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HomeMy WebLinkAbout10-2820OM LITLILAKIS c Michelle L. Sommer, Esquire Attorney I.D. #: 93034 T- 2 West High Street , ,r • ?? -T' Carlisle, PA 17013 (717) 249-0900 - -? " IN THE COURT OF COMMON PL S w A MONICA E. MILLER, -1 11 Plaintiff CUMBERLAND COUNTY, PA 2.7 c:) w V NO. CIVIL TERM . JAMES E. SNYDER, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT 1. Plaintiff is the Mother, Monica E. Miller, who currently resides at 534 Shed Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is the Father, James E. Snyder, who currently resides at 1050 Myerstown Road, Gardners, Cumberland County, Pennsylvania 17324. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. COUNT I - CUSTODY 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks custody of the following children: Name Address DOB Makayla Paige Sturtz 534 Shed Road, Newville, PA 17241 May 16, 1996 417q.00 Pu arty 00 aA55 go ?y1A35 6. Makayla was born out of wedlock. 7. The child is in the primary custody of the Plaintiff, residing at 534 Shed Road, Newville, Cumberland County, Pennsylvania 17241. 8. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Monica Miller, Makayla, Monica's Brother, Monica's Mother & Monica's Grandmother Monica, Makayla & David Kling (Monica's now Ex-Husband) Monica, Makayla, David Kling (Monica's Now Ex-Husband) Monica, Kayla, & Conda Miller (Monica's Current Husband) Monica, Kayla, & Conda Miller (Monica's Current Husband) 1109 Trindle Road Carlisle, PA 17013 106-A Lincoln Street Carlisle, PA 17013 1610 Longs Gap Road Carlisle, PA 17013 9 Deer Trail Newville, PA 17241 534 Shed Road Newville, PA 17241 Since Birth in 1996-2001 2001-2005 2004-2005 - David Kling 2005-2006 2006-2007 2007 to Present 9. The father of the child is James E. Snyder, who currently resides at 1050 Myerstown Road, Gardners, Cumberland County, Pennsylvania 17324. 10. The mother of the child is Monica E. Miller, who currently resides at 534 Shed Road, Newville, Cumberland County, Pennsylvania 17241. 11. The mother and father of the child are not married. 12. The relationship of Plaintiff to the child is that of Mother. 13. The relationship of Defendant to the child is that of Father. 14. The Plaintiff currently resides with the following people: a. Makayla Paige Sturtz, age 13 (DOB 5/16/1996) b. Conda Miller, Her Husband 15. The Defendant currently resides with the following people: a. Donna Snyder, His Mother b. Ray Snyder, His Father 16. The 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 any other court. 17. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 18. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children. or claims to have custody or visitation rights with respect to the children. 19. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother has been solely responsible as the primary caregiver of the minor child since her birth. She has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The Mother can and has always been able to ensure for the children's safety and care. c. The Mother can and has always provided a stable home for the child. d. The child has a psychological bond with the Mother. e. The Mother can and has always provided for the child both financially and emotionally. 20. It is believed and therefore averred that Father should have some type of visitation with the minor child; however it should be a very gradual and slow process since prior to March 28, 2010, he had only seen the minor child once when she was four (4) years old. a. Father was in prison for the last six (6) years and there had been only that one visit prior to entering Federal Prison in Maryland. 21. It is believed and therefore averred that Father is now making promises to a teenage daughter, encouraging her in an inappropriate way to get body piercing and tattoos. 22. It is believed and therefore averred that the minor child should be in counseling to help with this transition and both parents should be involved to help make Father's involvement occur without any issues or problems. 23. Each parent whose parental rights to the child has not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Honorable Court grant Sole Legal and Physical Custody of the minor child to the Plaintiff/Mother with a schedule to be determined for the Defendant/ Father. DATE 42:4-,l 0 - Respectfully submitted, ABOM&KUTULAKIS, L.L.P. Michelle L. So er Supreme Court ID #93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff I, MONICA E. MILLER, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date ri 01L) ?PQ. LP_OD,? M NI E. MILLER CERTIFICATE OF SERVICE AND NOW, this 27?" day of April, 2010, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified mail and First-class mail, postage prepaid addressed to the following: James E. Snyder 1050 Myerstown Road Gardners, PA 17324 Respectfully submitted, ABOM&KUTULAKi,% L.L.P. i Michelle L. So er, Esquire Supreme Court ID #93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff MONICA F. MILLER IN THE COURT OF COMMON PLEAS OF 111-AINTIFF CUMBERLAND COUNTY, PENNSYI-VANIA V. 2010-2820 CIVIL ACTION LAW JAMES E. SNYDER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, April 29, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland Coun Courthouse, Carlisle on Monday, June 07, 2010 at 8:30 AM for a Pre-Ilearim, Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or it 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 entrv 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 hearinLi. FOR THE COURT. By: _ /s/ • ohn-j. Mangan, Jr., Esq. U\ 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 OFFIej-' SC4 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. `- n _r n .-1 Cumberland County Bar Association ?i CjQr4. CO32 South Bedford Street r` ,mom, lie -?-? 50YVMLW Carlisle, Pennsylvania 17013 -r- Telephone (717) 249-3166 - a,n • a9 • to c?op? ??ci i n Man A . JUL 2 3 2010 3~ MONICA E. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-2820 CIVIL ACTION LAW JAMES E. SNYDER, IN CUSTODY Defendant ORDER OF COURT AND NOW this ~ ~ day of July 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, James E. Snyder, and the Mother, Monica E. Miller, shall have shared legal custody of Makayla Paige Sturtz, born 05/16/1996. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have partial physical custody of Makayla at least two times per week for a period of at least three hours. The parties may expand this time/days by agreement. Father shall inform Mother of his work schedule by Wednesday of each week so that the custodial periods can be arranged. b. The parties shall share the transportation obligations for the exchanges. c. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall share and alternate the holidays by agreement of the parties. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use illegal +~ . substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. In the event the parties are not able to reach an agreement in regard to expanding Father's custodial periods and/or to initiate overnights, either party has the right to directly contact the assigned conciliator within three (3) months of the instant Order to schedule a status conference. 9. This Order is entered pursuant to 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. J. Distribution: ,/Sean Shultz, Esquire ~I'Ofichelle Sommer, Esquire ,min J. Mangan, Esquire ~ E.S ~'YL`dl 7~zG ~ ro -~ ~. MONICA E. MILLER, Plaintiff v. JAMES E. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2820 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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: Name Date of Birth Currently in the Custod~of Makayla Paige Sturtz 05/16/1996 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 07, 2010 with the following individuals in attendance: The Mother, Monica Miller, with her counsel, Michelle Sommer, Esq. The Father, James Snyder, with his counsel, Sean Shultz, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John ,Esquire Custo y C nciliator