HomeMy WebLinkAbout09-8438F:\DOCS\FL\CUST\Miller.Alfred - Complaint for Custody.wpd
ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
ALFRED L. MILLER, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.
CHERIE L. MILLER (FETTERMAN), CIVIL ACTION - LAW
Defendant IN CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is ALFRED L. MILLER, JR., an adult
individual, residing at 5412 Legene Lane, Enola, Pennsylvania.
2. The defendant is CHERIE L. MILLER (FETTERMAN), an adult
individual, residing at 140 Pleasant Hill Road, Lewisberry, York
County, Pennsylvania.
3. Plaintiff seeks custody of ALEXIS LYN MILLER who
recently moved to 140 Pleasant Hill Road, Lewisberry, York
County, Pennsylvania, is six (6)years of age having been born on
June 17, 2003.
The child was not born out of wedlock.
The child is presently in the custody of CHERIE L.
MILLER (FETTERMAN) who recently moved to and appears to reside at
140 Pleasant Hill Road, Lewisberry, York County, Pennsylvania,
since moving there on or after June, 2009.
During the past five years, the child has resided with
the following persons and at the following addresses:
NAME ADDRESS DATES
Plaintiff and Defendant Duncannon 1998-2006
Mechanicsburg 2006-1/2008
Defendant and Hyland McDermott Middletown 1/08-5/09
Lewisberry 6/09-present
The mother of the child is CHERIE L. MILLER (FETTERMAN)
currently residing at 140 Pleasant Hill Road, Lewisberry, York
County, Pennsylvania.
She is divorced.
The father of the child is ALFRED L. MILLER, JR.
currently residing at 5412 Legene Lane, Enola, Pennsylvania.
He is divorced.
4. The relationship of plaintiff to the child is that of
father. The plaintiff currently resides with the following
persons:
NAME RELATIONSHIP
Lisa Faulkner girlfriend
Lindsey Faulkner daughter of Lisa Faulkner
5. The relationship of defendant to the child is that
of mother. The defendant currently resides with the following
persons:
NAME
Cherie L. Miller
RELATIONSHIP
Defendant/Mother
Hyland McDermott Defendant's paramour
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 child
will be served by granting the relief requested because:
(a) The child has resided with the father since birth
(who has provided a continuous living relationship with the
child;
(b) The father is able to provide a stable home and
family type environment for the child allowing the child
opportunity to spend time with the child's mother consistent with
a schedule the parties have arranged between themselves.
(c) Mother has relocated with her paramour no less than
two times since moving out of the marital home, all in the last
12 months, demonstrating her unstable lifestyle.
(d) Mother's new live-in paramour has been on probation
and seems to have an anger management issue with regard to the
minor child.
(e) Mother has been diagnosed with bi-polar and has
been erratic and inconsistent with her medication for the last
several years.
(f) Mother moved several times over the last year and
has moved throughout three different school districts all in the
same year, causing the child's school year to be disrupted
through these transfers, (two in one semester), all without
father's consent or knowledge and certainly to the detrimental of
the child's best interest and welfare.
(g) Father believes that he would be better suited for
full custody as he has been in the same field of employment for
(twenty two years and is much more capable of providing a stable
latmosphere in which to raise his daughter.
(h) Father believes that he and the defendant can work
out a schedule where their daughter could maintain a loving
relationship with both parents while he maintains primary custody
of their daughter.
(i) Father is concerned that the defendant and his
child will relocate again in the near future as the child's
mother's paramour may still be on some type of supervision under
the Dauphin County Probation and Parole and he does not seem to
be permanent in any residence over the last several years.
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.
WHEREFORE, plaintiff requests the court to grant him
full primary custody of the child and shared legal custody with
Ithe Mother.
Date: I -T/? `
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STONE LaFAVEIA SHE4ETSKI
EL BET ONE, ESQUIRE
S re our I.D. #60251
14 dge reet, P.O. Box E
Ne Cumbe nd, PA 17070
lephon . (717) 774-7435
Attori/e,)(s for Plaintiff
V E R I F I C A T I O N
ALFRED L. MILLER, JR. states that he is the Plaintiff named in
the foregoing instrument and that he is acquainted with the facts
set forth in the foregoing instrument; that the same are true and
correct to the best of his knowledge, information and belief; and
that this statement is made subject to the penalties of 18 Pa.
C.S.A. §4904 relating to unsworn falsification to authorities.
ALFR L. MILLS R.
Date: (D, N0.9. Q"-Oq
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Jarad W. Handelman, Esquire
Attorney I.D. #82629
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Telephone: 717-533-3280
Fax: 717-533-2795
e-mail: jwh@jsdc.com
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ALFRED E. MILLER, JR.,
Plaintiff
vs.
CHERIE L. MILLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.09-8438 CIVIL
CIVIL ACTION -CUSTODY
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT FOR CUSTODY
AND NOW, comes the Defendant, Cherie L. Miller (hereinafter "Mother"), by and
through her attorneys, James, Smith, Dietterick & Connelly, LLP, to answer to the Complaint for
Custody filed by Plaintiff, Alfred L. Miller, Jr. (hereinafter "Father"). In response to said
Complaint, Mother avers as follows:
1. Admitted.
2. Admitted.
3. Admitted in part; denied in part. The averments of paragraph three (3),
specifically sentence two (2) on page one (1) of the Complaint and the sentences on page two (2)
of the Complaint beginning after the paragraph regarding the child's residences in the past five
years, are admitted. The remaining averments of paragraph three (3) are denied as stated. Any
averment by Father indicating that Mother's current residence is the result of a "recent" move is
1
specifically denied. To the contrary, Mother has resided in her current residence since June,
2009 with Father's full knowledge. Thus, Mother has resided at her current residence for more
than six (6) months at the time of the filing of Father's Complaint.
The averments related to the residences of the child in the last five (5) years are
specifically denied. Contrary to Father's Complaint, the child has resided at the following
addresses and in the custody of the following individuals since birth to the present:
(a) From birth (6/17/03) until December, 2007 with both parents in Mechanicsburg,
PA;
(b) From December, 2007 to Spring, 2008 solely with Mother in Mechanicsburg, PA.
Hyland McDermott also resided with Mother during this time.
(c) From Spring 2008 to June, 2009 primarily with Mother in Mechanicsburg, PA
(same address as listed in the preceding sub-paragraph). Hyland McDermott also resided with
Mother during this time.
(d) From June, 2009 to present primarily with Mother at her current residence in
Lewisberry, PA. Hyland McDermott also resided with Mother during this time.
(e) From Spring, 2008 to present partially with Father on an alternating weekend
basis at various residences including residences in Marysville, Lemoyne, and his present address
in Enola, PA. During the aforesaid period of time Father has resided with paternal grandfather
and his current girlfriend, Lisa Faulkner.
By way of further answer, the child has always been in the sole and/or primary physical
custody of Mother since the parties' separation in December, 2007.
4. Admitted.
2
5. Admitted. By way of clarification, Hyland McDermott is Mother's boyfriend.
Mother is not married and has not been married since August, 2008 when the parties were
divorced.
6. Admitted.
7. Denied. The averments of paragraph seven (7) to the extent averred to serve the
best interests of the child are conclusions of law to which no responsive pleading is required and
strict proof thereof is demanded at trial.
(a) Denied. The averments of sub-paragraph (a) are patently false and are
specifically denied. To the contrary, the child has absolutely not resided with Father since birth
and Father has never provided a continuous living relationship with the child. Instead, since the
parties' separation in December, 2007, the child has always been in the primary physical custody
of Mother, never having been in the primary physical custody of Father since the parties
separated more than two (2) years ago. Father did not exercise any custody of the minor child to
speak of from December, 2007 through the Spring, 2008. Effective Spring, 2008, Father finally
began complying with a regular schedule of partial physical custody on an alternating weekend
basis and a couple hours during the evenings on Tuesdays and Thursdays (non-overnights). As
for a continuous living relationship with the child, Father has only provided a continuous living
relationship with the minor child since June, 2009 when he relocated to his current residence.
Prior to that time, Father was evicted from the parties' former marital residence in or about April,
2008, after which he resided with his father in Marysville and then his girlfriend in Lemoyne
prior to moving to his current address in June, 2009.
(b) Denied. The averments of sun-paragraph (b) are specifically denied. To the
contrary, Father consistently fails to comply with the parties' custodial arrangement, either
failing to pick the child up at the scheduled time or refusing to return the child at the scheduled
time, such decisions made unilaterally by Father and never with consultation with Mother. By
way of further answer, Father works during much of the custodial time he exercises pursuant to
the partial custodial schedule he has had since Spring, 2008, thus leaving the child in the care of
his girlfriend and failing to actually exercise even the partial custodial time he is supposed to
enjoy with his daughter. Contrary to the averment that Father will support Mother's relationship
with the child, Father consistently fails and/or refuses to communicate with Mother on matters
concerning the child and refuses to respect the child or Mother's schedule when pick-up and
drop-off times of the child are observed.
(c) Denied. The averments ofsub-paragraph (c) are specifically denied. To the
contrary, Mother has relocated one (1) time in the twelve (12) months preceding the filing of the
Complaint for Custody when she moved from Middletown, PA to her current residence in June,
2009. The averments of sub-paragraph (c), like the other averments of paragraph seven (7) are
patently false, having no basis in fact and are contrived transparently for the purposes of Father's
custody claim. Strict proof of these averments is demanded at trial.
(d) Denied. The averments ofsub-paragraph (d) are specifically denied and strict
proof thereof is demanded at trial. To the extent an answer is deemed necessary, Mother's
boyfriend, Mr. McDermott, has resided with Mother and the minor child since January, 2008.
Thus, Mr. McDermott is hardly a "new" live-in boyfriend of Mother, having resided with her and
the minor child for almost two (2) years at the time of the filing of the Custody Complaint. By
way of further answer, Mr. McDermott was previously on probation in 2008 for a DUI and has
no ongoing involvement with the police, criminal justice system, or probation office. The
averments ofsub-paragraph (d) pertaining to an alleged anger management issue are specifically
denied. Contrary to Father's focus on Mr. McDermott's anger issues, Father has previously
exhibited disturbing sign of violence towards Mother and others, including but not limited to,
throwing and breaking things when drinking during the parties' relationship, threatening Mother,
destroying all of Mother's personalty with a knife following the parties' separation, and being
terminated from his prior employment after threatening to harm another employee in 2008.
(e) Denied. The averments ofsub-paragraph (e) are specifically denied and strict
proof thereof is demanded at trial. Similar to the other averments of paragraph seven (7), the
averments of this sub-paragraph are patently false and are contrived solely for the purpose of
bolstering Father's meritless claims for custody. Contrary to the averments ofsub-paragraph (e),
4
Mother has never been diagnosed with bi-polar disorder and takes medication for depression as
prescribed by her physician. Mother has never been hospitalized for any mental illness and
Father's averments are representative of the type ofmud-slinging that demonstrates plainly that
Father's concern is not for the best interest of his child, but rather in damaging Mother's
reputation and causing her inconvenience, distress, and ill-will in fostering these custody
proceedings.
(f) Denied. The averments ofsub-paragraph (f) are specifically denied. The
responsive averments of paragraph three (3) and sub-paragraph (c) above are incorporated herein
by reference as if set forth in full in denial of Father's contention that Mother has relocated
multiple times. With respect to the child's schooling, the averments of this sub-paragraph are
specifically denied and strict proof thereof is demanded at trial. Contrary to Father's averments,
the minor child attended and completed pre-schooUdaycare at age four (4) at Oakwood Baptist in
Camp Hill. In September, 2008, the child was enrolled in Kindergarten at Oakwood Baptist
where she attended until December, 2008 when Father ceased making tuition payments as he
agreed, thereby compelling Mother to remove her from Oakwood Baptist and enroll her in
Kunkle Elementary to complete Kindergarten in Middletown, PA where Mother had resided
since January, 2008. Thereafter, when school was not in session, Mother moved in June, 2009 to
her current residence and the child was enrolled in and began first grade in Newberry Elementary
where she continues to be enrolled. By way of further answer, the child's performance in school
is exemplary, both academically and behaviorally.
(g) Denied. The averments ofsub-paragraph (g) are conclusions of law to which no
responsive pleading is required and strict proof thereof is demanded at trial. To the extent an
answer is deemed necessary, it is specifically denied that Father's residence and/or employment
has been stable. To the contrary, since the parties' separation in December, 2007, Father has
relocated several times, including a relocation necessitated by Father's eviction from the parties'
former marital residence, and Father lost his job in the Summer of 2008 after threatening to kill
another employee.
5
(h) Denied. The averments ofsub-paragraph (h) are specifically denied. Contrary to
the averment that Father will support Mother's relationship with the child, Father consistently
fails and/or refuses to communicate with Mother on matters concerning the child and refuses to
respect the child or Mother's schedule when pick-up and drop-off times of the child are
observed.
(i) Denied. The averments ofsub-paragraph (i) are specifically denied and strict
proof thereof is demanded at trial. Similar to the other averments of paragraph seven (7), the
averments of this sub-paragraph are patently false and are contrived solely for the purpose of
bolstering Father's meritless claims for custody. As indicated above, Mr. McDermott is not on
probation and Mr. McDermott and Mother have resided in the same residence and at the same
address since June, 2009, the same period of time that Father has lived in his current residence in
Enola, PA. Father's blatantly false and misleading allegations are representative of Father's
disingenuous claim for custody and undermine his expressed desire to establish a custodial
relationship that serves the best interests of his daughter.
8. Admitted.
WHEREFORE, Defendant, Cherie L. Miller, respectfully prays that the request of
Plaintiff, Alfred L. Miller, Jr., for primary physical custody of the subject minor child be denied
and that this Honorable Court enter a Custody Order confirming the established custodial
relationship between the parties with Defendant having primary physical custody of the child and
establishing a schedule of partial physical custody that Plaintiff will comply, inclusive of specific
exchange times by which the parties are compelled to comply and other provisions that are in the
best interests of the child and promote adherence to a regular schedule of custody.
6
Respectfully submitted,
JAMES, SMITH, DIETTERICK & CONNELLY LLP
Date: January 14, 2010 By:
JAR.AD W. HA LMAN, ESQUIRE
I.D. No. 82629
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Attorneys for Defendant, Cherie L. Miller
7
VERIFICATION
The undersigned, CHERIE L. MILLER ,hereby verifies that the facts set forth in the
foregoing document are true and correct to the best of her knowledge, information and belief and
further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
CHERIE L. MILLER
CERTIFICATE OF SERVICE
I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a true and
correct copy of the foregoing Answer to Complaint for Custody upon the following below-
named individual(s) by facsimile of same on the 14th day of January, 2010 and via hand-delivery
on the 15th day of January, 2010:
SERVED UPON:
Elizabeth B. Stone, Esquire
414 Bridge Street
New Cumberland, PA 17070
Facsimile (717) 774-3869
Hubert X. Gilroy, Esquire
10 East High Street
Carlisle, PA 17013-3015
Facsimile (717) 243-1850
JAMES, SMITH, D ERICK & CONNELLY, LLP
JARAD W. HANDELMAN, ESQUIRE
Attorney I.D. #82629
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
JAN ?. 7 2010
ALFRED L. MILLER, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
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vs. CIVIL ACTION -LAW ~ ` `~ ~';
_,,
CHERIE L. MILLER (FETTERMAN), NO. 2009-8438 ' ~ ` N " ~'.
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Defendant IN CUSTODY -=
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COURT ORDER =% C`' ~-?
AND NOW, this ~ day of January, 2010, upon consideration o f the attached
Custody Conciliation Report, it is ordered and directed that the following TEMPORARY Order
is entered:
1. The father, Alfred L. Miller, Jr., and the mother, Cherie L. Miller, shall enjoy shared
legal custody of Alexis Lyn Miller, born June 17, 2003
2. The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy periods of temporary physical custody of the minor child as
follows:
A. On alternating weekends from Friday at 4:45 p.m. until Monday morning
when the Father shall deliver the child to school. Father's overnight on
Sunday night is conditioned upon Father making arrangements with his
employer that he can be present on Monday morning for transportation and
handling the custody of the child.
B. Every Monday evening from 4:45 p.m. until 7:30 p.m.
C. Every Thursday evening. On the two Thursdays prior to the weekend Father
has custody, Father's Thursday evening shall not be overnight and shall only
be from 4:45 p.m. unti17:30 p.m. On the Thursdays preceding the weekend
when Mother has custody, Father shall enjoy an overnight on Thursday
evening and deliver the child to school on Friday subject, again, to the
requirement that Father will be available on Friday morning for handling
custody of the child.
4. The parties shall meet for another custody conciliation conference on Friday,
April 16, 2010, at 9:30 a.m. At this conference, the parties will address whether
an agreement can be reached on a permanent Order. The parties reserve the right
to advance any position at a hearing in this case that maybe contrary to the Order
set forth above.
5. The parties shall work between themselves in order to arrange for an Easter
holiday schedule between the parties, and shall also discuss a permanent holiday
schedule for the full year. If the parties are unable to reach an agreement on the
Easter holiday, counsel for the parties may contact the Conciliator directly to
schedule a telephone conference call and the Conciliator shall have authority to
address that issue.
6. Exchange of custody shall continue to be at the CVS off Fishing Creek Road,
unless the parties agree to another location for exchange.
BY THE COURT,
Judge
cc: 'zabeth B. Stone, Esquire
./farad W. Handelman, Esquire
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ALFRED L. MILLER, JR.,
Plaintiff
vs.
CHERIE L. MILLER (FETTERMAN),
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2009-8438
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 child who is the subject of this litigation
is as follows:
Alexis Lyn Miller, born June 17, 2003
2. A Conciliation Conference was held on January 15, 2010, with the following
individuals in attendance:
the father, Alfred L. Miller, Jr., with his counsel, Elizabeth B.
Stone, Esquire, and the mother, Cherie L. Miller, with hei• counsel,
Jarad W. Handelman
3. On the recommendation of the Custody Conciliator, the parties agreed to the order
of a TEMPORARY Order in the form as attached.
Date: January / , 2010
Y
Hubert X. ilroy, Esquire
Custody onciliator
ALFRED L. MILLER, JR.,
PLAINTIFF
V.
CHERIE L. MILLER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
09-8438 CIVIL TERM
ORDER OF COURT
AND NOW, this ~~ day of August, 2010, upon consideration of
defendant's petition for emergency relief, plaintiff is directed to return the minor child,
Alexis L. Miller, to defendant, either at her residence or at the Panera Bread location
customarily used by the parties, no later than 5:30 p.m., on August 24, 2010. The court
finds that it is in the best interest of the child to spend the night before the first day of
school in defendant's home and to ride the bus to school on the first day.
By the Court,
~ Elizabeth B
For Plaintiff
Stone, Esquire
~herie L. Miller, Pro se
may ~t . ~~~
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Albert H. M land, J.
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ALFRED L. MILLER JR.
PLAINTIFF
V.
CHERIE L. MILLER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2009-8438 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, August 31, 2010-, 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, October 14, 2010 at 9:30 AM
. --..... _
for a Pre-Nearing 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/ Hubert X. !q# oy_Esq._ 1A_____
Custody Conciliator 1
The Court of Common Pleas of Cumberland County is required by law to comply e?, ith 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
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Carlisle, Pennsylvania 17013>?_ .=a
-{? Telephone (717) 249-3166 .a
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ALFRED L. MILLER,JR
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNYLVANIA
VS.
CHERIE L. MILLER,
Defendant
NO. 09-8438 CIVIL
CIVIL ACTION - CUSTODY
NOTICE AND ORDER TO APPEAR
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Legal proceedings have been brought against you alleging you have willfully disobeyed
an Order of Court for Emergency Relief.
If you wish to defend against the claims set forth in the following pages, you may, but
are not required to, file in writing with the court your defenses or objections.
Whether or not you file in writing with the court your defenses or objections you must
appear in person in court on the day of O ,
2010, at 1.30 amlpm in Courtroom S , Cumberland County
Courthouse, Carlisle, Pennsylvania.
If you do not appear in person, the court may issue a warrant for your arrest
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If the court finds you have willfully failed to comply with this Order for Emergency Relief,
you may be found to be in contempt of court and committed to jail, fined or both.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Court Administrator's Office
Cumberland County Courthouse
1 Courthouse Square, Rm 400
Carlisle, PA 17013
Ph: 717.240.6200
Q3 Date
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Q .1111 &'2 - 4/?a l io -??'1
By the Court
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pd\mot\amend.motF:\DOCS\PD\PET\miller pet to withdrwcounsel.wpd
ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
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PENNSYLVglyIA
ALFRED L. MILLER, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 09-8438
CHERIE L. MILLER (FETTERMAN), CIVIL ACTION - LAW
Defendant IN CUSTODY
PETITION TO WITHDRAW APPEARANCE
AND NOW comes your Petitioner, Stone LaFaver & Shekletski, and
respectfully petitions this Honorable Court for leave to withdraw her
appearance as counsel for Alfred L. Miller, Jr., and in support
thereof, avers as follows:
1. Alfred L. Miller, Jr., an adult individual, resides at 5412
Legene Lane, Enola, Pennsylvania, 17025.
2. Your Petitioner, counsel for Plaintiff, has determined that
she is unable to continue the representation of Alfred L. Miller, Jr.
for a variety of reasons which, if necessary, will be addressed at a
hearing regarding this Petition.
-1-
3. Your Petitioner has sent a copy of this Petition to the
Plaintiff, together with an Affidavit to Consent to the Withdrawal of
Counsel and a Rule to Show Cause.
WHEREFORE, your Petitioner, Elizabeth B. Stone, respectfully
requests this Court to grant her leave to withdraw her appearance as
attorney for Alfred L. Miller, Jr.
Respectfully submit~t`ed,
STONE LaFAVER
By
Eli~"a~h B . /Ston Esquire
414~~ridge ~tre P.O. Box E
N~'w Cumb ~ an PA 17 0 7 0
~~Pelephon~.: ~-" l17) 774-7435
Dated: September 16, 2010 ;~ Attorne s for Plaintiff
-2-
fl\cus\lservice
CERTIFICATE OF SERVICE
I, Elizabeth B. Stone, of the law firm of Stone LaFaver &
Shekletski, attorneys for Plaintiff, Alfred L. Miller, Jr., do certify
that on this date I served the forgoing document by first class mail
upon the following:
Alfred L. Miller, Jr.
5412 Legene Lane
Enola, Pennsylvania 17025
Cherie L. Miller, Pz
140 Pleasant Hill Rc
Lewisberry, Pennsyly
DATE: September 16, 2010
I Hi ON 0 TA I 1'Y
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ALFRED L. MILLER, JR., : IN THE COURT OF COMMON P iA,_, O0
Plaintiff : CUMBERLAND COUNTY, PENn,IY?N 0 COUNTY
• PE'11NS`?'LVANIA
V. NO. 2009-8438
CHERIE L. MILLER : CIVIL ACTION -LAW
Defendant : IN CUSTODY
PETITION FOR RULE TO SHOW CAUSE WHY DEFENDANT SHOULD NOT
BE FOUND IN CONTEMPT
TO THE HONORABLE ALBERT H. MASLAND:
The Petitioner, ALFRED L. MILLER, JR., (hereinafter "Father"), respectfully
represents:
1. That a custody hearing was held before the Honorable Albert H. Masland on
May 13, 2010, at which time the parties were able to reach a settlement. See Order dated
May 13, 2010, attached hereto and hereinafter referred to as Exhibit "A".
2. The Petitioner represents that the Respondent, CHERIE L. MILLER
(hereinafter "Mother"), has willfully and continually failed to abide by the above order
for the following reasons:
3. Mother denied father and child's visitation, as follows:
(a) On Thursday, September 2, 2010 mother denied father his custodial
time with the child following an early dismissal from school (WSSD dismissed school
early due to excessive heat). Mother's stated reason for this was that the child did not
wish to see her father. Mother has routinely made similar remarks to father.
(b) On Friday, August 27, 2010 father was notified by child's school
principal that mother had written a note excusing the child from school at 2:45 due to an
"appointment". Father was to pick up the child from school at 3:30 for the
commencement of his custodial weekend. Mother proceeded to pick the child up from
school despite a Newberry Township police officer's request that she refrain from doing
so. At that time police warned mother that by doing so she was in direct contempt of a
custody order. Mother ignored police request and subsequently denied father his entire
weekend of visitation with the child. It should be noted that mother never informed
father that the! child had an "appointment" on this day.
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(c) On Thursday, August 26, 2010 mother kept the child home from
school and failed to notify father. Father only learned of the child's absence when he
arrived to pick her up for the commencement of his custodial time. At 6:30 that same
evening father found the child attending cheerleading practice; appearing active and
healthy. Fairview Township Police responded and mother was told to leave the practice
area and not return. Mother's actions caused emotional harm to the child and have
resulted in a written warning by the Red Land Midget Football Association that any
future misconduct will result in the child's removal from the cheerleading program. See
e-mail from cheerleading coordinator, Pat Callahan, dated Friday, August 27, 2010,
attached hereto and hereinafter referred to as Exhibit "B". Additionally, it appears that
mother has interfered in child's education in her efforts to keep father from child. This is
completely unacceptable and clearly not in the child's best interest.
(d) On Thursday, August 19, 2010 mother refused father his custodial
time because the child was scheduled to attend her new school orientation. Mother's
stated reason for this was that this was her responsibility and not that of the father.
(e) On Thursday, July 15, 2010 mother refused father his custodial time
indicating that the child was sick. Father later learned that the child had spent the entire
day with a friend. When father requested that the parties switch days due to his lost day
of visitation with the child, mother refused.
4. Mother has continuously and deliberately violated paragraph #1 of the custody
order in her blatant attempts to prevent father from participating in major decisions
regarding the welfare of the child. Specifically, father notes the following:
(a) Mother has relocated again and instructed the child to keep this
information from the father. This move has resulted in the child attending yet another
new school. This will be the child's fourth school as she heads into the second grade.
Father only learned of this new school sometime during the last week of July, 2010, just
three weeks prior to the beginning of the new school year. Furthermore, the information
was not provided by the mother, but by mother's paramour, Hyland McDermott.
(b) Mother attempted to schedule the child for mental health therapy
without father's knowledge or consent. On Tuesday, August 10, 2010, father received a
call from Dr. Ed Batista's office. During that call father was informed that mother had
attempted to schedule therapy for the child at which time mother was told she would need
permission from the child's father. When father called mother to inquire about the
therapy, mother refused to discuss the issue.
(c) Although not quite in the category of major life changes as are
education and mental health, father notes that mother has continually interfered in
gymnastics, an activity father has had the child involved in for the past two years.
Additionally, mother has attempted to prevent father from receiving information
regarding the child's new cheerleading activity, even though this activity takes place, in
part, during father's periods of custody.
5. Mother has repeatedly, continually and deliberately violated paragraph #4 of
the custody order in her chronic and deliberate tardiness. Her lack of respect and
vindictiveness has caused father and his paramour, Lisa Faulkner, to be late for work on
numerous occasions. Furthermore, on two such occasions mother neglected to even
advise the other parties that she was running as much as forty minutes late.
6. Mother has violated paragraph #5 of the custody order in that she left the child
in the care of her grandfather while mother was away for the Memorial Day weekend.
Father was never notified of this period of unavailability and would have been more than
happy to have cared for the child during mother's absence.
7. Mother has violated paragraph #6 of the custody order. On Monday, July 19,
2010, mother notified father she would be taking the child on vacation beginning
Thursday, July 22, 2010 (father's next scheduled period of custodial time with the child).
Furthermore, mother stated she would not be returning with the child until Tuesday,
August 10, 2010 so that father would not see the child again until his next scheduled
period of custodial time, on Thursday, August 12, 2010. At 2:30 pm on Monday, August
9, 2010 mother contacted father and stated that they had returned early and she would
allow him to exercise his period of custody for that evening. In all, mother's last minute
vacation plans kept the father from the child for twenty days, a period of time that well
exceeds her allotted two weeks of vacation. It should be noted father recently learned
that mother did not leave for her vacation until sometime after July 26, 2010. As such,
mother unfairly denied father his visitation with the child on Thursday, July 22, 2010 and
on Monday, July 26, 2010.
8. Mother has violated paragraph #7(b) in that she failed to pick up the child for
the 4th of July holiday, a holiday reserved for mother in the 2010 calendar year. Despite
that in paragraph #7, the court order clearly states that all holidays shall begin at noon;
mother insisted that this particular holiday start at 9:00 am. Father clearly communicated
to mother that he would meet her at noon. Father and child waited for mother, who failed
to show or call to advise she would not be there. Mother's behavior was obviously
emotionally upsetting to the child and clearly not in her best interests.
WHEREFORE, Petitioner./Plaintiff requests your Honorable Court to issue an
order setting a hearing at which the Defendant may show cause, if any, why she should
not be found in contempt.
Respectfully submitted,
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Alfred L. Miller, Jr., petitioner/Plaintiff
Date: 11, -?pt 1
VERIFICATION
The undersigned, ALFRED L. MILLER, JR., hereby verifies that the facts set forth in the
foregoing document are true and correct to the best of his knowledge, information and
belief and further states that false statements herein are made subject to the penalties of
18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
AMA L. Miller, Jr., Petitioner/Plaintiff
CERTIFICATE OF SERVICE
I, ALFRED L. MILLER, JR., do herby certify that I served a true and correct copy of the
foregoing Petition for Contempt upon the following below named individual by U.S.
Mail, Certified Return Receipt, this Friday, September 17, 2010.
SERVED UPON :
Cherie L. Miller
85 York Hill Road
Etters, PA 17319
Alfred L. Miller, Jr." Petitioner/Plaintiff
ALFRED L. MILLER, JR.,
Plaintiff
V.
CHERIE L. MILLER (FETTERMAN),
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2009-8438
IN CUSTODY
ORDER OF COURT
AND NOW, this 13th day of May, 2010, the record should
reflect that all parties met in the Jury Assembly Room and were
a?_e to reach an agreement without the Court's intervention.
Although the Court listened to and encouraged the parties, the
following terms constitute their settlement of this case.
1. The part-Les shall share legal custody of the minor
child, Alexis Lyn Miller, date of birth, June 17, 2003.
2. Mother shall retain primary physical custody of
the minor child.
3. The father shall enjoy periods of physical custody
with the manor child as follows:
A. Alternating weekends beginning on Friday, May
21st, from Friday after school, with father picking up the child at
school, until Monday morning when father shall deliver the child to
school. Father will make all efforts to transport the child to
school himself; however, if he is not able to do so, mother
acknowledges that father's significant other, Lisa Faulkner, is
capable of and permitted to transport the child.
B. Every Monday father shall pick up the child from
school. Every other Monday mother shall pick up the child after
her gymnastics program at CPAG, located in the Gateway Shopping
Plaza. On the alternate Monday evenings beginning with the first
':.day after the close of the school year, June 10, 2010, father
M
1Z shall have an overnight with the minor child and deliver the child
F -n eiti7er to school the next morning, or in the event that school is
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out of session, father shall arrange for transportation of the
child to the mother's home or for mother to pick up the child at
father's .home, in the event that father is working on Tuesday.
C(1). During May of 2010, father shall have physical
custody of the child every Thursday evening. On the two Thursdays
prior to his weekend of custody, this period of custody shall run
from after school until the parties meet at the Panera Bread
parking lot in the Camp Hill Shopping Center to exchange custody at
7:30 p.m. or as the parties otherwise agree.
On those Thursdays that do not occur as part of
father's weekends with the child, his period of custody shall be an
overnight and deliver the child either to school the next morning,
or in the event there is no school, father shall arrange for
transportation of the child to the mother's home or for mother to
pick up the child at father's home.
C2). Beginning June 10, 2010, father shall enjoy an
additional third Thursday as an overnight, therefore, the following
Thursdays shall be overnights with father: The 10th, 17th and the
24th.
C(3). Beginning in July, 2010, the parties' agree
that father shall have every Thursday evening as an overnight with
the minor child.
4. Transportation of the minor child following an
overnight where the child normally would have attended school shall
be: (a) by the father prior to work, (b) by Lisa Faulkner
transporting to a mutually agreeable location, or, (c) by mother
who will pick up the child at father's home.
In the event that the parties cannot agree on a
location for an exchange, the parties agree to meet at Panera Bread
at 8:00 a.m. whether that be on a Tuesday or Friday morning.
S. The parties agree that when the child is in the
custody of one of the parents and there is a period of time that
requires the custodial parent to be away from the child, the
parties shall first communicate this effectively to one another and
decide whether the party shall return the child to the other parent
during this period of unavailability.
If this period of unavailability falls during a period
of custody during which the custodial parent would normally have
the child for the entire weekend, the parties agree that the child
shall be returned to that parent as soon as feasibly possible so
that the parent enjoying the custodial weekend shall have the child
for as many hours as possible during his or her weekend.
In conformity with the intentions of this paragraph,
either parent shall notify the other if he or she is unavailable
for more than eight hours during a period where he or she has
cust-odv.
6. Vacation: Each party shall be entitled to two
consecutive full weeks of vacation during the year, which may occur
during child's summer vacation from school.
Each party agrees to notify the other party by May 1st
if at all possible so as to allow the other party to accommodate
their schedule. In 2010, mother has indicated that she shall be
enjoying at least a one-week vacation sometime during the last week
of July, possibly including the first full week of August.
7. Holiday schedule: All holidays shall begin at
noon.
A. The child shall be with the mother for Mother's
Day, and with father on Father's Day.
B. The parties agree to treat the following holidays
as one-day holiday rotations: Memorial Day, July 4th, Labor Day,
Thanksgiving Day, Christmas Eve, Christmas Day, New Year's Eve and
Easter.
For the balance of 2010, Father shall enjoy Memorial
Day, Labor Day, Christmas Eve and New Year's Eve. Mother shall
enjoy July 4th, Thanksgiving Day and Christmas Day.
Because there was a question with respect to Easter
2010, the parties agree that Mother shall enjoy Easter in 2011 from
9:00 a.m until 7:30 p.m.
In order to rotate the holidays in 2011 (as there
would otherwise be no change from 2010), mother shall also enjoy
the next holiday, Memorial. Day 2011, after which the holidays shall
be rotated from year to year.
8. The parties have agreed to this revised schedule
with the understanding that at the end of the summer, prior to the
2010-2011 school year, they will revisit this through a conference
with the conciliator or by either party filing a petition for
modification. The parties may approach the conciliator directly to
schedule a. conciliation.
By the Court,
Albert H. Masland, J.
Elizabeth B. Stone, Esquire
For the Plaintiff
Abraham Prozesky, Esquire
For the Defendant
pcb
TRUE COPY.FROM RECORD
In Testimony whereof; i here unto set my hang
and the seal f sold Co at Carlisle, Pa.
This 9=fty of . 20
Prothon ry
Miller, Alfred
From: Callahan, Pat CONT [pat.callahan@navy.mil]
Sent: Friday, August 27, 2010 10:30 AM
To: Miller, Alfred; twobuyahome@aol.com
Cc: JEFJENM@AOL.COM; Michelle Hartz; Bonnie J. Donovan; Ricoluv6@aol.com; Leon
Eckman; Eckman, Paula J.
Subject: Alexis
I wanted to email both of you about the issues that are occurring regarding your daughter.
Last night the police were called by Mr. Miller due to an obvious problem between the two of
you regarding your daughter. Mr. Miller made it clear that his custody agreement stated he is
to have Alexis on Thursdays, from what I was told, the police were shown an copy of the
custody papers and agreed that was the case and Cherie was asked to go home and not return by
the police. Mr. Miller also informed us that his custody agreement stated he has visitation
with Alexis this weekend and he was concerned there could be problems with Cherie.
Now I receive and email from Coach Ten that she was contacted by Cherie who is inquiring
about Alexis` Bow and Socks for this weekend and that she will be there this weekend. In her
email the following statement was made:
"her father will try and keep her from me again"
I want to make it very clear to both of you that this situation must stop NOW. We at RLMF do
not tolerate this kind of behavior. We do not get involved with domestic issues nor do we
allow them to play out at our field or, any of our events. We will not tolerate police being
called, parents arguing etc. Therefore I suggest that you both figure out a way to make this
work for your daughters sake. After all this is about her and she really seems to be
enjoying cheerleadi.ng and having a good time. We do not want to see her have to suffer
because of her parents inability to be civil with each other.
I also want to make it clear that Coach Jen is not to be put in the middle of your problems
with each other. She is a volunteer who gives generously of her time and she is not be to be
pumped for information etc. Both parents have the right to be informed with regards to
Alexis. Unless one of you can provide us with a court order stating otherwise, both parents
will continue to receive update emails and information from the coach/team moms. None of us
will be involved with who gets what or, who is to pick up etc..... you must work this out
between you two.
There is a code of ethics that is given out with the registration and we strictly abide by
it. I have copied it below for you to reread. It clearly states that any misconduct is
grounds for removal. It also clearly states that our organization is for the kids and about
the kids, we do not want an unpleasant atmosphere for any of our children including Alexis.
It states that you promise to put the emotional and physical well being of the children ahead
of any personal goals. I think this statement speaks volumes and therefore, I STRONGLY
suggest you work this out between you two for your daughters sake. I would hate to see her
have to give up something she clearly enjoys because one or both of you cannot get along. I
wanted to take this opportunity to let: you know where our organization stands on this to
avoid any unpleasant situations from arising. I want to stress very strongly that if there
are any more issues that arise, the police will be called and charges will be pressed by RLMF
if any arguing/fighting/disputes happen on our premises. One more problem and we will remove
your daughter from our program. That includes any problems that arise at any game or
practice.
Pt AINTIFF's
1 1 m WIRI T
I am a long standing member of the Board at RLMF and a cheerleading coordinator. I have info
copied our fellow coordinators and our board president and vice president. I sincerely hope
that you consider your daughter's happiness and figure this out.
RED LAND MIDGET FOOTBALL ASSOCIATION
PARENTS' CODE OF ETHICS
I HEREBY PLEDGE TO PROVIDE SUPPORT, CARE AND ENCOURAGEMENT FOR MY CHILD PARTICIPATING IN RLMF
FOLLOWING THIS CODE OF ETHICS.
I WILL ENCOURAGE GOOD SPORTSMANSHIP BY DEMONSTRATING POSITIVE SUPPORT FOR ALL PLAYERS,
COACHES, CHEERLEADERS, ADVISORS, AND OFFICIALS AT EVERY PRACTICE OR GAME.
I WILL PLACE THE EMOTIONAL AND PHYSICAL WELL-BEING OF THE TEAM AND CHEERLEADING SQUAD AHEAD
OF ANY PERSONAL GOALS.
I WILL INSIST THAT MY CHILD PLAY IN A SAFE AND HEALTHY ENVIRONMENT.
I will provide support for coaches, advisors and officials working with my child to provide a
positive, enjoyable experience for all.
I will remember that the game is for children and not for adults.
I WILL DO MY VERY BEST TO MAKE Midget Football and Cheerleading fun for my child.
I will ask my child to treat other members of the association, fans and officials with
respect at all times.
I understand that any form of disrespect or misconduct by myself, my family members or my
child can result in dismissal from the RLMF Association.
L
pd\mot\amend..mctF:\DOCS\PD\PET\miller rule to show cause.wpd
SEP 17 `LU1U
ALFRED L. MILLER, JR.,
Plaintiff
V.
CHERIE L. MILLER (FETTERMAN),
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-8438
CIVIL ACTION - LAW
IN CUSTODY
RULE
AND NOW, this day of 2010, upon
consideration of the Petition for Leave to Withdraw as counsel for
Alfred L. Miller, Jr., a Rule is hereby entered upon Alfred L. Miller,
Jr., to show cause, if any, why the Petition should not be granted and
why Elizabeth B. Stone, Esquire, should not be permitted to withdraw
as counsel for Alfred L. Miller, Jr.
Rule returnable in .!
days of service.
BY THE COURT:
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ALFRED L. MILLER, JR. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V' 2009-8438 CIVIL ACTION LAW
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
ORDER OF COURT
AND NOW, Thursday, September 23, 2010 ,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, October 14, 2010 at 9:30 h'I
for aPre-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,
FOR. THE COURT,
By: /s/ Hubert X. Gilro Es .
Custody Conciliator
CHERIE L. MILLER IN CUSTODY
DEFF...NDANT
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
g~a3 /I ~ Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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ALFRED L. MILLER, JR.,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
CHERIE L. MILLER,
Defendant 09-8438 CIVIL TERM
IN RE: RULE TO SHOW CAUSE
ORDER OF COURT
AND NOW, this 1st day of October, 2010, the
parties having appeared on Defendant's Emergency Petition for a
Rule To Show Cause why Plaintiff Should not be Found in Contempt,
and it appearing that Plaintiff subsequently filed a petition to
find the Defendant in contempt, which has been referred to a
conciliator, the Court directs that Defendant's petition be
likewise referred to the conciliator and be heard on October 14,
2010, at 9:30 a.m.
~fred L. Miller, Jr.
5412 Legene Lane
Enola, PA 17025
Pro se Plaintiff
~arley Holt, Esquire
34 North Queen Street
York, PA 17403
For Defendant
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By the Court,
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Albert H. Masla d, J.
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DEC 2 2 2010
ALFRED L. MILLER, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSXLV,AN IdO
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Defendant IN CUSTODY
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PRIOR JUDGE: Albert H. Masland v z . D
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COURT ORDER
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AND NOW, this 2 2Gtday of December, 2010, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Court Room No. 5 of the Cumberland County Courthouse
on the ;I '0? day of ftmm - , 2011 at LP m. At this hearing, the mother
shall be the moving party and shall proceed initially with testimony. Counsel for the
parties, or the parties themselves if they do not have counsel, shall file with the Court
and opposing counsel or party a memorandum setting forth in detail the history of
custody in this case, the issues currently before the Court, a summary of each parties
position on these issues, a list of witnesses who will be called to testify on behalf of
each party and a summary of the anticipated testimony of each witness. This
memorandum shall be filed at least five days prior to the mentioned hearing date.
2. Pending further order of this court, this court's existing prior Order of May 13, 2010
shall remain in place.
3. Pending said hearing, in the event either parent desires to proceed with enrolling the
minor child in counseling, both parents are directed to cooperate and sign all
necessary information relating to gaining the child access to counseling. Any
counseling fees not paid for by insurance shall be shared equally between the parties.
The counselor is directed at a minimum to meet with both parents and discuss the
nature and reason for the counseling, with the counselor to share information with the
parents as appropriate and as determined by the counselor.
BY THE COURT,
udge Al ert H. Masland
cc: / Farley G. Holt, Esquire
Mr. Alfred L. Miller J
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ALFRED L. MILLER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CHERIE L. MILLER (FETTERMAN),
Defendant
PRIOR JUDGE: Albert H. Masland
: CIVIL ACTION -LAW
NO. 2009-8438
: 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 child who is the subject of this litigation
is as follows:
Alexis Lyn Miller, born June 17, 2003
2. A Conciliation Conference was held on December 17, 2010, with the following
individuals in attendance:
The father, Alfred L. Miller, Jr., who appeared without counsel, and the
mother, Cherie L. Miller, with her counsel, Farley G. Holt, Esquire
3. These parties were before the court this past May at which time an order was entered
based upon what appeared to be an agreement of the parties. Since that time, it
appears to the conciliator that the parties have been at odds on a number of issues.
Mother has filed a Petition for Special Relief. Father has filed a Petition for
Contempt. Mother has correspondingly suggested that father is in contempt. Mother
is seeking a modification of the existing order. The parties appear to have very little
ability to have meaningful communication concerning the custody situation. An
agreement could not be reached at the conciliation conference and a hearing is
required.
4. The Conciliator recommends an Order in the form as attached.
Date: December Q 0 , 2010
Hubert X. Gilroy
Custody Concilj
ALFRED L. MILLER, JR. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. . NO. 2009-8438 c N
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CHERIE L. MILLER :CIVIL ACTION -LAW m
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Parenting Plan xa ZF5
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This Parenting Plan involves the following child:
Alexis Lyn Miller, Age 8 (DOB: 6/17/03)
Plaintiff (hereinafter "Father") resides at 36 Timber Lane, New Cumberland in York County, PA
Defendant (hereinafter "Mother") resides at 85 York Hill Road, Etters in York County, PA
That joint legal responsibility and joint physical responsibility for said child, Alexis Lyn
Miller, be ordered. That natural Parents Cherie Miller and Alfred Miller shall share and
participate in the joint legal and joint physical responsibility for said biological child.
That Parents shall share custody of said child as set forth below:
2. That during months when school is in session Mother shall have parenting time set forth
every other weekend beginning Friday after school releases until Monday morning when
school commences. Additionally Mother shall have parenting time on Tuesdays and
Wednesdays after school releases until the following mornings when school commences.
During months when school is in session Father shall have parenting time set forth every
other weekend beginning Friday after school releases until Monday morning when school
commences. Additionally Father shall have parenting time on Mondays and Thursdays
after school releases until the following mornings when school commences. The Parent
commencing his/her custodial period is to provide transportation for said child, which
he/she may delegate to a responsible adult. The pick-up and drop-off location shall be at
the child's school, or in the event school is not in session, at either Parent's residence or
an agreed upon public place.
3. That when school is out of session aforementioned parenting times shall commence at
regular after school hours of 4:00 pm until the following morning at 8:30 am. In the
event either Parent intends to leave said child for a period of eight (8) hours or longer,
that Parent shall first offer the other Parent an opportunity for additional time with said
child before making other arrangements for the child's temporary care. The Parent
receiving extra time with said child will provide for transportation, which he/she may
delegate to a responsible adult. The Parent leaving said child with the other Parent, or
with a temporary child care provider, shall notify that Parent of the duration of the
parenting time or temporary care of said child by other persons.
4. That school attendance for said child of school age is MANDATORY. Each Parent shall
be notified should said child miss school for any reason.
5. That the attached Holiday and Vacation schedule be ordered. That the Parent receiving
said child for their summer vacation or holidays shall provide for transportation, which
he/she may delegate to a responsible adult. The pick-up and drop off location for said
child shall be at either of the Parent's respective residences or an agreed upon public
place. CONFLICTS CLAUSE: Vacation days and Holidays shall prevail over regular
periods of custody.
6. That each Parent shall permit and encourage communication by the other Parent with
ALL doctors, clinics, school nurses, counselors, and other healthcare providers regarding
the health and welfare of said child.
7. That each party shall see that ALL state, legal, medical, surgical, dental, psychiatric,
psychological, counseling, test, criminal and school records for said child are available
and accessible to both parties. That either Parent shall be provided with copies of the
Birth Certificates, Social Security cards, and Driver's License of said child.
8. That each Parent shall provide advance notification to the other Parent about proposed
and forthcoming medical care, and each Parent shall notify the other Parent within twelve
(12), hours of any illness or accident requiring medical attention or any medical
emergency involving said child, and within two (2) hours of any life threatening illness or
accident.
9. That in the event the Parent returning said child from a custodial period, finds that the
Parent receiving said child is not at the designated child return location, then the Parent
returning said child shall wait at least fifteen (15) minutes past the court ordered return
time before leaving, unless prior arrangements for late arrival have been made. Also,
before leaving, the Parent returning said child shall notify the other Parent by any means
available that he/she was at the appointed location, the time he/she arrived, and the time
he/she departed. The tardy Parent that was to receive said child, is then ordered to
provide for return transportation of said child for this parenting time or custodial period
only, which he/she may delegate to a responsible adult.
10. That Father shall exercise the Federal and state dependency tax deductions with
reference to said child as long as Father is providing more than fifty percent (50%) of
support of said child. Should Mother begin earning a provable wage, and begin
providing fifty percent (50%), or more of the support of said child, the Federal and State
dependency tax deductions shall be alternated between the Parents; one Parent taking the
deduction one year and the other Parent taking the deduction the following year.
11. That it be understood partial or reduced parenting time is more beneficial to said child
than no parenting time. Should valid reason occur, such that one Parent is not able to
exercise his/her entire parenting/vacation time or custodial period with said child, make-
up time shall be allowed and agreed upon in writing, should the Parent request said
reduction and make-up time in writing. That both Parents shall cooperate in supplying
said child with the full advantage of time with the other Parent.
12. That each party shall provide the other party with the telephone number and address at
which each party resides, and shall notify and provide the other party in advance, or
within twenty-four (24) hours, of any change in telephone number and sixty (60) days
(when possible), of any change in address.
13. That each party shall keep the other party informed of the names of all non-related
persons residing at or visiting the residence of said child for a period of more than three
(3) weeks.
14. That each party shall be prohibited and enjoined from contacting the employer(s) of the
other party for any reason whatsoever. That each party shall not ask, encourage or allow
ANY other person to contact the employer(s) of the other party. All contact with the
other party shall be limited during hours of employment to emergency contact regarding
the immediate care of, or urgent health and welfare of said child.
15. That each Parent shall provide the other Parent promptly upon being requested to do so,
with information concerning the well-being of said child including, but not limited to;
weekly school attendance reports, reports concerning completion of homework, copies of
report cards, school meeting notices, vacation schedules, class programs, requests for
conferences, results of diagnostic tests, notices of activities involving said child, samples
of school work, order forms for school pictures, communications from health care
providers; the names, addresses and telephone numbers of all schools, regular day care
providers, all health care providers, counselors, church or other activity supervisors, and
friends, schoolmates and relatives, unless specifically prohibited to do so by any friend,
schoolmate or relative, for said child.
16. That each party shall NOT deny ANY parenting time with the other Parent because said
child is busy, not available, are being punished, are suffering an illness, or refuse to go on
the scheduled parenting time or custodial period. The receiving Parent shall have the
OPTION of verifying the illness of said child by telephone, and shall have the option of
caring for said sick child unless said sick child is under the care of a physician for serious
illness. Parent shall provide telephone numbers for contacting the physician currently
caring for said sick child. Make up time in whole or part shall be provided to said Parent
should Parent be unable to exercise the court ordered parenting time or custodial period.
17. Holidays. All holidays shall begin at 12:00 pm and end at 7:00 pm, provided said child
is to be returned to the other party pursuant to the aforementioned parenting times.
Exceptions include Easter Eve, Christmas Eve and New Year's Eve. These holidays are
meant to include an overnight and shall end at 12:00 pm the following day. The parties
agree to treat the following holidays as one-day holiday rotations:
Holiday Even years Odd -years Every Yea
Mother's Day - - Mother
Father's Day - - Father
Easter Eve Mother Father -
Easter Day Father Mother -
Memorial Day Father Mother -
July 4 h Mother Father -
Labor Day Father Mother -
Thanksgiving Mother Father -
Christmas Eve Father Mother -
Christmas Day Mother Father -
New Year's Eve Father Mother -
18. Summer Vacation. Each party shall be entitled to two full weeks (non-consecutive) of
vacation, which may occur during the child's summer vacation from school. Each party
agrees to notify the other party by May 1 st, if at all possible, so as to allow the other party
sufficient time to accommodate their schedule.
Respectfully submitted,
Alfred L. Miller, , Plaintiff
Date: I
CERTIFICATE OF SERVICE
I, Alfred L. Miller, Jr. do hereby certify that I served a true and correct copy of the
forgoing Parenting Plan upon the following below named individual by U.S. Mail,
Certified Return Receipt, on the 95 day of August, 2011.
SERVED UPON:
Farley G. Holt, Esquire
34 North Queen Street
York, PA 17403-1400
Alfred L. Miller, r., Plaintiff
I
ALFRED L. MILLER, JR.,
Plaintiff
vs.
CHERIE L. MILLER (FETTERMAN),
Defendant
PRIOR JUDGE: Albert H. Masland
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA-
CIVIL ACTION - LAW T7
N0.2009-8438
cr,
IN CUSTODY -a
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COURT ORDER
AND NOW, this day of October, 2011, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. This Order reaffirms that the parties have SHARED LEGAL CUSTODY of Alexis
Lyn Miller, born June 17, 2003. Prior Orders of this Court with respect to physical
custody shall remain in effect. However, in that both parents enjoy SHARED
LEGAL CUSTODY, all healthcare providers, educational institutions and other
entities dealing with the minor child are hereby authorized to provide information to
both parents on an equal basis.
2. Consistent with paragraph 2 of this Court's prior Order of March 21, 2011, the
parties shall attend at least one parental counseling session. Father shall make
arrangements for this session and shall advise mother through her attorney of the
location of the counseling session, the date and the time. Communication by father
shall be by via email or some other type of verifiable communication so that there is
no issue with respect to whether the parties have been advised relative to the
scheduling of this counseling session.
3. The father's Petition to hold the mother in Contempt is withdrawn subject to the
father's ability to raise issues included in that petition in a later Petition for Contempt
if fathers deems such as appropriate.
BY THE COURT,
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cc: Farley G. Holt, Esquire
Mr. Alfred L. Miller oTjes Mo?
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Albert H'. Masland
1
ALFRED L. MILLER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CHERIE L. MILLER (FETTERMAN),
Defendant
PRIOR JUDGE: Albert H. Masland
: CIVIL ACTION - LAW
NO.2009-843 8
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:
The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Alexis Lyn Miller, born June 17, 2003
2. A Conciliation Conference was held on October 17, 2010, with the following
individuals in attendance:
The father, Alfred L. Miller, Jr., who appeared without counsel, and the
mother, Cherie L. Miller, with her counsel, Farley G. Holt, Esquire
3. Before the Conciliator is a Petition for Contempt. Most of the issues were worked
out at the Conciliation Conference and the Conciliator recommends an Order in the
form as attached.
Date: October a D , 2011
7
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Hubert X. ilroy, Esquire
Custody Conciliator
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FAMILY LAW DIVISION
ALFRED L. MILLER, JR.,
Plaintiff/Respondent.
V.
CHERIE L. MILLER,
Defendant/Petitioner
No. 2009- -8438
CIVIL ACTION - LAW
In Custody
PETITION FOR EMERGENCY SPECIAL RELIEF
PURSUANT TO PA.R.C.P. NO 1915 4(e)
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AND NOW, TO WIT, this 15" day of November, 2011, comes the above-captioned
Petitioner, Cherie Miller, by and through her attorney, Farley G Holt, Esquire, and files the
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within Petition for Emergency Special Relief Pursuant to Pa.R.C.P. No. 1915.4(e), to which the
following is a statement:
1. The above-captioned Defendant/Petitioner, Cherie Miller, is an adult individual who
currently resides at 85 York Hill Road, Etters, Pennsylvania 17319.
2. The above-captioned Plaintiff/Respondent, Alfred L. Miller, Jr., is an adult individual
who currently resides at 36 Timber Lane, New Cumberland, Pennsylvania 17370.
3. The above-captioned parties are the natural Mother and natural Father, respectively,
of one minor child, to wit: Alexis Lynn Miller, born June 17, 2003.
4. The above-captioned parties currently share legal custody of their foregoing minor
child pursuant to the various prior Court Orders issued in this matter.
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5. In relation to physical custody of the subject minor child, the parties are currently
operating under a scheduled of physical custody as is contained in this Honorable Court's Order
of May 13, 2010, whereby primary physical custody is confirmed in Mother, subject to Father's
rights to partial physical custody on alternating weekends from Friday after school through to
Monday morning when Father shall transport the child to school, as well as every Thursday
evening, with further details concerning said rights to partial physical custody of Father being set
forth specifically in the Court Order of May 13, 2010.
6. The above-captioned parties had last appeared before the Conciliator, Hubert
X. Gilroy, Esquire, on or about October 17, 2011 relative to Father's "Petition for Rule to Show
Cause Why Mother Should Not be Found in Contempt" at which time the parties seemed to have
amicably addressed certain issues in contention, after which time, upon consideration of the
Custody Conciliation Report issued therefrom, a Court Order was issued dated October 26, 2011,
which addressed the issue of counseling and shared legal custody, but which did not alter the
physical custody schedule, but which noted that the issue raised of contempt by Mother had been
withdrawn at the time of the Conference.
7. Subsequent to the issuance of the foregoing Order of October 26, 2011, there
occurred an incident during Father's exercise of physical custody recently, that facilitated the
filing of the instant Petition for Emergency Special Relief after said incident caused Mother great
concern over Father's ability to parent the child, as well as to question Father's current mental
health status and to question Father's mental stability, as well as to question Father's ability to
control anger and/or rage, and which has caused Mother to question her own safety during
custody exchanges that may occur at Father's residence in the future, and most importantly,
which has caused Mother to fear for the subject minor child's safety, as well as her mental and
physical well-being while in Father's physical custody, control and supervision, the details of
which incident, Mother has set forth below.
8. On Thursday, November 3, 2011, during Father's Thursday night exercise of rights
of partial physical custody with the subject minor child that preceded Father's alternating
weekend of physical custody as well, Mother relates that she had received a telephone call from
Father sometime around 10:00 p.m. on the evening of November 3, 2011, at which time Mother
was at the Hershey Medical Center for a scheduled appointment there, namely to have sleep
study performed relevant to prior head injuries Mother had sustained in an automobile accident.
9. Mother further relates that the purpose of Father's telephone call to her at that time
was to request that Mother forthwith come to Father's home to retrieve the parties' minor
daughter, who thereafter hung, upon the phone without any further explanation, and refused to
answer the phone after Mother made repeated phone calls to Father's phone in an effort to
ascertain exactly what problem existed that called for her to retrieve the child immediately from
Father's home, however, when Father finally did answer the phone, he refused to allow Mother
to speak with the parties' minor daughter.
10. After Mother was able to ascertain that the parties' minor child was ill, did not feel
well at all and had told her Father that she wanted to go home [to Mother's home], Mother exited
the Hershey Medical Center and began to travel to Father's home in New Cumberland, which
took Mother some time given the significant distance from the Hershey Medical Center to
Father's home in New Cumberland.
11. Upon arriving at Father's home, Mother noted that Father was outside, who yelled
to Mother that the parties' minor daughter would be right out, after which time she exited her
vehicle and walked to the passenger side of her vehicle in order to assist her daughter into the
passenger seat and to fasten the safety belt.
12. Thereafter, Mother noticed Father's girlfriend and the parties' minor daughter
exiting the front door, and as Father's girlfriend helped to escort the child down the stairs
towards Mother, Father in fact pushed the parties' minor child away when Mother approached to
get a hug from the child.
13. Mother thereafter noticed that Father was holding something behind his back
as he was gradually coming at Mother, down the stairs, and when asked by Mother what it was
that Father was holding behind him, Father pulled out a metal fireplace poker, and threatened to
hit Mother's vehicle with the poker, got in Mother's face, and in a threatening motion feigned
a swing at Mother with the fireplace poker, whose girlfriend, all the while was trying to restrain
Father and hold Father back from hitting Mother.
14. Mother was forced to summon the local authorities, who appeared and made a
report of the incident, who thereafter escorted the parties' minor child to Mother's home, where
the child had related to Mother, that after she had informed her Father that she was feeling really
sick and wished to go home to her bed at her Mother's home, began to come unglued and flip
out, yelling screaming, and throwing objects around and down the stairs, which caused the
parties' minor daughter to cower in fear until such time as Mother arrived.
15. As a direct and proximate result of the actions and behavior of Father, the parties'
minor child is scared to death of her Father, and has since refused to even speak about going to
her Father's home.
16. Mother asserts out of her personal knowledge, that this is not the first time that
Father has raged, and exhibited his anger in such a violent fashion, who Mother relates has had a
problem in the past with his anger who suffers from a severe anger management problem, who
had in fact witnessed Father throwing a remote control through a big screen television screen;
however, Mother relates that Father's prior angry outbursts, volatile behavior and actions usually
occurred during times when Father would drink alcohol to excess, which Mother indicates is not
the case at the present time causing Mother even further concern over Father's recent outraged
behavior and actions.
17. Furthermore, Mother relates that not only is the foregoing incident not the first of its
kind relative to Father and his anger management issues, but submits to this Honorable Court that
Father has in fact lost 2 jobs due to his rage, angry outbursts, and anger management problems,
and who submits that the parties' minor child has been privy to Father's fits of rage in the past as
well when the child has mentioned her Mother during Father's exercise of physical custody, or
has asked to go home due to not feeling well in the past.
18. Mother/Petitioner files her Petition for Emergency Special Relief whereby she is
seeking the issuance of an Order of Court immediately and temporarily suspending Father's
rights to physical custody with the child, until such time as Father seeks a mental health
evaluation and follows through with any recommendations made in relation thereto, and until
such time as Father address his issues of anger management by participation in anger
management classes or therapy, and until such time as Father follows through with any
recommendations made relative thereto.
WHEREFORE, the above-captioned Petitioner, Cherie Miller, respectfully requests that
this Honorable Court issue an Order of Court immediately temporarily suspending Father's rights
to partial physical custody of the parties' minor child until such time as an expedited Hearing
can be scheduled in this matter, at which time Petitioner/Mother is requesting the issuance of an
Order of Court directing that Father undergo a mental health evaluation and that Father follow
through with any recommendations made relative thereto, and that Father address his anger
management problems by participating in anger management therapy or counseling and that
Father follow through with any recommendations made in relation thereto, and any other relief
this Honorable Court may deem just and appropriate in this matter.
Farley G Holt, Esquire
Counsel for Mother/Petitioner
34 North Queen Street
York, Pennsylvania 17403
I.D. #59920
(717) 846-0550
VERIFICATION 0 tow) Plaintiff/Defendant relative to the action for
which I sign the within Veri
contained in the afore going
correct to the best of my knowledge, information and
and
that false statements
are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
DATE: ? / o`/
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FAMILY LAW DIVISION
ALFRED L. MILLER, JR.,
Plaintiff/Respondent.
V.
CHERIE L. MILLER,
Defendant/Petitioner
No. 2009-FC-8438
CIVIL ACTION - LAW
In Custody
CERTIFICATE OF SERVICE
I, Farley G Holt, Esquire, do hereby certify that I served a true and correct copy of the
Petitioner's "Petition for Emergency Special Relief' upon the Respondent, Alfred L. Miller, Jr.,
by mailing the same to him on the 16`h day of November, 2011, by regular mail, postage prepaid
to his address of 36 Timber Lane, New Cumberland, Pennsylvania 17370.
Farley G Holt, Esquire
Counsel for Mother/Petitioner
34 North Queen Street
York, Pennsylvania 17403
I.D. #59920
(717) 846-0550
5
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FAMILY LAW DIVISION
ALFRED L. MILLER, JR.,
Plaintiff/Respondent.
V.
CHERIE L. MILLER,
Defendant/Petitioner
No. 2009--7-8438
CIVIL ACTION - LAW
In Custody
ORDER SCHEDULING HEARING ON PETITION
FOR EMERGENCY SPECIAL RELIEF
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AND NOW, TO WIT, this day of November, 2011, upon consideration of the
Petitioner's "Petition for Emergency Special Relief', it is ORDERED AND DIRECTED that a
HEARING be scheduled in this matter before Judge on
the (:?4 day of Okozouolxl? , 2011, at ?_ wm./p.m. in Courtroom No.
of the Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
IT IS FURTHER ORDERED that Respondent, Alfred L. Miller, Jr.'s, rights to
physical custody with the subject minor child of the parties, are hereby temporarily
suspended pending the foregoing Hearing scheduled in this matter.
BY THE COURT:
J.
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ALFRED L. MILLER, JR. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2009-8438
CHERIE L. MILLER (FETTERMAN) : CIVIL ACTION -LAW c
Defendant : IN CUSTODY 0a
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EMERGENCY PETITION FOR CIVII. CONTEMPT
OF A PARTIAL CUSTODY ORDER z o 3 -°
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The Petition of Alfred L. Miller, Jr. respectfully represents:
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1. That on December 9, 2011, Judge Albert H. Masland entered an Order which held that:
"Plaintiffs partial custody rights shall be reinstated following certification of his
completion of the anger management class unless the court receives a petition from
Defendant that clearly indicates that the resumption of Plaintiffs rights is not in the best
interest of the child", Alexis Lyn Miller. A true and correct copy of the Order is attached
to this petition.
2. Your petitioner complied with the court's directive, in that he completed the half-day
anger management class offered by Alternative Behavioral Consultants (hereinafter,
ABC) on December 17, 2011, certification of which was provided by ABC to the court
and to counsel for the Defendant on December 19th and 21'4, respectively.
3. The Court has not received a petition from Defendant at all, let alone one which clearly
indicates that the resumption of Plaintiffs rights is not in the best interest of the child.
4. Respondent has willfully failed to abide by the Order in that she has refused to allow
Father to exercise his rights to partial physical custody of the child since December 25,
2011. With the exception of the child's therapy, Father has not even been permitted to
speak with the child since December 31, 2011. Mother has frequently and deliberately
denied Father access to the child, usually under the guise that the child is sick or that she
did not wish to see Father and/or Father's family. Her persistent interference has been
heart breaking to Father as it has become obvious she is intent on destroying the
relationship he has enjoyed with his child.
5. Mother scheduled the child to meet with a mental health therapist on two prior occasions
in the month of December, 2011 without Father's knowledge. Father learned the child
was involved in such therapy through a conversation with Mother's attorney on
December 21, 2011. Father has shared legal custody and should have been consulted
and/or advised in advance of these sessions. Mother was reminded of this in the last
conciliation conference in late October. Father can only surmise that this is another effort
by Mother to manipulate the child in an attempt to gain an advantage in custody
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proceedings. Mother's motivation is further evidenced by her most recent tactic, on
December 28, 2011, when she contacted police to report that Father threatened her via a
text message. Father has retained that text exchange which, in the proper context, clearly
shows that Father's "threat" was to file this petition for contempt with the court.
Moreover, Mother's previous report to police of alleged incidents on the evening of
November 3, 2011 was grossly exaggerated. Father has since spoke to police regarding
her report, has issued a subpoena for that report and can show Mother falsified
information in her emergency petition to this court. Disturbingly, Mother's actions have
left Father with the impression she is enjoying this game in which the child has become
her weapon. Mother's actions amount to emotional abuse and are clearly not in the
child's best interest.
Wherefore, Petitioner requests that Respondent be held in contempt of court and
Order any'and all relief as this Court deems just and proper.
a
Date Petitioner
ALFRED L. MILLER, JR.,
PLAINTIFF
V.
CHERIE L. MILLER,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
09-8438 CIVIL TERM
ORDER OF COURT
AND NOW, this day of December, 2011, upon consideration of
Defendant's petition for emergency special relief filed on November 17, 2011, her
testimony at the December 2, 2011 hearing, and upon consideration of Plaintiffs
answer to the petition filed on December 7, 2011, we find that Plaintiff was not properly
served with notice of the aforesaid hearing and therefore ORDER AND DIRECT the
parties as follows:
1. Plaintiff shall attend and successfully complete the half-day anger
management class offered by Alternative Behavior Consultants. He shall
register for the class through their toll-free number (866-470-8477) or register
online at abchelps.com.
2. Pending the successful completion of the aforesaid anger management class,
certification of which shall be provided to the court and to counsel for
Defendant, Plaintiff's rights to physical custody of the minor child are
temporarily suspended.
3. Plaintiffs partial custody rights shall be reinstated following certification of his
completion of the anger management class unless the court receives a
petition from Defendant that clearly indicates that the resumption of Plaintiffs
rights is not in the best interest of the child.
4. Should such a petition be filed, the court will schedule an emergency hearing
on said petition at which the presence of the minor child will be required.
By the Court,
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Albert H. Masland, J.
Alfred L. Miller, Jr., Pro se
36 Timber Lane
New Cumberland, PA 17070
Farley G. Holt, Esquire
34 North Queen Street
York, PA 17403-1400
For Defendant
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ALFRED L. MILLER, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
CHERIE L. MILLER (FETTERMAN), NO. 2009-8438
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 13th day of May, 2010, the record should
reflect that all parties met in the Jury Assembly Room and were
able to reach an agreement without the Court's intervention.
Although the Court listened to and encouraged the parties, the
following terms constitute their settlement of this case.
1. The parties shall share legal custody of the minor
child, Alexis Lyn Miller, date of birth, June 17, 2003.
2. Mother shall retain primary physical custody of
the minor child.
3. The father shall enjoy periods of physical custody
with the minor child as follows:
A. Alternating weekends beginning on Friday, May
21st, from Friday after school, with father picking up the child at
school, until Monday morning when father shall deliver the child to
school. Father will make all efforts to transport the child to
school himself; however, if he is not able to do so, mother
acknowledges that father's significant other, Lisa Faulkner, is
capable of and permitted to transport the child.
B. Every Monday father shall pick up the child from
school. Every other Monday mother shall pick up the child after
her gymnastics program at CPAG, located in the Gateway Shopping
Plaza. On the alternate Monday evenings beginning with the first
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Monday after the close of the school year, June 10, 2010, father
shall have an overnight with the minor child and deliver the child
either to school.,the next morning, or in the event that school is
out of session, father shall arrange for transportation of the
child to the mother's home or for mother to pick up the child at
father's home, in the event that father is working on Tuesday.
C(1). During May of 2010, father shall have physical
custody of the child every Thursday evening. on the two Thursdays
prior to-his weekend of custody, this period of custody shall run
from after school until the parties meet at the yPanera Bread
parking lot in the.,Camp Hill Shopping Center to-exchange custody at
7:30 p.m. or as the parties otherwise agree.
on those Thursdays that do not occur as part of
father's weekends with the child, his period of custody shall be an
overnight and deliver the child either to school the next morning,
or in the event there is no school, father shall arrange for
transportation of the child to the mother's home or for mother to
pick up the child at father's home.
C(2). Beginning June 10, 2010, father shall enjoy an
additional third Thursday as an overnight, therefore, the following
Thursdays shall be overnights with father: The 10th, 17th and the
24th.
C(3). Beginning in July, 2010, the parties' agree
that father shall have every Thursday evening as an overnight with
the minor child.
4. Transportation of the minor child following an
overnight where the child normally would have attended school shall
be: (a) by the father prior to work, (b) by Lisa Faulkner
transporting to a mutually agreeable location, or, (c) by mother
who will pick up the child at father's home.
In the event that the parties cannot agree on a
location for an exchange, the parties agree to meet at Panera Bread
at 8:00 a.m. whether that be on a Tuesday or Friday morning.
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Thanksgiving Day, Christmas Eve, Christmas Day, New Year's Eve and
Easter.
For the balance of 2010, Father shall enjoy Memorial
Day, Labor Day, Christmas Eve and New Year's Eve. Mother shall
enjoy July 4th, Thanksgiving Day and Christmas Day.
Because there was a question with respect to Easter
2010, the parties agree that Mother shall enjoy Easter in 2011 from
9:00 a..in until 7:30 p.m.
In order to rotate the holidays in 2011 {as there
would otherwise be no change from 2010), mother shall also enjoy
the next holiday, Memorial Day 2011, after which the holidays shall
be rotated from year to year.
8. The parties have agreed to this revised schedule
with the understanding that at the end of the summer, prior to the
2010-2011 school year, they will revisit this through a conference
with the conciliator or by either party filing a petition for
modification. The parties may approach the conciliator directly to
schedule a conciliation.
By the Court,
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Albert H. s an , -J.
Elizabeth B. Stone, Esquire
For the Plaintiff
Abraham Prozesky, Esquire i
For the Defendant
pcb
TR1J$ COPY PROM RECORD
In Tssthwnj? MA1i, who set my hand
and the sa14 . dimes, PL
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ALFRED L. MILLER, JR.
Plaintiff
V.
CHERIE L. MILLER (FETTERMAN)
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2009-8438
: CIVIL ACTION -LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Alfred L. Miller, Jr., do hereby certify that I served a true and correct copy of the attached
complaint upon Respondent's counsel, Farley G. Holt, Esquire this q 't" day of January, 2012,
by regular mail, postage prepaid to 34 North Queen Street York, PA 17403.
VERIFICATION
I verify that the statements made in the foregoing Emergency Petition for Civil Contempt of a
Partial Custody Order are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities.
ate Petitioner
ALFRED L. MILLER, JR.,
PLAINTIFF
V.
CHERIE L. MILLER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 09-8438 CIVIL TERM
Z21? OOF COURT
AND NOW, this day of January, 2012, upon consideration of
Plaintiff's emergency petition for civil contempt of a partial custody order, and in
accordance with this court's order of December 9, 2011, we direct that the parties
appear for a brief hearing on Wednesday, January 18, 2012 at 10:30 a.m., in Courtroom
Number 1.
Pursuant to Paragraph 4 of the aforesaid order, the presence of the minor child
will be required at that hearing. The parties shall refrain from any coaching or attempts
to influence the child should the court find it necessary to interview her in chambers.
By the Court,
Albert H. Masland, J.
C: C -T3
? Alfred L. Miller, Jr., Pro se MCO
36 Timber Lane `,r= ?
New Cumberland, PA 17070 ,led rv
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Farley G. Holt, Esquire C 3 is a
34 North Queen Street III y, c rv C,
York, PA 17403-1400
For Defendant
saa
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
r-? rv c:
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ALFRED L. MILLER, JR., rn
N0.09-8438-CIVIL TERM m
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Plaintiff, z m
vs. CIVIL ACTION - Law c i
In Custody o ?
CHERIE MILLER, " °- •?
Defendant.
DEFENDANT'S ANSWER TO PLAINTIFF'S EMERGENCY
PETITION FOR CIVIL CONTEMPT OF A PARTIAL CUSTODY
ORDER AND NEW MATTER OF DEFENDANT
AND NOW, TO WIT 'Ibis 17`h day of January, 2012, comes the above-captioned
Defendant, Cherie Miller, by and through her legal counsel, Farley G Holt, Esquire, and files the
within "Answer to Emergency Petition for Civil Contempt of a Partial Custody Order" to
which the following is at statement:
1. Admitted.
2. Admitted.
3. Admitted. By way of further answer, Defendant refers this Honorable Court to the
"New Matter" of Defendant enumerated below.
4. Admitted in part and denied in part. It is admitted that Mother refused Father his
exercise of custody after the issuance of this Honorable Court's Order suspending Father's rights
to partial physical custody; and after Father had undergone "Anger Management" course ordered
by this Honorable Court; however, Mother did so with a view towards having the child speak to
the child's counselor, Barbara Schmitt with Pa Counseling Services, 445 Gettysburg Pike,
Mechanicsburg, Pennsylvania, in an effort to ascertain whether or not it would be in the best
interests for the child to continue with overnights at the child's Father's home during the school
year, especially on Sunday evenings before the child is to return to school on Monday. The
undersigned legal counselor had planned on filing a Petition to Schedule Expedited Hearing in
this matter, but first had wanted to ascertain what the child's counselor had to say in the matter;
and who even sought concurrence from Plaintiff as to a "temporary suspension" of his rights to
overnights with the child until such time as the counselor was able to "get to the root of the
problem" of the child's anxieties; however, Plaintiff, after receiving an email from the
undersigned's paralegal, Nicky Holt, sent a reply email stating that he had already filed a Petition
with the Court, and who informed the undersigned via Plaintiffs reply email, that the point of
counseling for the child was "moot". (See attached Defendant's Exhibit "A" and Exhibit "B",
which consists of the email generated by the undersigned's paralegal, Nicole M. Holt, sent to
Plaintiff, and the reply email from Plaintiff to the undersigned).
5. Denied. Defendant denies the averments contained in paragraph number five (5) of
Plaintiff's Emergency Petition for Civil Contempt of a Partial Custody Order, as said averments
are stated therein, who demands strict proof of each and every averment contained in
paragraph five (5) of Father's Emergency Petition at the time of Hearing/Trial in this matter.
NEW MATTER OF DEFENDANT
6. Paragraphs one through five of Defendant's Answer to Plaintiffs Emergency Petition
for Civil Contempt of a Partial Custody Order are incorporated herein by reference as if set forth
in full.
7. In that the issue of the child's anxieties and wishes relative to overnights at Father's
home during Father's exercise of rights to partial physical custody during the school year, and
especially on Sunday evenings during the school year, has been an ongoing issue between the
parties, with Plaintiff's position being that the child has never mentioned a desire to not want to
spend overnights at her Father's, nor has the child, according to Plaintiff/Father, ever complained
to her Father that she wanted to go home to Mother's during the early evening hours to avoid
spending the night at her Father's home, and who claims that the child has "begged" her Father
to stay overnight at his home and to not be forced to return to Mother's home.
8. It is further Father's/Plaintiff's position that the child's anxieties are all due to
Mother's "interference" in the custody matter, who pretty much believes that Mother has
brainwashed the child to not want to spend overnights at Father's which has caused the anxiety in
the child concerning this issue.
9. In that contrary to what Father has pled in his Emergency Petition for Civil
Contempt, Father has in fact exercised rights to partial physical custody, overnight, since the
entry of this Court's prior Order temporarily suspending Father's rights to partial physical
custody, which exercise of partial physical custody had occurred just the weekend prior hereto,
namely during the weekend of January 13, 2012, with the agreement and understanding, by and
between the parties, that the child would in fact be returned by early evening Sunday, January 15,
2012 so that the child could prepare for school the next day and sleep in her own room and
thereafter to prepare to go to school from Mother's home.
10. Father in fact did not honor the verbal agreement that the child be returned to
Mother's physical custody early Sunday evening, but who rather made plans to take the child
with him to Father's friend home, which Mother believes was done in an effort to thwart Mother
being able to retrieve the child Sunday evening, with Mother thereafter in fact being forced to
summon the local police on the evening of Sunday, January 15, 2012.
11. In that Father refuses to participate in the counseling sessions of the child with
Barbara Schmitt, or to agree to a suspension of the overnights at Father's home until such time as
a report is rendered by the Counselor, who had indicated in his reply email to the undersigned's
paralegal's email sent to address the issue of overnights and counseling, which email is attached
hereto as Exhibit "B", that Father had participated in 2 counseling session with the child, but
who only states in his email thereafter ... "I have attended two therapy sessions with Alexis
since Mr. Holt advised me it was occurring. During these sessions, her therapist made it very
clear she would not testify in Court which is what Cherie is after..... I wish she [counselor]
would [testify]... I am quite sure she [the child's counselor] knows what is happening here."
12. In that the above-captioned Defendant/Mother, Cherie Miller, is not ultimately
seeking a complete suspension of all of Father's court-ordered rights to partial physical custody
that accommodates Father to have overnights with the child, but rather, and as Father is fully
aware, seeks only to have Father's Sunday evening overnights with the child during the school
year suspended and/or terminated, due to the child's own preference that she be permitted to
return to her Mother's home and to her own room, in order to sleep in her own bed, the evening
before she must return to school on Monday mornings.
13. Mother in fact believes and concurs that the child in fact desires to spend overnights
at her Father's home during t the weekends; however, again, the child is merely stating her
anxieties over having to spend overnights at her Father's all the time, and especially on an
evening prior to the child having to return to school the following morning.
WHEREFORE, the above-captioned Defendant, Cherie Miller, respectfully requests that
the relief requested in Plaintiff s "Emergency Petition for Civil Contempt of a Partial Custody
Order" be denied, and that the matter of the minor child's preference relative to overnights at her
Father's home be further investigated and addressed by this Honorable Court in the fashion in
which this Honorable Court deems just and appropriate, including but not limited to, this
Honorable Court speaking with the subject minor child of the parties, in Chambers, in order to
ascertain the child's true preference as to spending overnights at Father's home, and in order to
ascertain whether or not the child truly has anxieties relative thereto, in an effort to resolve the
issue of overnights, and any other relief this Honorable Court may deem just and appropriate in
this matter.
Respectfully submitted,
Farley G Holt, Esquire
HOLT AND OGDEN, LLP
34 North Queen Street
York, Pennsylvania 17403
(717) 846-0550
I.D. #59920
VERIFICATION
I, Cherie Miller. , in signing below-do hereby certify/verify that the statements contained
in the afo om'; reution for i ehe7w?d correct to the best of my knowledge,
information and belief. I understand that false statements are subject to the penalties of 18
Pa.C.S. Section 4904 relating to unworn falsification to authorities.
DATE:
Cheri Miller
DEFENDANT'S EXHIBIT "A"
EMAIL FROM PARALEGAL TO FARLEY G HOLT, ESQUIRE SENT TO
ALFRED MILLER ON JANUARY 8, 2012
[ No Subject ] - Yahoo! Mail
Page 1 of 2
MAIL
( No Subject ]
"nicole holt" <nickygir143@yahoo.com>
hunterl782@yahoo.com
fgholt@gmail.com
Sunday, January 8, 2012 2:21 PM
Dear Mr. Miller:
Please accept my apologies for accidentally hitting "send" before 1 proofread and finished this email.
Please accept this email in replacement of the prior one.
This is Attorney Holt's paralegal, Nicky Holt, responding to the email you had sent to my boss on January 6,
2012, whereby I wanted to inform you of a few things, and thereafter, would ask that you respond.
First, Cherie has informed Attorney Holt that Alexis has been experiencing an abnormal amount of anxiety
about overnights at your home, especially on school nights, which has increased since the incident that had
been raised in our prior Petition. Cherie has informed us that this is what Alexis is telling her Mother. Given
the foregoing anxiety, Cherie has enrolled Alexis in counseling with Barbarba Schmitt with PA Counseling
Services, 445 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055, whose phone number is (717) 795-
8363. It is my understanding that the counseling that had been scheduled by Cherie with Dr. Schmitt was done
with a view towards getting to the root of the problem of your daughter's anxieties about going to your home for
overnight exercises of custody during the school year on school nights
Second, Cherie has authorized us to prepare and file a Petition seeking to suspend the overnight visitations
pending a report and recommendation to be made by the counselor concerning reinstatement of the overnight
visitations, which I am sending to the Court for filing first thing in the morning and sending a copy to the Judge
via facsimile transmission, as per the Judge's Order, asking that an expedited hearing be scheduled to address
the foregoing issue. I apologize for not getting this accomplished sooner than now, but it has been horrifically
busy here due to the holiidays and post-holiday custody and other emergencies.
If you would like to stipulate to a suspension of the overnight visits at your home pending a report and
recommendation by the Counselor, it would avoid the parties having to appear for another hearing in this matter,
at which time Judge Masland made it very clear in his Order your daughter must be present in order for the
Judge to speak with Alexis at his discretion in his Chambers at the time of the Hearing. I anticipate that Judge
Masland will want a report and recommendation generated by Dr. Schmitt for his review prior to the date of the
Hearing to be scheduled, or at the time of the hearing. It may even be necessary for Dr. Schmitt to be present
at the Hearing as well, if you are not willing to agree to stipulate to the findings contained in such a
recommendation.
in any case, I am very hopeful that this information answers some of your questions, and please consider
the foregoing suggestion that you and Cherie stipulate to a suspension of the overnights pending the issuance of
a letter and/or report and recommendation by Alexis's counselor. If I do not hear back from you by Monday at
noon, I will be effectuating the filing of the Petition Requesting an Expedited Hearing in this matter to address the
matter of the incident that had occurred at your home as well as to address the issue of Alexis's anxiety about
overnights at your home.
In closing, please know that I welcome any thoughts and/or comments you may have in this matter. I will
await your reply in this matter again until noon tomorrow.
Sincerely yours,
http://us.mc398. mail.yahoo.com/mc/showMessage?sMid=O&fid=Sent&flterBy=&.... 1/17/2012
DEFENDANT'S EXHIBIT "B"
REPLY EMAIL FROM ALFRED MILLER TO PARALEGAL TO FARLEY G
HOLT, ESQUIRE - SENT JANUARY 8, 2012
Re: Custody Matter - Yahoo! Mail
Page 1 of 2
6'1AIL.
Re: Custody Matter
"AI Miller" <hunter1782@yah00.c0m>
"nicole holt" <nickygirl43@yah0o.c0m>
Sunday, January 8, 2012 6:59 PM
I appreciate the information. I was beginning to think Mr. Holt was not representing Cherie any longer
given the contempt. In any case, I have already prepared a petition for contempt and will be filing it in
the morning. A stipulation to no overnights is a moot point since Alexis has not been here at all since
Christmas. The only anxiety Alexis could have is what Cherie is creating. She has never complained
to me or anyone else in my family. In fact, the last time she spent the night here she begged her mother
to let her stay the night. Since then she has not been permitted. She should not have to beg. There is a
court order in place for her benefit. I have attended two therapy sessions with Alexis since Mr. Holt
advised me it was occurring. During these sessions her therapist made it very clear she would not
testify in court which is what Cherie is after. I wish she would. I am quite sure she knows what is
happening here. I wish Alexis did not have to go through the pain of testifying against me at her
mother's request. That is a position no child should ever be put it. Unfortunately, I have no choice
other than to lose what I have gained for no reason at all.
From: nicole holt <nickygir143@yahoo.com>
To: hunter1782@yahoo.com
Cc: fghott@gmail.com
Sent: Sunday, January 8, 2012 2:13 PM
Subject: Custody Matter
Dear Mr. Miller:
This is Attorney Holt's paralegal, Nicky Holt, responding to the email you had sent to my boss on
January 6, 2012, whereby I wanted to inform you of a few things, and thereafter, would ask that you
respond.
First, Cherie has informed Attorney Holt that Alexis has been experiencing an abnormal amount of
anxiety about overnights at your home, especially on school nights, which has increased since the
incident that had been raised in our prior Petition. Cherie has informed us that this is what Alexis is
telling her Mother. Given the foregoing anxiety, Cherie has enrolled Alexis in counseling with
Barbarba Schmitt with PA Counseling Services, 445 Gettysburg Pike, Mechanicsburg, Pennsylvania
17055, whose phone number is (717) 795-8363. It is my understanding that the counseling had for
Alexis and Dr. Schmitt, with a view towards getting to the root of the problem relative to your
daughter's anxieties about going to your home for overnight exercises of custody during the school year
on school nights
Second, Cherie has authorized us to prepare and file a Petition seeking to suspend the overnight
visitations pending a report and recommendation to be made by the counselor concerning reinstatement
of the overnight visitations, which I am sending to the Court for filing first thing in the morning and
sending a copy to the Judge via facsimile transmission, as per the Judge's Order, asking that an
expedited hearing be scheduled to address the foregoing issue. I apologize for not getting this
http://us.mc398.mail.yahoo.com/mc/showMessage?sMid=121 &filterBy=&.rand=6... 1/17/2012
Re: Custody Matter - Yahoo! Mail
Page 2 of 2
accomplished sooner than now, but it has been horrifically busy here due to the holiidays and post-
holiday custody and other emergencies.
If you would like to stipulate to a suspension of the overnight visits at your home pending a report
and recommendation by the Counselor, it would avoid the parties having to appear for another hearing
in this matter.. at which time Judge Masland made it very clear in his Order, your daughter would be
required to be present in order for the Judge to speak with Alexis at his discretion in his Chambers at
the time of the Hearing. I anticipate that Judge Masland will want a report and recommendation
generated by Dr. Schmitt for his review prior to the date of the Hearing to be scheduled, or at the time
of the hearing. It may even be necessary for Dr. Schmitt to be present at the Hearing as well if you are
not willing to agree to stipulate to the findings contained in such a recommendation.
In any case, I am very hopeful that this information answers some of your questions, and please
consider the foregoing suggestion that you and Cherie stipulate to a suspension of the overnights
pending the issuance of a letter and/or report and recommendation by Alexis's counselor. If I do not
hear back from you by Monday at noon., I will be effectuating the filing of the Petition Requesting an
Expedited Hearing in this matter to address the matter of the incident that had occurred at your home as
well as to address the issue of Alexis's anxiety about overnights at your home, as well as to address a
http://us. mc398. mail.yahoo.com/mc/showMessage?sMid=121 &fiiferBy=&.rand=6... 1/1712012
ALFRED L. MILLER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
CHERIE L. MILLER,
Defendant
: 09-8438 CIVIL TERM
ORDER OF COURT - PARENTING PLAN
AND NOW, this4, day of January, 2012, following a hearing on Father's
Emergency petition for Civil Contempt, we find that Mother is not in contempt.
Nevertheless, because the parties have demonstrated an inability to communicate
and cooperate regarding the best interests of their daughter, Alexis, (DOB: June 17,
2003) it is necessary to modify our previous orders to more fully delineate their
responsibilities. Therefore, we find that it is in the best interests of Alexis to enter the
following order:
1. Legal Custodial Responsibilities: The parents shall jointly share their
various legal custodial responsibilities for Alexis.
a. Major parental decisions concerning Alexis, including, but not
limited to, her health, medical, dental & orthodontic treatment, mental and
emotional health treatment, education, religious training and moral
upbringing shall be made jointly by the parents, after discussion and
consultation with each other, with a view toward obtaining and following a
harmonious parenting plan, not in their own individual best interests, but rather in
the best interests of Alexis.
b. Absent an emergency, neither parent shall obtain medical care
and/or have an initial interview with any health caregiver in the absence of
the participation of the other parent.
C. Any parent granted sole or shared legal custody has the right to
access the child's medical, dental, religious and school records, the address of
the child and any other related information in accordance with 23 Pa.C.S.A. §
5336(a).
d. Each parent shall execute any and all legal authorizations so
that the other parent may obtain information from their child's schools,
physicians, dentists, orthodontists, counselors, psychologists, or other similar
individuals or entities concerning their child's progress and welfare.
e. Both parents shall arrange for the child's school to provide both
parents identical information. Both parents shall provide to the other parent
on a weekly basis, all school papers, projects, or other products of the child's
development, and mutually share those items as fully as possible. Further,
both parents are entitled to pick Alexis up directly from school.
f. The parents shall, in advance, discuss and attempt to reach a
mutual agreement regarding their child's enrollment or termination in a
particular school or school program, and advancing or holding their child
back in school.
g. Neither parent shall impair the other parent's rights and
responsibilities for their shared legal custodial responsibilities for Alexis.
h. The parents shall civilly and respectfully communicate about
co--parenting legal custody issues and changes in schedules in person and via
letters, faxes, texts or e-mail, whichever means is most appropriate for the
matter.
i. If the parents are unable to agree, they shall follow the
procedures set forth in Paragraph 16 of this Order.
2. No Conflict Zone and General Rules of Conduct:
a. The parents shall not alienate the affections of Alexis from the
other parent or the other parent's extended family and shall make a conscious
effort not to do so. To the extent possible, the parents shall prevent third
parties from alienating the child's affections from the other parent as well as
the other parent's extended family.
b. The parents shall establish a No-Conflict Zone for Alexis and
refrain from making derogatory or uncomplimentary comments about the
other parent in her presence and to the extent possible, shall not permit third
parties from making such comments in her presence while in their physical
custody, whether she is sleeping, awake or in another room.
C. It shall be the duty of each parent to uphold the other parent as
one the child should respect and love.
d. Each parent shall speak respectfully of the other whether it is
believed the other reciprocates or not. Each parental figure shall refer to the
other by the appropriate role name such as Mom, Dad, your grandmother,
etc:.
e. The parents shall refrain from encouraging Alexis to provide
reports about the other parry. Communication should always take place
directly between parents, without using Alexis or others as an intermediary
or spy on the other parent. It is harmful to Alexis to be put in the role of a
spy.
f. Alexis shall be protected by the parents from individuals with
poor character (including, but not limited to, individuals involved with illegal
activity, immoral or intemperate behavior, or violent propensities). The
parents shall avoid contact with such individuals of poor character because it
sets a bad example and may corrupt her morals.
g. The parents should remember that they cannot teach Alexis
proper moral conduct by engaging in improper conduct themselves. Children
are quick to recognize hypocrisy and the parent who maintains a double
standard will lose her respect.
h. The parents shall not permit Alexis to be exposed to or
participate in interactive excessively violent video games based upon their
understanding that violent video games increase aggression, physiological
desensitization to violence and decreases pro-social behavior.
i. The parents shall not conduct arguments or heated
conversation when they are together in the presence of Alexis.
j. It is in the best interest of Alexis for the parents and all adults to
understand that she is trying to cope with the custody litigation and related
issues, and need help in loving both parents, rather than interference or
censure.
k. At all times, the parents shall consider the best interests of
Alexis and act accordingly.
3. Physical Custodial Responsibilities:
a. The parents shall share physical custodial responsibilities for
Alexis, as outlined in Paragraph 4 herein.
b. All physical custodial exchanges shall be handled
professionally, under a "no conflict zone," abiding by all techniques set forth
in reputable parental educational materials, to avoid conflict, anxiety, and
other emotional harm to Alexis.
C. Day-to-day decisions shall be the responsibility of the parent
then having physical custodial responsibilities. Each parent shall notify the
other of any activity or circumstance concerning their child that could
reasonably be expected to be of concern or interest to the other parent.
d. With regard to any emergency decisions which must be made,
the parent having physical custodial responsibility for their child at the time of
the emergency shall be permitted to make any necessary immediate decisions.
e. In the event Alexis contracts a serious illness, the parent then
having physical custodial responsibility shall immediately inform the other
parent by telephone or any other means, as to the nature of the illness.
During such illness, each parent shall have the right to visit the child,
consistent with her medical status.
f. If Alexis is taking medication, an adequate supply of that
medication or a prescription for the medication shall be given to the other
parent at the custodial exchanges. An adequate supply of the child's
recommended nutritional supplements and non-prescription medication and
supplies, if any, shall be maintained by each parent.
g. The parent with physical custodial responsibilities for Alexis
during any given period of time shall communicate in a prompt fashion with
the other parent concerning her well-being and shall appropriately notify the
other parent of any changes in health or educational progress.
h. Each parent shall promptly notify the other parent of, and
invite him or her to, major events in the child's life, including graduations,
awards presentations, performances, academic and athletic competitions and
similar extracurricular activities.
i. When Alexis is not with a parent during the weekend, that
parent may telephone one time with the child during the weekend to speak
with her, as well as periodically during the week, as needed, without being
intrusive.
j. The parents will not deviate from the regular custody schedule
because of Alexis's birthday.
k. Each parent should promptly and politely respond to the other
parent's telephone calls, text messages, faxes and emails regarding Alexis.
1. If one parent will be late for physical custodial exchanges they
shall call or text the other parent as soon as possible but no later than 30
minutes prior to the appointed meeting time.
4. Physical Custodial Responsibility Schedule:
a. Mother shall have primary physical custodial responsibility for
Alexis.
b. Father shall have partial shared physical custodial
responsibilities in accordance with the following schedule:
i) Alternating weekends from Friday after school until Monday
when Alexis shall be taken to school.
ii) Tuesday evening from after school until 8:00 p.m.
iii) Thursday evening after school until Friday morning when
Alexis shall be taken to school.
iv) Such additional times as the parents can agree.
C. School Holidays and Teacher In-Service Days: Long weekends
due to school in-service days and holidays including but not limited to Martin
Luther King Day, President's Day and Columbus Day shall attach to the
weekend. The return time is 7:30 p.m. on the holiday. In-service days
occurring on Friday will attach to the weekend and will begin after school
Thursday. In-service days occurring on Monday will attach to the prior
weekend.
d. Summer: Each parent shall be allowed to select an exclusive
uninterrupted two-week vacation time period with their child. Mother shall
have first choice of her weeks during even-numbered years and Father shall
have first choice of his weeks during odd-numbered years. The parent with
first choice should make his/her choice known to the other parent no later
than April V of each year.
e. Holidays: The holiday schedule shall take priority over the
regular custody schedule.
i) Thanksgiving school holiday: Father will have physical
custodial responsibilities on Thanksgiving from Wednesday
after school to Sunday, at 8:00 p.m. in even-numbered years,
alternating with Mother on odd-numbered years.
ii) Christmas/New Year's school holiday: Mother will
have physical custodial responsibilities during Segment A (first
half of school recess) in even-numbered years. Father will have
physical custodial responsibilities during Segment B (the second
half of the school recess). Major gifts should be discussed and
coordinated between the parents.
f. Memorial Day., Labor Dav July 4t', Easter Holidays:
i) Mother will have physical custodial responsibilities
during the Memorial Day holiday and weekend; and Father
will have physical custodial responsibilities during the Labor
Day holiday and weekend.
ii) For the July 4`h holiday long weekend, Father will have
physical custodial responsibilities in odd-numbered years and
Mother shall have physical custodial responsibilities in even-
numbered years.
iii) Father will have physical custodial responsibilities in
even-numbered years and Mother will have physical custodial
responsibilities in odd-numbered years for the Easter school
holiday and weekend.
g. Mother's Da_y and Father's Day: Mother will have physical
custodial responsibilities on Mother's Day weekend and Father will have
physical custodial responsibilities on Father's Day weekend.
5. General Custodial Schedule Provisions:
a. The parents may revise this schedule upon written agreement
and should be flexible for the sake of Alexis.
b. Each parent shall have the option of proposing time or date
variations to the other parent when special recreational or other unexpected
opportunities arise.
C. In the event certain provisions in this parenting plan are
inconsistent, then the provisions set forth concerning specific holidays and
vacations shall supersede provisions concerning weekends.
d. If either parent or the child have plans which conflict with a
scheduled visit and wish to change visitation, the parents should make
arrangements for an adjustment acceptable to the schedules of everyone
involved and should be flexible for the sake of the child.
e. Alexis should be consulted as to her schedule when
appropriate.
f. If a parent is unable to keep an appointed exchange time or
other appointment for Alexis, they should give immediate notice to the other
parent, so as to avoid subjecting Alexis to unnecessary apprehension and
failure of expectations.
g. The parent relinquishing physical custodial responsibility
should prepare Alexis both physically and mentally for the transfer of custody
to the other parent and have her available at the time and place mutually
agreed upon.
6. Transportation:
a. The parent relinquishing custodial responsibility shall drive
Alexis to the other parent's residence, walking her to that parent's front door.
b. Both parents shall ensure that Alexis uses appropriate seat belts
when being transported in vehicles by that parent or others.
7. Extracurricular Activities:
a. The parents shall organize ways for Alexis to maintain her
friendships, extracurricular activities, and other special interests, regardless of
which household in which she resides.
b. Each parent shall provide the other with at least seventy-two
(72) hours advance notice of school or other activities and two weeks' or
greater advance notice whenever possible.
C. Both parents shall honor and be supportive of the
extracurricular activities in which Alexis wishes to engage.
d. Each parent shall confer with the other before arranging
regularly occurring extracurricular activities for Alexis which might interfere
with regular visitation.
e. During the times that the parents have physical custodial
responsibilities of Alexis, each parent will make certain that she attends her
extracurricular activities and shall transport her on time to and from games,
practices and any activities that are scheduled so that she is able to participate
in those events.
8. Child's Prop=: Toys, clothes, etc. shall not become matters of contention
between the parents as these generally are the child's property, not the parents',
entitling the toys or clothes to be taken by the child and back with the child, as
reasonably appropriate.
9. Family Gatherings: The parents shall permit and support the child's access to
all family relationships. Special family events such as weddings, family reunions,
family gatherings, funerals, graduations, etc. shall be accommodated by both parents
with routine visitations resuming immediately thereafter.
10. Child-Care Providers:
a. Each parent shall exercise care in responsibly choosing
babysitting/child-care providers. Each parent has the right of veto over child-
care providers (if someone other than family members), if the objection is
reasonable. The telephone numbers of any and all child-care providers shall
be provided by both parents to each other. Parents shall provide one another
with a phone number and address where the child may be contacted at all
times, whenever reasonably possible. This principle applies to situations such
as vacations with friends and their families.
b. Should either parent have the child spend an overnight at a
place other than their primary residence or that of a family member, the other
parent shall be provided the address and phone number and the option to
assume primary physical custodial responsibility in lieu of another caregiver
(if someone other than family members), if appropriate, if it can be arranged,
and if it is in the best interests of the child. This provision will not apply to an
overnight after Alexis is 12 years of age with a friend who has trustworthy
parental supervision.
11. Safe :
a. Both parents shall adopt measures to shield Alexis from sexual
exploitation which may be more likely to occur while in a parent's home by a
paramour or paramour's child(ren).
b. Both parents shall carefully read "7 Steps to Protecting Our
Children" at www.darkness2light.com and provide a notarized statement to the
other parent that they have read it, within 30 days of the date of this Order.
12. Illegal Drugs Tobacco and Alcohol:
a. The parents shall not possess or use any illegal controlled
substances, nor shall they consume alcoholic beverages to the point of
intoxication within 12 hours neither prior to or during periods of physical
custodial responsibilities, nor smoke tobacco inside their residence or vehicle.
The parents shall likewise assure that other household members and/or house
guests comply with this prohibition.
c. If a party shows up for a visit under the influence of alcohol or
drugs or smoking, the visit may be considered forfeited on those
grounds alone.
13. Electronic Contact:
a. Each parent shall be entitled to reasonable (not excessive) e-
mail and/or text messaging contact with Alexis when in the custody of the
other parent. Both parents shall establish an e-mail address for themselves
and Alexis for e-mail communication between the parents concerning
parenting issues and communication with Alexis.
b. Each parent shall send an e-mail once a week to update the
other parent about their observations of the emotional, mental, physical status
and/or developmental milestones of Alexis.
14. Relocation:
a. Neither parent shall permanently relocate if the relocation
would necessitate a change in the physical custodial schedule or significantly
impair the ability of the non-relocating party to exercise physical custodial
responsibilities, change of school district for their child, or exceed a twenty-
five (25) mile radius without a minimum notice of ninety (90) days to the
other parent.
b. Both parents are always encouraged to relocate closer to each
other's residence.
C. The parent proposing relocation must notify all parties in
accordance with 23 Pa. C.S.A. §5337.
d. No parent may relocate their residence unless the other parent
consents in writing or the Court approves the proposed relocation.
15. Counseling:
a. Co-Parenting, Counseling: Within 30 days of this order, the
parents shall enroll in co-parenting counseling to co-parent Alexis in
accordance with this order. If co-parenting counseling is not effective and the
parties continue to struggle with communication and cooperation, either party
may request the appointment of a Parenting Coordinator.
b. The parents shall enroll Alexis in private individual counseling
or psychotherapy, as needed, to maintain her optimum mental health after
notification and discussions with the other parent, unless said advance
notification is determined by a licensed professional, not to be in her best
interests.
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Modifications or Dilutes About this Order:
a. The terms of this Parenting Plan may be modified by mutual
agreement of both parents which is best memorialized if placed in writing and
signed by both parents, when such modifications are in the best interests of
the child.
b. Both parents shall use their best efforts to engage in joint
decision-making with respect to the child.
C. In the event the parents are unable to reach an agreement, they
shall exchange written proposals, including appropriate explanations of their
positions, after which they shall meet and discuss their modification proposals
in person, if necessary, to reach a decision in the best interest of their child.
d. Any proposed changes to this Order which cannot be agreed
upon, or any disputes about the interpretation or practical application of this
Order and any alleged breaches of this Order may, prior to referral to a
conciliator, first be attempted to be resolved through mediation with a trained
mediator, the cost to be shared equally by the parents. Free mediation is
available for pro se litigants through Neighborhood Dispute Settlement (NDS
at 233-8255).
Contempt:
a. Certain rules of conduct set forth in this Court Order are
included in most custody matters. They are binding on both parties as are all
other provisions.
b. If a parent does not follow any provision in this Order, that
violation could become the subject of contempt proceedings before this Court
which could result in fines and up to 6 months' incarceration, and could
constitute grounds for modification of the legal and physical custody
provisions in this Order.
BY THE COURT:
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/Alfred Miller, Pro se
36 Timber Lane
New Cumberland, PA 17070
v' Farley G. Holt, Esquire
For Defendant
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