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Home My WebLink About08-3456JAMES A. REESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - 311151o CIVIL TERM KAREN S. MELLEMA, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, James A. Reese, by his attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, James A. Reese, is an adult individual with an address of 409 South Market Street, Apt. C., Mechanicsburg, Pennsylvania 17055. 2. The Defendant, Karen S. Mellema, is an adult individual with an address 7234 White Rock Road, Pond Bank, Chambersburg, Pennsylvania 17201. 3. The parties are the natural parents of one (1) child, namely, Joshua Andrew Reese, born June 22, 1996. 4. The Plaintiff, James A. Reese, desires that the parties have shared legal custody of the minor child, Joshua Andrew Reese. 5. The Defendant has withheld custody of the minor child from the Plaintiff since April of 2002. 6. The Defendant has refused to permit any telephone contact with the Plaintiff and his son, Joshua Andrew Reese, since January of 2008. 7. The Plaintiff, James A. Reese, desires shared legal custody of the said minor child with shared physical custody to Plaintiff, James A. Reese, as the Court determines is in the best interest of said minor child. 8. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, James A. Reese, respectfully requests that he be awarded shared physical custody and shared legal custody of Joshua Andrew Reese as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: Marc#s A. cKni t, III, Esquire Attorney tzll 60 West Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: June 5, 2008 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. AMES A. REESE Date: June 5, 2008 (V 'V 0 (D W '- I tq 4 f, N C^...!' p rao C._ c.n w c.n co 0 -n A-n F '.C JAMES A. REESE, Plaintiff/Petitioner V. KAREN S. MELLEMA, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 3 9?? CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this 5t' day of June, 2008, comes the Petitioner, James A. Reese, by his attorneys, Irwin & McKnight, and makes the following Petition for Special Relief against the Respondent, Karen S. Mellema: 1. The Petitioner is James A. Reese, an adult individual who resides at 409 South Market Street, Apt. C, Mechanicsburg, Pennsylvania 17055. 2. The Respondent is Karen S. Mellema, an adult individual who resides at 7234 White Road Road, Pond Bank, Chambersburg, Pennsylvania 17201. 3. The Petitioner and Respondent are the natural parents of one minor child, Joshua Andrew Reese, born June 22, 1996, who is eleven (11) years of age. 4. Since January of 2008, the Respondent continually refuses to allow the Petitioner to have any telephone contact with said minor child, Joshua Andrew Reese. The Petitioner also has been denied periods of visitation with his son since 2003. The Petitioner requests reasonable telephone contact and a period of temporary physical custody of said minor child pending the Custody Conciliation Conference. 2 5. The Petitioner desires reasonable telephone contact with his son of once each week which shall not be a basis for filing charges with the Pennsylvania State Police. The Petitioner also desires periods of temporary custody with his son one Saturday every other weekend pending further Order of Court. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Petitioner's special relief requests as set forth herein and grant shared legal and shared physical custody of said child to Petitioner. WHEREFORE, the Petitioner, James A. Reese, respectfully requests this Honorable Court to enter an Order indicating that Petitioner shall be granted reasonable telephone contact and temporary physical custody of the minor child, Joshua Andrew Reese, as the Court determines is in the best interest of said minor child pending the Custody Conciliation Conference. By: Date: June 5, 2008 Respectfully submitted, IRWIN III, Esquire Attornei, for 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 3 VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I 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. AMES A. REESE Date: June 5, 2008 JAMES A. REESE, Plaintiff/Respondent V. KAREN S. MELLEMA, Defendant/Respondent : IN THE COURT OF COMMON PLEAS Ov : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008- CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as follows: Karen S. Mellema 7234 White Rock Road Pond Bank Mont Alto, PA 17327 Paul M. Ferguson, Esq. Neuharth Law Offices 232 Lincoln Way East P. O. Box 359 Chambersburg, PA 172401 By: Date: June 5, 2008 IRWIN & cKNI T Mar +s A. Mc i t, III, Esq. 60 West Pomfret Slx-eet Carlisle, PA 17013 717-249-2353 Supreme Court I.D. # 70216 Attorney for the Petitioner 4 0 00 ' O <" co rl- t7° - J y q JAMES A. REESE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2008-3456 CIVIL ACTION LAW KAREN S. MELLEMA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, June 11, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 19, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be 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. 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/ ac ueline M. Verne Es q. 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 """. _"?? * ?"" 1°"? "mod 3o•?l'I VW 1440 sC Z Wd I I Nnr sooz JlMONGHiOW 3HI ?O 30U-40`091W - JAMES A. REESE, Plaintiff/Respondent V. KAREN S. MELLEMA, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 3456 CIVIL TERM CUSTODY To Plaintiff/Respondent: NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Paul M. Ferguson Supreme Ct. No.: 203293 Attorney for Defendant/Petitioner Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 JAMES A. REESE, PlaintiffJRespondent V. KAREN S. MELLEMA, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 3456 CIVIL TERM CUSTODY ORDER OF COURT AND NOW, this day of , 2008, upon consideration of the within Defendant's Preliminary Objections to Plaintiffs Complaint for Custody and Petition for Special Relief, IT IS HEREBY ORDERED, that the Plaintiff s Complaint for Custody and Petition for Special Relief are dismissed. By the Court, J. JAMES A. REESE, Plaintiff/Respondent V. KAREN S. MELLEMA, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 3456 CIVIL TERM CUSTODY PRELINUNARY OBJECTIONS TO PLAINTIFF'S COMPLAINT FOR CUSTODY AND PETITION FOR SPECIAL RELIEF AND NOW comes Defendant, Karen S. Mellema, by and through her attorneys, the Neuharth Law Offices, who files these Preliminary Objections to Plaintiff's Complaint for Custody and Petition for Special Relief and in support avers the following: 1. On June 5, 2008, Plaintiff filed a Complaint for Custody in the Court of Common Pleas of Cumberland County, Pennsylvania. On the same day, Plaintiff also filed a Petition for Special Relief in the same matter. 2. In the complaint, Plaintiff seeks shared legal custody and shared physical custody of the parties' child, Joshua Andrew Reese, born June 22, 1996. 3. On February 6, 2008, Plaintiff filed a Complaint for Custody and a Petition for Special Relief in the Court of Common Pleas of Cumberland County, Pennsylvania regarding the same child. Plaintiff sought the same relief that he seeks presently. 4. On February 23, 2005, Plaintiff filed a Complaint for Custody in Franklin County, Pennsylvania regarding the same child. At the time Plaintiff filed his first Complaint for Custody in Cumberland County, this matter remained open. 5. On February 26, 2008, Defendant, Karen S. Mellema, filed Preliminary Objections to Plaintiff's Complaint for Custody and Petition for Special Relief. Essentially, Defendant raised the same objections in that matter as she does in the current matter. 6. On May 1, 2008, Plaintiff withdrew the custody action filed on February 6, 2008. Plaintiff anticipated that the parties would reach an agreement to resolve the custody matter; the parties were unable to reach such an agreement. 7. On June 9, 2008, Plaintiff withdrew the Complaint for Custody in Franklin County. 8. Plaintiff's June 5, 2008 Complaint for Custody failed to substantially follow the form set forth in Pennsylvania Rule of Civil Procedure 1915.15(a). Specifically, Plaintiff failed to state where the child resides currently and where the child has resided in the past five years. Plaintiff's initial custody complaint in Cumberland County also failed to do so. 9. Pennsylvania Rule of Civil Procedure 1915.2 provides the requirements for the proper venue in which to bring a custody action. The Court of Common Pleas for Cumberland County, Pennsylvania is an improper venue for the above-referenced matter as it does not meet the requirements of Rule 1915.2 for the following reasons: a. Cumberland County is not the home county of the child and has never been the home county of the child. The child was born in Franklin County, Pennsylvania and has resided with Defendant in Franklin County, Pennsylvania his entire life. Furthermore, the child has never lived in Cumberland County, Pennsylvania. b. It is not in the best interest of the child that the Court decide this matter in Cumberland County. The child and Defendant do not have a significant connection with Cumberland County, and there is no substantial evidence within Cumberland County concerning the child's present or future care, protection, training and personal relationships. C. The child is not physically present in Cumberland County, the child has not been abandoned and an emergency necessitating the child's protection does not exist. d. Venue is proper in Franklin County in accordance with Rule 1915.2(a)(1) and (2). Franklin County is the child's home county. Furthermore, it is in the best interest of the child that the Court in Franklin County decide the matter because the child and his mother have a significant connection with the county, and substantial evidence concerning the child's present or future care, protection, training and personal relationships exists in Franklin County. 10. PlaintifflRespondent is represented by Marcus A. McKnight, III, Esquire, of Irwin & McKnight. A copy of these Preliminary Objections to Plaintiffs Complaint for Custody and Petition for Special Relief will be served, via First Class U.S. Mail, on Attorney McKnight's office, at the West Pomfret Street Professional Building, 60 West Pomfret Street, Carlisle, Pennsylvania 17103. WHEREFORE, Defendant, Karen S. Mellema, respectfully requests this Honorable Court dismiss Plaintiffs Complaint for Custody and Petition for Special Relief because Cumberland County, Pennsylvania is an improper venue, as defined by Pennsylvania Rule of Civil Procedure 1915.2. Respectfully Submitted, Paul M. Ferguson Supreme Ct. No.: 203293 Attorney for Defendant/Petitioner Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. 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. h -Id -o 'g' - '. . , ;W Date Karen S. Mellema JAMES A. REESE, Plaintiff/Respondent V. KAREN S. MELLEMA, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 3456 CIVIL TERM CUSTODY CERTIFICATION OF SERVICE I, Paul M. Ferguson, hereby certify that I am on this day serving a true and correct copy of the attached Defendant's Preliminary Objections to Plaintiff s Complaint for Custody and Petition for Special Relief to the following individual by First Class U.S. mail, postage prepaid addressed as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 X6'/308 D e Respectfully submitted, Paul M. Ferguson Supreme Ct. No.: 203293 Attorney for Defendant/Petitioner Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 nc: } JAMES A. REESE, Plaintiff/Respondent V. KAREN S. MELLEMA, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 3456 CIVIL TERM IN CUSTODY ANSWER TO PRELIMINARY OBJECTIONS AND NOW, this 11d' day of July, 2008, comes the Plaintiff/Respondent, James A. Reese, by his attorneys, Irwin & McKnight, and makes the following Answers to the Preliminary Objections of the Defendant/Petitioner, Karen S. Mellema: 1. The averments of fact contained in paragraph one (1) of the Preliminary Objections is admitted. 2. The averments of fact contained in paragraph two (2) of the Preliminary Objections is admitted 3. The averments of fact contained in paragraph three (3) of the Preliminary Objections is admitted 4. The averments of fact contained in paragraph four (4) of the Preliminary Objections is admitted 5. The averments of fact contained in paragraph five (5) of the Preliminary Objections is admitted 1 6. The averments of fact contained in paragraph six (6) of the Preliminary Objections are admitted in part and denied in part. It is admitted that the withdrawal of custody action. It is denied that the Plaintiff anticipated reaching an agreement. The parties had reached an agreement which the Defendant refused to implement. The Defendant seeks no contact by the father with his son but refuses to give up the child support the father continues to pay. 7. The averments of fact contained in paragraph seven (7) of the Preliminary Objections is admitted. 8. The averments of fact contained in paragraph eight (8) of the Preliminary Objections is admitted. It is admitted that for the past five (5) years, the son has resided with the Defendant at 7234 White Rock Road, Pond Bank, Chambersburg, Pennsylvania 17201. 9. The averments of fact contained in paragraph nine (9) of the Preliminary Objections are specifically denied as follows: A. Cumberland County has jurisdiction of the case. B. The Defendant has cut off the Plaintiff/Respondent from all contact with his son, Joshua Andrew Reese, now twelve (12) years of age. She has prohibited telephone contact, calling state police if the Plaintiff even attempts to speak to his son. She has prohibited any physical contact between the Plaintiff and his son. 2 C. Throughout this period, the Defendant has maintained a support action in Cumberland County at PASCES Case Number 946100318 and docketed at 1006 S 2007 at which the Plaintiff has been paying regular monthly support. All hearings and enforcement of the Order have occurred in Cumberland County. D. But for the Defendant's interference in the relationship between the father and his son, Cumberland County would meet all the criteria of venue which Franklin County currently enjoys. The Defendant is able to actively participate in any proceeds as she has done in the support case. 10. The averments of fact contained in paragraph admitted (10) of the Preliminary Objections is admitted. WHEREFORE, the Plaintiff/Respondent, James A. Reese, respectfully requests this Honorable Court to dismiss the Preliminary Objections of the Defendant/Petitioner and schedule a Custody Conciliation Conference in this case with Jacqueline M. Verney, Esq., the appointed Custody Conciliator. By: Date: July 11, 2008 Respectfully submitted, IRWIN & McKNIGHT A. Mc ig I, Esquire for P titioner 60 West Pom t Stree7 Carlisle, Pennsy s 3-3222 717-249-2353 Supreme Court I.D. No: 25476 3 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. AAM '?- ;6'?' - ES A. REESE Date: July 11, 2008 JAMES A. REESE, Plaintiff/Respondent V. KAREN S. MELLEMA, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 3456 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as follows: Paul M. Ferguson, Esq. Neuharth Law Offices 232 Lincoln Way East P. O. Box 359 Chambersburg, PA 172401 Date: July 11, 2008 By. 4 IRWIN & McKNIGHT 60 West Pomfret Strut- J Carlisle, PA 17013 717-249-2353 Supreme Court I.D. # 70216 Attorney for the Petitioner n r.' -T? C7" C? O r? 1 :J _i -C PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) --------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) JAMES A. REESE, PLAINTIFF vs. KAREN S. MELLEMA, DEFENDANT No.2008-3456 , Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): DEFENDANT'S PRELIMINARY OBJECTIONS 2. Identify all counsel who will argue cases: (a) for plaintiffs: MARCUS A. McKNIGHT, III, ESQ. IRWIN & McKNIGHT (Name and Address) 60 WEST HIGH STREET CARLISLE, PA 17013 (b) for defendants: PAUL M. FERGUSON, ESQ. P. 0. BOX 359 (Name and Address 232 LINCOLN WAY EA 2T CHAMBERSBURG, PA 17201 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Sign MARCUS A. McKNIGHT, III, ESQ. Print your name JAMES A. REESE, PLAINTIFF Attorney for Date: JULY 11, 2008 INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ? O ? ??.? ? ? .,r.. ? ??± .... r??i ,y ? ? p l? JAMES A. REESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 08-3456 CIVIL KAREN S. MELLEMA, Defendant IN CUSTODY IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS OLER AND EBERT J.J. ORDER AND NOW, this Eo day of September, 2008, the preliminary objection of the defendant to the plaintiff's complaint for custody is SUSTAINED. It is directed that this custody case be transferred to Franklin County, Pennsylvania. The Prothonotary is directed to effect said transfer upon payment of any costs and/or fees by the petitioner. /Marcus A. McKnight, III, Esquire For the Plaintiff ? Paul M. Ferguson, Esquire For the Defendant Am C 'es r 'LL OF I -nat BY THE COURT, Kevin. Hess, J. (,4 i-i ce) r,. JAMES A. REESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 08-3456 CIVIL KAREN S. MELLEMA, Defendant IN CUSTODY IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS OLER AND EBERT J.J. ORDER AND NOW, this 10 day of September, 2008, the preliminary objection of the defendant to the plaintiff's complaint for custody is SUSTAINED. It is directed that this custody case be transferred to Franklin County, Pennsylvania. The Prothonotary is dir ted to effect said transfer upon payment of any costs and/or fees by the petitioner. q/ BY THE COURT, o? /Marcus A. McKnight, III, Esquire For the Plaintiff Paul M. Ferguson, Esquire For the Defendant :rlm 1-4T es ?ri?.l Kevin .Hess, J. JUL 1 2 2010 JAMES A. REESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAIA ,_ C= V. : NO. 2008-3456 CIVIL ACTION - LAS c ={ _. r C__ 11 , rn - KAREN S. MELLEMA, A Defendant : IN CUSTODY ^ t... f ;-; ORDER OF COURT AND NOW, this 9`h day of July, 2010, having no contact with the parties for more than ninety days to request another Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, 41acq&line M. Verney, Esquire, Cu ody Conciliator