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Home My WebLink About95-00537 '[- :,~ \,' '"0 ;;or" ;':<:" f;-~ rf; .J '. '~.~. idul~ ":-'r " J ., '. ., '~;~'I!'; ~'i-.,- '. .:y- L}.~ "f; ,~ I '/ ,I 0__' ; .IIIN 1 :J (nfli' h .JEIUW LYNN MILL.EI~. I'lnlnllO' \' IN TilE COUIH OF COMMON I'LEAS OF ClIMJlElU.ANI) COUNTY,I'ENNSYLV ANIA CIVIL ACTION. LA \\0 LOltErl'A LYNN METZGlm formcrly LOnETI'A LYNN MILum, Dcfcndllnt NO. 95 - 537 CIVIL IInd STANLEY SIIF.N..., nEllA SIIF.N.... MilHAM SIIEN.... STANLEY lu;lNFOIU),IInd ESTERlmlNFOIU), Addltlonlll Defcndnnts IN CUSTODY COl}RT ORDER ~\q AND NOW. thIs ~rd- day of Junel 2002, upon conslderallon of the attached Custody Conc/lllltlon neport, It Is ordered and directed as follows: 2. 1. A hcnrlng Is scheduled In court~ 2 of the Cumberland County Courthouse on the ~q~da)' of ,2002 at 8:'15 A.1\I. at which time testimony wllJ b tnken In the above case. At this hearing, the Mother shall be the moving party and shaH proceed InltlaHy with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody In this case, the Issues currenlly before the court. each party's position on these Issnes a list of witnesses who will he called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed with the conrt at least 5 dll)'s Ilrlor to the menlloned hearing date. Pending fnrther order of this court, the Court Order of May 13, 2002 shaH remain In elTeet such that Mother's perlo of temporaf)' custody shaH continue under the schedule set fortl~!9,tJulf or r. /' I BY,THE COlJ 1', ( ;t' f1 ~ .{f).I1-J. > L07'03"Oc}.. RX.') cc: 1oll\'Id A. lIarlc, ES1lulre 1.lcnnlfer IIcverl)' Dickinson Sl'IlOol (If 1.111\' Jlllmll" LIII\' Clinic A!:.' \,.\',,"."'1' ,\ ~ ' .,'1 J ' , "\":":'.' ,'.' 1..':':"I'r:',J ;f' ," ". ' ;'1. ,IEIUW LYNN MILum, 1'lnlntllT IN TilE counT Of COMMON I'LEAS Of CUMIIEIU.ANI) COUNTY,I'ENNSYLVANIA ,. CIVIL ACTION. LAW , -" " , L()J{ETTA LYNN METZGlm formerly LOlmTTA LYNN MILLEI{, Uefendnnt NO. 95-537 CIVIL " I nlld 81' ANLEY SIIENK,lmllA SJlENK, MIIUAM SIIENK, STANLEY ImlNFOnD,nnd ESTER 1{EINfOlU), Addltlollnl Uefelldnnts IN CUSTOUY Prior Judge: Edgar B. Ba)'le)' CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent InfomlRtlon pertaining to the child who Is the subject of this litigation Is ns follows: Amber N. Miller, born October 27, 1988. 2. A Conciliation Conference WIIS beld on June 13, 2002, with the following Individuals In attendance: The Mother, Lorettn L. Miller, with her student nttome)', Jenlllfer Heverly of the Dlckhl.~on School of Lnw fnmll)' Law Clinic; and the Father, Jerry Lynn Miller, along with Additional Defendants Stnn1ey, Reba nnd Miriam Shenk and Stanley and Ester Rein ford who were nil represented by David A. Baric, Esquire. The Relnfords did not attend the custod)' conciliation conference but are nnmed ns a pnrty. 3. This Is a rather unusunl cnse. The minor child Is not living with either parent. She Is living with n Mennonite fnmlly and she hns, apparently, adopted the Mennonite faith. Neither parent has slmllnrly embraced the Mennonite faith. The Mother was out of the child's life for a period of time but now she has requested visitation. O,'er the pnst two monlhs, she IIlIS been seeing the minor child for a few hours n week and she desires to expnnd thnt time to Include overnights. The fnmll)' t1ll1t hns custod)' of the minor child Is reluctnnt to ngree upon thnt expansion, primnril)' bl'Cnuse they feel the II1hIOl' child Is expn'sslng n reluctancl' to go with the Mother. There are nllnmbcr of I: religious/tradition overtones Involved In this cuse with respcct to Mcnnonlte wuys lIS compared to non-Mennonite customs. 4. The conclllutor rccollllllcnds the entl')' of un ordcr In the foml as attachcd. vli?/o:l D"TE' /,:' " ," I ! " i i ; Ii I I I I i 'I f '. .. . ,.- .~ ' ~ .~.:+:....:.>..:.:., ,.:.:.' '.:.:.' .:.:.'.:.:..~.:.;.. '.:+:. ':.:~"':.:' .:+:.' .:.:.- .:+;. .:.:. .:.:. .:.:. .:+:. ':.:":-:>:.:'::':.X:':.:'=>:.:';~':.>::':.:o:'.:.:., ;':.>::':.X:'.~ ~. a ~.' ~ ~ ^ y ~ ~.j : J ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ ~ ~ ~ ~ ~ OF CUMBERLAND COUNTY ~ ~ ~ X ~ ~ ~ STATE OF '>..~ PENNA. :,:,' . ;;,~ ~ ,', ~ ~ Q :.~ ~.~ ~ JERRY LYNN MILLER" ~ ~': ,', ~ ~ :'~ ~ ~'; ,', ~ .'i ~ ? ,', ~ ~ ~.~ ~ :.~ HH,d d..................... II Ii ,I 11 i' N (I, ...~.;u............. ...!;~.YJ:.~ 1995 PLAINTIFF Vel'StlS LORETTA LYNN MILLER, iI . , "Hd ........ il .......,....,..........................,.. DEFENDANT i: ,1 ~ ,. x ~ ~ ,. ~ ". " M ,'. ~ '.~ DECREE IN DIVORCE AND NOW, ....~.~...V~............ 19.'::t.:,(:"lt Is ordered and decreed that..,.,..... ~,~~~~, ,~~~~, .~~~!-'.~~,...,. ..."..... ... plaintiff, ond '.,'. .. ., '" . " . . .. .~9~.~~r~. .~Xf;lt'l. ,tm..~.E.il., . . .' .. . .. . ". defendant, are divorced from the bonds of matrimony, ~ I: ~ ;-: ~ r-: ,', !' ~ ~ ~ t; ,', ~ The court retains jurisdiction of the following claims which have been raised of record In this action for which a final order has not yet been entered; ~~ THE PARTIES MARRIAGE SETTLEMENT AGREEMENT OF JUNE 20 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . I. . . . . . .'. , ) . ,is, .:U-ICPRP.ORI\.'l:EJ;l, KJ;;ijElN ,~S. A ,J;lN.J\J;.. PRQJ;:R.,QI:'. CP.Uij'l'..,...,.."...., ^~ ' Dy T c COllrt: . ; L; .. < "'" . .: l,n trv/, ) /?../ ^It..t:,*,,4'ah/-?~,e, \~ .4- .' ~,ni' k~ ~& .1' / ~~ Prolhol1olnry ,', ~ ~.~ ~ <\ ,', ~ ,', ~ ,', ~ ,', * ~ r~ ,1. ~ .', ~ w ~.' ,', ~ ~, ~ ~', " !tt ~.; ,', ~ 'j ~ ~.; !tt ~': ,', ~ ~ ~.' ~ '.' ~ ',' ~ '.' ~ ',' ~ * ~ n. <.n . 1; .a..~~a ) , i!ti I': ',' ,', ..... ,.... -....-.,., , . . -.' - - '." ._~~~*~**~**~****~*~*~~, , .-~. \ /.;tJ.9s (led. C'~/YI~~4~ /b!O '7f ?!~ /Jdc4/ ~ 0)( Y ; . h: , ., I;' i'l .':' t ;-' , ^ // ....~. . f-- .. .-' .... 0' ,-- , ' MARRIAGE SEITLEMENT AGREEMENT THIS AGREEMENT, made this !?OYAday of ~ ,1995, by and between JERRY L. MILLER, hereinafter called Husband, and LORETTA L. MILLER, hereinafter called Wife; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on February 14, 1989 in Cumberland County, Pennsylvania; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have delerrnined to live separate and apart from each other and have consented to a mutual consent divorce; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations, including the settling of their property rights and other rights and obligations , growing out of their rnarriage in accordance with the provisions of the Divorce Code of Pennsylvania, NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as follows: 1. Separation, It shall be lawful for each party at alltirnes hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deern fit. The foregoing provision shall not be taken as admission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried, Neither shall molest the other or compel or 1 endeavor to compel the other to cohabit or dwell with him or her. 2. Division of Prooertv and A~sllmption of DehJs, The parties have divided between them to their rnutual satisfaction the personal effects, household furniture and furnishings, and other articles of personal property which have heretofore been used by them in common. and neither will make any claim to any such items which are now in possession or control of the other, except as otherwise set forth herein, The parties will keep the respective automobiles in their possession as their sole property. The parties agree to execute and acknowledge all documents necessary to transfer ownership of the respective vehicles now or at such future time as requested, Each party will be solely responsible for maintenance and insurance on the automobiles in their possession from the date of this Agreement. Husband to pay and indemnify Wife from the following debts: Loan for Ford Taurus and loan from Chester Weaver, Jr. 3. Debts. Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations Incurred by him or her subsequent to the date of separation which occurred in 1993. If any claim. action or proceeding is hereafter brought seeking to hold the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, action or proceedings, whether or not well- founded, and indernnify the other party against any loss or liability resulting therefrom, 4. Equitable ProJl~' This agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property 2 conforms with regard 10 the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the matrirnonial estate, Each partY hereby acknowledges that this agreement adequately provides for his or her needs and is in his or her best interest, and that the agreement is not the result of any fraud or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. S, The right to obtain an income and expense staternent of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court deterrnine which property is marital and which is non-rnarital, and equitably distribute between the parties tha~,pr.operty which the court deterrnines to be marital, D. The right to have the court decide any other rights, rernedies, privileges, or obligations covered by this agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses, 5. Mutual Release. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, 3 administrators or assigns, does remise, release, quit-claim and forever discharge the other I, \ t " " I , I to be done' by said other party prior to and including the date hereof; further, the parties hereto have been advised by their legal representatives, respectively, of all their rights under the Pennsylvania Divorce Code, and such rights as are not specifically Incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted, or suffered release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 6. Release of All Claims. Each party, except as otherwise provided for In this Agreement, releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been Incurred, or may be incurred, relating to or arising from the marriage between the parties, including waiving any claim to their respective pensions or retirement accounts. However, neither party is relieved or discharged from any obligations under this Agreement or under any instrument or document executed pursuant to this Agreement. 7. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and seek any other remedy allowed In law or equity. The pany breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or 4 __ft". her rights under this Agreement, or seeking such other remedy or relief as may he available to him or her. Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar breach or other breaches. 8. Full Disclosure. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of ail assets of any nature whatsoever in which such party has an interest, of the source and amount of the income of such party of every type whatsoever and ail other facts relating to the subject matter of this Agreement. 9. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. It is understood, however, that Husband, as of the signing of " this Agreement, has filed an action in divorce in the Court of Common Pleas of Cumberland County, in which he alleg~s that the marriage is irretrievably broken. Both parties understand and agree that Husband shall pursue said divorce on the grounds that the marriage is irretrievably broken, and that both parties will execute, deliver and file the necessary affidavits and all other petitions or documents necessary to effectuate the divorce pursuant to Section 3301(c) of the Divorce Code. Wife agrees that the marriage is irretrievably broken. 10. Representation of Parties by Counsel. Each party has had the opponunity to have legal counsel to represent each of them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to be represented. Each party has carefully read this Agreement and is completely aware, not 5 only of Its contents, but also of its legal effect. 11. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party falls on demand to comply with the' provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 12. Modification and Waiver. Modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 13. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 14. Successors and A~signs. This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assignees and successors in interest to the parties. 15. Governim! Law. This Agreement shall be governed by and shaH be construed in accordance with the laws of the Commonwealth of Pennsylvania. 16. Order of Court. With the approval of any coun of competent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, this 6 " I I, Agreement shall be incorporated in any decree of absolute divorce which may be passed by said court. In the event the court shall fail or decline to incorporate this agreement or any . I provisions thereof in said decree, then and in that event the panies, for themselves and their respective heirs, personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof. It is further agreed that regardless of whether said agreement or any part thereof is incorporated in, any such decree, the same shall not be merged in said decree, but said agreement and all the terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. ;;::~r:: ~ a if {M,1d. ty ~ L. MILLER (SEAL) u,~;.~ ~ Y1J~L~~ // ./ - /.. /-' ('.r - /r(r( . LORETTA L. MILLER (SEAL) domesli</divu..c/mlllcr..gr 7 . I: 1- '''' ,- = N .~. : 'n "." . .".::r ;1'1 ...1 .....-J.. . ~ 11 .'. ~': c-J ID -0 = c..C> <.r1 . JERRY L. MILLER, Plaintiff v. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-537 CIVIL TERM LORETTA L, MILLER, Defendant IN DIVORCE ?!UEC::?~ :0 ~,{SHI: ,,~COR:l To che ?rochonocar1: Trans~it the record, together with the fOllowing 1nfor=ation, to the court for entry of a divorce decree: 3301(c) & 1. Ground for divorce: irretrievable breakdown under Section ~XXX 3301(d) l(!G:lCQa) (1) of t!:e :>i'/or:e Code, (Scrike out 1.'lappl1cable section.) ::. Date and :canner of ser'/ice 0: the cocDlaint:SERVICE ON THE DEFENDANT BY U.S. CERTIFIED MAIL-RESTRICTED DELIVERY ON FEBRUARY 3, 1995. 3. (Cocplece eit!:er paragraph (a) or (b) .) (a) Date of e~ec~cion of the affidavit of consent required b~ Section 201(c).of the Divorce Code: by the ,1aint1f: JUNE 21, 1995 JULY 5, 1995 b~,defendant (b) (1) Date of e~ecution of the plaintiff's affidavit required b~ Section 201(d) of the Divorce Code: N/A . (2) Date of ser'r.lce of the plaintiff's affidavit upon the defendant: N/A 4. Related cla1=5 pending: NONE 5. Indicate date and manner of ser/ice of the notice of intention to file praecipe to transcit record, and attach a copy of said notice under section 201 (d)(l)(i) of the Divorce Code. N/A DAVID A. BARIC, ESQUIRE ~//~ Attorney for (Plaintiff) J(H~~ .-.:~ " j" I " .' '-. " ;' ~.~ l~::~~~ to' ' 'n ,r' j _.1" -i{'''' -< '- c: ..... = N c ID .." ::x ...; <.r1 . >< E5.~ ~8 o ',,: tJj:lH '.~':;SZ '0-": . ..:1::- , Eo< p: ..:I p:Pl>< P ~Ul; gtJ~ ....~~. p. , Ul Z..: , HPl . ..:I p. ~) ~ ~ ifl ~ " ~ '" ~~ ; Q --. ro I."" . ~ en ~\~ 1 i - ~~ , ~ <'11.< \ ..,. ~~ ~ ~ ~ ,., ~ ~ - ~~ ~ '-l l; ~ f "- ~, ::') u. u.. . p: .Pl ..:I ~'" :t'" . ..-4 Z.., ZS:: >< ..-4 ..:I,~ :><p. p: p: Pl .., . p: Pl ..:I ..:I H.., :t s:: . . ~] :> ..:I~ .QJ ~t:l Eo< Pl 'p: o ..:I Pl tJ p: o > H t:l Z H Eo< Z H ..: ...:1 p. :t o tJ :I: p: ~ Eo< ..:I~ HtJ >p: HO tJ> H t:l Z H ~ ~ ~ t1 ~ ~ ~ u ~ ~ ~ E u ~ ~ ~ ~ .. ~ s . 11 ~ 5 ~ O/l ~ " ~ I III 0\ . . I '" , . \ .. t ~,,-. .' JERRY LYNN MILlER, Plaintiff IN TIlE CXXlRT OF OMDN PrEAS OF OlMBERIAND COUNTY, PENNSYLVANIA v. 95--5'.3 / CIVIL TERM LORE:l'l'A LYNN MILlER, Defendant IN DIVORCE NOrICE '10 DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take proopt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the cumberland County Court House, Carlisle, Pennsylvania. YOO SHOOLD TAKE THIS PAPER '10 YOUR ATI'ORNEY AT OOCE. IF YOO 00 NOr HAVE AN ATI'ORNEY OR CANNOl' AFFORD ONE, GO '10 OR TElEPHONE TIlE OFFICE SET FORTH BEI.CM '10 FIND our WHERE YOO CAN GET LroAL HELP. court Administrator cumberland County Court House Fourth Floor Carlisle, PA 17013 Telephone: (717) 240-6200 , , JERRY LYNN MILLER, Plaintiff IN TIlE alURT OF tXlollm PLEAS OF CUMBERLAND CXXJNTY, PENNSYLVANIA v. 95- CIVIL TERM LDRETI'A LYNN MILLER, Defendant IN DIVORCE crnPIAINT UNDER SEcrION 3301(c\ OR 3301(d\ OF TIlE DIVORCE CODE 1. Plaintiff is JERRY LYNN MILLER, an adult individual who currently resides at 133 Steelstown Road, Newville, CUmberland County, Pennsylvania. 2. Defendant is LDRE'ITA LYNN MILLER, an adult individual who currently resides at R.D. 2 Box lll-C, Whiskey Run Road, Newville, CUmberland County, Pennsylvania. 3. plaintiff and Defendant have been bona fide residents in the CamPnwealth of Pennsylvania for at least six months .i.mnediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were narried on February 14, 1989, in carlisle, Cumberland County, Pennsylvania. CXlUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs one through four as if each averment were set forth fully hereunder. 6. There have been no prior actions of divorce or for annulment between the parties as to their current narriage, 7. Neither Plaintiff nor Defendant is in the Armed Forces of the united States. 8. plaintiff avers that the narriage between the parties is irretrievably broken. , 9. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree in divorce as to the marriage between Plaintiff and Defendant. CXXlNT II - EXJUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference all of the avennents contained in paragraphs one through nine of this Catplaint. 11. The parties have acquired rrotor vehicles, hane furnishings, bank accounts, and other miscellaneous items of personal property during the time of the marriage, which items are marital property. 12. The parties have been unable to agree as to the equitable division of said marital property. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree which effects an equitable distribution of the marital property. Respectfully submitted, ~.-~/~. Date: //?7A~ I I' David A. Baric, Esquire 1.0. 44853 17 West South Street carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff . <' " ' VERIFICATION I verify that the statements made in this Calplaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.s. S 4904, relating to unsworn falsification to . authorities. (2f1~ ?/2t~ j7 Y LYNN MILLER Date: /-,;; ?-.g~ ,,_~ ., .-' ,~: .-:.-.:u- \N THE COU\tT OF COMMON \'L\W; or CUMBERLAND CoUNT'!', \'\!NNS'!'LV^NI^ 95.537 C\V\L TE\tM JERRY LYNN MILLER, Plaintiff v. LORETTA LYNN M\LLER, Defendant \N DIVORCE bFFlDA v\'f OF CO~ \. " Co ",pl.'" I. 01""" ."" 5'''''' 3)0\ ('I .r ,'" 0""'" C"" w'" m,' on February 1, 1995. ~ ", ",..",., "r p",.l\ff "", D,r",'"'''' ,,,,,,,,,"h'Y h'"'''' "., ,""Y days have elapsed from the date of filing the Compllllnt. 3. 1 consent to the entry of a finul decree of divorce. 4. I ".,,,,,,., ,h" " , ",'" r '" "I\"''''Y' "1\.,,."1 ''',,'''''' "", m..' ,," p",p,rty nI ",,,.,, \ r,,' .. "p,.,..' h" "", hoo' m,' w"" "" "",,, ,,,r "" \h' ","Y .1 , ff nol "','" ,. "'''''''', ,h' ,i,hI '" ",'m "'Y "r ,", m will ho ,,,>t. S. I h'" hoo' ,',',,' ,I,h' """"hili 'Y "r ,.",,''''0 "."""",, ",' ",,,,,,,,,., ,h" I ""y "'''''' Ib" ,h' ""''' "'"',, ,h" my'",,"", un" , ,,,,,,loll''''' ,,, ."'"""" p"'" to a divorce decree being hllnded down by the court. I ""~ \ h" th' ,IU ""''"'' ","" ,. ,hi' "m,,,,h ,," '"'' "", ",,'00'. ,,,"",,,""' ,h" r"''' """m"''' h"oI. "I< .",do ,,,hI""" ,h' I""""'" "r " "", C.s.. ..""" 4904, relating to unsworn fulsific~ltlon to uuthnrltles. Date:_,0 .....;)/~ 9< - '- r.::: ~ " - C=> ,.'''.J.r;''! .. ., '."l ~n ," .\.1',':"; 'A ..~;. '1 ~'d~ -< N c::. Ul ~ .. ~ JERRY LYNN MILLER, Plaintiff IN TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95.537 CIVIL TERM v. LORETTA LYNN MILLER, DefemJant IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 1, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost 5. I have been advised of the availability of marriage counseling and understand that I may request tbut the coun require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court 6. I am not a member of the armed forces, nor In active military service, of the United States of America or the Commonwealth of Pennsylvania. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S., Section 4904, relating to unsworn falsification to authorities. Date: 7 - ,') - cf ') n il j' oJ)' 'lrl '<11 H r\ ". ~ "I. ttl ) LORETTA L. MILLER . t..... r.: ~ = - c" . . , I .... . '_ . !:' .. !~- ..-:,,;-;' '7' : -~-...., I"'l :;HI ;:,'" ....;~ N c <.0 ~ ~ I I I 11 .! JERRY LYNN MILLER, Plaintiff IN THE CXlURT OF CQoMlN PLEAS OF aJMBERIAND CXXJNTY, PENNSYLVANIA 95-537 CIVIL TERM v. LORE'ITA LYNN MILLER, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, David A. Baric, Esquire, attorney for the Plaintiff in the above- captioned divorce action, do hereby certify that I seIVed a certified copy of the carplaint in Divorce to the Defendant, as per the attached U.S. Postal SeIVice Certified Mail, return receipt card. 0' BRIEN, BARIC & SCIIERER By~t:~ David A. Baric, Esquire DATE:' 7//1?D" I l~)~n~/'b~~:!~~~~~~t?::,~;~:~~~,.:~,,/.~o~ \. ~~':';'. .1:,'~i'~"}"~ _:i~"<c~':'~':Y:~;:':'.,~'\_tf::f;~.\:i"~':;~?'J}~t~?1VT:';~I J:",~t~{,]I ~;~!~~-~~~,~i,~~': i'~i~ i ;'fT,.~~ ~',~n"\- ;~d'J:. ~);~ 'f"it{L~:~;~~'2i1;\':2~' ~&!jk.jjo'r~l;ti'~it/~!;>;d~t~.~ih'~'~!;i~ lr~il,.;~;:,c"",..~, I~ 1.1.~",!,3. ;'0, '.'~ ES'" ,'R' .'..... '. ".' ',;.!/.".: J.OIIO,W:I~g.X.rv.Jc.. .:......l.,p '.~,.~.~'.i.ic..t,: ..~.~..\:i' '1 ,'; :,,:!.~'rlnt.yout.pam,~. ,_~, I~Dt".~.~~: -f88):/''':~_i!~-''!:~'+;',:d~.:tlj~:ll-,~t~j~~V_~ I J'{, ;,.~~",tNi-,:a~laVou..~:..~, p, i : . 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'''f7J',/ f\!, '>'.::'..::'-'.,'1'.:.;,:.>" 'Dd.~'lfl..t::"';';'{tlcciD',f'.::,-c"'~' 'DI, j;:.lfNWpJ~I~}!:~ifd'~~~..,c,/\,<,...,. ..~~.~!.:::.:~~.'~'.,R.t:~:~~:~(I~i,,'ll iCl:,.>;P -, .... '101"".. .:. -";;""'~S>~/",;';~ ),' 16. n. . 8. Addr....... Add,... tOnlV II r.qu..l.d '...: t:l~.s'on:tur.' g.n .ndl.. ,I' t/d) . ":,:>:H~l , ',.'," .,.,..,....,. ..... "'''''';'j a~~ Fo,m' .: .... .. D.cembor 109.' DOMESTIC RETURN'RE~~IPT-::l ',;. f tf. i--I f!l( .. -f,-"';;~ "1 ..' . -. - . ':-,1 ~} ~:~ r."' " ::' :-~; j" ~ ".' I~: ~." ~,' , '~ ().:1: ~,. ,~ "I:) '~1 "".~:.r.n t~ I:: ~.1 ff1 ::1 ~~ ~..., <- <= .- = N t:. tD ~ . t.C '<.rI : '. " ...., . .' .' ~. ,'.._-:... . I..... -' . . ~ ~. ,';, ,~" \ ".'- " ~' . ,~'<...... -:..!..~.. -. c, =--:-.-. ~-:;-~. - -' "c JERR Y LYNN MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95.537 CIVIL TERM v. LORETIA LYNN MILLER, Defendant IN DIVORCE AND NOW, this -LL- day of , 1995, upon review of the attached Custody Agreement and it being the understanding f the Coun that the parties hereto desire for same to be entered as an Order of Court, the Court hereby orders and directs that the attached Custody Agreement is hereby entered as a1rder of Court. BY THECO}f{T, ;1 , I' ,; 1/ vliv/ "l J. / 1- n--4r 7- /'1- -fij" , . I^ . I},' (/ ~t.WJ //I....tLLO uC. _.~ (1I.l( iL _ f:.J (LlL L_ ) l c--tr:tL-- "lIlA-de ^- - J ~I"- 1 ly.J.., lV- ~ , ~ ., ," :...... j't [,\ ,"J Sb. H,l z?' \1 II lOr . - . CUSTODY AGREEMENT AND NOW, this ~ day of ~ ,1995, comes JERRY L. MILLER and LORETfA L. MILLER who agree as follows: WITNESSETH: WHEREAS, LORETTA L. MILLER is the mother of AMBER MILLER, born ,October 26, 1988; WHEREAS, JERR Y L. MILLER of Newville, Pennsylvania is the father of AMBER MILLER; WHEREAS. the parties have determined that it is in their best interest to place in writing their agreement in reference to custody of AMBER MILLER; NOW THEREFORE, the undersigned parties, the parents of AMBER MILLER, agree as follows: 1) that LORETTA L. MILLER shall have primary legal and physical , custody of AMBER MILLER; 2) that LORETTA L. MILLER shall exercise this custody at her place of residence; 3) that JERRY L. MILLER shall have times of visitation or temporary physical custody of AMBER MILLER as the parties may mutually agree upon; 4) that LORETTA L. MILLER will cooperate with all reasonable requests for visitation or temporary physical custody of AMBER MILLER as follows: . .. - a. one day per calendar week from 8:00 a.m. to 9:00 p.m., the day to be agreed upon by the parties on a week 10 week basis, b. Fathers' Day, Christmas Eve or Christmas Day, morning or evening, c. alternating holidays, and d. such other times as the parties may mutually agree upon. 5) that LORETTA L. MILLER not do anything that would interfere with AMBER MILLER having a relationship with her father, JERRY L. MILLER; and, 6) that LORETTA L. MILLER shall permit JERRY L. MILLER to exercise periods of temporary custody over JUSTIN HURRELL, born December 22, 1983 and KEITH HURRELL, born February 2, 1987, as the parties may mutually agree upon. The panies recognize that JUSTIN and KEITH are not the natural children of JERRY L. MILLER, however, JERRY L. MILLER, has formed a relationship with JUSTIN and KEITH which he desires to maintain. 7) that this Agreement be entered as an Order of Court at the request of either party; IN WITNESS WHEREOF, the parties hereto, Intending to be legally bound, hereby affIX their hands and seals to this Agreement the date first written above. ~TNESS: ~ ~~c::: . LJ/.&;fi /l. 94~ 4Y R Y L. MILLER . ./ -/ //- / ~ hP '- J' A3., n,;:{L, . 71, % _( / LORETTA L. MILLER (seal) . ~2~c 111.Lf. 1'-/?-l I1Y, ') ./ ( (seal) divorce /CUllady /millc"ogr I I l i , I f , " ... , . . ..".. ,"~ ~~: rc '-..' C"~ r" ,,, ,>. , .... 4.> = :'- ;~~ il ~~: i. '11 :~J.": ..... :.~ N "" Cl -0 = - ~ c..n ~ J (~ W W "l t " 1\ ~ Jl] t l' '/~ ~ ~~g i , :?;, <0 ""L'" - -.., iE'lIJ ,,!J.. Lo..' ;\'0 ,.... 011 i:: :~ !:>~ ..J;e !f)~ ~(C;; .rJ;' '.1 .;,; :j)lh OJ 0;; :::; a ,Ill ; ~ i:l '..:I ,'P< >< '.',':;;'~., '~8d ,:~~g., '" ';0..:1 >< ' {~; c:t: _ [/).'. . 'I; ::t~~ . .;2 rg re;' "wtl:tt..~::' ' , ;'" ",- dS~.: /~:." " . -\ , . 0:, W ~~ 'H~ :I:'j :;,:,~ " > I1:nl >< .-l ' ..:Ie.. >< 0: 0: .,w .. . . . .. " Ji " ~\b. <>' ......~ o -.!:l ,l'l 1 4 F " , I tt.. I I W I H ,0: I ..:I ~. I w o:l:l:l: w 0: " ,..1 Wo...: ~ ~ ,..1 ..:I E-<8..:1 0 .. H ...: ..:I1Il I ~ ~ ~..., H HP:;': 8 @ I' ,c' tl >tlO Iii :;':nl W H'H ~'g' e.. 'tlW 8 E ~ ~ III ' tl tl ..:IQJ r--P:"': ~ ~ ~ 0: 1"'10 a "':QJ 0 ' ,LO >. ..:I 81:l r.. IHH is C$ ~ 8 I LOI:l> ~ ~ W I :;,: C'\zt: r 0: I 0' 0 I H .~ ..:I I 8, 0 I H Z ,I 8 I W I P< . . . . . ...-. ~ i~~ .. .... ,. . . , '. V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-537 CIVIL TERM JERRY LYNN MILLER, Petitioner, LORETTA LYNN MILLER,: Respondent. : CIVIL ACTlON.LAW IN DIVORCE ORDER OF COURT './J " AND NOW,this I q day of r -I-<-u...Ul<l'~J , 1997, upon l'onsideration of the attached Petition for Special Relief, a hearing on this matter is hereby ~cheduled for ~('LUl,L'lJ ' J-ejvt.('-"~ :2:;' ,1997, at ~: ./S- /Z..m. o'clock in Courtroom No, a , Cumberland County Courthouse, Carlisle, Pennsylvania, Dy: / . . .. .. ~ (I \"l,~, "":\~n ~,',!U:1, ~I f " ,." j I'~ '1 t Ih':"'.),,'; '-'\'fl'.",4'1".In" ....;..,.. '. _....t II. J ~') '8 1"1 0 7 '1~1J LI' (,(,. ,I. (, i.:J.J ) ll;,.'It','" '. 'I J':- 'i .'''\ I\U._>.I.\V........... .... l...:loJ 301:i~o-a31i:1 .' - .: . . .~. . ...."... '. -: , , -: '. JERRY LYNN MILLER, PlaintitT, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 95.537 CIVIL TERM V. LORETT A LYNN MILLER, Defendant. : CIVIL ACTION.LAW : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes petitioner, Jerry Lynn Miller, by and through his attorneys, O'Brien, Baric and Scherer, and files this Petition for Custody and in support thereof sets forth the following: 1. Petitioner is Jerry Lynn Miller (father), an adult individual residing at 105 Fairfield ., Street, Apt. #3, Newville, Cumberland County, Pennsylvania. 2. Respondent is Loretta Lynn Miller (mother), an adult individual residing at 168 East South Street, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner and Respondent are the natural parents of Amber N. Miller, bom October26,1988. 4. On or about June 20, 1995, petitioner and respondent entered into a custody ngreement regarding Amber Miller which agreement was made on order of court. 5. The custody agreement gave primary legal and physical custody to mother. 6, Father has filed a Petition to Modify the custody order. Said petition was filed on llr about February 14, 1997. 7. The child, until recently, was residing with mother and several step-brothers including the following: Keith Hurrell, Justin Hurrell and Kody Wagner. '. "; 8. As of Saturday, FebnlRry 15, 1997, the child has begun residing with father. 9. In the laller part of January, 1997, father was informed by Children and Youth Services that the child and one of her step.brothers had been acting out sexually and that Children "lid Youth was investigating the mailer. J O. On or about February 15, J 997, upon picking up the child for temporary visitation, il was discovered that the child had a number of contusions and abrasions on her person. Father immediately took the child to the emergency facilities at Carlisle Hospital. II. It is believed that the child was beaten with a belt by the father of one of her step. brothers who visits mother's residence. Children and Youth Services is investigating this malter. J 2. The treating physicians at Carlisle Hospital have recommended that primary custody of the child be transferred immediately to father. 13. Mother has repeatedly, including the above instances, shown a failure to properly supervise the children in her household or to control the actions of others directed to her children, or protect the child. 14; Petitioner has remarried and currently resides with his wife and two young step. daughters. 15. Petitioner and his wife are very capable of caring for the child and the child has expressed a desire to reside with her father and his family. 16. Petitioner has consistently exercised periods of temporary custody of the child Ihrough the prior Order and has maintained a close relationship with her, . ~ -: WHEREFORE, petitioner, Jerry L. Miller, requests thi~ Court grant special relief and I' I ;, I , f, I: grant custody of the minor child, Amber N, Miller, to petitioner pending an agreement or further Order of Court and that this Court permit petitioner to change the school district for Amber N. 1>lillcr pending agreement or further Order of Court, or, in the altemative, schedule a hearing in IIIIS matter to determine an interim Order of Court until a full hearing of the merits is completed. Respectfully submitted, O'BRIEN, BARIC AND SCHERER ~d:?/.d. David A. Baric, Esquire 17 West South Street Carlisle, PA ]7013 (717) 249-6873 .1..h.t1lr/t1omclll</mlllcr.rlr ': -. VERIFICATION The foregoing Petition is based upon information which has been gathered by our counsel and us in the preparation ofthis action. The language of the Petition may in part be the language of our counsel and not our own. We have read the statements made in this Petition and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belicf. To the extent that the contents of the statcments are that of counscl, we have relied upon counsel in making this verification. We understand that false statemcnts herein made are subjcctto the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. .ph""?? ~. m~ Jerry L. Miller Date: ,;)-/')- ,1997 ..--- . ' ,', ' , ' I q 1! ~ r .'.': " i1: o. ~.: ci: IN '5~ Q .. M 8:( Ii '" c.. :~fn .:r' - :;)" \'1 lXI tnte F w lJ-' ~ ~ r- :::J 0' ,(.) 'l1I ..: fIl, , ..:l P4 .,Ilo." ,:>< . Eo< , E5 E5 ' ; X 0": 'XtJ H ,0 :;!: ,tJ'Q ..: ::ij> '~..:l~ , [.. gj fg /, ;:2 ~,~n,\ " :':,C?,tJ':, ' ;,fIlf..;' :.,tI:,o ?;~.::;:,' ,:;!:, .-, ,~~ ':";' ';1, , !r:t: fol ..:l ..:l.... H.... X... '"" e;" I:l >;... ..:l~ :><Po P: P: fol ,,., . . I I I I . , I P: I :>< I fIl , '" .1 ~ , H 1 I QP: 1 1-1,"" I Olol 1 X,l'l I XQ 1 'Ill I P: I ~,'g I 00 I . , Eo<:>< 1 > I I H~ , ZI=lI ..:,QJ I 00 I I HE-< I E-<I=l , Eo<l1Il E-< I HP' fIl ,I E-<tJ P: j I: ~ 0 , I p., ..:l , I I I II I I " X P: W E-<~ 00( ..:l..:lW HltJ >Zp: HOO tJH> E-< l"-tJH l"loo(l=l ~..:lZ LOHH en> H .tJ o z ! . . . .. " I ,) 1~JlJl;1J ~ ~ ~ ~ @ ~ ~ ~ ~ i ~ ~ ~ .. ~ 5 ~ ~ i2 .. III ~ ~ ~ ~.. . ~ .. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-537 CIVIL TERM JERRY LYNN MILLER, Plaintiff LORETTA LYNN MILLER, Defendant CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW THIS '2.0'7 day of ((6'V4fY , 1997, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilro , Esquire, the conciliator, at rl -fr. r~~h.,lhJ (,,, I. (o.,~~,'l ~11 , Ipt ~..( (. on the 10 day of /Jf','l , , 1997 at (}q 0 IP.M., for a pre- Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may,provide grounds for entry of a temporary or permanent order. BY THE COURT, BY Jlltj J( fJlL.. f e~J.' ( f1 Rd custof~~6iliator ' YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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 F'Lm-OFFlCE C,r' ~ It (.'..,...."! '''' ! ~ T~"'V 't I.',' . ~ , j j, ~ , ',,!. .1'r"I 97 F[:1211 f'~! ~~: "5 CU"'" '" .. 1'., ~.J..r'l: ' _\ .,' :;) 1.1\: )' ""I"") \""" ..,- \ " ~ I ., ... I ,'..1 :.....-~ \,f \ tlL~tt -b a~&k( r (( .-,L /0' ,{1r&...a cJ 'r:Jlj. 9? &t--t. (%1"'('~ & 4-' d c;ll{. f''/ '?/b-t;;~. /~:1/~ 0 tlLlI.. (';);)'1 .~) ('~ ~4-T'~.... i/.-&.../td',7-? it-~. , , ....".... ;i ;, ~ ~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-537 CIVIL TERM JERRY LYNN MILLER, Plaintiff LORETTA LYNN MILLER, Defendant CIVIL ACTION-LAW IN DIVORCE PETITION TO MODIFY CUSTODY ORDER 1. Plaintiff is Jerry Lynn Miller, an adult individual currently residing at 105 Fairfield Street, Apt. 3, Newville, Cumberland County, Pennsylvania. 2. Defendant is Loretta Lynn Miller, an adult individual currently residing at 168 East South Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of Amber N. Miller, born October '26, 1988. The child was not born out of wedlock. The child is presently in the custody of Loretta Lynn Miller who resides at 168 East South Street, Carlisle, Cumberland County, Pennsylvania. During the past five years, the ~hild has resided with the following persons and at the following addresses: Jerry Lynn Miller and Loretta Lynn Miller at Betty Nelson Trailer Court, Box 12, CarliSle, Cumberland County, Pennsylvania. Loretta Lynn Miller at R.D. 2 Box l1lC, Whiskey Run Road, Newville, Cumberland County, Pennsylvania. Loretta Lynn Miller at 168 East South Street, Carlisle, Cumberland County, Pennsylvania. , , The mother of the child is Loretta Lynn Miller currently residing at 168 East South Street, Carlisle, Cumberland County, Pennsylvania. She is divorced. The father of the child is Jerry Lynn Miller currently residing at 105 Fairfield Street, Apt. 3, Newville, Cumberland County, Pennsylvania. He is married to Kimberly Miller. 4. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Kimberly Miller Wife Brandea Foltz Wife's daughter Kendra Foltz Wife's daughter 5. The relationship of Defendant to the child is that of patural mother. The Defendant currently resides with the following persons: Keith Hurrell Son Justin Hurrell Son Kody Wagner Son 6. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the child in this or another court. , , Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. "j ~ ~ Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the 'child \~ill be served by granting the relief requested because the Defendant is not providing the proper oversight, care or home environment for the child. Further father can offer the appropriate oversight care and environment for the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NONE WHEREFORE, Plaintiff requests the court to grant custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~.?/ t:: ~. Date: 211'1 /17 David A. Baric, Esquire LD. II 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/domestic/m!ller.pet . . . ~ ", . . VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. ~ 4904, relating to unsworn falsification to authorities. a.,~~ :m~ c:7 er Lynn Miller DA'l'ED: fJ-/9" -9? ., , l JERRY LYNN MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY v. LORETTA LYNN MILLER, Defendant NO. 95-537 CIVIL AND NOW, this ORDER OF COURT d ,tN'I, ,?'1 day of February, upon consideration of Defendant's Motion for Continuance it is ORDERED AND DIRECTED that the Custody hearing scheduled for February 25, 1997 at 2:45 p.m. is continued. Tl.':'" ,,,att:llr is rsssheduled for Ehe _ Jeoy u[ 199'7 :=.... n*t"'ln,..", m,. in COl.1rttoon, o[ Lhe-€umbcrland COURl-l' r'nllrthouse, Carlisle, PennsYlvania. . Further, it is ORDERED that primary custody of the parties' minor daughter, Amber Miller (D.O.B. 10/26/88) shall be with the father and Mother at times mutually this court. agreed upon by the parties J. Edgar B. / \' ,',.r.',",l,I.~: ,"'!,:'I"' ':~'1 ~"/ '5 '''' t1.. I \ ~ ~:~ ;,JJ Lb )'Hi'_C;.,',.i,";..... '.. ,.;. ~J ~~I:!:'O'uJii:J " v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY JERRY LYNN MILLER, Plaintiff LORETTA LYNN MILLER, Defendant NO. 95-537 CIVIL MOTION FOR CONTINUANCE '1 I j I NOW COMES Defendant, Loretta Miller, by and through her attorneys, the Family Law Clinic, and respectfully requests that the Court continue the Custody hearing scheduled for February 25, 1997 at 2:45 p.m. and states as follows: 1. The parties to this action, Loretta Miller (mother) and Jerry Miller (father), are the natural parents of Amber N. Miller (D.O.B. 10/26/88). 2. A custody hearing is scheduled for February 25, 1997 before The Honorable Edgar B. Bayley, Jr. on father's Petition for Special Relief. 3. On Friday, February 21, 1997, Mother was served with the Petition and Notice of this hearing. 4. On Monday, February 24, 1997, Mother obtained the services of the Family Law Clinic to represent her in this matter. 5. Father's Petition requests that the Court transfer primary custody of the parties' minor daughter, Amber, from Mother to Father. Although Mother does not admit the allegations of the Petition, she is agreeable to father having primary custody at this time. Further, daughter is already in father's care at this time. '. 6. A custody hearing will require a determination of when mother shall have partial custody of Amber. 7. In order to adequately represent the interests of mother regarding her entitlement to partial custody of Amber, the Family Law Clinic is in need of a continuance for the purpose of preparing for the hearing. 8. Pending further order of this court Mother agrees that father will have primary custody and he may transfer Amber from the Carlisle Area School District to the Big Spring School District. 9. Father, through his attorney, has consented to this continuance. 10. The parties would ask that the court reschedule this matter within the next two weeks. WHEREFORE, Mother requests that the Court grant this motion " and continue this custody hearing for a period of two weeks. Date dj,~'-Ilqrl o ___ <::: n (, I .) \\ 'O."".....J..J 0. r'-U.~3....u SHANNON S. PIERGA INI Certified legal intern If, ~I 7-? y.:J 1\..'-,1.......... '- OMAS M. ;PLACE ROBERT E. RAINS KATHERINE C. PEARSON Supervising Attorney GAIL R. SHEARER Staff Attorney FAMILY LAW CLINlC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 , JERRY LYNN MILLER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ... LAW IN CUSTODY LORETTA LYNN MILLER, Defendant NO. 95-537 CIVIL CERTIFICATE OF SERVICE I, Shannon S. Piergallini, Certified Legal Intern, do hereby certify that I am serving a copy of the Motion for Continuance upon David A. Baric, Esq., counsel for plaintiff, by depositing a copy in the U.S. mail, first-class, postage prepaid addressed as follows: David A. Baric, Esq. 17 West South St. Carlisle, PA 17013. A copy is also being faxed to him. Date: 'd J..J.I.J / q ~7- rO.,l'-.cL , ,.:;} I J 5/ Cj r) .. rno...\ \...c.L ~h~\J\\J,l~5, \...llL~ e~ Shannon S. Piergall'ni . . ~ ~f ~ 11' r ~ ~ r b- . to ~ . ~ ~. t-, .0 0 (. ...J 'f1 . ~""r .- .." :;J r,'I\" ,"" ~;~ j" . ':''':J ; ,',11 ~ .) .nlT! lJ) (..'1 "J? ~;I. .)b ~':': ,J Or] .' ..., -,_.- ..'. ..?r-, ~'.' .0 Cj(" --I .... ~ l:. ...-; 0-. ~ , ' 'e A" I, [-'Ii J 'l n) i~):.J I JERRY LYNN MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V . . :CIVIL ACTION - LAW LORETTA LYNN MILLER, Defendant . . :NO: 95-537 CIVIL TERM : IN CUSTODY COURT ORDER AND NOW, this ~_ day of April, 1997, upon consideration of the , attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Custody Orders in this case are vacated. 2. The Father, Jerry Lynn Miller, and the Mother, Loretta Lynn Miller, shall enjoy shared legal custody of Amber N. Miller, born October 27, 1988. 3. The Father shall enjoy primary physical custody of the minor child. -I. 4. The Mother shall enjoy periods of temporary physical custody of the minor child as follows: A. On every Sunday from 9:00 A.M. until 5:00 P.M. B. At such other times as agreed by the parties. I 5. The parties shall convene again for another Custody Conciliation Conference on June 19, 1997. At this Conference, the parties can address the entry of a more permanent Custody Order. This Custody Order is a temporary Custody Order and shall not prejudice the parties in any way with respect to litigating all issues at a hearing if a hearing is required in this case. 6. When the Mother is exercising custody with the minor child, the following conditions shall apply: A. The minor child shall be in the Mother's custody at all times and shall not be left alone in the presence of Mr. Kirby Wagner. B. The minor child shall not at all be in the presence of Mr. Jesse Shoemaker. C. The child shall always have access to a telephone in the event she would like to call her Father for any reason. .. .. 7. The Mother shall also have reasonable telephone access to the minor child so that she may speak with the minor child while the child is in the custody of the Father. CCI David A. Baric, Esquire Family Law Clinic - c."d'".... J. ",i~ . BY T,E CO Edgar B. l)o>';"cCt,{ 'f /oi', J 1'1. <> ,.,l), ~ , .......-' h \ ........-"'.;_...----.:" JERRY LYNN MILLER, Plaintiff V :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . :CIVIL ACTION - LAW LORETTA LYNN MILLER, Defendant . . :NO: 95-537 CIVIL TERM :IN CUSTODY prior Judge: Edgar B. Bayley CONCILIATION CO~CE slJMMASY REPORT - IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8 (b) , the undersigned custody conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Amber N. Miller, born october 27, 1988. 2. A conciliation Conference waS held on April 10, 1997, with the following individuals in attendance: The Father, Jerry Lynn Miller, with his counsel, David A. Baric, Esquire, and the Mother Loretta Lynn Miller, with her counsel, Shannon piergallini, of the Dickinson School of Law Family Law Clinic. 3. The parties agreed to the entry of an order in the form as attached. . ':\ " / ~'." , ., , "" ,..1:"1, '" / ~"~"l - ~:")'1 "".' 0""" ~ .',''; "', ':, . " 't: ~~j' /. I.. V " "'i','" ........ .. ." . ;;;::;,....-',.,,-1. --J..r.," , '.' 1 '.~ Of' 'I ..1,../ ",.f rr= C') ~- .' N ':"': ;::: 0:' . , IJlr? :-1.: (.). .' :' r' J....l .:"; ::.i l~l'_: i (. C~I ,,-~ 01. I )~ lJ.11.. J lil1 t.:;!: .' . , .: ~ .,' - \:,.\... ." 10. r- :.~.) u cr (.) , . JERRY LYNN MILLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V . . :CIVIL ACTION - LAW . . LORETTA LYNN MILLER, Defendant :NO: 95-537 CIVIL TERM :IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY :REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Amber N. Miller, born October 27, 1988. 2. A Conciliation Conference was held on June 19, 1997, with the following individuals in attendance: The Father, Jerry Lynn Miller, with his counsel, David A. Baric, Esquire, and the Mother, Loretta Lynn Miller, with her counsel, Tina Moukoulis of the Dickinson School of Law Family Law Clinic. 3. The parties were previously before the Conciliator in April of 1997. At that time, the Mother had surrendered custody of the minor child to the Father. The Mother had had custody for a number of years but an incident took place with the Mother's live-in fiancee that caused concern for the child's welfare. The Mother had delivered the chid to the Father. At that time, the Mother agreed that the Father could keep custody and Mother would start seeing the child on every Sunday from 9:00 a.m. until 5:00 p.m. and the parties would come back and meet with the Conciliator in two months. 4. Mother's position is that custody has gone well over the past few months and that she is now requesting an expansion to overnight. Father is resistant to any overnight expansion suggesting that there are still criminal charges against the fiancee which are pending and he also lacks any trust in the Mother to properly supervise the child. . 5. The parties are unable to reach an agreement and a hearing is required. A hearing should take no more than one day. ~~~I DATE Hubert X. Gilr Custody Conci re ,. . , ' , . _.~. ~..'""-'" ~....,' . ';.~~l... < .,. .-.- .~.- -;::- - .. ~. 'J . I "~1 \ 'Q AUf; 2 b 1997 JERRY LYNN MILLER/ Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY/ PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY v. . . LORETTA LYNN MILLER, Defendant . . NO. 95-537 CIVIL ORDER OF COURT AND NOW, this ~ day of August, 1997 upon consideration of Defendant's Motion for Continuance it is ORDERED AND DIRECTED that the Custody hearing scheduled for september 4, 1997 at 1:30 p.m. is continued generally. Further, it is ORDERED that the current Custody Order of April 21, 1997 remain in full effect pending further order of this Court. J. I -' Ou... ',) /;"/ ., ,{~l1c, ' ...\\..,;,,; :...'..1./-1'>'-' ' ....~u. ..'~ ' 0,,"" ~ ,'.--1 {, 1,;- , . . ~ , . ,.' . , ..,\/:;.., 1,.'/?I...\ o. ".. '''-I''\,'''' , ':. ':~,.~:'~d . "i/\ . "0 l. (: ~'Il" .. I~ '-,.1 ,'.' 'J ... ':" ~ , , JERRY LYNN MILLER, Plaintiff I I v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY LORETTA LYNN MILLER, Defendant NO. 95-537 CIVIL MOTION FOR CONTINUANCE NOW COMES Defendant, Loretta Miller, by and through her attorneys, the Family Law Clinic, and respectfully requests that the Court continue the custody hearing scheduled for September 4, 1997 at 1:30 p.m. and states the following in support: 1. The parties to this action, Loretta Miller (mother) and Jerry Miller (father), are the natural parents of Amber N. Miller (D.O.B. 10/26/88). 2. A custody hearing is scheduled for September 4, 1997 before The Honorable Edgar B. Bayley, Jr. on mother's Petition for Modification requesting that the Court expand her temporary physical custody of the parties' minor daughter, Amber, to include overnight visitation. Mother currently has temporary physical custody on every Sunday from 9:00 a.m. until 5:00 p.m. 3. Mother does not desire or intend to proceed at this time on her Petition for Modification. 4. Defendant requests that the current Custody Order of April 21, 1997 remain in effect until further order of this Court. 5. Plaintiff's attorney has been informed of Defendant I s intent to request this relief. Date ~ ,41 ) OCELN L. WILLIAMS erti ied Legal Intern ~\~! M~ ROBERT E. RAINS KATHERINE C. PEARSON supervising Attorney DONALD MARRITZ Staff Attorney WHEREFORE, Mother requests that the Court grant this motion and continue this custody hearing generally. FAMILY LAW CLINIC 45 North pitt street Carlisle, PA 17013 717-243-2968 .,~ ..... JERRY LYNN MILLER, . IN THE COURT OF COMMON PLEAS OF . plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. . CIVIL ACTION - LAW . . IN CUSTODY . LORETTA LYNN MILLER, Defendant . NO. 95-537 CIVIL . CERTIFICATE OF SERVICE I, Jocelyn L. Williams, certified Legal Intern, do hereby certify that I am serving a copy of the Motion for Continuance upon David A. Baric, Esq., counsel for plaintiff, by depositing a copy 'JJ;-lh in the U.S. mail, first-class, postage prepaid on the aLL day of August, 1997 addressed as follows: David A. Baric, Esq. 17 West South st. Carlisle, PA 17013. and by this date faxing him a copy at ~ o'clock ~.m. at #249-5755. Date: nlJ:5/C(7 , ( I, , c-. .0 n r.;,~ ..j ...., "Ili.: ,'. "~ J l~:t I' c:: t,") ,1,:2 ;";{.: N ',In \,/1..,' v, It:? ~~t.i 06 J".. ' , -,'-n ",:1"'1 ' ;:!J ~~SJ ".(~ - ,:jl ... .. ;;': ;:~ .., .. ~ -.. I" ~ t 1 ~ ~ \J .,J - &,.0 ...:> <()' " , APR 0 II 2002 -::9 LORETTA LYNN METZGER (formerly MILLER), Petitioner/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JERRY LYNN MILLER, Respondent/Plaintiff : NO. 95 - 537 CIVIL ORDER AND NOTICE A Petition to Modify Custody Order has been filed in the Court of Common Please of Cumberland County conceming custody, partial custody and visitation of Amber N. Miller. The Court has leamed you, Stanley, Reba and Miliam Shenk, may have a legal interest in custody, partial custody, or visitation of the child named. A Pre-Healing Custody Conference will be held before the conciliator, at ,_om., on the _ day of ,2002, at . If you wish to have custody, partial custody, or visitation of the child or, wish to present evidence to the Conciliator on those matters, you should appear at the place and time and on the date above. If you have the child in you possession or control, you must appear and bling them to the Courthouse with you. If you wish to claim the right of custody, partial custody or visitation, you may file a counterclaim. If you fail to appear as provided by this order or the bling the child, an order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. BY THE COURT: Date J. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3 I 66 , - --- _~. :0:--_. _ _ AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common PI ens of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and rensonable accommodations available to disabled individuals having business before the court, plense contact our office, All arrangements must be made at lenst 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, JERRY LYNN MILLER, RespondentlPlaintiff : NO. 95.537 CIVIL LORETTA LYNN METZGER (formerly MILLER), Petitioner/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : IN CUSTODY AND NOW, this ORDER I ~day of ~, 2002, upon considemtion of the foregoing petition, it is hereby ordered that 1. A rule is issued upon Stanley, Reba, and Miriam Shenk to show cause why Petitioner is not entitled to the relief requested; ;!-,-Smnler.Rcb:r,nnd-MiriUl'lrShenlnihnlt1l1e UlI answeNO tl,G pGti~ rod,,>_ ..' L.~, -hA (L I _ ~ I ~ n J. ^ ~ ~ J L... ? ~ ~,"'c., ~,- ICM-Ul- '-t"'~ ~ ~~ded-u'lder-Pll:R"G:P,-No:-%06:1:.. .J!. , z..b ~,.. ~ -n our- IO~lXl c..*'o, iV-We., "1}'1~' I 'UJfY'- J .+. Notice of the entry oflhis order shall be provided to all parties by the petitioner. &1:; t.O: /o::lJ.,ljI Bo...R,C'.. . <5tdllJj , Re-\:..>' 't (Y) O-R i Ct(Y\ ~eli ~-h\tJ \esl9 E s*"e ~ Rei ~ -rc; r ~NI\lI feR HeveJ.y' 1. , l \.Ll ~~ .... (.. t(. ,,". ',' tf, c:': -...l ..~. uj..'. \:)l~: l'"l#;' .~ \'1' W', ." ,. .-,., (>. ') ~:') (~ . - cr"l ..f/) I, - : :\;:~. .. f,/ ;\\('J ~.'" c:~ 'I t1- ,1,\C~ \-' ~ .-,;. It) ('0\ '::-5 CJ (,) . . LORETfA LYNN METZGER (formerly MILLER), Petitioner/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JERRY LYNN MILLER, Respondent/Plaintiff : NO. 95 - 537 CIVIL PETITION TO ,lOIN PARTY Now comes the Petitioner, Loretta Lynn Metzger ("Mother"), by her attomeys, the Family Law Clinic, pursuant to 23 Pa,C.S.A. ~5351 and Pa,R.C.P. 1915.6, and petitions the Court to join Stanley, Reba, and Miriam Shenk us parties to this action. Petitioner avers that: . 1. On April 21, 1997, an Order of Court was entered for custody of Amber N. Miller ("Child"), bom October 27, 1988, a true und correct copy of which is attached hereto us Petitioner's "Exhibit A". 2. Mother is this date filing a Petition to Modify Custody Order seeking primllry physical custody of the Child in the Court of Common Pleas ofCumberlund County. Mother will serve the Order scheduling a Pre-Hearing Custody Conference and said Petition upon Stanley, Reba, and Miriam Shenk of 19 Lesher Road, Newburg, Pennsylvania 17240, when such Order is entered. 3. Stanley, Reba, and Miriam Shenk currently have physical custody of the Child and should be joined as parties to this action pursuant to 23 Pa.C.S.A. ~5351 and Pa.R.C.P. 1915.6. 4. Petitioner is appending a copy of all prior pleadings related to custody in this case, docketcd No. 95.537, pursuant to Pa,R.C.P. 1915,6, which include: Petition to Modify Custody Order, signed 4/1102 Order Granting Continuance, entered 8/27/97 Motion for Continuance, filed 8/25/97 Conciliator's Report and Order for Heming, entered 717197 Order of Court regarding Custody, entered 4/21/97 Order of Court Granting Continuance, entered 2/25/97 Motion for Continuance, filed 2/25/97 Order of Court scheduling hearing on Petition for Special Relief, entered 2/19/97 Petition for Special Relief, filed 2/18/97 Order of Court incorporating Custody Agreement, entered 7/11/95 Custody Agreement, filed 7/10/95 5. TIle concurrence of David Baric, Esquire, allomey for Respondent/Plaintiff Jerry L. Miller was sought and no response was received. WHEREFORE, Petitioner requests that the Court enter an Order instructing Stanley, Reba, and Miriam Shenk to appear at the Pre-Hearing Custody Conference and bring the Child to the Courthouse with them or, in the altemative, issue a Rule to Show Cause instructing Stanley, Reba, and Miriam Shenk to give reason why they should not be joined lIS parties to this Custody action, Date: t.\ S .., -- ciLJ1 rfltC't (Jo/L..JLf'-tJaJ/L 'Thom . J) ace Robert . Rains Lucy Johnston-Walsh, Supervising Allol1leys FAMILY LAW CLINIC 45 North Pill Street Carlisle,PA 17013 {717} 243-2968 '. , EXHIBIT ^ 'JERRY LYNN MILLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : V :CIVIL ACTION - LAW LORETTA LYNN MILLER, Defendant . . :NO: 95-537 CIVIL TERM : IN CUSTODY COURT ORDER AND NOW, this ..21 day of April, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior custody Orders in this case are vacated. 2. The Father, Jerry Lynn Miller, and the Mother, Loretta Lynn Miller, shall enjoy shared legal custody of Amber N. Miller, born October 27" 1988. 3. The Father shall enjoy primary physical custody of the minor child. 4. The Mother shall enjoy periods of temporary physical custody of the minor child as follows: A. On every Sunday from 9:00 A.M. until 5:00 P.M. B. At such other times as agreed by the parties. ~t 'j': 30 C\'l"f\,. 5. The parties shall convene again for r another Custody Conciliation Conference on June 19, 1997l:::.-At this Conference, the parties can address the entry of a more permanent Custody Order. This Custody Order is a temporary Custody Order and shall not prejudice the parties in any way with respect to litigating all issues at a hearing if a hearing is required in this case. 6. When the Mother is exercising custody with the minor child, the following conditions shall apply: A. The minor child shall be in the Mother's custody at all times and shall not be left alone in the presence of Mr. Kirby r~agner. B. The minor child shall not at all be in the presence of Mr. Jesse Shoemaker. C. The child shall always have access to a telephone in the event she would like to call her Father for any reason. " , 7. The Mother shall also have reasonable telephone access to the minor child so that she may speak with the minor child while the child is in the custody of the Father. BY THE COURT, 1St ~ 13.M Edgar . Bayley J. cc: David A. Baric, Esquire Family Law Clinic " TRUE COPY FROM RECORD In Ti.~ r rn~ny whm'of, I hrorl! unto set my hand nnU'lho $.:~I of ~aid Court at Carlisle, Pa, lhls ",OlJ~~" day of...,~w:L:! 19..~1.'1 ........-4.b1t;tt!~' , " JERRY LYNN MILLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION -LAW LORETTA LYNN MILLER, Defendant . . :NO: 95-537 CIVIL TERM :IN CUSTODY prior Judge: Edgar B. Bayley CONCILIATION CoNFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pert:aining to the child who is the subject of this litigation is as follows: Amber N. Miller, born October 27, 1988. 2. .11 Conciliation Conference was held on April 10, 1997, with the ,following individuals in attendance: The Father, Jerry Lynn Miller, with his counsel, David A. Baric, Esquire, and the Mother Loretta Lynn Miller, with her counsel, Shannon Piergallini, of the Dickinson School of Law Family Law Clinic, 3. The parties agreed to the entry of an Order in the form as attached. lI'!"'f' , .,.... -_1 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false stntements herein are subject 10 the penalties of 18 Pa. C,S. ~ 4904 relating to unswom falsification to authOl;ties, Date: 'l." J - " J.. >:ff- ..:/d; x: 7k# --. Biretta Lynn Metzger .. CERTIFICATE OF SERVICE I, Jennifer Heverly, Cel1ified Legal Intem at the Family Law Clinic, hereby certify that I am serving a true and COl1'cct copy of the attached Petition to Join Party this date upon the following persons: 1. David Baric, Esquire, attol11ey for Respondent/Plaintiff, of O'Brien, Baric, and Scherer at 17 West South St., Carlisle, P A 17013, by depositing a copy of the same in the United States mail; 2. Stanley, Reba,nnd Miliam Shenk of 19 Lesher Road, Newburg, Pennsylvania, 17240, by certified mail, retum receipt requested, restricted delivery. 3. Stanley and Esther Reinford of 328 Pine Road, Mount Holly Springs, Pennsylvania, 17065, by certified mail, retum receipt requested, restricted delivery; ~ FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 f" III LORETfA LYNN METZGER (formerly MILLER), Petitioner/Defendant : IN THE COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JERRY LYNN MILLER, Respondent/Plaintiff : NO. 95 - 537 CIVIL PETITION TO MODIFY CUSTODY ORDER Now comes Lorclla Lynn Metzger ("Mother"), through her attorneys, the Family Law Clinic, pursuant to 23 Pa.C.S,A. ~ 5310 and Pa,R.C.P. 1915.15, and petitions the Court to Modify the Ordcr of Court entered April 21, 1997. Petitioner avers that: 1. On April 21, 1997, an Order of Court was cntered for custody of Amber N. Miller ("Child"), bom October 27, 1988, a true and correct copy of which , is attached hereto as Petitioner's "Exhibit A". Under the existing Order, Jerry Lynn Miller ("Father") has primary physical custody of the child. Mother is to have tempomry physical custody of the child every Sunday from 9:00 A.M, until 5:00 P.M. and at such other times as agreed by the parties. 2. This Order should be modified because: a. For scveral years the parties have agreed to a custody arrangement significantly different than the Order of April 21, 1997. b. Thc Child resided with a Mennonite family, Stanley and Esther Reinford, for some period of time in 1998, and again from npproximate1y June of 1999 until November 200 I, at thc rcqucst of the Father. c, In or around Septembcr of 200 I, Stanley and Esthcr Reinford asked Mother and Fathcr to ccase all contact with thc Child, other than by tclephonc, for a three month .,1 t,1 period. In December of 200 I, the Child was moved to the home of another Mennonite family in Cumberland County, Stanley, Reba, and Miriam Shenk, without the consent of Mother, which is contrary to the Court Order providing for shared legal custody. d, Since March 3, 2002, Mother has been denied temporary physical custody rights as provided in the Order. e. The conditions which prompted Mother to voluntarily relinquish primary custody of the Child to the Fatherin 1997 have changed significantly, and Mother now desires to regain primary physical custody oflhe Child. f. Mother is able to provide for the physical, emotional, educational and social needs oflhe child. g. Mother desires to have primary physical custody and believes that it would be in the best interest of the Child to reside with her because she is the biological parent of the Child, 3, The concurrence of David Baric, Esquire, attorney for Respondent/Plaintiff Jerry L, Miller was sought. Mr. Baric responded by letter dated March 5, 2002 that Father is not agreeable to modification of the existing custody order. 4, By separate petition, Mother is requesting that Stanley, Reba, and Miriam Shenk and Stanley and Esther Reinford bejoined as parties to this action pursuant to 23 Pa,C,S.A. ~ 5351 and Pa.R.C.P. 1915.6. ,,' .' ~ WHeRe FORE. p,m;""" ~'" tbot tb' Coo" """if, tb' ";,,;,, 0"", ,,, c",,,d, "" ""t M,tb" prim'" P"";'" ",tOO, bo'"'' \t w;\I b, \, tb, bo,t ;,to..t ,ftb' ,bild. Date: t./-Lb~ ~\ __.f. Jenni e Heverly certi led Legal Intern Thorn Mol ace Robert . Rains Lucy Johnston.Walsh Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243- 3639 I" ... t EXUIBIT A 'JERRY LYNN MILLER, Plaintiff :IN TilE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :CIVIL ACTION - LAW . . LORETTA LYNN MILLER, Defendant :NO: 95-537 CIVIL TERM : IN CUSTODY COURT ORDER AND NOW, this ..2/ day of April, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Custody Orders in this case are vacated. 2. The Father, Jerry Lynn Miller, and the Mother, Loretta Lynn Miller, shall enjoy shared legal custody of Amber N. Miller, born October 27, 1988. 3. The Father shall enjoy primary physical custody of the minor child. 4. The Mother shall enjoy periods ~E temporary physical custody of the minor child as follows: 5. A. On every Sunday from 9:00 A.M. until 5:00 P.M. B. At such other times as agreed by the parties. t'-~ i: ~oo.""f\ . The parties shall convene again for r another Custody Conciliation Conference on June 19, 1997.-.:/At this Conference, the parties can address the entry of a more permanent Custody Order. This Custody Order is a temporary Custody Order and shall not prejudice the parties in any way with respect to litigating all issues at a he/iring if a hearing is required in this case. 6. When the Mother is exercising custody with the minor child, the following conditions shall apply: A. The minor child shall be in the Mother's custody at all times and shall not be left alone in the presence of Mr. Kirby Wagner. B. The minor child shall not at all be in the presence of Mr. Jesse Shoemaker. C. The child shall always have access to a telephone in the event she would like to call her Father for any reason. ". 7. The Mother shall also have reasonable telephone access to the minor child so that she may speak with the minor child while the child is in the custody of the Father. BY THE COURT, 151 ~~.v\. 13. )t,*V Edgar . Bayley J. co: David A. Baric, Esquire Family Law Clinic TRUE COpy FROM RECORD III T..~frn~II'1 wl1t:r~'of. I hllr.! unto set my hand oll,('ho '-",II.)f 5<1id Court M Carll!le. Po. 1hl$ ...02.'::7.t day Of,..,a~w:L., '19..~l:.r ...............JJJ.~~;.'\,p;!~LI. . <.Jrr'1/ ." ,., 1 JERRY LYNN MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . LORETTA LYNN MILLER, Defendant :NO: 95-537 CIVIL TERM : IN CUSTODY " , prJor Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: ' 1. The pertinent information pert:aining to the child who is the subject of this litigation is as follows: Amber N. Miller, born October 27, 1988. 2. A Conciliation Conference was held on April 10, 1997, with the following individuals in attendance: The Father, Jerry Lynn Miller, with his counsel, 'David A. Baric, Esquire, and the Mother Loretta Lynn Miller, with her counsel, Shannon Pierga11ini, of the Dickinson school of Law Family Law Clinic. 3. The parties agreed to the entry of an Order in the form as attached. Hubert x. Gilroy Esquire Custody Concili tor It' .., VERIFICATION I verify thutthe statements made in this petition are true nnd correct. I understand thnt fnlse statements herein arc subject to the pennlties of 18 Pa, e.s. 9 4904 relnting to unswom falsification to authorities. Dnte:~ ~i'-'" *~ dJ. l~ Loretta Lynn Metzger ' CERTIFICATE OF SERVICE I, Jennifer Heverly, Certified Legallntcm at the Family Law Clinic, hereby certify that I am serving a true and correct copy of the attachcd Petition to Modify Custody Order this date upon the following persons: I. David Baric, Esquire, attorney for Respondent/Plaintiff, of O'Brien, Baric, and Scherer at 17 West South SI., Carlislc, PA 17013, by depositing a copy of the same in the United States mail; 2. Stanley, Rcba, and Miriam Shenk of 19 Lesher Road, Newburg, Pennsylvania, 17240, by ccrtified mail, retum receipt requested, rcstricted delivery. 3. Stanley and Esther Rcinford of 328 Pine Road, Mount Holly Springs, Pennsylvania, 17065, by certified mail, retum rcceipt rcquestcd, restricted delivery; " tQ)[Plf Date Jcnnifer Heverly Certified Legallntem FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 ." . ' AllG 2 6 1997 JERRY LYNN MILLER, . IN THE COURT OF COMMON PLEAS OF . plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . CIVIL ACTION - LAW . . IN CUSTODY . LORETTA LYNN MILLER, . . Defendant . NO. 95-537 CIVIL . ,I ( ORDER OF COURT AND NOW, this.;}'7 day of August, 1997 upon consideration of Defendant's Motion for continuance it is ORDERED AND DIRECTED that the custody hearing scheduled for September 4, 1997 at 1:30 p.m. is continued generally. Further, it is ORDERED that the current Custody Order of April 21, 1997 remain in full effect pending further order of this Court. /.5/ ~ 713. "'A..vl Edgar B. Bayley (J d' J. Trout: COpy I:P.0M RECORD In T{ t,!:tll~nl ': k I"':~' ! II r~ IJr,t'J sot my harad ~nu tho !cill ~f ,!I,d C,'.,'t1 ill (nrli~lo, Pa, This ",,~:-~,. day of:. a.~",'i'" 19..?.'l. ........,...~~.':1;t:~,.p;~fo~~...-_. ,It I" JERRY LYNN MILLER, Plaintiff . . 'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : . . v. . . . . LORETTA LYNN MILLER, Defendant . . n ,0 0 ~; ...... -n \Ji~i ~ ~"J '"J'ltll ~ ;1i~:;g ZI, 'Z I' 1'> 'n tiJ ~.: U1 ~.3 2E;J - ~ :1-33 ~?:n -- k-;C) -t,C) - --rn NOW COMES Defendant, Loretta Miller, by and tti~ough- h~ ~ g; ~ attorneys, the Family Law Clinic, and respectfully requests that . . NO. 95-537 CIVIL MOTION FOR CONTINUANCE the Court continue the Custody hearing scheduled for September 4, 1997 at 1:30 p.m. and states the following in support: 1. The parties to this action, Loretta Miller (mother) and Jerry Miller (father), are the natural parents of Amber N. Miller (D.O.B. 10/26/88). 2. A custody hearing is scheduled for September 4, 1997 before The Honorable Edgar B. Bayley, Jr. on mother's Petition for Modification requesting that the Court expand her temporary physical custody of the parties' minor daughter, Amber, to include ove;rnight visitation. Mother cur7ently has temporary physical custody on every Sunday from 9:00 a.m. until 5:00 p.m. 3. Mother does not desire or intend to proceed at this time on her Petition for Modification. 4. Defendant requests that the current Custody Order of April 21, 1997 remain in effect until further order of this Court. 5. Plaintiff's attorney has been informed of Defendant I s intent to request this relief. ., f'f I'. WHEREFORE, Mother requests that the Court grant this motion and continue this custody hearing generally. Date ~ 141 1,1. /. J Il,tt,l OCELVN L. WILLIAMS ertified Legal Intern h~~M Matf:z~ THOMAS'M. PLACE ROBERT E. RAINS KATHERINE C. PEARSON Supervising Attorney DONALD HARRITZ Staff Attorney FAMILY LAW CLINIC 4S North Pitt Street Carlisle, FA 17013 717-243-2968 ,I'. ,I' JERRY LYNN MILLER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW IN CUSTODY v. LORETTA LYNN HILLER, Defendant NO. 95-537 CIVIL CERTIFICATE OF SERVICE I, Jocelyn L. Williams, certified Legal Intern, do hereby certify that I am serving a copy of the Motion for continuance upon David A. Baric, Esq., counsel for plaintiff, by depositing a copy in the U.S. mail, first-class, postage prepaid on the ,J5~day of August, 1997 addressed as follows: David A. Baric, Esq. 17 West South st. carlisle, PA 17013. and by this date faxing him a copy at ~ o'clock ~.m. at #249-5755. Date: nll/)/c(7 .', .' . JUN 2 7 199~ JERRY LYNN MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CW'IBERLAND COUNTY, PENNSYLVANIA V . . :CIVIL ACTION - LAW . . LORETTA LYNN MILLER, Defendant :NO: 95-537 CIVIL TERM :IN CUSTODY COURT ORDER AND NOW, this 'J-I:f::- day of (1 n , 1997, upon consideration of the attached Cust~bonciljation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No! 2 of the Cumberland County Courthouse on the 'I (!- day of .J.hD-r,-~ , 1997, at m. at which time testimony will be taken in the above case. At this hearing, the Mother, Loretta Lynn Miller, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel memorandums setting forth the history of the custody in this caso, the issues currently before the Court, witnesses that will be called for each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the hearing date, 2. Pending further Order of this Court, this Court's prior Order of April 21, 1997 shall remain in effect. BY THE COURT, hI r:~~ A f3~ Edgar B. Bayley 7 J. cc: Tina Moukoulis, Family Law clinic David A, Baric, Esquire - .: ~. ".-' '-::/~. "",.i':'" , ,<'-i'.';' ,'r,;,;, '..,".:.' TRUE COPY FROM RECORD In Testimony wh6reol, I hero unto set my hand;.";:i'~; and too saaI of seld c~u at Carlisle, pa., ',,'~."',.,'.',".'..',f'.,",~,~;','~,i,','., a ( . . ''''''\( This r .'~ "'v of II 19" 7' ' ,. l.'/ci,..""", ~ ":;&,-" .., '---, --., """'~"""'..n. t. )111lL- O~ ,~)1tlll('J.~ ,U)b~ -:,.,..~;\t~~:~{l~1 , I I'roIf1 trl.", ' .,':;;"?\r'i).\fl. on"'.... , :r:6f~~\I~ :':":;tr~1& ""'I ,{.{~~ .... ." JERRY LYNN MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :CIVIL ACTION - LAW . . LORETTA LYNN MILLER, Defendant :NO: 95-537 CIVIL TERM :IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Amber N. Miller, born October 27, 1988. 2. A Conciliation Conference was held on June 19, 1997, with the following individuals in attendance: The Father, Jerry Lynn Miller, with his counsel, David A. Baric, Esquire, and the Mother, Loretta Lynn Miller, with her counsel, Tina Moukoulis of the Dickinson School of Law Family Law Clinic. 3. ~'he parties were previously before the Conciliator in April of 1997. At that time, the Mother had surrendered custody of the minor child to the Father. The Mother had had custody for a number of years but an incident took place with the Mother's' live-in fiancee that caused concern for the child's welfare. The Mother had delivered the chid to the Father. At that time, the Mother agreed that the Father could keep custody and Mother would start seeing the child on every Sunday from 9:00 a.m. until 5:00 p.m. and thp. parties would come back and meet with the Conciliator in two months. 4. .- ;'<~ ,~;~~ , "..,...",,,,,~ ;;~{~ "."~ " >i:",1{~!?~~~: ,.j~, " " , "~,\~:g{&k~J::c , .."'.1. ,~ L',":-:~ 'd"'_' '. ,~.~:~i~' . . '~.,-. Mother's position is that custody has gone well over the past few months and that she is now requesting an expansion to overnight. Father is resistant to any overnight expansion' suggesting that there are still criminal charges against the fiancee which are pending and he also lacks any trust in the Mother to properly supervise the child. 4,~lt7 DATE. ' Rubert X. Gilr , Esquire custody Conoi ator ..... ." 5. The parties are unable to reach an agreement and a hearing is required. A hearing should take no more than one day. .";' ," I'll JERRY LYNN MILLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :CIVIL ACTION - LAW . . LORETTA LYNN MILLER, Defendant :NO: 95-537 CIVIL TERM :IN CUSTODY COURT ORDER AND NOW, this .:11 day of April, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Custody Orders in this case are vacated. 2. The Father, Jerry Lynn Miller, and the Mother, Loretta Lynn Miller, shall enjoy shared legal custody of Amber N. Miller, born October 27,. 1988. 3. The Father shall enjoy primary physical custody of the minor child. 4. The Mother shall enjoy periods of temporary physical custody of the minor child as follows: 5. A. On every Sunday from 9:00 A.M. until 5:00 P.M. B. At such other times as agreed by the parties. o.t 1': ilC C\'N\. The parties shall convene again for r another Custody Conciliation Conference on June 19, 1997 ,~t this Conference, the parties can address the entry of a more permanent Custody Order. This Custody Order is a temporary Custody Order and shall not prejudice the parties in any way with respect to litigating all issues at a hearing if a hearing is required in this case. 6. When the Mother is exercising custody with the minor child, the following conditions shall apply: A. The minor child shall be in the Mother's custody at all times and shall not be left alone in the presence of Mr. Kirby Wagner. B. The minor child shall not at all be in the presence of Mr. Jesse Shoemaker. C. The child shall always have access to a telephone in the event she would like to call her Father for any reason. 1St ~~ 13'~=a Edgar . Bayley J. ,....1 ," 7. The Mother shall also have reasonable telephone access to the minor child so that she may speak with the minor child while the child is in the custody of the Father. BY THE COURT, cc: David A. Baric, Esquire Family Law Clinic TRUE COpy FROM RECORD III Ti.~1 fIl')tlY Whll"(of, I hnrl! unto !leI my hand allttlhJ ~,JI of ~"id Courl At Carlisle, Pa, .u.-t nl_'~' cZn Ihls,,021 ",,,. ,d~y of.",~~~:: 19... ...1 '."~1;fC';;;.,,€'%,' , ' ,.... ." JERRY LYNN MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :CIVIL ACTION - LAW . . LORETTA LYNN MILLER, Defendant :NO: 95-537 CIVIL TERM :IN CUSTODY prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of tJlis litigation is as follows: Amber N. Miller, born October 27, 1988. 2. A Conciliation Conference was held on April 10, 1997, with the following individuals in attendance: The Father, Jerry Lynn Miller, with his counsel, ,David A. Baric, Esquire, and the Mother Loretta Lynn Miller, with her counsel, Shannon Piergallini, of the Dickinson School of Law Family Law Clinic. 3. The parties agreed to the entry of an Order in the form as attached. N q7 11 TE .. I"'.' .1' JERRY LYNN MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY LORETTA LYNN MILLER, Defendant NO. 95-537 CIVIL ORDER OF COURT IQ'l'7 AND NOW, this ~5~ day of February, upon consideration of Defendant's Motion for Continuance it is ORDERED AND DIRECTED that the Custody hearing scheduled for February 25, 1997 at 2:45 p.m. is continued. T1.io!l ."aLL!.:!: is rBsgll'l\~1Jled COt L1u:: _ day of 1~31 aL. u."",loclt, _w. in C'ou:rtr~vlU vr Ll~c C"'.LU,berlana-' eouflty CO\:lrt:hntlRe. ("~"'J ia.l:e,P~nIlBylv"nitrt Further, it is ORDERED that primary custody of the parties' minor daughter, Amber Miller (D.O.B. 10/26/88) shall be with the father and Mother shall have partial custody at times mutually agreed upon by the parties pending further order of this court., 1.51 ~~'v 13. ~p,>+, Edgar B. Daylcy---O ~ J. TRUE COpy FROM RECORD In Tt~t:mQIlY ""bellf, I hMe unto set my hand and the seel of said Court at Carlislo, Pa, This ....~,~.~.. day of....3i.RM:..,... 19...1..7 ...~~....~.I..i?&~~,ITl.............._ J:>t~ . Prothonotllry I"'.' " JERRY LYNN MILLER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY v. LORETTA LYNN MILLER, Defendant (") '" 0 C -.I ." ~. :s.. .." ._1 [BH~ rrt 7=:n ;Z:t" o:l '11~ -il;,":: N '0/ ....H .. :71 ~':: Ul :!J r- t.. ,"I ...~. :=n or.::n ~:C' :-.r: ijr-tl~ ~~ I~." ~~ J:. -. L.D u ~7.; .. ;;t thr~ug~ h~ NO. 95-537 CIVIL MOTION FOR CONTINUANCE NOW COMES Defendant, Loretta Miller, by and attorneys, the Family Law Clinic, and respectfully requests that the Court continue the Custody hearing scheduled for February 25, 1997 at 2:45 p.m. and states as follows: 1. The parties to this action, Loretta Miller (mother) and Jerry Miller (father), are the natural parents of Amber N. Miller (D.O.B. 10/26/88). 2. A custody hearing is scheduled for February 25, 1997 before The Honorable Edgar B. Bayley, Jr. on father's petition for Special Relief. 3. On Friday, February 21, 1997, Mother was served with the Petition and Notice of this hearing. 4. On Monday, February 24, 1997, Mother obtained the services of the Family Law Clinic to represent her in this matter. 5. Father's Petition requests that the Court transfer primary custody of the parties' minor daughter, Amber, from Mother to Father. Although Mother does not admit the allegations of the Petition, she is agreeable to father having primary custody at this time. Further, daughter is already in father's care a~ this time. 6. A custody hearing will require a determination of when mother shall have partial custody of Amber. 7. In order to adequately represent the interests of mother regarding her entitlement to partial custody of Amber, the Family Law Clinic is in need of a continuance for the purpose of preparing for the hearing. 8. pending further order of this court Mother agrees that father will have primary custody and he may transfer Amber from the Carlisle Area School District to the Big Spring school District. 9. Father, through his attorney, has consented to this continuance. 10. The partie~ would ask that the court reschedule this matter within the next two weeks. WHEREFORE, Mother requests that the Court grant this motion and continue this custody hearing for a period of two weeks. Date .:;o7/,;H Iq /1 ,- C\ _.~.) ,. ')\ 'u. .... ",:,.-: '--' r ......--:..--.>i{)... ,--'-~. '..: SHANNON S. PIERGALLINI Certified legal intern '~''-I 1)1 ,.<1/~,-.-...___ ~ '1JHOMAS M. ;PLACE ROBERT E. RAINS KATHERINE C. PEARSON Supervising Attorney GAIL R. SHEARER Staff Attorney FAMILY LAW CLINIC 45 North pitt Strp.et Carlisle, PA 17013 717-243-2968 ,'11'1.' .t, JERRY LYNN MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY v. LORETTA LYNN MILLER, Defendant NO. 95-537 CIVIL CERTIFICATE OF SERVICE I, Shannon S. Piergallini, Certified Legal Intern, do hereby certify that I am serving a copy of the Motion for Continuance upon David A. Baric, Esq., counsel for plaintiff, by depositing a copy in the U.S. mail, first-class, postage prepaid addressed as follows: David A. Baric, Esq. 17 West South st. Carlisle, PA 17013. A copy is also being faxed to him. Date: d /..)'-/ / L] '7 - rG-~'-cL , ".) I J 5/ q r) - rncu t ,--_c.L ~\"\ov,,^I.J)-0.s, " C~ Shannon S. Piergall'ni ,'.' \" ", ,',ty V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 95-537 CIVIL TERM JERRY LYNN Mll..LER, Petitioner, LORETTA LYNN MILLER, : Respondent. : CIVil. ACTION.LAW IN DIVORCE AND NOW, this ORDER OF COURT ;tt.. ( 9 day of ~--"fn..tAt..1 a , 1997, upon " consideration of the attached Petition for Special Relief, a hearing on this matter is hereby scheduled for :r-l.U4-~./ --=g:~U/l.(j.:JS" ,1997,at ";;:'lS" e,.m.o'clock in Courtroom No. ~ , Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, By: ISI Cdr''' 73. ~J J. \ .'flll" fl. JERRY LYNN MILLER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-537 CIVll.. TERM V. LORETTA LYNN MILLER, , Defendant. : CIVll.. ACTION.LAW : IN DIVORCE PETITION FOR SPECJAL RELIEF AND NOW, comes petitioner, Jerry Lynn Miller, by and through his attorneys, O'Brien, " Baric and Scherer, and files this Petition for Custody and in support thereof sets forth the following: 1. Petitioner is Jerry Lynn Miller (father), an adult individual residing at 105 Fairfield Street, Apt. #3, Newville, Cumberland County, Pennsylvania. 2. Respondent is Loretta Lynn Miller (mother), an adult individual residing at 168 East South Street, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner and Respondent are the natural parents of Amber N. Miller, bom October 26, 1988. 4. On or about June 20, 1995, petitioner and respondent entered into a custody agreement regarding Amber Miller which agreement was made on order of court. 5. The custody agreement gave primary legal and physical custody to mother. 6. Father has filed a Petition to Modii}' the custody order. Said petition was filed on or about February 14, 1997. 7. The child, until recently, was residing with mother and several step.brothers including the following: Keith Hurrell, Justin Hurrell and Kody Wagner. ."1"'- ,II 8. As of Saturday, February IS, 1997, the child has begun residing with father. 9. In the latter part of January, 1997, father was informed by Children and Youth Services that the child and one of her step-brothers had been acting out sexually and that Children and Youth was investigating the matter. 10. On or about February IS, 1997, upon picking up the child for temporary visitation, it was discovered that the child had a number of contusions and abrasions on her person. Father immediately took the child to the emergency facilities at Carlisle Hospital. 11. It is believed that the child was beaten with a belt by the father of one of her step. brothers who visits mother's residence. Children and Youth Services is investigating this matter. 12. The treating physicians at Carlisle Hospital have recommended that primary custody of the child be transferred immediately to father. 13. Mother has repeatedly, including the above instances, shown a failure to properly supervise the children in her household or to control the actions of others directed to her children, or protect ~he child. , 14. Petitioner has remarried and currently resides with his wife and two young step- daughters. IS. Petitioner and his wife are very capable of caring for the child and the child has ~:<pressed a desire to reside with her father and his family. 16. Petitioner has consistently exercised periods of temporary custody of the child through the prior Order and has maintained a close relationship with her. .'.,',' .t, WHEREFORE, petitioner, Jerry L. Miller, requests this Court grant special relief and grant custody of the minor child, Amber N. Miller, to petitioner pending an agreement or further Order of Court and that this Court permit petitioner to change the school district for Amber N. Miller pending agreement or further Order of Court, or, in the alternative, schedule a hearing in this matter to determine an interim Order of Court until a full hearing of the merits is completed. Respectfully submitted, O'BRIEN, BARIC AND SCHERER ~~~{{, David A. Baric, Esquire 17 West South Street Carlisle, PA 17013 (717) 249-6873 .lnh.dlr/domeJlldmWer.rIf ."tj,I.'1 VERIFICA nON The foregoing Petition is based upon information which has been gathered by our counsel and us in the preparation ofthis action. The language of the Petition may in part be the language of our counsel and not our own. We have read the statements made in this Petition and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the elCtent that the contents ofthe statements are that of counsel, we have relied upon counsel in making this verification. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. a?1'~.m~ ,?/ Jerry L. Miller " Date: ,;)-/')~ .1997 JERRY LYNN )\IfTT T P.R, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-537 CIVIL TERM LORETTA LYNN MILLER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this III-C-..day of ~ 1995, upon review of the attached I Custody Agreement and it being the understanding of the Court that the parties hereto desire for same to be entered as an Order of Court, the Court hereby orders and directs that the attached Custody Agreement is hereby entered as an Order of Court. BY THE COURT, I~l OJ (~ (j lj~~J.j~d . .. ...... ' '., . . ~"I' ---- . '-F "., ..../'~;- Iti...l\.!._ Ill. 'ole ,j_"/ t...;,tiwJ ,...- r.... f.'; .. ,- L~ c: /'" ;; 71!..<i':..... ';:""u,Cu.. "-'-,...... r. . " l" C CUSTODY AGREEMENT ~J AND NOW, this.iJr! day of ~ . LORETIA L MIT T PR who agree as follows: ~ t." L.' ~ . 1995, comes JERR Y L MILLER and WITNESSETH: ~(Q)~~J WHEREAS, LORETIA L MILLER is the mother of AMBER MILLER, born October 26, 1988; WHEREAS, JERRY L MILLER of Newville, Pennsylvania Is the father of AMBER MILLER; WHEREAS. the parties have determined that it is in their best interest to place in writing their agreement in reference to custody of A.\1BER MILLER; NOW THEREFORE. the undersigned panies, the parents of M..IBER MILLER, agree as follows: 1) that LORETTA L MIllER shall have primary legal and physical custody of AMBER MILLER; 2) that LORETTA L MILLER shall exercise this custody at her place of residence; 3) that JERRY L MILLER shall have timcs of visitation or temporary physical custody of A.\1BER MILLER as the panies may mutually agrcc upon; 4) that LORETTA L. MILLER will coopcratc with all rcasonable requests for visitation or temporary physical custody of A.\tBER MILLER as follows: ~_. --'-" ,-----_.. ., .... ...,.. . ...-.... ... .' .,~- ... .:..... .' a. one day per calendar week from 8:00 a.m. to 9:00 p.m., the day to be agreed upon by the parties on a week to week basis, b. Fathers' Day, Christmas Eve or Christmas Day, morning or evening, c. alternating holidays, and d. such other times as the parties may mutually agree upon. 5) that LORETIA L MILLER not do anything that would interfere with Ai\1BER MILLER having a relationship with her father, JERRY L MILLER: and, 6) that LORElTA L. MILLER shall permit JERRY L MILLER to exercise periods of temporary custody over . JUSTIN HURRElL, born December 22, 1983 and KEITH HURRELL, born February 2, 1987, as the parties may mutually agree upon. The panies recognize iliat JUSTIN and KEITIi are not the natural children of JERR Y L. MILLER, however, JERRY L MILLER, has formed a relationship with JUSTIN and KEITH which he desires to maimain. /, Part.V: I f I 7) that iliis Agreement be entered as an Order of Coun at the request of ei~her ... . IN \VITNESS 'W'HEREOF, the panies hereto, intending to be legally bound, hereby aft1" their bands and seals to this Agreement the date first written above. h:l/?~. oJ. ~L fJ1..J.-rJ--:,-.--.. ') ~' I LJ~' .tJ. 94C:Y~ ~ ~R Y L MILLER , "./ . A,.-/;:;C . ;TJ1.~~ / LORETTA L MILLER (seal) (seal) d""'m:!t1JJIOdr!auIJ.,..S' ~"\ '~l~~ .! I " l' (j C-) n r; ('-,; oil ;':... ... . i".'Fi .., " ~ I: 'J f2;i ". ;.,,) I --. -) '" J ~. . I '. ,.,.1"; m to; '1. .<;.- ,'-,) r.:.l.,: ?:..-: -.. " '" :~ ":1"'1 tJ '.~ ....... ,~, S1 ;-1.) ;i';i:. .- , , " ; ~ :..~ ~j '-.J -< ci . (jebn- -""fit,) \d;l/2dd i' I .1 j -' . . ~ (}P7!.'t.~t<...z'-';)7 .JM'~4 ,; ", .Jl..d .4'..______ '; ~ JlPR 0 9 2002 ~ MEMO To: Custody Conciliator and/or Court Administrator From: Jennifer Heverly, Certified Legallntem, Family Law Clinic Date: April 8, 2002 Re: Scheduling of Conciliation Conference in MilicI' v. MClzgcr (Millcr), No. 95 - 537 In addition to the Petition to Modify Custody Order filed this date, the Family Law Clinic has also filed two Petitions to Join Parties to this action. When scheduling the conciliation conference, please allow adequate time for the Judge to order the parties to be joined or, alternatively, to issue a Rule to Show Cause why they should not be joined. Thank you very much. LOIUlTrA LYNN METZGER IN TIlE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY.PENNSYl.VANIA PLAINTIFF v. 95.537 CIVil. ACTION LA W JERRY LYNN MILLER DEFENDANT IN CUSTODY onDlm OJI COllin AND NOW, Wcdnesday, April 17, 2002 , upon considcration of thc uttuchcd Compluint. it is hcrcby dircctcd tlmt purtics and thcir rcspectivc counselllppcur I.cfore Hubcrl X. Gilroy, Esq. .' thc conciliutor, at 41h Floor, Cumberland County Courthousc, Curllslc on Thursday, May 09, 2002 lit 10:30 AI\! for a Prc-Hcaring Cuslody Confcrenee. At such conference,lIn eflort will hc mude to resolve the issucs in dispute; or if this cunnot bc accomplished, to define and nllrrow the issues 10 be heurd by tbe court, und to cnter into u temporary order. All children age five or older muy ulso be present utthe conference. Fuilure to uppear utthe conference may provide grounds for entry of a temporary or pemmnent order. The court hereby directs the purtles to furnish any IInd ull existing Protectlnn from Abuse orders, Special RelicI' orders, and Custody orders to the conciliator 48 hours prior 10 scheduled hearing. FOR THE COURT, By: . /5/ HI/bert X. Gilroy, Esq. OIlV' Cuslody Coneilintor The Court of Common Pleas ofCumberlnnd County is required by IlIw to comply with the Amerieons with Disabilites Act of 1990. For infomlation about accessible lucilitics nnd reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at leastn hours prior to any hearing or business belbre the court. You must attend the schedulcd conference or hearing. YOU SHOULD TAKE TillS PAPER TO YOUR ATI'ORNEY AT ONCE. IF YOU DO NOT HAVE AN ATI'ORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL lIEU'. Cumberland County Bar Association 2 Liberty Avenue Cllrlisle, Pennsyl \'allia 17013 Telephone (717) 249-3166 f-'tU.U' ~::; ;r:(.(~ C? ;' W ':ii'- ::Ji'NW O? 1nn 1- I'" ~. 2n ... ,.~ ( hI' 11 ;" . \ot cUq'':.:I-~! /','" II'..-!! i,I,IT\I I'.._~._. I, . ,~ . '"- .... 11 I PcNil:SYL,!",j ,\ I( / '). (1';; l/'II'()d I/./) . ~.) w. ~.~ 7J;- 4 .~~ .)6~ ~ /U~ ~ 4;6l~ 'I . - (...~~c# ~ 'TI-.~ ~ - ,to., .',...l. APR 0 II 2002 '!> LORETTA LYNN METZ9ER (formcrly MILLER), Petitioner/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JERRY LYNN MILLER, Respondent/Plaintiff : NO, 95 - 537 CIVIL ORDER OF COURT AND NOW, this _ day of , 2002, upon consideration of the attached Petition to Modify Custody Order, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at at , _.m., on thc _ day of , 2002, for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT BY: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249.3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Coml11on 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 all'angements must be made at least 72 hours prior to any heming or business before the court. You must attend the scheduled conference or hearing. \ ., ~. .. . LORETTA LYNN METZGER (formerly MILLER), Petitioner/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : IN CUSTODY JERRY LYNN MILLER, Respondent/Plaintiff : NO. 95 - 537 CIVIL PETITION TO MODIFY CUSTODY ORDER Now comes Loretta Lynn Metzger ("Mother"), through her attorneys, the Family Law Clinic, pursuant to 23 Pn.C.S.A. ~ 5310 and Pa.R.C.P. 1915.15, and petitions the Court to Modify the Order of Court entered April 21, 1997. Petitioner avers that: I. On April 21, 1997, an Order of Court was entered for custody of AmberN. Miller ("Child"), born October 27, 1988, a true and correct copy of which is attached hereto as Petitioner's "Exhibit A". Under the existing Order, Jerry Lynn Miller ("Father") has primary physical custody of the child. Mother is to have temporary physical custody of the child every Sunday from 9:00 A.M, until 5:00 P.M. and at such other timcs as agreed by the parties. 2. This Order should be modified because: a. For several years the parties have agreed to a custody arrangement significantly different than the Order of April 21, 1997. b. TIle Child resided with a Mennonite family, Stanley and Esther Reinford, for some period of time in 1998, and again from approximately June of 1999 until November 200 I, at the rcquest of the Father. c. In or around September of 200 I, Stanley and Esther Reinford asked Mother and Father to CC,l~e all contact with the Child, other than by telephone, for a three month .1. .t' . period. In December of 200 I, the Child was moved to the home of nnothcr Mennonite fnmily in Cumberlnnd County, Stanley, Rebn, nnd Mirinm Shenk, without the consent of Mother, which is contrary to the Court Order providing fOl' shared lcgal custody. d. Since Mnrch 3, 2002, Mother has been denied tempornry physicnl custody rights as provided in the Order. e. The conditions which prompted Mother to voluntarily relinquish primary custody of the Child to the Father in 1997 have changed significantly, and Mother now desires to regain primary physical custody of the Child. f. Mother is able to provide for the physical, emotional, educational and social needs of the child. g. Mother desires to have primary physical custody and believes that it would be in the best interest of the Child to reside with her because she is the biological parent of the Child, 3. The concurrence of David Barie, Esquire, attorney for Respondent/Plaintiff Jerry L. Miller was sought. Mr. Baric responded by letter dated March 5, 2002 that Father is not agreeable to modification of the existing custody order. 4. By separate petition, Mother is requesting that Stanley, Reba, and Miriam Shenk and Stanley and Esther Reinford be joined as parties to this action pursuant to 23 Pa.C.S.A. * 5351 andPa.R.C.P.1915.6. ~'-..r" .&. ..0 WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Mother plilllary physical custody because it will be in the best interest of the child. LIl,Io2 Date: Jenni e Heverly Certified Legallntem , ) -0- Tholll M.l ace Robert ,Rains Lucy Johnston-Walsh Supervising Attomeys ~tJJ<L FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243- 3639 ., .J . . . EXHIBIT A 'JERRY LYNN MILLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . LORETTA .LYNN MILLER, . Defendant :NO: 95-537 CIVIL TERM : IN CUSTODY COURT ORDER AND NOW, this .~I day of April, 1997, upon consideration of the attached custody Conciliation Report, it is ordered and directed as follows: 1. The prior Custody Orders in this case are vacated. 2. The Father, Jerry Lynn Miller, and the Mother, Loretta Lynn Miller, shall enjoy shared legal custody of Amber N. Miller, born October 27, 1988. 3. The Father shall enjoy primary physical custody of the minor child. 4. The Mother shall enjoy periods of temporary physical custody of the minor child as follows: 5. A. On every Sunday from 9:00 A.M. until 5:00 P.M. B. At such other times as agreed by the parties. l"'~ 1':300."" . The parties shall convene again for r another Custody Conciliation Conference on June 19, 1997 ,~t this Conference, the parties can address the entry of a more permanent Custody Order. This Custody Order is a temporary Custody Order and shall not prejudice the parties in any way with respect to litigating all issues at a hearing if a hearing is required in this case. 6. When the Mother is exercising custody with the minor child, the following conditions shall apply: A. The minor child shall be in the Mother's custody at all times and shall not be left alone in the presence of Mr. Kirby Wagner. B. The minor child shall not at all be in the presence of Mr. Jesse Shoemaker. C. The child shall always have access to a telephone in the event she would like to call her Father for any reason. ,./ I . . 7. The Mother shall also have reasonable telephone access to the minor child so that she may speak with the minor child while the child is in the custody of the Father. BY THE COURT, IsI ~~'- 13. ~'*Zl Edgar . Bayley J. cc: David A. Baric, Esquire Family Law Clinic . TRUE COpy FROM RECORD III T,.nln':"" I'Ihll-.'(,I, I h'ln) unto 5llt my hand Jlltt'lh:) ';,JI of "<lid Court at Carlisle, Pa. 1hls..02' ~t. UJY of.....~~., 19..~1.:.t r t. '{J " .::,rJ' . ..........~n.~'?-h..~.~p~:~~~LI-... .t:.J(j....<~. J . .. ' JERRY LYNN MILLER, Plaintiff V :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA. : :CIVIL ACTION - LAW LORETTA LYNN MILLER, Defendant . . :NO: 95-537 CIVIL TERM :IN CUSTODY prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of tJlis litigation is as follows: Amber N. Miller, born October 27, 1988. 2. A Conciliation Conference was held on April 10, 1997, with the following individuals in attendance: The Father, Jerry Lynn Miller, with his counsel, David A. Baric, Esquire, and the Mother Loretta Lynn Miller, with her counsel, Shannon Piergallini, of the Dickinson School of Law Family Law Clinic. 3. The parties agreed to the entry of an Order in the form as attached. Hubert x. G~lroy Esquire Custody concili tor ~ . I . VERIFICATION I vcrily tlmt the statcmcnts made in this petition are true and correct. I understand that false statcmcnts hcrein arc subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unswom falsification to authorities. Date:~ .1^"fte. 01. l'l~ Loretta Lynn Metzger '... , .." CERTIFICATE OF SERVICE I, Jennifer Heverly, Cel1ificd Lcgallntem at the Family Law Clinic, hcreby certify that I am serving a true and COITect copy of the attachcd Petition to Modify Custody Order this date upon the following persons: I. David Baric, Esquire, nttomcy for Respondent/Plaintiff, of O'Brien, Baric, and Scherer at 17 West South St., Carlisle, PA 17013, by depositing a copy of the same in the United States mail; 2. Stanley, Reba, nnd Miriam Shenk of 19 Lesher Road, Newburg, Pennsylvania, 17240, by certified mail, return receipt requested, restrictcd dclivery. 3. Stanley and Esther Rcinford of328 Pine Road, Mount Holly Springs, Pennsylvania, 17065, by certified mail, return receipt requested, restricted dclivery; ~ Date ~~ ,1-14 Jenmfer verly Certified egal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 \ '.. . -.' n C> n r..:; I"~' -\-I 'M ...! ""t1i':; .(1 'n [!11" ~. ) , ...~ _I i I '~ : ' .' iil~':'; . "0' '::0 ';'l(,IJ -~.. ~ (A. ?~: lor ..~ ~ ;:.1, ~d J'':(O, ... (il .:.C} '2 ;,::r I ;;'C: ~?I ? - ~ ~ ~~1 '.J -< APR 0 II 2002~ . . . .. ... LORETTA LYNN METZGER (formerly MILLER), Petitioner/Defendant : IN nIE COURT or COMMON PLEAS or : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY : NO. 95 - 537 CIVIL JERRY LYNN MILLER. Respondent/Plaintiff PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Lorella Lynn Metzger, Petitioner/Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in fonna 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:-=t1-lo'2.- THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ",,~-.. CERTIFICATE OF SERVICE .. .. . I, Jennifer Heverly, Certified Legal Intern at the Family Luw Clinic, hereby certify that I am serving u true und correct copy ofthe uttached Praecipe to Proceed In Forms Puuperis this dute upon the following persons: I. David Buric, Esquire, attorney for RespondentJPluintiff, of O'Brien, Buric, und Scherer at 17 West South St., Carlisle, PA 17013, by depositing a copy of the same in the United States mail; 2. Stanley, Rebu, and Miriam Shenk of 19 Lesher Roud, Newburg, Pennsylvunia, 17240, by certified mail, return receipt requested, restricted delivery. 3. Stanley and Esther Reinford of 328 Pine Road, Mount Ho\1y Springs, Pennsylvaniu, 17065, by certified muil, return receipt requested, restricted delivery; t-j ~ O-z. Date FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 ~._.. -. I i Ii i " " n 0 n ~!.~ r", -., l>> -, -r'III ." -" QJ!!! ~ ".t:: ....), I .,.,r" ;;;':'-1 H_Ii.-:::' lJ} ..: OJ . ., L. -,0.- :'JP r:..\:; ;::.:.... \~~J -. j:C'l :!: -- ~) 4('"l a :::';. n ~C:: L' .. 'i;! ~ :=I .- ~ ,.., -.. // .,r , f.." , LORETTA LYNN METZGER (formerly MILLER), Petitioner/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY : NO. 95 - 537 CIVIL i JERRY LYNN MlLLER, Respondent/Plaintiff PROOF OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C.S. ~4904 (relating to unsworn falsitication to authorities), the undersigned verities that the Family Law Clinic scrved a true copy of the Petition to ModifY Custody Order, Petition to Join Party regarding Stanley and Esther Reinford, Petition to Join Party regarding Stanley, Reba, and Miriam Shenk, and Praecipe to Procecd In Forma Pauperis on Stanley, Reba, and Miriam Shenk by placing the same in the U.S. Mail, certitied no. Z 338 765254, restricted delivcry, return receipt requested, postage prepaid, on the 8d. day of April, 2002, addressed as follows: Stanley, Reba, and Miriam Shenk of 19 Lesher Road, Newburg, Pennsylvania, 17240. Sender's receipt no. Z 338 765 254 is attached hereto and incorporated by reference. On or about the 10th day of April, 2002, rcturn receipt no. Z 338 765 254 was delivered to the Family Law Clinic, bearing thc signatures of Stanlcy, Rcba, and Miriam Shenk and showing a date of service of April 9, 2002. The return receipt is attached hercto and incorporated by reference. u Illil I (J2- ~ J~-~ Certified Legallntcrn FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 . p .--.- , . _ .,_~..._._,..-.~___ L...;."'"" ~j' ~A. , -. ,~--... I.~ . -,,,,'-"-.- , , . , SENDER: 'COMPLETE TillS SECTION " . Complete Items 1, 2, and 3. Also complete Item 4 II Restrlcted OellvelY Is desired. . prtnt your neme and oddress on the rove..e so thaI we can relurn the card to you, . Altaeh Ihls card to the back of the mall piece, or on Ihe lroolll spece permits. 1. Article Addntssed 10: S-rat1 \l.J l'i2eVt\. tlt'\J Kid a\l\ 1 .s; hel"'\::.;= r ,q {,Ls\1-e.r 'I2otJ. NtvJlourt:j1 PA I tZL/O 3. SoNic. Type \ltI,Certlfled Mall CI e,pIOI' Mall o ~oglallll1ld CI ~alu," ~BCelpl to( Men:handlae , o InlUred Mell CI C.O,D. ' 4. Aa.lri<.led DeIIv.....? (Ex're Fee) 'f " . , ;1 i( ,1 Dom..llc Aelu," Recelpl 102595-iO-M.I7D9 --..---- Z 338 765 254 Certified Fee ~-....... 0::-'" , p o -. o I /" I ~~:(:.. .' ) r:.'"(", ~.c::.. ~ , , if :1 .';. l <.::,11 33 -< -"r"; ~~ ....) ,-.> I , MAY 1 0 zou20 ,mlmy LYNN MILum, l'lnlnllff IN TilE COURT OF COMMON PLEAS OF ClJMBERLANI) COUNTY,I'ENNSYLV ANlA \' CIVIL ACTION. LAW LORETTA LYNN MF:TZGEI{ formcrl)' LOIU~TTA LYNN MILLER, Dcfcndnnt NO. 95 - 537 CIVIL IInd STANLEY,lHmA & MilHAM SIlENK, Addillonnl Dcfcndnnts IN CUSTODY COURT ORDER AND NOW,_thls 13 day of May, 2002, upon consIderation of the attached CIL~tody Conclllatlon Report, it Is ordered and dlrccted as follows: I. This Court's prior Order of April 21, 1997 Is vacated, 2. The Father, Jerry L, Miller, and the Mother, Loretta L. Metzger, shall continue to enjoy shared legal cnstody of Amber N, Miller, born October 27, 1988. 3. The Father shnll continue to enjoy primary physical custody of the minor child with the understanding that actulll physical custody of the minor child Is with Additlonlll Defendllnts Stllnley, Reba and MIriam Shenk. 4. The Mother shall enjoy p('rlod~ of temporary physlclll custody on each weekend with the t1meframe being from 11:00 a.m, until 5:00 p.m. on Saturday or Noon nntll 6:00 p.m. on Sunday, The pllrtles shall communicate with each oth('r to detemllne what exact t1meframe the Mother will exercise on each w('ekend, , : '.' ..' "'~.,"..-' I, ._ ~; ~ ~ ',..... . '''.~'. .-..-- ", ...... .. tT; CXJ ~ .;1 .". z ,.- .. ::>~ UJ r;~ t"': 0- ~"~2 [j ~:: u .. :;!- ll.: ; I~ (1-j c"., ,.s; "In 1 , ;"J '):"(- 1._" ',J,;. ltJrti -, :s.. Ii ~, L~lU" -- I' , I ~.i , I,;) (J . - 5, The parties shall meet again for another custody conciliation conference with the conciliator on June 13, 2002 at 9:30 a.m. J. cc: Dnvld A, Dnrlc, Esquire > CltfW .'1l'~.uJ. 5.1'1.o.u <+ Georgina Howells Dickinson Family Lnw Clinic ";.1'; '. ,. IN TIlE COUl{T OF COMMON I'LEAS OF CUMUERLANI> COUNTY,I'ENNSYLV ANIA CIVIL ACTION - LAW .JERRY LYNN MILLER, 1'llIlntlff LORETTA LYNN METZGER formerly LOlmTrA LYNN MlLLEJ{, J)efendllnt NO. 95 - 537 CIVIL IInd STANLEY, I{EUA & MIRIAM SHENK, Addltlonllll)efendllnts IN CUSTOI>Y Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915,3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent Infonllatlon pertaining to the child who Is the subject of this Illlgatlon Is as follows: Amber N. Miller, born October 27, 1988, 2. A Conciliation Conference was held on May 9, 2002, with the following Individuals In aUendance: The Mother, LoreUa L. Miller, with her counsel student nttomey Georgina Howells from the DickInson School of Law Family Law Clinic; and the Father, Jerry L, Miller, along with Addltlonall>efendants Stanley, Reba and Miriam Shenk who were all represented by AUorney David Baric, Esqnlre, 3. Based upon the conciliator consulting with Judge Bayley and the discussion at the custody conciliation conference, the conciliator recommends the entry of an order In the fomlas aUnched. J/rfJ! (J~ J)ATE Hubert X, Gilroy squire Custod~' Conel tor LORETTA LYNN METZGER, (formerly MILLER), Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JERRY LYNN MILLER, Respondent/Plaintiff NO. 95-0537 CIVIL TERM ORDER OF COURT AND NOW. this 26th day of April, 2002, a hearing having been called on a Rule entered against Stanley and Esther Reinford and Reba and Miriam Shenk as to why they should not be joined as parties in the within case, IT IS ORDERED: 1. The Rule is made absolute. 2. Stanley and Esther Reinford and Reba and Miriam Shenk are joined as parties in the within case. By c t, Edgar B. Bayley, J. A6bert E, Rains, Esquire ~.bn.J..W Marisa McClellan, Certified Legal Intern - ,- For Petitioner/Defendant } OL/-3~.O~ Sheriff prs :\. ..,.\'"1,\ .......1 . ~"'-,;\.. ,'" , ";_1 '''. \~, .,\', \" I \" . \ ""\' I. LORETTA LYNN METZGER, (formally MILLER), PctioncrlDctcndant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 95-537 CIVIL JERRY LYNN MILLER, Rcspondcnt/PlaintilT CONSENT AND API'ROV AI. FOR API'EARANCE llNDElt p,n.A,R. 322 I hereby consent to the appearance of Mmisu McClellan, a Certificd Legallntcl11undcl' the supervision of anuttorney, in thc nbovc-entitled Custody proceeding before thc Honorable Edgar B, Bayley at 10:00 a.m. on Fliday, April 26, 2002, Date j .- c2?- .. c':} . ~ ,,/ .,~ frt-u ~..... ./lu~u Lorctta Metzgcr As thc supcrvising attomey for Mmisa McClellan, cel1ificd uuder P.B.A.R. 322, I approve ofhcr uppearance on behalf of the abovc-namcd client in the above-named procceding. Date l.{ - L0~ VL 1C/~ ~ .- 'O-t!v{ 2.. , '1-/.<.,.- 1 HOMAS M. PLACE ROBERT E. RAINS Supervising Attomcy LUCY JOHNSTON-WALSH Staff Attomey FAMlL Y LA W CLINIC 4S NOl1h Pitt Street Curlislc, PA 17013 717/243-2968 JlPR 0 9 2002 ~ LORETTA LYNN METZGER (fol111erly MILLER), Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW IN CUSTODY JERRY LYNN MILLER, RespondentlPlnintiff : NO. 95 - 537 CIVIL ORDER AND NOTICE A Petition to Modify Custody Order has been filed in the Court of Common Please of Cumberland County conceming custody, partial custody and visitation of Amber N. Miller. The Court has learned you, Stanley and Esther Reinford, may have a legal interest in custody, partial custody, or visitation of the child named. A Pre-Hearing Custody Conference will be held before the conciliator, at , _.m., on the _ day of ,2002, at . If you wish to have custody, partial custody, or visitation of the child or wish to present evidence to the Conciliator on those matters, you should appear at the place and time and on the date above. I f you have the child in you possession or control, you must appear and bring them to the Conrthouse with you. If you wish to claim the right of custody, partial custody or visitation, you may file a counterclaim. If you fail to appear as provided by this order or the bling the child, an order for custody, partial custody or visitation may be entered against you or the COUl1 may issue a warrant for your arrest. BY THE COURT: Date 1. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER 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 2 Liberty A venue 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 infomlation 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. . { LORETTA LYNN METZGER (fomlerly MILLER), Petitioner/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JERRY LYNN MILLER, Respondent/Plaintiff : NO. 95 - 537 CIVIL ORDER AND NOW, this.-tL:. day of~, 2002, upon consideration of the foregoing petition, it is hereby ordered that I. A rule is issued upon Stanley and Esther Reinford to show cause why Petitioner is not entitled to the relief requestedi .; ~ej"ftftd-&tll\;;' Reinford-shall file all iIl1swel'to the petit;,," \'Vhl.i.J'o-- ~ this 4\tt~ v.i ~~ 1ft.. -P-e ~ 1'\vALf./}.Q ~~ ~ ~ J..c:'fh.. t'~nll Be 4eeidedunderPaA:&lI~lI. 296.7; /1. _ , oI~ -0- 0..,4- l 000 0.""" ,~,,~ V1V'" D 2...b, 2-GlJL- 5 Notice of the entry of this order shall be provided to all parties by the petitioner. BYTHECOURT: ~/ (C / / ....... J. J R'XS w: ,~):OJJlec q Es+\,eR. ReiJ F;;rd /~-t:o.~\~ I 'Keto, 't Ii\\ r 10. 01 Sherjk /~ l3O:~i c. /~e~ruiR:~ }1eV~R)r ~. 7u.D 04 -Jj ~o:<' '- .....,.,J._......,.....,. _.....~ . , ~ .-..0,..,,.,..., .. 1.- ::..::...-:::-.- .., if ~ ; ,0" I' "1.1r~ 1'-.,:'11\ 'I"" ~ 1\ Ii'" \ ',I . # ,,(I . ..e....llr\" 'r'~" (~'.' j ".. ":..1 ,\ \..,.1 1\"." \ ,. . r-..j"l\'.'.- ' ')'~ :'/.. \',<.\ S \ ':l~~ 7,(J I~'J~("":,,;, ." . ,;...i'.C 1\ '","" \.'Q.lJ~ \\~\ j"l"" ~o LORETTA LYNN METZGER (formerly MILLER), Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JERRY LYNN MILLER, Respondent/Plaintiff : NO, 95 - 537 CIVIL PETITION TO ,JOIN PARTY Now comes the Petitioner, Loretta Lynn Metzger ("Mother"), by her attorneys, the Family Law Clinic, pursuant to 23 Pa.C.S,A. *5351 and Pa.R,C.P. 1915.6, and petitions the Court to join Stanley and Esther Reinford as parties to this action. Petitioner avers that: 1. On April 21, 1997, an Order of Court was entered for custody of Amber N. Miller ("Child"), born October 27, 1988, a true and correct copy of which is attached hereto as Petitioner's "Exhibit A". 2. Mother is this date filing a Petition to Modify Custody Order seeking primary physical custody of the Child in the Court of Common Pleas of Cumberland County. Mother will serve the Order scheduling a Pre-Hearing Custody Conference and said Petition upon Stanley and Esther Reinford of 328 Pine Road, Mount Holly Springs, Pennsylvania 17065, when such Order is entered, 3. Stanley and Esther Reinford, until recently, had physical custody of the Child and should be joined as parties to this action pursuant to 23 Pa.C.S.A. *535 I and Pa.R.C,P. 1915.6. Petition to Modify Custody Ordcr, signcd 4/1/02 Order Granting Continuance, cntercd 8/27/97 Motion for Continuance, filed 8/25/97 Conciliator's Rcport and Ordcr for Hcaring, entcred 7/7/97 Order of Court rcgarding Custody, cntcred 4/21/97 Order of Court Granting Continuancc, cntered 2/25/97 Motion for Continuancc, filed 2/25/97 Order of Court scheduling hearing on Petition for SPCCilll Relicf, entered 2/19/97 Petition for Spccial Relief, filed 2/18/97 Ordcr of Court incorporating Custody Agrccment, entcred 7/11/95 Custody Agrecment, filed 7/10/95 I I I I' I' I:' , , 4. Pctitioner is appending a copy of all prior pleadings relatcd to custody in this case, docketed No, 95 - 537, pursuant to Pa.R.C,P, 1915,6, which include: 5. TIle concurrencc of David Baric, Esquire, attorney for Respondent/Plaintiff Jerry L. Miller was sought and no response was rcccived. WHEREFORE, Pctitioncr asks that the Court cntcr an Order instructing Stanley and Esthcr Reinford to appear at the Pre-Hearing Custody Confcrcnce or, in the alternative, issue a Rule to Show Cause instructing Stanlcy and Esther Reinford to give reason why they should not be joined as partics to this Custody action. Date: y ~ 0 l.- ~~cl\y~ Jennifi' I cverly Ccrtified LcgallntcllI / - . ) (J / ;:;--i'- C.fl tJ.ef~i ~U'X ~ Thomas . Phicc Robcrt E. Rains Lucy Johnston-Walsh, Supcrvising Attomeys FAMIL V LA W CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 .__........1..".;. . ," f EXHIBIT 1\ . ., 'JERRY LYNN MILLER, plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . :CIVIL ACTION - LAW V . . :NO: 95-537 CIVIL TERM :IN CUSTODY LORETTA LYNN MILLER, Defendant COURT ORDER AND NOW, this ..21 day of April, 1997, upon consideration of the attached Custody conciliation Report, it is ordered and directed as follows: 1. The prior custody Orders in this case are vacated. 2. The Father, Jerry Lynn Miller, and the Mother, Loretta Lynn Miller, shall enjoy shared legal custody of Amber N. Miller, born October 27,. 1988. 3. The Father shall enjoy primary physical custody of the minor child. 4. The Mother shall enjoy periods of temporary physical custody of the minor child as follows: A. On every Sunday from 9:00 A.M. until 5:00 P.M. B. At such other times as agreed by the parties. (I.~ i:3Ca..\"<\.- 5. The parties shall convene again for (another Custody Conciliation Conference on June 19, 1997,~t this Conference, the parties can address the entry of a more permanent Custody Order. This Custody Order is a temporary custody'Order and shall not prejudice the parties in any way with respect to litigating all issues at a hearing if a hearing is required in this case. 6. When the Mother is exercising custody with the minor child, the following conditions shall apply: A. The minor child shall be in the Mother's custody at all times and shall not be left alone in the presence of Mr. Kirby Wagner. . B. The minor child shall not at all be in the presence of Mr. Jesse Shoemaker. C. The child shall always have access to a telephone in the event she would like to call her Father for any reason. ~. , ~. . -j ." 7. The Mother shall also have reasonable telephone access to the minor child so that she may speak with the minor child while the child is in the custody of the Father. BY THE COURT, 1St ~ 13'~1} Edgar . Bayley J. cc: David A. Baric, Esquire Family Law Clinic TRUE COpy FROM RECORD III Ti.::rrn~"y whm'of, I hor~ unto sel my hand ollulh~ ~,JI of ~Jid Courl al Carlisle, Pa. lhls"OlJ~+'. day of.".~~:! 19..~l:.l ",..~~pJ',:;r:y' , . ,'I ,I JERRY LYNN MILLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V LORETTA LYNN MILLER, Defendant :CIVIL ACTION - LAW . . :NO: 95-537 CIVIL TERM :IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subjeot of this litigation is as follows: Amber N. Miller, born October 27, 1988. 2. A Conciliation Conference was held on April 10, 1997, with the following individuals in attendance: The Father, Jerry Lynn Miller, with his counsel, David A. Baric, Esquire, and the Mother Loretta Lynn Miller, with her counsel, Shannon Piergallini, of the Dickinson School of Law Family Law Clinic. 3. The parties agreed to the entry of an Order in the form as attached. D 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. * 4904 relating to unsworn falsification to authorities. Date: '-I - I - 6 :J ~,..~ //J;J~,~ .!?orella Lynn Metzger CERTIFICATE OF SERVICE I, Jennifer (-Ievcrly, Cel1ificd Legallntcnl at the Family Law Clinic, hereby certify that I um scrving a true and cOITccl copy of the attached Petition to Join Party this date upon the following persons: \. David Buric, Esquirc, allol11ey for Respondent/Plaintiff, of O'Brien, Boric, and Scherer at 17 West South St., Curlisle, PA 17013, by depositing a copy of the same in the United States mail; 2. Stanley, Rebu, and Milium Shenk of 19 Lesher Road, Newburg, Pennsylvania, 17240, by certified mail, return receipt requested, restricted delivery. 3. Stanley and Esther Reinford of328 Pine Road, Mount Holly Springs, Pennsylvania, 17065, by certified muil, relul11 receipt requested, restricted delivery; ~ Date JS~ver;QJ~ Certified Legal Intern FAMIL Y LAW CLINIC 4S N. Pitt St. Carlisle, PA 17013 717-243-2968 , " ..... ",., '. . " I' '.f" LORETTA LYNN METZGER (formerly MILLER), Petitioncr/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JERRY LYNN MILLER, Respondent/Plaintiff : NO. 95 - 537 CIVIL PETITION TO MODIFY CUSTODY ORDER NolV comcs Lorella Lynn Metzger ("Mother"), through her attorneys, the Family Law Clinic, pursuant to 23 Pa.C.SA ~ 5310 and Pa.R.C.P. 1915.15, and petitions the Court to ModifY the Order of Court entered April 21, 1997. Petitioner avers that: J. On April 21, 1997, an Order of Court was entered for custody of ArnberN. Miller ("Child"), born October 27, 1988, a true and correct copy of which is allached hereto as Petitioner's "Exhibit A". Under the existing Order, Jerry Lynn Miller ("Father") has primary physical custody of the child. Mother is to have temporary physical custody of the child every Sunday from 9:00 A.M. until 5:00 P.M. and at such other times as agreed by the parties. 2. This Order should be modified because: a. For several years the parties have agreed to a custody arrangement significantly different than the Order of April 21, 1997. b. Thc Child resided with a Mennonite family, Stanley and Esther Reinford, for some period of time in 1998, and again from approximately Junc of 1999 until November 200 I, at thc rcquest of the Father. c, In 01' nround September of200l, Stanlcy and Esther Rcinford asked Mother and Father to ccnsc all contact with the Child, other than by telephone, for a threc month I II .' I period. In December of 200 I, the Child was moved to thc homc of another Mcnnonite family in Cumberland County, Stanley, Rcba, and Miriam Shcnk, without thc consent of Mother, which is contrary to the Court Order providing for sharcd Icgal custody. d. Sincc March 3, 2002, Mother has been denicd tcmporalY physical custody rights as provided in the Order. c. The conditions which prompted Mother to voluntarily relinquish primary custody of the Child to thc Father in 1997 have changed significantly, and Mother now desires to regain primary physical custody of the Child. f. Mother is able to provide for the physical, emotional, educational and social needs of thc child. g. Mother desires to have primary physical custody and belicves that it would be in thc best intercst of the Child to reside with her because she is the biological parent of the Child. 3. The concurrence of David Baric, Esquire, attorney for Respondent/Plaintiff Jerry L. Miller was sought. Mr. Baric responded by Ictter dated March 5, 2002 that Father is not agreeable to modification of the existing custody order. 4. By scparate petition, Mother is requcsting that Stanlcy, Reba, and Miriam Shenk and Stanley and Esther Reinford be joined as parties to this action pursuant to 23 Pa.C.S,A. 9 5351 and Pa.R.C.P, 1915.6. l I II 1'1 WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Mother primary physical custody because it will be in the best interest of the child, Date: 4(,10'2- qJ...; Jennit"e Heverly Certified Legal Intern Thorn M. ace Robert . Rains Lucy Johnston-Walsh Supervising Attorneys ." FAMILY LAW CLINIC 4S North Pitt Street Carlisle, PA 17013 (717) 243- 3639 I" I" ,5. 6. EXHIBIT ^ 'JERRY LYNN MILLER, Plaintiff : IN THE COURT OF COffMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . , V :CIVIL ACTION - LAW LORETTA LYNN MILLER, Defendant . . :NO: 95-537 CIVIL TERM : IN CUSTODY COURT ORDER AND NOW, this ..21 day of April, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Custody Orders in this case are vacated. 2. The Father, Jerry Lynn Miller, and the Mother, Loretta Lynn Miller, shall enjoy shared legal custody of Amber N. Miller, born October 27, 1988. 3. The Father shall enjoy primary physical custody of the minor child. 4. The Mother shall enjoy periods of temporary physical custody of the minor child as follows: . A. On every Sunday from 9:00 A.M. until 5:00 P.M. B. At such other times as agreed by the parties. o.t 'i':~C\-m,. The parties shall convene again for (another Custody Conciliation Conference on June 19, 1997 ;~t this Conference, the parties can address the entry of a more permanent Custody Order. This custody Order is a temporary Custody Order and shall not prejudice the parties in any way with respect to litigating all issues at a hearing if a hearing is required in this case. When the Mother is exercising custody with the minor child, the following conditions shall'apply: ' A. The minor child shall be in the Mother's custody at all times and shall not be left alone in the presence of Mr. Kirby r~agner. B. The minor child shall not at all be in the presence of Mr. Jesse Shoemaker. C. The child shall all~ays have access to a telephone in the event she would like to call her Father for any reason, I...' f" 7. The Mother shall also have reasonable telephone access to the minor child so that she may speak with the minor child while the child is in the custody of the Father. Isl ~~4A. 13. ~'*V Edgar . Bayley J. BY THE COURT, co: David A. Baric, Esquire Family Law Clinic TRUE COpy FROM RECORD III TI-fl'me.n'! '.vhm';jf, I hor,' unto 5llt my hand DilU'lh~ ~"JI of ~(lid Court at Carlisle, Pa. lhls ....;l.t ~~,_ day Of.....a,J~~., '19..~l:.r ......."..J~~~~;;.c.~'p~!-.:i:t'. . .t:..Jrf 1'1 I" JERRY LYNN MILLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUNBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . LORETTA LYNN MILLER, Defendant :NO: 95-537 CIVIL TERM : IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19l5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent. information pertaining to the child who is the subject of this litigation is as follows: Amber N. Miller, born October 27, 1988. 2. A Conciliation Conference was held on April 10, 1997, with the following individuals in attendance: The Father, Jerry Lynn Miller, with his counsel, David A. Baric, Esquire, and the Mother Loretta Lynn Miller, with her counsel, Shannon Pierga1lini, of the Dickinson school of Law Family Law Clinic. 3. The parties agreed to'the entry of an Order in the form as attached. N q7 D TE .. . .'. I" VERIFICATION I verify that the stntclllcnts made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa, C.S. ~ 4904 relating to unswolll falsification to authorities. Date:~ .1(.'-..1 #:~ ofJ. l~ Loretta Lynn Metzger . . CERTIFICATE OF SERVICE I, Jennifer Heverly, Certified Legal Intern at the Family Law Clinic, hereby certify that I am serving a true and correct copy of the attached Petition to Modify Custody Order this date upon the following pcrsons: 1. David Baric, Esquire, attorney for Respondent/Plaintiff, of O'Brien, Bnric, and Scherer at 17 West South St., Carlisle, PA 17013, by depositing a copy of the same in the United States mail; 2. Stanley, Reba, and Miriam Shenk of 19 Lesher Road, Newburg, Pennsylvania, 17240, by certified mail, return receipt rcquested, restricted delivery. 3. Stanley and Esther Reinford of 328 Pine Road, Mount Holly Springs, Pennsylvania, 17065, by certified mail, return receipt requested, restricted delivery; (C(Q)[Pl Date Jennifer Heverly Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 ." ". AU6 2 6 1997 JERRY LYNN MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY . . v. . . LORETTA LYNN MILLER, Defendant . . NO. 95-537 CIVIL ORDER OP COURT . AND NOW, this.;)7 day of August, 1997 upon consideration of Defendant's Motion for Continuance it is ORDERED AND DIRECTED that the. Custody hearing s~heduled for September 4, 1997 at 1:30 p.m. is continued generally. Further, it is ORDERED that the current custody Order of April 21, 1997 remain in full effect pending further order of this Court. l.j} C6'l%AJ (13. 1:i...t Edgar B. Bayley 0 ~ J. TWE C0?Y FROM RECORD In Tt \f'lil~l1i' \' Ii- ;"'r:~. I "rr 'Jr.I') sot my hallll endlho 1001 of SII:C: c..,..'tI 01 (nrll~lc, Pa. This .....il..~.~. day or..4~":'i'" 19..7..7.. """"""~'7J;t:"'p'~~~~"'-"' ;.' ... ,. I JERRY LYNN MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY v. LORETTA LYNN MILLER, Defendant NO. 95-537 CIVIL ~ ~ !7. -o~j ~ ::;~ HOTION FOR CONTINUANCE ~.~l.I: ~~ :g~ U) .~. U1 ;-, r=b :1'.:1 ~:: :;~ 6 ~~8 afrl NOW COMES Defendant, Loretta Miller, by and th"liougn- h~ ='-1 "'" :g -< (]) -<; attorneys, the Family Law clinic, and respectfully requests that the Court continue the custody hearing scheduled for September 4, 1997 at 1:30 p.m. and states the following in support: 1. The parties to this action, Loretta Miller (mother) and Jerry Miller (father), are the natural parents of Amber N. Miller (D.O.B. 10/26/88). 2. A custody hearing is scheduled for september 4, 1997 before The Honorable Edgar B. Bayley, Jr. on mother's Petition for Modification requesting that the Court expand her temporary physical custody of the parties' minor daughter, Amber, to include ,) overnight visitation. Mother cur7ently has temporary physical custody on every Sunday from 9:00 a.m. until 5:00 p.m. 3. Mother does not desire or intend to proceed at this time on her Petition for Modification. 4. Defendant requests that the current Custody Order of April 21, 1997 remain in effect until further order of this Court. S. Plaintiff's attorney has been informed of Defendant's intent to request this relief. ..' -" WHEREFORE, Mother requests that the court grant this motion and continue this custody hearing generallY. Date ~ I '),41 .'( 1. ) '1l.1!' OCEL~N L. WILLIAMS ertified Legal Intern OM~I[l ~tf: 'rHOMAS'M. PLACE ROBER'r E. RAINS KA'rHERINE C. pEARSON supervising Attorney DONALD MARRITZ staff Attorney FAMILY LAW CLINIC 45 North pitt street carlisle, PA 17013 717-243-2968 ..." ....._.__ . .9_.' I .,.' I" JERRY LYNN MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY v. LORETTA LYNN MILLER, Defendant NO. 95-537 CIVIL CERTIPICATE OP SERVICB I, Jocelyn L. Williams, certified Legal Intern, do hereby certify that I am serving a copy of the Motion for Continuance upon David A. Baric, Esq., counsel for plaintiff, by depositing a copy ?;;-lh in the U.S. mail, first-class, postage prepaid on the aLL day of August, 1997 addressed as follows: David A. Baric, Esq. 17 West South st. Carlisle, PA 17013. and by this date faxing him a copy at ~ o'clock ~.m. at 1249-5755. Date: n!;J:S/c{7 . , '" t I" JUN 2 7 199~ JERRY LYNN MILLER, Plaintlff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . LORETTA LYNN MILLER, Defendant :NO: 95-537 CIVIL TERM : IN CUSTODY COURT ORDER -/:I... ~ AND NOW, this 7 - day of , 1997, consideration of the attached Custo y onci1iation Report, ordered and directed as follows: upon it is 1. A hearing is scheduled in Court Room NOI 2 of the Cumberland County Courthouse on the 'I e- day of ..J,,/Jr,-~ , 1997, at m. at which time testimony l>'ill be taken in the above case. At this hearing, the Mother, Loretta Lynn Miller, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel memorandums setting forth the history of the custody in this case, the issues currently before the Court, witnesses that will be called for each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the hearing date. Pending further Order of this Court, this Court's prior Order of April 21, 1997 shall remain in effecL. 2. BY THE COURT, ~iar ~'Lr;;yl1y l3~r7 J. cc: Tina Moukou1is, Family Law clinic David A. Baric, Esquire TRUE COpy FRO,.,' RECORD In TestImony whottlOl, I ht1ru unlo sol my hilod and IhQ seal of seld C9u~ ill Carlisle, Pa, ThILf.g~ day oI~~ 19177 t'.).. (,I'n (), ,~J'H(('{t/" A..C"/~ ii, I'rolflonolAly t.,' I" JERRY LYNN MILLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :CIVIL ACTION - LAW . . LORETTA LYNN MILLER, Defendant :NO: 95-537 CIVIL TERM :IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Amber N. Miller, born October 27, 1988. 2. A Conciliation Conference was held on June 19, 1997, with the following individuals in attendance: The Father, Jerry Lynn Miller, with his counsel, David A. Baric, Esquire, and the Mother, Loretta Lynn Miller, with her counsel, Tina Moukoulis of the Dickinson School of Law Family Law Clinic. 3. The parties were previously before the Conciliator in April of 1997. At that time, the Mother had surrendered custody of the minor child to the Father. The Mother had had custody for a number of years but an incident took place with the Mother's live-in fiancee that caused concern for the child's welfare. The Mother had delivered the chid to the Father. At that time, the Mother agreed that the Father could keep custody and Mother would start seeing the child on every Sunday from 9:00 a.m. until 5:00 p.m- and thp. parties would come back and meet with the Conciliator in two months. 4. Mother's position is that custody has gone well over the past few months and that she is now requesting an expansion to overnight. Father is resistant to any overnight expansion suggesting that there are still criminal charges against the fiancee which are pending and he also lacks any trust in the Mother to properly supervise the child. 1,,4 I" 5. The parties are unable to reach an agreement and a hearing is required. A hearing should take no more than one day. ~, ~r~-; DATE..' . ". I I" ; Ii i ! (11 : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA 'JERRY LYNN MILLER, Plaintiff . . V :CIVIL ACTION - LAW . . LORETTA I,YNN MILLER, Defendant :NO: 95-537 CIVIL TERM :IN CUSTODY COURT ORDER AND NOW, this .,2/ day of April, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Custody Orders in this case are vacated. 2. The Father, Jerry Lynn Miller, and the Mother, Loretta Lynn Miller, shall enjoy shared legal custody of Amber N. Miller, born October 27,. 1988. 3. The Father shall enjoy primary physical custody of the minor child. 4. The Mother shall enjoy periods of temporary physical custody of the minor child as follows: 5. A. On every Sunday from 9:00 A.M. until 5:00 P.M. B. At such other times as agreed by the parties. o.t i:ilOC\.I'<\,' ' The parties shall convene again for r another Custody conciliation Conference on June 19, 1997,~t this Conference, the parties can address the entry of a more permanent Custody Order. This Custody Order is a temporary Custody Order and shall not prejudice the parties in any way with respect to litigating all issues at a hearing if a hearing is required in this case. 6. When the Mother is exercising custody with the minor child, the following conditions shall apply: A. The minor child shall be in the Mother's custody at all times and shall not be left alone in the presence of Mr.. Kirby Wagner, B. The minor child shall not at all be in the presence of Mr. Jesse Shoemaker. C. The child shall always have access to a telephone in the event she would like to call her Father for any reason. ... I '" I 7. The Mother shall also have reasonable telephone access to the minor child so that she may speak with the minor child while the child is in the custody of the Father. BY THE COURT, Isl ~~ 13.M Edgar . Bayley J. cc: David A. Baric, Esquire Family Law Clinic TRUE COpy FROM RECORD III TI.::trn'Jny whm'of. I hr.n' unto !let my hand ol1(t'lh~ ~,,~I of ~"iu Court ~t Carll~le, Pa. 4t n,_ o~ ' cZn 1hl$..;2.I...... day of....j.,~~:! 19... .,:1 """'~"p!~J' .1. I t" \1 t JERRY LYNN MILLER, Plaintiff V :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . I , I. i , :CIVIL ACTION - LAW LORETTA LYNN MILLER, Defendant . . :NO: 95-537 CIVIL TERM :IN CUSTODY prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Amber N. Miller, born October 27, 1988. 2. A Conciliation Conference was held on April 10, 1997, with the following individuals in attendance: The Father, Jerry Lynn Miller, with his counsel, David A. Baric, Esquire, and the Mother Loretta Lynn Miller, with her counsel, Shannon Piergallini, of the Dickinson School of Law Family Law Clinic. 3. The parties agreed to the entry of an Order in the form as attached. 1"1 q 7 D TE v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY ,.. I ',. JERRY LYNN MILLER, Plaintiff LORETTA LYNN MILLER, Defendant NO. 95-537 CIVIL ORDER OF COURT ~ ,QQ1 AND NOW, this ~5 day of February, upon consideration of Defendant's Motion for continuance it is ORDERED AND DIRECTED that the Custody hearing scheduled for February 25, 1997 at 2:45 p.m, is continued. Tl.i~ ",,,,Ll:.cr is rOBGA9dulea fot Lh", _ day of 1-931 c;J.~ o;\.Oloclt, _m. -{.., ~Qurt.:t'olo.JlU vi: Ll... C:uUlberlana- E:OURty Court: "<'lnse. ('",.1 i-e-l-ejk'tmIlsy 1 vania-. Further, it is ORDERED that primary custody of the parties' minor daughter, Amber Miller (o.O.B. 10/26/BB) shall be with the father and Mother shall have partial custody at times mutually agreed upon by the p~rties pending further order of this court. E~~~/t.~(~,;:y~y ~p.d- J. TRUE COpy FROM RECORD In Tc~t:mollY I'Ih:rcof, I hore unto set my hand and the see I of said Court tI Carlislo, Pa. This ..,~.~.~.. day oL..31.J'.<r...,... 19....1..7 ...~~....(l,...:.::ff..~j.,I.l..............- ~ . PralhonotDry It t! 'II' JERRY LYNN MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY v. LORETTA LYNN MILLER, Defendant (") U) 0 C o..J ." tfjf'5 ~ ~ ~~H o:J .I;~.'J! ;,::r-. N '1"1 UJ". UI 'Tl "':':1"'-' ;;J ~r.' _~ :;:! ~.. - -. ~.:<:: ::r.: (.:?(") :r; l"t~ lO om ~r; .. _I L _ .... thro.lIgl-l'n h~ NO. 95-537 CIVIL MOTION FOR CONTINUANCE NOW COMES Defendant, Loretta Miller, by and attorneys, the Family Law Clinic, and respectfully requests that the Court continue the Custody hearing scheduled for February 25, 1997 at 2:45 p.m. and states as follows: 1. The parties to this action, Loretta Miller (mother) and Jerry Miller (father), are the natural parents of Amber N. Miller (D.O.B. 10/26/88). ., 2. A custody hearing is scheduled for February 25, 1997 before The Honorable Edgar B. Bayley, Jr. on father's petition for Special Relief. 3. On Friday, February 21, 1997, Mother was served with the Petition and Notice of this hearing. 4. On Monday, February 24, 1997, Mother obtained the services of the Family Law Clinic to represent her in this matter. 5. Father's Petition requests that the Court transfer primary custody of the parties' minor daughter, Amber, from Mother to Father. Although Mother does not admit the allegations of the Petition, she is agreeable to father having primary custody at this time. Further, daughter is already in father's care at this time. ".", ',0 , 6. A custody hearing will require a determination of when mother shall have partial custody of Amber. 7. In order to adequately represent the interests of mother regarding her entitlement to partial custody of Amber, the Family Law Clinic is in need of a continuance for the purpose of preparing for the hearing. 8. Pending further order of this court Mother agrees that father will have primary custody and he may transfer Amber from the Carlisle Area School District to the Big Spring School District. 9. Father, through his attorney, has consented to this continuance. 10. The parties would ask that the court reschedule this maCter within the next two weeks. WHEREFORE, Mother requests that the Court grant this motion and continue this custody hearing for a period of two weeks. Date .=-7(~<..llq"'j <'\ ,,'" "j . S~::;~~;-';'. -~~~~~~~l,..: Certified legal intern '~~I ;,J ..~-:J/,-L.'-"''-<.. \.. '!IHOMAS M. lLACE ROBERT E. RAINS KATHERINE C. PEARSON Supervising Attorney GAIL R. SHEARER Staff Attorney FAMILY LAW CLINIC 4S North Pitt Street Carlisle, PA 17013 717-243-2968 ".' '., , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY JERRY LYNN MILLER, Plaintiff LORETTA LYNN MILLER, Defendant NO. 95-537 CIVIL CERTIFICATE OF SERVICE I, Shannon S. Piergallini, Certified Legal intern, do hereby certify that I am serving a copy of the Motion for continuance upon David A. Baric, Esq., counsel for plaintiff, by depositing a copy in the U.S. mail, first-class, postage prepaid addressed as follows: David A. Baric, Esq. 17 West South St. Carlisle, PA 17013, A copy is also being faxed to him. Date: d ,h ,./ / q '{ - r u..'l- ~C:L .} IJ j I q () - rncu t,cL ih().,'\J\~-0.s. \ C~ Shannon S. Piergall'ni , ,. I U' '. ' _.ff' JERRY LYNN MILLER, Petitioner, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 95-537 CIVll.. TERM LORETIA LYNN MILLER, : Respondent. : CIVll.. ACTION.LAW IN DIVORCE AND NOW, this ORDER OF COURT ;tI... /9 day of '!ii.....b1<<-4"1 , 1997, upon consideration of the attached Petition for Special Relief, a hearing on this matter is hereby scheduled for .1....1.1....4,. E~ua...'.:JS , 1997, at ,,:}:/JS" e,.m.o'clock (7,' ~ in Courtroom No. ,;J. , Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, By', ISI f].;. ....-::> -.f.?A_1. - - -~'-r"IJ.J;. .-rr-:J " .11' 'to ' JERRY LYNN MILLER, Plaintiff, : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-537 CIVIL TERM V. LORETTA LYNN MILLER, Defendant. : CIVIL ACTION-LAW : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes petitioner, Jerry Lynn Miller, by and through his attorneys, O'Brien, Baric and Scherer, and files this Petition for Custody and in support thereof sets forth the following: J. Petitioner is Jerry Lynn Miller (father), an adult individual residing at 105 Fairfield Street, Apt. #3, Newville, Cumberland County, Pennsylvania. 2. Respondent is Loretta Lynn Miller (mother), an adult individual residing at 168 East South Street, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner and Respondent are the natural parents of Amber N. Miller, born October 26, 1988. 4. On or about June 20, 1995, petitioner and respondent entered into a custody agreement regarding Amber Miller which agreement was made on order of court. 5. The custody agreement gave primary legal and physical custody to mother. 6. Father has filed a Petition to ModifY the custody order. Said petition was filed on or about February 14, 1997. 7. The child, until recently, was residing with mother and several step-brothers including the following: Keith Hurrell, Justin Hurrell and Kody Wagner. I. ..1' 'I I " _1 .t.. ,o" \'. . WHEREFORE, petitioner, Jeny L. Miller, requests this Court grant special relief and grant custody of the minor child, Amber N. Miller, to petitioner pending an agreement or further Order of Court and that this Court permit petitioner to change the school district for Amber N. Miller pending agreement or further Order of Court, or, in the alternative, schedule a hearing in this matter to determine an interim Order of Court until a full hearing of the merits is completed. Respectfully submitted, O'BRIEN, BARIC AND SCHERER ~~/.~. David A Baric, Esquire 17 West South Street Carlisle, PA 17013 (717) 249-6873 olllb.dlr/domesllcJmlller.rl! ,. . "1 "" . VERIFICATION. The foregoing Petition is based upon information which has been gathered by our counsel and us in the preparation ofthis action. The language ofthe Petition may in part be the language of our counsel and not our own. We have read the statements made in this Petition and to the extent that it Is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge,lnformation and belief. To the extent that the contents of the statements are that ofc:ounsel, we have relied upon counsel in making this verification. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. a_t?~, m~ t:/ Jerry L. Miller .' Date: ,,:}-/')- ,1997 ,:.1' v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-537 CIVIL TERM JERRY LYNN MJT T P.R, Plaintiff LORETIA LYNN MILLER, Defendant IN DIVORCE 9RDER OF COURT AND NOW, this I ( /-{..day of ~ 1995, upon review of the attached i Custody Agreement and It being the understanding of the Court that the parties hereto desire for same to be entered as an Order of Court, the Court hereby orders and directs that the attached Custody Agreement is hereby entered as an Order of Court, BY THE COURT, 1St Q t (/L- j 8 1?J.~j.jf-L1 . J,.~. . (j . '.0,0' ,," :-- II .u' .... --- II\...o.L\,~._ Il: , ~ . .J _, '/ \.:;lllo&.J J""'''- " '- C"; ~ "/' '7 ...../"...- .t~ L u.Cu.- lit-.", 71w:L!.... = r. . .. CUSTODY AGREEMENT r- c =.J AND NOW, this ~ day of ~ . LORETTA L MTT T PR who agree as follows: - t.-:' ~.~. . 1995, comes JERRY 1.. MILLER and WITNESSE11I: ~(Q)~YJ WHEREAS, LOREITA 1.. MILLER is the mother of AMBER MILLER, born October 26, 1988; WHEREAS, JERR Y 1.. MILLER of Newville, Pennsvlvania is the father of AMBER MILLER; WHEREAS, the panies have determined that it is in their best interest to place in wri1ing their agreement in reference 10 custody of AMBER MILLER; NOW THEREFORE, the undersigned panies, the parents of A.'vIBER MILLER, agree as follows: 1) that LOREITA 1.. MILLER shall have pl}mary legal and physic:ll custody of AMBER MILLER; 2) . that LOREIT A 1.. MILLER shall exercise this custody at her place of residence; 3) that JERRY 1.. MILLER shall have times of visitation or temporary ph)'sical custody of AIvfBER MILLER as 1he panies may mutually agree upon; 4) that LOREIT A L. MILLER will cooperate \\;th all reasonable reques15 for visitation or temporary ph)'sical custody of A.\IDER MILLER as follows: '.,. .. '. .. :;: ....:..... I , I I I I I I I a. one day per calendar week from 8:00 a.m, to 9:00 p,m., the day to be agreed upon by the panies on a week 10 week basis, b. Fathers' Day, Christmas Eve or Christmas Day, moming or evening, c. alternating holidays, and d. such other times as the parties may mutually agree upon. 5) that LORETIA 1.. MILLER not do anything that would interfere with Al'v1BER MILLER having a relationship with her father, JERRY 1.. MILLER; and, 6) that LORETIA 1.. MILLER shall permit JERRY 1.. MILLER to exercise periods of temporary CUStody over.JUSTIN HURRELl., born December 22, 1983 and KEITH Ht.:RRELL, born February 2, 1987, as the panies may mutually agree upon. The parties recognize that JUSTIN and KEITIi are not the natural children of JERRY 1.. MILLER, however, JERRY 1.. MILLER, has formed a relationship with JUSTIN and KEITIi which he desires to maintain. '.. . 7) that this Agreement be entered as an Order of Court at the request of either I. party; I I IN WITNESS \VHEREOF, the panies hereto, intending to be legally bound, hereby affLX their hands and seals to this Agreement the date first written above, L;~~t:~. LJ/~ J:l. ~~.?-. "p R Y 1.. MILLER /.' ........;.:- /. _ . J A"-:'., .' "'~-cL _ ;771, 7~ A / LORETIA L MILLER (seal) . 0. ~L f11-.J-r?'7.~ ') ~. , (seal) diYOIR/cwlodYlmJUc,,,p' l, I I I ~ "(: , I ., I n 0 (') f.:i 1 J 'I :-'. .-, ""!}I. , il-,"T] r, >) -, . .i') :,'1 1 in ;. t;':l .::(" r;:Li t~l (~) ::.. I. ., .~(-.. :~:: , ..'('> .:.. ,., :;:;1 '.' l"i'1 ;;",- u .;; --I -. ~ '.:1 ~ 1)1 I .. . !\ ~ '0_' I a4/26/2aa2 a9:34 OB5 LAW OFFICE PAGE al 7172495755 Law OjJ/ce.J O'IRIEN, BARIC cl SCHERER 17 lYul SOUIh Sir", Carllsft, Ptnnsylvanla nOIJ Roblr/ L. O'B"III David A. Baric Mlchall A. I)'ch"''' (7/1) 249.d67J Fax (717) 249.5755 e;.mall: obs(lfjobslaw.com dlrtO/: dbarlc(a)obslaw.com April2fi,2002 VIA FACSIMILE: (717) 240-6462 Honol1lblc Edgar B, Bayley Court of Common Pleas ofCumbcrland County Cwnber1and County COurthOIlSC Onc Counhousc Square Carllslc, Pennsylvania 17013 Rn: Loretta Lvnn MeURer v. IeIT'( Lynn Miller No. 95-S37 Civil Dear Judge Bayley: I wlII be: n;pt1:m:uliu~ Jerry Milia Will SlIInIl:Y, Rl:bll Will Miriwn Shl:nk in the above- captioned. We have no objection to the Shenks being added as parties in this matter. v ory trUly )'OUl'lJ, U'BRlEN, BARIC & S~RER ~M)Y) {: (d~ ' David A. Baric, Esquire DAB61 co: Mllrlllll wI FftIl1ily Law Clinic VIA FACSIMILE: (717) 243-3639 File dab.4lr/do...tkJ.lUlerlbtlyJcy,Jtr LORETTA LYNN METZGER (formerly MILLER), Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , v. : CIVI L ACTION - LAW : IN CUSTODY : NO. 9S - 537 CIVIL JERRY LYNN MILLER, Respondent/Plaintiff PROOF OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C.S. ~4904 (relating to unsworn falsitication to authorities), the undersigned verifies that the Family Law Clinic served a true copy of the Petition to Modify Custody Order, Petition to Join Party regarding Stanley and Esther Reinford, Petition to Join Party regarding Stanley, Reba, and Miriam Shenk, and Praecipe to Proceed In Forma Pauperis on Stanley and Esther Reinford by placing the same in the U.S. Mail, certified no. Z 338 765 255, restricted ., delivery, return receipt requested, postage prepaid, on the 8d. day of April, 2002, addressed as Ib\1ows: Stanley and Esther Reinford ofJ28 Pine Road, Mount Ho\1y Springs, Pennsylvania, 17065. Sender's receipt no. Z 338 765 255 is attached hereto and incorporated by reference. On or about the II th day of April, 2002, return receipt no. Z 338 765 255 was delivered to the Family Law Clinic, bearing the signature of Esther Reinford and showing a date of service of April 10, 2002. The return receipt is attached hereto and incorporated by reference. ~ \ let! 0'2- ~ JeSJl~ ~ Certitied Legal Intern FAMILY LAW CLINIC 45 N. Pitt SI. Carlisle, PA 17013 717-243-2968 '.. ,. , I I I . Complete Items I, 2, end 3. Also complete I ,Item 4 If Reslr1cted Oellvery Is desired. I · Prlnl your neme and addre.. on the reverse .0 thet we can return the cord to you. I . Altech thl. cord to the back of the mallplece, i or 00 the front If epece permit.. I 1. MlcloAddmoedlO, . I S;-\-tln le'l o.V\d ~$-\-\'er ~ei~J_ I 3.2. ~ pifle eo~ I ~uV\t- HoII" .sP(\'~51 PA I 170~5 I 2.MIcIo~umbet~troinsetYiC./abfI)'.'" ",',. ".' ';2:' 33 ~ 'riDS' 255' ..", ! PS Form 3811. July 1999 llomestlc Retwn Receipt .~""",~",C'''-''_-:'''''''_l.,''',~,",-_"-,.",,,,,,,,,,, " ..-'~ .. ",' ,,~. A. R_ by (Plea.. Print CINrly) Gmu tt:.INF~t1' c. Slgnalure . X ~"- Ri...... O. I. -..y _lI""",,,llrom lIem I? II Yes. enl... d.UvIl'f odd.... below: ~ I I 3. S<<vIcel'ype I l!l! Certllied Mall 0 e,pms M.., ! o RllllSllHld 0 R.,urn Roc:olpt lor Men:handl.. , o Inwred M.., 0 C.O,O. 4. R..lrlcled DelIVOlYl (Fxtre 'H) fl, ,;j, Z 338 765 255 lC to25f$.H-M-1780 I ......~.I,,;.j,....t;.~,.-"'jP.-J.'~.*J ..._~ ...:-., (: ~:: ,";J l~ .~ . .II:' ~:.. ;1 ~t I' I tJ,,: F";', .-"'. it:.-" {-, :';j , "1 .. 'J Iv ( , . " i I: !I I! 1\J 1..0) " I <'1 , ,," ,C' . , 1(:-' " OJ.'l 'ci :o-,fl' <I ~:l "' 'f,. "'I '.J -. I.:.) :'tl LORElTA LYNN METZGER, (formerly MILLER), Petitioner/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JERRY LYNN MILLER, Respondent/Plaintiff . : 95-0537 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this ~ day of May, 2002, this court's order of April 26, 2002, is amended to reflect that Stanley Shenk Is joined as a party in the within case. All other provisions of the order of April 26, 2002, shall remain in full force and effect.' By th.:.9ourt,' / ,'#' /' Robert E. Rains, Esquire Marlsa McClellan, Certified Legal Intern CAIJ'-1 /lII\...:'l;.;(. :;',')1".".1/ For Petitioner/Defendant r I ,.... / :saa \'},-'.':,\",~.l'~'\:'-EH )'''1'', ....._, .~I '::-::,.,-,.) d_/\ j '.'11! ~/ '1' f'l' ..1"') ,j ~ ,'\I/~J ;In ~ i .Ii , i ".q. ~,\.' '>;: J ::; " .... -- . . ,.....,"~l> "~._~#"~li". ::" ',....... ,__ ,r'flo:~~.." : --,-,.. LORETTA LYNN METZGER fomlcrly LORETTA LYNN MILLER, Pctitioner/Defendant IN TIm COURT OF COMMON I'LEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY. JERRY LYNN MILLER, Respondent/Plaintiff : NO. 95 - 537 CIVIL and STANLEY SHENK, REBA SHENK. MIRIAM SHENK, STANLEY RElNFORD, and ESTHER REIN FORD, Additional Respondents AND NOW, this ORDER OF COURT 1A day of ~, 2002, with thc consent of the parties, the attached Custody Agreement is hereby made an Order of COlllt and the Order of May 13, 2002 is vacated. BY THE COURT, r ..- ....-- ..- /' ( vM( " J. J cc: David A. Baric, Esquire, AtlOl11ey for Plaintiff/Respondent FlIInily Law Clinic, AtlOllleys for Defendant/Petitioncr . ttrt-UA /1. -tic<- 60..( r,.o".v,)., qv-_ , _ ..' ""._ ' , "'.....4....... h." ,-. -. ----. .-':;'-;-'--,- -' _ ,:' . . . ~ U) ~ N >-- .. -:). lJ'~:~ en ll~ .. -". c.5~, - (J;.t: ...., J ...... U~T ..:: ;':i~) I ~ t r ",' .... (T C; .~J ._'tin (:1 ~:, I :~0 :~. ! . 0_ ':1{O ,~ " \.1.1 \~~ a... ,- C/l 'I, ....1 =j () C;) 0 '. LORETTA LYNN METZGER formerly LORETTA LYNN MILLER, Pe1itioncr/Dcfcndant IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVI L ACTION - LA W : IN CUSTODY JERRY LYNN MILLER. Respondent/Plaintiff : NO, 95 - 537 CIVIL and STANLEY SHENK, REBA SHENK, MIRIAM SHENK, STANLEY RElNFORD, and ESTHER REIN FORD, Additional Rcspondents CUSTODY AGREEMENT TI-IIS AGREEMENT, made this day of , 2002, bctween Loretta L. Metzger (herdnafter Mothcr), Jeny L. Miller (hereinafter Futher), Stanley, Reba and Mhiam Shenk (hercinafter the Shenks), and Stanlcy und Esther Reinford (hereinafter the Reinfords), concerns thc custody ofthc minor child Ambcr N. Miller, bOI11 October 27, 1988. The parties dcsire to enter into an agrcement as to the custody of thc minor child. The partics agree to thc following: I. Mother and Fathcr shall share IcguJ custody of the child. 2. Father shall continuc to enjoy pIimmy physical custody of thc minor child with the understanding that actual physicul custody of the minor child is with the Shenks. 3. Mother shall enjoy periods ofpm1ial physicul custody ll5 follows: A. On Suturduys, dllling thosc wecks in which the minor child has church servicc on Wednesday evcning, for u six hour timc peIiod to bc agreed upon by thc pm1ies. Mothcr shall notify thc Shenks that shc will bc cxercising her pm1ial custody privileges and amlllgc a transfer timc by noon on thc Thursday just priOl' to her custody peliod on Saturdays. B. On the first and third Wcdnesday of each month, from 4:00 p.m. to 8:00 p,m. Mother shall an'ange to havc custody of the chiid on a different weekday during the same weck ifher work schcdule will not pennit her to have custody on Wednesday evening. Mother shall notify the Shenks that she will be exercising hcr pal1ial custody privileges twenty-four hOllrs prior to the trnnsfer time on weekdays. C. As the parties may othmvise agree. The parties each agree to accommodate the schedule of the other and to al1'ange additional or substitute pcriods of custody for Mother in order to encourage and facilitate the relationship I between Mother and minor child. 4. Mother shall be responsible for providing transp0l1ationnccessmy to cxercisc her partial custody privilcges, 5. Mother shall have physical custody ofthc child on Mothcr's Day from 1:00 p.m. to 5:00 p.m. Mother and Father shall sharc physical custody of thc child on the child's birthday and on holidays, including Easter, Thanksgiving and Christmas. Mothcr and Father or thc Shenks shall arrange specific times for Mothcr to exercise her period ofpm1ial physical custody in advance of the holiday so that her custody peliod will not interfere with the child's pUl1icipation in church services. 6. Mother will cnsure that the minor child completes hcr homcwork on those weekday cvcnings when she has custody of the minor child. 7. Thc pm1ics shall keep one another advised of their cUlTentuddress und telephone '.' '--"" J,. ':"~."', ' ... . '. . ' . . ., l' ' ..... number. 8. The pm1ies shall notify each other immcdiately of medical emcrgcncics which arise while the child is in thcir care. 9. No pm1y shall do anything which may estrange the child frolll another pm1y, 01' injure the opinion of the child as to another pm1y or which may hamper the free and natural development of the child's love and respect for another party. 10. The pm1ies intcnd to be bOllnd by the temlS of this Agreemcnt and intend for this Agrcement to be made an Ordcr of COUl1. The pm1ies agrce that the Order of COUl1 datcd May 13,2002 should be vacated. The pm1ies may modify the temlS of this Agrcement by mutual consent. In absence of mutual consent, thc telms of the Agrcement shall control. ~2 ...!'J -."r<< .(~') fc'rry 'Ziviiller, Plaintiff/ResJondcnt ~~~,I Rcb Shcnk, Additional Respondent yr7,'it~ sl/~J: Miriam Shcnk, Additional Rcspondent Esther Reinford, A itional Respondent ~;;/ tf 9r ~J, 20 Jennifcr 'verly CCl1ified Legallntem 1K4 t fafh: Thomas M. Place Robelt E. Rains Lucy Johnston. Walsh SUPERVISING ATTORNEYS Allol'llcysfo/' Dcfcl/dal/llPcliliol/c/' David A. Baric, Esquirc Allol'llcy fo/' Plail/lifflRcsflol/rlcl/1 Attomey for Additional Respondents O'Brien, Baric, and Schercr 17 West South Street Carlisle, PA 17013 (717) 249-6873 rAMIL Y LA W CLINIC 45 NOl1h Pitt Strcct Carlisle, PA 17013 (717) 243-2968 p ':'! ,"j :'. '" -,'I --:'i:l "r.. , L'!I" I': , ~'_. t. ,,, ."', I.) ,. (.~) : ,;, (' , [ t ~.: I, , A. :f~-' 't;.~'(', " .\I.i. . '1"1 ".f -< ; .X' -i' f" I.p'll \-,1 .. "1 :-~ ") " ..I '-'I ....