Loading...
HomeMy WebLinkAbout01-5380FALASHIA MELIUS, Plaintiff DOUGLAS A. MELIUS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-~ CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Falashia Melius, an adult individual who resides at 10805 Carlisle Pike, Gardners, Cumberland County, Pennsylvania 17324. 2. The Respondent is Douglas A. Melius, an adult individual who resides at P.O. Box 227 Station Road, Twin Peaks, Cambria County, Pennsylvania 19560. 3. The Plaintiff is the natural Mother of two minor children, Brianna Hope Melius, born October 28, 1996: and Douglas Dalton Melius, born May 30, 1998. 5. following addresses for the following lengths of time: The children were born in wedlock. For the past five years, the children have resided with the following persons at the NAME Douglas Melius Yvonne Melius ADDRESS P.O. Box 277 Station Road Twin Rocks, PA 203 Southside Drive Newville, PA married. 7. married. Falashia Melius Douglas Melius DATES August 16, 2001 to present Birth to August 16, 2001 The natural Mother of the children is the Plaintiff; who resides as foresaid. She is The natural Father of the children is the Defendant, who resides as foresaid. He is 8. The relationship of the Defendant to the children is that of natural Father. It is believed that the Defendant currently resides with the children at issue and his mother. 9. The relationship of the Plaintiff to the children is that of natural Mother. The Plaintiff currently resides with her mother and father. I 0. Contemporaneously with the filing of this Complaint for Custody a Petition for Emergency Relief was filed by the Plaintiff; other than that pending action, the Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the children will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable enviromnent to foster the children's well being. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, the Plaintiff, Falashia Melius, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Date: Respectfully submitted, , squire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 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.C.S. § 4904, relating to unsworn falsification to authorities. FALASHIA MELIUS, Plaintiff FALASHIA MELIUS, Plaintiff DOUGLAS A. MELIUS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-,.973 ~t4 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Plaintiff/Petitioner, Falashia Melius, by and through her attoiney, Thomas S. Diehl, Esquire, and makes the following Petition for Emergency Relief against the Defendant/Respondent, Douglas A. Melius: l. The Petitioner is Falashia Melius, an adult individual who resides at 10805 Carlisle Pike, Gardners, Cumberland County, Pennsylvania 17324. 2. The Respondent is Douglas A. Melius, an adult individual who resides at P.O. Box 227 Station Road, Twin Rocks, Cambria County, Pennsylvania 19560. 3. The parties are the natural parents of two minor children, Brianna Hope Melius, born October 28, I996; and Douglas Dalton Melius, born May 30, 1998. 4. On Wednesday, August 15, 2001, the Respondent took the children to visit their paternal grandmother who resides in Twin Rocks, Cambria County, Pennsylvania. 5. Petitioner was aware of this trip and anticipated it to be a routine visit in which the Respondent would return with the children. 6. On Thursday, August 16, 2001, the Respondent returned from Twin Rocks, Pennsylvania without the children. 7. Upon being questioned by the Petitioner regarding the children's whereabouts, Respondent stated that he was again traveling to Twin Rocks, Pennsylvania, and would return with the children on August 17, 2001 or August 18,200I. 8. On Friday, August 17, 2001, the Petitioner came home to the parties' marital residence located at 203 Southside Drive, Newville, Pennsylvania to find that the Respondent had removed his belongings from the home. 9. The Petitioner has not been contacted by the Respondent or the children since the Respondent left the marital residence on August 17, 2001. I 0. The Petitioner has subsequently learned that the Respondent quit his job at Giant Foods without notice. 11. The Petitioner believes the Respondent is residing with the children's paternal grandmother, Yvonne Melius, at P.O. Box 227 Station Road, Twin Rocks, Pennsylvania. WHEREFORE, the Petitioner, Falashia Melius, respectfully requests this Honorable Court to enter an Order against the Respondent, Douglas A. Melius, requiring him to immediately return the children to the Petitioner until further Order of Court. Respectfully submitted, homas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. FALASHIA MELIUS, Petitioner FALASHIA MELIUS PLAINTIFF V. DOUGLAS A. MELIUS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-5380 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Wednesday, September 19, 1001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 17, 2001 at 1:30 p.m. 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/ .lacqueline M. Verney. 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 ATI'ORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DOUGLAS A. MELIUS, Plaintiff FALAFHIA E. MELIUS, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 01-5380 CIVIL TERM : IN CUSTODY ORDER OF COURT And now, this 'Z,[t9 day of September, 2001, upon agreement of counsel, hearing for Special Relief in the above-referenced matter set for Thursday, September 27, 2001 at 9:30 a.m. has been continued and rescheduled for October 11, 2001 at 1:30 p.m. in Courtroom No. ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. By: EdgarB. Ba ~!,J~u ge FALASHIAMELIUS, Plaintiff V. DOUGLAS A. MELIUS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLkND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 01-5380 CIVIL TERM AND NOW, this llth day of October, 2001, this matter having come before the court on a petition for emergency relief, the relief is granted. Starting this Sunday, October 14, 2001, at noon, the children shall be with each parent on a week on/week off basis, with the mother having this upcoming week starting at noon October 14. The father shall provide all transportation pending further order of court following a conciliation hearing. Thomas S. Diehl, For Plaintiff Rebecca R. Hughes, For Defendant Sheriff Esquire Edgar ~ayley, J. Esquire prs FALASHIA MELIUS, Plaintiff V. DOUGLAS A. MELIUS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001-5380 CIVIL TERM : : IN CUSTODY ORDER OF COURT ANDNOW, this t~ffbt dayof 0O~:z'//~A~ ,2001,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No.._~_~, of the Cumberland County Court House, onthe ,~76t dayof /0a<~ ,200,at ~/q>'"- o'clock, t~. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated October 11,2001 is hereby vacated. 3. Mother, Falashia Melius and Father, Douglas A. Melius, shall share legal custody of the children, Brianna Hope Melius, born October 28, 1996 and Douglas Dalton Melius, born May 30, 1998. Each parent shall have equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. 4. The parties shall share physical custody of the children on a Week on/week offbasis from Sunday to Sunday at 12:00 Noon. 5. Transportation shall be shared by the parties such that the parties shall meet at an agreed upon location in the vicinity of the Breezewood Interchange of the Pennsylvania Turnpike. 6. Father shall arrange and pay for a custody evaluation performed by Dr. Arnold Shienvold, Dr. Stanley Schneider or another evaluator agreeable to the parties. Both parties shall cooperate with the custody evaluation and submit themselves, the children and anyone else the evaluator deems necessary for required appointments. 7. The non-custodial parent shall have reasonable telephone contact with the children while in the other parent's custody. 8. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the child. 9. The parties shall assure that all guns in the parent's respective residences are always under lock and key while the children are in the home. 10. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent or subsequent Order of Court, the terms of this Order shall control. cc: Thomas S. Diehl, Esquire - Counsel for Mother Rebecca R. Hughes, Esquire - Counsel for Father FALASHIA MELIUS, Plaintiff V. DOUGLAS A. MELIUS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001-5380 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brianna Hope Melius Douglas Dalton Melius October 28, 1996 Shared May 30, 1998 Shared 2. A Conciliation Conference was held on October 17, 2001 with the following individuals in attendance: The Mother, Falashia Melius, with her counsel, Thomas S. Diehl, Esquire, and the Father, Douglas A. Melius, with his counsel, Rebecca R. Hughes, Esquire. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley, dated October 1 I, 2001, providing for shared legal and shared physical custody on a week on/week offbasis. Father was to provide all transportation. 4. Mother's position on custody is as follows: Mother is seeking primary physical custody, although she would agree to week on/week off until the older child was set to start school. Mother claims Father moved to Cambria County without prior notice, taking the children without Mother's permission. Mother is willing to submit to a custody evaluation. Mother is willing to share transportation. 5. Father's position on custody is as follows: Father seeks primary physical custody. Father asserts that he was the primary caregiver while the parties lived together; Mother neglected the children. Father is concerned about Mother's emotional stability; he is fearful of the children's well-being in Mother's custody. Father is willing to pay for a custody evaluation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, vacating the prior Order of Court dated October 11,2001, granting shared legal and physical custody, and ordering that the parties cooperate with a custody evaluation, which Father agrees to pay for. It is expected that the Hearing will require one day. Date ~qu~ine M. Vemey, Esquire Custody Conciliator FALASHIA MELIUS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS A. MELIUS, DEFENDANT : 01-5380 CIVIL TERM AND NOW, this day of November, 2001, IT IS ORDERED that the custody hearing currently scheduled for December 27, 2001, IS CANCELLED, and rescheduled for Wednesday, February 6, 2002, at 8:45 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Thomas S. Diehl, Esquire For Plaintiff Rebecca Hughes, Esquire For Defendant :saa FALASHIA MELIUS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS A. MELIUS, DEFENDANT · 01-5380 CIVIL TERM AND NOW, this day of April, 2002, IT IS ORDERED that the custody hearing currently scheduled for April 17, 2002, IS CANCELLED, and rescheduled for Thursday, June 6, 2002, at 8:45 a·m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvan~ Thomas S. Diehl, Esquire For Plaintiff Rebecca Hughes, Esquire For Defendant ;saa FALASHIA MELIUS, Plaintiff vi. DOUGLAS A. MELIUS, Defendant : IN THE COURT OF COMMON LEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 2001-5380 : Civil Action - Law : : In Custody PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, Douglas A. Melius, by and through his attorneys, Irwin, McKnight & Hughes, and files this Petition for Emergency Relief making the following statement: 1. The Petitioner is Douglas A. Melius, an adult individual residing at 1026 Station Road, Box 227, Twin Rocks, Pennsylvania 15960. 2. The Respondent is Falashia Melius, an adult individual residing at 10805 Carlisle Pike, Gardners, Pennsylvania 17324. 3. On or about October 24, 2001, an Order was entered in this case pursuant to a conciliation whereby the parties have shared physical custody on a week-on week-off basis for their two (2) minor children, Briarma Hope Melius, born October 28, 1996, and Douglas Dalton Melius, born May 30, 1998. 4. The residence at which the Respondent resides is her parents, Michael Myers and Alberta R. Witmer. 5. A hearing was scheduled in the matter for April 17, 2002; this Honorable Court, due to unforeseen circumstances, was forced to reschedule this hearing for June 6, 2002. 6. Just prior to the April 17, 2002 hearing, the Petitioner reported that the five (5) year old child Brianna returned to the Petitioner after spending a week with the Respondent, with a cut on her lip. The minor child reported that the Respondent's mother, Alberta Witmer, had struck her and caused her lip to split and bleed. 7. On May 7, 2002, after returning to the Petitioner from a week with the Respondent and her parents, the minor child Briana had a large bruise on her back from the Petitioner's mother having struck her while calling the minor child a bitch. 8. Both minor children are increasingly more frightened to return to the Respondent's home due to the maternal grandparent's treatment of them. 9. The Petitioner took the minor children to Children and Youth in his County who are transferring the matter to Cumberland County, however, this transfer will take some time. 10. The caseworker at Children and Youth in Cambria County did suggest that an Emergency Petition be filed with this Court. 11. The children are scheduled to remm to their mother's custody on Sunday, May 12, 2002. WHEREFORE, the Petitioner, Douglas A. Melius, respectfully requests that he be granted primary physical custody of the two minor children, Brianna Hope Melius, born October 28, 1996, and Douglas Dalton Melius, born May 30, 1998, until a full hearing on the matter can be held. Respectfully submitted, Datedc5~O W.) 2.~ ~el~ecca ~. Hughes, Esquire (-,0 - Attorney I.D. # 67212 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 VERIFICATION The foregoing document on behalf of the Petitioner, Douglas A. Melius, is based upon information which has been gathered by counsel for the Petitioner in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Petitioner's verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Plaintiff to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: May 10, 2002 FALASHIA MELIUS, Plaintiff V. DOUGLAS A. MELIUS, Defendant MAY 200Z : IN THE COURT OF COMMON LEAS OF __ ~ : CUMBERLAND COUNTY, PENNSYLVANI~ : : No.: 2001-5380 : Civil Action- Law : : In Custody ORDER FOR EMERGENCY RELIEF AND NOW, this. day of May, 2002, upon consideration of the attached Petition for Emergency Relief, it is hereby Ordered that a hearing on this matter shall be held on ,2002, at o'clock in Courtroom #2, Cumberland County Courthouse, Carlisle, Pennsylvania. Until the above-hearing, custody of the two minor children shall be with the father, Douglas Melius, or until further Order of Court. BY THE COURT Dated: Jo SHERIFF'S RETURN- OUT OF COUNTY CASE NO: 2001-05380 P · COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELIUS FALASHIA VS MELIUS DOUGLAS A R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named WITNESS , to wit: MYERS MICHAEL but was unable to locate Him deputized the sheriff of ADAMS serve the within SUBPOENA in his bailiwick. County, He therefore Pennsylvania, to On May 23rd , 2002 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County 18.00 9.00 10.00 33.52 .00 70.52 05/23/2002 REBECCA HUGHES R< Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day oW .... ~o 2~ A.D. / 7 P-rbt~onotary'/ ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05380 P · COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELIUS FALASHIA VS MELIUS DOUGLAS A R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named WITNESS , to wit: WITMER ALBERTA R but was unable to locate Her deputized the sheriff of ADAMS serve the within SUBPOENA Sheriff or Deputy Sheriff who being search and in his bailiwick. He therefore County, Pennsylvania, to On May 23rd , 2002 attached return from ADAMS __ , this office was in receipt of the Sheriff's Costs: Docketing 6.00 Out of County Surcharge .00 10.00 .00 .00 16.00 05/23/2002 REBECCA HUGHES Sworn and subscribed to before me this 3~ day of d~~ t / Prothonotary So a~: .~y ~-r~ Rf Thomas Kline Sheriff of Cumberland County ~'In The Court of Common Pleas of Cumberland County, Pennsylvania Falashia Melius VS. Dou§las A. Melius SERVE: Alberta R. Witmer No. 01 5380 civil NOW, May 17, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock M. served the within upon by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA ,kINFIO3 SN¥Ci¥ _-IJIB3HS ~ - i' (33AI303~ · In The Court of Common Pleas of Cumberland County, Pennsylvania Falashia Melius VS. Douglas A. Melius SERVE: Michael Myers NO. 01 5380 civil NOW, May 17, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ~ 20 , at . o'clock __ M. served the within upon by handing to a and madeknownto copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriffof County, PA COSTS SERVICE MILEAGE AFFIDAVIT XINn02 .:I.:II~I.qHS MASON DIXON BUSINESS FORMS, INC. DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN DATE PROCESSED INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse of the last (No. 5) ~opy of this form. Please type or print legibly, insuring readability of ell copies. 2. COURT NUMBER 2001-5380 1. PLAINTIFF/S/ FALA~HTA M~.TUS 3. DEFENOANT/~/ 4. TYPE OF WRIT OR COMPLAINT: DOUGLAS A. MELIUS Subpoena 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. SERVE Micbeel Myers and Alberta R. Witmer 6. ADDRESS (~treet or RFD, Apartment NO., City, Boro, Twp., State and ZIP CODE) 10805 Carlisle Pike, Gardners, PA 7. INDICATE UNUSUAL SERVICE: [] PERSONAL [] PERSON ~N CHARGE [] DEPUTIZE [] CERT. MAIL [] REGISTERED MAIL [] POSTED [] OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any property under within writ may leave same without a wetchm~n, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any piaiotitf herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR raduesting service on behalf of: I 10. TELEPHONE NUMBER 11. DATE [] PLAINTIFF Rebecca R. Hughes, Esq. ~ DEFENDANT (717) 249-2353 SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Data Received 14.j~N/Hearing date or compleint as indicetad above. M~y 20, 2002 .FJt~ 6~ 2002 15. I hereby CERTIFY and RETURN that I ~ have personally served, [] have served person in charge, [] have legal evidence of service as shown in "Remarks" (on reverse) [] have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Pc,;ting a TRUE end ATTESTED COPY therof. 16. [] I hereby certify end return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks b~low) Michael Myers & Alberta R. Witmer eacb served personally p~c,,o~,~..~ [] Read Order 19. Address of where served (complete only If different then shown above) (Street or RFD, Apartment No., City, Bom, Twp., State and ZIP coDE) RI~4kRKS: Both Michael Myers & Alberts R. Witmer refused to accept service. They were advised of the contents of the subpoenas & 20. Date of Service 21. Time 5/20/2002 8:351:Iq ~ ~.hl~. AFFIRMED and subl~iped to before me this day of N/A lift. Date MI ee Oep. Int. ~116.48 Ck. #7387 ~ Data Cindy Vinton 5/20/2002 D' /20/2 2 Pro~e~xary~oety, N~r/~ic SHERIFF OF ADAMI COUNTY MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE 8NIRIFF'I RETURN 81GNATURE 39. Date Reoeivad PROTHONOTARY ( ) (1) The within ( ) ( ) ( ) upon SHERIFF'S RETURN OF SERVICF defendant by mailing to by . . prepaid, a true and attested CoPy thereof at , the within named mail, return receipt requested, postage on the The return receipt signed by defendant on the is hereto attached and made a part of this return. Outs~e the~Co?nlonWealtll pursuant tOPa. R.~J~. 405 (c) (1) (2), by mailing a true and attested.~:opy !hereof at in the following manner: (a) to the defendant by ( ) registered ( ) certified mail, return receipt reqUested,:; postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the S~me The returned re~ip.t and enve. lope s attached hereto and made a part of this return; And thereafter: (b) To the defendar~t by ordinary mail,addressed to defendant at sam· address, with the return address of the Sheriff app?aring thereon;~ ~)n the further certify that after-f°iifeen:(l~5) days fr~ ~bJe mAl'ti-Ri~:Cl~t.e; ihave not received said envelope back from the_ postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. By publidation in the Adams County'Legal Journa, a w~l.y., publication of gt}neral ~lrcul&tlon in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper p.~.blish~d in the County of Adams, Commo .nw~tth of Pennsylvania and having general circulation in said County for successive weeks of .. ~' ', ' ~ The Affidavits from said Adams County Legal Journal and Ge. ttysburg Times are hereto attached and made part of this re~urn. By mailing to . by ~ a true and attested copy thereof at The mail, retUrn rece pt requested, postage prepmd, on the Authorities marked is hereto attaChed. ( ) (5) Other returned by the Postal FALASHIA MELIUS, PLAINTIFF V. DOUGLAS A. MELIUS, DEFENDANT order. · IN THE COURT OF C CUMBERLAND COUI 01-5380 CIVIL TERM IN RE: CUSTODy ORDER OF COURT day of June, 2002, IT IS ORDI AND NOW, this r~ (1) The interim order of October 11, 2001, is vacated and (2) Douglas A. Melius and Falashia Melius shall have join Brianna Melius, born October 28, 1996 and Douglas Melius, borr (3) The father shall have primary physical custody of the ¢ (4) The mother shall have temporary physical custody of ! (a) In the summer of 2002, during alternate weeks. (b) During the school year, every Friday evening to extend to Monday evening if Monday is a school ho holiday for the mother. (c) During summers after 2002, for three consecuti~ the first Sunday of the school summer vacation. Afl weeks with the father, the mother shall have anothe weeks. OMMON PLEAS OF ~TY, PENNSYLVANIA '-'RED: replaced with this legal custody of May 30, 1998. ;hildren. he children as follows: Sunday evening, to iday and a work ,e weeks starting on ~r two consecutive three consecutive 01-5380 CIVIL TERM (d) Each Thanksgiving from 3:00 p.m. on Thanks! evening of the day before school starts. (e) Each Christmas from 5:00 p.m. Christmas Da~ December 30th. (f) The parents shall meet halfway to effect chang( ~,~homas S. Diehl, Esquire For Plaintiff /_ ~Rebecca R. Hughes, Esquire For Defendant lying Day through the until the evening of ,s in custody. Edgar B. Bayley, J. :saa FALASHIA MELIUS, PLAINTIFF V. DOUGLAS A. MELIUS, DEFENDANT : IN THE COURT OF C CUMBERLAND COUI 01-5380 CIVIL TERry IN RE: CUSTODY OPINION AND ORDER OF COURT Bayley, J., June 18, 2002:.- Falashia Melius, age 25, and Douglas Melius, age 37, wet September 27, 1996. They are the parents of Brianna Melius, a 1996, and Douglas Melius, age 4, born May 30, 1998. The pare~ August 15, 2000. The father, who was previously married, has 10, born November '17, '1991. The father has had custody of H~ Hailey's mother has not been involved in her life for the last sevel On August 15, 2001, the father took Brianna, Douglas an( mother's home in Twin Rocks, Cambria County, Pennsylvania. T this complaint for custody on September 14, 2001. She filed a p. relief, which was heard on October 11, 2001, and resulted in an provides: Starting this Sunday, October 14, 2001, at n~ be with each parent on a week on/week off basis, w this upcoming week starting at noon October 14. TI all transportation pending further order of court follol hearing. OMMON PLEAS OF ~TY, PENNSYLVANIA e married on ;le 5, born October 28, Its separated on . daughter, Halley, age ley since 1992. 'al years. Hailey to live at his ~e mother instituted .~tition for emergency nterim order that on, the children shall th the mother having ~e father shall provide ving a conciliation 01-5380 CIVIL TERM After one transfer of Brianna and Douglas under this orde the mother made a private agreement with the father that she would meet him halfw, f to effectuate the changes in custody. The parties have followed that arrangemen: to date. Brianna will be starting kindergarten in the fall of 2002, and Douglas will be s':arting kindergarten in the fall of 2003. The week on week off shared schedule will not, starts kindergarten. Both parents seek primary physical custody conducted on June 6, 2002. Until their separation, the mother and father lived in a horr Newville, Cumberland County. The father and mother worked di' afforded them little time to spend together. The mother worked p.m. shift six to seven days a week at a Texaco station in Carlisl an hour. Since 1989, the father worked in a cold storage wareh( Distribution Center in Carlisle between 5:30 a.m. to 2:00 p.m. H, hour. The parents did not have the children in daycare because allowed one of them to be with the children most of the time. Th( in Gardners, Adams County, and they rarely took care of the chil( mother (his father is deceased) lives in Twin Rocks, Cambria Col developed a closer relationship with the children. The paternal the parents' home for several days two or three times a month. children visited her in Twin Rocks at least once a month. The father wanted to transfer to a different type of job to -2- york once Brianna A hearing was e he owned in ferent shifts which 2:00 p.m. to 11:00 She earned $7.50 ise of a Giant Foods , earned $17.00 per :heir work schedules mother's parents live ren. The father's inty, and she g~andmother visited in he parents and otect his health. The 01-5380 CIVIL TERM work in a cold storage facility resulted in his suffering from pulm¢ has a back problem as his job involved heavy lifting. He learned transferring his employment to Martins Foods, a division of Gianl Twin Rocks. The father testified that he and the mother decided arranged a job transfer to Martins Foods. The paternal grandmo the family move into her thirteen-room home until "they got on th, and his mother testified that when she learned that the family wo home, she got bedrooms ready and made other adjustments to mother had always wanted to go to college, and the father sugg attend a community college in Twin Rocks that offered courses a The mother testified that she discussed moving to Twin R( but never made a commitment to move. The father testified tha transfer his employment, the mother said that she would not mo over." He then moved with just the children. ^ few days after th( moved into the home of her parents. The mother made no imme Brianna or Douglas, nor did she call them. The next time the fatl' mother was after she received the custody complaint. The moth( after the father moved, she never called the children or saw them October 11, 2001 was entered. After the separation, both parents faced serious financial d mortgage on the father's home in Newville was foreclosed, and a '3- nary asthma. He also of the possibility of Foods, located near to move, and he Iher offered to have .~ir feet." The father ~ld be moving to her ~ceive them. The sted that she could $60 per credit. cks with the father, after he committed to ~, and told him "it was he left, the mother liate effort to see er heard from the ,r acknowledged that until the order of ifficulties. The car the mother had 01-5380 CIVIL TERM been driving was repossessed. They both went into bankruptcy. The father's job with Martins Foods is from 6:00 a.m. to 2: on Sundays and Wednesdays. He now earns $11.45 per houri receiving the premium pay for working in the cold storage facilit~ does not work outside of the home. She cares for the children w work and she drives the children where they need to go. Brianr Twin Rocks. The pre-school is in the same school building whe kindergarten if she lives with the father in the fall of 2002. If the father, Douglas will go to the same pre-school that Brianna is no Since October 1, 2001, the mother works as a data proce., corporate office in Carlisle. She works weekdays 7:30 a.m. to 4:~ 30 p.m., with days off ecause he is not The grandmother hen the father is at goes to pre-school in she will attend fildren live with the attending. ;or at the Giant Foods )0 p.m. On May 22, 2002, she moved into a three-bedroom home in Gardners on a home is about a ten-minute drive from her parents' home. Curre~ when she has Brianna and Douglas, she gets up at 6:00 a.m. ma someone drive the children to her parents' home. She picks ther o 3e-year lease. This ~tly, on workdays kes breakfast, and has up after she finishes her work at 4:00 p.m., and takes them home. She testified that arrangements with a childcare facility if she has Brianna and Do~ year. The father testified that the mother, who has a thyroid pro emotional, and hyperactive. She has threatened suicide on seve uncle committed suicide), sometimes in front of the children. Th~ -4- s e has made las during the school ~m, is very · al occasions (her father has wanted her 01-5380 CIVIL TERM to undertake some counseling, but she has never done so, altho some medications prescribed by her family doctor. The mother testimony. The father testified that the mother had difficulty with to her on many occasions when they lived in Newville. The mott at times, she did get mad at Hailey. She testified that during the marriage Hailey's mother was still around, and she did not trust former wife. She testified that it was hard for her to accept that another woman. In the spring of this year, the father started seeing marks they returned from their weekly periods of custody with the moth, that the maternal grandparents were striking her and Douglas w~ work. The father took Brianna and Douglas to the Cambria Cour Service Agency on May 8, 2002. An agency worker interviewed gave a statement of abuse by her grandparents which resulted ir Adams County Youth Service Agency. Without talking to the mol County Youth Service Agency notified her in the latter part of Ma~ were unfounded. The agency worker in Cambria County testified that she vi= father in Twin Rocks. She talked to Hailey. She felt that all of the excellent interaction with the father, and that he is a caring parenl that the father obtain some counseling for Brianna. He followed t -5- ugh she does take lid not challenge this Hailey, and was mean er acknowledged that early part of her er husband and his e had a child with ~n the children when ~r. Brianna told him en the mother was at ty Children and Youth )oth children. Brianna a referral to the her, the Adams that the allegations ited the home of the children have She recommended ~is recommendation, 01-5380 CIVIL TERM and he also participates in counseling with Hailey. DISCUSSION The ultimate issue in a custody contest between parents ~ what is in the best interest of the children. Robinson v. Robinson, 558 Pa. 52 (1<, )4). Under Beers v. Beers, 710 A.2d 1206 (Pa. Super. 1998), because the geographical distance between the father living in Cambria County and the mother living in Cuml~erland County will be significant enough that it will alter the relationship between the n(in-custodial parent and the children, it is necessary to analyze the evidence utilizing the Gruber v. Gruber, 400 Pa. Super. 174 (1990). Those factors ar the potential advantages of the proposed mc that the move would substantially improve th custodial parent and the children and is not t momentary whim on the part of the custodial the integrity of the motives of both the custo¢ parent in either seeking the move or seeking the availability of realistic, substitute visitatio~ will adequately foster an ongoing relationshi and the non-custodial parent. In Beers, the Superior Court stated that it has consistenl "refines upon, but does not alter the basic and determinative inqu in which the best interests of the child lie." As to the first Gruber Court stated in Anderson v. McVay, 743 A.2d 472 (Pa. Super. 1 A court need not consider only economic ber determining whether relocation substantially improw the parent .... Rather, "when the move will signific~ general quality of life for the custodial parent, indire( children with whom they reside." This is because "ti -6- actors set forth in ve and the likelihood -= quality of life for the le result of a parent; iai and non-custodial to prevent it; arrangements which between the child held that Gruber iry as to the direction i~actor, the Superior )99): efits when ;s the quality of life of intly improve the :t benefits flow to the ~e best interests of the 01-5380 CIVIL TERM child are more closely aligned with the interest an¢ custodial parent .... "IT]here is no need.., to shl benefit, apart from that of [the moving party], flowir because of the relocation. [See] Zalenko v. White (Pa. Super. 1997). (Other citations omitted.) In Ferdinand v. Ferdinand, 763 A.2d 820 (Pa. Super. 2000), the reversed an order of the trial court denying a mother's petition to economic improvements in the mother's quality of life and happir benefit of the children. See also, Burkholder v. Burkholder, 7,c Super. 2002). In the present case, the father and mother have been ec Brianna and Douglas. When the parents were working different sometimes working seven days a week, they had little family dis~ serious financial difficulties. The father's health necessitated his than in a cold storage facility, even at a reduced wage. We belie' the mother initially agreed to move to Twin Rocks with him, and ti transfer of employment she decided to end their marriage. Unde~ the advantages of his then moving to Cambria County, where the environment for himself and the children, has substantially impro~ his life, and the life of Bdanna, Douglas and Hailey. The father's His move was not the result of a momentary whim. Because the mother changed her mind about moving, she physical custody of Brianna and Douglas. The mother has never -7- quality of life of the w an independent I to the children 701 A.2d 227, 229 Superior Court 'elocate where non- ess would inure to the 0 A.2d 1053 (Pa. iai caretakers of ;hilts, with the mother ourse. They had 3btaining work other /e his testimony that lat after he obtained a 'the circumstances, re is a more stable ed the quality of the ~otives were sound. now seeks primary had a close 01-5380 CIVIL TERM relationship with Hailey. Her resentment of Halley reflects her ir~ Douglas have lived with Halley their entire lives. In Wiskoski v. Super. 531 (1993), the Superior Court of Pennsylvania stated: Absent compelling reasons to the contrary, i Commonwealth that siblings should be raised togel possible. Pilon v. Pilon, 342 Pa. Super. 52, 492 A.2 factor is not diluted by the fact that the children inv. and sisters." In re Davis, 502 Pa. 110, 124, 465 A. While this factor cannot be elevated automatically ~ it must be weighed in conjunction with the others. ~ "Good reasons are not necessarily "compelling" re; integrity of a family unit. Pilon v. Pilon, supra. "In c 'compelling reasons' this court has said that the evi that is was 'necessary' to separate the children, an( 'forceful' in this regard." Cyren v. Cyran, 389 Pa. SL A.2d 878, 880 (1989), citing Albdght v. Commonwe Pa. 320,421 A.2d 157 (1980). Absent compelling ~ should be raised together in one household, for this and stability necessary for a young child's developn supra, 342 Pa. Super. at 56, 492 A.2d at 60. Considering all of the evidence, we are satisfied that there Brianna and Douglas living with their father, grandmother and Ha than there would be in living in their mother's home in Gardners. interest of the children that they continue to live with their father. order that will provide realistic meaningful periods of temporary pi mother that will adequately foster her ongoing relationship with B~ Accordingly, the following order is entered. -8- ~maturity. Brianna and Wiskoski, 427 Pa. : is the policy of this her whenever d 59 (1985). "This ,Ived are half bothers .)d 614, 621 (1983). ~bove all other factors, d. (Emphasis added.) lsons for disrupting the efining the phrase Jence must indicate the evidence was aer. 128, 132, 566 ~lth ex rel. Fetters, 491 easons, "the children permits the continuity ~ent." Pilon v. Pilon, is more stability for iley in Twin Rocks It is in the best We can fashion an lysical custody for the ianna and Douglas. 01-5380 CIVIL TERM ORDER OF COURT AND NOW, this ~O day of June, 2002, IT IS ORD (1) The interim order of October 11, 2001, is vacated and order. (2) Douglas A. Melius and Falashia Melius shall have join Brianna Melius, born October 28, 1996 and Douglas Melius, borr (3) The father shall have primary physical custody of the (4) The mother shall have temporary physical custody of (a) In the summer of 2002, during alternate weeks. (b) During the school year, every Friday evening tc extend to Monday evening if Monday is a school hc holiday for the mother. (c) During summers after 2002, for three consecuti' the first Sunday of the school summer vacation. Afl weeks with the father, the mother shall have anothe weeks. (d) Each Thanksgiving from 3:00 p.m. on Thanksgi, evening of the day before school starts. (e) Each Christmas from 5:00 p.m. Christmas Day December 30"'. (f) The parents shall meet halfway to effect change -9- --RED: replaced with this legal custody of May 30, 1998. hildren. he children as follows: Sunday evening, to liday and a work ~e weeks starting on er two consecutive r three consecutive ting Day through the ~ntil the evening of in custody. FALASHIA MEI.IUS. Plaintiff I)OU(}I,AS A. MELIUS, Defendant FAI,AS[tIA L. MELIUS, Plaintiff V. DOUGI.AS A. MELIUS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5380 ~ CIVIL TERM CIVIL ACTION - LAW IN CUSTODY : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6800 CIVIL IERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCE I'O THI( PROTttONOTARY: I)ate: ,I U6 0 5 2002 Please withdraw the appearm~ce of Thomas S. Diehl, Esquire, on behalf of t:alashia L. Melius in the above-captioned cases. ~"~.~'::7 Thomas S. Diehl, Esquire One West High Street, Stfite 208 Carlisle, Pem~sylvania 17013 (717) 240-0833 TO TIlE PROT}tONOTAP, y: Please enter the appearance of Michael F. Fenton, Esquire, on behalf of Falashia L. Melius in the above-captioned cases. MiChael F. Fenton,~squ]re 149 East Market Street. 2nd Floor York, Pennsylvania 17401 (717) 854-1366 "hi III I IIII Il llll I Iql~l I IIIl'tl~lllll'll~llgll'~lgllltllqllllgll'llfltl~lllll IIlllllllllll IIIIl(lllqlllllllllll'lll'l~llll~'l I'lglll IIIIll II III I Ill I I III I I I I II II Ill I I I II Iq IIItlll~lffllllllllllgllllllglllllgI~llllllillglglll~l 'llilglllll I ' ' 01-5380 CIVIL TERM Thomas S. Diehl, Esquire For Plaintiff Rebecca R. Hughes, Esquire For Defendant :saa -10-