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HomeMy WebLinkAbout10-3760FILED ;F T F 1, E P Ir?? NATHAN C. WOLF, ESQUIRE 2U i R v#1 p A 3 { I 1: j . ATTORNEY ID NO. 87380 i 10 WEST HIGH STREET CARLISLE PA 17013 CUPdi.. (717) 241-4436u'N' t ATTORNEY FOR PLAINTIFF EARL E. RHOADES, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DAWN M. RHOADES, : NO. 2010 - 3 76 CIVIL TERM 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 in 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, Carlisle, Pennsylvania 17013. 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, Pennsylvania 17013 717-249-3166 ® , r ?? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF EARL E. RHOADES, JR., Plaintiff V. DAWN M. RHOADES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2010 - CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Earl E. Rhoades, Jr., an adult individual residing at 1426 Bradley Drive, Apt I-113, North Middleton Township, Cumberland County, Pennsylvania 17013 2. The defendant is Dawn M. Rhoades, an adult individual residing at 38 Chestnut Street, Newville, Cumberland County, Pennsylvania 17241. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on June 22, 2002 in Newville, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made in this Complaint are true and correct to the best of my information and belief. 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. Jv vlF 7 , 2010 EARL E. RHOADES, JR., Plaintiff Respectfully submitted, WOLF & WOLF, Attorneys at Law ??441- , 2010 %A LF, ESQUIRE S re ourt ID #87380 0 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff FILE r ,lam THE car r;_;?„ ,? ?`( 2010 Jl +l -7 AM 11: 17 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CU1 I Y CARLISLE PA 17013 YFI c!y`G*` ??r "dIA (717) 241-4436 ATTORNEY FOR PLAINTIFF EARL E. RHOADES, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DAWN M. RHOADES, : NO. 2010 - 3 ',?1o0 CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,/" / ?61 Z,4 -Z -7,2010 EARL E. RHOADES, JR., Plaintiff f i ,~~ TN ~ ~ ~ sn-r ~Y :~!„ NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17011 (717) 241-4436 ATTORNEY FOR PLAINTIFF 2010 ~l(~ t 7 ~ r~: ~ CUPJI _ ~ i.i~ i Y EARL E. RHOADES, JR., Plaintiff v. DAWN M. RHOADES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2010 - ~7 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C P RULE NO 1920 4 ~al(~ (i) NOW, Nathan C. Wolf, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about June 11, 2010, by certified mail "restricted delivery," addressed to the defendant'at 38 Chestnut Street, Newburg, Pennsylvania 17240 return receipt No. 7008 1830 0003 5942 0598. . 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.~'I~n 4904, relating to unsworn falsification to authorities. i1 June ~, 2010 NATHAN Attorney fa ^ Complete items 1, 2, and 3. Also complete A. Item 4 if Restricted Delivery Is desired. ~ Age^t ^ Print your name and address on the reverse X ~ so that we can return the card to you. g, Received by ~ pd~ Name) C. Date of Delivery ^ Attach this card to the back of the rrrailpiece == t or on the front if space permits.. D. IS del d~7ferent from item 1? ^ Yes 1. Article Addressed to: If Y . ente~i~ Tess below: ^ No DAw N M . ,~ NoAD~s ~, O~~d ;= II M N~wY; ~~~ ~~ !~a ~ ~ 3. ~ ~~r Mall ^ Registered ~Retum Receipt for Merchandise ^ Irmured Mall ^ C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7008 1830 0[]03 5942 0598 (riansler rr~ sewlce PS Form 3811, February 2004 Domestic Return-Receipt to2ss5-o2-M-t5ac~x EARL E. RHOADES, JR. Plaintiff v. DAWN M. RHOADES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-3760 IN CUSTODY ORDER OF COURT CIVIL ACTION - L~,AW _~ ~' C r,, .; -~: `~ c~. ~; _~ Q c... ~~~ r.__. N -. ~: l cn ~/ day of ~G~ l 2010 u on `'° AND NOW, this p consideration of the attached Custody Conciliation Rep , it is ordered and directed as follows: 1. The Father, Earl E. Rhoades, Jr. and the Mother, Dawn M. Rhoades, shall have shazed legal custody of Logan E. Rhoades, born July 26, 2003 and Lane S. Rhoades, born November 30, 2006. 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 shaze the same, or copies thereof, with the other pazent 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 pazent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as pazents 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. During the summer, the parties shall share physical custody of the children on a week on/week off basis. The exchange day shall be Thursday at times agreed by the parties. 3. During the school year, Father shall have primary physical custody and Mother shall have periods of partial physical custody on alternating weeks from Wednesday evening to Tuesday morning, at times as agreed by the parties. ..l '~ Yt _~, 4 -,-, -~ t_~' ~: .~ 4. Holidays: A. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. B. Mother shall have physical custody of the children on Mother's Day at times agreed by the parts and Father shall have physical custody of the children on Father's Day at times as agreed by the parties. C. The parties shall share all other holidays. 5. The parties shall have liberal telephone contact with the children. 6. Transportation shall be shared as agreed by the parties. 7. Neither party shall do anything or say anything, nor permit third parties from doing or saying anything that may estrange the child from the other party, or injure the opinion of the child as to the other party or may hamper the free and natural development of the child's love and affection for the other party. 8. 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. BY THE COURT, / J. cc: I~iathan C. Wolf, Esquire, Counsel for father ./Dawn M. Rhoades, pro se 68 East Creek Road Newburg, PA 17240 e ~~~~ ~~~ 7 ~z1 rv a EARL E. RHOADES, JR. Plaintiff V. DAWN M. RHOADES, Defendant PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-3760 CIVIL ACTION -LAW IN CUSTODY 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 Logan E. Rhoades Lane S. Rhoades July 26, 2003 November 30, 2006 shared shared 2. A Conciliation Conference was held in this matter on July 20, 2010, with the following in attendance: The Father, Earl E. Rhoades, Jr. with his counsel, Nathan C. Wolf, Esquire, and the Mather, Dawn M. Rhoades, pro se. 3. The parties agreed to an Order in the form as attached. 7-a0~-10 ~~ V Date ac eline M. Verney, Esquire Custody Conciliator FILED-OFFICE OF THE PROTHONOTARY NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF EARL E. RHOADES, JR., Plaintiff V. DAWN M. RHOADES, Defendant 2010 DEC 15 PM 2: 5I; "BMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2010 - 3760 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about June 7, 2010 and served upon defendant on June 11, 2010 (see affidavit of service filed June 17, 2010). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. December 2010 EARL E. RHOADES, JR. EARL E. RHOADES, JR., Plaintiff V. DAWN M. RHOADES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2010 - 3760 CIVIL TERM : IN DIVORCE WAIVER OF NOTI E OF INT NTioN TO REQoV-M ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 Q OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. c c-s r113 0 rri c7 Ai -ct r? c.rt '06 C , C C? rr! 2. 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.. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. r December, 2010 EARL E. RHOADES, JR. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF EARL E. RHOADES, JR., Plaintiff V. DAWN M. RHOADES, Defendant FILED-OFFIC O T[JE PROT yG 'O`` AP, r ?810 DEC 15 PH 2. 51 AU PBER? LNG' c01j d ,f Y-% W A : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2010 - 3760 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about June 7, 2010 and served upon defendant on June 11, 2010 (see affidavit of service filed June 17, 2010). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. December --,?- 2010 DAWN M. RHOADES FILED-OFFICE NATHAN C. WOLF, ESQUIRE OF THE PliOTHONCIT;r r,'•' ATTORNEY ID NO. 87380 10 WEST HIGH STREET PA 17013 2Q DEC 1f 5 PM 2: IS r (717) 241-4436 pp d ATTORNEY FOR PLAINTIFF CUMBERLAND t.MIN ;' PFNF 4ZVI k/A htta EARL E. RHOADES, JR., Plaintiff V. DAWN M. RHOADES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010 - 3760 CIVIL TERM IN DIVORCE AM OF MU [1 jNTFN DON TO RE 1 rE rF ErME ENmOEAD UNDER r'I'ION 3301(Q.-OF T F DZn QgcE Cop 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. December _J q , 2010 ' ?'-t I? L, 'W 0 Z, DAWN M. RHOADES NATHAN C. WOLF, ESQUIRE A FILED-OFFICiz ATTORNEY ID No. 87380 ' E ? Q NC C T(? R y 10 WEST HIGH STREET CARLISLE PA 17013 2010 DEC I (717) 241-4436 PM 2= 5 ATTORNEY FOR PLAINTIFF EARL E. RHOADES, JR., Plaintiff V. DAWN M. RHOADES, Defendant 1,Uf1d tf?LdgND ColiNT"( RUAliz IN THE COURT MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2010 - 3760 CIVIL TERM : IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about June 11, 2010, defendant's was served with a copy of the divorce complaint via, certified mail. (See Affidavit of Service previously filed, June 17, 2010.) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff. December 14, 2010 By the defendant: December 14, 2010 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 15 , 2010 Date defendant's Waiver of Notice in Section. 3301(c) divorce was filed with the Prothonotary: December 15, 2010 December 15, 2010 Earl E. Rhoades, Jr. V. Dawn M. Rhoades IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3760 DIVORCE DECREE AND NOW, 22,c2OA9, r Z?-l , 0/6 , it is ordered and decreed that Earl E. Rhoades, Jr. , plaintiff, and Dawn M. Rhoades , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The marital settlement agreement dated November 11, 2010, is incorporated by r nce but not merged into i decree. By the Court, Attest: Pro onotary is/a? fio _ Cerh, &Py ri&J,,d le auy N,,th,.,, Wolf Nye lf?8p y rnr c -,6 4jf NATHAN C WOLF, ESQUIRE ATTORNEY W NO. 97380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF 2212 MAY 23 PH 1: 14 CU oc uwgYLVAN A EARL E. RHOADES, JR., Plaintiff V. DAWN M. RHOADES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2010 3760 CIVIL TERM : IN CUSTODY PETITION FOR SPEGLAL RELIEF NOW COMES the Plaintiff, Earl E. Rhoades, Jr., by and through his counsel, Nathan C. Wolf, Esquire, and presents the following petition for special relief and in support thereof represents as follows: Plaintiff is Earl E. Rhoades, (hereinafter "Father'D, an adult individual, who resides at 1426 Bradley Drive, Apt I-113, North Middleton Township, Cumberland County, Pennsylvania 17013 (with a mailing address of Carlisle, PA 17013) 2. Defendant is Dawn M. Rhoades, (hereinafter, "Mother', an adult individual, who resides at 850 Lincoln Way West, Chambersburg, Franklin County, Pennsylvania, 17202-1908. 3. The plaintiff and defendant are the natural parents of three minor children, namely: N= Present Residence AP Logan E. Rhoades 1426 Bradley Drive 7/26/2003 (Age 8) Apt I-113 Carlisle, PA 17013 Lane S. Rhoades 1426 Bradley Drive Apt I-113 Carlisle, PA 17013 11/30/2006 (Age 5) 4. The children are presently the subject of an Order for Custody issued July 21, 2010 by the Honorable Albert H. Masland, following a conciliation conference with Jacqueline M. Verney, q a# Esquire on July 20, 2010, where an agreement had been reached by and between the parties providing for shared legal custody of the children and primary physical custody of the children with Father and partial physical custody of the children with Mother. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit "A." The parties have generally abided the schedule set forth in the Order, however they have modified the overnight schedule to provide that the children are in their Mother's custody from Friday evening until the following Thursday after school, every other week. 6. On some instances, Mother only exercised custody of the children from approximately Saturday evening until Thursday evening every other week while one of the children participated in a youth wrestling program. 7. Since approximately January 2012, Mother has been residing at her current address in Chambersburg, Pennsylvania with her boyfriend Wayne Hoch. It is believed that Mr. Hoch is employed near the Letterkenny Army Depot, based on the direct observations of the parties' older child. 9. Mr. Hoch and the Defendant share one vehicle in the household. 10. It is believed that Mr. Hoch works an overnight shift, based upon the observations of the parties' older child. 11. The child has relayed to Father that Mother takes Mr. Hoch to work and Mother has, on occasion, taken the children along to drop off Mr. Hoch. 12. However, on or about May 20, 2012, Father learned that on several occasions, Mother has left the residence, and left the children alone inside residence while she has taken Mr. Hoch to work. 13. A basic internet search demonstrates that the distance between Mother's residence and the closest intersection to the Letterkenny Army Depot is 6.3 miles one way, which would take approximately 11 minutes to travel. (A true and correct copy of the results of said search is attached hereto as Exhibit B) 14. As a result, Mother would have left the children in her home for at least 22 minutes alone while she was driving Mr. Hoch. 15. On at least one occasion, the parties' eldest child awoke to find that no one was home other than his younger brother who was still asleep. 16. The child reported to Father that this incident caused him to be frightened as he had no idea when his Mother would return. 17. Of additional concern is the fact that Mother's residence does not have a landline telephone but rather Mother and her boyfriend only use cellular telephones. 18. Father confronted Mother about the child's allegations and Mother admitted that an isolated incident did occur but did not indicate that the situation would no occur again. 19. On May 21, 2012 Father learned that the child had been punished by Mother for informing Father about her actions and Father only learned about the punishment as a result of his call to the child while the child was at school. 20. Father fears that Mother's behavior demonstrates a total lack of judgment and that her actions continue to place the child's welfare and best interests at risk. 21. Father submits that he has no way of ensuring Mother is not repeating her behavior because generally her absences from the house have occurred while the children are sleeping but the older child has reported that he and his brother have been left alone more than ten separate times. 22. Father therefore requests that the Court enter an Order providing that Mother be limited to periods of partial physical custody each Saturday from 9:00 a.m. until 7:00 p.m. 23. Father will, within ten days of the filing of the instant petition, file a petition for modification seeking a permanent change to this requested schedule. 24. Father submits that the children's best interests and permanent welfare would be best served by granting him primary physical custody and limiting Mother's contact with the children to every Saturday from 8 a.m. to 6 p.m., until further review by this Court. 25. The prior judge assigned to this matter is the Honorable Albert H. Masland, J. WHEREFORE, for the reasons set forth herein, Plaintiff, Earl E. Rhoades, Jr., respectfully requests that the Court enter a temporary order granting physical custody of the children to him and directing that Mother shall be limited to periods of custody with the children for periods of ten hours every Saturday, pending further Order of Court, and such other relief as set forth on the proposed Order of Court submitted herewith, along with any additional relief that the Court may deem appropriate and just. RespecdWly submitted, WOLF & WOLF, Attorneys at Law Date: May A- 2012 By: olio Esquire est High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that fake statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. May . 2012 Earl E. Rhoades, Jr. EARL E. RHOADES, JR. Plaintiff V. DAWN NL RHOADES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-3760 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COUE.T AND NOW, this Q/V" day of , 2010, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The Father, Earl E. Rhoades, Jr. and the Mother, Dawn M. Rhoades, shall have shared legal custody of Logan E. Rhoades, born July 26, 2003 and Lame S. Rhoades, born November 30, 2006. 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. During the summer, the parties shall share physical custody of the children on a week on/week off basis. The exchange day shall be Thursday at times agreed by the parties. 3. During the school year, Father shall have primary physical custody and Mother shall have periods of partial physical custody on alternating weeks from Wednesday evening to Tuesday morning, at times as agreed by the parties. 4. Holidays: i61Z A A. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. B. Mother shall have physical custody of the children on Mother's Day at times agreed by the parts and Father shall have physical custody of the children on Father's Day at times as agreed by the parties. C. The parties shall share all other holidays. 5. The parties shall have liberal telephone contact with the children. 6. Transportation shall be shared as agreed by the parties. 7. Neither party shall do anything or say anything, nor permit third parties from doing or saying anything that may estrange the child from the other party, or injure the opinion of the child as to the other party or may hamper the free and natural development of the child's love and affection for the other party. 8. 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. BY THE COURT, kll)ZL 4 s4/_ 77- cc: Nathan C. Wolf, Esquire, Counsel for father Dawn M. Rhoades, pro se 68 East Creek Road Newburg, PA 17240 TRUE 1'.$` 1 RKORb w,howii Fla Wft art any hand and do 4pW arAmad W = - 26 ?T Tti _iL..L. Google Directions to 850 Lincoln Way W, Chambersburg, PA 17202 6.3 ml -about 11 mins PA-997 S/Cumberland Hwy 1. Head south on PA-9107 SICumberland Hwy toward Coffey Ave go 66 ft total 66 ft go 2.4 mi total 4.0 mi 10 5. Take the 2nd right onto College Ave go 459 It total 4.4 mi mm_ onto U.8.30 WlLincoln Way W go 1.0 mi 7. At the traffic circle, take the I st exit total 6.3 mi Destination will be on the left About 3 mins 850 Lincoln Way W, Chambersburg, PA 17202 These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route. Map data 02012 Google Direcions weren't riaht? Please find your route on ma . le.com and dick "R a VoWerri` at the bottom left. bpelT 13 3 Turn right onto 08-11 SIPhiladelphia Ave 11 Continue to follow US-11 S About 4 mins NATHAN C. WOLF, ESQUIRE ATTORNEY M NO. 87380 to WEsr HIGH STREM CAR.rci.E PA 17013 (717) 7,414436 ATTORNEY FOR PLAINTIFF EARL E. RHOADES, JR., : IN THE COURT OF COMMON FLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DAWN M. RHOADES, : NO. 2010 - 3760 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Petition for Special RcHcfupon the following individual by postage prepaid mail, addressed as follows: Dawn M. Rhoades 850 Lincoln Way West Chambersburg, PA 17202-1908. Respectfully submitted, <N4 . Wolf, Esquire torney for Plaintiff Date: May An 2012 EARL E. RHOADES, JR., Plaintiff V. DAWN M. RHOADES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA c; : CIVIL ACTION - LAW -, =M NO. 2010 - 3760 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this 2012, upon consideration of the -2f---L day of F'?J ti foregoing petition for special relief filed by the Plaintiff, the petition is hereby GRANTED and the following relief is ordered: (1) The parties shall continue to share legal custody B 11 /30/2006 ' Logan E. Rhoades, D.O.B. 7/26/2003, and Lane S. Rhoades, (2) Father shall have physical custody of the children subject to Mother's right to exercise custody of the children as follows: a. Each Saturday from 9:00 a.m. until 7 p.m. b. Such other times as the parties may agree c. The receiving party shall transport such children Mother shall contact Father to make specific arrangements for (3) Pending a conciliation conference, Father shall permit reasonable contact between Mother and the children by telephone. (4) If he has not already done so, Father shall file a petition for modification within 10 days of the date of this Order. BY THE COURT: ALBERT H. MA LAND, J. Distribution: Nathan C. Wolf, Esquire for Plaintiff Y" Dawn M. Rhoades, pro se Defendant ;/ Court Administration EARL E. RHOADES, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIAE- , rrri m c_ 2010-3760 CIVIL ACTION LAW : m y DAWN M. RHOADES -? IN CUSTODY C IN FF.NDAN't tv ORDER OF COURT AND NOW, Wednesd ay, June 06, 2012 _,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, July 10, 2012 at 9:30 AM for a Pre-licann T Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ii'this cannot be accinnplished, to def ine and narro%A the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference niav 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: Jacqueline M. Verney, Esq. _ Custody Conciliator T 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 vC?ef,6. CoP?? ??,?.,? tleoe? d?A p 9C p&14 47 A t Vern e? s t OP EARL E. RHOADES, JR., Plaintiff V. DAWN M. RHOADES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-3760 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of G? t , 2012, upon consideration of the attached Custody Conciliation Report, ' is ordered and directed as follows: The prior Orders of court dated July 20, 2010 and May 25, 2012 are herby vacated. 2. The Father, Earl E. Rhoades, Jr. and the Mother, Dawn M. Rhoades, shall have shared legal custody of Logan E. Rhoades, born July 26, 2003 and Lane S. Rhoades, born November 30, 2006. 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. 3. Father shall have primary physical custody of the children. 4. Mother shall have partial physical custody of the children on alternating weekends beginning August 3, 2012 from Friday after school or 3:00 p.m. to Monday morning when it will be her responsibility to transport the children to school on time or if no school until 3:00 p.m. 5. Holidays. A. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. B. Mother shall have physical custody of the children on Mother's Day at times agreed by the parties and Father shall have physical custody of the children on Father's Day at times agreed by the parties. C. The parties shall share all other holidays. 6. The parties shall have liberal telephone contact with the children. 7. Transportation shall be shared such that the receiving party shall transport, except when Mother is responsible for getting the children to school. The parties shall assure that the children always have proper adult supervision. 9. Neither party shall do nor permit a third party to do, or say anything that would estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 10. RELOCATION: No parry shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 11. 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. BY THE COURT, J. cc: Nathan C. Wolf, Esquire, Counsel for Father .#/Dawn M. Rhoades, pro se c 850 Lincoln Way West N 73 Chambersburg, PA 17202-1908 rn --.;C ; < 3> c a CO , c EARL E. RHOADES, JR., Plaintiff V. DAWN M. RHOADES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-3760 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. 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 Logan E. Rhoades July 26, 2003 Father Lane S. Rhoades November 30, 2006 Father 2. A Conciliation Conference was held in this matter on July 24, 2012, with the following in attendance: The Father, Earl E. Rhoades, Jr., with his counsel, Nathan C. Wolf, Esquire, and the Mother, Dawn M. Rhoades, pro se by telephone. 3. The Honorable Albert H. Masland previously entered an Order of Court dated July 20, 2010 providing for shared legal custody, Father having primary physical custody during the school year with Mother having alternating weeks Wednesday to Tuesday and the parties sharing physical custody in the summer. Judge Masland also entered an Order of Court dated May 25, 2012 suspending Mother's overnights to every Saturday from 9:00 a.m. to 7:00 p.m. 4. The parties agreed to an Order in the form as attached. Date: I - Z 9 - / 2- (4?? A cq ine M. Verney, Esquire Custody Conciliator