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HomeMy WebLinkAbout98-00404 , ;). j ~. (), ~: , , Ii ~ ~ ~ ....... ".. .~ ..,,~ ::? . "",.".l~ ..f!l ~i;,:%_, n \' u '~ ~ :" ~ .~ cS ::;.. ~ . ~ ~ ."; DWAYNE N. MCMILLEN, PLAINTIFF V, GRETCHEN M. NOLL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AND NOW, this 9B.0404 CIVIL TERM ORDER OF COURT -Zlo'l.~ day of March, 199B, this court following an evidentiary hearing in a concurrent case, having denied a petition to involuntarily terminate the parental rights of Dwayne McMillen to his daughter Alexandra D, Sultzaberger, IT IS ORDERED: (1) The conciliation conference scheduled in the within companion custody case for before Michael Bangs, Esquire, March 5, 199B, at 4:00 p.m" IS CANCELLED. (2) The referral for conciliation, IS CANCELLED. (3) A hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on Wednesday, March 25, 199B, at 3:00 p.m., to take any further evidence necessary to resolve this custody case, after which an appropriate order will be entered. (4) The mother, father, and their attorneys shall personally meet for a four-way conference prior to March 25, 199B, in an effort to stipulate to an order even if the mother pursues further relief from the decree nisi entered in the involuntary termination case, \ , ~.. (-) , 0 f-~- :'J 0 01 --,; 0_... ~:P': , ,.., J ,.,:2] I j'- ','In I"~ .' ".' :.,\,:} ", , . ~ia .. '. , . .:":::r, ;' \ .!J ~:.) "::") " " -. , ;;":.,r -,,~ '-'7 :':~1 -,~ ."' .. /,1' , By the Court, ) ,,/ ~~7/(;1 Edgar B, Bayley, J. Mary Etter Dissinger, Esquire For Plaintiff C1~ rncC\.'J.,;l-'-y -;b..... CI.lwct, A.~ Barbara Sumple-Sullivan, Esquire For Defendant :saa i .1 , I jl ~ " I ~ . , " II J I; , (:1 \ " " r , i i I , j. i I, ,~' , . i. I.~. DWAYNE N. MCMILLEN, Plaintiff IN TilE COUR'l' OF COMMON PLEAS OF CUMBERLAND COUNT'i PENNSYLVANIA VB. GRETCHEN M. NOLL, Defendant CIVIL ACTI9N - LAW, ./ NO. CJJ.\'- f{{,4 ('.Ul.t.L_ CUST0DY ORDER OF COURT AND NOW, \ I ,-)C-', I q :::-:: , upon consideration of the attached complaint, it iB hereby directed that the partieB[.~nd their respective counsel appear b~fore ~\\'h(\-e-\ l ~-~(TV1<, 1""',(\ " the conciliator, f1.t '\(~.\., , ill' "S~, ~( fY":\:' J"'I/ll'9n the \ "') day of I-I(\( Y '\ , 1998, at L.\,,(~C) -e:.m., 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, 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 by made at least 72 hours prior to any hearing or business before the court. You must attend scheduled conference or hearing. 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ~ Ii I I' . . I I I I I I ~ I", I ,. I ; I. i" i I \ 'M' DWAYNE N. MCMILLEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA VB. . . . . CIVIL ACTION - LAW NO. CUSTODY GRETCHEN M. NOLL, Defendant NOT ICE T 0 D E FEN D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. Court Administrator Cumberland county Court House Fourth Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 C-,/-" /") rY'~ -;(1~' c." (;'v('. . Ma y A. ~tter Dissinger, Attorney for Plaintiff Esquire I, [ > r' , , Ii I' I' , DWAYNE N. MCMILLEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. GRETCHEN M. NOLL, Defendant CIVIL ACTION - LAW NO. '7 J. lJO'1 Cll',dT:t,.~ CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Dwayne N. McMillen, residing at 321 Second Street, West Fairview, Cumberland County, Pennsylvania. 2. Defendant West Fairview, is Gretchen M. Noll, residing at 538 Third street, Cumberland County, Pennsylvania. 3. Dwayne N. McMillen seeks joint legal and partial physical custody of the following child: Name Alexandra D. Sultzaberger Present Residence 538 Third Street West Fairview, PA Age 5 4. The child was born out of wedlock. 5. The child is presently in the custody of Defendant, Gretchen M. Noll, who resides at 538 Third Street, West Fairview, Cumberland County, Pennsylvania. 6. During the past five years, the child has resided with the following persons at the following address: Persons Address Gretchen M. 538 Third Street (Sultzaberger) Noll Fairview, PA Terry Sultzaberger, Sr. Grace Sultzaberger Terry Sultzaberger, Jr. Dates Birth to Oct. 1997 j : \,'., II ~.' ,) ) (:,.,,' [Ii I. ., f.", " ~I ! l I , ' 1.... i..\ i i I .,' j J I' I [I '1 i I ~ :IIi ,I ; " ! 'j , " ,J . I , } , 'I"": . , i i I, " , , 15. 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. 16. The best interest and permanent welfare of the child will be served by granting Plaintiff joint legal and partial physical custody because it would benefit the child to have a relationship with both natural parents. 17. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests the Court to grant joint legal custody and partial custody of the child to him. Respectfully Submitted: DISSINGER & DISSINGER L~~ ~:~~ Mary A. Etter Diss~n er, Esre Attorney for Plaintiff Supreme Court I.D, #27736 28 North 32nd Street Camp Hill, PA 17011 (717) 975-2840 " " ,; VERIFICATION I verify that the statements made in the Complaint for custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. 11~~ Dwayne N. . AI. --114 'rtt.d.. McMillen, Plaintiff f, ~ .~:;..:\..!:~,:.~;':, DWAYNE N. MCMILLEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. GRETCHEN M. NOLL, Defendant CIVIL ACTION - LAW NO. CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Defendant, by First Class United States mail addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Date: MaryA. Etter Dissinger, Esquire .. DWAYNE N. MCMILLEN, Plaintiff I U 'l'lm COUH'I' OF COMMON PLEAS 01" CUMIlEHLAND COUN'l'Y I'I~tlNf.lVINANIA VS. GRETCHEN M. NOLI" Defendant CIV[J, AC'l'ION - LAW NO, !lB-404 cuu'rollv AFFIDAVIT OF HAILING COMMONWEALTII OF PENNUVINANIA au , , , , COUNTY OF CUMBERI,AND Mary A. Etter Dissinger, Esquire, the attorney for Plaintiff, being duly sworn nccording to lllW, snys that she mailed by certified, restricted mnll, return receipt requested, a true and correct copy or plllintirr's Complnlnt for custody in this action to the Defendant at her residence, nnd thnt Defendant did receive same as evidenced by the signed receipt attached hereto as Exhibit itA". '----;y- ii Jff,~ ,Y7t c'...... . (J/l- '. 'Mnry A. Etter Dlsslnger Attorney for Plaintiff 28 North J2nd Street cnmp lIill, PA 17011 717-975-2840 Sworn to nnd subacribud before me th lEi If<. -II, dllY of ,c;,,/:w''''';J ,19911, I 0.l:-u"i!"''' c'. '';''/LLCrt1:j./_ I t.lOtll ry Pub lie (/ , ';''''" , ., -I, r ".~ CNF::X";:I',':.\ ,,' ',," ..,'r,)!."( C~.' ,) ~. j \0" . t ' . ,.' I :"'1 "'/Conr..!.,;..I',~. ,;t.':- ';.:\,:,~~' - .~~ . () \0 0 ~ 0) -., ..., :::J -r!nl fT1 1_ :tJ n~nl c:J n'r=- ;:-:::lj 3lE9 ;~: C' ...... .'..J . ~'!::" 06 -I' ~~~.; ?; 'T:B ..-., -'-- 0.0 j:Fl \0 (5111 -I .', .,) ;>> :;3 ~ .. 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(I ',. ~ .- ,. /. - ., DWAYNE N, McMILLEN, Plnillliff : IN TilE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : 9!l.1l4114 CIVIL TERM GRETCHEN M, NOLL, Dcrendnnt ORDER AND NOW, this day of March, 1998, upon consideration of the Petitioner's Petition for a Continuance, same is hereby granted, Petitioner shall complete all necessary evaluations within 120 days of the date of this order and the mailer shall be listed for hearing at that time, Pending same, the status quo for visitation shall be maintained, J, Bayley ~l"1llq'tl, g. ,., / '- QA;V\~~. "\\-9-. V\;L,O~ I( 11'- h ~I&. '1+ 60J.chll\l\.lL-tCv4r..-. &1 ~~ ~ ~.tv ~~ , ~ AAJI~I IQ \~ (; VV--. ~ .~ c.A--)>" ,~I~J r, DWAYNE N. McMILLEN, Plaintiff : IN TI-/E COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : 98-0404 CIVIL TERM GRETCHEN M, NOLL, Defendant MOTION FOR CONTINUANCE I. By order dated March 2, 1998, the Court scheduled a custody hearing in the above captioned mailer for March 25, 1998, 2, No compelling reason exists by which to expedite this process and avoid the conciliation process, 3, Petitioner, Gretchen Noll, asks that the hearing be continued so as to allow for her completion of a custody and psychological evaluation of the Respondent and the child, 4, No visitation should be commenced pending a completion of this evaluation and the impact on the child, 1998, 5, No evaluation can be completed prior to the hearing scheduled for March 25, WHEREFORE, Petitioner requests the hearing scheduled in this mailer be continued .- pending completion of the necessary psychological evaluations. Petitioner requests no contact occur with the child until completion of the custody evaluation and the child's pyshcological status occur, DATE: 3\9 \9g ~.~':/' ,. . ,. . / // ~~ ~ / Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D, 32317 Attorney for Petitioners J DWAYNE N. McMILLEN, PllIintiff : IN TilE COURT or COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : 98-0404 CIVIL TERM GRETCIIEN M, NOLL, Defendllnt CERTIFICATE OF SERVICE I. BARBARA SUMPLE.SULLIV AN. ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Motion For Continuance, in the above.captioned mailer upon the following individuaI(s), by United States first- class mail, addressed as follows: Mary A, Dissinger, Esquire 28 North 32nd Street Camp Hill, PA 17011 . \ . I DATE: ~ Barbara Sumple-Sullivan. Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D, 32317 Attorney for Petitioners I I \..; ii I' '.~ t f I I vs. : IN THE COURT OF COMMON PLEAS : of CUMBERLAND COUNTY : PENNSYLVANIA CIVIL ACTION - LAW NO. 98-404 CUSTODY \' , , I DWAYNE N. MCMILLEN, plaintiff ORDER i ' :1., I' . \' , l/f I ., I .' 'i) / : IE! \ ! : ( .. i ., GRETCHEN M. NOLL, Defendant AND NOW, this day of March, 1998, upon concideration of plaintiff's Response to Defendant's Motion for continuance, Defendant's Motion for continuance is hereby DENIED and the order of March 2, 1998 scheduling the hearing for March 25, 1998 is still in effect. BY THE COURT, J. DWAYNE N. MCMILLEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 98-404 CUSTODY VS. GRETCHEN M. NOLL, Defendant PLAINTIFF'S RESPONSE TO MOTION FOR CONTINUANCE AND NOW comes the Plaintiff, through his attorneys, Dissinger and motion for continuance as follows: Dwayne N. McMillen, by and Dissinger and responds to the 1. By order of March 2, 1998, the Court directed the parties and their counsel to meet to resolve the issues prior to the March 25, 1998 hearing. 2. Plaintiff's counsel contacted Attorney Sullivan, counsel for Gretchen Noll, and Ms. Sullivan wanted to schedule the conference shortly prior to the hearing date. 3. Counsel agreed to have their conference on March 12, 1998 at 3:30 p.m. 4. On March 6, 1998, Plaintiff's counsel faxed to Defendant's counsel a proposal to resolve the issues and work into standard overnight alternate weekend visitation in seven to eight weeks from the date visitation would be commenced. The proposal also proposed joint legal custody of Alexandra. 5. On or about March 9, 1998, Defendant, through her counsel, filed a motion for continuance of the custody hearing, and in the involuntary termination matter filed a motion for post-trial relief. I I \ , " I i ,I , '. I , ~ ~..; j i " ~! " 'i , I I I. f! \ 1-'. ..~~ , I I , II 16. Plaintiff believes that given these actions and the evidence : in the termination proceeding of Defendant's efforts to thwart and !refuse every request Plaintiff had sought to be with the child, a conciliation conference would merely prolong the inevitable. 7. since March 9, 1998, Plaintiff has spoken with Defendant and requested they meet without benefit of counsel to discuss custody and visitation, and Plaintiff requested Defendant meet with him on March 5, 1998 after her work hours at his place of employment for that purpose. Defendant listened to Plaintiff but refused to respond to his requests either affirmatively or negatively. The evening of March 5, 1998, Plaintiff waited at his place of employment, and Defendant failed to call Plaintiff and failed to meet with him as he requested. 8. There is a compelling reason, therefore, to expedite the process to assure that the Plaintiff is not continually thwarted in his efforts to see his daughter. 9. By the testimony of the parties, the last contact Plaintiff had with his daughter was sometime in July 1997. Since the petition for involuntary termination of his parental rights was filed in early November 1997 and he was refused all contact with the child by the Defendant and her family, the time periods that have elapsed since his last contact with the child have been very brief and there is no necessity for any kind of evaluation as to the impact visitation would have on the child, particularly in light of the fact that for the first three years of her life, she had daily contact with him and for the last year and a half, more or less, she has had regular, but infrequent, contact with Plaintiff, who according to the record in the involuntary termination proceedings were pleasant and typical parent/child encounters. ( I t ". WAYNE N. MCMILLEN, plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA vs. . . : CIVIL ACTION - LAW NO. 98-404 CUSTODY " ~' " ,. J I 1 RETCHEN M. NOLL, Defendant CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Defendant, by First class united States mail addressed as follows: Barbara sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Date: 310- fZ,P' '--7;1?.\.~~ Cl/J1~L--A----. Mary A. Etter D~ss~nger,Esquire ~ , ~ DWAYNE N. MCMILLEN. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. GRETCHEN M, NOLL. Defendant 98-0404 CIVIL TERM IN RE: CUSTODY ORDER_QF_~~URI AND NOW. this 26th day of March. 1998. following a hearing on the merits. and upon relation by the father and mother that the father. Dwayne N, McMillen. has for the last two weeks been seeing his daughter, Alexandra D. SUltzaberger, born April 3, 1992, for one evening each week for a period of two hours in the home of the mother. Gretchen M. Noll, IT IS HEREBY ORDERED: 1. Primary physical custody of Alexandra D, Sultzaberger is awarded to the mother. Gretchen M. Noll. 2. The father, Dwayne N, McMillen, shall have visitation and temporary physical custody of Alexandra on the following schedule: A, Each week starting the week of Monday, March 30. 1998. for one weekday evening for two hours in the mother's home, The days to be set by the parents, B. Each week starting the week of Monday. April 13, 1998, for one weekday evening with the father in his home or in West Fairview for two hours without the mother being present, The days to be set by the parents. C. Each week starting the week of Monday, May 11, 1998. each Friday evening from 6:00 p,m, until Saturday at 7:00 p.m, in the father's home, The father may take Alexandra outside of West Fairview during these periods. D, Each week starting the week of Monday, June 8, . .r" 1998, (1) one weekday evening each week with the father without the mother being present from 6:00 p,m. to 8:00 p.m, The days to be set by the parents. (2) on alternating weekends (the first starting on Friday, June 19.1998). from Friday evening at 6:00 p.m. until Sunday at 6:00 p,m, E, The parents sholl agree to 0 time for the father to see Alexandra on her birthdays and each Christmas, F, Starting in the summer of 1999. the father sholl hove Alexandra for one full week each summer, The dotes for this period of temporary physical custody sholl be determined by the parents not later than the end of each school year, G, At such other times os the parties may agree. Edgar B. BaYley.~. Barbaro Sumple-Sullivan, Esquire For Plaintiff Mary A, Etter Dissinger. Esquire For Defendant - C!~a.- ('7H~<< 3/~t,/ fjK. cJ.61 , :prs ..~; I. " , , i. r'II.W-OFFICF. 0" T"'- ;:,:,.,r' ,,,,.,~!T\ny I ' ,t.', ','. jf'n i -/ , I j -/ I I I 9R l'l~fl2G Pil:-l: ~O CUI l",'~,..; ,~- '. -', (/'1 i:.rry nll~.., I._ _,I"J ,"oj'..'" I PE1\I~J:)) i.Vf<'~L\ I I I ! I Ij 1/ /.' I. t' P I " I .... .. ..... ;i.