From: tas@sei.cmu.edu (Terry Ireland)
Subject: PA justice
Organization: Software Engineering Institute
Date: Tue, 29 Dec 1992 16:19:52 EST


	IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA	
				
				ORDER OF COURT	

	AND NOW, to-wit: this 29th day of May, 1991, upon presentation of
	Plaintiff's Petition for Suspension of Partial Custody and due 
	consideration thereof, it is hereby ORDERED, ADJUDGED, AND
	DECREED that pending the receipt of the findings by Childrens
	and Youth Services on the report of suspected sexual abuse of the
	minor children, Defendant's partial custody/visitation of the
	minor children NAME, NAME, and NAME is hereby suspended.

	Plaintiff's attorney to inform court immediately upon receipt of
	CYS findings.

					BY THE COURT

					CINTHIA BALDWIN JUDGE



	THIS WAS THE ORDER: The Plaintiff's attorney MS.Barbara Shah has as yet
not informed the court. CYS closed the case 7/28/91. Ms.Shah sat through the
CYS hearing on expungement. This means the CYS folks did not call for a
hearing. The alleged perpetrator asked that his name be removed from the CHILD
ABUSE REGISTER. I was not the alleged perp. I was listed as the alleged
victim's parent. 

	Ms.Shah informed the court on 8/16/91 that she was sure the perp
was FOUNDED by CYS. She said it again to the court 10/4/91. No offer of proof.
When my attorney asked to have CYS's letter admitted the Judge said, NO, my
order is for the Plaintiff's attorney to present it. 

	On 11/13/91 we had a conciliation hearing, the Plaintiff and her 
attorney walked out when the court broke for lunch and did not return. 
The Judge refused to write an order. She said she would not write an order 
because they walked out. She then scheduled a new date to finish the hearing, 
11/15/91. The Plaintiff and her attorney did not show. The Judge again would 
not issue an order because they did not show.

	She then explained her book was so full she could not set a new date 
until next year. In December we were back in to request a date be set. 
The Judge then set a date to hear a motion to set a date to hear a 
conciliation for 1/21/92. At that hearing, the Judge set a date for 3/31/92. 
At that hearing, 3/31/92, Ms. Shah told the Judge she was sure the alleged 
perp and myself were FOUNDED by CPS in another state as well as PA..  

	Ms.Shah had sat through the CYS hearing and knew better. She was 
there as the mother's attorney. Why the alleged victims mother would need an 
attorney at CYS is beyond me. The county provides the alleged victim with an 
attorney free of charge. The county is not so kind to the alleged perp. His 
parents have to pay for an attorney to defend him since he is a minor also.

	Needless to say, the Judge has not been informed yet and we are almost
into 1993. The Judge still refuses to let me present CYS's papers to the court.
She still says it is up to the Plaintiff's attorney to do that. The expungement
hearing was over 7/15/92. The court would not enter the transcript into
evidence even though I requested it to be entered.

	Today I spoke to CYS and asked them, for the umteenth time, to inform
the court. But they won't. Not in PA.

	Surprises never seem to end in this case. 12/24/92, my ex called and
asked if I wanted to make a deal. If I will stop the home evaluation and the
psych evaluation, and call off the attorneys and judge and drop the custody
suit, she is ready to talk deal. She let the children speak to me on the phone
for ten miniutes as a Christmas present, as a show of good faith. See the
Grinch is not dead yet, this was the first time she let them call me in two
years. She told me if I don't make a deal they are going to put my eldest
daughter back on the Lithium and Prozac so she will be calm when the home
evaluator comes to visit their house.  What an OFFER!  I wonder if she will
change the school records so I won't be listed as dead anymore? At one of the
schools I am the children's stepfather. Hey, it's better than dead, as in the
other records. 

 	Kind of makes you wonder why the Judge has not been able to set a
custody hearing date for two years.

	CYS executives told me any Judge that wanted to know would have 
ordered the CYS papers direct. They say it is improper for a Judge to leave it
to the opposition to inform. That is only used as a stall. Funny it should
happen in Pittsburgh were Judge Zappella is pres. Judge. With his expertise in
this area you would think he would tell the others how to do it right. Maybe
he is too caught up in the Supreme Court mess to have time to talk to the 
Judges in family division.

	I read in yesterday's paper, the ABA considers the PA Supreme Court a
national EYESORE. So much for taking the matter up with the higher court or
the Judicial Review Board in PA. These guys sit there to.

	The system here is a wreck looking for a place to crash. It will make
for more children waiting for help. 

					George in Pittsburgh


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