Loading...
HomeMy WebLinkAbout05-2779 JEANNETTE L. POIT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05" - :1'171 c ,AI RANDY J. MILLER, DEFENDANT CIVIL ACTION CUSTODY CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Jeannette L. poit residing at 1550 Williams Grove Road, #66, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant lS Randy J. Miller who last resided at 807- B Fairfield Street, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff seeks legal custody and primary physical custody of the following children: NAME PRESENT RESIDENCE DOB Joseph Miller 1550 Williams Grove Road Mechanicsburg, PA 11/13/91 Rebecca Poit 1550 Williams Grove Road Mechanicsburg, PA 11/13/96 The children were born in wedlock. The children are presently in the physical custody of Jeannette L. Poit who resides at 1550 Williams Grove Road, Mechanicsburg, Pennsylvania. The children have resided with the following persons and at the following addresses: Person Address ~ Mother 1550 Williams Grove Rd 02/01/05- Mechanicsburg, PA Present Mother & Fairfield Street 2003 - 02/05 Father Mechanicsburg, PA Mother & Various locations in Father Cumberland County The mother of the children is Jeannette L. Poit who resides at 1550 Williams Grove Road, Mechanicsburg, Pennsylvania 17055. She is married. The father of the children is Randy J. Miller who last resided at 807-B Fairfield Street, Mechanicsburg, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: ~ Relationship Joseph Miller Rebecca Poit Son Daughter 5. The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: ~ Relationship Unknown 2 6. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because; A. Plaintiff can properly care for her children. B. Plaintiff can provide a loving home. C. Plaintiff has been the primary caretaker of the children. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant her legal custody and primary physical custody of her children, subject to defendant's periodS of partial custody at times determined to be in the children's best interest. Respectfully submitted, ~2).~ Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 3 VERIFICATION I, Jeannette L. Poit, hereby certify that the foregoing CUSTODY COMPLAINT 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. Section 4904 relating to unsworn falsification to authorities. DATED: S/'li.oJC6 ~()!Y\.IY\.diQ,dJtcl Jeannette L. poit Plaintiff 4 ~ ~..- ~ .:.:.:1 r-- C-.: '"' I..I::> ,;;".:; .' C--.i I_J ~ ~r\ Q- oo~ () c<) -....3- ~cb -- . \J) ...d _ :\\: 1\= . .~ ~~~ JEANNETTE L. POIT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 05-2779 CIVIL ACTION LAW RANDY J. MILLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, June 03, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, July 22, 2005 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis 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 rnay provide grounds for entry of a temporary or permanent order. The court hereby directs tbe 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: Isl Melissa P. Greevv, Esq. Custody Conciliator fr' 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 HA VE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ -;or.?? ~ 0;. ~ ~- ~I///~H --;rIP fl 7VZJ(17?J t7l-fYll( thn;PPV ~(W7/vJ OfY /rt .(~?Y' -vrr;'U . llu; '~;;Y ~vWO if 0/~;nv{) j M~YV f'u'Vm{kt/' ~/r -' fPW? ~0d~ ~ 'UJI ~?J 'w?J ?7f,Fur;fP(7l 7'>ryJ- :fl?1/ ~~P% ~~/ ~pr ~ ~ ~ ~_ . 51ll:';7 _ . v rr; 5(/.. f:. ~ ItINVAlASNN3d AlNnOO Qf.t>(1f:E:18!iro L'l :f: \old 8- Nnr ~OOZ AtN1ONOH10Od 3Hl ::lO 3::>I.:l.:lCKl311::f ,;) Plaintiff RECEIVED AU;; 01 7005 '0/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2779 CIVIL TERM JEANNETTE L. POIT, v. RANDY J. MILLER, CIVIL ACTION - LAW IN CUSTODY Defendant INTERIM ORDER OF COURT AND NOW, this L-I )Iv day of August, 2005, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Jeannette L. Poit and Randy J. Miller, shall have shared legal custody of the children, Joseph Miller, born November 13, 1991, and Rebecca Poit, born November 13, 1996. Each parent shall have an equal right, 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 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody, which shall be arranged by mutual agreement of the parties. The parties shall use the neighbor as an intermediary to facilitate the custodial exchanges to reduce the tension to which the children have been subject at the time of custodial exchange. Prior to taking custody of the children, Father will provide a phone number and location where he can be reached during his periods of custody. Interim periods of partial custody with Father shall be for no more than 24 hours and upon less than 12 hours notice to Mother. 3. The parties shall provide each other with telephone numbers where they can be reached, and where messages can be left for them with regard to their children. Father will also provide Mother with current information with regard to his mailing address. 4. The Cumberland County Court of Common Pleas for the Commonwealth of Pennsylvania shall retain juriSdiction of this matter. Neither party shall remove the children from the jurisdiction of the court for purposes of relocation without express written agreement of the parties or further Order of Court. NO. 05-2779 CIVIL TERM 5. 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. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. A hearing is scheduled in G.qurtroom Number A of the Cumberland County C~urthouse, on the ~ day of D('~ , 2005, at \' ~O o'clock .M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Jeannette L. Poit, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed I ten days prior to the hearing date. ~ Dist: ,;r1iPmas D. Gould, Esquire, 2 East Main Street, Shiremanstown, PA 17011 :,Randy J. Miller, 807-B Fairfield Street, Mechanicsburg. PA 17055 J. ft~, ';;', tl.,'. ,;,-2\" 'r):':'-': (~)\:. (.....l\F " \I,.;~ ::'';It' i:C _-:. .~ 1-- u... C) ..:::r (::::> c....; c;..... ~::r , c..9 "'-I ;:':'f.- I,f":> c? C"..> c.... - , ,- JEANNETTE L. POIT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2779 CIVIL TERM v. RANDY J. MILLER, CIVIL ACTION - LAW IN CUSTODY Defendant 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Joseph Miller Rebecca Po it November 13,1991 November 13, 1996 Mother Mother 2. The Mother filed a Complaint for Custody on May 27, 2005. A Custody Conciliation Conference was held on July 22, 2005. Attending the Conference were: the Mother, Jeannette L. Poit, and her counsel, Thomas D. Gould, Esquire. The Father did not attend. However, he did participate by telephone conference. He was not represented by counsel. 3. Issues to Which the Parties Aaree: Shared Legal Custody. 4. Issues to Which the Parties Did Not Aaree: Physical Custody. 5. Mother's position on custody is that she has been the primary caregiver of the children throughout the marriage and that primary physical custody should be confirmed in her, subject to Father's rights of partial custody. The parties separated on February 1, 2005. Mother is employed at Staples from 7:30 a.m. to 3:30 p.m. Mother reports that they have not observed a set custodial schedule due to Father's work obligations. However, she has taken the children meet him at a truck stop upon his requests. She took the children and Father to a local restaurant for dinner on one occasion when Father did not have a vehicle in town. Mother has expressed concerns that Father has not established a permanent residence and therefore is not comfortable with a schedule that does not give specific parameters for the children's return. She also reports that there have been difficult custodial exchanges, which at times have involved the police being contacted. She reports . NO. 05-2779 CIVIL TERM that Father uses profanities in the presence of the children and on one occasion had to be invited to leave a local restaurant because of his contact with the children while in the restaurant. 6. Father's position with regard to custody is that he should have joint physical custody. Father is employed driving trucks over the road, and typically has about twelve hours notice of any time that he might be in the area. Father complains that Mother has lied to him and that she has withheld the children. Father complains that Mother causes arguments which make him mad. Father also complains that Mother leaves the children unsupervised at times while she is at work. Father reports that he is able to obtain a local job which would permit him to have more custodial time. He also claims that he will be able to obtain a local residence to facilitate this arrangement. However, he does not have such an arrangement at present. Father is not able to provide the Conciliator with a mailing address at the time of the Custody Conference. However, he indicated that he had arranged to have his mail fOlWarded to his new address. Father further agreed to leave a message with the Conciliator's office with his correct mailing address so that the Report and the Order scheduling the hearing would get to him. However, four business days after the Conciliation passed without this information being provided by Father. Father asked that the hearing not be scheduled before September 2005 because he anticipates the need for approximately $10,000.00 in order to proceed in litigation. He expects that he will be able to earn that amount in the next two months. Because Father asked for a hearing with regard to his request for shared physical custody of the children, and because he is unrepresented, the Conciliator advised him that he should proceed apace to obtain counsel so as to prepare for the hearing he requested. r, to which the parties elissa Peel Greevy, Esquire ustody Conciliator :255498 JEANNETTE L. POIT, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RANDY J. MILLER, Defendant NO. 05-2779 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of October, 2005, this matter having been called for a hearing this date, and the father currently being incarcerated pending criminal charges for allegedly assaulting the mother, and he having requested a continuance, the continuance is granted. The interim order entered on August 4, 2005, shall remain in full force and effect pending final disposition of this case upon the call of either ~ " party. By the Edgar v1homas D. Gould, Esquire For Plaintiff ~ ~andy J. Miller, pro se Defendant CCP Sheriff prs .-, (~