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HomeMy WebLinkAbout04-3330JAIME ROHRBAUGH, VS. RONALD USHERY, II, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- .~3 ~ CIVIL TERM : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Jaime Rohrbaugh, hereinafter referred to as the mother. permanent residence is 138 West Green Street, Mechanicsburg, Cumberland Pennsylvania 17055. Mother's County, 2. The defendant is Ronald Ushery, II, currently incarcerated at the Dauphin County Work Release Facility, 919 Gibson Boulevard, Steelton, Dauphin County, Pennsylvania 17113. 3. The mother seeks custody of the minor children: Name Trenton Ushery Dominic Ushery Present Residence 138 West Green Street Mechanicsburg, PA 17055 138 West Green Street Mechanicsburg, PA 17055 The children were bom out of wedlock. Age 1/24/01 DOB, 3 years old 12/23/02 DOB, lyear old The children are presently in the custody of the mother. During the child, Trenton Ushery's lifetime, he has resided with the following persons and at the following addresses: Name Jaime Rohrbaugh Ronald Ushery, II Natasha Rohrbaugh Address 212 South York Street Mechanicsburg, PA 17055 Date Birth- 12/01 Jaime Rohrbaugh Ronald Ushery, II Natasha Rohrbaugh Jaime Rohrbaugh Natasha Rohrbaugh Jaime Rohrbaugh Dominic Ushery Natasha Rohrbaugh 138 West Green Street Mechanicsburg, PA 17055 138 West Green Street Mechanicsburg, PA 17055 138 West Green Street Mechanicsburg, PA 17055 12/01 to 11/02 11/02 to 12/23/02 12/23/02 to present During the child, Dominic Ushery's lifetime, he has resided with the following persons and at the following addresses: Name Address Jaime Rohrbaugh 138 West Green Street Trenton Ushery Mechanicsburg, PA 17055 Natasha Rohrbaugh The mother is single. The father of the children is Ronald Ushery, II. He is single. 4. The mother currently resides with the following persons: Name Jaime Rohrbaugh Trenton Ushery Dominic Ushery Natasha Rohrbaugh Date Birth to present Relationship self son with defendant son with defendant daughter 5. The defendant currently resides with the population at the Dauphin County Work Release Facility. 6. The mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The mother has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. The mother does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has provided for the children's emotional, physical, educational, and medical needs including establishing a stable home environment for children, and she can continue to provide for the children. b) The mother is the parent who can best facilitate any interaction between the children and the defendant. c) The defendant has not acted in the best interest of the children in ways including but not limited to the following: i) The defendant has not been a part of the younger child, Dominic's life since birth and has not attempted to establish a bond with the child. ii) In December 2003, in Dauphin County, the defendant pleaded guilty to Unlawful Delivery of a Controlled Substance, Possession With Intent to Deliver, Criminal Conspiracy and Unlawful Possession of Drug Paraphernalia. The Defendant's involvement with drug use and/or sales raises serious concerns about his ability to provide appropriate supervision or care for a child. iii) The defendant is currently incarcerated at the Dauphin County Work Release Facility, having been sentenced to thirty-six (36) months Intermediate Punishment in accordance with The Honorable Judge Turgeon's June 9, 2004, Order. iv) The defendant is not employed and does not have a stable or permanent home for himself and cannot provide for the daily needs of the children. v) The defendant does not have a car and cannot provide transportation for the children for purposes of every day activities or emergency situations. 11. Every person with rights to custody or having actual physical custody of the children have been named as parties to this action. WHEREFORE, the mother requests this Court a. Grant her primary physical and legal custody of the child. b. Upon his release from incarceration, grant the defendant periods of supervised visitation at times mutually agreed upon by the parties. c. Order the defendant to remain drag and alcohol free during periods of visitation with the children. d. Order the defendant to complete a parenting class through the Parentworks program. e. Any additional relief that the Court deems just and proper. Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION the and are made subject to the penalties of 18 The above-named PLAINTIFF, 3amie Rohrbaugh, verifies that statements made in the above Complaint For Custody are true correct. Plaintiff understands that false statements herein Pa. C.S. §4904, relating to unsworn falsification to authorities. Jam~ Rohrbaugh COMMONWEALTH OF PENNSYLVANIA VS RONALD USHERY IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 2352 CR 2003 ORDER AND NOW, this 9th day of June, 2004, the Defendant is sentenced to thirty-six months intermediate punishment, the first three months restrictive at Dauphin County Prison Work Re]ease Center, $250 fine, costs of prosecution, confiscation and destruction. The Court imposes the following additional restorative sanctions: Regular payment.on fees, fines, and costs Hainta~n full~t~me employment Hainta~n family responsibilities for his two children Twelve week parenting class STD class Drug testing Should he have a positive, he shall have a TASC evaluation Attend AA/NA meetings Obtain AA/NA sponsor Community service. At Count 2, a concurrent same sentence and conditions are imposed. At Count 3, he is sentenced to a concurrent same sentence, same conditions. At Count 4, possession of drug paraphernalia, he is sentenced to a concurrent twelve months probation, $100 fine, costs of prosecution, confiscation and destruction. JAIME ROHRBAUGH, VS. RONALD USHERY, II, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04- CIVIL TERM : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Ronald Ushery, II, with a Complaint For Custody on July 9, 2004 by certified mail, return receipt, restricted delivery, to the person and address below: Ronald Ushery, II c/o Dauphin County Work Release Building 919 Gibson Boulevard Steelton, PA 17113 I, Jessica Diamondstone, 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 unswom falsification to authorities. COMMONWEALTH OF PENNSYLVANIA VS RONALD USHERY IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 2352 CR 2003 ORDER AND NOW, this 9th day of June, 2004, the Defendant is sentenced to thirty-six months intermediate punishment, the first three months restrictive at Dauphin County Prison Work Release Center, $250 fine, costs of prosecution, confiscation and destruction. The Court imposes the following additional restorative sanctions: Regular payment on fees, fines, and costs Maintain full-time employment Maintain family responsibilities for his two children Twelve week parenting class STD class Drug testing Should he have a positive, he shall have a TASC evaluation Attend AA/NA meetings Obtain AA/NA sponsor Community service. At Count 2, a concurrent same sentence and conditions are imposed. At Count 3, he is sentenced to a concurrent same sentence, same conditions. At Count 4, possession of drug paraphernalia, he is sentenced to a concurrent twelve months probation, $100 fine, costs of prosecution, confiscation and destruction. The Defendant has one day credit. Defendant shall report to the work release center June 14, 2004 at 8 a.m. BY THE COURT: Michael Rozman, Esq., District Atto?ey's Office /o Michael Duda, Esq., Public Defender s Office ¢9 Dauphin Co. Probation Office ID '~ Dauphin Co. Prison 1~/~ ' Dauphin Co. Work Release ~_ Smittie Brown, Director of Dauphin Co. Drug and Alcohol Dauphin Co. Domestic Relations Office - Locate ~6 JAIME ROHRBAUGH, VS. RONALD USHERY, II, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04- CIVIL TERM : : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Ronald Ushery, II~ with a Complaint For Custody on July 9, 2004 by certified mail, return receipt, restricted delivery, to the person and address below: Ronald Ushery, II c/o Dauphin County Work Release Building 9 l 9 Gibson Boulevard Steelton, PA 17113 I, Jessica Diamondstone, 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: Signature: ~~ "~ JAIME ROHRBAUGH, VS. RONALD USHERY, II, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04- 3 ~ 3~ C~WL TEP~ : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Jaime Rohrbaugh, Plaintiff, to proceed in forma pauperis. l, Jessica Diamondstone, 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 Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 JAIME ROHRBAUGH : PLAINTIFF : : V. RONALD USHERY,II : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3330 CIVIL ACTION LAW 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 Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, .August 06, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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 l~resen'r at the conference. Failure to a!0-Oear 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 mnc 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 befbre 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 JAIME ROHRBAUGH, Plaintiff V RONALD USHERY II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -_ : CIVIL ACTION - LAW : : NO. 2004-3330 : IN CUSTODY COURT ORDER AND NOW, this '~l~day of September, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Jaime Rohrbaugh, shall enjoy legal and physical custody of Trenton Ushery, born January 24, 2001 and Dominic Ushery, born December 23, 2002. The father shall enjoy periods of temporary physical custody with the minor child at such time and under such circumstances agreed upon by the parties. Additionally, the father shall enjoy reasonable telephone contact with the minor children. If either party is dissatisfied with this order, that party may petition the court to have their case again scheduled before the Custody Conciliator for a conference. cc: ~essica Diamondstone, Esquire ./K~onald Ushery, II Judge JAIME ROHRBAUGH, Plaintiff V RONALD USHERY, II, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2004-3330 : 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 report: The pertinent information pertaining to the children/child who are the subject of this litigation is as follows: Trenton Ushery, born January 24, 2001 and Dominic Ushery, born December 23 2002. A Conciliation Conference was held on August 20, 2004, with the following individuals in attendance: The mother, Jaime Rohrbaugh, with her counsel Jessica Diamondstone and the father, Rouald Ushery H, who appeared without an attorney. 3. The parties agreed to the entry of an order in the form as attached. DATE