HomeMy WebLinkAbout97-01659
1
....k~,!~\
'I:itifiif,. .
.,>:1
.:-r(;~~:':"
,i~:::""
.,;.'
:'
.
LINDA M. RICH,
PLAINTIFF
V.
JOHN K. RICH,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNlY, PENNSYLVANIA
: 97-1659 CIVIL TERM
ORDER OF COURT
AND NOW, this ~ day of November, 1999, the court taking
judicial notice that John K. Rich appeared in Cumberland County and posted bail on the
charges filed against him as referenced in the within petition, the petition for emergency
relief, IS DENIED.
By the Court,y /
, /"
/,/
( //0
Ed~ley, J/
I
,
Samuel L. Andes. Esquire
For Plaintiff
_ ~",~..:...c,d. 11!.:l.Y!'l'f.
..d. ~.
'->
Johnna J, Deily, Esquire
For Defendant
t
:saa
"
I'
Ii
I
LINDA M, RICH,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Plaintiff
vs.
II
II
II
I
I
II
CIVIL ACTION - LAW
JOHN K. RICH,
Defendant
NO,
97-1650 CIVIL TERM
PLAINTIFF'S PETITION FOR EMERGENCY
RELIEF AND TEMPORARY ORDER
AND NOW comes the above-named Plaintiff, Linda M, Rich, by her attorney,
Samuel L, Andes, and petitions the Court for an emergency modification of its order of 8
June 1999, based upon the following:
II
I 1. The Petitioner herein is the Plaintiff, Linda M, Rich, an adult individual who
! resides at 415 Limestone Road in Carlisle, Cumberland County, Pennsylvania,
I 2, The Respondent herein is the Defendant, John K. Rich, an adult individual
I who resides at 17119 Carriage Dale Court in Spring, Texas.
II
Ii 3, The parties are the parents of three children, two of whom are minors and are
II the subject of this custody action. Those children are John p, Rich, born 27 May 1986,
III and Jaime L, Rich, born 10 August 1983. Pursuant to this Court's Order of 8 June
1999, primary physical custody of John p, rich is with the Plaintiff and primary
II physical custody of Jaime L. Rich is with the Defendant and she now resides with him
I'
II in Texas,
II
II
Ii
I!
H
'I
'I
I,
Ii
i!
Ii
"
Ii
4, Recent events make it appropriate for this Court to modify the terms of its
custody order of 8 June 1999, Those events include:
A. Plaintiff has learned in the recent past that the Defendant
committed a felony by forging her name to various documents and using
those forged documents to obtain bank financing for his benefit.
B, The authorities in Pennsylvania have investigated the
Defendant's actions regarding the forged instruments and Plaintiff has been
advised that they intend to charge the Defendant with at least one felony
I
I
I
I charge, arrest the Defendant in Texas, and have him extradited to
II
'II Pennsylvania for trial on those charges,
Ii 5, The child Jaime 1-. Rich, has resided in Pennsylvania all of her life except for
:1
il the period from May 1999 to the present, when she lived in Texas with the Defendant.
II
I,
Ii 6. The child, Jaime L, Rich, has no relatives or family in the state of Texas and
II her family is here in Pennsylvania, Other than the Defendant's present wife, the said
'I child has no persons close to her living in Texas and has no other connection to Texas.
Ii 7. Plaintiff seeks emergency action by the Court, in the form of a exparte order
!I granting her primary physical custody of the child Jaime L. rich, for the following
Ii
d
II
'I
i:
Ii
I
II
Ii
II
II
"
:i
II
Ii
'I
[I
I
I
II
[i
II
II
I'
Ii
Ii
II
Ii
!I
II
j:
it
11
'j
,
'.
reasons:
A, Plaintiff believes that the Defendant will be arrested in Texas and
held there for extradition back to Pennsylvania,
8, Because of the enormity of the dollar amount involved in
Defendant's forgery and bank transactions (which Plaintiff believes exceeds
$400,000.00), Plaintiff believes that the Defendant will be unable to post
adequate bond to obtain his release pending trial.
C, Plaintiff does not believe the child can be properly cared for in
Texas without the physical presence of the Defendant.
D, Plaintiff believes that the arrest of the Defendant will cause
sufficient upset and trauma to the child, lmd sufficient humiliation to her
in Texas, that she will need the emotional and family support of her brother
and sister and mother, all of whom who reside here in Pennsylvania, and
other members of her extended family, who also reside here in
Pennsylvania.
E, Plaintiff is concerned that, if Defendant learns of his impending
arrest, Defendant may attempt to nee and take the child with him,
Defendant's move to Texas in the Spring of 1999 was motivated primarily
by Defendant's desire to avoid the financial problems he faced as a result of
the failure of his business and Plaintiff believes that an arrest for this
"
"
II
II
I,
II
II
I
I
forgery charge will aggravate all of the Defendant's problems to the point
that he may well nee those problems and take the child with him.
8, Plaintiff has always been a parent directly involved in the primary custody and
care of Jaime L. Rich, Plaintiff resides here in Pennsylvania with the younger brother
and older sister of the child and can offer Jaime L. Rich a stable and suitable home in
which to reside during the problems involving her father.
WHEREFORE, Plaintiff prays this Court to enter an order granting her primary
II
physical custody of the child and authorizing authorities within the state of Texas to
deliver physical custody of the child to Plaintiff,
I
!I
I,
'I
!I
il
'I
si'~ ~~
S uel L, Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12110 Street
Lemoyne, PA 17043
(717) 761-5361
I
I
I
II
II
II
!I
II
I,
I
II
.1
::
'I
II
,
Ii
Ii
I'
Ii
I
i
,
COMMONWEALTH OF PENNSYLVANIA
ss.:
COUNTY OF CUMBERLAND
LINDA M. RICH, bcing duly sworn according to law, dcposcs and says that the
facts set forth in the forcgoing documcnt are true and correct to the best of her
knowledge, information, and belicf.
!I
II
I
I Sworn to and subscrib~d
II beforc me this 22.rYLday
I of IJovtmbvJ ,1999,
II
I
I
-i&.?1dJ n7fl;A
N A M, RICH
i
'I
:i
"
II
II
I
Ii
I
~ARW:'WL5;]
NlYU, ROSEW. Nal:Iy PdlIc
l8lqne Ilcro. Cu.'rblfle,1d Clulrt. PA
-!:"'~'^"E'()"''''II''',?ll, ~
I
I
I
I,
il
I!
!,
I!
ij
t
(6) If the father travels to this area during periods between now and July 25,
1999, the mother shall make John and Jaime available to visit with him.
(7) The father and mother shall thereafter have reasonable periods of temporary
physical custody of the child that is living with the other parent. Given the current state
of estrangement between the father and John and the mother and Jaime. and given the
arrangements set forth in this order for the summer of 1999, we are not willing at this
time to set the specific periods of further temporary physical custody of each child
unless the parties are (1) unable to agree to a schedule, and (2) following a further
hearing at which testimony can be taken as to what occurrs this summer.
(8) This court retains jurisdiction. If another hearing is necessary it may be
scheduled before this judge instead of being taken before a conciliator.
~
Samuel L. Andes, Esquire
For Plaintiff
Edgar B, Bayley, J.
7
l\"-J"" ~L.......' ,..,..\-(\:"(,._,,--
(" /If/q'J,
..h 'I>.
Johnna J. Deily, Esquire
For Defendant
:saa
r ~r-rJ-.:~:;:!C::
" ~ 1 .. ,..' ".").,\ny
,,; 1.';1
:lJ.Jtl',:-ij :\;!11:~3
CI ,: ,It " , (YI"rrv
\..il',~,.. ..J .........l.J1l11
PL:'-!:'~':~Y~.'i\~<! .\
LINDA M. RICH,
Plaintiff
IN TilE COURT OF COOMOO PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 97-1659 CIVIL TERM
CIVI~ ACTION - LAW
JOHN K. RICH,
Defendant
IN CUSTODY
awm OF CXXJRT
AND tol, thio f)Lfih day of '-17 )9.c;I... , 1999, upon
consideration of the atta~tody Concl1iat~n Report, it is ordered and
directed BB fo110wOl
1. A "oaring 10 ocheduled in Court Room~, of the
Currberlanc;J, County Court "ouoo, on tho .31lA day of ,
1999, atT, ,t~ o'clock, c. .m., at which tirno testimony 11 be taken. For
purposes OftIilo "oaring;--tho I'athor ohall be deemed to be the moving party
and shall proceed initially with teotimony. Counsel for the parties shall
file with the Court and oppooing counsel a Memorandum setting forth each
party'o position on custody, a list of witnesses who are expected to testify
at the Hearing and a ournmary of tho anticipated testimony of each witness.
These Memoranda shall be filed at least ten days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties,
the prior Order of thio Court dated April 26, 1999 shall continue in effect.
..
Edgar B. Bayley,
J.
cc:
Samuel L. Andes, Esquire - Counsel for Mother
Johnna J. Deily, Esquire - Counsel for Father
/
>~
~ 5..21.99
c:;L
assigned date, and prohibiting the Father from removing Jaime from
Pennsylvania pending further Order of Court. The Father subsequently filed
a letter/Petition, dated May 3, 1999, asking the Court to rescind the April
26, 1999 Order based upon explanatory information provided in the letter.
Although counsel for the parties had a telephone conference with Judge
Hoffer on the Father's Petition, no further Order was entered.
At the time of the May IS, 1999 Conciliation Conference, the Father was
residing with Jaime in Texas in violation of the April 26, 1999 Order.
Neither the Father nor the Child was present at the Conference as offered in
the Father's letter/Petition dated May 3, 1999.
4. '!he Mother's position on custody is as follows: The Mother
acknowledges that there have been problems in the relationship between the
Mother and Jaime for the past year. The Mother is concerned that she and
the Child will not be able to work out their problems, through therapy or
regular contact, if the Child remains in Texas. The Mother believes the
Father is undermining the Court's authority and the Mother's authority with
respect to the Child by flagrantly ignoring the Court's April 26, 1999 Order
prohibiting the Father from removing the Child from Pennsylvania. The
Mother seeks to have Jaime returned to Pennsylvania pending a Hearing on the
issue of relocation and ongoing custody arrangements.
5. The Father's position on custody is as follows: The Father's
position is expressed in detail in his May 3, 1999 letter to the Court.
According to the Father, Jaime wants to live in Texas with the Father and
his wife and made the decision to move voluntarily. The Father removed the
Child from school in Pennsylvania so that she could be enrolled in the Texas
school by May 3 which would enable the new school to conduct testing and
evaluations for the follOWing year. The Father intends to enroll Jaime in
surrmer programs in preparation for beginning the school year in Texas.
Apparently the Father feels that his justifications for moving Jaime to
Texas in May to finish the year in the new school outweigh the Court's
directive to refrain from removing the Child from Pennsylvania. The Father
seeks an Order approving relocation of Jaime to Texas and setting forth
partial custody arrangements for both J.P. and Jaime with the non-custodial
parent.
6. As the parties are not able to reach an agreement on custody, the
Conciliator recommends an Order in the form as attached scheduling a Hearing
and continuing in effect the April 26, 1999 Order. It is expected that
Hearing in this matter will require at least one full day. It should be
noted that the Mother's counsel plans to request the scheduling of a Hearing
on the Mother's Petition for Contempt of the April 26, 1999 Order.
I rIa..., / 3'-, /1 <J 9
Date"""V
OCi-<~' -bL~Clu-1
Dawn s. Sunday, Esquire
Custody Conciliator
LINDA M, RICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 97-1659 CIVIL TERM
JOHN K, RICH.
Defendant
IN CUSTODY
ORDER
AND NOW this )# day of ~ ,1999. upon consideration of
the attached Petition for Contempt. a Rule is hereby Issued upon the Defendant, John K.
Rich, to show cause, if any he has, why an attachment of his person should not Issue,
Said Rule is returnable at a hearing, to be held before the undersigned In Court Room
No.2 of the Cumberland County Courthouse in Carlisle. Pennsylvania. commencing at
, JM0AeXU:; o!. ~~ '
o,LIS o'c1ock~,m,on ., r 0he-F-daYOf ~lu/lLQ_ 1999. The
Defendant is hereby directed to file a written answer to the Rule contained herein no
'~h~ t'~O~kj~g;-~~ h, ..
BY THE"C RT
/
J,
""
/
LINDA M, RICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY.
PENNSYLVANIA
vs,
CIVIL ACTION - LAW
NO. 97-1659 CIVIL TERM
JOHN K. RICH.
Defendant
IN CUSTODY
PETITION FOR CONTEMPT
AND NOW comes the above-named Plaintiff. Undo M. Rich. by her attorney.
Samuel L Andes. and petitions the Court to adjudge the Defendant. John K, Rich In
contempt of Its Order of 26 April 1999. based upon the following:
1, The Pelllloner herein Is the Plaintiff. Undo M, Rich.
2, The Respondent herein Is the Defendant. John K, Rich.
3. The parties are the parent of three children. the oldest and youngest of whom
reside In the primary physical custody of Plaintiff pursuant to an Order of this Court dated
20 October 1998, The middle child. Jaime. pursuant to that Order. Is in the primary
physical custody of the Defendant.
4, After approximately a year of denying his plans to relocate to Texas with the
child. Jaime. Defendant recently announced his pions to move to Texas to reside with his
new wife and to take the child with him,
5, When Plaintiff learned that Defendant had made plans to leave Pennsylvania
at the end of April 1999 and take the child with him to live In Texas. she filed a Petition for
Emergency Relief, In response to that Petition. this Court entered an Order dated 26
April 1999 prohibiting the Defendant from removing the child. Jaime Rich. from the
Commonwealth of Pennsylvania. and awarding custody of the child to the Plaintiff if the
Defendant himself moved outside the Commonwealth. A copy of that Order is
attached hereto and marked as Exhibit A.
6. Defendant has violated the express terms of this Court's Order of 26 April 1999
by moving himself and his family to Texas, by taking the child, Jaime Rich with him and
relocating her to a residence in the state of Texas, by removing Jaime Rich from school in
Pennsylvania. and by enrolling the child in school in Texas,
7, As the result of Defendant's violation of this Court's Order, Plaintiff and the
child's two siblings have not had physical contact with the child, are not likely to be able
to visit her or have custody of her In the foreseeable future, and are concerned about
the child's welfare, her living arrangements, and her educational situation,
WHEREFORE, Plaintiff prays this Court to enforce Its Order of 26 April 1999. to
adjudge the Defendant. John K, Rich in contempt of that Order. to direct and compel
the immediate return of Jaime Rich and delivery of her into the custody of the Plaintiff, to
award Plaintiff her reasonable attorney's fees and expenses incurred In enforcing that
Order, Including any transportation expenses and any expenses incurred through the
Courts of Texas to enforce this Court's Order, and to take such other actions and impose
such other sanctions or remedies as are appropriate.
c~~~Q,,-~
Samuel L. Andes
Attorney for Plaintiff
Supreme Court 10 17225
525 ~Iorth 121h Street
Lemoyne. PA 17043
(717) 761-5361
LINDA M, RICH, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
JOHN K, RICH, ) NO, 97-1659 CIVIL TERM
Defendant ) IN CUSTODY
ORDER OF COURT
AND NOW this ~ e _ of 0110 , 1999, upon consideration of
the attached petition, we enter the following order:
1, The psrties are directed to appear before Dawn K, Sunday, Esquire, the custody
conciliator assigned to this case, at a date to be determined by Ms. Sunday and to
cooperate with Ms, Sunday at such conciliation conference;
2, If the parties are not able to agree upon a custody arrangement for all threa of
their childrsn in light of the Defendant's plan to move to Texas, we will schedule a hearing
upon the request of either party to address all issues raised in this matter, including the
Defendsnt's apparent plan to relocate to ths state of Texas with the child, Jaime; and
3, Pending further order of this Court, the Defendant, John K, Rich, shall not
remove the child, Jaime Rich, from the Commonwealth of Pennsylvania, At all times thst
John K, Rich is not living and staying at his residence in Boiling Springs, Penn sylvan is, the
child, Jaime Rich, shsll ba in the custody of the Plaintiff, Linda M, Rich,
BY THE COURT,
TRUE COpy FROM RECORD
In Trlt'm 'ny \',h~rcof, I here unit! ~,;I my hand
and Ih. ~cal of said Courl al Carlisle, Pa.
This ...~fa~. day of,.....C1f.:;k1...!., 19...9.9
~~;j.....a..."...~~I.!LI.-('''M''
_..._....Sl:.1J.. ij~
:D fkj-' Prolhonola",
15/ ~d3~u ~. 'V3.a;rt(J
J,
Exhibit
It
LINDA M, RICH,
Plsintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
JOHN K, RICH,
Defendant
NO. 97-1659 CIVIL TERM
IN CUSTODY
PETITION FOR EMERGENCY RELIEF
AND NOW comes the above-namsd Plaintiff, by her attorney, Ssmuel L. Andes, end
makes the following Petition for Emergency Relief:
1 , The Petitioner herein is the Plaintiff and the Respondent is the Defendant,
2. The Plaintiff and Defendant are formerly husband and wifs and are the parents
of thrse children, Andrea M, Rich, born 20 May 1981, Jaime L. Rich, born 10 August
1983, and John Paul Rich, born 20 May 1986, Pursuant to an order of this Court dated 20
October 1998, Plaintiff has primary physical custody of Andrea and John Paul and the
Defendant has primary physicsl custody of the daughter, Jaime,
3. Defendsnt has recently announced plans to move to the state of Texas and take
with him the partiss' daughter, Jaime, Defendant has been denying such plans for
spproximstely a year and only within the last fsw weeks has acknowledgsd his plan to
relocate outside of Pennsylvania.
4, Defendant has advised Plaintiff that Jaime will be moving to Texas sometime in
mid to late May, Plaintiff has learned, however, that Jaime will be Isaving Pennsylvania on
or about 30 April 1999,
5. Since ordsr of 20 October 1998, Defendant has failed to cooperste with
Plaintiff's periods of temporary custody with Jaime and has thwarted her attempts to have
Jaime in her temporary custody, As a result, Plsintiff has not seen Jaime or had Jaime in
her custody on a regular basis for several months.
6, Defendant has not, as yet, filed any petition with this Court or taken any othsr
sction to have this Court spprove his relocation of the child, Jaime, to Texas.
7. Plaintiff bellaves that relocating Jaime prior to the end of the school year will
hsve detrimental effscts upon her, including, but not limited to, the following:
A. She will be withdrawn from her high school less than s month
bsfore the end of the yesr snd before final examinations and other final
academic mstters are concluded;
B. She will be injected Into a new school just prior to the end of the
school year, making hsr adjustmsnt, both academically snd socially, to the
nsw school difficult;
C, It will remove Jaime from regular contact with her brother and
sister, who she currently sees on a regular basis, both at school snd at the
homes of one or both of her parents;
D. It will remove her from any contact with her mother, in person or
otherwise, for an unknown and indsfinite tims; and
E, It will cause great disruption to Jaime and her relationship with her
siblings and her mother and other members of her family without any benefit
or advantage,
As s result of the above, Plaintiff believes the removal of Jaims from Pennsylvania to Texas
at this time will be contrary to Jsime's best interests.
8, Defendant has not provided Plaintiff with complete or accurate information ebout
any srrangements he has made for Jsime's living, schooling, or care in Texss.
9. There is not adequate information before this Court, or known to Plaintiff, from
which Plaintiff or this Court could determine that the requirements of law have been met
sufficiently to justify Jaime's relocation at this time,
WHEREFORE, Plaintiff prays this Court to do the following:
A, Prohibit the Defendant, John K, Rich, from relocating the child,
Jaime, out of Pennsylvanis until a proper and full hearing before this Court:
B. Award primary physical of the daughter, Jaime, to her mother, the
Petitioner, so that Jaims can remain in Pennsylvania and complete her school
year;
{GveJ,--,
," .. '"
(C(Q)\P1f
IN THE CXXlRT OF CXXolMON PLEAS OF
CUMBERLAND COONTY, PENNSYLVANIA
NO. 97-1659 CIVIL TERM
CIVIL AC1'ION - LAW
LINDA M. RICH,
Plaintiff
vs.
JOHN K. RICII,
Defendant
.
.
IN CUSTODY
aUJER OF CXXlRT
AND 1m, this Jl.O day of ~:to.tt...., , 199B, upon
consideration of the attached CUstody Conciliation Report, it is ordered and
directed as follows:
1. '111e parties shall submit themselves, !:heir minor Children and
any other individuals deemed necessary by the evaluator to a custody
evaluation to be perfOrmed by an independent pr.ofessional selected by mutual
agreement of the parties and counsel. The purpose of the evaluation is to
obtain professional recommendations concerning ongoing custody arrangements
which will be in the best interests of the Children. The evaluator shall
also advise the parties as BOOn as possible as to temporary custody
arrangements which would be in the best interest of the parties' son, J.P.
pending canpletion of the evaluation' report. Each party shall be
responsible to pay one-half of the cost of the evaluation initially subject
to the Court'e apportiorunent of costs at a later date if the custody issues
are not resolVed by agreement.
2. en a temporary basis, the parties' daughter, Andrea, and BOn,
J.P., shall continue, to live with the Mother and the parties' daughter,
Jaime, shall continue to live with the Father.
3. Also on a te"lJOrary basis, the Father shall have periods of
custody with J.P. every week on Tuesdays and Thursdays from after school
until 9:00 p.m. and on Saturdays from 9:00 a.m. until 5:00 p.m. The Father
shall have periods of custody with Andres on alternating Sundays, beginning
October 25, 1998 from 6:00 p.m. until 9:00 p.m. The Mother shall have
periods of custody with 'Jaime on alternating Sundays, beginning October 25,
1998 'from 1:00 p.m. until 6:00 p.m. '
4. 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.
Tf\!l;: C":'~' r~~:,l pFl":("U)
'" 1: '; 11\; ;". 'i, I "r, II;: It,' IIal(; ;;01 ';,;y hnnd
Dnd lliJ :" <I 0; 5~;t1 Court dl Corlisle, Po.
ThIs ,..,~..tlay OL:..,~.:" 19..1.!f.. l.!o/ L'tL~<>..,-- 13 . ~~
"..~.....-d''''''N-*...:..l~'rff-'oY.....,..........
cc: Samuel L. ~tJ~~l~ngk~tire - Counsel for Mother
Johnna J. Deily, Esquire - Counsel for Father
BY THE CXXlRi',
J.
.'
LINDA M. RICII, : IN TilE OOURT OF CXX1MOO PLEAS OF
Plaintiff CUMBERLAND COONTl/', PENNSYLVANIA
.
.
VS. NO. 97-1659 CIVIL TERM
: CIV~L ACTIOO - LAW
JOlIN K. RICH, :
Defendant IN CUSTODY
CllS'laJY a:K:ILIATIOO SlI'IMARY REPalT
IN A~ lfiT8 CUIBERLAND CXXNl'Y RULE (F CIVIL I-~
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children 1Ii10 are the
subjects of this litigation is as follows:
NAME
DATE OF BIRm
CURRI'Nl'Ly IN CllS'laJY OF
Andrea M. Rich
Jaime L. Rich
John P. Rich (J.P.)
May 20, 1981
August 10, 1983
May 27, 1986
Mother
Father
Mother
2. A Conciliation Conference \/as held on October 14, 1998 with the
following individuals in attendance: The Mother, Linda M. Rich, with her
counsel, Samuel L. Andes, Esquire, and the Father, John K. Rich, with his
counsel, Johnna J. Deily, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
IJ,.l-o/v I
Date
1&. /99r
~
'"
, .,:' . :.,.....:.;.,',',
' ~ci ~ c , " , , t'~'1
:' .'ff,Ar. '. c,' ,', :"i~;;'ii~'
" .~'"., ~ · ':,.: ... ;,.. C' b
' . "", . · ./.1.'&'
"'...,'.>..,. .",,':, - ". "':,,:." -(.,<.,:
....>>,.:,:;.',.;...:. . .:.. ", :'~:~~~",';ii: 't, ..,...,
:,~,::;';("'::>,,:.;,,'>:' .' ':' "';")':"1':: '. '.':'. .....',.
',".' . ....:' "; ,"", ".' .' ,., :'." ". i:'
;:';Y~;~~~?~'7':) :';",.<:~~;.';:",;:r. S';(,'::, f,:\~\ " . ":;>;), '':'
: ... ,\ ,,' ;.,':;,.:.;,..::(",'..;:,;:1,;;,.,
;"" \~,\:, i'i. ".:.,~'::?; ;'~",:'i'
'. ..,..\'. .:....:....,:' ::'::, !;::,~>::.: : )i:';;f:.;<,
'c, .' ~;'\:;.;:.:;f,:,/::;' i.d ,,\~:);:,. :::: i:' ;';:'.''-'
1~ ",t;~~)J??:. .",~:./.;}: }.c;;'~.<:'~)'J;::;."'.f<~j~E";,'
';'''::',:::l:c:''}('~~''''::;('~D:'': ',j,{"
.\ i:; ';.::',~;'r::: ,": >:': ~~,..:
'). ;,:~.J ",' gc "c> "il'E,
,."."",,,.,, :';:l>',:,~,>i.',:,),;c ,:~.." :..,>.;
~~~~i~Hf}~I"F:;~'~-S ;, 'i" :" ;";;:''.,';i-1{'~'\ ':~ '~;e~r:::: ",.,
:'l'~> 1 ;~,.,,;; :: "" ,. '.', . ..
"';":';'1"", ", .', ""':" ....:, ,,;.
,\:::":',;f';.';, ..' ""',', ','" ,.'1
:t "'):,'.i>: :'~'; "..;,,:,:. ;;':,..):, >:;,;:;
,j:"." ~ ,"-, :~)i:'~): ':',';J{~~~'" "" ,':'...'; ", ", ;..,:,~
""".",..,.,.. 'c.;, 'C..' ':..'..:". ,'.' ""
,-,,:, ~ '" ': '.' ',;,.,.. ','", <, 'J.:
;;::<"::<:JP; ,V:: <":::'; i{, H, ;'; ~-;;,
'J~<'"'~" ~ '''':~'~ ~ ,;;'" ,''- :/ ,,'. "
' . ,),,- .... ,'-, ':-'\T:~'::',).i:':
~Li,;;,;I?;;, .;....,';,,' :::.;'..>:" i\/
~k;\" ~;~"_ :; ;:;:::~:;:~;,:"": ",,:,\:,__, +~
;'tii,\:~,:",....~::,: ;~. :;'~;,: ';""
;"'::.:.:,';!;,::: t':\~;/'~;'2;<": .,...... : .:. '" .l,,';
I;t~;~~ik'::'F;'; ;~:::/.>?,:' {:'y
til~4t;01)<: "":)( , :i~~:,:'
~id/.
l~~
\;,'
-".."
:: ':,cr:",
';;,
t:~
'ii~
~fV'
il~-
i~
~;~~.
~Ki1i~
~5r;:~t;
t;p".~..
\ "'~l{"l
, "
.:>,~ "
'.1"':', ~ '
-~),~:::
',;:"-,~-
~~
1;/
:~
{ ).
,;~ do;
;~~
,,,- .,~;';;;~.:.:fr:?~';,_:,~;).:'\.,_
" ~"'''-''~~'. _..r "" '_' '" .....;,
'O;;e~'~'1"ll""1fi,~%"~'!r.. '~"'" :...::, :;~'.:,'~:/"_< .
~-;;.:'~-:;r~.~l:j;'):~._~:~''-:':, ~ ':'~.... '~:"'t";:' ',....~':. ..
t~~i ~'" ~', "'~. N I -'.. . _, \ . . (, ;~: ',;'
r .}0.":,.,-._:; ....~ I~. q. $), { 'l
~-,>jfr~.:,1"-:':}:J:,;. j' ~:::: " ',,_:,~;,_: ','
""~"'~4 ''', '.', '" '." ," :.,. ..,'
"- _.f :'~~~~~,~~~;:~f~~-i:1-~? f:~.; :';~'.,
'l' .
,,~ .,:,. -'r,,::-'
';",".' "
'.. ': APR 2 G
-,,<
". ':';~~ i-\r, .. ", .... ". _'" """', ';,;., '"
'1999 ~- ,~";;,;;;y;~~i~tjj~;;
.
",-..
LINDA M. RICH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
JOHN K, RICH,
Defsndant
NO. 97-1659 CIVIL TERM
IN CUSTODY
PETITION FOR EMERGENCY RELIEF
AND NOW comes the above, named Plaintiff, by her attorney, Samuel L. Andes. and
makes the following Petition for Emergency Relief:
1 , The Petitioner herein is the Plaintiff and the Respondent is the Defendant,
2, The Plaintiff and Defendant are formerly husband and wife and are the parents
of three children, Andrea M. Rich, born 20 May 1981, Jaime L. Rich, born 10 August
1983, and John Paul Rich, born 20 May 1986, Pursuant to an order of this Court dated 20
October 1998, Plaintiff has primary physical custody of Andrea and John Paul and the
Defendant has primary physical custody of the daughter, Jaime,
3, Defendant has recently announced plans to move to the state of Texas and take
with him the parties' daughter, Jaime, Defendant has been denying such plans for
approximately a year and only within the last few weeks has acknowledged his plan to
relocate outside of Pennsylvania.
4, Defendant has advised Plaintiff that Jaime will be moving to Texas sometime in
mid to late May, Plaintiff has learned, however, that Jaime will be leaving Pennsylvania on
or about 30 April 1999,
5. Since order of 20 October 1998, Defendant has failed to cooperate with
Plaintiff's periods of temporary custody with Jaime and has thwarted her attempts to have
Jaime in her temporary custody. As a result, Plaintiff has not seen Jaime or had Jaime in
her custody on a regular basis for several months,
6, Defendant has not, as yet, filed any petition with this Court or taken any other
i action to have this Court approve his relocation of the child, Jaime, to Texas,
I
I
II
I'
II
II
I
7. Plaintiff believes that relocating Jaime prior to the end of the school year will
have detrimental effects upon her, including, but not limited to, the following:
A. She will be withdrawn from her high school less than a month
before the end of ths year and before final examinations and other final
academic matters are concluded;
B. She will be injected into a new school just prior to the end of the
school year, making her adjustment, both academically and socially, to the
new school difficult;
C, It will remove Jaime from regular contact with her brother and
sister, who she currently sees on a regular basis, both at school and at the
homes of one or both of her parents:
D, It will remove her from any contact with her mother, in person or
otherwise, for an unknown and indefinite time; and
E, It will cause great disruption to Jaime and her relationship with her
siblings and her mother and other members of her family without any benefit
or advantage.
As a result of the above, Plaintiff believes the removal of Jaime from Pennsylvania to Texas
at this time will be contrary to Jaime's best interests,
8, Defendant has not provided Plaintiff with complete or accurate information about
any arrangements he has made for Jaime's living, schooling, or care in Texas.
9, There is not adequate information before this Court, or known to Plaintiff, from
which Plaintiff or this Court could determine that the requirements of law have been met
sufficiently to justify Jaime's relocation at this time.
WHEREFORE, Plaintiff prays this Court to do the following:
A. Prohibit the Defendant, John K, Rich, from relocating the child,
Jaime, out of Pennsylvania until a proper and full hearing before this Court;
B, Award primary physical of the daughter, Jaime, to her mother, the
Petitioner, so that Jaime can remain in Pennsylvania and complete her school
year;
~L
LINDA M. RICH,
Plaintiff
t(Q)f1f
IN THE CXlURT OF CXJMMOO PLEAS OF
: CUMBERLAND CClUNTY, PENNSYLVANIA
.
.
:
vs.
: NO. 97-1659 CIVIL TERM
: CIVIL ACTION - LAW
JOHN K. RICH,
Defendant
.
.
: IN CUSTODY
amm OF CXXJRT
AND toi, this Jt..o day of <5:J..c:J:<,&<..J , 1998, upon
consideration of the attached CUstody Conciliation Report, it is ordered and
directed as follows:
1. The parties shall submit themselves, their minor Children and
any other individuals deemed necessary by the evaluator to a custody
evaluation to be performed by an independent professional selected by mutual
agreement of the parties and counsel. The purpose of the evaluation is to
obtain professional recommendations concerning ongoing custody arrangements
which will be in the best interests of the Children. The evaluator shall
also advise the parties as soon as possible as to temporary custody
arrangements which would be in the best interest of the parties' son, J.P.
pending completion of the evaluation report. Each party shall be
responsible to pay one-half of the cost of the evaluation initially subject
to the COurt's apportionment of costs at a later date if the custody issues
are not resolved by agreement.
2. On a temporary basis, the parties' daughter, Andrea, and son,
J.P., shall continue to live with the Mother and the parties' daughter,
Jaime, shall continue to live with the Father.
3. Also on a temporary basis, the Father shall have periods of
custody with J.P. every week on Tuesdays and Thursdays from after school
until 9:00 p.m. and on Saturdays fran 9:00 a.m. until 5:00 p.m. The Father
shall have periods of custody with Andrea on alternating Sundays, beginning
October 25, 1998 from 6:00 p.m. until 9:00 p.m. The Mother shall have
periods of custody with Jaime on alternating Sundays, beginning October 25,
1998 fran l:oo p.m. until 6:00 p.m. '
4. 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.
Ti: 1 jU (... ~ ..,~ ~-...,. I 4 n~"-"~'''1)
...'., , , ,I., BY THE CXlURT,
III 1 :1\" . .,:, : i. ;'. 1\ 'i{~ !,.;t 'jj;l hilnd
DloU Iii" ", '.; l': ~j:d ("uiI JI (Jrli~lc. Pa,
This ....~.tty OL.~.:, 19..1.e:. I~I CJ.~c..L.. S, ~;::l J.
_.~~...-.d"""n~":'p~~~~i~"""'"''''''
cc: Samuel L. Andes, Es~ire - Counsel for Mother
Johnna J. Deily, Esquire - COunsel for Father
LINDA M. RICH, : IN THE COURT OF CXlMMOO PLEAS OF
Plaintiff . CUMBERLAND CXlUNTY, PENNSYLVANIA
.
.
.
vs. : NO. 97-1659 CIVIL TERM
. CIV~r. ACTION - LAW
.
JOlIN K. RICH, .
.
Defendant . IN CUSTODY
.
0mmJ( o:H:ILIATIOO SlJolMARY REPCRl'
m ACXXlUlANCE wrm CUIBllRr.AND CXXNl'Y RULE OF CIVIL I-~
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
Nl\HE
DATE OF BIRTH
aJRREm'Ly IN 0mmJ( OF
Andrea M. Rich
Jaime L. Rich
John P. Rich (J.P.)
May 20, 1981
August 10, 1983
May 27, 1986
Mother
Father
Mother
2. A Conciliation Conference was held on October 14, 1998 with the
following individuals in attendance: The Mother, r.inda M. Rich, with her
counsel, Samuel L. Andes, Esquire, and the Father, John K. Rich, with his
counsel, Johnna J. Deily, Esquire.
3. ~e parties agreed to entry of an Order in the form as attached.
(),.ioJy I
Date
IfJ./99y
~
. L~..el Ci
Dawn S. Sunday, Esqu re
Custody Conciliator
-L. -:.- . ':'~^../j/"" _ o::.r\",";: ;;~,-,,:;:;,.~- "<;":,,w-',:::'/'i?t'. ~ -,1;.-, l" ',,1";~~:; :~3""";; ".x.~""""'T "tt ~ --;,;;~ '''!:-,
~
~
~
'1
'i
,J',:::
....
-.c__.
: --.-";~:'['
;c~ ';' I_'~~
'.,'...
>'
, "';';Ji~
'..<
'.' ~ ~ ,-~--:;
- ,'i'I,~< .f,:
~,:,;./,)?~~~
0-'~:j~
: ,,':='}ft,1
, ,'.." r -:-':~/~,~~
';, ' -,:")'~J?;
<' r ' ~ /, "jSj
, ::"...,>.';1
:.' ,:,:..":l.'
, > 1,
, .., n > "ff'
.,:,' 'J,!
,,\j.:,;:f:;{,
..." ...~
! ~ ~~Li._:_;t;x~s
".''1j
.-."".----.
~ti~};{';' . ;/;:;,"
',.'.". '
- ,"'- ,,'
. -. '
i i/;"
fl':t1":",,:;:,,,,
..' ," ,!'l::
" ., "-
i": '~:I)<;'
nfil....I""
.,,'..,.,
:~..~;' , ~
t';- ~:/ _ '_\
~, CI'\. .,,'
t' ::..;~.~"'" ~:,
'~ "
,\ ~,
,..-.:
f i:. ..', ,
~ S'" ';;.
!;,,::I';;::':::~:~;
"l
.~:6l..
'li!ll. '
>',:- .'
;',lI:
i::l,
~I I~'il'J~
J ~i ~.
. lot" . . .l~
',.~',. ;1 "Itt'l'il-a
~!~l
~8 . Ulll'
lit, ,.''':it.
.
II<:
~'
"", ." ..]1:,
: .. - '-' ~ - ,.... :''tf.
,t- "
">.
'.;'.
. ,'3;~
;~..
. .':t?::'f;~j
. \}~i
'.'~,::!.:,
';d:' ,':.J
,-:, "\"-
..- -
-;;'.'1
'''!i:~~lf
, 1 :;~,"..
'"
;,',
,'"
.::,((;::~~'
, " ;~ ,.
, ,~,
~~. .
""
."........i '....-~(-,': .'.. \, '.' :..-;,' .
i '.: ',. ','. i.. ~
.. ".;
"''-~'''< :~~,:, ~-':h'
.'.!,-,
"
',' ."
,...,~
oar\1~~4 .
'-. ,..,'- ,,~~'
i;';___t"'.'-.
. . .. .," . .
.' _, T '.' . .,
LINDA M. RICH, IN THE OOURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA
.
.
.
vs. . NO. 97-1659 CIVIL TERM
.
. CIVIL ACTION - LAW
.
JOHN K. RICH, .
.
Defendant IN CUSTODY
OODER OF CXXlRT
AND tDl, this ~ day of t9~ , 1998, upon
consideration of the attached CUstody Conciliation Report, it is ordered and
directed as follows:
1. 'Itle parties shall submit themselves, their minor Children and
any other individuals deemed necessary by the evaluator to a custody
evaluation to be performed by an independent prOfessional selected by mutual
agreement of the parties and counsel. The purpose of the evaluation is to
obtain professional recommendations concerning ongoing custody arrangements
which will be in the best interests of the Children. The evaluator shall
also advise the parties as soon as possible as to temporary custody
arrangements which would be in the best interest of the parties' Bon, J.P.
pending completion of the evaluation report. Each party shall be
responsible to pay one-half of the cost of the evaluation initially subject
to the Court's apportionment of costs at a later date if the custody issues
are not resolved by agreement.
2. On a temporary basis, the parties' daughter, Andrea, and son,
J.P., shall continue to live with the Mother and the parties' daughter,
Jaime, shall continue to live with the Father.
3. Also on a temporary basis, the Father shall have periods of
custody with J.P. every week on Tuesdays and Thursdays from after school
until 9:00 p.m. and on Saturdays from 9:00 a.m. until 5:00 p.m. The Father ~'
shall have periods of custody with Andrea on alternating Sundays, beginning ~'
October 25, 1998 from 6:00 p.m. until 9:00 p.m. The Mother shall have
periods of custody with Jaime on alternating Sundays, beginning October 25,
1998 from 1:00 p.m. until 6:00 p.m.
4. 'Itlis 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.
BY THE COURT, ,..j!
// .
'~4'~/{
J.
cc:
Samuel L. Andes, Esqu~re - Counsel for Mother _ ('~...; ""..;w.'u( I C/~IJ'it'
Johnna J. Deily, Esqulre - Counsel for Father ~(/ ".&.-r,
'. I r
"
,"
c....
: l' . '.' '(..:
-f ,",
('~, (.,
.'
. .~ \
CUS'lOOY CXH:ILIATIOO SlJolMl\RY REPCRT
,
i
m ACXXlUll\NCE WITB ClIlIlERLAND cx:uny RULE a! CIVIL ~
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. ~e pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE a! BIRTfJ
CllRRENl'Ly IN CUS'lOOY OF
Andrea M. Rich
Jaime L. Rich
John P. Rich (J.P.)
May 20, 1981
August 10, 1983
May 27, 1986
Mother
Father
Mother
2. A Conciliation Conference was held on October 14, 1998 with the
following individuals in attendance: The Mother, Linda M. Rich, with her
counsel, Samuel L. Andes, Esquire, and the Father, John K. Rich, with his
counsel, Johnna J. Deily, Esquire.
3. ~e parties agreed to entry of an Order in the form as attached.
() I j.f) J JI
Date
/ 0, /99r
I
Jc~-'cl' '.....
Dawn S. Sunday, Esquire
custody Conciliator
LAW OFFICES
SAIDIS, GUIDO, SHUFF & MASLAND
26 W. HIOH STllEIlT 2109 MARKET STREET
CARUSLI!, PA 17013 C, ~PJflLL. PA 17011
PHONB (717)243-6122 Pi..\NB (717) 737.J4j)]
CI!RTlFIBO COPY:
MAY 0 3 1999 f1
LINDA M. RICH,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL-ACTION
v,
OHN K, RICH,
Defendant
NO, 97-1659 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this
day of May, 1999, in
conside~ation of the attached Petition, it is hereby Ordered
and directed that the Order of Court dated April 26, 1999, is
rescinded to the extent that pending further order of this
Court, the Defendant, John K. Rich, shall be permitted to
remove the child, Jamie Rich, from the Commonwealth of
Pennsylvania, to his new residence in Spring, Texas, Said
child along with the Defendant shall be available by phone in
the interim, and shall appear in person at the conciliation
conference currently scheduled for May 1B, 1999,
FOR THE COURT,
By
SAlOIS,
SHUFF &
MAS LAND
ATrORNEY5.ATlLAW
26 w, lII&h Slrttl
Cui lilt, PA
J()II~ J.;. RICII
May 3,1999
Rich vs. Rich
Honorable Edgar B. Bayley
Cumberland County Court House
On the Square
4th Floor
Carlisle, PA 17013
Dear Judge Bayley,
1 am writing you conceming the above case which is myself vs. my former wife Linda M.
Rich, this case has been brought before you and referred to Conciliator Dawn Sunday.
TIle specific matter that I write you about is my 15 year old daughter Jaime Lin Rich who
has been in my custody for the last 2 \I, years. On Friday April 30th while flying back
home from a business trip it was brought to my attention that an order existed relative to
kecping the named child in the area until a May 18th hearing before DaWII Sunday. As of
the date of this letter I have not rcceived or been served a copy of this ordcr. I do not want
my actions to be construed by the court as an intentional violation of the order. I would
like to explain the evcnts Icading up to what has occurrcd and why it occurrcd.
. In Dccember of 1996 my fonncr wifc and I scparatcd, I had all thrce childrcn
living with mc.
. In May of 1997 she movcd back into the marital home.
. In August of 1997 wc separatcd again, I movcd into auother home, the thrce
children lived with me a majority of the timc.
· June of 1998 we wcre divorccd.
. September 1998 I rcmarricd.
. Late Septcmbcr 1998, my son choosc to movc in with my fonner wife and live
with hcr.
. October of 1998 a hcaring was held bcfore Dawn Sunday, at this time an order
was entercd for my oldcst daughtcr Andrca (17), and my son JP (12) to live
with my fonncr wifc Linda M. Rich with visitation with me. My other
daughtcr Jaime (15) was to bc with mc with visitation every othcr Sunday
with hcr mom. A Psychological revicw was to occur right away with Dr.
Stanlcy Schnicder. TIIC main focus was to be for thc custody of JP.
..os IIEISER r...\~E. C:\KI,rSI,E, 1',\.1'111\
-2-
May 3, 1999
· January 1999, Psychological revicw cOlllplctcd, I scnt in my paymcnt to Dr.
Schneider for report to be rclcascd.
· Late January early Fcbruary callcd Dr. Schncidcr's office as to why we had
not receivcd a copy of the rcport, they rcportcd that lilY formcr wife still had a
balance, once paid thcy would rclcasc the report.
· Late January early Fcbruary anothcr hcaring is schcdulcd bcfore Dawn Sunday
for March 09, 1999.
· March 05, 1999, my formcr wifc pays for her portion of the rcport, rcport
rcleased.
· March 08, 1999 former wife's attomey, Sam Andcs postpones hcaring due to
his schedule conflict.
· March 09, 1999 notification given to my formcr wife that myself, my wife
Heidi, and daughter Jaime will be moving to the Houston Texas area. TIlis
move is due to my Wife's business which is located in Houston necding her
tllere a minimum of four days per wcek. My Company moving its offices for
resources and financial funding pnrposcs. Our homc is put on the market for
sale and we begin looking for a school district and home in thc Houston area.
· End of March 1999, purchase home in Spring, Tcxas, K1cin School District
(one of tile top school districts in Texas). Notification is made to Linda M.
Rich (formcr wife).
· Beginning of April 1999, bcing formcr School Board President, I visited K1cin
School District, met with Assistant Principal, tonrcd the school, discusscd
Jaime's transfcr to there. He advised to move her doWII with 4 weeks
remaining, they wonld do a complcte evaluation decide if additional schooling
would be necded over the summcr so she would be able to start her Junior
year at the same Icvel as their studcnts.
· Beginning of April 1999 house scttlement, move date set, airlinc tickets
pnrchased based on 4 weeks rcmaining in Texas schools, (May 27th, last day).
· Mid April 1999, home in Carlislc that is on the market for sale is rented for
one year and will be kcpt on the market.
· Week of April 26th, Jaime withdrawn from school, registration process begun
for Klein School District, records transfcrred, Jaime flown doWII to begin
school Monday May 3'd .
NOTE: Since Decembcr of ]998 Linda M. Rich, (former wife), has not asked
nor attemptcd to have visitation with Jaime.
-3-
May 3, t 999
I would request you to please rescind your order of last weck based on the above and
following information, that I guarantee my daughters prcscnce at the hearing on the 18th of
May if that is your direction. Linda M. Rich had propcr (almost two months) notice as to
the move, she has had very limited, if any contact with her daughter since December of
1998. Please also consider the dclays in thc rcleasc of the psychological rcport were due
to Linda M. Rich, the postponing ofthe March 9, 1999 hcaring caused by Linda M. Rich's
attomey, this all should not cause hardship on our part. Please also kccp in mind the
family home in Carlisle has been rentcd, a new home purchased and scttled on and we
have begun moving to Texas. My wife's income as wcll as my income is dcpendant upon
this move, further dclays would cause another disruption in Jaime's life and a major
financial burden that would effcct the whole family. Jaimc had been withdraWII from
school here and cnrollmcnt had bcgun in Klein School District.
It is apparent that this last minute rcqucst by Linda M. Rich was done for no othcr
purpose but to cause undo hardship on myself. It was not done with the interest of Jaimc
in mind, recent history shows this. Jaime and her mothcr have not had a relationship for
well over tile past year. As weill have rccent personal rescrvations as to Jaime being in
Linda M. Rich's home with her live in boyfricnd due to incidcnts reported to me by my
son that have bcen tumcd over to Children and Youth Scrviccs.
I request you to plcase for the good of Jaime allow hcr to rcmain with me, where she has
been for the past 2 \I, ycars, with me, allow hcr to begin her new life in Texas as planned.
I promise her prcsence cither by phone or in person ( your direction), at any hearing but
until that hearing allow her to remain in the Klein High School to get hcr education off on
a good start.. We will honor your request and await your direction.
:Qh
John K. Rich
cc: Johnna Deily, Esquire
I
A
I
I
[.
.'
;:;; ll) >-
I.: 2:
~ OJ
UJn i-?,:c"l:
c.~t, \.J_..
:r. """,
it::. '-~' .
..C C]~j
()(~
@r C"') <: ~~}
I;'. I ;.J 1';
fEll' >- ';j(O
...,
r..;; - : ::C.l...
-
l5 C1'l :j
Cl'\ u
,
---
~..y 3, t 999
· January 1999, Psychological revicw completcd, I scnt in my payment to Dr.
Schneider for report to be rcleased.
· Late January early February called Dr. Schneider's officc as to why we had
not received a copy of the report, they reported that my former wife still had a
balance, once paid they would release the rcport.
· Late January early February anothcr hearing is scheduled before Dawn Sunday
for March 09, 1999.
· March 05, 1999, my former wife pays for her portion of the report, report
released.
· March 08, 1999 former wife's attomey, Sam Andes postpones hearing due to
his schedule conflict.
· March 09, 1999 notification given to my former wife that myself, my wife
Heidi, and daughter Jaime will be moving to the Houston Texas area. This
move is due to my Wife's business which is located in Houston needing her
there a minimum of four days per week. My Company moving its offices for
resources and financial funding purposes. Our home is put on the market for
sale and we begin looking for a school district and home in the Houston area.
. End of March 1999, purchase home in Spring, Tcxas, Klein School District
(one of the top school districts in Texas). Notification is made to Linda M.
Rich (former wife).
· Beginning of April 1999, being former School Board Presidcnt, I visited Klein
School District, met with Assistant Principal, toured the school, discussed
Jaime's transfer to there. He advised to move her doWII with 4 weeks
remaining, they would do a complete evaluation decide if additional schooling
would be needed over the summcr so she would be able to start hcr Junior
year at the same level as their students.
. Beginning of April 1999 house settlcment, move datc set, airline tickets
purchased based on 4 weeks remaining in Texas schools, (May 27'\ last day).
· Mid April 1999, home in Carlisle that is on the markct for sale is rcnted for
one year and will be kept on the market.
. Week of April 26'\ Jaime withdrawn from school, registration process begun
for Klein School District, rccords transferrcd, Jaime flown doWII to begin
school Monday May 3,d .
NOTE: Since Deccmbcr of 1998 Linda M. Rich, (fonncr wifc), has not asked
nor attempted to have visitation with Jaime.
-3-
M.y 3, 1999
I would request you to please rescind your order of last week bascd on the above and
follOlving information, tllat I guarantee my daughters presence at the hearing on the 18th of
May if that is your direction. Linda M. Rich had proper (almost two months) notice as to
the move, she has had very 1imitcd, if any conla~t with her daughter since Dccember of
1998. Please also consider the delays in the release of the psychological rcport were due
to Linda M. Rich, the postponing of the March 9, 1999 hearing caused by Linda M. Rich's
attorney, this all should not cause hardship on our part. Please also keep in mind the
family home in Carlisle has been rentcd, a new home purchased and settled on and we
have begun moving to Texas. My wife's income as well as my income is dcpendant upon
this move, further delays would cause another disruption in Jaime's life and a major
financial burden that would effect the whole family. Jaime had been withdrawn from
school here and enrollment had begun in Klein School District.
It is apparent that this last minute request by Linda M. Rich was done for no other
purpose but to cause undo hardship on myself. It was not done with the interest of Jaime
in mind, recent history shows this. Jaime and her mother have not had a relationship for
well ovcr the past year. As weill have recent personal reservations as to Jaime being in
Linda M. Rich's home with hcr live in boyfriend due to incidents reported to me by my
son that have becn tumed over to Children and Youth Services.
I request you to please for the good of Jaime allow her to remain with me, where she has
been for tile past 2 \I, years, with me, allow her to begin her new life in Texas as planned.
I promise her presence either by phone or in person ( your direction), at any hearing but
until that hearing allow her to remain in tile Klein High School to get her education off on
a good start.. We will honor your request and await your direction.
:~
dJohn K. Rich
cc: Johnna Deily, Esquire
LAW OFFICES
SAIDIS, GUIDO, SHUFF & MAS LAND
26 W./II011 STREET 2109 MARKET STRIlET
CARUSLB. PA 17013 CAMP IIILL. PA 17011
PIIONB(717) 2~J.6222 PIIONE (717)737.30\03
CERTlPIED COPY,
MtlY 0 3 1999 /JJ
-.
LINDA M. RICH.
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL-ACTION
v.
OHN K. RICH,
Defendant
NO. 97-1659 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this
day of May, 1999, in
consideration of the attached Petition, it is hereby Ordered
and directed that the Order of Court dated April 26, 1999, is
rescinded to the extent that pending further order of this
Court, the Defendant, John K. Rich, shall be permitted to
remove the child, Jamie Rich, from the Commonwealth of
Pennsylvania, to his new residence in Spring, Texas. Said
child along with the Defendant shall be available by phone in
the interim, and shall appear in person at the conciliation
conference currently scheduled for May 18, 1999.
FOR THE COURT,
By
SAID IS,
SHUFF &
MAS LAND
AtTOItNEV5.AT.U.W
26 W. IIISh SIr<<,
Cull"., PA
-2-
M.y 3, t 999
· January 1999, Psychological review completed, I scnt in my payment to Dr.
Sclweider for report to be released.
· Late January early February called Dr. Schneider's officc as to why we had
not received a copy of the report, they rcported that my formcr wife still had a
balance, once paid they would release the report.
· Late January early February anothcr hearing is scheduled before DaWII Sunday
for March 09, 1999.
· March 05, 1999, my former wife pays for her portion of the report, report
released.
. March 08, 1999 former wife's attomey, Sam Andes postpones hearing due to
his schedule conflict.
· March 09, 1999 notification given to my former wife that myself, my wife
Heidi, and daughter Jaime will ile moving to the Houston Texas area. This
move is due to my Wife's business which is located in Houston needing her
there a minimum of four days per week. My Company moving its offices for
resources and financial funding purposes. Our homc is put on the market for
sale and we begin looking for a school district and home in the Houston area.
. End of March 1999, purchase home in Spring, Texas, Klein School District
(one of the top school districts in Texas). Notification is made to Linda M.
Rich (former wife).
· Beginning of April 1999, being fonner School Board President, I visited Klein
School District, met witll Assistant Principal, toured the school, discussed
Jaime's transfer to there. He advised to move her doWII with 4 weeks
remaining, they would do a complete evaluation decide if additional schooling
would be needed over the summer so she would be able to start hcr Junior
year at the same level as their students.
· Beginning of April 1999 house settlement, move date set, airline tickets
purchased based on 4 weeks remaining in Texas schools, (May 27u" last day).
· Mid April 1999, home in Carlisle lhat is on the market for sale is rented for
one year and will be kept on the market.
. Weck of April 26th, Jaime withdrawn from school, registration process begun
for Klein School District, records transferrcd, Jaime flown doWII to begin
school Monday May 31<1 .
NOTE: Sincc December of 1998 Linda M. Rich, (former wife), has not asked
nor attcmptcd to have visitation with Jaime.
-3-
M.y 3, t 999
I would request you to please rescind your order of last week based on the above and
following information, that I guarantee my daughters presence at tile hearing on the 18th of
May if that is your direction. Linda M. Rich had proper (almost two months) noticc a~ to
the move, she has had very limitcd, if any conta~t with her daughter since December of
1998. Please also consider the delays in the release of the psychological report were due
to Linda M. Rich, the postponing of the March 9, 1999 hearing caused by Linda M. Rich's
attorney, this all should not cause hardship on our part. Please also keep in mind the
family home in Carlisle has been rented, a new home purchased and settled on and we
have begun moving to Texas. My wife's income as well as my income is dependant upon
this move, further delays would cause another disruption in Jaime's life and a major
financial burden that would effect the whole f.1mily. Jaime had bcen withdraWII from
school here and enrollment had begun in Klein School District.
It is apparent that this last minute request by Linda M. Rich was done for no other
purpose but to cause undo hardship on myself. It was not done with the interest of Jaime
in mind, recent history shows this. Jaime and her mother have not had a relationship for
well over the past year. As weill have rccent personal reservations as to Jaime being in
Linda M. Rich's home with her live in boyfriend due to incidents reported to me by my
son that have been turned over to Children and Youth Services.
I request you to please for the good of Jaime allow her to remain with me, where she has
been for the past 2 \I, years, with me, allow her to begin hcr new life in Texas as planned.
I promise her presence either by phone or in person ( your direction), at any hearing but
until that hearing allow her to remain in the Klein High School to get her education off on
a good start.. We will honor your request and await your direction.
:~
John K. Rich
cc: Johnna Deily, Esquire
~"r'
_"'J.:,t
"""""'f!,''''
1';tt1f11'!!"'~H
L'-~--l'S^
_ Flnl-cw"R.lr
S P>..M DvuDc~
S:l.S "L 1':<.+4.- jt--
~YA!8- PA_
/
!)olt)
~._,
..."':1':__C
,.j
~:y
"" '.'-'H'
~'-".-
USA
... '-lnt.OwL'r
-1 O~ 1<. R. ('-L-C
Y O~- {~(.s fi.-J.- LA-JA-
C ~lJ<..b/ PA .
I '"':>0 1"3
MAV-03-99 \8.\\ FROM.AMERICAN HABILITATION sve 10.1+281+398+7999 PACE 1/\
...// -.J/ 1"/
10 it&- )Ud<f' "
\ (\ rYl no I,Il I i vi ng- w / /YI ~ ic..-fuoX and
hCUJ€ teen tM quire sorfIJJilv/{ II) thM-
fl m.e.. n18- rrwt}ltr has fla-+-- rYleld e an
eftar+ +0 co nfl/(! /JU, I WOLJJ d
nO+ I; /(e +0 Ii v.e LJ/ ht r 0 \ rY10LJ ed
+ 0 I' ex C\ ") wi otJ. 'r 0.011 pro b Ie Yl''15 (fYlfunil}jf
1+ Uj0,5 m~ Ch~jce (wos n(}f fold I it/ad fdJ.
) f YO'v\ nO-\)e o.YL~ VVjf)f~ q~ies+-idY)5 0 ( nf.ecJ
+0 -ftlt t +0 ('(7.t P J e as e le& / Iret!- +tJ be
in eonf-oct.
-rhont You)
jo.i r(1~ K i c J1
'LINDA M. RICH,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
!JOHN K. RICH,
I Defendant
i
I
I
I MOTION FOR A CONCILIATION CONFERENCE
I AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
I
Ilmoves the Court for a conference with the conciliator in the above matter for the entry of an
rlo'd" " m,v b, 'ppmp"'" to th, p",,", """m","""
CIVIL ACTION - LAW
NO. 97-1659 CIVIL TERM
IN CUSTODY
AJP
~
Samu~.~An es
Attorney for Plaintiff
Supreme Court 10 # 17225
525 N. 12'h Street
Lemoyne, PA 17043
(717) 761-5361
II
I
CERTIFIED COPY:
LAW OFFlCI!S
SAID!S, GUIDO, SHUFF & MAS LAND
26 W. HlOIt ST~EBT 2109 MA~KBT ST~EBT
CA~USLE. PA'I701! . CAMP IIILL. PA 17011
PItONE (717) 2.3.6222 PItONE (717)737.W>l
-, :,,,'1' 1- 199~
AND NOW,
ID/\ ICfb
upon consideration of
INDA M. RICH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
OHN K. RICH,
Defendant
NO, 97-1659 CIVIL TERM
IN CUSTODY
ORDER OF COURT
the attached Complaint, it is hereby directed that the parties
and their respective counsel appear before Dawn S. Sunday,
Esquire, the conciliator, at 39 W. Main Street, Mechanicsburg,
Pennsylvania, on Wednesday, October 14, 199B, at 1:00 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 accompl~shed, 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 shall also be present at the
conference. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
Ji
FOR THE COURT:
By: cj:\m lJ"- h. llli'i\!ID I ~,&tr-.
Custody Conciliator (
YOU SHOULD TAKE THIS PAPER TO YCUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
SAIDIS.
SHUFF &
MAS LAND
A1TOkN!YS'ATllAW
26 W. lUsh SIr..1
Culblt. PA
OFFICE OF THE COURT ADMINISTRATOR
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
.:' '"":'1_ ,,", - ..
~r. . -. ,r"
I.... .-. .'. ":', '~'~'."'_" r:'.'
. '"
(,'" nr>'l' " -
.-1' J' . -, ., r"l
'" .' ".,
. ,.o.j":
('i"
0.,,1,
. '... . , ,"."
t',J.fI,", 't.; '-;,ft
.........",..
,
~~ .~~ tJcI ~/f1~ ~ '!5 ,0,4
/Cc>l9, 7"~ /1Md/v;$ "i4 c/~
/c'~ -9f ~ /1f';..d'" ~ a7fr ~;~~
.. . .. .
.; . ...
"='
- . ."', > .. ," - ..-' '. .'~ "". .. ....!' .. . '.,. ! , , .
, .. . .
LINDA M. RICH,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-1659 CIVIL TERM
IN CUSTODY
JOHN K. RICH,
Defendant
ORDER
AND NOW, this
day of
, 1998, in
consideration of the attached Petition, it is hereby Ordered
J.
that a hearing be held in Court Room No.
o'clock
m.
BY THE COURT,
SAlOIS,
SHUFF &
MAS LAND
ATTm.NlY5.ATOW
26 W. lII&h 5""1
C.ull.I.. PA
09/30/1998 16:53
7172584757
STREETGIIRD INC
PAGE HI
I
.
[.
~
I verity that the 8tlltelllt~nto made in thin petitlc," are ~I'U"
and co~rect. I understand that tolge otate~cnts herein are ~ad~
Gubject to the penaltieo of 18 I'll. C.S. Section 490~. relatlng t~
ur.ewcrn falsiticAtion to
Dated:
q.. 30 91r
.uth"'ttl~
lc )...-
--
LAW OFFlCI!S
SAIDIS, GUIDO, snUFF & MASLAND
26 W.IUOH STIlI!ET 21Q'l MAI\~[:I' STRF.l!T
CARUSL\!, PA 1701l CAMP .du.. PA 17011
PHONB(717) W.622l PHONE (717)7)7.34Ol
CERTIFIED COFY:
APR II ( 1999~
LINDA M RICII.
Plaint if f
: IN TilE COlIIlT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL-ACTION
v.
OHN K. RICH,
Defendant
NO. 97-1659 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, it
is hereby directed that the parties and their respective
counsel appear before Dawn S. Sunday, Esquire, the Conciliator,
at 39 W. Main Streett Mechanicsburg, PA 17055 on the \~ day
of \'-\0........\ 1999/ at \ \'. \jJ C\ .m. for a Custody conciliation
Conference. At such Conference, an effort will be made to
resolve the issues in dispute or if this c~nnGt be
accomplished, to define and narrow the issues to be heard by
the Court, and to enter a temporary Order. All children aged
five or older may also be present at the Conference. Failure
to appear at the Conference may prov~de grounds for entry of a
temporary or permanent Order.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
SAlOIS,
SHUFF &
MAS LAND
A'TTOfI.~"EYS'AT'L.o\W
26 W. III&h 5'"..
c",1I.1,. PA
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
FOR THE r:OURT,
By . JY1\l.'i\. ~-'~
\'1)':\
f"
.'
.. , ~ \~. .
. ~. '.. '
, ,.
"
r"
,,'1
: ,', \ \: :' .
.~'l '; t~ 1\1'
i. :.\ ~ " \. ..
,.
.'
~. '
,..:'.'.
"".~.. \" ~":
'1,*. 'Iii W. d7;1 -?>1:.gd Z
'/;J.'1.yf' 7'~~ /1fa.4~ Z; ~ ~O
9".7/.:) .yy ~ -~~d ~ ad} ~-..../'7
~ .
.' .
Rich and John P. Rich, and permitting him to relocate with the
children to Texas, subject to periods of reasonable
visitation/partial physical custody in the Plaintiff.
Respectfully submitted,
. .
: I
. I
.
/
.4l~
"
I
I
,.
,
~ 11') >-
,--
-,
,- 0' :').....
,.~ N
~J.., ( ,. ;
). . :!:: ~.~ ili
H:~::: "-
~C, .0 :-.S::2
(j'
U,tU. I
_J ~; :-,3,,6
u:1.~
~';: 0_ .JJrJ..
.. w'
~-
lei- 0'> :J
u C"\ u
.n ,)/ I .;
. '10 fI^& )Ud~ "
, . J tcdtlJ.;r () n d
\ (\ m {1O\~ I, Jlng. w /YI ~
hav e ~en tor qllir( ~ofYIlrllVl~ I r\1'Y1t1t
+i~ rYl~ m.a~r has n.l1 +- rYl(lde an
eftol + +0 (' () () I dcl Iflf I I W()u I d
no+ / Ire, +0 I j veld / fu r 0 1 010 LJ e c~
+ 0 lex C\ ~ w) 00.\' any r.J r(j b I ems (fYlfun/r:Jl
j.J.. u.l0..5 m~ chtJJce I Wfi.5 n(}f fold / had let)'.
1 f yo\). hO-ve o.YH& vvwre. q~{e5 tidY) S 0 (' nP.!?d
+0 +o.lt +0 fY/t fJ Jea'Se:> /'PtJ t,.e.c -I-{) ht>
in eantOct-,
'Thont Yo!).)
jOi(Yl~ K\ (' n
'I
: ~
; I
!
,
I
I
I
,
: i
I
. .
LINDA M. RICH,
Plaintiff
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
JOHN K. RICH,
Defendant
NO. 97-1659 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, thls.;)1') day of ,,'xT'\, 'nr, I ' 1999, upon
consideration of the Complaint filed in this matter, it is hereby directed that the
parties and the~r respecti~e c.ounsel appear before t':n\. (, S .r.:..,. ",()I-I'- ~, the
Conciliator, at ..<R IJ . \-'0.\\,,,*) \-\cch:.1"'\\( '-,b~\ C) , Pennsylvania, on ,
the::2 day of \J[',[( \--. , 1999, at - \ o'clock ---f1.m. for a
Custody Conciliation 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 a temporary Order. All
children aged 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.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER 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, PA 17013
(717) 249-3166
,
FOR THE COURT,
BY ,--'toIl"'.A. "'\II!,('O~ -
CUSTODY CONCILIAT l ~:')
r" :':l_:Vr:- f"r:
",,-. '-. ,,,/ . : -';.
.,r, . . . ......_..~../
""
I
r~, r:'': ". _ '\ ....,.' p,
". '.' !I".
I
i
I
\.'. nO,
d1u<,;~ t}t! (t;/}'/ '1N;.e:~/ ;b 4 Av&-::?
Jc.J4) 'n~t If{;~tiI'1 a~7i JJe,-1
,;I;) 91' to>~ . /J' _...-/,
':17 /14f1c..k';(1I tj. Cltj ,..:;t<"d":7
. .
COMMONWEALTH OF PENNSYLVANIA )
) 55.:
COUNTY OF CUMBERLAND )
SAMUEL L. ANDES, being duly sworn according to law, deposes and says that
he Is the attorney of record for the Plaintiff herein and that the facts set forth In the
foregoing document are true and correct to the best of his knowledge, Information,
and belief.
g~ CffP (b
SAMUEL L. ANDES
Sworn to and subscribed
bef9r11me this ~ day
of '~Cl.rl\.l...D5li... , 1999.
r ~ -
'I
!I
I
Ii
I'
Ii
lie.
G -.----
HC1I'MllLti .
IWfIl A08B.U."'NII:
1.Illqoae1lclro,~~M
~l:,-~_~~t ]
LINDA M. RICH, . IN THE COURT OF CXlMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
VS. . NO. 97-1659 CIVIL TERM
.
.
.
JOHN K. RICH, CIVIL ACTION - LAW
Defendant . IN CUS'IODY
.
OODER OF <XXlRT
AND fD'l, this 4th day of June, 1997, the Conciliator being
advised by Plaintiff's counsel that the parties have resolved all custody
issues by agreement, hereby relinquishes jurisdiction in this case.
..
c~v~~
Dawn 5. Sunday, Eaqu re
Custody Conciliator
,--;/:. -.'
-_~~_'~' ;-(lr
.
".
.~
': ,AFI{OII99J'
.Y
"/,,.-
LINDA M. RICH,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
I,
,
Ii
Ii
Ii
Ii JOHN K. RICH,
'I
I
,
I
I AND NOW, /-\pi" , \ \ G I 1997, upon consideration of the attached complaint, it
: is hereby directed that the parties and their respective counsel appear before
I in""" S ,') "cloy, Esquire, the conciliator, at}l \,.1:. \-\m-,,\\-. ~h IYr'\1 (\l~
, Pennsylvania, on II 1f"'.'~ VI" the hIt-..., day of -1v',Cr'-., , 199-"
I I
at ~I :C)(') o'c!ock(l.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
Plaintiff
vs.
CIVIL ACTION - LAW
Defendant
NO. Q'7- / V59 CIVIL TERM
IN CUSTODY
ORDER OF COURT
define and narrow the issues to be heard by the court, and to enter into a temporary
order. Either party may bring the child who is the subject of this custody action to the
conference, but the children's attendance is not mandatory. Failure to appear at the
conference may provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
,
1
Ii
"
j'
I:
Ii
I!
I
,
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE,4THFLOOR
CARLISLE, PA 17013
(717) 240-6200
.fl/...
F:L::Q~C;fl.~;;
"..- ..- -
t ,- r .,~,".'(" '"Y''' r"!I'(
" ,......
('''' ..r-" ,
.J '.," ! I r..,' 1'... f"'Il"\
. I ,: ~ t' ;1:;
-, "
LU.,.",:,' , I ,:;V
Uj:Ii\.,j...,,!'\II': ,.:....'.'..
I-L. .1 h.J! .;,''i: ~':\
~
,.
1.;r;. 1/) Ia-l &/1 /I~;t}/ t. t:qf- <<~'<"
~/1i.tl) '/frt-it /1~l at~~au0
- ;,' ~rL&,4..
'/1/1) &>tt ,Udtif/ ~ a/ "p
~
,.
ii
!:
i!
Ii
"
iJ
I,
'I
I.
I:
i
I
i
i
I
I
I
I
I
1
I
II
I
1
LINDA M. RICH,
IN THE COURT OF COMMON
Plaintiff PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
"
I
'I
vs.
JOHN K. RICH,
CIVIL ACTION - LAW
NO. 97- J(P59 CIVIL TERM
Defendant IN CUSTODY
COMPLAINT IN CUSTODY
AND NOW comes LINDA M. RICH, by her attorney, Samuel L. Andes, and makes
the following Complaint for custody based upon the fOllowing:
1. The Plaintiff is LINDA M. RICH, who resides at 207 South Sporting Hill Road,
Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is JOHN K. RICH, who resides at 405 Heiser Lane, Carlisle,
Cumberland County, Pennsylvania.
3. The parties are the parents of three minor children, Andrea M. Rich, age 15,
born 20 May 1981, Jaime L. Rich, age 13, born 10 August 1983, and John Paul Rich,
age 10, born 27 May 1986.
4. The Plaintiff and Defendant are husband and wife, having been married on 29
March 1980 and separated on 10 January 1997.
5. Plaintiff seeks an award of primary or shared custody of the minor children,
Andrea M. Rich, Jaime L. Rich, and John Paul Rich.
LINDA M. RICH, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vs. )
) CIVIL ACTION - LAW
) NO. q7-1lt.5g
JOHN K. RICH, ) CIVIL TERM
Defendant ) IN CUSTODY
ORDER OF COURT
AND NOW, this ),/\/j day of II/~I. 1'/_
, 1997, upon consideration of the
attached Petition for Emergency Relief, a hearing is scheduled before the undersigned to
commence at Ii): J'; o'clock .fL..m., on 1:L.!i L I. ,the '/f! I day of II I-,:. I L,
1997, in Court Room No. _i of the Cumberland County Court House, Carlisle,
Pennsylvania.
BY THE COURT,
,
'~Lt.(.:J E..
; J.
'I
!
,....
(.'
,'~
:J1. I'
t'! .
: ~ ,.
i",',
.. -
,. .
:. .....'
~;, .
.i: ,.lo..i
"
..'
.~
'<)
...J '1~
".. ""
....J ~,J
;:...~
, ;h~J
1\) 'irEj
~ J.'.J
l' .
.";?;p
'- ,-i:ry
I\J "'_0
'0 \ 101
~.J ~
10 4
LINDA M. RICH,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Plaintiff
vs.
CIVIL ACTION - LAW
JOHN K. RICH,
Defendant
NO.
IN CUSTODY
CIVIL TERM
PETITION FOR EMERGENCY RELIEF
AND NOW comes the above-named Plaintiff, Linda M. Rich, by her attorney,
Samuel L. Andes, and petitions the Court for the entry of an emergency custody order
based upon the following:
1. The Petitioner herein is Linda M. Rich, the Plaintiff in this matter. The
Respondent herein is John K. Rich, the Defendant in this matter.
2. Contemporaneously with the filing of this petition, Plaintiff has filed a
Complaint for Custody and anticipates that the Court will schedule a conference with the
custody conciliator within the next 30 to 60 days. The averments set out in that
complaint are incorporated herein by reference.
3. Prior to the beginning of January, 1997, Plaintiff and Defendant resided
together with the three children. Prior to that time Plaintiff was the primary care provider
for the children.
4. Plaintiff was hospitalized for an emotional and psychological disorder in early
January of 1997. Upon her release from the hmipital eight days later, the Defendant
refused her to return to the family home.
5. Since her discharge from the hospital, Plaintiff has been able to see her children
only at times permitted and strictly controlled by the Plaintiff. As a result, she has been
unable to foster or maintain a good and healthy relationship with her minor children.
6. Plaintiff believes that the children are suffering from this disruption in their lives
and from the inability to see and be with Plaintiff on a regular and frequent basis.
7. Plaintiff seeks an award of shared custody which will give her substantial time
with the children on a daily and weekly basis until such time as the hearing in this matter
can be held. She believes the entry of such an order is necessary to protect her parental
relationship with the children, to assure the children that she is healthy and is actively
involved in their lives, and to provide care for the children during the times that the
.'
Defendant is not with them because of his work and other activities.
WHEREFORE, Plaintiff prays this Court to enter an interim order sharing legal and
physical custody of the children and awarding her a schedule which has the children
spend their time from after school until 9:00 p.m. each evening with her, spend
alternating weekends with her, and spend such other times as the parties may agree.
,I
I
i
By S~,-,~ ~SJ~Jj)b
Sa ue' L. Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043