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HomeMy WebLinkAbout99-00118 ~ ~ . Q) C;C. . '" /' I/l nJ ~ Q) ~ ., i\ \, , , \ ~. l.-' ~i JI u / 00 - ~. -. - I 0- CT D :ZI ~_..J ;,. ! ~ LEGAL SERVICES, INC, 8 IRVINE ROW CARLISLE, PENNSYLVANIA 17013 (717) 243-9400 Fax (717) 243-8026 West Shore (717) 76&8475 Shippensburg (717) 530-5866 p Jill' G " .~~"U'J ,,1 u I:;j~ ;, . .......___....-')..........~_-"'>.lr. vs. ;NO, 99 - / / P " ' : PROTECTION FROM ABUSE AND CUSTODY CIVIL TERM Stephen Craig Reeves, Defendant -'--... NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If' you wi"sh to defend against the' 'claims set forth inthe"f6110w.~ng papers; you 'must.~appear at the ,hearing scheduled, herein. If you 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 important rights, ' . "'fW A hearing on this matter is scheduled for the ;'.j . day of January, J.992" at ',' ::>;(} Y.2m" in Courtroom No. of the CUmberland County Courthouse, 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 $J.,OOO,OO and/or up to six months in jail under 23 Pa,C;S. ~6J.J.4.. violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code, Under federal law, J.8 U,S,C, ~226S, 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, J.8 U.S.C. ~226J.-2262, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU 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 OR 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 2' LIBERTY AVENUE CARLISLE, PENNSYLVANIA J.70J.3 TELEPHONE NUMBER: (7J.7) 249-3J.66 AMERICANS WITH DISABILITIES ACT OF J.990 The Court of Common Pleas of CUmberland County is required by law to comply with the Americans with Disabilities Act of J.990, 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. You must attend the scheduled conference or hearing. ': . . ,- Wendy Jo Reeves, Plaintiff :IN THE COURT OF COMMON PLEAS ,:OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 99 - CIVIL TERM Stephen craig Reeves, Defendant :PROTECTION FROM ABUSE :CUSTODY' TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Stephen Craig Reeves Defendant's Date of Birth: 10/4/65 Defendant's Social Security Number: 210-56-0656 Name of Protected Person: Wendy Jo Reeves AND NOW, this 80 day of January, 1999, upon consideration of the attached Petition for Protection from Abuse. the court hereby enters the following Temporary Order: ~ 1. Defendant shall not abuse. harass, stalk or threaten any of the above persons in any place where they might be found. ~ 2. Defendant is evicted and excluded from Plaintiff's residence located at 5029 Inverness Drive. Mechanicsburg, Cumberland County, Pennsylvania. a residence which is jointly owned by Plaintiff and her parents, Jean and James Morgart, or any other permanent or temporaryresidence~where Plaintiff may live. Plaintiff is granted.exclusive possession of' the residence. Defendant shall have no right or privilege to enter or be present on the premises. except for the limited purpose of transferring custody of the parties' children. Defendant shall remain in his vehicle at all times during the transfer~of custody. ~ 3. Except for.such contact with the minor children as may be permitted under Paragraph 5 of this Order. Defendant is prohibited from having ~ CONTACT with Plaintiff at any location. ; . 'I' ~ 4. Except for such contact with the minor chi1dren as may be. permitted under Paragraph 5 of this Order. Defendant sha11 not contact Plaintiff by te1ephone or by any other means. inc1uding through third persons. ~ 5. Pending the outcome of the fina1 hearing in this matter. P1aintiff is awarded temporary custody of the fo11owing minor chi1dren: Steven James Reeves, Ty1er Ryan Reeves, and Andrew Perry Reeves, and Defendant sha11 have partia1 custody of the' chi1dren at times agreed upon by the parties. Defendant can contact the P1aintiff to faci1itate 'custod~ arrangements. The 1oca1 1aw enforcement agency in the jurisdiction where the chi1dren are 10cated sha11 ensure that the chi1dren are p1aced in the care and contro1 of P1aintiff in accordance with the terms of this Order. o 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The fo110wing additional re1ief is granted: The Cumber1and County Sheriff's Department sha11 attempt to make service at P1aintiff's request and without pre-payment of fees, but service may be accomp1ished under any app1icab1e Ru1e of Civi1 Procedure. This Order sha11 be docketed in the office of the Prothonotary and forwarded: to the Sheriff for' service. The Prothonotary sha11 not send a' copy of this Order to Defendant by mai1. This Order. sha1L.re~ain in effect unti1 modified or terminated by theCourt'and can be extended beyond itsorigina1 expiration date if the Court finds that Defendant has committed another act of abuse 'or has engaged in"a pattern' or practice' that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ~ 8. A certified copy of this Order shall be provided to. the police department where Plaintiff resides and any other agency specified hereafter: Hampden Township Police Department. o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING.TO CHILD CUSTODY 10. THIS ORDER APPLZES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODZFIED OR TERMINATED BY THIS COURT AFTER NOTZCE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect. criminal 'contempt, .which is punishable by a fine of up to $l.OOO;OO'and/or up to' six months in jail. 23 Pa.C.S. S6114. Consent of P1aintiff to Defendant's return to the residence shall not invalidate this Order. which can only be changed or ,modifiedithrough the fi,lingof appropriate court papers for ~hat purp.ose.: ,23 'Pa.C.S. S6113~Defendant is further notified that violation of' this Order,may subject,him/her to state charges and pena1ties under the Pennsy1vania crimes Code and tofedera1 charges andcpenalties under the. Violence Against Women Act, 18 U.S.C. SS 2261'-2262. ' Ariv' protection order qranted by a court may be considered in any subsequent proceedinqs. inc1udinq child custody proceedinqs. under title 23 (Domestic Re1ationsl of the pennsv1vania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the po1ice who have juriSdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order. Defendant may be arrested on the charge of Indirect Crimina1 Contempt. An arrest for violation of this Order may be made without warrant, based so1e1y on probable cause, whether or not the violation is committed in the presence of law 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 weapon/s are evidence of a. crime. in which case. they shall remain with the law enforcement agency whose officer made the arrest. BY THE. Joan Carey - ~<> ~...;.. jU<.K" V Attorney for P".1ainciff 1'-;-'9"l tb/Y f/J:.I :t;.adz: ~ Jp.dge " , . Wendy Jo Reeves, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND, COUNTY, PENNSYLVANIA vs. :NO. 99 - CIVIL TERM Stephen Craig Reeves, Defendant :PROTECTION FROM ABUSE : CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. Plaintiff's name is: Wendy Jo Reeves. 2. This petition is filed on behalf plaintiff, Wendy Jo Reeves. 3. The name of the person, who seeks protection from abuse is: Wendy Jo Reeves, 4. Plaintiff's address is: 5029 Inverness Drive, Mechanicsburg, Pennsylvania. 5. Defendant is believed to live at the following address: 2514 Thomas Street, Harrisburg, Pennsylvania. Defendant's Social Security Number is: 210-56-0656. Defendant's date of bir'7h i~: .1()/4/65:. Defendant's place of employment is: Aramark, Harrisburg, Pennsylvania, and Marion Courtroom, Lancaster, pennsylvania. 6. Defendant is Plaintiff's nusband: " , . ., , , , '. 7, Plaintiff seeks temporary custody of the following children: " " , . . >._,' .1., Name Address Birthdates Steven James Reeves 5029 Inverness Dr. Mechanicsburg, PA 7/25/92 Tyler Ryan Reeves 5029 Inverness Dr. 7/H/95 Mechanicsburg, PA Andrew Perry Reeves 5029 Inverness Dr. Mechanicsburg,PA 12/24/96 8. Plaintiff and Defendant are the parents of the following minor children: Address' (unless Name{s) Aqe(s) confidential) Steven J. Reeves 6 yrs. old 5029 Inverness Dr. Mechanicsburg, PA Tyler R. Reeves 4 yrs. old 5029 Inverness Dr. Mechanicsburg, PA ,- ',~ . " . ; Andrew H. Reeves 3 yrs, old' 5029 Inverness Dr. Mechimicsburg, PA 9. The following information is provided in support of Plaintiff's reqUest for .an Order, of child custody: ". . ." ," .. .. -,' ",.-. . . . (a) The children were not 'born' out of wedlock.' , (b) The children are presently in the custody of plaintiff, .~. .-. . . Wendy Jo Reeves, who resides at 5029 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania. (c) During the past five years. the children have resided with the following persons and at the following addresses: Child's name person(sl child lived with Address. unless confidential Steven J., Tyler R. and Andrew P. Reeves Plaintiff and Defendant 5029 Inverness Mechanicsburg, PA Steven J., Tyler R. and Andrew P. Reeves Plaintiff 5029 Inverness Dr. Mechanicsburg, PA (d) plaintiff, the mother of the children, is currently residing at 5029 Inverness Drive, Mechanicsburg. Cumberland County. Pennsylvania. When, 1/1994 to 1/2/99 1/2/99 to Present , (e) She is married. . ,. ' (f) Plaintiff 'currently resides' with the . following : per'sons: Name Relationship " , Steven James Reeves Tyler Ryan Reeves Andrew Perry Reeves son son son (g) Defendant, the father of the children, is, currently residing at 2514 Thomas Street, Harrisburg, Dauphin County, Pennsylvania. (h) He is married. (i) Defendant currently resides with the following-persons. Name Relationship Gale Fannasy Bill Fannasy Megan Count Mother Father Cousin (j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. (k) Plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. (l) Plaintiff does not know any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. (m) The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: (1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the children since their births, and who can best take care of the minor children. r"' '. , (2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor children. 10. The facts of the most recent incident of abuse are as follows: On or about January 2, 1999, Defendant hit Plaintiff in the mouth causing her to have a swollen lip and a bruise on the inside of her mouth. Defendant was arrested and charged with simple assault and a preliminary hearing is scheduled for February 1, 1999, in front of District Justice Thomas Placey. 11. Defendant has committed the following prior acts of abuse against Plaintiff: a. On or about April 27, 1998, Defendant picked plaintiff up, threw her against a bed frame, grabbed her by the arms, and shoved. shook, and whipped her around causing her to fear for her safety. b. On several different occasions since 1992, Defendant has shoved, restrained, slapped and punched Plaintiff causing bruises on her arms, back and foot. 12. The following police department or law enforcement agency in the area in which Plaintiff lives; should be provided with a, copy of the Protection Order: Hampden 'Township ,police Department. 13. There is an immediate and present' danger of further abuse from the Defendant. I _~ 14. Defendant from Mechanicsburg, parents. plaintiff:is aSking the,Courtt~ evict: and . . -_ 'r -. the residence.at 5029 Inverness Pennsylvania, ,which is owned' by . exclude Drive, Plaintiff and her 15. Defendant owes a duty of support to Plaintiff and the minor children. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER .THAT WOULD DO THE FOLLOWING: . Restrain Defendant from abusing, threatening, harassing, or. stalking Plaintiff in any place where Plaintiff may be found. Exclude Defendant from Plaintiff's residence and prohibit, Defendant from attempting to enter anytemporaiy or permanent residence of Plaintiff. Award Plaintiff temporary custody of the minor children and Defendant shall have partial custody at times agreed upon by the parties. Prohibit Defendant from having any contact with plaintiff, either in person, by telephone, or in writing, personally or through third persons, except as the Court may find necessary with respect to partial custody and/or visitation with the minor children. Order Defendant to pay temporary support for Plaintiff and the minor children, including medical support: Order Defendant to pay the costs'of this action, including filing fees, service fees, and surcharge of $25.00. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding'sources for the' c~s't of litigation in this case. .: .> Order the following additional relief, not listed above: a. " any property Plaintiff. . "'. -. ," . . ' , , , Defendant is enjoined from damaging 'or "destroying owned jointiy by the'parties or o~ed solely by b. relatives. Defendant is to 'refrain from harassing Plaintiff's Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to. serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence. where Defendant can be served. , ...- . .. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 16. The allegations of Count I above are incorporated herein as if fully set forth. 17. The best interest and permanent welfare of the minor children will be served by confirming custody in Plaintiff as set forth in paragraph 9 of the petition. WHEREFORE, pursuant to 23Pa.C.S.~ 5301 et. Sea., and other applicable rules and law, Plaintiff prays this Honorable Court to, award custody of the minor children to her. Plaintiff prays for such other relief as may be just and proper. , Respectfuily submitted, Dated: I / gY/ 99 / I' I .~~~/ Uoan Carey, ,.... ., , Attorney for Pla~ntiff LEGAL SERVICES; INC. 8 Irvine Row Carlisle, PA . 17013 (717) 243-9400 " I ,.,- VERIFICATION .., .... I verify that I . am' the Plaintiff 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: t/b/11 ( I 1~~1.~ Wendy Jo Reeves , < , >- ~ a;; <': j:::S C: :--, l.l.lr) , -, 1~~~ L):.: ..., -, c:r>q (~::j M ~"iJ) Of'- J :~f w_ ~L1J i. i.llLJ Le.,. ..~ I. :~C:_ ;::: -. Lt_ m ::::. 0 "" u '. , ., \; . ""-', '. -~ SHERIFF'S RETURN - REGULAR CASE NO. 1999-00118 P COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND REEVES WENDY JO VS. REEVES STEPHEN CRAIG JODY SMITH . Sheriff or Deputy Sheriff of CUMBERLAND County. Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF HEARING AND~ORDER. was served upon REEVES STEPHEN CRAIG the defendant. at 15.30 HOURS, on the 11th day of January 1999 at CUMBERLAND CO. SHERIFF'S DEPT. 1 COURTHDUSE SQUARE CARLISLE. PA 17013 . CUMBERLAND County. Pennsylvania, by handing to STEPHEN CRAIG REEVES a true and attested copy of the NOTICE OF HEARING AND ORDER. together with PROTECTIDN FROM ABUSE AND CUSTODY. PROTECTION FROM ABUSE ORDER and at the same time directing ~ attention to the contents thereof. . Sheriff's Costs, Docketing Service Affidavit Surcharge 18.00 .00 .00 8.00 $~b."'''' So answ~9lJ:./ ~ r~u-/~~~<? H. Ihomas K~1ne, ~her1~~ ." ,,\'\. . ".., . ~ " ~ -- 2 -~, Sworn and subscribed to'before this /~: day ofc;L,-<~: q <Jo. A. D. . ' , .. == q~<~'a02~!~f:::tary ~ /',.,.,,,...~ .",,""~ -" .~.~...... 01/12/1999 by C)~ 'Sir.N}~her1:t:t me 19 e LEGAL SERVlCES, INC. 8 IRVINE ROW CARLISLE. PENNSYLVANIA 17013 (717) 243-9400 Fax (717) 243,13026 West Shorn (717) 766-8475 Shlppensburg (717) 530-5866 -' o 'JAM 2 0 199~0 "" Wendy Jo Reeves. plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY,PENNSYLVANIA vs. :NO. 99 - 118 CIVIL TERM Stephen Craig Reeves, Defendant AND NOW, :PROTECTION FROM ABUSE : CUSTODY ~ ORDER FO~ CONTINUANCE this~ day of January,' 1999, 'upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on January 12, 1999, at l:30 p.m. by this Court's Order of January 8, 1999, is hereby rescheduled for hearing on February 9, 1999, at 3:30 p.m. in Courtroom No.3. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. A certified copy of this Order for Continuance will be provided to the Hampden Township Police Department by the plaintiff's attorney. By the Court, Joan Carey Attorney for Plaintiff Diane M. Rupich Attorney for Defendant, 1017 N. Front St. Harrisburg, ,PA _ ,~~ "'~I.L 1/:>'0/'19. .,'. .," xJ. P. :.' FiLED-on=:CE OF TH~. F.::-:;r-'C\nT/J1Y 99 JMJ 20 p;r2: 21l CU~.~:~L:~:"'/\\~) CO:NTf- FE:r'\~JSYL'l\\!:A '--- -... " ,;\' .- ~~. + .- Wendy Jo Reeves, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY,PENNSYLVANIA vs, :NO. 99 - 118 CIVIL TERM Stephen Craig Reeves, Defendant :PROTECTION FROM ABUSE : CUSTODY MOTION FOR CONTINUANCE The plaintiff; by the through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: l. A Temporary Protection Order was issued by this Court on January 8, 1999, scheduling a hearing for January 15, 1999, at l:30 p.m. 2. The Cumberland County Sheriff's Department served the defendant with a certified copy of the Temporary. Protection Order and Petition for Protection Order on January ll, 1999, at approximately 3:30 p.m. at the Cumberland County Sheriff's Department, 1 Courthouse Square, Carlisle, Pennsylvania. 3. The defendant has retained Diane M. Rupich to represent him in the matter. 4. The parties by and through their counsel agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. , 5.' The plaintiff requests ~hat a hearing be scheduled in . . . , .' -,. .. <'" this matter. 6. The plaintiff requests that the Temporary Protection' Order remain in effect until modified or terminated by the court after notice or hearing. '. .", 7. A certifi~d copy of the Order for Continuance will be delivered to the, Hampden Tow~shi? Police D,epartments-by the attorney'for the plaintiff. , ' , , : , WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter ,for hearing, 'and that the , ., .. , - , Temporary Protection' Order remain 'in effect until further Order of Court. Respectfully submitted, Attorn for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row' Carlisle, PA l7013 (717) 243-9400 :>0- c..- ~ tJ..fO <...)_., f:J'~C., ;'i:;:T -)f-; Qr" lJ_/(j": -, 0:;" 4. C> tr, ". ~ L'") - {;; ,-' --, f-):,::; (~)~.:..; r....~~ _~I '-.J ...-..-:":)- ~~~..; f~] :1:';"';; '}.iliJ !::..-)Q -' :..:j (j - 2: ;~- ;;.:-- ..,....: -:; <::'I 0, ',' - " <... Wendy Jo Reeves, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 99':",118 CIVIL TERM Stephen Craig Reeves, Defendant PROTECTION FROM ABUSE AND CUSTODY , : .ACCEPTANCE OF SERVICE I accept service of the Oid~r ~or Continuance on behalf' of Stephen Craig Reeves and certify that lam author' ed to do so. /-r~~yj? "Date >- 0; is u.,8 f2~:~ I...L....-,- Y5 or,.. LW'-'- r-:'!lll .I..:L. t- to- O '. co ~ '- r-- ?" 8~~ -: (:1:::J ."/>- .. :>;f) ~~~~ "I'U ~h.. ::> u N c: en '" :r:: .c: -, en en LEGAL SERVICES, INC, a IRVINE ROW CARLISLE. PENNSYLVANIA 17013 (7171 243-9400 Fax (7171 243-8026 West Shore (7171 766-8475 Shippensburg (717) 530-5866 FEB 1 1 1999 J iJ :NO. 99 - 118 CIVIL TERM Wendy Jo Reeves, Plaintiff :IN THE COURT OF'COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Stephen Craig Reeves, Defendant :PROTECTION FROM ABUSE AND CUSTODY FINAL ORDER OF COURT Defendant's Name: Stephen Craig Reeves Defendant's Date of Birth: 10/4/65 Defendant's Social Security Number: 210-56-0656 Name of protected~~on: Wendy Jo Reeves AND NOW. this -l ')"'hay of February. 1999. the court having jurisdiction over the parties and the subject-matter. it is ORDERED. ADJUDGED. and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is represented by Diane M. Rupich. The parties agree that the following may be entered as an Order of Court. Defendant. although agreeing that an Order may be entered. does not admit to the allegation made in the Petition. o Plaintiff's request for a Final Protection Order is denied OR ~ Plaintiff's request for a Final Protection Order is granted. ~ 1. Defendant shall not abuse, stalk. harass. threaten Plaintiff or any other protected person in any place where they might be found. ~ 2. Defendant is completely evicted and excluded from the residence at 5029 Inverness Drive. Mechanicsburg. Pennsylvania. or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. except for the limited purpose of transferring custody of the parties' children. o On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made, o 3. Except as provided in Paragraph 5 (and Paragraph #8 if any unusual circumstances) of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at *, Cumberland County, pennsylvania, and any other residence Plaintiff may establish, o 4, Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means. including third parties. ~ 5. Custody of the minor children. Steven James Reeves. Tyler Ryan Reeves. and Andrew Perry Reeves, shall be as follows: see attached Custody Order. o 6, Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff'S Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of ,the Temporary Order shall not be returned until further Order of Court. ~ 8. The fo110wing additiona1 re1ief is granted as authorized by 56108 of this Act: a. This Order shal1 remain in effect unti1 modified or terminated by the Court and can be extended beyond its origina1 expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to P1aintiff. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned so1e1y by P1aintiff. c. Defendant is to refrain from harassing P1aintiff's re1atives. d. The court costs and fees are waived. ~ 9. Defendant is directed to pay temporary support for Steven James Reeves, Ty1er Ryan Reeves. and Andrew Perry Reeves as fo11ows: $300.00 twice a month immediate1y upon the entry of this Order. This Order for support sha11 remain in effect unti1 a fina1 support order is entered by this Court. However, this Order sha11 1apse automatica11y if P1aintiff does not fi1e a comp1aint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessari1y reflect Defendant's correct support obligation. which sha11 be determined in accordance with the guide1ines at the support hearing. Any adjustments in the fina1 amount of support sha11 be credited, retroactive to this date. to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2. 0 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3, 0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing. stalking, or threatening Plaintiff or protected person(s) . 4,0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury, 181 13. THIS ORDER SUPERCEDES 181 ANY PRIOR PFA ORDER AND 181 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in one year. NOTICE TO DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 56114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES. THE DISTRICT OF COLUMBIA. TRIBAL LANDS. U.S. TERRITORIES. AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 52265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER. YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. 55 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION. 18 U.S.C. 5922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located. shall enforce this Order. An arrest for violation of Paragraphs 1 through 7.of this Order maybe without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 56113. Subsequent to an arrest. the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged. Defendant shall be arraigned. bond set and both parties given notice of the date of the hearing. If entered pursuant to the consent of Plaintiff and Defendant: JMOk~ 'j; IkUJ# Wendy Jo eeves Plaintiff ~., ~ {jioan Carey Attorney for Plaintiff ~ ~~CL~~~ Stephen Craig Reeves Defendant ~ ~ -- "t-~~ ~- u for Defendant Wendy Jo Reeves, Plaintiff :INTHE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY,PENNSYLVANIA vs. :NO. 99 - 118 CIVIL TERM Stephen Craig Reeves, Defendant :PROTECTION FROM ABUSE : CUSTODY Ic-zt CUSTODY ORDER AND NOW, this ~1day of February, 1999, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children, Steven James Reeves, Tyler Ryan Reeves, and Andrew Perry Reeves. 1. The parties shall share legal custody of the children. 2. Plaintiff, hereinafter referred to as the mother. shall have primary physical custody. 3. Defendant, hereinafter referred to as the father, shall have partial custody of the children, according to the following schedule: beginning February 13, 1999. the second and fourth weekend of every month from Saturday at 9:00 a,m. until Sunday at 8:00 p.m.; on the alternate weekends at times agreed upon by the parties; and every Monday and Wednesday from 4:00 p.m. until 7:00 p.m. 4. The parties shall share the following holidays: Easter, Memorial Day, the Fourth of July, Labor Day, and Thanksgiving. 5. The father and mother shall alternate Christmas Eve and Christmas Day each year, one parent having the children on Christmas Eve until Christmas Day at 10:00 a,m. and the other parent having the children from Christmas Day at 10:00 a.m. until Christmas Day at 8:00 p.m. 6. The father shall have the right to see the children on their birthdays at a time to be agreed upon by the mother and father. 7. The father shall have the right to partial custody of the children in the summer at times agreed upon by the parties. 8. 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. 9. There shall be reasonable notice given to the other party if a scheduled period of partial custody needs to be canceled or modified and a make-up period shall be offered within a reasonable time frame. 10, The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 11. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. ge If entered pursuant to the consent of Plaintiff and Defendant: ~::s~ De/1n,d~'lt fVAiU1-L Diane M RUP}4 Attorney .for efendant lJ~ ~o ~HUJ Wendy Jo Ree~s Plaintiff ~~~ Attorney for Plaintiff . P.LED-OFFlCE OF THE pr:,Jn1C:\Ot~RY 99 FEB /6 Ml s: n 9 CUMBSitAND COUNTY PENNSYlVAl\IIA .,.: .,. . ~::~ , 1 - -- ~ ~ ~ ~ .-tk : It S: '1, e.: . ~'1 '\:::- ~ c\ 4 .1 \ ~ ~