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HomeMy WebLinkAbout01-06969 '-'"i JIM CUOMO, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA RUDY, DEFENDANT : 01-6969 CIVIL TERM ORDER OF COURT AND NOW, this ~4 day of August, 2003, IT IS ORDERED that a hearing shall be conducted on the within petition for emergency relief on Monday, September 15, 2003, at 1 :30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Barbara Rudy shall have Michae!1 James Cuomo, born January 15, 1998, at that hearing. Richard C. Rupp, Esquire For Plaintiff Barbara Rudy 913 Apollo Beach Blvd, Apt 73 Apollo Beach, FL 33572 jyu" glMM.<-" ~ :sal ~ ~ r..2r..-03 C+-' "f#,~, __ ~";=:""" "'''__'''''~'; ",- ,,, r~'^ '>- b:: i5 U.JQ f.-2F} ~-y:. Q",F. ,., Cf("~ u.j,-,~ 1~r.U '-'"::~ ,~. ~-- 13 w .,_.' ^ ~ _~ en >- I- :2C ':) ,':):2; "'-~,2 ._~ ~;?i! "-'":to:) --i:2C 2i,aJ Cl..1Q ~ :J o " - ..- Q: '_0 C\J "" ::::1 oq "") C:J --""""-- _Ti!._~.".,.,~~ ,,- ,,' ~__>~, 'd - -.~~ ";,,,,,,-,,,,~,,",',- _'_'_~ '..,",.",O~~, "', "~ '.,cW"~'__"~I',""';""-<' (~~ p , ~0'l!.C JiL_"~~.__,, _~ ~;':~~""-'-"'W,'l:"~"A>I ~--~~~ ,~ - ~, "~"--;"'"<""-"" '"f' --.- ----,. - . I . ..... ~)!!IH~ ~,~f~~ l}[l~~fFl)~I, " ' , l, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6969 JIM CUOMO PlaintiH . . BARBARA RUDY Defendant : CIVIL ACTION - LAW : IN CUSTODY EX-PARTE EMERGENCY PETITION FOR SPECIAL RELlEIF AND NOW comes PlaintiH Jim Cuomo a/k/a James T. Cuomo, by and through his attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, who avers the following: 1. The Plaintiff is Jim Cuomo a/k/a James T. Cuomo, who is a resident of the Commonwealth of Pennsylvania, with a residence address of 112 Millers Gap Road, Enola, PA 17025. 2. The Defendant is Barbara Rudy, who has become recently a residence of the State of Florida, with a residence address of 913 Apollo Beach Blvd., Apt. 73, Apollo Beach, FL 33572. 3. Mother and Father are the natural parents of one minor child: A. Michael James Cuomo, born January 15, 1998 (presently age 5) 4. With respect to the minor child Michael James Cuomo, said child was born out of wedlock. The parties have never married. The minor child Michael James Cuomo has lived with the PlaintiH Father sill1ce birth until August 15, when Mother took child to Florida without notice to Father. ;';'";;\Ihk,.,~, " :, ,,' ~, :,y;,,<-,,", _~, "1-,-], , , " ''1 1.-'< ", ~", - " . , 5. The petitioner has filed a Petition to Modify Custody, a copy of which is attached hereto and incorporated herein by reference. 6. The Fgther has been advised that the Mother has enrolled their son in a Florida school district. He is about to enter kindergarten. 7. Father has been a very active Father, having primary physical custody of the child ever since birth, with Mother only having sporadic incidents of custody or visitation and Father has participated and cared for his child since his birth. 8. Father has had custody approximately 100% of the time since Father and Mother separated, around January 2001. 9. Mother unilaterally and without notice relocated to Florida with the Parties' minor son, and is retaining custody without allowing Plaintiff/Father to exercise custody. 10. All parties and their son had lived in Pennsylvania for over six months prior to the Defendant! mother relocating to Florida. 11. The Plaintiff/ Father believes that it is in the best interests for the child to remain in Pennsylvania and for Plaintiff/father to have primary physic:al custody of the child and not for the child to relocate to Florida. 12. Under Pennsylvania Law, Pennsylvania is the correct Court for litigation of this custody dispute in accordance with 23 Pa CSA 5534. '1,"-;" ~,,';,' ,,7"-,',._ _ ,_ ; , , ',~r ",t, 1'---- - ._--,~- ~ WHEREFORE, the Father requests this Honorable Court to give Father primary physical custody until a temporary Custody Order can be arranged and Ordered by the Court, an Order denying the Defendant to relocate with the minor child and ordering the Mother to return the minor child to the Father until further Court Order. WHEREFORE, your Petitioner respectfully requests this Honorable Court to Order as follows: 1. Grant further temporary physical custody of the minor child: Michael James Cuomo, to the Plaintiff/Father, until further Court Order. 2. Prohibit Mother from relocating the said minor child, Michael James Cuomo, until further Court Order. 3. Prohibit Mother from transporting the said minor child outside of Pennsylvania, until further Court Order. RESPECTFULLY SUBMITTED, ) By: Richard C. upp. uire Atty. I. D. No.3 832 355 N. 21st St., ste. 205 Camp Hill, PA 17011 717-761-3459 AHorneys for Plaintiff Date: (58r2CO] - ";;qj.;,-,~, -" ,,~.;-, _."'1(_",'\';;' -,""'_ ~s,.. c",~~'~'_ }':;~1' ~,-'''' ' , ~ . '_'_","1'__ ,,~ ^.., ~", VERIFICATION I, JIM CUOMO a/k!a JAMES T. CUOMO, verify that the statements in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. II 4904 relating to unsworn fal1sification to authorities. L ,/--~ JI' CUOMO, PlaintiH Ln / JAMES T. CUOMO, PlaintiH ,,~ Date: p/c9s;frs t / I O"'''''''''''~'''O''''''''o . "" ,', I ~ ' " " ,",_, , ,_ 'p JIM CUOMO Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 01-6966 . . BARBARA RUDY Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, , upon consideration of the attached Petition, it is hereby directed that parties and their respective counsel appear before , the conciliator, at on at 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 temporary or permanent order. The court hereby directs the parties to furnish and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduling hearing. fOR THE COURT, By: 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 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, PA 17013 Telephone (717) 249-3166 \'~)IJ1~~, ~ . '--~\"-,>,<:'"'l~' ':" " 7 " ":r"': '-,' - ,. JIM CUOMO Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6969 BARBARA RUDY Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, Jim Cuomo a/k/a James T. Cuomo, through his attorneys, Rupp and Meikle and Richard C. Rupp, files the following Petition to Modify Custody, as follows: 1. The Plaintiff is Jim Cuomo alkla James T. Cuomo, who is a resident of the Commonwealth of Pennsylvania, with a residence address of 112 Millers Gap Road, Enola, PA 17025. 2. The Defendant is Barbara Rudy a/k/a Barbara A. Rudy a/k/a Barbara Yohn, who has become recently a residence of the State of Florida, with a residence address of 913 Apollo Beach Blvd., Apt. 73, Apollo Beach, FL 33572. 3. The Plaintiff has resided in the Commonwealth of PennsylVlania longer than six months. The Defendant had resided in the Commonwealth of Pennsylvania until Friday, August 15, 2003, when she moved suddenly to Florida with the parties' minor child, MICHAEL JAMES ClIJOMO. 4. One child has been born to the parties, their son, namely MICHAEL JAMES CUOMO, hereinafter referred to as MICHAEL, born January 15, 1998. 5. The parties were never married to each other. ~..:'1'U;."".,~~U , ~ ,,;r, "~, :_,.,~",^",-_ ' ," , _'I' r",- - ,~~ 6. During the lifetime of the child, he has resided with the following persons at the following addresses: (List All Persons) (List All Addresses) (Dates) Both parties 112 Millers Gap Road Enola, PA 17025 Birth - Jlanuary 2001 Plaintiff/Father 112 Millers Gap Road Enola, PA 17025 Jlanuary 2001 - AugUlst 15, 2003 (With Mother for 3 months during this period) Defendant/Mother 913 Apollo Beach Blvd. August 15, 2003 - Apt. 73 Present Apollo Beach, FL 33572 7. Plaintiff/Father has been the primary caretaker of the minor child since birth, consistently, such that the child has remained exclusively under the care and custody of Plaintiff/Father with reasonable liberal visitation provided to the Defendant. 8. On or about August 15, 2003, the Mother, without any warning or notice to Plaintiff/Father, took the parties' child and moved to the State of Florida. 9. Plaintiff is a fit and proper person to have custody of their minor child, MICHAEL. 10. It is the minor child's best interest that custody be awarded to Plaintiff. 11. It is in the best interest of the minor child that he be with his Father, his primary caretaker and with the Father's family, located in central Pennsylvania. 2 "'''0":1" wm ,"~ f"17 ,,"__,,~', ., ,- " -.- ,---,"- , ". 12. There was a prior action for custody in this jurisdiction to this case number. It was resolved by the parties to their mutual satisfaction by verbal agreement. Neither party is a member of the United States Armed Forces or its allies. The Plaintiff/Father now desires to modify the parties' arrangement by reason of Defendant/Mother's attempted relocation of child. WHEREFORE, Plaintiff requests that the Plaintiff be awarded custody of their minor child, both temporarily and permanently, and that Plaintiff be awarded legal fees associated with the filing of this Complaint, tll1at Plaintiff be awarded such other and further relief as the Court may deem appropriate. RESPECTFULLY SUBMITTED, RUPP AND M By: Richard p, IEs Atty. I. D. No. 34832 355 N. 21st St., S~e. 205 Camp Hill, PA 17011 717-761-3459 Attorneys for Plaintiff Date: op)- 25=0'3 3 -"'~~1-,,"_li.-<"~"'~"t, , " , ~-, - I' ^ -,' -~ -" "~ ,," ~-"=, " -~ VERIFICATION I, JIM CUOMO a/k!a JAMES T. CUOMO, verify that the statements in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. Ii 4904 relating to unsworn falsification to authorities. L ~~~;- J~ CUOMO, PlaintiH L~~ / JAMES T. CUOMO, PlaintiH Date: ~/oZ.5;G5 q~~,- , ~,~- ~".~,~, ,,,' .--.. , , ' -", - ',~, ,,,. "'h, ,llII!I!..~.>. ,,,mT _ ~,.l -' ~ ~ ~, ~, "'- ~ ~' ~ "",-, --I:) ~ }) ~ -I ~ :I:) G \)', o ~ '\J .~ ~ ~ '" ~ , ~ h (") c: -o;~ m'^" :?:' iT; 2M, ~7).:: r~c5 ~O 5>0 c: 2 -< -< c.. (,j o 'T,; :~~ :~':.:, ,~ --.I i,- ,;-,-)--S '''~~J. '-.,', _:~?[~g ,:'.:-r.. ;i~' ;:-""~i ", -~ -< :...) , _~[ll"_,,,_, ,"" ..,.~ ^~~~~~,jlF"N'f,"1'1~'f1j'$'(l,1Pj"':,,!,)1~?1i1i:2-'~"i~''i''~_~\1iI;''"W~'"'Pfifi;~~j"~~}IA'i1M~: "~:"--.J -._"1 ,------ JIM CUOMO Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : NO. 01-696" : CIVIL ACTION - LAW : IN CUSTODY BARBARA RUDY Defendant ORDER OF COURT AND NOW, ,upon consideration of the attached Petition, it is hereby directed that parties and their respective counsel appear before , the conciliator, at on at 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 temporary or permanent order. The court hereby directs the parties to furnish and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduling hearing. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is requil'ed by law to comply with the Americans with Disabilities Act of 1990. For information about accessible 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, PA 17013 Telephone (717) 249-3166 ,,'<'-,"C' ., '''' _0, ,~_, 0 - " -,: , , -, - " ~~ 1', JIM CUOMO Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 01-6969 BARBARA RUDY Defendant : CIVIL ACTION - LAW : IN CUSTODY (") '=' 0 ~ GO -11 PETITION TO MODIFY CUSTODY ~~ ~ ,i~-:!:! AND NOW, Jim Cuomo a/k/a James T. Cuomo, through his ~rn~s, ;.s~ ;:;: < '" '010 Rupp and Meikle and Richard C. Rupp, files the following petitio~~fy~~ Custody, as follows: ~.FH::;) ~ h3' =< 1. The Plaintiff is Jim Cuomo a/k/a James T. Cuomo, who is a resident of the Commonwealth of Pennsylvania, with a residence address of 112 Millers Gap Road, Enola, PA 17025. 2. The Defendant is Barbara Rudy a/k/a Barbara A. Rudy a/k/a Barbara Yohn, who has become recently a residence of the State of Florida, with a residence address of 913 Apollo Beach Blvd., Apt. 73, Apollo Beach, FL 33572. 3. The Plaintiff has resided in the Commonwealth of Pennsylvania longer than six months. The Defendant had resided in the Commonwealth of Pennsylvania until Friday, August 15, 2003, when she moved suddenly to Florida with the parties' minor child, MICHAEL JAMES CUOMO. 4. One child has been born to the parties, their son, namely MICHAEL JAMES CUOMO, hereinafter referred to as MICHAEL, born J,anuary 15, 1998. 5. The parties were never married to each other. 'J'~"'~_, "c, 0', ' ._",~_' . ''1!'''''' , "_,r,- ~" 1- 6. During the lifetime of the child, he has resided with the folllowing persons at the following addresses: (List All Persons) (List All Addresses) (Dates) Both parties 112 Millers Gap Road Enola, PA 17025 Birth - January 2001 Plaintiff/Father 112 Millers Gap Road Enola, PA 17025 January 2001 - August 15, 2003 (With Mother for 3 months during this period) Defendant/Mother 913 Apollo Beach Blvd. August 15, 2003 - Apt. 73 Present Apollo Beach, FL 33572 7. Plaintiff/Father has been the primary caretaker of the minQr child since birth, consistently, such that the child has remained exclusively under the care and custody of Plaintiff/Father with reasonable liberal visitation provided to the Defendant. 8. On or about August 15, 2003, the Mother, without any warning or notice to Plaintiff/Father, took the parties' child and moved to the State of Florida. 9. Plaintiff is a fit and proper person to have custody of their minor child, MICHAEL. 10. II is the minor child's best interest that custody be awarded to Plaintiff. 11. It is in the best interest of the minor child that he be with his Father, his primary caretaker and with the Father's family, located in central Pennsylvania. 2 "('~,,"'l1I;ru,c, , ,__""", ~" _-_C"', ;"", ", ,'""~,,'~'c ,,- , - ~ <, ',- ,-' \ " ',' 12. There was a prior action for custody in this jurisdiction to this case number. It was resolved by the parties to their mutual satisfaction by verbal agreement. Neither party is a member of the United States Armed Forces or its allies. The Plaintiff/Father now desires to modify the parties' arrangement by reason of Defendant/Mother's attempted relocation of child. WHEREFORE, Plaintiff requests that the Plaintiff be awarded custody of their minor child, both temporarily and permanently, and that Plaintiff be awarded legal fees associated with the filing of this Complaint, that Plaintiff be awarded such other and further relief as the Court may deem appropriate. RESPECTFULLY SUBMITTED, RUPP AND M -;A By: Richard p,Es Atty. I. D. No. 34832 355 N. 21 st St., Ste. 205 Camp Hill, PA 171011 717.761.3459 Afforneys for Plaintiff Date: op)-- 2~<3 3 ~~, -<'''''--''-\' '<<~"".., ,~:",. . '~"_::" ' -,--',1" _0:-:-" 1--- VERIFICATION I, JIM CUOMO a/k/a JAMES T. CUOMO, verify that the statements in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements hereiln are made subject to penalties of 18 Pa. C.S. g 4904 relating to unsworn falsification to authorities. L ~=-=r- J" CUOMO, Plaintiff L7Z- ~ / JAMES T. CUOMO, Plaintiff Date: ~/ol.j7 J' .~~?:-It'_>_~~_'r,""""_f'_~_ ,"_' ,_," '~" -'" . i" . PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JIM CUOMO v. 01-6969 CIVIL ACTION LAW BARBARA RUDY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 28, 2003 , upon consideration of the attached Complaint, it is hereby wected that parties and their respective counsel appear before Dawu S. Suuday, ]Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, September 25, 2003 at 8:30 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 defme 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, Spedal Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday, Esq. Custody Conciliator L- 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 TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170 I 3 Telephone (717) 249-3166 <'''~ ~- . _"'I ., '1~~~~!t:;,1::;;'h i;-~j~:-J":i\'Ciitil-iHr.illi,Mjg"E..~-i:u,r'>'ii"'i":;I'io;;p",-" ~b--fF:'; C'-J1,," i.~;i:;;~~11;",,;.:i""idmt!~iim!JliJt.:.~tjf':'- 1i1ll~~~;r~1Ji'J:'''!i!lI!I~JlJd'" ~~"'t, "- ,~'..... ilIIIl" ~~ OF r:;i)..,,()i:r~lr'c ," ;~,;-"",-~,;, ;,~:~fe_, . i'..~':'" /T/~RY fljllf' ,....n ",1,..:, !:1 Pi.: I- I 6 . Ii . '.1, CU'^",.. , IVi,t.:-iEfiLljtlU COUNlY JOr:.NN;;,YLVANIA : 1tOl'1.o3 1? ;;19 '0.3 7f ;)7'0 M.~~~~4+ ~~$~~'~ t~ ~ $ aIf'~ " > ?~JL~i,~:J~L~'"'~"7:,"--"r""~~'__~,"~~,~'1" '^'",,,~,,,_ "',,_ ~":<"?>, '~",__ " _ -;"~_"~"~,"~,~" ."._.",. .,.. ,;, ",,__" ,~ - ~-, v. , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : \.l\"'~ : NO. 01-6966." JIM CUOMO Plaintiff BARBARA RUDY Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, . upon consideration of the attached Petition, it is hereby directed that parties and their respective counsel appear before . the conciliator, at on at 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 temporary or permanent order. The court hereby directs the parties to furnish and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduling hearing. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is requil'ed by law to comply with the Americans with Disabilities Act of 1990. For information about accessible 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 AnORNEY AT ONCE. IF YOU DO NOT HAVE AN AnORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 'fi-~"~l~ ,~c".1.,:- '_"/"'~"__",_~._~~,,,,_, "'_~< "" ~""'T- _w '" "-, - - L, ,,~" >, - , , JIM CUOMO PlaintiH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6969 . . BARBARA RUDY Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, Jim Cuomo a/k/a James T. Cuomo, through his attorneys, Rupp and Meikle and Richard C. Rupp, files the following Petition to Modify Custody, as follows: 1. The PlaintiH is Jim Cuomo a/k!a James T. Cuomo, who is a resident of the Commonwealth of Pennsylvania, with a residence address of 112 Millers Gap Road, Enola, PA 17025. The Defendant is Barbara Rudy a/k!a Barbara A. Rudy a/k!a Barbara Yohn, who has become recently a residence of the State of Florida, with a residence address of 913 Apollo Beach Blvd., Apt. 73, Apollo Beach, FL 33572. , l' 2. 3. The PlaintiH has resided in the Commonwealth of Pennsylvania longer than six months. The Defendant had resided in the Commonwealth of Pennsylvania until Friday, August 15, 2003, when she moved suddenly to Florida with the parties' minor child, MICHAEL JAMES CUOMO. 4. One child has been born to the parties, their son, namely MICHAEL JAMES CUOMO, hereinafter referred to as MICHAEL, born January 15, 1998. 5. The parties were never married to each other. '--~~_1"~^,,, '-""'''''S;'~-'',,--"~"'!!_'' ,_"_"_ ,,~__ ""' c ,- ,-- -~t' r:- ,~l 6. During the lifetime of the child, he has resided with the following persons at the following addresses: (List All Persons) (List All Addresses) (Dates) Both parties 112 Millers Gap Road Enola, PA 17025 Birth - January 2001 PlaintiH/Father 112 Millers Gap Road Enola, PA 17025 January 2001 - August 15, 2003 (With Mother for 3 months during this period) Defendant/Mother 913 Apollo Beach Blvd. August 15, 2003 - Apt. 73 Present Apollo Beach, FL 33572 7. PlaintiH/Father has been the primary caretaker of the minor child since birth, consistently, such that the child has remained exclusively under the care and custody of PlaintiH/Father with reasonable liberal visitation provided to the Defendant. 8. On or about August 15,2003, the Mother, without any warll1ing or notice to PlaintiH/Father, took the parties' child and moved to the State of Florida. 9. P1aintiH is a fit and proper person to have custody of their minor child, MICHAEL. 10. It is the minor child's best interest that custody be awarded to PlaintiH. 11. It is in the best interest of the minor child that he be with his Father, his primary caretaker and with the Father's family, located in central Pennsylvania. 2 W),~<.-_,~ "~ "_, __ I"' _ ,_ ,,,_;_,__,_" <" ""-"'- , "';---!"" , ,", ~ BIn 12. There was a prior action for custody in this jurisdiction to this case number. It was resolved by the parties to their mutual satisfaction by verbal agreement. Neither party is a member of the United States Armed Forces or its allies. The PlaintiH/Father now desires to modify the parties' arrangement by reason of Defendant/Mother's a"empted relocation of child. WHEREFORE, PlaintiH requests that the PlaintiH be awarded custody of their minor child, both temporarily and permanently, and that PlaintiH be awarded legal fees associated with the filing of this Complaint, that PlaintiH be awarded such other and further relief as the Court may deem appropriate. RESPECTFULLY SUBMITTED, RUPP AND M By: Richard p, :Es Atty. I. D. No. 34832 355 N. 21st St., Ste. 205 Camp Hill, PA 17011 717-761-3459 Anorneys for PlaintiH Date: op)-- 2>.0'3 3 ?';!(Uj~rml., ~,!-__,U'_ ,0" ---~'i':>",,,.,~, ~ "''< ,-- ~, ", ,,- "--"f"'- VERIFICATION I, JIM CUOMO a/k/a JAMES T. CUOMO, verify that the statements in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. fi 4904 relating to unsworn falsification to authorities. !I 1.1 ~~ L~~ J' CUOMO, PlaintiH L TZ-- - / JAMES T. CUOMO, Plaill1tiH Date: ~/~;oJ> ;r~-c="_ ?" ~ ,I(<'",;f';~',"---""""~-",, ",'_'C " f' 'I' - . ,~, _ c., ~ -,- ~,~ ~ , ~~ <:::::::: - ..,,1111.""""0 ,IllJI, ,,' ".'+ '-, - -",' """",- ~ ,-'~ ,.,~~,,-..~~,~~- () Co c: C,,} <"' """ -oID ~ r:, Iv} fTl rr! (;') Z;}.) 1'\ ZC' "'J ~ ~ <Il"/:; C;'j k 2'; c ~.cj :;;'F~ C> ~- '- r!..> -~\ =;;;: -". ~ ' '- ~ ~ 4(-) :>C~ " '" ~ -7 -(:, ," ~ :,.) ~ '-' >::::, i- s:- .~ €' l' ~. ...t> ~ W ':" :c '" ,-~ '.~>' >,~ ,''', ~ o -n ;~4\~ ~'-,'-'9" .;", -'---'''' ;,s~ "o,:"rtl C,) ,"".1 ~ :IJ -< ''1:''-- " ~__'I!)"~~~~lmffi.'@o;\!'i~~'~,1%~~'Nf *~":"':lI'm'0""''';~~~~~ii<;:q~'''''!:'--,;~;r&Vi-''f$:;'~!l!''l~~~_,?l1'!~~' JIM CUOMO PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-6969 CIVIL ACTION LAW BARBARA RUDY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, December 17, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, January 09, 2002 at 1:00 PM for ai 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 prior to scheduled hearing. FOR 1HE COURT, By: Isl Dawn S. Sunday. Esq. r^ 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 befote the court. You must attend the scheduled conference or hearing. ' YOU SHOULD TAKE TIllS PAPER TO YOURATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY ORCANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1HBELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,"'(;'~~'!"!!I11.._ ,,,,",-,," , -,- ;rl~ ;i~~~~~'i"'l1i<':j,,;,_,'''"ciJki,,-,_;ji'''~",i><~~l<li:1i,j''.1\;Hi.'Hi~...,;';i"","~<"""_,:,'-,,,hh_")"--,,~"ti\'iib:,;:#ifi;~j~~~j1i~";"-.' I~ J 1(> IDr :j' '"""1I'If11 l...rr~ '--1. .,;\ " \ 'J \~'~ : :'., \ C\}{,/ ~:.i~-:~-\\:_'~~\f1. \i;:'.~'"vr" Ft,\\\I'-'j,.JII---< eE/l..-1rP)' Copy m~lLieL '1C) I).J.r ?otLock AJ'*,'CE- ~lLccc..J.c Dd){ COrY 'ffl'1dl Li-cL ~o 1') II n I ~y Jc~~ ,..~/ .!'H1'!t?,!,:",;JJ ~",,^ __" _ ,=,' ._,~,,",""I"')o,'~" ,,>,,,..,tv..,~,, ^ _ '_", ,~_,~,,~_ _'<'__,>" _"'- ",,, "'~, ~. ,~,' I-ILK - ""'_j ~ .' .. ""~-'-""!r,",-'~' IS DEL; 11 2001 li9 , IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY JIM CUOMO v. BARBARA RUDY : CIVIL ACTION-CUSTODY DOCKET NO. () 1- wCf& 9 ORDER OF THE COURT AND NOW THE DAY OF Decreed that a hearing in front of the to be held at the following time and Place: , 200 1 it is Ol'dered and for Cumberil\lld County is at - .M on this date ,2001 BY THE COURT DATE -" ,- '1_'- -'~ ~ - ," , E- 1. ,~=~~ ~ '" ~ ,--,'" IN THE COURT OF COMMON PLEAS FOR CUMBERLANU COUNTY Jim Cuomo Plaintiff Civil action-custody v. No. O~~lyJl_of 2001 Barbara Rudy Defendant COMPLAINT FOR CUSTODY And Now here comes Daniel Pollock, Esq, to complaint for custody of Jim Cuomo, By bring before his minor son and through his attorney, this Honorable Court this as spelled out below. 1, The Plaintiff is Jim Cuomo, residing at 112 Millers Gap Road, Enola Pa, 17025, Cumberland County 2. The Defendant is Barbara Rudy, residing at 6990 Wertzvil1e Road, Enola, Pa, 17025, Cumberland County 3. The Plaintiff seeks the custody of the following child. Michael J. Cuomo, residing at 112 Millers Gap Road, Enola, Pa. 17025, age 3 Born 1/15/86 This child was born out of wedlock This child is -currently in the custody of the Plaintiff residing at 112 Millers Gap Road, Enola, Pa. 17025 _ During the past 5 years the child has lived with the following people at the following addresses: 1/15/98(birth)- 10/18/01 112 Millers Gap Road Enola, Pa. 17025 Plaintiff ,Defendant , Amanda Yohn, Defendant's Daughter Raymond Yohn, Defendant's Son 12/08/01- Present Same Address Plain.tiff The Mother of the child is Barbara Rudy, Currently living at 6990 Wertzville Road, Enola, Pa. 17025, She is single The Father of the child is 112 Millers Gap Road, Enola, Pa. Jim Cuomo, currently living 17025, He is single. at . - ~ v The relationship of the plaintiff to the subject child is that he is the child's father, The Plaintiff currently lives with the subject child The relationship of the that she is his mother, The mother and 2 children, Amanda defendant to the subject plaintiff currently lives and Raymond Yohn, child is with her 6. The Plaintiff has no~ participated in any other proceeding concerning the custody of this child in this or any other jurisdiction as either a party or a witness The Plaintiff has no knowledge of any custody proceeding concerning this child pending in any court of this Commonwealth. The Plaintiff does not know of anyone not a party to these proceedings who has physical custody of the subject child, or anyone who claims to have partial custody or visitation rights with respect to the subject child, 7, The best interest and permanent welfare of best served by granting the relief requested plaintiff primary physical and legal custody of for the following reasons: the child will be of granting the the subject child a. The Defendant refuses to take care of the child, she constantly places him in daycare or with the plaintiff's mother, in spite of the fact that the defendant is home all day long. refuses to cook for the .child or the eats dinner at the Plaintiff's mother's in spite of the fact that the Defendant d, Defendant consistantly uses derogatory lanuage toward the child, e Defendant does not provide consistant discipline for the child, f, When furstrated with child, Defendant often threatens to run away and leave the child and her other 2 children behind. g. Plaintiff and Plaintiff's family can provide a normal schedule for the child, h. Plaintiff and Plaintiff's Family have been providing normal nutrious meals for the child, i, Plaintiff spends every free waking hour with the child, ." . j. Plaintiff and plaintiff's family can and do provide a stable enviroment, a set routine for discipline and a loving extended family to nurture his needs. Wherefore the Plaintiff Grant his petition for primary son, Michael J. Cuomo. prays that this Honorable Court physical and legal custody of his Re~pr;ted' Daniel Pollock, Esq. Daniel Pollock, Esq, 3105 Old Gettysburg Road Camp Hill, Pa, 17011 Pa Super. Id. 70315 (717) 737-7566 :J1 .. I verify that the statements made in this complaint are t,rue and correct to the best of my knowledge, I understand that false statements knowingly made herein are subject to the penalties of 18 Pa. C.S, 4904 relating to unsworn falsifications to authorities, 15l!.J ~.L_____ IJal;-(-:' -- ~-~~--- /~ \Jl.m Cu.omo ~>\i ,.. ,,4)JPl--,. "-""i' ' ,to -" 'I " ""..-. ". ',," . -'~-- ~" - "~""~ t - ~~ -"-- " -~ ---, , "I~",~ '0' ,... . ,.-- > "~,,,^ ~ - --' ~ €' VJ -0 w.~/I..~I1"",_,i.lIIIJJrJ,-,, ,,,''''' -- , ' , ' T.,,,,,.__.~,I$~~;.~[!'-ri!'f\~..:rl'-"'~J;':0'*,l'tH(q,,,~". ",.. -- a 9 6 ~ p :, ,cc-,<<?-t'- ,~,~- ~ C) ;;;: ;:,i>: ,I d i Z.'..." __.....r-- ,,'.-"-- en 7'''- f}; (- '~:~il: f> -, CD <> y (2 VI ..:r- ,.,' "-- (''') J-:-) ':"\ :< .."', ~":: '>~) ,0 " .-.. . (-, 'j" - ~' , '." FE'~ 1on? Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JIM CUOMO, vs. : NO. 01-6969 CNIL ACTION LAW BARBARA RUDY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 19TH day of February, 2002, the Conciliator, having received no request from counsel for either party to reschedule the Custody Conciliation Conference set for January 9, 2002, hereby relinquishes jurisdiction in this case. FOR THE COURT, ~ Dawn S. Sunday, Esqui7 Custody Conciliator <)W:!ll!~~ .~ - ,,~ - I ' " ,~ "~ r--~"r -~^ j;J:l MAR 1 4 Zo03 ~ Plaintiff IN THE COURT OF C0W40N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JIM CUOMO vs. 01-6969 CNIL ACTION LAW BARBARA RUDY Defendant IN CUSTODY ORDER AND NOW, this 19TH day of February, 2002 , the conciliator, being advised by plaintiffs counsel, that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for January 9, 2002 is cancelled. FOR THE COURT, _ ,2/(6[(02- Date DQd;.qH Custody Conciliator "'&\",~l\fl'M" , ':-_+,"" ,,_ - ,.~ -, ,p ,-:x) , - ", . '~,- .---' > ' " I' ,~ -< "'Rl.,,,,>.,^,.iII~,,,,,",V,'''--",,',,o ., -" wU.c I'-~ ,.",.1,11 - 0' ~ ^ .." ","'- .", ~rh~ ""~'''''--'''-'~*'''-''- -~~~,,~ '-" j' O~'"o o C -rj~" filj'; ~;~~';, -< , C::Z:- ::i~;, ~ / ~ c' w ~ '~ll -;'0 .."", L' .,1 1",')") " <' v._J ~,Jl (ri .~\IWlI~J'f!lWl-~~fJim,":?~,:,I"'l)"'io::~'!'n."T':";;:"~l""'*"'iW:~IM~~\I'''~~f,f~''"~i:i'~~~~~~( If_- JIM CUOMO, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA RUDY, DEFENDANT 01-6969 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of September, 2003, following a hearing this date on a petition for special relief, IT IS ORDERED: (1) Pending further order of court Michael James Cuomo, born January 15, 1998, shall live with his mother in Florida and attend school from his mother's home in Florida. (2) If the parties do not reach an agreement for an order resolving their custody dispute at the conciliation conference scheduled before Dawn Sunday, Esquire, tomorrow, September 16th, this temporary order shall remain in effect and the conciliator shall recommend a temporary order for the father to exercise periods of temporary physical custody pending further order following litigation. (3) By agreement of counsel, the child shall be at the custody conciliation conference. By thet~ourt, / / 4qt~,~ ~ R)\~ oQ-n-(f3 Edgar B. Bayley, J. , ./ ;':::~_",c_~,_,_,_, ,., ,,-co, ;,',' ,."" "',7',': "". T;<C, ", -- '--' "-, '-- ,~ ~ ;:;,~~~omMjlm'tkJ%'"m,i;!1~~f\t~~j,,~,kr4~;,,!~~;;1jh,,"'b,,;<w;fiMIoiLii!i~)1!l!ii'i?~~lidIl~'- "~~~'r.'j"';,.~o.>_-J "~ '~~'~ - !Jf;;",-~J^_y,~" -~,:J,,,1J.rl~,,'''',_<",@.-;r,,Jn1r4F-~ 'f,"~"'" "...,. , ""~,, I" "' ,'~'M __~_", >,"_' ,~ -~ , - -, " o c =<--: ri2; ~jl;: Z:C~ 2:C~- C/"J,' " ~~~,~ ? -:I -'..... __I U~ o w U? r-q '"'0 (,j'l (;'? o -n ?~_1'" --1iT\ '-JC:- ,,- (II ,"'- , ~_:,:il;) --~:}j ~~\;f, :0 -<:. ~ ~-~<'=h',,'~ ~.'_~ _, _ _ "_0 ,\, " --~.l!;:!.~,.,=, __"~'_'~_-,,-,= Richard C. Rupp, Esquire For Plaintiff Jessica Diamondstone, Esquire For Defendant Dawn Sunday, Esquire Custody Conciliator :sal c _ ~ - ^",<;, , "", ___~__ , ,,-- ~ SHERIFF'S RETURN - U.S. CERTIFIED MAIL '" C}~SE NO: 2001-06969 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUOMO JIM VS. RUDY BARBARA R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named RESPONDANT ,RUDY BARBARA by United States Certified Mail postage prepaid, on the 26th day of August ,2003 at 0000:00 HOURS, at 913 APOLLO BEACH BLVD APT 73 APOLLO BEACH, FL 33572 , a true and attested copy of the attached PETITION Together with Th<$ returned receipt card was signed by BARB RUDY 08/29/2003 on ,,}' Additional Comments: -~ Docketing Cert Mail Affidavit Surcharge 18.00 4.88 .00 10.00 .00 32.88 fc- mas Kline ff of Cumberland County Sheriff's Costs: Paid by RUPP & MEIKLE on 09/08/2003 . SW';lrn an~ sUbscri~fore t]ns /(, day of ,tm3 A.D. ~ () J1L;D~"-, ~ P 0 honotary . , me ;;:~$-~g,~- '-~', ~,~ ~ ~.~~ '.."~ ''''',- - ,-*, ~,-; c,1fl~"~_-Y_ .o~ftIji;te ",<i{'iCand3.Aiso&mplete ' item' 4-ff Restricted Delivery is desired. . Print ypur name and address on the reverse so that we can return, the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits_ 1. Article Addresse,Ho: Barbara Rudy 913 Apollo Beach Blvd Apt 73 Apollo Beach, FL 33572 2, D. Is delivery address different from item 1? Yes If YES, enter delivery address below: 0 No 3. Servtce Type !Xi Certified Mail o Registered o Insl:lred Mall o Express Mail o Return Receipt for Merchandise DC,D,O, 7002 24.10 0007 8504l:r7-5'4' 4. Restri6ted CaUvery'? (Extra Fee) 0 Yes 01'"6969 civ PS'Form 3811. August 2001 '-'-, " ~'-- '" 1 - ','-, OOlne~tic'FtEitcrr'n Receipt "'", ,> 10259S-02-M-1035 (. ::::~ "TiJ 'till =, :!" 2) inn) {;~__ ,-,,!I!II1~!'llI!,>." .~ R Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY, no action taken in six months. Sheriff s Costs: Docketing . Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL $ Advance Costs: Sheriff s Costs: 150.00 150.00 l 000.00 $ 18.00 2.70 30.00 .50 1.00 27.80 Refunded to Arty on 9/09/03 20.00 20.00 30.00 150.00 Sworn and Subscribed to before me so~ ~ '~tfft', . , ~i' " , R Thomas Kline, S eriff . ~ BYC1fu~Ct Q , ~--~ " l this I~!!: day of },.,r.-;..,,-. , 2003 A.D. Qct;t; r:! IJ"Ai I,. " ~-- Pro otary ~ ,;' ~ ~'';; i;,1 ,1;, " ; "f .,. ,',<,,-, ci i ,,,' U "llld"--' \,.11 \- ~ " . 111 ~ld ~ 1', .':::1 ,_ 'I fl~~; ,~." ,', Fif1t I """~ ' ",;.\-:t, ~:] [ru~ ~r:",l'lIEI[rf} 7\ 12t?\Ofn~ , (i I ~" .' ','" L i >>Jilj.~..~, ".;,i,,~'il8 .:IJ:!lR~\t3'flS'\II' 3i18Hlj)jjO .. "" r'" ~ i0 1,!'1 ' l ~,~ 'ft'''I, '1','[; "" u _ ~r~:ii"': Jl:!IIi~!I'~:,' },6'U (! ~ i&v 1'f:1330 ,.' ;-~I" ~' .., " - 1'1 , 1 ~"' ,~ =~~ ~ - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLV ANTA) COUNTY OF CUMBERLAND) N002-2623 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JAMES A CARCHIDI AND LINDA A CARCHIDI Plaintiff (s) From PAULA HESS STAHL 2101 LAMBS GAP ROAD, ENOLA PA 17025 (I) You are directed to levy upon the property of the defendant (sland to sell LEVY UPON ALL TANGffiLE PERSONAL PROPERTY LOCATED AT 2101 LAMBS GAP ROAD ENOLA PA, INCLUDING BUT NOT LIMITED TO, HOUSEHOLD FURNITURE AND HOUSEHOLD FURNISHINGS, APPLIANCES, JEWELRY, ANTIQUES, COLLECTffiLES ETC. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISBEE(S) as follows: and to notify the garnishee( s) that: (a) an attachment has been issued; (b) the garnishee( s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $ 4,525.50 LL $0.50 Interest Arty's Connn % Arty Paid $ 31.75 Plaintiffpaid Date: AUGUST 16, 2002 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonotary By: y."(-', (} ~'-" Deputy REQUESTING PARTY: Name FRANCIS A ZULLI, ESQ Address: 109 LOCUST STREET POBOX 1121 HARRISBURG, PA 17108-1121 Attorney for: PLAINTIFF Telephone: (717) 236-9301 Supreme Court ill No, ~~ ,1 ~ ,_ " >:!,?!,,,,,,,,,,,~_. -r;~~,11i_~ljmJIJ'IIl/il1if{~~ UJ 11 J, _ ~ "_,,=_ _~1i:~J%~~'~~i':""J~~~fi'.ff'f;]~,p"~'\""':''!:"-<-'-''r,pi-F,Rf,'~H~1i$[Jli!I~iWl,~:;tJ~~~'-' Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JIM CUOMO, vs. 01-6969 CIVIL ACTION LAW BARBARA RUDY Defendant IN CUSTODY ORDER OF COURT AND NOW, this h I- day of ~ , 2003, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The parties shall submit themselves, their minor Child and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by either Stanley Sclmeider or Arnold Sheinvold. Depending upon the evaluators' availability and ability to accommodate long distance arrangements. The purpose of the evaluation shall be to obtain independent professional recommendations concerning custody arrangements which will best serve the interests and needs of the Child. The parties shall sign all authorizations required by the evaluator to obtain additional information pertaining to the parties or the Child. The parties shall cooperate in scheduling evaluation sessions for themselves and the Child in order to complete the evaluation as promptly as possible. All costs of the evaluation shall be shared equally between the parties. 2. Within sixty days of receipt of the evaluator's written recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 3. The Father, Jim Cuomo, and the Mother, Barbara Rudy, shall have shared legal custody of Michael James Cuomo, born January 15, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 4. Pending completion of the custody evaluation and agreement of the parties or further Order of Court, the Child shall continue to reside with the Mother and attend school in Florida, and the Father shall have custody of the Child as follows: A During Columbus day weekend in Florida from Saturday morning through Tuesday morning, when the Father shall take the Child to school. ";~~-*" -,-"...." ("1,0" r '"""" "'1"- - - .,."""""" B. Over the Thanksgiving holiday in Florida from Thanksgiving Day at 3 :00 pm through the evening before the day on which school resumes. C. Over the Christmas holiday in Pennsylvania from Christmas Day at 4:00 pm, when the Father shall pick up the Child in Florida, through December 31 sl at 12:00 noon and from January 2nd at 12:00 noon through January 3rd at 12:00 noon. The Mother shall have custody of the Child in Pennsylvania for the period from December 31 sl at 12:00 noon through January 2nd at 12:00 noon. D. During the Martin Luther King holiday weekend in Florida from Friday evening or Saturday morning through Tuesday morning, when the Father shall transport the Child to school. E. During the President's Day weekend in Florida, or comparable extended weekend in February, from Friday evening or Saturday morning through Tuesday morning, when the Father shall transport the Child to school. F. During an extended weekend in Florida during the month of March, from Friday evening or Saturday morning through Tuesday morning, when the Father shall transport the Child to school. G. Over the Easter school break holiday in April, the Father shall have the option of having custody of the Child in Pennsylvania if airline arrangements can be made or having custody in Florida. The Father shall provide at least thirty days advance notice to the Mother of the scheduling of his period of custody under this provision. H. During the Memorial Day weekend in Florida or other extended weekend in May, from Friday evening or Saturday morning through Tuesday morning, when the Father shall transport the Child to school. 1. The Father shall confirm the arrangements for the extended weekend periods of custody under this provision with the Mother by the first day of the month and establish the times for exchanges of custody to the extent possible due to travel circumstances. l The Father shall have custody of the Child during the summer school break with the specific arrangments to be established by agreement of the parties. In the event the parties are unable to reach an agreement as to summer custody arrangments by May I, 2004, counsel for either party may contact the conciliator to schedule a conference at the earliest available date. 5. The parties acknowledge that the intent of the partial custody schedule is to ensure as much contact between the Father and the Child as possible pending completion of the custody evaluation without interfering with the Child's school attendance. ,-~t,;-T~, ~, '.",_< ~_~"O~"""', .~ , . 1, ,~ ...... n, ~ " ~ ~ ,"'" 6. The Father shall provide the Mother with a minimum of twenty-four hours notice in the event the Father is not able to exercise his right to a period of custody in this Order. 7. The Father shall be entitled to have liberal and reasonable telephone contact with the Child. 8. Within ten days of the date of this Order, the Mother shall provide to the Father a copy ofthe Child's school calendar. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference, The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. BY THE COl)R:T;- / J. / cc: Richard C. Rupp, Esquire - Counsel for Father ~ ~u1.. Jessica Diamondstone, Esquire and Grace D' Alo, Esquire - Counsel for Mother lo,ot-eU 9-) 'fl"'-'j;\!ijW:!f. ' --, - ~-~ " r~'<" ~f~~kllt\r~"Ul~11"..:':j~~~~'ii'~ii>i~'~,,,,\~W;~ """E",,,,j,-,!!,'i,;:;,>di;;,,,jj;-:fu'Mt!Fg~l~..a;:-; 1-";"'"--.-",, ~i:~"-"'"--'W 1-- --~Ji'g~Il~WM;,i ,'---; '''''-.~nliBiiiI''' ~'-] -"'~ < . FiLED--OFFICE 0~ '-, ,,- h'.,"," '". 'n--ARv " ;.. - i f" jo-- ',,' ~ it "i",'j ,1'-" I I ""..."~,, ,......' I" \ I 030CT-1 M~II:50 CUMBE.1U,,'L/ COUN1Y PEJ\JI\JSYLV;\NIA ,-^,~ _,_~,",__"M~ ~~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JIM CUOMO, vs. 01-6969 CIVIL ACTION LAW BARBARA RUDY Defendant IN CUSTODY lPrior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL IPROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: L The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Michael James Cuomo January 15, 1998 Mother 2. A Conciliation Conference was held on September 16, 2003 with the following individuals in attendance: The Father, Jim Cuomo, with his counsel, Richard C. Rupp, Esquire, and the Mother, Barbara Rudy, and her counsel, Jessica Diamondstone, Esquire and Grace D' Alo, Esquire. 3. This Court previously entered an Order on September 15, 2003 after hearing on the Father's Petition for Special Relief seeking to have the Child returned from Florida where the Mother had relocated. Under the temporary Order, the Child was to reside with the Mother and attend school in Florida pending resolution of the primary custody issue. 4. The parties agreed to entry of an Order in the form as attached. ~ Date ~ ;t.2, Jo03 D,fd~ Custody Conciliator ,*\;~!?'J"'r""~'^'- "~~ , f, -1'-;-' ~,~-- ;;~ JIM CUOMO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01 - 6969 BARBARA RUDY, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John 1. Connelly, Jr., Esquire on behalf of the Plaintiff, Jim Cuomo, in the above-captioned action. Date: //-/1-/),1 !'-'~~_I'!"!il;l', ":~; '/I"-'."_~_;9"':,:,"',,,, "_~'_'~? :~,_" v,_ :',~;^; "C""Fr,~' """,""!'-1-'_~ _, ~,M " _':,_1,'_"'-, ' ,,---',~-~ " ~~ _-0' ',.""". '- -'., ~ " - .- '-~-~"~~~;; '" '" - "'.' ~~"','*,,,,, ,- _l!1nl~ ,~~: _, ,,~~-_'~":rr:~: ',",".',',- ,",.,.,,,-;-1);,~-<,, -c ~- (') c ~ SPs{' Zt~ ~~~~ ~~~ ~2 ~ C) (""J ;:"11 ?:::~ :-n :~~ -"- -~;,~JJJ_,,~;,,[!DC t-: "~ -.;;,J ",,;,t0t,~_,,,:,,,,_>