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HomeMy WebLinkAbout07-3068NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR PLAINTIFF ATHENA M. HAYS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW TIMOTHY E. MILLER : N0.2007 - 3C~Cog CIVIL TERM Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Nathan C. Wolf, Esquire, and files this complaint for custody, representing as follows: 1. The plaintiff is Athena M. Hays, an adult individual residing at 702 Erford Road, Camp ~ Cumberland County, Pennsylvania 17011. 2. The defendant is Timothy E. Miller, an adult individual residing at 1622 Liberty Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. Plaintiff (hereinafter "Mother") and Defendant (hereinafter "Father'') are the natural parents of one minor child namely, Ameris C. Miller (born July 24, 2006, age 10 months). 4. Since birth the child has resided with Mother at 702 Erford Road, Camp Hill, Pennsylvania.. From biYtli until late January 2007, the Father resided with Mother and child. 5. Mother and Father are the natural parents of the child. 6. The child was born out of wedlock and the parents have never been married. 7. Mother has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 8. Mother has no information of a custody proceeding concerning the child pending in any court of this Commonwealth or any other state. 9. Mother does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. The best interest and pern~anent welfare of the child will be served by granting the relief requested herein because the Father has made repeated threats to Mother's welfare along with the welfare of the members of Mother's household and family. Father has historicallyphysicallyabused the Mother and Father has been verbally abusive to Mother in the presence of the child. Father has repeatedly threatened to remove the child from the custody of Mother if she would refuse intercourse or if she would attempt to ternunate her relationship with Father. 11. On or about May 20, 2007, Father came to Mother's residence in an attempt to threaten members of Mother's household after being told that if he came to the residence he would that the police would be summoned and that he was not welcome at the residence. This occurred after Father had voiced threats towards Mother concerning the child over the telephone. 12. From the time of the child's birth, Father has been uninvolved with the caretaking duties as to the child, including providing financial support or medical insurance which are instead provided by Mother or her family members. 13. Mother is filing contemporaneouslywith the complaint a petition for special relief seeking interim relief from the Court, as well as seeking an order for Protection From Abuse from this Court. 14. Mother believes that she can continue to provide for the child in her household and seeks an Order confirming her rights to primary physical and legal custody of the child. 15. Mother believes that without an order confirming her primary legal and physical custody of the child with her that Father will continue to threaten her role as the child's primary caretaker and that such a result would be detrimental to the child's best interests and permanent welfare. WHEREFORE, for the reasons set forth herein, Plaintiff, Athena M. Hays, respectfully requests that this Honorable Court enter an order confirming primary legal and physical custodyto Mother, along with granting any other relief the Court deems appropriate. Respectfiilly submitted, WOLF & WOLF _ May `~ , 2007 ATHA~;"~,;07,F, ESQUIRE 10 West High Street Carlisle, Pennsylvania 17013-2922 (717) 241-4436 Supreme Court I.D. No. 87380 VERIFICATION I do herebyverifythat I am the Plaintiff in the foregoing action and that the facts set forth in this complaint are true and correct to the best of my information and belief. 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. May ~.l_, 2007 _ ~~~„ Atl a M. Hays NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR PLAINTIFP ATHENA M. HAYS, Plaintiff v. TIMOTHY E. MILLER Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2007 - CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do herebycertifythat this date, I have served a copy of the foregoing Complaint for Custody upon the following person, by United States Mail, addressed as follows: TimothyE. Miller 1622 Llberty Street Harrisburg, PA 17109 Respectfully submitted, WOLF 8LF, Attorneys at Law Dated: May ~ , 2007 Na n C. ,Esquire 10 e h Street Car ' , PA 17013 Su reme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff t`~ r`' r,,,_ f_:_t (~) --~ 1 ~ .. ~ ~~ ~ ~~ ..... ~~ . 'n ; `'yt ~ ~ ~ ~ ~ C1 ~ . " ~ ,. n ' ~ " q. ..e.. ' - - - ~,,. (~ _ .. t .-Z t NATHAN C. WOLF, ESQUIRE ATTORNEY LD N0.87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR PLAINTIFF ATHENA M. HAYS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW TIMOTHY E. MILLER : N0.2007 - 3abS CIVIL TERM Defendant : IN CUSTODY PETITION FOIL SPECIAL RELIEF NOW comes the Plaintiff, by her attorney, Nathan G Wolf, Esquire, and files this petition for special relief, representing as follows: 1. The plaintiff is Athena M. Hays, an adult individual residing at 702 Erford Road, Camp Kill, Cumberland County, Pennsylvania 17011. 2. The defendant is Timothy E. Miller, an adult individual residing at 1622 Liberty Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. Plaintiff (hereinafter "Mothel'') and Defendant (hereinafter "Father") are the natural parents of one minor child namely, Amens C. Miller (born July 24, 2006, age 10 months). 4. Since birth the child has resided with Mother at 702 Erford Road, Camp I-rill, Pennsylvania.. From birth until late January 2007, the Father resided with Mother and child. 5. Mother and Father are the natural parents of the child. 6, No prior orders concerning the custody of this child exist. 7. The best interest and permanent welfare of the child will be served bygranting the relief requested herein because the Father has made repeated threats to Mother's welfare along with the welfare of the members of Mother's household and family. Father has historically physically abused the Mother and Father has been verbally abusive to Mother in the presence of the child. Father has repeatedlythreatened to remove the child from the custody of Mother if she would refuse intercourse or if she would attempt to terminate her relationship with Father. 8. On or about May 20, 2007, Father came to Mother's residence in an attempt to threaten members of Mother's household after being told that if he came to the residence he would that the police would be summoned and that he was not welcome at the residence. This occurred after Father had voiced threats towards Mother concerning the child over the telephone. 9. Father left Mother's residence before the police amved, though Mother's family members contacted police upon Father's arrival and the police were unable to locate Father in the immediate vicinity and have not charged Father despite his threatening and harassing behavior. 10. From the time of the child's birth, Father has been uninvolved with the caretaking duties as to the child, including providing financial support or medical insurance which are instead provided byMother or her family members. 11. Mother believes that without providing relief requested herein that Father will attempt to remove the child from the custody of Mother or her family members and that he would either withhold custody of the child or that he would remove the child f rom this jurisdiction and withhold the child from Mother. 12. Mother's belief is based upon repeated threats made by Father as to the actions he would take if Mother refuses his commands or if Mother attempts to pursue relief in custody or if she was to seek child support from Father. 13. The child has been suffering from various illnesses in the prior two to three weeks and Mother is attempting to stabilize the child's condition presentlywith close monitoring and medical care. .j 14. If the child was in the custody of Father, Mother strongly believes that Father would not ensure that the child's medical needs are being appropriately met. 15. Mother is filing contemporaneouslyvith the complaint a petition for special relief seeking interim relief from the Court, as well as seeking an order for Protection From Abuse from this Court. lb. Mother believes that without an order confirming her primary legal and physical custody of the child with her that Father will continue to threaten her role as the child's primary caretaker and that such a resuk would be detrimental to the child's best interests and permanent welfare. 17. Mother believes and therefore avers that an Order for temporary relief will permit the child to continue in her stable home environment without Father removing the child from her custody pending the conciliation conference or further Order of Court. WHEREFORE, for the reasons set forth herein, Plaintiff, Athena. M. Hays, respectfully requests that this Honorable Court enter an Emergency Order of Court confirming primary legal and physical custodyto Mother, authorizing the police to enforce said Order, along with granting any other relief the Court deems appropriate. May ~ , 2007 Respectfiilly submitted, WOLF & WOLF, Attorneys at Law l~C. WOLF, ESQUIRE for Plaintiff 1~West High Street Carlisle, Pennsylvania 17013-2922 (717) 241-4436 Supreme Court I.D. No. 87380 i ~,. VERIFICATION I, the undersigned, do herebyverifythat I am the plaintiff in the foregoing action and that the facts set forth in this petition are true and correct to the best of the lmowledge, information and belief, 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. May 2L_, 2007 ~~.. c~ Athena M. Hays J , NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 170]3-2922 (717) 241-4436 ATTORNEY FOR PLAINTIFF ATHENA M. HAYS, Plaintiff v. TIMOTHY E. MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2007 - CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorneyforPlaintiff, do herebyceltifythat this date, I have served a copy of the foregoing Petition for Special Reliefupon the following persons, by United States Mail, addressed as follows: Timothy E. Miller 1622 Liberty Street Harrisburg, PA 17109 Respectfully submitted, Attorneys at Law Dated: May, 2007 ~a .Wolf, Esquire 10 est High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff °~ ~::? r . r-u .:.:: sq - ---~ ~ 7 ~:.~ ~~. ~ N -, ~ t, ~ ~' 4.. +- ~ -r. - - ~ ~ ~: ~ ~ ~ ~ ~ -i _ ~~ ~ R ~IAY E 12007 ~y~ ATHENA M. HAYS, Plaintiff v. TIMOTHY E. MILLER Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2007 - 306g' CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this ~ day of 2007, upon consideration of the attached Petition for Special Relief and pending further Orde in this matter, it is hereby ORDERED and DIRECTED as follows: 1. Mother shall have legal custody of the child, Ameris C. Miller, born July 24, 2006. 2. Mother shall have primary physical custody of the child, subject to Father's request for supervised visitation with the child from time to tune as the parties may agree at no more than two hoots per week 3. Mother shall be entitled to have this Order enforced by any police department having jurisdiction over the child and the parties. 4. The complaint filed in this matter shall be scheduled for Administrator. BY THE Distribution: ~.. I C./~ / Q ~_,~,~ ~ Nathan C. Wolf, Esquire ~~~ C ` / `~`', For the Plaintiff Timothy E. Miller ... ~~'~~ /~.d.l Pro Se Defendant `~~`"``~~~~~ s/~~/a7 By: iati~t by the Court J• r >-. ._... ,- ~ ;-- ;:~ ; ~ ~- ~, . ;,-~ .: -- .,._ --,, : __ -~.,. Cc,. --~~, ~~ F--- C~ . c° , ATHENA M. HAYS IN THE COURT OF COMMON PLEAS OF PLAINT[FF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY E. MILLER DF.FF.NDANT • 07-3068 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Thursday, May 24, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 15, 2007 at 3:00 PM 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ ohn .Man an r. Es . 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 (7l7) 249-3166 ~ ~~~ ~~~ ~0~~~ .. ~ ~ ~~~ r~~,:.1 ~ R~~; ~ ~~-ii ~~ _~.. - ~' ocr o i 2om,wl `~ ATHENA M. HAYS v. Plaintiff TIMOTHY E. MILLER Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3068 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this l~~day of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: Legal Custody: The Father, Timothy Miller, and the Mother, Athena Hays, shall enjoy shazed legal custody of the minor child, Ameris C. Miller, born 7/24/06. 'The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regazding the Child's health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each pazent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one pazent has possession of any such records or information, that parent shall be required to shaze the same, or copies thereof, with the other pazent within such reasonable time as to make the records and information of reasonable use to the other pazent. 2. Physical Custody: The Mother shall have primary physical custody of Ameris Miller subject to Father's rights of supervised partial physical custody no more than two hours per week which shall occur at the YWCA or at a location as the parties may mutually agree. Father is directed to initiate and arrange for said visitation at the YWCA. The parties are directed to provide one week's notice to the other party to modify the arranged time or location. 3. Father shall arrange to have a psychological evaluation and/or engage in anger management counseling. 4. Mother shall be responsible for transporting the Child to the supervised visits. 5. Mother and Father are directed to not be under the influence of alcohol or illegal substances while the Child is in their custody or for visitation. 6. Telephonic and written communication: The non-custodial parent shall have a right to have liberal written and telephone contact with the Child when age ~~ appropriate. Telephone contact between Father and Mother shall be limited to custodial issues. 7. Holidays and birthdays shall be mutually agreed upon. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Counsel or a party may contact the assigned Conciliator to arrange for a status conference as necessary. Cc: an Wolf, Esquire imothy Miller, 1622 Liberty Street, Harrisburg, PA 17103 ~J'ohn J. Mangan, Esqui~ J ~ c~ ' cai ^ ,~i_i =- ' ~,? ` `.i' - - . ; C:. ~. ~ ~ 4 t ~-- LL ~ L! ~ }-- „ t--~ = ` ~ - ' ~ -_ ~~ `~ hi . ,.. ATHENA M. HAYS v. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY E. MILLER Defendant Prior Judge: Edgar B. Bayley, P.J. No. 07-3068 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUNIlVIARY 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 children who are the subject of this litigation is as follows: Ameris C. Miller, born 7/24/06, currently in the primary physical custody of the Mother. 2. A Conciliation Conference was held on June 15, 2007 with the following individuals in attendance: The Father, Timothy Miller, pro se The Mother, Athena Hays, with her counsel, Nathan Wolf, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: [~~U~ Jo angan, Es ire Custo y Conciliat r