Loading...
HomeMy WebLinkAbout04-3797Beverly Kim and Ralph Kim, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. (~ ~/_ 3 7~ 7 Sean McAdams and Amy Rudy, :CIVIL ACTION -LAW Defendants :CUSTODY COMPLAINT FOR PARTIAL CUSTODY AND NOW comes the Plaintiffs, Beverly Kim and Ralph Kim, by and through their attorney, Mazk K. Emery, Esquire, and file this Complaint for Partial Custody, as follows: 1. Plaintiffs, Beverly and Ralph Kim, are adult individuals residing at 506 Clinton Road, Harrisburg, Pennsylvania 17109. 2. Defendant, Sean McAdams, is an adult individual currently residing at 1128 A Piketown Road, Harrisburg, Pennsylvania 17110. 3. Defendant, Amy Rudy, is an adult individual currently residing at 12 Hope Terrace, Carlisle, Pennsylvania 17013 4. The Plaintiff Grandpazents seek partial custody of the following child, Morgan E. McAdams. Present address is: 12 Hope Terrace Carlisle, Pennsylvania 17013 Date of Birth: December 8, 1999 5. The child is currently in the custody of Defendant, Amy Rudy, at 12 Hope Terrace, Carlisle, Pennsylvania. 6. During the past five yeazs the child has resided with the following persons and at the following addresses: Names Addresses Dates Sean McAdams 1102 Yverdon Drive Birth to July 9, 2000 and Amy Rudy Apartment B 8 Camp Hill, PA 17011 Amy Rudy 1256 West Trindle Road July 10, 2000 to unknown Mechanicsburg, PA 17055 Amy Rudy 12 Hope Terrace Unknown to present and Roy Holsinger Carlisle, PA, 17013 7. The Mother of the child is Amy Rudy. She is currently married to Roy Holsinger. 8. The relationship of the Plaintiffs to the child is that of paternal grandparents. The Plaintiff Grdpazents reside together, with no other individuals. 9. The relationship of Defendants to the child is that of Mother and Father. Mother and Father were never married. 10. Defendants have participated as a party in other litigation concerning the custody of the child in this Court, at Docket Number 00-8455. The issues raised in that matter were resolved by an Order of Court, based upon a Custody Conciliation, dated March 27, 2001. Copy of said Order is attached as Exhibit "A". Plaintiff Grdpazents were not parties to that action. 11. The best interest and permanent welfaze of the child will served by granting the relief requested because the child will benefit from a relationship with her paternal grandparents. 12. Plaintiff Grandpazents have been extensively involved in the child's life from the child's birth forward. Such involvement would consistently include Plaintiff Grandparents supervising the child for extensive periods of time, including overnights. 13. The last time Plaintiff Grandparents saw the child was June 5, 2004. Prior to such time Plaintiff Grandparents were not provided any regular access to the child 14. Plaintiff Grandparents have requested the opportunity to see the child but have not been provided that opportunity. 15. Parental rights to the child have not been terminated, and the person who has physical custody of the child has been named a party to this action. WHEREFORE, Plaintiff Grandparents Beverly Kim and Ralph Kim respectfully request this Honorable Court enter an Order granting them partial custody of the child. Respectfully submitted, LAW OFFICES OF MARK K. EMERY Mazk K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street DATE: (Y ~ •~~ Harrisburg, PA 17101 (717}238-9883 Attorney for Plaintiffs ~~. SEAN McADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-8455 AMY RUDY, CIVIL ACTION -LAW Defendant CUSTODY ORDER OF COURT AND NOW, this ~..,~ day of January, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Sean McAdams and Amy Rudy, shall have shared legal custody of the minor Child, Morgan E. McAdams, born December 8, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. 2. Physical Custody. A. Father shall have physical custody from January 26 through January 31, 20D1; February 9 through February 14, 2001; February 23 through February 26, 2001; March 5, 6, and March 9 through 12, 2001; and March 19 and 20, 2001; B. Mother shall have physical custody on February 1 through February 8, 2001; February 15 through February 22, 2001; February 27 through March 4, 2001; March 7 and March 8, 2001; and March 14 through March 18, 2001. C. In the event that either party is unavailable to exercise their period of custody for a period of three hours or more, prior to engaging the services of a third party to provide childcare, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the Child. No. 00-8455 3. The Custody Conciliation Conference will reconvene at the office of Melissa Peel Greevy, Esquire, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011, on Tuesday, March 20, 2001, at 11:00 a.m. It shall be permissible for the parties to participate by telephone if necessary. In the event that the parties have reached an agreement prior to the Conference date, counsel will notify the Conciliator immediately. In the event that the parties have not reached an agreement prior to the reconvening of the Custody Conciliation Conference, this Temporary Order will be reviewed and subject to modification. This Order is a Temporary Order which is an agreement by the parties without prejudice to either party. BY THE Edgar B Dist: William M. Blaum, Esquire, 108 N. Washington Avenue, Suite 1105, Scranton, Carol J. Lindsay, Esquire, 26 W. High Street, Carlisle, PA 17013 l1' VERIFICATION We, Beverly Kim and Ralph Kim, verify that the statements made in this Complaint are true and correct to the best of my lrnowledge, information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 7/3~/.~ Beverl ~~~~~~ Ralph Kim („ ~\ 111~~~ ~` ~~ ~ ~ ~ ~ ~~ ~ i:1 v ~ ~ ~"~~ ~ ,b ~ ~ ~, ~ ~ L, v v ~, ; ' ' ; , _ , ;:; ~, BEVERLY KIM AND RALPH KIM IN THE COURT' OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 04-3797 CIVIL ACTION LAW SEAN MCADAMS AND AMY RUDY DEFF,NDANT IhI CUSTODY ORDER OF CO[JRT AND NOW, Wednesday, August 11, 2004 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Melissa P. Greevy, Esq. ,the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, September 16, 2004 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will bc; made to resolve the issues in dispute; or if this cannot be accomplished, to define and nanow 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 existinig Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours priior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevv. Esq. mnc Custody Conciliiator 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 facilifies 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 TIIIS PAPER TO YOUR ATTORNEiY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO'I'O OR TI~LEPHONE THE OFFICE SET FOR'fII BELOW TO FIND OUT WHERE YOU CAN GE'T LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17(113 Telephone (717)249-3166 ,~:,,, ~ , ;,f;, ',,;;~; .Lrv: `i J 6Z ~~ -!:~ ! i 4~Id'hCul i'w`v1:,-'1`J~~ili~c Ni-~i ~O Jia k~--~Ul~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BEVERLY HIM and RALPH HIM, Plaintiffs v. SEAN McADAMS and AMY HOLSINGER f/k/a AMY RUDY, Defendants CNIL ACTION - LAW Docket No: 2004-3797 (In Custody) ENTRY OF APPEARANCE By: SAIDIS SHUFF, FLOWEF & LINDSAY ATfORNRYS•AT•LAW 26 W. High S[ree[ Carlisle, PA TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Amy Holsinger, in the above-referenced matter. cc: Melissa P. Greevy, Esquire Mark K. Emery, Esquire SAIDIS, SHUFF, FLOWER Bt 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Amy Holsinger Y ~ n o ~ s .,M ~ i iii - i ' sv o Q ~ r~ C~ _' ~ . '. _'-I T~ ' _ ~,, l.: ~3x T1 i'~ ~,~, V :~ C: ~" t . ~ 1 (f1 \r `~ OCT 1 21~U4 ~. BEVERLY KIM and RALPH KIM, Plaintiffs v. SEAN MCADAMS and AMY RUDY nikla AMY HOLSINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.04-3797 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY TEMPORARY ORDER OF COURT ~ y' day of October, 2004, upon consideration of the attached AND NOW, this _~ ordered ;and directed as follows: Conciliation Summary Report, it is hereby from Custody artial custody 1. PaRia_ I C~ccurhon thersecond orpthedtvveekendaof the month on either 9:00 a.m. to 2:00 P• The first period of partial custody shlall be on October 9, 2004. This Saturday or Sunday. arties may arrangement shall continuelihahe add'Itional pe~i ds ofrpaRial custody as the p 04 T e Paternal Grandparents shat mutually agree. arents with rovide the Paternal Grandp rovide 2. Trans~tlon_. Father shall p arents shall p information regarding hls work location. The Paternal Grandp transportation incident to their custodial exchanges. g 2005 at 3, The Custody Concfllatio ConcillatorcMe iss!ar?eel GreevynEsqufre, 301 Market 9:30 a.m. at th1e pq 17043he Custody Street, Lemoy BY THE COURT: - !~/~. J. Dist: I,Oe(ark K. Emery, Esquire, 410 N. Second Street, Harrisburg, PA '17101 I 9Aan McAdams, 728-A Piketown Road, Harrisburg, PA 17110 ^ Jelfidsay Gingrich Maclay, Esquire, 26 W • High Street, Carlisle, PA 17013 L//-' ~ \V %n-1~.1-fly ;- ~r ~., ~': N ~ T „< , s . ~, ;1.~ ~. ~ ;:- _ ::: 111 ~~- t,.... ~-~ -. 71 .:.~ VII l,i~ G f <"`~~ BEVERLY KIM and RALPH KIM, v. Plaintiffs SEAN MCADAMS and AMY RUDY n/Wa AMY HOLSINGER, Defendants QL I I ~'~uDb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.04-3797 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY R_ E IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-13, the undersigned Custody Conciliator submits they following report: 1 • The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Morgan E. McAdams December 8, 1999 Mother 2• A Custody Conciliation Conference was held on September 30, 2004 with the following individuals in attendance: the Patemal Grandparents, Beverly Kim and Ralph Kim, and their counsel, Mark K. Emery, Esquire; the. Father, Sean McAdams Amy Holsinger, and her counsel, Lindsay Gingrich Macla pro se; the Mother, y, Esquire. 3• The parties reached an agreement in the form of an Order as attached. The Order attached is contemplated to be a Tempora Grandparents would like to see a further expansion of It is noted that the Paternal agreement and, if this matter is not resolved b Partial custod Conference, their request for expansion of their periods of y beyond this y the dlate of the next Conciliation agenda. partial custody will be on the lv Jr 0 ~? Melissa Peel Greevy, Esquire " J Custody Conciliator :238611 y JAN 1 3 2005 ., l ~!iY'_ BEVERLY KIM and RALPH KIM, Plaintiffs v. SEAN MCADAMS and AMY RUDY n/k/a AMY HOLSINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIO. 04-3797 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this I `l ~ day of January, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of October 14, 2004 is VACATED and replaced with the following: Partial Custody. A. The Paternal Grandparents shall h<~ve partial custody on the second Saturday of each month commencing January 8, 2005. This period of custody shall be from Saturday at 9:00 a.m. until Sunday at 9:00 a.m. B. The Paternal Grandparents shall have partial custody on the fourth Sunday of each month from 9:00 a.m. to 2:00 p.m. Custody under this part shall commence on January 23, 2005 and shall continue for a period of three (3) months. C. Commencing in April 2005, the custodial schedule will change such that Paternal Grandparents will have custody for two (2) overnights per month. However, in the event that the child's therapist feels this plan is not appropriate for the child, the parties may elect to delay commencing to part C of this custodial schedule. Further, either party may request to reconvene the Custody Conciliation Conference without further petition if the request is made by April 29, 2005. ,i ~ ~ ~ , n;wl ~c i _. .. -l NO. 04-3797 CIVIL TERM 2. Transportation. The party receiving custody ;>hall be responsible for providing transportation incident to the custodial exchange. BY THE COURT: /;7 ~ Dist: Mark K. Emery, Esquire, 410 N. Second Street, Harrisburg, PA 17101 l Sean McAdams, 1004 S. 18~" Street, Harrisburg, PA 17104 , ~~ Av ~~-~-F'i~ / - /~ ~f~S Lindsay Gingrich Maclay, Esquire, 1029 Scenery Drive, Harrisburg, PA 17109 JAN 1 3 200~~~'" BEVERLY KIM and RALPH KIM, Plaintiffs v. SEAN MCADAMS and AMY RUDY n/k/a AMY HOLSINGER, Defendants CUSTODY CONCILIATION SUMMAIRY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-B, the undersigned Custody Conciliator submits the; following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.04-3797 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Morgan E. McAdams December 8, 1999 Mother 2. The parties' second Custody Conciliation Conference was held on January 6, 2005 with the following individuals in attendance: the Psiternal Grandmother, Beverly Kim, and her counsel, Mark K. Emery, Esquire; the Father, Sean McAdams, pro se; the Mother, Amy Holsinger, and her counsel, Lindsay Gingrich Maclay, Esquire. 3. The parties reached an agreement in the-fm fan Order as attached. /1 ~ ~ t--=/ Date Melissa Peel Greevy, E quire Custody Conciliator :242405 BEVERLY KIM and RALPH KIM, Plaintiffs vs. SEAN MCADAMS and AMY RUDY a/k/a AMY HOLSINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 04-3797 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PLAINTIFFS' MOTION FOR CONTEMPT, SANCTIONS AND ATTORNEY'S FEES AND NOW, comes the Plaintiffs, Beverly Kim and Ralph Kim, by and through their attorney, Mark K. Emery, Esquire, and files this Motion for Contempt and Motion for Sanctions and Attorney's Fees against Defendant Amy Rudy as follows: Plaintiffs are the paternal grandparents of a minor child, Morgan E. McAdams, date of birth December 8, 1999. 2 3 4 5 6 Defendant, Amy Rudy, is the Mother of the minor child. Plaintiffs and Defendant Amy Rudy are subject to a Custody Order entered on January 14, 2005, a copy of which is attached and incorporated fully herein as Exhibit "A". Defendant Rudy has consistently failed and refused to comply with the terms of the Custody Order. Pursuant to the terms of the Custody Order, Plaintiffs are granted partial custody of the minor child on the second and fourth Saturday of each month, commencing Saturday at 9:00 a. m. and ending Sunday at 2:00 p. m. On or about May 2006 Defendant Rudy began a pattern of refusing to provide the minor child to Plaintiffs. 7. Despite Plaintiffs' attempts to contact Defendant Rudy, Defendant would not respond and failed and refused to comply with the requirements of the Court's Custody Order. 8. Defendant Rudy only became in compliance with the Court Order after Plaintiffs' counsel provided written demand on Defendant Rudy to immediately reestablish the Court ordered visitation schedule, or be subject to a Motion for Contempt and Request for Sanctions and Attorney's Fees. A copy of said letter is attached and incorporated fully herein as Exhibit «B„ 9. Despite Plaintiffs' demands that Defendant Rudy fully abide by the Court's prior Custody Order, Defendant Rudy has unilaterally determined not to provide the minor child on certain occasions in direct contravention with the Court's Order. 10. On the Court ordered visitation on the second weekend of October 2006, Defendant Rudy contacted Plaintiffs and advised them that she made the determination that she would not be providing the minor child to them that weekend. 11. In November 2006, Defendant Rudy again unilaterally determined not to provide the minor child to Plaintiffs on a weekend on which Plaintiffs were to have the child pursuant to the Court's prior Order. 12. On December 9, 2006, such date being the second weekend of the month and therefore a period of partial custody for Plaintiffs, Defendant Rudy again unilaterally determined not to allow the minor child to be with Plaintiffs. 13. The aforesaid actions are all in violation of this Court's Order of January 14, 2005. 14. The actions of Defendant Rudy are without justification or any reasonable excuse, and are solely due to the unilateral determination of Defendant Rudy to not comply with this Court's Order. 2 15. Based upon Defendant's continued and flagrant violation of this Court's Order of January 14, 2005, Defendant Rudy's actions are a contempt of Court and should be subject to all sanctions and attorney's fees allowed by law WHEREFORE, Plaintiffs respectfully request This Honorable Court find Defendant Amy Rudy in contempt of Court, provide Plaintiffs additional periods of partial custody as compensation for the time periods lost, and further award Plaintiffs all costs and attorney's fees incurred as a result of having to file this Motion and further order such sanctions against Defendant Rudy as this Court deems proper. Respectfully submitted, LAW OFFICES OF MARK K. EMERY ...- .- ~-- ,. _~.__ ..._ Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiffs DATE: December 28, 2006 3 ~~~~ ~ ~ ~o~~ ~,' ,~ BEVERLY KIM and RALPH KIM, Plaintiffs v. SEAN MCADAMS and AMY RUDY n/k/a AMY HOLSINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA NO.04-3797 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY TEIIAPORARY ORDER OF COURT AND NOW, this i y ~ day of January, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of October 14, 2004 is VACATED and replaced with the following: 1. Partial Custody. A. The Paternal Grandparents shall have partial custody on the second Saturday of each month commencing January 8, 2005. This period of custody shall be from Saturday at 9:00 a.m. until Sunday at 9:00 a.m. B. The Paternal Grandparents shall have partial custody on the fourth Sunday of each month from 9:00 a.m. to 2:00 p.m. Custody under this part shall commence on January 23, 2005 and shall continue for a period of three (3) months. C. Commencing in P.pri! 2005, the custodial schedule will change such that Paternal Grandparents will have custody for two (2) overnights per month. However, in the event that the child's therapist feels this plan is not appropriate for the child, the parties may elect to delay commencing to part C of this custodial schedule. Further, either party may request to reconvene the Custody Conciliation Conference without further petition if the request is made by April 29, 2005. NO. 04-3797 CIVIL TERM 2. Transportation. The party receiving custody shall be responsible for providing transportation incident to the custodial exchange. BY THE COURT: J. Dist: Mark K. Emery, Esquire, 410 N. Second Street, Harrisburg, PA 17101 Sean McAdams, 1004 S. 18th Street, Harrisburg, PA 17104 Lindsay Gingrich Maclay, Esquire, 1029 Scenery Drive, Harrisburg, PA 17109 '~ ' w"„l; ~i'~„1~~ i~1Y i~~i y~~, k'i...i, ire.-. 1~=.?~~¢.~ - 1 ~ ~`~,,, ~ S ~ `----' ? D'l~S ~ ~~ Prothant~ar~ LAW OFFICES OF MARK K. EMERY 410 North Second Street Harrisburg, PA 17102 (717) 238-9883 Mark K. Emery, Esquire Ms. Amy Rudy 23049 Winged Elm Drive Clarksburg, MD 20871 Via regular and certified mail Dear Ms. Rudy: Fax (717) 238-9884 e-mail memerylaw@aol.com August 17, 2006 As you may recall, I represent Beverly and Ralph Kim in regard to their custody rights to Morgan. You are currently in contempt of the Court's Order of January 14, 2005. As you have refused to comply with that Order, and have purposely avoided communication with the Kims in an attempt to evade your legal obligations, it is now demanded that you immediately begin to provide Q~ Morgan to the Kims pursuant to your Court ordered obligations. Saturday August 26, 2006 is the next scheduled period of partial custody far the Kims. In the event you prohibit the Kims' valid exercise of their rights l will ' s immediately file a Motion for Contempt and Request for Sanctions and Attorney Fees. I understand that the parties have been meeting halfway to transfer Morgan. If you would prefer that the Kim's travel to your residence to pick up Morgan, they are willing to do that also. Of course, under that arrangement you will be required to travel to the Kim's residence to retrieve Morgan. So as to confirm the travel arrangement for next Saturday, contact either my office or the Kim's directly. If we receive no contact prior to August 26, 2006, we will consider that as your intent not to abide by the Order, and thereafter we will file the above- referenced Motion. Very truly yours. LAW OFFICES OF MARK K. EMERY RE: Kim v. Rudy et al. By: M KElvh Cc: Ralph and Beverly Kim Mark K. Emery O VERIFICATI.ON We, Ralph and Beverly Kim, verify that the statements made in this Motion are true and correct to the best of my knowledge, information and belief. 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. ~~ alp Kim /~-<-~-~..~ ~~J Beverly Dated: i ~? -i y- o C CERTIFICATE OF SERVICE AND NOW, this 28th day of December, 2006, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Motion for Contempt, Sanctions and Attorney's Fees by mailing a true and correct copy via United States first class mail, addressed as follows: Marylou Matas, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 And Sean McAdams 728-A Piketown Road Harrisburg, PA 17110 LAW OFFICES OF MARK K. EMERY j, , B ~..---l-.,/ ~ .. Y~~ _ ~__. Mark K. Emery ^ --~ C ? ~ C --,' t.-. ~ -ra " ~ ~ ~ i Y. " ~~~ . Y~ "'~ ~t ~ ~~ ~ • +J t r ti: ~ = ) ~ ~ ~ ~ a ~ ~ ~ = • ~, qi `~ V -'J - ` }jj ~ ~ ~ r~~nw ~ per V^+~_ ~ ~„ F ~.~5 t r• BEVERLY KIM AND RALPH KIM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 04-3797 CIVIL ACT10N LAW SEAN MCADAMS AND AMY RUDY A/K/A AMY HOLSINGER 1N CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, January 17, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, February 14, 2007 at 9:00 AM for aPre-Hearing Custody Conference. At such crn~ference, 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 a~~e 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, B}': /s/ Dawn S. Sunda Es . Custody Conciliator "fhe 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 ATTOKNEY AT ONCE. IF YOU DO NOT HAVE AN A"f"I'ORNEY OR CANNO"I' AFFORD ONE, GO TO OR TELEPHONE THE OFF[C:E SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEC.iAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r j ~ ~ t i _. ~ `~', l ~.~~ ~., ~ ;~ ~.r~~ ~ ~ ai~af 1~~'Z SEAN McADAMS Plaintiff vs. AMY RUDY Defendant BEVERLY KIM and RALPH KIM Plaintiff vs. SEAN McADAMS and AMY RUDY Defendant ~862~T • EAS OF IN THE COURT OF COMMON PL CUMBERLAND COUNTY, PENNSYLVANIA 00-8455 CIVIL ACTION LAW IN CUSTODY . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . ~9-8~5~~ CIVIL ACTION LAW / • 013797 ~/ IN CUSTODY ORDER OF COURT AND NOW, this ~ day of i'~?c..c,ch 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated January 14, 2005, is vacated and replaced with this Order. 2. The Paternal Grandparents shall have partial physical custody of the Child on the first and third weekends of each month beginning on March 3, 2007, from Saturday at 1:15 p.m. through Sunday at 5:00 p.m. In the event the Paternal Grandparents' period of custody falls on a holiday weekend, the Mother shall have custody of the Child and the Grandparents' period of custody shall be rescheduled to the immediately following weekend. 3. Unless otherwise agreed, all exchanges of custody shall take place at the church in Hanover selected by agreement. 4. The Mother shall provide the Child's activity schedules to the Paternal Grandparents at exchanges of custody on a regular basis upon receipt by the Mother. 5. The parties shall refrain from smoking in the car or residence or generally in the presence of the Child during periods of custody. 6. The Paternal Grandmother shall notify the Mother promptly in the event of a significant event or development concerning the Child's health or welfare during the Paternal Grandparents' period of custody. 7. The Paternal Grandparents shall cooperate with any requests of the Child's counselor to involve the Grandparents in the Child's counseling process. 8. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, April 17, 2007 at 9:00 a.m. for the purpose of reviewing the custodial arrangements. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 10. The custody proceedings between the Father, Sean McAdams, and the Mother, Amy Rudy (n/k/a Amy Holsinger) at Docket No. 00-84SS and between the Paternal Grandparents, Beverly Kim and Ralph Kim and the parents, Sean McAdams and Amy Rudy (n/k/a Amy Holsinger) at Docket No. 04-2797 are hereby consolidated as reflected in the above caption. BY THE COURT, cc: ark K. Emery, Esquire -Counsel for Paternal Grandpa ~lizabeth B. Stone, Esquire -Counsel for Mother y$ean McAdams, Father £ t ~ ! ~ 1 '- ~ ~'~# l~~l 1 SEAN McADAMS Plaintiff vs. AMY RUDY Defendant BEVERLY KIM and RALPH KIM Plaintiff vs. SEAN McADAMS and AMY RUDY Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8455 CIVIL ACTION LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . 00-8455 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Morgan E. McAdams December 8, 1999 Mother 2. A custody conciliation conference was held on February 21, 2007, with the following individuals in attendance: the plaintiff Paternal Grandmother, Beverly Kim, with her counsel Mark K. Emery, Esquire, and the Mother, Amy Holsinger, formerly Rudy, with her counsel, Elizabeth B. Stone, Esquire. The Paternal Grandfather, Ralph Kim, was present, but did not participate in the conference. The Father, Sean McAdams, is currently incarcerated for failure to pay child support and was not present at the conference. 3. The parties agreed to entry of an Order in the form as attached. The parties also requested that both custody actions concerning the Child, Morgan E. McAdams (Father v. Mother and Paternal Grandparents v. Father and Mother) be consolidated for purposes of future proceedings. Date Dawn S. Sunday, Esquire Custody Conciliator FEB S 6 2~7 SEAN McADAMS Plaintiff vs. AMY RUDY Defendant BEVERLY KIM and RALPH KIM Plaintiff vs. SEAN McADAMS and AMY RUDY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8455 CNIL ACTION LAW IN CiJSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA oy-~~q7 -68=435 CNIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~_ day of 2007, upon consideration of the attached Custody Conciliation R ort, it is or ered and directed as follows: 1. The prior Order of this Court dated January 14, 2005, is vacated and replaced with this Order. 2. The Paternal Grandparents shall have partial physical custody of the Child on the first and third weekends of each month beginning on March 3, 2007, from Saturday at 1:15 p.m. through Sunday at 5:00 p.m. In the event the Paternal Grandparents' period of custody falls on a holiday weekend, the Mother shall have custody of the Child an~ '' - ' ' -~~ •~ `~~ ' y following weekend. ,_~---- ~ -` CUMBERLAND COUNTY COURT ADMINISTRATOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013 ~~6~ " °YChanges of S~P~ ~~~ ~° ®, giNrl ~•t 0 2 1 A 000463158 PAAf MAILED fRC)M ZfP CC Sean McAdams 1004 South 18~' Street Harrisburg, PA 1714 N=XTE 171 4E 1 25 03~ RETURN TO SENDER NOT DE~NV~BREBTO FORWARDESSEC .r~1~ BC: 17013 1 t { X3023-031A9- ~3a~ rrv~ i,~,iii.,,iii„~,>>ii„ii,~~l!{~il~.il„~11~~~~1~~~il~,l~4~1 APR $s zoo~~r ~ SEAN MCADAMS Plaintiff vs. AMY RUDY Defendant BEVERLY KIM and RALPH KIM Plaintiff vs. SEAN MCADAMS and AMY RUDY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8455 CIVIL ACTION LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3797 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this t ~' day of ~~.~ 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated March 1, 2007, October 14, 2004 and Mazch 27, 2001 are vacated and replaced with this Order. 2. The Father, Sean McAdams, and the Mother, Amy Rudy, shall have shazed legal custody of Morgan E. McAdams, born December 8, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends, beginning on Saturday, Apri121, 2007, from Saturday at 10:00 a.m. through Sunday at 6:00 p.m. The parties agree to maintain flexibility in the exchange times to accommodate the Child's activities when necessary. In the event the Father is unavailable and makes plans for the Child to spend time with another family member during his period of custody, the Father shall notify the Mother in advance and shall also provide advance notice if another family member is providing transportation for the exchange of custody. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, t~l~~r/l~r'~,~IJN~d n ~'': ; ' ~ ~ rat ~~ ~~~ ~~ ~z ~C~~ ~~~~ A~iddLO~a~i~.LC~id ~Mi ~Q ~~~~~~~ the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Thanksgrvina: In every year, the Mother shall have custody of the Child for Thanksgiving from Wednesday at 3:00 p.m. through Thanksgiving Day at 3:00 p.m. and the Father shall have custody from Thanksgiving Day at 3:00 p.m. through the following Friday at 3:00 p.m. C. Easter: The parent who has custody of the Child on Easter weekend under the regular alternating weekend schedule shall have custody of the Child on Easter Sunday until 3:00 p.m. and the other parent shall have custody from Easter Sunday at 3:00 p.m. through Monday at 4:00 p.m. D. Father's Day/Mother's Day: In every year, the Father shall have custody of the Child for Father's Day and continuing overnight until Monday at a time to be arranged by agreement. In every year, the Mother shall have custody of the Child for Mother's Day and continuing overnight through Monday, with the specific times for exchanges to be arranged by agreement. E. Monday school holiday: For Monday school holidays which are not otherwise addressed in this provision, the parent who has custody of the Child for the weekend immediately preceding the Monday holiday shall retain custody of the Child through Monday at 4:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Each parent shall be entitled to have custody of the Child for up to two non-consecutive weeks of summer vacation each year upon providing thirty days advance notice to the other parent. Vacation time under this provision maybe scheduled in periods of less than a complete week. Unless otherwise agreed between the parties, each party shall schedule his or her periods of vacation custody under this provision to include that party's regular weekend period of custody if the vacation period extends through a weekend. In the event of a conflict between the parties' vacation schedules, the parent providing notice first shall be entitled to preference on his or her selection of vacation dates. 7. Unless otherwise agreed between the parties, exchanges of custody shall take place at the Giant parking lot on Route 15 in Dillsburg, Pennsylvania. 8. The parties shall refrain from smoking in the car or residence or generally in the presence of the Child during periods of custody. 9. All parties shall follow the recommendations of the counselor with regard to participation in the Child's counseling. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ,~ Kevin A. ess cc: Mark K. Emery, Esquire -Counsel for Paternal Gran arents %' Elizabeth B. Stone, Esquire -Counsel for Mother ~ %~\ Sean McAdams -Father J. SEAN MCADAMS Plaintiff vs. AMY RUDY Defendant BEVERLY KIM and RALPH KIM Plaintiff vs. SEAN MCADAMS and AMY RUDY Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8455 CIVIL ACTION LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3797 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SIJNIIVIARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Morgan E. McAdams DATE OF BIRTH December 8, 1999 CURRENTLY IN CUSTODY OF Mother 2. A custody conciliation conference was held on April 17, 2007 with the following individuals in attendance: the plaintiff Paternal Grandmother, Beverly Kim, with her counsel, Mark K. Emery, Esquire, the Mother, Amy Holsinger (formerly Rudy), with her counsel, Elizabeth B. Stone, Esquire, and the Father, Sean McAdams, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator