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HomeMy WebLinkAbout06-7331r c MICHAEL T. MCSHERRY, Plaintiff V. BECKY J. MCSHERRY, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Michael T. McSherry, an adult individual currently residing at 101 Independence Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Becky J. McSherry, an adult individual whose last residence is 101 Shippensburg Drive, Shippensburg, Cumberland County, Pennsylvania, but who alleged she was moving to her mother's residence on December 26, 2006, only to return unexpectedly apparently on the advice of her legal counsel. 3. The parties are the natural parents of two (2) children, namely, Tyler Michael IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN CUSTODY McSherry, born September 14, 1998 and Braden Michael McSherry, born June 6, 2000. The children were not born out of wedlock. 4. For the past five (5) years, or since the children were born, the children have resided with the following persons at the following addresses for the following periods of time: NAME Becky J. McSherry Michael T. McSherry ADDRESS 101 Independence Drive Shippensburg, PA 17257 DATES prior to December 2001 to present On December 26th, 2006 Defendant removed Tyler McSherry from the home and left him at her mother's residence where she alleged she was moving, but only to return unexpectedly apparently on the advice of counsel. The natural mother of the child is Becky J. McSherry who resides as aforesaid. She is married. The natural father of the child is Michael T. McSherry who resides as aforesaid. He is married. 5. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides at this time with the both of the children and the Defendant. 6. The relationship of the Defendant to the children is that of natural mother. Defendant appears to be residing at the 101 Independence Drive, Shippensburg, Pennsylvania address, although her future intentions are not known. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. 8. Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the children to grant the relief requested because: a) Plaintiff is better able to provide for the day to day psychological, emotional, educational, and physical needs of the children. b) Defendant has illustrated an inability due to her health and other reasons, to maintain a consistent and routine schedule for the children and provide for their necessary care. C) Plaintiff is more willing to provide extensive contact and a positive relationship between the children and the other parent. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time he should be granted joint, legal, and primary physical custody of the child. Respectfully submitted, riff , Esquire rney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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. Section 4904, relating to unsworn falsifications to authorities. DATE: I? c?U C? MICHAEL T. MCSHERRY 74- 1 O MICHAEL T. MCSHERRY, Plaintiff V. BECKY J. MCSHERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1915.13 AND NOW, comes Petitioner, Michael T. McSherry by and through his counsel of record Bradley L. Griffie and the law firm Griffie and Associates and petitions the Court as follows: 1. Petitioner, Michael T. McSherry, is the above named Plaintiff and an adult individual currently residing at 101 Independence Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Respondent, Becky J. McSherry, is the above named Defendant and an adult individual whose residence remains 101 Independence Drive, Shippensburg, Cumberland County, Pennsylvania, but who alleged she was moving to her mother's residence on December 26, 2006, only to return unexpectedly apparently on the advice of her legal counsel. 3. The parties are the natural parents of two children namely, Tyler Michael McSherry, born September 14, 1998 and Braden Michael McSherry, born June 6, 2000. 4. Contemporaneously with filing this Petition for Special Relief, Plaintiff has filed a Complaint for Custody requesting primary physical custody of the children. 41 5. For an extended period of time, Respondent has been experiencing a wide array of medical difficulties associated with her diagnosis of Lupus. 6. Due to Respondents medical difficulties she is routinely hospitalized for varying periods of time and has been hospitalized at least four times in the last three months. 7. Respondent's illness causes her to be physically and emotionally unavailable to provide care for the children for extended periods of time. 8. Petitioner has been the primary caretaker of the children and has seen to meeting their physical, emotional, mental, and other needs. 9. In addition to the limitations on her ability to care for the children imposed on Respondent due to her medical condition, she has recently shown signs of having an addiction to pain and depression medications, which has caused her to act irrationally and incoherently. 10. Respondent is using a wide array of pain and antidepressant medications, including Cymbalta, which may create unexpectedly side affects and drug interactions. 11. In a most recent episode which occurred on or about October 18, 2006, Respondent who was hospitalized at the M.S. Hershey Medical Center at the time, left the Medical Center against medical advice. (AMA) 12. At the time Respondent left the hospital, she had a main line intravenous infusion which was still in place when she left hospital. 13. At the time she left the hospital, Respondent was on a high dosage of pain medication. 14. The Derry Township Police Department contacted Petitioner due to the fact that Respondent had left the hospital AMA under the conditions indicated and requested that Petitioner contact them if and when Respondent arrived at home. 15. When Respondent arrived at home Petitioner called the Derry Township Police and advised them of the fact that she was there, at which time, Respondent took over the telephone conversation with the Derry Township Police Department. 16. During the telephone conversation with the Derry Township Police Department, Respondent advised them in front of Petitioner and Petitioner's father, that if the police wanted to see her pull her main line IV out, they needed to hurry and get to her house. 17. In the next instant, Respondent pulled the IV out of her jugular vein necessitating attention by her and by Petitioner to control bleeding, which action was done while Respondent continued to make irrational statements to the Derry Township Police Representatives. 18. The Derry Township Police Department representatives advised Petitioner that they would assist him in taking action to have the Respondent involuntarily committed, but Petitioner chose to not do so, determining that with his medical background, he could assist in caring for Respondent and helping her through that difficult time. 19. Respondent has recently begun advising Petitioner that she is going to demand a divorce, that she will have sole custody of the children, and that he will not have contact with the children. 20. Petitioner is gainfully employed as an X-Ray Supervisor at the Gettysburg Hospital, where he works Monday through Friday during day-light hours. 21. In the past, when Respondent is not hospitalized or otherwise unavailable to care for the children she has provided limited care for the children before school and after school, or has been assisted by her mother, the children's maternal grandmother. 22. On or about December 26, 2006, Respondent surreptitiously snuck from the home and advised the parties' one child, Tyler McSherry to sneak outside the home and meet her so that they could go to the maternal grandmother's home. 23. Immediately after this incident, Respondent left Petitioner with the impression that Respondent would not be returning Tyler to him, nor would she be returning to the home. 24. At the time of this incident, Petitioner was playing with his other son, Braden McSherry, inside the home and was not aware that this was occurring. 25. Respondent has recently begun downgrading Petitioner to the parties' children, suggesting that he would hurt them, that his not nice because he corrects and punishes them, and that they should be afraid of Petitioner and not listen to him. 26. Respondent has recently begun contradicting Petitioner in front of the children, refusing to correct the children and suggesting that Petitioner is mean and does not love them when he is obligated to correct them or punish them for their wrong conduct. 27. Respondent's conduct is creating great confusion for the young sons of Petitioner and undermines Petitioner's authority over and concern for his sons. 28. After the incident where Respondent left the marital residence with Tyler and indicated she would not be returning, Petitioner retained custody of Braden and made arrangements for his care during before and after school periods. 29. Respondent returned to the home with Tyler unexpectedly on December 28, 2006, suggesting that she may now be remaining at the home on the advice of her legal counsel. 30. Petitioner believes and therefore avers that the Respondent is unstable and otherwise, due to her medical and physical ailments, is not able to provide for the needs of the children at this time. 31. Petitioner, due to the most recent, irrational, and physically harmful conduct in leaving the Hershey Medical Center AMA and personally removing her main intravenous tube, has illustrated conduct that could be very harmful to her and to the children if they are left in her care at this time. 32. Petitioner wishes to retain custody of both children and provide for their needs pending the Conciliation Conference scheduled in this matter on Petitioners Complaint for Custody, but is fearful actions that Respondent will take actions to take custody of both children to Petitioner's exclusion or otherwise intervene in this matter through self-help that would be detrimental to the children. 33. In the recent past, Respondent has advised Petitioner that Respondent will allege Petitioner is abusive to her or the children, or make any other allegations which may deem necessary in order for her to damage Petitioner's relationship with the children and in order for her to present herself in a more favorable light to the children and the Court. 34. Respondent's conduct is so irrational as to create great concern for Petitioner that Respondent will abscond with the children and take actions that could be harmful to the children if Petitioner does not initiate legal action to secure Court Ordered custody of his sons. 35. Petitioner is concerned that if his legal counsel makes contact with Respondent without a Court Order in place, Respondent may very well react in a manner that would be harmful or detrimental to the children. 36. Petitioner has allowed the children to remain at the marital residence during his work day at the present time so as not to create fear or concern in Respondent which could cause a reaction that could be harmful to the children. 37. Should Petitioner be granted primary physical custody of the children, he has made arrangements for their before and after school care with a third party who can provide them with the necessary protection to avoid Respondent's anticipated irrational, extreme, ad incoherent reaction. 38. Petitioner has been advised by Respondent that she has spoken to at least three different attorneys from three different law firms over the past several weeks or last few months relative to a divorce and custody and related matters, but she has not disclosed to whom she will retain should a divorce or custody action initiated at this time. 39. Counsel for Petitioner has been able to give prior notice to counsel for the Respondent because counsel for the Respondent is unknown at this time. 40. This matter requires the urgent intervention of the Court by providing Petitioner with custody of the children to avoid the children being harmed in any way pending a hearing in this matter. WHEREFORE, Petitioner requests your Honorable Court to enter an Ex parte Emergency Order providing him with primary physical custody of the parties children pending further Order of Court or agreement of the parties. Respectfully submitted, /J rifflesquire ( rney for Plaintiff/Petitioner 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 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. Section 4904, relating to unsworn falsifications to authorities. DATE: MICHAEL T. MCSHERRY O1 c? O I 0 _ F o m ? o J DEC S 9 200 MICHAEL T. MCSHERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BECKY J. MCSHERRY, NO. 06- 7331- CIVIL TERM Defendant IN CUSTODY ORDER OF COURT z?0 AND NOW, this day of -Yo.huo,r ,upon presentation and consideration of the within Petition it is HEREBY ORDERED AND DIRECTED that Petitioner, Michael T. McSherry shall have primary physical custody of his children, Tyler Michael McSherry, born September 14, 1998 and Braden Michael McSherry, born June 6, 2000, pending further Order of Court or agreement of the parties. Upon request of either party, the Court will schedule a special hearing on this matter if the issue of custody cannot be resolved prior to, or at the time of the presently pending Conciliation Conference in this matter. BY THE COURT, MICHAEL T. MCSHERRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BECKY J. MCSHERRY DEFENDANT 06-7331 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 02, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 25, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older 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/ ac ueline M. Verne Es q. Custody Conciliator ity 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 90 `£ Wd £" NVr- LOOZ AWOiV 1t., O8d 3H1. n 3O'l_I,t??U MICHAEL T. McSHERRY, Plaintiff VS. BECKY J. McSHERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OCo - '1331 NO. 2200A CIVIL ACTION -LAW CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCES TO THE PROTHONOTARY: Kindly withdraw the appearance of Martha B. Walker, Esquire, as attorney for Defendant, Becky J. McSherry, in the above-captioned matter. Date: !?6L By; 2/" f'3, '4?? MAR A B. WALKS ESQUIRE Attorney I.D. No. 15989 33 South Main Street Chambersburg, PA 17201 Telephone No. (717) 262-2185 Kindly enter the appearance of Maria P. Gognetti, Esquire, as attorney for Defendant, Becky J. McSherry, in the above-captioned matter. Date: J(, /0 1 By: MARIA P. COO1 ETTI, ESQUIRE Attorney T.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 C C - p rr GO W 0 5 2001 MICHAEL T. MCSHERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-7331 CIVIL ACTION - LAW BECKY J. MCSHERRY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this `% day of V\ 0.C Ar,? , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated January 2, 2007 is hereby vacated. 2. The Father, Michael T. McSherry and the Mother, Becky J. McSherry, shall have shared physical and legal custody of Tyler Michael McSherry, born September 14, 1998 and Braden Michael McSherry, born June 6, 2000. The parties shall exchange all school information concerning the minor children, including, but not limited to, report cards, tests, homework assignments, (both completed and due), pictures, activity notices, parent/teacher conference information, and any other information which would be helpful to each parent in ensuring that the minor children are prepared in all respects for school. This transfer of information, and any other information shall be effectuated at the exchange of custody; however, additional information received by either parent at any other time shall be promptly provided to the other parent. Each parent shall be entitled to have access to any and all school records of the minor children's school in the case of emergency or other needs. This provision is not intended to suggest that either parent is limited in the information they may receive and the input they may provide relative to the children's situations where information is provided solely to one parent. 3. The parties shall share physical custody of the children on the following schedule: A. Father shall have custody from 7:00 a.m. Monday morning until 7:00 a.m. on Wednesday morning; B. Mother shall have custody from 7:00 a.m. on Wednesday morning until 7:00 a.m. on Friday morning; C. Alternating custody with the parties for the period from 7:00 a.m. on Friday until 7:00 a.m. on Monday such that Father will have custody from 7:00 a.m. on Friday until 7:00 a.m. on Monday on the first weekend after the date of this Order and Mother shall have custody from 7:00 a.m. on Friday until 7:00 a.m. on the second weekend after the date and so on. 4. During the summer, the same schedule shall apply, except that Mother shall have physical custody of the children while Father is at work. 5. The children shall always be with Mother on Mother's Day and shall always be with Father on Father's Day for the period from 9:00 a.m. until 7:00 p.m. on each such holiday. 6. During the Easter holiday season, the parties shall alternate physical custody between the following two periods: A. From 6:00 p.m. on the last day of school before the Easter break until 6:00 p.m. on the Saturday before Easter; and B. From 6:00 p.m. on the Saturday before Easter until the end of the Easter break when the children return to school. Father shall have the first period set forth above and Mother shall have the second period set forth above for Easter 2007 and all odd-numbered years thereafter. Mother shall have the first period set forth above and Father shall have the second period set forth above for Easter 2008 and all even- numbered years thereafter. 7. The parties shall alternate physical custody of the children on the summer holidays as follows: A. In 2007 and all odd-numbered years thereafter Father will have custody of the children on Memorial Day and Labor Day from 7:00 a.m. on the holiday until 7:00 a.m. on the day after the holiday and Mother will have custody on the Fourth of July from 7:00 a.m. on the holiday until 7:00 a.m. on the morning after the holiday; B. For 2008 and all even-numbered years thereafter, Mother will have custody on Memorial Day and Labor Day from 7:00 a.m. on the holiday until 7:00 a.m. on the day after the holiday and Father will have custody on the Fourth of July from 7:00 a.m. on the holiday until 7:00 a.m. on the day after the holiday. 8. The parties agree to cooperate and participate in a custody evaluation performed by Kasey Shienvold. Father shall be responsible for paying for the retainer, but reserves the right to request that the cost ultimately be apportioned between the parties. 9. The parties shall each have two non-consecutive weeks of custody in the summer provided they give the other party 30 days prior notice. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference may be scheduled when the custody evaluation is complete. BY THE COURT, --? UA V hk M.L. Ebert, Jr., J. cc;?Wradley L. Griffie, Esquire, Counsel for Father __,A46rie P. Cognetti, Esquire, Counsel for Father r A Jllvl': L ,HL MICHAEL T. MCSHERRY, Plaintiff V. BECKY J. MCSHERRY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-7331 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., 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 Tyler Michael McSherry September 14, 1998 shared Brandon Michael McSherry June 6, 2000 shared 2. A Conciliation Conference was held in this matter on March 2, 2007, with the following in attendance: The Father, Michael T. McSherry, with his counsel, Bradley L. Griffie, Esquire, and the Mother, Becky J. McSherry, with her counsel, Maria P. Cognetti, Esquire. 3. The Honorable M.L. Ebert, Jr. previously entered an Order of Court dated January 2, 2007, providing for Father to have primary physical custody. 4. The parties agreed to an Order in the form as attached. 3 -a ?b 7 ?. V Date acq line M. Verney, Esquire Custody Conciliator JAN 3 0 2008 MICHAEL T. MCSHERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-7331 CIVIL ACTION - LAW BECKY J. MCSHERRY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 291h day of January, 2008, neither party having contacted the Conciliator to schedule another conference and more than ninety days have passed since the prior Order of Court, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, 1 i 4jequ ne M. Verney, Esquire, Custody 064ciliator Last Printed: February 3, 2010 1:36 PM FILED-41t i=ICP 2010 FEB 25 AIN 9 f * 24 !'?..i •.` ?S...y1•.^• -.Ifs MICHAEL T. MCSHERRY, Plaintiff V. BECKY J. ROSENBERRY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 0(0-733( DOCKET NO. 4;3 - CIVIL ACTION - LAW IN CUSTODY PRAECIPE Please withdraw the appearance of Maria P. Cognetti, Esquire, on behalf of Becky Rosenberry, Defendant in the above-captioned action, and enter the appearance of Becky Rosenberry, pro se. Respectfully Submitted, iZ CLSl Becky Rosenberry, pro se 101 Independence Drive Shippensburg, PA 17257 Telephone: (717) 532-8589 DATE: MARIA P. COGNET-'I & ASSOCIATES Maria P.1 Co tti, Esquire Attorney I 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 09-4060 DATE: 211 ? /O