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HomeMy WebLinkAbout01-4936DANIELLE M. RHOADS, Plaintiff NIGEL L. RHOADS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- ~'~ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR A'I-FORNEY 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 DANIELLE M. RHOADS, Plaintiff NIGEL L. RHOADS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D) Of THE DIVORCE CODE 1. Plaintiff is Danielle M. Rhoads an adult individual who resides in Cumberland County, Pennsylvania. 2. Defendant is Nigel L. Rhoads, an adult individual who currently resides at 23 Betty Nelson Court, Lot #139, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 12, 1998, in Cumberland County, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. 6. 7. The marriage is irretrievably broken. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: ~.Z'I.9 I I~licha~l a. Scherer, Esquire I.D.# 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Danielle M. Rhoads mas,dirldomesticldivorcelrhoads.com VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Danielle M. Rhoads DANIELLE M. RHOADS, Plaintiff NIGEL L. RHOADS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4936 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Danielle M. Rhoads, an adult individual who currently resides in Cumberland County, Pennsylvania. 2. The Defendant is Nigel L. Rhoads, an adult individual residing at 23 Betty Nelson Court, Lot # 139, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present residence Date of Birth Sierra M. Rhoads with the Plaintiff 05/25/00 The child was not born out of wedlock. The child is presently in the custody of Plaintiff, who resides in Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Nigel L. Rhoads and Danielle M. Rhoads Danielle M. Rhoads Residences 23 Betty Nelson Court, Lot #139 Carlisle, Pennsylvania 17013 with the Plaintiff Dates 05/25/00 to 05/28/01 05/28/01 to present The natural mother of the child is Danielle M. Rhoads, currently residing in Cumberland County, Pennsylvania. She is married to the Defendant. The natural father of the child is Nigel L. Rhoads, currently residing at 23 Betty Nelson Court, Lot # 139, Carlisle, Cumberland County, Pennsylvania. He is married to the Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Names Sierra M. Rhoads Relationship daughter The relationship of the Defendant to the child is that of natural father. The Defendant currently resides with the following persons: Names Relationship NONE 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER '~'~ Esquire Michael A. Scherer, I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dlrldomestlclcustodylrhoads.com VERIFICATION I verify that the statements made in the foregoing Complaint for Custody 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 falsifi/c~tion to authorities. Danielle M. Rhoads DANIELLE M. RHOADS PLAINTIFF : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-4936 CIVIL ACTION LAW NIGEL L. RHOADS DEFENDANT : IN CUSTODY AND NOW, Tuesday, October 30, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ., the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 15, 2001 at 8:30 AM for a Pre-Heating Custody Conference. At suet conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangeme~nts 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 ATrORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DANIELLE M. RHOADS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NIGEL L. RHOADS, Defendant NO. 2001-4936 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on August 22, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Danielle M. Rhoads O£G 0 7 2001 DANIELLE M. RHOADS, Plaintiff v NIGEL L. RHOADS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 -4936 CIVIL IN CUSTODY COURT ORDER AND NOW, this [I day of December, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Danielle M. Rhoads, and the Father, Nigel L. Rhoads, shall enjoy shared legal custody of Sierra M. Rhoads, born May 25, 2000. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy temporary physical custody with the minor child as follows: On alternating weekends from Friday after Father's work until Sunday evening at 7:00 p.m. B. At such other times as agreed upon by the parties. The parties shall work between themselves to arrange a shared holiday schedule for purposes of sharing or alternating custody of the minor child on major holidays. CC: 5. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to modify this order, that party may petition the court to have the case again sche~qluled with the conciliator for a conference. J. Edgar B. Bayley Michael A. Scherer, Esquire O~ migel L. Rhoads d I~~,.~ / 23 Betty Nelson Court } ~- J 1' 0 Carlisle, PA 17013 DANIELLE M. RHOADS, Plaintiff V NIGEL L. RHOADS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 4936 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinem information pertaining to the child who is the subject of this litigation is as follows: Sierra M. Rhoads, born May 25, 2000. A Conciliation Conference was held on December 6, 2001, with the following individuals in attendance: The Mother, Danielle M. Rhoads, with her counsel, Michael A. Scherer, Esquire; and the Father, Nigel L. Rhoads, who appeared without counsel. There was an issue at the custody conciliation conference with respect to each parties respective responsibility when they have custody of the minor child. The conciliator reviewed those issues with the parents, and the matter should be resolved for the time being. There is also an existing PFA which includes a custody order and the parties request that the current stares quo be incorporated into a custody order at this term and number. Based upon that request, the conciliator recommends the entry of an order in the form as attached. DATE Hubert X. ~squire Custody Conc/~ator DANIELLE M. RHOADS, Plaintiff NIGEL L. RHOADS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4936 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. BY O'BRIEN, BARIC & SCHERER MiChael A. Scherer, Esquire DATE: January 29, 2002 · Complete Items 1, 2; and 3. Also complete . °item 4 if ~ pal!Vary i~ deeimd. iso thet we can return the card to you. Attach this card to the back of the mailplece, or on the front tf space permits. 2. Article Num. be[ (Copy from service label) PSFarm3811,~ju~y1~t~i ~i~ii: Do~c~turnRec~pt r~ ~ge~t from Item 17 r'l yes ff YES, enter delivery address I:~,ow: ri No I ~ [] P, egl~e~l~l [] Return Receipt for Merchandise J r-~ Insured Mall 1'3 C.O.D, J4. Flesh. ed DeWa'y? (E,x~ Fee) jJl[J Ya~ 102595-00-M-0952 DANIELLE M. RHOADS, Plaintiff NIGEL L. RHOADS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4936 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on August 22, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on August 24, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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, 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ' J NigelL. Rhoads DANIELLE M. RHOADS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4936 CIVIL TERM NIGEL L. RHOADS, Defendant CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Service upon the defendant via certified mail, restricted delivery on August 24, 2001. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiffNovember 29, 2001 , by the defendant January 27, 2002 (b) (1) Date of execution ofthe plaintiffs affidavit required by Section 330 l(d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4. Related claims pending. NONE 5. 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: (b) Date plaintiffs waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: January 30, 2002 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: January 30, 2002 Micl~ael A. Scherer, Esquire Attorney for the Plaintiff, Danielle M. Rhoads IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~. PENNA. DANIELLE M. RHOADS, Plain%iff VERSUS NIGEL L. RHOADS, Defendant NO. 2001-4936 CIVIL AND NOW, DECREED THAT AND DECREe IN DIVORCE DANIELLE M. RHOADS NIGEL L. RHOADS , ~Vw, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM The BONDS OF MATRIMONY. The COURT RETAINS JurISDiCTiON OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOt YEt BEEN ENTERED; NONE ATTEST~ J. PROTHONOTARY DANIELLE M. RHOADS, Plaintiff NIGEL L. RHOADS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4936 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in Divorce from the Bonds of Matrimony on the 5th day of February, 2002 hereby elects to retake and hereafter use her prior name of Danielle M. Keck, and gives this written notice avowing her intention in accordance with the provisions of the act of May 25, 1939, P.L 192 (23 P.S. 98), as amended. Dated: /-22'(~)~------ Danielle M, Rhoads TO BE KNOWN AS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. On the 22nd day of February, 2002, before me, a notary public, personally appeared Danielle M. Rhoads to be known as Danielle M. Keck, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal Jenn fer S. Lmdsay, Notary Public Carlisle Bore, cumberland Cou,zty My Commission Expires Nov. 29, 2003 , Member, Pennsyivania Association et Net9 rigs