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HomeMy WebLinkAbout04-1594 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLA P. RAPP, : Plaintiff : .. V. ~ ANTHONY P. RAPP, : Defendant : NOTICE No. 2004- /,b'~/'/ CIVIL ACTION - LAW (In Custody) You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, be entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgmant may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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. SAIDIS SHUFF, & LINDSAY 26 W. High Street Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paghms siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archiver en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas u puede entrar una orden contra usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3 166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY By // /Ein3/say Gi~lch I~aclay, Esquir~ ~-/Attbmey I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLA P. RAPP, : Plaintiff : No. 2004 - I ~'~C/ : v. : CIVIL ACTION - LAW ANTHONY P. RAPP, : Defendant : (In Custody) Erie County on August 15, 2002 at docket number 12851-2002. living separate and apart since September 2, 2002. Defendant, Anthony P. Rapp, is the natural father of the Child. The Child was bom out of wedlock. The parties were married in November of 1996 and a divorce was flied in The parties have been COMPLAINT FOR PRIMARY CUSTODY AND NOW, this J~ay of April, 2004, comes Plaintiff, Ella P. Rapp, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and files the following Complaint for Primary Custody, and in support thereof avers as follows: l. Plaintiff, Ella P. Rapp, is an adult individual who currently resides at a confidential address in Cumberland County, Pennsylvania (hereinafter referred to as "Mother"). 2. Defendant, Anthony P. Rapp, is an adult individual who, upon information and belief, currently resides at 3205 West 22na Street, Erie, Erie County, Pennsylvania 16506 (hereinafter referred to as "Father"). 3. Plaintiff, Ella P. Rapp, is the natural mother of one (1) minor child, Kirsten Lecole Rapp, who was born on March 3, 1992 (hereinafter referred to as the "Child"). SAIDIS SHUFF, FLOWER & LINDSAY 26 W, Hish Street Carlisle, PA Name Present Residence Age d/o/b Kirsten L. Rapp Confidential 12 3/3/92 7. Plaintiff has had primary physical and legal custody of the child since September 2, 2002. The parties are the natural parents of the following minor child: The Child was bom out of wedlock. Plaintiffis the natural mother of the Child. Defendant is the natural father of the Child. The Child is currently solely in the physical custody of the Plaintiff due to a PFA which expires on April 15, 2004. A copy of the Final PFA Order is attached hereto as Exhibit "A" and is incorporated herein by reference. Since birth, the Child has resided with the following persons and at the following addresses: Name Address Dates Ella Rapp (natural mother), Tom Sloop (fiancde of natural mother) Confidential Cumberland County 1/03 - present Ella Rapp, Tom Sloop Mechanicsburg, PA Cumberland County 1/03 - 1/03 Ella Rapp 4145 W. Ridge Rd. Apt 2 Erie, PA 16506 9/2/02 - 1/03 Ella Rapp, Anthony Rapp (natural father) 4145 W. Ridge Rd. Apt 2 10/00 - 9/2/02 Ella & Anthony Rapp 2929 Sterrettania Rd. Erie, PA 10/99 - 10/00 Ella & Anthony Rapp 4175 W. Ridge Rd. Apt 6 Erie, PA 11/92 - 10/99 Ella & Anthony Rapp Erie, PA 3/92 - 11/92 SAIDIS SHUFF, FLOWER & LINDSAY ATTOPd~YS*AT'LAW 26 W. High Street Carlisle, PA 8. Plaintiff/Mother's permanent address is in Cumberland County, Pennsylvania; however, due to the nature of the "indicated" sexual abuse by Father, Mother wishes to keep her present address confidential. Mother has had primary physical and legal custody of the Child since September 2, 2002. 9. Upon information and belief, Father's current address is 3205 West 22nd Street, Erie, Erie County, Pennsylvania. On October 7, 2002 the Court of Common Pleas of Erie County issued a Temporary PFA, No Contact Order. A copy of the Petition and Order is attached hereto as Exhibit "B" and is incorporated herein by reference. As such, Father has had no contact with the Child since on or before that date. 10. The relationship of Plaintiff to the Child is that of natural mother. 11. The relationship of Defendant to the Child is that of natural father. 12. Plaintiff/Mother has no information of any other custody proceeding concerning the Child pending in any court of this Commonwealth. 13. Plaintiff/Mother does not know of a person, not a party to this proceeding, who has physical custody of the Child or claims to have physical custody or visitation rights with respect to the Child. 14. The best interest and permanent welfare of the Child will be served by granting the relief requested because: a. Plaintiff is the natural mother of the Child; b. Plaintiff has established a warm, loving relationship with the Child; c. Plaintiff/Mother has in the past, and will continue to provide a stable, loving home environment for the Child; d. Plaintiff/Mother will ensure that the Child is raised in healthy, loving environment; e. Plaintiff/Mother has formed a strong bond with the Child; SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA f. PlaintitFMother has always exercised her parental duties and responsibilities with regard to the Child and she enjoys the love and affection of the Child; g. PlalntiffFlVlother will continue to provide the Child with a home with adequate moral, emotional and physical surroundings, as required to meet the Child's needs; h. Plaintiff/Mother offers a stable, loving, structured home environment in which to raise the Child; i. The Child has indicated to Plaintiff/Mother and to other adults that she is afraid of Defendant/Father; j. The Child has alleged that Defendant/Father was sexually abusive to her from the time she was in pre-school through May of 2002. A copy of the November 13, 2002 C.Y.S. Incident Report, which states that the alleged sexual abuse was "Indicated" is attached hereto as Exhibit "C" and is incorporated herein by reference; k. The Child does not wish to have any contact with Defendant/Father; 1. The Child has expressed sincere concern about the expiration of the PFA and the steps that Defendant/Father may take to contact/see her; m. Plaintiff/Mother offers a loving, disciplined, and well-supervised household in which to raise the Child 15. Each parent whose parental rights to the Child have not been terminated and the person(s) who has physical custody of the Child have been named as parties to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the Child. 16. Plaintiff/Mother requests that this confirming the current custodial arrangement: a. b. Honorable Court enter an Order Plaintiff/Mother be granted sole physical custody of the Child; and Plaintiff/Mother be granted sole legal custody of the Child WHEREFORE, Plaintiff, Ella P. Rapp, respectfully requests this Honorable Court grant Plaintiff, sole legal custody and physical custody of Kirsten L. Rapp, in accordance with the custodial arrangement as proposed in Paragraph 16, above. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY J~in)tsay GinJg~i~l)/Ma6tay, E squ~e) [.~/Atfomey I.I~. No~ 87954 ~ 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY VERIFICATION I verify that the statements made in this Complaint for Primary Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Date: q--rS-oq Ella P. Rapp SAIDIS SHLIFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Exhibit "A" VS. IN THE COURT OF COMMON PLEAS OF ERIE COUNTY, PENNSYLVANIA NO. FINAL ORDER OF COURT ~,4~L, ofBirth: Defendant's Social Securi~ No.: ~q'o~ ~,~, .,u,..~ ~ ..... ,;ted Persons, includir~ Plain_tiff and mingr childZ[en: ^,D Now, this day of 200_ the Court having jurisdiction over the parties and the subject matter, it is ORDERED, ADJUDGED and DECREED as follows: [] Plaintiff's request for a final protection order is denied. OR Plaintiff's request for a final protection order is granted. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ""~ ~J~"-~e Defendant is completely evicted and excluded from the residence at 4 J I.Jr~"' ~iJ, [nonconfidential address from which defendant is excluded] or any other residence Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. On , Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. [~. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiff's school, business, or place of employment. Defendant is,sl~e,cifically QLdered to_stc ~away from the following locations for the duration of this O~der: &"J'J&J~' ~l~."~,/"J_l~ ~J ~:l_y [~. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including thr third persons. [n~m~ne~e(~f ~0h,Ipd]?inn~fb~:ect tot ~ ~m ~ ~,~,~,raph] shall be as follows: efendant shall immediately turn over fo the Sheriff's Office, or fo a local low enforcement agency for delivery to the Shedff's Office, the following weapons used or fhre'atened to be used by Defendant in an act of abuse against Plaintiff and Jar the minor child/ten: Defendant is proh. ibited from possessing, transferring or acquiring any other weapons for the dyration of'this Order. Any weapons delivered to the Sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned during the duration of this Order unless a Petition is presented to the Court. 8. The following additional relief is granted as authorized by § 6108 of the Act: 9. Defendant is directed to pay temporary support for: a-s follows: This Order for support shall remain in'effect until final support order is entered by this Court. However, this Order shall lapse automatically if the Plaintiff does nat 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, w'hJch shall be determined in accordance with the guidelines at the support headng. Any adjustments in the final amount of support shall be credited, retroactive to this date, fo the appropriate party. 10. Defendant shall pay $ fo Plaintiff as compensation for P1ain~tiff's out-of-pgckef Josses, which are as follows: OR Plaintiff is granted leave to present a petition, with appropriate notice fo Defendant, to the Court of Commor) Pleas, 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 esti'mafes of repair, and an order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. 11. BRADY INDICATOR. 1. [ ] The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with the Defendant, a parent of a common child, a chid of that person, or a child of the Defendant. 2. [ ] This Order is being entered after a headng of which the Defendant received actual notice and had an opportunity to be heard. 3. [ ] Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected personJs). 4. [ ] Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person Is) 5. [ ] The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person(si that would reasonably be expected to cause bodily injury. [ ] THIS ORDER SUPERSEDES []ANY PRIOR PFA ORDER AND [ ] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. ] 13. The following costs of this action are waived as to the Plaintiff and Imposed on Defendant: a)555.50 to the Prothonotary. payable by cash, certified check or money order: b)Sheriff's service costs of ~(1~). to the Sheriff, payable by cash or money order; and Such costs shall be paid by the following date: All provisions of this Order shall expire on NOTICE TO TRE DE#ENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMII~AL 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.' §§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 FIRIEARMS OR AMMUNITION. 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. § 6113. Subseque~qt 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 Sheriff of Erie County shall maintain possession of the weapons during the duration of this Order unless a Petition is presented fo the 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 fo be arraigned. A "Complaint for Indirect Criminal Contempt: shall then be completed and signed by the police officer OR the Plaintiff. Plaintiff's 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 before a Judge of this Court. Date If enl~~he consent of the Plain (Pldfcttlff's ,Signature)' (Defrenda~/t~'s Si u Exhibit "B" ELLA KAPP, ON BEHALF OF KIRSTEN RAPP, A MINOR Plaintiff · IN THE COURT OF : COMMON PLEAS OF : ERIE COUNTY, · PENNSYLVANIA ANTHONY RAPP Defendant SHERIFF 451-62'53 PFA 451-6324 · No. 16544-2002 NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 grantkng the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvan/a Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A heahng on the matter is scheduled for the 15th Day of October, 2002 at 9 30AM, in Courtroom E #219 at ERIE COUNTY COURTHOUSE, 140 W. 6TH STREET, ERIE, PA 16501. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and heating. If you disobey this Order, the police may arrest you. Under federal law, 18. U.S.C. §2265, this Order is enforceable anywhere in the Un/ted States. If you travel outside of the state and intentionally violate this Order, you may be subject to federal cr/minal proceedings under the Violence Against Women Act. 18 U.S.C. §2262. Violation of this Order may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. In addition, if you are subject to a FINAL PROTECTION ORDER, you may be prohibited from possessing, transporting, or accepting a firearm under the 1994 Amendment to the federal Gun Control Act, 18 U.S.C. §922(d) and (g). 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. County Lawyer Referral Service ERIE COUNTY BAR ASSN. 302 W. 9TH ST., ERIE PA (814) 459-4411 PFAD Number: XX1558302T ELLA RAPP, ON BEHALF OF : IN THE COURT OF KIRSTEN RAPP, A MINOR : COMMON PLEAS OF : ERIE COUNTY, Plaintiff : PENNSYLVANIA .- V. .. ANTHONY RAPP : : No. 16544-2002 Defendant : PETITION FOR PROTECTION FROM ABUSE Plaintiff's name is: ELLA RAPP 2. I, (the Filer), am filing this Petition: 3. Filer's Name is: ELLA RAPP Filer's Address is: 4145 W RIDGE RD, ERI E, PA 16506 5. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. KIRSTEN RAPP 6. Plaintiffs Address is: 4145 W RIDGE RD #2, ERIE, PA 16506 7. Defendant's Name is: ANTHONY RAPP Defendant is believed to live at the following address: 3202 W 22ND ST, ERIE, PA 16506 Defendant's Social Security Number is: 190-56-0452 10. Defendant's Date of Birth is: 11. July 7, 1962 The relationship between the Plaintiff and the Defendant is: Parent / Child 12. The Plaintiffand the Defendant been involved in the following court actions: a. Divorce 13. Other details of the court action are: DIVORCE FILED BETWEEN PARENTS AUGUST 12 2002 14. Plaintiff and Defendant are the parents of the following minor cl'fild/ren: 15. KIRSTEN RAPP Age:10 Child's address is: 4145 W RIDGE RD #2, ERIE, PA 16506 Plaintiff is seeking an Order of child custody as part of th/s petition. The following is a list of the children and wherb they have live for the past 5 years: KIRSTEN RAPP · For the past 5 years, this child has lived with: WITH BOTH PARTIES SINCE SEPT 3 2002 AT WHICH TIME DEFENDANT CHANGED RESIDENCE MINOR CHILD HAS LIVED WITH MOTHER ONLY SINCE THIS TIME 16. The facts of the most recent incident of abuse are as follows: 17. I8. 19. 20. SEE ATTACHED The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: MILLCREEK There is an immediate and present danger of further abuse from the Defendant. Plaintiff is asking the court to evict and exclude the Defendant fi'om the following residence: 4145 W RIDGE RD #2 Rented By:PLAINTIFF FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiffmay be found. ¢ b. Evict/exclude Defendant fi.om Plaintiffs residence and prohibit Defendant fi.om attempting to enter any temporary or permanent residence of the Plaintiff. Please complete the following questions as accurately and briefly as possible. Be specific regarding the threats of physical abuse or actual physical abuse, Please be sure that the date, time & place~ are accurate. The facts of the most recent incident of abuse are as follows: Approx. Date: Approx. Time: Place: Describe in detail what happened, includ!ng any physical or sexual abuse, threat, injury, incidents of stalkin, g, medical treatment sought, and/or calls to law enforce~ment, x __ If the defendant has committed prior acts of abuse against Plaintiff or the minor child/ren, describe these pr/or incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred. Signature of Pl~ihiiff c. Award Plaintifftemporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ten: NO CONTACT Protfibit 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 Plaintiff's 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. Prohibit Defendant from having any contact with Plaintiffs r['latives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ten. Order Defendant to temporarily turn over weapons to the Sheriffof this County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. Order Defendant to pay the costs of this action, including filing and service fees. Order the following additional relief, not listed above: CARRIES 45 AT ALL TIMES HOUSE KEYS Grant such other relief as the court deems appropriate. 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 the 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 any false statements are made subject to the Penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities Petition Prepared by: MAO Agency: PFA OFFICE ELLA KAPP, ON BEHALF OF : IN THE COURT OF KIRSTEN RAPP, A MINOR : COMMON PLEAS OF : ERIE COUNTY, Plaintiff : PENNSYLVANIA ANTHONY RAPP : : No. 16544-2002 Defendant : TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: ANTHONY RAPP Defendant's Date of Birth is: July 7, 1962 Defendant's Social Security Number is: 190-56-0452 Name(s) of All protected persons, including Plaintiffand minor children: 1. KIRSTEN RAPP AND NOW, on 7th Day of October, 2002 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1, Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded fi.om the residence at: 4145 W RIDGE RD #2 or any other permanent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no fight or privilege to enter or be present on the premises of Plaintiff or any other person'pmtected under this Order. 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, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 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, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hear/ng in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: t. KIRSTEN RAPP Until the final hearing, all contact between Defend~:nt and the child/mn shall be limited to the following: NO CONTACT 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 Plaintiffin accordance with the terms of this Order. 6. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sheriffs Office. Defendant is prohibited from possessing, transferring or acquiring any other fireai-rns license or weapons for the duration of this order. 7. The following additional relief is granted: - Defendant is prohibited from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may f'md necessary with 'respect to partial custody and/or visitation with the minor child/ten. - Defendant is ordered to pay the costs of this action, including filing and service fees. - CARRIES 45 AT ALL TIMES HOUSE KEYS 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: MILLCREEK 9. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. ~ 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 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. {}61 I3. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261-2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order 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 1 through 6 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of tkis Order may be made 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 Iaw enforcement agency whose officer made the arrest. BY THE COURT: JOHN J. TRUCILLA Date Distribution to: PLAINTIFF DEFENDANT SHERIFF PENNSYLVANIA STATE POLICE PFA COORDINATOR Exhibit "C" OFFICE OF CHILDREN, YOUTH & FAMILIES ELLA RAPP 4145 WEST RIDGE ROAD APT2 ERIE PA 16506 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE HARRISBURG, PENNSYLVANIA 17120 Mailing Date November 13, 2002 CHILOLINE & ABUSE REGISTRY DEPARTMENT OF PUBLIC WELFARE HILLCREST, 2ND FLOOR P.O. BOX 2675 HARRISBURG, PA 17106-2676 TELEPHONE NO, [717) 763-t964 Child: KIRSTEN RAPP Report No: 250011423 Status: INDICATED Agency: ERIE COUNTY CYA DEAR MS. RAPP: A report of suspected abuse involving the above named child was investigated by the agency listed above. The status is Indicated. This means the agency determined that the child was abused. The report will remain on file in the state and county offices until 23 years after the child's birth. At that time, the report will be expunged. However, the information on the perpetrator will remain on file indefinitely if the social security number or date of birth is known. You are listed on the report as the Mother. You may have the right to receive services, which are intended to prevent further abuse or neglect, through the county children and youth agency. You also have the right to receive a copy of the report by writing to that agency or this office. Please refer to the report number listed above when making your request. Should your address change before the child becomes age 23, please inform this office. If you have questions about your rights, involvement in the report, or this letter; we suggest you contact the investigating agency at (814) 451-6600. Esta carta contiene informacion que es importante para usted sobre sus derechos bajo la Ley de Servicios para la Proteccion de nine. Si usted es nombrado como el perpetrador del abuse en este reporte, esto va a afectar su oportunidad de obtener empleo en agencia o programa para cuido de nine yen escuela publica o privada. Copia de este carta es disponible en espanol. Per favor pongase en contacto con nosotros tan pronto como le sea posible a la direccion mecionada arriba. Issued by: Childline & Abuse Registry SAIDIS SHUFF, FLOWER & LINDSAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 2004 - 1~'~(~ O : J v. : CIVIL ACTION - LAW : ANTHONY P. RAPP, : Defendant : (In Custody) PETITION FOR SPECIAL RELIEF AND NOW, this 14th day of April, 2004, comes Petitioner, Ella P. Rapp, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and files the following Petition for Special Relief and in support thereof avers as follows: 1. Petitioner, Ella P. Rapp (hereinafter referred to as "Mother"), is an adult individual who currently resides at a confidential address in Cumberland County, Pennsylvania. 2. Respondent, Anthony P. Rapp (hereinafter referred to as "Father"), is an adult individual who, upon information and belief, currently resides at 3205 West 22nd Street, Erie, Erie County, Pennsylvania. 3. Petitioner, Ella P. Rapp, is the natural mother of one (1) minor child, Kirsten Lecole Rapp, bom March 3, 1992 (hereinafter referred to as "Child"). 4. Respondent, Anthony P. Rapp, is the natural father of the Child. 5. Contemporaneously with the filing of this Petition for Special Relief, Petitioner has filed a Complaint for Custody, requesting sole legal and physical custody of the Child. 6. Petitioner has had primary physical custody of the Child since September 2, 2002. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Strut Carlisle, PA 7. The parties separated on or about September 2, 2002, and have been living separate and apart since that time. 8. Other than the Complaint being filed contemporaneously with this Petition, Petitioner has no knowledge of any other Custody Complaints filed with regard to the Child. 9. On October 6, 2002, the Child reported to Mother that Father had been sexually abusing her from pre-school through May of 2002. Mother immediately reported the alleged abuse to the Erie County Children and Youth Services and filed for a PFA. A copy of the Petition for PFA and Temporary PFA Order is attached hereto as Exhibit "A" and is incorporated herein by reference. 10. On October 15, 2002, the Erie County Court of Common Pleas issued a Final "No Contact" PFA Order. A copy of this Order is attached hereto as Exhibit "B" and is incorporated herein by reference. 11. After investigation, Erie County C.Y.S. issued a report on November 13, 2002 stating that the sexual abuse by Father was "Indicated." A copy of the November 13, 2002 CYS Report is attached hereto as Exhibit "C" and is incorporated herein by reference. 12. While Mother and Child were still living in Erie, Child lived in constant fear of seeing Father and the Child would refuse to leave the house due to the chance of seeing her Father in public. 13. In January of 2003, Mother and Child relocated to Cumberland County, Pennsylvania. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 14. Since January of 2003, the Child has been able to phase out of therapy and live a semi-normal life, in that she is no longer afraid to go out in public. 15. The Final PFA Order expires on April 15, 2004. See Exhibit "B". 16. For the past two (2) weeks, the Child, knowing that the expiration of the PFA is imminent, has been inconsolable, in that she is afraid that Father will attempt to contact or see her. 17. The Child has no desire to see Father. 18. The Child is fearful of Father. 19. The Child has, for the past two (2) weeks, cried herself to sleep at night, concerned about the fact that once the PFA expires, there will be "nothing to protect" her from Father's attempts to see or contact her. 20. Mother believes that any emotional progress made by the Child since October 15, 2002, will be thwarted by Father's potential attempts to contact and/or see the Child. 21. The best interests and permanent welfare of the child will be best served by granting the relief requested because: a) Petitioner is the natural mother of the Child; b) Petitioner has established a warm, loving relationship with the Child; c) Petitioner has been the Child's sole caregiver and support since on or before October 6, 2002; d) Allegations of sexual abuse by Respondent against the Child have been "Indicated" by Erie County Children and Youth Services; e) Petitioner has in the past, and will continue to provide a stable, loving home environment for the Child; f) Petitioner will ensure that the Child is raised in a healthy, loving environment; SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA g) Petitioner has formed a strong bond with the Child; h) Petitioner has always exercised her parental duties and responsibilities with regard to the Child and she enjoys the love and affection of the Child; i) Petitioner will continue to provide the Child with a home with adequate moral, emotional and physical surroundings, as required to meet the Child's needs; j) Petitioner offers a stable, loving, structured home environment in which to raise the Child; k) The Child has indicated to Petitioner and other adults that she is afraid of Father; 1) The Child has expressed a desire to remain with the Petitioner and her fiancee; m) The Child does not wish to have any contact with Father; n) The Child has expressed sincere, legitimate concern about the expiration of the PFA and the steps that Father may take to contact/see her; and o) Both Mother and Child believe it is in the Child's best interests to have a Custody Order in place to protect the Child until such time, if any, that a Hearing can be held to determine, long-term, the best interests of the Child. 22) In the event that a Temporary Order is not entered in this matter, it is anticipated that Father may attempt to contact and/or see the Child, thereby potentially subjecting Child to further sexual abuse and/or emotional damage. 23) The entry of the attached Order will ensure the safety, welfare and stability of the child's surroundings pending further proceedings in this matter. 24) Counsel for Petitioner has attempted to contact Respondent's counsel for the Divorce Matter, Elizabeth A. Malc, Esquire, to advise her of the filing of this Petition for Special Relief. WHEREFORE, Petitioner requests this Honorable Court enter an Order providing Petitioner with sole legal and physical custody of the Child, pending further Order of Court or agreement of the parties. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By -'~./( ( ./Li}hdsay Gi~r~h M~clay, Esquire/' ~,' Atttorney I."D. No. 87954 ~ 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Petitioner SAIDIS SHUFF, FLOWtAi & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in this Petition for Special Relief are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Date: Ella P. Rapp SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Exhibit "A" ELLA RAPP, ON BEHALF OF KIRSTEN RAPP, A MINOR Plaintiff _: IN THE COURT OF : COMMON PLEAS OF : ERIE COUNTY, : PENNSYLVANIA ANTHONY RAPP Defendant SHERIFF 451-6253 PFA 451-6324 · No. 16544-2002 NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following papers, you must appear at the heating scheduled here4n. 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 fi.om your residence and lose other important fights. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A heating on the matter is scheduled for the 15th Day of October, 2002 at 9 30AM, in Courtroom E #219 at ERIE COUNTY COURTHOUSE, 140 W. 6TH STREET, ERIE, PA 16501. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and heating. If you disobey this Order, the police may arrest you. Under federal law, 18. U.S.C. §2265, th/s Order is enforceable anywhere in the United States. If you travel outside of the state and intentionally violate tl'fis Order, you may be subject to federal criminal proceedings under the Violence Against Women Act. 18 U.S.C. §2262. Violation of this Order may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. In addition, if you are subject to a FINAL PROTECTION ORDER, you may be prohibited fi.om possessing, transporting, or accepting a firearm under the 1994 Amendment to the federal Gun Control Act, 18 U.S.C. §922(d) and (g). 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. County' Lawyer Referral Service ERIE COUNTY BAR ASSN. 302 W. 9TH ST., ERIE PA (814) 459-4411 DEPUTY CLLq~,K OF ~ ~ PFAD Number: XX1558302T ELLA RAPP, ON BEHALF OF : IN THE COURT OF KIRSTEN RAPP, A MINOR : COMMON PLEAS OF : ERIE COUNTY, Plaintiff : PENNSYLVANIA : : V. .. ANTHONY RAPP : : No. 16544-2002 Defendant : PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: ELLA RAPP 2. I, (the Filer), am filing this Petition: 3. Filer's Name is: ELLA RAPP 4. Filer's Address is: 4145 W RIDGE RD, ERI E, PA 16506 5. Narne(s) of ALL person(s), including minor children, who seek protection from abuse. a. KIRSTEN RAPP 6. Plaintiffs Address is: 4145 W RIDGE RD #2, ERIE, PA 16506 7. Defendant's Name is: ANTHONY RAPP 8. Defendant is believed to live at the following address: 3202 W 22ND ST, ERIE, PA 16506 9. Defendant's Social Security Number is: 190~56-0452 10. Defendant's Date of Birth is: July 7, 1962 11. The relationship between the Plaintiff and the Defendant is: Parent / Child 12. The Plaintiff and the Defendant been involved in the following court actions: a. Divorce 13. Other details of the court action are: DIVORCE FILED BETWEEN PARENTS AUGUST 12 2002 14. Plaintiff and Defendant are the parents of the following minor child/ren: KIRSTEN RAPP Age:10 Child's address is: 4145 W RIDGE RD #2, ERIE, PA 16506 15. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and wher~ they have live for the past 5 years: KIRSTEN ILa, PP · For the past 5 years, this child has lived with: WITH BOTH PARTIES SINCE SEPT 3 2002 AT WHICH TIME DEFENDANT CHANGED RESIDENCE MINOR CHILD HAS LIVED WITH MOTHER ONLY SINCE THIS TIME 16. The facts of the most recent incident of abuse are as follows: SEE ATTACHED 17. The police department(s) or law enforcement agencies that should be prov/ded with a copy of the protection order are: MILLCREEK 18. There is an immediate and present danger of further abuse from the Defendant. 19. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 4145 W RIDGE RD #2 Rented By:PLAINTIFF 20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child~ren in any place where Plaintiffmay be found. b. Evict/exclude Defendant fi'om Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. Please complete the following questions as accurately and briefly as possible. Be specific regarding the threats of physical abuse or actual physical abuse. Please be sure that the date, time & place are accurate. The facts of the most recent incident of abuse are as follows: Approx. Date: Approx. Time: Place: Describe in detail what happened, includ!ng any physical or sexual abuse, threat, injury, incident~ of stalking, medical treatment sought, and/or calls to law enforce~ment. ~ __ ~--0~ 77~-ET. 77M~ ~/d~ [.t/A~ /z,l ['~-,~p/-/oOL ~//I/JTc 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. signature of Pi~i~a~iff c. Award Plaintifftemporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: NO CONTACT do 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. Prohibit Defendant from having any contact with Plaintiffs relatives and Plmnt~lTs 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. f. Order Defendant to temporarily mm over weapons to the Sheriffofthis County and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the Order. g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the following additional relief, not listed above: CARRIES 45 AT ALL TIMES HOUSE KEYS i. Grant such other relief as the court deems approphate. j. 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 the 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 tree and correct to the best of my knowledge. I understand that any false statements are made subject to the Penalties of 18 Pa. C.S. {}4904, relating to unswom falsification to authorities Date Petition Prepared by: MAO Agency: PFA OFFICE ELLA RAPP, ON BEHALF OF : IN THE COURT OF KIRSTEN RAPP, A MINOR : COMMON PLEAS OF : ERIE COUNTY, Plaintiff : PENNSYLVANIA : V. : ANTHONY RAPP : : No. 16544-2002 Defendant : TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: ANTHONY RAPP Defendant's Date of Birth is: July 7, 1962 Defendant's Social Secufity Number is: 190-56-0452 Name(s) of All protected persons, including Plaintiff and minor children: I. KIRSTEN RAPP AND NOW, on 7th Day of October, 2002 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded fi-om the residence at: 4145 W RIDGE RD #2 or any other permanent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no fight or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 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, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 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, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Pending the outcome of the final heating in this matter, Plaintiff is awarded temporary custody of the following minor childdren: 1. KIRSTEN RAPP Until the final hearing, all contact between Defend~lnt and the child/ren shall be limited to the following: NO CONTACT 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 Plaintiffin accordance with the terms of this Order. 6. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 7. The following additional relief is granted: - Defendant is prohibited from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as the court may f'md necessary with respect to partial custody and/or visitation with the minor child/rem - Defendant is ordered to pay the costs of this action, including filing and service fees. - CARRIES 45 AT ALL TIMES HOUSE KEYS 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: MILLCREEK 9. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Heating without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. ~ t0. THIS ORDER APPLIES IMMEDIXTELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in an-est for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 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 t!n-ough the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261-2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This 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 shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapords are evidence of a crime, in ~vhich case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: JOHN J. TRUCILLA Date Distribution to: PLAINTIFF DEFENDANT SHERIFF PENNSYLVANIA STATE POLICE PFA COORDINATOR Exhibit "B" VS. IN THE COURT OF COMMON PLEAS OF ERIE COUNTY, PENNSYLVANIA NO. II C q¢' OeZ. FINAL ORDER OF COURT ~,4~ of Bidh: Defendant's Social Security No.: ~0~1~ ,,u,,.: ~ ..... cted Persons. includir~t Plaidiff ani~ m~ngr chiLcL~en: AND NOw, this I¢ day of ~~ , 200~ the Cou, having judsdicfion over the padies and the subject matter, it is O[DE[ED, ADJUDGED and DEC[EED aS follows: [] Plaintiff's request for a final protection order is denied. OR Plaintiff's request for a final protection order is granted. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. '"~ ~J~-~e Defendant is completely evicted and excluded from the residence at 4l J"J~' Jl~, [nonconfidential address from which defendant is excluded] or any other residence Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. On , Defendant may enter the residence to retdeve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. [~. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiff's school, business, or place of employment. Defendant is,sDe,cifically ozdered to.st_ay from the following locations for the duration of this Order: , way [~. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including thr _~.~%h third persons. [/Custody of the minor children, he~ l[~o~f ,is~'an~c~ [Grantednames of t0chlldren'p1 ai nti f~jsub ecl tot ~I~ ~j--'~~-.Plt~"~Iraph] shall be ar, fallows: efendant shall immediately turn over to the Sheriff's Office, or to a local taw enforcement agency for delivery to the Sheriff's Office, the following weapons used or thre'atened to be used by Defendant in an ar~t'~ abuse against Plaintiff and/or the minor child/ren: Defendant is p. rohibit, ed from possessing, transferring o~ acquiring any other weapons for the duration of this Order. Any weapons delivered to the Sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned dudng the duration of this Order unless a Petition is presented to the Court. 8. The folIawing additional relief is granted as authorized by § 6108 of the Act: Defendant is directed to pay temporary support for: a-s follows: This Order for support shall remain in'effect until final support order is entered by this Court. However, this Order shall lapse automatically 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, w'h'ich shall be determined in accordance with the guidelines at the support headng. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. 10. Defendant shall pay $ to Plaintiff as compensation for Plaintiff's out-of-pocket Josses, which are as follows: OR Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to the Court of Common Pleas, 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. 11. BEADY INDICATOIJ. 1. [ ] The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with the Defendant, a parent of a common chitd, a chid of that person, or a child of the Defendant. 2. [ ] This Order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. 3. [ ] Paragraph t of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4. [ ] Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) 5. [ ] 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 expected to cause bodily injury. [ ] THIS ORDER SUPERSEDES [ ]ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. ] 13. The following costs of thls action are waived as to the Plaintiff and Imposed on Defendant: a)$55.$0 to the Prothonotar~ payable by cash, certified chec. k or money order; b}Sheriff's service costs of '~"l~, to the Sheriff, payable by cash or money order: and ~)$")~,gg Mc,,,,dato~/' $+¢~ ~u-¢~rgo foo I~b',~ ~t ,~,.,',X,..~J~,~q/'~ ~m~.~. Such costs shall be paid bythe following date: All provisions of this Order shall expire on ~'J 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 SUBJECTYOU 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.' §§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 AMMUNITION. 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 I 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. § 6113, Subsequent to an arrest, the police officer shall seize ail weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Sheriff of Erie County shall maintain possession of the weapons during the duration of this Order unless a Petition is presented to the 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. Plaintiff's 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 before a Judge of this Court. Date BY TH URT' e Plaintiff, and Defen%,~ ~. (DeEd~/t~'s~' ~ Si pg~ature~ Exhibit "C" OFFICE OF CHILDREN, YOUTH & FAMILIES ELLA RAPP 4145 WEST RIDGE ROAD APT2 ERIE PA 165O6 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE HARRISBURG, PENNSYLVANIA 17120 Mailing Date November 13, 2002 CHILDL[NE & ASUSE REGISTRY DEPARTMENT OF PUBLIC WELFARE HILLCREET, 2ND FLOOR P.O. BOX 2675 HARRtESURG, PA 17105-2675 TELEPHONE NO. (717) 783-1964. Child: KIRSTEN RAPP Report No: 250011423 Status: INDICATED Agency: ERIE COUNTY CYA DEAR MSRAPP: A report of suspected abuse involving the above named child was investigated by the agency listed above. The status is Indicated. This means the agency determined that the child was abused. The report will remain on file in the state and county offices until 23 years after the child's birth. At that time, the report will be expunged. However, the information on the perpetrator will remain on file indefinitely if the social security number or date of birth is known. You are listed on the report as the Mother. You may have the right to receive services, which are intended to prevent further abuse or neglect, through the county children and youth agency. You also have the right to receive a copy of the report by writing to that agency or this office. Please refer to the report number listed above when making your request. Should your address change before the child becomes age 23, please inform this office. If you have questions about your rights, involvement in the repot[, or this letter; we suggest you contact the investigating agency at (814) 45%6600 Esta carta contiene informacion que es importante para usted sobre sus dereohos bajo la Ley de Servicios para la Proteccion de nino. Si usted es nombrado como el perpetrador del abuso en este reporte, esto va a afectar su oportunidad de obtener empteo en agencia o programa para cuido de nino yen escuela publica o privada. Copia de este carta es disponible en espanol. Por favor pongase en contacto con nosotros tan pronto como le sea posible a ia direccion mecionada arriba. Issued by: Childline & Abuse Registry ~<~ ~"~'~ ~'~ ^W OFf'ES SA/DIS, SHUFF, FLOWER & L1NDSAY 26 W. HIGH STREET 2~09 MARKET STREET CARLISLE, PA 1701~ -~ CAMPHILL, Ffi 17011 P[40~ (?17) ~43 ~2~2 PHOI'~E (717) 737-3405 CERTIFIED COPY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. - /~q : v. : CIVIL ACTION - LAW ANTHONY P. RAPP, : Defendant : (In Custody) TEMPORARY ORDER OF COURT AND NOW, this /¥' day of ,'$,,,~,,? , 2004, upon presentation and consideration of the attached Petition for Special Relief, IT IS HEREBY ORDERED and DIRECTED that the above named Petitioner, Ella P. Rapp, shall have sole physical and legal custody of the Child, namely, Kirsten Lecole Rapp, bom March 3, 1992, pending further Order of Court or agreement of the parties. BY THE COURT, SAIDIS tlff, FLOWER LINDSAY W. High Street Carlisle, PA ELLA P. RAPP : PLAINTIFF : V. : ANTHONY P. RAPP : DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' W 04-1594 CIVIL ACTION LA IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 21, 2004 , upon consideration of the attached Complaint, it is hereby directed that part/es and their respective counsel appear before l[tubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Friday, May 21, 2004 at 10:30 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 at)pear 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 THE COURT, By: /si Hubert X. Gilroy. Esq. Custody Conciliator rnhc The Court of Common Pleas of Cumberland County is reqmn:d by law to comply with the Americans with Disabilites Act of 1990. For information about accessfble 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 ur business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS 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 HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SAIDIS SHIJFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLA P. RAPP, : Plaintiff : .- ANTHONY P. RAPP, : Defendant.' No. 2004 - 1594 CIVIL ACTION - LAW (lin Custody) ACCEPTANCE OF SERVICE I accept service of the Custody Complaint, the April 21, 2004 Conciliation Scheduling Order, the Petition for Special Relief, and the April 14, 2004 Temporary Order of Court on behalf of my client, Anthony P. Rapp, and I further certify that I am authorized to do so. Dated: ?J,~ 7/'/5 Attorney I.D. No. 337 West 6th Street Erie, Pennsylvania 16507-1244 Attorney for Defendant 1~ I'HE ¢.JLIURI I. II~' Ct. IM~Li.~N FLEAS t)l~' CUMBERLAND COUNTY, PENNSYLVANIA ELLA P. RAPP, : Plaintiff : : v. : : ANTHONY P. RAPP, : Defendant : iNo. 2004 - 1594 CIVIL ACTION - LAW Custody) STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT FOR CUSTODY is entered into this L~'t~ day of j~ ~ ~ ,2004, by and between Ella P. Rapp (hereinafter referred to as "Mother") and Anthony P. Rapp (hereinafter referred to as "Father"). NOW TI-HS AGREEMENT WITNESSETH THAT: WHEREAS, the parties are the natural parents of one minor child, namely, Kirsten Lecole Rapp, whose date of birth is March 3, 1992 (hereinafter referred to as the "Child"); and WHEREAS, pursuant to a Final "No Contact" Protection from Abuse Order (hereinafter referred to as "PFA'), issued in Erie County, Pennsylvania, Father has had no contact with the Child since on or before October 7, :2002; and WHEREAS, said PFA was to expire on Apri]L 15, 2004; and WHEREAS, on April 14, 2004, Mother contemporaneously filed with this Court, a Petition for Special Relief and a Custody Complaint; and WHEREAS, on April 14, 2004, the Honorable Kevin A. Hess signed a Temporary Order of Court giving Mother sole physical and legal custody of the Child; and WHEREAS, the Court has set Friday, May 21, 2004 as the date for Conciliation; and WHEREAS, Father, through counsel, notified Mother, through counsel, that he does not wish to contest Mother's request for sole physic~d and legal custody of the Child; and WHEREAS, the parties now wish memorialize the custody arrangement. NOW, THEREFORE, the parties hereby agree as follows: 1. Mother shall have sole legal custody of the Child. 2. Physical custody of the Child, as that term is defined in the Custody Act, shall be solely with Mother. 3. The parties are free to modify the te~mas of this Stipulation and Agreement, but in order to do so, the parties must be in complete agreement to any new terms. 4. Any major, long-term modifieafio~as of this Stipulation and Agreement must be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation and Agreement. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree or until further Order of Court. IN WITNESS WHEREOF, the parties and their respective counsel have their hands and seals this I ZJ~ day of /k~/fi(~] ,2004. WITNESSES: ( ~n~lsa~ Gin~dh IV~lay,' Esq~fi~ Attorney for Plaintiff . Attorheyffor Defenda~_..t~ ~Mathonya6. Rapp / ~ 2004 CUMBE~kLAN~ COUNTY, I~rNNSYLVANIA ELLA P. RAPP, : Plaintiff ' V. ANTHONY P. RAPP, Defendant No. 2004 - 1594 CIVIL ACTION - LAW (]in Custody) ORDER AND NOW, this /~" day of /-~a~ ,2004, upon presentation and consideration of the attached Stipulation and Agreement of the parties, it is hereby ORDERED and DECREED that the attached Stipulation and Agreement is made on Order of Court. BY TI-EE COURT, ,J. ELLA p. RAPp, Plaintiff V ANTHONy p RAPp, Defendant JUN 0 3 2004 : IN THE COURT OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL UTION · A~ ' LAW : NO. 2004-1594 : IN CUSTODy COURT ORDER AND NOW, this ~ day of June, 2004, the Custody that the parties have reached an agreement, Conciliator being advised the Cunciliallor relinquishes jurisdiction BY THE COL~RT, C ustod~X(~oGncU~'orEsque