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Home My WebLink About06-6206 DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 717-4433 DAN_REGAN@COMCAST.NET Donald R. Shields, II, Complainant ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CUSTODYNISIT A TION vs. Jessica A. Miller, Respondent No. tJL - I.... :J.('jL. e;.i.l~1 COMPLAINT FOR CUSTODY 1. Complainant is Donald R. Shields, II, the biological father of the child at issue. Mr. Shields resides at 92 Walmar Manor, Dillsburg, Pennsylvania 17019. 2. Respondent is Jessica A. Miller, the mother of the children at issue. Ms. Miller resides at 124 Tower Circle, Carlisle, Pennsylvania 17013-9628. 3. Mr. Shields seeks custody of: Name Present Address 124 Tower Circle Carlisle, Pennsylvania 4. The child was born out of wedlock. 5. The child is currently in the custody of Ms. Miller, who resides at 124 Tower Circle, Carlisle, Cumberland County, Pennsylvania. 6. During the past five years, the child has resided with the following persons at the following addresses: (List all persons) Jessica A. Miller Robert Miller Andrew Barrick Zacherie Cordell Arnold Age 9 D.O.B. 12/11/96 (List all addresses) 124 Tower Circle Carlisle, Pennsylvania (dates) 2001 - present Before 2001, the child resided with Ms. Miller at other addresses in the Carlisle area. The child presently resides at 124 Tower Circle, Carlisle, Pennsylvania. 7. The mother of the child is Jessica A. Miller, currently residing at 124 Tower Circle, Carlisle, Pennsylvania 17013-9628. She is married. 8. The father of the child is Donald R. Shields, II, currently residing at 92 Walmar Manor, Dillsburg, Pennsylvania 17019. He is married. 9. The relationship to the Complainant of the child is that of father. 10. Complainant currently resides with: Candi Saphore-Shields wife Mr. Shields has partial physical custody of another child: Skylier Shields (age 4). 11. The relationship to the Respondent of the children is that of mother. 12. Respondent resides with: Robert Miller husband Andrew Barrick son Zacherie Cordell Arnold son 13. Complainant has not participated as a party in other litigation concerning the custody of the child in this court. 14. Complainant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 15. Complainant does not know of a person, not a party to the proceedings, who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because Mr. Shields stands ready and able to provide Zacherie a healthful, nurturing and supportive environment consistent with Zacherie's stated preference and a 9 year old's need for attention, safety and constructive relationships with both parents. a. For the past six years, Ms. Miller has refused to allow Mr. Shields to see his son. Mother will occasionally allow Zacherie to visit his paternal grandfather and aunt, but if she suspects Mr. Shields will be there she will cancel the visit. Mother actively works to deprive Zacherie of having any relationship with Mr. Shields whatsoever. b. According to Mr. Shields' father and sister, other adults, and Zacherie himself: (1) Zacherie's wants to live with his father. (2) Zacherie's present home is dirty to the point of being unhealthy. Conditions in Zacherie's home have prompted several inquiries from Cumberland County Social Services for Children and Youth. (3) Zacherie's room, such as it is, is filled with clutter belonging to other members of his household. The volume of things stuffed into Zacherie's room reduces Zacherie to an afterthought and undermines his sense of self-worth. (4) Ms. Miller's attitude toward custody is driven more by economics than a genuine concern for Zacherie's welfare. Recently Ms. Miller stated that Mr. Shields would never see his son, and Mr. Shields was nothing more than a support check. This attitude suggests Ms. Miller is keeping Zacherie solely for the support income he represents. -2- c. Zacherie's mother is totally and permanently disabled, and she continues to suffer from grand mal seizures. While her disability is not, in itself, a basis for denying custody, it may very well be that the sad state of Zacherie's home surroundings is a direct result of Ms. Miller's inability to maintain a proper home for a 9 year old child. To the extent this is the case, Zacherie's home surroundings will remain seriously deficient as long as he lives with his mother. d. Despite her physical condition and susceptibility to grand mal seizures, Ms. Miller continues to drive and continues to drive with Zacherie in the car. She shows no appreciation for the safety threat she is imposing 17. 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, Complainant Donald R. Shields, II respectfully requests the Court grant him custody of the child at issue, Zacherie Cordell Arnold. Respectfully submitted, D~ Pa. Lie. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. :l~.s~~J~ Dated: October ~ 2006 -3- Donald R. Shields, II, Complainant ) IN THE COURT OF COMMON PLEAS ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CIVIL ACTION ) ) CUSTODYNISITATION ) ) No. vs. Jessica A. Miller, Respondent CERTIFICATE OF SERVICE I, Dan Regan, certify that I have this day served a true and correct copy of the foregoing document by certified mail, return receipt requested, and a true and correct copy of the foregoing document by first class mail, addressed as follows, upon: Jessica A. Miller 124 Tower Circle Carlisle, PA 17013-9628 ~ DAN REGA: Pa. Lie. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: October 25,2006 p f - ~ (i' 4 ~ ~ 7' f- - % ~ -.... ....... ~ . \) C>- ~ ~ ~ C! ~:;. ~:'<-;) \3:; '",'.':, . ~ ~ \~ :A~, ~ C' .-.-,\_. \ :,.....;. '\)'1. "J:) "j /)l' UI -~'-_" \)() ? ,::','1"". :-""- " )\ 6 S;. .' ~.~ i;", f'-' ~:'2 ...p DONALD R. SHIELDS, II PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-6206 CIVIL ACTION LAW JESSICA A. MILLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 31,2006 , 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 MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Monday, December 04, 2006 at 2:30 PM 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 pennanent 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 hearinf!. FOR THE COURT. By: Isl Melissa P. Greevy, Esq. Custody Conciliator {fll- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 ~ Jr.~ PfJ:'VI ~ ?O-/e.J/ . h t ~ 0J::0u, '?tne-// ~~ ?e , r"l -P;; ?tJ-Je)/ 410 ;t1 l,ld I Z !ION goaz I ...i\/l- ('1\:, 'i.i:! ";,-l :11-1l' :l 0 ^U'f_........l 'J......' l..,~'.~,' ,_,..... ...J. ~::)U:1C,~Q3lL:! Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6206 CIVIL TERM \/W\ CIVIL ACTION _ LAW DEe 1 12006\-," DONALD R. SHIELDS II, v. JESSICA A. MILLER, IN CUSTODY Defendant ORDER OF COURT AND NOW, this \ ,,\ tt, day of December, 2006, upon consideration of the attached Custody Conciliation Summary Report, Father's Complaint for Custody filed on October 25, 2006, at this docket number shall be consolidated with the docket at 98-893 and treated as a Petition for Modification of the February 17, 1998 Order of Judge Oler. Further pleadings in this matter shall be filed and docketed to 98-893. BY THE COURT: Dist: ~. a egan, Esquire, 1300 Market Street, Ste 1, Lemoyne, PA 17043 )fIne Adams, Esquire, 64 S. Pitt Street, Carlisle, PA 17013 2\1 :?, lid ill :)]09UOZ 1"'1/...,:'1. . I ,'J -'1" ..Jl-' f'JJV.t.!,)!.I~.,-i~,_<JU :lrti.....! 3~)j:~)~ICl '~(13l!j