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HomeMy WebLinkAbout02-3980FREDERICK MILLER, Plaintiff DANNIELE MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Frederick C. Miller, who in support of the forgoing Petition avers as follows: 1. Plaintiff, Frederick Miller, is an adult individual residing at 20 Westminster Court, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Danniele Miller, is an adult individual who resides at 1164 Fleming Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties were married on February 12, 1993. 4. Plaintiff and Defendant are the natural parents of Victoria E. Miller, born May 23, 1994 and Gabrielle A. Miller, born January 29, 1997 herein after referred to as "the children". 5. The children resided with Plaintiffand Defendant until January 22, 2002, after which time, the children resided at 1164 Fleming Road, Mechanicsburg, Cumberland County, Pennsylvania with Defendant. Plaintiffhas visitation every other weekend from Friday at 4:00 p.m. until Sunday at 5:00 p.m. and every Wednesday. 6. Plaintiff believes and therefore avers that it is in the best interest of the children that legal custody of the children be shared and physical custody be shared on a 50/50 basis. Wherefore, Plaintiff respectfully requests that it be ordered that physical custody be shared on a 50/50 basis and legal custody be shared. ~tted~/ /~ Michael J. Pykos~Esq~ ~ Attorney Identification No. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 FREDERICK MII.LER, Plaintiff DANNIELE MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW VERIFICATION I hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belie~ I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. "~rederick I~il~ FREDERICK MILLER, Plaintiff DANNIELE MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _- : NO. $171-CV-199:~ ._ : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Michael J. Pykosh, Esquire, hereby certify that on this n~:>~day of'August 2002, served a true and correct copy of the Petition for Custody, upon the party listed below, by first-class mail, postage prepaid: Robert P. Kline, Esquire Kline Law Office 714 Bridge Street New Cumberland, PA 17070 LAW OFFICE OF DARRELL C. DETHLEFS Date: · ael J. Pyl~Ssh, F/~quire FREDERICK MILLER PLAINTIFF DANNIELE MILLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3980 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, A~ugust 28~, 2002 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunda~, the conciliator, at 39 West Main Street, Mechanicsbur~,, PA 17055 on Thursday, September 19, 2002 - at _I:00__PM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ~ Su~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to anv hearin · attend the scheduled conference or hearing. ~ g or bus~ness before the court. You must YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WltERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FREDERICK MILLER, Plaintiff : VS. DANN[ELE MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3980 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY ORDER OF COURT upon AND NOW, this _ "a 3>' day of _ C> c~ ~ o- consideration of the attached Custody Conciliation Report, it is o-~ered and , 2002, directed as fo~iows: 1. The parties shall submit themselves, their minor Children and any other individuals deemed necessary by the evahiator to a custody evaluation to be performed by Pauline Wallin or other professional selected by agreement. The purpose of the evaluation shah be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests and needs of the Children. The Father shall be responsible to pay 60% and the Mother shall be responsible to pay 40% of the costs of the evaluation. 2. The Father, Frederick Miller, and the Mother, Danniele Miller, shall have shared legal custody of Victoria E. Mil/er, bom May 23, 1994, and Gabrielle A. Miller, born January 29, 1997. Each parent shall have an equal right, to be exercised jointly with the other Parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this Paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. Pending further Order of Court or agreement of the parties, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody on alternating weekends from Friday at 4:00 p.m. through Sunday at 5:00 p.m. The Father shall also have custody of the Children every Wednesday evening from 4:00 p.m. until 8:00 p.m. 4. The parties shah share or alternate having custody of the Children on holidays as follows: A. THANKSGIVING: The Thanksgiving holiday shall run from Thanksgiving morning through the following Monday evening with the specific times for exchanges to be arranged by agreement of the parties. The Father shall have custody of the .Children over Thanksgiving in even numbered years and the Mother shall have custody m odd numbered years. B. CHRISTMAS: In 2002, the Mother shall have custody of the Children from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and the Father shall have custody from Christmas Day at 12:00 noon through December 26 at a time to be arranged by agreement of the parties. The parties shall share having custody of the Children over the Christmas holiday in subsequent years as arranged by agreement. C. EASTER: The Easter holiday shall run from the Thursday before Easter through the following Monday with the times for exchanges to be arranged by agreement of the parties. The Mother shall have custody of the Children over the Easter holiday in odd numbered years and the Father shall have custody in even numbered years. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall ensure that Victoria attends all rehearsals and shows scheduled for the Nutcracker ballet during his or her periods of custody. 6. Within 60 days of receipt of the evaluator's recommendations, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if necessary. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent the terms of this Order shall control. cc: Michael Pykosh, Esquire - Counsel for Father Max J. Smith, Esquire - Counsel for Mother BY THE COURT, FREDERICK MILLER, VS. DANNIELE MILLER, Plaintiff : ; : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02~3980 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT · - .... ~ ~,u*~lgned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Victoria E. Miller Gabrielle A. Miller DATE OF BIRTH .CURRENTLY IN CUSTODY OF May 23, 1994 Mother January 29, 1997 Mother 2. A Conciliation Conference was held on October 3, 2002, with the following individuals in attendance: The Father, Frederick Miller, with his counsel, Michael Pykosh, Esquire and the Mother, Darmiele Miller, with her counsel, Max J. Smith, Esquire. 3. The parties had agreed at the Conference to either an ongoing custody schedule or a temporary arrangement during which the parties would obtain a custody evaluation. It was agreed that the Father would continue to consider the options and his counsel would contact the Conciliator by October 15 to advise on which alternative the Father had selected. Accordingly, the Father's counsel contacted the Conciliator subsequent to the Conference and advised that the Father would like to proceed with the custody evaluation. Date 4. The parties agreed to entry of an Order in the form as attached. awn S. Sunday, Esquire t~- Custody Conciliator FREDERICK MILLER, Plaintiff VS. DANNIELE MILLER, Defendant · IN THE COURT OF COMMON'PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3980 CIVIL TERM · ' CIVIL ACTION -LAW · CUSTODY CUSTODY STIPULATION THIS STIPULATION, made this I ~"l~day of '_]~co.~_~__, 2002, by and between DANNIELE MILLER (hereinafter referred to as "Mother") and FREDERICK MILLER (hereinafter referred to as "Father'). WITNESSETH: WHEREAS, Mother, Danniele Miller is an adult individual who resides at 1164 Fleming Drive, Mechanicsburg, Cumberland County, Pennsylvania. WHEREAS, Father, Frederick Miller is an adult individual who resides at 20 Westminster Court, Carlisle, Cumberland County, Pennsylvania. WHEREAS, Mother and Father are the natural parents of VICTORIA E. MILLER, born May 23, 1994 and GABRIELLE A. MILLER, born January 29, 1997· WHEREAS, Father had filed a Complaint for Custody on August 20, 2002, a result of which a custody conference was held before Custody Conference Officer, Dawn S. Sunday, Esquire on September 19, 2002· WHEREAS, the parties have reached an agreement and therefore desire to have same incorporated as an Order of Court. NOW, THEREFORE, the parties hereto mutually agree and stipulate as follows: §5301 et seq. The parties shall share legal custody of the children as defined by 23 Pa. C.S.A. Mother, Danniele Miller, shall be entitled to primary physical custody of Victoria E. Miller and Gabrielle A. Miller. o as follows: Father, Frederick Miller, shall be entitled to partial custody of the minor children (a) Alternate weekends from Friday at 4:00 p.m. until Sunday at 5:00 p.m. (b) Every Wednesday from 4:00 p.m. until 8:00 p.m. (c) Father shall be entitled to custody on Father's Day and Mother shall be entitled to custody on Mother's Day, the times being from 9:00 a.m. until 7:00 pomo 4. The parties shall alternate or share the holidays of: (1) New Year's Eve (2) Easter (3) Memorial Day (4) Independence Day (5) Labor Day (6) Thanksgiving The precise times that the children will be with the custodial parent on said holidays will be arranged by the parties. 5. Mother shall have the children every Christmas. Eve until Christmas Day at 2:00 p.m., and Father shall have the children every Christmas Day bom 2:00 p.m. until 9:00 p.m. 6. Father shall be entitled to two (2) non-consecutive weeks of summer vacation, consisting of one week in June and one week in August, and shag provide thirty (30) days notice to Mother of the specific weeks. Father's two weeks of summer vacation must include his weekend (i.e., no more than seven (7) days). Each parent shall provide the other with the destination of any vacations and a telephone number to reach him/her and the children in the event of an emergency. 7. The holiday schedule and the schedule for Mother's Day and Father's Day shall prevail over the regular custody schedule. 8. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 9. Each parem shall be entitled to reasonable telephone contact with the children when they are in the custody of the other parent. 10. Neither parent shall permanently relocate if the :relocations would necessitate a change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a minimum of sixty (60) days to the other parent. The sixty (60) day notice is designed to afford the parents an opp'ormnity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 11. Father shall ensure that the children attend scheduled activities during his times of partial custody. 12. The parties agree that neither will utilize his or her rights with respect to the minor children to harass and interfere with the other party, including the scheduling of partial custody arrangements. The parties further agree that they will not harass or malign each other in the pres- ence of the minor children, as both parties recognize that such conduct is detrimental to the best interests and welfare of the children. 13. Each party acknowledges that the Stipulation is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. This Stipulation and its legal effect have been fully explained to Mother by her legal counsel, MAX J. SMITH, JR., Esquire, and to Father by his legal counsel, MICHAEL pYKOSH, Esquire. 14. The parties will seek the assistance of this Honorable Court in resolving anY difference which may arise, and which differences cannot be amicably resolved, concerning custody matters herein. 15. Father and Mother agree that a Court Order encmnpassing the provisions herein set forth shall be entered by the Court of Common Pleas of Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, affix their hands and seals below, the day and year first above written. TNESS DAI'4NII~L]~ MILLER FREDERICK MILLE FREDERICK MILLER, Plaintiff VS. DANNIELE MILLER, Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3980 CIVIL TERM CIVIL ACTION ' LAW CUSTODY ORDER AND NOW, this l?_~~ day of ~a--a~ ,200~, upon presentatio~ and consideration otthe attached Custody Stipulation, it is hereby Ordered and Decreed that said Stipulation as submitted and executed by the parties shall be incorporated herein and made part hereof. BY THE COURT: HESS, J. FREDERICK MILLER, Petitioner V. DANNIELE MILLER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. 62-3980 PETITION TO MODIFY CUSTODY AND NOW, comes Petitioner, Frederick Miller, through his attorney, The Law Office of Darrell C. Dethlefs, and avers the following: 1. Petitioner is Frederick Miller, an adult individual with a residence located at 13 Mt. Allen Drive, Mechanicsburg, PA 17055. 2. Respondent is Danniele Miller, an adult individual with a residence located at 1164 Fleming Drive, Mechanicsburg, Pennsylvania 17055. 3. Petitioner seeks primary physical and joint legal cus'tody of Victoria E. Miller, bom 5/23/94, (hereinafter known as Child). 4. Petitioner and Respondent are the natural parents of the child. 6. A Court Order was previously entered in this mattel a copy of which is attached hereto. 7. Circumstances have changed since the aforesaid Order was entered. 8. The best interests and permanem welfare of Victoria E. Miller will be served by granting the relief requested because the Petitioner ils better able to provide a stable, secure environment in which to raise the child. 10. Plaintiff is requesting primary physical custody. 11. Neither party hereto are members of the Armed Forces of the United States or any of its allies. WHEREFORE, Plaintiff respectfully requests this Court to grant primary physical custody pursuant to the within Petition. Respectfully Submittecl, Date: By: Michael J. Pykosh, Esquire Attorney I.D. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-944.6 FREDERICK MILLER, Petitioner V. : -_ DANNIELE MILLER, : Defendant/Petitioner: IN THE COURT OF COMMON PLEAS CUMBE~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. 02-3980 VERIFICATION I hereby verify that the statements of fact made in the foregoing Petition to Modify Custody, are true and correct to the best of my knowledge, information and belief. I understand that any false statemems therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to Unswom falsification to authorities. Frederick Miller FREDERICK MILLER, Petitioner V. DANNIELE MILLER, Defendant/Petitioner : IN ~ COURT OF COMMON PLEAS : CUMBE~ I~.OUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. 02-3980 ORDER OF COURT And now, this __ day of ,2003, upon consideration of the attached Petition, it is hereby directed that the above parties and their respective counsel appear before ., Esquire, the Conciliator;, at - , Pennsylvania, on the ~ day of ,2003, at A.M./PM., for a Pre-hearing Custody Conference. At such conference, an et~)rt 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 emer into a temporary order. All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS APPEAR TO YOUR LAWYER xr 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 FREDERICK MILLER, Petitioner DANNIELE MILLER, : Defendant/Petitioner: IN TI:[E COURT .OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. 02-3980 PETITION TO MODIFY CUSTODY AND NOW, comes Petitioner, Frederick Miller, through his attorney, The L~[w Office of Darrell C. Dethlefs, and avers the following: Petitioner is Frederick Miller, an adult individual with'~ residence located at 13 Mt. Allen Drive, Mechanicsburg, PA 17055. Respondem is Danniele Miller, an adult individual vdth a residence located at 1164 Fleming Drive, Mechanicsburg, Pennsylvania 1705_';. Petitioner seeks primary physical and joim legal custody of Victoria E. Miller, bom 5/23/94, (hereinafter known as Child). 4. Petitioner and Respondent are the natural parems of the child. 6. A Court Order was previously entered in this matter, a copy of which is attached hereto. 7. Circumstances have changed since the aforesaid Order was entered. The best interests and permanem welfare of Victoria E. Miller will be served by granting the relief requested because the Petitioner is better able to provide a stable, SeCure environment in which to raise the child. 10. Plaintiff'is requesting primary physical custody. 11. Neither party hereto are members of the Armed Forces Of the United States or any of its allies. WI~-EREFORE, Plaintiffrespeeffully requests this Court to grant primary physical custody pursuant to the within Petition. Respectfully Submitted, Date: By: Michael J. Pykosh, Esquire Attorney I.D. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 FREDERICK MILLER, Petitioner V. DANNIELE MILLER, Defendant/Petitioner IN TI~ COURT OF COMMON PLEAS CUMBE~ ,COUNTY, PENNSYLVANIA CIVIL ACTION -, LAW CUSTODY NO. 02-$980 VERIFICATION I hereby verify that the statements of fact made in the foregoing Petition to Modify Custody, are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties coma]ned in 18 Pa C. S. Section 4904,. relating to Unswom falsification to authorities. Date: Frederick l~fdler FREDERICK MILLER : PLAINTIFF : V. : DANNIELE MILLER : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3980 CIVIL ACTION LAW IN C'USTODY ORDER OF COURT AND NOW, Wednesday, May 21, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Tuesday, June 24, 2003 at 1:00 PM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FREDERICK MILLER, Plaintiff VS. DANNIELE MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3980 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this tl ~ day of O'~ , 2003, upon consideration of the attached Custody Conciliation RepOrt, ittis ordered and directed as follows: 1. The prior Orders of this court dated October 28, 2002 and January 13, 2003 are vacated and replaced with this Order. 2. The Father, Fredrick Miller, and the Mother, Danniele Miller, shall have shared legal custody of Victoria E. Miller, bom May 23, 1994 and Gabrielle A. Miller, bom January 29, 1997. Each parent shall have an equal fight, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 4:00 pm until Sunday at 7:00 pm and every Wednesday from 4:00 pm until 8:00 pm. 5. The parties shall share or alternate having custody of the Children on holidays in accordance with the following schedule: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 11:00 am through Christmas Day at 11:00 am, and Segment B, which shall nm from Christmas Day at 11:00 am through December 26 at 11:00 am. In odd numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In even numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. ALTERNATING HOLIDAYS: In odd numbered years, the Mother shall have custody of the Children on New Years Day, Memorial Day and Labor Day, and the Father shall have custody on Easter, July 4th, and Thanksgiving. In even numbered years, the Father shall have custody on New Years Day, Memorial Day and Labor Day, and the Mother shall have custody on Easter, July 4th and Thanksgiving. When the Mother has custody of the Children, the holiday period shall run from 9:00 am until 8:00 pm on the holiday and when the Father has custody the holiday period shall run from 9:00 am until 5:00 pm. Both parties shall ensure that the Children attend mass at a Catholic Church on Easter Sunday. C. MOTHER'S DAY / FATHER'S DAY: In every year the Mother shall have custody on Mother's Day from 9:00 am until 8:00 pm and the Father shall have custody on Father's Day from 9:00 am until 5:00 pm. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Each party shall be entitled to have custody of the Children for two nonconsecutive weeks of summer vacation each year upon providing at least sixty days advance notice to the other party. Each party shall schedule periods of vacation custody under this provision to include that party's regular weekend period of custody. 7. The parties' daughter, Victoria, shall continue her ongoing counseling with Anthea Stebbins. Each parent agrees to schedule a meeting with the counselor to obtain recommendations regarding reduction of conflict and stress in the custody situation for the Child's benefit. 8. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that party shall provide the other party with advance notice of the address and telephone number where the Children can be contacted. 9. The noncustodial parent shall be entitled to reasonable telephone contact with the Children. 10. Neither parent shall use or possess illegal drugs during his or her periods of custody with the Children. The parties shall ensure that third parties having contact with the Children shall comply with this provision. 11. In the event either party intends to relocate his or her residence in excess of fifty miles further away from the other party's residence or if the relocation would require a change in the custody schedule that party shall provide at least sixty days advance notice to the other party in order to allow sufficient time to modify the custody arrangements by agreement or through the legal process prior to the relocation. 12. The Father shall ensure that the Children attend their regularly schedules activities during his periods of custody. 13. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. The parties agree that neither party will utilize his or her rights with respect to custody to harass and interfere with the other party. 14. The parties agree that this Court shall retain jurisdiction in resolving any differences which may arise in the custody arrangements. 15. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Michael J. Pykosh, Esquire - Counsel for Father Brian Bornman, Esquire - Counsel for Mother FREDERICK MILLER, Plaintiff VS. DANNIELE MILLER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3980 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Victoria E. Miller Gabrielle A. Miller May 23, 1994 January 29, 1997 Mother Mother 2. A Conciliation Conference was held on July 2, 2003 with the following individuals in attendance: The Father, Frederick Miller, with his counsel, Michael J. Pykosh, Esquire, and the Mother, Danniele Miller, and her counsel, Brian Bomman, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator