct. I understand that false stat ments herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. fffcdL Dated: ~ 19 ~.1 ~ ~ .~ '0 .~ ? D _ ~ L/ ~~ C> ~::> ~ '*- ~ CA -..J o c ti::~; ~ c:;:) c.r '- ~ ~- \ - -t) ~ ~ .-< ff..:!l ..,.,';:;] :flY ()C' ,_:;:4'"\ ~_';;-; .-n ',;,!-O r:,.,.rn ~ J? ::2 - ;;:- - , DWAYNE N. MCMILLEN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-3135 CIVIL ACTION LA W KARLA M. MCMILLEN AND KENNETH ABATE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, June 09, 2006 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S, Sunday, E.q, at 39 We.t Main Street, Mechanic.burg, PA 17055 on Friday, June 30, 2006 , the conciliator, 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 hearin\!, FOR THE COURT. By: 1.1 Dawn S. Sunda Es 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 HA VE 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 ~ -r 2 ~ ""'P ?,,_,;_? ~:?~-~ 1/7,;? '>> ~ -P R ""'..... ~ ~ ?;? I? " '}'-:,_:r:t-,:;\Fk1 \j",",I.. ""0' '._",,,,,, . J! :~,," :.'.,:t :::r-'/\;II<J AlN;Y~ . . t,ld G- I:nr 9DGZ r2.S I. - .,., :]'-\1:10 . : ;,',:) I :','(1 ...1\ A':1'c"i ll:\'.., 'c' "1"-11:1 ('/~~ ~"""-'~~, '1" c'.' '._ .:1<),._"", ~ OCT ~ 4 2006 DWAYNE N. MCMILLEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-3135 CIVIL ACTION LAW KARLA M. MCMILLEN AND KENNETH ABATE Derendmt IN CUSTODY ORDER AND NOW, this 3rd day of October.2006, the conciliator, having received no request from either party to reschedule the conciliation conference originally scheduled for June 30, 2006, hereby relinquishes jurisdiction. FOR THE COURT, rtL.-4 ~ Dawn S. Sunday, Esquire Custody Conciliator ~ ...-,-.} r~ n'l'" ,._,-.1 . -f" ~ "'--::::> er- e? CJ _Jl \ .r:- -0 _"r~ Cf} o -