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HomeMy WebLinkAbout08-5161 t PAUL MILLARD, Plaintiff V. , A'KIA L. WHITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 -S11.1 dtus.L `T. CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Paul Millard, an adult individual residing at 298 Valley Road, Etters, York County, Pennsylvania. 2. Defendant is A'Kia K, White, an adult individual residing at 4 West Beale Avenue, Apartment 2, Enola, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child(ren): Name D'mitri A. Millard Isisah P. Millard Present Address 4 W. Beale St. Apt. 2 Enola, PA Date-of-Birth 9-1-2001 11-30-2002 4. The children were born out of wedlock. The children are presently in the custody of Defendant and Defendant's mother during the week and Plaintiff during the weekend at the addresses set forth above. 5. During the past five (5) years, the child(ren) have resided with the following persons the following address(es): Name Address Dates A'Kia L. White 4 W. Beale Street, Apt. 2 April 2008 to present Enola, PA weekdays not overnights Paul Millard 298 Valley Rd. April 2008 to present Etters, PA weekends Paul Millard John Millard Katherine Millard 298 Valley Rd. 12-26-06 to April 2008 Etters, PA weekdays and overnight Paul Millard 4 W. Beale St. 2002 to December 26, 2008 A'Kia L. White Enola, PA 6. The mother of the children is A'kia L. White currently residing at 4 W. Beale Street. She is single. 7. The father of the children is Paul Millard currently residing at 298 Valley Rd., Etters, Pennsylvania. He is single. 8. The relationship of Plaintiff to the children is that of natural father. Plaintiff currently resides with the following person(s): Name Relationship John Millard Paternal grandfather Katherine Millard Paternal grandmother 9. The relationship of Defendant to the children is that of natural mother. Defendant currently resides with the following person(s):. Name Relationship self Defendant's Boyfriend 10. Plaintiff has not participated as a parry or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. 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 with the exception of Maternal grandmother Helen Clark who keeps the children overnight during the evenings mother works. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Defendant mother works third shift and is not with the children from approximately 8:00 p.m. to 6:00 a.m., five (5) days a week and leaves them at Maternal grandmother's house in Harrisburg, PA; b. Plaintiff father works second shift and resides with his parents and is better able to provide for the children's needs on a daily basis. 14. 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. WHEREFORE, Plaintiff requests the Court to grant him primary physical and shared legal custody of the children D'mitri A. Millard and Isisah P. Millard. Respectfully submitted, Date: q - 2,G -- Q t JOANNE HARRISON CLOTUGH, PC Joanne garrison Clough, Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff r VERIFICATION I, Paul Millard, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn verification to authorities. DATE: `?7 J9 Paul Millard . 41 CERTIFICATE OF SERVICE I, Connie Lee Limric, Esquire, do hereby certify that on this date I served a copy of the foregoing Complaint for Custody by United State First Class Mail to the following individual set forth below: A'kia L. White 4 West Beale Street, Apt. 2 Enola, PA 17025 Date: Ea e" Z4 Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Attorney ID No. 36461 3820 Market Street ,K3 (Ai ? 0 -c QJ ,-F- ` I 'nom ..eJ ? 4y PAUL MILLARD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. A'KIA L. WHITE DEFENDANT 2008-5161 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 25, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Hubert X. Gilroy, Esq./ ?6 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 AQV ?T ;?d,.to I ? `?A 4 v ? JAN 9 n 20016, PAUL MILLARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW A'KIA WHITE, NO. 2008-5161 Defendant IN CUSTODY COURT ORDER AND NOW, this Zb?-day of January, 2009, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Paul Millard, and the mother, A'Kia White, shall enjoy shared legal custody of D'mitri A. Millard, born August 1, 2001, and Isaiah P. Millard, born November 30, 2002. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Saturday at 9:00 a.m. until Monday morning when he shall deliver the children to school. If the children do not have school on Monday, father may retain custody until he goes to work at 3:00 p.m. Monday afternoon. B. At such other times as agreed upon by the parties. 4. The parties shall alternate custody of the minor children on the following holidays: New Years Day, Easter, Memorial Day, July 4 and Labor Day. The time shall be from 9:00 a.m. until 9:00 p.m. unless agreed otherwise between the parties. The V mother shall have Easter 2009 with the parties alternating thereafter unless agreed otherwise by the parties. 5. Thanksgiving holiday shall be alternated between the parties from 9:00 a.m. until 9:00 p.m. unless the parties agree to another type of schedule. The mother shall have custody on Thanksgiving in 2009 and the parties alternating thereafter. 6. For the Christmas holiday, the holiday shall be divided into two segments: Segment A shall be from December 24 at noon until December 25 at noon and Segment B shall be from December 25 at noon until December 26 at noon. The parties shall alternate these segments each year with the father having Segment A and the mother having Segment B in 2009. 7. Both parents shall be entitled to up to two non-consecutive of summer vacation with the minor children. The parties shall advise each other at least sixty days in advance as to when they intend to exercise vacation. 8. The parties may modify or alter the custody schedule set forth above if the parties reach an agreement between themselves. Absent an agreement, this order shall control. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. cc: ,Kanne Harrison Clough, Esquire 1 ,/foseph D. Caraciolo, Esquire ON ?- C-.+ a PAUL MILLARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW A'KIA WHITE, NO. 2008-5161 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: D'mitri A. Millard, born August 1, 2001, and Isaiah P. Millard, born November 30, 2002. 2. A Conciliation Conference was held on January 15, 2009 with the following individuals in attendance: The father, Paul Millard, who appeared with his counsel, Joanne Harrison Clough, Esquire, and the mother, A'Kia White, was present via telephone, with her counsel, Joseph D. Caraciolo, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: January I? , 2009 Hubert X. Gilrq?, Esquire Custody Con liator