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HomeMy WebLinkAbout08-1524IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, his wife, Plaintiffs No. IS-1-Y for 2008 IN CUSTODY vs. ANDREW J. PEIRCE and SABRINA L. PEIRCE, his wife, CIVIL ACTION - LAW Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a j udgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiffs KNIGHT & ASSOCIATES, P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, No. for 2008 his wife, Plaintiffs IN CUSTODY VS. ANDREW J. PEIRCE and SABRINA L. PEIRCE, his wife, CIVIL ACTION - LAW Defendant COMPLAINT FOR PRIMARY CUSTODY AND NOW, this 4`h day of February, 2008, come Plaintiffs, Robert Kush and Rhonda Kush, his wife, by and through their attorneys, Knight & Associates, P.C., and file the following Complaint for Primary Custody and in support thereof aver as follows: 1. Plaintiffs are Robert Kush and Rhonda Kush, his wife, who reside at 2226 Walnut Bottom Road, Carlisle, Pennsylvania 17015. 2. Defendants are Andrew J. Peirce and Sabrina L. Peirce, his wife, who reside at 378 Bedford Valley Road, Bedford, Pennsylvania 15522. 3. The Plaintiffs seek primary custody of the following child: Name Present Residence Awe D/O/B Kurina M. Peirce 2266 Walnut Bottom Road 10 2/10/1998 Carlisle, PA 17015 Kurina was born out of wedlock. Kurina is presently in the physical custody of the Plaintiffs. During the past five years, Kurina has resided with the following persons and at the following addresses: a. From 2003 to an unknown date in 2004 with Defendant Sabrina Peirce and Kurina's biological father, William Gravenstein in Lavale, Maryland; b. From an unknown date in 2004 to an unknown date in 2005 with Defendant Sabrina Peirce, William Gravenstein, and Sabrina Peirce's friends, Tommy and Andrew, at 1004 Green Gables, Short Gap, West Virginia; C. From an unknown date in 2005 to June 15, 2007 with Defendants at 378 Bedford Valley Road, Bedford, Pennsylvania; and d. From June 15, 2007 to present with the Plaintiffs at 2266 Walnut Bottom Road, Carlisle, Pennsylvania. The maternal grandmother and step-grandfather of Kurina are the Plaintiffs, Robert Kush and Rhonda Kush, who reside at 2266 Walnut Bottom Road, Carlisle, Pennsylvania. The mother of Kurina is Defendant, Sabrina L. Peirce and she currently resides at 378 Bedford Valley Road, Bedford, Pennsylvania. She is married to Defendant Andrew J. Peirce. The father of Kurina is Defendant, Andrew J. Peirce and he currently resides at 378 Bedford Valley Road, Bedford, Pennsylvania. He is married to Defendant Sabrina L. Peirce. 4. The relationship of Plaintiffs to Kurina is that of maternal grandmother and step- grandfather. They currently reside with Kurina. 5. The relationship of Defendants to Kurina is that of father and mother. Defendants currently reside with Defendant Sabrina Peirce's children, Avery and Emily Peirce. 6. Plaintiffs have not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of Kurina in this or another court. The Plaintiffs have no information of a custody proceeding concerning the custody of Kurina in this or any other court. The Plaintiffs do not know of a person not a party to the proceedings who has physical custody of Kurina or claims to have custody or visitation rights with respect to her. 7. The best interests and permanent welfare of Kurina will be served best by granting the relief requested because: a) The Plaintiffs have cared for and lived with Kurina since June of 2007; b) The Plaintiffs provide Kurina with a home with adequate moral, emotional and physical surroundings as required to meet her needs; C) The Plaintiffs are, and have always been, willing to accept custody of Kurina; d) The Plaintiffs continue to exercise parental duties and responsibilities and enjoy the love and affection of Kurina; and e) The Plaintiffs provides a more stable home environment. f) The Plaintiffs need legal custody in order to provide healthcare and health insurance for Kurina. g) Kurina has established strong psychological bonds with the Plaintiffs. h) The Plaintiffs have assumed a stature like that of a parent in the eyes of Kurina. i) The Plaintiffs stand in loco parentis to Kurina. 8. Each parent whose parental rights to Kurina have not been terminated and the person who has physical custody of Kurina has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of Kurina. 9. Plaintiffs request the following: Plaintiffs and Defendants shall share legal custody of Kurina. Plaintiffs shall be granted primary physical custody of Kurina subject to Defendants' periods of partial custody as agreed upon by the parties. WHEREFORE, Plaintiffs respectfully request Your Honorable Court grant them shared legal custody and primary physical custody of Kurina M. Peirce. Respectfully submitted, & ASSOCIA 'S'ean M. Shultz, s ire ` Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, No. for 2008 his wife, Plaintiffs IN CUSTODY VS. ANDREW J. PEIRCE and SABRINA L. PEIRCE, his wife, CIVIL ACTION - LAW Defendant VERIFICATION We verify that the statements made in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. Robert Kush lon a Kush -?f?- C: CS _ K.a Co 11 RR J I T le, tp ^C ROBERT KUSH AND RHONDA KUSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1524 CIVIL ACTION LAW ANDREW J. PEIRCE AND SABRINA L. PEIRCE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 13, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 24, 2008 at 9:30 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/ Hubert X. Gilroy, 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 31 ?Z Ir#d C I NVW BOOZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, his wife, Petitioners VS. ANDREW J. PEIRCE and SABRINA L. PEIRCE, his wife, No. 1524 for 2008 IN CUSTODY CIVIL ACTION - LAW Respondents : EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, this 17`h day of March, 2008, come Petitioners, Robert Kush and Rhonda Kush, his wife, by and through their attorneys, Knight & Associates, P.C., and file the following Emergency Petition for Special Relief and in support thereof aver as follows: 1. Petitioners are Robert Kush and Rhonda Kush, his wife, who reside at 2226 Walnut Bottom Road, Carlisle, Pennsylvania 17015. 2. Petitioners are the maternal step-grandfather and grandmother of the minor child, Kurina M. Peirce, ("Kurina") born February 10, 1998. 3. Respondents are Andrew J. Peirce and Sabrina L. Peirce, his wife, who reside at 378 Bedford Valley Road, Bedford, Pennsylvania 15522. 4. Respondents are the adoptive father and natural mother of Kurina. 5. Petitioners filed a Complaint for Primary Custody of Kurina on March 6, 2008. 6. A Custody Conciliation has been scheduled in the above-captioned matter for April 24, 2008, at 9:30 a.m. 7. Respondents are currently under investigation by Bedford County Children & Youth Services. 8. The investigation by Bedford County Children & Youth Services began on March 11, 2008, and will be pending for 60 days from that date. 9. The two younger children of Respondents were taken into protective custody by Bedford County Children & Youth Services during the pendency of the investigation. 10. Bedford County Children & Youth Services has put in place an Emergency Social Work Plan ("Safety Plan") that prohibits contact between Kurina and Respondent, Sabrina L. Peirce. A copy of the Safety Plan is attached hereto and made a part hereof as Exhibit A. 11. On Friday, March 15, 2008, the Respondent, Andrew J. Peirce, and the biological father of Kurina, whose parental rights have been terminated, attempted to remove Kurina from school at North Dickinson Elementary School. School officials did not allow her removal. 12. Undersigned counsel spoke to the solicitor of Bedford County Children & Youth Services, Barry R. Scatton, Esquire, on March 17, 2008. Attorney Scatton has informed undersigned counsel that their agency will seek to take Kurina into protective custody if the Petitioners are unable to assure Kurina's safety by securing legal custody of Kurina. Bedford County Children & Youth Services would prefer to leave Kurina in the custody of Petitioners. 13. Kurina has been in the care of Petitioners for more than six months. 14. Kurina has reported being fearful of Respondent, Sabrina L. Peirce. Kurina has alleged that her mother threatened her with a knife. 15. Kurina has been adamant in her desire to remain with Petitioners. A copy of a document typed by Kurina expressing her fear of Respondents, and her desire to stay with Petitioners is attached hereto and made a part hereof as Exhibit B. WHEREFORE, Petitioners respectfully request Your Honorable Court grant them temporary full legal and primary physical custody Kurina M. Peirce until the Conciliation in this matter takes place. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. ? T??/q 5 Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, No. 1524 for 2008 his wife, Petitioners IN CUSTODY VS. ANDREW J. PEIRCE and SABRINA L. PEIRCE, his wife, CIVIL ACTION - LAW Respondents VERIFICATION I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. This Verification is made by Petitioners' counsel based upon information provided by Petitioners to Petitioners' counsel regarding the factual averments contained herein. 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. Sean M. Shultz, Esq ire Exhibit A Mar.11. 2008 9:15AM Bedford County CYS No,3290 P. 2 BEDFORD COUNTY CHILDREN & YOUTH SERVICES ff ??°? 200 SOUTH JULIANA STREET, BEDFORD, PA 15522 Te(ephone: 814-623-4804 or 1-800-634-6395 (After Hours) 814-623-4804 Fax: 814-623-3013 EMERGENCY SOCIAL WORK PLAN CHILD PROTECTIVE SERVICE Child, s Name 1444,1,XD L? CPS # 6.-57-- a Z/ ,e - Child's D013 a /6 -9,f Parents notified: Hand-delivered Letter (Parent's name) Child's Ss# a34` '1.5-. ,10A.3 Mailed Letter L__.1 (Parent's name) The purpose of this social work plan is to ensure the safety of the child and identify the needs and problems related to the child that requires the separation of the child and the alleged perpetrator from one another until a reasonable evaluation and appropriate service plan can be developed- I. DETERMINATION AND RATIONALE OF RISK ASSESSMENT= This agency has determined the risk of harm to the child if he/she continues to remain in the existing home environment. A. B C. Is it safe for the child to remain in their home? Yes or No Please refer to safety plan outlined in Section III. Are there any other children in the home? Yes or _le.-- No If Yes, specify safety plan. The level of risk of harm to the child at this time with this safety plan being followed as outlined in Section III is determined to be: None Low v-' Moderate High Mar-17. 2008 9:16AM Bedford County CYS N o . 3 2 9 0 P. 3 Emergency Social Work Plan - CPS (Cont'd) Page 2 II. ALTERNATIVES OF SEPARATION OF CHILD(REN) AND ALLE GER PERPETRATOR, AND SAFETY PLAN: A.. Child remains in home with identified protecting parent/ caregiver B_ Alleged perpetrator leaves residence C. Parent and child leave residence D. Child leaves residence 1. Relative 2. Family Friend E. Family Abuse Act, Protection From Abuse Act F.. Emergency foster home placement (Emergency Shelter Placement Agreement) D scription of one of the above safety plans:. If the alleged perpetrator attempts to contact and/or remove the child or if the safety plan is not being followed, Bedford County Children & Youth Services will petition the court for Emergency Protective Custody to ensure the child's safety until the investigation is completed 111. PROTECTIVE CAREGIVER: A. The protecting parent/caregiver is: A6!AJ-- "L q -q -e o (Name) (DOB) (SS#) (Name) (DOB) (SS#) who is attempting to protect or who has not been involved in causing the above-described situation in Part I.. He/she agrees to the following: 1.. K he/ hey agree to ensure the child's safety during the course of Is investigation. 2. HetQThey understand and agree to follow the conditions of the safety plan for the child defined izx Section III. 31 He/ They agree to contact this agency immediately at 814-623- 4804 1.f the alleged perpetrator or anyone attempts to remove the child from his/her cage. Mar-17. 2008 9:16AM Bedford CountY CYS Emergency Social work Plan - CPS (Cont'd) No•3290 P. 4 Page 3 B. Special instructions to the adult caring for the c4ild as a result of the plan in Sec ion ITT.. As a result of the ecessity of a plan to se ate (Child's Name) from the physical pzesen a of on (All d Perpetrator's Name) (Date) afire to care for said child with the signed (Adult's Name) consent of one of t child's p rents until (Date) If the cons ing parent or alleged erpetrator attempts to remove the child fr your home before this d te, you have agreed to contact Bedfor County Children & Youth Servi es immediately by telephoning 8146 3-4804- Agency personnel are vailable 24 hours/day, 7 da /week. This may result in the caseworker pursuing emergency court or ered custody.. IV. SIGNATURES: My signature below indicates that I reviewed, understand, and agree to comply with this Emergency Social Work Plan. Paren Date Adult of where child is placed Date Other Date Caseworker Date /6MX41?_tj Supervisor .S 11--D 9 Date Revised 2/06 Exhibit B I'm Kurina when Ilived with Saibrina. She was going to put me in foster care. But her friend wanted to take me and I didn't want to go my mom was nevre nice and Angrew hit me hard and my mom late my sister and my bother hit me. I had marks every where on my body my mom hit me to she mostly nevre feed me. They love Emily and Avery more then they love me. And I hope I can stay with my Nanny she loves me so much she gives me a lot of love. I am realy happy here. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, No. 1524 for 2008 his wife, Petitioners IN CUSTODY VS. ANDREW J. PEIRCE and SABRINA L. PEIRCE, his wife, CIVIL ACTION - LAW Respondents CERTIFICATE OF SERVICE AND NOW, this 17" day of March, 2008, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Emergency Petition for Custody, by United States Mail, Certified, Restricted Delivery, Return Receipt Requested and by regular U.S. mail, postage pre-paid, addressed as follows: Andrew J. Peirce Sabrina L. Peirce 378 Bedford Valley Road Bedford, Pennsylvania 15522 Respondents Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Petitioners KNIGHT & ASSOCIATES, P.C. # Q nn O 9., p ? d Lo G ? T7 0 1 ROBERT KUSH and RHONDA KUKSH, Plaintiffs V. ANDREW J. PEIRCE And SABRINA L. PEIRCE, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1524 CIVIL TERM ORDER OF COURT AND NOW, this 18'x' day of March, 2008, upon consideration of Plaintiffs' Emergency Petition for Special Relief, a hearing is scheduled for Friday, April 11, 2008, at 10:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Pending the hearing, legal and physical custody of the child who is the subject of this action, Karina M. Peirce, shall be in Plaintiffs. BY THE COURT, Vc,-, J/ ? J. fiVesley Ole, Jr., J. Sean M. Shultz, Esq. 11 Roadway Drive Suite B Carlisle, PA 17015 Attorney for Plaintiffs ?A Andrew J . Peirce ` t Sabrina L. Peirce 378 Bedford Valley Road Bedford, PA 15522 Defendants, pro Se rc v ? E - Jet r?:. wU /? 0 C '6 V $1 8VW 8Oa1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, his wife, Plaintiffs V. ANDREW J. PEIRCE and SABRINA L. PEIRCE, his wife Defendants NO. 1524 for 2008 IN CUSTODY CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OFFICE: Kindly enter the appearance of the undersigned as counsel of record for Andrew & Sabrina Peirce, Defendants, in the above captioned matter. Phillip O. obertson, Esquire PA I.D. # 64412 109 Byron Avenue Altoona, PA 16602 (814) 942-4388 FAX (814) 942-1442 rn F:\User Folder\Firm DocsTlients Files\42061 Robert & Rhonda Kush\Documents\a6service2.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, No. 1524 for 2008 his wife, Plaintiffs IN CUSTODY VS. ANDREW J. PEIRCE and SABRINA L. PEIRCE, his wife, CIVIL ACTION - LAW Defendant AFFIDAVIT OF SERVICE I, Melvin Deremer, being duly sworn according to law depose and say that I served the Order of Court dated March 13, 2008, scheduling a Custody Conciliation for April 24, 2008, at 9:30 a.m., Complaint for Primary Custody, Emergency Petition for Special Relief and letter addressed to Sabrina L. Peirce dated March 17, 2008 in the above-captioned matter on Sabrina L. Peirce at 378' eqka(? V` P, , [ -? R_ b , Pennsylvania at o'clock, P.M. on the d! - day of r¢/?C?j , 2008. Melvin Deremer Swo and subscribe befor me this xzaa of 20( _CIV Notary Public ZsteMf K Cyrd Bin gham J. M istrict Judge 574M W Commission Expires 1 st Monday Jan.2M0 r-,a x ??y. ? r?`ae ^JJ ? ?? ?? yv4 '? }(.?" a ' ? ; s , . ######## CUSTODY CONTINUANCE REQ UEST ######## CAPTION ?&tj US CASE NO. 1V v?Z i' :2,00,? ?/I?YIC ?(?uslj This case is presently vs. scheduled for: DATE _ Q4 TIME J0.,0© ROOM 0 /:r-/ i / TYPE OF HEARING: Intake Conference Conciliation Pre Hearing Evidentiary _ Contempt y Special Relief Other (please specify) NUMBER OF PRIOR CONTINUANCES BY THE PLAINTIFF b -BY THE DEFENDANT REQUESTIN PARTY (Attorney or Pro Se party) for p/VIIfIt- {Print) / Name of Client NOTIFIED CLIENT: (date) (Sign) agrees / objects to the request OPPOSING ARTY(IES) ttorney or Pro Se party) SLi +,Client (Print) agree / objects to the (sign) r uest (reason-attach h separate sheet) (Print) for. Client .(Sign) agrees / objects to the request (reason-attach separate sheet) --------- -------------------------------------------------------------- 0 R D E R AND NOW, this day of , civil continuance request is hereby granted / denied. Rescheduled for the day of o'clock .m., Courtroom , Judge CC: Original - Prothonotary BY THE COURT All Parties Listed Custody file 2Q?____, the above 2D at JUDGE IF LESS THAN TWO WEEKS, REASON FOR UNTIMELY FILING rr4 C=l FAUser Folder\Firm DocsTlients FJes\4206-1 Robert & Rhonda Kush\Documents\aff.service. wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, No. 1524 for 2008 his wife, Plaintiffs IN CUSTODY vs. ANDREW J. PEIRCE and SABRINA L. PEIRCE, his wife, CIVIL ACTION - LAW --r 3 -; Defendant ? c - AFFIDAVIT OF SERVICE ?- :: ?yA .1 .M I, Melvin Deremer, being duly sworn according to law depose and say that I served the Order of Court dated March 13, 2008, scheduling a Custody Conciliation for April 24, 2008, at 9:30 a.m., Complaint for Primary Custody, Emergency Petition for Special Relief and letter addressed to Andrew J. Peirce dated March 17, 2008 in the above-captioned matter on Andrew J. Peirce at 17O' - V / lt- PD_ .fie p -f b A 9 , Pennsylvania at /_1',_//0 o'clock, fF, m. on theolcl day of lr 4 RC h , 2008. Melvin Deremer SwoQaand subscribed befo e me this c `f day of _ a ?ic Notary Pub 'c H.Cyd Bingham, r.Mag? trictJudge570 2 *CwMssionExpires ondayJan.2010 s ROBERT KUSH and IN THE COURT OF COMMON PLEAS OF RHONDA KUKSH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. ANDREW J. PEIRCE And SABRINA L. PEIRCE, his wife, Defendants CIVIL ACTION - LAW NO. 08-1524 CIVIL TERM IN RE: PLAINTIFFS' EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 9ch day of April, 2008, upon consideration of Defendants' Request for Continuance, and with no objection from Sean M. Shultz, Esq., attorney for Plaintiffs, the hearing previously scheduled for April 11, 2008, is rescheduled to Friday, May 16, 2008, at 10:45 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Pending the hearing, legal and physical custody of the child who is the subject of this action, Karina M. Peirce, shall be in Plaintiffs. BY THE COURT, L/ean M. Shultz, Esq. I I Roadway Drive Suite B Carlisle, PA 17015 Attorney for Plaintiffs xillip Robertson, Esq. 109 Byron Avenue Altoona, PA 16602 Attorney for Defendants J. :rc U s-Vl Wd 6- ddv 8002 1QNOHiO6d 3W. -40 3Dj?4,QW . A r MAY 01200 ROBERT KUSH and RHONDA KUSH, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW ANDREW J. PEIRCE and SABRINA NO. 2008-1524 L. PEIRCE, Defendants IN CUSTODY COURT ORDER AND NOW, this day of ?O.> :::1 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The hearing scheduled on May 16, 2008, at 10:30 a.m. in Courtroom No. 1 of the Cumberland County Courthouse is cancelled. 2. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the 11`h day of June, 2008, at 9:30 a.m. The purpose of this hearing shall be to create a record and for the Court to determine whether Cumberland County should assume jurisdiction on this custody case or whether the matter should be referred to Bedford County. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the various issues that are pending, a list of witnesses who will be called to testify at the hearing, and a summary of the anticipated testimony of each witness. Additionally, since this case involves a jurisdictional issue, counsel should also refer the Court to any applicable statutes or Pennsylvania case law that would apply to this case. This Memorandum shall be filed at least five days prior to the mentioned hearing date. In the event the parties agree that Cumberland County shall have jurisdiction for determining custody, the hearing shall focus on the issue of who should have custody of the minor child. 3. Pending further of this Court, legal and physical custody of Kurina M. Peirce, born February 10, 1998, shall continue pursuant to this Court's prior Order of April 9, 2008, with the maternal grandparents, Robert Kush and Rhonda Kush. The mother, Sabrina L. Peirce, shall enjoy periods of temporary physical custody with the minor child as follows: A. For a period of time pursuant to a schedule worked out between the parties or their legal counsel and to be a minimum of at least three to five hours every two weeks with no overnights at this point. This visitation shall be supervised with the parties to agree upon an individual who will provide the supervision. V INVAiI ASNN3d ?Z : I I WV 6- AVW 80DZ AWONOHiUldl3 3H13fl 301140-Q31Y B. It is noted that this Order shall not impact the ability of either party to assert a jurisdictional or venue issue with respect to this case. Additionally, the mother's agreement to supervised visitation is not deemed to be an acknowledgment by her at this point that supervision is necessary in this case. BY THE COURT, cc: an Shultz, Esquire hillip Robertson, Esquire E.S rn? t I s`4?? ROBERT KUSH and RHONDA KUSH, Plaintiffs v ANDREW J. PEIRCE and SABRINA L. PEIRCE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-1524 IN CUSTODY Prior Judge: Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Kurina M. Pierce, born February 10, 1998 2. A Conciliation Conference was held on April 24, 2008, with the following individuals in attendance: The maternal grandparents, Robert Kush and Rhonda Kush, and their counsel, Sean M. Shultz, Esquire, and the mother, Sabrina L. Peirce, with her counsel, Phillip Robertson, Esquire 3. This case has somewhat of a convoluted procedural history with an issue on whether the case should be handled in Bedford County or in Cumberland County. There are proceedings pending in both counties. Based upon the history of the case and on the recommendation of the Custody Conciliator, the parties agreed to an entry of an Order in the form as attached. Date: April 2008 Hubert X. Gi oy, Esquire Custody C ciliator ROBERT KUSH and RHONDA KUKSH, Plaintiffs V. ANDREW J. PEIRCE And SABRINA L. PEIRCE, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1524 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of June, 2008, upon agreement of Sean M. Shultz, Esq., attorney for Plaintiffs and Phillip Robertson, Esq., attorney for Defendants, the hearing previously scheduled for June 11, 2008, is rescheduled to Thursday, July 24, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Pre-hearing memoranda shall be filed at least five days prior to the hearing. Sean M. Shultz, Esq. 11 Roadway Drive Suite B Carlisle, PA 17015 /Attorney for Plaintiffs ? Phillip Robertson, Esq. 109 Byron Avenue Altoona, PA 16602 Attorney for Defendants :rc r ? a o8 BY THE COURT, (Z/,-, , iz? J esley Ol , Jr., I ? : I Wd C- or OGOZ AbViUa( ,-'":;d 3Hi JO ROBERT KUSH and RHONDA KUSH, Plaintiffs V. ANDREW J. PEIRCE And SABRINA L. PEIRCE, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1524 CIVIL TERM TEMPORARY ORDER AND NOW, this 14'h day of August, 2008, upon consideration of Plaintiffs' Complaint for Primary Custody, and of Plaintiffs' Emergency Petition for Special Relief, with respect to the grandchild of Plaintiff Rhonda Kush, and child of Defendants, Kurina M. Peirce (d.o.b. February 10, 1998), and following an initial period of hearing held on July 24, 2008, which has not yet been completed, it is ordered and directed as follows, pending further order of court: 1. Primary physical custody of the child shall be in Plaintiff Rhonda Kush; 2. Temporary or partial physical of the child shall be in Defendants as follows: a. During the summer of 2008, (1) From Saturday, August 16, 2008, at 6:00 p.m. until Sunday, August 17, 2008, at 7:00 p.m.; (2) From Friday, August 29, 2008, at 6:00 p.m. until Monday, September 1, 2008, at 7:00 p.m. b. During the school year of 2008, (1) On alternating weekends, from Friday at 7:00 p.m. until Sunday at 7:00 p.m.; (2) On Thanksgiving Day from 6:00 p.m. until the following Sunday at 7:00 p.m.; 81 .7, d ? # 519V SO Z : ?': c DIU 3. Defendants' periods of temporary or partial custody shall be supervised by either Morgan Peirce, Justine Peirce, Cathy Peirce or Ryan Warnick; 4. No party shall subject the child to corporal punishment or belittle her verbally; 5. The custodial party shall permit the noncustodial party to have reasonable telephone contact with the child; 6. Transportation for purposes of custody exchanges shall be the responsibility of the party yielding custody; 7. Nothing herein is intended to prohibit the parties from deviating from the terms of this order by mutual consent; and 8. The custodial terms of any protection from abuse order shall supersede those of this order. /an M. Shultz, Esq. 11 Roadway Drive Suite B Carlisle, PA 17015 Attorney for Plaintiffs /hillip Robertson, Esq. 109 Byron Avenue Altoona, PA 16602 Attorney for Defendants :rc J BY THE COURT, esley Ole W, Jr., J. r p, c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, Plaintiffs NO. 08-1524 CIVIL TERM V. ANDREW J. PEIRCE and SABRINA L. PEIRCE Defendants TYPE OF COURT: FAMILY COURT TYPE OF DOCUMENT: PETITION FOR SPECIAL RELIEF FILED ON BEHALF OF: SABRINA PEIRCE PLAINTIFF COUNSEL FOR FILING PARTY: PHILLIP O. ROBERTSON ESQUIRE 109 BYRON AVENUE ALTOONA, PA 16602 (814) 942-4388 PA I.D. # 64412 COUNSEL FOR OPPOSING PARTY: SEAN M. SHULTZ, ESQUIRE 11 ROADWAY DRIVE SUTE B CARLISLE PA 17015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, Plaintiffs NO. 08-1524 CIVIL TERM V. ANDREW J. PEIRCE and SABRINA L. PEIRCE Defendants PETITION FOR SPECIAL RELIEF 1. The Petitioner is Sabrina Peirce, an adult individual who resides at 378 Bedford Valley Rd, Bedford PA 15522. 2. The Respondent is Rhoda Kush, represented by Attorney Sean M. Shultz. 3. The Petitioner is the natural mother of one Kurina Peirce, DOB, 02/10/1998. 4. The Respondent is the maternal grandmother of subject minor child and pursuant to an order date August 14, 2008, has temporary primary custody of the child. Attached as Exhibit A. 5. The Petitioner receives every other weekend from Friday until Sunday. 6. There is an ongoing custody dispute between the parties and further hearing is set for December 1, 2008. 7. The Respondent had originally filed a Petition for Special Relief and was granted Ex parte custody on allegations by the child that Petitioner had sexually and physically abused her for a period of time. 8. Bedford County Children & Youth (CYS) and the State Police investigated all allegations of abuse and found no evidence thereof and "unfounded" said allegations. 9. The minor child on visitation with the Petitioner on the weekend of August 29th, finally confided to the Petitioner and the supervisors that she had been untruthful concerning all allegations of the Petitioner. 10. The Petitioner promptly called Bedford County CYS and Caseworker, Lisa Cairo and Bonnie Clark, came to the residence to talk to Kurina. 11. Kurina told the caseworkers that allegations concerning her mother's abuse and/or her neglect were false and she wanted to come back home and live with her mom, but was afraid to hurt her grandma's feelings. 12. The Petitioner avers that the temporary order from April and modified in August is no longer necessary as the child has recanted to Bedford County CYS the abuse allegations of the mother. 13. If there was no abuse by the Petitioner, the Petitioner should have custody of the child desires to return home at this point in time. 14. Bedford County Children & Youth is still involved in providing services to the Peirce family, therefore, there would be continued involvement as mother agrees that the child needs extensive counseling. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to hold a hearing as soon as possible and to award custody back to the mother based on the recantation of abuse allegations by the daughter of the mother. RESPECTFULLY SUBMITTED: LAW OFFICES OF DESPOY 8v ROBERTSON Phillip O. obertson, Esquire Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, Plaintiffs NO. 08-1524 CIVIL TERM V. ANDREW J. PEIRCE and SABRINA L. PEIRCE Defendants VERIFICATION I verify that the statements made in this Petition 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: /5 V z!iaarina reirce ROBERT KUSH and RHONDA KUSH, Plaintiffs V. ANDREW J. PEIRCE And SABRINA L. PEIRCE, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION - LAW NO. 08-1524 CIVIL TERM TEMPORARY ORDER AND NOW, this 14a` day of August, 2008, upon consideration of Plaintiffs' Complaint for Primary Custody, and of Plaintiffs' Emergency Petition for Special Relief, with respect to the grandchild of Plaintiff Rhonda Kush, and child of Defendants, Kurina M. Peirce (d.o.b. February 10, 1998), and following an initial period of hearing held on July 24, 2008, which has not yet been completed, it is ordered and directed as follows, pending further order of court: 1. Primary physical custody of the child shall be in Plaintiff Rhonda Kush; 2. Temporary or partial physical of the child shall be in Defendants as follows: a. During the summer of 2008, (1) From Saturday, August 16, 2008, at 6:00 p.m. until Sunday, August 17, 2008, at 7:00 p.m.; (2) From Friday, August 29, 2008, at 6:00 p.m. until Monday, September 1, 2008, at 7:00 p.m. b. During the school year of 2008, (1) On alternating weekends, from Friday at 7:00 p.m. until Sunday at 7:00 p.m.; (2) On Thanksgiving Day from 6:00 p.m. until the following Sunday at 7:00 p.m.; EXHIBIT . 3. Defendants' periods of temporary or partial custody shall be supervised by either Morgan Peirce, Justine Peirce, Cathy Peirce or Ryan Warnick; 4. No party shall subject the child to corporal punishment or belittle her verbally; 5. The custodial party shall permit the noncustodial party to have reasonable telephone contact with the child; 6. Transportation for purposes of custody exchanges shall be the responsibility of the party yielding custody; 7. Nothing herein is intended to prohibit the parties from deviating from the terms of this order by mutual consent; and 8. The custodial terms of any protection from abuse order shall supersede those of this order. BY THE COURT, i r J? *esley Ole" Jr., J. Sean M. Shultz, Esq. 11 Roadway Drive Suite B Carlisle, PA 17015 Attorney for Plaintiffs P ' ip Robertson, Esq. 9 Byron Avenue Altoona, PA 16602 Attorney for Defendants rc CV. ? t =Ml -Ti L 1 ti..? 3: ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, Plaintiffs NO. 08-1524 CIVIL TERM V. ANDREW J. PEIRCE and SABRINA L. PEIRCE Defendants AFFIDAVIT OF SERVICE I, Phillip O. Robertson, hereby certify, that I have made service of the Special Relief Petition by First Class Mail. Service was accomplished on the SA day of , 2008 at the address indicated below. Sean M. Shultz, Esquire 11 Roadway Drive, STE B Carlisle PA 17015 LAW OFFICES OF DESPOY 8a ROBERTSON . hillip O. Robertson, Esquire 109 Byron Avenue Altoona, PA 16602 (814) 942-4388 PA I.D. # 64412 1I J ?? ?. co ROBERT KUSH and RHONDA KUSH, Plaintiffs V. ANDREW J. PEIRCE and SABRINA L. PEIRCE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1524 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of September, 2008, upon consideration of Sabrina Peirce's Petition for Special Relief, and the Court being unable to scheduled this matter anytime prior to the custody hearing scheduled for December 1, 2008, 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 for an expedited conciliation conference. /Sean M. Shultz, Esq. 11 Roadway Drive Suite B Carlisle, PA 17015 Attorney for Plaintiffs Philip Robertson, Esq. 109 Byron Avenue Altoona, PA 16602 Attorney for Defendants BY THE COURT, J[Wesley O Jr., J. Court Administrator -`?"j m -a S ,tcJ me 0013t " rTj-, %-Lk 9//S/4!5 0 ?L-Z? C Z •8 WV S 1 AS # IONOr1aJ` d lU ? ?40 -MlU ROBERT KUSH AND RHONDA KUSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1524 CIVIL ACTION LAW ANDREW J. PEIRCE AND SABRINA L. PEIRCE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, September 18, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 03, 2008 at 9:30 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/ Hubert X. Gilroy, Esq. V Custody Conciliator _rr__ 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 'VI' NVA-V,SNN?d ,t1.NCli 00 :E Wd 81 d3S BOOZ 1W'IQNU+ liG[dd Mi JO 30HUO-031H I SEP 2 4 2008 Ali ROBERT KUSH and RHONDA KUSH, Plaintiffs v ANDREW J. PEIRCE and SABRINA L. PEIRCE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-1524 IN CUSTODY COURT ORDER AND NOW, this I ?daY of September, 2008, upon consideration of the attached Custody Conciliation Report and Stipulation/Order attached hereto, the attached "Order" is incorporated as an Order of Court pursuant to the signatures of the parties confirming the Order. This Order shall be considered a Court Order and subject to modification only by further agreement of the parties or by further Order of Court. BY THE COURT, G4l 1-'> J, Wesley Oler, J cc: Sean M. Shultz, Esquire Phillip O. Robertson, Esquire ,qND !Pill Ii 6 0 .11 WV 1-1300001 MVIU U- -LOdd 3H i. JO FROM DESPOV & ROBERTSON LAW OFFICES (FROSEP 18 2008 14:04/ST.14:02/No.7521885448 P 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, Plaintiffs V. ANDREW J. PEIRCE and SABRINA L. PEIRCE Defendants AND NOW, this ___ day of NO, 08-1524 CIVIL TERM IN CUSTODY CIVIL ACTION-LAW ORDffit 2008, the parties have come before it on an Agreed Custody Order it is: ORDERED, DMZCTED, AND DZ : the parties, in consideration of the mutually made and to be kept promises set forth herein and intending to be legally bound, do hereby covenant, promise and agree as follows: 1. Parents, Sabrina & Andrew Peirce, shall have sole legal custody of Kurina. 2. Parents, Rhonda & Robert Kush, shall have primary physical custody of Kurina subject to Grandparents' periods of partial custody as follows. a.) Every other weekend from Friday at 8:00 p.m. until Sunday at 8:00 p.m.; and b.) Any other times mutually agreeable. 3. Transportation shall be shared between the parties by mutual agreement with the first option being the parties meeting at the McDonald's in Hagerstown, Maryland. 4, The custodial party shall permit the non-custodial party to have reasonable telephone contact with Kurina. 09/19/2008 11:37 7172490457 KNIGHT & ASSOCIATES PAGE 03/03 M S. No party shall disparage any other party to Kurina and they shall prevent Kurina from being exposed to third parties disparaging any other party. 6. '1 Ws Order is temporary in nature until a full custody agreement and stipulation is prepared and its main purpose is to allow Defendants to register Kurina in school in the Bedford County School District. 7. The Plaintiffs agree that the minor child, Kurina, should be enrolled in the school district in which the Defendants reside. 8. This Order is temporary in nature until further hearing or further agreement. 9. All prior court orders regarding custody in this matter are hereby vacated and void. IN WITNESS WHERBOF, the parties have set their hands and seals the day and year first above written. WITIMSSED BY: oj?lq?, \\? Andre J. P `J _U Q . 0i fl Sabrina L. Pearce 0. S e/. Rh da Kush • ue-x h ". Robert Kush ROBERT KUSH and RHONDA KUSH, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ANDREW J. PEIRCE and SABRINA L. PEIRCE, Defendants Prior Judge: Honorable J. Wesley Oler, Jr. NO. 2008-1524 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The parties submit the attached Order/Stipulation to the Conciliator for submission to the Court to incorporate as an Order of Court. n /2 Date: September, 2008 /4/ cl/ Hubert K. Gilroy, E uire Custody Concilia r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, his wife, Plaintiff V. NO. 1524 for 2008 ANDREW J. PEIRCE and SABRINA L. PEIRCE, his wife, Defendant : TYPF_, OF COURT: FAMILY COURT TITLE OF PLEADING: CUSTODY AGREEMENT ASSIGNED OR PRESIDING JUDGE: COUNSEL FOR PLEADING: PHILLIP O. ROBERTSON, ESQUIRE 109 BYRON AVENUE ALTOONA, PA 16602 (814) 942-4388 PA I.D. # 64412 OPPOSING COUNSEL or PARTY: SEAN SHULTZ, ESQUIRE KNIGHT AND ASSOCIATES P.C. I1 ROADWAY DRIVE, STE B CARLISLE, PA 17015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, his wife, Plaintiff V. NO. 1524 for 2008 ANDREW J. PEIRCE and SABRINA L PEIRCE, his wife, Defendant CUSTODY AGREEMENT AND NOW, this agreement, made this _2(1_4-h day of N mj , 2008, by and between Robert Kush and Rhonda Kush, his wife, of 2226 Walnut Bottom Road, Carlisle, Pennsylvania, hereinafter referred to as "grandparents", and Andrew J. Peirce and Sabrina L. Peirce, his wife, at 378 Bedford Valley Road, Bedford, Pennsylvania, hereinafter referred to as "parents", or collectively referred to as the "parties". Whereas the parties desire to provide for custody of one (1) minor child, Kurina M. Peirce, hereinafter referred to as "Kurina", born February 10, 1998. Whereas the parties desire the provisions of the present Custody Agreement and Stipulation to be approved by this Honorable Court and entered as a Court Order with the same force and effect as though said order had been entered after Petition, Notice in Hearing. Now therefore the parties in consideration of the mutual made and to be kept promises, set forth here in for good other good and valuable consideration, intending to be legally bound, do hereby covenant, promise and agree to as follows: I . Parents shall have sole physical and legal custody of said minor child, Kurina M. Peirce, date of birth February 10, 1998. Grandparents shall have the right of visitation upon mutual consent of Kurina and the parents. 2. Any and all prior custody orders in this matter are hereby vacated and declared null and void. Both parties agree that jurisdiction of this matter shall be in Bedford County in the event that any party files any petitions for modification. 4. The intent of this order is to permanently establish physically and legal custody with her Parents. 5. The hearing set for December 1, 2008, is hereby canceled. 6. The parties agree that this custody agreement's stipulation shall resolve all of the parties outstanding custody filings as of the date of execution, specifically the complaint for custody and the petition for special relief filed by the plaintiffs and any and all custody actions filed in both Cumberland County, and Bedford County, Pennsylvania. Both the parties agree that any future filings in this matter shall be through the Bedford County Court of Common Pleas as both parties acknowledge that jurisdiction in this matter is now and in the future would be Bedford County. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, his wife, Plaintiff V. NO. 1524 FOR 2008 ANDREW J. PEIRCE and SABRINA L. PEIRCE, his wife, Defendant JOINDER AND CONSENT In witness hereof, the parties have set their hands and seals to state the here and above written. ?nQ? " ROBERT USH RHONDA KUSH L R l - - ANDREW E CE SABRINA L. PEIRCE -z?-o $ DATE //- ( 0y DATE 0-zI .)tl DATE 2? 1 DA ._ ?? ? i _.? _ -•? i , .: f f _ F fuser Folder\Finn DocKlients Files\4206-1 Robert & Rhonda Kush\Documenrs\order.wpd l? CEC 0 12008 a, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT KUSH and RHONDA KUSH, his wife, Plaintiffs VS. ANDREW J. PEIRCE and SABRINA L. PEIRCE, his wife, Defendant No. 1524 for 2008 IN CUSTODY CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 2, 1 day of N"veemtrer, 2008, upon consideration of the attached Custody Agreement, the attached Custody "Agreement" is incorporated as an Order of Court pursuant to the signatures of the parties confirming the Agreement. This "Agreement" shall be considered a Court Order and subject to modification only per conditions in said Agreement, or by further Order of Court. It is further ordered that the hearing scheduled for December 1, 2008 is canceled. C) C