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HomeMy WebLinkAbout97-00308 J ,It> ~ \ [ , i I I I , ~ ~ ! 'i I .. . .. ~ I Vl tl ~ ~ ~ '" , "'./ .I'."'" ."l /' f ~ ~ ........ ~ ... <:) ~ :1 ~: I v. IUI,J~LlIU2 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY t .. i I VINCENT L. WISE, Plaintiff .t. JENNIFER L. KOPROSKI, Defendant : NO. 97-308 CIVIL TERM CUSTODY AGREEMENT AND ORDER OF COURT THIS AGREEMENT, made this 31'1 day of May, 2002, between plaintiff, Vincent L. Wise ("Father"), and defendant, Jennifer L. Koproski ("Mother"), concerns the custody of their child, Marcus A. Wise, born November 5, 1994. Father and Mother desire to enter into an agreement as to the custody of the child and to have this agreement made an Order of Court. Father and Mother agree to the following: I. The father and mother shall share legal custody of the child. 2. The father and mother shall share physical custody of the child as follows: a. The father shall have primary physical custody of the child from the day after school lets out for summer break to the day before school begins. b. The mother shall have primary physical custody of the child from the day before school begins to the day after school lets out for summer break. During this period, the father shall have partial custody of the child every weekend, from Friday at 6 p.m. to Sunday at 6 p.m. c. The father shall have primary physical custody of the child from the day after school lets out for winter break to the day before school recommences after winter break. d. The father shall have primary physical custody of the child from the day after school lets out for spring break to the day before school recommences after spring break. 3. The father and mother shall have custody of the child on alternating holidays including E,l~ter, MemOlial Day, Fourth of July, Labor Day, Thanksgiving lllld Christmas, as the parties shall agree. The times for the holidays in this pamgraph shall be agreed upon by the pm1ies. 4. The father shall have custody of thc child on Father's Day, and the mother shall have custody of the child on Mother's Day. 5. The father and mother shall be entitled to reasonable telephone access with the child while the child is in the other's custody. 6. The pm1ies shall keep one another advised of their CUITent address and telephone number. 7. The father and mother will notify each other of all medical care the child receives while in that parent's care. The father and mother will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 8. Neither parent will do anything which may estrange the child from the other pm1y, or injure the opinion of the child as the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 9. Mother has been advised and understands that the Family Law Clinic represents only Father's interesls in this matter, and that the Family Law Clinic cannot give her any legal advice, except that she should contact her own attol11ey. Mother understands this and has decided to proceed without counsel. JENNIFER LYNN KOPROSKI, II Minor by JANE KOPROSKI, her Guardian, IN TIlE COURT OF COMMON I'LEAS OF v. CUMBERLAND COUNTY,PENNSYLVANIA NO. 97-_.3P'g CIVIL TERM VINCENT LEE WISE, Defendant PROTECTION FROM ABUSE AND CUSTODY PRon:CTION ORnER AND NOW, this ""2$ day of January, 1997, upon consideration of the Consent Agreement of the parties, the following Order is entered: I. The defendant, Vincent Lee Wise, is enjoined from physically abusing the plaintiff, Jennifer Lynn Koproski, a Minor, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintilT including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintilT and from harassing her relatives and the parties' minor child. 4. The defendant is prohibited from entering the plaintiffs place of employment or school. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintilT or jointly owned by the parties. 6. The defendant is ordered to stay away from the plaintiffs residence located at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania, and is ordered to stay away from any residence the plaintilT may in the future establish for herself 7. Court costs and fees are waived. 8. This Order shall remain in elTect for a period of one (]) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pallern or practice that indicates risk of harm to the plaintil1~ This Order shall be enforceable in the same marmer as the Court's prior Temporary Protection Order entered in this case. 9. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 "a.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.e.S. ~6114, punishable by imprisonment up to six months and a fine of $100.00- $1,000.00; and iv) civil contempt under 23 l'a.e.S. ~6114.1. 10. The Pennsylvania State Police and Carlisle Police Department and any other appropriate police department shall be provided with certified copies of this Order by the plaintifl's allorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police ofiicer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. ~6] 13). :J By the Couo/ ,{ /! J J ;j IV Edgar B. Bayley, Judge Joan Carey L.EGAL. SERVICES, INC. Attorney for Plaintiff - ('~'f~ n>~.A 1/ J.7; /q'l. ..s(J. Vincent Lee Wise, Defendant 336 West Penn Street Carlisle, PA ]7013 \"'_~'" r:: ;~.:. ...../ ,. .1 t " r - . ',i. ,','1 r," .. .~ \., 7: ~ l:. ~ ' ..' . ..,..." ' '. and natural development of the child's love or respcct for thc other parent. .,IJ 6':;1;:; Edgar B. Bayley, Judgc Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff ... ~""' ~"- I /;J~ J~. p Vincent Lee Wise, Defendant 336 West Penn Street Carlisle, PA 17013 JENNIFER LYNN KOPROSKI, a Minor by JANE KOPROSKI, her Guardian, IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYL VANIA VINCENT LEE WISE, Defendant NO. 97-308 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CONSENT AGREEMENT ..i This Agreement is entered on this ~ day of January, 1997, by the plaintiff, Jennifer Lynn Koproski, a Minor, by her Guardian, Jane Koproski, and the defendant, Vincent Lee Wise. The plaintilf is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The panies agree that the following may be entered as an Order of Co un. 1. The defendant, Vincent Lee Wise. agrees to refrain from abusing the plaintiff, Jennifer Lynn Koproski, or from placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintilf including, but not limited to, telephone and written communications, except for the limited purpose offacilitating custody arrangements. 3. The defendant agrees not to harass and stalk the plaintilf and not to harass the plaintiff's relatives and the panies' minor child. 4. The defendant agrees not to enter the plaintiff's place of employment or sChDOI. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintilf or jointly owned by the panics. 6. The defendant agrees to stay away from the plaintiff's residence located at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania, and the defendant agrees to stay away from any residence the plaintilf may in the future establish for herself. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (I) year and can be extended beyond that time if the Court linds that the defendant has committed an act of abuse or has engaged in a pall em or practice that indicates risk of hann to the plaintiff. The defendant understands that this Order will be enfDrceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge ofindirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a line ofSl OO.OO-S I ,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. 10. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, Marcus Anthony Wise. a) The mother will have primary physical and legal custody of the child. b) The father will have partial custody of the child on dates and at times mutually agreed upon by the parties. c) The mother and father agree that each will notify the other Df all medical care the child receives while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the child is in that parent's care. d) The parties realize that their child's well being is paramDunt tD any differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE. the parties request that a Protection and Custody Order be entered to renect the above terms. 1J;C/~k ?U;A"., Vincent Lee Wise. Defendant J an Carey. Attorney or Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 JENNIFER LYNN KOPROSKI, a Minor by JANE KOPROSKI, her Guardian, IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYL VANIA VINCENT LEE WISE, Defendant NO. 97-'7C~ CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION ORDER AND NOW, this fl of January, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Jennifer Lynn Koproski, a 17-year old minor, by her guardian, Jane Koproski, her mother, reside together at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania, is in immediate and presenl danger of abuse from the defendant, Vincent Lee Wise, the following Temporary Order is entered. The defendant, Vincent Lee Wise, (SSN: 171-58-1981)(DOB: 12/19/70), an adult individual who resides at 336 West Penn Street, Carlisle, Cumberland County. Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Jennifer Lynn Koproski, or from placing her in fear of abuse. The defendant is ordered to stay away from the plaintiffs residence located at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania. a residence which is owned in the name of the guardian, Jane Koproski, and is ordered to stay away from any residence the plaintiff may in the future establish for herself The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to. telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives, and the plaintiffs minor child. The defendant is enjoined from entering the plaint ill's place of employment or school. ~ I, .~ The defendant is enjoined from removing. damaging. destroying or selling any property owned jointly by the parties or owned by the plaintiff. A viDlatiDn of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113i ii) a private criminal cDmplaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to silo months and a fine DfSIOO.OO-SI,OOO.OO; and iv) civil contempt under 23 Pa.C.S. ~6114.1. This Order shall remain in etlcct until modified or tenninated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of hann to the plaintiff.. Temporary custody of Marcus Anthony Wise. is hereby awarded to the plaintiff, Jennifer Lynn Koproski. A HEARING SHALL BE HELD ON THIS MA ITER ON JANUARY ,)J 1997, AT '3. .10 P.M., IN COURTROOM NO.~, OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheritl's Department shall attempt to make service at the plaintitl's request and without pre-payment of fees. but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Pennsylvania State Police and the Carlisle Police Department shall be provided with certified copies of this Order by the plaintitl's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated. whether or not the violation is t JENNIFER LYNN KOPROSKI, a Minor by JANE KOPROSKI, her Guardian, IN THE COURT OF COMMON PLEAS OF :0 CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- .jOi CIVIL TERM VINCENT LEE WISE. Defendant PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. ~6101 et seq. A. ABUSE I. The guardian. Jane Koproski, is the mother of the minor plaintiff, Jennifer Lynn Koproski. 17 years old. The plaintiff resides with her guardian at 4365 Carlisle Road. Gardners, Cumberland County, Pennsylvania 17324. 2. The defendant, Vincent Lee Wise, (SSN: 171-58-1981)(008: 12119170), is an adult individual residing at 336 West Penn Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the father of the plaintiff 5 two-year old child, Marcus Anthony Wise. 4. Since approximately May. 1994, the defendant has attempted to cause and has intentionally. knowingly, or recklessly caused bodily injury to the plaintiff, Jennifer Lynn Koproski, hereinafter known as Jennifer, has placed her in reasonable fear of imminent serious bodily injury, has knowingly engaged in a course of conduct or repeatedly committed acts toward Jennifer, including following her without proper authorization, under circumstances which have placed Jennifer in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a) On or about January 4, 1997, the defendant telephoned Jennifer at her fesidence in the early hours of the morning, threatened to blow up her home where she lives with her mother and son, then callEd her several times and harassed her. Jennifer feared for her safety and that of her mother and son. b) On or about December 23, 1996, the defendant threatened to hum down Jennifer's home with her mother and son inside. c) In or about the spring of 1996, the defendant threw a tightly wrapped disposable diaper at Jennifer hitting her in the side of the face. Jenniter sustained II laceration and bruising about her eye as a result of this incident. d) In or about the fall of 1995, the defendant threw a household object at Jennifer, and when the object missed her, the defendant became angry, punched his fist through the window, slammed Jennifer against the wall, and slapped and punched her in the face. In or about the same period in 1995, the defendant brandished a baseball bat and threatened to hit Jennifer with it. e) In or about the summer of 1995, the defendant repeatedly punched Jennifer about her anns and her legs as she held the parties' baby in her arnls causing her to fear for her safety and that of her child. Jennifer sustained bruising and soreness about her anns and legs as a result of this incident. l) In or about May of 1994, the defendant punched Jennifer, who was five (5) months pregnant, in the stomach g) Since approximately 1994. thc defendant has abused Jennifer in Wllys including, but not limited to. pushing. shoving. slapping, punching. choking, pulling her hair, grabbing her by the IIrms. and restraining her. The defendant has frightened and intimidated Jennifer on numerous occasions by following her about including to her school where he grabbed her and slammed her against the car, yelled in her face, called her names, threatened her with bodily hann and threatened to kill her several times. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct Dr indirect contact with her including, but not limited to, telephone and written communicatiDns. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking her, and from harassing her relatives and her minor child. 8. The plaintiff desires that the defendant be restrained from entering her place of employment or school. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. B. EXCLUSIVE POSSESSION 10. The home from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the name of Jane Koproski, and the defendant has never resided there. The plaintiff does not seek to evict the defendant from his residence. C. SUPPORT II. The defendant has a duty to support the parties' minor child. 12. The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage, and payment of unreimbursed medical expenses for the parties' minor child. 13. The defendant is unemployed. 14. The plaintil1's income is insufficient to provide for her minimal needs and those of the parties' minDr child until such time as a support order can be obtained by filing at the Domestic Relations Office. 15. The plaintiff intends to petition for support within two weeks of the issuance of a protectiDn order. D. REIMBURSEMENT FOR COST OF CASE 16. Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources. in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing. E. TEMPORARY CUSTODY 17. The plaintiff seeks temporary custody of the following child/ren: Name Marcus Anthony Wise Address 4365 Carlisle Road Gardners, PA ~ 2 years old DOB: November 5,1994 The child was born of wedlock. The child is presently in the custody of Jennifer Lynn Koproski, the plaintiff, who resides at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania. Since his birth the child has resided with the following persons and at the following addresses: ~ Plaintiff. her mother, Jane Koproski, and her boyfriend, Michael Yust Address 4365 Carlisle Road Gardners. PA nam September, 1996 to the present Plaintiff, defendant, his mother and step-father, Margaret and Russell Corbett, and his brother Wayne Losh 336 West Penn Street Carlisle, PA November S, 1994 to SeptlllJ1ber, 1996 The plaintiff, the mother of the child, is Jennifer Lynn Koproski, curfently residing at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania. She is single. The plaintiff currently resides with the following persons: Namr Marcus Anthony Wise Jane Koproski Michael Yust Rrlationship her son her mother her mother's boyfriend The defendant, the father of the child, is Vincent Lee Wise, currently residing at 336 West Penn Street, Carlisle, Cumberland County, Pennsylvania. He is single. The defendant currently resides with the following persons: Name Margaret and Russell Corbett Wayne Losh Rrlationship his mother and step-father I.is brother 18. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 19. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 20. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 21. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take ClIRl of the minor child and who has provided for the emDtional and physical needs of the child since his birth. b. The defendant has shown by his abuse of the plaintilTthat he is not an appropriate role model for the minor child. WHEREFORE, pursuant 10 the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P.S. *6101 el ~., as amended, the plaintilTprays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff, Jennifer Lynn Koproski, and from placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct Dr indirect contact with the plaintilT including, but not limited to, telephone and written communications; 3. Ordering the defendant to refrain from harassing and stalking the plaintilTand from harassing her relatives and the parties' minor child; 4. Prohibiting the defendant from entering the plaintiff's place of employment and school; 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintilT; 6. Ordering the defendant to stay away from the plaintiff's residence located at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania, which the parties have never shared, and ordering the defendant to stay away from any residence the plaintilT may in the future establish for herself, and 7. Granting temporary custody of the parties' minor child, Marcus Anthony Wise, to the plaintiff, Jennifer Lynn Koproski. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, aller such hearing. enter an order to be in effect for a period of one year: I. Ordering the defendant to refrain from abusing Jennifer Lynn Koproski and from placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct Dr indirect contact with the plaintill' including, but not limited to, telephone and wriuen communications, except for the limited purpose of facilitating custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the parties' minor child. 4. Prohibiting the defendant from entering the plaintiffs place of employment or school. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintiffs residence located at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania, which the parties have never shared, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 7. Granting support to the plaintiff for the parties' minDr child in the amount of $35.00 per week payable to the plaintilfin the fonn ofa check or money order, mailed to her residence; ordering the defendant to provide health coverage to the parties' minor child, and ordering the defendant to pay all of the unreimbursed medical expenses of the parties' minor cbild to the provider or to the plaintiff when she has paid for the medical treatment. 8. Ordering the delendant to pay $250,00 10 Cumberland County, one of Legal Services, Inc.'s funding sources. in lieu of attorneys' fees, as reimbursement for the cost or Iiligating this case and assessing the $25.00 surcharge and court costs to the del'endant il'the case goes to hearing. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Pennsylvania State Police and the Carlisle Police Departments and any other appropriate police departments which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 22. The allegations of Count I above are incorporated herein as if fully set forth. 23. The best interest and pennanent welfare of the minor child will be served by continning custody in the plaintiff as set forth in Paragraph 21 of the Petition. WHEREFORE, pursuant to 23 P.S. * 5301 et ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, , CI~ ~l!::. )080 Carey, Attorney for laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ,-- ) , ) " . - I f. ::] I >} r . ,-., .. , ;-oj . } ~ .. ,rn ! -) :.J - --<.: ~s ~~ SHERIFF'S RETURN - REGULAR CASE NOI 1997-00308 P COMMONWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND !(OPROSKI__JJ:;JfNrFER LYNN VS. n~!L.YLNCE~J LEE -JM.y.ljLn!;JUliHE~L_______._ --______o __~ ShlPriff or DlPputy Sheriff of CUMBERLAND County, PlPnnsylvania, who being duly sworn according to law, .ays, thlP within PROTF.CTION FROM ABUSE was servlPd upon _WISE vtNCF;NT !.EE ---'- _ -____ _________._.______ __._______ thlP defendant, at 1730100 HOURS, on the 17th day of Januarv 1997 at 336 WEST PENt! 5T-'-___ _.______________ _ _____. QAR!.J;SLE,. PA t.?:glJ..;3_________ -__ ___ _._ ___ _ ___ _ -J CJJIfI!I~I~L,^_N~_____~ County, P.nnsy1vania, by handi.ng to YIfic::.F.NT__JH.5f._ __.._________.__ _.________ a true and attested copy of the _ P-ROJ:.f.G.TIQ..N_E.I!..QILA_B!J~!,;____________._____..J together with TEMPORARY e~PTECTIO~__QRP!,;R_~OTICE AND PE~ITION , and at th. sam. time directing ~i~ attention to the cont.nts th.reof. Sheriff's CoStSI Dock.ting S.rvicll' Affidavit Surcharg. 18.00 3.10 .00 2.00 823.10 So answ.rsl. . __ vd r ~#--<: ~ H. Tnomas I\Un., ::..;{~ 00/00/0000 by ~)~L~- lPpU y ~(J" Sworn and SUbscribec;-L:o befor. me (!:- this .1.9 day of ""7-_._ 19JL A. D. ---~rf::n~t:h-r-~.-':--..- . 1 , ! . i, L. C. Heim KATHERMAN, HElM & PERRY AttorneyI.D. No. 23155 345 East Market Street York, PA 17403 (717) 854-5124 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Condemnation by the COMMONWEALTH OF PENNSYLVANIA, Department of Transportation, of the Right-of-Way for State Route 0015, Section A12, a Limited Access Highway in the Township of Upper Allen Civil Action - LAW NO. 00-2824 CARL E. DALLMEYER and KELLY J. DALLMEYER Plaintiff EMINENT DOMAIN PROCEEDING IN REM vs. COMMONWEALTH OF PENNSYLVANIA, PennDOT Defendant PETITION FOR THE APPOINTMENT OF BOARD OF VIEWERS PURSUANT TO 26 P.S. SI-502(a) The petition of Carl E. Dallmeyer and Kelly J. D::tllmeyer ("condemnees") by their undersigned counsel, represents: 1. On May 5, 2000, condemnees were the owner in fee simple of property located at in Upper Allen Township, Cumberland County, Pennsylvania. 2. On May 5, 2000, a declaration of taking was filed of record by the Commonwealth of Pennsylvania, Department of Transportation (" condemnor"), including the property herein. A copy of the declaration of taking is attached as Exhibit II A. II No preliminary objections to the declaration of taking have been filed which remain undisposed. 3. The subject property is more fully described in Deed Book 163, Page 659, and is identified as Parcel No. 37 in the declaration of taking filed in this matter as follows. 4. The names and addresses of all other condemnees and mortgagees known to condemnee to have an interest in the subject property are as follows: a. M& T Bank, 21 East Market Street, Yark, Pennsylvania, having a first mortgage against the property. 5. By virtue of the declaration of taking condemnor condemned the property taking a fee simple or absolute title in a portion of the property. 6. Condemnees and condemnor have been unabh~ to agree upon the just compensation for the property. WHEREFORE, condemnee requests that this Court appoint three viewers to assess the damages to which condemnee is entitled by reason of the condemnation. KATHERMAN, HElM & PERRY by: /f/~ ~[eim Attoffil~Y for Plaintiff ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.. OlIo ~ f?;)cf ~ IN RE: CONDEMNATION BY THE . I . . COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT OF j TRANSPORTATION, OF THE \ RIGHT-OF-WAY FOR STATE : ROUTE 0015, SECTION A12, A LIMITED ACCESS'HIGHW A Y IN THE TOWNSHIP OF UPPER ALLEN .. ..0 ~- ~ EMINENT DOMAIN PROCEEruN"G-; -- (.: ~'... IN REM '::" ,{ :.. ~::=~ , ';.'~ ~_ ~~_:~.. L' ~ ~-. :3 '" -i.'i~ ~c: ~\ -<. .-' .:,"',,"J:l I.' i- .. :,'-q - "f '1~\ N '..:!t ,. ? ~ " ...1 DECLARATION OF TAKING TO THE HONORABLE, THE JUDGES OF.THE. SAID COuRT: This Declaration of Taking, based on the provisions of Article IV, Section 402, of the Eminent Domain Code, Act of June 22, 1964, P. 1. 84, 26 P. S. 1-402, as amended, respectfully represents that: I. The Condemnor is the-- Commonwealth of Perinsylvania, Department of Transportation, acting through the Secretary of Transportation. 2. The address of the Condemnor is: Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel P.O. Box 8212 Harrisburg, PA 17105-8212 3. The Department of Transportation is authorized by the provisions of Section 2003(e) of the Administrative Code of 1929, P; 1. 177, 71 P. S. 513(e), as amended, to acquire by gift, purchase, condemnation or otherwise, land in fee simple or such other estate or interest as it shall determine, in the name of the Commonwealth for all transportation purposes. -ft~~:~~~. ~t~~~~,'~.____;_.. ::<>__ -~~..,~"".",:-'::-' "-~~~..:;;:-:-,-:~-. _ ,_ ;~,~::'.-c_,~,;:...., . . ~ '___::,:,~:..~_ I<~ ."'-<!'~} ..,"f..:.~~~~~z::.~~!,er:~ .::;--"..;:~tt",,~ft:":~~~"'-;:-'.~ . -~ f-~~ ~,_- ,~';:,:-.::":-:t ~'_-: - ,. ~":.:~'3-~;: . ;-~~:: ,- -""-""""",~"""-'-~~~-,,,,,","'~""'~'~-- ':-,",""--. ~_.....~.........-= .-'--.... . - - ,;~..':..f.~:;i:.-~.~k.;;:3..:~......;~-- r-;"'~5:~=f~~":'- -7"~~).. 4. The within condemnation has been authorized by a plan signed by the Secretary of Transportation on February 18, 2000, entitll:d "Drawings Establishing and Re-establishing a Limited Access Highway Authorizing Acquisition of Right-of-Way for State Route 0015, Section A12 RIW in Cumberland County, and State Route 2004, " a copy of which plan was filed in the County Recorder's Office in Cabinet 3, Drawer 1 at Page 130 on March 10,2000. 5. The purpose of the within condemnation is to acquire property for transportation purposes. .. 6. A Schedule of Property Condemned identifying and specifying the location of the property hereby condemned is attached hereto and made a part hereof. 7. Plails showing the property hereby condemned may be inspected in the Recorder's Office of the aforesaid County at the places indicated on the attached Schedule of Property Condemned or, if not shown thereon, on the day of the filing of this document being lodged for record or filed in said Recordl:r's Offices, where they may be inspected. 8. The nature of the title hereby condemned is fee simple and a temporary constuction easement. 9. In the event there are recoverable minerals (including gas and oil) within the areas, if any, hereby condemned in fee simple, the mineral rights (including rights to gas and oil) in those areas are hereby excepted and reserved from this condemnation, provided however, that the right of support of the areas condemned is included within the scope of this condemnation, and no access from the sUlface of such areas for removal purposes will be allowed without permission from the Commonwealth. -'''.''- ..' .- -~--_.."--"._. -'-.~'-'-'~ - ._'''--~~''"-'--.'''"''".- ~ --. ....'. ..-...:--'-.-----........--=;;.... . . - . ," . -~ - ....-.._" ---":'"d:-~~~~~,~.....~. , -,,-_.- - ~." -- _:",:-_...:,~-;' - - -~.. : __ _ '_~~7 _ ., ~c_~:~~:zj.L;.~?:~-~"- -..;,............,...- _...._-~ - ,-""'~ - ..-'- '-:""":.~~'-~""""'"" ';~:-&.:.;;'-' ~t... ;~-'-;i_-'<';;': :.~.;. '; ;~. -: ~~~~?;~ ~._-=- '.....-"':..~.-....:.o;::-._.~.~.......-?~ ,".. . ---. '-.....=. .,.....-. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT t:>F TRANSPORTATION SCHEDULE OF PROPERTY CONDEMNED (Declaration ofTaking) Page 1 RW437 (IOIW) 080039 Cumberland i Q05-0131-115 I U ~r Allen Townshi ,0015-AI2 ~.~ ~ ~...JI TYPE OF DESCRIPTION D- Deed Description p- Plan lodged for rel:ording with Notice of Condemnation . R- Pllin now recorded in Recorder's.office Parcel I Claim No. I Number 37 21000330000 Plan (if any) Recorded in Cabinet 3. Drawer I Page 130 Sheets #57. 26, 28 & 31 I 140 I I I I I 46 57 Name, Mailing Address, Property Interest of Condemnees, and Location of Condemned Pro Carl E. Dallmeyer. A Married Man and Kelly J. Dallmeyer. A Single Woman. as Joint Tenants with the right of survivorship 4775 N. Sherman Street Ex!. . M!. Wolf. PA 17347 Location of Property Deed Book 163. Page 659 ~I0004.10000 ! William F. ROlhman. Charles F. Schubert I and Samuel L. Reed. Anna Bianco. Incorporated. William F. Rothman. I Pres iden t I TDiBI A Rothman. Schubert and Reed Realtors I 308 cast Penn Driye Enola, PA 17025 I ! Cnbin~t 3. Dra\\ier I Page 130 Sheets #21, 28. & 31 R I i I I Location of Property Deed Book Q-33. Page 1038 21000460000 Country Square Partnership. A Pennsylvania General Partnership Ashcombe Products Company,-General Partner John S. Thornton, CEO 19 North Baltimore Street Dillsburg. PA 17019 R Cabinet 3. Drawer I Page 130 Sheets # ~2 & 3 I Location of Property Dced Book 204; Page 1146 21000490000 Alice R. Mountz, Single 899 Emily Drive Mechanicsburg. PA 17055 R Cabinet 3. Drawer I Page 130 Sheets # 22 & 30 Location of Property Deed Book 134. Page 259 .."7~7 ."-- ~ -~ c~ _:i~ ~~ I hereby verify that the statements in this PETITION are true and correct to the best of my knowledge information and belief. I understand that false statements herein are made subject to the penalties of 18 P AC.S. Sec. 4904, relating to unsworn falsification to authorities. DATE: March 2, 2005 ~/p( CARL E. DALLMEYER: ..., C':::) z;; :1!: r) ." -< T--n i-\1p -rlCrl ~.':J C:J <~?) ?:~:) ~r; .';~"m (":{ :~:'~ ::.'( .~..,,, ;..;.; I W '-.:? 1".....) JENNIFER LYNN KOPROSKI, a Minor by JANE KOPROSKI, her Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- ,50&" CIVIL TERM VINCENT LEE WISE, Defendant PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION ORDER AND NOW, this n of January, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Jennifer Lynn Koproski, a 17 -year old minor, by her guardian, Jane Koproski, her mother, reside together at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Vincent Lee Wise, the following Temporary Order is entered. The defendant, Vincent Lee Wise, (SSN: 171-58-1981)(DOB: 12/19170), an adult individual who resides at 336 West Penn Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Jennifer Lynn Koproski, or from placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania, a n:sidence which is owned in the name of the guardian, Jane Koproski, and is ordered to stay away from any residence the plaintiff may in the future establish for herself The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives, and the plaintiff's minor child. The defendant is enjoined from entering the plaintiffs plac(: of employment or school. \-' r'\l}.S'J:!JrJ . 1 i. '~Ti\Tl;) ::::.. :~ ,,->>i L~: }:C;\/~L:,_', .,,",', ;-':,;,..i'. :D!:EO"-G::LU The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. Temporary custody of Marcus Anthony Wise, is hereby awarded to the plaintiff, Jennifer Lynn Koproski. A HEARING SHALL BE HELD ON THIS MATTER ON JANUARY ,1J 1997, AT 3. jc P.M., IN COURTROOM NO. -d.-, OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriffs Department shall attempt to make sefVIce at the plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Pennsylvania State Police and the Carlisle Police Department shall be provided with certified copies of this Order by the plaintiffs attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. ~6113). / Judge By the Court, Joan Carey LEGAL SERVICES, INe. Attorney for Plaintiff JENNIFER LYNN KOPROSKI, a Minor by JANE KOPROSKI, her Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 97- CIVIL TERM VINCENT LEE WISE, Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 before the court. JENNIFER LYNN KOPROSKI, a Minor by JANE KOPROSKI, her Guardian, IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYL VANIA NO. 97- ,JOY CIVIL TERM VINCENT LEE WISE, Defendant PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. ~6101 et seq. A. ABUSE I. The guardian, Jane Koproski, is the mother of the minor plaintiff, Jennifer Lynn Koproski, 17 years old. The plaintiff resides with her guardian at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The defendant, Vincent Lee Wise, (SSN: 171-58-1981)(DOB: 12119/70), is an adult individual residing at 336 West Penn Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the father of the plaintiff's two-year old child, Marcus Anthony Wise. 4. Since approximately May, 1994, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, Jennifer Lynn Koproski, hereinafter known as Jennifer, has placed her in reasonable fear of imminent serious bodily injury, has knowingly engaged in a course of conduct or repeatedly committed acts toward Jennifer, including following her without proper authorization, under circumstances which have placed Jennifer in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a) On or about January 4, 1997, the defendant telephoned Jennifer at her residence in the early hours of the morning, threatened to blow up her home where she lives with her mother and son, then called her several times and harassed her. Jennifer feared for her safety and that of her mother and son. b) On or about December 23, 1996, the defendant threatened to burn down Jennifer's home with her mother and son inside. c) In or about the spring of 1996, the defendant threw a tightly wrapped disposable diaper at Jennifer hitting her in the side of the face. Jennifer sustained a laceration and bruising about her eye as a result of this incident. d) In or about the fall of 1995, the defendant threw a household object at Jennifer, and when the object missed her, the defendant became angry, punched his fist through the window, slannned Jennifer against the wall, and slapped and punched her in the face. In or about the same period in 1995, the defendant brandished a baseball bat and threatened to hit Jennifer with it e) In or about the summer of 1995, the defendant repeatedly punched Jennifer about her arms and her legs as she held the parties' baby in her arms causing her to fear for her safety and that of her child. Jennifer sustained bruising and soreness about her arms and legs as a result of this incident f) In or about May of 1994, the defendant punched Jennifer, who was five (5) months pregnant, in the stomach g) Since approximately 1994, the defendant has abused Jennifer in ways including, but not limited to, pushing, shoving, slapping, punching, choking, pulling her hair, grabbing her by the arms, and restraining her. The defendant has frightened and intimidated Jennifer on numerous occasions by following her about including to her school where he grabbed her and slammed her against the car, yelled in her face, called her names, threatened her with bodily harm and threatened to kill her several times. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with her including, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking her, and from harassing her relatives and her minor child. 8. The plaintiff desires that the defendant be restrained from entering her place of employment or school. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. B. EXCLUSIVE POSSESSION 10. The home from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the name of Jane Koproski, and the defendant has never resided there. The plaintiff does not seek to evict the defendant from his residence. C. SUPPORT 11. The defendant has a duty to support the parties' minor child. 12. The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage, and payment of unreimbursed medical expenses for the parties' minor child. 13. The defendant is unemployed. 14. The plaintiffs income is insufficient to provide for her minimal needs and those of the parties' minor child until such time as a support order can be obtained by filing at the Domestic Relations Office. 15. The plaintiff intends to petition for support within two weeks of the issuance of a protection order. D. REIMBURSEMENT FOR COST OF CASE 16. Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing. E. TEMPORARY CUSTODY 17. The plaintiff seeks temporary custody of the following childlren: Name Marcus Anthony Wise Address 4365 Carlisle Road Gardners, P A A2e 2 years old DOB: November 5,1994 The child was born of wedlock. The child is presently in the custody of Jennifer Lynn Koproski, the plaintiff, who resides at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania. Since his birth the child has resided with the following persons and at the following addresses: Name Plaintiff, her mother, Jane Koproski, and her boyfiiend, Michael Y ust Address 4365 Carlisle Road Gardners,P A Dates September, 1996 to the present Plaintiff, defendant, his mother and step-father, Margaret and Russell Corbett, and his brother Wayne Losh 336 West Penn Street Carlisle, P A November 5, 1994 to September, 1996 The plaintiff, the mother of the child, is Jennifer Lynn Koproski, currently residing at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania. She is single. The plaintiff currently resides with the following persons: Name Marcus Anthony Wise Jane Koproski Michael Yust Relationship her son her mother her mother's boyfriend The defendant, the father of the child, is Vincent Lee Wise, currently residing at 336 West Penn Street, Carlisle, Cumberland County, Pennsylvania. He is single. The defendant currently resides with the following persons: Name Margaret and Russell Corbett Wayne Losh Relationship his mother and step-father his brother 18. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 19. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 20. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 21. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor child and who has provided for the emotional and physical needs of the child since his birth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P,S. g6101 et seq., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff, Jennifer Lynn Koproski, and from placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the parties' minor child; 4. Prohibiting the defendant from entering the plaintiff's place of employment and school; 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff; 6. Ordering the defendant to stay away from the plaintiff's residence located at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania, which the parties have never shared, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, and 7. Granting temporary custody of the parties' minor child, Marcus Anthony Wise, to the plaintiff, Jennifer Lynn Koproski B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing Jennifer Lynn Koproski and from placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the parties' minor child. 4. Prohibiting the defendant from entering the plaintiffs place of employment or school. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff 6. Ordering the defendant to stay away from the plaintiff's residence located at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania, which the parties have never shared, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself 7. Granting support to the plaintiff for the parties' minor child in the amount of $3 5.00 per week payable to the plaintiff in the form of a check or money order, mailed to her residence; ordering the defendant to provide health coverage to the parties' minor child, and ordering the defendant to pay all of the unreimbursed medical expenses of the parties' minor child to the provider or to the plaintiff when she has paid for the medical treatment. 8. Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of attorneys' fees, as reimbursement for the cost oflitigating this case and assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing. The plaintiff further asks that this Petition be filed and served without payment offees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Pennsylvania State Police and the Carlisle Police Departments and any other appropriate police departments which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 22. The allegations of Count I above are incorporated herein as if fully set forth. 23. The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as set forth in Paragraph 21 of the Petition. WHEREFORE, pursuant to 23 P.S. ~ 5301 et seq., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, rO-zL/IV ~.~ .Joan Carey, Attorney for laintiff LEGAL SERVICES, INe. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named plaintiff, Jennifer Lynn Koproski, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dater/YtJ. /((1 J jqq 7 (j;m,.~ ~'e: ~ J . fer L y oproski, . ntiff ~. C' t' ~ "'il .,-, -' t-..} -d ;c.) );-11 ..J .-<; SHERIFF'S RETURN - REGULAR CASE NO: 1997-00308 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND j50PROSK_L.2:ENN ~ FER LYNN VS. '1(!.!?J;:_YINCE'~~L LEE ~.J)AV:lQ~_!'ICKINNEY~_ .~__,_.~. ... . J Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who to law, says, the within PROTECTION upon ,-,HSE VINCENT LEE __.._ defendant, at 1730:00 HOURS, on the 17th day of January 199'[ at _...~.:36 WEST- PENN, ST_,-_ Gb.Rl, I Sb.~L..O_...l'A...)'.7glJ_~____~_._._ ,.,_ ,. being duly FROM ABUSE sworn according was served the HJ g]'!!'I!l~Rb.ANJ2~ -,,","-' County, Pennsylvania, by handing to VI..Nt;:!'NT~_WJJ?J;:.. a true and attested copy of the ,.!'KQ-TJ;:CT.ION_fJml'!_bJ~JJ!?J;;.~~_~ -' together wit h TEMPORARY t'RQTECT I ON..QRRJ;.l:L@J' IgX,,-~.!HL.l)_1;;1:rI:rQ!L_______~_-, and at the same time directing HAJ! attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 2.00 $23.10 So answe..rs:.. . . //.d f~<'~ R. Thomas Kl.in:: ::e 00/00/0000 by ~I ~L~ epu y ~ Sworn and. e:ubscrib~o before me this __-?-:-"___ day of r''''7 . 1 9 __~5!.L._ A. D. -~---~~-r~?i-.~~-~--~ JENNIFER LYNN KOPROSKI, a Minor by JANE KOPROSKI, her Guardian, IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-_.3.Q'8 CIVIL TERM VrNCENT LEE WISE, Defendant PROTECTION FROM ABUSE AND CUSTODY PROTECTION ORDER AND NOW, this """2J day of January, 1997, upon consideration of the Consent Agreement of the parties, the following Order is entered: I. The defendant, Vincent Lee Wise, is enjoined from physically abusing the plaintiff, Jennifer Lynn Koproski, a Minor, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose offacilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives and the parties' minor child. 4. The defendant is prohibited from entering the plaintiff's place of employment or school. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 6. The defendant is ordered to stay away from the plaintiff's residence located at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania, and is ordered to stay away from any residence the plaintiff may in the future establish for herself 7. Court costs and fees are waived. 8. This Order shall remain in effect for a period of om: (I) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. *6114, punishable by imprisonment up to six months and a fine of $100.00- $1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. 10. The Pennsylvania State Police and Carlisle Police Department and any other appropriate police department shall be provided with certified copies of this Order by the plaintiffs attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 PaC.S ~6113). By tlJeCou. rjj0i/j. .' Ii ' V( \ . Edgar B. Bayley, Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff ~ ~ 1/:l7>/'7'1 "g (1. Vincent Lee Wise, Defendant 336 West Penn Street Carlisle, PA 17013 -'j :z:, ~:1 t: (; t't ".: I 1~) ALVl.C;;,~" .:r} ::8U::D~CJ-!U JENNIFER LYNN KOPROSKl, a Minor by JANE KOPROSKl, her Guardian, IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-~%" CIVIL TERM VINCENT LEE WISE, Defendant PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDER AND NOW, this ...7 day of January, ] 997, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Marcus Anthony Wise. ] . The plaintiff, a Minor, hereinafter referred to as the mother, shall have primary physical and legal custody of the child. 2. The defendant, hereinafter referred to as the father, shall have partial custody of the child on dates and at times mutually agreed upon by the parties. 3. This Order shall remain in effect until further Order of Court. 4. The mother and father shall notify each other of all medical care the child receives while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 5. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. Joan Carey LEGAL SERVICES, INe. Attorney for Plaintiff Vincent Lee Wise, Defendant 336 West Penn Street Carlisle, P A 17013 .... / / f3y the Co6rii \W~J Edgar B. Bayley, Judge . ~ ,j:2:?>I 'i''l. .... ~(1.., ...J.,p JENNIFER LYNN KOPROSKI, a Minor by JANE KOPROSKI, her Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 97-308 CIVIL TERM VINCENT LEE WISE, Defendant PROTECTION FROM ABUSE AND CUSTODY CONSENT AGREEMENT ,.R. This Agreement is entered on this H day of January, 1997, by the plaintiff, Jennifer Lynn Koproski, a Minor, by her Guardian, Jane Koproski, and the defendant, Vincent Lee Wise. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. I. The defendant, Vincent Lee Wise, agrees to refrain from abusing the plaintiff, Jennifer Lynn Koproski, or from placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's relatives and the parties' minor child. 4. The defendant agrees not to enter the plaintiff's place of employment or school. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 6. The defendant agrees to stay away from the plaintiff's residence located at 4365 Carlisle Road, Gardners, Cumberland County, Pennsylvania, and the defendant agrees to stay away from any residence the plaintiff may in the future establish for herself 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. 96113; ii) a private criminal complaint under 23 Pa.C.S 96113.1; iii) a charge of indirect criminal contempt under 23 Pa.CS. 96114, punishable by imprisonment up to six months and a fine of $100 00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 96114.1. 10. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, Marcus Anthony Wise. a) The mother will have primary physical and legal custody of the child. b) The father will have partial custody of the child on dates and at times mutually agreed upon by the parties. c) The mother and father agree that each will notifY the other of all medical care the child receives while in that parent's care. Each parent will notifY the other immediately of medical emergencies which arise while the child is in that parent's care. d) The parties realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. reflect the above terms. WHEREFORE, the parties request that a Protection and Custody Order be entered to LEGAL SERVICES. INe. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 1);'~~ k, ?J~A "J Vincent Lee Wise, Defendant (~J, q , :..~ j :,~ 'c-~~ \ -\\ : ?-') '"in .-\ ..':l . - '.:-1 .....1 - v. JULp002 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : IN CUSTODY VINCENT L. WISE, Plaintiff JENNIFER L. KOPROSKI, Defendant : NO. 97-308 CIVIL TERM CUSTODY AGREEMENT AND ORDER OF COURT TillS AGREEMENT, made this 31 ,t day of May, 2002, between plaintiff, Vincent L Wise ("Father"), and defendant, Jennifer L. Koproski ("Mother"), concerns the custody of their child, Marcus A. Wise, born November 5,1994. Father and Mother desire to enter into an agreement as to the custody of the child and to have this agreement made an Order of Court. Father and Mother agree to the following: I. The father and mother shall share legal custody of the child. 2. The father and mother shall share physical custody of the child as follows: a. The father shall have primary physical custody of the child from the day after school lets out for sunnner break to the day before school begins. b. The mother shall have primary physical custody of the child from the day before school begins to the day after school lets out for summer break.. During this period, the father shall have partial custody of the child every weekend, from Friday at 6 p.m. to Sunday at 6 p.m. c. The father shall have primary physical custody of the child from the day after school lets out for winter break to the day before school recommences after winter break. d. The father shall have primary physical custody of the child from the day after school lets out for spring break to the day before school recommences after spring break. 3. The father and mother shall have custody of the child on alternating holidays including Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas, as the parties shall agree. The times for the holidays in this paragraph shall be agreed upon by the parties 4. The father shall have custody of the child on Father's Day, and the mother shall have custody of the child on Mother's Day. 5. The father and mother shall be entitled to reasonable telephone access with the child while the child is in the other's custody. 6. The parties shall keep one another advised of their current address and telephone number. 7. The father and mother will notify each other of all medical care the child receives while in that parent's care. The father and mother will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 8. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 9. Mother has been advised and understands that the Family Law Clinic represents only Father's interests in this matter, and that the Family Law Clinic cannot give her any legal advice, except that she should contact her own attorney. Mother understands this and has decided to proceed without counsel. 10. The parties intend to be legally bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. ~;,,~..f X'. '1",) ~ 11// Vincent L. Wise, Plaintiff ,wJJtL TO. PLACE ROBERT E RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle,PA 17013 (717) 243-2968 ORDER AND NOW, this f( day of ) approved and entered as an Order of Court ~.,)~L'1/al():J.. fir .:ii~ ~~. ~ d'>V~A-J ~ ,JJ.i'. Q1' 301 .)k;3 2DD2 , 2002, the above Custody Agreement is \ / llli --------