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HomeMy WebLinkAbout04-5130CHRISTINE M. RODITES, : IN THE COURT of COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. RODITES,: Defendant : CIVIL ACTION - CUSTODY To: The Judges of,Said Come follows: 1. Plaintiff Christine M. Rodites is a divorced adult individual who resides at 7 Pine Ridge Estates, Apaitment 502, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Defendant Christopher M. Rodites is a divorced adult individual who resides at 310 Peach Glen Road, Gardners (Cumberland County), Pennsylvania 17324. 3. Above pames are the biological parents of Anastasia Mackenzie Rodites (dob: August 30, 2000). Said child was born in wedlock and before her parents' subsequent divorce on November 26, 2003. 4. During said child's life, she resided at the following residences (all in Cumberland County): a. 310 Peach Glen Road, Gardners, PA 17324; and b. 90 Dill Drive, Carlisle, PA 17013; and c. 7 Pine Ridge Estates, Apt 502, Mount Holly Springs, PA 17065 5. Plaintiff has had primary physical custody since the separation of the patties with liberal periods of partial custody for Defendant. Parties had executed a written ratified agreement to this end which is atmcbed hereto as Exhibit "A" and made part hereof. 6. Defendant, without the consent, has taken said child and refused to allow Plaintiff any access to her daughter. This act is in bad faith and demonstrative of Defendames intent to solely control the child. 7. No other Custody Action has been commenced in any other jurisdiction. 8. All parties have been made party to this action. 9. No trained paxty is a present member of the Armed Services of the United States of America. WHEREFORE above Plaintiff CHRISTINA M. RODITES respectfiflly prays that she been granted prknary custody of Jna,ta~i~ Macicemie Rod/te~ and that Defendant be granted partial primary custody; but with supervision until he demonstrates that he will not continue his athimtty and harmful refusal to adhere to custody orders or agreements. Respectfully submitted The Law Office of John M. Glace John~, Esquire Suye ~ID: 23933 132-134 Walnut Street Harrisburg, PA 17101-1612 Telephone: 717-238-5515 Telefax: 71%238-6929 Counsel for PLaintiff: Tp,l~olO~4 CERTIFICATE OF SERVICE · I HEREBY CERTIFY that ttus{ ~.-day of Oetober, 2004 1 have served a true and correct copy of the foregoing Cod~plaint for Custody, by first class mail, postage pre-paid, upon: CHRISTOPHER M. RODITES 310 Peach Glen Road Gardncrs, PA 17324 Defendant LAW OFFICES of JOHN M. GLACE "~~M. Glace, Esquire ,4~/32-134 Walnut Slxeet ~sburg, PA. 17101-1612 (717) 238-5515 Identification No. 23933 Counsel for Plaintiff CHRISTINE M. RODITES PLAINTIFF CHRISTOPHER M. RODITES DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5130 CIVIL ACTION LAW CUSTODY ORDER OF COURT AND NOW, Wednesday, October 20, 2004 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, November 15, 2004 at 11:00~_~_~ 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 issnes to be heard by the court, and to enter into a temporary order. All children axe five or older may also be present at the conference. Failure to appear at the conference ma,/ provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and ali existing Protection from Abuse orders, Sl~eeial Relief orders, and Custody orders to the conciliator 48 hours I~rior tn scheduled hearing,. FOR THE COURT, By: /si Meh'ss~, Es~. rnhc 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 HAVE THIs PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 Associatiou 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 CHRISTINE M. RODITES, Plaintiff CHRISTOPHER M. RODITES, Defendant IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5130 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of December, 2004, upon consideration of Defendant's Petition for Special Relief, a hearing is scheduled for Wednesday, December 22, 2004, at 3:00 p. m., in Courtroom No. 1, Cumberland County Comthouse, Carlisle, Pennsylvania. John Glace, Esq. 132-134 Walnut Street Harrisburg, PA 17101 Attorney for Plaintiff Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant :rc BY THE COURT, J~esley Oler, ~.r~, j. SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS*AT*LAW 26 W. High Street Carlisle, PA CHRISTINE M. RODITES, Plaintiff/Respondent V. CHRISTOPHER M. RODITES Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBI:!RLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - DIVORCE : NO. 04-5130 ClVlL TERM : : IN CUSTODY PETITION FOR SPECIAL RELIEF Now comes CHRISTOPHER M. RODITES , by and through his counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C., and petitions this I~lonorable Court as follows: 1. The parties hereto are parents of a child, Anastasia Mackenzie Rodites, born August 30, 2000. 2. On December 2, 2004, this Honorable Court entered an order after a conciliation conference providing to Petitioner primary physical custody of the child subject to rights of partial custody in Respondent inter alia, two days, to include overnights, out of each fourteen days. 3. The specific times and dates were to be arranged by mutual agreement of the parties. A copy of the December 2, 2004 Court order is attached hereto as Exhibit "A". 4. On the weekend of December 4 and 5, 2004, Respondent had custody of Anastasia for two days and two overnights. She asked for, and Petitioner agreed to, an extra period of time with thE; child from Saturday, December 11 at 5:00 p.m. until Sunday, December 17. between 6:00 to 7:00 p.m. The agreement for this extra period of custodial time was oral. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 10. On Sunday night, December 12, 2004 when Petitioner went to pick up the child, Respondent refused to return her. Petitioner called the state police but the state police referred the matter to this court. Paragraph 6 of the order of December 2, 2004 forbids the child being left unsupervised with Michael Nieves. Upon information and belief on the morning of December 13, 2004 Respondent went to work at approximately 6:00 a.m. and leaving the child in the care of Michael Nieves. Christine M. Rodites is in contempt of this court's order of December 2, 2004 in the following particulars. a. She has failed to return the child to Petitioner on December 12, 2004. b. She has left the child unsupervised with Michael Nieves. Without a court order, Respondent is unable to obtain the return of his child pending a hearing in this matter. Petitioner has expended attorney's fees in order to enforce the court's order of December 2, 2004. Attorney John Glace represented Petitioner at the conciliation conference but his aid in attempting the return of the child this morning in enforcing the court's order this date has not availed. 3 SAIDIS SHUFF, FLOWER & LINDSAY ATtORNEYS*AT*LAW 26 W. High Street Carlisle, PA WHEREFORE, Petitioner prays this Honorable Court to enter an emergency order requiring the Pennsylvania State Police, Carlisle Barracks, to assist Petitioner in obtaining the return of the custody of the child and to find Respondent in contempt of the court's order of December 2, 2004 and to order attorney's fees. SAIDIS, S,HUFF, FLOWER & LINDSAY Attorneys for Petitioner Carlisle, PA 17013 (717) 243-6222 4 SAIDIS SHIJFF, FLOWER & LINDSAY ATtORNEYS*AT*LAW 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. CHRISTOPHER M. RODITES Date: SAIDIS SHUFF, FLOWER & LINDSAY ATtORNEYS*AT*LAW 26 W. High Street Carlisle, PA CERTIFICATE O~F SERVICE Carol J. Lindsay, Esquire, of the law firm of SAIDIS, sErUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Emergency Relief this day by certified mail, restricted delivery and also by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: John Glace, Esquire 132-134 Walnut Strset Harrisburg, PA 17101 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Petitioner Carlisle, PA 17013 (71 ;7) 243-6222 5 CHRISTINE M. RODITES, Plaintiff · CHRISTOPHER M. RODITES, · Defendant · NOV 2 § 2004~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5130 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of 20t)4, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Christine M. Rodites and Christopher M. Rodites, shall have shared legal custody of the minor child, Anastasia Mackenzie Rodites, born August 30, 2000. 2. Physical Custody. Father shall have primary physical custody subject to Mother's rights of partial custody which shall be arranged as follows: A. Two (2) days, to include overnights, out of eaCh fourteen (14) days. The specific times and dates shall be arranged by mutual agreement of the parties. B. At other such times as the parties mutually agree. 3. Transportation. The parties will share responsibility for transportation incident to the custodial exchange by their mutual agreement. 4. Holidays. The following holiday schedule shall supersede the regular schedule: year. Thanksgiving. Father shall have custody for Thanksgiving each B. Christmas· Mother shall have custody from Christmas Eve to Christmas Day at 2:00 p.m. each year. Father shall have custody from Christmas Day at 2:00 p.m. until December 26th at 2:00 p.m. each year. C. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. NO. 04-5130 CIVIL TERM D. New Year's. Father shall have custody for New Year's Eve and New Year's Day each year. E. Independence Day. Mother shall have custody for the Independence Day fireworks observance in Carlisle, Pennsylvania each year. F. Easter. Mother shall have custody for Easter. G. Memorial Day / Labor Day. Memorial Day and Labor Day. Father shall have custody for 5. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 6. The child shall not be left unsupervised in the care of Michael Nieves. BY THE COURT: Dist: John M. Glace, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 Carol J. Lindsay, Esquire, 26 West High Street, Carlisle, PA 17013 T?'~"'~..~ C'3P¥ F~-~DM In T~::~; mc~ny ',,.~,:~of, I h:,-re um'o set my hand ar~tne ~eal of said Court ~arlisle, Pa. ~ Prothonota~ CHRISTINE M. RODITES, Plaintiff ¥. CHRISTOPHER M. RODITES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5130 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE t 915.3-8, the undersigned Custody Conciliator submits the fl~llowing report: 1. The pertinent information concerning the child who is the .subject of this litigation is as follows: NAME Anastasia Mackenzie Rodites DATE OF BIRTH August 30, 2000 CURRENTLY IN THE CUSTODY OF Father 2. Mother filed a Complaint for Custody on October 12, 2004. A Custody Conciliation Conference was held on November 15, 2004. P~'esent for the conference were: Mother's counsel, John M. Glace, Esquire; the Father, Christopher M. Rodites, and his counsel, Carol J. Lindsay, Esquire. Mother failed to attend the Conference. 3. In the absence of any objection from the Mother and at Father's request, the following Order is entered and may be subject to modifica.~L.as provided by law. Mother's counsel had apparer)t authority to agree to the terms pF3'vided.) Date / (- ~lelissa~ Peel Greevy, Esqui~'e Custody Conciliator :239413 CHRISTINE M. RODITES, Plaintiff Vo CHRISTOPHER M. RODITES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-5130 CIVIL TERM IN CUSTODY PRAECIPE TO WITHn~RAW To the Prothonotary: Please withdraw Defendant's Petition for Special Relief without prejudice. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant By: ID# ,44693 26 W/est High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY A'VI'ORNEYS.AToLAW 26 W. High Street Carlisle, PA 12/21/2884 14:28 7172436518 SAIDIS SHUFF FLOWER PAGE 83/83 SAIDIS SHUFR FLOWER & LINDSAY A'rlN~N~3~AI'~LAW Carlisle, PA CHRISTINE M. RODITES, Plaintiff CHRISTOPHER M. RODITES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL~MqD COUN'rY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-5130 CIVIL TERM IN CUSTODY PRAECIPI-'_ TO WITHDRAW To the Prothonotary; Please withdraw Defendant's Petition for Special Relief without prejudice. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant 26 West High Street Carlisle. PA 17013 (717') 243-6222 CHRISTINE M. RODITES, Plaintiff Vo CHRISTOPHER M. RODITES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5130 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of December, 2004, upon consideration of the attached letter from Carol J. Lindsay, Esq., attorney for De'fendant, the hearing previously scheduled on Defendant's Petition for Special Relief for December 22, 2004, is cancelled. ~6"ohn Glace, Esq. 132-134 Walnut Street Harrisburg, PA 17101 Attorney for Plaintiff ~,Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant ;rc BY THE COURT, ~jwesley Ole,~, Jr., Jo 12/2Z/2884 14;28 717243G518 SAIDIS SHUFF FLOWER PAGE 82/83 LAW SAIDIS, SHUFF, FLOWER & LINDSAY 2109 MARKET STREET C^MF ~ .I.., PA FABLE: ~ ~7.~7 R.BPL'~ TO C. ARLI~I,I~ December 21, 2004 Via facsimile 240-6462 and First Class Mail The Honorable Judge J. Wesley Oler One Courthouse Square Carlisle, PA 17013-3387 Rodites v. Rodites No, 04-5130 in Custody Dear Judge Oler: I filed a Petition for Special Relief In the captioned case seeking the return of a child and for a finding of contempt. The child has been returned and I have filed a Pmecipe withdrawing our Petition. The hearing on the Petition scheduled for December 22, 2004 at 3:00 p.m. in your chambers is no longer necessary. Thank you for your assistance, CJL:ap Enclosure Cc: Christopher M, Rodltes John Glace, Esquire Very truly !/ours, Saidia, Sh~df, Flower & Lindeey Carol J, L~dsay ~/