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HomeMy WebLinkAbout03-5991KENNETH R. BUNNELL, Plaintiff TANIA D. BUNNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO.~9~/al! CIVIL TERM COMPLAINT FOR CUSTODY ~! ¢" "r~ ~.; The plaintiff, Kenneth R. Burmell, by his attorneys, the Family Law Chmc, ~t,s fortkthe ~-" '-ronowmgaction: ~-'4 :"~ 1. The plaintiff is Kenneth R. Bunnell (hereinafter "Father"), residing at 4 West Main St., Apt.#3, Walnut Bottom, Cumberland County, Pennsylvania, 17266. 2. The defendant is Tania D. Bunnell (hereinafter "Mother"), residing at 8 Dorsey Lane, Morgantown, Monongalia County, West Virginia, 26501. 3. Plaintiff seeks shared legal and primary physical custody of the following children: Name Present Residence Date of Birth Americus Bunnell 8 Dorsey Lane, Morgantown, Monongalia County, West Virginia, 26501. 06/15/02 The child was not bom out of wedlock. The child is presently in the custody of Mother, who resides at 8 Dorsey Lane, Morgantown, Monongalia County, West Virginia, 26501. During the past five years, child has resided with the following persons and at thc following addresses: Persons Tania D. Bunncll Ann Cummings Steve Cummings Address Dates 8 Dorsey Lane, 11/7/03-Present Morgantown, Monongalia County, West Virginia, 26501 Kenneth R. Bunnell Kenneth R. Bunnell Tania D. Bunnell 4 West Main St., Apt.#3 Walnut Bottom, PA 17266 4 West Main St., Apt.#3 Walnut Bottom, PA 17266 09/15/03-11/7/03 09/15/03 - 11/7/03 09/15/03 - 10/31/03 Kenneth R. Bunnell Tania D. Bunnell Kenneth R. Bunnell Tania iD. Bunnell #1 Rimer Gardens Route 11 Shippensburg, Cumberland County, PA 17257 #7 Ritner Gardens Route I 1, Shippensburg, Cumberland County, PA 17257 12/02-09/15/03 12/01-12/02 The mother of the child is Tania D. Bunnell, currently residing at 8 Dorsey Lane, Morgm~town, Monongalia County, West Virginia, 26501. She is rnarried. The father of the child is Kenneth R. Bunnell, currently residing at 4 West Main St., Apt#3, Walnut Bottom, Cumberland County, Pennsylvania 17266. He is married. The relationship of the plaintiffto the child is that of Father. He resides with the following persons: Name Relationship None The relationship of the defendant to the child is that of Mother. She currently resides with the following persons: Name Americus Bunnell Ann Cummings Steve Cummings Relationshil~ Daughter Mother Stepfather Mother brought a Domestic Violence Emergency Protective Action in the Magistrate/Family Court of Monongalia County, West Virginia, under Family Court Civil Action number 03-DV-524, Magistrate Court Case Number 03D-565 (see "Exhibit A" attached). Although the child lived in Pennsylvania with Father, a temporary order was issued in West Virginia on November 3, 2003, granting Mother temporary custody of the child (see "Exhibit B" attached). This Order granted Father supervised visitation only. To Comply with the West Virginia Order, Father delivered the child to Mother on November 7, 2003. A hearing on the Emergency Protective Order is scheduled for November 20, 2003 at 11:00am in Morgantown, West Virginia (see "Exhibit C" attached). Father does not know ora person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation fights with respect to the child. The best interests and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to, those set forth below: a). Father has been and is able to provide a nurmfing and loving environment for the child while also providing for her physical, emotional and educational needs; b). While the parties lived together, Father was the child's primary caretaker. When Mother moved from the marital residence on October 31, 2003, ][rather continued to care tbr the child until November 7, 2003, when he delivered the child to Mother to comply with the November 3, 2003 West Virginia Order of Court. c). Father is the parent that can best facilitate a relationship between the child and the other parent. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Father requests the Court grant him shared legal custody and primary physical custody over the child, allowing Mother partial custody only after Mother demonstrates that she has obtained stable housing situated within the Commonwealth of Permsylvania. Date: TRACIE N. WESNER Certified Legal Intern · y ROBERT E. RAINS ANNE MACDONALD'FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 717/243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Kenneth R. Bunnell, Plaintiff CIVIL CASE INFORMATION STATEMENT DOiHESTIC VIOLENCE CASES IN - MAGISIRAIE/IAMILY COURT OF TIlE ...... ? ~ , Monongalia COUNTY, WEST VIRGINIA CASE STYLE: IN RE TIlE DOMESTIC VIOLENCE (~IVIL I'ItOCEEDING OF: Falnily Court Civil Action No.: _ PETITIONER (person filling out this £orm) First ... Middle Street . City Slate Zip Phone Numbei: (;; D Race Qzt 0fsfYo \,\ Last IDOl3 , Social Security // . ] 1 l'~amily Court Judge Please Iteep my adth'ess and lite addresses.of o et' protected imrsml$ confidential because I fear for my/their safety. [] I do not want my order in the National l)omestic Violence Registry. (Checking this box may hinder e~tforceHlent of a protective order) [] Weal)on(s) present on Respondent's ln'opcrty [] Weal)ons illvolved and RES10NDLN [ (person you are filing petition against) First ,. Middlk Last Street City State Zip pho.e N..nb~,: ( ) /I IN CASES INVOLVING DOMESTIC VIOLENCE, Respondent's information llliiSt be listed here: (Failure to list certain inforlnation may preveut your protectiye order fl'Onl being listed Dn the national Domestic Violence Registry) RESPONDENT II)I~NTIIrIILRS SEX RACE DOB liT [ WT EYES IlAIR SOCIAL SECURITY V - ._> DRIVERS LICENSE~ STATE [ YE. OFEXP. I)ISTINGUISIIING FEATURES [ Do you or any of your clients or witnesses in this case require special accommodations due to 0 Yes ~ No disability? If Yes, Please Specify: [] Wheelchair accessible hearing room and other fimilities [] lnterl)retcr or other aid for the hearing impaired [] P, eader or other aid for the visually inlpaired O Spokesperson or other aid for the speech impaired O Other ~ l'roceeding Without an Attorney [:3 I have an attorney (fill in below) Firm: Address:_ Telephone: Representing: [] Petitioner ID Respondent Dated: EXHIBIT Signature MAGISTRATE COURT OF ~lonong'Mia First Middle Last Petitioner Law Enforcement Completed Service Verificatioa on Page 5 F-I Yes [~ No COUNTY, WEST YI2RG'INIA tMiddle L~t Respondent e co. ¢ _ E~ib' Cou~ Civil Action No. DOMESTIC VIOLENCE PETITION I hereby request that the court issue an order to protect me and/or children and/or physically or mentally [ncapaci ated family or house lo d member(s) named herein from family violence or abuse, pursuant to W.Va.' Code §§ 48-27-304 &:A03. Respondent and person(s) for whom protection is sought are family or household members [W.Va. Code § 48-27- :204] because they (cheek all the boxes that apply): .~ are or were married to each other are or were living together as spouses are or were sexual or intimate parmer~ are dating or used to date (a casual acquaintance or ordinary fraternization in a business or social context does not establish a datifig relationship) [] are or were residing together in the same household ~k have a child in common, regardless of whether they have ever married or lived together; [] have the following relationships (check all boxes that apply): Ut parent [] daughter-in-law or son-in-law [] step-parent [] step-daughter-in-law or step-son-in-law D brother or sister Ut grandparent [] half-brother or half-sister Ut step-grandparent [] step-brother or step-sister Ut aunt, aunt-in-law, step-aunt D father-in-law or mother-in-law Ut uncle, uncle-in-law, step-uncle [] step-father-!n-law or step-mother-ln4aw [] nlece or nephew UI child or step-child [] first or second cousin NOTICE GIVEN TO RESPONDENT (initial one): I attempted to notify Respondent of this PETITION as follows: I did not attempt to notify Respondent of this PETITION because I fear for my safety and/or ' FACTS ABOUT TH]g DOMESTIC VIOLENCE OR ABUSE (initial each item that applies and insert informaffon as , requested if doing so win not endaugeryou and those for whom you seek protection): I a.~,~-) l have been abused or threatened wldl abuse by Respondent. [ SCA-DY-M-1201-1 / 04-22..02 ORIGINAL RESPONDENT- COPY PETITIONER - COPY RETURN - COPY __ Physically or mentally incapacitated family or housebold n~embers have been abused or threatened with abuse by P, espondent. Lisl hume(s) and add ress, if address di ftkrent fx om Petitioner's:lDo NOT LIST ADDRESS IF YOU FEAII FOR TIIE $,\FFdI'Y OF IINCAPACITATED FAhIILY Og IIOUSEIIOLD ME',tilERS) Nun,c(s): Adch ess(es): Minor children have been abused or lhreatened with abuse by Respondent. List names, ugcs, and address. if address different from Petitioner's, and relationship to Plaintiff and Respondent: CHILD'S NAME AGE ADDRESS P, ELATIONStlIP RELATIONSHIP (If difFereot Ihan Petitioner's) TO TO PETITIONER RESPONDENT PLEASE LIST ADDITIONAL CIIILDREN ON A SEI'ARATE PAGE During tile last five years, If any of the cbildrea have lived at addresses other than their current address, use the space below to list where they lived, and for bow long. If there is not enough l'OOllt itt the si;ace below, use an additional sheet of paper. I bare attnchetl -- additional sheet(s). Child's Name Former Addresses Dales of Residence SCA-DV-M-1201-2/ 12-13 01 ORIGINAL RESPONDENT - COPY PETITIONER - COPY RETURN - COPY Family Court Civil Action No,: ANSWER THE FOLLOWING QUESTIONS: Have you been a party, a wimess, or are you aware of any other court proceeding, in any state, concerning the custody of the minor children listed above? Are you aware of any persons other than you or the Respondent in this case who has custody, claims any custodial right, concerning the 'minor children listed above? Is a divorce pending? If yes, County , State of Is a temporary divorce order in effect at the time of this Petition? Is a separate domestic violence order in effect7 If yes, County State of IPlease I I am currently living temporarily or permanently in '~{7'<,C5"",~O.O,~,'\Q.D. County, Fill In Stateof "k~ · . ~ Please Fill In ~ The Respondent is currently living temporarily or permanently in ~C~ounty, The abuse or threats of abuse occurred on or about , or Describe the abuse or threats of abuse that led you to file this PETITION. (Ch,ck this bar . I request that the mag~* ~ourt~%~ss~erg~ncy protective order, and request that the family court judge issue a (check one) ~ 90-day OR 180-day domestic violence protective order after a ~II hearing is held on my petition. ORIGINAL RESPONDENT - COPY PETITIONER - COPY RETURN - COPY IVIANDATORY ILELIEF: !understaod that ill am granted an emergency protective order, tim magistrmc will issue ~ollow~ng mandatory relief: Direct Respondent to refrain from abnsing, harassing, stnlking~ fl~rentening, intimidating or engaging in other conducl tlmt places me mid/or lhe other person(s) umned in /his PETITION in fear of bodily injury. [uForlll Respondent that having any firearms or nmmunition while a protective order is in effect illfly be a fedecal offense for which a person who is convicted may be imprisoned for up to I0 years. PEI~IISSIVE I~LIEF: 1 understand that the magistrate may grant the following additional relief, if I ask for.it. (check all that you are requesting) 1. x/ Direct Respondent to refrain from telephouing, conlacting, communicating with, barassing, or verbally abusing Direct Respondent to refrain from entering any school, business, or place of employment for the purpose of 9iolating any requirement of a protective order. 3. Grant me temporary possession of die residence or household that Respondent and I lived io at the time the above occurred. ~ (check if requester0 I give my conseot for any law enforcement officer to enter my residence or household that Respondeot and I shared at the thne the acts of domestic violence occurred I~r the purpose of enforcing a protective order. 4. -~ Address: ~ Arrange Ibr me to get persooal items or property from (list the itc,ts attd address gf where the property is located): ~( ' ' ~ q . ) 'rauoements are ordered, I request that a law-enforcement officer acco~npany me w' hen I ao to get the property. / 5. ~ Require Respondeat to participate hi a treatment program for domestic violence. 6. Petitioner and Respondent shall refrain from transferring, conveying, alienating, encumbering or otherwise dealing ;vith real or personal property which could be subject to court action. ~"' Require Respondent to pay nrc temporary support and nlaintenance in die amount o~'~ per __ Order Respondent to reimburse me for medical, transportation, sbeher, or other costs incurred as a result of the domestic violence I bare described in this PETITION: Grant me te!nporary custody of (list names of children, if any): [Note to l'etitioner: A magistrate does not have authority to make a custody determination if lite paternity of a child is itl qucstiou or otherwise bas not been establisbed by law, The issne orpaternity would ueed to be taken np with the family court.] ORIGINAL RESPONDENT - COPY PETITIONER - COPY RETURN - COPY 10. blagistrate Court Case No.: Family Court Civil Action No.: --. If I am granted custody (check only one box): ~1 Do not grant Respondent visitation. OR Or .t on,y supe,'v sed v si a.on. V . ta.on wi,, be superv .ed who is %~t~[~5 (explain relationship) ~ Grant wsitation with the following limitations: Domestic Violence Pethiun- 11. X, If I am granted custody, require Respondent to pay temporary support and maintenance for the child(ten) in the amon,t of * Id)© pe~ month in the following manner ' AFFIDAVIT STATE OF WEST VIRGINIA 1, ~ --I~ //~ , on oath or affirmation, say that I am the Petitioner named in this PETITION and that the facm contained herein are true, except that where they are stated to be on information and belief, I believe them to be true. ~ Petitioner Signhture Taken, s~bscribed, and sworn or affirmed hero. me d, is~dayof ~ 20 O~ Notary ~blLIMagistratclAaahtant/Maglstrat~ CI~R My commission expires on ] 2/3]/04 I1 For cou~useonly:~Petitiongranted~metitiondenied [[ SERVICE BY LAW ENFORCEMENT Served on Respondent by , at · (Date) in County, W.Va., on am/pm. (Time) (Return of Service to Circuit Clerk) NOTICES TO PETITIONER: IF YOU CANNOT AFFORD THE COSTS OF THESE PROCEEDINGS, YOU MAY FILE A FINANCIAL AFFIDAVIT. IF YOU~ PETITION IS DENIED, YOU HAVE THE RIGHT TO FILE ANAPPEAL AT THE CIRCUIT CLERK'S OFFICE USING THE FORM(SCA-DV-FC/M-1210). THIS MUST BE FILED WITHIN 5 DAYS OF THE DENIAL. SCA-DV-M-120I-5 / 12-13-01 ORIGINAL RESPONDENT-COPY PETITIONER-COPY RETURN-COPY · Order of Protection No. ~k. Emergency [] DV Protective Order [] Modified Order [] TEPO [] Other Family Court Order Family Court [ Civil Action No. County of IH:Iq:lxVALIA I State Issuance I'ETITIONER . ..._..~-' First Middle Last PETITIONER IDENTIFIERS Date of Birtl~ of Petitioner And/or on behalf oftninor family member(s) or other protected persons: (list name aod DOB) V. RESPONDENT RESPONDENT IDENTIFIERS First Middle Last ~ ¢ fitlZ[ l q' XX I IRO STATE YR. OF EXP. CAUTION: [] Weapoa Involved [] Weapon Present on [] Consent to Enter Respondent's Property THE COURT HEREBY FINDS: That it has jurisdiction over the parties and gubject matter, Respondent will be provided with reasonable notice and opportunity to be heard. Additional findings of this order are as set forth below. SCA-DV-FC/M- 1203 / 07-10-02 ,THE COURT HEREBY ORDERS: That the above named Respondent be restrained from committing further acts of abuse or threats of abuse. That the above named Respondent be restrained from any contact with the Petitioner/Plaintiff. Additional terms of this order are as set forth on the attached page(s). The terms of this order shall be effective until [ WARNINGS TO RESPONDENT: This order shall be enforced In any county of West Virginia aod by the courts of any state, District of Columbia, any U.S. Territory, and may be enforced by Tribal Lands (18 U.S.C. Section 2265). This order does not have to registered to be enforced. Crossing state, territorial, or tribal boundaries to violate this order may result ia federal hnprisoomeot (18 U.S.C. Seetton 2262). State and federal law provides penalties for possessing~ transporting, shlpplng, or receiving any firearm or ammunition (18 U.S.C. Section 922 (g) (8); W.Va. Code § 61 -7-7). Only the Circuit Court or Family Court can change tlfi~ order. EXHIBIT ., IN THE M)~GISTRATE/FAMILY COURT OF MONONGALIA COUNTY, WEST VIRGINIA Middle . Last Petitioner IN THE MATTER OF: ~-~)--~ll~t First Law Enforoelilent Completed Service Verification on Page 4 __ Yes __ No First Middle Last Respondent Family Court Civil Action No. DOMESTIC VIOLENCE EMERGENCY PROTECTIVE ORDER On the ~ff/~ day of ~0JJ , Petitioner filed with this COUl-t a PETITION, p'ursu.a~nt to W.Va. Code 48-27-403, alleging abuse 6r ~an~e~' of abuse by Respondent and requesting this court grant appropriate relief. The court, on the basis of all of the evidence presented, finds as follows: A. That this court has jurisdictioo and veuue to bear the PETITION; B. That Petitioner and Respondent are fnmily or household members, as defined in W.Va. Code 48-27-204; and C. Petitioner has proven the allegations of domestic violeaee or abuse by clear and conviucing evidence of immediate and present danger o[ abuse, and is entitled to mandatory relief as provided by W.Va. Code 48-2%502, .D. (Initial if applicable) That Petitioner has proven by clear and convincing evidence the need for the permissive relief granted in this ORDER as provided by W.Va. Code 48-27-503. The court makes the following findings of fact which support the conclusions stated in section C & D: It is therefore ORDERED that on the ~'ff~ daY0f~/~ff'~.,~ ,2003at /~// p .In., a final hearing on the PETITION shall be held, as provided in W.Va. Code 48-27-403, before J. Cul~e~er, · Judge in Monougalia , County at 271 Soruce Street, Morgantown, WV 26~05 County Address (salale) (304) 285-3228 (304) 285-3161 P,hysica[ Location Phone Fax Respond~t shall have the right to be present at the hearing and to be represented by counsel at his/her expense. MANDATORY RELIEF: It is ORDERED tlmt Respondent shall reft'sin fi'om abusiog, harassing, stalkiog, threatening, intimidating or engaging in conduct that places Petitioner aud/or the followiug child(tee) and/or incapacitated person(s) in reasonable fear of bodily injury (insert the frill tram es of s!tch persons): ORIGINAL RESPONDENT - C~)PY PETITIONER - COPY RETURN - COPY LAW ENFORCEMENT - 3 COPIES DOMESTIC VIOLENCE EMERGENCY PROTECTIVE ORDER- Page 2 of 4 M~gistrat~ Court Cas~ No. For purposes of this order abuse includes: 1) attemptirtg to cause or iutentionally, knowingly or recklessly causing physical harm to another with or without dangerous or deadly weapons; 2) placing anotber in reasonable apprehension of physical harm; 3) creating fear of physical harm by harassment, psychological abuse or threatening acts; 4) committing either sexual assault or sexual abuse (as defined in 61-8B-i et seq. and 61-8D-1 et seq.); and 5) holding, confining, detaining or abducting another person against that person's will. According to W. Va. Curie 48-27-502(b), the respondent shall not possess any firearms (even those for whicb tile respondent has a license to possess) or anuuunition while this protective order is in effect. Plgl~.MISSIVE I),ELIEF: The following ite~ns iuitialed by d,.e magistrate are further ORDEILED: 1 ~...~) Respondent shall refrain fi'om coutacting, telephoning, communicating with, harassing, or verbally abusing Petitioner. 2(~.~ Respondent shall refrain fi-om entering any school, business, or place of employment of Petitioner or other person ~..~nanred herein for the pnrpose of violating tbls ORDEI)... 3. <~ Petitioner is awarded temporary possession of the residence or bousehold jointly resided ill by Ibe parties at the time tile ahuse occurred whicb is located at (address & directions) Respondent shall leave tile premises immediately on receipt of this OIH)EI), and shall not re-enter while ibis OI).DER renlabls in effect. Petitioner gives consent lbr any law entbreement officer to enter his/ber resideuce or housebold witboot a warrant to  enforce the emergency protective order as provided in W. Va. Code 48-27-601. 4.,</' Tl~e following arrangements fox' obtaiuiog keys, personal property or items are hereby ordered: Party Name Description aud Location of Item/ Property and Time/Manner ill wbich belongings are to be obtained (magistrate to initial if so ordered) 5. <~iespondent shall participate ill a treatment program for domestic violence as follows: Petit[deer and Respondent shall refraiu from transferriug, conveying, alienating, encmnbering or otherwise dealing with real or persoual proper~'.y which could be subject to court actiou. Respondent shall pay Petitioner temporary support and maintenance in the amount of $ _ per month, begiiming on to be paid as follows: SCA-DV-FC/M-1204-g/ 12-13-01 ORIGINAL RESPONDENT- COPY PETITIONER - COPY RETURN - COPY LAW ENFORCEMENT ~ 3 COPIES DOMESTIC VIOLENCE EMERGENCY PROT,~CTIVE ?RD.~ER - Page 3 or 4 Family Court Civil Actiou No. 8. ~ Respondent shall reimburse Petitioner for medical $ , lransporlation $ shelter $ , and/or other expenses $ _ related to the acts of domestic violence described in the PETITION which have been proven by clear and convincing evidence: 9.~'~{...I..) .~[_00~l~titioner ___ Responde,,t (check one if granted) shall receive lenlporary custody of (list ,tames of 10. , ,,.-/'~ubject to the provisions of W. Va. Code 48-27-509, this conrt finds that adequate provision roi' tile safety Of ole child or children and Petitioner can be made dm'ing visitation becanse nnd therefore grants visitation to __ Petitioner __ Respoudent (cheek one if granted) witb the following children The specific terms and conditions of visitation as set fortb by this court are: I 1. Tile eon-custodial parent shall pay 111¢ custodial parent temporm'y support and maintenauce fol' tile child(ten) in the amonnt of $ per mootb, beginning on to be paid as follows: 12. ~' OTHER as allowed by W. Va. Code 48-27-403: A copy of lids ORI)ER shall be served upon tile pm'lies; COllies of tills ORDER shall be transmitted no laler than tile next business day to any law-enforcement agency baying jurisdiction to enforce this ORDER, including the county slieriff, the local office of the state police, and any municipal police force, to be placed in a confidential file by snch law enforcelnent agencies pursuant to W. Va. Code 48-27-403(b) and subject to W. Va. Code 48-27-60t. Magistrate / Family ~mt Judge c NOTICES TO RESPONDENT: * VIOLATION OF TI-IIS ORDER iVlAY BE PUNISHED BY CONFINEMENT IN A P. EGIONAL OR COUNTY JAIL FOR AS LONG AS ONE YEAP. AND BY A FINE OF AS MUCtt AS $2000. POSSESSING A FIREARM WIIlLE TillS PROTECTIVE ORDER IS IN EFFECT MAY BE A CRIMINAL O1;FENSE UNDER W. Va. (.'ODE 6l-7-7. SCA-DV-ItC/M-1204-3/ 1243-01 ORIGINAL RESPONDENT - COPY pETITIONER - COPY EE'FURN-COPY LAW ENFORCEMENT - 3 COl'lES DOMESTIC VIOLENCE EMERGENCY PROTECTIVE ORDER -~-Page Magistrate Court Case No. / Family Court Civil Action No. NOTICES TO RESPONDENT: * POSSESSING A FIREARM OF, AMMUNITION WHILE Tills PROTECTIVE ORDER IS IN EFFECT MAY BE A CRIMINAL. OFFENSE UNDER FEDERAL LAW. * VIOLATION OF Tills ORDER IS A CIVIL CONTEMFT OF COURT AND MAY RESULT IN AN ORDER TO POST BOND. 4 oF4 NOTICES 'FO PETITIONER AND RESPONDENT: * PETITIONER'S FAILURE TO APPEAR MAY RESULT IN A DISMISSAL OF THE PETITION AND THE RESPONDENT'S FA1LURE TO APPEAR MAY RESULT IN THE ENTRY OF A PROTECTIVE ORDER AGAINST HIM OR HER FOR A PERIOD OF NINETY OR ONE HUNDRED EIGHTY DAYS, AS DETERMINED BY THE COUF. T. * THIS EMERGENCY PROTECTIVE ORDER IS EFFECTIVE UNTIL MODIFIED BY ORDER OF THE FAMILY COURT UPON HEARING. * IF A DIVORCE PETITION IS FILED AFTER TI-IIS PROTECTIVE ORDER IS ISSUED, A NOTICE AND A CERTIE1ED COPY OF THE PETITION SHOULD BE FILED WITH CIRCUIT CLERK. THIS NEEDS TO BE DONE SO TI1AT LAW-ENFORCEMENT AGENCIES KNOW THE ORDER REMAINS IN EFFECT UNTIL A TEMPORAItY ORDER IS ENTERED IN THE DIVORCE PROCEEDING, WItlCH MAY BE BEYOND TIlE DATE STATED IN THIS PROTECTIVE ORDER. DURING TIlE TERM OF TItIS ORDEF., IT IS IN FULL FORCE AND EFFECT IN EVERY COUNTY IN THIS STATE AND IS SUBJECT TO FULL FAITH AND CREDIT IN EVERY OTHER STATE, TERRITORY, POSSESSION, THE DISTRICT OF COLUMBIA AND TRIBAL GOVERNMENT OF THE UNITED STATES. SERVICE BY LAW ENFORCEMENT Served on Respondent by County, W.Va., on (Date) , at (~imd (Return of Service to Circuit C/erk) ill mn/ptn. For Court Use Only Law-enforcelnent agencies to which a copy of tiffs order was translnitted (place an asterisk next to the agency responsible Jbr completing service, if known): Mononqalia County Sheriff West Virninia State Police Zorqantown City Police Star City Police Granville Police Westover Police 911 ORIGINAL RESPONDENT- COPY PI,2I'ITIONER . COPY RETURN - COPY LAW ENFORCEMENT - 3 COPIES · IN Ti-IE ~IA'GISTRATE/FAMILY COURT OF Honongal i a COUNTY, WEST VIRGINIA WARNING TO: ALL PARTIES NAMF~D IN A DOMESTIC VIOLENCE PROTECTIVE ORDER A respondent named in a protective order who is at a place where the order instructs him or her not to be, or who is abusing anyone protected by the order, may be arrested for-a misdemeanor offense. No one, including the person who petitioned fro' the order or the person against whom the order was issued, may legally give permissiofl to violate the protective order. · ONLY the Family/Circuit Court can dismiss or otherwise change any of the conditions of the order. A Respondent who violates any condition of the order may be found in civil contempt .of the court order. Having 'ipermission" or a protected party's "consent" is not a legal defense for a misdemeanor violation of the order. When a protective order is itt effect, ONLY the Fami!y/Circttit Court has the attthority to allow the respondent to have any type of contact with the petitioner or to return to the residence of the petia'oner for any rcasoll. If the Petitioner and Respondent wish to resume a relationship while the protective order is in effect, the petitioner must file a motion with the Circuit Clerk to terminate (end) the protective order. The family courtjudge will decide whether the order should be terminated. You will be notified if the family court judge chooses to hold a hearing on the motion to terminate. Copy given to each party k_named n a protective order. RESPONDENT - COPY SCA-DV-FC/M-1205 / 12-13-01 PETITIONER - COPY IN THE! FAMILY COURT OF MONONGALIA COUNTY, WEST VIRGINZA TANIA DAWN B[FNNELL V. KE~ETH ~ BUNNELL Respondent Address 4 W. M~ ST~ET ~T. 3 W~ BOTTOM, PA 17266 Family Court 03-DV-524 Civil Action Number 03D-565 Magistrate Court Case Number ORDER CONTINUING HEARING EMERGENCY PROTECTIVE ORDER This court, finds that (check appropriat~ spaces): L~ _ Respondent has not been sezved with the EMERGENCY DOMESTIC VIOLENCE PROTECTIVE OR_DER. ~ A motion has been filed requesting that another fa~ly law master hear the PETITION. ~ A motion to cout~ue has been granted. ~0I ~ It is ~erefor¢ OI~E~D that the hearing in this maaer is continued and shall be held on the day of ~~ ~ at [/:~ ~pm to take place in fa~ly court at ~( ~KO~ W. Va., or until after Respondent has been served mid that upon se~ice the hear~g will be set. It is ~rther O~ERED that the EMERGENCY PROTECTIVE O~ER issued previously by this court on the day of ~~ ~3 , is continued in full force and effect until the hearing on thc PETITION, but not to exceed the expiration date of the emergency order. A copy of this ORDER shall be sex-/ed npon the parties; sent to the magistrate court clerk; transmitted by the next business day to any law-enforcement agency havh~g jurisdiction to enforce t~s O~ER, including the coun~ sheri~ the local office of the state police, and any municipal police ~>rce, to be placed in a co~Mential file by such law-enforcement agencies pnrsuant to W. Va. Code ~ 48-2%403 and subject to W.Va. Code ~ 48-28-601. ( ) ~ a~~p~y ~11" ~dge Respondent se~ed by in / CounW, W.Va., on (law enforcement agency) (Date) Petitioner served by band delivery, if .present, or by (Date) For Court Use Only: · at am/pm. (Time) (law enforcement agency) 2 J ~ amh:f-~ at (Time) Law-enforcement agenc/es to wh/ch a copy of th/s order was transm/tted (p/ace an aster/sk next to the agency respons/b/e for comp/et/no serv/ce, /f known): EXHIBIT C KENNETH R. BUNNELL, Plaintiff TANIA D BUNNELL, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kindly allow Kenneth R. Burmell, Plaintiff, to proceed in forma pauperis. CIVIL ACTION - LAW IN CUSTODY 04w5~1 CIVIL TERM : NO. PRAECIPE TO PROCEED IN FORMA PAUPERIS The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the Date Respectfully submitted, Tracie N. Wesner Certified Legal Intern THOMA'S-Mv4aLACE ROBERT E. RAINS ANNE MACDONALD FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 71%243 -2968 KENNETH R. BUNNELL PLAINTIFF V. TANIA D. BUNNELL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5991 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, November 17, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 12, 2003 at .9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIlE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the AmeiScans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ItELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KENNETH R. BUNNELL, : 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA TANIA D. BUNNELL, Defendant CIVIL ACTION - LAW IN CUSTODY NO 03-5991 CIVIL TERM PETITION TO DISMISS CUSTODY COMPLAINT AND VACATE ORDER Plaintiff Kenneth R. Bunnell (hereinafter "Father"), by and through his attorneys the Family Law Clinic, hereby requests that this Court dismiss his Complaint for Custody filed November 14, 2003 and vacate the November 17, 2003 Order of Court directing that the parties appear before Hubert X. Gilroy, Esquire for a Pre-Hearing Custody Conference. In support of his Petition, Plaintiff avers the following: 1. Father filed a Complaint for Custody with this Court on November 14, 2003, seeking shared legal and primary physical custody of his daughter, Americus Bunnell (hereinafter "the child"), age 19 months, subject to periods of partial custody in Defendant Tania D. Bunnell (hereinafter "Mother"). 2. On November 17, 2003, this Court ordered the pm, ties to appear before Hubert X. Gilroy, Esquire for a Pre-Hearing Custody Conference on December 12, 2003 at 9:30am. 3. Father and Mother reconciled on November 20, 2003 and resumed living together. 4. Father and Mother requested that the Custody Conciliation before Hubert X. Gilroy, Esquire, be postponed in order for the parties to attempt reconciliation. 5. The Custody Conciliation was rescheduled for January 29, 2004. 6. Father and Mother remain reconciled and continue to live together with the child. 7. Father no longer wishes to pursue his action for custody. 8. Father did not seek concurrence of counsel in this Petition pursuant to Local Rule 206-2 (c) because Mother is unrepresented in the matter. WHEREFORE, Plaintiff requests that this Court dismiss his Complaint for Custody filed November 14, 2003 without prejudice and vacate the Order of Court entered on November 17, 2003 directing that the parties appear before Hubert X. Gilroy, Esquire for a Pre-Hearing Custody Conference. Respectfully Submitted, Tracie N. Wesner Certified Legal Intern ANNEkMAk. J._D ONALD -F~'~ ROBERT E. RAINS THOMAS M. PLACE Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pier Street Carlisle, PA 17013 (717)243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S § 4904, I verify that I am the Plaintiff in the present action, and that the facts and statements contained in the above Petition are tree and correct, to the best of my knowledge, information and belief. Kenneth R. Bunnell KENNETH R. BUNNELL, Plaintiff TANIA D. BUNNELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW IN CUSTODY :NO 03-5991 CIVIL TERM CERTIFICATE OF SERVICE I, Tracie N. Wesner, hereby certify that I am serving a tree and correct copy of the Petition to Dismiss Custody Complaint and Vacate Order for Plaintiff, Kenneth R. Bunnell, on the Defendant, Tania D. Bunnell and Custody Conciliator Hubert X. Gilroy, Esquire, by depositing a copy of the same in the United States mail, postage prepaid, this ~'~ day of January, 2004. Tania D. Bunnell 4 West Main Street Apartment #3 Walnut Bottom, PA 17266 Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Tracie N. Wesner Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-7031 KENNETH R. BUNNELL, Plaintiff TANIA D. BUNNELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW IN CUSTODY : NO 03-5991 CIVIL TERM JAN 200 ORDER OF C.__OURT AND NOW, this _o~ay of~, 2004, upon Plaintiff's Petition to Dismiss Custody Complaint and Vacate Order, it is hereby ordered and directed as follows: dismissed~ ' "~ ~ ~ Plaintiff's Complaint for Custody is prejua~ce. The November 17, 2003 Order of Court directing that the parties appear before Hubert X. Gilroy, Esquire for a Pre-Hearing Custody Conference is hereby vacated.