HomeMy WebLinkAbout01-6969[iN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY
~im Cuomo
Plaintiff
V.
Barbara Rudy
Defendant
Civil action-custody
No. _of 20Ol
COMPLAINT FOR CUSTODY
And Now here comes Jim Cuomo, By and through his attorney,
Daniel Pollock, Esq. to bring before 'this Honorable Court this
complaint for custody of his minor son as spelled out below.
1. The Plaintiff is Jim Cuomo, residing at 112 Millers (]ap
Road, Enola Pa, ~7025, Cumberland County
2. The Defendant is Barbara Rud. y, residing at 6990 Wertzvilie
Road, Enola, Pa. 17025, Cumberland County
The Plaintiff seeks the custody of the following child.
Michael J. Cuomo, residing at 1].2 Millers; Gap Road,
Enola, Pa. 17025, age S Born 11/15/98
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) -
].0/18/01
112 Millers Gap Road
Enola, Pa. ].7025
Plaintiff,Defendant,
Amanda Yohn,
Defendant's Daughter
Raymond Yohn,
Defendant's Son
12/08~01.-
Present
Same Address
Plaintiff
The Mother of the child is Barbara Rudy, Currently living at
Wertzville Road, Enola~ Pa. 17025, She is single
The Father of the child is Jim Cuomo, currently living at
112 Millers Gap Road, Enola, Pa. 17025, He is, single.
The relationship of the plaintiff to the subject child is
that he is the chiild's father. The Plaintiff currently lives with
the subject child
The :relationship of the defendant to the subject child
that she is his mother. The plaintiff currently lives with her
mother ~nd 2 children, Amanda and Raymond Yohn.
The Plaintiff has not participated in any other proceeding
concerning the custody of thais child in this or any other
Jurisdict-lon as either a party or ~ 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 c~ild, or
anyone who claims to have partial custody or visitation rights
with respect to the subject child.
?. The best interest and permanent welfare of the child will be
best served, by granting the relief requested of granting the
plaintiff primary physical and legal custody of the subject child
for the following reasons:
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.
b. The Defendant refuses to cook for the child or the
family, The child often eats dinner at the Plaintiff's mother's
house before coming home, in spite of the fact that the Defendant
is heme all day.
c. The defendant has no patience with the child, who is 5
years old, Defendant often loses temper and curses at child.
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 providin~
normal nutrious meals for the child.
Plaintiff spends every free waking hour with the child.
3, Plaintiff and plaintiff's family can and do provide a
sta'b[e enviroment, a set routine for discipline and a loving
extended family to nurture his needs.
Wherefore the Plaintiff prays that this Hono:rable Court
Grant }'lis petit;ion for primary physical and legal custody of his
son, Michael J.
Daniel Pollock, Esq.
31(35 Old Gettysburg Road
Camp Hill, Pa. ~7011
Pa Super. I¢i. '7031£)
(717) 737-7586
Respectfu.l. ly Submitted,
Daniel Pollock, Esq.
I verify that the statements made in this complaint are true
and correct to the best of my knowledge. £ understand 'that false
statements knowingly made herein are subject to the penalties of
18 Pa. C.S.
authorities~
4904 relating 'to unsworn falsifications to
Jim Cuomo
JIM CUOMO : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
01-6969 CIVIL ACTION LAW
BARBARA RLrDy
DEFENDANT : IN CUSTODY
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, Meehanicsburg, PA 17055 on Wednesday, January 09, 2002 at I:00 PM
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 ora 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 THE COURT,
By: /s/
Dawn S. Sunday. 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
IAR 1 4 2003
JIM CUOMO :
Plaintiff :
:
VS. :
..
:
BARBARA RUDY :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-6969
CIVIL ACTION LAW
IN CUSTODY
ORDER
AND NOW, this 19TM day of February~ 2002 , the conciliator, being advised by
plaintiff's 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.
Date
FOR THE COURT,
Custody Conciliator
JIM CUOMO
Plaintiff
V.
BARBARA RUDY
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-6969
: 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:
e
Se
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.
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.
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.
One child has been born to the parties, their son, namely MICHAEL
JAMES CUOMO, hereinafter referred to as MICHAEL, born January 15,
1998.
The parties were never married to each other.
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
e
10.
11.
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 335'72
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.
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.
Plaintiff is a fit and proper person to have custody of their minor child,
MICHAEL.
It is the minor child's best interest that custody be awarded to Plaintiff.
It is in the best interest of the minor child that he be with his Father, his
primary caretaker and with the Father's fami#y, located in central
Pennsylvania.
2
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.
Date:
RESPECTFULLY SUBMITTED,
By: ~
Atty. I. D. No. 34832
355 N. 21st St., Ste. 205
Camp Hill, PA 17011
717-761-3459
Attorneys for Plaintiff
3
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. § 4904 relating to unsworn falsification to
authorities.
'-~J IM CUOM~
JAMES T. CUOMO, Plaintiff
Date:
RAWLE & HENDERSON LLP
By: Timothy J. Abeel
Delia Clark
Identification Nos.: 23104/54656
The Widener Building
One South Penn Square
Philadelphia, PA 19107
(215) 575-4200
Attorneys for Defendants,
Schneider National, Inc.,
Schneider National Carriers, Inc.
and Johnny Scott Weigher
COURT OF COMMON PLEAS
DIANE KIRKHUFF, Individually and as the
Personal Representative of the Estate of
MILES KIRKHUFF II,
Plaintiff,
VS.
DARRYL LEE LOWERY, D.M. BOWMAN,
INC., SCHNEIDER NATIONAL, INC.,
SCHNEIDER NATIONAL CARRIERS,
INC., HERBERT W. FARENKOPF, DAVID
KISTLER AND GRANDSON, INC., DAVID
K. DELONG and JOHNNY SCOTT WEIGNER,
Defendants,
VS.
CUMBERLAND COUNTY, PA
NO.: 2001-07126
SCHNEIDER NATIONAL CARRIERS, INC.,
HERBERT W. FARENKOPF, DAVID KISTLER
AND GRANDSON, INC., DAVID K. DELONG,
and JOHNNY SCOTT WEIGNER,
Additional Defendants.
DEFENDANTS' RESPONSE TO PLAINTIFF'S REPLY MOTION TO DISMISS
SCHNEIDER NATIONAL, INC.
OR IN THE ALTERNATIVE MOTION IN LIMINE
TO EXCLUDE ANY REFERENCE TO SCHNEIDER NATIONAL INC.
Defendants, Johnny Scott Wmgner ( Welgner ), Schneider National Carders, Inc. and
· " e ' ts"
Schneider National, Inc. (hereinafter th Schneider defendan ), by and through their counsel,
Rawle & Henderson LLP, hereby respond to Plaintiff's Reply as follows:
Plaintiff's Second Amended Complaint alleged that at the time of the accident, Weigner
was acting within the scope of his agency with Schneider Nati°nal Carriers' Inc' Plaintiff also
alleged that Schneider National, Inc. was the principal of Weigher under a written lease.
859986 v.1
agreement.
In its Answer to the Second Amended Complaint, SNC admitted that at the time of the
accident, Weigner acted within the scope of his agency for SNC as an independent contractor
pursuant to the Independent Operator Agreement. Schneider National, Inc. denied that it had any
relationship with Weigher. The Independent Operator Agreement was between SNC and
Weigner because SNC holds the federal D.O.T. permit under which Weigher operated his
tractor. The agreement unequivocally established that Schneider National, Inc. was not a party
to the Independent Operator Agreement. Schneider National, Inc. does not have a federal D.O.T.
permit to operate or engage in commercial transportation. Schneider National, Inc. neither
supervised nor controlled Weigner during his work as an independent contractor for SNC.
There was no relationship between Weigher and Schneider National, Inc.
Pennsylvania is a fact pleading state. _Slevin v. Kelshaw_, 417 Pa. Super. 1, 611 A.2d
1232 (1992). Plaintiff's Second Amended Complaint stated as required the material facts upon
which her cause of action was based. Pa. R.C.P. 1019(a). Material facts are those facts which
are essential to show the liability sought to be enfomed. Hess v. M. Aaron Co., 4 Pa. D & C.3d
153 (C.P. 1977), E_E_ttinger v. Grossman, 1 Pa. D & C.2d 237 (C.P. 1955). In the present case,
plaintiff alleged that _only an agency relationship existed. SNC has admitted that Weigner was
operating his tractor trailer in the furtherance of its business. Plaintiff's reply to defendant's
SNC's Motion in Limine presents no evidence that Schneider National, Inc. was the "principal"
in the lease agreement. The cover page to the lease agreement is not evidence of a relationship
between Schneider National, Inc. and Weigner because the lease agreement clearly identifies the
parties to the lease and the obligations of the respective parties to each other under the lease
agreement. The lease agreement was between "Schneider National Carriers, Inc. a wholly owned
859986 v.l 2
subsidiary of Schneider National, Inc." and the independent contractor. The lease is signed by
the Director of Independent Recruiting for Schneider National Carriers, Inc. Additionally,
Exhibit B to the lease agreement clearly identifies SNC. ~
Plaintiff argues that procedurally this was a matter for Preliminary Objections.
Schneider National, Inc. is the holding company, or parent company, of SNC. Schneider
National, Inc. is not a motor carder as defined by the Federal Motor Carrier Safety Regulations §
390.5. A motor carder includes its agents, officers and representatives as well as employees
responsible for hiring, supervising, training, assigning or dispatching of drivers.
SNC was responsible for hiring, supervising, assigning and dispatching Weigner.
To the extent that Schneider National, Inc. may have provided services to SNC, it did so as an
agent of SNC. The Regulatory Department is not involved in the supervision or monitoring.
The Regulatory Department seeks to ensure compliance with the Federal Motor Carrier Safety
Regulations. Plaintiff has failed to cite any testimony which supports an agency relationship
between Schneider National, Inc. and Weigner. Additionally, plaintiff has conceded in her
response to the Motion, that she cannot pierce the corporate veil. Therefore, any reference to
Schneider National, Inc. will only confuse the jury and lengthen the trial. Additionally, there is a
substantial risk of prejudice to SNC. Plaintiff should be precluded from referring Schneider
National, Inc because she has produced no proof to substantiate her allegations in the Second
Amended Complaint.
For the foregoing reasons, Defendants respectfully request this Court grant the Motion to
1 The Court will recall at the hearing on December 20, 2002, the defendants were advised that preliminary
objections would be denied and plaintiff would be permitted to conduct discovery on which organization monitored
and supervised Mr. Weigner.
859986 v.1 3
Dismiss or the alternative preclude any reference to Schneider National, Inc. at trial.
RAWLE & HENDERSON LLP
Delia Clark
Analisa Sondergaard
Attorneys for Defendants,
Schneider National Inc.,
Schneider National Carders, Inc.
and Johnny Scott Weigner
Dated: August 25, 2003
859986 vA 4
CERTIFICATE OF SERVICE
I hereby certify that on today's date I served a true and correct copy of the foregoing,
Defendants' Reply to Plaintiff's response to the Motion To Dismiss Schneider National, Inc. Or
In The Alternative Motion In Limine To Exclude Any And All Reference To Schneider
National, Inc. via Facsimile upon all attorneys of record, addressed as follows:
Jane Roach, Esquire
726 Ann Street
Stroudsburg, PA 18360
Kimberley J. Woodie, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
1845 Walnut Street
Philadelphia, PA 19103-4797
John T. Pion, Esquire
Dickie, McCamey & Chilcote
Two PPG Place, Suite 400
Pittsburgh, PA 15222
RAWLE & HENDERSON LLP
Dated: August 25, 2003
859986 v.1 5
JIM CUOMO,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V=
BARBARA RUDY,
DEFENDANT
: 01-6969 CIVIL TERM
ORDER OF COURT
'~---~ _day of August, 2003, IT IS ORDERED that a
AND NOW, this _
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 Michael James Cuomo,
Edgar B. Bayley, J. /
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
:sal
JIM CUOMO : IN THE COURT OF COMMON PLEAS Ot7
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
01-6969 CIVIL ACTION LAW
BARBARA RUDY :
: IN CUSTODY
DEFENDANT
ORDER OFCOURT
AND NOW, Thursday, August 28, 2003 _, 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, Mechaniesburg, 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 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 ali existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/
Dawn S. Sunday. Esq,
Custody Concil[ator
The Court of Common Pleas of Cumberland County is required by law to comply with the Amer/cans
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 TItlS 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
JIM CUOMO,
PLAINTIFF
V.
BARBARA RUDY,
DEFENDANT
· IN THE COURT Of COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 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·
Edgar B. Bayley, J. t
Richard C. Rupp, Esquire
For Plaintiff
Jessica Diamondstone, Esquire
For Defendant
Dawn Sunday, Esquire
Custody Conciliator
:sal
SHERIFF'S RETURN -
CASE NO: 2001-06969 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUOMO JIM
RUDY BARBARA
VS.
U.S. CERTIFIED MAIL
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named RESPONDANT ,RUDY BARBAP~A ,
by United States Certified Mail postage
prepaid, on the 26th day of August
913 APOLLO BEACH BLVD APT 73
APOLLO BEACH, FL 33572
and attested copy of the attached PETITION
with
receipt card was signed by BARB RUDY
08/29/2003
Additional Comments:
,2003 at 0000:00 HOURS at
a true
Together
The returned
on
Sheriff's Costs:
Docketing 18.00
Cert Mail 4.88
Affidavit .00
Surcharge 10.00
.00
32.88
~ R. ~mas Kline
Cumberland County
Paid by RUPP & MEIKLE
an
Sworn ~ subscrib~ to before me
this /~ day of .~
on 09/08/2003
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 $ 18.00
Poundage 2.70
Advertising 30.00
Law Library .50
Prothonotary 1.00
Mileage 2'7.80
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale 30.00
Garnishee
TOTAL $ 150.00
Advance Costs: 150.00
Sheriff's Costs: 150.00
000.00
Refunded to Atty on 9/09/03
Sworn and Subscribed to before me
this ]~ day of
2003 A.D. Q~ ~t,v~
Pro~ohotary
So Answers: .
· Compl~te~Jtems ~i, 2, and 3. Also complete A
item 4 if Restricted De~)ver,y is desired. ¥ ~ ~.~ ~/. t ~ Agent
so that we can return the card to you. B. R~ive~ bv (P~n~ed Name~ ~r-, J:~e of ~{Ivec~
· Affach this ca~ to t~ ~k of the mail~e, _~ __ ~ ~r~'
or on the ~nt ~ s~ce ~rmits. I ~" } ~
1. ~ A~ to: If YES, ~ter deli~ a~ ~w: ~ NO
Barbara Rudy
913 Apollo Beach Blvd
Apt 73
Apollo Beach, F~ 33572
Form 3811, August 2001
l-I Registered r~ Return Receipt fo~' Merchandise
1'3 l~sured Mail ~] C.O.D.
4. Restricted Dei{ve~/? (Extra Fee) ~'1 Ye~
7002 2410 0007 8504 ~r'~Sq'
Dome~tl~ R~iJrn Receipt
01-6969 civ
103595-02-M-1035
JIM CUOMO,
Plaintiff
VS,
BARBARA RUDY
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-6969 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The parties shall submit themselves, their minor Child ~md any other individuals deemed
necessary by the evaluator to a custody evaluation to be performed by either Stanley Schneider 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, bom January 15, 1998. Each parent shall have an equal right, to be exemised
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 o£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 ~Io school.
Over the Thanksgiving holiday in Florida from Thanksgiving Day at 3:00 pm
through the evening before the day on which school resumes.
Over the Christmas holiday in Pennsylvania from Christmas Day at 4:00 pm, when
the Father shall pick up the Child in Florida, through De. cember 31 at 12.00 no
..... ,and _, ~ ~ an ~^n through January 3r° at 12'00 noon The Mother
anu ri'om janulaly z, at l~vu ~lvv ...... ,~ ~ · '
shall have custody of the Child in Pennsylvama for the period from December 31
at 12:00 noon through January 2nd at 12:00 noon.
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.
During the President's Day weekend in Florida, or comparable extended weekend in
February, from Friday evening or Saturday morrdng through Tuesday morning,
when the Father shall transport the Child to school.
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 ~firline 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.
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.
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.
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 1, 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 corupletion of the custody evaluation
without interfering with the Child's school attendance.
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 of the
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 of this Order shall control.
BY THE COURT, ?
Edgar B. l~ay'l'e3 {N J.
/
cc: Richard C. Rupp, Esquire - Counsel for Father ~ .ov~.~
Jessica Diamondstone, Esquire and Grace D' Alo, Esquire - Counsel for Mother
JIM CUOMO,
VS.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-6969 CIVIL ACTION LAW
BARBARA RUDY
Defendant
IN CUSTODY
Prior Judge: Edgar B. Bayley
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
follows:
NAME
Michael James Cuomo
The pertinent information concerning the Child who is the subject of this litigation is as
DATE OF BIRTH
January 15, 1998
CURRENTLY IN CUSTODY OF
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.
Date
4. The parties agreed to entry of an Order in the form as attached.
Dawn S. Sunday, Ecqmre--~
Custody Conciliator
JIM CUOMO,
Plaintiff
BARBARA RUDY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01 - 6969
:
: CIVIL ACTION -- LAW
: IN CUSTODY
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of John J. Connelly, Jr., Esquire on behalf of the Plaintiff,
Jim Cuomo, in the above-captioned action.
Date:
~.CormXetty, Jr., Esqmre k \
Hershey, PA 17033
(717) 533-328,0
PA I.D. No. 15615