Peterson, W. v. Rush, A.

CourtSuperior Court of Pennsylvania
DecidedJuly 1, 2025
Docket1536 MDA 2024
StatusUnpublished

This text of Peterson, W. v. Rush, A. (Peterson, W. v. Rush, A.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peterson, W. v. Rush, A., (Pa. Ct. App. 2025).

Opinion

J-S16001-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

WILLIAM PETERSON : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ANDREA B. RUSH : : Appellant : No. 1536 MDA 2024

Appeal from the Order Entered September 20, 2024 In the Court of Common Pleas of York County Civil Division at No(s): 2023-FC-002145-03

BEFORE: LAZARUS, P.J., BOWES, J., and LANE, J.

MEMORANDUM BY LAZARUS, P.J.: FILED: JULY 1, 2025

Andrea B. Rush (Mother) appeals, pro se, from the order, entered in the

Court of Common Pleas of York County, granting Mother and Appellee William

Peterson (Father) shared legal and physical custody of the parties’ minor

daughter (Child) (born September 2021). After careful review, we affirm.

Father filed a complaint for custody against Mother in December 2023.

On January 5, 2024, the trial court entered an interim custody order awarding

Mother and Father shared legal and physical custody. Pending the outcome

of a drug and alcohol evaluation, Father’s custody was ordered to be J-S16001-25

supervised; paternal grandfather and grandmother were deemed to be the

visitation supervisors for Father’s periods of physical custody.1

On January 17, 2024, Mother filed a petition for special relief indicating

that there “presently is a [f]inal [o]rder for [PFA] entered with the consent of

the parties[] protecting Mother. Pursuant to the [f]inal PFA [o]rder, Father is

to undergo a [d]rug and [a]lcohol [e]valuation[,] as well as participate in a

[b]atterer’s [i]ntervention program.” Petition for Special Relief, 1/17/24, at 2

(unnecessary capitalization omitted). In her petition, Mother averred that

Father previously had a substance abuse problem and that he had relapsed

shortly before the parties separated. Id. at 4. Mother’s petition also alleged

that during the course of the parties’ custody conciliation conference, Mother

requested and paid for Father to submit to a hair follicle test before his first

supervised period of custody. Id. Mother alleged that Father “manifestly

refused to do the hair follicle test” but, instead, completed a urine test that

showed elevated levels of creatine. Id. at 3-4. Mother alleged that due to

the elevated levels of creatine, Father had “attempted to tamper with the

results of the drug test.” Id. at 3. Mother asked the court to suspend Father’s

right to physical custody until Father completed the ordered alcohol and drug

evaluation. Id. Furthermore, Mother sought the court to: (1) direct Father

to undergo a hair follicle test; (2) take a negative inference from any and all ____________________________________________

1 The interim order also noted “[d]ue to the current Protection From Abuse

[(PFA)] [o]rder limiting contact between the parties, as well as the allegations of abuse, mediation is not appropriate at this time.” Interim Order for Custody, Pending Trial, 1/4/24, at 2 (unpaginated).

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future refusals by Father to take ordered tests; (3) direct Father to pay

Mother’s counsel fees in the sum of $750.00, representing the costs to prepare

and present the petition; and (4) order any other equitable relief deemed

appropriate by the court. Id. at 5.

On January 24, 2024, the court entered an order stating that it would

look further at the matters presented in Mother’s petition at the parties’

pretrial conference, but that it:

does emphasize that the whole drug test in issue and drug and alcohol evaluation being done by [F]ather will be looked at very seriously, and there is a definite possibility that the [c]ourt will award attorney’s fees in favor of [M]other at the pre-trial conference or at the trial. Further, the [c]ourt will take a negative inference from any and all [of F]ather’s refusals to take tests, and the [c]ourt puts [F]ather on notice as to that.

Order, 1/24/24, at 2. On May 7, 2024, the court awarded Mother $750.00 in

counsel fees after concluding that Father’s earlier refusal to take a hair follicle

test violated the conciliation order. The court also noted that on January 18,

2024, Father provided a hair follicle sample—albeit with a concerning positive

result of amphetamines—and that it did not find Father’s explanation about

his elevated creatine levels on his prior urine test credible. See Order,

5/7/24, at 2-3.

On September 3, 2024, Father filed a contempt petition against Mother,

alleging that she had intentionally and willfully violated the court’s interim

custody order by having him forfeit his weekend with Child when Mother told

Father last minute that a third-party visitation exchange facilitator was

unavailable. Following a contempt hearing, held on September 10, 2024, the

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court granted Father’s petition, concluding that “Mother did willfully withhold

the Child from Father during the said custody weekend.” Contempt Order,

9/20/24, at 2.

On September 20, 2024, following a custody trial, the Honorable Steven

D. Stambaugh2 issued a final custody order granting Mother and Father 50/50

physical and legal custody of Child on a “2/2/3” schedule.3 See Trial Court

Final Custody Order, 9/20/24, at 1. In the final order, the court included the

following disclaimer:

Again, the [c]ourt incorporates all of the provisions of its Opinion in Support of Custody, but most specifically Mother’s instructions that she must start to correct the record on child abuse reports so that it accurately reflects the known situation with Father, accurately reflects the existing [PFA], accurately reflects the fact that this [c]ourt finds no concerning drug use or addiction, [and] accurately reflects Mother’s acknowledgment in court today through her counsel that she has no concerns regarding sexual abuse. The time for Mother’s weaponization of the PFA, ICC[,] and child abuse processes ends today.

Id., 9/20/24, at 3. Moreover, in its accompanying opinion in support of its

final custody order, the court stated:

I am, therefore, going to order Mother that, to the extent that she has concerns over child abuse, obviously any concerns regarding ____________________________________________

2 Effective October 9, 2024, Judge Stambaugh was suspended by order of the

Commonwealth of Pennsylvania Court of Judicial Discipline. Judge Stambaugh’s suspension is unrelated to his actions as a judge on the bench. For purposes of appeal, the matter was reassigned to the Honorable Kelley L. Margetas.

3 Pursuant to the final order, Father shall always have physical custody of Child

on Mondays and Tuesdays and Mother shall always have custody on Wednesdays and Thursdays. See Order, 9/20/24, at 2.

-4- J-S16001-25

child abuse need to be reported to authorities, but they must now be reported with a disclaimer [(Disclaimer)]: “The [c]ourt made a finding of fact at the conclusion of a one-day trial on September 10, 2024, that Mother has intentionally weaponized the PFA, I[ndirect] C[riminal] C[ontempt], and child abuse process[es] in an effort to gain an advantage in custody proceedings.” Mother should then further inform the providers that: “Nevertheless, all legitimate allegations or concerns of child abuse should be fully investigated as required by law.” I am ordering Mother to make those two statements in any further child abuse reports so that a proper context is had.

* * *

The [c]ourt is concerned and has made findings that Mother is engaged in weaponization in an effort to obtain[] advantage in the custody proceeding.

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Bluebook (online)
Peterson, W. v. Rush, A., Counsel Stack Legal Research, https://law.counselstack.com/opinion/peterson-w-v-rush-a-pasuperct-2025.