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Home My WebLink About02-4621SCOTT MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA V. NO. 02 CIVIL TERM KATHY MILLER Defendant CIVIL ACTION-LAW COMPLAINT FOR CUSTODY 1. The Plaintiff is Scott Miller, residing at 85 West Main Street, Newville, Cumberland County, Pennsylvania. He resides with his two (2) daughters, one of whom is the subject minor child. 2. The Defendant is Kathy Miller, residing at 136 Regency North, Carlisle, Cumberland County, Pennsylvania. She resides with her brother. 3. The Plaintiff seeks custody of the following child: Name Present Residence Age Amanda Miller 85 West Main Street, Newville, PA 5 years The child was born on February 8, 1997. She is presently in the custody of Scott Miller who resides at 85 West Main Street, Newville, Pennsylvania. During the child's lifetime, she has resided with the following persons and at the following addresses: Name a. Scott Miller Kathy Miller Address Norfolk, VA Date February 1997- October 1998 b. Scott Miller Westerly, RI October 1998 - Kathy Miller October 1999 C. Scott Miller Groton, CT Kathy Miller October 1999 - September 2001 d. e. f. 9. 4. Scott Miller Trindle Road Kathy Miller Carlisle, PA Kathy Miller Trindle Road Carlisle, PA Kathy Miller Newville Road Plainfield,PA Scott Miller 85 West Main Street Newville, PA September 2001 - January 2002 January 2002 - June 2002 June 2002 - September 1, 2002 September 1, 2002- Present The relationship of Plaintiff to the child is that of Father. The father of the child is Scott Miller, currently residing at 85 West Main Street, Newville, Pennsylvania. He is not married. 5. The relationship of Defendant to the child is that of Mother. The mother of the child is Kathy Miller currently residing at 136 Regency North, Carlisle, Pennsylvania. She is not married. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the child in this or any other court. 7. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The parties have agreed that the child should live with her Father; b. The child has a psychological bond with Father; C. The child is covered under her father's medical insurance; d. Father has enrolled the child in school at Newville Elementary School; e. The child participates in Daisy Scouts; f. Father continues to provide a stable environment for the child; g. The father has been a primary caregiver of the child from her birth. He has: 1.) planned and prepared meals 2.) bathed, groomed and dressed the child 3.) purchased, cleaned and cared for the child's clothing 4.) arranged medical care, including trips to physicians 5.) arranged alternative daycare 6.) put the child to bed nightly, attended the child in the middle of the night, awaken the child in the morning. 10. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff prays that This Honorable Court grant him primary physical custody of their child, Amanda Miller. Respectfully submitted, ABOM & KUTULAIUS, L.L.P. Date: September 13, 2002 W , f l Kara W. Haggerty, e I.D. #86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Scott Miller, hereby verify that the facts set forth in the foregoing Custody Complaint are true and correct to the best of my knowledge, information and belief. 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: /e tf )6,v-l ?t - A ? Zooz Scott Miller SCOTT MILLER PLAINTIFF V. KATHY MILLER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. CIVIL TERM CIVIL ACTION-LAW CERTIFICATE OF SERVICE AND NOW, this ZS""-day of September, 2002, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint upon the Defendant by placing or causing to be placed said copy in the United States Mail, by both First Class Mail and Certified Mail, to Defendant addressed as follows: KATHY MILLER 136 REGENCY NORTH CARLISLE, PA 17013 DATE: q 25 0 L 414 _t4) - 4qk?_ ?-" - KARA W HAGGERTY, IRE ATTORNEY I.D. No. 86914 SUITE 204 8 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249-0900 Attorney for Plaintiff CO F, ) LI) m N ?G 0 rl Tj SCOTT MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4621 CIVIL ACTION LAW KATHY MILLER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, September 30,2O02 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 29, 2002 at 8:30 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 hearing. FOR THE COURT, By: /s/ fAcqueline M Vernev,Ejq. CJ 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 bearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 HiNN/MASNN3d M Nno. OCT 2 9 2002`x.' SCOTT MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-4621 CIVIL ACTION - LAW KATHY MILLER, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this ?r day of U,?6d , 2002, upon consideration of the attached Custody Conciliation Report, it"fs ordered and directed as follows: 1. The Father, Scott Miller, and the Mother, Kathy Miller, shall have shared legal custody of Amanda Miller, date of birth, February 8, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Father shall have primary physical custody of the Child. 3. Beginning November 1, 2002, Mother shall have periods of partial physical custody on an alternating weekend basis from Friday at 4:00 p.m. to Sunday at 6:00 p.m. 4. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall always has physical custody during Block A; Mother shall always have physical custody during Block B. 5. The parties shall share other holidays as agreed. 6. In the event either party moves more than 100 miles from their present location, Father shall continue to have primary physical custody with Mother having partial physical custody for one month during the summer and not alternating weekends. Mother's Christmas holiday shall also change to December 27 to January 1. 7. The parties shall share transportation as agreed. 8. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Kara W. Haggerty, Esquire - Counsel for Father Kathy Miller, pro se 136 Regency North Carlisle, PA 17013 ^.I 'di --.,_ SCOTT MILLER, Plaintiff V. KATHY MILLER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2002-4621 CIVIL ACTION - LAW IN 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 Amanda Miller DATE OF BIRTH CURRENTLY IN CUSTODY OF February 8, 1997 Father 2. A Conciliation Conference was held in this matter on October 29, 2002. Father, Scott Miller, was present with counsel, Kara W. Haggerty, Esquire. Mother did not appear. 3. Father requested an Order in the form attached. Date ac eline M. Verney, Esquire Custody Conciliator SCOTT J. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-4621 CIVIL ACTION - LAW KATHY MILLER n/k/a KATHY M. KEESEMAN, IN CUSTODY Defendant PETITION TO MODIFY CUSTODY 1. The Petitioner is Kathy M. Keeseman, (hereinafter referred to as "Mother"), who is an adult individual residing at 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. The Respondent is Scott J. Miller, (hereinafter referred to as "Father"), who is an adult individual residing at 117 Lawrence Lane, Carlisle, Cumberland County, Pennsylvania, 17015. 3. The parties are the natural parents of Amanda J. Miller, born February 8, 1997, (hereinafter referred to as "Child"). 4. The parties are governed by a November 4, 2002 Order of Court, attached hereto as "Exhibit A", relative to the custody of the child. 5. The child had resided with Father in the state of Washington until December, 2007. 6. Since Father's return from the west coast, mother has spent increasing amounts of time with the child. 7. Last school year Mother frequently had the child every weekend and every Wednesday night. 8. Mother had the child for most of the summer of 2008. 9. Mother's additional time with the child was not scheduled nor was it in writing and occurred at the whim of Father. 10. Mother desires to share physical custody of the child with Father at this time. 11. The child would like a shared physical custody arrangement at this time. 12. The parties live in close proximity to one another and a shared physical custody arrangement would be efficient. WHEREFORE, mother requests that this Honorable Court grant her shared physical custody of the child along with time on the major holidays and for a summer vacation. Respectfully submitted, O'BRIEN, BARIC & SCHERER 16?bAl Michael A. Sc erer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domesticikeeseman,kathy/modify.pet VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: l02 ?5 ?,? 't " n 0,0 0 " aL 46y M. Keeseman OCT 2 9 2002 °1r SCOTT MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 20024621 CIVIL ACTION - LAW KATHY MILLER, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of , 2002, upon - ?)Ioqd_ consideration of the attached Custody Conciliation Report, it ordered and directed as follows: 1. The Father, Scott Miller, and the Mother, Kathy Miller, shall have shared legal custody of Amanda Miller, date of birth, February 8, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Father shall have primary physical custody of the Child. 3. Beginning November 1, 2002, Mother shall have periods of partial physical custody on an alternating weekend basis from Friday at 4:00 p.m. to Sunday at 6:00 p.m. 4. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall always has physical custody during Block A; Mother shall always have physical custody during Block B. 5. The parties shall share other holidays as agreed. 6. In the event either party moves more than 100 miles from their present location, Father shall continue to have primary physical custody with Mother having partial physical custody for one month during the summer and not alternating weekends. Mother's Christmas holiday shall also change to December 27 to January 1. 7. The parties shall share transportation as agreed. "Exhibit A" 8. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Mara w, Haggerty, bsquue - Counsel for Father Kathy Miller, pro se w ,rk."Icx /"Oj 136 Regency North Carlisle, PA 17013 ?°"?` N rTl A SCOTT J. MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-4621 CIVIL ACTION LAW KATHY MILLER N/K/A KATHY M. KEESEMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, December 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 22, 2009 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. 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 hearing. FOR THE COURT, By: /s/ ac ueline M. Verne 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 HAVE 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 'v?? ? ???%?%?? ??? ? /???? `'?? ? , 1 %,?? /cam ?/ t„ r l? 1'.'' ` .. - z .... ... SCOTT J. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-4621 KATHY MILLER CIVIL ACTION - LAW n/k/a KATHY M. KEESEMAN, IN CUSTODY Defendant AFFIDAVIT OF SERVICE I hereby certify that on December 24, 2008, the United States Postal Service served upon the defendant, Scott J. Miller, the Petition to Modify Custody by Certified Mail as indicated by the Certified Mail Domestic Return Receipt attached hereto as "Exhibit A." Date: Michael A. the er, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff ¦ Complete Items 1, 2, and 3. Also complete Swn 4 If Restricted Delhrery Is desired. ¦ PrIM your name and address on the reverse so that we can retum the card to you. ¦ At'tach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: &44j. arn 117 I.awlunC6 Lau'?t. Gnla'sle, Rrwsy,Qalaru.ou o 1')015 A. X O Agent' ,77M?? ?N/ Date of D. is ddway address dnw tfrom Item 1? ? Yes If YES. enter delivery address below. 0 No 3. Type iCsrtified Meal 13 Eupresa man 13 Registered ? Retum Receipt for AAeroh w*o O Insured Mail ? C.O.D. 4. Reshicted Delivery? (Extra Fee) y? 2. ArticieNumber 7008 0150 0001 8366 4933 I(rMnsfer fhbm service fab4 P$ Form 3811, February 2004 Domestic Rater, RsoNpt 102695-024A-1540 "Exhibit A" a i 4 h JAN 3 2009(n SCOTT J. MILLER, Plaintiff V. KATHY MILLER N/K/A/ KATHY M. KEESEMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4621 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this day of , 2009, upon consideration of the attached Custody C nciliation Repor t is ordered and directed as follows: The prior Order of Court dated November 4, 2002 is hereby vacated. 2. The Mother, Kathy M. Keeseman and the Father, Scott J. Miller, shall have shared legal custody of Amanda J. Miller, born February 8, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The parents shall share physical custody of the child on a week on/week off basis with the exchange day and time being Sunday at 6:00 p.m. 4. Holidays: A. Thanksgiving shall be alternated by the parties from 9:00 a.m. to 6:00 p.m. Mother shall have physical custody of the child in odd numbered years and Father shall have physical custody of the child in even numbered years. B. Christmas shall be divided into two Blocks which shall be alternated between the parties. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have physical custody of the child for Block A in odd numbered years and Block B in even numbered years. Mother shall have physical custody of the child for Block A in even numbered years and Block B in odd numbered years. C. Mother shall always have physical custody of the child on Mother's Day from 9:00 a.m. to 6:00 p.m. Father shall always have physical custody of the child on Father's Day from 9:00 a.m. to 6:00 p.m. D. Mother shall always have physical custody of the child on Mother's birthday. Father shall always have physical custody of the child on Father's birthday. 5. The parties shall have liberal telephone contact with the child. 6. Transportation shall be shared such that the relinquishing party shall transport. 7. Neither party shall do or say anything, nor permit third parties from doing or saying anything about the other parent or other family members that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the te?f this Order shall control. / BY THE CO Edgar B. Bayle; cc?ichael A. Scherer, Esquire, Counsel for Mother Scott J. Miller, pro se 117 Lawrence Lane Carlisle, PA 17015 ce? I Es rnzt,Lc P.J. /42146-p t,. SCOTT J. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-4621 CIVIL ACTION - LAW KATHY MILLER N/K/A/ KATHY M. KEESEMAN, : IN CUSTODY Defendant PRIOR JUDGE: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Amanda J. Miller DATE OF BIRTH CURRENTLY IN CUSTODY OF February 8, 1997 Father 2. A Conciliation Conference was held in this matter on January 22, 2009, with the following in attendance: The Mother, Kathy M. Keeseman, with her counsel, Michael A. Scherer, Esquire, and the Father, Scott J. Miller, pro se. 3. A prior Order of Court was entered by the Honorable President Judge Edgar B. Bayley dated November 4, 2002 providing for shared legal custody, Father having primary physical custody and Mother having periods of partial physical custody. 4. The parties agreed to an Order in the form as attached. Date acq ne M. Verney, Esquire Custody Conciliator