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HomeMy WebLinkAbout95-05267 ~I -jjl ~1 QC -j1 " 1 . I -51 ~1 ..Ql oJ C:L / E . ~ r- ~. ~. I L!) a- ' ~/ 7'\ "- 1 . , UCT U j \~95. gf TERRI L. REBSTOCK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : PROTECTION FROM ABUSE v. CHARLES E. REBSTOCK, Defendant : NO. 9S-5J~7CIVIL TERM 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. . FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of$25.00 will be assessed against you. You may also be required to pay attorney fees to the Family Law Clinic for its representation of the plaintiff. 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, Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 717/240-6200 AMERICANS WITlI DISABILITIES ACT OF 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 available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE/CUSTODY TERRI L. REBSTOCK, Plaintiff CHARLES E. REBSTOCK, Defendant NO. 95- l);)v7 CIVIL TERM rEMPORARY PROTECTIVE ORDER AND NOW, this 3rJday of October, 1995, upon presentation and consideration of the within Petition, and upon finding that plaintiff, Terri L. Rebstock, residing in Cumberland County, Pennsylvania, is in immediate and present danger of abuse from defendant, Charles E. Rebstock, the following Temporary Order is entered. 1. Defendant, Charles E. Rebstock, is hereby enjoined from physically abusing or harassing plaintiff, Terri L. Rebstock, or placing her in fear of abuse, either personally or through his agents. 2. Defendant, Charles E. Rebstock, is hereby ordered to stay away from petitioner's residence at 116 North 25th Street, Camp Hill, Cumberland County, Pennsylvania, and her place of employment at Leader Nursing and Rehabilitation Center, 1700 Market Street, Camp Hill, Pennsylvania 17011. 3. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 4. The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives. 5. Temporary custody of Eric Dakota Rebstock, is hereby awarded to plaintiff, Terri L. Rebstock. 6. A hearing shall be held in this matter on the tL /~ day of October, 1995 at / J.'()() 4 .M., in Courtroom No. rr, Cumberland County Courthouse, Carlislc, Pennsylvania. 7. Thc Camp Hill Police Department shall be provided with a certified copy of this Ordcr by thc plaintifrs attorncy. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probablc cause that this Ordcr has been violated, whether or not thc violation is committed in thc presence of the police officer. In the event that an arrest is made, under this section, thc dcfendant shaI1 be taken without necessary delay before the court that issued thc ordcr. When that court is unavailablc, thc defendant shall be taken before the appropriate district justice. (23 P.S. 16113). 8. A violation of the Ordcr may subject the defendant to: i) arrest under 23 Fa.C.S. 16113; ii) a private criminal complaint under 23 Fa.C.S. 16113.1; Hi) a charge of indirect criminal contempt under 23 Fa.C.S. 16114, punishable by imprisonment up to six months and a fine of SI00.()()"SI,OOO.OO; and iv) civil contempt undcr 23 Pa.C.S. 16114.1. Resumption of co-residence on the part of thc plaintiff and defendant shall not nullify thc provisions of thc court order. 9. The plaintiff may proceed without pre-payment of fees pending a furthcr order after thc hearing. 10. This Order shall be docketed in the office of the Prothonotary. Thc Prothonotary shall not send a copy of this Ordcr to thc Ocfendant by mail. Scrvice of this Petition and Order upon thc dcfendant, by thc plaintiff, may be cffectuated by certifiedr> return receipt requested or by any applicablc rulc of Civil Procedure. ' I , BY~ 1. eCT 3 3 17 PH '95 ., ,'. -.:,;,) :r TERRI L. REBSTOCK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN PROTECrION FROM ABUSE CHARLES E. REBSTOCK, Defendant 5d(J>1 : NO. 95- CIVIL TERM I'KTITION mR TRMPORARY PROTECTIVE ORDER AJIlD CUSTODY AND SUPPORT The petition of Terri L. Rebstock respectfully represents as follows: COUNT I. PROTECTION FROM ABUSE 1. Plaintiff is an adult individual who is residing at 116 North 25th Street, Camp Hill, Pennsylvania 17011. Plaintiff brings this action for herself. 2. Defendant is an adult individual who is residing at Pennington Hotel Room 398, 4201 Pennington Avenue, Baltimore Maryland 21226. 3. Plaintiff and defendant were married on June 12, 1992. 4. Plaintiff and defendant are the natural parents of Bric Dakota Rebstock, born, 6/30/93. 5. Over the course of their relationship, defendant has "abused" the plaintiff as that term is defined at 23 Pa.C.S.A. 16102(a). He has attempted to cause and has intentionally, knowingly, and recklessly caused bodily injury to plaintiff. This has included but is not limited to the following instances of abuse: a. On August 11, 1995. the day defendant Charles Rebstock was released from prison, the defendant went to the home of loony Ward, plaintiff's father, looking for the plaintiff. He did not find her there. The defendant made threats to plaintiff's father that he would kill the plaintiff and take Bric Rebstock with him. These threats were made in the presence of Jim Talley, Jonny Ward's friend; b. On or about June 27, 1995, the defendanlthreatened the plaintiff that he would kill her if she ever tried to leave him. In a state of extreme anger, the defendant destroyed the furniture in the marital home located at 1029 Martha Court, Apt. lC, Annapolis, Maryland 21403. c. At the end of January 1995, at the marital home, the defendant slammed the plaintiff with great force against the wall and struck her in the head. The defendant, then, physically removed the plaintiff from the house and locked the door forcing her to stand outside in the cold. 6. Plaintiff believes and therefore avers that she will be in immediate and present danger of serious abuse from defendant and that she is in need of protection from abuse. WHEREFORE, pursuant to the provisions of the "Protection From Abuse Act" 23 Pa.C.S. 06101 et seq., plaintiff prays this 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 either personally or through his agents; 2) Prohibiting the defendant from having any contact with the plaintiff, including, but not limited to, restraining the defendant from entering plaintifrs residence, her place of employment or business and from harassing the plaintiff or plaintifrs relatives or minor children; 3) Granting plaintiff temporary custody of the parties' minor child; and B. Schedule a hearing in accordance with the provisions of the "Protection From Abuse Act", and after such hearing, enter an order against the defendant, to be in effect for one years, u follows: I) Requiring the defendant to refrain from abusing the plaintiff either personally or through his agents; 2) Prohibiting the defendant from having any contact with the plaintiff, including, but not limited to, restraining the defendant from entering plaintifrs residence, her place of employment or business and from harassing the plaintiff or plaintifrs relatives or minor children; 3) Directing the defendant to pay the administrative costs and fees required for filing the Petition; 4) Any such other relief as the Court deems appropriate and just. COUNT B. CUSTODY 7. The allegations in paragraphs one through six are incorporated herein by reference. 8. Plaintiff seeks primary legal and physical custody of the following child: Nam Address Ace Eric Dakota Rebstock 116 North 25th Street Camp Hill, PA 17011 2 The child was not born out of wedlock. The child is presently in the custody of Terri Rebstock, who resides at 116 North 25th Street, Camp Hill, Pennsylvania 17011. During the past five years, the child has resided with the following persons and at the following addresses: Names Address 116 North 25th Street Camp Hill, PA 17011 July 6, 1995 - Present DmI Terri Rebstock Edna Crisler Jack CriSler Terri Rebstock Charles Rebstock 1029 Martha Court AptlC Annapolis, MD 21403 August 1993 - July 1995 Terri Rebstock Charles Rebstock Gary Rebstock 305 President Street Annapolis, MD 21403 June 1993 . August 1993 The mother of the child is Terri L. Rebstock, currently residing at 116 North 15th Street, Camp Hill, Pennsylvania 17011. She is married. The father of the child is Charles Rebstock, currently residing at Pennington Hotel, Room 398,4201 Pennington Avenue, Baltimore, Maryland 21226. He is married. 9. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Nam Belatlon!lhlp Eric Dakota Rebstock Edna CriSler Jack Crisler son grandmother grandfather 10. The relationship of defendant to the child is that of father. The defendant currently resides by himself. 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the child since birth; b) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child; c) Plaintiff is willing to accept custody of the child; d) Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs. IS. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to: A. Enter a temporary order giving her custody of said minor child pending disposition of the Protection from Abuse Petition, pursuant to 23 Pa.C.S.A. 16108(a)(4), and B. After the hearing on this petition, grant plaintiff custody of the subject minor child. Date /o~r / Respectfull submitted, ~:: Artur Korniluk Certified Legal Intern J~ ~ h-. THOMAS M. PLACE ROBERT E. RAINS KATHERINE C. PEARSON Supervising Attorney GAIL R. SHEARER Staff Attorney FAMILY LAW CUNIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 COUNTY OF CUMBERLAND SS. COMMONWEALTH OF PENNSYLVANIA I verify that the statements made in this Petition are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Ci~~~ Date / () /;)/ q')- / / ' ~ '\) Ln ~ en ~:. .... - :c - '.~ ~ Q... ,.... - -=r '. \il 'J .~ ('"~.., 0- <..> = V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSPJCUSTODY TERRI L. REBSTOCK, Plaintiff CHARLES E. REBSTOCK, Defendant NO. 95-5267 CIVIL TERM CONSENT AND APPROVAL FOR APPEARANCE UNDER Pa.B.A.R. 322 I hereby consent to the appearance of Artur Komiluk, a Certified Legal Intern under the supervision of an attorney, in the above-entitled custody proceeding before the Honorable Edgar B. Bayley at 11:00 a.m. on October 16, 1995. --- Date /u!i3 J Cj~ I I ~ ~11~ f. OCK As the supervising attorney for Artur Komiluk, certified under Pa.B.A.R. 322, I approve of his appearance on behalf of the above-named client in the above-named proceeding. Date 104/'1 ~- 1'"7 ~1J,(j..~ THOMAS M. PLACE ROBERT E. RAINS KATHERINE C. PEARSON Supervising Attorney GAIL R. SHEARER Staff Attorney FAMILY LAW CUNIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 >{}. ~ ,. ,.. t ' ~ -= ~~ ~ .- -- ) /. 0;::, c;> TERRI L. REBSTOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL AcrION-LA W IN PROTECTION FROM ABUSFJCUSTODY CHARLES B. REBSTOCK, Defendant NO. 95-5267 CIVIL TERM CERTIF1CATE OF SERVICE I, Artur KomiJuk, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Petition for Protection from Abuse and Temporary Protective Order on Charles B. Rebstock, residing at Pennington Hotel, Room 398, Pennington Avenue, Baltimore, Maryland, by depositing a copy of the same in the United Stales mail, certified, restricted delivery, return receipt requested, postage prepaid, this 'Of October, 1995. A//- ~ ~ '7'-~0('~ Artur Korniluk Certified Legal Intern Z 22L 294 L47 ~ Receipt for Cert"ied Mail No Insurance Coverlfil8 Provided == 00 not use tor International Mad ISee Reverse I l;l '" ~ ci o CO .., l'" (/) ;....,,~. ,''', Cl. FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 . "........- '_''''''''JI.~,.~ _.- ,,_~"O^t :~: " " ~ ~ " -..,..,....1... .... . DecemMr "" ~_1_ .". + "^ rn - ''= .,. .""\ ..... ,- .. , ... <... = f r " \ , TERRI L. REBSTOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN PROTECI'ION FROM ABUSE/CUSTODY CHARLES E. REBSTOCK, Defendant NO. 95-5267 CIVIL TERM ORDER IL ANO NOW, this 'V day of October, 1995, upon consideration of the evidence presented at the hearing held on October 16, 1995, the Court finds that Terri L. Rebstock, residing in Cumberland County, Pennsylvania, is in immediate and present danger of abuse from defendant, Charles E. Rebstock, and therefore the following Order is entered. 1. Defendant, Charles E. Rebstock, is hereby enjoined from physically abusing or harassing plaintiff, Terri L. Rebstock, or placing her in fear of abuse, either personally or through his agents. 2. Defendant, Charles E. Rebstock, is hereby ordered to stay away from petitioner's residence at 116 North 25th Street, Camp Hill, Cumberland County, Pennsylvania, and her place of employment at Leader Nursing and Rehabilitation Center, 1700 Market Street, Camp Hill, Pennsylvania 17011. 3. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 4. The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives. 5. Temporary custody of Eric Dakota Rebstock, is hereby awarded to plaintiff, Terri L. Rebstock.