HomeMy WebLinkAbout94-01410
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN'fY, PENNSYLVANIA
CIVIL "CTION - LAW
NO. CIVIL 1994
No (}LI_ Fill) (iv, I lor~
PROTECTION FROM ABUSE
CAROL RIIDI:NBACH l
puintiff
THOMAS W, REIDENB"CH,
Defendant
TEMPORARY PROT~CTIVE ORDER
AND NOW, this
:n-
day of March, 1994, upon presentation
and consideration of the within Petition, and upon finding that the
plaintiff, Carol Reidenbach, now residing at 1925 Esther Drive,
carlisle, Cumberland county, pennsyl vallia, and their three minor
children are in immediate and present. danger of abuse from the
defendant, Thomas W. Reidenbach, the following Temporary Order is
entered,
The defendant, Thomas w. Reidenbach, now residing at 1925
Esther Drive, Carlisle, Cumberland County, PennsylvanJ.a, is hereby
enjoined from physically abusing the plaintiff, Carol Reidenbach,
and their three minor children or placing them in fear of abuse and
i. excluded from the residence located at 1925 Esther Drive,
carlisle, Cumberland county, Pennsylvania, a residence which is
owned jointly by the plaintiff and the defendant. The defendant is
hereby notified that it he resides in the plaintiff's domicile
contrary to this order, he may be in indirect criminal contempt
which i. punishable by a fine not to exceed $1,000.00 and/or by a
.entenoe of up to six months in jail and any other appropriate
punishment.
Resumption of co-residence on the part of the
plaintiff and defendant ahall not nullify the proviaions of the
court order direotinq the defendant to refrain from abusinq the
plaintiff and their three minor ohildr~n.
The defendant is ordered to refrain from havinq any direct or
indireot oontaot with the plaintiff ~nd their three minor ohildren
inoludinq, but not limited to, telephone and written
oommunioation..
The defendant is enjoined from harassinq and stalkinq the
plaintiff and from harassinq the plaintiff's family.
The defendant is enjoined from phoninq or enterinq the
plaintiff'. plaoe of employment.
Thi. Order shall remain in effeot until a final order i.
entered in this oase. A hearinq shall
(. r'" 1.. ..
the "' 1 day of ~~ , 1994, at
.-
~" ..,
No.~, Cumberland County Courthouse, Carlisle, PQnnsylvania.
be held on this
~: jo 11m., in
matter on
Courtroom
The Cumberland county Sheriff's Department shall attempt to
Il\ake .ervioe at the plaintiff's request, but servioe may be
aooompli.hed under any applicable rule of Civil Procedure.
The appropriate police departments will be provided with a
copy of this Order by the plaintiff's attorney. This Order shall
be enrorced by any law enforoement aqency where a violation occurs
by arrest for indirect oriminal contempt without warrant upon
probable cause that this Order has been violated, whether or not
the violation i. committed in the presence of the police offioer.
In the event that an arrest is made under this section, the
defendant ahall be taken without unnecessary delay before the court
that i.aued the order. When that court is unavailable, the
defendant ahell be taken before the appropriate diatriot jUatioe.
(33 P.S. I 6113).
By the court,
JudVft
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IN TH~ COURT OF COMMON PLEAS OF
CUMB~RLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
"I
I
CAROL RIXDINBACHi
P aintitt
THOMAS W. REIDENBACH,
DeteneSant
NO,
CIVIl. 1\194
PROT~CTION FROM ABUSE
110'1'101
You have been .ueeS in court. It you wish to detend again.t
the claim. .et forth in the tollowing pages, you must take action
promptly after this Petition, Order and Notice are sel'ved, by
appearing personally or by attorney at the hearing scheduled by the
Court and pre.enting to the Court your de tenses or objections to
the claim. .et forth against you. You are warned that it you tail
to do .0 the Court may proceed without you, and a judgment may be
entereeS against you by the Court without turther notice for any
money claimed in the Petition or tor any othor claim or relief
reque.ted by the plaintiff. You may lose money or property or
other rights important to you.
YOU IHOULD TAKI THII 'A'IR TO YOUR LAWYIR AT ONOI. Ir YOU DO
MOT KAVI A LAWYll OR CABHOT ArrORD ONI, 00 TO OR TILI'HONI THI
OrrICI liT rOITH .ILOW TO rIND OUT WHIRl YOU CAN OIT LIOAL HIL'.
COURT ADMINISTRATOR, 4th FLOOR
cUMB~RLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER I (717)240-6200
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CAROL REIDENBACH1
puintitt
THOMAS W. REIDENBACH,
Ddendant
NO.
CIVIL 1994
PROTECTION FROM ABIISE
>>ITITIOH rOR PIOTICTIVI QRDIR
.ILII' UHDI. TII PIOTICTIOH rROM AIUII
ACT, 23 P... . .101 It .eq.
A. AIU.I
1. The plaintiff is an aduJ,t individual whose permanent
addre.. il 1925 Esther Drive, carlisle, Cumberland CQunty,
Pennlylvanla, 17013.
2. The defendant is an adult individual residing at 1925
Either Drive, Carlisle, Cumberland county, Pennsylvania, 17013.
3. The plaintiff and defendant have been living together as
hUlband and wife since June 18, 1983.
4. The plaintiff and defendant have three minor children,
on. age seven and twins age four.
5. Since approximately 1987, the defendant has attempted to
cause and has intentionally, knowingly, or recklessly caused bodily
injury to the plaintiff and their three minor children and by
phy.ical menace has placed the plaintiff and their three minor
ohildren in fear of imminent serious bodily injury. This has
inoluded but i. not limited to the following specific instances of
abu.el
a. on or about March 19, 1994, the defendant went to
work taking all of the keys to the house, and cars, the checkbooks,
and savings book.. plaintiff went to the bank only to find that
defendant had withdrawn all of the money in their aooounts.
b. On or about Maroh 18, 1994, the defendant joined
plaintiff and her seoretary, Traoi Coon, at the Gingerbread Man in
Carli.le, Cumberland County, Pennsylvania, 17013. Defendant bought
plaintiff a drink, plaintiff asked defendant to sit down so the
ohair would not get taken, defendant did not know if he wanted to
.it down, plaintiff told him to makeup his mind so someone olse
oould u.e the ohair so it would not get taken. Defendant said,
"tine I won't sit down, I'll get the fuck out of here and go home."
When plaintiff got home, defendant started to fight with her in
front of the kids. Plaintiff said she would not fight with him in
front of the children, and oalled her parents to oome and get them.
plaintiff's parents refused to oome, so defendant oalled his
parsnts, and they came and to get the ohildren. Defendant then
asked plaintiff it she wanted a divoroe. Plaintiff said yes,
defendant .aid fine. Defendant asked plaintiff who her attorney
would be and she replied, Bill Dunoan. Defendant said, tine.
De"endant then told plaintiff, you are not going to get the kids,
plaintiff replied that she would not let him have them, Defendant
then picked plaintiff up and threw her across the kitchen.
Defendant then told her to "get out of my house." plaintiff said
no and defendant then drug plaintiff across the kitchen, pioked her
up and physioally threw her out of the door. Plaintiff oalled her
aunt from her van to piok her up and has been staying with her
since then.
c. Early in the morning, on or about Maroh 18, 1994,
the plaintiff called defendant to jump the dead battery in his oar.
Defendant showed up in plaintiff's van with both of their
daughter.. Defendant oUBsod at plaintiff, plaintiff flipped
defendant the finger, defendant then pulled plaintiff out of the
oar .haking and yelling at her. plaintiff then drove her van horn.,
While on the way home plaintiff's daughter said to her, limy dad
says your a dumb fuokinq bitch. II
d. On or about January, 1994, the plaintiff was stuok
in their driveway because of the snow. The defendant kiok.d
plaintiff in the leg while wearing steel-toed boots. Plaintiff's
.eor.tary, Traci Coon witnessed the bruises from this incident.
e. On or About Winter, 1994, Plaintiff and Traci Coon
w.nt to happy hour at the Gingerbread Man in Carlisle, Cumberland
County, Pennsylvania, Traci's boyfriend called carol's house
looking for her, but asked for Carol. Defendant, enraged, called
plaintiff at the establishment ordering her to come home right now.
plaintiff went home. Traoi called plaintiff'S house to explain
reaohing only the son. The son was afraid so Traci oame to the
house, Defendant then threatened Traoi Coon.
f. On or about January 1, 1993, plaintiff and defendant
were to take the ohildren to see plaintiff's grandmother in a
nursing home. Defendant began to fight.: with the plaintiff, grabbed
the ohildren, took them into the house and locked the plaintiff
out. plaintiff broke the screen door to get in to get the
ohildren. plaintiff got the children and went to visit her
qrandmother.
q. on or about Bummer, 1993, Defendant punched his Bon
in tht stomach in front of one of son's friends.
h. On or about 1993, plaintiff threatened to stab
defendant when he WIlS slappin'1 her around to make him stop. He
.topped and oalled plaintiff parents ri'1ht away to tell them their
daughter tried to atab him.
i. On or about 1991 or 1992, Plaintiff had nai'1hbors
over for pizza. One of defendant/a two or three year old dau'1hter~
dr.nk half of his glass of lemonade, Defendant went crazy yelling
and swearing at the ohild.
j. On or about 1987, defendant kicked in the side ot
plaintiff's new oar with hia steel-toed boots when she tried to get
away from him.
k. Defendant/s daughter was upstairs cryin'1 because ahe
did not want to '10 to bed, Defendant went upstairs to take care .of
her. Plaintiff went up because dau'1hter continued to cry.
Plaintiff found daughter with a hand print welt across her bottom.
Plaintif1? took the child to show her mother, and told her miniater
about it the next day at counselin'1.
1. The defendant has pulled the phone out of the wall
when plaintiff has threatened to call the police.
m. The defendant has continued to yell and swear at the
plaintiff and her three children daily. He grabs and ahakes
plaintiff and the children often.
6. The plaintiff believes and therefore avers that she and
her three minor children are in present dan'1er of abuse from the
defendant and that they are in need of protection from such abu.e.
7. The plaintiff desires that the defendant be prohibited
from havinq any direct or indirect contact with the plaintiff and
"
I
their three children inoludin9, but not limited to, telephone and
written communications.
8. The plaintiff desires that thlJ detendant be enjoined from
hara..inIJ and .talkin9 the plaintiff I and from harassin9 the
plaintiff/s relatives.
9. The plaintiff desires that the defendant be restrained
t.rom enterinIJ her place of employment.
10. The plaintiff desires that the three minor ohildren be
placed in her exolusive care and custody,
B. IXCLU8IVI POIII18IO~
11. The house and property from which the plaintiff i. askinIJ
the court to exclude the defendant is owned in the name of both
plaintiff and defendant, as husband and wife.
a. LOlliS
12. The plaintiff asks for attorney's fees for Duncan' otto,
P.c., court costs and filing fees pursuant to the Proteotion from
Abuse Act.
WHEREFORE, pursuant to the provisions of the "Proteotion from
Abu.e Aot" of ootober 7, 1976,23 P,B. S 6101 n U.ll., alS amended,
the plaintiff prays this Honorable Court to grant the following
relief I
A. Grant a Temporary Order pursuant to the IIproteotion from
Abu.e Aotl"
1. ordering the defendant to refrain from abusing the
plaintiff and their three ohildren or plaoing them in fear of
abu.e,
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2. Orderinq the defendant to refrain from havinq any
direot or indireot contact with the plaintiff and their children
includinq, but not limited to, telephone and written
cOl\llllunioations,
3. ordel:1nq the defendant to refrain from hara.sing the
plaintiff's family,
... Prohibiting the defendant fronl entering the
plaintiff's place of employment,
6. Orderinq the defendant to st.ay away
re.idence located at 1925 Esther Drive, carlisle,
County, penn.ylvania, and
6. Orderinq the defendant to stay away from any
re.idence the plaintiff may in the future eetablish for herself.
B. Schedule a hearinq in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearinq, enter an
order to be in effect for a period of one yearl
1. Orderinq the defendant to refrain from abusing the
plaintiff and their three children or placinq them in fear of
abu.. .
from the
cumberland
2. Ordsring the defendant to refrain from having any
direct o. indirect contact with the plaintiff and their ohildren
includinq, but not limited to, telephone and written
cOl\llllunication..
3. Orderinq the defendant to refra in from harassing and
.talking the plaintiff and from harassing the plaintiff's family.
... Prohibiting the defendant from enterinq the
plaintiff'. plaoe of employment.
~. ordering the defendant to stay away from the
re.idenoe located at 1925 Esther, Drive, carlisle, Cumberland
County, Penn.ylvania.
6. Ordering the defendant to stay away from any
re.!dence the plaintiff may in the flJture establish for hereel f .
7. ordering the defendant to pay attorney's fees to
Duncan , otto, P.C.
The plaintiff further asks that this Petition be f Hed and
served, pending further order at the hear,ing, and that certified
copie. of this Petition and Order be deliverea to the appropriate
police departments with jurisdiotion to enforoe this Or.der.
The plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
,
1;(' %/ -
~:~l~. M::~~~~~1q~~
Attorney for Plaintiff
Duncan' otto, P.C.
1 Irvine Row
carlisle, PA 17013
(717) 249-7780
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HIf~;rlt 10'10' t H JU':'I\JHN
~inl OF P~:NNBVI.vANl^,
COOm'Y Of' CLMBERlNID
In The Court of Common Pleas of
Cumherland County, Pennsylvania
No, 94-1410 civil Term
Temporary Protective Order
Protection From Abuse Notice &
Petition
Carol Reidonbach
VS
Thomas W. Reidenbach
Robert I.. fink
___, :Mlltlt<f(~if Deputy Sheriff of
CUlVJedand County, PennsylvanIa, who boing duly sworn according to law, says,
that he served tho within Temporary ProtectIve Order Protection from Abuse
Not ice,--PeTi t Ion
upon Thomas W. Re iden b,:,.ch __.' tho dofend/mt, at 11145 0 'clock
A .M. EST / UlI'I, on the --.---3~~.___ day of
~~}e Aire Drive, Carlis~.~______
March
. 19....!:\st
, CUmberland County,
Pennsylvania, by handing to
Thomas Reidenbach
a true and attested copy of the Tempornry Protec t ive Order Protec tion F'rpm
1iffiI 8 e -NOl:LC e & P e l:rtnm
and at tho Sdll10 timo dirocting his __.__ attention to the contents thereof and
the "JIIotice to Ple/ld" ondorsoo thoroon.
Sheriff' B Costs I
llocketing
Service
Affidavit
Surcharge
So Mswqrs}-/ . .-J
-~O.p. . ,'-::::-"
r 4~~~./":''''-'''''''''' .1'~~.,:::"..~
(
14.00
2. 80
2.00
18.80 Pd. by Atty.
3-25-94
R. Thanas Klino, Sheriff
by~/t:t-c7:rk
Deputy Sheriff
Sworn and Bubscribcd to before 1m
this . ,J'I t!
day of Jl1u, 1--
19 '7'( ^.ll.
"P;"I! ..-' 0, lk,tP<>~ ,--O.all:'.
I , -t-~
Prothonotary
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I IN ~HE COURT OF COMMON PLBAS OF
I CUMBBRLAND COUNTY, PENNSYLVANIA
I
I NO. 94-1410 - CIVIL
I
I Proteotion From AblJ..
I
CAROL REIDENBACH[
Plaintitt
THOMAS W. REIDENBACH,
Detendant
MOTION FOR CONTINUANCE
TO THE HONO~BLE GEORGE E. HOFFERI
LAW Q'''cu
aNII-IAk."
.
.~INNIM.N
AND NOW, oomes the Detendant, Thoma. W. Reidenbaoh, by and
through hi. Attorney., snelbaker , Brenneman, P.C., and state.
the tollowing in support ot thi. Motionl
1. A hearing i. ourrently .oheduled on thi. matter on the
39th day ot Maroh, 1994 at 9130 A.M. in Courtroom No.3 or 6,
cumberland county Court Hou.e, Carli.le, Pennsylvaltia,
3. One ot Detendant'. witn..... tor the hearinq is Renneth
Trea.ter, Jr., brother ot the Plaintitt herein. Renneth
Treaster, Jr. i. a member ot the Quarryville (Lanoaster county),
P.nnsylvania polioe toroe.
3. Renneth Treaet.r, Jr. will be unable to be pre.ent at
the hearing ourrently .oheduled in thi. matter. He i. required
to attend a preliminary hearing in a pending oriminal. matter in
Lanoaster County at 9100 A.M. on Tue.day, Maroh 29, 1994. Ba.ed
on intormation and beliet, the preliminary hearing involves tho
tran.ter ot a pri.oner trom Gratertord Prison and ha. been
oontinued on previou. oooa.ion..
4. Mr. Trea.ter'. testimony is vital to the r..olution ot
this matter.
j I'".'
5. D.t.ndant und.r.tand. that it may be n.c....ry to .xtend
the temporary proteotive order pur.uant to 23 Pa. C.S. 56107(0)
until a hearinq on this matter is held.
6. Coun.el tor Detendant ha. intormed couns.l tor Plaintitt
ot the ne.d tor a oontinuanoe in thi. matter. As ot the time ot
the preparation ot this Motion, Plaintitt's ooun.el had not yet
repli.d to the reque.t tor oontinuance. Due to the time
oon.traint. involved, Defendant'. oounsel oould wait no lonqer
tor a reply.
WHEREFORE, Detendant, Thomas W. Reidenbaoh, r..peottully
request. your Honorable Court to order a oontinuanoe ot the
hearinq ourrently soheduled tor Maroh 29, 1994 at 9130 A.M.
SNELBARER , BRENNEMAN, P.C.
BY4~(d,"Y~e.
ilip~ . S are
44 W..t Main street
Meohanio~bur9' PA 17055~031B
(717) 697-8528
Attorney. tor Detendant
,
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LAW O,,"CU
.NILIAKI"
.
I~INNIMAN
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CAROL REIDENBACHi I IN THE COURT OF COMMON PLEAS OF
P aintitt I
I CUMBERLAND COUNTY, PENNSYLVANIA
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v. I CIVIL AC'l'ION - lAW
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THOMAS W. REIDENBACH, I NO. 1410 CIVIL 1994
Detendant I
I PROTECTION FROM ABUSE
1I010nl
TO THE PROTHONOTARY OF CUMBERLAND COUNTY I
Plea.. mark the above captioned case discontinued. Thank you,
:f~// JttUJ< ~-~
Rachel L. Mensch, Esquire
Attorney tor Plaintitt
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