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Home My WebLink About04-3301 II I' . I v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04- J1.( CIVIL TERM : CIVIL ACTION - CUSTODY Dale Ruhland, Plaintiff Pamela D. Ruhland, Defendant And Joseph and Gail Maurer Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Dale Ruhland, an adult individual whose residence is at 2244 Orrstown Road, Shippensburg, Franklin County, Pennsylvania. 2. Defendant is Pamela D. Ruhland, an adult individual whose residence is at 803 Michigan Ave, Lemoyne, Cumberland County, Pennsylvania. 3. Defendant Joseph and Gail Maurer are adult individual whose residence is at 803 Michigan Ave, Lemoyne, Cumberland County, Pennsylvania, who are maternal grandparent of child. 4. Plaintiff seeks partial custody/visitation of his child James Aloysius Ruhland, born November 25, 1997, who until fall of 2002 resided with the Plaintiff and the Defendant; it is believed that the child is currently residing with the Defendant at 803 Michigan Ave, Lemoyne, Pennsylvania 17043 and Defendant's parents, Joseph and Gail Maurer. 5. Since the child's birth, the child has resided at the following addresses: Name Address Dates Dale Ruhland and Pamela D. Ruhland 514 Big Sky Drive August 1996- Etters, PA until Fall of 2002 Pamela D. Ruhland 803 Michigan Ave Lemoyne, PA Fall of 2002 until present 6. The relationship of the Plaintiff to the child is that of natural father. 7. The relationship of the Defendant to the child is that of natural mother. 8. The relationship of the Defendant Joseph and Gail Maurer is that of maternal grandparents. II 9. The Plaintiff, father of the child is not married. 10. The Defendant, mother of the child is not married. 11. The Plaintiff and the Defendant were formerly married to each other and are currently divorced. 12. It is believed and therefore averred that the mother is suffering from terminal illness and that the Child is also being cared for by the maternal grandparents, Joseph Mower and Gail Mower who reside at 803 Michigan Ave, Lemoyne, PA 17043, Cumberland County. 13. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 14. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 15. No other persons are known to have or claim to have any right to custody or visitation of the child other than the maternal grandparent with whom the mother and child have been residing since the fall of 2002 at 803 Michigan Ave, Lemoyne, PA 17043, Cumberland County. 16. The best interest and permanent welfare of the child will be served by granting the relief requested for reason including the following: A. The father and his son have bonded and when the child is in the father's custody, father is at that time the sole caregiver of the minor child. B. The child has a physcological bond with the father. C. The mother's terminal illness restricts the ability of the mother to serve as primary care giver to 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. II WHEREFORE, Plaintiff requests your Honorable Court provide shared legal custody and visitation with his son constituting every other weekend, uninterrupted weeks during the course of the summer and every other holiday with custody exchanges to be at a midpoint between residences of the Plaintiff, father and Defendant, mother. ~y,~,,/ Respectfully Submitted C TU~O OF~~C d./~ . Galen R. Waltz, Esqui[ 28 South Pitt Stree Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff II !I VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. 7liJ / ~OOL( Date ,,-l\nh~;Y~<).~ Dale Ruhland II CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint for Custody upon Pamela D. Ruhland and Joseph and Gail Maurer, by depositing same in the United States Mail, first class, postage pre-paid on the 9 i/ day of ..Tv!:..7 ' 2004, from Carlisle, Pennsylvania, addressed as follows: U Pamela D. Ruhland 803 Michigan Ave Lemoyne, PA 17043 Joseph and Gail Maurer 803 Michigan Ave Lemoyne, PA 17043 TURO LAW OFFICES ~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 -~ ~ -.... '-'I (j) C o ~ r~ r\ ~ ~ ---. <><> .-\-1 .~ -. ~ o , 'f1 (') "\) ~ ~- ,- .~ o .- ""!'; ( , <..,. (~ '---J '"';') ",;" C) "q :-! ,. f: n Cr-::: ii! r,-=':' ~....:":': :r>~ :':> DALE RUHLAND PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COl.n\lTY, PENNSYLVANIA V. 04-3301 CIVIL ACTION LAW PAMELA D. RUHLAND AND JOSEPH & GAIL MAURER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, July 19, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, AUl!;ust 19, 2004 at 10:30 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 hearinf(. FOR THE COURT, By: Isl Jacqueline M. Vern<ry. Esq. Custody Conciliator mhc 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 befon: 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -~ ~-/2P ~~~ /!V'-P/'c. -* ~ "V';I'Jf"~ A~-.?I'L ~p$!-~'lJI>v~.~ #/"bl-L V!Nt'i\l}"SNr~?cd I I ','n,i, r"r!'''.'1,i::'~y\ln'''' N.J., I...)",. ',.,'.' ,,;~]~, oJ 60 :8 l~d 61 lnr ~ooz 1;.',,^II(')\!(",,"j"C')\Jd 3H1 dO r'.'"J'~...."..J ... u :J81:1:10--(EJlIj RECEIVED APR 152005 Y DALE RUHLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2004-3301 CIVIL TERM PAMELA D. RUHLAND and JOSEPH & GAIL MAURER, Defendants : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 15th day of April, 2005, the parties having continued this matter since December14, 2004 and no conference has been requested, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, (\It. L ne M. Verney, Esquire, Custody C iliator c.y.~ _1:. F~ I..U. ~':. ; '~~_,.~ (' ~f '(~J\~, , , ,--~ ':c;- \::I)o...- dl.u u,_~~:" r- 9 0> u_ o "---- I.,"'? c::::-.> ",:';;''1 <-' - .J ;:"'1 SEP 0 9 2004 DALE RUHLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-3301 CIVIL TERM PAMELA D. RUHLAND and : CIVIL ACTION - LAW JOSEPH & GAIL MAURER Defendants : IN CUSTODY ORDER OF COURT AND NOW, this C7Zay of , 2004, upon consideration of the attached Custody Conciliation port, it is ordered and directed as follows: 1. The Mother, Pamela D. Ruhland and maternal grandparents, Joseph Maurer and Gail Maurer, shall have shared legal custody of James Aloysius Ruhland, born November 25, 1997. They shall have an equal right, to be exercised jointly with the other, 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. 2. Mother and maternal grandparents shall have primary physical custody of the child. 3. Father shall have periods supervised visitation as follows with paternal grandparents or Father's sister as the supervisor: A. Two weekends per month as agreed by the parties on Saturday and Sunday from 10:00 a.m. to 6:00 p.m. B. Thanksgiving Day from 9:00 a.m. to 3:00 p.m. C. Such other times as the parties agree. 4. The parties shall cooperate with a custody evaluation which shall include a psychiatric evaluation of Father by Sheinvold & Associates. Mother shall be responsible for the payment of the cost of the evaluation, but reserves the right for the Court to ultimately apportion the cost among the parties. 5. The parties shall share transportation such that the receiving party shall transport. Maternal grandparents shall transport for Mother. Either paternal grandparents or sister shall transport for Father. 6. 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 December 14, 2004 at 10:30 a.m. BY A E COUR , J. c . Galen R. Waltz, Esquire, Counsel for Father "a e H. Clough, Esquire, Counsel for Mother and maternal grandparents V r� SEP 0 9 2004 DALE RUHLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2004-3301 CIVIL TERM PAMELA D. RUHLAND and : CIVIL ACTION -LAW JOSEPH & GAIL MAURER Defendants : 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 CURRENTLY IN CUSTODY OF James Aloysius Ruhland November 25, 1997 Mother 2. A Conciliation Conference was held in this matter on September 7, 2004, with the following individuals in attendance: The Father, Dale Ruhland, with his counsel, Galen R. Waltz, Esquire and the maternal grandparents, Joseph Maurer and Gail Maurer, with their counsel, Joanne H. Clough, Esquire. Mother, Pamela D. Ruhland suffers from ALS and is on a ventilator. She did not appear but was represented by Joanne H. Clough, Esquire. 3. A PFA Order was entered by consent in York County, dated November 19, 2002 prohibiting contact by Father of Mother. The PFA expired on November 19, 2003 without any violations by Father. A custody stipulation was prepared restricting Father's contact to supervised visitation with the child until Father received a psychiatric evaluation, however Father did not sign the stipulation and no Custody Order was ever entered in York County. Mother and child moved to Cumberland County in November, 2002 to live with maternal grandparents where the child has resided since that time. Father currently lives in Franklin County. All parties stipulated that venue is properly in Cumberland County. Father has had supervised visitation with the child with the paternal grandparents acting as the.supervisors. 4. The parties agreed to the entry of an Order in the form as attached. q, Date acq line M. Verney, Esquire Custody Conciliator