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HomeMy WebLinkAbout07-5749 Charles Maxwell Rush Plaintiff V. Jean Marie Rush Defendant 1. The Plaintiff is Charles Maxwell Rush, residing at 1251 Peggy Drive, Hummelstown, Dauphin County, Pennsylvania 17036 2. The Defendant is Jean Marie Rush, whose address is 302 Berkshire Road Mechanicsburg, Cumberland County, Pennsylvania 17055 3. Plaintiff seeks primary/shared/partial custody of the following children: Child Date of Birth Evan Flynn Rush June 3 1996 The child was not born out of wedlock. During the past five years, the child has resided In the Court of Common Pleas Cumberland County, Pennsylvania Civil Action - Law In Custody COMPLAINT FOR CUSTODY with the following persons and at the following addresses: NAME RESIDENCE DATES Defendant and Defendant's son Joseph Richard Toke (27 yrs old) Plaintiff & Defendant 302 Berkshire Road Mech PA 17055 same April 2007 to Present prior to above dates The Mother of the children is Jean Marie Rush and married to Charles Maxwell Rush. The Father of the child is Charles Maxwell Rush and married to Plaintiff, Jean Marie Rush. 4. The relationship of Plaintiff to the children is that of Father. 5. The relationship of Defendant to the children is that of Mother. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court except a prior PFA action docketed to 07-2167, Cumberland County , f . Court of Common Pleas. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested in as much as Defendant has failed to encourage the minor child to spend time with Plaintiff and has undertaken zero effort in ensuring and fostering Plaintiff's relationship with the minor child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. All other persons, named below, are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: N/A WHEREFORE, Plaintiff requests the court to grant primary/shared/partial custody of the child to Plaintiff with rights in Defendant. Respectfully submitted, MILLER LIPSITT LLC lGr ,la s H. miiier, tsquire 3 North 21St Street Camp Hill, PA 17011 (717) 737-6400 VERIFICATION I verify that the statements made in the attached divorce complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: I&Lx, & C rtes M Rush T 00 ? t ? iF7 _ . { CHARLES MAXWELL RUSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-5749 CIVIL ACTION LAW JEAN MARIE RUSH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 10, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 25, 2007 at 11:00 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. 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, _k.. Esq. 1 By: /s/ ,john-J. Mangan, 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 ell ,*j,v/0A SNN3d Lip .?1 Nd 01 1?0 t?OZ ,, OW " 116 CHARLES MAXWELL RUSH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5749 CIVIL TERM V. CIVIL ACTION - AT LAW JEAN MARIE RUSH, IN CUSTODY Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Jean Marie Rush, in the above-captioned matter. LAW OFFICE OF JOHN M. KERR, ESQUIRE OA?m V yo"_/ John M. Kerr, Esquire Attorney I.D.#26414 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 (717) 766-4008 Attorney for Defendant, Jean Marie Rush r M CHARLES MAXWELL RUSH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5749 CIVIL TERM V. CIVIL ACTION - AT LAW JEAN MARIE RUSH, IN CUSTODY Defendant CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Entry of Appearance," on the below-named individual in the manner indicated: First-Class Mail, Postage Prepaid James A. Miller, Esquire 356 North 21St Street Camp Hill, PA 17011 9'?L M, gw hn M. Kerr, Esquire Law Office of John M. Kerr, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 (717) 766-4008 Dated: February 29, 2008 rya {?Ct 6? •, C.,. ?"S"t „5... y4 ?'. ? , y rr? `; °=p.? ? G} v,?: ..? ?' LIAR 10 2006 n^V Cl, CHARLES M. RUSH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-5749 CIVIL ACTION LAW JEAN M. RUSH, IN CUSTODY Defendant ORDER OF COURT AND NOW this /I" day of March, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Charles M. Rush, and the Mother, Jean M. Rush, shall have shared legal custody of Evan F. Rush, born 6/03/1996. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing 3/14/08, Father shall have physical custody of the Child every other weekend from Friday 5:00 pm until Sunday 6:00 pm. b. Father shall have physical custody of the Child every Wednesday from 5:00 pm until 8:00 pm, or at such other times as agreed. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The Mother and Father shall share transportation for the custody exchanges with Father picking up the Child at the Turkey Hill convenience store near Mother's residence and Mother shall pick up the Child at Father's residence. It is understood and directed that the parents, or some other mutually acceptable third party, (and not the parties' significant others) share provide the transportation. 4. The custodial parent shall ensure, to the extent possible, that the Child's homework is completed for the following school day. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis through the Child's cellular telephone. 6. The parties shall endeavor to communicate as much as possible via electronic mail regarding custodial issues, vacation plans, school events, parent/teacher conferences, sporting events, notices, medical appointments and the like. 7. Holidays and Birthdays: The parents shall determine the Child's Birthday as mutually agreed upon. The parties shall alternate the major holidays of Memorial Day, Labor Day, Thanksgiving, Christmas Eve and Christmas Day. New Year's shall be mutually agreed upon. Father shall begin the holiday schedule with Memorial Day in 2008. The parties shall mutually agree the times for the holidays. It is understood that the parties may alter said holiday schedule as necessary or desired by agreement with two weeks' notice. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. The parties are directed to not involve the Child in discussions regarding custody issues or the other party's significant other. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. The Child shall continue with his individual counseling and the Father shall also participate with family counseling upon the recommendation of the therapist. The cost of said counseling, after appropriate payment by insurance shall be split between the parties. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. Vacation: Each parent shall have two weeks of vacation with the Child per year. The vacation periods shall not be consecutive for more than seven days. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 13. Relocation: The parties are litigating this custody action based upon the parties' residences in Cumberland County, Pennsylvania. If either party intends to establish residency outside of Cumberland, Dauphin, Perry or York Counties, Pennsylvania, he or she must give to the other parent at least sixty (60) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 14. This Order is entered pursuant to 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, Distribution: ?John Kerr, Esquire ?James Miller, Esquire ?John J. Mangan, Esquire LL nr? 61 :Z WJ l i Bw 8DDZ J0 TDI-Ib -03'113 F/ CHARLES M. RUSH, Plaintiff V. JEAN M. RUSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5749 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Evan F. Rush 6/03/1996 Mother 2. A Conciliation Conference was held with regard to this matter on March 7, 2008 with the following individuals in attendance: The Mother, Jean M. Rush, with her counsel John Kerr, Esq. The Father, Charles M. Rush, with his counsel, James Miller, Esq. 3. The parties agreed to the entry of an Order in the form as attached. (O ?U Date