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HomeMy WebLinkAbout03-2132 DEBORAH HADLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 3 L GERALD K. BUSH, CIVIL ACTION -LAW Defendant CUSTODY COMPLAINT FOR CUSTODY 1 • Plaintiff is Deborah Hadley, residing at 10 16t` Street, Newbury, Plum Island, Massachusetts 01951. 2. The defendant is Gerald K. Bush, residing at 4 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of Kyle Bush, born May 21, 1994. 4. The child was not born out of wedlock. The child is presently in the custody of Gerald K. Bush, who has had custody of the child since August, 2001. 5. For the past five years, the child has resided with the following persons at the following addresses: Custodian Address Dates Deborah Hadley-Bush 4 Hunter Lane Gerald K. Bush 1998 -August 4, 1999 Camp Hill, PA Shared custody-alternate Weekends Gerald K. Bush 4 Hunter Lane Camp Hill, PA Deborah Hadley 4173 Grouse Court Mechanicsburg, PA Gerald K. Bush 4 Hunter Lane 2001-2002 Camp Hill, PA Deborah Hadley 173 Winter Street summer recess, Brockton, MA vacation Gerald K. Bush 4 Hunter Lane 2002-2003 Camp Hill, PA Deborah Hadley 10 16`h Street summer recess, Newbury, MA vacation 6. The mother of the child is Deborah Hadley who currently resides at 10 16th Street, Newbury, Plum Island, Massachusetts. She is single. 7. The father of the child is Gerald K. Bush, currently residing at 4 Hunter Lane, Camp Hill, Pennsylvania. He is married. 8. The plaintiff currently resides alone. 9. The defendant currently resides with Sharon Bush 10. 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. 11. The plaintiff has no information of a custody proceeding concerning the child pending in a court in this Commonwealth or in any other court. 12. 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 to the child. 13. The best interest and permanent welfare of the child will be served by granting the plaintiff temporary custody of Kyle Bush during the summer, school vacations and long holiday weekends. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests this Court to award her temporary physical custody of Kyle Bush. I- :> Timothy J. squire Turner and O'Connell 4415 North Front Street Harrisburg, PA 17110 (717) 232-4551 AY-05-200302 :33 PM D. Hadley 978 462 4697 P.01 Verifleation I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: Deborah Hadley \. ?, Q O 1 U; ?? U ?i ? c? `' ?? DEBORAH HADLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-2132 CIVIL ACTION LAW GERALD K. BUSH IN CUSTODY DEFENDANT ORDER OF C0tJRT AND NOW, Friday, May 09, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, June 09, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P Greevy,?-s.a Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ro-,4 S £0.6 -I' JUN 1 3 2003 DEBORAH HADLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. GERALD K. BUSH, Defendant ORDER OF COURT NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, this _5# day of June, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Deborah Hadley and Gerald K. Bush, shall have shared legal custody of the minor child, Kyle Bush, born May 21, 1994. 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 his 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. Father shall have primary physical custody. Mother shall have custody in the Summer 2003 for the period from June 15, 2003 through June 28, 2003 and July 20, 2003 through August 23, 2003. Mother shall also have custody for the period from October 2, 2003 through October 5, 2003. 3. Summer Schedule from 2004 Forward. If the child does not participate in baseball, Mother shall have custody from the first Sunday following the last day of school through the Saturday prior to the beginning of the next academic school year. 4. Vacation. By April 1st of each year Father will provide Mother with notice of his intended vacation for the upcoming summer. Father shall be entitled to ten (10) uninterrupted days of vacation each year during the summer school recess. In the event that Father has not provided notice by April 1st, Mother shall be free to schedule her own vacation with the child or other activities, such as sports camps. 5. The Court acknowledges that the parties have not worked out the remaining periods of custody for the academic school years and subsequent summers when the child plays baseball. Counsel and their parties are to work on a stipulation addressing these MNN/AWvMN3d I I :L) 1, 1 NIT F.:0 NO. 03-2132 CIVIL TERM issues which shall be filed with the Court by July 9, 2003. In the event that the parties are not able to resolve the remaining issues by stipulation, counsel for either party may make a letter request to reconvene the custody conciliation conference to resolve those remaining scheduling issues. BY THE COURT: ( J. Dist: Timothy J. O'Connell, Esquire, 4415 N. Front Street, Harrisburg, PA 17110 Marlin L. Markley, Esquire, 2108 Market Street, Camp Hill, PA 17011 J 63 7- Q1' DEBORAH HADLEY, Plaintiff V. GERALD K. BUSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2132 CIVIL TERM 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 THE CUSTODY OF Kyle Bush May 21, 1994 Father 2. A Custody Conciliation Conference was held on June 9, 2003 subsequent to Mother's filing a Complaint for Custody on May 5, 2003. Present for the conference were the Mother, Deborah Hadley and her counsel, Timothy O'Connell, Esquire; the Father, Gerald K. Bush and his counsel, Marlin L. Markley, Esquire. 3. The parties reached an agreement with regard to the Summer 2003 schedule, future summer schedules when the child does not play all star baseball, and future summer vacation plans. The parties also reached an agreement regarding a long weekend in the month of October 2003. 4. Issues upon which the parties did not reach an agreement: the remaining custodial weekends for the school year and subsequent summer schedules in the event that the child plays all star baseball. 5. The custody conciliation conference was productive. The parties worked diligently to find common ground and clarify the points at which their views diverged. However, we were not able to complete work on all the unresolved issues for lack of time. Therefore, counsel agreed to work on the remaining issues over the next thirty (30) days. In the event that the parties have not resolved the remaining issues with counsel within that period of time, by written letter request of either party, the conciliation conference may be reconvened. NO. 03-2132 CIVIL TERM 6. An Order reflecting their agreements is attached. The provision regarding legal custody is recommended by the Conciliator. wo? Date Melissa Peel Greevy, E quire Custody Conciliator :214553 SEP 1 2 2003 DEBORAH HADLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-2132 CIVIL TERM V. CIVIL ACTION - LAW GERALD K. BUSH, IN CUSTODY Defendant OLER, J. --- ORDER OF COURT AND NOW, this day of September, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Parties, Deborah Hadley and Gerald K. Bush, shall have shared legal custody of the minor child, Kyle Bush, born May 21, 1994. 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 weld-being including, but not limited to, all decisions regarding his 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. Father shall have primary physical custody. Mother shall have custody for the following weekends during the 2003/2004 school year: October 2, 2003 through October 5, 2003 November 7, 2003 through November 10, 2003 December 5, 2003 through December 7, 2003 January 16, 2004 through January 19, 2004 February 19, 2004 through February 22, 2004 March 18, 2004 through March 21, 2004 April 2, 2004 through April 5, 2004 May 28, 2004 through May 31, 2004 The intent of the custodial schedule is, while Mother ins residing in Massachusetts, to provide her with one long custodial weekend per month during the school year. y } ; (. 0 NO. 03-2132 CIVIL TERM 3. Christmas Break 2004. Mother shall have custody for the 2003/2004 Christmas/New Year's school recess for the period from December 29, 2003 through January 4, 2004. 4. Summer Schedule from 2004 Forward. In the event the child does not participate in baseball, Mother shall have custody from the first Sunday following the last day of school through the Saturday prior to the beginning of the next academic school year. If the child goes to Mother's house for the summer, commencing June 6, 2004, Father shall be entitled to have custody for the weekend of May 28, 2004 through May 31, 2004. If, however, the child participates in all-star baseball, counsel will work with the parties to develop a plan similar to that used for the summer of 2003. 5. Vacation. By April 1St of each year Father will provide Mother with notice of his intended vacation for the upcoming summer. Father shall be entitled to ten (10) uninterrupted days of vacation each year during the summer school recess. In the event that Father has not provided notice by April 1St, Mother shall be free to schedule her own vacation with the child or other activities, such as sports camps. 6. Reasonable Telephone Contact. The child shall be entitled to make telephone calls to the non-custodial parent upon his request. That non-custodial parent shall enjoy reasonable telephone contact with the child. At minimum, the custodial parent shall make the child available for telephone calls from the non-custodial parent on Wednesdays and Sundays each week. Dist: Vrimothy J. O'Connell, Esquire, 4415 N. Front Street, Harrisburg, PA 17110 /Marlin L. Markley, Esquire, 2108 Market Street, Camp Hill, PA 17011 LIAJ.IAJ-i- R? 04-11?-U3 nV TuC rni IMT. DEBORAH HADLEY, Plaintiff V. GERALD K. BUSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTYRULE 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 THE CUSTODY OF Kyle Bush May 21, 1994 Father 2. The Custody Conciliation Conference reconvened on August 21, 2003 by plan of the parties as provided in the Order of June 15, 2003. Attending the Custody Conciliation Conference were the Mother, Deborah Hadley, and her counsel, Timothy J. O'Connell, Esquire; the Father, Gerald K. Bush, and his counsel, Marlin L. Markley, Esquire. The parties reached an agreement in the form of Order as attached. gib Date l ??J?? Nfelis;>a Peel Greevy, Esquire Custody Conciliator :217922 DEBORAH HADLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-2132 Civil Tenn GERALD K. BUSH, CIVIL ACTION -LAW Defendant CUSTODY PETITION TO MODIFY CUSTODY 1. Plaintiff is Deborah Hadley, residing at 216 High Street, Newburyport, Massachusetts 01950. 2. The defendant is Gerald K. Bush, residing at 4 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of Kyle Bush, born May 21, 1994. 4. The child was not born out of wedlock. The child is presently in the custody of Gerald K. Bush, who has had custody of the child since August, 2001. 5. For the past five years, the child has resided with the following persons at the following addresses: Custodian Address Dates Deborah Hadley-Bush Gerald K. Bush Shared custody-alternate Weekends Gerald K. Bush Deborah Hadley 4 Hunter Lane Camp Hill, PA 4 Hunter Lane Camp Hill, PA 4173 Grouse Court Mechanicsburg, PA 1998 - August 4, 1999 Gerald K. Bush 4 Hunter Lane 2001-2002 Camp Hill, PA Deborah Hadley Gerald K. Bush Deborah Hadley 173 Winter Street Brockton, MA 4 Hunter Lane Camp Hill, PA 10 16`h Street Newbury, MA summer vacation, holiday weekends 2002-present summer vacation, holiday weekends 2002-June 2003 Deborah Hadley 216 High Street summer vacation, Connie Reinhardt Newburyport, MA holiday weekends June 2003-present 6. The mother of the child is Deborah Hadley who currently resides at 10 16`h Street, Newbury, Plum Island, Massachusetts. She is single. 7. 8. 9. 10. 11 12. The father of the child is Gerald K. Bush, currently residing at 4 Hunter Lane, Camp Hill, Pennsylvania. He is married. The plaintiff currently resides with Connie R.eihardt. The defendant currently resides with Sharon Bush 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. The plaintiff has no information of a custody proceeding concerning the child pending in a court in this Commonwealth or in any other court. 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 to the child. 13. The best interest and permanent welfare of the child will be served by granting the plaintiff custody of Kyle Bush because of superior educational opportunities where plaintiff resides as well as her schedule which permits her to spend more parental tune with Kyle on a daily basis than is now possible. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests this Court to award her primary physical custody of Kyle Bush. Timothy J. O'Connell, Esquire Turner and O'Connell 4415 North Front Street Harrisburg, PA 17110 (717) 232-4551 JL'L 28 '04 09:34AM TURNER & O'CONNELL YMLCAUM P.2 I verify that the statements made in the foregoing Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Jute: Deborah H e °4-• W "C of 4 a 1- ?I 1 r ' N d t C_ C:C f W CJ W W 'T7 R -ri "T7 1.7 T din `.17 DEBORAH HADLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-2132 CIVIL ACTION LAW GERALD K. BUSH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday August 11, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street Lemoyne PA 17043 on Thursday, September 09, 2004 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P Gr"y,moo mnc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Y SEP 16 2004 Y DEBORAH HADLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-2132 CIVIL TERM V. GERALD K. BUSH, CIVIL ACTION -LAW Defendant IN CUSTODY OLER, J. --- ORDER OF COURT AND NOW, this 235 ? day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leoal Custody. The parties, Deborah Hadley and Gerald K. Bush, shall have shared legal custody of the minor child, Kyle Bush, born May 21, 1994. 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 his 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. Father shall have primary physical custody. Mother shall have custody for the following weekends during the 2004/2005 school year: September 24, 2004 through September 26, 2004 October 8, 2004 through October 11, 2004 October 29, 2004 through October 31, 2004 November 24, 2004 through November 29, 2004 December 10, 2004 through December 12, 20C14 December 23, 2004 through December 29, 2004 January 14, 2005 through January 17, 2005 February 4, 2005 through February 6, 2005 February 17, 2005 through February 21, 2005 March 11, 2005 through March 13, 2005 March 23, 2005 through March 28, 2005 April 8, 2005 through April 10, 2005 April 27, 2005 through May 1, 2005 May 6, 2005 through May 8, 2005 May 27, 2005 through May 30, 2005 June 24, 2005 through June 27, 2005 (Mother's graduation weekend) _r ?_-- ;_ ,, ?' ___ - ? , , ? => ?-= _ = -? M r i ? c?_ C?: :L" 11.1 i _ ?" ?`? i .7 Cv t) NO. 03-2132 CIVIL TERM 3. The child shall be entitled to make telephone calls to the non-custodial parent upon his request. That non-custodial parent shall enjoy reasonable telephone contact with the child. At minimum, the custodial parent shall make the child available for telephone calls from the non-custodial parent on Wednesdays and Sundays each week. 4. The parties may continue using their custom of using BWI Airport in order to accomplish better prices for flight expenses. Alternatively, if using a direct flight, Father may pay the difference in the flight expenses in order to cover the fees for the child as an unaccompanied minor. The parties will use Harrisburg International for the Christmas roundtrip flight from Logan. Mother will endeavor to schedule a morning flight for the end of her custodial period over the Christmas holiday break. 5. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the 29th day of October, 2004 at 10:00 o'clock A.M., and is limited to the sole issue of the schedule of Mother's partial custody during the Summer school recesses. Mother, Deborah Hadley, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro' se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: 1, 6,11, ? rJr., J. V Dist: ?Ti othy J. O'Connell, Esquire, 4415 N. Front Street, Harrisburg, PA 171110 rald K. Bush, 4 Hunter Lane, Camp Hill, PA 17011 DEBORAH HADLEY, Plaintiff V. GERALD K. BUSH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW Defendant 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 THE CUSTODY OF Kyle Bush May 21, 1994 Father 2. The third Custody Conciliation Conference was held on September 10, 2004 subsequent to Mother's filing a Petition to Modify Custody on July 30, 2004. Present for the conference were the Mother, Deborah Hadley and her counsel, Timothy O'Connell, Esquire; the Father, Gerald K. Bush attended pro se. However, Father indicates that he plans to retain counsel for the hearing regarding the Summer partial custody schedule. 3. The parties reached an agreement with regard to the school year schedule for 2004/2005. However, the parties were not able to resolve the issue of the Summer schedule for the years 2005 going forward until the Summer after the child completes eighth grade. 4. Mother's Dosition on custodv is as fnlln Mother has determined to withdraw her request for rims It is first important to note that However, she reserves the right to pursue that modification a physical t some point in thelfuture. While Mother recognizes the positive role that organized sports can play for children, she believes that the child's sports schedule should not be determinative of her summer periods of custody. She believes this is especially true because of the limitations placed on her partial custody scheduled by reason of her residence in Massachusetts.; until the child is entering high school, the Summer baseball schedule hou dhbe su'bo dinate to custodial time for the child with his Mother. Mother also believes that there is a value of the experience of parenting the child for longer continuous blocks of time during the summer, that is not available when the blocks of time are interrupted as in Father's proposal. NO. 03-2132 CIVIL TERM 5. Father's position on the Summer schedule is as follows: Father would like to first consider the child's all-star baseball schedule in arranging the schedule of sharing time for the Summer. He proposes that Mother have approximately two (2) weeks at the beginning of the Summer, followed by three (3) weeks with Father, followed by approximately five and a half (5%) weeks with Father. 6. Because the parties have not reached an agreement with regard to the Summer schedule and because this is likely to be a recurrent issue for them, the Conciliator recommended to the parties that we put in place the agreement which they worked diligently to complete for the 2004/2005 school year, and arrange a hearing before Judge Oler to resolve the Summer custodial schedule for the Summers 2005 going forward. By the parties' mutual agreement, the rule which the Court imposes will be in place until the Summer prior to the child's entry into high school. To the parties' credit, their ability to work cooperatively in setting the school year custody calendar has improved significantly over the period of three conciliations. /'154 Date Melissa Peel Greevy, Esquire Custody Conciliator :235378 DEBORAH HADLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW GERALD K. BUSH, Defendant NO. 03-2132 CIVIL TERM ORDER OF COURT AND NOW, this 13`h day of October, 2004, upon consideration of Defendant's request for a continuance as expressed in the attached letter from his counsel, Samuel L. Andes, Esq., and of Plaintiff's response as expressed in the attached letter from her counsel, Timothy J. O'Connell, Esq., the request for a continuance of the hearing scheduled for October 29, 2004, at 10:00 a.m., is denied. BY THE COURT, -," imothy J. O'Connell, Esq. 4415 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff I,Xamuel L. Andes, Esq. 525 N. 12th Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant /Q -13-0 :rc / /- . n I ;1_?i, v? ?? " ?,' ? `'?'1 h'1?? SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. HOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (7V) 7BD5361 F" 7 October 2004 (111) 161-1435 The Honorable J. Wesley Oler Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, Pa 17013 RE: Deborah Hadley vs. Gerald K. Bush No. 03-2132 Dear Judge Oler: Gerald Bush has asked me to represent him in the above custody action, which is scheduled for a hearing before you at 10:00 a.m. on 29 October 2004. Unfortunately, 1 am not available at that time because of a prior commitment and f write to request that the hearing be rescheduled. I do not believe postponing the hearing will present much of a problem, as the parties have worked out their custody schedule through May of 2005 and the purpose of this hearing is to address a schedule for next summer. I have sent a copy of this letter to Timothy O'Connell, Esquire, who represents the Plaintiff and I expect we will hear from him shortly if he opposes my request for a postponement. Sincerely, Samue L. Andes amh cc: Gerald K. Bush Timothy J. O'Connell, Esquire OCZ - S 7004 TURNER AND O'CONNELL ATTORNEYS AT LAW 4415 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE 717-232-4551 JAMES H. TURNER TIMOTHY J. O'CONNELL October 8, 2004 The Honorable J. Wesley Oler Court of common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Hadley v. Bush No. 03-2132 FAX 717-232-2115 Dear.Judge Oler: 1 am in receipt of Mr. Andes' letter of October 7, 2004. My client lives in Massachusetts and has already made non-refundable airline and hotel reservations in anticipation of the October 29`h hearing. She has some flexibility, however, as to the time of the hearing provided it takes place on October 29`h as scheduled. She must be on the road to catch her flight out of Baltimore no later than 2:30 on that date. Any time prior to 2:30 p.m., October 29would be acceptable. Your eooperaticm on tnis matte: is appreciates. Sincerely, Timothy J. O'Connell TJO:sf Cc: Samuel L. Andes,-Esquire DEBORAH HADLEY, Plaintiff VS. GERALD K. BUSH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2132 CIVIL TERM IN DIVORCE Defendant PRAECIPE TO THE PROTHONOTARY: Please enter my appearance for the Defendant in the above-captioned action. es?? %%- e L. 525 N. 12" Street Lemoyne, PA 17043 (717) 761-5361 Supreme Court ID 17225 £= c Lrt X3 Cal DEBORAH HADLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION--LAW GERALD K. BUSH, Defendant : No. 03-2132 CIVIL TERM ORDER OF COURT AND NOW, this ' St day of November, 2004, upon consideration of Plaintiff's Complaint for Custody with respect to the parties' child Kyle Bush (d.o.b. May 21, 1994), and following a hearing held on October 29, 2004, at which the primary issue presented to the court for resolution was that of the custody schedule to be followed for the summer of 2005, it is ordered and directed as follows: 1. During the summer of 2005, a. The mother shall have custody of the child for a period of one week commencing on the Monday after the end of school; for the period from June 23 to June 27; and for the period from July 16 to August 22; b. The father shall have custody of the child for the other periods in the summer; 2. The mother shall notify the father at least 30 days in advance of flight schedules with respect to which the father's presence at an airport will be necessary for purposes of custody exchanges. 3. In all other respects, the terms of the order of court dated September 23, 2004, shall remain in full force and effect. s v'?fl? r! v CZ.E Wd I - AGNWZ 3CU-"31U 4. Nothing herein is intended to preclude the parties from deviating from the custodial terms of this order by mutual agreement. -Ofimothy J. O'Connell, Esq. 4415 N. Front St. Harrisburg, PA 17110 Attorney for Plaintiff ,amuel L. Andes, Esq. 525 N. 12th St. P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant Wesley O1 " Jr., J. BY THE COURT, DEBORAH HADLEY, Plaintiff v GERALD K. BUSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2132 CIVIL TERM CIVIL ACTIN - LAW IN CUSTODY IN RE: SUMMER VISITATION ORDER OF COURT AND NOW, this 29th day of October, 2004, upon consideration of Plaintiff's complaint for custody, and following a hearing held on October 29,, 2004, at which the main issue presented to the Court for disposition was the summer schedule of custody with respect to the parties' child, Kyle Bush (date of birth, May 21, 1994), for 2005, and a minor issue involved the notice to be given by the Mother with respect to flight schedules for exchanges in custody, the record is declared closed, and the matter is taken under advisement. By the Court, J -Wesley O r., . Amothy J. O'Connell, Esquire -!Samuel L. Andes, Esquire 4415 N. Front Street 525 N. 12th Street Harrisburg, PA 17110 P.O. box 168 For the Plaintiff Lemoyne, PA 17043 :mae o?'ll 3 J -_ h d Yl . t C (D cv DEBORAH HADLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW GERALD K. BUSH, NO. 03-2132 CIVIL TERM Defendant PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER The petition of Deborah Hadley respectfully represents that on November 1, 2004, an Order of Court was entered for partial custody, a true and correct copy of which is attached hereto. 2. This Order should be modified because the parties are unable to agree on a partial custody schedule for the school year and summer of 2005-2006. WHEREFORE, petitioner requests that the Court modify the existing Order for partial custody because it will be in the best interest of the child. Timothy J. O'Connell, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 Attorney for Deborah Hadley SUBSTITUTED VERIFICATION I, Timothy J. O'Connell, Esquire, attorney for Deborah Hadley, hereby verify that I am fully familiar with the facts of the within case; that the facts set forth in the foregoing are true and correct to the best of plaintiff knowledge, information and belief, all as related to the undersigned by plaintiff; that I have been authorized to execute this verification on behalf of plaintiff. The undersigned understands that this verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: 10/31/05 Timo y J. O'Connell DEBORAH HADLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW GERALD K. BUSH, Defendant : No. 03-2132 CIVIL TERM ORDER OF COURT AND NOW, this 5r day of November, 2004, upon consideration of Plaintiff's Complaint for Custody with respect to the parties' child Kyle Bush (d.o.b. May 21, 1994), and following a hearing held on October 29, 2004, at which the primary issue presented to the court for resolution was that of the custody schedule to be followed for the summer of 2005, it is ordered and directed as follows: 1. During the summer of 2005, a. The mother shall have custody of the child for a period of one week commencing on the Monday after the end of school; for the period from June 23 to June 27; and for the period from July 16 to August 22; b. The father shall have custody of the child for the other periods in the summer; 2. The mother shall notify the father at least 30 days in advance of flight schedules with respect to which the father's presence at an airport will be necessary for purposes of custody exchanges. 3. In all other respects, the terms of the order of court dated September 23, 2004, shall remain in full force and effect. 4. Nothing herein is intended to preclude the parties from deviating from the custodial terms of this order by mutual agreement. BY THE COURT, Timothy J. O'Connell, Esq. 4415 N. Front St. Harrisburg, PA 17110 Attorney for Plaintiff Samuel L. Andes, Esq. 525 N. 12th St. P.O. BOX 168 Lemoyne, PA 17043 Attorney for Defendant 1 Wesley Ol Jr., J. TRUE COPY FROM RECORD In Testimony v.ihereof, I here unto set my hand - - seal o4sa?d ew -at sle Pa.- - I ?n n ?- % SEP 1 6 2004 DEBORAH HADLEY, V. GERALD K. BUSH, OLER, J. --- AND NOW, attached Custody follows: Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT i this f -u day of September, 2004, upon consideration of the Conciliation Summary Report, it is hereby ordered and directed as 1. Legal Custody. The parties, Deborah Hadley and Gerald K. Bush, shall have shared legal custody of the minor child, Kyle Bush, born May 21, 1994. 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 his 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. Father shall have primary physical custody. Mother shall have custody for the following weekends during the 2004/2005 school year: September 24, 2004 through September 26, 2004 October 8, 2004 through October 11, 2004 October 29, 2004 through October 31, 2004 November 24, 2004 through November 29, 2004 December 10, 2004 through December 12, 2004 December 23, 2004 through December 29, 2004 January 14, 2005 through January 17, 2005 February 4, 2005 through February 6, 2005 February 17, 2005 through February 21, 2005 March 11, 2005 through March 13, 2005 March 23, 2005 through March 28, 2005 April 8, 2005 through April 10, 2005 April 27, 2005 through May 1, 2005 May 6, 2005 through May 8, 2005 May 27, 2005 through May 30, 2005 June 24, 2005 through June 27, 2005 (Mother's graduation weekend) NO. 03-2132 CIVIL TERM 3. The child shall be entitled to make telephone calls to the non-custodial parent upon his request. That non-custodial parent shall enjoy reasonable telephone contact with the child. At minimum, the custodial parent shall make the child available for telephone calls from the non-custodial parent on Wednesdays and Sundays each week. 4. The parties may continue using their custom of using BWI Airport in order to accomplish better prices for flight expenses. Alternatively, if using a direct flight, Father may pay the difference in the flight expenses in order to cover the fees for the child as an unaccompanied minor. The parties will use Harrisburg International for the Christmas roundtrip flight from Logan. Mother will endeavor to schedule a morning flight for the end of her custodial period over the Christmas holiday break. 5. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the 29ei day of October, 2004 at 10:00 o'clock A.M., and is limited to the sole issue of the schedule of Mother's partial custody during the Summer school recesses. Mother, Deborah Hadley, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: c! ) 1-51 J. Wesley Oler, Jr., J. Dist: Timothy J. O'Connell, Esquire, 4415 N. Front Street, Harrisburg, PA 17110 Gerald K. Bush, 4 Hunter Lane, Camp Hill, PA 17011 In Testimony wherec' i F; ti'z c r`; s r < t: rJ anil%the seal of s4id Ccuri,,;KVrlislb, i C .^l Itl P N_ r CJ -1 M 'T, ;C] Lr _ 7 ti L- DEBORAH HADLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-2132 CIVIL ACTION LAW GERALD K. BUSH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, October 31, 2005 , upon consideration of the attached Complaint, is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, /// /,:vcc , / r Z f /,.;•rt('et ti,;? F'r '6011 Friday, November 04, 2005 at 9:00 AM ?- /7D 3 a Pre-Hearin, Custody Conference. At such conference, an e fort kill be made to resolve the issues in dispute; or this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary rder. All children ape five or older may also be present at the conference. Failure to appear at the conference may rovide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevy, Esq. _____ ..,tA Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply e%ith 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 hearine. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ,SO•l It S?.l I! VIM OnSNN9d hn ``^ 1/+W-1 t't +L..??? _ ., -'('; 4h?i ICJ 9 £ .E Wd 1- AON SOOZ na:,;vc 1? 4a 3Hl ao DEBORAH HADLEY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW GERALD K. BUSH, NO. 03-2132 CIVIL TERM Defendant c N d o t? PETITION FOR MODIFICATION OF ? (: Q n m Fil A PARTIAL CUSTODY ORDER The petition of Deborah Hadley respectfully represents that on Nov?n be?; 1, 2004, an Order of Court was entered for partial custody, a true and correct copy of which is attached hereto. 2. This Order should be modified because the parties are unable to agree on a partial custody schedule for the school year and summer of 2005-2006. WHEREFORE, petitioner requests that the Court modify the existing Order for partial custody because it will be in the best interest of the child. C --r Timothy J. O'Connell, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 Attorney for Deborah Hadley SUBSTITUTED VERIFICATION I, Timothy J. O'Connell, Esquire, attorney for Deborah Hadley, hereby verify that I am fully familiar with the facts of the within case; that the facts set forth in the foregoing are true and correct to the best of plaintiff knowledge, information and belief, all as related to the undersigned by plaintiff; that I have been authorized to execute this verification on behalf of plaintiff. The undersigned understands that this verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: 10131105 Timothy J. O'Connell DEBORAH HADLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW GERALD K. BUSH, Defendant : No. 03-2132 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2004, upon consideration of Plaintiff's Complaint for Custody with respect to the parties' child Kyle Bush (d.o.b. May 21, 1994), and following a hearing held on October 29, 2004, at which the primary issue presented to the court for resolution was that of the custody schedule to be followed for the summer of 2005, it is ordered and directed as follows: 1. During the summer of 2005, a. The mother shall have custody of the child for a period of one week commencing on the Monday after the end of school; for the period from June 23 to June 27; and for the period from July 16 to August 22; b. The father shall have custody of the child for the other periods in the summer; 2. The mother shall notify the father at least 30 days in advance of flight schedules with respect to which the father's presence at an airport will be necessary for purposes of custody exchanges. 3. In all other respects, the terms of the order of court dated September 23, 2004, shall remain in full force and effect. 4. Nothing herein is intended to preclude the parties from deviating from the custodial terms of this order by mutual agreement. Timothy J. O'Connell, Esq. 4415 N. Front St. Harrisburg, PA 17110 Attorney for Plaintiff Samuel L. Andes, Esq. 525 N. 12th St. P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant 1 Y BY THE COURT, TRUE CORY FROM RECORD SEP 1 6 2004 V DEBORAH HADLEY, Plaintiff V. GERALD K. BUSH, Defendant OLER, J. --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this I -- day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Deborah Hadley and Gerald K. Bush, shall have shared legal custody of the minor child, Kyle Bush, born May 21, 1994. 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 his 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. Father shall have primary physical custody. Mother shall have custody for the following weekends during the 200412005 school year: September 24, 2004 through September 26, 2004 October 8, 2004 through October 11, 2004 October 29, 2004 through October 31, 2004 November 24, 2004 through November 29, 2004 December 10, 2004 through December 12, 2004 December 23, 2004 through December 29, 2004 January 14, 2005 through January 17, 2005 February 4, 2005 through February 6, 2005 February 17, 2005 through February 21, 2005 March 11, 2005 through March 13, 2005 March 23, 2005 through March 28, 2005 April 8, 2005 through April 10, 2005 April 27, 2005 through May 1, 2005 May 6, 2005 through May 8, 2005 May 27, 2005 through May 30, 2005 June 24, 2005 through June 27, 2005 (Mother's graduation weekend) NO. 03-2132 CIVIL TERM 3. The child shall be entitled to make telephone calls to the non-custodial parent upon his request. That non-custodial parent shall enjoy reasonable telephone contact with the child. At minimum, the custodial parent shall make the child available for telephone calls from the non-custodial parent on Wednesdays and Sundays each week. 4. The parties may continue using their custom of using BWI Airport in order to accomplish better prices for flight expenses. Alternatively, if using a direct flight, Father may pay the difference in the flight expenses in order to cover the fees for the child as an unaccompanied minor. The parties will use Harrisburg International for the Christmas roundtrip flight from Logan. Mother will endeavor to schedule a morning flight for the end of her custodial period over the Christmas holiday break. 5. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the 26eh day of October, 2004 at 10:00 o'clock A.M., and is limited to the sole issue of the schedule of Mother's partial custody during the Summer school recesses. Mother, Deborah Hadley, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT 14 -5 J J. Wesley Oler, Jr., J. Dist: Timothy J. O'Connell, Esquire, 4415 N. Front Street, Harrisburg, PA 17110 Gerald K. Bush, 4 Hunter Lane, Camp Hill, PA 17011 eslimony,wherec,; i hai,c t s,; the sea.l of s id CccrP isl Fa. I , 2) ??-ppp..... ,N. dat !; 1 I F;6ihonoiary \10V 4uu? bY:- EMMA DEBORAH HADLEY, f/k/a IN THE COURT OF 6O1VI1?/fON DEWS- DEBORAH HADLEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-2132 CIVIL TERM V. CIVIL ACTION - LAW GERALD K. BUSH, IN CUSTODY Defendant OILER, J. --- ORDER OF COURT AND NOW, this L day of November, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Deborah Hadley and Gerald K. Bush, shall have shared legal custody of the minor child, Kyle Bush, born May 21, 1994. 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 his 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. Father shall have primary physical custody. Mother shall have custody for the following weekends during the 2005/2006 school year: November 4, 2005 through November 6, 2005 November 26, 2005 through November 29, 2005 December 26, 2005 through January 22, 2006 January 13, 2005 through January 16, 2006 February 16, 2006 through February 20, 2006 March 3, 2006 through March 6, 2006 March 24, 2006 through March 26, 2006 April 12, 2006 through April 17, 2006 May 12, 2006 through May 14, 2006 May 26, 2006 through May 29, 2006 ?: ?: ??? .;, .: - ; .. ? <`? ._ . NO. 03-2132 CIVIL TERM 3. For the summer 2006, the parties will observe the following schedule: Father will have custody from June 10, 2006 through June 17, 2006 (travel day June 17); July 13, 2006 through July 20, 2006 (travel days July 13 and July 20); and from August 11, 2006 through the beginning of the school year (travel day August 11, 2006). Mother will have custody from June 17, 2006 through July 13, 2006 and July 20, 2006 through August 11, 2006. 4. Mother will have a weekend period of custody in the spring 2006 on a weekend when Kyle is playing baseball, which weekend will be exercised by Mother coming to Harrisburg rather than by Kyle flying to Boston. This weekend will be selected after the baseball schedule is posted in the spring. 5. Mother will select one of two "floater weekends". The identified weekends are December 16, 2005 through December 19, 2005 or April 27, 2006 through April 30, 2006. Mother may select one weekend. However, her exercise of these weekends is contingent upon Kyle's grades being at least second honors level and upon his most recent progress report containing no negative academic comments. This contingency is in place by mutual agreement of the parents because either of the two floating weekend times which Mother would select would necessitate Kyle being absent on a school day. 6. This Order replaces prior Orders of Custody issued in this matter. BY THE COURT: J. Wesley Oler, Jr., J. Dist: '-r ?irpothy J. O'Connell, Esquire, 4415 N. Front Street, Harrisburg, PA 17110 t/""rald K. Bush, 4 Hunter Lane, Camp Hill, PA 17011 EMMA DEBORAH HADLEY, f/k/a DEBORAH HADLEY, Plaintiff V. GERALD K. BUSH, Defendant IN THE COURT OF COMMON PLEBS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2132 CIVIL TERM 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 THE CUSTODY OF Kyle Bush May 21, 1994 Father 2. The parties were seen for another Custody Conciliation Conference on November 4, 2005 upon Petition of the Mother. Attending the Conference were: the Mother, Deborah Hadley, and her counsel, Timothy O'Connell, Esquire; the Father, Gerald K. Bush participated pro se. 3. Once again, the parties reached an agreement in the form of an Order as attached. ? Irk -11 Date Melissa Peel Greevy, Esq ire Custody Conciliator ead:262559 . Circuit Court for r tirnjocrr l2rrj Oowfi_ Case No. 03 - 213;Z CJ 0i 11frM h? Gerald K. Bush ? or CWj* mrm kad kL{ Mams Neate 4 Hunter Lane v$. ShWAddrsa C.wnpHMPA 11101 V/1) 1?3- kc62 La n Add on MD 20506 M3 X12' c" Sate 4 Code k" TwWw" - C" Stab Zip c aft Am T*Mwn lade pap i Lk nden}. Zak- 1 Plati4f9 -WK- tfeate Stt»et Addtme Apt. t r ? city Stile Zip Cab Atee TdWhom Code Deffef?detft Oft 2 PETITION/MOTION TO MODIFY ?ICUSTODY ElViSITATION (0M REL n L Emma Devorah Hadley representing myself, state that: my nom 1. I am the ?OnotherGather or of Reletiotahip (? ?, fp??+ 9u+rdMn, etc) Kyle Andrew Bush 05/21/19% maw of dit dtle d t>kth mate of d& dale d mate- name of cW dft of of We- &ft of bft name of chlW date of bNh mats of diMd dab of bW nano of dN "d" m d cw "of" 2. On N oy 1$ Xn 5 the Circuit Court for C(A M W Q Cn tylued an order in case numbeiQ2l ` ,grantincustody of the tu'ld(ren) to 9" of L ?6-, and visitation to E mach t j 4A 3. Since the order, circumstances have changed and the Order is no longer in the best interest of the child(ren) because: Kyle Andrew Bush, at age 14, has decided he would like to live with his mother (Emma D. Hadley)and attend high school in Md. He has applied to and been accepted at DeMatha High School in Hyedtsville,MD. wherWR has been etennined that transferring immediately would be in his best interests. He is scheduled to begin 10/15/2008. 5x, - or- myr- ai 15 . Page 1 of 2 DR 7 - Revised 9 March 2001 ???RS qWeh -Foy u)aOh f )q tO I rIX- W H-h hls /"Ylcrf-her may iPaai d,a-, issuns Lskp mo+-huf) 2 CnIminal Gharqes 3 SL A, ude -thr6ts Cu-?}?ny (?-FRp sls?i- ? .esser?+?al (,4i 1 i4ies c.ul- ofF d uL* ncNq penf- (?3 ?-I -FIrn6) g CDI, ? Contact sa?e? c-? m5fher dui- to Plvrr-.W-Irr? 5h?.,+ off -?,- rz?-, ?yrnerrF Educahonal cpals be1?f rrAff a-+ psChWl i n M.Q Circuit Court for Chy or Coroty I CIVIL-DOMESTIC CASE INFORMATION REPORT Directions: P/aindff. This Information Report must be completed and attached to the complaintfiled with the Clerk of Court unless your case it exempted from the requirement by the Chief Judge ofthe Court ofAppeals pursuant to Rule 2-111. A copy must be iackded for each defendant to be served. Defendant. You must file an Information Report as required by Rule 2-323(h). THIS INFORMATION REPORT CANNOT BE ACCEPTED AS AN ANSWER OR RESPONSE. FORM FILED BY: O PLAINTIFF DEFENDANT CASE NUMBER: CASE NAME: Gerald K. Bush v Emma Devorah Haadle?y (Cie* to ieort) Pkiefff L' PART Y'S NAME:_ & m? b. P HONE: (0) s"m $ ?1 L ADDRESS: 8809 Welingtan Street ?' (omd- tho-) PARTY'S ATTORNEY'S NAME: _ -PHONE: ATTORNEY'S ADDRESS: 01 am not represented by an attorney RELATED CASE PENDING? 13Yes 0 No If es, Court and Case #(s), if known: Special Requirements? 13 Interpreter/communication impairment Which language (Attach Form 1-332 if Accommodation or Interpreter Needed) Which dialect 0 ADA accommodation: ALTERNATIVE DISPUTE RESOLUTION INFORMATION Is this case appropriate forral to an ADR process under Md. Rule 17-101? (Check all that apply) A. Mediation Yes O No C. Settlement Conference 13 Yes 0 No B. Arbitration Yes El No D. Neutral Evaluation O Yes [3No IS THIS CASE CONTESTED? Yes No If yes, which issues appear to be contested? Ground for divorce Child Custody O Visitation 13 Child Support C3 Alimony 0 Permanent O Rehabilitative 17 Use and possession of family home and property Q Marital property issues involving: 13 Valuation of business Mensions 0 Bank accounts/IRA's ? Real Property O Other 0 Paternity 0 Adoptio n/termination of parental rights D Other: Request is made for: 0 Initial order Modification 13 Contempt 13 Absolute Divorce D Limited Divorce For non-custody/visitation issues, d you intend to request: 13 Court-appointed expert (name field) Mediation by a Court-sponsored settlement program O Initial conference with the Court Other: For custody/visitation issues, do you intend to request: ® Mediation bye private mediator Appointment of counsel to repre sent child (not just to Evaluation by mental health professional waive psychiatric privilege) 0 Other Evaluation O A conference with the Court Is there le ation of physical or scmual abuse of party or child? Yes 13 No Page I o f 2 Effective January 1, 2003 CASE NAME: Gerald K• Bush V Emma Devorah Hadley CASE NUMBER: Defeede (Cie* to marl) TIME ESTIMATE FOR A MERITS HEARING: _ hours __ days TIME ESTIMATE FOR HEARING OTHER THAN A MERITS HEARING: _ hours days 171 y Sip- oofrou Q sued l i harms, [ D ww (o CitypitawzIP oc, 12-003 Date Page 2 of 2 Effective January 1, 2003 4. I know of the following additional cases concerning the child(ren) (such as domestic violence (protective order), paternity, divorce of the child(ren)'s parents, custody, visitation, or juvenile court cases): Court Case No. Kind of Case Year >FUed Results or StaW (if you know) UR THESE REASONS, I request the Court change custody and/or visitation as follows: mow. °N a,w< and order any other appropriate relief. 9I am also requesting a change in the current child support order. I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true to the best of my knowledge, information, and belief. Page 2 012 DR 7 - Revised 9 March 2001 r? EMMA DEBORAH HADLEY, f/k/a DEBORAH HADLEY, Plaintiff V. NOV 1 4 2005 0/9l IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW GERALD K. BUSH, IN CUSTODY Defendant OLER, J. --- Q i ORDER OF COURT AND NOW, this U r day of November, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Deborah Hadley and Gerald K. Bush, shall have shared legal custody of the minor child, Kyle Bush, born May 21, 1994. 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 his 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. Father shall have primary physical custody. Mother shall have custody for the following weekends during the 2005/2006 school year: November 4, 2005 through November 6, 2005 November 26, 2005 through November 29, 2005 December 26, 2005 through January 22, 2006 January 13, 2005 through January 16, 2006 February 16, 2006 through February 20, 2006 March 3, 2006 through March 6, 2006 March 24, 2006 through March 26, 2006 --April 12, 2006 through April 17, 2006 May 12, 2006 through May 14, 2006 May 26, 2006 through May 29, 2006 NO. 03-2132 CIVIL TERM 3. For the summer 2006, the parties will observe the following schedule: Father will have custody from June 10, 2006 through June 17, 2006 (travel day June 17); July 13, 2006 through July 20, 2006 (travel days July 13 and July 20); and from August 11, 2006 through the beginning of the school year (travel day August 11, 2006). Mother will have custody from June 17, 2006 through July 13, 2006 and July 20, 2006 through August. 11, 2006. 4. Mother will have a weekend period of custody in the spring 2006 on a weekend when Kyle is playing baseball, which weekend will be exercised by Mother coming to Harrisburg rather than by Kyle flying to Boston. This weekend will be selected after the baseball schedule is posted in the spring. 5. Mother will select one of two "floater weekends". The identified weekends are December 16, 2005 through December 19, 2005 or April 27, 2006 through April 30, 2006. Mother may select one weekend. However, her exercise of these weekends is contingent upon Kyle's grades being at least second honors level and upon his most recent progress report containing no negative academic comments. This contingency is in place by mutual agreement of the parents because either of the two floating weekend times which Mother would select would necessitate Kyle being absent on a school day. 6. This Order replaces prior Orders of Custody issued in this matter. BY THE COU J. Wesley Oler, Jr., Dist: Timothy J. O'Connell, Esquire, 4415 N. Front Street, Harrisburg, PA 17110 Gerald K. Bush, 4 Hunter Lane, Camp Hill, PA 17011 EMMA DEBORAH HADLEY, f/k/a DEBORAH HADLEY, Plaintiff V. GERALD K. BUSH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendant 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 THE CUSTODY OF Kyle Bush May 21, 1994 Father 2. The parties were seen for another Custody Conciliation Conference on November 4, 2005 upon Petition of the Mother. Attending the Conference were: the Mother, Deborah Hadley, and her counsel, Timothy O'Connell, Esquire; the Father, Gerald K. Bush participated pro se. 3. Once again, the parties reached an agreement in the form of an Order as attached. Date Melissa Peel Greevy, Esq ire Custody Conciliator ead:262559 <_A?T 1 1 v a CO "ty Friedman & King, P.C. John F. King, Esq. ID#61919 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 (717) 236-8080 FAX friedmanandkin2@hotmail.com EMMA DEBORAH HADLEY, f/k/a DEBORAH HADLEY, Plaintiff Respondent V. GERALD K. BUSH, Defendant Petitioner Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF TO MAINTAIN COURT ORDERED STATUS QUO PENDING RESOLUTION OF MODIFICATION PETITION AND NOW comes the Petitioner, Gerald K. Bush, pursuant to Pa.R.C.P. 1915.13 and petitions the Honorable Court as follows: 1. The Petitioner is Gerald K. Bush, who currently resides at 4 Hunter Lane, Camp Hill, Pennsylvania 17011. 2. The Respondent is Emma Hadley, who currently resides at 9609 Wellington Street, Lanham, Maryland, 20706. 3. The Petitioner is the natural father of the minor child, Kyle Bush, born May 21, 1994. 4. The Respondent is the natural mother of the aforementioned minor child. 5. On or about Labor Day, 1999, the Respondent/Mother deserted the then marital residence, having entered into an adulterous relationship with her then Episcopalian Priest, Constance Reinhardt. 6. The Petitioner and Respondent were divorced from the bonds of matrimony by the Court of Common Pleas of Cumberland County in October 2002. 7. It is believed and, therefore averred, that the Respondent has entered into a same sex union with Constance Reinhardt by way of a ceremony in the State of Massachusetts, and now resides with Constance Reinhardt at the aforementioned residence in Lanham, Maryland. 8. Since the separation in 1999, the Petitioner/Father has had primary physical custody of the minor child, Kyle. 9. On June 15, 2003, an Order was entered by this Honorable Court, granting the parties shared legal custody and primary physical custody to Petitioner/Father, with Respondent/Mother to have visitation in the summers and limited vacation visitation. A copy of the Order is attached hereto and marked as Exhibit "A". 10. On November 18, 2005, an Order was entered by this Honorable Court which did replace the prior Orders of Custody, and which did provide for shared legal custody and primary physical custody to Father, with Mother to have partial summer visitation as well as ten weekend visits from November 2005 through May of 2006. A copy of the Order is attached hereto and marked as Exhibit "B". 11. The minor child, Kyle Bush, is an exceptional student in the East Pennsboro School District, where he routinely receives "A" letter grades in academics. 12. The minor child, Kyle Bush, is very active in sports, particularly in baseball and soccer, in both the school district as well as travel teams. 13. The minor child's Petitioner/Father, as well as his step-mother, the spouse of Petitioner/Father, are extremely supportive of the minor child's sports and academic endeavors, which endeavors are also bolstered by the minor child's 18 year old step-sister, who resides with him in his home in Camp Hill. 14. On or about Friday, October 10, 2008, the Petitioner/Father did meet the Respondent/Mother at their normal meeting place in Hereford, Maryland, to transfer the child for a weekend visit with Mother in Lanham, Maryland, which weekend was scheduled to end on the evening of Monday, October 13th (given the Columbus Day holiday). 15. In the late afternoon of Monday, October 13, 2008, the Petitioner/Father received a phone call informing him that the child was not being returned, but rather was being kept at the residence in Lanham, Maryland, and enrolled in a private Catholic school, namely, DeMatha High School, located in Hyattsville, Maryland. 16. Mother's action in keeping the minor child is violative of the existing Court Order dated November 18, 2005. 17. Subsequent to Mother's wrongful withholding, it is believed, and therefore averred, that she did file a Petition to Modify the existing Order, which filing is believed, and therefore averred, to have been made pro se. 18. It is believed, and therefore averred, that the Respondent/Mother has gathered the school records from the East Pennsboro School District of the minor child, and does intend to enroll the child in the aforementioned private school, DeMatha High School, starting Monday, October 20, 2008. 19. It is believed, and therefore averred, that the Respondent/Mother is employed as a school teacher approximately one hour from her home and is unable to provide transportation to and from the DeMatha High School for the child, but rather intends to rely upon public transportation or the like. 20. The wrongful withholding of the child and the unilateral decision by Respondent/Mother to transfer the child from the East Pennsboro High School, where he is thriving, to an unknown environment in the Washington, DC, area is believed, and therefore averred, to be not in the child's best interest, but rather contrary to the health, safety and welfare of the child. 21. Mother's unilateral withholding of the child and removal of the child out of state is violative of the existing Order relating to physical custody, and her decision making is also violative of the shared legal custody provisions of the existing Order. 22. If the minor child is not immediately returned to Father's physical custody, as per the existing Custody Order, the child faces the possibility of irreparable harm due to the interruption of his education and school year activities. WHEREFORE, the Petitioner/Father respectfully requests this Honorable Court to grant the Petition for Special Relief, and to enter an Order compelling the Respondent/Mother to immediately return the minor child to the jurisdiction of this Court and direct that, after the return, the child not be removed from the jurisdiction, pending a full evidentiary hearing on the pending Modification Petition. Dated: October 16, 2008 Respectfully submitted, FRIEDMAN & KING, P.C. By: John F. King, Esq. 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 (717) 236-8080 FAX friedmanandking_(whotmail com Attorney for Defendant/Petitioner VERIFICATION I, John F. King, Esquire, hereby acknowledge that I am the attorney for the Petitioner/Defendant in the foregoing action; that I have read the foregoing Emergency Petition and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 1611(, 2ZAQ - 01h F. King, Esquire omey for Defendant/Petitioner 1 JINN 1 3 2003 DEBORAH HADLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-2132 CIVIL TERM V. GERALD K. BUSH, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this _ day of June, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Deborah Hadley and Gerald K. Bush, shall have shared legal custody of the minor child, Kyle Bush, born May 21, 1994. 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 his 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. Father shall have primary physical custody. Mother shall have custody in the Summer 2003 for the period from June 15, 2003 through June 28, 2003 and July 20, 2003 through August 23, 2003. Mother shall also have custody for the period from October 2, 2003 through October 5, 2003. 3. Summer Schedule from 2004 Forward. If the child does not participate in baseball, Mother shalt have custody from the first Sunday following the last day of school through the Saturday prior to the beginning of the next academic school year. 4. Vacation. By April 1 St of each year Father will provide Mother with notice of his intended vacation for the upcoming summer. Father shall be entitled to ten (10) uninterrupted days of vacation each year during the summer school recess. In the event that Father has not provided notice by April 1St, Mother shall be free to schedule her own vacation with the child or other activities, such as sports camps. 5. The Court acknowledges that the parties have not worked out the remaining periods of custody for the academic school years and subsequent summers when the child plays baseball. Counsel and their parties are to work on a stipulation addressing these NO. 03-2132 CIVIL TERM issues which shall be filed with the Court by July 9, 2003. In the event that the parties are not able to resolve the remaining issues by stipulation, counsel for either party may make a letter request to reconvene the custody conciliation conference to resolve those remaining scheduling issues. BY THE COURT: J. Dist: Timothy J. O'Connell, Esquire, 4415 N. Front Street, Harrisburg, PA 17110 G?3 Martin L. Markley, Esquire, 2108 Market Street, Camp Hill, PA 17011 l / ?? Q11 DEBORAH HADLEY, Plaintiff V. GERALD K. BUSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2132 CIVIL TERM 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 Kyle Bush May 21, 1994 CURRENTLY IN THE CUSTODY OF Father 2. A Custody Conciliation Conference was held on June 9, 2003 subsequent to Mother's filing a Complaint for Custody on May 5, 2003. Present for the conference were the Mother, Deborah Hadley and her counsel, Timothy O'Connell, Esquire; the Father, Gerald K. Bush and his counsel, Marlin L. Markley, Esquire. 3. The parties reached an agreement with regard to the Summer 2003 schedule, future summer schedules when the child does not play all star baseball, and future summer vacation plans. The parties also reached an agreement regarding a long weekend in the month of October 2003. 4. Issues upon which the parties did not reach an agreement: the remaining custodial weekends for the school year and subsequent summer schedules in the event that the child plays all star baseball. 5. The custody conciliation conference was productive. The parties worked diligently to find common ground and clarify the points at which their views diverged. However, we were not able to complete work on all the unresolved issues for lack of time. Therefore, counsel agreed to work on the remaining issues over the next thirty (30) days. In the event that the parties have not resolved the remaining issues with counsel within that period of time, by written letter request of either party, the conciliation conference may be reconvened. NO. 03-2132 CIVIL TERM 6. An Order reflecting their agreements is attached. The provision regardin legal custody is recommended by the Conciliator. g Date f?- Melissa Peel Greevy, E quire Custody Conciliator :214553 i^ r, EMMA DEBORAH HADLEY, f/k/a DEBORAH HADLEY, Plaintiff V. NOV 1 4 '1005 60 IN THE COURT OF ft-k-Li Anki kE CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW GERALD K. BUSH, IN CUSTODY Defendant OLER, J. - q ORDER OF COURT AND NOW, this U day of November, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Deborah Hadley and Gerald K. Bush, shall have shared legal custody of the minor child, Kyle Bush, born May 21, 1994. 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 his 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. Father shall have primary physical custody. Mother shall have custody for the following weekends during the 200512006 school year: November 4, 2005 through November 6, 2005 November 26, 2005 through November 29, 2005 December 26, 2005 through January 22, 2006 January 13, 2005 through January 16, 2006 February 16, 2006 through February 20, 2006 March 3, 2006 through March 6, 2006 March 24, 2006 through March 26, 2006 --April 12, 2006 through April 17, 2006 May 12, 2006 through May 14, 2006 May 26, 2006 through May 29, 2006 NO. 03-2132 CIVIL TERM 3. For the summer 2006, the parties will observe the following schedule: Father will have custody from June 10, 2006 through June 17, 2006 (travel day June 17); July 13, 2006 through July 20, 2006 (travel days July 13 and July 20); and from August 11, 2006 through the beginning of the school year (travel day August 11, 2006). Mother will have custody from June 17, 2006 through July 13, 2006 and July 20, 2006 through August. 11, 2006. 4. Mother will have a weekend period of custody in the spring 2006 on a weekend when Kyle is playing baseball, which weekend will be exercised by Mother coming to Harrisburg rather than by Kyle flying to Boston. This weekend will be selected after the baseball schedule is posted in the spring. 5. Mother will select one of two "floater weekends". The identified weekends are December 16, 2005 through December 19, 2005 or April 27, 2006 through April 30, 2006. Mother may select one weekend. However, her exercise of these weekends is contingent upon Kyle's grades being at least second honors level and upon his most recent progress report containing no negative academic comments. This contingency is in place by mutual agreement of the parents because either of the two floating weekend times which Mother would select would necessitate Kyle being absent on a school day. 6. This Order replaces prior Orders of Custody issued in this matter. BY THE J. , Jr., .`. Dist: Timothy J. O'Connell, Esquire, 4415 N. Front Street, Harrisburg, PA 17110 Gerald K. Bush, 4 Hunter Lane, Camp Hill, PA 17011 -- SLR ? ? ` FTI (bi ro '- c? Derek Cordier, Esquire, SC #83284 319 South Front Street, Harrisburg, PA 17104 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA EMMA DEVORAH HADLEY, F/K/A DEBORAH HADLEY, Petitioner VS. GERALD K. BUSH, Respondent : No. 03-2132 : CIVIL ACTION -LAW : CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Petitioner. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Cumberland County Prothonotary at One Courthouse Square, Carlisle, PA 17013-3387. Phone: (717) 240-6195. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE., CARLISLE, PA 17013 (717) 249-3166 OR 1-800-990-9108 Derek Cordier, Esquire, SC #83284 319 South Front Street, Harrisburg, PA 17104 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA EMMA DEVORAH HADLEY, F/K/A DEBORAH HADLEY, Petitioner VS. : No. 03-2132 : CIVIL ACTION -LAW GERALD K. BUSH, Respondent : CUSTODY PETITION FOR SPECIAL RELIEF EMERGENCY TEMPORARY CUSTODY AND NOW, comes the Petitioner, Emma D. Hadley, formerly known as Deborah Hadley, hereinafter "Petitioner" by and through her counsel, Derek J. Cordier, Esquire and files this Petition for Special Relief Emergency Petition for Temporary Physical Custody, and in support thereof avers the following: 1. The Petitioner is Emma D. Hadley, who is the Mother of Kyle Andrew Bush, age 14, born May 24, 1994, hereinafter "Child." 2. Petitioner and Child are currently residing at 9609 Wellington Street, Lanham, Maryland, 20706; in their home resides Petitioner's life-partner, the Child's older brother and his wife and their three year old child who have very close relationships with the Child. 3. The Respondent is Gerald K. Bush, who is the Father of the Child and resides at 4 Hunter Lane, Camp Hill, Pennsylvania, 17011. 2 4. The Court of Common Pleas, Cumberland County, has jurisdiction over the custody of the Child. 5. Petitioner owns a home, resides with her long-term significant other who is an Episcopal minister, has a PhD in education technology and communication and is employed by Charles County School District. 6. Respondent has been remarried since 2002, however, his wife has very serious drug addiction issues that have resulted in recent arrests in three Pennsylvania counties, over the past year the Respondent's home has had its water and telephone shut off due to nonpayment, and Respondent's wife has a daughter residing with them who has significant mental health problems. 7. Petitioner, in the best interest of the Child, seeks emergency temporary physical custody of the Child and modification of the current Custody Order dated November 18`h 2005. (Attached) 8. Respondent has been verbally and emotionally abusive toward the Child and currently the Child fears for his own physical safety due to Respondent's uncontrolled temper. 9. A summary of the Petitioner's and the Child's repeated attempts to act in the Child's best interest are as follows: Winter and Spring of 2007: The Child applied to and was accepted at DeMatha High School, which is a prestigious private boys prep school in Maryland, which is nationally recognized for their academic, sports, and music programs. Classes at DeMatha are very small which allows for significant individualized attention. The Child would also have a much better opportunity to achieve his goal of playing baseball for a division I college or university. Unfortunately, at that time the Child did not accept the admission because he was afraid of Respondent's reaction. Sunday, October 5, 2008: The Child telephoned the Petitioner and requested to change custody and allow him to move with Petitioner and her life partner and attend DeMatha High School. The Child expressed to Petitioner that his situation at Respondent's home had become unbearable and he needed to move for his own emotional safety. The Child also indicated that his current school was boring and unchallenging, and that in his current situation he did not believe that he was in an environment that would support him and his goals to attend a top university and play division I baseball. Monday, October 6, 2008: Petitioner contacted DeMatha High School and inquired as to whether transferring the Child was a possibility. At that time, the Child's application was given the opportunity to be reviewed and another interview occurred on Monday, October 13, 2008, as it was a holiday for the Child. Tuesday,, Oct 7, 2008: The Child initiated a conversation with Respondent regarding moving in with Petitioner and attending DeMatha High School. Without any reasoning whatsoever, the Respondent simply showed signs of anger, and stated that he would not allow the Child to transfer. The Child then stated that he did not understand why the Respondent would find an environment that forced him to reside with familial relations who have a history of addiction, pending criminal charges, and significant mental health issues would be conducive to the Child's well-being. Wednesday, October 8, 2008: Petitioner attempted to telephone Respondent and Respondent again became verbally abusive and hung up the phone indicating that he would not allow the Child to move. Thursday, October 9, 2008: The Child again attempted to talk to Respondent. Respondent became more verbally abusive toward the Child and, again without reason and in a controlling manner indicated that he would not allow the Child to move. Friday, October 10, 2008: No contact between any of the parties. Saturday, October 11, 2008: Petitioner drove to Pennsylvania to watch the Child play soccer. On the drive back to Maryland the Child again indicated that he did not feel safe in the custody of Respondent as the Respondent's temper was getting more volatile. The Child also reiterated that East Penn was not preparing him for college and the sports program was not competitive enough. The Child in his own well reasoned opinion believes that DeMatha High School would be a much better fit. Finally, the Child literally begged Petitioner not to send him back to the custody of Respondent. The Child was clearly under a very high degree of emotional stress. Sunday October 12, 2008: Another attempt was made through the use of a conference call between the Child, Petitioner, the Child's older brother, Jeremy, and Respondent. An attempt was made at explaining the Child's needs and his wishes with an attempt to persuade the Respondent to support the Child's intelligent decision. Once again, Respondent immediately became verbally abusive to all of the other parties on the conference call. The Petitioner eventually requested to speak with Respondent one-on- one. Petitioner requested that Respondent attempt to support the Child's well reasoned opinion along with Petitioner and the Child's older sibling's opinions as to what is in the 5 best interest of the Child. Also, and of significant importance, the Petitioner indicated that DeMatha High School had stated that they would not give the Child another opportunity at entrance - the Child had to either transfer now, or not at all. Respondent simply countered with "then I guess it will be not at all." On this date the Child also indicated to Petitioner that the Child did not feel physically or emotionally safe in Respondent's house and that the Child was adamant that he does not want to return to the Respondents household. Monday, October 13, 2008: The Child met with the admissions director at DeMatha High School and is now even more adamant about what he wants for his future. The Child then suggested that they attempt to speak with the Respondent one more time so as to circumvent court. Shortly thereafter, the Child received confirmation that he had been accepted as a transfer student to DeMatha High School. At that point the Child telephoned the Respondent and Respondent's wife. Neither adult was willing to even listen to the Child's opinion. Further, Respondent and his wife threatened him with "punishments" such as turning of the Child's telephone. Among other tactics, Respondent and his wife also berated the Child and attempted to use guilt as a mechanism to make the Child change his mind. After close to two hours on the phone the Respondent and his wife simply hung up on the Child. Tuesday, October 14, 2008: The Child's cell phone is now disconnected, which will limit the Petitioner's and the Child's communication and shortly thereafter, the Petitioner drove to Cumberland County Pennsylvania to file for Custody Modification and Emergency Custody, and as time was of the essence attempted to do so pro se. The 6 Child again reiterated his wishes and also recognizes that the Respondent has considerably damaged their already strained relationship. Wednesday, Oct 15: Respondent threatens Petitioner with immediate arrest and the filing of contempt charges if the Child is not returned. 10. There are no allegations of physical abuse or neglect of the Child or between the parties in this case. However, the Respondent has serious anger control issues, is a heavy "social drinker" and it is believed and averred that the Respondent utilizes emotionally abusive means to control the Child and the Petitioner. 11. The Child is 14 years old and has above average intelligence and maturity, his well reasoned opinions as to altering his own custody include a brighter future academically, a healthy environment that will allow him to thrive emotionally and physically, the ability to pursue his potential in the sport of baseball, and unlimited opportunities to excel. 12. The Child's living arrangement with the Respondent is unstable at best and there are issues of drug abuse, criminal activity and prosecution in connection with the drug abuse by Respondent's wife, and a seriously emotionally disturbed stepsister all residing together. 13. The Child has been attending East Pennsboro High School, where the Child feels stifled, unchallenging, and too much time is spent on disciplining other students rather than academics. Further, the Child wishes to be involved with music, however is uncomfortable doing so at East Pennsboro. 14. The Child is also enrolled at the top ranking DeMartha High School and is scheduled to begin on Monday the 20th of October, 2008, which is the reason that the requested 7 Order is emergent in nature, as DeMartha High School has stated that the current admission will be the Child's last. 15. It is believed and averred that Respondent is not responding to the best interest of the Child and in fact cares more for the child support he will lose if primary physical custody is awarded to Petitioner. 16. Petitioner fears for the emotional and physical wellbeing of the Child and is seeking primary physical custody of the Child and a Court Order allowing the Child to attend DeMartha High School beginning October 20th, 2008, which are both clearly in the best interest of the Child. WHEREFORE, the Petitioner respectfully requests that this Honorable Court grant the Petitioner's request for primary physical custody of the Child, and Order that the Child may attend DeMartha High School beginning Monday the 20th of October, 2008, with a conciliation conference and/or custody trial to occur thereafter. Respectfully submitted by: SC #83284 319 South "o t Street Harrisburg, PA 17104 (717) 919-4002 Fax: (717) 213-4984 Derek Cordier, Esquire, SC #83284 319 South Front Street, Harrisburg, PA 17104 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA EMMA DEVORAH HADLEY, F/K/A DEBORAH HADLEY, Petitioner VS. GERALD K. BUSH, Respondent AND NOW, this No. 03-2132 CIVIL ACTION -LAW CUSTODY ORDER OF COURT day of 2008, upon consideration of the attached Petition for Special Relief Emergency Temporary Custody, it is HEREBY ORDERED AND DECREED that the Petitioner shall have primary physical custody of the Child, Kyle Andrew Bush, age 14, born May 24, 1994, and shall attend DeMartha High School beginning Monday October 20, 2008, and pending a conciliation conference and/or hearing on the matter. By the Court: , Judge 9 Derek Cordier, Esquire, SC #83284 319 South Front Street, Harrisburg, PA 17104 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA EMMA DEVORAH HADLEY, F/K/A DEBORAH HADLEY, Petitioner vs. No. 03-2132 : CIVIL ACTION -LAW GERALD K. BUSH, Respondent CUSTODY CERTIFICATE OF SERVICE AND NOW, this 16th day of October 2008, the Petitioner, by and through her counsel, Derek J. Cordier, Esquire, hereby certifies that the foregoing Petition for Special Relief Emergency Temporary Custody, has been served on the Respondent by United States Postal Service Certified Express overnight delivery return receipt requested on October 16th 2008, to the person and address listed below: Gerald K. Bush 4 Hunter Lane Camp Hill, Pennsylvania 17011 Respectfully submitted by: 319 Sout Fr t Street Harrisburg'-, PA 17104 (717) 919-4002 Fax: (717) 213-4984 10 #83284 I verify that the statements made in the foregoing instrument are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. G(j 10 1 ? 2G? Emma D. Hadley Date Attorney for Harrisburg, PA 17104-1621 (717) 919-4002 EMMA DEBORAH HADLEY, f/k/a DEBORAH HADLEY, Plaintiff v. i NOV' 1 4 2005 IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW GERALD K. BUSH, IN CUSTODY Defendant OLER, J. --- ORDER OF COURT AND NOW, this / day of November, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Deborah Hadley and Gerald K. Bush, shall have shared legal custody of the minor child, Kyle Bush, born May 21, 1994. 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 his 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. Father shall have primary physical custody. Mother shall have custody for the following weekends during the 200512006 school year: November 4, 2005 through November 6, 2005 November 26, 2005 through November 29, 2005 December 26, 2005 through January 22, 2006 January 13, 2005 through January 16, 2006 February 16, 2006 through February 20, 2006 - March 3, 2006 through March 6, 2006 March 24, 2006 through March 26, 2006 April 12, 2006 through April 17, 2006 May 12, 2006 through May 14, 2006 May 26, 2006 through May 29, 2006 NO. 03-2132 CIVIL TERM 3. For the summer 2006, the parties will observe the following schedule: Father will have custody from June 10, 2006 through June 17, 2006 (travel day June 17); July 13, 2006 through July 20, 2006 (travel days July 13 and July 20); and from August 11, 2006 through the beginning of the school year (travel day August 11, 2006). Mother will have custody from June 17, 2006 through July 13, 2006 and July 20, 2006 through August 11, 2006. 4. Mother will have a weekend period of custody in the spring 2006 on a weekend when Kyle is playing baseball, which weekend will be exercised by Mother coming to Harrisburg rather than by Kyle flying to Boston. This weekend will be selected after the baseball schedule is posted in the spring. 5. Mother will select one of two "floater weekends". The identified weekends are December 16, 2005 through December 19, 2005 or April 27, 2006 through April 30, 2006. Mother may select one weekend. However, her exercise of these weekends is contingent upon Kyle's grades being at least second honors level and upon his most recent progress report containing no negative academic comments. This contingency is in place by mutual agreement of the parents because either of the two floating weekend times which Mother would select would necessitate Kyle being absent on a school day. 6. This Order replaces prior Orders of Custody issued in this matter. BY THE 00UI:- J. Wesley Oler, Jr., Dist: Timothy J. O'Connell, Esquire, 4415 N. Front Street, Harrisburg, PA 17110 Gerald K. Bush, 4 Hunter Lane, Camp Hill, PA 17011 AMA DEBORAH HADLEY, f/k/a IN THE COURT OF COMMON PLEAS OF =BORAH HADLEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-2132 CIVIL TERM V. CIVIL ACTION - LAW =RALD K. BUSH, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 15.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this cation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kyle Bush May 21, 1994 Father 2. The parties were seen for another Custody Conciliation Conference on vember 4, 2005 upon Petition of the Mother. Attending the Conference were: the Mother, borah Hadley, and her counsel, Timothy O'Connell, Esquire; the Father, Gerald K. Bush rticipated pro se. 3. Once again, the parties reached an agreement in the form of an Order as ached. Date Melissa Peel Greevy, Esq ire Custody Conciliator ' :262559 DEBORAH HADLEY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. ?93 -,2I3a GERALD K. BUSH, CIVIL ACTION -LAW Defendant CUSTODY ORDER OF COURT AND NOW, this day of 2003, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the Custody Conference Officer at on , 2003, 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. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent order. Date: By the Court: Custody Conference Officer 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. Court Administrator One Courthouse Square Carlisle, PA 17013 717/240-6200 Derek Cordier, Esquire, SC #83284 319 South Front Street, Harrisburg, PA 17104 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Emma Devorah Hadley, f/k/a Deborah Hadley, No. 03-2132 Plaintiff VS. CIVIL ACTION -LAW Gerald K. Bush, CUSTODY Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Cumberland County Prothonotary at One Courthouse Square, Carlisle, PA 17013-3387. Phone: (717) 240-6195. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE., CARLISLE, PA 17013 (717) 249-3166 OR 1-800-990-9108 FILED--G -! >c? OF THE RRQTI , DN TARY 2088OCT 14 AM 10: 33 Circuit Court for City or County Gerald K. Bush NNW 4 Hunter Lane ?1 r'? w43'3 vs. SCamp Hill PP`A l ( 101 I (r 1 I) 6C,62 City state Zip Coda Ana To"Mm Coda Z(X-- 400 -k4e?n+ ii`YL4?jN1A Can No. Z 1.3 U UI eft La ??-, MD 2076n N' App ? 48) Cky Stft Zip Code Ana TeWWW Code Nana Street Addraa Apt B r ? CRY Stab zip code Ana TOWWO Coda 0811W 1ant ft 2 PETITION/MOTION TO MODIFY Q? CUSTODY [VISITATION (DOM REL 7) Emma Devorah Hadley , representing myself, state that: My nMm 1. I am the ?Onother)Dather or of ReMkoft (for tuamPN, WK 9, suNdan. dc) Kyle Andrew Bush 0&211IN4 nMm of child dab of eirm nwas of churl dab of bktn rams child nam of child dale of rte' norm of child dab of bkth mum of ON dab of btl1 nM11e of ON dab of tdrth DM" of cm dab of tlklh 2. On Nou 16 a )Q -?) the Circuit Court for Cu MWX)d CGtl is?ued city a county ph y51 Ca I an order in case numbei03 - 2J 3EL , granting custody of thechild(ren)(nto and visitation to E rnr? i In j T 3. Since the order, circumstances have changed and the Order is no longer in the best interest of y the child(ren) because: Kyle Andrew Bush, at age 14, has decided he would like to live with his mother (Emma D. Hadley)and attend high school in Md. He has applied to and been accepted at DeMatha High School in Hyattsv#ie,MD. wherWit has been etermined that transferring immediate y would be in his best interests. He is scheduled to begin 10/15/2008. Sc?. x k . ?or- more 4' 15. Page 10(2 DR 7 - Revised 9 Maroh 2001 i ttn l'115 mQ`fher uq Aid] d, on iSSt,US Lefr ? ?.WN c Ide -t hre 15 lafte, C-A ng L64,co ?sI:s`fer c?xri'-Ia c I l4wes ct- ofF d uL*. nor) petqrnenf t Cr on-to C+ 6CPCX;P-CL u aY??.r- c I ?? tO ,:5h of off -fir nnn "nt 1 9 Educa+ona I "16 Menr-rref --314 mvaile- .5d-w1 I r-) ND Circuit Court for City W Ctwny CIVIL-DOMESTIC CASE INFORMATION REPORT Directions: Plaintiff. This Information Report must be completed and attached to the complaintfiled with the Clerk of Court unless your case is exempted from the requirement by the Chief Judge ofthe Court of Appeals pursuant to Rule 2-11 L A copy must be Included for each defendant to be served. Defendant: Y m ust file an Information Report as required by Rule 2 -323(h). THIS INFOR T CANNOT BE ACCEPTED AS AN ANSWER OR RESPONSE. FORM FILED BY: PLAINTIF G3 DEFENDANT CASE NUMBER: ??n Gerald Vr-' s Emma Devorah Hadley ccie? to i CASE NAME: v PART Y'S NAME:- ye L-mm? b 1,04 PHONE: (10 ) %WOMI6?5 'A Z-15 8609 WelNrtgton Street (Dwirw ADDRESS: PARTY'S ATTORNEY'S NAME: PHONE: ATTORNEY'S ADDRESS: 0 I am not represented by an attorney RELATED CASE PENDING? Q Yes M No If es, Court and Case sl s , if known: Special Requirements? 13 Interpreter/communication impairment Which language _ (Attach Form 1-332 ifAccommodation orlnterpreter Needed) Which dialed- ( ADA accommodation: ALTERNATIVE DISPUTE RESOLUTION INFORMATION Is this case appropriate for r erral to an ADR process under Md. Rule 17-101? (Check all that apply) A. Mediation Yes 13 No C. Settlement Conference Q Yes 0 No B. Arbitration Yes C] No D. Neutral Evaluation Q Yes Q No IS THIS CASE CONTESTED? Yes No If yes, which issues appear to be contested? 0 Ground for divorce /'- Child Custody Q Visitation 0 Child Support 0 Alimony 0 Permanent Q Rehabilitative Q Use and possession of family home and property Q Marital property issues involving: 11 Valuation of business 13 Pensions 0 Bank accounts/IRA's ? Real Property Q Other: Q Paternity 0 Adoptio n/termination of parental rights O Other: Request is made for: O Initial order Modification 13 Contempt 17 Absolute Divorce D Limited Divorce For non-custody/visitation issues, d you intend to request: 0 Court-appointed expert (name field)-- 13 Mediation by a Court-sponsored settlement program Q Initial conference with the Court Other: For custody/visitation issues, do you intend to request: -, 0 Mediation bya private mediator Appointment of counsel to represent child (not just to E3 Evaluation by mental health professional waive psychiatric privilege) ? Other Evaluation 13 A conference with the Court Is there an alleation of Physical orsexual abuse of party or child? 13 Yes 0 No Page I of 2 Effective January 1, 2003 CASE NAME: Gerald K. Bush V Emma Devorah Hadley Dger-do?wow -7:p j-Zn fi ifs CASE NUM BER:_ pet to immit> TIME ESTIMATE FOR A MERITS HEARING: _ hours _r days TIME ESTIMATE FOR HEARING OTHER THAN A MERITS HEARING: _ hours __ days signature ofCounsol/P64 ,emnrra d N Or7a prw NW am SUW Address , , -b 2070 (a City/ t+taz1p 203 Date Page 2 of 2 Effective January t, 2003 4. I know of the following additional cases concerning the child(ren) (such as domestic violence (protective order), paternity, divorce of the child(ren)'s parents, custody, visitation, or juvenile court cases): Cow Can No. Kind of Can Year Filed Results or Status (if you know) OR THESE REASONS, I request the Court change custody and/or visitation as follows: au tM ehMW to you w MMMMM and order anv other anoronriate relief 9I am also requesting a change in the current child support order. I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true to the best of my knowledge, information, and belief. I'? A Oc4nba - 14 .?1)L-F5 DOW Page 2 of 2 DR 7 . Revised 9 Ma?Ch 2001 Q r-:> EMMA DEBORAH HADLEY, f/k/a DEBORAH HADLEY, Plaintiff V. GERALD K. BUSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2132 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of October, 2008, upon consideration of Defendant's Emergency Petition for Special Relief To Maintain Court Ordered Status Quo Pending Resolution of Modification Petition, and of Plaintiffs Petition for Special Relief Emergency Temporary Custody, a hearing is scheduled for Monday, October 27, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. rek Cordier, Esq. 319 South Front Street Harisburg, PA 17104 Attorney for Plaintiff /hn F. King, Esq. 3820 Market Street Camp Hill, PA 17011 Attorney for Defendant :rc A J. BY THE COURT, 'jv ! ?? ld L 10 80DZ EMMA D. HADLEY A/K/A DEBORAH IN THE COURT OF COMMON PLEAS OF HADLEY PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-2132 CIVIL ACTION LAW GERALD K. BUSH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, October 21, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, November 17, 2008 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 6f??y 4r/ ? S : Wd [ Z 130 Ran Friedman & King, P.C. John F. King, Esq. ID#61919 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 (717) 236-8080 FAX friedmanandking-&hotmai 1. com Attorney for Defendant EMMA DEBORAH HADLEY, f/k/a DEBORAH HADLEY, Plaintiff V. GERALD K. BUSH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ANSWER TO "PETITION FOR SPECIAL RELIEF EMERGENCY TEMPORARY CUSTODY" AND NOW, comes the Respondent/Father, Gerald K. Bush, hereinafter referred to as "Father", by and through his legal counsel, John F. King, Esq., Friedman & King, P.C., and files his answer to the Petition for Special Relief filed by Petitioner/Mother, Emma D. Hadley, hereinafter referred to as "Mother", and in support thereof avers the following: 1. Admitted. 2. Admitted and, by way of further answer, it is averred that the subject child, Kyle Andrew Bush, born May 24, 1994, hereinafter referred to as "Child", is residing at Mother's residence in violation of the current Court Order issued by this Honorable Court dated November 18, 2005, and as the result of Mother's unilateral, contemptuous actions. 3. Admitted. 4. Admitted. 5. Father is without sufficient information to determine the veracity of the allegations contained in paragraph 5 which are, therefore, denied and proof thereof is demanded. 6. It is admitted that Father is remarried. The remaining averments contained in paragraph 6 are denied. By way of further answer, Father's Wife previously suffered from a prescription drug dependency resulting in two arrests, which have been adjudicated and resulted in Wife being successfully enrolled in rehabilitation counseling. It is further averred that Father's home suffered a one day utility interruption during his Wife's unemployment. She is now re- employed and bill paying is back on a regular schedule. It is further averred that Father's step daughter is a 23 year old woman who has a close relationship with the subject Child, and does not suffer from significant mental health problems. 7. Admitted and, by way of further answer, it is averred that Mother wrongfully withheld the Child in contempt of the current Order, during the last agreed-to visit with Mother on the long weekend of Saturday, October 11-13, 2008. 8. It is specifically denied that Father has been verbally and emotionally abusive toward the Child. It is specifically denied that Father has an uncontrolled temper. It is further averred that the Child has no reason to fear for his physical safety, given the total lack of any physical abuse whatsoever on the part of Father. 9. The averments contained in paragraph 9 are generally denied, pursuant to Pa.R.C.P. 1920.14. By way of further answer, Father believes, and therefore avers, that DeMatha High School is a private institution with an annual tuition of approximately $12,000.00. It is further averred that, despite the fact that Father has had primary physical custody of the subject Child since 1999, when Mother deserted the family with her same sex lover, and despite the fact that the parties enjoy Court-ordered shared legal custody, Mother unilaterally, despite Father's protests, did withhold the Child and enroll him in a private prep school in the Washington, DC, area. It is further averred that this occurred approximately seven weeks into the new school year, at great detriment to the Child. It is further averred that the Child missed a full week of school and, at the time that he was unilaterally taken from his classes at East Pennsboro, he was enjoying an exceptional grade average of approximately 3.7/4.0. It is further averred that the subject Child is 14 years of age, and is without the ability to unilaterally determine what is in his best interests in this particular regard. 10. It is certainly admitted that there are no allegations of physical abuse or neglect, in that none exists. It is specifically denied that Father has serious anger control issues. It is specifically denied that Father is a "heavy social drinker". By way of further answer, it is averred that Father has no anger control issues and no drinking issues whatsoever. It is also specifically denied that Father utilizes any emotionally abusive means to control the Child and the Mother. By way of further answer, it is averred that Father has no ability whatsoever to control Petitioner Mothe,r as evidenced by her unilateral decision to act in contempt of the Court's Order. 11. It is admitted that the subject child is of above-average intelligence and enjoys a good athletic ability. It is denied that the Child in any way has the ability to unilaterally determine what is in his own best interest in this particular regard. 12. The averments contained in paragraph 12 are denied. By way of further answer, it is averred that the only instability in the Child's living arrangement with Father has been caused by Mother's contemptuous actions as related above. It is further averred that the past prescription drug dependency on the part of the Child's stepmother does not threaten the Child's well-being. It is further averred that the allegations of a "seriously emotionally disturbed stepsister" are a fabrication designed to bolster and justify the contemptuous actions of Mother. 13. The averments contained in paragraph 13 are generally denied, pursuant to Pa.R.C.P. 1920.14. 14. Father is without sufficient information to determine the veracity of the allegations contained in paragraph 14 which are, therefore, denied and proof thereof is demanded. 15. It is specifically denied that Father is in any way motivated by the receipt of child support payments and proof, therefore, is demanded. It is further averred that this spurious allegation is made solely for the purposes of bolstering and justifying Mother's contemptuous actions. By way of further answer, and contrary to a Domestic Relations Child Support Order, Father has not received a support payment from Mother since August 25, 2008, and arrearages stand at approximately $1,206.00. By way of further answer, it is believed, and therefore averred, that Mother is pursuing this action in order to avoid an increase in support and payment of the significant arrearages. 16. The averments contained in paragraph 16 are generally denied, pursuant to Pa.R.C.P. 1920.14. By way of further answer, it is believed, and therefore averred, that Mother's contemptuous and wrongful actions in unilaterally withholding and enrolling this Child are contrary to the Child's emotional well-being. It is further averred that Mother has made no allegations which would support any concern regarding the physical well-being of the Child. It is further averred that since Mother's wrongful withholding of the Child on October 10, 2008, she has denied Father's requests to be allowed to visit with the Child, and has further refused to allow the Child to participate in a baseball tournament which he was scheduled to attend during the weekend of October 18, 2008, to the detriment and harm of the Child's well-being. WHEREFORE, the Father respectfully requests this Honorable Court to enter an Order compelling the Mother to immediately return the minor Child to the jurisdiction of this Court and direct that, after the return, the Child not be removed from the jurisdiction, pending a full evidentiary hearing on the pending Modification Petition filed by Mother. Dated: October 21, 2008 By: N John F. King, Esq. 3820 Market Street Camp Hill, PA 17011 v (717) 236-8000 (717) 236-8080 FAX friedmanandking_(a,hotmail com Attorney for Father VERIFICATION I, John F. King, Esquire, hereby acknowledge that I am the attorney for the Respondent/Father in the foregoing action; that I have read the foregoing Answer and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. 0 Dated: Lo &2 L John F. King, Esquire Atthrnev for Resnonden CERTIFICATE OF SERVICE I hereby certify that I am thisa? day of October, 2008, serving the foregoing Answer upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Derek Cordier, Esq. 319 S. Front Street Harrisburg, PA 17104 XVA? 4g?? Sharry Semans C- (- ?c r'a h J?ATZ)LU/. LEI In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. -3 - na r a Civil. 19 V'% t i ?e'c? o nom- cx c1J Cis i? To Prothonotary 19 100, L 6,4- Att ey for Plaintiff F1U?D-4:)1 FICE ( No. Term, 19 OF V , 2008OCT 21 A Q; 34 . 04-y vs. PRAECIPE Filed 19 Atty. EMMA DEBORAH HADLEY, f/k/a DEBORAH HADLEY, Plaintiff v GERALD K. BUSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2132 CIVIL TERM IN RE: PETITIONS FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 27th day of October, 2008, upon consideration of Defendant's Emergency Petition for Special Relief To Maintain Court-Ordered Status Quo Pendincr Resolution of Modification Petition, and the Answer To Petition for Special Relief Emergency Temporary Custody, and following a hearing, the record is declared closed, and the matter is taken under advisement. XDerek Cordier, Esquire 319 South Front Street Harrisburg, PA 17104 For Plaintiff John F. King, Esquire 3820 Market Street Camp Hill, PA 17011 For Defendant mae ?a I ES rn,% I I C, -0.. I ,0/a810B t:Tm By the Court, L? L.r Wesle er, Jr. , J. 1 :1 2-e 130 ROOZ of 1 -n i EMMA DEBORAH IN THE COURT OF COMMON PLEAS OF HADLEY, f/k/a CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH HADLEY, Plaintiff V. CIVIL ACTION - LAW GERALD K. BUSH, Defendant NO. 03-2132 CIVIL TERM TEMPORARY ORDER OF COURT AND NOW, this 28th day of October, 2008, upon consideration of Defendant's Emergency Petition for Special Relief To Maintain Court Ordered Status Quo Pending Resolution of Modification Petition, and the Answer to Petition for Special Relief Emergency Temporary Custody, with respect to the parties' child, Kyle Andrew Bush (d.o.b. May 24, 1994), and following a hearing held on October 27, 2008, it is ordered and directed as follows: I. It appearing to the court that a second temporary disruption of the child's school situation would not be in his best interest, Defendant's emergency petition is denied; 2. Nothing herein is intended to represent a ruling by the court as to the best interest of the child on a permanent basis, which has been placed at issue by Plaintiff's Petition To Modify Custody and which will be the subject of a custody conciliation conference scheduled for November 17,2008; and 3. Nothing herein is intended to preclude Defendant from filing a petition for contempt in connection with Plaintiff's recent unilateral relocation of the child to Maryland. BY THE COURT, 1 Wesle e u : ': 821DUZ /Derek Cordier, Esq. 319 South Front Street Harisburg, PA 17104 Attorney for Plaintiff John F. King, Esq. 3 820 Market Street Camp Hill, PA 17011 Attorney for Defendant :rc O( ? FMS m?-?l£cl? Friedman & King, P.C. John F. King, Esq. ID#61919 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 (717) 236-8080 FAX friedmanandkina&hotmail.com EMMA DEBORAH HADLEY, f/k/a DEBORAH HADLEY, Plaintiff V. GERALD K. BUSH, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT SEEKING REIMBURSEMENT OF COUNSEL FEES, COSTS AND EXPENSES FOR PLAINTIFF'S FAILURE TO COMPLY WITH CUSTODY ORDER TO THE HONORABLE OF THE JUDGES OF THE SAID COURT: AND NOW comes the Petitioner, Gerald K. Bush, Defendant in the above matter, by and through his attorney, John F. King, Esq., Friedman & King, P.C., and brings this Petition for Contempt averring as follows: 1. Petitioner, Gerald K. Bush, currently resides at 4 Hunter Lane, Camp Hill, Pennsylvania, 17011. 2. Respondent, Emma Deborah Hadley, f/k/a Deborah Hadley, resides at 9609 Wellington Street, Lanham, Maryland 20706. 3. The Petitioner is the natural father of the minor child, Kyle Bush, born May 21, 1994. 4. The Respondent in the natural mother of the aforementioned minor child. 5. On or about Labor Day, 1999, the Respondent/Mother deserted the then marital residence and the parties were subsequently divorced from the bonds of matrimony by the Court of Common Pleas, Cumberland County, in October, 2002. 6. Since the separation in 1999, the Petitioner/Father enjoyed shared legal and primary physical custody of the minor child, Kyle, until Monday, October 13, 2008, on which date the Petitioner/Father was informed that the Respondent/Mother was wrongfully keeping the subject minor child at her residence in Lanham, Maryland, in violation of the then existing Court Order. 7. The aforementioned existing Court Order was dated November 18, 2005, and is attached hereto and marked as Exhibit "A". 8. Mother's wrongful actions in violation of the Court Order are as follows: A. Respondent/Mother is in violation of paragraph "1" of the Order of Court of November 18, 2005, which states in part that "the parties, Deborah Hadley and Gerald K. Bush, shall have shared legal custody of the minor child, Kyle Bush, born May 21, 2994. 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 his health, education, and religion." B. Respondent/Mother is in violation of paragraph "2" of the existing Order which states in part "Father shall have primary physical custody." C. Respondent/Mother is in violation of the current Order by unilaterally disrupting the child's education by way of her wrongful decision to enroll the child in a private school in the Washington DC suburbs, contrary to primary custodian Father's wishes, thereby causing the child to miss one week of school. 9. As a result of Mother's aforementioned unilateral actions, which were in violation of this Honorable Court's Order dated November 18, 2005, Petitioner/Father was forced to file an Emergency Petition for Special Relief, which Petition was filed on October 16, 2008, at 3:20 PM. A copy of said Petition is attached hereto as Exhibit "B". 10. Subsequent to the Respondent/Mother's wrongful actions, Respondent/Mother did file by way of her legal counsel, Derek Cordier, Esq., a Petition for Special Relief Emergency Temporary Custody, which Petition was filed after Petitioner/Father's filing. A copy of said Petition is attached hereto as Exhibit "C". 11. As a result of Respondent/Mother's wrongful actions, the Petitioner/Father was forced to incur attorney fees, costs and expenses in enforcing his rights under the Court Order dated November 18, 2005, which did grant him shared legal custody and primary physical custody of the subject minor child, which primary physical custody he had enjoyed since the parties' separation on or about Labor Day, 1999, in the amount of $3,130.75. See copy of invoice attached as Exhibit "D". 12. As a result of Respondent/Mother's wrongful actions, the Petitioner/Father has been forced to incur attorney fees, costs and expenses in pursuit of the instant contempt action, in the amount of $350.00. See copy of invoice attached as Exhibit "E". 13. As a result of Respondent/Mother's wrongful actions, the Petitioner/Father will incur additional attorney fees, costs and expenses through the hearing date of this instant action. 14. Subsequent to the filings by both parties of the Petitions for Special Relief, and after a hearing, the Honorable Judge Oler did issue a Temporary Order of Court in which he ordered in part, as follows: "3. Nothing herein is intended to preclude Defendant from filing a petition for contempt in connection with Plaintiff s recent unilateral relocation of the child to Maryland." A copy of said Temporary Order is attached hereto and marked as Exhibit "F" 15. The Honorable J. Wesley Oler, Jr. has ruled on issues in this case. WHEREFORE, Petitioner respectfully requests Your Honorable Court to grant the following relief: A. Find Respondent/Mother in contempt of Court for her failure to comply with the terms of this Honorable Court's Order dated November 18, 2005; B. Issue an Order compelling Respondent/Mother to immediately pay over to Petitioner/Father the sum of $3,480.75 C. Issue an Order compelling Respondent to immediately pay over to Petitioner/Father the additional sum of attorney fees incurred by the Petitioner/Father through the hearing date of this action, as determined by the Court at hearing; D. Such other relief as this Court deems appropriate. Dated: November,-3 , 2008 Respectfully submitted, FRIEDMAN & KING, P.C. r?r?L By: , ohn F. King, Esq. 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 (717) 236-8080 FAX friedmanandkiny,&hotmai 1. com Attorney for Petitioner/Father VERIFICATION I, John F. King, Esquire, hereby acknowledge that I am the attorney for the Petitioner/Defendant in the foregoing action; that I have read the foregoing Petition for contempt and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. /3 Dated: d k Jb n F. King, Esquire Attorney for Defendant/Petitioner CERTIFICATE OF SERVICE I hereby certify that I am this day of November, 2008, serving the foregoing Petition for contempt upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Derek Cordier, Esq. 319 S. Front Street Harrisburg, PA 17104 4SeShmans r? EMMA DEBORAH HADLEY, f/k/a DEBORAH HADLEY, Plaintiff V. NOV 1 4 "1005 IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW GERALD K. BUSH, IN CUSTODY Defendant OLER, J. -- Q ORDER OF COURT AND NOW, this U day of November, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Deborah Hadley and Gerald K. Bush, shall have shared legal custody of the minor child, Kyle Bush, bom May 21, 1994. 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 his 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. Father shall have primary physical custody. Mother shall have custody for the following weekends during the 2005/2006 school year: November 4, 2005 through November 6, 2005 November 26, 2005 through November 29, 2005 December 26, 2005 through January 22, 2006 January 13, 2005 through January 16, 2006 February 16, 2006 through February 20, 2006 - March 3, 2006 through March 6, 2006 March 24, 2006 through March 26, 2006 -April 12, 2006 through April 17, 2006 May 12, 2006 through May 14, 2006 May 26, 2006 through May 29, 2006 NO. 03-2132 CIVIL TERM 3. For the summer 2006, the parties will observe the following schedule: Father will have custody from June 10, 2006 through June 17, 2006 (travel day June 17); July 13, 2006 through July 20, 2006 (travel days July 13 and July 20); and from August 11, 2006 through the beginning of the school year (travel day August 11, 2006). Mother will have custody from June 17, 2006 through July. 13, 2006 and July 20, 2006 through August. 11, 2006. 4. Mother will have a weekend period of custody in the spring 2006 on a weekend when Kyle is playing baseball, which weekend will be exercised by Mother coming to Harrisburg rather than by Kyle flying to Boston. This weekend will be selected after the baseball schedule is posted in the spring. 5. Mother will select one of two "floater weekends". The identified weekends are December 16, 2005 through December 19, 2005 or April 27, 2006 through April 30, 2006. Mother may select one weekend. However, her exercise of these weekends is contingent upon Kyle's grades being at least second honors level and upon his most recent progress report containing no negative academic comments. This contingency is in place by mutual agreement of the parents because either of the two floating weekend times which Mother would select would necessitate Kyle being absent on a school day. 6. This Order replaces prior Orders of Custody issued in this matter. BY THE J. Dist: Timothy J. O'Connell, Esquire, 4415 N. Front Street, Harrisburg, PA 17110 Gerald K. Bush, 4 Hunter Lane, Camp Hill, PA 17011 r Friedman & King, P.C. John F. King, Esq. ID#61919 Attorney for Defendant 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 (717) 236-8080 FAX friedmanandking&hotmail.com ° _ EMMA DEBORAH HADLEY, f/k/a IN THE COURT OF COMM ON'tPLEAZ DEBORAH HADLEY, CUMBERLAND COUNTY . O1 c Plaintiff PENNSYLVANIA ' R =j _. Respondent .. {....) sQ V. NO. 03-2132 CIVIL TERM rv CIVIL ACTION - LAW c' GERALD K. BUSH, IN CUSTODY Defendant Petitioner EMERGENCY PETITION FOR SPECIAL RELIEF TO MAINTAIN COURT ORDERED STATUS QUO PENDING RESOLUTION OF MODIFICATION PETITION AND NOW comes the Petitioner, Gerald K. Bush, pursuant to Pa.R.C.P. 1915.13 and petitions the Honorable Court as follows: 1. The Petitioner is Gerald K. Bush, who currently resides at 4 Hunter Lane, Camp Hill, Pennsylvania 17011. 2. The Respondent is Emma Hadley, who currently resides at 9609 Wellington Street, Lanham, Maryland, 20706. 3. The Petitioner is the natural father of the minor child, Kyle Bush, born May 21, 1994. 4. The Respondent is the natural mother of the aforementioned minor child. 5. On or about Labor Day, 1999, the Respondent/Mother deserted the then marital residence, having entered into an adulterous relationship with her then Episcopalian Priest, Constance Reinhardt. 6. The Petitioner and Respondent were divorced from the bonds of matrimony by the Court of Common Pleas of Cumberland County in October 2002. 7. It is believed and, therefore averred, that the Respondent has entered into a same sex union with Constance Reinhardt by way of a ceremony in the State of Massachusetts, and now resides with Constance Reinhardt at the aforementioned residence in Lanham, Maryland. 8. Since the separation in 1999, the Petitioner/Father has had primary physical custody of the minor child, Kyle. 9. On June 15, 2003, an Order was entered by this Honorable Court, granting the parties shared legal custody and primary physical custody to Petitioner/Father, with Respondent/Mother to have visitation in the summers and limited vacation visitation. A copy of the Order is attached hereto and marked as Exhibit "A". 10. On November 18, 2005, an Order was entered by this Honorable Court which did replace the prior Orders of Custody, and which did provide for shared legal custody and primary physical custody to Father, with Mother to have partial summer visitation as well as ten weekend visits from November 2005 through May of 2006. A copy of the Order is attached hereto and marked as Exhibit "B". 11. The minor child, Kyle Bush, is an exceptional student in the East Pennsboro School District, where he routinely receives "A" letter grades in academics. 12. The minor child, Kyle Bush, is very active in sports, particularly in baseball and soccer, in both the school district as well as travel teams. 13. The minor child's Petitioner/Father, as well as his step-mother, the spouse of Petitioner/Father, are extremely supportive of the minor child's sports and academic endeavors, which endeavors are also bolstered by the minor child's 18 year old step-sister, who resides with him in his home in Camp Hill. 14. On or about Friday, October 10, 2008, the Petitioner/Father did meet the Respondent/Mother at their normal meeting place in Hereford, Maryland, to transfer the child for a weekend visit with Mother in Lanham, Maryland, which weekend was scheduled to end on the evening of Monday, October 13' (given the Columbus Day holiday). 15. In the late afternoon of Monday, October 13, 2008, the Petitioner/Father received a phone call informing him that the child was not being returned, but rather was being kept at the residence in Lanham, Maryland, and enrolled in a private Catholic school, namely, DeMatha High School, located in Hyattsville, Maryland. 16. Mother's action in keeping the minor child is violative of the existing Court Order dated November 18, 2005. 17. Subsequent to Mother's wrongful withholding, it is believed, and therefore averred, that she did file a Petition to Modify the existing Order, which filing is believed, and therefore averred, to have been made ro se. 18. It is believed, and therefore averred, that the Respondent/Mother has gathered the school records from the East Pennsboro School District of the minor child, and does intend to enroll the child in the aforementioned private school, DeMatha High School, starting Monday, October 20, 2008. 19. It is believed, and therefore averred, that the Respondent/Mother is employed as a school teacher approximately one hour from her home and is unable to provide transportation to and from the DeMatha High School for the child, but rather intends to rely upon public transportation or the like. 20. The wrongful withholding of the child and the unilateral decision by Respondent/Mother to transfer the child from the East Pennsboro High School, where he is thriving, to an unknown environment in the Washington, DC, area is believed, and therefore averred, to be not in the child's best interest, but rather contrary to the health, safety and welfare of the child. 21. Mother's unilateral withholding of the child and removal of the child out of state is violative of the existing Order relating to physical custody, and her decision making is also violative of the shared legal custody provisions of the existing Order. 22. If the minor child is not immediately returned to Father's physical custody, as per the existing Custody Order, the child faces the possibility of irreparable harm due to the interruption of his education and school year activities. WHEREFORE, the Petitioner/Father respectfully requests this Honorable Court to grant the Petition for Special Relief, and to enter an Order compelling the Respondent/Mother to immediately return the minor child to the jurisdiction of this Court and direct that, after the return, the child not be removed from the jurisdiction, pending a full evidentiary hearing on the pending Modification Petition. Dated: October 16, 2008 Respectfully submitted, FRIEDMAN & KING, P.C. By. /John F. King, Esq. 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 (717) 236-8080 FAX friedmanandkin(a,hotmail.com Attorney for Defendant/Petitioner Derek Cordier, Esquire, SC #83284 319 South Front Street, Harrisburg, PA 17104 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA EMMA DEVORAH HADLEY, F/K/A DEBORAH HADLEY, Petitioner VS. No. 03-2132 CIVIL ACTION -LAW GERALD K. BUSH, Respondent : CUSTODY PETITION FOR SPECIAL RELIEF EMERGENCY TEMPORARY CUSTODY AND NOW, comes the Petitioner, Emma D. Hadley, formerly known as Deborah Hadley, hereinafter "Petitioner" by and through her counsel, Derek J. Cordier, Esquire and files this Petition for Special Relief Emergency Petition for Temporary Physical Custody, and in support thereof avers the following: 1. The Petitioner is Emma D. Hadley, who is the Mother of Kyle Andrew Bush, age 14, born May 24, 1994, hereinafter "Child." 2. Petitioner and Child are currently residing at 9609 Wellington Street, Lanham, Maryland, 20706; in their home resides Petitioner's life-partner, the Child's older brother and his wife and their three year old child who have very close relationships with the Child. 3. The Respondent is Gerald K. Bush, who is the Father of the Child and resides at 4 Hunter Lane, Camp Hill, Pennsylvania, 17011. 2 4. The Court of Common Pleas, Cumberland County, has jurisdiction over the custody of the Child. 5. Petitioner owns a home, resides with her long-term significant other who is an Episcopal minister, has a PhD in education technology and communication and is employed by Charles County School District. 6. Respondent has been remarried since 2002, however, his wife has very serious drug addiction issues that have resulted in recent arrests in three Pennsylvania counties, over the past year the Respondent's home has had its water and telephone shut off due to nonpayment, and Respondent's wife has a daughter residing with them who has significant mental health problems. 7. Petitioner, in the best interest of the Child, seeks emergency temporary physical custody of the Child and modification of the current Custody Order dated November 18`h 2005. (Attached) 8. Respondent has been verbally and emotionally abusive toward the Child and currently the Child fears for his own physical safety due to Respondent's uncontrolled temper. 9. A summary of the Petitioner's and the Child's repeated attempts to act in the Child's best interest are as follows: Winter and Spring of 2007: The Child applied to and was accepted at DeMatha High School, which is a prestigious private boys prep school in Maryland, which is nationally recognized for their academic, sports, and music programs. Classes at DeMatha are very small which allows for significant individualized attention. The Child would also have a much better opportunity to achieve his goal of playing baseball for a division I college or university. Unfortunately, at that time the Child did not accept the admission because he was afraid of Respondent's reaction. Sunday, October 5, 2008: The Child telephoned the Petitioner and requested to change custody and allow him to move with Petitioner and her life partner and attend DeMatha High School. The Child expressed to Petitioner that his situation at Respondent's home had become unbearable and he needed to move for his own emotional safety. The Child also indicated that his current school was boring and unchallenging, and that in his current situation he did not believe that he was in an environment that would support him and his goals to attend a top university and play division I baseball. Monday, October 6, 2008: Petitioner contacted DeMatha High School and inquired as to whether transferring the Child was a possibility. At that time, the Child's application was given the opportunity to be reviewed and another interview occurred on Monday, October 13, 2008, as it was a holiday for the Child. Tuesday, Oct 7, 2008: The Child initiated a conversation with Respondent regarding moving in with Petitioner and attending DeMatha High School. Without any reasoning whatsoever, the Respondent simply showed signs of anger, and stated that he would not allow the Child to transfer. The Child then stated that he did not understand why the Respondent would find an environment that forced him to reside with familial relations who have a history of addiction, pending criminal charges, and significant mental health issues would be conducive to the Child's well-being. 4 Wednesday, October 8, 2008: Petitioner attempted to telephone Respondent and Respondent again became verbally abusive and hung up the phone indicating that he would not allow the Child to move. Thursday, October 9, 2008: The Child again attempted to talk to Respondent. Respondent became more verbally abusive toward the Child and, again without reason and in a controlling manner indicated that he would not allow the Child to move. Friday, October 10, 2008: No contact between any of the parties. Saturday, October 11, 2008: Petitioner drove to Pennsylvania to watch the Child play soccer. On the drive back to Maryland the Child again indicated that he did not feel safe in the custody of Respondent as the Respondent's temper was getting more volatile. The Child also reiterated that East Penn was not preparing him for college and the sports program was not competitive enough. The Child in his own well reasoned opinion believes that DeMatha High School would be a much better fit. Finally, the Child literally begged Petitioner not to send him back to the custody of Respondent. The Child was clearly under a very high degree of emotional stress. Sunday October 12, 2008: Another attempt was made through the use of a conference call between the Child, Petitioner, the Child's older brother, Jeremy, and Respondent. An attempt was made at explaining the Child's needs and his wishes with an attempt to persuade the Respondent to support the Child's intelligent decision. Once again, Respondent immediately became verbally abusive to all of the other parties on the conference call. The Petitioner eventually requested to speak with Respondent one-on- one. Petitioner requested that Respondent attempt to support the Child's well reasoned opinion along with Petitioner and the Child's older sibling's opinions as to what is in the best interest of the Child. Also, and of significant importance, the Petitioner indicated that DeMatha High School had stated that they would not give the Child another opportunity at entrance - the Child had to either transfer now, or not at all. Respondent simply countered with "then I guess it will be not at all." On this date the Child also indicated to Petitioner that the Child did not feel physically or emotionally safe in Respondent's house and that the Child was adamant that he does not want to return to the Respondents household. Monday, October 13, 2008: The Child met with the admissions director at DeMatha High School and is now even more adamant about what he wants for his future. The Child then suggested that they attempt to speak with the Respondent one more time so as to circumvent court. Shortly thereafter, the Child received confirmation that he had been accepted as a transfer student to DeMatha High School. At that point the Child telephoned the Respondent and Respondent's wife. Neither adult was willing to even listen to the Child's opinion. Further, Respondent and his wife threatened him with "punishments" such as turning of the Child's telephone. Among other tactics, Respondent and his wife also berated the Child and attempted to use guilt as a mechanism to make the Child change his mind. After close to two hours on the phone the Respondent and his wife simply hung up on the Child. Tuesday, October 14, 2008: The Child's cell phone is now disconnected, which will limit the Petitioner's and the Child's communication and shortly thereafter, the Petitioner drove to Cumberland County Pennsylvania to file for Custody Modification and Emergency Custody, and as time was of the essence attempted to do so pro se. The 6 Child again reiterated his wishes and also recognizes that the Respondent has considerably damaged their already strained relationship. Wednesday, Oct 15: Respondent threatens Petitioner with immediate arrest and the filing of contempt charges if the Child is not returned. 10. There are no allegations of physical abuse or neglect of the Child or between the parties in this case. However, the Respondent has serious anger control issues, is a heavy "social drinker" and it is believed and averred that the Respondent utilizes emotionally abusive means to control the Child and the Petitioner. 11. The Child is 14 years old and has above average intelligence and maturity, his well reasoned opinions as to altering his own custody include a brighter future academically, a healthy environment that will allow him to thrive emotionally and physically, the ability to pursue his potential in the sport of baseball, and unlimited opportunities to excel. 12. The Child's living arrangement with the Respondent is unstable at best and there are issues of drug abuse, criminal activity and prosecution in connection with the drug abuse by Respondent's wife, and a seriously emotionally disturbed stepsister all residing together. 13. The Child has been attending East Pennsboro High School, where the Child feels stifled, unchallenging, and too much time is spent on disciplining other students rather than academics. Further, the Child wishes to be involved with music, however is uncomfortable doing so at East Pennsboro. 14. The Child is also enrolled at the top ranking DeMartha High School and is scheduled to begin on Monday the 20`h of October, 2008, which is the reason that the requested 7 Order is emergent in nature, as DeMartha High School has stated that the current admission will be the Child's last. 15. It is believed and averred that Respondent is not responding to the best interest of the Child and in fact cares more for the child support he will lose if primary physical custody is awarded to Petitioner. 16. Petitioner fears for the emotional and physical wellbeing of the Child and is seeking primary physical custody of the Child and a Court Order allowing the Child to attend DeMartha High School beginning October 20, 2008, which are both clearly in the best interest of the Child. WHEREFORE, the Petitioner respectfully requests that this Honorable Court grant the Petitioner's request for primary physical custody of the Child, and Order that the Child may attend DeMartha High School beginning Monday the 20`h of October, 2008, with a conciliation conference and/or custody trial to occur thereafter. Respectfully submitted by: Derek-Cordier, squire, SC #83284 319 South F(9 fit Street Harrisburg, PA 17104 (717) 919-4002 Fax: (717) 213-4984 8 Friedman and King, P.C. 3820 Market Street Camp Hill, PA 17011 Phone # 717-236-8000 Bill To: Mr. Gerald Bush 4 Hunter Lane Camp Hill, PA 17011 Description 10/16/08 Preparation and dictation of Emergency Petition/Custody, travel to Cumberland County Courthouse to file and walk thru 10/17/08 Telephone conference from Courthouse, telephone conference from Mrs. Bush 10/21/08 Receipt/review of mother's Special Relief Petition, telephone conference with opposing counsel, telephone conference with Mrs. Bush, dictation of Answer to mother's Petition 10/21/08 Telephone conference with client, revision of draft Answer 10/23/08 Receipt/review of new letters in support of client, e-mail to Mr. Bender 10/24/08 Prepare for hearing 10/27/08 Travel to and from and attendance at hearing 11.7 hours @ $250.00 per hour COSTS ADVANCED: Cumberland County Prothonotary (Emergency Petition) B&B Process Service (service of Emergency Petition) UPS (Package Delivery) Total Reimbursable Expenses Invoice Invoice #: 582 Invoice Date: 10/27/2008 Due Date: 11/26/2008 Hours/Qty Rate 3.4 0.3 1.6 0.4 0.5 2 3.5 11.7 Total $3,065.75 Amount 250.001 2,925.00 70.00 70.00 55.00 55.00 15.75 15.75 140.75 Friedman and King, P.C. 3820 Market Street Camp Hill, PA 17011 Phone # 717-236-8000 Bill To: Mr. Gerald Bush 4 Hunter Lane Camp Hill, PA 17011 Invoice Invoice #: 623 Invoice Date: 10/30/2008 Due Date: 11/29/2008 Total $65.00 Description Hours/Qty Rate Amount { l Burton & Burton Statement DATE 10/20/2008 Thank you for choosing B & B Process Servers P.O. Box 68 Lanham, Maryland 20703-0068 Office: 301-864-0074 Fax: 301-864-0075 BILLING ADDRESS Friedman & King, P.C. 3820 Market Street Camp Hill PA 17011 DESCRIPTION QTY RATE AMOUNT Process Service $65.00 In the Court of Common Pleas Cumberland County Pennsylvania No. 03-2132 Civil Term Civil Acton Law In Custody Emma Deborah Hadley, f/k/a Deborah Hadley vs. erald . Bush TOTAL $120.00 Website: bandbprocessservers.com Friedman and King, P.C. 3820 Market Street Camp Hill, PA 17011 Phone # 717-236-8000 Bill To: Mr. Gerald Bush 4 Hunter Lane Camp Hill, PA 17011 Invoice Invoice #: 617 Invoice Date: 10/29/2008 Due Date: 11/28/2008 Total $350.00 Description Hours/Qty Rate Amount 11 we w EMMA DEBORAH IN THE COURT OF COMMON PLEAS OF HADLEY, f/k/a CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH HADLEY, Plaintiff V. CIVIL ACTION - LAW GERALD K. BUSH, Defendant NO. 03-2132 CIVIL TERM TEMPORARY ORDER OF COURT AND NOW, this 28"' day of October, 2008, upon consideration of Defendant's Emergency Petition for Special Relief To Maintain Court Ordered Status Quo Pending Resolution of Modification Petition, and the Answer to Petition for Special Relief Emergency Temporary Custody, with respect to the parties' child, Kyle Andrew Bush (d.o.b. May 24, 1994), and following a hearing held on October 27, 2008, it is ordered and directed as follows: 1. It appearing to the court that a second temporary disruption of the child's school situation would not be in his best interest, Defendant's emergency petition is denied; 2. Nothing herein is intended to represent a ruling by the court as to the best interest of the child on a permanent basis, which has been placed at issue by Plaintiff's Petition To Modify Custody and which will be the subject of a custody conciliation conference scheduled for November 17, 2008; and 3. Nothing herein is intended to preclude Defendant from filing a petition for contempt in connection with Plaintiff's recent unilateral relocation of the child to Maryland. BY THE COURT, /J Wesley er Jr- J.. k :Z6 , > '-T7 14 EMMA DEBORAH HADLEY F/K/A IN THE COURT OF COMMON PLEAS OF DEBORAH HADLEY PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-2132 CIVIL ACTION LAW GERALD K. BUSH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, November 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, November 20, 2008 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator IV' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Wry" 7 0 1 _£ WJ 9-- A9N 80OZ EA ?O APR 13 2009 EMMA D. HADLEY A/K/A IN THE COURT OF COMMON PLEAS OF DEBORAH HADLEY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. 2003-2132 CIVIL ACTION LAW GERALD K. BUSH Defendant IN CUSTODY ORDER OF COURT AND NOW, this 4i day of 2009, upon consideration of the attached Custody Conciliation Repo ft, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. of the Cumberland County Courthouse on the lhk day of cyt ?? , 2009, at l,,30 o'clock 0J m. at which time testimony will be tAken. For purposes of the hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least seven (7) days prior to the hearing date. 2. Pending the hearing and further Order of Court or agreement of the parties, the parties shall have shared legal custody of Kyle Bush, born May 21, 1994. The Mother shall have primary physical custody of the Child and the Father shall have partial physical custody, including vacation custody, as arranged by agreement between the parties. cc: ohn F. King, Esquire - Counsel for Father Derek Cordier, Esquire - Counsel for Mother 11.4 BY THE COURT, -.,. w -? ? `' : ? ..y;? +? ? .? a^y ?. ? "ti ? r ? ? ;.'? ? ''* 7 ? ?a ° ti EMMA D. HADLEY A/K/A DEBORAH HADLEY Plaintiff vs. GERALD K. BUSH Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-2132 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 Kyle Bush May 21, 1994 Mother 2. A custody conciliation conference was held on November 20, 2008, with the following individuals in attendance: the Mother, Emma D. Hadley, with her counsel, Derek Cordier, Esquire, and the Father, Gerald K. Bush, with his counsel, John F. King, Esquire. 3. This Court entered an Order on November 18, 2005, under which the Father had primary physical custody of the Child. On October 28, 2008, the Court entered a temporary Order permitting the Child to stay with the Mother until a custody conciliation conference could be held on the Mother's Petition to Modify Custody and also indicated that nothing in the Order prevented the Father from filing a Petition for Contempt. Therefore, both the Mother's Petition to Modify and the Father's subsequently filed Petition for Contempt were the subjects of the conciliation conference on November 20, 2008. 4. Although the parties were able to reach an agreement as to the custody arrangements, at least through May 2009 at the November conference, they were not able to fully resolve the Father's Petition for Contempt. It was decided at the end of the conference that the conciliator would hold this matter without filing a Report and Order to enable the parties to further discuss the issues and work on finalizing a resolution. Subsequently, counsel for the parties notified the conciliator several times since the November conciliation conference that the parties were working on an agreement. The Father's counsel has now advised the conciliator that the parties have been unable to finalize an agreement and that the Father is requesting that a hearing be scheduled. 5. The Father's position on custody is as follows: The Father objected to the Mother retaining custody of the Child during a period of partial custody and enrolling him in a private school in the Washington D.C. suburbs without the Father's consent. The Father indicated that he incurred substantial legal fees in pursuing emergency relief and proceedings for contempt, for which he believes the Mother should be responsible. 6. The Mother's position on custody is as follows: The Mother believes that her actions in retaining custody of the Child were justified due to her safety concerns for the Child in the Father's household. 7. The conciliator recommends an Order in the form as attached scheduling a hearing on the custody and contempt issues. It is anticipated that the hearing will require at least one-half day. 7, C/ Date Dawn S. Sunday, Esquire Custody Conciliator Derek Cordier, Esquire, SC #83284 319 South Front Street, Harrisburg, PA 17104 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA EMMA DEBORAH HADLEY,. F/K/A DEBORAH HADLEY, Plaintiff vs. : No. 03-2132 : CIVIL ACTION -LAW GERALD K. BUSH, Defendant : IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S CONTEMPT PETITION WITH NEW MATTER AND COUNTERCLAIM SEEKING CUSTODY AND REIMBURSEMENT OF COUNSEL FEES, COSTS AND EXPENSES FOR PLAINTIFF'S FAILURE TO COMPLY WITH CUSTODY ORDER AND NOW, comes the Respondent/Petitioner, Emma Deborah Hadley f/k/a Deborah Hadley, hereinafter "Plaintiff," by and through her counsel Derek J. Cordier, Esquire, and files the following Answer with New Matter and Counterclaim to Petition for Contempt Seeking Custody of the Child, Reimbursement of Counsel Fees, Costs and Expenses for Petitioner/Respondent's Gerry Hadley, hereinafter "Defendant," failure to comply with Custody Order and in support thereof avers the following: ANSWER TO PETITION FOR CONTEMPT Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Neither admitted nor denied. 6. Admitted in part and denied in part. 7. Neither admitted nor denied. 8. Admitted in part and denied in part. Section A. Denied in that the Defendant refused to communicate with Plaintiff regarding the schooling of the Child as outlined in said paragraph one. Section B. Admitted as to the language, Denied as to the Plaintiff's violation. Section C. Denied, the Child made the decision to enroll in a new and better school after receiving Defendant's approval and it was the Defendant who caused a breakdown in communication between the parties by refusing to talk about the schooling issue after approving of the Child's decision to change schools. 9. Neither admitted nor denied. 10. Neither admitted nor denied. 11. Denied, Defendant caused a breakdown of communication between the parties and refused to look out for the best interest of the Child, therefore, it was necessary to pursue legal action. 11. Denied, Defendant by his own choice refused to communicate with the Plaintiff regarding the instant action and incurred said legal fees as a result of his actions. 12. Neither admitted nor denied. Defendant by his own choice refused to communicate with the Plaintiff regarding the instant action and incurred said legal fees as a result of his actions. 13. Neither admitted nor denied. 2 14. Admitted, however it is believed and averred that said language was not intended to be authority for the Defendant to pursue a contempt petition. 15. Admitted, "Defendant's emergency petition is denied." WHEREFORE, Plaintiff respectfully requests this court deny the relief requested by the Defendant and award Counsel Fees and Costs to the Plaintiff. NEW MATTER COUNTERCLAIM FOR CONTEMPT OF COURT 16. Paragraphs 1 through 15 above are incorporated as if fully set forth herein. 17. On or about June 17th, 2009, the Defendant arbitrarily and without Plaintiff's prior knowledge refused to return the Child to Plaintiff. 18. The Child was required to attend summer school and also intended to practice with the school baseball team. 19. The Child has not attended summer school or practice with the baseball team. 20. The Child has communicated that he wishes to return to Pennsylvania, however Mother is adamantly against such a move as it is clearly not in the Child's best interest to do so. 21. The Child sent a very disturbing letter to this Honorable Court, for which was completely full of fabrications. (See Exhibit A). 22. Plaintiff believes the Child is in need of counseling, which Plaintiff was pursuing near her home, but due to Defendant's actions it is unknown whether or not the Child is enrolled in counseling. 23. There is a current trial date set for Monday, August 3rd at 1:30. 24. Plaintiff, requests that the current issues be resolved at the Court Hearing on August 3, 2009. 3 25. Defendant ignored the Court's Order of October 28, 2008, by not returning the Child to the Plaintiff for required summer schooling. WHEREFORE, Plaintiff respectfully requests this court grant the relief requested by the Plaintiff and award her sole legal and physical custody of the Child, find the Defendant in contempt of court and therefore award Plaintiff counsel fees and costs of litigation for her legal pursuit to advocate for the best interest of the Child. Attorney for Plaintiff: Der Cordie , Esq. #83284 319 So ont Street Harrisburg, PA 17104-1621 (717) 919-4002 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Emma Deborah Hadle Date 4 Derek Cordier, Esquire, SC #83284 319 South Front Street, Harrisburg, PA 17104 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA EMMA DEBORAH HADLEY, F/K/A DEBORAH HADLEY, Plaintiff VS. GERALD K. BUSH, Defendant No. 03-2132 CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, the undersigned, herby certify that on this date, a true and correct copy of the Plaintiff's Answer With New Matter And Counterclaim To Petition For Contempt Seeking Reimbursement Of Counsel Fees, Costs And Expenses For Plaintiff's Failure To Comply With Custody Order was served upon the interested parties by way of facsimile and first class mail on July 8, 2009, to the following individuals: John F. King, Esquire 3 820 Market Street Camp Hill, PA 17011 Phone: (717) 236-8000 Fax: (717) 236080 Dated: July 9, 2009 By: C Derek J Attorne ID o. 83284 319 South Front Street Harrisburg, PA 17104-1621 (717) 919-4002 phone (717) 213-4984 facsimile 5 FILE'- ID F ?;F ,c jr- 1'JT 2GG9 JUL 10 Fsyi 3: Fj 7 cum ??? ; ' JUL 13 2009 ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA EMMA DEBORAH HADLEY, F/K/A DEBORAH HADLEY, No. 03-2132 Plaintiff VS. CIVIL ACTION -LAW GERALD K. BUSH, IN CUSTODY Defendant ORDER AND NOW, this t ay of July, upon consideration of the forgoing Answer and K New Matter/Counterclaim filed by the Plaintiff, it is HEREBY ORDERED and DECREED that the issues contained therein shall be heard at the Custody Modification/Contempt Hearing scheduled for Monday August 3rd, 2009, at 1:30 p.m. before this Court. BY THE COUR' Distribution: ,,-'John F. King, Esquire, 3820 Market Street, Camp Hill, PA 17011 1__1Serek J. Cordier, 319 South Front Street, Harrisburg, PA 17104 0_'o f CES rn?iLtLCL 6 "OV ( 1 Z JOHN F. KING LAW, P.C. John F. King, Esq. ID# 61919 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 (717) 258-4343/ FAX (717) 422-5526 'oi hnfkin 1? awp,amail.com EMMA DEBORAH HADLEY, f/k/a DEBORAH HADLEY, Plaintiff V. GERALD K. BUSH, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S REPLY TO NEW MATTER AND COUNTERCLAIM SEEKING CUSTODY AND REIMBURSEMENT OF COUNSEL FEES, COSTS AND EXPENSES FOR PLAINTIFF'S FAILURE TO COMPLY WITH CUSTODY ORDER AND NOW, comes the Defendant, Gerald K. Bush, by and through his legal counsel, John F. King, Esquire, and files the following Reply to Plaintiff's New Matter and Counterclaim and, in support thereof, avers the following: 1.-15. Paragraphs 1-15 of Defendant's Petition for Contempt are incorporated herein as if set forth at length. REPLY TO NEW MATTER/COUNTERCLAIM FOR CONTEMPT OF COURT 16. Paragraph 16 is an incorporation paragraph to which no reply is required. 17. It is denied that Defendant has arbitrarily, and without Plaintiff s prior knowledge, refused to return the child to Plaintiff. By way of further reply, it is averred that Defendant has received communication from Plaintiff by way of e-mail and text messaging in which Plaintiff indicated her knowledge of the child's wish to return to Pennsylvania and also her lack of any concern regarding the child's wishes. 18. It is denied that the child was required to attend summer school and also intended to practice with the school baseball team and proof, therefore, is demanded. By way of further reply, it is averred that Kyle, now 15 years old, has been practicing and playing baseball at his home here in Cumberland County, Pennsylvania, this summer, as he desires. 19. It is admitted that Kyle has not attended summer school nor practiced with the baseball team in Maryland, other than several baseball practices in early June 2009. 20. It is admitted that Kyle has communicated that he wishes to return to Pennsylvania. It is denied that Mother is adamantly against such a move and it is denied that such a move is clearly not in Kyle's best interest, and proof, therefore, is demanded. By way of further reply, it is averred that Mother has communicated her lack of concern regarding where Kyle attends school in the fall. 21. The Father is without sufficient information regarding the child having sent a letter to this Honorable Court and proof thereof is, therefore, demanded. By way of further reply, counsel for Mother has failed to attach the letter, which is identified as Exhibit A of Mother's New Matter/Counterclaim, to the copy of her pleading forwarded to Father's legal counsel. 22. Father is without sufficient information to determine the truth or falsity of Mother's allegations regarding her beliefs and her pursuit of counseling near her home, and proof thereof is therefor demanded. By way of further reply, it is denied that the child is in any need of counseling. 23. It is admitted that there is a current trial date set for Monday, August 3, 2009, at 1:30 PM. 24. It is admitted that the Plaintiff has requested that the current issue be resolved at the Court hearing. By way of further reply, it is averred that this Honorable Court has so ordered. 25. It is specifically denied that Defendant/Father has ignored the Court Order of October 28, 2008, by not returning the child to the Plaintiff. By way of further reply, it is averred that this Honorable Court's Order of October 28, 2008, does not in any way prevent the child from remaining in his Father's home for the summer, nor does the underlying Custody Order (which granted Father primary physical custody of the child). WHEREFORE, Defendant/Father respectfully requests this Court to deny the relief requested by Plaintiff in her New Matter/Counterclaim and further respectfully requests that this Honorable Court grant the relief sought by Defendant/Father in his Petition for Contempt, seeking reimbursement of counsel fees, costs and expenses for Plaintiff's Mother's failure to comply with this Honorable Court's Custody Order dated November 18, 2005. Dated: July 23, 2009 Respectfully submitted: JOHN F. KING LAW, P.C. By: ohn F. King, Esq. ID#61919 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 (717) 258-4343 / FAX (717) 422-5526 iohnfkin law a,gmail.com Attorney for Defendant/Father VERIFICATION I, Gerald K. Bush, hereby acknowledge that I am the Defendant in the foregoing action; that I have read the foregoing Reply to New Matter/Counterclaim; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. er d K. Bush Dated: July , 2009 CERTIFICATE OF SERVICE I hereby certify that I am this?_ day of July, 2009, serving the foregoing reply to new matter/counterlaim upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows Derek Cordier, Esq. 319 S. Front Street Harrisburg, PA 17104 Sharry Semans OF THE- PRO 20,39 JUL 23 Pi, 12: '. 8 1 ENY?.?;;JY ;ail r1 ?tb,. . . EMMA DEBORAH HADLEY, f/k/a DEBORAH HADLEY, Plaintiff VS GERALD K. BUSH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2132 CIVIL TERM CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of August, 2009, upon consideration of the Mother's Petition to Modify filed on October 14, 2008, the Father's Petition For Contempt filed on November 4, 2008, and the Mother's Answer to Contempt Petition With Counterclaim For Contempt filed on July 10th, 2009, and pursuant to an agreement reached between the parties in open court through the assistance of their respective counsel, Derek Cordier, Esquire, on behalf of the Mother and John F. King, Esquire, on behalf of the Father, it is ordered and directed as follows: The parties will enjoy shared legal custody as defined by the various statutes and policies of the Commonwealth of Pennsylvania. Primary physical custody will be with Father. The Child shall be enrolled at East Pennsboro High School. Mother shall enjoy partial physical custody for purposes of visitation every other weekend except if the child has a prescheduled event. Then mother will enjoy the next available weekend. Each parent shall be given at least 48 hours notice if there is any sort of a problem that is foreseen for the next visitation period. The Child will be seen by a counsellor. The first appointment being scheduled for August 4th, 2009, and the Child will undergo a counselling regimen as advised or directed by the counsellor. In the summers, Mother shall have primary physical custody of the child except during baseball season. Then Father will have from Thursday through Sunday and Mother shall have the rest of the week. Summer is defined as the first day after the end of school until the beginning of the fall sports schedule or the beginning of school, whichever occurs first. Each party shall enjoy two weeks nonconsecutive of uninterrupted time with the Child for purposes of vacation travel, and the party who wishes to exercise such visitation must give the other party 60 day's notice of the date in which they want to commence their week. The holidays will be alternated. And in particular, the Thanksgiving and Christmas breaks from school will be divided to allow for each party to have a portion of that break, and the portions will be alternated year to year. Mother shall always enjoy physical custody of the child during that period of time in which the child is not in school over the Easter holiday. Derek Cordier, Esquire 319 South Front Street Harrisburg, PA 17104 .XJohn F. King, Esquire 19 South Hanover Street Suite 103 Carlisle, PA 17013 :mlc 1:h7 tha rl111Yt' Fii Ea-k:; H; CI Q T.H P;" a a ?t I'i 2009 AUG -4 All 11: 19 : ?,?j Cupoi EMMA DEBORAH HADLEY, f/k/a IN THE COURT OF COMMON PLEAS OF DEBORAH HADLEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-2132 CIVIL TERM VS CIVIL ACTION - LAW GERALD K. BUSH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 27th day of October, 2009, the Order of Court dated August 3rd, 2009, is hereby amended to reflect that both parties are deemed to have withdrawn their requests for findings of contempt. In all other respects, the previous order shall remain in full force and effect. By the Court, / . Wesley r, Jr.,' J. Derek Cordier, Esquire 319 South Front Street Harrisburg, PA 17104 ,"John F. King, Esquire 19 South Hanover Street Suite 103 Carlisle, PA 17013 :mlc copy F-9 enat, ?o?a.g?oq OF THE P O"P IONIOTARY 2009 OCT 28 PM 2= 2 7 AUG 2 7 2010 { EMMA DEBORAH HADLEY, f,k,;'a DEBORAH HADLEY. Plaintiff. v. IN THl_J COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNYSLVANIA NO. 03-2132 CIVIL, TERM GERALD K. BUSH, CIVIL ACTION LAW Defendant. IN CUSTODY ORDER AND NOW, this 7 day of 2010, upon stipulation of the parties, it is hereby ORDERED and DECREED that the terms, conditions and provisions of the attached Stipulation for Custody entered into by the parties on August 23, 2010, and executed by the parties and their counsel, be adopted as an Order of Court. DISTRIBUTION: /hn F. King, Esq., 4076 Market Street, Camp Hill, PA 17011 /erek J. Cordier, Esq.. 319 S. Front Street, Harrisburg, PA 17104 4 L l rn t _ r n ! sy i I a .. rn FILED!-Os F1 , ! L P OTHCNOTARY Derek Cordier, Esquire, SC #83284 319 South Front Street, Harrisburg, PA 17104 (717) 919-4002 211 i rAFRI 13 AM 13' 4 3 C,UMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA EMMA D. HADLEY Plaintiff VS. GERALD K. BUSH, Defendant Custody Docket No. 03-2132 Support Docket No. 00768-S-1999 CIVIL ACTION IN CUSTODY and SUPPORT PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW, this 12`" day of April, 2011, comes Derek J. Cordier, Esquire, Counsel for the Plaintiff, Emma Hadley, and files the following Motion for Leave to Withdraw as Counsel under the Custody Docket and the Support Docket numbers stated above, and in support thereof avers the following: 1. Petitioner, Derek J. Cordier, Esquire is presently counsel of record for the Plaintiff, Emma Hadley. 2. Respondent has failed to make any payments on her account in, at least, the past seven (7) months resulting in the breakdown of the attorney client relationship. 3. Petitioner avers that Respondent will not be prejudiced by Petitioner's withdrawal, as there are presently no scheduled hearings, conferences or court dates. 4. Petitioner's withdrawal as counsel for Respondent will not have any material adverse affect on Respondent's interest pursuant to Pennsylvania Rule of Professional Conduct 1.16. 5. Respondent and the Defendant were sent a copy of this Petition and Rule on April 11, 2011. WHEREFORE, Petitioner respectfully requests that this Honorable Court permit Derek J. Cordier, Esquire to withdraw as counsel for the Respondent, Emma Deborah Hadley under both the Custody Docket and the Support Docket. Respectfully submitted, Dere Cordie , Esquire SC #83284 319 outh F nt Street A 17104 (717) 919-4002 Derek Cordier, Esquire, SC #83284 319 South Front Street, Harrisburg, PA 17104 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA EMMA D. HADLEY Custody Docket No. 03-2132 Plaintiff Support Docket No. 00768-S-1999 VS. CIVIL ACTION GERALD K. BUSH, IN CUSTODY and SUPPORT Defendant CERTIFICATE OF SERVICE I, Derek J. Cordier, Esquire, hereby certifies that a true and correct copy of the forgoing Petition was sent by U.S. Mail first class to the following on April 12, 2011: Emma Devorah Hadley 9609 Wellington Street Lanham, MD 20706 John F. King, Esquire 3820 Market Street Camp Hill, PA 17011 Respectfully submitted, Dere Cordier, squire SC #83284 Date: VJOw 319 outh F t Street Harrisburg-, PA 17104 (717) 919-4002 FILED - OFFICE OF THE PRDTHI)NOTA "( 2011 APR 15 PM 2: 26 CUMBERLAND COUNTY PENNSYLVANIA Derek Cordier, Esquire, SC #83284 319 South Front Street, Harrisburg, PA 17104 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA EMMA D. HADLEY Custody Docket No. 03-2132 Plaintiff Support Docket No. 00768-5-1999 VS. CIVIL ACTION GERALD K. BUSH, IN CUSTODY and SUPPORT Defendant RULE TO SHOW CAUSE AND NOW, this _ day of , 2011, a Rule is hereby issued upon all parties to show cause why the attached Petition for Leave to Withdraw under the Support Docket and the Custody Docket, as counsel should not be granted. RULE RETURNABLE I L-1 DAYS FROM SERVICE. By the Court: Distribution: ? Counsel for Defendant, John F. King, Esquire, 3820 Market Street, Camp Hill, PA 17011 Emma D. Hadley, 9609 Wellington Street, Lanham, MD 20706 Derek J. Cordier, Esquire, 319 South Front Street, Harrisburg, PA 17104 ?,;? M pn Es #- - Derek Cordier, Esquire, SC #83284 319 South Front Street, Harrisburg, PA 17104 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA EMMA DEBORAH HADLEY, F/K/A DEBORAH HADLEY, Plaintiff vs. Custody Docket No. 03-2132 Support Docket No. 00768-S-1999 GERALD K. BUSH, Defendant CIVIL ACTION : IN CUSTODY and SUPPORT ORDER AND NOW, this day of y , 2011, based on the Petition for Leave to Withdraw as counsel, the Rule to Show Cause, and lack of Answer to the Rule to Show Cause, IT IS HEREBY ORDERED AND DECREED that leave to withdraw from representation, is hereby granted and Derek J. Cordier, Esquire, is hereby withdrawn as counsel in the above captioned matters. By the Court; Distribution: Counsel for Defendant, ohn F. King, Esquire, 3820 Market Street Camp Hill PA 17011 Emma D. Hadley, 9609 Wellington Street, Lanham, MD, 20706 ? Derek J. Cordier, Esquire, 319 South Front Street, Harrisburg, PA 17104 IG?? Mas 00