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Home My WebLink About07-5770r Katherine L. Linn Plaintiff V. Joshua S. Miley Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07- S-7-70 cs.i+i +er^ Civil Action - Law IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Katherine Linn, who resides at 8 Larch Drive, Shippensburg, Pennsylvania 17257. 2. Defendant is Joshua S. Miley who resides at 66 Lenwood Park, Shippensburg, Pennsylvania 17257. 3. Plaintiff seeks Primary custody of the following child: Name Present Residence Age Abagail L. Miley 8 Larch Drive 8 months old Shippensburg, Pa 17257 The child was born out of wedlock. 4. The child is presently in the custody of Katherine Linn, who resides at 8 Larch Drive, Shippensburg, Pennsylvania 17257. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons Katherine Linn Joshua Miley Pam & Russel Miley Katherine Linn Joshua Miley List All Addresses 66 Lenwood Park Shippensburg, Pa 17257 633 Foreland Street Pittsburgh, Pa 15212 Dates Dec. 31, 2006- Feb. 22, 2007 Feb. 22, 2007- Aug. 4, 2007 Katherine Linn 8 Larch Drive Aug. 4, 2007-Present Terry & Chris Linn Shippensburg, Pa 17257 Rebekka Wright Joshua Wright 6. The mother of the child is Katherine Linn, who resides at 8 Larch Drive, Shippensburg, Pennsylvania. 17257. She is unmarried. 7. The father of the child is Joshua S. Miley who resides at 66 Lenwood Park, Shippensburg, Pennsylvania 17257. He is unmarried. 8. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons: Name Relationship Chris & Terry Linn Parents Abagail Miley Daughter Rebekka Wright Sister Joshua Wright Nephew 9. The relationship of defendant to the child is that of Father. The Defendant currently resides with the following persons: Name Relationship Pam & Russel Miley Parents Ryan Miley Brother 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. WHEREFORE, Plaintiff respectfully requests that this Court grant primary physical custody of the child to Plaintiff. Respectfully submitted, Rominger & Associates Date: October 2, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID No. 81924 Attorney for Plaintiff Katherine L. Linn : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 67 ?-77D V. Civil Action - Law Joshua S. Miley Defendant IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Katherine L. Linn, Plaintiff Katherine L. Linn : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 9 7 - -5-2 7U V. Civil Action - Law Joshua S. Miley : Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Complaint in Custody upon the following by depositing same in the United States mail, postage prepaid, first class and certified, with return receipt at Carlisle, Pennsylvania, addressed as follows: Joshua S. Miley 66 Lenwood Park Shippensburg, Pa 17257 Respectfully submitted, Rominger & Associates Date: October 2, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID No. 81924 Attorney for Plaintiff f V -?... .? s ? ? ?? ? ? C i `..?? ?^, s'-? c ?, _ ? xl t` , ?.. ;-i -. 6 ? -: , ? N .. 1 n - 1 -. Q ?'? ' ? ? ?' c- _ ?, , ? ?? z ?, e \? Katherine L. Linn : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. Q -7 - 5 7 7 U c I f z T,.-. V. Civil Action - Law Joshua S. Miley Defendant IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF NOW COMES, Karl E. Rominger, Esquire, for Plaintiff, Katherine L. Linn, and in support of this Emergency Petition for Special Relief avers as follows: 1. Plaintiff is Katherine Linn, who resides at 8 Larch Drive, Shippensburg, Pa. 17257. 2. Defendant is Joshua S. Miley who resides at 66 Lenwood Park, Shippensburg, Pa 17257. 3. Plaintiff has primary physical custody of the minor child, Abagail L. Miley, born December 24, 2006. 4. Defendant is making verbal threats to remove the child from Plaintiff's custody without assurance that he would return the minor child to Plaintiff. 5. Defendant becomes erratic and abusive when he drinks alcohol which poses a threat of harm to the child if placed in his custody. 6. Defendant does frequently abuse alcohol which therefore makes him unreliable as custodian of the child. 7. Reasons for granting relief: a. Plaintiff has undertaken and performed the primary parental responsibilities for the child. P b. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. c. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child are not used in a manipulative fashion. d. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. e. Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody. f. Defendant's erratic and abusive behavior poses a threat of harm to the child. WHEREFORE, Your Petitioner respectfully requests that this Honorable Court, grant a temporary order granting primary physical custody of the child to the mother pending the scheduling of a hearing on the matters alleged herein. Respectfully Submitted, Rominger & Associates Date: October 2, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Supreme Court Id No. 81924 Attorney for Plaintiff Katherine L. Linn : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. V. Civil Action - Law Joshua S. Miley Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Emergency Petition for Special Relief upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Joshua S. Miley 66 Lenwood Park Shippensburg, Pa 17257 Date: October 2, 2007 Respectfully Submitted, Rominger & Associates K A E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Supreme Court Id No. 81924 Attorney for Plaintiff ("') n? - ,- ?- a ??.? -?-wt 1") _ ?. .) ,, ?? "T- ? Q 1 T R ? ? ' ? Q ";:) ' ! •- -`',. ? --. 0 ?. 1 I t Katherine L. Linn : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5770 V. Civil Action - Law Joshua S. Miley Defendant IN CUSTODY PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the Emergency Petition for Special Relief by agreement of the parties. Respectfully Submitted, Rominger & Associates Date: October 12, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff 1 Katherine L. Linn : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5770 V. Civil Action - Law Joshua S. Miley Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Praecipe to Discontinue upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Joshua S. Miley 66 Lenwood Park Shippensburg, Pa 17257 Respectfully Submitted, Rominger & Associates Date: October 12, 2007 arl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff C? ? C? ? .. oft; : ? rr--- .. ° - ' s --- CJ cy ?, ? ; :. ? ?..:s ? + t A.` ? ?, .j .. .?/?` ? ^t KATHERINE L. LINN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSHUA S. MILEY DF,FF,NDANT 2007-5770 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, October 12, 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 Friday, November 02, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinp,. FOR THE COURT, By: Is/ Hubert X. Glryro Es . Custody Conciliator lr? 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 (7'17) 249-3166 L_(,9 -7/ J/ 9 C .0 d 9 1 130 LOU NOV 3 0 2007L/ KATHERINE L. LINN, Plaintiff v JOSHUA S. MILET, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5770 IN CUSTODY COURT ORDER AND NOW, this 29 day of November, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Mbert X. '? roy, Esquire Custody C ciliator j h IC' 3-30 LUDI