HomeMy WebLinkAbout98-03585
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98-3585 CIVIL TERM
Robert Lloyd, Sr" Mildred Deitch, Ray Miller, or a person
mutually agreed upon by the parties, The mother is not to
provide transportation without supervision,
C) Other times agreed upon by the parties,
4) The mother shall not use or be under the
influence of illegal drugs or alcohol during or within twelve
hours prior to her periods of visitation,
5) Mother agrees to submit to a drug and
alcohol evaluation within two weeks of this order and agrees to
abide by the recommendations of her counselor, Mother will
provide documentation to father which shows that she is abiding
by the recommendations of her counselor, Father will not
directly contact the counselor.
6) There shall be reasonable notice given to
the other party if a scheduled period of visitation needs to be
canceled or modified, and a makeup period shall be offered
within a reasonable time frame,
7) The mother and father agree that each shall
notify the other immediately of medical emergencies which arise
while either child is in that parent's care,
8) Neither party shall do anything which may
estrange the children from the other parent or injure the
opinion of the children as to the other parent, or which may
hamper the free and natural development of the children's love
and respect for the other parent, This temporary custody order
is entered without prejudice to either party and shall remain in
effect pending further order of court, Either party may contact
the conciliator directly to schedule this matter for
conciliation,
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JENNIFER D, MILLER
PI.AINTIFF
V,
RA Y I. MillER, III
DEFENDANT
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
98-3585 CIVIL ACTION LA W
IN CUSTODY
ORIlER OF COURT
AND NOW, this 9th day of Oelober. 2000. upon consideration of the attached Complaint,
it is hercby direetcd that the partics and their respective counsel appeal' bcfore Huberl X, Gilroy, Esq. ,thc conciliator,
at 4th Floor, Cumberland Counly Courlhouse. Carlisle on thc ~ day of November ,2000, at 10:30 a.m,
feF-U-Pr-e-Hearing Custody Conferencc, At sucheollfcrence, an effort will be made to resolvc the issues in dispute; 01'
if this cannot be accomplishcd, to dcfine and nUITOW the issues to bc heard by the court, and to entcl' into a tcmporary
order, All childrcn agc fivc or older may also be prescnt at the conference, Failurc to appear at thc eonfcrence may
provide grounds for entry of a temporary 01' pcrmanent ordcr,
FOR TilE COURT,
Hilbert X. Gilroy.....&q, ~
Custody coneiliato~ I
The Court of C0l11111on Pleas of Cumberland County is requircd by law to comply with the
Americans with Disabilites Act of 1990, For information about acccssiblc facilities and reasonable
accommodations availablc to disabled individuals having busincss bcfore the court, please contact our ot1ice,
All arrangcmcnts must be made at least 72 hours prior to any hearing or business before the coul1, You must
attend the scheduled eonterence or hcaring,
l3y' Isl
YOU SHOULD TAKE TillS PAPER TO YOUR AHORNEY AT ONCE, [I' YOU DO NOT
HA VE AN A HORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH I3ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELl',
Cumberland County l3ar Association
2 Libcrty A vcnue
Curl isle, Pennsylvania 17013
Telephonc (717) 249-31 GG
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JENNIFER D, MILLER,
Plainti ff/Respondent
: IN TilE COURT OF COM 0,
: CUI'vIl3ERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - PROTECTION FROM
: ABUSE AND CUSTODY
: NO, 98-3585 CIVIL TERM
v,
RA Y I. MILLER, III,
Defendant/Petitioner
ORDER O(i'COVRT
AND NOW, . upon consideration of the
attached complaint, it is hereby directed that the parties and their respective counsel appear before
,the conciliator, at on the
day of 2000, at _ m" fur a Pre-Healing Custody Conference, At
such conference, an effort will be made to rcsolve the issues in dispute; or if this cannot be
accomplished, to dcfinc and narrow the issues to be heard by the COlllt, and to enter a temporary
order, All children age five or older may also bc present at the conference, Failure to appear at the
conference may provide grounds for entry of a temporary or pelmanent order,
FOR THE COURT,
By:
Custody Conciliator
The COlllt of Common Picas 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 COlllt, please contact
our office, All arrangements must be made at least 72 hours plioI' to any hearing or business before
the court. You IllUSt attend the scheduled conferencc or heming,
YOU SHOULD TAKE THIS PAPERTO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFPORDONE,GOTO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WH ERE YOU CAN GET LEGAL HELP,
Cumbcrland County Bar Association
2 Libcrty A venue
Carlisle, Pennsylvania ] 7013
(717) 249-3166
JENNIFER D, MILLER.
Plainti ff/Rcspondcnt
:IN TIlE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v,
:CIVIL ACTION - PROTECTION FROM ABUSE
:AND CUSTODY
RA Y I. MILLER, Ill,
Defendant/Pctitioncl'
:NO, 98-3585 CIVIL TERM
PETITION FOR MODIFICATION OF CUSTODY ORDER
Ray I. Miller. Ill, Dcfendant/Pctitioner, by and through his attoll1eys, The Family Law
Clinic, brings this Pctition sccking primary physical custody of his children, Justin R. Miller,
bOIl1 August 25, 1990, and Jcssica E, Miller, bOIl1 August 8, 1994, In SUPP0l1 of his petition,
Petitioner states as follows:
I. The petition of Ray I. Miller, III, respectfully represents that on July 28,1998 an
Order of C01ll1 was entercd for custody of Justin R, Miller and Jessica E. Miller, A true and
cOlTect copy of the July 28, 1998 Order is attached as Exhibit A,
2, The petitioner is Ray I. Miller, III, ("Father") residing at 45 Wolfs Bridge Road,
Carlisle, Cumberland County, Pennsylvania, 17013,
3, The respondent is Jennifer D, Miller, ("Mother") rcsiding at 1831 Walnut Bottom
Road, Apt. #3, Newville, Pennsylvania, 1724 I.
4, Father secks prilllaJY physical custody of the following children:
Name
Present Rcsidence
Date of Birth
Justin R. Miller
1831 Walnut Bottom Road
Apt. 113
Newville, P A 17241
8/25/90
Jessica E, MilicI'
1831 Walnut Bottom Road
Apt. 113
Newville, P A 17241
8/8/94
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JENNIFER [), MILLER.
Plaintirf
: IN TH E COURT OF COMMON PLEAS OF
: CLJMBERLAND COUNTY, PENNSYLVANIA
vs,
: NO, 98-3585 CIVIL TERM
RAY I. MILLER, III,
Defendant
: CUSTODY
TEMPORARY CUSTODY ORDER
AND NOW, this
day of January, 200 I, thc following Order is entered by consent of
thc parties with regard to custody of the parties' childrcn, Justin R, Miller DOB August 25, 1990,
and Jessica E, Miller, DOB August 8, 1994,
I, Plaintiff, Jcnnifcr Miller, hereinafter referred to as the mother, and Defendant, Ray
I Miller, hcreinafter referred to as the father, shall sharc Icgal custody ofthe children,
2, The fathcr, shall havc physical custody of the children,
3, The mother shall have visitation according to the following schedule:
a, Every Saturday from 10:00 a,m, until 7:00 p,m, supervised by
Jeffrcy Deitch and ifhe is not available by a person to be a!,rreed to by
the mother and father.
b, Two cvenings each week from 7:00 p,m, until 9:00 p,m,
supervised by the fathcr who shall provide transportation for the
weekday evening visits to the mother's residence with the mother
contributing $5,00 each weck toward the cost of gas,
c, Other times agrced upon by the parties,
4, Thc mother shall not use or bc under the influence of illegal drugs or alcohol during
her periods of visitation,
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Shelley ^, Carrara. Esq,
D~puty Prothonour)'
Patricia A, Honoud
Chi,f Clerk
, .
Supreme Court of Pennsylvania
Wcstcrn District
September 15, 2000
I I
801 City,Coun,y Building
Pituburgh, PA 15219
412,565.2816
www,aope,org
Robert E, Rains, Esq,
Family Law Clinic, The Dickinson School of Law
45 N, Pilt Street
Carlisle, PA 17013
RE: Knudsen, Paula K,
No,993 INT 2000
Dear Attorney Rains:
The above-named law student has been approved and certified under Pa, BAR, 321 and
322 by:
Dickinson School of Law
Feldman, Harvey
Associate Dean
as a duly enrolled law student who has completed at least three (3) semesters of legal studies,
or the equivalent thereof, as being of good character and competent legal ability, and as being
adequately trained to perform as a legal intern as of September 15, 2000,
Pursuant to such certification and in accordance with and subject to the provisions of Pa,
BAR. 321 and 322, the above-named student has been certified as a legal intern and you
have been approved to perform the duties of supervising attorney,
WITNESS my signature and the seal of this
Court,
September 15,2000
Very truly yours,
Ii' lu' /.7;J -
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/ Shelley A7 Carrara
I Deputy Prothonotary
Idal
1
THE COURT: Now, i [ I unclcrlJtancl correct ly,
2 the part.iefJ have n:!.:1ched an agt-eelllcnt .in the case?
3 MS, CAREY: Yes, Your Honor,
4 MS, KNUDSEN: Yes, Your Honor,
5 THE COURT: And you propose to read it into
6 the record, and it will be transcribed in due course and
7 filed with the Prothonotary as an order of court, but
8 everybody should understand that it becomes the order of
9 court as soon as it is agreed to this afternoon,
10 Do you propose to read this, Ms, Knudsen?
11 MS, KNUDSEN: Yes,
12 THE COURT: Before you do that, I want to
13 make an observation about what this order is being called,
14 because both counsel advocated the position of their
15 parties in chambers about whether this should be called a
16 temporary custody order or not, And I understand dad's
17 concern that there be some stability here and that he knows
18 what's going to happen until the court orders otherwise,
19 On the other hand, mom wants some sense of hope that her
20 visitation with her children or custody of her children or
21 whatever she is going to have down the road is not always
22 supervised under these limited circumstances,
23 I am going to call it temporary because
24 everybody can agree that to go through life having one
25 parent's visitations supervised all the time is certainly
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not a goal for eitllel' mom or dad ultimately, So we are
going to call it tempOI"ary, ^nd that' 8 at my direction,
and I will take the heat [or that, But at the end of the
order there is language tllat tile order is entered to remain
in effect pending further order of court. So nothing is
going to change unless and until the court says so. So I
think dad has the protection he needs, I think mom has the
hope that she wants. And as the mother of these children
she deserves that.
And, by the way, I should say I interviewed
Justin in connection with this case, To the extent that
you two have parented him, you are to be congratulated, He
is a delightful, wonderful little boy, who loves both of
you desperately,
Now, Ms. Knudsen.
MS, KNUDSEN: Actually, Your Honor, before I
begin there is just one ancillary issue that my client just
informed me of, There are certain things in the children's
home that he would like to retrieve. And I wondered if we
could address that prior to reading of the order,
THE COURT: Well, I would hope that this is
not going to have some contentious effect on it,
MS, CAREY: I don't know.
MS, KNUDSEN: The items in question are some
documents, such as immunization records, social security
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1 cards and birth certificates regarding the children,
2 THE COURT: Things that he would need as a
3 primary physical custodian I am sure will be made
4 available, And if not, I will direct them,
5 MS, CAREY: I am sure we can work that out
6 afterwards, Your Honor,
7 THE COURT: I would think so,
8 MS, KNUDSEN: There is one other thing
9 regards gifts from the maternal grandmother, Can opposing
10 counsel and Family Law Clinic also work on that together?
11 THE COURT: Sure, Okay, Why don't you
12 recite the agreement,
13
MS. KNUDSEN: Okay, This would be entitled
14 temporary custody order,
15 And Now, this 19th day of January, 2001, the
16 following order is entered by consent of the parties with
17 regard to the custody of the parties' children, Justin R,
18 Miller, date of birth August 25th, 1990, and Jessica E,
19 Miller, date of birth August 8th, 1994,
20 1) Plaintiff, Jennifer Miller, hereinafter
21 referred to as the mother, and defendant, Ray Miller,
22 hereinafter referred to as the father, shall share legal
23 custody of the children,
24 2) The father shall have physical custody
25 of the children,
4
1 3) The IIIOtl)(!l: shall have visitation
2 according to the following schedule,
3 ^) EveJ:y Saturday [rol1\ 10:00 a,l1\,
4 until 7:00 P,l1\, , supervised by Robert Lloyd, Sr" or
5 Mildred Deitch, or a person mutually agreed upon by the
6 parties, Transportation shall be provided by Robert Lloyd,
7 Jr" Robert Lloyd, Sr" Mildred Deitch, Ray Miller, or a
8 person mutually agreed upon by the parties, The mother is
9 not to provide transportation without supervision,
10 B) Two evenings each week from 7:00
11 p,m, until 9:00 p,m" unless otherwise agreed, supervised
12 by Robert Lloyd, Sr" or Mildred Deitch, or a person agreed
13 upon by the parties. Transportation shall be provided by
14 Robert Lloyd, Jr" Robert Lloyd, Sr" Mildred Deitch, Ray
15 Miller, or a person mutually agreed upon by the parties,
16 The mother is not to provide transportation without
17 supervision,
18
C) Other times agreed upon by the
19 parties,
20 4) The mother shall not use or be under the
21 influence of illegal drugs or alcohol during or within
22 twelve hours prior to her periods of visitation,
23 5) Mother agrees to submit to a drug and
24 alcohol evaluation within two weeks of this order and
25 agrees to abide by the recommendations of her counselor,
5
1 Mother will provide documentation to [ather which shows
2 that she is abiding by the reCOIIUfI<2ndatiolW o[ her
3 Counselor, Fatlter will not directly contact the cOllnselor,
4
6) There shall be reasonable notice given
5 to the other party if a scheduled period o[ visitation
6 needs to be canceled or modified, and a makeup period shall
7 be offered within a reasonable time frame,
8
7) The mother and father agree that each
9 shall notify the other immediately of medical emergencies
10 which arise while either child is in that parent's care,
11
8) Neither party shall do anything which
12 may estrange the children from the other parent or injure
13 the opinion of the children as to the other parent, or
14 which may hamper the free and natural development of the
15 children I s love and respect for the other parent, This
16 temporary custody order is entered without prejUdice to
17 either party and shall remain in effect pending further
18 order of court, Either party may contact the conciliator
19 directly to schedule this matter for conciliation,
20 As to paragraph five, if mother agrees to
21 allow father to contact counselor directly, then father may
22
do so.
if
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MS, CAREY: Well, I would prefer that that
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sentence not be there, I don't think mother wants father
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to contact the counselor, I would like it to be through
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1 attorneys,
2 THE COURT: Okay, Then she won't agl'ee, so
3 there is no sense putting it in there,
4 MS, CAREY: Right,
5 MS, KNUDSEN: Strike that sentence, That's
6 it, Your Honor,
7 THE COURT: And if she does agree, why then
8 that would effect a change anyway,
9 MS, CAREY: Your Honor, I just have one
10 comment for the record, 3-8, I just want it to be clear
11 that the two evenings each week is the order. The part
12 that could be changed would be the time frame, 7:00 to
13 9:00 is the time frame unless that time frame is changed by
14 agreement,
15 THE COURT: Okay, Everybody is
16 understanding?
17 MS, KNUDSEN: Thank you,
18 THE COURT: Ms, Miller, you understand the
19 order?
20 MS, MILLER: Yes, sir.
21 THE COURT: And Mr, Miller?
22 MR, MILLER: Yes, sir,
23 THE COURT: Okay. Well, we congratulate the
24 parties all the time when they are able to reach
25 understandings, Sometimes they involve very, very
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1 difficult decisions and choices, But they always reflect
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6 MS, KNUDSEN: No, Your Honor,
7 THE COURT: We will stand adjourned,
8 (End of proceedings)
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the ability of the parties to put their love of their
children ahead of ilnything else, Fo~- that YOll Clre to be
congratulated, I wish you luck, Anything else?
MS, CAREY: No,
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JENNIFER I), MILLER,
Plaintiff
IN THE COURT or COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION. LA W
NO. 98 . 3585 CIVIL
IN CUSTODY
RA Y I. MILLER, Ill,
Dcfcndant
COVIH ORDEI{
AND NOW, this c?b ~ay of Novembcr, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
I, This Court's prior Order of July 28, 1998 is vacated,
2, The Mothcr, Jennifer D, Miller, and the Father, Ray I. Miller, III, shall enjoy shared
legal custody of Justin R, Miller, born August 25,1990; and Jessica E, Miller, born
August 8, ] 994,
3, The Mother shall enjoy primary physical custody of the minor children,
4, The Father shall enjoy periods of physical custody with the minor children as
follows:
A. On alternating weekends on Friday at 6:00 p,m, until Sunday at 6:00
p,m,
B. Every Thursday from 6:00 p,m, until 8:00 p,m,
C, At such other times as agreed upon by the parties,
5, Father shall also enjoy at least one week of SUJ11J11er vacation with the minor
children, Father shaH give Mother at least thirty (30) days notice as to when he
intends to exercise his week vacation,
6, For major holidays including Thanksgiving and Christmas, the parties shall share
custody on those days with the a timeframe from 9:00 a,m, until 3:00 p.m, and 3:00
p,rn, until 9:00 p,m, with the Mother enjoying the first portion of the day on
Thanksgiving and Christmas unless agreed othelWise by the parties. Other holidays
shaH be handled similarly unless the parties agree to a different schedule.
7, The parties may modify this Custody Order as they may agree, Absent an
agreement, the schedule set forth above shaH control.
JENNIFER J), MILl,ER.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LA W
NO, 98 - 3585 CIVIL
IN CUSTODY
RA Y I. MILLER, Ill,
Dcfcndant
Prior Judge: Gcorgc E, Hofler
CONCILlA nON CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undcrsigned Custody Conciliator submits the following report:
I. The pcrtinent inlormation pertaining to the children who are the subject of this litigation is
as follows:
Justin R, Miller, bom August 25, 1990; and Jessica E, Miller, bom August 8, 1994,
2, A Conciliation Conference was held on November 16, 2000, with the following individuals
in attcndance:
The Mother, Jennifer D, Miller, with her counsel, Joan Carey, Esquire; and the Father, Ray
I. MilicI', Ill, with his representative, Jaime L. Jablonski of the Dickinson School of Law
Family Law Clinic,
3, The parties agree to the entry of an order in the form as attached,
11/17/ (J()
DATE '
CJt
<d';.
Plaintiff'
IN nm COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB,
NO, 98- 35~5 CIVIL TERM
Ray 1. Millcr, ill,
Dcfendant
PROTECTION FROM ABUSE
: AND CUSTODY
FINAL ORDER OF COURT
Defendant's Name: Ray I. Miller, III
Dcfendant's Date of Birth: 8/11/61
Defendant's Social Security Numbcr: 168-48-3486
N=~ of.. ";!l,,'lJr" "',"""" _Iilf '"" m;"" ,hilil/=, J,"";r" D. Millo,
AND NOW, this day of July, 1998, the court having jurisdiction over the parties and the subject-
matter, it is 0 'RED, ADJUDGED, and DECREED as follows:
In consideration ofthe custody consent Order, PlaintilT is withdrawing her request for a
Protection Order on behalf of the minor children and the caption shall be amended to reflect that
change.
o Plaintifi's request for a Final Protection Ordcr is denied OR
liD PlaintilT's request for a Final Protection Order is granted
liD 1. Defendant shall not abuse, stalk, harass, threaten PlaintilT or any other protected person in
any place where they might be found.
liD 2. Defendant is completely evicted and excluded from the residence at 8 Cornman Drive,
Carlisle, Cumberland County, Pennsylvania or any other residence where PlaintilTmay live.
Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or
privilege to enter or be present on the premises,
Ii!I On Sunday, July 26, 1998, at 9:30 a.m" Mac and Bobbie M, shall go to PlaintilT's residence at
8 Cornman Drive, Carlisle, Pennsylvania, to retrieve agreed UpOIl items listed on Exhibit A, The
parties shall meet at Sollenbergers Messenger Service, 205 York Road, Carlisle, Pennsylvania, on
Friday, July 24, 1998, at 4:30 p,m" to transfer title of a Crown Victoria from Ray I. Miller, III to
Jennifer D. Miller, The parties shall exchange car keys so tllat Ms, Miller has all the car keys to
the Crown Victoria and Mr, Miller has all the keys to the Chevy Impala Stationwagon. Once the
title has been transferred into M~, Miller's name, she shall allow Mac and Bobble M. to take the
Chevy Impala Stationwagon and keys from her property 011 Sunday, July 26, 1998, at 9:30 a.m.
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IlD 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having
ANY CONTACT with the Plalntln' at any location, Including, but not limited to, any contact
at the Plaintiff's school, business, or place of employment. Defendant Is specifically ordered
to stay away from the following locations lor the duration of this Order: PlaintilT's residence
located at 8 Cornman Drive, Carlisle, Cumberland County, Pennsylvania, and any other
residence the plalntilT may establish,
IlD 4, Except as provided in Paragraph 5 of this Order, Defendant shall not contact the
PlaintilT by telephone or by any other means, including third parties, except to facilitate
custody arrangements through a third party.
IlD 5. Custody of the minor children, Justin, .Jamle, and Jessica Miller, shall be as follows:
(see attached Custody Order)
o 6, Defendant shall immediately turn over to the Shedft's Office, or to a 10ca1law enforcement
agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by
Defendant in an act of abuse against Plaintiff and/or the minor child/ren:
o 7. Defendant is prohibited from possessing, transfening or acquiring any other weapons for the
duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or
under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court.
IlD 8. The following additional relief Is granted as authorized by ~6108 of this Act:
a. This Order shall remain in elTect until modified or tennlnated by the Court
and can be extended beyond its original expiration date If the Court finds that Defendant has
committed another act of abuse or has engaged In a pattern or practice that indicates
continued risk of harm to PlaintilT,
b. Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by PlaintilT.
c. Defendant is to refrain trom harassing PlaintilT's relatives,
d, The court costs and fees arc waived.
o 9, Defendant is directed to pay temporary support for [insert the names of the persons for
whom SUPPOIt is to be paid] as follows: [insert amount, .
frequency and other tenns and conditions of the SUPPOlt order] , Tlris Order for
support shall remain in effect until a fmal support order is entered by this Court, However, this
Order shall lapse automatically if the Plaintiff does not file a complaint for support with the Court
within fifteen days of the date of this Order, The amount of this temporary order does not
necessarily reflect Dcfendant's correct support obligation, which shall be detennined in accordance
with the guidclines at the support hearing, Any adjustments in the final amount of support shall be
credited, retroactive 10 this dale, to the appropriate party,
010. The costs of this action arc waived as to the Plaintill'and imposed on Defendant.
o 11, Dcfcndant shall pay $+ to Plaintiff as compensation for Plaintitl's out-of-pockctlosses,
which are as follows: OR
o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert
the name of the judge or eourt to which the petition should be presented] requesting recovery of
out-of-pocket losses, The petition shall include an exhibit itemizing all claimed out-of-pocket
losses, copies of all bills and estimates of repair, and an Order scheduling a hearing, No fee shall
be required by the Prothonotary's office for the filing of this petition,
012, BRADY INDICATOR
1. 0 The Plaintiff or protccted person(s) is a spouse, fonner spouse, a person who cohabitates
or has cohabiled with the Defendant, a parent of a COJ11J11on child, a child of that person, or a
child of the Defendant.
2, 0 This Order is being enlered after a hearing of which the Defendant received actual notice
and had an opportunity to be heard,
3, 0 Paragraph 1 of this Order has been checked to restrain the Defendant from harassing,
stalking, or threatening Plaintiff or protected person(s),
4. 0 Defendant represents a credible threat to the physical safety of the Plaintiff or other
protected person(s) OR
o The tenns of this Order prohibit Defendant from using, attempting to use, or threatening to use
physical force against the Plaintiff or protected person that would reasonably be expected to cause
bodily injury,
~ 13, THIS ORDER SUPERCEDES ~ ANY PRIOR PFA ORDER AND lEI ANY
PRIOR ORDER RELATING TO CHILD CUSTODY. Jdo
14. All provisions of this Order shall expire in one year, on ~ m'lnsert
expiration date),
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WI-IICH IS PUNISHABLE BY A F1NE
OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTI-IS. 23 PA.C,S.
~6l14, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS
ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRillAL
LANDS, U.S. TERRITORIES, AND TI-IE COMMONWEALTH OF PUERTO RICO UNDER
THE VIOLENCE AGAINST WOMEN ACTION, 18 U,~,C. ~2265. IF YOU TRAVEL
OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TI-US ORDER, YOU MAY
BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. ]8 U.S,C,
~~ 2261-2262. IF PARAGRAPH 12 OF nus ORDER HAS BEEN CHECKED, YOU MAY
BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER TIIE "BRADY"
PROVISIONS OF 111E GUN CON1ROL ACTION, 18 U.S,C. ~922(G), FOR POSSES~ION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NonCE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the Plaintiff's rcsidcnee OR any location wherc a
violation of this Order occurs OR wherc the Defendant may be located, shall enforce this Order.
An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based
solcly on probablc cause, whether or not thc violation is committed in the presencc of the police.
23 Pa.C.S. ~6113,
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be
USt:d during the violation of the Protection Order or during prior incidents of abuse. The [insert
the appropriate name 01' tide J shall maintain possession of the weapons until further Order of this
Court. When the Defendant is placed under arrest for violation of the Order, the Defendant shall
be taken to the appropriate authority or authorities before whom Defendant is to be arraigned, A
"Complaint for Indirect Criminal Contempt" shall then be complcted and signed by the police
officer OR the Plaintiff, Plaintifi's presence and signature are not required to file the complaint.
If sufficient grounds for violation of this Order are alleged, the Defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing,
BY THE COURT,
B-45i
If entered pursuant to the consent of Plaintiff and Defendant:
~.. '17
~ \'W\~^ \'j, (\'\.\ l,~ U\~...i- ;J}zLL'CLWi=-
Je . er D, 'er, Plaintiff Ray 1. Miller, ill, Defendant
Joan Carey, Attorney for Plaintiff Family Law Clinic, Attorneys for Defcndant
'n'
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Jennifer D, Miller,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98- 35~5 CIVIL TERM
Ray I. Miller, ill,
: PROTECnON FROM ABUSE
: AND CUSTODY
....~ CUSTODY ORDER
AND NOW, this ~~ay of July, 1998, upon consideration of the parties' Consent
Agreement, the following Order is entered with regard to custody of the parties' children, Justin R.
Miller, Jessica E, Miller, and Jamie Lee Silver Miller,
Dcfcndant
The plaintiff shall have primary physical and legal custody of the children,
This Order shall remain in effect pending further Order of Court,
By the Cour~
If entered pursuant to the consent of Plaintiff and Defendant:
~flJU~ \j, rn l ~L,\;\
Je 'er D, 'er, Plaintiff
Joan Carey, Attorney for Plaintiff
....v
f2,~/j?"lU-L IT(
Ray I. Miller, ill, Defendant
Family Law Clinic, Attorneys for Defendant
PROPERTY ITEMS
EXHIBIT A
From Shed:
Camp Gear
Gas Lantern, 2 Mountain Pie lronslFork, Hot Dog Sticks, Air Mattress, Marlboro cooking
tools (grill set) red cloth canying case, Colcman Camping Stovc, Bag of cut garden hose and
coppcr pipe,
Hunting and fisl1iJm
All hunting clothes, minnow bucket/net, all fishing tackle mise" 4 or 5 plastic totes, contain
all personal stuff, plastic knife sharpener, fIlel knives, filet board, blue cooler
Automotive
All tools/metal box, car ramps/floor jack, bag of softballs, baseball equipment/bats, baseball
glove, and spikes, 2 battery chargers
Misc.
Small microwave (Dave's), clip for ,303 above door in shed, film projector/screen, card
board box of speakers and car audio equipment, Mr. Miller's bicycle, Mr. Miller's mail
Bedroom
Binoculars, desk from Mr, Miller's grandfather, tape player/radio, Steeler's paraphernalia,
Steeler's trolls, autographed Yankees basebal~ Lamp, all Mr, Miller's papers from filing cabinets
(birth certificate, pay check stubs, and copies of past tax fonns), I filing cabinet.
Closet
walkie-talkies and jacks in box, Marlboro poker set, Trivia Pursuit Game, Box of albums,
winter boots, good dress shoes, Steeler's mug, all speakers tapes, Black hawk, Outlaws, Henry
Pau~ etc., all other tapes that belong to Mr. Miller, relaxation tapes, 24 hour a day Book,
Language of Letting go, Marlboro rain gear, bar stool (for guitar playing), Mr, Miller's wedding
band, video cassettes (moves Mr, Miller taped, Diehard, Tim Allen, etc,), deer horns/framed
picture of deer and Mr, Miller, music books: Reo Speed Wagon, chord charts/ old note books with
songs, year books! Marworth folder with recovery notes, personal Christmas ornaments first sober
Christmas, Steeter's Christmas bulb, etc" TV in shed (either floor model or one from bedroom),
trout fillets and deer meat from freezer, Marworth coffee mug (provided Ms, Miller can find it in
the cupbo~rd), baseball and softball trophies, Marlboro big blue stoneware coffee mugs, Panasonic
shockwave radio, some of the pictures of the kids, all pictures of Nicole, second set of pots and
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and cndangcring thc childrcn
6, Aftcr Fathcr Iilcd fllJ' custody, Mothcr assurcd rathcr that shc had sought
trcatmcnt I'llI' hcr alcllhlll and drug problcms, and that shc no longer llsed
drugs or abuscd alcohol.
7, At thc conciliation confcrcnce, on Novcmber 16,2000, the parties reached
agrcemcnt rcgarding custody, which was cntered as a Court Order, signcd by
Thc Honorablc Edward E, Guido, for George E, Hoffer,
H, Thc Novcmber 20,2000 Custody Order is attached hereto as Exhibit A, It
providcs that Mother shall have primmy physical custody and Father will
havc pcriods of pmtial physical custody every other weekend and Thursday
cvcnings,
9, The Order also prohibits either pmty from being under the influence of illegal
drugs or intoxicated from alcohol during the time that they have custody of
the minor children,
10, On Thursday, Janumy 11,200 I, Father exercised his Thursday evening
custodial period with Justin and Jessica, Mother and Father agreed that he
would retul11 the children at 9:00 p,m. When he attempted to return the
children at 9:00 p,m" Mother was not home, Father waited with the children
for an hour outside Mother's residence, but Mother never retul11ed, Father
thcn took the children back to his residence for the night.
II, Father did not hear from Mother until 7:30 a,m. on Friday, January 12,2001.
At that time, she left him an unini.~lIigible telephone message, in which.
Mother sounded under the influence of alcohol and/or drugs,
2
"-'
12, Father believes that Mother was out drinking and/or using drugs the evening
of January I I, 200 I, Mothcr has a history of abusing alcohol and/or drugs,
and, in the past, has required treatment for such abusc,
13, The children have told Father that Mother is frequently intoxicated in front of
them and that they believe she is using drugs,
14, Based upon his concerns that mother is abusing alcohol and drugs, Father has
not returned the children to Mother,
15. Cumberland County Children and Youth Services ("CCCYS") has an active
investigation regarding Mother, CCCYS has receivcd referrals relating to
Mother's alleged alcohol and/or drug use,
16, CCCYS has recommended that the children not bc rctuIllcd t() Mother,
because the agency has substantial conceIllS about \1L>ther.s drug and/or
alcohol use,
17, Dawn Turner is the maternal grandmother of the childn:n,
18, On or about Tuesday, January 9, 2001, Dawn TlIIller was in \'lother's
residence, when the children were at home, M~, TlIIllcr bdie\'ed 1-.'lother to be
under the influence of alcohol and/or drugs at that time O\'cr Ms, Turner's
objection, Mother put the children in her car and dro\'e away from her
residence in this condition,
19, Father believes that Mother is currently abusing dl1lgs and10r alcohol and that
she is a danger to the children, He believes that Mother requires intensive
drug and/or alcohol counseling before she can care for the children properly,
3
20, Fathcr also bclicvcs that cmcrgcncy rclicfis ncccssary, bccausc Mother has
alrcady dcmandcd thc rctul11 of the childrcn, Father has kcpt the children
homc li'OI11 school today, JanualY 12,2001, bccausc of conccl11s that Mothcl'
would rcmovc thc childrcn from school.
21, Fathcr bclicvcs .md avcrs that it is in thc best interests of the minor childrcn
that Falhcr bc grantcd lcmporalY sole physical and shared legal custody of the
childrcn until further Ordcr of COLU1, because:
a) Mother is abusing alcohol and/or drugs and is a danger to the children;
b) Mothcr is frcquently intoxicated in front of her children and has served
alcohol to Justin (10 years of age);
c) Cumberland County Children and Youth is conducting an investigation
into this matter and has recommended that Father not retUl11 the children
to Mother at this time;
d) Mother does not provide adequate care or supervision for the two
children;
e) Father is ready, willing and able to take custody of the children; and
f) Father can provide for the moral, emotional, and physical needs of the
children,
4
The Cumberland County SheriIT's Department shall attempt 10 make scrviee al thc
plaintiffs rcquest and without prc-payment or fccs, but scrvicc may bc accomplished under any
applicablc rulc of Civil Proccdurc,
This Ordcr shall be docketcd in thc ollicc of the Prothonotary and forwarded to thc Shcriff
for scrvicc, The Prothonotary shall not scnd a copy of this Ordcr to thc defendant by mail.
Thc appropriate police departments will be providcd with cel1ificd copies of this Order by
the plaintiff's attorney, This Ordcr shall bc cnforccd by any law cnforcemcnt agcncy whcrc a
violation,,'. ~urs by arrcst for indirccl criminal conlt:mpt without warrant upon probablc cause that
this Ordcr has been violated, whcther or not the violation is conunitted in the presence of the
police officer, In the event that an arrcst is made under this section, the defendant shall be taken
without unnecessary delay before the court that issued the order. When that court is unavailable,
the defendant shall be taken before the appropriate district justice, (23 Pa,C,S, 96113),
By the Court,
Jennifer D, MilicI',
IN THE COURT OF COMMON PLEAS OF
PllIintiO'
and on behlllf of her minor childrcn:
Justin, Jamie, and Jessicll MilicI'
vs,
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 98- 3','- ~/ CIVIL TERM
Ray I. Miller, Ill,
Dcfendant
PROTECTION FROM ABUSE
: AND CUSTODY
J>I~T1TION FOR PROTECTrON ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. ~ 6101 et seq.
A, ABUSE
1. The plaintiff, Jennifer D. Miller, is an adult individual whose permanent residence
. is located at 8 Cornman Drive, Carli~le, Cumberland County, Pennsylvania 17013,
2, The plaintiff is temporarily staying at an undisclosed location her own protection
and the protection of hcr children, and to avoid further abusc as is more fully sct forth herein,
This address will be furnished to the court upon requcst.
3, The defendant, Ray 1. Miller, III, (SSN: 168-48-3486)(Date of Birth: 8/11/61), is
an adult individual residing at 8 Cornman Drive, Carlisle, Cumberland County, Penn~'Ylvania,
17013,
4, The defendant is the plaintiff's husband and father of the children,
5, Since approximately December 1989, thc defendant has attempted to cause and has
intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, falsely imprisoned the
plaintiff pursuant to 18 Pa,C,S. ~ 2903, physically abused the minor child, Justin, has placed the
1
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,
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.
plaintiiTin rcasonablc fcar of inunincnt scriolls bodily injul)', and has knowingly cng:lgcd in a
course of conduct or rcpcatcdly committcd acts toward thc plaintifr and the minor child, JIL~tin
under circumstanccs which havc placed lhc plaintilr and thc children in rcasonable fcar of bodily
injUlY, This has includcd, but is not limitcd to, the following specific instances of abuse:
a, On or about June 20, ] 998, the defendant forcefully pushed
Justin R, Miller, the partics' scvcn-year-old son, causing him to hit
thc bedroom door and aftcr he got up and ran from his fathcr, the
child fall into the bathtub, The defendant grabbed the child by the
arm and forccfully pulled him out of the bathtub causing bruises,
The plaintiff called the police who rcsponded by making the
dcfcndant leave the residence until the following morning, The
plaintiff took the three childrcn and left the marital residence, and
has not returned since that time.
b, On or about June ]5, ]998, when the defendant tried to kick
Justin, the partics' seven-year-old son, in the buttocks, but recklessly
kicked the child's hand instead causing him to have a red and
swollen finger,
c. In or about June, 1998, Justin, the parties' seven-year-old
son, told the plaintiff that the defendant had hit him in the head
with a rubber shoe because he would not eat his breakfast causing
the plaintiff to fear for the child's safety,
2
d, In ur about thc wintcr of 1997, thc dclcndant grabbcd and
pushcd the plaintiff into a wall hitting hcr head ;mcl thrcw objccts at
hcr causing her to havc bruiscs,
c, On or about Fcbruary 28, 1996, thc dcfendant slappcd thc
plaintitf in thc face, scratchcd her facc, and then push cd and chokcd
hcr,
f, In or about April 1995, thc defendant forcefully shovcd thc
plaintiff and restraincd her preventing her from leaving the residencc
and causing her to fear for hcr safety.
g, In or about July 1995, thc dcfendant pickcd up thc plaintiff
and thrcw her down a hill causing her pain,
h, On scveral different occasions since December 1989, the
defendant has pushed, choked, slappcd, and kicked the plaintiff,
The defendant has punched and broken a car dashboard, punched
walls and beaten trees with a baseball bat causing thc plaintiff to fear
for her safety and the safety of her children, On several different
occasions, the defendant has taken wires off of the plaintiff's car so
that she couldn't leave the residence, On one occasion in 1992, the
defendant forcefully shoved the plaintiff into a kitchen counter
causing her to break of thUJ11b,
3
6. On or :lboul June 21, 1998, lhe phlinliO' :lOll the lhree minor children lell lheir
residcncc :It 8 Comm:ln Drive, Carlisle, Cumberl:lnd County, Pennsylvani:l, in order to avoid
further abusc.
7. Thc plaintiff believes and thcrefore avers that she and the minor childrcn arc in
immediate and present danger of abuse from thc defendant should thcy return to the without the
defendant's exclusion and that they are in need of protection from such abuse.
S. The plaintiff desires that the defendant be prohibited from having any direct or
indirect contact with the plaintiff including, but notlimiled to, telephone and written
communications, except for the limited purpose of facilitating custody arrangements,
9. The plaintiff desires that the defendant be enjoincd from harassing and slalking the
plaintiff, and from hamssing the plaintiff's relatives, or the minor children.
10. The plaintiff desires that the defendant be enjoined from damaging or destroying
any property owned jointly by the parties or owned solely by the plaintiff.
B. EXCLUSIVE POSSESSION
11. The home from which the plaintiff is asking the Court to exclude the defendant is a
mobile home which the parties have resided in togcther since June 1997.
12. The plaintiff cUlTently has no permanent place to stay with her children except the
marital home, and the defendant has two sisters in the area with whom he can stay.
13. The plaintiff desires possession of the marital home so as to give the greatest degree
of continuity to the lives of tile children and to allow them to continue their education at their
schools and to continue their school and social activities.
4
Plain lilT, defendant,
Justin and Jessica Miller,
and Nicole MilicI'
44 Belly Nelson Ct., 111J2
Carlisle, P A
818/94 to
8/95
Plaintiff, Justin ,lnd Jcssica 1698 Walnul Bottom Rd.
Miller, and Robert and Betsy Carlisle, P A
Floyd (p/aintitrs parents)
8/95 to
9/95
PJaintilT, Justin and IS31 Walnut Bottom Rd. 9/95 to
Jessica Miller, ApI 1/1, Carlisle, PA 12/95
and Bobby floyd
(plaintiff's brother)
Plaintiff, defendant, various hotel rooms in the 12/95 to
Justin and Jessica Miller area 2/96
Plaintiff, Justin and 1698 Walnut Bottom Rd. 2/96 to
Jessica Miller, Robert and Carlisle, P A 5/96
Betsy floyd
Plaintiff, defendant, Justin 7 Pinc Rd. 5/96 to
and Jessica Miller Mt. Holly Springs, l' A 2/97
Plaintiff, Justin and 1698 Walnut Bottom Rd. 2/97 to
Jessica Miller, Robert and Carlisle, P A 4/97
Betsy floyd
Plaintiff, Justin and IS3I Walnut Bottom Rd. 4/97 to
Jessica Miller Apt. 113, Carlisle, P A 6/97
Plaintiff, defendan~ JUstin 8 Cornman Dr. 6/97 to
and Jessica Miller Carlisle, P A 11/6/97
Plaintiff, defendan~ Justin, S Cornman Dr. 1116/97 to
Jessica, and Jamie Miller Carlisle, P A 6/20/98
Plaintiff, JlIlItin, Jessica, undisclosed location 6/20/98 to
and Jamic Miner present
The plaintiff, the mother of thc children, CUll'cnlly rcsides al an undisclosed location.
G
a. The plaintiff is a responsiblc parent who c:ln best lakc care of the
minor children, and has provided for thc cmotional and physical nceds of thc
children since thcir births.
b. The dcfendant has shown by his abuse oflhe plaintiff that he is not
an appropriate role model for the minor children.
c. The defendant's behavior has adversely affected the children.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7, 1976,23 Pa.C.S. 96101 et ~., as amended, the plaintiff prays this Honorable Court to grant
the following relief:
A. Grant a Temporary Ordcr pursuant to the "Protection from Abusc Act:"
1. Ordering thc defendant to refrain from abusing the
plaintiff or the minor children or placing them in fcar of abuse.
2. Ordering the defendant to refrain from having any
dircct or indirect contact with thc plaintiff including, but not limited
to, telephone and written communications.
3. Ordering the defendant to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's relatives and
the minor children.
8
4. Prohibiting lhc defendant from damaging or
destroying propcrty jointly own cd by thc partics or owned solely by
thc plaintiff.
5. Granting posscssion of thc homc located at 8
Cornman Drive, Carlisle, Cumberland County, Pcnnsylvania, to the
plaintiff to the exclusion of the defend.1nt pending a final ordcr in
this malter.
6. Ordering the defendant to stay away from any other
residence the plaintiff may establish.
7. Granting tcmporary custody of the minor children to
the plaintiff.
B. Schedule a hearing in accordance with the provisions of the "Protection from
Abuse Act," and, after such hcaring, cntcr an order to be in cffect for a period of one year:
I. Ordering thc dcfendant to refrain from abusing the
plaintiff or the minor children or placing them in fear of abuse.
2. Ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff including, but not limited
to, telephone and written communications, except to facilitate
custody arrangements.
9
3. Ordering lhe dcfcndant to rcl/'ain Irom harassing and
Sf.llking the plainliff and from harassing thc Jllaintill's relativcs and
the minor children.
4. Prohibiting the defendant from damaging or
destroying any property jointly owned by the parties or owned solely
by the plaintiff.
5. Granting posscssion of the home located at S
Cornman Drive, Carlisle, Cumberland County, Permsylvania, to the
plainliff to tile exclusion of the defendant.
6. Ordering the defendanf to stay away from any othcr
residence the plaintiff may establish.
7. Ordering the defcndantto pay $250.00 to reimburse
one of Legal Services, lnc.'s funding sources for the cost of litigating
this case.
The plaintiff further asks that this Petition be filed and served without payment of fees and
costs by the plaintiff, pending a further order at the hcaring, and that certified copies of this Order
be delivered to the appropriate police departments which have jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just :lnd proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
20. The allegations of Count I above are incorporated herein as if fully set forth.
10
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