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HomeMy WebLinkAbout07-0730 Larry and Elaine Weidman and, IN THE COURT OF COMMON PLEAS OF Melissa Muich, : Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 7jb CIVIL TERM Matthew Muich Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiffs are Larry and Elaine Weidman maternal grandparents of the minor child, Dakota M. Muich date of birth, 8/30/03 residing at 45 West Creek Road, Newburg, PA 17240, and Melissa Muich, natural mother of the minor child who is in the military stationed at 8925 Albemarle Drive, Norfolk, VA 23503. 2. The defendant is Matthew Muich whose last known address was 195 Zion Road, Newburg, PA 17240. However, it is believed that the father has relocated to the state of Vermont. 3. Plaintiffs seek custody of the following child: Name Present Residence DOB Age Dakota M. Muich 45 West Creek Road 8/30/03 3 years Newburg, PA 17240 The child was born out of wedlock The child is presently in the custody of Larry and Elaine Weidman, who reside at 45 West Creek Road, Cumberland County, Newburg, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Larry and Elaine Weidman 45 West Creek Road Newburg, PA Melissa Muich 27%2 N. Earl Street Shippensburg, PA Dates 10/19/03 -3/04 3/04-4/04 Melissa and Matthew Muich 40 Penn Street 4/04-6/04 Shippensburg, PA Melissa Muich 38 Penn Street 6/04-9/04 Shippensburg, PA Meliss Muich 45 West Creek Road 9/04-8/05 Newburg, PA 4. 5 Melissa Muich Main Street 8/05-3/6 Newburg, PA Larry and Elaine Weidman 45 West Creek Road 3/06-Present Newburg, PA The mother of the child is Melissa Muich stationed at 8925 Albemarle Drive, Norfolk, VA 23503. She is married. The father of the child is Matthew Muich, whose last known address was 195 Zion Road, Newburg, Pennsylvania 17240. He is married. The relationship of plaintiffs to the child is that of maternal grandparents and natural mother. The plaintiffs, Larry and Elaine Weidman currently reside with the following persons. Name Relationship Joel Weidman Son Katie Weidman Daughter Dakota Weidman Grandson 6 The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons. Name Relationship Unknown at this time. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiffs, Larry and Elaine Weidman have undertaken and performed the primary parental responsibilities for the child. Plaintiffs are best able to provide the care and nurture which the child needs for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiffs and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiffs desire to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. Plaintiffs continue to maintain the same family household for the child that has been maintained since birth. The Defendant has moved to Vermont to work but maintains an address in Cumberland County for residency and mailing purposes. WHEREFORE, Plaintiffs requests this Court grant primary physical and legal custody in the maternal grandparents until the natural mother is finished with her tour of duty with the United States Navy and grant the father periods of visitation as agreed upon by the parties. Date: Respectfully submitted, MAlk:6:L'.?rk- Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiffs VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Lar?y and Elaine Weidman, Plaintiffs Melissa Muich/Plaintiff _hhV V A, ?V Q C fi r= _ n s ra c-a c-? r, J cm C) `Ti --4 7TI n? ?D rn t . LARRY AND ELAINE WEIDMAN AND MELISSA MULCH PLAINTIFF V. MATTHEW MUICH DEFENDANT IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 07-730 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 16, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 16, 2007 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: /s/ ohn J. Mangan,, jr., 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 ,A f r emu, rau? e --zp, 'o" 4?p --"kv VINVMASNN?d gO. ? n ZE .C Wd OZ Sad IOOZ C.U- Oc (' A l0NU,',- OEd 3Hl J0 r Mai $7 zoos 04 LARRY AND ELAINE WEIDEMAN AND MELISSA MUICH Plaintiffs VS. MATTHEW MUICH Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-730 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this z$`day of March, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 8 1. The maternal grandparents, Larry and Elaine Weidman, the Mother, Melissa Muich and the Father, Matthew Muich, shall enjoy shared legal custody of Dakota M. Muich, born 8/30/03. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The maternal grandparents shall have primary physical custody of the Child. 3. The Mother shall enjoy periods of temporary physical custody of the Child as arranged by the parties. 4. The Father shall have periods of temporary physical custody three days per week from 6:00 pm until 8:30 pm at paternal grandparents, Nancy and Michael Muich's residence or maternal grandparents' residence. The parties agree that Father's visitation with Child may occur at alternate times as agreed upon. 5. Transportation of the Child shall be arranged between the parties. 6. Holidays with Child shall be worked out between the parties. 7. Should a party wish to take Child out of the Commonwealth of Pennsylvania, two weeks notice before said trip be given to all other parties. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. Cc: el O. Palermo, Esq. ew Muich, pro se, 129 Marco Circle, O? 6 1 : i add 8Z 8VW CQQZ A'tfVIQNOHiOHd 3,41 JO LARRY AND ELAINE WEIDEMAN AND MELISSA MUICH Plaintiffs vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-730 Civil Term MATTHEW MUICH Defendant : ACTION IN CUSTODY 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: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Dakota M. Muich, born 8/30/03, currently in the custody of maternal grandparents. 2. A Conciliation Conference was held on March 16, 2007 with the following individuals in attendance: The maternal grandparents, Larry and Elaine Weidman, with their counsel, Michael O. Palermo, Esquire The Father, Matthew Muich, did appear pro se The Mother, Melissa Muich, with her counsel, Michael O. Palermo, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date:March _4, 2007 John an, Esqui Cut dy onciliator LOWER ALLEN TOWNSHIP AUTHORITY 120 Limekiln Road New Cumberland, PA 17070 V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : CIVIL DIVISION -LAW KNIGHTS OF COLUMBUS NO. 2008-730 MLD 2317 Gettysburg Road Camp Hill, PA 17011 Registered Owner(s) MUNICIPAL LIEN DOCKET PRAECIPE TO SATISFY MUNICIPAL LIEN TO THE PROTHONOTARY: Kindly mark the above referenced Municipal Lien as satisfied. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Steve, her, Esquire Attorney I.D. No. 38901 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 (717) 724-9821 Attorneys for Plaintiff Date: September 25, 2008 C d i ? r-a } C