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HomeMy WebLinkAbout96-01171 ~ ~ J t::- ~/ '-:} , ~ The defendant is enjolned from rBmoving. damaging. destroying or selling any property owned jointly by the parties or owned solely by the ~lajntiff. A violation of this Order may sUbject the defendant to: i) arrest under 23 Pa. C.S. 16113; Ii) a private criminal complaint under 23 Pa. C.S. 16113.1; iii) a charge of indirect criminal contempt under 23 ~a. C.S. 16114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and i~) civil contempt under 23 Pa. C.S. 16114.1. Resumption of co'-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and can be extended beyond its original expiration date If the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custod~ of JORDON and JAMIE GROOME, is hereby awarded to the plaintiff, KATHLEEN M. GROOME. A hear i ng sha 11 be he 1 d on th j s matter on the /.Jt;{ day 01 March, 1996, at ~L. /. ('_.~_.;..m., in Courtroom No.1. Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the oFfIce of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mai 1. The Lower Allen Township Police Department shall be provided with a certified copy of thlS Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the pol ice oFficer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa. C.S. g 6113). By the Court, _./4,.~/d. / Judge ,/ I // a. On or about February 23. 1996, the P lajntl ff, who was sleeping in a reel iner, woke to fInd the defendant standIng oyer her. When the plaintiff trIed to rise from the chair, the defendant shoved her back down, grabbed ~he foot rest, and threw the chaIr backward, causing the plaintiff to fall back and oyer the chair to the floor. When the plaintiff attempted to get up, the defendant repeatedly shoyed her to the floor and into a corner, pinned her shoulder against the wall, pushed his finger into the plaintiff's throat, and punched the door immediately beside the plaintiff, causing her to fear for her safety, The defendant then grabbed the plaintiff's dog by his back and threw him across the room onto the floor, making him yelp, When the plaintiff went for the phone, the defendant grabbed her by the arm and threw hel' into the air and onto the sofa. When the plaintiff cried out in pain, the defendant said, "Don't worry; I won't really hurt you, I'm smart enough not to 1eaye marks." The defendant punched the plaintiff in the thigh, walked into the dining room, and repeatedly punched the walls with his fists. The defendant went downstairs and yelled to the plaintiff, "Come on you fucking bitch; come downstairs to my territory where you can't get away," The plaintiff. fearing for her safety, called a friend to come oyer, The defendant came back upstairs, screamed at the plaIntiff while standing almost on top of her. and punched the wall directly behind the plaintiff's head saying, "r wish that was your face." The defendant got close to the plaintlff's face while he had a cigarette In hIS mouth causing her to feel the heat, and he punched the wall immediately beside the plaintiff's head. The police filed simple assault and disorderly conduct charges against the defendant. The plaintiff suffered bruising to her thigh, baCk, shoulders, elbow, and arm, and soreness about her neck. b. On or about December 3, 1995, the defendant punched the wall behind the plaintiff. When the plaintiff stood up, the defendant forcefully shoved the plaintiff onto the sofa. c. Since 1974, the defendant has physically abused the plaintiff in ways including, but not limited to, the following: grabbing her by the arms, restraining her, punching the plaintiff, and punching a wall directly beside the plaintiff. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she remain in the home without the defendant's exclusion, and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to. telaphone and wrttten communications. 7. The platntlff desires that the defendant be enjoined from harassing and stalktng the plaintiff, and from harassIng the plaintiff's relatives. 8. The pla1ntlff desjre~ that the defendant be restrained from entering her place of employment. 9. The platntiff desires that the defendant be enjoined from removing. damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. !i~l!.CLUSI.Y.L E!QSSESSIQ!,! 10. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of Kathleen and Thomas Groome, and as a condition of bail, the defendant is oredered to stay away from the home and he has not resided there since February 23. 1996. 11. The plaintiff currently has no place to stay with her children except the marital home, and the defendant has family and friends in the area with whom he can stay. 12. The plaintiff desires possession of the home so as to give the greatest degree of continuity to the lives of the children and to allow them to continue their education at their schools and to continue their school and social activities. C~_~I1PPQBJ 13. The defendant has a duty to support the plaintiff and the minor children. 22. The plaintiff does not know of any pe~son not a pa~ty to this action who has physical custody of the chlld~en o~ claims to have custody or visitatIon rights with respect to the children. 23. The best interests and permanent welfare of the minor 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 their emotional and physical needs. 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 P.S. g 6101 et ~g., 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 having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communicatIons; 3. O~de~in9 the defendant to ~ef~~in f~om ha~asslng and stalking the plaintIff and f~om ha~assing the plaintiff's ~elatives; 4. P~ohibitin9 the defendant f~om ente~ing the plaintiff's place of employment; 5. P~ohibjtin9 the defendant f~om ~emoving, damaging, dest~oyin9 o~ sell ing p~ope~ty jointly owned by the pa~ties o~ owned solely by the plaintiff; 6. G~antin9 possession of the home located at 1174 Kingsley Road, Camp Hill, Cumbe~land County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final o~der In this matte~; 7. O~de~ing the defendant to stay away f~om any residence the plaintiff may In the futu~e establish for he~se1f; 8. G~antlng tempo~a~y custody of the minor chl1d~en to the plaintiff; B. Schedule a hea~Ing In acco~dance with the p~ovisions of the "P~otection f~om Abuse Act," and, afte~ such hea~Ing, ente~ an o~der to be in effect fo~ a pe~Iod of one yea~: 1. O~de~in9 the defendant to ~ef~aln f~om abusing the plaintiff o~ plaCing he~ in fea~ of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting thg defendant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jOintly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the home located at 1174 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Granting support to the plaintiff and the minor children in an appropriate amount according to the Support guidelines in the amount of $300.00 per week payable to the plaintiff in the form of a check or money order, mailed to her residence, and ordering the defendant to provide health coverage to the spouse and mInor children, directing the defendant to pay all of the unreimbursed medical expenses of the plaintiff and mInor children of the defendant to the provider or to the plaintiff when she has paid for the medical treatment and directing the defendant to make or continue to make mortgage payments on the residence of the plaintiff. 9. 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 plaintif~, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the Lower Allen Township Police Department. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA.CUSTOpy LAW 24. The allegations of Count I above are incorporated herein as if fully set forth. 25. The best interest and permanent welfare of the minor children will be served by confirming custody in the plaintiff as set forth in Paragraph 23 of the Petition. The above-named plaintiff. KATHLBBK GROOMB. verifies that the statements made in the abova Petition are true and correct. The plaintiff understands that false .tatements herein are made subject to the penalties of 18 Pa. C.S. 84904 ~elatin9 to unswo~n falsification to authorities. Date: //~q/q{,,1 ( , I /- f 4C' ,.Y!.i..' athleen Groome. Plaintiff # County, Pennsylvania, except for the limited purpose of transferring custody during which times the defendant shall rema~n in his vehicle. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody during which times the defendant shall remain in his vehicle. 8. The defendant is ordered to pay support to the plaintiff and the minor children in the &mount of '300.00 per week, payable to the plaintiff in the form of a check or money order, mailed to her residence, and ordering the defendant to provide health coverage to the spouse and minor children, directing the defendant to pay all of the unreimbursed medical expenses of the plaintiff and minor children of defendant to the provider or to the plaintiff when she has paid for the medical treatment and the defendant is directed to make or continue to make rent or mortgage payments on the residence of the plaintiff. 9. The Court costs and fees are waived. 10. This Order shall remain in effect for a period of one (1) year and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff on a continued basis. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 6. The defendant agrees to stay away from the plaintiff's residence located at 1174 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania, except for the limited purpose of transferring custody during which t1mes the defendant shall remain in his vehicle. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of tranSferring custody. 8. The defendant agrees to pay interim support to the plaintiff and the minor children in the amount of '300.00 per week payable to the plaintiff in the form of a check or money order by mail pending the entry of an order by the Cumberland County Domestic Relations Office. Payments to commence upon entry of the Protection Order and each Monday thereafter. 9. the defendant agrees to continue to provide health coverage to the spouse and minor children, and to pay all of the unreimbursed medical expenses of the plaintiff and minor children of defendant to the provider or to the plaintiff when she has paid for the medical treatment. 10. The defendant is directed to make or continue to make rent or mortgage payments on the residence of the plaintiff. 11. The defendant. although entering into this Agreement, does not admit the allegations made 1n the Petition. 12. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) year and can be extended beyond its original expiration date if " the Court finds that the defendant has comm~tted an act of abuse or has engaged in a p~ttern or practice that indicates risk of harm to the plaintiff on a continued basis. The defendant understands that this Order will be enforce~ble in the same manner as the Court's prior Temporary Protection Order entered in this case. 13. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa. C.S. ~6l13; ii) a private criminal complaint under 23 Pa. C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. ~6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. e.s. ~6114.1. 14. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their children, JORDAN and JAMIE GROOME. a. The mother will have primary physical and legal custody of the children. b. The father will have visitation with the children on dates and at times mutually agreed upon by the parties. c. The mother and father agree that each will notify the other of all medical emergencies which arise while the children are in that parent's care. d. The parties realize that their children's well being 15 paramount to any differences they might have between themselves. Therefore, they agree that neither · L., ~~l~OfiArtB6i ~J~nie!11f'~:s oi C:.J:-.::..~~:,i::n:! C;.:;~:-;':'/I ?;nr:syl'l:~iQ KathLeen M. Groome 'is. Thomas R. Groom'~ :0<0. 96- L L 7 l _~..u. ---. :1- :-iow, March 0') :9....2.2... !. S~~'1 0]:' C~!3z:?...!..A.'f:) COt.-:-I":"!, ?-l... :0 ::::by ~::u= ::::, S'==~ 01 Dauphin CoJu::q ::I :::::::::.:1 ..:..:" 'tV::; :, ~~u===. l:~ -....:. u == ...."':.~ :.:ci ::..u \)C == ?!~::r. ~~-~ Slle."'l:! .t C:.= =ci C~II:U7. ? . .~ ~da.vit or S~m= :-iow, !9 .- o...:.!cc "t. =-::0:1. :.:: wi.;':" '.1?<,Q .: by =clli1; :Q ~ c::py ci == .:,~' ,1 ~ md _0;2";. !cowtI :a :::, .::::.:=:s . . ==--=::t. 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