HomeMy WebLinkAbout07-5655LAW OFFICES OF DILS & DILS
DIANE M. DILS, ESQUIRE
Attorney I.D. No. 71873
1400 North Second Street, First Floor, Front
Harrisburg, PA 17102
Telephone No. (717) 232-9724
Attorney for Plaintiff, Angela Zimmerman
ANGELA ZIMMERMAN
Plaintiff
vs
KEITH BUSHEY
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
IN CUSTODY
COMPLAINT FOR PRIMARY PHYSICAL CUSTODY
AND NOW this 26th day of September, 2007, comes Angela
Zimmerman, by her Attorney, Diane M. Dils, Esquire, and respectfully avers the
following:
1. The Plaintiff is Angela Zimmerman, an adult individual whose current
residence is being withheld at this time; however, the same will be
divulged to Defendant's counsel and the Court.
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2. The Defendant, Keith Bushey is an adult individual currently residing at
211 Bishop Road, Mechanicsburg, Cumberland County, Pennsylvania
17055.
3. Plaintiff and Defendant were never married; however, they are the natural
parents of one child; namely: Kenneth Cole Bushey, born June 8, 2004 in
Harrisburg, Pennsylvania.
4. Plaintiff and Defendant have resided together at Plaintiff's residence
since the birth of the child and prior to the birth of the child. The minor
child has resided at Defendant's residence until Wednesday, September
26, 2007.
5. The minor child has medical conditions which require nurses to be with
minor child in the home during the work hours of the Plaintiff and
throughout the evening hours into the morning. The minor child is
ventilator dependant.
6. Plaintiff and Defendant have been having difficulty with their
relationship and on Sunday, September 23, 2007, the Defendant pushed
the Plaintiff, causing black and blue marks on her arm and legs.
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7. On Monday, September 24, 2007, the Defendant told the Plaintiff she had
until Wednesday, September 26, 2007 in which to leave his residence at
211 Bishop Road, Mechanicsburg, Pennsylvania, and to take her
"handicapped son" with her.
8. The Plaintiff has vacated the home as of this date with her minor child.
9. The Plaintiff believes that the best interest of her son, Kenneth Cole
Bushey, will be served by granting her primary physical custody with
partial custody in the Defendant, Keith Bushey, with the requirement that
nurses be available throughout his partial custodial rights and be
permitted to be in the home with the minor child.
10. The Plaintiff has not participated as a party or witness in any capacity in
other litigation concerning the custody of the minor child in this or any
other Court.
11. The Plaintiff has no information of the custody proceedings concerning
the child pending in a Court of this Commonwealth or any other state.
12. The Plaintiff does not know of a person nor 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.
3
13. The minor child has resided in the Commonwealth of Pennsylvania,
County of Cumberland, since his birth.
WHEREFORE, the Plaintiff, Angela Zimmerman, by her Attorney, Diane M.
Dils, Esquire, respectfully prays your Honorable Court to grant her primary
physical custody of her son, Kenneth Cole Bushey, with partial custodial rights in
the Defendant, Keith Bushey, and a requirement that nurses accompany the child
during the partial custodial periods.
Respectfully submitted,
BY:
biane M. Dils, Esquire
1400 North Second Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
Date:
4
VERIFICATION
that the statements made in this Complaint for Primary physical
I Verify custody
rstand that false statements herein are made
and correct. I uncle
are true
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: September 26, 2007
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ANGELA ZIMMERMAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2007-5655 CIVIL ACTION LAW
KEITH BUSHEY
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, October 02, 2007 , 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 Wednesday, October 31, 2007 _ at 10_30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be 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/ Dawn S. Sunda Es o.
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
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ANGELA ZIMMERMAN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 07-5655 CIVIL ACTION LAW
KEITH BUSHEY
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this qg day of N aye-b? , 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Mother, Angela Zimmerman, and the Father, Keith Bushey, shall have shared legal
custody of Kenneth Cole Bushey, born June 8, 2004. Major decisions concerning the Child including,
but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be
made jointly by the parties after discussion and consultation with a view toward obtaining and
following a harmonious policy in the Child's best interest. Neither party shall impair the other party's
rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the
Child from the other parry. Each party shall notify the other of any activity or circumstance
concerning the Child that could reasonably be expected to be of concern to the other. Day to day
decisions shall be the responsibility of the parent then having physical custody. With regard to any
emergency decisions which must be made, the parent having physical custody of the Child at the time
of the emergency shall be permitted to make any immediate decisions necessitated thereby. However,
that parent shall inform the other of the emergency and consult with him or her as soon as possible. In
accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from
any doctor, dentist, teacher, professional or authority and to have copies of any reports or information
given to either party as a parent as authorized by statute.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on alternating weekends,
beginning November 16, 2007 from Friday at 4:00 p.m. through Monday at 6:00 a.m., every week on
Tuesdays and Thursdays from 4:00 p.m. until 8:00 p.m., and such other times as arranged by
agreement between the parties.
4. The parties shall share having custody of the Child on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run
from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall
run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years,
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the Father shall have custody of the Child during Segment A and the Mother shall have custody during
Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and
the Father shall have custody during Segment B.
B. Thanksgiving: In 2007, the Father shall have custody of the Child for Thanksgiving
from Wednesday at 4:00 p.m. through Friday at 4:00 p.m. The parties shall have custody of the Child
over the Thanksgiving holiday in future years as arranged by agreement.
C. Remaining Holidays: The parties shall make arrangements to share or alternate
having custody of the Child on the remaining holidays as arranged by agreement.
D. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
5. Each parent shall be entitled to have extended periods of vacation time with the Child each
year as arranged by agreement.
6. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
7. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
cc:
7 /iiane M. Dils, Esquire - Counsel for Mother
chard Wagner, Esquire - Counsel for Father
V
ANGELA ZIMMERMAN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 07-5655 CIVIL ACTION LAW
KEITH BUSHEY
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 CUSTODY OF
Kenneth Cole Bushey June 8, 2004 Mother
2. A custody conciliation conference was held on November 6, 2007, with the following
individuals in attendance: the Mother, Angela Zimmerman, with her counsel, Diane M. Dils, Esquire,
and the Father, Keith Bushey, with his counsel, P. Richard Wagner, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
ANGELA ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
KEITH BUSHEY, NO. 07 - 5655
Defendant
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
AND NOW, comes the Petitioner, Keith Bushey, by and through his attorneys,
Turo Law Offices, who respectfully represents as follows:
1. Petitioner is Keith Bushey, an adult individual who currently resides at 211
Bishop Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Respondent is Angela Zimmerman, an adult individual who currently
resides at 409 South Walnut Street, Mechanicsburg, Cumberland County, Pennsylvania
17055.
3. Petitioner is the natural father and Respondent is the natural mother of
one child, Kenneth Cole Bushey, born June 8, 2004.
4. Petitioner seeks modification of the Order of Court issued on November 9,
2007, by the Honorable J. Wesley Oler, Jr. (A true and correct copy of the November 9,
2007 Order is attached as Exhibit 1.)
5. Petitioner seeks modification of said Order primarily to make official the
current status quo, a custodial situation which is in the child's best interest.
6. The child has lived with the following parties and at the following
addresses:
Keith Bushey and Father & Mother Birth to Sept. 2007
Angela Zimmerman
211 Bishop Road
Mechanicsburg, PA 17055
Keith Bushey Father
211 Bishop Road
Mechanicsburg, PA 17055
Angela Zimmerman Mother
409 South Walnut Street
Birth to Present
Sept. 2007 to Present
Mechanicsburg, PA 17055
7. The parties have mutually agreed to and practiced a custody scenario on
different terms than those in the Order, almost from the inception of the court-ordered
custodial period.
8. In addition to Petitioner's court-ordered custodial periods, Petitioner
maintains custody of the child from 4:00 p.m. on Tuesdays until 6:00 a.m. on
Wednesdays, and from 4:00 p.m. on Thursdays until 6:00 a.m. on Fridays.
9. This arrangement has proved advantageous and rewarding for all parties,
and the child has flourished both physically and mentally with the time he spends in
Petitioner's custody.
10. Respondent has also requested that Petitioner assume custody of the
child during holidays.
11. The best interest and permanent welfare of the child will be best served by
granting the relief requested because the Petitioner is the primary caregiver with respect
to the child.
WHEREFORE, Petitioner requests your Honorable Court to schedule a
conciliation conference and subsequently grant Petitioner's request for modification of
the November 9, 2007 Custody Stipulation/Order and grant Petitioner an increased
amount of physical custody.
Respectfully Submitted,
TURO LAVA( OFFICES
osl,01/a. Y
Date Lo*PA der, Esq.
28 et
Ca, 3
717-245-9688
Attorney for Petitioner
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Petition to Modify
Custody upon Angela Zimmerman, by certified mail, return receipt requested, postage
pre-paid, and by depositing the same in the United States Mail, first class, postage pre-
f1k
paid, on the day of May, 2008, from Carlisle, Pennsylvania, addressed as
follows:
Angela Zimmerman
409 South Walnut Street
Mechanicsburg, PA 17240
W OFFICES
Lorin nyder, Esquire
S e ourt I.D. No. 203199
28-South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Petitioner
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Petition to Modify
Custody upon Angela Zimmerman, by certified mail, return receipt requested, postage
pre-paid, and !?! s iting the same in the United States Mail, first class, postage pre-
paid, on theday of May, 2008, from Carlisle, Pennsylvania, addressed as
follows:
Angela Zimmerman
409 South Walnut Street
Mechanicsburg, PA 17055
LA
Lori drew _, der, Esquire
ourt I.D. No. 203199
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Petitioner
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VERIFICATION
I, Keith Bushey, verify that the statements contained in the Petition to Modify
Custody are true and correct, to the best of my knowledge and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating
to unsworn falsification to authorities.
Date K
ANGELA ZIMMERMAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KEITH BUSHEY
DEFENDANT
2007-5655 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, May 14, 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 Tuesday, June 10, 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
IVIIV d`r IAS-NIN3d
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ANGELA ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
KEITH BUSHEY, NO. 07 - 5655
Defendant
IN CUSTODY
CUSTODY STIPULATION/ORDER
AND NOW, this day of U Me , 2008, it is hereby
stipulated and agreed between the parties as follows:
1. All previously existing custody orders are hereby vacated.
2. Kenneth Cole Bushey (hereinafter the "Child"), born June 8, 2004, is the
natural child of Keith Bushey (hereinafter the "Father") and Angela Zimmerman
(hereinafter the "Mother").
3. Shared legal custody of the child as contemplated by the Act of October
30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both of the parties, as the natural
parents. Major decisions concerning the Child, including, but not necessarily limited to,
the Child's health, welfare, education, religious training and upbringing shall be made by
them jointly, after discussion and consultation with each other, with a view toward
obtaining and following a harmonious policy in the Child's best interest. Each parent
shall not impair the other party's rights to shared legal custody of the child. Each parent
shall not alienate the affections for the Child from the other party. Each parent shall
notify the other of any activity or circumstance concerning the Child that could
reasonably be expected to be of concern to the parent then having physical custody.
With regard to any emergency decisions that must be made, the party having physical
custody of the Child at the time of the emergency shall be permitted to make any
immediate decisions necessitated thereby. However, that parent shall inform the other
of the emergency and consult with him or her as soon as thereafter possible. Each
parent shall be entitled to complete and full information from any doctor, dentist,
teacher, professional or authority and to have copies of any reports given to either party
as a guardian or custodian.
4. Primary physical custody of the Child shall be in the Mother subject to the
following periods of partial physical custody with the Father:
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a. The Father shall have custody of the Child every Tuesday, from
4:00 p.m. Tuesday until 6:30 a.m. Wednesday.
b. The Father shall have custody of the Child every Thursday, from
4:00 p.m. Thursday until 6:30 a.m. Friday.
b. The Father shall have custody of the Child every other weekend
from 4:00 p.m. Friday until 6:30 a.m. Monday.
5. Custody of the Child shall alternate and rotate for the following holidays,
from 4:00 p.m. on the eve of the holiday until 1:00 p.m. on the day of the holiday:
a. The Father shall have custody of the Child on Easter in even-
numbered years.
b. The Mother shall have custody of the Child on Easter in odd-
numbered years.
C. The Father shall have custody pf the Child on Memorial Day in odd-
numbered years.
d. The Mother shall have custody of the Child on Memorial Day in
even-numbered years.
e. The Father shall have custody of the Child on the Fourth of July in
even-numbered years.
f. The Mother shall have custody of the Child on the Fourth of July in
odd-numbered years.
e. The Father shall have custody of the Child on Labor Day in odd-
numbered years.
f. The Mother shall have custody of the Child on Labor Day in even-
numbered years.
g. The Father shall have custody of the Child on Thanksgiving in
even-numbered years.
h. The Mother shall have custody of the Child on Thanksgiving in odd-
numbered years.
i. The Father shall have custody of the Child on Christmas in odd-
numbered years.
j. The Mother shall have custody of the Child on Christmas in even-
numbered years.
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k. The Father shall have custody of the Child on New Year's Eve in
even-numbered years.
The Mother shall have custody of the Child on New Year's Eve in
odd-numbered years.
6. The Father shall have custody of the Child for all holidays other than those
listed in Paragraph 5, unless custody is requested by the Mother and agreed to by the
Father.
7. The Father shall have custody of the Child on Father's Day and the
Mother shall have custody of the Child on Mother's Day.
8. Custody shall alternate for the Child's birthday as follows:
a. The Father shall have custody on the Child's birthday in even-
numbered years.
b. The Mother shall have custody on the Child's birthday in odd-
numbered years.
9. The Father shall have custody for one week of uninterrupted vacation with
the Child over the summer, said week to be agreed to by the Mother.
10. The Mother shall have custody for one week of uninterrupted vacation with
the Child over the summer, said week to be agreed to by the Father.
11. While in the presence of the Child, no party shall make or permit to
be made by any person, any remarks or actions which could in any way be construed
as derogatory or uncomplimentary to the other parent, or in any way injure the opinion
of the Child as to the other parent, or in any way estrange the Child from the other
parent. It shall be the responsibility of each party to uphold the other parent as one to
whom the Child owes love and respect.
12. Both parents shall have liberal and reasonable telephone contact with the
Child when the Child is in the custody of the other parent.
13. The custodial parent shall provide to the non-custodial parent, in a timely
fashion, any and all information regarding the Child's educational progress, religious
training, mental health, physical health, welfare and social events, including copies of
the Child's report card and other reasonable papers affecting the child's education,
medical condition, or welfare.
14. The exchange of custody shall occur at either the Father's home or the
Mother's home, as agreed upon by the parties.
15. The provisions in this Order shall be strictly adhered to unless otherwise
agreed upon by the parties herein. The parties are free to modify the terms of this
Order but, in order to do so, the Court makes it clear that both parties must be in
complete agreement to any new terms. In other words, both parties must consent on
what shall be the new terms of the custody arrangement or visitation schedule.
16. In the event either party wishes to modify this Stipulation/Order, they may
petition to have the case scheduled with the Court.
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AM 132008
ANGELA ZIMMERMAN
Plaintiff
VS.
KEITH BUSHEY
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2007-5655 CIVIL ACTION LAW
IN CUSTODY
ORDER
AND NOW, this loth day of June, 2008, the conciliator, being advised by petitioner's
counsel that all custody issues have been resolved by agreement between the parties, hereby
relinquishes jurisdiction. The custody conciliation conference scheduled for June 12, 2008, is
cancelled.
FOR THE COURT,
Dawn S. Sunday, Esquire
Custody Conciliator
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06, Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
ANGELA ZIMMERMAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
KEITH BUSHEY, : NO. 07-5655
Defendant : IN CUSTODY
NOTICE OF SUBSTITUTION OF COUNSEL
TO: CLERK
Kindly substitute the appearance of Sheri D. Coover, Esquire, fbr that of Diane
Dils, Esquire, ou b.ehalf of the plaintiff ANGELA ZIMMERMAN in the above-
captioned matter.
Respectfully submitted,
Attorney ID 71873
1400 North Second Street, 1st Floor Front
Harrisburg, PA 17102
Coover, Esquire
ID 93285
Respectfully submitted,
44 S. Hanover St.
Carlisle, PA 17013
r -1 b
Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
ANGELA ZIMMERMAN,
Plaintiff
V.
KEITH BUSHEY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
: NO. 07-5655
: IN CUSTODY
CERTIFICATE OF SERVICE
1, Sheri D. Coover, Esquire hereby certifies that on this3A day of luv& ,
2009, I caused the foregoing NOTICE OF SUBSTITUTION OF ATTORNEY to be
served upon defendant's counsel by United States first class mail addressed as
follows:
Lorin Andrew Snyder
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover St.
Carlisle, PA 17013
*, 44
OF THE
2009 JUN -3 Fil 2' ,, t
CUhV h< v
._ Jive r
Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
ANGELA ZIMMERMAN,
Petitioner
V.
KEITH BUSHEY,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO 5655
PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF !CUSTODY
ORDER
AND NOW, comes Petitioner Angela Zimmerman, by and through her attorney,
Sheri D. Coover, Esquire and files this Petition for Contempt of the June 6, 2008 Custody
Order and in support thereof avers as follows:
1. On June 6, 2008, Judge Oler entered an Order awarding Petition custody
of the minor child Kenneth Cole Bushey, bom June 8, 2004 to the Petitioner. A true and
correct copy of the order is attached to this petition.
2. The Order granted periods of partial physical custody of the child to
Respondent father every Tuesday from 4:00 p.m. until 6:30 a.m. on Wednesday.
3. The June 6, 2008 Order also directed that the parties are to have shared
legal custody of the minor child.
4. On Tuesday, April 28, 2009, Respondent Bushey exercised his period of
visitation with the child.
5. Petitioner had made arrangements that the child was to be retrieved at the
end of Respondent's period of custody by a nurse and taken to his daycare on the
morning of Wednesday, April 29, 2009.
6. Defendant Bushey called the nurse and told her that she could have the
day off and kept the child in his care on Wednesday, April 29, 2009 without telling the
Petitioner although it was her period of custody and his custodial period had ended on
Wednesday at 6:30 a.m.
7. Petitioner Zimmerman did not learn that Respondent Bushey had kept the
child in his care and that the child had not gone to daycare as she had arranged until she
called the nurse to check on the child and was told that he was not at daycare.
8. Petitioner was not agreeable to a modification of the custody order on that
date and was not even aware that Defendant Bushey intended to modify the custody
order.
9. Respondent Bushey took the child to the doctor on Wednesday, April 29,
2009 for the doctor to check out some bruising on the child's legs which the doctor
determined to be consistent with normal child bruising.
10. Although Petitioner had shared legal custody of the child, Respondent
Bushey did not tell the Petitioner that he had arranged a doctor appointment for the child
and did not afford her an opportunity to attend the doctor appointment.
11. Respondent Bushey has also failed to share information about the child's
daycare and extracurricular activities with the Petitioner. Respondent Bushey
intentionally withheld information from the Petitioner about a conference at the day-care
to discuss the child's progress.
12. Upon information and belief, Respondent Bushey attended the conference
knowing that the Petitioner did not have knowledge that the conference was taking place.
13. After the conference the Respondent failed to give her any information
about what transpired or what was discussed at the conference.
14. The custody order states that "While in the presence of the Child, no party
shall make or permit to be made by any person, any remarks or actions which could in
any way be construed as derogatory or uncomplimentary to the other parent, or in any
way injure the opinion of the Child as to the other parent, or in any way estrange the
Child from the other parent. It shall be the responsibility of each party to uphold the
other parent as one to whom the Child owes love and respect."
15. The Respondent Bushey has engaged in making derogatory statements
about the Petitioner with the child present and has often made comments about her lack
of parenting skills and demands that the Petitioner relinquish full custody of the child to
him.
16. After returning from visits with the Respondent, the child makes
statements to the Petitioner that she does not love him which, upon information and
belief, the Petitioner believes are being told to the child by the Respondent.
17. The child also makes derogatory statements about the Petitioner's mother
and other family members upon returning from visits with the Respondent.
18. The actions by the Respondent are willful and intentional and are in
breach of the Order of Court dated June 6, 2008.
19. On or around September 7, 2009 (Labor Day), when Respondent dropped
the child off with Petitioner at the end of his period of physical custody he asked
Petitioner with whom the child was going to stay when she was at work that evening.
Petitioner responded that the child was going to be staying with a caregiver of her
choosing.
20. Respondent verbally assaulted the Petitioner in front of the child and told
her that he was the child's father and that the child belonged with him and not with a
caregiver.
21. While the Petitioner was at work that evening, at the Respondent's
direction the caregiver dropped the child off with the Respondent without any notification
to the Petitioner, despite the fact that it was the Petitioner's period of physical custody.
22. Respondent did not notify the Petitioner nor attempt to seek her approval
prior to taking custody of the child.
23. Petitioner learned of the Respondent picking the child up during her
period of custody from the caregiver and not from the Respondent.
24. When Petitioner confronted the Respondent about it, Respondent told her
that he was the child's father and that the child belonged with him.
25. Respondent has engaged in a pattern of degrading the Plaintiff and using
derogatory about her, sometimes in front of the child, in violation of the current Court
Order.
26. Through his actions, Respondent has displayed that he has no respect for
either the Petitioner or the Court Order that was approved by this Court.
27. The Respondent's actions clearly demonstrate that he is not acting in the
best interest of the minor child.
28. The Honorable Judge Oler is assigned to this case.
WHEREFORE, for the foregoing reasons, Petitioner requests that Respondent be
held in contempt of Court and that appropriate sanctions be imposed upon Respondent
for this contempt as follows:
a. Respondent be found to be in contempt of this Court's Order regarding
custody;
b. Respondent be ordered to strictly comply with the Order of Court dated
June 6, 2008 as well as any further Order of Court;
C. Petitioner be awarded additionally custody time to compensate for the
wrongful deprivation of custodial time;
d. Respondent be assessed a $500 penalty for contempt of the Court's
Custody Order pursuant to 23 Pa.C.S. § 4346;
e. Other relief as the Court deems just and appropriate.
submitted,
Sh D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
ANGELA ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
KEITH BUSHEY, NO 57-5655
Defendant
VERIFICATION
I, Angela Zimmerman, hereby verify and confirm that the foregoing statements
contained in the Petition for Civil Contempt for Disobedience of Custody Order are true
and correct to the best of my knowledge, information and belief. I understand that I may
be subject to civil and criminal penalties under Pennsylvania state and federal law for any
false statements contained therein.
DATE: 12 OC_ Av6E-v- 2aO ei
ANGELA ZIM MERMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
KEITH BUSHEY, NO 57-5655
Defendant
CERTIFICATE OF SERVICE
1, Sheri D. Coover, Esquire hereby certify that on this arV(.day of
ONe.cnb r > 2009, I caused the foregoing PETITION FOR CIVIL CONTEMPT to
be served upon Respondent's counsel identified below by United States First Class mail
addressed as follows:
Lorin Andrew Snyder
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
submitted,
Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
ff
y M
JUN 0 67.008
ANGELA 23MMERMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
KEITH BUSHEY, NO. 07 - 5655
Defendant
IN CUSTODY
AND NOW, this day of TU P1 L` , 2008, 4 is hereby
stipulated and agreed between the parties as follows:
1. AN Previously exsting custody orders are hereby vacated.
2. Kenneth Cole Bushey (hereinafter the "Chkr), bom June 8, 2004, is the
natural gild of Keith Bushey (hereinafter the `Fat erj and Angela Zirxmerman
(hereinafter the 9MoUvwl.
3. Shared legal custody of the child as contemplated by the Act of October
30, 1985, P.L. 264, 23 P.S. §5301, at seq., will be in both of the parties, as the natural
parents. Mayor decisions concerning the Child, including, but not necessarily limited to,
the Child's health, welfare, education, religious training and upbringing shall be mods by
them jointly, after discussion and consultation with each otter, with a view toward
obtaining and foNowing a harmonious policy in the Child's best k terest. Each parent
shall not impair the other party's rights to shared legal custody of the ddd. Each parent
shall not alienate the affections for the Child from the other party. Each parent shell
nobly the other of any adfirity or circumstance concemnng the Child that could
reasonably be expected to be of concern to the parent then having physical custody.
With regard to any emergency decisions that must be made, the party having physical
custody of the Child. at the time of the emergency shall be permitted to make any
immediate decisions necessitated thereby. However, that parent shah inform the other
of the emergency and consult with him or her as soon as thereafter possible. Each
parent shall be entitled to complete and full information from any doctor, dentist,
teacher, proftesional or authority and to have copies of any reports ghon to either party
as a guardian or custodian.
4. Primary physical aft* of the Child shall be in the Mother subject to the
following periods of partial physical custody with the Father.
w
a. The Father shall have custody, of the Child every Tuesday, from
4:00 p.m. Tuesday until 6:30 a.m. Wednesday.
b. The Father shall have Custody of the Child every Thursday, from
4:00 p.m. Thursday until 6:30 a.m. Friday.
b. The Father shall have custody of the Child emery other vMeekend
from 4:00 p.m. Friday until 6:30 a.m. Monday.
5. Custody of the Child shall altemate and rotate for the fo m ft holidays,
from 4:00 p.m. on the eve of the holiday until t:00 p.m. on the day of the hooday:
a. The Father shall have custody of the Child on Easter in even-
numbered years.
b. The Mother shall have Custody of the Chid on Easter in odd-
numbered years.
C. The Father shall have custody pf #w Child on Memorial Day in odd-
rMNT*N" d years.
d. The Mother shall have custody of the Child on Memorial Day in
ever}-numbered years.
e. The Father shall have asfody of the Child on the Fourth of July in
even-numbered years.
f. The Mother shall have a Body of the Chid on the Fourth of July in
odd-numbered years.
e. The Father shall have custody of the Child on labor Day in odd-
numbered years.
f. The Mather shall have custody of the Child on Labor Day in even-
numbered years.
g. The Father shall have custody of the Child on Thanksgiving in
even-numbered years.
h. The Mather shah have custody of the Child on Thanksgiving in odd-
numbered years.
i. The Father shell have custody of the Child on Christmas in odd-
nurrhber+ed years.
j. The Mother shall have custody of the Child on Christmas in even-
numbered years.
9
k. The Father shall have custody of the Chid on New Yew's Eve in
even-numbered yews.
1. The Mother shag have custody of the Child on New Year's Eve in
odd-numbered years.
6. The Father shall have custody of the Child for all holidays other than those
tided in Paragraph 5, unless custody is requested by the Mother and agreed to by the
Father.
7. The Father shall have custody of the Child on Father's Day and the
Mother shag have custody of the child on Mother's Day.
8. Custody shag a ftmate for the Child's bk#Way as logows:
a. The Father shall have custody on the Child's birthday in even-
numbered years.
b. The Mother shag have custody on the Child's birthday in odd-
numbered years.
9. The Father shag have custody for one week of uniMarnipted vacation with
the Child over the summer, said week to be agreed to by the Mother.
10. The Mather shag have custody for one week of unWem pted vacation with
the Child over the sum nw, said week to be agreed to by the Father.
11. While in the presence of the Child, no party shag make or permit to
be made by any person, any remarks or actions which could In any way be construed
as derogatory or uncompliimentary to the other parent, or in any way ir>june the opinion
of the Chid as to the other pareK or in any way estrange the Child from the other
parent. It shall be the responsibility of each party to uphold the other parent as one to
whore the Child owes love and respect.
12. Both parents shall have liberal and reamud* telephone coat d with the
Child when the Child is in the custody of the other parent.
13. The custodial parent shag protiide to the non-cuSftX ial parent, in a timely
fashion, any and all li mation regarding the Child's educational progress, religious
trai ft, mental health, physical health, welfare and social events, indud ft copies of
the Child's report card and other reasonable papers aftcutkV the child's education,
medical condition, or welfare.
14. The exchange of custody shag occur at either the Father's home or the
Mother's home, as agreed upon by the partles.
IS. The provisions in this Order shall be strictly adhered to unless otherwise
agnaed upon by the parties herein. The parties are free to modify the terms of this
Order but, in order to do so, the Court makes it door that both parties must be in
compiste agreement to any new terms. In other words, both parties must consent on
whet shah be the new terms of the custody anangemetrt or visitation schedule.
16. In the event either party wishes to modify this Stipulation/Order, they may
petition to have the case scheduled with the Court.
b/oy/og
bate
(PCD 2008
Date
JctAC,?
Date
di A
at *1%?.
20 JU 110 AM 8.. 10
FILL
pl?
2009 NOV AN tz
4
6 W,
Of
ANGELA ZIMMERMAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2007-5655 CIVIL ACTION LAW
KEITH BUSHEY IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, November 05, 2009 , 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, December 07, 2009 at 9:00 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
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
OF THE Pr," -!n?.'OTARY
2009 NOV -o AM I I. 5. 0
af?.(20,ay rKktjccc 40 )W? f - Cx.>ovz-?
COFY '-Att ?,C -10 A4? J,. S?ydCA,
?.
C?Y ?C k? 44?
ANGELA ZIMMERMAN,
Plaintiff
V.
KEITH BUSHEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07 - 5655
IN CUSTODY
ANSWER TO PETITION FOR CONTEMPT
AND NOW, comes the Petitioner, Keith Bushey, by and through his attorneys,
Turo Law Offices, who respectfully represents as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted. By way of further explanation, although Respondent may
technically have exercised a custodial period on April 29, 2009 outside of the Court
Order, it was for the purpose of addressing the exigent circumstances of ensuring the
child was seen by a doctor for a suspicious-looking bruise. This act was done in the
child's best interest.
7. Respondent is without information to affirm or deny. Insofar as a
response may be required, the averment is denied and more specific proof is
demanded.
8. Respondent is without information to affirm or deny. Insofar as a
response may be required, the averment is denied and more specific proof is
demanded.
9. Admitted. By way of further explanation, although Respondent may
technically have exercised a custodial period on April 29, 2009 outside of the Court
Order, it was for the purpose of addressing the exigent circumstances of ensuring the
child was seen by a doctor for a suspicious-looking bruise. This act was done in the
child's best interest.
10. Admitted. By way of further explanation, the Order does not require one
parent to inform the other of a doctor's appointment before it is attended.
11. Denied. By way of further explanation, Respondent always and without
fail shares information with Petitioner about the child's day-care or school activities.
Furthermore, Petitioner and Respondent received the same notifications of day-care
activities, thus Respondent could not hide the existence of such an event from
Petitioner. The conferences in question could be scheduled on an individual basis, and
Respondent scheduled such a conference. Petitioner received notification twice as to
the necessity of scheduling a parent-teacher conference but Petitioner simply failed to
schedule such a conference. Respondent also verbally informed Petitioner of the date
and time of his conference, yet Respondent did not appear for the conference. It is
disingenuous at best for Petitioner to blame Respondent for Petitioner's failure to be
attentive to activities related to the child. (Exhibit 1, two email$ distributed by the child's
day-care to Petitioner, are attached an incorporated herein as if fully set forth.)
12. Denied. By way of further explanation, Respondent always and without
fail shares information with Petitioner about the child's day-care or school activities.
Furthermore, Petitioner and Respondent received the same notifications of day-care
activities, thus Respondent could not hide the existence of such an event from
Petitioner. The conferences in question could be scheduled on an individual basis, and
Respondent scheduled such a conference. Petitioner received notification twice as to
the necessity of scheduling a parent-teacher conference but Petitioner simply failed to
schedule such a conference. Respondent also verbally informed Petitioner of the date
and time of his conference, yet Respondent did not appear for the conference. It is
disingenuous at best for Petitioner to blame Respondent for Petitioner's failure to be
attentive to activities related to the child. (Exhibit 1, two emails distributed by the child's
day-care to Petitioner, are attached an incorporated herein as if fully set forth.)
13. Denied. By way of further explanation, Respondent and Petitioner
discussed the substance of the parent-teacher conference, i.e., whether or not the child
should yet advance to kindergarten, in great detail following the meeting. The matter
was even discussed through the parties' attorneys.
14. Admitted.
15. Denied. By way of further explanation, Respondent does not make
derogatory comments about Petitioner's parenting skills, nor does Respondent
"demand" that Petitioner relinquish custody of the child. Respondent admits that he has
indicated to Petitioner that he believes it would be in the best interest of the child that
Respondent should have more custodial time with the child, however this is never in the
form of a "demand" and never in front of the child.
16. Respondent is without information to affirm or deny. Insofar as a
response may be required, the averment is denied and more specific proof is
demanded. Respondent denies making any statements to they child, in front of the child,
or to anyone that Petitioner does not love the child. To the contrary, Respondent makes
efforts to encourage the bond between Petitioner and the child. For example, the child
often does not wish to speak to Petitioner on the phone when she calls, yet Respondent
will insist that the child take the time to speak with Petitioner because Petitioner is owed
the child's love and respect.
17. Respondent is without information to affirm or deny. Insofar as a
response may be required, the averment is denied and more specific proof is
demanded. Respondent denies making any derogatory statements to the child or in
front of the child about Petitioner's mother and other family members.
18. Denied. Respondent made no such willful and intentional actions and did
not violate the Order for all the reasons stated above.
19. Admitted. By way of further explanation, however, on Labor Day,
Respondent was on vacation with the child at the shore. Petitioner informed
Respondent early in the day that she wanted the child home that same morning.
Respondent thus packed and left with the child to return that same morning. While en
route, Respondent received a call from Petitioner in which Petitioner demanded that
Respondent change the time of the exchange to 4:30 or thereabouts because Petitioner
was going to work during the day. At 4:30 or thereabouts, Respondent discovered that
despite the change in the time of the exchange, Petitioner wasl actually going to work
during the evening, and custody was actually to be undertaken, by a babysitter, Tammy
Einen. Petitioner regularly hands off custody of the child to Ms,. Einen despite
Respondent's stated availability for custody.
20. Denied. Respondent did not "verbally assault" Petitioner. Respondent
informed Petitioner in a normal, calm tone of voice and calm demeanor that, as the
child's father, he was upset and frustrated by Petitioner's usual practice of taking
available custodial time away from the father simply to hand the child off to a third party,
and that this practice was not in the child's best interest.
21. Denied. Respondent did contact the caregiver, Tammy Einen, to indicate
that he preferred custody of his son for the evening, rather than relinquish him to a
babysitter. Ms. Einen, an employee of Links2Care, a nursing service, stated that as the
father he was certainly entitled to take care of his son, and that she simply had to
contact her employer and Petitioner. Ms. Einen subsequently called her employer and
also called Petitioner to notify her of the exchange before it occurred.
22. Denied. Respondent was informed by the caregiver, Tammy Einen, that
she would notify Petitioner before the exchange, which Ms. Ehnen subsequently did.
23. Admitted. The caregiver, Tammy Einen, informed Respondent that she
would notify Petitioner.
24. Denied. By way of further explanation, Petitioner called Respondent and
verbally attacked Respondent in an aggressive manner. Respondent informed
Petitioner in a normal, calm tone of voice and demeanor that, as the child's father, he
was upset and frustrated by Petitioner's usual practice taking available custodial time
away from Respondent simply to hand the child off to a third party, and that this practice
was not in the child's best interest. Notably, Petitioner's stated complaint to
Respondent this day was not of a lack of notice or relinquishmlent of custody (as she
was not to personally have custody for the evening anyway), bjut instead she yelled at
Respondent that, "It's not fair to Tammy," and "You're taking work away from Tammy."
Petitioner's stated issue was that, because of Respondent's efforts to spend time with
the child, the child could not be used by Petitioner to provide income to her friend,
Tammy Einen.
25. Denied. Respondent denies ever making any derogatory or degrading
comments about Petitioner in front of the child.
26. Denied. Respondent respects the Petitioner andl the Court Order and the
Court.
27. Denied. By way of further explanation, Respondent is constantly striving
to act in the best interest of the child. Respondent's life is centered around providing for
the child a structured, healthy, caring environment, often made difficult by the practices
of Petitioner.
28. Admitted.
WHEREFORE, for all the foregoing reasons, and because Petitioner has
abandoned good faith, having pleaded complete untruths and otherwise raises old,
isolated, minor issues dating back as far as seven months ago, and because of the
clear lack of magnitude to the Petitioner (notably, in addition to waiting nearly seven
months to raise certain issues, Petitioner waited three weeks after signing the
Verification to file the Petition), and because these matters are better served by
communication and resolution between the parties and their attorneys (Petitioner has
retained her current counsel throughout the dates indicated in 'the petition, yet Petitioner
did not see fit to engage in discussion of the matter through counsel even during her
delays and instead opted to file with the Court directly), and because Petitioner's
request for sanctions is wildly inappropriate, and because Resjpondent's request for
additional custodial time is paradoxical considering that the custodial periods in question
were to have been with a third party and not with Petitioner, Respondent respectfully
requests that this Honorable Court deny the petition to hold Respondent in contempt of
Court and also requests the Court to order Petitioner to pay Respondent's legal fees
and costs.
11 1c' o"g
Date
Respectfully Submitted,
TURD LAW 9F-FZES
Lorin re r, Esq.
PA #203
28 S. i Street
Carlisle, PA 171013
Phone: 717-2415-9688
Fax: 717-245-2165
Attorney for Respondent
Keith
From: Janice Slabaugh Uslabaugh@messiah.edu)
Sent: Friday, April 03, 20091:55 PM
To: Keith ; Uhler; Sue Haimovich; Teresa Jones; Terri; Cin y Mangold; Wood; L i
Zen ; wa Pechart; McCombs; Sheker; skibaugh@comca t.net; Lightner; Shek 2; Angie
erman- avid Miller; Bunch; Melissa Miller, Lisa Trobau h; Myers; Andrews; ie
r elayers@hotmail.com; Bradley Genevro; Bev G odling; Barbara Ressl ,
a Weber; Doug Wood; Elizabeth Sobrevilla; Jennifer F sler; Kerry Harker-Roth;
Matthew Hunter; Matthew Roth; William Stowman; Stoltzfus; Joan Landis; Christman; sd1166
@psu.edu; Kathy Goss; Jones; Mains; Gunning; Hunter; Brunk; Knapp; Tamie Eynon; Dante
Sobrevilla; Seltzer; Wadlinger; Stephanie Morgan
Cc: Lisa Luft
Subject: Newsletter and permission slip
Attachments: newsletter growing.pdf
newsletter
rowing.pdf (222 KB.
Dear parents, attached should be the newsletter for the next two weeks.
Please note there is a permission slip attached. Have a great weekend, Allison
April 3-April 17
Important reminders
• The Lab School is closed
• Parent-teacher conferences
are just around the cor-
ner. Check your calen-
dars and sign up online:
h to: / / www. myco nfm n ce
time.com/ele
r??llles?rom the fairy-
tale unit in Ms Jan.
room. If you are missing
anything, please let us
know.
April 4: Easter Egg Hunt
10 AM at the ELC
April 6: Hop-a-thon mate-
rials go home
April 6: Isaac's Birthday
April 13: Lab school closed
for Easter Break
Apri123: Lab school closed
for Service Day (note
change from April 16)
May 4: Art Show
May 6: Last day of Lab
School
May 7: Picnic at 5:30
?a
vt
'e mill be learning about plants and animals...
In the next two weeks, your child
will be learning about plants, ani-
mals, and what they both need to
grow. The first week will be the
plant part of the unit. The highlight
of the week will be a nature walk
that the class will take on Messiah's
nature trail. This will take place
Wednesday, April 8. The rain date
is Thursday, April 9. Tennis shoes
and comfortable clothes are encour-
aged as it could be muddy.
Baby Pictures
During this
unit we will
learn about
plants and ani-
mals, and will
conclude our'lunit with a trip to the
greenhouse on Messiah's campus.
The afternoon class will go on Thurs-
day, April 9. They will leave the class-
room at 1:05 to walk over for a 1:15
tour. The morning class will be going
on Tuesday, April 14 and will be leav-
ing the class at 9:00 for a 9:15 tour.
There is a perJmission slip attached so
that we are'' better able to predict
are Needed ! the number of children and adults
attending.
As part of our unit we
will be talking about
growing and changing.
If everyone could
please bring in or email
me one baby picture of
your child by Tuesday
April 7, our bulletin
board would look fan-
tastic. If you are bring-
ing in a picture please
try to bring a headshot
that is about 1-2 inches.
If you email it, I can play
with the dimensions. If you
bring in a picture, please re
member to put your child's'
name on the back so we cap
return the pictures to you
when the unit is over. If
you don't have a baby
picture, any picture of
your child at a younger
age will be fine. These
will be on display for two
weeks and will help the
students understand
low they have all
changed and grown.
Contact Info:
islabaugh@messiah.edu
as1379@messiah.edu
Dates to remember
Focus lessons;
What do plants look like before they are
flowers?
What do plants need to grow?
Wlbat can we see, hear, feel, and ;smell
• Farmer and farm animal dress up Field trip to Kline Greenhouse
clothes Wlbat do animals need to grow and be
• Pretend gardening tools, clothes, or healthy?
other items
Where do animals live?
Center Opportunities:
Math: Seed sort/babies to adults/how many paw prints?
Sensory Table: Dirt/Water
Literacy: Books about plant and animal growth
Science:Carnations in colored water, planting sunflower seeds, chia pets, Eggcel-
lent hearing
Art: Seed collage, everlasting garden pot painting and planting, coffee filter flow-
ers, sculpting animals, blow painting, mask making for dramatic play
Dramatic Play: ELC Garden Center/ Farm
Mix and Mold: Dirt pudding snack, chocolate play-doh, cookies, biopuddy
Writing: Nature diary, Easter stickers, stamp paw prints, what I can do now
Blocks: Wood blocks with pictures of dirt, seeds, water, sun, and flowers on
some/ pictures of animals and habitats
Vby do plants look different in different
please bring them on Monday! seasons?
• Fake flowers for our pretend play
• Empty flower trays
small groups
will be focusing
on language
Growing, growing, growing!
Page 2
Growing, growing, growing!
Page 3
Dear Parents,
On Tuesday April 14, 2009 the morning class will be going on a field trip to
Kline Greenhouse, on Messiah's campus. The trip will include a tour of the green-
house as well as a chance to look at several different plants and a tortoise that lives
there. We will be leaving the Early Learning Center to walk to the'greenhouse at 9:05
am and will return to the classroom around 10:00 am. The tour will be about 30 min-
utes long Please check the appropriate box below.
On Thursday April 9, 2009 the afternoon class will be going on a field trip to
Kline Greenhouse, on Messiah's campus. We will be leaving the classroom at 1:05.
The tour is at 1:15 and is expected to be 30 minutes long We will return at 2:00.
Child's name
? My child will walk over with the group
? This is my child's regular day and my child and I will walk over with the group
? This is not my child's regular day and my child and I will walk over with the group
? This is not my child's regular day, and he/she will not be going to the greenhouse
Keith Bushey
From: Janice Slabaugh Uslabaugh@messiah.edu]
Sent: Friday, April 17, 20091:45 PM
To: Keith Bushey, Uhler, Sue Haimovich; Teresa Jones; Terri; C
• Pechart; McCombs; Sheker, skibaugh®coma
avid Miller; Bunch; Melissa Miller; Lisa Troba
;Gigp mmea
ers ®hotmail.com; Bradley Genevro; Bev
r lay
nstina Weber; Doug Wood; Elizabeth Sobrevilla; Jennifer
Matthew Hunter; Matthew Roth; William Stowman; Stoltzfus;
Opsu.edu; Kathy Goss; Jones; Mains; Gunning; Hunter; Bru
Sobrevilla; Seltzer; Wadlinger; Stephanie Morgan
Cc: Lisa Luft
Subject: newsletter
Attachments: Ocean Newsletter.pdf
r
Ocean
!wsletter.pdf (262 K
Attached
school.
Thanks!
Miss Beth
Mangold; Wood; La
net; Lightner; Shek 2; Angie
r Myers; Andrews;
>dling; Barbara Ressler;
ler; Kerry Harker-Roth;
in Landis; Christman; sd1166
Knapp; Tamie Eynon; Dante
is your newsletter for our ocean theme for our final weeks of LAB
Contacts:
-Ms. Jan=
islabaugh(gmessiah.edu
-Ms. Beth=
bb1231Qmessiah.edu
Weeks at a glance...
Week 1:
* 4/20-Intro to Ocean Theme
* 4/21- Sea Birds
* 4/22- Fish and Coral Reefs
* 4/23 (*NO School!)
Week 2:
* 4/27- Large Sea Animals
* 4/28- Unusual Sea Creatures
Guest Speaker - AM
* 4/29- Small Sea Creatures
(*Guest speaker! O)
* 4/30- Shell Creatures
Week 3:
* 5/4- Things You Do at the
i
ear (Families and EGC'Students,
With the warm, sunny weather becoming ;
ore frequent and summertime closely
approaching get ready to explore and discover the
many treasures in store for our last Ocean
Discoveries theme! i
As a class we will dive into a world beneath ;
the ocean's surface, and learn about the various
creatures and wonders that are found under the
sea. A special Beach Box, exciting books, guest
speakers, creative activities, and fun, delicious i
snacks will all be part of this Ocean experience. .
Do not miss a dayl
If you have any creature Costumes, puppets,
or stuffed animals to add to our dramatic play
corner, we would really appreciate itl Please drop '
them at the ELC no later than: 4 / 21.
Snacks of the j5ca II
* 4/20- Ocean Yogurt II
* 4/21- Veggies & Dip
* 4/22- Sea Crackers and Grapes
* 4/27- Sea Creature Bread Rods
* 4/28- Jellyfish Jellos
* 4/29- Fresh Fruit and Dip
* 4/30- Cheesy Starfish Biscuits
* 5/4- Ice Pops, Goldfish Pretiel Crackers, &
II Cheese
II
s s ? s== s s J
to to memder-
4/20-30: Teacher/Parent
Conferences (*sign up onl
4/2 : Hop- -tho - we Pff
hop for minutes
• 4123: NO Lab School
• 4129. All money needs to be
handed in for Hop-a-thon.
• 514: Art Show- Children will
• be excused at 11 / 3:15 to
attend Art Show
• 516.- Last day of Lab school
• 517. ELC Picnic (rain date-
8)
5/8)
o From 5:30-7:30 @
Lower Allen Park,
Lower Pavilion.
•
? 5mall Groups: i
? • Gross Motor Skills
Lare roues: r
M
"Seal, what time is it?"
Game
Parachute "Dolphin 8s
Fish" game. ?
"Something's Missing"
song and game.
• Beach Freeze Dance
Free Choice ist: 4V
• Sensory/ Easel:
o Wet Sand with shells, sea creatures, and sand toys;
Blue water, rocks, shells, and sea creatures
• Writing Center:
o 'Bubble Thoughts' stationary; Sand trays with
sticks/shells; Shell notes and stickers
• Math Center:
o Ocean Match game; Shell shirting; Shell/animal
cin
balan
• Dramatic Play: fi
o 'Sand an(i Surf' corner
• Art Center:
o Water color & salt fish; Feathered friends; Marble
color fish; Tissue paper creatures; Sand art; Shaving
cream creatures; Octopus designs; Shell mosaics;
Starfish designs
• Science:
o Sea shell collections and 'Ocean in a Bottle' bottles
• Literacy:
o Cabana Reading Corner and "Ocean Discoveries"
game
ELC Beech ay !
The last day of this theme will be on May 4th, and we
will celebrate the ending of this unit by having our own ELC
beach day! Children are encouraged to wear a summer or
beach therned outfit. This can include grass skirts, glasses,
hats, etc. However, please wear shoes that have backs to !
them.
You are welcome to come join the fun or take pictures .
at 10:30 am/2:45 pm on our Beach Day. Please feel free to
contact us if you have any concerns or questions.
Ocean Ustft Songs and age: Plays
Little Tiny Fishies
(Tune of "Twinkle, Twinkle")
Little tiny fishies swimming through the sea
Swimming very quiet so no shark can see
Swimming swimming up, swimming swimming down
Then sneak to the seaweed where you can't be found
Little tiny fishies swimming through the sea
Play)
ICrusty Crab has clamping claws
The biggest. claws you ever saw
He clamps to the left,
He clamps to the right,
He crawls sideways as he fights
VERIFICATION
I, Keith Bushey, verify that the statements contained in the Answer to the Petition
for Contempt are true and correct, to the best of my knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904
relating to unsworn falsification to authorities.
/x/6 /a Y '
old
Date K
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Petition to Modify
Custody upon Sheri D. Coover, Esquire, counsel for Respondent, and upon Custody
Conciliator Dawn S. Sunday, Esquire, by depositing the same in the United States Mail,
first class, postage pre-paid, on the Sixteenth day of November, 2009, from Carlisle,
Pennsylvania, addressed as follows:
Sheri D. Coover, Esquire
44 S. Hanover Street
Carlisle, PA 17013
Attorney for Petitioner
Dawn S. Sunday, Esquire
39 W. Main Street #1
Mechanicsburg, PA 17055
Custody Conciliator
TURO LAW OFFICES
drew $ Esquire
i Pitt Stre
PA 170
Phohe;.Z1Z_2W9688
Fax: 717-245-2165
Attorney for Respondent
ry f ('? , ' ffS!
C'F Tr i
ANGELA ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
KEITH BUSHEY, NO. 07 - 5655
Defendant
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
AND NOW, comes the Petitioner, Keith Bushey, by and through his attorneys,
Turo Law Offices, who respectfully represents as follows:
1. Petitioner is Keith Bushey, an adult individual who resides at 211 Bishop
Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Respondent is Angela Zimmerman, an adult individual who resides at 411
South Walnut Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Petitioner is the natural father and Respondent is the natural mother of
one child, Kenneth Cole Bushey, born June 8, 2004.
4. Petitioner seeks modification of the Order of Court issued on June 6,
2008, by the Honorable J. Wesley Oler, Jr. (A true and correct copy of the June 6, 2008
Order is attached as Exhibit 1.)
5. The child has lived with the following parties and at the following
addresses:
Keith Bushey Father
211 Bishop Road
Mechanicsburg, PA 17055
Keith Bushey and Father & Mother
Angela Zimmerman
211 Bishop Road
Mechanicsburg, PA 17055
Angela Zimmerman Mother
409 South Walnut Street
Mechanicsburg, PA 17055
Angela Zimmerman Mother
411 South Walnut Street
Birth to Present
Birth to Sept. 2007
Sept. 2007 to Fall 2009
Fall 2009 to Present
Mechanicsburg, PA 17055
6. Petitioner seeks modification of said Order because the Respondent fails
to make use of her custodial time yet withholds the child from Petitioner (who is willing
and able to take custody) during those periods, instead placing the child in a routine that
that lacks the stability and mental well-being provided by Petitioner, and because
Respondent fails to engage in the sort of quality time the child receives from Petitioner,
all contrary to the child's best interest.
7. Respondent regularly relinquishes her periods of physical custody to a
babysitter named Tammy Einen or to Petitioner's mother, despite father's stated
availability and willingness to take custody of the child.
8. The child spends a significant amount of Respondent's custodial time with
various third parties instead of with Respondent.
9. Petitioner is ready, willing and available to receive a significant increase in
custodial periods with the child
10. Respondent flatly refuses to allow the child to spend more time with
Petitioner, his father, instead of various third parties.
11. Respondent has indicated to Petitioner in the past that her intent in
maintaining custodial periods with the child is not for the purposes of spending time with
the child, but instead to provide babysitting work to Tammy Einen, Respondent's friend
and the child's former nurse.
12. Respondent also frequently requests that Petitioner take custody of the
child during her custodial periods.
13. The child's overnight care during Respondent's custodial periods is often
given over to Tammy Einen, who will stay at Respondent's house, despite Petitioner's
stated ready availability for overnight custody and requests for the same.
14. Respondent's overnight custody is also often relinquished to Petitioner's
mother despite Petitioner's stated ready availability for overnight custody and requests
for the same.
15. It is believed therefore it is averred that Respondent's mother's house,
where the child is forced to stay, is dilapidated and infested with rodents and is an
unsanitary place for the child to sleep.
16. The child has no bed to sleep in at Respondent's mother's home, and
instead sleeps on the couch or on the floor.
17. It is contrary to the child's best interest for the Respondent to hand over
custody to third parties when Petitioner, the father, is available for custody and eager to
spend that time raising the child.
18. Respondent fails to meet the child's hygienic needs as she often fails to
ensure the child is bathed during her custodial periods and does not wash the child's
clothing.
19. Petitioner to date is forced to maintain a regimen where, when the child
arrives for his custodial period, Petitioner has the child change from the clothes he
arrived in so that Petitioner may wash them.
20. Petitioner then has the child put on clothes provided by Petitioner.
21. Respondent has a history of stealing clothes that Petitioner purchased for
the child; therefore, to date, Petitioner changes the child back out of the clothes
petitioner provided when giving custody back to the Respondent, and back into the
clothes that Respondent provided, now freshly washed by Petitioner.
22. The child informs Petitioner that he, the five-year-old child, sleeps with
Respondent, his mother, in Respondent's bed, because the child's room at
Respondent's home is full of debris and his bed is broken.
23. It is believed therefore it is averred that, when Respondent does utilize her
custodial period, that time is often spent traveling around in her vehicle, with the child
merely accompanying the Respondent wherever she may be going, rather than
spending quality time together.
24. Petitioner spends quality time with the child and provides an organized,
structured life for the child that the child does not receive in the custody of Respondent,
with whom the child is often compelled merely to tag along while Respondent travels to
activities she engages in regardless of the child's presence.
25. When the child is in the custody of Petitioner, Petitioner feeds the child
regular meals, has him get a bath, reads with the child and helps him with his
homework, plays with him, and has him go to bed at a regular, reasonable bedtime.
26. Respondent frequently has the child on the road at a time past a healthy,
reasonable bedtime for the child on school nights.
ANGELA ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
KEITH BUSHEY, NO. 07 - 5655
Defendant
IN CUSTODY
CUSTODY STIPULATIONIORDER
AND NOW, this day of IJ tj t , 2008, it is hereby
stipulated and agreed between the parties as follows:
1. All previously existing custody orders are hereby vacated.
2. Kenneth Cole Bushey (hereinafter the "Child"), born June 8, 2004, is the
natural child of Keith Bushey (hereinafter the "Father") and Angela Zimmerman
(hereinafter the "Mother").
3. Shared legal custody of the child as contemplated by the Act of October
30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both of the parties, as the natural
parents. Major decisions concerning the Child, including, but not necessarily limited to,
the Child's health, welfare, education, religious training and upbringing shall be made by
them jointly, after discussion and consultation with each other, with a view toward
obtaining and following a harmonious policy in the Child's best interest. Each parent
shall not impair the other party's rights to shared legal custody of the child. Each parent
shall not alienate the affections for the Child from the other party. Each parent shall
notify the other of any activity or circumstance concerning the Child that could
reasonably be expected to be of concern to the parent then having physical custody.
With regard to any emergency decisions that must be made, the party having physical
custody of the Child at the time of the emergency shall be permitted to make any `"'
immediate decisions necessitated thereby. However, that parent shall inform the other
of the emergency and consult with him or her as soon as thereafter possible. Each
parent shall be entitled to complete and full information from any doctor, dentist,
teacher, professional or authority and to have copies of any reports given to either party
as a guardian or custodian.
4. Primary physical custody of the Child shall be in the Mother subject to the
following periods of partial physical custody with the Father:
a. The Father shall have custody of the Child every Tuesday, from
4:00 p.m. Tuesday until 6:30 a.m. Wednesday.
b. The Father shall have custody of the Child every Thursday, from
4:00 p.m. Thursday until 6:30 a.m. Friday.
b. ' The Father shall have custody of the Child every other weekend
from 4:00 p.m. Friday until 6:30 a.m. Monday.
5. Custody of the Child shall alternate and rotate for the following holidays,
from 4:00 p.m. on the eve of the holiday until 1:00 p.m. on the day of the holiday:
a. The Father shall have custody of the Child on Easter in even-
numbered years.
b. The Mother shall have custody of the Child on Easter in odd-
numbered years.
C. The Father shall have custody of the Child on Memorial Day in odd-
numbered years.
d. The Mother shall have custody of the Child on Memorial Day in
even-numbered years.
e. The Father shall have custody of the Child on the Fourth of July in
even-numbered years.
f. The Mother shall have custody of the Child on the Fourth of July in
odd-numbered years.
e. The Father shall have custody of the Child on Labor Day in odd-
numbered years.
f. The Mother shall have custody of the Child on Labor Day in even-
numbered years.
g. The Father shall have custody of the Child on Thanksgiving in
even-numbered years.
h. The Mother shall have custody of the Child on Thanksgiving in odd-
numbered years.
i. The Father shall have custody of the Child on Christmas in odd-
numbered years.
j. The Mother shall have custody of the Child on Christmas in even-
numbered years.
k. The Father shall have custody of the Child on New Year's Eve in
even-numbered years.
1. The Mother shall have custody of the Child on New Year's Eve in
odd-numbered years.
6. The Father shall have custody of the Child for all 'holidays other than those
listed in Paragraph 5, unless custody is requested by the Mother and agreed to by the
Father.
7. The Father shall have custody of the Child on Father's Day and the
Mother shall have custody of the Child on Mother's Day.
8. Custody shall altemate for the Child's birthday as follows:
a. The Father shall have custody on the Child's birthday in even-
numbered years.
b. The Mother shall have custody on the Child's birthday in odd-
numbered years.
9. The Father shall have custody for one week of uninterrupted vacation with
the Child over the summer, said week to be agreed to by the Mother.
10. The Mother shall have custody for one week of uninterrupted vacation with
the Child over the summer, said week to be agreed to by the Father.
11. While in the presence of the Child, no party shall make or permit to
be made by any person, any remarks or actions which could in any way be construed
as derogatory or uncomplimentary to the other parent, or in any way injure the opinion
of the Child as to the other parent, or in any way estrange the Child from the other
parent. It shall be the responsibility of each party to uphold the other parent as one to
whom the Child owes love and respect.
12. Both parents shall have liberal and reasonable telephone contact with the
Child when the Child is in the custody of the other parent.
13. The custodial parent shall provide to the non-custodial parent, in a timely
fashion, any and all information regarding the Child's educational progress, religious
training, mental health, physical health, welfare and social events, including copies of
the Child's report card and other reasonable papers affecting the child's education,
medical condition, or welfare.
14. The exchange of custody shall occur at either the Father's home or the
Mother's home, as agreed upon by the parties.
15. The provisions in this Order shall be strictly adhered to unless otherwise
agreed upon by the parties herein. The parties are free to modify the terms of this
Order but, in order to do so, the Court makes it clear that both parties must be in
complete agreement to any new terms. In other words, both parties must consent on
what shall be the new terms of the custody arrangement or visitation schedule.
16. In the event either party wishes to modify this Stipulation/Order, they may
petition to have the case scheduled with the Court.
6/a(' /U?
Date
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Date
Date
Ke'
th t " 9h1 s' ,1 Milto sti rtiy Ii +?
tk wal of 00111 at Carlisle, PA
9
A13, j ;JAZI
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67 Olt P, %A.A W! LIWLW.
VERIFICATION
I, Keith Bushey, verify that the statements contained in the Petition to Modify
Custody are true and correct, to the best of my knowledge andl belief. I understand that
false statements herein are made subject to the penalties of 1 ? Pa. C. S. §4904 relating
to unsworn falsification to authorities.
Date Ke'
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Petition to Modify
Custody upon Sheri D. Coover, Esquire, counsel for Respondent, by depositing the
same in the United States Mail, first class, postage pre-paid, on the Sixteenth day of
November, 2009, from Carlisle, Pennsylvania, addressed as follows:
Sheri D. Coover, Esquire
44 S. Hanover Street
Carlisle, PA 17013
TURO LAW OFFICES
Lori ndrew Snyder, Esquire
28 South Pitt eet
Carhste; fW 17013
Phone: 717-245-9688
Fax: 717-245-2165
Attorney for Petitioner
FI?FC_r OF FFc " FRJD-i' ,a ?i`t TA ?Y
Ch^
ti•
rr..?aL1rG
IlAi ?o ?? l fir
fG?` `?r?
ANGELA ZIMMERMAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2007-5655 CIVIL ACTION LAW
KEITH BUSHEY
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Friday, November 20, 2009 , 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, December 07, 2009 at 9:00 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
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
FLED-0FRICE
OFT r
2009 NOV 23 PM 12: 3 3
?'LI?V14??t?lyt? ?t+9.'x-1
j_3.0l?` `°`` a4'`6
ANGELA ZIMMERMAN, IN THE COURT OF. COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
KEITH BUSHEY,
Defendant NO. 07-5655 CIVIL TERM
ORDER OF COURT
AND NOW, this 23rd day of November, 2009, upon consideration of Plaintiff's
Petition for Civil Contempt for Disobedience of Custody Order, and Defendant's Answer
to Petition for Contempt, this matter is referred to the custody conciliation process
pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this
referral to Dawn S. Sunday, Esq., Custody Conciliator, for review.
BY THE COURT,
Sheri D. Coover, Esq.
44 S. Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
Lorin Andrew Snyder, Esq.
28 South Pitt Street
Carlisle, PA 17013
Attorney for Defendant
Court Administrator -G
:rc
5
`-
FILED-GRrCE
OF THE' PIR0TJ40;`,,I0TAPY
2009 NOV 23 PM 2: 21
CUNIL'XI
PEN
16
DEC 1 120090
ANGELA ZIMMERMAN
Plaintiff
vs.
KEITH BUSHEY
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2007-5655
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this , l day of b e_G , 2009, upon
consideration of the attached Custody Conciliation Report, it is ordered ?and directed as follows:
1. The prior Order of this Court dated June 6, 2008, shall continue in effect as modified by this
Order.
2. The parties shall participate in a course of therapeutic family counseling with a professional
to be selected by agreement between the parties. The purpose of the counseling shall be to address
conflicts which have arisen in the parties' parenting relationship and to assist the parties in establishing
sufficient communication and cooperation to enable them to effectively co-parent their Child. Any
costs of counseling which are not covered by insurance shall be shared equally between the parties.
The parties shall select the counselor and contact the counselor's office within 10 days of the date of
this Order to schedule the initial appointments.
3. In the event either party is unavailable to provide care for the Child during his or her period
of custody for a period of two hours or more, that parent shall first contact the other parent to offer him
or her the opportunity to provide care for the Child during the custodial parent's unavailability before
contacting third party caregivers.
4. The Father's periods of custody on Tuesdays and Thursdays shall begin no later than 4:00
p.m. However, in the event the Child is not in school and the Father is not working, the Father's
period of custody may begin after the Father's work, if it is earlier than 4:00 p.m. The Father shall
notify the Mother in advance if he intends to obtain custody of the Child earlier on a Tuesday or
Thursday pursuant to this provision.
5. Neither party shall remove the Child from school during his or her period of custody without
the advance consent of the other parent.
6. Within four months of the date of this Order, counsel for either party may contact the
conciliator to schedule an additional custody conciliation conference, if necessary to review the
custodial arrangements.
7. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
8. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
cc: ZQUI-?ri D. Coover Esquire - Counsel for Mother
Lorin A. Snyder, Esquire - Counsel for Father
0-6 i'es ,nn, t[CL
BY THE COURT,
ANGELA ZIMMERMAN
Plaintiff
vs.
KEITH BUSHEY
Defendant
Prior Judge: J. Wesley Oler
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2007-5655 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
Kenneth Cole Bushey June 8, 2004 Mother
2. A custody conciliation conference was held on December 7, 2009, with the following
individuals in attendance: the Mother, Angela Zimmerman, with her counsel, Sheri D. Coover,
Esquire, and the Father, Keith Bushey, with his counsel, Lorin Andrew Snyder, Esquire.
3. The parties agreed to entry of an Order in the form as attached resolving both the Mother's
Petition for Contempt and the Father's Petition for Modification, which were both the subjects of the
conciliation conference.
1) 0- c q
Date Dawn . Sunday, Esquire
Custody Conciliator
FILED-YFICE
OF THE RWA CNOTARY
2009 DEC 14 PH 2: 28
aUNI'y
;`,
(`7
ANGELA ZIMMERMAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
~~ 2007-5655 CIVIL ACTION LAW
KEITH BUSHEY IN CUSTODY
DF..,FF.NDANT
ORDER OF COURT
AND NOW, Wednesday, July 14, 2010 ,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 Friday, July 30, 2010 at 12:00 PM
for aPre-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. Sunday, Esq. ~,,~I
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 off ce. 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. 1F 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
1~~,rCC~vl.L U
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32 South Bedford Street
Carlisle, Pennsylvania ] 7013
Telephone (717) 249-3166
~~~
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ANGELA ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v• :CIVIL ACTION -LAW
KEITH BUSHEY, NO. 07 - 5655
Defendant
IN CUSTODY
ANSWER TO PETITION FOR MODIFICATION OF CUSTODY ORDER
AND NOW, comes the Petitioner, Keith Bushey, by and through his attorneys,
Turo Robinson, who respectfully represents as follows:
1. Respondent is without sufficient information to determine the accuracy of
the averment. Petitioner has refused to inform Respondent of the address of her new
home despite Petitioner's repeated requests for the information for the benefit of the
child.
a ~ -
2.
Admitted
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3. Admitted. ~ -~ _:
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4. Admitted. =rt .~- t
5. Admitted.
6. Admitted.
7. Admitted in part and denied in part. By way of further explanation,
Respondent and Petitioner split custody evenly, 50/50; and in this legal custody issue,
Respondent has objected to Petitioner's demand to remove the child from his current
school enrollment in Mechanicsburg School District, Cumberland County, to instate him
instead in Paxtonia Elementary School, Dauphin County, because such a move would
be counter to the best interests of the child.
8. Admitted.
9. Admitted.
10. Denied. By way of further explanation, the child has only stayed at
Respondent's mother's home when the child has requested a sleepover on a weekend
because the child enjoys a sleepover and spending time with his paternal grandmother.
Respondent is happy to allot some of his custodial time with the child to allow a healthy
relationship to flourish between the child and the paternal grandmother. Regardless,
this scenario has only occurred on a few occasions, not "[a]t least one night each week,"
as Petitioner erroneously claims.
11. Admitted. By way of further explanation, the child and his cousins
requested a sleepover together at Petitioner's brother's house. As stated in the
previous paragraph, the child enjoys a sleepover and Respondent granted the child his
wish to have fun with the child's cousins.
12. Denied, insofar as Petitioner's characterization is disingenuous. Byway of
further explanation, on one occasion, Respondent's girlfriend, Kay, picked the child up
to take him, with her two children, to hit golf balls while Respondent made everyone
dinner. The child enjoyed hitting golf balls with Kay and the other children for a period
of just two hours while Respondent prepared the meal.
13. Admitted.
14. Admitted in part and denied in part. The stability the child requires is best
provided in the extensive custody Respondent.
15. Denied. By way of further explanation, the child always stays at
Respondent's home, aside from a few sleepovers that the child has requested, where
the child has a set dinner time, homework time, playtime, and bedtime.
16. Denied. By way of further explanation, in the past two years, the child has
slept at Respondent's girlfriends house only on 3 or 4 occasions, and never without
Respondent being present. On every occasion but one the child has slept there in a
bed; the single exception was one night when the child and Kay's children requested to
watch a movie and for fun to "camp" in the living room with sleeping bags and an air
mattress.
17. Admitted.
18. Denied. By way of further explanation, allowing Petitioner to have weekly
custody, thereby removing the child from his current school and reinstating him in
Central Dauphin, will be a momentous change of instability for the child. If Petitioner is
granted the custody she requests, the child will be torn from the very strong roots he
has in the community in which he has always lived. The child has many close friends
and family, including grandmother, uncles and aunts and cousins, in the area of
Respondent's home where he was born and raised. Respondent is by far the more
involved parent in the child's schooling.
19. Admitted.
20. Admitted.
21. Admitted.
22. Denied. By way of further explanation, allowing Petitioner to have weekly
custody, thereby removing the child from his current school and reinstating him in
Central Dauphin, will be a momentous onset of instability for the child that will
significantly deteriorate the child's quality of life; if Petitioner is granted the custody she
requests, the child will be torn from the very strong roots he has in the community in
which he has always lived; the child has many close friends and family, including
grandparents, uncles, aunts and cousins, in the area of Respondent's home where he
was born and raised. Respondent is by far the more involved parent in the child's
schooling; and is by far the more involved parent, generally speaking, in the child's life.
Respondent will be torn from the strong, stable and structured environment provided
only by Respondent. While enforcing the right of first refusal is certainly acceptable to
Respondent, it should be noted that this clause was inserted into the Order at the
request of Respondent in response to Petitioner's custom of turning the child over to a
babysitter rather than allowing Respondent to have custodial periods with the child, not
to deny the child the opportunity to participate in the occasional sleepover.
WHEREFORE, Petitioner requests your Honorable Court to deny Petitioner's
Petition to Modify Custody, as relocating the child and his school district would
significantly deteriorate the quality of life for the child and do great harm to the
maintenance of a continuing, meaningful relationship between Respondent and the
child.
Respectfully Submitted,
07~ao ~otv
Date
TURD ~OBINSON
~orifS drew Snyder,
P #203199
S. Pitt Street
Carlisle, PA 17013
Phone: 717-245-96
717-24:
Attorney for Petitioner
VERIFICATION
I, Keith Bushey, verify that the statements contained in the Answer to Petition to
Modify Custody are true and correct, to the best of my knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.
S. §4904 relating to unsworn falsification to authorities.
~n~f~
Date K
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Petition to Modify
Custody upon Stephen J. Barcavage, Esquire, counsel for Petitioner, by depositing the
same in the United States Mail, first class, postage pre-paid, on the Twentieth day of
July, 2010, from Carlisle, Pennsylvania, addressed as follows:
Steven J. Barcavage, Esquire
Owens Barcavage 8~ Mclnroy, LLC
2000 Linglestown Road, Suite 303
Harrisburg, PA 17110
TURD ROBINSON
Lorin An w Snyder, re
28 S Pitt Street
C sle, PA 17013
one: 717-245-
Fa - - 165
Attorney for Petitioner
ANGELA ZIMMERMAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2007-5655 CIVIL ACTION LAW
KEITH BUSHEY
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, July 27, ZO10 ,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 Maiu Street, Mechanicsburg, PA 17055 on Friday, July 30, 2010 at 12:00 PM
for aPre-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
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 Nit'
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI(SE~
-~ ~_
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~-~~, r..-:
Cumberland County Bar Association rv
7.2y • I o -~ ~ c~-< (e~ -tom _ _
~,R.f ~ 32 South Bedford Street -~
~`„~,,,(, ~. Carlisle, Pennsylvania 17013 - =-
~"`^ Telephone (717) 249-3166 ,-. ~. ~
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ANGELA ZIMMERMAN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : 2007-5655 CIVIL ACTION LAW
KEITH BUSHEY
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this ~_ day of _, 2010, upon
consideration of the attached Custody Conciliation Report, it ordered and directed as follows:
A hearing is scheduled in Court Room No. ~_ of the Cumberland County Court
House on the ~1~~ day of y~~r~~n,(,~,,~ , 2010 at ~ 3 o'clock ~. m. 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 10 days prior to the
hearing date.
BY THE COURT,
J.
cc: St~pfien J. Barcavage, Esquire -Counsel for Mother
onn A. Snyder, Esquire -Counsel for Father
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ANGELA ZIMMERMAN
Plaintiff
vs.
KEITH BUSHEY
Defendant
Prior Judge: J. Wesley Oler
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2007-5655 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
Kenneth Cole Bushey June 8, 2004
Mother/Father
2. A custody conciliation conference was held on July 30, 2010, with the following individuals
in attendance: the Mother, Angela Zimmerman, with her counsel, Stephen J. Barcavage, Esquire, and
the Father, Keith Bushey, with his counsel, Lorin A. Snyder, Esquire.
3. This Court previously entered Orders in this matter on June 6, 2008 and December 14, 2009
under which the parties share having physical custody of the Child.
4. The Mother filed a Petition to Modify as she married in May, 2010 and moved from the
Mechanicsburg School District, where the Child had gone to Kindergarten in the past year, to the
Central Dauphin School District. The Father filed a Petition for Modification seeking to continue the
Child's enrollment in the Mechanicsburg School District.
5. At the conference, the parties discussed the possibility of continuing to share custody with
various school options. The conciliator agreed to hold the matter open until the Mother and her
counsel could discuss the advisability of each option further. By letter dated August 27, 2010, the
Mother's counsel requested that a hearing be scheduled.
6. The Mother's position on custody is as follows: The Mother seeks primary physical custody
to enable the Child to have a home base when beginning first grade. The Mother believes that the
Father's Tuesday and Thursday overnights create instability while the Child is in school. The Mother
expressed concern that the Child often stays at four different homes each week including the Mother's
home, the Father's home, the Father's girlfriend's home and the paternal grandparents' home. The
Mother seeks to enroll the Child in the Central Dauphin School District and to obtain a primary
custodial schedule.
7. The Father's position on custody is as follows: The Father believes that it would be best for
the Child to remain enrolled in the Mechanicsburg School District where he attended Kindergarten.
The Father denied that the Child spends time in three different residences while in his custody and
indicated that the Child resides mainly with the Father during those times. The Father believes that the
Child has strong roots in the Mechanicsburg area and the Father wants to be more involved in the
Child's schooling than would be possible if the Child attends school in Central Dauphin.
8. The conciliator recommends an Order in the form as attached scheduling a hearing on the
primary custody issue. While this matter has previously been assigned to Judge Oler who entered prior
agreed upon Orders, it should be noted that the Father's counsel Lorin A Snyder Esquire clerked
briefly for Judge Oler in the past. It is anticipated that the hearing will require at least one-half day.
1
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Date Dawn S. Sunday, Esquire
Custody Conciliator
ANGELA ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION -LAW
KEITH BUSHEY,
Defendant NO. 07-5655 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 5~' day of October, 2010, upon agreement of counsel, the hearing
previously scheduled in the above matter for November 29, 2010, is rescheduled to
Thursday, January 20, 2011, at 1:30 p.m., in Courtroom No. 1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
teven J. Barcavage, Esq.
2595 Interstate Drive
Suite 101
Harrisburg, PA 17110
Attorney for Plaintiff
~orin A. Snyder, Esq.
129 South Pitt Street
Carlisle, PA 17013
Attorney for Defendant
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BY THE COURT,
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J. Wesley Oler, Jr. J.
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ANGELA ZIMMERMAN, IN THE COURT OF COMIV ON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.. CIVIL ACTION - LAW
KEITH BUSHEY,
Defendant : NO. 07-5655 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 3rd day of November, 2010, upon agr ement of counsel, the
hearing previously scheduled in the above matter for January 20, 2011, is rescheduled to
Monday, March 7, 2011, at 1:30 p.m., in Courtroom No. 1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
Esq.
Steven J. Barcavage
,
2595 Interstate Drive
Suite 101
Harrisburg, PA 17110
Attorney for Plaintiff
,i'Lorin A. Snyder, Esq.
129 South Pitt Street
Carlisle, PA 17013
Attorney for Defendant Y
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BY THE COURT,
/Wesley Ol'er, Jr.' J.
ANGELA ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
72 v CIVIL ACTION - LAW
2007-5655 CIVIL TERM
KEITH BUSHEY,
Defendant IN CUSTODY IN RE: PETITION FOR MODIFICATION
ORDER OF COURT
AND NOW, this 7th day of March, 2011, upon
consideration of Plaintiff's Petition To Modify Custody filed
July 2, 2010, and of Defendant's Petition for Modification of
Custody filed July 23, 2010, with respect to the parties' child,
Kenneth Cole Bushey (date of birth, June 8, 2004), and following
an initial period of hearing held on this date, which has not yet
been completed, the record shall remain open, and counsel are
requested to contact the Court's secretary for purposes of
scheduling an additional day of hearing in this matter.
It is noted that at the time of adjournment on
today's date the Plaintiff had presented her case-in-chief, and
Defendant was in the process of presenting his case-in-chief.
At the time of adjournment the Defendant was being subjected to
direct examination by his counsel. In addition, it is noted that
one exhibit had been introduced and admitted at the hearing in
the form of Plaintiff's Exhibit 1. No other exhibits had been
introduced or admitted.
Finally, it is noted that both counsel have
requested that the stenographer transcribe and file the notes of
testimony from today's proceeding.
By the Court,
4
Wesley aler,., J.
1.
4
,Stephen J. Barcavage, Esquire
2000 Linglestown Road
Suite 303 icy tAokel
Harrisburg, PA 17110 Cp?
For the Plaintiff 3 pig
/Lorin A. Snyder, Esquire
129 South Pitt Street
Carlisle, PA 17013
For the Defendant
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ANGELA ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
KEITH BUSHEY, ;
Defendant NO. 07-5655 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 15`h day of March, 2011, a further day of hearing in the above
matter is scheduled for Thursday, June 23, 2011, at 9:30 a.m., in Courtroom No. 1,
Cumberland County Courthouse, Carlisle, Pennsylvania.
Steven J. Barcavage, Esq.
2595 Interstate Drive
Suite 101
Harrisburg, PA 17110
Attorney for Plaintiff
Lorin A. Snyder, Esq.
129 South Pitt Street
Carlisle, PA 17013
Attorney for Defendant
0'pip MO.1 I e?
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BY THE COURT,
'FILED-OFFICE
?'F TIFIE RROTHONOt Afl f
2011 APP 28 P8 4: 0
CDMBERLAN' COUNT",'
PENNSYLVANIA,
ANGELA ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-5655
KEITH BUSHEY, CIVIL ACTION - CUSTODY
Defendant/Respondent
OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.1
Angela Zimmerman, Plaintiff, objects to the proposed subpoena that is attached to these objections
for the following reasons:
1. Subpoena is untimely as trial has already commenced;
2. Subpoena is overly broad and vague; and
3. Responding Counsel will be precluded from conducting any necessary additional
Discovery based on the contents of the documents subpoenaed.
OWENS BARCAVAGE & McINROY, LLC
Dated:
By- "tl //5_2)
t J arcavage, Esquire
Att y for Plaintiff
ID# 78867
2595 Interstate Drive
Suite 101
Harrisburg, PA 17110
717-909-2500
ANGELA ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07 - 5655
KEITH BUSHEY, :
Defendant CIVIL ACTION - CUSTODY
SUBPOENA TO PRODUCE DOCUMENTS
TO: Chief James Adams
Upper Allen Police Department
100 Gettysburg Pike
Mechanicsburg, PA 17055
Within twenty (20) days after service of this subpoena, you are ordered by the Court to
produce the following documents or things: Any and all records concerning Kenneth Bushey.
You may mail or deliver legible copies of the documents requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed
below. You have the right to seek in advance the reasonable cost of preparing the copies of the
items sought.
If you fail to produce the documents or things required by this subpoena within twenty
(20) days after its service, the party serving this subpoena may seek a court order compelling
you to comply with it.
This subpoena was issued at the request of the following person:
TURO ROBINSON
Lorin Andrew Snyder, Esquire
129 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Supreme Court ID# 203199
Attorney for Plaintiff
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
OFFICIAL NOTE: This form of subpoena shall be used whenever a subpoena is issuable,
including hearings in connection with depositions and before arbitrators, masters,
commissioners, etc. in compliance with Pa.R.C.P. No. 234.1. If a subpoena for production of
documents, records or things is desired, complete paragraph 2.
?17
CERTIFICATE OF SERVICE
AND NOW, this 28 h of April 2011, I, Stephen J. Barcavage, Esquire, Attorney for
Plaintiff, hereby certify that I have this day sent a copy of Plaintiff s objections to Defendant's
proposed subpoena by hand delivery and depositing a certified copy of the same in the United
States mail, postage prepaid addressed to:
Lorin Andrew Snyder, Esquire
Turo Law Offices
28 S. Pitt Street
Carlisle, PA 17013
e arcavage
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ANGELA ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
KEITH BUSHEY,
Defendant NO. 07-5655 CIVIL TERM
ORDER OF COURT
AND NOW, this 2 7 day of June, 2011, upon consideration of Plaintiff's Petition
To Modify Custody, filed July 2, 2010, and of Defendant's Petition for Modification
of Custody, filed July 23, 2010, with respect to the parties' child, Kenneth Cole
Bushey (d.o.b. June 8, 2004), and following a hearing held on March 7, 2011, and
June 23, 2011, it is ordered and directed as follows:
1. Except as modified hereafter, the custodial orders of court
presently in effect shall remain in full force and effect.
2. Commencing with the 2011-121 school year, the child shall
attend the Paxtonia Elementary School in the Central Dauphin School
District.
3. Because of prior unpleasantries involving third parties at
custody exchanges, only the parties and child shall speak at such
exchanges; and
4. Neither party shall secrete the location of the child from the
other party.
CL. o
BY THE COURT,
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Steven J. Barcavage, Esq.
2595 Interstate Drive
Suite 101
Harrisburg, PA 17110
Attorney for Plaintiff
Lorin A. Snyder, Esq.
129 S. Pitt Street
Carlisle, PA 17013
Attorney for Defendant
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ANGELA IMMERMAN, IN THE COURT OF COMMON PLEAS OF
Plai tiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KEITH B SHEY, ;
Defendant NO. 07-5655 CIVIL TERM
AMENDED ORDER OF COURT
NOW, this 30th day of June, 2011, the prior order of court entered in this
matter c n June 27, 2011, is hereby amended so that Paragraph 2 reads as follows:
2. Commencing with the 2011-12 school year, the child shall
id the Paxtonia Elementary School in the Central Dauphin School
IN ?LL OTHER respects, the order dated June 27, 2011, shall remain in full
force and e
t' Steven J. B cavage, Esq.
2595 Interst ate Drive
Suite 101
Harrisburg, A 17110
Attorney fo Plaintiff
Lorin A. Snyder, Esq.
129 S. Pitt Street
Carlisle, PA 17013
Attorney fo Defendant
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BY THE COURT,
ANGELA ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
KEITH BUSHEY,
Defendant NO. 2007-5655 CIVIL TERM
IN RE: IN CUSTODY
ORDER OF COURT
AND NOW, this 23rd day of June, 2011, upon
consideration of the Plaintiff's Petition To Modify Custody filed
July 2, 2010, and the Defendant's Petition for Modification of
Custody filed July 23, 2010, with respect to the parties' child
Kenneth Cole Bushey (date of birth June 8, 2004), and following a
hearing held on March 7, 2011, and June 23, 2011, the record is
declared closed and the matter is taken under advisement.
By the Court,
? Stephen J. Barcavage, Esquire
2000 Linglestown Road, Ste 303
Harrisburg, PA 17110
For the Plaintiff
",'Lorin A. Snyder, Esquire
129 South Pitt Street
Carlisle, PA 17013
For the Defendant
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