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Home My WebLink About10-4110`F TI i F , r <.Y 2010 ut 1 18 AN 2::?3 Jay R. Braderman, Esquire Attomey I.D. No. 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel. 717-233-6633 Fax: 717-233-7003 E-mail: jbraderman@lavery/aw.com E-mail: though@avery/aw.com Attomeys for Plaintiff ZACHARY R. MILLER, Plaintiff vs. STEFFANIE M. MILLER, Defendant CUIr+ , . i i?'Ufbf\(TY IN T HE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 16-4110 etv; 1 terra CIVIL ACTION - LAW CUSTODYNISITATION CUSTODY COMPLAINT AND NOW comes the above-named Plaintiff, Zachary R. Miller, by and through his attorneys, Lavery, Faherty, Young & Patterson, P.C. and Jay R. Braderman, Esquire, and represents as follows: 1. The Plaintiff is Zachary R. Miller, residing at 3605 Enola Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Steffanie M. Miller, residing at 228 East Main Street, Apt. 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: Name: Jacob R. Miller Present Residence: 3605 Enola Road, Newville, Cumberland County, 1?4.00 PO A7?'/ Pennsylvania 17241. d439 loa2 Age: The child is two and one-half years old, having been born January 14, 2008. The child was not born out of wedlock. The child is presently in the custody of his father, Zachary R. Miller, residing at 3605 Enola Road, Newville, Pennsylvania 17241. During his 2'/s years of life, the child has resided with the following persons and at the following addresses: a) From his birth until June 7, 2010, the child has resided with his parents, Zachary R. Miller and Steffanie M. Miller, at 228 East Main Street, Apt. #2, Mechanicsburg, Pennsylvania 17055. Also residing there were three children born to Steffanie M. Miller: Jason Ressler, Jr., age 7, Joshua Houseman, age 8 and Justin Houseman, age 11. b) From June 7, 2010 to the present, the child has resided with his father, Zachary R. Miller and his paternal grandfather, Gene A. Miller, at 3605 Enola Road, Newville, Pennsylvania 17241. The Mother of the child is Steffanie M. Miller, currently residing at 228 East Main Street, Apt. #2, Mechanicsburg, Pennsylvania 17055. She is married to Zachary R. Miller. The Father of the child is Zachary R. Miller, currently residing at 3605 Enola Road, Newville, Pennsylvania 17241. He is married to Steffanie M. Miller. 4. The relationship of Plaintiff to the child is that of Father. Plaintiff currently resides with his son, Jacob R. Miller and his father Gene A. Miller. 5. The relationship of Defendant to the child is that of Mother. Mother currently resides with her children from prior relationships: Jason Ressler, Jr., Joshua Houseman and Justin Houseman. 6. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or in any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because Father is a devoted and loving parent and can better attend to the needs of his child. 8. 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. WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the child to him, partial physical custody of the child to Mother and shared legal custody of the child to both parties. Date: f% Respectfully submitted, Lavery, F & Patterson, P.C. Br d an, Esquire ;Att me I. 0.07047 dd C. Hough, Esquire orney I.D. No. 91060 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the criminal penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: 6 /-/ 6 120, 0 NARY . MILLER CERTIFICATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached Custody Complaint on the following individual at the address and manners of service indicated: Certified Mail, Return Receiat Requested, Restricted Delivery U. S. Mail, First Class Steffanie M. Milller 228 East Main Street Apt. #2 Mechanicsburg, PA 17055 Date: By: -0 Lavery, Faherty, Young & Patterson, P.C. rdrry?an, Esquire . D. o. 07047ket Street, Suite 304 j2Z x 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff . X ~ Zachary Miller, Plaintiff v. Steffanie Miller, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4110 CIVIL ACTION-LAW CUSTODY/VISITATION PRAECIPE TO ENTER APPEARANCE c7 ~ 4 '~i !c`' ~` !rr- , 4: ,~ T 'Z"1~ , ~- J m --~ ~..~ ~ ^Y .-t . ,: ,, w'M i1~r, ;, the _=+ To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Defendant, in the above captioned matter. June 24, 2010 Patrick Schaeffer Certified Legal Intern -~.Ll~' Meg 'esmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 .4. ,, Zachary Miller, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-4110 Steffanie Miller, :CIVIL ACTION-LAW Defendant CUSTODY/VISITATION CERTIFICATE OF SERVICE I, Patrick Schaeffer, Certified Legal Intern, hereby certify that I am serving a true and correct copy of the foregoing Praecipe to Enter Appearance this date by first class mail, postage prepaid upon the following person: Jay R. Braderman, Esq. Lavery, Faherty, Young, and Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 FOR PLAINTIFF June 24, 2010 ~.~-- ~~~ Patn~effer Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 p ZACHARY R. MILLER IN THE COURT OF COMMON PLEAS OF PL..AINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. • 2010-4110 CIVIL ACTION LAW STEFFANIE M. MILLER DEFENDANT IN CUSTODY ORDER OF COURT ,AND NOW, Wednesday, June 30, 2010 _ _, upon consideration of the attached Complaint, it is hereb}~ directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, tit 4th Floor ,Cumberland County Courthouse, Carlisle on Friday, July 30, 2010 at 10:30 AM for aPre-Iiearin~ Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or iFthis cam~ot be accomplished, Co detine and narrow the issues to be heard by the court, and to enter into a temporary order. Failtu-e 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. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es Custody Conciliator ~~-- "fhe Court of Common Pleas of Cumberland County is required by law to comply with the Americans ti~ ith Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the curt, 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 conl~rence 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 FOR"1'1-I F3ELOw' TO FIND OUT WHERE YOU CAN GET LEGAL HELP. t7 ~ ; ; C o Cumberland County Bar Association ~ 32 South Bedt~~rd Street nit, ~• r"~ #;: ,,, . :~ rv 1fYlGl.(1 Carlisle, Pennsylvania 17013 ~'`'r` o ,~'~ -}-d ~ -~ , Ce.. ~~ ~ ~ Telephone (717) 249-3 l66 ~ ~,. t ~: ~= -- ~L~-C~--. ~ .. M1~ { i~.: r Abu ~ 4 2010 ZACHARY R. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW c?~ `--' STEFFANIE M. MILLER, NO. 2010-4110 ~, Defendant IN CUSTODY ,=~',~' q` '_° ~ =' o~ COURT ORDER _ 3 r- w: a -.. NOW, this ~~ day of August, 2010, upon consideration of the attache C~tody.; Conciliation Report, it is ordered and directed as follows: ~~ 1. The father, Zachary R. Miller, and the mother, Steffanie M. Miller, shall enjoy shared legal custody and shared physical custody of Jacob R, Miller, born January 14, 2008. 2. Physical custody shall be handled with the parties alternating custody on a week on/week offbasis. Exchange of custody shall be Friday evening at 5:00 p.m. unless agreed otherwise by the parties. Mother's period of custody shall start on Friday, July 30, 2010 at 5:00 p.m. for exchange of custody. The parent acquiring custody shall pick the child up at the other parent's home. 3. Both parents shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the other parent. 4. A holiday schedule shall be handled as follows: A. Christmas shall be divided into two segments; Segment A shall be from December 24 at noon until December 25 at noon and Segment B shall be from December 25 at noon until December 26 at noon. The parties shall alternate the segments each year with the mother having Segment A in 2010 and father having Segment B and the parties alternating that schedule thereafter. J B. The parties shall also alternate custody on the following holidays; Labor Day, Thanksgiving, Easter, Memorial Day and July 4. Mother shall start with Labor Day and the parties alternating thereafter. C. Mother shall always have custody on Mother's Day and father shall always have custody on Father's Day with this provision to supercede any other scheduled. The time frames for the Mother's and Father's Day holiday and for the other holidays except for Christmas shall be from 9:00 a.m. unti17:00 p.m. cc: `~ J~ R, Braderman, Esquire ~ Patrick Schaeffer, Student Attorney of the Dickinson School of Law Penn State University Family Law .Clinic 8 c~~~v BY THE COURT, J ZACHARY R. MILLER, Plaintiff vs. STEFFANIE M. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-4110 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jacob R. Miller, born January 14, 2008 2. A Conciliation Conference was held on July 30, 2010, with the following individuals in attendance: The father, Zachary R. Miller, with his counsel, Jay R, Braderman, Esquire, and the mother, Steffanie M. Miller, with her counsel, Student Attorney Patrick Schaeffer of the Dickinson School of Law Penn State University Family law Clinic. 3. The parties agree to the entry of an Order in the form as attached. Date: August ~, 2010 Hubert X. Gilro ,Esquire Custody Conci ator