SOUTH DAKOTA )
COUNTY OF FALL RIVER )
Daniela Malcoci, )
Mark A. Mills, )
IN CIRCUIT COURT
SEVENTH JUDICIAL CIRCUIT
23 DIV 17-
THE STATE OF SOUTH DAKOTA SENDS GREETINGS TO THE ABOVE NAMED DEFENDANT: MARK A. MILLS
You are hereby summoned and required to answer the Complaint of the Plaintiff, a copy of which is herewith served upon you, and to serve a copy of your Answer on the attorney for Plaintiff, Patrick M. Ginsbach, of the address below, within thirty (30) days from the date of the service of this Summons upon you, exclusive of the date of such service.
IF YOU FAIL TO DO SO, judgment by default may be rendered against you as requested in Plaintiff’s Complaint sixty (60) days after the completed service of Plaintiff’s Summons and Complaint.
South Dakota law provides that upon the filing of a Complaint for divorce or separate maintenance that upon personal service of the Complaint and Summons on the Defendant, a Temporary Restraining Order shall be in effect against both parties until the final Decree is entered, the Complaint is dismissed, or until further order of the Court. Either party may apply to the Court for further temporary orders or modification or revocation of the Order.
INITIAL CUSTODY ORDER
Pursuant to SDCL 25-4A-11 et seq., upon service of this Summons the attached visitation guidelines become an Order of this Court. Any minor children of this marriage shall remain in the custody of the parent who has been the primary caregiver for the minor children for the majority of the time in the 30 days preceding the filing of this Summons and Complaint, unless the parties otherwise agree. The guidelines are subject to any provisions established by a South Dakota Court in a temporary or permanent domestic protection order, an order arising out of an abuse or neglect proceeding, as bond condition arising out of a criminal case, and an order in any other proceeding affecting child custody or support.
The attached guidelines shall apply and continue in effect unless the parties agree or the Court otherwise orders. The imposition of these standard guidelines create no presumption as to who shall be awarded custody at any hearing. An agreement by the parties for visitation other than the standard guidelines must be in writing, signed by both parties, and filed with the Court.
If either party objects to this initial custody order, the Court shall order a hearing which shall be held not later than 30 days after the date of the objection. The Court shall then issue its temporary custody and visitation order after considering the best interest of the child(ren) consistent with the provisions of SDCL 25-4-45.
IF EITHER SPOUSE VIOLATES ANY OF THESE PROVISIONS, THAT SPOUSE MAY BE IN CONTEMPT OF COURT.
TEMPORARY RESTRAINING ORDER
BY ORDER OF THE COURT, YOU AND YOUR SPOUSE ARE:
A. Restrained from transferring, encumbering, concealing or in any way dissipating or disposing of any marital assets, without the written consent of the other party or an Order of the Court as may be necessary on the usual course of business or from the necessities of life. You are to notify the other party of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures made after the temporary restraining order is in effect; and
B. Restrained from molesting or disturbing the peace of the other party; and
C. Restrained from removing any minor children of the parties from the state without the written consent of the other party or an order of the Court; and
D. Restrained from making any changes to any insurance coverage for the parties or any child of the parties without the written consent of the other party or an order of the Court unless the change under the applicable insurance coverage increases the benefits, adds additional property, persons, or perils to be covered, or is required by the insurer.
IF EITHER PARTY VIOLATES ANY OF THESE PROVISIONS, THAT PARTY MAY BE IN CONTEMPT OF COURT.
DATED this 18th day of April, 2017.
/s/Patrick M. Ginsbach
PATRICK M. GINSBACH
Attorney for Plaintiff
441 N. River St.
Hot Springs, SD 57747
Published once at the total approximate cost of $195.62.
Sept 19, 26, Oct 3, 10