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HomeMy WebLinkAbout08-5519BRIAN E. MILLER, IN THE COURT of COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA r V. ?IU t L?? No. - sv 9 HOLLI L. FETTERHOFF, t Defendant CIVIL ACTION - CUSTODY To: The Judges of Said Court C-) Complaint for custody' 00 Cca ?AND NOW this day of September, 2008 comes Plaintiff, BRIAN E. . above named, by and through his attorney, John M. Glace, Esquire, and presents Complaint for Custody as follows: cn 1. Plaintiff Brian E. Miller is an single adult individual who presently resides at 300 Corman Road, Carlisle, ill, Cumberland County, Pennsylvania, 17013. His mother Laverta Miller also resides a this address. 2. Defendant Holli L. Fetterhoff is a single adult individual who, upon knowledge and belief, resides at 494" Windy Hill Road, Shermansdale, Perry County, Pennsylvania 17090.11;; efendant has no history of permanent address and said address is Defendant's grandmother's and great-grandmother's address, a residence Defendant has indicated she now resides. 3. Above parties are the biological parents of Hunter Lea Miller ( dob: 9/3/08). Said minor child was born in of wedlock. 4. For the preceding five (5) years, all the aforementioned minor child has resided only at 300 Corman Road, Carlisle, Pennsylvania. 5. On September 15, 2008 Defendant mother abandoned her three (3) week old child with Plaintiff father. The parties have had a periodic eighteen (18) month relationship characterized by Defendant's erratic behavior including, but not limited to: q :V Film ram a. living in abandoned houses without utilities; and b. uncontrolled temper tantrums; and c. irrational nicotine dependence. 6. Defendant since the birth of the minor child has displayed no inclination to provide needed care including regular feeding and diaper changes. Defendant is without any wherewithal necessary for the care and sustenance of an infant. 7. Defendant is also the mother of an eighteen (18) month old child, Justin M. Bechtel, but has abandoned that child to the child's father and grandmother. Defendant also has displayed erratic and unsafe behavior with this child 7. It is the best interests of the infant child to continue to be in the primary physical custody of Plaintiff father at an established address. 8. All parties of interest have been made party to this action. 9. No named party is a present member of the Armed Services of United States. WHEREFORE, Plaintiff BRIAN E. MILLER, respectfully requests that this Honorable Court grant him shared legal custody and primary physical custody of his minor child and further that Defendant mother be excluded from any unsupervised physical custody without a verifiable address and completion of parenting counseling. Respectfully submitted, The Law Office of Joh+ M. Glace John We: Esquire Supre 23933 132-1 Street Harrisburg, PA 17101-1612 (717-238-5515) VERIFICATION I verify that the statements made in the foregoing Complaint for custody are true and correct to the best of my understanding and belief. I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unworn falsification to authorities. Date: Brian E. Miller CERTIFICATE OF SERVICE I HEREBY CERTIFY that this / f--day of September, 20081 have served a true and correct copy of the foregoing Complaint for Custody, by first class mail, postage prepaid, upon: Holli L. Fetterhoff c/o Mary Johnsom Pyy Windy Hill Road Shermansdale, PA 17090 ;e, Esquire ID: 23933 13113-4 Walnut Street Harrisburg, PA 171101-1612 (717) 238-5515 Counsel for Plaintiff 4?1 *jt? BRIAN E. MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLLI L. FETTERHOFF DEFENDANT 2008-5519 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 23, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 21, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?/ ?k -V- /ho? -.00" Aw ClAno ?1C`" r. % OCT 2 3 2008 BRIAN E. MILLER, Plaintiff V. HOLLI L. FETTERHOFF, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5519 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ? day of L _, 2008, u on consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Brian E. Miller and the Mother, Holli L. Fetterhoff, shall have shared legal custody of Hunter Lea Miller, born September 3, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Both parties acknowledge the paternity of Father. 3. The parents shall share physical custody on a week on/week off basis with the exchange day and time being Sunday at 6:00 p.m. 4. The parties shall share holidays as agreed. Transportation shall be shared such that the receiving party shall transport. I D'A LZy13 v 6. Neither party may relocate more than 50 miles from Middlesex Township without agreement of the parties or prior Order of Court. 7. This Order is entered pursuant to an agreement of the parties at 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. cXodd hn M. Glace, Esquire Counsel for Father Hough, Esquire, Counsel for Mother COP ? COP 1-ES ,l'L?tLL I 1 o f ?.'t'08 BY THE COURT, BRIAN E. MILLER, Plaintiff V. HOLLI L. FETTERHOFF, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5519 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hunter Lea Miller September 3, 2008 shared 2. A Conciliation Conference was held in this matter on October 21, 2008, with the following in attendance: The Father, Brian E. Miller, with his counsel, John M. Glace, Esquire, and the Mother, Holli L. Fetterhoff, with her counsel, Todd Hough, Esquire. The parties agreed to an Order in the form as attached. /v-at ofl /?, V? Date ac eline M. Verney, Esquire Custody Conciliator Todd C. Hough, Esquire Lavery Faherty Young & Patterson, P.C. 225 Market Street Suite 304 P.O. Box 1245 Heafturg, PA 17108-1245 717-233-6633 BRIAN E. MILLER, Plaintiff VS. HOLLI L. FETTERHOFF, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ,Y19 CASE NO. 084674CIVIL TERM : CIVIL ACTION - LAW : CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Holli L. Fetterhoff, pro se, in the above-captioned action. Date: Respectfully, ".q ME -9 Holli L. Fetterho PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Todd C. Hough, Esquire, as counsel for the Defendant, Holli L. Fetterhoff, in the above-captioned action. Date: A 73 s Respectf , d C. Hough, Esquire Attorney I.D. No. 91060 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 It i - , I t .4 w ^