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HomeMy WebLinkAbout03-0634IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM A. MILLER, Plaintiff SHONDA LEE MILLER, Defendant NO. O~ ~ ~{.,,.q Kissinger & Conley, P.C., who hereby files the instant Complaint for Partial Physical Custody AND NOW, comes Plaintiff, William A. Miller, by and through his counsel, Howett, 17055. and in support thereof avers as follows: 1. Plaintiff is William A. Miller ("Father"), an adult individual who currently resides at 707 Peruque Drive, O'Fallon, St. Charles County, Missouri 63366. 2. Defendant is Shonda Lee Miller ("Mother"), an adult individual who currently resides at 416 Mount Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania 3. Father and Mother, former husband and wife, are the biological parents of two minor children bom of the marriage between the parties. The parties were divorced pursuant to a Maryland divorce decree dated December 20, 1994, which said divorce decree contains a custody provision involving the minor children. A copy of the parties' Divorce Decree is attached hereto as Exhibit "A" and is incorporated herein by reference thereto as if set forth at length herein. 4. Notwithstanding the existence of the custody provision in the Maryland divorce decree, the parties have never followed the Maryland custody provision. COMPLAINT FOR PARTIAL PHYSICAL CUSTODY CIVIL ACTION - LAW CUSTODY/VISITATION minor children, born of the marriage between the parties: Name Present Residence Father seeks shared legal and partial physical custody of the following Alexander Caleb Miller 416 Mount Allen Drive Mechanicsburg, PA 17055 416 Mount Allen Drive Mechanicsburg, PA 17055 Jordan Ashley Miller 11 (D.O.B. 6/11/91) 10 (D.O.B 10/6/92) 6. The minor children are presently in the custody of Mother at her residence. Mother and the children moved to Pennsylvania on or about early 1995. 7. During the past five (5) years, the children have resided primarily with Mother in Pennsylvania. 8. Mother is single and currently resides alone with the children. 9. Father is married and currently resides with his new wife, Kathleen M. Miller, and her two (2) children, Jessica Dwyer (age 15) and Matthew Dwyer (age 13), from a prior marriage. 10. Other than the Maryland divorce decree, and the custody provision contained therein, Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. Father has no information of a custody proceeding pending in a court of this Commonwealth or any other state. No action has ever been taken in Maryland to modify the custody provision of the divorce decree. 12. Father does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested for, inter alia, the following reasons: (a) Sole custody isolates the children from the non-custodial parent; (b) The best interest of the children require that open and meaningful access be maintained with each parent and that they be permitted to have a relationship with each parent; (c) Permitting each parent to remain involved in the lives of the children enables the children to share the intimate contact necessary to strengthen a true parent child relationship; (d) With Father living in Missouri, a feasible partial physical custody schedule must be enacted to permit meaningful contact with the children, keeping in mind the constraints imposed upon the children during the academic year. Ideally, to account for the time during the academic year in which Father will be unable to see the children, Father should be entitled to a majority of the summer vacation; alternating holidays of Christmas and Thanksgiving where the children have significant breaks from school; and other extended weekends which encompass one-day school holidays or in-service days; and (e) Given the geographic distance, and the resultant impediment to regular and frequent face-to-face contact, Father should be entitled to regular and liberal periods of telephonic contact with the children. 14. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children have been named parties to this action. WHEREFORE, Plaintiffrespectfully requests the Court enter an order awarding him shared legal and reasonable periods of partial physical custody. Resp_ect..~___~?lly submitted, , Date: ~//~tSD~D~ Do~~ HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Hamsburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, William A. Miller ~ THE CIRCUIT COURT FOR SHONDA LEE MN.LER Defendant JUDGEMENT FOR .* n. SQLUTE ST. MARY'S COUNTY, MA.R~ * Case No:94-210 DIVORCF, Tkis m~Rer havi~ come for a hea~g on the 1st day of December, 1994, and Mar~s County, Maryland, ADJUDGED, ORDERED and DECREED that the Pl~ntiiT, SHOlCDA LEE Mil I.EIL is ~'ahted ~ A ~solute Divorc~ from the Defendant, WILLIAM lV~_.LEtL, and it is further ADJUDGED, ORDERED and 1] MILLEi~ be awarded s. ole custody of the ,~FXANDER CALEB MILLER (DOB: (DOB: ~0/06/92), with visitation awarded follows: (1) Two (2) week summer visits, n the age oft'our (4), thereafter, summer visi period. ECREED that the Plainti~, SHONDA LEE ~inor cbJldren of the parties, namely, Yl 1/91) and JORDAN ASHLEY MIT.LEK Io ~ De~mdant, WILLIAM MT[.I P.tL as ~n-consecutive, until the youngest child obtains tatiort will be one (1) consecutive four (4) week (2) December 26th through 3anua~, 2nd t'or Christm~ vacation; and it is further VI3VN~VH8 1~609£C/,9C9 XV~ /.I:~I C00g/Lg/I0 ABILVDGED, OKDERED and DECREED that the Defendan~ pay unto the PlaintS, child support in the sum of Four Hundred Dollars ($400.00) per month for the minor children of'the, parties, and that said support be payable through the St. Mary's County Bureau of Child Suppoct l~ntorcement, 180 Washington Street, Leonar.dtown, Maryland by w-ay of wage lien. Said support payments to commence on October 1, I994 and continue until the minor c~ldren rem:h the age of ei§hteen (15) years and it i$ further ADJ-UDGED, OKI)EKED and DECREED that the terms of the VoMmary Separation and Property Settlement Agreement of the parties, dated the 2nd day of April, 1993, and the Con~ent Order of the parties dated November 215t, 1994, and previously filed with ti~.~ Honorable be incorporated and made a part of, but not merged in, any decree ofDivome w~ch is passed by this Honorable Court; and IT IS FURTHER AD.ID'D. GED, ORDERED and DECREED by this Court that (I) If the Defendant accumulates support payment arrears amounting to more than thirty (30) days of support, the Defendant shall be subject to earnings withholdings. (2) The De~.ndant is required to notify the Court within ten days of any change of address 6r employment so long as the Support Order is irt effect; and (3) F~lure to comply with paragraph (2) above will subject the Defendant to a penalty not to exceed Two Hundred Fitly an/~100 ($250.00) Dollars, and may re. suit in the Defendmt's not receiving notice of pro for earn/n.,~ withholdings. .F~GE, C[rcuk Court for St. Ivla~'s County, Mass, land VERIFICATION I, William Alexander Miller, hereby swear and affirm that the facts contained in the foregoing Complaint for Partial Physical Custody are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 2/10/03 William Alexander Miller WILLIAM A. MILLER PLAINTIFF go SHONDA LEE MILLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-634 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 20, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, March 25, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 WILLIAM A. MILLER, Plaintiff VS. SHONDA LEE MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-634 CIVIL ACTION LAW IN CUSTODY .ORDER OF COURT AND NOW, this Z~" day of tog~me~ff , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall make arrangements for Deborah Salem., or other professional selected by arrangement, to meet with the parties and the Children to assess, and make recommendations concerning, the Children's needs and interests with regard to partial custody arrangements with the Father. The cost of the assessment shall be shared equally between the parties. 2. The Father, William A. Miller, and the Mother, Shonda Lee Miller, shall have shared legal custody of Alexander Caleb Miller, born on June 11, 1991, and Jordan Ashley Miller, bom on October 6, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Children. 4. Pending completion of the assessment and further Order of Court or agreement of the parties, the Father shall have partial physical custody of the Children as arranged by agreement without waiving any rights of partial custody provided under the prior Order of the Circuit Court for St. Mary's County, Maryland, dated December 20, 1994. 5. Within sixty days of receipt of the assessment recommendations, in the event the parties are not able to resolve all outstanding custody issues by agreement, counsel for either party may contact the conciliator to schedule an additional conciliation conference. cc~ Samuel L. Andes, Esquire, Counsel for Mother Donald T. Kissinger, Esquire, Counsel for Father BY THE COURT, WILLIAM A. MILLER, Plaintiff VS. SHONDA LEE MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLA3ND COUNTY, PENNSYLVANIA 03-634 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: .NAME Alexander Caleb Miller Jordan Ashley Miller DATE OF BIRTH June 11, 1991 October 6, 1992 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held on March 17, 200!3, with the following individuals in attendance: The Father, William A. Miller, with his counsel, Donald T. Kissinger, Esquire and the Mother, Shonda Lee Miller, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ate Dawn S. Sunday, Esquire" Custody Conciliator DEC 1 0 ~1)04 WILLIAM A. MILLER · Plaintiff · VS. ' SHONDA LEE MILLER · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-634 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ,~5'w day of 2~e.~,~r , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 25, 2003 is vacated and replaced with this Order. 2. The Father, William A. Miller, and the Mother, Shonda Lee Miller, shall have shared legal custody of Alexander Caleb Miller, bom June 11, 1991, and Jordan Ashley Miller, born October 6, 1992. Legal custody is defined as the right to make major decisions affecting the best interests of the Children including, but not limited to, decisions regarding the medical treatment and health care, religion, and education of the Children. Both parties shall have the right to be informed of the Children's education, medical, and other developments and shall be entitled to full and complete access to and information concerning the Children from any doctor, dentist, teacher, treatment institution, or similar authority, and to receive copies of any reports, notices, or other communications given to either parent regarding the Children. Each parent shall notify the other of any matter relating to the Children which would reasonably be expected to be of significant concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody at the time of any emergency shall have the right and authority to make any immediate decisions necessitated by the emergency but shall promptly inform the other parent of the emergency and consult with him or her as soon as possible· The parties acknowledge that each of them are currently pursuing different religious views and have differences of opinion regarding religion. Each of the parties shall have the right to take the Children to the church of their choice while the Children are in their physical custody and the Children shall be free: to decide for themselves at a future date what religious preference they elect. Neither party shall denigrate the religious preference of the other parent or make any effort to undermine the Children's choice of religious preference· 3. The Mother shall have primary physical custody of the Ctfildren. 4. The Father shall have partial physical custody of the Children as set forth in this Order and, in addition, as arranged by agreement between the parties. 5. The parties shall have custody of the Children on holidays as follows: A. CHRISTMAS/NEW YEARS: The Christmas/New Year's holiday shall be divided into two blocks of relatively equal duration, which shall be alternated between the parties. In even numbered years, the Father shall have custody of the Children for the first block of the vacation and the Mother shall have custody for the second block. In odd numbered years, the Mother shall have custody of the Children for the first block of the vacation and the Father shall have custody for the second block. In the event there is an odd number of days in the Christmas / New Year's school break, the extra vacation day shall be added to the end of the Father's period of custody during years when he has the first block and shall be added to the beginning of the Father's period of custody in years when he has the second block. For purposes of this provision, the entire school holiday break shall be deemed to fall within the sarae year as Christmas. B. EASTER: The Easter (Spring Recess) holiday period of custody shall run from the last day of school before the holiday break through the day before school resumes. The Father shall have custody of the Children over the Easter (Spring Recess) holiday in even numbered years and the Mother shall have custody in odd numbered years. C. THANKSGIVING: The Thanksgiving holiday period of custody shall run from the last day of school before Thanksgiving through the last day of the holiday break. The Father shall have custody of the Children over the Thanksgiving holiday in odd numbered years and the Mother shall have custody in even numbered years. D. MOTHER'S DAY: Notwithstanding the other provisions of this Order, the Mother shall have custody of the Children every year on Mother's Day weekend from Saturday at 6:00 pm through Sunday at 6:00 pm. E. At the beginning of the Father's periods of holiday custody under this provision, the Children shall depart from the Baltimore / Washington International Airport (BWI) no earlier than 7:00 pm EST or from the Harrisburg International Airport (MDT) no earlier than 5:00 pm EST on the first day of the Father's period of custody (last day of school before the vacation break or the first day of the second holiday block). At the end of the Father's periods of custody under this provision, the: Children shall return to BWI or MDT no later than 6:00 pm EST on the last day of the Father's period of custody. 6. The parties shall share having custody of the Children over long weekends and in-service days during the school year as follows, with the Father exercising his periods of custody under this provision as his schedule permits in Pennsylvania, unless agreed otherwise between the parties: A. MEMORIAL DAY / LABOR DAY / MARTIN LUTHER KING JR. DAY / MARCH or APRIL THREE DAY WEEKEND: In. every year, the Father shall have custody of the Children for the Memorial Day weekend and the three day weekend in March or April. In every year, the Mother shall have custody of the Children for the Labor Day weekend and the Martin Luther King, Jr. birthday weekend. B. COLUMBUS DAY / PRESIDENTS' DAY: In years when the Father does not have custody of the Children over Thanksgiving, the Father shall have custody over the Columbus Day weekend and the weekend prior to Thanksgiving from Friday after school through Sunday at 5:00 p.m. In years when the Father does not have custody of the Children over the Easter (spring recess) holiday., the Father shall have custody over the Presidents' Day weekend. In years when the Mother does not have custody of the Children over the Thanksgiving holiday, the Mother shall have custody over the Columbus Day weekend. In years when the Mother does not have custody of the Children over the Easter (spring recess) holiday, the, Mother shall have custody over the Presidents' Day weekend. C. REGULAR WEEKENDS: In years when the Mother has custody of the Children over the Columbus Day weekend, the Father shall have custody during the weekend before the Columbus Day weekend from Friday after school through Sunday at 5:00 pm. During years when the Mother has custody of the Children over the President's Day weekend, the Father shall have custody during the weekend before Presidents' Day weekend from Friday after school through Sunday at 5:00 pm. D. The parties shall equally share having custody of the Children over any other extended school weekends, with the specific arrangements to be made by agreement. E. All periods of custody over long weekends under this provision shall mn from after school on the last day before commencement of the long weekend through 5:00 pm on the last day before school resumes. 7. The Father shall be entitled to have custody of the children during the summer school break each year for six weeks to be taken in three separate blocks of fourteen consecutive days. The first two-week block shall occur in June, beginning on the first weekend following the Children's last day of school and the scheduling of the first block shall be adjusted as necessary to include Father's Day. The second two-week block shall be scheduled to begin on the first weekend in July. The third two- week block shall be scheduled to begin on the first weekend in August and shall be scheduled to ensure that the Children are returned to the Mother's custody at least three days before the beginning of the school year. The parties shall schedule periods of custody under this provision to begin, on an alternating basis, on either Saturday or Sunday (or consistently on weekdays), beginning with the Father's first period of summer custody on a Saturday in June 2004. 8. For all periods of custody for which the Children are traveling to and from the Father's residence, the travel arrangements shall be scheduled to ensure that the Children arrive in St. Louis no later than 10:00 am CST on the first day of the Father's period of custody. However, the Children shall not be scheduled to depart from BWI earlier than 7:00 pm EST or from MDT earlier than 5:00 pm EST on the last day of the Mother's period of custody. The travel arrangements shall be scheduled to ensure that the Children return to BWI or MDT no later than 6:00 pm EST on the last day of the Father's periods of custody. 9. The parties agree to schedule the Children's flights to and from Harrisburg International Airport (MDT) rather than Baltimore/Washington International Airport (BWI) whenever a flight is available which does not require a change of aircraft, additional overall travel time, or additional cost to the Father. The parties agree that the Children may fly unaccompanied, if the flight does not require a change in aircraft. If the flight does require a change in aircraft, the Father shall accompany the Children on the flight. The Mother shall transport the Children to and from either BWI or MDT and the Father shall transport the Children to and from the airport at St. Louis. 10. The Father shall be responsible to make the arrangements for and pay the costs of the Children's airfare for periods of custody over Christmas, Thanksgiving, Easter and the second summer block each year. The Mother shall be responsible to make the arrangements for and pay the costs of the Children's airfare for the first summer block each year. The Father shall be responsible to make the arrangements for the Children's airfare for the third summer block each year, the costs of which shall be equally divided between the parties. 11. The non-custodial parent shall be entitled to speak to the Children by telephone on each Child's birthday. 12. Neither party shall do or say anything which may estrartge the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 13. Each parent shall keep the other apprised of his or her current telephone number and address. The non-custodial parent shall be entitled to contact the Children by telephone once every other day and the Children shall be entitled to contact the non-custodial parent by telephone one time each day. The custodial parent shall ensure that the Children remm telephone calls to the other parent in a timely manner. Although both parties shall be entitled to establish rules goveming the use and possession of cellular phones in his or her residence and during his or her period of custody, the parties agree that the Children may have a cell phone provided by either party during the time when the Children are at the airport and traveling between the parties' residences. The custodial parent shall ensure that the Children's cell phone is charged for use when the Children are taken to the airport. 14. The Mother agrees to attend a minimum of three sessions with a therapist who is skilled at assisting parents in understanding non-malicious parent alienation, and the role a parent plays in undermining a relationship with the other parent. The Mother shall begin a concerted effort with the Children to foster the notion that, not only can they cope with the custody schedule, but they can thrive in it. The Father shall attend a minimum of three sessions with a therapist skilled in co-parenting issues who can guide the Father in compassionately dealing with the Children's issues without holding the Children responsible for the Mother's influence over their choices. 15. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by an agreement confirmed in writing. In the absence of written mutual consent, the terms of this Order shall control. Until the parties otherwise agree in writing, both parties shall communicate by mail, fax, or email, except in the event of an emergency. Nothing in this provision shall be interpreted to prohibit civil verbal communication between the parties. BY THE COURT, Ke~,A/~ess cc: ~/~onald T. Kissinger, Esquire - Counsel for Father ~g'amuel L. Andes, Esquire - Counsel for Mother WILLIAM A. MILLER Plaintiff VS. SHONDA LEE MILLER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLj~rD COUNTY, PENNSYLVANIA 03-634 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexander Caleb Miller Jordan Ashley Miller June 11, 1991 Mother October 6, 1992 Mother 2. A Conciliation Conference was held on May 25, 2004, with the following individuals in attendance: The Father, William A. Miller, with his counsel, Donald T. Kissinger, Esquire, and the Mother's counsel, Samuel L. Andes, Esquire. The Mother, Shonda Lee Miller, participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form .as attached, with the exception of provision 16 permitting civil verbal communication between the parties, which is the recommendation of the conciliator to assist the parties in overcoming the current impasse in communication. Due to the complexity of the long distance exchanges of custody involved in this matter, submission of the Report and Proposed Order was held pending further review and confirmation by counsel on certain provisions. Date Custody Conciliator