HomeMy WebLinkAbout01-3509
DONNA S. RUDY
PLAINTIFF
V.
ELIBERTO TAPIA
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
01-3509 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW,
~onday,June11,2001
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before ~elissa P. Greevy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, P A 17011 on ~onday, July 02, 2001 at 11 :00 A.~
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/
Melissa P. Greevy, Esq1JP
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
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JUN 0 7 200J/:J
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DONNA S. RUDY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CIVIL ACTION - CUSTODY
ELIBERTO TAPIA,
Defendant
NO. 01- 35Cfl
ORDER OF COURT
AND NOW, 2001, upon consideration of
the attached complaint, it is hereby directed that the parties
and their respective counsel appear before
the conciliator, at on the
day of , 2001, at _.m.,
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.
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 facilities and reasonable
accommodations available to disabled individuals having business
before the court, please contact our office. All arrangements
must by made at least 72 hours prior to any hearing or business
before the court. You must attend scheduled conference or
hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER 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
717-249-3166
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NOT ICE T 0 D E FEN D
You have been sued ln court. If you wish to defend against
the clai~s set forth ln the following pages, you must take
action within twenty (20) days after this complaint and notice
are served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed ln the complaint or for any other
claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER 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
717-249-3166
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Ma A. Ett r Dlsslnger, squlre
Attorney for Plaintiff
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EMERGENCY COMPLAINT FOR CUSTODY
1. Plaintiff is Donna S. Rudy, residing at 217 Wyoming Avenue,
Enola, Cumberland County, Pennsylvania 17025.
2.
Defendant lS Eliberto Tapia, residing at
Turbotville,
Montour County, Pennsylvania 17772.
3. Plainti ff, Donna S. Rudy, seeks custody of the following
child:
Name
Brandon E. Tapia
Present Residence
217 Wyoming Avenue
Enola, Pennsylvania 17025
Age
3 years
4. The child was born out of wedlock.
5. The child is presently in the custody of Plaintiff, Donna S.
Rudy who resides at 217 Wyoming Avenue, Enola, Cumberland County,
Pennsylvania 17025.
6. During the past five years, the child has resided with the
following persons at the following addresses:
Persons
Addresses
Date
Donna S. Rudy
Brandon E. Tapia
217 Wyoming Avenue
Enola, PA 17025
February 2001
to present
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Donna S. Rudy 217 Wyoming Avenue June 2000 to
Brandon E. Tapia Enola, PA 17025 February 2001
Eliberto Tapia
Donna S. Rudy 217 Wyoming Avenue Jan. 23, 1998
Brandon E. Tapia Enola, PA 17025 to June 2000
7. The mother of the child is Plaintiff, Donna S. Rudy, who
currently resides at 217 Wyoming Avenue, Enola, Cumberland County,
Pennsylvania 17025.
8. Plainti ff 1S single.
9. The father of the child 1S Defendant, Elibert Tapia, who
currently resides at Turbotville, Montour County, Pennsylvania
17772.
10. Defendant is single.
11. The relationship of Plaintiff to the child is that of Mother.
The Plaintiff currently resides with no one other than the child.
12. The relationship of Defendant to the child is that of Father.
Plaintiff does not know with whom the Defendant currently resides.
13. Plaintiff has not participated as a party or witness, or in
another capacity, in other litigation concern1ng the custody of
the child in this or another court.
14. Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
15. Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
11--
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16. The best interest and permanent welfare of the child will be
served by granting the relief requested because she has been the
primary care giver and can provide a more stable environment
wi thin which the child will grow and flourish, and Defendant,
Eliberto Tapia, is a Mexican national and has recently threatened
to take the child to Mexico and let his family raise the child.
17. Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child
have been named as parties to this action. All other persons,
named below who are known to have or claim a right to custody or
visitation of the child will be given notice of the pendency of
this action and the right to intervene: NONE.
WHEREFORE, Plaintiff requests the Court to grant custody of
the child to Plaintiff, Donna S. Rudy.
Respectfully Submitted:
DISSINGER and DISSINGER
By: ~~tJ!'~A)L-";~
Mary A. Etter Dissinger
Attorney for Plaintiff
Supreme Court I.D. #27736
400 South State Road
Marysville, PA 17053
(717) 957-3474
, I
VERIFICATION
I, Donna S. Rudy, verify that the statements made in the
Complaint for Custody are true and correct. I understand that
false statements herein are made subject to the penalties of 18
Pa.C.S. ~4904 relating to unsworn falsification to authorities.
~&L'~'-{?~
Donna S. Rudy, Plai iff
DONNA S. RUDY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ELIBERTO TAPIA
: NO. 2001-3509 CIVIL TERM
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this 7TH day of JUNE, 2001, upon consideration of the attached
Petition for Special Relief, we enter the following temporary order:
1.) The parties shall have joint legal custody of their three (3) year old child
Brandon E. Tapia.
2.) Mother, Donna Rudy, shall have primary physical custody subject to periods
of partial physical custody with Father Eliberto Tapia. Topic as agreed upon
by the parties.
3.) Plaintiff Mother's counsel is directed to schedule this matter for custody
conciliation immediately. She shall also serve Defendant with a copy of this
Order and the Petition upon which it is based.
Pending further Order of Court neither party shall remove the child from this
Courts jurisdiction.
By the Court,
-fQ./
Eliberto Tapia
Natural Father
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cc: Mary A. Etter Dissinger, Esquire
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DONNA S. RUDY,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CIVIL ACTION - CUSTODY
ELIBERTO TAPIA,
Defendant/Respondent
NO. QI- 5507
EMERGENCY ORDER
AND NOW this
day of
2001 upon
consideration of the Emergency Petition For Special Relief,
primary legal and physical custody lS hereby granted to the
Plaintiff/Petitioner, Donna S. Rudy.
By the Court,
J.
II
DONNA S. RUDY,
Plaintiff/Petitioner
vs.
ELIBERTO TAPIA,
Defendant/Respondent
AND NOW this
day of
hearing on the within Emergency Petition For Special Relief is
day of
scheduled
for
r
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. u ( - '3 50 7 ( ( t / L
ORDER
2001 a
the
2001, at
.m. In Court Room
Number
o'clock
of the Cumberland County Court House.
By the Court,
J.
"
,-
DONNA S. RUDY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CIVIL ACTION - CUSTODY
ELIBERTO TAPIA,
Defendant
NO. 01- 5 S' c~ 7 C I" i C
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You have been sued In court. I f you wish to ciBt:.$ncr-agai'l)?t
Pc' lD ,~,"
the claims set forth in.. the following pages, you mu~ t!j.fe 35
action within twenty (2U) days after this complaint and~not~ce
are served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed In the complaint or for any other
claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
NOT ICE
T 0
o E FEN 0
. ~-'J
,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER 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
717-249-3166
\"/A/;/t r (;; (1,1' ..{ <:! .
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Mary A. lEtter Dissinge' , Esquire
Attorney for Plaintiff
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DONNA S. RUDY,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CIVIL ACTION - CUSTODY
ELIBERTO TAPIA,
Defendant/Respondent NO.
EMERGENCY PETITION
FOR SPECIAL RELIEF
AND NOW COMES Plaintiff/Petitioner, Donna S. Rudy, by and
through her attorneys,
Dissinger and Dissinger,
and seeks
Emergency Relief from the Court, and in support thereof avers as
follows:
1 .
Petitioner is Donna S. Rudy.
Respondent is Eliberto
Tapia.
2. Plaintiff/Petitioner has filed an Emergency Complaint
For Custody to the above Docket Number the same date on which this
Petition For Special Relief has been filed.
3. Plaintiff/Petitioner incorporates herein, by reference,
all allegations set forth in the Emergency Complaint For Custody.
4. Father is a Mexican national who resides at a migrant
camp in Turbotville, Montour County, Pennsylvania, 17772, at an
address unknown to Plaintiff/Petitioner.
, ,
1-
5. The Defendant/Respondent, Eliberto Tapia, has his mail
sent to an address on Swatara Street, Harrisburg, Dauphin County,
Pennsylvania, but that is not where he resides.
three
there
6. The Defendant/Respondent has threatened to take the
(3) year-old child with him to Mexico and leave the child
with his family.
7. Defendant/Respondent, Eliberto Tapia, has been jailed at
least three (3) times within the knowledge of Plaintiff/Petitioner
for charges such as:
a. Hitting a former girlfriend.
b. Discharging a firearm while intoxicated.
c. Beating and raplng another girlfriend, for which he
served eight (8) to nine (9) months in jail, most
recently.
8. Defendant/Respondent has recently purchased a motor
vehicle and used Plaintiff/Peti tioner' s address for licensing
purposes.
9. Defendant/Respondent does not hold a Pennsylvania
driver's license, but rather a Mexican driver's license.
10. Defendant/Respondent and his whereabouts will be
difficult to determine, in the event he removes the child from the
jurisdiction of this Court. In the event that happens, it lS
unlikely the Plaintiff/Petitioner will see her child again.
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WHEREFORE, Petitioner respectfully requests the Court to
enter an Emergency Order granting her primary legal and physical
custody, or in the alternative, scheduling a hearing immediately
on the within Petition and then scheduling a Custody Conference to
determine prospective custodial arrangements.
RESPECTFULLY SUBMITTED:
DISSINGER AND DISSINGER
BY:~/t~O!~~~C~'
Mary A. tter Dissinger uI
Attorney for Plaintiff
Supreme Court ID # 27736
400 South State Road
Marysville, PA 17053
(717) 957-3474
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VERIFICATION
I, Donna S. Rudy, verify that the foregoing facts are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn
falsification to authorities.
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onna S. Rudy
DONNA S. RUDY,
Plaintiff
vs.
ELIBERTO TAPIA,
Defendant
.. .
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 01-3509
AFFIDAVIT OF MAILING
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PERRY
ss
Mary A. Etter Dissinger, the attorney for Plaintiff, being
duly sworn according to law, says that she mailed by certified,
restricted mail, return receipt requested, a true and correct copy
of the Custody Conciliation Conference Order, June 11,2001,
scheduling a conference for July 2, 2001 at 11:00 AM in this
action to the Defendant at his residence, and that Defendant did
receive same as evidenced by the signed receipt attached hereto as
Exhibi t "A".
Sworn to and subscriped
before e this 3f day
of , 2001.
Nd
'.-~~"!::-:::'7Zl.nlr.~_~
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Mary A. Etter Dlsslnger
Attorney for Plaintiff
400 South State Road
Marysville, PA 17053
717-957-3474
Comple.te items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your 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 Addressed to:
[h\:'t,b TOflCl.-
7Cfi.& f(e-::'e(ze~
l'.ct\.n \l , \ \ t, PI\ Il "6";,1 \
RESTRICTED
DELIVERY
x
D. Is delivery address different from item 1?
If YES, enter delivery address below:
3, Service Type
t:;il Certified Mail
o Registered
o Insured Mail
o Agent
o Addressee
DYes
o No
o Express Mail
o Return Receipt for Merchandise
o C,O.D.
4. Restricted Delivery? (Extra Fee)
2, Article'Number (Copy from service label)
7CflCf Y'lm (lXJ':J 4/,1/ 5<t4,)
PS Form 3811 , July 1999 Domestic Return Receipt
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EXHIBIT "A"
Yes
1 02595-00,M-0952
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DONNA S. RUDY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CIVIL ACTION - CUSTODY
ELIBERTO TAPIA,
Defendant
NO. 01-3509
AFFIDAVIT OF MAILING
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF JVUl~r'
Mary A. Etter Dissinger, the attorney for Plaintiff, being
duly sworn according to law, says that she mailed by certified,
restricted mail, return receipt requested, a true and correct copy
of Plaintiff's Complaint for Custody in this action to the
Defendant at his residence, and that Defendant did receive same as
evidenced by the signed receipt attached hereto as Exhibit
IIA" .
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Mary A. Etter Dlsslnger
Attorney for Plaintiff
400 South State Road
Marysville, PA 17053
717-957-3474
--'
Sworn to and subsc~bed
befor~ this l~ day
of <.-C , 2001.
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Nota Public
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t~CT
LEiGH Mit ~
MafY:;vU;O
My Commi3:,'c;n
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Complete items 1, 2D~DrI~~ E
item 4 if Restricted [ft~ Ie.''')
. Print your name and adlfi~RY
so that we can .return th o.
. Attach this card to the \:j cl< e mal piece,
or on the front it space permits.
1. Article Addressed to:
Eli b~ C1V -ro'r: c,
7 C, G Pc e ~~ f LQ I,d
Do. ~ 'v. \ \p I Pa I 7 f A I
D. Is delivery address different from item 1?
If YES, enter delivery address below:
3. Service Type
Jiil.Q.,ertified Mail
o Registered
o Insured Mail
o Agent
o Addressee
DYes
o No
o Express Mail
o Return Receipt for Merchandise
o C,O.D.
4. Restricted Delivery? (Extra Fee)
2. Article Number (Copy from service label) 5 '
7Ui'13y()O OCiC:l..yr.,<j1 J'I/
PS Form 3811, July 1999 Domestic Return Receipt
EXHIBIT "A"
Yes
102595-00-M-0952
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Plaintiff
.JUt 1 22001f!;
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
"
DONNA S. RUDY,
vs.
NO. 01-3509
ELlBERTO TAPIA,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this (~{.-(, day of July, 2001, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Custody. The parties, Donna S. Rudy and Eliberto Tapia, shall have shared
legal custody of their three-year-old Son, Brandon E. Tapia. 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 Pa. C. S. 9 5309, each parent shall be
entitled to all records and information pertaining to the Child including, but not limited to,
medical, dental, religious or school records, the residence address of the Child and of the
other parent. To the extent one parent has possession of any such records or information,
that parent shall be required to share the same, or copies thereof, with the other parent within
such reasonable time as to make the records and information of reasonable use to the other
parent.
2. Physical Custody. The Mother, Donna S. Rudy, shall have primary physical custody
of the minor Child.
3. Pending further Order of Court, neither party shall remove the Child from jurisdiction
of this Court.
4. Counsel for the Plaintiff shall serve the Defendant with a copy of this Order.
BY THE COURT,
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Dist: Mary A. Etter Dissinger, Esquire, 400 S. State Road, Marysville, PA 17053
Eliberto Tapia, 796 Preserzerd, Danville, PA 17821
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DONNA S. RUDY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01-3509
ELlBERTO TAPIA,
Defendant
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is
as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Brandon E. Tapia
Age 3
Mother
2. A Custody Conciliation Conference was held on July 2,2001, with the following
individuals in attendance: the Mother, Donna S. Rudy, and her counsel, Mary A. Etter
Dissinger, Esquire; the Father, Eliberto Tapia, did not attend. Counsel for the Mother served
the Complaint and Order scheduling today's Conference on the Defendant via Restricted
Delivery, Return Receipt Certified Mail. The Complaint was served and signed for on June 9,
2001. The Order scheduling the Custody Conciliation Conference was signed for by the
Defendant on June 27,2001. However, the Father did not attend the Conference which was
held from 11 :00 a.m. through 11 :25 a.m. on July 2,2001. Therefore, an Order is
recommended as attached.
1/5/01
e ssa Peel Greevy, Esquire
stody Conciliator
Date