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HomeMy WebLinkAbout03-6671MELISSA RHINEHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. No. OJ -' (P71 G:v I %el n- BRIAN RHINEHART, Defendant IN DIVORCE NOTICE 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. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, 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 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 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. MELISSA RHINEHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. No. bI- ?J.7t BRIAN RHINEHART, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Melissa Rhinehart, who currently resides at 101 Sycamore Drive, Mount Holly Springs, Cumberland County, Pennsylvania, since August 30, 2003. 2. Defendant is Brian Rhinehart, who currently resides at 138 Old State Road, Gardners, Cumberland County, Pennsylvania, since April 2003. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married onAugust 16, 1997, in Mt. Holly Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. II. CUSTODY 1 2. The plaintiff is Melissa Rhinehart, who currently resides at 101 Sycamore Drive, Mount Holly Springs, Cumberland County, Pennsylvania. The defendant is Brian Rhinehart, who currently resides at 138 Old State Road, Gardners, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Paige Rhinehart 138 Old State Rd. 1/10/98 5 Gardners, PA Hunter Rhinehart 138 Old State Rd. 8/17/01 2 Gardners, PA The children were not born out of wedlock The children are presently in the custody of Brian Rhinehart who resides at 138 Old State Road, Gardners, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Brian and Melissa Rhinehart 4679 Carlisle Rd. Gardners, PA Brian and Melissa Rhinehart 198 Shugart Rd. Carlisle, PA 17013 Brian and Melissa Rhinehart 138 Old State Rd. Gardners, PA 17324 Melissa Rhinehart 101 Sycamore Drive Mt. Holly Springs, PA 17065 Dates 1/10/98 to 1/10/99 1999 to 4/2003 4/2003 to 8/2003 8/2003 to 12/2003 Split Custody with Brian Rhinehart 138 Old State Rd. Gardners, PA 17324 4. Brian Rhinehart 138 Old State Rd. 1212003 to present Gardners, PA 17324 The mother of the children is Melissa Rhinchart, who currently resides at 101 Sycamore Drive, Mount Holly Springs, Cumberland County, Pennsylvania. She is married. The father of the children is Brian Rhinehart, who currently resides at 138 Old State Road, Gardners, Cumberland County, Pennsylvania. He is married. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons. Name Relationship Cheryl and Peter Trench Parents 5. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons. Name Charlie Rhinehart Relationship Father 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief request because: The mother is presently able to provide for the children by giving them a nurturing and stable home environment and providing for their emotional, physical, medical and educational needs. Since the children's birth, the mother has been the person who has provided for the daily needs of the children and is the person most capable of caring for the current needs of the children. The mother can best facilitate and maintain any contact between the children and the Defendant. 8. Each parent whose parental rights to the child that have not been terminated and the person who has physical custody of the child have been named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody with Mother with liberal periods of visitation with Father. I Z-3 0-d0 By: Mark F. Bayley, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 Supreme Court I.D. 487663 (717) 241-6070 r? r- o 'n .. C7:, a_ -ern W J? ? r> L? ? Q s C. e) MELISSA RHINEHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW V. : No. 71 BRIAN RHINEHART, Defendant : IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes Petitioner, Melissa Rhinehart, by and through her attorney, Mark F. Bayley, Esquire, and states the following: 1. Petitioner is the above named Plaintiff, hereafter referred to as the Mother, who resides at 101 Sycamore Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Respondent is the above named Defendant, who resides at 138 Old State Road, Gardners, Cumberland County, Pennsylvania, 17324. 3. The above named Petitioner is the natural mother of Paige Rhinehart, born January 10, 1998, and Hunter Rhinehart, born August 17, 2001. 4. The mother and the Respondent resided together with the children until their separation on, or around, August 30, 2003. 5. Since the couple's separation, they had been splitting custody with the children until early December, 2003, when father suddenly refused to allow mother any contact or visitation with the children. 6. The Respondent is not acting in the children's best interests by cutting them off completely from their mother. 7. Mother has had no contact with the children since early December including on the holidays. 8. It is believed that father will continue to refuse to facilitate mother's relationship with the children up and until the conciliation date. 9. The mother is the parent who can best provide for the children for reasons including, but not limited to, the following: (a) The mother is presently able to provide for the children by giving the children a nurturing and stable home environment and providing for their emotional, physical, medical and educational needs. (b) Since the births of the children, the mother has been the person who has provided for the daily needs of the children and is the person most capable of caring for the young children. (c) The mother can best facilitate and maintain any contact between the children and the Respondent. 10. The mother requests that the Court grant primary physical custody of the children to her pending the upcoming conciliation, which has not yet been scheduled. 11. Without this Court's intervention, the mother and children are at risk of irreparable harm of being denied contact with each other. 12. Petitioner is not aware that the father has legal counsel and, therefore, cannot attempt to contact him/her to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests that the Court Order father to immediately return the children to the mother and that mother have primary physical custody of the children pending conciliation. Respectfully submitted, ROMINGER & BAYLEY Date: l ZOVJ O B O5 0Ar Mark F. Bayley, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 87663 Attorney for Defendant MELISSA RHINEHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW V. . No. BRIAN RHINEHART, Defendant : IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Mark F. Bayley, Esquire, to hereby swear that I served Brian Rhinehart with a copy of the within Petition onOt ui??LL{4Q*( ION 20043by certified mail, return receipt, restricted delivery to the person and address below. Brian Rhinehart 138 Old State Road Gardners, PA 17324 1, Mark F. Bayley, Esquire, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: J Z %'*J&"0WS UkAr**4< Mark F. Bayley, Esquire T C? J -Q rn t..) 17 C:1 p MELISSA RHINEHART, Plaintiff V. BRIAN RHINEHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. Uj- 6`-71 : IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes Petitioner, Melissa Rhinehart, by and through her attorney, Mark F. Bayley, Esquire, and states the following: 1. Petitioner is the above named Plaintiff, hereafter referred to as the Mother, who resides at 101 Sycamore Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Respondent is the above named Defendant, who resides at 138 Old State Road, Gardners, Cumberland County, Pennsylvania, 17324. 3. The above named Petitioner is the natural mother o.F Paige Rhinehart, born January 10, 1998, and Hunter Rhinehart, born August 17, 2001. 4. The mother and the Respondent resided together with the children until their separation on, or around, August 30, 2003. 5. Since the couple's separation, they had been splitting custody with the children until early December, 2003, when father suddenly refused to allow mother any contact or visitation with the children. 6. The Respondent is not acting in the children's best interests by cutting them off completely from their mother. 7. Mother has had no contact with the children since early December including on the holidays. 8. It is believed that father will continue to refuse to facilitate mother's relationship with the children up and until the conciliation date. 9. The mother is the parent who can best provide for the children for reasons including, but not limited to, the following: (a) The mother is presently able to provide for the children by giving the children a nurturing and stable home environment and providing for their emotional, physical, medical and educational needs. (b) Since the births of the children, the mother has been the person who has provided for the daily needs of the children and is the person most capable of caring for the young children. (c) The mother can best facilitate and maintain. any contact between the children and the Respondent. 10. The mother requests that the Court grant primary physical custody of the children to her pending the upcoming conciliation, which has not yet been scheduled. 11. Without this Court's intervention, the mother and children are at risk of irreparable harm of being denied contact with each other. 12. Petitioner is not aware that the father has legal counsel and, therefore, cannot attempt to contact him/her to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests that the Court Order father to immediately return the children to the mother and that mother have primary physical custody of the children pending conciliation. Date: I v' V 0 ! O Respectfully submitted, ROMINGER & BAYLEY Mark F. Bayley, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717)241.-6070 Supreme Court I.D. # 87663 Attorney for Defendant VERIFY I verify that I am the petitioner and that the statements made in the foregoing Petition 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. Melissa Rhinehart MELISSA RHINEHART, Plaintiff V. BRIAN RHINEHART, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : No. IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Mark F. Bayley, Esquire, to hereby swear that I served. Brian Rhinehart with a copy of the within Petition on 20043by certified mail, return receipt, restricted delivery to the person and address below. Brian Rhinehart 138 Old State Road Gardners, PA 17324 I, Mark F. Bayley, Esquire, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: Z 7 &WOvs Mark F. Bayley, Esquire i t°+ rv, S r ?Y J 15 G J U MELISSA RHINEHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW V. : No. v3 BRIAN RHINEHART, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this o day of 200yupon consideration of Plaintiff s Petition for Special Relief, this matter is referred to the Custody Conciliation process, and the Court Administrator is requested to facilitate this referral. A 0vt cite I 3a e H fr- 3v A. A1.' ?.: (,?. nT' o? r? bi "4 1 111 ''a.w» r 1.7b / 3. be 1,10 1 ...by 4--let tettimy? J. Distribution: ?MarkF. Bayley, Esquire 1> Brian Rhinehart ' I OI?OS"Oy o- ?^ Nyr aooa )1?1%{.iG'PIOHladd ?Nl a0 33iJ-+0-C1dl l MELISSA RHINEHART IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-6671 CIVIL ACTION LAW BRIAN RHINEHART DEFENDANT IN CUS'T'ODY ORDER OF COURT AND NOW, Wednesday January 07, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 22, 2004 at 8:30 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X Gilroy, 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 MELISSA RHINEHART, Plaintiff V. BRIAN RHINEHART, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : NO. 03-6671 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this 13 day of 2004, the Hearing regarding Plaintiff's Petition for Emergency Relief is hereby rescheduled to Friday. January 16, 2004 at 3:00 PM in Courtroom #5 of the Cumberland County Courthouse. J. Distribution: Mark F. Bayley, Esquire - Cal/ Q1vM Brian Rhinehart - Copy In iru( ?? w c - ?.. _ - ? :-? ?. y ; ?, 'a rn ca _? <_ ? z, ?" =; i -' .- r'- ? ?m _ Q N; J .. ?? MELISSA RHINEHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW V. : NO. 03-6671 BRIAN RHINEHART, Defendant : IN CUSTODY MOTION TO WITHDRAW PETITION FOR EMERGENCY RELIEF AND NOW, comes Melissa Rhinehart, by and through her attorney, Mark F. Bayley, Esquire, and states the following: 1. The Petitioner filed a Petition For Emergency Relief on December 31, 2003 regarding the above custody action. 2. The Court set a hearing on said Petition for January 12, 2004, and subsequently continued the hearing until January 16, 2004. 3. A conciliation date was set for January 22, 2004. 4. Due to the conciliation being scheduled on a close date, the Petitioner now wishes to withdraw her Petition For Emergency Relief. WHEREFORE, Petitioner respectfully requests this Honorable Court cancel the hearing set for January 16, 2004 at 3:00 PM. Date: { M0' 4410O q Respectfully submitted, ROMINGER, BAYLEY & WHARE 0-- Mark F. Bayley, squire 155 S. Hanover Street Carlisle, PA, 17013 (717) 241-6070 Supreme Court LD. # 87663 Attorney for Plaintiff MELISSA RHINEHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW V. : NO. 03-6671 BRIAN RHINEHART, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Motion to Withdraw the Petition for Emergency Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Brian Rhinehart 138 Old State Road Gardners, PA 17324 Dated: l a ! q %oOy Mark F. Bayley, Esquire Attorney for Plaintiff c? ? ? c_ ; ? -n ?- T ' ?? ? ?; tip; i - rn '- '` =' T ? -: C) ???? N 'i -" GJ V? MELISSA RHINEHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. : NO. 03-6671 BRIAN RHINEHART, Defendant : IN CUSTODY ,L ORDER OF COURT AND NOW, this j ?\ _ day of 2004, upon consideration of the attached Motion, the hearing set for the Petition for Emergency Relief on January 16, 2004 at 3:00 PM is hereby Cancelled. J. Distribution: /Mark F. Bayley, Esquire /Brian Rhinehart, Defendant 7 ?Q b i-ao L•I •?, ,.? PJ. iuO? JAN 2 7 2004V' MELISSA RHINEHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BRIAN RHINEHART, NO. 03-6671 CIVIL Defendant IN CUSTODY COURT ORDER fs? AND NOW, this day of 2004, Jimwy, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Melissa Rhinehart, and the father, Brian Rhinehart, shall enjoy shared legal custody of Paige Rhinehart, born January 10, 1998, and Hunter Rhinehart, born August 17, 2001. 2. The father shall enjoy primary physical custody of the minor children. 3. The mother shall enjoy periods of temporary physical custody with the minor children as follows: a. Alternating weekends pursuant to a schedule arranged between the parties. b. Every Wednesday evening from 5:00 p.m. until 8:00 p.m. or on another weeknight evening as the parties agree. c. At such other times as the parties agree. 4. The mother shall always have custody of the minor children on Mother's Day and the Father shall always have custody of the minor children on Father's Day. 5. The parties shall share or alternate custody of the minor children on holidays as agreed upon by the parties. 6. In the event either parent has custody of the minor child and that parent is unable to care for the child for a period of at least 3 hours or more because of work or otherwise, they should contact the other parent first to see if they are available to provide care for the minor child. 7. Both parties shall exchange telephone numbers and addresses and both parties shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. 8. Neither party shall disparage the other parent in the presence of the children nor shall they allow any other adults to make disparaging remarks concerning the children's parents in their presence. 9. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event the parties desire to modify this order and they are unable to reach an agreement, either party may petition the court to have the case again scheduled with the Custody Conciliator. BY COURT Judge cc: ?Michael J. Whare, Esquire ?Mchael A. Scherer, Esquire f ?1en, Oa-03oq ViWAl ASNt old L i c I Wd £- 833 U0Z Abb10NOHlOHd 3H130 30WO-041W MELISSA RHINEHART, Plaintiff v BRIAN RHINEHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 03-6671 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 children who are the subject of this litigation is as follows: Paige Rhinehart, born January 10, 1998, and Hunter Rhinehart, born August 17, 2001. 2. A Conciliation Conference was held on January 22, 2004, with the following individuals in attendance: The mother, Melissa Rhinehart, with her council, Michael J. Whare, Esquire, and the father, Brian Rhinehart, with his council, Michael A. Scherer, Esquire. 3. The parties agree to the entry of an order and the form is attached. au a DATE Hubert X. G' oy, Esquire Custody C ciliator PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Dauphin 55 AFFIDAVIT: I hereby swear or affirm that I served ® a copy of the Notice of Appeal, Common Pleas No.93-fib7?, upon the District Justice designated therein on (rlate of service) December 31 , . 1`9 X 2003 -, [-] by personal service W by (certified) (registered) mail, sender's receipt attached hereto, i d u on the appellee, (name)__-Eugene F. _Eagl eiJr, on December 3i 0 _ r''I by personal service EjI by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed OnDecembe.r 29 200,70137, by (certified) (registered) --, ? by personal service U b mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND UBSCRIBED BEFOR?ME? - THIS i.,3 .ILL DA Siynatmc• 07 allianf Signature of official before whom aft,davit was arade live of alficial My commission expires on , 14 . NOTARIAL SEAL MICHELE A. RENEKER, Notary Public City of Harrisburg, Dauphin County My Cnr-missn- Fxpiires March 17, 2007 CnMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT COMMON PLEAS No. (`',) G ?1 f NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME Of Ay P CLLANT 4. T. P N f OP O.J. MO, risti L. DOW rA 09-1-Ji >oE -- TAT. =IF .LOOP... APPELLgNT OF 520 Walton Street, Leroyne PA 17043 4ATO ooP iuo4ME E cw.e oP N N 12777/03 Eugene F. Is ogle, Jr. Theodore %taitis and Krlsti L. Dodge O. -.I. rTTQ. ET OR A4.141 AIM Nu. CV 19 03-0000569 LT 19 This block will be signed ONLY when this notation is. required under Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature o! Prothonotary m Deputy If appellant was Claimant (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. _ + PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section ofform to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) inaction before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule (Common Pleas No. RULE:eiTo Euaenn '^ , F.agle, Jr. appellee(s), to file a complaint in this appeal '-? Name of appellees) 1 within twenty (20) days after serve of rule or suffer entry of?j u/Jldgment of non pros. Signature of appellant is attorney or agent E?xlene F. _.agle, Jr. Name of appellee(s) NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a compi within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. I, O The.d to of service of r :his ? nile '-'If service was by mail is the date of mailing. 3 Date: 1 i l Signature o Prothonotary orDepury White---- Prothonotary Copy Green ---- Court File Copy Yellow--- Appellants Copy Pink ------ Appellee Copy Gold ------ D. J. Copy U.S. Postal Service CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For tlelivery inorma ftion vt our website at www.usps.com,.., t ?? - M?l rl C3 CemfleE Fes C3 Return Reclept Fse (Encorsemera Requlred) C3 M Remetl Delivery Fee (E stM.ment squired) F.e O ru ti O C3 M1 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: eloo ?3?y ?g e SHf ?,e f UUN e -)&-Or) COiu MOO S So" e S 76 70 A. Si ure )( 0 Agent 173 Addis B. 'ANved!Py (tPnnted Name) C. pate of.DeY Is deliveryaddress different from Item 1? O Yes If YES, enter delivery address below: 0 No 3. S Ice Type Certified Mail ? Express Mail Registered ? Return Receipt for Merchandise 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Y.. ?A 2. Article Number (Irenslar from sera elabel) 7002 2030 0001 3410 0531 PS Form 3811, August 2001 Domestic Return Receipt 10259Se2-M-1540 cc CERTIFIED MAIL RE CEIPT Ln (Domestic Mail Only; No Insurance Coverage Prov ided) C3 P C9 +?• S a Rl Postage $ r-q C3 Calmed Fee =m RedePt Fee ' E tl 2 30 Postmark Here r ( n osemeM Required) . M Ree IMetl Oe":ry Fee M (EndoraeM nt Rqulred) tU Total Postage & Fees Q " ) ? `-f \ N E3 ?f To C-) C3 C )c le Jr. ----------------- wpOBOxft. -XF 'Ox'?: 7?o Seecr?d Sf?eef I ---------------------------------------- NPR Cvmb?i'??Ll P /7070 ci 7, tl 5> ?o ? t, w -? MELISSA RHINEHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003 - 6671 CIVIL TERM BRIAN RHINEHART, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on December 31, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1 _ IDS MELISSA RHINEHART C?P C-n Y - 4"1 ' 1 MELISSA RHINEHART, Plaintiff V. BRIAN RHINEHART, Defendant IN THE COURT" OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 6671 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on December 31, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. :3 /-? - Date: December , 2004 BRIAN RHINEHART N r vim- -, CID IL C ?l tO MELISSA RHINEHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003 - 6671 CIVIL TERM BRIAN RHINEHART, CIVIL ACTION-LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I, Mark F. Bayley, Esquire, attorney for Plaintiff in the above- captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. ROMINGER & BAYLEY BY Mark F. Bayley, Esquire DATE: June 30, 2004 }?J ?"\ 1,^ ? a.J? ?? (?- l .. 1.? i ?, c? MELISSA RHINEHART, Plaintiff V. BRIAN RHINEHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 6671 CIVIL TERM CIVIL ACTION-LAW 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: Complaint was served by certified mail on July 2, 2004. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on January 5, 2005; and Defendant on December 13, 2004. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notices of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None. Respectfully submitted, Mictfael A. Scherer, Esquire Date: January 13, 2005 ?? _.? _, ?. -?_ ? -r. ?, - .. ,. _;, ?_, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MELISSA RHINEHART Plaintiff VERSUS BRIAN RHINEHART Defendant N O. 2003 - 6671 CIVIL DECREE IN DIVORCE AND NOW, DECREED THAT AND MELISSA RHINEHART BRIAN RHINEHART .-or d•' AI.," ,naf IT 15 ORDERED AND , PLAINTIFF, 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; NONE. ATTEST: D J. f PROTHONOTARY n? ? - rv if / 131 /r-/ -5-0 MELISSA (RHINEHART) ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION LAW NO. 03-6671 BRIAN RHINEHART, Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY Petitioner is Melissa (Rhinehart) Anderson, who resides at 94 Courtyard Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Brian Rhinehart, who resides at 198 Shughart Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On February 3, 2004, the Honorable Edward E. Guido, entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Respondent isn't following the babysitting clause in the Custody Order. b) Respondent isn't allowing Petitioner to have the minor children while he is at work and at other times when Petitioner should be contacted to have the children. c) Petitioner is now the best and most capable caregiver to be primary custodian of the children. d) The best interests of the children would be served having Petitioner as primary custodian. 5. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Primary physical custody in Mother with agreed upon visitation in Father. Respectfully submitted, Rominger & Associates Date: August 2, 2007 arl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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: , Melissa (Rhinehart) Anderson J ,JANi2 7 2004 ?. , MELISSA RHINEHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BRIAN RHINEHART, NO. 03-6671 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Melissa Rhinehart, and the father, Brian Rhinehart, shall enjoy shared legal custody of Paige Rhinehart, born January 10, 1998, and Hunter Rhinehart, born August 17, 2001. 2. The father shall enjoy primary physical custody of the minor children. 3. The mother shall enjoy periods of temporary physical custody with the minor children as follows: a. Alternating weekends pursuant to a schedule arranged between the parties. b. Every Wednesday evening from 5:00 p.m. until 8:00 p.m. or on another weeknight evening as the parties agree. c. At such other times as the parties agree. 4. The mother shall always have custody of the minor children on Mother's Day and the Father shall always have custody of the minor children on Father's Day. 5. The parties shall share or alternate custody of the minor children on holidays as agreed upon by the parties. 6. In the event either parent has custody of the minor child and that parent is unable to care for the child for a period of at least 3 hours or more because of t ti c4v-?Vlk )N work or otherwise, they should contact the other parent first to see if they are available to provide care for the minor child. 7. Both parties shall exchange telephone numbers and addresses and both parties shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. 8. Neither party shall disparage the other parent in the presence of the children nor shall they allow any other adults to make disparaging remarks concerning the children's parents in their presence. 9. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event the parties desire to modify this order and they are unable to reach an agreement, either party may petition the court to have the case again scheduled with the Custody Conciliator. BY COURT, Judge cc: Michael J. Whare, Esquire Michael A. Scherer, Esquire TRUE COPY FROM RECORD In Testimony vih-reof, I here unto set my hand an the seal of id Court at arlisle, Pa. ........ ?-1.. of.. -. ......., 4..'.'I hotHOtary MELISSA RHINEHART, Plaintiff v BRIAN RHINEHART, Defendant 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: Paige Rhinehart, born January 10, 1998, and Hunter Rhinehart, born August 17, 2001. 2. A Conciliation Conference was held on January 22, 2004, with the following individuals in attendance: The mother, Melissa Rhinehart, with her council, Michael J. Whare, Esquire, and the father, Brian Rhinehart, with his council, Michael A. Scherer, Esquire. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6671 CIVIL IN CUSTODY 3. The parties agree to the entry of an order and the form is attached. 9 (,/j ? D TE v L v Hubert X. Custody C , Esquire MELISSA (RHINEHART) ANDERSON, Plaintiff V. BRIAN RHINEHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-6671 IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I served a copy of the within Petition to Modify Custody upon the following by depositing the same in the United States Mail, first class, postage prepaid and certified mail with return receipt, at Carlisle, Pennsylvania, addressed as follows: Brian Rhinehart 198 Shughart Road Carlisle, Pennsylvania 17013 Respectfully submitted, Rominger & Associates Date: August 2, 2007 ? . .......... . arl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner C} ' p ?.l G? Ki 7 F-i o V w`' _ f y 1Vi I \ V ? ` 4 MELISSA (RHINEHART) ANDERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN RHINEHART DEFENDANT 2003-6671 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 14, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 13, 2007 at 8:30 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 pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Ij IM 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 H H S 1 9 L001 A?tr'! C v w"d 3-'Hi dO T 1 2007 MELISSA (RHINEHART) ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW BRIAN RHINEHART, NO. 2003-6671 Defendant IN CUSTODY -` COURT ORDER AND NOW, this J_r - day of October, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. This Court's Order of February 3, 2004 shall remain in place subject to the following modifications: A. Mother's temporary custody on alternating weekends shall be from Friday through Monday morning. Where the children don't have school, mother shall have custody during the day on Monday. B. Mother's custody on Wednesday evenings shall include overnight custody. 2. In the event either party desires to modify this Order, legal counsel for that party may contact the Custody Conciliator directly to schedule to have another Custody Conciliation Conference scheduled. Judge Edward E. Guido cc: Karl E. Rominger, Esquire \ (2c Ir l.tx m aULOCL Michael A. Scherer, Esquire iof??fv7 9'7 :2 W8 L 1 130 LDOZ Al v ti 3Ni JO MELISSA (RHINEHART) ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BRIAN RHINEHART, NO. 2003-6671 Defendant IN CUSTODY Prior Judge: Edward E. Guido 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: Paige Rhinehart, born August 17, 2001 and Hunter Rhinehart, born August 17, 2001. 2. A Conciliation Conference was held on October 11, 2007, with the following individuals in attendance: The mother, Melissa (Rhinehart) Anderson, with her counsel, Karl E. Rominger, Esquire, and the father, Brian Rhinehart, with his counsel, Micahel A. Scherer, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: 0- / r' U-7 Hubert X. Gilroy, Custody Concilial MELISSA (RHINEHART) ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION LAW NO. 03-6671 BRIAN RHINEHART, Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY Petitioner is Melissa (Rhinehart) Anderson, who resides at 94 Courtyard Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Brian Rhinehart, who resides at 198 Shughart Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On October 17, 2007, the Honorable Edward E. Guido, entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Petitioner believes a 50/50 alternating week schedule is more appropriate then the current Order of Court. d) The best interests of the children would be served having a 50/50 alternating week schedule. 5. The best interest of the children will be served by the Court modifying said Order. 6. As this is a request to modify a current Custody Order it is assumed the opposing counsel Michael Scherer, Esquire is opposed to this modification request. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: having a 50/50 alternating week schedule. Respectfully submitted, Rominger & Associates Date: January 28, 2008 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner MELISSA (RHINEHART) ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN RHINEHART, Defendant CIVIL ACTION LAW NO. 03-6671 IN CUSTODY VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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: Vie ssa (RhmehE rt Anderson MELISSA (RHINEHART) ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BRIAN RHINEHART, : NO. 2003-6671 Defendant IN CUSTODY .` COURT ORDER AND NOW, this j ? day of October, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. This Court's Order of February 3, 2004 shall remain in place subject to the following modifications: A. Mother's temporary custody on alternating weekends shall be from Friday through Monday morning. Where the children don't have school, mother shall have custody during the day on Monday. B. Mother's custody on Wednesday evenings shall include overnight custody. 2. In the event either party desires to modify this Order, legal counsel for that party may contact the Custody Conciliator directly to schedule to have another Custody Conciliation Conference scheduled. cc: Karl E. Rominger, Esquire Michael A. Scherer, Esquire Judge Edward E. Guido leapt ax rnauLOC L lop710 ?'rri E?.WVk "A" V4, N, 9+ .Z bid L 1100 LODZ Auviox- LGad 3Hi -40 . MELISSA (RHINEHART) ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BRIAN RHINEHART, NO. 2003-6671 Defendant IN CUSTODY Prior Judge: Edward E. Guido 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: Paige Rhinehart, born August 17, 2001 and Hunter Rhinehart, born August 17, 2001. 2. A Conciliation Conference was held on October 11, 2007, with the following individuals in attendance: The mother, Melissa (Rhinehart) Anderson, with her counsel, Karl E. Rominger, Esquire, and the father, Brian Rhinehart, with his counsel, Micahel A. Scherer, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: 0- I r- U ? Hubert X. Gilroy, Custody Conciliaj MELISSA (RHINEHART) ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION LAW NO. 03-6671 BRIAN RHINEHART, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I served a copy of the within Petition to Modify Custody upon the following by depositing the same in the United States Mail, first class, postage prepaid and certified mail with return receipt, at Carlisle, Pennsylvania, addressed as follows: Michael Scherer, Esqurie 19 W. South Street Carlisle, Pennsylvania 17013 Respectfully submitted, Rominger & Associates Date: January 28, 2008 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner e -a C 400- S ? 'moo u? 4 CS r?J MELISSA (RHINEHART) ANDERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V, 2003-6671 CIVIL ACTION LAW BRIAN RHINEHART IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February. 28, 2008 at 8:30 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. 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 7fl a4y);< b4 VggVlt`1ASNN? d Nr{Ndno 61 :Z! d 9- $33 8002 ,'LO '-'a 3A 30 MAY 0 9 2008 MELISSA (RHINEHART) ANDERSON, Plaintiff v BRIAN RHINEHART, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-6671 IN CUSTODY COURT ORDER AND NOW, this 740-1 day of May, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 3 of the Cumberland County Courthouse on the day of , 2008 at I V in. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of February 3, 2004 as modified by Order of October 17, 2007, shall remain in effect subject to the following clarifications: A. The parties are specifically advised that they must abide by paragraph 6 of the February 3, 2004 Order which gives each parent a right of first refusal with respect to providing daycare. 3 B. In the event the parties are unable to resolve between themselves the issue of a wedding on the mother's family side interfering with a previously scheduled I vacation the father has set, legal counsel for the parties may contact the Custody Conciliator directly who may recommend a further Order to this Court on that issue. BY. cc: Karl E. Rominger, Esquire Michael A. Scherer, Esquire Judge Edward E. Guido IVA-;tSNN'gd z 1 AVW 8001 DH.Odd 3HI J© UJO - !!d MELISSA (RHINEHART) ANDERSON, Plaintiff v BRIAN RHINEHART, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2003-6671 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: Paige Rhinehart, born August 17, 2001, and Hunter Rhinehart, born August 17, 2001. 2. A Conciliation Conference was held on May 2, 2008, with the following individuals in attendance: The mother, Melissa (Rhinehart) Anderson, with her counsel, Karl E. Rominger, Esquire, and the father, Brian Rhinehart, with his counsel, Michael A. Scherer, Esquire. 3. Mother is seeking a modification of the existng custody order to have a 50/50 custody situation. Father is unwilling to agree. A hearing is required. The Conciliator recommends an Order in the form as attached. Date: ? ?` J y Hubert X. Gi oy, Esquire Custody C ciliator MELISSA (RHINEHART) ANDERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003 - 6671 CIVIL TERM BRIAN RHINEHART, Defendant IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Michael A. Scherer, Esquire, counsel for the Defendant, Brian Rhinehart, and respectfully represents as follows: 1. A custody hearing is scheduled in this matter for June 30, 2008 at 9:30 a.m. 2. Undersigned counsel is scheduled to be off the day of June 30, 2008. 3. Karl E. Rominger, Esquire represents the Plaintiff, Melissa Anderson, and concurs in the request for a continuance. WHEREFORE, undersigned counsel respectfully requests that this Honorable Court continue the custody hearing scheduled in this matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: S' Michal6l A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/nickel/continuance. mot Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 Andrea M. arrick MELISSA (RHINEHART) ANDERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003 - 6671 CIVIL TERM BRIAN RHINEHART, : Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on the io day of , 2008, I, Andrea M. Barrick of O'Brien, Baric & Scherer did serve a copy of the Motion for Continuance by first class U.S. mail, postage prepaid, to the party listed below, as follows: t. y Ceti `fin 3 MAY S 0 200?K MELISSA (RHINEHART) ANDERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN RHINEHART, Defendant NO. 2003 - 6671 CIVIL TERM : IN CUSTODY ORDER OF COURT a? AND NOW this 3 day of , 2008, upon consideration of the within Motion for Continuance, the hearing set in this matter for June 30, 2008 at 9:30 a.m. is hereby continued until the Okay of 4?1 2008 at t/ PQ F*613.m. in Courtroom No. of the Cumberland County Courthouse Carlisle, Pennsylvania. ichael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 rl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 J toward E. Guido, J. l` r r h .-d rt J / _ A A MELISSA ( HINEHART) ANDERSON,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRIAN RHI EHART, NO. 2003-6671 CIVIL Defendant IN CUSTODY ORDER OF COURT AND NOW, this 21st day of July, 2008, our order of October 17, 2007, is vacated. Our Order of February 3, 2004, is modified to provide as follows: Paragraph 3 is deleted and replaced with the following: custody The mother shall enjoy periods of temporary physical ith the children as follows: A. During the school year: (i) Alternating weekends from Friday evening until Monday morning. Provided, however, that if the children are off school on Monday, then the weekend visitation shall extend until Tuesday morning. (ii) Wednesday evening from 5:00 p.m. until Thursday morning at the commencement of school. (iii) On Thanksgiving day at 5:00 p.m. until the Saturday following Thanksgiving at 5:00 p.m. (iv) Christmas holiday as follows: (a) In even-numbered years, from Christmas day at noon until New Years day at noon. (b) In odd-numbered years, from Christmas Eve at 6:00 p.m. until noon Christmas day, and from December 27 at noon until January 1 at 5:00 p.m. (v) At such other times as the parties agree. B. During the summer months, mother shall have primary hysical custody of the children from the Saturday after school e ds until August 15. Father shall have periods of partial hysical custody as follows: (i) One evening per week from 5:00 p.m. until 5:00 p.m. the following day, to correspond with his day off work. (ii) Every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m., to correspond with his weekend off work. (iii) At such other times as the parties agree. C. Provided, however, during the summer months each party sh 11 be entitled to seven consecutive days with the children so that they may take them on vacation. The parties to give eac other at least 30 days advance notice of the dates to be so re erved. In the event of a conflict, the first party to give notice shall be entitled to the days. In all other respects, our Order of February 3, 2004, sh 11 remain in full force and effect. By, he Court, E. Guido, J. Karl E. R minger, Esquire For the P aintiff v/Michael A. Scherer, Esquire For the D fendant srs 7/? S k N y C l; :11 WV CZ -Mr Boaz 48VI, ai'VJ. t.ti ui, ?H1 do