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Home My WebLink About94-06289 " , , " c... ' ' , I,,' '" , --- " 'I', ,... ~.. " I', €. :' " I . 1'" -! , " .' 'Js, , " " ,.',' ..-- "j .. " ",e " , " " ! I I I I J ' . ' ' . " 0- C)O ri ,,", ! I' 'I " ,\ ii~' '.".'...'.'.11..... 11,..... " ;.' ,,,,;. "~; \,<" )- I' , ,~! l' ]I;{ I ~o._ " . . clL\RLJ!lS E. Mn ,J,Ra, pLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA I NO. 94-6289 CIVIL TERM . . KATHRYN L. "n ,I .Ra, DEFENDANT I CIVIL ACTION. LAW CUSTODY~SITATION ORDER OF COUlf,r m.~~: MOTION TO DlRECT PLAINTIFF'S COOPERAT1QN..lli CUSTODY EVALUATJON AND NOW, thil day of January, 1998, upon preMntation and conlideration of the Defendant'l Motion to direct PlaintiWl cooperation in a CUltody evaluation, laid Motion il granted to the extent the.t Richard Dracha i8 to be granted accell to PlaintiWl relidence in advance of the January 8, 1998 hearin" at a time convenient to Mr. Dracha and to Mr. Miller, with Mr, Miller bein, preaent, and Mr. Miller ii to meet with Mr, Dracha at that time to dilCUII matterl relatin, to CUltOdy of the two minor children who are the subject of thil custody action. 1:;,'~~1""" 'I/f/ft i.\.,.~...I..\...,~,.,.".!;..............i".' , " "~~~~'.' . ..~~~ . La ~~.. . L~" By the Court: ('H~ ~.~; . rr~) I ,q ! ,. , __1/ .' .- V. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 84-8288 CIVIL TERM CIVIL ACTION. LAW CUSTODY~SrrAnON , , CBARLES E. )f1T .T.RR. pLAINTIFF KATHRYN L. MILLER, DEFENDANT MOTION TO DIRECT PLAINTU'F'S COOPERATION lti CUSTODY EVALUATION COMES NOW. the Defendant in the above action, by her attorney, Samuel W. Milkell, Jacobll8n & Milkell, and requestll of thill Honorable Court that it direct the PlaintitT to cooperate in the conducting of a CUlltOdy evaluation by meeting with the evaluator and allowing the evaluator acceee to the Plainticrs reeidence. In eupport of thie motion, Defendant aven BB followa: 1. Richard M. Dracha, ACSW, LSW hBB been retained by the Defendant to conduct a cuetody evaluation, and to teetify at the hearing echeduled in thie matter regarding hie findinge, Mr, Dracha hBB conducted numeroue cuetody evaluatione in Cumberland and Perry Countiee, hBB teetified BB to the reeulte of thell8 evaluationll, and he regularly coneulte with Cumberland County Children and Youth Servicell, offering eervicell to the agency iteelf and to the children it lIerves, A copy of Mr. Dracha'. Vitae ill attached, 2. The hearing scheduled in troe CBBe ie to take place beginning at 9:80 ..m, on Thureday, January 8, 1998. , . 3. On Sunday, January 4, 1998, Ml". Dracha met with Kathy Miller, MI. Miller'l mother, and a friend of her mother, He allO at that time wu able to tour the Defendant'B rellidence. 4. On Monday evening, Mr. Dracha milt with both of the children who are the lubject of thiB CUBtOdy diBpute, 5. On Monday morning, Mr. Dracha Bpoke with the PlalntltT, CharleB Miller, in order to arrange to meet with Mr. Miller u a part of the evaluation. Mr. Miller Itated that he would have to talk first with hiB attorney. 6. During at leut three telephone conferenceB between counsel, and Mr. Dracha, Mr. Miller'B attorneYB have had the opportunity to Inquire of Mr. Dracha regarding hill background and experience, without Defendant'B counsel'B presence and the purpose of the evaluation haa been discuBBed. 7, As of Tuellday afternoon, January 6, 1998, Mr. Miller's counsel advised counllel for Ms. Miller that they cannot state whether Mr, Miller will cooperate in the conducting of this evaluation. Mr. Miller is currently unemployed and receives workers compensation, 10 his availability to participate in the evaluation hu not been raised u an objection. 8. Defendant maintains that no matter when an evaluation is conducted, there is no requirement that a report be produced, or that the results be communicated to the other party in advance of the hearing, However, Defendant is willing to provide a copy of any report in advance of the hearing and Defendant hlUJ no objection to allOwing Plaintiff to obtain the services of his own evaluator, if he wlahea, and for a supplemental hearing to take place for the purpose of presenting the , , . contente of thie rebuttal teetimony. To date, counMI for Plaintiff hie never exprellled any interelt in obtaining the Mrvicee of an evaiuator. 9. On January 15, 1998, counMI for Defendant notified Plaintura coUDMI verbalJ.y that if no qreement could be reached regarding Mr. Miller'a cooperation in the evaluation, the preMnt Motion would he med, Thie Motion haa been Mnt by fax to Plainture cOllnMI, in advance of its fUing. WHEREFORE, for the above reasons, Defendant respectfully requesta that the Plaintiff be directed to cooperate in a cuatody evaluation by allowing Richard Dracha acce.. to Plaintift"s residence, and by reeponding to Mr. Dracha'a queetioDe, to the exteDt the Plaintiff is willing to respond, Respectfully submitted, ~iWIIlIIL iD _ /,1) ^ BY: Samuel W. Milkes, E:Qr JACOBSEN & MILKES 152 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 , . . ", ..' ...~ ,'",' . ". , "~ . . \.... :',. ' " )." (" . ~~"."'~""I"I~~ ;. .,' .',~ .:.~; .... ~.~ ,. .,."t."~}.,,,., . . .~. ::.~.~)~:~...~~: ,{ " ~ ......--- """"t. PncU~. lndl...iduel, grouo,llIIr1tal, t""ny counseling; consultatlon. training and profemanel de'ltlooment ,,",Inn sinCll 1972. ,.F.tI, TlIeA1litt tar Cwntlertond COlIIty Otfla of Chndnlllftd Youth, -fatlt' parnt, tor oPII"IXimat.ly 20 dlfTennt IdoI'SClnt, trwn 0 Yor1ety of ogeneies ond p"'tOte tamllla. -Coardi"atar, tor Commonwealth at Pennsylyenlll'S Ind'llIndent L.IYlng Proqrant AMUlIl Rlllraal for two summen 1990 & 1991 ot Ship~,"sburg University, ShipDen:tlurg. PA. -Consultantl -tor the Franklin County Ana Agency on AgIng, Tr.iner Chcmbersburg. PA. -for the HARSCO COl1lorotlon, Cllmp Hili, PA, -tor tl'le PenMy\yenio Medlcol Society. HOrrisbunJ, PA. -for tl'le Corllsle V'WCA, Corllsle, PA. -for the Methodist Children's Home &. Family Servlcss -60." Memblr. PSrTlJ County /Ion Profit Housing COl1lorat1on. Perlo Ridge Apcrtments. LoYSyi1\e, FA, -Baard "emlllr, Boora Of Directors West PemJ Sellaal 01str1ct, E11iottsburg, PA, -T".~t... BocrU of Trostees far the C.nll"lll Vout,., O.....lalllll.nt Cent.rs, oppointed by GOYlnor COSlY. 'II ;,."" ~ '-J fj' Ii, :.'/'1,; , ,,' !.:_.;' " t ,/r' '"",': ''',{,li ",I:. :,':,r:,l,,'::,1. : ,'..~'t'i' 'MQtj, ,'"IH,(,)IA.)lt~:I.I,M~1'i!I\~'i~~ll{i ,.};,i::~'i:':i,!;'llli!M\,\li),I,I,' ',', "dIIJW~FJt~~,,jiJJ~'~'~'!.'l.tIiIl'f~-;t;\JJ,~,* .-'-'" """, "., """ " , ' '.. "'--... 1"-'1 'I "'/,&Wl", \.:~\~NI~" " I' . ~ , ,~ ,'.i~"" 'I, ' " ~' , i-; 'I ~" III I y! I , .' j ~. 1'-;_'" . (I, ' .' ~ '& ....-,'.",..,,~"..I'U,...'...,t.,t~~~~......j_,..,.~~~,I,~.~tlt""""""'ft_'f;lII.,.1Il.1.,.,1~",")\1II("'~"""""~"" liSEN Ie MILOS Blah Street . PA 17013.3085 'i c::~~ ",;~',):'{e:-~',:.~!~~ ::, , .. 1" 'f~ ....... ':~, - 11 ,. , '" r: ,;"~; ::.J' , ,', ,I.. ":'>'('l'~ ... ...~ "',.' . ...f!Ji.,./ P',"-I 1111 ~---_... - - ' ~ ~ 'j ,j" ! 1 ~.~::1::..Q MARK LOCI<E FAMILY LAW CLINIC 45 NORTH PITT STREET CARLISLE PA 17013 . . ~r~'V' ,.' Jl -':*"-....-._-~.... "'-"'---'11"'.'<1 r... ~lb::..... ~ '. . . ( " , '. ,,. ,~ 'j' .. 1 . J ii' , , , .. .J " _...... ~, , I' '::';d,'1l\';~:~4Ib:,~:fM~~~~!' jMlliJ~1i;if:!'i~:(~::,~:i;if,,;Mi(~i';I' "I' , ' ',.1 '/U"I'fl'~'I}!' " ,-", ': -,' '" . ," ,. 'I I <;I .' " ! ... , , , ,- 1 /' ",-, _1lrIl"jlll.;,II~)IIlt',l.,~,~ )ISEN a MILKES II Hlah Sl1'eel I.. PA 170t3-3085 l.~~.:,:';, .>~;..;;~..~;.:~ )~---'~;Il::<!-:>~~ '. '. \ I" ..... "'L .......... ~,.... ~._ '" \ \," "" ~,..., ~1 I'. )" -, /.' ';'- ...~ .. ... 'I' "j ~\ '~.3 .' II " _:!rl~~r!t1~J ~'''',.' "'.',,,,- , ,~ ~9~'1)1~ li.!h~ JACOBSEN & r~r rr...., ATTOnrll!;Y~;. ,\, '.' 52 EAST llIGn ~ ~ ./..'.:';'0<' U.','SI.E. PA 170u.ao8i ~""""''''''____t..""..~..,. --~'.."~'."."n"""~'~-_~~____r~" . ' " " .' " . it . . , .. , .. ~ ,)'1 ... I "'1 I . .. CHARLES E. MILLER. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA VS. CIVIL ACTION. LAW KA THR YN L. MILLER, Defendant 94.6289 ORDER AND NOW, this ,., .. day of January, 1998, after hearing. our previous orders in this case are rnodified to provide as tollows: I. Cornrnencing with the next regular period of partial custody in the father. to wit, the weekend of January 17th and 18th, and during the following weekend when the father has partial custody of the children. he shall have custody of the child Jennifer. for a period of half of the day on Sunday cornrnencing at noon and ending when the father returns the child Joseph, 2, During the next two weekends of the father's partial custody, the father shall have custody of the child Jennifer for the entire day on Sunday. commencing at 9:00 a,rn, and extending until the time of Joseph's return, 3, Thereafter, and for the next three periods of the father's partial custody, he shall have custody of the child Jennifer frorn noon on Saturday until such time as the child Joseph is returned on Sunday, 4, Thereafter. the father shall have such periods of custody with Jennifer as he now enjoys with Joseph, The parties shall have the opportunity to be heard at a further hearing herein to be held on Thursday. March 5. 1998. at II :00 Q,rn, Counsel will confer with the court not less than one " I , , , , ., " , 1 I, ., 'i' " >- C') ~ Er - ..~~ .. Uln ..:J ;~~ ~d. ~(i r. ."j;'( " I r': L1.. . .i ...1?~ " c, t." .... ;.,; ')l-', - - -, I.', e!'\ ..,.. . -, l-~ _n,. t:l;'':1 ,. ....t,; ~ )c... ,- -:l ~ oa ~ C/' 0 ,\ /,"- . . CHARLES E. MILLER, Plaintiff Ib ,JUN 3 0 '997 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY NO. 94-6289 CIVIL TERM KATHY L. MILLER, Defendant ORDER OF COURT AND NOW, thill I day of 0..J\'i ' 1997, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, ~be("4-X. Gi\ro-..t . E::Squ. rc..... , the conciliator, at L..\rt" Floor (CT\fert'l'c.e ~, Cumberland County Courthouse, on the d;) day of IvS v':::' ~ ,1997, at 9 : 00 ct'lll., 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(ren) who is the subject of this custody action to the conference, but the child/children'S attendance is not mandatory. iailure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: ~. (Toto,) 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4th Floor CARLISLE, PA 17013 717/240-6200 ~RICANS WITH DISABILITIIS 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. , \ ~_,.c ,( ". '\',.1" .,'\. _I"'.(j\ "'\-1.' 1'"'\"') ....1 -,J' \' \.~., ,"~ ' , , - - l' \ C<,. - . I" ""\ .J " ',' )"'" \ \ ,,\' . ~" .\~\. , ,.J""\'( . . ~ ) '<'~f, . ',1. ',1' C;\ \\:: t'l ;:,....,::" ': l\\~" . ~ V..:;."'" '-I/.?? 4,,1 tfJ171'f~-i CYn,.;.J .AJ 7'11.11") ~i.~~ ~ 41f ~ . "II'?") ~~ :"1 ~.1 'J'1&.w/ ~ cf'" Y&I"-:I ~ . t 1'1 r , 1'1 1, f,"'.' 1\" ;;::1,1' , . CHARLES E. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY : NO. 94-6289 CIVIL TERM KATHY L. MILLER, Defendant PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDt;~ 1. The petition of Charles E. Miller I respectfully represents that on January 25, 1996 an Order of Court was enlCred for PARTIAL CUSTODY, a true and correct copy of which is attached. 2. This Order should be modified because the current court order fails to provide both children sufficient contact with their father. A. The Court Order was entered when Jennifer, born April 4, 1995, was only 6 montllJl old. Now that Jennifer is two years old, her contact with her father should be increased to include overnight or weekend custody. B. Both children's contact with their father has been limilCd to alternating weekend custody. Both children should have the opportunity to spend longer periods of time with their father. Increased partial custody with the father should include greater custody periods during the summer, including week long periods of custody. VERIFICATION I verify that the statements made in this petition are troe and correct. I undcntand that false statements herein are subject to the penalties of 18 Pa. C,S. t 4904 rela\ina to unsworn falsification to authorities. fLJ5 ,'j 7 Date CHARL!S !. MILL!R, Plaintiff v IIN TB! COURT OF COMMON PLBAS OF ICUMB!RLAND COUNTY, PBNNSYLVANIA I INO. 6289 - CIVIL - 1994 I I ICIVIL ACTION - CUSTODY KATHY L. MILL!R, Defend.nt COURT ORDIR AND NOW, thie ~ day of Aa"~~l_ , 1996, upon coneideration of the .tt.ched Cu.tody CO~Report, it i. ordered and directed ae follow.: 2. 3. 4. 1. Thi. Court'. prior Order of June 1, 1995, ie v.cated. The Mother, K.thy L. Miller, and the r.ther, Charle. !. Miller, eh.ll enjoy .hared legal ou.tody of Jo.eph Michael Miller, born October 19, 1991 .nd Jennifer Hailey Miller, born April 4, 1995. The Mother .h.ll enjoy primary phyeia.l ou.tody of the minor ohildren. The Father .h.ll .njoy periode of tempor.ry phyeical cuetody of the minor children .. follow.: A. On altern.ting weekend. from prid.y at 4 P.M. whon the Father ehall piek the minor child Joeeph up at the Mother'e home until Sund.y at 2 P.M. when the Mother ehall come to the r.ther'e home and provide an opportunity for the F.ther to have cu.tody of both Jo.eph .nd Jennifer from 2 P.M. until 5 P.M. B. In the event that the Father i. .ble to make .rr.ngemente for tr.n.port.tion, rather eh.ll be entitled to exereiee temporary cuetody with both children on Tue.day evening. from 6 P.M. until 8 P.M. F.ther .h.ll notify Mother on or before Sunday of each week if he intend. to exereiee .ny temporary cu.tody on Tu..d.y. It i. under.tood that the Father doe. not I currently have a licen.e for tr.n.portation and rather'. inability to take advantage of the Tue.day .vening vi.it.tione beeau.e of hi. laok of tran.portation option., it will be noted by the Court in the event of any future proceeding. before the Court on thi. c.... 5. 6. 7. C. At .uch other time. .. agreed upon by the partie.. Neither party .h.ll engage in any illegal drug activity while they have cu.tody of the minor children. In the event either party ha. concerns about the living environment of the other p.rty and the effect of that environment on the minor children, that party may r.qu..t, r.a.onable acce.. to in.pect the other par.nt's living accommodation.. This Order i. entered pur.uant to an agreem.nt r.ached by the parties at a Cu.tody Conciliation Conf.renc.. In the .vent that the partie. de.ire to modify this Order and ar. unable to reach an agre.ment through th.ir attorn.ys, .ither part! may contact the Concili.tor to again .chedule a Cone li.tion Conference to review any i.sue that i. .ppropriate. The alternating weekend cu.tody a. .et forth above shall comm.nc. on pridai' January 26, with the rath.r taking custody of the ch ld, Jo..ph, on.th.t date. 8. .. BY TBB COURT, -i1i.c ~ . a.. }.Jc-...- Ju ge Ke~n A. B.ss CCI Samu.l Hilk.., I.quire Jon.thon D....ul..-Family Law Clinic TRUE COpy FROM RECORD In Tl'SIimony whereof, I here unlo sal my hind Ind Ihe still of said Court al Carlisle, Pa, This ...!iI.,s.~, day Of,..~~,\" 19,"~.. .~~\,~~..,{.,,",:,,,~,,~~lno..-" " u Prolhonotuy -~ (t - f) Il.t,' JJ1 'Y!.'Jlf1~ A v ~- ~~~ , . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN1A CIVIL ACTION - LAW IN DIVORCE, EQUITABLE DISTRIBUTION CHARLES E. MILLER Plaintiff KATHY L. MILLER Defendant NO. 94-6289 CIVIL TERM CERTIFICATE OF SERVICE I, Mark C. Locke, Certified Legal Intern, The Family Law Clinic, hereby certify that I am serving a tNe and correct copy of the Petition for Modification of a Partial Custody Order on Samuel Milkes, Esq., at '2 East High Street, Carlisle, Pennsylvania 17013, by depositina a copy of the same in the United States mail, Fint Class, postage prepaid, this 26th day of June, 1997. JU~ Mark C. Locke Certified Legal Intern " FAMILY LAW CLINIC 4' North Pill Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ii; COJ ~. ~~ ('oJ 7 ,. - (~ -, ~1I8 i-)~ ~~" I,) .<' '-- " ',... ], " ...... C', lO ',.') tt'< '" I ,~' t.IL;" " ft.' r -. I',J ... I ::"t 1.'..10.. -, -:: u. ,.. d (,) Cf' ," " I , , " " , .. . . :IN '/HE COUR.'/ OF CONNON PLEAS 0' ,CUHBEllLAND COUN'/Y, PENNSYLVANIA , ,CIVIL AC'llON - LAW , :NO. .q l/- c,af41 CIVIL 19 : CUSTODY /VI SI'/ATION C~"r~ f. M:llJrPlainUU . V r",thrvfl L ,,'):/1,... Defendant ORDER. OF COtJRT 'M-"-' c t., I' , AND NOW, this (date]" QqS- , upon consideration of the attached complaint, it is hereby directed that the par ies ~nd their respective counsel appear before ~...""',~t'-l. c-') the conciUat1~ at ~ N. d t~ ' ~ /1(- on the t::fLn, day 0 V , 1 , at H., for a Prehearing Custo y 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 tsmporary order. Either party may b.ring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. , FOR THE COURT: ~: ~ '4 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 Hll 21 10 115 AIt '95 11'1, 0'1101: OF 1~l \"11IJ~'11'~~' C~Mel"l ^"O r,l ':KfY rEtl~Sl' 'i^~\~ . . 3.~1'95 ~ 6w I'1Ju1~4 ~ ,3~/'9.5'(''f~~~ .s.~~ .3 .;)/.95 ~ md1v 1;;' t1/ I, . .... . ...,- v. 1 III TBI COURT or COMMOII .LaAI or 1 CUllBIRLUD COUll'll, .ID.ILVAIIIA 1 1 BO. 94-6289 CIVIL TIRM 1 1 CIVIL ACTIO. - LAW 1 CU.TODI/VI8ITATIOB CIIA._T... I. MILLIlR, 'laiDtiff IATHRYII L. MILLIlR, DefeDel.Dt PITITIOII POR rIIIDIIIG or COIITIMPT C0KI8 BOW, the Defendant in the above-referenced action, by her attorney, Samuel W. Milkee, Jacobeen , Milkee, and pet.itiona this Court for a finding of contempt of the Court's February 15, 1995 Order and inetructions of the Custody Conciliator, baaed upon the following allegations: 1. On Thursday, March 9, 1995, the Defendant delivered the child, Joseph Miller, to the Plaintiff, for the usual Thuraday evening 6:00 to 9100 p.m. viaitation. 2. At the time of delivering said child, Plaintiff, Mr. Miller, asked Defendant, Ms. Miller, to drop off the child, Joaeph, for the Friday visitation at Mr. Miller'e si.ter'a reaidence instead of at Mr. Miller's reeidence. Mr. Miller explained that this wae needed because Mr. Miller's father was in the hospital. 3. Ms. Miller ~id not agree at the 6:00 p.m. conversation to this alternate arrangem.nt, but inatead said that ehe would have to think about it and would let Mr. Miller know when ehe came back to retrieve the child later that evening. 4. Ms. Miller's concerne about agreeing to this alternate arrangement were ae follows: a. Mr. Miller would not aseure Ms. Miller that he would even be present if she were to drop off the son at hie .ieter'. addrese or that the visitation would involve his preeence during the entire weekend. b. Ms. Miller was concerned about the .ieter'e reeidence, at 17th and Market Streete in Harrieburg, which ie known to be a eomewhat dangeroue area to travel during evening hour.. Additionally, the location was further away from the father'. residence to which she normally would have traneparted Joeeph. c. Me. Miller was aware that the Order, .e agreed upon, wae to provide for Mr. Miller's visitation with Joeeph Miller, not for Mr. Miller's sister to be able to visit with Joeeph. 5. Upon her return to pick up Joeeph at approximately 9.00 p.m. on March 9, 1995, Mr. Miller became enraged when Me. Miller eaid that under the terms presented, she could not agree to drop th. child off at Mr. Miller's eister'e residence. Mr. Miller became extremely agitated, demonstrated threatening behavior, which caused Ms. Miller to be in fear that Mr. Miller would become violent, and Mr. Miller became very loud and yelled obecenitie.. This was all in the immediate proximity of the child, Joeeph Miller. 6. After this exchange took place, when Me. Miller wae in her car with Joseph Miller, the child wae crying, aeked why hie father wae yelling and wae eo mean, and the child .aid that it MU.t be all hi. (the child'S) fault. 7. On Sunday, March 12, 1995, when Kathy Mil],er drove to Harrieburg to retrieve Joeeph from hi. weekend vieit with Charle. Miller, Mr. Miller became enraged when Ms. Miller did not permit him to enter her car and yelled v'arious obscenities at Ms. Miller, in the presence of the child. This incident was also very alarming to the child, Joseph. 8. At the conciliation conference held in this matter, Mr. Miller was explicitly directed by the custody conciliator, Samuel Andas, Esq., not to engage in discussions about the child during the exchanges but that instead he should do so in written or telephone form. 9. It was sp~cifically with this directive in mind that Ms. Miller did agree to give Mr. Miller her home telephone number which she previously had not been willing to provide to Mr. Miller. 10. The actions of Mr. Miller demonstrated on March 9 and 12, 1995 are harmful to the interests of the child and are contrary to the directives of the custody conciliator and should be penalized as contemptuous. WBlurou, for the above-referenced reasons, the Defendant requests that this Honorable Court find Mr. Mil13r in contempt. Respectfully submitted, ~ 0/ @ at. Samuel W, Milkes, JACOBSEN , MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 Esq. I hereby verify that the atatementa made in the foregoing Petition are true and correct. I underatand that fal.. atat.menta herein are made aubject to the penalti.a of 18 Pa.C.S. S.ction 4904, relating to unaworn falsification to authoriti.a. DatClI\..-~\C-\\ Il\. jQ,g:.) f~~ It.Yl~ l6 .thy L. M 1n , \ @OCT 0 8 1997 CHARLES E. HILLER, Pl.intiff V I IN THE COURT OF CONNON PLBAS OF ICUMBERLAND COUNTY, PENNSYLVANIA I ICIVIL ACTION - LAIi I INOI 6289 CIVIL 1994 IIN CUSTODY lCATHY L. HILLER, D.t.nd.nt COURT ORDER AND NOli, this q TIJ day of Ootob.r, 1997, upon oon.id.ration of the .ttaoh.d Cu.tody Conoijjation R.port, it i. ord.r.d .nd dir.ot.d a. tollow., 1. A h..ring i. .ohedul.d in ~Et Room No. 4 of the Cumb.rl.nd County Courthou.. on the 'I "1 day of CJ...l ~UlJ1.u.I , 19., .t q:30c{.m. at which time testimony wjll~e taketVin the .bove c.... At this hearing, the Father, Charles E. Hiller, .hall be the moving party and .hall proc.ed initially with t..timony. Coun.el tor the partie. .h.ll tile with the Court . m.morandum .etting forth the hi.tory of cu.tody in this c..e, the i..ues currently betore the Court, each p.rty'. po.ition on the.e i.sues, a list of witnesses who will be c.lled tor .aoh party and . sununary of the anticipated t..timony of eaoh witness. This memorandum .hall be filed at least ten days prior to the mentioned hearing date. Furthermore, in the event Hother is seeking to modify the .xi.ting Ordsr by reduction of Father's periods of t.mpor.ry ou.tody, Hother .hall tile in advance of the hearing an .ppropriat. Petition bringing that issu. b.for. the Court. P.nding turth.r order of this Court, this Court's prior Order on Cu.tody of January 25, 1996, shall remain in effect .ubject to the tollowing addition., A. Neither parent shall communicate with the children relstiv. to the activities and social contacts ot the other parent. B. Neith.r parent shall disparage the other parent to the minor ohildren or in any way hold the other par.nt out in a bad jjght. 2. Fltm-OFJ:1CE OF TI ',.. P!'(' "!I"il":JT.~RY 97 ar:T ~9 ('Ii ,'1: fi3 .~u,., . ""IY v l_i:d r,./, .1./\_,;.,1,/1'/ 10'(,\1,\,:;; I'I,~,;;: 1,\ , , " '. , , " , , " , , , " C. ~he partie. agree that 'ather'. weekend. at alternating cu.tody .hall be adju.ted .uch that hi. next weekend i. October JO. BY 'J'HB COUR'J', ce, BUluel JI. Hilke., ..quire _ ~_..:D.~ IO/lo/If? Hark Locke, Family La.. Clinic ..to- (1. .:T. CHARLBS S. HILLER, PlaintUt V KA'tHY L. HILLBR, Detendant , IN 'tHE COUR't OF CONNON PLUS 01' ,CUMBERLAND COUN'tY, PENNSYLVANIA , ,CIVIL AC'tION - LAW , ,NO' 6289 CIVIL 1994 , IN CUS'l'ODY Prior Jud'1e' Kevin A. Hess CONCILIATION COlfTJ:1fI1NCI: SlM4RY Rm'OR't IN ACCORDANCB WITH 'tHB CUMBBRLAND COUNTY CIVIL RULB OF PROCEDUIlB 191'.3-8(b), the undersignsd Custody Conciliator submits the tollowing reportl 1 . 'the pertinent information pertaining to the children who are the subject of this litigation is as tallows' Joseph Hichael Hiller, born October 19, 1991, and Jenniter Hailey Hiller, born April 4, 1995. 2. A Conciliation Conference was held on October 3, 1997, with the following individuals in attendance, The Hother, Kathy L. Hiller, with her counsel, Samuel W. Hilk.s, Esquire, and the Father, Charles B. Hiller, with his counsel, Nark Locke, ot the Dickinson School ot Law Family Law Clinic. 3. There was an existing Order from January of 1996 granting the parties shared legal custody with the Hother having primary oustody and the Fathsr having periods ot temporary custody. rather tiled a Petition in Juns requesting expansion at his custody rights. Nother arrived at the Conoiliation Conterence suggesting that Father's time with the children should be restrioted because of Father's recent actions. Hother has recently tiled a Protection From Abuse Petition against Father. Nother also has oonoerns about Father's livi...g environment and the brother that Father is living with. "ather suggests that things have been going very well over the past 18 months and that he is entitled to have additional time with his children. Fathsr suggests that there has been no problem with the Nother until very recently since he tiled this Petition tor Expansion at Custody. 4. The parties cannot reach an agreement and a hearing is required. A hearing should take no more than one day. 'I , .' 5. rhe Conojliator reoommend. an Order in the form a. attaohed. / ofJi q7 Mr. , , WRIT OF EXECUTION Ind/or AnACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 94-6290 CIVIL 19_ - CIVIL ACTION. LAW TO THE SHERIFF OF CUMBERLAND COUNTY: K~nn~th McCHrthy To sallsly the debl, Int"..I snd coslS due PLAINTIFF(S) I~m MichH~l Mill~r DEFENDANT(S) (1) You are directed to levy upon the property olthe delendant(s) and to sell Pick up 194 8 M~rcury, VIN SlC77668PA, Tdg No. 0313SR b~li~v~d to b~ 10CHt~d in gHrHg~ Ht 418 "A" St., CHrlis1~ PA. A copy of P~nnDOT s~drch is dttdCh~d. (2) You are also directed to attach the property ot the detendant(s) nol levied upon In the possession 01 .__ GARNISHEE(S) as tollows: and 10 notKy Ihe gamlshee(s) thaI: (a) an attachment has been Issued; (b) Ihe garnlshee(s) Islare enjoined trom paying any debl to or lor the account 01 the delendant(s) and trom delivering any property 01 the detendant(s) or olherwlse disposing thereol: (3) II property ot thedetendant(s) nol levied upon an subjecI 10 anachmenl Is found In the possession 01 anyone other lhan a named garniShee, you are directed to notlty hlnvherthat htlshe has been added as agarnlshee and Is enjoined as above lIated, Amount Due $1,988.00 L.L. IllIerest flTl1' 8/B/93 @ S.39 pt!r dCIY Ally's Comm % Any Paid $ 64.96 Plalnllll Paid Due Prothy Other Costs $1. 00 Date: D~c.~mbt<r_ 15, 1994 by: Ldwrt<nc~ E. Wt<lk~r Prothon ary, ~rl Dlvllion . ) p a-~- / Depuly REQUESTING PARTY: Name J~ffr~y C. SotlHnd, Esq. Address: _ 1719 N. Front St. Hdrrisburg PA 17102-2392 Allomeylor: Pldintiff Telephone: (717) 234-~178 Supreme Court 10 No. ___6 81-~_I!______ R. Thomas Kline, Sheriff who being duly sworn according to law, says this writ is returned NULLA BONA. Sheriff's CoStSI Docketing Prothonotary Service Surcharge 14.00 1.00 2.80 2.00 19.80 Advance costs 200.00 Sheriff's Costs 19.80 180.20 refund to atty 5-1Q-95 $ ; J: , I 1\: , So answers I ~~ #' ',. . .," .~" . ....,: . . .l: .,....... .", I; R. Thomas Kline, Sheriff I:, Sworn and Subscribed To Before Me By ~u_., ~~ Deputy Sher ..() , r ... ~ o i~ ,. , ;j; This .0-,- D.ay of ~ 1995, A.D. ~r~O 4t',;, ~~. Prothonotary I,"; I';; I! I", :'-w ~_ii1 ,~::-! ,", . I ,", "rJ IOU ql..'l~ . i 1" oil ..... \ FAMILY LAW CLINIC A un'I,. to Iht commurUlY by ltudentl flam The Dicklnooa IdIooI of Law of The .....ylyl/ll. I.... UniymilY The Dale F. I,,"pan C.......lIy Law C_ 4' NonlI Pitt SInn Carllal.. fA 17013.%199 (717) 243.%'" F..: (717) Z43.:J639 January 6, 1998 Samuel W. Milkes, Esq. Jacobsen & Milkes S2 East High Street Carlisle, PA 17013 RE: Charles Miller v. Kathy Miller No. 6289 Civil 1994 Dear Mr. Milkes: This letter is to review our conversation of January 6, 1998, regarding your client's re- quest that Mr. Miller participate in a custody evaluation performed by Mr. Richard Dracha. We understand that you intend to file a motion with the court to compel Mr. Miller to participate in the evaluation. We would like this letter to serve as Plaintiff's Response under Local Rule 206-2(c), You did not contact our office about this until late on Monday, January 5, 1998, just three days before the hearing. During the custody conciliation of October 3, 1997, no mention was made about either party participating in a custody evaluation. The Order scheduling this hearing, dated October 9, 1997. gave you three months' notice of the h.:aring. I understand from Mr. Dracha that he was retained on October 20, 1997. During the Custody/Protection hearing of October 27, 1997, no mention was made of a custody evaluation. In your motion, you state that our office has had three opportUnities to ,peak with Mr. Dracha regarding his qualifications. This implies that we have had an adequate opportUnity to review your request; we do not believe Ihis to be the case. The first time I spoke to Mr, Dracha was during our three-way telephone conversation late on Monday, January 5(h. Within an hour after (hat conversation. Ilried to contact Mr. Dracha and left a message at his office, because he was not present. Mr, Dracha returned my caUthis morning, which was the first and only opportunity that I have had 10 speak with him regarding the custody evaluation. I have not yet been able (0 speak with Mr, Miller regarding my conversation with Mr. Dracha. The Order of October 9, which schedules the upcoming hearing, states that counsel shall provide a witness list ten days prior to the hearing. We received your memorandum ,even days after it was due in court. three (3) days prior 10 the hearing. In light of the failure to give adequate nOlice of (his particular witness, or 10 give notice that our client should participate in PENNp " The Dickinson School of Law An F.qual Upportunily Uni....nil:-' '... . Samuel Milkes, Esq, Page 2 of 2 January 6, 1998 counseling. your request that Mr. Miller be compelled to panicipate should not be granted. If an evaluation was to have taken place, arrangements should have been made earlier regarding panicipation in the evaluation. It should not have been left to the week of the hearing. In addition, while we do not question Mr. Darcha's good faith. we do have some concern, about his qualifications as an expen witness. None of this should be interpreted as an objection of an appropriate request to provide relevant information to the cou". In a related mailer. our office has contacted you regarding our request that Kathy Miller sign a release form so that the YMCA will release infonnation to Mr, Miller about the child- ren's involvement in the daycare program. Mr. Miller learned that the children were having problems in the program and that incident repons were created regarding their behavior. In our convenation of January 5, you informed me that Ms, Miller will not release this information to Mr. Miller unless Mr. Miller agrees to participate in lhe cuslOdy evaluation. Bt:causll the evaluation has been brought to the Couns' allention. we hope that Ms. Miller is now willing to sign the release of informatior.. To do otherwise would thwart Mr. Miller's right 10 shared h:gal custody. as set out in the Order of January 25, 1996, Thank you for your time and allention in this mailer. Very truly yours, . ,.,' .;. . 1111~1:..- ~. Mark Locke Certified Legal Intern c: Charles Miller Honorable Kevin A. Hess , I e r f'l ~ llr ~ r;\'" " ,... HlrD oU:lcr: Or:"" r' . . . "'''I''n( " j:- . I \\..il'.!l 97 on I Ii r,:~ II: ~15 CLI~,::..., ',. i ',:JNTY , FENI',id.:') \1" . , t ,~ %.~ ~r ". "<.~ t) ~ " , ' , , . . ~ ,\,' li~ 'Ii '" d' ". i fl,': , :;.'i :Ii' i' J .~. "j , ,"q '~ (:~ I.' t ';': ~. \,1, I, 'fh ,.,' I'.,J II,', :1,1 'if!'/ .Ii ; ", ". ~ ~ , cu."'.' .. 1I1u..., .LAIII'II" , II '.f.. COU.'.f 0' CCIIIICOI 'LBU 0' , CUHIIIILAJID COUlnlI, .....ILVUIA , , 10. 96-6219 CIVIL T.... , , CIVIL ACTIOI - LAX I CUI'.fODY/VIII'.fATIOI V. UT.I L. 1I1u...., DIPIIDAII'.f .ITITIOI PO. 1I0DIPICATIOI OP CUITODI 01.01. COMBS NOW, the Defendant in the above-referenced _tter, Petitioner herein, by her attorney, Samuel W. Milke., B.q., JACOBSEN' MILKES, and hereby requeet. of thi. Honorable Court that it modify the current Custody Order of January 25, 1996, to provide for .upervised visitation for the Reepondent with the minor children. The children which are the .ubject of thie Petition are Jo.eph Michael Miller, born October 19, 1991 and Jennifer Hailey Miller, born April 4, 1995. In .upport of thi. Petition, Petitioner aver. a. follow.' 1. It i. alleged that the Reepondent ha. u.ed exchange. of the children a. a mean. of hara.sing and physically .triking and harming the Petitioner. This ha. occurred mo.t recently on October 12, 1997, in an incident witne.eed by another adult individual, wherein the Reepondent grabbed the Petitioner, choked the Petitioner, and did eo while hie two year old daughter, Jennifer, wa. in hie arme. The minor child wa. aleo hurt during the incident becauee of being .queezed very hard. 2. On or about September 1, 1997, during a exchange of children at a regularly echQduled time, the Re.pondent ecre...d in the Petitioner'e face, pointed hi. finger at her face, thre.tened ~ . ~ h.r, ..ying th.t .he .nd her fri.nd h.d .n ....-whipping. coming to th.m, .nd .hoved the P.titioner b.ckw.rd .g.in.t . counter. Thi. .11 occurred in front of the two minor children .nd the following incid.nt. continued in front of the minor childr.n. Wh.n the P.tition.r took the children out to the car the Re.pond.nt followed th.m, .nd in front of the childr.n, h.r....d her .bout .ny .exual r.l.tion.hip. .he might h.ve with her friend .nd repe.t.dly b.dg.red h.r .bout h.ving .ex with thie friend. When the P.tition.r told the Re.pond.nt th.t the rel.tion.hip w.. over, he .l.pp.d her on the .ide of her f.ce .nd he.d, call.d her ob.ceniti.s, followed h.r .round to the driver's .ide door, .p.t on her fac. .. .he got into the car, c.lled her. whor., .nd pound.d on the driver's .ide window a. she b.cked the c.r .way. Th. Petitioner fe.red for her safety .nd that of her children. 3. The incidents alleged above are set forth in a Petition and Suppl.m.ntal Petition under the Protection From Abuse Act, which h.s r..ulted in an Order currently in effect between the partie.. Commen.urate with the filing of the instant Petition, Petitioner h.s al.o filed a Supplemental Petition under the Protection from Abuse Act. A copy of the prior Petitions and Orders are attached herein. 4. The Petitioner's counsel advised opposing counsel in advance of the last conciliation conference that she would be s..king supervissd visitation because of the Re.pondent'. conduct. S. At the conciliation conference held in this matter on October 3, 1997, no change. took place with re.pect to the Janu.ry, 1996 ord.r becau.e the parties were not able to .gree upon .ny . .. ~ . , ~ chanqe.. 6. The ca.e i. now ,cheduled to be heard at a hearinq on the Re,pondent'. reque.t that hi. time with the children be expanded, and upon the Petitioner" reque.t that vi.itation be ,upervi.ed. NHBRBFORB, for the above rea.on., the Petitioner reepectfully reque.t. of thi. Honorable Court that it direct that any contact of the Re.pondent with the minor children between now and a hearinq date be .upervi.ed throuqh the YWCA proqram of Carli.le, or any .imilar proqram aqreed upon by the partie., and that the .ahedule for the Re.pondent to vi.it with the children be one which the eupervieinq proqram ie able to arranq., which would not includ. overnight vi.ite. -", " ; . Th. above-named Plaintiff, Kathy Lynn Miller, verifi.. that the .tat.ment. mad. in the above Petition are true and correct. The Plaintiff under.tande that fal.. etatemente herein are made .nbjeot to the penaltie. of 18 Pa.C.S. 54904 relating to un.worn fal.ification to authoritie.. Datel.k:L\'~' Gl. Kathy Lynn Miller, Plaintiff ~\ ..--.. .- ( ) 'JAN is se'" ( CBARLBS E. MILLER, Pl.intiff IIN THE COURT OF COMMON PLEAS OF ICUMBERLAND COUN'rY, PENNSYLVAHIA v . . INO. 6289 - CIVIL - 1994 :KATHY L. MILLER, Defendant :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, thb ~ day of 0._- .....' , 1996, upon condder.tion of the attached Custody C~Report, it i. ordered .nd directed as follows: 1. This Court's prior Order of June 1, 1995, i. vacat.d. The Mother, Kathy L. Miller, and the Father, Charles E. Miller, shall enjoy shar.d legal custody of Joseph Michael Miller, born October 19, 1991 and Jennifer Hailey Miller, born April 4, 1995. Th. Moth.r .h.ll enjoy primary phy.ical cu.tody of the minor childr.n. The Father .hall .njoy p.riod. of temporary phy.ical cu.tody of the minor children as follows: A. On alternating week.nd. from Frid.y at 4 P.M. wh.n the Father .h.ll pick the minor child Jo..ph up .t the Mother'. home until Sund.y at 2 P.M. wh.n the Moth.r .h.ll come to the F.ther', home and provide an opportunity for the Fath.r to have cuetody of both Jo.eph and Jennif.r from 2 P.M. until 5 P.M. B. In the ev.nt that the Father is .bl. to make arrang.ments for tran.portation, Father .hall be entitl.d to exerci,e t.mporary cu.tody with both childr.n on Tue.day .venings from 6 P.M. until 8 P.M. F.th.r .h.ll notify Mother on or b.for. Sunday of ..ch w.ek if h. int.nd. to .xerci.. .ny temporary cu.tody on Tu..day. It i. und.r.tood th.t th. r.ther doe. not curr.ntly have . lic.n.e for tr.n.port.tion and r.ther'. inability to t.k. .dvantage of the Tue.day .vening vi.it.tione bec.u.. of hi, l.ck of tr.n.port.tion option. I it will b. not.d by the Court in the .vent of .ny future proc..ding' before the Court on this 0.... 2. 3. 4. . ; ( ( ) . . .,::.", , ,~.'.~.,... " " ....,. ',"',,:!:' .. .00' 0"" .,... .. ...... ...,0 bY ... .""'..' bO' ..... ..." ...... ,. ... ,"..01 .... ...,.... .....,. i .... c...... o' ... "'0' e"u""" . e,Dout the li~'inq ... ...e' ......' ..... .... eo....~~~ .".., o' .... ,,,,,_' ., .,. ~.. ':;.ik::" ..., ..... ... ,.""... ~i~o~nt on thet ~o~.n~e~ the ~ther 9a~ent" li~inq ,..,on..ole aeee" 0 1.1\ .. ,c~ation' . aqree\llent reached 01 ..... ",'" ,. ....,.. .........~ to ..t~. co...,..... 1.... ... ....,.. .,. C..,,,, c~.e';':,od'. ..i. 0"" ... .,. ..... ,'.' ". poX".. ...,~...'o... .~.,' ."oCC".' ."'.' ....,. '0 ,.... .'.~"~:::~l'.'O' '0 ...,. .e....1. · ~~l~l,~~~~~i.,.~e. '0 ,..,.. .... ,.... ,.., ,. a99r09riate. d ,et forth &bo~e .hall ... .,......'.. ....... e'.'~" ~t,. ... ......' ,..... eo_enee on frida~, JanuarY' date. e.....y o' ... e>>l., '0....' on ...' B'l 'rBE COU1\.'r, \. \, \ - ::ct ~~/ -..1.....:..- C~' ~,....; Judqe ~e~~n A. Be" Sallluel Milxe" Elcauire. 'a'. CliniC Jonathon Dellaulel-f~l1 w .~ 1lUt COt't 'lO~ ltC09.1) ~ In , "lll!\On~ 'NilellOt, I "III unl~ ,,1 1lI~ \II I~ lnl "II 01 \lId 'oul1 II '11",11, VI. . .'l"~ .. ot ~. '9.~.~.' ,"1' ...'""'......... ~~ '''':'O,,~''''l ~I"l.,..u~..__.._.. ............... .' ....~~no~ 0" . I,', , I I \ \ \ \ _J .. ': ~.: '":~"', ..:': . IATII Ltn KULlR, 'LAIIITIPP I 1M 'III COURT or COMMOM ,LIla or I CUlCBIRLAIID COUll'll, '....tI.VAIII. I I NO. 9.-239 CIVIL TIRK I I CIVIL ACTION - LAM I 'ROTICTION rROM AlU.1 v. CIlARLI. IDGAR KI1.LIR, JR. DlrlllDAII': SUPPLEMlNTAL PETITION rOR 'ROTICTION ORDIR AND REQUEST rOR BIARINO COMBS NOW, the Plaintiff in the above matter, Kathy L. Miller, by her attorney, Samuel W. NUkes, and requests of this Honorable Court that it modify the current Temporary Protection Ordflr and that it schedule a hearing for entry of a final Protection from AbuIs Order in the above case. In support of this requelt, Plaintiff alleges as follows: 1. Based upon a Prior Petition for Protection Order filed by the Plaintiff on September 23, 1997, a Temporary Protection Order was entered by the Honorable Kevin A. Hels on September 23, 1997. A copy of the prior Petition and Temporary Order are attached. 2. On October 2, 1997 by stipulation of the parties, through their counsel, the matter was continued generally without prejudice to either party to request a hearing, and the terms of the September 23, 1997 order remained in effect until modified or terminated by the Court. A oopy of this Order is allo attached. 3. Since the incidents described in the prior Petition, the following has oocurred, pOling an immediate threat to the .afety and well-being of the Petitioner and her minor children: , ~ i a. On October 12, 1997, the Plaintiff appeared at the residence of the Defendant, in her automobile, for the scheduled exchange of the minor child, Jennifer. b. The Plaintiff had firet appeared at a Fox market, nearby the Defeudant's reeidence, ae the partiee had previouely agreed, in order to meet in a more public eetting, but the Defendant failed to appear at thie location. She therefore proceeded to his residence, where he already was exercising vieitation with their eon. b. Thie exchanglt was to take place in Middletown, Dauphin County, where the Defendant resides. c. At the time of the exchange, present in the Plaintiff's autcmobile wae also an adult female friend, Nancy Nixon. d. Without provocation, and apparently because the Plaintiff had brought with her an adult friend, the Defendant became enraged and immediately began ,houting obscenities at the Plaintiff, in the presence of the parties' daughter. He then spit at the Plaintiff in her face. He threatened to "punch [her] in the mouth." The Defsndant then grabbed the minor child, Jennifer, born April 4, 1995, beinq two years of age, and while holding the child, grabbed the Plaintiff and choked the Plaintiff. He aleo etated to the Plaintiff that he may not be at hie residence, the point of exchange of the children, when it was time for Plaintiff to retrieve the children. e. Nancy Nixon wae able to telephone the Middletown police by cellular telephone. f. The police reeponded to the ecene and at the time of filing of thie Pfltition it ie believed and therefore averred that the , I . " police intend to apprehend the Defendant and charge him with indirect criminal contempt of the Court'a prior Temporary Order. g. Aa a reauJ.t of thie incident the Plaintiff received treatment at the Carliele Hoapital and the Plaintiff' a child, Jennifer, complained of atomach pains from being aqueezed ao hard by the Defendant during the altercation. 4. The incident described above is a similar and follow-up circumstance to that described in the prior Petition, at paragraph (4C), in which the Defendant has used exchanges of the two minor children aa a time to exprees hie fruetratione to Plaintiff and to phyaically aseault the Plaintiff. 5. The incident deecribed above reflecte a eituation in which the Defendant hu now not only placed tho Plaintiff in feaX' of further abuee and has abused the Plaintiff, as defined in the protsction from Abuse Act, but he has also placed a minor child in a dangerous situation and has abused the minor child, ae defined under th.. Act. WHEREFORE, for the above referenced reasons, th.. Plaintiff respectfully request. of this Honorable Court that: a. A hearing be scheduled in the above matter for the purpose of coneidering the relief previously requested in the prior Petition for Protection Order, and in additlon, granting further temporary relief in the way of supervised visitation aa the viaitation the Defendant would have with the minor children, so as to avoid any risk of further harm or threat of harm to the children and sO aa to avoid any contact between the parties surrounding exohanqe. ot ou.tody. b. Until a hearinq oan be held in thb III&tter, Plaintiff reepeottully requeete that thi. Court amend it. prior Temporary Proteotion Order to inolude a requirement that any vi.itation ot the Detendant with the ohildren be in a eupervi.ed .ettinq, whioh oan be arranqed throuqh a proqram available at the Carli. Ie Are. YWCA, or another mutually aqreed-upon provider. Reepectfully eUbmitted, \0(1";", B~~ JACOBSEN , MIL~ES 52 E. Hiqh Street Carliele, PA l7013 (717) 249-6427 Attorney No. 30130 " ; The above named Plaintift', Kathy Lynn Miller, veriftel that the Itatement. made in the above Petition are true and correct. The Plaintiff underltandl that fal.. Itatementl herein are made lubject to the penalties of 18 Pa.C.S. 84904 relatinl to UIlIWorn falliftcation to autl!.oritiel. Date: /0-/3 .cr; , " , , \ ' KATHY LYNN MILLER. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 94-239 CIVIL TERM CHARLES EDGAR MILLER. JR" Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this .:; 1A.4lday of September, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Kathy Lynn Miller, now residing at 141 East Louther Street, 1st Floor, Carlisle, Cumberland County, Pennsylvania. is in immediate and present danger of abuse from the defendant, Charles Edgar Miller, Ir" the following Temporary Order is entered. The dC!fendant, Charles Edgar Miller, Ir (SSN: 197-54-3340)(008: 11/13/62), now residing at 124 Ann Street. 1st Floor. Middletown, Dauphin County, Pennsylvania. is hereby enjoined from physically abusing the plaintiff. Kathy Lynn Miller, or from placing her in fear of abuse. The defendant is ordered to stay away from the plaintiffs residence located at 141 East Louther Street, I st floor, Carlisle, Cumberland County, Pennsylvania. a residence which is leased by the plaintiff. and is ordered to stay away from any residence the plaintiff may in the future establish for herself The defendant shall remain in his vehicle at all times during the transfer of custody. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to. telephone and written communications, except for the limited purpose of facilitating custody arrangements The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives, or the panies' minor children The defendant is enjoined from entering the plaintift's place of employment and the day care facility of the minor children. The defendant is enjoined from removing, damaging. destroying or selling any property owned by the plaintiff. A violation of this Order may subject the defend.nt to: i) arrest under 13 P..C.S. 16113; iI) a private criminal compl.int under 23 Pa.C.S. 06113.1; ill) · ch....e of indlmt criminal contempt under 23 Pa.C.S. 06114, punishable by imprisonment up to shl month. .nd a Rne 0($100,00-51,000.00; and iv) civil contempt under 23 P..C.S. 06114.1. This Order shall remain in effect until modified or tenninated by the Court and can be extended beyond its original expiration date if the Court linds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of hann to the plaintiff. The deCendant is ordered to relinquish to the sheriff's department any we.pon. which he owns or possesses (a switchblade knife), and the defendant i. prohibited from .cquirin. or possessin. any weapons for the duration of this Order. A HEARING SHALL BE HELD ON mls MAnER ON rJdd.-,-, -?, ,1997, AT ~. IN P ,M., IN COURTROOM NO..-:L. OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriffs Department shall attempt to make service at the plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure, This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service, The Prothonotary shall not send a copy of this Order to the defendant by mail. The Carlisle Police Depanment shall be provided with a cenilied copy of lhis Order by Ihe plaintift's attorney, This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that lhis Order has been violaled. whether or nOI Ihe violation is committed in Ihe presencll of Ihe police officer. In the event lhat an arrest is made. under lhis section, the defendant shall be laken without UMecessary delay before the coun lhat issued the order, When that court is unavailable. the defendant shall be laken before the appropriale district justice. (23 Pa.C.S. ~6113). By the Court, /s/' i'fdl......:.. C ~ol.v , , Judge .' ''\ I :1 I ',I .' ., .i Joan Carey LEGAL SERVICES. INC. Attorney for Plaintift' TRUE COpy FROM REOORD In Testimony willi.. I ..........IIlW.... and tile MIl of said Cou~ CIrlIIII. PI. Ihts :J c.-:;;: t .:;::,~~ .1~ . "GIIlOilOlIIY KATHY LYNN MILLER. Plaintift' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-239 CIYU. TERM CHARLES EDGAR MILLER, JR.. Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages. you must take action promptly after this Petition. Order and Notice are served. by appearing personally or by attomey It the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do :10 the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintift'. You may lose money or property or other rights important to you, FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of S2S, 00 will be as5essed against you, You may also be required to pay attorney fees to Legal Services. Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, 10 to or telephone the ornce set forth below to nnd out where you can let leaal help. COURT ADMINlSTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE. PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS wlm DISABlLlTlES 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 F or 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. KATHY LYNN Mn..LER, PlaintilT IN mE COURT OF COMMON PLEAS OF C'JMBERLAND COUNTY, PENNSYL VANIA v, NO, 94-239 CIVll.. TERM CHARLES EDGAR MILLER, JR., Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S.16101 et leq. A. ABUSE I, The plaintiff, Kathy Lynn Miller, is an adult individual residing at 141 East Louther Street, 1 st Floor, Carlisle, Cumberland County, Pennsylvania 17013, 2. The defendant, Charles Edgar Miller, Jr (SSN: 197-54-3340)(008: 11/13/62), is an adult individual residing at 124 Ann Street, 1st Floor, Middletown, Dauphin County, Pennsylvania 17057-1310. 3, The defendant is the husband of the plaintiff and the father of the panics' children. 4, Since approximately March 1997, the defendant has anempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed her in reasonable fear of imminent serious bodily injury, has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including fo1l6wing the plaintiff without proper authorization, under circumstancei which have placed the plaintiff in reasonable fear of bodily injury This has included, but is not limited to, the following specific instances of abuse: a) On or about September 16, 1997, the defendant telephoned the plaintiffs home approximately 15 (imes leaving messages on her answering machine, b) On or about September 6, 1997, the defendant telephoned the plaintiff, threatened (0 cut up her and he'r friend, and threatened to beat them both if he saw I I I , I I ! . . the plaintiff's mend coming out of her house. The defendant carries a switchblade knife with him. The plaintiff fears for her safely. c) On or about September 1. 1997, the defendant screamed in the plaintiff's face, pointed his finger in her face, threatened her saying that she and her mend had an "ass whipping" coming to them, and shoved the plaintiff backward against a counter, When the plaintiff took the children out to the car, the del'endant followed them, and in front of the children, harassed her about any sexual relationship she might have with her friend repeatedly and badgered her about having sex with him, When the plaintiff told the defendant that their relationship was over, he slapped her on the side of her face and head, called her obscenities. followed her around to the driver's side door, spat in her face as she got into the car, called her a whore, and pounded on the driver's side window as she backed the car away. The plaintiff feared lor her safely and that of her children. The defendant telephoned the plaintiff's home and left a message on her answering machine asking that she call him back, When she called him back, the defendant screamed at her and threatened to make her life miserable. He further threatened to cut her and her friend up and threatened to give her friend an "ass whipping". The defendant also told the plaintiff that he was going to sit in front of her house in a car and watch her activities, d) In or about late August 1997, the defendant telephoned the plaintiff's home and when the answering machine came on he screamed tbat if someone hangs up the phone again he was going to shove the goddamned phone up their ass. The defendant telephoned several more times, screamed that the plaintiff was an ignorant bicch. that he was going to stay on the line, and he demanded that she pick up the telephone because he was coming to the house to see the kids. The l' i, \,., , , < , plaintift"s teen-Iged nephew, who WIS babysitting her children, wu afraid to IIIIwer the telephone when the defendant called and wu scared to remain in the house. The plaintitrs sister came and got her son and the plaintift"s children and took them to her home for safety, e) In or about March 1997, the defo:ndant screamed at the plaintiff in front of their children and threatened that he would beat her and anyone she might be seeing. The plaintiff took the children and returned to her home, f) The plaintiff tiled a Temporary Protection Order and Petition for Protection From Abuse and Custody against the defendant on January 19, 1994 (see attached Exhibit A, incorporated and made a pan hereto). S. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. except for the limited purpose of facilitating custody arrangements. 7. The plaintiff desinlS that the defendant be enjoined from harassing and stalking the plaintiff. and from harassing her relatives. and the minor children. 8. The plaintiff desires that the defendant be restrained from entering her place of . employment. or the day care facility ofthf: minor children, 9. The plaintiff desires that the defendant be enjoined from removing, damlgins, destroying or selling any property owned by the plaintiff. 10. The plaintiff desires that any weapons the defendant owns or possesses (switchblade knife) be confiscated by the Sheriffs Depanment and that the defendant be prohibited from acquiring or possessing any weapons for the duration of the Temporary Protection Order. . " '. , B. [X<;"U~.n; rQS$~SSum II. The residence ITom which the plaintiff is uking the Court to order the defendant to stay away ITom is rented in the name of the plaintiff and the defendant hu never resided there. C. RE(~IBURSEMENT FOR COST OF CASE 12. Ordering the defendant to pay 5250.00 to Cumberland County, one of Legal Services. Inc.'s funding sources, in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assessing the S2S. 00 surcharge and court costs to the defendant if the case goos to hearing, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P.S, ~6101 C1 WI" as amended. the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse. 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including. but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the minor children, 4. Prohibiting the defendant from entering the plaintiffs place of employment and the day care facility of the minor children. S, Prohibiting the defendant from removing. damasing. destroying or selling property owned by the plaintiff. ., , , " 6. Ordering the defendant to stay away from the plaintift's residence lotated at 141 East Louther Street, 1st Floor, Carlisle, Cumberland County, Pennlylvania. and ordering the defendant to stay away from any residence the plaintiff may in the l\Iture establish for herself. 7, Ordering the defendant to relinquish to the sherift's department any weapons which he owns or possesses (a switchblade knife), and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Temporary Protection Order. B. Schedule a hearing in accordance with the provisions of the .protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: I, Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse, 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including. but not limited to, telephone and wrinen communications, except for the limited purpose of facilitating custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives ~d the minor children. 4. Prohibiting the defendant from entering the plaintift's place of employment and the day care facility of the minor children. S, Prohibiting the defendant from removing. damaging. destroying or selling property owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintift's residence located at 141 East Louther Street, 1st floor, Carlisle, Cumberland -,. - , .. County. Pennsylvania. and ordering the defendant to stay away fioom any reaidence the plaintiff'may in the future establish for herself. 7. Ordering the defendant to relinquish to the sherift's department any weapons which lie owns or possesses (ll switnchblade knife), and prohibiting the defendant from acquiring or possessing any other weapons for the duration ofthe Protection Order. 8. Ordering the defendant to pay $2S0.oo to Cumberland County, one of Legal Services, Inco's funding sources, in lieu of attorneys' fees. as reimbursement for the cost of litigating this case and assessing the $2S.OO surcharge and court costs to the defendant if the case goes to helling. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this petition and Order be delivered to the Carlisle Police Department which has jurisdiction to enforce this Order. The plaintiff prays for such other reliefa.s may be just and proper. Respectfully submitted, "1(.,~~.(,~ v oan Carey, Attorney fe'l Plaintiff ,,,, LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243.9400 . ., '.' . . The above. named plaintiff. Kathy Lynn Miller. verifies that the statements nIIde in the above Petition are tNe and correct. The plaintiff understands that filse statements herein ... mIde subject to the penalties of 18 Pa.C,S, g4904 relatins to W\lWom fi1Iitication to authorities. o \., C\ Date: -r '"') l hc~\~'1d:ul '-D~\.~"'l Kathy Lynn Mill . Plaintiff . ,'$~'" JM l.ii'lIM ' , I \..'/ lattar L. IUler, PlalDUff II 'III oomrr or \iClIIIl' IUAlI or CIP"""_r _ 00UI'l'Y I ......mVAlIA Y. CIVIL ACTIOK - LAW 10. ~ 3'J CIVIL 19114 l'IIOI'ICtIOI ... ABU81 AID CUIl'l'ODY Cbarle. I. IUler, Jr., o.feadaDt AIlD NOW, tbi. ~RY ....arm'!1V1l ORDD / q day of JUluary 1994, upon pre.entation and con.ideration of the within Petition, and upon findin. that the plaintiff, now re.idin. at 112 Lawrence Lane, Carli.le, Cuaberland County, Penn.ylvania, 1. in l..ediate and pre.ent dan.er of &hu.e fro. the defendant, Charlet I. Miller, Jr., tbe followin. Te.parary Order i. entered. The defendant, Charles E. Miller, Jr., now re.idinc at 752 State Street, Le.oyne, Cuaberland County, Pennlylvania, i. hereby enjoined fro. phy.ically abu.in. the plaintiff, lathy L. Miller, or placin. her in fear of abu.e and ordered to .tay away fro. the re.idence located at 112 L.wrence Lane, Carli.le, Cu.berland County, Pennlylvania, a re.idence which i. not owned or le..ed by the defendant. Ge defendant i. hereby notifted that if he redde. in the plaintiff'. do.icile contrary to thi. Order. he ..y be in indirect cri.inal conte.pt which i. puni.hable by a rine not to exceed '1,000.00 and/or by a .entence of up to .ix aonth. in jail and any other appropriate puni.h.ent. Resunption of co-residence on the part of the plaintiff and the defendant shall not nullify the provi.ions of the court order direct in' the defendant to refrain fro. abu.in. the Plaintif~ Te.porary cu.tody of Jo.eph Michael Miller i. herebY awarded to the plaintiff. Kathy L. Miller. The defendant i. ordered to refrain fro. havin' any contact with the EXHIBIT A plaintiff except facilltatin. cu.todj ol:their .inor child. . .. a . The defendant 1. ordered to refrain froa enterin. the plaintiff'. place of ..ploJaent, fro. .talkin. the plaintiff, or fr08 baraa.inc the plaintiff or the ber relativ... The defendant i. ordered to refrain froa duacinc or c1e.tro,in. IDJ' prop.rtJ' owned bJ' the plaintiff or jointlJ' owned bJ the partie.. Thi. Order .hall re..in in effect until a final order 1. .ntered in thi, c..... II hearinc ,hall be h.ld on thlM utter on the d ?zfdaJ of JanuarJ', 1994, at I,' "10 C.. In Courtrooa No..k.., Cuaberland CountJ' , Courthou.., Carli,l., Penn.,lvania. The plaintiff UJ' proc..d 11 ~ aauneri. pandinl a further order aft~r the hear inc. The Cuaberland COllntJ' Sh.riff'. office shall att..pt to uke service at the plaintiff's reque.t, but .ervice .ay be &cco.pli,hed under anJ' applicable rule of Civil Procedure. The Penn.y1vania State Pulice Depal'taent will be provided Itlth a cop, of thi. Order by attorney. for plaintiff. This Order .hall be enforced b, an, law enforce.ent ..encJ' when a violation occurs bJ' arrest for indirect oriainal cont..pt. The arr..t .., be without warrant upon probable cause that tbis Order baa been violated, whether or not the violation i. cOllitted in the pre.ence of the police offic.r. In the event that an arr..t is lIde under thi. section, the defendant .hall be taken without unnec.s.&rJ' dela, before the court that 1..ued the Order. When that court 1. unavailable, the defendant shall be srrallDed before the appropriate di.trict justice. (33 Pa.C.S.A. S.cti~n 6113). Tro:- ....'''!''~" '~~l"'~l,' r.l-'::C0~O 'i:..:..:~~._~'r.. :,.</...n... "..r..... 'i1"~01 . r.r.. ..... .. "", '., ~ ....,..: .~~~: m',. i1~.:\d u ' 7:~ . ....1.: ./', " .~. ,~': I,,"',,;. '.,. . ." . .:_.. .. :,. /, .... ....' . Ii, , ~ ~... . 1" ~ "...2,' '...' . __, .... 8y the Court, /5/g~~/9' ~_ J. 1 ," >- 'I) (: ~ . .' t... .. " ..," " S 1~1I . , .-J> ~:" . . t':>i :...i ~t: 01 .. , \. I C"J~ ' .'.r ,;,) Ci;- J .;-; " -- ~. ; .. [il' '1.J to, do... ,.. 0 d a..'. ,~ 0 U" , , , "'I' . . . .. . .." , ..Wl :> ( '<:r:h\ tf ........',.- C~BS E. MILLER, Plaintiff IIN THE COURT OF COMMON FLBAS OP ICUMBERLAND COUNTY, PBNNSYLVANIA I INO. 6289 - CIVIL . 1994 v . . KATHY L. MILLER, Oefendant I ,CIVIL ACTION - CUSTODY ~URT ORDIR AND NOW, this z.S- day of -r.....-.., , 1996, upon considsration of the attached Custody Conciliation Report, it is ordered and directed as follows, 1. This Court's prior Order of June 1, 1995, is vacatsd. 2. The Mother, Kathy L. Miller, and the Father, Charl.s E. Miller, shall enjoy shared legal custody of Joseph Michael Miller, born October 19, 1991 and Jennifer Hailey Miller, born April 4, 1995. 3. The Mother shall enjoy primary physical custody of ths minor children. 4. The Father shall enjoy periods of temporary physical custody of the minor children as follows, A. On alternating weekends from Friday at 4 P.M. when the Father shall pick the minor child Joseph up at the Mother's home until Sunday at 2 P.M. when the Mother shall come to the Father'e home and provide an opportunity for the Father to have custody of both Joseph and Jennifer from 2 P.M. until 5 P.M. B. In the event that the Father is able to make arrangements for transportation, Father shall be entitled to exercise temporary custody with both children on Tuesday evenings from 6 P.M. until 8 P.M. Father shall notify Mother on or before Sunday of each week if he intends to exerci8e any temporary custody on Tuesday. It is understood that the Father does not currently have a license for transportation and Father'. inability to take advantage of the Tuesday evening vi.itations because of his lack of transportation options; it will be noted by the Court in the event of any future procaedings before the Court on this ca.e. ", FILEo-OFFICE OF T\ IF FI\~iTI'~'l'\OTNW , 90 JMI2~ {'tl hl02 I' CUM8l}iLll-:D COU~~TY n;NNS'il.lf!\:~1A . Ii "I , ,. CIIUL.. I. KILLIK, I IN TBJI C:OUJlT OP COIINON 'LIIU 0" Plaillltiff I CUIIII.1tLAIm COVNTY, .IIIIN.YLVAIIIA I V. I CIVIL ACTION - LAW I 94-4219 CIVIL TIRN D'l'DYIf L. KILLla, I Def.lIleSalllt I CUSTODY/VISITATION IN all CUSTODY VISITATION ORDla OP COURT AND NOW, thi. 27th eSay of October, 1997, our order of October 14th, 1997, provieSilllg for .upervi.eeS vi.itatiolll i. vacated in it. ellltirety. Pending further hearilllg in tbe ..tter, it i. eSirecteeS that the exchange of the cu.tody of the ohileSrelll oocur in a public place a. the partie. .hall agree, aneS if they cannot agree at the eSaycare c4nter in Carli.le or at the Pox'. ..rtet in MieSeSeltown, Penn.ylvania. By the Court, S.-gel N. Milke., ..quire por tbe 'leintiff (~.,.J ~~. 101::1..5')9"/, --q J'~' Kath~rine pear.on, ..quire Nark C. Locke, I.quire ~aaily Law Clinic 45 North ,itt Street Carli.le,'A 17013 por the DefeneSant j>(f.~st. pI... . c"'cL Iv P. { 'c... _1 , I \-1'\.;'1.\ c;' (\~~'\r.;~. . ,n\'''1 ", ,\ r'.r'i I', I"" "'1 f " " ,,' ,I'" "J .,. Gu ., ,I, , J \ " .,1 .. , " " , " , : , ' ( ~t~, '"- - " f , "1 v, CHARLES E. MILLER, -_____ T'Il -------.. III III. Court of CO_OD PI... of C...ber...... COIIDl)'. hDU11YIllla 94-6289 No.-------- Civil 94 19_ I ,I I PLAINTIFF YI. KATHRYN L. MILLER, CIVIL ACTION LAW -..--.................................. DEFENDANT ....................................--- CUSTODY/VISITATION -...----............---... __.._..e___________..._______________ PRAECIPE TO ENTER APPEARANCE To the Prothonotary: -------..-------------------------------------------....-------------------------- ------------------.----------------.----------------------------....-------------------..----------.- Please enter the appearance of the Family Law Clinic on behalf of the Plaintiff, Charles E. Miller, in the above-captioned ---...~---------------._-----------------..-------------------------------------- matter. ---------------------------------------------------------.--------------------- ------------.-------------.-------.-------------------------------------------------------------------------.---- -----------------------------..------------------------------------------------------------------------_._----~----_.. -------.....----------..------.-----------------.----------------------------._------_.__.__.._--------.~---_._---_.-- To Lawrence E. Welker Prothonotary 19_ ~~b/n"- e. !1tM---- K~~-C~ 'PEAI'!Atvi.iD. AUy .. ,. I' , \ , I , " "." # . ; .~j 'ft " , "I, " ,~. ',' '-,I J;";('\\ ! .'~ ;;. : 'i,,'J l!{~il ,:,:" '.,.' I, : I' ~ 'ii:' ~ '. ': ",,"1:\'-':)'; ,:'!;':!,'ii, (';f'r '.,,' , , " i' ~':, ~;' I.,' ,',1 I '1'_' ;1, 'i " ( ~~( "- . " 94-6289 Civil 94 T-. I' PLAINTIFF No. CHARLES E. MILLER, VII, KATHRYN L. MILLER, DEFENDANT nAlClPB PI.... 19 -- KATHERINE C. PEARSON llIIdIaaAIIJ lUl*Yiu,AIIJ The Pamily Law Clinic 45 Nonh Piu Street CarU.le, PI. 17013 7171240-5204 I:,) c;', (.Ii -\ (,... ._,~, ~.~ [llf- r...' n~'2;) N ~'),b ~. '/~~ :, S,n :. ~ - o ~~\ "- ~rJ \\\,--:1 ';/,":)__1 -, l U1"-' i":~(J :';(1 ~1:() )> (~ -. ~ ". ,> .. f; . . I . . .. ....., ,-..- . n'T 11 I, ,o.9~tJ- CHARLES E. MILLER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V, NO. 94.6289 CIVIL TERM KATHRYN L. MILLER, CIVIL ACTION. LAW DEFENDANT CUSTODYNISITATION QRDER AND NOW, this ~0day of ~, 1995 upon consideration of the attached Complaint, it is hereby directed that the parties and their respective couneel appear before J.\-..'alr\ 1-. ~\ r,t &t. the Conciliator, at l./ th f~ tomb, ~ (~~., 1Jt~ of YV1"'.."'I 1996, at "'l,..;p o'clock /J..m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolvll 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. Failure to appear at the conference ~ provide grounds for entry of a temporary or permanent order. f'OR THE COURT, By:Ltvlf~J#t'~E~. Custody Conciliator t/ (~/ YOUR 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 RLEcrofF!Ce OF THE I'nOn'!ONOTAAY 95 DEe -S AM 1/107 CUM8Ef;W;o COUNTY PENN'J'ILVA,NIA 'J I. . "/7, JiL~,:(.' I,;) -5.?J d,I,~ ~aJ4:rI' ~ . /.;)'5"?r ~ '$ ~ /';;'':';-95 ("~ ~4u:/.:'-,q ~ ~ " . . 1 ""',.:.....011"'.'"'". ';'1",,";'''.''-' " of mother. Mer thie date, father was to be reeponeibll' for traneportation on Thursday evenings but mother was to continue to be reeponeible for two-way traneportation on weekendl. 3. Since the entry of thie Order, father has relocated at least twice, having lived in a hotel room in Middletown, in 11 room regietered under a difTarent individual's name, and having more recently moved to the following Harrieburg addreee: 1508 Howard Place, Harrieburg, Pennsylvania. 4. The Harrieburg reeidence which the father most recently began to occupy il a one room apartment. Thie reeidenco ie located in a high crime area of town, as welllUl an area of town where it is known that a high level of drug related activity takes place. 5. The assertione regarding crime and drug use which are offered herein by mother are a relult of her own personal obeervation of the community and the apartment, as well as comments that father himself hae made to mother about the neighborhood in which he reeides. 6. Since the Court'e prior Order, during an exerciee of overnight vieitation, father was once without a reeidence sufficient to care for Joeeph, and therefore took the child into an area not d8lignated for overnight camping, attempted to camp out, and was eventually removed by the police. 7. According to statements made by father to mother and to the cuetody conciliator in the put, father il now able to reinetate bis driver'e licenee, upon payment of minimal amounts. 8. Mother a88erts that is now time for father to assume reeponsibility for transportation, relating to hie partial custody with the children. WHEREFORE, for the above-referenced reaeone, Petitioner herein formally requests of thie Court that it modify the prior Custody Order to provide that the previoullly scheduled partial cU8tody be restricted not to include any overnight 9tays and that the Court further direct the father to demonetrate that he would have an adequate and safe location within which to place Joeeph during periodll of partial or temporary vieitation, and within which to visit Jennifer, Finally, Petitioner reque8t8 that thi8 Court direct the father provide tran8portation when exerciBin, hi. periodl of partial CU8tOdy, Re8pectfully submitted, .~LIlI~ BY: Samuel . Milke8, Esq. '( . JACOBSEN & MILKES 62 E. High Street CarllBle, PA 17013 (717) 249-6427 Attorney No. 30130 u"r '- t C7"I :," "' -, " = " , :I'J .oll y ;~' ::.J .. ' -, .-~~ ....,) ,,, ... ... ... r. ~ I.... ., ," ,::1.) '.) .,', , ,r ,,' .... '" J: 0" --:- ; rl~ , ;; L.l ,,, ,'-' .., '"'" , , . MAY 30199~ CHARLSS S. HILLSR, Plaintiff ) ) ) ) ) ) ) IN THB COURT or COIItOH PLSAS OP CUHBBRLAND COUNTY, PBNN8YLVANIA NO. 94-6289 CIVIL TBIH CUSTODY vs. KATHY L. HILLER, Defendant OI.OBI AND 101I, th1e ~. J I - day of \...- , 199~, upon receipt of tbe conciliator's report, it appearing that tbe parties bave agreed to tbe ter.s and provisions of tbis order wbicb WlS dictated in tbeir presence and approved by tbea and tbeir counsel, we bereby order as follows: 1. All our prior orders in this case are hereby vacated. 2. Tbe parties sball sbare legal custody of botb of their ainor cbildren, Josepb Hicbael Hiller, born October 19, 1991, and Jennifer Hailey Hiller, born April 4, 199~. 3, Prl.ary physical custody of botb cbildren shall be with their aotber, tbe Defendant, Katby L, Hiller. 4, Tbe fatber of tbe children, tbe Plaintiff, Cbarles E, Hiller, sball bave and enjoy tbe fallowing periods of teaporary or partial custody witb the children: A. Witb regard to Joseph Hicbael Hiller: (1) rr~ the date of this order tbrougb July 31, 1995, he sball bave teaporary custody alternating weekends fr~ Priday at I, i I I &:00 p.a. until Sunday at 4:30 p.m., starting witb Priday, June 2, 199~, and alternating Tbursdays, conaencing on Hay 25, 1995, fr~ 6:00 p... until 8:30 p.a. Tbe aother shall be responsible to provide all transportation for these periods of te.porary custody through the end of July, In addition, the father .ay have te.porary custody of Joseph on tbe other Thursday evenings froe 1 ., :,1 JOI/ 1..1 """i, .,' 12 lll,'r,~ 19S \1 " " , , "" , ",I' ,I 'I, , Ii , , ,,' / ;!,,"IJ '1,1 :.I',! II .'..;~l;:,~' '\8~" ,/i \' 1 , 1;1'". "I '. " rd ,,' ,:1' f.,l ;,',j 1 \ ", 'I .. " I ( ',' " ;1' I" ; '/. I "I ':"",:1;' Jc. ,J': "),1,1' /, ';'01 " ',/ , II')' " , I ."/ I; J. ,11 ",':1, F" I /lfl (I ,_,; 'Hr'r, /,,'1.,',; , " i: /il,.:, 'ill,., '",/;',1 :,I.rfl, " r 'j/ .l III! :' PI: U' i'.: 'J " I' 'l.' r;,,' I . J ;- ,,-, , ' ,I r; ~. i " ,p;'1 I.,lr r.J i' ,I{;":"l /."'" I {, ,. , , "~, fHf';ihl Ii" .! " , r/,l;, :":,', I."!~; "1'/:'1 '1,1 ';. 4 6:00 p... until 9:00 p..., provided that the father provide tranlportation for that period. (2) Por the period after August 1, 1995, the father shall have alternating weekends, continuing on the la.e alternating .ch.dul. as set forth above, fro. Priday at 8:00 p... until Sunday at 4:00 p,.., for which the Mother will provide transportation for all weekend periods. In addition, the father shall have te.porary custody every Thursday from 6:00 p.m, until 9:00 p..,' provided that he shall be responsible to provide all transportation for tho.. Thur.day evenings. B. With regard to Jennifer Hailey Hiller: (1) The father shall have visitation at his h~e in Harrisburg alternating weekends, which will coincide with the la.. weekends that he has temporary custody of Joseph Hichael Hiller, froa 8:00 p... until 9:00 p... on Priday evening and again frOM ( 3:00 p... until 4:30 p... on Sunday afternoon, froa the date of this order through the end of July, 1995, (2) After August 1, 1995, the father shall have vilitation with Jennifer Hailey Hiller alternating veekends, to b. the ...e weekends be hal te.porary custody of Joseph Hichael Hiller, frOM ~ , 8:00 p,., until 9:00 p... on Friday evening and fro. 3:00 p... until 4:00 p... on 8unday afternoon. The aother viII be l r.lponlible to provide transportation for all of the father'. vilitation. vith Jennifer Hailey Hiller, which visitation shall I Ii take plac. in the father's home, as long as Ihe i. required to 2 provide tranlportation for the father'l periodl of ta.porary cUltody on alternating weekends with Joseph Michael Hiller, ~, All transportation provided for cUltody exchange I purluant to thil order will be provided by licenlad drivars in aut~bilea properly equiped with child aafety reatrainta and aeats, as required by law. 6. Neither party Ihall harass or abuae the other, physically or e.otionally, at any ti.e, and in particular with regard to their meetings or other c~unicationl to arrange, schedule, or implement this custody order. Each of the parties are cautioned to treat each other with respect, particUlarly within the sight or hearing of either 0 the children. 7. This order makes no provision at the present ti.e for holiday schedules or for additional periods ot visitation or temporary custody for the father and his daughter, Jennifer Hailey Miller, It is expected that the parties will negotiate and amicably agree to a schedule for holiday periods of temporary custody or visitation and to an increase in the father's time with his daughter, In the event that the parties cannot agree, privatelY or through counsel, the matter will be referred back to the conciliator for further proceedings, By the Court, Joseph J. Dixon, Esquire ,Attorney for Plaintiff I ~,~L I /' / J. /,' , ~~~& ~~' ~.~ Sa.uel W, "ilkes, Esquire Attorney tor Detendant Ila 3 ~ ~ ~ ,~ - lQ ~ ~ ~ ...~ ~ li ~ ... < - ~ 1:1: 'IJ i 'IJ S 5 0 ~ > ~ ti ~ ~ 'Ii ~ ~ ~ [I.l ~ 0 ~ ~ :II ~ ~ -f. . , . . . . . . . . , CHARLBS B, HILLBR, I IN THB COURT or COIlHON Plaintiff I PLEAS or CUMBERLAND I COUNTY, PENNSYLVANIA VI. I I NO. 94-6289 CIVIL TBth' KATHY L. HILL!R, I Defendant ) CUSTODY JUDO! PREVIOUSLY ASSIGNBD: Tbe Honorable levin A. He.s CCIICILIA'I'OI CONl'R11I111C! aUIIHUY --.. IN ACCORDANCE WITH CUHBERLAND COUNTY RULE or CIVIL PROCEDURB 191~.3-8(b" the undersigned Custody Conciliator .u~its the fOllowing report: 1. Tbe pertinent infor.ation concerning tbo cbildren wbo are tbe subject of tbis I litigation is as follows: I I IJos.Pb Hicba.l Hiller 19 October 1991 Jennifer Hailey Hiller 4 April 199~ I 2. A Conciliation Conference was held on 23 Hay 199~ snd tbe fOllowing !!MIl CURlBNTLY IN CUSTODY or BIRTHDATB Defendant/Hotber Defendant/Hotber individuals vere present: tbe Plaintiff and bis attorney, Joseph J. Dixon, EsqUire; I the Defendant and ber attorney, SaMuel W. Hilkes, E.quire. 3, The parties were before Me in January of this year, at whicb point tbey agreed to a teMporary order wbich was to re.ain in effect until their .econd child was born. ITbat child has now been born and we bad another conference to _odify the prior order, I 4. The attacbed order wa. dictated in tbe presence of tbe parties and approv.d by Itb... The father has witbdrawn hi. challenge to the ~ther'. use of a child care II licenter in Carlisle. The MOtber agreed to continue tbt transportation tbrougb the end , 10f July, by which : Hopefully he will tiMe tbe father is suppo.ed to bave bi. driver's licen.e restored. regain those privileges and the partie. can proceed frOM tbere " witbout difficulty. If not, tbey will bave to COMe back to .. or to tbe court to .et a boliday .cbedule, .u..er vacation ti.e, and expanded ti.. with the new child. Until then, the court need not do anythin9 further. 2. Kay 1995 ~~.~ - L. ..... CUltody Conciliator CHARLES B, HILLER, Plaintiff ) ) ) ) ) ) ) IN THE COURT OF COHHOH PLEAS OF CUHBERLAND COUNTY. PENNSYLVANIA NO. 94-6389 CIVIL TBRH CUSTODY vs. iKATHY L. HILLER, Defendant ~a AND NOW. this day of , 1995, upon receipt of the conciliator's report, it appearing that the parties have agreed to the terms and proviaions of this order which was dictated in their presence and approved by the. and their cOUD.el. we hereby order as follows: l. All our prior orders in this case are hereby vacated. 3. The parties shall share legal custody of both of their .inor children. JOI.ph Hichael Hiller, born October 19, 1991. and Jennifer Hailey Miller, born April 4, 1995. 3, Primary physical custody of both children shall be with their mother, the Defendant, Kathy L. Miller, 4. The father of the children, the Plaintiff. Charles E. Miller. shall have and enjoy the following periOdS of temporary or partial custody with the children: A. With regard to Joseph Michael Miller: (1) From the date of this order through July 31, 1995, he Ihall have temporary custody alternating weekends from Friday at 8:00 p.m. until Sunday at 4:30 p.m., starting with Friday, June 2, 1995, and alternating Thursdays, commencing on May 2S. 1995. from 6:00 p.m, until 8:30 p.m. The mother shall be responsible to provide all transportation for these periods of temporary custody through the end of July. In addition, the father may have teMporary custody of Joseph on the other Thurlday evenings from 1 i I 6:00 p... until 9:00 p..,. provided that the father provide traolportetion for that period. (21 For the period after Augult l, 199~, the father Ihall have alternating weekends, continuing on the la.e alternating Ichedule al let forth above, from Friday at 8:00 p... until 8unday at 4:00 p..., for which the mother vill provide transportation for all weekend periods. In addition, the father Ihall bave te.porary custody every Thursday from 6:00 p.m. until 9:00 p.." provided tbat he sball be responsible to provide all transportation for those Tbursday evenings. , " , /. '! l\ I '_I, i,' 8, Witb regard to Jennifer Hailey Hiller: (11 The father shall have visitation at his home in ',' Harrisburg alternating weekends, whicb will coincide with the la.e weekends that he has temporary custody of Josepb Hichael Hiller, fro. 8:00 p.., until 9:00 p... on Friday evening and again from , , ' , 3:00 p... until 4:30 p.m. on sunday afternoon, fro. the date of this order through the end of July. 19?~, L'~ I' , (21 After August 1, 199~. the father shall have visitation with Jennifer Hailey Hiller alternating weekends. to be the aa.e weekends he has te.porary custody of Joseph Hichael Hiller, fr~ 8:00 p.m. until 9:00 p... on Friday evening and from 3:00 p... until 4:00 p.m. on Sunday afternoon. The .otber will be responsible to provide transportatioD for all of the father', visitations with Jennifer Hailey Hiller, which visitation shall take place in the father's home, as long as Ihe il required to ..,;/f~ , I ~Il" I' I;',: .. I,' f:f" t .. I..' " r' \./ 1'" f'I' {,>'il rill 2 I , I . I . , . , I, ii I, " " ,I , , provide traDaportatioD for tbe fatber's perioda of te.porary cUltody OD alternating weekends with JOlepb Hicbael Hiller. 5. All transportation provided for cUltody excbanges purauant to tbil order vill I:be provided by licenaed driverl in auto.obi1el properly equiped witb cbi1d lafety :, reltrainta and leatl, al required by law, 6. Neither party aha1l barals or abule the other. pbYlica1ly or eMOtionally, at "any ti.e. and in particular witb regard to tbeir meetings or otber c~unications to " i ar.range, achedu1e, or iMpleMent this custody order. Eacb of the partiel are cautioDed . to treat each otber with respect, particularly within the sight or bearing of either 0 tbe cbi1dren. 7. This order Makes no provision at the present tiMe for holiday scbedu1el or for : additional periods of vilitation or temporary custody tor the fatber and hi. daughter, Jennifer Hailey Hiller, It is expected that the parties will negotiate and amicably agree to a Ichedu1e for holiday periodS ot temporary custody or visitation and to an incraale in the father's tiMe with his daughter, In the ~vent that the partiel cannot agree. privately or through counsel, the matter will be referred back to the conciliator for further proceedings, By the Court. J. Joseph J. Dixon, Blquire Attorney for Plaintiff SaMuel W. Hi1kel, Baquire Attorney for Defendant 11a 3 .. Chrhtlll&. Eve at 6100 p.m. through Chrhtlll&. Day at Noon, and the otber parent will have care and control of Jo.eph from Noon on Chrhtlll&' day through the morning of December 26. 4. Tran.portation for the exchange .:If Jo.eph will take place by Chari.. Miller picking up Jo.eph at the beginning of the vi.itation period., by meeting at a location agreed upon from time to time by the partie.. M.. Miller will be reeponeible for retrieving Jo.eph at the end of the vieitation .chedule. When Mr. Miller provide. tr.aneportation, he will either di.play that he ha. a valid operating permit or he will be accompanied by an individual who di.play. a valid operating permit. 5. There being a Custody Conciliation Conference echeduled in thi. matter, the above term. .hall generally remain in full force and effect until .uch time ae there may be a further Order of Court. ']>c..c... Z" If., 'f BY THE COURT, cal Jo.eph J. Dixon, I.quire Coun.el for Plaintiff Samuel W. Milkee, lequire Couneel for Defendant J. ,I,.> ""'''''''''' ,J,~~' ,ji ..j.., ..".. ,,,J,, ,I~'" ,,"",,'~~~'... .......~.. ,j ,j, , ",...;,."-1 ,j Oee 23 II 33 ~~ '9~ 11: 1'1,'J i ': ;' ,l.l;'~ ';'( . ~ "JJ:h.~, . ~~ I~'~ .9~ . " . . 1lEC-ll0-I9M '1313 Jl<CllIINH L "1L.1<E5 '/1'1 0149,..2'1 'P.'" ....... -, .. IIJLLaa, ftAlftlP. I I..... c:oua, . cr- ...,... or I C'!I~-.'lI. &" COL-.., ....ILYAIIIA I I ~. ,.-'2.. CIVIL ,.~ . I CIV1~ acwl~ - LAM . CUlWODW'YI.l'.~lo. Y. ....... So. 1U1oUII. ............. ..~.._ ..:K.a.' .1IIl ...~... a..-.cIIIIliW ~, IIOW, ~be Plalntiff, Charla. .. 11111'1', Jr.. by hl1 00Iln..1, JOllph ~. D~XDn, 1~1~.. D~11 I D~.on, .nd the DI~an4&n~, ..~h~yn L. 11111.1.'. br ur oOlln.ll, l.-all W. MJ.llla., .equ.I.~., Jaoobl.n . MJ.lk.., t.h. ~rldaa and OOlln..l in ~be &bovl-oap~lon.d aation, .nd Itlpll1ata that th. following ~Iral -1 ba Int.arld aa a tllllporaJOY Ordar of Court, until f"rthl'" Ordar of thl COllr~. ~hl1 O~dlr will rafl.ct. an agr.ad upon ellatody and p~t.lal oll.t.ody lohedule witb ...aapaot to ~bl ohl1d. Jo..ph Miohall Mll1.r, born Datobar 19, 19f1, 1. K.t~yn L. Millar, natural ao~h.r of Jo.aph Niahall M1l1a... Ihall I.arol.. .ole phy.1"al oUI~ody uf LI,. ainor ohlld, ..OIPt. at. alloh t.1_a .. UI IpICIU1acl below. 2. Cbu'll. .. M111.r, Jr., natural lath.... of JOlaph Mlch..1 IUlllr. .hall ...rohl p.r~ial oll'tody of ~lll Clh11d .v.ry other Wllleand, IIlClll 10.00.... on 'atllrda)" to 3.00 p.... Sund.y, bl91nn.lnCJ t.hl wlakend of Dlo.lIb.r 31. 1". - J.nuary 1, 1995. 3. Th. paE~i.a sh.ll alao alt.rnat. t.h. following holiday.. I..t...., .-..ori.1 D.y, PouJI:'l:h of JlIly, Labor Ilay, ThanlllvivillV Day, Chri,t_a, aDd Jo..ph'. blrthday. Mr. M111.1' ahall ,..rcla. the Urat Chria~a alt..cnat-1oft ot thia aohadu.l.. "'hlllaath&". th. daya ahell continua t.o altlrnat.. Ordlnarily. t.h. .obadulad t!.. for vi.1tatlon durin, th..a day. v111 be 10.00 .... to 6100 p..., IXOlp~ ~or ~be Cb~i.t"l lahadYl.. With ~ - IlI!C""iI0-1"" \'1 <IV! JACOISEN , MI~EY ?l? "4' 1I!4:n ,P.. e.apea~ to the ch~1.t... .Gh.~~l., on .lte~natlng Cbr1.t....., tbe ~r.n& h...,i."'I oar. and C1nnt.rol 0' Jo..ph I~ cru:ietAa., 0".11 lie". .\loh t.i_ fr_ Chel...... .v. e& ..00 p... theou.h cbd,.t:... Day ..~ .oon, and tha aLh.z; ,.e.n& will bavo Clare and oofttrol uf Jo..p" f...... aloun on ehrl...... day &ha:vu,h &he aorAing of Deo.-ber 28. t. Tran.poz.-tatlon for the axobanv. of 30..ph will taka place by Charl.. K111er picking up Jo..ph at the beginning o~ the v.L.ltat1oA periode, by .etinCl .t a l_ation a,ned llpon frail ti. to t.iM tIy the parti.a. MI. Mill.r will ba re.pon.1bl. for retri.v!nv Jo..ph at the eQ4 0' tbo vi.lt.tion .obedlll.. Wh.n Mr. Mill.r provide. teaa.portlt.1on, b. will ait.har ~.play that he bal a velid apaa-Itint panaJ.t all' he will be aooClllll&III1ed by an individual who di.plaYI . Yali~ op.ratlng permit. S. Tber. baiDg a Cu.tady Canoill.t1an Conl.rono. lahedul8d in thl. ..tt..r. Cb. aboy. ta~. .holl ,anaz.-.11y r...in in full forae ..nd affect. until .lIah t~ .. thare _1" be a fllrthe& Order of Cauz.-t. 'fho part.L.. uadaa:.tand that tlli. Agr....nt. i. not . co..it.ment by the par~!e' to 10nl- te:r18 po.lt1on. with r..pect to the cu.tody and vl..l.t.ation of the .lnar child. .....1'0... the parUe. h.reta J:'..pect.fu11y requa.t. of thl. BClnorabla it ent.r . ~.mporary Cu.tody Ordex. reflaot1n9 t.he aboVe t..~.. iJ-~11 Cf{ ~ \..1...- L- .V . Iol. D~ - BAIIU.Lli7.' , AT'1'OJUf'V 1'0" D.".DAW1" 3),C0.... . MIl.... 53 .. B!9~ Str.at Carli.ie. PA 1'013 . YJIO DIL. . DUOII ...ollti.e .ou.., 'u1te .1 101 e. I.Gond .tr..t Marri.buz9. PA 1'101 T01~ P.lilli _. -... ....J,., :1" '. 'i' '/', {'JI,' ,i ')'~ ~ ~, ' , " il'l,' d. , , ih - ....>- r.: .'~ ,., ~' .... , '" '-" . .J u ~<"': " . No, 15 2 38 PH 'JII i" , ,. I, " r;u,. '{ JFPI\~E :',,), 'I~H 'W l,'(;:,'1I 't ""j"l, .,Ii ,\ "~iU .~ t ~. ~ 11015';' C~. ~.4.. 'J!J1 a..j. # II-jS,f'v IJ; . ", , , . CBARLI!S I!. MILLI!R, JR. . IN THE COURT OF COMMON PLBAS . CUMBERLAHDCOUHTY, PBNHSYLVAHIA Plaintiff . . NO. 1994 v. . . CIVIL ACTION - LAW DTHY L. MILLBR, . . Defendant . IN CUSTODY PETITION FOR CUSTODY AND NOW, thi. 2nd day of November, 1994, come. the Plaintiff, Charles E. Miller, Jr., by and through hi. attorney, Jo.eph J. Dixon, B.quire, who re.pectfully aver. a. follow.. L The Plaintiff/Petitioner is Charle. E. Miller, Jr., an adult individual who reBides at 252 Maclay street, Harriaburg, Dauphin County, penn.ylvania, 11102. 2. The Defendant/Respondent is Itathy L. Miller, an adult individual who re.ides at 112 Lawrence Lane, Carli.le, Cumberland County, penn.ylvania, 11013. 3. The Petitioner and Re.pondent were married on January 5, 1991, and became finally separated on September 2, 1994. 4. The Petitioner and Respondent are the natural parent. of the minor child, Jo.eph M. Miller, born October 19, 1991. 5. The Petitioner de.ire. to have regular and .ub.ta~tial contact with hi. .on. Since the partie. became la.t .eparated, the Re.pondent ha. refu.ed to allow Petitioner any type of contact. . 6. The Petitioner believe. and therefore aver. that it i. in the be.t intere.t. of hi. .on to have regular contact with him. 7. The Petitioner believe. and therefore aver. th.t he ha. . good and proper home environment to c.re for hi. .on on . regular bad. . 8. The minor child i. familiar with the Petitioner'. home in th.t the p.rti.. had lived there together until S.pt.mb.r 2, 1994, wh.n the Re.pondent moved in with her parent.. 9. Sine. birth, the child h.. redded at the following .ddr.....1 10/19/91-1/11/94 - 752 Stat. Street L.moyne, PA with both parent. 1/12/94-5/12/94 - 112 Lawr.nce Lane Carlide, PA with Re.pondent 5/13/94-9/2/94 - 252 Maclay Str.et Harri.burg, PA with both parent. 9/3/94-pr...nt - 112 L6wr.nce Lane Carlide, PA with Re.pondent 10. Th.re ha. be.n no prior proc..ding in thi. or any other juri.diction concerning cu.tody of the minor child. Th.re wa. in the pa.t a t.mporary Protective Ord.r entered by the Honorable K.vin A. He.. on January 19, 1994. That Court Ord.r, a copy of which i. attached her.to, granted t.mporary cu.tody of the minor child to the Reepond.nt. Since the date of that Order, which wa. 2 VBRIFICATION I verify that the statements made in this Petition For Cuetody are true and oorrect. I under.tand that fal.e statement. herein are made subject to the punalty of 18 Pa. C.S. 5.90., relating to unsworn falsification to authorities. DATED I November 2. 1994 1\ I' 'I' , The defendant 18 ordered to refrain froa enterin, the plaintiff'. place of eaplo,aent, 'roa .talkin, the plalntif', or 'roa hara..in, the pl.intl'f or the her relative.. The def.ndant I, ordered to refrain 'roa d..a,ln. or de.tro,in. any pruperty owned b, the plaintiff or jolntl, owned b, the partiea. Thi. Order .hall rea.ln In effect until a final order~. entered In this cue. A hurin, .haU be n.ld (,n tnle aaUer on the ;) 7 day of Januar" 1994, at I: 3 tl p.a. in Courtrooa No.4-, Cuab.rland Count, Courthou.., Carll.le, penn.ylvanla. Th. plaintiff .ay proceed 1n ~ DauDerl~ pendln, a further order after the hearln.. The Cuaberl.nd County Sheriff's office .hall atteapt to aak. .ervice at the plaintiff's reque.t, but. .ervice a.y be accoapli.hed under an, .ppllc.ble rule 0' Civil Procedure. The P.nns,lv.nla State Police Departaent will b. provided with. copy of thl. Order by attorney. for plalntif'. This Order .h.ll be enforc.d by any l.w enforcea.nt ..ency when a violation occurs by .rre.t 'or indlr.ct crlainal conteapt. Th. arrest a.y b. without warrant upln probable c.u.e th.t thl. Order h.s be.n violated, whether or 'lot t.he vlol,"i"n i. (.",..lUed in the pre.ence of the pulic. officer. In the event that an arre.t i. aade under this .ectlon, the defendant .hall be t.ken without unnec....ry del.y be'or. the court that i..ued the Order. When that court i. un.vail.ble, the defendant ahall be .rral.ned be'ore the appropriate dl.trict ju.tice. (23 Pa.C.S.A. Section ~~13). TFl!!~ enr'\, nH",~,~ nr.r;')f1[J In Tl'"," ''''''1'.,' ,"', ,. ..' ," ',,~ I r";t','d and'I,1,""!I" .r.., -,'. ,,'.'. rJ '~ijf ,I' 'Ie.:.'''~ ' ',' t/ Yl?'~-J) ~ ~~"" l:l~._ /111..... I . 11 .I~ --- -7 I . FrotM"o"ry By the Court, -1:51 ~~,~'" 4~~1 J. ~, I I i';, ,,'1 wI 'I" ,(I' !,,~ , ;~~i ~,. '1 , " , .1 " " " '1\ Ij "- lath, L. 1I111.r, Plalatlff : III 1'11I CllUIT 0' 0011101 PLUI 0' . . : CUllBDLAIID coum, PIIISYLVAIIIA : : CIVIL ACTIOII - LAW Y. 110. CIYIL 1194 Charlee I. liller, Jr., Defead_t PROTICTIOII nDII ABUSI AND CUSTODY !lOTI CI You have been .ued In court. If you wl.h to defend ".in.t the claia. .et forth In the followln. p...., 'ou au.t take .ctlon proaptl, att.r thi. Petition, Order and Nottce are eerved, by appearln. per.onall, or b, attorne, at the h.arln. echeduled by the Court and pr...ntin. to the Court your det.nee. or obJ.ction. to the clat.. .et torth a.ainet you. You are warned that It you tail to do .0 the Court .ay proc.ed without you, and a Jud...nt aey be ent.red a.ain.t you by the Court without further notice for an, acney claiaed In the P.tition or tor any other clala or relief r.qu.at.d by the plalntlft. You aa, 10.. aoney or property or oth.r rl.ht. I.portant to 'ou. YOU SHOOLD TAlI THIS PAPU TO YOUR LAWYD AT 0IfC1. IP YOU DO !lOT HAYI A LAIfYIR OR CAllIIOl' AffOIID 0111, 00 TO OR TlLlPIIOIII 'lII1 OfFICI Sft JOI'ftI .LOII TO PIIm our WIIIII YOU CAlI Oft LIOAL HILP. OOUIIT ADMIII19TIIATOR, 4TH PLOOR CUJUlULAflD OOUIITY COURTIIOU9I CAlLISLI, PINISYLVANIA 17013 TILIPIIOIII IMIBD: (717) 240-8200 h_ ~: ) , 4 lath,. L. IUner, Plaiatllr : II m COUIlt 0' (Il1.IDI PLIAlI 0' CUlllllRLAID coum, PIIIIIYLVAlIIA CIVIL AeTlO! - LAW .. 110. CIVIL 1..4 Charle. I. Miller, Jr., Derendant PIlO'I'ICTION J'IIOJI AIMII A1Q) CUSTODY 1'1'1'17101 PUR PRCJT: 'fT1V1 tlIInn AND CUlTOLY RILl I' UNDER THE PROTICTION 'ROM ABUSE ACT. 23 Pa. C,S.A. Section 8101 et. .ea. ^"- AllU8I 1. The plaintirf i_ an adult Individual whoae per.anent addre.. wa. 752 State Street, Le.oyne, Cu.berland County, Pennsylvania, 17043. 2. The plaintiff iB te.porarily _t.,in, at 112 Lawrence Lane, Carli.le, PennBylvania, for her own protection and to avoid further abu.e aa i_ eare fully Bet forth herein. 3, Thlt defendant i. an adult Individuai reaidin, at 752 State Street, Le.oyne, Cueberland County, Pennsylvania, 17043. 4. The defendant i_ the plaintiff'. hu.band. 5. Since approxi.ately April 1992, the defendant ha. atteapted to cauae and haa intent!onally, knowln,ly, or reckle..l, cauaed bodil, inJur, to the plalntifr and by phyaical .enace has placed the pl.intiff in rear or i..inent .eriou. bodily Injury. Thh haa included but ia not U.lted to the rollowin, apeciric InBtancea of abuse: a, On or about January 4, 1994, the defendant bec..e an,r" punched wallB, Bla..ed a door, and screa.ed cauBln, the plaintiff to fe.r for her salety. The delendallt .lapped the plalntill lorcerull, acro.. the face and told the plaintiff that there had been ean, tl.e. while .he wa. .leepln, that he thou.ht about .llttln, her throat, b. In or about Septe.ber 1993, the defendant bec... an.r" thr.w a clock with. .1... front on it, and broke the .1.... When the pl.intiff b.nt over to clean th. .eaa up, th. defendant c..e up behind h.r, .r.bb.d her .round the throat, and chok.d her. The pl.intiff atru..led and .ot free of the defendant's .rip. o. Since approxi..t~l, April 1992, the defendant h.. on several II '. 1 ,I' . t different orc.sions pushe~, .l.p~ed, and choked the p1.intiff. Th. def.nd.nt h.. .1so threatened the pl.intiff with etate.ent. includin. the followln.: th.t he wiahed he would h.ve hit her harder, th.t he .hould h.ve knocked her out so ehe'd be 1yin, on the floor, and that he ahould have knocked her t.eth down her throat, S, On or .bout January 11, 1994, the pl.lntiff .nd her child left their 'I, " re.idencv .t 752 State Street, Leaoyne, Cu.berland County, Pennsylvania in . . . order to .void further sbuse. 7. The plaintiff believee and therefore avers th.t she will be in l..edi.te and pre.ent d.n,er of abuee fro. the defend.nt and th.t she is in need of protection fro. such abuee. 8. The plaintiff de.ire. that the defvndant be ordered to refr.in fro. h.vin, any contact with her except to facilitate cu.tody of their .inor child. 9. The piaintiff de.ires that the defend.nt be ordered to refrain fro. I':i enterln. her place of e.ploy.ent, froe st.lkin, the pl.intiff, .nd fro. h.r.ssln, the plaintiff or her relatlveR. r I I I I 10. The plaintiff de.lres that the defendant be ordered to retr.in fro. destroy In, or da...ln, her property or an, property jointly owned b, the p.rtln. " I' 8, TIllPORAIIY CUSTODY 11. The pl.intlff seek. te.porary cu.tod, of the followln, child: ~.. ...-........... ,.~. -..... ..,,_...._~.. ,.... 11III fl:uInt R.aid.nc. Jo..ph Mlcha.l Mill.r 112 Lawrence Lane Carlllle, PA All 2 ,n. old DOB 10/19/91 The child He. not born out of wedlock. 'rhe child Ie pre.entl)' In the cuetod, of the plaintUf, lath, L. Miller, who I. teaporarll)' reeidln, at 112 Lawrence Lane, Carliale, Penne,lyanla. Durin, the chlld'e !ifetiae, the child ha. re.ided with the followln, peraon. and at the followln, addree.ee: 1iw Address.. Dat.. Plaintiff, defendant 752 StRte St. 10/19/91 to L'BO)'ne, PA 1/11/94 Plaintiff, Jeanne 112 Lawrence Lane 1/11/94 to Schwartz (plaintlff'e Carliale, PA preaent aother), Nanc)' Nixon (friend) ','I The .other of the child ia the plaintiff, Kath, L. Miller, currentl, re.idin, at 112 Lawrence Lane, Carlisle, Penne)'lyania. The plaintiff currentl, reelde. with the followln, pereone: 1iw RelationehiD Joeeph Michael Miller Jeanne Sehwart! Nanc)' Nhon She is earried. Son Mother Friend The father or the child ie the defendant, Char lee I. Miller, Jr., current 1, residin, alone at 752 State Street, Le.o,ne, Penn.,lvania. lie 11 ..rried. 12. The plaintIff has not prevlouel, participated in an, litilation , i I : I /1 , concernin, cuetod, of the aboye aentloned child in thie or an, other Court. 13. The plalntlrf hae no knowled,e of an, cu.tod, proceedin,. concern In, thla child pendlnl before a court in thl. or an1 other Jurledictlon, j' .-.-- .----. ---............."-....... .. .................... '," I~ ., 14. Th. plaintirr doea not know or an, per.on not a part, to thi. action who ha. ph7.ical cu.tod, ot the child or claia. to have cuatod, or vi.itation rilht. with r..p.ct to the child. 15. The be.t intere.te and per.anent weltare ot the child will be aet it cuetody i. teeporarily Iranted to the plaintitt pendinl a hearinl in thi. .atter tor reaeon. including the tollowing: a. The plaint.tt ir a tit parent who can beat take care ot her chlld. b. The detendant ha. .hown by hie abu.. ot the plaintitt that he is not an appropriate role aodel tor the child. c. IXCLUSIVI POBBI8BI01 18. The hoae which the plaintlft i. liking the Court to order the detendant to stay away tro. i. owned in the naae ot Jeanne Schwart.. 17. The detendant i. living at hi. own re.idence located at 752 State Street, LelDyne, Pennsylvania. " , D. STATUS TO PROCBED IN fORMA PAUPIIIS ~ \ 18. The detendant i. uneaployed. 19. The plaintitt i. eaployed at Boring Soil and Te.ting Coapany and ha. a Iro.. weekly .alar, ot approxi.atel, $300.00. 20. The plaintitt does not have tund. available to pay the teee tor tilin, and .ervice. ., IIHEIlEFORE, pureuant to the provi.ions ot the "Protection tro. Abu.. AC"t" . , ot October 7, 1978, 23 Pa.C.S.A. Section 6101 J! 1J9., aa ..ended, the plaintitt pray. thi. Honorable Court to grant the tollowing reliet: A, Grant a Teaparary Order pureuant to thf' "Protection tro. Abule Act": 1. Requiring the detendant to retrain troa abuling the plaintitt or placin. hPf in tear ot abule, ;, , i II. " , --- , -. . - _"'. -....... ,,,.. ..............,...... -- -'" 2. Requirin, the defendant to refrain fro. havln, an)' contact with the plaintiff except to f.cilit.te custody of their .inor child. 3. Requirin, the defendant to refrsln fros enter in, the plaintiff's place of eaployaent, fro. stalkin, the pl.intiff, and fro. h.ra.ein, the plaintiff or her relatlves. 4. Orantin, .lIapar '.r, custody Ilf the ainor child t.) the plaint! ff. 5. Order In, the defendant to at.y away fro. the reaidence located .t 112 Lawrence Lane, Carlisle, Penne,lvania. 6. Orderin, the defendant to et., aw.y fro. any reeidence the plaintiff say in the future establish for hereelf. 1. Orderin, the defendant to refrain fros d....in. or destroyin, .ny propert, owned eolely by the plaintiff or any property owned Jointly by the parties. B. Schedule a hearin, in accordance with the provisions of the "Protection fro. Abuee Act," and, after auch headn,. enter an order to be in effect for a period of one year: 1. Requirin, the defendant to refrain fro. abuein, the pJaintiff or placin. her in fear of abuse. 2. Requirin, the defendant to refrain fro. h.vin, any contact with the plaintiff except to f.cilitate custody of their .inor child. 3. Requirln. the defendant to refrain froa enter in, the plaintiff'e place of eeploy.ent, fro. stalk in. the plaintiff. and fro. harae.ine the plaintiff or her relatives. 4. Order in, the defendant to et.)' away fro. the residence lqcated -.-.-..., ....~.......",......,...."....."' .. at 112 Lawrence Lane. Carllale. Pennaylvania. 5. Order In, the defendant to atay away fro. an, reaidence the plaintiff aay In the future eetabliah for heraelf. 6. Orderin, the defendant to refrain fro. d..a.in' or deatroyin, an, property owned aolely by the plaintiff or an, property owned Jointly by the partiea. The riaintiff furth.lr eak" that thie I'eti tion be tiled an.: aernd without payaent of coate. pendin. a further order at the hearin,. and that a , i,ll copy of thia Petition and Order be delivered to the Pennaylvania Pollee Departaent aa the Police Departaent with Juriediction to enlorce thia Order. The plaintiff pra,a for euch other relief a. aa, be Juat and proper. COUNT 11 CUSTODY UNDRR PINNSYLVANIA CUSTODY LAII 21. The alle,ations of Count I above are incorporated herein .. il "if fu 11, set forth. 22. The beBt interests and peraanent welfare of the child will be served b, award in, custody to the plaintiff as set forth in Para,raph 15 of the Petition. I" . I IIHEREFORE, pursuant to 23 P.S. gg 6301-5366, and other applicable rules and law. the pl~intiff prays this Honoral,le Court to award custody of the .inor child to her. ,I' The plaintiff pra,s for such other relief ae aa, be Juet and proper. Respectfull, aub.itted. " ) , C'.- , ,(( I. \ - ,,' _.f...... ./ r Jban Carey (J Attorney for Plaintiff LEOAL SERVICES, INC. a Irvine Row Carlisle, PA 11013 (111) 243-9400 h, . 1_t ' ...... _~. """"__ ,,,,,,,,,,~"""',,p_~"'''Il\'W'''''''''''''''''''''''''''''"''''-''~-' . . . The abov.~n...d plaintiff. lath, L. Mill.r, verili.a that th. Itat...nta .ad. In the abov. Petition are t.rus and correct. The plaiutiff understands that fal.e etate..ntl herein ar. .ade lubJect to the penalties of IS Pa. C. 8. Section 4104 relatin, to unlworn falsification to authoritiea. DI\tel_J:i(L oc) ~.11U It'-;7 1ll LR.A Kathy ~l.r. Plaintifl - I P' ~~ "''i u.~:;):! 0,&0% .::of,,)~ ~..,%C;'J O~'..&_ ~ '.: ~ "l;" 1..':1'.. ~ l;z: ~j'.'\,....;~ ..II.j~ltJ .....;':.:r.lJ.. :;.> ~c.." ~ ~\f) ~ ~\ \r) '" 3t . E ::; (Y) ~ A "'<) I'('"') :I ~~ ~ "\I I" ~ ~ V<l -........ -- ~ ~~) \;)L '~~)- ;',( ",;.- ~ t,:ti' ";',. 1',1 'f-~;: I ~i~j~ I ~~'- ,ii!J ,. .f, ,~ ~j d .;,';) 'i ;~iil ","1 . . . I CIVIL ACTION. LAW CUSTODY/VISITATION CIlABLES E. )In.1 .RB. pLAJNTB1'F V. IN mE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY. PENNSYLVANIA : NO. 84-8289 CIVIL TERM KATHRYN L. .,n.1 .RB, DEFENDANT QERTIFIC.-\TE OF SERVICE 1, GInny Mueey, hereby certify that a true and cQrrect copy of an Order For Modiflcation of CUltOdy and Petition for Modification of Custody Order, in the above captioned matter, wu duly aerved upon counsel for the Plaintit\', Charlel E. Miller, by depoliting it in the U.S. Mail, regular delivery, on October 14, 1997. addrellBed u Collow.: Mark Locke Family Law Clinic 45 North Pitt Street Carlille, PA 17013 I hereby verify that the statements made in the foregoing are true and eorrect. I underltand that falae Itatements herein are made subject to the penaltie. of 18 Pa.C.S, Section 4904, relating to unsworn falsification to authorities, Dated: October 14, 1997 / .,/ I " -- 1.0 r-: cr. ..~ .' I-- C.,! ::.-; " I' l(~ t"'i ~:: (3,- d::.,-' ~: Ii,,: r I:~j ~~: ".0 ". li!' ,- t::!] c., ')0.. I U L~, ,.. ~j 0 0"\ U . , ' i I I' ,.., , 'I " CHARLIS I. MILLER, : IN THE COURT or COMMON PLIAS plaintiff CUMBERLAND COUNTY, PENNSY~VANIA v. KATHRYN L. MILLER, Defendant 94-6289 CIVIL TERM IN RE: AGREEMENT proceedings held before the HONORABLE KEVIN A. HESS, 3., CUmberland county courthouse, carlisle, pennsylvania, in Courtroom Number Four, 3anuary 8, 1998. APPEARANCES: MARK LOCKE, CERTIFIED INTERN family Law Clinic, For Plf. SAMUEL W. MILKES, ESQUIRE for Defendant " 1 2 3 4 5 6 January 8, 1998 carliale, Pennaylvania (Whereupon. the following proceedings were held after rec~sa at 11:34 a.m.) THE COURT: All right. I am going to say how 7 we are going to resolve this. I am not going to sit up here 8 and muddle through a court order, but I will aak that it bG 9 tranacribed and reduced to a court order just so people will 10 know what will happen when they leave here today. 11 The order will provide tor the next two 12 viaitations. I believe we are agreed that the tather 13 visits, 1 think not this coming weekend but next; that the 14 visitations would be for half a day on sunday, and then tor 15 the next month they will be for a whole day on Sunday. So 16 it would be sometime earlier on Sunday morning to the end of 17 the father'a visit with Joseph. ( Then we would propose to move to saturday at noon to Sunday p.m. tor -- and t am not sure il in my mind 18 " 19 20 yet if 1 would do that tor two, maybe tor four, t have to 21 think about that, with the idea that eventually -- a~d here t, 22 we are talking, now, one, two, three, perhaps as long as 23 tour or five months trom now, which is getting ua close to , , V: 't\~ , ; \, I;,ll ~ .~. 24 25 the summertime, Friday to Sunday with Jennifer. In the mean time, however, we will give the ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 \ f ,I r mother -- well. both partie., actually, but with an idea alone that appears chietly with the mother -- opportunity to be heard Thursday, March 5th. 1998, at 11100 a.m. But the order will also contain an inetruction to counsel to conter not less than one week prior to the hearing date so that they can advise me as to whether a hearing is really necessary. It could be that, perhaps, things will have gone better than we expected, and a hearing is not necessary. It could be that things will have gone worse than expected, in which cas~ a hearing will be neceesary. The order will also provide that this matter will be monitored by a protessional retained and paid tor by the mother and his name, Mr. Milkes or her name? MR. MILKES: Richard Dracha, D-r-a-c-h-a. THE COURT: And as I noted in chambers, we all go into this understanding that Mr. Dracha has a concern with respect to alleged patterns ot violence in the paet and wishes to work with the tather, and in fact, to help both parties work through any concerne there might be about this expanded time with Jenniler. And ~t course he will need to have contact with the lather, and we expect Mr. Miller to cooperate with him and to Deet with him. And hopetully, 11 he is able to provide sume Bound advice, to tollow it. And we look then 3 1 to hearing fru. Mr. Dracha, if nece..ary, at our March 5th 2 hearing or at any other time, Mr. Milkes. betore that, it 3 you feel that something is goin9 amiss. But in term. of 4 whether there is a problem that has developed, I urge both 5 parties not to bring anything in tront ot me in the next two 6 or three months in connection with this case, unless the 1 matter i. truly ot significance. 8 I think dad's made some changes, and I think 9 he is turning around, and I think his desire to visit with 10 hi. daughter and be with his daughter is genuine, and my 11 intention is to give him the opportunity to be with both of 12 hi. children. 13 We will in addition consider a schdule of 14 alternating holidays, and perhaps we can use that March 5th 15 date as our target for proposals Irom both sides concerning 16 summer partial custody. 11 18 to add? okay. Now, what else do counsel feel we need 19 MR. LOC~E: We discussed the Tuesday nights. THE COURT: Oh, yes. Tuesday, ths Tuesday nights. Mom appears to be desirous that father take 20 , 1 i 21 22 re.ponsibility for more 01 the transportation, and he has 23 just told u. on the stand that ha i. willing to. The way to t, , ~ ~ do that on Tuesdaye would be to pick up the children from day care, but not earlier than 4:00, because if he does 24 25 ~ " , \ I , , i I 'I, t" ~' '," L'-'. ~ 1 that. mom will los. her day care subsidy, which w. don't 2 want to se. happen. And w. will b. in agreem.nt that he 3 will bring the children back by -- 4 5 MR. LOCKE: 8:30? THE COURT: 8:30? 6 MR. MILKES: Well, I thought the court order 7 .aid seven ~- 8 THE COURT: 7:30 sounds good with a 9 thr.e-year-old. That is a littls better. 8:00? 10 11 12 MR. LOCKE: 8:00. 13 THE COURT: Okay. We'll make it 8:00. MR. MILKES: Judge, the only other points I had. I did believe -- and that the Court has spoken eomewhat 14 to the transportation. but -- that Mr. Miller was to begin 15 16 as.umming responsibility for transportation generally. THE COURT: He picks up the children on Friday. Am I correct? MR. MILKES: That's right. THE COURT: And she can pick up ~he children 17 18 19 20 from him on sunday. So then the issue becomes -- I think he 21 can plck up Jennifer, can he not, during those intorim weeks 22 when -- I am just trying to think Irom the child's 23 standpoint whether it ie better that she be picked up or 24 better that she be dropped off. My child psychology is not 25 that good. Maybe Dr. Dracha has a thought about that? Ve., 5 1 air. 3 DR. DRACHA: I think it would be good if the 3 mother could pick her up. 4 THE COURT: At the end. 5 MR. DRACHA: Yeah, at the end. If they are 6 going to work together on this. I think that's good. 7 THE COURT: I think that'. fine. Normally 8 speaking the parent who i. going into cuetody is responsible 9 for the transportation, but in this case we have the unuaual 10 situation of a child being picked up part-way through, and 11 we will let ~ad assume responsibility for that. 12 MR. LOCKE: Your Honor, we would like a 13 specific setting for the transportation. If he has to piCk 14 them up Sunday morning, that would be at her home. We would 15 prefer a neutral site where there are people around on 16 Sunday. 17 THE COURT: Is there a place nearby, near 18 Louther Str.et? 19 (Discussion between counsel and parties off 20 the reoord.) 31 MR. LOCKE: Where is the pick-up point on 32 Sunday morning? 23 MR. MILKES: We may have to have 80m. further 24 di8ouesion on that. Nothing is immediately coming to mind 25 on our .nd. 6 1 MR. MARRITZl Ther. i. a Harde.'. right down 2 the .tre.t. 3 MR. LOCKE: Harde.'e? 4 MR. MILKES: But the Tu.sdays would be hi. 5 re.pon.ibility both ways, to my understanding. 6 THE COURT: I think we can be und.r.tood on 7 that. 8 MR. MILKES: And I don't know that it's 9 nec..8arily part 01 the order, but I did under8tand 10 Mr. Miller was going to be expected to be participating in 11 the.e -- in thie program that he'e begun to enroll in. 12 THE COURT: Oh, ye8, that'8 the other thing. 13 He'. already directed by the Court Order to do the 14 batterer's program, and that will be one of the other things 15 we will be monitoring, whether he i8 following through. 16 Though I recognize that it i8 really a collateral matter, 17 but it very much bears on the mother's concern8. 18 MR. LOCKE: The only other iS8ue, just the 19 in8ide/outeide debate at the Fox's Market. You might be 20 uncomlortable putting it inside of the market itself. It 21 that'. the ca8e, then there is a bench right in the rear 22 entrance of the Fox's Market. II you could make that the 23 place. 24 THE COURT: They do 8uch little bU8ine.s that 25 there i. nobody in the parking lot? 7 I' \. ~\ r I i'.' ~:'.'I'." .", , ~ l' ',< 10 /, 11 12 13 ''I '\ {I i,' 14 I. I ~ . I j t.", 15 16 17 18 l1? II}' f- , , \ -'Il, '1\( ," " ;(;./ 'I, ~. .~, 1'1-) '; ~ 20 :l1 ;U :l3 24 25 I~ , ,I I, "~I ~\" " , , 'I:" 1 MR. LOCKS I It i. a .mall market in a sleepy 2 town. 3 MR. MILLER: It happen. in spur.. So.e day. 4 are busy. So.e day. they are not. 5 6 MR. MILKES: We wUl .ake it at the benoh at the Fox'. Market. MR. LOCKE: And at Hardee's, do you want to set a spot there? MR. MILJ<ES: Table number two. THE COURT: Hardee's has very large window., 7 8 9 and there i. nothing that would take place in the parking lot ot Hardee's that wouldn't be seen by a lot at people. MR. LOCKE: Thanks, Your Honor. THE COURT: Mr. Dracha, we will welcome any input and any assistance. MR. MILl<ES: Were we going to clarity the day care center record. issue? 19 order that any THE COURT: Oh, yes. I will also put in the that the schools and day care authoritrie. are authorized to provid$ all intormation concerning the child to the lather. MR. MARRITZ: Can we include medical prolesBionals? THE COURT: And medical and other prolesBionals. . . " 3 3 4 !5 6 7 S 9 10 11 13 13 14 15 16 17 18 19 30 31 33 ~-~:i ' 23 " t. 34 ~ MR. MARRITZI Thank you. Your Honor. THB COURTl Sur.. (Whereupon, the proo.edinv. adjourned.) CKRTIFICATIl . . I hereby c.rtity that the proce.dings are cont.ined fully and accurately in the not.. tak.n by .e on the .bov. cause and that this is a corr.ct transcript at ..... ~ \~ ::Ai - .- K. Troutman, RPR Court Report.r * * * Th. tor.going record ot the proce.ding. on the h.aring of the within mauter i. h.reby approved and dir.cte4 to be fU.d. dLW. II _1liL ~ -/Ji A. H.... J. Judicial Di.trict 10 '" FllED-OFFlCE Or T'/= :i'nn, 'I"''''T.^MY If, . ,,'" I '_"" I "'11 98 JMI/5 FIi~: 23 " , CU^"I' "l" ""INITY I'''',~ ::, "'" ' LU~ ' PcM~]IL\\~:IJ!A " , . (}"A'\C'~ ~,~\ \\e r Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. : PENNSYLVANIA v. . \:::.~\ L., \-\ \ \\ e r Defendant : CIVIL ACTION LAW ; NO.@~O\ CIVIL 19 Cf-\ : CUSTODY VISITATION ORDER OF COURT And now, this 1\ \~\ DO , upon consideration of the attached complaint, it is hereby directed that the above parties and their res~t;ctive counsel appear before Jlb-r -\X. (')\ \ t ~ Esquire, the conciliator, at-\k L~~~, C\Jl~IIDc\.((\ ~L-,- ~ PeMsy1vania, on the .~'S day of t.-": ~."') ,2000, at \\J' .; 0 & P.M., for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HA VB A LA WYBR OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 OF 7.:ptW$;.t!Ci: ., ',VtJT4/1Y ,00 .IAN 20 NI/2:!j9 ,CUMiil::hvif\,' , PENNSJ:M~~UN7Y /',,)t'a? ~;(~~ IJt~/ ~ ~. ~ I~'a? "7'~ A~ ~H. J.dtJ.aJ t~ ~/ ~.. ,v,~~ , ',. , I ' .. . JAN I 8 1.0U~' (p . ~. CHARLES E. MILLER. PlaintilT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYL VANIA v. . CIVIL ACTION - LA W KATHY L. MILLER, Defendant : NO. 94-6289 CIVIL TERM NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for parlial custody. If you wish to defend againstlhe claim set forth in lhe following pages, you may bUl are not required to file in writing with the court your defenses or objections. Whether or not you file in wriling with the COUrl your defenses or objections. you must appear in person in court on , at . M., in Courlroom of the Cumberland County Court of Common Pleas, Carlisle, Cumberland County, Pennsylvania. IF YOU DO NOT APPEAR IN PERSON, THE COllRT MAY ISSUE A WARRANT FOR YOUR ARREST. Ifthe court finds that you have willfully failed to comply with its order for partial custody, you may be found in contempt of court and committed to jail. fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. If YOU DO NOT HA VE 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 Counly Bar Association 2 Liberty A venue Carlisle. Pennsylvania 17013 (717) 249-3166 ~ (';IS \S)l BY TUE COURT: J. I" Date: CHARLES E. MILLER, Plaintitl' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : CIVIL ACTION - LA W KATHY L. MILLER. Defendant : NO. 94-6289 CIVIL TERM PETITION FOR CIVil CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER The Petition of Charles E. Miller respectfully represents: I. That on June I, 1998, Judge Kevin A. Hess entered an Order awarding Petitioner, Charles E. Miller, partial physical custody of the minor children, Joseph Miller and Jennifer Miller. A true and correct copy of the Order is attached to this petition. 2. The Order was entered pursuant to an agreement reached between the parties wilh regard to custody of their children and sets out the following circumstances under which petitioner is entitled to have partial physical custody of his children: a) on alternating weekcnds betwcen 4:00 P.M. on Friday and 5:00 PM. on Sunday; b) on Wednesday evenings from 4:00 P.M. unlil8:00 P.M., providing that petitioner can secure transportation; c) on Easter, Memeorial Day, Thanksgiving, and Jennifer's birthday from 9:00 A.M. until 6.00 P.M, on even numbered years; d) on labor Day, New Year's, Independence Day, and Joseph's birthday from 9:00 A.M. until 6:00 P.M. on odd numbered years: e) on Father's Day from 9:00 A.M. until 6:00 P. M. l) on Christmas, petitioner and respondent alternate custody; they began with the Christmas of 1998. whereby mother received cuslody from 12:00 noon on December 24'" until 12:00 noon on December 25'h; l\lther received cuslody from 12:00 noon on December 25"\ until 12:00 noon on December 26'h; g) during the summer for lhrce two-week blocks. 3. The Order sets lorth the Ii.lllowing with respect 10 transportation: a) pick-ups in Carlisk shall occur at Hardee's; b) pick-ups in Dauphin County shall occur at the entrance to Fox's Markel. 4. Though the Order docs not expressly state, petitioner indicated that previously, under the Order, he picked up Joseph and Jenniler for weekend custody on Fridays at 4:00 P.M. at the YMCA in Carlisle; the Hardee's pick-up location in Carlisle was used lor the 8:00 P.M. pick-up on Wednesday evenings and the Fox's Market pick-up location in Dauphin County was used for the pick-up on Sunday evenings at 5:00 P.M. 5. Respondent, Kathy L. Miller. has willfully failed to abide by the Order in that: a) petilioner was incarcerated from Sl:ptember 2. 1998. until July 2. 1999, for violating a Protection From Abuse Order granted on behalf of the respondent; b) during his incarceration, petitioner tried to maintain contact with his children through correspondence, but respondent refused her children access to the letters; c) afier serving his penalty for violation of the PFA, petitioner desired to begin again to enjoy partial physical custody of his children, hut was apprehensive about having any contact with respondent in light Ill' his recenl incar..eration; d) in the interest of heginning again to share time with his children, petitioner contacted the f'amily l.aw Clinic on September 12, 1999; e) the ~'amily l.aw Clinic al!reed to represent petitioner in this custody matter and . . contacted respondent's prior attorney in order to n:-establish partial physical custody for petitioner us prescribe~\ by the Order; t) upon learning that respondent was not represented by her former allorney. respondent was contacted by the Family Luw Clinic; g) the Fumily Luw Clinic, on bchalfofpetitioner. gave respondent reasonable notice by telephone on November I), 11)1)9, and by currcspondence November 10, 1'>99, of petitioner's imention to exercise partial physical cuslody of his children, Joseph und knniti:r, beginning Friday November II), 11)99 and ending Sunday November 21, 1999. pursuant to the Custody Agreement and Order entered by the Court on June I, 1998; h) on November 16. 1999. respondent called the Family Law Clinic and requested that the Family Law Clinic speak tu her counselor, Michael Klein. aboul her concerns over the children beginning to see their falher again. i) the Family L:\w Clinic agreed to call the counselor, but indicatt:d to respondent that pelitioner still expected to pick up his children on November 19, 1999, at 4:00 P.M. j) on November 17, 1999, the Family Law Clinic spoke with the counselor about respondenl" concerns over the children scein~ their father again; k) on November 18, 1999, petitioner was notitied oflhe respondent's concerns bul indicated his desire 10 have cuslody of his children on the weekend of November 19. 1999. I) on November 18, 1999, Ihe Family Law Clinic tried bUl was unable to contact respondent at home to remind her uf her dUly 10 make lhe children available at the YMCA on November 19, 1999; m) on November 19, 1999, the Family Law Clinic again allempted but was unable to contact respondent al work to remind her of her dUly 10 make the children available at the YMCA on November 19, 1999; I) after re~eiving reasonable noti~e ofP\ltitioner's intenttu e"er~ise partial physical , custody of his children pursuant to the Order, respondent. without givinll notice or reason to petitioner or petitioner's counsel, failed to ~omply with the Order by failing to make the parties' ~hildren available to petitioner at the time und lo~ution pres~ribed by the Order, WHEREFORE. Petitioner requests thut Respondent be held in .:ontempt of court. Date:r.IJ.,l()'J(J ."""~ ~/);(', Michael B. Bogusll Certilied Legallntem Date:~ 1kff11 r'1 k THOMAS M. PLACE ROBERT E. RAINS Supervising Attorney DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle. PA 17013 (717) 243.2968 " " " , ~ I , VERifiCATION I ""ry "" ..._ ..... """ '-"" ,..11100 '" ....... """". ,......- "" .,.. ......... ",,,in'" ..... "hi'" In'" "".11'" 0' 18 ...C.S. , .... ",."" In unsworn falsification to authorities, ~g,\ f\ ^ 00 l\ f" "vv.;UQ/I(};a Petitioner U Date:Q1 t:lec:..~ 1 )': , , Ii 1 !.l,' [{I,:, ~'I i if il\'I'H ~'II '~I ~(;, ....lir,1', r,W'" L;; ~JJ,'..j'" ~t: :~ 'I I" (:'~' ~i ' 1 I' 1," . ,I " ~ Q ~ ~ ~2 & 11' :c a.. 9. ..... N ~; ~ , ~; ;P. ~ 00:' ;. ., ; ~ 8 " , , CHARLES E. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, :PENNSYL VANIA v. : CIVIL ACTION. LAW : IN CUSTODY KATHY L. MILLER. Defendant : NO. 94.6289 CIVIL TERM CERTIFiCATE OF ~ERVICE 1, Michael B. Bogush, Certified Legal Intern, Family Law Clinic. hereby certify that I am serving a true IInd correct copy of lhe plaintiffs Petition for Civil Contempt for Disobedience of Partial Custody Order on the defendant. Kathy L. Miller, by depositing the same in the United States mail. first class, postage prepaid, on the 26th day of January, 2000, addressed as follows: Kathy L. Miller, 141 East Louther Street Apt. #1, Carlisle, Cumberland County, Pennsylvania 17013. ) \ "'/ Michael B. Bogusfi . ,.' Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717)243.2968 " ~.. ~. E:: - (l~ ~ ["" t/.'. f:. ~..1...~ , ('~; -" (),~ \.!\'.'. " ~~.~ , ", ,"~ ./.., U. . 0.. 1--' ~;:\ (:-i' ,'~ ,,' . ,,", '(,'1 '",' - L'n l...' j':,....- .-' Co' j\IIJ -' 1.;- , Lt.! ,,1~1 L:'- ..... ,'J. , ~.~ ~) , .; '.::-, 0 APR 0 3 zoootfl CHARLES E. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 94-6289 CIVIL IN CUSTODY v KATHY L. MILLER., Defendant !;OVRT 9RDER .+ ., AND NOW. this ,/' day of~, 2000, upon consideration of the atlal:hed Custody Conciliation Report, it is ordered and directed as follows: I. The Father, Charles E. Miller, shall participate with the two minor children in counseling sessions at Tressler Counseling Services under the direction of Mr. Michael P. Cline. The Mother shall cooperate with these sessions and insure that the children are available for the required sessions. The intent of these sessions is to reacquaint the Father with the two minor children. It is desired that at least two sessions take place before April I Soh so the custody order set forth below can be implemented. The evaluator is hereby authorized to share all infonnation conceming the evaluation with both parents and legal counsel for both parents. Costs of the counseling session shall be paid SOISO by the parties subject to the parties only paying costs that are not reimbursed by insurance. 2. The Mother shall maintain primary physical custody of the minor children. The Father shall have periods of temporary physical custody on Saturday, Aprill Soh from noon until S:OO p.m. and on Saturday, April 22nd from noon until S:OO p.m. Father shall advise Mother of his address and phone number prior to initiating any custody with the children and Father shall advise Mother of where he intends to take the children during his period of temporary physical custody. Father shall handle all transportation for exchange of custody. Exchange of custody shall take place in front of the Borough of Carlisle police station on West South Street in Carlisle, 3. The parties shall meet with the Custody Conciliator for a second Conciliation Conference on Wednesday, April 26. 2000 at 8:30 a.m. 4. In the event the counseling sessions are unable to be scheduled in advance of April 1 Soh or in the event Father initiates contact with the children and cil\:wnstances develop that necessitate the Conciliator reviewing this case again. counsel for either Jl8llY may contact the Conciliator to schedule a telephone conference call with the Conciliator to review those developments. ('- ~ir F! p, OiT,GE . ,," ,r:~.lorftR'( '\ " 00 ^pP -\, W 10: :;0 " " CVMlh,J, ib COUNiY PENI'lSYLVANI^ , , " ' :,...,.... , " 5. Assumilli Father participates in the mentioned counseling and usumina the short periods of temporary custody set forth above proteed without si8Jliftcant problema, ills the hope that Father's periods of temporary custody will be explllded In the future IS the parties continue to work out an qreement on a permanent order of custody. BY THE COURT, ,4;..[ cc:: Michael B. Boaush Family Law Clinic J. Muy Ann Murphy, Esquire Lep! Services .i> ~ ~~~ 0 Lff q-~~ CHARLES E. MILLER, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA CIVIL ACTION. LAW NO. 94-6289 CIVIL IN CUSTODY KATHY L. MILLER, Defendant Prior Judie: Kevin A. Hess IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersilllled Custody Conciliator submits the tbllowing repon: I. The pertinent infonnation pertaining to the children who are the subject of this litigation II as follows: Joseph M. Miller, born October 19, 1991 and Jennifer Hailey Miller, born April 4, 1995. 2. A Conciliation Conference was held on March 31, 2000, with the following individuals in allendance: The Father, Charles E. Miller, with his counsel. Michael Bogush, of the Family Law Clinic; and the Mother, Kathy L. Miller. with her counsel. Mary Ann Murphy, Esquire. 3. Based upon the history of this case and the Conciliator's strong recommendation, the pertiel agree to a temporary order in the form as attached. ~~ ~ Huben X. Gilroy, E Custody Cancili , . AP'U4~ . CHARLES E. MILLER. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 94-6289 CIVIL IN CUSTODY v KATHY L. MILLER. Defendant ~ AND NOW. this ~:.. day of April. 2000, upon consideration of the attIChed Custody Concililllion Report. it is ordered lUld directed as follows: 1. The Father's temporary visitation as set forth in PlIII\&!8Ph 2 of the April 4. 2000 order is suspended. The Conciliation Conference scheduled tor April 26, 2000 III 8:30 a.m. is cancelled. 2. A Concililllion Conference will be held on Friday, May S, 2000 al 8:00 a.m. The purpose of that Conciliation Conference shall be to determine what ~ III the counselinll sessions that Father has scheduled for May I" and May 4-, The Conciliator shall also discuss the possibility of initialinll the Father's temponry custody with the children to commence on May 61to. BY THE COURT. ce: Michlel B. Bogush FII11i1y Law Clinic Mary Ann Murphy, Esquire Lep! Services . A, J. A.Hess _~ ' n 1 ~ -I'~ 'I-J? -00aRK5 . I " ~.~ , ' 1.. , .~<<t " , 'I ... ,'r; \,) ...:J' E ~. ;:,~; ~~~ : " " ':-of ~ ("I ,) ~';~J "ii , ". '-. ',.1 . 'Ir;.! !n,~ .." :~ i 'J CHARLES E. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO, 94-6289 CIVIL IN CUSTODY v KATHY L. MILLER, Defendant Prior Judge: Kevin A. Hess IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19I5.3-8(b). the undersigned Custody Conciliator submits the following report: I. The April 4, 2000 Order of Court in this matter contemplated the Father getting involved in counseling sessions with the children. UnfortWUltely, the Father was unable to schedule counseling sessions until May 1'1 and May 411I. Once the cOWlSCling sessions were postponed, the Conciliator has a telephone conference with the attorneys to detennine if the Father's periods of temporary custody to start on AprillSdl would continue. The Conciliator recommended that the parties proceed under the existing order. 2. The Conciliator conducted a telephone conference call with attomeys for the parties on April 18.... He learned that the Father did not appear as scheduled for his visitation on April I Soh. Father's counsel suggested that Father's car broke down. However, Father did not call the Mother (he said he has a PF A order and he was afraid ofany contact) nor did Father call the police station where the parties were suppose to exchange custody. Furthennore. it is believed that the Father did not make any elTorts to immediately contact his counsel on Monday to get this issue resolved. The Mother has serious concerns about going ahead with any visitation pending the counseling sessions. There is a session scheduled for May I" and May 4"'. 3. The Conciliator recommends an order in the form as attached. v/I,/I/O DATE X. Oil , Esquire Custody Co Jliator " ~. I, ~ 'i '" CHARLES E. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY L. MILLER, Defendant . : NO. 94.6289 CIVIL TERM CUSTODY AGREEMENT AND ORDER THIS AOREEMENT, made this .;l1~' day of May, 1998, between plaintiff, Charles E. MUler (father), and defendant, Kathy L. Miller (mother), concerns the custody of the parties' children: Joseph Michael Miller, born October 19, 1991 and Jennifer Hailey Miller, born April 4.1995. Mother and Father desire to enter into an qreement lito the custody of the children and to have this ..reement made an Order of Court. Mother and father ..ree to the fOllowin,: 1. The parties shall share leaal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of Joseph and Jennifer Miller on a1tematin, weekends, between 4:00 P.M. on Friday and 5:00 P.M. on Sunday, be,innin, Friday, June 5, 1998. In the event father is able to make transportation arraRaements, Father shall have partial physical custody on Wednesday evenin,s, but no earlier than 4:00 p.m. and shall return the children at 8:00 p. rn, 4. Father shall have holiday custody with Joseph and Jennifer Miller as (ollows: a) On Easter, Memorial Day and Thanks,ivin, (ather shall have custody from 9:00 a.m. until 6:00 p.m. on even years. b) On Labor Day, New Years, Independence Day, fathef shall have custody rI ;';.(":}.i:....:;.. I. , "'r"! ,'.1. (}",' 1I1~1.. .~.' . ;1 ~" _ j t w ""17 4.~ , el.l:, i ..:,\'/ .: ~ 'f/ I.", , '-...:/If\( , , from 9:00 I.m. until 6:00 p.m, on odd years, c) On Father's Day, father shall have custody from 9:00 a.m. until 6:00 p.m.. On mother's Day, mother shall have custody from 9:00 a.m. until 6:00 p.m.. d) On Christmas, Father and Mother each year shall alternate custody periods. One parent will have custody of the children from 12:00 noon on December 24th until 12:00 noon on December 25th, and the other parent will have custody from 12:00 noon on December 25th unIiI12:00 noon on December 26th. To beain the schedule in 1998, mother shall have the period from 12:00 noon on December 24 until 12:00 noon on December 25th and father will have custody from 12:00 noon on December 25th until 12:00 noon on December 26th, e) On Jennifer's birthday, father shall have custody from 9:00 a. m, until 6:00 p.m. on even years. On Joseph's birthday, father shall have custody from 9:00 a.m. until 6:00 p.m. on odd years, 5. With respect to summer custody, father shall have six weeks custody with Joseph Miller over the summer, in two-week blocks. excluding the week beainning June 19, 1998, provided that father livts mother thirty days advanced notice of the intended time periods. 6, For the summer of 1998, father shall have custody of Jennifer Miller durina the providing the first week second week of father's first two-week block with Joseph Miller, Thereafter, ~ather shall have with Jennifer custody with both Joseph and Jennifer durinl the remaining two, two-week blocks, If, after g~S~;;~' father's first week with Jennifer, the pi'lrties are not in agrcment th.,t the first weeke" 1'1 with Jennifer went sufficiently wcll to prOClJed with the remaining tJ.O(' two-week blocks as set forth above. the parties sr~ll schedule a conference with a Judge to resolve this. 7 For the summer of 1998, father hereby c1esianates the followinlthrce, two-week 2 ~--\\\\ ct M blocks: June ~..18 at 5:3Op.l\1.,July 17 throueh July 31, Auaust 7 throuah Auaust 21. 8. IleJlnnlna in the summer of 1999 and thereafter. father shall have six weeks custody with Joseph an4 Jennifer MlI1er over the summer. in two-week blocks, provided that father aives mother thirty days advanced notice of the intended time periods. 9. With respect to transportation, the plaintiff, Charles E. MlI1er, shall pick up the children on Friclay and the defendant, Kathy L. Mll1er. shall pick up the children at the end of the weekend on Sunday. Pick-ups in Carlisle shall occur at the Hardee's Restaurant on North Hanover Street in Carlisle. Pick-ups in Dauphin County shall occur at the entrance of the Fox's Market. u heretofore. 10. Mother shall promptly provide father a copy of her medical insurance coverqe of the children for his use in the event of any medical emeraency. 11. The parties aaree that this Stipulation will be entered u 11\ Order of Court an4 < wi\1 continue in full force and effect until further aareement or Order of Court. 12. As evidenced by their slanllures below, the parties do hereby Intend to be bound by the terms of this Alreement. 5: (~-1- C{r\ Date (- ~~e~.uJk~' ' Charles Miller, Plaintiff ,~ / 71?cvJv /;;:7"'<-r MartC.Locke Certified Lela! Intern ''ff/ .~ '{' /J /jAi!({ t( U .I(7,;.V---- Donald Manitz Staff Attorney Katherine C. Pearson Supervisinl Attorney Counsel for Plaintiff ~ER AND NOW. this ;0. day of :fv-- . 1998, the foreloina Alreemerlt is approved by this COlin and is made an Or<kr. .. , ' ~ N >- -j - 1::- ? f a. ?3~ ~; - ' ,. ~ -.",...-:' ,..,:':i c' <"l .~ '),:.. ~ r.!', 'S'!.,>. ,.. I \L1 e; j-,ll. .:;r , i!: ~ ~~jC, ., ,....\1.- ~ ~ o:l ;~ <1' 8 CHARLES E. MILLER, PlaintilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW KATHRYN L. MILLER, Defendant 94-6289 ORDER AND NOW, this I~' day of January, 1998, after hearing, it is ordered and dim:ted that the father, Charles E. Miller, shall have the same access as the mother. Kathryn L. Miller, to all school. day care and medical infonnation, including but not limited to copies of records, schedules of activities and appointments. and progress reports with respect to the children of the parties, Joseph and JeMifer. BY THE COURT, Mark Locke, Certified Intern Family Law Clinic For the PlainlilT t:>t;..1(.L / Samuel Milkes, Esquire For the Defendant _ C~ ('t'"..:U 1/'5/98. ,oJ (;'. :r1m '" ..~ . CHARLES E. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY L. MILLER, Defendant . : NO. 94-6289 CIVIL TERM STIPULATION AND MOD~n CUSTODY ORDER THE PARTIES, Charles Miller and Kathy Miller, with regard to custody of their minor children, qree that the Order of January 14, 1998 shall be modified to provide as follows: 1. The schedule for altemating weekend custody and artansements for transportation shall remaln as stated in the Order of January 14, 1998. 2. With respect to the father's existins riShls CQncemins partial custody on weekday eveninss, this arrangement is modified to provide that the father may pick up the children from day care on Wednesday eveninss, but no earlier than 4:00 p.m. and shall retum the children at 8:00 p,m. 3, With respect to summer custody, father shall have six weeks custody with Joseph Miller over the summer, in two-week blocks, excluding the week of June 22, 1998, provided that father gives mother thirty days advanced notice of the intended time periods. 4. Father shall have holiday custody with Joseph and Jennifer Miller as follows: a) On Easter, Memorial Day and Thankssivinl father shall have custody from 9:00 a.m. until 6:00 p.m. on even years. b) On Labor Day, New Years. Independence Day, father shall have custody '. from 9:00 a.m. until 6:00 p.m. on odd years, c) On Father's Day, father shall have custody from 9:00a.m, until 6:00p.m.. " 'Ii, " " FILED. OFFICE OF THE F!'nn"GtlOTtRY, 98JMII5 P113t 15 CU'li;['", ''.1' ""'J'.IT'{ 1'/;1..; IIW ,_, ...,\..\:'l P'~''''\'('''I 'I '''1.1\ i:l'll ..11..'d I. ,[ : ' ':' , , ' , , I' 1 , .. , 'I,' , 'I, - t. d) On Chrlstmu, Father and Mother ach year shal1 alternate custody periods. One parent will have custody of the children from 12:00 noon on December 24th until 12:00 . noon on December 2Sth, and the other parent will have custody from 12:00 noon on December 25th unIiI12:00 noon on December 26th. To be.ln tho schedule in 1998. mother shall have the period from 12:00 noon on December 24 until 12:00 noon on December 2Sth and father will have custody from 12:00 noon on December 2Sth until 12:00 noon on December 26th. e) On Jennifer's blnhday, father shall have custody from 9:00 a.m. until 6:00 p.m. on even years. On Joseph's binhday, father shall have custody from 9:00 a.m. until 6:00 p.m. on odd years. S. The parties shall have the opportunity to be heard before the court re.ardin. Mr. Miller's request for additional custody with both children durin. the week and his request for summer visitation with Jennifer at a funher hearin. to be held on Thursday, May 28, 1998. at 9:30 a.m.. Counsel will confer with the court not less than one week prior to the hearinl date to determine whether or not such a hearin. is truly necessary. 6, The panies agree that Ihis Stipulation will be entered as an Order of Court and will continue in fuIl force and effect until further agl'eement or Order of Court. " " , , '. I, 2 Ii ,', !; .~ cu ~ - .. '0' r1' ~1~ - i.) ), ;;r" ':'J ~~~ ~'~ :<i r:J':; , ... C ~y) (' (") c.. 2." , "I'.e !:C',' r' .'~:~ . ~' .r .. :a.: ;;!; ~ 0') ._) III U , . il qi 4 " ~I, " ':1 ~! t ~ i1 'I' ~.- tII ~ ~ < ~ ~ P:l :. ~ ~ ~ ~ ~ z Z ~ ; I ~ ~ e ~ m ~ p = 0 ~ > 0 ~ a; Q., . ~ a raf tII ~ z z 101 ~ S ~ ~ :If ;" III -< ~ . I' . \ I . I .. " FEs.. I , '" ... .' " I' 1'1 l I I' J'I f ~ !'. ~);' " . ,\ / I j I FEll 4 199j." , ". CHAlLBS B. KULIlI. ) IN THB COUIT OF COtItION Plaintiff ) PLBAB OF CUKBlllLAMD ) COUNTY. PBNNSYLVANIA VI. ) ) NO. 94-6389 CIVIL TIlIM KATHY L. KULIlR. ) Defendant ) CUSTODY QU!I!l AlII) JIOlI. tbis I)" day of rd."",,~ ,199~. upon receipt of tbe conciliator's report. it appearing that the partiea have agreed to the teres and provisions of this order wbich was dictated in their presence and approved by tbe. and tbeir counlel. we hereby order as follows: I. Tbe parties shall sbare legal custody of their .inor child. Josepb Kicbael "iller, born October 19, 1991. 3. Priaary pbysical custody of the said child shall re.ain in his BOtber, tbe Defendant. Kathy L. "iller. l. Pending further order of this court, tbe fatber shall have the following periOdS of te.porary or partial custody with the said child: A. Alternating weekends fr~ Friday at 8:00 p... until Sunday at 4:00 p.... c~encing on Friday. January 37. 199~. 8. Every Tbursday evening froe 6:00 p.M. until 9:00 p... Tbe ~ther shall be responsible to provide all transportation for theBe periods of tb. i fatber'l tesporary custody. 4. The provillons of our order of DeceMber 33. 1994, relating to bolidays. whicb are set out In Paragraph 3 of that order, shall continue in effect until ~dified by a I I subsequent order of court, r ;':/.32 I I ~. This order 1s Intended to be teaporary only and the parties and thil court I I recognize It will be subject to review when the parties' new child is born lame ti.. in I I ... ~ late April or early Hay. Accordingly, tbe partiel are directed to appear before th. conciliator for a further conference in this .atter on Tuesday, Hay 33, 199~, at 3:00 p... 6. Tbe father has raised an iSlue regarding the child care provided for JOI~ph, and he deli res that child care to be provided by a child care facility on tbe Veat Shore. He has railed questionl about the quality of the day care tbe child receives in Carlille al well al the logistics of his contact and the .other'l availability to th. child at the Carlisle facility, Tbe mother bas agreed to provide all tranlportation for thil teMporary order in exchange for the father witbbolding further action on that claiM until the .atter can be addrelsed furtber at the conciliation conference in Hay. , Accordingly. all provisions regarding day care and tnnlportation are dee.ed to be relolved only te.porarilY and eacb party is free to raise those issues further. if they ChooBe to do 10, at I hearing before tbil tbe conference before the conciliator or before any lublequent court. Accordingly, the day care for tbe child need not be located in Carliale and tbe transportation of the child need not be provided by tbe MOther after the conference before tbe conciliator in Hay unless the parties so ague or we so order following tbat conference. By the Court. IIIL Joseph J. Dixon, Eaquire Attorney for Plaintiff J. c..,..~u..J W, t:l J ,.r!9.s' .J,. 6'. S.Muel W. Hilkes, Elqulre Attorney for Defendant 11. 3 , ~ \I" , I' , I' I'" . .. CHARLBS E. HILLBR, ) IN THB COURT or ClHION Plaintiff ) PLBAS OF CtJHBIllLAND ) COUNTY, PENNSYLVANIA v.. ) ) NO. 94-6289 CIVIL TERM KATHY L. HILLIlR, ) Defendant ) CUSTODY JUDGIl PRBVIOUSLY ASSIGNBD: The Honorable Kevin A, Hess CONCILIAroR rntmlIIl!NCIl SUtIlARY RIlPOI, IN ACCORDANCB WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURB 19l5.3-8Ib), the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the child who is the sUbject of thi. litigation is as follows: NAME CURRENTLY IN CUSTODY OF BIRTHDATE Joseph Micbael Miller 19 October 1991 Defendant/Mother 2. A Conciliation Conference was held on 20 January 1995 and tbe fOllowing individuals were present: tbe Plaintiff and his attorney, Joseph J. Dixon. Bsquire; the Defendant and her attorney, Sa.uel W. Hilkes, Esquire. 3. Ite.s resolved by agree~ent: A te.porary order to re.ain In effect until tbe parties' next cbild is born. 4. Issues yet to be resolved: Eventually the court will have to deter.ine the custody scbedule for tbis child and the child scheduled to be born in April or Hay. The court will also have to determine where tbe children receive their daycare. I 5. Tbe partie. appeared before .e presenting several proble.s. Tbe ~ther lives lin Carli.le and work. in Harrisburg and has changed the child'. daycare so that tbe I . . child is at the Carlille YKCA during the day. The father lives in Harrisburg and works in C..p Hill but has difficulty traveling to see the child because his driver's licenae il luapended tbrough sQaetiae in early 1995, The tather wanted to expand his tiee witb tbe cbild and wanted tbe daycare relocated to Woraleysburg (wbere tbe cbildcare bad been prior to tbe parties' 1994 separation) so it would be easier for bie to see the cbild and 80 tbe child would be closer to the BOther's place of work in tbe event of an e.ergency. 6. Tbe parties were able to work out an agreeMent for a temporary order to at least get theM through the periOd until the birtb of the second child. That agree.ent was largely necessary because of the MOther's flexibility and her willingneas to cooperate. Tbat order is attacbed and, with the entry of that order, no further action is necessary until tbe parties return to .e for another conciliation conference in late Kay. 13 February 1995 '~~D Sa.uel . Andes - Custody Conciliator " iCHARLB8 B. KILLBR, ) IN THB COURT OF cotltIOH I Plaintiff ) .LIAS or CUKBBRLAND I I ) COUNTy, .INNSYLVANIA v.. I I I NO. 94-6289 CIVIL TBRK : KATHY L. KILLER, I Defendant I CUSTODY .. IIlD 1IOIf. thiB day of , 1995, upon receipt of tbe conciliator's report, it appearing that tbe partie. bave agreed to the te~. and Ilprovi.ion. of thi. order which wal dictated in their pre.ence and approved by th.. and I II their couo.el, we hereby order a. follows: Ii 1. The partiel .hall share leCJal custody ot their .inor child, Jo.eph "icba.l I:"iller, born OCtober 19, 1991. I' :1 I. 2. 'ri.ary phYlical cUltody of tbe laid child Ihall re.ain in hil .other, tbe 'Defendant, Kathy L. Killer. 3. 'ending further order of tllis court, the father sball have the followin9 i 'periodl of te.porary or partial custOdy with the .aid child: A. Alternating weekend. froe Friday at 8:00 p... until Sunday at 4:00 p..., co.enclng on Friday, January 27, 1995. B. Bvery Thur.day eveninCJ froe 6:00 p... until 9:00 p... The IOther shall be relpon.ible to provide all tran.portation for these period. of the tather'. te.porary cu.tody. 4. The provilions of our order of Dece.ber 23, 1994. relating to hOliday., which are set out in 'aragraph 3 of that order. shall continue in effect until .odified by a lub.equent order of court, 5. Thi. order i. inte~ded to be te.porary only and the partie. and thil court recQCJnize it will be subject to review when the partie.' new child il born SOl8 ti.. in 1 ii , late April or .arly "IY. Accordingly. the parti.. are directed to Ippear b.fore the conciliatur lor a further conference in this .atter on Tue.dlY, Hay 23. 1995, at 3:00 p... " 6. Tb. father bls rli..d an i..ue reglrding the child care provided for Jo.eph and he d..ire. that child care to be provided by a child care facility on tbe We.t Bhore. H. bl. rai.ed que.tions about the quality of the day care tbe child receive. in Carli.le I' well a. the logi.tic. of hi. contlct and th. BOther'. aVlilability to the child at tbe Carli.le facility. Th. aoth.r ha. agr.ed to provide all transportation for this teeporary order in exchlng. for the father Withholding furtber action on that clai. until the .atter can be addre...d further at the conciliation conference in Hay. o Accordingly, all provision. regarding day care and transportation are d.e.ed to be i re.olved only te.porlrily and each party is free to rai.e tho.e i.su.. furtber, if they I 'choo.e to do so. at the conference before the conciliator or before any sub.equ.nt , hearing before thi. court. Accordingly, the day care for the child need not be located in Carli.le and the tran.portation of the child need not be provid.d by the BOther after the conference before the conciliator in "ay unle.. the partie. 10 agree or we 10 order lollowing thlt conlerenc.. I' I By the Court, J. Jo.eph J. Dixon, laquire Attorney for Plaintiff Ba.uel W. "ilk.s, E.quire Attorney for Defendant sll pmnts shall meet at the Carlisle police station to transfer custody. S. The holidays of Memorial Day. the Fourth of July and Labor Day shall be alternated between the parents each year. In 2000 and in all even years thereutler. FA HIER shall have Memorial Day and the Fourth of July and MOTHER shall have Lubor Day. In 200 I and in all odd years thereatler. MOTHER shall have Memorial Day and the Fourth of July and FATHER shall have Labor Day. The hours for these holidays shall be from 9:00 a.m. until 6:00 p.m. 6. The parents shall alternate the holidays of Easter and Thanksgiving each year. In 2000 and in all even years thereatler. MOTHER shall have Easter and F ATHER shall have Thanksgiving. In 2001 and in all odd years thereatler, FATHER shall have Easter and MOTHER shall have Thanksgiving. The hours for these holidays shall be from 9:00 a.m. until 6:00 p.m. 7. The Christmas holiday shall be divided into two segments. Segment "A" shall be from noon on Christmas Eve until noon on Christmas Day. Segment "B" shall be from noon on Christmas Day until noon on December 26'h. In 2000 and in all even years thereatler. MOTHER shall have Segment "A" and FATHER shall have Segment "8". In 200 I and in all odd years thereatler, FA HIER shall have Segment" A" and MOTHER shall have Segment "8". 8. The parents shall alternate the New Years holiday each year. When MOTHER has Segment "A" of the Christmas holiday. FATHER shall have from New Years Eve at 6:00 p.m. until New Years Day lit 6:00 p.m. When F ATHER has Segment" A" of the Christmas holiday. MOTH ER shall have from New Years Eve at 6:00 p.m. until New Years Day at 6:00 p.m. 9. Both parents shall have the opportunity to see the minor children on their birthdays. The specilic times shall be agreed upon between the parents. 10. MOHlER shall have the children on Mother's Day and FATHER shall have the children on Father's Day elll;h year, regardless of the usual alternating weekend schedule. The hours shall be from 9:00 a.m. until 6:00 p.m. II. It is the intention of MOTHER and FATHER that they shall eaeh have the opportunity for summer vacation with the children each year. The specilic times and days shall be agreed upon between lhe parents. In the evenl that the parents are unable to agree by February I" . either parent may request another Custody Conciliation. 12, The parents shall share transportation lor custody transfers on FA HIER 's alternating weekends. FATHER shall pick up the minor children at the Carlisle police station at the begiMing of his periods of cuslody, and MOTHER shall pick up the minor children althe AP Mini Mart convenience store across from the Governor's mansion at the comer of Second Street and McClay Street in Harrisburg at the end of FATHER's periods of custody. 13. Whih: in the presence of the children, neither parent shall make, nor permit any other person 10 make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary 10 the olher parent. II shall be Ihe express duty of each parent to uphold the other parent as one whom lhe children should respect and love. 14. If either parent feels that one or both of the children should be seen by their counselor. Michael Cline. both parents shall cooperate in counseling sessions if the counselor recommends parental involvement. 15. Each parcnt shall provide the other with II current telephone number and address. 16. The schedules for all holidays and special occasions shall take priority over the usual weekly schedule. 17. Both parents shall permit reasonable telephone access between the children and the other parent. The children shall be pennilled reasonable telephone access to place calls to each of their parents while lhey are with the olher. 18. By mutual consent of the parents. a revised schedule may be agreed upon between them for and in the best interests of the minor children. 19. This Order shall replace and superced~ any and all prior Orders of Court or agreements between the panics. 20. This Order shall remain in full force and effect until furtner Order of Court. 8Y THE COURT: , .~.' ,'j\( c,,' . '.c ~')t.; 't g~ 'j ~ ~~ . 'tJ , "0( ", ~( ]' 'I ',di I' ,', ~. '1 C:.",. I. I .'~. il f L"I" "I' '1" v" ',' I .1..' '~'k"'~l'" t F:;;;\:r.:.\('.':'.tl'A , I , ,i, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION . LAW CHARLES E. MILLER. Plaintiff NO. 94-6289 Civil Term v. KATHY L. (MILLER) SMITH. Defendant IN CUSTODY STIP\1LATION fOR MODIFICATION OF CUSTODY ORDER The parties to this action, KATHY L. (MILLER) SMITH (hereinafter referred 10 as "MOTHER"). and CHARLES E. MILLER (hereinafter referred to as "FATHER"). desiring to amicably settle and resol ve all outstanding issues concerning custody and partial custody with respect to the minor children: JOSEPH M. MILLER, born October 19. 1991; and JENNIFER HAILEY MILLER. born April 4. 1995. hereby stipulate and allree to the entry of an Order of Court awarding custody and partial custody of JOSEPH and JENNIFER as follows: 1. The parents agree that they shall share lellal custody of the minor children. 2. The parents agree that MOTlIER shall have primary physical custody of the minor children. 3. The parents llllree thai FATHER shall have partial physical custody of the minor children on altemate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 4, In addition to the altemalinll weekend schedule f(lr F ATIIER. the parents lIirc:e that FATIIER shall have the opportunity to see the minor children from 5:00 p.m. until 8:00 p.m. on Wednesdays. FATHER shall call MOTIIER by the Sunday before to let her know ifhe is able to exercise his period of custody the 1()llowinll Wednesday. FATHER allrees to provide all transportation on Wednesdays. and the parents allree to meet at the Carlisle police station to transfer custody. 5. The parents agree lhat the holidays of Memorial Day. lhe Fourth of July and labor Day shall be alternated between them each year. In 2000 and in all even years lhereat\er, FATHER shall have Memorial Day and the Fourth of July and MOTHER shall have Labor Day. In 2001 and in all odd years thereat\er. MOTHER shall have Memorial Day and the Fourth of July and FATHER shall have Labor Day. The hours lor these holidays shall be from 9:00 a.m. until 6:00 p.m. 6. The parents agree to alternate the holidays of Easter and Thanksgivinll each year. In 2000 and inall c\en years lhcreat\er. MOTIIER shall have Easter und fA TIlER shall have Thanksgiving. In 2001 and in all odd years thereat\er. FATHER shall have Easter and MOTIIER shall have Thanksl!ivinl!. The hours for these holidays shall be from <):00 a.m. unlil 6:00 p.m. 7. The pafenls al!ree that the Christmas holiday shall be divided into two sellments. Segment "A" shall be from noon on Christmas Eve unlit noon on Christma, Day. Segmenl"B" shall be from noon on Chrislr.las Day unlil noon on December 26th. In 2000 and in 011 even years Ihereat\er. MOTHER sholl have Se8l1lenl"A" and FATHER shall have Sellmenl "B". In 200 land in alllldd years thereal\er. FA HIER shall have Sellmenl"A" and MOTHER shall have Sellment"a". 8. The parenls agree 10 altemale Ihe New Years holiday each year. When MOTHER has Sellmenl"A"llflhe Chrislmas holiday. FAHIER sholl hove from New Years EveaI6:00p.m. unlil New Years Day 016:00 p.m. When FAHIER has Sellmenl"A"oflhe C'hrlstmas holiday. MOHlER shall have from New Years Eve a16:00 p.m. until New Years Day u16:00 p.m. 9. The parenls agree Ihal bolh shall have the opportunily 10 see Ihe minor children on Iheir birthdays. The specitic times shall be agreed upon bel ween the parenls. 10. The parenls agree Ihal MOTHER shall have the children on Mother's Day and FATHER shall have lhe children on Falher" s Day each year, regardless of the usual altematinll weekend schedule. The hours shall be from 9:00 a.m. umil 6:00 p.m. II. II is the intention of MOTIIER and FATHER Ihallhey shall each have Ihe opportunily li)r summer vacation with Ihe children each year. The specific limes and days shall be allreed upon between the parenls. In Ihe event lhatlhe parenls ore unable 10 allree by February I" . either parent may request anolher Custooy Concilialion. 12. The parenls 8llree 10 share Iransportation for cuslody Iransfers on ~'ATHER's alternalinll weekends. FATHER shall pick up Ihe minor children allhe Carlisle police sial ion a1 Ihe belliMinll of his periods ofcuslody. and MOHlER shall pick up the minor children at the AP Mini MlU'l convenience store across from the Governor's mansion at the comer of Second Street and McClay Street in Harrisburg at the end of FATlIER's periods of custody. 13. While in the presence of the children, neither parent shall make. or permit any other pe..son to make. any remarks or do anything which could in any way he construed as derogatory or uncomplimentary to the othcr parcnt It shall he the express duty of each parent to uphold the other parent as onc whom the children should respect and love. 14. If either parentlcels that one or both of the children should he seen by their counselor. Michael Cline. both parents agree to cooperate in counseling sessions if the counselor recommends parental involvement 15. Each parent shall provide the other with a current telephone number and address. 16. MOTHER and FA TIlER al!1ee lhatthe schedules lor all holidays and special occasions shall take priority o\'er the usual weekly schedule. 17. Both parents agree to permit reasonable telephone access between the children and the other parent The children shall be permilled reasonable lclephone access to place calls to each of their parents while lhey are with the other. 18. Both parents agree that. by their mutual consent, a revised schedule may be allreed upon belween them for and in the best interests oflhe minor children. 19. The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County. Pennsylvania for approval and for entry ofan Order awardinlt custody and partial cuslody as set ti)rth herein. and the parents hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF. the parties have ex~uted this Stipulation for Modift~ of a Custody Order on the date indicated below. (~.,./, c!UlRtJ Date c1'/l()lj",wd (~'" f.~b' Itness CHARLES E. MILLER ~~CI;.f ~)~-C<~AL,p'~ I{):~j.oo Date :{W~ Yw#yflt ti ( Witness 'rJ KATHY . (MILLER) SMITH 'I.', ",I" ':'1" :' q' ;' I' . '\,~l ~~~~ .~~." ","" . .' . ':;' n (") I', I~." <.:...J ~ \1' ....., j": :c'") I , 1).1' . ") , ," , .\ f;'J 1;:\1- ,".) , I.'; (...; " :~- ! -..,' ,. :.,,;-1 , I ::!, ::l , " tl' .! .. . CHARLES E. MILLER, Plaintiff I, .' I", " '1' ",I ) , I. JUN I 6 {I)(l!i , I, ~ IN THE COURT OF COMMON 'PLUS OIl . CUMBERLAND COUNTY. PENNSYLVANIA ~ , .' . v CIVIL ACTION . LAW I\'H.a "in NO, 81 5M~ IN CUSTODY KATHY SMITH. Ddendant COURT ORDER AND NOW I this 21.J day of June, 2006. upon consideration of the attached Custody ConcUlatlon report. It Is ordered and directed tbat tbls Court's Order of October 25. 200 sball remain In place subject to the foUow\ne modlncatlons: I. Father's periods of time on alternatlne weekends with the children shall be extended to 8:00 p.m. on Sunday evenlnes on those weekends where the children do not have school on Monday. 2. For exchanee of transportation and unless agreed otherwise by the parties. the nou-custodlal parent shall pick up the children at the other parent's home. TbIs means that at the beglnnlne of II weekend where fllther will receive custody. father will pick up the children at mother's home. At the end father's time with the children on the weekend, mother will pick up the children at father's home. The parties may modify this arrangement lIS they aeree. 3. During the summer of 2006, father shall have four weeks of custody with the minor child to Include June 2611I throup July 3,d. July 24'b throup Aueust H'b and August 2011I throup August 2611I. In the event the Carlisle School District Is on strike and the children are not In school In September. mother shall afford father the opportunity to have an additional week or two with the children depending upon the children's school schedule. 4. Starting In the summer of 2007 and thereafter. father shall have a minimum of sill weeks with the minor children. These weeks shall not be more than two weeks consecutive. The parties shall work with each other prior to the summer months to arrange their vacation schedule and also the schedule for the children to accommodate father's periods of time durlnl the summer. " , 'Ij' ("I~ "I \,1",1: ' 1\":'~ \' ',,1" "., :\;'I~rn'( g~rJ .1\.\\ Zb r:,\ C: O~ ell',." " , ~<';i.:: \.; I ,\,1,' ',I,l\'l !)-/~ f\,", ,'" ,I.' , , " I, , , ,I , 'I II, .. " " . '. . A Judie fiL . " ~ 5. rather.baD noUfy mother by Monday evenIDl of each week If he mtendlto exercise hlI WedDaday period of ,lIltaUon with the mlDor chUdren punuantto the October 25, ZOOO Order. BY THE COURT, A.H. cc~ Woodward, Student Attorney ~thy Smith ot.-~to" t.o .' '. . . v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COllNTY. PENNSYL VANIA CIVIL ACfION . LAW 't't- c..l~'i NO. 85 !611,) IN CUSTODY CHARLES E. MILLER, Pilla tiff KATHY SMITH. Defeadlat PrIor Judae: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19l!l.3-8(b), tbe undersl&aed Custody CoacUlator submits the foUowlaa report: I. The pertinent Informatloa pertalnlaa to tbe cblldrea wbo are the subject of tbls W1ptlon Is as foUows: Joseph M. Miller. born Oc:tober 19. 1991 and Jeanlfer H. Miller. born AprU 4, 1995. 2. A ConcUlatlon Confereace was beld on June 2. 2006. witb tbe followlaa individuals in attendance: Tbe fatber, Charles E. Miller. with his counsel. GUlIan Woodward, Student Attorney. and the motber. Katby Smltb. wbo appeared witbout lepI counsel. 3. Tbe plIrtles agree to tbe entry of an Order In tbe form as attacbed. it ..-I).~ t1 &, DATE WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSVLVANIA Vll. CHARLES L. SCHOFFSTALL, and ALICE E. SCHOFFSTALL, his wife, Defendants : CIVIL ACTION - LAW : NO. 94-6305.... TERM /'JW PRAECIPE TO THE PROTHONOTARY: Dear Mr. Welker: Please mark the above-captioned action as satisfied and discontinued. O'BRIEN, BARIC & SCHERER BY: =$:' '-. Steven J. Fishman, Esquire Solicitor for Plaintiff . 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 DATE: rj:U;'7 .. , I' i' f,' , I' >- C") 0- i~( '" ut(l (:~ 0' " C' I. .' (,:;, u.. ,~> ",.J ,0;', '! Ulr,' ( . rr: I' r . [;, ~. h.. " ~1.., ...., l' r- i 0 0' ,,) , ~ ~ 'j it """ I.;. ~X ~ ~~ , , , ,\ " . \ . CHARLES E. MILLER PLAINTII'F IN THE COURT OF COMMON Pl.EAS OF CUMBERl.ANDCOUNTY. PENNSYl.VANIA v. 94-6189 CIVIL ACTION l.AW KATHY SMITH DEFENDANT IN CUSTODY ORm:R OF COURT AND NOW, , W~dne.!d_IIJ'~M!r~I!.~!~!OO-~_-. ,,____,_.' upon consideralion of the allached Complainl, il i~ hereby directed that panics and their respective counsel appear before Hubert X. Gilroy, Esq. . the eoncilialor, at 4th floor, Cumberland Coun.!>'_.c-,!urt~ou~f-a~II.le on _.__ Friday. May q. %O~__ at 8:30 AM for a Pre-HearinH Custody Conference. At such conference, an ell'on will be made to resolve the issues in dispute; or if Ihis cannot be accomplished, to de line and narrow the issues to be heard by the coun, and to enter into a temporary order. All children a~e live or older may also be present lIt the conference. Failure to appear at the conference ma'! provide grounds for entry of a temporary or penmlllent order, The court hereby dlrecl! the parties to furnbh lIny lInd all exbtlnll Prolectlon frllm Abu.e orden. Special Relief orden. and Cu.tod'! orders to the conciliator 48 hours prior to scheduled hearlnll.. FOR TIlE COURT. By: Is! _ ._!fIl~rJ. .X. GiJ!lJyJ_lJaq..--- __~.uL Cuslody Conciliator r The Court of Common Pleas of Cum her land County b required hy law to comply with the Americans with Oisabilites Act of 1990, For information ahout accessible facilities and reasonable accommodations available to disabled individuals having husiness helilfe the coun, please contact our oflice. All anangements must be made at least n hours prior to any hearing or business heline the coun. You must allend the scheduled conference or hearing. YOU SHOUl.L> TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AHORD ONE, (iO TO OR TEL.EPHONE THE OFFICE SET FORTHIlELOW TO FIND OUT WHERE YOlJ CAN GET L.EGA1. HE1.P, Cumherland Count) Bar Association }~ South Iledtlnd Slrect Carlisle. Pennsylvania 170i} Telephone (717) H9.} 166 ~;7 FllEI}- (f:-ICI: OF THE r\ "/ ;(11 !ilT/'RY I ZUaG till.? 30 PH 2: 30 cu:,.c~. . ." , IIJY r'c, ;",:~;\; 1..\/," '1'\ . ..r :.st'J.,:!Jt.. Jo.Jb.tJ(; . . ..3 vb .a, . U.t'~~~~ ~~. /t~ _~~~o e'~ ..~4N/ __ .?Y ~~ ~. " , I" J . . , 'f'~'!' v. G MAR 2 4, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LA W : IN CUSTODY . ~ . CHARLES E. MILLER, Plaintiff KATHY, SMITH Defendant : t\O. 94-6289 CIVIL TERM QP.~ER OF COURT AND NOW,this day of ,2006, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, at , on the day of ,2006, at m., for a Pre-Hearing Custody Conference. At such conference, lID 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 conlerence may provide grOlmds for entry of a temporary or permanent order. Tbe court bereby directs tbe partics to furnisb any and all existing Protection from Abuse orders, Special Relief orders. and Custody orders to tbe conciliator 48 bour. prior to scheduled bearing. FOR THE COURT: By: Custody Conciliator 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 palles, you must take prompt action. You are warned that if you fail to do so, you may lose rights of custody and visitation of your child. 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 WITU 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 m'FER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . . . . . CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 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 :md reasonable accommodations avail to disabled individuals having business before the court. pleue 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. , , " .. . .. .. CHARLES E. MIl,LER. Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION. LAW : IN CUSTODY KATHY SMITH, Defendant : NO. 94.6289 CIVIL TERM PETITION TO MODIFY CUSTQDY ORDEI\ The Petitioner. Mr. Charles Miller, by his attorneys. the Family Law Clinic. respectfully represents in support of his petition for modification: I. Petitioner is Charles E. Miller ("Father"), who resides at 1536 Derry Street, Harrisburg, Dauphin County, PeMSylvania 17104. 2. Respondent is Kathy Smith ("Mother"), who resides at 40 West Baltimore Street, Carlisle. Cumberland County, Pennsylvania 17013. , I " 3. On October 26.2000, an Order of Court was entered lor custody of Joseph M. Miller, born October 19. 1991. and Jennifer H. Miller, born April 4, 1995, a true and correct copy of which is attached. .. 4. Under the existing Order. Father and Mother share legal custody of the children. 1\ , " i-'I \ 5. Under the existing Order. Mother has primary physical custody of the children. Father has ~;I. partial physical custody of the children. Father is to have physical custody of the children on "; 1',', alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., every Wednesday from '.- .If 5:00 p.m. until 8:00 p.m., and alternating holidays. depending upon whether the current year is odd '! vr even. 2. This Order should be modified because: ,~ I' 0. Father has consistently exercised his periods of custody and has developed loving relationships with the children. ~.!. , " ;;', .. , , b, Father has recently moved into a three. bedroom apartment to bellllr accommodate the children. c. Father is interested in becominll more involved with the children's activities and to spend lonller periods oftime with the children. d. Father would like to extend his custody of the children on those Sunday nillhll in which he has custody of the children until 8:00 p.m. e. Father would also like to have partial physical custody ofthe children for a period of six (6) weeks during the summer at two-week intervals. f. Father had partial physical custody of the children for six weeks durinll the summer from the entering ofa previous Order of Court, dated May 27.1998 until October 2000. A copy of the May 27, 1998 Order is attached. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and srant Father partial physical custody of the children until 8:00 p.m. on the Sundays that he has custody of the children under the existinll Order, and grant Father partial physical custody of the children for a period of six weeks during the summer at two-week intervals because it will be in the best interest of the children. Date:~ / d--l /) /{ {lIt / .. --" ~L----- Kathleen O'Connor Certified Legal Intern ~ THO . PLACE - cr;, ROBERT '. RAINS LUCY JOHNSTON.WALSH ANNE MACDONALD-FOX Supervising Allorneys FAMILY LAW CLINIC 4S North Pitt Street Carlisle, PA 17013 (717) 243-2968 . VERIFICATION I verify that the statements made ill this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa, C.S. ~ 4904 relatinll to unsworn falsification to authorities. Date:~ , " " OCT 2 4 2000W ~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION. LAW CHARLES E. MILLER. Plaintiff NO. 94-6189 Civil Term v. KATHY L. (MILLER) SMlm. Defendaat IN CUSTODY ORDER OF COUIJT AND 'lOW. this ]';'"=- davof C9i'l..L~. , 1000. upon consideration of the :ltt:lched Stipulation fv. Mudiii~ation of Custody Order. IT IS HEKEDY ORDERED AND DECREED thaI custody and penial custody with respect to the minor children: JOSEPH M. MilLER, born October 19. 199]; and JENNIFER HAILEY \1ILlER. born April ~, 1995. is awarded as r'allows: I. The parents shall share legal cuslody oflhe minor children. ~ MOTHER shall have primary physical clL,tody of the minor children. 3. FA THER shall have panial physical custody of the minor children on allernale weekends (rom Fridayat 6:00 p.m. unlil Sunday at 6:00 p.m. ~. In addition 10 lhe ahernating weekend schedule tor FATHER. FATHER shall have the opponunity 10 see the minor children (rom 5:00 p,m. umi18:00 p.m. un Wednesdays. fATHER ,hall .:all \IOTHER by the SWlday before to i~t her know If h~ IS abl.: tu ~.xe"ls': his penod of custody the following Wednesday, FA THER shall provide all transponalion on W.:dnesda)'s, and lhe Sellment "A" of the ChriSbnas holiday, FATHER staall have from New Yean Eve at 6:00 p.m, until New Years Day at 6:00 p.m. When FATHER has Segment" A" of the Christmas holiday, MOTHER shall have from New Years Eve lit 6:00 p.m. until New Yean Day at 6:00 p.m. 9. 80lh parmlS shall have !he opponunicy to see the minor children on their binhdays. The specific limes shall be ngre=d upon between the parenes. 10. MOTHER shall have the children on Mother's Day and FATHER shall have the children on Falher's Day each year. regardless of the usual alternating weekend schedule, The hours shall be from 9:00 a.m. until 6:00 p.m. I ] . It is lhe intemion of MOTHER and FA TIlER that they shall each have the opponunily for summer vacation wi!h lhe children each year. The specific times and days shall be ngreed upon between !he parenes. In lhe event that the parents are Wlable to agree by February I" , ei!her parent may request another Custody Concilialion. 12. The parents shall s/we transportation for custody tran.,fers on FATHER' s a1lCmalinll weekends. FATHER shall pick up the minor children at the Carlisle police slalion at the bcginninll of his periods of custody, and MOTHER shall pick up lhe minor children at the AP Mini Man convenience Slore across from the Governor's mansion at the comer ofSccond Slreet and McClay Street in Harrisburg atlhe end off A THER's periods of custody. 13. While in the presence oflhe children. neither parent shall make. nor permit any other person to make. any remarks or do anything which could in any way be conslrued as derogatory or uncomplimentary to the other parent. [I shall be the ~:<prcss Juty of each parent to uphold the olher parent as one whom the children should respect and love. .... ~, ", : 14. If either puent feels that one or both of the c:hildml should be seen by tbelr counselor. Michael Cline. both parents shall coopernte in counseling sessions if the counselor recomm!!nds parenlal involvement. I S. Each parent shall provide the other with a current telephone nwnber and Iddras. 16. The schedules for aU holidays and special occasions shall take priority over the usual we!!kly schedule. 17. BOlh parents shall permit reasonable le1ephone access between the chlldml and the other parenl. The children shall be permitted reasonable telephone access to place calls to eech of lheir parems while lhey are with the oth!!r. 18. By mutual consent oflhe !'8fents. a revised schedule may be agreed upon between them tor and in the best interests of the minor children. 19. This Order shall replace and supercede any and all prior Orders of COUll or qreemenls between the perries. 20. This Order shall remain in lUll force and effect until fttnher Order of Court. BY THE COURT: -,- r: . . r: -, - "0 r~E ro:'{ ;-.::.,1'''' '.~.",' " , . II" ~., 't~ ~'I'-' I.,~ I Tw.'..... ....., ".~. >. ."-lI" IJl.II....,' ....:U n "..~, '1. t ' \ .~. .. "" ,,' . ("...... -I' t .'~' ..... .1\" ,h'l'. . . ~'.',~ \I'.."" ...~. .'''''V> ,.a~ ....IJ .. . ,nl' ,2"l'tJ ThIL~:1~:' ~~~~LAo. ~h Pl'oIoonc.l.a'1 {51 tr:,...._ (/ ~) Honorable Kevin A. Hess '. CHARLES. E. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v. : CIVIL AcrJON - LAW : IN CUSTODY KATHY L. MILLER, Defendant : NO. 94-6289 CIVIL TERM CUSTODY AGREEMENT AND ORD~R THIS AGREEMENT, made this ),1"h day of May, 1998, between plaintiff, Charles E. Miller (father), and defendant. Kathy 1.. Miller (mother), concerns the custody of the parties' children: Joseph Michael Miller, born October 19, 1991 and Jennifer Hailey Miller, born April 4, 1995. Mother and Father desire to enter into an agreement as to the custody of the children and to have this agreement made an Order of Court. Mother and father agree to lIle following: I, The parties shall share legal custody of the children, 2. Mother shall have primary physical custody of the children, 3. Father shall have periods of partial physical custody of Joseph and Iennifer Miller on alternating weekends, between 4:00 P.M, on Friday and S:OO P.M. on Sunday, beginning Friday, June S, 1998. In the event father is able to make transportation arrangements, Father shall have partial physical custody on Wednesday evenings. but no earlier than 4:00 p.m. and shall return the children at 8:00 p.m. 4. Father shall have holiday custody with Joseph and Jennifer Miller as follows: a) On Easler. Memorial Day and Thanksgiving father shall have custody from 9:00 a.m. until 6:00 p.m. on even years. b) On Labor Day, Nc:w Year~. lnlj~penden,e Day, father shall have ~:ustody " from 9:00 a.m. until 6:00 p.m. on odd years. c) On Father's Day, father shall have custody from 9:00 a.m. until 6:00 p,m.. On mother's Day, mother shall have custody from 9:00 a.m. until 6:00 p.m.. d) On Christmas, Fa.ther and Mother each year shall alternate custody periods. One parent will have custody of the children from 12:00 noon on Dcc:ember 24th until 12:00 noon on December 25th, and the other parent will have custody from 12:00 noon on December 25th until 12:00 noon on December 26th. To begin the schedule in 1998. mother shall have the period from 12:00 noon on December 24 until 12:00 noon on December 25th and father will have custody from 12:00 noon on December 25th until 12:00 noon on December 26th, e) On Jennifer's birthday, father shall have custody from 9:00 a. m. until 6:00 p.m. on even years, On Joseph's birthday, father shall have custody from 9:00 a.m, until 6:00 p.m. on odd years. 5. With respect to summer custody, father shall have six weeks custody with Joseph Miller over the summer, in two-week blocks, excluding the week beginning June 19, 1998, provided that father gives mother thirty days advanced notice of the intended time periods. 6. For the summer of 1998, father shall have custody of Jennifer Miller during the providing the first week second week of father's first two-week block with Joseph Miller. Thereafter, ~ather shall have with Jennifer custody with both Joseph and Jennifer during lhe remaining two, two-week blocks. If, after g;Sr well. n "ICIJ}} father's first week with Jennifer, the pilrties arC' not in agreeroont that the first week ~ _ ,"" l" " with Jermifer '",ent suffkiently '",ell to prOl:ecd wlth the remaining b.'(' t\.KJ-week blocks as set forth above. the parties shall schedule a confl'rence with a Judge to resolve this. 7 For the summer of 1998, father hereby designates the following lhree, two-week< 2 12.., As evidenced by their signatures below, the parties do heleby intcncl to be bound by the tenns of this Agreement. 5'5l-~ Dale ~t.~e1ll.Jk . Charles Miller, Plainlilt ~ (~ Samuel, , Esquire Counsel for Defendant ,}/).., / ' /...' , ;tvU(,/ /;..:::~<--- Mark C. Locke Certified Lepllnlem . ,) /1:r.iIUc.u C:/2::,t.-- Donald Mama Staff AllOrney Katherine C. Pearson Supervisinl AllOmey Counsel for Pbinliff ORDER AND NOW. this ~ ...t daYOf~.1998. the forqoinaAaRCment is approved by this Court and is made an Order. rr'J~ C,-ll'Y FROM RECORD , \ , , " II ~'( It, i III '" ' 'I' , 'i'~ f;I:' ti,m':i HI M~.., (" O)l. ....... Kevin A. Hess. J. " , ! I",',' \, 11.3 ",\ d,'1 ,t ~~.,,_ , I') '15: 4 , , , .~\".''''''~ (.... '~'i" - .....- . ., Pr'Jth,)r.ot"f'l " I"~ ',I ~' ~? rt: ~.~ ~~! fi?~ ~ ~ , '" N N .. ..;J' ;!;: U- P) N 0:: -~ ::c ~, C"~ c.:;;,.:) ..... t; :-:.-~ j"' ~.1': I I :~I" ';:J ",'.";\ t.: :,~ ,.t' ~:: ,. ''; () " Charles Miller, Plaintiff : IN THE COURT Of' COMMON PLEAS Of' : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LA W : IN CUSTODY v, J<athy Smith. Defendant : NO. 94-6289 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Charles Miller, Plaintift., to proceed in forma pauperis. The Family Law Clinic. attorneys for the party proceedinIJ in forma paupc:ris, certifie. that we believe the party is unable to pay the coslS and that we are providinll free lellal service to the party. Date~ , . R~tf~~I:)S~bt:L::~\ _____ pt~- -. ~-- '-. Kathleen O'Connor- Certil1ed LeIJal Intern ~. ~. ~--_..- cp R B: " INS THOMA, M. PLACE ANNI\ MACOONAJ.l)-f'(>X LUCY JOHNSTON-WAUlII WILLIAM G. MARTIN Supc:rvisinll Attorneys FAMILY LA W CLINIC 45 North Pitt Street Carlisle. PA 17013 717.243.2968 ~ N ~. N ., !r.. .:r .,J..:! ~Q 1'")';-- - ,):: .(;;, ~ 0- 'oS p....r~ "~\'~ ~~ ....... l") ,.\'(f) N 1"',-'" 0- ~ \' ",~ ~ )'1(1:1 n:'IO_ :II: "._~~ ..0 8 ~ = <=> ..... }"r~ " I v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : IN CUSTODY CHARLES E, MILLER, Plaintiff KATHY SMITH, Defendant : NO, 94-6289 CIVIL TERM ~ERTlfICATE OF ~E8VJCE I, Kathleen O'Connor, Certified Legal Intern, Family Law Clinic. hereby certify that I served a true and correct copy of the March 29. 2006 Order of Court to appear for condliatlon on Kathy Smith. residing at 40 West Baltimore Street, Carlisle. Pennsylvania. by depositinll a copy of the same in the United States mail. Service was complete upon mailinll on the 61h day of April. 2006. This date is at least (10) days before May 12. 2006. the scheduled date of conciliation. Date: /-1/ /" / d.:'.:J 1:_, .:::If- I <aile / ,(.., Kathleen O'Connor Certified Legal Intern (- (J/!l , homa . lace Robert .. Rains Lucy Johnston-Walsh Anne MacDonald-Fu" William G. Martin Supervisinll Attorney FAMILY LAW CI.lNIC 45 North Pitt Street Carlisle. PA 17013 (717) 243.2968 f'BlI: (717) 243.)639 y,,1 " I, I" " l;V,. I,' 'I " " ' >- M (,':. $ _:r ,- .. Z l::~ -, ::'1 .<.", 1'1~.; ') ~,,2;< " ::t:: ;,. ) ~, i,'~. .' C'-- {'II. ',7",'" r- ,. 7' i.. , .~! (L)C I. iTle- ,,,::: .,dL'l "'- l(q '-':i= --.: 10.. ':. L1_ ,n ~.:l 0 ,~; U ...... " 'I , , v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : IN CUSTODY CHARLES E. MILLER, Plaintiff KATHY SMITH, Defendant : NO. 94-6289 CIVIL TERM ~ERTlfICATE OF StRVICE I, Kathleen O'Connor. Certified Lellallntern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition to Modify Custody Order on Kathy Smith, residins at 40 West Baltim(\re Street. Carlisle. Pennsylvania 17013, by depositing a copy of the same in the United States mail, certified. restricted delivery, return receipt requested. postase prepaid. Service was complete upon receipt by Kathy Smith, on the 28lh day of March 2006 as evidenced by the attached green card. Date: (I/ 5' / :>v 0 b r , I ~)/' tdh U/C<--...... athleen O'Connor Certified Legal Intern . Q j IYt(CL . t' "i -('-. <1. Tho . Place Robert E. Rains Lucy Johnston-Walsh Anne MacDonald-Fox William G. Martin Supervisins Attorney F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243.3639 8 .... kil L~ :'r.:' -c'l' ~ :r! ,Cl.l! :;0 fJ'f1 ,. -~Ji1 ; ..':.' ..... .,,'le: (fl. -.J , ;:: ~ i , ' ';1', ,~~. ' "r, )"11 " .\';C~ ;F:;, r;5H1 ;',. .. ~ ~,:, J:'" ~ -< W 1. MfaIe."**1 lid_ o.lI-.y__lllIm_,? lW WYI!S, _cIoIlvery __: 0 No t-<a..niJ ~~ Vb v{~:.t ga.H1m&i~ ~ t~,) p~ 1'7013 3. ....1W>o Ja~1IIIIII Or.-IIIIIII . d ",,"",r....d ........ "","",,"'___ 0_11IIIII 00.0.0. 4. Roo~"'1od 00Itwry? /I'>h ~ I I, --- 7005 0390 0003 2"32 "277 I ,-.-__.. I PlI'Onn 3811. '*-Y ~ ~ _ ""- "~."'t... I~ No (Jlj - 0 J.. 8'9 Cv,1 -ter",- M Illu V5 p",-f.-!fiOI\, fi11/ler { ud /S;d 'I ,,(I fill'J:; frior-fo 03-2S-,}O{)0 6It..- I'\.tJ'f SculIAed... CHARLES E. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY SMITH, Defendant : NO. 94-6289 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER The Petitioner, Mr. Charles Miller, by his attorneys, the Family Law Clinic, respectfully represents in support of his petition for modification: I. Petitioner is Charles E. Miller ("Father"), who resides at 1536 Derry Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Respondent is Kathy Smith ("Mother"), who resides at 40 West Baltimore Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. On October 26, 2000, an Order of Court was entered for custody of Joseph M. Miller, born October 19, 1991, and Jennifer H. Miller, born April 4, 1995, a true and correct copy of which is attached. 4. Under the existing Order, Father and Mother share legal custody of the children. 5. Under the existing Order, Mother has primary physical custody of the children. Father has partial physical custody of the children. Father is to have physical custody of the children on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., every Wednesday from 5:00 p.m. until 8:00 p.m., and alternating holidays, depending upon whether the current year is odd or even. 2. This Order should be modified because: a. Father has consistently exercised his periods of custody and has developed loving relationships with the children. b. Father has recently moved into a three-bedroom apartment to better accommodate the children. c. Father is interested in becoming more involved with the children's activities and to spend longer periods oftime with the children. d. Father would like to extend his custody of the children on those Sunday nights in which he has custody of the children until 8:00 p.m. e. Father would also like to have partial physical custody of the children for a period of six (6) weeks during the summer at two-week intervals. f. Father had partial physical custody of the children for six weeks during the summer from the entering ofa previous Order of Court, dated May 27,1998 until October 2000. A copy of the May 27,1998 Order is attached. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Father partial physical custody of the children until 8:00 p.m. on the Sundays that he has custody of the children under the existing Order, and grant Father partial physical custody of the children for a period of six weeks during the summer at two-week intervals because it will be in the best interest of the children. ,.-.'....... V' .. . (/ \//) -h a:f t' Lzl-.- /'U,-- Kathleen O'Connor ~~-~ ROBERT . RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Date: 3/ ;:)11 ;')0010 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Ii 4904 relating to unsworn falsification to authorities. Date: 0 -8-0-Gb .. ilCi 2 4 200(:1;1} ~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LA W CHARLES E. MILLER, Plaintiff NO. 94-6289 Civil Term v. KATHY 1. (MILLER) SMITH, Defendant IN CUSTODY ORDER OF COURT AND >;Ow. this 1) "::::- davof (jii"[,-L~ , 2000. upon consideration of the ~ " C' l' " ., .'~' - ~ . -' l~ I" HERE' -BY ORDERED 'NO :ltt3cue..... Jt:pU!atiOil J..V;:- ,'t'luulllcanon or Lusroay Urd.er. I :, .1. DECREED that custody and partial custOdy with respect to the minor children: JOSEPH M. MILLER. born October 19. 1991; and JENNIFER HAILEY \fILLER. born April .1-, 1995. is awarded as follows: l. The parents shall share legal custody of the minor children. , MOTHER shall have primary physical custody of the minor children. 3. FATHER shall have partial physical custody of the minor children on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. -I. In addition to the alternating weekend schedule for F ATHER. FATHER shall have the opportunity to see the minor children from 5:00 p.m. until 8:00 p.m. on Wednesdays. FATHER shall ,all :VlOTHER by the Sunday before to let her know If he is able to exercise his period of custody the following \V ednesday. FATHER shall provide r1l1 transportation on Wednesdays. cmd the parents shall meet at the Carlisle police station to transfer custody. 5. The holidays of Memorial Day, the Founh of July and Labor Day shall be alternated between the parents each year. In :000 and in all even years thereafter. FATHER shall have Memorial Day and the FOUrth of July and \fOTHER shall have Labor Day. In :00 I and in all odd years thereafter. MOTHER shall have Memorial Day and the Fourth of J ulv and FATHER shall have Labor Day. The hours for these holidays shall be from 9:00 a.m. until 6:00 p.m. 6. The parents shall alternate the holidays of Easler and Thanksgiving each year. In :000 and in all even years thereafter. MOTHER shall have Easter and F ATHER shall have Thanksgi \'ing. In :001 and in all odd years thereafter. FATHER shall have Easter and MOTHER shall have Thanksgiving. The hours for these holidays shall be from 9:00 a.m. until 6:00 p.m. 7. The Christmas holiday shall be divided into two segments. Segment" A" shall be from noon on Christmas Eve until noon on Christmas Day. Segment "B" shall be from noon on Christmas Day until noon on December :6th In :000 and in all even years thereafter. MOTHER shall have Segment "A" and FATHER shall have Segment "S". In :001 cmd in all odd years thereafter. FATHER shall have Segment "A" and MOTHER shall ha\"(' St:gment "B~'. 8. The parents shall alternate the New Years holiday each year. When MOTHER has '. Segment" A" of the Christmas holiday, FATHER shall have from New Years he at 6:00 p.m. until New Years Day at 6:00 p.m. When FATHER has Segment" An ofthe Christmas holiday, MOTHER shall have from New Years Eve at 6:00 p.m. until New Years Day at 6:00 p.m. 9. Both parents shall have the opportunity to see the minor children on their birthdays. The specific times shall be agreed upon between the parents. 10. MOTHER shall have the children on Mother's Day and FATHER shall have the children on Father' s Day each year. regardless of the usual alternating weekend schedule. The hours shall be from 9:00 a.m. until 6:00 p.m. II. It is the intention of MOTHER and FATHER that they shall each have the opportunity for summer vacation with the children each year. The specific times and days shall be agreed upon between the parents. In the event that the parents are unable to agree by February I" , either parent may request another Custody Conciliation. 12. The parents shall share transportation for custody transfers on FATHER's alternating weekends. FATHER shall pick up the minor children at the Carlisle police station at the beginning of his periods of custody, and MOTHER shall pick up the minor children at the AP Mini Mart convenience store across from the Governor's mansion at the corner of Second Street and McClay Street in Harrisburg at the end ofF ATHER's periods of custody. 13. While in the presence ofthe children. neither parent shall make. nor permit any other person to make. any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parenr as one whom the children should respect and love. 14. If either parent feels that one or both of the children should be seen by their counselor. Michael Cline, both parents shall cooperate in counseling sessions if the counselor recommends parental involvement. 15. Each parent shall provide the other with a current telephone number and address. 16. The schedules for all holidays and special occasions shall take priority over the usual weekly schedule. ] 7. Both parents shall permit reasonable telephone access between the children and the other parent. The children shall be permitted reasonable telephone access to place calls to each of their parents while they are with the other. 18. By mutual consent ofthe !)arents. a revised schedule may be agreed upon between them for and in the best interests of the minor children. 19. This Order shall replace and supercede any and all prior Orders of CoUrt or agreernents between the parties. 20. This Order shall remain in full force and effect until further Order of CoUrt. BY THE COURT: ,...., -,- ..~ l' r; D -r~ ~r .:-".,-~~;~~~'~.'" Ft~r;~.~ },'..;: "-<..' Ai ~~~~\ir",":, ~:.:.'., G,'~;;tf:~r;~i~\~;,;~~~ct _. . .,,~. . ..' ",flJ, tr:.Ju..~ 2. V-' j'''IJ... -<.w-~ ,,';; '.nt.:::~.-:r.-~~ . " ~',"--J'J- C. n ". u/U~ L..-' "-.V c, ~ 0-', I --'- Prctl1onuta.r<j / s! 10J ~,.: (/ )~ Honorable Kevin A. Hess CHARLES. E. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY L. MILLER, Defendant : NO. 94-6289 CIVIL TERM CUSTODY AGREEMENT AND ORDER THIS AGREEMENT, made this ,;t1+h day of May, 1998, between plaintiff, Charles E. Miller (father), and defendant, Kathy L. Miller (mother), concerns the custody of the parties' children: Joseph Michael Miller, born October 19, 1991 and Jennifer Hailey Miller, born April 4, 1995. Mother and Father desire to enter into an agreement as to the custody of the children and to have this agreement made an Order of Court. Mother and father agree to the following: L The parties shall share legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of Joseph and Jennifer Miller on alternating weekends, between 4:00 P.M. on Friday and 5:00 P.M. on Sunday, beginning Friday, June 5, 1998. In the event father is able to make transportation arrangements, Father shaJl have partial physical custody on Wednesday evenings, but no earlier than 4:00 p.m. and shall return the children at 8:00 p.m. 4. Father shall have holiday custody with Joseph and Jennifer Miller as follows: a) On Easter, Memorial Day and Thanksgiving father shall have custody from 9:00 a.m. until 6:00 p.m. on even years. b) On Labor Day, New Years, Independence Day, father shall have custody from 9:00 a.m. until 6:00 p.m. on odd years. c) On Father's Day, father shall have custody from 9:00 a.m. until 6:00 p.rn.. On mother's Day, mother shall have custody from 9:00 a.m. until 6;00 p.m.. d) On Christmas, Father and Mother each year shall alternate custody periods. One parent will have custody of the children from 12:00 noon on December 24th until 12;00 noon on December 25th, and the other parent will have custody from 12:00 noon on December 25th until 12:00 noon on December 26th. To begin the schedule in 1998, mother shall have the period from 12:00 noon on December 24 until 12:00 noon on December 25th and father will have custody from 12:00 noon on December 25th until 12:00 noon on December 26th. e) On Jennifer's birthday, father shall have custody from 9:00a.m. until 6;00 p.m. on even years. On Joseph's birthday, father shall have custody from 9:00 a.m. until 6;00 p.m. 011 odd years. 5. With respect to summer custody, father shall have six weeks custody with Joseph Miller over the summer, in two-week blocks, excluding the week beginning June 19, 1998, provided that father gives mother thirty days advanced notice of the intended time periods. 6. For the summer of 1998, father shall have custody of Jennifer Miller during the I providing the first week : second week of father's first two-week block with Joseph Miller. Thereafter, ~ather shall have with Jennifer custody with both Joseph and Jennifer during the remaining two, two-week blocks. If, after goes, well, 1('\(1/)\ father's first week with Jennifer, the p".rties are not in agreement tl1at the first week _ _^ . . l'L: i-' ,vith Jennifer went sufficiently well to proceed with the remaining tFC two-week blocks as set forth above, the parties shall schedule a conference with a Judge to resolve this. 7 For the summer of 1998, father hereby designates the following three, two-week 2 , ~\\ '\ "- blocks: June 5-18 at 5:30p.m. ,July 17 through July 31, August 7 through August 21. cci'1 8. Beginning in the summer of 1999 and thereafter, father shall have six weeks custody with Joseph and Jennifer Miller over the summer, in two-week blocks, provided that father gives mother thirty days advanced notice of the intended time periods. 9. With respect to transportation, the plaintiff, Charles E. Miller, shall pick up the children on Friday and the defendant, Kathy L. Miller, shall pick up the children at the end of the weekend on Sunday. Pick-ups in Carlisle shall occur at the Hardee's Restaurant on North Hanover Street in Carlisle. Pick-ups in Dauphin County shall occur at the entrance of the Fox's Market, as heretofore. 10. Mother shall promptly provide father a copy of her medical insurance coverage of the children for his use in the event of any medical emergency. 11. The parties agree that this Stipulation will be entered as an Order of Court and will continue in full force and effect until further agreement or Order of Court. 3 :'. 12. . As evidenced by their signatures below, the parties do hereby intend to be bound by the terms of this Agreement. 5 31"{j~ Date ~~ Samuel T~ESqUire Counsel for Defendant ORDER AND NOW, this j ,~t, day of is approved by this Court and is made an Order. -,":"J ;.l~ r~ fRO;/ '0"" r' R D 1\ r~!""" <c.'. t n'! ';1 Lrmd .CL" i) 1:1$' 4 j. . . . . ' . ',r,4\"hO , ~\",~"'tL" . .'-'1-L,~ - r- rrntl~ln()~;::i"! ;: . 0 "~.\ \ ') , n /J , CUa.lfv:,.E 7>1-Jkt Charles Miller, Plaintiti '7/;;~'vJ!./ / , /,./ /7 /, ./ <-' $''-' .....L----- Mark C. Locke Certified Legal Intern ;fJ ~ ' '" /7 " f /--~, /"Lt(cct.-u ~ ,;t'..L"'----. Donald Marritz Staff Attorney Katherine C. Pearson Supervising Attorney Counsel for Plaintiff ).,.,"-. , 1998, the foregoing Agreement u '{.) I~/ /l.i...l"_, (... Kevin A. Hess, 1. il'L ('": r^~, ~~ :::1 ...-..... :>J ...) '00 ~- "l "';:' r..) :--<:. r-,.,; Charles Miller, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY Kathy Smith, Defendant : NO. 94-6289 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Charles 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 ,;" (d~5' I flb ~ Kathleen O'Connor Certified Legal Intern R BE THOMA M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 ,-' ..' I_'~ '-, ~1 ',--.. :;~j f'-.) W p'.) i".J ., CHARLES E. MILLER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 94-6289 CIVIL ACTION LA W KA THY SMITH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, March 29, 2006 ,.,' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hnbert X. Gilroy, Esq. , the conciliator\ at_.ilh_I'..I('.ol'..fumberland County Courthouse, Carlisle on Friday, May 12, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplishcd. to detine and narrow the issues to be heard by the court, and to cnter into a temporary order. All childrcn age live or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin\!. FOR THE COURT. By: , /s/ Hubert X. Gilrov, EBl-.-_--i.'J';l_ Custody Conciliator r- The Court of Common Picas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infol1nation about accessible facilities and reasonable accommodations available to disabled individuals having business before the couli, please contact our oflice. 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 A TTORNEY 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 . 1d" ~r"':,u' - I'~-"'J _~/' f prp'm-1/ ~~.p2{~ 7::1 7 ,#f-rr'7>1r 4/p.;;.p{l "7v- (JF ~-' <712 (JF' [' /) 7,'2c C -/{ \ L< '(,. 0';:' .7 0(' \","1\ (,,";~-1 '-' . '. , j;j t..:,:~::l j L:;:" CHARLES E. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY SMITH, Defendant : NO. 94-6289 CIVIL TERM CERTIFICATE OF SERVICE I, Kathleen O'Connor, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the March 29, 2006 Order of CoUrt to appear for conciliation on Kathy Smith, residing at 40 West Baltimore Street, Carlisle, Pennsylvania, by depositing a copy of the same in the United States mail. Service was complete upon mailing on the 6th day of April, 2006. This date is at least (10) days before May 12, 2006, the scheduled date of conciliation. Date: L;/ / fa"'" fe, I ! / 0/" // L " " ;ai2 . ~"L-__. Kathleen O'Connor Certified Legal Intern, n ,,4~ ~/cJ/->tt Thoma . Place Robert E. Rains Lucy Johnston-Walsh Anne MacDonald-Fox William G. Martin Supervising Attorney FAMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ,.,.:' ,'-" CHARLES E. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY SMITH, Defendant : NO. 94-6289 CIVIL TERM CERTIFICATE OF SERVICE I, Kathleen O'Connor, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition to ModifY Custody Order on Kathy Smith, residing at 40 West Baltimore Street, Carlisle, Pennsylvania 17013, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Kathy Smith, on the 28th day of March 2006 as evidenced by the attached green card. Date: 11/ S / )va r.;> I I athIeen O'Connor Certified Legal Intern , \ r: , I I. I I/Z '.'----1"',';, ~"z_, ,! 'y{(C T '2~-~L/,( , Tho . Place Robert E. Rains Lucy Johnston-Walsh Anne MacDonald-Fox William G. Martin Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 . Complete ~ems t, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse 50 that we can return the card to you. I . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: C3'i2t~v.ry D. Is delivery address different from ttem 1? 0 Yes If YES, enter delivery address below: 0 No l-<a-NLu ~~ lib l!IefJ{ f!x:d-h/)?t'~ ~ L'~) Pt1/']C'i3 3. Service Type ~ C.rtlfied Mail 0 Express Mail o Registered .Iil"Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ..)JtYes 2. Article Number (Transfer from service (I> PS Form 3811, February 2004 7005 0390 0003 2632 6277 Domestic Return Receipt 10259s..o2.-M-"\540 '..<1 .~.,. CHARLES E. MILLER, Plaintiff IT-;'Y"?'''f~C''''\Ffi'C'.'''. .1 J[~. C:-,._,J' , ,,;,/1____ -\. IN THE COURT OF COM1~:~,;:::~< c CUMBERLAND COUNTY, PENNSYLVANIA ... v CIVIL ACTION - LAW ,\'{-(.,a'ift NO. 95 SC49 IN CUSTODY KATHY SMITH, Defendant COURT ORDER AND NOW, this "]1J day of June, 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's Order of October 25, 200 sball remain in place subject to the following modifications: 1. Father's periods of time on alternating weekends with the children shall be extended to 8:00 p.m. on Sunday evenings on those weekends where the children do not have school on Monday. 2. For exchange of transportation and unless agreed otherwise by the parties, the non-custodial parent shall pick up the children at the other parent's home. This means that at the beginning of a weekend where father will receive custody, father will pick up the children at mother's home. At the end father's time with the children on the weekend, mother will pick up the children at father's home. The parties may modify this arrangement as they agree. 3. During the summer of 2006, father shall have four weeks of custody with the minor child to include June 2~ through July 3...., July 24th through August 11" and August 20th through August 2~. In the event the Carlisle School District is on strike and the children are not in school in September, mother shall afford father the opportunity to have an additional week or two with the children depending upon the children's school schedule. 4. Starting in the summer of 2007 and thereafter, father shall have a minimum of six weeks with the minor children. These weeks shall not be more than two weeks consecutive. The parties shall work with each other prior to the summer months to arrange their vacation schedule and also the schedule for the children to accommodate father's periods of time during the summer. , \i C,.:I'"C() (\.., ,'':11: ,1\'~ )11 ;" (\.0 \.1 0\) ~u .' jJ , 5. Father shall notify mother by Monday evening of each week if he intends to exercise his Wednesday period of visitation with the minor children pursuant to the October 25, 2000 Order. cc~an Woodward, Student Attorney ."Kathy Smith ,- () It? O\,-~lD BY THE COURT, rtL . ~ CHARLES E. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW q '{ _ c..~~'1 NO. liS 5649 IN CUSTODY KATHY SMITH, Defendant Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Joseph M. Miller, born October 19,1991 and Jennifer H. Miller, born Aprll4, 1995. 2. A Conciliation Conference was held on June 2, 2006, with the following individuals in attendance: The father, Charles E. Miller, with his counsel, Gillian Woodward, Student Attorney, and the mother, Kathy Smith, who appeared without legal counsel. 3. The parties agree to the entry of an Order in the form as attached. u-IJ-,c-& DATE