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HomeMy WebLinkAbout02-5125 N RE: VIN. CENT JOSEPH PERRy, a minor. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ORPHANS COURT DIVISION EMERGENCY PETITION FOR RESTRAINING ORDEI< AND NOW, comes Petitioner Kathy J. Perry, legal guardian of Vincent Joseph Perry, a minor, by and through her counsel, Skarlatos & Zonarich LLP, and avers the following: 1. Petitioner is Kathy J. Perry, legal guardian of Vincent Joseph Pen'y, a minor, who resides at 32 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Vincent Joseph Perry, a minor, resides with Petitioner at 32 Derbyshire Drive, Carlisle, Cumberland County, Peunsylvania, 17013. 3. Petitioner is the legal guardian and adoptive parent of Vincent Joseph Perry by virtue of a Final Decree in Adoption entered by this Court on April 28, 1989 at 14 ADOPTIONS 1989. 4. Respondent is Marie Elena Rivera, a/k/a Lena Rivera, whose last known address is 746 Girard Street, Harrisburg, Dauphin County, Pennsylvania, 17104. Respondent is the birth mother of Vincent Joseph Perry, a minor. 5. Respondent has been contacting Vincent Joseph Perry, a minor, to the alarm of both young Vincent and Petitioner, as follows. 6. On or about November 19, 2001 at approximately 4:00 p.m., Respondent arrived unannounced at Petitioner's residence while Vincent and a friend were playing in the driveway. Respondent initiated conversation under the pretext of obtaining driving directions. espondent's inquiry progressed until she eventually informed Vincent that she was his birth mother and was acquainted with the mother of Vincent's brother, Nicholas James Perry, a minor, also adopted. Respondent inquired of Vincent as to where he attended school, whether his parents were good to him, and how long he planned on residing in Petitioner's home. She also informed Vincent that she had previously attempted to contact him by telephone and provided Vincent with her telephone numbers. Petitioner's late husband, Vincent's adoptive father, became aware of Respondent when he summoned Vincent for dinner. Respondent informed Vincent's father that she knew where Vincent resided for the previous three years. Vincent's father then requested that Respondent cease any further contact with Vincent. 7. On or about December 21, 2001, Respondent met Vincent at his school bus stop and presented him a Christmas greeting card. Said Christmas card contained a note explaining that Respondent would not be contacting Vincent in the future and contained a photograph of Respondent. 8. Most recently, on October 21, 2002, Respondent entered the Yellow Breeches Middle School under the false auspices of enrolling a child at the school. Petitioner inquired as to what grade levels were enrolled at the school, school bus stops, building layout and directions, curriculum, class schedules, classrooms, etc., and made an appointment to meet a guidance counselor at the end of the school day. Respondent anived at the school at 2:33 p.m. on October 21, 2002 and was identified from a file picture by the building receptionist. Shortly after her arrival, Respondent identified Vincent, approached him and handed him an envelope containing a letter a signed, handwritten letter dated October 21, 2002 as well as a photograph of herself. Said letter explained that Respondent would be moving out of the Central Pennsylvania area on ctober 24, 2002 and to the area of Tampa, Florida. A true and correct copy of the October 21, 2002 letter from Respondent is attached hereto and incorporated herein as Exhii~it "A". 9. Subsequent to this incident, the School has indicated its intention to issue a letter of Defiant Trespass to Respondent prohibiting her from being on property owned or leased by the South Middletown School District or at any of the School District Bus Stops and has contacted the pennsylvania State Police. 10. A notarized affidavit narrating the events of October 21, 2002, drafted and signed by Fred S. Withum, III, principal of Yellow Breeches Middle School is attached hereto and incorporated herein as Exhibit "B". 11. The actions of Respondent have caused Vincent great emotional distress, confusion, anxiety, fear, sadness and loss, and have required him to undergo additional psychological counseling. 12. A notarized affidavit relaying the events of October 21, 2002, drafted and signed by Vincent Joseph pen] is attached hereto and incorporated herein as Exhibit "C". 13. A notarized affidavit relaying the events of October 21, 2002, as well as the history of unwanted contact by respondent, drafted and signed by petitioner, is attached hereto and incorporated herein as Exhibit "D". 14. By the events set forth in the preceding paragraphs and as more specifically set forth in the attached Exhibits, Respondent has caused Petitioner, Vincent Joseph Pen] and Nicholas James Pen] great annoyance and alarm and caused fear for their collective and individual safety. 15. By Respondent's continued unwanted contact with Vincent, and the representations that she will be leaving the Central Pennsylvania area, Respondent has caused Petitioner and Vincent to fear that Respondent has been planning and will attempt an abduction of Vincent. 16. The continued pattern of attempted contact with Vincent, despite the wishes of Petitioner and Vincent, are of grave concern. 17. The revelation, through Respondent's October 21, 2002 letter that Respondent will be leaving the jurisdiction, creates concern and alarm that Respondent will attempt to abduct Vincent and flee the jurisdiction. WHEREFORE, Petitioner Kathy J. Perry respectfully requests this Honorable Court to enter an Order restraining Respondent Marie Elena Rivera, a/k/a Lena Rivera from any further contact with Vincent Joseph Perry or Nicholas James Perry or Petitioner Kathy J. Perry and to maintain a distance of no less than three-hundred (300) feet from any and all of the above-named individuals at all times. Dated: October 22, 2002 By: Respectfully submitted, SKARLATOS i:IF T Identifica~ ~o. 204 State Street Harrisburg, Pennsylvania 17101 (717) 233-1000 Attorneys for Petitioner & ~NAPdCH LL? Esquire 79989 ~tuire ~B302 Exhibit A Exhibit B OUTH MIDDLETON SCHOOL DISTRICT 4 Forge Road Boiling Springs, PA 17007 Yellow Breeches Middle School 7 17-258-6484 4 Forge Road Facsimile: 717- 258-0301 Boiling Springs, PA 17007 October 22, 2002 Yellow Breeches Middle School Incident Report On the evening of October 21, 2002, I received a call from Mrs. Kathy Perry regarding an incident that happened that afternoon. Her son, Vincent Perry was approached by Made Rivera in lobby of the school during dismissal. Mrs. Rivera was positively identified by our receptionist through a photograph provided by Mrs. Perry. It was assumed that Ms. Rivera had entered the building as students exited. However, after meeting with Mrs. Perry and further investigation, it was revealed that Ms. Rivera contacted the school earlier in the day under the premise that she was enrolling a new seventh grade student. She told the counselor that her family was moving into the Mayapple Development (This is the development in which the Perry's reside.). She asked if all 6th, 7th, and 8th grade students attended Yellow Breeches Middle School. She asked about bus stops, the curriculum, and requested copies of materials for her children. The counselor asked to establish a time to meet with Ms. Rivera to enroll her student. Ms. Rivera also requested a building tour. Ms. Rivera was told by the counselor that she would not be available until the end of the school day (2:45 PM). The counselor contacted the building receptionist and told her to expect a new parent at the end of the school day. At 2:33 PM, Ms. Rivera entered the school, showed her PA drivers licence, signed-in with the receptionist, accepted a visitors pass, collected registration information and proceeded to appear as if she was waiting for the counselor. She signed out of the building at 2:50 PM. It is likely just after or just before signing-out of the building, she located Vincent Perry in the lobby adjacent to the office. She called to him, approached him, and gave him an envelope with a letter and photograh (Copy Attached). The letter indicates that she is leaving the area and clearly did not enter the building with the intention of enrolling a student. The photograph was used to identify Ms. Rivera. Though prior incidents have not occurred on school district property, ! am aware of the history of Ms. Rivera and the Perry family. We have provided both internal counseling, as well as support to external counselors in an attempt to help Vincent cope with the sudden appearance of his birth mother in his life. With Ms. Rivera's willful disruption of Vincent's normal routine, the guise under which she approached Vincent, and the nature of the information she collected about our school has only served to intensify Vincent's anxiety, fears, and feelings of sadness and loss. My interview with Vincent also indicates that he truly fears that he will be abducted. Regardless of her motives, which remain unknown to me, it is clear that Ms. Rivera has inflicted an unnecessary emotional toll on Vincent. It is the intention of the South Middleton School District to issue a letter of Defiant Trespass to Ms. Rivera prohibiting her from being on a property owned or leased by the South Middleton School District or at any of the School Districts bus stops. Fred S. Withum III Principal ~.Ye~hes Middle School~ Notarial Seal I Ann B. Failer, Notary Public ~ South MiddletonTwp., Cumberland County ~ My Commission Expires Apr. 12, 2004 Mem~?e~I~ 'Patnma~Supenntendent of Schools Dr. Jacquie Lesney, Assistant Superintendent of Schools Mr. Davis Bitner, Assistant Principal of Yellow Breeches Middle School Mrs. Kathy Perry, Parent of Vincent J. Perry Exhibit C Yesterday October 21 2002 my birth mother came to my school around 2:48pm and handed me an envelope with a picture of her and a letter that was the front and back of the paper. This makes me nervous and upset. It makes me feel nervous because if she could get into my school what makes me think that she won't try to get into my house and take me away. It makes me upset because it seems like she's putting pressure on me to see her when I am older or to go with her now. When she gave me the envelope she told me that she was leaving in a couple of days and that she just wanted to give me the letter and picture before she left to go to Tampa Bay Florida. She has told me last year in a letter that she would not make any contact with me until I was old enough to make my own decisions. My decision is to have no contact with my birth mother unless I want to. i Notar a Seat -- Ann B. Fa Ior, Notary Public I South Midd eton Twp., Cumberland County My Commission Ex~ires Apr. 12, 2004 Member, Pennsvlv~ni~ ,~s .oci~tion Of Notaries Vincent Perry 10/22/02 Exhibit D PERSONAL VOLUNTARY STATEMENT 22 October 2002 I Kathy J. Perry do hereby make this voluntary statement concerning the unwanted, unwelcome contact that has been made by Mafia Rivera to my family. There is a long-standing history of the unwanted and unwelcome contacts being made by Ms. Rivera spanning over the past several years. During this period she has continued to ignore our repeated request, pleas, and demands to cease and desist all contact with my family. Her continued unwanted and unwelcome contact with my family (my late husband, my two sons, and myself) has had a significant negative impact on our social, emotional, and economic well-being. My family and I have serious concerns for our safety and well being with as a result of these continued unwanted and unwelcome contacts. The most recent event occurred on 21 October 2002. Ms. Rivera went to the school of my oldest son (Vincent) and delivered a letter to him. This action caused great emotional discomfort for Vincent. This unwanted contact raises serious concern for the safety of Vincent. The impact of all these activities has a tremendous negative impact on my entire family. This unwelcome and unwanted contact must stop. This statement is hue and correct to the best of my knowledge and belief. Kathy J. Perry Notarial Seal Ann B. Failor, Notary Public South M ddleton Twp., C~mberland County My Commission Expires Apr. 12, 2004 N RE: VINCENT JOSEPH PERRY, a minor. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. _ ORDER AND NOW, this ~ day of October, 2002, THE FOLLOWING IS HEREBY ORDERED: 1. The Emergency Petition for Restraining Order of Petitioner Kathy J. Perry is hereby GRANTED; A Restraining Order is hereby issued and shall be enforced against Respondent Made Elena Rivera, a/k/a Lena Rivera, 746 Girard Street, Harrisburg, Dauphin County, Pennsylvania, 17104; Respondent shall have no contact with Vincent Joseph Perry, Nicholas James Perry or Kathy J. Perry; Respondent shall maintain a distance of not less than three-hundred (300) feet from any and all of the above individuals; Respondent shall not enter onto property owned or leased by the South Middletown School District or at any of the School District bus stops; Any law enforcement officer may enforce this Order and arrest Respondent for its violation; The Sheriff of Cumberland County shall serve this Order upon the person of Respondent as soon as is practicable. BY THE COURT: SHERIFF'S RETURN - CASE NO: 2002-05125 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERRY KATHY J VS RIVERA MARIE ELENA ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT RIVERA MARIE ELENA AKA LENA RIVERA but was unable to locate ~er in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within PROTECTION FROM ABUSE Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On October 28th , 2002 , this office was in receipt of tile attached return from DAUPHIN Sheriff,s Costs: Docketing Out of County Surcharge 18.00 9.00 10.00 .00 .00 37.00 10/28/2002 JOHN ZONARICH Sworn and subscribed to before me Sheriff of Cumberland County Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 Ph:(717)255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : PERRY KATHY J AS LEGAL GUARDIAN OF vs RIVERA MARIE ELENA AKA LENA RIVERA Sheriff,s Return A/~D NOW:October 23, ORDER AND PETITION RIVERA MARIE ELENA AKA LENA RIVERA to DEF @ POST OFFICE of the original ORDER AND PETITION to him/her the contents thereof at 746 GIRARD ST HBG, PA 17104-0000 No. 2420~T - -2002 OTHER COUNTy NO. 02-5125 2002 at 12:lSPMserved the within upon by personally handing 1 true attested copy(ies) and making known Sworn and subscribed to before me this 23RD day of O~f~BER' 2002 ! PROTHONOTARY SO Answers, Sheriff of Dauphin County, Pa. By eputy~h~~~ Sheriff,s Costs: $25.50 PD 10/23/2002 RCPT NO 170866 In The Court of Common Pleas of Cumberland County, Pennsylvania K~thy j. Perry as legal gUardian of Vincent Joseph Perry, a minor VS. Marie Elana Rivera aka Lena Rivera SERVE: Same NO. 02 5125 civil ~X~ow, October 23, 2002 _, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sher/ffof Cumberlund County, PA /X~Tow, ~ within Affidavit of Service 20 at o' -' ~' ----__ clock ~ M. served the upon at by handing to a2]d made known to copy of the original _ the contents thereo£ 8o answers, Sworn and subscribed before me this ----_ day of_________, 20 Sheriffof COSTS SERVICE MILEA GE AFFIDA VI ~-'---------- County, PA