HomeMy WebLinkAbout09-6492BRIAN RHOADES,
Plaintiff
V.
STEPHANIE RHOADES,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO.
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
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 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, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYERS'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 CO UNTY BAAASSOCIATION
32 SOUTH BEDFORD
CARLISLE, PA 17013
(717) 249-3166 OR (800)990-9108
OM &
LITLILAKIS
Kara W. Haggerty, Esquire
Attorney I.D. #: 86914
2 West High Street
Carlisle, PA 17013
(717) 249-0900
BRIAN RHOADES, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. NO. 0-7- G y 9 a. l.cv ?.P ?tw---
STEPHANIE RHOADES, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
1. Plaintiff is Brian Rhoades, who currently resides at 2135 Newville Road, Carlisle,
Cumberland County, Pennsylvania.
2. Defendant is Stephanie Rhoades, who currently resides at 1117 Mountain Road,
Newburg, Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth
for at least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on April 24, 1999, in Carlisle, Cumberland
County, Pennsylvania.
COUNT I - DIVORCE
5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by
reference as though set forth in full.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301 (c) and
3301(d), in that:
a. The marriage is irretrievably broken.
b. Plaintiff and Defendant have lived separate and apart since August 1, 2009,
and continue to do so.
8. 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 such counseling.
9. The Plaintiff in this action is not a member of the Armed forces.
[THEREFORE, the Plaintiff requests the Court to enter a decree of Divorce.
COUNT II - EQUITABLE DISTRIBUTION
10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by
reference as though set forth in full.
11. Plaintiff and Defendant have acquired property, both real and personal, during their
marriage from April 24, 1999 to August 1, 2009, the date of their separation, which
property is "marital property".
12. Plaintiff and Defendant may have owned, prior to marriage, property which has
increased in value during the marriage and/or which has been exchanged for other
property, which has increased in value during the marriage, all of which property is
"marital property"
13. Plaintiff and Defendant have been unable to agree as to an equitable division; of said
property prior to the filing of this Complaint.
WITEREFORE, the Plaintiff requests this Honorable Court to equitably divide all
marital property.
COUNT III - CUSTODY
14. Paragraphs one (1) through fourteen (14) of this Complaint are incorporated herein
by reference as though set forth in full.
15. The Plaintiff seeks custody of the following children:
Name Address DOB
Trevor Rhoades 1117 Mountain Road age 14
Newburg, PA
Alyssa Rhoades 1117 Mountain Road age 11
Newburg, PA
Brianna Rhoades 1117 Mountain Road age 9
Newburg, PA
16. The child, Trevor Rhoades, was born out of wedlock, and the children, Alyssa and
Brianna Rhoades, were born during wedlock.
17. The children are presently in the shared physical custody of Stephanie Rhoades and
Brian Rhoades at their respective addresses.
18. During the children's lifetime, they have resided with the following persons and at
the following addresses:
Name
Address
Date
Brian and Stephanie Rhoades 1117 Mountain Road Birth - August 10, 2009
Newburg, PA
Stephanie Rhoades 1117 Mountain Road August 1, 2009 - present
Newburg, PA
Brian Rhoades 2135 Newville Road, August 1, 2009 - present
Carlisle, PA
19. The mother of the child is Defendant, Stephanie Rhoades, who currently resides at
1117 Mountain Road, Newburg, Cumberland County, Pennsylvania.
20. The father of the child is Plaintiff, Brian Rhoades, who currently resides at 2135
Newville Road, Carlisle, Cumberland County, Pennsylvania.
21. The mother and father of the child are currently married, but separated.
22. The relationship of Plaintiff to the child is that of Father.
23. The relationship of Defendant to the child is that of Mother.
24. The Plaintiff currently resides with his parents, Gary and Debra Rhoades, and the
children during his custodial time.
25. The Defendant currently resides with herself and the children during her custodial
time.
26. The Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the children in this court or any other
court.
27. The Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth.
28. The Plaintiff 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.
29. The best interest and permanent welfare of the children will be served by granting
the relief requested for reasons including the following:
a. The Father has been a primary caregiver of the minor children since
their birth. He has:
i.Planned and prepared meals;
ii.Bathed, groomed and dressed the children;
iii.Purchased, cleaned and cared for the children's clothing;
iv.Arranged medical care, including trips to physicians;
v.Arranged alternative daycare;
vi.Put the children to bed nightly, attended the children in the middle of
the night, and awakened the children in the morning.
b. The children have a psychological bond with their Father.
C. Father is able to provide a stable environment for the children.
d. Father and Mother have discussed and preliminarily agreed to a shared
legal and physical custody arrangement for the children.
30. Each parent whose parental rights to the children have not been terminated has
been named as parties to this action.
WHEREFORE, the Plaintiff requests that This Honorable Court grant the
following relief
a. Grant shared physical custody of the children to the parties;
b. Grant the parties shared legal custody of the children; and,
c. Grant such other relief as the Court deems appropriate.
Respectfully submitted,
ABOM & KUTULA"S, L.L.P.
Dare D? 2-5 U) - Naza
Kara W. Haggerty e
Attorney ID No.
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
I, Brian Rhoades, verify that the statements made in this Divorce Complaint are
true and correct to the best of my knowledge, information, and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification to authorities.
Date 9 - S o g %
Brian Rhoades
CERTIFICATE OF SERVICE
AND NOW, this Z5 ?ray of September, 2009, I, Kara W. Haggerty, Esquire,
of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of
the foregoing Divorce and Custody Complaint, upon the Defendant by depositing, or
causing to be deposited, same in the United States Mail, First-class mail, postage
prepaid addressed to the following:
Karl Rominger, Esquire
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
Respectfully submitted,
ABom & SUTULA"S, L.L.P.
Kara W. Hagge s uire
Supreme Court 8 91
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
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BRIAN RHOADES IN THE COURT OF COMMON PLEAS OF
I'l-AINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
STEPHANIE RHOADES
DF,FINDANT
2009-6492 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, September 30, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 27, 2009 at 9:30 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/ ac ueline M. Verne Es .
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
ell -
?Z,?a -e 1f C",/o ,ry e
BRIAN RHOADES,
Plaintiff
V.
STEPHANIE RHOADES,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. Cq- & y92
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
ACCEPTANCE OF SERVICE
AND NOW, this day of September, 2009, I, Karl Rorninger, Esquire,
.I n hereby certify that I did receive and accept service of the Complaint in Divorce and
Custody in the above captioned matter on behalf of the Defendant, Stephanie
Rhoades, and I further certify that I am authorized to do so.
DATE
Respectfully submitted,
Kar, winger, Esquire
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
Attorney for Defendant
iCC9 0 C T 14 IllJ 3: S 1
'h
f?
OCT z 7 zoos ?
BRIAN RHOADES,
Plaintiff
V.
STEPHANIE RHOADES,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2009-6492
: IN CUSTODY
ORDER OF COURT
CIVIL ACTION - LAW
AND NOW, this ZA day of , 2009, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Father, Brian Rhoades and the Mother, Stephanie Rhoades, shall have
shared legal custody of Trevor Rhoades, born January 12, 1995, Alyssa Rhoades, born
September 13, 1997 and Brianna Rhoades, born September 26, 1999. Each parent 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 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. Both parents
shall be entitled to full participation in all educational and medical/treatment planning
meetings and evaluations with regard to the minor children. Each parent shall be entitled
to full and complete information from any physician, dentist, teacher or authority and
copies of any reports given to them as parents including, but not limited to: medical
records, birth certificates, school or educational attendance records or report cards.
Additionally, each parent shall be entitled to receive copies of any notices which come
from school with regard to school pictures, extracurricular activities, children's parties,
musical presentations, back-to-school nights, and the like.
2. The parents shall have shared physical custody on a week on/week off
basis with Fridays being the exchange day. During the school year the custody exchange
shall be after school. During the summer the exchange time shall be 5:00 p.m.
3. Holidays shall be shared as agreed by the parties.
4
4. Transportation shall be shared such that the parties shall meet at Saylor's
Market in Newville or some other location approximately halfway between the parties'
residences.
3. This Order is entered pursuant to an agreement of the parties at 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.
cc: Sara W. Haggerty, Esquire, Cour
arl E. Rominger? Esquire, Coun:
I ? F S rn?.?l?
io?2,S?vq
BRIAN RHOADES,
Plaintiff
V.
STEPHANIE RHOADES,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009-6492 CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY 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
Trevor Rhoades January 12, 1995 shared
Alyssa Rhoades September 13, 1997 shared
Brianna Rhoades September 26, 1999 shared
2. A Conciliation Conference was held in this matter on October 27, 2009,
with the following in attendance: The Father, Brian Rhoades, with his counsel, Kara W.
Haggerty, Esquire, and the Mother, Stephanie Rhoades, with her counsel, Karl E.
Rominger, Esquire.
3. The parties agreed to an Order in the form as attached.
Date: ??-? V
acq line M. Verney, Esquire
Custody Conciliator
RLED-O- FIDE
OE T ?E PF?,, 3 POI40TARY
2009 OCT 27 PM 4: 2 t
PDljl SYCViNA
0
BRAIN RHOADES [N THE COURT OF COMMON PLEAS OF
r~1,ArnrnTtFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
STEPHANIE RHOADES
UFTF:NDANT
• 2009-6492 CI V [ L ACTION 1_A W
IN CCJSTODY
ORDER OF COURT
AND NOw, _ _ Thursday, May 27, 2010 _, ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counse] appear before Jacqueline M. Verney, Esy. ,the conciliator,
at 4th Floor, Cumberland County_Courthouse, Carlisle., on Monday, June 21, 2010 at 8:30 AM
lc>r <~ Pre-l-lcarin~~ Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 1=aihu-e 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,
Succial 1Ze[ief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ •Lac~ueline M. Vern~~Es~. _ _
Custody Conciliator
The Court of Common Pleas of Cumberla~ld County is required by law to comply with the Americans
tivith Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the coui~t~, please contact Cxir office. All arrangements
n~u~t be iY~ade at least 7? hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearin~~.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE.:. IF YOU DO NOT
HAVE AN AT'hORNFY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
NORTH 13F.LOW TO FIND OUT WHERE YOU CAN GET LEGAL 1-[ELP. ~~ „_
Cumberland County Bar Association ~:-, `~
~. z7 • I O Cec--~-. Cry ~ tra:<<ed .~ , ~ _ _,
3? South I3edPord Street
Carlisle, Pennsylvania 17013 ^,>
• ~'~ . ~~ l~ c'7~1C.g- ~~ec~ ~ Telephone (717) 249-3166 ~ ~~~
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