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HomeMy WebLinkAbout15-0325 MARK K. MELUSKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2015 - CIVIL TERM r, I CARRIE M. MELUSKEY, CIVIL ACTION-LAW n - Defendant CUSTODY COMPLAINT -; X_ 1. Plaintiff is Mark K. Meluskey, an adult individual who currently resides at 125 E. Springville Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant is Carrie M. Meluskey, an adult individual who resides at 169 West North Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties are the parents one minor child, namely, Loralei Meluskey, born May 22, 2009. The child was born in wedlock. The child is presently in the custody of Defendant. During the past two years, the child has resided with the following persons at the following addresses: Persons Residences Dates Mark K. Meluskey 125 E. Springville Rd. 2012 to Carrie M. Meluskey Boiling Springs, PA 17007 9/11/2014 Carrie M. Meluskey 125 E. Springville Rd. 9/11/2014 to Boiling Springs, PA 17007 11/28/2014 Carrie M. Meluskey 169 W. North Street 11/28/2014 to Carlisle, PA 17013 Current The natural father of the child is Mark K. Meluskey, currently residing at 125 E. a/9-0 pw � /�_ 9a,9 Springville Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. He is married to the Defendant. The natural mother of the child is Carrie M. Meluskey, currently residing at 169 W. North Street, Carlisle, Cumberland County, Pennsylvania, 17013. She is married to the Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Names Relationship 5. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: Names Relationship Nicholas Kowalski Son Loralei Meluskey Daughter 6. 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 or any other state. 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. 7. The best interest and permanent welfare of the child will be served by the entry of a custody order in this matter. 8. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none WHEREFORE, Plaintiff requests your Honorable Court to grant him shared legal and physical custody of the child. Respectfully submitted, BARIC & SCHERER Mich el . Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Custody Complaint 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: t�- Ma K. Meluskey CRIMINAL RECORD/ABUSE I3ISTORY VERIFICATION r�c AN 16 Pit 2 IMAY AY k.OA61 tj Hereby swear or affirm, subject of penalties of law including PENNS Yi VA NJi i 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to the crime below, neither I nor any other member of my household have been convicted or pled guilty or plead no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Date of conviction, guilty plea,no Other contest plea, Check all that household or pending Apply Crime(or related crime) Self member charges Sentence 18 Pa.C.S. Ch. 25 (relating to El criminal homicide) ❑ ❑ ❑ 18 Pa.C.S. §2702 (relating to ❑ ❑ aggravated assault) ❑ 18 Pa.C.S. §2706(relating to ❑ ❑ terroristic threats) ❑ 18 Pa.C.S. §2709.1 (relating to ❑ ❑ stalking) ❑ 18 Pa.C.S. §2901 (relating to ❑ ❑ kidnapping) ❑ 18 Pa.C.S. §2902(relating to ❑ ❑ unlawful restraint) ❑ 18 Pa.C.S. §2903 (relating to false ❑ ❑ imprisonment) 18 Pa.C.S. §2910(relating to ❑ luring a child into a motor vehicle ❑ ❑ or structure) ❑ 18 Pa.C.S. §3121(relating to rape) ❑ ❑ ❑ 18 Pa.C.S. §3122.1(relating to ❑ ❑ statutory sexual assault) 18 Pa.C.S. §3123(relating to ❑ involuntary deviate sexual ❑ ❑ intercourse) Date of conviction, guilty plea,no Other contest plea, Check all that household or pending Apply Crime(or related crime) Self member charges Sentence ❑ 18 Pa.C.S. §3124.1(relating to ❑ ❑ sexual assault) ❑ 18 Pa.C.S. §3125(relating to ❑ ❑ aggravated indecent assault) ❑ 18 Pa.C.S. §3126(relating to ❑ ❑ indecent assault) ❑ 18 Pa.C.S. §3127(relating to ❑ ❑ indecent exposure) ❑ 18 Pa.C.S. §3129(relating to sexual ❑ ❑ intercourse with animals) ❑ 18 Pa.C.S. §3130(relating to ❑ ❑ conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301(relating to arson ❑ ❑ and relating offenses) ❑ 18 Pa.C.S. §4302(relating to ❑ ❑ incest) ❑ 18 Pa.C.S. §4303 (relating to ❑ ❑ concealing death of children) ❑ 18 Pa.C.S. §4304(relating to ❑ ❑ endangering welfare of children) ❑ 18 Pa.C.S. §4305 (relating to ❑ ❑ dealing in infant children) ❑ 18 Pa.C.S. §5902(b)(relating to ❑ ❑ prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c)or(d)(relating ❑ ❑ to obscene and other sexual material and performances) ❑ 18 Pa.C.S. §6301 (relating to ❑ ❑ corruption of minors) El sexual Pa.C.S. §6312(relating to 11 El abuse of children) ❑ 18 Pa.C.S. §6318 (relating to ❑ ❑ unlawful contact with minors) n Date of conviction, guilty plea,no Other contest plea, Cheek all that household or pending Apply Crime(or related crime) Self member .. charges Sentence ❑ 18 Pa.C.S. §6320(relating to sexual ❑ ❑ exploitation of children) 18 Pa.C.S. §6114(relating to ❑ contempt for violation of ❑ ❑ protection order or agreement) Driving under the influence of El drugs or alcohol ❑ ❑ Manufacture, sale, delivery, ❑ holding, offering for sale or ❑ ❑ possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: A finding of abuse by Children& ❑ Youth Agency or similar agency in ❑ ❑ Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under ❑ the Protection from Abuse Act in ❑ ❑ Pennsylvania or similar statute in another jurisdiction Other: ❑ ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history,please explain: I verify that the information above is true and correct to the best of my knowledge, information or 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. MARK K. MELUSKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2015 - 0 0 X25 , CARRIE M. MELUSKEY, CIVIL ACTION-LAW Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF Y U' PURSUANT TO PA.R.C.P. 1915.13 AND NOW, comes the Plaintiff, Mark K. Meluskey, by and through his attorneys, Baric Scherer, and respectfully represents as follows: 1. The Petitioner is Mark K. Meluskey (hereinafter"Father"), an adult individual who is represented in this matter by Michael A. Scherer, Esquire. Father resides at 125 E. Springville Road, Boiling Springs, Pennsylvania, 17007. 2. The Respondent is Carrie M. Meluskey(hereinafter"Mother"), an adult individual who resides at 169 W. North Street, Carlisle, Pennsylvania, 17013. 3. The parties are the parents of one minor child: Loralei Meluskey, born May 22, 2009. 4. There is no custody Order governing the custody of the child. 5. The parties are husband and wife, who resided together in the marital residence located at 125 E. Springville Road, Boiling Springs, Pennsylvania 17007 until September 11, 2014. 6. Father now resides in the marital residence, which is in the South Middleton School District. 7. During the marriage, the child has attended the Rice Elementary School in the South Middleton School District. 8. Mother now resides in Carlisle which is in the Carlisle School District: �2J 3G 00 3i��3� 9. Mother has taken action to change the child's school to the Carlisle School District. Recently mother has stated that she will allow the child to remain at Rice Elementary School for the duration of the current school year. 10. Mother has had primary physical custody, however, Father has had daily contact with the child and puts the child on the school bus each morning and eats lunch with the child several days per week at Rice Elementary. 11. Father wants to ensure the status quo is maintained with respect to the child's schooling and father believes that, under the circumstances of the parties' recent separation, a change in school for the child would be very harmful to her. 12. Mother is not represented by counsel in this matter. 13. Mother has indicated to father that she does not oppose allowing the child to continue at Rice for the duration of this school year. 14. Undersigned counsel believes that if an Order is entered maintaining the status quo on schooling, that the parties can proceed to conciliation and resolve a more permanent arrangement for schooling. 15. No judge has been assigned to this case. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order directing that the child remain registered at Rice Elementary in the South Middleton School District pending a conciliation in this matter. Respectfully submitted, BARIC SCHERER Date: IA-Alml Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 ID#61974 VERIFICATION I verify that the statements in the foregoing Petition to Modify Custody 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: I—I l 'C' M K. Meluskey CERTIFICATE OF SERVICE I hereby certify that ons ��� , 2015, I, Lauren McVaugh, secretary at Baric Scherer, did serve a copy of the oition for Special Relief, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Carrie M. Meluskey 169 W. North Street Carlisle, Pennsylvania 17013 a wk Lauren McV ugh ©/5 0903;. CRIMINAL RECORD/ABUSE HISTORY VERIFICATION 3115 11 5 �y 31 1 a tJ A V 1!f b P'i E_�� � V � Baa 6 I,MAY K.W e6Us j Hereby swear or affirm, subject of penalties of law including i J 1� i 1 VA y i A 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to the crime below,neither I nor any other member of my household have been convicted or pled guilty or plead no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act,42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction,including pending charges: Date of conviction, guilty plea,no Other contest plea, Check all that household or pending Apply Crime(or related crime) Self member charges Sentence ❑ 18 Pa.C.S. Ch. 25 (relating to ❑ ❑ criminal homicide) ❑ 18 Pa.C.S. §2702(relating to ❑ ❑ aggravated assault) ❑ 18 Pa.C.S. §2706 (relating to ❑ ❑ terroristic threats) ❑ 18 Pa.C.S. §2709.1 (relating to ❑ ❑ stalking) ❑ 18 Pa.C.S. §2901 (relating to ❑ ❑ kidnapping) ❑ 18 Pa.C.S. §2902(relating to ❑ ❑ unlawful restraint) ❑ 18 Pa.C.S. §2903 (relating to false ❑ ❑ imprisonment) 18 Pa.C.S. §2910 (relating to ❑ luring a child into a motor vehicle El El or structure) ❑ 18 Pa.C.S. §3121(relating to rape) ❑ ❑ El statutory Pa.C.S. §3122.1(relating to El El statutory sexual assault) 18 Pa.C.S. §3123(relating to El involuntary deviate sexual ❑ El intercourse) _..._._._. .._ c. vw Date of conviction, guilty plea,no Other contest plea, Check all that household or pending Apply Crime(or related crime) Self .member charges Sentence 18 Pa.C.S. §3124.1(relating to El ❑ ❑ sexual assault) ❑ 18 Pa.C.S. §3125(relating to ❑ ❑ aggravated indecent assault) ❑ 18 Pa.C.S. §3126(relating to ❑ ❑ indecent assault) ❑ 18 Pa.C.S. §3127(relating to ❑ ❑ indecent exposure) 18 Pa.C.S. §3129(relating to sexual El ❑ ❑ intercourse with animals) ❑ 18 Pa.C.S. §3130(relating to ❑ ❑ conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301(relating to arson ❑ El and relating offenses) ❑ 18 Pa.C.S. §4302(relating to ❑ ❑ incest) ❑ 18 Pa.C.S. §4303 (relating to ❑ ❑ concealing death of children) ❑ 18 Pa.C.S. §4304(relating to ❑ ❑ endangering welfare of children) ❑ 18 Pa.C.S: §4305 (relating to ❑ ❑ dealing in infant children) ❑ 18 Pa.C.S. §5902(b) (relating to ❑ ❑ prostitution and related offenses) 18 Pa.C.S. §5903(c)or(d) (relating ❑ ❑ ❑ to obscene and other sexual material and performances) El corruption Pa.C.S. §6301 (relating to El El corruption of minors) 18 Pa.C.S. §6312 (relating to El❑ El sexual abuse of children) ❑ 18 Pa.C.S. §6318 (relating to ❑ ❑ unlawful contact with minors) Date of conviction, guilty plea,no Other contest plea, Check all that household or pending Apply Crime(or related crime) Self member charges Sentence ❑ 18 Pa.C.S. §6320(relating to sexual ❑ ❑ exploitation of children) 18 Pa.C.S. §6114(relating to ❑ contempt for violation of ❑ ❑ protection order or agreement) Driving under the influence of ❑ drugs or alcohol El El Manufacture, sale, delivery, ❑ holding,offering for sale or ❑ ❑ possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: A finding of abuse by Children& ❑ Youth Agency or similar agency in ❑ ❑ Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under ❑ the Protection from Abuse Act in ❑ ❑ Pennsylvania or similar statute in another jurisdiction Other: ❑ ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: ;r 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history,please explain: I verify that the information above is true and correct to the best of my knowledge, information or 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. ,PA