The URL can be used to link to this page

Home My WebLink About00-04146 DEBRA MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. ; NO. 00- 'IN (., CIVIL TERM TERRY MILLER, Defendant : CUSTODY RULE TO SHOW CAUSE AND NOW this ----2.k.lJay of June, 2000, upon consideration of the attached Petition for Special Relief, a Rule is entered on Defendant to show cause why the relief requested should not be granted. (],d. at-i;3~ 4./11./ The Rule is returnable at a hearing on the 17iA- day of ~' 2000~in Courtroom No. I of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. By the Court, - Joan Carey, Attomey for Plaintiff LEGAL SEItVICES, INC. 8 Irvine Row Carlisle, PA 17013 Terry Miller 15 EtterRoad Newburg, P A 17240 ('bytes r~NDiy 6io~".v*, L, 'S.. f\KJttc.e mCi.Jd) G'd7. aJ ~~~~'ffi){jl!~Ij'il;;t~IJlIl1i!lil'~~~~~,jjl ,C TT ,,"_ JDlL r ; _ ~.~~_, _ .11":.. ~ , '-<1<>.-. .),.~' i1UL&'- .4- < -'--"- . ~ -,~ . ~ 0 Q Q i= " If :.-;1 ;z r?i;.:! i}S. N '''::'7fn ~tl --.J /39 :>> .~,() ~o .-.". :i: ..4..'-"4 d (:tt" ~ \0 ~') " rn W ~ ....". -< ~Ktl o ,,' _l' "'~,f 'M",',: ," __ ., DEBRA MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS vs. : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 00- L(11..f/.p CIVIL TERM TERRY MILLER, Defendant : CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this _ day of June, 2000, upon consideration of the attached Petition for Special Relief, the following Order is entered regarding custody of Cody Miller, DOB 11112/91, and Mykayla Miller, DOB 3/04/98: I. The Plaintiff, Debra Miller, shall have primary physical custody. 2. The police shall enforce the Order by facilitating transfer of custody to Plaintiff. 3. Defendant, Terry Miller, shall have partial custody of children on weekends from Friday evening to Sunday evening subject to Plaintiffhaving custody four weekends each summer and at least four weekends during the school year upon providing Defendant one week notice before each of her weekends. This order shall remain in effect pending further Order of Court after Conciliation. By the Court, Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Terry Miller 15 Etter Road Newburg, PA 17240 , ,",," _,;--' I ~ !I I I I I I I I 'I :1 rl J I :1 "! ....'"'~ c^' -., ~-_ ",""; -'~i?_j CUMBERLAND COUNTY, PENNSYLVANIA . h ,j :j i~ i1 1:1 Ii: i'" DEBRA MILLER, Plaintiff IN THE COURT OF COMMON PLEAS vs. NO.OO- 'il'l~ CIVIL TERM TERRY MILLER, Defendant CUSTODY PETITION FOR SPECIAL RELIEF f'i , fl 9 Petitioner by and through her attorney, Joan Carey of Legal Services, Inc., represents the following: I. Plaintiff, Debra Miller, hereinafter referred to as Mother, resides at 25 Alters Road, Carlisle, Pennsylvania. 2. Defendant, Terry Miller, hereinafter referred to as Father, resides at 15 Etter Road, Newburg, Pennsylvania. 3. The parties are the parents of Cody Miller, born November 12, 1991. 4. In the past, Father and Mother have agreed that Father would have custody of Cody and Mykayla on weekends, but after such an arrangement, Father returned Mykayla, but refused to return Cody. 5. Mother requests that this Court grant her primary custody of Cody for reasons including, but not limited to, the following: a. Mother has been the primary care taker of Cody since his birth. b. Mother has concerns regarding Father's ability to supervise Cody and about his well being ifhe is in Defendant's primary care for reasons including, but not limited to, the following: . 1. On or about April 8, 1999, the parties' 3-year old child, Gage Miller, was killed by a vehicle in the road outside of the parties' home while Defendant was to have been supervising him when Mother was not home. ii. Father brought Cody to a party, allowing him to be exposed to inappropriate sexual activity between guests and physical fighting between Father and his girlfriend's sister. c. Father has interfered with the bond between Mother and Cody, attempting to alienate him from Mother in ways including, but not limited, to the following: 1. Father has denied Mother all physical contact with Cody. n. Until approximately June 6, 2000, Cody would call his mother at work several times a day; however, while in Father's care, Cody recently told Mother in a phone conversation that he does not like her and is not going to go home because Father said that he did not have to. d. Father has interfered with the bond between Cody and his sister, Mykayla Miller, as the two have lived together since Mykayla's birth. e. Father has endangered Cody's welfare by abusing alcohol in his presence and by operating a truck in an intoxicated state while off- roading with Cody in the truck. Father has called Mother in an intoxicated state to ask for visitation of Cody. . ~' . "';":' I,HI' , WHEREFORE, Mother requests that this Court grant her primary physical custody of the children. Mother further requests that the local law enforcement agencies be ordered to facilitate the transfer of Cody to her custody immediately upon entry of the attached Temporary Custody Order. Plaintiff requests any other relief which is just and proper. Carey, Attorney fo laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 " r. -~" ,,, ~.-' '~" VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: '0-;2 I - 00 D~t~4j)u U~itI~iid~!l~ftJl,i{jil ~ ;.... ~. . II fJi-, , .~~1tM.ii~' '-~V,"oirn-mriilliii ~.(3(L,_ ;,. J _.Ln.~",-,,,,,~ .~.' ~". ~",' " .'~_____ "';, " ~ --~-~" -: -- --.~ ~~~~ ~'G [!} .' " co' ~. 3~~ ,/..:.. ::< c',"."- ~_ - - '~-"'~1I c '""~, 0:) C:.,-, .."', ~. . ~"-'~,". , DEBRA MILLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. TERRY MILLER 00-4146 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 26th day of June ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa F. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, FA 17011 on the 31st day of July ,2000, at 11:15 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. FOR THE COURT, By: Isl Melissa P. Greevy. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 " ~/:J-~ /Cl:J ~p&7'a? kP;'/aJ - --. ,', ,." ~[V"f.'~" l~jLt ,.' U~ .I~_;t ('if': II'" GD,"/r.-i:-.'I"'(1TARY "" ",1" 1 'I" 11",.l.J/!"\l 00 JUN 28 AI1IO: 53 CUMSEfiLAND COUMY PENNSYLVANIA &d-~ ~ ~Xs-. 71~ .u4 ~ ~. t~~~a7/~ ~ ". .~ ~,~ , -~~'" .., ~ . _1If'.,.,.",""""""".........~ _ '", ,., ~.~"""- -~~,~~~~ . , .-,~' . 'J ';', DEBRA MILLER, Plaintiff IN THE COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- '-1140 CIVIL TERM TERRY MILLER, Defendant : CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of ,2000, at .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this carmot 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. By the Court, Date Custody Conciliator 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3 1 66 OR (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. " ~ -~ . '. - "-,-. ~,- DEBRA MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff vs. CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- '1J'It, CIVIL TERM TERRY MILLER, Defendant : CUSTODY COMPLAINT FOR CUSTODY I. Plaintiff is Debra Miller, residing at 25 Alters Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Terry Miller, residing at 15 Etter Road, Newburg, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Cody Miller DOB: l1/12/91 Present Residence 15 Etter Road Newburg, Pennsylvania Age 8 years Mykayla Miller DOB: 3/04/98 25 Alters Road Carlisle, Pennsylvania 2 years The children were born out of wedlock. Mykayla Miller is presently in the custody of Debra Miller, who resides at 25 Alters Road, Carlisle, Cumberland County, Pennsylvania. Cody Miller is presently in the custody ofT erry Miller who resides at 15 Etters Road. Newburg, Pennsylvania. During the children's lifetimes, they have resided with the following persons and at the following addresses: Cody Miller Name Plaintiff; Defendant; Plaintiffs sons, Bradley Adams and Paul Adams. Address 61 Peachy Anne Drive Newville, PA Date Birth to 6/93 ,-"",& Name Plaintiff; Defendant; brother, Gage Miller; Plaintiff's sons, Paul Adams and Bradley Adams Plaintiff; Defendant; brother, Gage Miller; sister, Mykayla Miller; Plaintiff's sons, Paul Adams and Bradley Adams Plaintiff; Defendant; sister, Mykayla Miller; Plaintiff's sons, Paul Adams and Bradley Adams Plaintiff; sister, Mykayla Miller; Plaintiff's sons, Paul Adams and Bradley Adams Defendant; Defendant's girlfriend, Michelle Pantilitis Mykayla Miller Plaintiff; Defendant; brother, Cody Miller; brother, Gage Miller; Plaintiff's son's, Paul Adams and Bradley Adams Plaintiff; Defendant; brother, Cody Miller; Plaintiff's sons, Paul Adams and Bradley Adams Plaintiff; brother, Cody Miller; Plaintiff's sons, Paul Adams and Bradley Adams Plaintiff; Plaintiff's sons, Paul Adams and Bradley Adams .", f1~; Address 25 Alters Road Carlisle, P A Date 5/93 to 3/4/98 25 Alters Road Carlisle, P A 3/4/98 to 4/8/99 25 Alters Road Carlisle, P A 4/8/99 to 9/99 25 Alters Road Carlisle, P A 9/99 to 6/7/00 l5 Etter Road Newburg, P A 6/7 to Present 25 Alters Road Carlisle, P A 3/98 to 4/98 25 Alters Road Carlisle, P A 4/8/99 to 9/99 25 Alters Road Carlisle, P A 9/99 to 6/7/00 25 Alters Road Carlisle, P A 6/7 to Present The mother of the children is Debra L. Miller, currently residing at 25 Alters Road, Carlisle, Cumberland County, Pennsylvania. -~ _-";;f<'<' -~ '''-'-.' "- -;~. ',., ' h'~ She is single. The father of the children is Terry Miller, currently residing at 15 Etter Road, Newburg, Pennsylvania. He is single. 4. The relationship of Plaintiff to the children is that of mother. Plaintiff currently resides with the following persons: Name Mykayla Miller Paul Adams Bradley Adams Relationshi1;J Daughter Son Son 5. The relationship of Defendant to the children is that of father. Defendant currently resides with the following persons: Name Cody Miller Michelle Pantilitis Relationship Son Girlfriend 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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 pennanent welfare of the child will be served by granting the relief requested for, but not limited to, the following reasons: a. Plaintiff has always been the primary care giver ofthe children. b. Since approximately June 9, 2000, at the end of a scheduled visit, Defendant '<<h~~ ~ - ~" '>.c' ~ . r j ~-, returned the daughter, but failed to return the son pursuant to the parties' agreement. c. Since approximately June 9, 2000, Defendant has denied Plaintiff physical contact with her son. d. Plaintiff can best facilitate contact between children and other parent. e. Plaintiff has concerns regarding children's well being if they are in the Defendant's primary care for reasons including, but not limited to, the following: i. Defendant has history of drug and alcohol abuse and has abused alcohol in children's presence, endangering their welfare. Defendant has operated a truck in an intoxicated state while off-roading with the son in the truck. ii. Defendant brought the son to a party where the son was exposed to inappropriate sexual activity between guests and physical fighting between Defendant and his girlfriend's sister. iii. Defendant has not provided adequate supervision for the children. On April 8, 1999, the parties' 3-year old child, Gage Miller, was killed by a vehicle in the road outside of the parties' home while Defendant was to have been supervising him when Plaintiff was not home. iv. Defendant has refused to change the daughter's diapers and take care of her when she was ill. I' ~" ~~ " --"> - ~~&t_c'. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Court to award her primary physical custody of the children with partial custody in Defendant. Plaintiff further requests any other relief which is just and proper. Respectfully submitted, ii an Carey, Attorney for PI tiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PAl 7013 (717) 243-9400 ~ - -',' VERIFICATION I verifY that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated:~CJJ) DD f '~.h.U~~ ~ "-."'" ~-,;,.... ,,- -~-. "< - '.< > ..llll~~""""""'" ~'_-dIWil! - -, i\ll(iiii(~ -",. .,. "0 ~-- -~ , ,.e c' e <~" "1::: ~-'" 1';--, ~~ L.~ OJ, r. -. ~E; .<::. -.,= C) C:i ,',) C..: '"'i"\ -< ......:"i- (!'. '-', - ~ ~- ",-_. " DEBRA L. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No.oo-lJI4lpCMLTERM TERRY L. MILLER, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Debra L. Miller, Plaintiff, to proceed in forma pauperis. I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~~ Attorney for Plaintiff ~" ~ 11\\:11'&'; DEBRA L. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00- CML TERM TERRY L. MILLER, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Debra L. Miller Address: 25 Alters Rd Carlisle. PA 17013 (b) Social Security Number: 207-44-5224 If you are presently employed, state Employer: Garden Cave Restaurant Address: 1564 Sprinl! Road Carlisle. PA 17013 Salary or wages per month: $756/month Type of work: Bartender If you are presently unemployed, state .,- -- .,_ii ~ ,,_' "", , ,'. -"1i:-;' Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: N/ A Other self-employment: delivered papers 2 years $300/wk Interest: N/A Dividends: N/A Pension and annuities: N/A Social Security benefits: N/A Support payments: Order entered but not receiving Disability payments: N/ A Unemployment compensation and supplemental benefits: N/ A Workman's compensation: N/A Public Assistance: N/ A Other: N/ A (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type of work: '1 y" , '''\1; Contributions from children: (e) Property owned Cash: Checking Account: Savings Account: Certificates of Deposit: Real Estate (including home): $30 $183.00 N/A N/A $0 equity there less than year no downpayment Motor vehicle: Make GMC Jimmy Year 2000 Cost 32.000 Amount owed $32.000 S~ks;bonds: N/A Other: N/ A (t) Debts and obligations Mortgage: Rent: $ 1100/month N/A Loans: Car payment $600/month personal loan $70/month Monthly Expenses: Groceries $250: Telephone $100: Electric $100 Cable $30: auto insurance $60: Gas $80: Miscellaneous $50 (g) Persons dependent upon you for support (Wife) (Husband) Name: . >~ .;1 Children, if any: Name: Paul Adams Age: 13 years Bradley Adams 10 years Cody Miller 8 years Mykayla Miller 2 years 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. 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: yu..n # .:JD } 00 jP,j,f1~k Debra L. . r, PI . tiff ~~~~~~~]~' !lr~r.",e..'"" ~bif""'" "<""- co ~~-:;. eVi\' -<=-,.-' 2:r ) C;J , -<:z ~Ci '<'; ",;-'l) s.;~ -.-1 -< ", ~C , ~, \. CJ> , ..., ..., ~ - " " -. ",.~ ,_ '" _-~" - ,'-c".- '''.;.. 11 . ---"'"' DEBRA MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TERRY MILLER, Defendant No. 00-4146 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of July, 2000, upon consideration of the Petition for Special Relief filed in the above-captioned matter, and following a hearing at which the Plaintiff appeared and was represented by Andrea Levy, Esquire, and the Defendant appeared pro se, and pursuant to an agreement reached in open court between the parties, it is ordered and directed as follows: 1. Primary physical custody of the parties' children, Cody Miller (date of birth, November 12, 1991) and Mykayla Miller (date of birth, March 4, 1998), shall be in the mother. 2. Temporary or partial physical custody of the children shall be in the father on alternating weekends from Friday evening at 5:00 p.m. until Sunday evening at 5:00 p.m. Nothing in this order is intended to preclude the parties from arguing that a different scheduled for July 31, 2000. be oW~,~i\!~5'Jlowing }JNno~} n\r~-(lu~~CrMn^ ~ -~'" .'".:-".r 1 l' I which is presen~y 90:!'; Uti 'I'" ('on \.-' !, ,\ t. (', if :-;U permanent custody arrangement should the custody conciliation conference, ;\8Vtc". Hl ,I. . ~ By the Court, J Andrea Levy, Esquire Legal Services, Inc. S Irvine Row Ca~lisle, PA 17013 For the Plaintiff .~ PfUW 7-W-OO R~ Terry Miller, Pro Se 15 Etter Road Newburg, PA 17240 Defendant wcy -,,; ;" ' ~,< ^ ^ '\ \ ~, \: 'f, \"- , f' \},; , DEBRA MILLER, Plaintiff, V. TERRY MILLER, Defendant. ~ '-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-4146 Civil Action - Law In Custody ORDER OF COURT AND NOW, this 17th day of August, 2000, the Conciliator, being advised by Plaintiffs counsel that all custody issues have been resolved by Stipulation of the parties, hereby relinquishes jurisdiction in this case. FOR THE COURT, ~.e c5r~ '7 Melissa Peel Greevy, Esquire Custody Conciliator '-'-- ~ - iI8it;'. \;:- , . 'i , t-, ':; 1 ~" i.........;' :':;1 1 , ~~!i:l ~ ~- L """"",,~_." *"'-<ii!i~:;~~~i1la~~_.............^ =,~,~ -~~""=, ~_ ..; ;...J.' ." ~ ., ~- -, '-j I , J I J I I 0 0 () c 0 -n 7' J> ~ -0'[[; r:::: mrn G') _,:,-'1 Z::TJ z:~~ N ~i~S (f)= 0:1 ..-<<'- t;::-CJ ~o 2-~ -- , 3: ~',(,:(:) >8 S' (::~5"T; z: ___-1 :,.) -"" =< ~:o N .<