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HomeMy WebLinkAbout99-01887DAVIDA. NEFF, Plaintiff a JODEANA MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- /~' ~' ~ 7 CIVIL TERM CIVIL ACTION-LAW/ IN CUSTODY ORDER OF COURT AND NOW THIS .~ day of _ /~~_ 1999, upon consideration of the atleched Petition To Modify Custody' it is hereby directed that the parties and their respective counsel appear before N ~~ ~~ ~( ,1rn~i , Es the conciliator, at 5t4 ~n r -~ •~ on the ~ day of_ MQ~ , 199 at 3. _~ /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. 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 BY THE COURT, BY ~ ~~(`~ Custody Conciliator ~ t-~~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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, PA 17013 (717) 249-3166 CU:,;c 9.99 ~ /t~lG~i/ ~ ~ ~`~ DAVID A. NEFF, Plaintiff v. JODEANA MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 99- /SS/ CIVIL TERM CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CU TODY AND NOW, comes the Plaintiff, David A. Neff, by and through attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The Petitioner is the Plaintiff, David A. Neff, (hereinafter referred to as "father"), who resides at 520 Chestnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. The Respondent is the Defendant, Jodeana Miller, (hereinafter referred to as "mother"), who resides at 501 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 3. Father seeks custody of the following child: Name Present_ re~Ce Jordan Miller 501 Burgners Road, Carlisle 2 years The child was born out of wedlock. The child is presently in the custody of mother. During the past two years, the child has resided with the following persons at the following addresses: Persons Residences Dates Jodeana Miller 501 Burgners Road, Carlisle since birth The natural mother o! the child is Jodeana Miller. She is not married. The natural father of the child is David Neff. He is not married. 4. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Names Relationship Reba Carney girlfriend 5. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names John Bare Jordan Miller Relationship boyfriend son Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 6. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. i ~ 7• A Custody Agreement was signed by the parties dated October 24, 1997, which provided Father with reasonable periods of visitation and partial custody of the minor child when agreed upon by the parties. A copy of the October 24, 1997 Custody Agreement is attached hereto as "Exhibit A." The Custody Agreement was not, to father's knowledge, entered as an Order of Court. 8. Father now desires that he be awarded additional periods of custody with the child as follows: a. Every other Sunday from 1:00 p. m. until 5:00 p.m. b. One weekend in June, one weekend in July and one weekend in August. c. Christmas day from 1:00 p.m. until 5:00 p. m. (hereinafter referred to as "child"), born April 1, 1997. WHEREFORE, Father respectfully requests that this Honorable Court revise the October 24, 1997 Custody Agreement to provide him with additional custody of the child. Respectfully submitted, O'BRIEN, BARK & SCHERER Date:3 3o~t~ Michael A. Scherer I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/custody/b retz. pet VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody 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. Davi A. Neff DATED: ~ ~ ~7 '' CUCTODY AGREEMENT ENTERED INTO this 2 ~[ day of D nQv 6 of ,199']' BETWEEN, Davld A. Netf, of Sl9 Chestnut Street, Mount Holly Springs, Pennsylvania, hereinafter referred to as "Father", AND Jodeane Miller, of 607 Pine Road, Carlisle, Pennsylvania 17013, hereinafter referred to as "Mother", WHEREAS, Father and Mother are the parents of Jordan Miller born April 1, 1997, minors hereinafter referred to as "the child"; WHEREAS, Father and Mother are no longer living together; WHEREAS, Father and Mother acknowledge that the child is now Jiving with Mother and has lived with Mother since birth; WHEREAS, Father and Mother believe that it is in the best interests of the child at the present time that he live with Mother; ' WHEREAS, Father and Mother believe that it is in the best interests oC their child to reach an agreement as to the relative times for their periods of custody, partial custody, and visitation with their child; WHEREAS, Father and Mother desire to have said agreement entered as an Order of Court having jurisdiction over NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 1. Mother and Father shall have joint legal custody of the children. Mother shall have primary physical custody of the children. 3. Father shall have reasonable periods of partial or temporary custody with the child, including reasonable access on or azound major holidays, as agreed upon from time to time by the parties, subject to reasonable notification to Mother as to the times when said periods aze desired. Provided, however, that unless agreed to by the parties hereto in writing, no periods of partial or temporary custody shall include overnight visitation. 4. Mother and Father agree that the exchange of the children in all cases shall occur at the home of Mother with Father responsible for transporting himself and the children to the place for the exchange of physical custody. 5.. Mother and Father agree that they will work to the best interest of the children. 6. Mother and Father agree that they will each notify the other immediately incases of medical emergencies that occur while the child is in the custody of her or him. 7. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing executed with the same formality as this Agreement. 8. Neither parent shall do anything which may estrange the child from the other parent or injure the opinion of the child as to the other parent, or which may hamper the free and natural development of the child's love or affection for the other pazent. "EXHIBIT A" 9. Mother and Father each agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dcaling on the pan of the othu. 10. It is understood by Mother and Father that this Agroement shall be submitted for l~corporation Into an Order of Court and may be modified by the Coun of Common Pleas of Cumberland County or any other Court having proper jurisdiction based on the laws in effect In the jurisdiction. INTENDING to be legally bound, witness our hand and seal the day and year first above written, -111. a~nn~ ~P 7~loD~sEAL) eana L. Miller David .Neff (SEAL) h ~ ~ ~~ l ~ 'Y~ V~ ~' I~~ ` M •~ ;: ~ ~~ ~ ~, ~f~e~ o > >sss :JJ JUN,hq 19987 9 DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C[VIL ACTION -LAW JODEANA MILLER, N0.99-1887 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this ~ ~ day of June, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Jodeana Miller, shall enjoy legal and physical custody of Jordan L. Miller, bom April 1,1997. 2. The Father shall enjoy periods of temporary custody of the minor child as follows: A. On every other Sunday from 1:00 p.m. until 6:00 p.m. For the first 2 Sundays, Father's visitation shall be in the presence of the Mother and shall take place at the Boiling Springs Lake or at such other location as agreed upon by the parties. The alternating Sundays shall commence the first Sunday in June. 3. It is contemplated that the Father's periods of temporary custody shall be expanded to, at some point, include overnights. This will be done after the Father has had an opportunity to get reacquainted with the minor child and assuming that there aze no problems exhibited by the minor child in connection with the child seeing his Father. 4. The parties shall meet again for a Custody Conciliation Conference on August 20, 1999 at 8:30 a.m. 5. The Father shall not expose the child to tobacco smoke in the home or automobile fumes from a wood burning stove, kerosene heater or candles. Additionally, Father shall take an asthma treatment class to teach the Father how to deal with the minor child's asthma situation. 6. Neither party shall abuse alcohol when they have custody of the minor children. Father shall handle all transportation for exchange of custody/ BY THE COURT; cc: Michael Sheazer, Esq` ~K~ m~;~ti ~~~ ~9 4 Joan Carey, Esq. ~• iQ. 99 JJ`J I U ?ri 3.53 DAVID A. NEFF, Plaintiff v JODEANA MILLER, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.99-1887 CIVIL 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: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jordan L. Miller, bom April 1, 1997. 2. A Conciliation Conference was held on May 28, 1999, with the following individuals in attendance: The Father, David A. Neff, with his counsel, Michael Shearer, Esquire; and the Mother, Jodeana Miller, with her counsel, Joan Cazey, Esquire. 3. The parties agree to the entry of an order in the form as attached. 8 4 ,~- 0 D E Hubert X. Gilroy squire Custody Conciliator u ~; ~~ MAY 0 8 pOppb~ DAVID A. NEFF, Plaintiff v JODEANA MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.99-1887 CIVIL IN CUSTODY w~ AND NOW, this day of May, 2000, the Conciliator being advised that the parties have reached an agreecnent,the Conciliator relinquishesjurisdiction. BY THE COURT, H bent X. Gilroy, Esquire Custody Conciliator y .. r. u ~ .: '!r 1 ~ J C ~ : r.. F" t~ f:UL -, CU o O U r " DAVID A. NEFF IN'I'Illi C'Ol1R'I'OP COMMON PLEAS OF PLAINTIFF t'I1MIiliR1.AND000N"1'Y,PENNSYLVANIA V. JODEANA MILLER DEFENDANT 99-1897 CIVIL AC'f10N LAW . IN CUSTODY AND NOW, _ Wednesday, July 25 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse Carltsle on Thursday, AuQUSt 30, 2001 _ at 9:30 A.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. 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 TILE COURT, By: _/s/ Flrrl~rrt x !;i ro~,~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 WHEkE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Libe~Yy Avcnuc Carlisle, Pennsylvania 17013 7'clephonc (717) 249-3166 7~ ~.o~ 7 ~~>. o. `~~~~oi DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0. 99-1887 CIVIL ACTION JODEANA MILLER, CIVIL ACTION•LAW Defendant IN CUSTODY ORDER OF COURT AND NOW THIS day of .2001, upon consideration of the attached Petition To Modify Custody, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at Pennsylvania, on the day of , 2001 at _ A.M./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. 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 BY THE COURT, BY Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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, PA 17013 (717) 249-3166 DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 99-1887 CIVIL ACTION JODEANA MILLER, CIVIL ACTION-LAW Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the Plaintiff, David A. Neff, by and through his attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. The Petitioner is David A. Neff (hereinafter referred to as "Father"), who resides at 520 Chestnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. The Respondent is Jodeana Miller (hereinafter referred to as "Mother"), who resides at 501 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of one minor child, Jordan Miller (hereinafter referred to as "child"), born April 1, 1997. 4. The parties are subject to a June 10, 1999 Order of Court which is attached hereto as "Exhibit A." 5. Paragraph 3 of the June 10, 1999 Order of Court indicates that Father's periods of temporary custody shall be expanded from the Sunday visits which were initially set in this matter, but such expansion has not occurred. 6. The best interests and permanent welfare of the child would be served by expanding Father's periods of temporary custody WHEREFORE, Father respectfully requests that this Honorable Court enter an Order granting him expanded temporary custody, including: A. Alternating weekends; B. Vacation time in the summer months; and, C. During holidays and school vacations. Respectfully submitted, O'BRIEN, BARK & SCHERER %~~ 1~G~G%~~y~if ~^ 7 ~3 ~' Michael A. Scherer, Esquire DATE: I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.d I r/domestic/custod yl neH.pet VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody 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 David A: Neff DATED: ~7 I q 6I i s ~sss~ DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v CNiL ACTION -LAW JODEANA MILLER, N0.99-1887 CNIL Defendant iN CUSTODY COURT ORDER AND NOW, this ~ day of June, 1999, upon consideration of the attached Custody Conciliation Repoli, it is ordered and directed as follows: 1. The Mother, Jodeana Miller, shall enjoy legal and physical custody of Jordan L. Miller, born April 1,1997. 2. The Father shall enjoy periods of temporary custody of the minor child as follows: A. On every other Sunday from 1:00 p.m. unti16:00 p.m. For the first 2 Sundays, Father's visitation shall be in the presence of the Mother and shall take place at the Boiling Springs Lake or at such other location as agreed upon by the parties. The alternating Sundays shall commence the first Sunday in June. 3. It is contemplated that the Father's periods of temporary custody shall be expanded to, at some point, include overnights. This will be done after the Father has had an opportunity to get reacquainted with the minor, child and assuming that there are no problems exhibited by the minor child in connection with the child seeing his Father. 4. The parties shall meet again for a Custody Conciliation Conference on August 20, 1999 at 8:30 a.m. 5. The Father shall not expose the child to tobacco smoke in the home or automobile fumes from a wood burning stove, kerosene heater or candles. Additionally, Father shall take an asthma treatment class to teach the Father how to deal with the minor child's asthma situation. 6. Neither party shall abuse alcohol when they have custody of the minor children. Father shall handle all transportation for exchange of custody. BY TH~EtCOURT, . ce: MichaelSheazer,Esq. ?RU;: C!??Y FROM kECOF..D Joan Cazey, Esq. in 7.:u m:,r~ ~~ h:r_of, I here unto sit my hand a~;d t;ia s:al of said Court at C rlish,'pa, Thi> _/0.'~'... day of .....:..:..........., 19.9.Q.. ............ ......... "EXHIBIT A.. ~ Prothonotary DAVID A. NEFF, W THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~ CIVIL ACT10N -LAW JODEANA MILLER, N0.99-1887 CNIL Defendant IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT [N ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19! 5.3-8(b), the undersigned Custody Conciliator submits the following report; t. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jordan L. Miller, bom April 1, 1997. 2. A Conciliation Conference was held on May 28, 1999, with the following individuals in attendance; The Father, David A. Neff, with his counsel, Michael Shearer, Esquire; and the Mother, Jodeana Miller, with her counsel, Joan Carey, Esquire. 3. The parties agree to the entry of an order in the form as attached. -- ~4Q'E D Hubert X. Gihroy squire Custody Concil ator CERTIFICATE OF SERVICE I hereby certify that on July, 2001, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition To Modify Custody by first class U.S. mail, postage prepaid, to the party listed below, as follows: Joan Carey, Esquire Mid Penn Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 ~ ~ U n f r . Lmdsa el ~~ 1 !~ \f '~I ~~ ~ v/ ~ ~ ~ 1 \ C ~~ its ~~ ~ `~L ~~ l.- DAVID A. NI:FF, 1'laintil3' JODIiANA MILLHR. Defendant IN'I'IiF. C'Ol1R'I' OF COMMON PLIiAS OF C11M131iRLANU C'OUN'fY, PIiNNSI'LVANIA N0.99 - IR87 C'IVII. IN C'US'TODY COl1R"I' ORDER AND NOW, this ~ day of, (•2001, upcm considcmtion of the attached Custody Conciliation Report, it is ordered and directed as follows: 'T'his Court's prior Order shall remain in etiect subject to the following modifications: A. Father's periods of Icmportry custody with the minor child shall be every other weekend from Saturday at 9:00 a.m. until Sunday at 4:00 p.m. 'T'his shall be a temporary order. and it is anticipated that Pathcr's periods of time with the minor child shall he expanded to two overnights every other weekend assuming eveMhing goes well with this schedule. 2. The parties shall meet with the custody conciliator on Friday, October 12, ?001 at 9:30 a.m. 3. In the event the parties arc able to reach an agreement prior to the next scheduled custody conciliation conference. the parties may notify their attomcys and the attomcys invoh~ed in this case may contact the conciliator to cancel this conciliation conference. ;, [3Y THB COURT'./; -_._ { / / Edgar I3. [3ayley /// ___ r cc: David Lopez. Esquire Michael Scherer. Esquire ~ti i)'Y~~ 9-ot vi t ~' ~. ': ,~, ~` ', . , . . . ;; ; ~. ,; . ~~ ., DAVID A. NI:FP, 1'laintift' v JODGANA MILLER. Ucl'cndant Prior Judge: [:dgar B. Bayley IN THf: COl1R'f OP COMMON PLEAS OP CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL AC'T'ION -LAW N0. 99- 1887 CIVIL. IN CUSTODY CONC'ILIAT'ION CONPf:R1:NCG SUMMARY RPPOR'I' IN ACCORDANCE WI'I'll THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE. 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 'fhe pertinent information pertaining to the child who is the subject of this litigation is as follows: Jordan L. Miller, bom April 1, 1997. 2. A Conciliation Conference was held nn August 30, 2001, with the following individuals in attendance: 7'he Father, David A. Neff, with his counsel. Michael Scherer, Esquire; and the Mother, Jodeana Miller, with her counsel. David Lopez, Esquire. 3. Based upon the recommendation of the conciliator, the parties indicated a willingness to try a temporary order in the form as attached. ~~3a D f DATE Hubert X. Custody C DAVID A. NEPF, IN THE COURT OP COMMON PLIiAS OI' PlaintilT CUM[iliRl-AND COUNTY, I'I:NNSYI.VANIA ~' CIVII. ACTION -LAN' JODEANA MILLER, No. 9n- 1887 CIVII. Defendant IN CUSTODI' CUUR'I' ORDRR AND NOW, this 2~Z-day of October, 2001, ulxm considcnnion of the Hunched ('uxtudy Conciliation Report, it is ordered and directed as ti~llows: 1. This Court's prior Order shall remain in ctiect subject to the fiillowing modifications: A. Father's periods of temporary custody shall be on Hltcrn;uing weekends from Saturday at 9:00 a.m. until Monday at 9:(l0;t•m. B. Father shall also enjoy two weeks of summer vacnliun with tho minor child, these wecksto be non-consecutive. C. The parties shall share custody on major hulid;q~s pursuant to a schedule worked out between the parties. 2. In the event either party desires to modify this custody order al any time, shat parry may petition the court to have the case again scheduled lilt a conference with the conciliator. 13Y •rlir•. Edgar I3. Bayley cc: Michael Scherer. E:syuire - David Lopez. Esquire ~~] '7" ` O V~ ~~ ~~ Y`. ~. ~~~ ~! ~ 1 d ! -~ , _ r i ~' `'i) is ` F. ; tI CY Ci U ~,: cJ QY .~~! '-x DAVID A. NEFF, Plaintiff v JODEANA MILLER, Defendant Prior Judge: Edgar R. Raylcy IN 1711: ('Ol IR l' l )F ('OA1AIt )N I'LIiAti OP ('IIMI)IiRLANI)('t)11NfY,1'I'NNtiYLVANIA Nu. vv Ixx7rlVll. IN C'l lti fODY CONCILIA'I'ION ('ONFliltl?~1~;_ti11~~~7tjjtYlihPSJt~l~ IN ACCORDANCE WI'1'FI 'I'llli Cl1MliliRLANI) ('Ol1Nl'Y ('IVII, Itlll.l? UP PROCI:DURIi 1915.3-5(b), the undersigned Cusuxly Conciliator submits the liillowing rrparl: 1. The Pertinent information Pertaining to the child who is the subject ul' Ibis litigation is us follows: Jordan L. Miller, lx~rn APril I. 19')7. 2. A Conciliation Conference was held on Octuhcr 12, 2001, with the tiillowing individuals in attendance: The Father. David A. Nell; with his counuL Mich;icl ticherer. Isyuire: and the Mother. Jodeana Miller, with her counul. Uuvid LuPez, lisyuire. 3. The parties agree to the entry ol'an order in the liimi as attached. is ~~ G DATE I luhcrt X. (Jilt ~, lisyuirc C'uskidy C'oi tliutor CORRECTION Previous Image Refilmed to Correct L~ossible Error • DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 99- /~ ~% ' 7 CIVIL TERM JODEANA MILLER, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AND NOW THIS=l day of Mc~_, 1999, upon consideration of the attached Petition To Modify Custody, it is hereby directed that the parties and their respective counsel appear before _I~~hc~~ X, C~~1ro~l ,Esquire, the conciliator, at~1h~514 ~n r ~ ~ •~ on the ,~ day of Mail , 199 at ~ /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. 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 BY THE COURT, BY P411~1Y'a~c~. ~1Q~llt'1..~~ Custody Conciliator U ~ v (-~> YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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, PA 17013 (717)249-3166 ~.. 1. •.~~~~_. ~1- 7. ~ a'! i~r -~'• • ' ~o'v~Y 9 ~_~ „ .,: ,~4 CU~s~,-: -., 'r', \ ~~j'\CJ ~~~~~A~l~~ ~Y7~~ y9.99 l~v~ ~j~,.H~ ~ ~%~ v~~i.~j 9.99 J`'~~u ~~~ ~ DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v' N0•99- /rS7 CIVIL TERM JODEANA MILLER, CIVIL ACTION-LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, David A. Neff, by and through attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The Petitioner is the Plaintiff, David A. Neff, (hereinafter referred to as "father"), who resides at 520 Chestnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. The Respondent is the Defendant, Jodeana Miller, (hereinafter referred to as "mother"), who resides at 501 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 3. Father seeks custody of the following child: Name Present residence Jordan Miller 501 Burgners Road, Carlisle 2 years The child was born out of wedlock. The child is presently in the custody of mother. During the past two years, the child has resided with the following persons at the following addresses: Persons Residences Dates Jodeana Miller 501 Burgners Road, Carlisle since birth The natural mother of the child is Jodeana Miller. ~~ ~I She is not married. The natural father of the child is David Neff. He is not married. ~ 4. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Names Relationshio Reba Carney girlfriend 5. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Relationshio John Bare boyfriend Jordan Miller son Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 6. 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. AU other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. A Custody Agreement was signed by the parties dated October 24, 1997, which provided Father with reasonable periods of visitation and partial custody of the minor child when agreed upon by the parties. A copy of the October 24, 1997 Custody Agreement is attached hereto as "Exhibit A." The Custody Agreement was not, to father's knowledge, entered as an Order of Court. 8. Father now desires that he be awarded additional periods of custody with the child as follows: a. Every other Sunday from 1:00 p.m. until 5:00 p.m. b. One weekend in June, one weekend in July and one weekend in August. c. Christmas day from 1:00 p.m. until 5:00 p.m. (hereinafter referred to as "child"), born April 1, 1997. WHEREFORE, Father respectfully requests that this Honorable Court revise the October 24, 1997 Custody Agreement to provide him with additional custody of the child. Respectfully submitted, O'BRIEN, BARK & SCHERER Dater 3~H Michael A. Scherer I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ma s.dir/domestic/custody/bretz. pet VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody 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. ,~ Davi A. Neff DATED: ~ • ~„ ENTERED INTO this 2 Y day of D aav 6 oT , 199 7 ~. BETWEEN, Davtd A. Neff, of 519 Chestnut Street, Mount Holly Springs, Pennsylvania, hereinafter referred to as "Father", AND Jodeana Miller, of 607 Pine Road, Carlisle, Pennsylvania 17013, hereinafter referrcd to as "Mother", WHEREAS, Father and Mother are the pazents of ]ordan Miller born April 1, 1997, minors hereinafter referted to as "the child"; WHEREAS, Father and Mother are no longer living together; WHEREAS, Father and Mother acknowledge that the child is now living with Mother and has lived with Mothersince birth; WHEREAS, Father and Mother believe that it is in the best interests of the child at the present 8me that he live with Mother; WHEREAS, Father and Mother believe that it is in the best interests of their child to reach an agreement as to the relative times for their periods of custody, partial custody, and visitation with their child; WHEREAS, Father and Mother desire to have said agreement entered as an Order of Court having jurisdiction over NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: Mother and Father shall have joint legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have reasonable periods of partial or temporary custody with the child, including reasonable access on or azound major holidays, as agreed upon from time to time by the parties, subject to reasonable notification to Mother as to the times when said periods aze desired. Provided, however, that unless agreed to by the parties hereto in writing, no periods of partial or temporary custody shall include overnight visitation. 4. Mother and Father agree that the exchange of the children in all cases shall occur at the home of Mother with Father responsible for transporting himself and the children to the place for the exchange of physical custody. 5.• Mother and Father agree that they will work to the best interest of the children. 6. Mother and Father agree that they will each notify the other immediately incases of medical emergencies that occur while the child is in the custody of her or lum. 7. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing executed with the same formality as this Agreement. 8. Neither pazent shall do anything which may estrange the child from the other pazent or injure the opinion of the child as to the other parent, or which may hamper the free and natural development of the child's love or affection for the other pazent. "EXHIBIT A" 9. Mother and Father each agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or gther unfair dealing on the part of the other, 10. It is understood by Mother and Father that Uils Agreement shall be submitted for ~~corrppooradon into an Order of Court and may be modified by the Court of Common Pleas of Cumberland County or any other Court having proper jurisdiction based on the laws in effect ht rho jurisdiction. INTENDING to be legally bound, witness our hand and seal the day and year first above written. ~~~. ~, leana L. Miller ~ ,Fe(SEAL) r~ (SEAL) David .Neff v `''+ ~ . ~ , ~~ I ~ J -) `\. ^~ lV V~ f '~r (~ M .~ ~~ '~'9 ~, DAVID A. NEPF, IN TI1E COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JODGANA MILLER, N0.99.1887 CIVIL Defendant fN CUSTODY COURT ORDER AND NOW, this ~ ~ day of June, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Jodeana Miller, shall enjoy legal and physical custody of Jordan L. Miller, born April 1, 1997. 2. The Father shall enjoy periods of temporary custody of the minor child as follows: A. On every other Sunday from 1:00 p.m. until 6:00 p.m. For the first 2 Sundays, Father's visitation shall be in the presence of the Mother and shall take place at the Boiling Springs Lake or at such other location as agreed upon by the parties. The alternating Sundays shall commence the first Sunday in June. 3. It is contemplated that the Father's periods of temporary custody shall be expanded to, at some point, include overnights. This will be done aRer the Father has had an opportunity to get reacquainted with the minor child and assuming that there are no problems exhibited by the minor child in connection with the child seeing his Father. 4. The parties shall meet again for a Custody Conciliation Conference on August 20, 1999 at 8:30 a.m. 5. The Father shall not expose the child to tobacco smoke in the home or automobile fumes from a wood burning stove, kerosene heater or candles. Additionally, Father shall take an asthma treatment class to teach the Father how to deal with the minor child's asthma situation. 6. Neither party shall abuse alcohol when they have custody of the minor children. Father shall handle all transportation for exchange of custody BY THE cc: Michael Sheazer, Esq` ~~ rn~a..Od, ~~~ ~9 4 Joan Carey, Esq. ~• iP. 99 JU`1 I 0 P.. 3~ 53 f'EN\Sl'U~k`i:~~ DAVID A. NEPF, Plaintiff v JODEANA MILLER, Dcfcndant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.99-1887 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIV[L 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: Jordan L. Miller, bom April 1, 1997. 2• A Conciliation Conference was held on May 28, 1999, with the following individuals in attendance: The Father, David A. Neff; with his counsel, Michael Shearer, Esquire; and the Mother, Jodeana Miller, with her counsel, Joan Carey, Esquire. 3. The parties agree to the entry of an order in the form as attached. D E~ ~ '~ Hubert X. Gilroy squire Custody Conciliator u ~; ~~ MaYOS DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW JODEANA MILLER, N0.99-1887 CIVIL Defendant IN CUSTODY COURT ORDER {~ r y AND NOW, thisO day of May, 2000, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, bert X. Gilroy, Esquire Custody Conciliator ~ ^ ~-. ~: i-- U.7S:.' C^. 6 cC... -- ltlii. J ~1~`I ~ f ~- o O .. o F I~h ~~~` ;r'~ . "~cn :~/ CU ~(? v DAVID A. NEFF IN'f111s COI1R'I' OF COMMUN PLEAS OF PLAINTIFF : ('IIMHERLANDCOl1N'I'Y,PIiNNSYLVANIA V. lODEANA MILLER • DEFENDANT 99-1887 CIVILAC"f10NLAW • IN CUSTODY OHDF.R FCOtr12T AND NOW, _ Wednesday, Juiy 25 2001 ,upon consideration of the attached Comp]aint, it is hereby directed that parties and their respective counsel appear bel'orc Hubert X. Cltroy, Esq. ,the conciliator, at_ 4th Fioor, Cumberland County Courthouse Carlisle on Thursday, AuQUSt 30, 2001 at 9:30 A.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. All children age five or older may also be present at the con terence. 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/ Ht[{lert X_ (lilrn~ ~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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 7a~.o~ ~ ~~ ~~ ~ ~~/~ 7 ~>•o~ 7,Z~~ l~r~ T ~ DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v' NO. 99-1887 CIVIL ACTION JODEANA MILLER, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AND NOW THIS day of 2001, upon consideration of the attached Petition To Modify Custody, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at Pennsylvania, on the day 2001 at _ A.M./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. 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 BY THE COURT, BY Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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, PA 17013 (717) 249-3166 DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v N0. 99-1887 CIVIL ACTION JODEANA MILLER, CIVIL ACTION-LAW Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the Plaintiff, David A. Neff, by and through his attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. The Petitioner is David A. Neff (hereinafter referred to as "Father"), who resides at 520 Chestnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. The Respondent is Jodeana Miller (hereinafter referred to as "Mother"), who resides at 501 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of one minor child, Jordan Miller (hereinafter referred to as "child"), born April 1, 1997. 4. The parties are subject to a June 10, 1999 Order of Court which is attached hereto as "Exhibit A." 5. Paragraph 3 of the June 10, 1999 Order of Court indicates that Father's periods of temporary custody shall be expanded from the Sunday visits which were initially set in this matter, but such expansion has not occurred. 6. The best interests and permanent welfare of the child would be served by expanding Father's periods of temporary custody WHEREFORE, Father respectfully requests that th(s Honorable Court enter an Order granting him expanded temporary custody, including: A. Alternating weekends; B. Vacation time in the summer months; and, C. During holidays and school vacations. Respectfully submitted, O'BRIEN, BARK & SCHERER DATE: 7• /3 O J maa.d Ir/domestic/custody/n eff.pet Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody 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 David A."Neff DATED: D7 j9 6! 16 DAV[D A. NEFF, [N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v : CNlL ACTION -LAW JODEANA MILLER, N0.99.1887 CML Defendant IN CUSTODY COUR-- T~~ AND NOW, this /0 day of Jwe, 1999, upon consideration of the attached Custody Conciliation Report, it is orderod and directed as follows: l• The Mother, Jodeana Miller, shalt enjoy legal and physical custody of Jordan L. Miller, bom April 1,1997. 2• The Father shal l enjoy periods of temporary custody of the minor child as follows: A. On every other Swday from 1;00 p.m. wtil 6:00 p.m. For the first 2 Swdays, Father's visitation shall be in the presence of the Mother and shall take place at the Boiling Springs Lake or at such other location as agreed upon by the parties. The alternating Sundays shall commence the first Sunday in lone. 3 to, at some Plated that the Father's periods of temponuy custody shall be expanded point, include overnights. 'This will be done after the Father has had an oPPortunit3' to get reacquainted with the minor child and assuming that there are no problems exhibited by the minor child in connection with the child seeing his Father. 4• The Parties shall meet again for a Custody Conciliation Conference on August 20, 1999 at 8:30 a.m. 5• The Father shall not expose the child to tobacco smoke in the home or automobile fimtes from a wood burning stove, kerosene heater or candles. Additionally, Father shall take an asthma treatment class to teach the Father how to deal with the minor child's asthma situation. 6• Neither party shall abuse alcohol when they have custody of the minor children. 7• Father shall handle all transportation for exchange of custody. BY THE COURT, Michael Shearer, Esq. TRiI". ~--J' Joan Care In T,;;Fri;,n+ Cn'~~FROMIRECOr y' ~' /' h_reof, I here unto s~ .D a"d tha s:al of said Court at C Aisle, Pa y hand this _./0,'~'., da v of.....:. I9.9..P ~ ...... ..... . •'' "' .•• "EXHIBIT A" .. ' Prothonotary ce: DAVID A. NEFF, QJ THE COURT OF COMMON PLEAS OF. Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~ :CIVIL ACTION -LAW JODEANA MILLER, N0.99.1887 CIVIL Defendant IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SLtMMARY RFPnRT [N ACCORDANCE Wf['H THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE I915.3.8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jordan L. Miller, bom April 1, 1997. 2. A Conciliation Conference was held on May 28, 1999, with the following individuaLa in attendance: The Father, David A. Neff, with his counsel, Michael Shearer, Esquire; and the Mother, lodeana Miller, with her counsel, Joan Carey, Esquire. 3. The parties agree to the entry of an order in the form as attached. D Hubert X. Gilroy squire Custody Concil ator CERTIFICATE OF SERVICE I hereby certify that on July ~, 2001, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition To Modify Custody by first class U.S. mail, postage prepaid, to the party listed below, as follows: Joan Carey, Esquire Mid Penn Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 ~' M ~ ~ n if r S. Lindsa J U~ !~ i ~~ 3 i:, J -- J ~ V ~0 Ly a~G J 7 ~~;u;~ DAVID A. NEI~P, IN'I'lili COURT OP COMMON PLC:AS OF 1'laintifl' C'IJMB[sR1.AND CO[JNTY, PENNSYLVANIA v : C'IVILAC"PION-LAW JODEANA MILI.fiR• : NQ 99- 1887 C1VIL Defendant IN CUSTODY COURT ORDIi~t AND NOW, this ~ day off 1-2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows; This Court's prior Order shall remain in effect subject to the following modifications: A. f'ather's periods of tcntporary custody with the mirror child shall be every other weekend from Saturday at 9:00 a.m. until Sunday at 4:00 p.m. This shall he a temporary order, and it is anticipated that Father's periods ol'time with the minor child shall be expanded to two overnights every other weekend assuming everything goes well with this schedule. 2. The parties shall meet with the custody conciliator on Friday, October 12, 2001 at 9:30 a.m. 3. In the event the parties arc able to reach an agreement prior to the next scheduled custody conciliation conference. the parties may notify their attorneys and the attorneys involved in this case tnay contact the conciliator to cancel this conciliation conference. BY TI-IE COURT, ~~ ~_ J~ Edgar B. Bayley , cc: David Lopez. Esquire ~~~ Michael Scherer. fi'squire ~-i /Yv~e.~.Ccd 9-os =~/ ~ .~~ ,, ~: =~ ~, ::~ -. ~.. ~: :; :~ DAVID n. Nr:Fr•, I'laintil)' v JOUEANA MILLER, Ucl'cndant Prior Judge: Edgar B. Bayley IN 1'I IG COUR"I' Oh COMMON PLEAS OF CUMBERLAND CUUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.99- 1887CIVl[. IN Cl1S'1'ODY CONCILIATION CONFI"sRENCG Sl1MMARY REPORT IN ACCORDANCE WI"I'II TIIE CUMB[i1tLANU COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(h), the undersigned Custody Conciliator submits the following report: 1. 'fhe pertinent information pertaining to the child who is the subject ot'this litigation is as follows: Jordan L. Miller, bom April 1, 1997. 2.. A Conciliation Conference was held on August 30, 2001, with the following individuals in attendance: The Father, David A. Neff, with his counsel, Michael Scherer, Esquire; and the Mother, Jodeana Miller, with her counsel, David Lopez, Esquire. 3. Based upon the recommendation of the conciliator, the parties indicated a willingness to try a temporary order in the form as attached. ~~3a D ! DATE Hubert X. Custody C ~n:l ! It ~OU1y ~ i~:- J ,. DAVID A. Nlil'P, IN'1'FIF. C'OUR'1' OP COMMON PLIiAS OP Plaintil)' CUMI3GRLAND C'OIJN'I'Y. PI?NNSYLVANIA v CIVII. A("fION -LAW JODEANA MILLER, N0.99 -1887 CIVIL Defendant IN CUS'I'OUY COURT' ORDER j r AND NOW, this ~ day of October, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ~, , 1. "Phis Court's prior Order shall remain in effect subject to the following modifications: ~ A. l'ather's periods of temporary custody shall be on ahcmaling weekends from Saturday at 9:00 a.m. until Monday at 9:00 a.m. t,' 8. Father shall also enjoy two weeks of summer vacation with the minor child, these weeks u, be non-consecutive. C. The parties shall share custody on major holidays pursuant to a schedule f, worked out between the parties. ~ 2. In the event either party desires to modify this custody order at any time, that party s' may petition the court to have the case again scheduled for a conference with the conciliator. __. ~ ~; f3ti'=fHG F•.dgar6. Baylej+ cc: Michael Scherer, Esquire ~~ io , »_o~ David Lopez. Esquire '~'" n `7'"" ` ~ i4 6• ~~ ^- ~~. ~ ~1~, 1,(~~rf r ' ~r ,t t/ ~ f1~ ~, v J ,~. v :~ :; c. ~.: :_ ...x. DAVID A. NEFF, Plaintiff' v JODEANA MILLER, Defendant Prior Judgo; Edgar E3. [3aylcy IN 'I'I Ili C'UUR'I' OP COMMON PLEAS OP C11M13IiR1.ANb COUNTY, PENNSYLVANIA CIVII. ACTION - I.AW NU. 99 - 1887 CIVII. IN CUSTODY CONC'ILIAT'ION CONFERENCE SUMMARY RIiPOR'I' IN ACCORDANCE WI'I'FI TFlli CUMBERLAND COUNTY CIVII. RUl.li OF PROCC:DURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child wlw is the subject of this litigation is us follows: Jordan L. Miller, bom April I, 1997. 2. A Conciliation Conference was held on October 12, 2001, with the following individuals in attendance: The Father, David A. Neti; with his counsel. Michael Scherer, Esquire: and the Mother, Jodeana Miller, with her counsel, David Lopez, Esquire. 3. The parties agree to the entry of'an order in the form as attached. /0 l'I Q DATE Flubert X. Gilr ,Esquire Custody Co iliator ~I~ r DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 1999-1887 CIVIL ACTION JODEANA MILLER, CIVIL ACTION -LAW Defendant IN CUSTODY PETITION FOR CONTEMPT AND TO MODIFY CUSTODY 1. The Petitioner is David A. Neff, (hereinafter referred to as "Father"), who is an adult individual residing at 68 Tiptop Circle, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Respondent is Jodeana Miller, (hereinafter referred to as "Mother"), who is an adult individual residing at R.R. 1, Box 480, McAlisterville, Juniata County, Pennsylvania 17049. 3. The parties are the natural parents of Jordan L. Miller, born April 1, 1997, (hereinafter referred to as "Child"). 4. The parties are governed by an Order of Court dated October 22, 2001, attached hereto as "Exhibit A", relative to the custody of the child. 5. The October 22, 2001 Order provides for Father to have periods of temporary custody on alternating weekends from Saturday at 9:00 a.m. until Monday at 9:00 a.m. 6. Mother moved to Juniata County in August, 2006, without consultation with Father but despite her move Mother works Saturdays and Sundays in Mechanicsburg. 7. Child is often taken to his Grandmother's home in Mount Holly while Mother is at work. 8. Father has concerns about the Child being left alone at home while Mother is working. 9. Father feels it would be in the best interest of the Child if Father could care for Child while Mother is working. 10. During the summer months, Child could spend alternating weekends with Father from Thursday to Sunday wherein Father would pick up Child from Mother's home on Thursday and Mother could pickup Child at Father's home on Sunday after she has finished working. 11. When school resumes, Father proposes that he could pick up Child at the conclusion of school on Friday and Mother could continue to pickup Child after she is finished working on Sunday. 12. Father feels this custody arrangement would also be best for holidays and school breaks. WHEREFORE, Father requests that this Honorable Court declare that Mother is in contempt of the present Order because she moved without notice to Father and refuses to deliver custody of the chid to Father on a regular basis, and to modify the Order if circumstances warrant as set forth above. Date: ~' ~' 0 7 Respectfully submitted, O'BRIEN, BARK & SCHERER ~~~~ Michael A. Scherer, Esquire 1.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.d it/domestic/neff/modify.pet VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody 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: -'G~ David A. eff ! ~ DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1999-1887 CIVIL ACTION JODEANA MILLER, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on the ~~` day of ~ , 2007, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Petition to Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jodeana Miller R.R. 1, Box 480 McAlisterville, Pennsylvania 17049 ndrea M. Barri ,Secretary t~ ,~ t, ~ ,~_, ~~ Q D -.. c ~ -- ~'- ~` _==~ ~ t ~~ Q r ~" ~~ ~~, _~.,, ~ ~ ~ -;-t rrt ~ ; ~--; ^.~ C':i ~~ `~I -- ..,~ DAVID A. NEFF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 1999-1887 CIVIL ACTION LAW JODEANA MILLER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 21, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 27, 2007 at 9:30 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 ale 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 Custudy orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. ~ _ Custody Conciliator The Court of Common Pieas 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 availabie 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 YUU CAN UET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~ c~ ~~°I~ ~o ~~ ~~~ 2 iG ~ ~ lam, ,~'~ .~`"~ ~ °.l~•~ 4i~,~', ~ ~~~ ~~' f ~ ' r'~ C ~f w DAVID A. NEFF, v. JODEANA MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA No. 1999 -1887 CIVIL TERM CIVIL ACTION -LAW Defendant, IN CUSTODY PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Jodeana Miller, in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT I Doug'l'as G/Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: September 27, 2007 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by hand delivery on the date set forth below: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (Attorney for Plaintiff) Date: September 27, 2007 IRWIN & McKNIGHT Douglas Miller, Esq ire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant 2 -n C'? y :: ---' :,~ -<? c> .. r, _ ~.~ -: _:, .. ,.. _~ .. : ~ , .~-~- ~ ~~ -~ ~~ _ ~ ~ . .-~ +" DAVID A. NEFF, v. JODEANA MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA No. 1999 -1887 CIVIL TERM CIVIL ACTION -LAW Defendant, IN CUSTODY ANSWER TO PLAINTIFF'S PETITION FOR CONTEMPT AND TO MODIFY CUSTODY AND NOW this 27TH day of September, 2007, comes the Defendant, Jodeana Miller, by and through her attorneys, Irwin & McKnight, and respectfully files this Answer to the Plaintiff's Petition for Contempt and to Modify Custody, and in support thereof aver as follows: 1. The averments of fact contained in paragraph one (1) of the Plaintiff s Motion are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are admitted. 4. The averments contained in paragraph four (4) are admitted in part and denied in part. It is admitted that the Order of October 22, 2001, is the most recent custody Order in this matter. The remaining averments in paragraph four (4), including any inference that the Court's prior Orders in this matter are not incorporated into that Order dated October 22, 2001, are specifically denied and strict proof thereof is demanded at trial. 5. The averments contained in paragraph five (5) are denied as stated. It is admitted that the Order dated October 22, 2001, provides for Father to have period of temporary custody on alternating weekends, and that Father has voluntarily not sought to utilize his periods of partial custody. The remaining averments in paragraph five (5), including any inference that Father is willing and capable of periods of temporary custody on alternating weekends is specifically denied and strict proof thereof is demanded at trial. 6. The averments contained in paragraph six (6) are admitted in part and denied in part. It is admitted that Mother moved to Juniata County in August 2006, and that the parties' minor child has been attending school there since that time. The remaining averments in paragraph six (6), including any inference that Mother did not consult with Father prior to the move to Juniata County, are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Mother did discuss her move with Father and he advised her that they would still be able to work out a custody schedule. 7. The averments contained in paragraph seven (7) are denied as stated. It is admitted that sometimes during the summer the minor child visits with maternal grandmother, and during those times Mother often stays at maternal grandmother's home and commutes to work. By way of further answer, during the school year the minor child resides with Mother in Juniata County and attends school full-time there. Any remaining averments in paragraph seven (7) are specifically denied and strict proof thereof is demanded at trial. 8. The averments contained in paragraph eight (8) are denied as stated. The minor child is not left at home alone while Mother is working. The remaining averments in paragraph eight (8) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, in actuality it is Mother who is concerned about the minor child staying with Father given his long history of treatment for mental illness and the number of medications prescribed to Father. 2 9. The averments contained in paragraph nine (9) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, in actuality it is Mother who is concerned about the minor child staying with Father given his long history of treatment for mental illness and the number of medications prescribed to Father. 10. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph ten (10), therefore they are specifically denied and strict proof thereof is demanded at trial. By way of further answer, while Mother would welcome a sharing of the burden of transportation, Mother has serious concerns about the minor child staying with Father given his long history of treatment for mental illness and the number of medications prescribed to Father. Furthermore, Mother does not work every weekend, but only those weekends for which there is mandatory overtime. 11. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eleven (11), therefore they are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Mother does not work every weekend, but only those weekends for which there is mandatory overtime. 12. The averments contained in paragraph twelve (12) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, in the past the parties have been able to agree to a division between them of custody during the holidays. 3 WHEREFORE, Defendant Jodeana Miller respectfully requests this Honorable Court to deny Plaintiff s Petition for Contempt and to Modify Custody. Respectfully Submitted, IRW1N & McKNIGHT By. Do glas .Miller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Dated: September 27, 2007 Jodeana Miller 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. J ANA L. MILLER Date: 9/26/07 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by hand delivery on the date set forth below: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (Attorney for Plaintiff) Date: September 27, 2007 IRWIN & McKNIGHT c ~ ~~ ~ ~ Douglas G. filler, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant ~~ -.~ ~.:~ - .___., c~ _~ . =~ 'T1 , 1 __ ~~ _.__ ._ .~ ~= ~~ c~:~ .. -~ ~'C~ 0 Y 2001~~ ~ ~- DAVID A. NEFF, Plaintiff v JODEANA MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 1999-1887 IN CUSTODY COURT ORDER AND NOW, this ~ ~ ~-'" day of 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed that all prior custody Orders entered in this case are vacated and replaced with the following Order: 1. 2. 3. 4. 5. The father, David A. Neff, and the mother, Jodeana Miller, shall enjoy shared legal custody of Jordan L. Miller, born April 1,1997. The mother shall enjoy primary physical custody of the minor child. The father shall enjoy temporary physical custody of the minor child as follows: a. On alternating weekends from Friday at approximately 7:30 p.m. until Sunday at approximately 7:30 p.m. b. On shared holidays pursuant to a schedule as agreed upon by the parties. c. At such other times as agreed upon by the parties. Father shall handle transportation for exchange of custody. However, in light of the fact that the mother works in the Mechanicsburg area on weekends and in the event that parties are able to work out an arrangement for the child to be taken to Cumberland County or taken back on Sunday in conjunction with the mother's work schedule, the father and the mother should work together to arrange such a transportation schedule. Father's periods of temporary custody shall not commence until father's counsel provides to mother's counsel a letter from father's treating physician which letter shall indicate that father has no disabilities that would prohibit him from supervising and taking care of the minor child including providing transportation for the minor child on exchange of custody. ~ ~ 6. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. cc: ou s G. Miller, Esquire chael A. Scherer, Esquire ~-- c~ C"J ~:. << '' L_ ,, ~ ' C_ -... 4 of t F--- ~ ,_ fL ~~ ^' t° Ci --~ ht ~..~ DAVID A. NEFF, Plaintiff v JODEANA MILLER Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.1999-1887 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: Jordan L. Miller, born Apri11,1997. 2. A Conciliation Conference was held on September 28, 2007, with the following individuals in attendance: The father, David A. Neff, with his counsel, Michael A. Scherer, Esquire, and the mother, Jodeana Miller, with her counsel, Douglas G. Miller, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: ~~~ ~ ~~~ ~" r Hubert X. ilroy, Esquire DAVID A. NEFF, Plaintiff V. JODEANA MILLER, Defendant IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSY__ = ZA '-?- NO. 1999-1887 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY `' PETITION TO MODIFY CUSTODY AND NOW, comes the Plaintiff, David A. Neff, by and through his attorneys, Baric Scherer, and respectfully represents as follows: 1. The Petitioner is David A. Neff (hereinafter "Father") an adult individual who is represented in this matter by Michael A. Scherer, Esquire. Father resides at 68 Top Circle, Carlisle, Pennsylvania, 17015. 2. The Respondent is Jodeana Miller (hereinafter "Mother) an adult individual who is represented in this matter by Douglas Miller, Esquire. Mother resides at RR 1 Box 480, McCall isterville, Pennsylvania, 17049. 3. The parties are the parents of one minor child: Jordan L. Miller, born April 1, 1997. 4. On October 1, 2007, a Custody Order was entered in this matter, which Order granted the mother primary physical custody of the child. A copy of this Order is attached hereto as Exhibit "A." 5. The parties circumstances have changed and it is in the Child's best interest for the Order to be modified to reflect that the parties have shared legal custody of the child with Father having primary physical custody and Mother having partial physical custody. WHEREFORE, Father respectfully requests that this Honorable Court modify the October 1, 2007 Order to grant the parties shared legal custody of the child with Father having primary physical custody and Mother having partial physical custody. Respectfully submitted, BARIC SCHERER t Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 CERTIFICATE OF SERVICE hereby certify that on Fe.lnuac? 161 2011, I, Lori Duncan, secretary at Baric Scherer, did serve a copy of the Petition To Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Douglas Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania 17013 1 - Lori Duncan VERIFICATION The statements in the foregoing Petition To Modify Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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 falsifications to authorities. Date: 70 A// David A. Neff .. OCT 0120071( / DAVID A. NEFF, Plaintiff v JODEANA MILLER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999-1887 IN CUSTODY COURT ORDER AND NOW, this S day of ocl4a?, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed that all prior custody Orders entered in this case are vacated and replaced with the following Order: 1. The father, David A. Neff, and the mother, Jodeana Miller, shall enjoy shared legal custody of Jordan L. Miller, born April 1, 1997. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy temporary physical custody of the minor child as follows: a. On alternating weekends from Friday at approximately 7:30 p.m. until Sunday at approximately 7:30 p.m. b. On shared holidays pursuant to a schedule as agreed upon by the parties. C. At such other times as agreed upon by the parties. 4. Father shall handle transportation for exchange of custody. However, in light of the fact that the mother works in the Mechanicsburg area on weekends and in the event that parties are able to work out an arrangement for the child to be taken to Cumberland County or taken back on Sunday in conjunction with the mother's work schedule, the father and the mother should work together to arrange such a transportation schedule. 5. Father's periods of temporary custody shall not commence until father's counsel provides to mother's counsel a letter from father's treating physician which letter shall indicate that father has no disabilities that would prohibit him from supervising and taking care of the minor child including providing transportation for the minor child on exchange of custody. .. Ile - 6. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. cc: j?c?hael G. Miller, Esquire A. Scherer, Esquire N LU rJ c=-j N DAVID A. NEFF, Plaintiff v JODEANA MILLER Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 1999-1887 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: Jordan L. Miller, born April 1, 1997. 2. A Conciliation Conference was held on September 28, 2007, with the following individuals in attendance: The father, David A. Neff, with his counsel, Michael A. Scherer, Esquire, and the mother, Jodeana Miller, with her counsel, Douglas G. Miller, Esquire. 3. The parties anree to the entry of an Order in the form as attached. Date: f-" -//r l9' Hubert X. ilroy, Esquire DAVID A. NEFF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1999-1887 CIVIL ACTION LAW `- b r7j JODEANA MILLER C3 IN CUSTODY ??a a r%y r , DEFENDANT r? s '• r7l ORDER OF COURT AND NOW, Tuesday, February 22, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 29, 2011 at 9:30 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. FOR THE COURT. By: _/s/ Hubert X. Gilroy, 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 1'Y ? DAVID A. NEFF, Plaintiff VS. JODEANA MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW c ? NO. 1999-1887 ?0 IN CUSTODY cn r ? COURT ORDER a= ? AND NOW, this day of , 2011, upon consideration of the attached Custody Conciliation Report, it is ordere and directed as follows: 1. A hearing is scheduled in Courtroom No. of the Cumberland County Courthouse on the day of , 2011, at in. At this hearing, the Father shall be the moving parry and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of October 1, 2007, shall remain in place. BY THE COURT, cc: Michael A. Scherer, Esquire ./ Douglas Miller, Esquire ?oa Mxk9d ,od i M ?r ---,z ? -rE I Z L DAVID A. NEFF, Plaintiff VS. JODEANA MILLER, Defendant NO. 1999-1887 IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Jordan L. Miller, born April 1, 1997 2. A Conciliation Conference was held on April 21, 2011, with the following individuals in attendance: the father, David A. Neff, with his counsel, Michael Scherer, Esquire, and the mother, Jodeana Miller, with her counsel, Douglas Miller, Esquire. 3. Father has filed a Petition seeking custody of the minor child. The child is 14 years old and in eighth grade. Father suggests that the child is indicating he wants to come to live with Father on a full-time basis. Mother suggests that the child's desires are not based upon appropriate reasons and Mother desires to retain primary custody. A hearing is required and the Conciliator recommends an Order in the form as attached. Date: April, 2011 6W ?_o - J_ Hubert X. Gilroy, Es ire Custody Conciliat DAVID A. NEFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA -- Ca f-, C _ .. C_- ?? 1 V. No. 1999 - 1887 CIVIL TERrO= --- ""' 171 ;-7) C = `" - 4 rY JODEANA MILLER, CIVIL ACTION - LAWxy ?-; Defendant, IN CUSTODY , -- , - r, v _ t 7 ^ly f A? EMERGENCY PETITION FOR CONTEMPT -< ' AND NOW, this 6"' day of July, 2011, comes the Defendant/ Petitioner. JODEANA MILLER, by and through her attorneys, Irwin & McKnight, P.C., and presents the following Petition for Contempt, averring as follows: 1. The Petitioner is Jodeana Miller, an adult individual currently residing at 31578 Route 35 North, McAllisterville, Pennsylvania 17049. 2. The Respondent is David A. Neff, an adult individual now residing in Carlisle. Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) minor child: Jordan L. Miller (Date of birth, April 1, 1997, currently age 14). 4. An Order of Court dated October 1, 2007, was entered in this matter establishing primary physical custody of the child with the Petitioner Mother and partial physical custody of the child with the Respondent Father on alternating weekends from Friday until Sunday. A, true and correct copy of said Order signed by the Honorable Edgar B. Bayley is attached hereto and incorporated herein by reference as Exhibit "A." go-%-? 6.C'?' ?d a ? lc- -14 `713 S (2 (k ?Xl Lt l 5. More recently, Father has petitioned this Court seeking primary physical custody of the parties' minor child. 6. Mother opposes the Father's request, and a hearing before the Honorable M. L. Ebert, Jr., is currently scheduled for August 10, 2011, on the Father's Petition. 7. Pursuant to the Order attached as Exhibit "A," Father was to have a regular period of custody on the weekend of June 10, 2011, through June 12, 2011. 8. This was Father's first weekend with custody of the parties' minor child following the end of the 2010-2011 school year, and the minor child requested that Mother permit him to spend additional time with his Father. 9. Mother agreed with the child's request, and Father's period of custody was extended by agreement of the parties until Monday, June 20, 2011. 10. Father's next regular alternating weekend of custody was then to begin on Friday, June 24, 2011, and end on Sunday, June 26, 2011. 11. However, Father did not return custody of the minor child to the Mother as required on Sunday, June 26, 2011. 12. Father also did not contact Mother to request any additional time with the child, did not have the minor child contact Mother directly, and did not respond to multiple attempts by Mother to contact either Father or the minor child. 13. On Friday, July 1, 2011, the undersigned legal counsel contacted Father's legal counsel to request that the minor child be returned immediately to Mother's custody. A true and 2 correct copy of the email dated July 1, 2011, is attached hereto and incorporated herein as Exhibit "B." 14. Father's legal counsel was also apparently unable to reach his client on July 1, 2011, and the minor child was not returned to Mother's custody. 15. Mother has still not been contacted by either Father or the minor child. 16. Father's legal counsel has indicated that the minor child is to be returned to Mother on July 6, 2011, more than ten (10) days since Father's regular period of partial custody ended. 17. No explanation has been provided by Father or his legal counsel as to the reason he unilaterally ignored the current Custody Order, and failed to contact Mother or return her numerous telephone calls. 18. Mother believes and therefore avers that Father is likely to continue to ignore the current Order of Court without further involvement of this Court, and therefore requests that an Emergency Order be entered prior to the upcoming hearing scheduled in this matter. 19. Mother has incurred additional attorney fees as a result of Father's unilateral decision to ignore the Order of Court and Mother's attempts to contact him and/or the parties' minor child. WHEREFORE, Defendant, JODEANA MILLER, respectfully requests that this Honorable Court enter an Order of Court granting her Emergency Petition for Contempt, 3 directing Plaintiff to ensure that the parties' minor child is returned immediately, together with such other and further relief and this Court shall deem reasonable and appropriate. Respectfully submitted, IRWIN & McKNIGHT, P.C. Dated: July 6, 2011 By: tz {? ??? /°? Douglas U 'Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating; to unsworn falsification to authorities. Y2 J ANA L. MILLER Date: July 6, 2011 EXHIBIT "A" OCT 0120076 DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JODEANA MILLER NO. 1999-1887 Defendant IN CUSTODY COURT ORDER Sfi AND NOW, this day of , 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed that all prior custody Orders entered in this case are vacated and replaced with the following Order: 1. The father, David A. Neff, and the mother, Jodeana Miller, shall enjoy shared legal custody of Jordan L. Miller, born April 1, 1997. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy temporary physical custody of the minor child as follows: a. On alternating weekends from Friday at approximately 7:30 p.m. until Sunday at approximately 7:30 p.m. b. On shared holidays pursuant to a schedule as agreed upon by the parties. C. At such other times as agreed upon by the parties. 4. Father shall handle transportation for exchange of custody. However, in light of the fact that the mother works in the Mechanicsburg area on weekends and in the event that parties are able to work out an arrangement for the child to be taken to Cumberland County or taken back on Sunday in conjunction with the mother's work schedule, the father and the mother should work together to arrange such a transportation schedule. 5. Father's periods of temporary custody shall not commence until father's counsel provides to mother's counsel a letter from father's treating physician which letter shall indicate that father has no disabilities that would prohibit him from supervising and taking care of the minor child including providing transportation for the minor child on exchange of custody. 6. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. BY THE COURT, cc: Douglas G. Miller, Esquire Michael A. Scherer, Esquire ' ?;?+I ? ?11 41 In T and TRUE Ct-???d r :^ U , scj any hand DAVID A. NEFF, Plaintiff v JODEANA MILLER Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999-1887 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: Jordan L. Miller, born April 1, 1997. 2. A Conciliation Conference was held on September 28, 2007, with the following individuals in attendance: The father, David A. Neff, with his counsel, Michael A. Scherer, Esquire, and the mother, Jodeana Miller, with her counsel, Douglas G. Miller, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: ?? Hubert X. Gilroy, Esquire Custody, Conciliator EXHIBIT "B" Page 1 of 1 Douglas Miller From: Douglas Miller Sent: Friday, July 01, 2011 1Z 13 PM To: 'Mike Scherer' Subject: Neff v. Miller Mike, As a follow up to our telephone conversation, your client has had custody of Jordan since Friday, June 24th, without the permission of my client and in violation of the current Order of Court. During the prior weekend custody visit (June 10th - June 12th), my client did agree to allow Jordan to stay through the following week with your client. Jordan actually was not returned until Monday, June 20th. Under the current Order, Jordan should have been returned on Sunday, June 26th. My client has made multiple attempts to call and speak with either her son or Mr. Neff. No one has answered her calls, and certainly no request was made for additional time. At this point, Jordan needs to be returned today, or I am recommending that my client file for contempt next week. Please let me know your client's intentions today as soon as possible. Doug Douglas G. Miller, Esquire Irwin & McKnight, P.C. Law Offices 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 (717) 249-6354 (Fax) www.irwinmcknigtit.com 7/1/2011 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below both by facsimile, by hand delivery, and by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Michael A. Scherer 19 West South Street Carlisle, PA 17013 Date: July 6, 2011 IRWIN & McKNIGHT, P.C. 1 LAG ?a jA V! IIouglas`G. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Petitioner DAVID A. NEFF, PLAINTIFF V. JODEANA MILLER, DEFENDANT IN THE COURT OF COMMON PLE,f Cr CUMBERLAND COUNTY, PENN/PEIAs te ? -, = r - i ca r - :,M D ? -? co Q , C_- > C-) Z _ a NO. 99-1887 CIVIL ?,-?2 C A) W IN RE: EMERGENCY PETITION FOR CONTEMPT -< `D < ORDER OF COURT AND NOW, this 8th day of July, 2011, upon consideration of Jodeana Miller's Emergency Petition for Contempt and the Court having determined that the child, Jordan L. Miller (age 14), has been returned to the Defendant, and that a full custody hearing has been scheduled before this Court on August 10, 2011, IT IS HEREBY ORDERED AND DIRECTED that the Emergency Petition for Contempt is DENIED as moot. The Order of Court dated October 1, 2007, will remain in effect. Father, David A. Neff, will strictly comply with the provisions of the Order. By the Court, ?* -? ?IA M. L. Ebert, Jr., J. ? Michael A. Scherer, Esquire Attorney for Plaintiff ? Douglas G. Miller, Esquire Attorney for Defendant Co?/g(N p? bas DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V C= -?l q . m rn- JODEANA MILLER, Z -D c? z r r- -Orr DEFENDANT NO. 99-1887 CIVIL -<)> Cn C) rz -ice IN RE: CUSTODY as CD=' C) CD ORDER OF COURT cn ' AND NOW, this 25th day of August, 2011, pursuant to 23 Pa.C.S.A. §5323(d) the Court states the following reasons for granting Father primary physical custody in this case: 1. Father, given the fact that he has been awarded a social security disability and is not required to have employment, will be available full time to supervise the child. 2. While the Mother has performed the role of primary caretaker for this child, given her demanding work schedule and the fact that she has two other older children, the time is now ripe for the Father to become the primary caretaker. 3. The distance between the parents' homes prohibits a shared physical custody arrangement. 4. At this time, Father is better able to attend to the daily physical, emotional, developmental, educational and special needs of the child. 5. Father has a much larger extended family available to him and the child in the Carlisle/Cumberland County area. The maternal grandmother also lives in the Carlisle/Cumberland County area. 6. The level of conflict between these parties is manageable and both parties appear to have the willingness and ability to cooperate with each other. 7. While Father has a mental disability diagnosis, he has brought the condition under control by the use of medication. 8. The child who is now 14 years of age has indicated his well-reasoned preference to be with his Father at this time. 9. The Court will monitor the progress of this child and has scheduled an update hearing for March 1, 2012, at 10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 10. At this time the best interest of the child will be served by granting Father primary physical custody. By the Court M. L. Ebert, Jr., `Michael Scherer, Esquire 4/ Douglas Miller, Esquire 00pies 00 J. 2 DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JODEANA MILLER, r1o DEFENDANT NO 99-1887 CIVIL == . cx? z rn rn- IN RE: CUSTODY c 4 N ' Zs ORDER OF COURT r - . x : ? . c,, AND NOW, this 25th day of August, 2011, after a hearing in the abo e-E?a p&neV - u, matter, IT IS HEREBY ORDERED AND DIRECTED: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Mother, Jodeana Miller, and the Father, David A. Neff, shall enjoy shared legal custody of Jordan L. Miller, born April 1, 1997. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party shall not impair the other party's rights to shared legal custody of the child. Each party shall not alienate the affections of the child from the other party. With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 3. PHYSICAL CUSTODY: A. School Year: (1) FATHER: Father shall have primary physical custody of the child during the 2011-2012 School Year. The child shall be enrolled in Big Spring School District. (2) MOTHER: (a) On alternating weekends commencing on Friday, September 2, 2011, Mother shall have physical custody of the child from 5:00 p.m. until 5:00 p.m. on the day prior to school resuming. On Friday evenings, Father shall transport the child to the parking lot of Excel Logistics in Mechanicsburg, where Mother works, and Mother shall transport the child to the parking lot of the Nell's grocery store along Rt. 34 in North Middleton Township on the evening prior to the day school resumes. (b) Mother shall have partial physical custody of the child every Wednesday evening from 4:00 p.m. until 8:00 p.m. Father shall provide all transportation for such visits. Father shall transport the child to and from the maternal grandmother's home. This custodial period shall afford maternal grandmother time with the child even though the Mother may be working late or unavailable. 2 4. HOLIDAYS: A. MOTHER'S DAY AND FATHER'S DAY: Mother shall have custody on Mother's Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Sunday. Father shall have custody on Father's Day weekend from 6:00 p.m. on Friday until 6:00 p.m. Sunday. The parties will adjust their normally scheduled alternating weekends to accommodate this special weekend. B. THANKSGIVING: The Thanksgiving Holiday will be divided into 2 segments. Segment A shall run from 6:00 p.m. the Wednesday before Thanksgiving until 6:00 p.m. the Friday after Thanksgiving. Segment B will run from 6:00 p.m. the Friday after Thanksgiving until 6:00 p.m. the Monday following Thanksgiving. Mother shall have custody of the child during Segment A in odd years and Segment B in even years. Father shall have custody of the child during Segment A in even years and Segment B in odd years. C. CHRISTMAS: The Christmas Holiday will be divided into 2 segments. Segment A shall run from 6:00 p.m. on the first day of the school Christmas vacation until Noon on December 26th. Segment B shall run from Noon on December 26th until 6:00 p.m. on the evening before school resumes in the New Year. Father shall have custody of the child during Segment A in odd years and Segment B in even years. Mother shall have custody of the child during Segment A in even years and Segment B in odd years. D. SPRING RECESS (,EASTER): The Easter Holiday will be divided into 2 segments. Segment A shall run from the Thursday before Easter at 6:00 p.m. until the Saturday before Easter at 6:00 p.m. Segment B will run from 6:00 p.m. the 3 Saturday before Easter until 6:00 p.m. the Monday following Easter. Mother shall have custody of the child during Segment A in odd years and Segment B in even years. Father shall have custody of the child during Segment A in even years and Segment B in odd years. E. INDEPENDENCE DAY: Mother will have the child from 6:00 p.m. the evening before the 4th of July until 6:00 p.m. on the 4th of July in even numbered years. Father will have the child from 6:00 p.m. the evening before the 4th of July until 6:00 p.m. on the 4th of July in odd numbered years. F. OTHER MAJOR HOLIDAYS - (Martin Luther King Dav Presidents' Day, Memorial Day, Labor Day, and Columbus Day): The parent having custody of the child for the weekend preceding the Monday Holiday shall have an extended period of custody until 6:00 p.m. Monday evening. 5. COMMUNICATION: Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the child, or preventing the child from calling the other parent. In addition, the child shall be permitted regular mail and email access from and to both her parents. 6. TRANSPORTATION: Father will provide all transportation for the Wednesday evening visits at Maternal Grandmother's home. Father will provide transportation to the Excel Logistics exchange point in Mechanicsburg. Mother and Father will each provide their own transportation to the exchange point at Nell's grocery store along Route 34 in North Middleton Township. 4 7. NONAILENATION: 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. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the child. Additionally, it is specifically directed that the parents are not to embroil the child in the acrimonious relationship between the parents. The parents are not to involve or influence the child in regard to negative inferences/statements against the other parent. 8. UPDATE HEARING: The parties will appear for an update hearing before this Court on March 1, 2012 at 10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse. The Parties will be required to give an update as to their living situation, employment, and financial status. Copies of all the child's report cards up to March 1, 2012, from Big Spring School District shall be provided to the Court. Additionally, the child will be required to be present at the hearing for an interview with the Court. 9. MODIFICATION: The parties may modify the provisions of this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. By the Court, M. L. Ebert, -Jr., ./Michael Scherer, Esquire V Douglas Miller, Esquire ?P"s J. 5 DAVID A. NEFF, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JODEANA MILLER, : DEFENDANT NO. 99-1887 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 29th day of February, 2012, upon consideration of David Neff's Petition to Cancel March 1, 2012 Hearing and the Court noting that concurrence of Jodeana Miller's Counsel by email to this Court dated February 28, 2012; IT IS HEREBY ORDERED AND DIRECTED that the hearing set in this matter for Thursday, March 1, 2012, is CANCELLED. The August 25, 2011 Order of Court shall remain in effect. ? Michael Scherer, Esquire Douglas Miller, Esquire Cnc GPI ! l? By the Court, I*k -11 0 M. L. Ebert, Jr., J. C-) --1 r-n