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HomeMy WebLinkAbout98-03308 \ , , ~ - - <f VI > , ~~ '- \ ~ \ \, \ \ \ ) r .... ~ - . ' :J ,\0 " "\~. '~'$~.":'.;, ,~'1'k:' '. . '.';""'- . '~"";.'" ~ ~ ,~:jI f. ~. ,~.,." '," I,.' ""'<'l~';~' 10. .,~ '.......', '" ~ ". J . 'I'~ ~ .' ,t, o!-' '.j : < 'l- . ".J ~ . ,.'. 1<.\~I~~. ;'",".,.'~ ti <t', ;J<'n ' 'r' . .t' ~'.'.'...." '~ ... 'f '(~'~ /. ~. . ,) 'IN~-::'41'.. : .~h,y.;. .,~ . . 7 ~. ... !o,......'..' --. \ .,.1'1.' , .,~ .', ~. :11.., -i. .,'~ " {. /"" .~ <l I(~~,..~ ". ' 1'. y.e . v " . . , ~, ..... " .,.4-' .~~ If: . .:<<&1 i .' ,.' ~ "~ '. ~ , .~ .. ' \ f~~. '.... I ... .". ,.". . , RUSSELL A. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLV ANIA NO. ~ S . 33C~ C~&:J CIVIL ACTION. LAW IN CUSTODY v. JUDY MILLER. Defendant ORDER AND NOW, this day of , 1998, upon consideration of the attached Petition for Emergency Relief, it is hereby Ordered that an expedited custody conciliation conference is scheduled for , 1998, at .m. at , before Additionally, the Father of the child, Russell A. Miller, shall be granted temporary physical custody of the child until the conference is scheduled and custody adjudicated. BY THE COURT: J. RUSSELL A. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLV ANIA v. NO. 98-3308 JUDY MILLER, CIVIL ACTION - LAW IN CUSTODY Defendant PRAECIPE TO WITHDRAWAL EMERGENCY PETITION Please withdraw the Petition for Emergency Relief filed on behalf of the Plaintiff on June 12, 1998, in the above captioned matter without prejudice. Respectfully Submitted, BV' ''?if" ~ Barbara J. 2650 Nort Third Street Harrisburg, PA 17110 (717) 238-2200 Attorney ID. #60731 ATTORNEY FOR PLAINTIFF Dated: RUSSELL A. MILLER, Plaintiff IN THE COURT OF COMMerll PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA v. NO. flt. 33CJe t~J CIVIL ACTION - LAW IN CUSTODY JUDY MILLER, Defendant ORDER OF COURT AND NOW, this \ \.,., day of ,J l,,-c.., ,1998, upon consideration of the attached complaint it is hereby directed that the parties and their respective counsel appear before \v\\C"-n"'C"\ l, Po:p-' Esquire, the Conciliator, at j:)cl<::', \~.\"\S.\-,) ~rr,~~~\ \ , Pennsylvania, on . the \?\ day of A..j \ }~...A- , 1998, at \ \ . O( ) o'clock, (l. .m., for a Pre-Hearing Conference, At sucll 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 a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By--.JII~~ 1~~~ Custody conciliatorC-n: ,\,.J>,) 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 1 COURTHOUSE SQUARE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 proceeding concerning the child pending in a court of this Commonwealth. 14. Plaintiff and Defendant do 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. 15. The best interests and permanent welfare of the child, Nicholas L. Miller, will be served by granting the relief requested, ir1Nr.illig, because the Plaintiff Father has been one of the child's primary caretakers. 1 6. Each parent whose parental rights to the child have not been terminated and the persons who have 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. Name Address Basis of Claim NONE 17. Plaintiff has been advised of the requirement to attend the Seminar For Separating Parents and of the Program Description set forth in Local Rule 1930. 18, Defendant will be provided along with this Complaint a copy of the Order requiring attendance at the Seminar For Separating Parents set forth herein and Program Description set forth in Local Rule 1930. .., ,,,,,,, ,,) ~- (- - j-1M " j::-. l .. 1..l1~":' ':\..: (,) ;" f.'t": .~ (..... U~ ,. 0 r CTI , Cl!": U_,I.. =! ~.~ .. '-'- , , r::-: . ~'j It. 'C,') C> ("~ (j 8. Need Cor indepcndent psychological evaluation or counseling: None requested and the Conciliator docs not bclicvc any is neccssary. Date: September 8, 1998 7Lc Michael L. Bangs Custody Conciliator ., ..... ro, r tr; -~ ~.. .- t<t~ .. , :-) . ,-. ,~ :...: , . 1.1.1:' C); - , .' c:>. l;'" . ~~ ~-:5 \~~:, . " -'1 0') CJ:'~ '/ U\u. C'-~ ;~c -...1 .- ".1 LU ," , c: (1. ,"- .i ~~:~ \_.: C\ u_ (':"': ~:l <..:; c;~ 0 RUSSELL A. MILLER, Plaintiff / Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98. 3308 CIVIL v, JUDY MILLER, Defendant / Respondent CIVIL ACTION. LAW IN CUSTODY ORDER AND NOW, this !-of ~ day of~h , 1999, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before M~~~ \ L. l?,c.~ ' Esquire, the Conciliator, at ~ l'>:',1. ~, l%1\-. S~_ (o.,,,,,p It; II ,Pennsylvania, on the ~l"(\ day of _~i I. ' 1999, at q,OD o'clock,,SL.m, for a Pre-Hearing Conference. At such a 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 five or older may, at the request of either attorney or party, be present at the Conference, Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order, FOR THE COURT: ~~/l~~~A ~, Custody Officer C/ ~/ 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 1 COURTHOUSE SQUARE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ..."'~''''''''''''_ _"',,"'__~r...~'''--'''''' ,.. RUSSELL A, MILLER, Plaintiff/Pctitioncr IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYL VANIA NO, 98 - 3308 CIVIL v. JUDY MILLER, CIVIL ACTION - LAW IN CUSTODY Dcfendant/Respondcnt PETITION TO MOI>IFY CUSTODY ORDER I. Petitioner is an adult individual currcntly residing at 17C West Grant Avenue, Woodstown, NJ 08098 2, Respondent is an adult individual currently residing at I I A Front Street, Shiremanstown, P A 170 II. 3. On September I 1,1998, following a custody conference, this Court entered an Order providing for the custody of the minor child, Nicholas 1. MilIcI', born September 1 I, 1996. A copy of the Order is attached hereto as Exhibit "A", 4. Since the date of the Order, the Petitioner has experienced difficulties with the transportation provisions of the Order, and would like to have them modified, 5. The Order did not specifically address holidays or other opportunities for extended visits, 6. The Respondent has failed to provide the Petitioner with an adequate means of contacting her in the event of emergency or change of schedule. WHEREFORE, the Petitioner respectfully requests that the Custody Order entered in the 11, 1998. He indicates that he is not able to follow the Order because of the distance involved. Father lives in New Jersey currently, He has no license. His proposal is that the Order be modified so that he gets one week out of four. He also wants to have the transportation shared and finally, he wants his mother or sister to pick up the child. Father also indicated that he has some health problems. Apparently, he received chemical burns while he was in jail and may have throat cancer. He indicated that he has not followed through with the existing Order because of the conflict in the time and his inability to pick up the child as scheduled. 6. The Defendant's position on custody is as follows: The parties have separated in 1997 and for a period of ten (10) months Father had no contact. They then separated again in June of 1998 and he left to move to New Jersey. At the previous conciliation, which resulted in the Order at issue, the Mother agreed to this schedule based upon Father's request. However, the Father has not followed through with the existing schedule and she does not believe that it is appropriate to change or expand the schedule if he can't follow through with the existing schedule. As far as transportation is concerned, she indicates that he chose to move to New Jersey and it is virtually impossible for her to assist in the transportation. She apparently is working two jobs to make ends meet. She also indicates that it is a clear example of his unwillingness to follow the Order by the fact that he didn't even appear for this conciliation. 7. Need for separate counsel to represent child: Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. 9. A hearing in this matter will take one-half (1/2) day. 10. Other matters or comments: This is a case involving a 2 ~ year old child. The parties agreed to the previous Order in accordance with the Father's request. The Father has not followed through with the previous Order. In fact, at the time of the conciliation, he had not followed through for the last ten (10) times. Father has a variety of issues that he raises concerning his inability to follow through with the Order. He raised his health issue again which was raised previously. The conciliator was not provided a very clear understanding of what his health problems are and cannot corrunent here in this report as to the voracity of his statements concerning his health problems. What is clear is that the transportation issue seems to be paramount in the Father's mind. Also, it appears that the Father wants to have his ) .-. . mother and sister play a major part in the pick up of the child as well as being able to see the child. The Court will have to look very carefully as to what is the real motivating factor in this case as far as seeking a modification of the existing Order. The Father did not appear at the conciliation and counsel could not provide any real reason why he did not appear. Consequently, the conciliator was unable to even review the issues that were raised by him. Given the fact that he has not followed through with the existing Order and that he did not even come to the conciliation, the Court needs to look very carefully at what his actual reasons are in this case. From the conciliator's perspective, it appears that the Father needs to ShO~1 a track record of actually following through with an Order rather than have it modified at this point. The Mother did indicate a willingness to modify the start time of the alternating weekends from Thursday at 7:30 a.m. until Thursday at 5: 00 p.m. Because she is working several jobs, however, she needed some assurances that the Father would follow through with the schedule. Again, since the Father did not attend, we could not resolve that issue to see if a modification of the schedule would be appropriate. Given the Father's track record in this case, the Court needs to review very carefully the reasons the Father provides for not following through with the existing Order before it entertains any modification. Date: May 21, 1999 ^ ( (,7 Y ~cJk Micliael L;' Bangs ir-- Custody conCiliattl 7/e' teaehers, classes, etc.), and religious decisions. 2. MOTHER shall have primary physical custody of the child subject to FATHER'S periods of partial custody. 3. FATHER shall have the child one week out of eve!)' month from Friday at 6:30 P.M, to Friday at 6:30 P.M. Sinee it is expected that these weeks will vary depending on Mother's work schedule, Mother shall give Father at least thirty (30) days notice of the week Father is to have with the child each month. 4. The Thanksgiving and Christmas holidays shall be alternated each year, with Father having Thanksgiving, 1999. These visits shall OCcur concurrently with the regular custody schedule. 5. The parties shall share transportation of the ehild, with all transfers taking place at 6:30 P,M. at K-Mart in Lancaster, Pennsylvania. Transfer times may be changed upon agreement of the parties, 6. The parties agree to promote and facilitate reasonable telephone contact between the non-custodial parent and the child, 7. The parties agree to refrain from speaking about the non-custodial parent in a derogatory or offensive manner, and to discourage others from doing so, while in the , presence of the child. 8. The parties agree that during any custodial period neither party shall possess or use any illegal drugs, nor consume alcoholic beverages to the point of