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Home My WebLink About01-2685 FX v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/- ,2,a!) ~"/~ STANLEY E. RUDISILL, ( Grandfather/Plaintift) KEVIN E. RUDISIlL, SR., (FatherlDefendant) CIVIL ACTION - LAW CUSTODY STANLEY E. RUDISIlL ( Grandfather/Plaintift) IN THE COURT OF COMMON PLEAS CUMBERLAND v. NO. CHRISTY T. MOONEY (Mother/Defendant) CIVIL ACTION -LAW CUSTODY COMPLAINT FOR CUSTODY UNDER SECTION 5313 OF THE DOMESTIC RELATIONS CODE 1. The Plaintiff is Grandfather, Stanley E. Rudisill, residing at 424 Fairway Drive, Mechanicsburg, P A 17055, Cumberland County. 2. The Defendants are: Father, Kevin E. Rudisill, Sr., residing at 420 Fairway Drive, Mechanicsburg, PA 17055, Cumberland County and Mother, Christy Mooney, residing at 5909 Cottage Street, Philadelphia, PA 19135. 3. Plaintiff seeks legal and primary physical custody of the following children, his grandchildren: Kevin E. Rudisill, Jr. 424 Fairway Drive Mechanicsburg, PA 17055 Age 3 DOD 10/1/97 Katelyn E. Rudisill 424 Fairway Drive Mechanicsburg, PA 17055 Age 2 DOD 11/6/98 The children were both born out of wedlock. '~-,:!"~~,., - = .< ~,--' "''"''''''''''-'",'_'r .~n "_,,<,-._5,,'.,_'-""',,,",'. " ,.',~hn ',""_', '<--.._ _'''!:'.''''' _",~.__~,_. ~_" ~,~,~.~ " ,_ ." The children are presently in the custody of Grandfather who resides at 424 Fairway Drive, Mechanicsburg, PA 17055. During the past five years the children have resided with the following persons at the following addresses: Kevin E. Rudisill, Sr. (Father) Christy T. Mooney (Mother) Martha Rudisill (Grandmother) Kevin E. Rudisill, Sr. (Father) Christy T. Mooney (Mother) Stanley Rudisill (Grandfather) Stanley Rudisill (Grandfather) Kevin E. Rudisill, Sr. (Father) Christy T. Mooney (Mother) Stanley Rudisill (Grandfather) Stanley Rudisill (Grandfather) Kevin E. Rudisill. Jr. 420 Fairway Drive Mechanicsburg, PA 17055 10/97 - 2/98 424 Fairway Drive Mechanicsburg, PA 17055 2/98 - 2/00 424 Fairway Drive Mechanicsburg, P A 17055 2/00 - present Katelvn E. Rudisill 424 Fairway Drive Mechanicsburg, PA 17055 11/98 - 2/00 424 Fairway Drive Mechanicsburg, P A 17055 2/00 - present The mother of the children is Christy T. Mooney, currently residing at 5909 Cottage Street, Philadelphia, PA 19135. She is single. The father of the children is Kevin E. Rudisill, Sr., currently residing at 420 Fairway I?rive, Mechanicsburg, PA 17055. He is single. ~;;,l ,- ""'_ _ _ ,_"1>_,, _~,,' ,=_ __ .~k-~. .~,~~ '" ,,~ _"'~~, _~ ._ . _'"~ , ~,.~~= <', _ _~" ." "" ~ 4. The relationship of Plaintiff to the children is that of Grandfather. The Plaintiff currently resides with both children and no one else. 5. The relationship of Defendants to the children is that of Mother and Father. The Defendants currently reside with the following persons: Defendant Resides with RelationshiD Kevin E. Rudisill, Sr. Christy Mooney Martha Ann Rudisill John Hitchins (his) mother paramour 6. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiffhas no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a Grandfather has shown genuine care and concern for the children and desires to ensure their safety and well-being for the future. " - . " '_-.d' _,. .''"'._ -,",~__. ".,.0 , ,,,~ C\.>-' :'~ '""', 0, ,~, _"",)~_,,-,- ,",'AV?__ ..,~..,,~ ''''''i'~ >~_" ~"~.~_"'."",'" '. _ _ ~ " ~. _ _ b. Grandfather has been sole and entire support of the children since February, 2000. He has provided food, clothing, shelter, medical care, day care/preschooling and social activity. c. Katelyn was diagnosed with juvenile rheumatoid arthritis in April, 2000. The costs associated with this illness, including hospitalization, physician care, extensive lab testing, and medications have been substantial. Grandfather has been paying all of these costs out of pocket without contribution from either parent of the children. d. Grandfather would like to add both children to his health insurance plan. The children were previously insured through the DPW Pennsylvania Access Insurance Program; however, coverage was tenninated February, 2001. The children are currently without medical insurance. As a state employee Grandfather has Keystone HMO coverage and could add both children to his plan ifhe were granted custody. e, Grandfather's custodial relationship with the children began with either the direct or implied consent of both parents. Mother delivered both children to Grandfather for an alleged visit on or about February 28, 2000. The following day Grandfather contacted Mother and asked if he should make all arrangements for the children to stay with him. She replied yes and has had rninirna1 or no contact with the children since that date. Father lives two houses away from the children and their Grandfatherlhis father and has never removed them from Grandfather's custody. f Grandfather has had sole custody of both children since February, 2000. 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. 't';,"""" 9, As indicated by the attached Stipulation, signed by Plaintiff, and both Defendants, Mother and Father (Defendants) have agreed to grant legal and primary physical custody of the minor children to Grandfather (plaintift). WHEREFORE, Plaintiffrespectfully requests this Honorable Court to grant legal and primary physical custody of the children to Plaintiff. Respectfully submitted, ,3 c) ~I ClOd} Date Marilyn c. Zilli, E Fetterhoff and ZOO 200 North Third Street, Suite 800 Harrisburg, P A 17101 (717) 232-7722 'i,;c>' "'~~' ~ =.""'-;^ .,_ ",-:,,,^."'.''''.,,_,='', :"",__""~,, ,':,"."",^, ,"f'c '''''','''''.~f~d'' _r".., < '. ,c _ _-,... ~', __'-~'" _"_.. ~'",_,~ VERIFICATION I verifY that the statements made in the foregoing document are true and correct to the best of my knowledge, understanding, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: 1-?c -6( 4.~ - -~ St ey E. Rudisill i!,~,?-;'!, ' " ." . ~r<,:' . ~ , " " 1'1 T'-' STANLEY E. RUDISILL, ( Grandfather/Plaintifl) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. KEVIN E. RUDISILL, SR., (Father/Defendant) CIVIL ACTION -LAW CUSTODY STANLEY E. RUDISilL ( Grandfather/Plaintifl) IN THE COURT OF COMMON PLEAS CUMBERLAND v. NO. CHRISTY T. MOONEY (Mother/Defendant) CIVIL ACTION - LAW CUSTODY STIPULATION The parties to this action agree as follows: 1. Grandfather (Stanley E. Rudisill) shall have sole legal custody of the children. 2. Grandfather shall have primary physical custody of the children. 3. Father (Kevin E. Rudisill, Sr.) shall have temporary physical custody of the children according to a schedule on which he and Grandfather mutually agree. 4. Mother (Christy T. Mooney) shall have temporary physical custody of the children according to a schedule on which she and Grandfather mutually agree. 5. FatherlMother shall always have the right of temporary physical custody on Father's DaylMother's Day, if they wish to exercise same, upon 48 hours' notice to Grandfather. The rights of temporary physical custody shall be exercis~d from 12 noon until 6:00 p.m., unless otherwise agreed to between MotherlFather and Grandfather. !,$--~;.,'" ~'. -- ---<' '-"'~-~""-'-P"~',~,,~,",~~ <, ~~~~~.~,_,. ~ ' 6. Transportation of children at the beginning and end of all periods of temporary physical custody shall be shared by the parties. At all times the children shall be secured in appropriate passenger restraints. 7. Grandfather shall be permitted to travel with the children. Whenever he intends to be absent for more than seven days, however, he shall be obligated to notifY both parents of his intended departure at least 48 hours in advance thereof and to provide both parents with the address and/or phone number of his destination(s). 8. Grandfather agrees to permit both parents telephone access to the children at any reasonable time and for any reasonable length of time. 9. Grandfather agrees that in the presence of the children he shall take all appropriate measures to foster a feeling of affection between the children and the parents. 10. Grandfather agrees to keep both parents informed of all significant events in the children's lives. Agreed to by: ~~.~~ ~~i%l2~ 1 c::1 ~ r; 2-6 a I' Date ~~/) Dat ~ ~) I Q~~ Christy. oney Or l6~ .2m.l Da . -.,.",,"';'- -'/',,,. CERTIFICATE OF SERVICE A true and correct copy of the foregoing document was delivered to the person or office listed below by certified mail on the date indicated, as follows: Mr. Kevin E. Rudisill, Sr. 420 Fairway Drive Mechanicsburg, PA 17055 70000600002831576412 Ms. Christy T. Mooney c/o R. Mooney 1826 East Cornwall Street Philadelphia, PA 19134 70000600002831576429 ~ ;(60) ~~<~ Fetterhoff and ZOO 200 North Third Street, Suite 800 Harrisburg, P A 17101 (717) 232-7722 Date I~" <. " ",~ ,',t;o'7"'<'c"o""":,_,,,,,H"~ ',3,'~"' -,,-~ _-~ """'~I< -'- '_'.'"<.',,-0._ --'"l',"' ""_"".''',~-.'--v ". ..~....,."~" ,__ ;,;'li,ffii':S'{,~,;c[!'!,fj,:;~"J~;-;'" MAY 11 2001tJt' v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Of- Ji g5 STANLEY E. RUDISILL, ( GrandfatherlPlaintifi) KEVIN E. RUDISIlL, SR., (Father/Defendant) CIVIL ACTION - LAW CUSTODY STANLEY E. RUDISILL ( GrandfatherlPlaintifi) IN THE COURT OF COMMON PLEAS CUMBERLAND v. NO. CHRISTY T. MOONEY (Mother/Defendant) CIVIL ACTION - LAW CUSTODY ORDER As per the parties' Stipulation, IT IS HEREBY ORDERED AND DECREED as follows: I. Grandfather (Stanley E. Rudisill) shall have sole legal custody of the children. 2. Grandfather shall have primary physical custody of the children. 3. Father (KevinE. Rudisill, Sr.) shall have temporary physical custody of the children according to a schedule on which he and Grandfather mutually agree. 4. Mother (Christy T. Mooney) shall have temporary physical custody of the children according to a schedule on which she and Grandfather mutually agree. s. FatherIMother shall always have the right of temporary physical custody on Father's DayIMother's Day, if they wish to exercise same, upon 48 hours' notice to Grandfather. The rights of temporary physical custody shall be exercised from 12 noon until 6:00 p.m., unless otherwise agreed to between MotherlFather and Grandfather. ,,,',". ' ,~ "'.~ ~ - .,~ .-, \;iI\l'dJll) "'Nh i;:j , ':,rH'!\ \~) I\'_JO A!.Nn(J-~'.I ''-f!~<-7:~!;'\!nJ ;"iU "111'.1 'I ,--v ~ ~'I '....1. AJh I I I ~: ~""'. Ul II~, -""" _"-:r?", ' '" ~v,.=,~~,,~,. _""",.-:_~o;,~:_^. , I ';&:tj%tSit.:l!J,1iltilm ~_~ :'." ,__~_ 0.' ~,_o.~; T~~~ .,. , I .. I' . , 6. Transportation of children at the beginning and end of all periods of temporary physical custody shall be shared by the parties. At all times the children shall be secured in appropriate passenger restraints. 7. Grandfather shall be permitted to travel with the children. Whenever he intends to be absent for more than seven days, however, he shall be obligated to notiJY both parents of his intended departure at least 48 hours in advance thereof and to provide both parents with the address and/or phone number of his destination(s). , 8. Grandfather shall permit both parents telephone access to the children at any reasonable time and for any reasonable length of time. 9. In the presence of the children, Grandfather shall take all appropriate measures to foster a feeling of affection between the children and the parents. 10. Grandfather shall keep both parents informed of all significant events in the children's lives. By the Court: (Y/II. 19 Z<<J{ Date 1 J. ~-n -01 ;Ju1 # ~ ;I_,;,'j~:';'>:' ?- - ",,< _"_, '~<"'~'_ '"_:"~"~:'>."'"-'''''._' "'__: """"",-c'.,--..,;l """,:.",,p"',!,,\, Y',U'''''.~"..<... ,,~,,_ '__-"'. r ..""____ '~".c ~""'__'n.L, c.' "__ _ Od ". ~",c , > ~ Ok" c,'--<."_~,_ "'~ I I , k' ~ ill I I,' ~ - ~, . ~c '. .,. . "- ",. ',' - ^ _O-,-,,"~ .' . 1.;"'_'-""> ". .'" '<, __.," _"<0,_'_"_ ,'~ ,~"" ." . " # .~.~~i~ .mlj:~Il_~"1'""~,_/,, i11~~,~~~'t".......~,~__~M, r" ~!