HomeMy WebLinkAbout97-02976
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OFFICE OF THE DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
,.
ONE COURTJ-{OUSE -'QUARE
CARLISLE. PENNSYLVANIA 17013
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FEB 0 6 1998
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SHELBY J. HOllEY,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-2976 CIVIL TERM
V.
JAMES A. REISCH,
Defendant
: CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 6th day of February, 1998, this Court certifies that the attached
complaint has been properly completed and verified, and there is probable cause for the issuance
of process. In consideration of the attached Commonwealth's Petition, the defendant JAMES A.
REISCH is directed to appear fo~trial on the charge of Indirect Criminal Contempt before the
court on the 'ItA day Of~, 1998 at3: 30 o'c1ock-f2-.m. in Courtroom #-i- of the
Cumberland County Courthouse, Carlisle, Pennsylvania,
The defendant has a right to be represented by an attorney, Ifthe defendant cannot afford
an allorney, upon request one will be assigned to represent the defendant. If the defendant
wishes assignment of counsel, contact should be made prior to trial with the Cumberland County
Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, and arrest
warrant will be issued.
The Sheriff of Cumberland county is directed to serve this Order and Petition upon the
defendant. The assessment of costs to be detennined by the Trial Judge subsequent to trial.
By the Court,
J.
William J. Gabig
::::::::~::=A<wm'Y / ,,/,,; j'<" t. <<.fi' {'f'~
JAMES A. REISCH
COMMONIVEALTII OF PENNSYLVANIA
COtlNTY OF CtlMJlERLAND
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POLICE
CRIMINAL COMPLAINT
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Mbn. CllMllt:RI.AND COllNTY
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CARLlSU:. PA
COMMONWEA1.1'1I OF PENNSY1.\'AN1A
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OTN:
JAMES A. Rt:ISCII
UNCOLN MOTEL
I.Ineolll Slreet
CARLISLE, PENNSYLVANIA 17013
n,rtndsnl', Surb! Snurlt Numhtor Udrndanl" SID
I 77,SII.7S29
l'omplllnUlncldrnl Numbtr
98,1188
District Anomey's Office 0 "pproved 0 D1.,appro.'ed herOlJSr:
(The IJi\lrkl Allorncy ilia)' require thai the fUllIfllainl. utcll \\:man! alliJa\il. urhlllh he: appflln:J h)' tIll: AUlltllCY fur the ("Ilmnltm~talt" prim In filinl!. l'a.R.cr.l',I07.)
l'nmfllllnl Numbrn IUJlhtr rarlldll,nll
IN.unto1 Antlf1lty f.1f thel',mm..,.rallh .I'ka\t I'flrll.1f T)1'l'1
ISt~lIff{lf^",1I1IC}'r"l'r.-.mll1tl.talthl
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Ddectll'C Lelllia R. Woodford
Name: or AffiOlnl-l'lC':uc I'rinl tit hrc
Cumb~rland COU''')' District Altorn~I"s Of/iu, Crlmi"allm'~stiJ!atlon omu PA0210lJA
Identify Department or Agency Represenled and 1'lllitic.11 Subdi\'isilln !'ulice I\~I:II(Y ORI Numbn
do hereby state: (('''t'eA: npproprinlr arm)
I, !E:I 1 accose Ihe above named defendanl, who lives allhe address sel forth above or,
o I accuse the defendant whose name in unknown to Ole but is described as
o I accuse the defendant whose name and popular designatiun or nickname is unknown to Ole and \",hom I have therefor designated as
John Doe.
wilh violaling Ihe penal laws of Ihe Commonwealth of Pennsylvaniaal 61/1: Nor", Slrul. Carlisi. and Ihe arta hel.."n 100 and U4 N.
Hallover s,ree" Carlisle in Cumberland COU"')' on or about 30 Jallllar)' 1998,II,ough and ;1Ir1uding I Feb,uar)' /998.
49-8
Officer UaJlle Number/I,I).
OF
98-088
(hi~inalinit Agency Cue Number (ex.' AI
Participants were: (If there \Aert participants. place: their lunl(51wrt, tcpc.1ling lunlC IIfahmc dcrc:nwllll
JAMES ,I, REISCII
2. TIle octs commined by the accused wcre:
ISd I'urth a suI!vn:lry tlr lht lacu lullkicnll(' a.hiK lilt delend.un uf Iht rwUft .,rlht urrm\t "I~tltd A ((LIIlilln lu Iht \I~ult a1lqlally \iulMC'li. _ilhuulnw._l", il II<It lufficiC'llI In a lUmmary (lit. )'00 R\U$I nit
Iht lJl<<ilic smim and Iublttlillll (l1tht IlMult III {1I,JlnaMt a1lqlNly \iul"N I
INDIRECT CRIMINAL CONTEMPT - 23 Pa,C,S. ~6114 (2 counts)
The DEFendant did violate Protection Order No, 97-2976 Civil Term signed by the Honorable Kevin A, Hess. Judge on
June 13, 1997, Protection Order No, 97-2976 states that the delendent 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
of facilitating custody arrangements, In addition. the defendant is ordered to stay away from the plaintiffs residence
located at62 W, North Street. Apartment 7, Cumberland County, Pennsylvania. and any other residence the plaintiff may
establish except for the limited purpose of transferring custody. In that the defendant did telephone the plaintiffs
residence on 30 January 1998 and 1 February 1998 and come to the plaintiff's residence on 1 February 1998,
all orwhich were against the peace and dlgmty of the lommonwealth of Pennsylvania and contrary to the Act of Assembly, or in violalion of:
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Derendalll Name: JAMES A, REISCII
Oockel Number:
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POLICE
CRIMINAL COMPLAINT
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J, I usk Ihal 0 a ",arrant afarusl or 181 asllmmons be issued and Ihallhe derendanl be required 10 answerlhe charges I have made, (In
order ror u warmnl ofarresllo issue.lhe anaehed amdavil or probable cause must be eompleled and swom 10 berore Ihe issuing aUlhorilY,)
4, I verify Ihallhe faelS sel fonh in Ihis complainl ore lrue and correcllo Ihe beSI of my knowledge or informalion and belief, This verificalion is
made subjecllo Ihe penalties of See lion 4904 oflhe Crimes Code (18 PA, C,S, 4904) relaling 10 unsworn falsificalions 10 aUlhorilies,
..LR.f€fl. RqB
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mlDallUt' of ("aml'la IIaDI)
AND NOW. on lhis dale .1 eenify lhe complainl hus been properly eompleled and verified, An amdavil
of probable cause muS! be eompleled in order for a warmnllo issue,
(:\111111,".10111"(1)
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1111018. AUlhorU)')
ISEALI
AFFII>A VIT OF PROBABLE CAUSE
('OMPLAINT NUMBER YEAR
TYPE
NUMDER
counT OF COMMON PU:AS OF
CIIMln:RJ.ANJ) COUNTY
('''",plainl Numbers ifOlher Participanls
INCII>ENT NUMBER
')8,088
UCR NO,
260
OTN
COMMONWEALTH OF PENNSYLVANIA
DEFENDANT: VS.
Deteelive Lelilla R. Woodford
(Name of Amanl)
NAME
AND
ADDRESS
JAMES A, REISCH
I,
Lincoln Molel, Lincoln Slreet
Carlisle, PA 17013
of Cumberland County District Attorne)"s Ornce, Crlmlnallll\'esligallon Division
(Identify department or agency represenled and polilical subdivision)
being duly swom (or amnned) before me. according 10 law. deposes and says Ihallhere is probable cause 10 believe Ihal:
PROBABLE CAUSE BELIEF IS DASED ON TIlE FOLLOWING FACTS AND CURCUMSTANCES:
This affiant is a Detective with the Cumberland CountyDistrict Attorney's Office, Criminal
Investigation Division and has been employed as such for the past 13 months.
On June 13, 1997, the Honorable Kevin A. Hess, Judge did sign Protection Order 97-2976
Civil Term, for plaintiff, Shelby J, Holley and defendant, James A. Reisch. Plaintiff and defendant
also entered into a Consent Agreement, prior to the issuance of the Protection Order of June 13,
1997.
Paragraph 2 of Protection Order 97-2976 Civil Term states, "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 of facilitating custody arrangements,"
Paragraph 3 of Protection Order 97-2976 Civil Term states, "The defendant is ordered to refrain from
haraSSing and stalking the plaintiff and from harassing the plaintiffs relatives." Paragraph 6 of
Protection Order 97-2976 Civil Term states, "The defendant is ordered to stay away from the
plaintiffs residence located at 62 W. North Street, Apartment 7, Carlisle, Cumberland County,
Pennsylvania, and any other residence the plaintiff may establish except for the limited purpose of
transferring custody." The Custody Order attached to Protection Order 97-2976 Civil Term, in
paragraph 2 states, "The defendant, hereinafter referred to as the father, shall have supervised
visitation at the YWCA in Carlisle, Pennsylvania:' Paragraph 4 of the Custody Oreler states, "The
mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall
remain in effect until further order of court."
On January 3D, 1998, the defendant did approach the child care provider, Connie Adams at
Phillips Office Products, harassing her and causing a public annoyance and alarm, not to mention
upsetting the minor child. Also on January 3D, 1998, at a time between 1100 hours and 1700 hours,
the defendant did telephone the plaintiff leaving a telephone message on the answering machine.
(Copy of transcribed message attached as 'Exhibit 1')
On February 1, 1998, at approximately 1600 hours, the defendant did go to the residence of
the plaintiff, 62 W. North Street, Carlisle and pound loudly on the plaintiffs door, while screaming at
the plaintiff to open the door, When the plaintiff refused to acknowledge the defendant, he left, Also
TRANSCRIPT OF TAPED
ANSWERING MACHINE MESSAGES
SHELBY JEAN HOLLEY, PLAINTIFF
v.
JAMES A. REISCH, DEFENDANT
NO. 97-2976 CIVIL TERM
CHARGE: PROTECTION FROM ABUSE AND CUSTODY
AFFIANT: DETECTIVE LETITIA WOODFORD
VOICES RECORDED: TO INCLUDE, BUT NOT LIMITED TO:
DETECTIVE WOODFORD & JIM REISCH
TRANSCRIBED BY EVELYN BEAR OF THE CUMBERLAND COUNTY
DISTRICT ATTORNEY'S OFFICE.
02106/98
EXHIBIT I Page 1
JIM REISCH: Hello, ah, this is Shelby Jean Holley at 245-2302, This is
one James Albert Reisch, I was verbally apprehendisly ah an vulgarily yelled at by one
Connie Conehead. I told her to cool her shit. I gave her a couple experlatives. My child
was in a dirty state, had a dirty diaper, was not wearing no gloves, and it was cold
outside. I hope you find this not in your satisfaction, Thank you.
UNIDENTIFIED FEMALE:
UNIDENTIFIED FEMALE:
UNIDENTIFIED FEMALE:
UNIDENTIFIED FEMALE:
JIM REISCH: Hello, Shelby, this is Jim, I'm over on 51h floor in Carlisle like you
give a goddamn, ah, next time I see my kid next to Connie Spedhead Conehead out in the
street with no gloves and a dirty coat on there, ('m gellin Child Human Services after
your bUll, you understand that? If I see you or any of your Spedsie family over here
trying to visit me, I don't give a flying fuck in hell, if) see 'em around here, they'll be
sony, you're not gonna chump change meon no money",
UNIDENTIFIED FEMALE:
UNIDENTIFIED FEMALE:
UNIDENTIFIED FEMALE:
UNIDENTIFIED FEMALE:
UNIDENTIFIED FEMALE:
UNIDENTIFIED FEMALE:
UNIDENTIFIED FEMALE:
Exhibit I Page 2
Carlisle, Cumberland County, Pennsylvania, and any oLher
residence the plaintiff may establish except for the limited
purpose of transferring custody.
7, The court costs and fees are waived,
8. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court. The Order can
be extended beyond its original expiration date if the Court
finds that the defendant has committed another act of abuse or
has engaged in a pattern or practice that indicates continued
risk of harm to the plaintiff.
9, A violation of this Order may subject the defendant to:
i) Ilrrest under 23 Pa.C,S. ~6113i ii) a prh'ate 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. Resumption of
co-residence on the part of the plaintiff and defendant shall not
nullify the provisions of the court order,
10, The Carlisle Police Department shall be provided with a
certified copy of this Order by the plaintiff's attorney and may
enforce t.his Order by arrest for indirect criminal contempt
without warrant upon probable cause that. this Order has been
violated, whether or not. Lhe violation is ~ommiLLed in the
presence of a police officer, Tn the event that an arrest is
made under Lhis sect.ion, Lhe defendant shall be taken wit.hout
unnecessary delay before Lhe coul'L t.hat issued Lhe order. When
all CO's with the elecept.lon of clnssical music, Jnmes Tnylor, and
the music group The Who, some of the VIIS t.apes, 1111 legl11 and
financial information required in the support action, and a
sleeping bag.
6. The defendnnt. agrees to stay awny from the plaintiff's
residence located at 62 W. North St.reet, Apartment 7, Carlisle,
Cumberland County, Pennsylvania, and nny other residence the
plaintiff may establish, elecept for t.he limited purpose of
transferring custody.
7, The defendant, although entering int.o t.his Agreement,
does not admit t.he allegat.ions made in t.he Petition.
8. The defendnnt. understnnd" that. t.he Prot.ection Order
entered in this matter will be in effect. for a period of one year
~nd can be ext.ended beyond It orlglnnl expirat.ion date If t.he
Court finds that the defendant has committed another act of abuse
or has engaged in a pat.tern or practice that indicates continued
I'isk of harm t.o the plalnt.lff. The defendant understands that
t.his Order will be enforceable in the same manner as the Courl's
prior Temporary Protection Order ent.ered in this case.
9, Violntion of t.he Protect.ion Order may subject the
defendant to: I) arrest under 23 Pa.C.S, ~6113; ii) a private
cI'imlllal complaint under 23 Pa,C.S. ~6113.1; iii) a charge of
indirect criminal "ont.empt under 23 Pn.C.S. ~6114, punishable by
Imprisonment up t.o six months and a fine of $100.00-$1,000,00;
and Iv) civil contempt. under 23 Pa.C,S. ~6114,1.
10, The defendnnt nlld the plaintiff agree to the entry of
an Order providing for the fOllowing regarding custody of their
child, Kimberly Lynne Reisch,
a, The mother shall have primary physical and legal
custody of the child,
b, The father shall have supervised visitation of the
child at the YWCA in Carlisle, PennsYlvania,
c, There shall be reasonable notice given to the
other party if a scheduled period of visitation needs
to be cancelled or modified, and a make-up period shall
be offered within a reasonable time frame,
d. The mother and father, by mutual agreement, may
vary from this schedule at any time, but the Order
shall remain in effect until further order of court.
e. The mother and father agree that each shall notify
the other immediately of medical emergencies which
arise while the child is in that parent's care.
f, The mother and father realize that their child's
well being is paramount to any differences they might
have between themselves. Therefore, they agree that
neither party shall do anything which may estrange the
child from the ot.her parent, or injure Lhe opinion of
the child as to the other parent or which may hamper
the free and nat.ural development of Lhe child's love or
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Carlisle, Cumberland County, Pennsylvania, and any other
residence the plaintiff may establish except for the limited
purpose of transferring custody.
7, The court costs and fees are waived.
8. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court. The Order can
be extended beyond its original expiration date if the Court
finds that the defendant has committed another act of abuse or
has engaged in a pattern or practice that indicates continued
risk of harm to the plaintiff.
9, A violation of this Order may subject the defendant to:
i) arrest under 23 Pa.C,S. ~6113j ii) a private criminal
complaint under 23 Pa.C,S, ~6]13,lj iii) a charge of indirect
criminal contempt under 23 Pa,C.S, ~61]4, punishable by
imprisonment up to six months and a fine of $IOO,OO-$I,OOO.OOj
and iv) civil contempt under 23 Pa.C.S. ~6114,1. Resumption of
co-residence on the part of the plaintiff and defendant shall not
nullify the provisions of the court order.
10. The Carlisle Police Department shall be provided with a
certified copy of this Order by the plaintiff's 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 a police officer, Tn 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 appropriat.e dist.rict Just.lce. (23 Pa.C.S. ~ 6113).FOR
Ry the Court,
Jane Muller-Peterson
Attorney for Plaintiff
James A. Reisch
Pro Se
Shelby J. Holley,
Plaint! ff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.97-2976 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
CUSTODY ORDER
v,
James A. Reisch,
Defendant
AND NOW, this
11~ day of June, 1997, upon consideration
of the parties' Consent Agreement. the following Order is entered
with regard to custody of the parties' child, Kimberly Lynn
Reisch.
1. The plaintiff, hereinafter referred to as the mother.
shall have primnry physical and legal custody of the child.
2. The defendant, hereinafter referred to as the father,
shall have supervised visitation at the YWCA in Carlisle,
Pennsylvania.
3. There shall be reasonahle notice given to the other
party if a scheduled period of supervised visitation needs to be
cancelled or modified, and n make-up period shall be offered
within a reasonable time frnme.
4. The mother and fnther', by mutual agreement, may vary
from this schedule at any time, but the Order shall remain in
effect. unti I further' order of court.
5. The mother and father agree that each shall notify the
other immedintely of medicnl emergencies which arise while the
child is in that parent's care.
6. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
all CD'Il with the except.lon of classical music, James Taylor, and
the music group The Who, some of the VHS tapes, all legal and
financial information required in the support action, and a
sleeping bag.
6. The defendant agrees to stay away from the plaintiff's
residence located at 62 W. North Street, Apartment 7, Carlisle,
Cumberland County, Pennsylvania, and any other residence the
plaintiff may establish, except for the limited purpose of
transferring custody.
7. The defendant, although entering into this Agreement,
docs not admit the allegations made in the Petition.
8. The defendant understands that the Protection Order
entered in this matter will he in effect for a period of one year
and can be extended beyond It original expiration date if the
Court finds that the defendant has committed another act of abuse
or has engaged in a pattern or practice that indicates continued
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. ~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 t.o six months and a fine of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa.C.S. ~6114,1.
10. The defendant and the plaint.iff agree to the ent.ry of
an Order providing for the fOllowing regarding custody of their
child, Kimberly Lynne Reisch.
a. The moLher shall have primary physical and legal
cusLody of Lhe child,
b. The faLher shall have supervised visitation of the
child at the YWCA in Carlisle, Pennsylvania,
c. There shall be reasonable notice given to the
other party if a scheduled period of visitation needs
to be cancelled or modified, and a make-up period shall
be offered within a reasonable time frame.
d. The mother and father, by muLual agreement, may
vary from this schedule at any time, but the Order
shall remain in effect until further order of court,
e. The mother and father agree that each shall notify
the other immediately of medical emergencies which
arise while the child is in that parent's care.
f. The mother and father realize that their child's
well being is paramount to any differences they might
have between themselves. Therefore, they agree that
neither party shall do anything which may estrange the
child from the other parenL, or injure the opinion of
the child as to the other parent or which may hamper
the free and natural development of Lhe child's love or
plaintiff and from harassing the plaintiff's relatives.
The defendant is enjoined from entering the plaintiff's
place of employment during the hours when she is working or the
child's daycare facility.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned solely by the plaintiff.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint
under 23 Pa.C.S. 66113.1; iii) a charge of indirect criminal
contempt under 23 Pa.C.S. 66114, 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. 66114.1. Resumption of co-residence on
the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
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 another act of abuse or has engaged in a pattern or
practice that indicates continued risk of harm to the plaintiff.
Temporary custody of Kimberly Lynne Reisch is hereby awarded
to the plaintiff, Shelby J. Holley.
A hearing shall be held on this matter on the Igt~ day of
June, 1997, at q:3~ '\ .m., in Courtroom No.:f--, Cumberland
County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees
pending further order of court.
included, but Is not limited to, the following specific instances
of abuse:
a. On or about May 28, 1997, the defendant stood
outRide the plaintiff's residence screamed, called her
vile names, and acted in a manner which caused the
pluintiff to fear for her safety. When the defendant
rofused to leave, the plaintiff called the police for
assistance.
b. On or about May 8, 1997, the defendant grabbed the
plalnLiff by her hair and pushed her onto a bed holding
her there until she was able to struggle free. The
plaintiff went into another room to get away from the
defendant, but he followed her, grabbed her, threw her
against a wall, repeatedly banged her head against the
wall, and restrained her. The plaintiff was later
treated at the Carlisle Hospital for injuries including
bruises on her arms, back, and neck, scratches on her
face, and swelling on her head.
c. In or about the Winter of 1996, the defendant
grabbed the plaintiff by the shoulder and throat,
shoved her against a wall, and restrained her.
d. On another occasion in the Winter of 1996, the
defendant threatened the plaintiff saying, "r feel like
cutting your throat and throwing you out the window"
causing the plaintiff to fear for her safety.
2
e. On several occasions since 1994, the defendant has
shoved the plaintiff, grabbed her, restrained her,
choked her, and threatened her causing her to fear for
her safety.
5. On or about Hay 16, 1997, the defendant voluntarily
left the residence at 62 W. North Street, Apartment 7, Carlisle,
Pennsylvania.
6. 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.
7. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
8, The plaintiff desires that the defendant be restrained
from entering her place of employment during the hours when the
plaintiff is working, and the child's daycare facility.
9. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
solely by the plaintiff.
B. EXCLUSIVE POSSESSION
10. The apartment from which the plaintiff is asking the
Court to exclude the defendant is rented in the names of the
plaintiff and the defendant.
11, The defendant voluntarily left the mutual residence on
3
62 W. North Street, Apartment 7, Carlisle, Cumberland County,
Pennsylvania.
She is single.
The plaintiff currently resides with the following persons:
~ Relationship
Kimberly L. Reisch daughter
The defendant, the father of the child, currently resides to
the best of the plaintiff's knowledge alone at the Molly Pitcher
Hotel, 13 S. Hanover Street, Carlisle, Cumberland County,
Pennsylvania.
He is single.
]4. The plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in
this or any other Court.
15. The plaintiff has no knowledge of any custody
proceedings concerning this child pending before a court in this
or any other jurisdiction.
]6. 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.
17. The best interests and permanent welfare of the minor
child will be met if custody is Lemporarily 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 has provided for the
5
emotional and physical needs of the child since her
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 Pa.C.S. ~ 6101 ~ ~., 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:"
1. Ordering the defendant to refrain from
abusing the plaintiff or placing her in fear of
abuse,
2. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
3. Prohibiting the defendant from entering the
plaintiff's place of employment during the hours
when the plaintiff Is working, and the child's
daycare facility.
4. Prohibiting the defendant from removing,
damaging, destroying or selling property owned
solely by the plaintiff.
5. Granting possession of the apartment located
6
at 62 W. North Street, Apartment 7, Carlisle,
Cumberland County, Pennsylvania, to the plaintiff
to the exclusion of the defendant pending a final
order in this matter, except for the limited
purpose of transferring custody of the parties'
child.
6. Ordering the defendant to stay away from any
other residence the plaintiff may establish,
except for the limited purpose of transferring
custody of the parties' child.
7. Granting temporary custody of the minor child
to the plaintiff.
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 the plaintiff or placing her in fear of
abuse.
2. Ordering the defendant to refrain from
harassing and stalkIng the plaintiff and from
harassing the plaintiff's relatives.
3. Prohibiting the defendant from entering the
plaintiff's place of employment during the hours
when the plaintiff is working and the child's
daycare facility.
7
4, Prohibiting the defendant from removing,
damaging, destroying or selling property owned
solely by the plaintiff,
5, Granting possession of the apartment located
at 62 W. North Street, Apartment 7, Carlisle,
Cumberland County, Pennsylvania, to the plaintiff
to the exclusion of the defendant, except for the
limited purpose of transferring custody of the
parties' child,
6. Ordering the defendant to stay away from any
other residence the plaintiff may establish,
except for the limited purpose of transferring
custody of the parties' child.
7. Ordering the defendant to pay $250.00 to
reimburse one of Legal Services, Inc.'s funding
sources for the cost of litigating this case.
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 a certified copy
of this Petition and Order be delivered to the Carlisle Police
Department which have jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
8
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