Loading...
HomeMy WebLinkAbout01-7124 FX '.'1 --1 i.i~.J ,'if: "1 'J } ^ F~ 6 2002 V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-7124 CIVIL ACTION - LAW MARTIN H. MILLER, Plaintiff CAROLEE MILLER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this t'V-' day of consideration of the attached Custody Conciliation follows: , 2002, upon dered and directed as 1. The Father, Martin H. Miller, and the Mother, Carolee Miller, shall have shared legal custody of April Star Miller, date of birth, March 14, 1986, Shauna Lee Miller, date of birth October 12, 1988 and Adam Jay Miller, date of birth, August 11, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding their health, education and religion. 2. Father shall have primary physical custody of the Children. 3. Mother shall have periods of partial custody every Saturday from 9:00 a.m. to I :00 p.m. 4. Mother shall have additional periods of partial custody as the parties agree, such as days that the children are off from school. Father is to encourage the children to visit with Mother. 5. Mother shall have a block oftime with the children on Easter, Thanksgiving and Christmas. 6. The children are to be available for telephone contact with Mother every Wednesday at 4:30 p.m. Father is to encourage the children to initiate and accept other telephone contact with Mother. 7. The children are hereby ordered to attend counseling which shall include Mother once the counselor deems it appropriate. 8. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tenus of this Order shall control. The parties shall return for another Conciliation Conference on April I 0, 2002 at 9:30 a.m. ,,,'''''",,~''~:W,'ji[lI~",-- ]-- ;~(:'~ "~?""-'.r>ov ~""""-",, o".-'-H' "'~ cc: Thomas 1. Williams, Esquire - Counsel for Father Jane Adams, Esquire - Counsel for Mother ~ /J'VI.Wu( """"~~-~'1"' ~.,1- ~~ ~~, " - ~ -~, ~ J. ;2.13.0 ;p q ,~ >- a: ;:::; n u. ! .:*-'~. ~s:~~ c5>~' L, I \!) U) 2: Z: =)~.--r C)=~ C)-:-7'::- ~.~2 ~~~ -:'~~ jJft ~~ () ("') , '- ,,) a:} w~ LL C"~~ a - ~,", "..",fi,m,,,,,,,-- ""'''.w"''N'>',,>'''''' iiilUliru@Ii'.IWUlllil Ti1DCJintji~l'!iieir" - -,~ ':"r;""I;~~~~:~Jf~,~~~f~ln;,~v~';,<<';>-'N<FC"'i-<"",j\'",M"/l--;-;:!1~~;~i$ii~H~~,I1i'!.~!IffllmJjlllll!ll/l!l~~_~' ,...~ -- > FEir'o- 6 2002 MARTIN H. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2001-7124 CIVIL ACTION - LAW CAROLEE MILLER, Defendant :IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF April Star Miller Shauna Lee Miller Adam Jay Miller March 14 1986 October 12, 1988 August 11, 1990 Father Father Father 2. A Conciliation Conference was held in this matter on February 6, 2002. Father, Martin H. Miller, was present with counsel, Thomas J. Williams, Esquire, and Mother, Carolee Miller, was present with counsel, Jane Adams, Esquire. 3. The parties agreed to an Order in the form attached. ~-?-()~ Date ,tl cq ine M. Verney, Esquire Custody Conciliator ''-m4'''1'''~tl4 _"""~'?!""< .~~" -- r ''" " ,~~, ~, ~ -=~T . API~ 2002 MARTIN H. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-7124 CIVIL ACTION - LAW CAROLEE MILLER, Defendant : IN CUSTODY ORDER OF COURT ,,- AND NOW, this ---P-- day of ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: l. The prior Order of Court ofthe Honorable Edgar B. Bayley, dated February 12, 2002 is hereby vacated and replaced with the following. 2. The Father, Martin H. Miller, and the Mother, Caro1ee Miller, shall have shared legal custody of April Star Miller, date of birth, March 14, 1986, Shauna Lee Miller, date of birth October 12, 1988 and Adam Jay Miller, date of birth, August 11, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding their health, education and religion. 3. Father shall have primary physical custody of the Children. 4. Mother shall have periods of partial custody as follows: A. With Adam, alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. B. With April and Shauna, alternating weekends, Saturday from 9:00 a.m. to 3:00 p.m. and Sunday from 9:00 a.m. to 5:00 p.m. Said days shall coincide with the alternating weekends that Adam is with Mother. This provision shall eventually be expanded to alternating overnight weekends. C. Ten overnights during the summer from 5:00 p.m. to 5:00 p.m., provided Mother give Father two weeks prior notice of exercising said overnights. This provision applies to all three children. 5. Mother's boyfriend is not to be present during Mother's periods of partial physical custody with April and Shauna until they are comfortable with him. 6. Holidays: ~''''',;'I'-'i\'IB!Jf~" ,~ ,~~~ . ~~~" _, 'I'~ . w: w [ A. Mother's Day/Father's Day: Mother shall have custody of the children on Mother's Day from 9:00 a.m. to 3:00 p.m. Father shall have custody of the children on Father's Day from 9:00 a.m. to 3:00 p.m. B. Memorial Day, 4th of July, and Labor Day shall be split by the parties such that Mother will always have the children from 9:00 a.m. to 3:00 p.m. In the event a Monday holiday coincides with Mother's weekend periods of custody, the weekend shall be extended to include Sunday overnight. C. Thanksgiving: The parties shall share physical custody of the children, such that Mother will always have physical custody of the children from 9:00 a.m. to 3:00 p.m. D. Christmas: Mother shall have physical custody of the children from Christmas Day at 12:00 noon to December 26 at 12:00 noon. 7. Mother shall initiate counseling to include the children and be responsible for the cost thereof. 8. The children are to be available for telephone contact with Mother every Wednesday at 4:30 p.m. Father is to encourage the children to initiate and accept other telephone contact with Mother. 9. Mother shall provide a current telephone number to Father. Father shall not release the number to any third party. 10. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. The parties shall return for another Conciliation Conference on June 26, 2002 at 10:30 a.m. / BY THE COD ,/ J. cc:~. Williams, Esquire - Counsel for Father ~e Adams, Esquire - Counsel for Mother L~ Oy -/-5 ~O ~ ~i~l<j; ~ '- ~ , ~~ _ "'"""""'- 'I~__O""" ,= ~ II b: ;;:<: CO Ulz ~C) ;'}: :r c;)~:: , l,_ cje WD- , ;-;;=U,I .......-,... ~:.: U_ o 1""'- '" N x: 0- tn ?:: '7 ~""~ >-(2 '--' ::f ~~?,~ ~~JZ, -....----;>' ..,"".c.- d..!uJ ~g[l... ::) o 0:: 0- 0<:< N c::> I _rv ~ ""DIIll'.__ ~,"!,,,,;,)Ill'~~ . ~",' oc'" '-", . ~,~",.~" "~, ,,,-, _,~a__'_"._ .w""""" 'O'"'H"Tlr"""-(';-a~ "~ltl~<-',u':-~,"' ,~jlJ.lii~'-r~.fit'ftlll.~r2"~ttfY~i~~Jfif " r..~ 'j~ _~"'lj!!!"'~:",~"ff>~;\\''''''~~'I<''';;(,l',<[~Pf'''"''' '.""':"'~i~~'-,''C':'H';l'i;l:''!f:~~~~~~~w~~",~~: <.-"'1111I1 f'-^ ID ~2 2002 MARTIN H. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2001-7124 CIVIL ACTION - LAW CAROLEE MILLER, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19153-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF April Star Miller Shauna Lee Miller Adam Jay Miller March 14 1986 October 12, 1988 August 11,1990 Father Father Father 2, A Conciliation Conference was held in this matter on April 1 0, 2002, Father, Martin H. Miller, was present with counsel, Thomas J. Williams, Esquire, and Mother, Carolee Miller, was present with counsel, Jane Adams, Esquire. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley, dated February 12, 2002, which provided for shared legal custody, Father having primary physical custody and Mother having periods of partial custody, 4. The parties agreed to an Order in the form attached. <-{ -( 1-02- Date _~,vi / / acq line M. Verney, Esquire Custody Conciliator -'c~'"""'~,,~~.,.,.."^",-?f"''''_. .'" . "" ~ . ~; MARTIN H. MILLER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 01-7124 CIVIL ACTION LAW CAROLEE MILLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 08, 2002 , 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, February 06, 2002 at 8:30 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. 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 aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 honrs prior to scheduled hearing. FOR TIlE COURT, By: Isl Jacqueline M. Verney. Esq. Ov'^. 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,~>-,.;~.~ ~ ".~, "C"__' -"- 1,' ",C . r-/j ~((J 5~ --~ ~ ~ ~ "-' ,,~',' ..' "'. '0" ,~." -, 'xC~-.,~~ "," ,"-""""~"'-H-Y~~-Un,^<,-,-c;", p~ "'''Wi-i:-'t~r'< "'-h'''x''''l~-i~'r'il~~W'fl':l~Y';i;i-'",s~nr:f''t%-''~~''~~ ~~U~pY~l 'IA~~~ ~~-P7~~-n > )Jj 'f,i;\I\;(~1^SNN3d \In,),,) f"'1f,_!~l'''! :""n'!l1(1 . ",' ,',' !(~,';k:;i ~I T0 /1 .7/" ....' >(.. 'Ii';::! q.... I_H'lh "".If"'! V itt.{ Cu Y:o. $-/ -eo. P- I <::C?3/ . _ ,QI!!I!!!I\lll",~~, ~<,,,,",,,,-",,""~,,,,,_-AH,~I%,,,fl,lf ~~~~~~~#~0lIl ,~, . "_1J!:.",,)~_J,!;'i'?HI'(-f~~!:tiii"("";-P<'!'W- \,+i-"'f""'-';"!-,- ""-~,{i';9~~;!J?:~~,{4ii"JWi!,i;WI~~HWRlt(fjiiUf~,p;b;!'m~il-1<n11iJli1~~ig~jW~b~lW: ::-2111!,,~" "','~ , -~~ F:\FILES\DATAFILE\Gelldoc,cur\10514-ccom IItde Created: 12113/0l11:38:36AM Revlsed: 12fI8fOl03:59:20PM MARTIN H. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01- 'f/'J.'I CAROLEE MILLER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ day of , upon consideration ofthe attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of '_' at .m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249.3166 -"~P( ,."~",~=,-,!~c,,,__,~>~,~: ' ~'''',~ ,-"",- ',-,'1"'- ","},' "'-,'-'! ,~,. ->< >".^ ., . I "H" ~iT r MARTIN H. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01- 71;}tf CAROLEE MILLER, Defendant IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Martin H. Miller, who currently resides at 2312 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Carolee Miller, who currently resides 297 Mohawk Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: a. April Star Miller, born 3/4/86; b. Shauna Lee Miller, born 10/12/88; and c. Adam Jay Miller, born 8/11/90. 4. The children were born in wedlock. 5. The children have resided with the, parties at Plaintiff s address until Defendant left the marital residence on Novemberl5, 2001. 6. The relationship of the Plaintiff to the children is that off ather. He is married and living separately. The Plaintiff currently resides with the following: Name Relationship April Star Miller Shauna Lee Miller Adam Jay Miller Daughter Daughter Son 7. The relationship ofthe Defendant to the children is that of mother. She is married and living separately. Defendant currently resides with the following: Name Relationship. Unknown Boyfiiend ""''f'~-:'" -" ,'<' '0->:<-';' _',"-"J"~;'!.1,l""': -- - . ~ "". ,,~ ,""_ ", - F - ---,.'"'' .. ., "." ' ,e". , 1- ..r. 8. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 9. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 10. The best interest and permanent welfare of the children will be served by granting custody to Plaintiff because: He is best able to provide a stable and nurturing environment for his children. 11. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTS ON DEARDORFF WILLIAMS & OTTO By T~ (,V~ l,ArJk~ Thomas J. Will s, EsqUIre Ten East High Street Carlis1e,PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: December 19 ,2001 "~;il~n", '>-'~'--':~~-J~-,~"!" - ,-" , ~ ,__ ' '^ ,0 '_ ,~ " 1<, ,.",~~ . VERIFICATION The foregoing Custody Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~Iii ~ Martin H. Miller ""i%'<~i'!I , . ~ ---,~: ~, " ,~ ~, , T" -'" . , J' ~,- >, l:r "-""'"""."'"." . .." '''''''""'''A'-rllluil~lJlllJ\Ij(i~jrltll"l'i (") 0 p ~ ~ "b\- e " f2 :;;::: C:J ..----, t & Ll GO P'1 ~ r: ~T" mm " ;!' ~- _.l) r' N C"1 -, en--'-"', co ~ ~''5': . --.. ~ r=;:"":' ',,"- -!;) ~;.,... :: -r, ~ ~Q ~,j~~ -I:> '::> )>~ 1"5rn -0 S}. ~ -t. z .:;::> =<! ~:o Z. 0 .-< -.......c ~ .\;)- a , Jj,"f'!"\' ~, 0,,' 1 _ .~'; ~.> ~,~~--; '~'",:,,~_r.!, ~~~,i ";!,,\~M~~Uif~~,,",,,,~m~,~~,,~~,,;,!\1l\~}?W-:"q;i'A!\"'O'""r"'!!<~-~"-~'7'I.'<~1'~'i''!'1'':R~~m~''!1~~~~~r~jJ,!WJ~~~:~~,~~ .' J ;.. PLAINTIFF IN 1HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARTIN H. MILLER V. 01-7124 CIVIL ACTION LAW CAROLEE MILLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, June 24, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and theirrespective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthonse, Carlisle on Tuesday, July 16, 2002 at 3:30 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 defme 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 aud 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: Isl Jacqueline M. Verney. Esq. r^'vJ.- 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 1HIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 "W~l"~~ . -"" . ~., . II 4 Sg , ,~ ~,< ~. ,- ~ .c, -- ~""^' , ".->'1'"' , ",-,' .' ~"",' ".,< ,.{>W;';;; '-",;;::ii>-"""~;;}f 'fitl~ ';;~iiWtfJt "rTj,J";'J!l;;:i'~tl~i~~H~t":~~fIP} . , . ~~ -b -..-~4:v ~..fp~~~ ~--P z~44v,rp Vlj\'\fj\: '~N"I'" I UI ,:.."J. .J\", IV.::!C I \ '"'! ,r~'!'rn:!-.,--,) JnU., ,.,1"" '::':"'C,"n'"' "'.:, 'I II,.! au :S jici SZ i'jflj' 20 A'!:il'r/:!'-',!I:"", ,'\'" "r ' l.,!......-'\j\)r-, 'J1'1"[ ..!,"-. ",,- "'-, III! 301:L~O-o:nJ:l '-' ::10 ("O.5C .p ('0-5('.'f <;"0'5f::7 '~"W"~'~:""=~<~'~ "1~~~~4XI1t~~~~~~1~'~!SW11!'.rf~~~t""\jij'1"""''i-i0%;'''M'~""",,, ;'-{'''''i,:-,,~:,e>)')<''_-Y;''-',1;'i'f'',*W--l,-,,*:,!j~;,i'fk!jjig;~,;,~~;J;1#ft'\?1(;~o'~$~,~;,~~l!iOO,~ o. "4 of MARTIN H. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001 - 7124 CIVIL ACTION LAW CAROLEE MILLER Defendant : IN CUSTODY ORDER AND NOW this day of , 2002, upon consideration of the attached Petition for Contempt, it is hereby directed that the parties and their respective counsel appear for a hearing on the day of ,2002, at o'clock .m. in Courtroom _ of the Cumberland County Courthouse. BY THE COURT: 1. ;'''~~~~ --,~~, "", ,,-'?' ~,; j-- ~" , ,'"" "r " MARTIN H. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001 - 7124 CIVIL ACTION LAW CAROLEE MILLER Defendant : IN CUSTODY PETITION FOR CONTEMPT AND NOW COMES, Petitioner, Carolee Miller, by and through her Attorney, Jane Adams, and respectfully represents the following: 1. On April 15, 2002, Judge Bayley entered an Order awarding Petitioner, Carolee Miller, (hereinafter referred to as "Mother") periods of partial custody of the minor children: April Star Miller, Shauna Lee Miller, and Adam Jay Miller. 2. A true and correct copy of the Order is attached to this petition. (Please see Exhibit A.) 3. The Order provides Mother visitation with the children from 9:00 a.m. through 3:00 p.m. on Memorial Day as well as periods of visitation with the children on alternating weekends. 4. Respondent is Martin H. Miller (hereinaJter referred to as "Father.") 5. Father has willfully failed to abide by the order in that: (a) On May 25th, May 26th and May 27th (Memorial Day), Mother called Father and requested a period of visitation with the children consistent with the custody Order of April 15, 2002. (b) Father did not return Mother's telephone calls and did not offer a period of partial custody as directed by the Order. (c) On May 26th, Mother was able to contact her son, Adam Miller, who indicated he was going away over the weekend. (d) On May 30th, Mother requested an additional period of partial custody with the children on June 1,2002, due to the missed visit; Father did not allow this visit. .,.,'"">'M1JiI" _,~ ".~, ,~__, . '< __ ""'F j',,",1'~_ , ~ " """,,f'<=''''' '~T t < ^ . (e) Father has continually and repeatedly refused to provide custody of the children as directed under this Court's Orders ofFebruary 12, 2002, and April 1 5, 2002. (f) Father has offered no assurance that he will abide by the custody Order of April 1 5, 2002, or provide Mother with any future periods of partial custody. WHEREFORE, Petitioner requests that Respondent be held in contempt of Court. I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. "\ Respectfully submitted, ""'. I" \ I f n ~ J e Adams, Esquire .D. No. 79465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER , -'~,AA.-"!,;*",uql3ili1~~,_,~ ,,- --, ~ ,- ~ fIT" _ ~k" ~_." _ m ~, ,~ ^~ ." ~ ~~-- ~~.,a~_n'_,~' ~"'~'~^"""'""^-<"c..;-"l-I "'.C,o< Iii ^ ^ '1lIIf UIT rrrrimrr!il4!i' , . (") 0 0 c: N ---n ~ ~ s:: t- :__::::1 J0 -003 - '~'+i. :~! '- ~. [lJc!::!, - ' j ~ ~ 8 ~~'" --' ;c~:~: '-- ~ ,. ~' -t; ~:~2B ~ -- ;ti ;~jj-0 jlJ -.; W ::=> 3 1:1 -' ([' """ ~ ~ "" 3 <...- If' e~~ _,~,Illi, 'lI'_p, ,~~~~~""",_~.",=~~~!ffi'~{#Ii!~",\~"'~t:'. ';;"''B'':~-''''1''''F<7'''~';~'f!I1~j'h1t~~_~lff~J~'~n)~~~: ""~ _-:j'fxrrr~' ~~" '"--IfiI MARTIN H. MILLER, Plaintiff .IUI ~002 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-7124 CIVIL ACTION - LAW CAROLEE MILLER, Defendant : IN CUSTODY ORDERO~ AND NOW, this -:a.l\ day of ,2002, upon consideration of the attached Custody Conciliation Report: it is ordered and directed as follows: 1. The prior Order of Court of the Honorable Edgar B. Bayley, dated April 15,2002 is hereby vacated and replaced with the following. 2. The Father, Martin H. Miller, and the Mother, Carolee Miller, shall have shared legal custody of April Star Miller, date of birth, March 14, 1986, Shauna Lee Miller, date of birth October 12,1988 and Adam Jay Miller, date of birth, August 11, 1990, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding their health, education and religion. 3. Father shall have primary physical custody of the Children. 4. Mother shall have the option to initiate counseling to include the Children and Father and Mother and Father shall share equally in the cost, after insurance if applicable, thereof. 5. Mother shall have periods of partial physical custody at times agreed to by the Children and Mother. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisio f. s Order by mutual consent. In the absence of mutual consent, the terms of;msor I control. B J. cc: Thomas J. Williams, Esquire - Counsel for Father Jane Adams, Esquire - Counsel for Mother ~ 'h ),9, o.:L Q- -,-, ~:""'~'~Vi7'17, =-,~,'~= -', 5\l >- 0: :< ,-- <' w=: ff~:~' (~) ;::~: Gf',~ ~::J ~ ,",dJli_, ~" ~,~" " t,::" "'(" ~~r- ,-, "''<~'" "W'''''"o''''''.JS,'~'~'-,;.' I,i) C i:: z ::;,<( ;,:-;17 '-._}< c:::)~ "';!:">- <ll~9 , ~" ---;? :i]LiJ cpc.... ~r: "".::iC Cl, 0..; .> -, ..~ C) - - w.' "'~""'^""Y"'~'"",,'p;;J;' ~'~'l1J1~tit,,'"';Yf.t~I~'""-":I~'rt1n:-:nfltJjt'i'--:',~';J.Jf~~-\ .c>", ~ ~_ ,," ,~, ~,,~, _"j"!i'.~;!I~:!~l!l!iJn~fl!ffi'>>,_ ~ ~,-r ,T.I ,~~",. ~,~ L!~ff1-;;'rW!~i,;\i'~~~,'fu~1f"'~';-W"'i"!ir.cH:'!"f;o"-"__:1-'-""'~""'''j,~'''':~~~.@:~~!!'j~Wl#fft'{~!fijill~I@!,l~~;l!; '.:ft" ""~"-~~ ~ ,~ , .n~ 62002 V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-7124 CIVIL ACTION - LAW MARTIN H. MILLER, Plaintiff CAROLEE MILLER, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CML PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF April Star Miller Shauna Lee Miller Adam Jay Miller March 14 1986 October 12, 1988 August 11, 1990 Father Father Father 2. A Conciliation Conference was held in this matter on June 26, 2002 and July 25,2002. Father, Martin H. Miller, was present with counsel, Thomas J. Williams, Esquire, and Mother, Carolee Miller, was present with counsel, Jane Adams, Esquire. 3. Prior Orders of Court were entered by the Honorable Edgar B. Bayley, dated February 12,2002 and April 15, 2002, which provided for shared legal custody, Father having primary physical custody and Mother having periods of partial custody. 4. The parties agreed to an Order in the form attached. 1-;}.S'~O.J- Date ~7h.~/ ta'cq ine M. Verney, Esquire Custody Conciliator , '<c_:'<'-"'J:'H1<01;{!l''jifH_''', -."," ,'[ 1- ~ ~~ ," - ~~ ~."~~~~",,