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HomeMy WebLinkAbout08-1891ANTHONY P. RUSH, Petitioner v. AMY E. RUSH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OB- 1841 Civil lerwt : CIVIL ACTION -- CUSTODY Respondent NOTICE TO DEFEND 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 AN 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 JUDGMENT 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 John A. Davidson The Law Office of John A. Davidson 208 N. 3,d St. Suite 130 Harrisburg PA 17101 (717) 526-7850 JAD@JohnADavidsonesq.com ANTHONY P. RUSH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. AMY E. Crider, Respondent NO. I?-I : CIVIL ACTION -- CUSTODY PETITION FOR CUSTODY And Now Comes the Petitioner, Anthony P. Rush, an adult individual, by his attorneys, The Law Office of John A. Davidson. 1. Petitioner is Anthony P. Rush who currently resides at 18 Hummel Ave, Camp Hill, Cumberland County, Pennsylvania 17011, hereinafter "Petitioner" 2. Respondent is Amy E. Rush who currently resides at 810 Park St, Orangeburg, Orangeburg County, South Carolina 29115, hereinafter "Respondent". 3. The Petitioner is sui juris and has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Petition. 7. The parties are the parents of the following unemancipated children who reside(s) with the Plaintiff: NAME AGE SEX DATE OF BIRTH Anna Virginia Rush 9 F August 2, 1998 Alexander Malone Rush 5 M May 10, 2002 8. For the preceding five years; the child has resided at the following addresses: ADDRESS 903 S. 12th Street, Lebanon, PA 17046 Various Addresses with Respondent unknown to Petitioner Dates August 24, 2007 to Present March 2004 to August 23, 2007 110A Pintail Drive Summerville, SC 12 Marshall Drive Camp Hill, PA 17011 1485 Highway 61 Ridgeville, SC December 2003 to March 2004 May 2003 to November 2003 April 2001 to April 2003 9. Petitioner and Respondent were parties to a divorce action in the County of Bamberg in South Carolina which awarded custody to the Respondent. The order is attached hereto as Exhibit A. 10. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child/children or who claims to have custody, partial custody or visitation rights with respect to the child/children. 2 11. The best interests and permanent welfare of the child/children will be served by granting the requested relief. WHEREFORE, Plaintiff respectfully requests that the court award the parties' shared legal custody further that primary physical custody be awarded to the Petitioner and that the respondent shall have 2 weeks of partial custody every summer. gy John A. Davidson ID # 200503 208 N. 3rd Street Suite 130 Harrisburg, PA 17101 Attorney for Anthony P. Rush Plaintiff Dated: zo oy 3 Verification I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 04v, Date Anthony P. sh Petitioner 4 EXHIBIT A STATE OF SOUTH CAROLINA ) COUNTY OF BAMBERG ) Amy E. Rush ) Plaintiff, ) -V- ) Anthony Paul Rush ) Defendant, ) ACIILYOURT SECOND JUD,I;C,IAL- CIRt MIT CL JliRT BAfTERCl, SC CASI Date of I-learing: Presiding .Judge: Attorney for Plaintiff: Defendant did not appear Guardian ad Litem: Court Reporter: __......___--- N O 6 5-221 URT ,;vut?,Y, Sty February 8, -007 Peter R Nuessle W. D. Rhoad IV R. Steven Chandler Hilda M. Jordan This action was commenced by the filing of a Summons and Complaint in the Clerk of Court's office for Bamberg County on December 18, 2006. The Complaint sought a divorce based on one year seperation as well as other related relief. The Defendant accepted service of the same as evidenced by the acceptance of service. -phis matter came before the Court on February 8, 2007. Present at the hearing were the Plaintiff, represented by her attorney, W. D. Rhoad IV. The Defendant did not appear. Also present was R. Steven Chandler, the guardian ad litem for Abigail Lavem Rush. Based upon the testimony presented, the pleadings and other matters appearing of record I make the following findings of fact and conclusions of law: FINDINGS OF FACT 1. 'The parties to this action are husband and wife, having been married to each other on September 27, 1997. Phi 2. The Plaintiff is a citizen and resident of the county of Bamberg, State of South Carolina and had been for a period in excess of three months prior to the cormencement of this action. 3. The Defendant is a citizen and resident of Pennsylvania and has been for a period in excess of three months prior to the commencement of this action. 4. That of this marriage two children were born, Anna Virginia Rush, DOB: 8- 2-98 and Alexander ]vl. Rush, DOB: 5-20-02. 5. That the parties last lived together as husband and wife in the State of South Carolina. 6. This Court has jurisdiction over the parties and subject matter hereto. 7. That the plaintiff has given birth to another child, Abigail Lavern Rush and R. Steven Chandler should be appointed to serve as Guardain Ad Litem for the minor child in this action. 8. The Guardain has had an opportunity to investigate the allegations surrounding whether or not the defendant is the father- of this child and he is satisfied that the Defendant in this action is not the father. The Guardians report is based-upon the fact that both parties to this action are white and this is a mixed race child and there is has been a finding of paternity in Charleston County naming Anthony B. Carpenter as the father of this child. 9. The Guardian in this case should be paid the sum of $250.00 for services rendered in connection with this case and that amount should be paid within 30 days of the date of this order. 10. -1 hat the plaintiff should be awarded eustodv of the minor children horn of this marriage. subject to reasonable visitation ri,ohts of the defendant. 1 1 . That the defendant should pay child support in the amount of `57.00 per week directly to the plaintiff, but if the Defendant is more than 5 days late with am, one payment then all future payments should be made through the Clerk of Bamberg County with 5% added for costs of collection. 12. Prior to the taking of any testimony an inquiry was made regarding the possibility of reconciliation and 1 find and certify that the marriage is irrevocably broken and that further efforts in this regard would be unavailing. 13. The Plaintiff is entitled to a divorce of and from the Defendant on the Urounds of one year seperation. 14. Both parties shall be awarded that portion or marital property in their possession, subject to any debt thereon, and pay debts incurred in their respective names as a full, final and complete award of marital property in accordance with the Equitable ;apportionment Act for the State of South Carolina. I5. Both parties shall be forever barred ii-om receiving or claiming ahmorly from the other. 16. Both parties shall be responsible for their respective attomey's fees and costs incurred in connection with this action. 17. The plaintiff wishes to resume the use of the name of Amy F:lizaheth Crider. I find that there is no intent on her part to avoid creditors or evade criminal prosecution, or other improper motives. This should therefore be granted. ?3 CONCLUSIONS OF LAW 1. The Plaintiff is entitled to a divorce of and from the Defendant on the grounds of one year seperation. 2. Plaintiff shall be given custody of the parties' minor children born of this marraige, subject to reasonable visitation rights to the defendant. 3. Defendant shall pay directly to the plaintiff the sum of 557.00 per week as child support. 4. The Defendant is not the father of Abigail I.,. Rush and the Guardian for this child should be paid 5250.00 for services rendered in connection with this case within 30 days of the date of this order. 5. Both parties are awarded that portion or marital property in their possession, subject to any debt thereon, and pay debts incurred in their respective names as a full, final and complete award of marital property in accordance with the Equitable Apportionment Act for the State of South Carolina. 6. Both parties shall be forever barred from receivinu or claiming alimony from the other. 7. Both parties shall be responsible for their respective attorney's fees and costs incurred in connection with this action. $. That the plaintiff be, and she hereby is authorized by the Court to resume the name of Amy Elizabeth Crider, and by such name she shall hereafter be known. ,)ko, AND IT IS ORDERED. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DIVISION OF VITAL RECORDS Columbia, South Carolina `J REPORT OF DIVORCE OR ANNULMENT OF MARRIAGE State File No. w D Q J_ J_ F- Z ?g I a: O w Z r o Q HUSBAND-NAME (first) (middle) (last) DATE OF BIRTH STATE OF BIRTH RESIDENCE ( tale) (county) (city) NUMBER OF THIS MARRIAGE RACE OR COLOR (specify) C ' (middle) (last) WIFE-MAIDEN NAME (first) DATE OF BIRTH STATE OF BIRTH II 7 8 9 RESIDENCE state) (county) (city) NUMBER OF THIS MARRIAGE RACE OR COLOR (specify) 1 12 PLACE OF THIS'MARRIAGE \- (state) (count) DATE OF MARRIAGE NUMBER OF CHILDREN UNDER 18 j (month) (day) (year) 13- (xL,? 14 15 PLAINTIFF (specify) DECREEE GRANTED TO (specify) WAS DIVORCE CONTESTED LEGAL GROUNDS (specify yes or no) 16 4 17 18 1 19 DATE DECREE SIGNED TYPE OF DECREE absolute divorce or annulment, (month) (day) (year) (specify) 20 21 MAIDEN NAME RESUMED BY DECREE SUPPLEMENTAL ORDER (if any) (month-day-year) 22a udres ?No 22b r\ COUNTY DOCKET NUMBER ...1 j` 23 r? 1(i /.... I /'. 24 I CERTIFY THAT THE-A OVE IS CORRECT ACCORDING TO THE RECORDS OF THIS COURT FILED ON: signature of clerk of court month day year 1 25 HUSBAND - SOCIAL SECURITY # WIFE - SOCIAL SECURITY tt 26 DHEC 0682 (08/1997) 27 I O J C'1 +v .? rl ANTHONY P. RUSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMY E. CRIDER DEFENDANT • 2008-1891 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 01, 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, August 01, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. G&o 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 Vi'? F?n1tY ? s;-I Soo, Ab t ?. - t ANTHONY P. RUSH, Plaintiff VS. AMY E. CRIDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-1891 IN CUSTODY COURT ORDER AND NOW, this (0 {-` day of August, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Anthony P. Rush, and the Mother, Amy E. Crider, shall enjoy shared legal custody of Anna Virginia Rush, born August 2, 1998, and Alexander Malone Rush, born May 10, 2002. 2. During the school year, Father shall enjoy primary physical custody of the minor children. 3. During the summer months, Father shall have physical custody for the first two weeks of the summer vacation, Mother shall have custody thereafter for the summer vacation, and Mother shall return the children to Father's primary custody two weeks before the first day school is scheduled to start. 4. The Christmas Holiday shall be alternated between the parties with Mother having custody on Christmas of 2008, and the parties alternating thereafter. 5. Assuming the timing is available, Mother shall also have custody of the minor children during the spring break of each year subject to the length of the break and the parties being able to make arrangements for transportation, etc. 6. In the event Mother is in the Pennsylvania area and gives Father reasonable notice, Mother shall be entitled to exercise physical custody with the children when she is Pennsylvania. 7. Mother shall also have temporary custody with the minor children at such other times as agreed upon by the parties. 8. Transportation for exchange of custody shall be shared with the parties meeting at a halfway point for exchange. 9. Father shall also make arrangements for the children to visit Mother for a period of time in August of 2008 before they go back to school. 10. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 131. Judge cc: A"? A. Davidson, Esquire Attorney for Plaintiff/Father V"'°. Amy E. Crider Pro Se Defendant/Mother v ` ? ,0 VINVA-IASNN3d 6E Z) Wd 9- sna oooz A8VlQNO H.iC8d 3HI ::RD-031H AUG 0 5 20086, ANTHONY P. RUSH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW AMY E. CRIDER, NO. 2008-1891 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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/children who is/are the subject of this litigation is as follows: Anna Virginia Rush, born August 2, 1998 Alexander Malone Rush, born May 10, 2002 2. A Conciliation Conference was held on August 1, 2008, with the following individuals in attendance: The mother, Amy E. Crider, who appeared via telephone without counsel, and the father, Anthony P. Rush, with his counsel, John A. Davidson, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: o g a )( '6/ Hubert X. Gilroy, E wire Custody Concilia r ANTHONY P. RUSH, Petitioner V. AMY E. CRIDER, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1891 Civil Term : CIVIL ACTION -- CUSTODY C.) N c: p ' )l 7 ? -- U y 0-1 < NOTICE TO DEFEND 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 AN 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 JUDGMENT 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 +'70-0o P A ATTV &Tf- qqq U*';ssaa John A. Davidson The Law Office of John A. Davidson 107 North Front St. Suite 117 Harrisburg PA 17101 (717) 238-4043 JAD@JohnADavidsonesq.com ANTHONY P. RUSH, Petitioner V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1891 AMY E. CRIDER, Respondent CIVIL ACTION -- CUSTODY PETITION FOR MODIFICATION CUSTODY And Now Comes the Petitioner, Anthony P. Rush, an adult individual, by his attorneys, The Law Office of John A. Davidson. 1. Petitioner is Anthony P. Rush who currently resides at 18 Hummel Ave, Camp Hill, Cumberland County, Pennsylvania 17011, hereinafter "Father". 2. Respondent is Amy E. Crider, now uses the name Amy E Akins who currently resides at 810 Park St, Orangeburg, Orangeburg County, South Carolina 29115, hereinafter "Mother" 3. The parties are the parents of the following unemancipated children who reside(s) with the Plaintiff: NAME AGE SEX DATE OF BIRTH Anna Virginia Rush 11 F August 2, 1998 Alexander Malone Rush 7 M May 10, 2002 4. 5. For the preceding five years; the children has resided at the following addresses: ADDRESS Dates 18 Hummel Ave, Camp Hill, Pennsylvania 17011 August 24, 2007 to Present Various Addresses with Respondent unknown to Petitioner March 2004 - August 23, 2007 On August 6, 2008 a Custody Order hereinafter "Order". The Order is attached hereto as Exhibit A. 6. On December 20, 2008, Father transported the children to the agreed exchange point. 7. On December 31, 2008 while Anna was in the custody of her Mother she spent the night with a daughter of a friend of Mother, Anna awoke due to a son of a friend of the Respondent fondling her chest under her shirt. 8. The Respondent had told Anna not to mention the incident of December 31, 2008. 9. On January 3, 2009, the Father was informed of the incident by the Respondent. 10. On January 29, 2009, Jackie Jurado, a Sexual Assault Counselor from the YWCA, visited Arena at her school. 11. On June 20, 2009 Father brought the children to the exchange point. Mother informed Father she would not have phone service until June 24, 2009. In fact Mother had no phone service until July 1, 2009, leaving Father with no way of contacting the 2 children. 12. During the summer visitation period Anna gained 33 pounds going from a weight of 120 pounds to 153 pounds. 13. During the Christmas visit, December 20, 2009 to January 5, 2010 Anna was in her Mother's custody Anna gained 15 pounds in the period of 15 days. 14. On January 3, 2009, Mother transported the Children to the exchange point in a van. The children were in the back of the van where there were no seats and no seat belts let alone a proper booster seat for Alex. 15. On January 2, 2010, the children were transported in an Oldsmobile Alexis, a 5 passenger vehicle. At the time there were 6 people in the vehicle (Mother, her husband?, The Children and her two children by her current husband. Two children shared on seatbelt. None of the children were in the required child or booster seats. 16. At some point in July 2009 while the Children were in South Carolina Mother spent a night in jail. The exact reason is unclear as Mother failed to notify father of the situation. 17. Father believes and therefore avers that Mother's driving privileges are under suspension. 18. Father believes that while the Children were visiting Mother she drives them around even though her driving privileges are suspended. 3 19. Father believes that Mother has inadequate housing for the Children. During the summer 2009 and Christmas 2009 periods of partial custody Mother lacked proper sleeping arrangements for the Children. 20. Father believes and therefore avers that Mother neglects the Children's personal hygiene. She lacks proper laundry facilities. She also refuses to allow the children to bathe themselves on a daily basis. 21. The best interests and permanent welfare of the child/children will be served by granting the requested relief. 4 WHEREFORE, Father respectfully requests that the court modify the existing order as follows: 1) Summer vacation start three weeks after the last week of school and end three weeks before the start of school. 2) All periods of partial custody for Mother be suspended until Mother files notice with the court of the following: a) Proof that her driving privileges have been restored. b) Proof that Mother carries at least the state required insurance. 3) Father may refuse to allow for the exchange of the children if Mother's vehicle lacks the appropriate number of seats and child and/or booster seats to transport the child legally. By -Lk V John A. Davidson ID # 200503 208 N. 3rd Street Suite 130 Harrisburg, PA 17101 Dated: Attorney for Anthony P. Rush Plaintiff ? d 5 Verification I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date Anthony P. sh Petitioner 6 EXHIBIT A w s t ANTHONY P. RUSH, Plaintiff VS. AMY E. CRIDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-1891 IN CUSTODY COURT ORDER AND NOW, this CO {R day of August, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Anthony P. Rush, and the Mother, Amy E. Crider, shall enjoy shared legal custody of Anna Virginia Rush, born August 2, 1998, and Alexander Malone Rush, born May 10, 2002. 2. During the school year, Father shall enjoy primary physical custody of the minor children. 3. During the summer months, Father shall have physical custody for the first two weeks of the summer vacation, Mother shall have custody thereafter for the summer vacation, and Mother shall return the children to Father's primary custody two weeks before the first day school is scheduled to start. 4. The Christmas Holiday shall be alternated between the parties with Mother having custody on Christmas of 2008, and the parties alternating thereafter. 5. Assuming the timing is available, Mother shall also have custody of the minor children during the spring break of each year subject to the length of the break and the parties being able to make arrangements for transportation, etc. 6. In the event Mother is in the Pennsylvania area and gives Father reasonable notice, Mother shall be entitled to exercise physical custody with the children when she is Pennsylvania. 7. Mother shall also have temporary custody with the minor children at such other times as agreed upon by the parties. 8. Transportation for exchange of custody shall be shared with the parties meeting at a halfway point for exchange. 9. Father shall also make arrangements for the children to visit Mother for a period of time in August of 2008 before they go back to school. 10. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. B Judge cc: A. Davidson, Esquire Attorney for Plaintiff/Father x s. Amy E. Crider Pro Se Defendant/Mother J f ANTHONY P. RUSH, Petitioner V. AMY E. CRIDER, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-1891 Civil Term CIVIL ACTION -- CUSTODY CERTIFICATE OF SERVICE And Now, on this 10th day of March 2010 I, John A. Davidson, attorney for the Plaintiff, Anthony P. Rush, hereby certify that I have served true and correct copies of the within documents, on Amy E. Crider Pro Se Defendant by depositing same to in the United States Mail, postage prepaid addressed as follows: Amy E. Crider 810 Park St Orangeburg, South Carolina 29115 The Law Office of John A. Davidson By _ -- John A. Davidson ID # 200503 107 North Front Street Suite 117 Harrisburg, PA 17101 ANTHONY P. RUSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYI-VANIA V. AMY E. CRIDER DEFENDANT 2008-1891 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 16, 2010 upon consideration of the attached ('omplaint, 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 Wednesday, April 21, 2010 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 ofa 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-;166 CLJPV; b C C 6? mc?? 1 e c? - vi crr U 3 J Lo - 15 mca -e-CA ? to 1 D Ccs voc--e- MR 231010 ANTHONY P. RUSH, Plaintiff VS. AMY E. CRIDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-1891 IN CUSTODY n 4 `D at• U5 co cn rr+ -s PRIOR JUDGE: The Honorable Kevin A. Hess COURT ORDER AND NOW, this A&O( day of April, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the 4`h day of June, 2010 at 1:30 p.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have an attorney, shall file with the Court and opposing counsel/party a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's Order of August 6 shall remain in place. 3. In addition to mother being delivered a copy of this Order via regular mail from the Prothonotary, father's counsel is directed to forward a copy of this Order to the mother via certified mail, return receipt requested, and father's counsel is directed to provide proof of service of a copy of this Order on mother at the above scheduled hearing. 4. In the event mother retains counsel and legal counsel believes another Custody Conciliation, either in person or via telephone call, would help facilitate a resolution of this case, legal counsel for the parties may contact the Custody Conciliator directly to schedule another Custody Conciliation prior to the June 4, 2010 hearing date. BY THE COURT, Judge Kevin/A. Hess cc: ? Jhn A. Davidson, Esquire -,"Ms. Amy E. Akins All z' f !v ?r? ? s ANTHONY P. RUSH, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMY E. CRIDER, NO. 2008-1891 Defendant IN CUSTODY PRIOR JUDGE: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. Father filed a petition to modify the existing custody order which is dated August 6, 2008. A Conciliation Conference was held April 21, 2010 and mother did not appear at that conference. Father's counsel indicated mother was served with notice for the conference, and the father himself suggested the mother was aware of the filing of the petition and scheduling of the conference. 2. Father has custody of the children as of right now and is seeking to modify the Order to restrict mother's time in the summer . The Conciliator was able to arrange a hearing to be scheduled prior to when the children would normally be scheduled to go to visit the mother in South Carolina. 3. The Conciliator recommends an Order in the form as attached. Date: ApriRk) , 2010 Hubert X. Gilroy, Custody Concilid ANTHONY P. RUSH, Petitioner V. AMY E. CRIDER, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1891 CIVIL ACTION -- CUSTODY PRAECIPE TO CHANGE ADDRESS To the Prothonotary: Please update your records to reflect that the address for John A. Davidson, Esquire is now: John A. Davidson Law Office of John A. Davidson 107 North Front Street Suite 117 Harrisburg, PA 17101 Date: May 7, 2010 - By Lk 6, John A. Davidson ID # 200503 107 North Front Street Suite 117 Harrisburg, PA 17101 Attorney for Anthony P. Rush Plaintiff - ? ^a I ANTHONY P. RUSH, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. : NO. 08-1891 AMY E. CRIDER, : CIVIL ACTION -- CUSTODY C -n 7:` Respondent AFFIDAVIT OF SERVICE ; .4 5; - I, John A. Davidson hereby verify that on 18th day of May, 2010, I ?irvetd the Respondent with a true and correct copy of the Court Order of April 23, 2010 by one of the following methods: (CHECK ONE) ( X ) Service was made by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested to the Respondent, on the 18th day of May 2010. The return receipt signed by the Respondent is attached hereto. ( ) The Defendant was personally served with a true and correct copy of the above pleading by hand-delivering the same to the Defendant. Personal service was made at the following location and time: on the day of , 200_, at o'clock. I verify that the statements made in this affidavit are true and correct. 1 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: May 24, 2010 John A. Davidson ¦ Pdnt your name and addrom on the reNerae so that we can retum the card to you. ¦ Attwh the card to the tack of the maNp w% or on the front M speoe permits. 1. Acute Addrswed to: Air 6. Gr, 7009 ftw+" ?. %bwv am A. D Am* NwW I C. Date of DOmy D. is daffy ad - d ftmt from mm 1? D Yea if YES, a mr d*my addaae bdm: D No a Typo sw* 0 d MrA D Opm Md D Reyiebrsd D Rehm Reaalpt for Modw dlee D Uexeed Maf D C.O D. 4. Paddabd Da1ra•y? Aft Fes) rl Yes M D000 3713 412+ ANTHONY P. RUSH, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. : NO. 08-1891 AMY E. CRIDER, : CIVIL ACTION -- CUSTODY Respondent c K ° _ MEMORANDUM FOR CUSTODY HEARING N -? d y, ? SUBMITTED BY: John A. Davidson COUNSEL FOR: Anthony=41cRusF ll lu HISTORY OF CASE: The first order of custody was made in South Carolina Mother was awarded primary custody. On August 6, 2008 a custody order was issued by Cumberland County Court of Common Pleas awarding Father Primary Custody. On March 11, 2010 Father filed a petition to modify the August 6, 2008 Custody Order II. ISSUES A. Mother has failed to abide by the legal custody by failing to inform Father of allegations of Anna being fondled by a son of one of mother's friends. Further, while the children were with mother she failed to inform father of her being incarcerated. Also, Mother has not maintained phone service while she had custody of the children. B. Mother has repeatedly failed to provide proper transportation for the children. Inter alia she has driven the children with her driving privileges suspended. She has transported the child in vehicles lacking adequate seating and has failed to use the proper child seats for the children. C. On 2 separate occasions when Mother has had custody of Anna the child has put on excessive amounts of weight. III. FATHER'S POSITION ON THE ISSUES. A. That Mother is required to maintain a method of contact and that she not discuss custody issues with the children. B. That Mother be required to provide proof that she has a valid driver's license and a vehicle with adequate seating and appropriate car seats for the children. IV. WITNESSES TO BE CALLED: NAME: ADDRESS: SUBJECT OF TESTIMONY: 1. Amy Crider 207 Hungerpiller St Mother's transportation St. Matthews, SC 29135 issues. Mother's living conditions for the children. 2. Anthony P. Rush 18 Hummel Ave. Mother's lack of driver's Camp Hill, PA 170111 license, lack of appropriate transportation, and weight gain of child. V. ESTIMATED TIME NEEDED FOR TRIAL: Two Hours. By V John A. Davidson ID # 200503 107 North Front Street Suite 117 Harrisburg, PA 17101 Attorney for Anthony P. Rush Dated: May 24, 2010 CERTIFICATE OF SERVICE And Now, on this 24th day of May 2010 I, John A. Davidson, attorney for the Plaintiff, Anthony P. Rush, hereby certify that I have served true and correct copies of the within documents, on Amy E. Crider Pro Se Respondent by depositing same to in the United States Mail, postage prepaid addressed as follows: Amy E. Crider 207 Hungerpiller St St. Matthews, SC 29135 The Law Office of John A. Davidson By - L I [A - -- John A. Davidson ID # 200503 107 North Front Street Suite 117 Harrisburg, PA 17101 r ? ANTHONY P. RUSH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. AMY E. CRIDER, CIVIL ACTION - LAW Defendant NO. 2008-1891 CIVIL TERM IN RE: MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 4th day of June, 2010, after hearing, the existing custody order in this case is modified to provide that: 1. The summer vacation period shall start three weeks after the last week of school and end three weeks before the start of school. 2. The mother shall not drive or transport the children any time when her driving privileges have been suspended or revoked or at any time when she does not carry at least the state-required insurance. 3. The father may refuse to allow the exchange of the children if the mother's vehicle, or mother's substitute vehicle, lacks the appropriate number of seats and child C7 ?' and/or booster seats to transport the children lega T1 By the Court, Kevin A. Hess, P.J. .,"John A. Davidson, Esquire For the Plaintiff Y Amy E. Akins 810 Park Street Orangeburg, SC 29115 :lfh r c or'te,' y'i a' &/V/d )'4L