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HomeMy WebLinkAbout04-2879ANGELA MARIE MILLER Plaintiff PRESTON L. MILLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. C/3d : CIVIL ACTION - LAW : CHILD CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 Telephone: (717) 249-3166 ANGELA MARIE MILLER Plaintiff PRESTON L. MILLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHILD CUSTODY COMPLAINT FOR CHILD CUSTODY AND NOW comes the Plaintiff, Angela Marie Miller, by and through her attorney, Mark T. Silliker, Esquire, and respectfully requests this Honorable Court award her custody of the subject minor children, and in support thereto, avers the following: 1. Plaintiff is Angela Marie Miller, an adult individual residing at 3315 North Second Street, Harrisburg, Dauphin County, Pennsylvania. 171 I0. 2. Defendant is Preston L. Miller, an adult individual residing at 3009 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania. 17011. 3. The subject children are Tyler Lee Miller, bom March 12, 2000, and Taran Rhea Miller, born May 15, 2003. 4. The relationship of the Plaintiffto the subject minor children is that of natural mother. 5. The relationship of the Defendant to the subject minor children is that of natural father. custody of the 6. The minor children have resided at the following addresses, in the following individuals: a. Birth to May 15, 2004 - the subject minor children resided with the Plaintiff and Defendant at 3009 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania. 17011. b. The subject minor child Tyler Lee Miller has resided with Plaintiff, along with her friend Bonnie Howard, at 3315 North Second Street, Harrisburg, Dauphin County, Pennsylvania since on or about June 1, 2004. c. The subject minor child Taran Rhea Miller has resided with Defendant at 3009 Columbia Avenue, Can~p Hill, Cumberland County, Pennsylvania, 17011 since May 15, 2004. 7. There have been no prior actions for custody of the subject minor children in this or any other jurisdiction. 8. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor children. 9. The Plaintiffbelieves and therefore avers that she is much better able to meet the needs of the subject minor children than the Defendant. 10. The Plaintiffbelieves and therefore avers that it is in the best interest of the subject minor children that they be placed in her legal and physical custody. 11. The Plaintiffis willing to provide the Defendant with reasonable and indeed frequent periods of partial custody. WHEREFORE, Plaintiff requests this Honorable Court award her primary physical custody of the subject minor children. Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Angela Marie Miller AFFIDAVIT I, ~,t']to/a ~trT~/~ ,'[/CF;', hereby certify that the aforegoing is 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. 4909 relating to unswom falsifications to authorities. Dated: ANGELA MARIE MILLER Plaintiff PRESTON L. MILLER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, : CIVIL ACTION - LAW : CHILD CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Angela Marie Miller, Plaintiff, to proceed in forma pauperis. I, Mark T. Silliker, attomey for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Angela Marie Miller ANGELA MARIE MILLER PLAINTIFF V. iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 04-2879 CIVIL ACTION LAW PRESTON L. MILLER DEFENDANT : 1N CUSTODY ORDER OF COURT AND NOW, Wednesday, June 30, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Thursday, July 15, 2004 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effbrt 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 als() be present at the conference. Failure to appear at the conference ma,/ 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 prinr to scheduled hearing. FORTHE COURT, By: /s/ Dawn S. Sunday,~ Esq. Custody Conciliator mhc 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 accessthle 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 befbre the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AEFORD 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 Telephone (717) 249-3166 ANGELA M. MILLER Plaintiff PRESTON L. MILLER, Defendant TO THEPROTHONOTARY: : 1N THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION .- LAW : IN CUSTODY : NO. 04-2879 CIVIL TERM ENTRY OF APPEARANCE Please enter the appearance of the Family Law Clinic as attorney for the Defendant, Preston Miller, in the above captioned matter. Respectfully Submitted, Certified Legal Intern THO~IJ~,~/M. PLACE ~ ROBERT E. RAINS LUCY JOI-INSTON-WALSH ANNE MACDONALD-FOX Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ANGELA MARIE MILLER Plaintiff VS. PRESTON L. MILLER Defendant JUL 2 3 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAiND COUNTY, PENNSYLVANIA 04-2879 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~..&' day of q]~k , 2004, upon consideration of the attached C~ Conciliation Repod, it i~ ordered and directed as follows: 1. The parties shall obtain an assessment of the custodial arrangements for the Children by Arnold Shienvold, Ph.D. The purpose of the assessment shall be to obtain independent professional guidance from Dr. Shienvold as to custodial arrangements which will best serve the needs of the Children. 2. The Mother, Angela Marie Miller, and the Father, Preston L. Miller, shall have shared legal custody of Tyler Lee Miller, bom March 12, 2000, and Taran Rhea Miller, born May 15, 2003. Each parent shall have an equal fight, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. Pending receipt by the parties of Dr. Shienvold's guidance as to the custodial arrangements and further agreement of the parties or Order of Court, the parties shall have custody of the Children as follows: A. The Mother shall have primary physical custody of Tyler and the Father shall have primary physical custody of Taran. B. Each party shall have physical custody of both Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m., beginning with the Mother having custody of the Children on Friday, July 16, 2004. Each parent may have additional periods of custody with the Child in the other parent's primary custody at additional times as arranged by agreement. 4. The parties agree that the Mother shall take the Children to any scheduled medical appointments, including Taran's appointment on July 23, 2004 mad Tyler's appointment on August 11, 2004. 5. Within 60 days after the parties have completed the assessment by Dr. Shienvold, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to review the custody arrangements. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 7. 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 CO'URT, cc: ~f~k T. Silliker, Esquire - Counsel for Mother ~Vl~chael Knacht and Lucy Johnston-Walsh, Esquire - Counsel for Father ANGELA MARIE MILLER Plaintiff VS. PRESTON L. MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAiND COUNTY, PENNSYLVANIA 04-2879 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLANI) 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 CU'RRENTLY IN CUSTODY OF Tyler Lee Miller Taran Rhea Miller March 12, 2000 Mother May 15, 2003 Father 2. A conciliation conference was held on July 15, 2004, with the following individuals in attendance: The Mother, Angela Marie Miller, with her counsel, Mark T. Silliker, Esquire, and the Father, Preston L. Miller, with his counsel, Michael Knacht, Amy Kruzel, and Lucy Johnston-Walsh, Esquire. 3. It should be noted that Bonnie Howard, with whom the lvlother and the Child in the Mother's primary care reside, also participated in a portion of the conference. Ms. Howard indicated that she had previously participated in both a professional (therapeutic counseling) and personal role with both parties. Ms. Howard offered that Arnold Shienvold, Ph.D. would be willing to provide guidance to the parties with respect to this custody situation despite the fact that they were unable to afford the full costs of a custody evaluation. As the Mother currently resides with Bonnie Howard and in the past has been more involved professionally with Ms. Howard, the conflict of interest issue was discussed at the conference. With the benefit of legal counsel, the Father agreed to the involvement of Dr. Shienvold and waived the potential conflict. 4. The parties agreed to entry of an Order in the form as attached. D D~ate ' Dawn S. Sunday, Esq.uir~ Custody Conciliator