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Home My WebLink About06-4602 CHRISTOPHER J. NICOll, SR.,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006- /I(,O:z. CIVil TERM Defendant CIVil ACTION-LAW IN DIVORCE MARY M. MillER, CUSTODY COMPLAINT 1. Plaintiff is Christopher J. Nicoll, Sr., an adult individual who currently resides at 2107 Circle Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Mary M. Miller, an adult individual who currently resides at 14 East Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. The parties are the natural parents of a minor child, Christopher J. Nicoll, born October 23, 1992. The child is presently in the shared custody of the parties, with the Father having the child the majority of the time since May 1, 2006. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Mary M. Miller Various homes in Cumberland County, Pennsylvania May, 2001 to May 1, 2006 Christopher J. Nicoll, Sr. Sally Nicoll 2107 Circle Road Carlisle, Pennsylvania December, 1995 to present The natural father of the child is Christopher J. Nicoll, Sr., currently residing at 2107 Circle Road, Carlisle, Cumberland County, Pennsylvania. He is married to Sally Nicoll. The natural mother of the child is Mary M. Miller, currently residing at 14 East Street, Mount Holly Springs, Cumberland County, Pennsylvania. She is divorced from the Defendant. 4. The relationship of Plaintiff to the child is that of natural father. Plaintiff currently resides with the following persons: Names Relationshio Sally Nicoll Wife Sally's Daughter Step-Daughter 5. The relationship of Defendant to the child is that of natural mother. Defendant currently resides with the following persons: Names Relationshio None 6. 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 children will be served by granting the relief requested because: (a) The Father can provide a more stable home environment. (b) Father wants to be accommodating to permit "frequent and continuing contact and physical contact" between the children and Mother. 23 PA C.S.A 5303 (a). 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NONE. WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the child and give Defendant partial custody at such times as is convenient for the Defendant and the parties. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: ~,2006 MiCha~~qUire 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dlr/domestlc/nicoli/custody.comp CHRISTOPHER J. NICOLL, SR.,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 2006- CIVIL ACTION-LAW IN DIVORCE CIVIL TERM v. MARY M. MILLER, VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: August -3..-, 2006 CHRISTOPHER J. NICOLL, SR.,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 2006- CIVIL ACTION-LAW IN DIVORCE CIVIL TERM v. MARY M. MILLER. CERTIFICATE OF SERVICE AND NOW, on this the .JL day of ,2006,1, Andrea M. Barrick, Secretary of O'Brien, Baric & Scherer, did serve a copy of the Complaint for Custody, by First Class U.S. mail, postage prepaid, to the party listed below, as follows: Mary M. Miller 14 East Street Mount Holly Springs, Pennsylvania 17065 ~'1n fiAt(iJ:;) Andrea M. Barrick (") ,..., c: 15 ~ 3:: ",.. j:gl1J ~ ~~ r""'\ ""7 ,~." Ci'J ~ _._.,J , ~ ~ 21-< ~m ~ (])~':: 0 ~ ';J 2'-" ~-\~ ~.-\.... ~ ~ ~ -ji;, ." 6:D ~ ;ZCl ;:J; ,;;~ 60 r:i' rn ~ " ~ ~ ~ "'- ~ ~ U1 ~ ~ "- -l ~ , ~ "- ~ ~ ~ ~ - .. CHRISTOPHER J. NICOLL, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-4602 CIVIL ACTION LAW MARY M. MILLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 15, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 21, 2006 at 9:30 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 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 hearin!!. FOR THE COURT. By: /s/ Hubert X. Gilrov. 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 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 .... - . -~ nG.p~ -# "':h ~ ~ ~?/. p . ~ P /~ ">II'.~ ~'?/-,!. ~ ~ '?r'P'~- ~ --ro '117'1/(-;5 'v1N'v'I\lASNNild AlNn~r, nl,V1u',81"1n8 l)') ':;1" If,o," L I : III.HI 91 snv 90Ul Al:lV1ONOH10t:id 3H.L :lO 3:)l::l:lo-G31I:l ') r ".; ~ :; CHRISTOPHER J. NICOLL, SR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW MARY M. MILLER, Defendant NO. 06-4602 IN CUSTODY COURT ORDER f--o, AND NOW, this If day of October, 2006, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. ~ -" 7/~' .-',r ~. ;:"">'. ' '<!l~ .~ \:"~ ';,- -.;" '_ .-r /.:> r-::> ~ ~ <?) _\ (;..... o ~ -;?..-(\ -.f\ e "( (\"". -D C) .~r) \ -~~;~ (j: \ Sz~, -:::- .. )i~\ '\-? ~~ c:J --