HomeMy WebLinkAbout01-4127
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
CHARLES w. M~MILLEN,
Plaintiff
*
*
NO. 01-4/..2. 7 ~-r.u-
*
vs.
*
*
CIVIL ACTION - LAW
*
* IN CUSTODY
PAMELA J. M~MILLEN,
Defendant
*
*
COMPLAINT FOR CUSTODY
AND COMES NOW, CHARLES W. McMILLEN, by his attorney, Timothy J. Colgan, Esq., and
files the following Petition:
I. Plaintiff, CHARLES W. McMILLEN, who resides at 322 Third Street, West Fairview,
Cumberland County, Pennsylvania since July of2000.
2. Defendant, PAMELA J. McMILLEN, who resides at 130 Summer Lane, Summerdale,
Pennsylvania since May of2001 .
3. Plaintiff and Defendant are the natural parents of one minor child, Sara A. McMIllen, D.O.B.
03/13/1999.
4. The child was not born out of wedlock.
5. Prior to July of 2000, the child resided with the father and the mother at 506 Third Street, West
Fairview, Pennsylvania
6. There are no court orders establishing custody or visitation.
7. Plaintiff has no information ofa custody proceeding concerning the children pending in a court of
this Commonwealth.
8. 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.
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9. The best interest and pennanent welfare of the children will be served by granting the relief
requested herein.
WHEREFORE, Plaintiff requests the Court enter an Order granting primary physical custody and
shared legal custody of the minor child to Plaintiff.
Dated:
Gftb/p/
I I
~llY submitted,
TimOthY~
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
lD. #77944
..... .. >
.
..
.
VERIFICATION
I, CHARLES W. McMILLEN, ill, verify that the statements made in this document are
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. ~4904, relating to unsworn
falsification to authorities.
Date: 6--;?O -0 I
~ -;?- ~
HARLES W. McMILLEN, ill
..
CHARLES W. MCMILLEN
PLAINTIFF
V.
PAMELA J. MCMILLEN
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-4127 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, July 12, 2001
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 15, 2001 at 2:30 p.m.
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 hearing.
FOR THE COURT,
By: /s/
Jacqueline M. Verney. Esq.(!;b
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
HAVE 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF
CUMBERLANDCOUNTY, PENNSYLVANIA
CHARLES W. McMILLEN, *
Plaintiff *
*
*
vs. *
*
*
PAMELA J. McMILLEN, *
Defendant *
NO. 01-4127
CIVIL ACTION - LAW
IN CUSTODY
AFFIDAVIT OF SERVICE
I, Michele A. Reneker, being duly sworn, deposes and says that she is an adult and that she served
the within Complaint on the Defendant, at the Defendant's last known address as follows: 130 Summer Lane,
Enola, PA 17025, by certified mail, restricted delivery, return receipt requested on the 27th day of July, 2001.
A copy of the PS form 3811 is attached hereto, marked Exhibit "A" and made a part hereof by reference
thereto.
Date: August 2,2001
By:
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF lfnL
WILEY, LENOX, COLGAN
& MAR?ZACCO'l2
!ll-tlM{l. ~
Michele A. Reneker, Secretary to --
Timothy 1. Colgan, Esquire
On this, the 2nd day of August, 2001, before me, a notary public, personally appeared Michele A.
Reneker, known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and
acknowledged that she executed the same for the purposes therein contained.
WITNESS, my hand and notarial seal the day and year aforesaid.
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Notarial Seal l'"'U'IlARY UBLIC
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Member, PennsylvaniaAssociationOfNotaries
. Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
10 that we can return the card to you.
. Attach this card to the back of the mall piece,
or on the front if space permits.
1. Article Addnl88ed to:
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3. ~ice Type
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4. Restricted Delivery? (Extra Fee) Va
2. Article Number (Copy from service label) y
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PS Form 3811, July 1999 Domestic Return Receipt
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CHARLES W. McMILLEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: 2001-4127 CIVIL TERM
PAMELA J. McMILLEN,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: None
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 CUSTODY OF
Sara A. McMillen
March 13, 1999 shared
2. A Conciliation Conference was held in this matter on August 31, 2001,
with the following individuals in attendance: The Father, Charles W. McMillen, with his
counsel, Timothy J. Colgan, Esquire, and the Mother, Pamela J. McMillen, with her
counsel, Judith A. Calkin, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
9 -<.{ -01
Date
7hti
cqu ine M. Verney, Esquire
Custody Conciliator
...
SEP 0 4 2001tP
CHARLES W. McMILLEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2001-4127 CIVIL TERM
PAMELA J. McMILLEN,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this I \:) day of 0n:01r- .2001, upon
consideration of the attached Custody Conciliat~ is ordered and directed as
follows:
1. The Father, Charles W. McMillen and the Mother, Pamela 1. McMillen,
shall have shared legal custody of Sara A. McMillen, born March 13, 1999. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Child's general well-being including, but not
limited to, all decisions regarding her health, education and religion.
2. Mother and Father shall share physical custody of the child on the
following schedule:
a. Alternating 2/3/2 day schedule such that one parent shall have physical
custody of the child on Monday and Tuesday; the other parent shall have
physical custody of the child on Wednesday, Thursday and Friday; then the
first parent shall have physical custody on Saturday and Sunday. Said
schedule will alternate the following week, and continue alternating thereafter.
b. Each parent shall be entitled to one uninterrupted week in the summer
provided they give the other parent 30 days prior notice of exercising their
week.
c. Mother shall have physical custody of the child on Mother's Day; Father
shall have physical custody of the child on Father's Day,; both at times agreed
by the parties.
d. The Christmas holiday shall be divided into two blocks, which the parties
shall alternate. Block A shall be from 12:00 noon Christmas Eve until 12:00
Noon Christmas Day and Block B shall be from 12:00 Noon Christmas Day to
12:00 Noon December 26. Mother shall have Block A in odd numbered
years; Father shall have Block A in even numbered years. Mother shall have
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Block B in even numbered years and Father shall have Block B in odd
numbered years.
e. The parties shall share Thanksgiving with one parent having physical
custody of the child from 8:00 a.m. to 3:00 p.m. and the other parent having
the child from 3:00 p.m. to 8:00 p.m. Father shall have the 8:00 a.m. to 3:00
p.m. time in odd numbered years; Mother shall have the child 8:00 a.m. to
3:00 p.m. in even numbered years. Father shall have the 3:00 p.m. to 8:00
p.m. time in even numbered years; Mother shall have the 3:00 p.m. to 8:00
p.m. in odd numbered years.
f. The parties shall alternate the following holidays at times agreed by the
parties: Labor Day, Memorial Day and July 4. Mother shall have physical
custody of child on Labor Day, 2001.
3. The parties shall keep each other advised immediately relative to any
medical care or medical emergericies concerning the child and shall further take any
necessary steps to ensure that the health and well being of the child is protected. During
such illness or medical emergency, both parents shall have the right to visit the child as
often as he/she desires consistent with the proper medical care of the child.
4. Neither parent shall do or say anything nor let anyone in the child's
presence to say or do anything that may estrange the child from the other parent, injure
the opinion of the child as to the other parent or hamper the free and natural development
of the children's love and respect for the other parent.
4. Transportation shall be shared as agreed by the parties.
5. Both parents shall have an approved safety car seat and shall not transport
the child unless the child is securely seated therein.
6. 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.
cc: Timothy J. Colgan, Esquire, Counsel for Father
Judith A. Calkin, Esquire, Counsel for Mother A:.~'f.l <<'4
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Luther E. Milspaw, Jr., Esquire
Attorney ID No. PA 19226
130 State Street, P.O. Box 946
Harrisburg, P A 17108-0946
(717) 236-03141 FAX (717) 236-0791
Email: Luthermilsuaw(Q).mblawfirm.com
CHARLES W. McMILLEN,
Plaintiff
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
Docket No. 2001-4127 Civil Term
Defendant
CIVIL ACTION - LAW
IN CUSTODY
PAMELA J. McMILLEN,
PETITION FOR MODIFICATION OF CUSTODY ORDER
AND NOW comes CHARLES W. McMILLEN by and through his attorney, Luther E.
Milspaw, Jr., Esquire and files the following Petition for Modification of Custody Order and in
support thereof, avers as follows:
1. Plaintiff, CHARLES W. McMILLEN, resides at 312 Second Street, West
Fairview, Cumberland County, Pennsylvania, where he has resided since early
February 2006. He had previously resided at 322 Third Street, West Fairview,
Cumberland County, Pennsylvania since July 2000.
2. Defendant, PAMELA J. McMILLEN, currently resides at 314 Second Street,
West Fairview, Cumberland County, Pennsylvania, where she has resided for
approximately one (1) month. For the five (5) years prior to August 2006,
Defendant has lived at least four (4) different residences.
3. Plaintiff and Defendant are the natural parents of one minor child, SARA A.
McMILLEN, date of birth - March 13, 1999.
4. On or about September 10, 2001, this Court issued an Order upon consideration of
the Custody Conciliation Report dated September 4,2001, granting PAMELA J.
McMILLEN (hereinafter referred to as "Mother") and CHARLES W.
McMILLEN (hereinafter referred to as "Father") joint legal and physical custody
of SARA A. McMILLEN. A true and correct copy of said Order is attached
hereto, incorporated herein by reference and marked as Exhibit "A".
5. The Order specifically provided for an alternating 2/3/2 day schedule such that
one parent shall have physical custody of the child on Monday and Tuesday; the
other parent shall have physical custody of the child on Wednesday, Thursday and
Friday; then the first parent shall have physical custody on Saturday and Sunday.
Said schedule to alternate the following week, and continue alternating thereafter.
6. The alternating 2/3/2 day schedule for the child has had sever adverse
consequences for the child manifesting themselves primarily in her failing to pass
first (1 st) grade and thus, needing to repeat first (1 st) grade beginning with the
current school term.
7. During the alternate periods in which the child has been residing with Father, the
child has enjoyed a stable home environment.
8. During the alternate periods in which the child has been residing with Mother, the
has lived in multiple locations, the most recent of which the Mother was evicted
in early August 2006, resulting in the loss of virtually all of the personal
belongings of the child, with the exception of clothing.
9. Father believes and therefore avers, that Mother's current residence at 314 Second
Street, West Fairview, is itselftemporary and she will be moving to yet another
location in the near future.
10. Father is in a position to provide a stable home environment, including a primary
residence, for the child and therefore seeks modification of the current custody
order, which would grant him primary physical custody of the child with alternate
weekend visitations with Mother, at least one (1) week day evening visitation with
Mother, and a continuation of holiday and Summer vacation visitation as is set
forth in the current order.
11. Petitioner believes his requests for modification are in the best interest of the
child.
WHEREFORE, Petitioner, CHARLES W. McMILLEN, respectfully requests this
Honorable Court to enter an order in form and substance as is set forth on Exhibit "B" hereto.
(jspectMIY s
L~.
Attorney ID No.
130 State Street
P.O. Box 946
Harrisburg, P A 17108-0946
(717) 236-3141
Attorney for Charles W. McMillen
Dated: September 15, 2006
:/
SEP (j 4 200lfi'
CHARLES W. McMILLEN,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 2001-4127 CIVIL TERM
PAME~t\ J. McMILLEN,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
,f>
ArID NOW, this It; '" day of Jtfr..t;;;.....L..- ,2001, upon
consideration of the attached Custody Concilia . on Report, it is ordered and directed as
follows:
1. The Father, Charles W. McMillen and the Mother, Pamela 1. McMillen,
shall have shared legal custody of Sara A. McMillen, born March 13, 1999. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Child's general well-being including, but not
limited to, all decisions regarding her health, education and religion.
2. Mother and Father shall share physical custody of the child on the
following schedule:
a. Alternating 2/3/2 day schedule such that one parent shall have physical
custody of the child on Monday and Tuesday; the other parent shall have
physical custody of the child on Wednesday, Thursday and Friday; then the
first parent shall have physical custody on Saturday and Sunday. Said
schedule will alternate the following week, and continue alternating thereafter.
b. Each parent shall be entitled to one unintenupted week in the summer
provided they give, the other parent 30 days prior notice of exercising their
week. '
c. Mother shall have physical custody of the child on Mother's Day; Father
shall have physical custody of the child on Father's Day,; both at times agreed
by the parties.
d. The Christmas holiday shall be divided into two blocks, which the parties
shall alternate. Block A shall be from 12:00 noon Cluistmas Eve until 12:00
Noon Christmas Day and Block B shall be from 12:00 Noon Christmas Day to
12:00 Noon December 26. Mother shall have Block A in odd numbered
years; Father shall have Block A in even numbered years. Mother shall have
Exhibit" A"
..
Block B in even numbered years and Father shall have Block B in odd
numbered years.
e. The parties shall share Thanksgiving with one parent having physical
custody of the child from 8:00 a.m. to 3:00 p.m. and the other parent having
the child from 3:00 p.m. to 8:00 p.m. Father shall have the 8:00 a.m. to 3:00
p.m. time in odd numbered years; Mother shall have the child 8:00 a.m. to
3:00 p.m. in even numbered years. Father shall have the 3:00 p.m. to 8:00
p.m. time in even numbered years; Mother shall have the 3:00 p.m. to 8:00
p.m. in odd numbered years.
f. The parties shall alternate the following holidays at times agreed by the
parties: Labor Day, Memorial Day and July 4. Mother shall have physical
custody of child on Labor Day, 2001.
3. The parties shall keep each other advised immediately relative to any
medical care or medical emergencies concerning the child and shall further take any
necessary steps to ensure that the health and well being of the child is protected. During
such illness or medical emergency, both parents shall have the right to visit the child as
often as helshe desires consistent with the proper medical care of the child.
4. Neither parent shall do or say anything nor let anyone in the child's
presence to say or do anything that may estrange the child from the other parent, injure
the opinion of the child as to the other parent or hamper the free and natural development
of the children's love and respect for the other parent.
4. Transportation shall be shared as agreed by the parties.
S. Both parents shall have an approved safety car seat and shall not transport
the child unless the child is securely seated therein.
6. 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 COURT,
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cc: Timothy J. Colgan, Esquire, Counsel for Father
Judith A. Calkin, Esquire, Counsel for Mother
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CHARLES W. McMILLEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: 2001-4127 CIVIL TERM
PAMELA J. McMILLEN,
Defendant
: CML ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: None
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 CUSTODY OF
Sara A. McMillen
March 13, 1999 shMed
2. A Conciliation Conference was held in this matter on August 31, 2001,
with the following individuals in attendance: The Father, Charles W. McMillen, with his
counsel, Timothy J. Colgan, Esquire, and the Mother, Pamela J. McMillen, with her
counsel, Judith A. Calkin, Esquire.
3. The p~~s ~weed to entry of an Order in the form as attached.
9 -<1-01
Date
~.tL
cqu me M. Verney, Esquire
Custody Conciliator
CHARLES W. McMILLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
Docket No. 2001-4127 Civil Term
Defendant
CIVIL ACTION - LAW
IN CUSTODY
PAMELA J. McMILLEN,
ORDER OF COURT
AND NOW, this _ day of , 2006, upon consideration
of the foregoing Petition for Modification of Custody Order, it is ordered and directed as follows:
1. The Father, Charles W. McMillen and the Mother, Pamela J. McMillen, shall
have shared legal custody of Sara A. McMillen, born March 13, 1999. Each
parent shall have an equal right, to be exercised jointly with the other parent, to
make all major non-emergency decisions affecting the Child's general well-being
including, but not limited to, all decisions regarding her health, education and
religion.
2. Father shall have primary physical custody of the child.
3. Mother shall have temporary physical custody of the child every other weekend
from Friday after school until Sunday evening at 8:00 p.m.; and each Wednesday
from after school until 8:00 p.m.
4. Mother shall be entitled to one week visitation in the Summer provided she gives
Father thirty (30) days notice of exercising such week.
5. Mother shall have physical custody of the child on Mother's Day; Father shall
have physical custody of the child on Father's Day, both at times agreed by the
parties.
6. The Christmas holiday shall be divided into two (2) block, which the parties shall
alternate. Block A shall be from 12:00 noon Christmas Eve until 12:00 noon
Christmas Day and Block B shall be from 12:00 noon Christmas Day to 12:00
noon December 26. Mother shall have Block A in odd numbered years; Father
shall Block A in even numbered years. Mother shall have Block B in even
numbered years and Father shall have Block B in odd numbered years.
7. The parties shall share Thanksgiving with one parent having physical custody of
the child from 8:00 a.m., to 3:00 p.m., and the other parent having the child from
3:00 p.m., to 8:00 p.m. Father shall have the 8:00 a.m., to 3:00 p.m., time in odd
Exhibit "B"
numbered years; Mother shall have the child 8:00 a.m., to 3:00 p.m., in even
numbered years. Father shall have the 3:00 p.m., to 8:00 p.m., time in even
numbered years; Mother shall have the 3:00 p.m., to 8:00 p.m., time in odd
numbered years.
8. The parties shall alternate the following holidays at times agreed by the parties:
Labor Day, Memorial Day and July 4th. Mother shall have Memorial Day, 2007.
9. The parties shall keep each other advised immediately relative to any medical care
or medical emergencies concerning the child and shall further take any necessary
steps to ensure that the health and well being of the child is protected. During
such illness or medical emergency, both parents shall have the right to visit the
child as often as he/she desires consistent with the proper medical care of the
child.
10. Neither parent shall do or say anything nor let anyone in the child's presence say
or do anything that may estrange the child from the other parent, injure the
opinion of the child as to the other parent or hamper the free and natural
development of the children's love and respect for the other parent.
11. Transportation shall be shared as agreed by the parties.
12. 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 COURT:
J.
cc: Luther E. Milspaw, Jr. Esquire, Counsel for Father
Judith A. Calkin, Esquire, Counsel for Mother
VERIFICATION
I verify that the statements made in the above Petition for Modification of Custody Order
are true and correct. I understand that false statements made herein are made subject to the
penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities.
&-~
-B:-
Charles W. McMillen
Dated: September ~, 2006
CHARLES W. McMILLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
Docket No. 2001-4127 Civil Term
Defendant
CNIL ACTION - LAW
IN CUSTODY
PAMELA J. McMILLEN,
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the above Petition for Modification
upon all parties/counsel of record by depositing the same in the United States Mail, first class,
postage prepaid, at Harrisburg, Pennsylvania, on the 15th day of September, 2006, addressed as
follows:
Judith A. Calkin, Esquire
2201 North 2nd Street
Harrisburg, P A 17110
Pamela J. McMillen
314 Second Street
WestFairview,PA 17025
E. MILSP
Attorney ill No. 19226
130 State Street
P.O. Box 946
Harrisburg, PA 17108-0946
(717) 236-3141
Attorney for Charles W. McMillen
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CHARLES W. MCMILLEN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
01-4127 CIVIL ACTION LAW
PAMELA J. MCMILLEN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, September 25, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 26,2006 at 8:30 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 hearin2.
FOR THE COURT.
By: /s/
ac ueline M. Verne Es.
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
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OCT 30 LUUo
J..-I
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CHARLES W. McMILLEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2001-4127 CIVIL TERM
PAMELA J. McMILLEN,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of tJ ~ ,2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated September 10, 2001 is hereby vacated.
2. The Father, Charles W. McMillen and the Mother, Pamela J. McMillen,
shall have shared legal custody of Sara A. McMillen, born March 13, 1999. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Child's general well-being including, but not
limited to, all decisions regarding her health, education and religion. Pursuant to the
terms of23 Pa.C.S. S5309, each parent shall be entitled to all records and information
pertaining to the child including, but not limited to medical, dental, religious or school
records, the residence address of the child and 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. Both parents shall be
entitled to full participation in all educational and medical/treatment planning meetings
and evaluations with regard to the minor child. Each parent shall be entitled to full and
complete information from any physician, dentist, teacher or authority and copies of any
reports given to them as parents including, but not limited to: medical records, birth
certificates, school or educational attendance records or report cards. Additionally, each
parent shall be entitled to receive copies of any notices which come from school with
regard to school pictures, extracurricular activities, children's parties, musical
presentations, back-to-school nights, and the like.
3. Father shall have primary physical custody of the child.
4. Mother shall have periods of partial physical custody of the child on
alternating weekends from Friday after school until Sunday evening at 8:00 p.m.; and
each Wednesday from after school to 8:00 p.m.
"
5. Both parties shall be entitled to one uninterrupted week of physical
custody during the summer provided they give the other party thirty (30) days prior
notice of exercising such week.
6. Mother shall have physical custody of the child on Mother's Day; Father
shall have physical custody of the child on Father's Day; both at times agreed by the
parties.
7. The Christmas holiday shall be divided into two blocks, which the parties
shall alternate. Block A shall be from 12:00 noon Christmas Eve until 12:00 Noon
Christmas Day and Block B shall be from 12:00 Noon Christmas Day to 12:00 Noon
December 26. Mother shall have Block A in odd numbered years; Father shall have
Block A in even numbered years. Mother shall have Block B in even numbered years
and Father shall have Block B in odd numbered years.
8. The parties shall share Thanksgiving with one parent having physical
custody ofthe child from 8:00 a.m. to 3:00 p.m. and the other parent having the child
from 3:00 p.m. to 8:00 p.m. Father shall have the 8:00 a.m. to 3:00 p.m. time in odd
numbered years; Mother shall have the child 8:00 a.m. to 3:00 p.m. in even numbered
years. Father shall have the 3:00 p.m. to 8:00 p.m. time in even numbered years; Mother
shall have the 3:00 p.m. to 8:00 p.m. in odd numbered years.
9. The parties shall alternate the following holidays at times agreed by the
parties: Labor Day, Memorial Day and July 4. Mother shall have physical custody of
child on Memorial Day, 2007.
10. The parties shall keep each other advised immediately relative to any
medical care or medical emergencies concerning the child and shall further take any
necessary steps to ensure that the health and well being of the child is protected. During
such illness or medical emergency, both parents shall have the right to visit the child as
often as he/she desires consistent with the proper medical care of the child.
11. Neither parent shall do or say anything nor let anyone in the child's
presence to say or do anything that may estrange the child from the other parent, injure
the opinion of the child as to the other parent or hamper the free and natural development
of the children's love and respect for the other parent.
12. Transportation shall be shared as agreed by the parties.
13. This Order is entered pursuant to 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?ECOUR
'-
cc: Luther E. Milspaw, Jr., Esquire, Counsel for Father
Pamela J. McMillen, pro se
314 Second Street
West Fairview, PA
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OCT 30 LUUO
CHARLES W. McMILLEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: 2001-4127 CIVIL TERM
PAMELA J. McMILLEN,
Defendant
: CIVIL ACTION - LA W
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, P.J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
I. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH CURRENTL Y IN CUSTODY OF
Sara A. McMillen
March 13, 1999 shared
2. A Conciliation Conference was held in this matter on October 26, 2006,
with the following individuals in attendance: The Father, Charles W. McMillen, with his
counsel, Luther E. Milspaw, Jr. Esquire. Mother, Pamela J. McMillen, did not appear,
although she had notice of the conference.
3. The Honorable Edgar B. Bayley, President Judge, entered an Order of
Court dated September 10, 200 I providing for shared legal custody and shared physical
custody on a 2/3/2 day alternating schedule.
4.
Father requested an Order in the form as attached.
10 ~ 30 ~o~
Date
~/11,~~>
lac eline M. Verney, Esqmre
Custody Conciliator