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HomeMy WebLinkAbout94-01891 ) J I J,I, . . ! , , , . :";j<-"\'f,1:};t'ff "'.'., ".' "'.., , '''"'' 9" "_\";~~7_"'1.: 't)J.~?trT!pi~~'zJt....,. ~ "'fl#! ,.:" ~. ~ . '<',\,'g;.::';:.'''' '~....~;~-,lt,,,:~~~~-~[t~~~:~~D4t..jCES" H:'D ~e, ,-" ~ '-,' ' ,-. ~ ,.-.- ""};k,',;~l "":) <'~>4.,vtrf~':" };"1YO..-'; ,ql \,,~, EL,.DUCA' ::,"":~~'q.,.,~:\.~:.j;:.,l-:_'~':;< ,~:,:.:\~{ .i,' '1J~;(~,;:j;~~~;~~f~~~~',. 'c,...;;Wi;::i~9~A~~. . "'" ~'~'-"~'.;>"'T' ,_. . -",."', ~ ',_. "'.~. ,"..,1;'-,<'.-:'-' . - ..:L_'~'-"':"i<' , ALISA J. MILLER . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL 1994 v. MICHAEL A. MILLER . . ;; 94-1WI IN CUSTODY ORDER OF COURT AND NOW, this f st^ day of 4p(,I, 1994, upon consideration of the attached complaYnt, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, the conciliator~ at 4th Floo;r L cumberland county Court House on the . ',==, I " day of YY',1:..'( , 1994, at ~:2,Of/. .M. for a Pre-Hearing custody Conference. At such conference, an effort will be made to resolve the issues in disputel 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. custod~ remain in t~laintiff ~ing further order of coufC"- ~7~ By: FOR THE ,~. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 717-240-6200 4rR IS 2 36 PH '9~ , '( .!iflCl OF'r:t'i" ijirl(lH::r,\fty CUH6fh},lW C0U~TY PENNsn YMIIA ." ~.., ~ . - .. . - t,~ ~ , ALISA J. MILLER :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA :: No.7'11lY91 CIVIL 1993 v. MICHAEL A. MILLER . . . . . . . . IN CUSTODY COMPLAINT POR CUSTODY 1. The plaintiff is Alisa J. Miller, who resides at 321 North Pitt street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Michael A. Miller, who resides at 82 Walmor Manor, Dillsburg, Pennsylvania, 17019. 3. Plaintiff seeks custody of the following child: Brittany Ann Miller, born November 23, 1990. The child was not born out of wedlock. The child is presently in the custody of plaintiff. During the last five years, the child has resided with father and mother at 82 Walmor Manor, Dillsburg, PA. The mother of the child is Alisa J. Miller currently residing at the above address. She is married. The father of the child is currently residing at the above address. He is married. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Amelia Strohecker. ')~ii, court. .., ... , 5. The relationship of defendant to the child is that of rather. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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 child will be served by granting the relief requested because the child should have a close and continuing relationship with mother. 8. Each parent whose parental rights to the child have not terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant primary and or shared custody of the child. '2 } '~ r--- ';UA.V? .-A'tI~/ ~~ ~nces H. Del Duca Attorney for Plaintiff ',... . ... I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 10 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: ~9/9'/ ru.~ b ffi&~~o ",-" "TI" en - (i "B..V) ~ 8 ~v) ~ @ :c C- l/'l ...... ("I') >-,.. .1:._. ~J~";'~:! Co> ;.r: ..~. 0'- ,~(:~.....: 'L..':~;~ -;' r~ .' ~: .,-::. :. ...., c: .... -= ...,;.... '-' . ...., ... ";',,,,_~,,,,'FI\..~.: . ..\<0-7"""""'_" ,., ( "l o I/) ~ ~ (() ..9 rI) r<) C r- (>0 ":Q ~ - :t1 ~ , I" , t , '. . . f; !;;i~\;:;; ~;': . r[ :':;;:~~^~tjf~t:~t~~~~;~;;~~tf}~~,~~!l!: . .," ,--' . ~ . ~;~\\~7f!;:Jf:r" '~""', l' :';:'.~<~ ':";::\'}"''''~'''';'l'-;~~'\:"''~~J'~J''\i!l ,;,'" '":," ~"~ ~ ~~ ';: , . ,;'i:jl~~ ' ; ::;~,~, ~'~>ib;~IF"'RA"~' ;t~CE8"~H'''E~D'~}':~D'U' "CA~ '-'7 "'- . ':'-'~,';-\i#.L,,",,:,-.- :;'J.-''rlJ.''~~:.'''.r _:-ff",-tf." ."rc -~.~ &a.;;; "'< '" '\~~':'_;';':.~~'~Y:'.~!~W;:~.'j~~~{~~~-i:~-~'J:;~c;~~- "t_',~" ,"~~'AiT~R~1EY AT_~~ ~ \ "':, . __ .:,.... ;';...: ' TI,N "'(leT HIGH 8TIlIllT . ',.,...' \.'..,~'.' ;,.,. " 'CARUS.ur...PlfolN~YLVANIA . '. "j . "'e,.::I::';'I'iola~.::; , ,. .,:..:..~.;;!c~>-C':_T-=--_.;-'-,>~ .'"",':'C,;. '::<, "'. " , APRi6.~ ALISA J. MILLER . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1891 CIVIL IN CUSTODY v. . . . . . . . . . . . . MICHAEL A. MILLER . . . . ORDBR MID HOW, this 2.'" day of +.../ 1994, upon agreement of the parties, it is hereby ordered that the parties have joint legal custody of the child, Brittany A. Miller, born November 23, 1990, with primary physical custody in the mother, Alisa J. Miller and with partial physical custody in the father Michael A. Miller every other weekend from Friday after work until Sunday, but no later than 9:00 p.m.; one week a month during June, July and August; one night during the week until child begins kindergarten; holidays to be split and such other times as the parties may agree. Neither party shall take child out of state for vacation unless the other agrees. BY THE COURT, ,4/L- J. j ;-':1/;.'". "1.1 'i.-- ,j' V-,"I' ..(!t'f',."....J 0":,,, . '! .. J.\o!-u ." ~ iJ ,'1:"iJO '1 '.':i M. ~r Of 6 LZ I/:1V ''-'" 110"';"' do: ' . " '. v. :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA :: NO. 94-1891 CIVIL ALISA J. MILLER MICHAEL A. MILLER . . . . . . . . IN CUSTODY STIPULATION 1. Alisa J. Miller is the natural mother of Brittany Ann Miller. 2. Michael A. Miller is the natural father of Brittany Ann Miller. 3. The parties agree that they shall have joint legal custody of the child. 4. The parties agree that the mother shall have primary physical custody of the child. 5. The parties agree that father shall have partial physical custody as follows: 1) every other weekend from Friday after work until Sunday, but no later than 9:00 p.m.: 2) one week a month during June, July and August: 3) one night during the week until child begins kindergarten: 4) holidays shall be split between parties: 5) such other times as the parties may agree: and 6) neither party shall take child out of state for vacation unless the other agrees. Q C'3i.,;"Y.~ \I\~<..e. Alisa J. Miller r91hL-' J~///~/{."- t-' -_~ { ~..-d~ -"-'//. "...,~~,2- ~--/' Michael A. Miller a/~'/ "2 " /'7./ MAY 1 6 1\D4.,j.o- ~ ALISA J. MILLBR, Plaintiff v :IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA : :NO. 1891 - CIVIL - 1994 : : :CIVIL ACTION - CUSTODY COURT ORDER MICHAEL A. MILLER, Defendant ,,'" AND NOW, this /1 day of HA '7 , 1994, the Conciliator being advised that the parties have reached an agreement in this case, the Conciliator relinquishes jurisdiction. Hubert x. Gilroy, Es Custody Conciliator ~ ...., ,,', -- ":2" CM >-... - ~.... ~ ......... '" .. .' '-' lI'I , . .... .~ 2 "'- .. >- , ~ :..-. ~ ALlSA J, MILLER PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY. PENNSYLVANIA v, 94-1891 CIVIL ACI'lON LAW MICHAEL A. MILLER DEFENDANT IN CUSTODY ORDElt OF COURT AND NOW, Thursday, August OS, 2004 . upon consideration of the attached Complaint, it is hereby dirccted that parties and their respectivc counsel appear before Hubert X. Gilroy, Esq. . the conciliator. at 4th Floor, Cumberland County Courlhouse, Carlisle on Friday, September 03, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such confcrcpcc. an clTort 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 tbe court, and to enter into a temporary order. All children aile five or older may also be present at the conferencc, Failure to appear at the conference may provide grounds for entry of a temporary or penn anent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special RelicI' orders, and Custody orders to the conciliator 48 hours prior to scheduled hearlnll. FOR THE COURT. By: Isl Hilbert X. Gilroy, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with thc Americans with Disabilitcs Act of 1990, For infommtion about accessiblc facilities and reasonable accommodatIons availablc to disabled individuals having business bcforc 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 allend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A1TORNEY AT ONCE. IF YOU DO NOT HAVE AN A TIORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET I.EGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 RLED--O;HCE 0-1u!: F':I'",TP"'! '."T'nv r ri\... "'_."'....',.~ ~"I 200~ f,US -5 P:\ II: 0 G CI" r '-1-': IOITY .J'" .' .,,,' '! .;v;'t ....'..~'... .. - ..- ~... !...".L'I"" Jr-..:,,'. ";"J":'\ .......,...... " ." 'tS'.t)tf ttd.C~~~q 11e/~ -t 5'tPY ~ ~.-fk,- Z ~. ~5l'/f" ~~..:...... #-~~ ~. . "~ij;~~J1;&~~~~;,;~j(~~ra'L~'.',':'\\:~:iZj:.:.:~ ~. r;;RANCE8!:;!. ,DEL: DUCA:"c . K~i~:f~jre~~~'~f.~W;;:~;.)~t.~j^"Ii' ;{.. '.~,~,"~/.lc.~~~;;,,,,,,,,,'. R.!-.!~~~~~YL:\I~NIA,'J .~~:~~~ti.t;:~1~~};~~~lh~~:~1~W1~}\::.:'.-" v. :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA :: NO. 94-1891 CIVIL TERM \f ALl SA J. MILLER MICHAEL A. MILLER .. .. IN CUSTODY ORDER OF COURT AND NOW, this day of , 2004, upon consideration of the attaehed complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , 2004, at .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 pennanent order. FOR THE COURT, By Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 717-249.3166 MICHAEL A. MILLER IN CUSTODY v. :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA .. NO. 94-1891 CIVIL 1994 ALISA J. MILLER COMPLAINT FOR CUSTODY I. The Plaintiff is Alisa J. Miller, who resides at 3670 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Michael A. Miller, who resides at 39 Donna Jane Court, Apt. 0205, Harrisburg, Dauphin County, Pennsylvania, 17109. 3. Plaintiff seeks custody of Cody W. Miller, born March 26, 1995. The child was not born out of wedlock. The child is presently in the custody of plaintiff who resides at the above address. The child has lived with the plaintiff since the father and mother separated in June 2001. The mother of the child is Alisa J. Miller currently residing at the above address. She and defendant divorced October 9, 2002. Plaintiff is single. The father of the child is Michael A. Miller who currently resides at the above address. He is married. The parties are also the parents of Brittany A. Miller born November 23, 1990 and a court order dated April 26, 1994, awarded primary physical custody to the plaintiff. 4. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no infonnation 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 of visitation rights with respect to the child. S. The best interest and pennanent welfare of the child will be served by granting the relief requested because the child needs consistency and stability in his home and school. 6. Each parent whose parental rights to the child have not been tenninated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant physical custody of Cody W. Miller and Brittany A. Miller to her and partial custody to the defendant. ~rfll3lt&~; ~ ranees H. DelDuca 116269 Attorney for Plaintiff 10 West High St. Carlisle, PA 17013 Dated: July 23, 2004 Dated: ;A.!3/{} Y -?ll..,((r,;,"J, 7Yk~,- ~/d.!1/o'l . . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 10 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. "- N g .(r' ('J , i';l: I::: ~ LUri '" \"'" t.~r.:. .;",:: .. -.> I' ..... t=.!-: ~ .... ~)(.1 i ."., Oi:: \D "i ... LLltJ- ('-! -. i:...;tp -".. ~ ~ ::J t= ., ~ "- -.... 0 If':-:'l "'-' , .... C' . . ALISA J. MILLER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERl.AND COUNTY, PENNSYLVANIA v. 94-1891 CIVIl. ACI'ION LAW MICHAEL A. MILLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, AUllustll, 2004 . upon considcration of the allached Complaint, it is hercby directed that parties and their respeclive counsel appear before Hubert X. Gilroy, Esq. , the conciliator. al 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, AURust 19, 2004 at 10:30 AM for a Prc-Hcaring Cuslody Confcrcnce. At such confcrcnce. an effort will bc made to resolve the issues in dispute; or if this cannol be accomplished, to define and narrow thc issucs 10 be heard by the court, and to enter into a temporary order. All children aile five or oldcr may also bc prcsent at the confcrcnce, Failure to appear at the conference may providc grounds for entry of a temporary or permancnt ordcr. 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 hearlnR. FOR THE COURT. By: 151 Hilbert X. Gilray, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law 10 comply with the Americans with Disabilitcs Act of 1990. For information aboul accessible facilities and reasonable accommodations available to disabled individuals having business before Ihe 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 allend the scheduled conference or hcaring. YOU SHOULD TAKE THIS PAPER TO YOURA'ITORNEY AT ONCE. IF YOU DO NOT HAVE AN A'ITORNEY OR CANNOT AFFORD ONE. GO TO OR TEl.EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET l.EGAl. (mu'. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 :: f:i:_(;.:;..,>'- r-~ I' ,_"'';,I~~ ...i I '''~ v, i:f" I.. '-':~}'I""T'- ... .,.... .: ' , . < '. ~ ~ ?ne,I. ",., I LI.1\,.''1 IF "J I /.:;" ,... - II J: J2 (:, . ~ ~ -".' r,o ,- I" inl ,,'0-"\ i i ", ,J ....1 1!./(-t:W' &vf- ~~_ ~ ?J 4 ~ ~-;I.t:JY' 71~ ~ ;? ~, ~~ f/hPr ~ ~ ~ 7I-.>IJ/~ # . :f: If AUG 0 9 2004 LA W OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney J.D. No. 71873 1017 North Front Street Harrisburg, P A 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Michael A. Miller ALISA J. MILLER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 1994- 1891 Civil Tenn MICHAEL A. MILLER, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2004, upon presentation and consideration of the within Petition for Emergency Relief, it is hereby ORDERED that primary physical custody of the minor child, Cody W. Miller, born March 26, 1995, shall be in the Petitioner, Michael A. Miller, and primary physical custody of the minor child, Brittany A. Miller, born November 23, 1990, shall be in the Respondent, Alisa J. Miller. It is further ORDERED that .' .~, .~.'- the parties shaH enjoy partial custody of their children on alternating weekends. AH other aspects of the Custody arrangements are hereby assigned to the Custody Conciliator, OR. IN THE ALTERNATIVE: Upon presentation and consideration of the within Petition for Emergency Relief, it is hereby ORDERED that a Custody Conciliation Conference shaH occur prior to August 30, 2004, at which time the minor child, Cody W. Miller, born March 26, 1995, shall attend said Conciliation Conference. BY THE COURT: J. DISTRIBUTION: Diane M. Dils, Esquire, 1017 North Front Street, Harrisburg, P A 17102 Frances H. Del Duca, Esquire, 10 West High Street, Carlisle, PA 17013 '""~f'O LA W OFFICES OF DlLS & DlLS DIANE M. DlLS, ESQUIRE Attorney I.D. No. 71873 1017 North Front Street Harrisburg, P A 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Michael A. Miller ALISA J. MILLER, Plainti fflRcspondcnt IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 1994-1891 Civil Tcrm MICHAEL A. MILLER, Dcfcndant/Pctitioncr CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, this 5th day of August 2004, comes your Petitioner, Michael A. Miller, by his attorney, Diane M. Dils, Esquire, and respectfully requests the following: 1. Your Petitioner is Michael A. Miller, the Defendant above-named, an adult individual 38 years of age, who currently resides at 3900 Donna Jane Court, Apt. D-205, Harrisburg, Dauphin County, Pennsylvania 17109, and is represented by Diane M. Dils. Esquire, whose officc is located at 1017 North Front Strcet, Harrisburg, Pennsylvania 17102. 2. The Rcspondcnt is Alisa J. Millcr, the Plaintiff above-namcd, whose is age 36 ycars and currently resides at 3670 Spring Road, Carlisle, Cumberland r."- County, Pennsylvania 17013, and is represented by Frances H. Del Duca, Esquire, whose office is located at lOWest High Street, Carlisle, Pennsylvania 17013. 3. Your Petitioner and the Respondent were previously husband and wife and as a result of the marriage, one child was born; namely: Cody W. Miller, born March 26, 1995. Your Petitioner and the Respondent are also the parents of a minor child, Brittany A. Miller, born November 23, 1990, prior to the parties' marriage. 4. Since the parties separated in the year 2000, your Petitioner and the Respondent have amicably worked out custody of their minor children between themselves. 5. There is a prior Order of Court concerning custody of the minor child, Brittany A. Miller, dated April 26, 1994; however, after the parties separated, the minor child, Brittany A. Miller, resided in the pnmary physical custody of your Petitioner, Michael A. Miller, at times. 6. On July 23, 2004, your Petitioner and the Respondent, along with the minor child. Cody W. Miller, discussed the child's request to reside in the primary physical custody of your Petitioner, Michael A. Miller. 7. On July 23, 2004, the Respondent agreed that the minor child, Cody W. Mi1\er, may reside with his father, fu1\ time and may attend the Central 2 Dauphin School District, Northside Elementary School, and may be enrolled in the Lower Paxton Township Football Association. 8. On July 23, 2004, the Respondent, Alisa J. Miller, provided copies of the child's Social Security card and Certificate of Baptism to your Petitioner for the purpose of enrolling the child in school, as well as the Lower Paxton Township Football Association. 9. The minor child and your Petitioner relied upon the agreement reached with the Respondent, Alisa J. Miller. 10. The minor child, Cody W. Miller, has been enrolled in the Lower Paxton Township Football Association and has commenced football practice. II. The minor child, Cody W. Miller, has expressed his excitement to reside with his father, Michael A. Miller. 12. The minor child, Cody W. Miller, has started practice with the Lower Paxton Township Football Association with the intent to play football in the 2004 season. 13. After the Respondent pennitted the minor child, Cody W. Miller, to reside with his father, Michael A. Miller, she filed a Complaint for Custody docketed to the above tenn and number on July 26, 2004. 3 14. Your Petitioner and the minor child were unaware that the Respondent had filed said action. IS. The Respondent has requested, through her Complaint, physical custody of both children with only partial custody in your Petitioner. 16. Your Petitioner believes that it is in the best interest of his son, Cody W. Miller that he be permitted to reside with his father as agreed upon by the Respondent. 17. Your Petitioner resides with his wife, Trina Miller, and her 7-year-old son, Jonathan in a two bedroom apartment. The boys will share bunk beds. The minor child, Cody W. Miller, along with your Petitioner, his wife, and her son, have already been shopping for bunk beds for the accommodation of the change in primary physical custody. 18. The minor child, Cody W. Miller, will attend the Northside Elementary School. School commences on August 30, 2004. The minor child will be picked up by a school bus at 8:20 a.m. and is returned to the home of your Petitioner at 4:00 p.m. 19. Your Petitioner and the Respondent have even worked out the partial custody rights where the minor children, Cody W. Miller and Brittany A. Miller, will be with each other every weekend, alternating between the 4 ,. -',~ . .........- homes of your Petitioner and the Respondent. The parties will continue to share alternate holidays and share Christmas. 20. The Respondent, Alisa J. Miller, resides with her live-in boyfriend, his two daughters, and the parties' daughter, Brittany A. Miller. 21. Ot:' July 23, 2004, the parties discussed and agreed that Brittany A. Miller would continue to reside with her mother as she desired. 22. A copy of this Petition for Emergency Relief has been fOlwarded to Attorney Frances H. Del Duca by facsimile on August 5, 2004. See copy of letter attached hereto and marked Exhibit "A". WHEREFORE, your Petitioner, Michael A. Miller, respectfully prays your Honorable Court to Order primary physical custody of the minor child, Cody W. Miller, born March 26, 1995, in your Petitioner, Michael A. Miller, and to penn it the minor child to commence school on August 30, 2004, in the Central Dauphin School District, as the parties had agreed on July 23, 2004. Respectfully submitted, B Diane M. Dils, squire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 J.D. No. 71873 5 EXHIBIT "A" . . . " 0~, de 0~ ATTORNEYS AT LAW 1017 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102 PHONE: (717) 233,8743 FAX; (717) 233.2567 ARTHUR K, OILS DIANE M. OILS August 5, 2004 Via facsimile and mail- 258-4940 Frances H. Del Duca, Esquire 10 West High Street Carlisle, P A 17013 RE: Alisa J. Miller vs. Michael A. Miller Docket No. 1994-1891 Civil Term Dear Attorney Del Duca: I represent Michael A. Miller. Enclosed is the original Acceptance of Service of the Complaint for Custody which you requested Mr. Miller to sign and return to you. Also, enclosed is a Petition for Emergency Relief which I intend to file with the Court on Friday, August 6, 2004. Very truly yours, Diane M. Dils DMD/daf Enclosures , ._~ VERI FICA TION I verify that the statements made in this Petition for Emergency Relief are true and correct. 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. ~A~r~Ek Date: August 5. 2004 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Petition for Special Relief has been served upon the folIowing individual by facsimile and first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the 5lh day of August 2004, addressed as folIows: Frances H. Del Duca, Esquire 10 West High Street Carlisle, PA 17013 RespectfulIy submitted, BY V Diane M. Dils, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 J.D. No. 71873 Date: August 5, 2004 6 '" r::. Q. 1 ~. 0 (.: ~~ \.{i c- I 8 ~ 0 " uJ~ ; ~ :::r l~' f~:' ' I' .-.,;; 0 . " C",icl 0 0" : "" . ~ '=b\"- p'~ I ~ U:l:J < 'J ~ ;I: :.~ -'; <() t-. ...:~ ~ .~ ,. .' u_ .::~ ) U ..") U ,... , '. J SEP 1 0 20lJ.4 "W ALlSA .J. MILLEI{, l'lainliff IN TilE COURT OF COMMON PLEAS OF CUMDERLANI> COUNTY, PENNSYLVANIA CIVIL ACTION - LAW \' MICHAEL A. MILLER, l>efencJanl NO. 1994-1891 IN CUSTOI)Y COURT ORDER (./ ..1jJt17,r!u'V AND NOW, this /.3 'I day Of<\~lIr<t, 2004, upon consideration of the attached Custody Conciliation report, It Is ordered and directed as follows: 1. A hearing Is scheduled in Court Room No.4, at the Cumberland County Courthouse on the 91/j day of Ii.""..;!/\., 2004. 'i: ::;( I tUN, . At this hearing, the father shall be the moving the party and shall procccd initially with testimony. Counsel for the parties shall file nith the court and opposing counsel memorandum setting forth the history of custody in this case, the issues currently before the court, a list of witnesses who will be called to testify on the behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least 5 days prior to the mentioned hearing date. 2. Pending further order of this court, this court's prior order of April 26, 1994 shall remain In place subject to the addition of Cody W. Miller, born March 26, 1995, to the order with custody of Cody to be handled consistent with the order and consistent with the arrangement betwccn the parties over the past few years. BY THE COURT, ~ cc~nces H. Del Duca, Esquire vl'fiine M. Dlls, Esquire :> , o 9 - /3 - () / ALISA .J. MILLER. I'hlintiff IN THE COURT 0... COMMON I'LEAS OF CUMBERLANU COUNTY, I'ENNSYLV ANIA \' CIVIL ACTION - LAW MICHAEL A. MILLER, Uefendant NO. 1994-1891 IN CUSTOUY Prior Judge: Judge Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent Infonnatlon pertaining to the chlldren'chlld who are the subject of this litigation Is as follows: Brlttna)' A. Miller, born April 26, 1994 and Cod)' W. Miller, born March 26, 1995. 2. A Conciliation Conference was held on August 19, 2004, with the following Individuals In attendance: The mother, Ailsa J. Miller, with her attorne~' Frances H. DelDuca and the father, Michael A. Miller, with his counsel Diane M. Dils. 3. There was an existing order from April of 1994 which granted the mother primary physical custody of Brittany. Cody was born since that time, and both children have generall)' remained In the primal)' custod)' of the mother. Mother Initiated a custody action In this case In an attempt to conlinn that she had primary custody of Cody In addition to Brittany. Father understood that he had an agreement with mother that custody of Cody would be delivered to father and father went ahead and enrolled Cody Into a football program In the Central Dauphin School District. Cody Is going Into third grade. Father then filed a petition for a special relief seeking an order giving him custody of Cody pending a hearing after mother, in father's view, reneged on her agreement to transfer custody of Cody to father. Mother suggests that she ne\'er agreed that father would ha\'e primary clL~tody and that she only agreed that Cod~' could pIa)' some football In the Central Dauphin School District. r"l nll.-~t,.., ..;r: TI-',~-.:"L:-"',"t- I~ Fi~/";;1 " ':'f: ~. !,l"" \... 2/10t, S!;'~ . < "/,4t:;y Cu: ..., I J 1-// ::J: 1'6 "',,:~ . . . ,.,.. ",' :....,,'i\.j'\..~I.. '...;)' /.\MJ' .. , ~f~': '\' :}~"""/ r ... it .. . .'... . .,~. Lo__.....,-,.,""'.;.. ",'J::<", , -,'+~-p ..... ..-.,... -........... 4. The parties are generally at odds on what the custodial arrangements should be with respect to Cody. The father suggests he acknowledges that Brittany should stay with the mother at this point. A hearing Is required. The status OVl!r the past few years Is with mother having primary physical custod)' of both children and the Conciliator Is not slgnIDcantly Impressed with the football Issue especially In light of the fact that this young boy Is only going Into third grade. There may be a sincere desire on the young boy's part to live with the father, but that would need to be presented to a judge for the court to consider that Issue and any other Issues the parties would need to bring to the courts attention. The Conciliator recommends that the status quo remains In place and recommends an order In the fonn as attached. fir u(1J )f tlJ-'t DATE v. MICHAEL A. MILLER IN CUSTODY ORDER OF COURT AND NOW, this '2. ? day of December, 2004, upon considemtion of the attached Stipulation of the parties, it is hereby ORDERED that primary physical custody of the minor child, Cody W. Miller, born March 26, 1995, shaH be in the petitioner, Mother, Alica J. Miller and primary physical custody of the minor child, Brittany A. Miller, born November 23, 1990, shaH continue in the petitioner, Alisa J. Miller. It is further ORDERED that the respondent father, Michael A. Miller, shall enjoy partial custody alternating weekends and at other times and circumstances set forth in the attached Stipulation. /' BY THE COURT, ~ . .' ALISA J. MILLER :: IN TIlE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY , PENNSYLVANIA :: NO. 94-1891 CIVIL TERM v. MICHAEL A. MILLER IN CUSTODY STIPULATION I. The parties will share legal custody of their minor children, Brittany and Cody. 2. Primary physical custody of the minor children shall be in Alisa J. Miller, Mother. 3. Father, Michael A. Miller, shall enjoy partial custody rights at the following times: a) Every other weekend from Friday at 6:00 p.m. until Sunday at 8:00 p.m.; b) Every Wednesday from after school, Father will pick Cody up at school no later than 3:30 p.m. until 8:00 p.m. Father would also pick Brittany up from school for this weekday visit, if she desired. Father to return children; c) Alternating holidays to include Easter, Memorial Day, July 4th, Labor Day and Thanksgiving with the holiday period commencing the evening before the holiday until the day of the holiday at 8:00 p.m. Mother had Labor Day this year and therefore, Father would have Thanksgiving; d) Christmas to be shared in segments: Segment A would run from 12/24 at 4:00 p.m. and Segmcnt B would run from 12'25 at 4:00 p.m. until 12/26 at 4:00 p.m. Mother would enjoy Segment A in the even numbered years and Father would enjoy Segment B. Father would enjoy Segment A in odd numbered years and mother would enjoy Segment. B; e) Father's Day with Father and Mother's Day with Mother; f) Father and Mother to have custody of the children during the summer as follows: f-I) Beginning one week after close of school Father to have custody; f-2) Mother to have custody every Wednesday; f-3) Mother to have custody every other weekend for a four (4) day weekend which would be one long weekend in June, two long weekends in July and one long weekend in August; f-4) Mother to have a vacation period of seven (7) consecutive days with two weeks notice; f-5) Father to have a vacation period of seven (7) consecutive days with two weeks notice; f-6) Children to be returned to Mother one week before the beginning ofschool which would be August 19 for 2005; f-7) The parties will share tmnsportation except for Wednesdays in the summer when Mother is working. Mother will have Steve pick up the children for her evening visit; f-8) Cody may play football as long as the Lower Paxton Township Football Association allows him to play while he attends school in a different school district. Mother would need a schedule of pmctices and games. Further, Father will pick up Cody at the house for pmctice on Tuesday and Thursday and at school on Wednesday. Mother will pick Cody up after pmclice on Tuesday and Thursday. Father will return Cody 10 Mother on Wednesday. Cody may miss some games when he is on a . . '. will return Cody to Mother on Wednesday. Cody may miss some games when he is on a vacation camping trip with his Mother. Participation in the football program is subject to Cody being able to keep up his schoolwork. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date above written. O~~' -1YI~ Alisa J. ler (SEAL) ..7'/~d ~";(SEAL) Michael A. Miller Dated: December;U, 2004 . 3 -a - u C':J- :if) ~C)~ ;,:::, (':; , ;; ~ ~; ,.-', ~: . ~ ~ ~ ,:.c u ~~ ct. q.J 1', ~~ ',J ~ ~ -- Ii, ,,' , ' ~'lJ .. ALISA J. MILLER Vo MICHAEL A. MILLER :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA :: NO. 94-1891 CIVIL TERM :: :: IN CUSTODY STIPULATION Cody. 2. Mother. 3. 1. The parties will share legal custody of their minor children, Brittany and Primary physical custody of the minor children shall be in Alisa J. Miller, Father, Michael A. Miller, shall enjoy partial custody rights at the following times: a) p.m.; Every other weekend from Friday at 6:00 p.m. until Sunday at 8:00 b) Every Wednesday from after school, Father will pick Cody up at school no later than 3:30 p.m. until 8:00 p.m. Father would also pick Brittany up from school for this weekday visit, if she desired. Father to return children; c) Alternating holidays to include Easter, Memorial Day, July 4th, Labor Day and Thanksgiving with the holiday period comme, ncing the evening before the holiday until the day of the holiday at 8:00 p.m. Mother had Labor Day this year and therefore, Father would have Thanksgiving; d) Christmas to be shared in segments: Segment A would run from 12/24 at 4:00 p.m. and Segment B would run from 12/25 at 4:00 p.m. until 12/26 at 4:00 p.m. Mother would enjoy Segment A in the even numbered years and Father would enjoy Segment B. Father would enjoy Segment A in odd numbered years and mother would enjoy Segment. B; e) f) summer as follows: custody; Father's Day with Father and Mother's Day with Mother; Father and Mother to have custody of the children during the f-l) Beginning one week after close of school Father to have f-2) Mother to have custody every Wednesday; f-3) Mother to have custody every other weekend for a four (4) day weekend which would be one long weekend in June, two long weekends in July and one long weekend in August; f-4) Mother to have a vacation period of seven (7) consecutive days with two weeks notice; f-5) Father to have a vacation period of seven (7) consecutive days with two weeks notice; f-6) Children to be retumed to Mother one week before the beginning of school which would be August 19 for 2005; f-7) The parties will share transportation except for Wednesdays in the summer when Mother is working. Mother will have Steve pick up the children for her evening visit; f-8) Cody may play football as long as the Lower Paxton Township Football Association allows him to play while he, attends school in a different school district. Mother would need a schedule of practices and games. Further, Father will pick up Cody at the house for practice on Tuesday and Thursday and at school on Wednesday. Mother will pick Cody up after practice on Tuesday and Thursday. Father will return Cody to Mother on Wednesday. Cody may miss some games when he is on a will return Cody to Mother on Wednesday. Cody may miss some games when he is on a vacation camping trip with his Mother. Participation in the football program is subject to Cody being able to keep up his schoolwork. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date above written. .Fr~.es H. Del Duca, Esquire (,._..,4pbiane M. D~, Esqui;e 1017 North Front St. Harrisburg, PA 17102 Attorney I.D. 71873 Alisa J. 1V~ler (SEAL) Michael A. Miller Dated: Decembeg,~/, 2004 ALISA J. MILLER " oo MICHAEL A. MILLER " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1891 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 2.?' day of December, 2004, upon consideration of the attached Stipulation of the parties, it is hereby ORDERED that primary physical custody of the minor child, Cody W. Miller, bom March 26, 1995, shall be in the petitioner, Mother, Alica J. Miller and primary physical custody of the minor child, Brittany A. Miller, born November 23, 1990, shall continue in the petitioner, Alisa J. Miller. It is further ORDERED that the respondent father, Michael A. Miller, shall enjoy partial custody alternating weekends and at other times and circumstances set forth in the attached Stipulation. BY THE COURT, Hess, J. // NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATT ORNEY FOR PLAINTIFF ALISA J. MILLER, : IN THE COURT OF COMMON PLEAS OF C-1 Plain tiff : CUMBERLAND COUNTY, PENNSV2VVIA? CIVIL ACTION - LAW iron rrnn - rr=- - MICHAEL A. MILLER, ;* :NO. 1994-1891 CIVIL TERM t=„r c ) N Orn =o Defe ndant -< N c? :CUSTODY \.r+ STI ULATIOX "D AGREEMENT 9 THIS STIPULATION AND AGREEMENT entered into this IZ- day AL'?4r 2011, by and between MICHAEL A. MILLER (hereinafter referred to as "Father") and ALISA J. MILLER (hereinafter referr d to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Faller and Mother are the parents of one minor child, namely, Cody W. Miller, age 16, born March 20, 1995; and, WHEREAS, the p 'es wish to enter into an amended custody agreement relative to the custody of the parties' child thout the need for litigation which modifications they agree are in the best interests of the child; WHEREAS, the pa 'es were subject to the provisions of an order for custody dated December 27, 2004, by the onorable Kevin A. Hess, P J. granting Mother primary physical custody of the child; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter se? forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall retain shared legal custody of the child. 2. Father shall have primary physical custody of the child. 3. Mother shall njoy periods of partial physical custody of the child from time to time as the parties may agree. 4. The parties s all ensure that the non-custodial parent has reasonable access to the child by telephone. 5. The parties shall share custody of the child on holidays by mutual agreement. 6. The parties shall keep each other advised immediately relative to any emergencies concerning the child and sha further take any necessary steps to insure that the health, welfare and well being of the child are pr tected. 7. The parties s all do nothing that may estrange the child from either party or hinder the natural development of e child's love or affection for the other party. 8. The parties s all be free to modify the terms and provisions of this order by mutual agreement; however, such modifications shall only be enforceable if made in writing. 9. The parties a ee that in making this agreement there has been no fraud, concealment, overreaching, oercion or other unfair dealing on the part of the other. 10. In the event o the breach of the agreement of the parties by any parry, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. 11. The parties d sire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County. IN WITNESS hereof, set forth their hands enter an Order adopting the WITNESSETH: EOF, the parties hereto, intending to be legally bound by the terms seals the day and year herein set forth and request that the Court provisions. (SEAL) ALISA J. MI ER (SEAL) MICHAEL A. MILLER COMMONWEALTH OF COUNTY OF On this, the Z,2- da appeared ALISA J. MILLER name(s) is/are subscribed to the purposes therein contain VANIA : :SS: of tcCn, 2011, before me, the undersigned officer, personally known to me (or satisfactorily proven) to be the person(s) whose he within instrument and acknowledged that (s)he executed same for IN WITNESS WH REOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYL A" Notadal Seal Nathan C. Wolf, Notary Public Carlisle Soro, Cumberland C (SEAL) MY commission Expires April 19, 2 12 Notaryu 'C Pennsylvania Association of ot8rf? COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF On this, the 7A- da of Z7,9 e-coiekG 2011, before me, the undersigned officer, personally appeared MICHAEL A. MI ER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS Notadal Seat Nathan C. Wolf, Notary Public Carlisle Boro, Cumberland Corxr , I hereunto set my hand and official seal. .r ALISA J. MILLER, V. Plaintiff MICHAEL A. MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 1994-1891 CIVIL TERM : CUSTODY ORDER OF COURT NOW, this .34r' day of ;ter , 2011, upon presentation and consideration of the attached Stipulation executed by the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, A. HESS, P.J. Distribution: Nathan C. Wolf, Esquire For the Plaintiff Michael A. Miller Pro se Defendant OOP 0/1( 66 z t'- c -v rn :: a r~x ?? xo (D w 77