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HomeMy WebLinkAbout01-7124MARTIN H. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01- : : : IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY Plaintiff is Martin H. Miller, who currently resides at 2312 Walnut Bottom Road, CAROLEE MILLER, Defendant Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Carolee Miller, who currently resides 297 Mohawk Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: a. April Star Miller, bom 3/4/86; b. Shauna Lee Miller, bom 10/12/88; and c. Adam Jay Miller, bom 8/11/90. 4. The children were bom in wedlock. 5. The children have resided with the parties at Plaintiff's address until Defendant left the marital residence on Novemberl 5, 2001. 6. The relationship of the Plaintiff to the children is that of father. He is married and living separately. The Plaintiff currently resides with the following: Name April Star Miller Shauna Lee Miller Adam Jay Miller Relationship Daughter Daughter Son 7. The relationship of the Defendant to the children is that of mother. She is married and living separately. Defendant currently resides with the following: Name Relationship. Unknown Boyfriend 8. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 9. The Plaintiff has no information ora custody proceeding concerning the child pending in any other court. 10. The best interest and permanent welfare of the children will be served by granting custody to Plaintiff because: He is best able to provide a stable and nurturing environment for his children. 11. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiffrequests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Willigms, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff Date: December }~., 2001 VERIFICATION The foregoing Custody Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Martin H. Miller MARTIN H. MILLER : PLAINTIFF V. : 01-7124 CAROLEE MILLER DEFENDANT : IN CUSTODY ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Tuesday, January 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, February 06, 2002 at 8:30 AM 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ora 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/ facqueline M. Verney. Esq. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 dO 6 2002 MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7124 CIVIL ACTION - LAW : : IN CUSTODY ; ORDER OF COURT AND NOW, this [_t~,~ day of ~)~.,~.,. ,2002, upon . consideration of the attached Custody Conciliation'Report, it ~s o~dered and directect as follows: 1. The Father, Martin H. Miller, and the Mother, Carolee Miller, shall have shared legal custody of April Star Miller, date of birth, March 14, 1986, Shauna Lee Miller, date of birth October 12, 1988 and Adam Jay Miller, date of birth, August 11, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding their health, education and religion. 2. Father shall have primary physical custody of the Children. 3. Mother shall have periods of partial custody every Saturday from 9:00 a.m. to 1:00 p.m. 4. Mother shall have additional periods of partial custody as the parties agree, such as days that the children are off from school. Father is to encourage the children to visit with Mother. 5. Mother shall have a block of time with the children on Easter, Thanksgiving and Christmas. 6. The children are to be available for telephone contact with Mother every Wednesday at 4:30 p.m. Father is to encourage the children to initiate and accept other telephone contact with Mother. 7. The children are hereby ordered to attend counseling which shall include Mother once the counselor deems it appropriate. 8. 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. The parties shall return for another Conciliation Conference on April 10, 2002 at 9:30 a.m. cc: Thomas J. Williams, Esquire - Counsel for Father Jane Adams, Esquire - Counsel for Mother FE '6 2002 MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-7124 CIVIL ACTION - LAW : : IN CUSTODY ; PRIOR JUDGE: None CUSTODY CONCH,IATION 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF April Star Miller Shauna Lee Miller Adam Jay Miller March 14 1986 Father October 12, 1988 Father August 11, 1990 Father 2. A Conciliation Conference was held in this matter on February 6, 2002. Father, Martin H. Miller, was present with counsel, Thomas J. Williams, Esquire, and Mother, Carolee Miller, was present with counsel, Jane Adams, Esquire. 3. The parties agreed to an Order in the form attached. Date vemey, Esquire Custody Conciliator MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7124 CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~N~_ day of ~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court of the Honorable Edgar B. Bayley, dated February 12, 2002 is hereby vacated and replaced with the following. 2. The Father, Martin H. Miller, and the Mother, Carolee Miller, shall have shared legal custody of April Star Miller, date of birth, March 14, 1986, Shauna Lee Miller, date of birth October 12, 1988 and Adam Jay Miller, date of birth, August 11, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding their health, education and religion. 3. Father shall have primary physical custody of the Children. 4. Mother shall have periods of partial custody as follows: A. With Adam, alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. B. With April and Shauna, alternating weekends, Saturday from 9:00 a.m. to 3:00 p.m. and Sunday from 9:00 a.m. to 5:00 p.m. Said days shall coincide with the alternating weekends that Adam is with Mother. This provision shall eventually be expanded to alternating overnight weekends. C. Ten overnights during the summer from 5:00 p.m. to 5:00 p.m., provided Mother give Father two weeks prior notice of exercising said overnights. This provision applies to all three children. 5. Mother's boyfriend is not to be present during Mother s period of partial physical custody with April and Shauna until they are comfortable with him. 6. Holidays: A. Mother's Day/Father's Day: Mother shall have custody of the children on Mother's Day from 9:00 a.m. to 3:00 p.m. Father shall have custody of the children on Father's Day from 9:00 a.m. to 3:00 p.m. B. Memorial Day, 4th of July, and Labor Day shall be split by the parties such that Mother will always have the children from 9:00 a.m. to 3:00 p.m. In the event a Monday holiday coincides with Mother's weekend periods of custody, the weekend shall be extended to include Sunday overnight. C. Thanksgiving: The parties shall share physical custody of the children, such that Mother will always have physical custody of the children from 9:00 a.m. to 3:00 p.m. D. Christmas: Mother shall have physical custody of the children from Christmas Day at 12:00 noon to December 26 at 12:00 noon. 7. Mother shall initiate counseling to include the children and be responsible for the cost thereof. 8. The children are to be available for telephone contact with Mother every Wednesday at 4:30 p.m. Father is to encourage the children to initiate and accept other telephone contact with Mother. 9. Mother shall provide a current telephone number to Father. Father shall not release the number to any third party. 10. 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. The parties shall tatum for another Conciliation Conference on June 26, 2002 at 10:30 a.m. Edgar B. Bay e~, ~ J. cc:_~o~"~i Williams, Esquire - Counsel for Father Adams, Esquire - Counsel for Mother MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-7124 CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF April Star Miller Shauna Lee Miller Adam Jay Miller March 14 1986 Father October 12, 1988 Father August 11, 1990 Father 2. A Conciliation Conference was held in this matter on April 10, 2002. Father, Martin H. Miller, was present with counsel, Thomas J. Williams, Esquire, and Mother, Carolee Miller, was present with counsel, Jane Adams, Esquire. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley, dated February 12, 2002, which provided for shared legal custody, Father having primary physical custody and Mother having periods of partial custody. 4. The parties agreed to an Order in the form attached. Date ~tacq~line M. Vemey, Esqmre Custody Conciliator MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001 - 7124 CIVIL ACTION LAW : : IN CUSTODY : PETITION FOR CONTEMPT AND NOW COMES, Petitioner, Carolee Miller, by and through her Attorney, Jane Adams, and respectfully represents the following: 1. On April 15, 2002, Judge Bayley entered an Order awarding Petitioner, Carolee Miller, (hereinafter referred to as "Mother") periods of partial custody of the minor children: April Star Miller, Shauna Lee Miller, and Adam Jay Miller. 2. A true and correct copy of the Order is attached to this petition. (Please see Exhibit A.) 3. The Order provides Mother visitation with the children from 9:00 a.m. through 3:00 p.m. on Memorial Day as well as periods of visitation with the children on alternating weekends. 4. Respondent is Martin H. Miller (hereinat~ter referred to as "Father.") 5. Father has willfully failed to abide by the order in that: (a) On May 25th, May 26th and Ma3' 27th (Memorial Day), Mother called Father and requested a period of visitation with the children consistent with the custody Order of April 15, 2002. (b) Father did not return Mother's telephone calls and did not offer a period of partial custody as directed by the Order. (c) On May 26th, Mother was able to contact her son, Adam Miller, who indicated he was going away over the weekend. (d) On May 30th, Mother requested an additional period of partial custody with the children on June 1, 2002, due to the missed visit; Father did not allow this visit. (e) Father has continually and repeatedly refused to provide custody of the children as directed under this Court's Orders of February 12, 2002, and April 15, 2002. (0 Father has offered no assurance that he will abide by the custody Order of April 15, 2002, or provide Mother with any future periods of partial custody. WHEREFORE, Petitioner requests that Respondent be held in contempt of Court. I verify that the statements made in this Complaint are tree 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. Carolee MilYer~itio' ~~ Date: Respectfully submitted, j ~ 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER MARTIN H. MILLER : : PLAINTIFF : V. : 01-7124 .. CAROLEE MILLER DEFENDANT : IN CUSTODY _. ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Monday, June 24, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, C.mherland County Courthouse, Carlisle on Tuesday, July 16, 2002 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. All children age five or older may also be present at the conference. 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/ Jacqueline M. Verney. Esq. 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 ATrORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166