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HomeMy WebLinkAbout01-04298CAREN RAMSEY BREAKEY, Plaintiff vs. JAMES RUSSELL BREAKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol- ~~1~CIVII, TERM PROTECTION FROM ABUSE NOTICE OF HEARING AND ®RDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. ffyou fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other importatrt rights. T't A hearing on this matter is scheduled on the ~ ~ day of July, 2401, at .m., in Courtroom No~_ on the 4a' Floor of the Cnmberland County Courthouse, l Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court-after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to ,six months in jail under 23 Pa.C. S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, i8 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U. S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. Xou have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to ar telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION Z Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABIIdTIES ACT OF'1990 The Court of Common Pleas of Cumberland County is required by law to compiyyroltlt the Americans with Disabilities Act of 1990. For infom~ation 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. You must attend the scheduled conference or hearing. ~..,r,~ t S~,'I',!~vj ,, ~~~;; ~. --,~;^,rr~ :~.~: ; . ~: , ,~ ~.. _ ~~;~i .. ,,, , _ _ .~ '. _x~ .Aft .. ~R1=~'~x.'~'=7 ~ ^+.`~~'zk:m ;~ar.~r~x=..st rna v4.S'nar-:~n'waiaa~_w,Yk~r~3]&*^a41'lwePF'~"*'*s"5ailss CAREN RAMSEY BREAKEY, . Plaintiff v. JAMES RUSSELL BREAKEY, Defendant In the Court of Common Pleas of CUMBERLAND County, ;PENNSYLVANIA Civil Action -Law Protection From Abuse TEMPORARX PROTECTION FROM ABUSE ORDER Defendant's Name is: JAMES RUSSELL BREAKEY Defendant's Date of Birth is: November 29,1966 Defendant's Social Security Number is: 181-b0-7911 Name(sj of All protected persons, including Plaintiff and minor children: 1. CAREN RAMSEY BREAKEY AND NOW, on 16th Day of July, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 6207 Yalleybrook Drive Mechanicsburg, PA 17050 or any other permanent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be presem on the premises of Plaintiff or any other person protected under this Order. 3. Except for such contact with the minor childlren as may be permitted under paragraph 5 of this Order, Defendant is prohibited from hauing ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs residence listed above, except as follows: During transfer of custody of the parties' minor children Defendant shall park on the street at the curb in front of Plaintiff's residence, and he shall remain in his vehicle at all times during transfer of custody. In addition, Defendant may make non-harassing telephone calls to Plaintiff' at her residence for the limited purpose of communicating information regarding the parties' children and facilitating custody arrangements. Defendant's contact with Plaintiff ender the above-listed circumstances shall not be construed as violations of this Order. 4. Except for such coirtact with the mirror children as may be pernritted under pazagraph 5 of this Order, Defendant shall not contact Flaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Pending the outcome ofthe final heating in this matter, Plaintiffis awarded temporary custody of the following minor children: 1. DUSTIN AIVDRER' BREAKEY 2. EMILYANN REBECCA BREAKEY Until the final hearing, all contact between Defendant and the children shall be limited to the following: Pending further Order of Court after the hearing scheduled in this case, Defendant shall have periods of partial custody with the parties' two minor children at times and on dates mutually agreed by the parties. Defendant may telephone Plaintiff at her residence for the limited purpose of communicating information regarding the parties' children and facilitating custody arrangements. Defendant shall provide transportation and transfer custody at Plaintiff's residence. Defiendant shall park on the street at the curb in front of Plaintiffs residence, and he shall remain iahis vehicle at all times during transfer of custody. The local law enforcement agency in the jurisdiction where the children are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 7. The following additional relief is granted: Defendant shall refrain from harassing the minor children. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or solely by Plaintiff. 8. A certified Lopy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: HAMPDEN TOWNSHIP POLICE DEPARTMENT 9. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 10. THIS ORDER APPLIES IlVIMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNT1I, JANUARY 16, 2003 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect crhrnnal contempt, which is punishable by a fine of up to $1,000.00 andlor up to six months in jail. 23 Pa.C.S. §6114. Consem of the Plaintiffto Defendant's return to the residence shaIl not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This f}rder shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant maybe located. If defendant violates Paragraphs 1 through 6 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of iaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff s office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Distribution to: Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 (717)243-9400 or1-800-822-5288 FAXed and mailed to PSP ~ ~ r ~ r ~ b t ..1 ~ ;~: ~..~rac ~•. m ~d3i 8IDR$ .. ~~%4'351aPiA~ ~14<<15a- x ~'A E~ { . ' ~_. `A.0. ... tl( ` 'R4:.. PFAD Number: RN1288984H CAREN RAMSEY BREAKEY, Plaintiff v. JAMES RUSSELL BREAKEY, Defendant In the Court of Common Pleas of CUMBERLAND County, :PENNSYLVANIA Civil Action -Law : No. 01- W 2 9 f ~~ ~.r.~-- : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: CAREN RAMSEY BREAKEY 2. I, (the Plainti$), am filing this Petition on behalf o£ - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. CAREN RAMSEY BREAKEY 4. Plaintiffs Address is :6207 Valleybrook Drive ,Mechanicsburg, PA 17il50 5. Defendant's Name is: JAMES RUSSELL BREAKEY b. Defendant's address is: unknown. 7. Defendant's Social Security Number is: 181-60-7911 8. Defendant's Date of Birth is: November 29,1966 9. Defendant's Place of employment is: UPPI, Inc., 61 Texaco Road, Mechanicsburg, PA. Defendant is a design engineer. 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The defendant has been involved in a criminal court action. 13. The defendant is not currently on probation /parole 14. Plaintiff and Defendant are the parents of the following minor children: a. DUSTIN ANDREW BREAKEY Ageal years old Child's address is: 6207 Valleybrook Drive ,Mechanicsburg, PA 17050 b. EMILYANN REBECCA BREAKEY Age:7 years old Child's address is: 6207 Valleybrook Drive ,Mechanicsburg, PA 17050 15. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. DUSTIN ANDREW BREAKEY For the past 5 years, this child has lived with: Plaintiff, and Dustin's sister, Emilyann Rebecca Breakey, at 6207 Valleybrook Drive, Mechanicsburg, FA, from July 11, 2001, to the present. Plaintiff, Defendant, and Emilyann, at 6207 Valleybrook Drive, Mechanicsburg; PA, from 2000, to July 11, 2001. Plaintiff, Defendant, and Emilyann, at 6108 Locust Lane, Mechanicsburg, PA, from 1996, to 2000, b. EMILYANN REBECCA BREAKEY For the past 5 years, this child has lived with: Plaintiff, and Emilyann's brother, Dustin Andrew Breakey, at 6207 Valleybrook Drive, Mechanicsburg, PA, from July 11, 2001, to the present. Plaintiff, Defendant, and Dustin, at 6207 Valleybrook Drive, Mechanicsburg, PA, from 2000, to July 11, 2001. Plaintiff, Defendant, and Dustin, at 6108 Locust Lane, Mechanicsburg, PA, from 1996, to 2000. 16. The facts of the most recent incident of abuse are as follows: On about Wednesday, July 11, 2001 location: 6207 Valleybrook Drive, Mechanicsburg, PA, the marital residence. Defendant argued with Plaintiff, accused her of taking his property and locking it in her car, got a sledge hammer from the garage and threatened to break her car window unless she unlocked her car, and parked his vehicle behind hers preventing Plaintiff from leaving. Fearing for her safety, Plaintiff telephoned the police for help. 17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor childlren, (including any threats, injuries, or incidents of stalking) are as follows: On or about July 9, 2001, Defendant returned to the marital residence, and when Plaintiff refused to open the door to him, he kicked the door with such force that the door jamb broke, and the door struck Plaintiff, who was standing on the other side of it. Defendant gained entry, shoved Plaintiff aside, and went upstairs. Defendant shoved Plaintiff backward causing her to have to grab the stair railing to keep from falling down the stairs. Defendant hit Plaintiffs arm, grabbed her by the arm, shoved her against the wall, and threatened her saying, "I'm going to make you pay for everything." Fearing for her safety, Flaintiff called 911 for help and Hampden Township Police responded. Plaintiff sustained bruising about her arm as a result of this incident. On July 13, 2001, Hampden Township Police arrested Defendant, he was charged with simple assault and harassment, arraigned, and released on his own recognizance. A preliminary hearing on the criminal charges is scheduled before District Justice Elder on July 18, 2001. On or about July 6, 2001, Defendant argued with Plaintiff, threw a bowl of food at her splattering the food on her, tossed a drink on her, shoved her against the wall, pushed his hand against her face and slammed her head against the wall, and threatened her saying, "Stop talking; that's the way it's going to be." Defendant told Plaintiff that he was leaving her, packed some clothing, and left the residence. After be left, Plaintiff found that Defendant had taken all the house keys, preventing her from locking the doors. Plaintiff had to have the locks rekeyed and keys made so that she could secure the residence and ensure hers and7ier children's safety. On or about June 21, 2001, Defendant argued with Plaintiff, yelled in her face, repeatedly jabbed his finger into her chest, threw a wrench and shoes against the garage wall, and left the home. In or about May 2001, Defendant argued with Plaintiff, shook the contents of a bottle of beer on her, threw the bottle at her narrowly missing her, used his body to back her up to the wall, then slammed her head against the wall. Plaintiff sustained bruising and soreness about her Face and head, and headaches as a result of this incident. In or about March 2001, Defendant shoved Plaintiff to the floor causing her to fall on her back with such force that she wxs unable to move for approximately 25 minutes. Plaintiff sought medical attention for her injuries. Plaintiff sustained bruising and soreness about her back, a limitation in motion, and was prescribed medication for her injury as a result of this incident. Since approximately 1990, Defendant has abused Plaintiff about twice a month in ways including, but not limited to, the following: shoving, grabbing, slapping, punching, kicking, and pulling her hair. 18. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: HAMPDEN TOWNSHIP POLICE DEPARTMENT 19. There is an immediate and present danger of further abuse from the Defendant. 20. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 6207 Valleybrook Drive Mechanicsburg, PA 17050 Owned By: Caren Ramsey Breakey and James Russell Breakey. 21. The Defendant owes a duty of support to Plaintiff and/or minor children. 22. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor children in any place where Plaintiff maybe found. b. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. d. Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between Defendant and children: Pending further Order of Court after the hearing scheduled in this case, Defendant shall have periods of partial custody with the parties' two minor children at times and on dates mutually agreed by the parties. Defendant may telephone Plaintiff at the marital resideµce for the limited purpose of communicating information regarding the parties' children and facilitating custody arrangements. Defendant shall provide transportation and transfer custody at the marital residence where Defendant shall park on the street, at the curb in front of the residence, and he shall remain in his vehicle at all times during transfer of custody. e. Prohibit Defendant from having any contact with Plaintiff and/or minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. f Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. g. Order Defendant to pay temporary support to Plaintiff andor the minor children, including medical support and payment of the rent or mortgage on the residence. h. Duect Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. i. Order Defendant to pay the costs of this action, including filing and service fees. j. Order the following additional relief, not listed above: Order Defendant to refrain from harassing the minor children. Enjoin Defendant from damaging or destroying any property owned jointly by the parties or solely by Plaintiff Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. k. Grant such other relief as the court deems appropriate. 1. Order the police or other law enforcement agency to serve the Defendant with a copy of tlus Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully Submitted by: o Carey, Att. for Pl ' ff Agency: MidPenn Legal Services 8 Trvine Row Carlisle, PA 17013 (717)243-9400 or 1-800-822-5288 T verily that T am the Petitioner ae dsai{Tnstod in the present action and that the theta and statements contained in the above Petition are true and correc[ to this beat of my knowledt{e. I understand that any Ikise statements ere made subjacl to the penalties vP I S Pa.C'. S.~4404, relatinS to unaworn fhls-flcat-an to authorities. Uated~ ~~ Caren Ramsey 8r aintiff ~. '~ o s ~, ~ ~ ~ :{ w S Q ~. M _ _]1~~. _ _ _~$~MluT+l , . ...»ase a ax~eavm~bYRb~~2.U'fas"'~3a.~U~a .W is',_,asnA4u 'Pr#`fi<'%nPH~aeS Oi/16/Ol MON 15:04 FA% 717 X40 6573 CUMB CO PROTHONOTARY boo] ~, ~*~ MULTI ~'N REPORT *~~ T%/R% NO 2713 INCOMPLETE T%/R% TRANSACTION OR [ 0119p2490779 PSP 03]9p2405331 CP [ 04]92438026 LS ERROR OFFICE OF TtIE PRO'['fiONp'CARY Cl]FBERf.AND OD[INTY COURTHCUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013-3387 (7L7) 240-b195 FAX (717) X40-6573 V I A T E L E C O P T E R 1'O: PA STATE POLICE - Ce~~, P~occs=. - M, P ~.s FAX q: 717-249-0779 ~ ' FRCMI: CURTIS R. LONG RE: PFA ORDERS MESSAGE: ~~ NO. OF PAGES (INCLUDING pONr,R SHEET) 1Yris is inberded oily fcr ttie use ~ thr i+~dividu~l Q eltiky to rttirh is is a}Bd. Std nei' cmtrain inf~eitiGn~ ttak is p~ivile~d, a¢t£idalt~al ad apt fiY7n r~aa]rrartp u~r ]c ]air. if the cae]ec C~ this is rot tl'e inhe~>jer] ceCi~i~t, ya.r a<e h~ rotiEi~d tYat any dfirn, rl;srr;t~rr;rn er agNing tE tluis gpmtnio~im is Strictly pYOhihi.Ued. TE }cu hie at0oei~erl Uus aomuli[•3~-]Dl in dx",x', please rrx-; rY us imrgr3,i,94ely bj l~i:t~ aid ceh~ tte cricprtil m ~s at CAIiEN 12AMSEY B1tEAKE1', Plaintiff vs. JAMES RUSSELL BREAKEY, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania NO.Ol-4298 Civil Term Protection From Abuse ORDER FOR CONT~TUAI~TCE AND NOW, this day of July, 2001, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on Wednesday, July 18, 2001, at 4:00 p.m. by this Court's Order of July 16, 2001, is hereby rescheduled for hearing on Monday, October I, 20D1, at 1:30 p.m. in Courtroom No. 3 on the 4`" Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shad remain in effect for a period of 18 months from the date it was entered, through January 16, 2003, or until further Order of Court, whichever comes first. ~` Joan Carey, Attorney for Plaintiff ~ -apt0 J MidPenn Legal Services ,QQ~SO /i a `~~ ~ 1iP~l ~M 8 Irvine Row vv / 0 Carlisle, PA 17013 Jordan D. Cunningham, Attorney for Defendant Cunningham & Chernikoff ed~l /~G~ l2 '~-o~l/-~~/ P.O. Box 60457 ~~~ Harrisburg, PA 17106-0457 .,._, George E. Hoffer, President Judge ~_ _ ,; I! CAREN RAIVISEY BREAKEY, Plaintiff vs. JAMES RUSSELL BItEAKEY, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania NO. U1-4298 Civil Term Protection From Abuse MOTION FOR CONTINUANCE Plaintiff, Caren Ramsey Breakey, by and through her attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse Order was issued by this Court on July 16, 2001, scheduling a hearing for Wednesday, July 18, 2001, at 4:00 p m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. The Cumberland County SherilYs Department served Defendant with a certified copy of the Notice of Hearing, and Temporary Protection From Abuse Order and Petition for Protection From Abuse on July 17, 2001, at his place of employment, UPPI (ITniversal Protective Packaging Inc.). 3. Defendant indicated to NTidPenn Legal Services staff on July 17, 2001, that he retained Jordan D. Cunningham of Cunningham & Chernikoffto represent him in the matter. 4. The parties, by and through their respective counsel, agree that the hearing be rescheduled. 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through January 16, 2003, or until further Order of Court, whichever comes first. WFIEREFORE, Plaintiffrequeststhstthe Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through January 16, 2003, or until further Order of Court, whichever comes first. Re ectfully sub 'lted, oan ey, Attorney for P 'tiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 or1-800-822-5288 SHERIFF'S RETURN - REGULAR CASE NO: 20Gi-04298 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BREAKEY CAREN RAMSEY VS BREAKEY JAMES RUSSELL CPL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon BREAKEY JAMES RUSSELL the DEFENDANT at 0946:00 HOURS, on the 17th day of July 2001 at UPPI INC. 61 TEXACO RD MECHANICSBURG, PA 17055 by handing to JAMES R BREAKEY a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Defendant stated that the Plaintiff has any weapons that he owns. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.85 ~ ~~ .00 ~~E i _ 10.00 R. Thomas Kline .00 l CAREN RAMSEY BREAKEY, Plaintiff vs. JAMES RUSSELL BREAKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4298 CNIL TERM PROTECTION FROM ABUSE p~ORDER OF COURT AND NOW, this J' day of August, 2001; upon consideration of the attached Petition, the Temporary Protection From Abuse Order, including a provision for custody, in the above-captioned case entered on July 16, 2001, is hereby vacated and the action withdrawn without prejudice to Plaintiff. David A. Lopez By the urt, George E. Hoffer, President Judge Joan Carey AttorneysforPlaintiff q,~ MIDPENN LEGAL SERVICES ! Jordan D. Cunningham Attorney for Defendant Cunningham & Chernicoff, P.C. i1v~f ~ ~" 3~'b~ P.O. Box 60457 Harrisburg, PA 17106-0457 ~i~~ ~';~~~,nLi~h~,~,~=1;i ~Ilfi' ~T, - ,~:~„~l __ _ rtii ~ ~``_ ~ a' it ~~U ~ ~_ CAREN RAMSEY BREAKEY, Plaintiff vs. JAMES RUSSELL BREAKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-4298 CIVIL TERM PROTECTION FROM ABUSE PETITION TO VACATE O°RDER AND WITHDRAW ACTION Plaintiff, Caren Ramsey Breakey, by and through her attorneys, David A. Lopez and Joan Carey of MidPenn Legal Services, requests that the Court vacate the Temporary Protection From Abuse Order, which includes a provision for custody, in the above-captioned case and that the action be withdrawn on the grounds that: 1. A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse Order was issued by this Court on July 16, 2001, scheduling a hearing for July 18, 2001, at 4:00 p.m. 2. Defendant was served with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse on July 17, 2001. 3. The parties, through their respective counsel, agreed to the hearing being rescheduled to October 1, 2001, at 1:30 p.m. 4. The parties are in the process of reconciling their differences. 5. Plaintiff requests that the Temporary Protection From Abuse Order, including the provision for custody, be vacated and the action withdrawn without prejudice to her. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff. Respectfully /1 David A. Lopez / U Joan Carey a Attorneys for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row, Carlisle, PA 17013 (717)243-9400 or1-800-822-5288 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: ~~ ~ ~~~ __ _ 7~ ~~""`7 Caren Ramsey Bre y, Plaintiff - ~ - - __ 08/31/01 FRI 15:23 FAX 717 240 6573 CLIMB CO PROTHONOTARY *x~ MULTI TN REPORT ax~* *xa*as*a~~x~:e*~x~*xs*~aax*xs~x TX/R% NO INCOMPLETE T%/RX TRANSACTION OR ERROR 2785 [ O179p2490779 [ 0319p2405331 OFFICE OF '['HE PROTIICNOTARY ('UMfiERLMJD COUNTY COURTHGUSE ONE CY7URTI10USE SQUARE CARt.ISLE, PA. 17013-3387 (737) 240-6195 FAX (717) z4D-6573 V I A T E L E C O P I E R To: PA srA7E Putrtc,F' _ L'c.~.~/. pests. FAx n- 7~)-JyQ. v~~ FRCM: CURTIS R. 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