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HomeMy WebLinkAbout99-07557V :**4 JENNIFER L. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - CUSTODY TIMOTHY J. MILLER, SR. - 99 - '7 Ol 5 7 ?"' Defendant ORDER OF COURT AND NOW, \aI , 1990j, upon consideration of the attached Custody Complaint, it is hereby directed that the parties and their respective counsel appear before ,-- the conciliator, at - , 2000 , at on a day of o'clockg .m., for a Pre- Baring 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. R2.] children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, n C> BY: m?1? r] lam! Custody Conciliato- - L? The Court of Common Pleas of Cumberland county is required by_1aw.to? comply with the Americans with Disabilities Act of 1990.::For information about accessible facilities and reasonable ; accommodations available to disabled individuals having bu"s'i.ness 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717 -249-3166 e?e ?/ Y" 4,!?V,4 JENNIFER L. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - CUSTODY TIMOTHY J. MILLER, SR. 99 Defendant COMPLAINT/PETITION FOR CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is Jennifer L. Miller, an adult individual who currently resides at 4184 Cove Court, Apartment 103, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Timothy J. Miller, Sr., an adult individual with a last known address of RD #1, Lot 74 Paradise Park, New Bloomfield, Perry County, Pennsylvania 17068. 3. Plaintiff seeks the entry of a custody order involving the minor children, Kaylena M. Miller, D.O.B. January 23, 1993; and Timothy J. Miller Jr., D.O.B. June 29, 1996; and Jordyn M. Miller, D.O.B. September 16, 1997. 4. The parties are married, but separated with different residences. 5. During the past four (4) months, the children have primarily resided with Plaintiff at her address and the parties have been attempting to exchange custody of the children with Defendant on an every-other weekend basis and one evening per week basis. 6. No present custody order exists and Plaintiff has no knowledge of any other litigation concerning custody of the children in this or another court and Plaintiff has no information of a custody proceeding concerning the children pending in a court of this commonwealth. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. During the past several months, the parties have been able to generally agree to a custody schedule. 9. Recently, the partes have been unable to agree upon a custody schedule, pick-up and drop-off times, transportation issues, and an order of court is necessary to develop a routine period of custody along with holiday schedules and terms which address other important dates for custodial purposes. 10. The best interests and permanent welfare of the children will be served by ordering that both parties share legal custody of the children and directing that Plaintiff have primary physical custody of the children and that Defendant shall have periods of partial physical custody for the following reasons: (A) Plaintiff is a fit parent who can take care of the children and who can provide them with a supportive, safe and healthy environment; (B) Defendant's conduct and behavior is not in the best interest of the children in that: (i) Defendant has been unable to maintain a stable residence and has demonstrated an interest in seeing the children whenever custody fits his schedule rather than maintaining a regular custody 2 relation with the children; (ii) Defendant has repeatedly initiated arguments in the presence of the children; and (iii) Defendant has repeated disparaged the reputation of Plaintiff in the presence of the children; and (iv) Defendant has repeatedly failed to pick-up the children after the parties had agreed upon custody times and schedules causing Plaintiff to incur substantial disruption in her schedule and work related activities; and (v) Defendant has, on occasion, indicated his desire to keep one of the children in the presence of Plaintiff and the children causing substantial confusion and disruption in the custody schedule and contacts. 11. A custody order is necessary in this case due to the parties inability to agree upon reasonable custody arrangements which are in the best interest of the children. WHEREFORE, Jennifer L. Miller, Plaintiff herein, respectfully requests that this Honorable Court enter a Custody order which grants Plaintiff and Defendant joint legal custody, and which grants Plaintiff primary physical custody with periods of partial physical custody to Defendant, and addresses issues of holidays and vacations. Date: December /6, 1999 Respectfully submitted, 149t'jc{"'d e. Andrew C. Sheely, Esquire Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 3 _. s r ? VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made • subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Decemberlh 1999 7e ni.fer L. Miller 11 • 1 s G? V C LI .: L i. ?I?IIO?IUIN II?T?fI14?I?ISI JENNIFER L. MILLER, Plaintiff VS. TIMOTHY J. MILLER, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7557 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of - 2000, upon consideration of the attached Custody Conciliation Report, -it is ordered and directed as follows: 1. The Mother, Jennifer L. Miller, and the Father, Timothy J. Miller, shall have shared legal custody of Kaylena M. Miller, born January 23, 1993, Timothy J. Miller, Jr., born June 29, 1996, and Jordyn M. Miller, born September 16, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 7:00 o'clock p.m. through Sunday at 7:00 o'clock p.m., beginning February 18, 2000. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRL91MAS: In every year, the Mother shall have custody of the Children from Christmas Eve at 12:00 noon until Christmas Day at 2:00 p.m. and the Father shall have custody from Christmas Day at 2:00 p.m. until December 28 at 6:00 p.m. B. THANKSGIVING: The Thanksgiving holiday shall begin on the Wednesday before Thanksgiving at 7:00 o'clock p.m. and end on the Friday after Thanksgiving at 7:00 o'clock p.m. The Father shall have custody of the Children over the Thanksgiving holiday in odd numbered years and the Mother shall have custody of the Children over the Thanksgiving holiday in even numbered years. In the event the weekend following Thanksgiving is the Father's regular weekend period of custody and the Father has custody of the Children for the Thanksgiving holiday, the Father's period of both Thanksgiving and weekend custody shall run continuously. C. EASTER: The Easter holiday shall begin on Good Friday at 7:00 o'clock p.m. and shall end on Easter Sunday at 7:00 o'clock p.m. The Father shall have custody of the Children over the Easter holiday in even numbered years and the Mother shall have custody of the Children over the Easter holiday in odd numbered years. D. MEMORIAL DAY/LABOR DAY: The party who has custody of the Children under the regular alternating weekend schedule on the weekend immediately preceding Memorial Day and Labor Day shall retain custody of the Children for the Monday holiday until 7:00 o'clock p.m. E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year for the weekend on which Mother's Day falls from Friday at 7:00 o'clock p.m. until Sunday at 7:00 o'clock p.m. The Father shall have custody of the Children every year for the weekend on which Father's Day falls from Friday at 7:00 o'clock p.m. until Sunday at 7:00 o'clock p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The Father shall be entitled to have custody of the Children each year for 1 week in July, upon providing advance notice to the Mother by May 1, and for 1 week in August, upon providing at least 30 days advance notice to the Mother. 6. Each party shall ensure that the other party has his or her current actress and telephone number. 7. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Children. Neither party shall use his or her liberal telephone contact privileges to harass the other party. 8. Neither party shall drive with the Children in the car while that party's driver's license is suspended. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact with the Children comply with this provision. 10. unless otherwise agreed between the parties, the parties shall exchange custody of the Children at the beginning of the Father's custody periods at 7:00 p.m. at the Breezewood Exit of the Pennsylvania Turnpike and the Father shall return the Children to the Mother's residence by 7:00 p.m. at the end of his periods of custody. cc: Andrew C. Sheely, Esquire - Counsel for Mother Coy A. Starr, Esquire - Counsel for Father Rxs BY THE MTTPT. ?'? •,'^? 1 ? i.i i u• 1. i'G?I ?.JILi. ,.^1 JENNIFER L. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7557 CIVIL TERM TIMOTHY J. MILLER, SR., CIVIL ACTION - LAW Defendant CUSTODY CUSTODY CONMIATICN SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaylena M. Miller January 23, 1993 Mother Timothy J. Miller, Jr. June 29, 1996 Mother Jordyn M. Miller September 16, 1997 Mother 2. A Conciliation Conference was held on February 2, 2000, with the following individuals in attendance: The Mother, Jennifer L. Miller, with her counsel, Andrew C. Sheely, Esquire and the Father, Timothy J. Miller, with his counsel, Coy A. Starr, Esquire. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the paragraph providing for transportation arrangements, which was the determination of the Court. Date C Dawn S. Sunday, Esquire Custody Conciliator JENNIFER L. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY J. MILLER, SR. NO. 1999 - 7557 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 20TH day of SEPTEMBER, 2010, a Rule is issued upon Defendant Timothy J. Miller, Sr. to Show Cause why the Petition to Transfer Venue should not be granted. Rule returnable twenty (20) days after service. 1-Korey Leslie, Esquire ?othy J. Miller, Sr. 2610 Cromwell Street Grapeville, Pennsylvania 15634 sld 0wIzdeg ryotLL 9 l0 B Edward E. Guido, J. ° ZT. a