HomeMy WebLinkAbout02-3189 NM-Fit;
PROTt UNOTARY
11
? 12 JUL -2 PM 2*- 08
Ct MSER LANG C TY
PENN
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
SHARIF O. HUMPHRY,
Plaintiff/Petitioner NO: 02-3189
CIVIL ACTION - LAW
V.
IN CUSTODY
TYESHA N. MOSLEY,
EMERGENCY PETITION FOR CUSTODY MODIFICATION
AND NOW this day of June, 2012, comes Petitioner, Sharif O. Humphry, by
and through counsel, Lawrence J. Rosen, Esquire, and offers the following averments in support
of the within Emergency Petition for Custody Modification:
1. Petitioner is Sharif O. Humphry. Petitioner resides at 1615 Forster Street, Harrisburg,
PA 17103.
2. Respondent is Tyesha Mosley. Respondent resides at 332 Farmington Drive,
Shippensburg, PA 17257.
3. The parties are the parents of the following children:
Tyara S. Mosely and Tyric N. Mosley who share a birth date of 12/30/1997.
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?Sm? a*?
g497-Y4s7
4. Pursuant to an Agreement of the parties, an Order of Court was issued on November 2,
2002. (See Exhibit A)
5. Recently, the following significant developments have taken place which have led to
Petitioner filing the instant Petition:
A. On Friday, June 22, 2012, due to parent child conflict, Respondent threw Tyric
out of her home and sent him to Petitioner's home. Respondent refused to
permit Tyric to take any of his belongings with him at that time.
C. Respondent has threatened to beat both children if they did not clean the house
after returning home when they were not responsible for a mess that required
cleaning.
B. Tyric Mosley is frightened to return home. Respondent has not indicated her
desire that he return home and the minor child wishes to remain with
Petitioner on a permanent basis
WHEREFORE, Petitioner asks that Your Honorable Court grant the instant
Petitioner and Order that the minor child Tyric Mosley remain in Petitioner's household pending
further action of Your Honorable Court.
Respectfully submitted:
KREVSKY & ROSEN, P.C.
By: ;?- , ?,, '
Lawrence J. Rosen, Esquire
1101 North Front Street
Harrisburg, PA 17102
ID# 10625
(717) 234-4583
Irosen@krevskyandrosen.com
EXHIBIT A
SHARIF O. HUMPHREY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 02-3189 CIVIL ACTION LAW
TYESHA N. MOSLEY,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this day of , 2002, upon _ ?1 consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Mother, Tyesha N. Mosley, shall have primary physical and legal custody of Tyara S.
Mosley and Tyric N. Mosley, both born December 30, 1997.
2. The Father, Sharif O. Humphrey, shall have partial physical custody of the Children on
alternating Saturdays from 12:00 noon until 7:00 p.m., beginning Saturday, November 23, 2002. In
addition, during weeks following Saturdays when the Mother has custody of the Children, the Father
shall have custody of the Children on Mondays from between 4:30 and 5:00 p.m. until 7:30 p.m.,
beginning Monday, November 18, 2002.
3. The parties shall share or alternate having custody of the Children on holidays as follows:
A. CHRISTMAS: In every year, the Father shall have custody of the Children on Christmas
Day from between 4:30 and 5:00 p.m. until 8:00 p.m.
B. THANKSGIVING: In even numbered years, the Father shall have custody of the Children
on Thanksgiving Day from between 4:30 and 5:00 p.m. until 8:00 p.m. and the Mother shall
have custody on Thanksgiving in odd numbered years.
C. EASTER: In even numbered years, the Father shall have custody of the Children on Easter
Sunday from 10:00 a.m. until 8:00 p.m. and the Mother shall have custody of the Children on
Easter in odd numbered years.
D. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the
Children on Mother's Day and the Father shall have custody of the Children on Father's Day
from 10:00 a.m. until 8:00 p.m.
E. JULY 4TH: In odd numbered years, the Father shall have custody of the Children on July
4th from between 4:30 and 5:00 p.m. until 8:00 p.m. (if it is a work day) and from 10:00 a.m.
until 8:00 p.m. (if July 4`h falls on a day when the Father has off work). The Mother shall have
custody of the Children on July 4th in even numbered years.
shall supersede and take precedence over the regular custody
oschedule
F. The holiday custody
schedule. lace at the
between the parties, all exchanges of custody shall take p
4. Unless otherwise corner of Rocky Road and Wilson Drive in Mechanicsburg. n as he Father can pick up
5. On work days, the Father's periods of custody shalalll begin as so shall contact the Mother by
m. and 5:00 P.m. d the Father
the Children after work between 4:30 p.
telephone to notify her when he is leaving work to pick up the Children. and telephone
Each arty shall ensure that the other party has his or her current address an6. P
numbers on an ongoing basis,
which may estrange the Children from the other
7. Neither party shall do or say anything hamper the free and natural
foto the other Par r the other parent t Both parties shall ensure that third
parent, injure the opinion of the Children as
development of the Children's love and respect
with this provision.
parties having contact with the Children comply
f the
This Order is entered pursuant to an agreement oe parties al consent- In he absence of
Conference. The parties may modify the provisions of this Order by mutual
mutual consent, the terms of this order shall control.
BY THE COURT, Couns ce/ David J. Sch u? squCo?sel foreMoth Taber
/ Joan Carey, q
Tj?- Q
_,)- 0 .0 ?
SHARIF O• HUMpgRBY,
Plaintiff
IN THE COUR COQ yMp N1?T YLVANIA
CUMBERLAND
02-3189 CIVIL ACTION LAW
VS.
TYESHA N. MOSLEY,
Defendant
: IN CUSTODY
CUSTODY CONC LIIATION SUMMARY gEpORT
IN ACCORDANCE WITH CUMBERLAND COUNTY the flowRi gL ep OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits
1. The pertinent information concerning the children who are the subjects of this litigation is
as follows:
NAME
Tyara S. Mosley
T c N Mosley
DATE OF BIRTH
December 30, 1997
December 30, 1997
CURRENTLY IN CUSTODY OF
Mother
Mother
Yri duals 2. A Conciliation Conference was held on November 142002, with the folio ingind vid the
in attendance: The Father, Sharif O• Humphrey, with his counsel, David J. Schertz, Esqure,
Mother, Tyesha N. Mosley, with her counsel, Joan Carey, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
k? y6vi-? r `f a0
Date
Dawn S. Sunday, Esquire
Custody Conciliator
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
SHARIF O. HUMPHRY,
Plaintiff/Petitioner
V.
TYESHA N. MOSLEY,
VERIFICATION
NO: 02-3189
CIVIL ACTION - LAW
IN CUSTODY
I, SHARIF O. HUMPHRY, hereby verify that the information contained in the
foregoing Petition is true and correct to the best of my knowledge, information and belief. I also
understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904,
relating to sworn falsification to authorities.
DATE:
SHARIF O. UM HRY
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
SHARIF O. HUMPHRY,
Plaintiff/Petitioner NO: 02-3189
CIVIL ACTION - LAW
V.
IN CUSTODY
TYESHA N. MOSLEY,
CERTIFICATE OF SERVICE
AND NOW, this Alk day of June, 2011, I, Elisabeth J. Clough, for the Law Firm of
Krevsky & Rosen, P.C., attorneys for SHARIF O. HUMPHRY, hereby certify that I have this day
served a copy of the Emergency Petition via First Class U.S. Mail, Certified Mail on the
following:
TYESHA MOSLEY
332 FARMINGTON DRIVE
SHIPPENSBURG, PA 17257
&Da it4'
L?~
Elisabeth J. Clough
Krevsky & Rosen, P.C.
1101 North Front Street
Harrisburg, PA 17102
Phone: (717) 234-4583
Fax: (717) 234-3650
FILED- aFFtCt
Of THE PROTHOtWTARY
2012 JUL -2 PM 2: 01
CU1' N ND COCA 7Y
ptN
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
SHARIF O. HUMPHRY,
Plaintiff/Petitioner NO: 02-3189
CIVIL ACTION - LAW
V.
IN CUSTODY
TYESHA N. MOSLEY,
PETITION FOR MODIFICATION OF CUSTODY ORDER AND ORDER
HOLDING RESPONDENT IN CONTEMPT
AND NOW this d9 114 __ day of June, 2012, comes Petitioner, Sharif O. Humphry, by
and through counsel, Lawrence J. Rosen, Esquire, and offers the following averments in support
of the within Petition for Modification of Custody Order and Order Holding Respondent in
Contempt.
1. Petitioner is Sharif O. Humphry. Petitioner resides at 1615 Forster Street, Harrisburg,
PA 17103.
2. Respondent is Tyesha Mosley. Respondent resides at 332 Farmington Drive,
Shippensburg, PA 17257.
3. The parties are the parents of the following children:
Tyara S. Mosley and Tyric N. Mosley who share a birth date of 12/30/1997.
4. Pursuant to an Agreement of the parties, an Order of Court was issued on November 2,
2002. (See Exhibit A) 00i 413.06? '??
C ?0 g1Qd(o
5. Recently the following significant developments have taken place which have led to
Petitioner filing the instant Petition:
A. On Friday, June 22, 2012, due to parent child conflict, Respondent threw Tyric
out of her home and sent him to Petitioner's home. Respondent refused to
permit Tyric to take any of his belongings with him at that time.
C. Respondent has threatened to beat both children if they did not clean the house
after returning home when they were not responsible for a mess that required
cleaning.
B. Tyric Mosley is frightened to return home. Respondent has not indicated her
desire that he return home and the minor child wishes to remain with
Petitioner on a permanent basis.
C. Tyara has indicated to Petitioner that she wishes to reside with him but is
frightened to tell Respondent.
D. Respondent has, for the past three months, refused to honor the existing
Custody Order which requires the parties to meet at the corner of Rocky Road
and Wilson Drive in Mechanicsburg to effectuate all custody exchanges.
Respondent refuses to do any driving in blatant contempt of the existing
Order.
WHEREFORE, Petitioner asks that Your Honorable Court modify the existing custody
Order and grant primary physical custody of the minor children to Petitioner and hold that
Respondent has been in contempt of the Order by refusing to honor the transportation provisions
therein. Petitioner asks that Your Honorable Court award counsel fees to Petitioner as well as
any other sanctions that it may deem appropriate.
Respectfully submitted:
KREVSKY & ROSEN, P.C.
a
By:
Lawrence J. Rosen, P.C.
1101 North Front Street
Harrisburg, PA 17102
ID# 10625
(717) 234-4583
lrosen@krevskyandro sen. com
EXHIBIT A
SHARIF O. HUMPHREY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 02-3189 CIVIL ACTION LAW
TYESHA N. MOSLEY,
Defendant IN CUSTODY
ORDER OF COURT
1
, 2002, upon
AND NOW, this r7? day of A
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Mother, Tyesha N. Mosley, shall have primary physical and legal custody of Tyara S.
Mosley and Tyric N. Mosley, both born December 30, 1997.
2. The Father, Sharif O. Humphrey, shall have partial physical custody of the Children on
alternating Saturdays from 12:00 noon until 7:00 p.m., beginning Saturday, November 23, 2002. In
addition, during weeks following Saturdays when the Mother has custody of the Children, the Father
shall have custody of the Children on Mondays from between 4:30 and 5:00 p.m. until 7:30 p.m.,
beginning Monday, November 18, 2002.
3. The parties shall share or alternate having custody of the Children on holidays as follows:
A. CHRISTMAS: In every year, the Father shall have custody of the Children on Christmas
Day from between 4:30 and 5:00 p.m. until 8:00 p.m.
B. THANKSGIVING: In even numbered years, the Father shall have custody of the Children
on Thanksgiving Day from between 4:30 and 5:00 p.m. until 8:00 p.m. and the Mother shall
have custody on Thanksgiving in odd numbered years.
C. EASTER: In even numbered years, the Father shall have custody of the Children on Easter
Sunday from 10:00 a.m. until 8:00 p.m. and the Mother shall have custody of the Children on
Easter in odd numbered years.
D. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the
Children on Mother's Day and the Father shall have custody of the Children on Father's Day
from 10:00 a.m. until 8:00 p.m.
E. JULY 4TH: In odd numbered years, the Father shall have custody of the Children on July
4th from between 4:30 and 5:00 p.m. until 8:00 p.m. (if it is a work day) and from 10:00 a.m.
until 8:00 p.m. (if July 4th falls on a day when the Father has off work). The Mother shall have
custody of the Children on July 4th in even numbered years.
schedule shall supersede and take precedence over the regular custody
F. The holiday custody
schedule. lace at the
parties, all exchanges of custody shall take p
4. Unless otherwise and wilco Drive in Mechanicsburg.
corner of Rocky Road pick u as the 5. On work days, the Father's periods of custody shall begin as so shall on actl the Mother by
the Children after work between 4:30 p•m pick P.M. uthe and the Childrenather
.
telephone to notify her when he is leaving , and 5:00 work top p current address and telephone
6. Each party shall ensure that the other party has his or her
numbers on an ongoing basis.
which may estrange the Children from the other
7. Neither party shall do or say anything hamper the free and natural
parent, injure the opinion of the Children as to the other parent, or arties shall ensure that third
with this prov?is on, Bo parties
development of the Children's love and respt for the
having contact with the Children comply
er is entered pursuant to an agreement of the parties l at a C consent, the Conciliation
of
8. This Ord modify the provisions of this order by mutu
Conference. The parties may fY
mutual consent, the terms of this Order shall control.
BY THE COURT, i
c/ David J. Sch u? sq Co?S 1 oreMoth raper
/ Joan Carey, q
1 Q
1? ?5
SHARIF O. HUMPY,
Plaintiff
VS.
TYESHA N. MOSLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
COUNTY,
CUMBERLAND
02-3189 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY gEit -1
RDANCE WIT,, UMBERI'AND COUNTY report: ort: OF CIVIL
IN PROCEDURE 1915.3-8, ACCO the undersigned Custody Conciliator submits the following
1. The ertinent information concerning the Children who are the subjects of this litigation is
p
as follows:
DATE OF BIRTH CURRErTTLY IN CUSTODY OF
NAME
Tyara S. Mosley December 30, 1997 Mother Tyric N. Mosley December 30, 1997 Mother
2. A Conciliation Conference was held on November 14, 2002, with the frtzo ingindivid the
in attendance: The Father, Sharif O. Humphrey, with his counsel, David J. , Esqure, an
Mother, Tyesha N. Mosley, with her counsel, Joan Carey, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date
Dawn S. Sunday, Esquire
Custody Conciliator
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
SHARIF O. HUMPHRY,
Plaintiff/Petitioner NO: 02-3189
CIVIL ACTION - LAW
V.
IN CUSTODY
TYESHA N. MOSLEY,
VERIFICATION
I, SHARIF O. HUMPHRY, hereby verify that the information contained in the
foregoing Petition is true and correct to the best of my knowledge, information and belief. I also
understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904,
relating to sworn falsification to authorities.
DATE: a
SHARIF OHMPHRRY
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
SHARIF O. HUMPHRY,
Plaintiff/Petitioner NO: 02-3189
CIVIL ACTION - LAW
V.
IN CUSTODY
TYESHA N. MOSLEY,
CERTIFICATE OF SERVICE
AND NOW, this day of June, 2011, I, Elisabeth J. Clough, for the Law Firm of
Krevsky & Rosen, P.C., attorneys for SHARIF O. HUMPHRY, hereby certify that I have this day
served a copy of the Complaint via First Class U.S. Mail, Certified Mail on the following:
TYESHA MOSLEY
332 FARMINGTON DRIVE
SHIPPENSBURG, PA 17257
ai 0
Elisabeth J. Clough
Krevsky & Rosen, P.C.
1101 North Front Street
Harrisburg, PA 17102
Phone: (717) 234-4583
Fax: (717) 234-3650
2012 JUL 16 AM 1 l : 0.1
PENNSYLVAN A i
SHARIF O. HUMPHRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : Civil Action- Law
No. 02-3189
TYESHA N. MOSLEY,
Defendant
IN CUSTODY
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as counsel on behalf of Defendant, Tyesha Mosley, with
respect to this matter.
Date: k
Michael J. Whare Esquire
37 East Pomfret Street
Carlisle, PA 17013
(717) 243-3561
Supreme Ct. I.D. 89028
SHARIF 0. HUMPREY,
Plaintiff/Petitioner
V.
TYESHA N. MOSLEY,
Defendant/Respondent
IN CUSTODY
NO. 2002-3189 CIVIL TERM
IN RE: EMERGENCY PETITION FOR CUSTODY MODIFICATION
SCHEDULING ORDER OF COURT
Z>-*
AND NOW, this 44 day of July 2012, upon consideration of Petitioner's
Emergency Petition for Custody Modification, a hearing is scheduled for 16 July 2012
at 3:00 p.m. in Courtroom Number 6 of the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania 17013.
PETITIONER shall effectuate service upon Respondent. Proof of service shall
be filed prior to the time of the hearing.
The sole issue to be addressed at the hearing is the immediate health and
welfare of Tyric N. Mosley. Petitioner shall have Tyric N. Mosley present at the hearing.
All other custody issues shall be referred to a Custody Conciliator.
V 114VAI d
xwco no
61 =6 WV S- lfir z?
40-
IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT
Thomas A. Placey C.P.J.
Distribution List:
Lawrence J. Rosen, Esq.
1101 North Front Street
Harrisburg, PA 17102
? Tyesha Mosely
332 Farmington Drive
Shippensburg, PA 17257
I
?L
SHARIF O. HUMPHRY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
M _a+ L_ 7 eI
V. 1_.
2002-3189 CIVIL ACTION LAW f"
-"? C:D Irk
TYESHA N. MOSLEY
IN CUSTODY C-,, :X
DEFENDANT C:'?
t?C_ N _?.
ORDER OF COURT
AND NOW, Monday, July 09, 2012 upon consideration of the attached Complaii1it,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the co?lciliator,
at _ 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 07, 2012 at 3:?0 PM
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 aPre-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 tem?orary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: __1s/ _Dawn S. Sunday, Esq.-?}? _
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Ametiicans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations I
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
? -Ty>°sdra ?? /ylos ? b
,?ow? ?sr? - Co/le.l ?7vr
7/?o/r2
L r
SHARIF 0. HUMPREY,
Plaintiff/Petitioner
V.
TYESHA N. MOSLEY,
Defendant/Respondent
"MIA
(000000Z
IN THE COURT OF COMMON PLEAS
THE NINTH JUDICIAL DISTRICT
IN CUSTODY
NO. 2002-3189 CIVIL TERM
IN RE: EMERGENCY PETITION FOR CUSTODY MODIFICATION
ORDER OF COURT
AND NOW, this 16th day of July 2012, the parties agree that Tyric N.
shall spend the remainder of the summer, prior to commencement of school, with
Father, Sharif 0. Humprey.
The Court Administrator is directed to send the remainder of the motion to
Custody Conciliator, Dawn S. Sunday, Esquire, for an expedited conciliation, if at all
possible prior to 10 August 2012, if not prior to the commencement of school of the
2012 school year.
BY T
Thomas A. PI cey C.P.J.
Distribution List:
Lawrence J. Rosen, Esq. w
1101 North Front Street v)
Harrisburg, PA 17102 r `'
For Petitioner
MC)
., J"t
3
Michael Whare
37 East Pomfret Street
Carlisle, PA 17013
For Respondent
t/ Dawn S. Sunday, Esq.
39 W. Main Street
Mechanicsburg, PA 17055
SHARIF O. HUMPREY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY
PENNSYLVANIA ' f'
,
M c.y
2002-3189 CIVIL ACTION LAW ter' N M,r
TYESHA N. MOSLEY
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, July 24, 2012 , upon consideration of the attached Complain "
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the co ciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 07, 2012 at 3:3 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in di
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a to
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/ Dawn S. Sunday, Est _
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Am(
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 arrangen
must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch
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
; or
)rary
s
a
SHARIF 0. HUMPHRY
Plaintiff
v.
TYESHA N. MOSLEY,
Defendant
IN THE COURT OF COMMON P
THE NINTH JUDICIAL COURT
CNIL ACTION - IN CUSTODY
oa-389
CIVIL N0: ~!
IN RE: CUSTODY TRIAL SCHEDULING
• , Y ; • • i
AND NOW, this 17a' day of August 2012, upon review of the Conciliation
Summary Report, a custody trial is scheduled for 21 September 2012 at'9:30 a. m
in Courtroom Number Six of the Cumberland County Courthouse, Carlisle,
Pennsylvania, at which time testimony will be taken. Plaintiff shall be deemed the
moving party and shall initially proceed with testimony.
Counsel shall attend a half hour Pre-trial Conference scheduled for 5
September 2012 at 1:30 p.m. in Courtroom Number Six of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
Counsel shall prepare and shall file with the court and serve upon the other
a pre-trial statement no later than 31 August 2012. The pre-trial statement shall
include the following matters, together with any additional information regdired by
special order of the court:
a. The name and address of each expert whom the party intends to call
trial as a witness. A report of each expert witness listed shall' be i
with the pre-trial statement to opposing counsel but not the court.
report shall describe the witness's qualifications and experience and
the substance of the facts and opinions to which the expert is expected
testify and a summary of the grounds for each opinion;
b. The name, address and a short summary of the testimony of each
person, other than the party, whom the party intends to call ~t trial as
witness, a summary paragraph of the anticipated testimony df each
witness and a statement by counsel that counsel has communicated
each witness whose anticipated testimony is summarized;
c. The name and age of any child witness either party proposes'to call as
witness, together with a summary paragraph of the anticipated testimonial
area for each child that either party intends to call at trial;
d. A list of proposed questions the court may ask, in camera, of'any child
witness;
e. A list of all of the exhibits which the party expects to offer in evidence,
each containing an identifying mark, together with an indication that
exhibit has been given to opposing counsel;
f. The pre-trial statements, summaries, and the identified exhibit list may
also be submitted electronically in PDF format via email to the opposing
counsel and the court; and
g. A proposed final custody order.
2. If a party fails to file apre-trial statement as required by paragraph number 1,
the court may make an appropriate order under Rule 4019(c) governing
sanctions.
a. Except for good cause shown, a party who fails to comply with the
requirements of paragraph number 1 of this Order shall be barred from
offering any testimony or introducing any evidence in support of or in
opposition to claims for the matters not covered therein.
3. Except for good cause shown, a party shall be barred from offering any
testimony or introducing any evidence that is inconsistent with or which goes
beyond the fair scope of the information set forth in the pre-trial statement.
4. Unless otherwise ordered by the court, the parties may amend their pre-trial
statements at any time, but not later than seven days before trial.
5. At the pre-trial or status conference, the following shall be considered:
a. the narrowing of the issues;
b. the entry of a scheduling order;
c. the special scheduling of any child witness either party intends to call
trial;
d. the possibility of obtaining admissions of fact and of documernts which gill
avoid unnecessary proof;
e. the limitation of the number of expert witnesses;
f. settlement and/or mediation of the case; and
g. such other matters as may aid in the disposition of the case.
6. The court shall make an order reciting the action taken at the conference and
the agreements made by the parties as to any of the matters considered, and
limiting the issues for trial to those not disposed of by admissions or
of the attorneys. Such order shall control the subsequent course of!the action
unless modified at the trial to prevent manifest injustice.
By the Court,
Thomas A. P a y, C.P.J.
Distribution List: ~ ~~''
r~ Lawrence J. Rosen
Esq. °Z7 ~
~ ~ t~.a
~ ~1
-~ ~;
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1101 N. Front Street
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Michael J. Whare A ~ ~" -; ~""~
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Carlisle, PA 17013
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SHARIF O. HUMPHRY
vs.
TYESHA N. MOSLEY
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVA
2002-3189 CIVIL ACTION LAW
IN CUSTODY
Prior Judge: Thomas A. Placey
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
The pertinent information concerning the Children who aze the subjects of this li
follows:
NAME
DATE OF BIRTH CURRENTLY IN CUSTODY OF
Tyara Mosley December 30, 1997 Mother
Tyric Mosley December 30, 1997 Mother
2. A custody conciliation conference was held on August 7, 2012, with the fo
individuals in attendance: the Father, Sharif O. Humphry, with his counsel, Lawrence J.
Esquire, and the Mother, Tyesha N. Mosley, with her counsel, Michael Whaze Esquire.
3. This Court previously entered an Order in this matter on November 2, 200 under
Mother has primary physical custody of the Children and the Father has partial custody on
Saturdays from 12:00 noon until 7:00 p.m. and on alternating Mondays. This Court sul
entered an Order on the Father's Petition for Emergency Relief under which the Court tE
ordered that Tyric would reside with the Father for the remainder of the summer school
directed the remaining issues, including the Father's Petition for Contempt and IWlodific
conciliation conference to be held prior to the beginning of the school yeaz.
4. At the time of the conciliation conference, several options were discussed for reso
the issue as to the primary physical custody of Tyric only. The parties agreed that Tyaza will
to reside with the Mother. It was agreed at the end of the conference that the conciliator we
the matter open until the Father and his counsel could have further discussions and c>etermine
any of the options would be acceptable or whether a hearing would be necessary. The concil
now been advised by the Father's counsel that the Father is requesting the scheduling of a hear
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5. The Father's position on custody is as follows: The Father indicated that Tyric, who s 14
years old, desires to live with the Father primarily and to go to school in Harrisburg where the F ther
resides. The Father advised that he plans to enroll Tyric in either St. Mazgazet Mary school o the
Math and Science Academy, if Tyric qualifies for enrollment in that institution. The Father bel eves
that Tyric is upset about how he is treated at the Mother's home and also that he is not satisfied with
his school experience in Shippensburg. The Father acknowledged that Tyaza has indica d a
preference to remain in the Mother's custody and he is not seeking a change to the custodial sch dule
for her.
6. The Mother's position on custody is as follows: The Mother believes that while Tyri may
be expressing a preference to live with the Father at this time, it is not in his best irsterests to o so.
The Mother does not believe that the Child is safe in the area of the city where the Father resides. She
expressed concern that the Father does not provide adequate supervision to ensure the Child's s fety.
The Mother emphasized that she has provided the primary care for Tyric for 14 years and that it ould
be detrimental to the entire household to remove Tyric from his sister and the rest of the family. The
Mother believes that the Shippensburg school is the best place for the Child to receive the servi she
requires for his learning disability. The Mother strongly opposes the Father's request for p many
physical custody of Tyric.
7. It was unclear as to whether the Court intended at the time of con$ideration f the
Emergency Petition to hold a hearing, if necessary, prior to the beginning of the 2012-2013 s hool
yeaz. If that is the case, it should be noted that the Mother's counsel will be unavailable due to ravel
from August 10 through August 22. It is anticipated that approximately one-half day wo d be
necessary for the heazing as there do not appear to be any expert witnesses anticipated,
8. The conciliator recommends an Order in the form as attached scheduling a hearing.
Date ~ Dawn S. Sunday, Es
Custody Conciliator