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HomeMy WebLinkAbout01-2685 STANLEY E. RUDISILL, : IN THE COURT OF COMMON PLEAS (Orandfather/Plaintit~ : CUMB~ COUNTY, PENNSYLVANIA ; v. : NO. KEVIN E. RUDISILL, S~, CIVIL ACTION - LAW (Father/DefoMant) : CUSTODY ; STAlq{ F.y E. RUDISII .I. : IN THE COURT OF COMMON PLEAS (Grandfather/Phintiff) : CUIVlBERLAND ; v, : NO. : CHRISTY T. MOONEY : CIVIL ACTION - LAW (Mother/Defendant) : CUSTODY COMPLAINT FOR CUSTODY UNDER SECTION ~313 OF ~ DOMESTIC llELATIONS CODF, 1. The Plaintiff is Grandfather, Stanley E. Rudisill, residing at 424 Fairway Drive, Mechanicsburs, PA 17055, Cumberland County. 2. The De~enda~s are: Father, Kevin E. Rudisill, Sr., residing at 420 Fairway Drive, Mechanic, sbur~ PA 17055, Cumberland County and Mother, Christy Mooney, residing at 5909 Cottage Street, Philadelphia, PA 19135. 3. Plaintiff seei~ legal and primary physical custody of the following children, his 8randchildren: Kevin E. Rudi,ill, Jr. 424 Fairway Drive ABe 3 Mechanicsbur~ PA 17055 DOB 10/I/97 Katelyn E. Rudisill 424 Fairway Drive A~e 2 Mechanicsbur& PA 17055 DOB 11/6/98 The childrea were both bom out of wedlock. The children are presently in the custody of C-nmdfather 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. Rudislll, Sr. (Father)420 Fairway Drive 10/97 - 2/98 Christy T. Mooney (Mother) Mechanicshu~ PA 17055 Martha Rudisill (Grandmother) Kevin E. Rudisill, Sr. (Father)424 Fairway Drive 2/98 - 2/00 Christy T. Mooney (Mother) Mechanicsburg, PA 17055 Stanley RudisiH (Grandfather) Stanley Rudisill (Grandfather) 424 Fairway Drive 2/00 - present Mechanicsbur~ PA 17055 Kevin E. Rudis/ll, Sr. (Father)424 Fairway Drive 11/98 - 2/00 Christy T. Mooney (Mother) Mechanicsburg, PA 17055 Stanley Rudisill (Grandfather) Stanley Rudi~lll (Grandfather) 424 Fairway Drive 2/00 - present Mechanicsburg, PA 17055 The mother ofthe children is Christy T. Mooney, currently residing at 5909 Cott~e Street, Philadelphia, PA 19135. She is single. The father of the children is Kevin E. Rudisill, Sr., currently residin~ at 420 Fairway Drive, Mec, haniesbur~ PA 17055. He is single. 4. The relationship of Plaintiff to the children is that of Grandfather. The Plaintiff curr~tly resides with both children and no one else. 5. The relationship of Defendants to the children is that of Mother and Father. The De~ndants currently reside with the following pe~ons: Kevin E. Rudis~ll, Sr. Marthe Ann Rudisill (his) mother Christy Mooney John I-lit~hins paramour 6. Plaintiff has not participated a~ a party or witne~, or in another capacity, in other litil~ion concemin8 the ~ustody of the children in this or another court. Plaint~ha~ no information of a custody pro~eding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know ofa penmn not a pray to the proceedi~s who has physical custody of the children or claims to have custody or visitation rishts with respect to the children. 7. The heat interest and pemmnent welfare ofthe children will he served by 8rantin8 the relief requested because: a Grandfather has shown genuine care and concern for the children and desires to ensure theh- safety and well-being for the future. b. Grandfather haa been sole and entire support ofthe chiidre~ since February, 2000. He has provided food, clothing, shelter, medical care, day caredpreachooling and social c. Katelyn was diagnoaed with juvenile rheumatoid arthritis in April, 2000. The costs associated with this illness, including hospit, li~,ntlon, physician care, extensive lab testing, and medications have been substantial. Grandfather has been paying ali of these costs out o£ pocket without contribution from either parent ofthe 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, covernge was terminated 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 if he 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 Grandfathe~ for an alleged visit on or about February 28, 2000. The following day Grandfather contacted Mother and asked ifhe should make all arrangements for the children to stay with him. She replied yes and has had minimal or no contact with the children since that date. Father fives two houses away from the children and their Grandfather/his father and has never removed them from Gnmdc~ther's custody. f. Grandfather has had sole custody of both children since February, 2000. 8. Each parent who~e 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. 9. As indicated by the attached Stip,!nt~on. sisned by Plainti~ and both Deflmdants~ Mother and Father (Defimdants) have asreed to 8rant iesai and p~*~y physical custody of'the minor children to Grandfather (Plaintiff). WttER~ORE, Plaintiffrespecffully requests this Honorable Court to ~ legal and primary physical custody of the children to Pl~inti~. Fetterhotf and Zilli 200 North Third Street, Suite 800 Harrisburg, PA 17101 (717) 232=7722 I verity that the statements made in the foveBoing document a~e tnle and correct to the be~t ot my Imowled~e. unde~ttndinE and belie£ I und~.-~tdnd that raise statemmts herein are made subject to the penalties of' la Pa. C.S. §4904 relatin~ to unswom fldsiflcation to authorities. STANLEY E. RUDISILL, : XN THE COURT OF COMMON PLEAS (Grandfather/Plaint~ : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. .. KEVIN E. RUDISH.I., SR., : CIVIL ACTION - LAW (Father/Defendant) : CUSTODY : : STANLEY E. RUDISt'[ .L : ]N THE COURT OF COMMON PLEAS : v. : NO. : CHRISTY T. MOONEY : CIVIL ACTION - LAW (Mother/DefendS) : CUSTODY The parties to this action agree as follows: 1. Grandfather (Stanley E. Rudisill) shah have sole leg, al custody of the children. 2. Grandfather shall have prin~ physical custody of the children. 3. Father (Kevin E. Rudisill, Sr.) ~h~ll have temporazy physical custody of the children accordin~ to a schedule on which he and Grandfather mutually aBree. .4. Mother (Christy T. Mooney) shall have temporary physical custody of the child~n accurdm8 to a schedule on which she and Grandfather mutually agree. 5. Father/Mother ,hnll always have the Hsht of temporary physical custody on Father' s Day/Mother's Day, if they wish to exercise same, upon 48 hours' notice to Grandfather. The rights of temporary physical custody shall be exe~cls.,:d Bom 12 noon until 6:00 p.m., unless otherwise agreed to between Mother/Father and Grandfather. 6. Transportation of children at the besinnin~ 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 pessenl~' restraints. 7. Grand,tuber shall be permitted to travel with the children. Whenever he intends to be absent R)r more than seven days, however, he ,hnl! be oblisated to notify both parents of his intended departure at least 48 hours in advance thereof and to provide both parents with the eddress and/or phone number ofhis destination(s). 8. Grandfather a~rees to permit both parents telephone access to the children at any reasonable time and for any reasonable length of time. 9. Gran~athe~ a~rees that in the presence of the children he shall take all appropriate measures to foster a fl~..lin8 ot'a~'ection between the children and the parents. 10. Grandfather agrees to keep both parents informed o~' all signt6cant events in the children's lives. Christy .~nay CERTIFICATE OF SERVICE A true and correct copy ofthe 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. 7000 0600 0028 3157 6412 420 Fairway Drive Mechanicsburs, PA 17055 Ms. Christy T. Mooney 7000 0600 0028 3157 6429 c/o R. Mooney 1826 East Cornwall Street Philadelphia, PA 19134 Date Marilyn C. Zilli,.Esquire Fetterhoff and Zilli 200 North Third Street, Suite 800 Harrisburg, PA 17101 (717) 232-7722 ruer (${auley E. lb{dis/{{) sh~{ ha- . . ~ follows: 2. Grandfather shall ha- · . ye sole le,8~ custody of the children. ve Primary Physical custody of the children. 4. Mother (Christy T lVioouey) shall have tempor~ phymica{ ~ustody of the ddldren a~rd~ to a mcJ~dule on whi~ ~e ~ud Or~udtath~ mutu~ly asree. $' Father/Mother ave _D.,a:v/Mo&er., Day, it'th..~r.~.m?{_ ~{way~ h the ri,~ of.--- . ~.?q' H,~ca{ cu . ~e ~ame, upon 48 ,, .... , ~pn~aU cu~x{,,o,, ,~-,,---, st. ody shall · .,,~us noti - -- "- ~.mr s asreed to be exera ce to ~+ran oetween Mother/Fn-~- - sed ~'om 12 =- - dl]uher The · - aurar and I~.,~..~-.~ ~,uo~ Until 6'00 - -- · · am nBnts ~,~,,uz~tned'. ' p.m., UZl/~ oth~rw{~ . . 6. Transportation of children at the beginni and p~ysical custody shall be shared ~-- ~ · n~ end of all periods of temporary appropriate Passenger restraints, oy me pm'ties. At all times the clLiJdren shall be secured iff · moFe than seven ' drefl, erhe m days, howev~, he slmll · · intends to tended departure at least 48 hoursin- ~ _ _ .be obligated to notify both ""-"'s -~" or phone number of his destination(s) aaa to pm,fide both parents with the address 8.. Grandfathe~ shall I~-a,;t both intents · xer a ~.Ung oraffection between th · _ father ~ take ~ appropriate e children and the paFeflzs, measures to 10. Grndfather sludl lives, keep both parents informed ofall significant events in the children's By tho Court: