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HomeMy WebLinkAbout99-06068a- , ' e. ;1 y• .. ?2 ;. J -i J r{ i. i .. `' !' I`. F MARTIAN ?IARMUFF Will IAM{ At OTTA MDW&O Mr?,AIIHI• MM\ &T E ?'T "N STRaT GRL1%. FiM81mAN1A 17013 OCT 0 5 199 THERESA MAE HARWOOD, Plaintiff V. NIGEL LYLE RHOADS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- (n 04, Q : IN CUSTODY AND NOW, this _?QL day of C- , 1999, upon consideration of the attached Complaint, it is hereby directed that tic parties and their rccpcctivc counsel appear bcforc tjhc conciliator, at ? _5, I 54 , , I^ hh l\ 1-PA on the _aday of , Z=at 1 , 00i p:m, for Pre-Hearing Custody confcrcncc. At such conferc cc, an effort will be made to rcsolvc 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 confcrcncc may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By:nk-mOQ.?Lar?, 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 i THERESA MAE HARWOOD, Plaintiff V. NIGEL LYLE RHOADS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99- 4c6f Cna ?•-- IN CUSTODY PLAINTIFF'S COMPLAINT TO ONFIRM CUSTODY 1. Plaintiff is Theresa Mae Harwood, an adult individual currently residing at 191 Conodoguinct Mobile Estates, Newvillc, Cumberland County, Pennsylvania. 2. Defendant is Nigcl Lyle Rhoads, an adult individual currently residing at 23 Betty Nelson Court, Lot 139, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Kyle Nathaniel Rhoads, who was born on November 14, 1996. The child was bom out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: He has resided since his birth with the Plaintiff and her parents, William and Bonnic Harwood, until July 2, 1999 when Plaintiff and the child moved in with Douglas William Stum. 4. The relationship of the Plaintiff to the child is that of mother. She is single and living separately. The Plaintiff currently resides with the following: ]yams Relationship Douglas William Stum Boyfriend Kyle Nathaniel Rhoads Son 5. The relationship of the Defendant to the child is that of father. He is married and living separately. The Defendant currently resides with the following: Name Relntionship Danielle Rhoads Wifc 6. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court. 7. The best interest and pemiancnt welfare of the child will be served by granting custody to Plaintiff because: She is best able to provide a stable and nurturing environment for her son. S. The child's grandfather, John Rhoads, 42 Betty Nelson Court, Lot 140, Carlisle, Cumberland County, Pennsylvania claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant her the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & By I V\i ' Thomas J ams, Esquire Tcn East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: October 1, 1999 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 arc made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false avenncnts, I may be subject to criminal penalties. t ° Q S -,• t?,t i 'frn-, 6. ?n v. JAN x , . T14ERESA MAE HARWOOD, ) Plaintiff ) VS. ) NIGEL LYLE RHOADS, ) Defendant ) IN TFIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6068 CIVIL TERM CIVIL ACTION- LAW ORDER AND NOW, this _7,L day of 2000, upon receipt of the Conciliator's Report, it appearing that the parties have reached an agreement which agreement was dictated in their presence and approved by them, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of the minor child, Kyle Nathan Rhoads, d.o.b. November 14, 1996. 2. Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as follows: A. On the second weekend of each month, from Friday at 5:30 p.m. until Sunday at 7:00 p.m. B. On the fourth weekend of each month, from Friday at 5:30 p.m. until the following Friday morning at which time Father shall return the child to the day care provider. 3. The parties shall alternate the major holidays at times to be agreed upon by the parties. 4. Such other times as the parties may agree. 5. The parties are instructed that the parents alone have the custodial rights regarding the minor child and it is the parents' responsibility to set up and coordinate the custodial arrangements between the parties alone., ,. BY THE COURT, Thomas J. Williams, Esquire /-a 7-00 Nigel Lyle Rhoads, pro se RIK jq 23 Betty Nelson Court, Lot 139 Carlisle, PA 17013 mib 00 .1,1,1,126 Pil 1:39 (CU%!;U-,-ilL".ND COUNTY PENNS)IMANIA THERESA MAE HARWOOD, ) Plaintiff ) VS. ) NIGEL LYLE RHOADS, ) Defendant ) JUDGE PREVIOUSLY ASSIGNED: None. CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3.8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this IN TI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6068 CIVIL TERM CIVIL ACTION - LAW litigation is as follows: NAME BIRTHDATE CURRENTLYIN CUSTODY OF Kyle Nathan Rhoads November 14, 1996 Plaintiff 2. A Conciliation Conference was held on January 13, 2000, and the following individuals were present: the Plaintiff and her attorney, Thomas J. Williams, Esquire; the Defendant appeared pro se. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiffs position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested. S. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: January 20, 2000 Michhtl L. Bangs Custody Conciliator THERESA MAE HARWOOD STUM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NIGEL LYLE RHOADS DEFENDANT 99-6068 CIVIL ACTION LAW . IN CUSTODY AND NOW, this 12th day of January , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X, Gilroy, Esq.., the conciliator, at 41h Floor, Cumberland County Courthouse. Carlisle on the 9th day or February , 2001, at 10:30 a.m. for a Prc-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 TI IE COURT, By: /s/ Hrtlrert X C•i(ror Esq. Custody Conciliatoy1 The Court of Common Plcas 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 A'1'1'ORNEY 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 IIELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Aff MesTLON OuR,«ls{/ WILLIAW M OTm MDW&O TawEaTHNai.131 - . Gwne. PcNNmvANU 17013 THERESA MAE HARWOOD STUM, Plaintiff/Petitioner V. NIGEL LYLE RHOADS, Dcfcndant/Rcspondcnt JAN 11200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6068 IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this _ day of , 2001, upon consideration of the attached Petition to Modify it is hereby directed that the parties and their respective counsel appear before ........................................... the conciliator, at on the _ day of 2001, at m. for a Prc-Hcaring Custody Conference, At such confcrcncc, an effort will be madc to resolve tltc 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 THERESA MAE HARWOOD STUM, Plaintiff/Petitioner V. NIGEL LYLE RHOADS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6068 CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY ORDER 1. Petitioner is Theresa Mae Harwood Stum, an adult individual currently resi,ling at 191 Conodoquinet Mobile Estates, Newville, Cumberland County, Pennsylvania. 2. Respondent is Nigel Lyle Rhoads, an adult individual currently residing at 23 Betty Nelson Court, Lot 139, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of Kyle Nathan Rhoads, born November 14, 1996, who is the subject of this custody action. 4. Petitioner filed a Custody Complaint pursuant to which a Conciliation Conference was held on January 13, 2000. 5. At the Conciliation Conference, certain custody arrangements were agreed upon by both parties and an Order was entered on January 26, 2000, a copy of which is attached hereto and marked as Exhibit "A". 6. Pursuant to Paragraph 213 of the Custody Order wherein Respondent is granted a week long visitation with the child on the beginning the fourth Friday night of each month, difficulties have arose. 7. Respondent and his current wife havehadmarital discord to the extent thepolicehave been called and Petitioner was contacted to pick the child up from Respondent's residence. A summary of these events prepared by Petitioner arc attached hereto and marked as Exhibit "B." 8. While Petitioner does not want to terminate Respondent's visitation with the child, she is fearful of the child being present at these times, which have all occurred during Respondent's week, and would request that the Custody Order be modified to delate the week long visitation on the fourth Friday of every month and visitation should be modified to every other weekend for Respondent. WHEREFORE, Petitioner prays Your Honorable Court to reappoint the Custody Conciliator to consider the above changes in the original Order. MARTSON DEARDORFF WILLIAMS & OTTO By I Z'.?? GL ?c,?.71e_ Thomas J. Willi ms, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff/Petitioner Date: t / to Id t 1? EXHIBIT A THERESA MAE HARWOOD, ) Plaintiff ) VS. ) NIGEL LYLE RHOADS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6068 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this wh day of , 2000, upon receipt of the Conciliator's Report, it appearing that the parties have reached an agreement which agreement was dictated in their presence and approved by them, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of the minor child, Kyle Nathan Rhoads, d.o.b. November 14, 1996. 2. Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as follows: A. On the second weekend of each month, from Friday at 5:30 p.m. until Sunday at 7:00 p.m. B. On the fourth weekend of each month, from Friday at 5:30 p.m. until the following Friday morning at which time Father shall return the child to the day care provider. 3. The parties shall alternate the major holidays at times to be agreed upon by the parties. EXHIBIT "A" 4. Such other times as the parties may agree. 5. The parties are instructed that the parents alone have the custodial rights regarding the minor child and it is the parents' responsibility to set up and coordinate the custodial arrangements between the parties alone. BY THE COURT, 1s? --io,6U4 - - J. Thomas J. Williams, Esquire Nigel Lyle Rhoads, pro se ' Land 23 Betty Nelson Court, Lot 139 In Taatlneny Carlisle, PA 17013 and the seal of ssiJ Court?rlisle, Pa. --- n 9 n j J. r n MIL"JI mlb THERESA MAE HARWOOD, ) Plaintiff ) VS. ) NIGEL LYLE RHOADS, ) Defendant ) JUDGE PREVIOUSLY ASSIGNED: None. CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(arc) the subject of this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6068 CIVIL TERM CIVIL ACTION - LAW litigation is as follows: NAME BIRTHDATE CURRENTLYIN CUSTODY OF Kyle Nathan Rhoads November 14, 1996 Plaintiff 2. A Conciliation Conference was held on January 13, 2000, and the following individuals were present: the Plaintiff and her attorney, Thomas J. Williams, Esquire; the Defendant appeared pro se. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child(ren); Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: January 20, 2000 b M&W - Michael L. Bangs Custody Conciliator Exhibit 8 I Pte: !7o cam. zku?q - l?r?u si yR?ucv?d a ?lz?nc ., o/a& a;6 6,/U? .wee -nGro?.Pd. -L?• ccao (iu?in? Q,nat F.%IIItl IT "b" Ooob o? Ik,t Li--aq2 De,? o? - ?rccweof Cj Cbfj QlSpm So?+.+?. ocw(o we ne..c?p corm )ack.,?p ???}?Zr?q CLC2o'J? J?L .,StZea??. 7/2 ,Q(a? ?ctJ ca.Q.Ped Ord Ca me a`o OM oL Q?nur?,..m 9 ecn?cC 4 3C5 - /G cv tuaircb JI& on h4d4 07,'b a/n?? Pv" t_e. A 17 w euen ,P,eAu?? ?:r??r?a?+?iC4 VERIFICATION The foregoing Petition to Modify 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 arc 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. hcresa M. Harwood Stum ,sTr; ;?s CERTIFICATE OF SERVICE 1, Tricia D. Eckcnroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Modify Custody was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Nigel L. Rhoads 23 Betty Nelson Court, Lot 139 Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 10„2001 ? Z: ,,,, ,. ::. .,. ,, ?l,..? ?= ? J i ?'?. t.. t?l ., (7 ? !? ?" il, t. a3 4, _ ???? ? ? ? } M 13 Zoo00 THERESA MAE HARWOOD STUM Plaintiff v NIGEL LYLE RHOADS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6068 CIVIL. IN CUSTODY COURT ORDER AND NOW, this IA day of February, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . This Court's prior Order of January 26. 2000 is vacated. 2. The Mother, Theresa Mae Harwood Stum, and the Father, Nigel Lyle Rhoads, shall enjoy shared legal custody of Kyle Nathanial Rhoads, born November 14, 1996. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody as follows: A. On alternating weekends from Friday at 3:00 p.m. until Sunday at 7:00 p.m. B. During the summer months. Father shall have custody of the minor child on the one week where he is off work. Additionally, while mother is working during the day and Father is available to care for the child because he works third shill, Mother and rather shall make arrangements to that rather shall have periods of temporary custody with the child for a fair amount of time during the day in the summer months. C. At such other times as agreed upon by the parties. 5. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a Custody Conciliation Conference. BY cc: Thomas J. Williams, Nuirc Nigel L. Rhoads 23 Betty Nelson Court, Lot 139 Carlisle, PA 17013 Bayley ??0 1 r7 ?? _. ?..??_..?:: m .w:<. .?__:.? ._., __?.._ ,__.?...?.... _4_ _? . __?_?.v.e?.?.?._.._?.?.?.._ i. ? {; ` ?Y + ?... :., ice) Y ?(. U.}, ? ?! n 1. 1? •??? .:.1 r i s =.?1 ?? ?:itt? ls.?:W U.. ., CL ? '?? U THERESA MAE IIARWOOD STUM, Plaintiff v NIGEL LYLE RHOADS. Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 99-6068 CIVIL : 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 child who is the subject of this litigation is as follows: Kyle Nathanial Rhoads, born November 14, 1996. 2. A Conciliation Conference was held on February 9, 2001, with the following individuals in attendance: The Mother, Theresa Mac I larwood Stum, with her counsel, Thomas J. Williams, Esquire; and the Father, Nigel Lyle Rhoads, who appeared without counsel. 3. The parties agree to the entry of an order in the form as attached. q ? J 0 DATE I lubert X. Gilroy l'ssquirc Custody Conci utor