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HomeMy WebLinkAbout95-06062 CERTIFICA n; m'S.:RVln: I, Lisa Marie Coyne, Esqoirc, herchy certify that truc cupy uf the lilrcguing I'reheoring Memorandum was this date served upon the bclu\\'.rcfercnccd individuuls by pcrsunul servicc: Gerold S. Robinson, Esquire Doted: II ~ U ,~ l LI ;squirc )' I Markel Strcet ol11pllill.I'A 170\ 1..4227 (717) 737.()4c.4 1'0. S. CI. No. 53788 ROBERT C. RAMSEY, I IN THE COURT OF CCX>\MON PLEAS OF petitioner I CUMBERLAND COON'l'Y, PENNSYLVANIA I vs. I NO. 95-6062 CIVIL TERM I CIVIL ACTION - LAW MARILYN S. RAMSEY, I Respondent I IN CUSTODY CIU1IlR OF (DIRT AND lOft this .1.4 ,e)day of LhtNU consideration of the at~custody Conc at on Report, and directed as followSl , 199B, upon t is ordered Bearing is scheduled in Courtroan No.5, of the ounty Court Biu.se. A on the ~ day of , 199B, at ~ o'clock, A-.m., at which time be taken in this case. At the Beartng, the Father, Robert C. Ramsey, shall be deemed to be the moving party and shall proceed initially with testimony. counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be called to testify at the Bearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Bearing date. 2. Pending the Bearing, the Mother and the Father shall have shared legal custody of the Children, with the Mother having primary physical csutody of the parties' daughter, catherine Anne Ramsey, and the Father having primary physical custody of the parties' son, Matthew Philip Ramsey. 3. In the event the Mother relocates with Catherine to Atlanta, Georgia pending Bearing, each party shall have partial physical custody of both Children together on alternating weekends from Friday at 5100 p.m. through sunday at 7:00 p.m., beginning with the Mother having custody of the Children over the first weekend she is residing in Atlanta. 4. Each party shall have liberal telephone contact with the child who is not in that party's custody. Such telephone contact shall not be hindered or supervised by the other party. 5. Within five (5) days of the custody condliaiton Conference, the Mother shall provide to the l'ather, through counsel, the address and telephone nUllber where the parties' daughter, catherine, is currently residing in Illinois. BY ':;;j1., J. eel Lisa Marie Coyne, Esquire - Counsel for l'ather SCott W. Pohlman, Esquire - Counsel for Mother _ c..n'........ "..... s..A, ,/ ~ 3/ q B . .oJ. It", ROBERT C. RAMSEY, Petitioner IN 'l'HE CXlURT OF CQ'olMOO PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA ; vs. NO. 95-6062 CIVIL TERM MARILYN S. RAMSEY, Respondent CIVIL AC'l'ION - LAW CUSroDY PRIOO JUDGB: Harold E. Sheely I'.J. CUS'lalY ClKILIATIOO SlMWU' RBPCRT IN A<XnmANCB wml ClJIlBBRLAND aun'lt' RULE CI." CIVIL POCo '1<1 (1m 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. 'It1e pertinent information concerning the Children who are the subjects of this litigation is as follows: !!!!! Matthew Philip Ramsey catherine Anne Ramsey MTB CI." BIR'11I aIlRml'Ly IN CUS'1WY CI." March 18, 1982 March 24, 1987 Petitioner/Father Mother/Mother's Aunt and Uncle 2. A Conciliation Conference was held on January 8, 1998, with the following individuals in attendance; The Father, Robert C. Ramsey, with his counsel, Lisa Marie Coyne, Esquire, and the Mother, Marilyn S. Ramsey, with her counsel, Scott W. Pohlman, Esquire. 3. 'It1is COurt previously entered an order in this matter on December 13, 1995, based upon an agreement reached by the parties at a CUstody Conciliation Conference. That order provided for the Mother to have primary physical custody of both Children and the Father to have periods of partial physical custody. Within a short time after the order was entered, the parties reconciled and then lived in the same reaidence until November 1997 when the Father filed this Petition for custody and approval to relocate with the Children to Atlanta, Georgia. An expedited hearing was scheduled prior to the Fatherrs move but was continued at the Mother's request to allow her to obtain other legal cOlmse1. The Father moved to Atlanta, Georgia on or about December la, 1997 and took the parties' son, Matthew, with him and Matthew is currently enrolled in the paulding County School District in Atlanta. 'It1e Mother currently resides in CUnberland County. 'It1e parties daughter, Catherine, is currently staying with the Mother's aunt and uncle in spring Grove, Illinois where she is currently enrolled in school. 80th parties are seeking primary physical custody of the Children and no agreement was reached at the Conference. 'l'herefore, it will be necesaary to schedule a lIearing in this matter and the Conciliator has contacted the Court Administrator's Office to request an expedited hearing due to the fact that the Children are separated and living in different states with little prospect for either parent to have partial physical custody with the Child in the other party's custody. 4. The Father's position on custody is as follows: The Father believes that it would be in both Children's best interest to reside primarily with him in Georgia. The Father alleged that the Mother has a psychological disorder, for which she does not regUlarly take medication and which results in very aggressive and unpredictable behavior around the Children. The Father indicated that he moved to Atlanta, Georgia due to his employment and that the extended families of both the Mother and Father currently reside in Georgia. 1'he Father believes that the parties' daughter Catherine should be reunited with her brother, Matthew and nineteen year old sister, Maribeth and that the Father can provide a more stable home for the Children. According to the Father, the Mother took the parties' daughter, Catherine to the Mother's aunt and uncle's home in Illinois without the Father's knowledge. The Father stated that he did not know the Child had been removed fran Pennsylvania until the time of the Conference. Also according to the Father, the parties' son is afraid of the Mother and adamantly refuses to have contact with her. 5. The Mother's position on custody is as follows: The Mother believes that it would be in both Children's best interest to reside primarily with her. The Mother indicated that she currently plans to relocate to either Illinois or Texas (where she has potential employment opportunities) or possibly to Georgia. The Mother denied the Father's allegations concerning her failure to take medication or concerning her behavior toward the Children. The Mother feels the Father has manipulated the situation in order to deprive her of custody of the parties' son. The Mother also alleged that the Father has alienated the son from her. The Mother stated that the Father has no rules or control over the Children in his household and that the Father discourages the partiesr son from taking necessary medications. The Mother acknowledged that the parties resided in the same residence since the last CUstody order was entered in 1995, but feels that the prior Order should be enforced as written. The Mother stated that she took the parties' daughter to live with the Mother's aunt and uncle in Illinois because the Mother plans to relocate soon and the living conditions in the marital residence (no heat) were not appropriate for the Child. 6. Pending lIearing, the Conciliator recomnends an Order in the form as attached. It should be noted that both parties sought to obtain primary custody of both Children pending the Hearing. The recoomendation, however, is based upon the fact that both Children were recently enrolled in new schools after being removed from Pennsylvania and attempts to avoid additional uprooting until the Court has rendered a final decision. Due to the extraordinary circumstances involved in this case, the Conciliator recorrmends that the Hearing in this matter be expedi ted as much as ~'.' /JfL1 f; Iffl ~ -~~.-J~~~:;;'.- ~i,:D~.~~;.' . ~ ,1oI~. ,. ;I'{ , .' '-4" , ' <. ~(T'\ _.;..;~X ..' ~ .. ~ i '--j:> . ~ .' . ,', ;,- L_ II I ',.- I . III I I . . , . ~ . I . RODERT C, RAMSEY, Plaintiff : IN TilE COURT OF COMMON I'LEAS OF : CllMDERLANIl COUNTY, I'ENNSYLV ANIA vs, : NO, 95-6062 Civil Tcrm MARYILYN S, RAMSEY, Ilcfcndanl. : CIVIL ACTION -- LAW : IN ClISTOI)Y l'ETlTION FOR MOlliFICATION OF CllSTOI)Y OIUlER AND NOW COMES, the Petitioner, Robert C. Ramscy, by and through his counsel, Liso Marie Coyne, Esquirc, and IiIcs thc within Petition for Modification of Custody Ordcr for shorcd legol custody and primary physical custody of his two minor childrcn and in supportthcrcof, avcrs thc following: I. 11le Pctitioner is Robcrt C. Romsey, who is tcmporarily rcsiding ot Quality Inn, Carlisle, Pennsylvania. 2. TIlc Respondent is Morilyn Rumsey, residing at 35 Tcabeny Drive, Carlisle, Cumberland County, Pcnnsylvania. 3, Petitioncr sceks primory physical custody ofthc following childrcn: ~ Prcscnt Addrcss A>>$.. Matlhew Philip Ramsey Quality Inn, Carli sic, PA 15 yrs, (DOB: March 18, 1982) Catherinc Annc Romscy 35 Teabeny Drive, Carlislc,PA 10 yrs. (DOB: March 24, 1987) 'lllc childrcn wcrc not bom out of wcdlock. Currcntly, Matlhcw is in thc custody of thc Pctitioncr and is rcsiding with thc Pctitioncr/fathcr in tcmporary lodging as abovc statcd and Catherine is in the custody of thc Respondent and is residing with nespondenllmolher allhe obove.referenced addrcss.. Duringlhe posl five years, Ihe child has resided with the following persons ond at the lilllowing addresscs: ~ Address: I'orents: June 1993 10 Presenl 35 Teaberry Drive, Corlisle,Pennsylvania Bolh I'arents and siblings 1989 to June 1993 I'lano, Texas Bolh I'arents and siblings 4. The mother of Ihe children is Marilyn Ramsey, who currenlly residcs at 35 TcabelT)' Drivc, Carlisle, Pennsylvonio. She is manied to Ihe Petitioner. 5. llle father of the children is Robert C. Ramsey, who cU\Tcnlly resides al Quality Inn, Carlisle, I'ennsylvanio. He is married 10 the Respondent. 6. 11le relationship of I'etitioner to the children is that of naturol father. llle I'elitioner cU\Tenlly resides with the following pcrsons: Matthew I'hilip Ramsey and Maribeth Ramsey, the parties' oldesl child, now age 19. 7. 'Ibe relationship of Respondcntto the childrcn is that of natural mother. lbe nespondent currenlly resides with Catherine Anne namsey, the minor daughter of the parties. 8. In 1995, the parties enlered into a consent order with regard to custody alTUngements for their children. Subsequent to that order, the purties reconciled and no custody evaluation was rcquired by agreemenl of the parties and sincc then they have lived together with Iheir children in Cumberlond County. A copy of the prior Order is attached hereto us Exhibit "A". 10. Petitioner docs not know of n I'ersonnot n party to the proccedings who hns physical custody of Ihe child or claims to have custody or visitation righls with respect 10 the children. 11. '111e besl intercst nnd penllnncnt welfare of the childrcn will be served by grnnlingtbe relief requested because the Petitioner, lulher. is beingtranslcrrcd Ihnll his employment in Cumberland - ../ '. DEe 1 1 1~95 If ROIlERT C. RAMSEr, Plaintiff I IN mt o:lUR'l' Cf' CXJoH:'N PLEAS Of' I ctJIBERLAND CXXN1'Y, PIlNNSYL VANIA I I 00. 95-6062 CIVIL TF.RH I I CIVIL AC'l'IClQ - LAIf I OJS'lOOY va. HARIL~ S. RAtlS!lr, Oefenc3ant ~ at In:m III) -, th1a /3:t1... day of /u"..~,~., , 199.$', upon cOlllliderat1cn of the attached Cust:~ Caleilillt10n SUIInry Rlport,it .1. ordered and direct.cl as followlll 1. '1l1e partiea shall lIIlIxnit th_lves end their mnor Chllckon to a CIlB~ evaluation to t. perfor1llld by Arnold Shilnvold, Phd. Cost of the eVllluation ehal1 be lhared equally by the parties. Upon the conc:1l1l1ion of the eval\llltion and in the event the partilll an not at that t1Jna able to ;reach . pltl:lll&l'lerlt 89r-t on custody, either party nay Pltition the COurt to have thill c:aae again schllilled \lith the CwI~ Coneiliator' for II ICont"en~. 2. Pending flJt'ther Ordlr of this Court or IIg~t of thl parties, thl Father shall have prinaty physical ClIlIt~ of Haribeth Rlmey (ag. 17) end the Mother shall have primary physical custody of Matthew (lIg. 14) end CatherilKl RllrnMy (llg1 B). The partilll ahal1 have shared 1.1 custody. , 3. The Father aha11 have partial phYllieal cuatody of Matthw and catherine Ramley on alternating \llClke~ fran '1l1ureday after school W'Itil the tollowill9 I'londay morning. During I<edts follOWing IIWkenCl. in which the Mother had custody of Matthew llI1d catherine, the Father shall have partial custody of the ChU&'en on Tueaday evening after ""hool until BlJa p.m. DUring IIKkB fo11O\1ing wekend. in which the Father had eustody of Matth4lll and Catherine, the FIlther ehall have !f1yaical custody of the Children on Thur~y eVlninq after .choa1 until 8:30 p.m. '.L'hia alternating weekday llvenillg ClIlItody schedule eha11 begin on Decellber 5. 1995. The Father's IIltemating liflekend custOCly schedule shall begin on Decerrber 7, 1995. The Father shall have tilyaica1 custody of the Children over- the Christ:Jl1lls holiday in 1995 frau Decent>et' 21 after school I.lI1til Decenber 24 at 12:00 noon and fran Oecembllr 25 at 12:00 noon until 09carber 26 Bt 12:00 noon. 4. '1l1e Mother- shall havB partial physical custody ot Maribeth Ramsey (egB 17) all mutually a91""" by the partie::!. 5. '1l111l Order ill Intot'ed purllusnt to an &qreement of the parties at a , ,. I I I I Er J,/.,J)/ ) CERTIFICA n; OF SERVICE I, LISA MARIE COYNE, ESQUIRE, herehy eertify lhatl have, on lhe below dote, caused a true ond correct copies of lhe alloehed Petition for Modification of Custody Order 10 be served upon the person nomed below by way of certified firsl closs moil, postage prepaid, retum receipt requested: John J. Connelly, Jr., Esquire Connelly, Reid & Spade 108-112 Wolnut Street Horrisburg, I' A 17108 Date: /q NN 17 - ft: ,... -- ~~ r: r:; I' G . - l.uC1 .' (,\o". .0 1;'.1 f_c ~1 to';" , . ot: ,. ~. - I. t" d f?" i"l. "'.i . :-~~ " t;1 j:': II. J,." " .--,w- I' o. :.L. t'~ .' r- ) '-, a- 0 (," U) 0..". r.. .'- ..:J ." . r-~: . co, u~--. ( . . .--( t"-. I"J.. I: I (it , . r \.--, ~F I i ".. G-,I <. ".'1 " . I "'JU.. I. L.;. . ~~; " ,.... -j () 0' iJ . ,;,":: F~+-! I) i " , I ....._--,,-_. ;. .~ ..- ,:":;'f!:'!;,~~ AN~E~b~W~orw5;v':~ .;cg~lJ ." " :-~~~;:\~~^"~ . P.O, lOll 51)0, H"'~~IIUIIG, I'INNIYlVANtA 1711 O.SUO '-,- ROBERT C. RAMSEY, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I I No. 95-6062 I Pet! tioner, v. MARILYN S, RAMSEY, Respondent. Civil Action - Law in custody PRE-HEARING MEMORANDUM Respondent, MARILYN S. RAMSEY, by and through her undersigned counsel, Gerald S. Robinson, Esquire, submits the following Memorandum setting forth her position on custody. 1. Respondent concurs with the position statement attributed to her included in the custody Conciliation summary Report submitted by Custody Conciliator, Dawn S. Sunday. To support this position Respondent will present the testimony of the maternal grandparents. 2. To the extent the Court determines that the psychological disorder alleged by the Petition is relevant to these proceedings, Respondent contends that only professional psychological evaluations be considered. Respectfully submitted, ROBINSON , GERALDO ~~riil~i~ire Attorney 1.0. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Respondent mILs" tffIIIISf{' /PCf/-j/70 F1I ED-QFRCE OF TW l:r:.'\1' ""':1TNW q7H~Y 12 nl\1I103 cut' 'I'" ,..,.",,{ ,i .c.. ( , .J . I.: ..... ~ ..'!', I PI;t\NSYL\W~IA ROBERT C. RAMSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. 95.f1062 CIVIL MARILYN S. RAMSEY. Defendant PROTECTION mOM ABUSE ORDER AND NOW, this /0'" day of March, 1'.197, thc dct'cndantls releascd from thc Cumbcrland County Prison on hcr own rccognizancc. Hcaring in thc abovc caplloncd mallcr set for Mareh 13. 1997. Is continued to Wcdnesday. May 7.1997, at 1:30 p.m. in Courtroom Numbcr 4. Cumberland County Courthousc, Carlisle. I'A. The temporary order datcd March 5, 19'.17. to remain in full force and cffcct pcndlng furthcr ordcr of court. BY THE COURT. Austin Grogan. Esquire For thc Plaintiff 'r 1',,~.J NGu<.J, 3Iu.''j't ;14- John Connclly. Esquirc For the Dcfendant CCI' Shcriff :rlin .,.. \D 11: ,.,,~. (;.~ . I,.' .. w( N o. , '-' ,. :::: :-" (t' . ~\ u.. ..:.i 0 >- ':.') 'j ~< _I ? u..:' r.: . ittJ i. :L: . >~ u.. " r- :J t..J 0" LJ n..",U4UNl<<)IlNfO ro &\.)~I").j ....,U'...M~....I8' fA '''OJ SURm, BONDSMAN, REAL TV BAIL BOND APPLICABLE PORTION OF REVERSE SIDE MUST BE COMPLETED CERTIFICATION OF BAIL AND DISCHARGE " ,,'I I I A' ,I ~.l I I';'.\! OTN CQt.lUON'fIo' Al lH \is 10",.".."", ....."'.. ..",,1."1'1'\\' ,"1.11'.1,'" , ,. """",,, 95-6062 civil Te l'A'lli' (1;"'II,li~1 Marilyn s. Ilansey 35 'J'eaberry Drive Carlisle, PA 17013 00 ROR(no6ulctyl L.I NornmalUal1 o 8011(10181 arnounl &01, II onyl $ lKl CoMlllons 01 R'I,as' (aSide trom appearing III cnur! when requlled I No contact with plaintiff contempt (Violation of Protection Fron Abuse Order) to ~] Oelenhon Cenlel COUIlT ACTION In,"ll()!lCourlroan 4 0J11berland Co. Courtho o Oll1e' l'AlIAM"'''''1 I tll'fl'O~ ce'llly Illal suHlel~nl boll has been enlolod Xl By Ihe tjelendanl [ ] On bel1all 01 Ihe delendanl bV (allaeh addenoum, II necessalY) MeUllIh OR SUJlll' "I A'n I o SUlely Company o ProfeSSIonal Bondsman o Really o Oll1el .",....,f' & A'M'.." ' . (",'''1" tl >(.n~. ,",1) . Relund 01 cash bait w,lI be made Wllll'll 20 days nllol final d'5posl\lon lPa R Cr P 4015tbll . Rt!lund 01 all OIMr types 01 bali Will be made prornpllV allel 20daY51ollo\o\Ing tlnal OISposlllon tPa R CI P 401Sta)) JUOO{ ()R155UINliAUllll)llllt Hen. Kevin A. Hess, Jud e . UflllQ C<l511 Ball f~ee(>lplloOello. 01 Courl APPEARANCE OR BAIL BOND DISCHARGI . ,II ABOVI.NAMED DlflNDANI FROM CuStODY If IlIlAlNI D I OR FW OlAIR CAUSE IHAN THE ABOVE STAlED THIS BOND tS VALID FOR THE ENTIRE PROCEEDINGS AND UNTil FUll AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY tILED tN THE SUPREME COURT OF THE UNITED STATES. (i'wl'f1 lJrlllP' In)' flann.me H1I' OIl'(lal Seal alUus COIlII "l'~ 10th d;rvol MAr~h ,HJ91. _\U:~~~\\\~l1lu.O'''' t\+.- ISEALI I ...,~ ", ( ,,,,,, I" 'B"I 'v';,~'~De t Prothonota WE, THE UNDERSIGNED, datlndant Ind Iurely, our luccenorl, hl"" Ind ""Ign", "' Jolntlv Ind ....reIlV bound to PlY to Ihl Commonwealth 01 Plnn1V'.lnll tha lum 01 None dolllllll). SEE REVERSE ~;IU[ JailBAit CONIJITlON~; CERTIFICATION OF COUN jER INDEMNITY AND PREMIUM (Applicable Only When Surely Is A Corporalton) PIlllUpJI ,1M "Surety" hereby celllly fhal !he amount pa,d b~ said Pllflclpallo S':1I0 Surel~ 10' IMil In lIle allowe m,ll!e'IS' and Ihalno lullhel sum 01 sums IS to be rh'IO IherelOle IIW IIle s,WI PllflUP,l1 01 ,tnyUflt! on hiS IJI'h.lll We lurther cefltly Ihal salO Pllnclpal has gl~lm 10 S.1111l;,ulfly rOllllll'IInrtt!rnn1ly {OIlSIStlnlj ot olllle value 01 S nlollows and no luHllrr (ounler mdemMy IS 10 be given Ihe said SUlely e.cepl We lUIlhef [ellll~ Ihallhere are no lul1YnlenlS dgclln!lllhe ~dlll tOrpor tile surely U1Jlslandlllg dllO unpaid 101 a IJeflOd 01 male IlIdn Ihllly days hOnllhe ddle ollhe enlly ofsuth judgmenl ellepllhose In 'Whl(h d pettllo" 10 open 01 ~cI{ale Ihe ludYlllenl hd!llJren Iiled dnd lellldm!! undl!)IIOsed 01 B.led I~ tStAll ""'.1" MUST BE SIGNED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDGE TIlAT I AM lEGAllY RESPONSIBLE FOR THE tUll AMOUNT OF TilE BAil. 1St All """'11 K tSIAll rho lol/n'lo"'g iJOIIOnlt'llql!'lIf'fll '!I.W,() .11JI)IoI",.N.. II IlmClmragft C,n" nail" fI~l!f' lHISHtJN()!;I(iNllJ()tl MRrch 10th al Carlisle I~;I All , ~I.!.U- 1'1 fjtj~J' I V^,~I^ ~il!1n,l1u/l' ", :JIJ''''Y rM,I~ 11'.' ff(}"l'~m,'11 /filII Ag"nq Il' 111/\",111' 111I11\'11/1101101 olga1ll1.1'1(1111 III f'lIt \0\'"'11 1/1..'11'",1.11I' I~i IlI/f'ilSl'lI (111 hl~ 111\11 'l'/llf)flllall( fl IHI)lf1 "fI~ mlJ~1 ill' \ltllrf'{1 II' iJl/ iJill1 ~I'liilfl(lll" Hlt/l/llll1ijflIJm"hlllJ.II/ ,""'---t><l hCt'l -.1>..-' ('(,' SlfJl1l!IJillld;lil<ruIW!l'llljl'lllll'IOII'Jllf'!!I". lnt"h tl,l~l,'_.l1arr.h ''l.!11- \u...\ [).Ll1~IlLI\I~_llt'l~I.tJ'_.I.~rl1tl1l1nl)l ill)' Deputy I'rothI)M~..irv' " " . In C.fl~l.' or (.n/11IH.lf" ',lJ/I"~tl,j11 "1)1\"'111 Alllll1l1'~ ",,/" llllllllf~,\l tJtl,l"tll'll 10 lln/ul III """"V!I',l't)(IIH/1', Ilrv.Hlll ';1 1111,1, l\t;' .... , '. . ,I' ,"" .' ,'. \/'1 " (".. e/1I1 ,J'.I',,"','llI'1I1,IYl'1 ,",II ll,jol Iii fJllllltll"IH.,i! "1)"1" ;1' A"OIIII'~' l')III1/lfllllJllllcl Sill. 1\ If I ". :\'.llq"r Itl_llUI,Ah Cf\~;l-: UCI: lr,YY'l'I,,"'(,\,il<. I' CIJNMUllWliAl. I'll UF I'I;tm~;YI.V Atl I A: ellllNTI LW CUtIlH-:f\l"IItW Fi A M ~;l:..!'.....Ji!1.P!::.Li.L\;__._~LA!-__-- V~J. RAMSFY "ARILYN S PAVII' Nell JllIn-:y _, Sherif! 01 Dl?puty Shel-Uf of ClIM[1[H( AtH! Count}', Ppnn"ylvanta. \lho betng duly ..\lorn accord1n~ \ n 103\1, nays, the \llUlln ffi9rEr:Tlllll ,.'f/IJM A1JUSI-: \lall IHnved UpOI> HAN~jU' I1AflILYl1 ~ . he defendant, dt !C' J'i: 00 HOUh~;, 011 thl? ...:llli d"y oj "~r ell I'lYl at "0'\ CUIHHRY :-j\I)L LAtIl: CANF 11\1.1, , I'A 17.)\1 , i.lltllll:.I1I.(,IW (')Unty, Pc.'nnE}'j\'ilnla, by hand1ng to 11AIiI I.l'tl ~;, 1i^!1;-:ll__ a U.ue and au""ted copy 01 Ihe ..J.:!iUr\';CI'IUIl FI\U!Ll\lJllS~;____ l f1gd hOi'I \I 1 l h Tl:.tIPl)RARY 1'liU [I.;I.TI Oil Uli[IEIi and [it tht:- Bame time d11"\:?'Ct.1Ug Her atttJ:ntlon ti) tilt? cL'f1lpnt.ti 'lhJ.!leol. Sherlff's COf,t81 [l{)C kf?t J. nq :::,er Vlef:: . AffHJavlt ~:;ul.cho:irge 11\,00 H,G8 , ,~0 ~j00 c'" "";.:'='10"''''''/ /.# ? .>;:t..;"'-/<.-r'~ R:-ITi.'7iTa0--T-ri~ -,-'-rIL~-l-rrr--.------ ~e.lI8 ~'l01 \..1v1 . (l\,?i~)n by /}""I' ----.--J2r'j/ll/!/V).~~--- 'I.' p II j' "~L(:J 1 rr--u SW1nn dud Luh13I'rllJt>d ta !~I;-:<JI.'r~': r:\L ..- tl11 u 'I - jl~])' '.J f 71f..t.u..I....,./ I'.' 1') I,. I'. (-, L. () )1 Ul'i~ . O"L, TI ".." I h.. .,. u I.., I Y' ',-, In jail and any other approprlale punishment. Consent of the Plaintiff to the Defendant's resumption of residence with the Plaintiff shall not Invalidate this Order. The Defendant shall seek modification (change) of this Order before resuming residence in the Plaintiff's domicile, wherever it may be. Temporary custody of Mallhew Ramsey, age 15; and Catherine Ramsey, age 10 Is hereby awarded to the Plaintiff, ROBERT C. RAMSEY. The Defendant is ordered to refrain from having any contact with the Plaintiff (including, but not limited to, restraining the Defendant from entering the place of employment or business or school of the Plaintiff and from harassing the Plaintiff, Plaintiff's relatives or minor children. This Order shall remain in effect until a final order is entered In this case, A hearing shall be held on this mailer on the /3~ day of '111 tV!. ~"A/ ,1997, at 1fJ-i.M. in Courtroom No.~, Cumberland County Courthouse, Carlisle, Pennsylvania. The Plaintiff may proceed in fillnlilnauneris pending a further order after the hearing. The Cumberland County Sheriff's office shall allemptto make service at the Plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure, The Middlesex, East Pcnnsboro and Silver Spring Township 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 presenC!.! of the police officer. In the event lhat an arrest Is made under Ihis seclion, the Defendanl shall not be laken to jail bul shall be laken without unnecessary delay before the court that issued Ihe Order, Whenlhal court is unavailable, the Defendant shall be arraigned before a distrlcl justice who shall set bail according to the provisions of Chapler 4000 of Ihe Pennsylvania Rules of Criminal Procedure (23 Pa.C.S.A, Section 6113). BY THE COURT. J, ROBERT C. RAMSEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY, PENNSYLVANIA CIVIL ACTION. LAW for himself and on behalf of his minor children NO. 95.[,062 v. MARILYN S. RAMSEY, Defendant PROTECTION FROM ABUSE AND CUSTODY TO THE HONORABLE HAROLD SHEELY, P.J. PROTECTION FROM ABUSE ORDER 1. The Plaintiff is an adult individual whose address is 35 Teaberry Drive, Carlisle, Middlesex Township, Cumberland Counly, Pennsylvania 17013, The Plaintiff brings Ihls action for himself and the parties two minor children; Mallhew, age 15 and Catherine, age 10. 2. The Defendant Is an adult individual residing at 35 Teaberry Drive, Carlisle, Middlesex Township, Pennsylvania 17013. 3. The Defendant is the spouse of the PI.llntlfr. COUNT I 4. On or about Saturday, February 22, 1997, Ihe Defendant assaulted the Plaintiff by bUllheading him, grabbing his groin and kneeinglhe Plaintiff In the groin area, causing pain and injury in Ihatthe Plaintiff was required to seek medic.ll allentlon. 5. The Defendant was charged and incarcerated on a count of simple assault and ordcrcd (Jut of Ihe r1li1lital home. 6, On or about January 6, 1997, the Defendanl again argued and fought with the Plaintiff striking him and the pmtles minor child Matthew Ramsey. 7. A prior PFA was entered by this Honor,lble Courl which is incorporaled by reference (prior PFA Petition attached as Exhibit" 1 "l. 8. The Plaintiff believes and Iherefore avers Ihal he and his children will be in immediate and present danger of abuse frorn Ihe Defendant should he return to the home with his children without the Defendant's exclusion and that he and his children are In need of prolectlon from such abuse. 9. The Plaintiff desires that the Defendant be restrained from entering his place of employment, business or school having any contact with him, harassing the Plaintiff or Plaintiff's relatives, or minor children or the entering the children's schools. WHEREFORE, pursuanl to the provisions of the "Protection From Abuse Act" of October 7, 1976,23 Pa,C.S.A. ~lil0l gl Mm., as amended, the Plaintiff prays this Honorable Court 10 grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Requiring the Defendant 10 refrain from ahusing Plaintiff ,1nd his minor children or placing them in fear of abuse. 2. Requiring Ihe Defendant to refrain from h,lVinll any contact with Ihe Plaintiff, including, but not limited to, restr,linlng the D('fendanl from entering Ihe place of employment or husln('ss or school of the Plaintiff's .lIld from harassing Ihe Plainllff, Plaintiff's relallves or minor childn'n. 3. Granting temporary custody of the Illlnor children to the Plaintiff, 4, Granting possession of 11ll! hOllle located ,It 35 Teaherry Drive, Carlisle, Middlesex Township, Cumherland County, Penmylviini.lto the Plaintiff 10 the exclusion of the Defendant pending a final order in Ihis mailer. 5. Ordering the Defendant to stay away from the residence located al 35 Teaherry Drive, Carlisle, Middlesex Township, Cumherland County, Pennsylvania. 6. Ordering the Defendanlto stay away from any residence the Plaintiff may in the future estahllsh for himself; and B. Schedule a hearing in accordance with the provisions of the "Protection from Ahuse Act," and, after such hearing, enter an order to he in effect for a period of one year; 1. Requiring the Defendant to refrain from ahusing Plainllff and his minor children or placing them in fear of ahuse. 2. Requiring the Defendant to refrain from having any contact with the Plaintiff, Including, hut not limited to, restraining the Defendant from entering the place of employment or husiness or school of the Plaintiff's and from harassing the Plaintiff, PI.1lnllff's relatives or mlnOl children. 3. Granting possession of till' rl'sidei1(l! ,11 :15 Tl'aberry Drive, c.lIllsle, Mlddlesl'x Township, Cumbl'r1and County, l'ennsylv,lI1i,lto the 1'1,lintlff to the l!xcluslon of the Defendant. 4. Ordmltllllhe Defendalltto stay aw.ty from the resldellcl! localed at 35 Teaherry Drlvl!, c'lIllsh', Middlesex Towll5hlp, Cumhl'rland County, Pl'llnsylv,lnl,l. resumption of residence with the Plaintiff shall not invalidate this Order. The Defendanf shall seek modification (change) of this Order before resuming residence in the Plaintiff's domicile, wherever it may be. Temporary custody of ~il\lrm; Maribelh Ramsey, age 17; t.IIlatlJ~ ~~t1l.R!m~~, is hereby awarded to Ihe Plaintiff, ROllERT C. RAMSEY. The Defendant is ordered to refrain from having any comact with the Plaintiff (including, but not limited to. restraining the Defendant from entering the place of employment or business or school of the Plaimiff and from harassing the Plaintiff. Plaintiffs relatives or minor children. This Order shall remain in effect until a final order is emered in this case. A hearing shall be held on this matter on the ;M day of 1'Ln~"'''Y1995. at I: ,3d P.M. in Courtroom No.L, Cumberland County Courthouse, Carlisle, Pennsylvania. l11e Cumberland County Sheriff's office shall allempt to make service at the Plaintiffs request, but service may be accomplished under any applicable rule of Civil Procedure. The Middlesex. East Pennsboro and Silver Spring Township Police Departments will be provided with a copy of this Order by allorneys for Plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by nrrest for indirect criminal contempt without wnrram upon probnble cnuse thntthis Order hns been violnted, whether or not the violation is commilled in the presence of the police officer. In the event that an arrest is mnde under this seclion, the Defendam shnllnot be taken to jail but shall be Plaintiff and his childrcn, and by physicalmcnacc has placcd Ihc Plailll;ff and his children in fear or imminent scrious bodily injury. 11lis has includcd but is not Iimitcd to thc following spccific instanccs of abuse: a. On October 16, 1995, Defcndant shovcd and pushcd to thc ground;"tllc couplc's minor daughtcr, Maribcth Ramsey, uscd obsccne language and spit in the minor's face. b. On October 15, 1995, Defendant poured ice watcr on minor, Maribeth Ramsey, while she was sleeping. The minor left the residence and stayed with a neighbor. Defcndant then used obscene language with husband degraded him to the panies' s minor child, Catherine Ramsey. Plaintiff attempted to get away from the Defendant however, Defendant continued to block Plaintiff's way. Plaintiff went outside in an attempt to again rcmove himsclf from the violent rages of the Dcfcndant and Defendant then thrcw a pair of golf shoes at Plaintiff. Plaintiff tllen attemptcd to ignorc Dcfendant by lending to his rose garden. Defendant thcn produccd a pair of c1ippcrs and bcgan clipping off the roses in a threatening manner, placing the Dcfcndant in imminent abuse. Plaintiff retrcated to the family resldcnce when the Defendant followed. Defendant then hit Plaillliff in the right eye, punched and kickcd at Plaintiff's groin cut off a piece of Plaintiff's hair with a pair of scissors, dragged Plaintiff around the living room by his hair. Plaintiff then went into the parties' bedroom and lockcd Ihe door. The Defendant managed to pick the lock of thc bedroom door and continued to hit and kick Plaintiff. Defendant then obtained watcr from the parties' bathroom and threw it on Plaintiff and left the parties bedroom. Plaintiff then re- locked the bcdroom door and barricaded samc. Dcfendant then broke the door from the hingcs and out of the frame. She then bcgan hitting Plaintiff with the door as he lay on the bed. c. On Seprember 9, 1995 pollee were called to the panies' residence. Defendant had been hitting the Plaintiff. Defendant hit tlte minor, Mattllew Ramsey, causing his mouth to bleed. The Plaintiff attempted to record lite rantings of tlle Defendant, The Defendant attempted to oblain tlle recorder. Plaintiff put the recorder in his jeans. Defendant then sat on the Plaintiff and cut open his jeans in an attempt to obtain the recorder. d. On February 17, 1995 Defendant asused Ihe minor child, Maribeth Ramsey, by punching her in tlle face and causing bleeding from the mouth. e. On January 16, 1995 the police were called to the panies residence. Defendant again struck the minor, Maribeth Ramsey. 6. On October 16, 1995 the Plaintiff and his one child, Maribeth Ramsey left their residence at 35 Teaberry, Carlisle, Middlesex Township, Cumberland County, Pennsylvania in order to avoid funher abuse. 7. The Plaintiff believes and tllerefore avers that he and his children will be in immediate and present danger of abuse from tlle Defendant should he return to the home with his children without the Defendant's exclusion and that he and his children are in need of protection from such abuse. S. The Plaintiff dcsires thatlhe Defendant be rcstraincd from cntering his place of employmcnt, busincss or school having any contact with him, harassing the Plaintiff or Plaintiff's relalives, or minor children or thc entcring the children's schools. 9. Thc Defendant has used or thrcatencd to usc thc following weapons In his abuse of the Plaintiff (and/or the minor chlldrcn): Scissors. 12. The Plaintiff has no knowlcdge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 13. The Plaintiff does not know of any person not a party to tJlis aClion who has physical custody of the children or claims to have custody or visilation rights witri respect to the children. 14. The best interests and permanent welfare of the children will be met if custody is temporarily granted to the Plaintiff pending a hearing in this mailer because: a. The Plaintiff is a fit parent who can bestll1ke care of his children. b. The Defendant has shown by her abuse of the Plaintiff that she is not an appropriate role model for the children. c. The Defendant has demonstrated by her abuse of the children that she is an unfit parent. C, EXCLUSIVE POSSESSION IS. The home from which the Plaintiff Is asking the Court to exclude the Defendant is owned In the names of ROBERT C. RAMSEY and MAIULYN S, RAMSEY. 16. The Plaintiff currelllly has no placc to stay wilh his children except the marital home. 17. Thc Plaintiff dcsircs posscssion of the homc so as to give the greatest degree of continuity to lives of thc chiltlrcn ilntl to 1I11ow thcm to continue their education at their schools and to continue their schoolllntl sodill activitics. WHEREI'ORE, pursllilnt 1Il the provisions of thc "Protection froll1 Ahuse Act" of October 7.1976,23 Pa.C.S.A. Section 6101 ~ ~., as amended, the Plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Prolection from Abuse Act:" I. Requiring the Defendant 10 refrain from abusing the Plaintiff and his minor children or placing them in fear of abuse. 2. Requiring the Defendam to refrain from having any contact with the Plaintiff, including, but not limited 10, restraining the Defendant from entering the place of employment or business or school of the Plaintiff and from harassing the Plaintiff. Plaintiff's relatives or minor children. 3. Granting temporary custody of the minor children to the Plaintiff; 4. Granting possession of the home localed at 35 Teaberry Drive. Carlisle, Middlesex Township, Cumberland County, Pennsylvania to the Plaintiff to the exclusion of the Defendant pending a final order in this maller; 5. Ordering the Defendant to stay away from the residence located at 35 Teaberry Drive, Carlisle, Middlesex Township, Cumberland County, Pennsylvania. 6. Ordering the Defendant to stay away from any residence the Plaintiff may in the future establish for himself; and B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act." and, after such hearing, enter an order 10 be in effect for a period of one year: I. Requiring the Defendanl to refrain from abusing the i'laillliff or his minor children or placing Ihem in fear of abuse. 2. Requiring the Defendant to refrain from having any contact with the Plaintiff, including, but not limited to, rcstraining the Defendant from cntering the place of ... employment or business or school of the Plalmiff and from harassing the Plainliff. Plairitiffs relatives or minor children. 3. Granting possession of the residence at 35 Tcabcrry Drive, Carlislc. Middlesex Township, Cumbcrland County. Pennsylvania. to the Plaintiff to Ihe cxclusion of the Defendant. 4. Ordering the Defendant to stay away from the residence located at 35 Teabcrry Drive, Carlisle, Middlesex Township. Cumbcrland Coumy, Pennsylvania. 5. Ordering the Defendant to stay away from any residence the Plaimiff may in the future establish for himself. The Plaimiff funher asks that this a copy of this Petition and Order be delivered to the Middlesex Township, East Pennsboro Township and Silver Spring Township, Police Departments as the Police Departmems with 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 I. The allegations of Count I above are incorporated herein as If fully set forth. 2. The hest Imerests and pennanel1l welfare of thc children will he served by conf1nning custody in the Plaintiff as set forth in Paragraph 14 of Ihe Petition. WHEREFORE. pursua:llto 23 P.S. Section 1001 !;.\ ~., and other applicable rules and law, the Plaintiff prays this Honorable Court to award custody of Ihe minor children to him. ROBERT C. RAMSEY, IN TilE COURT OF COMMON PLEAS plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 95-6062 CIVIL TERM MARILYN S, RAMSEY, PROTECTION FROM ABUSE Defendant AND CUSTODY ORDER 1-\-\ \\ AND NOW, this llD day of \-\J I...~"v\-Q.'--; 1995, upon Movant's Motion to Make Rule Absolute, it is hereby ordered and decreed that stephen G. Held, Esquire, is released as counsel for Marilyn Ramsey and has no further responsibility to represent the Defendant in this matter, BY TilE COURT: -IJ~~; /~~ . f"- -- J. rRUE COpy FROM RECOkU . n T estlmony whereal. I here unto set my hand IIld the seal 01 said Cou~. al Carlisle. ,,' 1 his -.I '. 1\ \ day ol~ I J" '. 19. " I.' ,1/ f 'l...~lli\( ,,' ,'-' Prothonotlry ROBERT C. RAMSEY, I IN THE COURT OF COMMON PLEAS plaintiff I I OF CUMBERLAND COUNTY I PENNSYLVANIA vs. I CIVIL ACTION - LAW I NO. 95-6062 CIVIL TERM MARILYN S. RAMSEY, : PROTECTION FROM ABUSE Defendant AND CUSTODY ORDER AND NOW, this day of , 1995, upon Movant's Motion to Make Rule Absolute, it is hereby ordered and decreed that stephen G. Held, Esquire, is released as counsel for Marilyn Ramsey and has no further responsibility to represent the Defendant in this matter. BY THE COURT: J. FilFn-Oo"iiCE C:= iW ri"Y" "'I!:ITN1Y . I" ~J \'J. J l, 9S [lfC 20 F'iI I: 38 CUII''''''''L''J .,,, '\"'\' lYil.tl~tf ',1\, Lt.-'L, " P(:NfI!:;\l\I Wt~ I ...,,1 \,,1 t~\}\ \.l""wuIJ". . :\\t . \)\\1'" I 1 \\'\,,~ 1"....L1 \" ROBERT c. RAMSEY, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 95-6062 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY vs. MARILYN S. RAMSEY, Defendant RULE AND NOW, this 4.::Ji... day of F'''r,~.l...." 1995, upon consideration of the foregoing petitioner and affidavit and on motion of Stephen G. Held, Esq., the Court grants a Rule on defendant and Austin Grogan, Esquire, attorney for plaintiff, Robert C. Ramsey, to show cause why the appearance of Stephen G. ,~. Ileld, Esq., attorney for d,fendant, shOUld/be withdrawn. Rule returnable twenty (20) days after service. By the Court: .nl..1:J-u,u{d., [. .J~l~ J. ..."!.,, ."'''1) . '1'.;t".J ; . 1...II'J I." I ". . SA J.:Jtc..', ','}..Hi.. ,",. "'~V~~..(i. . 'O"'-l~.~........... ,...",....~. .,. I;., ,',.r ~..,...nl b . ~ 1"'ld..jIJI"'I~ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSVLVANIA CIVIL ACTION - LAW NO. 95-6062 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY ROBERT C. RAMSEVr Plaintiff MARILVN S. RAMSEV, Defendant CERTIFICATE OF SERVICE I, Stephen G. Held, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the Motion to Make Rule Absolute dated December JC , 1995, upon the following, by First Class United States mail addressed as follows: Marilyn Ramsey 35 Teaberry Drive Carlisle, PA 17013 Dawn S. sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Date:.11{~1 '\ f Austin F. Grogan, Esquire 24 North 32nd Street camp Hill, PA 17011 S~~d7 ~d: ~re .. ""."' IN' "' "./:.:' .; . ~\.; a r .& t p: B ~ ~ i ~~ !B ~~ ~= ~~-~-:-. "I" ;_I~~_" . III ,''<"t ..~ .1 . " . . ".., 'I.~='..:. ..... ,',' I.,..;:.,.. !f:;~ :~'IUi~ ,:'1. 41.;\ f.." ~)-' "'IS,%J; . . It.. : :tll.f.'.' , .' -~. . ~ " -" ,--....-,,-;. . .--," . . : ..~: ~':: ,.,.";.,,,,<" '-. Cl'\ ".-- il; .;::' f:.: .-~. .. :-..:' l:; 1.1) ; '. I'J.. . ~~:{i .... ri;r . L.. 9. [:i'l' - , , 2, , :~j : iu. I t.. 1'- 1.'1 ...1 (~J , I.) ROBERT C. RAMSEY, plaintiff V. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARILYN S. RAMSEY, Defendant PROTECTION FROM ARUSE NO. 95-6062 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of November, 1995, the court held a hearing on cross petitions filed by both parties alleging abuse. After hearing the testimony of both the husband and wife and also of Maribeth, 1 make the following findings on the issue of abuse: 1. I find that Marilyn S. Ramsey has abused her husband, Robert C. Ramsey, during the year 1995. 2. I find that Robert C. Ramsey has abused his wife, Harilyn s. Ramsey, during the year 1995. 3. I also find that Marilyn S. Ramsey has abused her daughter, Maribeth Ramsey, during the year 1995. 4. The Court directs that neither party shall abuse or threaten to abuse or harass the other party for a period of one year from this date. 5. There is a custody proceeding pending. Pending further determinations on permanent custody, 1 a\.ard temporary custody of Maribeth Ramsey to her father, Robert C. Ramsey. I award temp"rary custody of catherine 11. Ramsey and Matthew P. Ramsey to their mother, Marilyn S. Ramsey. If the parties are not able to agree on partial ROBERT C. IWISEY, I IN TilE COURT OF <:XX>lMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I vs. I NO. 95-6062 CIVIL TERM I MARILYN S. RAMSEY, I CIVIL ACTION - LAW Defendant I CUSTODY CIUlBR Of' <Dm' AND to/ this t, (r11 upon consideration of the sttached is ordered and directed as follows: day of j)L-u.,~ , 199", Custody Conciliation Summary Report,~ 1. The parties shall submit themselves and their minor Children to a custody evaluation to be performed by Arnold Shienvold, Phd. Cost of the evs1uation shall be shared equally by the parties. Upon the conclusion of the evaluation and in the event the parties are not at that time able to reach a permanent agreement on custody, either party may Petition the Court to have this case again scheduled with the Custody Conciliator for a Conference. 2. Pending further Order of this Court or agreement of the parties, the Father shall have primary physical custody of Maribeth Ramsey (age 17) and the Mother shall have primary physical custody of Matthew (age 14) and Catherine Ramsey (age 8). The parties shall have shared legs 1 custody. 3. The Father shall have partial physical custody of Matthew and Catherine Ramsey on alternating weekends from Thursday after school until the following Monday morning. During weeks following weekends in which the Mother had custody of Matthew and Catherine, the Father shall have partial custody of the Children on Tuesday evening after school until 8130 p.m. During weeks following weekends in which the Father had custody of Matthew and Catherine, the Father shall have physical custody of the Children on Thursday evening after school until B: 30 p.m. 'I'his alternating weekday evening custody schedul~ shall begin on December 5, 1995. The Father's alternating weekend custody schedule shall begin on December 7, 1995. The Father shall have physical custody of the Children over the Christmas holiday in 1995 from December 21 after school until December 24 at 12100 noon and from December 25 at 12:00 noon until December 26 at 12:00 noon. 4. The Mother shall have partial physical custody of Maribeth Ramsey (age 17) as mutually agreed by the parties. 5. This Order is entered pursuant to an agreement of the parties at a vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 95-6062 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY ROBERT C. RAMSEY, Plaintiff MARILYN S. RAMSEY, Defendant PETITION TO WITHDRAW APPEARANCE The Petition of stephen G. Held, Esq., respectfully represents: 1. That on october 25, 1995, defendant and petitioner entered into a fee agreement in which petitioner was retained to represent defendant in a protection from abuse matter. Attached as Exhibit "11" is a copy of the fee agreement. 2. That on october 31, 1995, petitioner filed an answer and counterclaim alleging, inter alia, abuse of defendant by plaintiff. 3. On or about November 2, 1995, and November 3/ 1995, petitioner represented defendant in an evidentiary hearing on this protection from abuse matter. 4. After that hearing, petitioner informed defendant that, in order for him to continue the case, the substantial bill for services outstanding from this hearing and another retainer, would have to be paid by November 15, 1995. 5. As of this date, these terms have not been met. 6. lIddi tionally, defendant has refused on numerous occasions to take the advice offered by petitioner. 7. Petitioner and defendant have failed to reach an agreement on future representation. B. Based upon information and belief, it is averred that defendant has attempted to obtain successive counsel in order to represent her in the custody action and may have at this time secured successive counsel. 9. Petitioner wishes to terminate his professional obligation to represent defendant in light of the failure to negotiate a successive agreement for representation. 10. Petitioner herein wishes to be resolved of his responsibility as counsel of record. WHEREFORE, petitioner herein respectfully requests the Court to allow his withdrawal as counsel without further proceeding in this matter, and in the alternative to set a date and time with the RUle Returnable from the defendant herein as to why the requeet of the petitioner herein should not be granted. Respectfully Submitted: DISSINGER & DISSINGER :itt6 -Ji tkk 9 Steph n G., Held, Esq. Supreme Court 10/72663 28 North 32nd street Camp Hill, PA 17011 (717)975-2840 Di~~ingtr &: Dissinger lRttorntps lRt law MARY A. ETTER DilliNGER WILLIAM CHUTER DilliNGER ITEPUEN GEOROE UUD october 25, 1995 C.mp HIM OUlu: Ie N. Thlrty.S.cond &I,..t C.mp UIII, hnn.ylv.nl. nOI1 71707&.'840 rAil 717 076.3124 M.,y.vtll.Olflc.: 400 South 61.1' flold MI,y,vill.. f'1tnn'ylll.nl. 17053 717 867.3474 rAil 717 017-2311 File 95-567 Ms. Marilyn Ramsey 35 Teaberry Drive Carlisle, PA 17013 Dear Ms. Ram~ey: You have asked our firm to represent you in a protection from abuse action. This letter sets forth the agreement concerning our representation of you and shall be effective upon receipt of the retainer fee. We cannot undertake to do any work on your case until we receive the enclosed agreement signed by you and the retainer in the amount of $750.00. The retainer is a minimum fee and is not refundable. In the event that your protection from abuse action is not completed within the limits of this retainer fee, we will apply the retainer fee to the work performed and bill you subsequently on an hourly basis. Due to the nature of this matter and the impossibility of determining what course the matter may take, we are unable to establish a flat fee for our professional services. Therefore, it is necessary to I'epresent you on an hourJy rate basis. our billings are based on the present hourly rates set forth in the attached fee schedule. Our hourly rates are adjusted every January and whon the hourly rates are adjusted you will be notified. A Our statements are generally premised upon the amount of professional time expended by the attorneys and staff in our office for such services as conferences, telephone conferences, research, court appearances, travel and other miscellaneous legal services. In addition, other considerations may e~ter into the setting of a fee, such as: the novelty and difficulty of the issues involved; the result achieved; the amount in dispute; the necessity of a specialized skill requisite to perform the legal service properly; the likelihood that the acceptance of a particular employment will preclude other employment by the attorney; time limitations imposed by the client or by the circumstances; the nature and length of the professional relationship with the client; the area of law involved; and the interruption of other work in progress. It is impossible to determine in advance the amount of time that will be needed to complete your case. We will keep you fully informed of conferences, telephone calls, drafting of documents, research, court time and necessary travel time. Costs are our out-Of-pocket expenses, such as filing fees, process server fees, transcripts, photocopies, long distance phone calls, travel mileaga, investigators, appraisers and accountants. Costs will also be itemized and billed on a periodic basis. We will bill you monthly for legal services and costs and expect payment within thirty (3D) days of the date of the bill. We reserve the right to terminate our attorney-client relationship for non-payment of fees or costs. We expect you to keep current with our billings. If your retainer has been exhausted and there is still considerable work to be done on your case, you may be asked to replenish your retainer and costs before our legal work continues. We will keep you informed as to the progress of your case. We will send you copies of all papers coming in and going out of our offices, including correspondence, pleadings and other documents. If we are unavai lilhle when you telephone, your call will be returned with reasonable promptness. 'I~ere will be times when we will be in Court or at meetings or in conference, which will preclude us from returning your call as quickly as you might like, but we shall do our best to return your telephone calls as we can. lit such times, please feel confident to talk with our secretaries. If you are passing on information, they can deliver it to us without the necessity of your waiting to have us return the call. If you have a question that requires an answer from us, it is far easier for them to obtain the background from you, bring the matter to our attention when we are free, and then have a response for you. If it is necessary for you to speak with us directly, we will attempt to leturn your call as soon as possible. Every effort will be made to expedite your case promptly and efficiently according to the highest legal and ethical standards. Please acknowledge receipt of the enclosed agreement and your acceptance of its terms by signing the enclosed copy and returning it to us so that we will have a mutual memorandum of our understanding. The other copy we have enclosed is for you to keep for your records. We suggest that you keep your copy of the engagement letter in the folder we have provided to you, along with any future correspondence from this office. In addition, if you ever have questions or comments for me in the future, you can write them down on a piece of paper and sl ip that into tile folder for reference the next time you correspond with or call our office. Respectfully, DISSINGER & DISSINGER SGlllclb lIccepted I/YP this ""..::J' day of G. Held , 1995. .,"", ,I il I ROBERT C. RAMSEY, i plaintiff I I I I AND NOW, comes II II attorneys, Dissinger \: d 11 " \\ " II Ii 'I i I I I Ii , " Ii il i ii 'I I, I! I' I vs. IN THE COURT OF COMMON PLElIS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 95-6062 CIVIL TERM PROTECTION FROM ABUSE AND cUSTODY MARILYN S. RAMSEY, Defendant ANSWER TO PLAINTIFF/S PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT. 23 Pa. c.S.A. section 6101 et Bea. the Defendant, Marilyn S. & Dissinger, and answers as Ramsey, by her follows: 1. Admitted. 2. No response required. 3. Admitted. 4. Admitted. l i " li 5. The statements of paragraph 5 are conolusions of law to which no response is required. To the extent that it is doomod factual in nature, it is hereby specifically donied thnt tho Defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury or physicnl1Y nbused tho plaintiff and his children. a. Denied as stated. shoved and pushed Maribeth Ramsey Defendant used obscene language. did spit in the minor's face, but minor. It is denied that Defendant to the ground. It is denied It is admitted that Defendant it was after provocation by the b. Denied as stated. It is admitted that on October 15, 1995, Defendant poured water on minor, Maribeth Ramsey. It is denied that said water can be characterized as II ice water. II It is denied that Defendant used obscene language. It is denied that Defendant threw golf shoes at Plaintiff. To further clarify, it was Plaintiff who threw the golf shoes at the Defendant. It is admitted that Defendant clipped off roses in Plaintiff/s flower garden. It is denied that Defendant's actions placed the Plaintiff in imminent abuse and it is denied that such actions could be construed as carried out in a "threatening manner." It is denied that the Defendant hit Plaintiff in the right eye. It is denied as stated that Defendant punched and kicked at Plaintiff / s groin. To further clarify, Defendant punched and kicked at Plaintiff's groin in an attempt to free herself from Plaintiff's attack, in which he was grabbing her by the hair and holding her head on the ground. It is denied that Defendant cut off a piece of Plaintiff's hair with a pair of scissors. It is denied that Defendant dragged Plaintiff around the living room by his hair. It is denied that Defendant picked the lock of the bedroom door and continued to hit and kick Plaintiff. It is denied that Defendant broke the door from the hinges and out of the frame. To further clarify, the door was already off its hinges because Plaintiff had in the past hit Defendant's head against the door, putting a hole in the door. Plaintiff broke the hinges himself when he propped up the door. In addition, the door already had been damaged in the past when Plaintiff had hit Defendant's head against the door. It is denied that Defendant began hitting Plaintiff with the door as he lay on the bed. c. lIdmitted in part and denied on September 9, 1995, the police in part. It is were called to the admitted that parties' residence. It is denied that Defendant had been hitting Plaintiff. On the contrary, it was Plaintiff who was hitting Defendant. It is admitted that the Defendant hit the minor child, Matthew Ramsey, in the mouth. However, it is denied that such a hit caused the minor's mouth to bleed. To further clarify, Defendant slapped Matthew Ramsey/s face after he had been back- talking Defendant and it was a light slap in an effort to discipline. It is admitted that Plaintiff attempted to record statements by the Defendant against her consent. It is denied that statements of the Defendant could be characterized as "rantings." It is admitted that Defendant attempted to gain the recorder. It is admitted that Plaintiff put the recorder in his jeans and it is admitted that the Defendant cut open his jeans in an attempt to obtain the recorder. To further clarify, Plaintiff had put the recorder down his pants after taping Defendant without her consent. Then Defendant stated to plaintiff that she wanted the recorder and that she would cut his pants to get it. He then said, "Go ahead" and stood in front of Defendant, whereupon Defendant did cut open his jeans. d. Denied. It is denied that on February 17, 1995, Defendant abused the minor chi ld, Maribeth Ramsey, and it is denied that Defendant punched Maribeth Ramsey in the face. e. lIdmitted in part and denied in part. It is admitted upon information that on January 16, 1995, the police were called to the parties' residence. It is denied that Defendant again struck the minor, Maribeth Ramsey. To further clarify, on that date Dofendant was handl ing a bookbag which belonged to the minor, Maribeth Ramsey, in an attempt to clean some spillage contained within the bag. Maribeth Ramsey grabbed the bag and started to run with Defendant's fingers caught in the bag. Defendallt freed herself with an upward jerk, causing her wrist to hit Maribeth's jaw. In turn, Plaintiff then hit Defendant, causing bruising on various parts of Defendant/s body. After Plaintiff took Maribeth Ramsey to the hospital for an examination of her jaw, of which no damage was found, Defendant called the police herself. She had to lift her shirt to reveal i her injuriee to the responding officers and Detective Johnson stated that if Mr. Rameey returned while he was there, Mr. Ramsey would be arrested. Charges were pressed against both Defendant and Plaintiff, although the charges against Mr. Ramsey were subsequently dropped by Defendant. 6. Denied as stated. It is admitted that on October 16, 1995, Plaintiff and Maribeth Ramsey left the residence at 35 Teaberry Drive, Carlisle, Middlesex Township, Cumberland County, Pennsylvania. It is denied that such actions were to avoid further abuse. 7. The allegations of Paragraph 7 are a conclusion of law to which no response is required. To the extent it may be deemed factual, it is hereby denied that Plaintiff and his children will be in immediate and present danger from abuse from Defendant. It is further denied that Plaintiff and his children are in need of protec~ion from such abuse. B. The allegations of Paragraph B are a conclusion of law to which no response is required. To the extent it may be deemed factual, Defendant is without knowledge as to the desiree of Plaintiff. 9. The allegations of Paragraph 9 are a conclusion of law to which no response is required. To the extent it may be deemed factual, it is denied that Defendant has used or threatened to use any weapons, and it is further denied that Defendant ever abused Plaintiff. B. TEMPORARY CUSTODY 10. Admitted. 11. Admitted. 12. The allegations of paragraph 12 are a conclusion of law to which no response is required. To the extent it may be deemed I factual, Defendant is without knowledge as to the knowledge of Ii plaintiff regarding custody proceedings. 13. The allegations of Paragraph 13 are a conclusion of law to which no response is required. To the extent it may be deemed factual, Defendant is without knowledge as to the knowledge of Plaintiff regarding any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The allegations of Paragraph 14 are a conclusion of law to which no responsive pleading is required. To the extent it may be deemed factual, it specificallY denied that the best interests and permanent welfare of the children will only be met if custody is temporarilY granted to the Plaintiff. a. It is denied that Plaintiff is a fit parent who can best take care of his children. b. It is denied that the Defendant has shown any abuse. c. It is denied that the Defendant is an unfit parent. c. EXCLUSIVE POSSESSION 15. Admitted. 16. Plaintiff is denied Denied as stated. It is admitted upon information that owns no other property within this state. However/ it that plaintiff has no place to stay. 4. On various dates, Plaintiff/counter-defendant has participated in inappropriate behaviors such as throwing things, slamming doors, and even breaking a hole in the master bedroom door. one of the items which was thrown was the sewing machine belonging to Defendant/counter-plaintiff, which was dropped on the floor and broken. 5. On one date, Plaintiff/counter-defendant verbally harassed Defendant/counter-plaintiff and he recorded her with a video camera as part of the ongoing verbal harassment. 6. On numerous occasions, Plaintiff/counter-defendant has been observed by the minor children of the parties while using profane language towards and hitting and pushing Defendant/counter-plaintiff. 7. On March 4, 1995, Plaintiff/counter-defendant and Defendant/counter-plaintiff were arguing in their bedroom. Mr. Ramsey was sitting on the bed and Ms. Ramsey reached across him to get a pair of glasses. Plaintiff/counter-defendant jumped up and immediately strur.k Defendant/counter-plaintiff in the right eye, reSUlting in a bruised, black eye. B. On August 27, 1995, Defendant/counter-plaintiff was in the kitchen and Plaintiff/counter-defendant entered the kitchen. For reasons unknown to Defendant/counter-plaintiff, Mr. Ramsey was very angry. Ms. Ramsey had a fork in her hand at the time and Mr. Ramsey asked her loudly, "What are you going to do, stab me with that fork?" He then picked up the Defendant/counter-plaintiff and threw her against the refrigerator, causing her to land on the floor on her left knee. Ms. Ramsey's knee, left thigh, and the left side of her chin sustained bruises and she was forced to seek aid at the carlisle Domestic Violence Shelter. said injuries were observed at that time by Or. Heidi L. Joos, MD., Jessica Hart, MA, and a woman named Lois at the Shelter. 9. In the evening of August 31, 1995, Defendant/counter- plaintiff and Plaintiff/counter-defendant had an argument. Mr. Ramsey puehed Ms. Ramsey, causing her to fall backward into her chair and her arm scraped the corner of the wall. This resulted in a scrape and a lump on Defendant/counter-plaintiff's arm. Plaintiff/counter-defendant then twisted Ms. Ramsey/s right forearm and pulled her down until she was on her knees. This altercation was observed by the minor child, Maribeth Ramsey, who asked her father to stop. These injuries were observed by Dr. Heidi L. Joos, MD. and Jessica Hart, MA. 10. On October 27, 1995, Plaintiff/counter-defendant came to the marital residence with the intent of taking the minor child, Catherine Ramsey, by force, after he had filed his Petition for Protection from Abuse from Defendant/counter-plaintiff. He physically assaulted Ms. Ramsey at this time and the police were called to the scene. Mr. Ramsey also put her in fear of imminent bodily injury. WHEREfORE, the Defendant/counter-plaintiff requests that this Honorable Court enter a Protection From lIbuse Order: A. Excluding Plaintiff/counter-defendant from the marital residence at 35 Teaberry Drive, CarliSle, Cumberland County, Pennsylvania and from any other residence Defendant/counter- plaintiff might choose to establish; B. Directing Plaintiff/counter-defendant to cease and desist attempts to contact or visit Defendant/counter-plaintiff by telephone or otherwise, to refrain from being in the physical presence of Defendant/counter-plaintiff pending final hearing and then for a period o( time not to exceed one year; C. Directing Plaintiff/counter-defendant to threatening, harassing or verbally cease and abusing desist , ,. VERIFICATION ,j I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to i unsworn falsification to authoritiee. <}j, ({~ amsey / D fen_aC) iI I I :1 d , il I I ROBERT C. RAMSEY, Ii Plaintiff IN TIlE COURT OF COMMON PLEAS VB. 'I' MARILYN S. RAMSEY, Defendant I ! OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 95-6062 CIVIL TERM PROTECTION FROM lIBUSE AND CUSTODY CERTIFICATE OF SERVICE I, stephen G. Held, Esquire, hereby certify that on the date Bet forth below I served a true and correct copy of the foregoing document upon the attorney for the Plaintiff, by hand delivery to the address as follows: lIustin F. Grogan, Esquire 24 North 32nd street Camp Hill, PlI 17011 Datel~ -~j , J, Stephe G. Held, f~tQ Esquire iR >- it: .., >- q:;: l4 i!;; Itl " C) ~\.. ,..:.,~ It:!' J-, ':J'o n~'~~ (l1t:::..:~ ....... lil~"JVI (~ ::,J~~"" .....~ Ut ~ ,~:t! :s& ~ ~ .I ~ ~ i II !!! - II !I I !~ i . ~!III ~ l!l l~ hi . III! . 1Il ildi 0 I I in ~~ ~i c ~~ . . . , ROBERT c. RAMSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIlI CIVIL lICTION - LlIW NO. 95-6062 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY vs. MARILYN s. RAMSEY, Defendant ANSWER TO PLAINTIFF'S PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT. 23 Pa. c.S.A. section 6101 et sea. AND NOW, comes the Defendant, Mari lyn S. Ramsey, by her attorneys, Dissinger & Dissinger, and answers as follows: 1. lIdmi tted. 2. No response required. J. lIdmitted. 4. Admitted. 5. The statements of Paragraph 5 are conolusions of law to which no response is required. To the extent that it is deemed factual in nature, it is hereby specifically denied that the Defendant has attempted to cause and has intentiona 11)', knowingly, or reckleBsly caused bodily injury or physically abused the plaintiff and his children. a. Denied Ole atated. It is denied that Defendant to the ground. It is denied It is admitted that Defendant it was after provocation by the ehovod and pushed Mnrlbeth Homeey Defendant used obscene language. did Bpit in the minor'B face, but minor. b. Denied as stated. It is admitted that on October 15, 1995, Defendant poured wilte," on minor, Mar-ibeth Ramsey. It is denied that said water can be charilcterized as "ice water." It is denied that Defendant used obscene language. It is denied that Defendant threw golf shoes at Plaintiff. To further clarifY, it was Plaintiff who threw the golf shoes at the Defendant. It is admitted that Defendant clipped ofl 1-013<''' in Plaintiff's flower garden. It is denied th,~t Defendant's actions placed the Plaintiff in imminent abuse i1nd it is doniml that such actions could be construed as carried out in a "threatening manner." It is denied that the Defendant hit Plaintiff in the right eye. It is denied as stated that Defendant punched and kicked at Plaintiff's groin. '1'0 further clarify, Defendant punched and kicked at Plaintiff's groin in an attempt to free herself from Plaintiff's attack, in which he was grabbing her by the hair and holding her head on the ground. It is denied that Defendant cut off a piece of Plaintili's hair with a pair 01 sciusors. It is denied that Defendant dragged Plaintiff around the living room by his hair. It is denied that Defendant picked the lock of the bedroom door and continued to hit and kick Plaintiff. It is denied thilt Def endant broke the door 1 rom tho hinges and out of the frame. '1'0 fUI"tller clarifY, the dool" W;\B already oft its hinges becmlBe Plaintiff had In the pilnt hit Defendant's head against the door, puttin'J a hole In the door. Plaintiff broke the hinges himself when he propped up the door. In addition, the door already had been damaged in the past when Plaintiff had hit Defendant's head against the dool". It is denied that Uefendant began hittin<j Plaintill with the door aB he l,~y on the bed. c. Admitted In part and denied In IJolrt. It is ,~dmitted thilt on fieptember 'J, I'J'J!J, the pol ice were called to the parties' residence. It is denied that Defendant had been hitting Plaintiff. On the contrary, it was Plaintiff who was hitting Defendant. It is admitted that the Defendant hit the minor child, Matthew RamseY, in the mouth. However, it is denied that such a hit caused the minor's mouth to bleed. 1'0 further clarify, Defendant slapped Mntthew Ramsey's face after he had been back- talking Defendant and it was a light slap in an effort to discipline. It is admitted that Plaintiff attempted to record statements by the Defendant against her consent. It is denied that statements of the Defendant could be characterized as "rantings." It is admitted that Defendant attempted to gain the recorder. It is admitted that Plaintiff put the recorder in his jeans and it is admitted thnt the Defendant cut open his jeans in an attempt to obtain the recorder. To further clarify, Plaintiff had put the recorder down his pants after taping Defendant without her consent. Then Defendant stated to plaintiff that she wanted the recorder and that she would cut his pants to get it. He then said, "Go ahead" and stood in front of Defendant, whereupon Defendant did cut open his jeans. d. Denied. It is denied that on February 17, 1995, Defendant abused the minor child, Maribeth Hamsey, and it is denied that Defendant punched Maribeth Ramsey in the face. e. Admitted in part and denied in part. It is admitted upon information that on January 16, 1995, the police were called to the parties' residence. It is denied that Defendant again struck the minor, Maribeth Ramsey. To further clarify, on that date Defendant was handling a bookbag which belonged to the minor, Maribeth Ramsey, in an attempt to clean some spillage contained within the bag. Maribeth Ramsey grabbed the bag and started to run with Defendant's fingers caught in the bag. Defendant freed hel"Self with an upward jerk, causing her wrist to hit Maribeth's jaw. In turn, plaintiff then hit Defendant, causing bruising on various parts of Defendant's body. After Plaintiff took Mndbeth HamseY to the hospital for an examination 01 her jaw, 01 which no damage was found, Defendant called the police herself. She had to lift her shirt to reveal her injuries to the responding officers and Detective Johnson stated that if Mr. Ramsey returned while he was there, Mr. Ramsey would be arrested. Charges were pressed against both Defendant and Plaintiff, although tho charges against Mr. Ramsey were subsequently dropped by Defendant. 6. Denied 1995, Plaintiff Teaberry Drive, Pennsylvania. further abuse. as stated. It is admitted that on October 16, and Maribeth Ramsey left the residence at 35 Carlisle, Middlesex Township, Cumberland County, It is denied that such actions were to avoid 7. The allegations of Paragraph 7 are a conclusion of law to which no response is required. To the extent it may be deemed factual, it is hereby denied that Plaintiff and his children will be in immediate and present danger from abuse from Defendant. It is further denied that Plaintiff and his children are in need of protection from such abuse. B. The allegations of Paragraph B are a conclusion of law to which no response is required. To the extent it may be deemed factual, Defendant is without knowledge as to the desires of Plaintiff. 9. The allegations of Paragraph 9 are a conclusion of law to which no response is required. To the extent it may be deemed factual, it is denied that Defendant has used or threatened to use any weapons, and it is further denied that Defendant ever abused Plaintiff. B, TEMPORARY CUSTODY 10. Admitted. 11. Admitted. 12. The alleg~tions of paragraph 12 are a conclusion of law to which no response is required. To the extent it may be deemed factual, Defendant is without knowledge as to the knowledge of Plaintiff regarding custody proceedings. 13. The allegations of Paragraph 13 are a conclusion of law to which no response is required. To the extent it may be deemed factual, Defendant is without knowledge as to the knowledge of Plaintiff regarding any person not a party to this action who has physic~l custody of the children or claims to have custody or visitation rights with respect to the children. 14. The allegations of Paragraph 14 are a conclusion of law to which no responsive pleading is required. To the extent it may be deemed factual, it specifically denied that the best interests and permanent welfare of the children will only be met if custody is temporarily granted to the plaintiff. a. It is denied that plaintiff is a fit parent who can best take care of his children. b. It is denied th~t the Defendant has shown any abuse. c. It is denied that the Defendant is an unfit parent. c. EXCLUSIVE POSSESSION 15. Adm i tted . 16. Plaintiff is denied Denied as stated. It is admitted upon information that owns no other property within this state. Ilowever, it that Plaintiff has no place to stay. 4. On vadous datl.!s, Plaintif1/counter-defendant has participated in inappropriate behaviors such as throwing things, slamming doors, and even breaking a hole in the master bedroom door. One of the items which was thrown was the sewing machine belonging to Defendant/counter-plaintiff, Which was dropped on thl.! floor and broken. 5. On one date, Plaintiff/counter-defendant verbally harassed Defendant/counter-plaintiff and he recorded her with a video camera as part of the ongoing verbal harassment. 6. On numerous occasions, Plaintiff/counter-defendant has been observed by the minor children of the parties while using profane language towards and hitting and pushing Defendant/counter-plaintiff. 7. On March 4, 1995, Plaintiff/counter-defendant and Defendant/counter-plaintiff were arguing in their bedroom. Mr. Ramsey was sitting on the bed and Ms. Ramsey reached across him to get a pair of glasses. Plaintiff/counter-defendant jumped up and immediately struck Defendant/counter-plaintiff in the right eye, reSUlting in a bruised, black eye. B. On lIugust 27, 1995, Defendant/counter-plaintiff was in the kitchen and Plaintiff/counter-defendant entered the kitchen. For reasons unknown to Defendant/counter-plaintiff, Mr. Ramsey was very angry. Ms. Ramsey had a fork in her hand at the time and Mr. Ramsey asked her loudly, "What are you going to do, stab me with that fork?" lie then pickl.!d up till.! Defendant/counter-plaintiff and threw her against thl.! rl.!1rigerator, causing her to land on the floor on her ll.!ft knl.!e. Ms. Ramsl.!Y's knee, left thigh, and the left side of hl.!r chin sustained bruises and she was forced to seek aid at thl.! Carlisle Domestic Violl.!ncl.! Sheltl.!r. Said injuries were observed at that time by Dr. Ileidi L. Joos, MD., Jessica Hart, MA, and a woman naml.!d Lois at the Shelter. 9. In the evening of lIugust 31, 1995, lJofendant/counter- plaintiff and Plaintiff/counter-defendant had an argument. Mr. Ramsey pushed Ms. Ramsey, causing her to fall backward into her chair and her arm scraped the corner of the wall. This resulted in a scrape and a lump on Defendant/counter-plaintiff's arm. Plaintiff/counter-defendant then twisted Ms. Ramsey's right forearm and pulled her down until she was on her knees. This altercation was observed by the minor child, Maribeth Ramsey, who asked her father to stop. 'I~ese injuries were observed by Dr. Heidi L. Joos, MD. and Jessica Hart, MA. 10. On October 27,1995, Plaintiff/counter-defendant came to the marital residence with the intent of taking the minor child, Catherine Ramsey, by force, after he had filed his Petition for Protection from Abuse from Defendant/counter-plaintiff. He physically assaulted Ms. Ramsey at this time and the police were called to the scene. Mr. Ramsey also put her in fear of imminent bodily injury. WHEREFORE, the Defendant/counter-plaintiff requests that this Honorable Court enter a Protection From Abuse Order: 11. ExclUding Plaintiff/counter-defendant from the marital residence at 35 'I'eaberry Drive, Carlisle, cumberland County, Pennsylvania and from any other residence Defendant/counter- plaintiff might choose to establiSh, B. Directing Plaintiff/counter-defendant to cease and desist attempts to contact or visit Defendant/counter-plaintiff by telephone or otherwise, to refrain from being in the physical presenco of Defendant/counter-plaintiff pending final hearing and then for a period of time not to exceed one yea."; C. lJiI.octing Plaintiff/counter-defendant to ceaee and threatening, harassing or verbally abusing desist ('f' rk ROBERT C. RAMSEY, plaintiff IN 'I'IIE coUR'I' OF COMMON PLEAS vs. of CUMBERLAND COUNTY PENNSYINANIlI CIVIL lICTION - LAW NO. 95-6062 ClVIL TERM PROTECTION moM lIBUSE AND CUSTODY MARILYN B. RAMSEY, Defendent PRELIMINARY ORDER OF COURT AND NOW, this _ day of consideration of the within lInswer and counterclaim, ORDERED, lIDJUDGED, AND DECREED as followSI 1995, it is after hereby 1. plaintiff /counter-defendant is prel iminarily enjoined from appearing at, entering, or trespassing at wherever Defendant/counter-plaintiff may be temporarily residing, pending a final hearing. 2. Plaintiff/counter-defendant is preliminarilY enjoined from attempting to contact or visit with Defendant/counter- plaintiff by telephone or otherwise, and is restrained from being in the physical presence of Defendant/counter-plaintiff, pending a final hearing. J. Plaintiff/counter-defendant is preliminarilY enjoined from threatening or harassing Defendant/counter-plaintiff in any manner, including over the telephone, pending a final hearing. 4. 'rhe fiMl hearing is to be held on this petition, as follOWS I Datel November 2, 1995 place I courtroom No. Carlisle, PlI 17013. Time: 1130 p.m. 1, cumberland county courthouse, a. Deni<!d as stat<!d. It is denied that Defendant to th<! ground. It is denied It is admitted that Defendant it was after provocation by the shoved and pushed Maribeth Ramsey Defendant used obsc<!ne language. did spit in the minor's face, but minor. b. D<!nied as stated. It is admitted that on October 15, 1995, Defendant poured water on minor, Maribeth Ramsey. It is denied that said water can be characterized as "ice water." It is denied that Defendant used obscene language. It is denied that Defendant threw golf shoes at Plaintiff. To further clarify, it was Plaintiff who threw the golf shoes at the Defendant. It is admitted that Def<!ndant clipp<!d off ros<!s in Plaintiff's flower garden. It is denied that De[<!ndant's actions placed the Plaintiff in imminent abus<! and it is denied that such actions could be construed as carried out in a "threatening manner." It is denied that the Defendant hit Plaintiff in the right eye. It is denied as stated that Defendant punched and kicked at Plaintiff's groin. To further clarify, Def<!ndant punched and kicked at Plaintiff's groin in an attempt to free herself from Plaintiff's attack, in which he was grabbing her by tho hair and holding her head on the ground. It is deni<!d that Defendant cut off a piece of Plaintiff's hair with a pair of scissors. It is denied that Def<!ndant dragged Plaintiff around th<! living room by his hair. It is denied that D<!fendant picked the lock of the bedroom door and continu<!d to hit and kick Plaintiff. It is denied that lJ<!f<!ndant bl"ok<! tlj(! doO!" from tlw hing<!s and out of tll<! fram<!. To fUI"th<!l" clarify, the door was already off its hinges b<!caus<! Plaintifl had in the past hit Defendant's head against t1w dOOI", puttin<J ., hol<! in the dool". Plaintiff bl-oke the hinges hi mse If when he propp<!d up the door. In add i ti on, t1w d001- already had been damaged in the past when Plaintiff had hit Defendant's hend against the door. It is denied that Defendant began hittll1<j Plaint! (1 with tho doO!" 11S he Iny on the bed. c. Admitted In part and denied in part. It is ndmltted thnt on BeptombUl" 'I, I~JY!), the pollc" w"r" call"cl to the parties' residence. It is denied thot Defendant had been hitting Plaintiff. On the contrary, it was Plaintiff who was hitting Defendant. It is admitted that the Defendant hit the minor child, Matthew Ramsey, in the mouth. However, it is denied that such a hi t caused the mi nor's mouth to bleed. 'I'o further clar i fy, Defendant slapped Matthew Homsey's face after he had been back- talking Dcfendant and it was a I ight slap in an effort to discipline. It is admitted that Plaintiff attempted to record statements by the Defendant against her consent. It is denied that statements of the Defendant could be characterized as "rantings." It is admitted that Defendant attempted to gain the recorder. It is admitted that Plaintiff put the recorder in his jeans and It is admitted that the Defendant cut open his jeans in an attempt to obtain the recorder. To further clarify, Plaintiff had put the recorder down his pants after taping Defendant without her consent. Then Defendant stated to Plaintiff that she wanted the recorder and that she would cut his pants to get it. He then said, "Go ahead" and stood in front of Defendant, whereupon Defendant did cut open his jeans. d. Denied. It is dcnied that on February 17, 1995, Defendant abused the minor child, Maribeth Hamsey, and it is denied that Deiendant punched Maribeth Ramsey in the face. e. lIdmltted in part and denied in part. It is admitted upon information thilt on January 10, 1995, the police were called to the parties' residence. It is denied that Defendant aga in strud: the mi 1101-, Milrl beth Hilmsey. To further clarify, on that dilte lJef"ndant WiW hilnclJ I ng il bookbag which belonged to the minor, Maribeth Ililmney, in iln attempt to cleiln some spillage contained within till' bag. Maribeth Hamsey g,-abbed the bag and start"d to run with lJefendant'n fingers caught in the bag. Defendant freed hel-nelf with iln upwilnl jerk, cilusing her wrist to hit Madbelh's jaw. In tunl, plaintiff then hit Defendant, causing bruising on various parts of Uefendant's body. After plaintiff took ~ladboth Ilanuwy to the hospitill fOI- an examination of )wr jaw, of which no damage was found, Defendant ca lIed the pol ice herself. she had to I ift her shirt to reveal her injuries to the responding officers and Detective Johnson stated that if Mr. Ramsey returned while he was there, Mr. Ramsey would be arrested. Charges were pressed against both Defendant and Plaintiff, although the charges against Mr. Ramsey were subsequently dropped by Defendant. 6. Denied as stated. It is admitted that on October 16, 1995, Plaintiff and Maribeth Ramsey left the residence at 35 Teaberry Drive, carlisle, Middlesex Township, Cumberland County, Pennsylvania. It is denied that such actions were to avoid further abuse. 7. The allegations of Paragraph 7 are a conclusion of law to which no response is required. To the extent it may be deemed factual, it is hereby denied that Plaintiff and his children will be in immediate and present danger from abuse from Defendant. It is further denied that Plaintiff and his children are in need of protection from such abuse. B. The allegations of Paragraph B are a conclusion of law to which no responEe is required. To the extent it may be deemed factual, Defendant is without knowledge as to the desires of Plaintiff. 9. The allegations of Paragraph 9 are a conclusion of law to which no response is required. To the extent it may be deemed factual, it iE denied that Defendant has used or threatened to use any weapons, and it is further denied that Defendant ever abused Plaintiff. Di_~~nnRY CUSTODY 10. lIdmitted. 4. On various dates, Plaintifl/counter-detendant has participated in inappropriate behaviors such as throwing things, slamming doors, and even breaking a hole in the master bedroom door. One of the items which was thrown was the sewing machine belonging to Defendant/counter-plaintiff, which was dropped on the floor and broken. 5. on one date, Plaintiff/counter-defendant verbally harassed Defendant/counter-plaintiff and he recorded her with a video camera as part of the ongoing verbal harassment. 6. on numerous occasions, Plaintiff/counter-defendant has been observed by tho minor children of the parties while using profane language towards and hitting and pushing Defendant/counter-plaintiff. 7. On March 4, 1995, Plaintiff/counter-defendant and Defendant/counter-plaintiff were arguing in their bedroom. Mr. Ramsey .Ias sitting on the bed and Ms. Ramsey reached across him to get a pair of glasses. Plaintiff/counter-defendant jumped up and immediately struck Defendant/counter-plaintiff in the right eye, reSUlting in a bruised, black eye. B. On August 27, 1995, Defendant/counter-plaintiff was in the kitchen and Plaintiff/counter-defendant entered the kitchen. For reasons unknown to Defendant/counter-pln i ntiff, Mr. Ramsey was very angry. Ms. Hamsey had a fork in her hand at the time and Mr. Ramsey asked her loudly, "What are you going to do, stab me with that fork?" He then picked up the Def(!lldant/counter-plaintiff and threw her aga i nst tho I'of ri qerator, caus ing her to land on the floor on her loft kneo. Ms. Homsey's knee, left thigh, and the left side of her chin sustained bruises and she was forced to seek aid at the carlisle Domestic Violence shelter. Said injuries were observed at that time by Dr. Heidi L. Joos, MD., Jessica Hart, MlI, and a woman nilmod Lois nt the sholto,'. 9. In the evening of lIugust 31, 1995, Defendant/counter- plaintiff and Plaintiff/counter-defendant had an argument. Mr. Ramsey pushed Ms. Ramsey, causing her to fall backward into her chair and her arm scraped the corner of the wall. 'I'his resulted in a scrape and a lump on Defendant/counter-plaintiff's arm. Plaintiff/counter-defendant then twisted Ms. Ramsey's right forearm and pulled her down until she was on her knees. This altercation was obsel'ved by the minor child, Maribeth Ramsey, who asked her father to stop. These injuries were observed by Dr. Heidi L. Joos, MD. and Jessica Hart, MA. 10. On October 27, 1995, Plaintiff/counter-defendant came to the marital residence with the int~nt of taking the minor child, catherine Ramsey, by force, after he had filed his Petition for protection from lIbuse from Defendant/counter-plaintiff. He physically assaulted Ms. Ramsey at this time and the police were called to the scene. Mr. Ramsey also put her in fear of imminent bodily injury. WHEREFORE, the Defendant/counter-plaintiff requests that this Honorable Court enter a Protection From lIbuse Order: 11. Excluding Plaintiff/counter-defendant from the marital residence at 35 'I'eaberry Drive, carlisi", cumberland county, Pennsylvania and from any other residence Defendant/counter- plaintiff might choose to establish; B. Directing Plaintiff/counter-defendant to cease and desist attempts to contact or visit Defendnnt/counter-plaintiff by telephone or otherwise, to refl-nin from being in the physical presence of Defendant/counter-plaintiff pending final hearing and then for a period of time not to exceed one yenr; c. Directing Plaintiff/counter-defendant to cease and threatening, harassing or v"rbally abusing desist It ill denied lIlilt IJulundant. to t.he IJI-oun<!. It. III dunilld It ill ndmitted 1I1l1t: IJnfelulnnt it wns af tl!r provocati on by the n. Uenied nu lIt.llted. uhoved nnd pushed Mnribllth Hamuey Defendant used obscenll InnyunYl!. did apit in the minor's fnce, but minor. b. Uenilld nu statl!d. It is admittl!d thnt on octobl!r 15, 1995, Defendant poured wnt",' on minor, Madbeth Hnmsoy. It is denied thnt naid water con be characterizl!d an "ice wnter." It is denied that Uefendant used obscl!'w lan<juage. It is dl!nied that Defendant thrl!w golf shoes at rlaintiff. To further clarifY, it was Plaintiff who thl'ew the golf ShOllS at till! Defendant. It is admitted that. lJefl!ndant. dipped 01 t 1-06"" in Plaintiff'n flower garden. It is dl!nied that Delend'll1t's actions placed the Plaintiff in imminent abuse and it. i6 denied that such actions could be construed as carried out in a "threatening manner." It is denied that the Uefendant hit Plaintiff in the right eye. It is denied as stated that Defendant punched and kicked at Plaintiff's groin. To fUI-tlwl" dadfy, Defl!ndant punchl!d and kicked at Plaintiff's groin in an attempt to frl!e herself from Plaintiff's attack, in which he wan gl"abbing her by the hail" and holding her head on the gl-ound. It is den i ell that Defendant cut off a piece of Plaintiff's hair with a pair of scissors. It is denied that Uefl!ndant dragged Plaintiff around the living room by his hair. It is denied that Defendant picked the lock of the bedroom door and continued to hit and ~:ick Plaintiff. It is denied that Defendant broke the door from the hinges and out of the frame. '1'0 furt.her- clarify, t.he dool- wan all"eady off its hinges becnuse Plaintif f had in tho past. hit Uefendant's head against the dOOI-, pUt.tinlJ a hol" in the dool". Plaintiff broke the hinges hi lOse I f when he IJl'Oppl!d up t.he door. I n add i t I on, the doot" already had bel!n damaged in till! past when plaintiff had hit Defendant's head ayalnnt thl! dool". It is denied that Defendant began hittintl Plaintifl with till! dool- all he lay on tlw bed. c. lIdmitted in part and denied on I;ept.l!mlll"- 9, I'J'J~. the polic" I t is in part. admitt.ed lIliIt were called to the pill,ties' residence. It in deniml thnt Dolellllant hold been hitting Plaintiff. on the contrary, it wnD plnintifl who WnD hitting Defendant. It is admitted that the Defendnnt hit the minor child, Matthew Ramsey, in the mouth. However, it is denied that ouch n hit caused the minor's mouth to bleed. '1'0 fUt-ther c!nrify, Defendant slapped Matthew ~nmsey's fnce nfter he had been bnck- talking Defendnnt nnd it was a light slap in an effort to discipline. It is ndmitted thnt Plaintiff nttempted to record statements by the Defendant ngai nst her consent. It is denied that statements of the Defendant could be characterized as "rantings." It is admitted that Defendant attempted to gain the recorder. It is admitted that Plaintiff put the recorder in his jeans and it is admitted that the Defendant cut open his jeans in an attempt to obtain the recorder. To further clarify, Plaintiff had put the recorder down his pants after taping Defendant without her consent. 'I~en Defendant stated to Plaintiff that she wanted the recorder and that she would cut hiD pants to get it. He then said, "Go ahead" and stood in front of Defendant, whereupon Defendant did cut open his jeans. d. Denied. Defendant abused the denied that Defendant It is denied that on minor child, Maribeth punched Maribeth ~amsey February 17, ~amsey, and in the face. 1995, it is e. Admitted in part and denied in part. It is admitted upon infOl'mation that on ,January 16, 1995, the police were called to the pat'tieG' n!sidence. It is denied that Defendant again strud: the minot', Maribeth Hamsey. '1'0 further clarify, on that date (Jpfen<lilnt WaS handling a bookbag which belonged to the minor, Madl",th ~am[ley, in an nttempt to clean some spill age cant a i Iled wi th I n the bag. Milriheth Hamsey grabbed the bag and Gtarte<l to 1'11/1 with (Jefendant's fin<jers caught in the bag. Defendant In>l'<I lH'nwlf with an upwnnl jet'k, cilusing her wrist to hit Marilmth'n jaw. In turn, plaintil'f then hit Defendant, causing bruising on various parts of Dofendant's body. lifter Plaint! fl took Maribl,th Hamsey to t1H' hospital for an examination of her jaw, of which no dal1\iltje WilS found, Defendant called the police herself. She had to lift her shirt to l"evenl her injuries to the responding officers and Detective Johnson stated thnt if Mr. Ramsey returned while he was there, Mr. Ramsey would be arrested. Charges were pressed against both Defendnnt and Pia inti f f, although the charges aga inst Mr. Ramsey were subsequently dropped ny Defendant. 6. Denied 1995, Plaintiff Teaberry Drive, Pennsylvania. further abuse. as stated. It is admitted that on October 16, and Maribeth Ramsey left the residence at 35 Carlisle, Middlesex Township, Cumberland county, It is denied that such actions were to avoid 7. The allegations of Paragraph 7 are a conclusion of law to which no response is required. To the extent it may be deemed factual, it is hereby denied that Plaintiff and his children will be in immediate and present danger from abuse from Defendant. It is further denied that Plaintiff and his children are in need of protection from such abuse. B. 'l'he a 11egat ions of Paragraph B are a conclusion of law to which no response is required. To the extent it may be deemed factual, Defendant is without knowledge as to the desires of Plaintiff. 9. 'I~e allegations of Paragraph 9 are n conclusion of law to which no response is required. To the extent it may be deemed factual, it is denied that Defendant has used or threatened to use any weapons, and it is further denied that Defendant ever abused Plaintiff. D. TEMPORARY CUSTODY 10. Admitted. 4. on various dates, Plaintiff/counter-defendant has participated in inappropriate behaviors such as throwing things, slamming doora, and even broaking a hole in the master bedroom door. Ono of the items which was thrown was the sewing machine belong ing to Dofendant /counter-plai nti ff, which was dropped on the floor and broken. 5. On one date, Plaintiff/counter-defendant verbally harassed Defendant/counter-plaintiff and he recorded her with a video camera as part of the ongoing verbal harassment. 6. On numerous occasions, Plaintiff/counter-defendant has been observed by the minor chi Idren of the parties while using profane language towards and hitting and pushing Defendant/counter-plaintiff. 7. On March 4, 1995, Plaintiff/counter-defendant and Defendant/counter-plaintiff were arguing in their bedroom. Mr. Ramsey was sitting on the bed and Ms. Ramsey reached across him to get a pair of glasses. plaintiff/counter-defendant jumped up and immediately struck Defendant/counter-plaintiff in the right eye, resulting in a bruised, black eye. 8. on August 27, 1995, Defendant/counter-plaintiff was in the kitchen and Plaintiff/counter-defendant entered the kitchen. For reasons unknown to Defendant/counter-pia intiff, Mr. Ramsey was very angry. Ms. Ramsey had a fork in her hand at the time and Mr. Ramsey asked her loudly, "What are you going to do, stab me with that fork?" III! then picked up the Defendant/counter-plaintiff and threw her against the refrigerator, causing her to land on the floor on her left knee. Ms. Hamsey's knee, left thigh, and the left side 01 her chin sustain",l bndses and she was forced to seek aid at the Carl isle Domestic Violence Shelter. Said injudes were observed at that time by Dr. lIeidi 1,. JOOB, MD., Jessica lIart, MlI, and a woman named Loin at the Bhelter. 9. In the evening of lIugust 31, 1995, Defendant/counter- plaintiff and Plaintiff/counter-defendant had an argument. Mr. Ramsey pushed Ms. Ramsey, causing her to fall backward into her chair and her arm scraped the corner of the wall. This resulted in a scrape and a lump on Defendant/counter-plaintiff's arm. Plaintiff/counter-defendant then twisted Ms. Ramsey's right forearm and pulled her down until she was on her knees. This altercation was observed by the minor child, Maribeth Ramsey, who asked her father to stop. These injuries were observed by Dr. Heidi L. Joos, MD. and Jessica Hart, MlI. 10. On October 27, 1995, Plaintiff/counter-defendant came to the marital residence with the intent of taking the minor child, Catherine Ramsey, by force, after he had filed his Petition for Protection from lIbuse from Defendant/counter-plaintiff. He physically assaulted Ms. Ramsey at this time and the police were called to the scene. Mr. Ramsey also put her in fear of imminent bodily injury. WHEREFORE, the Defendant/counter-plaintiff requests that this Honorable Court enter a Protection From Abuse Order: A. Excluding Plaintiff/counter-defendant from the marital residence at 35 Teaberry Drive, carlisle, Cumberland county, Pennsylvania and from any other residence Defendant/counter- plaintiff might choose to establish; B. Directing Plaintiff/counter-defendant to cease and desist attempts to contact or visit Defendant/counter-plaintiff by telephone or otherwise, to refnlin from heing in the physical presence of Defendant/counter-plaintiff pending final hearing and then for a period of time not to exceed one year; c. Directing Plaintiff/counter-defendant to threatening, harassing or verbally cease and abusing desist . Defendant/countor-plaintiff in any manner pending a final hearing and thon for a period of time not to exceed one year; D. Direot Plaintiff/counter-defendant Defendant/counter-plaintiff's counsel fees; to pay E. Direct Plaintiff/counter-defendant to reimburse Defendant/counter-pia intlff' s taxable costs pursuant to 23 Pa. C.S. Section 6107 (d); F. Direct Plaintiff/counter-defendant to pay a reasonable amount of support for Defendant/counter-plaintiff; G. After hearing to be held within ten (10) days of the filing hereof, enter a final protective order continuing the relief set forth above, all for a period of one year; H. Directing whatever other relief the Court deems appropriate. Respectfully submitted, ~ Jt.1b&9 S ef:o en G.' Held Dissinger & Dissinger 28 N. 32nd street camp Hill, PA 17011 (717) 97-2840 Attorney for Defendant III ........ ..< - ........' .. -, ....- ,.,... II +"' j -~-' - -'"1 ~ III ~ 8 :ii8 ~ 8~ ..; ~~~ 1=\'''' ::c ~~ ~ ~-::; resumption of residence with the Plaintiff shall not invalidate this Ortler. The Defendant shall seek modilication (change) of this Ortler before resuming residence in the Plaintiffs domicile. wherever it may be. Temporary custody of ".- rrni~4 Ihl~~ II.i1d..II. Maribeth Ramsey. age 11; U..... RamuS". 1St 1-4. 110.:1 Cdll,,,,;,,~ RanuC). a!1 0, is hereby awartled to the Plaintiff, ROBERT C. RAMSEY. The Defendant is ordered to refrain from having any contact with the Plaintiff (including, but not limited to, restraining the Defendant from entering tile place of employment or business or school of the Plaintiff and from harassing the Plaintiff. Plaintiff's relatives or minor children. This Order shall remain in effect until a linal order is entered in this case. A hearing shall be held on this matter on the ,A,..,( day of '1'Uwml<..M...-. 1995, at I: 30 f .M. in Courtroom No.L, Cumberland County Courthouse. Carlisle. Pennsylvania. The Cumberland County Sheriff s office shall attempt to make service at the Plaintiffs request, but service may be accomplished under any applicable rule of Civil Procedure. The Middlesex. EastPennsboro and Silver Spring Township Police Departments 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 upnn probable cause that this Order has been violated. whether or not the violation Is committed In the presence of Ihe police officer. In the event that an arresl is made under this section, the Defendant shall nol be laken 10 jail but shall be Plaintiff and his childrcn, and by physical menace has placed the Plaintiff and his children in fear or imminent serious bodily injury. This has included hut is not limited to the following specitic Instances of abuse: a. On Octoher 16, 1995, Defendant shovcd and pushed to the ground;'thc couplc's minor daughter, Mariheth Ramsey, used obscenc language and spit in the minor's face. b. On Octoher 15, 1995, Defendant poured ice water on minor, Maribeth Ramsey, while she was sleeping. The minor left the residence and stayed with a neighbor. Defendant then used obscene languagc with husband degraded him to the parties's minor child, Catherine Ramsey. Plaintiff attempted to get away from the Defendant howevcr, Defendant continued to block Plaintiff's way. Plaintiff wcnt outside in an attempt to again remove himself from the violent rages of the Defendant and Defendant then thrcw a pair of golf shoes at Plaintiff. Plaintiff then attempted to ignore Defendant by tending to his rose garden. Defendant then produced a pair of clippers and began clipping off the roses in a threatening manner, placing the Defendant in imminent ahuse. Plaintiff retreated to the family residence when the Dcl'endant followed. Defendant tben hit Plaintiff in the right eye, punched and kicked at Plaintiff's groin cutoff a piece of Plaintiff's hair with a pair of scissors, dragged Plaillliff around tbe living room by his hair. Plaintiff then went into the parties' bedroom IInd locked the door. The Defendant managed to pick the loek of the bedroom door and cnntinued to hit and kick Plaimiff. Defendant then obtained water from the parties' bathroom and threw it on Plaintil'!' and left the parties bedroom. Plaillliff then re- locked the bedroom door IInd barricaded same. Defelllhll1t then hroke the door from the hinges IInd oUlof the frame. She then began hitting Plaintiff with the door as he lay on the bed. c. On September 9, 1995 police were called to the parties' residence. Defendant had been hitting the Plaintiff. Defendant hit thc minor, Mlltthew Ramsey, causing his mouth to bleed. The Plaintiff attempted to record the mntings of the Defendant. Thc Defcndant attempted to obtain the recorder. Plaintiff put the recordcr in his jeans. Defendant then sat on tile Plaintiff and cut open his jeans in an altemptto obtain the recorder. d. On Fcbruary 17, 1995 Defendant asused (hc minor child, Marjbcth Ramsey, by punching her in the face and causing blceding from (he mouth. e. On January 16, 1995 (he police werc called to the parties residence. Defendant again struck the minor, Maribeth Ramsey. 6. On O~tober 16, 1995 the Plaintiff and his one child, Maribetll Ramsey left their residence at 35 Teaberry, Carlisle, Middlcsex Township, Cumberland County, Pennsylvania in order to avoid further abuse. 7. The Plaintiff believes and therefore avers that he and his children will be in immediate and present danger of abuse from thc Defendant should he return to the home with his children without the Defendant's cxclusion and that he and his children are in need of protcction from sueh abuse. 8. The Plaimlff desires that thc Defendant be restraincd from emcring his place of cmployment, business or school having IIny contllct wilh him, harassing (hc PllIintiff or Plaintiff's rclalives, or minor children or Ihc entering the childrcn's schools. 9. The Defendant has uscd or threatened to use thc foilowing weapons in his abuse of thc Plaintiff (and/or the minor children): Scissors. 12. The Plaintiff has no knowledge of IIny custody proceedings conceming these children pending before a court in this or any other jurisdiction. 13. The Plaintiff does not know of any pcrson not a party to this action who has physical custody of the children or claims 10 have custody or visitation rights witli respect to the children. 14. The best interests and permanent welfare of thc children will be met if custody is temporarily granted to thc Plaintiff pending a hearing in this matter because: a. The Plaintiff is a tit parent who can best take care of his children. b. The Defendant has shown by her abuse of the Plaintiff that she is not an appropriate role model for the children. c. The Defendant has demonstrated by her abuse of the children that she is an unlit parent. C. EXCLUSIVE POSSESSION 15. The home from which the Plaintiff is asking the Court to exclude the Defendant is owned in the names of ROBERT C. RAMSEY and MAIULYN S. RAMSEY. 16. The Plaintiff currcntly hlls no place to stllY with his children except the marital home. 17. The Plaintiff deslrcs possession of thc home so as to give the greatest degree of continuity to lives or the children lInd III allow them to continue their education at their schools and to continue thcir sehoolllnd socilllllctivilles. WHEREFORE, pursuant to the provisions of the "Protcction from Abuse Act" of October 7,1976,23 Pa.C.S.A. Section fJlOl ~ :i\lli., ;IS mnendcd, the Plaintiff prays this Honorable Court to grant the following relief: A. Gram a Temporary Order pursuant to thc "Protection from Abuse Act:" I. Requiring tile Defendant III refrain from IIbusing tllC Plaintiff and his minor children or placing thcm in fear of abuse. 2. Requiring the Defendant to refrain from having any contacl witll the Plaintiff, including, but not limited to, restraining the Defendant from entering the plaee of employment or busincss or school of the Plaimiff and from IJ;lrassing the Plaintiff, Plaintiff's relatives or minor children. 3. Granting temporary custody of thc minor children to the Plaintiff; 4. Granting possession of the home located at 35 Teaberry Drivc, Carlisle, Middlesex Township, Cumbcrland County, Pcnnsylvania to the Plaintiff to the cxclusion of the Defendant pending a linal ordcr in this matter; 5. Ordering the Defendant to stay away from the residence located at 35 Teaberry Drive, Carlisle, Middlesex Township, Cumbcrland County, Pennsylvania. 6. Ordering thc Defendant 10 stay aW;ly from any residence thc Plaintiff may in the future establish for himself; and n. Schedulc a hcaring in accordancc with the provisions of thc "Protection from Abuse Act," ;lnd, atier such he;lring, enter ;In llI'dcr to he in cffect for a pcriod of onc year: I. Hequiring the Dcfend;lnt to rcfrain from ;lbusing the Plaintiff or his minor ehildren or pl;lcing them In fe;lr of abuse. 2. Requiring the Defendmll to refrnin from having any contact with thc Pllllntiff, Including, but not limited 10, restraining the Dcfendant from cntering the pl;lce of employmcntor business or schnnl nf the Plaintiff and from harassing the Plaintiff. Plaintiff's relatives nr minor children. 3. Granting pnssession of thc residcnce at 35 Teaberry Drivc, Carlisle, Middlesex Township, Cumbcrland County, Pcnnsylvllnia, to the Plaintiff tn thc exclusion of tile Defendant. 4. Ordering the Defcndant to stay away from the rcsidence located at 35 Teaberry Drive, Carlislc, Middlescx Township, Cumbcrland County, Pennsylvania. 5. Ordering thc Defcndant to stay away from any rcsidcnce the Plaintiff may in the future establish for himsc1 f. TIle Plaintiff further asks that this a copy of tllis Petition and Order be dclivered to the Mlddlescx Township, East Pcnnsboro Township and Silver Spring Township, police Departments as thc police Departmcnts with jurisdiction to cnfnrcc this Ordcr. The Plaintiff prays for such other rclief as may be just and proper. COUNT 11 CUSTODY UNDER PENNSYLV ANlA CUSTODY LAW I. Thc 1I11cgutlons of Count I abovc arc incorporatcd hcreln as If fully set linth. 2. The best intcrests unu permancnt welfure of thc children will be scrved by confimllng custouy in the Plaintiff as set forth in Puragruph 14 of the Petition. WlIEREFOHE, pursuant to 23 P.S. Scctlon 1001 ~ I!lal., IInd other applicable rules IInd IIIW, the Plaintiff prays this \1onnl'Ublc Court to awuru custody of the mlnnr chlldrcn to him. resumption of residence with the 1'IIIInl1l1 shllllnul Invlllhlllle lhis lIlIll'L The Defcllllllnl shall seck moditiclltiun (chllnl!c) III' lhls Older helorc rcsumlulllchhlenl'e lnlhe 1'IIIInllll 'h domicile, whercver il mllY be. Temporary custody III' [. .. .... Mllriheth Itllmhcy, IIlle 17;, r -it .... I r 1 . .. .": hClch)' 11\\'IIIlICIIIUlhe 1'11I1nllll, IU)JIEln C. RAMSEY. Thc Ilefendllnt is lII'dered Iu rdrain Inlln IlIlI'inlllln)' ,'lInlllll \\'lIh Ihc 1'IIIInl1l1 (including, bUI not IImitcd Ill, rCMrllinirllllhe Ilefelldlllll IIUIII elllerilllllhe plllce III' employment IIr busillcss or school of thc PllIilltillllllll 1111111 hlllllhsllllllhe I'llIintll1, 1'11Ilntiff's relatives or minor children. This Order shllll rell1l1ill In ellcclulllilll firllllulller lh cntcrcd inlhlh CllSC. A hearin!! shall be held IInthis millieI' IInthe ;"nJ dllY uf NO Vl,/JJbuC.., II)II~, III ~.M. ill Courtl'llulI1 NIL,d., ('lIl11belllllld l'lIulIly l'lIullhuUhC, ('lIrlisle, I'enllsylvanlll. The Cumhcrland ('ounty Sherill\ IIl1ke Sllltllllllell111t hi II1l1kc service ul the I'laintiff's requcsl, but service mil)' hc allulI1pllhhellunder uny upplicuhle nile of Civil I'roeedurc. Thc Middlesex, Eusl I'ennhblllu IInll Silvcl Spl Jnll TlI\\'nhhlp I'lIlice Ilepurtments will he provided with u cIIPy uf this Older h)' 1I1l0IlW)'h lor I'llIllllill. This Order shull he enfilrced hy uny hlw cnhllcclI1enl IIl1cIIC)' whele II vlullIllllnllcclII's by IUTcst hlr indircct crhllinlll conlell1pt WilhllUl Willi lint UPUlllllubllble "III1hC thllllhls Older hilS heen villluted, whether 01' nut Ihe viulullun ih cUll1l11llled illlhe plehelllc ullhe pulice IIfficer. In the event Ihlll anllrresl is II1l1de undcr thih M~lllun, lhe Ilclellllllnl hhllllnul he tukenlll juil but shall be ROBERT C, RAMSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA for himself and on behalf of his minor children CIVIL ACTION - LAW vs. ,/',-. L Vl..L NO. CIVIL 1i9S -r;........ MARILYN S. RAMSEY, Defendant PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa. C.S.A. Section 6101 et. seq, A. ABUSE 1. TIle Plaintiff is an adult individual whose permanent address is 35 Teaberry, Carlisle, Middlesex Township, Cumberland County, Pennsylvania 17013. The Plaintiff brings this action for himself and the parties three minor children. 2. The Plaintiff is lemporarily staying at an undisclosed location for his own protection and to avoid further abuse as is more fully set forth herein, This address will be furnished to Ihe court upon requcst. 3. The Defendant is anudult Individual residing at 35 Teaberry Drive, Carlisle, Middlesex Township, Cumberland County, Pennsylvania, 17013. 4. The Defendant Is the spouse of the Plalllliff. 5. Sincc curly 1990, the Defcndant has uttempted to cause and has intentionally, knowingly. or recklessly caused hodlly InJury, physicully abused the minor children and Ihe Plaintiff and his children, and by physical menace has plllced the Plaintiff and his children in fear or immincnt scrious bodily injury. This has includcd but is 110t limited to the following specific instances of abuse: a. On Octobcr 16, 1995, Defendant shoved and pushed to Ihe ground, the couple's minor daughter, Maribeth Ramsey, used obscene IlInguage and spit in the minor's face. b. On October 15, 1995, Defendant poured ice water on minor, Mariheth Ramsey, while she was sleeping. The minor left the residence and stayed with a neighbor. Defendant Ihen used obscene language with husband degraded him to the parties's minor child, Catherine Ramsey. Plaintiff attempted to get away from the Defendant however, Defendant continued to block Plaintiff's way. Plaintiff went outside in an attempt to again remove himself from the violent rages of the Defendant and Defendant then threw a pair of golf shoes at Plaintiff. Plaintiff then attempted to ignore Defendant by tending to his rose garden. Defendant then produced a pair of clippers and began clipping off the roses In a threatening manner, placing the Defendant in imminent abuse. Plaintiff retreated to the family residence when the Defendant followed. Defendantlhen hit Plaintiff in the right eye, punched and kicked at Plainliff's groin cutoff a piece of Pllllntiff's hair with a pair of scissors, dragged Plaintiff around the living room by his hair. Plaintiff then went into the parties' bedroom and locked thc door. Tbe Defendalllmanaged to pick the lock of the bedroom door and continued to hit and kick Plaintiff. Defendant then obtained water from the parties' balhromn and thrcw it onl'lalllllff and Icft thc parties bedroom. Plaintiff then re- locked Ihe bedroom door and barrlcllded same. Dcfendantthcn hroke the door from the hinges and out of Ihe framc. She then hegan hilling Plaintiff with the door as he lay on the hcd. c. On September 9, 1995 police were called to thc parties' residcncc. Dcfellllunt had been hitting the Plaillliff. Defendunt hit the minor, Matthcw Hamsey, causinll his mouth to hleed. The Plaintiff allempted to record the I'IIntings of thc Defcndant. The Defendllnt attempted to obtuin the recorder. Plaintiff pUlthc recorder in his jcans. Defendant then sat on the Plaintiff und cut open his jeans in un allemptlo obtuinthc recorder. d. On February 17, 1995 Defendant asused the minor child, Maribeth Ramsey, by punching her in the face and causing blceding from thc mouth. e. On January 16, 1995 the police were callcd to the parties residence. Defendant again struck the minor, Maribeth Hllmscy. 6. On October 16, 1995 Ihe Plaintiff and his one child, Maribeth Ramsey left their residence at 35 Teaberry, Carlisle, Middlesex Township, Cumberland County, Pennsylvania in order to avoid further abuse. 7. The Plaintiff believes and therefore avers that he and his children will be in immediate and present danger of abuse from the Defendant should he return to the home with his children without the Defendant's exclusion and that he und his children arc in need of protection from such ubuse. 8. The Plaintiff desires thulthe Dcfendunt bc restruined from entering his place of employment, business or school hllving uny colllact with him, hllrllssing the Plllintlff or Plaintiff's rclativcs, or minor children or Ihe entering the children's schools. 9. The Dcfendlllll hilS used or threatened III usc the following wcapons in his abuse nf the Plaintiff (and/or the minor children): Scissors. } 12. The Plaintiff has no knowledge of any cuslody proceedings concerning these children pending before a court in this or any other jurisdiction. 13. The Plaintiff does not know of any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interests and penllanent welfare of the children will be met if custody is temporarily granted to the Plaintiff pending a hcaring in this matter because: a. TIle Plaintiff is a lit parent who can best take care of his children. b. The Defendant has shown by her abuse of the Plaintiff that she is not an appropriate role model for the childrcn. c. The Defendant has demonstrated by her abuse of the children that she is an unlit parent. C, EXCLUSIVE POSSESSION IS. The home from which the Plaintiff is asking the Court to exclude the Defendant is owned In the names of ROBERT C. RAMSEY and MARILYN S, RAMSEY, 16. 11le Plaintiff currently has no place to slay with his children except the marital home. 17. The Plaintiff desires possession of the homc so as to give the greatest degree of continuity to lives of the children and to allow them 10 continuc their education at their schools and to continue Iheir school and social activities. WHEREFORE, pursuant 10 the pl'llvisions of the "Protection from Abuse Act" of October 7,1976,23 Pa.C.S.A. Section 610llj ~., as lImended, the Plaintiff prays this Honorable Court to grant the following relief: A. Grant a Tcmporary Order pursuant to the "Protection from Abuse Act:" I. Requiring the Defendllnt to rcfrain from lIbusing the Plaintiff and his minor children or placing them in fcar of abuse. 2. Requiring the Defendant to refrain from hllving any contllct with (he Plaintiff, including, but not limited to, rcstraining the Defendant from entering the plaee of employment or business or school of the Plaintiff and from harassing the Plaintiff, Plaintiff's relatives or minor children. 3. Granting temporary eustody of the minor children to the Plaintiff; 4. Granting possession of the home located at 35 Teaberry Drive, Carlisle, Middlesex Township, Cumberland County, Pennsylvania to the Plaintiff to the exclusion of the Defendant pending a final order In (his mailer; 5. Ordering the Defendant to stay away from the residence located at 35 Teaberry Drlvc, Carlisle, Middlescx Township, Cumberland County, Pennsylvania. 6. Ordering the Defendllnt to stay away from any residence Ihe Plaintiff may in the future establish for himsclf; lInd D. Schedule a hearing in accordancc with the provisions of the "Protection from Abuse Act," and, after such hcaring, enter an order to be in effect for a period of one year: I. Requiring the Dcfendanl to refrain from ahuslng the Plaintiff or his minor chlldrcn or placing them in ICllr of IIbuse. 2. Requiring the Defendant to refrllln from having any contacl with the PllIintifT, including, but not limited to, restraining Ihe Delcndlllll from entering Ihe plllce of employment or business or school of the Plaintiff and from harusslng thc Plllintiff, Plllintlft"s relatives or minor children. 3. Granting possession of the rcsidcnce at 35 Tellberry Drivc, Carlislc, Middlesex Township, Cumbcrland Coullly, Pennsylvllniu, to thc Plaintiff to the exclusion of tile Defendant. 4. Ordering the Defendalll to stay uwuy from thc rcsidencc located at 35 Teaberry Drive, Carlisle, Middlesex Township, Cumberland County, Pennsylvania. 5. Ordering the Defendant to stay aWIlY fl'Om any residcnce the Plaintiff may in the future cstablish for himself. The Plllintiff further asks that this a copy of this Pelition and Order he delivered to the Middlesex Township, East Pennsboro Township and Silver Spring Township, Police Depllrtments as thc Police Depllrtmcms with jurisdiction to enforce this Ortler. The Plaintiff prays for such other relief as may he just and proper. COUNT 11 CUSTODY UNDER PENNSYLVANIA CUSTODY LAW I, The allegations of Count lllbove are incorporated herein as if fully set forth. 2. The best imercsts IInd permunent welfare of the children will be served by confinning custody in the Plaintiff liS set forth in ParugruJlh 14 of Ihe Petition. WHEREFORE, pursuant \() 23 P.S. Section 1000ltl fil:ll., and other applicable rules and law, the Plaintiff prays this Ilonorable Courl 10 IIwllrd custody of thc minor children to him. ~ ROBERT C. RAMSEY, 1 IN THE COURT OF COMMON PLEAS OF Petitioner 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 V. 1 1 MARILYN S. RAMSEY, 1 CIVIL ACTION - LAW Respondent I NO. 95-6062 CIVIL TERM IN REI CUSTODY ORDER OF COURT AND NOW, this 11th day of February, 1998, upon agreement of the parties, it is ordered and directed as followSl 1. The parties shall have shared legal custody of their children, Matthew Philip Ramsey [OOB: March 18, 1982] and catherine Anne Ramsey [DOBI March 24, 1987], 2. Father shall have primary physical custody of said children subject to partial physical custody of mother as followSl a, Every other weekend from Friday at 5:00 p,m. until sunday at 7100 p,m. b, Alternating holidays, provided, however, that mother shall always have the children on Mother's Day and father shall always have the children on Father's Day. c, Two non-consecutive weeks over the summer. Mother shall give father at least thirty days notice of her intention to exercise such week-long periods of partial custody, d, At such other times as agreed upon by the parties. The above periods of partial custody shall be ~ exeroised so long as mother lives with her parents or a sibling. If those living arrangements change, the issue of partial oustody shall be revisited by the court unless the parties otherwise agree. 3. Both parties will make eure that the children attend all scheduled medical appointments and take all prescription medication during the periods the children are in their individual custody and control. 4. Each party shall faithfully take any and all medication prescribed for him or her by a treating physician. 5, Neither party shall take any prescription medication or other controlled substance that has not been specifically prescribed for his or her use, 6. It appearing that both parties and the children will be living in Paulding county, Georgia, either party may petition the courts of said county to enforce or modify this order. By the court, ~.H Edward E. Guido, J, Lisa M. coyne 1 Esquire For the Petit oner - L'~i""'.v f"'(I'u,(, ;)..jlll'TI' "s.f Gerald s. Robinson, Esquire For the Respondent