HomeMy WebLinkAbout00-00362
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VICKI 1. RHOADS,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:CNIL ACTION - LAW
:CUSTODYNISITATION
:NO. &,.H/(Y 3t.a
~
JAMES RHOADS, JR.,
Defendant
ORDER OF COURT
AND NOW, qc,v)UJ(L,Vr\dLl,OO , upon consideration of the attached
complaint, it is hereby directed th~t the parties and their respective counsel appear before
M.~cu.Q 1':Jw\~Q/ , the conciliator at ':';0;:2 :;. l0:A~ 9:MJ f (LJ'lf Ult.l
on the ~ day 0 (11i0lCf\ ,2000, at (tJ:CO A m., 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 defme and narrow the issues to be heard by
the court, and to enter into a temporary order. All children age five or older may also be
present at the conference. Failure to appear at the conference may provide grounds for
entry of a temporary or permanent order.
FOR THE COURT,
By: 0\L(J~ ~ ~np6j~:.fh~ ~J
Custody Conciliator l )
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities 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 TIDS 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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VICKI 1. RHOADS,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:CNIL ACTION - LAW
:CUSTODYIVISITA TION
:NO. Qrnrv - 3(..L ~ ~
JAMES RHOADS, JR.,
Defendant
COMPLAINT FOR CUSTODY
AND NOW comes the Plaintiff, Vicki 1. Rhoads, who, by and through her
attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley &
Madden, of Counsel, files this Complaint for Custody, and in support thereof avers as
follows:
1. The Plaintiff is Vicki 1. Rhoads, who is an adult individual residing at 601
Village Road, Orwigsburg, Schuykill County, Pennsylvania 17961.
2. The Defendant is James Rhoads, Jr., who is an adult individual and upon
information and belief currently residing at RD 3, Box 349B Flat Hill Road, Pine Grove,
Schuykill County, Pennsylvania 17963.
3. The Plaintiff and the Defendant are husband and wife.
4. Plaintiff and Defendant are the parents of one minor child, Adriana C.
Rhoads, who was born on September 9, 1992, and is currently seven years old. Adriana
was not born out of wedlock. Plaintiff is Adriana's mother; Defendant is her father.
5. Adriana C. Rhoads currently resides with her paternal grandparents, James
and Sandy Rhoads, at 311 4th Street, Summerdale, Cumberland County, Pennsylvania.
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She has lived at that address since August, 1998. Prior to that time she lived with
Plaintiff and Defendant at the marital residence located at RD 3, Box 349B Flat Hill
Road, Schuykill County, Pennsylvania for about three years. Before the parties moved to
the Pine Grove address, they all lived with the maternal grandparents, John and Connie
Metrovka at 882 Surmner Hill Road, Auburn, Schuykill County, Pennsylvania since the
parties married on February 29,1992.
6. Plaintiff seeks primary physical custody, and shared legal custody, of
Adriana C. Rhoads.
7. Plaintiff has not participated as a party, witness or in another capacity in
other litigation concerning the custody of Adriana C. Rhoads in this or any other court.
8. Plaintiff has no knowledge of any other custody proceeding concerning
Adriana C. Rhoads pending in a court ofthis Commonwealth.
9. Plaintiff does not know of any person not a party to these proceedings who
has physical custody of, or who claims to have custody or visitation rights with respect to,
Adriana C. Rhoads.
10. Awarding to Plaintiff primary physical custody and shared legal custody of
Adriana C. Rhoads will serve her best interest and permanent welfare for the following
reasons:
A. Plaintiff has a close and loving bond with Adriana C.
Rhoads, and was her primary caretaker since birth until she went to stay
with her paternal grandparents.
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B. Because Plaintiff is gainfully employed as a Registered
Nurse, Plaintiff has the financial ability to ensure that all of Adriana's
needs are met. Plaintiff also has the fmancial ability to ensure that
Adriana receives adequate care and supervision during those hours when
Plaintiff is at work.
C. Plaintiff is currently pregnant with her second child which
is due in April, 2000. Plaintiff is also engaged to be married once her
divorce is finalized., After the baby is born in April, Plaintiff intends to
return to work on a part-time basis only to ensure that she has enough time
to spend with both of her children.
D. Plaintiff freely acknowledges that Adriana has a close and
loving bond with Defendant, and for that reason Plaintiff will ensure that
Defendant enjoys liberal partial custody rights, and will ensure as well that
Defendant remains a full participant in decisions affecting Adriana's
growth and development.
11. Each parent whose parental rights to Adriana C. Rhoads have not been
terminated, have been named as parties to this action.
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WHEREFORE, Plaintiff, Vicki 1. Rhoads, respectfully requests the Court
to award her primary physical custody, and shared legal custody, of the parties' minor
child, Adriana C. Rhoads.
Of Counsel
DATED: 1-11{t)
BECKLEY & MADDEN
212 North Third Street
P.O. Box 11998
Harrisburg, P A 171 08
(717) 233-7691
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Attorneys for Plaintiff Vicki L.
Rhoads
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VERIFICATION
I, Vicki Lee Rhoads, hereby verifY that the statements made in the foregoing
document 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 18 Pa. C. S.
Section 4904, relating to unsworn falsification to authorities.
DATED: J-/J'vO
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Vicki Lee Rhoads
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VICKI 1. RHOADS,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:CNIL ACTION - LAW
:CUSTODYIVISITATION
JAMES RHOADS, JR.,
Defendant
:NO. 2000 - 362
ACCEPTANCE OF SERVICE
I, Anthony M. Hopkins, Esquire, hereby accept service of the Complaint for
CustodyNisitation filed in the above-captioned matter on behalf of James Rhoads, Jr..
DATED:
2,.-2-'S""cro
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Anthony M. Hopkins, Esq.
Nikolaus & Hohenadel
212 N. Queen Street
Lancaster, P A 17603
(717)299-3726
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VICKI L. RHOADS,
Plaintiff
NO. 2000-362
vs.
JAMES RHOADS, JR.,
CUSTODYNlSITATION
Defendant
PRAECIPE
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Nikolaus & Hohenadel, LLP by Anthony Marc
Hopkins, Esquire, on behalf ofthe Defendant, James Rhoads, Jr., in the above-
captioned case.
NIKOLAUS & HOHENADEL, LLP
Date:
~"'--l.- '?-eft>
By:. Om I~~
Anthony Marc Hopkins, Esquire
Attorney for Defendant
1.0.#47394
212 North Queen Street
Lancaster, PA 17603
(717) 299-3726
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VICKI L. RHOADS,
Plaintiff
NO. 2000-362
vs.
JAMES RHOADS, JR.,
CUSTODYNlSITATION
Defendant
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true and correct copy of the attached
Entry of Appearance filed in the Prothonotary's Office of Cumberland County,
Pennsylvania, upon the following person and in the manner indicated below, which
service satisfies the requirements of the Pennsylvania Rules of Civil Procedure.
Service by First Class Mail
Addressed as Follows:
Elizabeth S. Beckley, Esquire
Beckley &Madden
Cranberry Court
212 North Third Street
P. O. Box 11998
Harrisburg, PA 17108-1998
Date:
L ~ 2..-'3 ....-00
NIKOLAUS & HOHENADEL
By: ~/~!- (
Anthony M c Hopkins, Esquire
Attorney for Plaintiff
Attorney 1.0. No. 47394
212 North Queen Street
Lancaster, PA 17603
(717) 299-3726
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DAVID ALAN DREESE,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-364 CIVIL
CRYSTAL WALKDEN DREESE,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ELECTION TO RESUME PRIOR NAME
I, Crystal Walkden Dreese, do hereby elect to resume my prior name, to wit:
Crystal Walkden. I have been divorced from my former husband by Decree in the Court
of Common Pleas of Cumberland County, Pennsylvania, entered to the above number
and term on May 30, 2000, and givEr this written notice avowing my intention in
accordance with the provisions of 54 Pa.C.SA Section 704.
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Cry a Walkden Dreese, be known as
(I A Md iJ (PYx;.J fl41)
cry;~ ~Ikden
Sworn to and sUbs/fed
before me this day
of J.M'\.e.. , 2000.
~C?-q~
Notary Public
(SEAL)
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MY ~M!:fBION EXPIRE.
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VICKI 1. RHOADS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODYIVISITATION
JAMES RHOADS, JR.,
Defendant
: NO. 2000-362
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ORDER
AND NOW, this ~ day of ~ , 2000, it is hereby ORDERED that
the Petition for Leave to Withdraw as Plaintiff's Counsel is GRANTED.
Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and the Law Firm of
Beckley & Madden are hereby granted leave to withdraw as Plaintiff's Counsel in this
matter.
topW {tjU J.
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VICKI 1. RHOADS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODYIVISITATION
JAMES RHOADS, JR.,
Defendant
: NO. 2000-362
PETITION FOR LEA VB TO WITHDRA W AS PLAINTIFF'S COUNSEL
AND NOW comes Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire,
and Beckley & Madden, Of Counsel, and hereby petitions the Court for leave to withdraw
as plaintiff's counsel, and in support thereof avers as follows:
1. In December, 1999, at the request of the Plaintiff to Elizabeth S. Beckley,
Esquire, Beckley & Madden agreed to represent Plaintiff in the above-captioned matter.
2. Counsel undertook representation in the above-captioned matter based upon a
written Retainer Agreement with Plaintiff, whereby Plaintiff would pay outstanding
invoices on a monthly basis.
3. On September 15, 2000, Plaintiff sent a letter to Beckley & Madden
terminating services. A true and correct copy of the letter is attached hereto as Exhibit A.
4. Elizabeth S. Beckley, Esquire, contacted Anthony M. Hopkins, Esquire,
Counsel for the Defendant in the above-captioned matter, by telephone to inform him of
Beckley & Madden's desire to withdraw as counsel for the Plaintiff. Mr. Hopkins
informed Ms. Beckley that he did not oppose Beckley & Madden's Petition to Withdraw.
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Wherefore, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and
Beckley & Madden, Of Counsel, respectfully request leave of Court to withdraw as
Plaintiff s Counsel
DATED: Id'{; 'Cf)
Respectfully submitted,
Of Counsel
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BECKLEY & MADDEN
212 North Third Street
P.O. Box 11998
Harrisburg,PA 17108
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EXHIBIT A
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September 15,2000
Beckley & Madden
Attorneys at Law
Cranberry Court
212 North Third Street
Post Office Box 11998
Harrisburg, PA. 17108-1998
, Vicki Rhoads
601 Village Road
Orwigsburg, P A. 17961
Dear Ms. Beckly:
This letter is to inform you, that effective immediately, I will no longer be retaining your
services. The financial hardship is too great an expense for my family to incur.
Should it become necessary for me to seek legal representation in the future I will use an
attorney from Schuy1kil1 County, as the minor child, Adriana Concetta Rhoads, has
resided in the named county for the past ten months.
Thank you for the assistance you have provided in my custody situation, and your
cooperation with payment terms for my outstanding balance.
Best Regards,
~~
Vicki Rhoads
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CERTIFICATE OF SERVICE
I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing
document was this day served upon the persons and in the manner indicated below.
FIRST CLASS MATI,
Anthony M. Hopkins, Esquire
Nikolaus & Hohenadel
212 N. Queen Street
Lancaster, PA 17603
DATED: 10-19 -00
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ATTORNEYS AT LAW
HARRISBURG. PENNSYLVANIA 17108-1998
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VICKI 1. RHOADS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANTA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
JAMES RHOADS, JR.,
Defendant
: NO. 2000-362
PRAECIPE TO WTTHDRA W
TO: The Prothonotary
Kindly withdraw the appearance of Thomas A. Beckley, Esq., Elizabeth S.
Beckley, Esq. and the law firm of Beckley & Madden as counsel for the Plaintiff, Vicki 1.
Rhoads, in accordance with the the attached Order granting leave to do so.
DATED: loj;~/{Jd
Of Counsel
BECKLEY & MADDEN
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
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VICKI 1. RHOADS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: CIVIL ACTION - LAW
: IN CUSTODYNISITATION
JAMES RHOADS, JR.,
Defendant
: NO. 2000-362
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ORDER
AND NOW, this IV"" day of ~
, 2000, it is hereby ORDERED that
the Petition for Leave to Withdraw as Plaintiff's Counsel is GRANTED.
Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and the Law Firm of
Beckley & Madden are hereby granted leave to withdraw as Plaintiffs Counsel in this
matter.
J.
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CERTTFICA TE OF SERVICE
I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing
document was this day served upon the persons and in the manner indicated below.
FIRST CLASS MAIL
Anthony M. Hopkins, Esquire
Nikolaus & Hohenadel
212 N. Queen Street
Lancaster, PA 17603
Ms. Vicki 1. Rhoads
601 Village Road
Orwigsburg, P A 17961
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VICKI 1. RHOADS
Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 2000-362 CIVIL TERM
JAMES RHOADS, JR.
Defendant
CUSTODYNISTTATION
ORDER OF COURT
AND NOW this /1-1'- day of O:j-
.
, 2000, having not heard from
the parties for some time, the undersigned Conciliator assumes the matter has been resolved and
hereby relinquishes jurisdiction of the case. If either of the parties wishes further proceedings in
this action, they should petition the Court anew.
FOR THE COURT,
2
MICHAEL 1. BANGS
Custody Conciliator
Mrs. Vicki 1. Rhoads
601 Village Road
Orwigsburg, P A 17961
Anthony Marc Hopkins, Esquire
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VICKI 1. RHOADS
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 2000-362 CIVIL TERM
JAMES RHOADS, JR.,
CUSTODYIVISTT A TION
Defendant
PRAECIPE TO WITHDRAW CUSTODY COMPLAINT
TO THE PROTHONOTARY:
Please withdraw the Custody Complaint at the above term and number, without
prejudice.
Respectfully submitted,
NIKOLAUS & HOHENADEL, LLP
Date:
/ /14 lol
/ I
BY:
AnfuOn~il.~ /~
J.D. No. 47394
Attorney for Plaintiff
212 North Queen Street
Lancaster, P A 17603
(717) 299-3726
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CERTIFICATE OF SERVICE
1 hereby certify that 1 have this day served a true and correct copy of the foregoing
Praecipe to Withdraw Custody Complaint upon the following persons and in the following manner,
which satisfies the requirements of the Pennsylvania Rules of Civil Procedure.
Service by First Class Mail
Mrs, Vicki Rhoads
601 Village Road
Orwigsburg, P A 17961
NIKOLAUS & HOHENADEL, UP
Date:
l/t~ /01
BY:
Ovt~ m 1M
Anthony Marc Hopkins, Esquire
Attorney J.D. No. 47394
Attorney for Defendant
212 North Queen Street
Lancaster,PA 17603
(717)299-3726
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