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HomeMy WebLinkAbout97-02462 '1 \" \l - - "'l ~ '> '" - ....... "- ~ - . , ") -. c;::) c-i ;; , t-- cr- ~i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAY 1 (. 1;;>J(j9 KELLY 1. MILLER, Plainliff v. CIVIL ACTION - LAW IN CUSTODY MICHAEL C. MILLER, Defendant NO. 97-.;).Y!Qd, Civil Term ORDER AND NOW, this zo'day of t"I?4 '1 . , 1997, upon due consideration of the Custody Stipulation and Agreement entered into by the parties, it is hereby ordered as follows: 1. MOTHER and FATHER have shared legal custody of their child, ALEC. 2. MOTHER shall have primary physical custody of ALEC. 3. FATHER shall have partial physical cuslody of ALEC every other weekend beginning at 8:00 a.m. on Saturday through 6:00 p.m. on Sunday, or as the parties may mutually agree. 4. FATHER shall pay child support to MOTHER in the amount of one-hundred dollars ($100) per month, indexed annually in September for the cost of inflation, for those months in which MOTHER has custody of ALEC. FATHER shall also pay fifty percent (50%) of the costs of child care (presently one-hundred and fifty dollars ($150) per month) to MOTHER for Ihose months in which MOTHER has custody of ALEC. Such payments will be due from FATHER to MOTHER on or before the fifteenth (15th) of each month that MOTHER has cuslody of ALEC. 5. FATHER shall have partial physical custody of ALEC for three (3) months or the duration of ALEC'S summer vacation as determined by the school calendar, whichever is shorter. During the time that FATHER has ALEC over Ihe summer, MOTHER shall have physical cuslody of ALEC on every other weekend beginning at 8:00 a.m. on Saturday through 6:00 p.m. on Sunday, or as the parties may mutually agree. 6 MOTHER and FATHER agree that during the time that FATHER has ALEC during the summer, ~IOTI1ER shall not have to pay to FATHER nor shall FATHER have to pay to MOTHER any sums for child support or costs of child care. MOTHER and F ATHER agree thaI a copy of this Order may be delivered to the Domeslic Relations Office in and for Cumberland County Pennsylvania so thaI appropriate credit may be given to either party towards any child support that they might otherwise owe without any further proceedings being held thereon. 7. Notice of illness shall be provided to a noncustodial parent by 9:00 p.m. the night before custody is to begin if the illness is serious enough to warrant cancellation of a custodial visit. If the parents cannot agree whether the illness is so serious, the custodial parent shall obtain and provide a doctor's excuse to the effect that the visit should not take place. A make-up custodial visit shall take place on a weekend thereafter. 8. Holiday visitations shall be as set forth below, or as the parties may mutually agree: a) The holidays of Easter, Memorial Day, and Labor Day shall be alternated between the parents each year, with MOTHER having Memorial Day in ] 997 and in all odd years thereafter, and F ATHER having Easler and Labor Day in 1997 and in all odd years thereafter. In] 998 and in all even years thereafter, F ATHER shall have Memorial Day, and MOTHER shall have Easter and Labor Day. These holiday hours shall be from 8:00 a.m. the Saturday before the holiday until 5:00 p.m. the day of the holiday, regardless of the usual alternating weekend schedule. b) The Fourth of July shall be alternated between the parents each year, with MOTHER having the Fourth of July in 1997 and in all odd years thereafter, and FATHER having the Fourth of July in 1998 and in all even years thereafter. The holiday hours shall be from 8:00 am. on July 4th until I :00 p.m. on July 5th, regardless of the usual alternating weekend or summer schedule. c) Thanksgiving shall be alternated between the parents each year, with F ATHER having Thanksgiving in 1996 and in all even years thereafter, and MOTHER having Thanksgiving in 1997 and in all odd years thereafter. The holiday hours shall be from 8:00 a.m. the day ofThanksgiving until 8:00 a.m. the following Saturday. d) The Christmas holiday shall be alt.:rnated between the parents each year, with MOTHER having Christmas in 1996 and in all .:ven years thereafter, and FATHER 2 having Christmas in 1997 and in all odd years thereafter. The holiday hours shall begin December 24, 1996 from 12:00 noon, or two hours after the end of school, whichever is later, to December 26 at 12:00 noon. The Christmas holiday schedule shall take priority over the usual alternating weekend schedule. e) The New Year's Day holiday shall be alternated between the parents each year, with FATHER having New Year's Day in 1997 and i'l all odd years thereafter, and MOTHER having New Year's Day in 1998 and in all even years thereafter. The holiday hours shall begin December 31,1996 from 12:00 noon, or two hours after the end of school, whichever is later, to January I at 5:00 p.m. The New Year's Day holiday schedule shall take priority over the usual alternating weekend schedule. t) MOTHER shall have the child on Mother's Day from 8:00 a.m. until 6:00 p.m., regardless of the usual alternating weekend schedule. g) FATHER shall have the child on Father's Day from 8:00 a.l1I. until 6:00 p.m., regardless of the usual alternating weekend schedule or summer schedule. 9. For his weekend and holiday visitation periods, FATHER shall provide transportation to collect and return Ihe child, except during the summer, when MOTHER shall provide transportation to collect and return the child for her weekend and holiday visitation periods. 10. There shall be reasonable telephone access between the child and his parents. 11. Both parties acknowledge Ihat it is in the best interest of the child to remain close 10 both parents and neilher parent shall do anything which may estrange the child from the other parent or which may hamper the free and natural development of the child's love and affection for Ihe other parent. 12. Each parent shall have the duty to notifY the other of any emergency. Each parent shall provide the other with a current telephone number and address for contact. 13. Each parent shall be entitled to complete and full information from any doctor, dentisl, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, and the like Both parents' names shall be lisled as ALEC'S parents with his school. 3 -., ,-.... ....--.-.: ,"", -. -" ! '1 \,""1 ,. .. '.)" , I , " I : h - - ,. r c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY 1. MILLER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MICHAEL C. MILLER, Defendant NO. 97- Civil Term CUSTODY AGREEMENT AND STIPULATION Kelly J. Miller (hereinafter referred to as "MOTHER") and Michael C. Miller (hereinafter referred to as "F ATHER"), desiring to settle issues concerning custody of their child, ALEC MILLER, born December 8, 1994, (hereinafter referred to as "ALEC,") hereby stipulate and agree to the entry of the following as an Order of Court: 1. MOTHER and FATHER have shared legal custody of their child, ALEC. 2. MOTHER shall have primary physical custody of ALEC. 3. FATHER shall have partial physical custody of ALEC every other weekend beginning at 8:00 a.m. on Saturday Ihrough 6:00 p.m. on Sunday, or as the parties may mutually agree. 4. FATHER shall pay child support to MOTHER in the amount of one-hundred dollars ($100) per month, indexed annually in September lor the cost of inflation, lor those months in which MOTHER has custody of ALEC. FATHER shall also pay Iifty percent (50%) of the costs of child care (presently one-hundred and fifty dollars ($] 50) per month) to MOTHER for those months in which MOTHER has custody of ALEC. Such payments will be due from FATHER to MOTHER on or before the Iifteenth (15th) of each month that MOTHER has custody of ALEC. 5. FATHER shall have partial physical custody of ALEC for three (3) months or the duration of ALEC'S summer vacation as determined by the school calendar, whichever is shorter. During the time that FATI1ER has ALEC over the summer, MOTHER shall have physical custody of ALEC on every other weekend beginning at 8:00 a.m. on Saturday through 6:00 p.m. on Sunday, or as the parties may mutually agree. 6. MOTHER and FATHER agree that during the time that FATHER has ALEC during the summer, MOTHER shall not have to pay to FATHER nor shall FATHER have to pay to MOTHER any sums for child support or costs of child care. MOTHER and FATHER agree Ihat a copy of this Order may be delivered to the Domestic Relations Office in and for Cumberland County Pennsylvania so that appropriate credit may be given to either party towards any child supporl that lhey might otherwise owe without dny further piOcceJings being held Ihereon. 7. Notice of illness shall be provided to a noncustodial parent by 9:00 p.m. Ihe night before custody is to begin if the illness is serious enough to warrant cancellation of a custodial visit. If the parents cannot agree whether the illness is so serious, the custodial parent shall obtain and provide a doctor's excuse to the effect that the visit should not take place. A make-up custodial visit shall take place on a weekend thereal1er. 8. Holiday visitations shall be as set forth below, or as'the parties may mutually agree: a) The holidays of Easter, Memorial Day, and Labor Day shall be alternated between the parents each year, with MOTI1ER having Memorial Day in 1997 and in all odd years thereafter, and FATHER having Easter and Labor Day in ] 997 and in all odd years thereafter. In 1998 and in all even years thereafter, F ATHER shall have Memorial Day, and MOTHER shall have Easter and Labor Day. These holiday hours shall be frol1l 8:00 a.m. the Saturday before the holiday until 5:00 p.l1I. the day of the holiday, regardless of the usual alternating weekend schedule. b) The Fourth of July shall be alternated between the parents each year, with MOTHER having the Fourth of July in 1997 and in all odd years thereafter, and F ATHER having the Fourth of July in 1998 and in all even years thereafter. The holiday hours shall be from 8:00 am. on July 4th until I :00 p.m. on July SIh, regardless of the usual alternating weekend or summer schedule. c) Thanksgiving shall be alternated between the parents each year, with FATHER having Thanksgiving in 1996 and in all even years thereafter, and MOTHER having Thanksgiving in 1997 and in all odd years thereal1er. The holiday hours shall be from 2 8:00 a.m. the day ofThanksgiving until 8:00 a.m. the following Saturday. d) The Christmas holiday shall be alternated between the parents each year, with MOTHER having Christmas in 1996 and in all even years thereafter, and FATHER having Christmas in 1997 and in all odd years thereafter. The holiday hours shall begin December 24, 1996 from 12:00 noon, or two hours after the end of school, whichever is later, to December 26 at 12:00 noon. The Christmas holiday schedule shall take priority over the usual alternating weekend schedule. e) The New Year's Day holiday shall be alternated between the parents each year, with FATHER having New Year's Day in 1997 and in all odd years thereafter, and MOTHER having New Year's Day in 1998 and in all even years thereafter. The holiday hours shall begin December 31, 1996 from ] 2:00 noon, or two hours after the end of school, whichever is later, to January I at 5:00 p.m. The New Year's Day holiday schedule shall lake priority over the usual alternating weekend schedule. /) MOTI1ER shall have thc child on Mother's Day from 8:00 a.m. until 6:00 p.m., regardless of the usual alternating weekend schedule. g) FATHER shall have the child on Father's Day from 8:00 a.m. until 6:00 p.m., regardless of the usual alternating weekend schedule or summer schedule. 9. For his weekend and holiday visitation periods, F ATHER shall provide transportation to collect and return the child, except during the summer, when MOTHER shall provide transportation to collect and return the child for her weekend and holiday visitation periods. 10. There shall be reasonable telephone access between the child and his parents. I ]. Both parties acknowledge that it is in the best intcrest of the child to rel1lain close to both parents and neither parent shall do anything which may estrange the child from the other parent or which may hamper the free and natural development of the child's love and affection for the other parent. 12. Each parent shall have the duty to notily the other of any emergency. Each parent shall provide the other with a current telephone number and address lor contact. 13. Each parent shall be entitled to complete and full information from any doctor, dentist, 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I'ENNSYL VANIA KELLY J. MILLER, Plaintiff v. CIVIL A":TION - LAW IN CUSTODY MICHAEL C. MILLER, Defendant NO. 97- 116.). Civil Tenn ORDER OF COURT AND NOW, this \ 4 day of May, 1997, upon consideration of the attached Custody Complaint, it is hereby directecl tho' .~- . e counsel appear before m\~j(, S. '>0(\( . ( (r"ClO reI. -i h t ~squire, the conciliator, at "~Cj "-J. H(\I:, . )\- t'. \.J J '. "\ )n the '\ '\ day of \. \('C ,1997, at. " ';\cc.\ (C0l \ I' C, \\ c. ( ng Custody Conference. at such conference, an effo lU:::; '1 J "c\ e... \~ ':::,) ute; or if this cannot be accomplished, to define am S\'"\C e\-. ,-"c J. ut, and to enter into a temporary order. All childrt ~. ~ \ -\\,e... (~\cd1: conference. Failure to appear at the conference ma) '- \ oC) (\ e '-' _ pennanent order. ,:J \- -L (i(yet' ""en' . " .Lo, r\ b\;-\C\ 0' 01(00 \\. '-' _\\" \ '-... C~i\ 5 ( I c\ . ~ ' ~ n')' . . ~.~ The Court of Common Pleas . .....J' t' reqlllred by Imy to comply with the Americans with Disabilities Act of 1990. For iliformatioll about accessible facilities and reasonable accommodations amilable to disabled individuals hal'illg business before the Court. please coli/act our office. All arrangements 11/ust be 11/ade at least 72 hours prior to any hearing or business before the Court. You 11/ust aI/end the scheduled cOliference or hearing. YOU SHOULD TAKE TillS 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. Office of the Court Administrator Cumberland County Courthouse. Fourth Floor Carlisle, Pennsylvania 17013 (717) 240-6200 d.) During the past five years, the child has resided with the following persons at the following addresses: Dale Address With Whom 12/8/94 to 5/18/96 5157F Robin Court BAFB, CA 95903 (Beale Air Force Base) Plaintiff, Kelly J. Miller Defendant, Michael C. Miller 5/18/96 to 8/18/96 5157F Robin Court BAFB, CA 95903 Defendant, Michael C. Miller 8/18/96 to 11/15/96 3670 Spring Road Carlisle, P A 17013 Plaintiff, Kelly J. Miller 11/15/96 to Present 767 East High Street 2nd Floor Carlisle, P A 17013 Plaintiff, Kelly J. Miller e.) The mother of the child is Plaintiff, currently residing at 767 East High Street, 2nd Floor, Carlisle. Cumberland County. Pennsylvania, 17013. f) Plaintiff is married. She and Defendant are separated with a divorce pending in Cameron County, Pennsylvania, at docket number 96-4737. g.) The father of the child is Michael C. Miller, Defendant, who resides at 3903 Woodhue Place, Alexandria, V A 22309. h.) Plaintiff is married. He and Plaintiff are separated with a divorce pending in Cameron County. Pennsylvania, at docket number 96-4737. 4. The relationship of Plaintiff to child is that of natural mother. The Plaintiff currently rcsidcs with thc following persons: ~:un..: Rl:latiun..Jup Alcc Nicholas Millcr Natural Son 5. The relationship ofthc Defendant to the child is that of natural father. The Plaintiff does not have sufficient knowlcdge to statc as to with whom, if anyone, Defendant currently residcs. 6. a.) Plaintiff has not participatcd as a party or witness, or in another capacity, in other litigation concerning thc custody of the child in this or another court. b.) Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. c.) Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of thc child will be served best by granting the relief requested because: a). The Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; b). The Plaintiff is, and has always becn, willing to acccpt custody of the child; c). The Plaintiff continues to exercise parcntal dutics and responsibilities and enjoys the love and affection of the child; d). The Plaintiff provides thc child with a more stablc and emotionally balanced home and home life than docs the Defcndant; 8. Each parent whose parental rights to the child havc not bcen tcrminatcd and the person who has physical custody ofthc child havc been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child. >: \f'. [., ~t 1- " -::: U'~'-' - , - , 0' ..... '- fCo' "- .. - ., J._O : y~ - 0' ) 0" I -; ,u- - I , :..- 'j u_" .- r :.:.: I.' <- ,\ CJ C' ,.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY J. MILLER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MICHAEL C. MILLER, Defendant NO. 97- .J Y I. 2J Civil Tcrm AFFIDA VIT IN SUPPORT OF PETITION TO PROCEED IN FORMA PAUPERIS I. I am thc Plaintiff in the abovc matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defcnding thc action or proceeding. 2. I am unablc 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 fces and costs is true and correct: a.) IdentifYing Information Name: Kelly Jean Miller Address: 767 East High Street 2nd Floor Carlisle, Pennsylvania 17013 SSN: 205-58-8108 b.) Emoloyment Date of Last Employment: Salary or Wages per Month: Type of Work: 2/25/97 $1,280 ($8/hr; 40 hrslwk) Parts Secretary Lift, Inc. 5610 E. Trindle Road Mcchanicsburg, P A 17055 f.) Dcbts and obligations Mortgage: Rcnt: Loans: Othcr: VISA Child Carc $0 $435 + $75 utilities / month $0 $],500.00 $330/ month g.) Pcrsons dcpcndent upon YOU for suppor! Alcc Miller DOH: 12/8/94 3 >- -=t 0- LJC .' j- , .( 11.,l' 0', . r--l' , .... <i: ~l .. :-j -,... (0" '.'J U,.I" I . __J, . ,- ';!J u:. ~ : ~, .c... F. :... ,. l- ) 0 C' .:.)