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Home My WebLink About94-01833 l " ..g; ~ I!lwllrt L. a...."" F... H. HArr McH<.u R. Sr. C..... a.- J. YUM. GRIFFIE & ASSOCIATES ATTORNEYS AND COUNSELORS AT LAW MAY 1 6 199~ cP- 200 NORTH H.NO"". STRI!IT CA"""U!. PA 17013 (717) 243.5551 1 (800) 347.5552 FAX 717.243.5063 TRACY L Le....... leGAl. A""ITANT CHAMBERIIUAO TRUST BuI.olfrO Surr. 307. 14 NORTH MAN STRI!IT C..........uoo. PA 17201 (717)267.1350 Roe.. J. GooHDAN Of'1CI! MANA"". May 13, 1994 R.PI.. TO: C.....IU! Richard Pierce, Assistant Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 RE: Rhoads vs. Baughman No. 94-1833 civil Term ~ ~\~'t:"i' r! 0>< <:J! (' ("'~ ' ~ ,eO- )0,; .... ><~ :'(.'.) o-o("V" :;.VJI-~ (l..-lt. ....,.,-.'.,...."-,~,..;"......,~~~ Dear Rick: On April 11, 1994 I filed a Complaint for custody in the above captioned action which related to a child that was born in Cumberland County and lived in Cumberland county for approximately two months after the child's birth. On approximately May 29th, the natural mother removed the child from her and the father's residence, taking the child to Perry county. Promptly (within 12 days) I met with my client, prepared a CUstody Complaint, had him review it and filed it. It was filed on April 11, 1994. Unfortunately, the Complaint was never processed and I ultimately received an Order dated May 6, 1994 scheduling the custody conciliation. In that three and one-half week lapse where the Complaint was in "no-man's land", the Defendant in this case secured legal counsel, filed a Complaint in Perry County and secured jurisdiction there. In fact the custody conference has already been held with Judge Quigley in Perry County. I bring this matter to your attention for two reasons. First, you may feel free to notify Mr. Gilroy that the custody conciliation scheduled in this matter for June 30, 1994 at 10:30 a.m. should be canceled since arguing the issue of jurisdiction between Cumberland county and Perry County now appears mute. Secondly, I bring this to your attention because this is a case where my client was greatly harmed by the three and one-half week delay from the time of the filing of this Complaint until an Order was received. Had this been promptly processed, the Defendant would have been served and this matter would have been BLG/rjg r1ffie heard in cumberland county, which, in my estimation, would have been greatly to my client's benefit. Because of the delay and our inability to determine the status of this complaint and Order, jurisdiction will now be in Perry county, which I feel is to my client's detriment. Hopefully this is an isolated incident, but I believe it is necessary to bring it to your attention. Your attention in this matter is appreciated. very truly yours, cc: Richard E. Rhoads Hubert x. Gilroy, Esquire 6; . - - ....... ~ ... .::.;; "'" ~ ~,\::' \ '?!) C'Pt .... 1('.1o".>';~ fo.,\ c.., :~ ~~ &:.I ~.7 '.~':;;.:..' c. .'--'~ -:::r- ::: 'I"'..:,;:; 1'_:,)1u ~ ~ ,..;;r,~ -==: ....::l- -- Q'"~ ;~ I ~~~~ g,81~ ~~~u~ ~~< ~ ~@~~~ .... .... .,-4 ~ ~.!:i i~ ~ ~ ~ ~; :a.' ~ ':3- ~ ~. ..::..c. u 0... I' III 0<> ~. ...,.... ~ oJ ~ , ... o o 4) ~ I~ ; -:::r-: , , !i) . ~ rl a!i ~ ~ ~ 8 ~ I gj ::; ~ ~ u ~ c\i ':! 0..1l0 ~ ~ ~; . 0 Q. 1II Z ti C( w ~ Z J: .. a: x !!! laJ 0 ... ... i&: ~ ~ ~ ... z u it 8 (!) N ~ 0 ... ~ ... - t: " .. III Q. o Z - ,., c ~ ~ :t :J 5 1: ~ III II Il o ... z ~ v .. _ z U i the conciliator, at Lf\k TICXl( '3t:J'fh day of ;:)IA. n I' directed that the parties and \-\CAbc-rt j.l:,:I(O\f tS4., <..v..",,\. Co. (o.....r1tno....SI" on v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW '1'1- (1.33 C j v, I 7l.rm NO. CIVIL 1994 IN CUSTODY RICHARD E. RHOADS, Plaintiff RUTH ANN BAUGHMAN, Defendant ORDER OF COURT AND NOW, Mc...1 10,1'1'1'[ attached complaint, it is hereby , upon consideration of the their respective counsel appear before the 1994 at 10:3; fl. .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, 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. OFFICE OF THE COURT ADMINISTRATOR Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 < ~-.:._." ".c,,'_ H4Y 6 Z 25fH'94 n" ,"'Jet r ': c. "illjO!i~'7'.l'r ,ui-j.-,,:, _1/. I) ('('~' '/ fI' I-'l I')'$ Yi"'A )'~!l. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ?1f.113.3 Cill. I 7um NO. CIVIL 1994 IN CUSTODY RICHARD E. RHOADS, plaintiff RUTH ANN BAUGHMAN, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Richard E. Rhoads, an adult individual currently residing at 1 Robin Drive, Carlisle, CUmberland County, Pennsylvania. 2. Defendant is Ruth Ann Baughman, an adult individual currently residing at RD 1, Box 249F, New Bloomfield, Perry County, Pennsylvania. 3. The Plaintiff is the natural father of the child, Nicholas Adam Rhoads, born January 31, 1994. The child was born out of wedlock. since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time. HAU ADDRESS ~ 1 Robin Drive Jan. 31, 1994- carlisle, PA Mar. 29, 1994 Richard E. Rhoads Ruth Ann Baughman Ruth Ann Baughman Ray Baughman Gary Marshall Brenda Marshall RD 1, Box 249F Mar. 29, 1994- New Bloomfield, PA to Present The natural mother of the child is Ruth Ann Baughman, who resides as aforesaid. She is single. The natural father of the child is Richard E. Rhoads, who resides as aforesaid. He is single. 4. The relationship of the plaintiff to the child is that of natural father. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with child and her parents and brother and sister-in-law. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 7. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff has shown a greater ability to enhance and promote the relationship between the child and the Defendant; (b) Plaintiff has shown an ability to care for the child that is as appropriate, if not more appropriate, than the manner of caring for the child expressed and illustrated by the Defendant; and (c) Defendant has taken actions in various manners to attempt to prohibit or limit the contact between the child and the Plaintiff. 9. Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. lO. Plaintiff believes Defendant may attempt to take physical custody of the child and remove the child from the jurisdiction of the Court upon notification of these proceedings. ~<-..... .- . WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which time Plaintiff requests the Court to grant him custody of the child. Respectfully submitted, GRIFFIE & ASSOCIATES re I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING COMPLAINT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE:j.,l\ U / 77 ~ J -- ~/L'~.L- RICHARD E. RHOADS AUG 22 199fJlt V RUTH ANN BAUGHMAN, Defendant : IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : : :94 - 1833 CIVIL TERM :CIVIL ACTION - CUSTODY RICHARD E. RHOADS, Petitioner COURT ORDER AND NOW, this Qlr day of a.v ~-J;- , 1996, the Conciliator being advised that no conciliation hearing is at this time rescheduled, the Conciliator relinquishes jurisdiction. The parties may file another petition to have a conciliation scheduled. \11'" "1t ....,.. !:!...J .i ~';,i., .~jl.,I\:"{] ,,, .. - , . " '-'l'IJ,n'" , .' "'. :... ~; '\. ...J ;:; I :b i.:') Lc ;j;I~ 55 IL'q' " .. ','-, -0 1\~,H...'\...1 .J..w.........-J -"- - 30lHO-Q318 ~