The URL can be used to link to this page

Home My WebLink About05-5284 MICHAEL DAVID RUDY, IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- ').:< F'( CIVIL TERM KRISTIN JULIANNE PODOLSKI, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Michael David Rudy, hereinafter referred to as Father. Father's permanent residence is 1117 Clouser Hollow Road, New Bloomfield, Perry County, Pennsylvania 17068. 2. Defendant is Kristin Julianne Podolski, hereinafter referred to Mother. Mother resides at 4609 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Father seeks shared legal custody of the minor child: Name Julianne Podolski Present Residence 4609 Brian Road Mechanicsburg, P A 17006 Age 06/18/05 DOB, 4 weeks old The child, Julianne Podolski, was born out of wedlock. The child is presently in the custody of Mother. During her lifetime, Julianne has resided with the following persons and at the following addresses: Name Address Date Kristin Podolski Vincent Podolski 4609 Brian Road 06/18/05 to present Mechanicsburg, P A 17006 The parties were never married and no longer live together. 4. Mother currently resides with the following persons: Name Relationship Vincent Podolski Son Julianne Podolski Daughter by Father 5. Father lives alone. 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Julianne in this or another court. 7. Father has no information of a new custody proceeding concerning Julianne pending in a court of this Commonwealth. 8. Father does not know of a person not a party to the proceedings who has physical custody of Julianne or claims to have custody or visitation rights with respect to Julianne. 9. The best interest and permanent welfare of Julianne will be served by granting the relief requested for reasons including, but not limited to the following: a. Father can provide for Julianne's emotional, physical, educational, and medical needs. b. Father has a stable home environment that is safe and appropriate for periods of shared physical custody with Julianne. c. Father has provided care giving activities and can provide necessary day care for Julianne while Mother is at work. d. When Mother permitted Father to visit Julianne, Father actively participated, in all parenting activities. e. Father has additional immediate and extended family in the Perry County area, and Father wishes to ensure that Julianne develops a relationship with her extended family. f. Father is willing to communicate with and work cooperatively with the Mother to co-parent Julianne and will encourage both the mother/daughter and father/daughter relationship. 10. Mother has not acted in Julianne's best interest in ways including but not limited to the following: a. Mother has been arbitrary in deciding when and if Father can visit with Julianne. b. Mother prevents the healthy development of a bond between Father and Julianne by refusing to allow them to have regular contact with each other. c. Father fears that without a custody order in place, Mother will continue to deprive him of regular contact with Julianne, which will further deteriorate their relationship. 12. Every person with rights to custody or having actual physical custody of Julianne has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1. Father and Mother shall share physical custody of Julianne according to the following schedule: a. Alternating weekends from Friday evenings at 6 p.m. to Sunday evenings to 6 p.m. b. Father shall have physical custody for three overnights as follows: 1) Sundays from 6 p.m. to Monday at 6 p.m. 2) Tuesdays from 7 a.m. until Wednesday at 6 p.m. 3) Thursdays from 7 a.m. until Friday at 6 p.m. c. Mother shall have physical custody for two overnights as follows: 1) Mondays from 6 p.m. until Tuesday at 7 a.m. 2) Wednesdays from 6 p.m. to Thursday at 7 a.m. d. While Mother is working, Father will provide child care on a daily basis from 7 a.m. to 6 p.m. unless it is his overnight visit when he will keep Julianne until 6 p.m. the following day. 2. Establish an appropriate holiday schedule to allow both parties time with the Julianne. VERIFICATION The above-named PLAINTIFF, MICHAEL DAVID RUDY, verifies that the statements made in the above Complaint For custody are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.5. ~4904, relating to unsworn falsification to authorities. Date: / -'t,-~;)-0~ ~~~ MICHAEL DAVID RUDY MICHAEL DAVID RUDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05- CIVIL TERM KRISTIN JULIANNE PODOLSKI, Defendant CUSTODY AFFIDA VII OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Kristin Julianne Podolski with a Complaint For Custody on ()cJvw 7 , 2005 by certified mail, return receipt, restricted delivery, to the person and address below: Kristin Julianne Podolski 4609 Brian Road Mechanicsburg, P A 17006 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: fl.do Iv< '1, l <.XJ ') Signature: ~ /~/; / / \.. ~ -"\::; ....., ;=; c...'1 () ~" ::;1 f-'Il :;"} .- ,.1\ (1) .~) C) (-) ~-,-j I __I ::-'~ .1" :;;- ,-: t.72 ~.). \, ::::__1 ~~ o MICHAEL DAVID RUDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05- !J'':Ui't CNIL TERM KRISTIN JULIANNE PODOLSKI, Defendant : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Michael David Rudy, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. ;j.< " ," / , < J essic Is , Esquire MidPtnn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 'f ~, .v1 ..;-" ....., C::~_) I~_-) O:'::""~I C) ,-) -, o ~n :::;:J f~l ;n rifT' ~;'; (:; , ~"C) _ ..~~U :.)i-'(~ ~'-.-l t:,. :/J --< _J PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL DAVID RUDY V. 05-5284 CIVIL ACTION LAW KRISTIN JULIANNE PODOLSKI IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, Octnber 12, 2005 _, upon consideration of the altached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4thXloor, Cumberland County Courthouse, Carlisle on Thursday, October 27,_~005 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 accomplishcd, to define and narrow the issues to be heard by the court, and to emer into a temporary order. All children age five or older may also be present at the confercnce. 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: Isl Tacqueline M. Verne Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with thc Americans with Disabilites ACI of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our omce. 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 HA VE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Ilf ~ p ~ ~ 4-i9; .#~~ ~Ii, '5/ 51 ~ ~l'F'9 ~ 21 :i1 Hd Z 1 J:JD SOul n;VI'."/""'" , I\t.< :1_1.'1 "!,.-';-, ! ). "J JLll .1(\ ~, _...'_' _" _.ll \ "';".,.i :J~):+iC-(JT'\,1.) , .... ..~ .so. t'1 (J/ SO. e'/' 01 50-e/.o/ r-';,,:J-'D" C T.~~' -.. '.'.~...-~--) I''-C_o~'. ~'.' I ~ MICHAEL DAVID RUDY, Plaintiff : IN THE COURT OF COMMO : CUMBERLAND COUNTY, P OCT ::l _ iUUJ EAS OF 1fl'l V. : NO. 2005-5284 CIVIL ACTION - LAW KRISTIN JULIANNE PODOLSKI: Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ") or' day of tv~ ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Father, Michael David Rudy and the Mother, Kristin Julianne Podolski, shall have shared legal custody of Julianne Podolski, born June 18,2005. 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 her health, education and religion. 2. The parties shall share physical custody of the child on a four week alternating schedule as follows: a, Week I: beginning Sunday, October 23,2005, Father shall have physical custody on Sunday beginning at 6:00 p.m. overnight to Monday at 7:00 a,m. Mother shall have physical custody on Monday, Tuesday and Wednesday overnight to Thursday morning at 7:00 a.m. Father shall have physical custody on Thursday from 7:00 a.m. to Friday at 6:00 p.m. Mother shall have physical custody from Friday at 6:00 p.m. to Sunday at 6:00 p,m. b. Week 2: Father shall have physical custody from Sunday at 6:00 p.m. to Monday at 6:00 p,m. Mother shall have physical custody from Monday at 6:00 p.m, to Tuesday at 7:00 a.m, Father shall have physical custody of the child from Tuesday at 7:00 a.m. to Wednesday at 6:00 p.m. Mother shall have the child from Wednesday at 6:00 p.m. to Friday at 7:00 a.m. Father shall have the child from Friday at 7:00 a.m. to Monday at 6:00 p.m. c. Week 3: As indicated in Week 2 Father shall have the child until Monday at 6:00 p.m. Mother shall have the child from Monday at 6:00 p.m. to Wednesday at 7:00 a,m. Father shall have the child from Wednesday at 7:00 a.m. to Friday at 6:00 p.m, Mother shall have the child from Friday at 6:00 p.m, to Sunday at 6:00 p.m. d. Week 4: shall be the same as Week 2. )JJ',,;n(,: ..-..;,(\8 00 :8 \,l~ 11- MlH ~66l ^t\V10t~Gr1J.Ocd 3\41 :10 38!0~O"G:f1!:l ------ 3. Father shall be !he day care provider during !he week. In the event that Mother is off from work and it is one of Father's overnight custody periods, Mother shall have physical custody during the day. 4. In the event that either party is in need of babysitting during their usual day of custody, they shall contact !he non-custodial parent and offer said time to the non- custodial parent. 5. Thanksgiving shall be shared and alternated from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Mother shall have the later time in odd numbered years and the earlier time in even numbered years. Father shall have the earlier time in odd numbered years and the later time in even numbered years. 6. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon on Christmas Day to 12:00 noon on December 26. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. Notwithstanding the preceding, Mother shall always have the child on Christmas Eve from 9:00 a.m. to 6:00 p.m. 7. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day both at times agreed by the parties. 8. Each party shall be entitled to one full week in the summer provided they give the other party 30 days prior notice. 9. Transportation shall be shared such that the receiving party shall transport or as agreed by the parties. 10. The parties shall communicate regarding unresolved custody matters and keep each other informed regarding doctor's appointments and the child's activities. I I. 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. Another conciliation conference is scheduled for Thursday, January 5, 2006 at 9:30 a.m. BY THE COURT, 4d J. , Counsel for Father , "..., v~ r',."'" '.',' I.")l _....,{~::...,____,.:_I......_' ,.,' '..1----' . MICHAEL DAVID RUDY, Plaintiff I or T 3 . LUU~, : IN THE COURT OF COMMON pk~~OF~~-= : CUMBERLAND COUNTY, PENNSYLV ANIA V. : 2005-5284 CIVIL ACTION - LAW KRISTIN JULIANNE PODOLSKI: Defendant : IN CUSTODY PRIOR JUDGE: None 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 CURRENTL Y IN CUSTODY OF Julianne Podolski June 18, 2005 shared 2. A Conciliation Conference was held in this matter on October 27, 2005, with the following individuals in attendance: The Father, Michael David Rudy, with his counsel, Jessica Holst, Esquire and Mother, Kristin Julianne Podolski, with her cOlmsel, Jeffrey Boswell, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. /{, ,;it -1.1'::;- Date MICHAEL DAVID RUDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA , LI RECEIVED JAN 312006. ffl , V. : NO. 2005-5284 CIVIL ACTION - LAW KRISTIN JULIANNE PODOLSK1: Defendant : IN CUSTODY ORDER OF COURT AND NOW, this It: day of consideration of the attached Custody Conciliation follows: , 2006, upon eport, it is ordered and directed as 1. The prior Order of Court dated November 3, 2005 is hereby vacated. 2. The Father, Michael David Rudy and the Mother, Kristin Julianne Podolski, shall have shared legal custody of Julianne Podolski, born June 18,2005. 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 her health, education and religion. 3. The parties shall share physical custody of the child on a week on/week off schedule with the transfer day and time being Fridays at 6:00 p.m., except that during Father's week of custody Mother shall have physical custody of the child on alternating Wednesdays and Fridays when she is off from work from 9:00 a.m. to 6:00 p.m. Mother's week shall begin Friday, February, 3, 2006. 4. Father shall be the day care provider during Mother's week. 5. In the event that either party is in need of babysitting during their period of physical custody, they shall contact the non-custodial parent and offer said time to the non-custodial parent. 6. Thanksgiving shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall always have the earlier time and Mother shall always have the later time. 7. Christmas shall be shared such that Mother shall always have Christmas Eve from 9:00 a.m. to 9:00 p.m. and Father shall always have 9:00 p.m. Christmas Eve to 6:00 p.m. Christmas Day. " '.',''":?l;Jfl8 80 :6 tJ.\I Z- 83.:J goOl AtiVIO;'J;:jiiJ02d 3Hl :10 3:)H:!O~mll:l . 8. Mother shall have physical custody ofthe child on Mother's Day and Father shall have physical custody of the child on Father's Day both at times agreed by the parties. 9. birthday. Each party shall be entitled to a block of time with the child on the child's 10. Each party shall be entitled to one full week in the summer provided they give the other party 30 days prior notice. II. Transportation shall be shared such that the receiving party shall transport or as agreed by the parties. The parties shall continue to discuss ways to economize on transportation. 12. The parties shall discuss the child's developments and activities at least once per week. The parties shall communicate regarding unresolved custody matters and keep each other informed regarding doctor's appointments and the child's activities. 13. 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. A telephone conference may be scheduled by either party within 30 days of this Order. BY THE COURT, .~J. J. cc: Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Father Jeffrey Boswell, Esquire, Counsel for Mother ~~. ,/.o.ML. ( q.. . . MICHAEL DAVID RUDY, Plaintiff RECEIVED JAN 312006 ~\rl\ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2005-5284 CIVIL ACTION - LAW KRISTIN JULIANNE PODOLSKI: Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Julianne Podolski June 18, 2005 shared 2. A Conciliation Conference was held in this matter on January 31, 2006, with the following individuals in attendance: The Father, Michael David Rudy, with his counsel, Jessica Holst, Esquire and Mother, Kristin Julianne Podolski, with her counsel, Jeffrey Boswell, Esquire. 3. The Honorable Kevin A. Hess entered a prior Order of Court dated November 3,2005 providing for shared legal and shared physical custody. 4. The parties agreed to the entry of an Order in the form as attached. 1~3/-o/; Date ~ /h,V~ acq lme M. Verney, EsqUire Custody Conciliator R;::C::IVED MAR 08 2co,/ MICHAEL DAVID RUDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5284 CIVIL ACTION - LAW KRISTIN JULIANNE PODOLSKI: IN CUSTODY Defendant ORDER OF COURT AND NOW, this 8th day of March, 2006, not being contacted within 30 days of the prior Order of Court to schedule another conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, 't --....-<. / . e M. Verney, Esquire, Custody Co lliator ".,~ >~----~,,---,~--~.,~ ._, '