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HomeMy WebLinkAbout09-4645PAULA. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. U 9- `JL yS CIVIL TERM KERRIE L. MILLER Defendant :IN LAW - CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is PAUL A. MILLER, residing at 129 N. Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is KERRIE L. MILLER residing at 427 Park Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks primary custody of the following children: Name Present Residence Hunter Jordan Miller 129 N. Market St. Mechanicsburg, PA 17055 Kodie Savannah Miller 129 N. Market St. Mechanicsburg, PA 17055 Randie Grace Miller 129 N. Market St. Mechanicsburg, PA 17055 The children were born of the marriage of the parties. Age 6 yr. d.o.b. 12/22/02 5 yr. d.o.b. 7/25/04 3 yr. d.o.b. 10/22/06 The children are presently in the custody of Plaintiff, who resides at 129 N. Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address Dates Paul A. Miller 129 N. Market St. 7/25/2009 - present Samuel Sundy Mechanicsburg, PA 17055 Carolyn Sundy (Maternal Grandparents) Paul A. Miller 129 N. Market St. Aug. 2008- 7/25/2009 Kerrie L. Miller Mechanicsburg, PA 17055 Samuel Sundy Carolyn Sundy Paul A. Miller 43 Lismore Place April 2007-Aug. 2008 Kerrie L. Miller Mechanicsburg, PA 17055 Paul A. Miller 351 Jubinsky Road Sept. 2006-April 2007 Kerrie L. Miller Waymart, PA Judith Miller (Paternal Grandparent) Paul A. Miller 38 Laurel Run Road April 2004-Sept. 2006 Kerrie L. Miller Landisburg, PA The Mother of the child is Kerrie L. Miller, currently residing at Park Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. She is married to the Plaintiff. The father of the child is Paul A. Miller, currently residing at 129 N. Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. He is married to the Defendant. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the following persons: Name Hunter Jordan Miller Kodie Savannah Miller Randie Grace Miller Samuel Sundy Carolyn Sundy Relationship Son Daughter Daughter Maternal Grandfather Maternal Grandmother 5. The relationship of defendant to the child is that of Mother. The defendant currently resides with the following persons: Name Relationship Daniel Wellner No relation Amy Wellner Wife of Daniel, no relation Dakota Wellner Child of Daniel and Amy, no relation Grace Wellner Child of Daniel and Amy, no relation Andy Weiser Amy's brother, age 31, no relation Elisha Shomper Child of Andy (age 10), no relation Colton Weiser Child of Andy (age 5), no relation Virginia Weiser Child of Andy (age 3), no relation 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a.) The Father can provide for the child's emotional, physical, educational and medical needs including a continuing stable home environment for the children, b.) The Father is the parent who can best facilitate any interaction between the children and the defendant. c.) The Father seeks a continuing active role in the children's lives, and the children have formed a close bond with him since birth. d.) The Father has a supportive extended family in the residence which provides a safe, familiar and loving environment, and currently resides with his Father-in-law and Mother-in-law, all to the benefit of the children. e.) It is in the children's best interest that primary custody be awarded to Mr. Miller. f.) The defendant has not acted in the best interest of the children in ways including but not limited to the following; i.) Removed herself from the family home. ii.) The defendant has stated that she is considering taking the children to live with her and the other residents at 427 Park Hills Drive, Mechanicsburg, PA 17055, a single family dwelling, all to the detriment of the children's health and the Father's parental rights. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 9. The plaintiff requests that the court order the following: a. Grant the parties shared legal custody of the children. b. Grant Plaintiff Father primary physical custody of the children. c. Grant the defendant periods of partial custody on alternating weekends, with no overnight periods of custody, and not at Defendant's current place of residence, due to the large number of persons who reside there. d. Order that neither party shall remove the children from the Commonwealth of Pennsylvania until such further order of the Court or written agreement by the parties. Wherefore, plaintiff requests the court to grant him primary physical custody of the children. Plaintiff further requests any other relief that is just and proper. William L. Grubb, Esquire I.D. # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff VERIFICATION I, PAUL A. MILLER, verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: Z,1 ts aooCJ \A Paul A. Miller, Plaintiff Z?U?v?? 13 A1`f 1i. CU`v C+u ? ?ob PAUL A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. OCI- 1/& q5- CIVIL TERM KERRIE L. MILLER Defendant :IN LAW - CUSTODY AFFIDAVIT OF SERVICE Documents: Complaint For Custody Date: X f/3 - 6?1 SERVED : Kerrie L. Miller Place of Service : J M4 W,4,(,qu-r6J-r;1?64P Manner of Service: gy ANO `ro ?EYl2 ?- l , ?iJ?Glc Served By : SS Q I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ? -15 -0 nature of Ser er Xl Gl?rl?nrct? a?(? l?Q` S' l7©6? Address of Server OF THE agRY 2009 JUL 16 Al", I l : 38 PAUL A. MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KERRIE L. MILLER 2009-4645 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 15, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at _ 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, August 13, 2009 at 10:30 AM or 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/ Dawn S. Sunda 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 OF THrE AIRY 2009,, U 16 Ft 'l 12: 2 3 7-/G Oy `o ?-? G G AUG PAUL A. MILLER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KERRIE L. MILLER Defendant 2009-4645 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Paul A. Miller, and the Mother, Kerrie L. Miller, shall have shared legal custody of Hunter J. Miller, born December 22, 2002, Kodie S. Miller, born July 25, 2004, and Randie G. Miller, born October 22, 2006. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other pasty's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child 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 possible. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Mother shall have custody of the Children every week on Tuesday from 8:00 a.m. until 7:00 p.m. and from Wednesday through Friday from 8:00 a.m. until 5:00 p.m. For these periods of custody, the parent relinquishing custody of the Children shall be responsible to provide transportation for the exchange of custody. B. After school starts, the Father shall transport Randle, who is not yet enrolled in school to the Mother's residence by 8:00 a.m. and the Mother shall pick up Hunter and Kodie directly from school. The weekday evening exchanges of custody shall be the same as in the preceding paragraph with the exception that the parties shall make adjustments for any of the Children's after school activities. C. The Mother shall have custody of the Children on Saturdays when the Father is working from 8:30 a.m. until 1:30 p.m., for which the Mother shall provide all transportation. During Saturday periods of custody, the Mother shall not take the Children to her residence.. D. The Father shall have custody of the Children at all times :not otherwise specified for the Mother under this provision. 3. The custody arrangements set forth in the preceding provision for the Mother shall not begin until such time as the Mother provides a written authorization from the owner of the residence in which she resides permitting the Father to come to the Mother's residence for exchanges of custody. 4. Both parties shall refrain from consuming alcohol to the point of intoxication during his or her periods of custody with the Children. 5. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 6. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, October 21, 2009 at 9:00 a.m. The purpose of the conference shall be to review the custodial arrangements and any changes in living accommodations. 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. BY THE COURT, J. cc: W am L. Grubb, Esquire - Counsel for Father ./Lee Oesterling, Esquire -Counsel for Mother 0 1'es 91-2 ?7 /o? =4/Y) PAUL A. MILLER vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-4645 CIVIL ACTION LAW KERRIE L. MILLER Defendant 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hunter J. Miller December 22, 2002 Father Kodie S. Hunter July 25, 2004 Father Randle G. Miller October 22, 2006 Father 2. A custody conciliation conference was held on August 13, 2009, with the following individuals in attendance: the Father, Paul A. Miller, with his counsel, William L. Grubb, Esquire, and the Mother, Kerrie L. Miller, with her counsel, Lee Oesterling, Esquire. 3. The parties agreed to entry of an Order in the form as attached. /?- / 3 , "20c) 9 "- Date Dawn S. Sunday, Esquire Custody Conciliator RLED 3!'=ICE OF THE F:f)`a 20'9 AUG 17 AM 11: 19 C; `{Y OCT 2 3 2009 PAUL A. MILLER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. KERRIE L. MILLER Defendant 2009-4645 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ZC-' day of o crb-&6.r , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 17, 2009 shall continue in effect as modified by this Order. 2. Paragraph 2 of the August 17, 2009 Order is vacated and replaced with the following schedule: A. The Mother shall have custody of the Children every week from Tuesday through Friday from 8:00 a.m. until 7:30 p.m. on each day. For these periods of custody, the parent relinquishing custody of the Children shall be responsible to provide transportation for the exchange of custody. B. During the school year, the Father shall transport Randie, who is not yet enrolled in school, to the Mother's residence by 8:00 a.m. and the Mother shall pick up Hunter and Kodie directly from school. C. The Mother shall have custody of the Children on Saturdays when the Father is working from 8:30 a.m. until 2:00 p.m., for which the Mother shall provide all transportation. On alternating Saturdays, the Mother's periods of weekend custody shall be based at the maternal grandparents' residence and the Mother shall not take the Children to her residence. However, on the interim alternating Saturdays, the Mother may take the Children to her residence for her period of custody. D. The Father shall have custody of the Children at all times not otherwise specified for the Mother under this provision. IN 3. 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. BY THE COURT, 41e?x' Kevin A. Ire?s J. cc: liam L. Grubb Esquire - Counsel for Father Lee E. Oesterling, Esquire - Counsel for Mother '1 r PAUL A. MILLER vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-4645 CIVIL ACTION LAW KERRIE L. MILLER Defendant Prior Judge: Kevin A. Hess 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hunter Miller December 22, 2002 Father Kodie Miller July 25, 2004 Father Randie Miller October 22, 2006 Father 2. A custody conciliation conference was held on October 21, 2009, with the following individuals in attendance: the Father, Paul A. Miller, with his counsel, William L. Grubb, Esquire, and the Mother, Kerrie L. Miller, with her counsel, Lee E. Oesterling, Esquire and Rachel Armbruster, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator RLED-Offir CE OF THE PRO, ,NOTARY 2009 OCT 27 AM 10: 41 CUMBL-!l-dam vu 03UNTY PENNSY4 V;a"•M