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Home My WebLink About06-6644 ~ Catherine Miller, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY Shannon Miller, Morris Stone, Jr., Defendants ':NO.06- ~l:,qlf CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a custody order may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. . l CATHERINE MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY SHANNON MILLER, MORRIS STONE, JR., Defendants ; NO. 1)1,- {, l. 'I V CIVIL TERM COMPLAINT FOR CUSTODY The Plaintiff, Catherine Miller, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody: 1. The plaintiff is Catherine Miller, residing at 14 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The defendants are: a. Shannon Miller, residing at 609A Geneva Dr., Apt. 20, Mechanicsburg, Cumberland County, Pennsylvania 17055; and b. Morris Stone, Jr., residing at 375 Peach Glenn Rd., Gardners, Cumberland County, P A 17324. 3. Plaintiff seeks to effectuate a custody order transferring custody of minor child to maternal aunt, Kay Miller: Child's Name Eric Miller Present Residence 14 East Marble St. Mechanicsburg, P A 17055 Age 9 The child was born out of wedlock. The child is presently in the custody of Catherine Miller, who resides at 14 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. During the past five years the child has resided with the following persons at the following addresses: Persons Catherine Miller Address 14 East Marble St. Mechanicsburg, PA, 17055 Dates 2002 - Present Shannon Miller 609A Geneva Dr. Mechanicsburg, P A 17055 2001 - 2002 ~ . ' The mother of the child is Shannon Miller. She is single. The father of the child is Morris Stone, Jr. 4. The relationship of Plaintiff to the child is that of maternal grandmother. The Plaintiff currently resides with the following person: Name Eric Miller Relationship Grandson 5. The relationship of the Defendant Shannon Miller to the child is that of natural mother. 6. The relationship of the Defendant Morris Stone, Jr. to the child is that of father. 7. Plaintiff and Defendant Shannon Miller participated in a dependency action on behalf of the child, docketed at 2002 - 108. Dependency was terminated on May 22,2003, directing Plaintiff to be the Permanent Legal Custodian. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. 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. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the child's primary caretaker for most of the child's life; however, Plaintiff is terminally ill and physically unable to continue to care for the child. b. Defendant Shannon Miller is unable to adequately provide for the child's needs at this time. c. Defendant Morris Stone, Jr. has never been involved in the child's life. d. Maternal aunt, Kay Miller can provide the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; e. Maternal aunt, Kay Miller will allow contact between the child and the parties as appropriate. f. Maternal aunt, Kay Miller is willing to accept custody of the child. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant Kay Miller sole legal and physical custody of the child, with the other parties having periods of visitation as agreed upon by the parties. Respectfully submitted, Date:J.{o\l. 't-. t.Ofi.p ~ Certified Legal Intern ~~. THOM S~. PLACE/~ ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 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. ~ 4904 relating to unsworn falsification to authorities. (lotPWUM Pt--. 7Jil~ ~therine Miller ~ , l; (") c --i .-<.: ,,-..l C:7.J r~.;':) c.... o -0 -4 =7=-" rll f"'" ~.~~J __:.4 C=; 1." "-r, >1 1 ,~ r ) c.5 f'1l ....1 -~...... ~D .< C::,:- ~ C''l .." --:"_... N N Catherine Miller, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Shannon Miller, Morris Stone, Jr., Defendants : CIVIL ACTION - LA W : IN CUSTODY ; Noct.,-UC/'fIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Catherine Miller, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Vlov. 1,., ~tJ(P Respectfully submitted, ~ara Certified Legal Intern f/1~rt :C-lM Ik-Ufb< ROBE . RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON- WALSH MEGAN RIESMEYER Supervising Attorneys F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 i"'o-) = C) 11 -,1 FtifIJ 1:5 \::..,7:) <.::r'\ c.=' "'L;:::;- en (:.,~ v -_2 (~~~ ~,~ (r'l ~~ f'<) ,. .. . . . CATHERINE MILLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : IN CUSTODY SHANNON MILLER, MORRIS STONE, JR., Defendants : NO.O(,-l-/,I.fj CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this~ay of ~~ ,2006, between Catherine Miller, hereinafter Grandmother, and Shannon Miller, hereinafter Mother, and Morris Stone, Jr., hereinafter Father, concerns the custody of the child: Eric Miller, born September 9, 1996. Grandmother, Mother, and Father desire to enter into an agreement as to the custody of the child. Grandmother, Mother, and Father agree to the following. 1. Maternal aunt, Kay Miller, shall have sole legal custody of the child. 2. Maternal aunt, Kay Miller shall have primary physical custody of the child. 3. Grandmother, Mother, and Father shall have visitation with the child as agreed upon by the parties. 4. Mother, Aunt, and Father acknowledge that the Family Law Clinic represents only Grandmother's interest in this matter and has given them no legal advice other than that they should seek the advice of legal counsel. 5. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. '... . (!-Q~..pL.rrt~ -~~~ Catherine Miller, Plaintiff Shannon Miller, Defendant , s~ Certified Legal Intern 5 & 711a/LUf~lJf IL fit tf...fl.t1n1a:ai>f.(.';j r-Q. itness' address /7 ~.!/-.5 fi~ id>>~1/l ROBE . E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON- WALSH MEGAN RIESMEYER Counsel for Plaintiff F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 Fax (717)243-3639 AFFIDAVIT OF CONSENT TO ACCEPT CUSTODY I, Kay Miller, maternal aunt of the child, Eric Miller, born on September 9, 1996, hereby certify that I accept legal custody and primary physical custody of the child as per the attached Custody Agreement transferring legal custody and primary physical custody of the child to me. Date: /j. f. 0 b I HEREBY CERTIFY that on this 9!!' day of /JOtl. , 20Ob, before me, a Notary Public for the State of Tennessee, personally appeared KAY MILLER and acknowledged the foregoing Affidavit of Consent to Accept Custody as her act. My commission expires on: ( -/ & ~JOlq AS WITNESS my hand and Notorial Seal C) ~~ r'~') ~:::'''J C::-.J (~"'-" () -f1 -4 -r fi'j::D r- iT; C~) -~:.: en ::r;:,; ...r:- ~:j ;"~1;1 c~-{ :fj h" f':J <OJ) ,. .. .... NOV I7 m 11'1 '7 .. CATHERINE MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. SHANNON MILLER, MORRIS STONE, JR., Defendants : CIVIL ACTION - LAW : IN CUSTODY : NO.c::x.-'-{.l..[~ CIVIL TERM ORDER AND NOW, this ~JIt.... day of ~2006, as per the attached and signed Custody Agreement and the attached and signed Affidavit, the following terms are approved and entered as an Order of Court: 1. Maternal Aunt, Kay Miller, shall have sole legal custody of the child. 2. Maternal Aunt, Kay Miller, shall have primary physical custody of the child. 3. Catherine Miller, (Grandmother), Shannon Miller, (Mother), and Morris Stone, Jr., (Father), shall have visitation with the child as agreed upon by maternal Aunt, Grandmother, Mother, and Father. J. IJ-- (p-O(p e~ ~ :F/5 \i l\\~'\/ ptl/~:'~)\\ ~\rJ ~ I H'\ '-1.r~.." :...:, '-;:~ ;:"~.I w"'lf'\ /\..1-1'.\ "..' , . ,""1.1 iv 9 S :B W\f 9- J30 qnUl AtN10NOH.i.Cdd 3111 :10 3()\j:~o-..(En\:l