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Home My WebLink About05-6759 WILLIAM REICHWEIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2005- Civil JENNIFER KENNEDY, Defendant CIVIL ACTION - LAW CUSTODY COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND NOW, this 27th day of December 2005, comes the Plaintiff, William Reichwein, by his attorney, Arthur K. Dils, Esquire, and respectfully requests the following: I. The Plaintiff, William Reichwein, is an adult individual, currently residing at 320 West Shady Lane, Apt. I, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, Jennifer Kennedy, is an adult individual currently residing at 211 Houston Street, Grantville, Dauphin County, Pennsylvania 17028. 3. The Plaintiff and Defendant were never married; however, as a result of the parties living together, one child was born; namely: Tabitha Reichwein, having been born August 11, 2005. 4. Simultaneously with the filing of this Complaint a Petition for Emergency Relief is being filed. 5. The Defendant filed and obtained an Order of Court in the Court of Common Pleas of Dauphin County, Docket No. 2005 CV 5343 AB granting her a Temporary Order for Protection from Abuse. Attached hereto and marked Exhibit "A" is a copy of said Temporary Order. 6. It is noted that the Defendant requested protection on behalf of herself and the parties' minor child; however, the Order was granted for the protection of Defendant only. 7. At the time that the Plaintiff was served with the PF A Order, the Police requested that he turn the child over to the Defendant and the Plaintiff complied with this request. 8. After an Emergency Protection Order was entered at night court in the City of Harrisburg Police Department on Thursday, December 22,2005, the Defendant, Jennifer Kennedy, was subsequently arrested and charged with simple assault and harassment as a result of her stabbing the Plaintiff/Father in the left arm, threw a screwdriver striking him and hitting him above the right eye and struck him on the head with a heavy glass bottle causing a laceration and swelling. The mother is currently out on $1,000.00 bail. During this time, while the Defendant was 2 attempting to make bail, the minor child was III the custody of the Plaintiff for several days. 9. During the incident between the parties which occurred on Tuesday, December 20, 2005, the Defendant indicated to the Plaintiff/Father that she would harm her and the child by driving off a bridge. 10. There are no allegations whatsoever in the Emergency PF A request alleging any abuse by the Plaintiff/Father towards the minor child. 11. The Plaintiff/Father avers that the Mother is not stable and it is in the best interest of his daughter that he be granted primary physical custody with supervised visitation in the Mother. Defendant/Mother suffers from depression and multiple sclerosis and fails to take her prescription medication as directed by her physician. 12. The Defendant/Mother, since December 22, 2005, is residing with her Mother in Grantville, Dauphin County, Pennsylvania, and even though the allegations concerning the abuse occurred in Cumberland County, Pennsylvania, the Defendant/Mother obtained a Temporary Order in Dauphin County, Pennsylvania. 13. The Mother and the minor child, it is believed, are residing in a cramped mobile home. There are not enough bedrooms for the minor child and the Mother. 3 14. There has been no prior action for custody or visitation in this matter. 15. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor child in this or any other Court. 16. The Plaintiff has no information of the custody proceedings concerning the child pending in a Court ofthis Commonwealth or any other state. 17. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff, William Reichwein, respectfully requests your Honorable Court to grant him primary physical custody with supervised visitation in the Mother. Respectfully submitted, '. BY: L Ht\- , rthur K. Dils, Esquire 10 17 North Front Street Harrisburg, PAl 71 02 (717) 232-9724 1.D. No. 07056 4 . r;;" ~ I hit' It . Temporary Protection From Abuse Order Pagc I or~ FILED DEC 23, 200511:54 AM Jennifer Kennedy, On behalf of herself and minor child Tabitha Reichwein : IN THE COURT OF COMMON : PLEAS : DAUPHIN COUNTY, : PENNSYLVANIA Plaintiff v. : No. 2005 cv 5343 ab William Reichwein : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: William Reichwein Defendant's Date of Birth is: October 24,1976 Name(s) of All protected persons, including Plaintiff and minor children: 1. Jennifer Kennedy AND NOW, on 23rd Day of December, 2005 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. 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 infollD 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. 3. THIS ORDER APPLIES lMMEDIA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JUNE 23, 2007 OR UNTIL OTHERWISE https:j www.pfad.org/PF ADLive/temporder.asp?temporder!D= l27544&cmdMove=View... 12/27/2005 Temporary Protection From Abuse Order Page 2 of 3 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.e.S. 96114. 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. 96113. 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 V.S.e. 992261- 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 th<;, defendant may be located. If defendant violates Paragraph I 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 weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THILCQlJR_T: Joseph H. Kleinfelter DECEMBER 23, 2005 Date Distribution to: Prothonotary for service on Pennsylvania State Police and Harrisburg Police Department Dauphin County Sheriff: Serve Plaintiff Victim Assistance Program Serve Defendant Dauphin County Sheriff h ttps:/ /v';w\v. pfad.org/PF A DLive/temporder.asp?temporderID= 12 7 544&cmdM ove= View... 12/27/2005 Tcmporary Protcction Prom Abuse Order Page 3 of3 Pennsylvania State Police Department (Plaintiffs Residence) East Pennsboro Police Department (Defendant's Residence) Other: This verifies that the above document is on file with the Dauphin County Office of the Prothonotary. https://www.pfad.org/PP AD Live/temporder.asp?temporderID= 127 544&emdMove= View... 12/27/2005 VERIFICA TION I verify that the statements made in this Complaint for Physical Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CoSo Section 4904 relating to unsworn falsification to authorities. I~ 'lL- ' AM REICHWEI ------.. Date: j :L / ..[ 7 ) -<! cx:;e> 5;- CERTIFICA TE OF SERVICE I, Arthur K. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint has been served upon the following individual by first class certified, restricted delivery, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the 27th day of December 2005, addressed as follows: Jennifer Kennedy 211 Houston Street Grantville, P A 17028 Respectfully submitted, BY: .~ {~it/~~/( jQd Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PAL 7102 (717) 232-9724 LD. No. 07056 Date: December 27, 2005 , ~ \.:) {,g., ?jS: -..... \L -..... --- ~ 1-t R) --- C> tv \)..J ~ -J w ~ F J~ o c: r-.> <:::::';) '.:~. ., ell CO 6':'" c~; r<> cc ..i." ~~~ '~! -.., i> L: :D -< WILLIAM REICHWEIN, Petitioner vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005- In 757 Civil CIVIL ACTION - LAW CUSTODY JENNIFER KENNEDY, Respondent PETITION FOR EMERGENCY RELIEF AND NOW, this 27th day of December 2005, comes the Petitioner, William Reichwein, by his attorney, Arthur K. Dils, Esquire, and respectfully requests the following: I. The Petitioner, William Reichwein, is an adult individual, currently residing at 320 West Shady Lane, Apt. 1, Enola, Cumberland County, Pennsylvania 17025. 2. The Respondent, Jennifer Kennedy, is an adult individual currently residing at 211 Houston Street, Grantville, Dauphin County, Pennsylvania 17028. 3. The Petitioner and Respondent were never married; however, as a result of the parties living together, one child was born; namely: Tabitha Reichwein, having been born August II, 2005. 4. Simultaneously with the filing of this Petition, a Complaint for Primary Physical Custody is being filed. 5. The Respondent filed and obtained an Order of Court in the Court of Common Pleas of Dauphin County, Docket No. 2005 CV 5343 AS granting her a Temporary Order for Protection from Abuse. Attached hereto and marked Exhibit "A" is a copy of said Temporary Order. 6. A Hearing is scheduled before the Honorable Joseph H. Kleinfelter in the Court of Common Pleas of Dauphin County on Wednesday, January 4, 2006, at 9:00 a.m. for a determination as to whether the Temporary PF A Order should continue in effect. 7. It is noted that the Respondent requested protection on behalf of herself and the parties' minor child; however, the Order was granted for the protection of Respondent only. 8. At the time that the Petitioner was served with the PF A Order, the Police requested that he turn the child over to the Respondent and the Petitioner complied with this request. 9. After an Emergency Protection Order was entered at night court in the City of Harrisburg Police Department on Thursday, December 22, 2005, the Respondent, Jennifer Kennedy, was subsequently arrested and charged with simple assault and harassment as a result of her stabbing 2 the Petitioner/Father in the left arm, threw a screwdriver striking him and hitting him above the right eye and struck him on the head with a heavy glass bottle causing a laceration and swelling. The mother is currently out on $1,000.00 bail. During this time, while the Respondent was attempting to make bail, the minor child was in the custody of the Petitioner for several days. The mother had been breast feeding the child, the child started on formula in October 2005. 10. The minor child will not be harmed in any way by granting the Petitioner/Father emergency physical custody. II. The minor child has resided in the home of your Petitioner since her birth and all of her necessities are in your Petitioner's home. 12. During the incident between the parties which occurred on Tuesday, December 20, 2005, the Respondent indicated to the Petitioner/Father that she would harm her and the child by driving off a bridge. 13. There are no allegations whatsoever in the Emergency PF A request alleging any abuse by the Petitioner/Father towards the minor child. 14. The Petitioner/Father avers that the Mother is not stable and it is in the best interest of his daughter that he be granted physical custody. Respondent/Mother suffers from depression and multiple sclerosis and fails to take her prescription medication as directed by her physician. 3 IS. The Respondent/Mother, since December 22,2005, is residing with her Mother in Grantville, Dauphin County, Pennsylvania, and even though the allegations concerning the abuse occurred in Cumberland County, Pennsylvania, the Respondent/Mother obtained a Temporary Order in Dauphin County, Pennsylvania. 16. The Mother and the minor child, it is believed, are residing in a cramped mobile home. There are not enough bedrooms for the minor child and the Mother. 17. There has been no prior action for custody or visitation in this matter. WHEREFORE, Petitioner, William Reichwein, respectfully requests your Honorable Court to grant him physical custody from Saturday, December 31, 2005, at 2:00 p.m. until Wednesday, January 4,2006. Respectfully submitted, BY: U~~~/U Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 LD. No. 07056 4 I . . . eXhfhlf A TCllljlorary Protection crolll Abuse Order Page 1 of:1 FILED DEe 23, 2005 11 :54 AM Jennifer Kennedy, On behalf of herself and minor child Tabitha Reichwein Plaintiff : IN THE COURT OF COMMON : PLEAS : DAUPHIN COUNTY, : PENNSYLVANIA v. : No. 2005 cv 5343 ab William Reichwein : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: William Reichwein Defendant's Date of Birth is: October 24,1976 Name(s) of All protected persons, including Plaintiff and minor children: I. Jennifer Kennedy AND NOW, on 23rd Day of December, 2005 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintifrs request for a temporary protection order is granted. I. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. 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 infornl 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. 3. THIS ORDER APPLIES IMMEDIA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JUNE 23, 2007 OR UNTIL OTHERWISE httjls:i/www.pfad.org/PF ADLive/temporder.asp?temporderID= I 27544&cmdMove=View.. . 12/27/2005 Tcmporary Protection From Abuse Order Page 2 of 3 '. 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. 96114. 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. 96113. Defendant is further notified that violation ofthis Order may subject himlher 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. 992261- 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 tht< defendant may be located. If defendant violates Paragraph I of this Order, defendant shall be arrested on the charge ofIndirect 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 ofthis Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: Joseph H. Kleinfelter DECEMBER 23, 2005 Date Distribution to: Prothonotary for service on Pennsylvania State Police and Harrisburg Police Department Dauphin County Sheriff: Servc Plaintiff Victim Assistance Program Serve Defendant Dauphin County Sheriff https:!/www.pfad.org/PF ADLive/temporder.asp?temporderID= 127 544&cmdMove= View... 12/27/2005 Temporary Protection From Abuse Order ': Page 3 of 3 Pennsylvania State Police Department (Plaintiffs Residence) East Pcnnsboro Poliee Department (Defendant's Residence) Other: This verifies that the above document is on file with the Dauphin County Office of the Prothonotary. https://www.pfad.org/PFAD Live/temporder.asp?temporderID= 127 544&cmdMove= View... 12/27/2005 .' .' VERIFICA TION I verify that the statements made in this Petition for Emergency Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, I //I~'A WII; AM REICHWEI " -., Date: /2/;;' 7/;W?JS CERTIFICATE OF SERVICE I, Arthur K, Dils, Esquire, hereby certify that a true and correct copy of the within Petition for Emergency Relief has been served upon the following individual by first class certified, restricted delivery, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the 27th day of December 2005, addressed as follows: Jennifer Kennedy 211 Houston Street Grantville, PAl 7028 Respectfully submitted, BY: U~0/4d Arthur K, Dils, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 I.D, No, 07056 Date: December 27, 2005 r--' 0 ,~,~ ~"-:J -11 (') JQ .-;-'\ :::::l c:~ _i_ -fl 1- 7"~ B reI i"i';:-::::: ,-) "~:\-:'~ I'-~ " 0") () .-;', B _\_1 --... -- .' , ion - ......:) W ,-:) '-'.-\ .,-., }J ~ ~ :;;!. oJ _J W (y ~ J- WILLIAM REICHWEIN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER KENNEDY, DEFENDANT 05-6759 CIVIL TERM ORDER OF COURT AND NOW, this iO day of December, 2005, the within petition for an emergency order from Saturday, December 31,2005, at 2:00 p,m. until Wednesday, January 4,2006, at 9:00 a.m., IS DENIED.1 By the Court, '. ;t/~o/ ~K ~ Edgar . Bayley, J, Arthur K. Oils, Esquire F or Plaintiff Jennifer Kennedy, Pro se 211 Houston Street Grantville, PA 17028 I) ~ 70 0) C!~ ~,t ']1iS :sal 1 If following the hearing in Dauphin County on January 4, 2006, plaintiff seeks an emergency order to immediately transfer custody of Tabitha to him, it should be presented to this judge who will schedule a hearing, 7:', ~. \...!-J'~;: (lc (-;,i "_~ {"",l_'-- :1.":0.. ~"J:i U---.:L- .- \.1.- () tn o - - ~ o c''} r":> \._d o er- e::? <'::i .. -, (..J WILLIAM REICHWEIN PLAINTIFF IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA v, 05-6759 CIVIL ACTION LAW JENNIFER KENNEDY IN CUSTODY DEFENDANT OROER OF COURT AND NOW, Tue,s~.aI' Jauuary 03, 2006 ..,' upon consideration of the attached Complaint, it is hereby directed that pariies and their respective counscl appear before Melissa p, Greevy, Esq, , the conciliator, at MDJ Maulo"e's,I90I~!~_t~ St., Camp Hill, PA I711.!! on .., FEi.<ia.YJ.February 10, 2006 at 1:30 PM for a Pre-Hcaring Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or ifthis 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 mav 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 110 scheduled hearing, FOR THE COURT. By: isi Melissa p, Greevy, Esq, Custody Conciliator fll1 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans 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 ofllce, 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 THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE 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 Associat:ion 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 I 7) 249-3166 , icJ3Q., 9t- \~7 ~w ~cLoJ 'S; ICL Aft(} of-l~] I~W /'C1U -r(jIt-<r3J :"','.;nJ 80:' I !(\} S- l1\!r 9ilOZ 3111.:10 3J:::\::i~).(Fn;j "j0 -:5-{ WILLIAM REICHWEIN, Plaintiff vs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No, 2005- &151' Civil JENNIFER KENNEDY, Defendant CIVIL ACTION - LAW CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdraw the Complaint for Primary Custody filed on behalf of the Plaintiff, William Reichwein, in the above captioned matter. Respectfully submitted, ./-"'1 BY: , A " ;J ,-' , i,' , (,I$Z~- ;/ _Dt Arthur K, Dils, Esquire 10 17 North Front Street Harrisburg, P A 17102 (717) 232-9724 1.0. No, 07056 DA TE: January 6, 2006 c . , CERTIFICATE OF SERVICE I, Arthur K. Dils, Esquire, hereby certify that a true and correct copy of the within Praecipe has been served upon the foJlowing persons by depositing the same at the Post Office at Harrisburg, Pennsylvania, First Class Mail, on this 6th day of January, 2006 addressed as follows: Jennifer Kennedy 211 Houston Street Grantville, P A, 17028 Respectfully submitted, BY: 1 /?~~-// IlL rthur K. Di1s, Esquire 1017 North Front Street Harrisburg, PAl 7102 (717) 232-9724 LD, No, 07056 Date: January 6, 2006 ("'] ~ ;~~') ".~'.. c~ --' :-r: in '.- " . O^' ~ c--, -,", en (.;'; //----- ( !) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2005-6759 CIVIL TERM WILLIAM REICHWEIN, v. CIVIL ACTION - LAW JENNIFER KENNEDY, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this L day of t~ , 2006, counsel for the Plaintiff having filed a Praecipe to Withdraw Custody Count on January 6, 2006, in this action, the Conciliator hereby relinquishes jurisdiction of the above captioned matter, FOR THE ?1RT: Bt~ilw f!t~ Melissa Peel Greevy, Esquire Custody Conciliator Dist: Arthur K, Dils, Esquire, 1017 North Front Street, Harrisburg, PA 17102 Jennifer Kennedy, 211 Houston Street, Grantville, PA 17028 ^-~~ J, JO,OL. +, :268441 \!nJ L II : I lid 0 i fTi %DZ _1(., _.v