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HomeMy WebLinkAbout02-3428EVELYN R. REEDER and ROBERT L. REEDER, Plaintiffs V. SHARON ROUSH and MICHAEL URY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY CIVIL TERM 1. The Plaintiffs are Evelyn R. Reeder and Robert L. Reeder, husband and wife, who are adult individuals residing at 570 East Old York Road, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendants are Sharon Roush, an adult individual residing at 2127 Pine Road, Newville, Cumberland County, Pennsylvania, and Michael Ury, an adult individual residing at 1550 Williams Grove Road, Lot 57, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiffs seek custody of the following child: Name Present residence Age Kylee R. Ury 2127 Pine Road 11 Newville, Pennsylvania The child was born on September 14, 1990. There are no prior Orders in this case. The child was not born out of wedlock. The child is presently in the custody of Sharon Roush at 2127 Pine Road, Newville, Cumberland County, Pennsylvania. During the past ten years, the child has resided with the following persons at the following addresses: Persons Sharon Roush David McKeehan Evelyn R. Reeder Robert L. Reeder Residences 2127 Pine Road Newville, Pennsylvania 570 E. Old York Road Boiling Springs, PA Dates July 9, 2002 to Present 1993 to July 9, 2002 The natural mother of the child is Sharon Roush, currently residing at 2127 Pine Road, Newville, Cumberland County, Pennsylvania. She is not married. The natural father of the children is Michael Ury, currently residing at 1550 Williams Grove Road, Lot 57, Mechanicsburg, Cumberland County, Pennsylvania. He is married. 4. The relationship of the Plaintiffs to the child is that of maternal grandparents. The Plaintiffs currently reside alone, however, the child had resided with them since approximately age 2. The grandparents have standing to bring this action pursuant to 23 Pa.C.S.A. section 5312, because the child has resided with the grandparents for a period in excess of 12 months. 5. The relationship of the Defendants to the child is that of natural mother and father. The natural mother currently resides with her boyfriend, David McKeehan, her son, Adam Roush and the child in question, Kylee Ury. 6. Plaintiffs have not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claim to have custody or visitation rights with respect to the child. 7. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. VVHEREFORE, Plaintiffs request your Honorable Court to grant them primary physical custody of the child. Date: '7-/~. ~ Z- mas.dirldomesticlcustodylreeder .pet Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Complaint For Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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 falsifications to authorities. DATE: I~elyn R. Reeder Robert L. Reeder VERIFICATION The statements in the foregoing Complaint For Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own..I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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 falsifications to authorities. DATE: "~ - ,/~' ,~',,',',~ ~velyn R. Reeder Robert L. Reeder EVELYN R. REEDER and ROBERT L. REEDER, Plaintiffs V. SHARON ROUSH and MICHAEL URY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ~V.z ~' CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION FOR SPECIAL RELIEF IN CUSTODY CASE PURSUANT TO PA.R.C.R 1915.13 The Plaintiffs are Evelyn R. Reeder and Robert L. Reeder, husband and wife, who are adult individuals residing at 570 East Old York Road, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendants are Sharon Roush (hereinafter "mother"), an adult individual residing at 2127 Pine Road, Newville, Cumberland County, Pennsylvania, and Michael Ury (hereinafter "father"), an adult individual residing at 1550 Williams Grove Road, Lot 57, Mechanicsburg, Cumberland County, PA 17055. 3. The child's name is Kylee Ury, (hereinafter "child") born September 14, 1990, age 11. 4. The Plaintiffs are the maternal grandparents of the child. 5. The Defendants are the natural parents of the child. 6. The Defendants are divorced and living in separate residences. The Plaintiffs have filed a custody complaint seeking custody of the child. There are no custody Orders in effect with respect to the child. Since approximately age 2, the child has resided with the Plaintiffs with the consent of the mother. 10. The Plaintiffs have provided most of the care for the child since the child was 2 years of age, and the Plaintiffs stand in/oco pamntis to the child. 11. Section 5513 of the Domestic Relations Code allows grandparents to petition for custody of a child who has resided with the grandparents for 12 months or more if the child is subsequently removed from the grandparents' home. 12. The child has never stayed away from the Plaintiffs home for more than one week at a time. 13. On July 9, 2002, mother removed the child from Plaintiffs' residence after an argument and the mother has forbidden contact between the Plaintiffs and the child since that time. 14. On July 10, 2002, the Pennsylvania State Police called the Plaintiffs to ask where they could find the child. Apparently, the child had called the State Police on a cellular phone and reported that mother was mistreating her. Plaintiffs gave the State Police mother's address so that the State Police could look in to the matter. 15. On July 11, 2002, after hearing nothing more on the July 10, 2002 incident, Plaintiffs called the State Police, who advised they had spoken with mother and that "everything was ok." The State Police did not interview Kylee. 16. Mother is leaving Kylee with a babysitter at present despite both Plaintiffs being retired and available to supervise Kylee during the day. 17. An acquaintance of Plaintiffs' said they saw Kylee recently and Kylee was crying because of being left with a babysitter during the day. 18. Kylee is a special needs child and suffers from seizures. 19. Mother will not allow the child to call Plaintiffs on the telephone. 20. The natural father, Michael Ury, has been contacted by Plaintiffs and he desires that the child be returned to live with the Plaintiffs. 21. 'Aside from a pillow and blanket, all of the child's belongings remain at the Plaintiffs' residence. 22. Undersigned counsel is not aware that mother is represented by counsel in this matter. WHEREFORE, Plaintiffs request your Honorable Court to set up a brief hearing to review the allegations in this emergency petition and either award Plaintiffs primary physical custody or partial custody of the child pending a conciliation conference. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: '"]* I~.°~ IVl~chael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticlcustodylreeder .pet VERIFICATION The statements in the foregoing Emergency Custody Petition are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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 falsifications to authorities. DATE: 7 -',/(~ ~) ~q- (~ z'~' j~.~-v R: 15,e~der Robert L. Reeder EVELYN R. REEDER and ROBERT L. REEDER, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 5¥~' CIVIL TERM SHARON ROUSH and MICHAEL URY, Defendants CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this/~r/-~ day of July, 2002, upon consideration of the within Petition for Special Relief, a brief hearing is set on the matter for ~~z,¢~, the day of (~~ ,2002 at~;3(J ~/p.m. in Courtroom Number . Cumberland County Courthouse, Carlisle, Pennsylvania. /-/ of the The natural mother is directed to bring the child, Kylee Ury, to the hearing. By the Court,/ Michael A. Scherer, Esquire 17 W. South Street Carlisle, PA 17013 Sharon Roush 2127 Pine Road Newville, PA 17241 Michael Ury 1550 Williams Grove Road Lot 57 Mechanicsburg, PA 17055 EVELYN R. REEDER and ROBERT L. REEDER, Plaintiffs VS. SHARON ROUSH and MICHAEL URY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 02-3428 CIVIL CIVIL ACTION - LAW IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this ~' & ' day of July, 2002, after heating, the petition of the plaintiffs for emergency relief is DENIED. Primary legal and physical custody of the child, Kylee, is awarded to her mother subject to rights of partial custody in the plaintiff grandparents every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. commencing August 2, 2002. This order is entered without prejudice to the defendant, Sharon Roush, to further litigate the question of whether the plaintiffs have standing. It is also entered without prejudice to the plaintiffs to continue to litigate the question of whether or not they should have primary physical custody. ~'Michael A. Scherer, Esquire For the Plaintiffs /Kara Haggerty, Esquire For the Defendant Roush ~'Michael Ury BY THE COURT, ~e~/~. Hess, J. VERIFICATION The statements in the foregoing Emergency Custody Petition are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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 falsifications to authorities. DATE: DATE: ~ 'Evel~/n R~-~e~der RobeR L. Reeder EVELYN R. REEDER AND ROBERT L. REEDER PLAINTIFF : : V. SHARON ROUSH AND MICHAEL URY : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3428 CIVIL ACTION LAW IN CUSTODY ._ ORDER OF COURT AND NOW, Tuesday, July 23, 2002 , 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 Friday, August 09, 2002 at 10:30 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 beard 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 aH 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, 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 EVELYN R. REEDER and ROBERT L. REEDER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHARON ROUSH and MICHAEL URY, : NO. 02 - 3428 CIVIL Defendants : IN CUSTODY COURT ORDER AND NOW, this //~ day of August, 2002, the conciliator being advised that the parties have reached an agreement in the above matter, the conciliator relinquishes jurisdiction. BY THE COURT, OCT 3 El 200? CONNIE R. STRAYER, Plaintiff CHARLES B. STRAYER, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 3428 CIVIL : 1N CUSTODY COURT ORDER AND NOW, this c~ ~ day of October, 2002, the conciliator being advised that the parties have reached an agreement in the above matter, the conciliator relinquishes jurisdiction. BY THE COURT, Custody Co~l'liator