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HomeMy WebLinkAbout10-3412WILLIAM P. MILLER, JR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA t V. NO. 4/ Xd- ohn M. err 5020 Ritter Road state 109 Medk"CSbM9,PA 17055 PHOrie: 717.766.4008 FA%: 717.766.4066 MELISSA R. PEREA, CIVIL ACTION - CHILD CUSTODY Defendant ,'a cz? L _ ?.,.q? f?f1T i COMPLAINT IN CUSTODY 1. Plaintiff is William P. Miller, Jr. (hereinafter, "Father"), an adult individfialresieJ,ibig at 701 Herman Avenue, Lemoyne, Pennsylvania 17043.= 2. Defendant is Melissa R. Perea (hereinafter, "Mother"), an adult individual residing at 904 Bridge Street, A-1, New Cumberland, Pennsylvania 17070. 3. The parties are the natural parents of the following minor child: Cedahlia K.P. Miller, born November 26, 2001 (hereinafter, "the child") 4. The child was born out of wedlock. 5. The child is presently in the custody of Defendant Mother, who resides at 904 Bridge Street, A-1, New Cumberland, Pennsylvania 17070. 6. During the past five years, the child has resided with the following persons and at the following addresses: Names Melissa Perea Addresses Dates Melissa Perea William P. Miller, Jr. Robert Lewis Christina Lewis Aiden Lewis Gabriel Lewis Melissa Perea 904 Bridge Street 08/09 - present A-1, New Cumberland, PA 171070 701 Herman Avenue Lemoyne, PA 17043 6/09 - 8/09 213 Herman Avenue Lemoyne, PA 17043 06/15/08 - 6/09 l7 9. 6%) ioe? A. Melissa Perea Cheryl Morton Melissa Perea Cheryl Morton William P. Miller, Jr. 2614 Nonohe Street Wahawa, HI 96786 77 Karsten Drive Wahawa, HI 96786 11/06-6/08 11/04-11/06 7. The mother of the child is Defendant Melissa Perea, who resides with the child at 904 Bridge Street, A-1, New Cumberland, Pennsylvania 17070. She is not married. 8. The father of the child is Plaintiff, William P. Miller, Jr., who resides at 701 Herman Avenue, Lemoyne, Pennsylvania 17043. He is not married. 9. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Name Relationship No one other than himself 10. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Name Relationship No one other than herself Law Offia of M. err OY solo Rkter Road suite 108 MechaNCsbo($. PA 17055 PHoNE: 717.766.4008 FAx: 717.766.4066 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 13. 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. 14. 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. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. The Plaintiff has regularly seen his daughter every week since she and her Mother returned from Hawaii two years ago; b. Pennsylvania is the home state of the Child, and the child is in a stable environment in Pennsylvania with frequent contact with family; c. the emotional, physical and/or spiritual development of the child will be enhanced by granting shared legal and physical custody rights to the child to Plaintiff Father. WHEREFORE, Plaintiff requests that the Court grant to him shared legal and physical custody of the child, Cedahlia K.P. Miller. Respectfully submitted, W. Aj? John 4. Kerr, Esquire Attorney I.D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, William P. Miller, Jr. Yohn M. err 5020 Ritter Road Suite 108 MechanWSbtug, PA 17055 Prlors: 717.766.4008 FAx: 717.766.4066 Dated: May 21, 2010 VERIFICATION The undersigned, William P. Miller, Jr., hereby states that he is the Plaintiff in the foregoing Custody action and, as such, is authorized to execute this Verification, and that any factual statements contained in the preceding Complaint in Custody are true and correct to the best of his knowledge, information and belief. He understands that false statements are subject to the penalties prescribed at 18 Pa. C.S. §relating to unsworn falsification to authorities. William P. Miller, Jr. WILLIAM P. MILLER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA. ~~ 2010-3412 CIVIL ACTION LAW MELISSA R. PEREA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _ _ Thursday, May 27, 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, az 39 West Main Street, Mechanicsbur , PA 17055 on Tuesday, June 1.5,,2010 _ ___ _ __ at .3.:30 _PM _. for aPre-1 lcaring C ustody C orrference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defne 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. "1'he 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. E'OR THE COURT. By: /s/ Dawn S. Sunda Es . Custody Conciliator 1`he 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 A1' ONC,E. IF YOU DO NOT HAVE: AN A"I'TORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICF~ETr,,, C~ .l FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. c =~ `-' Ta -~ ~~~• ma~1~ Cumberland County Bar Association ~ ~ '' .,~ ~• e~ `• (0 32 South Bedford Street rv '`r'' ~ , ~-, -~ ~ ~~- Carlisle, Pennsylvania 17013 . ~~• tO ~~1C~ (`(~Q~e,~ ~~ Telephone (7l7) 249-3166 -_ ~. S .• S vuld ~`' ,a.~ . ~ p rna;~ed -QCs ~ . c~