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Home My WebLink About00-03330IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Ir TIMOTHY J RHODY NO. 2000-3330 VERSUS MICHELLE L. RHODY DECREE IN DIVORCE AND NOW, Vw.?c 31 , Zeo , IT IS ORDERED AND DECREED THAT TIMOTHY J. RHODY PLAINTIFF, AND MICHELLE L. RHODY -,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; By THE CURT: ATTEST PROTHONOTARY ,o F WILE5\DATAFILEKI d....w712276-romdiv/tde C.a d: 05/30/0010:27:41 AM Revised: 05/30/00 0323:03 PM TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 333 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Alist of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 3336 CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Timothy J. Rhody, an adult individual who currently resides at 81 Cranes Gap Road, Carlisle, Cumberland County, PA 17013. 2. Defendant isMichelleL. Rhody, an adult individual who currently resides at 81 Cranes Gap Road, Carlisle, Cumberland County, PA 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. There have been no prior actions of divorce or for annulment between the parties. 5. The marriage is irretrievably broken. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff requests the Court to enter a decree of divorce. MARTSON DEARDORFF WILLIAMS & OTTO By i Gl ?^A Thomas J. Willi s, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: May ?z 2000 VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F.\FILEWATAPILL .doc.cw\712276-..d I `VVVV F rn F\P.SATAPI \GmeraWocum 10102-1.cml Crated: 10/22/0108:5237 AM ggvis 06/12/03 091916 AM TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 - CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 31, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: Timothy aintif ? » ]- C IECEIVEL JUN 2 5 2003 NAn\A/r F:\FILES\UATA ILE\Generu ccummts\10102-Lcon2 Created: 10/22/01 08:52:37 AM Revised: 05115/03 04:45:03 PM TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 - CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 31, 2000. I acknowledge receiving a true and correct copy of the Divorce Complaint; said copy being served upon me by Certified Mail, Restricted Delivery, on June 1, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit and waiver 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;2ffla ? ? M'chelle Rhody, Defendant -n iECEIVEL MAY 2 7 2003 'NA nIA/r F:\FILES\ ATAF \General\C=mt\10102.1 prat/t& Created: 10/22/0108 52 37 AM ReviseQ 06/03/0503: 28: 49 PM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000-3330 - CIVIL ACTION - LAW MICHELLE L. RHODY, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: via certified mail, restricted delivery on June 1, 2000. 3. Date of execution of the Plaintiff s affidavit of consent required by Section 3301 (c) of the Divorce Code: June 25, 2003; by the Defendant: May 22, 2003. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 30, 2003. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 11, 2003. MARTSON DEARDORFF WILLIAMS & OTTO By1-?, A Thomas J. 'Williams, Esquire Ten East High Street Carlisle, PA 17013 g (717) 243-3341 Date: June 3, 200x' Attorneys for Plaintiff C 9Y Zo £.nl O Z-3 ?- F \FILES\ ATAFILE\Ge -cw 712276-dEls R Create: 051301001027:41 AM Revised: OW=00 101545 AM TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03330 NO. 2000- CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS. I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Michelle L. Rhody at 81 Cranes Gap Road, Carlisle, PA 17013 on May 31, 2000 by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Michelle Rhody" and dated June 1, 2000. Thomas J. i ' liams, Esquire Sworn to and subscribed before me this 28'b day of June, 2000. tary Public Notarial Seal Tricla 0. Eckenroad, Notary Public Carlisle Boro, Cumberland County My Commission Expires Oct. 23, 2000 +?(p wd-?" i3wsF7? ?h -"3$ 760 451 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. u cc C O C f i u u c t v SENDER: w o complete items 1 and/or 2 for additional services. y complete items 3, 4a, and 4b. - 0 Prim your name and address on the reverse oftis form so that we can return this cam to you. a o Attach this form to the front of the mailpiece, or on the back if space does not y permit. « o Write °Retum Receipt Requested'on the mailpiece below the article number. C ? The Return Receipt will show to whom the article was delivered and the date o delivered. m 3. Article Addressed to: s $ I ?Jt d ruoi ?a? 2,? g PA 17013 F 5. Received By: (Print Name) w c 6. Signature (Addressee or Agent) - vs Do not use for International mail See reverse ntto 8 umber $ N - Diita i Return Receipt Showing to Whom. Date,& Addressee's Address i TOTAL Postage & Fees 1 $ 5?7 3 1 Postmark or Date i I also wish to receive the follow- ing services (for an extra fee): 1. 0 Addressee's Address 2. 5(Restricted Delivery 0 Registered r Certified 0 Express Mail 0 Insured 0 Return Receipt for Merchandise 0 COD 7 flaia of Delivcv -? . is paid) N 6 v In w O T Y m 9 PS Form 3511, December "94 102595-99-a-o223 ? ?, ? > t?. ?:- ?, <? ;. ?? f . ` ??rA:; __ C^ :.. ?? ?t !^?{ ?.! ® ? A. r TIMOTHY J. RHODY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 3363a CIVIL TERM MICHELLE L. RHODY CIVIL ACTION-LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Timothy J. Rhody, an adult individual, currently residing at 81 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Michelle L. Rhody, an adult individual, currently residing at 5 Northview Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendant seeks custody of the following children Justin Matthew Rhody, age 12, born 9/30/87 Brandon Luke Rhody, age 7, born 7/6/93 Patrick Neil Rhody, age 6, born 5/18/94 Brandon was born out of wedlock, Patrick was born in wedlock and the Plaintiff adopted Justin after the parties marriage . The children are presently in the primary custody of Michelle L. Rhody. During the past five years the children have resided with the following persons at the following addresses: (a) From November 1995 to the June 2000, with the parties at 81 Cranes Gap Road, Carlisle, PA 17013. Prior to moving to Carlisle the children resided with the parties in Greensburg, Pennsylvania. (b) From July, 2000 with the Mother and Lee E. Strawser at 5 Northview Drive, Carlisle, PA 17013. The natural mother of the children is Michelle L. Rhody. She is presently married but her husband has filed a no fault divorce action. The natural father of the children is Timothy J. Rhody. He is married and separated. 4. The relationship of the Defendant to the children is that of natural mother. The Defendant currently resides with Lee E. Strawser and the children. 5. The relationship of the Plaintiff to the children is that of natural father. 6. Defendant has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Defendant does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The mother has been the primary caretaker of the children since their births and is capable of providing the care the children need. After the parties relocated to Carlisle they decided in 1997 that the Defendant would not be employed but rather a full time homemaker. (b) The Plaintiff currently works from 5:00 p.m. to 4:30 a.m. during the week. (c) The Defendant supports that the Father should have regular and frequent periods of partial custody as the parties -reside in the same neighborhood. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, the Defendant requests your Honorable Court to: A) grant primary custody of the children to the Defendant; B) set a reasonable and realistic arrangement which will adequately foster an ongoing relationship between the children and their Father; C) grant such other relief as is just and in the best interest of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: / ° ! G da Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody 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. MICHELLE L. RHODY A., to O-kzo DATE: 1 6 F \PI1es\1)ArAPI1eIGeadcc.curv12296-pra. vide Created: 05/30/00 102]41 AM Revised: 09/27100 035800 PM 7122.76' TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000-3330 CIVIL ACTION - LAW MICHELLE L. RHODY, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw Plaintiff's Petition for Special Relief which was filed on or about July 7, 2000. MARTSON DEARDORFF WILLIAMS & OTTO By Thomas J. Willi s, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: September 27, 2000 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By ncia D. Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 27, 2000 aJ C n1r -j ; 7 t y C tv ?; r, F W1LES\DATAFILE\GerdoccuA 12296-ord.1/tde Created: 05/30/00 10:27:41 AM Revised: 09127/00 0423'.32 PM ]12276 . TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 CIVIL ACTION - LAW IN DIVORCE ODER V?-cs 2-4 AND NOW, _ day of 4 c?o 2000, it appearing that Plaintiff's Petition for Special Relief has been withdrawn and the issues raised therein were resolved by the parties, the hearing scheduled for Monday, October 2, 2000 is CANCELLED. BY THE COURT. cc: Thomas J. Williams, Esquire Attorney for Plaintiff Robert L. O'Brien, Esquire Attorney for Defendant RXs /0-4-00 Y PENNSYLVAN'A TIMOTHY J. RHODY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE L. RHODY DEFENDANT 00-3330 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 20th day of October , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 20thday of November 2000, at 1.00 p.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 define 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. /s/ Melissa P. Greevy. EEsq. W' 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 l03_'D All ?' 4 D our TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-3330 CIVIL TERM MICHELLE L. RHODY, CIVIL ACTION-LAW Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this day of 2000, upon consideration of the attached Petition Requesting a Custody Hearing, a hearing is scheduled in this matter for 2000 at the day of M./P.M. in Courtroom No. the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, of J. Thomas J. Williams, Esquire Attorney for Plaintiff/Respondent Robert L. O'Brien, Esquire Attorney for Defendant/Petitioner TIMOTHY J. RHODY, Plaintiff/Respondent V. MICHELLE L. RHODY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION REQUESTING A CUSTODY HEARING AND NOW, comes Michelle L. Rhody, Defendant/Petitioner in the above- captioned matter, by and through her attorney, Robert L. O'Brien, Esquire and respectfully represents as follows: 1. Attached hereto and incorporated herein is a custody complaint filed by Michelle L. Rhody, in response to her husband's filing. Also attached is a conciliation report and court order. 2. Pursuant to the court order, the Respondent, Timothy J. Rhody, was anticipating arranging for a custody evaluation. To date, the Petitioner and her attorney have had no contact in reference to the said custody evaluation. 3. Petitioner requests that she be given primary physical custody of the children. WHEREFORE, Petitioner respectfully requests that this Honorable Court establish a hearing date to take testimony in reference to a determination as to the custody of 3 minor children. Respectfully submitted, O'BRIEN. BARIC & SCHERER By:_e Robert L. O'Brien, Esquire Attorney for Defendant/Petitioner I. D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 do.di r/domestic/rhody. pet VERIFICATION I verify that the statements made in the foregoing Petition Requesting a Custody Hearing are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Michelle L. Rhody Date: dca tto cIC?Q TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-3330 CIVIL TERM MICHELLE L. RHODY, CIVIL ACTION-LAW Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE I, Robert L. O'Brien, Esquire, hereby certify that on October 2000,1 served a copy of the foregoing Petition Requesting a Custody Hearing by placing the same in the United States Mail, First Class, postage prepaid, addressed as follows: Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, Pennsylvania 17013 ??AJ-e/-- Robert L. O'Brien, Esquire ec SFp 0120000 TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-3330 Civil Action - Law MICHELLE L. RHODY, Defendant. IN CUSTODY ORDER OF COURT AND NOW, this JA day of 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall have shared legal custody of the minor children, Justin Matthew Rhody, born September 30, 1987, Brandon Lake Rhody July 6, 1993 and Patrick Neal Rhody, born May 18, 1994. 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 this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of a reasonable use to the other parent. Specifically, the parent shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the child's education and activities as fully as possible. 2. The parties shall have shared physical custody arranged in a week on, week off fashion. Commencing September 3, 2000, Father shall have custody from 5:00 p.m. Sunday until 5:00 p.m. Sunday September 10, 2000 when Mother begins her custodial week. The parties shall follow the alternating pattern for a minimum of twelve (12) weeks. During Father's custodial week the children shall go to Mother's home after op°la 9 No. 00-3330 school year on school days where Father will pick up the children after he gets off work. 3. Father shall provide transportation incident to the exchanges of custody. 4. Father shall provide a key to his home to Justin Matthew Rhody to be used in the event that one of the children has a need for a personal item left in Father's home. 5. Thanksgiving and Christmas holidays shall be shared by the parties as agreed upon by the parties. 6. The parties shall submit themselves and the minor children to an independent custody evaluation which shall include the input of Lyle Jobe, M.D. The parties shall sign all necessary releases and authorizations for the evaluators to obtain medical and psychological information pertaining to the parties. Cost of this evaluation shall initially be borne by Plaintiff. Neither party has waived their right to file the appropriate petition to request contribution in a greater percentage from the other party. Within sixty (60) days following the completion of the Custody Evaluation and receipt of the Report thereof, either party may request that an additional conciliation conference be scheduled if the parties need additional assistance with making the custodial arrangements that are in the best interest of the children. Counsel for either party may contact the conciliator directly to schedule a conference date. BY THE COURT, cc: Thomas J. Williams, Esquire Robert L. O'Brien, Esquire J. J n dl s copy stimony vihereof, e seal of said rhd ?f ?.... ....... d FRO.?a "fRD I hsr: my hand vrt -1- 1 .4 , Pa. SEP 012009 0 TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-3330 Civil Action - Law MICHELLE L. RHODY, Defendant. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Justin Matthew Rhody September 30, 1987 Mother and Father Brandon Lake Rhody July 6, 1993 Mother and Father Patrick Neal Rhody May 18, 1994 Mother and Father 1. A Conciliation Conference was held on August 29, 2000 with the following individuals present: Father, Timothy J. Rhody and his counsel, Thomas J. Williams, Esquire ; Mother, Michelle L. Rhody and her counsel, Robert L. O'Brien, Esquire. 2. The parties agreed to the entry of an Order in the form as attached. &L?-In ( - 'a,-Z 5-e? a-, Date M lissa Peel Greevy, Esquire Custody Conciliator TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 333t> CIVIL TERM CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Timothy J. Rhody, an adult individual, currently residing at 81 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Michelle L. Rhody, an adult individual, currently residing at 5 Northview Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendant seeks custody of the following children : Justin Matthew Rhody, age 12, born 9/30/87 Brandon Luke Rhody, age 7, born 716/93 Patrick Neil Rhody, age 6, born 5/18/94 Brandon was born out of wedlock, Patrick was born in wedlock and the Plaintiff adopted Justin after the parties marriage . The children are presently in the primary custody of Michelle L. Rhody. During the past five years the children have resided with the following persons at the following addresses: (a) From November 1995 to the June 2000, with the parties at 81 Cranes Gap Road, Carlisle, PA 17013. Prior to moving to Carlisle the children resided with the parties in Greensburg, Pennsylvania. (b) From July, 2000 with the Mother and Lee E. Strawser at 5 Northview Drive, Carlisle, PA 17013. The natural mother of the children is Michelle L. Rhody. She is presently married but her husband has filed a no fault divorce action. The natural father of the children is Timothy J. Rhody. He is married and separated. 4. The relationship of the Defendant to the children is that of natural mother. The Defendant currently resides with Lee E. Strawser and the children. 5. The relationship of the Plaintiff to the children is that of natural father. 6. Defendant has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Defendant does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The mother has been the primary caretaker of the children since their births and is capable of providing the care the children need. After the parties relocated to Carlisle they decided in 1997 that the Defendant would not be employed but rather a full time homemaker. (b) The Plaintiff currently works from 5:00 p.m. to 4:30 a.m. during the week. w (c) The Defendant supports that the Father should have regular and frequent periods of partial custody as the parties reside in the same neighborhood. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, the Defendant requests your Honorable Court to: A) grant primary custody of the children to the Defendant; B) set a reasonable and realistic arrangement which will adequately foster an ongoing relationship between the children and their Father; children. C) grant such other relief as is just and in the best interest of the Respectfully submitted, O'BRIEN, BARIC & SCHERER ::Rb- A-# Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Date: (717) 249-6873 TRUE COPY FROM RECORD in Testimony wnered, I We unto set my hand and the seat of said CWJ1 at CariMsle. Pa. ihis_E lay _ _ Prothonotary I' VERIFICATION I verify that the statements made in the foregoing Complaint for Custody 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. k'A C V-?. Q MICHELLE L. RHODY DATE: gEp 012000 TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-3330 Civil Action - Law MICHELLE L. RHODY, : Defendant. IN CUSTODY ORDER OF COURT AND NOW, this - ` day of .or r4V15 1 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall have shared legal custody of the minor children, Justin Matthew Rhody, born September 30, 1987, Brandon Lake Rhody July 6, 1993 and Patrick Neal Rhody, born May 18, 1994. 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 this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of a reasonable use to the other parent. Specifically, the parent shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the child's education and activities as fully as possible. 2. The parties shall have shared physical custody arranged in a week on, week off fashion. Commencing September 3, 2000, Father shall have custody from 5:00 p.m. Sunday until 5:00 p.m. Sunday September 10, 2000 when Mother begins her custodial week. The parties shall follow the alternating pattern for a minimum of twelve (12) weeks. During Father's custodial week the children shall go to Mother's home after 1 ?'cNR'SYU,%Ai'??IA No. 00-3330 school year on school days where Father will pick up the children after he gets off work. 3. Father shall provide transportation incident to the exchanges of custody. 4. Father shall provide a key to his home to Justin Matthew Rhody to be used in the event that one of the children has a need for a personal item left in Father's home. 5. Thanksgiving and Christmas holidays shall be shared by the parties as agreed upon by the parties. 6. The parties shall submit themselves and the minor children to an independent custody evaluation which shall include the input of Lyle Jobe, M.D. The parties shall sign all necessary releases and authorizations for the evaluators to obtain medical and psychological information pertaining to the parties. Cost of this evaluation shall initially be borne by Plaintiff. Neither party has waived their right to file the appropriate petition to request contribution in a greater percentage from the other party. 7. Within sixty (60) days following the completion of the Custody Evaluation and receipt of the Report thereof, either party may request that an additional conciliation conference be scheduled if the parties need additional assistance with making the custodial arrangements that are in the best interest of the children. Counsel for either party may contact the conciliator directly to schedule a conference date. BY THE COURT, cc: Thomas J. Williams, Esquire Robert L. O'Brien, Esquire 0<1 49?11 J. C 9- R? SEP 012000 TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-3330 Civil Action - Law MICHELLE L. RHODY, Defendant. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Justin Matthew Rhody September 30, 1987 Mother and Father Brandon Lake Rhody July 6, 1993 Mother and Father Patrick Neal Rhody May 18, 1994 Mother and Father 1. A Conciliation Conference was held on August 29, 2000 with the following individuals present: Father, Timothy J. Rhody and his counsel, Thomas J. Williams, Esquire ; Mother, Michelle L. Rhody and her counsel, Robert L. O'Brien, Esquire. The parties agreed to the entry of an Order in the form as attached. 4q1"'r-0 Date M lissa Peel Greevy, Esquire Custody Conciliator F:\P ESQ ATAR \Gead....w110102....1 Created: 1023101 08:52:37 AM Revised. 1022/01 08:55.51 AM TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 - CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 31, 2000. 2. The marriage ofPlaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: ?U X01 ?/ o I ?'` _ :._ Timothy Jody, Plaintiff C ? O - rn C ECD N "IAI- V TIMOTHY J. RHODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHELLE L. RHODY 00-3330 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 12TH day of JULY , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 8TH day of AUGUST , 2000, at 2:00 PM 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. 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 Isl Melissa P. Greevy, aq-R 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 013.111 13 Pfl 12: G? LUfviBEHL,-,;i GUUtoy PENINS`r'E'V NA 7-/3 -00 /v1 (S GJ ? C7 7-i3 tQU ` e-?r MaA/ 7 -/3 ele e h J j P:WMM\DATAF? k&ndoc.cur\71227&F .cus/tde Cree[ed 05/30/001042:38 AM Rev,J: 0]/10/0002:17:51 PM TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , upon consideration ofthe attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, on the _ day of , , at 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 define 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, Custody Conciliator 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY Plaintiff is Timothy J. Rhody, an adult individual currently residing at 81 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Michelle L. Rhody, an adult individual currently residing at 5 Northview Drive, Carlisle, Cumberland County, Pennsylvania. Plaintiff seeks custody of the following children: Justin Matthew Rhody, born September 30, 1987; Brandon Lake Rhody, born July 6, 1993; and Patrick Neal Rhody, born May 18, 1994. The children were not born out of wedlock. Since their birth, the children have resided with the following persons at the following addresses for the following periods of time: The children have resided with both Plaintiff and Defendant since their births until June 15, 2000 and since that time have resided with Defendant at an unknown or undisclosed location. 4. The relationship of the Plaintiff to the children is that of father. He is married. The Plaintiff currently resides alone. y . 5. The relationship of the Defendant to the child is that of mother. She is married. The Defendant currently resides with the following: Name Relationship Lee Strawser Boyfriend Justin Matthew Rhody Son Brandon Lake Rhody Son Patrick Neal Rhody Son 6. The parties have not participated in previous litigation concerning the custody of the children in this court or any court. 7. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because: Plaintiff will be best able to provide a stable and nurturing environment for his sons. 8. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO By+?- V1J?.(. ?...? Thomas J. WNifims, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 10, 2000 VERIFICATION The foregoing Complaint to Confirm Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Timothy J. Rho F:\F?.ES\ ATA B\Grndocx.\712276-... oC? 8 S Q' U C') o 0 E7 -ri ; mrr, r- • ?-- VJ -C? z _ rT N TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 CIVIL ACTION - LAW IN DIVORCE RULE AND NOW, -12'Nay of July, 2000, a Rule is hereby issued upon Defendant, Michelle L. Rhody, to show cause, if any there be, why the relief requested in the foregoing Petition for Special Relief should not be granted. rr Rule returnable _ 211 c?c.a) U>`Sc?e?u?cd?c?e l? V A hearing on the Petition for Special Relief is scheduled for Courtroom No. of the Cumberland County Courthouse on (} y%?a ?> 02 2000 at ? -xn, a i ' Wr cc: Thomas J. WilliamsC(VT , Esquire Attorney for Plaintiff Robert L. O'Brien, Esquire Attorney for Defendant (apu,o 4n",L 7-17-40 1 -% BY THF. C"CUTRT rrj, ju' CUM 'E=iL `' ' COUNly PENNSYLVANIA PAPILEs1 ATAPI MCiend. -,712276Pel.1/tde aeazed 05/30/00 10:27:41 AM Revised:. 07/100 01:47:09 PM 7122.76 TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF (RESTORATION OF FURNITURE AND APPLIANCES REMOVED FROM THE MARITAL RESIDENCE) AND NOW, comes Plaintiff (hereinafter referred to as "Husband"), by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO pursuant to Pa. R.C.P. 1920.43 and avers as follows: 1. On June 15, 2000, Defendant (hereinafter referred to as "Wife") left the marital residence at 81 Cranes Gap Road, Carlisle, (North Middleton Township), Cumberland County, Pennsylvania, and moved in with her boyfriend, Lee Strawser, at 5 Northview Drive, Carlisle, (North Middleton Township) Cumberland County, Pennsylvania. 2. Prior to June 15, 2000, the parties lived together with their three minor children at the martial residence which was 81 Cranes Gap Road, Carlisle, (North Middleton Township), Cumberland County, Pennsylvania. 3. On June 15, 2000, Wife, with the consent of Husband, took the children for an extended summer visit with their grandparents in Greensburg, Westmoorland County, Pennsylvania. 4. On June 30, 2000, after Wife left the marital residence, the lease was transferred to the name ofHusband. A copy of the Lease Agreement is attached hereto and marked as Exhibit "A." 5. During the night of July 5-6, 2000, while Husband was at work, Wife, together with person or persons unknown, entered the residence and removed various furniture and appliances, all without the knowledge or consent of Husband. 6. When Husband returned from work at about 5:00 a.m., and discovered the numerous items missing from his home, he notified the North Middleton Township Police who investigated and later told him that Wife admitted removing these items with the assistance of person or persons whose identity she refused to disclose. North Middletown Township Police advised Husband that they considered it a marital matter to be resolved by the Court because Wife used a key and did not break-in. 7. As best as Husband can tell, the items removed from his home are listed on Exhibit "B." Wife left in the house only the items listed on Exhibit "C." 9. Many of the items removed by Wife were furniture and other things used by the children; consequently, Husband is unable to provide for the children when they return from their visit with their grandparents, which is imminent, and which may have already occurred by the time this Petition is filed. 10. It will be a hardship for the children to live in Husband's home since their bedroom sets and other belongings were surreptitiously and unilaterally removed by Wife in a midnight raid of Husband's home on July 5-6, 2000. WHEREFORE, Husband requests Your Honorable Court to Order and Direct Wife to return forthwith all items of marital property that she removed from Husband's home. MARTSON DEARDORFF WILLIAMS & OTTO By Wj ,t c Thomas J. W' 1' s, Esquire Ten East Hi Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July 10, 2000 This Agreement Made this l ate. ?? ;-4 day of AD, 20 e between hereinafter styled the party of the first part, and dl", hereinafter styled the party of the second part. 01 WIT SSETH, a the said party of the first part, in consideration of the rent and covenants herei fter mentioned, doth emise and lease unto the said party of the second part to be used as a the premises situated in the County of ?,??,.•?• ® ? and Commonwealth of Pennsylvania, described as follows: ?4 a.- ? ? 46i TO HAVE AND TO HOLD unto the said party of the second part, subject to the conditions of this agreement for the °°°term beginning on the J l , day of , 20 00 , and ending on the day of Goa 1 20/31 - .- fN CONSIDERATION OF WHICH the said party of the second part agrees to pay to the said party of the first part for the use and occupancy of the said premises, the sum of a? dollars, payable as follows, viz: AS A FURTHER CONSIDERATION for the use and occupancy of said premises the said party of the second part hereby agrees to faithfully keep and be bound by the following covenants, conditions and agreements, viz: , The said premises are to be kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are to be surrendered in like repair and condition, natural wear and damages happening by fire, storm or other casualties only excepted. The premises are to be kept in a clean and sanitary condition and all ashes or other garbage which may accumulate thereon during the term are to be removed, and in case of failure to remove the same the party of the first part may collect as rent due and in arrears double the cost of removal; the water, lighting or other service for the use of the occupants of the said premises furnished by any Public Service Company during the said term shall be paid for by the said party of the second part unless otherwise provided herein, or the same may be collected by the said party of the first part as rent due and in arrears. Nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the buildings thereon whereby the hazard may be increased or the insurance invalidated; neither the whole nor any portion of the said premises shall be sublet, nor shall this lease or any interest therein be assigned, nor shall the party of the second part remove or attempt to remove from said premises during the term of this lease, without the written consent of the said party of the first part; and no unlawful business shall at any time be carried on upon said premises. The party of the first part expressly reserves the right to enter upon the premises at reasonable times for the purpose of making necessary inspection, repairs, or to show the sameto prospective purchasers or lessees, and may display "for rent" or "for sale" cards thereon. The removal of any goods from the premises, whether by day or by night, without the written consent of the party of the first part, shall be deemed a clandestine and fraudulent removal and such goods shall remain liable to distress for a period of thirty days after such removal wherever the may be found. If default shall be made in the payment of any part of the said rent after the same becomes due, or in case of a breach or evasion or any attempt to break or evade any of the covenants or conditions of this agreement, the entire rent reserved for the full term of this lease remaining unpaid shall become due and payable at once and may forthwith be collected by distress or otherwise, and at the same time the party of the fast part may forfeit and annul the unexpired portion of this lease and enter upon and repossess the said premises with or without process of law, and without giving any notice whatsoever. Acceptance by the party of the first part of any of the said rent at any time after the same shall become due, after default has been made in the payment thereof, or any failure to enforce any of the rights herein reserved to the party of the first part, or any of the penalties, forfeitures or conditions herein contained, shall not in any wise be considered a waiver of the right to enforce the same at any time without any notice whatsoever, and any attempt to collect the rent by one proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding, but all of the rights of the party of the first part, and all forfeitures, penalties and conditions may be enforced together or successively at the option of the party of the first part. EXHIBIT "A" 4reaebnm1? _ M0, 1, 1 F"I It is further agreed that if the party of the second part shall become insolvent, make an assignment for the benefit of creditors, commit any act of bankruptcy, file a voluntary petition in bankruptcy, or if any judgment shall be entered or an involuntary petition in bankruptcy filed against the said party of the second part, all the rent reserved for the full term of this lease shall become due and collectable immediately by distress or otherwise. , The Prothonotary or any attorney of any Court of Record of Pennsylvania is hereby authorized to appear for and to confess ajudgment against the said party of the second part and in favor of the said party of the first part for the whole amount of said rent as hereinbefore set forth. And the said party of the second part hereby waives the usual notice to quit, and agrees to surrender said premises at the expiration of said term, or the termination of this lease, without any notice whatsoever. And upon any proceeding instituted for the recovery of said rent, either by distress or otherwise, the said party of the second part waives the benefit of all appmisement, stay and exemption laws, the right of inquisition on real estate, and all bankruptcy or insolvency laws now in force or hereafter passed. Upon the breach of any of the covenants or agreements of this lease or upon its termination by forfeiture, default or expiration, the Prothonotary or any attorney as aforesaid is hereby authorized to appear for and to confess judgment in an amicable action of ejectment against the said party of the second part and in favor of the said party of the first part for the premises herein described and to direct the immediate issuing of a writ of habere facial possessionem with clause of fieri facias for costs, waiving all irregularities, without notice and without asking leave of court. If the Lessee shall continue in the occupation of the said demised premises after the expiration of the term hereby created with the consent of the Lessor, it shall be deemed a renewal of the Lease, and of all the covenants, terms and conditions herein contained for the term of another month and so on from month to month until the Lease is terminated by either party hereto giving to the other not less than ninety days written notice for removal prior to the expiration of the then current term; provided however, that if the Lessors shall have given one months written notice prior to the expiration of any term of intention to change the conditions of this Lease, and the Lessee shall hold over after such notice, he shall be considered Lessee under the terms and conditions mentioned in such notice, for a further term of one month and until this Lease is terminated by notice, or otherwise, as herein provided. Leaving notice upon the premises shall be a sufficient service thereof. 1. Receipt is hereby acknowledged that a "damage security deposit" 4 ?0O has - been paid to Owners by Tenants. Said damage deposit to be retained the entire term of this leas and is to - be pro-rated, retained or returned to tenants upon tenant's vacating premises after final inspection by landlords. 2. Pictures or other objects may be hung provided hanging is accomplished by means of angle type picture hangers. 3. Plumbing leaks and adjustments will be taken care of and paid for by the Owner's excepting clogged plumbing which shall be corrected at tenants expense unless clogging is caused by an inherent defect, such as pitch, or fall in the plumbing. 4. Overloading electrical system shall not be permitted -Any damage to electrical system caused by overloading shall be repaired at tenant's expense. Any repairs needed to electrical system as a result of a defect in wiring or power failure shall be paid for by Landlord's. 5. All rules and regulations pertaining to operation of dishwasher, disposal, stove, air conditioners shall be observed by tenants. Landlords will correct and pay for at their expense any failure or defect inherent in the machine itself including parts. Tenants shall be responsible for any repairs, including part of any appliance failure caused by overloading, abuse, or not observing regulations covering operation of any appliance. 6. Landlord's do not represent basemant to be habitable nor do they accept any responsibility for water or mildew damage in the basement. 7. It shall be tenant's responsibility to keep sidewalks clear of all debris including snow. 9. Tenant's will provide for grass to be cut on the premises. 9. Should Landlord's permit animals to be kept by tenant's it shall be understood by tenant's that Landlord's reserve the right to require tenant's to have animals removed from premises or tenant's to vacate premises if noise, disturbance, or uncleanliness results from keeping said pets, or if adjoining tenant's complain of such conditions. The conditions of this agreement shall extend to the administrators and executors of all the parties hereto. IN WITNESS WHEREOF, the parties aforesaid have hereunto set. their hands and seals the day and year first above written. The following items were removed from the residence. Brandon and Patrick's bedroom: 1- Set of bunk beds with mattress and bedding set 2- Chest of drawers 2- complete sets of wardrobes 75-100- various toys 1- Children's desk 1- Chalkboard 15-18- Pictures, posters, wall decorations 2- Sets window drapes 2-Lamps 8-10- various trophy's, and awards Master bedroom: 1- Complete wardrobe (Michelle's) 8- Pictures, posters, wall decorations 1- Bed set (blanket and sheets) 4- Pillow cases 4- Sex toys 50-75- Knick-knacks, collectibles Dinning room: 1- Dinning table (hardwood) 6- Matching chairs 1- China hutch 1- Complete set antique china (serves 16) 1- 2011x 25" mirror 15- Pictures, posters, wall decorations 2- Drawers of files 25-30- Computer CD's (games, utilities, software) Kitchen: 12- Serving sets of "Tea Rose" china (1 set =1-12" plate, 1-61' plate, l- bowl,l- tea cup platter, l- tea cup) EXHIBIT "B" 12- Sets silverware (1-large fork, l- small fork, 1- large spoon, l- small spoon, l- butter knife) Following "Tea Rose" items: 1- Set salt-pepper shakers 3- Canisters 2- Service platters 1- Gravy boat 2- Casserole dishes 3- salad bowls 24- "Tea Rose" glasses 25-30 Collectors tins, cookie jars, Knick-knacks 15- Assorted pots and pans with lids 3- Cookbooks 4- Wall decorations 12- assorted Tupperware storage containers 2- Stone baking sheets 12- Assorted cooking-serving utensils Living room: 3- Sets window drapes 1- 24 book encyclopedia set 2- Photo albums 1- Clock 4- Collectable item display shelves 150-175- collectable items, knick-knacks 22- Video tapes (children and regular movies) 31- Various music CD's 15- Pictures, wall decorations Justin's room: 1- Chest of drawers 1- Desk with chair 1- Complete wardrobe 2- Complete bedding sets 1- Radio-CD player 1- Portable CD player 18- Pictures, wall decorations, posters 8-10 Trophy's and awards All toys, crafts, projects Bathroom: 2- sets matching bath towels-rugs All major items from medicine cabinet 15-18- Bath towels, wash cloths 1- Large first aid kit Basement: 8- Laundry baskets 3- Large, long term storage hampers (clothing) Outside: 4- Bicycles 12- Pieces baseballs equip. 10- various yard toys, games Remaining item list Brandon and Patrick's room: Nothing Master bedroom: 1-Bed 2- dressers Dinning room: 1- Storage cabinet 1- Computer with chair Kitchen: 1- Refrigerator 1- Stove 1- Microwave 1- Serving set dishes 1- Silverware set Living room: 1- Couch 1- TV 1- Stereo 1- End table 1- Lamp Justin's room: 1- Bed Basement: 1- Washer-dryer EXHIBIT "C" VERIFICATION The foregoing Petition for Special Relief is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 17 Timothy J. Rl y CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition for Relief was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Tn is D. Eckenroad 'East Hi Street Carlisle, PA 17013 (717) 243-3341 Dated: July 10, 2000 C1 C=) %j c v m r? r-- y ;"t =ti r,, { TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 3336 VS. 00-39e CIVIL MICHELLE L. RHODY, CIVIL ACTION - LAW Defendant IN RE: PETITION FOR HEARING ORDER AND NOW, this 2 `tday of November, 2000, it appearing that an answer has been filed to the petition of the defendant requesting a custody hearing, a brief argument thereon is set for Thursday, November 9, 2000, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Thomas J. Williams, Esquire For the Plaintiff Robert L. O'Brien, Esquire For the Defendant :rlm RfAb I-" r!_:-'BFI " i:_?...? rr_ 00 K0lel -2 PPS 2: 5l CUIUE wLrA,`,jD COUNTY PENNSYLVANIA } TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000-3330 CIVIL ACTION - LAW MICHELLE L. RHODY, Defendant/Petitioner IN CUSTODY ORDER AND NOW, _ day of 2000, Defendant's Petition requesting a custody hearing is DENIED. The parties are directed to forthwith submit themselves and the minor children to a custody evaluation by Pauline Wallin, Ph.D., 201 S. 32"" Street, Camp Hill, PA 17011. At the conclusion ofthe custody evaluation and receipt ofthe report thereof, either party may request an additional Conciliation Conference within 60 days thereafter. BY THE COURT. Kevin A. Hess, J. cc: Thomas J. Williams, Esquire Attorney for Plaintiff Robert L. O'Brien, Esquire Attorney for Defendant C P:IPILES,DATAAI MG=doc.cur\712276-A S.IRde C,.AAd: 05/30/0010:27:41 AM Revised: 1 %27/00 01:27:08 PM 7122.76 TIMOTHY J. RHODY, Plaintiff/Respondent V. MICHELLE L. RHODY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S ANSWER WITH NEW MATTER TO DEFENDANT'S PETTTION REQUESTING CUSTODY HEARING AND NOW, comes Plaintiff/Respondent, Timothy J. Rhody, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and answers Plaintiffs Petition as follows: No answer required. Denied as stated. Father, Timothy J. Rhody, was indeed, and has been, arranging for a custody evaluation. The parties had agreed this would be through the Stevens Mental Center; however, due to the recent merger there, Stevens does not do custody evaluations anymore. We were referred to Pauline Wallin, Ph.D. and are in the process of finalizing the arrangements for Dr. Wallin to conduct the custody evaluation. No answer required. WHEREFORE, Plaintiff/Respondent, Timothy J. Rhody, requests Your Honorable Court to enforce the Order of September 5, 2000 as arrived at the Conciliation Conference, with agreement of both parties, and to order and direct the parties and the minor children to submit themselves to an independent custody evaluation by Pauline Wallin, Ph.D., 201 S. 32nd Street, Camp Hill, PA 17011. NEW MATTER 4. The Court's Order of September 5, 2000, in Paragraph 6, required the parties to submit themselves and the minor children to an independent custody evaluation to be at the expense of Plaintiff, Timothy J. Rhody. A copy of the Court's Order of September 5, 2000 is attached hereto as Exhibit "A. 5. Plaintiff has been arranging for this evaluation and arrangements have recently been finalized. 6. The Court's Order of September 5, 2000, in Paragraph 7 provides that either party may request an additional Conciliation Conference within 60 days following the completion of the custody evaluation and receipt of the report thereon, in the event this does not resolve the custody issue. 7. Both parties agreed to this arrangement which was then incorporated into a Court Order. WHEREFORE, Plaintiff/Respondent, Timothy I Rhody, requests Your Honorable Court to enforce the Order of September 5, 2000 as arrived at the Conciliation Conference, with agreement of both parties, and to order and direct the parties and the minor children to submit themselves to an independent custody evaluation by Pauline Wallin, Ph.D., 201 S. 32nd Street, Camp Hill, PA 17011. MARTSON DEARDORFF WILLIAMS & OTTO By de Thomas I Wi ' s, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff/Respondent Timothy I Rhody Date: October 30, 2000 5EP 012000b!? TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-3330 Civil Action - Law MICHELLE L. RHODY, Defendant. IN CUSTODY ORDER OF COURT AND NOW, this 5}h day of 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall have shared legal custody of the minor children, Justin Matthew Rhody, born September 30, 1987, Brandon Lake Rhody July 6, 1993 and Patrick Neal Rhody, born May 18, 1994. 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 this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of a reasonable use to the other parent. Specifically, the parent shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the child's education and activities as fully as possible. 2. The parties shall have shared physical custody arranged in a week on, week off fashion. Commencing September 3, 2000, Father shall have custody from 5:00 p.m. Sunday until 5:00 p.m. Sunday September 10, 2000 when Mother begins her custodial week. The parties shall follow the alternating pattern for a minimum of twelve (12) weeks. During Father's custodial week the children shall go to Mother's home after EXHIBIT "A" No. 00-3330 school year on school days where Father will pick up the children after he gets off work. 3. Father shall provide transportation incident to the exchanges of custody. 4. Father shall provide a key to his home to Justin Matthew Rhody to be used in the event that one of the children has a need for a personal item left in Father's home. 5. Thanksgiving and Christmas holidays shall be shared by the parties as agreed upon by the parties. 6. The parties shall submit themselves and the minor children to an independent custody evaluation which shall include the input of Lyle Jobe, M.D. The parties shall sign all necessary releases and authorizations for the evaluators to obtain medical and psychological information pertaining to the parties. Cost of this evaluation shall initially be borne by Plaintiff. Neither party has waived their right to file the appropriate petition to request contribution in a greater percentage from the other party. 7. Within sixty (60) days following the completion of the Custody Evaluation and receipt of the Report thereof, either party may request that an additional conciliation conference be scheduled if the parties need additional assistance with making the custodial arrangements that are in the best interest of the children. Counsel for either party may contact the conciliator directly to schedule a conference date. BY THE COURT, cc: Thomas J. Williams, Esquire Robert L. O'Brien, Esquire J. Wig,, ¢¢'?;? n F r:ry hand and i'„ F kiA Pa. SEP 01 2000 Y? TIMOTHY J. RHODY, Plaintiff, V. MICHELLE L. RHODY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-3330 Civil Action - Law IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Justin Matthew Rhody September 30, 1987 Mother and Father Brandon Lake Rhody July 6, 1993 Mother and Father Patrick Neal Rhody May 18, 1994 Mother and Father 1. A Conciliation Conference was held on August 29, 2000 with the following individuals present: Father, Timothy J. Rhody and his counsel, Thomas J. Williams, Esquire ; Mother, Michelle L. Rhody and her counsel, Robert L. O'Brien, Esquire. 2. The parties agreed to the entry of an Order in the form as attached. Date M lissa Peel Greevy, Esquire Custody Conciliator VERIFICATION I, Thomas J. Williams, Esquire, counsel for Timothy Rhody depose and say, subject to the penalties of 18 Pa. C.S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on his behalf, and that I will supplement this Verification in the near future with one executed by my client. 1 WA s..,;, Thomas I Wil ' s, Esquire Date: October 30, 2000 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Y ee&.j Tn is D. Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 30, 2000 c _i mr-i z ?lJ Ti Z W icy x* `r, Dc ?r b, ty 1 F TILMDATAPIL?Gendx.cu 712276,. dw/tde Cmemd'. 05/30/001021.41 AM Revised. 05/30/00 0323'.03 PM TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 3330 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 3390 CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Timothy J. Rhody, an adult individual who currently resides at 81 Cranes Gap Road, Carlisle, Cumberland County, PA 17013. 2. Defendant is Michelle L. Rhody, an adult individual who currently resides at 81 Cranes Gap Road, Carlisle, Cumberland County, PA 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. There have been no prior actions of divorce or for annulment between the parties. 5. The marriage is irretrievably broken. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff requests the Court to enter a decree of divorce. MARTSON DEARDORFF WILLIAMS & OTTO By GL f f01/? Thomas J. Willi s, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: May .3?6 2000 VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. FVILP.S'NATA ILLn .d.c..A712276wm.dw I-A v I C V rte'J c`a ob f G c F:\FILES\DATAFILE\Oend m\712296-effse/M, Cmazed. 051301M 10.2741 AM Revised 06/22/0010: 15.45 AM TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _33330 NO. 2000- CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ; SS. I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Michelle L. Rhody at 81 Cranes Gap Road, Carlisle, PA 17013 on May 31, 2000 by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Michelle Rhody" and dated June 1, 2000. i Thomas J. )VIliams, Esquire Sworn to and subscribed before me this 28" day of June, 2000. (tart' Public Notarial Seal Trlcia D. Eckenroad, Notary Public Carlisle Boro, Cumberland County My Commission Expires Oct. 23, 2000 /(0006'T a-4 + Plvfk 5I- Z --38,760 451 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Internnsnnnl hA?a rc-- N rn Return Whom & Date a err a heard Receipt$howing to Z $ 3 , a. 75 TOTAL Postage & Fees $ E Postmark or Date o` LL rn a. 3 v SENDER: 0 0 Complete items t and/or 2 for additional services I also wish td receive the follow. ` . Complete items 3, 4a, and 4b. ? Print your name and address on th Ing services (for an extra fee): j e reverse oT Fs form so that we can return this card to you. -- m d ? Attach this form to the front of the mailpiece, or on the back it space does not permit. 1 p Addressee's Address ?Write'Retum Raceipt Requested' on the mailpiece below the article number. ? The Return Receipt will sh t 2 ?ReStnCied De IVety O ow o whom the article was delive delivered. red and the date y 3. Article- Addlegsed to E f 1 °' CQ PA l 70/3 Z H 5. Received By w 0 6. Signature (Ac T N or ? Registered Certified ? Express Mail ? Insured ? Return Receipt for Merchandise ? COD 7. Date of Delivery _ lee is paid) u N m c rn w Y m tL- PS Form 3811, December I9 , 102595-99-B-0223 O F\FILRS\DATAFIL2\G,n,eDD.,U.,,IS110102-Lwn l Gwled. 10/22/01 08.52.37 AM Re,.ed. 0/1 D03 091916 AM TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-3330 - CIVIL ACTION - LAW MICHELLE L. RHODY Defendant : IN DIVORCE AFFIDAVIT OF CONSENT May 3 1, I 2000• A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND 3301 d OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date:--r Timothy J. ainfif ?- G m R c. IECEIVEL JUN 2 5 2003 NAn\J\/ r F.IFILES\DATAFILE\General\Docum ,,,\10102-1 con2 Created: 10/22/01 09 523] AM Revisal. 05115103 0445.03 PM TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-3330 - CIVIL ACTION - LAW MICHELLE L. RHODY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT t• A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 31, 2000. I acknowledge receiving a true and correct copy of the Divorce Complaint, said copy being served upon me by Certified Mail, Restricted Delivery, on June 1, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division ofproperty, fees or expenses if I do not claim them before a divorce is granted. lawyer's WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses ifI do not claim them before a divorce is granted. .3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit and waiver are true and correct. I relating understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 to unsworn falsification to authorities. Date, ?M'chelle Rhody, Defendant C, i >f) J' \1 i `ECEIVEL MAY 2'7 2003 N A n\A/r E\ FILESOASAF]L9\Grnael\Cmr ,U 0102. 1pre2/tdc Created. 10/22/01 08'.5237 AM Revised'. 06/03/05 0318.49 PM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff iff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000-3330 - CIVIL ACTION -LAW MICHELLE L. RHODY, Defendant IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1 • Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: via certified mail, restricted delivery on June 1, 2000. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code: June 25, 2003; by the Defendant: May 22, 2003. 4. Related claims pending: None. 1?. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 30, 2003. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 11, 2003. MARTS/ON DEARDORFF WILLIAMS & OTTO By ?K?N.avA-104? Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013 (717) Date: June 3, 2003 243-3341 Attorneys for Plaintiff n N U o O T A? t- { -arn p -G TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000- 3330 CIVIL TERM MICHELLE L. RHODY CIVIL ACTION-LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Timothy J. Rhody, an adult individual, currently residing at 81 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Michelle L. Rhody, an adult individual, currently residing at 5 Northview Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendant seeks custody of the following children : Justin Matthew Rhody, age 12, born 9/30/87 Brandon Luke Rhody, age 7, born 7/6/93 Patrick Neil Rhody, age 6, born 5/18/94 Brandon was born out of wedlock, Patrick was born in wedlock and the Plaintiff adopted Justin after the parties marriage . The children are presently in the primary custody of Michelle L. Rhody. During the past five years the children have resided with the following persons at the following addresses: (a) From November 1995 to the June 2000, with the parties at 81 Cranes Gap Road, Carlisle, PA 17013. Prior to moving to Carlisle the children resided with the parties in Greensburg, Pennsylvania. (b) From July, 2000 with the Mother and Lee E. Strawser at 5 Northview Drive, Carlisle, PA 17013. The natural mother of the children is Michelle L. Rhody. She is presently married but her husband has filed a no fault divorce action. The natural father of the children is Timothy J. Rhody. He is married and separated. 4. The relationship of the Defendant to the children is that of natural mother. The Defendant currently resides with Lee E. Strawser and the children. 5. 6. capacity in other litigation, Court. concerning the custody of the children in this or in any other Defendant does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The mother has been the primary caretaker of the children since their births and is capable of providing the care the children need. After the parties relocated to Carlisle they decided in 1997 that the Defendant would not be employed but rather a full time homemaker. The relationship of the Plaintiff to the children is that of natural father. Defendant has not participated as a party or witness, or in any other (b) The Plaintiff currently works from 5:00 p.m. to 4:30 a.m. during the reek. (c) The Defendant supports that the Father should have regular and frequent periods of partial custody as the parties reside in the same neighborhood. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, the Defendant requests your Honorable Court to: A) grant primary custody of the children to the Defendant; B) set a reasonable and realistic arrangement which will adequately foster an ongoing relationship between the children and their Father; C) grant such other relief as is just and in the best interest of the children. Respectfully submitted, Date: /o / G /cry O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody 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. MICHELLE L. DATE: ?? I F.\FILES\DATAFILE\G,,do cu1t/12276-o,d 1/t& Crw¢d. 05/30/00102741 AM Revi,d 09/27/0004x23.32 PM 712276 . TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 CIVIL ACTION -LAW IN DIVORCE z ODER 24 I AND NOW, _ day of O c oh 2000, it appearing that Plaintiff's Petition for Special Relief has been withdrawn and the issues raised therein were resolved by the parties, the hearing scheduled for Monday, October 2, 2000 is CANCELLED. BY THE COURT. cc: Thomas J. Williams, Esquire Attorney for Plaintiff Robert L. O'Brien, Esquire Attorney for Defendant RXs /0-y-00 ?i^;';'; LISA .I.I?J FWILES\DATAPILE\Gmdoc <r712296-pra.1/tde Created'. 05/30/00 103]41 AM Revised. 09/27100 03'.5800 PM ]122]6 1 TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw Plaintiff's Petition for Special Relief which was filed on or about July 7, 2000. MARTSON DEARDORFF WILLIAMS & OTTO By ?1?yw/? Thomas J. Willi s, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: September 27, 2000 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By ?cia D. Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 27, 2000 fill y po TIMOTHY J. RHODY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE L. RHODY DEFENDANT 00-3330 CIVIL ACTION LAW IN CUSTODY ORDER OF CO RT AND NOW, this 20th day of October , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill PA 17011 on the 20th day of November 2000, at 1:00 p.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 define 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: /s/ Melissa P wevy Esq V 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 a?° 71 TIMOTHY J. RHODY, Plaintiff/Respondent V. MICHELLE L. RHODY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION REQUESTING A CUSTODY HEARING AND NOW, comes Michelle L. Rhody, Defendant/Petitioner in the above- captioned matter, by and through her attorney, Robert L. O'Brien, Esquire and respectfully represents as follows: 1. Attached hereto and incorporated herein is a custody complaint filed by Michelle L. Rhody, in response to her husband's filing. Also attached is a conciliation report and court order. 2. Pursuant to the court order, the Respondent, Timothy J. Rhody, was anticipating arranging for a custody evaluation. To date, the Petitioner and her attorney have had no contact in reference to the said custody evaluation. 3. Petitioner requests that she be given primary physical custody of the children. WHEREFORE, Petitioner respectfully requests that this Honorable Court establish a hearing date to take testimony in reference to a determination as to the custody of 3 minor children. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: A Robert L. O'Brien, Esquire Attorney for Defendant/Petitioner I. D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/domestic/rhody, pet VERIFICATION I verify that the statements made in the foregoing Petition Requesting a Custody Hearing are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. N Michelle L. Rhody Date: Qca llo TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-3330 CIVIL TERM MICHELLE L. RHODY, CIVIL ACTION-LAW Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE I, Robert L. O'Brien, Esquire, hereby certify that on October 2000,1 served a copy of the foregoing Petition Requesting a Custody Hearing by placing the same in the United States Mail, First Class, postage prepaid, addressed as follows: Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, Pennsylvania 17013 Robert L. O'Brien, Esquire SO u 120000 TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-3330 Civil Action - Law MICHELLE L. RHODY, Defendant. IN CUSTODY RDER OF COURT AND NOW, this - -54h day of 2000, upon consideration of the attached Custody Conciliation deport, it is ordered and directed as follows: 1. The parties shall have shared legal custody of the minor children, Justin Matthew Rhody, born September 30, 1987, Brandon Lake Rhody July 6, 1993 and Patrick Neal Rhody, born May 18, 1994. 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 this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of a reasonable use to the other parent. Specifically, the parent shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the child's education and activities as fully as possible. 2. The parties shall have shared physical custody arranged in a week on, week off fashion. Commencing September 3, 2000, Father shall have custody from 5:00 p.m. Sunday until 5:00 p.m. Sunday September 10, 2000 when Mother begins her custodial week. The parties shall follow the alternating pattern for a minimum of twelve (12) weeks. During Father's custodial week the children shall go to Mother's home after ?, 411 No. 00-3330 school year on school days where Father will pick up the children after he gets off work. 3. Father shall provide transportation incident to the exchanges of custody. 4. Father shall provide a key to his home to Justin Matthew Rhody to be used in the event that one of the children has a need for a personal item left in Father's home. 5. Thanksgiving and Christmas holidays shall be shared by the parties as agreed upon by the parties. 6. The parties shall submit themselves and the minor children to an independent custody evaluation which shall include the input of Lyle Jobe, M.D. The parties shall sign all necessary releases and authorizations for the evaluators to obtain medical and psychological information pertaining to the parties. Cost of this evaluation shall initially be borne by Plaintiff. Neither party has waived their right to file the appropriate petition to request contribution in a greater percentage from the other party. 7. Within sixty (60) days following the completion of the Custody Evaluation and receipt of the Report thereof, either party may request that an additional conciliation conference be scheduled if the parties need additional assistance with making the custodial arrangements that are in the best interest of the children. Counsel for either party may contact the conciliator directly to schedule a conference date. BY THE COURT, cc: Thomas J. Williams, Esquire Robert L. O'Brien, Esquire lyl1?/ J. 9 coPY simony tivharmOf i`?j seal Of said h;..7......... d I h-r- ;;; my hand U,7 n, t„i4l Pa. 11 SEP 012000 0 TIMOTHY J. RHODY Plaintiff, V. MICHELLE L. RHODY Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-3330 Civil Action - Law IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Justin Matthew Rhody September 30, 1987 Brandon Lake Rhody July 6, 1993 Mother and Father Patrick Neal Rhody May 18, 1994 Mother and Father y Mother and Father 1. A Conciliation Conference was held on August 29, 2000 with the following individuals present: Father, Timothy J. Rhody and his counsel, Thomas J. Williams, Esquire ; Mother, Michelle L. Rhody and her counsel, Robert L. O'Brien, Esquire. 2. The parties agreed to the entry of an Order in the form as attached. 1 Date M lissa Peel Greevy, Esquire Custody Conciliator TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 3330 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Timothy J. Rhody, an adult individual, currently residing at 81 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Michelle L. Rhody, an adult individual, currently residing at 5 Northview Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendant seeks custody of the following children : Justin Matthew Rhody, age 12, born 9/30/87 Brandon Luke Rhody, age 7, born 7/6/93 Patrick Neil Rhody, age 6, born 5/18/94 Brandon was born out of wedlock , Patrick was born in wedlock and the Plaintiff adopted Justin after the parties marriage . The children are presently in the primary custody of Michelle L. Rhody. During the past five years the children have resided with the following persons at the following addresses: (a) From November 1995 to the June 2000, with the parties at 81 Cranes Gap Road, Carlisle, PA 17013. Prior to moving to Carlisle the children resided with the parties in Greensburg, Pennsylvania. (b) From July, 2000 with the Mother and Lee E. Strawser at 5 Northview Drive, Carlisle, PA 17013. The natural mother of the children is Michelle L. Rhody. She is presently married but her husband has filed a no fault divorce action. The natural father of the children is Timothy J. Rhody. He is married and separated. 4. The relationship of the Defendant to the children is that of natural mother. The Defendant currently resides with Lee E. Strawser and the children. 5. The relationship of the Plaintiff to the children is that of natural father. 6. Defendant has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Defendant does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The mother has been the primary caretaker of the children since their births and is capable of providing the care the children need. After the parties relocated to Carlisle they decided in 1997 that the Defendant would not be employed but rather a full time homemaker. (b) The Plaintiff currently works from 5:00 p.m. to 4:30 a.m. during the week. (c) The Defendant supports that the Father should have regular and frequent periods of partial custody as the parties reside in the same neighborhood. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, the Defendant requests your Honorable Court to: A) grant primary custody of the children to the Defendant; B) set a reasonable and realistic arrangement which will adequately foster an ongoing relationship between the children and their Father; C) grant such other relief as is just and in the best interest of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire 17 West South Street Date: Carlisle, PA 17013 (717) 249-6873 TRUE COPY FROM RECORD in Testimony wnereof, I here unto set my hand and the seal of said Court at Carlisle. Pa. this /?_day ofd ??L sr? /'. ODD ?- Prothonotary VERIFICATION I verify that the statements made in the foregoing Complaint for Custody 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: 0 MICHELLE L. RHODY SEP 012000y' TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-3330 Civil Action - Law MICHELLE L. RHODY, IN CUSTODY Defendant. ORDER OF COURT AND NOW, this 5 ` day of S 2 K4,-k, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall have shared legal custody of the minor children, Justin Matthew Rhody, born September 30, 1987, Brandon Lake Rhody July 6, 1993 and Patrick Neal Rhody, born May 18, 1994. 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 this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of a reasonable use to the other parent. Specifically, the parent shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the child's education and activities as fully as possible. 2. The parties shall have shared physical custody arranged in a week on, week off fashion. Commencing September 3, 2000, Father shall have custody from 5:00 p.m. Sunday until 5:00 p.m. Sunday September 10, 2000 when Mother begins her custodial week. The parties shall follow the alternating pattern for a minimum of twelve (12) weeks. During Father's custodial week the children shall go to Mother's home after ?? - , i'U(?:? ,. , - ago ii.; ?' No. 00-3330 school year on school days where Father will pick up the children after he gets off work. 3. Father shall provide transportation incident to the exchanges of custody. 4. Father shall provide a key to his home to Justin Matthew Rhody to be used in the event that one of the children has a need for a personal item left in Father's home. 5. Thanksgiving and Christmas holidays shall be shared by the parties as agreed upon by the parties. 6. The parties shall submit themselves and the minor children to an independent custody evaluation which shall include the input of Lyle Jobe, M.D. The parties shall sign all necessary releases and authorizations for the evaluators to obtain medical and psychological information pertaining to the parties. Cost of this evaluation shall initially be borne by Plaintiff. Neither party has waived their right to file the appropriate petition to request contribution in a greater percentage from the other party. 7. Within sixty (60) days following the completion of the Custody Evaluation and receipt of the Report thereof, either party may request that an additional conciliation conference be scheduled if the parties need additional assistance with making the custodial arrangements that are in the best interest of the children. Counsel for either party may contact the conciliator directly to schedule a conference date. BY THE COURT, cc: Thomas J. Williams, Esquire Robert L. O'Brien, Esquire Cd T00 ? R SEP 01NOOK TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-3330 Civil Action - Law MICHELLE L. RHODY, IN CUSTODY Defendant. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: _ CURRENTLY IN CUSTODY OF NAME DATEOBIRTH Justin Matthew Rhody September 30, 1987 Mother and Father Mother and Father Brandon Lake Rhody July 6, 1993 Mother and Father Patrick Neal Rhody May 18, 1994 1. A Conciliation Conference was held on August 29, 2000 with the following individuals present: Father, Timothy J. Rhody and his counsel, Thomas J. Williams, Esquire ; Mother, Michelle L. Rhody and her counsel, Robert L. O'Brien, Esquire. 2. The parties agreed to the entry of an Order in the form as attached. L M Vssa Peel Greevy, Esquire Date Custody Conciliator F:WILES\DATAFILE\Ge &d 'ud10102-1. I Created. 10/22/01 08.52.37 AM Revised. 10/22/0108 55 51 AM TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-3330 - CIVIL ACTION - LAW MICHELLE L. RHODY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. 2000. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 31, . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER L3301(c) AND S 3301 (d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit and waiver 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:_ /U-941-01 ?- Timothy J ody, Plaintiff f CJ: to K TIMOTHY J. RHODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHELLE L. RHODY 00-3330 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 12TH day of JULY , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue Suite 105, Camp Hill PA 17011 on the 8TH day of AUGUST , 2000, at 2:00 PM 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. 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: /s/ Melissa P reeveq 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ??? £/- C 47- F TILES\DATAPILE\C .doc.cmV 11276-c.. w 0d. C.d. 05/30/0010:4238 AM Revised 07/10/0002.1951 PM TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND ,C?OUNTY, PENNSYLVANIA NO. 2000- CI L ACTION -LAW IN CUSTODY ORDER OF COURT ANDNOW,this_dayof upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of , at in. 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. 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: Custody Conciliator 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiffis Timothy J. Rhody, an adult individual currently residing at 81 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Michelle L. Rhody, an adult individual currently residing at 5 Northview Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Justin Matthew Rhody, born September 30, 1987; Brandon Lake Rhody, born July 6, 1993; and Patrick Neal Rhody, born May 18, 1994. The children were not born out of wedlock. Since their birth, the children have resided with the following persons at the following addresses for the following periods of time: The children have resided with both Plaintiff and Defendant since their births until June 15, 2000 and since that time have resided with Defendant at an unknown or undisclosed location. 4. The relationship of the Plaintiff to the children is that of father. He is married. The Plaintiff currently resides alone. 5 Defendant currently resides with the following: 6. children in this court or any court. 7. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because: Plaintiff will be best able to provide a stable and nurturing environment for his sons. 8. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSONN DEARDORFF?WILLIAMS & OTTO By `"a(.(...ti Thomas J. Wi' s, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff The relationship of the Defendant to the child is that of mother. She is married. The Name Relationship Lee Strawser Boyfriend Justin Matthew Rhody Son Brandon Lake Rhody Son Patrick Neal Rhody Son The parties have not participated in previous litigation concerning the custody of the Date: July 10, 2000 VERIFICATION The foregoing Complaint to Confirm Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Lz Timothy J. Rho F. NILES\GATAFILE\Gcndx cwV 12216 comas -2) 44 u U U c <Y c.y - ?c - nu, = !i -77 .{ f J _ TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-3330 CIVIL ACTIOl`, MICHELLE L. RHODY, Wes' Defendant IN DIVORCE RULE AND NOW, -L25ay of July, 2000, a Rule is hereby issued upon Defends Rhody, to show cause, if any there be, why the relief requested in the foregoing Peti Relief should not be granted. r Rule returnable _ a .-. row 21t C- ?C2U v; ` sCI eLW VV cue c? A hearing on the Petition for Special Relief is scheduled for Courtroom No. _L of the Cumberland County Courthouse on Z , 2000 at 4 j? D Qm. BY THE COURT. J. cc: Thomas J. Williams, Esquire Attorney for Plaintiff Robert L. O'Brien, Esquire Attorney for Defendant 7-17"a0 *S cl 0 ; F:\FILES\DAPAFILE\Cend,, .cwg12276-p¢I/tde Created: 05/30/00 10.2)41 AM Revised .07/10/00 01 41:09 PM 7122.76 TIMOTHY J. RHODY, Plaintiff V. MICHELLE L. RHODY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF (RESTORATION OF FURNITURE AND APPLIANCES REMOVED FROM THE MARITAL RESIDENCEI AND NOW, comes Plaintiff (hereinafter referred to as "Husband"), by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO pursuant to Pa. R.C.P. 1920.43 and avers as follows: 1. On June 15, 2000, Defendant (hereinafter referred to as "Wife") left the marital residence at 81 Cranes Gap Road, Carlisle, (North Middleton Township), Cumberland County, Pennsylvania, and moved in with her boyfriend, Lee Strawser, at 5 Northview Drive, Carlisle, (North Middleton Township) Cumberland County, Pennsylvania. 2. Prior to June 15, 2000, the parties lived together with their three minor children at the martial residence which was 81 Cranes Gap Road, Carlisle, (North Middleton Township), Cumberland County, Pennsylvania. 3. On June 15, 2000, Wife, with the consent of Husband, took the children for an extended summer visit with their grandparents in Greensburg, Westmoorland County, Pennsylvania. 4. On June 30, 2000, after Wife left the marital residence, the lease was transferred to the name ofHusband. A copy of the Lease Agreement is attached hereto and marked as Exhibit "A." 5. During the night of July 5-6, 2000, while Husband was at work, Wife, together with person or persons unknown, entered the residence and removed various furniture and appliances, all without the knowledge or consent of Husband. 6. When Husband returned from work at about 5:00 a.m., and discovered the numerous items missing from his home, he notified the North Middleton Township Police who investigated and later told him that Wife admitted removing these items with the assistance of person or persons whose identity she refused to disclose. North Middletown Township Police advised Husband that they considered it a marital matter to be resolved by the Court because Wife used a key and did not break-in. As best as Husband can tell, the items removed from his home are listed on Exhibit "B 8. Wife left in the house only the items listed on Exhibit "C." 9. Many of the items removed by Wife were furniture and other things used by the children; consequently, Husband is unable to provide for the children when they return from their visit with their grandparents, which is imminent, and which may have already occurred by the time this Petition is filed. 10. It will be a hardship for the children to live in Husband's home since their bedroom sets and other belongings were surreptitiously and unilaterally removed by Wife in a midnight raid of Husband's home on July 5-6, 2000. WHEREFORE, Husband requests Your Honorable Court to Order and Direct Wife to return forthwith all items of marital property that she removed from Husband's home. MARTSON DEARDORFF WILLIAMS ,& OTTO Thomas J. W' 1' s, Esquire Ten East Hig Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July 10, 2000 5 This Agreement 5 Made this nom. 3D day of AD 20" 5 between hereinafter styled the party of the first part, and r second part, hereinafter styled the party of the WIT SSETH, af'the said party of the fast part, in consideration of the rent and covenants herei fte>;mentioned, dcth emise and lease unto the said party of the second part to be ? used as it County of the premises situated in the ° and Commonwealth of Pennsylvania, described as follows: V" aW44&1 TO HAVE AND TO HOLD unto the said party of the second part , subject to the conditions of this agreement for the term beginning on the 3Qi' "?_/d` /j,? a day of J? -- , 20 00 and ending on the a 9a4 da of Gµ / CONSIDERATION OF WHICH the said party of the second part agrees to pay to the said party of the first part for the use and occupancy of the said premises, the sum of Y?V446tf?r dollars, payable as follows, viz: AS A FURTHER CONSIDERATION for the use and occupancy of said premises the said party of the second part hereby agrees to faithfully keep and be bound by the following covenants, conditions and agreements, viz: The said premises are to be kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are to be surrendered in like repair and condition, natural wear and damages happening by fire, storm or other casualties only excepted. The premises are to be kept in a clean and sanitary condition and all ashes or other garbage which may accumulate thereon during the term are to be removed, and in case of failure to remove the same the party of the first part may collect as rent due and in arrears double the cost of removal; the water, lighting or other service for the use of the occupants of the said premises furnished by any Public Service Company during the said term shall be paid for by the said party of the second part unless otherwise provided herein, or the same may be collected by the said party of the first part as rent due and in arrears. Nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the buildings thereon whereby the hazard may be increased or the insurance invalidated; neither the whole nor any portion of the said premises shall be sublet, nor shall this lease or any interest therein be assigned, nor shall the party of the second part remove or attempt to remove from said premises during the tern of this lease, without the written consent of the said party of the first part; and no unlawful business shall at any time be carried on upon said premises. The party of the first part expressly reserves the right to enter upon the premises at reasonable times for the purpose of making necessary inspection, repairs, or to show the same to prospective purchasers or lessees, and may display "for rent" or "for sale" cards thereon. The removal of any goods from the premises, whether by day or by night, without the written consent of the party of the first part, shall be deemed a clandestine and fraudulent removal and such goods shall remain liable to distress for a period of thirty days after such removal wherever the may be found. If default shall be made in the payment of any part of the said rent after the same becomes due, or in case of a breach or evasion or any attempt to break or evade any of the covenants or conditions of this agreement, the entire rent reserved for the full term of this lease remaining unpaid shall become due and payable at once and may forthwith be collected by distress or otherwise, and at the same time the party of the first part may forfeit and annul the unexpired portion of this lease and enter upon and repossess the said premises with or without process of law, and without giving any notice whatsoever. Acceptance by the party of the first part of any of the said rent at any time after the same shall become due, after default has been made in the payment thereof, or any failure to enforce any of the rights herein reserved to the party of the first part, or any of the penalties, forfeitures or conditions herein contained, shall not in any wise be considered a waiver of the right to enforce the same at any time without any notice whatsoever, and any attempt to collect the rent by one proceeding shall not be considered as a waiver of the right to collect the same by any other proceeding, but all of the rights of the party of the first part, and all forfeitures, penalties and conditions may be enforced together or successively at the option of the patty of the first part. EXHIBIT "A" for It is further agreed that if the party of the second part shall become insolvent, make an assignment the benefit of creditors, commit any act of bankruptcy, file a voluntary petition in bankruptcy, or if any judgment shall be entered or an involuntary petition in bankruptcy filed against the said party of the second part, all the rent reserved for the full term of this lease shall become due and collectable immediately by distress or otherwise. The Prothonotary or any attorney of any Court of Record of Pennsylvania is hereby authorized to appear for and to confess ajudgment against the said party of the second part and in favor of the said party of the first part for the whole amount of said rent as hereinbefore set forth. And the said party of the second part hereby waives the usual notice to quit, and agrees to surrender said premises at the expiration of said tens, or the termination of this lease, without any notice whatsoever. And upon any proceeding instituted for the recovery of said rent, either by distress or otherwise, the said party of the second part waives the benefit of all appraisement, stay and exemption laws, the right of inquisition on real estate, and all bankruptcy or insolvency laws now in force or hereafter passed. Upon the breach of any of the covenants or agreements of this lease or upon its termination by forfeiture, default or expiration, the Prothonotary or any attorney as aforesaid is hereby authorized to appear for and to confess judgment in an amicable action of ejectment against the said party of the second part and in favor of the said party of the first part for the premises herein described and to direct the immediate issuing of a writ of habere facias possessionem with clause of fieri facias for costs, waiving all irregularities, without notice and without asking leave of court. If the Lessee shall continue in the occupation of the said demised premises after the expiration of the term hereby created with the consent of the Lessor, it shall be deemed a renewal of the Lease, and of all the covenants, terms and conditions herein contained for the term of another month and so on from month to month until the Lease is terminated by either patty hereto giving to the other not less than ninety days written notice for removal prior to the expiration of the then current term; provided however, that if the Lessors shall have given one months written notice prior to the expiration of any tern of intention to change the conditions of this Lease, and the Lessee shall hold over after such notice, he shall be considered Lessee under the terms and conditions mentioned in such notice, for a further term of one month and until this Lease is terminated by notice, or otherwise, as herein provided. Leaving notice upon the premises shall be a sufficient service thereof. 1. Receipt is hereby acknowledged that a "damage security deposit" ? 110 has been paid to Owners by Tenants. Said damage deposit to be retained the entire term of this leas and is to be pro-rated, retained or returned to tenants upon tenant's vacating premises after final inspection by landlords. 2. Pictures or other objects may be hung provided hanging is accomplished by means of angle type picture hangers. 3. Plumbing leaks and adjustments will be taken cue of and paid for by the Owner's excepting clogged plumbing which shall be corrected at tenants expense unless clogging is caused by an inherent defect, such as pitch, or fall in the plumbing. 4. Overloading electrical system shall not be permitted -Any damage to electrical system caused by overloading shall be repaired at tenant's expense. Any repairs needed to electrical system as a result of a defect in wiring or power failure shall be paid for by Landlord's. 5. All roles and regulations pertaining to operation of dishwasher, disposal, stove, air conditioners shall be observed by tenants. Landlords will correct and pay for at their expense any failure or defect inherent in the machine itself including parts. Tenants shall be responsible for any repairs, including part of any appliance failure caused by overloading, abuse, or not observing regulations covering operation of any appliance. 6. Landlord's do not represent basemant to be habitable nor do they accept any responsibility for water or mildew damage in the basement. 7. It shall be tenant's responsibility to keep sidewalks clear of all debris including snow. 8. Tenant's will provide for grass to be cut on the premises. 9. Should Landlord's permit animals to be kept by tenant's it shall be understood by tenant's that Landlord's reserve the right to require tenant's to have animals removed from premises or tenant's to vacate premises if noise, disturbance, or uncleanliness results from keeping said pets, or if adjoining tenant's complain of such conditions. The conditions of this agreement shall extend to the administrators and executors of all the parties hereto. IN WITNESS WHEREOF, the parties aforesaid have hereunto set their hands and seals the day and year first above written. ? b? ??? The following items were removed from the residence. Brandon and Patrick's bedroom: 1- Set of bunk beds with mattress and bedding set 2- Chest of drawers 2- complete sets of wardrobes 75-100- various toys 1- Children's desk 1- Chalkboard 15-18- Pictures, posters, wall decorations 2- Sets window drapes 2-Lamps 8-10- various trophy's, and awards Master bedroom: 1- Complete wardrobe (Michelle's) 8- Pictures, posters, wall decorations 1- Bed set (blanket and sheets) 4- Pillow cases 4- Sex toys 50-75- Knick-knacks, collectibles Dinning room: 1- Dinning table (hardwood) 6- Matching chairs 1- China hutch 1- Complete set antique china (serves 16) 1- 20"x 25" mirror 15- Pictures, posters, wall decorations 2- Drawers of files 25-30- Computer CD's (games, utilities, software) Kitchen: 12- Serving sets of "Tea Rose" china (1 set =1-12" plate, 1-611 plate, 1- bowl, 1- tea cup platter, 1- tea cup) EXHIBIT "B" 12- Sets silverware (1-large fork, l- small fork, 1- large spoon, l- small spoon, 1- butter knife) Following "Tea Rose" items: 1- Set salt-pepper shakers 3- Canisters 2- Service platters 1- Gravy boat 2- Casserole dishes 3- salad bowls 24- "Tea Rose" glasses 25-30 Collectors tins, cookie jars, Knick-knacks 15- Assorted pots and pans with lids 3- Cookbooks 4- Wall decorations 12- assorted Tupperware storage containers 2- Stone baking sheets 12- Assorted cooking-serving utensils Living room: 3- Sets window drapes 1- 24 book encyclopedia set 2- Photo albums 1- Clock 4- Collectable item display shelves 150-175- collectable items, knick-knacks 22- Video tapes (children and regular movies) 31- Various music CD's 15- Pictures, wall decorations Justin's room: 1- Chest of drawers 1- Desk with chair 1- Complete wardrobe 2- Complete bedding sets 1- Radio-CD player 1- Portable CD player 18- Pictures, wall decorations, posters 8-10 Trophy's and awards All toys, crafts, projects Bathroom: 2- sets matching bath towels-rugs All major items from medicine cabinet 15-18- Bath towels, wash cloths 1- Large first aid kit Basement: 8- Laundry baskets 3- Large, long term storage hampers (clothing) Outside: 4- Bicycles 12- Pieces baseballs equip. 10- various yard toys, games c Remaining item list Brandon and Patrick's room: Nothing Master bedroom: 1-Bed 2- dressers Dinning room: 1- Storage cabinet 1- Computer with chair Kitchen: 1- Refrigerator 1- Stove 1- Microwave 1- Serving set dishes 1- Silverware set Living room: 1- Couch 1- TV 1- Stereo 1- End table 1- Lamp Justin's room: 1- Bed Basement: 1- Washer-dryer EXHIBIT "C" VERIFICATION The foregoing Petition for Special Relief is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Timothy J. dy L? CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition for Relief was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Tn is D. Eckenroad n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 10, 2000 c? ? ? - _:: ^ -c? ~ ? _ r.:P;, ?:: -- u;._ r ,:_:-. ;?_? .. ._, i,,.. ?' C.. .. _J ?I .v TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -3536 VS. 00-34R'CIVIL MICHELLE L. RHODY, CIVIL ACTION - LAW Defendant IN RE: PETITION FOR HEARING ORDER AND NOW, this 2 l`day of November, 2000, it appearing that an answer has been filed to the petition of the defendant requesting a custody hearing, a brief argument thereon is set for Thursday, November 9, 2000, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Thomas J. Williams, Esquire For the Plaintiff Robert L. O'Brien, Esquire .`:lei mQ ?e For the Defendant //-a 00 Arn P ra j 7 ? (? VINb'AI,?S? dlV3d 1'=:r i,!J '-'.Qd00 TIMOTHY J. RHODY, Plaintiff/Respondent V. MICHELLE L. RHODY, Defendant/Petitioner ORDER AND NOW, _ day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 CIVIL ACTION - LAW IN CUSTODY 2000, Defendant's Petition requesting a custody hearing is DENIED. The parties are directed to forthwith submit themselves and the minor children to a custody evaluation by Pauline Wallin, Ph.D., 201 S. 32" Street, Camp Hill, PA 17011. At the conclusion ofthe custody evaluation and receipt of the report thereof, either party may request an additional Conciliation Conference within 60 days thereafter. CC' Thomas J. Williams, Esquire Attorney for Plaintiff Robert L. O'Brien, Esquire Attorney for Defendant BY THE COURT. Kevin A. Hess, J. F TILEMDATAPILE\G dm .\712276A &]/t& Created: O"WOO 102741 AM Revised: 10/27/00 012708 PM 7122.76 TIMOTHY J. RHODY, Plaintiff/Respondent V. MICHELLE L. RHODY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3330 CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S ANSWER WITH NEW MATTER TO DEFENDANT'S PETITION REQUESTING CUSTODY HEARING AND NOW, comes Plaintiff/Respondent, Timothy J. Rhody, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and answers Plaintiff's Petition as follows: No answer required. 2. Denied as stated. Father, Timothy J. Rhody, was indeed, and has been, arranging for a custody evaluation. The parties had agreed this would be through the Stevens Mental Center; however, due to the recent merger there, Stevens does not do custody evaluations anymore. We were referred to Pauline Wallin, Ph.D. and are in the process of finalizing the arrangements for Dr. Wallin to conduct the custody evaluation. 3. No answer required. WHEREFORE, Plaintiff/Respondent, Timothy J. Rhody, requests Your Honorable Court to enforce the Order of September 5, 2000 as arrived at the Conciliation Conference, with agreement of both parties, and to order and direct the parties and the minor children to submit themselves to an independent custody evaluation by Pauline Wallin, Ph.D., 201 S. 32nd Street, Camp Hill, PA 17011. NEW MATTER 4. The Court's Order of September 5, 2000, in Paragraph 6, required the parties to submit themselves and the minor children to an independent custody evaluation to be at the expense of Plaintiff, Timothy J. Rhody. A copy of the Court's Order of September 5, 2000 is attached hereto as Exhibit "A. 5. Plaintiff has been arranging for this evaluation and arrangements have recently been finalized. 6. The Court's Order of September 5, 2000, in Paragraph 7 provides that either party may request an additional Conciliation Conference within 60 days following the completion of the custody evaluation and receipt of the report thereon, in the event this does not resolve the custody issue. 7. Both parties agreed to this arrangement which was then incorporated into a Court Order. WHEREFORE, Plaintiff/Respondent, Timothy J. Rhody, requests Your Honorable Court to enforce the Order of September 5, 2000 as arrived at the Conciliation Conference, with agreement of both parties, and to order and direct the parties and the minor children to submit themselves to an independent custody evaluation by Pauline Wallin, Ph.D., 201 S. 32"" Street, Camp Hill, PA 17011. MARTSON DEARDORFF WILLIAMS & OTTO By IA- i Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff/Respondent Timothy J. Rhody Date: October 30, 2000 iJ.l?,????, xl . d ? ? ? SEP 012000bf! TIMOTHY J. RHODY, : IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-3330 Civil Action - Law MICHELLE L. RHODY, Defendant. IN CUSTODY ORDER OF COURT AND NOW, this ?fh day of j4irm? 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall have shared legal custody of the minor children, Justin Matthew Rhody, born September 30, 1987, Brandon Lake Rhody July 6, 1993 and Patrick Neal Rhody, born May 18, 1994. 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 this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of a reasonable use to the other parent. Specifically, the parent shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the child's education and activities as fully as possible. 2. The parties shall have shared physical custody arranged in a week on, week off fashion. Commencing September 3, 2000, Father shall have custody from 5:00 p.m. Sunday until 5:00 p.m. Sunday September 10, 2000 when Mother begins her custodial week. The parties shall follow the alternating pattern for a minimum of twelve (12) weeks. During Father's custodial week the children shall go to Mother's home after EXHIBIT "A" No. 00-3330 school year on school days where Father will pick up the children after he gets off work. 3. Father shall provide transportation incident to the exchanges of custody. 4. Father shall provide a key to his home to Justin Matthew Rhody to be used in the event that one of the children has a need for a personal item left in Father's home. 5. Thanksgiving and Christmas holidays shall be shared by the parties as agreed upon by the parties. 6. The parties shall submit themselves and the minor children to an independent custody evaluation which shall include the input of Lyle Jobe, M.D. The parties shall sign all necessary releases and authorizations for the evaluators to obtain medical and psychological information pertaining to the parties. Cost of this evaluation shall initially be borne by Plaintiff. Neither party has waived their right to file the appropriate petition to request contribution in a greater percentage from the other party. 7. Within sixty (60) days following the completion of the Custody Evaluation and receipt of the Report thereof, either party may request that an additional conciliation conference be scheduled if the parties need additional assistance with making the custodial arrangements that are in the best interest of the children. Counsel for either party may contact the conciliator directly to schedule a conference date. BY THE COURT, cc: Thomas J. Williams, Esquire Robert L. O'Brien, Esquire J. G; ?« y hand , and a. 21? SEP 01 2000 P TIMOTHY J. RHODY, Plaintiff, V. MICHELLE L. RHODY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-3330 Civil Action - Law IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Justin Matthew Rhody September 30, 1987 Mother and Father Brandon Lake Rhody July 6, 1993 Mother and Father Patrick Neal Rhody May 18, 1994 Mother and Father 1. A Conciliation Conference was held on August 29, 2000 with the following individuals present: Father, Timothy J. Rhody and his counsel, Thomas J. Williams, Esquire ; Mother, Michelle L. Rhody and her counsel, Robert L. O'Brien, Esquire. 2. The parties agreed to the entry of an Order in the form as attached. Date M lissa Peel Greevy, Esquire Custody Conciliator 1? ? .., VERIFICATION I, Thomas I Williams, Esquire, counsel for Timothy Rhody depose and say, subject to the penalties of 18 Pa. C. S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on his behalf, and that I will supplement this Verification in the near future with one executed by my client. Thomas I Will' ms, Esquire Date: October 30, 2000 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO la D. Eckenroad yTn n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 30, 2000 C) ?? C) C r_> -? ?" ? ; -v c;' .--? -- mni Z:z; .-a ?,,?.- 7 c_ w o __ ,: c?: cn:r: -' ?-; ?- ..t: _ --; C:..j D _ '??r? C_ `? t 0 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ? PENNA. .q T7Mn-.? TR Inny , .. ... _ No. 2000-3330 VERSUS MICHELLE L. RHODY DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT TIMOTHY J. RHODY PLAINTIFF, AND MICHELLE L. RHODY DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER YET BEEN ENTERED; HAS NOT BY THE 1C/q,U RT: ?/ \.f . / ATTEST J. • PROTHONOTARY ??/? J ?-? .3- ? ??.g°. F:\FILES\General\Cuirent\10102\10102.1.cuspetl/tde Created: 05/30/00 10:27:41 AM Revised: 06/07/07 09:15:38 AM 7122.76 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff/Petitioner TIMOTHY J. RHODY, Plaintiff/Petitioner V. MICHELLE L. RHODY, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-3330 CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Plaintiff/Respondent, Timothy J. Rhody, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Petition: 1. Father/Petitioner is Timothy J. Rhody, an adult who resides at 80 Alters Road, Carlisle, Cumberland County, Pennsylvania, and which is in the Big Spring School District. He is the father of the below named children. 2. Mother/Respondent is Michelle L. Rhody, an adult who resides at 6603B Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, which is in the Cumberland Valley Eagle View Middle School area. She is the mother of the below named children. 3. The children, who are the subjects of this Petition are: Brandon Luke Rhody, born July 6, 1993; and Patrick Neal Rhody, born May 18, 1994. 4. The parties share custody pursuant to an Order dated September 5, 2000, a copy of which is attached as Exhibit "A." 5. The children currently attend Cumberland Valley Eagle View Middle School. . 40 6. Mother/Respondent recently advised Father/Petitioner that she was relocating out of the area, approximately 23 miles away, which would be in the Cumberland Valley Good Hope Middle School area. 7. Mother/Respondent has not sought Court permission to relocate. 8. Mother/Respondent's relocation would put an due transportation burden on Father/Petitioner, who historically has borne the burden of most of the transportation. 9. The transportation would not be in the best interests of the children. 10. A relocation to a different school following a series of moves from different schools would not be in the best interest of the children. WHEREFORE, Father/Petitioner prays Your Honorable Court to Order and Direct: a. that the children attend Father/Petitioner's school district; and b. that Mother/Respondent bear the transportation burden that was precipitated by her relocation. Date: June 7, 2007 MARTSON LAW OFFICES By OAAA,,rA Thomas J. iams, Esquire r 10 East Hi Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff/Petitioner SEP 012000V.1 TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-3330 Civil Action - Law MICHELLE L. RHODY, Defendant. IN CUSTODY ORDER C U T AND NOW, this ?fh day of , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall have shared legal custody of the minor children, Justin Matthew Rhody, born September 30, 1987, Brandon Lake Rhody July 6, 1993 and Patrick Neal Rhody, born May 18, 1994. 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 this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of a reasonable use to the other parent. Specifically, the parent shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the child's education and activities as fully as possible. 2. The parties shall have shared physical custody arranged in a week on, week off fashion. Commencing September 3, 2000, Father shall have custody from 5:00 p.m. Sunday until 5:00 p.m. Sunday September 10, 2000 when Mother begins her custodial week. The parties shall follow the alternating pattern for a minimum of twelve (12) weeks. During Father's custodial week the children shall go to Mother's home after 1 4 No. 00-3330 school year on school days where Father will pick up the children after he gets off work. 3. Father shall provide transportation incident to the exchanges of custody. 4. Father shall provide a key to his home to Justin Matthew Rhody to be used in the event that one of the children has a need for a personal item left in Father's home. 5. Thanksgiving and Christmas holidays shall be shared by the parties as agreed upon by the parties. 6. The parties shall submit themselves and the minor children to an independent custody evaluation which shall include the input of Lyle Jobe, M.D. The parties shall sign all necessary releases and authorizations for the evaluators to obtain medical and psychological information pertaining to the parties. Cost of this evaluation shall initially be borne by Plaintiff. Neither party has waived their right to file the appropriate petition to request contribution in a greater percentage from the other party. 7. Within sixty (60) days following the completion of the Custody Evaluation and receipt of the Report thereof, either party may request that an additional conciliation conference be scheduled if the parties need additional assistance with making the custodial arrangements that are in the best interest of the children. Counsel for either party may contact the conciliator directly to schedule a conference date. BY THE COURT, cc: Thomas J. Williams, Esquire Robert L. O'Brien, Esquire s J. , 1% SEP 01 2000 TIMOTHY J. RHODY, Plaintiff, V. MICHELLE L. RHODY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-3330 Civil Action - Law IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following t report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NA DATE OF BIRTH CURRENTLY IN CUSTODY OF Justin Matthew Rhody September 30, 1987 Mother and Father Brandon Lake Rhody July 6, 1993 Mother and Father Patrick Neal Rhody May 18, 1994 Mother and Father 1. A Conciliation Conference was held on August 29, 2000 with the following individuals present: Father, Timothy J. Rhody and his counsel, Thomas J. Williams, Esquire ; Mother, Michelle L. Rhody and her counsel, Robert L. O'Brien, Esquire. 2. The parties agreed to the entry of an Order in the form as attached. t2 Date 4M-Iiis?s;;a Peel Greevy, Esquire Custody Conciliator 1 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and comet to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to =UmWeswhich provides a knowingly false averments, I may be subject to friqd&aLpcValti*es. Rhody • CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO rTnCiaD. Ajq Eckenroad n ast High Street Carlisle, PA 17013 (717) 243-3341 Date: June 7, 2007 ?? r,? 'flay ? V'? e:? ? ? ^.. - ? ? v f _ :. .?::. ? f ?? "?"? " LY , !"? ? 9 __ 11 TIMOTHY J. RHODY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE L. RHODY DEFENDANT 00-3330 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, June 08, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 16, 2007 at 11:00 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. 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 existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John T. Mangan, r., Esq. 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 14, 40 ? J? "OCT - 8 2007 IM TIMOTHY J. RHODY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 00-3330 Civil Term MICHELLE L. RHODY Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. COURT ORDER AND NOW, this ! G• day of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Order entered in this matter dated September 5, 2000 is hereby VACATED. 2. Legal Custody: The Mother, Michelle Rhody, and the Father, Timothy Rhody, shall enjoy shared legal custody of the minor children, Brandon Rhody, born 7/6/93 and Patrick Rhody, born 5/18/94. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Specifically, the parents shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the Children's education and activities as fully as possible. 3. Physical Custody: The Mother and Father shall share physical custody on a week on/week off schedule. Father shall have custody from 5:00 pm Sunday until 5:00 pm Sunday at which time, Mother begins her physical custodial week. 4. During Father's physical custodial week when the Children are in school, Father shall transport the Children directly to a before school program on Monday, Tuesday and Wednesday. If there is a fee involved and Father does not agree to pay for this program, Father shall transport the Children directly to Mother's U 19 i :01 WV L 1 100 LOOT ?Hi JO residence before school. During Father's physical custodial week, Mother shall transport the Children after school to Father's place of employment by 6:00 pm. on Monday, Tuesday and Wednesday. Father shall provide all transportation for the Children to/from school on Thursday and Friday during his custodial week. 5. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Children. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. 8. Holidays shall be shared or alternated as agreed upon. In the absence of mutual agreement, the parties shall adhere to the holiday schedule as attached. 9. This Order is entered pursuant to 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. Counsel for the parties may contact the conciliator directly to schedule a status update conference, either at the Courthouse or telephonically, to ascertain if any modifications need to be made to the transportation issue of the Children. 4 J. Cc: Anthony DeLuca, Esquire f Thomas Williams, Esquire I t x / 'CcZ `£c.L John J. Mangan, Esquire /4)//7/0-7 tlr? TIMOTHY J. RHODY Plaintiff V. MICHELLE L. RHODY Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 00-3330 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SLWMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody Brandon L. Rhody 7/6/93 Mother and Father Patrick N. Rhody 5/18/94 Mother and Father 2. A Conciliation Conference was held on July 20, 2007 with the following individuals in attendance: The Father, Timothy Rhody, with his counsel, Thomas Williams, Esquire The Mother, Michelle Rhody, with her counsel, Anthony DeLuca, Esquire 3. The Honorable Kevin A. Hess entered an Order dated September 5, 2000 directing that the parties share legal and physical custody of the Children 4. The parties agreed to the entry of an Order in the form as attached. Date: 4/ Jo J an gan, E uire C to Concilia r HOLIDAYS AND TIlVIES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Father Mother holiday to6 pm. the day of the holiday Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Thanksgiving 1" From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanksgiving Da Thanksgiving 2° From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanksgiving Da Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday KT 2 qaw?? TIMOTHY J. RHODY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-3330 Civil Term MICHELLE L. RHODY Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. COURT ORDER AND NOW, this Mt day of 7 , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Conciliation Conference A Custody Hearing is hereby scheduled on the j4, d _ day of 200,Aat - 3p am4ma in Courtroom number -?L_ in the berl d County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each parry shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 2. The prior Order of Court dated October 16, 2007 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. 7BY T COURT ?? Cc: Anthony DeLuca, Esquire Thomas Williams, Esquire John J. Mangan, Esquire n m.,a L ///;./p? twi J. 0S :6 'HV Z- AON LO-01Z ii r? TIMOTHY J. RHODY Plaintiff V. MICHELLE L. RHODY Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 00-3330 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Brandon L. Rhody 7/6/93 Mother and Father Patrick N. Rhody 5/18/94 Mother and Father 2. A Conciliation Conference was held on July 20, 2007 with the following individuals in attendance: The Father, Timothy Rhody, with his counsel, Thomas Williams, Esquire The Mother, Michelle Rhody, with her counsel, Anthony DeLuca, Esquire 3. The Honorable Kevin A. Hess entered an Order dated September 5, 2000 directing that the parties share legal and physical custody of the Children. 4. A Conference call was held on October 26, 2007 with counsel for the parties regarding transportation of the children to school and/or to Mother's residence. Counsel were unable to come to an agreement for this sole issue. 5. Father's position on transportation is as follows: Father would like all transportation of the Children to be split equally between the parties when he has physical custody of the Children. Father avers that because Mother has moved her residence several miles further away from Father's residence and place of employment, Mother should provide additional transportation. Father believes that it is not reasonable for him to travel the extra distance when it was Mother's decision to relocate. 6. Mother's position on transportation is as follows: Mother believes that the status quo should remain place and that she has not moved very far from her former residence. Mother believes that it is not unreasonable for Father to travel a few extra miles to transport the Children. P 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing as soon as possible and leaving the October 16, 2007 Order of Court in full force and effect pending a Hearing on this matter. It is expected that the Hearing will require half a day. 8. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: October 29, 2007 TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-3330 CIVIL MICHELLE L. RHODY, Defendant IN RE: PETITION TO MODIFY ORDER AND NOW, this t. ? day of January, 2008, the custody order entered in this case, dated October 16, 2007, is amended to provide that transportation of the children may be accomplished by either a parent or another adult designated by a parent. In all other respects, said order is affirmed. Thomas J. Williams, Esquire For the Plaintiff Anthony L. DeLuca, Esquire For the Defendant :rlm (20 t E S BY THE COURT, q 1 :6 W 8- NVr HOZ -lHl JO F:\FILES\Clients\10102 Rhody\10102.Lcuspet2/tde Created: 05/30/00 10:27:41 AM Revised: 09/12/08 03:53:47 PM 7122.76 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff/Petitioner TIMOTHY J. RHODY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE L. RHODY, Defendant/Respondent NO. 2000-3330 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Plaintiff/Respondent, Timothy J. Rhody, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Petition: 1. Father/Petitioner is Timothy J. Rhody, an adult who resides at 80 Alters Road, Carlisle, Cumberland County, Pennsylvania. He resides there with his wife, Jody Rhody. He is the father of the below named children. 2. Mother/Respondent is Michelle L. Rhody, an adult who resides at 6603B Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. She resides there with her husband (name presently unknown to Petition). She is the mother of the below named children. 3. The children, who are the subjects of this Petition are: Brandon Luke Rhody, born July 6, 1993; and Patrick Neal Rhody, born May 18, 1994. 4. The parties share custody pursuant to an Order dated January4, 2008, a copy of which is attached as Exhibit "A.," which Order amended only transportation of the children. 5. A prior Order dated October 16, 2007, encompassed all other aspects of the custody of the children. A copy of said Order is attached hereto as Exhibit "B." 6. Petitioner wishes the following modifications to the most recent Custody Orders: a. On the alternate week when Father has custody of the children, Father will bring the children to Mother's address before school. Father requests that Mother transport the children to Father's home after school. This is due to Father's forced change of employment-he is now working at Central Transport in York, Monday through Friday, 7:30 a.m. to 5:00 p.m., or later. The best interest of the children is for them to have a consistent custody time. b. A change of custody shall occur on Mondays after school, in lieu of Sunday. C. This custody arrangement would continue notwithstanding Father's deployment overseas with the United States Army in Iraq. 7. John J. Mangan, Esquire, has been the conciliator for this case. 8. The Honorable Kevin A. Hess has heard prior Petitions in this matter. WHEREFORE, Father/Petitioner prays Your Honorable Court to Order and Direct: a. that Father's requested change of transportation be granted; b. a change of custody shall occur on Mondays after school, in lieu of Sunday; and c. this custody arrangement would continue notwithstanding Father's deployment overseas with the United States Army in Iraq. MARTSON LAW OFFICES By Thomas J. Wil arms, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff/Petitioner Date: September 15, 2008 TIMOTHY J. RHODY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-3330 CIVIL MICHELLE L. RHODY. Defendant IN RE: PETITION TO MODIFY ORDER AND NOW, this tI+ ? day of January, 2008, the custody order entered in this case, dated October 16, 2007, is amended to provide that transportation of the children may be accomplished by either a parent or another adult designated by a parent. In all other respects, said order is affirmed. BY THE COURT, f) Kevin A. Hessl) t Thomas J. Williams, Esquire ; For the Plaintiff Anthony L. DeLuca, Esquire For the Defendant rlm EXHIBIT "A" "' 01 CT - 8 2007 4,W TIMOTHY J. RHODY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 00-3330 Civil Term MICHELLE L. RHODY Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. COURT ORDER .fi AND NOW, this day of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Order entered in this matter dated September 5, 2000 is hereby VACATED. 2. Legal Custody: The Mother, Michelle Rhody, and the Father, Timothy Rhody, shall enjoy shared legal custody of the minor children, Brandon Rhody, born 7/6/93 and Patrick Rhody, born 5/18/94. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information- pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Specifically, the parents shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the Children's education and activities as fully as possible. 3. Physical Custody: The Mother and Father shall share physical custody on a week on/week off schedule. Father shall have custody from 5:00 pm Sunday until 5:00 pm Sunday at which time, Mother begins her physical custodial week. 4. During Father's physical custodial week when the Children are in school, Father shall transport the Children directly to a before school program on Monday, Tuesday and Wednesday. If there is a fee involved and Father does not agree to pay for this program, Father shall transport the Children directly to Mother's EXHIBIT "B" residence before school. During Father's physical custodial week, Mother shall transport the Children after school to Father's place of employment by 6:00 pm. on Monday, Tuesday and Wednesday. Father shall provide all transportation for the Children to/from school on Thursday and Friday during his custodial week. 5. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Children. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. ,;ra 8. Holidays shall be shared or alternated as agreed upon. In the absence of mutual agreement, the parties shall adhere to the holiday schedule as attached. 9. This Order is entered pursuant to 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. Counsel for the parties may contact the conciliator directly to schedule a status update conference, either at the Courthouse or telephonically to ascertain if any modifications need to be made to the transportation issue of the Children. BYTP, COURT, J. Cc: Anthony DeLuca, Esquire Thomas Williams, Esquire John J. Mangan, Esquire n 'testimony whereof, l here unto set my ha".0 and the seal of said Court at CarilSHs, Pa Ebi:a . day -.• othonotary TIMOTHY J. RHODY : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-3330 Civil Term MICHELLE L. RHODY Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: z,1 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Brandon L. Rhody 7/6/93 Mother and Father Patrick N. Rhody 5/18/94 Mother and Father 2. A Conciliation Conference was held on July 20, 2007 with the following individuals in attendance: The Father, Timothy Rhody, with his counsel, Thomas Williams, Esquire The Mother, Michelle Rhody, with her counsel, Anthony DeLuca, Esquire 3• The Honorable Kevin A. Hess entered an Order dated September 5, 2000 directing that the parties share legal and physical custody of the Children F 4• The parties agreed to the entry of an Order in the form as attached. Date: Jo J. ia n ga n, E ' e C to Concilia r HOLIDAYS AND TEWES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Father Mother holiday to6 m the day of the holiday Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the -holiday Thanksgiving Is' From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanksgiving Da Thanksgiving 2° From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanksgiving Da Christmas I" Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6. pm the day of the holiday VERIFICATION The foregoing Petition for Modification t is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Anthony DeLuca, Esquire 101 Front Street Boiling Springs, PA 17007 MARTSON LAW OFFICES Y cia D. Eckenroad j Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 15, 2008 G 90 ?. I Ow- ..S TIMOTHY J. RHODY PLAINTIFF V. MICHELLE L. RHODY DEFENDANT IN THE COURT OF COMMON PLEASI OF CUMBERLAND COUNTY, PENNSYLVANIA • 2000-3330 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 18, 2008 , upon consideration of the it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., l at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 21, 2008 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to order. Failure to appear at the conference may provide grounds for entry of a temporary or pet The court hereby directs the parties to furnish any and all existing Protection from A Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled heat FOR THE COURT, ied Complaint, sq. , the conciliator, at 2:30 PM slues in dispute; or -r into a temporary tent order. Buse orders, By: /s/ obn I. Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with Disabilites Act of 1990. For information about accessible facilities and reasonable ace available to disabled individuals having business before the court, please contact our office. must be made at least 72 hours prior to any hearing or business before the court. You must conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YO HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF 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 the Americans 1 arrangements nd the scheduled J DO NOT 'ICE SET 'frv --0- ?? -42 110 c,0 :£ 1 dS 0001 3.(?Cvuc ?d 3111 40 OCT 2 2 20080 TIMOTHY J. RHODY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE L. RHODY No. 00-3330 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. COURT ORDER AND NOW, this Z z'' day of October 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Orders entered in this matter dated September 5, 2000, October 16, 2007 and January 4, 2008 are hereby VACATED and replaced with this Order. 2. Legal Custody: The Mother, Michelle Rhody, and the Father, Timothy Rhody, shall enjoy shared legal custody of the minor children, Brandon Rhody, born 7/6/93 and Patrick Rhody, born 5/18/94. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Specifically, the parents shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the Children's education and activities as fully as possible. 3. Physical Custody: The Mother and Father shall arrange physical custody of the Children as follows: a. While Father is within this jurisdiction, the Mother and Father shall share physical custody on a week on/week off schedule. b. Commencing October 20, 2008, Father shall have custody from 6:00 pm Monday until 6:00 pm the following Monday at which time, Mother begins her physical custodial week. C. During Father's custodial week, Mother shall transport the Children to Father's residence on Monday and Tuesday by 6:00 pm. Father shall pick the Children up from Mother's residence after he gets out of work on Wednesday, Thursday and Friday. Father shall bring the Children to Mother's residence before school begins for the Children Monday through Friday. d. When Father is not in this jurisdiction, i.e. on active duty in the military, the Children shall spend every other weekend from Friday 6:00 pm until Sunday 6:00 pm at Father's residence (or with paternal grandparents). Mother shall transport the Children on Friday and step-mother (or another appropriate adult designated by a parent) shall return the Children on Sunday. e. Additionally, when Father is not in this jurisdiction, i.e. on active military duty, during the Children's summer break, the Children shall spend one week (seven consecutive days) in June and August at Father's residence (or with paternal grandparents). Furthermore, the Children shall spend two (2) consecutive weeks with Father at Father's residence the first two weeks of July when Father is in this jurisdiction on leave from the military. Pertaining to the custodial periods in this paragraph, Mother shall bring the Children to Father's residence at the beginning of the requested time and Father, or his representative(s) shall return the Children to Mother's residence at the end of the custodial period. Father, or his designated representative(s), shall give the Mother at least 30 days advance notice of the exact dates for these requested periods of time. Should a party, or their representative(s), take the Children out of state for the periods delineated in this paragraph, prior to departure, the parties, or their representative(s) will provide each other with information regarding the intended destination and a telephone number at which they can be reached during these time periods. 4. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Children. 5. In the event of a medical emergency, the custodial party or their representative(s) shall notify the other party as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. 7. Holidays shall be shared or alternated as agreed upon. In the absence of mutual agreement, the parties shall adhere to the holiday schedule as attached. 8. This Order is entered pursuant to 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, J. Cc: ? thony DeLuca, Esquire omas Williams, Esquire John J. Mangan, Esquire `-0 P E.S rn t. c LCCL /0/23/0& 4'?Zm F LL- v N HOLIDAYS AND TEWES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Father Mother holiday to6 m the day of the holiday Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Thanksgiving 1St From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanksgiving Da Thanksgiving 2n From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanksgiving Da Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday a TIMOTHY J. RHODY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE L. RHODY : No. 00-3330 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody Brandon L. Rhody 7/6/93 Mother and Father Patrick N. Rhody 5/18/94 Mother and Father 2. A'Conciliation Conference was held on July 20, 2007, an Order was issued October 16, 2007, a conference was conducted regarding transportation issues on October 26, 2007, an Order was issued January 4, 2008 and a conciliation conference was held October 21, 2008 with the following individuals in attendance: The Father, Timothy Rhody, with his counsel, Thomas Williams, Esquire The Mother, Michelle Rhody, with her counsel, Anthony DeLuca, Esquire 3. The Honorable Kevin A. Hess entered an Order dated September 5, 2000 directing that the parties share legal and physical custody of the Children 4. i The parties agreed to the entry of an Order in the form as attached. Date: Jo J. gan, Esqu' 6 sto Conciliato