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HomeMy WebLinkAbout08-6042T JAMES MISCOVICH, Plaintiff V. MELISSA MISCOVICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE TO 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 prompt 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. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 ASSOCL47YON 32 SO UTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 JAMES MISCOVICH, Plaintiff V. MELISSA MISCOVICH, Defendarit IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.6 F- G u 4.z CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT 1. Plaintiff is James Miscovich, who currently resides at 448 Shed Road, Newville Cumberland County, Pennsylvania since August 2006. 2. Defendant is Melissa Miscovich, who currently resides in a mental health facility in West Virginia; however, it is believed and averred that upon her release she will reside with her parents at R.D. 4, Box 242, Moundsville, West Virginia. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 13, 2001 at Mt. Holly Springs, Cumberland, Pennsylvania. COUNT I DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301(c) and 3301(d), in that: a. The marriage is irretrievable broken. b. Plaintiff and Defendant have lived separate and apart since July 3, 2008 and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - CUSTODY 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. The Plaintiff seeks custody of the following child: Name Address Dane Michael Miscovich R. D. 4, Box 242 Moundsville, WV 12. The child was born during wedlock. DOB February 15, 2006 13. The child is presently in the primary custody of Father; however, due to Father's work schedule, the child is staying with his maternal grandparents at R. D. 4, Box 242, Moundsville, West Virginia. 14. During the child's lifetime, he has resided with the following persons and at the following addresses: Name James and Melissa Miscovich Don and Vicki Terrill Address 448 Shed Road, Newville, PA RD 4, Box Moundsville, WV Date Birth - 07/03/08 242, 07/03/08 - Present 15. The mother of the child is Melissa Miscovich, who currently resides in a mental health facility in West Virginia; however, it is believed and averred that upon her release she will reside with her parents at R.D. 4, Box 242, Moundsville, West Virginia. 16. The father of the child is James Miscovich, who currently resides at 448 Shed Road, Newville, Cumberland County, Pennsylvania. 17. The mother and father of the child are currently married, but separated. 18. The relationship of Plaintiff to the child is that of Father. 19. The relationship of Defendant to the child is that of Mother. 20. The Plaintiff currently resides alone. 21. The Defendant currently resides in a mental health facility in West Virginia, but it is anticipated that she will be residing with her parents upon her release. 22. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this court. 23. The 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. 24. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Father has been a primary caregiver of the minor child since his birth. He has: i.Planned and prepared meals; ii.Bathed, groomed and dressed the child; iii.Purchased, cleaned and cared for the child's clothing; iv.Arranged medical care, including trips to physicians; v.Arranged alternative daycare; vi.Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with his Father. C. Father is able to provide a stable environment for the child, not only when the child is in his exclusive care but also by utilizing grandparents to assist with childcare when Father's work schedule requires. d. Mother has substance abuse and mental health concerns, and it is believed that Mother should not have unsupervised contact with the child. e. Mother is presently residing in a mental health facility in West Virginia and is unable to exercise custody of the child. 25. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that This Honorable Court grant the following relief: a. Grant primary physical custody of the child to the Father; b. Grant Mother and Father shared legal custody of the child; c. Grant Mother supervised partial physical custody; and, d. Any such other relief as the Court deems appropriate. Respectfully submitted, ABom&Ku=A"s, L.L.P. DAB ID Da 0 I°?1?-?- I? Kara W. Haggerty, EsLT / ? ID No. 86914 U 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, James N iscovich, verify that the statements made in this Divorce and Custody Complaint 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. § 4904 relating to unsworn falsification to authorities. Date 9 I ?`? ?O? 1 COVICH O 9 v- r co CD -4 •-G JAMES MISCOVICH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA MISCOVICH DEFENDANT 2008-6042 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 15, 2008 , 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 Thursday, November 20, 2008 at 10:00 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 hearinLy. FOR THE COURT. By: /s/ John J. Man an, -1 Esq. „„/I Custody Conciliator i 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 c ?Z! d SS1130 98oz Adviurbu; ,s b,j 3}-I.i. 3C) ABOM & KuTUiaxis Kara W. Haggerty, Esquire Attomey I.D. #: 86914 36 South I Ianover Street Carlisle, PA 17013 (717) 249-0900 JAMES MISCOVICH V. MELISSA MISCOVICH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 08-6042 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW AND DISCONTINUE TO THE PROTHONOTARY: Please withdraw and dismiss Plaintiff's Divorce and Custody Complaint in the above- captioned matter. Respectfully submitted, ABOM & KUT ULAKIS, L.L.P. Date: I D I (/?' Kara W. Haggerty, Es 36 South Hanover Str Carlisle, PA 17013 (717) 249-0900 Attorney ID 86914 Attorney for Plaint J t a; q 55 E rn