HomeMy WebLinkAbout96-01117
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reasonable fear of bodily Injury. This has Included, but Is not
limited to, the followin!! specific instances of abuse:
a. On 0 r abou t. Feb..uary 26, 1996, the de fendan t
repeatedly threatened the plaintiff saying that if she
got. " court order alolain",t him, he would hunt he,' down
and '",riously hllrt. her causing the plaintiff to fear
for her safety.
b. In or about ,January 1996, t.he defendant argued
with t.he plaint.i ff and forcefully punched 1\ hole in a
door knocking it off t.he hinges causing the plaintiff
t.o fear for her safety. As the plaint.lff turned away
from t.he defendant, he forcefully pushed her In the
middle of her back with his fist causing her t.o fall to
t.he floor, When the plaintl ff got up off at' the floor
and sat. down, the defendant grabbed her by the arm,
pulled her up causing pain in her arm, and spun her
around causing he,' t.o fall into the couch with such
force that the couch hit t.he wall. The police were
called and assisted the plaint.iff and her children in
leaving t.he residence.
c, In 01' about. Oecember 1995, the defendant prevented
the plaint.! ff and h"r chi ldren from leaving the
residence by lo('kill~ t.he door and standing in front of
it., Later, t.he d"t'..ndant became angry, picked up a
baby bottle that was hal f full and forcefully thl'ew it
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at the plaintiff, hlttln~ their two-year-old dau~hter
In the chest causln~ a mark.
d. On several different occasions since approximately
September 1993, the defendant has grabbed the plaintiff
by her wrist, thrown different objects at the
plaintiff, prevented the plalntlff for leaving the
home, and punched holes in walls causing the plaintiff
to fear for her safety. Recently, the defendant has
stalked the plaintiff In ways Including but not limited
to, repeatedly driving around her residence and when he
sees her, telling her where she has been.
5. The plaintiff believes and therefore avers that she Is
In immediate and present danger of abuse from the defendant and
that she Is In need of protection from such abuse.
6. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
7. The plaintiff desires that the defendant be restrained
from entering her place of employment.
8. The plaintiff desires that the defendant be enjoined
from removing, dama~lng, destroying or selling any property owned
by the plaintiff.
!l'..u.~:1lGl,~~ r'LF,.p01?sf,~HilQ!,!
9. The home which t.he plaint.l ff Is /iRking the Court to
order the defendant t.o st.ay away from is not owned or rent.ed in
:1
the defendant'" name.
10, The defendant has his own residence located at 119 S.
Front Street, '3, Steelton, Pennsylvania.
C. SUPPORT
11, The defendant hils a duty to support the minor chi idren.
12. The plaintiff is in need of financial support from the
defendant including, but not limited to: health Insurance
coverage, l'llyment of unreimbursed medical expenses for the
children.
13, The defendant Is employed at RPS as a dock loader and
has an hourly salary of approximately $8.50.
14. The plal~tiff income is insufficient to provide for her
minimal needs Ilnd those of the children until such time as a
support order can be obtained by filing at the Domestic Relations
Office.
15. The plaintiff i~tends to petition for support within
two weeks of the Issuance of a protective order.
D. ATTORNEY FEES
16. The plaintiff asks that the defendant be ordered to pay
reasonable att.orney fees t.o Legal Services, [nc.
~:. TF.MPORARY CUSTODY
17. The plaintiff seeks temporary custody of the following
chi ldren:
4
~.!!!I!: ~~lI,f:.'.nLR~i~em;~
Alt~
Chelsie M. Heffelfin~('r 279 5us'lu('hanna Ave,
F:n" I a, PA
2 yrs, old
DOB 8/18/93
Courtney R. Heffel fi1l~er 279 SU!i')uehanna Ave.
Enol'l, PA
l yr, old
DOR 10/12/94
The children were horn out of wedlock.
The chi ldren are pre!lent.ly in t,he cust.ody of the plaint.iff
who resides at. 279 Susquehanna Avenue, ~nola, Pennsylvania.
Since their hirth!l, the children have re!lided wit.h the
following per'son!l and at t.he following addresses:
Nalle Md.reR~e!!
Plalnt.iff, defendant
222 Clay SL
West Fairview, PA
Dates
8/18/93 to
9/94
9/94 to
4/95
4/95 to
8/95
Plaint.iff, defendant.
2 R. Adams 51..
Enola, PA
Plaintiff, defendant,
Rebecca and Donald
Bryson (plaint.iff's
mot.her and stepfather),
Chad Bretz (plaintiff's
brother), and Shannon
Bretz (plaintiff's sister)
279 Susquehanna Ave.
Enol", PA
Plaintiff, defendant.
113 S. Enola Dr.
Enola, PA
8/95 to
1/31/96
1/31/96 to
present
Plaintiff, Rebecca and
Donald Bryson, Chad
Bretz, and Shannon Bretz
279 SU!lquehanna Ave.
Enola, Pa
The plaintiff, the mother of the children, currently resides
at 279 Susquehanna Avenue, Enola, Cumberland Count.y,
Pennsylvania.
Sh" is singl",
!i
children will be met If custody is temporarily granted to the
plaintiff pending a hearing in this matter for reasons including;
a. The plaintiff is a responsible parent who can best
take care of the minor children and has provided for
the emotional and physical needs of the children since
their births.
b, The defendant has shown by his abuse of the
plaintiff that he is not an appropriate role model for
the minor children.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 et Jiliill., as
amended, the plaintiff prays this Honorable Court to grant the
following relief;
A. Grant a Temporary Order pursuant to the
"Protection from Abuse Act:"
1. Ordering the defendant to refrain from
abusing the plaintiff or placing her in fear of
abuse.
2. Ordering the defendant to refrain from
harassing and stalking the piaintiff and from
harassing the plaintiff's relatives.
3. Prohibiting the defendant from entering the
plainl.iff's place of employment.
4, Prohihiting the defendant from removing,
damaging, desl.r'oying or' selling property owned hy
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t ht' I> l a I n t. i C f ,
5. ()rderin~ th,> d,.ft'ndant. t.o st...y aWIlY from the
pia i nU f f'.. ,'e,..,d,'nce locat.pd Ilt. 27fl Susquehanna
AVt~nue, F:nolFlt ClImbt.'rland Count.y, ppnnsylvnnif\,
and any "t.hp,' rp"id"nce the plaint.iff may
est...t,l i "h,
6. r.rantin~ t.t'mpor'H'y c""tody of t.he minor
children t.o the plaintiff.
A. Schpd"le a hn.ring in accordance with t.he provisions of
t.he "Prot.ect.ion from Ab.~".. Act.," and, Ilfter '"lch hearing. enter
an ord"r to he in effect for a period of one yellr:
I, Ordering t.he dpfendant to refrain from
abusing t.he plaintlff or plf\dng her in fear of
ahuse.
2. Ordering t.he defendant to refrain from
harlls"ing and st....lking the plaintiff and from
harassing the plaintiff's relatives.
3, Prohibit.ing t.hp defendant from entering the
plalnt.iff'" plact' of employment.
4. Prohibiting the defendant from removing,
damaging, d"stroying or selling propert.y owned by
t,h.. plainti fC.
5, Ordering the d..fendant to stay away from the
plainU ff'g residence located at 279 S"Rquehanna
A\iPrlllP, fo:noLn, Cumbl..-"r'lfind County, Pennsylvania,
H
which the parties have never shared, and any other
residence the plaintiff may establish.
6. Granting SUPI'OI't to the minor children in an
appropriate amount according to the support
guldelines payable to the plaintiff In the form of
a check or money order, mailed to her residence,
and order'ing the defendant to provide health
coverage to the minor children, directing the
defendant to pay all of the unreimbursed medical
expenses of the minor children to the provider or
to the plaintiff if she has paid for the medical
treatment.
7. Ordering the defendant to pay reasonable
attorney fees to Legal Services, Inc.
The plaintiff further asks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
pending a further order at the hearing, and that a cert.i fied copy
of this Petition and Order be delivered to the East Pennsboro
Police Department which has jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
COUNT II
CUSTODY UNI}ER P~;fojJIISy!.vANIA.. ClJ~TQQY I.AW
22. The allegations of Count r above are incorporated
herein as if fully set forth.
23. The bpst int,er.."t nnd permanent wel fare of the minor
!l
7. Th.. d..f..nd"nt. Ilnd..rst.and" that. t.he Protect.ion Order
enter..d in thi" matt..r will he In effect for a period of one year
and can be extended beyond It original expiration date if the
Court. finds that the defendant has committ.ed another act of ahu"..
or has engaged in " patlern or pract.ice that indicates continued
risk of harm to t.he plaintiff. The defendant understands that
t.hls Order will be enforceable in th.. "ame manner I\S the Court's
prior Temporary Protection Order entered in this case.
8. Viollltion of th.. Protection Order may subject the
defendant to: i) arrest undp.r 2:\ Pa.C.S. ~fl113; Ii) a private
criminal complaint und..r 23 Pa.C.S. ~6113.1; ili) a charge of
indirect crlminal contempt under 23 Pa.C.S. ~6114, punishable by
imprisonment up to six months and a fin.. of $100.00-$1,000.00;
and iv) civil cont.empt under 23 Pa.C.S. ~6114.1.
9. The defendant. and the plaintiff agree to the entry of
an Order providing for the following regar'ding custody of th..ir
children, Chelsie M. and Courtney R. Heffelfinger.
a. The mother shall have primary physical and legal
custady of the children.
b. The fath..r shall havp. part ial custody of the
childr..n ..very other w....k..nd on Sat.urday from noon
until 8:00 p.m. IInd Sunday from 10:00 a.m. until 8:00
p.m.
c. The mother IInd rllth..r, by mutual IIgreement, may
val'y fr'om thiR sch..d"l.. at. any time, but th" Ordpr
shall rema! n in "fr"et. unt. i I furth",' o,'d.." of cou,'t..
d. Th" mot.h..r and rat.h..r agr..e t.hat. ..aeh shall notify