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HomeMy WebLinkAbout02-2909CHERYLRUDD, Plaintiff VS, WAYNE FRANKLIN RIDEOUT, Ii, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOg,~ -.~9~? CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Cheryl Rudd, 41 East South Street, Apt. #2, Carlisle, Cumberland County, PA. 2. The Defendant is Wayne Franklin Rideout, II, currently incarcerated at SCI-Graterford, Graterford, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name Storm Daezhawn Rideout Date of Birth 5/30/97 The child was born out of wedlock. The child is presently in the custody of Cheryl Rudd, 41 East South Street, Apt. #2, Carlisle, Cumberland County, PA. 4. During the child's lifetime, she has resided with the following people at the following addresses: Name Cheryl Rudd Cheryl Rudd Cheryl Rudd Cheryl Rudd Address Date 41 E. South St., Carlisle, PA 1517 Terrace Ave., Carlisle, PA 338 B. Street, Carlisle, PA 1517 Terrace Ave., Carlisle, PA 5/00-Present 8/99-5/00 10/97-8/99 5/97-10/97 7. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 8. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. The 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. 10. The best interest and permanent welfare of the child will be served by granting the relief requested. 11. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant full custody to her. Respectfully submitted, Date: K...o-.-/7~ ¢~)~ Abom& Kutulakis, L.L.P. 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff The mother of the child is Cheryl Rudd, who resides at 41 East South Street, Apt. #2, Carlisle, Cumberland County, Pennsylvania. The father of the child is Wayne Franklin Rideout, II, currently incarcerated at SCI-Graterford, Graterford, Pennsylvania. Criminal record as follows: Case #99-887 6/1/98 Charged with: Statutory Sexual Assault (4 Counts) Involuntary Deviate Sexual Intercourse Aggravated Assault (5 counts) Indecent Assault without Consent (5 counts) Conviction: Guilty of Statutory Sexual Assault Guilty of Involuntary Deviate Sexual Assault Guilty of Aggravated Assault Sentenced to: 7-14 years at a State Correctional Institution Ordered to comply with Megan's Law requirements (all sentences to run concurrently) registration Case #99-01257 5/29/99 Charged with: Aggravated Assault Simple Assault Criminal Homicide of the 3rd Degree Involuntary Manslaughter Conviction: Guilty of Aggravated Assault Guilty of Criminal Homicide of the 3rd Degree Sentenced to: 8 -16 years at a SCI to run consecutively to sentence imposed at case #99-887 Total time to be served: 15 - 30 years at an SCI Megan's Law registration upon release The relationship of Plaintiff to the child is that of Mother. The relationship of Defendant to the children is that of Father. CHERYL RUDD, Plaintiff VS. Wayne Franklin Rideout, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL TERM CUSTODY VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subjeCt to the penalties 18 Pa.C.S. [4904, relating to unsworn falsifications to authorities. Date Cher~udd CHERYL RUDD, Plaintiff VS. Wayne Franklin Rideout, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL TERM CUSTODY PROOF OF SERVICE I, Jason P. Kumlakis, Esquire, hereby certify that on this 17th day of June, 2002, a true and correct copy of the CUSTODY COMPLAINT was served upon Defendant by United States Mail, First Class, postage pre-paid, addressed as follows: Wayne Franklin Rideout, II SCI-Graterforcl P. O. Box 246 Rt. 29 Graterford, PA 19426 Jaso~ P. Kumlakis CHERYL RUDD PLAINTIFF V. WAYNE FRANKLIN RIDEOUT, II DEFENDANT : 02-2909 : IN CUSTODY : ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Monday, June 24, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 18, 2002 at 9:30 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 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/ Hubert X. Gilroy. 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 VIN~7~-Lk$NN]d CHERYL RUDD, : CASE No. 02-2909 PLAINTIFF : : CIVIL ACTION LAW V. : : WAYNE FRANKLIN RID~0UT, II : IN CJSTODY DEF~INqDANT : NOW Comes, WAYNE FRANKLIN RID~0UT, II, DefeDF~nt in the above captioned matter, hereby Moving this Honorable Court for an Extension/Enlargement of Time and to be Furnished with Complaint Documents pertaining to the above caption, hereforeto avers to the following facts in support thereof: A) ORDER of this Court, dated June 24, 2002 makes reference to a Complaint, to which the above named defencl~nt h~ NO~ ~c-n provided copy for his review of any allegations contained within said Cc~plaint; and, B) As per ORDER noted (A), a Formal Pre-Hearing Custody Conference is scheduled to commence on July 18, 2002 at 9:30 a.m. before Custody Conciliator Hubert X. Gilroy, Esq., in the Cumberland county Courtb~)use located in Carlisle, Pennsylvania; aDx~, C) As noted (A), the defeD~nt has NO~ been provided with copy of said Complaint s,,h~itted to this Court by either Plaintiff or Plaintiff's counsel, some unknown attorney from the Aborn & Kutulaskis law firm, so to allow the defeDaant opportunity to review any allegations contained within said Complaint, au~ to afford opportunity to secure counsel, if counsel is required to litigate claims presented within said Complaint. -1- D) As noted (A) and (C), infra, the defendant has NO~ received copy of the Complaint which is relied upon to require this Court to conduct the Pre- Hearing Custody Conference, tenetively scheduled for July 18, 2002, and therefore, being denied the opportunity to review the Complaint against him, to determine if the services of a competent attorney at law are required, and now respectfully requests this Court to consider GRANTING the following: 1 ) Provide copy of said Complaint for this Civil Action; and, 2) Issue ORDER granting a thirty (30) day Extension/Enlargement of Time, so as to review said Complaint, and if necessary, procure the services of competent counsel to represent defendant in this action; and, 3) In the alternative to the above noted (1) and (2), to Issue ORDER to direct the Cumberland County Sherriff's Office to provide transport to and from Pre-Hearing Custody Conference scheduled to occur on July 18, 2002 at 9:30a.m. in Cumberland county Courthouse. WHEREFORE, Defen~t~nt most respectfully requests this Court to GRANT items noted in section (D), either in entirety or in part, and/or any other form of relief necessary to ensure the mandates of impartial Justice are achieved in the matter currenty before the Court. Most Respectfully S,~h~itted, Inmate I.D. No. ED-3837 Post Office Box 244 Graterford, Pennsylvania 19426 -2- C~ERYL RUDD, PLAINTIFF V. WAYNE FRANKLIN RID~0UT, II CASE NO. 02-2909 CIVIL ACTION LAW : ~ ~STODY PROOF OF SERVICE I, WAYNE FRANKLIN RID~0UT, II , do hereby attest that on this date true and correct copies of the foregoing documet are being served upon the parties listed below, and in the manner prescribed, this /~ day of July, 2002. I further attest that any knowingly rode falsity is subject to the penalties prescribed under 18 Pa. C.S.A. §4902 and/or § 4904, relating to Perjury, and Unsworn Falsifications to Authorities. Office of the Prothonotary (4 copies) Cumberland County Courthouse 1- Courthouse S~nre Carlisle, Pennsylvania 17013 Abcm& Kutulakis (1 copy) 8 South Hanover Street Suite 204 Carlisle, Pennsylvania 17013 Most Respectfully Submitted, DEFENDANT Inmate I.D. No ~D-3837 Post Office Box 244 Graterford, Pennsylvania 19426 -3- Office of the Prothonotary Cumberland County Courthouse 1- Courthouse Sc~re Carlisle, Pennsylvania 17013 From: Mr. Wayne Franklin Rideout, II Post Office Box 244 Graterford, Pennsylvania 19426 July 1 st, 2002 Filing for Civil Case Number: 02-2909 RU~O v. RIDEf~3T. Dear Sir/MaW~m: Enclosed, you shall find four (4) copies of Defendants Motion for Enlargement of Time and Furnishment of Documents, pertaining to the above captioned matter. As indicated in the Proof of Service, copy has ~_c.n forwarded to the counsel for the Plaintiff, Abc~ & Kutulakis. You are hereby directed to provide one (1) copy of this document to the Custody Conciliator, Mr. Hubert X. Gilroy, Esq., to enter one (1) copy into tb~ above noted case docket, to furnish one (1) copy upon the Plaintiff, Ms. Cheryl Rudd, and to time s~p one (1) copy and kindly return it to me at the above address. I thank you in advance for your anticipated cooperation. cc] file/MAT Sincerely, WAYNE FRANKLIN RIDEOUT, II DEFf~DANT Inmate I.D. No. fD-3837 Post Office Box 244 Graterford, Pennsylvania 19426 CHERYL RUDD, Plaintiff WAYNE FRANKLIN RIDEOUT, II, Defendant JUL 200Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 2909 CIVIL IN CUSTODY CO~TO~ER AND NOW, this '~'/'"~day of July, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Cheryl Rudd, shall enjoy legal and physical custody of Storm Daezhawn Rideout, born May 30, 1997. Upon the Father's release from prison, Father temporary custody of the minor child at such circumstances as agr~d to by the Mother. shall enjoy periods of times and under such CC-' Should the Father desire to have this order modified, the Father may petition the court to have this case again scheduled with the custody conciliator for a custody conciliation conference. Jason P. Kutulakis, Esquire Wayne Franklin Rid,om, II SCI - Graterford, ]m-3837 P.O. Box 244 Rt. 29 Graterford, PA 19426 Je ¥1NVA1ASNN~d CHERYL RUDD, Plaintiff V WAYNE FRANKLIN RIDEOUT, II, Defendant Prior Judge: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : NO. 02 - 2909 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following The pertinent infoimation pertaining to the child who is the subject of this litigation is as follows: Storm Daezhawn Rideout, born May 30, 1997. A Conciliation Conference was held on July 18, 2002, with the following individuals in attendance: The Mother, Cheryl Rudd, with her counsel, Jason P. Kutulakls, Esquire. The Father was not present. He is currently incarcerated at SCI-Graterford on an aggregate sentence of approximately 15-30 years relating to a sex crime and a homicide crime. The conciliator recommends the entry of an order in the form as attached. Hubert X. Gil..m.y.,)gsqulre Custody Concilia~r -