Loading...
HomeMy WebLinkAbout04-5199THOMAS J. MEASE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER: t~- ..~/q~ _ ~', SUSAN L. MEASE, : Defendant : CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, THOMAS J. MEASE, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is THOMAS J. MEASE, who currently resides at 1906 Colonial Road, Harrisburg, County of Dauphin, Pennsylvania. 2. Defendant is SUSAN L. MEASE, who currently resides at 617 Wayne Drive, Mechanicsburg, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of primary physical and legal custody with respect to ASHLEY JENNIFER MEASE, born November 22, 1991. The child was not born out of wedlock. The child is presently in the custody of Defendant's older daughter, Jessica, age 22. During the past five years, the child has resided with the following persons and at the following addresses: from October, 1999, until September, 2000, with Plaintiff and Defendant at 1110 Cocklin Street, Mechanicsburg, Pennsylvania; from September, 2000, until October, 2004, with Defendant at 617 Wayne Drive, Mechanicsburg, Pennsylvania; from October, 2004, until the present with Defendant's older daughter at 617 Wayne Drive, Mechanicsburg, Pennsylvania. The mother of the child is SUSAN L. MEASE, who currently resides at 617 Wayne Drive, Harrisburg, Pennsylvania. She is divorced. Susan L. Mease is currently an inmate in the Cumberland County, Prison. The father of the child is THOMAS J. MEASE, who currently resides at 1906 Colonial Road, Harrisburg, Pennsylvania. He is divorced. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the child is that of mother. She currently resides with the child and with her daughter, Jessica, age 22, and her sister, Deborah Graham. 6. 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 or in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who claims to have custody or visitation fights with respect to the child. 7. The best interest and permanent welfare of the child will be served by confirming rights of primary physical and legal custody in Plaintiff because Defendant is currently incarcerated in the Cumberland County Prison. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of primary physical and legal custody in Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717} 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint are true and correct. 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. DATE THOMAS J. MEASE, Plaintiff VS. SUSAN L. MEASE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER: (pq--.q'/gq : CUSTODY MOTION FOR EMERGENCY CUSTODY RELIEF NOW COMES the Plaintiff, THOMAS d. MEASE, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is THOMAS d. MEASE, who currently resides at 1906 Colonial Road, Harrisburg, County of Dauphin, Pennsylvania. 2. Defendant is SUSAN L. MEASE, who currently resides at 617 Wayne Drive, Mechanicsburg, County of Cumberland, Pennsylvania. She is presently incarcerated in Cumberland County Prison. 3. Plaintiff seeks to have rights of primary physical and legal custody with respect to ASHLEY ,JENNIFER MEASE, born November 22, 1991. Plaintiff has filed a Complaint for Custody simultaneously with the filing of this Motion. 4. The child is presently in the custody of Defendant's older daughter, dessica Colebaugh, age 22. Both girls reside in their mother's home. 5. Plaintiff talked with dessica Colebaugh on October 15, 2004, and dessica informed Plaintiff that she plans to leave Defendant's home immediately, which will leave the minor child with no supervision. 6. Jessica has further learned that Defendant's release date from prison is on or about November 4, 2004. Jessica has advised Plaintiff that Defendant has friends in the State of Florida, and Defendant plans to relocate with the child to Florida upon her release. 7. Defendant and the child have relocated to Florida for brief periods of time (up to approximately two months' time) during the past two years. 8. Defendant receives disability income, and is not in need of employment to support herself and the child. 9. The best interest and permanent welfare of the child will be served by confirming rights of primary physical and legal custody in Plaintiff because Defendant is currently incarcerated in the Cumberland County Prison and Plaintiff can better care for the welfare of the child. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of primary physical and legal custody in Plaintiff until further Order of Court. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Motion are true and correct. 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. DATE '~ THOMAS J. MEASE, Plaintiff VS. SUSAN L. MEASE, Defendant MOTION FOR EMERGENCY CUSTODY RELIEF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER: C~)q--.~'/gq ~j, : : CUSTODY NOW COMES the Plaintiff, THOMAS J. MEASE, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is THOMAS J. MEASE, who currently resides at 1906 Colonial Road, Harrisburg, County of Dauphin, Pennsylvania. 2. Defendant is SUSAN L. MEASE, who currently resides at 617 Wayne Drive, Mechanicsburg, County of Cumberland, Pennsylvania. She is presently incarcerated in Cumberland County Prison. 3. Plaintiff seeks to have rights of primary physical and legal custody with respect to ASHLEY JENNIFER MEASE, born November 22, 1991. Plaintiff has filed a Complaint for Custody simultaneously with the filing of this Motion. 4. The child is presently in the custody of Defendant's older daughter, Jessica Colebaugh, age 22. Both girls reside in their mother's home. 5. Plaintiff talked with Jessica Colebaugh on October 15, 2004, and Jessica informed Plaintiff that she plans to leave Del~sndant's home immediately, which will leave the minor child with no supervision. 6. Jessica has further learned that Defendant's release date from prison is on or about November 4, 2004. Jessica has advised Plaintiff that Defendant has friends in the State of Florida, and Defendant plans to relocate with the child to Florida upon her release. 7. Defendant and the child have relocated to Florida for brief periods of time (up to approximately two months' time) during the past two years. 8. Defendant receives disability income, and ils not in need of employment to support herself and the child. 9. The best interest and permanent welfare of the child will be served by confirming rights of primary physical and legal custody in Plaintiff because Defendant is currently incarcerated in the Cumberland County Prison and Plaintiff can better care for the welfare of the child. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of primary physical and legal custody in Plaintiff until further Order of Court. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsific:a~on to authorities. THOMAS J. MEASE, Plaintiff VS, SUSAN L. MEASE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -- LAW : NUMBER: _/~'V ' .C199 : CUSTODY ORDER AND NOW, this Z/, ~ day of ~c~'/4~- ,2004, upon consideration of the within Motion for Emergency Custody Relief, IT IS HEREBY ORDERED that primary physical and legal custody of ASHLEY JENNIFER MEASE, born November 22, 19991, shall be and remain in Plaintiff, THOMAS J. MEASE, until further Order of this Court. BY THE COURT: THOMAS J. MEASE PLAINTIFF V. SUSAN L. MEASE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-5199 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 26, 2004 , 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, Mechanicsburg, PA 17055 on Tuesday, November 23, 2004 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. All children age five or older ma,/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/ Davea 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 170 l 3 Telephone (717) 249-3166 DEC 0 3 2004f" THOMAS J. MEASE Plaintiff VS. SUSAN L. MEASE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5199 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this ~" day of ~e..~.,..J/~ , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 26, 2004 shall continue in effect, although, on a trial basis, the Child shall live with the Mother while continuing to attend the Linglestown Middle School to the end of the current marking period· Thereafter, the Child shall be re-enrolled in the Mechanicsburg School District unless otherwise agreed. During the trial period the Child shall be with the Father on alternating weekends beginning December 3, 2004 and at any other times as arranged by agreement between the parties. While the Child is attending the Linglestown Middle School, the Mother shall provide transportation, through another responsible adult, for the Child to school in the morning and from the Father's residence after school in the afternoon. 2. Counsel for either party or a party pro se may contact the conciliator in January 2005 to schedule an expedited conciliation conference prior to the expiration of the October 26, 2004 Order on February 1, 2005. 3. Unless otherwise agreed between the parties or as a result of concerns addressed at an additional conciliation conference in January, 2005, the Order ofth~s Court dated October 26, 2004 shall expire and the following provisions regarding the custodial arrangements shall become effective as of February 1, 2005: The Father, Thomas J. Mease, and the Mother, Susan L. Mease, shall have shared legal custody of Ashley Jennifer Mease, bom November 22, 1'991 .Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. B. The Mother shall have primary physical custody of the Child. D. The parties shall share or altemate having custody of the Child on holidays as arranged by agreement. E. The Child shall be enrolled in the Mechanicsburg School District unless otherwise agreed between the parties. 4. 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: I,~arles E. Petrie, Esquire - Counsel for Father ~uusan L. Mease, Mother BY THE COURT, /~in A. Hess J. THOMAS J. MEASE Plaintiff VS. SUSAN L. MEASE Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5199 CIVIL TERM IN CUSTODY Prior Judge: Kevin A. Hess 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 Child who :is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ashley Jennifer Mease November 22, 1991 Father 2. A conciliation conference was held on November 30, 2004, with the following individuals in attendance: The Father, Thomas J. Mease, with his counsel, Charles E. Petrie, Esquire, and the Mother, Susan L. Mease, who was not represented by counsel at the conference. 3. The parties agreed to entry of an Order in the form as attached. Custody Conciliator