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HomeMy WebLinkAbout08-5536a OM CSC" &N UI AKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 BOBBIE J. MACKEY PLAINTIFF VS. ROBERT D. MACKEY DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION -LAW IN CUSTODY 1. The Plaintiff is Bobbie J. Mackey, who currently resides at 208 Mountain View Road, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. The Defendant is Robert D. Mackey, who currently resides at 76 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following children: Name: Holly Jo Mackey Date of Birth: April 20, 1997, age 11 Address: 76 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania Name: Ashley Ann Mackey Date of Birth: September 12, 2001, age 7 Address: 76 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania 4. The children were born during wedlock. 5. The children are presently in the custody of the Defendant, who resides at 76 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania. 6. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Bobbie & Robert Mackey Robert Mackey Address 76 Shippensburg Mobile Estates Shippensburg, PA 17257 76 Shippensburg Mobile Estates Shippensburg, PA 17257 Date Birth to January 2008 January 2008 to Present 7. The mother of the children is Bobbie J. Mackey, who resides at 208 Mountain View Road, Mt. Holly Springs, Cumberland County, Pennsylvania. 8. Mother of the children, Plaintiff, is married but separated from Defendant, Robert Mackey. 9. The father of the children is Robert D. Mackey, who currently resides at 76 Ship Mobile Estates, Shippensburg, Cumberland County, Pennsylvania. 10. Father of the children, Robert D. Mackey, is married but separated from Plaintiff, Bobbie J. Mackey. 11. The relationship of Plaintiff to the children is that of Mother. 12. The relationship of Defendant to the children is that of Father. 13. The Plaintiff currently resides with the following persons: a. Her Father and Step-Mother, Robert and Miriam Robinson; and b. Her Daughters, Holly Jo and Ashley Ann Mackey. 14. The Defendant currently resides with the following persons: a. His daughters Holly Jo Mackey and Ashley Ann Mackey. 15. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 16. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person or a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 18. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Plaintiff has been the primary caregiver of the minor children since their birth. Plaintiff has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the children; iii. Purchased, cleaned and cared for the children's clothing; iv. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; vi. Put the children to bed nightly, attended the children in the middle of the night, and awakened the children in the morning. b. The children have a psychological bond with the Plaintiff. c. Plaintiff is able to provide a stable environment for the children. 19. The Plaintiff left the marital residence in January due to an abusive relationship between her and the Defendant. a. The Plaintiff did not take the Children with her because of the Defendant's threats that she would never see the Children again if she did not leave them with him in the marital residence. b. The Plaintiff believed at that time since the Children were not being physically abused it was in their best interest to remain with their Father and it was in the Plaintiffs best interest to leave the marital home at that time. c. The Defendant continues to this day to threaten the Plaintiff by stating that he "will take the girls from her" and states that "she will never see them again" if she does not do what he says. 20. It is believed and therefore averred that the best interests of the Children are not being met in that they are not being properly taken care of a. It is believed and therefore averred that they are taking full responsibility and care for themselves. b. It is believed and therefore averred that the oldest child, Holly, (age 11) prepares the meals for her and her sister, Ashley. c. It is believed and therefore averred that the oldest child, Holly, (age 11) maintains the home by doing all of the inside and outside chores; such as all of the cleaning and grass mowing. d. It is believed and therefore averred that the oldest child, Holly, (age 11) does the laundry so that she and her sister, Ashley, have clothes to wear. e. It is believed and therefore averred that the Children do not sleep in beds at night but on the floor in the living room. f. It is believed and therefore averred that the Children do not take regular baths and/or showers. r 21. It is believed and therefore averred that it is in the best interest of their Children to attend counseling sessions; however, the Defendant will not agree to allow the Children to participating in any counseling sessions at this time. a. Plaintiff had enrolled Holly in counseling last February at the Shippensburg Intermediate School; however, she only attended two (2) sessions before the Defendant contacted the school and removed her stating that "she did not need counseling at this time". i. Holly has not participated since then and the Plaintiff never attempted to enroll Ashley knowing that the Defendant would just remove her by contacting the school. 22. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the Children to the Plaintiff with partial periods of custody to the Defendant as to be determined and requests that the Children be allowed to participating in counseling either at the school or through a private counselor. DATE q I M1R Respectfully submitted, ABOM&KUTULAKisy L.L.P. Michelle L. Sommer, quire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff I, BOBBIE J. MACKEY, verify that the statements made in this 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 BOBBIE J. MACKEY AND NOW, this 19`h day of September 2008, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States, Certified Mail, postage prepaid addressed to the following: ROBERT D. MACKEY 76 Shippensburg Mobile Estates Shippensburg, PA 17257 Respectfully submitted, ABom&KUTUTAKIS, L.L.P. &"Lq Michelle L. So r, Esquire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ril m r ... 0 BOBBIE J. MACKEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-5536 CIVIL ACTION LAW ROBERT D. MACKEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 23, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 16, 2008 at 9:30 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/ Hubert X. Gilroy, Es 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 0 '48 a 83S 80QZ ?ocT :o 2008? BOBBIE J. MACKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW ROBERT D. MACKEY, NO. 2008-5536 Defendant IN CUSTODY COURT ORDER AND NOW, this Z i day of October, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Bobbie J. Mackey, and the father, Robert D. Mackey, shall enjoy shared legal custody of Holly Jo Mackey, born April 20, 1997, and Ashley Ann Mackey, born September 12, 2001. 2. The Father shall enjoy primary physical custody of the minor children. The Mother shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday when the children get off school at approximately 3:00 p.m. or 3:30 p.m., until Sunday at 6:00 p.m.; and B. At such other times as the parties agree. 4. The parties shall also make arrangements for the minor children, or just one child depending upon a determination of the counselor, to be involved in counseling. The counselor shall be an individual selected by legal counsel for the parties. Costs of the counseling that are not covered by applicable insurance shall be paid by the Mother. If legal counsel for the parties cannot agree on a counselor, they may contact the custody Conciliator who will be an arbiter with respect to that issue and recommend a further Order to the Court on the designation of a counselor. The parties shall also arrange for sharing custody on holidays as follows: A. The Mother shall always enjoy custody on Mother's Day and the Father shall always enjoy custody on Father's Day. This provision shall supercede any other provision of this Order. B. For the Christmas holiday, the holiday shall be divided into two segments: Segment A shall be December 24 at noon until December 25 at noon, and Segment B shall be December 25 at noon until December 26 at noon. These two segments shall be alternated each year with the Mother having Segment A in 2008 and the parties alternating thereafter. C. For the Thanksgiving holiday, the parties shall split the holiday into two segments: Segment A shall be the Wednesday before Thanksgiving from when the children are off school until 2:00 p.m., on Thanksgiving day, and Segment B shall be from 2:00 p.m. on Thanksgiving day until 2:00 p.m. on that Friday. The parties shall alternate those two segments with Mother having Segment A in 2008. D. The parents shall always have an opportunity to spend time with the minor children on their birthdays or the day before or day after to celebrate the child's birthday and each parent's birthday. 6. Legal counsel for the parties shall conduct a telephone conference with the custody Conciliator on Thursday, January 8, 2009, at 8:00 a.m. The point of this telephone call shall be to allow the parties to update the case and determine if any modification needs to be made to the Order. Prior to that conciliation telephone conference and in the event either party has any concerns with respect to the activities of the children, legal counsel for either party may contact the Conciliator via a letter to request an expedited custody conciliation conference. 7. The parties may modify the custody schedule set forth above as they agree. Absent a specific agreement between the parties, the schedule set forth above shall control subject to any further modifications by Court Order in the future. cc: >heri D. CooPer Esquire Mark F. Bayley, Esquire 6 8S t£CC 1012 t ?08 Wc) C3 ? 0 a %L N fJ BOBBIE J. MACKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ROBERT D. MACKEY, NO. 2008-5536 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Holly Jo Mackey, born April 20, 1997 Ashley Ann Mackey, born September 12, 2001 2. A Conciliation Conference was held on October 16, 2008, with the following individuals in attendance: The mother, Bobbie J. Mackey, who appeared with her counsel, Michelle L. Sommer, Esquire, and the father, Robert D. Mackey, with his counsel, Dirk E. Berry, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: October , 2008 N Hubert X. Gilroy, Custody Conciliar