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Home My WebLink About94-02789 j ~ \ \ \ I ) ( jl -I ~.~I 01 i ! , 0-] 00 C- <1S RICHARD J. BEISHLINE, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. I CYNTHIA RHOADES, I CIVIL ACTION - LAW Defendant I CUSTODY COMPLAINT FOR CUSTODY 1, The Plaintiff is Riohard J. Beishline, residing at 2002 Spruoe Hills Drive, Glen Gardner, NJ 08826. 2. The Defendant is Cynthia Rhoades, residing at 2600 S. Market street, Bowmansdale, Pennsylvania 17008. 3. Plaintiff seeks custody of the following children I liAIIl!! Nicholas J. Beishline Present Residence A!Lll 2600 S. Market Street Bowmansdale, PA 17008 10 yrs. Zachary J. Beishline 2600 S. Market Street Bowmansdale, PA 17008 The children wsre not born out of wedlock. 9 yrs. The children are presently in the custody of Cynthia Rhoades who resides at 2600 S. Market Street, Bowmansdale, PA 17008. During the past five years, the children have resided with the following psrsons and at the following addresoesl Liftt All Persons Richard J. Beishline List All Addresses 119 Gettysburg St. Dillsburg, PA Dillsburg Heights Apt. Dillsburg, PA Datss 1987 - Aug. 1991 23 Aug. 91 to June 1993 Cynthia Beishline-Rhoades 119 Gettysburg St. Harrisburg, PA 17104 Dillsburg Heights Apt. Dillsburg, PA 1987 - Aug. 1991 23 Aug. 91 to June 1993 have cu~tody or visitation rights with rsspsct to the childrsn. 7. The best intsrsst ann permanent welfare of the children will bs served by granting the relief requested because the mother is uncooperative in granting the father visitation righte pursuant to the settlement agreement entered by the parties. The children desire regular, ongoing visitation with their father of which they are currently being deprivedJ the father also desires reasonable telephone contact with the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children 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 have been given notice of the pendency of this action and the right to intervene I liAIll!! Address Basis of Claim None. WHEREFORE, Plaintiff requests the court to grant custody of the children to him. Respectfully submitted, MIRIN & JACOBSON DATED I Mav 23. 1994 Byr1u.Q~ M. Peter Harer Attorney 1.0. 865604 Attorney for Plaintiff 8150 Derry street Harrisburg, PA 17111 (717) 561-1515 beiscust.cpl RICHARD J. BBISHLINB, . IN THB COURT OF COMMON PLBAS Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA I v. I NO. I CYNTHIA RHOADBS, I CIVIL ACTION - LAW Defendant I CUSTODY CERTIFICATE OF SERVICB I, M. Peter Harer of the law firm of Mirin & Jacobson, do certify that a ccpy of the foregoing Custody Complaint and Order of Court were this day served upon the following person in the manner indicated. CERTIFIED MAIL cynthia Rhoadee 2600 S. Market street Bowmanedale, PA 17008 DATBDI May 24. 1994 ~.I1 ~ M. Peter Harer ... 14<~~~...."t..,,,,.,...;,..,...~.; . ,'.~,.,.' .~ "....,j".,.,.,. ,'-p.."'- ,'.,_,,,"'-,,,'.'r,"',....~,.'?e.;*<-.~-'.:."':;;,,"'!.,'"""-f,~-','",.,+'ff';\".~r't,:;-(~._;'f."'_:Wr.<l"I"~~~M'\:- . A~' C~) H^y ZJ 8 21 ~H '9~ 't i11LI I .' IIU~',l \,,\ r.UMll j', P (',f' 'll t . t ;,;1\ ':1" ',,\it'A Lro JV f ~5-~'? C/l. h1. ;)1 f1 /0 ' 7 yO '~;"",;.. ::'ce"'.""'';':'''';;':;': ; _co"~, ',t' ;-<.:.~,';_,;,."",'~.",".."_"' *'"n," ";~' '__..h_ ~ "'.......,..'-.",...o<,c...;.;....,'."""".",,,..c,,..,.._".'..: ,. . f' .. (I , , .. , . ... .s. i .,....-. " I". ..... ~ .~ I.' I I I JUL 22 199* Jiv. RICH/lRD J. BBISHLINE, I IN THE COURT OF COMMON Plaintiff I PLEAS OF CUMBERLAND I COUNTY, PENNSYLVANIA vs. I I NO. 94-27B9 CIVIL TERM CYNTHIA RHOADES, I Defendant I CUSTODY ORDRR AND NOli, this 2$ t~ day of :r..l \., , 1994, upon reeeipt of the conciliator's report, It appearing that the parties agreed to the terms of this order which was dictated in their presence and approved by them and their counsel, we hereby order as follows: I. The parties shall share legal custody of their minor children, Nicholas J. Belshllae, born December 24, 1983, and Zachary J. Belshllne, born March 20, 1985. 2. Primary physical custody of the said minor children shall remain with their mother, the Defendant, Cynthia Rhoades. 3. 1~e father of the children, the Plaintiff, Richard J. Beishline, shall have and enjoy the following periods of temporary or partial custody of both children: A. Every othcr weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m., commencing on Friday, July 15, 1994. B. A period of two (2) weeks each summer while the children are out of school, which period shall be exercised by the father giving the mother at least thirty (30) days advance notice, In writing, of his two week period. In addition, the mother shall have .1 period 01 two (2) weeks each summer when " , I the boys are with her, uninterrupted by any period 01 t~~pdrary custody with the father, on the same condition t.hat the mother provide the father with thirty (30) days advance wr! llen notle!! of h!!r two w!!ek period. , RICHARD J. BEIBHLINE, ) IN TilE COURT O~' COMMON Plaintl ff ) PLEAB OF CUMBERLAND ) COUNTY, PENNBYLVANIA VS. ) ) NO. 94-2789 CIVIL TERM ! ,CYNTllIA RIlOADEB, ) Ilefendant I CU8TODY JUDGE PREVIOUBLY ABBIGNEDl None COff!;.I t.1 M'OR CONJ1IlRllti~!L!!~HI!~I!Y~..!gPOJ!T IN ACCORDANCE WITIl CUMIlERI,AND COUNTY RUI,E OF CIVIL ('ROCEIlURE I915.3-8(bl, 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 11IRTI!JlATE CURRENTLY IN !;!JJ1TQn~LQ!:: Nicholas J. Deishliae Zachary J. Beishline 24 December 1983 20 March 1985 llefendant/Mother llefendant/Mother 2. A Conciliation Conference was held on ./ JUly 1994 and the following ,individuals were present: the Plaintiff and his attorney, M. Peter Ilarer, Esquire; the Defendant and her attorney, Jaae M. Alexander, Esquire. 3. With a good deal of time with their counsel, the parties were able to reach an agreement which resolved all ol the illsues in the case, at leallt for the time being. . With the entry of the enclosed order, which was dictated in the prellence of and approved by the partiell and tholr counllel, no further aclion is necellllary. 21 July 1994 8amuo L. Andes CUlltody Conei Ihlllr RICIIARD iI. BEIBIILINE, ) IN THB COURT OF COMMON Plaintiff ) pLBAB OF CUHBBRLAND ) COUNTY, PENNSYLVANIA Vs. ~ NO. 94~2789 CIVIl, TERM CYNTIlIA RIIOADES, ) Defendant ) CU8TODY ORDER AND NOll, this day of , 1994, upon reeeipt of the conciliator's report, it appearing that the parties agreed to the terms of this order which was dictated in their presence and approved by them and their counsel, we hereby order as [allows: 1. The parties shall share legal eustody at their minor children, Nicholas J. Beishllne, born December 24, 1983, and Zachary J. Beishllne, born March 20, 1985. 2. Primary physical custody o[ the said minor children shall remain with their mother, the De[endant, Cynthia Rhoades. 3. The [ather of the children, the Plaintiff, Richard J. 8eishllne, shall have and enjoy the [allowing periods 01 temporary or partial custody o[ both children: A. Every otl\l!r weekend from Friday at 1:00 p.m. until Sunday at 1:00 p.m., commencing on Friday, July 15. 1994. 8. A period 01 two (2) weeks each summer while the children arc out 01 school, which period shall be exercised by the father giving the mother at least thirty (30) days advance notice, in writing, o[ hin two week period. In addi tion, the mother shall have a period o[ two (2) weekn eaeh nummer when the boys arc with her, uninterrupted by any period of temporary cuntody with the lather, on the same condilion that the mother provide the lather wilh thirty (30) days advance IIrillen notic!! of her tllO week period. II . I' ,[ 'I 'I ,I C. The following holidays, on an alternating basis, from 9100 a.m. until 7:00 p.m.: [,abor Day, Thanksgiving Day, New Year's Day, Hemodal Day, and July Fourth. In the event that the father's scheduled holiday falls adjacent to one of h16 scheduled weekends, his weekend sholl expand overnight Ii ,[ into the holiday. D. Christmas every year from 4:00 p.m. on December 25th until 7:00 p.m. on December 28th. E. The holiday provisions of this schedule shall prevail whcrever they are inconsistent with any of the other provisions. 4. The parties shall consult with a psycholog16t or other counselor selected by their counsel for purposcs of the children meeting with and working with the counselor I to help the childrcn adapt to th16 custody schedulc and the relationShip between the parcnts. The parties shall both cooperate with the counselor so that the children have at least three sessions with that counselor as soon as reasonably possible. The parties will share the cost of the counseling as they may agree. By the Court, J. H. Peter lIarer, Esquire Attorney for Plaintiff Jane H. Alexander, Bsquire Attorney for Defendant sla 2 l ... ~ 5EV \U \U W:," '9S ,~; tn' iH;h ',\h't '><tr,f, il'l , ;' 'f . I , \ , . .. . - - ~- . RICHARD J. BEISHLINE, I IN THE COURT OF COMMON PLEAS I CUMBERLAND CO., PENNSYLVANIA Plaintiff I I NO. 94-2789 CIVIL TERM v. I I CYNTHIA RHOADES, I I Defendant I CUSTODY PETITION TO MODIFY CUSTODY AND NOW, this 11th day of September, 1995, comes the Plaintiff, Richard J. BeiBhline, by and through hiB attorney, Joseph J. Dixon, Esquire, who respectfully avers as followsl 1. The Petitioner iB Plaintiff, Richard J. BeiBhline, an adult individual who resides at 5451 Lancaster street, Harrisburg, Dauphin County, Pennsylvania, 17111. 2. The Respondent is Defendant, Cynthia Rhoades, an adult individual who resideB at 2600 South Market Street, Bowmansdale, Cumberland County, Pennsylvania, 17008. 3. The Petitioner and Respondent are the natural father and mother of the minor children, Nicholas J. Beishline , born December 24, 1993, and Zachary J. Deishline, born March 20, 1995. 4. On July 25, 1994, the lIonorable J. Wesley Oler, Jr. signed the attached Court Order which set forth the partieB' legal rights concerning joint legal custody and temporary custody for purposes of viBitation. 5. Since the time of the Court Order, the Petitioner has relocated to Harrisburg from New Jersey and would like to modify the Court Order to take into account the change in hls location. 6. Since the time of the prior Court Order, the Petitioner bA'Jan a new job which affects the times he could be available to be with his children. 7. Your Petitioner would like to modify his visitation schedule so that he could spend time with his children every Sunday and on Wednesday evenings. Your Petitioner is required to work on Saturdays. In addition, your Petitioner would like to have regular telephone contact with the children. This contact was provided for in the prior Court Order, but has been denied by the Respondent. 8. Since the Petitioner has returned to the Harrisburg area and broached the topic of modified visitation with the children with the Respondent, the Respondent has taken all possible steps to thwart or prevent the Petitioner from having regular contact with the children. 9. Your Petitioner was scheduled to have a regular scheduled visitation on Labor Day Monday, September 4, 1995, in accordance with Judge Oler's Court Order. IO. On said date, the Respondent refused to allow the children to visit with their father. 2 YJ1!JlllliM!QN I verify that the statements made in thi~ Pntitinn ara truA aurl corract. I uuderstand that false statements herein are mada subject to the penalty of 18 Pa. C.S. S4904, relating to unaworn fn1RlfJcnl:ion to nuthorl.Ues. DA'I'EDI September 11, 1995 ~('11!(L j ~aI-4 --- / I II I I I RICHARD J. BBIBHLINB, Plaintiff I; I. " " JUL 2 2 199~ ~~ t~(P)1f VI. ) f ) ) ) IN THB COURT OF COHHON PLEAS OF CUHBERLAND COUNTY, PENNSYLVANIA NO. 94-2789 CIVIL TERH CUSTODY CYNTHIA RHOADES, Defeadant 0II!Il IHD NOlI, thh eJ,SV-day of ~ , 1994, upon reeeipt of the conciliator'a report, it appearing that the partiel agreed to tbe ter.1 of tbi. order , 1. The partie. .hall Ihare legal cu.tody of tbeir .inor cbildren, Nicbolal J. Bei.bline, born Dece.ber 24, 1983, and Zacbary J. Beilbline, born Harch 20, 1985. ,I 2. Pri.ary pbYlical cUltody of tbe .aid .inor children .hall re.ain witb'tbeir " ~tber, tbe Defendant, Cyntbia Rhoedel. " II 3. Tbe fatber of tbe children, the Plaintiff, Ricbard J. Bei.bline, .ball bave and enjoy tbe following periodl of t..porary or partial cu.tody of botb cbildren: I, " , , A. Every other weekend fro. Friday at 7:00 p... until Bunday at 7:00 p..., c~eacing on Friday, July 15, 1994. B. ~ period of two (2) week. eacb Iw..er wbile tbe cbildren are out of lebool, whicb period Iball be exerciled by the father giving the ~tber at lealt tbirty (30) daYI advance notice, in writing, of bi. two week period. In addition, tbe ~tber Ihall have a period of two (2) weeka eecb lu..er when the bOYI are with her, uninterrupted by any period of t..porary cUltody witb the father, on tbe la.e condition that tbe .other provide tbe fatber witb thirty (30) daYI advance written notice of ber two week period. Ii .; 1 " ,I 'I I I C. The followlng holldaYl, on .a .ltern.tlng balls, froa 9100 .... until 1100 p...1 L.bor D.y, Th.nklglvlng Day, New Ye.r'l D.y, HelOrlal D.y, .nd July Fourth. In the event tb.t tbe f.ther's Icheduled hollday ralls I .dj.cent to one of hll Icheduled veekendl, hll veekend Ih.ll exp.nd o,ernlght I ~. .,'H ':~'f\~,fi.~;,;;;,~ii:~~r.,'i:i;~.;;-;;'i;;;;"'" .... ~ ....." "" ~tll ,," !'H~"l!il I 'P1,,!' ." ,," I I , ,\,~ :~ .J, t . I '., ' ,..[;. " I ;,., p... on Dee_er 2ltb. ;1 i ,I ! B. The holld.y pro,lllons of tbll Ic~edule Ih.ll prev.il wherever they .re lnconllltent wit~ .ny of tbe other provlllonl. 4. The p.rties Ih.ll conlult with. psychologist or other counlelor lelected by ';thelr eounlel for purpoles of tbe chlldren .eetlng wlth .od workiog with tbe counlelor lito help the chlldren .d.pt to thll cUltody schedule aod the relationlhlp between the , :parentl. The plrtlel Ihlll both eooperate wlth tbe couolelor 10 tblt the ehildren hive iat leaet three lelllool wltb thlt eOUDselor II loon II reesoolbly pOIslble. The .parties wlll Ih.re the COlt of the eounlellog .1 they .ay agree. By the Court, ~~"'I ,\ tlf"t.\. . " Iol'~ I 'I" II ~.l\' "1 1,>".1 ',,, i .llf' \ .1 , 'j~lI) Peter Harer, Blqul re !:' A\Wner for Plaiotiff 1 _p' .:" t, : I'....."' llnuder, Blqulre ~1~t~1 for Derelldut ~, ~':~i' v.i'- '. . !" [,' " -., '. ,\ I'''~' ' I ! "".", . "~l! I l)tl~:; ~h 'j . - h.~', . f,' i I , ~ Nil ~~ I..J1~. " Cjv . J. nUE r:C'?Y FROM RECORI) b T.!st ~,I'!1" \. h~r~nf. I inre unln '.I!t my hind :~j '~i II.:! jj :.;id ':eurl at Carlisle, Pa, ih" D15"lJL JJ~ ~f" ~, 19...1.,'f _'''_'~'d'Ccr, ~~.. .,off .Prothonotary {,: ':"'.'i,- .._~""''''~''~'~1\.' , ,-,,' .. .;,., ;._.'"_ '::".,..."....' ,...,'._,,'1'" J .<',;; ;i1 > ..1 "j; .... ~(.w' I .. _..,.._.,,,......,-.~......._,,...- SEP \Z 2 56 PK '95 Cf ';\ fC >,', fl(;t 1 . Oll~T 'I~Y ;PJ\{o'~'?ny 1s.,!...'pl1t. !l' , .. . , . - \ ;'-' .....-.. " f' \~ :'. J .' -.- t': o .... ,~., ,'J ,.. " L;: -- ~ 'H .jJ 'H ~ ...:l .I'l tl 11<0( 1J "d zl1<e -I: I: ~ ~~ ell o - 'H ~ N I ~~...:l ell ~11< Q Ul vi C$ I - .-'" Ul 13 II< ~ I'; B f:j8~ H ~ 0 r.l ~ .;adliE 3 rIl r.l I ~~~ 0 U . g] i I-) o r- ~ 0( I U~7>< H ~ ~ ~~ U 0( H !l: 11<0 RICHARD J. BEISHLlNE I IN THE COURT OF COMMON PLEAS Plaintiff I OF CUMBERLAND COUNTY, I PENNSYLVANIA VS. I I CIVIL ACTION. LAW CYNTHIA RHOADES I NO. 94.2789 CIVIL TERM Dafandant ) I IN DIVORCE ORDER AND NOW, this l~~ dey of~, 1996, upon conslderetlon of the atteched Custody Concilietlon Report, end heving dlcteted this Order In the presence of the parties and their counsel, end the pertles being In agreement, It Is ordered and directed es follows: 1. The Order of Court deted 26 July 1994 Is veceted. 2. The pertles shall shere legel custody of the minor children, Nicholas J. Beishllne, d.o.b. 24 Decembar 1983, end Zachary J. Belshllne, d.o.b. 20 Merch 1986. 3. Prlmery physical custody of the minor children shell remeln with their Mother, Defendant Cynthie Rhoedes. ~, 4. Fether, Plaintiff Richerd J. Belshllne, shall heve and enjoy the ( following periods of temporary or partial custody In accordance with the following schedule: ,. ,.u w, A. Beginning 7 October 1996 at 9:00 a.m. until Sunday, 8 October 1996 at 8: 16 p.m.; B, Mother will heve the children the weekend of 13 Ootober 1996; C. Father will have tha children on Sunday, 22 October 1996 from 9:00 e.m. until 8:16 p.m.; and D. Fether will have the children on Sunday 29 October 1996 from 9:00 a.m. until 8: 16 p.m. The schedule es Identified In Subparagraphs A, B, C, and D will then repeat Itself continuously over the course of each yaer. E. Every Wednesday evening beginning at 4: 16 p.m. until 8:16 p.m. 6. Father shall enjoy two weeks during the summer while the children are out of school. Father shsll provide Mother with at laast thirty (30) daye advance notice In writing of his two week period. In addition, Mother shall have a period of two weeks Bach summer when the children are with her, uninterrupted by any period of temporary custody with Father. 6. The parties will alternate the following holidays from 9:00 a.m. until 7:00 p.m.: Labor Day, Thanksgiving Day, Easter, Memorial Dey, end July 4th. Fether shall heve Thanksgiving In 1996 and the schedule will then alternate thereafter. 7. The Christmas holiday will ba split into saveral segments, those segments are as follows: A. 24 December from 8:00 e.m. until 8:00 p.m.; B. 26 December from 8:00 a.m. until 8:00 p.m.; C. 26 December from 8:00 a.m. until 28 December at 8:00 p.m.; and D. 29 Decamber from 8:00 a.m. until 31 December at 8:00 p.m. The parties will alternate these respective segments. In 1996, Mother will enjoy Segment A, from 24 December at 8:00 a.m. until 24 December at 8:00 p.m. as well as Segment C, from 26 December at 8:00 a.m. until 28 December at 8:00 p.m., while Father will enjoy Segment B, from 26 December at 8:00 a.m. until 26 December at 8:00 p.m., and Segment D, from 29 December at 8:00 a.m. until 31 December at 8:00 p.m. These segments will be alternated from year to year. 8. The holiday provisions of this schedule shall prevail whenever they are In consistent with any other provisions. RICHARD J. BEISHLlNE ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, ) PENNSYLVANIA vs. I I CIVIL ACTION, LAW CYNTHIA RHOADES I NO. 94-2789 CIVIL TERM Defendant I I IN DIVORCE JUDGE PREVIOUSLY ASSIGNED: The Honorable J. Wesley Oler, Jr. CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(bl, the undersigned Custody Conciliator submits tha following report: 1. The pertinent Information concerning the children who are the subject of this litigation ora as follows: NAME BIRTH DATE CURRENTLY IN CUSTODY OF Nicholas J. Belshllne Zachary J. Belshllne 24 December 1 983 20 March 1985 Dsfendont/Mother Defendant/Mother 2. A Conciliation Conferance was held on 12 October 1995, and the following Individuals wers present: the Plaintiff and his attorney, Joseph J. Dixon, Esquire. The Defendant appearad with her attorney, Jane M. Alexander, Esquire. 3. Items resolved by agreement: ses Order attached. 4. Issues yet to be resolved: see Order attached. 1