HomeMy WebLinkAbout10-2822Jeanette Fitz , : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVAI8A
L Q
V. : CIVIL ACTION - LAW
IN CUSTODY
Martin Miller, `-`' G
Defendant. : NO. lG- ,7?Ja CIVIL TERM
r
The plaintiff, Jeanette Fitz, by her attorneys, the Family Law Clinic, sets forth the
following cause of action in custody.
1. The plaintiff is Jeanette Fitz (Maternal Grandmother), residing at 2330 Freedom Way
Apt. 326,York, York County, Pennsylvania, 17402.
2. The mother of the children is Stacey Smith, deceased.
3. The defendant is Martin Miller (Father), residing at 117 S. Second Street,
Wormleysburg, Cumberland County, Pennsylvania 17043.
4. Maternal Grandmother seeks partial custody or visitation of.
Name Present Residence Age
Madison Lee Miller 117 S. Second Street, 6
Wormleysburg, PA 17043
Xander Ray Miller 117 S. Second Street, 5
Wormleysburg, PA 17043
5. The children are presently in the custody of Father, residing at 117 S. Second Street,
Wormleysburg, Cumberland County, Pennsylvania 17043.
During the past five years the children have resided with the following persons at the
following addresses:
Persons Address
Martin Miller 117 South 2nd St.
West Fairview, PA 17025
Stacey Smith 523 3`d Street
West Fairview, PA 17025
Dates
September 5, 2009 - Present
2007 - September 5, 2009
r
Martin Miller & 117 South Second Street, 2005- 2007
Stacey Smith Wormleysburg, PA 17043
The mother of the children is Stacey Smith, deceased.
The father of the children is Martin Miller, divorced.
The relationship of plaintiff to the child is that of Maternal Grandmother. The Maternal
Grandmother currently resides alone.
The relationship of defendant to the child is that of Father. Maternal Grandmother is
unaware if Father resides with any other individuals at this time.
6. Maternal Grandmother 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.
Maternal Grandmother has no information of a custody proceeding concerning the
children pending in a court of this Commonwealth, or any other state.
Maternal Grandmother 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.
7. The best interest and permanent welfare of the children will be served by granting the
relief requested because:
a. Maternal Grandmother acted as the children's caregiver three to four days per
week while Mother, now deceased, was employed;
b. Maternal Grandmother spent the evenings with the children and stayed with
them in mother's home overnight when necessary;
c. Maternal Grandmother visited the children at mother's home for holidays and
birthdays, in addition to her time spent as the children's caregiver;
d. Maternal Grandmother can provide the children with a stable home and
environment with adequate moral, emotional, and physical surroundings as
required to meet the children's needs;
e. Maternal Grandmother was with the children when their Mother passed away;
f. Maternal Grandmother has not been permitted to contact the children since her
daughter's death, despite her deep love and affection for them and her repeated
requests to see them;
g. Maternal Grandmother attempted to negotiate a visitation schedule with Father
who initially agreed to arrange contact between the children and Maternal
Grandmother.
h. Father has not arranged the promised contact.
8. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody to the child have been named as parties to this action.
WHEREFORE, Plaintiff requests the Court grant her partial custody or
visitation of the children.
Respectfully submitted,
Date: Y a1 Y /v
4Christop Certified Legal Intem
THO ACE
ROBERT RAINS
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
MEGAN RIESMEYER
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
I verify that the statements made in this Complaint 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.
ette Fitz
Jeanette Fitz,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
Martin Miller
Defendant NO. %l- ,?SAd CIVIL TERM - In Cust@y
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Jeanette Fitz, Plaintiff, to proceed in forma pauperis. C K)
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the parry.
Date ? d7 116
Legal Intern
RO ER E. S
THOMAS E
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
MEGAN RIESMEYER
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
7EANETTE FITZ IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
v.
• 2010-2822 CIVIL ACTI(:)N LAW
MARTIN MILLER
t)I:FI~.NnnNT
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesd~, May O5, 2010 _ _ ,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, June 08, 2010 at 10:30 AM
for aPre-t~3earing 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 att existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: 1sJ Dawn S. Sunda Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by la«~ to comply with the Americans
with Uisabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the courC, 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
FORTE[ BELOW TO F[ND OUT WHERE YOU CAN GET LEGAL F~IELP.
~,~`e~Cumberland County Bar Association
~~ ~ i ~ 3? South Bedford Street
~0.NYli ~~ Ll3u.•~~
Carlisle, Pennsylvania 17013 ~ ,.,,,
Telephone (717) 249-3166 ~ -~~~
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JUN 1 2010
1
JEANETTE FITZ IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2010-2822 CIVIL ACTION LAW <A °
T~ _ r~
._' r ~~ .1..t
MARTIN MILLER ~ ~'
Defendant IN CUSTODY -
- r"i
:~--
ORDER OF COURT ~~ `' .~
AND NOW, this 1~~~ day of ~ y he 2010, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Maternal Grandmother, Jeanette Fitz, shall have partial physical custody of the
Children, beginning June 25, 2010, on alternating weekends from Friday at 6:00 p.m. through Sunday
at 6:00 p.m.
2. The Maternal Grandmother shall also have a period of vacation custody with the Children
from August 6 through August 13, 2010, which includes her alternating weekend period of custody.
In future years, the Grandmother shall have one full week of vacation custody upon providing at least
30 days advance notice to the Father. In the event the Maternal Grandmother intends to remove the
Children from the local area for an overnight period or longer, she shall provide advance notice to the
Father of the address and telephone number where the Children can be contacted.
3. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the
Wendy's located at the Strinestown Exit on Route 83. The parties shall ensure that the exchanges of
custody are conducted in a civil, cooperative manner to promote the emotional well-being of the
Children.
4. The parties shall share or alternate having custody of the Children over the Thanksgiving
and Christmas holidays as arranged by agreement. In the event the parties have not been able to
establish an agreement for the holidays by October 1, 2010, either party may contact the conciliator to
schedule an additional custody conciliation conference to establish a holiday schedule.
5. The Father shall provide information to the Maternal Grandmother concerning the
Children's events and activities in a timely manner to enable the Grandmother to attend.
6. The Maternal Grandmother shall notify the Father promptly in the event of a medical
emergency involving a Child or the Children during the Grandmother's period of custody. The
Grandmother shall have the authority to make emergency medical care decisions for the Children in
the Father's absence as necessitated by the emergency.
7. The Father may request a review of the custody arrangements set forth in this Order by
filing a petition for reassignment to custody conciliation.
8. Neither party shall do or say anything which may estrange the Children from the other party,
injure the opinion of the Children as to the other party, or hamper the free and natural development of
the Children's love and respect for the other party. Both parties shall ensure that third parties having
contact with the Children comply with this provision.
9. 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,
M. L. Ebert, Jr.
cc: Patrick Schaeffer and
~~e MacDonald-Fox, Esquire -Counsel for Maternal Grandmother
,,~~1Vlartin Miller -Father
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JEANETTE FITZ
vs.
MARTIN MILLER
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
: 2010-2822 CIVIL ACTION LAW
Defendant IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Madison L. Miller November 24, 2003 Father
Xander R. Miller May 23, 2005 Father
2. A custody conciliation conference was held on June 8, 2010, with the following individuals
in attendance: the Maternal Grandmother, Jeanette Fitz, with her counsel, Patrick Schaeffer and Anne
MacDonald-Fox, Esquire. The Father, Martin Miller, did not appear for the conference or contact the
conciliator. The Maternal Grandmother's counsel provided proof of service indicating that the Father
was served with notice of the complaint and conciliation conference by certified mail on May 21,
2010. According to the Grandmother's counsel, the Father informed a former intern at the Family Law
Clinic that he would not attend or participate in a conciliation conference.
3. According to the Maternal Grandmother, the Father has not permitted her to see the Children
since early September, 2009 when the Children's Mother passed away. Until that time and at the time
of the Mother's death, the Children were in the Maternal Grandmother's custody 75% of the time. The
Grandmother explained that she was a vital part of the Children's lives providing care when the
Mother was working (the parents were separated), during evenings and overnights and on holidays and
special events. The Maternal Grandmother stated that she does not know why the Father denied
contact between her and the Children at the time of the Mother's death but that the Father and the
Mother had an abusive and estranged relationship. The Family Law Clinic had prior experience with
the Father during their representation of the Mother, now deceased, in her Support and Protection
From Abuse cases. According to the Grandmother's counsel, the former intern had been advised by
the Father that the Grandmother could see the youngest Child on his birthday on May 23 but the Father
did not follow through in making the Child available for contact with the Grandmother. The Maternal
Grandmother believes it will be necessary to have a Court Order establishing her time with the
Children in order to ensure that the Father follows through with his prior agreements to maintain
contact. The Maternal Grandmother is willing to assist the Father by providing care for the Children
when he requires a caregiver and believes her involvement in the Children's lives will promote their
emotional needs and well-being.
4. Based upon the representations made by the Maternal Grandmother and her counsel at the
conference and the fact that the Father did not appear for the conference or contact the conciliator, the
conciliator recommends an Order in the form as attached. The Father may file a petition for review of
the custodial arrangements if he believes modifications are appropriate.
~; ao~ ~
Date Dawn S. Sunday, Esquir
Custody Conciliator
~ f
.IF:ANETTF. FITZ IN THE COURT OF COMMON PLEAS OF
PI_,:1INTIFF CUMBERLAND COUNTY, PENNSYLVANIA
v.
2010-2822 CI V I L ACTION LA W
MARTIN MILLER
I>I?FI:NDANT
IN CUSTODY
ORDER OF COt1RT
r1?~' I) NO~~', Tuesday, Julr 06,.20.10 ,upon consideration of the attached Complaint,
it is herch~~ directed that p~artics and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator,
at 39 West Main Street, Mechanicsburg PA 17055 on __ .Tuesday, July 27, 201,0 _ __ at 8:30 AM
for aPre-E I~arin~~ Custody Conference. At such conference, an effort will be made to resolve the issues in dis}~ute; or
if this cannot he 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,
S~~ecial Relief' orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR TI-IF. COURT,
By: /s/ Dawn S. Sunday, E:
Custody Conciliator ~'•
~ll~~c Court of Common Pleas of Cumberland County is required by law to comply with the Americans
~~ith [)isahilites Act of 1990. For information about accessible facilities and reasonable accommodations
acailahlc to dis~~~bled individuals having business before the court, please contact our office. All arrangements
must he made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
Ct)n I~cl'l 11CE' OI' 11Ca1'm<,;.
YOU SHOULD TAKE "I~HIS PAPER TO YOUR AT"TORNEY AT ONCE. lF YOU DO NO"T
HAVI-: AN AT"i'ORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FOR"I-1I I3EL_OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
(J ~~ ~ed Cumberland County Bar Association
ti
~, 7~ ~ v ~~ ~+ 32 South Bedftird Street C'~
~-6 ~C.efY~i ~ ~~ r1~C. Carlisle, Pennsylvania 17013 ~' ~ ''
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'Telephone (717)249-3166 ~-_; ,;-~
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7EANETTE FITZ IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
u' 2010-2822 CIVIL ACTION LAW
MARTIN MILLER
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, August 11, 2010 ,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 Wednesday, September 08, 2010 at 9:00 AM
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,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend -the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
$' < <' ~ d Cumberland County Bar Association
~' C~ ~~ `~ 32 South
Bedford Street ~--_-, (~_ ~~ >
__. ~ '
-+'~ ~Y.tM~~~~y. L~~ .
Carlisle, Pennsylvania 17013 C; '; i_ {
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JEANETTE FITZ
vs.
MARTIN MILLER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
2010-2822
IN CUSTODY
Defendant
CIVIL ACTION LAW
ORDER OF COURT
AND NOW, this ~ b~" day of ^,r~ 2010, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom Number Two of the Cumberland County Courthouse
on the _~`~day of Q , 20Q ~, at /O:Ob~.m., at which time testimony will be
taken. For purposes oft hearing, e Maternal Grandmother shall be deemed to be the moving party
and shall proceed initially with testimony. Counsel for the parties shall file with the Court and
opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses
who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness.
These Memoranda shall be filed at least 10 days prior to the hearing date.
2. Pending the hearing and further Order of Court or agreement of the parties, the prior Order
of this Court dated June 17, 2010 shall continue in effect.
BY THE COURT,
~~
M. L. Ebert, Jr. J.
cc: ~ne MacDonald-Fox, Esquire -Counsel for Maternal Grandmother
/Martin Miller -Father
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JEANETTE FITZ IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
MARTIN MILLER
Defendant
2010-2822 CIVIL ACTION LAW
IN CUSTODY
Prior Judge: M. L. Ebert, Jr.
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
Madison L. Miller November 24, 2003 Father
Xander R. Miller May 23, 2005 Father
2. A custody conciliation conference was held on September 8, 2010, with the following
individuals in attendance: the maternal grandmother, Jeanette Fitz, with her counsel, Patrick Shaeffer
and Anne MacDonald-Fox, Esquire, and the Father, Martin Miller, who is not represented by counsel
in this matter.
3. This Court previously entered an Order in this matter on June 17, 2010 under which the
maternal grandmother has alternating weekend periods of custody with the Children from Friday at
6:00 p.m. through Sunday at 6:00 p.m. The Maternal Grandmother had substantial time with the
Children when her daughter, the Children's Mother, was living. The Children's Mother died in
September 2009. Although he was served with notice, the Father did not appear for the conciliation
conference nor contact the conciliator preceding entry of the June 17 Order.
4. The Maternal Grandmother filed this Petition for Contempt seeking enforcement of the June
17, 2010 Order. There is no dispute that since the time of the prior Order, the Father has not permitted
contact between the Maternal Grandmother and the Children except for one supervised period on
August 1 when the Father, the Children, the Maternal Grandmother and other relatives on the maternal
side of the family visited the Mother's grave and went to lunch together.
5. The parties were not able to reach a resolution of the Mother's Petition for Contempt at the
conference and it will be necessary to schedule a hearing.
6. The Maternal Grandmother's position on custody is as follows: The Maternal Grandmother
indicated that prior to her daughter's death in September, 2009, the Maternal Grandmother had custody
of the Children approximately 75% of the time and she feels that it is detrimental to the Children that
the Father has disallowed contact since the Mother's death. The Grandmother indicated that the period
of supervised visitation on August 1 went well under the circumstances. The Grandmother does not
see any reason why she should not be permitted to continue her ongoing relationship with the Children
and she does not believe that she will have regular contact unless there is a Court Order in place
assuring her regular time periods. The Grandmother stated that she has a close relationship with the
Children and that it is in their interests to maintain that close bond with her and the rest of their
Mother's side of the family.
7. The Father's position on custody is as follows: The Father stated that he is not willing to
comply with the Order entered by the Court on June 17, 2010. The Father stated that he may be
willing to eventually get to the point of implementing the alternating weekend schedule but he believes
there is a need to establish trust between the parties before that is possible. The Father expressed
concerns about the way the Maternal Grandmother handled the situation at the time of the Mother's
death and believes that the Grandmother failed to shield the Children from the trauma. The Father
stated that he is not willing to be controlled by the Grandmother to the extent of having to follow a
schedule for the Children's custody although he would be willing to be flexible in permitting contact
without such a schedule. The Father was not willing to agree to a gradually increasing schedule
leading up to implementation of the June 17, 2010 Order as he would like any ongoing schedule to be
voluntary. The Father requested that the Maternal Grandmother and the Children have a psychological
evaluation before unsupervised periods of custody would be arranged. The Father believes the
Grandmother should pay for the evaluation if she wants to see the Children. The Father expressed
concerns about the Children's safety when in the Grandmother's custody. The Father indicated that he
did not intend to comply with the June 17 Order pending a hearing and therefore it would not be
necessary for the Maternal Grandmother to appear at the specified location for exchanges of custody
on the alternating weekends until that time.
8. The conciliator recommends an Order in the form as attached scheduling a hearing on the
Maternal Grandmother's Petition for Contempt. It is requested that the hearing be expedited to
minimize the effects on the relationship between the Children and the Maternal Grandmother resulting
from long periods without contact. The Father indicated that he intends to obtain representation for the
hearing. It is anticipated that the hearing will require less than one-half day.
Date Dawn S. Sunday, Esquire
Custody Conciliator
JEANETTE FITZ,
Plaintiff
V
MARTIN MILLER,
Defendant
IN RE: CUSTODY
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 10-2822 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this 5th day of January, 2011,
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this being the
time and place set for plaintiff, Janet Fitz's, Petition for
Civil Contempt for Disobedience of Custody Order, and the court
finding that the defendant did, in fact, have notice of the
hearing and has failed to appear, IT IS HEREBY ORDERED AND
DIRECTED that a warrant shall issue for his arrest. Said warrant
shall be served only during the times of 8:30 a.m. to 3:00 p.m.,
and the defendant shall be immediately brought before this court
for hearing to show cause why he should not be held in contempt
of court. In the interim, beginning on January 15, 2011, and
then alternating weekends, the plaintiff, Jeannette Fitz, shall
have physical custody of the children from 12:00 p.m., on
Saturday until 12:00 p.m. on Sunday.
By the Court,
N\ _?
M. L. Ebert, Jr., J.
Anne MacDonald-Fox, Esquire
Patrick J. Schaeffer, CLI
?? 5(u
Family Law Clinic
For the Plaintiff p
? Martin Miller, Defendant
7 Fargreen Rd., apartment B
Camp Hill, Pa. 17011
: mt f 11 slit ,0EA - J. £etetl ? Sic. - ?4y*ucl 4kr_ LJxtax.. 4
JEANETTE FITZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2010-2822 CIVIL ACTION-LAW 7 ^,
MARTIN MILLER, IN CUSTODY e
Defendant c
_
4 _.-t C
CERTIFICATE OF SERVICE
I, Patrick Schaeffer, Certified Legal Intern, hereby certify that I am serving a copy of the
Order of Court, dated January 5, 2011, this date by first class mail, postage prepaid upon the
following person:
Martin Miller
7 Fargreen Road, Apt. B
Camp Hill, PA 17011
Date: January 7, 2011 ,
Patrick Schae fer
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
FILED-OFFICE
OF THE PROTHONOTARY
2011 JAN 31 AM 10: 29
CUMBERLAND COUNT`4
PENNSYLVANIA
Jeanette Fitz, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
Martin Miller,
Defendant
CIVIL ACTION-LAW
CUSTODY
: NO. 10-2822 CIVIL TERM
CERTIFICATE OF SERVICE
I, Sarah Stoner, Certified Legal Intern, Family Law Clinic, hereby certify that I served a
true and correct copy of the Order of Court scheduling a hearing on February 7t', 2011, at 1:30
p.m., on Martin Miller, residing at 7 Fargreen Road, Apartment B, Camp Hill, PA 17011, on
January 27, 2011, by United States mail, first class, postage pre-paid.
Sarah ton r
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
FILED-OFFICE
O THE F??UTl MNO T k-r""
Jeanette Fitz,
Plaintiff
V.
Martin Miller,
Defendant
2011 FEB 14 AM 10: 21
CUMBERLAND COU'-fl
FEH SY!_!! A,N It,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
CUSTODY
NO. 10-2822 CIVIL TERM
CERTIFICATE OF SERVICE
I, Sarah Stoner, Certified Legal Intern, Family Law Clinic, hereby certify that I served a
true and correct copy of the Order of Court dated February 7th, 2011, on Martin Miller, residing
at 7 Fargreen Road, Apartment B, Camp Hill, PA 17011, on February 11, 2011, by United States
mail, first class, postage pre-paid.
vlit[ 1
Sarah Stoner
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
Jeanette Fitz, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
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V. CUSTODY -.-, --?
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Martin Miller,
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Defendant NO. 10-2822 CIVIL T RJA ?
-71
-'
PETITION TO WITHDRAW PETITION FOR CIVIL CONTEMP'lr
Plaintiff, through her attorneys, the Family Law Clinic, files this Petition to Withdraw Petition
for Civil Contempt, and in support thereof avers the following:
1. Plaintiff is Jeanette Fitz, residing at 2330 Freedom Way, Apt. 326, East York, PA 17402.
2. Defendant is Martin Miller, residing at 7 Fargreen Road, Apartment B, Camp Hill, PA
17011.
3. Plaintiff filed a Petition for Civil Contempt for Disobedience of Custody Order on
August 4t`, 2010.
4. The Order of Court dated September 20'', 2010, scheduled a hearing on January 5, 2011
before the Honorable Judge Ebert.
5. Defendant failed to appear at the hearing on January 5, 2011.
6. By order dated January 6t', 2011, the court scheduled another hearing for February 7t',
2011.
7. Both parties appeared before the Honorable Judge Ebert for the contempt hearing on
February 7, 2011 at 1:30 p.m.
8. The parties came to an agreement that is reflected in the Court Order dated February 7,
2011.
9. Wherefore, Plaintiff requests that the Petition for Civil Contempt for Disobedience of
Custody Order filed August 4t', 2010, be withdrawn.
Respectfully Submitted, :V1 L
arah Stoner
Certified Legal Intern
V w- LM
Ann
e -Fox, Esq
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in this petition are true and correct. I understand that
false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn
falsification to authorities.
Date: 3 `"Z
Sar Stoner
r'
Jeanette Fitz, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. CIVIL ACTION -LAW
IN CUSTODY
Martin Miller,
Defendant No. 10-2822 CIVIL TERM
ORDER OF COURT
AND NOW, this '&'QQ day of _? u? -, 2011, upon consideration of the attached
Petition to Withdraw Petition for Civil Contempt, it is hereby Ordered that the Petition for Civil
Contempt for Disobedience of Custody Order filed on August 0, 2010, is withdrawn and that
the provisions of the February 7t', 2011, Order shall remain in effect.
BY THE COURT,
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Jeanette Fitz,
Plaintiff
V.
Martin Miller,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
CUSTODY
NO. 10-2822 CIVIL TERM
CERTIFICATE OF SERVICE
I, Sarah Stoner, Certified Legal Intern, Family Law Clinic, hereby certify that I served a
true and correct copy of the Order of Court dated February 28, 2011, on Martin Miller, residing
at 7 Fargreen Road, Apartment B, Camp Hill, PA 17011, on March 1, 2011, by United States
mail, first class, postage pre-paid.
j 14NA' ?
Sarah Stoner
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
jr_ _. ?.
.,
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