HomeMy WebLinkAbout04-6233
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
LYNETTE J. RHOADES,
Plaintiff
CIVIL ACTION - LAW
v.
No. 2004 - ? ;(:13 (Civil Term)
BRIAN E. RHOADES, JR.,
Defendant
(In Custody)
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served by entering a written appearance personally or by attorney and filing in
writing with the court, your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so, the case may proceed without you and a judgment may
be entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE TIllS 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
NOTICIA
Le ban demando a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por
abogado y archiver en la corte en forma escrita sus defensas 0 sus objeciones alas
demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara
medidas u puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualguir
queja 0 alivio que es pedido en Ia peticion de demanda. Usted puede perder dinero 0 sus
propiendades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO,
VA Y A EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUY A
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
DALEY, ZUCKER & GINGRICH, LLC
By:
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rjiqds .y <nngrl.a, Itiac~ui
A'ttorney J.D. N; 87954
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
Attorneys for Plaintiff
IN mE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
LYNETTE J. RHOADES,
Plaintiff
CIVIL ACTION - LAW
v.
No. 2004 - ~ (Civil Term)
BRIAN E. RHOADES, JR.,
Defendant
(In Custody)
COMPLAINT FOR CUSTODY
AND NOW, this ..fL~ay of December, 2004, comes Plaintiff, Lynette J. Rhoades,
by and through her attorneys, Daley, Zucker & Gingrich, LLC, and files the following
Complaint for Primary Custody, and in support thereof avers as follows:
1. Plaintiff, Lynette J. Rhoades, is an adult individual who currently resides at
17 Sharon Road, Enola, Cumberland County, Pennsylvania 17025 (hereinafter referred to as
"Mother") .
2. Defendant, Brian E. Rhoades, Jr., is an adult individual who currently
resides at 54 Dilulle Road, Pennfield, Clearford County, Pennsylvania 15849 (hereinafter
referred to as "Father").
3. Plaintiff, Lynette Rhoades, is the natural mother of two (2) minor children,
Brian Edward Rhoades, ill, who was born on August 8, 1992 and Rebecca Kate Rhoades,
who was born on June 28, 1994 (hereinafter collectively referred to as the "Children").
4. Defendant, Brian Rhoades, is the natural father of the Children.
5. The Children were not born out of wedlock.
6. The parties were married on April 25, 1992 and separated on August 13,
2004.
7. Mother seeks joint legal custody and primary physical custody with Father
having periods of partial custody of the following Children:
Name Present Residence Age
Brian Edward Rhoades, ill 17 Sharon Road 11 y.o.
Enola, P A
Rebecca Kate Rhoades 17 Sharon Road 9y.o.
Enola, P A
Since birth, the Children have resided with the following persons and at the following
addresses:
Name
Address Dates
17 Sharon Road 8/13/04 -
Enola, P A Present
17 Sharon Road Jan. 2002-
Enola, P A 8/13/04
112 N. Enola Drive June 1993 -
Enola, P A January 2002
565 Ridge Avenue August 1992 -
Enola, P A June 1993
Mother
Father & Mother
Father & Mother
Father, Mother &
Paternal grandfather
8. Mother's permanent address is 17 Sharon Road, Enola, Cumberland County,
Pennsylvania, where Mother has, since the date of separation, exercised primary physical
custody of the Children.
9. Father's permanent address is Dilulle Road, Pennfleld, Clearford County,
Pennsylvania, where Father exercises periods of partial physical custody of the Children.
10. The relationship of Plaintiff to the Children is that of natural mother.
11. The relationship of Defendant to the Children is that of natural father.
12. Mother has no infonnation of any other custody proceeding concerning the
Children pending in any court of this Commonwealth.
13. Mother does not know of a person, not a party to this proceeding, who has
physical custody of the Children or claims to have physical custody or visitation rights with
respect to the Children.
14. The best interest and permanent welfare of the Children will be served by
granting the relief requested because:
a. Plaintiff is the natural mother of the Children;
b. Mother has a warm, loving relationship with the Children;
c. Mother has, in the past, and will continue to provide a stable, loving
home environment for the Children;
d. Mother will ensure that the Children are raised in healthy, loving
environment;
e. Mother will continue to encourage the Children to participate in and
cooperate in periods of partial custody with Father;
f Mother will continue to foster a feeling of love and affection between
the Children and the Father;
g. Mother has formed a strong bond with the Children;
h. Mother has always exercised her parental duties and responsibilities
with regard to the Children and she enjoys the love and affection of
the Children;
1. Mother will continue to provide the Children with a home with
adequate moral, emotional and physical surroundings, as required to
meet the Children's needs.
15. Each parent whose parental rights to the Children have not been terminated
and the person(s) who has physical custody of the Children have been named as parties to
this action. There are no other persons who are known to have or claim to have a right to
custody or visitation of the Children.
WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiff,
Lynette 1. Rhoades, primary physical custody and shared legal custody of the Children.
Respectfully Submitted,
DALEY, ZUCKER & GINGRICH, LLC
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By: I i ,.~ ,r---
iLk ay Gin MacGy, Esq r
~ttomey lD. o. 87954
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
Attorneys for Plaintiff
VERIFICATION
I, Lynette J. Rhoades, verify that the statements made in this Complaint for Custody
are true and correct to the best of my knowledge, information and belief I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904,
relating to unsworn falsification to authorities.
Date:
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Lynette J. Rhokdes
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LYNETTE J. RHOADES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-6233 CIVIL TERM
v.
CIVIL ACTION - LAW
BRIAN E. RHOADES, JR.,
IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this le'- day of March, 2005, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Leqal Custodv. The parties, Lynette J. Rhoades and Brian E. Rhoades, Jr.,
shall have shared legal custody of the minor children, Brian E. Rhoades, III, born August 8,
1992, and Rebecca Kate Rhoades, born June 28, 1994. 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. 95309, 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 of 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.
2. Phvsical Custodv. Mother shall have primary physical custody subject to
Father's rights of partial custody which shall be arranged as follows:
A. Effective March 4, 2005, on alternating weekends from Friday at
7:45 p.m. until Sunday at 9:00 p.m.
3. Transportation. Father shall provide all transportation incident to the custodial
exchange until such time as Mother's physician releases her to drive. After Mother is
medically permitted to drive, Mother and Father shall meet half way for the custodial
exchange on Friday evenings and Father shall provide the transportation on Sunday
evenings, unless the parties agree otherwise.
4. Neither party shall do or say anything which may 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. Each
parent shall ensure that third parties also comply with this provision during his or her periods
of custody. The parties shall not discuss adult issues such as child support and the
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NO. 04-6233 CIVIL TERM
custodial arrangement with the children. The parties shall not use the children to convey
verbal messages to the other parent about the custody situation or changes in the custodial
schedule.
5. In the event a parent is away from home overnight with the children, that
parent shall provide the other parent with notice of their location, telephone number where
they can be reached, and information regarding the duration of the trip.
6. Summer. Each parent shall be entitled to four (4) weeks of custody during the
summer school recess. Father's weeks of custody shall be arranged non-consecutively.
Father shall have one (1) week of custody to occur in June, one (1) week in July, and one
(1) week in August. The fourth week may be scheduled in any month so long as it is not
consecutive to another custodial week. For purposes of summer school recess, a week of
custody shall be nine (9) consecutive days to begin on a Friday to the following Saturday.
The parties are to provide each other with written notice of their intended vacation weeks no
later than May 1st of each year. In the event that the parties have scheduled conflicting or
overlapping vacation plans, the party first providing written notice shall have choice of
vacation.
7. Holidavs. The holiday schedule shall take precedence over the regular
schedule and the vacation schedule as follows:
A. Christmas. Father shall have partial custody each year from
December 24th at 9:00 a.m. through Midnight and Christmas Day at 3:00 p.m.
through December 28th at 9:00 p.m. Mother shall have custody Christmas Day
at 12:01 a.m. through 3:00 p.m.
B. Thanksaivina. Mother shall always have custody of the children
on Thanksgiving Day until 3:00 p.m. Father shall always have custody of the
children on Thanksgiving Day from 3:00 p.m. to 9:00 p.m.
C. New Year's. Father shall have the option of having the children
on either New Year's Eve or New Year's Day. Father shall inform Mother each
year no later than December 1st, which day he would like to have the children.
On both days, the period of custody shall commence at 9:00 a.m. and end the
following day at 9:00 a.m.
NO. 04-6233 CIVIL TERM
D. Other Holidavs. In odd-numbered years, Mother shall have
custody for Easter break and Independence Day and Father shall have
custody for Memorial Day and Labor Day. In even-numbered years, Father
shall have custody for Easter break and Independence Day and Mother shall
have custody for Memorial Day and Labor Day.
E. Mother's Dav I Father's Dav. Mother shall always have custody
for Mother's Day weekend. Father shall always have custody for Father's Day
weekend.
8. The parties are free to modify the terms of this Order by their mutual
agreement. Any long term major modifications to this Order shall be in writing, as an
agreement of the parties executed as a formal Stipulation. In the absence of a mutual
agreement regarding a modification of the Order, the Order shall control pending further
Order of Court.
BY THE COURT:
J.
Dis!: ..-r:indsay Gingrich Maclay, Esquire, 1029 Scenery Dr e, Harrisburg, PA 17109
fiian E. Rhoades, Jr., 54 Dilullo Road, Pennfield, PA 15849
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-6233 CIVIL TERM
LYNETTE J. RHOADES,
v.
CIVIL ACTION - LAW
BRIAN E. RHOADES, JR.,
IN CUSTODY
Defendant
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 THE CUSTODY OF
Brian E. Rhoades, III August 8,1992
Rebecca Kate Rhoades June 28, 1994
Mother
Mother
2. A Custody Conciliation Conference was held on February 17, 2005 following
Mother's filing of a Complaint for Custody on December 13, 2004. Present for the
conference were: the Mother, Lynette J. Rhoades, and her counsel, Lindsay Gingrich
Maclay, Esquire; the Father, Brian E. Rhoades, Jr., participated pro se.
a. The:rt;" ffi"h,' '" 'gffi~eot ;" the ~ eo 0"'" so """'ed.
c;2/~y//)s LJf ~ ~
Date Melissa Peel Greevy, Esquire
Custody Conciliator
:245610
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Brian E. Rhoades, Jr.,
Case No.: No. 04-6233 CIVIL TERM
Petitioner,
CIVIL ACTION - LAW IN CUSTODY
and
Lynette J. Rhoades,
Respondent
PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY
ORDER
The Petition of Brian E. Rhoades, Jr., respectfully represents:
1. That on March 10, 2005, Judge Kevin Hess entered an Order awarding
Petitioner partial custody of the minor children, Brian E. Rhoades III and
Rebecca Kate Rhoades.
A true and correct copy of the order is attached to this petition.
2. Respondent has willfully failed to abide by the order in that Lynette J.
Rhoades has failed to bring the children to the halfway point for the
Petitioner's periods of partial custody on:
Friday April 15, 2005
Friday June 10, 2005
Friday June 24, 2005
Respondent has failed to bring the children to the halfway point for the
holiday weekends for the Petitioner's periods of custody on:
Friday May 27, 2005 - Memorial Day weekend
Friday June 17, 2005 - Father's Day weekend
Respondent has not granted Petitioner the week 0:E custody which was to have
taken place in June, 2005. Since May 16, 2005, the Respondent has not
granted the Petitioner any of the legally prescribHd periods of partial
custody.
Respondent has not granted Petitioner the legal right to make decisions
regarding the children's well-being. Medical, rel:Lgious and other issues are
constantly decided without input or knowledge of the Petitioner. Brian
Rhoades III is being treated for a number of medical and mental issues
without any weight being given to Petitioner's legal right to be a part of
those decisions. The children are bHing involved i.n sports and activities
without knowledge or consent of the Petitioner.
The custody order states that neither party shall do or say anything to
estrange the other parent, injure the opinion of the children as to the other
parent, or hamper the development of the children's love and respect for the
other parent. The parties shall not discuss adult issues such as child
support with the other parent. The Respondent has willfully failed to abide
by this part of the order by informing the children of support and custody
issues._ The children were informed of support issues and were even told
dollar amounts. The children were told that they could not call the
Petitioner because not enough support was being paid to be able to afford
phone calls from home. Any calls the children are allowed to make to the
Petitioner are done on a heavily guarded basis on the Respondent's cellular
phone so that every word of Petitioner's private phone conversations are
moni tored by the Respondent. The Respondent used the children to inform her
of exactly when the Petitioner was bringing the children back to Cumberland
County on Sunday May 15th, 2005, so that the Petitioner's mother could call
the county and have the Petitioner arrested for contempt in front of the
children instead of waiting for the custodial change to take place.
Respondent did not allow the children to call the Petitioner after he was
released from prison, nor did she suitably inform the children as to the
Petitioner's well-being after the experience. Respondent and the Respondent's
family have on numerous occasions said things to the children in order to
estrange the children from the Petitioner.
WHEREFORE, Petitioner requests that Respondent be held in contempt of court.
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Brian E. Rhoades Jr. - Petitioner
I verify that the statements made in this complaint are true and correct. I
understand that false statements herein are made stiliject to the penalties of
18 Pa. C.S. " 4904 relating to unsworn falsification to authorities.
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Brian E. Rhoades Jr. - Petitioner
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Brian E. Rhoades, Jr.,
Case No.: No. 04-6233 CIVIL TERM
Petitioner,
CIVIL ACTION - LAW IN CUSTODY
and
Lynette J. Rhoades,
Respondent
PETITION FOR CIVIL CONTEMPT FOR DISOBEDIEliCE OF PARTIAL CUSTODY
ORDER
The Petition of Brian E. Rhoades, Jr., respectfully represents:
1. That on March 10, 2005, Judge Kevin Hess entered an Order awarding
Petitioner partial custody of the minor children, Brian E. Rhoades III and
Rebecca Kate Rhoades.
A true and correct copy of the order is attached to this petition.
2. Respondent has willfully failed to abide by the order in that Lynette J.
Rhoades has failed to bring the children to the haJ.fway point for the
Petitioner's periods of partial custody on:
Friday July 8, 2005
Since May 16, 2005, the Respondent has not granted the Petitioner any of
the legally prescribed periods of partial custody.
The custody order states the parties shall not use the children to
convey verbal messages to the other parent about the custody situation or
changes in the custodial schedule. The Respondent has willfully failed to
abide by this part of the order. On July 4, 2005, the Respondent used the
children to inform the Petitioner that she was taking the children to North
Carolina on July 8, 2005 without the written notice by May 1, 2005 as stated
in the custody agreement.
The Petitioner informed the Respondent that July
8, 2005 was his period of partial custody.
On July 8, 2005 the Petitioner did not receive his period of partial
custody. Upon calling the Respondent, the Petitioner was informed that the
children were in North Carolina and that the Petitioner could not talk to
them because they were not even with the Respondent. In short the children
were taken out of the Commonwealth of Pennsylvania, without consent of the
Petitioner, denying the Petitioner his period of partial custody.
The custody order also states that in the event that a parent is away
from home overnight with the children, that parent shall provide the other
parent with notice of their location, a telephone number where they can be
reached and information about the duration of their trip. The Petitioner was
not given any information about the trip. As of July 9, 2005 the Petitioner
is still not sure of the exact location and telephone number of the children,
or when they will be returning back to the Commonwealth of Pennsylvania.
WHEREFORE, Petitioner requests that Respondent be held in contempt of court.
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Brian E. Rhoades Jr. - Petitioner
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I verify that the statements made in this complaint are true and correct. I
understand that false statements herein are made subject to the penalties of
18 Pa. C.S. S 4904 relating to unsworn falsification to authorities.
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Brian E. Rhoades Jr.
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.. 04-6233 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
LYNETTE J. RHOADES,
v.
BRIAN E. RHOADES. JR.,
Defendant
QB2ER OF COURT
AND NOW. this ~_ day of March, 2005, upon consideration of the attached
Custody Conciliation Summary Report, it Is hereby ordered allld directed as follows:
1. Leaal Custody. The parties, Lynette J. Rhoacles and Brian E. Rhoades, Jr.,
shall have shared legal custody of the minor children, Brian !E. Rhoades, III, bom August 8,
1992. and Rebecca Kate Rhoades. bom June 28, 1994. Elich parent shall have an equal
right, to be exercised jolnUy 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 tenns of 23 Pa. C.
S. 55309, each parent shall be entitled to all records and information pertaining to the
children Including. but not limited to, medical, dental, re!llglous or school records, the
residence address of the children and of the other parent. To the extent one parent has
possession of any such records or Infonnatlon, that parent shall be required to share the
same, or copies thenlof, with the other parent within such f11t880nable time as to make the
records and infonnatlon of reasonable use to the other parent.
2. Phvsical Custodv. Mother shaH have primalry physical custody subject to
Father's rights of partial custody which shaH be arranged as follows:
A. Effective March 4. 2005. on alternating 'weekends from Friday at
7:45 p.m. until Sunday at 9;00 p.m.
3. Transoortatlon. Father shall provide all transpclrtatlon incident to the custodial
exchange until such time as Mother's physician releases her to drive. After Mother is
medically permitted to drive, Mother and Father shall meet half way for the custodial
exchange on Friday evenings and Father shall provide the transportation on Sunday
evenings, unless the parties agree otherwise.
4. Neither party sha. do or say anything which may estrange the children from
the other parant, injure the opinion of the childran as to the llther parent, or hamper the free
and natural development of the chHdren's love and respElCt for the other parent. Each
parent shall ensure that third parties al80 comply with this pf1ovision during his or her periods
of custody. The parties shall not discuss adult issues llUch as child support and the
NO. 04-6233 CIVIL TERM
custodial arrangement with the children. The parties shall not use the children to convey
verbal messages to the other parent about the custody sltua'tion or changes in the custodial
schedule.
5. In the event a parent Is away from home overnight with the children, that
parent shall provide the other parent with notice of their 10Ci!ltion, telephone number where
they can be reached, and Information regarding the duration ,of the trip.
6. Summer. Each parent shall be entitled to four (4) weeks of custody during the
summer school recess. Father's weeks of custody shall be arranged non-consecutively.
Father shall have one (1) week of custody to occur in June" one (1) week In July, and one
(1) week in August. The fourth week may be scheduled in any month so long as it is not
consecutive to another custodial week. For purposes of sulmmer school recess, a week of
custody shall be nine (9) consecutive days to begin on a Friday to the foRowing Saturday.
The parties are to provide each other with written notice of their Intended vacation weeks no
later than May 101 of each year. In the event that the parties have scheduled conflicting or
overlapping vacation plans, the party first providing writtEtn notice shall have choice of
vacation.
7. HoIidavs. The holiday schedule shall take precedence over the regular
schedule and the vacetlon schedule as follows:
A. ~bmmnas. Father shall have partial custody each year from
December 24 at 9:00 a.m. through Midnight and Christmas Day at 3:00 p.m.
through December 28" at 9:00 p.m. Mother shall hall'e custody Christmas Day
at 12:01 a.m. through 3:00 p.m.
B. ThanksaMna. Mother shall always hall'e custody of the children
on Thanksgiving Day until 3:00 p.m. Father shall ah"ays have custody of the
children on Thanksgiving Day from 3:00 p.m. to 9:00 p.m.
C. New Year's. Father shall have the option of having the children
on either New Year's Eve or New Year's Day. Father shall inform Mother each
year no later than December 1"1, which day he would like to have the children.
On both days, the period of custody shall commence at 9:00 a.m. and end the
following day at 9:00 8.m.
NO. 04-6233 CIVIL TERM
D. Other HoIldavs. In odd-numbered YEl8rs, Mother shall have
custody for Easter break and Independence Day and Father shaD have
custody for Memorial Day and Labor Day. In even..numbered years, Father
shall have custody for Easter break and Independence Day and Mother shall
have custody for Memorial Day and Labor Day.
E. Mother's Dav I Father's Dav. Mother shall always have custody
for Mother's Day weekend. Father shall always have custody for Father's Day
weekend.
8, The parties are free to modify the terms ,of this Order by their mutual
agreement. Any long term major modifications to this Order shall be in writing, as an
agreement of the parties executed as a tonnal Stipulatiol'll. In the absence of a mutual
agreement regarding a modification of the Order, the Ord,!lt shan control pending further
Order of Court.
BY THE COURT:
J.
Di81: L1nd88y Gingrich Maclay, &quinl, 1029 Scenery DrIve, Harrillburg. PA 17109
Brian E. Rhoades, Jr., 54 Dftulo Road, Pennlleld, PA 15849
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BRIAN E. RHOADES, JR.
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
04-6233 CIVIL ACTION LAW
LYNETTEJ.RHOADES
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, July 13, 2005
, upon consid.:ration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before MeUssa P. Greevy, Esq. , the conciliator,
at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, Aueust 19, 2005 at 9:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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 penn anent 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 hearine.
FOR THE COURT.
By: /s/
Melissa P. Greevy, Esq,
Custody Conciliator
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The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For infonnation 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) 249-3 166
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LYNETTE J. RHOADES,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 04-6233 CIVIL TERM
v.
BRIAN E. RHOADES, JR.,
CIVIL ACTION - LAW
IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this 15th day of September, 2005, the Pre-Hearing Custody
Conference previously scheduled for August 19, 2005 is continued. It is hereby directed
that the parties and their respective counsel appear before Melissa Peel Greevy,
Esquire, the Conciliator, at 1901 State Street, Camp Hill, Pennsylvania 17011 on the
6th day of October, 2005 at 1 :00 p.m. for a Custody Conciliation Conference. At such
Conference, an effort will be made to resolve the issues in dispute; or if this cannot be
accomplished, to define and narrow the issues to be heard by the court, and to enter a
temporary order. Failure to appear at the conference may provide grounds for entry of
a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing
Protection from Abuse Orders, Special Relief Orders and Custody Orders to the
Conciliator 48 hours prior to scheduled hearing.
B . 'b;
elissa Peel Greevy, Esquire
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities 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. 'tF-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
Dist: Lindsay Gingrich Maclay, Esquire, 1029 Scenery Drive. Harrisburg, PA 17109
Brian E. Rhoades, Jr., 54 Dilullo Road, Penfield, PA 15849
Lynette J. Rhoades, 17 Sharon Road, Enola, PA 17025
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JRECEIVEC' S,:p 2 0 ?ryQ~
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-6233 CIVIL TERM
LYNETTE J. RHOADES,
v.
CIVIL ACTION - LAW
BRIAN E. RHOADES, JR.,
IN CUSTODY
Defendant
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 THE CUSTODY OF
Brian E. Rhoades, III August 8, 1992
Rebecca Kate Rhoades June 28, 1994
Mother
Mother
2. Father filed a Petition for Civil Contempt of a Custody Order on July 8,
2005 and July 11, 2005. The last Order in this matter was March 10, 2005. Father
appeared for the Custody Conciliation Conference scheduled for August 19, 2005.
Mother did not appear. Mother's counsel did not appear on her behalf. Father filed his
pleadings pro se. Unfortunately, he was not able to demonstrate proof of service of the
Order and Petitions. Accordingly, the Custody Conciliation Conference has been
continued and the Order is provided to Mother's counsel of record and to Father in order
to effect proper service. Father was directed to consult with his local bar association for
g";~oe OJ;;.'hO'' of <eN;oe of p~ jJ/~ ..
/ ~ Melissa Peel Greevy, Esquire
Custody Conciliator
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RECE '0
OCT 2 0 L005rf~
IN THE COURT OF CO .N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-6233 CIVIL TERM
LYNETTE J. RHOADES,
v.
CIVIL ACTION - LAW
BRIAN E. RHOADES, JR.,
IN CUSTODY
Defendant
HESS, J. ---
ORDER OF COURT
AND NOW, this 2-/ day of October, 2005, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. LeQal Custody. The parties, Lynette J. Rhoades and Brian E. Rhoades, Jr.,
shall have shared legal custody of the minor children, Brian E. Rhoades, III, born August 8,
1992, and Rebecca Kate Rhoades, born June 28, 1994. 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. 95309, 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 of 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.
2. The Mother shall be authorized to enroll the children in psychological care as
recommended by the family physician without the necessity of Father's signature on the
authorization for treatment. Should Father fail to participate with Mother in discussion of
decisions related to legal custody, Mother shall be authorized to make the final decision,
subject to review by this Court.
3. Physical Custody. Mother shall have primary physical custody subject to
Father's rights of partial custody which shall be arranged as follows:
A. Effective October 24, 2005, Father will call Mother by 9:00 p.m.
on the Monday's preceding his custodial weekend to confirm that he will be
meeting her for the custodial exchange. Father's next custodial weekend shall
commence October 28, 2005.
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NO. 04-6233 CIVIL TERM
4. Transportation. Mother and Father shall meet half way for the custodial
exchange on Friday evenings and Father shall provide the transportation on Sunday
evenings, unless the parties agree otherwise. Mother shall have the duty to call Father
when she is leaving her home with the children for travel to the parties' meeting point
outside of Centre Hall at a local convenience store. Mother's duty to contact Father prior to
leaving and to meeting Father half way on Friday evenings is contingent upon Father's
confirmation as provided in Paragraph 3 above.
5. Neither party shall do or say anything which may 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. Each
parent shall ensure that third parties also comply with this provision during his or her periods
of custody. The parties shall not discuss adult issues such as child support and the
custodial arrangement with the children. The parties shall not use the children to convey
verbal messages to the other parent about the custody situation or changes in the custodial
schedule. Custodial arrangements and confirmations regarding Father's exercising of his
periods of custody shall be made directly between Mother and Father.
6. In the event a parent is away from home overnight with the children, that
parent shall provide the other parent with notice of their location, telephone number where
they can be reached, and information regarding the duration of the trip.
7. Summer. Each parent shall be entitled to four (4) weeks of custody during the
summer school recess. Father's weeks of custody shall be arranged non-consecutively.
Father shall have one (1) week of custody to occur in June, one (1) week in July, and one
(1) week in August. The fourth week may be scheduled in any month so long as it is not
consecutive to another custodial week. For purposes of summer school recess, a week of
custody shall be nine (9) consecutive days to begin on a Friday to the following Saturday.
The parties are to provide each other with written notice of their intended vacation weeks no
later than May 15t of each year. In the event that the parties have scheduled conflicting or
overlapping vacation plans, the party first providing written notice shall have choice of
vacation.
8. Holidavs. The holiday schedule shall take precedence over the regular
schedule and the vacation schedule as follows:
A. Christmas. Father shall have partial custody each year from
December 24th at 9:00 a.m. through Midnight and Christmas Day at 3:00 p.m.
through December 28th at 9:00 p.m. Mother shall have custody Christmas Day
at 12:01 a.m. through 3:00 p.m.
NO. 04-6233 CIVIL TERM
B. Thanksqivinq. Mother shall always have custody of the children
on Thanksgiving Day until 3:00 p.m. Father shall always have custody of the
children on Thanksgiving Day from 3:00 p.m. to 9:00 p.m.
C. New Year's. Father shall have the option of having the children
on either New Year's Eve or New Year's Day. Father shall inform Mother each
year no later than December 1st, which day he would like to have the children.
On both days, the period of custody shall commence at 9:00 a.m. and end the
following day at 9:00 a.m.
D. Other Holidays. In odd-numbered years, Mother shall have
custody for Easter break and Independence Day and Father shall have
custody for Memorial Day and Labor Day. In even-numbered years, Father
shall have custody for Easter break and Independence Day and Mother shall
have custody for Memorial Day and Labor Day.
E. Mother's Day / Father's Day. Mother shall always have custody
for Mother's Day weekend. Father shall always have custody for Father's Day
weekend.
9. The parties are free to modify the terms of this Order by their mutual
agreement. Any long term major modifications to this Order shall be in writing, as an
agreement of the parties executed as a formal Stipulation. In the absence of a mutual
agreement regarding a modification of the Order, the Order shall control pending further
Order of Court.
BY THE COURT: !
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Dist: ~say Gingrich Maclay, Esquire, 1029 Scenery rive, Harrisburg, PA 17109
~n E. ~ JL, 54 o;lullo Road, Penf..ld, PA 15849
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Plaintiff
RECEIV]~D
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IN THE COURT OF COMMoN iJLtA:sor=': -I
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-6233 CIVIL TERM
LYNETTE J. RHOADES,
v.
CIVIL ACTION - LAW
BRIAN E. RHOADES, JR.,
IN CUSTODY
Defendant
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 THE CUSTODY OF
Brian E. Rhoades, III August 8, 1992
Rebecca Kate Rhoades June 28, 1994
Mother
Mother
2. Father filed a Petition for Civil Contempt for Disobedience of Partial Custody
Order on July 8, 2005. He also filed a similar Petition on July 11, 2005. A Custody
Conciliation Conference was scheduled for August 19, 2005. Father appeared at this
Conference. Mother did not. Father had not affected proper service. A Conciliation Report
of September 14, 2005 was filed and the matter was rescheduled for October 6, 2005.
Father sought a continuance of the October 6, 2005 date based on difficulty getting off work.
Mother objected to the continuance because she had arranged for time off from work which
was difficult to do with her employer and because there were issues very important to her
which she believed needed to be addressed promptly. Specifically, Mother was concerned
that Father was not signing consent forms for her to be able to have the children receive
psychological counseling which had been recommended. In a telephone conference, the
parties agreed to a new date which they could each attend, October 14, 2005 at 3:00 p.m.
Father also agreed to sign a permission form for the children to receive an evaluation at
Guidance Associates. Father was to provide the signed permission form no later than
October 3, 2005. Father did not do so. At approximately 4:00 p.m. on October 12, 2005,
Father faxed an urgent request for continuance of the October 14, 2005 Conciliation which
he had previously indicated he could attend. Father's request for continuance was denied.
He did not appear at the Conciliation on October 14, 2005. Neither did Father participate by
telephone as he had apparently done recently in a domestic relations matter.
NO. 04-6233 CIVIL TERM
3. Father's position on custody is as follows: Father's position is that Mother has
willfully failed to abide by the Order for failing to bring the children for his periods of partial
custody and holiday periods of custody. Additionally, Father alleges that Mother has failed
to include him in decisions involving legal custody, and alleges that Mother has spoken with
the children regarding the details of adult issues such as child support and custody. Father
also complained that he was arrested in the presence of the children. In his second
Petition, Father further complains that the children were taken out of Pennsylvania without
his consent during his custodial time. Father's complaints appear in greater detail in his
pleadings which were filed on the dates referenced above. In his prayer for relief, Father
requested that Mother be held in contempt of court. Because he did not appear for the
Conciliation Conference which he had requested and twice requested to continue, the
information of his position is limited to that which was contained in Father's pleadings.
Father objects to the children being seen at Guidance Associates but offers no basis
for his objection to this provider. Father's correspondence to the Conciliator indicates that
Mother is free to have the children treated by another doctor or by one which the Court
would appoint.
4. Mother's position on custody is as follows: Mother reports that she would
have filed a Petition for Modification of the Order but did not do so due to financial
constraints and because Father had filed resulting in the Conciliation being scheduled.
Mother reports that Father will not accept e-mail or talk with her via the telephone. She is
concerned that Father is not seeing the children and that her son in particular is very angry
with his Father. Mother would like to have the children participate in counseling. Mother
reports the parties began to have conflicts with regard to transportation which resulted at
one point in Father indicating that she should not bring the children to him as had been
provided in the Order. Mother also relates that Father does not give the parties' son his
medication during his custodial weekends. At Father's request, Mother discontinued giving
the parties' son his medication. He failed two marking periods in school after that occurred.
Mother noted that the parties had modified their practice under the present custodial
Order by establishing a plan where Father would call her on Wednesday or Thursday
evenings preceding his custodial weekend to confirm that he would be having the children
for that weekend. In turn, Mother would contact him before she left her residence for the
designated meeting point. This was helpful in minimizing waiting time for the children at the
meeting point. Unfortunately, in late Spring, Father was apparently arrested at his mother's
residence when he brought the children back into the area at the conclusion of a custodial
weekend. The arrest was apparently the result of past due child support. After the arrest,
Father stopped contacting Mother to confirm custodial time with the children. Mother
reports that he will no longer speak with her and did not see the children from May 22, 2005
until August of 2005. She provided copies of some of the e-mails which she has sent to
Father. With regard to the allegation that Mother is discussing the child support with the
children, Mother reports that the parties' son, who is 13 years old, figured out that this must
have been a problem when Father was unemployed and Mother started having to say no to
NO. 04-6233 CIVIL TERM
extras when she could not afford things for the children. Mother reports that as a result of
Father's failure to meet obligations for debts under the Marital Settlement Agreement and
failure to pay child support, her mortgage became in default and the children had to receive
reduced fee lunches through school.
Mother further reports the children have told her that when they use Father's cell
phone to call her that the number listed on the telephone says "ex-bitch." Mother has
attempted to notify Father with regard to school conferences and soccer schedules.
However, he does not always open his e-mails from her. Additionally, Mother's e-mail was
shut down because Father did not pay the bills that he was obligated to pay under the
Settlement Agreement. She has now managed to restore her e-mail account.
Just before school was dismissed for the 2004-2005 school year, the parties' son had
an emotional outburst in which he threatened to hurt himself or someone else. At her
physician's direction, Mother contacted Crisis Intervention. It was recommended the child
begin outpatient therapy. Mother would like the children to return to Guidance Associates in
Camp Hill. The reasons for her preference to take the children to this particular practice are
(1) that they have early morning appointments that minimize the amount of time the children
must miss school; (2) the parties' son saw a therapist there when he was in third grade with
whom Mother believes the child has a good therapeutic bond; (3) the practice participants in
the CHIP Health Insurance Program; (4) the referral to this practice was made by the
children's family physician; and (5) the practice is conveniently located to Mother's home
and the children's school.
Mother would like the children to see Father on a regular basis. She continues to be
willing to drive half way to meet Father on Friday evenings of custodial exchanges. She is
also very concerned about the children's emotional well-being and the level of anger which
the parties' son is demonstrating toward the Father. She is concerned because the
daughter is now expressing a wish to not go along on visits with Father unless her brother is
present as well. Mother reports that Father contacted the children the night prior to the
Conference to say that he was not coming to the Conference.
5. Conciliator's Recommendations: It is unfortunate that the children are not
seeing Father on a regular basis since his relocation from Cumberland County to Penfield,
Pennsylvania approximately two and a half to three hours away. It seems that the parties
had a previous arrangement, which had worked for them, involving telephone confirmation
of each upcoming custodial period for Father, followed by a telephone call from Mother to
Father letting him know her departure time on Friday evening. The Friday evening meeting
point had the effect of getting the children to Father's residence at an early time than if
Father had to provide all of the transportation after work on Friday evenings. The
Conciliator recommends an Order in the form as attached. The modified Order provides
NO. 04-6233 CIVIL TERM
that the parties return to a plan in which Father confirms his participation in a custodial
weekend prior to Mother engaging in the endeavor of meeting him half way on Friday
nights. The Conciliator's recommendation provides a lengthier notice period so that the
children do not wait until the last minute to know whether they can participate in social
events and other weekend activities if Father is not going to use his custodial time.
The Conciliator further recommends that Mother be given primary legal custody of
the children and the authority to sign authorizations for treatment for both children at
Guidance Associates as we have been given no valid reason why this would not be an
acceptable treatment provider for Mother to choose in order to exercise her benefits through
CHIP, minimize the children missing time from school, and take advantage of a previous
therapeutic bond between the parties' son and his former therapist. Father should be
strongly encouraged to participate with the therapy in order to address whatever concerns
may lie within the relationship between Father and the children and in order to allow Father
to be aware of any special parent needs the children may have.
U1vQ~&~
Melissa Peel Greevy, squire
Custody Conciliator
/0 II vI ()~
Date
:261086