HomeMy WebLinkAbout01-0061 FX
,
ANDREW HUMMER
PLAINTIFF
V.
SHERA MARIE MILLER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-61 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 5tb day of January, 2001, upon consideration of the attached Complaint,
it is hereby directed tbat the parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator,
at 39 West Main Street, Mecbanicsbnrg, PA 17055 on the 6tbdayofFebruary ,2001, at11:00 a,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 1HE COURT,
By: /s/
Dawn S. Sunday. ES'f~
Custody Conciliato1\..
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
HA VB 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
,'%'r , ~_ '"
1"'"1
-
, ~"
~
"
'. ~,,-
'O>"'!.o-' <," -'" ",' -,,;;<' ''':'~' ,-,.".." . .'- tc,"' ~"' ""'~"'~~'<"_.'",*li.i:'i1l.r,;>'''\''t~:~~'~-:O~'2;! ji'it:
~Jp 2r~W/~ )67-$-/
_~ % ~W ~~ IcJ-p-f
~j? ~~ 4v -/0/ /(?-},(
\i\NV/,~,^s;"~r{3d
.....". I>~'" "-,\ 1.",,,1I\t'-"l i,
,AJ.Nn\..;~,: . :l'i,; ,,'l'--:C:H l,,-~
,",,', .r' ),11 G~ H \ 0
'j (t .(., ,"_, I..) .
J...,n
. ~~ ~. '..~ ","" ._~~ ,.,...
".
, ",I:.l ,~~""""W'",,,~;-,,:'tl"'i";~-"""""""''-'~''7~-,~~~~mt;IIlWi''''jm'iFf-l1~lWJl-'F~;S~':!'I~lm"lif;-
b
,
&i
~i
I:'
~i
if
~'
~.
~'J
,0'
~_i
~j
~j
~;
~j
~~
r':
L~
~'j
f':1
,"
~--.!
,,i
v:
H
,:"
~~ 'i
,"
r,-'
'"
t;:~
r'ji
Co
[1;
f:
l:;
r;
,-,
;/
"
ii-O,
!'ii SAIDIS
~i SHlJFI\tiNDFLOWER
"",I & SAY
r'i!]
['J'
~-;i
n;
~:;,
A1'IODI~.lAW
26W.BlghSlreet
Carllo1e,PA
-'j
c:\wp51 \hyde\complaint.cus file #5310-97-01 December 5,2000
I
ANDREW HUMMER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V5.
CIVIL ACTION - LAW
NO. OJ-(Pl CIVIL ACTION
IN CUSTODY
SHERA MARIE MILLER,
Defendant
ORDER OF COURT
AND now, this
consideration of the" attached Motion,
respective counsel appear before
day of , 2000. upon
It is hereby directed that the parties and their
, the conciliator, at
, on the day of , 2000,
at o'clock 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. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent order.
For the Court,
By:
Custody (;onclllator
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, Pennsylvania 17013
(717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County, Pennsylvania. 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 be
made at least 72 hours prior to any hearing or business before the Court.
By the Court,
Date:
J.
-
SAIDIS
SHUffi. !!OWER
&lJl'luSAY
~
26 W. HIgh Street
Carllsle,PA
11
hummer custody complaint
November 30, 20GG" ~b
ANDREW HUMMER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 200t _ (.,{
VS.
CIVIL ACTION
SHERA MARIE MILLER,
Defendant
IN CUSTODY
COMPLAINT FOR CUSTODY
1, The Plaintiff is ANDREW HUMMER, residing at 206 a Lincoln Street,
Carlisle, Cumberland County, Pennsylvania,
2, The Defendant is SHERA MARIE MILLER, residing at 50 East
Barrens Valley Road, Dillsburg, York County, Pennsylvania.
3, The Plaintiff seeks custody of the following child, BREEAHNA
GABRIELLE HUMMER, born February 21, 2000, who resides with mother, SHERA
MARIE MILLER, residing at 50 East Barrens Valley Road, Dillsburg, York County,
Pennsylvania.
The child was born out of wedlock.
The child is presently in the custody of mother, SHERA MARIE MILLER,
residing at 50 East Barrens Valley Road, Dillsburg, York County, Pennsylvania.
During the past five years, the child has resided with the following persons
and at the following addresses:
NAME
ADDRESS
FROMITO
Shera Marie Miller 50 East Barrens Valley Rd.
David and Shirleen Miller Dillsburg, Pennsylvania
(maternal grandparents)
Carrie and Mike Kreeger
(maternal aunt and uncle)
Raven Berry and Damien Kreeger
(cousins)
Birth to 3/20/00
i;
~
~
fj
11
~
II
IJ
~
Ii
n
Ii
tJ
t~
~
',1
~
~ii
ff,
I:
I;
i,j!
It!
!~Ji
1.'1
I"
r-:J
Iii
Ifi
Iii
l'~!
I\~
li.:I'
i<
I
Iii
[ii
:H
I':
1/
Ii'
11il
I,-J!
I:;!)
i--:;
f':Jj
111
j-~
",I
;1~
~l
SAlOIS
S~~
jl.IJ"........".KmAW
;~
26W.BlgJ,Street
Carlisle, PA
!'J
! '~'I
Ii
! 'I
l ~,I
::1
c:\wp51\hyde\complaint.cus file #5310-97-01 Janm.-ry 2,2001
NAME
ADDRESS
FROM/TO
Shera Marie Miller
Andrew Hummer
526 Chestnut Street
Mt. Holly Springs, Pennsylvania
3/20/00 to 7/2000
Shera Marie Miller
Andrew Hummer
206 A Lincoln Street
Carlisle, Pennsylvania
7/2000 to 11/25/00
Shera Marie Miller 50 East Barrens Valley Rd.
David and Shirleen Miller Dillsburg, Pennsylvania
(maternal grandparents)
Carrie and Mike Kreeger
(maternal aunt and uncle)
Raven Berry and Damien Kreeger
(cousins)
11/25/00 to present
The mother of the child is SHERA MARIE MILLER, residing at 50 East
Barrens Valley Road, Dillsburg, York County, Pennsylvania.
She is not married.
The father of the child is ANDREW HUMMER, residing at 206 a Lincoln
Street, Carlisle, Cumberland County, Pennsylvania.
He is not married.
4. The relationship of the Plaintiff to the child is that of Father. The
Plaintiff currently resides with no other person.
5. The relationship of the Defendant to the child is that of Mother. The
Defendant currently resides with the following person(s): David and Shirleen Miller
(maternal grandparents), Carrie and Mike Kreeger (maternal aunt and uncle),
Raven Berry and Damien Kreeger (cousins).
2
.:'
:1
,~
1:
'"
ii'
::)
\~
\1
L~
~
"',
,:,~
;:~
':I
i-oj
I;:
f':
'I
,
i!
^:-;i
-f"
~l S~WER
r~ &UNUSAY
,~_! .-\1'IUIlNm..o'olAW
uw.mghSto-eet
CarllsIe, PA
II
c:\wp51\hyde\complaint.cus file #5310-97~G1 December 5,2000
6. Plaintiff has not participated as a party or witness, or in any other
capacity in other litigation concerning the custody of the child in this or another
jurisdiction.
7. The Plaintiff has no information of a custody proceeding concerning
the child pending in a court of the Commonwealth.
8.
The 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.
9.
The best interest and permanent welfare of the child will be served by
granting the relief requested because:
a)
The Plaintiff can best provide for the spiritual,
physical and emotional needs of child.
10. Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child has been named
as parties to this action.
WHEREFORE, the Plaintiff requests this Court to grant primary physical
custody of the child to the Plaintiff.
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
3
"
~
i
~,
.-'
"
~
~;;
!~
i~
J
~~
,^.'
,:.;
~
;%
~l
"'-,
"
.:ii
::;
\""
",
',,;i
ii
:'1
;~;!
_i1
;:i,'
"
'H'
,,;.,
~j SAIDIS
SHUFFuNW'WER
il & SAY
~IAW
;'1
','J,'i
,:".1
''-;!
26 W. High street
Carlisle, PA
",-i
II
c:\wp51\hyde\comp1aint.c~s file #5310-97-01 'Decembet5,2000
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct, I understand that false statements herein are made subject to the penalties of 18
Pa. C.S. ~ 4904, relating to unsworn falsification to authorities.
~4~1L-y---
Andrew Hummer
Date: /2./tllJn
I
IV"
ANDREW HUMMER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBER LAND COUNTY
: PENNSYLVANIA
v.
2OO/-/'1
: CIVIL TERM NO.~9i-6t
JAN 1 3 2004
SHERA MARIE MILLER,
Defendant
CONSENT ORDER PURSUANT TO
PAR.C.P, NO. 1915,7
1'1 k
AND NOW, TO WIT, this
day of
1~/
,2004, pursuant to the
-J
,I
Stipulation and Agreement of the parties, it is hereby ORDERED, ADJUDGED, and DECREED,
~:
':"
<,
as follows:
1, The parties are the parents of the following minor children, TO WIT:
Name
Address
Birth Date
Breeahna Gabrielle Hummer
50 E. Barrens Valley Rd.
Dillsburg, P A 17019
February 21, 2000
Cheyenna Mae Hummer
50 E. Barrens Valley Rd,
Dillsburg, P A 17019
March 5, 2001
2. "Legal Custody," as that term is defined in the "Pennsylvania Domestic Relations
Code", 23 Pa.C.SA Section 5301 et seq. is to be shared by the parties. Joint legal custody means
the right of both parents to control and to share in making decisions of importance in the life of their
Children, including educational, medical, and religious decisions. Each party shall notify the other
of any medical, dental, optical, and other appointments of the Children with health care providers,
sufficiently in advance thereof so that the other party can attend, Both parents shall be entitl~ to
equal access to the Children's school, medical, dental, and other important records. As soon as
practical after receipt by a party, copies of the Children's school schedules, special events
notifications, report cards, and similar notices shall be provided to the other party. Notwithstanding
~1j
'"
t';'"'",~~Il'fnII!!'~'_"'"
~~ "
. ,,~.
,..
o __ ,"~ "
\-h>,~ \/t-l,!..,'73';"11,~" \'::k\
I "'" ''''I " ",,,.,"r,r"\
i\,U',l1\~) _ .~:'~>'.'i'r'l IJ
hf' ,f'- I' ,I
,v ,r" :'-':;J
\1 \ t,\\il' 11iltiZ
.\L.!,\:.i\i',;;.,\......'ll.-!l'-..U.l ::U..ll
! \1_,,- _~"" ,\~ i 1.1.VUiJ _Il'
]:)\:\:IO-GTi\:J
.
1II.A11.lI..-W-l'l"!WfI~l1!'-"
", ""-""""1"'1,"''-'1'-'
._..11.... ,'_d._",,;"
l"'i{l'~(,'2-",:I'?f1"'tr"'Tr-'~g""'i't1f~:';'t,
~;-';";'F-;
:lG
"'.HF,~"tf!,(""FW:W'~'i"'IIHi'~l,
~J~l!lIl,l\!M,_
.-
-,
:i'
that both parents share legal custody, non-major decisions involving the Children's day-to-<iay living
shall be made by the parent then having custody, consistent with the other provisions of this
ORDER
3, "Majority Physical Custody" as that term is defined in the "Pennsylvania Domestic
Relations Code", 23 Pa.C.SA Section 5301 et seq. is to granted to the Mother, SheraMarie Miller.
4. Father, Andrew Hummer, shall have the right to "Partial Physical Custody" and shall
exercise that right in the following manner:
A Every other weekend from Saturday 9:00 AM. until Monday at
5:00 P,M.
B. Every other holiday, being New Year's Day, Memorial Day, Fourth
of July, Labor Day, and Thanksgiving, from 9:00 A.M. to 8:00 P.M.
Father's holiday rotation shall begin with New Years Day.
C During the Christmas holiday, in ODD numbered years, Father shall
have the Children from Christmas Eve, December 24, from 5:00
P,M. until Christmas Day, December 25, at Noon, This provision
shall supercede all other custody schedules.
D, During the Christmas holiday, in EVEN numbered years, Father
shall have the Children from Christmas Day, December 25, at Noon
until December 26, at 6:00 P.M. This provision shall supercede all
other custody schedules.
E. Two weeks during the usual school summer vacation upon 30 days
written notice to Mother. Mother shall have two weeks of summer
vacation upon 30 days written notice to Father. The first in time to
claim weeks shall prevail in the event of a conflict.
r__ ,,"^,.
Ii
I
F. Mother shall have Mother' sDay and Father shall have Father's Day
from Noon to 6:00 P.M, This provision shall superced all other
custody schedules.
G. At all other times mutually agreed upon by the parties. Neither
party shall unreasonably withhold consent regarding this paragraph.
5, Transportation of the children to and from the custodial home shall be by agreement
of the parties.
6. Each of the parties and any third party in the presence ofthe Children shall take all
measures deemed advisable to foster a feeling of affection between the Children and the other party,
Neither party shall do nor shall either parent permit any third person to do orsay anything which
may estrange the Children from the other parent, their spouse or relatives, or injure the Children's
opinion of the other party or which may hamper the free and natural development of the Children's
love and respect for the other parent. The parties shall not use the Children to convey verbal
messages to the other parent about the custody situation or changes in the custody schedule,
7. Each party shall confer with the other on all matters of importance relating to the
Children's health, maintenance, and education with a view towards obtaining and following a
harmonious policy in the Children's education and social adjustments. Each party agrees to keep
the other informed of his or her residence and telephone number, within 24 hours of any such
change, in order to facilitate communication concerning the welfare of the Children and visitation.
Each party agrees to supply the name, address and phone numbers of any persons in whose care the
Children will be on an overnight basis other than with related family members, and for each person
or entity which may provide day care for the Children Furthermore, each parent shall provide to
the other the address and phone number where the Children can be reached in the event either parent
takes the Children from the general area for vacations or other family trips, Neither parent shall
remove the Children from the Commonwealth of Penn sylvania without notification and consent of
the other parent.
8. Emergency decisions regarding the Children shall be made by the parent then having
custody, However, in the event of any emergency or serious illness of the Children at any time, any
-~ --'."
~ ~, ^ , " , L .
~~
:I
'j
"j
!;
~:
~i
:1
\1
.1~
<;
\f
Ii
party then having custody of the Children shall immediately communicate with the other party by
telephone or any other means practical, informing the other party of the nature of the illness or
emergency, so the other parent can become involved in the decision making process as soon as
practical, The term "serious illness" as used herein shall mean any disability which confines a
Children to bed for a period in excess of twenty-four (24) hours and/or which requires the Children
to go to the doctor.
9. The welfare and convenience of the Children shall be the prime consideration of the
parties in any application of the provisions ofthis Order, Both parents are directed to listen carefully
and consider the wishes of the Children in addressing the custodial schedule, any changes to the
schedule, and any other parenting issues.
10, The parties are free to modify the termS of this Order, but in order to do so, the
Court makes it clear that both parties must be in complete agreement to any new terms. That means
both parties must consent on what the new terms ofthe custody arrangement or visitation schedule
shall be. In the event that one or the other does not consent to a change, that does not mean each
follows your own idea as to what you think the arrangements should be. The reason this Court Order
is set out in detail is so both parties have it to refer to and to govern your relationship with the
Children and with each other in the event of a disagreement.
I L Parties agree that the Commonwealth of Pennsylvania shall have jurisdiction of
this case as long as one of the parents resides in the Commonwealth.
IT IS SO ORDERED,
BY THE COURT:
;;P-
~.O~
'?;)~~
o
/lJ.
Judge
II'
ANDREW HUMMER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: CIVn. TERM NO. 201-61
SHERA MARIE MILLER,
Defendant
PETITION TO ENTER CONSENT ORDER
rURSUANT TO PA.R.C.P. NO. 1915.7
AND NOW, TO WIT, this 5'4L-.day ofJanuary, 2004, come the parties, and pray that
this Honorable Court enter the attached Order for the following reasons:
L The Plaintiff is Andrew Hummer, who resides at 415 McClane Road, P. O. Box 82,
Mt. Holly Springs, PA 17065.
2. The Defendant is Shera Marie Miller, who resides at 50 E Barrens Valley Road,
Dillsburg, Pa 17019.
3, The Plaintiff and Defendant desire to enter into a custody arrangement of the
following children, TO WIT:
Birth Date
~
Address
Breeahna Gabrielle Hummer
50 E Barrens Valley Rd.
Dillsburg, P A 17019
February 21,2000
Cheyenna Mae Hummer
50 E. Barrens Valley Rd.
Dillsburg, P A 17019
March 5, 2001
4. The Plaintiff and the Defendant agree that they are voluntarily entering into this
agreement, full knowledge of the consequences, and request this Court to enter the Order
accompanying this Stipulation, which Order memorializes the agreement of the parties. The
Plaintiff and the Defendant consent to the entry of this Order without having to appear in open court.
~~ ,
5. This Order is a change in physical custody and is intended to supercede and replace
prior Order of the Court in this case dated April 9, 2001.
WHEREFORE, the Plaintiff and the Defendant request the Court to enter the
attached Order.
WITNESS:
~/~Li~
/'
't{..:- A..0~ -
.------.
~~~.
Andrew Hummer
-~~-J
Shera Marie Miller
,
:~
'j
!-;
1i
'.1
"l'
\:
ti
i'l
:'1
),1
i:i
'J'
;j,i
"~'I
'I.i
,
,
),"
r:
'"
I'
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF YORK
On this, the '{II... day of f tin.-Un ~ ' 2004, before me, the undersigned
officer, a Notary Public in and for said County and Commonwealth, personally appeared Andrew
Bummer, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the
within instrument and acknowledged that he has executed the foregoing Petition to Enter Consent
Order for the purposes therein contained.
IN WITNESS WHEREOF I have hereunto set my hand and official seal.
tL /91#-
My Commission Expires:
Notary Public
COMMONWEALTH OF PENNSYLVANIA
:SS
COUNTY OF YORK
On th;" tho S-M day of !fMl1~ ,2004, OOfure roo, the """""'"'"
officer, a Notary Public in and for said County and C onwealth, personally appeared Shera
Marie Miller, known to me, (or satisfactorily proven) to be the person whose name is subscribed
to the within instrument and acknowledged that she has executed the foregoing Petition to Enter
Consent Order for the purposes therein contained.
IN WITNESS WHEREOF I have hereunto set my hand and official seal.
!2d/l; J6 [L.j,U;Mif
My Commission Expires:
Notary Public
NOTARIAL SEAL
PAULINE E, DUCKWORTH, NOTARY PUBLIC
CITY OF YORK, YORK COUNlY
M'I COMMISSION EXPIRES DECEMBER 3, 2005
"
,,~
-_",~. ~..."..",~"1'~' ~ ,
.~~
~'>I ,~- "'~"'>",'~""- ""~, '-'h""
,~" ">-J" '~'n'" ""--"<:l' " _'~' 'O,{,'* -'I,~f..k"""Yr'~"""'.~y.j".)'<I" -;c t'\'(l~:;
r - j~ji;'jAiifATof;;;;1
!.1E~~~~i,ii~~~~-n
"'t:CJ; '):.'1"> fn.-':...::
riir'! -;'~ r
:.[,:)~~ ~ jOts
~-~,.- ,':8- '1
G"':' u::o C)o
~< -::!--ri
c- I11
~ :l,"?;. 00
~;~,C; :;JC. ~2-fn
:~~~ -- ~2
~ .,;;:- ::::-c:~
-<. \,.0
~d
H.
'" ,~",""''''r-. _ ~"'!Jlli!lfl"'~Jflij!lffl;'!lJ'iI'f;:1I'!M"~~"F"4'~)'>la,~"',",~,,~,;, ;;""'f;r:-'i1%!Uw:;,~"~!llIffi,f!lii'Iji~I,ij;;Ii,'iif~~fIi!lj;l!IIlI~~~)qf{!
. .
,
ANDREW HUMMER, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. : NO. 01-61 CIVIL TERM
:
SHERA MARIE MILLER, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
ClIDER OF CXXJRT
AND lOl, this c,~
consideration of the attached
and directed as follows:
day of $/,/4-" d /7~
Custody Conciliatio Report,
, 2001, upon
it is ordered
1. A Hearing is scheduled in . ~rt Room # of the
Cumberland County Court House, on the LfLI'J day of ,
2001, at q:.30 o'clock, .f!.....m., at which time testimon will be taken.
For purposes of the Hearing, the Father, Andrew Hummer, shall be deemed to
be the roving party and shall proceed initially with testimony. Counsel
for the parties shall file with the Court and opposing counsel a Memorandum
setting forth each party's position on custody, a list of witnesses who are
expected to testify at the Hearing, and a summary of the anticipated
testimony of each witness. These Memoranda shall be filed at least ten
(10) days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, . the
Father, Andrew Hummer, and the Mother, Shera Marie Miller, shall have
shared legal custody of Breeahna Gabrielle Hummer, born February 21, 2000.
Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions
regarding her health, education and religion.
3. Pending further Order of Court or agreement of the parties, the
parties shall have physical custody of the Child in accordance with the
following schedule:
A. During each week, the Father shall pick up the Child either
from the Mother or the maternal grandparents in the morning at
a time to be arranged by agreement (with the exception of
Monday mornings when the Father already has custody for the
weekend) and the Father shall return the Child to the Mother's
custody before he goes to work in the afternoon at the place
and time arranged by agreement of the parties.
B. The parties shall alternate having custody of the Child on
weekends, beginning with the Mother having custody during the
first weekend in February 2001. The Father's weekend periods
of custody shall run from Saturday rorning at 9:00 a.m.
through Monday afternoon before the Father goes to work.
unless otherwise agreed between the parties, the parties shall
"
~I''''I
~~,
.
, V/M;lA1ASI\1N3d
AlNn0:) n~"cr" ''"1(1'''(1''
" ,~",,' 'C,'Jt11'v1 v
11'1:1; lid 9- 81:110
)\8Vi.C);\!'C.:'i.LU,:.' :
."i"'I' 1(' ~', :., " ' ',i
.-1,) -',j~,I'.)~'._!::J
.~.,
~._4.!l!~-"~,
~ ~"'P
~._I" e '- -~ -"~, ...
,
'_H~ ."
,
LiHT,.'iTIi'I'"1
. ..
,~_ -'~!iIl~c,~,'!lr"~'iN.&"~-:;"'n~~'"'-"''ft''~'~'1IJ'~~~''I!I\!jij!\ltll!l~!!lf!!l" ~~:
. ,
<
share providing transportation for weekend periods of custody,
with the Mother being responsible for arranging transportation
of the Child to the Father's residence on Saturday morning.
4. The parties may modify the temporary custody arrangements set
forth in this order by mutual agreement. In the absence of mutual consent,
the terms of this order shall control.
5. In the event the parties and counsel agree that an additional
Conciliation Conference would be useful in resolving all of the outstanding
custody issues by agreement prior to the Hearing, counsel for either party
may contact the Conciliator to schedule the additional Conference.
BY THE COURT,
Ad-
J.
cc: Carol J. Lindsay, Esquire - Counsel for Father
victor A. Neubaurn, Esquire - Counsel for Mother
,D\
(\ cI ,O~G,
l) 0 ~ ~~
~w_ ""~, ,,',_., .~". q, "i'~ -. I,"
-
. ,
,.
ANDREW HUMMER, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. . NO. 01-61 CIVIL TERM
.
.
.
SHERA MARIE MILLER, . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
CUSTODY CCECILIATICI!l SUMMARY REl'ORT
IN ACCORDANCE WITH CUMBERLAND COONTY RULE OF crvn. PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CuS'J:OIJ~ OF
Breeahna Gabrielle Hummer
February 21, 2000
Mother
2. A Conciliation Conference was held on January 31, 2001, with the
following individuals in attendance: The Father, Andrew Hununer, with his
counsel, Carol J. Lindsay, Esquire, and the Mother, Shera Marie Miller,
with her counsel, victor A. Neubaum, Esquire.
3. The Father filed this petition seeking shared physical custody of
the parties' 11 month old Child. The parties separated at the end of
November, 2000, at which time the Mother moved, with the Child, to her
parents' residence in Dillsburg. The Mother is currently pregnant with the
parties' second child, whose birth is expected in March. The parties
considered several possible custody arrangements at the Conference but
ultimately were not able to agree on an ongoing schedule, even on a trial
basis with a subsequent review. Therefore, it will be necessary to
schedule a Hearing in this matter.
4. The Father's position on custody is as follows: The Father
proposed that the parties share custody of the Child on an alternating
weekly basis. The Father indicated that at the time of the filing of this
Complaint, both parties worked second shift hours and the Child's daily
schedule was adjusted accordingly. Although the Mother has changed her
work schedule to a morning to early afternoon time frame, the Father
believes the Child would have sufficient time over weekends during the
alternating weeks to adjust to the other parent's schedule. Alternatively,
the Father believes that the Mother should return to her prior work
schedule which would maintain a more regular schedule for the Child if the
parties were to share custody on a weekly basis. The Father indicated that
prior to the parties' separation, both parties cared for the Child equally.
Therefore, the Father does not believe that the Mother's current custody of
," "",' _"i""'!""~'~~~~I":'"
, ,<"-,,
.
the Child should be considered the status quo for purposes of resolving the
custody issues. The Father expressed concern about the Mother's mental
health and her continued ability to provide care for the Child, especially
in light of the upcoming birth of the parties' second child. The Father
requests that the COurt enter an order providing for a shared physical
custody schedule on a weekly basis.
5. The Mother's position on custody is as follows: The Mother seeks
primary physical custody of the Child and proposed that the Father have
partial custody on alternating weekends and holidays. The Mother opposed
the Father's suggestion of shared custody. The Mother expressed concern
that the Child is too young to adjust to both households on a weekly basis
particularly in light of the differing work schedules. The Mother stated
that she changed her hours to daytime because the earlier shift, which she
prefers, became available at her place of employment. The Mother stated
that the Child goes to daycare during her work hours and the Child's
maternal grandmother assists in providing transportation. The Mother
indicated that she will be leaving her employment for approximately six
weeks in early March due to the birth of the parties' second child. The
Mother requests that the COurt order that she have primary physical custody
with an alternating weekend partial custody schedule for the Father due to
the Child's young age and need for stability.
6. The Conciliator recommends an Order in the form as attached
scheduling a Hearing in this matter and also providing temporary custody
arrangements pending the Hearing. It should be noted that although both
parties indicated a willingness to try the recommended arrangement on an
interim basis, it is recognized that the transportation arrangements are
somewhat burdensome for the .... Father. There '00 not appear to be any
alternatives to effectuate this particular schedule at this time. It is
expected that the Hearing will require at least one-half day. The
COnciliator is hopeful that after having followed a set custody schedule
for a period of weeks pending the Hearing, the parties may be able to make
the necessary adjustments by agreement without the need for the Hearing.
One difficulty in this case is that the parties separated very recently.
The parties have never tried an established custody schedule which could
give them useful experience in making adjustments that may be necessary for
the Child's benefit.
Date
Rl>~
/ JOo I
I
~A4--d~
Dawn S. Sunday, Esquire
Custody COnciliator
-~, ., , -,' f'
I '. ~ ~,
ANDREW HUMMER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
01-61 CIVIL
CIVIL ACTION - LAW
SHERA MARIE MILLER,
Defendant
IN RE: CUSTODY
ORDER
AND NOW, this lor day of February, 2001, it appearing that the court is
unavailable on April 4, 2001, hearing in the above matter is continued to Thursday, April 12,
2001, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Carol J. Lindsay, Esquire
For the Plaintiff
Victor A. Neubaum, Esquire
For the Defendant
:rlm
1\::>
5\ \ 0\
{\-J1~ "
l5 0':\ ~
";Jij
~ , ,
"- ,';1"".
~.
\//-\IL/"'"
! 1'1 . lt~t'/I /Ir."
/lLiVn,^,r; '~';:!I\!IV::Jd
!'-".,,' (/:\"-;l7,L.r'::;,~
. r""-IC:",p"'1""
.. '-'oj/vr I.....l
~
(:f'1 :[j (.IU
" ,
J ~ I' ,
A.~j~~l
.,;;..,,"
3;)I~'~-,;6~~'o~S':7-~/.J --/0
-~
Sf/LUll)
~,-~-'
",
,~-,.~
'"~
I'~-L~ ','.'--'
',--"- .'.''',,'',
-'<'.:...( ,-," -~&<:.'
X__'';0'"",'''-'
....'~' '
ili".I".'UIIII']C" '!' .
t'5
\L~
.~~_>li!\l"~"",""m,r,1)'~,*'l<JMlffl!I1~l!f~~~lJ!!"~~"",","C" ''"''''~1',~~
I
I
:1
:I
l
~i
:~
~
]
:~
:1
;)1
+i
"i:
'"
"
",
j
q
,
-"-I,
"
'Ii SAIDIS
qj CUT,...,.., D' nu7CD
'" (JuU!!l.!:.LVn""
Iii &UNuSAY
~--~J tlIllJIII'lm..<<4A,W
; ~I
\j
"~
UW.IDghslreet
CarIlsle,PA
"i
I
:i
i)
;,:\
II
c:\wp51\hyde\co~plaint.cus file #5310-97-01 March 22,2001
ANDREW HUMMER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. -i660 01-(., I
vs.
CIVIL ACTION
SHERA MARIE MILLER,
Defendant
IN CUSTODY
AND now, this
CERTIFICATE OF SERVICE
b '2--. day of ~ 4A/I' ~
"
2001, I, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER
& LINDSAY, Attorneys, hereby certify that I served the Defendant, SHERA MARIE
MILLER, on January 20, 2001, with the Complaint in Custody by Certified Mail,
Restricted Deliver, Addressee Only, Return Receipt Requested. addressed to:
Shera Marie Miller
50 East Barrens Valley Road
Dillsburg, PA 17019
and proof thereof, the signed Return Receipt Card, is attached hereto.
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By
Ca I J. indsay, Esquire.
10 # 4 93
26 West High Street
Carlisle, PA 17013
(717) 243-6222
SAIDIS
SHUffi!:'PWER.
' & Lll'llJSAY
ATIUJlNt.Th<!tf.lAW
26W. IDgh_et
Carlisle, PA
>
...
ANDREW HUMMER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V5.
SHERA MARIE MILLER,
Defendant
CIVIL ACTION. LAW
NO. 2.etl1t DI- (P{
CIVIL ACTION
IN CUSTODY
PROOF OF SERVICE
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece
or on the front if space permits. .
1. Article Addressed to:
~ \'f"\~c;. fi\:d 1<;; e.
c:b~5\~1\J<::>
"'\J ~ ~""~
~\LLS e,u.e_fo, p^
nOl~
2. Article Number (Copy from servfce label)
PS Fonn 3811, July 1999
XI
Agent
Addressee
Ves
ONo
D. Is deliveIy address different from item 1?
If YES, enter delivery address below:
3. Servic e
ertified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) as
j)U-lO-~~U
~N-"':'~
1025SS-00-M.0952
Domestic Retum Receipt
~...1_
SAlOIS
S~~
~oIAW
:l6w. HIgIlotrett
CadIoIe, PA
(
. .' __' 0..__-".:-;'- '~'-'-...' ,-,', '""'_..l:....~. .',,, :';"'::'_'_"_ ';" '-. ''-'' .-,_ :-,-',:"';--,"~', ',:::0: :;' ,n;';'.'l:i',,,',"",,o,"'-'- ,-.'. L_,~.';'--'"..".",,,-,,....,{: ',<,.
ANDREW HUMMER,
Plaintiff
V5.
SHERA MARIE MILLER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001 . 61 CIVIL ACTION
IN CUSTODY
ORDER OF COURT
AND NOW this
1#0
day of
'iJ...'/
, 200~,
upon consideration of the within Stipulation of the Parties, the terms of the Stipulation
are hereby made an Order of Court.
By the Court,
7- -d"'-
J.
y
~~
G~ D,D
v;\~
o C,
~
SAIDlS
SHUFF, FLOWER
& LINDSAY
.'..A~..A"'LAW
26 W. High Street
Carlisle. PA
,..:..1 n':;,_
.
ANDREW HUMMER,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001 - 61 CIVIL ACTION
Plaintiff
VS.
SHERA MARIE MILLER,
Defendant
IN CUSTODY
(") 0 0
~ -n
<: ):3> --,,'
-oi:'3 -0 " ..,....'rj
CQ \2.: ;::<J
.?- --'.,,' \
~!!.':'" C"~ i:i\~
~(~ ~ '." '~i
)> ~
z"c;
"'t-~C' c.~J (,5'
""-c .. '---j
They are Andrew Hummer, hereinafter Father, of 206 A LinOOln Streetj;
=2 U'" -<
Carlisle, Pennsylvania 17013, and Shera Marie Miller, hereinafter Mother, of 50 East
STIPULA TlON OF THE PARTIES
The parties hereto stipulate as follows:
1.
Barrens Valley Road, Dillsburg, Pennsylvania.
2. They are the parents of two children, Breeahna Gabrielle Hummer, born
February 21, 2000, and Cheyenna Mae Hummer, born March 5, 2001.
3. The parties shall share legal and physical custody of the children.
4. Father shall exercise custody of the children every week day from
approximately 7:45 a.m. till approximately 2:00 p.m. and on alternating weekends from
9:00 a.m. on Saturday until Monday at approximately 2:00 p.m. when Father will drop
the children off at Mother's residence prior to going to work.
5. Father shall transport the children for his weekday custody times, and
Mother shall provide the children to the Father on alternating weekends when she shall
deliver the children to Father's residence.
6. The parties will share holidays.
7. The parties may modify the temporary custody arrangements set out
herein by mutual agreement, but in the absence of mutual agreement, the terms of the
Order shall control.
'",' ..",,"
SAIDIS
SHlJ!'li~WER
. &.Ul'lvSAY
1lI1'-""'''""",,'L\W
u w. HIgh street
CadIsIe, PA
'"nil:"
" ,-'-'_S:,"
. "e"._,_~ .,' . "-,,,:,,,, " ,,-,,'y,- ',:><':S , ""i;";t'";' :~
,
8. The parties wish the terms of this Stipulation to be entered as an Order
of Court in lieu of the hearing scheduled for April 12, 2001 at 9:30 a.m. In the event
that the Stipulation cannot be executed by both parties and forwarded to the Court by
I. April 4, 2001, the parties agree to a general continuance to permit them to complete
the formality of obtaining a Court Order.
Witness:
~IU01\'~\~-l ~
~~~~
Andrew Hummer
.
. .
Shera Marie Miller
II