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HomeMy WebLinkAbout94-03949 JESSICA ANN RINIER, Plaintiff IN TilE COURT OF COHHON PLEAS OF CUHBERLAND COUNTY, PENNSYLVANIA NO, 94 - 3949 CIVIL TERM v. PROTECTION FROH ABUSE AND CUSTODY SCOTT HARRISON BROWN, Defendant ~ROTECTIVE ORDER AND NOW, this ~ day of July, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, SCOTT IIARRISON BROWN, is enjoined from physically abusing the plaintiff, JESSICA ANN RINIER, or from placing her in fear of abuse. 2. The defendant, SCOTT HARRISON BROWN, is ordered to refrain from harassing or stalking the plaintiff, and from harassing the plaintiff'S relatives. 3. The defendant, SCOTT HARRISON BROWN, is ordered to stay away from the plaintiff'S residence located at 121 Third Street, Lemoyne, except to pick up and drop off the child at the doorway of the plaintiff'S apartment. 4. This Order shall remain in effect for a period of one year. 5. The Lemoyne Police Department will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, JESSICA ANN RINIER, plaintiff IN THE COURT OF COMMON PLEAS OF CUHBERLAND COUNTY, PENNSYLVANIA NO. 94 - 3949 CIVIL TERM v. PROTECTION FROH ABUSE AND CUSTODY SCOTT HARRISON BROWN, Defendant 1\ ~~ CUSTODY ORDER AND NOW, this'Jdl- day of July, 1994, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, VINCENT BROWN. 1. The plaintiff, hereinafter referred to as the mother, and the defendant, hereinafter referred to as the father, will share physical and legal custody of the child. 2. The mother and father will alternate physical custody each week transfering custody on Sundays at 6:00 p.m. 3. The mother and father will notify each other of all medical care the child receives while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 4. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the other parent. child's, i t'tlVl!.or "r~~/jlect ',~'I: I'i' : I 1 \'J! for the J. i JESSICA ANN RINIER, plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 3949 CIVIL TERM v. PROTECTION FROH ABUSE AND CUSTODY SCOTT IlARRISON BROWN, Defendant CONSENT AGREEHENT This Agreement is entered on this day of July, 1994, by the plaintiff, JESSICA ANN RINIER, and the defendant, SCOTT HARRISON BROWN. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, SCOTT HARRISON BROWN, agrees to refrain from abusing the plaintiff, JESSICA ANN RINIER, or from placing her in fear of abuse. 2. The defendant agrees not to harass the plaint:iff or the plaintiff'S relatives. 3. The defendant agrees to stay away from the residence located at 121 Third street, Lemoyne, except to pick up and drop of the child at the doorway of the plaintiff'S apartment. 4. The defendant, although entering into this Agreement, does not admit the allegations made in this Petition. 5. The defendant understands that the Protective order entered in this matter shall be in effect for a period of one year, 6. The defendant understands that t:his Order will be enforceable in the same manner as the Court's prior Temporary Protect:ive Order entered in this case. 7. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child: a. The plaintiff, hereinafter referred to as the mother, and the defendant, hereinafter referred to as the fnther, will share physical and legal custody of t:he child. b. The mother and tather will alternate physical custody each week transfering custody on sundays at 6:00 p.m. c. The mother and father will notify eoch other of all medical care the child receives while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the child is in that porent's care. d. Neither party shall do anything which moy est:range the child from the other parent, or injure the opinion of the child as to the other parent or which may homper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that on Order of court be .'j.., ".';! _ ~'l!I~~;liI1Jf,IJ~'*Ifi.f~_~~1'~~"~"~'''lC\'''~'''*~;'~1~il.:; (f) '.. , . .~ :j , '..F 'ii..:':;'-'-.,-,', . .;,. - .".," ",...:,;.-",.,...~..,---" , :,.....- -j' ""'~"~~'~' : :ri-- ".... {, I 'f . *.:1 ,,II 1 '" I' , ", -\I ~. .~ " .1 .' H i ,.~ i I r , 1 Uoclo.l't rw mbel of i-1"..II"uJn\1 Authority P I.;om",on 1'1... n..lt..' Numbtr Jll1a'lld,nhl,ul'unN\lmlJof,l OTN ABUSIl HD-0000024-94 . Final 1"1.11"0 Authorllyr1o ~ lOlT'pl.'''d by filla' IU\llng Authority , eTr.n'!'II~ mmln1tllllnulngAI'Ihollty CBARLIlS A, CLEHENT, JR, 0911101 r e Nlma and AddIH'(( .,1 Nama' 1!l1I ' Da"I~.nr" B I~~'I N_u y'~ln!lI.II..u'nu-Authollly CR-210-94 I BROlIN, SCOTT IIARRISON U Aft,.n! Who 81~nf'd Comlll..nIJNlml 1M ".-1"'_.1 240 S, 4TH ST. JE....RIl "RANKS LIDlOYNIl. PA 17043 LEHOYHE POLICE DIlPT 655 MARKET STRIlIlT LEHOYNIl, PA 17043 A 1& Of1l I" OCA {If" - 10)?-'1 ctilll1h 1'1 S.llt'fI<<' 13 Optratol Uel"" Numbet I'~: 3?'1f T ""21 00, Ii vy 12 04 72 H W PA0210500 r.:;- 11o.lftJIAIIH' 19 OaI.CompllinlrH~ I"" S,mmM' 0<1' ",,'" "W,","' I" S,mmo", ''''"'''''I'~! ~~ 11(~J I .:1 or CitatIon InuPd I ~~ I ~.I:~ "" I IX' I VV I MM I Oil ,VY"" 100 1 VY ~ VV or fIled ~ ""'I'm ".~("m "", I" Add.... 01 f'~I,ml"" ",~,",""mm', ,,,,, 3J C ..-.--, 0 Il..,lng V8 OtKl1ptlon of ell_ru" g::" Glad,ng ,'fAlI"'''ItJU&''vy IJO u onl~ 31 n.")l,III11on "" 00 VY I ~ I OJ' 'PJ'AI 125 I I I I I 'I 1 I 1 I :\4,Advioed 01 Hi, Alght V" No 35 Public ()clemjol V" No 30 Appllcolion Providod V" No 3' In c.... wmf/1l1O rtql,llrlld, line '~ ~ 0 0 [] 0 ~ WIthin namod l"l,llng AllthO/lty. dId make MM VY to Apptv tor Aulgnment Ueque&led by Iho lor Appointment 01 . ,...onabl. ef'Iol1lo Nttl'lhe dlfl.ttnu 01 Coontel? Dolend"nl? Public Uelendel? bttwMn lht Otf.ndanl.1'Id the Campleln."l on 38. Codotondont'" Nomo 39, OT 38, Codotondontl,l N.m. 39,OT b d d 40,Entllr 'e' tor wtlnell 41Wilnellos Names end Addre..o. and Names Bnd Addre..,s of porions .. .., .. 'or Complainant. (not mor.th.n 21, Ool.nd.nt wl,h.. to bo Notillod lor trlol ewam T"tlhed -" ~ Enter '0 IOf Wllnell '..~... 'Of Defendant ,~ .-, Attornsv', Nome snd Add.... lor: ... 10 No mmonweah 4e. ComDlalnanl 47, Delendanl Prlveto Other 'ti~'~"~ 00 Finn Amounl fiCO Jl,ldgm'nl01 B,ntent. rtl Cott, I I $ ,00 Is ,00 Name and Addleall 01 COlfVllale Burehi and Anenl 0I1ndividu81 Burehi.P,elimlmuu ^"ftlnnmenl B.II st Pr.llmln.N Arrslanment ~ Oat. Bail Potled &,3.Typ' 1:4 Amount .00 "M";' bll I VV ""I 001 VY Name and Addle" 01 Cmoolale GUlelv Bod An8nl or IndlvlduBI Gu,elv.PreUmlnarv ltearlnn Curr.nt B.IIIB.II 01 Pro 11m In. Ii..,inn 80 n.t. n_11 Potted ~n,pe I ~ Amount ~8"'\lR\ VV MM UO YY ,00 I I I I It If Committed U... 52 God. OJ !'llt' of CommltmfOnt 07 125 I 94 B CUHHIlRLAND CTY PRISO CARLISLE PA COPY, CLERK OF COURTS Cenified this 27 t It day of ,1994 Myc Aapc 601 A.94 PRINTED, 7/27/94 11120107 .-- -- - I UOt~1t ~mber 01 f .".II"u,"g AulnOlll.,. ri' C(>/TImO" 1'I,..l)I>(.~" ~umh" J 11111, IIlfl"', "11'"" Numl"f OTN ABU6I HD-0000024-94 4 fl~ IltUlllg Alllnnrllyflu I'" wmpl",d hy ""llluul"g Aulh,,"1y . " llTIlnl'.rr-.JI'nm 111"111 lllulng Au,tlOltty CHARLES A. CLEHENT, JR, I 09 11 101 I II Nam. and AddfHIII .11 Na"'.' "Ill ' !lal'llJlltnj'fl' 1lI)O:~"'I~I.lIr_'""i.I'..u,ngAulhu'lty CR-210-94 ~ BROlIN, SCOTT HARRISON ll~i,,;rWt;;' R,gnlfil C(IIt'III.,nl (Nlm, ,""1 AII'II."1 240 S. 4TH ST, JErrRI!:Y rRANKS ~ LEHOYHE, PA 17043 LEHOYNE POLICE DEPT 655 MARKET STREET LEHOYNE. PA 170U ~ 10..\"," 01 Ol"h I" r,..",R..,f' '3 Opt/llot (~'''M Numb./ r;: la 0\1 '10 OCA I' lladg' Nun,b,'/UI'I'ltllllJ T "'M21 on 11 vv 12 04 72 H If PA0210500 13-7 Ilo.tlofArr"1 III 0.,. Complalnl f lit<! I XI Bummo'" n.r. i"u.a " Wa'ranl I U Summon. nflliJtnt<!li i.l/}r~umln.ry Arllignm'nl II u.. "'......10 C""l ~~ I,~) 1 Q~ ::: f,::.\''''' I",,,, I ~~ I'~~I:~ ~~ I !Xl I vv ~~ I 00 I VV ~"IOO 1 VV lci/I' ~~ I QVl ~', ~~ ~"IOO I VV .. ....i'm ....'("'m I ,," I" Add..."" p,,"m''',~ ".."",""mm'~ ,,,,, 32 O..leBfltrOl' :l3 Prelimlna'V C ltearlng 0 pe OftC/lp!IOn of Cha/gn g:,. UlalMg I "L~.nMlu'I' vv <Xl Mn~~!'o'W 3' ()llpol,!lon ~~ ()() VV ~ ..nD n.. '5 g, RNCP I I I I -- I I I 304.Advtaed of Iii. nlghl V" No 35 Puhlic ()elondel V" No 36 Apphcatlon l'roVldod V" No 371n t.ll'l.mere to required, Ilhe O'1ro 0 D D [] D 0 Wllhln n.mlld IlIulng Authonty, did m.Il, ~~ VV 10 Apply lor Auignmonl l\oquo&lod by the lor AIlPolnlmelll 01 . ,...on.bl. tffort 10 ..11'- 1M dlff.,.r'\t-I of Coonsel? Oolond8nl1 I'ubllc Delender? betwHn Ih, Oel,nd.nl.~ th, Compl.ln.nlon IxCoa.l.nd.nll'l N.m. 39. OTN 38. Codefendenllll N.me 39.0T I. b d d 40, Enlel 'C' 101 witne.. 41.Witnlllles Names Bnd Add,e..es and Namos and Addrones of porions " " .. '0' Complalnanl Inot moreth.n 21. Oelend.nt wl.he,to be Nolified 10' t,l.1 Sworn THtlflt'd -" ! Elller '0 for Witno.. ''''w'' lor Defendalll ,.1. --. Mornev'. N.me end Add,e..lor: .a 10 No 45, Commonwoah tfI. Comnlalnenl 47. Defendanl Prlv.te Other 'L,r" Yl8""W Amoun! M! Judgmenl 01 Bell!lInu ~ Fine. .001$ ~, COil, I 1 $ ,00 NARlO tmd Add,o" 01 COI""Iele GUlOtv end Anent or IndivlduoISwerY.J'totimlnarv Analonment B.II.t Prelimln.rv Arr.lonment M Oall Oalll'oslPd " T'''I :' ...",,,, .00 '~8"i'~ I vv ~~IOl)IVV NaRlo and Add,e.. 01 Comorftte BUfohlend Anent or Individual Surelv.Prellmlnarv tto8Ilnn Current O.IVO.II el P,ellmlne v Hee,lnn 60 (lall n"1 Potted &nw-pe I ~ Amoun! ,00 bt"!/'i'\IR\ I vv "'''-100 1 vv II KCommlltlldOalt UO'Codll 8J I'lat.otComn,,'rn,n! 07 125 I 94 B CUHBERLAND CTY PRISO CARLISLE PA COPYI CLERK OF COURTS Certllled this 2 7l II day 01 ,10 94 641al, rlr*lIp,r.llnl If1Cou" Iollol UO vv ~!7 94 AOPC 601 A-94 PRINTtDI 7/27/94 11120107 \ 11)x.1r.1t N'jmt.1 rJ f U\llll..u'n~ A-ulhn,,'\, t' Cml1P1"'" ,'I"U 11.." ~..t ~~\lr't",' Jll1lltf'h"nltl'(lIlu.",.,."mllt'l HD-OOOOOH-U 'f;::~;'"tT~~:;~~~~.'~~"U '~'~----f~:r~fo1- II N.~ll1'r\ctAddf",(I..1 "'.111. f III'l OTN ABUSE !ll'lIr1tl''''.'llromtrHt'lllnuongAlIU,nr'lV 8 {M~.t No 01 !n,tlallnumg AulM"'y I ~ Thi. rortlon of lhle fOlm IL().I~ ~ IJI\It:. '.OpttIIOlllt,,,..Numh.t lU11II. (commencIng wl'h block 9) il MM . TiI~.'i'~ 'tV to bo complolod by you or 12 0.,72 H If PA VOU' .pplopll.l. dCIIgnoo iJ'L "2~ 'j;" "".'r.tr.\::,'::'I~~~:~:,'I~IIiIr' MM 00 vv _~A.G'lIAjlfJ1"Hi!1I~~~~10Hl~~~N{IN(1 '~SIl'I'nc;'r.lhm~.ryAI:II'V:~:nl aoJ~'I~W.lc'W ~~r~1f>rl fiiii1,~I{)N()rllAI((fJlllr. 07 25 94 5150 P 1m II.., mum ifti1"I~~ flaIl' 11..1 ~t Il[(~lf ,'\)11 ~ N[)~INAI J CABI1 .....-'i..II[I~.I.'H .....--j.lJu"" n .1)11~INIAttl{A!.I;!J{lOV111rA.IlIllnONl)H ~.tAm(l"nl II'&iJll~'U~ I~~~~~.t I I I I nfllA.11V lHllHI IVI10/-.j[)!] flHlHA.l(tHII\A11 , .00 I I 1n$c...~.lItIoIL~~'~ ""'h~t.~":"l'l'"'"'i" ';1 l16lillllllllll1 01 dlflrnsl tltl t'- It l"'I:'1\'II~' 11'9 SPt.llon llr'ut " (1,.- ['Ill ~~ 01 ''f"Y I- B\JbudlUn 1'\J'!1un. ell, JO lit lULl~J.41 111 ~6113 "'" 11111"'0 BRONN, SCOTT IIARR1S0N HO S, .TH aT, LEHOYNE, PA 170.3 UJ~I~ tll,,!.}[!]I!np yy roc"'" I 4l- INlfn IYflr 01 'I 'I I rllJNGoxJ[ IN "lOCK 10 I Ind'(,lmtnl ~ b.lOI",.lIoo 3 (lIAn!! J\J'Y WII~' "Olh.. ItP'Ofy btlowj .. I -';-~~.a.t....rllli VIOLA'l'1111Ulf ORDER-11'.rA1 -- TYPE OF DISPOSIT ION OTHER INFORMATION 101 GUILTY PLEA I-INAI 31, PRE.SENTENCE INVESTIGATION .. 102 GUILTY PLEA TO A LESSER OFFENSE PLEA A. PRE.SENTENCE.STATE I- 103 NOLO CONTENDERE B PRE.SENTENCE.COUNTY I- 2011 NOllE PROSSEDM'ITHDRAWN C. PSYCHIATRIC EVALUATION I- 202 QUASHEDIDISMISSEDiDEMURRER SUSTAINED lllB o PRE.SENTENCE ANO PSYCHIATRIC - 203 OTHER ISPECIFVt MISSAL E NOT REQUESTED 204 DISMISSAL UNDER PA R CRIM P 1100 32 TRIAL COMMENCED OATE I 3011 JURY 33 NO, TRIAL DAYS I I I tRIAL 302 COURT 34, DISPOSITION DATE 311 NOT GUILTY V~R, 35, SENTENCE DATE 312 GUILTY DIGT 36 EFFECTIVE DATE OF SENTENCI 313 GUILTY OF A LESSER CHARGE 37, FUGITIVE YES 401 ARD COUNTY NO 38 DEFENSE COUNSEL " 402 ARD STATE prNA\ Tv A PUBLIC DEFENDER I- 403 DISPOSITION IN LIEU OF TRIAL (lISP B PRIVATELY RETAINEO I- C. COURT APPOINTED I- 501 DIAGNOSTIC CLASSIFICATION CENTER o SELF REPRESENTED - 502' REGIONAL CORRECTIONAL FACILITY PRISON 39. DEFENSE COUNSEL NAME 40, 10 NO, ,--- 503 COUNTY JAIL 511 STATE IPBPPIIlEGULAR PROBATION 512 STATE (PBPPI PROBATION WIO VERDICT p,,,, 41 PRESIDING JUDGE ILAST NAME FIRsn -- __ 1513) _ COUN1Y,IlEGUlAIl PIlOBATION BAllON 514\ COUNTY,PIlORATION WIO VEIlDICT --- 521 flNES,TOTAL AMOUNT ONI Y $ flt'dB 42 COUNTY 3.CODE .~-_. . 1- 522 COSTS.TOTAL AMOUNT ONLY $ ANIl ___ ___ __ ~3 FINES AND COSTS SIJSPfNDED COSTS ____ __. (531) DEATH PENALTY Mise 44 NAME OF PERSON REPORTING 1---. -- _U'__ _ 532) MENTAL HOSPIT AL rm;-., ()' HrI1 r,;;r;--,rv, ----,,- -L , -...1-- " n II !l I' , N --- ~ (l , -'-- II II 1,,- , LI- t _",_.., I !; .t(l '.M.l~l)M 4' ~A~IMuM "W!l(~ Sftj'I~Cf COr,CIJ"RIIH fNIlRCHAAO( COOl IArltn U1SP091110N AND I ! ISENlENCINO or CASE, P->j ~ MIJS 11A,V!l vn9 Mf}9 (JAYS Ul'INNBltj'IIoIC( COtt&(CU'I~'llttflRCli'ROf IMAlltlllS rOf1M TO 1 COOl I AOM'N'STRAT'VE OFFICE OF PENNSYLVANIA COURTS I, I ,..___ _,_ _, DOCKETTRANSCRIPT UNIT I --- --.. ,- ---, ,--- .. 1515 MARKET STREET, SUITE 1428 1111 __ -- --- ---- --- -- - - -- -- PtilLAOELPHIA, PENNSYLVAN'A 18'02 - I I - .. -, ..,-- _n_ (215) 580.8300 !~ ~I O~n_.._n____.._ __.... _._.. __ , USE REVERSE SIDE FOil REMAIlKS '" PRINTED. 112 19 COPY I Cl,ERK OF COURTS Aope 001 B Y3 -- ~ - " . , ~Io.tl "umbel of' 1(1.llnlilng Alllh )r,ty "C:onlmonl'lf'lII ()ol,.,INumlH" JIl1.I.I<I.."U,t.t'(lflN"ml,., OTN ABUBE HD-0000024-94 4 fln.lltlulnQ AuthOflty"O be tomplpliPd by 1rI.,luu,"g AuthOllty " !I1.n,lpIrP<.!fun,'ru\I.lluu1ng,4,ulhpllly CHARLEB A, CLEHENT. JR, 10911T01 I I I e N.me alld Add~..(I..1 N.~"'TH'U ' Oa'jOl. r,,,i'" 8 Doc"" t!n. oI_lnltl'lluumg AlllhOllty CR-210-94 I BRONN, BCOTT I!ARRIBON g Alflanl Who 8,~nll'<j Campl,jnllN,m, ,nd Add'"'] 240 B. 4TII BT, JEFrRE FRANIlB LEHOYNE, PA 170U LEHOYNE POLICE DEPT 655 MARKET BTREET 0 LEHOYNE, PA 170U ~ l~..l!-w~!l'rlh II' B~I'J~' 1 J 0".,.101 lin"t' Numbflr I';;" HI unl 1'6 ocA l' o.dgl Numl!tl,f{)IfK;" I [) T MM21 00, I 'ty 12 04 72 H N PA0210500 13-7 18o.lfofAsret' ,. "''' Comp"',"'''. I '" "omm"" nil. in,.. "W.".', I" ",mm,'" """"I~!\II'm,".. A,,,,o,,m,"' J "M~t~ic;: I ~~ li~ I g~ ~:f!\~ton'''uPd I ri~ I ~~I:~ ,..... I on I VY MM I O(} I YY MM I DO I YV l~ r-j' ~.I Dr;. :4. ~~ "PI'rm Ihllll!Sum 111" n Addr... III pr.I,mln'ry 1i"'lng~umm'ry TII.l 3111aI,Betlm " I'rphmlnlry C If.luog 0 ~e o..crlpt1o/\ of Chlrg., ~ Or'd,ng ~.rttlJU.I'yv 130.I~~I'ti'rr 1;J1lJt'potitllon N .... n" " J.. I nO' iT - .,It Q4 I I I I I 1 I I I I ~ Advlted 01111. Righi v.. N, 35 Public Defender v.. N, 3ft Applicahon Provided v.. N, 37111 ca'" wII,I.1t! fllqUlfed. I the n,m, ~ 0 0 [J 0 ~ Wlthlll III~ I"Ulng Aulhollty. did mIke MM VV to Applv 101 At'ignmenl Requelted by the lor Appointment 01 I III.on.bl. tffotl 10 utili the dlft.',~ of Count811 Delendanl? Pubhc Ueland,,1 bltwHn lh, o.t,nd.nllnd th, Compllllllllt on 38, Codel6ndenll,I Name 39 OTN 38, Codefendanl,,1 Name 39,0 b b . d CO.Entat 'C' for witne.s 41.Witneuel Nomee and Addrelloa nnd Namea and Add,OUOI of poraona " " .. I! 101 Complalna"" Inol mo,o thon 2), Oolondonl wlahealo bo NolII,od lor 1,101 SWOIII 1..1I11.d -~ Enl8l '0 tor Witne.. .-"" tor Defondant ,~ ..-, A<<o,nliV'a Name end Add,o.. for: q 10 No 45. Commonwealtl 48. Comolalnanl 47. Defendanl Prlv.le O1hor 't.:r" !lJ*"~ Amount I "MOm.""''''''''' !)O nnH .00 Is &l CoIl' II s .00 Namo and Addle.. of Cor""I8te SurelV 8nd Aoenl or IndividuaI8ureh'.PrelimlllafV Analooment 0.11 61 Plcllmln6rv Arr.ln nmonl ~ tlfI Oettl 0.11 PotlPd ~ Trpe I: Amounl &t~11' VY MM I OIl I YY .00 'I I Name Rnd Addre&l 01 COI')Ofole Surety and Anent or Indivldu8lSuretu-PrelimlOllfV HBsrlnn Curronl 0.1110011 .1 Prellmln. Hoar inn 80 o.tlllllli! POItpd "Type I ~ ~mounl .00 '~.:I'i'\\l\ I YY "" 100 I " III "Committed nIl. 6i'Codp OJ 1'1.(. 01 ellmmI1m.fl! 07 125 I 94 D CUMBERLAND CTY PRIBO CARLIBLE PA COPY, TRIAL COURT ADMIN Cortlfied this dayo! My commission expires !lrst Monday 01 January, 1996. ,19_ SEAL I, tho abovo namod ISSUing Authorltv COlll1y lhalthls Transcrlplls a liuo ond corrocl Tianscrrpl of lho Dockot. AOPC 501 A.o4 PRINTED 1 7/27/94 11120107 - ---- .. ,\. , Dockei Humbtt d I. 'lIall..vlng ALlllWIlt)' 01 r;l'''H'H1I1I'I''Il.I>'M~1'1 Numllf'l lHl.t.klfll1I,II\AI.nnN."'nl.., OTN ABUSE HD-00000~4-94 CHARLBS A, CLEMENT, JR. B Nlrnt Inci;'dd'H,U..l Nal'" Hltt I 09 11 101 II II.".1;;;;;iT.nmlM'IlIIlI"'''1I ^\Jlllntl!\, I . Flnal+ttulng Aulhulllyl\u I.. tomlll......' by '"\.lllIlI,n\l A,IUml,"" I o ~ l~~:'rxY"~hyy 1'1'~'I"""'1'30P.".I(11111.n"NlJn\h.' I'."." lt1{)I', 1'f1OC;'" "o.dg' Numbef!Oltlul In 1~1 04 In M I K I I PA PAOH0500 1 13-7 Ilo..ofAtIhl Iii [).I.Comlll'iI'I"~ lro 8ummvnl 1.lll'IlUUPd ;1 W'''''11 ~(Bummun"'-'utntdl. ~;,llmln.ry"'r'lgnm'l\l ~~ I,LJ ;& ~: :::,~~"" ,,,,", I ~~ UA 1 ~~ I ~~ I IHI I VY ~~ I Illl I VY ~~ I IHI I yy I'kfi' ~~ I 0'1 ~'. ':~ .. p"i'm~'''(',m ,,," " A..",... ~ I""'m,",~ ""''"OS,..''Y ,,,,, BROWN, SCOTT HARRISON 240 S, 4TH ST. LEMOYNE, PA 17043 , lla'~t"".nr"'f B lll>e:k.,"!!t ul 1l\ll'lll..umg Aulhntlly I CR-HO-94 U ~"'.I\' ~hO B19nf'l1 (.0"'111.'111 iN1m. and Addl.nl JEFFREY FRANIlS LEMOYNE POLICE D!PT 655 MARIlET STREET LEMOYNE, PA 17043 ]"I~W-..d""Ccu1 ~~ 1 Oil I VY a2 Iltte8@'\rOl P,ehmln.ry "..ring 3J C o yy ~ 0'8 n.'<.lIp\lon 01 Chl'g'" &".. t1r'lj,ng ."Plp.l.yy 30 H=,ro""d 31 Ollpol1tlon ,~ 0' AN"" ~~ IX) Ia I I I 1 ,I 1 TI I I I I ;W.AdvlNd of lill night to Apptv 1m Allignmsnl 01 CoullMI1 YM [] No o 35 Public ()elendel IleqU811ed by Ihe Oelendftlll? Y.. No O[] 38 ApplicatIOn ProVided tor Appoint,"''''' or "uhhc Ilef.ndfll? v.. No DIIl 31 In c..,... whitt Ie requited, llhl! Oal" VlI\IM n.mtd Illulng AuthOfrty. did mlk, '-1M 00 . ruton,blt ."olt to Mltl'lh' dirt","" bttwHn th, Defend,nl and the (:()mpl.inlnIOll yy 38 CodefendanC,1 Name 390E 38 Codefendanll,l Nama 39, or b b , , 40_Eo181 'C'Ior wllne.. !'or Comp'Ain.nl Enllf 'I) lOf Wltno.. tor Defendant 41 Witne.." Nsme8 end Addrollel and Namel end Addreue. of perlonl (not mOlalhan 2), Oetendant wi,he, to be NOfit,ed tOI Illal .. Soom 43 4. Tnttfted -... ........ ". -- A"olney', Name and Addle.. tor: '810 No 145 Commollweftltl 4ft ComnlalnRrll 47. Oe4end8f1t Pllvats Other 'LII'" I .~y I &0 fin" Amount ,001$ !l1 CoIl. 52 Judgm,nlolStnl'ntt $ .00 N8me Ind Addle.. nl ClllIKIIIIIle AUI8'" and Anent Of Individual BUlelv-PfeUmlne'" A"einnment M nate nail 11010 ed I.lt.! I un I 'Y Ball.t PlsllmlnBN Arr.ionm.nt '''VI'' I:' Am"'" , 00 'q;,(l',' ~\ 1 yy Nama and Acldlenul COfl)mate Bwut.. -I tI Anenl urlnd'''idu81 Bure'" 1'101101111111\1 Iiofulnn -- 60 natIlIMlll'c,,'.~ ~t.! nn 'tV I I Current B.IIIB.II.t Plelil"ln. 'V Hs.,lnn '''VI'' I ~ Amwol ,00 .~,(l'i' \lI\ I YY ll1l1Co1ntllllllldO.tll 62C-lId. f1J l'lat' ul C{lmlt1llm"lt 071~5 194 B CUMaERLAND CTY PR180 CARLtBLE PA COPYI DISTRICT ATTORNEY Certifiod Ihis day of My commission oxpires first Mondey 01 January, 1000. ,19 ------'-~-l Il.ll.,,. 1'1"" Iljll fl.nt, 1"Cn,,'1 M~ llll '1'/ 07 [27 I 94 --.--.-- -..-..,. ---- SEAL I. 11\0 8hovo Il81llll(1lsslJIng AulllOrrlv C0I11fy that this Tlanscliplls 0 tlUO ond tDrroclllansLllpt 01 IImllockol AOPC 601 A,94 PRINTEDI 7/~7/94 111~0101 - -- - .J! S SIC A I\NN 1\ I N 111\ , P JOInt I f I IN 1111 COIIIII 01 (OMMON I'IFI\S OF ClIMBIIII I\NIJ COIINTY, PENNSYLVANIA V, SCOTT HARRISON BROWN, [)ell1lHJanl NO, lJlj-39/I<J CIVIL TEIlM PIlOTECTJON FROM ABUSE AN\l ClISTOIlY IN RE; __INDIRECT CfUMINALCONTEMPJ OHDER OF COURT AND NOW, July I'b, 1994, at 4:15 p.m,. aftl1r hl1aring and consideratIon of the testImony presented, we do fInd beyond 0 reasonable doubt that lhe defendant did knowingly violate our Order of July 15, 199/1. WI! do therefore find the defendant to be In Indirect criminal contempt. Hoving found him in indirect criminal contempt, we sentence him to 0 term of Imprisonment in the Cumberland County Prison of four months, We give 11im credi t for one day previously served on this sentence. We now place him on parole for the balance of the unexpired term on the condition that he be and remain on good behavIor and comply with 011 the conditions of our Order of July 15, 1994, until any other written resolution is reoched or until that Order is changed after hearing In court. By the Court. ~ ~ ~ :;ft "!'f IHf- ~ ..().. ., ~ ~,..{'. .:;. j~Q(;.;r- Willlllnl (.'''Gbhig, Esqulrl1 Sr, ~sl st(lI~f Distrlcl Attorney f'J '.' ": TlmoUlY L. 'C'!J.owges, Esquire AS51~ont~P~bllc \lelender lior e r, J. ProlJlJlion Offl ce ecl' '11I1 f C1l1MINAI U lM1'1 AII~ I IPOl.lCE I coMPLAINT NUMIiEIl IVEAR ' CR-0000210-94 ,19~4. COl1lpiuinl Numhllffi II OlhUl Pmlir.illontB lVIlE-----llilMIlEIC CR__l!Q._ ,',IIAHI.ES A. CI.EHENT .Ill, U'511l1CT JUSTICE M^OI51EIlI^1. UI511llCT NO, UIJ-I-OI 1106 ClIr 11 III " Illllld Cmllp 11111. I'll, 17011 , 111l fill. 'NCIDEHT HuMbER IUCRNO,~ """10TH" .",.n....._.. _'n_ E 566333-5 ---_. .-. "--' -._----- COMMONWEALTH OF PENNSYLVANIA VS. 1.1'tlw. JdLJ:uy R...t'IllUks,.. _...._._'_.__nn..'_. f\.IIIII'"fllfl,llllJ NAMI AND Dill NilAN I ,- Scott llarrison Brown 240 s. 4th Strest AIlIlIH ~;~; Lemoyns. Ps. 17043 Ill' LcmUYllc, lloJ:uugi!l'ul1clllllluartmllut,.._ .,-" f 1./(1/1111 III f'l/IIHlI'III m,ll..'nUI np'l'\t"lIII'l/lilllll~jMII.j' \"hdll/llrUlI IlBA AKA DODI SSNI 12-04-72 200-52-9678 W/M/21 yrs, dll hcrch) 'lillC: (I W I i1,'rll'C Ihc ahlllc lIal1lcd dclclldulIl, IIhll hlc. III thc addrcs. 'CI rlllih alhllC Ill, _ -'0 I i1n:II'C all illdilldllal Ilhmc III1I1lC I, IIl1kllll\\lI I" mc hili Ilh" "dc,cllhcd a' _____ - ~ ~ 0 hi, IIldllilmc or pllplllilr dc,lpllilll"lI " IIl1klh,"1I III mc II lid. Ihcrclillc. I hillC dC\lpllillcd him hcrcllI '" Jllhll f 1l11C: 1IIIh ,Inlilllllp Ihc pCllillliI\\' "I' Ihc ('"ml1l"lIIlclIllh "I' I'CIIII,)\lillllilat ,121"South.:rh~rd...,':lt. I:.. J 1/'/.,(1' (\,1"1I1If.\"liJTl'iIi.,,,, f; .1cmoYUILJlllJ:llUgh'n~nna.'.._.....,_,___...__'__n_. . ------ .,-.-.-., '" _,__.____,_..___,....__' III ..I:unblldiUUL ,.. ('lllllll)' "II or ahlllll ,Julym25._1.a94~__-3~U_l'bl_ ~ Parlil'illilnl!r'l \\ell' (I/fht'h'hOi"'j/1tI.I(I,iII/I/'/"" t!W/llIiIllW,/Il'Ii' 'lllllllllll!!lIl'II,IIIIl""',,hlll.-dd,'IIII,"lfl SCOTT HARRISON BROWN Thc .IL'I' rlllllllllllcd hI Ihc nrrll,cd Ilcrc, 0 (2) lNOIRECT ClllMINAL CONl'I\HI'T In that the nbove named defendant, Scntt lIarrtaon 1Irown. dId intentionally and/or knowingly violate an order of court. (CIVIL HilI-! NO, 3949 , 1994, ISSUEll UNllEll TilE 1'1l0TECTlON Fllml AIIUSE ACT I1Y TilE 1I0NOI\AIIU: .IUllGE GEOllGE 1', 1101' FE 11 , on the above date and time, The defendant did violate the snid order in that he did grab the plnintiff, .Iessicn Ann llinier, nround the thront. shoved her about the face, pUBhed her to the floor causing redlless and hruising to the face nnd throat arees tll1lt thIs officer personally observed at the scene, nnd the defendant violated the order in that he was physically in the resIdence. uninvited by the plaintiff and did proceed with the cOllrse of action that was In vlolntlon of this order, nil or Ilhlch Ill'''' apaiml Ill' pcacc allll dlplIll)' 111' Ihc ('I1IllIllI1I1\\Callh "I' I'CI1I1') 110111101 alld ,'''l1tmr)' 111 Ihe Act nf A"Clllhl)', or 111 l'il1lalllll1 of al1d of Ihc Arl "I' -2.J Pa.n.R.A. (. '.'firm} ,'"h. 11"./11111 J or thc Ordll1allcC 111' f H,lIllj"/.\lth dO/I/IlII! (.1) I n,k lhill a lIalTal11 "I alTc,t 111' a '"1111111111' hI' ls.llcll alld lhal lhc a!'rll'cll he Icqllilcd to all\\ler Ihc char~c' I halc Illade, (4) I leril)' 111iI1 Ihc farl' 'CI linlh III thl, rlllllplall1l IIIC Hill' III1lI c"l'Icrl 111 Ihc h",1 or 111) kllll\\lcdgc 111' il1fl1l'11111111111 0111I1 hell'" Thl' Icrll'iralioll I, mndc ,"hjcrl III Ihc pCllllllic' 111' Serllllll 41!114 111' thc ('rlmc, ('odc IIH POI. l'. S ! 41)04) ,,'Iallllp 10 1111\\11111I fnl\lliclllillll 111 IIl1lhllrillc, _J!llY ;15. 1994 __. ...",." I'12L ~lln\). A b.. ;;J1'oD.t~.:"...__-_'m.. ,.. ;~III''''(I'lIIfI'IIH'lll/'' ANIl NOW. 1111 1111\ dal,' .July 25 vcrllicd, '1I1111hal Ihcll' " I',ohahl,' rallIL' 1'111 , 1'1 1)4 . I \'\'11111 1\I,Ualll'l' III pl'lIl'~'" 'CTI~~:~~"?j.!'C(b~:~ ,',,"",',,","'" ~ ".Jl2::L-O I ,\1,11'11/,'11,,1/11\/",11 AIII'!..I" tit .ARIU:ST WARRANT AFFmA"1T CIIAIII.EB A, CI.EHENT, .J II, IJISTllICI HIS lilT M"~"ll'III1IIJ"IIIl'1 ~tl. 09-1-01 "lIl1lrlallll ~ll "UI Ilrr CIl Numllfl CIl-0000210-94 1994 210 '.llll1rllllll Nil' III Hlhe'1 1'1I111\11IMI' I.lQ6CAl~I,.I~J.I;Rll'd,!;fIt'W,lJnl'.1 l'A.HlIl. COMMONWI:ALTlI 01' PENNSYLVANIA CUMDEIlLAND ! BS ".."..,.......,,, ....................,...........,........... "' N E 566333-5 COMMllNWI'AI,lIl11F I'ENNSYLVANIA \,&, COUNT\' OF I)(,HNIJANT: (NBme Rnd Bddrm) r SC01'! IIAIlIHSON 1l1l0WN ., 240 S. 4th Street J.omoyne I I'a. 17043 L .. ..r.~.~f!l..J.'!JJ.I:".'!y...f.r.!\n ~~.I.. .~~!1)!!y'!!!!.. .~!!IC?~.~.I.I. ..!~C? ~.I.~.~ I.., ~~ 5... H.'! .r~~,t" ,S,t.:,. .I.,~.IIl"Jlle., ,I'!!~. ,. ,1.7~~.3"... ...... ..... ... tNlmr of Affilnll lI'lIhn ()t(llrlUltnIIH Adttle'u nlPlI\llt Alllanll lltltllhnnt Number) being duly sWllrn (or affirmed) bcfore me, according 10 law, dcplllcs and sa)" IhBllhm is probable callie 10 believe Iha': PROIIAIlI.E CAUSE IIELIEI' IS JlASEIl ON 1I1E FOLLOWINO FACTS ANIl CIRCUMSTANCES: (see Inslrue, below) On Monday. July 25. 1994. at 3130 I'M, myself and Officer lIart of Lemoyne Police Department responded to a 911 call of a Domestic Violence/Protection from Abuae Violation at 121 S. 4th Street. Lemoyne Dorough. The Complaintant, Jessica Ann Rlnier advised that Scott II, Drown was In her apartment attempting to take her 17 Month baby child away from her and that he was also abusing her, Officer lIart and myself arrived shortly thereafter and did find a Scott lIarrlson Drown In Rlnler's apartment with/holding a child, I did speak with the complaintant/ plaintiff at the scene and she did advise me that the defendant was in violation of a Protection From Abuse Order Issued from the Court of Common Pleas of Cumberland County, Pennsylvania. signed by the lIonorable Judge George E. Hoffer. in which the Lemoyne Police Department was already in reclept of both the original order dated July 15, 1994 and the CONTINUANCE ORDER dated July 21, 1994, The plaintiff did tell me that the defendant did grab her around the throat and did shove her about her face and puseded her to the floor to grab the child from her. This officer did obaerve redness and bruising to her face. throat, neck and frontal forearm areas. I'LEASE IH~AD AND HHJ.OW THESE INSTRUCTIONS CAREI;UI.I,y I. If inforl11l1tion WIIS ohtllincd Irnmllnolher person. e,~. 1111 inlorl11alll. a pri\'a'c dlilen, or a lellow law offieer. 'laic specificRlly whlll illlorl11Rlilln was recei\'c~, an~ how 1111I1 when ,uch illlonualion wa, ohtllinc~. Slale a',olhe IBclUal hasis for helie\'ing ,uch Illher person 10 he reliahle, 2, If sur\'eillance was l11a~c. 'Iale whal illformalion wa, ohtllillc~ hI' ,uch ,ur\'cillallcc, hI' whoRl II wQS ohlaincd, and stale dRIC, lime UII~ plucc III ,uch ,ur\'eillance, .1, Slale Ilther pertinenl laCIs within persllnul kllllwledge of IIffillnl. 4, Slale uny udditilll inlnrl11alion w",i~cred pertineu' III JU'lily Ihis uppliculilln, .(:4lm,. 1\... ':1., .. Td, ,..J,~tIIl1yn~..1)11U~!I .U~7.........7.17..,.7.61.,.,a7,JL,... !'l1(j~^Il.tu OtffI~li .\Illl~l" III 1'~I\""III1/I" IIAlHil ~C1 IJISlllln"'NII , 19 94 (SEAL) 01\11<111.11 "III COIIlI ~tl 09-1-111 1>i1ll' ('011111\1'1'1011 r\plll'\ 1-1-96 Iii III1 ""/111'" 1106 CarllHle Hd., CIIII\I' lilli, I'A 11011 1'110" (717) 761-49/,0 . ' << ' " , I ' "- ~ ~ ..' ~ .' JESSICA ANN RINIER, Plaintiff IN THE COURT OF COHHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - .1 (; '/ q CIVIL TERM vs, PROTECTION FROM ABUSE AND CUSTODY SCOTT HARRISON BROWN, Defendant TEMPORARY PROTECTIVE ORDER , IV AND NOW, this I':> day of July, 1994, upon presentation and consideration of the within Petition, and upon finding thnt the plaintiff, JESSICA ANN RINIER, now residing at 121 Third street, Apt. 2L, Lemoyne, cumberland county, Pennsylvania, is in leased solely by the plaintiff and to which the plaintiff moved to avoid abuse, or any other residence the plaintiff may establish for herself, The defendant is hereby notified that if he resides in the plaintiff'S domicile contrary to this order, he may be in indirect criminal contempt which is punishable by 0 fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail Ilnd any other appropriate punishment. Resumption immediate and present danger of abuse from the defendant, SCOTT HARRISON BROWN, the following Temporary Order is entered. The defendant, SCOTT HARRISON BROWN, now residing at 240 South 4th Street, Lemoyne, Cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, JESSICA ANN RINIER, or placing her in fear of abuse and is ordered t:o stay away from the residence located at 121 Third street, 2L, Lemoyne, Cumberland county, Pennsylvania, a residence which is . '" ' .i" i.. Ii,! ;,1 ~H '911 , , ~/ t ~;',l ii'f .' of co-residence on the part of the plaintiff and defendont shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. Temporary custody of VINCENT BROWN is hereby awarded to the plointiff, JESSICA ANN RINIER, and the Cumberland county Sheriff's Department will help facilitate the transfer of custody. The defendant is ordered to refrain from having any contact with the plaintiff inClUding, but not limited to, entering the plaintiff'S place of employment, harassing or stalking the plaintiff, and harassing the plaintiff'S relatives. This Order shall remain in effect until a final order is entered in this case. A hearing the ,..1/~r day of JUly, 1994, at shall be held (. fl) /I".m. on this matter on in Courtroom No. '; , Cumberland county Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma pauperis pending a further order after the hearing. The Cumberland county Sheriff's office shall attempt to make service at the plaintiff'S request, but service may be accomplished under any applicable rule of civil Procedure. The Lemoyne Police Department will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. VB. I IN THE COURT OF COHMON PLEAS OF I I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94 - 11'1'1 CIVIL TERM I I PROTECTION FROM ABUSE AND CUSTODY JESSICA ANN RINIER, plaintiff SCOTT HARRISON BROWN, Defendant NOTICE You have been sued in court. If you wish to defend against: the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment 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 plaintiff. 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUHBERI (717) 240-6200 vs. I IN THE COURT OF COMMON PLEAS OF I I CUHBERLAND COUNTY, PENNSYLVANIA I I NO. 94 - lfY7 CIVIL TERM I I PROTECTION FROM ABUSE I AND CUSTODY I I JESSICA ANN RINIER, Plaint:iff SCOTT HARRISON BROWN, Defendant: PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S, SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent: Address is 121 Third street, Lemoyne, Cumberland county, Pennsylvania, 17043, 2. The defendant is an adult individual residing at 240 South 4th street, Lemoyne, cumberland county, Pennsylvonia, 17043. 3. The defendant is the father of the plaintiff'S child. 4. since approximately September 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, and by physical menace has placed the plaintiff in fear of imminent serious bodily injury. This has included but is not limited to the following specific instances of abusel a. On or about July 1, 1994, while the plaintiff was holding her 17-manth-old baby, the defendant slapped t:he plaintiff across the face, causing the plaintiff to fear for her safety due to past physical assaults by the defsndant. The plaintiff was forced to leave the residence without her baby. The defendant: threatened that if she took the baby out of the house, the defendant would come after her and kill her. b. On or about June 18, 1994, while the plaintiff and defendant were arguing, the defendant slapped the plaintiff in the face approximately seven times. After the defendont spit in the plaintiff'S face four times, he grabbed the plaintiff by the ankles and pulled her off of the couch. The defendant kicked the plaintiff approximately three times in the side and hip. The defendant again grabbed the plaintiff by the ankles and dragged her across the floor. He then grabbed her by the hair and banged the back of her head on the floor approximately three times. The defendant then grabbed the plaintiff'S shorts and underwear, forcefully removed them, and forced the plaintiff to have sex. Afterward the defendant ejaculated in the plaintiff'S face and hair. While the plaintiff was in the bathroom, the defendant told the plaintiff she had better leave because he had just thought of a new way of killing her. The plaintiff was forced to leave without her child. The plaintiff suffered bruising to her shoulder, a bloody nose, sorness to the back of her head, and red blotches under her eye. c. In or around April 1994, the defendant grabbed the plaintiff by the jaw and neck, and banged her head against the wall approximatelY three times. The defendant then threw a can full of soda at the plaintiff, just missing her head. d. In or around February 1994, the defendant grabbed the plaintiff by the throat, forced her up against a wall, and choked her. e. During the plaintiff's pregnancy, the dsfendant slapped the plaintiff in the face, and pushed her on sevsral occassions with enough force to cause her to fall down. 5. On July 2, 1994, the plaintiff left her residence at 240 South 4th street, Lemoyne, cumberland county, Pennsylvania in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be restrained from entering her place of employment, having any contact with her, harassing or stalking the plaintiff, and from harassing the plaintiff'S relatives. B, TE1IPORARY CUSTODY o. The plaintiff seeks temporary custody of t:he following child: ~ VINCENT M. BROWN Present Residence ~ 240 s, 4th Street Lemoyne, PA The child was born out of wedlock. 17 mos. The child is presently in the custody of SCOTT HARRISON BROWN who resides at 240 S, 4th street, Lemoyne, Pennsylvonia. During the child's lifetime, the child has resided with the following persons and at t:he following addresses I I:iAIMl Addreeses D.W plaintiff, defendant , defendant's family 45 Creekside Dr. Enola, PA 2/23/93 - 3/93 plaintiff , defendant 312 S. Front st. Wormleysburg, PA shelter 3/93 - 2/94 plaintiff plaintiff, defendant , defendant's family plaintiff , defendant 45 Creekside Dr. Enola, PA 2/94 - 3/94 3/94 - 3/94 240 S. 4th st. Lemoyne, PA 3/94 - 7/2/94 The mother of the child is JESSICA ANN RINIER, currently residing at 121 Third Street, Lemoyne, Pennsylvania. She is single. The father of the child is SCOTT HARRISON BROWN, current:ly residing at 240 S. 4th Street, Lemoyne, Pennsylvanio. The plaintiff currently resides by herself. 9. The plaintiff has not previouslY participated in any litigation concerning custody of the above-mentioned child in this or any other Court. 10. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 11. The plaintiff does not know of any person not a part:y to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. The best interests and permanent welfare of t:he child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for the following reasons: a. The plaintiff is a fit parent who can best take care of her child. b. The defendant has shown by his abuse of the petitioner that he is not an appropriate role model for the child. C. EXCLUSIVE POSSESSION 13. The home from which the plaintiff is asking the Court to exclude the defendant is rented in the name of JESSICA ANN RINIER, and the defendant has never resided there. D. SUPPORT. SECTION 14. The defendant has a duty to support their minor child. 15. The defendant is employed at Hayflower Hoving Company and the plaintiff is unaware of his salary. 16. The plaintiff is employed at Glen Hiller's Warehouse and currently receives approximately $5.00 per hour. 17. The plaintiff'S income is insufficient to provide for the needs of her child until such time as a support order can be obtained by filing at the Domestic Relations Office. 10. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. E. ATTORNEY FEES 19. The plaintiff asks for attorney fees to be poid to Legal Services, Inc, pursuant to the Protection from Abuse Act. F. STATUS TO PROCEED IN FORMA PAUPERIS 20. The plaintiff does not have funds ovailable to pay t:he fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. Section 6101 gt li\m., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, inclUding, but not limited to, entering the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. 3. Granting temporary custody of the minor child to the plaintiff. 4. ordering the defendant to stay away from the residence located at 121 Third street, Lemoyne, which the parties have never shared. 5. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself . B. Schedule a hearing in accordance with the provisions of the "proteotion from Abuse Aot," and, after suoh hearing, enter an order to be in effect for a period of ono yearl I. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contaot with the plaintiff, including, but not limited to, entering the plaintiff'S place of employment, harassing ~r stalking the plaintiff, and harassing the plaintiff'S relatives. 3. ordering the defendant to stay away from the residence located at 121 Third street, Lemoyne, which the parties have never shared. 4. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself . 5. Granting support to the plaintiff in the amount: of $30.00 per week payable by mail. 6. Ordering the defendant to pay attorney fees to Legal services, Inc., pursuant to the Protection From Abuse Order. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and order be delivered to the Lemoyne Police Department as the Police Department wit:h jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 21. The allegations of Count I above are incorporat:ed herein as if fully set forth. 22. The best interests and permanent welfare of the child will be served by confirming custody in the plaintiff as set: forth in Paragraph 12 of the Petition. WHEREFORE, pursuant to 23 P.S. Section 5301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just: and proper. Respectfully SUbmitted, rt oan Carey At:torney for aint:iff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named plaintiff, Jessica Rinier, verifies t:hat the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to t:he penalties of 18 Pa. C.S. section 4904, relating t:o unsworn falsification to authorit:ies. Datel ~h~~ ,. . 'uV . .s~. ~~ I. ! P .ic . ., " , , " ! , I f ~l , I ! ~. ,"~; I', J , i' I 1 , , I. I, : " /: f. I !# i . I ~ " I. ~ . ~ . .. .' .' :,. T . ;'1 1,"0:; . h. .'"t I .. I . . t " ,\ ;'" / ). . .' . " ANN RINIER, Plaintiff CUHBERLAND COUNTY, PENNSYLVANIA V. NO. 94-3949 CIVIL TERM SCOTT HARDING BROWN, Defendant PROTECTION FROH ABUSE AND CUSTODY AND NOW, ~ FOR CONTINUANCE this ~ day of July, 1994, upon consideration of the attached Hotion for continuance, the hearing scheduled for July 21, 1994 in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania is generally continued. The Temporary Protective Order of July 15, 1994, remains in effect pending further order of Court. This order is entered without prejudice to either part:y to request a hearing if the agreement cannot be finalized. J. \'I~V~.I)~'t"ld 1..~llh;l:) ~P,ti.~j,JHno A~V i:~r,lIl " HI 1ol}/li ~61WV22111ZW JESSICA ANN RINIER, Plaintiff I IN THE COURT OF COMMON PLEAS OF I I CUMBERLAND COUNTY, PENNSYINANIA I I NO. 94-3949 CIVIL TERM I I PROTECTION FROM ABUSE AND CUSTODY V. SCOTT HARDING BROWN, Defendant HOTION FOR CONTINUANCE The plaintiff, by and through her attorney, Joan Carey of Legal Services, Inc. states the following I 1. On the 15th day of July, 1994, the plaintiff filed a Protection From Abuse action and the court entered a Temporary Protective Order and scheduled a hearing for the 21st day of JUly, 1994. 2. Legal Services has been in contact with the defendant who agrees that the hearing be generally continued to afford the parties time to execute a Consent Agreement. 3. The plaintiff agrees to a continuance of the hearing, and requests that the Temporary Protective Order remain in effect pending further Order of Court. WHEREFORE, the plaintiff requests that an Order for Continuance be entered and that pending further Order of Court the Temporary Protective Order remain in effect. Respectfully SUbmitted, (',::) , \J'.AL;(,'" oan Carey Attorney for , LEGAL SERVICES, INC. a Irvino Row Carlisle PA 17013 (717) 243-9400 ,'i".' ..ii<~~'""", . . "',,<<"',,,'.LJc-j;h',.~, -"~',;."':"'".~" .......;.....=.......~., ..-.~.~-- ".~:" . ~ d,l ',;{t7f::': ':"ii' tt:;, ,,,,""'.l~.,n"''''''~~ :' ,... ~-..~,,--,_,.,,,t~f"~"l',' .'. - ~ ;,', ~ ")::,:';. . ,,-;- \~-,-_...""P7:'::: ~> y--o':":':"!t/ ! I i '.1"" t, I ,..' i -, f. 1" ~ "j i 1'. , IJ, , . . , f'. I' , ~, i' I 1,'0 r \. , , . .. I \ I 1 \ I I \ I I -:-'...~.';-;~..0 'j1 ~ ..;r,.'''''''M...--.......-.-...,><-... '-.....-~....---_._~_.,- I' .' Ii . "f' ~t ~ . . -' , , , "'-,,, ~ :r-- " , 'I'" ...............-.-..'. .'. ,'"'' mmlll FF' B Ilh1UllN ~L'nl 01' PENNSYINflNl^, COOl'11'Y 01' CLM1JEIUJ\ND In '1'ho Court Of Common Pleas of Cumberland County, Pennsylvania No. 94-3949 Civil Term l'rotection From Abuse and Custody potition for Protective Order & custody Jessica Ann Rinier VB Scott lIarrison Ilrown ~'i mothy Reitz . lWWl1f)IlllC Deputy Sheriff of CUnberland County, Pennsylvania, who being duly sworn ac=rdint~J.o ~~\hfPd'R' for Protection From Abuse and Cus y that he served the within protective Order and Custody . , upon Hcott lIarrison Ilrown P.M. >IM*,. EDST, on the 15th , the defendant, at 2;05 o'clock JulY , 1994 at day of 4~ ~reekview Drive, Enola Pennsylvania, by handing to Scott II. Ilrown , CUnberland County, a true and attested copy of the ffi8ayci' i on From Abuse and custody Peti tiop for Protective Order and C . and at the 511I1'13 time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff '6 Cos ts I Docketing Service Affidavit Surcharge So answers I 14.00 B.40 ,/,.-;, ~~'i~~.~ Kline, SherHf by ---' . -j,/./ ~; rA~-11A"'J/', (.A'''V,?/ Sheriff 22. 40 61\'0111 and subscribed to before me this --1.L~__ day of (1"1 7 19_i.L II.D. -~1'~ )luff.. 0 _, O..i~. f ....,., prothonotary ~ ~ 8- u I ." l\l h ..... ,Il C ~'ll ~iE '6 ~ ~ 'Q, .t'15 i' .Ib ~ ~ -... . . e . CUNNINGHAM & PHERNICOFF, P.C. . 0 u .. a: ,:: If .. III ~ ..Bil~ ::I ~ . t: ~zm I::. III ~ Q':' ~ . -;;:;-~ - -... ff' .1 4 F' M^I,' G 1( i)t" ( ) .lJ. /, - SCOTT BROWN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I I v. NO. II U 'J'I'O , I I II I CIVIL ACTION - LAW IN CUSTODY JESSICA ANN RINIER, Defendant ORDER AND NOW, this ~ ~ day of 1995, the parties having agreed to the entry of an Order of custody, as provided in the attached custody Agreement, it is hereby ORDERED and DECREED that custody of the minor child, vincent Marcolin Brown, shall be as folloWSI 1. CUSTODY OF MINOR CHILD: FATHER and MOTHER agree that they shall have shared legal custody of the parties' minor child, Vincent Marcolin Brown, in terms of decision making powers regarding the health, education and welfare of the child. FATHER and MOTHER agree that FATHER shall have primary physical custody of the parties' minor child, Vincent Marcolin Brown, while MOTHER shall have partial physical custody of vincent Marcolin Brown. E. MOTHER shall have custody on Thanksgiving Day from 5100 p.m. through 8100 a.m. the next day, F. Mother's Day with MOTHER' G. Father's Day with FATHER' H. MOTHER shall have custody on vincent Marcolin Brown's birthday, February 23, from 5100 p.m. on February 23 until 8:00 a.m. on February 24, I. The term "holiday" means the day itself and overrides any scheduled weekend visitations for the day on which the holiday is celebrated, and J. Such other times as the parties may hereinafter agree. 3 . HARASSMENT OR INTERFERENCE: The parties further agree that they will not utilize their respective rights of custody in order to harass or interfere with the other's right to live and remain separate and apart from each other. In the event that either party utilizes custody rights to harass or interfere as hereinabove desoribed, the parties expressly agree that, in addition to all other legal and equitable remedies available to them, they may make 3 immediate application with the court of appropriate jurisdiction to pursue appropriate jUdicial remedies for said harassment or interference. 4. ENTRY OF COURT ORDER; MOTHER and FATHER agree that this Agreement shall be formalized by the entry of a Court Order of custody in accordance with the terms and provisions of this Agreement by a Court of competent jurisdiction, and that this Court Order shall supersede the previous custody Order entered at Docket No. 94-3949 in the Court of Common Pleas of Cumberland county. 5. OTHER CUSTODY RIGIITSI In addition to any provisions which may be contained herein regarding custody rights set forth hereinabove, each party shall have the following rights with respect to the minor childl A. Reasonable telephone calling privileges to 8:30 p.m. B. Access to report cards and other relevant information concerning the progress of the minor child in school, C. Approval of extraordinary medical and/or dental treatment, except, in the case of an 4 I Ii I I il I 6. ILLNESS OF THE MINOR CHILDl In the event of any serious illness of the minor child at any time, the party then having physical custody of said minor child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 7. DOCUMENTS: Each party shall, at the request of the other, execute, acknowledge and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this custody Agreement. 8. VOLUNTARY EXECUTION AND FAIRNESS OF THE AGREEMENT: Each party acknowledges that this custody Agreement has been entered into by his and her own volition, and with the advice of. separate, independent counsel, with full knowledge of the facts and full information as to their legal rights and that each believes the custody Agreement to be reasonable and in the best interest of the minor child under the circumstances and not the result of any duress or undue influence. 6 I ! , , II Ii !i 9. BITUBl Thh custody A\I....m.nt shall be construed and governed in accordance with the laWI of the commonwealth of Pennsylvania. 'i II :i Ii I ~ J! i! 'i I Ii :1 " [' il II I. iI II II I, ,. 'I !I I' il 10. DESCRIPTIVe IIEAIlINQI.II 'l'ho desoriptive headings used herein are for conveni ence onl y. 'l'hey shall have no effect whatsoever in dotermining the rights and obliqations of the parties. 11. BINDING EFFECtl Each of the parties hereto intends to be legally bound. In the event that either party breaches any provision of this Agroement, and the other party retains counsel to 8Bsist in enforcing the terms thereof, the parties hereby agree that the breaohing party, if found In oontompt and ordered by the court, will pay all attorneys fees, court costs and expenses incurred by the other party in enforcing that atipulation. .c, o (:1 7 " ~' ... ~ :: t54 II it il II " iI II I , I I !I " Ii II II I, , II Ii 'I II 'i il II CUSTODY AGREEMENT THIS AGREEMENT, made this ) ) ,- , .J day of February, 1996, by and between SCOTT BROWN, hereinafter referred to as "FATHER" , -AND- JESSICA ANN RINIER, hereinafter referred to as "MOTHER". WITNESSETHl WHEREAS, the parties are the parents of one (1) child, Vincent Marcolin Brown, born February 23, 19931 and WHEREAS, diverse and unhappy differences and disputes have arisen between the parties and it is the intention of MOTHER and FATHER to live separate and apart, and the parties hereto being desirous of settling their respective rights of custody I NOW, THEREFORE, the MOTHER and FATHER, each intending to be legally bound hereby agree as followSl ,I !I 'I I' I II II ,I , II 1. CUSTODY OF MINOR CHILDI FATHER and MOTHER agree that they shall have shared legal custody of the parties' minor child, Vincent Marcolin Drown, in terms of decision making powers regarding the health, education and welfare of the child. FATHER and MOTIIEIl agree that FATHER shall have primary physical custody of the parties' minor child, Vincent Marcolin Drown, while MOTHER shall have partial physical custody of Vincent Marcolin Brown. 2. MOTHER' B IUGHTB ot' PARTIAL CUSTODY I MOTHER shall be entitled to reasonable rights of custody of vincent Marcol in Brown nt lIuch timell as are reasonable and convenient to the parties. I f the parties ars unable to agree, MOTH Ell shall have the following rights of partial custody I A. Alternating weekends from 6100 p.m. Friday until 6100 p.m. Sunday. n. Every Wednesday evening from 4100 p.m. through 7100 p.m. C. Alternating holidays, consisting of New Year's Day, Easter, Memorial Day, Indepsndence 2 Day, and Labor Day, from 5100 p.m. of the prior day until 8100 p.m. of the holidaYI D. Christmas shall be divided into two (2) periods of custody to be alternated. The first suoh period shall be from 12: 00 p.m. on Deoember 24 through 12100 p.m. Deoember 25. The second such period shall be from 12100 p.m. on Deoember 25 through 12:00 p.m. on December 26 with MOTHER having the first such period in 19951 E. MOTHER shall have custody on Thanksgiving Day from 5:00 p.m. through 8100 a.m. the next daYI F. Mother's Day with MOTHER 1 G. Father's Day with FATHER 1 H. MOTHER shall have custody on vincent Maroolin Brown's birthday, February 23, from 5100 p.m. on February 23 until 8100 a.m. on February 241 I. The term "holiday" means the day itself and overrides any scheduled weekend visitations for the day on which the holiday is celebrated 1 and J. suoh other times as the parties may hereinafter agree. 3 II I I I I I I Ii I I I 'I 3. HARASSMENT OR INTERFERENCE I The parties further agree that they will not utilize their respective rights of oustody in order to harass or interfere with the other's right to live and remain s~parate and apart from each other. In the event that either party utilizee custody rights to harass or interfere as hereinabove described, the parties expressly agree that, in addition to all other legal and equitable remedies available to them, they may make immediate application with the Court of appropriate jurisdiction to pursue appropriate jUdicial remedies for said harassment or interference. 4. ENTRY OF COURT ORDERl MOTHER and FATHER agree that this Agreement shall be formalized by the entry of a Court Order of custody in accordance with the terms and provisions of this Agreement by a Court of competent jurisdiction, and further agree that this Agreement and subsequent entry of Order shall supersede the Order for custody entered at Docket No. 94-3949 in the Court of Common Pleas for Cumberland county. 5. OTHER CUSTODY RIGHTS I In addition to any provisions which may be contained herein regardinq oustody 4 II II I' , 'i I' I' " II I I rights set forth hereinabove, eaoh puty shall have the following rights with respeot to the minor ohildl A. Reasonable telephone oalling privileges to 8130 p.m. B. Access to report cards and other relevant information concerning the progress of the minor child in schoo11 C. Approval of extraordinary medical and/or dental treatment, except, in the case of an emergency and provided that such approval shall not be unreasonably withheld1 and D. The right to participate in making major deoisions affecting the best interest of the minor ohild, including major medical, religious, and educational decisions1 educational decisions shall be defined as those decisions directly related to or affecting the academic performance of the minor child in the classroom. Each of the parties agrees to provide the other with his/her address and telephone numbers, and to advise each other of any change thereof within ten (10) days. Each of the parties also agrees that in the event he/she intends to permanently relooate from the 5 B. VOLUNTARY EXECUTION AND FAIRNESS OF THE AGREEMENT I Each party acknowledges that this custody Agreement has been entered into by his and her own volition, and with the advice of separate, independent counsel, with full knowledge of the facts and full information as to their legal rights and that each believes the custody Agreement to be reasonable and in the best interest of the minor child under the oircumstances and not the result of any duress or undue influence. 9. SITUS I This Custody Agreement shall be construed and governed in accordance with the laws of the commonwealth of Pennsylvania. 10. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights and obligations of the parties. 11. BINDING EFFECTl Each of the parties hereto intends to be legally bound hereby. In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the 7 terms thereof, the parties hereby agree that the breaching party, if found in contempt and ordered by the court, will pay all attorneys fees, court costs and expenses incurred by the other party in enforoing that stipulation. ,I I I IN WITNESS WHEREOF, the parties heroto have set their hands and seals the day and year first above written. WITNESS I ~' ~. nU\1'- t~u..i)"..,,[\.Q,oL {wtUhc,) . AI. q.!AA,:1-v{ . SCOTT BROWN :'"'j ~LhJ fl. .g~~[JA ~~/i~~i~~ U B COMMONWEALTH OF PENNSYLVANIA I I SSI COUNTY OF DAUPHIN I On this, the ,~J,~ day of February, 1995, before me, a Notary Public, personally appeared Scott Brown, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~ . VV)~vJ.p 1 y~ NOTARY PUBLIC Notarial 5aal Michele B. Millar Notary Public Middletown Bora, Dauphin County Mv Commlulon E.plrea JulV 6, 1998 , Peml)+r.ril AssociaIlOn 01 NWltIIlS 9 COMMONWEALTH OF PENNSYLVANIA I I SSI COUNTY OF CUMBERLAND I f f~ On this, the .~( day of February, 1995, before me, a Notary Public, personally appeared Jessica Ann Rinier, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~ ::f: it{"~ NOTARY PU, C ..__....'~, NOIAR/AI. SIAl. ! IWlO/ F. BYEIIS, N01ARY ,",Ipi" 'e I DOIIO Of CARUSl.E. CUMBDU.AHO ell! ';1/ I 'IY ro'llI'I(lj'ON mlRCs MAANl" rprr! --.-. _..~. 10 ~ ~! I i~ ~ j~ I'B~;;; ~t' 1IlF.i:e e !J:c ~ ~! ~ ~ ~E ~<... ~ ~ L I'ATRICK F.I.AU.:R, JR. Atlorne)' 01 I.ow 21I1iM..LflSII<<t AIle-I.' IIUlldlllg ('011I1' 11111, I'A 111111 1717'7(,H"'"' FER 2 0 zoooff) I',' -';.i . :,'t n..; " ,', '~')WiY 00 Il,tR .. 9 ['t! at ?oJ CUt.~b;:Iil.J"m CQUlflY PENNSYL\\\N'A J,f.tt1J ad ~.~...a"..~ ~1,k1J<<4f }, ~-t't' ~~ /til:,4/ -;t ~, ,] .~.&t? t~llf~-4,I it jif ~,d:? JBSSICA ANN RINIER! PIa ntiff VB. SCOT'l' BRONN Defendant I I I I I I I IN TUB COURT OP COMMON PLBAS OP CUMBBRLAND COUNTY, PBNNSYLVANIA No. 1994-3949 CIVIL ACTION - AT LAW CUSTODY AMERICANS WITH DISABILITIBS ACT OP 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations availabls to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. SCOTT BROWN, Defendant I IN TUB COURT OF COMMON PLBAS I CUMBERLAND COUNTY, PBNNSYLVANIA I I No. 1994-3949 I I CIVIL ACTION - AT LAW I IN CUSTODY JESSICA ANN RINIER! Pla1ntiff VS. PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATION onDBB The Petitioner, Jessica Ann Rinier, through her attorneys, The Law Of fices of Patrick F. Lauer, Jr., files this Petition for Modification of a Custody Partial Custody or Visitation Order against the Respondent, and in support thereof, avers the following I 1. The petition of Jessica Ann Rinier, Mother, respectfully represents that on March 9, 1995, an Order of Court was entered in regard to Vinoent Marcolin Brown, the parties' minor ohild, for shared legal oustody, with primary physical custody being with the Father, and partial physical custody with the Mother, a true and correct oopy of whioh is attached. See Exhibit "A". 2. This Order should be modified because I a. Primary physical cUlltody of the minor child has been with Mother, at her home, since August 29, 1999, b. The minor ohild is ourrently in school at the Mothsr's location, and c, Mother's school district requires confirmation of formal physical custody for registration I and d. The current custodial arrangement should be memorialized by stipulation or court order in the interest of predictability, stability and the child's well being. WBBRBPORB, Petitioner requeets that the Court modify the existing Order for Partial Custody because it will be in the best interest of the child. Datal A ').) bO Matthew J. HOB Marke Camp Hill, 10' 46430 shelman, Esquire street, Aztec Building ennsylvania 17011-4706 Tel. (717) 763-1BOO JBSSICA ANN RINIBR1 Pla nUff & IN TBB COURT OF COMMON PLBAS OF & CUMBERLAND COUNTY, PENNSYLVANIA & I No. 1994-3949 & & CIVIL ACTION - AT LAW & IN CUSTODY VB. SCOTT BROWN, Defendant VERIFICATION I, JeBsica Ann Rinier, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Petition for Modification of Custody Order are true and correct to the best of my knowledge, information, and bslief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.B. S 4940. ~~lt('1 (\. AU\,\lo/\ Je s ca Ann -Rinier . Datel~CtJ - , EXHIBIT A , MAR G \9~5d_ , - \ , \ ) . . /' /'; ,/ SCOTT BROWN, Plaintitt IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. /qr,(!. .'3999 CIVIL ACTION - LAW IN CUSTODY v. I I I I I I I JESSICA ANN RINIER, Detendant 11 I , , ORDER AND NOW, this 9.iJ., 'n1a. ...c./.... day ot Febt'llary , 1995, the parties having agreed to the entry of an Order of Custody, as provided in the attached Custody Agreement, it is hereby ORDERED and DECREED that custody of the minor child, Vincent Marcolin Brown, shall be as followSl , i I I , 1. CUSTODY OF MINOR CHILDl FATHER and MOTHER agree that they shall have shared legal custody of the parties' minor child, Vincent Marcolin Brown, in terms of decision making powers regarding the health, education and welfare of the child. FATHER and MOTHER agree that FATHER shall have primary physical custody of the parties' minor child, Vincent Marcolin Brown, while MOTHER shall have partial physical custody of Vincent Marcolin Brown. , I , d II 6. ILLNESS OP THE MINOR CHILOl In the event of any ..riou. illne.. of the minor child at any time,' the party then having physical custody of said minor child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the riqht to visit the child as often as he or she desires, consistent with the proper medical care of the child. 7. DOCUMENTS I Each party shall, at the request of the other, execute, acknowledge and deliver to the other party any docUlDents which may be reaBonably necessary to give full force and effect to this custody Agreement. B. VOLUNTARY EXECUTION AND FAIRNESS OF THE AGREEMENT I Each party acknowledges that this Custody Agresment has been entered into by his and her own volition, and with the advice of separate, independent counsel, with full knowledge of the facts and full information as to their legal rights and that each believes the custody Agreement to be reasonable and in the best interest of the minor child under the circumstances and not the result of any dursss or undue influence. 6 , 9. SITUS I This custody Agreement shall be construed and governed in accordance with the laws of the commonwealth of Pennsylvania. )-\. (' , ,,~I J"' r. . N~,.. J. 10. DESCRIPTIVE HEADINGS I The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights and obligations of the parties. 11. BINDING EFFECTl Each of the parties hereto intends to be legally bound. In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party, if found in contempt and ordered by the Court, will pay all attorneys fees, Court costs and expenses incurred by the other party in enforcing that stipulation. BY THE COURT I 7 "'"'11'" ,...... ", '. ',py FROM Fcr'''RD II . ""r 0 .""'. , . , ' .. . . , th.re ')"1,- ,..: hilnd Utili' ..0' " o ~ . oJ! Ul j,j;U l..'J;.'rr at (U(l'~' 0 ':0, 1l.. ....,... Th; 'f' ' dilY r"h1 95- _ Q ',' o ",(,1.",I/y!-, . . 19:.... ......,~~~~, :~....() . .r.J--,-~. , ~~~''''p;~i;;~~ot;~'''''''''"'' ~~I ,t HH~ Ii1 ~ . ~ ~~~! ~. ~s 1;1,~ i . l'l <<Ii t, ~ ~ ~ II !SUI ~ ~~ i ~ B I . .' Ivl~" : .,' ," '~" \) I " <(, \1' , ,'\ JESSICA ANN RINIER, Plaintiff VS. I IN TUE OOlJRT Of' cn'olMa'l PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94-3949 CIVIL TERM I I CIVIL ACTION - LAW I I CUSTODY soorr BR<l\'N, Defendant CJUlBR OF mJRT AND to, this .23'" day of '" AAv consideration of the attached CUstody concilQtion and directed as followSl , 2000, upon Report, it is ordered 1. 'l'tle prior order of this Court dated March 9, 1995 is vacated and replaced with thie order. 2. 'l'tle Mother, Jessica Ann Rinier, and the Father, SCott Brown, shall have shared legal custody of Vincent Marcolin Brown, born February 23, 1993. Each parent ahall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being inclUding, but not limited to, all decisions regarding his health, education and religion. 3. n1e Mother shall have primary p1ysical custody of the Child. 4. The Father shaIl have partial physical custody of the Child on alternating weekends from Friday at 6100 p.m. through Sunday at BlOO p.m., beginning May 26, 2000. The Father shall also have custody of the Child at any other times arranged by agreement of the parties. The parties shall continue to discuss special custody arrangements for the surrmer with expanded custody for the Father. 5. The parties shaIl share or alternate having custody of the Child on hOlidays as follows I A. aUUB'DIAS1 n1e Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12100 noon through Christmas Day at I2100 noon, and Segment Il, which shaIl run fran Christmas Day at 12100 noon through Decenber 26 at 12100 noon. 'I11e Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd nunbered yesrs. 'I'Ile Mother shaIl have custody of the Child during Segment A in odd numbered years and during Segment Il in even numbered years. B. ALTmNATIN<J IKlLIDAYSl 'I'he parties shall alternate having custody of the Child on the foIIowing holidays from 9100 a.m. until BlOO p.m.l Easter Sunday, MenoriaI Day, JuIy 4th, Labor Day, and 'nlanksgiving Day. The alternating holiday scheduIe shall begin with the Father having custody of the Child on Memorial [~y in 2000. C. H01'IlBR'S DAY/FATllBR'S DAY: The Mother shall have custody of the child every year on Mother's Day from 9100 a.m. until BlOO p.m. and the Father shall have custody of the Child every yesr on Father's Day from 9100 a.m. until BlOO p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. E. In the event the Father's period of holiday custody falls il1l1lediately before or following his regular period of weekend custody, the Father's regular/holiday period of custody shall run continuously. 6. Both parties shall be entitled to have custody of the Child for 2 uninterrupted weeks (consecutive or nonconsecutive) during each surrmer school break upon providing at least 3 weeks advance notice to the other party. 7. When the Father is receiving custody of the Child, the parties shall exchange custody at the Wendy's restaurant in Highspire. When the Mother is receiving custody of the Child, the parties shall exchange custody at the McDonalds restaurant at the East Town Mall in Lancaster. B. The Father may file a Petition within thirty (30) days of the date of this order to request an additional Custody Conciliation Conference to review the provisions of this order. BY THE ~~ 5':<'3-00 RK.5 CCl Matthew J. Eshelman, Esquire - Counsel for Mother SCott Brown, Father i I ,":lnl (' '11 u' iJ ':) )1" .. f', f::hU (; ':.HY '.. JESSICA ANN RINIER, Plaintiff I IN THE OOURT OF CXlMMOO PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I : NO. 94-3949 CIVIL TERM vs. . . I CIVIL AC1'ION - LAW srorT BROON, Defendant . . I CUSTODY PRICR JUDGB: GeoI:ge B. Iloffer ClJS'lOOY CXH:ILIATIOO 5lMARY REPCRT IN ACXXJUW<<:E WITII CltlBBRLAND CDm'Y RULB OF CML 1<<o""oOOB 1915.3-8, the undersigned custody Conciliator submits the following reportl 1. 'ltte pertinent information concerning the Child who is the subject of this litigation is as follows: NAME ClJRRIWl'LY IN ClJS'lOOY OF DATE OF BIRTII Vincent Marcolin Brown February 23, 1993 Mother 2. A Conciliation Conference was held on May 17, 2000, with the following individuals in attendance I The Mother, Jessica Ann Rinier, with her counsel, Matthew J. Eshelman, Esquire. 'ltte Father, Scott Brown, did not attend the Conference or contact the Conciliator. The Father is not represented by counsel in this matter. 3. It should be noted that a CUstody Conciliation Conference was originally scheduled for May 2, 2000 at which the Father aleo did not appear. However, it was determined that the Father had not been served with a copy of the order scheduling the Conciliation Conference and therefore a second Conference was scheduled for May 17, 2000. The Mother's counsel indicated at the May 17 Conference that the Father had been served with notice of the Conference by both certified and regular mail. 4. Based on representations made by the Mother and her counsel at the Conference and the fact that the Father did not attend although he was served with notice, the Conciliator recOlll1lends an Order in the form as attached. f Ma...., { ~ I ,.}. fWd Date a" ~ /i.~ j DaWn . Sund y, Esqu re CUstody Conciliator