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HomeMy WebLinkAbout94-06251 , , , " 'I " , ' tJ ~ .~ " 'i -t" , ' " ., " " " " ,..1,' .".. I'll';.! \,1 "~,IS (.Ii ') ,If! ,'I '.i" ,_,I " Jill .., ;,.r.:. "~ iI, 1',"1 " \'" " " , ,- ' ;11 t , ~'{ ,'lj J ,n ".' 11;\ .. ( I j ,I ,'l'l " i r- J ;' " - '. "",'I " ':l ;19 . :IC 4)_ Ill) N ("") ~r. ..,~ , .'''l'' '.!""I'~J A ::<~~~~ ~ J:l'] I ~ " I .~ ," , : .oJ.,ft ., ,; '!'1 '. ;~J ~ ." II I I - , il\.. ,.,.... ....;.; ." ,."-. \~ \ "'" ~, ~ {!; ::ill: e ") ~.''-'"'' ~ \' \~ 1\) ...:::;, \!"-......... '0 \..-:) " '-. ~ ~ "'1 N'\ ('\""\ ~~; o .. .. ... ~!i III1 "Z t::. II f I 1 ! ~ 1 .1I ~ :e ! f 1 J ! ! J . - . . . . ' FAAA & CUNNINGHAM. P.C. . . NOV 0 2 199~ ".,' , }t \1' ,{ BETH MILLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMUERLAND COUNTY, PENNSYLVANI, NO. Cj 1- (,). ff (> ((,4-L Ju.. v. ANTHONY MILLER, Defendant CIVIL ACTION - Custody, Partial custody, Visitation ORDER OF COURT I f'l"", AND NOW, this ?nA day of octQ&Qr, 1994, upon consideration of the attached Petition, it is hereby directed that t~~ a ties ,and~their respective counsel appear before _ H~~ . ,/,.. III r;' the Conciliator, on the ?,.otb day of . l-r, 1994, at IO:.3Ni. m., in the Cumberland County Cour house, Carlisle, pennsylvania, 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. Either party may bring the child who is the SUbject of this custody action to the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. For the Court, Date of order:~v" ;). 1't~'1 By: ~~~.Al!#cg. CustoCly Conci iator ~. 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 'ro FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURT ADMINISTRATOR Cumberland County Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 Telephone: (717) 240-6200 I ,I " . . 1(,1 'Fl" ~ '} \ til'" 1"11' It~j \ ,', " " ", " , " " ,I' '\ Ii, \\.~.q4 <.",,~\..,f '-\0' ,;>\~n M\" "\"<l.<1_Il.l!. V\""",,,,", ~.r s.~,..,<-.. /'110-\ \~ ~ '~WH) v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - Custody, Partial custody, Visitation BETH MILLER, Plaintiff ANTHONY MI LLER, Defendant NOTICE TO THE DEFENDANT NAMED HEREIN: You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief request.ed by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, TELEPHONE THE OFFICE SET FORTH BELOW TO FINO OUT CAN GET LEGAL HELP. CUMBERLAND COUN~Y COURT ADMINISTRATOR Cumberland County Courthouse, 4th Floor 1 Courthouse Square carlisle, PA 17013-3387 Telephone: (717) 240-6200 ONCE. IF GO TO OR WHERE YOU NOTICIA Le hen demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas diguientes, usted tiene viente (20) ctias de plazo al partir de la techa de la domnnda y la notiticacion. Usted debe presentar una apariencia escrlta 0 en persona 0 por abogado y archivar en la corte en forma escritd SUS detensas 0 sus objeciones alas demandas en contra de su persona. Sea avidaso que si usted no se defiende, la corte tomara modidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TINE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY COURT ADMINISTRATOR Cumberland County Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 Telephone: (717) 240-6200 Respectfully submitted, FARR & CUNNINGHAM, P.C. Date I ~ ...0::--' By ~a~ /l~~~~;d~~~~ir; I. O. #66266 2320 North SeGond Street P.O. Box 1855 Harrisburg, PA 17105-1855 (717) 238-6570 (Attorneys for Plaintiff) 2 . 4. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: MAM.f: FELATIONSHIP Donald M. Gould Gloria S. Gould Father Mother 5. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the following person: HAM.f,; RELAT I QNiUi.IE 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 Court. 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 these proceedings who has physical custody of the child or claims to have custody or visitation right with respect to the child. 3 7. The best interest and permanent welfare of the child will be served by granting the relief requested because I (a) The child's natural father has endangered the health and well-being of the child, specifically, by placing the child's infant seat on the front of a riding lawn tractor and mowing the lawn with the child seated in ~ront of him; (b) The child's natural father has repeatedly demonstrated his unwillingness to be a comforting, nurturing parent to this child; (c) The child's natural father's lifestyle has been one that does not include quality, extended time with his son; and (d) The child views the Plaintiff as a source of love, stability and support. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child have been given notice of the pendency of this action and 4 WHEREFORE, Plaintiff requests the Court to grant her primary physical custody and shared legal custody. Respectfully sUbmitted, FARR & CUNNINGHAM, P.C. Date: ~ By: -r:::;: ~ ...iNt1'~"'~ -~/) pa19~ Macdonald-Matthes;-E8qU1re 1.0. *66266 2320 North Second Street P.O. Box 1855 Harrisburg, PA 17105-1855 (717) 238-6570 (Attorneys for Plaintiff) 5 VERIFICATION I, Beth Miller, verify that the statements made in the foregoing Complaint for Custody 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.A. Section 4904, relating to unsworn falsification to authorities. &. ~'I Lt.... Beth Miller Date: /(J- :N- ?~ . ... ~ . .,. .' .. " ,. ~ BETH MILLER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6251 Civil Term CIVIL ACTION - CustOdy, Partial custody, Visitation ANTHONY MILLER, Defendant ORDER AND NOW, this ~ day of ,b. 1995, the parties having agreed to the entry of an Order of Custody, as provided in the attached Visitation and Custody Agreement, it is hereby ORDERED and DECREED that custody and visitation of the minor child, Anthony Andrew Miller, Jr., shall be as follows: 1. ~STODY OF MINOR CHILDI MOTHER and FATHER agree that they shall have shared legal custody of the parties' minor child, Anthony Andrew Miller, Jr., in terms of decision making powers regarding the health, education and welfare of the child. MOTHER and FATHER agree that MOTHER shall have primary physical custody of the parties' minor child, Anthony Andrew Miller, Jr., while FATHER shall have partial physical custody of Anthony Andrew Miller, Jr. for the purposes of effecting reasonable rights of visitation. . ll., . ~. 2. FATHER I S RIGHTS OF PARTIAL CUSTODY I FATHl!:R .han be entitled to reasonable rights of vi.itation and partial cu.tody of Anthony Andrew Miller, Jr. at such time. as are reasonable and convenient to the partie.. If the part i.. are unable to agree, FATHER shall have the following righto of visitation and partial cu~todYI ii, A. Alternating weekends from 3:45 p.m. Friday until 8:30 a.m. Monday. B. The Thursday before MOTHER's weekend, FATHER shall have partial custody of the child from 3145 p.m. until 8:30 a.m. on Friday morning. c. The Monday after MOTHER'. weekend, FATHER shall have partial custody of A.J. from 3:45 p.m. until 8130 a.m. on Tuesday morning. D. In the event that FATHER i. off from work and available to either piCk up or drop off the child later than what is contained in .ub- ~, " , , " L w paragraphs A, Band C above, then he shall be entitled to the additional periods of visitation so long as this additional time does not conflict with time that MOTHER is spending with the minor child. FATHER shall give two (2) hours notice if h. .1 " I f fi 2 '" F \ , f f' , p , j' \' f , i',', 'L'j l,; " I,' I;' , .( " I,,' 1', 'f , , , j'.' t !' {I t . 'I . .' . . I ~ " intends to either pick up or drop off the child earlier or later than what 18 contained in aub- paragraphs A, Band C above. E. Alternating holidays, consisting of New Year's Day, Memorial Day, Independence Day, and Labor Day, from 5:00 p.m. of the prior day until 8:00 p.m. of the holiday; F. Christmas Day and Easter shall be alternated on a yearly basis with one party having the child from 6:00 p.m. on Christmas Eve until 2100 p.m. Christmas Day and the other party having the child from 2100 p.m. Christmas Day until 9100 a.m. December 26, with MOTHER to have the first (1st) half of the visitation commencing in 1995. The same schedule shall apply to the Easter holiday; G. Thanksgiving Day shall be alternated on a yearly basis with one party having custody of the child from 9100 a.m. on Thanksgiving Day until 9100 a.m. the next day. The party not having Thanksgiving shall have custody of the child the Friday after Thanksgiving from 9100 a.m. until the Saturday morning after Thanksgiving at 9:00 a.m. 3 . . , . '... Father will have the first period of visitation for purpose. of partial custody and visitation on Thanksgiving 1995. H. Mother's Day with MOTHER; I. Father's Day with FATHER; J. The term "holiday" means the day itself and overrides any scheduled weekend visitations for the day on which the holiday is celebrated; K. Three (3) full non-consecutive weeks during the year vacation provided that FATHER gives notice at least three (3) weeks in advance to MOTHER. MOTHER shall be entitled to three (3) full non-consecutive weeks during the year vacation provided that MOTHER gives notice at least three (3) weeks in advance to FATHER. Vacations shall be scheduled to include the vacationing parent's applicable weekend, if possible. If it is not possible to schedule the vacation during a week which includes that parent's weekend, the other par~nt shall be given the option to switch weekends with the understanding that after the period of vacation is over, the regularly scheduled weekend visitations will resume as soon as possible, and 4 ", . ' . \ "V .c" , . L. Such other times as the parties may hereinafter agree. 3. HARASSMENT OR INTERFERENCE I The parties further agree that they will not utilize their ~espective rights of custody and visitation in order to harass or interfere with the other's right to live and remain separate and apart from each other. In the event that either party utilizes custody or visitation rights to harass or interfere as hereinabove described, the parties expressly agree that, in addition to all other legal and equitable remedies available to them, they may make immediate application with the Court of appropriate jurisdiction to pursue appropriate judicial remedies for said harassment or interference. 4. ENTRY OF COURT ORDER: MOTHER and FATHER agree that this Agreement may be formalized by the entry of a Court Order of Custody and Support in accordance with the terms and provisions of this Agreement by a Court of competent jurisdiction. 5 , .. . . .. 6. ILLNESS OF THE MINOR CHILDI In the .v.nt of any ..riou. illne.s of the minor child at any time, the party th.n having physical custody of .aid minor child .hall immediately communicat. with the other. party by tel.phone or any other Means, informing the other party of the nature of the illn.s.. During such illne.s, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 7. DOCUMENTS I Each party shl\l, at the request of the other, execute, acknowledge and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this visitation and Custody Agreement. 8. VOLUNTARY EXECUTION AND FAIRNESS OF THE AGREE~ENTI Each party acknowledges that this Visitation and Custody Agreement has been entered into by his and her own volition, and with the advise of separate, independent counsel, with full knowledge of the fact. and full information as to their legal rights and that each believes the Visitation and custody Agreement to be reasonable and in the best inter.est of the minor child under the circumstances and not the result of any duress or undue influence. 8 4 . . 01 . .' "- VISITATION AND CUSTODY AGREEMENT THIS j"11 V\J AGREEMENT, made this I, '+'- day of MILLER, 1995, by and between BETH A. hereinafter referred to as "MOTHER", -AND- ANTHONY A. MILLER, hereinafter referred to as "FATHER". WITNESSETH I WHEREAS, the parties were married and now seek a divorce and are the parents of one (1) child, Anthony Andrew Miller, Jr., born June 1, 19941 and lIHEREAS, diverse and unhappy differences and disputes have arisen between the parties and it is the intention of MOTHER and FATHER to live separate and apart, and the parties hereto being desirous of settling fully and finally their respective rights of visitation and custody; NOW, THERE~ORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good consideration, MOTHER and FATHER, each intending to be legally bound hereby covenant and agree as follow. I ~ . , ., . , . ..... 1. CUSTODY OF MINOR CHILDI MOTHER and FATHER agree that they shall have shared legal custody of the parties' minor child, Anthony Andrew Miller, Jr., in terma of decision making powers regarding the health, education and welfare of the child. MOTHER and FATHER agree that MOTHER shall have primary physical custody of the parties' minor child, Anthony Andrew Miller, Jr., while FATHER shall have partial physical custody of Anthony Andrew Miller, Jr. for the purpose. of effecting reasonable rights of visitation. 2. FATHER' S RIGHTS OF PARTIAL CUSTODY: FATHER shall be entitled to reasonable rights of visitation and partial custody of Anthony Andrew Miller, Jr. at such times as are reasonable and convenient to the parties. If the parties are unable to agree, FATHER shall have the following rights of visitation and partial custody I A. Alternating weekends from 3:45 p.m. Friday until 8130 a.m. Monday. B. The Thursday before MOTHER's weekend, FATHER shall have partial custody of tho child from 3145 p... until 8:30 a.m. on Friday morning. 2 _, I' . " " OW' c. The Monday after MOTHER's weekend, rATHER shall have partial custody of A.J. from 3145 p.m. until 8130 a.m. on Tuesday morning. D. In the event that FATHER is off from work and available to either pick up or drop off the child later than what is contained in sub- paragraphs A, 8 and C above, then he shall be entitled to the additional periods of visitation so long as this additional time does not conflict with time that MOTHER is spending with the minor child. FATHER shall give two (2) hours notice if he intends to either pick up or drop off the child earlier or later than what is contained in sub- paragraphs A, Band C above. E. Alternating holidays, consisting of New Year'. Day, Memorial Day, Independence Day, and Labor Day, from 5100 p.llI. of the prior day until 8:00 p.m. of the holiday; r. ChriQtmas Day and Easter shall be alternated on a yearly basis with one party having the child from 6 I 00 p. Ill. on Christmas Eve until 2100 p.llI. Christlllas Day and the other party having 3 . . ;, , . " -., the ohild from 2100 p.m. Chrietmas Day until 9100 a.m. Deoember 26, with MOTHER to have the first (1st) half of the visitation cotDIDencing in 1995. The same schedule shall apply to the Easter holiday, G. Thanksgiving Day shall be alternated on a yearly basis with one party having custody of the child from 9:00 a.m. on Thanksgiving Day until 9100 a.m. the next day. The party not having :-\ Thanksgiving shall have custody of the child the Friday after Thanksgiving from 9100 a.m. until the saturday morning after Thanksgiving at 9100 a.lI. Father will have the first period of visitation for purposes of partial custody and visitation on Thanksgiving 1995. H. Mother's Day with MOTHER; I. Father's Day with FATHER' J. The term "holiday" means the day itself and overrideR any scheduled weekend visitations for the day on Which the holiday is celebrated, X. Three (3) full non-consecutive weeke during the year vacation provid~d that rATHER give. notioe at least three (3) week. in advance to I Ii ': 4 . .' ... ;, . MOTHER. MOTHER shall be entitled to three (3) full non-consecutive weeks during the year vacation provided that MOTHER gives notice at least three (3) weeks in advance to FATHER. Vacations shall be scheduled to include the vacationing parent's applicable weekend, if possible. If it is not possible to schedule the vacation during a week which includes that parent's weekend, tho other parent shall be given the option to switch weekends with the understanding that after the period of vacation is over, the regularly scheduled weekend visitations will resume as soon as possible: and L. Such other tlmes as tho parties may hereinafter agree. 3. HARASSMENT OR INTERFERENCE: The parties further agree that they will not utilize their respective rights of custody and visitation in order to harass or interfere with the other's right to live and remain separate and apart from each other. In the event that either party utilizes custody or visitation rights to harass or interfere as hereinabove described, the parties expressly agree that, in addition to all other legal and equitable remedies available to them, they 5 . . ' "'r " . may ~ake immediate application with the Court of appropriate jurisdiction to pur.sue appropriate judicial remedies for said harassment or interference. 4. ENTRY OF COURT ORD~I MOTHER and FATHER agree that this Agreement may be formalized by the entry of a Court Order of Custody and Support .in accordance with the terms and provisions of this Agreement by a Court of compdtent jurisdiction. 5. OTHER CUSTODY RIGHTSI In addition to any provisions which may be contained herein regarding custody rights set forth hereinabove, each party shall have the following rights with respect to the minor child: A. Reasonable telephone calling privileges to 8:00 p.m. B. Access to report cards and other relevant information concerning the progress of the minor child in school; 6 , ..' , .,.''-' I ~. . c. Approval of extraordinary medioal and/or dental treatment, except, in the ca.. of an emergency and provided that such approval shall not be unreaoonably withheld/ and D. Each of the parties' right to participate in making major decisions affecting the best interest of the minor child, including major medical, religious, and educational decisions/ educational decisions shall be defined as tho.. decisions directly related to or affecting the academic performance of the minor child in the classroom. Each of the parties agree to provide the other with their address and telephone numbers, and to advise each other of any change thereof within ten (10) days. Each of the parties also agree that in the event they intend to permanently relocate themselves from the jurisdiction of the Commonwealth of Pennsylvania, each shall give the other at least ninety (90) written notice of their intent. E. In the event that either party is out of town for an extended period of time, d.fined as 7 iii .. . ..,.. , "I ."... . being two (2) or more days, without AJ, the other p&rent will be notified of the other parent's departure and be afforded the opportunity to care for AJ during this time. F. In the event that either party i. out of town for an extended period of time with the child, an extended period defined as two (2) or more days, the other parent will be notified of the other parent's departure, travel arrangements and necessary telephone numbers two (2) day. prior to the date of departure. 6. ILLNESS OF THE MINOR CHILDI In the event of any .erious illness of the minor child at any time, the party then having physical custody of said minor child shall immediately cO\lllllunicate with the other party by telephone or any other Means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often a. he or she desir'es, consistent with the proper medical care of the child. 7. DOCUMENTS I Each party shall, at the request of the other, execute, acknowledge and deliver to the other party any 8 . It~' . -' . ,;0.. . 11. BINDING EFFECT I Each of the parties hereto intends to be legally bound hereby, and this Visitation and custody Agreement shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorneys fees, Court costs and expenses incurred by the other party in enforcing that Stipulation. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS I ~. \ '-^- ~( -Xf'N'~.~,,y-l1'tllW I&L {l Ild~.~ BETH A. MILLER ~LR fL-~p fI ~ A ~o_ AN HO A. MILLER 10 );,' \')o~ :r~ IT) ~ 1 ~ ~ <II ~ :l ~ ~ 0 CQ$~ ~ ~ j ~ ~ ;.0; ~ ~ I ~ :1:"' "~ g ~ i ~ .< Iii = d ~ "'. ~ ~ ~ '" <II <'" ~ i>I' ~ ' z i:l ~ >- >, ~ 0 " :II ...; ~ \ -. " . . "" FIn ;j ;;Lt ~ SETH A. HILLER, Plaintitt 'IN '1'HB COURT 01' CONNON PLUS 01' ,CUHBBRLAND COUNTY, PBNNSYLVANIA , 'NO. 6251 - CIVIL - 1994 , , ,CIVIL ACTION - CUS'l'ODY v ANTHONY A. HILLBR, Defendant I ,.,._ Cou.R'I ~ AND NOPl, this I' day of 'i,j 5,'11/(, uL_, 1995, upon the consideration oftne attached Custody ConcifITition Report, it is ordered and directed as follows, 1 . A Hearing is scheduled in Courtroom No. ~ of, the Cumberland Count,y Courthouse on the ..)I./"'-day of ". i::....../ , 1995, at ::.!4A H., at which time testimony in the above case will be taken. At this Hearing, the Father, Anthony A. Hiller, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing Counsel a Hemorandum setting forth a history of this ca.e, each party's position on custody, a list of witnesses that will be called to testify at the Custody Hearing along with a summary of the antioipated testimony of eaoh witne.s. This Memorandum shall be filed at least ten (10) days prior to the Hearing date. The partie. may retain an independent psychologist to perform a oustody evaluation in this case. This shall be an independent evaluation with the psychologist .haring the result. of that evaluation with counsel for both parties in the form of a written report. Costs of this evaluation that are not paid by insurance .hall be paid equally by the parties. Fending further Order of this Court, it i. directed that the following temporary Custody Order is entered, A. The Hother, Beth A. H.tller, and th6 Father, Anthony A. Hiller shall have shared legal custody of Anthony Andrew Hiller, Jr., born June 1, 1994. B. The Mother shall have primary physioal custody on a temporary basis. C. The Father shall have periods of temporary physical custody on a temporary b.sis as follows, 2. 3. J. On alternating weekend. lrom 'l'hur.day evening at, 6 II.H. until Honday morning when the 'ather .hall deliver the child to the HaternaJ Orandlllother lor daycare. On "rJday whHe the "ather i. at work, the 'ether .hall deliver the child to the Haternal Grandmother lor daycare. 2. On the Honday 10llowJ.ng the weekend that the child J.. not with the rather, the 'ather .hall enjoy temporary cu.tody lrom 4130 P.H. until B II.H. 3. At .uch other tim.. a. agreed upon by the partie.. er ~..L I .;1.1" Its ...5.f, CCI Hichael L. Sang., S.quire "aige Hacdonald-Hatthe. - ('~~u."" , ir ~...... or.' o ~~-... ,;;,e .. ~ '" = ..'tH A. RILLER, PlaJ.ntJ.ff v 'IN 'tHE COURT OF CONNON PLUS 01' ,CUHBERLAND COUNTY, PBNNSYLVANIA , 'NO. 6251 - CIVIL - 1991 , , ,CIVIL ACTION - CUSTODY ANTHONY A. RILLBR, Detendant PRIOR JUDGB, GBORGB B. HOFFER CONCILIATION CONFJ:1mNCJ: SU)HARY REPORT IN ACCORDANCB tilTH CUHBERLAND COUNTY RULE OF CIVIL PROCBDURE 1915.3-B(b), the undersign.d Custody Conci1J.ator .ubmit. the following r.port, 1. Th. pertinent information p.rtaining to the child who is the subj.ct of this litJ.gation i. as follow., Anthony Andr.", Mill.r, Jr., born Jun. 1, 1994. 2. A Concili.tion Conf.r.nce was h.ld on January 26, 1995, wJ.th the following individual. in att.ndanc.: The I'ath.r, Anthony A. Miller, with hJ.. attorn.y, MJ.chael L. ..ngs, Bsquir., .nd the Moth.r, S.th A. Mill.r, wJ.th her .ttorney, Paige Macdonald-Matth.., E.quir.. 3. Th. p.rtJ... ....r. m.rri.d in January of 1994. Th. child "".. born in Jun. ot 1994. Th. p.rti.. s.p.r.t.d in Nov.mber ot 1994 and had .n initial Custody Conciliation J.n mid-Novemb.r of 1994 at which time .n agr.em.nt ...as r..ch.d for a t.mpor.ry Cu.tody Order. At that time and in accordanc. ""J.th the Order, the F.th.r "".. not provided ""ith any ov.rnight vJ.sit.tion but "".s provJ.ded ...ith .xtensiv. vJ..it.tion on "".ekends .nd on some .v.ning.. 4. The partJ.es are no... back before the Cu.tody ConcJ.1J..tor becaus. the Fath.r i. s.eking primary physic.l custody of the minor child. Th. orJ.ginal Order ..... m.rely . t.mpor.ry Ord.r ""ith the F.ther agr.eing to ....iv. .n overnJ.ght r.que.t merely to try to all.viate som. conc.rns that the Roth.r had and to .ttempt to s.ttle the c.... Th. F.ther no"" desJ.re. overnight custody and .lso sugge.t. that, tor a varjety of re.sons, he should b. the primary custodian. S. The Rother is obviously oppos.d to the Fath.r being primary custodian. She te.l. the Fath.r lacks a number ot par.ntJ.ng ., .k1JJ. .nd h1. .Jleged 1nexper1ence w1th h.ndJ1ng ch1Jdren 1. dellOn.tr.ted by . number oL 1n.t.nce. where the Nother leel. the ,.ther h.. not properly c.red t'or the ch11d. She c1te. .n 1nc1dent where the '.ther .llegedly .tr.pped the ch11d to the top 01 . 1.wlII\Iower tr.ctor wh11e the chlld w.. 1n the c.r .e.t. She .1.0 .ugge.t. th.t the 'ather doe. not g1ve the ch11d med1c1ne when the ch1Jd 1. 1n the F.ther'. cu.tody, th.t the Father do.. not prov1de adequate Le.d1ng and other m1.cell.neou. m.tter.. 6. 2'he p.rt1e. .re obv10u.ly at odd. .nd a Hear1ng 1. n.c....ry. A He.r1ng .hould t.ke approx1mately one day. 7. 2'he Conc111ator under.tand. that the 'ather ha. generally .b1d.d by the cu.tocly per1oc1. a. .et up on the pr10r Dec.mb.r 6, 1994, Ord.r. 2'her. do.. not appear to b. .1gn111c.nt Lacb art1culat.d by the Mother at the -:onc111at10n Conference that would m.r1t . den1al of .ny overn1ght vi.1t.t1on at thl. t1me. 2'h. Father ..ek. an ext.n.1ve p.r1oc1 oL ov.rn1ght vl.ltat1on pend1ng the Hear1ng. The Conc111.tor reoommend. .n overn1ght .chedule .. .et forth 1n the Ord.r att.ched. t!l/lqr DA'l!: nEe 5 1994d~ .., .. v 'IN THE COURT 01' COHHON PLUS 0' ,CUMBERLAND COUNTY, PENNSYLVANIA , 'NO. 6251 - CIVIL - 1994 , , ,CIVIL ACTION - CUSTODY UTH HILLER, Pldnt.itt ANTHONY HILLER Detendant Jt~ AND NOW, thi. day of at the attache Custody Con directed that the following T ORDER . , 1994, upon consideration at on Report, it is ordered and temporary Custody Order i. entel'ed, 1. The Hother, Beth A. Miller, and the Father, Anthony A. Hiller, shall have shared legal custody of Anthony Andrew Miller, Jr., born June 1, 1994. 2. Physical custody shall be handled as follows, A. The Father shall have physical custody every Sunday tram 9 A.M. until 7 P.M., alternating Saturdays trom 9 A.M. until 7 P.M., every Thursday evening trom 5 P.H. until 7,30 P.M. and alternating Monday evenings from 5 P.M. until 7,30 P.M. B. The Mother shall have physical custody of the minor child at all other times when the child is not with the Father. 3. Over the Thanksgiving Holiday, Mother shall have the child on Thanksgiving Day and Father shall have custody of the child tram 9 A.M. until 7 P.M. on the Friday after Thanksgiving. 4. On the Christmas holiday, the Father shall have custody on Christmas Eve from 9 A.M. until 3 P.M. and on Christma. Day from 3 P.M. until 8 P.M. 5. The parties shall convene for another Custody Conciliation Conference on Tuesday, January 24, 1995, at 8,30 A.M. 6. This Order is entered pursuant to an agreement reached by the parties at a Conciliation Conference which was a temporary agreement. Neither party is waiving any claims with respect to issue. they may de.ire to rai.e at a Custody Hearing jf a Hearing is necessary in this case. .., ~ , " " BB'J'H HILUR, Pl..1nUlt 'IN 'J'HB COUR'J' OF CONNON PLUS OF ,CUHBBRLAND COUN'J'f, PBNNSfLVANIA , 'NO. 6251 - CIVIL - 1994 , , ,CIVIL AC'J'ION - CUS'J'ODf 'Ii ~ , 11 v ANTHONY HILLBR, DeLendant " ',' i CONCILIA'J'IOB CONJ'ERIlNCE stl)K\Rf REPaR'J' IN ACCORDANCB filTH CUHBBRLAND COUNTY RULB OF CIVIL PROCBDUU 1915.3-8(b), the unders1gned Custody Conci11ator submits the Lollowing report' ' 1. The pertinent information pertain1ng to the child who is the subject oL this litigation is as Lollows, Anthony Andrew Miller, Jr., born June 1, 1994. 2. A Concil iation Conference wa. held on November 18, 1994, with the following individuals in attendance, The Father, Anthony Miller, with hi. counsel, Michael L. Bangs, Bsquire, and the Mother, Beth Miller, with her counsel, Paige Macdonald-Matthes, Bsquire. 3. The parties agreed to the entry of an Order in the form as attached. ,. r \' -:l II !-;r!91f r DA'J'B } ) .I I , , f l " ) , '" IA .. ;= ,.... ',.. ..It it ..... .... ,..,' ,.f 1.."'-' ";.'~, r :.. j' "j. . N "'" N ...... "', ~ .~ , "