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Home My WebLink About00-04890 CATHY JOAN WHITLEY, Plaintiff ~'. ~ '. __'_c", ",-,~ :~-~,!, 0'_". "r' ,c--'s-"t"-,i .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 00-4890 CIVIL CIVIL ACTION - LAW BRIAN K, MILLER, JR., Defendant CUSTODY ORDER ..' AND NOW, this II day of July, 2000, based on the petition for Special Relief, it is hereby ordered and decreed as follows: a. The plaintiff/mother be awarded legal and physical custody of Monica pending a custody hearing, b. All appropriate police departments are requested to enforce this order by taking all means necessary to locate Brian K. Miller, Jr. and the minor child, returning the child to plaintiff/mother, BY THE COURT, f'I'- ~jjjoJli ~~,.~- 'lIiii~(~~Jj.JlIJL iL~MW1~"';'~:li~~fui.m."~f1M~'i<mt:nrllrli rr" ~~'~'.,ill:. - ~<""',',, ~"'~ ~ "" .... ~- ,~ - " , ">~'C ,," "Jfil .. :"-' llilIiIilW ',- - u "'~__ ~ ~ " ~ ~ (') C :? -oci:~ n1r1. Z::U ZiJ: (I)~_,~ -<"~ ~C ~C~ s>~ z ::;! o Cl -,. (') '"'1'1 s: :-.g ',...: ~-c' ~f, :-:CJ 1:"~ r~r~ "" -, "1=~ ':0 -< - ., J) ,~ _c, ,?vJ~~- ,,> . ,~--, . "";.,.,. .,~..~ CATHY JOAN WHITLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (?eOI'C~ BRIAN K. MILLER, JR., NO. 00 - 4PC,O CIVIL ACTION-LAW CUSTODY ORDER OF COURT AND NOW this day of , 2000, based on the petition for Special Relief it is hereby Ordered and Decreed as follows: a. She be awarded legal and physical custody of Monica pending a custody hearing. b. Exel Corporation of York, Pennsylvania be directed to provide all information concerning Brian K. Miller, Jr., that may lead to finding him and the minor child. c. Sharon Miller be directed to provide any and all information concerning the whereabouts of her son, Brian K. Miller, Jr. d. All appropriate police departments are directed to enforce this Order by taking all means necessary to locate Brian K. Miller, Jr. and the minor child, returning the child to Plaintiff/Mother and filing the appropriate criminal charges. BY THE COURT: J. ,," ~'''''E CATHY JOAN WHITLEY. Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- '-11'10 CL.uJ. -r.u- CIVIL ACTION-LAW CUSTODY BRIAN K. MILLER, JR., PETITION FOR SPECIAL RELIEF AND NOW comes CATHY JOAN WHITLEY, by and through her attorney, Judith A. Calkin, Esquire, and avers as follows: 1. The Plaintiff is CATHY JOAN WHITLEY. an adult individual who resides at 53 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is BRIAN K. MILLER, o is unknown. JR., an adult individual whose current address 3. Plaintiff and Defendant are the parents of Monica Miller, born August 10, 1997. 4. Plaintiff has filed a custody petition this date. A copy is attached and marked Exhibit "A". 5. The parties resided together at 53 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania until June ll, 2000. 6. On June 11, 2000, Defendant/Father left home, telling plaintiff Mother that he was traveling to Tennessee with the little girl because there was a potential new position with Excel Corporation in Tennessee. He was working for Exel in York, Pennsylvania on June l1, 2000. 7. Defendant/Father told Plaintiff/Mother that they would be married and all move to Tennessee. 8. Defendant/Father told Plaintiff/Mother to sign a document that Exel said had to be signed for this new position. " _ . L~ -" -.. ~', Plaintiff/Mother signed this document without reading it. 9. Defendant/Father told Plaintiff/Mother that he and the minor child would return to their home in Carlisle by July 4, 2000. 10. In the early morning of July 4, 2000, Plaintiff/Mother and Defendant/Father conversed byE-Mail, wherein Defendant/Father indicated he would not be returning with the little girl to Carlisle. 11. Plaintiff retained the services of Judith A. Calkin, Esquire on July 7, 2000. 12. Plaintiff/Mother believed that Defendant/Father may have been in Manchester, Maryland with his mother, Sharon Miller. She believes this because the E-Mail had been sent from the Manchester, Maryland area. 13. Counsel called Sharon Miller on July 7, 2000, and told her that a CUstody Petition and Petition for Special Relief was going to filed, and that her son should retain the services of an attorney and she was given the phone number of CUmberland County Referral Service. She told counsel that she did not know where her son, Defendant/Father was. 14. Exel Corporation would not give Plaintiff/Mother any information about Defendant/Father. 15. Several hours after counsel spoke to Sharon Miller Defendant/Father called Plaintiff/Mother. He refused to tell her where he and the little girl were, and he said now that she was taking this action, he did not intend to return to Carlisle with the little girl. Clearly, his mother had spoken to him. He "r, further said, "I '11 go to jail for Monica, but I won I t have to. If the cops find me, they won't find Monica. 16. Plaintiff/Mother has been the primary caretaker of the little girl and she can provide for the emotional and physical needs of the little girl. WHEREFORE, Plaintiff/Mother respectfully requests: a. She be awarded legal and physical custody of Monica pending a custody hearing. b. Exel Corporation of York, Pennsylvania be directed to provide all information concerning Brian K. Miller, Jr., that may lead to finding him and the minor child. c. Sharon Miller be directed to provide any and all information concerning the whereabouts of her son, Brian K. Miller, Jr. d. All appropriate police departments are directed to enforce this Order by taking all means necessary to locate Brian K. Miller, Jr. and the minor child, returning the child to Plaintiff/Mother and filing the appropriate criminal charges. Respectfully submitted: 2201 North Second Street Harrisburg, PA 17110 (717)238-2312 '~ ~ -'., , Commonwealth of Pennsylvania: County of Dauphin I, CATHY JOAN WHITLEY, verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Sworn and Subscribed before me this ID day of ~ ' 2000. 0A /lAA- ~A~ Notary Publ~c NOTARIAL SEAL ELLEN ROSENBLOO,M, Notary Public City of Harrisburg, DlIul)bln Coun\Y M 'Comm" Ion Ex ',as Ma 8, 2003 ~~ " " ~- o;.,:.~",.> CATHY JOAN WHITLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW CUSTODY BRIAN K. MILLER, JR., Defendant ORDER OF COURT YOU, BRIAN K. MILLER, JR., Defendant, have been sued in court to obtain primary custody of the child: Monica. You are ordered to appear in~" person at the office of on at o'clock .m. for a conference. If you fail to appear as provided by this Order, an Order for custody may be entered against you or the court may issue a warrant for your arrest. YOU YOU DO NOT TELEPHONE THE LEGAL HELP. SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET CUmberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: Hearing Officer Exhibit ""A" ,-" ii CATH'!/' JOAN WHITLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. BRIAN K. MILLER, JR., Defendant CIVIL ACTION-LAW IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes CATHY JOAN WHITLEY, by and through her attorney, Judith A. Calkin, Esquire, and avers as follows: 1. The Plaintiff is CATHY JOAN WHITLEY, an adult individual who resides at 53 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is BRIAN K. MILLER, JR., an adult individual whose current address is unknown. 3. Plaintiff seeks custody of the following minor child: Monica born August 10, 1997. 4. The child was born out of wedlock. The child currently resides with defendant at an unknown location. 5. During the lifetime of the child she has resided at the following addresses with the following persons: 6/11/00 to present Address unknown Father 12/99 to 6/11/00 53 Buttonwood Lane Mother & Father Carlisle, PA 11/99 to 12/99 " " Mother 11/97 to 1/99 " " Mother & Father Birtl1 to 11/97 " " Mother 6. The mother of the child is Plaintiff. 7. The father of the child is Defendant. ~ "-' ';.;~:! 8. The mother currently resides alone. 9. The father currently resides with the child and unknown others. 10. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other court. 11. The Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Conunonwealth. 12. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 14. The best interest and permanent welfare of the child will be served by granting Plaintiff primary physical custody of the minor child because she is able to provide for the physical and emotional needs of the child. 15. The Defendant/Father left with the minor child for a trip on June 11, 2000. He was to return with the child by July 4, 2000. He has not returned with the child, and his current whereabouts are unknown. ~ -. -- ,,";' 'lit: WHEREFORE, Plaintiff requests the Court to grant her legal and physical custody of the minor child. Respectfully submitted: th A. Calkin, Esquire orney for Plaintiff 2201 North Second Street Harrisburg, PA ~7~~0 (717) 238-2312 '" ,'" '''''''''''~''''''-I:!l''.t'J!!l_~'-'-'''~"ma.i''Ih1iIIIiw~~~w....JM~~lMlIJlMOC ~ - lfil......i-.~"""" ,~~~ ~..,..liIil_lIIii' - () c:: -J~ m'-t.I.} . r- - ~, 2'" ~S~~- ;:$ ':;i:~ ..,-c/ p ZC:: ""n -e" :z =< - , .HIil'-. o C) '- ~ (') -,"J '1,=rJ :.~'" ::t:: 'i~-' -, ("1 ; ! jC;- 9 :" a . '1 _~_, (~~5 l~~~1 -- ,,' .d". J] -< 1,- _~_"., "'''~ , CATHY JOAN WHITLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA PLAINTIFF V. BRIAN K. MILLER 00-4890 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 12TH day of JULY ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suitel05,CampHiU,PA 17011 onthe 8TH day of AUGUST ,2000, at 9:15 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. Esq.lJ) 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 y;". ',_ ~~,c~~~_,~_"o.~~_, "-0-0_' , Ii Iii ii Ii I, i:1 !:i !!l II !j Ii I' ,-~ "' ,,.---, , """ .-", ",- ~ _~, -,"- ',cC ,__', ~_'C'~' , .;,'",'., {,;- 1')1- Oil .li,I,,1 1'-' p'" J') :..; ~ ~ -- 0 ~ fj I....: h 2 ('u'n'"' , ',vlt>t:i\Li\'~[j U)UNTY PENNSYLVN~A 7-/3a:J d0(~~~ 4. dv~ 7-1] -t9!J '7l~ ~ ~~- 7-/3.0{) ~, ~ ~ 4 ~ "" " _r. . " .' '-~_'" _.~ ,,-; _1- -_.~--~.~~ ,'~- lllR~~'ffl'~7WJ\'!l.''WViffl1I'''f!IlfW1f~,!,Jli!l'i!/~''~"j\~~I!fJ~''''''!~~'i!'l!~r.""""".... "' - ~ -":'. .' CATHY JOAN WHITLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 4'590 Ci.d CIVIL ACTION-LAW CUSTODY BRIAN K. MILLER, JR., Defendant ORDER OF COURT YOU, BRIAN K. MILLER, JR., Defendant, have been sued in court to obtain primary custody of the child: Monica. You are ordered to appear in person at the office of on at o'clock .m. for a conference. If you fail to appear as provided by this Order, an Order for custody may be entered against you or the court may issue a warrant for your arrest. YOU YOU DO NOT TELEPHONE THE LEGAL HELP. SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR OFFICE SET FORTH BELOW, TO FIND OUT WHERE YOU CAN GET CUmberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: Hearing Officer .""" ,- ."" ."~- '__C___ CATHY JOAN WHITLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No.06-l.j ~9() Gu-d BRIAN K. MILLER, JR., Defendant CIVIL ACTION-LAW IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes CATHY JOAN WHITLEY, by and through her attorney, Judith A. Calkin, Esquire, and avers as follows: 1. The Plaintiff is CATHY JOAN WHITLEY, an adult individual who resides at 53 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is BRIAN K. MILLER, JR., an adult individual whose current address is unknown. 3. Plaintiff seeks custody of the following minor child: Monica born August 10, 1997. 4. The child was born out of wedlock. The child currently resides with defendant at an unknown location. 5. During the lifetime of the child she has resided at the following addresses with the following persons: 6/11/00 to present Address unknown Father 12/99 to 6/11/00 53 Buttonwood Lane Mother & Father Carlisle, PA 11/99 to 12/99 " " Mother 11/97 to 1/99 " " Mother & Father Birth to 11/97 " " Mother 6. The mother of the child is Plaintiff. 7. The father of the child is Defendant. . i,-",' , , ..". .;. ";;[[,; 8. The mother currently resides alone. 9. The father currently resides with the child and unknown others. 10. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the cuscody of the child in this or any other court. 11. The Plaintiff has no information of a custody proceeding concerning che child pending in a Court of this Conunonwealth. 12. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 14. The best interest and permanent welfare of the child will be served by granting Plaintiff primary physical custody of the minor child because she is able to provide for the physical and emotional needs of the child. 15. The Defendant/Father left with the minor child for a trip on June 11, 2000. He was to return with the child by July 4, 2000. He has not returned with the child, and his current whereabouts are unknown. . WHEREFORE, Plaintiff requests the Court to grant her legal and physical custody of the minor child. Respectfully submitted: I J ith A. Calkin, Esquire torney for Plaintiff 2201 North Second Street Harrisburg, PA 17110 (717) 238-2312 , , Conunonwealth of Pennsylvania: County of Dauphin I, CATHY JOAN WHITLEY, verify that the statements made in this CUSTODY PETITION are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~~ Sworn and Subscribed before me this /0 day of J""1 ,2000. f{,{AAJJ Notary {(4t4l~ Public , NOTARIAL SEAL ELLEN ROSFNl3l00M, Notary Public C of Harrlshi.l'(I" O~.uphin County "n i 8M 82003 TiM'tJ~~' ". ~- -~""'" ~"='''''''~;lli!aillIliAWJj~\Olj!~~-",,''-~~''''''''~'""'' ,."",. -".~",~,.,,~.!,-''''''''' '" ,,> -," '...~^ ',.,^ . "^,,.. ,. -'0IHIb. uu__ 0 CJ C; C C} _.~._~ ~: '- -0 rr: r- f11 r~^\ r:;;::: l"" Z "1; Zi" ,. ~J ~~:: r;: CJ ;~,~ ~() );;t;t -.;..1 -'-'~ -_i; C) );>0 9 l-n C ;.-.J Z .:'11 ~ ~ ~ <;::) -< .~ -.- . -