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HomeMy WebLinkAbout96-01396 ~ I ~ ~ . - " ~ " 0- ; ~I The d..f..ndant is ordered t.o ref,'"in fr'om h..ving /lny direct. or indirect. contact with the \>lainl iff inelllding, but not limit.ed t.o, t..l"phon" ann written co",mllnicllt.ions, ..xc..pt for t.h.. limited purl'o.... of facilitat.lng ellS tony a,'rang..",..ntH, The defendant is enJoin"d from harassing and stalking the plaint.iff /lnd fro", har"..slng th.. plaintiff's relat.ives, The defendant is enjoined fro", ..nt.ering the plaintiff's place of employment and the day care facility of t.he minor child. The defendant. is enjoined fro", removing. damaging, dest.roying or Helling /lny property own..d Jointly by t.he parties 01' owned solely by t.h.. plaintiff, A violat.lon of this Order may subject t.he defendant to: il arrest under 23 Pa.C.S. S6113j iil a private criminal complaint under 23 Pa.C.S. g6113.1j iiil Il chllrge of indirect. criminal cont.empt under 23 Pa,C.S. g6114. punishable by imprisonment. up t.o six months and a fine of $IOO.OO-$l,OOO.OOj and iv) civil cont.empt under 23 Pa.C.S. g6114.1. Resumption of co-residence on t.he part. of t.he plllintiff and defendant. shall not. nullity t.he provisions of t.he court. order. This Order shall remain in effect IInti I modified 01' terminated by th" Court and c..n be extended beyond its original expiration date if t.h.. COllrt finds that th.. defendant has committed another act of ..bllse or has .."gaged in a patt...rn or praet.ic.. thllt indic"t..s cont.inlled l'isk of harm t,o t.he plaintiff. Tempo..ary custody of Mitchell L. fluffington is her'ehy awarded to thp p\.dnliff, I.ind" M. fluffing!.on. ^ helll'ing shall be held on t.his maU.er on the ,..i'l..1 day of Mal'ch, 1996, at F -.:i( r" in Courtroom No, .\~, Cumberland Count.y Courthouse, Cllr]isle, Pennsylvania, The plaint.iff may pr'lefled wlt.hollt. prfl-paYlllflnl. of ffles pending a fllrther order after t.he hearing, The ClImbflrlanei County Sheriff's Oepart.mflnt shnl] attempt to mllke service Elt. t.hfl plllint.iff's reqllest. nnd without. pre-payment of fefls, but. service may be accomp] ished IIneier any applicable rule of Clv 11 Procedllre, This Order shall be eiocket.ed in the office of t.he Prothonot.ary and forwarded to t.he Sheriff for service, The Prothonot.ary shall not. senei a copy of t.hls Order to the defeneiant by mail. The appropriate poliee departments will be provided with certified copies of this Dreier by t.hfl plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrflst for indirect criminal contflmpt without wnrrant IIpon probnble calise that. t.his Ordflr has been violated, whether or not the vio]ntion is committfld in thfl prflsence of the pollee officer, Tn the event. t.hat an arrest is made under this sect.ion, the eiefendant. shall be t.aken withollt. unnecessary delay before t.he cour't. t.hat. issued t.he order, When that court is f ~ i.-) ~ j , '~ ~ 'J '" 't 'J f. " I, l' i' l: ,I , i ~ J \' Linda M, Buffington, PIlLint i ff IN THF. COURT OF COMMON PLF.AS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, fl6- hi CIVIL TERM Michael L, Buffington, De fendant PROTECTION FROM ABUSE N 0 rr r c:: J4: You have been slIed in cou rt.. If YOIl wish to de fend aga i nst t.he claims set. forth in t.he following pages, you must. t.ake act.ion promptly aft.er t.his Petition, Order and Not.ice are served, by appearing personally or by attorney at. t.he hearing scheduled by the Court. and pres"nUng to the COllrt. your def..nses or objections 1.0 the claims set forth against. you, You are warned t.hat if you fail to do so t.he Court may proce..d without. you, and a judgment may be ent.ered against. you by the Court without further not.ice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or oth..r rights important to you. FEES AND COS'J'S If the case goes 1.0 hearing and the jud~e grants a Protection Order, a surcharge of $25,00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc, for their representation of the plaintiff, You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afrord one, go to or telephone the office set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th FWOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with t.he Americans wlt.h Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled Individual.. having businesH before the court, please cont.act. our office, All arrangements must be made at least 72 hours prior to any hearin~ Of' bU!'linpss b.,rore tho> court. You must attend the s('hedull'd cOllfprl'lIce or hearing. commit.ted acts t.oward the plaintiff under circumRt.ances which have placed the plaint.iff in reasonable fear of bodily Injury, This has included, but. iH not. limited t.o, the following sppciflc inHtnnceH of ubuse: u, On or abollt. March A, 1996, the defendant forcefully slammed a car door on the plaintlff's arm cuuHing bruiseR, b. On or about February 1, 1996, the oefendant forcefully pushed the plaint.i ff backwaros t.oward a burning wood stove causing h,'r to fall to the floor near the Htove. While the plaintiff was st.ill on t.he floor, the oefendant grabhed her by the hair and drng!led her approximately four feet causing her to have a sore scalp ano a headache. When the defendant. let go of the plaintiff's hair, she got up and left the residence, c. Tn or about November 1995, the defendant lunged t.oward the plaintiff, grabbed her by t.he neck with both of his hands causing a chair t.o fall backwards resulting in the defendant landing on top of the plaintiff and cBuHing her t.o have bruises on her neck and back, A friend intervened by pull ing the defendant off of the plaint.iff, d, In t.he fAll of 199~, while the plaintiff was driving A CAI', the defendant. forcpfully hit her on the 2 Hid.. of h",r fltc.. c'''I'Iing her h..ltd to hit t,h.. window. e. On sevprJll difft'rent. o("(,>>'Hl()n~ since l"pbrullry 1993, th.. def.'ndltnt hltH to(rltbbfd th.. plllintiff'" hltir yankln!! he,' h.."d bllck, I'""h..d hpr, for'c.dully !!rabbed her by th" "houldpr" shltkinll h"r, "tood in doorway.. prpv..ntin!! t.he plaintiff fr'om lenvlnll n room, and pu"h..d her Ollt of bpd with hi.. f..t't.. On one occasions, thp dt'fpndnnt hit t.hp plaintiff in the mouth splitting hpr I II' nnd cIlII..in~ '1wpll inll' fi, On or abollt March R, 199fi, thp plnlntlff left hpr renidt'nce "t 3424 Wnlnut. Street, Camp Hili, Cumberland County, Pennsylvania, In ordpr to nvold further' abuse, 7, The plaintiff helievps nnd therefore avers that 'Ihe Is In immediate and present dangpr of abuHe from the defendant and that she Is In need of protection from such abuse, 8. The plaintiff de'lires that the defendant be prohibited from having any dirt'ct or indlrpct. contact with t.he plaintiff including, but. not Ilmit.ed to, telephone and writ.ten communications, t'xcept for the limitpd purpose of facilitating cust.ody nrrangempntg, 9, Thp plaint.iff desirt'H thnt tht' defpndllnt be enjoined from harns'lin!! and stalking the plaintiff, and from harassing t.he plaint.i ff's rel"t ive", 10, The plaint iff desir.." that the dpfendllnt, bp re..t.rained from ..ntering hpr rll\('" of emploYlnf'nt and thf' dny car.. facil ity 3 plaintiff pending a hearing in this matter for reasons including: a. The plaintiff Is a responsible parent who can best take care of I.h" minor child and h...s Pl'ovid"d for the emotlon...1 ...nd physleal need!'! of the chiid since hls birth. h, The de f"I\llan I. ha" Hhown hy hi H ahuse 0 f the plaintiff thaI. he is nol. an appropriate role model for the minor child, WHEREFORE, pursuant. to l.h.. provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa,C,S. g 6101 et. ~" as amended, I.he plaintiff prays this Honorable Court to grant tho following relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ord"rlng the defendant to refrain from abllsing the plaintiff or placing her in fear of abllse, 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, except to facilitate custody arrangements, 3, Ordering the defendant to refrain from haraHHing and stalking the plaintiff and from haraHHing the plalnt.iff's relatives. Ii 4, Prohihitlng the defendnnt from entering the plaintiff'.. plnee of employment or the day care facility of the minor child, 5, Prohihiting the defendant from removing, dnmnglng, deHtroying or HPI] Ing propel'ty Jolnt.ly owned by the part.ies or owned solely by the plAintiff, 6. Ordering t.he defendant to stay away from the plaint.lff's undiHclosed residence, and Any other residence the plaintiff may estahllsh, except for t.he limited purpORe of transferring custody of their minor child at which t.lme the defendant shall remain In his vehicle, 7, Granting temporary custody of t.he minor child to the plaintiff, B, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," And, after such hearing, enter an order to be in effect for a period of one year: 1, Ordering the defendant to refrain from abusing the plaintiff or placing her In fear of abuse, 2, Ordering t.he defendant t.o refrain from having any direct or indirect contact with the plaintiff ineluding, hut not limited t.o, telephone and Wl'itt.r'n communicationR, exc'ept. to facilitate 7 custody nrrnngempnt.s, 3, Ordering the defendnnt to refrain from hnrnssing Rnd st.Rlking the plaint.iff Rnd from hnrRssing the plnintiff's relatives, 4, Prohibiting t.he defendant from enter'ing the plaintiff's place of employment. or the dPI care fa.-:ility of the minor child, 5, Prohibiting t.he defendant from removing, damaging, destroying or selling property jointly owned by t.he pRrties or owned solely by the plalntiff. 6, Ordering the defendant to stay away from the plaintiff's undisclosed residence, and any other residence the plaintiff may establish, except for the limit.ed purpose of transferring custody of the parties' child. The defendant shall remain in his vehicle at nIl times during t.he transfer of cust.ody, 7, Or'anUng custody of the minor chi Id to the plaint.iff. 8. Ordering t.he defendant. to pay reasonable at.t.orney fee.. to LegRl Services, Inc. The plaintiff furt.her asks that. t.his Petit.ion be filed and served wit.hout. payment. of fees and cost.s by the plaint.iff, ppnding II furt.her or'der lit. the hearing, IInd that. certified copies 8 of this Petition and Order be delivered to the appropriate police departments which have jurisdiction to enforce this Order, The plaintiff prays for such othpr rei ief as may be just and proper, Respectflllly submitt..d, ~"^- C~ ~ J Carey, All n~ ~ Plaintiff I.EGAI. SERVICES, INC. B Irvine Row Carlisle, PA 17013 (7171 243-9400 9 l.lnda M. RlIffin~ton, Plninti ff TNT" E CO{!IlT OF rmfMoN PLEAS OF ('II~fIlF:III.'\NTl COIlNTY, PF.NNSYl.VAN T A v. NO. !lo -I :I!Jfi CTVfl. TF.TIM Mlcha..1 T.. Ruffingl.on, n..f..ndnnt PJIOTECT roN FflOff ,'Rl1SF. MQT fON_...EQR CONTLN1JANCE The plalnt.i ff mov..... th" Cou,'1 fo,' an O,'d",' continlling gen..rally t.l", henrinll In t.hp ahovp.-cllpt.lo,,,,d ca!!e on t.ho ground!! t.hat.: I. A T"mpora,'y P,'ot..,ction O,'der wa!! i",,"prl hy this COllrt on March 14, 1990, >;c1wdllling a h"al'ing for March 20, 1996, at R::I0 a 0111. 2. The Cumherlnnd COllnty Sheriff's Depnrtm..nt served t.he defendant. wlt.h a cert.ified copy of t.he Temporary Protect.ion Order and Petit.lon for Prot.ect.ion Order on March 15, 1996. 3. The defendant. has retained Marla eognett.l t.o represent him in the mat.ter. 4. The part.i..s hy and through their coun!!"l agree that. t.he Protect.ion from Ahuse case h.~ gen..,'ally cont.i nlled und t.he Temporary Prot.ective Ord..!' ,'em,dn In effect until further Order aft.er the partie!! final i?e t.he mat.t...r of custody. 5. The plninUff "P<Iu"st.>; thut t.h.. Tempo,'u!'y P,'ot.ection Order !'emain in effect. until morlifi"d or t.erminated hy t.he court aft.er notice or henring. 6. A cort.ifi..d copy of t.h.. Ord"I' fOl' ConUnuanc.. wi Ii h.. dellverpd t.o t.he appropriate police department.... by Ihp at.torney . v_ : IN THE COURT Of COMt10N PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-1396 CIVIL TERM LINDA M. BUffiNGTON, Plaintiff MICHAEL L. BUfFINGTON, Defendant : PROTECtiON fROM ABUSE pETITION TO RE9UEST THE SCIfEDULlNG Of A HEARING OR I" TH~ ALTERNAT,VE fOR A RULE TD SHOW CAUSE WHY lttE PROTECTION ORDER SHOULD NOT BE TERMIN/toTED The Defendllnt, Mlchllel L Buffington, by hIs llHorney, Dllrrell C. Dethlefs, Esquire. moves the Court for the scheduling of II hearing In the llbove-cllptloned llctlon or In the lllternctlve for II Rule to Show Clluse why the Protection Order should not be termlnllted llnd In support thereof lllleges the following: 1. A Temporllry Protection Order WllS Issued by thIs Court on Mllrch 14, 1996, scheduling II hellrlng for Mllrch 20, 1996 lit 8:30 tS.m. 2, The Cumberlllnd County Sheriff's Depllrtment served the Defendllnt with II certifIed copy of the PetitIon for ProtectIon Order on Mllrch 15, 1996, 3. On or llbout March 20, 1996, II Motion for Contlnullnce WllS flied with the Court. 4, On or llbout Mllrch 20, 1996, lln Order WllS entered Indlclltlng that the Temporllry Protection Order shell remaIn In effect for one year or until modifIed or termlncted by the Court. Addltionlllly, the original hellrlng WllS continued Indefinitely, . 5 Following the entry of the Order continuing the mllHer, lhe pllrtles, through their llttorneys, entered Into on agreement whereby It was llgreed thllt If lhe pllrtles entered Into II Sllpullltlon Agreement liS to Custody llnd VIsitation, lhe PFA Petition would be wlthdrllwn, 6, Attllched to this Petition liS Exhibit "A" Is the June 6, 1996 leHer from my office to the Defendllnt's llHorney, 7, Addltlonlllly, llttllched liS Exhibit "B" to this Petition Is the June 14, 1996 correspondence addressIng the PFA Issue, 6, Addltlonlllly, llttached liS ExhibIt "C" to this Petition Is the July 6, 1996 letter from the PlaIntiff's llttorney Indlcotlng thllt the PIlllntlff In thIs llctlon hllS Informed her thllt she Is hcndltng the withdraw of the PF A Petition. 9, On or llbout June 27, 1996, the pllrtles entered Into II Stlpul11tlon Agreement os to Custody llnd VIsitation, A copy of thllt Agreement Is llttllched hereto liS Exhibit "D", 10. On July 25,1996, the Stlpullltlon Agreement liS to Custody llnd VISltlltlon wos filed with the Court wIth II requesllhllt It be reduced to lln Order of Court, A copy of the Petition Is llttllched hereto liS Exhibit "E", 11. To dllte, the PIlllntlff, L1ndll M, Buffington, hllS flltled to wtthdrllw the PFA PetItIon despite mllklng promIses to the contrllry, B. FATI-ER end MOTHER egree on the following terms: 1. FATHER end MOTI-ER &hell et ell times keep the other Informed of the resldentlol eddrese ond telephClle oomber of eold CHILD In hIs/her' custody. end theIr locetlon durIng vllCellon llnd oolldey perl ods If t~y wlll be ewey from theIr normal resIdence fir more thlln IIVln deysln successIon. 2. FATHER a'ld MOTHER &he" heve pIlysl!=Ol cuStody rights liS follows: (0) FATHER ehe" hew custody of the CHILD from 10 ll.m, on FrldoY . . unlll 10 ll.m, on Mondey. (b) MOTHER shell heve custody of the CHILD from 10 o.m. on Mondey until 10 o,m. on Friday, (c) FATHER a'ld MOTHER w111 ellemete custody of the CHILD on mllJor holldll\ls. 5eld holldeys beIng Eoster. Memorlel Dey. Fourth of July. LoborDoy ondThllnksglvlng Dey. Custo~ w111 run from ge.m. to 6 p,m. In the event thet the holldlly fo"s on 0 weekend (Memorlol DoY. Eoster, Fourth ct July, Lebor Doy). custody w1l1then run from Fldllll ot 6 p,m. untll Mondey et 6 . p.m. . (d) , !'lOTHER, shllll'heye II one-weekend per month option for custody. FATHER wi II be ollowed to Il1llke up thIs lime. (e) FATHER end MOTHER olTee to shore Chrlstmos end New Yeers, Schedule A sha" run from December 24 ot 9 un. to December 25 ot 9 o,m, ond December 3! ot 9 e,m. to Ja'luery 1 tit 9 ll.m. Schedule B shell run from December 25 et 9 e,m. to December 26 lit 9 o.m. end Jenuory I ot 9 o,m. to Jllnuary 2 ot 9 o,m, MOTHER w111 hllYe Schedule A In even numbered yeers, . B. FATtER end MOTHER egree on the followIng terms: J. FATHER elld MOTtER llhellat ell times keep thll other Informed of the resldentleleddress and telephone ,.,mbsr of sold CHILD In his/her' custody. and theIr locetlon during vecetlon end holiday periods If t~y will be ewall from theIr normal resldsncs ror more then seven dalls In succession. 2. FATHER aid MOTHER shell hove phllsl~1 cuStody rights es follows: . , . . (a) FATHER ehllll have eustodll of the CHILD from 10 a,m, on Fr1.day ... until 10 a,m. on Mondall. (b) MOTHER ehall have custOdll or the CHILD from 10 a,m, on Monday until 10 e,m, on Frldall. (e) FATHER Md MOTHER w1l1 altsmate custody of the CHILD on major holldalls. Sold holidays beIng Ellster. Memorial Day, Fourth or July, Labor Dell end Thanksgiving Oey. Custoq" will run from 9 a,m. to 6 p,m. In the event that the holldall falls on a weekend (Memorial Doll. Easter, Fourth of July, Labor Doll>. custOdll w11l then run from Fldall at 6 p.m. until Monday at 6 . p.m. '(d) !,,!,OTHER, ~holl'haYe a one-weekend per month option for custOdll. FATHER WI II be ell owed to Inllke up thl s tl me. (e) FATHER and MOTHER a9"ee to share Christmas and New Veers, . Schedule A sholl rill from December 24 lit 9 em. to December 25 at 9 e.m. and December 3t,llt 9 a,m. to JMuary I at 9 a,m. Schedule B shell run from December 25 at 9 a,m. to December 26 at 9 em. and Jenuel1l J at 9 a,m, to Jenuerl.l2 et 9 a,m, MOTHER will hllYe Schedule A In even numbered years.