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HomeMy WebLinkAbout07-1534GREG W. MILLER, IN THE COURT OF COMMON PLEAS PLAINTIFF V. NO. MELISSA ANN MILLER, : DIVORCE ACTION DEFENDANT NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at (717) 240- 6195, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17103 (717) 240-6195 ? f GREG W. MILLER, PLAINTIFF V. MELISSA ANN MILLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-7--z-- 1 Sri y c;, j '?cr DIVORCE ACTION COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Greg W. Miller, is an adult individual who currently resides at 487 Lancaster Avenue, Enola, Pennsylvania. 2. Defendant, Melissa Ann Miller, is an adult individual who currently resides at 487 Lancaster Avenue, Enola, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on November 8, 2003, in Camp Hill, PA. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in Counseling. 8. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff, Greg W. Miller, urges this Honorable Court to enter a Decree of Divorce. Respectfully subm?4d, NEALON GO'1 ER & PE By: ---I ? I C James G. Nealon, III, Esquire Attorney I.D. #46457 3 I44 (d 7 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 VERIFICATION 1, Greg W. Miller, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. GREG W. MI R Dated: 3 J aQ - O 7 /ho,b?#21 4yr l- pd P --F 15 A j. N('r? WSNN -3,Yat o £ 'b LOOZ •1V Y1V?0.Y?-1.i.V'4 Cl JH, ?o Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant GREG W. MILLER, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 -1534 MELISSA A. MILLER, DEFENDANT CIVIL ACTION (DIVORCE/CUSTODY) ANSWER WITH COUNTERCLAIMS ANSWER TO DIVORCE COMPLAINT 1 - 8. Pursuant to Pa. R.C.P. 1920.14, an Answer to allegations of an action for divorce is not required and such allegations are deemed denied by operation of law. COUNTERCLAIM: EQUITABLE DISTRIBUTION 9. The parties have acquired property during the course of the marriage including real estate, financial accounts, personal property and retirement accounts which are subject to equitable division. 10. The parties have acquired various debts and mortgages which are subject to equitable division. 11. Defendant request that the court enter a decree equitably dividing the property, real and personal, owned by the parties as well as the debts of the parties. COUNTERCLAIM : ALIMONY 12. Defendant's earnings are less than those enjoyed by the Plaintiff. 13. Due to the disparity in income, Defendant seeks sufficient income through an award of alimony to financially support herself following the dissolution of the marriage. 14. Defendant is currently employed and receiving substantial income and benefits and is able to pay Defendant permanent alimony. 15. Defendant seeks an Order requiring the Plaintiff to pay alimony pendente lite, counsel fees, expenses and costs, and permanent alimony to Defendant. COUNTERCLAIM: ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 16. Defendant's earnings are substantially less than those enjoyed by the Plaintiff. 17. Defendant seeks to recover alimony pendente lite, counsel fees, living expenses for her and the children of this marriage during the divorce action and its eventual resolution. 18. Due to the disparity in income, Defendant seeks sufficient income through an award of alimony pendente lite to financially support herself through the pendency of this divorce action and following the dissolution of the marriage. 19. Plaintiff is currently employed and receiving substantial income and benefits and is able to pay Defendant alimony pendente lite (APL), counsel fees, expenses and costs. 20. With regard to the appropriate calculation of APL, Pa. R.C.P. 1910.16-1 (b) states: The amount of ... alimony pendente lite to be awarded ... shall be determined in accordance with the support guidelines which consist of the ... formula set forth in Rule 1910.16-4 (30% or 40% of the difference in net monthly income). 21. Defendant seeks an Order requiring the Plaintiff to pay alimony pendente lite, counsel fees, expenses and costs, and permanent alimony to Defendant. COUNTERCLAIM: CUSTODY 22. The Petitioner is Melissa A. Miller, an adult individual residing at 740 Brook Drive, Hershey, Dauphin County, Pennsylvania 17033. 23. The Respondent is Greg W. Miller, an adult individual residing at 487 Lancaster Avenue, Enola, Cumberland County, Pennsylvania 17025. 24. Plaintiff and Defendant were married on November 8, 2003. 25. Petitioner seeks shared legal and primary physical custody of ALEXIS NICOLE MILLER (DOB 7/30/2005; Age 20 Months). 26. The child has resided at the following addresses on and off again for the last several years: a. 740 Brook Drive, Hershey, PA (3/27/06 - present); and b. 487 Lancaster Avenue, Enola, PA (marital residence). 27. The Mother of the children is Defendant Melissa A. Miller. 28. The Father of the children is Plaintiff Greg W. Miller. 29. The relationship of the Defendant to the child is that of Mother. 30. The relationship of the Plaintiff to the child is that of Father. 31. Petitioner has not participated as a party or witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 32. Petitioner has no information of a custody proceeding concerning the children pending in another court of this Commonwealth. 33. Petitioner does not know of a person not a party to the proceeding that has physical custody of the child or who claims to have custody or visitation rights to the child. 34. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Mother has served as the primary caregiver for the child since her birth. b. Father is entirely dependent upon others to take care of the daily needs of the child. C. Father has told Mother that he will not return the child to her if she leaves the home. 35. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 36. The best interests of the child will be served by granting the requested relief. WHEREFORE, Father seeks an Order granting her shared legal and primary physical custody of the child. Respectfully submitted, By Date: March 27, 2007 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served by postage prepaid, first class United States Mail on all interested parties or counsel of record at the addresses set forth below. James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 B? Date: March 27, 2007 o i v tiriage Ntreet New Cumberland, PA 17070 Supreme Court ID 62063 Attorney for Defendant 03/26,12007 15:58 7177701278 HOWELL LAW FIRM PAGE 02/08 w' VERIFICATION T/we verify that the statements made in the foregoing document are true and correct. Iiwe understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. BY: 0M sa Ann. Miller Date: MAR-26-2007 MON 16:59 TEL:7179209766 NAME:THOMAS PEDERSEN P. 2 a O O -60!- 7- n r-.3 t- n? GREG W. MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA A. MILLER DEFENDANT 07-1534 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 04, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 04, 2007 at 3:00 PM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john j. Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 owv?? ? ?? r?1G? C??•h -/a SO :ZI d ¢i- UV L 60Z GREG W. MILLER, PLAINTIFF V. MELISSA ANN MILLER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1534 Civil Term DIVORCE ACTION ACCEPTANCE OF SERVICE I, Steven Howell, Esquire, do hereby accept service of the Divorce Complaint filed in the above-captioned matter. I hereby certify that I am authorized to do so. DATE: / -v Y 4?fl Zoo'? 57VEN HOWEL , Esquire Attv. I.D. #62063 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Attorney for Defendant r-? ?s c,I -7 OCT - 8 2007MY GREG W. MILLER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA A. MILLER Defendant : No. 07-1534 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this ??ay of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Father, Greg Miller, and the Mother, Melissa Miller, shall enjoy shared legal custody of the minor child, Alexis N. Miller, born 7/30/05. The parties 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Father and Mother shall share physical custody of Alexis pursuant to the following schedule. The parties shall share physical custody on a 2/2/3 schedule; i.e. Father has physical custody Monday and Tuesday, Mother has physical custody Wednesday and Thursday, Father has physical custody Friday through Sunday. The following week, Mother has physical custody Monday and Tuesday, Father has physical custody Wednesday and Thursday and Mother has physical custody Friday through Sunday. This schedule shall be repeated in the subsequent weeks. 3. Exchanges: The custodial parent shall transport Alexis and the pick up/drop off location shall be at Alexis' day care or school, unless the parties mutually agree to an alternate location. 4. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 5. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. All major holidays and Alexis' birthday shall be alternated and arranged as mutually agreed upon. The holiday schedule shall commence with Mother having Memorial Day 2007 and Father having the Fourth of July 2007. In the absence of mutual agreement regarding times for the holidays, the parties may adopt the attached holiday schedule. 9. Each parent shall have seven consecutive days of vacation with Alexis. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. The parties may expand this vacation time by mutual agreement. 10. This Order is entered pursuant to 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. Cc: ,S?Ceven Howell, Esquire ??mes Nealon, Esquire C J. Mangan, Esquire )" jfq L C :01 WV Z 1 130 LOOZ ?1AUK VJ31U HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Mother Father holiday to6 m the day of the holiday Labor Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Thanksgiving 1St From 6 pm the evening before Mother Father Half Thanksgiving Day to 3 pm on Thanksgiving Da Thanksgiving 2" From 3 pm on Thanksgiving Day to Father Mother half 6 m the day after Thanksgiving Da Christmas 1St Half From noon on 12/24 to noon on Mother Father 12/25 Christmas 2" Half From noon on 12/25 to noon on Father Mother 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday GREG W. MILLER V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. MILLER Defendant No. 07-1534 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alexis N. Miller 7/30/05 Shared by Mother and Father 2. A Conciliation Conference was held on May 4, 2007 with the following individuals in attendance: The Father, Greg W. Miller, with his counsel, James G. Nealon, III, Esquire The Mother, Melissa A. Miller, with her counsel, Steven Howell, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: 1vt dl? Job?f J angan,,% quire C t dy Conciliator Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney far Defendant GREG W. MILLER IN THE COURT OF COMMON PLEASE PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-1534 MELISSA A. MILLER DEFENDANT CIVIL ACTION (DIVORCE) MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND DISCOVERY FROM THE DEFENDANT On November 9, 2007 the Defendant by and through her counsel served Plaintiff's Counsel with a request for Production of Documents and Things, which is attached hereto as Exhibit "A". 2. On November 9, 2007 the Defendant by and through her counsel served Plaintiff's Counsel with a request for Defendant's Interrogatories: First Set, which is attached hereto as Exhibit "B". 3. United States Postal Form 3800 bearing a mailing date of November 9, 2007 appears on the third page of Exhibit "A". 4. United States Postal Form 3811 appears on page 4 of Exhibit "A" shows that on November 14, 2007 the Law firm of Nealon, Gover & Perry signed for and received Exhibits "A" and "B". 5. The thirty (30) days to respond to the Defendant's Requests for Production of Documents and Things and the Interrogatories: First Set expired on December 14, 2007. 6. Pennsylvania R le of Civil Procedure 4009.12 (a) requires a party to "serve an answer including objec 'ons to each numbered paragraph in the request... within thirty days after service of the request [for production of documents and interrogatories]". 7. Plaintiff's failure to respond to the original requests for production within 30 days constitutes a waiver to object to the production at this time. Our Supreme Court in Nissley v. PA. R.R. Co., 435 Pa. 503, 259 A.2d 451 (1969) would not allow a party to object to interrogatories outside the time limits prescribed by the rules. A party's failure to timely object to discovery constitutes a waiver. See Mountain View Condominium Owners' Association v. Mountain View Associates, 9 Pa. D. & C. 2d 487 (1965), Burda v. Cesare, 50 Pa. D. & C. 3d 354 at 357 (1988), Bonk v. Block, 12 Pa. D. & C. 3d 749 (1980), Frank v. Pennsylvania, 38 Pa. D. & C. 2d 487 (1965), and Construction of Vine Street Extension, 18 Pa. D. & C. 2d 115 (1959). In 1991 the Chester County Court of Common Pleas summarized the rule as: "[WJe hold that an objection to interrogatories or other discovery or an application for a protective order must be filed before the party seeking discovery has filed a motion for sanctions, or other motion seeking to enforce compliance with the discovery request, or else such objection or the grounds upon which the protective order is sought shall be waived." 9 Pa. D. & C. 4th at 83. 8. Since Plaintiff has waived any objections by not responding in any fashion to the discovery requests, he is required to provide full and complete responses to each document request. Furthermore, Plaintiff is not entitled to object at this time to any of the requested documents because the objection is untimely. 9. On February 1, 2008, a letter was sent to Plaintiff's counsel with a request to concur and no response has been received as of February 8, 2008. See Exhibit "C". 10. This discovery matter has not been assigned to a Judge. WHEREFORE, Defendant requests this Honorable Court to direct the Plaintiff to provide the documents set forth in the Request for Production and Interrogatories within thirty (30) days and ward counsel fees and a sanction against Plaintiff. Respectfully submitted, BY: H Kielil aw Firm ~? v ridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below one true and correct copy of the foregoing document was served 'upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service upon Opposing Counsel by First Class, Postage Prepaid US Mail. James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 By: Date: "2_ l ?- 10'? VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Stev owell, squ' Date: Zlelax GREG W. MILLER IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-1534 Civil Term MELISSA A. MILLER DEFENDANT CIVIL ACTION (DIVORCE) DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS: FIRST SET To: Plaintiff Greg W. Miller c/o James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 AND NOW, this 9th day of November 2007 pursuant to Pa R.C.P. 4009.1 and 4009.11, as amended, the Defendant, by and through her attorney, Steven Howell, Esquire of 619 Bridge Street, New Cumberland, Pennsylvania 17070, hereby requests that Plaintiff make the following original documents and items available for inspection and copying within thirty (30) days after service of this Request at the Howell Law Firm, 619 Bridge Street, New Cumberland, Pennsylvania 17070. The term "document" includes the definition set forth in Pa. R.C.P. 4009.1 as amended. Specific Requests: Produce all documents generated, prepared, transmitted, delivered, stored, possessed and/or maintained by the Plaintiff, his counsel or anyone acting under his control or upon his behalf related to the following matters: 1. Copies of the State Employment Retirement System (SERS) yearly account Statements for Plaintiff's retirement benefits for the years 2001 - 2007. 2. Copy of all paystubs for the 2006 and 2007 in your possession from the Commonwealth of Pennsylvania or any other source of income, earnings or wages. EXHIBIT E E (is A 3. Provide copies of the latest monthly or quarterly account statements for any bank, credit union, or other financial institution in which the Plaintiff is an owner or co- owner. 4. Provide copies of any psychological or psychiatric evaluations of the Plaintiff. 5. Provide copies of any documents you intend to introduce at the trial of this matter. 6. Copies of all appraisals or market analysis for any real property including but not limited to real estate located within the Commonwealth of Pennsylvania or any other location in the United States or other foreign territory. 7. Copies of all appraisals for any personal property in which Plaintiff claims to have any legal or equitable interest. 8. Copies of all inventories submitted to any insurance company since January 1, 2001 for personal property in which the Plaintiff claims to own any legal or equitable interest. 9. Copies of all loan applications submitted by Plaintiff to any lender (bank, savings bank, credit union, mortgage broker or other financial institution ) from January 1, 2001 to present. 10. Copies of all 401 (k) statements (monthly/quarterly/yearly) from January 1, 2001 to present in which Plaintiff has any legal or equitable ownership interest. 11. Copies of all mutual fund statements (monthly/quarterly/yearly) from January 1, 2001 to present in which Plaintiff has any legal or equitable ownership interest. 12. Copies of all private investigator reports in Plaintiffs possession or that of his counsel. 13. Copies of any employment contracts with Plaintiff's employers since January 1, 2001 to present. 14. Copies of any documents showing marital debt for which the Plaintiff intends to assert an equitable distribution claim. 15. Copies of any documents showing payments of marital debt for which the Plaintiff intends to assert an equitable distribution claim. 16. All video tapes, or audio tapes, or other digital or electric recordings of the Defendant in Plaintiff's possession. This request specifically concerns recordings made by the Plaintiff of the Defendant without the Defendant's consent. Respectfully submitted, BY: liowell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below an original and two true and correct copies of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service upon Opposing Counsel by First Class, Postage Prepaid U.S Mail James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 )omplete items 1, 2, and 3. Also complete tem 4 if Restricted Delivery is desired. 'Tint your name and address on the reverse so thatwe can return the card to you. 4ttach this card to the back of the mailpiece, ®r on the front If space permits. Article Addressed?to: . ?P,o?6?t E {1 st 6 t Nor ?'lt ?? 1?S?P? Y!? -/7//n POeta99 I $ T F2.65 04 LA & 52.15 -j E62 t -tified Fee 3. Service Type bceipt Fee ? Certified Mail ? Express Mail .Required) ? Registered ? Return Receipt for Merchandise ,livery Fee ? Insured Mail ? C.O.D. Required) -4. Restricted Delivery? (Extra Fee) ? Yes e & Fees Article (Vurnt>er : 7007 0710 0003 2577 7481 l/Yan3'f8fffflPA'l?rylce f -- 3 Form 3811, February 2004 Domestic Return Receipt 102595-02-M•1540 A. Signature //II Agent X ?C (y` ? Addressee B. Received by (Printed Name) C. Date of Delivery bpi C L) _oy 0. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No G N w Q PA 1-1110 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. BY: Greg W. Miller Date: GREG W. MILLER, PLAINTIFF VS. MELISSA A. MILLER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 1534 CIVIL ACTION (DIVORCE/CUSTODY) DEFENDANT'S INTERROGATORIES: FIRST SET To: Greg W. Miller c/o James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 AND NOW, this 9th day of November 2007 pursuant to Pa. R.C.P. 4005, as amended, the Defendant, by and through her attorney, Steven Howell, Esquire of 619 Bridge Street, New Cumberland, Pennsylvania 17070, hereby request that Plaintiff serve upon the undersigned a copy of your individual answers and objections, if any, in writing and under oath to the following First Set of Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer and Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. These shall be deemed to be continuing Interrogatories. If, between the time of your Answer and the time of the trial of this case, you or anyone acting on your behalf, learn of any further information not contained in your Answers, you shall promptly furnish said information to the undersigned by Supplemental Answers. EXHIBIT m e Respectfully submitted, By: Stev Howell, Esq@re,' well Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below an original and two true and correct copies of the foregoing document was served by postage prepaid, first class United States Mail on all interested' parties or counsel of record at the addresses set forth below. James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 B' Date: November 9, 2007 Since January 1, 2005 to the present have you or anyone acting on your behalf come into possession of any audiotapes, videotapes, or digital recordings which include the voice or oral communications of Melissa A. Miller and/or other members of her family? If your answer is "yes" identify the location of these recordings at the present time? 2. Since January 1, 2005 to the present have you or anyone acting on your behalf replayed any audiotapes, videotapes, or digital recordings which include the voice or oral communications of Melissa A. Miller and/or other members of her family? If your answer is "yes" identify the location of these recordings at the present time? Since January 1, 2005 to the present have you or anyone acting on your behalf replayed to your present or former attorneys any audiotapes, videotapes, or digital recordings which include the voice or oral communications of Melissa A. Miller and/or other members of her family? If your answer is "yes" identify the location of these recordings at the present time? 4. State the date of your separation from your spouse? 5. Provide a fL41 list of all items removed from the marital residence since the parties' separation? 6. For your present employment, please state: a. Date of commencement of employment; b. Name, title and address of your immediate supervisor; C. Your job title and description of duties; d. Your hours and rate of pay on earnings, specifying gross average weekly salary, wages, commissions, overtime pay, stock options, bonuses, expenses and allowances for transportation and other accommodations and expenses. For each employment which you hold or held since January 1, 2000 state whether you participate or have a right to participate or have in the past participated in any of the following employment related benefits: a. Defined benefit retirement plan; b. Defined) contribution retirement plan; C. Deferred compensation; d. Thift Savings Plan; e. Money purchase pension plan; f. Any other type of employee pension plan; g. Savings or thrift plan; h. Cash or deferred plan (401 k); i. Profit sharing plan; j. Employee stock ownership (including tax credit or payroll tax credit employee stock ownership plan); k. Stock bonus plan; 1. Tax deferred, Section 403 (b) or annuities; in. Non-qualified deferred compensation plans; n. Executive stock option plan; o. Welfare or insurance plans including group life insurance and medical insurance; P. Any other employment related benefit not disclosed in your Answers to these Interrogatories. 8. Identify any and all real estate (includes hunting camps or partial interests) which you have any interest in. For each piece of real estate please identify: a. How the interest was acquired and the acquisition cost; b. The identify of any lien holders on said real estate and the present amount of said liens; and c. Your present estimate of value of each property. 9. Identify each vehicle owned by you. For each vehicle please provide: a. The year, make and model; b. Your estimate of the value as of the date of separation; C. Any and all liens encumbering each vehicle and the value of the lien as of the date of separation. VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. BY: Greg W. Miller Date: HOWELL LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 **** VIA TELECOjPIER 236-9119 **** February 1, 2008 James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 RE: Miller v. Miller, No. 2007 - 1534 (Divorce/Custody - Cumberland) Dear James: The discovery received by your office on November 14, 2007 has not been answered. Therefore, I intend to file the attached Motion to Compel on Monday, February 4t". Do you concur with the requested relief? SH/bth Enclosure cc: Melissa Miller (w/encl.) E EXHIBIT c Very truly yours, TRANSMISSION VERIFICATION REPORT TIME 02/01/2008 17:03 NAME HOWELL LAW FIRM FAX 7177701278 TEL SER.# 000A6J528632 DATEJIME 02/01 16:59 FAX N0./NAME 2359119 DURATION 00:03:38 PAGE(S) 17 RESULT OK MODE STANDARD ECM r? ,'...._., 7i G co ? %y • FEB 1 2 2008pol GREG W. MILLER IN THE COURT OF COMMON PLEASE PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-1534 MELISSA A. MILLER DEFENDANT CIVIL ACTION (DIVORCE) RULE TO SHOW CAUSE AND NOW, this jwday of rP&U-;r , 2008 it is hereby ORDERED that the Plaintiff and counsel shall show cause if any they might have why the relief requested in the foregoing Motion to Compel should not be granted. Rule returnable within 316 days of service by postage prepaid, first class United States Mail upon the Plaintiff's counsel. HE COUR J. Certified Copies to: ? Steven Howell, Esquire (Defendant's Counsel) Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 /James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 0-16P its m?R[Lk a?? a ?08 i71ni 10 0 2 '01 WV £ ! 83,E BOOT i 14(- 1 Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant GREG W. MILLER, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 1534 MELISSA A. MILLER, DEFENDANT CIVIL ACTION (DIVORCE) MOTION TO MAKE RULE ABSOLUTE 1. On February 8, 2008 Defendant filed and served a Motion to Compel Production of Documents and Discovery. See Exhibit "A". 2. On February 12, 2008 the trial court issued a Rule to Show Cause. See Exhibit "B". 3. On February 14, 2008 the Rule to Show Cause and Motion to Compel was faxed and mailed utilizing U.S.P.S. Form 3817 as shown on Exhibit "C". 4. The thirtieth day expired March 17, 2008. 5. A telephone call to the Prothonotary at 3:10 PM EST on March 19, 2008 confirmed that no response had been filed to the Rule to Show Cause. 6. No response to the Rule to Show Cause has been served upon Defendant's counsel as of March 19, 2008. WHEREFORE, Defendant respectfully requests that the proposed Order be entered in this matter. Respectfully submitted, By: St n Howell, Esquire owell Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served by postage prepaid, first class United States Mail on all interested parties or counsel of record at the addresses set forth below. James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 B) Date: March 19, 2008 Steven Howell, Esquire n r ^' r? Howell Law Firm C- CX3 n 619 Bridge Street : M New Cumberland, PA 17070 J)CJ (717) 770-1277 Supreme Court ID 62063 ? i Attorney for Defendant acs GREG W. MILLER IN THE COURT OF COMMON PLEASE PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-1534 MELISSA A. MILLER DEFENDANT CIVIL ACTION (DIVORCE) MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND DISCOVERY FROM THE DEFENDANT 1. On November 9, 2007 the Defendant by and through her counsel served Plaintiff's Counsel with a request for Production of Documents and Things, which is attached hereto as Exhibit "A". 2. On November 9, 2007 the Defendant by and through her counsel served Plaintiff's Counsel with a request for Defendant's Interrogatories: First Set, which is attached hereto as Exhibit "B". 3. United States Postal Form 3800 bearing a mailing date of November 9, 2007 appears on the third page of Exhibit "A". 4. United States Postal Form 3811 appears on page 4 of Exhibit "A" shows that on November 14, 2007 the Law firm of Nealon, Gover & Perry signed for and received Exhibits "A" and "B". 5. The thirty (30) days to respond to the Defendant's Requests for Production of Documents and Things and the Interrogatories: First Set expired on December 14, 2007. 6. Pennsylvania Rule of Civil Procedure 4009.12 (a) requires a party to "serve an answer including objections to each numbered paragraph in the request... within thirty days after service of the request [for production of documents and interrogatories]". EXHIM g a m 7. Plaintiff's failure to respond to the original requests for production within 30 days constitutes a waiver to object to the production at this time. Our Supreme Court in Nissley v. PA. R.R. Co., 435 Pa. 503, 259 A.2d 451 (1969) would not allow a party to object to interrogatories outside the time limits prescribed by the rules. A party's failure to timely object to discovery constitutes a waiver. See Mountain View Condominium Owners' Association v. Mountain View Associates, 9 Pa. D. & C. 2d 487 (1965), Burda v. Cesare, 50 Pa. D. & C. 3d 354 at 357 (1988), Bonk v. Block, 12 Pa. D. & C. 3d 749 (1980), Frank v. Pennsylvania, 38 Pa. D. & C. 2d 487 (1965), and Construction of Vine Street Extension, 18 Pa. D. & C. 2d 115 (1959). In 1991 the Chester County Court of Common Pleas summarized the rule as: "[WJe hold that an objection to interrogatories or other discovery or an application for a protective order must be filed before the party seeking discovery has filed a motion for sanctions, or other motion seeking to enforce compliance with the discovery request, or else such objection or the grounds upon which the protective order is sought shall be waived. " 9 Pa. D. & C. 4th at 83. 8. Since Plaintiff has waived any objections by not responding in any fashion to the discovery requests, he is required to provide full and complete responses to each document request. Furthermore, Plaintiff is not entitled to object at this time to any of the requested documents because the objection is untimely. 9. On February 1, 2008, a letter was sent to Plaintiff's counsel with a request to concur and no response has been received as of February 8, 2008. See Exhibit "C". 10. This discovery matter has not been assigned to a Judge. WHEREFORE, Defendant requests this Honorable Court to direct the Plaintiff to provide the documents set forth in the Request for Production and Interrogatories within thirty (30) days and ward counsel fees and a sanction against Plaintiff. Respectfully submitted, BY: Steve owell, H ell Law Fi: .919 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below one true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service upon Opposing Counsel by First Class, Postage Prepaid U.S. Mail. James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 By: Date: Z / Hp 8 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Stev owell, Esqu Date: Z 1?f-!ajl' GREG W. MILLER IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-1534 Civil Term MELISSA A. MILLER DEFENDANT CIVIL ACTION (DIVORCE) DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS: FIRST SET To: Plaintiff Greg W. Miller c/o James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 AND NOW, this 9ch day of November 2007 pursuant to Pa R.C.P. 4009.1 and 4009.11, as amended, the Defendant, by and through her attorney, Steven Howell, Esquire of 619 Bridge Street, New Cumberland, Pennsylvania 17070, hereby requests that Plaintiff make the following original documents and items available for inspection and copying within thirty (30) days after service of this Request at the Howell Law Firm, 619 Bridge Street, New Cumberland, Pennsylvania 17070. The term "document" includes the definition set forth in Pa. R.C.P. 4009.1 as amended. Specific Requests: Produce all documents generated, prepared, transmitted, delivered, stored, possessed and/or maintained by the Plaintiff, his counsel or anyone acting under his control or upon his behalf related to the following matters: 1. Copies of the State Employment Retirement System (SERS) yearly account Statements for Plaintiff s retirement benefits for the years 2001 - 2007. 2. Copy of all paystubs for the 2006 and 2007 in your possession from the Commonwealth of Pennsylvania or any other source of income, earnings or wages. tt EXHIBIT A 3. Provide copies of the latest monthly or quarterly account statements for any bank, credit union, or other financial institution in which the Plaintiff is an owner or co- owner. 4. Provide copies of any psychological or psychiatric evaluations of the Plaintiff. 5. Provide copies of any documents you intend to introduce at the trial of this matter. 6. Copies of all appraisals or market analysis for any real property including but not limited to real estate located within the Commonwealth of Pennsylvania or any other location in the United States or other foreign territory. 7. Copies of all appraisals for any personal property in which Plaintiff claims to have any legal or equitable interest. 8. Copies of all inventories submitted to any insurance company since January 1, 2001 for personal property in which the Plaintiff claims to own any legal or equitable interest. 9. Copies of all loan applications submitted by Plaintiff to any lender (bank, savings bank, credit union, mortgage broker or other financial institution ) from January 1, 2001 to present. 10. Copies of all 401 (k) statements (monthly/quarterly/yearly) from January 1, 2001 to present in which Plaintiff has any legal or equitable ownership interest. 11. Copies of all mutual fund statements (monthly/quarterly/yearly) from January 1, 2001 to present in which Plaintiff has any legal or equitable ownership interest. 12. Copies of all private investigator reports in Plaintiff's possession or that of his counsel. 13. Copies of any employment contracts with Plaintiff's employers since January 1, 2001 to present. 14. Copies of any documents showing marital debt for which the Plaintiff intends to assert an equitable distribution claim. 15. Copies of any documents showing payments of marital debt for which the Plaintiff intends to assert an equitable distribution claim. 16. All video tapes, or audio tapes, or other digital or electric recordings of the Defendant in Plaintiff's possession. This request specifically concerns recordings made by the Plaintiff of the Defendant without the Defendant's consent. Respectfully submitted, BY: CERTIFICATE OF SERVICE SXen Howbll, Wquile owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant I hereby certify that on the date set forth below an original and two true and correct copies of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service upon Opposing Counsel by First Class, Postage Prepaid U.S. Mail James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 ;omplete Items 1, 2, and 3. Pao comp,v.v tem 4 11 Restricted Delivery is desired. 1rint your name and address on the reverse. 3o thatwe can rettlm.the card to you. attach this card to the back of the mailpiece,. tho frnnt if anace Dermb. Article Addresaedto: 1VPi,01611 ESN" Ar4.er G-rv ? Frwi ?yll Nor ? r -9/7/10 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. Uwe understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. BY: Greg W. Miller Date: GREG W. MILLER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 1534 MELISSA A. MILLER, DEFENDANT CIVIL ACTION (DIVORCE/CUSTODY) DEFENDANT'S INTERROGATORIES: FIRST SET To: Greg W. Miller c/o James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 AND NOW, this 9rh day of November 2007 pursuant to Pa. R.C.P. 4005, as amended, the Defendant, by and through her attorney, Steven Howell, Esquire of 619 Bridge Street, New Cumberland, Pennsylvania 17070, hereby request that Plaintiff serve upon the undersigned a copy of your individual answers and objections, if any, in writing and under oath to the following First Set of Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer and Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. These shall be deemed to be continuing Interrogatories. If, between the time of your Answer and the time of the trial of this case, you or anyone acting on your behalf, learn of any further information not contained in your Answers, you shall promptly furnish said information to the undersigned by Supplemental Answers. E EXHIBIT Respectfully submitted, By: S Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below an original and two true and correct copies of the foregoing document was served by postage prepaid, first class United States Mail on all interested parties or counsel of record at the addresses set forth below. James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 B` Date: November 9, 2007 1. Since January 1, 2005 to the present have you or anyone acting on your behalf come into possession of any audiotapes, videotapes, or digital recordings which include the voice or oral communications of Melissa A. Miller and/or other members of her family? If your answer is "yes" identify the location of these recordings at the present time? 2. Since January 1, 2005 to the present have you or anyone acting on your behalf replayed any audiotapes, videotapes, or digital recordings which include the voice or oral communications of Melissa A. Miller and/or other members of her family? If your answer is "yes" identify the location of these recordings at the present time? 3. Since January 1, 2005 to the present have you or anyone acting on your behalf replayed to your present or former attorneys any audiotapes, videotapes, or digital recordings which include the voice or oral communications of Melissa A. Miller and/or other members of her family? If your answer is "yes" identify the location of these recordings at the present time? 4. State the date of your separation from your spouse? 5. Provide a full list of all items removed from the marital residence since the parties' separation? 6. For your present employment, please state: a. Date of commencement of employment; b. Name, title and address of your immediate supervisor; C. Your job title and description of duties; d. Your hours and rate of pay on earnings, specifying gross average weekly salary, wages, commissions, overtime pay, stock options, bonuses, expenses and allowances for transportation and other accommodations and expenses. 7. For each employment which you hold or held since January 1, 2000 state whether you participate or have a right to participate or have in the past participated in any of the following employment related benefits: a. Defined benefit retirement plan; b. Defined contribution retirement plan; C. Deferred compensation; d. Thift Savings Plan; e. Money purchase pension plan; f. Any other type of employee pension plan; g. Savings or thrift plan; h. Cash or deferred plan (401 k); i. Profit sharing plan; j. Employee stock ownership (including tax credit or payroll tax credit employee stock ownership plan); k. Stock bonus plan; 1. Tax deferred, Section 403 (b) or annuities; in. Non-qualified deferred compensation plans; n. Executive stock option plan; o. Welfare or insurance plans including group life insurance and medical insurance; P. Any other employment related benefit not disclosed in your Answers to these Interrogatories. 8. Identify any and all real estate (includes hunting camps or partial interests) which you have any interest in. For each piece of real estate; please identify: a. How the interest was acquired and the acquisition cost; b. The identify of any lien holders on said real estate and the present amount of said liens; and c. Your present estimate of value of each property. 9. Identify each vehicle owned by you. For each vehicle please provide: a. The year, make and model; b. Your estimate of the value as of the date of separation; C. Any and all liens encumbering each vehicle and the value of the lien as of the date of separation. VERIFICATION Uwe verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. BY: Greg W. Miller Date: HOWELL LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 **** VIA TELECOPIER 236-9119 **** February 1, 2008 James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 RE: Miller v. Miller, No. 2007 - 1534 (Divorce/Custody - Cumberland) Dear James: The discovery received by your office on November 14, 2007 has not been answered. Therefore, I intend to file the attached Motion to Compel on Monday, February 4th. Do you concur with the requested relief? SH/bth Enclosure cc: Melissa Miller (w/encl.) s EXHIBIT ? G Very truly yours, TRANSMISSION VERIFICATION REPORT TIME : 02/01/2008 17:03 NAME HOWELL LAW FIRM FAX 7177701278 TEL SER.# 000A6J528632 DATE DIME 02/01 16:59 FAX NO./NAME 2369119 DURATION 00:03:38 PAGE(S) 17 RESULT OK MODE STANDARD ECM FEB 1 2 ZUUn 1/)1'1 GREG W. MILLER IN THE COURT OF COMMON PLEASE PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-1534 MELISSA A. MILLER DEFENDANT CIVIL ACTION (DIVORCE) RULE TO SHOW CAUSE AND NOW, this jwday of 154?? '2008 it is hereby ORDERED that the Plaintiff and counsel shall show cause if any they might have why the relief requested in the foregoing Motion to Compel should not be granted. Rule returnable within 36 days of service by postage prepaid, first class United States Mail upon the Plaintiff's counsel. HE COUR J. Certified Copies to: Steven Howell, Esquire (Defendant's Counsel) Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 s, try ? tX' d 2,e;,e 'K ed0y 6 {1V?le +"4" ', a k?e!al q ?p EXHIBIT an 4608 m U.S. POSTAL SERVICE CERTIFICATE OF MAILING c `-?•"???? • T n n, ?unu nnee tinT _ +` ??; MAY BE USE PROVIDE FC Steven Howell l Uv od Rei;eivec Attorney At Law 619 Bridge Street 14 w ?. New Cumberland, PA 17070 4 070•,9j?' One piece of ordinary mail addressed to: NJgL m' r??N N1= M -4 101 ci 2Y i ! Nor fk F716- i ,flVeW ffeS '7/1 PS Form 3817, January 200 EXHIBIT C HOWELL LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 T0: FAX NUMBER: 'al 3 - ?1 t l FROM: STEVEN HOWELL, ESQUIRE DATE: Z l 08 TIME: 3,40 PM TOTAL PAGES: (INCLUDING COVER PAGE) SUBJECT: IMPORTANT NOTICE This information contained in this message is confidential and may be attorney client privileged and it is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to anyone other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us by telephone immediately and return the original message to us at the above address via the United States Mail. If you have any questions regarding this transmission please telephone (717)770-1277 between 8:00 AM and 4:00 PM Eastern Standard Time. Thank you. TRANSMISSION VERIFICATION REPORT TIME 02/14/2008 15:35 NAME HOWELL LAW FIRM FAX 7177701278 TEL SER.# 000A6J528632 DATE DIME 02/14 15:30 FAX N0./NAME 2369119 DURATION 00:04:22 PAGE{S} 19 RESULT OK MODE STANDARD ECM t" S ? t r , ? £?.? "t`I ? ? ?? ? .) ? ? ' i',T ? ? ?k. , _._?? ? :?. - : ? j .`.1 ?':"S -t t_.] ?' `?? ".? MAR 2 4 2ppg? GREG W. MILLER PLAINTIFF V. : MELISSA A. MILLER DEFENDANT IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1534 CIVIL ACTION (DIVORCE) Ilk, Order of Court AND NOW this day of M , 2008 it is hereby ORDERED that the Plaintiff provide without objection the documents and tangible items requested in Defendant's Request for Production of Documents and responses without objection to Defendant's Interrogatories to Plaintiff which are attached to the Motion to Compel as Exhibits "A" and "B" within thirty (30) days of this Order. J. Certified Copies to: teven Howell, Esquire (Defendant's Counsel) Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 ,,?ames G. Nealon, III, Esquire (Plaintiffs Counsel) Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 ?.! GREG W. MILLER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1534 Civil Term MELISSA ANN MILLER, : DIVORCE ACTION DEFENDANT AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 22, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit 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. DATE:- 5' - OT "I - ) - GREG W. htfLER C3 n?,, a Q ?; f t , lift cz) ..,, ri C,j "C GREG W. MILLER, PLAINTIFF V. MELISSA ANN MILLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1534 Civil Term : DIVORCE ACTION WAIVER OF NOTICE OF INTENTION I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: !3-- g- © Q " 1W 2 GREG N. Mi' R. o C" m CAI) GREG W. MILLER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1534 Civil Term MELISSA ANN MILLER, : DIVORCE ACTION DEFENDANT AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 22, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit 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. DATE:_ MEL SSA ANN MILLER in k GREG W. MILLER, PLAINTIFF V. MELISSA ANN MILLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1534 Civil Term DIVORCE ACTION WAIVER OF NOTICE OF INTENTION 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. DATE: ME ISSA ANN MILLER C") r-? Mr ':r '? TUL-30-2008 15:14 NEALON 8 GOVER GREG V. MILLER, PLAINTIFF V. MELISSA A UILLER, DEFENDANT 717 236 9119 P.03i14 : IN THE 00 MT OF-CON PL EM : CUmseRLAND couir Y, PlNk9.f LvANtA NO. 07-1$314 Dfvlr Term DIVORCE ACTION tea: THIS AGREEMENT, made this day of July, 2008, by and between MEL ISSA A*f t"`M1LLER (hereinafter called "Wife") and GREt31lIf MILLER (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wft were married November 8, 2043; and WHEREAS, the Parties are the parents and natural guardians of a minor child, ALEXIS N. MILLER (DOB: July 30, 2005); and VWENEAS, the parties hereto desire to fix and determine by this Marritat Settlement Agreement the rights°and claims that have accrued` to each of them in the estate and real` and personal property of the other. by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of Inheritance, support, maintenance, alimony payment of counsel fees and equitable distribution and-to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW THEREFORE, in consideration of the premises and of the marriage, and In further consideration of the mutual promises and undertakings' hereinafter set forth, each intending to be legally-bound' hereby, the parties agree as follows: 1. i i =, It shall be 'lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. - 14-1 r -• .'e_ 2. INTERi §8M. Each party shall be free from interference,-a and- contact by the other, as fully as If he -or she were single and unmarried except as may be n to carry out a provision of this Agreement. ?1?1n? JUL-30-2008 15:14 NEALON & GOVER 717 236 9119 e.04/14 3. IIi1HaLf' 'S. Wife represents and warrants to Husband that as of the date of separation she has not Incurred, and. In the future she will not contract or incur, any debts or liability for whlch'Husband or his Mate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations Incurred by her. Any and all loans, and/or dents and char-go accounts presently In Wife's name alone shall-be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any toss he may sustain, including attorney fees, as a result of any default In payment by wife. S. Husband represents and warrants to Wife that as 4. H_ Mrst of the date of i on he has not incurred, and in the future he will not contract or Incur, any debts or liability for which Me or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obilgations incurred by him. Any and all loans, and/or debts and charge accounts presently in Husband's name alone shad' be Husband's sole and separate responsiblity fior payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default In payment by Husband. 5. mom.. Husband and Wife agree that the following constltetes an equitable distribution of the marital properly. A. Husband's Property The fiolloWng property shell become the sole and-exclusive property of the Husband: 1. All right, title and interest in. the 2001 Toyota Tundra. Husband shall be solely- responsible for all repairs, maintenance, Insurance and registration -fees for the vehicle; and 2. All right, title and interest in any of Husband's pension, 401(k), IRA, retirement or other °accounts in his name (other than the balanos of Husband's debrred compensation account; which is to be transferred to Wife as discussed below); and 13. Ilk's Property The following property shall become the Is a d exclusive property of Wde; o? OA? JUL-30-2006 15:14 NEALON & GOVER 717 236 9119 P.05/14 1. All right, title and Interest In the 2002 Toyota Cemry. Wife shall be solely responsible for all payments, repairs, maintenance, insurance and registration fees for the vehicle; and 2. All right, title and Interest in any of Wife's pension, 401(k), IRA, retirement or other accounts In her name; and 3. The balance of Husband's deferred compensation: to-be transtrred to Wife pursuant to a flualiFied Domestic Relations Order, to be prepared by counsel for Wife. The balance In the account Is approximately $1@;400.00. If the balance Is less than $18,000:00; Husband will pay Wolfe the amount that the account Is below $18,000. Wife shalt : be solely responsible for any taxes, cost, penalties or other charges in connection witfi the transfer. 4. The sum of $15,000.00 at the time Husband refinances the mortgage on the marital residence, as discussed below. C. Marital Home 1. Husband and Wife currently own the property known as 487 Lancaster Avenue, Enola, Pennsylvania. 2. The property Is currently encumbered by a morte In the name of both Husband and Wife. Within thirty (30) days of the execution of this Agreement, Husband will refinance the mortgage to remove Wife from the obligation. At the time of the refinancing, Wife shall receive $15,000.00. 3. At the time of reflnoncing, Wife shall execute a deed' conveying the property to Husband. The property shalt then become the sole and separate property of Husband, D.Oth* property. The parties agree that they have divided all other separate and marital property to their mutual satisfaction. As of the date of this Agreement, any and all property not specNIcally addressed herein shall be owned by the party to whom the-property Is tided, and N untitled, the party In possession. This Agreement shall constitute a sufifclent,bill of oafs to evidence the transfer of any and all rights In such property from one to the other. Each party hereby waives any and all clalmms to the property of the other that is either titled In the name of the other party or in the er party's possession. 713?lal( JUL-30-2008 15:15 NEPLON & GOVER Y1Y dab y11y r.eb/14 6. RE-EST , . ANKMEM, The Parties agree that none of the Parties obligations under the terms of this Agreement are intended to be a debt that is, affected by a dischargge in bankruptcy. They further specifically Intend that the Parties obligations under., the terms of this Agreement shall be non-dlschargeabie and not subject to discharge in bankruptcy because they acknowledge that, based upon the respective incomes, assets and needs of the Parties and their households; such are necessary for each to meat his/her financial obligations and to support' and maintain his/her standard of living. The parties represents that there are no bankruptcy proceedings presently pending in which they we involved. The parties expressly agree not to file a bankruptcy- action prior to the completion of his/her obligations pursuant to this Agreement. These obins shall not be discharged in a bankruptcy action filed by or against either Party. 7._? Ti4?f The parties have previously agreed to file joint federal and state tax returns. Both parties agree that In the event of any deficiency in federal, state or local income tax is proposed or any assessment of any such taxes made against either of them, each will Indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment or any Interest, penalty and expense Incurred In connection therewith. Such tax, Interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be cause of the misrepresentations or failure to disclose the nature and extent of his or her separate Income on the foresaid joint return. In even tax years, Rio specifically and mutually understood and agreed and recognized by an between the parties hereto that Wife shall olakn the U.S. individual income tax exemption and any other federal, state or local income or other tax exemptions for the minor child. In odd tax years, it is speoficaNy and mutually understood and agreed and recognized by an between the parties hereto that Husband shall claim the U.S. individual income tax exemption and any other federal, state or local income or other tax exemptions for the minor child. Neither party shall Interfere in any way or take any step or do any act that would interfere with the other party securing the benefit of such tax exemption. B. ALAMWISE91"L a . Both parties agree to make no claim for alimony, alimony pendenfe cite, spousal support or any claim for separate maintenance now or at any future time, or in connection with the pending divorce action between the parties 9• SAM- 8598. Husband end Wife agree to be solely responsible for 1 11? payment of his or her attorney fees In connection with this Agreement and the pending divorce action between th a es. l? 7)3/69 JUL-30-2008 15:15 NEALON & OVER 717 236 y11y t. is(/ 14 10. EONWift E The parties have dis*sed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based,°upon the absence of such a disclosure by the other party, or based upon any claim that It is, inequitable, unconsclonoW or doe not make a reasonable' provision for one or. the other of them. 11. hlf taj DISH. Boni parties agree to emote an AfRdavk of Consent and Waiver of Notice of intention to Request Entry of a' Divorce Decree to facilitate, entry of a divorce dame pursuant to Section 3301(c) of the divorce -Code et ft expitation of ninety (90) days f m the date of service of the divorce Complaint Instituted by Husband In the Courtof Common Pleas of Cumberland County, Pennsylvania. 12. ilMN. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as maybe available to him or her respectively. 13• Each of the patties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the. other party any and all further. Instruments, Including Deeds and other rival estate-Mlated'documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 14. YQL&NUM- CIMN. The provisions of this Agreement- have been read, by the arties. Each party acknowledges that the Argreen. ent is fair and equitable, that full ftelosure has been made by each reipective part to the other, that it is being entered into voluntarily, and that it Is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with ail inforrna*m "Noting to the financial affairs of the other, which ohs been requested ' by the respectively. Husband acknowledges that he has the rift` to obtain counsel. Husband represents that he has either had this Agreement reviewed by independent counsel or waives the right to do so. Both Parties acknowledge that toy have had the advice and benefit of counsel in entering Into this Agreement. 15. MAM AGO ?5?. Except as herein otherwise provided; eaeh party May dispose .of his or her property in any way, and each party hereby waives and relinquishes any and all rights.: he or she may now or hereafter acquire, un the present or future laws of.any .,7 >31)oe JUL-30-2008 15:15 NEALON & GOVER 717 236 9119 P. 08/14 Jurisdiction, to share in the property or the estate of the other as result of the martial relationship, including, without limitation, dower, curtest', statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all Instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. t* GREEMICK FOR Ems ` • ?E11lEt?k - This 16. INDQR TIC OF , -?_ Agreement shall bind the parties hereto and their respective heirs, executors, administrsitors, legal representatives and assigns. This Agreement shall' survive a decree or divorce between the panties in any jurisdiction and any other Order, which maybe entered' In aooardance with this Agreement. In the event that a Decree of Divorce 1s entered in the Court of Common Pleas of Cumberland County, Pemwyivenie or in the event that a Decree of Divorce is entered In any other jurisdiction, tho parties agree to incorporate this Agreement in the Divor -Decree for purposes of enforcement. It Is the specific intent of the parties to be bound by the provisions hereof in lieu of any other dalrn or order of support, maintenance, alimony, equitable distribution, counsel two, costs, maintenance of Insurance, equitable relief or property settlement or with regard to any other provisions hereof. In the event that any final order of court is entered in any Jurisdiction with respect to the parties hereto which Is contrary to the provision hereof, then the rights and responsibilities of each of the parties hereto shall be reliever or adjusted to the extent necessary to Conform to this Agreement. 17. This Agreement Contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaking other than those expms*y setforth herein. Is. WrIG A modif tlon or waiver of any of the provisions of~t is Agreement shelf be affOctive only if matte in writing and executed with the shae formality as this Agraierrrent. The failure of either party to insist upon strict' perrormanoe of any of the provisions of thi8 Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 19. E HEkEIIS, The descriptive headings used herein are: for convenience only. They shall have no effect whatsoever in detennining the rights or obligation of the parties. 20. 1110M.00AMILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution a fled by the herein Agreement Is IRREV ELE and that such division- - 3, " 'e .TUL-30-2008 1516 NEALON & OVER 71Y ;e-lb V11' J. by/ 14 distribution shall not be affected by any future change in circumet nce8 of the respootive parties OR by other statute ry or judicial altemstim which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other JurisdMion. Except as provided herein; thwparties hereby?wvive any rmspmcM rights to finamoia1-support'and/or alimony and/or pension' or future expectancies each may respectively have under prior, current or Mum laws or 'case decisions. IN WITNESS w HEREOF, the parties have hereunto set their hands and reels the day and year first above written. * )' ' - ?" witness 1 lvL_C_?_^ oaeo W.:??? rQ :.-, GREG W. MILLER, : IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1534 Civil Term MELISSA ANN MILLER, : DIVORCE ACTION DEFENDANT To the Prothonotary: PRAECIPE TO TRANSMIT Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301 (c) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service dated April 2, 2007. 3. (Complete either paragraph (a) or (b). ) (a) Date of execution of the affidavit of consent required by § 3301 (c) of the Divorce Code: by plaintiff August 8, 2008; by defendant August 6, 2008. (b) (1) Date of execution of the affidavit required by § 3301 (d) of the Divorce Code: August 9, 2006. (2) (a) Date of filing of Plaintiff's affidavit upon respondent: ) (b) Date of service of Plaintiff's affidavit upon respondent: 4. Related claims pending: None, all claims resolved by Marital Settlement Agreement dated July 31, 2008. 5. (Complete either (a) or (b). ) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice in Divorce i with the Prothonotary: August 13, 2008. (c) Date defendant's Waiver of Notice in Divorc?iw? d wi rothonotary: August 19, 2008. Dated: August 26, 2008 James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Attorney for Plaintiff i GREG W. MILLER, PLAINTIFF V. MELISSA ANN MILLER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1534 Civil Term : DIVORCE ACTION ACCEPTANCE OF SERVICE I, Steven Howell, Esquire, do hereby accept service of the Divorce Complaint filed in the above-captioned matter. I hereby certify that I am authorized to do so. DATE: Mart fi 73,-2= 4 if EVEN HOWELL!Esquire Atty. I.D. #62063 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Attorney for Defendant G nrli IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. GREG W. MILLER ¢'`a PLAINTIFF No.- 07-1534 CIVIL TERIA VERSUS MELISSA ANN MILLER DEFENDANT DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT GREG W. MTT.T.FR PLAINTIFF, AND MELISSA ANN MILLER DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. ALL CLAIMS RESOLVED BY MARITAL SETTLEMENT AGREEMENT nATF.n TTTT.V ll _ ')nnA A r•nnu AND MADE PART OF HEREOF. ATTF&ST: NT IS ATTACHED HERETO J. P R OTfi dN OTA RY , frte' ? ? -?a- h -0 A7, h -6 l? SEP 0 3 ZA6 GREG W. MILLER IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-1534 MELISSA A. MILLER DEFENDANT CIVIL ACTION (DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER l.? AND NOW, this c? day of , 2008, based on the findings set forth in items one through five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through nineteen: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on November 8, 2003 and divorced on 2. Participation Information: The name, last known address, Social Security number and date of birth of the Plan "Participant" are: Greg W. Miller 487 Lancaster Avenue Enola, PA 17025 SSN: 211-56-0419 DOB: 7/27/1971 3. Alternate Payee Information: The name, last known address, and Social Security number of the "Alternate Payee" are: Melissa A. Miller 30 Townhouse Briarcrest Gardens Hershey, PA 17033 SSN: 162-66-5986 DOB: 7/18/1976 The Alternate Payee shall have the duty to notify the Plan of any changes in mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Commonwealth of Pennsylvania Deferred Compensation Program (hereinafter referred to as "Plan"). The name of the Participant's employer is the Pennsylvania Turnpike Commission. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. Effect of this Order as a Qualified Domestic Relations Order: This order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan under section 457(b) of the Internal Revenue Code (the "Code"). 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relation laws of 23 Pa. C.S.A. §3502. 7. Provisions of Marital Property Rights: This Order relates to the provisions of support alimony, equitable distribution or other marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee an amount equal to: 7A1 Sixteen thousand and 00/100 ($16,000.00) dollars of the Participant's Total Account Balance under the Plan as of the date of this Order is processed. Such Total Account Balance shall include all amounts maintained under all of the various accounts and/or sub-accounts established on behalf of the Participant, including, but not limited to, any rollover, transfer, and the self directed brokerage account. The Alternate Payee's portion of the benefits described above shall be allocated on a prorata basis from all of the core money type accounts and core investment options maintained under the Plan on behalf of the Participant. Such benefits shall also be segregated and separately maintained in a non- forfeitable Account(s) established on behalf of the Alternate Payee. This Account(s) will initially be established proportionately in the same core investment options as the Participant account. Alternate Payee may make investment selections as and when permitted under the terms of the Plan. Alternate Payee's account shall experience gains and or losses according to the investment experience of the investment options in which Alternate Payee's share is invested. 8. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects on the appropriate Plan form that is submitted to the Plan, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date of this order is approved as a PADRO by the Plan. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan. The Alternate Payee's account shall bear all fees and expenses as though the Alternate Payee were a Participant. 9. Alternate Payee's Rights and Privileges: On and after the date that this order is deemed to be a PADRO, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. The Alternate Payee may not make contributions to the Alternate Payee account. 10. Death of Alternate Payee: In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's Estate. The Alternate Payee may not designate a beneficiary. 11. Death of Participant: Should the Participant predecease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 12. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefits or any option not otherwise provided under the Plan; b. to provide increased benefits to the Alternate Payee; C. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a PADRO; or d. to make any payment or take any action which in inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 13. 14 15 16. 17 Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan of such information as the Plan may reasonably require from such parties. Continued Qualified Status of Order: It is the intention of the parties that this DRO continue to qualify as a DRO under section 414(p) of the Code, as it may be amended from time to time, and that the Plan shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. Tax Treatment of Distributions Made Under This Order: For purposes of sections 402(a)(1) and 72 of the Code, or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income tax on such distribution. Parties Responsibilities in Event of Error: In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall return such payments to the Plan within ten (10) days of receipt. Effect of Plan Termination: In the event of Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 18. Continued Jurisdiction: The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code section 414(p), as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 19. Fee: A processing fee of $250.00 shall be charged one-half ($125.00) against the Alternate Payee's share/account and one-half ($125.00) against the Participant's remaining account. In the event that the Alternate Payee is awarded 100% of the Participant's account balance as of the date this Order is processed pursuant to this Order, the entire processing fee shall be charged to the Alternate Payee's account/share. If there are not sufficient funds in either party's account to pay that party's respective share of the fee, the differ, s all b charged to the other party BY TH Judge Sr?F?? ? I? ??O Distribution: even Howell, Esquire (Defendant's Counsel) 619 Bridge Street New Cumberland, PA 17070 -` ?James G. Nealon, III, Esquire (Plaintiff's Counsel) 2411 North Front Street Harrisburg, PA 17110 Great West Retirement Services (Plan Administrator) PO Box 173764 Denver, CO 80217-3764 l: ?I? ICES rn.5.t ??cl? Si l - 1J rla ; < s• 0- S .-?,, ? "A 9- 3S BOOZ CONSENT OF THE PARTICIPANT AND ALTERNATE PAYEE w By. By. Zjva?-- Greg W. Mi r M issa A. Miller Partici ant Alternate Pa ee Date: ' ©q Date: b19 Commonwealth of Pennsylvania SS County of C.". f ?/yIG? On this, the G ?day of ' - ? , 2008, before me, a Notary Public, the undersigned officer, personally appeared MELISSA A. MILLER (known to me or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal: By: G? /?A) &)& Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Berit T. Howell, Notary Public New Cu nberland Boro, Cumberland County My Commission E0res May 10, 2009 Commonwealth of Pennsylvank6mber, Pennsylvania Associatipn of Notaries SS County of I)C1.1 j Oan On this, the _712- day of >J- , 2008, before me, a Notary Public, the undersigned officer, p onally appeared GREG W. MILLER (known to me or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal: By: , I AM -? &0h Notary Public My Commission Expires:- > a ?' a NOTAR1At siAl LAURA i OM No" lubltc CRY of MAINOMOMt4. CAWMIN c My canmb"n EXPk" KW I, 2112 JAHMWOP N AWAU -4"uq VU*m 3 b%*I A .OVAMWW" 40 rtf St d .6 ON MWQX3 MNIOMRWO MO GREG W. MILLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No. 07-1534 Civil Term MELISSA A. MILLER, Defendant ACTION CUSTODY PRAECIPE TO SUBSTITUTE COUNSEL Kindly enter the appearance of the law firm of Rhoads & Sinon, LLP and Stephanie E. DiVittore as counsel for Defendant Melissa A. Miller and withdraw Steven Howell, Esquire as counsel for Defendant Melissa A. Miller. Respectfully submitted, Respectfully submitted, RHOADS & SINON LLP By: >11?en Hdwell, Esquire 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 By: v Stephanie E. DiVittore, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17101 (717) 233-5731 703678.1 CERTIFICATE OF SERVICE I hereby certify that on this wxl day of September, 2008, a true and correct copy of the foregoing Praecipe to Substitute Counsel was served by means of United States Mail, postage prepaid upon the following: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 James G. Nealon, III, Esquire Nealon Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 IL r J ?- rJ C"? a C c?a r? f ; ',. -?i ? ,^ ?y `? N ? ` --< . .? Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12'' Mr. P.O. Box 1146 Harrisburg, PA 17108-1146 GREG W. MILLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. Docket No. 07-1534 Civil Term MELISSA A. MILLER, Defendant ACTION CUSTODY UNCONTESTED MOTION FOR ENTRY OF AN AMENDED, QUALIFIED DOMESTIC RELATIONS ORDER NOW COMES Defendant Melissa Miller, by and through her counsel, Rhoads & Sinon LLP, and files the within Uncontested Motion for Entry of an Amended, Qualified Domestic Relations Order and in support thereof avers as follows: 1. The parties in this matter entered into a Marital Settlement Agreement, filed with the Court on September 2, 2008, governing the division of the parties' assets and liabilities, including Plaintiff's retirement account. (A copy of the Agreement is attached hereto as Exhibit "A" and incorporated herein by reference). 2. Pursuant to the terms of the Agreement, Ms. Miller was to be awarded the balance of Plaintiff's retirement account not to exceed $16,000. 3. In accordance with the Agreement, the Court issued a Qualified Domestic Relations Order ("QDRO") dated September 5, 2008 governing payment of Plaintiff's retirement 726823.1 account to Defendant in accordance with the Agreement. (A copy of the Court Order is attached hereto as Exhibit "B" and incorporated herein by reference). 4. The QDRO specified that Ms. Miller was assigned an amount equal to $16,000 of the Plaiontiff's account balance under his account, the Commonwealth of Pennsylvania Deferred Compensation Program. 5. The QDRO was forwarded to the administrator of Plaintiff's retirement account, Great-West Retirement Services, for processing. 6. Great-West forwarded correspondence dated September 24, 2008 indicating that it could not implement the QDRO, as drafted, because there were not sufficient funds in the account for the same. (A copy of the September 24, 2008 correspondence is attached hereto as Exhibit "C" and incorporated herein by reference). 7. The parties, through counsel, worked with Great-West to develop a proposed, amended QDRO which is consistent with the parties' Agreement and acceptable for processing. 8. The parties, and Great-West, have reached an Agreement regarding the language to be included in such Order so that Great-West is able to process the transfer of benefits as agreed to in the property settlement. (Copies of Great-West's correspondence and correspondence from Plaintiff's counsel indicating agreement are attached hereto as Exhibit "D" and incorporated herein by reference). 9. Counsel for Plaintiff, James Nealon, III, Esquire, does not oppose this Motion. l ! 10. Pursuant to Rule 208.3 of the Cumberland County Rules of Procedure, the Honorable Edward E. Guido previously ruled on the related matter, issuing the September 5, 2008 QDRO. WHEREFORE Plaintiff Melissa Miller respectfully requests that this Court enter an Amended Qualified Domestic Relations Order permitting the transfer of benefits in accordance with the parties' Marital Settlement Agreement. Respectfully submitted, RHOADS & SINON LLP By: ,4f ,?- ,ff -L--- I E. DiVittore, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17101 (717) 233-5731 Counsel for Melissa Miller EXHIBIT A JUL-30-2000 15:14 NERLON & COVER GREG W. MILLER, PLAINTIFF V. MELISSA ANN"MILLER, DEFENDANT 717 236 9119 P.03/14 : IN THE COUNT OF CQIIAPO PL EAS : CUMBERLAND COUNTY, PENMS1fLVANiA NO. 07-1634 CIVIi' Term DIVORCE ACTION ', MAR T ENT (IRE EiiVIENT J THIS AGREEMENT, made this day of July, 2008, by and between MELISSA ANiTMILLER (hereihafter called "Wife") and GREG-W. MILLED' (h.ereinsfter called "Husband"). WITNESSETH: WHIRR A-S, Husband-and Wife were marrled November 8, 2003; and WHEREAS, the Parties are the parents and naturaf guardians of a minor child, ALEXIS N. MILLER (DOB: July 30, 2005); and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued 'to each of therm in the estate and real and petionel- property of the other by reason of the marriage, 'and, all- economic rights of every, kind and desoription arising from the marital relationship, Including but not . limited to present and future rights of Inheritance, support, maintenance, alimony payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and In full discharge, settlement and satiigfaction of all such' rights and claims. NOW THEREFORE, In consideration of the premises and of the marriage, and In further consideration of the -mutual promises and undertakings heteinafter set forth, each intending-to be legally-bound' hereby, the partles agree as follows: 1. SEPAIrv' TION. It shall be "lawful for each party at all times hereafter to live separate and apart from the other party at such. place as he or she may from time to time choose or deem fit. The foregoing provisions shall not-'be taken as an admission on the part of either party?of thc,laWfOlness or unlawfulness of the causes' leading to their living apart. r(G. 2. 1N IT WERE=. Each .? party shall be free from interference, authdcity and' contact by the other, as fully as If he -or she were single and unmarried except as may be 'necess to carry out a provision of this Agreement. _1:i .:1 r.?4/14 JUL-30-2008 15:14 NERLON & GOVER 717 236 91113 3. WIM RESTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and, in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save hanInless Husband from any and all claims or demands made against him by reason of debts or obligations Incurred by her. Any and all loans, and/or debts and charge accounts- presently in Wife's name alone shail':e'tItilife's `sole and separate responsibility for payment-thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by wife. 4. HU- BAEiR J. -DEBTS. Husband represents and warrants to Wife that as of the--:date- of separation he has not incurred; and in the future he will, not contract or Incur, any debts or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands- made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and -charge accounts presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to Indemnify.and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. D11?lhl C??p'lsR4<a, Husband and Wife agree that the following constitutes an equitaible distribution of the marital property. A. Husband-'a Property The following property shall become the sole and exclusive property of the Husband;. Albright; title and Interest in the 2001 Toyota Tundra. Husband shall be solely responsible for all repairs, maintenance, insurance and registration fees for thwvehicle; and 2. All right, title and interest In any of Husband's pension, 401(k), IRA, retirement or otlher- accounts in his name (other than the balance of Husband's deferrad- compensation account, which Is to be transferred to Wife as discussed below); and B. wife's Property The following property shall become the Is and exclusive property of Wife; JAL-30-2000 15 14 NEPLON & COVER 717 236 9119 P.05/14 .1. All right, title and interest In the 2002 Toyota eamry. Wife• shall! be solely responsible for all payments, repairs, maintenance, insurance and registration fees for the vehicle; and 2. All right, title and interest In any of Wife's pension, 401(k), IRA, retirement or other accounts In her name; and 3. The balance of Husband's deferred compensation 6 be tran`sferred to Wife pursuant to a Qualified Domestic Relations Order, to be prepared by counsel for Wife. The balance in the account Is approximately $18;000.00. If the balance Is less than $18,000:00; Husband will pay Wife the amount that the account Is below $18,000. Wife shall :. be solely responsible for -any taxes, cost, penalties or other charges in connection with the transfer. 4. The sum of $15,000.00 at the time Husband refinances the mortgage on the marital residence, as discussed below. C. Marlta'f Home 1. Husband and Wife currently own the property' known as 487 Lancaster Avenue, Enola, Pennsylvania. 2. The property is currently encumbered by a mortgage.- In the name of both Husband and Wife. Within thirty (30) days of the execution of this Agreement, Husband will refinance the mortgage to. ,remove Wife from the obligation. At the time of the refinancing; Wife shall receive $15,000.00. 3. At the time of refinancing, Wife shall execute a deed conveying the property to Husband. The property shall then-become the sole and separate property of Husband, D. Other property. The parties agree that they have divided all other separate and marital property to their mutual satisfaction. As of the date of this Agreement, any and all property not specifically addressed herein shall be owned by .the party to whom the property Is titled, and if untitled, the party In- possession. This Agreement shall-constitute a sufficlent?blll of sAWto evidence the transfer of any and, all rights in such property from one to the other. Each party hereby waives any and all claims -to the property of the other that is' either titled In the name of the other party or in the osssnsession. . er party's p l?? W)6v'c"' 713 ?/ U' T'2L-30-2008 J.5: 15 NEALON & GOVER ?l'r ??b yxiy r.eb?l?+ 6. EFFECT OF S,U, RS" EQUEN'T BANKRUPTCY. The Parties agree that none of the Parties obligations under the terms of this Agreement are intended to be a debt that is- affected by a discharge in bankruptcy. They further specifically intend that the Parties obligations under the terms of this Agreement shall be non-dischargeable and' not subject to discharge In bankruptcy because they acknowledge that, based upon the respective incomes, assets and needs of the Parties and their households, such are necessary for each to meet his/her financial obligations and to:supptlrt-and maintain his/her standard of living. The parties represents that there are no bankruptcy proceedings presently pending in which they are Involved. The parties expressly agree not to file a bankruptcy action prior to the completion of his/her obligations pursuant to this Agreement. These obligations shall not be discharged in a bankruptcy action filed by or against either Party, .7. FWM Eig. The.partles' have previously agreed to file joint federal and state 'lax returns. Both parties agree that In the event of any deficiency In . federal, state or local ineorne tax is proposed or any assessment of any such taxes made against either of them, each will Indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment or any interest, penalty and expense Incurred In connection therewith. Such tax, Interest, penalty or expense shall be paid solely and entirely by the individual who Is finally determined to be cause of the misrepresentations or failure to disclose the nature and.extent of his or her sepa:rate-.Incorne on the foresaid joint return. In even tax years, it is specifically and mutually understood and agreed and: recognized by an between the parties hereto that Wife shall claim the U.S. individual Income tax exemption and any other federal, state or local income or other tax exemptions for the minor child. In odd tax years, it is specifically and mutually understood and agreed and recogni..zed by an between the parties hereto that Husband shall clglm the U .S. individual income tax exemption and any other federal, state or local income or other tax exemptions for the minor child. Neither party shall interfere in any way or take any step or do any act that. would interfere with the other party securing the benefit of such tax exemption. 8• ALIMONY- AL U PO T. Both parties agree to make no claim for alirrrony, alimony pendente lite, spousal support or any claim for separate maintenance now or at `any future time, or in connection with the pending divorce action between-the parties 9. C,01?L..FEJES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees In connection with this Agreement and the pending divorce action between th a les. n -2 ?Z JDL-30-2008 15:15 NEALON & GOOER 71'r dJb y11y r. vi r,, s4 10. Pt 1411 ; NGIAL DiISCLOS;URE: The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or. to defend against its enforcement or any portion thereof based- upon the absence of' such a disclosure by the other party, or based upon any claim that it 1611hequitable, unconscionable or doe not make a reasonable- provision for one or, the other of them. 11, . NO?FAULT:. DMME. Both parties agree to execute an Affidavit of Consent and U-aiver of Notice of Intention to Request Entry of a Divorce Decree to: facilitate-- entry of a divorce decree pursuant to Section 3301(c) of the DivorceZode at'thezexpimtlon of ninety (90) days from the date of service of the divorce Complaint Instituted by Husband In the Court-of Common Pleas of Cumberland County, Pennsylvania. 12. BIB If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as maybe available to him or her respectively. 13. AQflhF'I I AL INSTFt.UM T.S. Each of the parties shall from time to time, at then r Vest of they other; execute, acknowledge, and d'eliverto the q other party any and all further Instruments, Including Deeds and other real estate=related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 44. VOL'[JKt`f EXECUTION, The provisions of this Agreement have been read by the Parties. Each party acknowledges that-the Agreement is. fair and equitable, that full disclosure has been made -by each respective part to- the other, that it is being entered into voluntarily, and that it Is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which ahs been requested bar the respectively. Husband acknowledges that he has the right`to obtain counsel. Husband represents that he has either had this Agreement reviewed by independent counsel or waives the right to do so. Both Parties ad knowledge that they have had the advice and benefit of counsel In entering into thin Agreement. 15. Vi gg -OF -_.GLAINI Aa?41 OT, ESTATE. Except as herein otherwise provided; `each party may dispose.of his or her property in anyway, and each party hereby waives and relinquishes any and all dghts-`he or she may now or hereafter acquire, and the present or future. laws of.any 2J31)o? JUL-30-2008 15:15 NEPLON & GOVER 717 236 9119 P.06/14 Jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all Instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 16. IN:CORI? PRAT-FO QV AGREEMENT FOR ENFORCEMENT, This Agreement shall bind the parties hereto and their respective fiMlrs, executors, administrators, legal representatives and assigns. This Agreement shall` survive a decree of divorce between the parties in any jurisdiction and any other Order, which may be entered In accordance with this Agreement. In the event that a Decree of Divorce -is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree of Divorce is entered In any other; jurisdiction, the parties agree to incorporate this Agreement In the Divorca_:Decree for purposes of enforcement. It Is the specific intent of the parties to be bound by the provisions 'hereof In Ileu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel'fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provisions hereof. In the event that any final order of court Is entered In any jurisdiction with respect to the parties hereto which Is contrary to the provision hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 17. ENTIRE AGREEMEN1. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or. undertaking other than those expressly set forth herein, 1'$. ,> ffJGE AND ?A,,,IMER. A modification or waiver of any of the provisions ofthls Agreement shall be effective only if made 16 writino..and executed with the same formality as-this Agreement. The'faifure of either party to insist upon strlct` performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the some or similar nature. 19, MUR PTIVE HEADIINGS, The descriptive headings used herein are-for convenience only, They shall have no effect whatsoever in det6miining the rights or obligation of the prattles. 20. 1R!R_-eV0QAB1LITY. it is understood and agreed to by and between the respective parties hereto that` the property dlvislan-distribution effected by the herein Agreement Is IRREV CABLE and that such division- 7/3)/09 JUL-30-2008 15:16 NERLON & GOVER a 71'/ 2,Sb `J11`J. H.ldy/14 distribution shall not be. affected by any future change in circumstatices of the respective parties OIL by other statutory or judicial-: alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other Jurisdiction. Except as provided herein; the: parties hereby waive any:respective rights to financial support and/or alimony and/or pension or future expedtandtes each may respectively have under prior, current or future laws or case decisions. IN WI'TNES 'WHEREOF, the parties have hereunto set their hands and seals the-day and-year first above written. &2?n ME ISSSA ANN MILLER Witness GREG Ni:` IL EXHIBIT B t ?• r`n GREG W. MILLER PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1534 MELISSA A. MILLER DEFENDANT CIVIL ACTION (DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of , 2008, based on the findings set forth in items one through five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through nineteen: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on November 8, 2003 and divorced on 2. Participation Information: The name, last known address, Social Security number and date of birth of the Plan "Participant" are: Greg W. Miller 487 Lancaster Avenue Enola, PA 17025 SSN: 211-56-0419 DOB: 7/27/1971 3. Alternate Payee Information: The name, last known address, and Social Security number of the "Alternate Payee" are: Melissa A. Miller 30 Townhouse Briarcrest Gardens Hershey, PA 17033 SSN: 162-66-5986 DOB: 7/18/1976 The Alternate Payee shall have the duty to notify the Plan of any changes in mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Commonwealth of Pennsylvania Deferred Compensation Program (hereinafter referred to as "Plan"). The name of the Participant's employer is the Pennsylvania Turnpike Commission. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. Effect of this Order as a Qualified Domestic Relations Order: This order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan under section 457(b) of the Internal Revenue Code (the "Code"). 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relation laws of 23 Pa. C.S.A. §3502. 7. Provisions of Marital Property Rights: This Order relates to the provisions of support alimony, equitable distribution or other marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee an amount equal to: 7A1 Sixteen thousand and 00/100 ($16,000.00) dollars of the Participant's Total Account Balance under the Plan as of the date of this Order is processed. Such Total Account Balance shall include all amounts maintained under all of the various accounts and/or sub-accounts established on behalf of the Participant, including, but not limited to, any rollover, transfer, and the self directed brokerage account. The Alternate Payee's portion of the benefits described above shall be allocated on a prorata basis from all of the core money type accounts and core investment options maintained under the Plan on behalf of the Participant. Such benefits shall also be segregated and separately maintained in a non- forfeitable Account(s) established on behalf of the Alternate Payee. This Account(s) will initially be established proportionately in the same core investment options as the Participant account. Alternate Payee may make investment selections as and when permitted under the terms of the Plan. Alternate Payee's account shall experience gains and or losses according to the investment experience of the investment options in which Alternate Payee's share is invested. 1 t Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects on the appropriate Plan form that is submitted to the Plan, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date of this order is approved as a PADRO by the Plan. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan. The Alternate Payee's account shall bear all fees and expenses as though the Alternate Payee were a Participant. 9. Alternate Payee's Rights and Privileges: On and after the date that this order is deemed to be a PADRO, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. The Alternate Payee may not make contributions to the Alternate Payee account. 10. Death of Alternate Payee: In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's Estate. The Alternate Payee may not designate a beneficiary. 11. Death of Participant: Should the Participant predecease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 12. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefits or any option not otherwise provided under the Plan; b. to provide increased benefits to the Alternate Payee; C. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined'to be a PADRO; or d. to make any payment or take any action which in inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 13. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan of such information as the Plan may reasonably require from such parties. 14. Continued Qualified Status of Order: It is the intention of the parties that this DRO continue to qualify as a DRO under section 414(p) of the Code, as it may be amended from time to time, and that the Plan shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 15. Tax Treatment of Distributions Made Under This Order: For purposes of sections 402(a)(1) and 72 of the Code, or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income tax on such distribution. 16. Parties Responsibilities in Event of Error: In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall return such payments to the Plan within ten (10) days of receipt. 17. Effect of Plan Termination: In the event of Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 18. Continued Jurisdiction: The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code section 414(p), as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 19. Fee: A processing fee of $250.00 shall be charged one-half ($125.00) against the Alternate Payee's share/account and one-half ($125.00) against the Participant's remaining account. In the event that the Alternate Payee is awarded 100% of the Participant's account balance as of the date this Order is processed pursuant to this Order, the entire processing fee shall be charged to the Alternate Payee's account/share. If there are not sufficient finds in either party's account to pay that party's respective share of the fee, the differ e shall b charged to the other party BY TH Judge Distribution: Steven Howell, Esquire (Defendant's Counsel) 619 Bridge Street New Cumberland, PA 17070 James G. Nealon, III, Esquire (Plaintiff's Counsel) 2411 North Front Street Harrisburg, PA 17110 Great West Retirement Services (Plan Administrator) PO Box 173764 Denver, CO 80217-3764 y.: nit I like w4 MV; wilt v^'pV ?iSki LA L J? H i?4`f}INS Pa .S4d at .., ..::.rwY 5}iY1?1? .- CONSENT OF THE PARTICIPANT AND ALTERNATE PAYEE By. By. Greg W. Mil r Melissa A. Miller Participant Alternat Payee Date: O Date: , SDK Commonwealth of Pennsylvania County of Cu,g1 SS On this, the (v day of ? 2008, before me, a Notary Public, the undersigned officer, personally appeared MELISSA A. MILLER (known to me or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal: By: AA7V offiolea Notary Public My Commission Expires: Commonwealth of Pennsylvania County of LQ? I COMMONWEALTH OF PENNSYLVANik Notarial Seal 10 Bent T. Howell, Notary Public [New Cumberland Boro, Cumberiand?Co?unty My Corrurfission Expires May 10, Member, Pennsylvania Association of Notaries SS On this, the ? day of lk?l; , 2008, before me, a Notary Public, the undersigned officer, pers nally appeared GREGW.. MILLER (known to me or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal: By: Notary Public My Commission Expires: S - L4 -a0 tD NOTARIAL SEAL LAURA S NOR Notary Public CITY OF HARRISNiRG, DAUPHIN COON Mr CommlaW Expike Ma 4. 2012 EXHIBIT C 09/24/2008 15:04 7177701278 by/2a/9P10@ 72.06 3©373, 6 m era t_vlest September 24, 2008 STEVEN HOWELL ESQ HOWELL LAW FIRM 619 BRIDGE STREET NEW CUMBERLAND PA 17070 VIA FACSIMILE: (717) 7701278 HOWELL LAW FIRM FRED RE: Filed Qualified Domestic Relations Order, Name of, Participant: Greg W. Miller Plan #; 98978-01 Dear Mr. Howell: PAGE 03/04 PAGE 02/03 8515 East OrOard Road Greenwood Vfllage. Co 80111 (203) 7373000 Address mail to- P.O. 173764 Denver, CO 80217-3788 We are in receipt of the filled Qualified Domestic Relations Order (QDRO) regarding Greg W. Miller's Commonwealth of Pennsylvania De;fexred Compensation. Pxogxam. Tr, accordance with Great-West Retirement aorvicesM contract with the plan, Great-West is permitted to automatically process a Domestic Relations Order mccived for a Plan Participant which is substantially similar to the Plant's pre-approved model order, ThR Plan's procedures for detemining whether a Domestic Reladons Order received meets the requirements to constitute a QDRO include ensuring that all blanks on the Plan's approved model order or a form substantially similar thereto are correctly filled out, that the amount awarded to the A.Iternatc Payee cart be determined, that the Order clearly indicates that it has been approved by the, court and indicates the judge's signature, date and entry stamp. Great-West has reviewed the filed Order and has determined that the filed Order is acceptable and qualifies as a QDRO =der the ternm of the Plan,. However, there are insufficient funds it the Participant's accotuat to process the Order due to market fluctuation. Tberefore, the Order is being rejected. We will not hold onto an Order or monitor the account to see ii'/ btn the account balance will rise to an amoutat that will satisfy the A.ltemate Fayee's award amount. Please fax a proposed amended Order to us (866) 745-5766 for review prior to audit entry. Due to market fluctuation, we will not pre-gusmtee that there will be sufficient funds in the account. T11C. Power of PatInerir7g i 09124/2008 15:04 717770127! HOWELL LAW FIRM 09/24/28©Q 12:86 30373+, a FRED Steven Howell,,Esq. September 24, 2005 Page 2 Tf you have sty questions, please call us at (366) 360-1192, option 1. Sincerely, Jake Cristo£ano Group Retirement Corr"pondent Financial ScMces Division PAGE 04/04 PAGE 03/03 cc: Greg W. miler r EXHIBIT D Fax Server 12/18/2008 12:10:01 PM PAGE 2/003 Fax Server arpt-vw?est RETIREMEMT SE #CKS" December 18, 2008 STEPHANIE E DI VTTTORE RHOADS & S1NON LLP ONE SOUTH MARKET SQUARE 12T" FLOOR PO BOX 1146 HARRISBURG PA 17108-1146 VIA FACSIMTLIE: (717) 237-6790 RE: Proposed Amended Qualified Domestic Relations Order Name of Participant: Greg W. Miller Plan #: 98978-01 Dear Ms. DiVittore: 8515 East Orchard Road Greenwood Village, CO 80111 (303) 737-3000 Address mail to: P.O. 173764 Denver, CO 80217-3764 We are in receipt of the proposed Amended Qualified Domestic Relations Order (QDRO) regarding Greg W. Miller's Commonwealth of Pennsylvania Deferred Compensation Program. In accordance with Great-West Retirement Services(& contract with the Plan, Great-West is permitted to automatically process a QDRO received for a Plan Participant which is substantially similar to the Plan's pre-approved model order. Great-West has reviewed the proposed QDRO in connection with the above-mentioned Participant and has determined the proposed Order is acceptable and can be submitted to the court for Order entry. However, prior to court entry, we would have you add the following to section # 16: In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee .shall return such payments to the Plan within ten (10) days ofreceipt. The proposed Order awards the Alternate Payee] 00% of the account as of December 1, 2008, and the gains/losses accruing thereon from said date to the date of transfer to the Alternate Payee. Please fax a copy of the court entered Order to us at (866) 745-5766. Upon receipt of the entered Order, a separate account will be established under the Alternate Payee's name. Fax Server d Stephanie E. DiVittore December 18, 2008 Page 2 12/18/2008 12:10:01 PM PAGE 3/003 Fax Server If you have any questions, please call us at (866) 360-1192, option 1. Sincerely, t j &Ir Jake Cristofano Group Retirement Correspondent Financial Services Division cc: Greg Miller Fax Server 12/18/2008 12:10:01 PM PAGE 1/003 Fax Server CORRESPONDENCE DEPARTMENT FINANCIAL SERVICES DIVISION FACSIMILE TRANSMITTAL SHEET TO: FROM: Stephanie E. DiVittore Correspondence Department COMPANY: DATE: 12/1 8/2008 12:09:24 PM FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 717-237-6790 3 NOTES/COMMENTS: Attached is the information you requested. For additional questions, please contact us at 1-866-360-1192. jnealon3@sprint.blackberry.n To SDiVittore@rhoads-sinon.com et cc 12/22/2008 09:10 AM bcc Please respond to inealon3@sprint. blackberry.net Subject Re: Miller QDRO Ok by me Sent on the Now Network? from my Sprint° B1ackBerry -----Original Message----- From: SDiVittore@rhoads-sinon.com Date: Mon, 22 Dec 2008 09:07:22 To: Jim Nealon<jnealon@ngplawfirm.com> Subject: Miller QDRO Mr. Nealon: Attached please find correspondence from Mr. Miller's benefit administrator requesting - once again - that we modify the language to include the sentence below. If it is not acceptable, please let me know, otherwise I will file the request for the modified QDRO quickly, thanks, Stephanie In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall return such payments to the Plan within ten (10) days of receipt. (See attached file: Miller Correspondence.pdf) ***************** Notice: This email transmission, including any attachments, may contain confidential information protected by the attorney-client or other legal privilege. Unauthorized use, distribution or copying is prohibited. If you received this email in error, please notify the sender by replying to this email or by calling Rhoads & Sinon LLP at 717.233.5731 and deleting the erroneous transmission from your system without copying it. Thank You. " The United States Treasury Regulations and Circular 230 require all tax professionals to advise their clients that any U.S. federal tax advice contained in any written communications (including emails and attachments thereto) is not intended to be used, and cannot be used, by any recipient for the purpose of avoiding penalties that may be imposed under federal tax laws. Furthermore, no statement contained herein should be used to promote, market or recommend any federal tax transactions to third parties. V. . - V Any person reviewing this information, other than the intended recipient, is expressly advised to consult with their own independent tax advisor with respect to any tax advice contained herein.,, t , . M CERTIFICATE OF SERVICE I hereby certify that on this day of December, 2008, a true and correct copy of the foregoing document was served by means of United States Mail, postage prepaid upon the following: James G. Nealon, III, Esquire Nealon Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 U.." t _,-?j ,? _? ?,?; i? . , £ f J GREG W. MILLER, Plaintiff V. MELISSA A. MILLER, Defendant DEC 31 Md IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 07-1534 Civil Term CIVIL ACTION (DIVORCE) AND NOW, this , day ofzLa64X, 2008, based on the findings set forth in items one through five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through nineteen: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on November 8, 2003 and divorced on September 4, 2008. 2. Participation Information: The name, last known address, Social Security number and date of birth of the Plan "Participant" are: Greg W. Miller 487 Lancaster Avenue Enola, PA 17025 S SN: 211-56-0419 DOB: 7/27/1971 3. Alternate Payee Information: The name, last known address, and Social Security number of the "Alternate Payee" are: Melissa A. Miller 30 Townhouse Briarcrest Gardens Hershey, PA 17033 SSN: 162-66-5986 DOB: 7/18/1976 724332.1 r ? The Alternate Payee shall have the duty to notify the Plan of any changes in mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Commonwealth of Pennsylvania Deferred Compensation Program (hereinafter referred to as "Plan"). The name of the Participant's employer is the Pennsylvania Turnpike Commission. 5. Effect of this Order as a Qualified Domestic Relations Order: This order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan under section 457(b) of the Internal Revenue Code (the "Code") 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relation laws of 23 Pa.C.S.A. §3502. 7. Provisions of Marital Property Rights: This Order relates to the provisions of support alimony, equitable distribution or other marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee an amount equal to: 7A I 100% of the Participant's total Account Balance accumulated under the Plan as of December 1, 2008 (or the closest valuation date thereto). The Alternate Payee's benefit herein awarded shall be credited with any investment income (or losses) attributable thereon from the aforesaid valuation date (or the closest valuation date thereto), until the date of transfer of the Alternate Payee's share to the Alternate Payee. Such Total Account Balance shall include all amounts maintained under all of the various accounts and/or sub-accounts established on behalf of the Participant, including, but not limited to, any rollover, transfer, and the self directed brokerage account. The Alternate Payee's portion of the benefits described above shall be allocated on a prorate basis from all of the core money type accounts and core investment options maintained under the Plan on behalf of the Participant. Such benefits shall also be segregated and separately maintained in a non-forfeitable Account(s) established on behalf of the Alternate Payee. This Account(s) will initially be established proportionately in the same core investment options as the Participant account. Alternate Payee may make investment selections as and when permitted under the terms of the Plan. Alternate Payee's account shall experience gains and or losses according to the investment experience of the investment options in which Alternate Payee's share is invested. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall return such payments to the Plan within ten (10) days of receipt. 8. Commencement Date and Form Payment to Alternate Payee: If the Alternate Payee so elects on the appropriate Plan form that is submitted to the Plan, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date of this order is approved as PADRO by the Plan. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan. The Alternate Payee's account shall bear all fees and expenses as though the Alternate Payee were a Participant. 9. Alternate Payee's Rights and Privileges: On and after the date that this order is deemed to be a PADRO, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. The Alternate Payee may not make contributions to the Alternate Payee account. 10. Death of Alternate Payee: In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's Estate. The Alternate Payee may not designate a beneficiary. 11. Death of Participant: Should the Participant predecease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 12. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefits or any option not otherwise provided under the Plan; b. to provide increased benefits to the Alternate Payee; C. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a PADRO; or d. to make any payment or take any action which in inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 13. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan of such information as the Plan may reasonably require from such parties. 14. Continued Qualified Status of Order: It is the intention of the parties that this DRO continue to qualify as a DRO under section 414(p) of the Code, as it may be amended from time to time, and that the Plan shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 15. Tax Treatment of Distributions Made Under this Order: For purposes of sections 402(a)(1) and 72 of the Code, or any successor Code section, any Alternate Payee who is the spouse of the Participant shall be treated as the distribute of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income tax on such distribution. 16. Parties Responsibilities in Event of Error: In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts directly to the Alternate Payee within ten (10) days of receipt. 17. Effect of Plan Termination: In the event of Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 18. Continued Jurisdiction: The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code section 414(p), as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 19. Fee: A processing fee of $250.00 shall be charged one-half ($125.00) against the Alternate Payee's share/account and one-half ($125.00) against the Participant's remaining account. In the event that the Alternate Payee is awarded 100% of the Participant's account balance as of the date of this Order is processed pursuant to this Order, the entire processing fee shall be charged to the Alternate Payee's account/share. If there are not sufficient funds in either party's account to pay that party's respective share of the fee, the difference shall be charged to the other party. ___0_ '-3wtt"a:q s )tfid t . p ) l or ?l I CW S31 Jod r+r? NVE, 601 lil Id 3- 60,3Z 0 Z' GREG W. MILLER, PLAINTIFF V. MELISSA ANN MILLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1534 Civil Term ACTION IN CUSTODY PETITION FOR EMERGENCY RELIEF OF GREG W MIL ER 1. Petitioner, Greg W. Miller ("Father"), is an adult individual who currently resides at 487 Lancaster Avenue, Enola, Pennsylvania 17025. 2. Respondent, Melissa Ann Miller ("Mother"), is an adult individual who currently resides at 51 Carriage Road, Palmyra, Pennsylvania. 3. The parties are the parents and natural guardians of one minor child, Alexis N. Miller (DOB: 7/30/2005). 4. Pursuant to an agreement of parties, this Honorable Court issued an Order on October 12, 2007, regarding the custody of Alexis. The Order provides that the parties would share legal and physical custody. A true and correct copy of the Order is attached hereto and incorporated herein by reference as Exhibit "A". 5. Mother exercised custody from February 9 through February 11, 2009. Father picked up Alexis at daycare the evening of February 11, 2009. That night, when giving the child a bath, Father noticed the child's vaginal area was red, irritated and swollen. 6. The next day, February 12, 2009, Father took the child to her pediatrician, Jones, Daly, Coldren Associates. 7. The doctor examined Alexis and noted the following: I • 4 i 1 -0 , 19. Respondent is now represented by Stephanie E. DiVittore, Esquire who does not concur in the relief requested. WHEREFORE, Petitioner, Greg W. Miller, urges This Honorable Court to issue an Respectfully NEALON LAW Order suspending Mother's periods of physical custody pending a hearing, or alternatively, directing that Nick Seiple not be able to be present during any time that Mother is exercising physical custody. =- By: James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: X ! a.0 1 b J . EXHIBIT "A" i OCT - 2007AIi A, J GREG W. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA A. MILLER : No. 07-1534 Civil Term Defendant : ACTION IN CUSTODY ?. COURT ORDER AND NOW, this? day of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: Legal Custody: The Father, Greg Miller, and the Mother, Melissa Miller, shall enjoy shared legal custody of the minor child, Alexis N. Miller, born 7/30/05. The parties 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Father and Mother shall share physical custody of Alexis pursuant to the following schedule. The parties shall share physical custody on a 2/2/3 schedule; i.e. Father has physical custody Monday and Tuesday, Mother has physical custody Wednesday and Thursday, Father has physical custody Friday through Sunday. The following week, Mother has physical custody Monday and Tuesday, Father has physical custody Wednesday and Thursday and Mother has physical custody Friday through Sunday. This schedule shall be repeated in the subsequent weeks. 3. Exchanges: The custodial parent shall transport Alexis and the pick up/drop off location shall be at Alexis' day care or school, unless the parties mutually agree to an alternate location. 4. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 5. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say A n • anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. All major holidays and Alexis' birthday shall be alternated and arranged as mutually agreed upon. The holiday schedule shall commence with Mother having Memorial Day 2007 and Father having the Fourth of July 2007. In the absence of mutual agreement regarding times for the holidays, the parties may adopt the attached holiday schedule. 9. Each parent shall have seven consecutive days of vacation with Alexis. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. The parties may expand this vacation time by mutual agreement. 10. This Order is entered pursuant to 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. Cc: Steven Howell, Esquire James Nealon, Esquire John J. Mangan, Esquire In T and TRUE COPY monV WK-,rcot, RECORD I h&re untO set n1Y hand . A , HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Mother Father holiday to6 pm the day of the holiday Labor Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Thanksgiving is From 6 pm the evening before Mother Father. Half Thanksgiving Day to 3 pm on Thanks ivin Da Thanksgiving 2" From 3 pm on Thanksgiving Day to Father Mother half 6 m the day after Thanksgiving Day Christmas 1St Half From noon on 12/24 to noon on Mother Father 12/25 Christmas 2" Half From noon on 12/25 to noon on Father Mother 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday EXHIBIT "B" 4 .M a'. E + 02/12/09 JONES, DALY, COLDREN ASSOCIATES Acct#: 12965 Alexis N Miller DOB: 07/30/2005 Sex: F Age: 3 years Nurse Note: SYMPTOMS: CK VAGINAL AREA, IRRITATED, SWOLLEN, REDNESS, VERY FUSSY, WAS W/ HER MOM OVER THE WKEND SHE STATED SHE WAS TRYING TO CLEAN OUT A&D W/ A Q-TIP! Labs: ?Refer to HRQ FORM: ? Completed ? Paid ? Mailed ? Picked Up Subjective CC: See above M.A./Nurse note. HPI: I have reviewed and agree with the history above. Any additions are detailed below. Child presents with redness and irritation of her clitoris. Dad reports that child came home from mom's house with the red, painful clitoris. Mom reportedly called dad and told him that child's clinoris was red due to mom cleaning A and D ointment out of the area with a q-tip. Mom reportedly stated that the daycare applied too much A and D ointment. However, when dad called the daycare, they reportedly told him that they did not apply any A and D ointment to Alexis. Dad and paternal grandmother are concerned about the abrasions as well as how she obtained them. Alexis doesn't say how she obtained the injury when asked. ROS: Y N YN YN YN ? ® Fever ? ® Runny Nose ? ® Cough ? ® Difficulty Breathing ? ®Sore Throat ? ® Ear Pain ? ® Congestion ? ® Poor Eating ? ® Poor Drinking ? ® Vomitingq ? ® Diarrhea ? ® Decreased UOP Items not checked did not apply to this compraint and, therefore, were not asked. Current Meds: Claritin 5mg Allergies: Omnicef - Hives PMH: Immun/Inj. Record: 90723-Pediarix (IPV,Hepb And DPT) 02/16/06 12/01/05 09/28/05 90716-Varicella (Chicken Pox) Vaccine 12/04/06 90707-MMR Vaccine, Live, For Subcutaneous Use 12/04/06 90700-DTaP Vaccine Younger Than 7 03/22/07 90669-Prevnar Vaccine Under 5Yrs 08/28/06 02/16/06 12/01/05 09/28/05 90658-Influenza Virus Split 3 Yrs And Above For Intramuscular Use 09/30/08 90657-Influenza Virus Split Children 6-35 Mo Of Age Intramuscular Use 10/25/07 12/04/06 03/30/06 02/28106 90647-Hib (3 Dose)PRP-Omp Conjugate 08/28/06 12/01/05 09/28/05 90633-Hep A 09/25/07 03/22/07. Medical Problems: Labial Adhesions - (5/2006) Reviewed, no changes. FH: Father: Greg Miller B i rth d ate: 07-27-1971 Allergies: Seasonal (Hayfever). Alexis N Miller DUB'07/30/2005 Page`42^ Mother: Melissa Miller Birthdate: 07-18-1976 Reviewed, no changes. SH: Child Social Hx: Responsible Party: Greg Miller.Father Occupation: Operator - EquipmentMother Occupation: SecretaryChild Lives With: Mother And Father - PARENTS SEPARATEDChild Smoke Free: Home is smoke-free (Child Care) Reviewed, no changes. Objective Wt: 391b Wt Prior: 41 lb as of 01/29/09 Wt Dif: -21b Wt%: 91 st T: 98.4 Normal Comments General: Nontoxic, NAD Eyes: No lesions noted Ears: TMs normal ? Nose: No congestion Throat: Tonsils symmetric No erythema Neck: Supple, min LAD Lungs: CTAB CV: RRR s1s2 no m,r,g GI: SNDNT no HSM ? Skin: No rashes Neuro: No focal deficits Extrem: Nontender, no edema GU: Erythema and 2 small abrasions of the clitoris. Labial adhesions remain intact other than a 5mm opening. No discharge or abnormal odor. Of note, child did cry and resist my examination of her private area. NOTE: All checked items indicate normal findings. All unchecked items were deferred unless abnormal findings are noted. Assessment #1: 919.0 Injury Superficial Abrasion Oth Mult Unspec W/O Infection Comments ABRASIONS ON THE CLITORIS Plan for #1: Comments : 1. Allow alexis to sit in warm water without soap 2. Apply diaper cream if she continues to complain of discomfort 3. Discussed with dad and paternal grandmother my duty to report any injury that I find at all suspicious. Dad and grandmother agree and understand as they are concerned as well. I called and spoke with Kim at the Cumberland Co Children and Youth office. She will refer to the Children's Resource Center. 4. Dad will call for any additional questions or concerns. Plan Other Med Current Claritin 5mg 1 po qd Seen by: • A { .4 10% • VERIFICATION I, GREG W. MILLER verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: o? a d %? . TA? GREG LER a w. M CERTIFICATE OF SERVICE AND NOW, this 20th day of February, 2009, 1 hereby certify that I have served the foregoing Petition for Emergency Relief via fax and regular mail to: Stephanie E. DiVittore RHOADS & SINON One South Market Square Harrisburg, PA 17108-1146 James G. Nealon, III, Esquire A IR V2 ?\ nit 17 n, f I f ? 4? A } GREG W. MILLER, PLAINTIFF V. MELISSA ANN MILLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1534 Civil Term ACTION IN CUSTODY d ORDER AND NOW, this.2 3 day of February, 2009, upon consideration of the Petition for Emergency Relief filed by Greg W. Miller, it is hereby ORDERED and decreed that when Melissa is exercising physical custody, Nicholas Seiple shall not be in the home of Melissa Miller or otherwise present during the periods of custody. A hearing is scheduled for y?0 da of IM ?/? y 0444-, 2009, at a?34 o'clock goC?/p.m. By the Court: J. r 53?C60 _ GREG W. MILLER, PLAINTIFF PENNSYLVANIA v. MELISSA ANN MILLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, NO. 07-1534 Civil Term ACTION IN CUSTODY f*4!WE AND NOW, this day of F*Ipy, 2009, it is hereby Ordered and Decreed that the Pinnacle Health Children's Resource Center shall conduct an interview and evaluation of Alexis N. Miller regarding the allegations contained in the Petition for Emergency Relief of Greg W. Miller. By the Court: J. l N Cv- e _ ° V M cv ?_ GREG W. MILLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA ANN MILLER NO. 2007 -1534 CIVIL TERM ORDER OF COURT AND NOW, this 5T" day of MARCH, 2009, the hearing previously scheduled for Friday, March 20, 2009, at 2:00 p.m. is rescheduled to FRIDAY. APRIL 3, 2009. at 2:00 R M. in Courtroom # 3. By th , Edward E. Guido, 1. ?]ames G. Nealon, III, Esquire Stephanie E. DiVittore, Esquire :sld 12of Ces M-a LL 3/slof Xty) I --Z Wd S- HVW 60oz TO 1-,;??t-C11311? GREG W. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS MELISSA ANN MILLER, Defendant NO. 2007-1534 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of April, 2009, hearing in this matter is continued to June 4, 2009, at 1:00 p.m. The parties are directed to call a play therapist within 5 days of today's date to arrange to get the child involved in play therapy. We will be interested in seeing a report from the play therapist at the scheduled hearing. Pending said hearing, our prior order shall remain in full force and effect. By tj:e Court, Edward E. Guido, J. '"James G. Nealon, III, Esquire For Plaintiff Stephanie E. DiVittore, Esquire For Defendant mlc Co ma t LcL ??'??? ? ? ?±t??? 1•? ? ? :? ?? L- ?a? ba?z .,?:... GREG W. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 07-1534 CIVIL TERM MELISSA A. MILLER, IN CUSTODY Defendant IN RE: SPECIAL RELIEF ORDER OF COURT AND NOW, this 4th day of June, 2009, after hearing, our order of October 12th, 2007 is amended to provide the following: 1. When the child is in the custody of Mother, she shall not be left alone in the presence of Mother's fiance's son in this case. In all other respects, our order of October 12, 2007, is ratified and confirmed. /James G. Nealon, III, Esquire For the Plaintiff .,Xstephanie E. DiVittore, Esquire For the Plaintiff :mlc FILED-{3 FICE OF 11-iF PROT14,740TARY 2009 JUN -9 PH 3= 15 WMBE 'i?"dD 1--AXI IN RFNtiNG4ANIA Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12' Mr. P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Defendant GREG W. MILLER, Plaintiff V. MELISSA A. MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 07-1534 Civil Term ACTION CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER NOW COMES Defendant Melissa A. Miller n/k/a Melissa Seiple, by and through her attorneys, Rhoads & Sinon LLP, and files the within Petition for Modification of Custody Order as follows: 1. On or about October 12, 2007, this Court entered an Order setting forth the custody arrangement regarding the parties' minor child Alexis Miller born July 30, 2005. (A copy of the Order is attached hereto as Exhibit "A" and incorporated herein by reference). 2. By Order dated June 4, 2009, this Court modified the prior Order regarding leaving the child alone with Mother's stepson. (A copy of the June 4, 2009 Order is attached hereto as Exhibit "B" and incorporated herein by reference). 3. Pursuant to the Order, Plaintiff and Defendant have shared, legal custody of the child. Plaintiff and Defendant also have shared, physical custody of the child pursuant to a 2/2/3 schedule. 762734.1 4. Since entry of the October 12, 2007 Order, however, circumstances have changed for the parties and the child. 5. Specifically, the child will start school in August, 2010. Plaintiff resides in Enola which is part of the East Pennsboro School District. Mother resides in Palmyra which is part of the Palmyra Area School District. 6. Based on the fact that the parties reside in different school districts, as well as other actions by Plaintiff during his periods of custody of the child, Mother believes the child's best interests and permanent welfare are best served by an award of primary, physical custody to her with periods of partial custody and visitation to Plaintiff. 7. Mother has attempted to communicate with Plaintiff concerning issues surrounding their daughter, but Plaintiff has refused to adjust his behavior or otherwise conduct himself in a manner best suiting his child and her interests. WHEREFORE Defendant Melissa A. Miller n/k/a Melissa Seiple respectfully requests that the Court modify the existing Order to award her primary, physical custody of the minor child Alexis Miller because it will best serve the minor child's interests and welfare. Respectfully submitted, RHOADS & SINON, LLP By. 51 6, \?. 1 Stephanie E. DiVittore Attorney I.D. No. 85906 One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant -2- VER?'ICATION Melissa Seiple Ma Melissa Miller deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, that she makes this verification by its authority and that the facts set forth in the Petition for Modification are true and correct to the best of her knowledge, information and belief Date Mel' Seiple EXHIBIT "A" OCT ~ 8 20070 GREG W. MILLER Plaintiff W MELISSA.A. MILLER Defendant U : IN THE COURT OF COMMON PLEAS CUMBERLAND* COUNTY, PENNSYLVANIA No. '07-1:534 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this ay of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Father, Greg Miller, and the Mother, Melissa Miller, shall enjoy shared legal custody of the minor child, Alexis N. Miller; born 7/30/05. The parties 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to. all records and information pertaining to the Child including, but not limited.to,.medical, dental, religious or school records; the'residence address of the Child `and of the other parent. To the extent one. parent. has.possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable- time 'as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Father and Mother shah share'physical custody of Alexis pursuant to the following schedule. The parties shall share physical custody on a 2/2/3 schedule; i.e. Father has physical custody Monday and Tuesday, Mother has physical custody Wednesday and Thursday, Father has physical custody Friday through Sunday. The following week, Mother has physical custody Monday and Tuesday, Father has physical custody Wednesday and Thursday and Mother has physical custody Friday through Sunday. This schedule shall be repeated in'th6, subsequent weeks. 3. Exchanges: The custodial parent shall transport Alexis and the pick up/drop off location shall be at Alexis' day care or school, unless the parties mutually agree to an alternate location. 4. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 5. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange-the Child from the other party, or injure the opinion of the Child as to the other' party, or may hamper the free and natural development of the Child's love or affection for the other party. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. All major holidays and Alexis' birthday shall be alternated and arranged as mutually agreed upon. The holiday schedule shall commence with Mother having Memorial Day 2007 and Father having the Fourth of July 2007. In the absence of mutual agreement regarding times for the holidays, the parties may adopt the attached holiday schedule. 9. Each parent shall have seven consecutive days of vacation with Alexis. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. The parties may expand this vacation time by mutual agreement. 10. This Order is entered pursuant to 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. Cc: Steven Howell, Esquire James Nealon, Esquire John J. Mangan, Esquire f TRUit COP, `MOO RECORD and In Y timorv?r wheteef, "nto vt.jnnY Sal t ?r1 and a sea 1 V, N V ODD HOLIDAYS AND lams E EYEARS YEARS SPECIAL DAYS Easter Day From 6 pm the evening before the Mother Father. holiday to 6 pm the day of the holida Memorial Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening bef= Mother Father holidda holiday to6 m the day of t Labor Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Thanksgiving 1 S From 6 pm the evening before Mother Father. Half Thanksgiving Day to 3 pm on Thanks n Da Thanksgiving 2" From 3 pm on Thanksgiving Day to Father Mother. half 6 m the day after Thanksgiving Da Christmas 1$ Half From noon on 12/24 to noon on Mother Father 12/25 Christmas 2" Half From noon on 12/25 to noon on Father Mother 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday GREG W. MILLER Plaintiff V. MELISSA A. MILLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1534 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SLMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: . 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alexis N. Miller 7/30/05 Shared by Mother and Father 2. A Conciliation Conference was held on May 4, 2007 with the following individuals in attendance: The Father, Greg W. Miller, with his counsel, James G. Nealon, III, Esquire The Mother, Melissa A. Miller, with her counsel, Steven Howell, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: w w? Jo J angan, squire C st dy Conciliator EXHIBIT "B" GREG W. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS N0. 07-1534 CIVIL TERM MELISSA A. MILLER, IN CUSTODY Defendant . IN RE: SPECIAL RELIEF ORDER OF COURT AND NOW, this 4th day of June, 2009, after hearing, our order of October 12th, 2007 is amended to provide the following: 1. When the child is in the custody of Mother, she shall not be left alone in the presence of Mother's fiance's son in this case. In all other respects, our order of October 12, 2007, is ratified and confirmed. James G. Nealon, III, Esquire For the Plaintiff Stephanie E. DiVittore, Esquire For the Plaintiff :mlc #.1 bra U012 'set my t a,x paid at Comte, Pa. 070.00 Po ATI f e0- 447873 e,T4- C23 4 5q GREG W. MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-1534 CIVIL ACTION LAW MELISSA A. MILLER N/K/A MELISSA SEIPLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, December 14, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, January, 18, 2010 at 10:00 AM 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 pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ohn . Mangan. r. Es q. j kA Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILED4) HU OF THE, OjARY 2004 DE.C 15 PM 2: 2 -tm t E.I?Iiwu f? Vhf !? ,all.rlov- P Cory lam, . Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12a' Flr. P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Defendant GREG W. MILLER, Plaintiff V. MELISSA A. MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 07-1534 Civil Term ACTION CUSTODY PROOF OF SERVICE Pursuant to the Acceptance of Service attached hereto as Exhibit "A," the Petition for Modification of Custody Order directed to Plaintiff Greg Miller was served on December 14, 2009. Respectfully submitted, RHOADS & SINON LLP By: `' 4f7'2-L_ Stephanie E. DiVittore, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant 764673.1 EXHIBIT A s GREG W. MILLER, Plaintiff V. MELISSA A. MILLER, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 07-1534 Civil Term ACTION CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaint in this matter on behalf of Plaintiff Greg W. Miller in my capacity as his attorney and certify that I am authorized to do so. c? Date James G. Nealon, III, Esquire Nealon Law Firm, P.C. 2411 North Front Street Harrisburg, PA 17110 763969.3 . CERTIFICATE OF SERVICE I hereby certify that on this 1 day of December, 2009, a true and correct copy of the foregoing Proof of Service was served by means of United States mail, first class, postage prepaid, upon the following: James G. Nealon, III, Esquire Nealon Law Firm, P.C. 2411 North Front Street Harrisburg, PA 17110 0, - -??j ara Whistler FILED-- il-r CE OF THE PROTHONOTARY 2009 DEC 15 PM 1: 33 GREG W. MILLER, PLAINTIFF V. MELISSA ANN MILLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1534 Civil Term ACTION IN CUSTODY PRAECIPE OF WITHDRAW OF APPEARANCE To The Prothonotary: Please withdraw the appearance of the undersigned counsel on behalf of the Plaintiff, Greg W. Miller, with respect to the above captioned matter. Respectfully submitted, NEALON LA FI , PC By. ?. James G. Nealon, III, Esquire Supreme Court I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Dated: *-/1 4C N' ?'7ARY 2009 DEC 22 M $G: 4 ?8 I GREG W. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1534 CIVIL TERM MELISSA ANN MILLER, CIVIL ACTION - LAW Defendant CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearances of Max J. Smith, Jr., Esquire and Jarad W. Handelman, Esquire as counsel for Greg W. Miller, Plaintiff in the above-captioned matter. Date: December 18, 2009 Max J. Smith, Jr., Esquire I.D. No. 32114 Jarad W. Handelm squire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 t??'" `lnT THE 14,, )TAPY 2009 DEC 22 AN 10. 42 3 FEB 012010 1 GREG W. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-1534 Civil Term MELISSA A. MILLER N/K/A MELLISA SEIPLE N Defendant : ACTION IN CUSTODY ?n Prior Judge: Edward E. Guido, J. COURT ORDER .p AND NOW, this day of February 2010, upon consideration of e r.,.0 ...? attached Custody Conciliation Report, it is ordered and directed that: w 1. The Order of Court dated October 12, 2007 is hereby VACATED and replaced with this Order. The Order of Court dated June 04, 2009 is ratified and confirmed. 2. This Order is entered pursuant to a Custo4? '' Conciliation CQ erence. A Custody Hearin is hereby scheduled on the _L_ day of Als&Ak , 2010 at Ir am/bW in Courtroom number 3 in the Cumberl d County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Greg Miller, and the Mother, Melissa Miller, shall enjoy shared legal custody of the minor child, Alexis N. Miller, born 7/30/05. The parties 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: The Father and Mother shall share physical custody of Alexis pursuant to the following schedule. The parties shall share physical custody on a 21213 schedule; i.e. Father has physical custody Monday and Tuesday overnight, Mother has physical custody Wednesday and Thursday overnight, Father has physical custody Friday through Sunday overnight. The following week, Mother has physical custody Monday and Tuesday overnight, Father has physical custody Wednesday and Thursday overnight and Mother has physical custody Friday through Sunday overnight. This schedule shall be repeated in the subsequent weeks. 5. Exchanges: The custodial parent shall transport Alexis and the pick up/drop off location shall be at Alexis' day care or school, unless the parties mutually agree to an alternate location. 6. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. All major holidays and Alexis' birthday shall be alternated and arranged as mutually agreed upon. The holiday schedule shall commence with Mother having Memorial Day 2007 and Father having the Fourth of July 2007. In the absence of mutual agreement regarding times for the holidays, the parties shall adhere to the attached holiday schedule. 11. Each parent shall have seven consecutive days of vacation with Alexis. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. The parties may expand this vacation time by mutual agreement. 12. This Order is entered pursuant to 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. ?hanie DiVittore Esq., One South Market Square, 12 th Floor P.O. Box 1146, Harrisburg, PA 17108-1146 -"Max Smith, Esq., P.O. Box 650, Hershey, PA 17033 ,John J. Mangan, Esq. 1 a;L L/w H HOLIDAYS AND TIMS EVEN ODD SPECIAL DAYS- YEARS YEARS Easter Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Memorial Day From '6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Mother Father holiday to6 m the day of the holiday Labor Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holida Thanksgiving 1 S From 6 pm the evening before Mother Father. Half Thanksgiving Day to 3 pm on Thanksgiving Da Thanksgiving 2" From 3 pm on Thanksgiving Day to Father Mother half 6 m the day after Thanksgiving Da . Christmas 1$ Half From noon on 12/24 to noon on Mother Father 12/25 Christmas 2" Half From noon on 12/25 to noon on Father Mother 12/26 Mother's Day From 6 pm the evening before the Mother Mother. holiday to 6 pm the day of the holiday Father's Day From 6p m the evening before the Father Father holiday to 6 pm the day of the holiday GREG W. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-1534 Civil Term MELISSA A. MILLER N/K/A MELLISA SEIPLE Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alexis N. Miller 7/30/2005 Shared by Mother and Father 2. An Order of Court was issued October 12, 2007 and an Order of Court was issued 06/04/2009. A Conciliation Conference was held on January 29, 2010 with the following individuals in attendance: The Father, Greg W. Miller, with his counsel, Max Smith, Esquire The Mother, Melissa A. Miller, with her counsel, Stephanie DiVittore, Esquire 3. Father's position on custody is as follows: The parties have been sharing physical custody on a 2/2/3 schedule for over two years at this point and Father believes that things are going very well. Mother and Father live approximately thirty miles apart from each other. Father resides in Enola, which is part of the East Pennsboro School District, and the kindergarten is a full day kindergarten. Father indicates that this would mean that day care would not be necessary. Father indicates that Mother already has been traveling with the Child on her custodial days to the day care near Father's residence and that Mother could continue to do so if the Child went to his school district. Father indicates that he has a lot of family support near his residence that could assist with caring for Alexis if need be. Father continues to reside in the marital residence and indicates that the Child feels very comfortable and stable when the Child is with him. Father indicates that Alexis has become accustomed to her friends that are in the day care with her and that she would be attending school with the same friends. It is apparent to the undersigned that the parties have a significant lack of communication regarding Alexis. Father indicated that he would be willing to engage in therapeutic family counseling, but is not willing to undergo a custody evaluation due to financial constraints. 4. Mother's position on custody is as follows: Mother requests primary physical custody of Alexis. Mother indicates that Alexis would be better off if the Child primarily resided with her. Mother lives in Palmyra and desires to enroll Alexis in the school district where she resides. The kindergarten where Mother proposes Alexis attends is a half day program; however, Mother indicates that day care is not and issue and her current husband can assist in caring for Alexis when she is working. Mother indicates that Father does work a lot and that paternal grandmother provides a significant portion of care for Alexis. Mother indicates that she feels that she can offer a stable and loving environment for Alexis. Mother indicates that she would be willing to undergo a custody evaluation but is not willing to engage in therapeutic counseling. 5. It should be noted that the undersigned's impression is that both Mother and Father love their daughter and by all appearances both have done a commendable job raising her to this point. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one day. 7. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: Adz,1_10 angan, Esquire us dy Conciliator Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12" Flr. P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Defendant GREG W. MILLER, Plaintiff V. MELISSA A. MILLER, Defendant ng()- FCE cr THE Pq0?H(`NCTAW 2010 APR 19 PM 1: 16 PENNSYLMA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 07-15J4 Civil Term ACTION CU NOW COMES Melissa A. Miller, n/k/a Melissa Seiple, and files this Memorandum for the custody hearing in this matter: WITNESSES 1. Melissa Seiple - Ms. Seiple will testify regarding her request for primary, physical custody of minor child Alexis Miller. Specifically, Ms. Seiple will testify about her concerns that the child is not emg parented by Plaintiff during his periods of custody, that the child' s best int rests and permanent welfare will be best served by an award of physical custody to Ms. Seiple so that the child has a regular, routine and stable environment. Ms. ',Seiple will also testify regarding the difficulties in communication, Mr. Miller' s l unwillingness to cooperate with Ms. Seiple or communicate with her concerning important events and activities involving the child. 2. Beth Pendergast - Ms. Pendergast is Alexis' day care teacher and will testify regarding the child' s attendance at daycare and communications, by Plaintiff, with the daycare facility. 3. Donna Grimm - Ms. Grimm, Ms. Seiple' s mother, will testify regarding her interactions with Ms. Seiple and the minor child, as well as the impact and difficulty of the problems between Ms. Seiple and the Plaintiff. 4. Representative, INA Investigations - The representative will testify concerning investigative services performed on behalf of Ms. Seiple concerning Plaintiff leaving the child at the home of his parents during lhis periods of visitation. I 5. Plaintiff, Greg Miller, as on cross-examination. 6. Defendant also reserves the right to cross-examine all witnesses called by Plaintiff. Respectfully submitted, RHOADS & SINON LLP By: L. ?fh-u Stephanie E. DiVittore One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs 2 GREG W. MILLER, Plaintiff/Respondent V. MELISSA A. MILLER, N/K/A MELISSA A. MILLER, Defendant/Petitioner: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1534 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 21st day of April, 2010, hearing in the matter is continued to August 6, 2010, at 9:30 a.m. Pending said hearing, our Order of February 2, 2010, shall remain in full force and effect. In addition, it is suggested that the parties undergo a custody evaluation using Dr. Kasey Shienvold and that the costs be split on an equal basis. It is ordered that the parties begin co-parent counseling immediately. By the Court, Edward E. Guido, J. Stephanie E. DiVittore, Esquire For Defendant/Petitioner ? v C o rt Max. J. Smith, Esquire ^° For Plaintiff/Respondent `-' ''' ' '" -10 [, r N -0 T srs i 1 ; _ r n (2o ES ? ? rn ,e r7l:R L Tl tf ~. f•1 ~,y! . :r I'... 1 , l . Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 ~uG~ q Pn1~3.5 t r„, ,.:r11 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjs(a~jsdc.com GREG W. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. MELISSA A. MILLER n/k/a MELISSA A. SEIPLE, Defendant N0.2007-1534 CIVIL CIVIL ACTION -LAW CUSTODY PLAINTIFF'S MOTION FOR RECONSIDERATION AND NOW, comes the Plaintiff, Greg W. Miller, by and through his attorneys, James, Smith, Dietterick & Connelly, LLP, who moves this Honorable Court for reconsideration of the Custody Order issued on August 6, 2010. In support thereof, Plaintiff avers as follows: 1. Plaintiff, Greg W. Miller (hereinafter "Father") and Defendant, Melissa A. Seiple (hereinafter "Mother") are the parents of one (1}minor child: Alexis N. Miller, born July 30, 2005. 2. On December 7, 2009, Mother filed a Petition for Modification of Custody Order, in which she sought to change the shared physical custody schedule to Mother having primary physical custody. 3. The prior Court Order dated February 2, 2010 calls for the parties to share physical custody of Alexis on a 2/2/3 schedule, such that one parent has custody on Monday and Tuesday, and the other parent having custody on Wednesday and Thursday, with weekends alternated. 4. The parties have been adhering to a equally shared custody schedule for the past 3-1/2 years. 5. A hearing was held in this case on August 6, 2010, which resulted in the entry of an Order of Court that day, granting Mother primary physical custody during the school year, with Father having primary physical custody during the summer. 6. At the August 6 hearing, this Honorable Court inquired whether Father would agree if the child attends school in the Palmyra School District, where Mother resides, that the 2/2/3 schedule remain in effect. 7. At said hearing, Father responded through counsel by stating that while he currently would like the 2/2/3 schedule to remain in effect, he could not provide transportation for Alexis to Palmyra during his periods of custody during the week. 8. Subsequent to the hearing, after having more time to think about the transportation arrangements, Father is now able to arrange for transportation of Alexis to school in Palmyra during this custodial periods. 9. There would be no disruption to Alexis's schedule if the 2/2/3 schedule remains, and Father will assure Mother that transportation will be provided to and from school by Father or his family members during all periods of Father's custody. 10. The 50/50 shared physical custody schedule as aforementioned has served Alexis's best interests exceptionally well, and will continue to promote her best welfare. WHEREFORE, Plaintiff, Greg W. Miller, respectfully requests that this Honorable Court reconsider the Custody Order of August 6, 2010 and issue an Amended Custody Order granting the Motion for Reconsideration herein. Respectfully submitted, TTERICK & CONNELLY, LLP Dated: August 9, 2010 MAX J. SMITH, JR~/ES(2U1Ktr Attorney I.D. #32114 JARAD W. HANDELMAN, ESQUIltE Attorney I.D. #82629 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff, Greg W. Miller GREG W. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2007-1534 CNIL MELISSA A. MII,LER n/k/a MELISSA A. SEIPLE, CNIL ACTION -LAW Defendant :CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~ day of August, 2010, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Plaintiff s Motion for Reconsideration, by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Rhoads & Sinon, LLP Attn: Stephanie E. DiVittore, Esquire 1 S. Market Square P.O. Box 1146 Harrisburg, PA 17101-2141 MAX J. SMITH, JR., E uire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 GREG W. MILLER, VS Plaintiff MELISSA A. MILLER N/IVA MELISSA A. SEIPLE, Defendant IN THE COURT OF COMMON PLEAS OF S~ CUMBERLAND COUNTY, PENNSYLV~II f;I~ ~ ~_ Gi ~ NO. 07-1534 CIVIL TERM ~` ~ ~ t "=~T~-?}i . ~ ~ S'. . t-'' ~• ~ : ACTION IN CUSTODY o. LL's ,.. ORDER OF COURT AND NOW, this 6th day of August, 2010, we enter the following order: 1) All prior court orders are vacated and replaced with this order. 2) Legal Custody: The Father, Greg Miller, and the Mother, Melissa Miller, shall enjoy shared legal custody of the minor child, Alexis N. Miller, born 7/30/05. The parties 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extend one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3) Physical custody: a) School year: Mother shall have primary physical custody with father having partial physical custody every other weekend from Thursday after school until Monday at the beginning of school. Father shall be responsible for transportation. b) Summer vacation: Father shall have primary physical custody commencing Monday after school ends until 7 days before school begins. Mother shall have partial physical custody every other weekend from Thursday after work until Monday at the beginning. of work. Mother shall be responsible for transportation. 4) The parents shall continue in co-parent counseling until they are discharged. 5) The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 6) In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 7) Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Chitd's love or affection for the other party. 8) During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9) All major holidays as well as Alexis's birthday shall be alternated and arranged as mutually agreed upon. Absent a mutual agreement, the attached holiday schedule shall control and shall supersede the physical custody schedule set forth in No. 3 above. 10) Each parent shall have seven consecutive days of vacation with Alexis. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. The parties may expand this vacation time by mutual agreement. By the C , Edward E. Guido, J. '/ Max Smith, Esquire P.O. Box 650 Hershey, PA 17033 ~ Stephanie DiVittore, Esquire P.O. Box 1146 Harrisburg, PA 17108-1146 CDP~eS iN.R,!'~ iS~l~I1D HOLIDAYS AND TIlVIES ~ EVEN ODU SPECIAL DAYS ~~ ~' ~ Easter Day. From 6 pm the evening before the Mother Father. holiday to 6 pm the day of the holida Memorial Day From 6 pm the evening before the Father Mother holiday. to 6 pm the day of the holida Independence Day From 6 pm the evening before the Mother Father holida to6 m the da of the holida Labor Day From 6 pm the evening before the Father .Mother holiday to 6 pm the day of the holida Thanksgiving 1 S From 6 pm the evening before Mother Father. Half Thanksgiving Day to 3 pm on Thanks ivin Da Thanksgiving 2° ~ . From 3 pm on Thanksgiving Day to Father Mother . half 6 m the da after Thanks ivin Da Christmas is Half From noon on 12/24 to noon on Mother Father 12/25 Christmas 2" Half From noon on 12/25 to noon on Father Mother 12/26 Mother's Day From 6 pm the evening before the Mother Mother. holiday to 6 pm the day of the holida Father's Day From 6 pm the evening before the Father Father ,holiday to 6 pm the day of the holida .. ,z.... i ~ AUG 10 2010 GREG W. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSY~VA~ ,._. vs. NO. 2007-1534 CIVIL ~~ ~ --, r MELISSA A. MILLER n/k/a _ ~ MELISSA A. SEIPLE, :CIVIL ACTION -LAW ~p Defendant :CUSTODY ~ RULE TO SHOW CAUSE ^, AND NOW this L~ day of , 2010, u on resentation and P p consideration of the within Motion for Reconsideration, it is hereby Ordered that Defendant show cause, if any, why the prayer of the Motion should not be granted. Rule returnable ~ days from the date of service. Service shall be effected upon Stephanie E. DiVittore, Esquire, counsel of record for Defendant. Distribution: /M J. Smith, Jr., Esq., P.O. Box 650, Hershey, PA 17033-0650 tephanie E. DiVittore, Esq., P.O. Box 1146, Hamsburg, PA 17108-1146 ~ ,•~S ~~~ ~ ~~~~~ EDWARD E. GUIDO, J. TI Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. 982629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjs(,jsdc.com 2010" 15 PMI 3- W? GREG W. MILLER, Plaintiff IN THE COURT OF COMMON CUMBERLAND COUNTY, PEI V. vs. MELISSA A. MILLER n/k/a MELISSA A. SEIPLE, Defendant NO. 2007-1534 CIVIL CIVIL ACTION -LAW CUSTODY MOTION FOR HEARING I AND NOW comes the Plaintiff, GREG W. MILLER, by his attorney, MAX Jl SMITH, JR., Esquire, and respectfully states as follows: 1. On August 9, 2010, Plaintiff filed a Motion for Reconsideration, a result of which a Rule to Show Cause was issued on August 12, 2010. 2. A responsive pleading was filed by Defendant on August 17, 2010. I 3. The parties have been unable to reach an agreement regarding the issues whi?h have been raised to date. WHEREFORE, Plaintiff respectfully requests that your Honorable Court entiIer an (Order scheduling a hearing. Respectfully submitted, I Date: August 19, 2010 "' 11-6 W L4 MAX J. SMITH, JUL, Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 GREG W. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-1534 CIVIL MELISSA A. MILLER n/k/a MELISSA A. SEIPLE, CIVIL ACTION -LAW Defendant CUSTODY CERTIFICATE OF SERVICE AND NOW, this i day of August, 2010, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Plaintiff's Motion for Hearing, by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Rhoads & Sinon, LLP Attn: Stephanie E. DiVittore, Esquire 1 S. Market Square P.O. Box 1146 Harrisburg, PA 17101-2141 MAX J. SMITH, V squire /Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLO P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 901D AVS /8 PM o2.33 s4vittore@rhoads-sinon.com, l E ,; u RUOADS & SINON LLP 211 C i% 0* South Market Square, 12& Flr. P.O. Box 1140 Harrisburg, PA 17108-1146 t ?- Attorneys for Defendant GREG W. MILLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : Docket No. 07-1534 Civil Term MELISSA A. MILLER n/k/a MELISSA A. SEIPLE, Defendant ACTION CUSTODY ANSWER TO RULE TO SHOW CAUSE NOW COMES Defendant Melissa A. Miller n/k/a Melissa Seiple ("Defendant" or "Mother"), and files this Answer to the Rule to Show Cause dated August 12, 2010, issued by the Court in response to the Motion for Reconsideration filed on behalf of Plaintiff Greg Miller ("Plaintiff' or "Father"). For the reasons set forth more fully below, Mother asserts that this Court's Order regarding custody was proper and there is no valid basis for reconsideration therof. In support of such position, Mother avers as follows: 1. Admitted. 2. Admitted. By way of further answer, Mother sought primary, physical custody because the child would be starting school, as well as serious concerns she had concerning Father's parenting of the child and refusal to communicate with her about the child and her activities during his periods of custody. 789503.1 3. Admitted. 4. Admitted. By way of further answer, however, Mother sought a change in this arrangement, as she did not believe shared, physical custody on a 2/2/3 schedule continued to be in the best interest of her daughter. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Mother is without knowledge as to the truth of this allegation and proof thereof is specifically demanded. By way of further response, Mother has serious concern that the transportation arrangements would be for Father's stepmother to transport the child before and after school, again highlighting the concerns of Mother as shown at the hearing that it is Mr. Miller's father and stepmother that parent the child during his periods of custody, not him. 9. Denied. It is specifically denied that a continued shared schedule of 2/2/3 is appropriate or in the child's best interest. This Court's ruling in this case was based on the express finding of expert witness Dr. Kasey Shienvold who testified, in his expert opinion, that the child not continue with shared, physical custody, but instead have a primary physical custodian. He further testified that he believed the child's best interests were served by an award of primary, physical custody to Mother, Melissa Seiple. To suggest a basis for vacating the prior Order simply because Father can now find transportation to the child to and from the Palmyra School District is without merit and should be rejected by this Court. 10. Denied. It is specifically denied that the 50/50 shared physical custody schedule will continue to promote the child's best interests or welfare. By way of further answer, the evidence introduced during the hearings in this case clearly established that the child's best interests would be served by an award of primary, physical custody to her Mother. This was based on substantial evidence of Father's problematic behavior, lack of parenting during his periods of custody and the expert evidence concerning Mother's role as parent and interviews of the parties. There is no evidence to suggest that a continued shared, physical custody schedule is appropriate or proper for this child. WHEREFORE Defendant Melissa Seiple respectfully requests that this Honorable Court deny the Motion for Reconsideration filed on behalf of Plaintiff Greg Miller. Respectfully submitted, RHOADS & SINON LLP By, Stephanie E. DiVittore Attorney I.D. No. 85906 sdivittore@rhoads-sinon.com One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs VERIFICATION Melissa Seiple f/k/a Melissa Miller deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, that she makes this verification by its authority and that the facts set forth in the foregoing Answer to Rule to Show Cause are true and correct to the best of her knowledge, information and belief. D Date wll.? ??' Melis a Seiple 784526.1 CERTIFICATE OF SERVICE I hereby certify that on this I` Kday of August, 2010, a true and correct copy of the foregoing Answer to Rule to Show Cause was served by means regular mail, postage prepaid, upon the following: Max J. Smith, Jr., Esquire James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033-0650 Dara Whistler Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 sdivittore @rhoads-sinon.com, RHOADS & SINON LLP One South Market Square, 121' Flr. P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Defendant GREG W. MILLER, Plaintiff V. MELISSA A. MILLER n/k/a MELISSA A. SEIPLE, Defendant ALED-CPRCE OF THF: ,,nTAP.Y' PM 1: 59 CUMBEh.,?'wiJ C;JU'YfY PENNSYN" : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 07-1534 Civil Term ACTION CUSTODY ANSWER TO MOTION FOR HEARING NOW COMES Defendant Melissa A. Miller n/k/a Melissa Seiple ("Defendant" or "Mother"), and files this Answer to the Motion for Hearing filed on behalf of Plaintiff Greg Miller ("Plaintiff" or "Father"). For the reasons set forth more fully below, Mother asserts that this Court's Order regarding custody was proper and there is no valid basis for another hearing. In support of such position, Mother avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. By way of further response, however, the parties have been unable to reach an agreement because there is no basis for any change. In that respect, this Court conducted a full hearing over two days, including a custody evaluation and expert testimony from Dr. Kasey Shienvold. Based on the evidence at the hearing and Dr. Shienvold's testimony, 790089.1 this Court concluded that the best interest and permanent welfare of this child was served with an award of primary, physical custody to Mother. Father's recent determination - that he would be able to transport the child to Palmyra to school several days a week - does not mandate any different result, as it does not change the fact that the child's best interest is served with an award of primary, physical custody to Mother. This Court determined the child's needs were not best served by a continuing shared, physical custody schedule, so Father's schedule or ability to transport has no relevance whatsoever. Father's request for a hearing is without basis and constitutes a waste of judicial resources, as well as attorneys' fees and costs. WHEREFORE Defendant Melissa Seiple respectfully requests that this Honorable Court deny the Motion for Hearing filed on behalf of Plaintiff Greg Miller. Respectfully submitted, RHOADS & SINON LLP By: z? if Stephanie E. DiVittore Attorney I.D. No. 85906 sdivittore@rhoads-sinon.com One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that on this 94 day of August, 2010, a true and correct copy of the foregoing Answer to Motion for Hearing was served by means regular mail, postage prepaid, upon the following: Max J. Smith, Jr., Esquire James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033-0650 ara Whistler GREG W. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA A. MILLER n/k/a NO. 2007 - 1534 CIVIL MELISSA A. SEIPLE, Defendant ORDER OF COURT AND NOW, this 26TH day of AUGUST, 2010, upon consideration of the Plaintiff s Motion for Reconsideration and the Defendant's Response thereto, the Motion is DENIED. Z"'Izmvla J. Smith, Jr., Esquire phanie E. DiVittore, Esquire sld (20 ??.s .mac l?cL 8 ?ca?ty if? By the Court, Edward E. Guido, J. C-) f, N { W Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jessica E. Lowe, Esquire Attorney I.D. #208041 Alexis M. Miloszewski, Esquire Attorney I.D. #208931 JSDC Law Offices P.O. Box 650 Hershey, PA 17033 Telephone: 717 -533 -3280 Fax: 717 -533 -2795 e -mail: mjs@jsdc.com j "13 1_f'` 'f 0 + r O' c ! 5 NI o. rtk �\ i �rri`� �f:L 15/1 f /� jaL,r r PENN L 1rAfi A GREG W. MILLER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2007 -1534 CIVIL TERM MELISSA A. MILLER n/k/a MELISSA A. SEIPLE, : CIVIL ACTION — LAW Defendant/Respondent : CUSTODY PETITION TO MODIFY CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff/Petitioner, GREG W. MILLER, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Plaintiff /Petitioner is GREG W. MILLER, who resides at 487 Lancaster Avenue, Enola, Cumberland County, Pennsylvania. 2. Defendant/Respondent is MELISSA A. SEIPLE, who resides at 51 Carriage Road, Palmyra, Lebanon County, Pennsylvania. 3. Petitioner and Respondent are divorced and are the parents of one (1) child, ALEXIS N. MILLER, born July 30, 2005. 93.00 fd -4 e4-4 304 "5 ? - 4. An Order of Court was issued on November 15, 2012 by the Honorable Edward E. Guido, granting the parties shared legal custody with respect to the minor child, and granting Respondent primary physical custody, subject to Petitioner's rights of partial custody. (See copy of Order marked Exhibit "A ", attached hereto and made part hereof). 5. The minor child has resided at the following addresses for the past five (5) years: (a) From 2007 until present at 487 Lancaster Avenue, Enola, Cumberland County, Pennsylvania with Father. (b) From March 27, 2007 until July 2007 at 740 Brook Drive, Hershey, Dauphin County, Pennsylvania with Mother and her parents. (c) From July 2007 until June 2008 at 6 Monterey, Hershey, Dauphin County, Pennsylvania with Mother. (d) From June 2008 until December 2008 at 30 Townhouse, Hershey, Dauphin County, Pennsylvania with Mother, Jill Darr and Jill's daughter. (e) From December 2008 until January 10, 2009 at 30 Townhouse, Hershey, Dauphin County, Pennsylvania with Mother, Jill Darr, Jill's daughter and Chris Seiple. (f) County, Pennsylvania with Mother and Chris Seiple. From January 10, 2009 until present at 51 Carriage Road, Palmyra, Lebanon 6. The best interests and welfare of the minor child, ALEXIS N. MILLER, require that equally shared physical and shared legal custody be with both parents. Alexis continues to express a clearly stated and strong preference to spend more time with her father. 7. Petitioner does not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number. 8. Petitioner has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number. 9. Petitioner does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to her. 10. I have attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-1. WHEREFORE, Petitioner respectfully prays that your Honorable Court order that equally shared physical and shared legal custody of the minor child, ALEXIS N. MILLER, be placed with Father. Date: April , 2014 Respectfully submitted, MAX J. SMITH, JR., squire I.D. No. 32114 JESSICA E. LOWE, Esquire I.D. No. 208041 ALEXIS M. MILOSZEWSKI, Esquire I.D. No. 208931 JSDC Law Offices P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 1 EXHIBIT "A" GREG W. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 07 -1534 Civil Term MELISSA A. MILLER N/K/A MELLISA : SEIPLE Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. COURT ORDER AND NOW, this / day of November 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the /,r-n day of _ , 2013 at 93a amipiftin Courtroom number 3 in the Cum erland ounty Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal Custody: The Father, Greg Miller, and the Mother, Melissa Miller, shall enjoy shared legal custody of the minor child, Alexis N. Miller, born 7/30/05. The parties 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Father and Mother shall arrange physical custody of Alexis as follows: a. School Year: Mother shall have primary physical custody of Alexis with Father having partial physical custody every other weekend from Thursday after school until Monday at the beginning of school. Father shall be responsible for the transportation. b. Summer vacation: Father shall have primary physical custody of Alexis commencing Monday after school ends until seven days before school begins. Mother shall have partial physical custody every other weekend from Thursday after work until Monday at the beginning of work. Mother shall be responsible for the transportation. c. The parties may alter the above schedule by mutual agreement. 4. The parents are strongly encouraged to re-engage in therapeutic family counseling (with the focus on co- parenting) with a qualified counselor. In the event the parties engage in counseling, the cost after appropriate payment through insurance shall be split equally. 5. Custody evaluation: The parents have agreed to have an updated custody evaluation with Riegler and Shienvold prior to the scheduled hearing. The cost of the evaluation shall be split equally between the parents. 6. The non - custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. All major holidays and Alexis' birthday shall be alternated and arranged as mutually agreed upon. Absent mutual agreement, the attached holiday schedule shall control and supersede the regular physical custody schedule set forth in No. 3 above. 11. Each parent shall have seven consecutive days of vacation with Alexis. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. The parties may expand this vacation time by mutual agreement. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non- relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 13. Prior to the scheduled hearing, the parties may contact the assigned conciliator for a conference if necessary. 14. This Order is entered pursuant to 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. BY THE COURT, Stephanie DiVittore, Esq., One South Market Square, 12 th Floor, P.O. Box 1146, Harrisburg, PA 17108-1146 Max Smith, Esq., P.O. Box 650, Hershey, PA 17033 John J. Mangan, Esq. TRUE COPY FROM RECORD In Testimony whereof, I her unto set my hand s and the seal of said Court at Carlisle, Pe. Thi -- day of 20 /-Z. Prothonotary HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Father Memorial Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Mother Independence Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Father Labor Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Mother Thanksgiving 1 Half From 6 pm the evening before the holiday to 3 pm the day of the holiday. Mother Father Thanksgiving 2nd half From 3 pm the day of the holiday to 6 pm the day after the holiday Father Mother Christmas 1 s` Half From noon on 12/24 to noon on 12/25 Mother Father Christmas 2nd Half From noon on 12/25 to noon on 12/26 Father Mother Mother's Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Mother Father's Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Father GREG W. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 07-1534 Civil Term MELISSA A. MILLER N /K/A MELLISA : SEIPLE Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alexis N. Miller 7/30/2005 Shared by Mother and Father 2. An Order of Court was issued October 12, 2007 and an Order of Court was issued 06/04/2009. A Conciliation Conference was held on January 29, 2010, an Order issued February 02, 2010, a hearing was held and an Order issued August 06, 2010. A conference was then held November 09, 2012 with the following individuals in attendance: The Father, Greg W. Miller, with his counsel, Max Smith, Esquire The Mother, Melissa A. Miller, with her counsel, Stephanie DiVittore, Esquire Father's position on custody is as follows: Father resides in Enola and Mother resides in Palmyra, about forty minutes apart. The parties apparently had a custody evaluation done by Casey Shienvold a while ago. Father would like a more shared physical custody arrangement throughout the year, either week on/week off or possibly alternating Wednesday through Tuesday morning. Father indicates that his extended family can/do assist in getting Alexis to school in the mornings. Father does not believe there is any reason not to do a shared arrangement as both parents are loving and care for Alexis. < 4. Mother's position on custody is as follows: Mother requests that the status quo remain in place with her having primary custody during the school year. Both parents acknowledge that there is an issue with communication between them. Apparently family counseling did begin, but did not work out. Both parents did agree to have an updated status evaluation done by Casey Shienvold. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre -trial memorandum with the Judge to whom the matter has been assigned. Custody iator gan John J , Esquire oncil GREG W. MILLER, Plaintiff/Petitioner VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1534 CIVIL TERM MELISSA A. MILLER n/Ida MELISSA A. SEIPLE, : CIVIL ACTION — LAW Defendant/Respondent : CUSTODY CERTIFICATE OF SERVICE AND NOW, this 1 ( day of April, 2014, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff/Petitioner, Greg W. Miller, hereby certify that I have this day sent a copy of Petition to Modify Custody by depositing a copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Rhoads & Sinon, LLP Attn: Stephanie E. DiVittore, Esquire 1 S. Market Square P.O. Box 1146 Harrisburg, PA 17101-2141 SMITH, JR., lquire I.D. No. 32114 JESSICA E. LOWE, Esquire I.D. No. 208041 ALEXIS M. MILOSZEWSKI, Esquire I.D. No. 208931 JSDC Law Offices P.O. Box 650 Hershey, PA 17033 (717) 533-3280 GREG W. MILLER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2007-1534 CIVIL TERM MELISSA A. MILLER n/k/a MELISSA A. SEIPLE, : CIVIL ACTION — LAW Defendant/Respondent : CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, GREG W. MILLER, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime L. 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault1 18 Pa.C.S. §27O6 (relating to terroristic threats) SeIf Other Date of Sentence household conviction, member guilty plea, no contest plea or pending charges E. D D Check all that apply Crime Self El 18 Pa.C.S. §2709.1 0 (relating to stalking) n 18 Pa.C.S. §2901 0 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) II 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) L] 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary, deviate sexual intercourse) n n Other Date of Sentence household conviction, member guilty plea, no contest plea or pending charges II 18 Pa.C.S. §3124.1 0 (relating to sexual assault) Check all that apply Crime D 18 Pa.C.S. §3125 (relating to aggravated indecent assault) O 18 Pa.C.S. 0126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) Self Other Date of Sentence household conviction, member guilty plea, no contest plea or pending charges D 0 D 18 Pa.C.S. §3129 ❑ (relating to sexual intercourse with animal) D 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) O 0 0 0 Check all that apply Crime 18 Pa.C.S. §4305 (relating to dealing in infant children) II 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) II 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) [l 23 Pa.C.S. § 6114 (relating to contempt for violation of protection order or agreement) Self Other Date of Sentence household conviction, member guilty plea, no contest plea or pending charges D D D D D D D D D D D D D D D 4 Check all that apply Crime [] Driving under the influence of drugs or alcohol Self Other Date of Sentence household conviction, member guilty plea, no contest plea or pending charges II Manufacture, sale, D D delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member II A finding of abuse by a Children & Youth D L1 Agency or similar agency in Pennsylvania or similar statute in another jurisdiction [1 Abusive conduct as defined under the D II Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction II Other: II 5 • 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 6 P inte me f•ir \\61,r 6 GREG W. MILLER PLAINTIFF V. MELISSA A. SEIPLE DEFENDANT IN THE COURT OF COMMON PLEAS OFD CUMBERLAND COUNTY, PENNSYLV kg, zrn cnr- <c. Zc) —4 2007 -1534 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT t3 0 "23 AND NOW, Thursday, April 17, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 16, 2014 1:30 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in- person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ John J. Mangan, Jr., Esq., J Custody Conciliator }�' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET EGAL HELP. Cop rrotLec1-Eo in "' /B 4naiL\:9. o.‘ 1 fA Cumberland County Bar .Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249 -3166 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Flr. P.O. Box 1 146 Harrisburg, PA 17108 -1146 Attorneys for Melissa Seiple GREG W. MILLER, Plaintiff v. MELISSA A. SEIPLE, Defendant 21. T ?Olt; APR 24 Al : CJ0 PE,MSYNLti ANIA TY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 07 -1534: Civil Term ACTION CUSTODY CROSS - PETITION FOR MODIFICATION OF CUSTODY ORDER NOW COMES Defendant Melissa A. Miller n/k/a Melissa Seiple, by and through her attorneys, Rhoads & Sinon LLP, and files the within Cross - Petition for Modification of Custody Order as follows: 1. Petitioner Melissa Seiple ("Mother)* is an adult individual who resides at 51 Carriage Road, Palmyra, Lebanon County, Pennsylvania. 2. Respondent Greg Miller ( "Father ") is an adult individual who resides at 487 Lancaster Avenue, Enola, Cumberland County, Pennsylvania. 3. The parties are divorced from each other and parents of minor child Alexis Miller born July 30, 2005. For the last five years, the child has resided as follows: • March 27, 2007 through July, 2007 at 740 Brook Drive, Hershey, Dauphin County, Pennsylvania with Mother and Maternal Grandparents; CL*I (DO & `2-* 36(-c goy • July, 2007 through June, 2008 at 6 Monterey, Hershey, Dauphin County, Pennsylvania with Mother; • June, 2008 until January 2009 at 30 Townhouse, Hershey, Dauphin County, Pennsylvania first with Mother, friend Jill Darr and her minor daughter, and then with Mother and Stepfather Christopher Seiple. • January, 2009 through present at 51 Carriage Road, Palmyra, Lebanon County, Pennsylvania with Mother and Stepfather Christopher Seiple. 4. On or about October 12, 2007, this Court entered an Order setting forth the custody arrangement regarding the parties' minor child Alexis Miller born July 30, 2005. 5. Pursuant to that Order, Mother and Father had shared, legal custody of the child. Mother and Father also had shared, physical custody of the child pursuant to a 2/2/3 schedule. 6. Because the child was to begin school in August, 2010, and the parties live a significant distance apart, Mother filed a Petition of Modification on December 7, 2009 seeking primary, physical custody of the child and attendance at school in Mother's school district. 7. Currently, Father resides in Enola which is part of the East Pennsboro School District, and Mother resides in Palmyra which is part of the Palmyra Area School District. 8. Dr. Kasey Shienvold was appointed to conduct a Custody Evaluation and make recommendations regarding the most appropriate custodial arrangement for the child. On July 30, 2010, Dr. Shienvold issued his Evaluation. Several of his recommendations were as follows: • If the Court should decide that a primary physical custodian be selected for Alexis, it is recommended that Melissa be granted primary physical custody during the school year. It is recommended that Greg have periods of partial custody two out of every three weekends from Friday after school until Sunday evening. -2- • Greg and his family must stop talking negatively about Melissa and her family immediately. This behavior only serves to hurt Alexis by exposing her to conflict and undermining her relationship with the other parent. (A copy of the July 30, 2010 Evaluation is attached hereto as Exhibit "A" and incorporated herein by reference). 9. This Court conducted a hearing on August 6, 2010, and the Court entered an Order dated August 6, 2010, awarding Mother primary, physical custody during the school year with Father's periods of custody every other weekend from Thursday through Monday. The schedule is reversed during the summer. 10. At least with respect to physical custody, the parties complied with the August 6, 2010 Order, and on September 9, 2012, Father filed a Petition for Modification of Custody seeking shared, physical custody of the minor child. 11. A hearing was scheduled for January 15, 2013 and then rescheduled for March 5, 2013. 12. The Court referred the matter back to Dr. Shienvold for a Custody Reevaluation. On February 26, 2013, Dr. Shienvold issued his second report. (A copy of the February 26, 2013 Reevluation is attached hereto as Exhibit "B "). Following receipt of the report, Father withdrew his Petition for Modification. 13. Dr. Shienvold again had concerns with Father's actions, while Mother "was found to be the more able and independent parent." (Exhibit B, p. 1). Specifically, Dr. Shienvold had continued concerns — shared by Mother throughout the history of this custody dispute — regarding Father's disparagement and alienation toward Mother and her family, as well as Father's 3 inappropriate discussions with the minor child. These findings include, without limitation, the following: • Alexis shared information with the evaluator that suggested that Greg and his family were sharing their negative views of Melissa with the child. • Additionally, Greg continued to share negative views about Melissa's stepson with Alexis and professionals despite overwhelming evidence that the allegations were untrue. • Greg's belief that Alexis is old enough to make major decisions like this is inappropriate. Alexis is not old enough, mature enough, or sophisticated enough in her thinking to be placed in a position to make major, life- altering decisions. • Placing her in a position of power or influence serves to increase risk for emotional or behavioral problems as she grows older. (Exhibit B, p. 5). 14. Despite these findings, Father has now filed an additional Petition for Modification again seeking additional time with the child. As set forth more fully below, Mother opposes the request and instead seeks affirmative relief from the Court regarding issues surrounding the parties and the child. 15. Mother respectfully requests that this Petition be consolidated with Father's pending Petition and addressed jointly at the Conciliation and any Hearing before this Court. 16. Since the Reevaluation, Mother's concerns regarding Father and his parenting has worsened. Despite express findings of concern by Dr. Shienvold, Mother believes and avers that Father continues to have inappropriate discussions with the child about custody, intentionally attempts to alienate the child and disparage Mother and her family. Mother also has serious concerns that Father makes inappropriate statements to the child to attempt to encourage her to tell him she wants more time with him. 4 17. Mother has asked Father to engage the child in counseling, as she believes a professional child therapist could assist the child in dealing with her feelings and learn coping skills. Further, Dr. Shienvold expressly found that "Alexis...would benefit from working with a child therapist experienced with the specific needs of children from divorce." (Exhibit B, p. 5). 18. Despite this finding, and Mother's request, Father has unilaterally refused to consent to counseling. As part of this Petition, Mother seeks a Court Order authorizing her to enroll the child with a qualified child therapist. 19. Mother also asks this Court to take necessary steps to stop all disparagement and alienation, as well as to prohibit Father from discussing custody matters with the child. Further, Mother asks the Court to prohibit Father from inappropriate discussions with the child regarding his feelings when she is not with him and custody proceedings. It is traumatic to the child and impacting her behavior, including her behavior in school. 20. Mother further requests that this Court address Father's attempts to make important decisions regarding the child — including medical decisions and decisions concerning extra- curricular activities — without the consent of Mother. To the extent the parties cannot agree, Mother requests that the child be permitted to enroll in extra - curricular activities in Mother's school district so that the child can participate with her peers. 21. Mother believes and avers that Father's continued disregard for Mother's role in the child's life, as well as what is in the child's best interest, is negatively harming her. 22. To the extent Father is unable to cease his harmful and detrimental conduct, Mother seeks an Order requiring counseling for Father, in addition to counseling for the child, and — if necessary — supervised visitation until Father is able to cease the harmful behavior. 5 23. While Mother does not believe that the Father should not have a relationship with the child, his continued disregard for the recommendations of Dr. Shienvold and terms of the Orders of this Court are highly concerning particularly where, as here, Mother believes it is impacting the child's behavior and progress at school and her emotional well- being. 24. Similarly, while Mother believes parents should have shared, legal custody, if Father cannot provide necessary assurances that he will cease all unilateral action concerning important decisions about the child, Mother should be awarded sole legal custody. 25. Mother also seeks an updated Reevaluation from Dr. Shienvold. Based on the fact that the child is 2 years older, and many of the troubling behavior is continuing, Mother believes that any custody decision should include an updated Reevaluation. WHEREFORE Defendant Melissa A. Miller n/k/a Melissa Seiple respectfully requests that the Court modify the existing Order to continue her primary, physical custody, authorize therapy for the child, address Father's alienation, disparagement and inappropriate conduct toward and discussions with the child, as well as enforce the parties' shared, legal custody and authorize extra- curricular activities in the child's school district. By: 6 Respectfully submitted, RHOADS & SINON, LLP Stephanie E. DiVittore Attorney I.D. No. 85906 One South Market Square P.O. Box 1146 Harrisburg, PA 17108 -1146 (717) 233 -5731 Attorneys for Mother VERIFICATION Melissa Seiple f/k/a Melissa Miller deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, that she makes this verification by its authority and that the facts set forth in the Petition for Modification are true and correct to the best of her knowledge, information and belief. Li )0D/1 LI Date Melissa Seiple CERTIFICCAk TE OF SERVICE I hereby certify that on this day of April, 2014 a true and correct copy of the foregoing Cross - Petition for Modification of Custody Order was served by means regular mail, postage prepaid, upon the following: Max Smith, Jr., Esquire JSDC Law Offices P.O. Box 650 Hershey, PA 17033 Dara Whistler Rhoads & Sinon LLP Fax 7172388621 Apr 24 2014 07:47am P006/009 IN THE COURT OF COMMON PLEAS OF:, Cumberland COUNTY, PENNSYLVANIA Greg W. Miller 2007-1534 NO Melissa A. Seiple CRIMINAL RECQR.TtiABLI§EMSTORY VERIFICATION Christopher Seiple ,hemby swear or affirm, su'oject to penalties of law including l8 Ps,C.S.§ 4904 relating to unsworn falsifteatlon to authorities that: 1. Unless indicated 5y my checking the box next to a crime blow, neither I nor any edmr member of my household have been convicted or pled guilty or pied no contest er was ediudleatad delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the fellowing crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, inoluding pending charges: Data of' convleaon, Onter guilty plea, in Cheek all homehold contest plea or that apply Crime member. pen tax/ charaa,9 Sentence El I& Pa.C.S. Ch. 2.5 0 (Relating to criminal homicide) • 18 Po,C..S. §2702 (Relating to aggravated assault) iS PaC.S. §2706 (Relating to terroristic threat%) O 18 Pa.C.S. 12709.1 (Re)a ting to stalking) O 18 Pa.C.S. $2901 (Relating to kidnapping) 0 18 Pa.C.S. §2992 (Relating to unlawful rastraint) O 18 Pa.C.S. §2903 (Relating to false imprisonmant) O Ift §2010 (ReIsttag to luring a child into a motor vehicle or structure) El El 0 Page 1 of 4 c;ID CD CD Rhoads & Simon UP Fax 7172388621 Apr 2d 2014 07:47am P007/009 Data of conviction, Other guilty plea, no Check a11 household contest plea or that apply Crime Self member peaditi2 chrgeS O 18 Pa.C.S. §3121 (Relating to rope) O 18 Pa.C.S. §3122-1 (Relating to statutory sexual assault) 0 18 Pa,C,S, §3)23 (Relating Oa involuntary deviate sexual intercourse) O 18 Pa.C.S, §3124.1 (Relating to sexual Maui!) O 18 V.C.S. §3125 (Relating to aggravated Indecent aas Reit) O IS Pa,C.S. *3126 (Relating to indecent assault) O 18 Pa.C.S. §3127 (Relating to indecent exposure) O 18 Pa,C.S. p129 (Relating to sexual Intercourse with animal) 11 18 Pn.C-S. 3t3O (Relating tn coadvet re/Ming to sex offenders) • - Is Pa.C.S. §3301 (Relating to arson and related 0-Masco) O is §4382 (Rela(ing to incest) O 18 N.C.S. §4303 (Relating to concealing death of child) O 10 Pa,C,S. 0304 (Relating to endangering welNre of children) 0 0 0 0 0 Page 2 of 4 Sentence Rhoads & Sinon LLP Fax 7172388621 Apr 24 2014 07:47am P008/009 Dote of conviction, Other guilty plea, no Check all household contest pies or that anew Crime Self rt._ffilaber Oending oboroes Egotema • 18 PH.C,S. §.4305 (Relating to dealing in Infant children) O 18 Pa.C,S.§5902(b) (Relating CO prostitation rA re)Fite!! offenses) O IS Ps.C.S, §5903(c) or (d) (llointing to °Nicene gnd other sexual materiels awl performances) O 18 Pa .C.S. 1§63-111 (Rehlting to corruption of rainorS) O 18 Pa,C,S, §631Z Felatirg to sexual abuse of child re) O IS Pa.C.S. 63DJ 0 (Relating- to uolowful contact with tniuor) O 18 N.C.& §6320 (Ro Whig to sexual exploitation of children) 0 23 Pa.C.S.§6114 (Feinting to contempt for violation of protection order or agreement) O Driving wider the 0 0 Influence of drags or alcohol O Manufacture, sole, delivery 0 holding, offering for sale or posseoeion et Any controlled anbatonee or ether drug or device • 2, Unless 1w:floated by my checking the box next to an item below, neither 1 nor any other member of my household have a history of violent or abusive, c,onduct including the following: Page 3 of 4 Rhoads & Sinon LLP Fax 7172388621 Apr 24 2014 07:47am P009/009 Check Other a;l tbat Household aoty. Self meet 0 A finding of abuse by a Children 3h Youth Agency or 0 0 similar agency in Pennsylvania or similar statute In another Jun LCiion 0 Abusive conduct ss defined under the Protection From Abuse Actin Pennsylvania or similar statute En another jurlsdietion C Other; a Rafe 3, Please list any evaluation, counseling or other treatment received following conviction or finding of abuse; 4. If any Conviction above applies to a household 'member, not a party, state that parson's name, data of birth and relationship to the child. S. If you ere 4wsrc that the other party or members of the other party's household has or have a criminal/abuse history, please explain; vcriy that the information above is true end correct to the best of my knowledge, Information or belief,, I understand that False statements herein are made subject to the penalties of tam_ §4904, relating to unsNOr ialsiti•ntion to eutherities Christopher Seipie Prin! or type your come here Page 4 of 4 Rhoads & Sinon LLP Fax 7172388621 Apr 24 201d 07:47am P002/009 IN THE COURT OF COMMON PLEAS OR Cumherlend COUNTY, PENNSYLVANIA Greg W. Miller v. • Melissa A. Seiple [ 2007 -1534 NO. _c_1111.4Aga,p, EAJ USE> TORY V • RII CATION Melissa A. Seiple , hereby swear or affirm, subject to pcnalt :es of law including 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither l nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. S63O7 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges, Check on "hat apple Clime G Sal Date of eo vlctian, Other gai(ty plea,. no household cnntsst piss or !amber »crttiiozcharges .18 Pe.C.S. Ch, 25 0 ❑ (Relating In criminal homicide) ❑ IS Pa.C.S. §2702 b 0 (Rclatisg to aggravated assault) • 18 Pa.C.S. §2706 Cl 0 (Relating to terroristic threats) ❑ 18 J.C.S. °a §2709,1 0 (Reletlu.g to stalking) O 18 Pa.C.S, §291)1 0 ❑ (Rotating to kidnapping) O 18 I .C.S, paez 0 ❑ (Relating to trnlawful restraint) O 18 Pa.C.S. §2903 (Relating to falae tmorisotmerit) O IS Pa.C.S. §291.0 (Relating to Raring a cH Ild into s motor veh Isle or stve cture) 0 Page I of 4 Srnte,vee Chock ?Il tltst auply Critne• • 18 Pa.C.S. §3121 (Relating to rare) 12 I ;a,C.S. §3122. (Relating to statutory sexual assault) O 18 Pa.C.S. §3123 (R; letiog to Involuntary deviate sexual Intercourse) O 18 Pa.C.S. §3124.1 (Relating to sexual assault) O 18 l'a.CS. §3125 (Relating to aggravated indecent ass Ault) Rhoads & Sinon LLP Fax 7172388621 Apr 24 2014 07:47am P003/009 Date of eonviciiou, Other guilty plan, no houaohold contest plea or Self member neo ling charges Q O 1R PL.0 & §3126 0 (Relating to indecent assault) O 18 Pa.C.S. 0127 0 (Relating to indecent exposure) O 18 Pn.C.S. §§3129 (Relating to sexual intercourse with animal) 0 O 18 Pa.C.S. §3130 C1 0 ( Relating to conduct relsting to sex offenders) O I S • Pa.C.S. §3301 0 (Relating to argon and related efl'ense ) O 18 Pa.C.S. §4302 0 0 (RelAting to incest) O 18 1'st.CS. §4303 C3 (Relating to concealing de2th of OM) O 18 Pa.C,s. §4304 a (Relating to cadaltgarlug welfare of children) Page 2 of 4 Peetonca Rhoads & Sinon LLP Fax 7172388621 Apr 24 2014 07:47am P004/009 Date or convIdlon, Other guilty plea, no Cheek all household contest plea or that pply Crime Self member peucling Owns O 1 Pa.C.S. §4305 (Relating to dealing in lofmtt children) O 18 Pn.C.S. §5902(b) (Relating to prostitution and related offenses) O IS Pa.C.S, §5903(e) or (d) lariug to tib;eeae aoci other stxual materials anti perfor ma nces) O lri,C.S630l (Relating to corruption of niloOrS) O 18 N.C.& §6312 Relating to sexual abuse of children) O 18 F.CS. §63(8 (Relating to unlawful contact with minor) O 18 Pa.C.S. §6320 (Relating to sexual esploltrition of children) O 23 §61I4 (Relating, to contempt for violation of protection artier or agreement) O Calytog varlet tho Influence of drugs or alcohol • n ufachsre, sale, 40v ary holdlog, offering for suit or possession of any eentrollod substance or other drug or device 0 0 0 0 1:1 0 2. Unless indicated by my checking the box next to on item below, neither I not any other member of my houae.hold have a history of violent or abusive conduct including the following: Page 3 0E4 Rhoads & Sinon UP Fax 7172389621 Apr 24 2014 07:47am P005/009 Cheek Other all that household pvnly member 0 A finding of abase by a Children es Youth Agency or similar agency in Pennsylvania or similar statute la another lariseliction CI Abusive conduct as defined under the Protection From Abuse Act in Pennsylvania or similar stutubs In gaoler Jurisdiction 0 GM sr: Date 3. Please list any evaluatloh, counseling or other treatment received following conviction or finding or abuse: 4. if any conviction above applies CO household member, not a paely, state that pons name, date of birth and relationship to the child. 5, If you arc aware that th e other party or members of the other party's household has or have a orlmInnilabuse history, piease pxplain; I verify that the information above is true and correct to the bet of my knowledge, information or belief. I understand that false statements herein are mode subject to the penalties of 18 Pa.C,S. §4904. relating to unssvorn .falsiacation to authorities, ‘—.11,Q3)1C Date—r- Melissa A. Seip!e Print or typo 'or norm here Page 4 01'4 GREG W. MILLER : IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. MELISSA A. MILLER DEFENDANT : CUMBERLAND COUNTY, PENNSYLVANIA 2007-1534 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, April 28, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 23, 2014 10:30 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ John j. Mangan, Jr., Esq. " Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE* IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Copfes h44,t 07 •S) 041 J . 0141.opAi 01-9/fg Cumberland County Bar Association CD 32 South Bedford Street -0 a Carlisle, Pennsylvania 17013 moo r71 Telephone (717) 249-3166 x7-) -<> r-- < CD 0c) GREG W. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 07-1534 Civil Term MELISSA A. MILLER N/K/A MELLISA : SEIPLE Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alexis N. Miller 7/30/2005 Shared by. Mother and Father 2. An Order of Court was issued October 12, 2007 and an Order of Court was issued 06/04/2009. A Conciliation Conference was held on January 29, 2010, an Order issued February 02, 2010, a hearing was held and an Order issued August , , 06, 2010. A conference was then held November 09, 2012, an Order issued November 15, 2012. Both parents filed petitions to modify and a conference was held May 23, 2014 with the following individuals in attendance: The Father, Greg W. Miller, with his counsel, Max Smith, Esquire The Mother, Melissa A. Miller, with her counsel, Stephanie DiVittore, Esquire 3. The parties agreed to, and the undersigned recommends, to the entry of an Order in the form as attached. It is noted that Father is requesting an additional overnight every two weeks during school, (alternating Thursday -Tuesday) and keeping the current summer schedule. Father asserts the Child wants to spend more time with him. Mother on the other hand, at this point does not want to increase Father's time during the school year and has concerns about school work being done as well as Father influencing the Child. Communication between the parents is poor, but both agreed to therapeutic family counseling and individual counseling for Alexis. Date: r/Z,S7/7, J.. angan, Esquire dy Conciliator GREG W. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. , -) : No. 07 -1534 Civil Term MELISSA A. MILLER N /K/A MELLISA : SEIPLE Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. c-, COURT ORDER AND NOW, this 1M day of May 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Father, Greg Miller, and the Mother, Melissa Miller, shall enjoy shared legal custody of the minor child, Alexis N. Miller, born 7/30/05. The parties 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Father and Mother shall arrange physical custody of Alexis as follows: a. School Year: Mother shall have primary physical custody of Alexis with Father having partial physical custody every other weekend from Thursday after school until Monday at the beginning of school. Father shall be responsible for the transportation. b. Summer vacation: Father shall have primary physical custody of Alexis commencing Monday after school ends until seven days before school begins. Mother shall have partial physical custody every other weekend from Thursday after work until Monday at the beginning of work. Mother shall be responsible for the transportation. c. The parties may alter the above schedule by mutual agreement. 3. Counseling: The parties have agreed to, and shall, engage Alexis in individual counseling with a mutually agreed upon counselor. Additionally, the parents have agreed to, and shall, re- engage in therapeutic family counseling (with the focus on co- parenting /communication) with a qualified counselor. The cost after appropriate payment through insurance shall be split equally. The parents shall mutually select and set up an appointment with counselors (both for individual and family counseling) within 10 days of the instant Order. 4. The non - custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 5. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 7. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and /or house guests comply with this provision. 8. All major holidays and Alexis' birthday shall be alternated and arranged as mutually agreed upon. Absent mutual agreement, the attached holiday schedule shall control and supersede the regular physical custody schedule set forth in No. 2 above. 9. Each parent shall have seven consecutive days of vacation with Alexis. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 10. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non - relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child /children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 11. A status conference is hereby scheduled for Friday August 08, 2014 at 10:30 am with the assigned conciliator. The purpose of said conference is to see how the counseling is going and whether to expand Father's time with Alexis during the school year. Prior to the scheduled conference, the parties may contact the assigned conciliator to cancel the conference and to schedule a hearing before the Court. 12. This Order is entered pursuant to 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. hanie DiVittore, Esq. ✓M�x Smith, Esq. —John J. Mangan, Esq. Cop IEs. 51 .191 f yi J. HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Father Memorial Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Mother Independence Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Father Labor Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Mother Thanksgiving 1st Half From 6 pm the evening before the holiday to 3 pm the day of the holiday. Mother Father Thanksgiving 2 11d half From 3 pm the day of the holiday to 6 pm the day after the holiday Father Mother Christmas 1St Half From noon on 12/24 to noon on 12/25 Mother Father Christmas 2nd Half From noon on 12/25 to noon on 12/26 Father Mother Mother's Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Mother Father's Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Father GREG W. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 07-1534 Civil Term MELISSA A. MILLER N/K/A MELLISA : SEIPLE Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1 The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alexis N. Miller 7/30/2005 Shared by Mother and Father 2. An Order of Court was issued October 12, 2007 and an Order of Court was issued 06/04/2009. A Conciliation Conference was held on January 29, 2010, an Order issued February 02, 2010, a hearing was held and an Order issued August 06, 2010. A conference was then held November 09, 2012, an Order issued November 15, 2012. Both parents filed petitions to modify and a conference was held May 23, 2014 with the following individuals in attendance: The Father, Greg W. Miller, with his counsel, Max Smith, Esquire The Mother, Melissa A. Miller, with her counsel, Stephanie DiVittore, Esquire The parties agreed to, and the undersigned recommends, to the entry of an Order in the form as attached. It is noted that Father is requesting an additional overnight every two weeks during school, (alternating Thursday-Tuesday) and keeping the current summer schedule. Father asserts the Child wants to spend more time with him Mother on the other hand, at this point does not want to increase Father's time during the school year and has concerns about school work being done as well as Father influencing the Child. Communication between the parents is poor, but both agreed to therapeutic family counseling and individual counseling for Alexis. Date: angan, Esquire dy Conciliator 3 GREG W. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 07-1534 Civil Term MELISSA A. MILLER N/K/A MELLISA : SEIPLE `= Defendant : ACTION IN CUSTODY -r) ca-' _ gni r;,_'+ Prior Judge: Edward E. Guido, J. cnry ®cmcl' COURT ORDER ate` >n co c1'f- AND NOW, this � -i day of August 2014, upon consideration of the- r- = attached Custody Conciliation Report, it is ordered and directed that: c`' 1. Legal Custody: The Father, Greg Miller, and the Mother, Melissa Miller, shall enjoy shared legal custody of the minor child, Alexis N. Miller, born 7/30/05. The parties 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Father and Mother shall arrange physical custody of Alexis as follows: a. School Year: Mother shall have primary physical custody of Alexis with Father having physical custody every other weekend from Thursday after school until Tuesday at the beginning of school. Father shall be responsible for the transportation. Both parents shall ensure Alexis gets to school on time, homework is completed and Alexis not taken out of school early except for medical/dental appointments. Neither parent shall make unilateral decisions regarding Alexis' well being nor unilaterally sign Alexis up for extra -curricular activities without consulting with the other parent. Neither parent shall attempt to influence Alexis one way or the other in regard to custody issues nor discuss custody litigation with her. b. Summer vacation: Father shall have primary physical custody of Alexis commencing Monday after school ends until seven days before school begins. Mother shall have partial physical custody every other weekend from Thursday after work until Monday at the beginning of work. Mother shall be responsible for the transportation. c. The parties may alter the above schedule by mutual agreement. 3. Counseling: The parties have agreed to, and shall, engage Alexis in individual counseling with a mutually agreed upon counselor. Additionally, the parents have agreed to, and shall, re-engage in therapeutic family counseling (with the focus on co-parenting/communication) with a qualified counselor. The cost after appropriate payment through insurance shall be split equally. 4. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 7. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. All major holidays and Alexis' birthday shall be alternated and arranged as mutually agreed upon. Absent mutual agreement, the attached holiday schedule shall control and supersede the regular physical custody schedule set forth in No. 2 above. 9. Vacation: Each parent shall have seven consecutive days of vacation with Alexis. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 10. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non - relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 11. A status conference is hereby scheduled for Friday September 26, 2014 at 1:00 pm with the assigned conciliator by telephone. The conciliator shall initiate the call to counsel. The purpose of said conference is to see how the counseling is going and whether to maintain Father's extended weekend until Tuesday during the school year. 12. This Order is entered pursuant to 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. Stephanie DiVittore, Esq. -ax Smith, Esq. ✓Yohn J. Mang T, J. HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Father Memorial Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Mother Independence Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Father Labor Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Mother Thanksgiving 1st Half From 6 pm the evening before the holiday to 3 pm the day of the holiday. Mother Father Thanksgiving 2nd half From 3 pm the day of the holiday to 6 pm the day after the holiday Father Mother Christmas 1st Half From noon on 12/24 to noon on 12/25 Mother Father Christmas 2nd Half From noon on 12/25 to noon on 12/26 Father Mother Mother's Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Mother Father's Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Father GREG W. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 07-1534 Civil Term MELISSA A. MILLER N/K/A MELLISA : SEIPLE Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Alexis N. Miller 7/30/2005 Currently in the Custody of Shared by Mother and -Father 2. An Order of Court was issued October 12, 2007 and an Order of Court was .. issued 06/04/2009. A Conciliation Conference was held on January 29, 2010, an Order issued February 02, 2010, a hearing was held and an Order issued August 06, 2010. A conference was then held November 09, 2012, an Order issued November 15, 2012. Both parents filed petitions to modify and a conference was held May 23, 2014, an Order issued May 28, 2014 and a conference was held August 20, 2014 with the following individuals in attendance: The Father, Greg W. Miller, with his counsel, Max Smith, Esquire The Mother, Melissa A. Miller, with her counsel, Stephanie DiVittore, Esquire 3. The parties agreed to, and the undersigned recommends, to the entry of an Order in the form as attached. Date: _l John Cu an, Esquir nciliator GREG W. MILLER v. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-1534 Civil Term c-7 MELISSA A. MILLER N/K/A MELLISA : c'- y SEIPLE rnco Defendant : ACTION IN CUSTODY cnr- Prior Judge: Edward E. Guido, J. 1---.z c3 =c: COURT ORDER v AND NOW, this a� day of October 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: C-3 -4 ry N 1. Legal Custody: The Father, Greg Miller, and the Mother, Melissa Miller, shall enjoy shared legal custody of the minor child, Alexis N. Miller, born 7/30/05. The parties 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Father and Mother shall arrange physical custody of Alexis as follows: a. School Year: Mother shall have primary physical custody of Alexis with Father having physical custody every other weekend from Thursday after school until Tuesday at the beginning of school. Father shall be responsible for the transportation. Both parents shall ensure Alexis gets to school on time, homework is completed and Alexis not taken out of school early except for medical/dental appointments. Neither parent shall make unilateral decisions regarding Alexis' well being nor unilaterally sign Alexis up for extra -curricular activities without consulting with the other parent. Neither parent shall attempt to influence Alexis one way or the other in regard to custody issues nor discuss custody litigation with her. b. Summer vacation: Father shall have primary physical custody of Alexis commencing Monday after school ends until seven days before school begins. Mother shall have partial physical custody every other weekend from Thursday after work until Monday at the beginning of work. Mother shall be responsible for the transportation. 7.7 CD -- c y c. The parties may alter the above schedule by mutual agreement. 3. Counseling: The parties have agreed to, and shall, engage Alexis in individual counseling with a mutually agreed upon counselor. Additionally, the parents have agreed to, and shall, re-engage in therapeutic family counseling (with the focus on co-parenting/communication) with a qualified counselor. The cost after appropriate payment through insurance shall be split equally. Both parents shall adhere to the counselor's recommendations in regard to Alexis. 4. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 7. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. All major holidays and Alexis' birthday shall be alternated and arranged as mutually agreed upon. Absent mutual agreement, the attached holiday schedule shall control and supersede the regular physical custody schedule set forth in No. 2 above. 9. Vacation: Each parent shall have seven consecutive days of vacation with Alexis. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 10. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non - relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 11. A status conference is hereby scheduled for Tuesday December 16, 2014 at 10:30 am with the assigned conciliator in person or by telephone upon request. The conciliator shall initiate the call to counsel if this is requested. 12. This Order is entered pursuant to 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. Z>tephanie DiVittore, Esq. x Smith, ohn J. Mang a I.CS 112.4.11.21. J. HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Father Memorial Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Mother Independence Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Father Labor Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Mother Thanksgiving 1St Half From 6 pm the evening before the holiday to 3 pm the day of the holiday. Mother Father Thanksgiving 2nd half From 3 pm the day of the holiday to 6 pm the day after the holiday Father Mother Christmas 1St Half From noon on 12/24 to noon on 12/25 Mother Father Christmas 2nd Half From noon on 12/25 to noon on 12/26 Father Mother Mother's Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Mother Father's Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Father GREG W. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 07-1534 Civil Term MELISSA A. MILLER N/K/A MELLISA : SEIPLE Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alexis N. Miller 7/30/2005 Shared by Mother and Father 2. An Order of Court was issued October 12, 2007 and an Order of Court was issued 06/04/2009. A Conciliation Conference was held on January 29, 2010, an Order issued February 02, 2010, a hearing was held and an Order issued August 06, 2010. A conference was then held November 09, 2012, an Order issued November 15, 2012. Both parents filed petitions to modify and a conference was held May 23, 2014, an Order issued May 28, 2014, a conference was held August 20, 2014, an Order issued August 24, 2014 and a conference was held September 26, 2014 with the following individuals in attendance: The Father, Greg W. Miller, with his counsel, Max Smith, Esquire The Mother, Melissa A. Miller, with her counsel, Stephanie DiVittore, Esquire 3. The parties agreed to, and the undersigned recommends, to the entry of an Order in the form as attached. Date: / U///% Jo ► J angan, Esquire us ody Conciliator GREG W. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 07-1534 Civil Term MELISSA A. MILLER N/K/A MELLISA : SEIPLE Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. COURT ORDER AND NOW, this 104 day of January 2015, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Father, Greg Miller, and the Mother, Melissa Miller, shall enjoy shared legal custody of the minor child, Alexis N. Miller, born 7/30/05. The parties 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to snake the records and information of reasonable use to the other parent. 2. Physical Custody: The Father and Mother shall arrange physical custody of Alexis as follows: a. School Year: Mother shall have primary physical custody of Alexis with Father having physical custody every other weekend from Thursday after school until Tuesday at the beginning of school. Father shall be responsible for the transportation. Both parents shall ensure Alexis gets to school on time, homework is completed and Alexis not taken out of school early except for medical/dental appointments. Neither parent shall make unilateral decisions regarding Alexis' well being nor unilaterally sign Alexis up for extra -curricular activities without consulting with the other parent. Neither parent shall attempt to influence Alexis one way or the other in regard to custody issues nor discuss custody litigation with her. b. Summer vacation: Father shall have primary physical custody of Alexis commencing Monday after school ends until seven days before school begins. Mother shall have partial physical custody every other weekend from Thursday after work until Monday at the beginning of work. Mother shall be responsible for the transportation. c. The parties may alter the above schedule by mutual agreement. 3. Counseling: The parties have agreed to, and shall, engage Alexis in individual counseling with a mutually agreed upon counselor (currently Shanon Turk Geller). Additionally, the parents have agreed to, and shall, re-engage in therapeutic family counseling (with the focus on co-parenting/communication) with a qualified counselor. The cost after appropriate payment through insurance shall be split equally. Both parents shall adhere to the counselor's recommendations in regard to Alexis. 4. Activities: Each parent shall make sure Alexis attends her regularly scheduled extra -curricular activities during their custodial time. It is understood that Alexis has indicated that she feels uncomfortable when both parents attend her activities due to the potential conflict between the parents. As such, for now, it is directed that only one parent attend her activities; however, upon the recommendation of Alexis' current counselor, Shanon Turk Geller, both parents may attend her activities as long as there is no controversy between the parents. In the event that the parents wish to sign Alexis up for activities, they shall consult with each other. In the event the parents do not agree on the activities, the parents shall consult with Alexis' counselor, Shanon Turk Geller, and adhere to her recommendations about the activities. 5. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 8. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. All major holidays and Alexis' birthday shall be alternated and arranged as mutually agreed upon. Absent mutual agreement, the attached holiday schedule shall control and supersede the regular physical custody schedule set forth in No. 2 above. 10. Vacation: Each parent shall have seven consecutive days of vacation with Alexis. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 11. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non - relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 12. The instant matter is hereby held open for a period of two months whereby either party may directly request a status conference with the assigned conciliator to address any concerns. 13. This Order is entered pursuant to 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. i Stephanie DiVittore, Esq. Max Smith, Esq. John J. Mangan, Esq. eop ei /M lei' 'h/' ( BY THE.COURT, J. HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Father Memorial Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Mother Independence Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Father Labor Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Mother Thanksgiving 1St Half From 6 pm the evening before the holiday to 3 pm the day of the holiday. Mother Father Thanksgiving 2nd half From 3 pm the day of the holiday to 6 pm the day after the holiday Father Mother Christmas 1st Half From noon on 12/24 to noon on 12/25 Mother Father Christmas 2nd Half From noon on 12/25 to noon on. 12/26 Father Mother Mother's Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Mother Father's Day Froin 6 pm the evening before the holiday to 6 pm the day of the holiday Father Father GREG W. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 07-1534 Civil Term MELISSA A. MILLER N/KJA MELLISA : SEIPLE Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alexis N. Miller 7/30/2005 Shared by Mother and Father 2. An Order of Court was issued October 12, 2007 and an Order of Court was issued 06/04/2009. A Conciliation Conference was held on January 29, 2010; an Order issued February 02, 2010, a hearing was held and an Order issued August 06, 2010. A conference was then held November 09, 2012, an Order issued November 15, 2012. Both parents filed petitions to modify and a conference was held May 23, 2014, an Order issued May 28, 2014, a conference was held August 20, 2014,.an Order issued August 24, 2014, a conference was held September 26, 2014, an Order issued October 21, 2014 and a telephone conference was held December 30, 2014 with the following individuals in attendance: The Father, Greg W. Miller, with his counsel, Max Smith, Esquire The Mother, Melissa A. Miller, with her counsel, Stephanie DiVittore, Esquire 3. The parties agreed to, and the undersigned recommends, to the entry of an Order in the form as attached. Date: 1 Z.lI// John' an� . n, Esquire Custo 'y C.. ciliator