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HomeMy WebLinkAbout08-2054TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 MARTIN L. MILLER, § Plaintiff § V. § STACY S. SMITH, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. U$ - aosy LTi u ? L ` e2j--?'t CIVIL ACTION - IN CUSTODY CUSTODY COMPLAINT AND NOW, comes the Plaintiff, Martin L. Miller, by and through his attorney, Tanner Law Offices, LLC, and represents as follows: 1. Plaintiff is Martin L. Miller, an adult individual currently residing at 210 Senate Avenue, Apartment 326, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Stacy S. Smith, an adult individual currently residing at 117 South 2nd Street, Wormleysburg, Cumberland County, Pennsylvania 17043. 3. Plaintiff avers that there are two children of the parties under the age of 18, namely: Madison L. Miller, DOB: 11/24/2003, and Xander R. Miller, DOB: 5/23/2005. 4. Plaintiff hereby seeks primary physical custody and joint legal custody of the above- mentioned children. 5. The children were born out of wedlock. 6. The children are presently in the custody of Defendant, who resides at 117 South 2nd 7. Street, Wormleysburg, Cumberland County, Pennsylvania 17043. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address: Dates: Defendant 117 South 2nd Street 3/27/2008 - Present Wormleysburg, PA 17043 Defendant 117 South 2nd Street 3/14/08 - 3/26/2008 Janet Fritz (Def's Mother) Wormleysburg, PA 17043 Plaintiff 117 South 2nd Street 7/2006 - 3/14/2008 Defendant Wormleysburg, PA 17043 Plaintiff 23 Brentwood Street 12/2004 - 7/2006 Defendant Camp Hill, PA 17011 Plaintiff 2001 Rupley Road 11/2003 - 12/2004 Defendant Camp Hill, PA 17011 8. 9. 10. 11. 12. 13. The mother of the children is Defendant, Stacy S. Smith, currently residing at 117 South 2nd Street, Wormleysburg, Cumberland County, Pennsylvania, 17043. The father of the children is Plaintiff, Martin L. Miller, currently residing at 210 Senate Avenue, Apartment 326, Camp Hill, Cumberland County, Pennsylvania 17011. The relationship of the Plaintiff to the children is that of father. The relationship of the Defendant to the children is that of mother. The Plaintiff currently resides with his mother, Margaret Miller. Plaintiff has not participated as a party in other litigation concerning the custody of the Children 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 children or claims to have custody or visitation rights with respect to the children. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 16. The best interest and permanent welfare of the children will be served by granting the relief requested. The quality of the Children's physical, intellectual, moral and spiritual environment would be improved by Plaintiff's continued primary care-taking in the Children's lives. Defendant has a history of psychiatric problems which are compounded by her use of alcohol and street drugs which create a situation in which she is unable to properly care for the children. In addition, she has stated to Plaintiff that she has taken the children to regular well-checks at the doctors office. Plaintiff recently found out that the parties' 2 year old has not been to a well- check since he was 9 months old and has not had all of his immunizations. Plaintiff is very concerned for the well-being of his children and Defendant is withholding custody of the children. WHEREFORE, Plaintiff requests that the Court grant the parties joint legal custody of the children and grant Plaintiff primary physical custody of the children. Respectfully submitted, By: 74ze°•c./l? A 7-a'x4.? Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Martin L. Miller, Plaintiff U l -i ? CJ 7 oz? MARTIN L. MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STACY S. SMITH DEFENDANT 2008-2054 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 04, 2008 , 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 Wednesday, April 30, 2008 at 2:00 PM 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/ john j. Mangan, r. 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 rin -li-h SS `? ?? MAY 012008 MARTIN L. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION LAW STACY S. SMITH, IN CUSTODY Defendant ORDER OF COURT th AND NOW this ?o day of May 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Martin L. Miller, and the Mother, Stacy S. Smith, shall have shared legal custody of Madison L. Miller, born 11/24/2003 and Xander R. Miller, born 5/23/2005. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Father shall have primary physical custody of the Children starting May 1, 2008 at 4:00 pm subject to Mother's partial physical custody as follows: a. Commencing 5/5/2008, Mother shall have physical custody of the Children from Monday 9:00 am until Wednesday 12:00 pm every week. The exchange location shall be at the Riverview Diner absent mutual agreement otherwise. b. Should Mother or Father not be able to pick the Children up at the above- mentioned times, the party not being able to pick up Children shall notify the other parent by 8:00 pm the night before the exchange day. Should either party be more than fifteen minutes late for the exchange of the Children, that late parry shall promptly notify the other party via telephone of the delay. C. Mother shall have additional periods of physical custody of the Children as mutually agreed to. 3. Mother and Father shall make ensure that proper car seats/restraints are used during the transportation of the Children. 4. Holidays: Mother shall have physical custody of the Children on Mother's Day from 9:00 am until 6:00 pm. All other holidays shall be addressed at the status update conference. Mother shall continue with her mental health treatment/counseling as recommended and adhere to her treating professional's recommendations and prescribed medications. 6. Counsel for the parties shall jointly draft correspondence to Mother's treating professionals stating their respective positions and request from Mother's treating professionals, based on their interactions and treatment of Mother, a position in writing on Mother's ability to co-parent 0 the Children and whether increased overnights or shared physical custody would be appropriate. The Children's safety and well-being shall be of paramount concern and focus of said professional position. 7. Both Mother and Father are directed to schedule and undergo a drug and alcohol evaluation and follow any and all recommendations from the evaluation. Prior to the parents undergoing said evaluation, counsel for the parties shall jointly draft correspondence to the evaluator stating their respective positions regarding the other parent's potential drug and alcohol issues for consideration by the evaluator. 8. The directives of paragraphs 6 and 7 shall be accomplished within sixty days of this Order. 9. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children'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 Children. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 12. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. 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. A status update conference is hereby scheduled with the assigned Conciliator on June 30, 2008 at 10:30 am at the Court of Common Pleas, Carlisle, PA 17013. By the Court, distribution: ? Tabetha Tanner, Esquire, 1300 Market Street, Ste 10, Lemoyne, PA 17043 Grace D'Alo, Esquire ?John J. Mangan, Esquire env( rECL s`` jab ?' YINVAIASWd AIM J`?" 61 :9 WV 9- AN MOZ AMONC? Hi(Ydd Hl JO 3OU40-WJH MARTIN L. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION LAW STACY S. SMITH, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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: Name Date of Birth Currently in the Custody of Madison L. Miller I 1 /24/2003 Primary Mother Xander R. Miller 5/23/2005 Primary Mother 2. A Conciliation Conference was held with regard to this matter on April 30, 2008 with the following individuals in attendance: The Mother, Stacy Smith, with her counsel, Grace D'Alo, Esq. The Father, Martin L. Miller, with his counsel, Tabetha A. Tanner, Esq. 3. The parties agreed to the entry of an Order in the form as attached, however Mother does not agree to an extended period of time in regard to the custodial situation as recommended. 51/ eo ir Date Jo an, squire C stody onciliator Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, Plaintiff V. STACY S. SMITH, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 2008-2054 CV DV § CIVIL ACTION - IN CUSTODY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Tabetha A. Tanner Esquire, attorney for Martin Miller, Plaintiff, certifies that (1) A Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: :12L kyw? Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § Plaintiff § V. § STACY S. SMITH, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2054 CV DV CIVIL ACTION - IN CUSTODY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Martin L. Miller, Plaintiff, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. X60zor Date Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § Plaintiff § V. § STACY S. SMITH, § Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2054 CV DV CIVIL ACTION - IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Behavioral Health Center York Hospital 1001 South George Street York, PA 17405 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Medical Records for Stacey S. Smith from January 1, 2002 to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Martin L. Miller, Plaintiff. Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 BY THE COURT: .-%. : CA" 20U8 _ By: W-1 L of Die Pro otary e. Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § IN THE COURT OF COMMON PLEAS OF Plairitlff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2008-2054 CV DV STACY S. SMITH, § CIVIL ACTION - IN CUSTODY Defendant NOTICE To York Hospital Representative: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on Date: have been produced. York Hospital Representative 7) FF7 i, -< T riles Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, Plaintiff V. STACY S. SMITH, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 2008-2054 CV DV § CIVIL ACTION - IN CUSTODY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Tabetha A. Tanner Esquire, attorney for Martin Miller, Plaintiff, certifies that (1) A Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: S 1/0 r 4 7A/9t; ? I p?r_ Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 J Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2008-2054 CV DV STACY S. SMITH, § CIVIL ACTION - IN CUSTODY Defendant § NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Martin L. Miller, Plaintiff, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. yl30/tl-r Date Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2008-2054 CV DV STACY S. SMITH, § CIVIL ACTION - IN CUSTODY Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Jennifer Bamford, MD 212 Rosedale Drive Manchester, PA 17345 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Medical Records for Stacey S. Smith from January 1, 2008 to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Martin L. Miller, Plaintiff. Da Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 BY THE COURT: By: s Prothon tary Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2008-2054 CV DV STACY S. SMITH, § § CIVIL ACTION - IN CUSTODY Defendant NOTICE To Dr. Jennifer Bamford: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. OR THINGS PURSUANT TO RULE 4009.23 certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Date: Jennifer Bamford, M.D. C10 .• Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § Plaintiff § V. § STACY S. SMITH, § Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2054 CV DV CIVIL ACTION - IN CUSTODY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Tabetha A. Tanner Esquire, attorney for Martin Miller, Plaintiff, certifies that (1) A Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: S-/a/ 0 r Crib in?ir Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 f . Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN' L. MILLER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2008-2054 CV DV STACY S. SMITH, § CIVIL ACTION - IN CUSTODY Defendant § NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Martin L. Miller, Plaintiff, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. y1 mla- Date n?a?? Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 I . Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § Plaintiff § V. § STACY S. SMITH, § Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2054 CV DV CIVIL ACTION - IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore Regional Police Department 510 Herman Avenue Lemoyne, PA 17043 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Police Records regarding a call to 117 South 2nd Street, Wormleysburg, PA 17043 on or about March 19, 2008. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Martin L. Miller, Plaintiff. 2060 Dat 00 f Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 BY THE COURT: By: Js/ _ Prothonotary t Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2008-2054 CV DV STACY S. SMITH, § CIVIL ACTION - IN CUSTODY Defendant NOTICE To West Shore Regional Police Department: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on Date: have been produced. West Shore Regional Police Dept. Representative - ? I ( .. ?a } 1` Col .? Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § Plaintiff § V. § STACY S. SMITH, § Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2054 CV DV CIVIL ACTION - IN CUSTODY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Tabetha A. Tanner Esquire, attorney for Martin Miller, Plaintiff, certifies that (1) A Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: ?-L 14 x /C,, ? Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 (717) 731-8114 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne PA 17043 , 4h Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2008-2054 CV DV STACY S. SMITH, § CIVIL ACTION - IN CUSTODY Defendant § NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Martin L. Miller, Plaintiff, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. 430/o K Date Led, A. Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 ;A Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, Plaintiff V. STACY S. SMITH, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 2008-2054 CV DV § CIVIL ACTION - IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Behavioral Health Center Holy Spirit Hospital 503 North 21' Street Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Medical Records for Stacey S. Smith from January 1, 2008 to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order w compelling you to comply with it. This subpoena was issued at the request of the following person: Martin L. Miller, Plaintiff. ?Q? 4 ? /cu?n?t, Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 BY THE COURT: D to Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2008-2054 CV DV STACY S. SMITH, § CIVIL ACTION - IN CUSTODY Defendant NOTICE To Holy Spirit Hospital Representative: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on Date have been produced. Holy Spirit Hospital Representative CK.j SID, Z? ry Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § Plaintiff § V. § STACY S. SMITH, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2054 CV DV CIVIL ACTION - IN CUSTODY OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Martin L. Miller, Plaintiff, objects to the proposed subpoena that is attached to these objections for the following reasons: 1. The information sought in this subpoena is overly broad. 2. "Any police records containing information related to Martin L. Miller .." could include any report in which he may have been a witness, victim and so forth. 3. The subpoena is not limited to any time period. 4. "Any police records containing information related to Martin L. Miller ..." is irrelevant as it pertains to the current custody of the parties two minor children. WHEREFORE, Plaintiff requests that Defendant not be permitted to serve the attached subpoena. Respectfully Submitted, 16161 Date --/a"a A -1axrw4- - Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Stacy S. Smith, Defendant, intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made the subpoena may be served. Date: Q U All N" 243'-t Ja 1 ? 'a4 ce E. D'Alo, Esq. orney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Harrisburg Police Department 123 Walnut Street Harrisburg, PA 17101 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Police Records containing information related to Martin L. Miller, who may be identified by one or more of the following items of personal information; date of birth on or about 12/04/1968 through 12/05/1968, social security number 206-64-6344, drivers' license number 21 802 862. at MidPenn Legal Services, 401 E. Louther St. Carlisle, PA 17013. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Stacey S. Smith, Defendant. Date: Date: i ace E. D'Alo, Esq. omey for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 BY THE COURT: By (Prothonotary) MARTIN L. MILLER Plaintiff V. STACY S. SMITH - Defendant To Harrisburg Police Department: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. (date) Date: Harrisburg Police Department Representative s `y w . V Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2008-2054 CV DV STACY S. SMITH, § CIVIL ACTION - IN CUSTODY Defendant § OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Martin L. Miller, Plaintiff, objects to the proposed subpoena that is attached to these objections for the following reasons: 1. The information sought in this subpoena is overly broad. 2. "Any police records containing information related to Martin L. Miller ..." could include any report in which he may have been a witness, victim and so forth. 3. The subpoena is not limited to any time period. 4. "Any police records containing information related to Martin L. Miller ..." is irrelevant as it pertains to the current custody of the parties two minor children. WHEREFORE, Plaintiff requests that Defendant not be permitted to serve the attached subpoena. -7 7 Date Respectfully Submitted, I G??? H ?G%?2rtp? Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Stacy S. Smith, Defendant, intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made the subpoena may be served. Date: ce E. D'Alo, Esq. Agbrney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: West Shore Regional Police Department 510 Herman Ave Lemoyne, PA 17043 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Police Records containing information related to Martin L. Miller, who may be identified by one or more of the following items of personal information; date of birth on or about 12/04/1968 through 12/05/1968, social security number 206-64-6344, drivers' license number 218 02 862. at MidPenn Legal Services, 401 E. Louther St. Carlisle, PA 17013. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Stacey S. Smith, Defendant. Date:Q(jfyk1- l- imce hA, loEsq. y fo r Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 BY THE COURT: Date: By (Prothonotary) MARTIN L. MILLER Plaintiff v. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY NOTICE To West Shore Regional Police Department: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. (date) Date: Representative West Shore Regional Police Department clr .^ .. ?A " ? C . ? e .s Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § Plaintiff § V. § STACY S. SMITH, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2054 CV DV CIVIL ACTION - IN CUSTODY OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Martin L. Miller, Plaintiff, objects to the proposed subpoena that is attached to these objections for the following reasons: 1. The information sought in this subpoena is overly broad. 2. "Any police records containing information related to Martin L. Miller ..." could include any report in which he may have been a witness, victim and so forth. 3. The subpoena is not limited to any time period. 4. "Any police records containing information related to Martin L. Miller ..." is irrelevant as it pertains to the current custody of the parties two minor children. WHEREFORE, Plaintiff requests that Defendant not be permitted to serve the attached subpoena. Respectfully Submitted, -7J716g Date 71a4e,? k -/ane7? Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Stacy S. Smith, Defendant, intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made the subpoena may be served. Date: J? q a??E- ?) ?Jae E. D'Alo, Esq. A tturney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: East Pennsboro Police Department 98 Enola Dr. Enola, PA 17025 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Police Records containing information related to Martin L. Miller, who may be identified by one or more of the following items of personal information; date of birth on or about 12/04/1968 through 12/05/1968, social security number 206-64-6344, drivers' license number 21 802 862. at MidPenn Legal Services, 401 E. Louther St. Carlisle, PA 17013. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Stacey S. Smith, Defendant. DatQ? Date: C a e E. D'Alo, Esq. A orney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 BY THE COURT: By (Prothonotary) MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant NOTICE To East Pennsboro Police Department: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Date: (date) East Pennsboro Police Department Representative r..+ E'??r,, C. °? ? r ..? f?"? ("? 4 ?. L } ?..i/ ?,. ? \ J r . C f v . ? s?. N+ - ? y . guild' ' " w ? ^- ? 4. Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2008-2054 CV DV STACY S. SMITH, § CIVIL ACTION - IN CUSTODY Defendant § OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Martin L. Miller, Plaintiff, objects to the proposed subpoena that is attached to these objections for the following reasons: 1. The information sought in this subpoena is overly broad. 2. "Any police records containing information related to Martin L. Miller ..." could include any report in which he may have been a witness, victim and so forth. 3. The subpoena is not limited to any time period. 4. "Any police records containing information related to Martin L. Miller ..." is irrelevant as it pertains to the current custody of the parties two minor children. WHEREFORE, Plaintiff requests that Defendant not be permitted to serve the attached subpoena. Respectfully Submitted, --7 IDate Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Stacy S. Smith, Defendant, intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made the subpoena may be served. Date: Q k - 0 CC 06 Jorn e E . D'Alo, Esq. ey for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Silver Spring Township Police Department 6475 Carlisle Pike Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Police Records containing information related to Martin L. Miller, who may be identified by one or more of the following items of personal information; date of birth on or about 12/04/1968 through 12/05/1968, social security number 206-64-6344, drivers' license number 21 802 862. at MidPenn Legal Services, 401 E. Louther St. Carlisle, PA 17013. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it This subpoena was issued at the request of the following person: Stacey S. Smith, Defendant. Date: 200'-6 ace E. D'A1o, Esq. orney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 Date: BY THE COURT: By (Prothonotary) MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY NOTICE To Silver Spring Township Police Department: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. (date) Date: Representative Silver Spring Township Police Department C? ? tJ ??, m ? ? ? r?s ?r . ? 9 w ? $ ^ ? rt . am ? y .Y? ? ' 4 ? e • -,sue' ..^? ? Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Facsimile (717) 731-8115 MARTIN L. MILLER, § Plaintiff § V. § STACY S. SMITH, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2054 CV DV CIVIL ACTION - IN CUSTODY OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Martin L. Miller, Plaintiff, objects to the proposed subpoena that is attached to these objections for the following reasons: 1. The information sought in this subpoena is overly broad. 2. "Any police records containing information related to Martin L. Miller ..." could include any report in which he may have been a witness, victim and so forth. 3. The subpoena is not limited to any time period. 4. "Any police records containing information related to Martin L. Miller ..." is irrelevant as it pertains to the current custody of the parties two minor children. WHEREFORE, Plaintiff requests that Defendant not be permitted to serve the attached subpoena. Respectfully Submitted, -71-7169- Date Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Stacy S. Smith, Defendant, intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made the subpoena may be served. Date: LAM L ce . D'Alo, Esq. orney for Defendant Supreme Court ID # 26146 M1dPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Hampden Township Police Department 230 S. Sporting Hill Rd. Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Police Records containing information related to Martin L. Miller, who may be identified by one or more of the following items of personal information; date of birth on or about 12/04/1968 through 12/05/1968, social security number 206-64-6344, drivers' license number 21 802 862. at MidPenn Legal Services, 401 E. Louther St. Carlisle, PA 17013. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Stacey S. Smith, Defendant. Date: 2onli?; Date: ce E. D'Alo, Esq. tt rney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 BY THE COURT: By (Prothonotary) MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY NOTICE To Hampden Township Police Department: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. (date) Date: Representative Hampden Township Police Department ra C M .. M 4.D 1 C- rn -? MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Stacy S. Smith certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party. Plaintiff, by and through his attorney Tabetha A. Tanner, has waived the provision that such copy be mailed or delivered at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received, and; (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date:77 (Z o Ia E, acl Vce E. D'Alo, Esq. orney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Stacy S. Smith, Defendant, intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made the subpoena may be served. Date: -1 (2 JOS ?G"e E. D'Alo, Esq. Attorney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Hampden Township Police Department 230 S. Sporting Hill Rd. Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Police Records dating from January 1, 2003 containing information related to Martin L. Miller, who may be identified by one or more of the following items of personal information; date of birth on or about 12/04/1968 through 12/05/1968, social security number 206-64-6344, drivers' license number 21 802 862. at MidPenn Legal Services, 401 E. Louther St. Carlisle, PA 17013. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Stacey S. Smith, Defendant. Date: WoArney e E. D'Alo, Esq. for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 Date: BY THE COURT: By (Prothonotary) i MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant NOTICE To Hampden Township Police Department: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on (date) have been produced. Date: Representative Hampden Township Police Department na -Ti -r. 4-7 f'J Y 4. - ' ?a 1Cr MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Stacy S. Smith certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party. Plaintiff, by and through his attorney Tabetha A. Tanner, has waived the provision that such copy be mailed or delivered at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received, and; (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: :I/ ?::q (E. D'A10 Esq. f ey for for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Stacy S. Smith, Defendant, intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made the subpoena may be served. Date: 7) ( 2 ce E. D'Alo, Esq. A orney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Silver Spring Township Police Department 6475 Carlisle Pike Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: Police Records dating from January 1, 2003 containing information related to Martin L. Miller, who may be identified by one or more of the following items of personal information; date of birth on or about 12/04/1968 through 12/05/1968, social security number 206-64-6344, drivers' license number 21 802 862. at MidPenn Legal Services, 401 E. Louther St. Carlisle, PA 17013. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Stacey S. Smith, Defendant. Date: jornace ED'Alo, Esq. ey for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 Date: BY THE COURT: By (Prothonotary) MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY NOTICE To Silver Spring Township Police Department: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on (date) have been produced. Date: Representative Silver Spring Township Police Department C75 CS? MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Stacy S. Smith certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party. Plaintiff, by and through his attorney Tabetha A. Tanner, has waived the provision that such copy be mailed or delivered at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received, and; (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: :112-4 (? G E. D'Alo, Esq. Attorney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Stacy S. Smith, Defendant, intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made the subpoena may be served. Date: ZJ?. Lk?- r ` GjUce E. D'Alo, Esq. Attorney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Harrisburg Police Department 123 Walnut Street Harrisburg, PA 17101 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Police Records dating from January 1, 2003 containing information related to Martin L. Miller, who may be identified by one or more of the following items of personal information; date of birth on or about 12/04/1968 through 12/05/1968, social security number 206-64-6344, drivers' license number 21 802 862. at MidPenn Legal Services, 401 E. Louther St. Carlisle, PA 17013. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Stacey S. Smith, Defendant. Date: E -, ?) , a e E. D'Alo, Esq. A mey for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 BY THE COURT: Date: By (Prothonotary) I - MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant To Harrisburg Police Department: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on _ (date) have been produced. Date: Harrisburg Police Department Representative N ' v ?t " ? Cam- ?- "t'? ..• _, is ? r? ? rn ?- r ?; ;?-?: ? ? ? ?.r +3 .w `, ` ?rt ; _ ?'a,. _ .... y ??? t,i> MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Stacy S. Smith certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party. Plaintiff, by and through his attorney Tabetha A. Tanner, has waived the provision that such copy be mailed or delivered at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received, and; (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: Z,4 Lc? 1q, zla_ e E. D'AIo, Esq. Attorney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Stacy S. Smith, Defendant, intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made the subpoena may be served. Date: 6' ?-Ca G a e E. D'Alo, Esq. A omey for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: West Shore Regional Police Department 510 Herman Ave Lemoyne, PA 17043 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Police Records dating from January 1, 2003 containing information related to Martin L. Miller, who may be identified by one or more of the following items of personal information; date of birth on or about 12/04/1968 through 12/05/1968, social security number 206-64-6344, drivers' license number 21 802 862. at MidPenn Legal Services, 401 E. Louther St. Carlisle, PA 17013. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it This subpoena was issued at the request of the following person: Stacey S. Smith, Defendant. Date: ?- a e E. D'Alo, Esq. Attorney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 Date: BY THE COURT: By (Prothonotary) MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY NOTICE To West Shore Regional Police Department: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on (date) have been produced. Date: Representative West Shore Regional Police Department ('3 ?? / 4 l.r? -'r1 C?. r ? ? ? : 4 ^' ? }, ; „'?? :? -+ •. • ? C..?v MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Stacy S. Smith certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party. Plaintiff, by and through his attorney Tabetha A. Tanner, has waived the provision that such copy be mailed or delivered at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received, and; (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. -7 ? 101:6 Date: ce E. D'Alo, Esq. A orney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION STACY S. SMITH IN CUSTODY Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Stacy S. Smith, Defendant, intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made the subpoena may be served. Date: `T Q -C. , (; ? ? Gra e E. D'Alo, Esq. Attorney for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: East Pennsboro Police Department 98 Enola Dr. Enola, PA 17025 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Police Records dating from January 1, 2003 containing information related to Martin L. Miller, who may be identified by one or more of the following items of personal information; date of birth on or about 12/04/1968 through 12/05/1968, social security number 206-64-6344, drivers' license number 21 802 862. at MidPenn Legal Services, 401 E. Louther St. Carlisle, PA 17013. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Stacey S. Smith, Defendant. Date: JoaLcernt DAlo, Esq. ey for Defendant Supreme Court ID # 26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 (717) 243-9400 BY THE COURT: Date: By (Prothonotary) 4 MARTIN L. MILLER Plaintiff V. STACY S. SMITH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION IN CUSTODY NOTICE To East Pennsboro Police Department: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on (date) have been produced. Date: East Pennsboro Police Department Representative ?' =n C) -? ?:? ??? ? c..W ? -n ' : ' . ., , ,..j ?....... .. °f?: ' ._ F °t*+ ^'(^# ° ?-,? .! ?;} 1P. 0 AUG 0 4 Zko6 5 MARTIN L. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION LAW STACY S. SMITH, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this day of August 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated May 6, 2008 is hereby VACATED. 2. Legal Custody: The Father, Martin L. Miller, and the Mother, Stacy S. Smith, shall have shared legal custody of Madison L. Miller, born 11/24/2003 and Xander R. Miller, born 5/23/2005. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Father shall have primary physical custody of the Children subject to Mother's partial physical custody as follows: a. Mother shall have physical custody of the Children from Monday 9:00 am until Wednesday 4:00 pm every week. The exchange location shall be at the Riverview Diner absent mutual agreement otherwise. b. Should Mother or Father not be able to pick the Children up at the above- mentioned times, the party not being able to pick up Children shall notify the other parent by 8:00 pm the night before the exchange day. Should either party be more than fifteen minutes late for the exchange of the Children, that late party shall promptly notify the other party via telephone of the delay. C. Mother shall have additional periods of physical custody of the Children as mutually agreed to. 4. Mother and Father shall make ensure that proper car seats/restraints are used during the transportation of the Children. 5. Holidays: Mother shall have physical custody of the Children on Mother's Day from 9:00 am until 6:00 pm. All other holidays shall be addressed at the status update conference. 6. Mother shall continue with her mental health treatment/counseling as recommended and adhere to her treating professional's recommendations and prescribed medications. 7. Both Mother and Father have agreed and are directed to schedule and undergo a drug and alcohol evaluation and follow any and all recommendations from the evaluation. 8. The parties have agreed that if it is economically feasible, the parties shall engage in parenting classes with a mutually agreed upon professional. In the absence of agreement, Alternative Behavioral Consultants shall be utilized. 9. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children'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 Children. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 12. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. 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. 14. A status update conference is hereby scheduled with the assigned Conciliator on September 4, 2008 at 1:00 pm at the Court of Common Pleas, Carlisle, PA 17013. By the Court, ?k_? - I J.__ Distribution: wTa'betha Tanner, Esquire, ,Trace D'Alo, Esquire pJ6hn J. Mangan, Esquire 1300 Market Street, Ste 10, Lemoyne, PA 17043 J S, - 5 I'D V e 2 E" I u,,.;t.id 3HI ?Cj MARTIN L. MILLER, Plaintiff V. STACY S. SMITH, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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: Name Date of Birth Currently in the Custody of Madison L. Miller 11/24/2003 Primary Father Xander R. Miller 5/23/2005 Primary Father 2. A Conciliation Conference was held with regard to this matter on April 30, 2008, an Order of Court issued May 6, 2008 and an update conference was held June 30, 2008 with the following individuals in attendance: The Mother, Stacy Smith, with her counsel, Grace D'Alo, Esq. The Father, Martin L. Miller, with his counsel, Tabetha A. Tanner, Esq. 3. The undersigned recommends the entry of an Order in the form as attached. ?d ---? Date John gan, Esquire(- Custody onciliator A% SFP 0 5 Z90084 MARTIN L. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION LAW STACY S. SMITH, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT -t AND NOW this h day of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court entered in the instant matter are hereby VACATED. 2. Legal Custody: The Father, Martin L. Miller, and the Mother, Stacy S. Smith, shall have shared legal custody of Madison L. Miller, born 11/24/2003 and Xander R. Miller, born 5/23/2005. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Father shall have primary physical custody of the Children subject to Mother's partial physical custody as follows: a. Commencing September 5, 2008, Mother shall have physical custody of the Children from Friday 6:00 pm until Sunday 6:00 pm two (2) weekends per month pursuant to a schedule that accommodates both parties. During these periods of physical custody, Mother shall have an appropriate adult present at all times: Janet Fitts (maternal grandmother), Kody Buck (half-brother) or some other mutually agreed upon adult. The exchange location shall be at the Riverview Diner absent mutual agreement otherwise. b. Should Mother or Father not be able to pick the Children up at the above- mentioned times, the party not being able to pick up Children shall notify the other parent by 8:00 pm the night before the exchange day. Should either party be more than fifteen minutes late for the exchange of the Children, that late party shall promptly notify the other party via telephone of the delay. C. Mother shall have additional periods of physical custody of the Children as mutually agreed to. 4. Mother and Father shall make ensure that proper car seats/restraints are used during the transportation of the Children. 5. Holidays: The holidays shall be addressed at the scheduled status update conference. 6. Mother shall continue with her mental health treatment/counseling as recommended and adhere to her treating professional's recommendations and prescribed medications and refrain from alcohol consumption contrary to her medications and to the point of intoxication. 7. The parties have agreed that if it is economically feasible, the parties shall engage in parenting classes with a mutually agreed upon professional. In the absence of agreement, Alternative Behavioral Consultants shall be utilized. 8. Telephone contact: The non-custodial parent shall have contact with the Children at 10:00 am every day whereby the custodial parent shall initiate said call. 9. Neither parry may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children'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 Children. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. 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. 13. A status update conference is hereby scheduled with the assigned Conciliator on December 15, 2008 at 10:00 am at the Court of Common Pleas, Carlisle, PA 17013. By the Court, istribution: J?abetha Tanner, Esquire, 1300 Market Street, Ste 10, Lemoyne, PA 17043 ace D'Alo, Esquire ? John J. Mangan, Esquire do r 'es rn ?F r &.C?( 9/s, l-'oe Ic =Z'?1 q :u tn'd S- d S floz MARTIN L. MILLER, Plaintiff V. STACY S. SMITH, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CWM 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: Name Date of Birth Currently in the Custody of Madison L. Miller 11/24/2003 Primary Father Xander R. Miller 5/23/2005 Primary Father 2. A Conciliation Conference was held with regard to this matter on April 30, 2008, an Order of Court issued May 6, 2008, an update conference was held June 30, 2008, an Order issued August 5, 2008, a telephone conference held August 28, 2008 and an updated conference held September 4, 2008 with the following individuals in attendance: The Mother, Stacy Smith, with her counsel, Grace D'Alo, Esq. The Father, Martin L. Miller, with his counsel, Tabetha A. Tanner, Esq. 3. The undersigned recommends the entry of an Order in the form as attached. Date John J , Esquire Cust dy Conciliator a MARTIN L. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2054 CIVIL ACTION LAW STACY S. SMITH, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT At AND NOW this I ( day of December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court entered in the instant matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the U11' day of r , 2009 at /V:O am/ in Courtroom number 5 in the Cumberland County Court by Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Martin L. Miller, and the Mother, Stacy S. Smith, shall have shared legal custody of Madison L. Miller, born 11/24/2003 and Xander R. Miller, born 5/23/2005. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: The Father shall have primary physical custody of the Children subject to Mother's partial physical custody as follows: a. Commencing September 5, 2008, Mother shall have physical custody of the Children from Friday 6:00 pm until Sunday 6:00 pm two (2) weekends per month pursuant to a schedule that accommodates both parties. During these periods of physical custody, Mother shall have an appropriate adult present at all times: Janet Fitts (maternal grandmother), Kody Buck (half-brother) or some other mutually agreed upon adult. The exchange location shall be at the Riverview Diner absent mutual agreement otherwise. P P? ? "?vf t?? 9 C =C Wd L 1 330 OOOZ b. Should Mother or Father not be able to pick the Children up at the above- mentioned times, the party not being able to pick up Children shall notify the other parent by 8:00 pm the night before the exchange day. Should either party be more than fifteen minutes late for the exchange of the Children, that late party shall promptly notify the other party via telephone of the delay. C. Mother shall have additional periods of physical custody of the Children as mutually agreed to. 5. Mother and Father shall make ensure that proper car seats/restraints are used during the transportation of the Children. 6. Holidays: Mother shall have physical custody of the Children from 12:00 pm on 12/25/08 until 6:00 pm on 12/28/08 pursuant to the criteria set forth in paragraph 4 set forth above. All other holiday periods shall be arranged by mutual agreement or determined at the scheduled custody hearing. 7. Mother shall continue with her mental health treatment/counseling as recommended and adhere to her treating professional's recommendations and prescribed medications and refrain from alcohol consumption contrary to her medications and to the point of intoxication. 8. The parties have agreed that if it is economically feasible, the parties shall engage in parenting classes with a mutually agreed upon professional. In the absence of agreement, Alternative Behavioral Consultants shall be utilized. 9. Telephone contact: The non-custodial parent shall have contact with the Children at 10:00 am every day whereby the custodial parent shall initiate said call. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children'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 Children. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 12. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. 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. By the Court, istribution: betha Tanner, Esquire, 1300 Market Street, Ste 10, Lemoyne, PA 17043 p ce D'Alo, Esquire .,hn J. Mangan, Esquire Gopt'Es MZIL'4CL Ia/t 9l 08 MARTIN L. MILLER, Plaintiff V. STACY S. SMITH, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2054 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. 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: Name Date of Birth Currently in the Custody of Madison L. Miller 11/24/2003 Primary Father Xander R. Miller 5/23/2005 Primary Father 2. A Conciliation Conference was held with regard to this matter on April 30, 2008, an Order of Court issued May 6, 2008, an update conference was held June 30, 2008, an Order issued August 5, 2008, a telephone conference held August 28, 2008, an updated conference held September 4, 2008, an Order issued September 5, 2008 and a telephonic status conference was held December 15, 2008 with the following individuals in attendance: The Mother, Stacy Smith, by and through her counsel, Grace D'Alo, Esq. The Father, Martin L. Miller, with his counsel telephonically, Tabetha A. Tanner, Esq. 3. Mother's position on custody is as follows: Mother asserts that her visits have gone well since the last conciliation conference and that maternal grandmother has been assisting with the supervised visits. Mother asserts that she has taken the appropriate steps to address her mental health concerns. Mother desires to transition into unsupervised custody of her Children. 4. Father's position on custody is as follows: Father asserts that there have been some concerns regarding how Mother's custodial periods have went with supervision. Father alleges that Mother's overall condition has deteriorated and that Mother has not made sufficient progress to warrant unsupervised custodial periods. Father notes that Mother has unresolved legal issues pending. Father asserts that the status quo with supervised custodial periods for Mother is appropriate. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: John J. M gan s uire Custody onci iator TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff MARTIN L. MILLER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2008-2054 CV DV STACY S. SMITH, § CIVIL ACTION - IN CUSTODY Defendant PETITION OF PLAINTIFF'S COUNSEL FOR LEAVE TO WITHDRAW APPEARANCE The petition of Tabetha A. Tanner, Esquire, respectfully represents the' following: 1. The action was filed by Plaintiff, April 1, 2008 via a Complaint for Custody. 2. Plaintiff and Petitioner entered into a representation agreement with respect to the custody action on or about March 24, 2008. 3. Plaintiff agreed by signing the Representation Agreement that "if fees or costs are owing, payment is due no later than thirty (30) days from the date the bill is presented ... If such a payment is not timely paid [we] reserve the right to suspend services until satisfactory arrangements are made or, if necessary, to end our services." 4. Throughout the course of representation, Petitioner sent Plaintiff regular monthly statements reflecting the fees and costs owed for services rendered with regard to the above-referenced matter. 5. In addition to the regular monthly statements, Petitioner sent Plaintiff a letter on August 20, 2008 indicating that the custody conciliation was scheduled for September 4, 2008 and requesting that the outstanding balance be paid prior to the conciliation. 6. Petitioner sent Plaintiff a letter on September 18, 2008 forwarding the September 5, 2008 order and again asking Plaintiff to make regular payments so that the balance would be current as of the next conference on December 15, 2008. 7. Petitioner sent Plaintiff a letter on November 25, 2008 reminding Plaintiff of his outstanding balance, of the December 15, 2008 conference, and that his balance would have to be paid in full prior to the conference. 8. Prior to the December 15, 2008 conference, Plaintiff spoke with Petitioner and stated that he would have the bill paid in full on or before January 1, 2009. Based on this representation, Petitioner continued to represent Plaintiff at the December 15, 2008 conference. 9. Petitioner sent Plaintiff a letter on December 23, 2008 forwarding the December 16, 2008 order, notifying the Plaintiff of the May 6, 2009 hearing, and reminding the Plaintiff of their agreement that his balance would be paid in full on or about January 1, 2009. 10. Petitioner sent Plaintiffa letter on February 5, 2009 reminding Plaintiffofhis outstanding balance and their agreement that he would pay the balance by January 1, 2009, explaining that Petitioner could not expend any additional time or effort in preparing for the May 6, 2009 conference until his balance was paid, and notifying Plaintiffthat if the balance was not paid on or before February 16, 2009, Petitioner would file to withdraw from this case. 11. As of the date of filing, Petitioner has not received any payments from the Plaintiff. 12. Petitioner has provided more than thirty (30) hours of legal services in preparing this matter and representing Plaintiff. 13. Despite a fee agreement requiring payment by Plaintiff for Petitioner's services on an hourly basis and the submission of bills to the Plaintiff, Petitioner has not received any payments from Plaintiff during the past five and one-half (5 '/2) months. 14. The Plaintiff has failed to substantially fulfill his financial obligation to the Petitioner regarding Petitioner's legal fees and Petitioner has been given reasonable warning that Petitioner will withdraw unless said financial obligation is fulfilled. Good cause thus exists pursuant to Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 15. The continued representation of the Plaintiff without payment of petitioner's fees, or the prospect of such payment, has resulted and will further result in an unreasonable financial burden on Petitioner. Good cause thus exists pursuant to Rule 1.16(b)(6) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 16. Counsel for Defendant was contacted on February 18, 2009 and has no objection to Petitioner's withdrawal from this case at this time. WHEREFORE, petitioner requests that this Court grant Petitioner leave to withdraw her appearance for Plaintiff in this action. Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No. 91979 VERIFICATION I verify that the statements made in the foregoing Petition of Plaintiffs Counsel for Leave to Withdraw Appearance are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject to me to the penalties of Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Tabetha A. Tanner, Esquire C7 cry -.__ r?°' ? cn V . MARTIN L. MILLER, Plaintiff V. STACY S. SMITH, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 2008-2054 CV DV § CIVIL ACTION - IN CUSTODY ORDER ALLOWING WITHDRAWAL OF PLAINTIFF'S COUNSEL AND NOW, this 10A .. day of tc?• , 2009, upon consideration of the verified Petition of Plaintiff's Counsel For Leave to Withdraw Appearance, it is hereby ORDERED and DECREED that said petition is GRANTED and that petitioner, Tabetha A. Tanner, Esquire, be permitted to withdraw her appearance of record for the Plaintiff in the above captioned matter. Sk-?A Woo ?? •? ?F ?? ViK Y?VV ., MARTIN L. MILLER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STACY S. SMITH, DEFENDANT NO. 08-2054 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 27t' day of May, 2009, after hearing in this matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: The Mother, Stacy S. Smith and the Father, Martin L. Miller, shall enjoy shared legal custody of Madison L. Miller, born November 24, 2003 and Xander R. Miller, born May 23, 2005. Major decisions concerning their children, including, but not necessarily limited to, the children'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 children's best interest. Each party shall not impair the other party's rights to shared legal custody of the children. Each party shall not alienate the affections for the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the children 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 .V information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Physical Custody: Both Mother and Father shall enjoy shared physical custody of Madison L. Miller and Xander R. Miller in accord with the following schedule: a. Shared physical custody of the children shall consist of a week on/week off schedule. Each parent's week with their children shall alternate beginning Friday at 7:00 p.m. and concluding the following Friday at 7:00 p.m. Mother shall begin her first week of custody under this Order on Friday, June 12, 2009, at 7:00 p.m. b. Each parent is entitled to two consecutive weeks of uninterrupted vacation time during the summer vacation period each year and will exercise their two weeks of vacation to include one of their regular weeks of custody so that the custody schedule will continue without interruption at the end of their periods of custody. Each parent will give at least thirty (30) days prior written notice to the other parent as to the times and dates they propose for this period of vacation and will also provide the following information: a. An itinerary of the vacation, with the start and end dates for vacation. b. List of all Parties accompanying the children on the vacation, location (addresses) and telephone numbers for the destination. c. Contact telephone number of the children. 2 % 3. Holidays: a. Thanksgiving - Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. Mother shall have custody of the children on Thanksgiving Day from 2:00 p.m. until 7:00 p.m. This schedule shall remain the same each year. b. Christmas Eve and Christmas Day - During even years, Father shall have custody of the children from Christmas Eve at 3:00 p.m. until Christmas Day at 3:00 p.m. Mother shall have custody of the children on Christmas Day from 3:00 p.m. until 3:00 p.m. the day after Christmas. In odd numbered years, Mother shall have the children Christmas Eve at 3:00 p.m. until Christmas Day at 3:00 p.m. Father shall have the children on Christmas Day from 3:00 p.m. to the day after Christmas at 3:00 p.m. c. Easter - Father shall have custody of the children on Easter from 9:00 a.m. until 2:00 p.m. Mother shall have custody of the children on Easter from 2:00 p.m. until 7:00 p.m. This schedule shall remain the same each year. d. Mother shall have custody of the children on Mother's Day from 9:00 a.m. until 8:30 p.m. Father shall have custody of the children on Father's Day from 9:00 a.m. until 8:30 p.m. 4. Guardian Ad Litem: a. Jacqueline Verney, Esquire, is hereby appointed Guardian Ad Litem of the children in this case. 3 b. The duties of the Guardian Ad Litem will be as follows: (1) Interview the children once per month to ensure that neither parent is alienating the children from the other parent, to obtain the perspective of the children regarding this custody arrangement, and to ascertain from the children whether or not any verbal altercations are occurring during custody exchanges. (2) Obtain reports from the Mother's counselors and physicians regarding her compliance with her medication regimen and continued counseling. In this regard, Mother shall sign any necessary releases for her counselors and physicians to speak with and report to the Guardian Ad Litem. (3) Obtain periodic pay stubs from both parents to ensure continued employment. (4) Schedule random drug and alcohol testing for both parents at least once per month. c. This appointment shall remain in effect until August 31, 2009, at which time the Guardian Ad Litem will file a report with the Court regarding need for continued intervention. 5. Telephone Contact: The Children will be allowed to telephone the non- custodial parent anytime they wish. If the children do not call the non-custodial parent, the non-custodial parent will have telephone contact with the children at 7:00 p.m. on Sunday, Tuesday and Thursday of their non-custodial week. 6. Exchange of Custody: The custodial parent shall deliver the children to the non-custodial parent. Exchange of the children shall take place in the public 4 ,k parking lot of the Riverview Diner, 902 North Front Street, Wormleysburg, Pa. These exchanges will be civil and without any verbal altercation between the parents. 7. Mutual Agreement: The parties may modify this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. By the Court, 0` A'. \ M. L. Ebert, Jr., J. f Tabetha Tanner, Esquire Attorney for Plaintiff ./ Jessica Holst, Esquire Attorney for Defendant -" Jacqueline Verney, Esquire, GAL 12&f S m"a c 6L "12111 6? 5 AUTHORITY TO PAY COURT APPOINTED COUNSEL -f( T ?JUL 01 2009 G 1. COURT 2. VOUCHER N_ 13381 ? District Justice tdommon Pleas ? Appellate ? Other 3. FOR (D.J., C.P., APPELLATE) 4. AT (CITY/STATE) 5. BUDGET CODE eP CA-dlrS 4 j,; 6. IN THE CASE OF 7. CHARGE/OFFENSE (PURDON CITATION) 8. ? PETTY OFFENSE Jln t 1 I vs .5 * V1 ( ?S TO ? FELONY ? MISDEMEANOR 9. PROCEEDINGS (Describe briefly) 11. PERSON RE RESENTED 12. CIVIL DOCKET NO. 1 O Defendant - Adult CI VI t? C 1'l 2 O Defendant • Juvenii .. vi 3 ? Appellant 13. CRIMINAL DOCKET NO. VI's 5 T? ? ,? /j i•Y? ? 4 iv 4 O Appellee 5 O Habeas Petitioner 6 ? Material Witness Full Name) 10. PERSON REPRESENTED ( a Charged ed Violation ? Parolee O Probationer Charged With Violation 8 14. APPEALS DOCKET NO. /11 kbil so?v Al 11 i'x ZK,V b ? l' 1 9 ?herGA At !N CµSC?yL .? 16. NAME OF ATTORNEY/PAYEE AND n Annoccc a 40 Q -- ,k , MP Appt Date M L /? T f2 Jacqueline A Verney, Esquire NAME OF COMMON PLEAS JUDGE AS IGNED TO CASE 44 South Hanover Street Carlisle, Pa. 17013 17. TELEPHONE No. 18. SOCIAL SECURITY NO OREiN NO ,-7 -.11113-915 0 /97-y"t- 9S6.,3 CLAIM FOR SERVICES OR EXPENSES 19. SERVICE HOURS DATES AMOUNTS CLAIMED a. Arraignment and/or Plea Multiply rate per hour times total - t h b i "i t" C b. Preliminary Hearing com ours o o ta n n our pensation. Enter total below. a Motions and Requests si- d Bail Hearings O a. Sentence Hearings z Z f. Trial g. Revocation Hearings It. Juvenile Hearings I. Appeals Court 19A. TOTAL IN COURT COMP. 4 Other (Specify on additional sheets) TOTAL HOURS a X $55 PER HOUR $ 20. a. Interviews and conferences Multiply rate per hour times total f C " " U. b. Obtaining and reviewing records ourt hours. Enter total Out o compensation below. O ¢ a Legal research and brief writing O 0 d. Investigative and other work (Specify on additional sheets) 20A TOTAL OUT OF COURT COMP. TOTAL HOURS = X $45 PER HOUR = $ 3 0f0 . G d 21. ITEMIZATION OF REIMBURSABLE EX PENSES AMT. PER ITEM Milage $. er mile x 100 s W r l- 21A. TOTAL ITEMIZED EXP. O a s / / 22. CERTIFICATION OF ATTORNEY/PAYEE 23. GRAND TOTAL CLAIMED Has compensation and/or reimbursement for work In this case previously been applied for? C3 YES ? NO = $ 3 191- 1, a': 1b if yes, were you paid? ? YES O NO If yes, bywhom were you paid? How much? 24. DEDUCT. PRIOR PYMTS. Has the person represented paid any money to you, or to your knowledge anyone also, in connection with the matter for w $ which you were appointed to provide representation? O YES O NO It yes, give details on additional sheets t I swear or affirm the truth or correctness O 25: NET AMOUNT CLAIMED d/v a e of the above statements Signature of Attorney/Payee 's 3 26,A0•Pn0vtu cuu Signature of Q 27. AMT. AP OVE0 s S PAYMENT Judge ? ?Dats: + Copy 1 - Mail to Court Administrator at completion of service LAW OFFICE OF JACQUELINE M. VERNEY 44 SOUTH HANOVER STREET Carlisle, PA 17013 Invoice submitted to: Cumberland County Court Admin 1 Courthouse Square Carlisle PA 17013 In Reference To:court appointed GAL custody-Miller children Invoice #18086 Professional services 5/27/09 Miller v. Smith: review court order; email suggested change 6/1/09 Miller v. Smith: email to counsel requesting information-.1; call from Holst, Esq-.2 6/2/09 Miller v. Smith: call from Mangan, Esq 6/3/09 Miller v. Smith: discuss w/ Mangan, Esq-.1; call to C&Y-.1 6/4/09 Miller v. Smith: call from C&Y Miller v. Smith: call from C&Y 6/11/09 Miller v. Smith: call to court-.1; call to Father-.1; research drug testing companies-.5; calls to Mother-.3 Hrs/Rate 0.20 45.00/hr 0.30 45.00/hr 0.20 45.00/hr 0.20 45.00/hr 0.10 45.00/hr 0.10 45.00/hr 1.00 45.00/hr Amount 9.00 13.50 9.00 9.00 4.50 4.50 45.00 Cumberland County Court Admin Page 2 Hrs/Rate Amount 6/12/09 Miller v. Smith: call from Mother 0.30 13.50 45.00/hr 6/15/09 Miller v. Smith: calls to/from Dad 0.30 1.3.50 45.00/hr Miller v. Smith: call to Mother-.1; 1.70 76.50 meet w/ mother & clients-.5; travel 45.00/hr time-1.0; call f rom mother-.1 6/19/09 Miller v. Smith: call from Mother 0.20 9.00 45.00/hr 6/22/09 Miller v. Smith: research driving 1.80 81.00 directions-.3; d riving time-1.0; 45.00/hr meet w/Father & children-.5 6/24/09 Miller v. Smith: review drug test 0.20 9.00 from Father-.1; call to Holy 45.00/hr Spirit-.1 6/25/09 Miller v. Smith: review report & 0.20 9.00 phone message fr om Holy Spirit 45.00/hr For professional services rendered 6.80 $306.00 ? Additional charges: 6/15/09 mileage to/from Enola 25 miles x 2=50 x 2 XO a,?.SD 2 7 .2;.50 ,NS 6/22/09 mileage" 50 miles x $=$2 0 2,7--.-f0 cPa.!"D Total costs Total amount of this bill $3600 Balance due $30.3".00 ?,r? FI OF THE j "'7AY 2009 JUL 10 A 10: 4 0 CUP J1?J r?` ?i IQ (1 q ?nno AUTHORITY TO PAY COURT APPOINTED COUNSEL fd-, - _ ` 1. COURT 2. VOUCHER O District Justice P1'Common Pleas ? Appellate ? Other N! 13387 3. FOR (D.J.. C.P., APPELLATE) 9 4. AT (CITY/STATE) 5. BUDGET CODE C C S C_ 1 c?-? ?? sG f a• G C 6. IN THE CASE OF 7. CHARGE/OFFENSE (PURDON CITATION) a. ? PETTY OFFENSE / (r-'e- vs S/f'Lr ? FELONY ? MISDEMEANOR 9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 12. CIVIL DOCKET NO. & At 4 r N.t{ 1 J _ (,A TM /J v 1 ? Defendant • Adult O R ry /?r0 % ? Defendant -Juvenile 2 ? T L? n - 3 ? Appellant CRIMINAL DOCKET NO 13 1 U?m A- 1 / N f ll . . t 4 O Appe e e 5 ? Habeas Petitioner 6 ? Material Witness 10. PERSON REPRESENTED (Full Name) 7 ? Parolee Charged With Violation 9 ? Probationer Charged With Violation 14. APPEALS DOCKET NO. 9 Other. ^'_ //. AA-h l3? /1,1, l s_ L' XA-A(bw /fd/ w ?iY(? aC?QC..-? 16. NAME OF ATTORNEY/PAYEE AND . 0 Appf Date Men IM: AnnRESS A998 M . L . Z 2 ??• , Jacqueline M. Verney, Esquire NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE 44 South Hanover Street Carlisle, Pa. 17013 17. TELEPHONE No. 18. SOCIAL SECURITY NO OR EiN NO 7117 -.43-919-0 197-Y9-9S63 CLAIM FOR SERVICES OR EXPENSES 19. SERVICE HOURS DATES AMOUWkS CLAIMED._ a. Arraignment and/or Plea ipy rate pW hour tilaieti1 4 C ". Navi to obtl n b. Preliminary Hearing EnFS ofal Se t c Motions and Requests , I7 u a t- IX d. Bail Hearings =? -• - _ry O e. Sentence Hearings C 7 = - U ? L Trial -r1 g. Revocation Hearings h. Juvenile Hearings I. Appeals Court 19A. TOTAL 1 URT COMP. 4 Other (Specify on additional sheets) TOTAL HOURS = X $55 PER HOUR a $ 20. a Interviews and conferences of . -Mg' 4 Multiply rate per hour times total " " U. b. Obtaining and reviewing records Out of Court hours. Enter total compensation below. O ¢ (~ Legal research and brief writing Ov d. Investigative and other work (Specify on additional sheets) 20A. TOTAL OUT OF COURT COMP TOTAL HOURS = 1 4, X $45 PER HOUR . $ 21. ITEMIZATION OF REIMBURSABLE EX PENSES AMT. PER ITEM Milage $. er mile x W ?jE ' Vv = 21 A. TOTAL ITEMIZED EXP. =$ 22. CERTIFICATION OF ATTORNEY/PAYEE 23. GRAND TOTAL CLAIMED Has compensation and/or reimburserent for work In this case previousy, been applied fort p YES O'FO = $ If yes, were you paid? ? YES B NO If yes, bywhom were you psid9 Hoer much? 24. DED . PRIOR PYMTS. Has the person represented paid any money to you, or to your knowledge anyone else, In connection with the matter for ' _ $ NO f yes, give details on additional sheets which you were appointed to provide repres Cation? ? YES Ej / j I swear or affirm the truth or correctness 7 31 !d 25: NET AMOUNIF CLAIMED of the above statements Signature of Attomay/Payee Date = $ ?p ` 28AFPnOVED FUN Signature of r/ i I/Dat*. O \ u 27. AMT. A YED /+1 // _ $ ! ` PAYMENT Judge , V 4 / • v U Copy 1 - Mail to Court Administrator at completion of service LAW OFFICE OF JACQUELINE M. VERNEY 44 SOUTH HANOVER STREET Carlisle, PA 17013 Invoice submitted to: Cumberland County Court Admin 1 Courthouse Square Carlisle PA 17013 In Reference To:court appointed GAL custody-Miller children Invoice #18170 Professional services Hrs/Rate Amount 7/6/09 Miller v. Smith: calls from Father 0.20 9.00 45.00/hr 7/10/09 Miller v. Smith: call from/to mother 0.10 4.50 45.00/hr 7/28/09 Miller v. Smith: call from York 0.60 27.00 counsel-.2; review file-.2; call to 45.00/hr Father-.2 7/29/09 Miller v. Smith: call to mother-.2; 1.70 76.50 visit children-.5; travel time-1.0 45.00/hr For professional services rendered 2.60 $117.00 Additional charges: 7/29/09 Milea e to/from Wormleysburg 50 miles x _2-2 $22.50 o? ?g t 4 Cumberland County Court Admin Page 2 Amount Total costs Total amount of this bill Previous balance 7/20/09 Payment - thank you Balance due ,k . 5 $361.00 ($361.00) i h1 r %??u9 to is ` FiI i . , MARTIN L. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 2008-2054 CIVIL ACTION -LAW STACY S. SMITH, IN CUSTODY Defendant STIPULATION FOR ENTRY OF AN AGREED ORDER OF CUSTODY AND NOW, this day of August 2009, Plaintiff, (hereinafter "Father") and Defendant (hereinafter "Mother"), having reached an agreement regarding custody and the best interest and welfare of their minor children, they hereby stipulate and agree as follows: 1) Legal Custody: Mother and Father shall enjoy shared legal custody of Madison L. Miller, born November 24, 2003 and Xander R. Miller, born May 23, 2005. Major decisions concerning their children, including, but not necessarily limited to, the children'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 children's best interest. Each party shall not impair the other party's rights to shared legal custody of the children. Each party shall not alienate the affections for the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the children 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. 2) Mother shall have primary physical custody of Madison and Xander. 3) Father shall have periods of partial physical custody as follows: a. Alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. b. Two non-consecutive weeks of uninterrupted vacation time during the summer vacation period each year. i. Father must provide Mother with 30 days notice as to when he wishes to exercise such vacation periods. ii. Father's selected weeks must incorporate his regular weekend of custodial time. iii. Father must provide an itinerary for the vacation, including a start and end date, parties accompanying the children on the vacation, contact information, including an address and telephone number where the children can be reached while on vacation and any flight, train or bus information. c. Such other times as the parties agree. d. If Father has not arrived for his scheduled visit within 30 minutes of the agreed upon exchange time, and has not called to cancel the visit or notify Mother that he will be late, he will surrender his visit for that weekend. 4) Holidays: The parties shall share custody of the holidays according to the following schedule: a. Mother's Day: Mother shall have physical custody of Madison and Xander on Mother's Day from 9:00 a.m. until 9:00 p.m. b. Father's Day: Father shall have physical custody of Madison and Xander on Father's Day from 9:00 a.m. until 9:00 p.m. c. Christmas: The parties shall share the Christmas Holiday by splitting the day into two blocks. Block A shall be from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day. Block B shall be from 12:00 noon on Christmas Day until 12:00 noon on December 26th. Mother shall have Block A in odd-numbered years and Father shall have Block B in odd- numbered years. Father shall have Block A in even-numbered years and Mother shall have Block B in even-numbered years. d. New Years Day/Easter/Memorial Day/July 407Labor Day/Thanksgiving/New Years Eve: The parties shall share these remaining holidays by splitting the day into two blocks. Block A will be from 9:00 a.m. until 3:00 p.m. and Block B will be from 3:00 p.m. until 9:00 p.m. Mother shall have Block A in odd-numbered years and Father shall have Block B in odd-numbered years. Father shall have Block A for even-numbered years and Mother shall have Block B in even-numbered years. 5) Transportation: Transportation shall be shared such that the parties shall meet at the parking lot of the Riverview Diner, 902 North Front Street, Wormleysburg, PA. These exchanges will be civil and without any verbal altercation between the parents. 6) Telephone Contact: Madison and Xander will be allowed to telephone the non-custodial parent anytime they wish. If the children do not call the non- custodial parent, the non-custodial parent will have telephone contact with Madison and Xander at 7:00 p.m. to say goodnight. Mother and Father shall make an effort to promptly answer or return all of each other's telephone calls with regard to Madison and Xander. 7) Mutual Aereement: The parties may modify this Stipulation by mutual agreement. In the absence of mutual agreement, the terms of this Stipulation shall control. 8) Neither parent may do or say anything nor permit a third party from doing or saying anything that may estrange Madison and Xander from the other party, or injure Madison's and Xander's opinion as to the other parent or which may hamper the free and natural development of Madison's and Xander's love and respect for the other parent. Attorney for Defendant MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 -4"}Fi ICE OF T?E PFOTf ITARY 2009 AUG 17 Pti 12: 0 t , 11 CUM:- ftGUlTY PEWSYWANIA AUG 18 2009 MARTIN L. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 2008-2054 CIVIL ACTION -LAW STACY S. SMITH, IN CUSTODY Defendant ORDER ?h AND NOW, this day of August, 2009, on. consideration of the attached Stipulation, it is hereby ORDERED and DECREED that the terms and conditions of the aforementioned stipulation are hereby entered as an Order of Court. BY THE COURT: M. L. Ebert, Jr., Judge Distribution: ,/Martin L. Miller 210 Senate Ave Apartment 326 Camp Hill, PA 17011 ./.lessica C. D. Holst, Esquire 401 E. Louther Street Carlisle, PA 17013 8 /;L0/6q 'T m E1LEDs 1fVE OF THE PROTHONOTARY 2009 AUG 20 AM 8: 19 C;umkb : p :?, i446YLVAN A MARTIN L. MILLER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STACY S. SMITH, DEFENDANT NO. 08-2054 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 21St day of August, 2009, pursuant to the signed Stipulation for Entry of an Agreed Order of Custody that was signed by this Court on August 20, 2009, IT IS HEREBY ORDERED AND DIRECTED that the previous appointment of Jackie Verney, Esquire, as GAL is VACATED. She is relieved from filing any reports that were previously ordered. By the Court, 'tior'- ?A4 M. L. Ebert, Jr., J. 'Martin L. Miller, Pro se ?Jessica Holst, Esquire Attorney for Defendant Jacqueline Verney, Esquire, GAL '?' ?41 Co F s "b'LL '1" ICE RLED-,",,: OF THE 2009 AUG 24 AM 9, 15 NTY