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HomeMy WebLinkAbout04-2707JEREMY A. RHOADS, Plaintiff Vo : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. d)Z//- : BECKY M. LEADER, : CIVIL ACTION - LAW Defendant : CUSTODY COMPLAINT IN CUSTODY AND NOW, the Plaintiff, Jeremy A. Rhoads, by and through his attorney, Jeann6 B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Jeremy A. Rhoads, is an adult individual who currently resides at 100 W. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Becky M. Leader, is an adult individual who is believed to reside at 6697 Raystown Road, Hopewell, Bedford County, Pennsylvania 16650. 4. The Plaintiff seeks primary physical custody of the following child: Name Present Residence Age Alec Rhoads 100 W. Locust Street 8 years Mechanicsburg, PA 17055 DOB 5/30/1996 5. The child named above is presently being kept from his home at 100 W. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, by his natural mother, Defendant Becky M. Leader, who is believed to reside at 6697 Raystown Road, Hopewell, Bedford County, Pennsylvania 16650. 6. For the past five years, the child has resided with the following persons at the following addresses: Sallie Address Dates Plaintiff Clorisa Blankenship Kendra Rhoads 100 W. Locust Street Mechanicsburg, PA 17055 5/28/2004 to present Plaintiff Clorisa Blankenship Kendra Rhoads Clorisa's parents 110 N. Market Street Mechanicsburg, PA 17055 2/2004 to 5/28/2004 Plaintiff Clodsa Blankenship Kendra Rhoads 16 B.W. Glenwood Drive Camp Hill, PA 17011 2/2003-2/2004 Plaintiff 240 Stetler Clorisa Blankenship New Cumberland, PA 17070 Kendra Rhoads Plaintiff's mother Plaintiff's two brothers 6/2001-2/2003 Plaintiff Clorisa Blankenship Kendm Rhoads Main Street Mechanicsburg, PA 17055 6/2000-6/2001 Plaintiff Clorisa Blankenship Kendra Rhoads Plaintiff's mother Plaintiff's step-father Plaintiff's two brothers 240 Stetler New Cumberland, PA 17070 1999-6/2000 7. The biological mother of the child is Becky M. Leader, Defendant, who currently resides in Bedford County, Pennsylvania. The biological father of the child is Jeremy A. Rhoads, Plaintiff, currently residing in Cumberland County, Pennsylvania. 8. On Saturday, June 12, 2004, Defendant picked up the child fix>m Plaintiff with the promise she would return him by Monday, June 14, 2004, in time for his baseball game at 6:00 p.m. in Mechanicsburg. On June 14, 2004, Defendant called Plaintiff's giflfi'iend at 1:00 p.m. and said that she'd have the child home by 4:00 p.m. at the latest. However, the parties later got into an argument on the phone and Defendant informed Plaintiff that she was never returning the child. Plaintiff spoke to Defendant on June 15, 2004, and she again confn'med that she has no intention of returning the child home. Plaintiff also spoke to the child and he confirmed that his mother would not let him come home, despite his repeated requests to go home. 9. Defendant has historically received welfare benefits and has never provided financial support for the child. 10. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with his girlfriend, Clofisa Blankenship, their daughter, Kendra Rhoads, and the subject child. The relationship of the Defendant to the child is that of natural mother. Defendant is believed to currently reside with her husband, Chris Leader, and their three children. 11. Previous litigation concerning the custody of the child took place in the York County Court of Common Pleas at docket no. 98-SU-02779-03. Defendant had previously taken the child to Delaware and was ordered to return the child to York County per court order dated June 1, 1998. A conciliation conference was subsequently held on July 1, 1998 at which time an Order was entered for week on/week off shared custody. By November of 1998, Defendant was only visiting the child sporadically for a weekend every one to three months. This schedule has continued through the present. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 13. The best interests and permanent welfare of the child will be served by confirming primary physical custody of the child with Plaintiff subject to specific periods of partial custody with Defendant. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that he be granted primary legal and physical custody of his son. Dated: Respectfully submitted, Jeann~ B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 PA Supreme Ct, ID No. 68735 JEREMY A. RHOADS, Plaintiff BECKY M. LEADER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - LAW : CUSTODY VERIFICATION I, Jeremy A. Rhoads, Plaintiff, hereby verify that the statements made in the foregoing Custody Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unswom falsification to authorities. Date: (_o/Ib-/Ot'7/ Signature: JEREMY A. RHOADS, Plaintiff V. BECKY M. LEADER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : No. Oq- ,,270"? : CIVIL ACTION o LAW : CUSTODY C~ ....-~.--NT II, I~L-£. ODY AND NOW, the Plaintiff, Jeremy A. Rhoads, by and through his attomey, Jeann6 B. Costopoulos, Esquire, makes the following Complaint in Custody: o The Plaintiff, Jeremy A. Rhoads, is an adult individual who currently resides at 100 W. Locust Street, Mechmficsburg, Cumberland County, Pennsylvania 17055. The Defendant, Becky M. Leader, is an adult individual who is believed to reside at 6697 Raystown Road, Hopewell, Bedford County, Pennsylvania 16650. The Plaintiff has simultaneously filed a Complaint in Custody seeking primary physical custody of the following child: Name Present Residence Age Alee Rhoads 100 W. Locust Street 8 years Mechanicsburg, PA 17055 DOB 5/30/1996 4. The child named above is presently being kept from his home at 100 W. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, by his natural mother, Defendant Becky M. Leader, who is believed to reside at 6697 Raystown Road, Hopewell, Bedford County, Pennsylvania 16650. 5. On Saturday, June 12, 2004, Defendant picked up the child fi.om Plaintiff with the promise she would return him by Monday, June 14, 2004, in time for his baseball game at 6:00 p.m. in Mechanicsburg. On June 14, 2004, Defendant called PlalntilTs girlfriend at 1:00 p.m. and said that she'd have the child home by 4:00 p.m. at the latest. However, the parties later got into an argument on the phone and Defendant informed Plainfiffthat she was never returning the child. Plaintiff spoke to Defendant on June 15, 2004, and she again confirmed that she has no intention of returning the child home. Plaintiff also spoke to the child and he confirmed that his mother would not let him come home, despite his repeated requests to go home. 6. Previous litigation concerning the custody of the child took place in the York County Court of Common Pleas at docket no. 98-SU-02779-03. Defendant had previously taken the child to Delaware and was ordered to return the child to York County per court order dated June 1, 1998. A conciliation conference was subsequently held on July 1, 1998 at which time an Order was entered for week on/week off shared custody. By November of 1998, Defendant was only visiting the child sporadically for a weekend every one to three months. This schedule has continued through the present. 7. The child is upset and wants to come home. In addition, he is scheduled to play in the final game of a baseball tournament tonight at 6:00 p.m. Defendant indicated that she knew the game was important to the child, Plaintiff, and the team, but that she's sor~ and she's not returning the child. WHEREFORE, Plaintiff respectfully requests that Defendant be ordered to immediately return the child to his home with Plaintiffpending the scheduling of a hearing or conference on the matter. Dated: Respectfully submitted, Je~oulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 PA Supreme Ct. ID No. 68735 JEREMY A. RHOADS, Pla'tariff V. BECKY M. LEADER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - LAW : CUSTODY VERIFICATION I, Jeremy A. Rhoads, Plaintiff, hereby verify that the statements made in the foregoing Custody Complaint 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: (o/(~/0 c( Signature: JEREMYA. RHOADS, PLAINTIFF V. BECKY M. LEADER, DEFENDANT AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 04-2707 CIVIL TERM ORDER OF COURT day of June, 2004, a hearing on the within petition for relief shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 9:00 a.m., Monday, June 21,2003. Becky M. Leader,is directed to appear and bring with her Alec Rhoads, bo,~.3~, 1996. By the Court,/' Edgar B. Bayley, J. Jeanne B. Costopoulos, Esquire For Plaintiff Becky M. Leader 6697 Raystown Road Hopewell, PA 16650 :sal JEREMY A. RHOADS, Plaintiffs ag/. BECKY M. LEADER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-2707 C, IVIL TERM : : CIVIL ACTION - LAW : CUSTODY PRAECIPE TO WITHDRA~V PETITION To the Prothonotary: Please mark the Petition for Emergency Relief filed on hehalf of Jeremy A. Rhoads on June 15, 2004 settled and withdrawn. Dated: RESPECTFULLY SUBMITTED: Jeann~ B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790.-6019 ATTORNEY FOR PLAINTIFF JEREMY A. RHOADS, Plaintiffs V. BECKY M. LEADER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-2707 CIVIL TERM : : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing Praecipe upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Becky M. Leader 6697 Raystown Road Hopewell, PA 16650 Dated: BY: 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790.-6019 ATTORNEY FlOR PLAINTIFF SEREMY A. RHOADS PLAINTIFF V. BECKY M. LEADER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2707 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 22, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beibre 1)awn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 03, 2004 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispnte; 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 c(mference. 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 hearinl~. FOR THE COURT, By: /s/ Dawn S. SundaY. Esa. Custody Conciliator mhc 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 TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATI'ORNEY OR CANNOT Al?FORD ONE, GO 'FO 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 171],13 Telephone (717) 249-3166 JEREMY A. RHOADS, Plaintiff VS. BECKY M. LEADER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-2707 CIVIL ACTION - LAW : : : IN CUSTODY i)ETI'rlON TO F, NTI?,R fTIPIII,ATION Afl O'RI)F.R Cig CoIIRT AND NOW, come the parties, JEREMY A. RHOADS and BECKY M. LEADER, and respectfully request the following Stipulation to be entered as ma order of court: WHEREAS the parties, SEREMY A. RHOAD. S (Father hereinai~er) and BECKY M. LEADER (Mother hereinafter), have bom to them one child, n~unely ALEC RHOADS, bom May 30, 1996 (child hereinafter); and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and, WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. physic-al Cna*o&y Father shall have primary physical custody of the child. Mother shall have partial custody of the child to include alternating weekends from Friday at 5:00 p.m. until Sunday at 7:00 p.m. Mother may exercise additional periods of partial custody with the child at such other times as the parties may mutus~ly agree. 2. ~ The parties shall share legal custody of the child jointly. They shall consult with each other relative to ail important decisions concerning the child, including such matters as health, educaton, and religion. Therefore, although Father has primary physicai custody of the child, and Father shall have authority to make routine decisions regarding the welfare of the child, each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than a day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote lhe best interest of the child. If a dispute arises as to any matters regarding non-routine decisions regarding the child, then Father, who has primary physical custody of the child, may exercise final determination subject to review by a court of competent jurisdiction. Each of the parties shall have access to all the child's medical, dental, hospital, and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the child's heaith and education progress. Each of the parties shail be provided with schedules of school events and athletic events when available, or in the aiternative, provide two weeks notice to the other party that such an event is upcoming. 3. Summer Vacation Mother shall be entitled to six weeks with the child during the summer months as follows: (a) Three consecutive weeks beginning at 5:00 p.m. on the second Sunday following the child's last day of school. (b) Three consecutive weeks beginning at 5:00 p.m. on the Sunday closest to August 1 st. (c) This section shall supersede any other section contained in this agreement. 4. ~ The patties shall alternate the following holidays: Labor Day, Thanksgiving, New Year's Day, and Easter, Memorial Day. This alternating holiday schedule shall commence with Mother having Labor Day in 2004. The parties shall agree upon the times for this period of holiday visitation. This section shall supersede any other section contained in this agreement. This section may be changed or modified upon agreement hy both parties. 5. Christmas The Christmas holiday shall be divided into two segments. Segment A shall be from December 24th at 1:00 p.m. until Decen~tber 25th at 1:00 p.m. Segment B shall be from December 25th at 1:00 p.m. until December 26m at 1:00 p.m. Father shall have Segment A in the year 2004 mad all even years thereafter and Segment B in the year 2005 and all odd years thereafter. Mother shall have Segment B in the year 2004 and all even years thereafter and Segment A in the year 2005 and all odd years thereafter. This section shall supersede any other section contained in this agreement. 6. Mother's Day/Father's Day Mother's Day shall be with Mother, Father's Day shall be with Father. This visitation shall be from 9:00 a.xn. until 5:00 p.m. or as arranged by the parties. This section shall supersede any other section contained in this agreement. 7. ~ The parties agree that transportation te, and from their residences shall be shared in as equal a manner as possible. If the parties cannot agree, Mother shall pick up the child at the start of her custodial periods and Father shall pick up the child at the conclusion of Mother's custodial periods. 8. ~ During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 9. Notice of Whereabouts/Illness Each party agrees to keep the other reasonably informed of the whereabouts of the child while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the child, he or she shall promptly notify the other party of said circumstances. 10. Telephone Contact with Child Both Parties shall have: the right to reasonable telephone contact with the child during the other party's period of custody. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts t,a promptly return calls or messages left by the other party regarding the child. 11. Dis ara ' Remarks Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to als,a refrain from making any disparaging remarks regarding either parent in the presence of the child. 12. Contempt/Attorney's Fees Should either party be fotmd in Contempt of Court for breaching this agreement, the breaching party shall be responsible for all reasonable attorney's fees incurred by the non-breaching party. 13. Modification Any of the provisions of this Agreement may be modified or deleted upon mutual consent/agreement of both parties or upon Petition to the Court for Modification. WHEREFORE, the parties, intending to be legally botmd, and with the desire that this Agreement be entered as an order of court, hereby set their hands and seals and the date of their acknowledgment. BECKY l~. LEADER ~)~.te 0 JUL , 2004 JEREMY A. RHOADS, Plaintiff VS. BECKY M. LEADER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-2707 CIVIL ACTION - LAW : IN CUSTODY AND NOW, this ^L ''g'' day of ")'~'/~3,2004, upon consideration of the within Petition to Enter Stipulation as an Order of Court, the Petition is hereby granted. BY THE~ COUR/~/ AUG 0 4 2004 JEREMY A. RIIOADS VS. BECKY M. LEADER Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 04-2707 CIVIL ACTION LAW IN CUSTODY .ORDER AND NOW, this 29th day of July~ 2004 .., the conciliator, being advised by plaintiff s counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for lloday, is cancelled. FOR THE COURT, I~wnS. Sunaay, esqmre Custody Conciliator