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HomeMy WebLinkAbout02-4282VICKI L. RHOADES, Plaintiff VS. JEFFREY L. RHOADES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- CIVIL TERM CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff, VICKI L. RHOADES, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Plaintiff is VICKI L. RHOADES, who resides at 828 Meadow Lane, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is JEFFREY L. RHOADES, who resides on weekends at 192 19~ Street, New Florence, Westmoreland County, Pennsylvania, and whose address during the week is unknown. However, Defendant maintains a post office box at P.O. Box 72, Fort Howard, Maryland 21052-0072, and is employed at Bethlehem Steel, Baltimore, Maryland. 3. Plaintiff and Defendant are married and are the parents of three children, JONATHAN J. RHOADES, born April 18, 1986, ZACHARY G. RHOADES, born June 27, 1988 and SARAH-ANNE RHOADES, born September 12, 1989. 4. The parties separated in June 2001, and the children have remained in Plaintiff's custody since that time, subject only to Defendant occasionally seeing them on Tuesday and Thursday after work. 5. The best interests and welfare of the minor children would be served by continuing primary physical and legal custody of the children with Plaintiff, subject to liberal partial custody with Defendant. 6. The minor children have resided at Plaintiff's residence, 828 Meadow Lane, Camp Hill, Cumberland County, since 1988. However, on Thursday, September 5, 2002, Defendant unilaterally removed the children from Plaintiff's custody, and has indicated that he will not return them to her, opting instead to enroll them in school in Westmoreland County, Pennsylvania. 7. Plaintiff does not have any information of any custody proceeding concerning said minor children in any court in Pennsylvania or any other State. 8. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor children in Pennsylvania or any other State. 9. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor children or who claims to have custody or visitation rights with respect to them. 10. Plaintiff is filing contemporaneously herewith a Petition for Emergency Relief Restoring Primary Custody, a copy of which is attached hereto and incorporated herein as Exhibit "A", in which she is asking for an Interim Order compelling the immediate return of the children to her. WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that primary physical and legal custody of the minor children, JONATHAN J. RHOADES, ZACHARY G. RHOADES and SARAH-ANNE RHOADES, continue to be placed with Plaintiff. DATE: September 9, 2002 MAX J. SMITH, JR.,'7'Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VICKI L. RHOADES, Plaintiff/Petitioner VS. JEFFREY L. RHOADES, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- q~ t.L CIVIL TERM CIVIL ACTION - LAW CUSTODY PETITION FOR EMERGENCY RELIEF RESTORING PRIMARY CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff/Petitioner, VICKI L. RHOADES, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following in support of her Petition for Emergency Relief: 1. Petitioner has filed contemporaneously herewith a Complaint for Custody wherein she is seeking primary legal and physical custody of JONATHAN J. RHOADES, bom April 18, 1986, ZACHARY G. RHOADES, bom June 27, 1988 and SARAH-ANNE RHOADES, born September 12, 1989. (See copy of Complaint for Custody marked Exhibit "A", attached hereto and made part hereof). 2. The parties separated in June 2001, and since that date have informally arranged custody between them, such that the children reside primarily with Petitioner in the former marital residence, located at 828 Meadow Lane, Camp Hill, Cumberland County, Pennsylvania. 3. There is a divorce action pending between the parties, docketed to No. 2002-2199, Court of Common Pleas of Cumberland County, Pennsylvania. 4. The two younger children, ages 12 and 11, have never resided anywhere other than Camp Hill, Cumberland County, Pennsylvania. The oldest child, age 16, was two (2) years old when the parties assumed residency at Petitioner's current address. 5. Respondent presently resides during weekends at his mother's residence, 197 19th Street, New Florence, Westmoreland County, Pennsylvania. During the week, Respondent works in Baltimore, Maryland, and his residence during the week is unknown, other than he has reported to Petitioner that he "lives out of his car." 6. Since the parties separated in June 2001, custody of the children has been arranged amicably between the parties, in that it was agreed that the children would remain with Petitioner. Respondent has had only intermittent contact with the children since June 2001, on Tuesday and/or Thursday evenings, not overnight. 7. The children have always attended school in the Cumberland Valley School District, where they have done well academically, behaviorally and socially. 8. The children are active in sports, scouts and other extra-curricular activities both in school, and outside of school. 9. On Thursday, September 5, 2002, without notice to Petitioner, Respondent removed the children from their Hampden Township residence and transported them to his weekend residence in New Florence, Westmoreland County, Pennsylvania. 10. When Petitioner spoke to the children on Friday, September 6, 2002, they reported that they would be brought home by Respondent on Sunday, September 8, 2002. 11. At approximately 2:15 p.m. on September 8, 2002, Respondent advised Petitioner that the children do not want to return home, and that he would be retaining custody of them, and would enroll them in school in Westmoreland County, Pennsylvania. 12. Petitioner inxmediately contacted her attorney when advised by Respondent that the children would not be returned to her custody. 13. Respondent has not permitted the children to speak with Petitioner since advising Petitioner that he would not be returning the children to her. 14. Virtually all of the children's belongings are at Petitioner's residence. 15. The children are presently enrolled in the Cumberland Valley School District, by agreement of the parties, and obviously will miss school for as long as Respondent keeps custody from Petitioner in western Pennsylvania. 16. The children are doing well in all respects, and it would be adverse to their best interests to remain in Rcspondent's custody any longer. 17. To the best of Petitioner's knowledge, Respondent has not filed any documents in any court asking that he be awarded custody of the children. 18. The status quo should remain with respect to the parties' current informal custody arrangements, pending further agreement of the parties or order of court. 19. There have been insufficient reasons given by Respondent to relocate, which fail to meet the established standards as set forth in Grnber v. Gruber, 400 Pa. Super. 174, 583 A.2d 434 (1990), and its progeny. 20. To avoid disruption to the children, it is imperative that Respondent be prevented from relocating the children pending further disposition of these proceedings. 21. Petitioner is eminently qualified and capable of caring for said children, and to provide for their daily needs, and in fact, has always been the primary caretaker of the children. WHEREFORE, Petitioner respectfully requests your Honorable Court to enter an Order confirming that custody of JONATHAN J. RHOADES, ZACHARY G. RHOADES and SARAH-ANNE RHOADES, shall remain with Petitioner, VICKI L. RHOADES, pending final disposition of the custody proceedings. Plaintiff further requests that Respondent, JEFFREY L. RHOADES, be prohibited from relocating the children from their Hampden Township, Cumberland County, residence pending further Order of Court, and that the children be immediately returned to Petitioner's custody. Respectfully submitted, DATE: September 9, 2002 ~J ~M~ M . ., squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition 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. VICKI L. RHOADE~ Exhibit A VICKI L. RHOADES V. JEFFREY L. RHOADES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4282 CIVIL TERM ORDER OF COURT AND NOW, this l0TM day of SEPTEMBER, 2002, a hearing on plaintiff/petitioner's Petition for Emergency Relief is scheduled for TItURSI)AY~ SEPTEMBER 12~ 2002~ at 2:00 p.m. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. Respondent is directed to have the children present at said heating. By t7 Edward E. Guido, J. Max Smith, Esquire For the Plaintiff Jeffrey L. Rhoades 102 19TM Street New Florence, Pa. 15944 :sld VICKI L. RHOADES PLAINTIFF JEFFREY L. RHOADES DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4282 CIVIL ACTION LAW : 1N CUSTODY : ORDER OF COURT AND NOW, Friday, September 13, 2002 , 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 Tuesday, October 15, 2002 at 10:30 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 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 l~rior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VICKI L. RHOADES, Plaintiff V, JEFFREY L. RHOADES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4282 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- TEMPORARY ORDER OF COURT AND NOW, this d~(~'~ day of ~ ~ ,2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Vicki L. Rhoades and Jeffrey L. Rhoades, shall have shared legal custody of the minor children, Jonathan J. Rhoades, born April 18, 1986, Zachary G. Rhoades, born June 27, 1988, and Sarah-Anne Rhoades, born September 12, 1989. All decisions affecting the children's growth and development including, but not limited to; choice of camp, if any; choice of day care provider; medical and dental treatments; psychotherapy, or like treatments; decisions relating to actual or potential litigation involving the children, directly or as beneficiary other than custody litigation; education, both secular and religious; scholastic, athletic pursuits and extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with a view toward obtaining and following harmonious policy in the children's best interest. 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 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and 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. Each parent shall keep the other informed of the progress of the children's education and social adjustments. Each parent shall not impair the other's right to share legal and physical custody of the children or impair their right to their physical custody of the children. Each parent shall give support to the other in their role as parent and to take into account consensus of the other for the physical and emotional well being of the children. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. NO. 02-4282 CIVIL TERM 2. Physical Custody. Mother shall have primary physical custody subject to Fathers right of partial custody arranged as follow: A. To commence on October 18, 2002, on alternate weekends from Friday at 4:30 p.m. until Sunday at 8:00 p.m. Each Tuesday and Thursday evening for a few hours. And at such other times as the parties may agree. 3. Father shall notify Mother as early as possible following his notice of any work conflicts which would make it such that he is not able to participate in his scheduled custodial time or would cause him to be late in commencing a custodial period. 4. Holidays. A. Thanksgiving. For Thanksgiving 2002, Mother shall have custody on Thanksgiving Day and Friday morning. Father will notify Mother of the time that he will be arriving to pick up the children for the Friday following Thanksgiving. It is acknowledged that Father may have time off work on the Friday following Thanksgiving and may therefore be available to pick up the children earlier than for a typical weekend visit. The parties will cooperate with each other to allow for this custodial weekend to occur early should Father be available at that time. B. Christmas. The parents shall make a plan to share the time that the children are off school for the Christmas holiday after talking with the children. The parents shall share the time i,n~uch a way as t~othprovide time to both parents to occur on either December 24 or December 25 . 5. Family Counseling. The parents shall contact Anthea Stebbins to arrange for counseling for the children. The parents shall participate as requested by the therapist. 6. This Order is temporary in nature and entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this NO. 02-4282 CIVIL TERM Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE C~ Edward E. Guido, J. Dist: ax J. Smith, Jr., Esquire, PO Box 650, Hershey, PA 17033 ichael S. Travis, Esquire, 4076 Market Street, Camp Hill, PA 17011 1c3-3o.o2. ~?. ooo~ o~ oo~ pLEAS OF MO. 0~'4~ CIVIL TERM o~W~L Ac~ON - LAW 'N ~us~OO~ Z~c~ ~ R~o~e~ A, pr~l 18, ~ 986 june 27, ~988 September 12, 1989 chef other r 15, 2002 with nd his coun~., VlCKI L. RHOADES, Plaintiff V. JEFFREY L. RHOADES, Defendant OCT 9 2oo2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4282 CIVIL TERM CIVIL ACTION - LAW iN CUSTODY 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 Jonathan J. Rhoades Zachary G. Rhoades Sarah-Anne Rhoades DATE OF BIRTH CURRENTLY IN THE CUSTODY OF April 18, 1986 Mother June 27, 1988 Mother September 12, 1989 Mother 2. A Custody Conciliation Conference was held on October 15, 2002 with the following individuals in attendance: the Mother, Vicki L. Rhoades, and her counsel, Max J. Smith, Jr., Esquire; the Father, Jeffrey L. Rhoades, and his counsel, Michael S. Travis, Esquire. 3. Mother filed a complaint for custody on or about September 9, 2002 seeking primary physical custodY of the children. Contemporaneously, Mother filed a Petition for Special Relief which was addressed by Judge Guido in hearing on September 12, 2002. At that hearing, Judge Guido granted Mother primary physical custody, arranged periods of partial custody for Father and directed the parties to conciliation. The Judge also recommended the conciliator explore the possibility of family counseling to include the children. 4. Although Father would prefer primary physical custody of the children, he recognizes that his work and living circumstances are not Presently arranged in such a way to make that a realistic possibility at this time. The attached Order reflects an agreement of the parties in large part. NO. 02-4282 CIVIL TERM 5. The issue upon which the parties did not agree was the arrangements for beginning counseling for the children with Anthea Stebbins. Both parties agreed that counseling was an appropriate undertaking in light of the present circumstances and the potential impact on the children. However, counsel for Father was reluctant to agree to Mother's choice of counselor without Father having been invited to participate in the decision. Therefore, after consultation with counsel, an alternate therapist was selected and appointed by the Conciliator. Date Melissa Peel Greevy, Esquire Custody Conciliator :164305 4(176 Market Street, Suite 209 ~ .n? H/Ii, PA 17011 ~717) 73 I-9S02 VICKI L. RHOADES, Plaintiff vs. JEFFREY L. RHOADES, Defendant. ) IN THE COURT OF COMMON PLEAS ) CUMBERLAND COUNTY, PENNSYLVANIA ) No. 02-4282 CIVIL TERM ) ) Civil Action - Law ) In Custody CUSTODY MODIFICATION STIPULATION AND AGREEMENT RELATING TO JONATHAN J. RHOADES AND NOW, come the parties hereto, Plaintiff, Vicki L. Rhoades CMother'). an individual residing at 828 Meadow Lane, Camp Hill, Cumberland County, Pennsylvania. 17Ol I and Defendant, Jeffrey L. Rhoades, ("Father"), an individual residing at 192 19m Street. I lorence, 14~6t~10r~¢/aq ~_~ County, Pennsylvania, 15944 as said parties have reached mutual ~l,.2recment as to the custody of their child Jonathan J. Rhoades, born April 18, 1986 and hercb~ ,tqmlate to the following custody agreement, and hereby request the Court to enter the same 1. Mother and Father shall share legal custody of said child, as ~o ali matters regarding the child's health, education, and welfare. 2. Father shall have primary physical custody of said child. 3. The parties agree that Mother shall have periods of partial physical custody at s,ch times as the parties may mutually agree. Father shall be responsible for transportauon {at thc child between custody exchanges. 4 Holidays'. Hohdays sha, be shared at such t~mes as the parties may agree It~r~?c.t-~Day. i Mother shall have the child on Mother's Day from 11 A.M. to 7 P.M. 5. If either parent is unable to keep their scheduled times of visitation, they shall ?m~ ide at least twenty-four (24) hours' notice. 6. Neither party shall do or say anything which may estrange the child from thc i, ~cm, I~iure the opinion cf the child as to the other parent or hamper the" - ~rce and natural dcxcltoment of the child's love and respect for the other parent. 7 The parties shall have the right to modify any provision of the custody schedule ~ctcto upon mutual agreement by both parties. In the event a proposed modification is not -?~'cd to. the schedule as stated shall be complied with by the parties. The parties reser,~e the t(, modify this Stipulation and Agreement through the court pursuant to Pennsylvania borland County, Pennsylvania, shall retain jurisdiction. 8 Until such time as this Agreement is entered as an Order of Court, the part~c~ that it shall carry the same effect as a Court Order. ~, el,: I. Rhoades, Plaintiff Witness VICKI L. RHOADES, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA ) vs. ) No. 02-4282 CIVIL TERM ) JEFFREY L. RHOADES, ) Civil Action - Law Defendant/Petitioner) In Custody CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person(s), addressed as follows: Max J. Smith, Jr., Esquire JAMES SMITH DIETTE]?dCK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (last counsel of record) Date: Vicki L. Rhoades 828 Meadow Lane ~ Camp Hill, PA 17011 ~ 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Attorney for Petitioner VICKI L. RHOADES, Plaintiff VS. JEFFREY L. RHOADES, Defendant. ) IN THE COURT OF COMMON PLEAS ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) No. 02-4282 CIVIL TERM ) ) Civil Action - Law ) In Custody ORDER OF COURT AND NOW, this ~day of ~ _, 2003, upon consideration of the attached Stipulation it is hereby Ordered and Decreed that the pa:rties shall share legal custody of thc cl~ild, Jonathan J. Rhoades, date of birth, April 18, 1986. The parties £urther agree that the Father shall have primary physical custody of said child, subject to periods of' partial physical custody with Mother as the parties may agree. BY THECOURT: Distribution: Michael S. Travis, Attorney for Defendant ~.~x J. Smith, Jr., Attorney for Plaintiff