HomeMy WebLinkAbout00-08455JAN 2 3 ?00
SEAN McADAMS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 00-8455
AMY RUDY, : CIVIL ACTION - LAW
Defendant : CUSTODY
ORDER OF COURT
AND NOW, this 2" _ day of January, 2001, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Custody. The parties, Sean McAdams and Amy Rudy, shall have shared
legal custody of the (minor Child, Morgan E. McAdams, born December 8, 1999. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited to, all
decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. §
5309, each parent shall be entitled to all records and information pertaining to the Child
including, but not limited to, medical, dental, religious or school records, the residence address
of the Child and of the other parent.
2. Physical Custodv.
A. Father shall have physical custody from January 26 through January 31,
2001; February 9 through February 14, 2001; February 23 through
February 26, 2001; March 5, 6, and March 9 through 12, 2001; and March
19 and 20, 2001;
B. Mother shall have physical custody on February 1 through February 8,
2001; February 15 through February 22, 2001; February 27 through
March 4, 2001; March 7 and March 8, 2001; and March 14 through March
18, 2001.
C. In the event that either party is unavailable to exercise their period of
custody for a period of three hours or more, prior to engaging the services
of a third party to provide childcare, that party shall first make a
reasonable effort to contact the other party to offer the parent the
opportunity to provide care for the Child.
No. 00-8455
3. The Custody Conciliation Conference will reconvene at the office of Melissa
Peel Greevy, Esquire, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011, on Tuesday,
March 20, 2001, at 11:00 a.m. It shall be permissible for the parties to participate by
telephone if necessary. In the event that the parties have reached an agreement prior to the
Conference date, counsel will notify the Conciliator immediately. In the event that the parties
have not reached an agreement prior to the reconvening of the Custody Conciliation
Conference, this Temporary Order will be reviewed and subject to modification. This Order is
a Temporary Order which is an agreement by the parties without prejudice to either party.
BY THE
Edgar B. Bayley, J.
Dist: William M. Blaum, Esquire, 108 N. Washington Avenue, Suite 1105, Scranton, PA 18503
Carol J. Lindsay, Esquire, 26 W. High Street, Carlisle, PA 17013
? 4"61
0 1,fir..,? 2tI. IQ I, y 3= 55
cu PENNSYLVA r?rr
6.
SEAN McADAMS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 00-8455
AMY RUDY, : CIVIL ACTION - LAW
Defendant CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
as follows:
The pertinent information concerning the Child who is the subject of this litigation is
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Morgan E. McAdams December 8, 1999 Mother
2. A Custody Conciliation Conference was held on January 17, 2001, with the
following individuals in attendance: the Father, Sean McAdams, and his counsel, William M.
Blaum, Esquire; the Mother, Amy Rudy, and her counsel, Carol J. Lindsay, Esquire.
3. The parties reached an agreement as to a Temporary Order with the understanding
that the Custody Conciliation Conference will reconvene on March 20, 2001, at 11:00 a.m.,
where Ms. Lindsay and her client will participate by telephone.
Date
?--" 0---1 -
Peel Greevy, Esquire
Custody Conciliator
r
F
SEAN MCADAMS, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
AMY RUDY,
DEFENDANT : 00-8455 CIVIL TERM
I jORDER OF COURT
AND NOW, this 6 r day of December, 2000, a hearing on the
within petition for special relief shall be conducted in Courtroom Number 2, Cumberland
County Courthouse, Carlisle, Pennsylvania at 11:15 a.m., Tuesday, December 19,
2000.
By the Court,
saa
Edgar B. Bayley,
R?g
? '??;
G'?J '?;
;?
?? ?-'
;?
,.
v i
Y MCADAMS,
Society Park Court
E
isburg, PA 17109
Plaintiff
V.
AMY RUDY,
1256 West Trindle Road
Mechanicsburg, PA 17055
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
: CIVIL ACTION - LAW
: CUSTODY/VISITATION
No. 00 - S"IyS Cu,J-
PETITION FOR SPECIAL RELIEF OF
PLAINITFF, SEAN MCADAMS. PURSUANT TO PA. R.C.P. 1915.13
NOW COMES Plaintiff, Sean McAdams, by and through his attorney, William
M. Blaum, Esquire, and hereby files a Petition for Special Relief Pursuant to Pa.R.C.P.
1915.13 as follows:
1. Plaintiff is Sean McAdams (hereinafter Plaintiff), an adult, competent
individual with a current address of 4228 Society Park Court, Suite E, Harrisburg,
Pennsylvania 17109.
2. Defendant is Amy Rudy (hereinafter Defendant), an adult, competent
individual with an address of 1256 West Trindle Road, Mechanicsburg, Cumberland
County, Pennsylvania 17055.
3. Plaintiff has filed a Petition for Custody concerning the Child, Morgan E.
WILLIAM M. BLAUM
ATTORNEY AT LAW
Sucre 1105
108 NORTH WASIIING10N AVENUE
SCRAN10N, PA 18503
(570) 961-2095
McAdams, d.o.b. 12/8/99, S.S. No. 199-78-3919 (hereinafter Child).
4. The Child was born out of wedlock and is currently in the custody of
Defendant, the natural mother of the Child.
5. Plaintiff is the natural father of the Child.
6. Defendant is currently not providing any custody of the Child to Plaintiff.
7. As a result, Plaintiff brings forth a Petition for Special Relief which seeks to
have this Honorable Court schedule a hearing/custody conciliation conference so that a
custody schedule regarding the Child in favor of Plaintiff can be established,
pending a full custody conciliation conference.
8. Plaintiff would submit that granting his Petition for Special Relief is in the
best interest and permanent welfare of the Child in that, inter alia, it promotes contact
between the Child and Plaintiff, the natural father of the Child.
9. Plaintiff is also seeking to have this Court establish a custody schedule for the
Christmas holidays.
WHEREFORE, Plaintiff, Sean McAdams, respectfully requests that this
Honorable Court grant his Petition for Special Relief by scheduling a hearing/custody
conciliation conference so that a temporary custody schedule, including the Christmas
holidays, regarding the Child in favor of Plaintiff can be established, pending a full
custody conciliation conference.
Respectfully submitted,
WILLIAM M. BLAUM
ATTORNEY AT LAW
SUITE 1105
108 NORIII WWIINGION AVENUE
SCRANTON, PA 18503
(570) 961-2095
William M. Blaum, Esquire
Attorney I.D. No. 66485
Suite 1105, 108 N. Washington Avenue
Scranton, PA 18503
(570) 961-2095
Attorney for Plaintiff, Sean McAdams
DEC-04-00
• MOH 09:49 MHZIR R CHAUDHRY 1 717 ry71 1807 P.01
P. OZ•
LEG-el-60 04:26 PM
VERIFICATION
do hereby verity that the statements made in
1, 5
the Petition for Spacial Relief ara true and correct to the best of My knot?ledse,
information and belief. The language of the foregoing document is that of counsel and
not of the undersigned himself. The undersigned has read the foregoing dooumcnt and,
to the extent that it is based upon information which has been given to his counsel, that
information is true and correct to the best of his knowledge, information and belief.
This verification is trade based upon information that is known at the time that this
document has been drafted, I understand that Use statements herein are made subject
to the penalties of 18 Pa. C.S. §4094 relating to unsworn falsifications to authorities.
SEA MCADAMS
4fle
SEAN MC°ADAMS,
4428 Society Park Court
Suite E
Harrisburg, PA 17109
Plaintiff
V.
AMY RUDY,
1256 West Trindle Road
Mechanicsburg, PA 17055
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
CUSTODYNISITATION
No.
CERTIFICATE OF SERVICE
?C
Now this day of _ 2000, I William M. Blaum,
Esquire, hereby certify that I served the within Petition for Special Relief via Certified
Mail, return receipt requested and also by United States Mail, First Class, postage
prepaid on the following person:
Amy Rudy
1256 West Trindle Road
Mechanicsburg, PA 17055
William M. Blaum, Esquire
Attorney I.D. No. 66485
Suite 1105, 108 N. Washington Avenue
Scranton, PA 18503
(570) 961-2095
Attorney for Plaintiff, Sean McAdams
4
"?:.. 1M§$?1kN§5 •. S?ilEx; S}F1. lal+a ?f.'ek5Ax??62'$F}'?F v .._ :.. _.... ':
1Z `d
C
S
rr r- `
+
y r-
q
C
Cf3 :. ;??p
Q-
(b
SEAN MCADAMS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
AMY RUDY
DEFENDANT 00-8455 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, this 15th day of December , 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 17th day of January, 2001 , 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 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.
FOR THE COURT,
By: /s/ Melissa P. Greea, Es
Custody Conciliato
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
R L E I UFI 'ICE
00 DEC 1 9 x';°;12: 52
%U v'iP- V" COUNTY
PENNSYEVANIIA
A2
r
SEAN MCADAMS, IN THE COURT OF COMMON PLEAS
4428 Society Park Court OF CUMBERLAND COUNTY
Suite E
Harrisburg, PA 17109
Plaintiff CIVIL ACTION - LAW
V. CUSTODY/VISITATION
AMY RUDY,
1256 West Trindle Road
Mechanicsburg, PA 17055 n _ e
Defendant No. o- P Yd'S' l e c °"?
ORDER
AND NOW, this day of 2000, upon
consideration of the attached Complaint, it is hereby directed that the
parties and their respective counsel appear before
the Conciliator, on the day of 2000, at
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 define and narrow the issues to be heard
by the court, and to enter into a temporary order. All children age five or
older my also be present at the Conference. Failure to appear at the
conference may provide grounds for entry of a temporary or permanent
Order.
FOR THE COURT,
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by
law to comply with the Americans with Disabilities 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 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
2
SEAN MCADAMS, IN THE COURT OF COMMON PLEAS
4428 Society Park Court OF CUMBERLAND COUNTY
Suite E
Harrisburg, PA 17109
Plaintiff CIVIL ACTION - LAW
V. : CUSTODY/VISITATION
AMY RUDY,
1256 West Trindle Road
Mechanicsburg, PA 17055
Defendant : No. 00 - ?/ 6 6? C.?'j T? COMPLAINT FOR CUSTODY
NOW COMES, the Plaintiff, Sean McAdams, by and through his
Attorney, William M. Blaum, Esquire, hereby files a Complaint for Custody as follows:
1. Plaintiff is Sean McAdams (hereinafter Plaintiff), an adult, competent
individual with an address of 4228 Society Park Court, Suite E, Harrisburg, PA 17109.
2. Defendant is Amy Rudy (hereinafter Defendant), an adult, competent
individual with an address of 1256 West Trindle Road, Mechanicsburg, Cumberland
County, PA 17055.
3. Plaintiff, who is single, is the natural father and Defendant, who is also
WILLIAM M. BLAUM
AnORNEY AT LAW
sullE 1105
108 Nonni WASHINGTON AVENUE
SWANION, PA 18503
(570) 001-2095
single, is the natural mother of the child, Morgan E. McAdams, date of birth 12/8/99
and social security number 199-78-3919, (hereinafter Child).
4. The child was born out of wedlock.
5. The child is presently in the custody of the Defendant.
6. During the past five years, the child has resided with the following persons
and at the following addresses:
3
Persons
A. Plaintiff and Defendant
B. Defendant and Natural
Grandfather of the
child, William Rudy
7. Plaintiff resides alone.
Addresses Dates
1102 Yverdon Drive Birth-07/09/00
Apartment B-8
Camp Hill, PA 17011
1256 West Trindle Road 07/10/00-present
Mechanicsburg, PA 17055
8. Plaintiff has not participated as a party or witness or in another capacity in
other litigation concerning the custody of the Child in this or another Court.
9. Plaintiff has no other information of a Custody Proceeding concerning the
Child pending in the Court of this Commonwealth.
10. Plaintiff does not know of a person, not a party to the proceedings who has
physical custody of the Child or claims to have custody or visitation rights with respect
the Child.
11. The best interest and permanent welfare of the Child will be served by
granting joint legal, primary physical or in the alternative, joint physical or liberal
temporary partial and/or visitation to Plaintiff for the following reasons:
(a) Plaintiff is in the best position to provide for the child's social,
physical and familial needs;
WILLIAM M. BLAUM
ATTORNEY AT LAW
SUITE 1105
108 NORm WMIUNGroN AvmuE
SCRANTON, PA 18503
(570) 961-2095
(b) So that the relationship between Plaintiff, the natural father of
the Child and the Child is enhanced;
(c) Plaintiff is in the best position to provide for
visitation/partial custody to the non-custodial parent;
(d) Other good cause which will be established at a Custody
Hearing/Conference;
4
(e) In the best interest and permanent welfare of the Child.
12. 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 party to this
action.
WHEREFORE, Plaintiff, Sean McAdams, respectfully requests that this
Honorable Court grant him joint legal, primary physical, joint physical and/or liberal
temporary partial and/or visitation of the child.
Respectfully submitted,
William M. Blaum, Esquire
Attorney I.D. No. 66485
Suite 1105, 108 N. Washington Ave.
Scranton, PA 18503
(570) 961-2095
WILLIAM M. BLAUM
ATTORNEY AT LAW
SUITE 1105
108 NORnI WMINGTON AVENUE
SURAMON, PA 18503
(570) 961-2095
5
VERIFICATION
do hereby verify that the statements made in
the Complaint for Custody are true and correct to the best of my knowledge,
information and belief. The language of the foregoing document is that of counsel and
not of the undersigned himself. The undersigned has read the foregoing document and,
to the extent that it is based upon information which has been given to his counsel, that
information is true and correct to the best of his knowledge, information and belief.
This verification is made based upon information that is known at the time that this
document has been drafted. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. §4094 relating to unsworn falsifications to authorities.
W
Date
6
CERTIFICATE OF SERVICE
Now this day of I)/ G 2000, I William M.
Blaum, Esquire, hereby certify that I served the within Complaint for
Custody by Certified Mail, restricted delivery and also by United States
Mail, First Class, postage prepaid on the following person:
Amy Rudy
1256 West Trindle Road
Mechanicsburg, PA 17055
William M. Blaum, Esquire
108 N. Washington Avenue
Suite 1105
Scranton, PA 18503
(570) 961-2095
WILLIAM M. BLAUM
ATTORNEY AT LAW
Sun 1105
108 NORTH WMIIINGION AWNVE
SCMNION, PA 18503
(570) 961-2095
7
c
-
ri
b ?t?EJ
r-
7
O
RV
?
G
o J
r ?
? C
r
SEAN McADAMS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. : CIVIL ACTION -LAW
: NO. 00-8455 CIVIL TERM
AMY RUDY,
Defendant : IN CUSTODY
PRAEC/PE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendant, Amy Rudy, in the
above captioned case.
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
SAIDLS
S & F4H S
26 W. High street
Carlisle, PA
By:
Lindsay, Esquire
26 West High Street
Carlisle, PA 17013
(717) 243-6222
m rr{ :
a
_
s C aTI
?
Z _ y
LAW OFFICES
JAMES D. FLOWER
JOHN E: SLIKE
ROBERT C. SAIDIS
GEOFFREY S. SHUFF
JAMES D. FLOWER, JR.
CAROL J. LINDSAY
JOHNNA J. KOPECKY
KARL M. LEDEBOHM
JOSEPH L. HITCHINGS
THOMAS E. FLOWER
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: attomey@ssfl-law.com
w .ssfl-law.com
December 14, 2000
The Honorable Edgar B. Bayley
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
Re: McAdams v. Rudy
No. 00 - 8455 Civil Term
Custody
Dear Judge Bayley:
WEST SHORE OFFICE:
2109 MARKET STREET
CAMP HILL, PA 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
I have been retained by Amy Rudy to represent her in a custody dispute. A
Petition for Special Relief is pending in your Court on Tuesday, December 19, 2000 at
11:15 a.m. I have depositions scheduled for that day and would not be able to attend.
However, I have faxed a letter today to counsel proposing a resolution which would
provide time with the child on Christmas Day and alternating weekends pending
conciliation which has yet to be scheduled.
I respectfully request a rescheduling of the special relief Petition should these
overtures towards settlement not avail. Perhaps Sharon could give me a call to let me
know how your would like to proceed. I will need to give counsel some time to speak to
his client regarding our proposal.
Thank you very much for your assistance.
Very truly yours,
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
J.
CJUt)b
cc: Amy Rudy
^(Y? DEC 11 2000
WILLIAM M. BLAUM, ATTORNEY AT LAW
10 8 NORTlI WASHINGTON AVENUE
WHUAm M. BIAum SUITE 1 105
JANET H. BIAum SCRANTON, PA 18503
PHONE: 5 70-9 61.209 5
FAx 570.961-2990
December 5, 2000
Via UPS Next Day Air
Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17103
Re: Sean McAdams v. Amy Rudy
Dear Sir/Madam:
Enclosed please find an original and three copies of a Complaint for
Custody with regard to the above referenced matter. I have enclosed a
check in the amount of $55.00 for the filing of same.
Also enclosed for filing please find an original and three copies of a
Petition for Special Relief. I would ask that you take the necessary steps to
have the Order executed and a I-Tearing scheduled prior to the Christmas
holidays.
I have also enclosed a self-addressed stamped envelope and would
request that you return time stamped copies of the Complaint and Petition to
me. Further, enclosed is a stamped envelope addressed to Ms. Rudy for
your service of the documents upon her.
Should you have any questions, please feel free to contact me.
Sincerely yours,
William M. Blaum
WMB/jn
Enc.
cc: Sean McAdams
DEC-18-00 03]09 PM r-02
SEAN McADAMS IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff : CIVIL ACTION - LAW
N• : IN CUSTODY
AMV RUDY
Defendant : No. 00-CIVIL, $455
RDER
AND NOW, this 2etCV- day of 2000, the above StipUlation
ol'C'outtsel is hereby entered as an Interim custody Order
BY THE COURT`
r
1
6-pLiD I
12-21-OU
-jS
00 0' ^ 1 !
PENINS)TVANNA
DEC-1800 03:10 PM
SEAN McADAMS : IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff : CIVIL ACTION - LAW
V. : IN CUSTODY
AMY RUDY
Defendant : No. 00-CIVIL, 8455
STIPULATION OF COUNSEL
NOW COME Plaintiff, Sean McAdams, by and through his counsel, William M. Blaum,
Fsquire and Defendant, Amy Rudy, by and through her counsel, Carol Lindsay, Esquitc and
stipulate to the following
I Plaintill'shall have physical custody of the child on alternating weekends from Friday
pickup front daycare until Sunday at 5 P M Plaintiffs first weekend shall be Friday, December
29, 2000 through Sunday, December 31, 2000.
2. Plaintill'shall be entitled to custody of the child on Christmas eve, December 24, 2000
until Christmas day, December 25, 2000 at 12 noon.
3, Transportation to effectuate the above periods of custody shall be provided by Plaintiff
P_0?
DEC-18-00 03[10 PM
McAdamsv Rudy
No. 00-('V-8455
Stipulation - Page 2
4. This Order is an Interim Custody Order will be effective until further order of Court
Tltis agreement and Order shall not prejudice Plaintifrs rights to seek additional or alternate
custody at angements.
William M. Blaunt, Esquire
Attorney 1 D, No. 66485
Suite 1105, 108 N. Washinyton Ave.
Scranton, PA 18503
(570) 961-2095
Attorney for Plaintiff
Carol Lin ay. squire
Attorney o
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Defendant
P-04
RSEAN McADAMS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 00-8455
AMY RUDY, CIVIL ACTION - LAW
Defendant CUSTODY
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 Child who is the subject of this litigation is
as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Morgan E. McAdams December 8, 1999 Mother
2. A second Custody Conciliation Conference was held on March 20, 2001, with the
following individuals in attendance: the Father, Sean McAdams, and the Mother, Amy Rudy.
Counsel, William M. Blaum, Esquire, and Carol J. Lindsey, Esquire, participated with their
clients by telephone.
3. The parties reached an agreement in the form of an Order as attached.
916 z
Date
ca; W, &?'
Melissa Peel Greevy, Esqui e
Custody Conciliator
No. 00-8455
4. Holidays. The holiday schedule shall take precedence over the regular schedule.
A. Father's Day and Mother's Day. Father's Day custody shall be with
Father and continue overnight until Monday morning. Mother's Day
custody shall be with Mother and shall continue overnight that Sunday
until Monday morning.
B. Christmas. Christmas holidays shall be divided into two segments,
Segment A and Segment B. Segment A shall be from December 24th at
Noon until December 25" at Noon. Segment B shall be from December
25th at Noon until December 26th at Noon. In odd-numbered years Mother
shall have Segment A and Father shall have Segment B. In even-
numbered years Father shall have Segment A and Mother shall have
Segment B.
C. Easter and Thanksgiving. There shall be two custodial periods for these
Holidays. Segment A shall be on the holiday until 3:00 p.m. Segment B
shall be from 3:00 p.m. until 8:00 p.m., unless otherwise agreed. Mother
shall have Segment A each year and Father shall have Segment B each
year.
D. Trick-or-Treat. Trick-or-treat shall be shared by the parties as they shall
agree. If the communities in which the parents reside schedule trick-or-
treat on the same night, Mother shall have custody for trick-or-treat in
even-numbered years and Father shall have trick-or-treat in odd-
numbered years, unless otherwise agreed.
5. Based on the parties having equally shared custody, the parties further agreed that
Mother shall claim Federal Income Tax deductions related to the Child for the year 2001. In
2002 and even-numbered years thereafter, Mother shall be entitled to claim these deductions.
In the year 2003 and odd-numbered years thereafter, Father shall be entitled to claim these
deductions. The parties' agreement as to the tax exemption and tax credits is modifiable
based on a material change and circumstances.
BY THE
Edgar B.
Dist: William M. l3laum, Esquire, 108 N. Washington Avenue, Suite 1105, Scranton, P@118503
Carol J. Lindsey, Esquire, 26 W. High Street, Carlisle, PA 17013
?P
DARY
a.1JUN'rY
f-'cf?JNS'i'Ll!?,'v7A
MAR 2 6 20010
SEAN McADAMS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 00-8455
AMY RUDY, : CIVIL ACTION - LAW
Defendant : CUSTODY
ORDER OF COURT
AND NOW, this 21 day of March, 2001, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Custody. The parties, Sean McAdams and Amy Rudy, shall have shared
legal custody of their minor Child, Morgan E. McAdams, born December 8, 1999. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited to, all
decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S.
§5309, each parent shall be entitled to all records and information pertaining to the Child
including, but not limited to, medical, dental, religious or school records, the residence address
of the Child and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with
the other parent within such reasonable time as to make the records and information of
reasonable use to the other parent.
2. Physical Custody. This Order shall be effective March 26, 2001. The parties shall
share physical custody in the following fashion:
A. Father shall have physical custody from each Monday and Tuesday until
he returns the Child to daycare on Wednesday morning.
B. Mother shall have physical custody each Wednesday and Thursday until
she returns the Child to daycare on Friday morning.
C. The parties shall have alternating weekends which shall run from Friday at
4:00 p.m, until Monday morning when the Child returns to daycare.
3. Vacation. Each parry shall be entitled to up to two non-consecutive weeks of
summer vacation subject to a thirty-day notice to the other parent. The vacation period shall
be scheduled to commence with the vacationing parent's custodial weekend. Upon
agreement of the parties, vacation time may be taken in periods of less than a complete week.
SEAN McADAMS : IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff : CIVIL ACTION - LAW
V. IN CUSTODY
AMY RUDY
Defendant : No. 00-CIVIL- 8455
SEAN MCADAMS' CUSTODY CONFERENCE
MEMORANDA, PURSUANT TO LOCAL RULE 1915.3-4
NOW COMES Sean McAdams, by and through his attorney, William M. Blaum, Esquire,
and hereby files a Custody Conference Report, pursuant to Cumberland county Local Rule
1915.3-4, as follows:
(a) A list of all fact witnesses:
1. Sean McAdams;
2. Amy Rudy;
3. Representative of child's daycare, including, but not limited to J. Berry;
4. Kim McAdams;
5. Beverly Kim;
6. Mike McAdams;
7. Cross-examination of any witness presented on behalf of Defendant;
8. Plaintiff reserves the right to present rebuttal witnesses as necessary;
9. Plaintiff reserves the right to present further witnesses as may become necessary during
the course of litigation.
(b) List of Expert Witnesses:
None at this time. Plaintiff reserves the right to call an expert(s) and supplement this
response.
(c) Issues for resolution:
1. Whether Plaintiff should have joint legal and primary physical or joint physical custody
of the child?
2. Whether the above grant of relief in Plaintiffs favor is in the best interest and
permanent welfare of the child?
3. Whether Plaintiff is the party who will provide better, more reasonable and consistent
access to the child?
4. Establishing a regular, and consistent and appropriate custody schedule for Plaintiff,
including primary physical or joint physical or liberal partial physical custody to include regular
periods, including weekends and weekdays, vacations and holidays.
5. Transportation to effectuate the above periods of Plaintiff s custody.
Plaintiff herein incorporates the allegations contained in his Complaint for custody.
(d) Estimated length of trial:
1/: day/4 hours.
(e) Any reports from appropriate agencies:
N/A.
(f) Any reports of experts to be called as witnesses:
At this stage, Plaintiff does not anticipate calling any expert witnesses to testify.
However, Plaintiff reserves the right to present expert testimony, if necessary. This section shall
be seasonably supplemented as necessary.
Respectfully submitted,
William M. Blaum, Esquire
Attorney I.D. No. 66485
Suite 1105, 108 N. Washington Ave.
Scranton, PA 18503
(570) 961-2095
Attorney for Plaintiff, Sean McAdams
SEAN McADAMS
Plaintiff
VS.
AMY RUDY
Defendant
BEVERLY KIM and RALPH KIM
Plaintiff
VS.
SEAN MCADAMS and AMY RUDY
Defendant
FEB 16 2007
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-8455 CIVIL ACTION LAW V/
IN CUSTODY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
61-/ -3797
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this f day of 117a"A , 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated January 14, 2005, is vacated and replaced with this
Order.
2. The Paternal Grandparents shall have partial physical custody of the Child on the first and
third weekends of each month beginning on March 3, 2007, from Saturday at 1:15 p.m. through
Sunday at 5:00 p.m. In the event the Paternal Grandparents' period of custody falls on a holiday
weekend, the Mother shall have custody of the Child and the Grandparents' period of custody shall be
rescheduled to the immediately following weekend.
3. Unless otherwise agreed, all exchanges of custody shall take place at the church in Hanover
selected by agreement.
4. The Mother shall provide the Child's activity schedules to the Paternal Grandparents at
exchanges of custody on a regular basis upon receipt by the Mother.
5. The parties shall refrain from smoking in the car or residence or generally in the presence of
the Child during periods of custody.
6. The Paternal Grandmother shall notify the Mother promptly in the event of a significant
event or development concerning the Child's health or welfare during the Paternal Grandparents'
period of custody.
7. The Paternal Grandparents shall cooperate with any requests of the Child's counselor to
involve the Grandparents in the Child's counseling process.
8. The parties and counsel shall attend an additional custody conciliation conference in the
office of the conciliator, Dawn S. Sunday, on Tuesday, April 17, 2007 at 9:00 a.m. for the purpose of
reviewing the custodial arrangements.
9. 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.
10. The custody proceedings between the Father, Sean McAdams, and the Mother, Amy Rudy
(n/k/a Amy Holsinger) at Docket No. 00-8455 and between the Paternal Grandparents, Beverly Kim
and Ralph Kim and the parents, Sean McAdams and Amy Rudy (n/k/a Amy Holsinger) at Docket No.
04-2797 are hereby consolidated as reflected in the above caption.
BY THE COURT,
'T'RH COPY FROM RECORD
tff T Y hMWF ! 9e g Unto setffW
ft Seel of saV Carlisle, Pa.
-daY ?r'. Much QQQ7
cc: Pofa"'rk K. Emery, Esquire - Counsel for Paternal Grandpa]
(.,Zizabeth B. Stone, Esquire - Counsel for Mother
V Bean McAdams, Father
APR 83 2007pi ?'
SEAN MCADAMS
Plaintiff
VS.
AMY RUDY
Defendant
BEVERLY KIM and RALPH KIM
Plaintiff
vs.
SEAN MCADAMS and AMY RUDY
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-8455 CIVIL ACTION LAW
IN CUSTODY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-3797 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this day of t 1` , 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Orders of this Court dated March 1, 2007, October 14, 2004 and March 27, 2001
are vacated and replaced with this Order.
2. The Father, Sean McAdams, and the Mother, Amy Rudy, shall have shared legal custody of
Morgan E. McAdams, born December 8, 1999. Each parent shall have an equal right, to be exercised
jointly with the other parent, to make all major non-emergency decisions affecting the Child's general
well being including, but not limited to, all decisions regarding her health, education and religion.
Each parent shall be entitled to have equal access to all records and information pertaining to the Child
including, but not limited to, school and medical records and information.
3. The Mother shall have primary physical custody of the Child.
4. The Father shall have partial physical custody of the Child on alternating weekends,
beginning on Saturday, April 21, 2007, from Saturday at 10:00 a.m. through Sunday at 6:00 p.m. The
parties agree to maintain flexibility in the exchange times to accommodate the Child's activities when
necessary. In the event the Father is unavailable and makes plans for the Child to spend time with
another family member during his period of custody, the Father shall notify the Mother in advance and
shall also provide advance notice if another family member is providing transportation for the
exchange of custody.
5. The parties shall share or alternate having custody of the Child on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run
from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall
run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years,
60 :Zl Wd SZ M LOOZ
AUd.LC NOM' Odd alll J4
the Mother shall have custody of the Child during Segment A and the Father shall have custody during
Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and
the Mother shall have custody during Segment B.
B. Thanksgiving: In every year, the Mother shall have custody of the Child for
Thanksgiving from Wednesday at 3:00 p.m. through Thanksgiving Day at 3:00 p.m. and the Father
shall have custody from Thanksgiving Day at 3:00 p.m. through the following Friday at 3:00 p.m.
C. Easter: The parent who has custody of the Child on Easter weekend under the
regular alternating weekend schedule shall have custody of the Child on Easter Sunday until 3:00 p.m.
and the other parent shall have custody from Easter Sunday at 3:00 p.m. through Monday at 4:00 p.m.
D. Father's Day/Mother's Day: In every year, the Father shall have custody of the
Child for Father's Day and continuing overnight until Monday at a time to be arranged by agreement.
In every year, the Mother shall have custody of the Child for Mother's Day and continuing overnight
through Monday, with the specific times for exchanges to be arranged by agreement.
E. MondU school holidays: For Monday school holidays which are not otherwise
addressed in this provision, the parent who has custody of the Child for the weekend immediately
preceding the Monday holiday shall retain custody of the Child through Monday at 4:00 p.m.
F. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
6. Each parent shall be entitled to have custody of the Child for up to two non-consecutive
weeks of summer vacation each year upon providing thirty days advance notice to the other parent.
Vacation time under this provision may be scheduled in periods of less than a complete week. Unless
otherwise agreed between the parties, each party shall schedule his or her periods of vacation custody
under this provision to include that party's regular weekend period of custody if the vacation period
extends through a weekend. In the event of a conflict between the parties' vacation schedules, the
parent providing notice first shall be entitled to preference on his or her selection of vacation dates.
7. Unless otherwise agreed between the parties, exchanges of custody shall take place at the
Giant parking lot on Route 15 in Dillsburg, Pennsylvania.
8. The parties shall refrain from smoking in the car or residence or generally in the presence of
the Child during periods of custody.
9. All parties shall follow the recommendations of the counselor with regard to participation in
the Child's counseling.
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.
BY THE COURT,
?,? , W
Kevin A. ess
cc: Mark K. Emery, Esquire -Counsel for Paternal Gran arents
Elizabeth B. Stone, Esquire - Counsel for Mother
Sean McAdams - Father
J.
. .
SEAN MCADAMS
Plaintiff
vs.
AMY RUDY
Defendant
BEVERLY KIM and RALPH KIM
Plaintiff
vs.
SEAN MCADAMS and AMY RUDY
Defendant
Prior Judge: Kevin A. Hess
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-8455 CIVIL ACTION LAW
IN CUSTODY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-3797 CIVIL ACTION LAW
IN CUSTODY
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 Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Morgan E. McAdams December 8, 1999 Mother
2. A custody conciliation conference was held on April 17, 2007 with the following
individuals in attendance: the plaintiff Paternal Grandmother, Beverly Kim, with her counsel, Mark K.
Emery, Esquire, the Mother, Amy Holsinger (formerly Rudy), with her counsel, Elizabeth B. Stone,
Esquire, and the Father, Sean McAdams, who is not represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator