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HomeMy WebLinkAbout01-0440 FX - .. ~ ~ .' I. "",,",<; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYL VANIA ROBERT A. MILLER, Plaintiff, Civil Action At Law easeNo.~I- '1"/0 Co~l ~ CUSTODY YS. MARSHA C. MILLER, Defendant, COMPLAINT FOR enSTODY 1. The plaintiff is Robert A. Miller, currently residing at 605 B Street Enola Pa. 17025 in the County of Cumberland, Commonwealth of Pennsylvania 2, The defendant is Marsha Miller, currently residing at 810 North Middleton Road Carlisle, P A. 17013 in the Connty of Cumberland. 3. Plaintiff seeks custody of the following children: Name Address Age Brittany Miller Cheyenne Miller Austin Miller 605 B Street Enola Pa. 17025 605 B Street Enola Pa. 17025 605 B Street Enola Pa. 17025 10 yrs. 4 yrs. 2 yrs. 4. The children were born within wedlock. 5. The children is presently in the custody of the plaintiff, Robert Miller who resides at 605 B Street Enola Pa. 17025 in the Connty of Cumberland, Commonwealth of Pennsylvania ,,' 6. During the past ten years the children have resided at 605 B Street Enola Pa. 17025 in the County of Cumberland, Commonwealth of Pennsylvania During the last one and a half months the children have resided primarily with plaintiff. 7. The biological mother of the children is Marsha C. Miller, who currently resides at 810 North Middleton Road Carlisle, PA. 17013 County of Cumberland, Commonwealth of Pennsylvania. 8. The mother is currently separated from the father for approximately one and a half months. 9. The father of the children is Robert Miller who is currently residing at 605 B Street Enola Pa. 17025 in the County of Cumberland, Commonwealth of Pennsylvania 10. The father is separated but currently remains married to the mother. 11. The relationship ofthe defendant to the children is that of a biological father. 12. The Defendant currently resides with the following persons: Name Martha Stauffer Relationship Mother 13. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe child in this or another court. 14. The plaintiff has no other information of a custody proceeding concerning the Children pending in a Court ofthis Commonwealth. 15. Plaintiff 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. ,."".~ "'II!.!IoiIlioI_ ~ ,~,~ , ' " '0 '_ , " "", "t:< 16, The best interest ofthe children and permanent welfare of the children will be served by Granting tfue relief requested because: (a) The defendant to this action has abandoned the marital residence and left behind the biological children, and since such time has not made any efforts to provide physical or emotional support for the children named herein. (b) The children currently resides with their father in the home where they have been raised since their birth and within which they feel a sense of comfort, permanency, and familiarity. (c) The plaintiff father has been, and continues to be the primary caretaker and caregiver to the children since her departure from the marital residence. (d) Plaintiff, believes and therefore avers that she can continue to provide a predictable and stable lifestyle of which, the children have become accustomed, and will continue to be in the best interest of the children during their formative years and throughout their life. WHEREFORE, Plaintiff, Robert Miller, respectfully requests for the aforementioned reasons, that the court grant and award primary physical custody of the children to the plaintiff for the reasons as cited herein. VERIFICATION I verifY that the statements made in this Complaint 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. ~~ //led Date: / ~ /15 --CJ ) . ~,' , . J. ;.;,o",:;,"'_ldE;I.,,: AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available 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. BY THE COURT: Date: J. L -. ~ ']\0' ... _ .._4 ROBERT A. MILLER PLAINTIFF V. MARSHA C. MILLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-440 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 25th day of January, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbnrg, PA 17055 on the 15th day of February ,2001, at 3:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Dawn S. Sunday. Esq~ Custody ConciliatorlN 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 an'angements 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 TIIE 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 ~ ..-- ~ 'l ^," ~ ,,7, ~ .,. , -, ~ ~",- ~-->"~ ~"'~' '~ ~' '~-- '.."'~<'- ,~-,"""""='--~ ~.~~-~~,. ~ . 'J'''''-'''''''''''''',h- FILED-{)fF1GE 0"" "P ''',", '"nYIP''''-I^'RY r : rt.., ~_.," ',.' ~ J\.Y~U .1'\ ~ 0\ J~,N29 Pi'i 1:5\ CUMBEF\\JNLJ COUI'-lTY PENNSYLVANIA IJ9,01 /q-/ (~j /':J9t?/!7 -;2 c-#1:.:f /1'[vJ6!c/ j..'t! 'II} 0< 1.(J/ ;> v, .. /1 C "'11 /~(~ /J , ~ i-J-/-- /l1tZ~ ~ ,'.?"/! .j'~fl ~ ~'If7' /;' C:zf S~t)- 'iWlI!IllI~IJ.~g!Jl!!~"",,,,,,,,,,,, _~,~,(~1t"'l~ ".,_.Ji!I.;'_lliffl'"",r'1l'~'i",~!i1,l{;~I11m'iif~,<,~-,Oc]),~H,ni',O"]"J-'lW~'ffl!'i:!~~~~'N~!;!"m!}mW~"jO'-+f ''f'\~~~~~~~ , '~ (' . " : - ,- ;'''':~ "" ,.. .. " ROBERT A. MILLER, : IN THE CXlURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYL VilNIA . . . vs. : NO. 01-440 CIVIL TERM : MARSHA C. MILLER, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . OODER OF COORT AND rDlJ, this II~ day of consideration of the attached CUstody and directed as follows: ~ Conciliation , 2001, upon Report, it is ordered 1. The Father, Robert A. Miller, and the Mother, Marsha C. Miller, shall have shared legal custody of Brittany Miller, bom November 20, 1990, Cheyenne Miller, bom September 24, 1996, and Austin Miller, born October 10, 1998. 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. 3. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial physical custody on altemating weekends from Friday at 4:00 p.m. through Sunday at 6:00 p.m., beginning Friday, April 6, 2001. 5. The parties shall share having custody of the Children on holidays as follows: A. CIIRIS'l'MAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. B. EASTER/TBANKSGIG: The parties shall equally share having custody of the Children on Easter and Thanksgiving each year, with the specific times for exchange to be arranged by agreement. C. CHILDREN'S BIRTHDAYS: The parties shall equally share having custody of all three Children during all non-school time on each Child's birthday, with the exchange time to be arranged by agreement. .. .~ -,~ - I.-'~ ;~ ~ J." t. D. TRICK-<R-TREAT NIGHT: Each party shall be entitled to have custody of the Children for Trick-or-Treat night in his or her community each year. In the event Trick-or-Treat falls on the same night in both communities, the parties shall alternate having custody of the Children. E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with the specific times for exchange to be arranged by agreement. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. At such time as the Mother obtains a residence which will accommodate the needs of the Children for more expanded periods of custody, the Mother's counsel may contact the Conciliator to schedule an additional CUstody Conciliation Conference to review the custody arrangements. 7. The Mother shall have custody of the Children for any period of time during which the Father is serving a period of incarceration, subject to the following conditions: A. In the event the Father is imprisoned for a period of 29 days or less, the Father's primary custodial status shall be suspended during the period of incarceration and automatically reinstated at the time of the Father's release. B. In the event the Father is imprisoned for a period of 30 days or more, primary physical custody of the Children shall automatically transfer to the Mother under this ~der. Counsel for either party may contact the Conciliator to schedule an additional CUstody Conciliation Conference at the time of the Father's release in order to review the custody arrangements and school enrollment issues. C. Unless otherwise agreed between the parties, if the Father's minimum sentence is 74 days or less, the Mother shall not change the enrollment of the Children frcxn their current school in the East pennsboro school district, without Court approval, until such time as the Father's actual prison term exceeds 74 days. D. Unless otherwise agreed between the parties, in the event the Father's minimum sentence is 75 days or longer, the Mother may change the enrollment of the Children to the school district in which the Mother resides at any time after the Mother assumes primary custody of the Children. E. The parties shall cooperate in making adjustments in the Children's school enrollment by agreement in order to serve the Children's interests under the circumstances. 8. The party receiving custody shall be responsible to provide - :.; -,~,,' "\ r , transportation for exchanges of custody under this Order. 9. 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 mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. oY C~ -1)' cc: Gregory S. Hazlett, Esquire - Counsel for Father ?- - 0 peggy Hale and Teri , ,. 0'''' ". tal,'-' ;':"i .. ROBERT A. MILLER, : IN THE CDURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 01-440 CIVIL TERM . . . MARSHA C. MILLER, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . CUSTODY CCNCILIATI<J!>l SUMMARY REl'CRl' IN AaDRDANCE WITH CUMBERLAND CXXJNTY 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 Brittany Miller Cheyenne Miller Austin Miller November 20, 1990 September 24, 1996 October 10, 1998 Father Father Father 2. A Conciliation Conference was held on April 5, 2001, with the following individuals in attendance: The Father, Robert A. Miller, with his counsel, Gregory S. Hazlett, Esquire, and the Mother, Marsha C. Miller, with her counsel, Peggy S. Hale and Teri Henning, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Dat~ 9 rl-ooJ I c!l._4L~ Dawn S. Sunday, Esquir Custody Conciliator