HomeMy WebLinkAbout03-6084IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW D. MILLER,
Plaintiff,
¥$o
JENNIFER M. CHILDERS,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH 1N
THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO
DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE
ENTERED AGAINST YOU BY THE COURT. A FODGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY
OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR
CHILDREN.
WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE
MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS
AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1
COURTHOUSE SQUARE, CARLISLE, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM
ANY OF THEM.
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 LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW D. MILLER, *
Plaintiff, *
JENNIFER M. CttlLDERS, * CIVIL ACTION - LAW
Defendant. * CUSTODY
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
AVISO PARA DEFENDER Y RECLAMAR DERECIIOS
USTED HA SIDO DENIANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las
paginas signientes. Debe romar accion con prontitud. Se le avisa que Si nose defiende, el caso puede proceder sin
usted y decreto de divorcio o anniamiento puede set emitido en su contra pot la Corte. Una decision puede tambien
set ernitida en su contra pot cuaiquier otra queja o compensacion reclamados pot el demandante. Usted puede
perder dinero, o propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irrparable del matrimonio, usted puede
solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary,
en la CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013.
SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL, HONORARIOS DE
ABOGADO U OTROS GASTOS ANTES DE QLE EL DECRETO FINAL DE DIVORCJO O ANULAMIENTO
SEA EMITIDO. USTED PUEDE PERDER EL DERCHO A RECLAMAR CUALQUERA DL ELLOS.
USTED DEBE LUEVAR ESTE PAPEL A LN ABOGADO DL INMEDIATO. SI NO TIENE O NO
PLEDE PAGAR UN ABOGADO. VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA
AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW D. MILLER,
Plaintiff,
JENNIFER M. CHILDERS,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.
CIVIL ACTION - LAW
CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, Plaintiff, Andrew D. Miller, by and through his attorney, Timothy J. Colgan,
Esquire, files a Complaint For Custody against Defendant, Jennifer M. Childers, and in support thereof,
avers the following:
I. Plaintiff is Andrew D. Miller, Father, who currently resides at 805 Rosemont
Avenue, New Cumberland, Cumberland County, Pennsylvania.
2. Defendant is Jennifer M. Childers, Mother, who currently resides at 3010 Bornt
Drive, Dover, York County, Pennsylvania.
3. Plaintiff seeks custody of the following child: Haley L. Fogle, born February 2,
1999.
4. The child was born out of wedlock.
5. The child, Haley L. Fogle, is presently in the custody of Father, Andrew D. Miller,
who currently resides at 805 Rosemont Avenue, New Cumberland, Cumberland County, Pennsylvania.
6. Since the child's birth, the child has resided with the following persons and at the
following addresses:
(a)
(b)
(c)
(d)
From February 2, 1999 until September 2000, the child resided with Jennifer M. Childers
(natural mother) and Deb Fogle (maternal grandmother) in Dover, Pennsylvania.
(e)
From September 2000 until approximately February 2001, the child resided with Plaintiff,
Andrew D. Miller (natural father) and Christine M. Bobb (paternal grandmother), at 805
Rosemont Avenue, New Cumberland, Cumberland County, Pennsylvania.
From approximately February 2001 until approximately February 2003, the child resided
with Jennifer M. Childers (natural mother) at an unknown address in Mississippi. It is
believed and therefore averred that she was also residing with Defendant's husband at
that time, Henson Childers.
From approximately February 2003 until March 2003, the child resided with Jennifer M.
Childers (natural mother) and Jenna Fink at 3010 Borndt Drive, Dover, York County,
Pennsylvania.
From March 2003 until October 2003, the child resided with Jennifer M. Childers
(natural mother) at an unknown address in Mississippi.
From October 23, 2003 until the present time, the child has resided with Plaintiff,
Andrew D. Miller (natural father) and paternal grandmother at 805 Rosemont Avenue,
New Cumberland, Cumberland County, Pennsylvania
7. The Mother of the child is Jennifer M. Childers, who currently resides at 3010
Borndt Drive, Dover, York County, Pennsylvania.
8. The Father of the child is Andrew D. Miller, who currently resides at 805
Rosemont Avenue, New Cumberland, Cumberland County, Pennsylvania
The parties are not married.
The relationship of Plaintiff to the child is that of Father. Plaintiff currently
resides with the following person:
Persons
Haley L. Childers
Christine M. Bobb
Relationship
Minor Child
Paternal Grandmother
11. The relationship of Defendant to the child is that of Mother. Defendant currently
resides with the following persons:
.Persons Relationship
Jenna Fink Friend
Jason Lingg Friend
12. Plaintiff and Defendant have 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.
13. Plaintiff and Defendant have no information of a custody proceeding concerning
the child pending in a Court of this Commonwealth or any other state.
14. 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.
15. The best interests and permanent welfare of the child, Haley L. Fogle, will be
served by granting the relief requested, because
(a) The natural mother has exhibited extreme instability and has fled with the child on
prior occasions; and
(b) The natural mother is married to a convicted pedophile from the state of
Mississippi and continuing to reside with the child in that environment is
detrimental to the child's best interest; and
(c) Mother has indicated that she is divorcing Mr. Childers because he has been
physically abusive to her to the point of incapacitating Mrs. Childers.
Nonetheless, it is believed and therefore averred that the Defendant intends to
return to Mississippi once again to live with Henson Childers; and
(d) The natural father can provide a stable, safe, and appropriate environment for the
minor child in the Commonwealth of Pennsylvania
16. Each parent whose parental rights to the child have not been terminated and the persons
who have physical custody of the child\children 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.
Name Address Basis of Claim
NONE
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting
him primary physical custody and shared legal of the minor child to the Plaintiff,
Respectfully Submitted,
Timothy J.
W~L~V, LzsOX~eO[~A~ a ~tA~zz^cco, ~,.c.
130 West Church Street, Suite 100
Dillsburg, PA 17019
(717) 432-9666
I.D. No. 77944
Dated: /[-/? -t~$ (Attorney for Plaintiff)
VERIFICATION
I, Andrew D. Miller, verify that the statements made in tl~s document 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 unswor~ falsification to
authorities.
Date:
And~"
Plaintiff
ANDREW D. MILLER
PLAINTIFF
V.
JENNIFER M. CHILDERS
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
03-6084 CIVIL AC'IION LAW
:
: IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, November 26, 2003 , 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, December 18, 2003 at 10:30 ~
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cmmot 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 TItE COURT,
By: /s/ Hubert X. Gilroy. Esq. ca
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
}lAVE 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
ANDREW D. MILLER,
Plaintiff
JENNIFER M. CHILDERS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 03-6084 CIVIL TERM
: IN CUSTODY
pRELIMINARY OBJECTIONS OF DEFENDANT
TO PLAINTIFF'S COMPLAINT
COUNTI
AND NOW comes Defendant, Jennifer M. Childers, by and through her counsel, Bradley
L. Griffie, Esquire, and files the following preliminary objections to Plaintiff's Complaint and in
further states as follows:
Plaintiff and Defendant are the natural parents of one child, namely, Haley L. Fogle,
bom February 2, 1999.
Plaintiff filed a Complaint for Custody in the above captioned matter on or about
November 19, 2003.
The averments in Plaintiff's Complaint, while attempting to allege residential
contacts with the child in the Commonwealth of Pennsylvania, falsely and
fraudulently suggest that Defendant and the child resided in the Commonwealth of
Pennsylvania in February to March 2003, when, in fact, Plaintiff was fully aware that
Mother and the child visited in Pennsylvania for approximately three weeks in that
timeframe.
Defendant was visiting the Commonwealth of Pennsylvania from October 23, 2003,
until approximately November 29, 2003, when she returned to the State of
Mississippi.
During the above referenced period of time, Defendant and the child were actually
staying with Plaintiff and Plaintiff's mother and step-father at Plaintiff's mother's
address in New Cumberland, Cumberland County, Pennsylvania.
During the four or five weeks from October 23, 2003, until November 27, 2003,
Defendant returned to the State of Mississippi for four days to withdraw the Divorce
action that she had previously initiated against her husband, Heston Childers, as she
and Mr. Childers' had reconciled their differences and continued in counseling, such
that Defendant determined that she is not going to pursue a divorce from her husband.
Upon her return to Pennsylvania, Plaintiff refused to allow Defendant to have contact
with the child and indicated the only means by which she could secure any type of
contact with the child would be through Children and Youth Services or Court
proceedings.
When Defendant attempted to secure her child from Plaintiff's residences, she was
assaulted by Plaintiff's step-father.
Upon Defendant's return to her home in the State of Mississippi on or about
November 29, 2003, she contacted her counsel in Mississippi to initiate a custody
action, which action was not initiated due to the fact that counsel became ill, was
hospitalized and continues to be hospitalized.
10.
Defendant contacted another attorney in Mississippi in an effort to initiate a custody
action in the State of Mississippi, but was advised that some action would need to be
filed in the Commonwealth of Pennsylvania, due to the fact of the child's presence in
the Commonwealth of Pennsylvania.
11.
Defendant contacted counsel in Pennsylvania to request that counsel in Pennsylvania
initiate a custody action relative to her child, but was advised by counsel in
Pennsylvania that the State of Mississippi had jurisdiction over the issue of custody of
the child and an action must be initiated in Mississippi.
12.
During the several week period when Defendant was attempting to secure counsel to
initiate a custody action on her behalf, either in the State of Mississippi or in the
Commonwealth of Pennsylvania, Plaintiff had contacted counsel in Pennsylvania and
initiated the within custody proceedings.
13.
Defendant was not served with a copy of the Complaint in this matter until the
evening of December 15, 2003, less than three days prior to the scheduled
conciliation conference in this matter.
14.
Defendant was served at her home in Mississippi, evidencing the fact that Plaintiff
was aware of Defendant's home address in Mississippi, despite Plaintifffs verified
statement on two occasions in his Complaint for Custody that he did not know the
home address of Defendant.
15.
The allegations of the Complaint as verified by Plaintiff indicates that the child
resided from October 23, 2003, to the date of filing of the Complaint, November 19,
2003, with Plaintiff in New Cumberland, Cumberland County, Pennsylvania, and
alleges that for a period of approximately one month in February and March 2003, the
child resided in Dover, York County, Pennsylvania.
16.
Otherwise, the averments verified by Plaintiff in his pleadings state that the child has
resided continuously in the State of Mississippi from February 1, 2001, to present.
17.
Pursuant to the Uniformed Child Custody Jurisdiction Act, the State of Mississippi
has jurisdiction over the issue of custody of the parties' minor child pursuant to the
verified averments of Plaintiff in his Complaint.
18.
Plaintiff fails to provide any basis whatsoever for the Commonwealth of
Pennsylvania to assume jurisdiction over the issue of custody of the child who has,
even under a favorable reading of the averments in Plaintiff's Complaint, has resided
for approximately one month in the spring of 2003 and one to two months in the fall
of 2003, in the Commonwealth of Pennsylvania, while otherwise residing for two and
one-half years in the State of Mississippi.
WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiff's
Complaint for lack of subject matter on jurisdiction pursuant to Pa.R.C.P. § 1028(a)(1).
19.
COUNT II
The averments of paragraphs one through 18 are incorporated herein as if set forth in
their full text.
20.
The child has been in Defendant's custody since February 2001 and remained in
efendant s custody tmtfl Plmnt~ffrestrained the child and refused to allow the child
to return to efendant s custody on or about November 21, 2003.
D '
21.
Plaintiffhas restrained the child to his physical custody and refused to return the child
to Defendant's physical custody as was the status quo ora period in excess of two and
one-half years, and filed the instant custody action knowing that the Commonwealth
of Pennsylvania is neither the home state of the child due to the child's residences
therein for more than six months, nor is the home state of the child based on any other
premise in the Uniformed Child Custody Jurisdiction Act.
22.
The child is absent from Defendant's custody and the child's homes state because of
Plaintiff's inappropriate detention of the child in the Commonwealth of Pennsylvania.
WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiff's
Complaint due to lack of jurisdiction pursuant to Pa.R.C.P. § 1028(a)(1).
Respectfully submitted,
~uire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I, Bradley L. GrJffie, Esquire, counsel for ,~ENNIFER M. CHI£DER$, hereby swear and
affirm that the facts set forth in this document are true and correct to the best of my knowledge,
information, and belief. I have sufficient knowledge or information and belief as to the
averments stated in these pleadings, based upon my personal knowledge and information
obtained from my client. This statement is made subject to the penalties of 18 Pa.C.S. §4904
relating to unswom falsification to authorities.
rote: i.z,I, 7/(5 >
(~~fi?fie,~squire ~
ANDREW D. MILLER,
Plaintiff
JENNIFER M. CHILDERS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: NO. 03-6084 CIVIL TERM
: 1N CUSTODY
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the ~r~day of December, 2003,
cmtse a copy of Defendant's Preliminary Objections to Plaintiff's Complaint for Custody to be
served upon Plaintiff's attorney of record by facsimile and first class mail, postage prepaid at the
following address:
Timothy J. Colgan, Esquire
The Wiley Group
1 South Baltimore Street
Dillsburg, PA 17019
Hubert X. Gilroy, Esquire
4 North Hanover Street
Carlisle, PA 17013
DATE:
.4ttorney for Defendant
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243 -5551
(800)347-5552
ANDREW D. MILLER,
VS.
Plaintiff
JENNIFER M. CHILDERS,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 03-06~-
CIVIL ACTION - LAW
IN CUSTODY
RETURN OF SERVICE
Onthe : dayofDecenber.,00,. . .
served JENNIFER M. CH1LDERS, the Plaintiff's Complaint for Custody and Order of Court by
,}~ eR-l"tv./2/ql// .V~'~///'¢ ~ · (manner of service)
at 7~-- &/.~qPff/~./Td~-~ ,f~2d ~ ,.,C~d.'~.'~/~d'- Mississippi, at
,_~ :~.m. (t~me ofse~ce).
I verify that the statements in this return of service 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: /~-/.~-KY
ANDREW D. MII~LER,
JENNIFER M. CHILDERS,
IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
03:~~
CIVIL ACTION - LAW
Defendant IN CUSTODY
PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS
AND NOW comes the Plaintiff, Andrew D. Miller, by and through his attorney, Timothy
J. Colgan, Esquire, and files the instant Answer to Defendant's Preliminary Objections and in
support thereof avers as follows:
1. Admitted.
2. Admitted.
3. Denied. Thc child resided in Pennsylvania with either the mother, the father or
both parents as stated in the custody complaint. Contrary to Defendant's statement that Plaintiff
"falsely and fraudulently" averred that the Defendant and the child resided in Pennsylvania from
February 2003 until March 2003, the Defendant did reside in Pennsylvania during that time and
expressed intentions of staying in Pennsylvania from that point forward. Her intentions were
supported by virtue of the fact that she obtained a job in Pennsylvania and was attempting to
purchase a car in Pennsylvania.
Furthermore, the child resided with the Plaintiff from September 2000 until February
2001 after the Defendant dropped the child off with Mr. Miller and stated that she didn't want the
child any longer.
4. Denied. Once again, the Defendant returned to the Commonwealth of
Pennsylvania with the Plaintiff and the minor child after she initiated divorce proceedings in
Mississippi due the physically abusive behavior of her husband, Henson "Joe" Childers. The
Defendant asked Mr. Miller to come to Mississippi in August 2003 to assist her in her recovery
following an abusive episode by the Defendant's husband. On October 23, 2003, the parties
returned to Pennsylvania with the intent of both Plaintiff and Defendant to remain in
Pennsylvania and to once again live together as a family.
On November 15, 2003, the Defendant returned to Mississippi to allegedly conclude her
divorce against Mr. Childers with a hearing before a Mississippi Court. Unbeknownst to
Plaintiff, upon her return to Pennsylvania on November 17, 20{)3, the Defendant requested that a
friend pick her up at the airport, and on the way to the airport, stop at the Plaintiff's home to
retrieve the minor child.
The Plaintiff was concerned that the Defendant would once again return to Mississippi
with the minor child and he immediately sought legal counsel on November 18, 2003. The
instant custody petition was filed the next day on November 19, 2003. Once undersigned
counsel received the Order scheduling the Conciliation Conference, arrangements were made to
locate a private investigator in Mississippi to serve the Defendant. The Defendant avoided the
efforts of the process server for several days before service was accomplished.
5. Admitted. By way of further answer, the Plaintiff and Defendant resided together
at his mother and step-father's home until they were able to save sufficient to obtain a residence
of their own.
6. Admitted in part, denied in part. The Plaintiff was aware that the Defendant was
returning to Mississippi. However, he was led to believe that the Defendant was returning to that
state to conclude the divorce that she previously initiated against her abusive husband. He was
unaware that she was actually returning to Mississippi to withdraw her divorce complaint and
reconcile with Mr. Childers.
7. Denied. The Plaintiff was concerned that if custody of the child were turned over
to the Defendant that she would leave the area without providing information as to her
whereabouts and/or the whereabouts of the child as had occurred when she first left for
Mississippi in February 2001. When the Defendant left in February 2001 she did not advise the
Plaintiff as to her whereabouts and the whereabouts of the child for 15 months.
Therefore, the Plaintiff agreed to visits with the Defendant at his Mother's home where
the parties were living.
8. Denied. The Defendant attempted to take the child from the Plaintiff's home
without a car seat and without the consent of the Plaintiff. The PlaintiWs step-father did not
assault the Defendant. However, the Plaintiff's step father did prevent the Defendant from
fleeing with the child.
9. The averment is solely within the knowledge of the Defendant. After reasonable
investigation, the Plaintiff is without sufficient knowledge or information to form a belief as to
the truth of the averment. Therefore, the averment is denied and strict proof thereof is demanded.
10. The averment is solely within the knowledge of the Defendant. After reasonable
investigation, the Plaintiff is without sufficient knowledge or information to form a belief as to
the troth of the averment. Therefore, the averment is denied and strict proof thereof is demanded.
11. The averment is solely within the knowledge of the Defendant. After reasonable
investigation, the Plaintiff is without sufficient knowledge or information to form a belief as to
the truth of the averment. Therefore, the averment is denied and strict proof thereof is demanded.
12. The averment is solely within the knowledge of the Defendant. After reasonable
investigation, the Plaintiff is without sufficient knowledge or information to form a belief as to
the truth of the averment. Therefore, the averment is denied and strict proof thereof is demanded.
13. Admitted. By way of further answer, upon receipt of the Order scheduling the
Conciliation Conference, undersigned counsel located a private investigator in Mississippi to
locate the Defendant. Said private investigator made several attempts at service before
successfully serving the Defendant.
14. Admitted in part. Denied in part. The Defendant was served at 705 Lawrence
Street in Summit, Mississippi on December 15, 2003. When the Defendant was last in
Pennsylvania she had moved in with a friend in Dover, York County, Pennsylvania. Plaintiff did
not know that she had returned to Mississippi to reconcile with her Husband.
15. It is admitted that the Complaint avers said facts.
16. It is admitted that the Complaint avers a time line of residences for the minor
child.
17. Denied. The Uniform Child Custody Jurisdictirm Act CLICCJA), 23 Pa. C.S.A.
§5344 provides for jurisdiction in custody actions based upon multiple criteria: home state
jurisdiction, significant contacts jurisdiction, and parens palriae jurisdiction. It is believed and
therefore averred that Pennsylvania has jurisdiction over this matter based upon significant
contacts and parens patfiae jurisdiction.
18. Denied. The Plaintiff's complaint avers that the child has been residing with an
abusive and violent individual who is also a convicted child sex offender. See Exhbit A from the
Mississippi Sex Offender Data Base.
23 Pa. C.S.A. §5344 states:
"A court of this Commonwealth which is competent to decide child custody
matters has jurisdiction to make a child custody determination by initial or
modification decree if:
(3) the child is physically present in this Commonwealth, and:
(i) the child has been abandoned; or
(ii) it is necessary in an emergency to protect the
child because he has been subjected to or threatened
with mistreatment or abuse or is otherwise
neglected or dependent.
A dependent child is a child who "is without proper parental care or control, subsistence,
education as required by law, or other care or control necessary for his physical, mental, or
emotional health, or morals. A determination that there is a lack of proper parental care or control
may be based upon evidence of conduct by the parent, guardian or other custodian that places the
health, safety or welfare of the child at risk..." 42 Pa. C.S.A. §6302.
By placing the child in the home of an abusive pedophile, the Defendant has placed the
health, safety and welfare of the minor child in this case at risk. Therefore, pursuant to 23 Pa.
C.S.A. §5344(a)(3), the Commonwealth of Pennsylvania has jurisdiction over this matter.
19. No answer required.
20. Admitted in part, denied in part. The Defendant resided with the child from
February 2001 until August 2003 when the Plainfiffwent to Mississippi to care for the Defendant
and the minor child. From August 2003 until November 2003, the parties resided together with
the minor child.
21. Denied. The Plaintiff believed that the Defendant intended to return from
Mississippi following her divorce hearing in mid November and that the parties would continue
to reside together. When he learned that the Defendant was attempting to flee with the child he
initiated the instant custody action. Plaintiff avers that the Commonwealth of Pennsylvania does
have jurisdiction over the instant matter per the UCCJA.
WHEREFORE, Plaintiffrequests that Defendant's Preliminary Objections be dismissed
and that the Conciliation Conference in this matter be rescheduled as soon as administratively
possible.
Respectfully Submitted,
Dated:
Timothy J. Geo~uire
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.
130 West Church Street, Suite 100
Dillsburg, PA 17019
(717) 432-9666
I.D. No. 77944
(Attorney for Plaintiff)
EXHIBIT "A"
rqlississippi Sex Offender Data Base Inquiry Page I of 1
Criminal Sex Offender Information
This Address First Reported on: 9125101
Name: JOE CHILDERS
~MES ADE~!~ON Race: WHITE
LEE EDWARD
ALEXANDER
MCCOMB
Sex: MALE
Date of Birth: 7/22/58
BARBARA ANNBLAND
MCCOMB
IERRY A BREAUX SR
MAGNOLIA
BiLLYJOEBUETO
MCCOMB
JOE CHILDERS
Height: 5 ft 11 inches
225 lbs
Eye Color: BLUE
Hair Color: BROWN
UNKNOWN
PIKE COUNTY
Date of Photo: 8/13/01
KELLY R!.C.H~_RD CLAR__K
UNKNOWN Crime Information
Crime Location: PIKE COUNTY, MS
ERNEST E C.Q~KERHAM Conviction Date: 9120196
MAGNOLIA Description: Touching of a child for lustful purposes (Section 97-5-23)
RICH~.R .D CROSSLEY
MCCOMB
D~ID JOHN DAY
MCCOMB
Due to time delays in processing sex offender data, this information
should
be verified with the appropriate Sheriff's Department.
L.E.E..DEER
MCCOMB
AMES EDWARD DIGGS
MCCOMB
CA~N_ CE DJLL_I. pN
VlCCOMB
JASON GAB_BI_E_ _L_EBWI_N_
SUMMIT
RICKY FULGHAM
VICCOMB
MARLON O'NEAL
DSYKA
http://www, sor.mdps.state.ms.us/ 11/19/2003
ANDREW D. MH,LER,
JENNIFER M. CHILDERS,
IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
03-0684
CML ACTION -- LAW
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy of
Plaintiff's Answer to Defendant's Preliminary Objections upon the person(s) and in the manner
indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil
Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as
follows:
Bradley L. Griffie, Esq.
Griffie & Associates
200 North Hanover Street
Carlisle, PA 17013
Respectfully Submitted,
Dated:
By:
Timothy J. C ~o~.~l~ire
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.
130 West Church Street, Suite 100
Dillsburg, PA 17019
(717) 432-9666
I.D. No. 77944
(Attorney for Plaintiff)
VERIFICATION
I, Andrew D. Miller, verify that the statements made in the foregoing document 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 falsification to
authorities.
Date:
ANDREW D. MILLER,
Plaintiff
JENNIFER M. CHILDERS,
Defendant
2003
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 03-6084 CIVIL TERM
: IN CUSTODY
ORDER
day of~
AND NOW, this . ., 200~_, upon presentation of
the within Stipulation of Counsel, IT IS HEREBY ORDERED AND DIRECTED that the
Defendant, Jennifer M. Childers, shall have physical custody of the child, Haley L. Fogle, bom
February 2, 1999, from January 2, 2004 to January 4, 2004, at times to be agreed upon by the
parties and for a period of time to be designated by agreement: between the parties on January 6,
2004. Defendant shall not remove the child from the jurisdiction of the Commonwealth of
Pennsylvania during these periods of physical custody. The entry of this temporary Order does
not effect the claims of the Defendant that the Court of Common Pleas of Cumberland County
lacks jurisdiction in this matter as presented in her Preliminary Objections, nor shall it impact
upon any future proceedings relative to the
proceedings.
appropriate jurisdiction for these custody
ANDREW D. MILLER,
Plaintiff
JENNIFER M. CHILDERS,
Defendant
DE 2003
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLA~ND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 2003 - 6084 CIVIL
: IN CUSTODY
COURTQ~E~
AND NOW, this ~ day of December, 2003, the conciliator being advised that
the Defendant in this case has trded preliminary Objections in the nature of an objection to
jurisdiction and the conciliator having conducted a telephone conference call with the
attorneys for the parties and being advised by the attorneys that a Petition for Special Relief
would be filed with the court and the issue of jurisdiction would be referred directly to a
Judge, the conciliator relinquishes jurisdiction.
BY THE COURT,.
Hubert X. Gilroy/~
Custody C~4~tor
ANDREW D. MILLER,
Plaintiff
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION - LAW
:
: NO. 03-6084 CIVIL TERM
: IN CUSTODY
STIPULATION AND AGREEMENT
The parties hereto, with the concurrence of counsel, stipulate and agree as follows:
Plaintiff, Andrew D. Miller, initiated an action for custody against Defendant,
Jennifer M. Childers, relative to the parties' daughter, Haley L. Fogle, bom February
2, 1999, which action was initiated on November 1 ~c~, 2003.
Based upon the residency of the child, the parties confirm that the County Court of
Pike County, Mississippi, has jurisdiction over the issue of custody of the parties'
daughter.
The parties concur that the action initiated by Defendant against Plaintiff in the
County Court of Pike County, Mississippi, captioned as Jennifer Marie Childers vs.
Andrew Dale Miller, is the proper action to address all issues relative to custody of
the parties' daughter.
The parties acknowledge that at the time of execution of this Stipulation, Plaintiff has
physical custody of the child.
The parties wish to have the Court of Common Pleas of Cumberland County
relinquish jurisdiction of this matter in favor of the County Court of Pike County,
Mississippi, so that all further proceedings relative to custody of the child from this
point forward shall take place in that Court.
JENNIFER M. CHILDERS,
Defendant
6. Plaintiff shall retain physical custody of the child on a temporary basis pending
further Order of Court or agreement of the parties.
7. The County Court of Pike County, Mississippi shall not schedule a hearing in this
matter prior to thirty (30) days from the date of the Order entered upon this
Stipulation in the Court of Common Pleas of Cumberland County, Pennsylvania, to
allow Plaintiff to secure legal counsel in Mississipp:[.
8. The parties wish to have an Order entered in this matter in the form hereinbefore set
forth.
1N WITNESS WHEREOF, the parties hereto intending,, to be legally bound by the terms
hereof, set forth their hands and seals the day and year hereinafter mentioned.
Date
Timothy J. Colg~n~
Attorney for Plaintiff
The Wiley Group
I South Baltimore Street
Dillsburg, ]?A 17019
(717) 432-9666
Date
~"f~f).~, Esquire
~ Dt;fendant
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5;551
(800) 347-5;552
VERIFICATION
I verify that the statements made in the foregoing document 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 unswom falsifications to authorities.
ANDREW D. MILLER
VERIFICATION
I verify that the statements made in the foregoing document 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 falsifications to authorities.
DATE: I - 7_.-~ - Oq
ANDREW D. MILLER,
Plaintiff
JENNIFER M. CHILDERS,
Defendant
IN THE COURT OF COMMON PLEAS~I~ 3 0 2004
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-6084 CIVIL TERM
IN CUSTODY
.ORDER OF COURT
AND NOW, this ffl~ day of',_t~da~., 2004, upon presentation and
consideration of the within Stipulation and Agreement, IT IS HEREBY ORDERED AND
DIRECTED that jurisdiction of the issue of custody of the parties' child, Haley L. Fogle, born
February 2, 1999, is placed with the County Court of Pike County, Mississippi. All further
proceedings relative to custody of the child shall occur in that Court and shall be addressed to the
action filed therein captioned as Jennifer Marie Childers vs. Andrew Dale Miller. Pending
further Order of that Court or agreement of the parties, physical custody of the child shall remain
with Andrew D. Miller on a temporary basis pending a resolution &the custody proceedings in
Mississippi. Pursuant to the parties' Stipulation and Agreement, no hearing shall be scheduled
on the matter in Mississippi before thirty (30) days from the date of this Order to afford Plaintiff
the opportunity to secure legal counsel in Mississippi. This Court hereby relinquishes
jurisdiction of this matter.
By the Cou~rtr--..
Edgar B. Bayley
Judge