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Home My WebLink About04-6486 DIANN WILLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. Oq - (, V f& CIVIL TERM DEEJAY MILLER, Defendant : CIVIL ACTION - CUSTODY COMPLAINT OF CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, the Plaintiff, DIANN WILLEY, by and through its attorneys, Coyne & Coyne, P.c., and avers the following in support of this complaint of custody: 1. Plaintiff is DIANN WILLEY, an adult individual, who currently resides at 41 Oak Avenue, Camp Hill, (Hampden Township), Cumberland County, Pennsylvania. 2. Defendant is DEEJAY MILLER, an adult individual, who currently resides at 120 Patricia Lane, Pleasant Gap, Centre County, Pennsylvania. 3. Plaintiff is the maternal grandmother of TAIME ALEXIS WILLEY, born March 27, 1992. 4. The mother of the mmor child was DANA MICHELLE WILLEY, who died unexpectedly on August 31, 2004. 5. At the time of DANA MICHELLE WILLEY's death, she resided at 41 Oak Avenue, Camp Hill (Hampden Township), Cumberland County, Pennsylvania. 6. Plaintiff seeks custody of her minor granddaughter, TAIME ALEXIS WILLEY, born March 27, 1992. 7. The child was born out of wedlock. 1 8. The child is presently in the custody of the Plaintiff grandmother who resides at 41 Oak Avenue, Camp Hill, Pennsylvania. 9. For the last five years, the child has resided with the following persons and at the following addresses: Name: Residence: Dates: Diann Willey (Grandmother), Donald Willey (Uncle), & Kylie Madison Winfrey (sister) 41 Oak Avenue CampHill,PA 17011 August 31, 2004 to Present Dana Willey (Mother), Kylie Madison Winfrey (sister), Damon Michael Winfrey (brother) Donald Willey (Uncle) 41 Oak Avenue Camp Hill, P A 17011 November, 1999 to August 31, 2004 10. The Mother of the minor child is deceased. 11. The Father of the child is the Defendant. 12. The relationship of the Plaintiff to the child is that of maternal grandmother. 13. The relationship of the Defendant to the child is that of father. 14. 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. 15. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 16. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. Since the child's birth, the child has always resided with the child's mother. The minor child has never met the Defendant. 2 18. The best interest and welfare of the minor child will be served by granting the relief requested because given the circumstances of the unexpected death of the Mother and fact that the child's sister is in the custody of the Plaintiff Grandmother, the child needs stability in her life under the circumstances. 19. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendancy of this action and the right to intervene: None. WHEREFORE, Plaintiff requests this Honorable Court to grant Plaintiff shared legal and physical custody of the minor child, TAIME ALEXIS WILLEY. Respectfully submitted, Dated: ":2, 7 f)ec.. jlf 'f COYNE & COYN~.C~ ^ By: I~ lA: ---- LI A MARIE COYNE, ESQUIRE 3 1 Market Street amp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Plaintiff 3 VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. ~4904. Da_/f7~~ J( k~~Jf;JL C DIANN WILLEY, OF Plaintiff PENNSYL VANIA : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, vs. : NO. CIVIL TERM DEEJAY MILLER, Defendant : CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, LISA MARIE COYNE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of COMPLAINT OF CUSTODY, dated December 27, 2004 to be served upon the person named below by way of first class mail, postage prepaid: Mr. Deejay Miller 120 Patricia Lane Pleasant Gap, P A 16823 (Centre County) Dated: 2~ De-c.. plf COYNE & COYNE, P.C. ~ ~]^~ @~~ - LIS <\ MAR COYNE ESQUIRE 39 1 Market Street amp Hill, P A 17011-4227 ~ (...." ~,..) ~' -), ("",,- " --I) r-, :--:1 ~ (':> 1 ("'.,.I r ~, " '-, (~ lj '-- .-. 4~~ <q \.N 0 - ~ ~ - \i ;j ~ e7 -, ~ ~ C'..,) ..".... DIANN WILLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-6486 CIVIL TERM DEEJAY MILLER, Defendant : CIVIL ACTION - CUSTODY CUSTODY STIPULATION AND AGREEMENT AND NOW, this if5:- day of M c4-~ c:tI- ' 2005, the parties, DIANN WILLEY, Plaintiff, and DEEJAY MILLER, Defendant, hereby stipulate and agree as follows: I. The Plaintiff, DIANN WILLEY, is the maternal grandmother of the minor child, TAIME ALEXIS WILLEY, born March 27, 1992. 2. The Defendant, DEEJAY MILLER, is the father of T AIME ALEXIS WILLEY, born March 27,1992. 3. The mother ofTAIME ALEXIS WILLEY was the late, DANA MICHELLE WILLEY who died unexpectedly on August 31, 2004. 4. The Defendant and DANA MICHELLE WILLEY never married. 5. From birth, TAWE ALEXIS WILLEY, always resided with her mother, DANA MICHELLE WILLEY and since November 1999, TAIME ALEXIS WILLEY has resided with DANA MICHELLE WILLEY and Taime's siblings, Kylie Madison Winfrey, born January 26,2001 and Damon Michael Winfrey, at 41 Oak Avenue, Hampden Township, Cumberland County, Pennsylvania. 6. Since the death of DANA MICHELLE WILLEY on August 31, 2004, TAIME ALEXIS WILLEY has been in the sole custody and care of the Plaintiff, DIANN WILLEY 7. Plaintiff. DIANN WILLEY, intends to adopt TAIME ALEXIS WILLEY 8. The parties hereby agree and stipulate that it is in the best interest of T AIME ALEXIS WILLEY that Plaintiff, DIANN WILLEY, have sole legal and physical custody of TAIME ALEXIS WILLEY I . 9. Defendant, DEEJAY MILLER, may have periods of visitation with TAIME ALEXIS WILLEY upon mutual agreement with Plaintiff. 10. This custody stipulation and agreement may be modified at any time upon mutual agreement of the parties. WHEREFORE, the parties hereby request that an appropriate Order of Court be entered to reflect the above agreed tenus concerning custody of the minor child, T AIME ALEXIS WILLEY. ~2~ ~ {/-, ~ss' 7 c~ ?-2i-iJS- ( V~ 3-(tr=-tJS DEE Y LER, Defendant /-1 a/)~ '=4 WILLEY, Plaintiff -;..t/,_-... ~ # /,,\ Witness 3-)f/~()}- . 2 ,." .. ~ "^\ ~ , ~ - 1 -- ~ DIANN WILLEY, Plaintiff vs. DEEJA Y MILLER, Defendant . . : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6486 CIVIL TERM : CIVIL ACTION - CUSTODY RETURN OF SERVICE l. Lisa 1\1'11 Ie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the Order of Court, dated Malch 4. 2005 served upon the below-referenced individuals at the below listed address on March 17. 2005 I II way of certified mail-restricted delivery, return receipt requested, postage pre-paid: Mr. Deejay Milk, 120 Patricia Lanl' Pleasant (iap, P /\ 16823 - ~ . Complete Items 1. 2. end 3. Also complete ne:" ,'if Restricted Delivery is desired. . PrIr. lour name and address on the reverse 80 -,hat we can return the card to you. . Attach this card to the back of the mailplece. or on the front n space pennits. 1. ArtIcle Addressed to: ~fr1 /.Ii J/~ /Jo M.Clr... LMl< f74lt5aJ~f. fff 163'23 2. AttIcle Number (1hmsfer from service label) PS Form 3811, August 2001 o Agent o Addressee C.DateofDellwry 3-\7-05 D. Is del dress nt from Item 1? 0 Yes If YES. enter delivery address below: 0 No \:C. 7003 2260 , i ~ -M-1540 ~ . DIANN WILLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV vs. : NO. 04-6486 CIVIL TERM DEEJAY MILLER, Defendant : CIVIL ACTION - CUSTODY ORDER AND NOW, this 2>>\.day of ", ~/) "' , 2005, upon consider ion of the o F MAR 2 3 lUUbe,fl'l IA \ parties' custody stipulation and agreement, dated March 18, 2005, attached hereto and i orporated herein, it is hereby ORDERED that: 1. The Plaintiff, Diann Willey, shall have sole legal and physical custody 0 the minor child, TAlME ALEXIS WILLEY, born March 27,1992; 2. The Defendant, Deejay Miller, may have periods of visitation with TA WILLEY, upon mutual agreement with Plaintiff; and ALEXIS The parties may modify this Custody arrangement at any time u~ ~tua agreement // 3. of the parties. Cf: k Marie Coyne, Esquire For Plaintiff ~ejay Miller, Pro Se ~lissa P. Greevy, Esquire Custody Concilator '" ) ~ ...L:~ .-.::,,~ 1_" r"- U_}~=~ Q2;'-:, U::c g-)~C. -' C," We.t.':' :FlU '--j:E U. o ...:t C'... t:c::: ~ x: LrO = = "'" <:0 ""'- "'"<:- =2 Plaintiff MAR 2. 8 'L\l\lj^ ~~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6486 CIVIL TERM .. DIANN WILLEY, v. CIVIL ACTION - LAW DEEJAY MILLER, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 23'd day of March, 2005. the parties having reached an agreement which has been memorialized in a Stipulation to be filed with this Court. the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FORTHE~ Bf: Jk . VGv~ Melissa Peel Greevy, Esquire Custody Conciliator :247238 / "Usa Marie Coyne, Esquire. 3901 Market Street. Camp Hill. PA 17011 tJ'eeJay Miller, 120 Patricia Lane, Pleasant Gap, PA 16823 () .~ .-{7 ,l . l ,\. ,\ cf' Dist: r; Leoe 4 -11-0~ Cv.M\)(f'{C( ,,0{ COlA-nf; Co. ~M+\- OJ: COUNSEl, . JOHNSON DUFFIE \\'1!!TLi;',< 1'><'1' ;\.'1'_ i I" [;;,]\.I \11. 111Jii>;:jrb\\,('JITl March 24, 2005 Melissa Calvanelli, Assistant Court Administrator Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013-3387 Dear Melissa: Enclosed are the recommended Orders and Conciliation Summary Reports on the following matters. Envelopes addressed to counsel and/or Pro Se parties are also included. Roush v. Ulrich Shand v. Shand No. 05-348 No. 05-989 An Order relinquishing jurisdiction is enclosed on the following matter: Willey v. Miller No. 04-6486 Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER :::.!!3:.~ t3-y:kw Custody Conciliator U / J MPG:kkm:247368 Enclosures "" ,i ',: JOHNSON. DUFFIE. STEWART & WEIDNER, PC