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HomeMy WebLinkAbout01-04127~, > . CHARLES W. MCMILLEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA J. MCMILLEN DEFENDANT 01-4127 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 12, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 15, 2001 at 2:30 p.m. for aPre-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. Al] 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/ ~cquelineM. Verney Esq.~~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Baz Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 <O~~'~~ -~ j'~~~ lt7- £'/ ~',~i~,/ pKB JUL U a ~ u u~/ IN THE COURT OF COMMON PLEAS `/ CUMBERLAND COUNTY, PENNSYLVANIA CHARLES W. McMILLEN, * NO. Ot -~ ~lt~ l.'u.~t.l., `~1'~ Plaintiff vs. * CIVIL ACTION -LAW * IN CUSTODY PAMELA J. McMILLEN, Defendant AND NOW, ORDER OF COURT upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before conciliator, at the on the day of 2~ at .m., for aPre-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 heazd 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 famish any and all existing Protection from Abuse Orders, Special Relief Orders, and Custody Orders to the conciliator 48 hours prior to the scheduled hearing. FOR THE COURT, by: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the wort, please contact our office. All arrangements must be made at least 72 hours prior to any heazing or business before the court. You must attend the scheduled conference or hearing. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 ti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA --- CHARLES W. McMILLEN, * NO. U ~- x//02 7 Ct"''Q ~-""" Plaintiff * * vs. * CIVIL ACTION -LAW * * IN CUSTODY PAMELA J. McMILLEN, Defendant COMPLAINT FOR CUSTODY AND COMES NOW, CHARLES W. McMILLEN, by his attorney, Timothy J. Colgan, Esq., and files the following Petition: 1. Plaintiff, CHARLES W. McMILLEN, who resides at 322 Third Street, West Fairview, Cumberland County, Pennsylvania since July of 2000. 2. Defendant, PAMELA J. McMILLEN, who resides at 130 Summer Lane, Summerdale, Pennsylvania since May of 2001 . 3. Plaintiff and Defendant aze the natural parents of one minor child, Sara A. McMIllen, D.O.B. 03/13/1999. 4. The child was not born out of wedlock. 5. Prior to July of 2000, the child resided with the father and the mother at 506 Third Street, West Fairview, Pennsylvania 6. There aze no court orders establishing custody or visitafion. 7. Plaintiff has no informafion of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested herein. WHEREFORE, Plaintiff requests the Court enter an Order granting primary physical custody and shared legal custody of the minor child to Plaintiff. Dated: 6 L/v o~ Respectfully submitted, f~~~.- Timothy J. Col quire WII,EY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717)432-9666 I.D.#77944 . •. VERIFICATION I, CHARLES W. McMILLEN, III, verify that the statements made in this document are true and correct to the best of my knowledge, information, and 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. Date: ~ ~~ `~ / ~~ HARLES W. McMILLEN, III r. ~ t IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY,PENNSYLVANIA CHARLES W. McMILLEN, Plaintiff PAMELA J. McMILLEN, Defendant * NO.OI-4127 * CIVIL ACTION -LAW vs. * IN CUSTODY AFFIDAVIT OF SERVICE I, Michele A. Reneker, being duly sworn, deposes and says that she is an adult and that she served the within Complaint on the Defendant, at the Defendant's last lmown address as follows: 130 Summer Lane, Enola, PA 17025, by certified mail, restricted delivery, return receipt requested on the 27th day of July, 2001. A copy of the PS form 3811 is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: August 2, 2001 By: COMMONWEALTH OF PENNSYLVANLI 5S COUNTY OF WILEY, LENOX, COLGAN & mr_AII7.7.A000 P.C. Michele A. Reneker, Secretary to Timothy J. Colgan, Esquue On this, the 2nd day of August, 2001, before me, a notary public, personally appeazed Miehele A. Reneker, known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notazial seal the day and yeaz aforesaid. Notarial Seal ARY UBLIC S. Dawn Gggladfelter, Notary PuWiti~y Commission Expires: My Commi~'ssrton~Expires Mayu17 2005 Member, Pennsylvania Association of fVOtaries ~` k Cr 3' ~ • a , p p C`iOm late nB ~' e"I; ' 8 7' ' SO COffl lets A ~ _ ~ ~ ~ ~' :Received by~'(Please Prlni~Cleeity) 6~. Date ~ item 4 if Restdctetl Delivery is desired. " ~ i ^ Print your name antladdress on the reverse -,~ _ ~, ,; C n ure ~~ so that we can return the card to you. . ~ ~ ?~ ^ Attach this card to the back of the mailpiece, X ~ or on the front ;tT space permits. ` _ „ ^' 1. Article Add ed'to: D. Is delNery address different from Item 17 If YES, enter delivery address below: l3'Nb ~-~~{, ,~ ~ ,~ (}~ ~ (\ ~r~y~~~ T'(.Li l ll~if(it CJ. I ~ ~:.~1 I I~ I e-~ ~n2- 0 ~~ ` 13 , ~ p +~ l 3. $eprice Type - e ~7~'W f/Qp1G[ ~ .,,~, c~[`~~ ' " ~~('r'"rtHied Mail ^ Express Mail ^ Registered ^ Return Receipt for Me_ ' ~ II 1 .~ ^ Insured Mail ^ C.O.D. ! (J a- J 4. ~Res[dcted Delivery? (Extra Fee) ' yag 2. Article Numher (Copy /rom service label) , 7o~a ~~~a _ ~ ~ ~ cAn~ : ~r~ P~,fxsrm'~8'i l t July 19,95, Dorpe$11c Retum Receipt 102595~aU~fd -I i -..__ .~ w»aa6adn ~,l~~ta61dB~YiWLU~ti3Wl' .,.. ,..,_.. ... f "~` t"7 t- ... ~~ ~~ ~ iTl{.1.~ ~ __- ~.'". ~ _ G [ 1 ~~ . 3 t.. - ~ ~ :> ~ m -< ra c7 =- -~ cr ' ~ ~-- 1 r7~ri ~ 1 ~~ ~' CT ., ~ 3 .~ C~"' r5 _t. D~' °~~~ 0 ~ 2001 CHARLES W. McMILLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2001-4127 CIVIL TERM PAMELA J. McMILLEN, :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this (b day of , 2001, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The Father, Charles W. McMillen and the Mother, Pamela J. McMillen, shall have shazed legal custody of Sara A. McMillen, born March 13, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make ali major non-emergency'decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Mother and Father shall share physical custody of the child on the following schedule: a. Alternating 2/3/2 day schedule such that one pazent shall have physical custody of the child on Monday and Tuesday; the other pazent shall have physical custody of the child on Wednesday, Thursday and Friday; then the first parent shall have physical custody on Saturday and Sunday. Said schedule will alternate the following week, and continue alternating thereafter. b. Each parent shall be entitled to one uninterrupted week in the summer provided they give the other parent 30 days prior notice of exercising their week. c. Mother shall have physical custody of the child on Mother's Day; Father shall have physical custody of the child on Father's Day,; both at times agreed by the parties. d. The Christmas holiday shall be divided into two blocks, which the parties shall alternate. Block A shall be from 12:00 noon Christmas Eve until 12:00 Noon Christmas Day and Block B shall be from 12:00 Noon Christmas Day to 12:00 Noon December 26. Mother shall have Block A in odd numbered years; Father shall have Block A in even numbered years. Mother shall have Block B in even numbered years and Father shall have Block B in odd numbered years. e. The parties shall share Thanksgiving with one parent having physical custody of the child from 8:00 a.m. to 3:00 p.m. and the other parent having the child from 3:00 p.m. to 8:00 p.m. Father shall have the 8:00 a.m. to 3:00 p.m. time in odd numbered years; Mother shall have the child 8:00 a.m. to 3:00 p.m. in even numbered years. Father shall have the 3:00 p.m. to 8:00 p.m. time in even numbered yeazs; Mother shall have the 3:00 p.m. to 8:00 p.m. in odd numbered years. £ The parties shall alternate the following holidays at times agreed by the parties: Labor Day, Memorial Day and July 4. Mother shall have physical custody of child on Labor Day, 2001. 3. The parties shall keep each other advised immediately relative to any medical care or medical emergericies concerning'the child and shall further take any necessary steps to ensure that the health and well'. being of the child is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 4. Neither parent shall do or say anything nor let anyone in the child's presence to say or do anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 4. Transportation shall be shazed as agreed by the parties. 5. Both parents shall have an approved safety car seat and shall not transport the child unless the child is securely seated therein. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the teens of this Order shall control. BY THE J. cc: Timothy J. Colgan, Esquire, Counsel for Father Judith A. Callon, Esquire, Counsel for Mother A in.~.~-~t..t 9- //-b/ ~- t~INb'r1lhSN~y3~ ,v.n~n~~ ~;~,,~-,u ~iw~n~ . CIS ~~.~,i r,/ ~ 4 CHARLES W. McMILLEN, Plaintiff V. PAMELA J. McMILLEN, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-4127 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sara A. McMillen March 13, 1999 shared 2. A Conciliation Conference was held in this matter on August 31, 2001, with the following individuals in attendance: The Father, Charles W. McMillen, with his counsel, Timothy J. Colgan, Esquire, and the Mother, Pamela J. McMillen, with her counsel, Judith A. Callon, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date cqu ine M. Verney, Esquire Custody Conciliator CHARLES W. MCMILLEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. 01-4127 CIVIL ACTION LAW PAMELA J. MCMILLEN DEFF,NDANT IN CUSTODY ORDER OF COURT AND NOW, Moaday, September 25, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floar, Cumberland County Courthouse, Carlisle on Thursday, October 26, 2006 at 8:30 AM for aPre-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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cwnberland 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 UR 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 ~°m~~~~-~~~n ~ ~~_.~ ~~ '~ vJU ~'G ~_'i,J ~Ut1L hb~~~V~j`ey~ul.f~t1~~y~ry ~ q ~VL~Cl~' U7~~~~1 ~~ SEP 2 CFIARLES W. McMILLEN, IN THE COURT OF COMMON PLEAS T'- Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2001-4127 Civil Term PAMELA J. McMILLEN, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT You, PAMELA J. McMILLEN, have been sued in court to modify custody, partial custody or visitation of the child, SARA A. McMILLEN You are ordered to appear in person at , on (naa~ess) at _.m., for (Day and Dak) (Time) a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation maybe entered against you or the court may issue a warrant for your arrest. 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 2006 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required bylaw to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: J. Date: CHARLES W. McMILLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V5. PAMELA J. McMILLEN, Defendant Docket No. 2001-4127 Civil Term CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2006, upon consideration of the attached Petition for Modification of Custody Order, it is hereby directed that the parties and their respective counsel appeaz before Jacqueline M. Verney, Esquire, the Conciliator, at on the _ day of at , _.m., for apre-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 nazrow 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 appeaz at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available 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. BY THE COURT: J. Date: Luther E. Milspaw, Jr., Esquire Attomey ID Na. PA 19226 130 State Street, P.O. Box 946 Attorney for Plaintiff Harrisburg, PA 17108-0946 (717) 236-03141 FAX (717) 236-0791 Email: Luthemillsuaw(7a mblawfirm.com CHARLES W. McMILLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2001-4127 Civil Term PAMELA J. McMILLEN, CIVIL ACTION -LAW Defendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes CHARLES W. McMILLEN by and through his attorney, Luther E. Milspaw, Jr., Esquire and files the following Petition for Modification of Custody Order and in support thereof, avers as follows: 1. Plaintiff, CHARLES W. McMILLEN, resides at 312 Second Street, West Fairview, Cumberland County, Pennsylvania, where he has resided since early February 2006. He had previously resided at 322 Third Street, West Fairview, Cumberland County, Pennsylvania since July 2000. 2. Defendant, PAMELA J. McMILLEN, currently resides at 314 Second Street, West Fairview, Cumberland County, Pennsylvania, where she has resided for approximately one (1) month. For the five (5) years prior to August 2006, Defendant has lived at least four (4) different residences. 3. Plaintiff and Defendant are the natural parents of one minor child, SARA A. McMILLEN, date of birth -March 13, 1999. 4. On or about September 10, 2001, this Court issued an Order upon consideration of the Custody Conciliation Report dated September 4, 2001, granting PAMELA J. McMILLEN (hereinafter referred to as "Mother") and CHARLES W. McMILLEN (hereinafter referred to as "Father")joint legal and physical custody of SARA A. McMILLEN. A true and correct copy of said Order is attached hereto, incorporated herein by reference and marked as Exhibit "A". 5. The Order specifically provided for an alternating 2/3/2 day schedule such that one parent shall have physical custody of the child on Monday and Tuesday; the other parent shall have physical custody of the child on Wednesday, Thursday and Friday; then the first parent shall have physical custody on Saturday and Sunday. Said schedule to alternate the following week, and continue alternating thereafter. 6. The alternating 2/3/2 day schedule for the child has had sever adverse consequences for the child manifesting themselves primarily in her failing to pass first (16~ grade and thus, needing to repeat first (ls`) grade beginning with the current school term. 7. During the alternate periods in which the child has been residing with Father, the child has enjoyed a stable home environment. 8. During the alternate periods in which the child has been residing with Mother, the has lived in multiple locations, the most recent of which the Mother was evicted in early August 2006, resulting in the loss of virtually all of the personal belongings of the child, with the exception of clothing. 9. Father believes and therefore avers, that Mother's current residence at 314 Second Street, West Fairview, is itself temporary and she will be moving to yet another location in the near future. 10. Father is in a position to provide a stable home environment, including a primary residence, for the child and therefore seeks modification of the current custody order, which would grant him primary physical custody of the child with alternate weekend visitations with Mother, at least one (1) week day evening visitation with Mother, and a continuation of holiday and Summer vacation visitation as is set forth in the current order. 11. Petitioner believes his requests for modification are in the best interest of the child. WHEREFORE, Petitioner, CHARLES W. McMILLEN, respectfully requests this Honorable Court to enter an order in form and substance as is set forth on Exhibit "B" hereto. R spectfully s L H R . MI Attomey ID No. 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717)236-3141 Attorney for Charles W. McMillen Dated: September 15, 2006 ~' - CEP ~ ~D01 CHARLES W. McNIILLEN, :1Ti THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2001-4127 CIVIL TERM PAMELA J. McMILLEN, :CIVIL ACTION -LAW Defendant - : IN CUSTODY ORDER OF COURT AND NOW, this /a ~ day of ,...~<~~ _, 2001, upon consideration of the attached Custody Concilia 'on Report, it is ordered and directed as follows: 1. The Father, Charles W. McMillen and the Mother, Pamela J. McMillen, shall have shared legal custody of Sara A. McMillen, born Mazch 13, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Mother and Father shall share physical custody of the child on the following schedule: a. Attemating 2/3/2 day schedule such that one parent shall have physical custody of the clrild on Monday-and Tuesday; the other parent shall have physical custody of the child on Wednesday, Thursday and Friday; then the first parent shall have physical custody on Saturday and Sunday. Said schedule will altercate the following week, and continue alternating thereafter. b. Each parent shall be entitled to one unintemipted week in the summer provided they give the other parent 30 days prior notice of exercising their week. ` c. Mother shall have physical custody of the child on Mother's Day; Father shall have physical custody of the child on Father's Day,; both at times agreed by the parties. d. The Christmas holiday shall be divided into two blocks, which the parties shall alternate. Block A shall be from 12:00 noon Christmas Eve until 12:00 Noon Christmas Day and Block B shall be from 12:00 Noon Christmas Day to 12:00 Noon December 26. Mother shall have Block A in add numbered years; Father shall have Block A in even numbered years. Mother shall have Exhibit "A" Block B in even numbered years and Father shall have Block B in odd numbered years. e. The parties shall share Thanksgiving with one parent having physical custody of the child from 8:00 a.m. to 3:00 p.m. and the other parent having the child from 3:00 p.m. to 8:00 p.m. Father shall have the 8:00 a.m. to 3:00 p.m. time in odd numbered years; Mother shall have the child 8:00 a.m, to 3:00 p.m. in even numbered years. Father shall have the 3:00 p.m, to 8:00 p.m. time in even numbered years; Mother shall have the 3:00 p,m. to 8:00 p.m. in odd numbered years. f. The parties shall alternate the following holidays at times agreed by the parties: Labor Day, Memorial Day and July 4. Mother shall have physical custody of child on Labor Day, 2001. 3. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 4. Neither parent shall do or say anything nor let anyone in the child's presence to say or do anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 4. Transportation shall be shared as agreed by the parties. 5. Both parents shall have an approved safety car seat and shall not transport the child unless the child is securely seated therein. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may mothry the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, a d J. cc: Timothy J. Colgan, Esquire, Counsel for Father Judith A. Catkin, Esquire, Counsel for Mother .p. g„`"~4A ~ ~a~;g4^. ,~ ;f"~`N~~,M t`al~'Fn[[ ~a~XF ~]n It1 ~e' xl~;:~f`1`'"#:'':?~Fi 1= ~;~. ; ... , itpS3~=~ s4'' i;~'iCC9jJJ' ~`S:aPi~ ctl4°Y4<' ia'~„~ ~`.fa`.~ Ci'F ~.ki~ vl°'i^~ if V7l~~i~;in, Yt;~. Iiai • ~ day el. ~vvl a ~f(lt~ed3Fi~ft~Yy~ CHARLES W. McMILLEN, Plaintiff V. PAMELA J. McMILLEN, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-4127 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sara A. McMillen March 13, 1999 shared 2. A Conciliation Conference was held in this matter on August 31, 2001, with the following individuals in attendance: The Father, Charles W. McMillen, with his counsel, Timothy J. Colgan, Esquire, and the Mother, Pamela J. McMillen, with her counsel, Judith A. Callon, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 9-y-~~ Date ®h•1/ _ J(acqu ine M. Verney, Esquire Custody Conciliator CHARLES W. McMILLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. PAMELA J. McMILLEN, Docket No. 2001-4127 Civil Term CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2006, upon consideration of the foregoing Petition for Modification of Custody Order, it is ordered and directed as follows: 1. The Father, Chazles W. McMillen and the Mother, Pamela J. McMillen, shall have shared legal custody of Saza A. McMillen, born March 13, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regazding her health, education and religion. 2. Father shall have primary physical custody of the child. 3. Mother shall have temporary physical custody of the child every other weekend from Friday after school until Sunday evening at 8:00 p.m.; and each Wednesday from after school unti18:00 p.m. 4. Mother shall be entitled to one week visitation in the Summer provided she gives Father thirty (30) days notice of exercising such week. 5. Mother shall have physical custody of the child on Mother's Day; Father shall have physical custody of the child on Father's Day, both at times agreed by the parties. 6. The Christmas holiday shall be divided into two (2) block, which the parties shall alternate. Block A shall be from 12:00 noon Christmas Eve until 12:00 noon Christmas Day and Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall have Block A in odd numbered years; Father shall Block A in even numbered years. Mother shall have Block B in even numbered yeazs and Father shall have Block B in odd numbered years. The parties shall share Thanksgiving with one pazent having physical custody of the child from 8:00 a.m., to 3:00 p.m., and the other pazent having the child from 3:00 p.m., to 8:00 p.m. Father shall have the 8:00 a.m., to 3:00 p.m., time in odd Defendant Exhibit "B" numbered yeazs; Mother shall have the child 8:00 a.m., to 3:00 p.m., in even numbered years. Father shall have the 3:00 p.m., to 8:00 p.m., time in even numbered years; Mother shall have the 3:00 p.m., to 8:00 p.m., time in odd numbered years. The parties shall alternate the following holidays at times agreed by the parties: Labor Day, Memorial Day and July 4t°. Mother shall have Memorial Day, 2007. 9. The parties shall keep each other advised immediately relative to any medical caze or medical emergencies concerning the child and shall farther take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 10. Neither parent shall do or say anything nor let anyone in the child's presence say or do anything that may estrange the child from the other pazent, injure the opinion of the child as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 11. Transportation shall be shared as agreed by the parties. 12. 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: J. cc: Luther E. Milspaw, Jr. Esquire, Counsel for Father Judith A. Catkin, Esquire, Counsel for Mother VERIFICATION I verify that the statements made in the above Petition for Modification of Custody Order are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. C_--~-~--~ `- Charles W. McMillen Dated: September 6 , 2006 CHARLES W. McMILLEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2001-4127 Civil Term PAMELA J. McMILLEN, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Petition for Modification upon all parties/counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 15`" day of September, 2006, addressed as follows: Judith A. Calkin, Esquire 2201 North 2"d Street Harrisburg, PA 17110 Pamela J. McMillen 314 Second Street West Fairview, PA 17025 Jr. Attomey ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717)236-3141 Attorney for Charles W. McMillen ~igy~ . _ -- ' __a'a'iu[wxuzt~w'creti5sr~'aa6e~~+~eYV,.gMi4~~,~~bs:ST»fwz1E~`~'m~' .. ..; ~ ~ o Y: ~ ~~` a ~,:, ,,,, _-- w ~:~ ~- ~' ~~ ~~ .~ "O f ~~~ OCT 30 cuuo CHARLES W. McMILLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. ; N0.2001-4127 CIVIL TERM PAMELA J. McMILLEN, :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this (S~ day of _ ~ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated September 10, 2001 is hereby vacated. 2. The Father, Charles W. McMillen and the Mother, Pamela J. McMillen, shall have shared legal custody of Sara A. McMillen, born March 13, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but'not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Father shall have primary physical custody of the child. 4. Mother shall have periods of partial physical custody of the child on alternating weekends from Friday after school until Sunday evening at 8:00 p.m.; and each Wednesday from after school to 8:00 p.m. v / 5. Both parties shall be entitled to one uninterrupted week of physical custody during the summer provided they give the other party thirty (30) days prior notice of exercising such week. 6. Mother shall have physical custody of the child on Mother's Day; Father shall have physical custody of the child on Father's Day; both at times agreed by the parties. 7. The Christmas holiday shall be divided into two blocks, which the parties shall alternate. Block A shall be from 12:00 noon Christmas Eve until 12:00 Noon Christmas Day and Block B shall be from 12:00 Noon Christmas Day to 12:00 Noon December 26. Mother shall have Block A in odd numbered yeazs; Father shall have Block A in even numbered years. Mother shall have Block B in even numbered years and Father shall have Block B in odd numbered years. 8. The parties shall share Thanksgiving with one parent having physical custody of the child from 8:00 a.m. to 3:00 p.m. and the other parent having the child from 3:00 p.m. to 8:00 p.m. Father shall have the 8:00 a.m. to 3:00 p.m. time in odd numbered years; Mother shall have the child 8:00 a.m. to 3:00 p.m. in even numbered years. Father shall have the 3:00 p.m. to 8:00 p.m. time in even numbered years; Mother shall have the 3:00 p.m. to 8:00 p.m. in odd numbered years. 9. The parties shall alternate the following holidays at times agreed by the parties: Labor Day, Memorial Day and July 4. Mother shall have physical custody of child on Memorial Day, 2007. 10. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 11. Neither parent shall do or say anything nor let anyone in the child's presence to say or do anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 12. Transportation shall be shared as agreed by the parties. 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 teens of this Order shall control. cc: Luther E. Milspaw, Jr., Esquire, Counsel for Father Pamela J. McMillen, pro se 314 Second Street ,eadzcy M^-d-°-Q"~ West Fairview, PA i~_pa-v4 n OCT 30 cuuo CHARLES W. McMILLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :2001-4127 CIVIL TERM PAMELA J. McMILLEN, :CIVIL ACTION -LAW Defendant . IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Sara A. McMillen Mazch 13, 1999 shared 2. A Conciliation Conference was held in this matter on October 26, 2006, with the following individuals in attendance: The Father, Charles W. McMillen, with his counsel, Luther E. Milspaw, Jr. Esquire. Mother, Pamela J. McMillen, did not appear, although she had notice of the conference. 3. The Honorable Edgar B. Bayley, President Judge, entered an Order of Court dated September 10, 2001 providing for shared legal custody and shazed physical custody on a 2/3/2 day alternating schedule. 4. Father requested an Order in the form as attached. l0-30 -06 /"~~ Ulw Date OJac eline M. Verney, Esquire Custody Conciliator