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HomeMy WebLinkAbout97-01632 4. The Plaintiffshall be granted exclusive possession of the 1995 Ford Windstar that is jointly owned by the parties, The Defendant shall be granted exclusive possession of the 1989 Ford Ranger. 5. This Order shall remain in full force and effect until the hearing scheduled by this Order, and shall remain in effect during any continuances or extensions of the hearing, and during any delay between the hearing and the entry and service of the Final Order. 6. A hearing shall be held on the I{ r1,- day of ,/-lfJ ,1997, at /tJ', ~ U o'clock fri.1. in Courtroom No. -, ....5 of the Court of Common Pleas of Cumberland County, located at One Courthouse Square, Carlisle, Pennsylvania. 7. The Pennsylvania State, East Pennsboro and Swalara Township Police Departments shall be provided with a copy of this Order by attorney for Plaintiff. 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 not be taken to jail but shall bc taken without unnecessary delay before thc Court that issued the Order. When that Court is unavailable, the Defendant shall bc arraigned bcforc a district magistrate who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rulcs of Criminal Proccdure (35 P.S, Section 10190). .- '" ., " , . I : ~~~'(l~d (~~ ..\" 1\\\,,\ ~ (.... . CYNTHIA E, REED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PE:-.1NSYLVANIA CIVIL ACTION - LAW v. JOSEPH K. REED. NO, 97- 1(P3 'J... Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff, Cynthia E. Reed, by and through her attorney, KatWeen Carey Daley, Esquire, and respectfully represents thaI: 1. The Plaintiff, Cynthia E. Reed, is an adult individual residing at 41 Victoria Way, Camp Hill, Cumberland County, Pennsylvania 17011. 2, The Defendant, Joseph K. Reed, is an adult individual residing at 41 Victoria Way, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant were married on September 13, 1980, in Harrisburg, Pennsylvania, 4, There are two children born of this marriage, Ryan Reed, born July 8. 1983, and Jason Reed, born July 3, 1987. Both children reside at4 1 Victoria Way, Cumberland County, Pennsylvania 17011. S. The Defendant has committed acts of abuse directcd at the Plaintifl'so as to cause her to be in imminent fear of serious bodily harm as follows: A. The Defendant has a drinking problem where he consumes exccssive wnounts of alcoholic bevemges on a daily basis and becomes loud and abusive in this impaired state causing the Plaintiff and the minor children to be fearful. B. The Defendant follows the Plaintiff to her work location, monitors her telephone contacts and refuses to permit her to leave her home at will, He controls the behavior of the Plaintiff on a daily basis and is abusive and aggressive if the Plaintiff cannot account for her time to his satisfaction. C. On March 27, 1997, the Plaintiff contacted the East Pennsboro Township Police because she feared for her safcty. The Defendant did not believe that the Plaintiff had spent her lunch hour with a female friend as she had stated, He became agitated and threatening. He threw food all over the dining area and threatened to crwn a piece of pizza down the Plaintiff's throat. The Plaintiff called the police. fearing for her safety. The Plaintiff removed herself from the residence on March 27, 1997, and has not returned to the home except to pick up some clothing, Over the weekend, the Defendant called Plaintiff and demanded that she remove all her property from the home or he would destroy it. D, The Defendant is threatening to the Plaintiff and has assaulted the Plaintiff when she has attempted to leave the marital residence to remove herself from this abusive environment. In the summer of 1996, fearing for her safety, the Plaintiff left the marital home on foot because the Defendant refused to give her keys to either marital vehicle, The Defendant then pursued her in a vehicle, took her purse, bruised her ann and left her on a road at 11:00 p,m. with no resources for her transportation or protection. E, The Plaintiff has been forced to Icavc the marital residence at least twelve (12) times during the last year due to the outrageous conduct of the Defendant. She has contacted her parents on these occasions to assist her and has stayed with her sister. She believes that this is inappropriate to the well-being of her children who witness these episodes, The abusivc actions have never been focused on the children but are harmful to their emotional well-being, F. The impaired state of the Defendant due to his alcohol consumption, his unstable emotional status and his obsession with the Plaintiff make the Plaintiff fearful for her safety. This fear is exacerbated now that the Plaintiff has made these Rllegations in this pleading, 6. The Defendant has used or threatened to use the lollowing weapons against Plaintiff: the Defendant has left a shotgun at the front door of the marital home and has implied through his conduct that he would use this weapon to end his life, 7. The Plaintiff is seeking an order of child custody as part of this petition wherein: A. During the past five years, the children have resided with the following persons and at the following addresses: with their mother and father at the marital home, B. Plaintiff does not know ofa person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The Defendant owes a duty of support to Plaintiff on behalf of the minor children. The Defendant is self-employed but is believed to have an annual income of525,OOO.00, 9, The Plaintiff believes that she is in immediate and present danger of abuse and that an order is necessary to protect herself from abuse as the result of Defendant's prior actions, 10. The Plaintiff has been forced to incur legal expenses to bring this action seeking protection from abuse. The costs for said action total 5420.00. WHEREFORE, Plaintiff prays this Honorable Court to grant the following relief: I. Require the Defendant to refrain from abusing Plaintiff and placing her in fear of abuse. 2. Schedule a hearing in this matter and, after such hearing, enter an order: A. enjoining the Defendant from abusing, harassing and threatening the Plaint;ff or placing her in fear of abuse; , I . , II C. granting exclusive possession of the 1995 Ford Windstar that is jointly I ,~ \1 I. d :1 , '. ! .1 B. granting exclusive possession of the residence located at41 Victoria Way, Camp Hill, Cumberland County, Pennsylvania, to the Plaintiff and the children for a one-year period; owned by the parties to the Plaintiff and the 1989 Ford Ranger to the Defendant; D. awarding temporary primary physical custody of the children to Plaintiff and establish temporary visitation rights to Defendant; and E. paying all costs of these proceedings including, but not limited to, attorneys fees in the amount of$420.00, service fees and filing fees. Respectfully submitted, Date: (l3/~J/ f 7 Kath een Carey Daley, Esq Atto ey No. 30078 DALEY LAW OFFICES 1029 Scenery Drive Harrisburg, PAl 71 09 (717) 657-4795 Attorney for Plaintiff CYNTHIA E. REED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V A.1\,fIA CIVIL ACTION - LAW v. NO. 97-1632 JOSEPH K. REED, Defendant PROTECTION FROM ABUSE h AND NOW, tm. ~ ,",.f agreement of the parties and with the Defendant ORDER wi , 1997, upon aking no admission regarding the averments contained in the petition of the Plaintiff, it is hereby ORDERED and DECREED as follows: I. The Defendant shall have no contact with the Plaintiff except for counseling sessions which shall occur upon the mutual agreement of the parties. This shall include in.person and telephone contact. 2, The Defendant shall not abuse, harass, stalk or threaten the Plaintiff or place her in fear of such abuse. He shall not go to the Plaintiff's place of employment or to the home of her family and friends without specific invitation to do so. 3. The Defendant and children are granted exclusive possession of the residence located at4I Victoria Way, Camp Hill, Cumberland County, Pennsylvania, for a period of one (I) year from the date of this Order. The Defendant shall have no access to this premise except for one (1) visit to remove his items of personal property necessary for his business operations. This visit shall occur onvt.AfJIJt,IW7J*JI'I 16:WMI1~ A//~ lJ.~lJ ~ 2.. 'OO(!F~1' U-rt..e i1U...J.d-J Mtd- . 'Tlu.. -,:f4',tf(hf ..ryr~ f./~u.- /l{.t) nl..t/.t 41;4ff'(IlIIiw1/6t',c,L.~t .M:. -/-Lt- M~~ W<-L I-rz,Vn O+- ~ oxzM. , " r,r.r,~t. .. n'/ F'\,,~~~;;:~, ,.....:~\ .'-' " ~ -\1"': \ C~\ ~\\\:?C:: ,n".'"' 1\. ell 1" " . .. .,\ . :-1 '.- ~ I _ ".:,. ..,',' ,:.:-rJ" C.JI'.. l' "'11?0o.1 '(\:).\.... P_\JV~uMJ2't hw-dsd ~o PIQ:" end ~t{ CYNTHIA E. REED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO, 97-1632 JOSEPH K. REED, Defendant PROTECTION FROM ABUSE STIPULATION AND AGREEMENT OF PARTIES AND COUNSEL AND NOW, this f.(d day of llj.A ,i _,1997,the parties having reached an agreement as to the above-captioned action and the Defendant making no admission regarding the averments contained in the Petition of the Plaintiff, do, however, hereby stipulate and agree along with their individual counsel that the attached proposed Order shall be signed by your Honorable Court. Signed their hands and seals the day and year first-above written. Ka (I q&.1. /1)) 'f- '-fJ t1/J d ./ Cynthia E. Reed ("".,f /-<~. <) Joth K. Re~ ~ CYNTHIA E. REED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintifl' v, : NO, 97-1632 JOSEPH K. REED Defendant : PROTECTION FROM ABUSE ~ AND NOW, this ~ day 0 , 19CJ7, upon consideration of the within Petition, it is ORDERED AND DECREED that the Protection from Abuse Order issued by this Court on April 4, 1997 in this matter, is hereby recinded and vacated. Proper service shall be made by the attorney for the Plaillliffto all entities previously served with the Protection from Abuse, BY THE COURT: J. t :-- .'-"j-;:: " ",( .: I, ( r:'1,': I " n9 l.~:.., i\:: " : . ~ , ,c I ,... Dcfcndant : PROTECTION FROM ABUSE , , ~ ,I I I I CYNTHIA E. REED Plaintitf : IN HIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v, : NO, 97.1632 JOSEPH K, REED PETITION TO WITlIDRA W PROTECTION FROI\I ABUSE ORDER AND NOW, comes the Plaintiff, Cynthia E, Rced, by and through her attorney, Kathleen Carey Daley, Esquire, and avers thc following: I. The Plaintilf, Cynthia E. Reed, is an adult individual who resides at 41 Victoria Way, Camp Hill, Cumberland County, Pennsylvania 17011, 2. The Defendant, Joseph K. Reed, is an adult individual who resides at 41 Victoria Way, Camp Hill, Cumberland County, Pennsylvania 170 II, 3 The Plainliff and Defendant were married on September 13, 1980, in Harrisburg, Cumberland County, Pennsylvania 17011. 4. There are two children born of this marriage, Ryan Reed, born July 8, 1983, and Jason Reed, born July 3, 1987. Both children reside at 41 Victoria Way. Cumberland County, Pennsylvania 17011. 5. On March 31,1997, a Temporary Protection from Abuse Order was signed by the Honorable George E. Hoffer, A true and correct copy of which is attached as Exhibit "A". 6. A Protection from Abuse Order was entered by this Honorable Court on April 4, 1997, as the result of the agreement of the parties, A tnle and correct copy of which is attached as Exhibit "U", 7, Since the lime of the granting of the Protection lrom Abuse the Plaintiff and Defendant have complied with the terms and conditions us set forth therein, 7. Thc Defcndllnt has experienccd II serious hcalth crisis which rcquircd hospitalization and on-going treatment and PllIintill' has bccn askcd to permit thc Defcndantto return to the marital home, 8, Thc I'laintiffbclicves that the Delcndant is receiving propcr services that will help to resolve the underlying problems that resulted in the nced for the Protection from Abuse Order, 9. The Plaintiff and the Defendant are jointly seeking the withdrawal of the Protection from Abuse Order, WHEREFORE, the Plaintiff and Defendant respectfully request this Honorable Court to issue the proposed Order which withdraws Ihe order of April 4, 1997. Proper service shall be made by the attorney for the Plaintiff to all entities previously served with the Protection from Abuse. Respectfully submitted, r I. athleen Carey DaleycE, quire Attorney No, 30078 DALEY LAW OFFICES 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 By: Attorney for Plaintiff VERIFICATION Upon my personal knowledge, infornlUtion and belief, I, Cynthia E, Reed, do hereby verify that the facts averred and stutements made in the foregoing Petition are true and correct. 1 understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa,C,S,A. 9-190-1 relating to unsworn falsification to authorities. Date: /1 . 1 ( i ."'L( '-, 11/ / ,;H) 7 ~ , /i ...... ~/'J, d By: C~I+I!I;I (< A.(: I~ oJ Cynthia ,Reed, PlaIntiff t . 4. The PlaintilTshall be granted exclusive possession of the 1995 Ford Windstar that is jointly owned by the panies. The Defendant shall be granted exclusive possession of the 1989 Ford Ranger. 5. This Order shall remain in full force and effect until the hearing scheduled by this Order, and shall remain in effect during any continuances or extensions of the hearing, and during any delay between the hearing and the entry and service of the Final Order. ~ 6. A hearing shall be held on the J.\ tn day of ~.() .1997, '-' at _10 ~ 3D o'c1ock ~.M. in Courtroom No. -3 of the Court of Common Pleas of Cumberland County, located at One Courthouse Square, Carlisle, Pennsylvania. 7, The Pennsylvania State, East Pennsboro and Swatara Township Police Departments shall be provided with a copy of this Order by attorney for Plaintiff. This Order sha11 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 not be taken to jail but shall be taken without unnecessary delay before the Court that issued the Order. When that Court is ur.available, the Defendant shall be arraigned before a district magistrate who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure (35 P.S. Section 10190). 8. TIllS IS AN ORDER OF COURT. ANY VIOLATION OF THIS ORDER SHALL CONSTITUTE CONTEMPT OF COURT AND MAY BE PUNISHABLE BY A FINE OF UP TO $1.000.00 AND A JAIL SENTENCE OF UP TO SIX (6) MONTHS. BY TIlE COURT: )~ G C f)("W rC'. ~~ J. T~' ,- "'"\'~V " f'\H,: 1,,;....:', H:;("I\~ oFCQoD I .~ ..\.., ''''1 . '... " ~... -. ~. - i. n . t1.:.. 1..:',Il.y 'II ';~:.. t~":I. I ::~(C ur;~'l .".-.t 1l'~/Ii.n'A . ..... ... ......." ... IU a~:1 ill", :.If;''? ui ;:','i.; \.:J:H~ Ji C;,ni~.:" Fa. Tf.is .31 s l!t)~J~~b- hJ9, (..,e.< I d JlQ"fI /-;" -Iy Prothonotary , The Plaintiff is awardedt:::rI:;~ custody of the children, Ryan Reed, born I I I : 4. July 8. 1983, and Jason Reed, born July 3, 1987. The children will visit with their father under a schedule of partial custody as agreed to by the parties. 5. The Plaintiff is granted exclusive possession of the 1995 Ford Windstar owned by the panies. The Defendant is granted exclusive possession of the 1989 Ford Ranger owned by the I I ! parties. 6. The Defendant shall pay to Plaintifrs counsel the sum ofS420.00 in counsel fees plus $45.50 in filing fees incurred as the result of this action. J!:i :~;~ h.L 7. The Pennsylvania State, East Pennsboro and Swatara Township Policfl)epartments shall be provided with a copy of this Order by attorney for Plaintiff. 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 not be taken to jail but shall be taken without unnecessary delay before the Coun that issued the Order. When that Court is unavailable, the Defendant shall be arraigned before a district magistrate who shal1 set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure (35 P.S. Section 10190). 8. TIllS IS AN ORDER OF COURT. ANY VIOLATION OF THIS ORDER SHALL CONSTITUTE CONTEMPT OF COURT AND MAY BE PUNISHABLE BY A FINE OF UP TO $1,000.00 AND A JAn.. SENTENCE OF UP TO SIX (6) MONTHS. BY THE COURT: ISI G.eC'>";mJl. (" ~(~..fG'(" George E. Ho er, Judge TRUE COpy FROM RECORD In Testimony whereof, I here unto G{rt my hand 'Ind the seal of slIid Court at Carlisle, Pa, ihls Jf-ItI da~ 01 ~, 19~ \J,An I M 0/'1''1 f ' >. Prothonotary