Loading...
HomeMy WebLinkAbout99-06318 i fi +Tr, ?. s # F ' -S/kP J 1;x:5 a faf ?? r } s L Y a `Wn t 's ?asx. - - TI, 1 ' , Q-v Theresa Barrett Male, Require Supreme Court N 46439 115 Pine Street Harrisburg, PA 17101 Counsel for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY W. ALLEN, II, for himself and on behalf of Kataleena Ward, Plaintiffs, V. NO. 99-6318 Civil KIMBERLEE WARD, Defendant : CIVIL ACTION - PFA FINAL PROTECTION ORDER Defendant's Name: Defendant's Date of Birth: Defendant's Social Security Number: Kimberlee Ward Names of all Protected Persons, including Plaintiff and minor childlren: Jerry W. Allen, II, Kataleena Ward, David Jerpe. AND NOW, this day of October, 1999, the Court having jurisdiction over the parties and the subject matter, it is ORDERED, ADJUDGED, and DECREED as follows: [ ] Plaintiffs request for a final protection order is denied. OR [ x ] Plaintiffs request for a final protection order is granted. [ x ] 1. Defendant shall not abuse, harass stalk or threaten the Plaintiffs or any other protected persons in any place where they might be found. [ ] 2. Defendant is evicted and exluded the residence at (NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED) or any other permanent or temporary residence 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. [ x ] 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiffs 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: 253 South Hill Drive, Grantville, Dauphin County, Pennsylvania [ x ] 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiffs by telephone or by any other means, including through third persons. [ x ] 5. Custody of the minor child, Kataleena Ward (DOB: 03/07/95) shall be as follows: Primary physical custody to Plaintiff; partial custody to Defendant on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m., beginning on October 22, 1999. All custody exchanges to take place at the Lower Paxton Township Police Department parking lot. [ ] 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or designated local law enforcement agency for delivery to the Sheriffs 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: [ ] 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 of the Temporary Order shall not be returned until further order of court. 8. The following additional relief is granted as authorized by § 6108 of the Act: [ ] 9. Defendant is directed to pay temporary support for: (INSERT THE NAMES OF THE PERSONS FOR WHOM SUPPORT IS TO BE PAID) as follows: (INSERT AMOUNT, FREQUENCY AND OTHER TERMS AND CONDITIONS OF SUPPORT ORDER). This order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automoatically if the Plaintiff does not file a complaint for support with the court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. [ x ] 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. 11. [ x ] Defendant shall pay $1,380.00 to Plaintiff as compensation for Plaintiff's out-of- pocket losses, which are as follows: attorneys fees pursuant to § 6108 (a) (8). This sum is to be paid within thirty (30) days of the date of this Order. OR [ ] Plaintiff is granted leave to present a petition, with the 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. [ x ] 12. BRADY INDICATOR. I. [ x ] The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabits with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. 2. [ x ] This Order is being entered after a hearing of which the Defendant received actual notice and had an oportunity to be heard. 3. [ x ] Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4. [ x ] Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s). OR [ ] The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person(s) that would reasonably be exp--cted to cause bodily injury. [ x ] 13. THIS ORDER SUPERSEDES ANY [ x ] PRIOR PFA ORDER AND [ x ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [ x ] 14. All provisions of this Order shall expire in one year, on October , 1999. NOTICE TO THE 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. § 6114. 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 ACT, 18 U.S.C. § 2265. 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. H 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 ACT, 18 U.S.C. § 922 (G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNI- TION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa. C.S.A. § 6113. 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 Sheriffs Office shall maintain possession of the weapons until further Order of this court. When the defendant is placed under arrest for violation of the order, the 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 the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, the Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT: Edgar B. Bayley, J. a? t tt• s i.t ' 1' U t : 11 ,?= ? J t: ??.". ;ytR ct) U . ? v _ w V 5 n C 10 . M I . OCT 18 19990- t.. t , Theresa Barrett Male, Esquire Supreme Court N 46439 115 Pine Street Harrisburg, PA 17101 Counsel for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY W. ALLEN, 11, for himself and on behalf of Kataleena Ward, Plaintiffs, V. NO. 99- /63 W Civil KIMBERLEE WARD, Defendant CIVIL ACTION - PFA NOTICE OF HEARING AND ORDER 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. 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. A hearing on the matter Is scheduled for the JD day of October, 1999, at 1:30 P M., in Courtroom N , at the Cumberland .r County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the order that is attached until it is modified of 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, 18 U.S.C. §2275, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and 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. =c 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, PA 17013 (717) 249-3166 1-800-990-9108 ALL PARTIES SHALL MEET IS MINUTES PRIOR TO THE HEARING, OUTSIDE THE COURTROOM TO CHECK IN. The Sheriff of Cumberland County shall serve this Order on the parties indicated below. Distribution: Prothonotary Plaintiff Defendant Cumberland Co. Emergency Management Plaintiff's Counsel: Theresa Barrett Male, Esquire Cumberland County Sheriff - serve [x] Defendant C is = ?'• l i'i Ct7 u cn ul c? n.. 4 yr ?, 3 ?i Ir U V Ap - ^2 V La W N V ?.. SSSZZZ , ' OCT 1 a 1999' a. 1 _ M.'. J 1 flrf x t y t A Y cti i. Theresa Barrett Male, Esquire Supreme Court / 46439 115 Pine Street Harrisburg, PA 1710: Counsel for Plaintif s COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY W. ALLEN, II, for himself and on behalf of Kataleena Ward, Plaintiffs, V. KIMBERLEE WARD, Defendant NO. 99- J> CIVIL ACTION - PFA Civil TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Kimberlee Ward Defendant's Date of Birth: Unknown Defendant's Social Security Number: Unknown Names of all Protected Persons, including Plaintiff and minor child/ren: Jerry W. Allen, II, Katalecna Ward, David Jerpe. AND NOW, this i day of October, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: [ x ] 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 exluded the residence at (NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED) or any other permanent or temporary residence 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. [ x ] 3. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 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: [ x ] 4. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any means, including through third persons. [ x ] 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: Kataleena Ward. Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Supervised contacts at InnerWorks. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. [ ] 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or designated local law enforcement agency for 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 following relief additional relief is granted: [ x ] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro Township Police Department, and Susquehanna Township Police Department. [ x ] 9. THIS ORDER SUPERSEDES ANY [ x ] PRIOR PFA ORDER AND [ x ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [ x ] 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL RE- MAIN IN EFFECT UNTIL 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 criminal contempt, which is punishable by a fine of up to 51,000.00 and/or up to six months in jail. 23 Pa.C.S. § 6114. Consent of the Plaintiff to Defendant's return to the residence shall 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. This Order may be considered in any subsequent proceedings under Title 23, including child custody proceedings. 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 Act, 18 U.S.C. §2265. If you travel outside of the states and intentionally violate this Order, you may be subject to Federal criminal proceedings under that Act. 18 U.S.C. §§ 2261-2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may j be without warrant, based solely 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 Sheriffs 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. If sufficient grounds for violation of this Order are alleged, the Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE C RT: i J c c; l.r 4 , > x aj n ?L VJ F.. ca cn (.? m OCT 18 1999 ;k . 2} N Theresa Barrett Male, Esquire Supreme Court N 46439 115 Pine Street Harrisburg, PA 17101 Counsel for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY W. ALLEN, II, for himself and on behalf of Kataleena Ward, Plaintiffs, V. NO. 99- 103 Cpivil KIMBERLEE WARD, Defendant : CIVIL ACTION - PFA PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Jerry W. Allen, II 2. I am filing this petition on behalf of: [ x ] Myself and/or [ x ] Another Person If you checked "mysen , please answer all questions referring to yourself as 'Plaintiff.' If you checked "another person," please answer all questions referring to that person as the "Plaintiff", and provide your address here, unless confidential: If you checked "Another Person," indicate your relationship with Plaintiff. [ x ] parent of minor Plaintiff 3. Names of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Jerry W. Allen, II, Kataleena Ward, and David Jerpe - see 112, h1 ra. 4. [ ] Plaintiff's address is confidential. or [ x ] Plaintiff's address is: 253 S. Hill Drive, Grantville, PA 17028 5. Defendant is believed to live at the following address: 511 West Cumberland Road, Enola, PA 170251 Defendant's Social Security Number is: Unknown Defendant's date of birth is: Unknown Defendant's place of employment is: Unknown, but Plaintiff believes and therefore avers that Defendant recently lost or terminated her employment 6. Indicate relationship between Plaintiffs and Defendant. I I Spouse 7. I) Divorce I x I Parent/Child Have Plaintiff and Defendant been involved in any of the following court actions: I x I Custody I x I Support I x I Protection from Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court number, if known: Jerry Allen v. Kimberlee Ward, Cumberland County, N 954500 [custody]. Ward v. Allen, Dauphin County [child support]. Jerry W. Allen, II for himself and on behalf of Kataleena Ward, Dauphin County k 4303 S 1999, the history of which is set forth below: On October 12, 1999, plaintiff filed a petition pursuant to the Protection from Abuse Act, 23 Pa. C.S.A. §§ 6101-6118 ("the Act") in Dauphin County. On October 12, 1999, late in the day, the court entered a temporary protection order, which was served on the requisite police departments, including the Pennsylvania State Police. On the next day, Defendant's counsel filed an answer to the PFA petition, as a result of which the judge on October 13, 1999 signed defendant's proposed order vacating the temporary protection order. On October 14, 1999, Plaintiff's counsel motioned the court to vacate the October 13 order. Under the clear and express language of the Act, the October 13 order is a nullity because the court lacked authority under the statute to enter it: Venue is proper in Cumberland County because it is "the county in which defendant can be served." Pa. R.C.P. 1901 (a) (2). • "[t]he [temporary] order shall remain in effect until modified or terminated after notice and hearing." 23 Pa. C.S. A. § 6107 (b) (emphasis added). • the court entered the October 13 order without notice and hearing. • the court entered the October 13 order ex pane, and the Act does not allow for entry of an er parre order except for a tempo- rary order on petition. On October 14, Plaintiff's counsel learned that Defendant's counsel represents the judge in the judge's divorce action. Plaintiff's counsel immediately requested the Dauphin County Court Administrator re-assign the case. While that request was pending, Defendant's counsel faxed to the judge a response to Plaintiff's motion to vacate the October 13 order. Defendant's response contains inaccurate and erroneous statements of the PFA law which Plaintiff was not afforded an opportunity to correct.' On October 15, 1999, Plaintiffs counsel received a letter from Defendant's counsel indicating that the judge had denied Plaintiff's ' Defendant represented that section 6108 (d) allowed the court to "vacate" a protection order at any time upon subsequent petition filed by either party. In fact, section 6108 applies to orders entered after notice and hearing, not to temporary orders, which are governed by section 6107. Section 6108 (d) provides that: "A protection order or approved consent agreement shall be for a fixed period of time not to exceed one year. The court may amend its order or agreement at any time upon subsequent petition filed by either party." 23 Pa. C.S.A. § 6108 (d) (emphasis added). It does not provide for vacation of the final order on petition. Additionally, this section must be read in conjunction with section 6117, which provides in relevant part: "The plaintiff and the defendant may seek modification of an order issued under section 6108 (relating to relief) at any time during the pendency of an order. Mod cation may be ordered q/ter the filing of a petition for modification, service of the petition and a hearing on the petition." (emphasis added). Defendant also claimed that "ex parte temporary orders are permitted only where a hearing 'is continued and no temporary order is issued' upon the filing of a petition,"' citing section 6107 (c). Here again, Defendant misled the court. Section 6107 (c) in fact provides: "If a hearing under subsection (a) is continued and no temporary order is issued, the court may make ex pane temporary orders under subsection (b) as it deems necessary." Section 6107 (b), which requires the court to conduct an ex parte proceeding on the tiling of a petition, clearly allows for the entry of an ex parte order on petition. In fact, section 6107 (b) is the provision which Plaintiff advised the Dauphin County judge prohibited him from entering the October 13 order. motion to vacate the October 13 order. As of 2:30 p.m. on October 15, 1999, the judge had not relinquished the case for re-assignment. Concurrently with the filing of the instant petition, Plaintiff is withdrawing the Dauphin County PFA petition, for reasons entirely unrelated to the merits of the case. 8. Has the Defendant been involved in any criminal court action? No. If you answered Yes, is the Defendant currently on probation? 9. Plaintiff and Defendant are the parents of the following minor child/ren: Name(s) Ages who reside at (list address unless confidential) Kataleena Ward 4 years 253 S. Hill Dr. Grantville, PA 511 W. Cumberland Rd. Enola, PA 10. If Plaintiff and Defendant are parents of any minor child/ren together, is there an existing court Order regarding their custody? Yes. If you answered Yes, describe the terms of the Order (e.g., primary, shared, legal and/or physical custody): Order dated 10/10/96 for shared physical custody. Amended 12/14/98 directing therapy. Amended 05/13/99 directing continued therapy and custody evaluation. If you answered Yes, in what county and state was the order issued? Cumberland County, Pennsylvania. If you now are seeking an Order of child custody as part of this petition, list the following information: (a) Where has each child resided during the past five years? Child's Name Person(s) child lived with Address, unless confidential When Kataleena Ward Plaintiff & family 253 S. Hill Dr. 4/98 to present Grantville, PA 4 312 Seneca St. Birth to 4/98 Harrisburg, PA 845 Meadow Lane 96-2/98 Camp Hill, PA 5 Adams Road Birth - 96 Enola, PA Defendant 511 W. Cumberland Rd. 2/98 to present Enola, PA (b) List any persons who are known to have or claim to have a right to custody of each child listed above: N/A Name Address Basis or claim 11. The following other minor child/ren presently live with Plaintiff: Name(s) Ares) Hanna 11 months Plaintiffs relationship to child/ren Father 12. The facts of the most recent incident of abuse are as follows: Approximate Date: 10/11/99 Approximate Time: 7:30 a.m. Place: L. Paxton Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking, medical treatment sought, and/or calls to law enforcement (attach additional sheets if necessary): In the presence of the minor Plaintiff, Defendant threatened to have Plaintiff and his father-in-law, David Jerpe, killed, and that each "better watch his back". Defendant shoved Plaintiff, and attempted to slap him across the face. Plaintiff believes and therefore avers that Defendant is capable of carrying out her threats against Plaintiff and Mr. Jerpe. She is emotionally unstable and volatile, and has become more so as a result of custody evaluation being conducted by Deborah L. Salem, MHS, CAC, Director of InnerWorks. Plaintiff believes and 5 therefore avers that the evaluator is ready to issue her report, which he believes and therefore avers will recommend a substantial curtailment of Defendant's custody periods. The closer the parties have come to the end of the evaluation process, the more erratic and threatening Defendant has become. In the presence of the minor Plaintiff, Defendant also alleged that she has "proof' that Mr. Jerpe sexually abused the minor Plaintiff during the first weekend of October. When Plaintiff advised that this was impossible because Mr. Jerpe was in Texas that weekend, Defendant then accused Plaintiff of the alleged sexual abuse. Defendant has made several such accusations against Mr. Jerpe, all of which have been unfounded, as more particularly set forth in 1 13, Iq/ra. Defendant's continuing allegations of sexual abuse, which the authorities maintain are unfounded, highlight her volatility. Plaintiff reported this incident to the police. The Pennsylvania State Police are investigating. 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor child/ren, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred (awed WdWovW ehnu of paper if werury): a. in 1999, Defendant alleged, for the second time, that Mr. Jerpe had sexually abused the minor Plaintiff. Both the Pennsyl- vania State Police and Dauphin County Children & Youth Services investigated, and determined the allegations were unfounded. b. in October 1998, Defendant accused Mr. Jerpe of allegedly sexually abusing the minor Plaintiff. The Pennsylvania State Police and Dauphin County Children & Youth Services investi- gated and determined the allegations were unfounded. C. Defendant has abused the minor Plaintiff as that term is defined in the Child Protective Services law, codified at 23 Pa. C.S.A. § § 6301-6385 (Purdon Supp. 1999). d. Defendant emotionally abuses the minor Plaintiff by, Inter a/ia, punishing her for telling the truth, and by coaching her to lie, particularly about being hurt by Plaintiffs family members. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: 15. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: the Pennsylvania State Police Troop H. Additionally, both the East Pennsboro Police Department, where Defendant lives, and the Susquehanna Township Police Department, where InnerWorks is located, should be served. 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION [ ] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: [ ] owned by (list owners, if known): [ ] rented by (list all names, if known): [ ] Defendant owes a duty of support to Plaintiff and/or the minor child/ren. [ ] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: 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 (CHECK ALL FORMS OF RELIEF REQUESTED): [ x ] A. Restrain Defendant from abusing, threatening, harassing or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. [ ] B. Evict/cxclude 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. 7 [ x ] D. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Supervised contacts at InnerWorks pending resolution of the custody evaluation and further order of this Court. Dye for McCoy v. McCoy, 423 Pa. Super, 334, 621 A.2d 144 (1993) (PFA order has precedence over pre-existing custody order). [ x ] E. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, 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 child/ren. [ x ] F. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. [ ] G. 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. [ ] H. Order Defendant to pay temporary support for Plaintiff and/or minor child/ren including medical support and [ ] payment of the rent or mortgage on the residence. [ ] I. Direct Defendant to pay Plaintiff for reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. [ x ] J. Order Defendant to pay the costs of this action, including filing and service fees. [ x ] K. Order Defendant to pay Plaintiff's reasonable attorney's fees. [ ] L. Order the following relief, not listed above: [ x ] M. Grant such other relief as the court deems appropriate. [ x ] N. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 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 false statements are made subject to the penalties of 18 Pa. C.S. $ 4904, relating to unswom falsification to authorities. Je . Al , II Date: October 18, 1999 j10/2T 1999 14:33 7924637 CNM PAGE 04 C J?J :1 , oz. --yn (017N f% I Fee Exhibit of Plaintiff Jerry W. Allen, II 10/11/99 Call from client 0.20 10/12/99 Prepare PFA petition and orders 1.50 and serve on OC 10/13/99 Review answer 10/13/99 Review order 10/14/99 Prepare motion to vacate 10/13/99 order 10/15/99 Review response 10/17/99 Prepare PFA petition, orders, & praecipc 10/18/99 CWC and file PFA petition; serve OC 10/19/99 Review answer 10/20/99 Hearing Totals 0.20 1.00 0.30 1.00 1.00 0.70 3.00 9.20 0.30 30.00 225.00 45.00 30.00 150.00 45.00 150.00 150.00 105.00 450.00 1,380.00 Extmlaff TO YOU AMC HEARST NOTIFIED TO PLEAD TO THE INCLOSED WITHIN TWENTY ISO DAYS OF SQWCE HEREOF OR A DEFAULT JUDGMENT MAY ¦E ENTERED AGAINST YOU. - , SY . T AnoAHEr LAw OFFlCE W[N[E[ETD[ THAT THE "THIN IS JAMES, SMffH, DURKIN & CONNELLY, LLP A TRUE A COI1 RECT COPY Of THE ORIGINAL FILED IN T"16 ACTION. P. 4), BM 6V NY HERSHEY, PENNSYLVANIA n033-0650 JERRY W. ALLEN, 11, for himself and on behalf of Kataleena Ward, Plaintiffs V. K1bIBEIaEE WARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6318 : CIVIL ACTION- LAW : PROTECTION FROM ABUSE y tirn r ? w attorneys. TEMPORARY PROTECTION FROM ABUSE ORDER AND NOW. comes the Defendant, KIMBERLEE WARD, by and through James. Smith, Durkin & Connelly. LLP to respond to Plaintiffs Petition for Protection From Abuse Order (attached hereto as Exhibit "A") and to petition this Honorable Court to vacate the Temporary Protection From Abuse Order. In support thereof, Defendant respectfully submits as follows: I. Admitted. 2. Denied. To the extent the averments of paragraph two (2) are intended to suggest that any of the individuals denoted are in need of protection from abuse from the Defendant, the same are denied. 3. Denied. To the extent the averments of paragraph three (3) are intended to suggest that any of the individuals denoted are in need of protection from abuse from the Defendant, the same are denied. d. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. By way of further answer, the custody matter between the parties is scheduled for a Conciliation Conference on October 22, 1999. Defendant believes and therefore avers that Plaintiff's use of the Protection From Abuse Act and his attempts at securing a PFA in Dauphin County as set forth in paragraph seven (7) were and remain a pretext for Plaintiffs improper attempts to circumvent the ordinary custody process in the present case, anti otherwise improperly influence the custody evaluation currently being conducted in conjunction with this custody matter to which Plaintiffs Petition explicitly refers. The pretextual nature of Plaintiffs attempts at securing a PFA are evident from Plaintiff's actions in seeking redress in Cumberland County after being denied the requested relief in Dauphin County, a blatant and improper example of "forum shopping" for a desired result. By way of clarification. Defendant was given no notice or opportunity to respond to the allegations of Plaintiffs October 12, 1999 Petition prior to its riling in Dauphin County, despite Plaintiff's counsel's knowledge that Defendant's counsel was involved in the custody matter. Despite Plaintiffs counsel's knowledge of Defendant's counsel involvement and opposition to the entry of the PEA Order, Plaintiffs counsel again initiated an ex parse proceeding in this Honorable Court. In an effort to clarify the many misrepresentations of Plaintiffs courlsel as to the interaction between the attorneys in this case. Defendant respectfully submits that-. (a) Defendant's Answer to Plaintiffs Motion to Reinstate Protective Order was prepared and signed well in advance of Defendant's counsel's receipt of Plaintiffs counsel's request for reassignment of the Honorable Scott A. 2 Evans of the Dauphin County Court of Common Pleas, see Plaintiffs counsel's letter to the Court Administrator attached hereto as Exhibit "B"; (b) Judge Evans involvement was precipitated by Plaintiffs counsel's own ex parse action in this case over which Defendant or Defendant's counsel had no control. Furthermore, Defendant's counsel did not object to the reassignment of Judge Evans as requested by Plaintiffs counsel once he was notified of the request. See Defendant's counsel's letter to Court Administrator attached hereto as Exhibit "C". (c) Defendant's counsel repeatedly contacted Plaintiffs counsel's office on Friday. October 15. 1999 and left messages for Plaintiffs counsel. however. Plaintiffs counsel failed or otherwise refused to return the phone calls. (d). Defendant's counsel has made repeated requests to Plaintitl's counsel for telephone calls, however, Plaintiffs counsel has never returned any of Defendant counsel's phone calls, or otherwise responded to said requests as of the time of the filing of this response. By way of further answer, Plaintiffs attempts to interpret the provisions of the Protection From Abuse Law are conclusions of law to which no responsive pleading is required, and strict proof thereof is demanded. 8. No response deemed necessary. 9. Admitted. 10. Admitted. The October 10, 1996 Custody Order issued by the Honorable George E. Hoffer of the Cumberland County Court of Common Pleas is attached hereto as Exhibit "D". A Custody Conciliation Conference is scheduled with Michael L. Bangs, Esquire on October 22, 1999. (a) Admitted. (b) No response deemed necessary. 11. Admitted. 12. Denied. It is specifically denied that incident described in paragraph twelve (12) occurred as alleged, or that the Defendant ever threatened the lives of Plaintiff and/or his father-in-law. To the contrary. Defendant had a conversation with Plaintiff, regarding conversations she had with doctors. Particularly, it was Defendant's belief that the doctors noted specific times at which they believed the parties' daughter may have been subjected to such abuse. The times indicated by the doctors occurred on days that the parties' daughter was not in the custody of Defendant. Accordingly, Defendant confronted Plaintiff with the allegations, and only implicated Plaintiff when Plaintiff informed her that his father-in-law was out of state during the aforementioned times. Defendant informed Plaintiff and his father-in-law to be aware that the police would be contacting them to investigate the alleged abuse. At no time did Defendant threaten the lives of either Plaintiff or his father-in-law. It is also specifically denied that Defendant has become emotionally unstable and volatile as a result of the custody evaluation being conducted in the present case. To the contrary, neither Defendant nor Plaintiff were aware of the results of the custody evaluation as the report was still being formulated by the Director of InnerWorks when the alleged events occurred. Accordingly, Defendant would have had no reason to become volatile over the results of the custody evaluation as there were no results. Defendant 4 respectfully submits that Plaintiffs allegations in this regard demonstrate the lack of credibility in the allegations of the Petition, and justifies vacating the Temporary Order entered by this Honorable Court. 13. Denied. The allegations of paragraph thirteen are specifically denied. Defendant has committed no acts of prior abuse against Plaintiff, his father-in-law, or the parties' daughter. (a) Denied. It is specifically denied that Defendant's allegations of sexual abuse of her daughter constitute abuse justifying the imposition of a Protection From Abuse Order. To the contrary, any prior allegation of sexual abuse was made with adequate information as support, and were made out of Defendant's concern for her child's welfare. (b) Denied. It is specifically denied that Defendant's allegations of sexual abuse of her daughter constitute abuse justifying the imposition of a Protection From Abuse Order. To the contrary, any prior allegation of sexual abuse was made with adequate information as support, and were made out of Defendant's concern for her child's welfare. (c) Denied. It is specifically denied that Defendant has ever abused the parties' daughter in any manner. (d) Denied. It is specifically denied that Defendant has ever abused the parties' daughter in any manner. 14. No response deemed necessary. 15. Denied. It is specifically denied that any police department or law enforcement agency should be provided with a copy of the protection order as it is apparent once both versions of the alleged incident are presented that no justifiable reason 5 for the Temporary Protection From Abuse Order issued by this Honorable Court exists. 16. Denied. It is specifically denied that there is an immediate danger of further abuse, the existence of past abuse being expressly denied, from Defendant. t; h WHEREFORE, Defendant. KIMBERLEE WARD. respectfully requests that this i Honorable Court: j (1) Vacate the Temporary Protection From Abuse Order entered on October 18. 1999: (2) Order compliance with the custody terms of the October 10. 1996 Custodv Order issued by the Cumberland County Court of Common Pleas until further order of court. Respectfully submitted. .LAMES, SMITH, DURKIN & CONNELLY Date: October 19, 1999 By: Jr.. squire Vonn)4 y 16hkl Jr.. squire . . P.O. Box 650 r Hershey. PA 17033-0650 Y: ` (717) 533-3280 t' Attorney for Defendant 4 6 VERIFICATION The undersigned, JOHN J. CONNELLY, JR., ESQUIRE, of the law firm of lames, Smith, Durkin & Connelly LLP, Hershey, Pennsylvania, hereby certifies that the foregoing RESPONSE TO PLAINTIFF'S PETITION FOR PROTECTION FROM ABUSE IN THE FORM OF A PETITION TO VACATE TEMPORARY PROTECTION FROM ABUSE ORDER has been prepared by me by knowledge and information acquired during the course of my representation of Defendant, KIMBERLEE WARD: that I execute this verification as a signature of said Defendant cannot be obtained in the time permitted for the filing of this pleading; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. h" DATE Them" Bar. ctt state. Squire Supreme Cnurt r 46439 4IS Pine Street Harriaburp. PA 17101 Courml for•Plaintitts COURT OF COMMON PLEAS OF CUbtBERLAND COUNTY, PENNSYLVANIA JERRY W. ALLEN, II, for himself and on behalf of Katalecna Wa.-d. Plaintiffs, V. . NO. 99- j J JQ Civil KIMBERLEE WARD, Defendant CIVIL AC710N - PFA NOTICE OF HE aRI` G a:N D ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at :hc hearing scheduled herein. If ;.ou 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. 1;. particular, you may be evicted from your residence and lose other important rights. A hearing on the matter is scheduled for the .,Zb-/? k day of October, 1999, at J _)e,i Yt., in Courtroom 3 _, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the order that is attached until it is modified of 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 fire of up to S1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also stil,;ect you to prosect;!;nn and criminal peralties urger the Pennsylvania Crimes Code. Undc- federal lam, 18 U.S.C. §2275, this Order is enforceable anywhere in the United States, tribal lands, U,S. Tc-ritories and Commonwealth of Puerto Rico. if you travel outside of t; a state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence: Against Womrt Act, I8 U.S.C. §§2261-2262. • I I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. TILE 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, PA 17013 (717) 249-3166 1-800-990-9i08 ALL PARTIES SHALL MEET 15 MINUTES PRIOR TO THE HEARING, OUTSIDE THE COL'2TR00N1 TO CHECK IN. The Sheriff of Cumberland County shall serve this Order on the Parties indicated below. Disrribution: Prothonotary Plaintiff Defendant Cumberland Co. Emergency Maragement Plairdff's Counsel: Theresa Barrett Male, Esquire Cumberland County Sheriff - serve (xj Defendant i i 11.07 FROM,T8 MALE ESO 10.2 98882 PAGE 4/2C. 7'teresa Barrett Male. F.quire Supreme Court a 46410 !!S Pine Strect Harrisour:, PA 17!01 Counsel for Ptaintirk COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY W. ALLEN, It, for himself and on behalf of Kataleena Ward, Plaintiffs, V. KItNIBERLEE WARD, De#'endas: NO. 99- ?lCivil CIVIL ACTON • PVA PETITION FOR PROTECTION FROM ABUSE 1. P!ainti,f s name is: Jerry W. Allen, Ii r? . 2. 1 am filing this petition on behalf of. ( x ) Nlyseif and/or ( x ) Another Person If you checked 'aysei.°, picric answer all 0uetiom rcfernng :o yaunelf as 'P!aintiff.' If ;,au Necked 'another person.' pitme answer all questions referr n? to that Peron as :.`.e '?!ainhft , Aral provide your address here, unless confidential: If you cneuked 'Another Persoo.' indicate your relationship with Plaintiff: ( x) parent of minor Plaintiff 3. Names of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Jerry W. Allen, 11, Kataleena Ward, and David Jerpe - see 1 12, infra. 4. ( ) Plaintiff's address is confidential. or ( x J Plaintiff's ad0css is: 253 S. Hiil Drive. Graniville, PA 17028 -19-99 11.07 FROM-TS MALE E9O 10,2739992 PACE 5/2C J f.: S. Defendant is believed to live at the following addrem; 511 west Cumberland Road, l?nola. PA 11025: Defendant's Social Security Number is: Unknown Defendant's date of birth is: Unknown Defendant's place of employment is: Unknown, but Plaintiff believes and therefore avers that Defendant recently lost or ;c. initiated her employment 6. Indicate relationship between Plaintiffs and Defendant. I I spuu.se I x I P.renVChdd ,Yc 7. Have Plaintiff and Defendant been involved in any of ;he following court actions: f Divorce (c I c4mudy I X ! Support. IxI ?raetsiunA;,ust If you checked any of the above, brie:iy indicate when and where the case was tiled and the court number, if known: Jerry Allen v. Ki:nbe:;ee Ward, Cumberland County, ,# 95-4500 (custody). Ward v. Al:en, Dauphin County (child support). Jerry W. Allen, iI for himself and or. behalf of Kataleena Ward, Dauphin County # 4303 S 1999, the l is;ory of whit„ is set fo:.h below: On October 12, 1999, plaintiff tiled a petition pursuant to the Protection from Abuse Act, 23 Pa. C.S.A. §§ 6101-6113 ("the Act') in Dauphin County. On October 12, 1999, late in the day, the cou. t entered a temporary protec ior. order, which was served on the requisite police departments. including the Pennsylvania State Police. On the next day, Defendant's counsel filed an answer to the PFA petition, as a result of which the judge on October 13, 1999 signed defendant's proposed order vacating the temporary protection order. On October 14, 1999. Plaintiff's counsel motioned the court to vacate the October 13 order. Under the clear and express language of the Act, the October 13 order is a nullity because the court lacked authority under tl.e statute to enter it: ' Venue is proper in Cumberland County because it is 'thc county in which defendant can be served." Pa. R.C.P. 1901 (a) (2). • "(t)he [tcm; orary) order shall remain in effect until n:txlified or terminated after antler turd hear,n;." 23 Pa. C.S. A. S 6107 (h) (emphasis added). • the court entered the October 13 order without notice and hearing. • the court entered the October 13 order ex parre, and the Act does not allow for entry of an ex pane order except for a tempo- rary order on petition. On October 14. Plairtiff's counsel learned that Defendant's counsel represents ;he judge in the judge's divorce action. Plaintiff's counsel immediately requested the Dauphin County Court Administrator re-assign the case. While that request was pending, Defendant's counsel faxed to the judge a response to Plaintiff's motion to vacate the October 13 order. Defendant's response contains inaccurate and erroneous statements of the PFA law which Plaintiff was not afforded an opportunity to currec..' On October 15, 1999, Plaintifrs counsel received a letter from De:endant's counsel indicating that the judge had denied Plaintiff's = Defendant represented that section 6108 (d) allowed the court to -vacate" a protection order at any time upon subsequent petition tiled by either party. In fact, section 6108 applies to orders entered after notice and hearing. -.ot to te=orarl orders, which are governed by section 6107. Section 6108 (d) provides that: "A protection order or approved consent agreement shall be for a fixed period of time not to exceed one year. The court may amend its order or agreement at any time upon subsequent petition tiled by either party." 23 Pa. C.S.A. $ 6108 (d) (emphasis added). It does not provide for vacation of the final order on petition. :Additionally, his section must be read in conjunction with section 6117, which pro vides in relevant part: "The pWndff and the defendant may seek modification of an order issued under section 6108 (relating to relief) at any time during the pendency of an order. Modification may he ordered after the filing of a petition for modification, service of the petition and a hearing on the petition." (emphasis added). Defendant also claimed that "ex parte temporary orders are permitted only where a hearing 'is continued and no temporary order is issued' upon the filing of a petition,'" citing section 6107 (c). Here again, Defendant misled the court. Section 6107 (c) in fact provides: '!f a hearing under subsection (a) is continued and no temporary order is issued, the court may make ex pane %inporary orde;s under subsection (h) as it deuus nccc„ary." Sectiun 6107 (b), vri;ch requires the court to conduct an ex parte proceeding on the filing of a petition, clearly allows for the entry of an ex parte order on %tition. In fact, section 6107 (h) is the provision which Plaintiff advised the Dauphin C'oonty judge prohibited him from entering the October 13 order. motion to vacate the October 13 order. As of 2:30 p.m. on Oc:oher 15, 1999, :he judge had not relinquished the case for re-assignment. Concurrently with the filing of the instant petition, Plaintiff is withdrawing the Dauphin County PFA petition, for reasons entirely unrelated to :he merits of the case. S. Has the Defendant been involved in any criminal court action? No. If you answered Yes, is the Defendant currently on probation? 9. Plaintiff and Defendant are the parents of the following minor child/ren: Name(t) Ages mono reside at (lir, address intess contidentiap Kataleena Ward 4 years 253 S. Hill Dr. Grantviile, PA Si I W. Cu nberIard Rd. enola, PA '.0, if Plaintiff and Defendant are parents of any mi::or chiidl:en togcther, is there an existing tour: Order regarding :heir c_stody? Yes. If you answered Yes, descrbe the terms of the Order (e.g., primary, shared, legal and/or physical custody): Order dated !0/10/96 for shared physical custody. Amended 12/14/98 directing therapy. Amended 051!3/99 directing continued therapy and custody evaluation. if you answered Yes, in what county and state was the order issued? Cumberland County, Pennsylvania. if you now are seeking an Order of child custody as part of this petition, list the following information: (a) Where has each child resided during the past five years? Child's Name Persun(s) child lived with Kalal-viia Warti Plaintiff & family Addrem, untem amndcn:)al When 253 S. Hill Dr. 4/98 to present Grantville, P.4 312 Seneca St. Birth to :;98 Harrisburg. PA 845 Meadow Lane 96-1198 Camp Hill, PA 5 Adams Road Binh - 96 Enola, ?A Defendant 511 W. Cumberland Rd. 219S to present Enola, PA (b) List any persons who are known to have or claim to have a right to custody of each child listed above: N/A Name Address 3asis of Ctatin I !. The following other minor child/ren presently live with Plaintiff: `ame(sp Ach(s) Minturrs etaounshio to child.'ren Hanna ',l months Father 12. 'rhe :acts of the most recent incident of abuse are as follows: Approximate Date: 10/11/99 Approximate?ime: 7:30 a.m. Placc: L. Pax;on Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking, medical treatment sought, and/or calls to law ° enforcement (attach additional sheau if nowwary): In the presence of the minor Plaintiff, Defendant threatened to have Plaintiff and his father-in-law, David Jerpe, (tilled, and that each "better watch his back'. Defendant shoved Plaintiff, and attempted to slap him across the face. s r,' Plaintiff be';t cs and therefore avers that Defendant :- -:tpable of carrying out her. threats against Plaintiff aow Mr. lerpe. She is emotionally unstable and volatile, " and has become more so as a result of custody evaluatlon being conducts.' by Deborah L. Salem. WIS. CAC, Director of InnerWorks. Plaintiff believes and P° t ark. 8/20 therefore avers that the evaluator is ready to issue ltcr report, which he believes and therefore avers will recommend a substantial curtailment of Defendant's custody periods. The closer the parties have come to the end of the evaluation process, the more erratic and threatening Defendant has become. In the presence of the minor Plaintiff, Defendant also alleged that she has 'prnof' that ,qtr. Je.'pe sexually abused the minor Plaintiff during the first weekend of October. When Plaintiff advised that this was impossible because Nir. Jerpe was in Texas that weekend, Defendant then accused Plaintiff of the alleged sexual abuse. Defendant has made several such accusations against Ntr. Jerpe, all of which have been unfounded, as more particularly set forth to 1 13, Infra. Defendant's continuing allegations of sexual abuse, which the authorities maintain are unfounded, highlight her volatility. PlainUff reported this incident to the police. The Pennsylvania State Police are investigadrtg, :3. If the Defendant has committed prior acts of abuse against Plaintiff or the Zinor child/ren, describe these prior incidents, including any threats, injuries, or incidents of smIking, and indicate approximately when such acs of abuse occur. d (.ana ,,24N01W Illfifa Or alp. t( YtYY r). a. in 1999, Defendant alleged, for the second time, that Mr. Jerpe had sexually abused the minor Plaintiff. Both the Pcnnsyl- vania State Police and Dauphin County Children & Youth Services investigated, and determined the allegations wett unfounded. b. in October 1998, Defendant accused Mr. Jerpe of allegedly sexually abusing the minor Plaintiff. The Pennsylvania State Police and Dauphin County Children & Youth Services investi- gated and determined the allegations were unfounded. C. Defendant has abused the minor Plaintiff as that term is defined in the Child Protective Services Law, codified at 23 Pa. C.S.A. § § 6301.6385 (Purdon Stipp. 1999). d. Defendant emotionally abuses the minor Plaintiff by, inter nGa, punishing he: for tr I'ing the Vail, art' by ce.+,hi; ;:cr to lie, particularly about being hurt by Plaintiff's family members. C. iae 14. List the weapon(,) that Defendant has used ur :hreatcred to use against Plaintiff or :he minor child/rcn: 15. Identify the police department or law enforcement agency to the area in which P!airtiff lives that should be provided with a copy of the protection order: the Pennsylvania State Police Troop H. Additionally, both the East Pennsboro Police Department, where Defendant lives, and the Susquehanna Township Police Dcparment, where Irrerworks is located, should be served. 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE. THE REQUESTED INFOR?I[ATION [ ] Plaintiff is asking the court to evict and exclude the Defendant from the following residence: ( j owned by cast owners, if ;mown): [ j rented by (list a;! names, ii 'known): ( J Defendant owes a duty of suppor to Plaintiff and/or the minor child/ren. [ } Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: FOR THE REASONS SET FORTH ABOVE. I REQUEST THAT T-HE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER 1 -AT WOULD DO THE FOLLOWING (CRECIC ALL FORMS OF RELIEF REQUESTED): ( x ] A. Restrain Defendant from abusing, threatening, harassing or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. [ ) B. Evictlexclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. ( I C. P. q?:ire nc:'ccdant to provide Naintiff andlor '`:ild/ren wit n'hrr suitable housing. 7 OCT-18-99 11,09 FROM-TO MALE ESO 10.2796862 PACE 11/20 (x ] D. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Supervised contacts at InnerWorks pending resolution of the custody evaluation and further order of this Court. Dye for McCoy v. McCoy, 423 Pa. Super. 334, 621 A.2d 144 (1993) (PFA order has precedence over pre-existing custody order). (x J E. Prohibit Defendant from having any contact with Plaintiff and/or minor childi ren, 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 child/ren. ( x J F. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. ( ) G Order Defendant to temporari!y turn over weapons to the S;ter ff of this Cou y and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. [ j H. Order Defendant to pay tempcwv support for Plaintiff and/or minor child/rtn including medical snpcor, and [ J payment of the rent or mortgage on the residence. [ J 1. Direct Defendant to. pay Plaintiff for reasonable financial losses suffered as e result of the abuse, to be determined at the hearing. X J J. Order Defendant to pay the costs of this action, including filing and service fees. [ x J K. Order Defendant to pay Plaintiff's reasonable attorney's fees. ( J L. Order the following relief, not listed above: ( x J M. Grant such other relief as the court deems appropriate. ( x ] N. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The prri,ioncl will inform the desi?;vt -! authority of any audresses, other than Defendant's residence, where Defendant can be served. I OCT-18-98 11109 FROMoTB MALE EEO 10.276662 PACE 12/20 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 false statements are made subject to the penalties of I8 Pa. C.S. § 4904, relating to unswom falsification to authorities. 1e W. Rile , II Date: October 18, 1999 12378882 Thcrum Barron Male, [,Quito Supreme Court / A6479 IIS Pine Strout Har1sburg, PA 17101 Courtel for Plaintiffs COURT 01= COMMON PLEAS OF CUMBERLAND COUNMY, PENNSYLVANIA JERRY W. ALLEN, 11, for himself and on behalf of Kataleena Ward, Plaintiffs, V. NO. 99- Civil KINIBERLEE WARD, Defendant CIVIL ACTION - PFA TENIPORA.RY PROTECTION FROM ABUSE ORDER Defendant's Narne: Kimberlee Ward Defendant's Date of Binh: Unknown Defendant's Social Security Number: Unknown PALS 17/20 Names of all Protected Persons, including Plaintiff and minor child/ren: Jerry W. Alien, II, Kataleena Ward, David Jerpe. AND NOW, this /01( day of October, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ( x J 1. Defendant shall not abuse, harass stalk or threaten any of the above persons in any place where they might be found. ( 1 2. Defendant is evicted and exluded the residence at (NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED) or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. L'efcndant shall ha.c no right n- privilege to t:-„u or be present on the premises. ( x J I Except for such contact with the minor cSild/ren as may be permitted under Paragraph 5 oC this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any 1w:ation, including but not limited to any contact at I'laintif' s school, busiriLm, or place OCT-I6-SS 11.10 FROM-T8 MALE ESO tD 2736662 PACE 14/2C of employment. Defendant is specifically ordered to stay away from. the following lucauons for the duration of this Order: [ x ] 4, Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by Wephore or by any means. in.ciuding through third persons. [ x ] ?. Pending the outcome of the final hearing in this :natter, Plaintiff is awarded temporary custody of the following minor children: Kara!eena Ward. Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Super.,ised contacts at InnerWorks. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. [ ] 6. Defendant shall immediately relinquish. the following weapons to the Sheriff's Of ce or designated local law enforcement agency for delivery to the Sheriff's office: Defendant is prohibited from possessing, transferring or acquiring any ether, weapons for t`e duztion of this order. [ ] '. The following relief additional relief is granted: [ x ] S. A certified copy of this Order shall be provided to the police department where Plaintiff resides and arty other agency specified hereafter: East ?e^nsboro Township Police Department, and Susquehanna Township Police Department. [ x ] 9. THIS ORDER SUPERSEDES ANY [ x ] PRIOR PFA ORDER AND [ x ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. { x ] 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT' AND SHALL RE- MAIN IN EFFECT UNTIL 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 criminal contempt, which is punishable by a fine of up to 51,000.00 and/or up to six months in jail. 23 Pa.C.S. § 6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of apD.-npriate rn!t t paper fc: 'dat purpose. 23 Pa. C.S 6i ,3. Dcfen, ar.t is further nuuiiM that violation of this Order may subject hint/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. 5/20 This Order may be considered in any subsequent proceedings under Title 23,inc:uding child custody proceedings. This Order is enforceable in all fifty (50) states, the Distri ct of Columbia. Tribal Lands, U.S. Territories and the Commonwealth of Puerto Rico under the violence Against Women Act. 18 U.S.C. §2265. If you crave: outside of the sates and intentionally violate this Order, you may be subject to Federal criminal proceedings under that Act. 18 U.S.C. §§ 2261.2262. NOTICE TO LAW ENFORCEME.NT OFFICIALS This Orde: 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 may be located. If defendant violates Paragraphs I through A. of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An armst for violation of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement ofr:cer snail seize all weapons used or threatened to be used during the viola;ion of d:is Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of he weapons until f=.her Order of this court, unless the weapon/s are evidence of a came, in which case, they shall remain with the law enforcement agency whose officer made the arrest. If sufficiert rounds for violardorr of this Order are alleged, the De endant shall be arraigned, bo-d set and both parties 'given notice of the date of the hearing. BY T'r.E COURT: ASV /' 2&0a".) TRUE COPY FROM REWRO to restbnary whemd. I here twto yet fay haM and ttte 364 9f said court et Cm t k; Y EXHIBIT "Be' THERESA BARRE.TT MALE COUNHLOR AT LAW 1 Is V+ t SILL(t THLLLSA BAULTT MAIL HAwsri¦C, rbNNJ,t u 17101 (717) 233.3220 SUSAN C. Amur FAa (717) 233.6862 rAKAttuL October 15, 1999 Carolyn Thompson, Esquire Deputy Court Administrator Dauphin County Courthouse Front and Market Streets Harrisburg, PA 17101 Re: Allen v. Ward (PFA # 4303 S 1999) Dear Carolyn: Late yesterday afternoon, I requested that the above-referenced PFA rue be re-assigned from Judge Evans to anotherjurist because I had just learned that John Connelly, the defendant's counsel, also represents Judge Evans in his divorce action. According to the message I received today from my paralegal, you informed her this morning that Judge Evans wants to discuss this with you. As a result, the case has not been re-assigned as yet. I am directing this letter to you, with a copy to opposing counsel, so that there is no misunderstanding as to my position. 1. The case must be re-assigned. 2. The Temporary Order entered October 12, 1999 must be reinstated. This is not a matter of discretion. Rather, by statute, once the temporary protection order issues, the court has no authority to modify or terminate the temporary order until the rase is heard: "The order shall remain in effect until modified or terminated after notice and hearing." 23 Pa. C.S. A. § 6107 (b) (emphasis added). 3. The October 13, 1999 order must be vacated. This is not discretionary. Under the clear, express, and unambigous provisions of the Protection from Abuse Act, 23 Pa. C.S.A. §§ 6101-6118, the court lacks authority to enter an order on answer of the defendant, which is what occurred here. The court lacks authority to enter any ex parre relief other than temporary orders pursuant to section 6107. The court cannot modify or terminate the temporary protection order absent a hearing. The issues addressed in paragraphs 2 and 3 are more particularly set forth in the motion to vacate the October 13 order, which I filed that date. If I need to file a recusal motion on the other issue, pieasc advise. Carolyn Thompson, Esq. Page 2 October 15, 1999 Although I am still on medical leave, I am available if necessary. Sincerely, Theresa Barrett Male TBM/sca cc: JoFur J Connelly;j Fax - Hard Copy to Follow Wa Far - Hard Copy to Follow EXHIBIT "C" "?J 5?t (se .. i55A?:.y .. .. ..... _ Vin. JAMES SEnrrti DtJwarl & CaOIEit.Y UP October 15, 1999 VIA FACSJMILE (717) 255-2805 Carolyn Thompson, Esquire Deputy Court Administrator Dauphin County Courthouse Front and Market Streets Harrisburg, PA 17101 Re: Allen v. Ward Dear Carolyn: I was completely unaware that you were contacted by Theresa Male yesterday, nor did she inform me that she was objecting to Judge Evan's involvement in this case because of my representation of Judge Evan's in his divorce action. I did not select Judge Evans and had no option but to file the petition with him because the Order was signed by him. I have no objection to this matter being reassigned, however, l do have an objection to the way Theresa Male had handled this in an ex pane fashion knowing full well I was in the case and custody was a significant issue pending in Cumberland County with the conciliation to be held on October 22, 1999. I will address, point by point, the issues in her October 15, 1999, letter to you. 1. I had no idea that Judge Evans was contacted by anyone regarding reassigning the case, nor was I aware that he wanted to discuss the matter with you directly. All of the information in Theresa Male's October 15, 1999, letter is news to me. 2. In the answer filed to her motion to vacate, my legal position is clear. I disngree with hc. on these le.;jl issues. • 3. My response to this paragraph in her letter is the same. Nowhere in the statute are the issues she raised specifically addressed. The only ex pane communication with the court was done by her in her initial filing, knowing I was involved in the custody action in Cumberland County. The Order signed by the Judge vacating the initial PFA Corder was done with notice to her and an opportunity to oppose it. Nothing in the •:= I SE aE:IE t' w -•a ::7?Es3. s. ae: •a : :.U' S'. 1_-a John J. Connelly. Jr. BcjtQdte4al.com OLI&AU a COw[K1K 4w CNe. urw\no" ®UrJr.CN Lw1 O1-IAYVCR 4 UT.Ta -t I NJgr Law 16/MNCa uw WO LU YMCIPK {MY ISM EVAN nRRr a En•ra ACIAMSMATIO" October 15, 1999 Page 2 of g statute provides that the court cannot modify or terminate the temporary protection order, in fact, there is specific language addressing this issue. This petition was filed to secure an unfair advantage in the pending custody action and frankly the initial PFA petition should never have been granted until a full heating on the matter was heard. The Custody order of the Cumberland County Court should be reinstated pending a hearing on the PFA filed by Ms. Male. Inspite of repeated telephone calls to her office to discuss this matter, I have received only new motions or correspondence directed to the court or you. I believe Judge Evans took the appropriate action in vacating the PFA Order. A hearing must still be held, however, the order granted pursuant to my petition to vacate should remain in place since there was no factual foundation to grant the original PFA Order. At the time this court hears the matter this issue can be decided. I would appreciate if you would contact me after you receive this correspondence to update me on the status of this matter, since there has been apparently a flurry of activity, of which I am unaware, inspite of requests of Ms. Male's office for a status update from her view point. Very yMy yours, , Jr. nebas EXHIBIT "D" JERRY ALLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff' : CUMBERLAND COUNTY, PENNSYLVANIA V. 95-4500 CIVIL TERM KIMBERLEE WARD, Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, October 10, 1996, the parties having appeared for hearing with their respective counsel, P. Richard Wagner, Esquire, for the Plaintiff, and Ellen Adler, Esquire, for the Defendant, the parties do hereby acree that the parties shall have shared legal custody of their daughter, Kataleena, born March 7, 1995, with the following physical custody schedule: 1. Commencing Mcnday, October 14, 1996, at 7:00 a.m., until Wednesday, b .e October 16, at 7:00 a.m. with Father. 2. Commencing Wednesday, October 16, 1996, at 7:00 a.m., until Friday, a bctober 18, at 7:00 a.m., with Mother. 3. Commencing Friday, October 18, at 7:00 am., until Monday, October 21, at 7:00 a.m., with Father. ;r 4. Thereafter, each week shall be scheduled so that the above periods will be alternated between Mother and Father on a rotating basis. 5. The custodial parent, or the designee, shall be responsible fnr transportation. 6. The custodial parent shall be responsible for a caretaker during that' parent's period of custody, the caretaker shall be a member of a parent's immediate family or regular babysitter. In the event the immediate family member or regular babysitter is not available, the non-custodial parent shall be given the option of caretaking during that period. 7. During the even-numbered years Mother shall have Thanksgiving and Easter from 2:00 p.m. until 8:00 p.m. on that holiday. Father shall have the period from 8:00 a.m. unlit 2:00 p.m. an each of those holidays in the even-numbered years. In the odd-numbered years, Mother shall have the 8:00 a.m. to 2:00 p.m. period of time and Father, the 2:00 p.m. to 8:00 p.m. period. 8. During the Christmas holiday, Mother shall have from December 24 at 2:00 p.m. to December 25 at 2:00 p.m. in the odd-numbered years, and December 25 at 2:00 p.m. until December 25 at 2:00 p.m. in the even-numbered years. Father shall have from December 24 at 2:00 p.m. to December 25 at 2:00 p.m. in the even-numbered years, and December 25 to December 26 In the odd-numbered years. 9. Mother's Day shall always be with Mother and Father's Day with Father from 7:00 a.m. to 7:00 p.m. 10. The parties shall alternate Memorial Day, July 4, and Labor Day, with Father having Memorial Day and Labor Day in odd numbered years, and Mother having July 4 in odd-humbered years. This shall be alternated in even-numbered years. The period shall be from 7:00 a.m. to 7:00 p.m. 11'. 1=ach party shall enjoy one week of uninterrupted vacation with the child upon thirty days' written notice and telephone notice, provided the one-week does not fall on a major holiday. 12. The parties agree that they shall participate on a weekly conciliatory basis with each party's designated clergy an an alternating schedule. 13. Both parties are hereby directed by the Court to participate in reasonable and meaningful communication with each other as it relates to their child. Kataleena, and neither shall adopt any course of action that shall interfere with the relationship with their child. 14. The parties agree to make every effort to accommodate special events in the child's life by altering the schedule where necessary. 15. The parties agree that they shall inform the non-custodial parent with reasonable advance notice in the event that they plan to leave the area with the child. J. P. Richard Wagner, Esquire For the Plaintiff Ellen Adler, Esquire For the Defendant By the Court, JERRY W. ALLEN, II, for himself and on behalf of Kataleena Ward, Plaintiffs V. KIMBERLEE WARD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6318 : CIVIL ACTION -LAW PROTECTION FROM ABUSE I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorney for the Defendant, Kimberlee Ward, hereby certify that I have served a copy of the foregoing Response to Protection from Abuse Petition on the following on the date and in the manner indicated below: X" A C A PCTRM 1W 111'n 2'i'i.l,M2 AND I14 MAIL. FIRST CLASS. PRE-PAID Theresa Barrett Male, Esquire 115 Pine Street Harrisburg, PA 17101 JAMES, SMITH, DURIN & CONNELLY DATE: By r`Y ?x x?vj¢y? F h}}?ee"#4 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 TO YOU ARE ?N[ [MCLOS[O NlEOY NOTIII[O TO PLEAD TO ?WENT' no DAYS Of E[AVIC[ N[R WITHIN PIA A DEFAULT JUDGMENT MAY ¦[ ENT[A[D AGAINST YOU. Er ATnwM[Y LAW OFFICE JAMES, SMITH, DURKIN & CONNELLY. LLP PQBOX SM HERSHEY. PENNSYLVANIA na33-06% JERRY W. ALLEN, 11, for himself and on behalf of Kataleena Ward. Plaintiffs V. KIMBERLEE WARD, Defendant WE H[R[ST GRATIN THAT THE WITHIN 16 A TRUE AND COFMCC? Copy OR ?He ORIGINAL PILED IN THIS ACTION. [T ?,^i •r mown.::.. : IN 7'I1E COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6318 CIVIL ACTION - LAW PROTECTION FROM ABUSE DEFENDANT'S RESPONSF. TO PLAINTIFF'S PETITION FOR PROTFCTION FROM ABUSE, IN THE FORM OF A PETITION TO VACATF. TEMPORARY PROTECTION FROM ABUSE, ORDER AND NOW, comes the Defendant, KIMBERLEE WARD, by and through her attorneys, James, Smith, Durkin & Connelly, t.I.P to respond to Plaintiffs Petition for Protection From Abuse Order (attached hereto as Exhibit "A") and to petition this Honorable Court to vacate the Temporary Protection From Abuse Order. In support thereof. Defendant respectfully submits as follows: I. Admitted. 2. Denied. To the extent the averments of paragraph two (2) are intended to suggest that any of the individuals denoted are in need of protection from abuse from the Defendant, the same are denied. Denied. To the extent the averments of paragraph three (3) arc intended to suggest that any of the individuals denoted are in need of protection from abuse from the Defendant, the same are denied. 4. Admitted. 5. Admitted. r + 6. Admitted. 7. Admitted. By way of further answer. the custody matter between the parties is scheduled for a Conciliation Conference on October 22, 1999. Defendant believes and therefore avers that Plaintiff's use of the Protection From Abuse Act and his attempts at securing a PPA in Dauphin County as set forth in paragraph seven (7) were and remain a pretest for Plaintiffs improper attempts to circumvent the ordinary custody process in the present case, and otherwise improperly influence the custody evaluation currently being conducted in conjunction with this custody matter to which Plaintiff's Petition explicitly refers. The prctextual nature of Plaintiffs attempts at securing a PPA are evident from Plaintiffs actions in seeking redress in Cumberland County after being denied the requested relief in Dauphin County, a blatant and improper example of "forum shopping" for a desired result. By way of clarification, Defendant was given no notice or opportunity to respond to the allegations of Plaintiffs October 12, 1999 Petition prior to its filing in Dauphin County, despite Plaintiffs counsel's knowledge that Defendant's counsel was involved in the custody matter. Despite Plaintiffs counsel's knowledge of Defendant's counsel involvement and opposition to the entry of the PPA Order, Plaintiffs counsel again initiated an ex pale proceeding in this Honorable Court. In an effort to clarify the many misrepresentations of Plaintiff's counsel as to the interaction between the attorneys in this case, Defendant respectfully submits that: (a) Defendant's Answer to Plaintiffs Motion to Reinstate Protective Order was prepared and signed well in advance of Defendant's counsel's receipt of Plaintilf's counsel's request for reassignment of the I lonorablc Scott A. Evans of the Dauphin County Court of Common Pleas, see Plaintiffs counsel's letter to the Court Administrator attached hereto as Exhibit "13"(b) Judge Evans involvement was precipitated by Plaintiffs counsel's own ex parle action in this case over which Defendant or Defendant's counsel had no control. Furthermore, Defendant's counsel did not object to the reassignment of Judge Evans as requested by Plaintiffs counsel once he was notified of the request. See Defendant's counsel's letter to Court Administrator attached hereto as Exhibit "C". (c) Defendant's counsel repeatedly contacted Plaintiffs counsel's office on Friday. October 15, 1999 and left messages for Plaintiffs counsel, however, Plaintiffs counsel failed or otherwise refused to return the phone calls. (d) Defendant's counsel has made repeated requests to Plaintiffs counsel for telephone calls, however, Plaintiffs counsel has never returned any of Defendant counsel's phone calls, or otherwise responded to said requests as of the time of the filing of this response. By way of further answer, Plaintiffs attempts to interpret the provisions of the Protection From Abuse Law are conclusions of law to which no responsive pleading is required, and strict proof thereof is demanded. 8. No response deemed necessary. 9. Admitted. 10. Admitted. The October 10. 1996 Custody Order issued by the Honorable George E. Floffer of the Cumberland County Court of Common Pleas is attached hereto as l J Exhibit "D". A Custody Conciliation Conference is scheduled with Michael L. Bangs, Esquire on October 22, 1999. (a) Admitted. (b) No response deemed necessary. 11. Admitted. 12. Denied. It is specifically denied that incident described in paragraph twelve (12) occurred as alleged, or that the Defendant ever threatened the lives of Plaintiff and/or his father-in-law. To the contrary, Defendant had a conversation with Plaintiff, regarding conversations she had with doctors. Particularly, it was Defendant's belief that the doctors noted specific times at which they believed the parties' daughter may have been subjected to such abuse. The times indicated by the doctors occurred on days that the parties' daughter was not in the custody of Defendant. Accordingly, Defendant confronted Plaintiff with the allegations, and only implicated Plaintiff when Plaintiff informed her that his father-in-law was out of state during the aforementioned times. Defendant informed Plaintiff and his father-in-law to be aware that the police would be contacting them to investigate the alleged abuse. At no time did Defendant threaten the lives of either Plaintiff or his father-in-law. It is also specifically denied that Defendant has become emotionally unstable and volatile as a result of the custody evaluation being conducted in the present case. To the contrary, neither Defendant nor Plaintiff were aware of the results of the custody evaluation as the report was still being formulated by the Director of InncrWorks when the alleged events occurred. Accordingly. Defendant would have had no reason to become volatile over the results of the custody evaluation as there were no results. Defendant respectfully submits that Plaintiffs allegations in this regard demonstrate the lack of credibility in the allegations of the Petition, and justifies vacating the Temporary Order entered by this I lonorable Court. 13. Denied. The allegations of paragraph thirteen are specifically denied. Defendant has committed no acts of prior abuse against Plaintiff, his father-in-law, or the parties' daughter. (a) Denied. It is specifically denied that Defendant's allegations of sexual abuse of her daughter constitute abuse justifying the imposition of a Protection From Abuse Order. To the contrary, any prior allegation of sexual abuse was made with adequate information as support, and were made out of Defendant's concern for her child's welfare. (b) Denied. It is specifically denied that Defendant's allegations of sexual abuse of her daughter constitute abuse justifying the imposition of a Protection From Abuse Order. To the contrary, any prior allegation of sexual abuse was made with adequate information as support, and were made out of Defendant's concern for her child's welfare. (c) Denied. It is specifically denied that Defendant has ever abused the parties' daughter in any manner. (d) Denied. It is specifically denied that Defendant has ever abused the parties' daughter in any manner. 14. No response deemed necessary. 15. Denied. It is specifically denied that any police department or law enforcement agency should be provided with a copy of the protection order as it is apparent once both versions of the alleged incident are presented that no justifiable reason for the Temporary Protection From Abuse Order issued by this I Ionorable Court exists. 16. Denied. It is specifically denied that there is an immediate danger of further abuse, the existence of past abuse being expressly denied, from Defendant. WHEREFORE, Defendant, KIMDERLEE WARD, respectfully requests that this Honorable Court: (1) Vacate the Temporary Protection From Abuse Order entered on October 18, 1999; (2) Order compliance with the custody terms of the October 10, 1996 Custody Order issued by the Cumberland County Court of Common Pleas until further order of court. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY Date: October 19, 1999 By: 6 1'.O. Box 650 I Icrshcy, PA 17033-0650 (717) 533-3280 Attorney for Defendant VERIFICATION The undersigned, JOHN J. CONNELLY, JR., ESQUIRE, of the law firm of James, Smith, Durkin & Connelly LLP, Hershey, Pennsylvania, hereby certifies that the foregoing RESPONSE TO PLAINTIFF'S PETITION FOR PROTECTION FROM ABUSE IN THE FORM OF A PETITION TO VACATE TEMPORARY PROTECTION FROM ABUSE ORDER has been prepared by me by knowledge and information acquired during the course of my representation of Defendant, KIMBERLEE WARD; that I execute this verification as a signature of said Defendant cannot be obtained in the time permitted for the filing of this pleading; and that false statements herein arc made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. fo-/9-99 DATE 18-99 11.10 FROM.T9 MALE ESQ 1'hermi Barren Male, Esquire Supreme Cmtrt 4 46439 115 Pine Street Harrixburg, PA 17101 Counsel for Plaintiffs ID.2376882 PACE 16/20 COURT OF COMMON PLC-AS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY W. ALLEN, II, for himself and on behalf of Katalecna Ward, Plaintiffs, V, NO. 99- W I P Civil KIMBERLEE WARD, Defendant CIVIL ACTION - PFA NOTICE OF HEARING AND ORDER 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. 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. - A hearing on the matter is scheduled for the .26 ./' day of October, 1999, at _?e.) 1 M., in Courtroom, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the order that is attached until it is modified of 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 S1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also sutiiect you to proseeul*-nn and trim;-,l , enalties u-,'-r the Pennsylvania Crimes Code Unev-r federal law, 18 U.S.C. §2275, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and Commonwealth of Pucno Rico. if you travel outside of the state and py intentionally violate this Order, you may be subject to federal criminal proceedings under the ", 4y Violence Against Women Act, 18 U.S.C. §§2261-2262. OCT 18-99 21,11 FR0M,T8 MALE EGO 10-2338892 PACE 17/20 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, PA 17013 (717)249.3166 1-800.990-9108 ALL PARTIES SHALL MEET 15 MINUTES PRIOR TO THE HEARING, OUTSIDE THE COURTROOM TO CITECK IN. The Sheriff of Cumberland County shall serve this Order on the parties indicated below. Distribution: Prothonotary Plaintiff Defendant Cumberland Co. Emergency Management Plaintiffs Counsel: Theresa Barrett Male, Esquire Cumberland County Sheriff - serve (xj Defendant 18-99 11.07 FROM,S9 MALE ESC ID-2776862 PACE 4/20 Theresa Barrett Male, IiWu,re Supreme Court a 464,19 115 Pine Strect I4atrisburg, PA 17101 Counsel for Plaintitf% COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY W. ALLEN, II, for himself and on behalf of Kataleena Ward, Plaintiffs, V. KIMBERLEE WARD, Defendant NO. 99- 'Civil CIVIL ACTION • PFA PETITION FOR PROTECTION FROM ABUSE I. Plaintiffs name is: Jetty W. Allen, II r a ?7. 13 2. I am filing this petition on behalf of: [ x I Myself and/or [ x j Another Person If you checked -myself , please answer UI questiorut referring to yourself as 'Plaintiff.' If you checked 'another person,' ple"e answer all questions referring to that person as the '?laintiff", and pruvide your address here, unless confidential: If you cnecked 'Another Person,' indicate your relptionship with Plaintiff: ( x I parent of minor Plaintiff 3. Names of ALL person(s), including Plaintiff and minor children, who scek protection from abuse: Jerry W. Allen. 11, Kataleena Ward, and David Jerpe - see 1 12, infra. 4. ( ] Plaintiffs address is confidcniial. or I x I Plaintiff's address is: 253 S. Hill Drive. Crantville, PA 17028 OCT-18-88 11.07 FROM-T8 MALE ESO 10,2778882 PACE 5. Defendant is believed to live at the IbIluwing address: 511 west Cumberland Road, Enola, PA 17025' Defendant's Social Security Nu;nber is; Unknown Defendant's date of birth is: Unknown Defendant's place of employment is: Unknown, but Plaintiff believes and therefore avers that Defendant recently lost or ;crininated her emplovment 6. Indicate relationship between Plaintiffs and Defendant. I I Spouse 7, 1 : Divorce I X I Parent/Child Have Plaintiff and Defendant been involved in any of the following court actions: I x l Custody I X I Support I x I protection frori Abuse If you checked any of the above, briefly indicate when and where the case was filed and the court number, if known: Jerry Allen v. Kimberlee Ward, Cumberland County, p 95-4500 (custody]. Ward v. Allen, Dauphin County (child support]. Jerry W. Allen, 11 for himself and or, behalf of Kataleena Ward, Dauphin County f 4303 S 1999, the history of which is set forth below: On October 12, 1999, plaintiff Filed a petition pursuant to the Protection from Abuse Act, 23 Pa. C.S.A. §§ 6101-6118 ("the Act") in Dauphin County. On October 12, 1999, late in the day, the court entered a temporary protection order, which was served on the requisite police departments, including the Pennsylvania State Police. On the next day, Defendant's counsel Filed an answer to the PFA petition, as a result of which the judge on October 13, 1999 signed defendant's proposed order vacating the temporary protection order. On October 14, 1999, Plaintiff's counsel motioned the court to vacate the October 13 order. Under the clear and express language of the Act, the October 13 order is a nullity because the court lacked authority under the statute to enter it: ' Venue is proper in Cumberland Comity because it is "the county in which defendant can he scrvut." Pa. R.C.P. 1901 (a) (2). 5/20 19-99 11,21a FROM.To MALE E50 to. • "(tlhe (temporaryl order 0iall remain in effect until n o dified or terminated ufter norire rind heartng." 23 P.R. C.S A, 5 6107 (h) (emphasis added). • the court emered the October 13 order wuhuut notice and } earcng, • the court entered the October 13 order er parre, and the Act does not allow (or entry of an er parre order except for a tempo- rary order on petition. On October ii. Plaintiffs counsel :earned that Defendant's counsel represents the judge in the judge's divorce action. Plaintiffs counsel immediately requested the Dauphin County Court Administrator re-assign the case. While that request was pending, Defendant's counsel faxed to the judge a response to Plaintiffs motion to vacate the October 13 order. Defendant's response contains inaccurate and erroneous statements of the PFA law which Plaintiff was not afforded an opportunity to correct.' On October 15, 1999, P!aintiffs counsel received a letter from Defendant's counsel indicating that the judge had denied Plaintiff's 2 Defendant represented that section 6108 (d) allowed the court to "vacate" a protection order at any time upon subsequent petition riled by either party In fact, section 6108 applies to orders entered after notice and hearing, not to temporary orders, which are governed by section 6107. Section 6108 (d) provides that: "A protection order or approved consent agreement shall be for a fixed period of time not to exceed one year. The court may amend its order or agreement at any time upon subsequent petition filed by either party." 23 Pa. C.S.A. § 6108 (d) (emphasis added). It does not provide for vacation of the final order on petition. -Additionally, this section must be read in conjunction with section 6117, which provides in relevant part: "The plaintiff and the defendant may seek modification of an order issued under section 6108 (relating to relief) at any time during the pendency of an order. Modification may he ordered after the filing of a petition for modification, service of the petition and a hearing on the petition." (emphasis added). Defendant alsu claimed that "ex pane temporary orders are permitted only where a hearing 'is continued and no temporary order is issued' upon the filing of a petition,'" citing section 6107 (c). Here again, Defendant misled the court. Section 6107 (c) in fact provides: "if a hearing under subsection (a) is cotninurd and no temprinty ordet is issued, the court may make ex parte temporary urdc:s under subsccuon (h) as it deems necessary." Section 6107 (b), which requires the court to conduct an ex pane proceeding on the filing of a petition, clearly allows for the entry of an ex pane order on petition. In fact, section 6107 (b) is the provision which Plaintiff advked the Dauphin C'rntrtty judge prohibited him from entering the October 13 order. OCT-18-99 11, MALE ESO .2338882 motion to vacate the October 13 order. As of 2:30 pot. on October 15, 1999, the judge had not relinquished the case for re-assignment. Concurrently with the filing of the instant petition, Plaintiff is withdrawing the Dauphin County PFA petition, for reasons entirely unrelated to :he merits of the case. 8. Has the Defendant been involved in any criminal court action? No. If you answered Yes, is the Defendant currently on probation? PACE 9. Plaintiff and Defendant are the parents of the following minor child/ren: Natne(t) Ages who reside at (lis. address unless confidential) Kataleena Ward 4 years 253 S. Hill Dr. Grantville, PA Si I W. Cumberland Rd. Enola, PA 10. If Plaintiff and Defendant are parents of any minor child/ren together, is there an exisung court Order regarding their custody? Yes. If you answered Yes, describe the terms of the Order (e.g., primary, shared, legal and/or physical custody): Order dated 10/10/96 for shared physical custody. Amended 12/14/98 directing therapy. Amended 051;3/99 directing continued therapy and custody evaluation. If you answered Yes, in what county and state was the order issued? Cumberland County, Pennsylvania. If you now are seeking an Order of child custody as part of this petition, list the following information: (a) Where has each child resided during the past five years? Child's NAlnc Person(.) child lived with Katalat'na Ward Plaintiff & family Address, unlem vmr4lcn:ihl 253 S. Hill Dr. Grantville, PA 4 When 4/98 to present 7/20 OCT-te-99 11;08 FROM,T9 MALE ESO YD 21;39B92 PACE 8/20 ?5("?.r/Z0 Defendant Name 312 Seneca St. Harrisburg, PA 511 W. Cumberland Rd. Enola, PA 845 Meadow Lane Camp Hill, PA 5 Adams Road Enola, PA Birth to 4;98 219S to present 96-2198 Birth - 96 (b) List any persons who are known to have or claim to have a right to custody of each child listed above: N/A Address Basis of Claim 11. The following other minor child/ten presently live with Plaintiff: NAmc(s) Age(s) Plaintiff's relationship to child/ren Hanna 11 months Father 12. 'Che facts of the most recent incident of abuse are as follows: is - Approximate Date: 10/11/99 Approximate Time: 7:30 a. m. Place: L. Pax-on rti? Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking, medical treatment sought, and/or calls to law €i enforcement (Attach additional sheets if necessary): In the presence o the minor Plaintiff, Defendant threatened to have Plaintiff and his father-in-law, David Jerpe, killed, and that each "better watch his back". Defendant shoved Plaintiff, and attempted to slap him across the face. A'ss Plaintiff be' _•.ec and therefore avers that Defendaa+ apable of carrying out her N threats against Plaintiff and Mr. Jerpe. She is emotionally unstable and volatile, and has become more so as a result of custody evaluation being conducted by Dcborth L. Salem, WIS. CAC, Director of InnerWorks. Plaintiff believes and 5 OCT-16-99 11.09 FROM.T9 MALE ESQ 10.2336662 PACE 9/20 therefore avers that the evaluator is ready to issue her report, which he believes and therefore avers will recommend a substantial curtailment of Defendant's custody periods. The closer the panics have come to the end of the evaluation process, the more erratic and threatening Defendant has become. In the presence of the minor Plaintiff, Defendant also alleged that she has "proof" that Mr. Jerpe sexually abused the minor Plaintiff during the first weekend of October. When Plaintiff advised that this was impossible because dir. Jerpe was in Texas that weekend, Defendant then accused Plaintiff of the alleged sexual abuse. Defendant has made several such accusations against Mr, Jerpe, all of which have been unfounded, as more particularly set forth in 1 13, Infra. Defendant's continuing allegations of sexual abuse, which the authorities maintain are unfounded, highlight her volatility. Plaintiff reported this incident to the police. The Pennsylvania State Police are investigating. 13. If the Defendant has committed prior acts of abuse against Plaintiff or the minor child/ren, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred (11t! ,EC,U&W Nat, of PIW d WUU(Y): a. in 1999, Defendant alleged, for the second time, that Mr. Jerpe had sexually abused the minor Plaintiff. Both the Pcnnsyl- vania State Police and Dauphin County Children & Youth Services investigated, and determined the allegations were unfounded. b. in October 1998, Defendant accused Mr. lerpe of allegedly sexually abusing the minor Plaintiff. The Pennsylvania State Police and Dauphin County Children & Youth Services investi- gated and determined the allegations were unfounded. C. Defendant has abused the minor Plaintiff as that term is defined in the Child Protective Services Law, codified at 23 Pa. C.S.A. 6 0 6301.6385 (Purdon Stipp. 1999). d. Defendant emotionally abuses the minor Plaintiff by, inter ufia, pLmishing her for telling the try :h, and by coachir., ;:cr to lie, particularly about being hurt by Plaintiff's family members. C. OCT-19-99 11.09 FROM.T9 MALE E90 ID.233seG2 PACE 10/20 14. List :he weapon(s) that Defendant has used or threatened to use against Plaintiff or ;lie minor child/ren: 15. Identify the police depart vent or taw enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: the Pennsylvania State Police Troop H. Additionally, both the East Pennsboro Police Department, where Defendant lives, and the Susquehanna Township Police Department, where IrnerWorks is located, should be screed. 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE. AND PROVIDE THE REQUESTED INFORMATION [ J Plaintiff is asking the court to evict and exclude the Defendant from the following residence: (J owned by (list owners, if known): [ J rented by (list ail names, if known): [ ] Defendant owes a duty of support to Plaintiff and/or the minor child/ren. [) Plaintiff has suffered out-of-pocket financial tosses as a result of the abuse described above. Those losses are: FOR THE REASONS SET FORTH ABOVE. 1 REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING (CHECK ALL FORMS OF RELIEF REQUESTED): ( x J A. Restrain Defendant from abusing, threatening, harassing or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. [ 1 B. Evictlexclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [ 1 t ":goire Dctend'Ant to provide Plaintiff and/or n:....: ;hild/ren Wit;. other surtablc housing. 7 OCT-te-99 11.09 FROM.TB MALE ESQ 10.2226882 PACE 11/20 [ x J D. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Supervised contacts at InnerWorks pending resolution of the custody evaluation and further order of this Court. Dye for McCoy v. ,McCoy, 423 Pa. Super. 334, 621 A.2d 144 (1993) (PFA order has precedence over pre-existing custody order). ( x ] E. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, 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 child/ren. ( x ] F. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. (J G. 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. [ ] H. Order Defendant to pay temporary support for Plaintiff and/or minor child/ren including medical support and ( ) payment of the rent or mortgage on the residence. ( J I. Direct Defendant to. pay Plaintiff for reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. X ] J. Order Defendant to pay the costs of this action, including filing and service fees. ( x ] K. Order Defendant to pay Plaintiffs reasonable attorney's fees. [ ] L. Order the following relief, not listed above: ( x J M. Grant such other relief as the court deems appropriate. ( x ] N. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the desi6nated authority of any audresses, other than Defendant's residence, where Defendant can be served. 3 OCT-18-99 11,09 FROM,TB MALE ESO 10,2778882 VERIFICATION PACE 12/20 1 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 false statements are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. L'ICZ !e W. Alle , II Date: October 18, 1999 >b, t- 'X d'a .... _,' zl"r,Fra Part?"' t9J2Q;rr:. Can- 0 1i Maso ! •( rq :+.'Y17 r (}t;,' ( Ca(;P' f71; f f/ S {fly.; ?? t "? OF (:!,k JERRY W. ALLEN. il, ior,wi rs?ff a. {' tZ^ 7?.^•at, f)f :l tt? nC^it."per?. PENNSYLVANIA r r.L7L NO, PIMP RLEE V/A1? r CPV'a_ A(7, 16N ?r.?. rr.wi?'ii? ?R.`f Pu0 c( rl0ti Rr? ART SE ORDER t)C(Cnd'jnt'; Name Bi, InUnn?,?,n f)e+e~.daW batc ti,f f $,j ni!f Cl`N'i 3 17C.t-nfla^=, ]C/.a.?.i 1Pf ;lfa ?! +iUnin^'f: _ i P ?, ;lnd ^,l:^f}i ...ilr ?'fl}: iCi"t. ?rV. ?.IiC:1• it, i4arriC5 C)f Ail Pro'cClftl person!, CAS{1a?nPIA _. ir7rait•ena ?H.7r1!, C),?v?d tcrp^. altf itCr`;! t?fs /rE'??__ day of 0otXr, If?iU, upon z;on5idefat,6n Of c11Eatta6ed Pcltiti)n tllf P,(7!t:!t. (.J fq)m Alri n. `hn ?b'1r' hr; h}„1`r fntP.fg lliC tC)IInV17t!? ^rT1 jr3ry Order. (z) ()efrndnnl sf+all not abttoe, tlariss sralr or threaten any or, the abdve persons in s all any Place V 11 IC thin !If}(;tll t7?: fU!Intl. ? (?airr.ilanl is + lkaetf Ind c?lutled ow tesidence at (N(W4(-ONj:lf)F flAL Own! l I ?y AUU111?SS i?12!.7h1 Wt{IC I1 f)1 11;?1pnPdt IS 1 Xt;! I1t?Cb) of arty bUler pctmanent or t i??ttpl an lftiitlrn ? hpic Pla.n+il1 to+? N?'c N" 'tiff Ir ptaute'1;+ inlr iiAt till (lie I)MMi0es. inified 'T 1 } Upc,Tt lbt nch e;nnhrt Aith the 0110M child/t n asCQ\T,\c_Trwh Plandtiff $ ItAl al?!;!i1t1 ;1 1?t ril,; l)(l?t',1 . i ?1 t. n?l:tllt 1 i ?ILQhlhllt'll St(}Ot 111V:Ilg r place { ait? , r tct tt 1`la;ntlt! whorl, ` tmrc?* . or . dt t!1', ir, t'o.`n eit',;i?1:, ry• tt '61A OCT-19-98 11.10 FROM.T8 MALE E9O 10.2778882 PACE 14/20 of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: ( x ] 4. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by te!cphone or by any means, including through third persons. ( x ] 5. Pending the outcome of the final hearing in this :natter, P!aintiff is awarded temporary custody of the following minor child/ren: Kataleena Ward. Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Supervised contacts at InnerWorks. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. [ J 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or designated local law enforcement agency for 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 following relief additional relief is granted: [ x ] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pe^.nsboro Township Police Department, and Susquehanna Township Police Department. [ x ] 9. THIS ORDER SUPERSEDES ANY ( x ] PRIOR PFA ORDER AND [ x ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. { x ] 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL RE- MAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFEIV )ANT 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 51,000.00 and/or up to six months in jail. 23 Pa.C.S. § 6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of app.., riate court papcis t..: :fiat purpose. 23 Pa. C.S. ?y 6::1 Defen?'ui.l is further nviined that violation of this Order may subject him/her to stale 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. 2 OCT-19-99 11.10 FROM-TO MALE EEO ID.2336862 PACE 15/20 This Order may be considered in any subsequent proceedings under Title 23, inc:uding child custody proceedings. 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 Act, 18 U.S.C. §2265. If you travel outside of the states and intentionally violate this Order, you may be subject to Federal criminal proceedings under that Act. 18 U.S.C. §§ 2261.2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be without warrant, based solely 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 Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until farther 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. If sufficient grounds for violation of this Order are alleged, the Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT: /v/. 2G a,> lc?C TRUE COPY FROM REWRD to Testhttony wt reof, :Nero *Mo stet my Marto and itfe seal said Court nt CarttsU, itrJ ? cy'C-? f 1? ft6ftnowy 4 ' Vr;kYx? , tg .k+at Y EXHIBIT ..8.. THERESA BARRETr MALE COIIWIIO" AT LAW 115 r?l s1kill TOLNESA BAIAIII MALL HAAMW1W.. NN TIVAMA 17101 (717) 233.3220 SIIsm C. Amur r" (717) 233-6862 PAAALICAL October 15, 1999 Carolyn Thompson, Esquire Deputy Court Administrator Dauphin County Courthouse Front and Market Streets Harrisburg, PA 17101 Re: Allen v. Ward (PFA 114303 S 1999) Dear Carolyn: Late yesterday afternoon, I requested that the above-referenced PFA case be re-assigned from Judge Evans to anotherjurist because I had just learned that John Connelly, the defendant's counsel, also represents Judge Evans in his divorce action. According to the message I received today from my paralegal, you informed her this morning that Judge Evans wants to discuss this with you. As a result, the case has not been re-assigned as yet. I am directing this letter to you, with a copy to opposing counsel, so that there is no misunderstanding as to my position. The case must be re-assigned. 2. The Temporary Order entered October 12, 1999 must be reinstated. This is not a matter of discretion. Rather, by statute, once the temporary protection order issues, the court has no authority to modify or terminate the temporary order until the case is heard: "The order shall remain in effect until modified or terminated after notice and hearing." 23 Pa. C.S. A. § 6107 (b) (emphasis added). 3. The October 13, 1999 order must be vacated. This is not discretionary. Under the clear, express, and unambigous provisions of the Protection from Abuse Act, 23 Pa. C.S.A. §§ 6101-6118, the court lacks authority to enter an order on answer of the defendant, which is what occurred here. The court lacks authority to enter any a pane relief other than temporary orders pursuant to section 6107. The court cannot modify or terminate the temporary protection order absent a hearing. The issues addressed in paragraphs 2 and 3 are more particularly set forth in the motion to % ,-fine the Oclober I I order, which I filed that date. If l need to Fill- a recusal motion nn the other issue, please advise. Carolyn Thompson, Esq. Page 2 October 15, 1999 Although 1 am still on medical leave, I am available if necessary. Sincerely, {?. " f/7'; Theresa Barrett Male TBM/sca cc: Jo n jLCpnneRy; E_Kyice a Far - Hard Copy to Follow Wa Far - Hard Copy to Follow EXHIBIT "C" yatrs Stom i R.wciN & CO cmiy LLP VIA FACSIMILE (717)255-2805 Carolyn Thompson, Esquire Deputy Court Administrator Dauphin County Courthouse Front and Market Streets Harrisburg, PA 17101 Re: Allen v. Ward Dear Carolyn: October 15, 1999 I was completely unaware that you were contacted by Theresa Male yesterday, nor did she inform me that she was objecting to Judge Evan's involvement in this case because of my representation of Judge Evan's in his divorce action. I did not select Judge Evans and had no option but to file the petition with him, because the Order was signed by him. I have no objection to this matter being reassigned, however, I do have an objection to the way Theresa Male had handled this in an ex parte fashion knowing f il) well I was in the case and custody was a significant issue pending in Cumberland County with the conciliation to be held on October 22, 1999. I will address, point by point, the issues in her October 15, 1999, letter to you. 1. I had no idea that Judge Evans was contacted by anyone regarding reassigning the case, nor was I aware that he wanted to discuss the matter with you directly. All of the information in Theresa Male's October 15, 1999, letter is news to me. 2. In the answer filed to her motion to vacate, my legal position is clear. I disagree with h:, on these I:;,.,1 issues. 3. My response to this paragraph in her letter is the same. Nowhere in the statute are the issues she raised specifically addressed. The only ex pane communication with the court was done by her in her initial filing, knowing I was involved in the custody action in Cumberland County. The Order signed by the Judge vacating the initial PFA Order was done with notice to her and an opportunity to oppose it. Nothing in the • :?Eh?E V: ;Cnc55 !Z-AG CFC Ili :.EST S7 Maoo g__nC. v: . John J. Connelly, Jr. horCjTdleo.com M ',AEU l CgYEM4L LAW crm 4TGATTON cnroncn' WaWTS EwCAr cn TAW EIILa"MIT LAW ESTATE RMwMO FA,R1 4W 00~C1 LAW wn VS4 AAPPC S am ETATE "M1 S ESTATE ApNr7TTUTgN October 15, 1999 Page 2 of 2 statute provides that the court cannot modify or terminate the temporary protection order, in fact, there is speci fic language addressing this issue. This petition was filed to secure an unfair advantage in the pending custody action and frankly the initial PFA petition should never have been granted until a full hearing on the matter was heard. The Custody order of the Cumberland County Court should be reinstated pending a hearing on the PFA filed by Ms. Male. Inspite of repeated telephone calls to her office to discuss this matter, I have received only new motions or correspondence directed to the court or you. I believe Judge Evans took the appropriate action in vacating the PFA Order. A hearing must still be held, however, the order granted pursuant to my petition to vacate should remain in place since there was no factual foundation to grant the original PFA Order. At the time this court hears the matter this issue can be decided. I would appreciate if you would contact me after you receive this correspondence to update me on the status of this matter, since there has been apparently a flurry of activity, of which I am unaware, inspite of requests of Ms. Male's office for a status update from her view point. Veryy yours, Jr. JJC:has y. ? r `. , - JERRY ALLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 95-4500 CIVIL TERM KIMBERLEE WARD, Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, October 10, 1996, the parties having appeared for hearing with their respective counsel, P. Richard Wagner, Esquire, for the Plaintiff, and Ellen Adler, Esquire, for the Defendant, the parties do hereby agree that the parties shall have shared legal custody of their daughter, Kataleena, bom March 7, 1995, with the following physical custody schedule: 1. Commencing Monday, October 14, 1996, at 7:00 a.m., until Wednesday, October 16, at 7:00 a.m. with Father. 2. Commencing Wednesday, October 16, 1996, at 7:00 a.m., until Friday, bctober 18, at 7:00 a.m., with Mother. 3. Commencing Friday, October 18, at 7:00 a.m., until Monday, October 21, at 7:00 a.m., with Father. 4. Thereafter, each week shall be scheduled so that the above periods will be alternated between Mother and Father on a rotating basis. 5. The custodial parent, or the designee, shall be responsible fnr transportation. 6. The custodial parent shall be responsible for a caretaker during that parent's period of custody-, the caretaker shall be a member of a parent's immediate family or regular babysitter. In the event the immediate family member or regular babysilter is not available, the non-custodial parent shall be given the option of caretaking during that period. 7. During the even-numbered years Mother shall have Thanksgiving and Easter from 2:00 p.m. until 8:00 p.m. on that holiday. Father shalt have the period from 8:00 a.m. until 2:00 p.m. on each of those holidays in the even-numbered years. In the odd-numbered years, Mother shall have the 8:00 a.m. to 2:00 P.M. period of time and Father, the 2:00 P.M. to 8:00 p.m. period. 8. During the Christmas holiday, Mother shall have from December 24 at 2:00 p.m. to December 25 at 2:00 P.M. In the odd-numbered years, and December 25 at 2:00 p.m. until December 26 at 2:00 p.m. in the even-numbered years. Father shall have from December 24 at 2:00 p.m. to December 25 at 2:00 p.m. In the even-numbered years, and December 25 to December 26 in the odd-numbered years. 9. Mother's Day shall always be with Mother and Fathers Day with Father from 7:00 a.m. to 7:00 p.m. 10. The parties shall altemate Memorial Day, July 4, and Labor Day, with Father having Memorial Day and Labor n-ny in odd numbered years, and Mother having July 4 in odd-numbered years. This shall be alternated in even-numbered t years. The period shall be from 7:00 a.m. to 7:00 p.m. 11. Each party shall enjoy one week of uninterrupted vacation with the child upon thirty days' written notice and telephone notice, provided the one-week does not fall on a major holiday. 12. The parties agree that they shall participate on a weekly conciliatory basis with each party's designated clergy on an alternating schedule. 13. Both parties are hereby directed by the Court to participate in reasonable and meaningful communication with each other as it relates to their child, Kataleena, and neither shall adopt any course of action that shall interfere with the relationship with their child. 14. The parties agree to make every effort to accommodate special events in the child's life by altering the schedule where necessary. 15. The parties agree that they shall inform the non-custodial parent with reasonable advance notice in the event that they plan to leave the area with the child. J. P. Richard Wagner, Esquire For the Plaintiff Ellen Adler, Esquire For the Defendant By the Court, JERRY W. ALLEN, 11, for himself and on behalf of Kataleena Ward, Plaintiffs V. KIMBERLEE WARD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6318 : CIVIL ACTION -LAW : PROTECTION FROM ABUSE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorney for the Defendant, Kimbcrlec Ward, hereby certify that I have served a copy of the foregoing Response to Protection from Abuse Petition on the following on the date and in the manner indicated below: VIA FACSIMILE (7171233-6862 AND U.S MAIL. FIRST CLASS. PRE-PAID Theresa Barrett Male, Esquire 11 S Pine Street Harrisburg, PA 17101 JAMES, SMITH, DURIN & CONNELLY DATE: 16 -I 9- t1 q Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 JERRY W. ALLEN, II, for himself and on behalf of Kataleena Ward, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLEE WARD, DEFENDANT : 99-6318 CIVIL TERM ORDER AF COURT AND NOW, this -?_day of October, 1999, following a hearing on the merits, the petition of Jerry W. Allen, II, for himself and on behalf of Kataleena Ward for the entry of a protection from abuse order, IS DISMISSED. The temporary protection from abuse order entered on October 18, 1999, IS VACATED. The parties shall Immediately revert to the conditions of the existing custody order regarding Kataleena Ward. By the Court, Theresa Barrett Male, Esquire For Jerry W. Allen, II John J. Connelly, Jr., Esquire For Kimberlee Ward :sea .CoPAA.w mia&ol io-,ii •v9 Rlx 14101 7 4VL,fa P9 P FlLFI ? t ??)TAAY OF TI',G "` 99 OCT 21 hii 9: t,2 r PEN JSYuVMA rr; M1i . r S b SHERIFF'S RETURN - REGULAR CASE NO: 1999-06318 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLEN JERRY W II ET AL VS. WARD KIMBERLEE HAROLD WEARY , sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon WARD KIMBERLEE the defendant, at 19:20 HOURS, on the 18th day of October , 1999 at 511 WEST CUMBERLAND ROAD ENOLA, PA 17025 CUMBERLAND , County, Pennsylvania, by handing to KIMBERLEE WARD a true and attested copy of the PROTECTION FROM ABUSE , together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION , and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers Docketing 18.00 Service 8.06 Affidavit .00Z Surcharge 8.00 K. nom as KTIn'e, IMLI&E $J4.Ub10/19/1999 by Sworn and subscribed to before me this 9° day of u,. 19 g A.D. LCAl