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SAlOIS
SHUFF, FLOWER
& LINDSAY
An'ORNEYStAToLhW
26W. HlghSlrt!t'1
C.nlble. PA
TROY F. MILLS,
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PLAINTIFF. TROY F. MILLS' PRE-HEARING MEMORANDUM
AND NOW comes Troy F, MIlls,
by ~llld ttlt'Gl~gh Ilis
SaiduJ,
Shuff, FIO','n~~. &. L...u:d;;':lj'
'd~d :--!_":;:)'~'Ct.flll t'j
cl t tornt:;'Y S I
sets
fo,'th tlus Pre-HearIng Memorandum:
I. BACKGROUND
The Plaintiff, Troy F. Mills, is the natelt'a] faLher of
three cllildren, Ttlomas Frallklin Mills, dilte of birttl '1/14/93,
I'
Derek Michael Mills,
I
daLe of birth 4/14/93 and Cody Hunter
Mills, date of birth 11/23/94.
The natural n,other is the
Defendant, Sha\'ln M. Mills.
The parties currently have a custody Order dated May 21,
2001, \'Ihich basically confirms the Court Order of January 24,
2000, giving the parties shared legal custody, "NiL-I. Inc.ll1er
,-eceiving primary physical custody of the minor children. ;lith
the father receiving periods of partial physical custody on
alternating \'Ieekends from after \'lark on Friday until 7:30 p.m.
on Sunday, and each ,Jednesday until Thursday mornin'.l, During
I
II the summer months, the parties share custocl1al arrangements
II
II
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II
\'lith a \'leek on \'leek off basis,
SAIDIS
SHUFF, FLOWER
& LINDSAY
^TTORNEVS'AT'lAW
26W. fIIghSlrcel
Carlisle, PA
On this
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il hereby certify that
!
CERTIFICATE OF SERVICE
lLI,! of
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~;t..' r'Jed
copy of
the
a true and correct
foregoing Plaintiff's Pre-Hearir:q He,"orandum upon ,Ill par:ties of
record via Uni ted Stdtt~;J Ma.L 1, pO:3tage prepaid, ,~1c1dn=;,ssecl as
follows:
Thomas Trgovac,
247 Lincoln Way
P,O. Box 309
Chambersburg, PA
Esquire
East
17201
SAlOIS, SHUFF, FLOWER & LINDSAY
By:
TROY F, MILLS.
Plaintiff
IN TIlE COURT OF COMMON PLEAS
OF CUMBERLAND COl JNTY.
PENNSYLV ANI A
vs.
FILE COpy
NO. %-464'1 CIVIL TERM
SIIA WN M, MILLS,
Ddendant
CIVIL ACTION ... LAW
OIWER
AND NOW, this _,,-2.,~~__ day of ~_,_" 200n. upon receipt of the
Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this
Order which was dictated in their presence and approved by them and their counsel, it is herehy
ordered and directed as follows:
1, The parties shall share legal custody of the minor children, Thomas
Franklin, d,o,h, April 14, 1993; Dereck Michael, d,o,h, April 14, 1993; and Cody
Hunter, d,o.b, Novemher 23, 1994,
2, The physical custodial arrangement shall be in accordance with the
following schedule:
A. During the school year, Mother shall have primary physical
custody of the minor children suhjectto periods of parlial custody and
visitation with Father as follows:
i, On alternating weekends from Friday at which time
Father shall pick up the children alier he gets olT frolll work until
Sunday at 7:30 p,m,
EXHIBIT
i
.
"A"
RECEIVE!) JAIl ~ 7
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ii, Every Wednesday from afler !'ather gets oIl from work
until '1llUrsday morning at which lime !'alher shall rcluflIthe
children to the appropriate babysiller or olher day care provider.
Il, During the summer months. the parties shall share the custodial
arrangement with the children on a week.on. week-off basis, The switch
day shall be Friday when the parties get olf from work, This schedule
shall commence with Father having Ihe lirst 1t.1I week of the summer and
shall alternate thereafter until the end of the summer vacation,
3. The parties shall alternate the major holidays; those holidays being
defined as Easter, Memorial Day, Labor Day, Thanksgiving and New Year's Day,
This alternating sehedule shall commence with Father having Easter in 2000 and
the schedule shall alternate thereafier, These periods of partial custody shall be
from 8:00 a.m, until 7:30 p.m" unless the parties otherwise agree.
4. Christm'L' shall be broken into two segments, Segment ^ shall be from
December 24'h at 2:00 p.m. until Christmas Day at 2:00 p.m,; Segment B shall be
from Christmas Day at 2:00 p.m, until December 26'h at 2:00 p,m, Father shall
have Segment ^ in 2000 and all even years thereafter and Segment B in 200 I and
all odd years thereafter. Mother shall have Segment ^ in 200 I and all odd years
thereafter and Segment B in 2000 and all even years thereafter.
CERTIFICATE OF SERVICE
I, Anne S, Johnson, Esquire, hereby certify that on this i~ f1~ay of ~, 20(J!. I servcd
a true and correct copy of the foregoing ,A,nswer hy depositing a copy of same ill the United
States mail, first class, postage prepaid, at Chambersburg, Pennsylvania, addressed as follows:
Johnna J, Kopecky
SAIDIS, SHUFF, FLOWER & LINDSAY
26 West High Street
Carlisle, P A 17013
Walker and MacBride Office
BARLEY, SNYDER, SENFT & COHEN, LLC
By
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Anne S, Johns ,Esquirc
Court I.D, 78039
Attorney for Detendant
247 Lincoln Way East
Chambersburg, P A 17201
(717) 264-6494
4.1 K.()1/^SJ/cnh~52.1
date orlhe hearin~ MOlher will he lIlarriedl and her prllsl'eclive hushand (Iianee) OIVUS a hllllle iu
West Vir~inia,
^Ithllu~h the besl interests Ilrlhe cbildrenlllusl bc considcrcd.the controllin~ legal authority
IiII' rcluealiunllisputes is (il'llber v, (iruber .100 I'a, Super. 174. SX3 ^, 2d 434. ( JI}I}O), (iruber set
rorth three liIc10rs tbatthe COlll'tlllnst CIlusider when deeidin~ a relocation petition:
(I). The potenlial advallta~es or the prllposed lIlove and Ihe likelihood that the lIlove
would substantially illlprove the quality or lile lill' Ihe euslodial parent and children and is not the
result or lIlonclary whilll on the part or dIe parenl:
(2). Evaluate the inle~rily or the lIlotives or both Ihe custodial and noncustodial parent
in either seeking move or seeking to prevent it; ilnd
(3), The availability orrealislie subslilute visitalilln arran~ellleuls which will adequately
li"ler an ongoing relationship between child and noneuslodial parenl.
^n analysis or the lirst pron~ or Ihe (iruher slamlard shows Ihat both 1Il0lher and children
will see a subslantial iuerease in their quality or lile uponllloving to West Virginia, First, Mother
currently lives in a do"ble wide trailer hOllle on a very small 101. While Ihe home is very nicely
maintained. it simply Call110t compare 10 thL: West Virginia home. The current hOllle is
approximately l}JJ square Ice I and sits on a postage sized siamI' lot that measures 50 leet x 100 leet.
The West Virginia home is a lilliI' bedroom home Ihat is approximately 3400 square Ice I. The
baselllent is being relinished (and is nearly linished) wbicb will add about another XOO square leet
or living space, The bouse sits on a hall' acre lot in a residential neigbborhood that is e10se tu
playgrounds and other recreatioual areas.
(1,IX,lllfl'JI'/IJ'J21:;,tl
()uality or lire will I'urther he enhaneed hy thL' I'ad that Ihe household inCllllle will
subslantially inerease (an additional $45.000 per year) with Ihe additiiln or Step-blher's inCllllle,
The ehildren will be able to attend a new alllllllildel'll sehool. have plenty roOIll li>r active growing
boys to play. alllllive ClInsiderably doseI' IOlheir lIIatel'llal grandlllother. grandl'athcr. and undc, In
addition, the Fiance's parenls live in West Virginia and will bc available to providc support to
Mother. Mother works Ii>r the Slale or Maryland in J )agerslown Maryland, By moving 10
Charlestown, West Virginia. Milthcr will eul approximately 30 miles or totallravel olf hcr daily
comlllute. In addition, moving to Charleslown will cnahle her to apply lilr hctter payingjilbs wilh
the State or Maryland in Frederick. Maryland, Previously Mother was never ahle to consider such
jobs because the commule Ihllll Shippensbmg to Frederick was much too long. Ilowever, the
distance to Ilagerstown and Frederick is equidislant I'rom the West Virginia home,
^ review or the second prong shows tlml Mother's !llolivL: !tu' moving arc not arbitrary
and/or capricious, Mother's !inaee has owned the West Virginia home I'or Ihe past three years, lie
has built considerable equity in Ihe home and moving 10 a higher cost or living area (slleh as
Waynesboro or Ilagerstown) would have the dl'eet or canceling out this equity, In addition,
Mother's liance has lived in West Virginia I(,r mosl or his Iii" allll will be able to quickly acelimate
the linllily into the eommunity. Molher on the olher hand is not a native or Shippensburg -' she
originally moved there as a result or her marriage 10 Plaintil'l', Mother has no commnnity ties in
Shippensburg, neither she nor her liance work in Pennsylvania. and her linllily all lives in Maryland,
Accordingly, moving Ollt or Shippenshurg as she plans will dramalically increase her quality or Iii"
and tbe lives ol'the children,
6.1 H.Olfl'JTfl)l121 ~J.I
The ol1ly reason Father is COllll'sling this move is hecause he will not have the convenient
a~~ess he previollsly enjoyed to his ~hildren, As is mme rully set li,rth helow, mother has made a
gencnlllS offer in regards to amending l:lIstody . - olle that would not result in Father losing an)' of
his court ordered ~ustlllly time, Thereli>re. \:ather's motives li>r ~hallenging this move must viewed
with sllspi~ion,
The Iinal point or analysis con~erns suhstitute visitation. In this regard, Mother has
demonstrated incredible compromise and Ilexihility, lieI' goal is to allow the children to maintain
a good relationship with Father and maximize visitation to Ihe greatest exlent possihle, First or all.
while it is true thaI Mother is moving to another slate, Ihe one honr commute helween Shippenshurg
allll Charlestown is not onerous, It ~ertainly 1"lIs within the hounds or reasonahleness -- especially
when you consider that Mother has orrered to share the transpmtation he tween Charlestown allll
Shippenshurg. Mother proposes that Father's Wednesllay evening period or visitation he terminated
hut he replaced with acldilional ~uslody periods on holidays and weekends, It is dini~ult to explain
Mother's plan in a memorandum su~h as this. hut she will explain her plan through her testimony
and show thaI Father's visitation with his ~hildren will not materially ~hange (with the exception thaI
he will no longcr have \Vedncsday evcning periuds or cllstody and instcad he will have more
weekend allll holiday periods or custody than he previously enjoyed),
At Ihe conciliation eonrcrenee. Father expressed his displeasll\'e at the prospect or not heing
ahle to attend his children' sporting events or otherwise he involved inlhe lives or his children, It
should he pointed oo( that Mother has never denied Falher a~ccss to his children, She has always
heen tlexihle with him and agreed (0 allow him to have additional periods or custody li.r special
occasions or on days when he had the luxll\'Y to lake otT work, (iivenlhat Mother has always heen
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willing to wllrk wilh Father. Ihere is 1111 reason III helieve Ihal she will cease Cl>lIperating when she
moves tll West Virginia, Wilh respeettll sports. MOlher has a new prllpllsaltll oller that was nllt
cOl11llHlnicalcd at the conciliation cOlllcrclIcc. Mother proposes to allow the childrCl) to participate
in spllrts in Shippensburg i r the spllrt commences on a day betweell February I 01",1 Jllly } I. I r tbe
sport commences on or bctweell ^ugllst I allll.lnnllnry } I, thelllhe children will play the spml in
Chnrlestown, This proposal allows both parents allllppmtunity 10 have the children participate in
a spnrt iutheir own eomnllmity, In addition, Mother would be willillg to provide Iransportation to
all practices and games I"l' sports that take place ill Shippenshurg (mother would desire to allend as
well).
Falher also expressed reservations aholll heing ahle to he involved with the children at
schoo\. 1I0wever. Ihe schoollhat the children will allend in West Virginia is conncctcd to the
intcrnct. Each teaehcr and administralor at the schllol has an cmail address, Father can go on the
inlcrnct every day at any timc and check homcwork, acadcmic progress. and cxtracurricular
aClivitics, lie can cxehangc emails with teachers n",1 administrators, M the current sehnn\. while
it may physically be eloser. il is not as convcnicnt. II' Father wanls 10 sce school wmk, view
schedules, or spcak to someone, he has to do il during conlined hours. That is nntthe case with the
Wesl Virginia schoo\.
Rccenl decisions regarding relocalion shnws Ihat emphasis must he placed in a relocation
casc uplln the inlcrest or the chillI 01",1 the stahility nrlhe chillI's relationship with the primary parent.
Thc crucial I"CUS ill this malleI' is upon the relnlillnship bctween the children allll each parent.
Mother submits thaI she has clearly servcd as the primary caretaker lill' Ihe children since birth allll
more imporlantly thatlhe children look to her in that capacity,
h,IK,UlfrJT/lj<lllS_' I
2, Issues to be Iksolved,
a, Whctber Muther's mow to West Virginia is likely to substantially enhancc thc
quality of Iifc 1(11' Mother (thc custodial parcnl), and Ii,r thc ehildren;
b. Whcther Fathcr opposcs thc relocation 1(,1' reasons other than a desire to maintain
convcnicnt aeecss to the ebildren; and
e. Whether thc proposed alternate schedule of partial custody will provide at least as
much contact with the children as Father previously exercised,
3. Stillulated Issues and Faets.
None anticipated at this point in lime.
4. Names of All Factual Witnesses.
Shawn M. Mills
Mother's Fianee (Det'endant's counsel does not know his last name - his I" name is Noel):
Hc will testify aboutthc home in West Virginia, the comlllunity that surrounds his homc, and thc
reasons why a move to a higher cost of living area would cause him to lose eonsidcrablc cquity in
his homc.
Mother is currently speaking with scveral of Plaintilrs "nnily mcmbers who havc offered
to testify aboutthc facts that make Mother the helleI' parent 10 he the primary residential custodian
and thc nexibility she has dClllonstrated and the em,rts she has gone 10 in order to keep them
included in the lives of the children. As ot' this date, Delendanl has not Illlly nushed out the
tcstimony of these witnesses. Once particulars arc lic<:ided. Delendant willl(lI'\Vard the inl(lI'Ination
to Plaintil'!:
5, Names and Addresses ot' All Exnert Witnesses,
None anticipated at this time,
6. Idcntilieation ot' Exhibits Ii,r Trial.
a, Pictures of the Mother's home in Shippenshurg and the home she is l110ving to in
West Virginia, (possihle that we will have video as well),
6.IIUllfIJTll)l)):15J.1
filE COpy
TROY F, MIl.LS
I'I,AINTII'F
V,
SIIAWN M, MILLS
DEFENDANT
IN III\-. ('( >IIKI' (>I' ( '( >~lMON I'I.\-.AS (1I'
('II~IIlI'IU,i\NI > ('( >lINTY, I'I:NNSYI.Y ANI A
l)h,~h,lll
('lVI!. A( 'TI()N I.A W
IN ('IISTIlI>\'
~)JmFR (IF ('OIIRT
AND NOW.
.-"-:!}~l~~~.d_:a)'~."pril}.<). 20111
. UpOll cOllsidnatlO1l or the altachL'd ( 'olllplainl,
it is herehy dircctl:d that parties and their n:s[ll.'divl' cOllllsel appL'ar Ill'lim: l\h'lj~"iS:1 I', Grcc\'y. I(SlJ~_ _ . tilt.' cOIH:iliator.
at 214Scl1atc^vclH~~.,_~uilcJ..Q.~.C<lln10_~i.I__..I~A_!2~tl__ 011 '1~~H'sd~I~'J\1:.ry__15~2_00l _______.. alll:0~_.:il.lII.
("or a Prc-lk:.1fing Custody Conference. At sllch cotlfCrclH.:l',:lII errort will he made to resolve the isslIes ill dispute; or
if this cannot be accomplished. to dclinc and narrow till' iSSIIL:s to hl.: ilL'anl hy the court. and to enter into a tL'lllpor:uy
order. All children age.: live or ohler may also be prcscnt at tilL" conl\.'J'L"Tlce. Failurc to appL"ar at the conkrl"l1cC ll1:IY
provide grounds for entry ora temporary or pl."rmalll'nt order.
'rhe court herehy directs the parties tll furnish :'111)' and :Ill existing "rnleelinn from Ahuse unJcrs,
Special ReHef urllers, and Cuslody orders In the cOIa'ilialnr 4H hnnrs priur tu sehl'thtlt.'d hl':lring. (.;J
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FOR TilE ('01 IRI'. ',:,
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By: .,I,s,l
.,.Me!iss([}',.Greevy, F.sq,tJ!7
CllShHly ('ollciliatflr
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The ('ourt orC0I11II10!l PIC~IS or( 'umberland ('OIndy is n,'quirctl hy 1mV' to comply with Ch~ '~~6
Americans with Disahilitcs Act of 1(1)(). For in for11latltUl ahout :lccessible facilities and n.'asonahk
accommodations available 10 disahled individuals ha\'ing hUSlIll"SS l1l'fon: the court. please clHltaL:! O\lf ol'flce.
All arral1~emcnts must he made at least 72 hours prior to any hearing, or business hcr()n~ the court. You IllllSt
attend the scheduled c01lference or hearing.
,
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YOll SIIOII!.D TAKE TillS I'APER TO YlllIR AITllRNI',Y AT ONCE, IF YO\lIlO NO'!'
IIA YE AN ATI'ORNEY OR CANNOT AFI'OI(\) (INE. (;ll TO ()R TEI,EI'IIONE TilE llFFI< 'E SET
FORTIIIlEI.OW 'I'll FIND OUT WIIERE YOlJ ('AN UET I.E(;AI.IIEI.I',
('umIH:r1and ('ollllly Bar ^"soeiatiol1
2. I.iht~rly AVt'lHlt'
t 'arlisll', Penllsylvania 1701 ~
Tl'lepholll' (717) 2.11),,111>(,
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ii. Every Wednesday from alier Father gets off Irom work
until Thursday morning at which time Father shaH return the
children to the appropriate babysitter or other day care provider.
B. During the summer months, the parties shall share the custodial
arrangement with the children on a week-on. week-off basis. 11]e switch
day shall be Friday when the parties get off from work. 111is schedule
shall commence with Father having the tirst full week of the summer and
shall alternate thereafter until the end of the summer vacation,
3. The parties shall alternate the major holidays; those holidays being
defined as Easter, Memorial Day, Labor Day, Thanksgiving and New Year's Day.
This alternating schedule shall commence with Father having Easter in 2000 and
the schedule shall alternate thereatier. These periods of partial custody shall be
from 8:00 a,m, until 7:30 p.m,. unless the parties otherwise agree.
4. Christm3s shall bt: broken into two ;'icgmt:nts. Segment A shaii be from
December 24'h at 2:00 p,m, until Christmas Day at 2:00 P,ll1.; Segment B shall b"
from Christmas Day at 2:00 p.m, until December 26'h at 2:00 p,m. Father shall
have Segment A in 2000 and all eVen years thereafter and Segment B in 200 I and
all odd years thereafter. Mother shall have Segment A in 2001 and all odd years
thereafter and Segment B in 2000 and all even years thereafter.
:
,
5. fath~r shall hav~ th~ children for Fath~r's Day and Mother shall have
the children for Mnther's Day, These periods of partial custody shall be from
8:00 a.m. until 7:30 p.m" unless the parties otherwise agree.
..---'
OYTHE OURT.
Timothy J. Colgan, Esquire
Anne S, Johnson, Esquire
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SAIDIS
flUFF, FLOWER
& LINDSEY
ATTORNEYS.^T-U.W
26 W. IIIgh Street
C.ulisle.P^
VERIFICAT_IOl:!
I verify that the statements made in the foregoing Petition
for ModiEication are teue and coreect.
I understand that: faIse
statements herein are made subject to the penalti~~s of 18 Pa.
C.S, 5 4904, relating to uns'>Iorn faIsiEicatLon to authorities.
DATED:
<j fe,!v,
~ 7 '~'&
Tr.oy F. Mil.ls
year. If there is agreement of the panics that the children will stay ovemighl with Father on
Wednesday evenings, then Father shall retulll the children 011 Thlllsday morning to the proper
location, either baby-sitter, home, or school.
(b) Father shall have partial custody of the children on altemating Sundays when he
docs not have weekend visitation from 1100 o'clock AM, and return them to Mother at
7:00 o'clock I',M,
(c) On alternating weekends Father shall have partial cuslody from Friday at
5:00 o'clock I',M, until Sunday at 3:30 o'clock P M.. when Mother shall pick the children up from
Father.
(d) Thanksgiving Day shall be alternated such that Father shall have the children on
Thanksgiving Day in odd numbered years and MoLher shall have the children on Thanksgiving
Day in even numbered years, beginning with 1996,
(e) Father shall have partial custody of the children on Christmas Eve Day at a lime to
be mutually agreed upon between the parties and return the children to Mother at '
10:00 o'clock I'.M,
(I) Mother shall have custody of the children on Christmas Day with the exception
that in odd numbered years, if Mother docs not have plans to be away from the Shippensburg
vicinity, Father may visit with the children on Christmas Day from 11:30 o'clock AM. until
4:00 o'clock )',M, when he shall rcturn the children to Mother.
(g) Father shall have partial custody of the children on Father's Day, and relurn them
to Mother by 8:00 o'clock I',M, This specific agreement shall supersede the alternating weekend
and Sunday schedule set forth above if thcre is a conflict.
(h) Mother shall ~Iways have custody of the children on Mother's Day and such
agreement shall supersede the a\lernating weekend and Sunday schedule set forth above.
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SHAWN M. MILLS,
IN TilE COURT OFCOMMON I'LEAS 01'
CUi\lIl1mLANIJ COUNTY
Plaintiff
vs
CIVIL ACTION - LAW
NUl\IDER:yl.....'II.,/9 CIVIL TERM
TROY I". MILLS,
IN CUSTODY
Defcndllnt
STIPULATION ANI> AGREEMENT
COM~: NOW, the parties, SHAWN 1\1. 1\1 ILLS and TROY ....1\IILLS, and do
stipulate and agree as follows:
I, The parties arc the natural parents ofthrce minor childrcn, THOMAS FRANKLIN
MILLS, born April 14, 1993, DERECK MICHAEL MILLS, born April 14, 1993, and CODY
HUNTER 1\01 ILLS, born Novcmber 23, 1994. currcntly residing with the mother at 46 Short
Lane, Shippensburg, Southampton Township, Cumberland County, Pennsylvania.
2. SHAWN 1\1. MILLS and TROY F.I\IILLS shall have joint legal custody of their
three minor children, THOMAS FRANKLIN MiLLS, born April 14, 1993, DERECK
MICllAEL MILLS, born April 14, 1993, and CODY HUNTER MILLS, born November 23,
1994,
3, The parties hereto and cach ofthcm agrce that the mother, SHAWN M. MILLS, is
capable of caring for the said minor childrcn and is presently caring for the said minor children,
and it is in lhe children's best interest and lor their permanent welfare that primary residential
custody of the children be awarded to their mother, SHAWN M. MILLS,
4, The f.1ther TROY F. MILLS, shall have certain rights of partial custody and visitation
as follows:
(a) On every Wednesday evening from 5:00 o'clock J',M, until 8:30 o'clock J'.M,
during the time that the children arc not in schaul and until 8:00 o'clock J',M, during the school
year, If there is agreement of the parties that the children will stay overnight with Father on
Wednesday evenings, then Father shall return the children on Thursday morning to the proper
location, either baby-silter, home, or school.
(b) Father shall have partial custody of the children on alternating Sundays when he
does not have weekend visitation from 11 :00 o'clock A.M. and return them to Mother at
7:00 o'clock P,M.
(e) On alternating weekends Father shall have partial custody from Friday at
5:00 o'clock P.M, until Sunday at 3:30 o'clock J',M" when Mother shall pick the children up from
Father,
(d) Thanksgiving Day s:,all be alternated such that Fnther shn!l have the children on
Thanksgiving Day in odd numbered years and Mother shall have the children on Thanksgiving
Day in even numbered years, beginning with 1996.
(e) Father shall have partial custody of the children on Christmas Eve Day at a time to
be mutually agreed upon between the parties and return the children to Mother at
10:00 o'clock !"M,
(I) Mother shall have custody ofthc children ou Christmas Day with the cxceptiou
that in odd numbered ycars, if Mother dues not havc plaus to be awny from the Shippensburg
vicinity, Father may visit with the childrcn ou Christmas Day from II :30 o'clock A.M, until
4:00 o'clock P,M, when he shall return the children to Mother.
(g) Father shall havc partial custody of the children on Father's Day, mId return them
to Mother by 8:00 o'clock l',tv\, This specilic agreell1eut shall supersede the alternating weekend
and Sonday schedule set forth above if there is a conllicl.
(It) Mother shall always have custody of the children on Mother's Day and such
agreement shall supersede the alternating weekend aud Suuday schedule set forth above.
(i) Father shall be entitled to two (2) lull weeks of vacation time with the children
each year. These weeks shall not be consecutive weeks unless previously agreed upon between
the parties with at least two (2) weeks advance notice.
5. The parties agree that with respect to Christmas Day arrangements and requests for
other times not specilically scheduled, either on behalf of Mother or Father, that the parties shall
give each other two (2) weeks advance notice with respect to Christmas and vacation times, and
at least forty-eight (48) hours notic~ with rcspectto other special requests, Neither Father nor
mother shall unreasonably withhold agreement for unscheduled visitation and partial custody
requested, However, both parents shall take into aeeountlhe best interest and pennanent welfare
of the children in making such requests,
6, It is understood by the parties hereto that the best interest and permanent welfare of
the children shall be taken into account, including illness of the children or changes in schedules
111 VUl VelllellL
More than 200
volunteers gave
more than :300 hours
of time to TA
Lowery Elementary
School last year,
Volunteers work in
the classrooms, in
school areas u nd as
mentors and tutors,
To increase
parent participation
in conferences, the
school holds
individual meetings
or
small group
conferences.
Average
Daily
Attendance
School officials track
the average daily
attendance at each
schoo\. The average
daily student
attendance at T,A.
Lowery Elementary
during the 1998,99
school year was 94.3
percent.
included installation of chalk boards and partitions,
upgrades to the public address system and general
maintenance. ^ portnble classroom was installed to
create additional space for students and of the total
amount spent, $1,600 went to classroom furnishings,
T.A. L.owery SAT-9 Basic Skills
100 ---'----------'-'----'---------,--------------
80
60
40
?()
ht t p:/ ~je llschoo Is, intrepid, net/tulesreport, hlml
4/26/01
..
T.A. l.ow.:ry l'IclIlcntary
Pagc 3 of3
0
%l'd %:rd ~/o"th % 4th %~h % 5th %f.ch %t.th
Chden Gader, Crd.ders Gaden Clad,,, Chll,,, Ch.ders Chderli
scoring sconng scoong scormg scoring sconng scoring scormg
ov," under 25 ov," under 2S ov," under 25 ov.. under 25
mtionli pttcenble nawna percentile naian" percentile n<tiona percentile
averllic aVefSie averag;e average
1-1997.1998 019991
Columns rcprcsent, lcft to right. percentage of third. fourth. fifth and
sixth grade students who scored above the national averagc (taller
columns) and students in the same grades who scorcd bclow the
national avcrage (shorter columns) Total Basic Skills includc tcst
scores from Language, Total Rcading and Total Mathematics, Fifty
percentile represent students who are at grade level (national
average).
Annualltcl'ort Front
htt p:/ ~icnschoo Is. intrcpid, nCl/talcsrcport, hlml
4/26/01
Mrs. Ford's Class <hr> ,\,,^. Lowery Elementary School
Mrs. Ford's Class
T.A. Lowery Elementary School
;GUEIIT
.OOK
,'....
1}1t.'aSl' siJ!.1I IIIV gucsthooli "'.....
( )11 i...~' ( -I':;
\\(Hh. pll\lllC 7.'':',_7.'':;11
1'111:111 JkforJuaccl:.... J..I~\\\ u...
y 01!.l are visitor iiiil.l as of October 11. 2000
GeHAn~ to Know.Me
\
HEllO NEW PARENTI ANfJ IT'l:JfJENT1! lef "'e fell you
abouf myself! I affended fhe I:Jniversify of .Maryl.'JfId. and
received my Bache/or's degree fro'" lllepherd College. I
, have fhirfy-si* graduafe hours in Elemeflfary Educafion
}'i1 and Reading from Wesf Virginia I:Jniversify. I have
aJdifional graduafe hours from fhe I:Jniversify of Virginia.
I've been feaching for 2S years and I've lIeen a; T.A.
lowery since if opened..My feaching career has included
pre-k, kinJergarfen. Tifle T, subsfifufe feaching,as well as
feaching fhirfeen years af fhe fhirJ grade level.
Accelerafed learning lab
This year we arc very e*cifed..,holJf "All 'I - Acce/erMedlearning lall -- which
wi!! reduce class size i1l readi1lg ANN provide sm.., II grollI' i1l5lrlJcfio1l i1l scie1lce
a1ld healfh. OlJr cI,)5,f will he divided iflfo fwo secfio1ls: ~t'hile halffhe class i5
e1lgaged i1l lear1li1lg e*cifi1lg 'Iew fhi1lgs i1l sciellce wii!J ft1rs. Ch..rloffe legge,
auf i1l "fhe liffle hOlJse ". fhe re'Mi1li1lg h.., I! wi!! be '",ving re..,di1lg i1l5frlJcfioll
wifh me. The1l, we wil/swifch grollps. T/,is will i/llow ml:. ",ore liml:. fa
individllally help e.'/cll cbild i1l re..di1lg.
(r.A. ferrier afl,tt.jously awaifs /'is IIol!leworA assigfll!ltflf
Ofl file ella/Aboard so lit eafl wrife if dOWfl in EXHIBIT
hllp:l/rcinvcnt,k 12, wv.us/lt/homcpage,l1sf/llol11cPagcs/judy+I()rd
I
(p
. Mrs, Ford's ('lass <hr> T,^, I.llwery l'Ielllentary Sehllol
Page 2 of4
fJofe.boollJ rlle.re. are. alllincls olre.all,y !lre.af f/,in!ls in file.
a!le.ncla n l'IIulfiplicafion fables ancl oflle.r l'IIafll /'e./ps,,.vorcl
se.arclles, puzzles, ancl ofhe.r cool fllin!lS fo clo.
We'll Be WRlfl~(,f
Our ClM'S will wrife d,"ily, Ifacb sfudenf
will bave iJ Wrifer~' Worl:.sltop JOMer
in wbicb he/sbe willl:.eep all preunf
iJfld pal;! copiu olhis or her wor!:.. The
10Mer will have rough drafts,
revisions, and finished copies. Here we
are-- e,x'ercising Ollr braiflb'!
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A WonJer!ul Year AheaJ!
I' 1"'1" '1'~ ~'IJ
a. 9. ., ..
wi/! he "n c,,<citin9 !jC.lr lor :Jour ('11;/,/! / /oo/.; forw.,rr! fo if hcin9 9rc,,!!
Here ~ a pll(}ffJ (}.f my c!as,frfJfJl'!1 ~~ bUf nfJfllJng
happen8 w/fllfJuf file kJd8!
HO,MlfWORK
Homcwor!:' is give/! Nond.,y Ihrollgh
Thursday, ( Chee/:' yo III' ehi!rl~\' .,gcnda
-- wc writc i' do~"" c;,eh d.1Y,)
Cliel:. on ,hc cl.18sI'ho'o 10/" .1grc.,'
linl:. fo homcworl: hclplorp.Jrcll'sf
1I0mcwor/:' is" vcry i,.7/,orl.,,"I p.,!'f 0lschoolsllccc8s, I I:now .111 childrcn
http://reinYenl.k 12, wv,lIs/lt/holllepage.nsllllolllel'ages/jlluy f lim!
4/24/0 1
Mrs, Ford's Class <br> T,A. l.owery Elementary School
h.1Ve alin beyond schoo/{]u"'I ,M' I do! J,buI .1f-l1ol':le praclice reinlorcu
s/;ills and concepls Ihal we havc been worhng on in Ihe cI.JS,frOOI':l, AN/)
leIs p.lrenls /;now and rmdersl.lm!wh.1f we .1re doing. II is very
il':lporl.lnt Ihal you I.l/;e lil':lc 10 1001: over your child~f hOl':lewor/;. f/
l':Iisla/;es have heen l':I.lde, resisl Ihc ICl':lplMion fo "redo 'I Ihe child's
war/;. Il.Mher, poinl oul where Ihc 17IlsI.ll:e is .1m} .1SI: your child ilhe or
she h.ls a solulion 10 Ii* Ihe prob/el':l. lIol':lcworl: Is alway'" a review, so
your chIld shoulrJ have a good idca 0/wh.11 10 do. f/ Iflue I>'(;el':ls 10 he
repealed problel':ls gelling YOllr chilrl 10 do hili or her hOl':lewor/;, or i/
Ihey l':IosI always need a 10 10/ hc /p, plea,fe Ie 11':1 C I:now.
)lath
.Mulllplicafion and dIvision are cOl':ling righl .1 long. Wc h.lYe lil':led luls
on a regular basi,,' 10 assess how well Ihe sllll/eMs arc learning Iheir
basis ;;lcfs in l':Iulliplicalion. Keep on worl:ing hard, boys and girls!
READING
!leading i5 fhe m05f imporfaM parf of school succus! We have hegun a program
called "!leading Counfs" which i5 designed fo mofiva/e young people fo hecome
eMhusiasfic readers! IfudeMs may choose from a wiJe variefy of e*cellenf
hooks fo read. Whefl lini5hed. fhey fake a quiz Ofl fhe compufer fa assess fheir
knowledge offhe hook. Ifflley pass fhe quiz, fhe add a "hook" fo our classroom
wall. Our !irsf elMS goal i5 fo read 50 hooks. Whefl we reach fha! happy day. we
will ce/ehrafe wifh an ice cream parfy! After flmf. we willsef some new goal5 and
keep on readin '!
lucJal Studies
(The fe*f hightighfS fhe imporfanl words in !; d/o It
We have he en sfudying fhe I:Jnifed S'fiJfes Governmellf iJfld flafionalsymhols in
10ciallfudiu (.March 5)
Click on fhis picfure ofT.A. Terrier fo go ;0 a wonderful geogr.1phyliflk for
kiJs!
http://rcinvent.kI2,wv.us/lt/hol11epage,nsllllomePagcs~illdy+ford
4/24/01
Mrs, Ford's Class <hr> T,^, l.owery Elementary School
Page 4 of4
Science
These are some of fhe greaf anImal reporfs we did In
scIence "'Jsf year. Thl8 year,.Mro. Charlone Legge 18 fhe
fhlrd grade 8clence feacher. .Mro. Legge has IOf8 of
I"fereaflng fhlng8 ouf In fhe "llnle hou8e. " A8t your child
aIJouf whaf's happenIng In 8c1e"ce!
ResponslMe Sfudenf8 are Greaf!Re8ponslMe .ffu .
Very Interesting! SI:JPER linh lur
KiJs and Parents!
. .Monferey Bay Af1uarlum
. KIds Guide fo fhe IJn/fed Sfafes Governmenf
hllp:llreinvenl.k 12. wv,us/lt/homcpagc,nsllllomcPagcs/judy+ford
4/24101
T. A. l.owery Elementary School <hr>Ms Franzen's First Grade
Page lof2
T. A. Lowery Elementary School
Ms Franzen's First Grade
Olliee: C-II
Work phone: 304,728.7250
E-mail: Il.r:lIl1l.lll(:\U.:I.:......k 12,\\\ ,u<.,
uestbook
You are visitor No. ~Elll since May 8, 2000
Upcoming Events
April I - Daylight Savings Time Begins
April 2-6 - SAT Administered
April 12 - Spring Portrait Day (group and individual pictures)
April 13 - Instructional Day lor Students (Dismissal at 1:45pm)
April 16-20 - Spring Break (No school lor students)
April 28 _ Nature Trail Work Day/Clean Up Day at T, A. Lowery (9:00am-
1:00pm)
Agenda Books
Please review your child's agenda book daily and discuss the day's activities with
your child. Parents need to sign agenda books each Tuesday.
WEB Books
ill Please read and record your child's WEB book daily in the WEB lolder.
T. A. Tuesday
Each Tuesday, called T, A. Tuesday at T. A, Lowery Elementary, your child will
bring home their weekly papers, The top sheet will be an overview of the week's
topics. The second sheet will he a progress report. Please look over your child's
work, sign the progress report, and return the papers to seboolon Wednesday,
EXHIBIT
http://reinvent.kI2,wv.us/lt/homepage.nslYHomePages/lisa+franzen
I
7
T, A. Lowery Elementary School <br>Ms Franzen's First Grade
Current Events
~.....
,~,....
'.
Our April theme is On Our Way. Where do you like to go'! What do you like to
see on your way'! Wbat would you like to be when you grow up'! Our stories will
make us think about the dreams that might come true lllr us along the way.
.' ..., ~ .
,.... . . .
Book Publishing
We arc hard at work on our individual books! We bave finished our rough dralls
and arc currently revising and editing our work. Aller that, we will begin work
on our final copies. Then we can mail them to Studentreasures IlJr publication!
http://reinvent,kI2.wv.usllt/hol11epage,nsIlHomePages/lisa+franzen
4/24/01
BRIDGET DERONDA <br>TIIE "TLC" COUNSELOR <br>TENDER. LOYING. CAR..
BRIDGET DERONDA
THE "TLC" COUNSELOR
TENDER, LOYING, CARE FOR ALL
STUDENTS
IUIaoOl C"'~I!NDAA I.LI.I
~"n \4u~ lUll "~\J '!h.. r" !.31
()nice c- \(.
\\ork pllolle 1()..J-72X-72~O
You are visitor No, .1llJ.Q] since May 23,2000
ABOUT ME.....
I have bl.:l...'1l a (iuidancl' ('Olll1SL']or at T:\ I.o\\l'r~,,. since !'\o\'L'llIher
I (){)71 I gradu:tll...'d 11"0111 Shepherd C'ollcgl' in 1\):-;-1 \\ilh a degree ill
SOl:ia] \V(lr~ :\lIenvards. I \\orh:d Ii II" the \Vest \'jrginia Department oj'
Ilumall SCl'\iccs alld the "'"derick ('(lulll\' (\lar)'lalld) Department nC
Social Sen"icL's I fccci\l'd Ill~' ~laster's degree ill Coullseling. ill It)()5.
fro1ll \\\:st \'jrginia l'ni\el'sil\.
Ili\l' ill Charles TO\\1l \\ilh Ill~' hushand. Blldd~' and our two dogs. \'lax
& Chase Our diluglltl'r. Kalie li\"l's close h~' \\ ith (JlIT" "preciolls
granddauglltcr-..\Il'\andr<l" I l'l1.ioy Spl'tHlill~ lime \\ith 11l~' lilltlil~'_
tra\'ding. and cheering I'()J' Ihe Baltimore Ra\'Cllsl"
Till' best part ol'Il1Y joh is \\orking ami helping children through the
"best oftil1lcS &. the ll10st dilliclllt oftimcs"
COUNSELOR'S ROLE
Therc arc man)' roles a (juidancl' COlllbelor flllltills thrOU!!!loul the school YCtl!" Fach month I!,; 01'
IC(lch a c1assrool1l guidancc Iessoll 10 C\ er~' class, SOIllC topic:', include' self-estccm, n'icndships,-
blll\~!ing, and carecrs I \\ork with studcllh illdi\'idl1:lll~' or in small groups to ass:st tlll'lll with
interpersonal and social skills. ,Inger Jllilllagelllcnt.tlnd 1;lll1il~' situations thallllay alli'et a child's
Icarning ellvirolllllent
JUST ME & MOM WORKSHOP
e e e e (} e I had a \\llndcrllrl OppllrtllllilY to work
.. -.... " .. \ .
_~ .. ....., ~'.. ../.. '... \. \"ilh ()tll !!r~ldl' 1Il0~llS & d~lUght~'rs
rccclltly \\ l' Illct j{)[' ,hrl'l' l'\'l'lllllg
scssions to disCIJSS isslIcs ahouI CIIllllllllllic;llioll. l"riclHbhips. & hod\ illlagl,"sdf-cSll'L'1l1 \1\ daughter.
Katie hclped co-lead till' \\Orhsl1(lp it \\<IS;I rc\\ardill!.! L'\pcl'icIlLT
SUPPORT PROGAMS
http://rcinvcnt.kI2.wv.us/lt/homcpagc,nsI71IomePages/bridget+deronda
I
EXHIBIT
g
BRIDGET DERONDA <br>THE "TLC" COUNSELOR <br>TENDER. LOVING, CAR..
I PEER MEDI:\TION is a plllgranl
in which studcnts Icarn 10 hclp olhcr
studcnls rcsolvc di'putcs
2, PASS (Providing Academic& Sell~
esteem Support) is a school-based program designed 10 hoost the academic skills and sclf..cstcl:1ll of
students who arc c\pericncing h:arnillg prohll:llls ill school :\dult volunteers arc needed for our
schaaP
J FOSTER GRANDPARENT program has hl'en going s!fong this veal" Our Foster Grandparent
helps with lirsl and second grade students
4, V.IP(Very Important Person) program helps students increase their sell~estecm and allcndancc
throughout thl' school !'car
QUOTE OF THE MONTH
bloom where you're planted
CHECK-IT -OUT
In April. I will oller a workshop I,)f' 6th grade parents
cntitled "Growing InlO An Aduh" Morc inl,'rmat;on I"rth
coming!!! The \\:orl\shop will be nlicr our Spring break
13'.
fer
...,
. htlp://www.geocilics.com/hcartland/plains/20JO/gardcn. hlml
htlp://rcinvcnl.k 12. wv. us/lt/homcpage.nsf/Hol11cPagcs/bridgcl +dcronda
4/24/01
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l.A, I.owcry Elcmcntary School
T. A. Lowery Elementary
School
Jefferson County, WV
Karen SI/'OUp, Principal
We/come 10 Ihe Schoo/lhal has won the distinction as
the winner of'
Reading For All/Reading Excellence
Federal Grant
Home Of tile Terrier,v! ...And so I//uch I//ore!! Walch.!;,r
upda/e,' Oil school alld class/'Ool//lIclil'ilies,
Email T. A. 1.01\'(''')' Elemental')' Sehool
,,.,,/1111(/,\/('1': f:arel/ ,.lsl1hy-f)ol\'l'1"\
. T A I. F S PH)
. Meet Ollt' St:ilr
. Our School BusinL'ss P<lrtlllTS
. All the FdliC<ltillfJ:\ll.illks YIlIi Clllild he, ,\,1.
h)J'!
. .Ielrl'rsol1 COllllty School noanlllollH: Pagl'
. Visit YOllr Teachers \Vch Page ill tllc' 1I1\1/\\'\'IlI'
hlt p://jcflSc hoo Is, intrcpid, net/lowcry /
Pagc I 01'2
EXHIBIT
l~
4/24/0 I
01:
CAFETERIA:
. Jill Rowland (1/5)
. Anna Gray. Managcr
. Mary Rogcrs BDIT:
. Phyllis Dillow
. Tina Hartlove . Toney Lawson (1/5)
. Thelma Wilt (112)
CUSTOIHANS:
. David Link
. Charlcs Winli'cy
...-IIIR
~
Back to our home page
hllp:lljefTschoo Is, intrcpid. nct/lowcry/sta II htm
4/24/01
Karen W. Stroup. Principal
l'It.".I\t.' ,i~1l JII~
{!Ilk..: (Jtrl\..~
\\\~rh plll)I!L' ;11~.7:S.i.~"iI)
Il,'llk' pl\tlltl' ;tq.7!S.X-ll,X
Ll\. ;1 I-/.. 7.'X_ 7(,. I
I 111.11: l-....lr\lUpl/ al.-.cl.'...... k 12 \\\ u<.,
You arc visitor No, ~Jj~ since February 24. 2000
ifJUU~
f""'"
,.~::
1!ul'\lhuol"
About myself
J /J;l'.l' h;ld t11l' /lk'!',!Ul' of ',I (ll k!l),~ III "L'" l'J:d ,'i):;J!l1l", .wt! sdwoh dUrJllg my.
\.':ll\..'l'[' III Iduc,lllllll \1\ Ilthk'l~I,ldll;Jtl' dL'~rl..'l' I., (11\111 ( 11111.:01<1 ('llllq~.l'-
l.knll'1I1M\ j',du\.'Jll\lll K - s. \\1I1l "llL'l'lali/aIIllIh III \111";1..' alld SOL'ial SlLIdie."
l:olltil1l1L'd tl1\ nllll'dll\ll1 ~lt \l;Il-.,I1;tll {'rH\L'I,il\ \\ l'''' \'ir~ll1iil ('lli\crsily,
ICldrord 1 I1I\l'I'-II\ ;lfld I niIL'!:--ll\ (lr\'ir~lllIa dl'lllL'\lll.L: \1.\\ illl':ducaliol1al
.\dlllini"II;III'llll, - I."::. IIlld RL';ld1l1.:: Spl'\,:iali";l h. - I.":: Silll'L'lliatliJlll' I ha\'l'
cOlllpiL'tL'd (II) how:-'lIhll\'l'lhl' \LI"\I.,'I"; 1)l..'~Il'L' 1L'\l'l I !la\l' lilUghl ilt d \;llIl'I\ l)fil'\L'ls li'orn I':lltr~'
k\cllc~lI"lll..'rS I,) :\dld! iL':Jllll'l.., I 11:1\l' \\ll1kl..'d IJl\dll1illi..,ll'a!i\l' pn...lllll1h:1'.:t (l)Ull!\ ('ul'ricululll .u1(1
Inslruction Supl'l\'isor_ Sl'C(llllbl~ PriJ1l..'lpal :llld Lk'llll'lll;lI\ PliIlClp~t! I hL'lil'\l'll1l'uhlic 1':ducatioJ1
and Ihl' lok that \\l' pl<l\ \11 sl1apl!1.~ nlll ~Il'd[ l..'Ptllll['\ 1<1111;1 Jlll..'JlInl ;llld "!)llJ...l.'''pl'r''UIl f(lr our
childrell alld ha\l' \t'n "'11{)ll,~ I "dul..'<Illl1l1:I1 \.;dul'.... rl'!-!:lrdil1~ the li~l1h or l...hildrcll 10 he lrl'<lll'd \\ith
rl':-.pn:t and di~llit\ \h'IHhh;\!lll :!11l1I li\l' ;jl "l',U!ll..'\:-.\llk <llld l'll,IO\ d ddlll!ll\L'! (;I sludl'llI <II
Shephcrd Collt'gl') ;111t1 it ...011 \\l1llli\L':" ill I /;lITi"(lllhlll'!:!_ \';1
o
Our School Staff
Thl' adults that \\oll togL'thel in al1\ l'dlll.:allnlwl sellin).!
delel'llline the qllalil\ o(thL' school da' "\1 T -\
l.o\\L'ry. our slalr - hoth illstnll'liol1:l1 <llld :-'lq)pnrt - :1I'l'
\'l'r~' dL'dicated <lnd ....aring illdi\'iduals ()ur illtl'l'\ ie\\
cOlllmitteL's cardlrlh' Sl,,:rl..'l'l\ and rl..'clllllllll'nd applic:lllh
\vl1o share our philosoJlY pI' edllcalilHl 1/<lrnl01l\ ;lIld
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Karen W. Stroup, Principal
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Page3 of)
IllCIlIOfShip for prosp..:ctivc tl'adll'rs Our PiHl'llh an.' illll'IL"',ll'd ;tlld
il1\'ol\ cd ill the cdul.:al iOllal prol.;Css and pi 0\ idL' tlil' Cl it Ic;d hllk Ii II I hl'
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used every.! night alld 011 week-ends fol' COllllllllllil\ Illlh:tiolh
Jefferson County Schools - Please visit the web site for each of
our schools for a closer look at the excellent educational
opportunities for every child in our county.
hllp:/ /reinvenl.k 12. wv, us/lt/homepage.nsf/HomePageslkaren+stroup
4/24/01
TROY F. NILLS,
IN THE (\)Uf,T OF CONr~ON PLEAS OF
CIJMBERLM,U "OUNTY, PENNSYLVArl I r,
Plallll1 ff
v.
No.: ~r:; -,.r;'iJ Civil Term
SHAV1N r~. NI LLS,
Defendant
CIVIL M'TION - LAVl
ORDER OF COURT
You, Shawn Mills, Defendant, have been sued in cou~t to
I
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!I Derek Michael Nil Is and Cody Hunter r'l111s.
I
I
obtairl partial custody,
of the chi Id""" Thomas Franklin r~ Ll b.
You are ordered to appear in per'son at Court Room No.
of the Cumberland County Courthouse, Harrisburg, Pennsylvania
on the
day of
2001, ,t
.In., for
a hearing.
You are further ordered to bring with you the children:
Thomas Franklin Nills, Derek Nichael Nills and Cody Hunter
Mills.
If you fail to appear as provided by this order or to bring
the child, an order for custody, partial custody or visitation
may be entered against you or the court may issue a warrant for
your arrest. Pending a further Order of Court, the children, as
stated above, may not be relocated from Pennsylvania.
SAIDIS
SHUFF. FLOWER
& LINDSAY
AlTORNEYS'^T'L.\W
26W.lUghSlreel
Carlisle. PA
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOVl TO FIND OUT \'lfIERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Assoc: i ,'It iOIl
2 Liberty Avenue
Carlisle, PA 17013
800-990-9108
BY THE COllin':
E')((?t'c~\'~ (1
leDC \' \ l Clt\ 0(\
J.
TROY F. f4ILLS,
IN 1~E COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plilintiff
v.
No.: 96-,1649 Civil Term
SHA\'iN ~1. MILLS,
CIVIL ACTION
LAW
Dcfendilnt
PETITION FOR MODIFICATION/PETITION TO ENJOIN
DEFENDANT FROM RELOCATING
AND NOW comes Plaintiff, Troy F. Mills, by and through
his attorneys, Saidis, Shuff, Flower & Lindsay, and
respectfully avers the following:
1. The Plaintiff is Troy F. Mills, an adult individual
residing at 109 Cleaversburg Road, Shippensburg, Cumberland
County, Pennsylvania.
2. The Defendant is Shawn M. Mills, an adult individual
residing at 46 Short Lane, Shippensburg, Cumberland County,
Pennsylvania.
3. The parties are the natural parents of three minor
children, Thomas Franklin Mills, date of birth April 14, 1993,
Derek Michael Mills, date of birth April 14, 1993, and Cody
Hunter Mills, date of birth November 23, 1994.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS'AT'I.AW
26 W. IUgh Strecl
C.nllslc, PA
4. A Court Order was entered January 24, 2000,
outlining the custody arrangements which was reached during
custody conciliation; a copy of said Order is attached hereto
and made a part hereof and marked as Exhibit "A".
5. 1~e Plaintiff has discovered that the Defendant is
planning on moving out of state with the children and wishes
ii. Every Wednesday from after Father gels off from work
until Thursday morning at which lime Father shall return the
children to the appropriate babysitter or other day care provider.
B. During the summer months, the parties shall share the custodial
arrangement wilh the children on a week-on, week-off basis. The switch
day shall be Friday when the parties get off from work. This schedule
shall commence with Father having the first full week of the summer and
shall alternate thereafter until the end of the summer vacation.
3. The parties shall alternate the major holidays; those holidays being
defined as Easter, Memorial Day, Labor Day, Thanksgiving and New Year's Day.
This alternating schedule shall commence with Father having Easter in 2000 and
the schedule shall alternate thereafter. These periods of partial custody shall be
from 8:00 a.m. until 7:30 p.m., unless the parties otherwise agree.
4. Christmas shall be broken into IWO segments. Segment A shall be from
December 24th at 2:00 p.m. unlil Christmas Day at 2:00 p.m.; Segment B shall be
from Christmas Day at 2:00 p.m. until December 26th at 2:00 p.m. Father shall
have Segment A in 2000 and all even years thereafter and Segment B in 200 I and
all odd years thereafter. Mother shall have Segment A in 200] and all odd years
thereafter and Segmenl B in 2000 and all even years thereafter.
'-
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.^ToLAW
26 W. High Slreet
Carll,le, PA
CERTIFICATE. c;>F SERVICEr;
,/y k- ( (fJ!-\ .
day of "'~ ~\.._
On this
, 2 oQ,i , I,
hereby certify that I served a true and correct copy of the
foregoing Petition for Modification upon all parties of record
via United States Mail, postage prepaid, addressed as follows:
Anne S. Johnson, Esquire
247 Lincoln Way East
P.O. Box 309
Chambersburg, PA 17201
Shawn Mills
46 Short Lane
Shippensburg, PA 17257
SAlOIS, SHUFF, FLOWER & LINDSAY
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TROY F. MILLS
IN THF. COURT OF COMMON I'LEAS
OF CUMBF.RLANI> COUNTY,
I'F.NNSYLV ANIA
"Iainliff
vs.
No. 96-4649
SUA WN M. MILLS
I)cfcndanl CIVIL ACTION -- LAW
ORDER OF COURT
AND NOW, \ul').) [' r'\ upon consideration oflhe allaehed complaint. it is
hereby dircc,.ted that thc parties and their rcspective counsel apnear bcf(lTC H \l\-{t '" \ L.
P -'" \ .." \
'oj f\'\ 'c). ~'-j.\ , the conciliator. at ': ,.,(." .\'" \ [2,., on the 1.:, day of
Y\'\., ;1..1 I --.I' . ..:J,jJ.j. at :C':.}. ~ '.m.. for a Pre-Ilcaring Custody Conferencc. At
such conference. hn eOort will bc made to resolve thc i sues in disputc: or if this cannot he accomplishcd,
to deline and narrow the issues to be heard by thc court. and to entcr into a tcmporary ordcr. All children
age Iivc or older may also be prcsent at thc conferencc. Failurc to appear at the conlercnee may provide
grounds for entry of a temporary or pcrmanent order.
FOR TilE COURT,
by: \\ll.C:'Kn \1M --\'nS'ffi Gt. -
Custody Conciliator I.,) '( r" ~
The Court of Common Picas ofCumbcrland County is requircd by law to comply with the
Amcricans with Disabilities Act of 1990. For inli1Tmation about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court. plca'ic contact our
office. All arrangements mllst be maul.: allcast 72 hours prior to any hearing or business berorc the court.
Y01l1l1Ust ath.:nd the scheduled cnnfcn::ncc or hearing.
YOU SIIOULD TAKE TillS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT IIA VE A
LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEpllONE TilE OFFICE SET FORTH
IlELOW TO FIND OUT WilERI' YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
LA WYI'R REFERIlAL SERVICE
2 LIBERTY AVENUE
CARLISLE. pA 17013
(717) 249-3166
"
TROY F. MILLS
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs.
No. 96-4649
SHAWN M. MILLS
Defendant CIVIL ACTION -- LAW
PETITION FOR MODIFICATION OF CUSTODY
AND COMES NOW. TROY F. MILLS. by his attorney. Timothy J. Colgan, Esq., and
files the following Petition:
l. Petitioner, TROY F. MILLS, resides at 109 Cleversburg Road, Shippensburg,
Cumberland County, Pennsylvania since October 1998.
2. Respondent, SHAWN M. MILLS, resides at 46 Short Lane, Shippensburg,
Cumberland County, Pennsylvania since 1992.
3. Respondents arc the natural parents of three minor children, Thomas Franklin Mills
born 4/14/93, Dereek Michael Mills, born 4/14/93, and Cody Hunter Mills born 11/23/94.
4. The children were not born out of wedlock.
5. The children arc presently in the care and custody of the Respondent.
6. There is a court order establishing custody and visitation entered by the Honorable
George E. Hoffer dated August 20, 1996 adopting the stipulation and agreement of the parties (a
copy of that order and stipulation arc attached hereto and marked as Exhibit A).
7. Petitioner has no information of a custody proceeding concerning the children pending
in a court ol'this Commonwealth.
"
VERI FICA TION
!, TROY F, MILLS, verity that the statements made in this 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, rdating to unsworn Illlsitication to authorities.
Date: [0-( 2 -11
/!: frY -;}J,cm ~
~ F. MILLS
Plaintifr
,\':',( '1.1I~',vr.\"( '( J/.I i.. LV ,\'< 'II/WI.\}:,',( '( ).\II'l.,lI,\'Jfl'l)
TROY F. MillS,
MAY 1 82001'i\1!'\.
IN THE COURT OF COMMON PLEAS OF 'J
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4649
Plaintiff
vs.
SHAWN M. MillS,
CIVil ACTION - LAW
CUSTODY
Defendant
ORDER OF COURT
AND NOW, this /1.1 day of May, 2001, and appearing that the parties are in
need of a hearing, it is hereby ordered and directed as follows:
1. Pending further Order of Court or agreement of the parties, the prior Order of
January 24, 2000, shall remain in full force and effect. Mother's summer 2001 custodial time
may be exercised in Maryland, without prejudice to Father's opposition to the relocation.
Mother may not enroll the Children in school in a school district other than Shippensburg or
otherwise relocate the Children.
2. A hearing is scheduled in Courtroom Numher j lof the Cumberland/county
Courthouse, on the 2.<:;,..- day of .Jo . ,j)" , 2001, at '1':>10 o'clock ~,m., at
which time testimony will be taken. For the purposes of the hearing, the Father, Troy F. Mills,
shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for
the parties or the parties pro se shall file with the Court and opposing counsel/party a
memorandum setting forth each party's position on custody, a list of witnesses who are
expected to testify at the hearing, and a summary of the anticipated testimony of each witness.
These memoranda shall be filed at least ten days prior to the hearing date.
BY THE COURT,
.'
/.
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..'"1 ./ ,~, ; (,
Edgar B. Bayley, J.
Dis\: Johnna A. Kopecky, Esquire, 26 W. High Slreel, Carlisle, PA 17013
Thomas J. Trgovac, Esquire, 247 Lincoln Way East, Chambersburg, PA 17201
~l
.
.,
TROY F. MillS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 96-4649
SHAWN M. MillS,
CIVIL ACTION - LAW
CUSTODY
Defendant
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 Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Thomas Franklin Mills
Derek Michael Mills
Cody Hunter Mills
April 14, 1993
April 14, 1993
November 23, 1994
Mother
Mother
Mother
2. A Custody Conciliation Conference was held on May 15, 2001, with the following
individuals in attendance: the Father, Troy F. Mills, and his counsel, Johnna A. Kopecky,
Esquire; the Mother, Shawn M. Mills, and her counsel, Thomas J. Trgovac, Esquire.
3. The parties were seen on May 15, 2001, pursuant to Father's Petition to
Modify/Enjoin the Defendant from relocating which was filed on April 11 ,2001. The previous
Order of Court on January 24, 2000, provided primary physical custody in the Mother during
the school year, during which time Father had alternate weekends from Friday after work until
Sunday evening at 7:30 and Wednesdays after work overnight until Thursday morning when
the Children returned to school. Additionally, the parties shared summer in a week-on/week-
off fashion. The Order provided for sharing of holiday time as well. The parties were unable
to reach an agreement with regard to custody of the Children and relocation of Mother.
Therefore, a Gruber hearing will be necessary for which counsel jointly request one day of the
Court's time. No custody evaluation is planned.
4. Father's Position: Father opposes the move primarily because it will interfere with
his ability to be involved with the Children for their extracurricular and school activities. Father
states that he has been involved in attending the boys' T-ball and soccer games and that he
wants to continue to be able to do that. Additionally, when his work day is cut short by rain he
wants to be able to continue to be involved with the Children's classroom activities at school.
He voices concerns that Mother has not kept him informed of important information relating to
the Children and that she has been inflexible with him in arranging the boys' schedule. He is
concerned that with her relocation he may be less involved with their sons. Father was
No. 96-4649
particularly concerned that Mother began to discuss the relocation with the Children before
she had notified him that she was planning this move. It is Father's position that the Children
have been placed in the midrJle and that Mother should have discussed this matter with him
prior to discussing it with the Children. Additionally, Father claims that Mother told him she
was moving and that there was nothing that he could to about it. Father is also concerned
about the impact on their sons if the Mother's new relationship does not work out. Father
states that there would be no economic advantage or other benefit to the Children in
relocating. Rather, the necessary changes in schedule may adversely impact their ability to
participate in sports and decrease his involvement with the day to day activities of their life.
5. Mother's Position: Mother proposes to relocate to Charlestown, West Virginia.
Charlestown is approximately 74 miles from where the parties live in Shippensburg,
Pennsylvania. The drive time is between 1 hour and 1 hour and 15 minutes from
Shippensburg. Mother proposes to relocate because she became engaged in February of
2001 to Noel Stoner, whom she met in November of 2000. A wedding for early March 2002 is
planned. Mother presently lives in a double-wide trailer in Shippensburg. She is hoping to
relocate on Memorial Day weekend 2001 to the home of her fiance which is described as a 4-
bedroom home in a neighborhood with a playground. Mother has worked for the State of
Maryland for approximately 12 years and her office is presently located in Hagerstown,
Maryland. The present commute time for Mother from Shippensburg to Hagerstown is
approximately 45 minutes. Mother's counsel represents that the relocation to Maryland will
create additional opportunities for employment for Mother in the State of Maryland. Mother
reports that her parents, her fiance's parents and her brother all live in Maryland, and
therefore, she would have further access to her extended family if permitted to move. Mother
has investigated school in Maryland and found that the school the Children would be attending
have a limited class size of 25 students and are located in a newly-constructed building.
6. Mother had proposed an alternative visitation plan which would discontinue Father's
present Wednesday overnight periods of partial custody and replace them with additional
weekend and holiday time. She also proposes to share the transportation made necessary by
her move and to continue the week-on/week-off summer custodial plan.
Date
L// ,
M a Peel Greevy, Esquire
Custody Conciliator
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TROY F. MILLS.
Plaintiff
IN TIlE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
I'ENNSYLV ANIA
vs.
NO. 96-4649 CIVIL TERM
SIIA WN M. MILLS.
Defendant
CIVIL ACTION - LAW
AND NOW, this
()I~)ER
'2l1\...-Jayof _A
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. 2()()(), upon receipt of the
Conciliator's Report, it appearing that the partics have agreed to the terms and provisions of this
Order which was dictated in their presence and approved hy them and their counsel. it is hereby
ordered and directed as follows:
I. The parties shall share kgal custody of the minor children. Thomas
Franklin, d.o.b. April 14, 1993: Dereck Michael. d.o.b. April 14, 1993: and Cody
Hunter, d.o.b. November 23. 1994.
2. The physical custodial arrangement shall he in accordance with the
following schedule:
A. During the school year, Mother shall have primary physical
custody of the minor children subject to periods of partial custody and
visitation with Father as follows:
i. On alternating weekends Irom Friday at which limc
Father shall pick up the children after he gels 01'1' li'OI11 work until
Sunday at 7:3() p.m.
ii. Every Wednesday from alkr Father gets olT from work
until Thursday m(,rning at which time Father shall return the
children to the appropriate babysitter or other day care provider.
B. During the summer months. the parties shall share the custodial
arrangement with the children on a week-on. week.oITbasis. The switch
day shall be Friday when the partics get off from work. This schedule
shall commence with Father having the lirst full week of the summer and
shall alternate thereafter until the end of the summer vacation.
3. The parties shall alternate the major holidays; those holidays being
defined as Easter, Memorial Day, Labor Day, Thanksgiving and New Year's Day.
This alternating schedule shall commence with Father having Easler in 2000 and
the schedule shall alternate thereafter. These periods of partial custody shall be
from 8:00 a.m. until 7;30 p.m.. unless the parties otherwise agree.
4. Christmas shall bc broken into two segments. Segment ^ shall be from
December 24'h at 2:00 p.m. until Christmas Day at 2:00 p.m.; Segment B shall be
from Christmas Day at 2:00 p.m. until December 26'h at 2:00 p.m. Fathcr shall
have Segmcnt ^ in 2000 and all evcn years thcreaftcr and Segment B in 2001 and
all odd years thercafter. Mother shall havc Segmcnt ^ in 2001 and all odd years
thcreaftcr and Scgment B in 2000 and all cven years therealkr.
5. Father shall have the children Ill[ Father's Day and Mother shall have
the children for Mother's Day. These periods of partial custody shall he from
8:00 a.m. until 7:30 p.m.. unless the parties otherwise agree.
Timothy J. Colgan, Esquire
Anne S. Johnson, Esquire
J.
BY TIlE COURT,
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SALLY.I. WINDER
Al1()m('~' at Law
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SIIAWN M. MILLS.
IN THF. COURT OF COMMON PLEAS OF
ClIMBERLAND COUNTY
PlaintilT
vs
CIVIL ACTION - LAW
TROY F. MILLS.
NUMBEn: q, '1"/9 CIVIL TERM
IN CUSTODY
Dcfcnd:lIIt
~ ORDEn OF counT
AND NOW, this~_ day of August, 1996, upon consideration of the within
Stipulation and Agreemcnt and upon motion of Sally J. Winder, counsel for SHAWN M.
MILLS, Plaintiff; it is hercby OnDERED AND DIRECTED, that:
I. SHAWN M. MILLS and TROY F. MILLS shall havc joint legal custody of their
three minor children, THOMAS FRANKLIN MILLS, born April 14, 1993, DERECK
MICHAEL MILLS, born April 14, 1993, and CODY HUNTER MILLS, born November 23,
1994.
2. Primary physical and rcsidential custody ofthc minor children, THOMAS
FRANKLIN MILLS, born April 14, 1993, DERECK MICHAEL MILLS, born April 14,
1993, and CODY HUNTER MILLS, born Novcmbcr 23, 1994 is hcreby awarded to Mothcr,
SHAWN M. MILLS, subject to certain rights of partial custody and visitation in the Father,
TROY F. MILLS as follows:
(a) On cvcry Wcdncsday cvcning from 5:00 o'clock P.M. until 8:30 o'clock P.M.
during the timc that thc children are not in school and until 8:00 o'clock P.M. during the school
year. If there is agreement or the parties that the children will stay overnight with Father on
Wednesday evenings, then Father shall return the children on Thursday morning to the proper
location, either baby-siller, homc, or school.
(b) Father shall have partial custody or the children on altcrnating Sundays when he
does not have weekend visitation rrom II :00 o'clock A.M. and return them to Mother at
7:00 o'clock P.M.
(c) On altcrnating weekends Father shall have partial custody from Friday at
5:00 o'clock P.M. until Sunday at 3:30 o'clock P.M., when Mother shall pick the children up from
Father.
(d) Thanksgiving Day shall be alternated such that Father shall havc the children on
Thanksgiving Day in odd nombcred years and Mother shall have thc children on Thanksgiving
Day in even numbered years, beginning with 1996.
(e) Father shall havc partial custody orthc children on Christmas Eve Day at a time to
be mutually agreed upon bctwccn the parties and return the children to Mother at .
10:00 o'clock P.M.
(t) Mother shall have custody or the children on Christmas Day with the exception
that in odd numbered years, if Mother does not have plans to be away from the Shippensburg
vicinity, Father may visit with the children on Christmas Day from II :30 o'clock A.M. until
4:00 o'clock P.M. whcn hc shall rcturn thc children to Mothcr.
(g) Father shall have partial custody or the children on Father's Day, and return them
to Mother by 8:00 o'clock P.M. This specific agrecmcnt shall supcrsede the alternating weekend
and Sunday schedule sct rorth ahove if there is a contlic\.
(h) Mothcr shall always have custody or the children on Mothcr's Day and such
agreemcnt shall supcrscde the altcrnating weckcnd and Sunday schedule sct rorth ahove.
(i) Father shall be entitled to two (2) Iltll weeks of vacation time with the children
each year. These weeks shall not be consecutive weeks unless previously agreed upon between
the parties with at least two (2) weeks advance notice.
By the Court,
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SHAWN M. MILLS,
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PlaintilT
vs
CIVIL ACTION - LAW
NUMBER:9! ~'-JI9 CIVIL TERM
TROY F. MILLS,
IN CUSTODY
Defendant
STIPULATION AND AGREEMENT
COME NOW, the parties, SHAWN M. MILLS and TROY F. MILLS, and do
stipulate and agree as follows:
1. The parties arc the natural parents of Ihree minor children, THOMAS FRANKLIN
MILLS, born April 14, 1993, DERECK MICHAEL MILLS, born April 14, 1993, and CODY
HUNTER MILLS, born November 23, 1994, currently residing with the mother at 46 Short
Lane, Shippensburg, Southampton Township, Cumberland County, Pennsylvania.
2. SHAWN M. MILLS and TROY F. MILLS shall have joint legal custody of their
three minor children, THOMAS FRANKLIN MILLS, born April 14, 1993, DERECK
MICHAEL MILLS, born April 14, 1993, and CODY HUNTER MILLS, born November 23,
1994.
3. The parties hereto ,and each of them agree that the mother, SUA WN M. MILLS, is
capable of caring for the said minor children and is presently caring for the said minor children,
'.
and it is in the children's best interest and lor their permanent welfare that primary residential
custody of the children be awarded to their mother, SHAWN M. MILLS.
4. The father TROY II. MILLS, shall have certain rights of partial custody and visitation
as follows:
(a) On every Wednesday evening from 5:00 o'clock P.M. until 8:30 o'clock P.M.
during the time that the children are not in school and until 8:00 o'clock P.M. during the school
year. Ifthere is agreement of the parties that the children will stay overnight with Father on
Wednesday evenings, then Father shall return the children on Thursday morning to the proper
location, either baby-siller, home, or school.
(b) Father shall have partial custody of the children on alternating Sundays when he
does not have weekend visitation from II :00 o'clock A.M. and return them to Mother at
7:00 o'clock P.M.
(c) On alternating weekends Father shall have partial custody from Friday at
5:00 o'clock P.M. until Sunday at 3:30 o'clock P.M., when Mother shall pick the children up from
Father.
(d) Thanksgiving Day shall be alternated such that Father shall have the children on
Thanksgiving Day in odd numbered years and Mother shall have the children on Thanksgiving
Day in even numbered years, beginning with 1996.
(e) Father shall have partial custody of the children on Christmas Eve Day at a time to
be mutually agreed upon between the parties and return the children to Mother at
10:00 o'clock P.M.
..
(t) Mother shall have custody of the children on Christmas Day with the exception
that in odd numbered years, if Mother does not have plans to be away from the Shippensburg
vicinity, Father may visit with the children on Christmas Day from II :30 o'clock AM. until
4:00 o'clock P.M. when he shall return the children to Mother. .
(g) Father shall have partial custody ofthe children on Father's Day, and return them
to Mother by 8:00 o'clock P.M. This specific agreement shall supersede the alternating weekend
and Sunday schedule set forth above if there is a contlict.
(h) Mother shall always have custody of the children on Mother's Day and such
agreement shall supersede the alternating weekend and Sunday schedule set forth above.
(i) Father shall be entitled to two (2) full weeks of vacation time with the children
each year. These weeks shall not be consecutive weeks unless previously agreed upon between
the parties with at least two (2) weeks advance notice.
5. The parties agree that with respect to Christmas Day arrangements and requests for
other times not specifically scheduled, either on behalf of Mother or Father, that the parties shall
give each other two (2) weeks advance notice with respect to Christmas and vacation times, and
at least forty-eight (48) hours nolice with respect to other special requests. Neither Father nor
mother shall unreasonably withhold agreement for unscheduled visitation and partial custody
requested. However, both parents shall take into account the best interest and permanent welfhre
of the children in making such requests.
6. It is understood by the parties hereto that the best interest and permanent welfare of
the children shall be taken into account, including illness of the children or changes in schedules
TROY F. MILLS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
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SHAWN M. STONER,
DEFENDANT 96-4649 CIVIL TERM
IN RE: CUSTODY
BEFORE BAYLEY. J.
ORDER OF COURT
AND NOW, this lotJ-. day of July. 2001, IT IS ORDERED:
(1) All prior custody orders are vacated and replaced with this order.
(2) Shawn M. Stoner shall have primary physical custody of Thomas F. Mills,
born April 14, 1993, Dereck Michael Mills. born April 14, 1993, and Cody H. Mills, born
November 23, 1994.
(3) The mother is allowed to move Thomas, Dereck, and Cody to Charleston,
West Virginia.
(4) Troy F. Mills, shall have temporary physical custody of Thomas, Dereck, and
Cody:
(a) During each school year, except as otherwise provided. every
two weekends out of three from Friday evening until Sunday evening, or
until Monday evening if a school holiday falls on a Monday.
(b) In alternate weeks during each summer.
TROY F. MillS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
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SHAWN M. STONER,
DEFENDANT
96-4649 CIVil TERM
IN RE: CUSTODY
BEFORE BAYLEY. J.
OPINION AND ORDER OF COURT
Bayley, J., July 10, 2001:--
Troy F. Mills, age 34, and Shawn Stoner, age 31, were married in 1992. They
are the parents of twins, Thomas F. Mills and Dereck Michael Mills, age 8, born April
14,1993, and Cody H. Mills, age 6, born November 23,1994. The mother is from
laurel, Maryland, and the father is from Shippensburg, Cumberland County. When
they married the mother moved from laurel to Shippensburg. The parties separated in
1996. Since that time, the mother has had primary physical custody of Thomas,
Dereck, and Cody. The parents were divorced in 1997. The father has exercised
extensive periods of temporary physical custody pursuant to two custody orders, the
first on August 20, 1996, and the second on January 24,2000.
The father is a self-employed excavator. He lives in a four-bedroom remodeled
farmhouse in Shippensburg, with this wife Tawny, to whom he has been married for
four years, and their son Wade, age 3. Tawny Mills, who operates a hairdressing
96-4649 CIViL TERM
business out of their home, has a son Kyle, age 16, who lives with his father in
Hummelstown, Dauphin County. Kyle visits every other weekend with his mother in
Shippensburg. The father testified that he and his wife have struggled at times, but
their marriage has never been on the brink of divorce. His wife testified that she and
the father have had their ups and downs, but that things have been going well recently.
She testified that having five children in their extended family has been overwhelming at
times.
The father generally works five days a week and his hours are reasonably
flexible. Sometimes he works on a Saturday. He is busy during the spring, summer,
and fall but his work slacks off during the winter. When Thomas, Dereck, and Cody are
with him, they attend the Newberry Church of God with his family. In the summer, the
boys attend bible school. The father's parents, grandmother, and his sisters and their
families all live in the Shippensburg area. The boys are involved with the family. The
father, as well as the mother, have been actively involved with the children's school
activities and have been in contact with their teachers and counselors.
The mother owns a three-bedroom trailer, which is in a trailer park in
Shippensburg. She has worked for almost twelve years for the State of Maryland. She
is an administrative assistant and commutes Monday through Friday to Hagerstown,
Maryland, which is 36 miles from Shippensburg. Her hours are 7:30 a.m. to 4:00 p.m.
The mother married Noel Stoner, age 32, on June 22, 2001. Stoner has a college
degree and has worked for seven years for the State of Maryland as an environmental
-2-
.... -.......
.-
96-4649 CIVIL TERM
compliance officer at the Frederick County Health Department in Frederick. He lives in
a home he built three and one-half years ago in Charleston, West Virginia. His
commute to work is between twenty and thirty minutes. His home is approximately a
one-hour drive from Shippensburg.
The mother seeks permission to move Thomas, Dereck, and Cody to
Charleston, West Virginia. The father currently has the boys on alternating weekends
from Friday after he finishes work until Sunday at 7:30 p.m., every Wednesday after he
finishes work until Tuesday morning, and in alternate weeks during the summer. The
custody order includes a schedule for holidays. Thomas and Dereck, will be entering
third grade for the 2001/2002 school year. Cody will be entering the first grade.
Recognizing that the Wednesday overnights the father has with the boys would be
difficult to continue if they live and go to school in Charleston, the mother suggests
replacing that overnight with a schedule that allows the boys to be with their father
every two out of three weekends from Friday after school until Sunday evening. If a
holiday falls on a Monday the father's weekend would be extended to Monday evening.
The mother suggests that the alternating week schedule during the summer be
maintained. She is willing to share transportation. The father is opposed to the mother
moving Thomas, Dereck, and Cody to Charleston, West Virginia, because he does not
want to become "an every other weekend dad." He has been active with the boys and
believes his relationship with them will be hindered if they move to Charleston.
The mother's parents and extended family live in Laurel, Maryland. The boys
-3-
.'
96-4649 CIVIL TERM
are involved with the family. The mother testified that upon separation, she did not
want to stay in Shippensburg, but that she did not have another good alternative.
When she and her current husband decided to marry they examined their current
options. The comfortable four-bedroom home that husband owns is in a residential
area of Charleston, and he has a very favorable six and one-half percent thirty-year
mortgage. The mother and her husband looked into moving into a home closer to
Shippensburg, but could not come close to affording a home that gives them the
advantages of the one in Charleston. By moving to Charleston, the mother's commute
to her job in Hagerstown is reduced by ten miles. She testified that if she were to
receive a promotion, which is possible but not imminent, she would most likely be
transferred to Frederick. The commute from Charleston to Frederick would be
significantly less than a commute from Shippensburg to Frederick. If Thomas, Dereck,
and Cody move to Charleston, they will attend the T.A. Lowery Elementary School,
which is about two and a half miles from where they would live. There is a bus stop
outside the home. The school has an Internet site that allows a parent to communicate
bye-mail with teachers and guidance counselors. It has a website with extensive
information regarding teachers, staff, and facilities.
A determination of the best interest of children is on a case-by-case basis, and is
to be premised upon consideration of all factors that legitimately affect the child's
physical, intellectual, moral and spiritual wellbeing. Alfred v. Braxton, 442 Pa. Super.
381 (1995). In Gruber v. Gruber, 400 Pa. Super. 174 (1990), the Superior Court of
-4-
96-4649 CIVIL TERM
AND NOW, this
ORDER OF COURT
to.... day of July, 2001, IT IS ORDERED:
(1) All prior custody orders are vacated and replaced with this order.
(2) Shawn M. Stoner shall have primary physical custody of Thomas F. Mills,
born April 14, 1993, Dereck Michael Mills, born April 14, 1993, and Cody H. Mills, born
November 23, 1994.
(3) The mother is allowed to move Thomas, Dereck, and Cody to Charleston,
West Virginia.
(4) Troy F. Mills, shall have temporary physical custody of Thomas, Dereck, and
Cody:
(a) During each school year, except as otherwise provided, every
two weekends out of three from Friday evening until Sunday evening, or
until Monday evening if a school holiday falls on a Monday.
(b) In alternate weeks during each summer.
(5) The Thanksgiving vacation period shall alternate each year. In 2001, and
odd numbered years, the mother shall have the children during the entire Thanksgiving
vacation period. In 2002, and even numbered years, the father shall have the children
from after school on the last school day before Thanksgiving until the evening of the
day before school begins.
(6) Christmas shall be in two segments. Segment A shall be from the evening
school ends until Christmas Day at 2:00 p.m. Segment B shall be from Christmas Day
-7-
TROY F. MILLS
RECE:\:E~ t,~S ': 1 :005 }
IN THE COURT OF COMMON PLEAS ~1\
OF CUMBERLAND COlINTY,
PENNSYLVANIA
Plaintiff,
v.
CIVIL ACTION - LAW
NO. 96-4649 CIVIL TERM
SHAWN M. STONER,
Defendant
IN CUSTOIlY
ORDER OF COURT
(- ----
AND NOW. this J)}-- day of ~. 2005. IT IS ORDERED:
1. All prior custody orders arc vacated and replaced with this ordcr.
2. Troy F. Mills shall havc primary physical custody of Thomas F. Mills. born April 14. 1993;
Dcreck Michael Mills, born April 14. 1993; and Cody H. Mills, born November 23, 1994.
3. Troy F. Mills and Shawn M. Stoner shall have shared legal custody of their three minor children.
4. Shawn M. Stoner shall have partial physical custody of Thomas, Dereck. and Cody:
a. During each sehool year. except as otherwise provided. every two weekends out of three
from Friday evening until Sunday evening, or until Monday evening if a school holiday
falls on a Monday.
b. In alternate weeks during each summer.
5. The Thanksgiving vacation period shall alternate each year. In 2005. and odd numbered years.
Shawn M. Stoner shall have the children from after school on the last sehool day before
Thanksgiving until the evening of the day before sehool begins. In 2006. and even numbered
years, Troy F. Mills shall have the children during the entire Thanksgiving vacation period.
6. Christmas shall be in two segments. Segment ^ shall be from the evening school ends until
Christmas Day at 2:00 p.m. Segment B shall be from Christmas Day at 2:00 p.m. until January
I sl at noon. Shawn M. Stoner shall have Segment A in 2005 and all odd years thereafter, and
Segment B in 2006 and all even years thereafter. Troy F. Mills shall have Segment B in 2005 and
all odd years thereafter, and Segment A in 2006 and all even years thereafter.
7.
The parties shall share transportation.
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BY THECO~R/
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TROY F. MILLS
IN TIlE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff,
v.
CIVIL ACTION - LA W
SHA WN M. STONER,
Dcfcndllnt
NO. 96-4649 CIVIL TERM
IN CUSTODY
NAME
CUSTOQYATJPULATION AND AGREEMENT
This Custody Stipulation and Agreement is made this ). I s;- day of V U <. '/ ,
2005, by and between Troy F. Mills, of 109 Cleversburg Road, Shippensburg, Cumberland County,
Pennsylvania 17257, (hereinafler referred to as "Troy") and Shawn M. Stoner, of 42 Barrelhorse Drive,
Charlestown, West Virginia, (hereinafter referred to as "Shawn").
I. Troy and Shawn arc the natural parents of twins, Thomas F. Mills and Dereek Michael Mills,
born April 14, 1993 and Cody H. Mills, born November 23,1994, hereinafter referred to as "the
children".
2. Troy and Shawn were marricd at the time of the birth of the children.
3. The parties arc currently subject to an Order of Court of the Court of Common Pleas of
Cumberland County dated July 10.2001. Said Order of Court is attached hereto. The parties
desire to enter into a modified custody agreement within the jurisdiction of this Honorable Court.
4. None of the parties know of any person not a party to the proceedings who has physical custody
of the children, or claims to have custody or visitation rights with respect to the children.
5. During the last fivc years, the children have resided with the following persons and at the
following addresses:
ADDRESS
DATE
Shawn Mills,
Now known as Shawn M. Stoner
46 Short Lanc
Shippensburg, P A 17257
June '96 to
August 200 I
Shawn M. Stoner
Noel Stoncr
42 13atTelhorse Drivc
Charleslown, West Virginia
July 200] to
Prcscnt.
WeIGLe {;, ASSOCIATes, Pc. .- ATTOHNEYS AT LAW -- I;:!G EAST I~ING 5TRCr::T - SHII"PCNSnURG. P^ 17257.1397
The parties lllrthcr agree that in procuring this Agreement thcre has he,'n no IhlUd, concealmcnt,
overreaching, coercion, Of oLher unlllir dealing Oil the part or the other.
IN WITNESS WHEREOF, thc parties intending to he legally bound hy the terms and conditions
of this Agrcement cxceute this Agreement hy signing hdow.
P(~
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TJ'llY F. Mills
(-AJI\t'MLI1\ ~~'lDJL
Sfmwn M. St(JI1~..~~.i~
I vcrily that the statemcnts madc in this Custudy Stipulation and Agrecmcnt arc tnw and correct.
I understand that lillsc statemcnts hcrein arc made suhject to thc pcnalties of 18 Pa. C.S. Section 4904
relating to unsworn Jillsification to authorities.
Dated:
7;;' j,5
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Trny F. Mills
I verify that the statements madc in this Custody Stipulation and Agreement arc truc and COlTCCt.
J understand that lillse statcmcnts herein arc made subject to the penalties or 18 I'a. C.S. Scction 4904
rdati:lg to falsification to authorities.
Dated:~OS- ~_
~1f1V1ljJ-VnSf1WLU\..--,
Shawn M. Stoner ~
COMMONWEALTH OF pEl\t\SYLVAt\IA
ss
COUNTY OF CUMl3EIU..AND
" n
On this, the 2 I - day of :/ ,,-'1/ ' 2005, bcl'lre me, a Notary Public in and
for said County and State, the undersigned oflieer, personally appeared Troy F. Mills, known to me (or
satisfactorily proven) to be, the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and orlieial seal.
~~ .
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Notary Public
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Notarial Seal
Linda K. Klein, Notary Public
Shippensburg, PA Cumberland County
M Commission Exoires August 15, 2008
-.--- - ... - . ......>..-.....-.--
STATE OF WEST VIRGINIA
(\ SS
COUNTY OF 111 \KJ t 'J( / :
On this, the 31 a day of ALL'; u...'L , 2005, before me, a Notary Public in
and for said County and State, the undersignedl~nker, personally appeared Shawn M. Stoner, known to
me (or satisfactorily proven) to be, the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same !"r the purposes therein contained.
IN WITNESS WHEREOF. I hereunto set my hand and official seal.
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WEIGLE {;o ASSOCIATes. f"C. . ATTOl1:NEY5 AT LAW - 121> CAST KING STREET -- SIIIPPI:NSBUHG, P^ 17257.1397
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Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
TROY F. MILLS
v.
CIVIL ACTION - LAW
NO. 96-4649 CIVIL TERM
SHAWN M. STONER,
Defendant
IN CUSTODY
CUSTODY STIPULATION AND AGREEMENT
This Custody Stipulation and Agreement is made this ). I S;' day of V u l... y ,
2005, by and between Troy F. Mills, of 109 Cleversburg Road, Shippensburg, Cumbertand County,
Pennsylvania 17257, (hereinafter referred to as "Troy") and Shawn M. Stoner, of 42 Barrelhorse Drive,
Charlestown, West Virginia, (hereinafter referred to as "Shawn").
1. Troy and Shawn are the natural parents of twins, Thomas F. Mills and Dereck Michael Mills,
born April 14, 1993 and Cody H. Mills, born November 23, 1994, hereinafter referred to as "the
children".
2. Troy and Shawn were married at the time of the birth of the children.
3. The parties are currently subject to an Order of Court of the Court of Common Pleas of
Cumberland County dated July 10, 2001. Said Order of Court is attached hereto. The parties
desire to enter into a modified custody agreement within the jurisdiction ofthis Honorable Court.
4. None of the parties know of any person not a party to the proceedings who has physical custody
of the children, or claims to have custody or visitation rights with respect to the children.
5. During the last five years, the children have resided with the following persons and at the
following addresses:
NAME
ADDRESS
DATE
Shawn Mills,
Now known as Shawn M. Stoner
46 Short Lane
Shippensburg, P A 17257
June' 96 to
August 2001
Shawn M. Stoner
Noel Stoner
42 Barrelhorse Drive
CharIestown, West Virginia
July 2001 to
Present.
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
6. The parties have reached an agreement with regard to the custody of the children and desire to
reduce their agreement to an Order of Court.
NOW THEREFORE, the parties intending to be legally bound and walVlng their right to
be present when this Agreement and Order are presented and executed hereby stipulate and agree
that the Court of Common Pleas of Cumberland County may enter the following Order of Court in the
above-captioned case:
ORDER OF COURT
AND NOW, this
day of
, 2005, IT IS ORDERED:
(1) All prior custody orders are vacated and replaced with this order.
(2) Troy F. Mills shall have primary physical custody of Thomas F. Mills, born April 14,
1993, Dereck Michael Mills, born April 14, 1993, and Cody H. Mills, born November 23,1994.
(3)
children.
Troy F. Mills and Shawn M. Stoner shall have shared legal custody of their three minor
(4)
Shawn M. Stoner, shall have partial physical custody of Thomas, Dereck, and Cody:
(a) During each school year, except as otherwise provided, every two weekends
out of three from Friday evening until Sunday evening, or until Monday evening if a
school holiday falls on a Monday.
(b) In altemate weeks during each summer.
(5) The Thanksgiving vacation period shall alternate each year. In 2005, and odd numbered
years, Shawn M. Stoner shall have the children from after school on the last school day before
Thanksgiving until the evening of the day before school begins. In 2006, and even numbered years,
Troy F. Mills shall have the children during the entire Thanksgiving vacation period.
(6) Christmas shall be in two segments. Segment A shall be from the evening school ends
until Christmas Day at 2:00 p.m. Segment B shall be from Christmas Day at 2:00 p.m. until January 1st
at noon. Shawn M. Stoner shall have Segment A in 2005 and all odd years thereafter, and Segment B in
2006 and all even years thereafter. Troy F. Mills shall have Segment B in 2005 and all odd years
thereafter, and Segment A in 2006 and all even years thereafter.
(7) The parties shall share transportation.
By the Court,
J.
WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
The parties further agree that in procuring this Agreement there has been no fraud, concealment,
overreaching, coercion, or other unfair dealing on the part of the other.
IN WITNESS WHEREOF, the parties intending to be legally bound by the terms and conditions
of this Agreement execute this Agreement by signing below.
~;<~/
Troy F. Mills
~~4
q~~
I verify that. the statements made in this Custody Stipulation and Agreement are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pac C.S. Section 4904
relating to unsworn falsification to authorities.
Dated:
7;{ 45
cC h YI/{
Troy F. Mills
1 verify that the statements made in this Custody Stipulation and Agreement are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pac C.S. Section 4904
relating to falsification to authorities.
Dated:
f I~ oS-
~
. ,~
,
JUL 1 82001.
TROY F. MILLS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
SHAWN M. STONER,
DEFENDANT
: 96-4649 CIVIL TERM
IN RE: CUSTODY
BEFORE BAYLEY. J.
ORDER OF COURT
AND NOW, this lolJ- day of July, 2001, IT IS .ORDERED:
(1) All prior custody orders are vacated and replaced with this order.
(2) Shawn M. Stoner shall have primary physical custody of Thomas F. Mills,
born April 14, 1993, Dereck Michael Mills, born April 14, 1993, and Cody H. Mills, born
November 23, 1994.
(3) The mother is allowed to move Thomas, Dereck, and Cody to Charleston,
West Virginia.
(4) Troy F. Mills, shall have temporary physical custody of Thomas, Dereck, and
Cody:
(a) During each school year, except as otherwise provided, every
two weekends out of three from Friday evening until Sunday evening, or
until Monday evening if a school holiday falls on a Monday.
(b) In alternate weeks during each summer.
96-4649 CIVIL TERM
~
. (5) The Thanksgiving vacation period shall alternate each year. In 2001, and
odd numbered years, the mother shall have the children during the etitire Thanksgiving
vacation period. In 2002, and even numbered years, the father shall have the children
from after school on the last school day before Thanksgiving until the evening of the
day before school begins.
(6) Christmas shall be in two segments. Segment A shall be from the evening
school ends until Christmas Day at 2:00 p.m. Segment B shall be from Christmas Day
at 2:00 p.m. until January 1st at noon. Mother shall have Segment A in 2001 and all odd
years thereafter, and Segment B in 2002 and all even years thereafter. Father shall
have Segment B in 2001 and all odd years thereafter, and Segment A in 2002 and all
even years thereafter.
(7) The parties shall share transportation.
Johnna J. Kopecky, Esquire
For Troy F. Mills
/
Thomas Trgovac, Esquire
For Shawn M. Stoner
:saa
TRUe COpy FROM RECORD
In Testimony whereof, I hare unto Soll! my nar.o
and the saaj of said CoCl at Carlisle Pa
This 4 ~ ~y. of..;j~ ' . :ko/
. 1q/,,-,.(/ l.t..~
Prothonofafy
."
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this, the 2- I SJ:' day of J ~ , 2005, before me, a Notary Public in and
for said County and State, the undersigned officer, personally appeared Troy F. Mills, known to me (or
satisfactorily proven) to be, the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(~ K /(~
Notary Public
Notarial Seal
Linda K. Klein, Notary Public
Shippensburg, PA Cumberland County
Commission Expires August 15, 2008
. ~-~~,~., "-'~'~"--->--'~~
STATE OF WEST VIRGINIA
COUNTY OF
SS
On this, the 3 (g day of A~~ ,2005, before me, a Notary Public in
and for said County and State, the undersigned(ilfficer, personally appeared Shawn M. Stoner, known to
me (or satisfactorily proven) to be, the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
8 OFFICIAL SEAl
NOTARY PUBUC
c SiATEOFWESTVtRGtNlA
JACQUELYN P. MOLER
. 199 TUSCAWIlLA HIlLS
~ ~/' CHARLES TOWN, WV 2S414
-". MYCOfl\rl'lielionexphlOecemberl1,2013
WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST I",ING STREET - SHIPPEN5BURG, PA 17257-1397
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Plaintiff,
RECEJ'/ED tlUG 212005 d-
IN THE COURT OF COMMON PLEAS ~
OF CUMBERLAND COUNTY,
PENNSYL VANIA
TROY F. MILLS
v.
CIVIL ACTION - LAW
NO. 96-4649 CIVIL TERM
SHAWN M. STONER,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of ~ _ ,2005, IT IS ORDERED:
1. All prior custody orders are vacated and replaced with this order.
2. Troy F. Mills shall have primary physical custody of Thomas F. Mills, born April 14, 1993;
Dereck Michael Mills, born April 14, 1993; and Cody H. Mills, born November 23,1994.
3. Troy F. Mills and Shawn M. Stoner shall have shared legal custody of their three minor children.
4. Shawn M. Stoner shall have partial physical custody of Thomas, Dereck, and Cody:
a. During each school year, except as otherwise provided, every two weekends out of three
from Friday evening until Sunday evening, or until Monday evening if a school holiday
falls on a Monday.
b. In alternate weeks during each summer.
5. The Thanksgiving vacation period shall alternate each year. In 2005, and odd numbered years,
Shawn M. Stoner shall have the children from after school on the last school day before
Thanksgiving until the evening of the day before school begins. In 2006, and even numbered
years, Troy F. Mills shall have the children during the entire Thanksgiving vacation period.
6. Christmas shall be in two segments. Segment A shall be from the evening school ends until
Christmas Day at 2:00 p.m. Segment B shall be from Christmas Day at 2:00 p.m. until January
1 st at noon. Shawn M. Stoner shall have Segment A in 2005 and all odd years thereafter, and
Segment Bin 2006 and all even years thereafter. Troy F. Mills shall have Segment Bin 2005 and
all odd years thereafter, and Segment A in 2006 and all even years thereafter.
7. The parties shall share transportation.
~~
lJrY
Q~: ?SsOCIATEs. RC - ATTORNEYS AT LAW - 126 EAST KING STREET - sHIRRENsBURG. RA 17257-1397
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