HomeMy WebLinkAbout06-7216
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MICHAELA. DAY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 0 ~ -7 ~ IltJ c.J.;./
vs.
SHANNON D. SIMS,
Defendant
CIVIL ACTION - LAW
CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Michael A. Day, residing at 2178 Canterbury Drive,
Mechanicsbur~, Cumberland County, Pennsylvania 17055.
2. The defendant is Shannon D. Sims, residing at 9453 West Stargazer Drive,
Pendleton, Indiana 46037.
3. Plaintiff seeks custody of Michael A. Day, II, born November 10,1993,
and Lauren M. Day, born January 10, 1996.
4. The children were not born out of wedlock. The children are presently in
the custody of Michael A. Day, who has had custody of the children since January, 2000.
5. For the past five years, the child has resided with the following persons at
the following addresses:
Custodian Address Dates
Michael A. Day 2178 Canterbury Drive 11/05
Kimberly S. Day Mechanicsburg, P A 17055 to present ,..-
Michael A. Day 10349 Hillsborough Drive 8/02 to
Fishers, IN 46937 10/05
Michael A. Day 7 Gemma Circle 3/00 to
Elizabethtown, KY 42701 7/02
6. The mother of the children is Shannon D. Sims who currently resides at
9453 West Stargazer Drive, Pendleton, Indiana. She is married.
..
.
7. The father ofthe children is Michael A. Day currently residing at 2178
Canterbury Drive, Mechanicsburg, Pennsylvania. He is married.
8. The plaintiff currently resides with his wife, Kimberly, and his two
children, Michael A. Day, II and Lauren M. Day.
9. The defendant currently resides with her husband and their child.
10. Plaintiff has not participated as a party or witness, or in another capacity,
in other litigation concerning the custody of the children in this or another court.
11. The plaintiff has no information of a custody proceeding concerning the
children pending in a court in this Commonwealth or in any other court.
12. Plaintiff does not know of a person not a party to the proceedings who has
physical custos:!y of the children or claims to have custody or visitation rights with respect
to the children.
13. The best interest and permanent welfare of the children will be served
because plaintiff is better able to provide for the needs of the 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.
WHEREFORE, plaintiff requests this Court to award him primary physical custody
of Michael A..Day, II and Lauren M. Day.
Timot~ 11, Esquire
Turner and O'Connell
4415 North Front Street
Harrisburg, P A 17110
(717) 232-4551
.
, .
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. C.S.A.
Section 4904 relating to unsworn falsification to authorities.
Date: (; ~ / S- - ()6
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MICHAEL A. DAY
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
06-7216 CIVIL ACTION LAW
SHANNON D. SIMS
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, December 28, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S, Sunday, Esq,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, January 30, 2007
, the conciliator,
at 9:00 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 hearin2,
FOR THE COURT.
By: Isl
Dawn S, Sunday, Esq.
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
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MAR 1 J 2007 f~
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL A. DAY
vs.
06-7216
CIVIL ACTION LAW
SHANNON D. SIMS
Defendant
IN CUSTODY
ORDER
AND NOW, this 5th day of March, 2007, the conciliator, having received no request from
counsel for either party to reschedule the custody conciliation conference initially set for January 30,
2007, hereby relinquishes jurisdiction.
FOR THE COURT,
Dawn~~
Custody Conciliator
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