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Home My WebLink About09-8554SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevina,sasllp.ccon Attorney for Plaintiff BRENT D. MILLER, PLAINTIFF V. LISA L. MILLER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Brent D. Miller, by and through his counsel Smigel, Anderson & Sacks, LLP, and files the following Complaint for Custody and in support thereof avers as follows: 1. Plaintiff is Brent D. Miller, residing at 7729 White Pine Road, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant is Lisa L. Miller, residing at 48 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following children: Name Present Residence Age Collin Miller 48 West Main Street, Mechanicsburg, PA 17055 16 Corey Miller 48 West Main Street, Mechanicsburg, PA 17055 12 Caitlyn Miller 48 West Main Street, Mechanicsburg, PA 17055 5 4. The children were not born out of wedlock. The children are presently in the custody of Defendant. . 5. During the past five (5) years, the children have primarily resided with the following persons and at the following addresses: Persons Addresses Dates Lisa L. Miller 48 West Main Street, Mechanicsburg, PA 17055 August 15, 2008-present Lisa L. Miller 48 West Main Street, Mechanicsburg, PA 17055 August 15, 2008-August 2009 (Corey & Caitlyn Miller) Brent D. Miller 7729 White Pine Road, Harrisburg, PA 170112 August 15, 2008-August 2009 (Collin Miller) Brent D. Miller & Lisa L. Miller 7729 White Pine Road, Harrisburg, PA 17112 2002 - August 15, 2008 6. The mother of the children is Defendant, Lisa L. Miller. She is married to the father of the children, Plaintiff, Brent D. Miller. Defendant currently resides with her boyfriend, Robert Wilson, and the children at 48 West Main Street, Mechanicsburg. 7. The father of the children is Plaintiff, Brent D. Miller. Plaintiff does not reside with any other person. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of a custody proceeding concerning the children 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 children or who claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff is a fit parent. B. The children see Plaintiff as a source of love and affection. C. Placing custody with Plaintiff will provide continuity, stability and certainty to the children's lives. D. Plaintiff is concerned for the welfare and supervision of the children. E. Mother has not been accommodating in providing Father with access to one of the children. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant him shared legal and shared physical custody of the children. Date: /)--. ( `" D C Respectfully submitted, SMIGEL, ANDERSON & SACKS B V Y• A4nI n,Esquire I.D.#: 70259 4431 North Front Street, 3`d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 Attorney for Plaintiff VERIFICATION I, Brent D. Miller, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: lam log X'-'st Brent D. Miller, Plaintiff Fi.Cl)-??:- tw; L C09 DEC I I PH 2. 02 CUB ;>y t- ? a r ? I'lq . 00 P Am C??. ?loq l Pay a 5q Qo5 BRENT D. MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA • .1 J 2009-8554 CIVIL ACTION LAW c..; LISA L. MILLER IN CUSTODY DEFENDANT .n ORDER OF COURT AND NOW, Wednesday, September 28, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, November 01, 2011 _ at 3:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association v??? • coP ,na?G P,a? duoP? A')d?? Pd 16p tPoP Ge0o/ b 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? - ?oAC r ?i??r NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF BRENT D. MILLER Plaintiff V. LISA L. WILSON (FORMERLY LISA L. MILLER) Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2009 - 8554 CIVIL TERM : IN CUSTODY cry zi' c,. -77 PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Plaintiff, Brent D. Miller, by and through his attorney, Nathan C. Wolf, Esquire, and files this petition for modification of custody, respectfully representing as follows: 1. The plaintiff is Brent D. Miller, an adult individual residing at 17 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Lisa L. Wilson (formerly Miller), an adult individual residing at 11 Pine Hill Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The plaintiff and defendant are the natural parents of two minor children, namely. Corey Miller, born February 8, 1997, age 14 years (as of date of filing), and Caitlyn Miller, born September 5, 2004, age 7 years. 4. The children are presently the subject of Orders for Custody issued January 22, 2010, and November 8, 2011 by the Honorable Albert H. Masland, following conciliation conferences with Dawn S. Sunday, Esquire, where an agreement had been reached by and between the parties providing for shared legal custody and establishing primary physical custody of the children with Mother and partial physical custody of the children with Father. True and correct copies of the Orders of which modification is sought are attached hereto as Exhibits "A" and "B", respectively. *g3.ooPOA1, W ON18 Od7o'7811 5. Since the most recent conciliation conference held on November 1, 2011, the circumstances related to the custody of the children have changed dramatically and a modification of the Orders is now necessary, to wit: a. The elder child, Corey Miller, has been residing in the primary physical custody of Father since December 28, 2011, following an altercation in Mother's residence between the child and Mother's husband. b. Father has obtained information concerning Mother's household suggesting that the parties' daughter's best interests and permanent welfare would be best served by a change in primary custody to Father. 6. Father had been somewhat estranged from his son Corey prior to the change in custody but the child is now thriving in Father's household, having dramatically improved his academic performance and having made significant strides to avoid negative peer influences that had previously resulted in the child's use of tobacco products and other substances. 7. At the time the Order of Court of January 22, 2010 was entered, upon agreement of the parties, Father was residing in Harrisburg and the children had been residing with Mother in Mechanicsburg for approximately 16 months prior to the filing of the custody complaint. 8. Father is now residing in Mechanicsburg, which is in the same school district as Mother, and the parties' oldest child, Collin, is now of majority age, and does not reside with either parent. 9. The parties' child Corey had struggled prior to the change in custody and was having difficulties loth academically and socially until the change in custody. 10. Father fears that the same problems and issues arising in Mother's household will have a negative effect on Caitlyn if she remains in Mother's primary custody. 11. Father also avers that since the Order of November 8, 2011, both parties were initially compliant with regard to the counseling referral with Dennis Graybill, however it is believed that Mother cancelled the most recent appointment that she was scheduled to have with the counselor and that she has not rescheduled another appointment. 12. Father is capable of providing a more stable environment and household in which to exercise primary custody of both of the children who remain subject to the Order. 13. The best interests and permanent welfare of the children will be served by granting the relief requested because Father will continue be able to provide for the children's medical, educational, emotional and physical needs on a primary basis in a stable, safe, and nurturing environment. 14. The best interests and permanent welfare of the child would be served by this Court issuing an Order modifying existing Orders of Court of as set forth herein. WHEREFORE, Plaintiff, Brent D. Miller, prays this Honorable Court modifying the Order of Court as requested herein along with any additional relief as the Court deems appropriate. Respectfully submitted, WOLF & WOE, Attorneys at Law Dated: February -7, 2012 BY: Na0 Wolf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff BRENT D. MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANI,*> , 2009-8554 CIVIL ACTION LAW= _, ~T LISA L. WILSON F/K/A LISA L. MILLER IN CUSTODY C-1' DEFENDANT ORDER OF COURT AND NOW, Friday, February 10, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, March 15, 2012 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. .,L# Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 //elephone (717) 249-3166 ed. e old" Cep io?r ?P? ?ivp ?r eoP? .sane/ay-- CO f7 eof ?Y AIX BRENT D. MILLER IN THE COURT OF COMMON PLEAS OF_, Plaintiff CUMBERLAND COUNTY, PENNSYIyNI _.a rl X-1 VS. 2009-8554 CIVIL, ACTION LAW -_ f cn tv ? LISA L. WILSON Defendant IN CUSTODY- 1 ORDER OF COURT AND NOW, this _? day of i?/ 4 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated January 22, 2010 and November 8, 2011 shall continue in effect as modified by this Order. 2. The Father shall have primary physical custody of Corey, with the Mother having partial physical custody every Monday and Wednesday when the Mother shall pick up the Child after school or sports practice and return the Child to the Father's residence after the Child's meetings, or, if there is no meeting, at 8:30 p.m. 3. The Mother shall continue to have primary physical custody of Caitlin and the Father shall have partial physical custody on alternating weekends from Friday evening through Monday evening at 8:30 p.m. and every Tuesday and Thursday from 5:00 p.m. until 8:30 p.m. 4. The parties shall continue their participation in counseling with Dennis Graybill. In addition to the ongoing family counseling, the parties shall request guidance from the counselor as to whether additional time in the Father's household would be beneficial to Caitlin in light of both families' current situation and the Child's needs. The parties agree that they shall have Dr. Garcia conduct the required psychiatric evaluation for Corey. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Albert A. Masland J. cc: ? Nathan C. Wolf Esquire - Counsel for Father Lisa L. Wilson - Mother (I 1'&f, ma, Ile el)o ?L } BRENT D. MILLER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. LISA L. WILSON Defendant Prior Judge: Albert H. Masland 2009-8554 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Corey Miller February 8, 1997 Father Caitlin Miller September 5, 2004 Mother 2. A custody conciliation conference was held on March 15, 2012, with the following individuals in attendance: the Father, Brent D. Miller, with his counsel, Nathan C. Wolf Esquire, and the Mother, Lisa L. Wilson, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. C?A Date Dawn S. Sunday, Esquire Custody Conciliator Lisa L. Wilson IN THE COURT OF COMMON PLEAS OF i�eFen�Gsn� CUMBERLAND COUNTY, PENNSYLVANIA 2009-8554 CIVILACTION LAW vs. ?M Brent D. Miller z= r Plpin�� IN CUSTODY o €-5 yc ? Cm STIPULATION AGREEMENT 1. Lisa L. Wilson, mother of Corey D. Miller 16 and Caitlyn M. Miller 8, currently residing at 11 Pine Hill Ave, Mechanicsburg,PA. Has requested and made known her intent to move her family to 504 Woodcrest Drive, Mechanicsburg, PA 17050 on or around June 15, 2013 to Brent D. Miller, Father residing at 17 Sycamore Ave, Mechanicsburg, PA 17050. 2. Brent D. Miller agrees that the request to move be granted to Lisa L. Wilson and their children. Brent D. Miller and Lisa L. Wilson agree that there will be no changes made to the current orders set forth on January 22, 2010 and Modification on November 8, 2011. 3. Since both parties are in agreement, this will serve as notification that Lisa L. Wilson and Brent D. Miller agree to the terms in this document. If either party choose to make any changes to the custody agreement they may do so at anytime by filing for a modification. 4. Both parties signing this Stipulation Agreement agree to the terms stated above. f�i/dam -4 2 9 f�o13 aintiff Date Lisa L. Wilson L�A Defendant Date Brent D. Miller L1"� 61 Nota Date COMMONWEAUFN Of-PE I'A Notarial Seal Riley D.Notz,Notary Public Silver Spring Twp.,Cumberland County my Commission Expires Oct 18,2014 Kvviation of Notaries Lisa L. Wilson IN THE COURT OF COMMON PLEAS OF )t�endan+ CUMBERLAND COUNTY, PENNSYLVANIA 2009-8554 CIVILACTION LAW vs. Brent D. Miller IN CUSTODY ORDER OF COURT AND NOW this !/ day of , 2013, upon consideration of the attached Stipulation Agreement, it is 46rdered and directed as follows: 1. The prior Orders of this Court dated January 22, 2010 and November 8, 2011 shall continue in effect. i 2. Plaintiff, Lisa L. Wilson shall be granted permission by the court to move to 504 Woodcrest Drive, Mechanicsburg, PA 17050. 3. This Order is entered pursuant to an agreement of the parties of the signed and notarized Stipulation Agreement. The parties may modify the provisions of the Order by mutual consent. In the absence of mutual consent, the terms of the Order shall control. BY THE COURT, cc: Brent D. Miller- Father COw m ,v ._L/✓� �D co a �Q c-n