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HomeMy WebLinkAbout95-06555 Li i t x? Y +t Y Rtt)56 I S t t?l ? t 1 r{ 1e • f r i ri , I r t f F' t; r iv a ir r i 'fir t f 1 _ .u:F { F.F93 } i i' 1 iq JOANNA MILLER, _ Plaintiff V. I MATTHEW ROY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- L S s" i CIVIL TERM CUSTODY AND NON, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before TJ ^ S the connciliator, at u41& on the _ 4V h day of Lf??E? ??Y W Mw,n 51 IMltclwn'? 1994, at -004 .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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT OFFICE SET E FORTH LAWYER BELOW R TO CANNOT OUT OWHEREEYOUOCATO OR N GETT LEGAL TELEPHONE COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 The Court of Common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Acto 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 scheduled hearing or business before the court. You must attend the scheduled conference or hearing. If dl 9S X?4 is fo /,? ?S.va? 11 JOANNA MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95- 4A-5'i CIVIL TERM MATTHEW ROY, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Joanna Miller, residing at 400 7th Street, New Cumberland, Cumberland County, Pennsylvania, but temporarily staying at 14 E. Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Matthew Roy, residing at an address unknown to the best of the plaintiff's knowledge in New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff seeks custody of the following child: HAM Present Residence Ago Sierra Roy 14 E. Marble Street S mos. Mechanicsburg, PA DOB 4/30/95 The child was born out of wedlock. The child is presently in the custody of Joanna Miller, who resides at 14 E. Marble Street, Mechanicsburg, Cumberland County, Pennsylvania. Since birth, the child has resided with the following persons and at the following addresses: NAM Address Date Plaintiff, 14 E. Marble Street 9/16/95 Catherine Miller, Mechanicsburg, PA to Present Shannon Geiger, and Megan Miller Plaintiff and 400 7th Street 8/30/96 Defendant New Cumberland, Pa to 9/16/96 Harrisburg Hospital 4/30/96 to 8/30/96 The mother of the child is Joanna Miller, currently residing at 14 E. Marble Street, Mechanicsburg, Cumberland County, Pennsylvania. She is single. The father of the child is Matthew Roy, currently residing at an unknown location in New Cumberland, Cumberland County, Pennsylvania. He is single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: 0 Catherine Miller Shannon Geiger Megan Miller Sierra Roy Relationship mother sister daughter daughter 6. The relationship of defendant to the child is that of father. To the best of Plaintiff's belief and knowledge, the defendant currently resides alone. 8. 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. 7. Plaintiff has no information of a custody proceeding t concerning the child pending in a court of this Commonwealth. 8. 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. The mother has been the primary caretaker of the child. b. The mother can beet provide for the needs of her child. C. The father is not a fit person to have custody of the child because of his violent and abusive behavior. 10. 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. WHEREFORE, the plaintiff requests this Court to grant primary physical and legal custody of the child to the plaintiff. Respectfully submitted, an C ey Philip Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named Plaintiff, Joanna Miller, verifies that the statements made in the above complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.B. 54904, relating to unsworn falsification to authorities. Dates 11-13 9.5 Q- °1r, _iv •? IL C• y.i N OI .? tr '-.'b,?Us Z ? u ¦ r JOANNA MILLER, Plaintiff i V. MATTHEW ROY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- 4 CIVIL TERM CUSTODY To the Prothonotary: Kindly allow, Joanna Miller, Plaintiff, to proceed in Zama RAWMK l • I, Philip Briganti, attorney for the party proceeding in 12IL yg<yperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Philip riganti Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 JOANNA MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA V. MATTHEW ROY, Defendant NO. 95- GSai CIVIL TERN CUSTODY 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I an unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Joanna R. Miller Address: 400 7th Street New Cumberland. PA 17070 Social Security Number: 171-56-4417 (b) If you are presently employed, state Employer: None Address: N/A Salary or wages per month: N/A Type of work: N/A If you are presently unemployed, state Date of last employment: February 1994 Salary or wages per month: 51041.60 Type of work: Dock work (c) Other income within the past twelve months Business or profession: None Other self-employment: None Interest: None Dividends: None Pension and annuities: None Social Security benefits: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: None Workman*s compensation: None Public Assistance: $316.00/mo, since February 1994 Other: None (d) Other contributions to household support (Wife (Husband) Name: None If your (husband) (wife) is employed, state Employer: N/A Salary or wages per month: N/A Type of work: N/A Contributions from children: N/A (e) Property owned Cash: None Checking Account: None Savings Account: None Certificates of Deposit: None Real Estate (including home): None Motor vehicle: Hake None Year Cost Amount owed Stocks; bonds: None Other: None (f) Debts and obligations Mortgage: None - Rent: 8159-00120, Loans: None Monthly Expenses: Electric 5111 00 Telephone-S55.00 i S50 00 Gasoline SS0 00 Groceries-630.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: )one Children, if any: Name: Marra Roy Age: 6 mos. 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 1 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. 4904, relating to unsworn falsification to au 1[''9S Date: J ?. : 41 n,; i :1..1 p a u.4 JOANNA MILLER, Plaintiff MATTHEW ROY, v. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6666 CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE I, Jennifer Swigart, on this 27th day of November, 1996, served a true and correct copy of a Custody Complaint and an Order for a Conciliation Conference in the above-captioned case upon the defendant's attorney, Susan Candiello, at 312 East Meadow Drive, Mechanicsburg, Pennsylvania, by certified mail, return receipt requested, restricted delivery. I verify that the statements made in this Affidavit of Service 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. Date ennif Swigart 41 M o? .Ii 1?IJ I 1 . A _. JOANNA MILLER, Plaintiff VS. MATTHEW ROY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6555 CIVIL TERM CIVIL ACTION - LAW CUSTODY OF OOURT AND K NO this day of , 1996, upon consideration of the attached Custody Con iat on S Report, it is ordered and directed as follows: 1. The Mother, Joanna Miller, and the Father, Matthew Roy, shall have shared legal custody of Sierra Roy, born April 30, 1995. 2. The Mother shall have primary physical custody of the Child. 3. Pending further Order of this Court, the Father shall have supervised visitation with the Child on alternating weekends on Saturday and Sunday from 12:00 noon until 7:00 p.m. The alternating weekend schedule shall begin on February 3, 1996. The Father's periods of visitation under this paragraph shall occur at either the paternal grandmother's home or the Father's home with supervision being provided by either the paternal grandmother or the Mother. 4. The Father shall attend an eight week program at the Children's Playroom in Harrisburg, on Thursday mornings from 10:00 a.m. until 12:30 p.m. which shall include professional supervision of time with the Child, parenting classes and a parenting support group. The Father shall obtain a written evaluation from a professional at the Children's Playroom assessing his participation in the program. A copy of the evaluation shall be provided to the Mother or her legal counsel. 5. The parties and their counsel shall meet with the Custody Conciliator, Dawn S. Sunday, Esquire, for a second Conference on March 26, 1996 at 11:00 a.m. BY THE COURT, cc: Susan Candiello, Esquire t Joan Carey, Esquire - Jennifer Legal I erns qC.1 -,% J. 1 'dl JOANNA MILLER, Plaintiff va. MATTHEW ROY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6555 CIVIL TERM CUSTM OOIICILIATION SUMPARY REPORT IN AOOORMNIE WITH CUMBERLAND C101iPY RULE OF CIVIL PIW== 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The relevant information pertaining to the Child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Sierra Roy April 30, 1995 Plaintiff/Mother 2. A Conciliation Conference was held on January 23, 19960 with the following individuals in attendance: The Mother, Joanna Millor, with her counsel, Joan Carey, Esquires and Jennifer Swigart, Legal Intern and the Fathers Matthew Roy, with his counsels Susan Candiellos Esquire. 3. The parties agreed to entry of an order in the form as attached. .3 /s& Date Custody Conciliator JOANNA MILLER, Plaintiff VS. MATTHEW ROY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA N0. 95-6555 CIVIL TERM IN CUSTODY T OF OOUBT 1 ? AND NDII, this day of 1996, upon consideration of the attached Custody Conciliation Ris ordered and directed as follows: 1. The Mother, Joanna Miller, and the Father, Matthew Roy, shall have shared legal custody of Sierra Roy, born April 301 1995. 2. ,he mother shall have primary physical custody of the Child. 3. For a period of two (2) months, beginning April 27, 19961 the Father shall have visitation with the Child at the Mother's residence on alternating weekends on Saturday and Sunday from 8:30 a.m. until 11:30 a.m. during which time the Father shall bathe the child and perform the necessary physical therapy exercises. The Father shall also have unsupervised custody outside of the Mother's home on the same days from 11:30 a.m. until 3:30 p.m. 4. For the next two months beginning June 22, 1996, the Father shall have partial physical custody of the Child on alternating weekends from 8:30 a.m. until 7:00 p.m. on both Saturday and Sunday. 5. Beginning August 171 1996, the Father shall have partial physical custody of the Child on alternating weekends from Saturday at 8:30 a.m. until the following Sunday at 7:00 p.m. Upon providing two weeks notice to the Mother, the Father may have partial custody of the Child during his alternating weekends from Friday at 8:30 a.m. until Sunday at 7:00 p.m. for the purpose of taking the Child to visit the Father's relatives in West Virginia. 6. The parties shall share or alternate physical custody of the child on holidays as follows: A. Christmas. The Christmas holiday shall be divided into Segment A, which shall begin on Christmas Eve at 10:00 a.m. and end on Christmas Day at 10:00 a.m., and Segment B, which shall begin on Christmas Day at 10:00 a.m. and end on December 26, at 10:00 a.m. The Father shall have custody of the Child during Segment A in even numbered years and Segment B in odd numbered years. The Mother shall have custody of the child during segment A in odd numbered years and during Segment B in even numbered years. B. Thanksgiving. The Mother shall have custody of the Child in every year on Thanksgiving Day. The Father shall have custody of the Child in every year on the Saturday following Thanksgiving from 8:30 a.m. until 7:00 p.m. C. Alternatin holidays. The parties shall alternate custody of t e d on New Years Day, Easter, Memorial Day, July 4th and Gabor Day, beginning with the Mother having custody of the Child on Memorial Day in 1996. D. Mother's Dar/Father's Day. The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. 7. Beginning in 1997, both parties shall have custody of the Child for one uninterrupted week, including both weekends, each summer upon providing thirty (30) days advance notice to the other party. 8. The parties agree to share custody of the Child on the Child's birthday in every year as arranged by mutual agreement of the parties.. 9. Both parties shall insure that the noncustodial party has the address and telelphone number where the Child can be reached while in the other party's custody. 10. This court's prior order dated January 25, 1996, is vacated. 11. 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. Joan Carey, Esquire Susan Candiello, Esquire , . . '.'-,,.1 JOANNA MILLER, Plaintiff vs. MATTHEW ROY, Defendant M= JUD(B: George E. Hoffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6555 CIVIL TERM IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN AOOORQN KZ MD:R11 CUMBERLAND OOUlM R ULK OF CIVIL PROCIDIM 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The relevant information pertaining to the Child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Sierra Roy April 30, 1995 Plaintiff/Mother 2. A Conciliation Conference was held on April 23, 1996, with the following individuals in attendance: The Mother, Joanna Miller, with her counsel, Joan Carey, Esquire, and the Father, Matthew Roy, with his counsel, Susan Candiello, Esquire. 3. The parties agree to entry of an order in the form as attached. DATE: ?+ 11796 4?? ? Dawn S. Sunday, Esqu Esquire Custody Conciliator nLED-t)t RCE TH,, P° ,,y?'I .NOTA Y .12010 JAS 12 pM 3. 18 JOANNA R. MILLER, CD°J:-_:IN...TUEC T OF COMMON PLEAS OF Plaintiff Pi,=X> b1 WkLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 1995-6555 MATTHEW T. ROY, Defendants : IN CUSTODY STIPULATION REGARDING CUSTODY Plaintiff Joanna R. Miller, hereinafter referenced as "Mother," and Defendant Matthew T. Roy, hereinafter referenced as "Father" hereby agree to the following terms in an Order defining custody and partial custody rights and responsibilities in relation to Sierra Cheyenne Elizabeth, born April 30, 1995, hereinafter referenced as "Child:" Mother and Father agree to share legal custody of the child with Paternal Grandmother, Beverly Martin. All decisions affecting the child's growth and including but not limited to medical treatment, education, and religious training, are major decision which Mother, Father and Paternal Grandmother shall make jointly after discussion and consultation with each other. 2 Each party shall have full and complete access to the child's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. 3 Mother and Father and Paternal Grandmother, Beverly Martin agree Mother shall have primary physical custody of child subject to periods of partial custody with the Grandmother and Father as agreed upon by the parties. 11 4. Any modification or waiver of any of the provisions of this Agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the Agreement of the parties. 5. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Paternal Grandmother's attorney is Karl E. Rominger, Esquire. If Father and Mother do not seek the advice of an attorney, they waive their right to do so knowingly and voluntarily. 6. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. 7. Consented to: \- \O -QC)?O Date /v/U Date 1,21b7 o Date /.,? --?-6 Date Date Date R. Miller 'Witness for Joa?a R. Miller Matthew T. Roy ' Witness for Matthew T. Roy Beverly , artin, Paternal Grandmother Karl Bfominger, Esquire I' JAN 1 a Z416 JOANNA R. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, CIVIL ACTION - LAW r-3 NO. 1995-6555 n ? -n MATTHEW T. ROY, - ' ,, . 7;? Defendants IN CUSTODY ORDER OF COURT , AND NOW, this 1 Y day of 2009, based upon the Stipulation of the parties, the Court enters the following ORDER: 1. The previous Order(s) of Court at this docket remain in full force and effect, except as modified as follows: 2. Mother, Father, and Paternal Grandmother, Beverly Martin are awarded shared legal custody of the minor child, Sierra Cheyenne Elizabeth, born April 30, 1995, hereinafter referenced as "Child". 3. Mother shall have primary physical custody of Child subject to periods of partial physical custody with the Father and Paternal Grandmother, Beverly Martin Father as agreed upon by the parties. ? 1 E. Rominger Esq. ? Jratthew a R. Miller 1; T. Roy 6,Jes mi.tL e 1 Y j!d J.