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the door, shoved her sideways with both his hands pushing her into
II brIck wall. IIn<l grabbed her liS she tried to get away from him.
The plaintirf got inside the post office and called out for help.
The defendllnt left the scene before the Si Iver Spring Township
Pol ice arrived. The pol ice called an ambulance to tllke the
plllintiff to tbe hospital for her injuries. She was tr~ated at
Polyclinic Hospital for bruising about her shoulder, leg. hip, and
knee as II result of this incident.
b) On or llbout Mllrch 11. 1996, the defendant pushed the
plaint i ff, and s lammed the door in her face caus ing her fingers to
be smashed in the door jamb. The plaintiff sustained soreness and
swelling about her fingers as a result of this incident.
c) On or about January 26, 19%, the defendant followed the
plaintiff about the house, yelled at her. blocked the doorway and
told her she could not leave until she agreed to talk to him.
d) On or about January 11, 1996, the defendant restrained the
plaintiff in her bedroom by repeatedly moving in front of her and by
blocking the doorway as she tried to leave the room.
5. On or about March 11. 1996, the plaintiff and the parties' J minor
children left their residence at 24 Cumberland Estates Drive, Mechanicsburg.
Cumberland County, Pennsylvania, in order to avoid further abuse.
6. The plaintiff believes and therefore avers that she is in immediate
and present danger of abuse from the defendant should she return to the home
without the llefendant's exclusion and that she is in need of protection from such
abuse.
7. The plaintiff desires that the defendant be prohibited from h,wing
any direct or indirect contact with the plaintifF indudin!l, hut not limited to,
telephllne and w.-itten c(lmmunications, e.cept for the limited purpose of
facilitatin!l custody armn!lements.
8. The plaintiff de.sires that the defendant be enjoined from harassing
and stlilking the plaint iff or from harassing the minor chi Idren.
q. The plaintiff desires thllt the defendlint he restrained from entering
her place of employment or school or the school or dllY care fad Ii ty of the minor
chi Idren.
10. The plaintiff desires thllt the defendant be enjoined from removing.
damaging, destroying or selling any property owned jointly by the parties or
owned by the plaintiff.
B. EXCLUSIVE l'OSSF.sSION
11. The home from which the plaintiff is asking the Court to e.clude the
defendant is owned in the names of Cynthia M. Huber and William M. Huber.
12. The defendant has fami Iy and friends in the area with whom he can
stay.
LJ. Tho! plaintiff desires possession of the home so as to give the
greatest degree of cont inui ty to the I ives of the chi Idren and to allow the
oldest child to continue her education at her school and to continue her school
and social activit ies.
14. The plaintiff desires the defendant to provide suitable alternate
housing for her and the minor chi Idren.
Q.~_!iUPPORT
IS. The defendant has a duty to support the plaintiff and the minor
chi Idren.
16. The plaint i ff is in need of financial support from the defendant
Including, but not i imit.,d to: heal th insurance coverage, payment of unreimbursed
medical expenses for the plaint i ff find the chi Ielren, anel the mortgage payment on
the residence at 24 Cumherlanel Estates Drive, Mcchanicshurg, Cumherland County,
Pennsylv/lnia.
17. The defendant is employed at the Navy Oepot in Mechanicsburg, and has
an annual salary in excess of $60,000.
18. The plaintiff current Iy has no income to provide for her minimal
needs and those of the chi Idren unt i I such time as a support order can be
obtained by filing at the Domestic Relations Office,
19. The plaint i ff intends to pet it ion for support wi thin two weeks of the
issuance of a protect i ve order.
D. I.OSSP.8 AND ATl'ORNF.Y FEF.8
20. The plaintiff has suffered losses as a result of the abuse by the
defendant. The losses /lre listed on Exhibit A attached.
21. The plaintiff asks that the defendant be ordered to pay reasonable
attorney fees to Legal Services, lnc.
F.. T8lPORARY CUSTODY
22. The plaintiff seeks temporary custody of the following children:
NlUIe Present Residenc~ ~
Abigail M. Huber 19 Fieldstone Drive 7 years old
Mechanicsburg, PA noR: Septembe r 29, 1988
Jessica C. Huber 19 Fieldstone Drive 3 years old
Mechanicsburg, PA noB: September 4. 1992
All ison E. Huber 19 f'ieldstone Drive 3 years old
Mechanicsburg, PA noB: September 4. 1992
24. The plnint i ff hils no knowledge of IIny custody proceellings concerning
these chi Idren pending beFore a court in this or any other jurisdict ion.
25. The p(nintiff does not know of Imy person not a party to this action
who hilS physical cu.stody of the chi Idren or claims to have cllstody or visitat ion
rights with respect to the chi Idren.
26. The hest interests and permanent welfare of the minor children will
he met if custody is temporarily granted to the plaintiff pending a hearing in
this matter for reasons including:
11. The plllintiff is a responsible parent who can best
tllke care of the minor chi Idren and has provided for the
emotionlll IInd physical needs of the children since their
bi rths.
b. The defendant has shown by his abuse of the
plaintiff that he is not an appropriate role model for
the minor chi Idren.
c. The defendant's behavior has adversely affected
the chi Idren.
\\1fEREFORE. pursuant to the provisions of the "Protection from Abuse Act"
of October 7, 1976, 231'.5. 96101 et seu.. as amended, the plaintiff prays this
Honorable Court to grant the following relief:
A. Grant 11 Temporary Order pursuant to the "Protect ion from Abuse
Act:"
I. Ordering the defendllnt to refrain from ahusing the
plaint iff and/or plllclng her in fear of ahuse:
2. Ordering the defendant to refrnin from having any direct
or indirect contact with the plflintiff including. hut not
limited tn. telephnn" IIn<l written communiclltinnH, except to
faei I itate cUHtndy arrangements;
J. Ordering the defendant to refrnin from hnrnsHlng nnd
Htalking the plnintiff and from hllrllssing the minor children;
4. Prnhihi t ing the defendllnt from entering the plnint iff's
place of employment or school or the school or the day care
fnei I i ty of the mi nor chi ldren;
5. prohibi t ing the defendant from removing, damaging,
destroying or sell ing property jointly owned by the pnrties or
owned by the plaintiff;
6. Grant ing possession of the home located at 24 CUmberland
Estates Drive, Mechanicsburg, Cumberland County, Pennsylvania,
to the plaintiff to the exclusion of the defendant pending a
final order in this matter;
7. Ordering the defendant to stay away from any residence
the plaintiff may in the future establish for herself;
8. Ordering the defendant to provide sui table al teroate
housing for the plaintiff and the minor children;
9. Granting temporary custody of the minor children to the
plaintiff;
B. Schedule a hearing in accordance with the provisions of the
"Protect ion 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 and/or placing her in fear of abuse.
2. Ordering the ,kfendunt to rcfrllin from having any direct
or indircct contact with thc plaintiff including, hut not
limitc" to, t"lephonc /lIld written communications, except to
fnci I itatl! cust"dy nrrnngem"nts.
J. OnltHing the clefcnclnnt to refrnil" from harns.sing and
.stlllking the plaintiff nncl from hllrassing the minor chilclren.
4. Proh i bit i ng t h" de fendant from enter i ng the pi a int iff's
plllce of employment or school or the school or the clay care
facility of the minor children.
5. Prohibiting the defenclnnt from removing, damaging,
dest mying or sell ing property joint Iy owned by the part ies or
owned by the plaintiff.
6. Orant ing possession of the home located at 24 Cumberland
Estates Drive, Mechanicsburg, CumberlandCoultty, Pennsylvania,
to the plaintiff to the exclusion of the defendant.
7. Ordering the defenclant to stay away from any rcsidence
the plaintiff may in the future establish for herself.
8. Ordering the defendant to provide suitable alternate
housing for the plaintiff and the minor children.
9. Orant ing support to the plaint i ff ancl the minor chi Iclren
in the a~,unt of $572.00 per week payable to the plaintiff in
the form of a check or money orcler, mai led to her residence,
IInd ordering the cI"fendant to provide heal th coverage to the
plaintiff and the minor children, clirecting the d,dendant to
PIlY all of the lInreimhllrsecl medical expenses of the plaintiff
ancl the minor chi Iclren of the defendant to the provider or to
the plaint i rr when she hH.'! pHid for the medical treatment and
directing the defendant tn milke or cont inue to make mortgage
pHyments on the residence of the plaintiff.
10. Ordering the defendant to reimhurse the plaint iff's out-
of-pocket I OS"". suffered as a result of the abuse including
hut not limited to the Inlises listed on the attached sheet
marked f.xhihit A.
II. 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 fu."ther order at the
hearing, and that certified copies of this Petition and Order be delivered to the
Si Iver Spring Township ancl North Middleton Township Pol ice Department which have
jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and proper.
roM II
CUSTODY lJNDF.R PF1lNSYl,VAJliJA CUSTODY LAW
27. The allegat ions of Count I above arc incorporated here in as if fully
set forth.
28. The best interest and permanent welfare of the minor children will
be served by confirming custody in the plaintiff as set forth in Paragraph 26 of
the Petition.
W1WREFORE, pursuant to 23 P.S. ~ 5301 et seq., and other applicable rules
and law, the plaint i ff prays this Honorahle ('ourt to award custody of the minor
5. Respondent is prohibited from stalking Petitioners as
that term is defined in the crimes Code, 18 Pa. C.S. S 2709.
,. pe..i. ai~..al' iA a~'ara4d tGmpOrSl J' p.L lu,,:,~ Y t'l.yskal i..M
184a1 vu.::ttoay ot t.ht:! iJCu. Li6,s. minot ....hlld.tt:ul. ALrlYQ11 J1~b.r (90a.:
9/U,S8, ".."siC4 nUDer (uOfl; !I/4/'2), 6.hd Alli"vlI Huber (ElGS:
'T'f4f'U.I.
7. Respondent is directed to relinquish any handguns,
shotguns, rifles, or other firearms she may own or possess, and any
current gun permits she may have, to the Cumberland County Sheriff
immediately upon being served herewith. Respondent shall not
possass any such weapons during the pendency of this order.
ih .a.ha Fl:8t!B9Rs'tary, th6 311'l:u.lll, alia lo""~' An~are~u,ght
agAnl"".iea.- ~8 dir.:a,.....Qn t-.n 2o("capt, file aud .!...tVII:: ,""v1-'lg~ (Lf t.Riil
ietit.J:oft dud O.de::r Wil:.nOUL prepayment or l:V.o;lltls~
9. A certified copy of this order shall be served on the
Mechanicsburg police Department if that department is within the
appropriate jurisdiction for Petitioners' residence and/or school
or place of employment, or on the cumberland county Sheriff if
within Cumberland County but outside the Borough of Mechanicsburg.
If the police come into contact with Respondent, and if Respondent
alleges that she has not been served with this order, the police
officer immediately shall serve the Order upon her.
10. This order shall be enforced by any law enforcement
agency in any county where a violation occurs. As provided in 23
Pa. C.S.A. S 6113 (a) of the Act, "(a]n arrest for violation of an
order issued pursuant to this act may be without warrant upon
probable cause whether or not the violation is committed in the
presence of the police officer".
11. A violation of this order may subject the Defendant to:
a) arrest under 23 Pa.C.S.A. S 6113; b) a private criminal
complaint under 23 Pa.C.S.A. S 6113.1; c) a charge of indirect
criminal contempt under 23 Pa.C.S.A. S 6114, punishable by
imprisonment up to six (6) months and a fine of $100 to $1,000; and
d) civil contempt under 23 Pa.C.S.A. S 6114.1. Resumption of co-
residence on the part")f the plaintiff and Defendant shall not
nullify ~~c provLsions o~ the court order.
12. This order shall remain in effect until modified or
terminated by the court 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.
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3. Respondent Cynthia M. Huber is an adult individual
currently residing at the home of Jeff and Ann Dart, 19 Fieldstone
Drive, Mechanicsburg, Cumberland county, Pennsylvania. Also
residing there are the Dart children, Brandon (10 years old) and
Morgan (5 years old), and the minor petitioners.
4. The relationship between Petitioner and Respondent is
that of husband and wife (DOM: 12/14/87).
5. Petitioner and Respondent are the ,natural parents of the
minor petitioners.
6. Petitioner is employed as a contract specialist with NAV
ICP earning a~proximately $57,000 per year.
7. Respondent is a "realtor trainee" with Jack Gaughen
Realtor earning no salary at present.
8. Respondent has engaged in abusive conduct toward Petition-
er and the minor petitioners as such conduct is defined in the Act.
Examples of the abusive conduct include:
a. on March 12, 1996, Respondent grabbed petitioner by
placing both hands around Petitioner's throat;
b. on March 12, 1996, Respondent attempted forcibly to
remove from Petitioner keys to a van titled in both parties' names;
c. on March 12, 1996, Respondent, in a frantic effort to
arrive at the Mechanicsburg Post Office prior to Petitioner,
slammed the post office door on Petitioner's leg, causing injury
severe enough to warrant medical attention;
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d. in or around January 1995, Respondent threatened to kill
Petitioner, following which she received treatment for psychiatric
problems;
e. on numerous occasions within the past several years,
Respondent has beaten on Petitioner's chest with her fists;
f. on numerous occasions within the past several years,
Respondent has grabbed the children in a fit of angar;
g. on numerous occasions within the past several years,
Respondent has abused the minor petitioners as that term is defined
in the Child Protective Services Law, codified at 23 Pa. C.S.A.
S S 6301-6385 (Purdon Supp. 1996);
h. Respondent's emotional volatility has placed the
Petitioners in reasonable fear of bodily injury.
9. As a consequence of the above, Petitioner is afraid of
Respondent and believes that he and the minor children are in
immediate and present danger of further abuse and harassment from
Respondent. Petitioners are in need of, entitled to, and desire
protection from such abuse.
10. Petitioner has the following information concerning other
litigation regarding the custody of the parties' minor child in
this or another court:
a. on March 18, 1996, Respondent filed a PFA proceeding
against Petitioner, captioned as follows: Cynthia M. Huber v.
William M. Huber, No. 96-1481, In that petition, Respondent
requested temporary custody of the children, which the court, per
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the Honorable J. Wesley Oler, Jr., granted in a Temporary Protec-
tion Order. A true and correct copy of the temporary order is
attached as Exhibit "A".
b. concurrently with the filing of this petition, Petitioner
if filing a claim for custody in the divorce action which Respon-
dent initiated and a counterclaim for divorce on the grounds of
indignities. The divorce action is docketed as follows: Cynthia
M. Huber v. William M. Huber, No. 96-1140.
11. Petitioner has been the children's primary caretaker
since birth and avers that it is in the children's best interests
and permanent welfare that he be granted custody of the minor
petitioners. Petitioner incorporates by reference the averments
set forth in his claim for custody, a true and correct copy of
which is attached as Exhibit "B".
WHEREFORE, Petitioners respectfully request that this Court
A. immediately enter a temporary order pursuant to section
5(b) of the Act, 35 P.S. S 6107(b):
1. directing Respondent to refrain from abusing,
harassing, or threatening Petitioners physically or verbally,
wherever they may be;
2. awarding exclusive possession and control of the
marital residence to Petitioner and excluding Respondent from
any residence which he or the children may occupy while this
order remains in effect;
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3, prohibiting Respondent from contacting Petitioner
directly, including entering or telephoning the marital
residence or his place of employment;
4. prohibiting Respondent from stalking Petitioners as
that term is defined in the Crimes Code, 18 Pa. C.S. S 2709;
5. directing Respondent to refrain from all harassing
communication with petitioner or his relatives;
6. awarding custody of the parties' minor children to
Petitioner; and
B. after hearing, and pursuant to section 1 of the Act, 23
Pa. C.S. S 6108, enter a final protection order continuing the
relief set forth above, for a period of one (1) year, and further
requiring that Respondent:
1. pursuant to section 5(d) of the Act, 23 Pa. C.S.A.
S 6107(d), pay all taxable costs of this action;
2. pay reasonable attorney's fees and costs;
3, peacefully retrieve any clothing and personal
possessions from the marital residence with the aid of a local
law enforcement officer, with compensation to be paid by
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Respondent.
Date:
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heresa Barrett Male, Esqu re
supreme Court # 46439
10 South Market Sq. - Suite 500
Harrisburg, Pennsylvania 17101
(717) 23:1-3220
Attorney For Petitioners
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CYNTHIA M. HUBER,
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Plaintiff
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IN nre aJURT 01' (XJN<<lN PLEAS ,,or
~ alWrY, Pr:NH:iYLVAHIA
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WIllIAM M. rnmER,
1<<>. 96- I~'?{
CIVIL T'ERM
Defendant
PROI'EC'I'ION FRC>>f ABUSE AND CUSTODY
1'PJIIU':rARy ~ln~rI<>>I ORI.JPR
AND HOW, thb
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day of March, 1996, upon presentation and
COrJlIidcration of the within Petition, and upon findinx that the plaintiff,
Cynthia N. IfUber, now residing at 19 Fieldstone Drive, Nechanlcsburs, Cuabcrland
County, Pennsylvania, III in I_ediate and present danpr of abuse frOllll the
def.ndant, "11 lig M. Huber, the followln. Teaparuy Order ia entered.
The defendant, Willi.. M. Huber, (SSN: 189-44-897S)(DOD: 8/10/61), is an
adult individual resldloC at 24 OIlIlberiand Estates Drive, Mechanic3burc,
CUaberJand County, Pennsylvania, is hereby enjoined frOll physlca\1,. abusing the
plaintier, Cynthia N. Huber, or placing her In fear of abuse,
ThA defendant 113 gA~lll. 1I fr~ tha ...pita1 .....qld.n,.... In,-.atM at 24
.....1~~~at-es-.-I)five. Ncc;haa.iG.$b......a. ~~.l"lClud ~.L~, ~...QJ'l'W~\ia. a
r.."J,I~c. whiell ie joinHy "-..~d ~y *118 ,.rtiae, f..... ..btclll:1le platntu, lInd the
.*1 ehiJ4IsCA -...~d tu. ..In:: plaInt.r! ~ ""II ~Avt,...tion GI.d 1", ..uld' further
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The defandant is ordered to lIta)' away frOll any naldence the plaintiff l14y
In the future establish for herself, except for the lialted pur5Xl8e of
transferrins custody of the part ies' children.
The defendant is ordered to refrain froe having any direct or Indirect
contact with the plaintiff including. but not li.ited to, telephone and written
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PLAINTIFF'S
EXHIBIT
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co...unlcat lon$, except to, the t I.lIi ted purpoll.. of tacll Hat log custodT
Brrangelllt1nts.
The defend4nt is enjoined frOll IlatlLllsing and stalking the plaintiff and
fTOR haraBsing the ainor children.
The defendant is enjoined fro. entering the plaintiff's place of elIploY8Cnt
or school or the school of Abigail N. Huber or the day CAre facility of the sinor
children.
The defendant is enjoillt!d frOll ruovina. dallasing, destroying or sellini
any property owned Joint ly by the parties or llIItled by the plaint iff.
A yiolation ot this Order -:r IlUbJect tbe defandllnt to: 1) anut lInder 23
fa.C.s. 16113/ ii) a priyate cri.inal co.plaint under 23 Pa.C.s. 16113.1; iii)
· charse al indirect cri.iul contf:llpt under 23 fa.C.S. 16114. punishable by
!.prillClNll!nt up to six _tbs and a lioe of $iOO.OG-$l,OOO.OO; ud i9') cidl
contupt under 23 fa.C.S. 16114.1. aau.pUon of co-reaidenat on tbe pert 01 the
plaintiff and defendant shall not DlIIUty the proYllliClll8 of tbe court order.
'nIis Order shal I rellllin In etrect until ..sitied or t,,"loated by the Court
and can be extended beyond its ori.lnal upiraUon date it the Court finds that
the defendant has c:o..itted &lII act 01 dbu3e or \lu engaged in a pattern or
practice that indicatBs risk of bar. to the plaintifr.
Temporary CU3tody of Abiaall M. Hllber, Jessica C. Huber, and Allison E.
Huber, is hereby awarded to the plaintiff, C)nthia M. Huber.
A hearing shalJ be held ClIl thill _tter on tbe .iJ7 ~ dlQ- 01 March, 1996.
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at J 3<> f..., In Court~ Ho.L, CIIlIberland County OlIarthouae, Carlisle,
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The plaint i ff MY proceed ..i thout pre-paYlleflt of fees pendi"8 a further
order after the hearing.
The relationship of Plaintiff to the children is that of
mother. The Plaintiff currently resides with the following
persons: Jeff and Ann Dart, their two children, Brandon (age 10)
and Morgan (age 5), and the subject children.
The relationship of Defendant to the children is that of
father. The Defendant currently resides alone.
13. Defendant has been named as a party in litigation
concerning the custody of the children in this court as follows:
Plaintiff raised a claim for custody in her Petition for Protection
from Abuse docketed to No. 96-1481 civil Term. The court has
granted Plaintiff temporary custody pursuant to a temporary
protection order.
Concurrently with filing this custody complaint, Defendant is
filing a petition for protection from abuse against Plaintiff. In
that petition, Defendant seeks custody of the children.
There are no other individuals with a right to custody other
than Plaintiff and Defendant.
14. The best interest and permanent welfare of the children
will be served by granting the relief requested because:
a. Defendant is the primary caretaker;
b. Plaintiff frequently leaves the children and
Defendant without notice and without any means of Defendant's
contacting her;
c. Plaintiff verbally abuses Defendant in front of the
children;
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from abuse. A true and correct copy of the order is attached as
Exhibit "A".
4. The record will confirm that respondent was to have
access to the marital residence only during her periods of custody
and when she provided ~are for the children when petitioner was at
work.
5. Since entry of the order, respondent has violated the
court's order by unilaterally making decisions about the children
without regard for petitioner's legal custody rights.
6. Since entry of the order, respondent has violated the
court's order by attempting to coerce the parties' eldest child,
Abby, into fabricating a fear of petitioner; by telling Abby that
she is not allowed to talk with her father; and by denigrating
petitioner in the presence of the children.
7. Since entry of the order, respondent has violated the
court's order by:
a. entering the marital residence during petitioner's
custody periods and refusing to leave;
b. turning the thermostat to 55 degrees and then opening all
of the windows in the house;
c. turning on all of the lights in the house, including
lights in the closets, and leaving them on;
d. removing food which petitioner purchases for himself and
the children;
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e. removing from petitioner's car groceries which respond-
ent's mother purchased for petitioner and the children;
t. damaging marital property by tearing wallpaper off of the
walls in the marital residence;
g. selling the children's jungle gym and certain articles of
children's clothing;
h. removing from the marital residence a television set;
good dishes; crystal; a tent; bicycles; and wall hangings.
i. took petitioner's CD player and allot his CD's;
respondent initially told petitioner she had sold these items, but
later offered to "sell them back" to petitioner.
8. On September 14, 1996, respondent contacted the police
because she entered the marital residence during petitioner's week
of custody and was not invited to his family's picnic.
9. Despite her counsel's advice to the contrary, respondent
has engaged in a protracted guerilla warfare campaign which has
been escalating steadily throughout the summer months.
10. The children and petitioner have bean and continue to be
affected adversely by respondent's conduct.
WHEREFORE, petitioner requests the court set a hearing
pursuant to paragraph 6 of the March 27, 1996 order and thereafter
enter an order finding respondent in contempt; setting appropriate
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by mother docketed in this court at 94-1460. Mother has filed a
complaint for custody under the Protection From Abuse caption.
4, During fathel"s weeks of custody, mother
shall provide care and custody for the children when they are
not in school, provided father is at work. During mother's
weeks of custody, father shall have custody of all three
children from Wednesday at 5:30 p.m. to Thursday morning, at
which time father shall take the children to school and/or
return them to mother, as the case may be.
5. The parties have reached this temporary order
without admitting any of the allegations set forth in the
respective petitions filed in this matter.
6. If the parties experience any difficulty with
the custody schedule set forth in this order, either party may
petition the court for a hearing on the matter.
7. The parties will not remove or sell or damage
any of the marital property or personal property without a
written agreement or through counsel.
By the court,
~CAREY, ESQUIRE
For Cynthia M. Huber
THERESA BARRETT MALE, ESQUIRE
For William M. Huber
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There.a Barrett Hale
Supreme Court 146439
115 Pine Street
Harrl.burq. PA 17101
(717) 233-J220
Attorney For Petitioners
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM M. HUBER,
for himself and on behalf of
Abigail Huber, Jessica Huber
and Allison Huber,
Fetitioners
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v.
NO. 96-1481 Civil Term
CYNTHIA M. HUBER,
Respondent
PROTECTION FROM ABUSE
MOTION FOR HEARING ON PROTECTION ORDER
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CYNTHIA M. HUBER,
Plaintift
l- IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
C~VIL ACTION - LAW
v.
WILLIAM M. HUBER,
Detendant
96-1481 CIVIL TERM
,
-----------------------------
WILLIAM M. HUBER, tor him..lt:
and on behalt ot
ABIGAIL HUBER,
JESSICA HUBER, and
ALLISON HUBER,
Petitioners
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
CYNTHIA M. HUBER,
Respondent
96-1481 CIVIL TERM
ORDER OF COURT
AND NOW, this 27th day ot March, 1996, upon
consideration ot the petitions tiled herein under the Protection
From Abuse Act, and pursuant to an agreement reached in open
court in the presence ot the parties and their counsel, it is
ORDERED and DIRECTED as follows:
1. The parties shall share legal custody of
their children: Abigail Huber (date of birth, 9/29/88), Jessica
Huber (date ot birth, 9/4/92), and Allison Huber (date of birth,
9/4/92).
2. The parties shall share physical custody as
follows: Starting Wednesday, March 27, 1996, at 5:15 p.m.,
tather shall have custody until Friday, April 5, 1996, at 5:30
p.m. Beginning Friday, April 5, 1996, at 5:30 p.m., mother
shall have custody for one week with the parties alternating
each Friday from week to week thereafter until further order of
the custody court.
3. with respect to the custody matter, father
has filed a claim for custody in the divorce proceeding initated
.
by mother docketed in this court at 94-1460. Mother has filed a
complaint for custody under the Protection From Abuse caption.
4. During father's weeks of custody, mother
shall provide care and custody for the children when they are
not in school, provided father is at work. During mother's
weeks of custody, father shall have custody of all three
children from Wednesday at 5:30 p.m. to Thursday morning, at
which time father shall take the children to school and/or
return them to mother, as the case may be.
5. The parties have reached this temporary order
without admitting any of the allegations set forth in the
respective petitions filed in this matter.
6. If the parties experience any difficulty with
the custody schedule set forth in this order, either party may
petition the court for a hearing on the matter.
7. The parties will not remove or sell or damage
any of the marital property or personal property without a
written agreement or through counsel.
By the
JOAN CAREY, ESQUIRE
For Cynthia M. Huber
THERESA BARRETT MALE, ESQUIRE
For William M. Huber
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4. Because Legal services, which was at that time counsel of
record for Respondent ("Cynthia Huber") refused to accept service,
Petitioners served Cynthia Huber personally on Saturday, September
28, 1996. See the return of service filed of record, a true and
correct copy of which is attached as Exhibit "B".
5. On Monday, September 30, 1996, just two days after she
was served notice of the hearing, Cynthia Huber brought the minor
petitioners, Abigail Huber (age 8) and Allison and Jessica Huber
(age 4) to Cumberland County Children and Youth Services, alleging
that Petitioner was dressing and behaving in a sexually provocative
manner toward his daughters.
6. Based on the sexual nature of the complaint, the agency
intake caseworker Julie Stone recommended that hoth parents remain
at the house with the children pending the outcome of her investi-
gation.
7. The October 3, 1996 hearing therefore was continued.
8. On Thursday, October 10, 1996, Ms. Stone confirmed there
was no justification to the sexual allegations and that her agency
closed the file as an "invalid referral." Ms. Stone also withdrew
her recommendation that Cynthia Huber remain in the house.
9. The Protection frcm Abuse Act defines abuse in relevant
part as abuse under the Child Protective Services Law.
10. The Child Protective Services Law defines "child abuse"
in part as "[a]n act or failure to act by a perpetrator which
2
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causes nonaccidental mental injury to ... a child under 18 years of
age." 23 Pa.C.S.A. S 6303 (1) (H) (Purdon Supp. 1996).
ll. Respondent cynthia Huber has engaged in such abusive
conduct toward the minor petitioners as follows:
a. just two days after being served with notice of a hearing
before this Honorable court, Cynthia Huber concocted an allegation
that Petitioner was engaging in sexually provocative actions and
dress in the presence of his daughters;
b. she had no reasonable belief in these charges;
c. on October 8, 1996, Cynthia Huber screamed at Abby Huber,
who is 8 years old, to call the police;
d. Abby burst into tears and ran into her room crying "No
Mommy, no Mommy";
e. when Petitioner entered Abby's room to console her,
Cynthia Huber yelled at Abby: "Don't you dare let that man console
you after what he's done to me and you."
f. Cynthia Huber then called the police to the house,
subjecting the children to further emotional upset;
g. since entry of the protection order, Cynthia Huber has:
(1) ordered Abby on numerous occasions not to talk with
Petitioner: "don't you dare talk to your father";
(2) coerced Abby into telling her father that she was
afraid of him;
(3) wounded Abby by telling the child that Petitioner
soon will have a new family that does not include her;
3
(4) harangued one of the twins who was looking for her
baby doll: "your irresponsible father must have lost it";
(5) during Petitioner's week of custody under the current
protection order, "crashed" Abby's birthday party after the child
asked her not to come and then called the police to the party. See
also Motion For Hearing at , 8.
12. By defining abuse more broadly in the Act than in the
CPSL, the legislature intended to afford child victims of abuse the
remedy of excluding the perpetrator from the child's home. Miller
v. Walker, ___ Pa. Super. ___, 665 A.2d 1252 (1995). See also
, lB, infra.
13. Cynthia Huber has abused Petitioner as defined under the
Act, specifically section 6102 (a) (3) and (5) as follows:
a. when the prior protection order was entered, Cynthia
Huber was entitled to enter the 24 Cumberland Estates Drive
property to care for the children when Petitioner was at work
during the day;
b. for the past eight weeks, she steadfastly has refused to
leave the property and instead has engaged in a campaign of
domination and threat which has escalated throughout this period;
c. she follows Petitioner constantly, including entering his
bathroom when he is defecating, to intimidate him and place him in
fear of bodily injury;
4
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d. she follows Petitioner constantly, including entering his
bathroom when he is defecating, which substantially interferes with
his liberty;
e. she has blocked his car, thereby preventing Petitioner
from leaving the property, which substantially interferes with his
liberty;
f. she has entered Petitioner's bedroom when he is dressing
and when he is sleeping, which substantially interferes with his
liberty;
g. out of fear for his safety, Petitioner now barricades his
bedroom during the night to prevent her from entering the room;
h. after instigating an altercation on October 8, 1996,
during which she grabbed an ironing board from Petitioner, cutting
his finger, she summoned the police to the residence for the second
time in three weeks.
14. "The remedies provided by the Protection from Abuse Act
allow the removal of the abusing family member from the household
so that additional injury to the victim does not occur. Obviously,
the intent is to allow persons to reside peaceably and without fear
of injury within their own families and residences." Sse Miller,
supra (emphasis added).
15. None of the petitioners can reside peaceably and without
fear of injury while Cynthia Huber has access to the property.
5
"
16. Cynthia Huber's efforts to avoid the October 3, 1996
hearing on her contempt of the extant Protection Order evidences
her disdain for the court's lawful process.
17. Cynthia Huber's fabrication of sexual abuse charges
against Petitioner after being served notice of the October 3
hearing attests to her desperation and confirms Petitioner's fear
of further reprisal by her.
18. On Thursday, October 10, 1996, Chief of Police Toomey
informed Petitioners' counsel that he has grave concerns about the
volatility of this situation.
19. On Thursday, October 10, 1996, Chief of Police Toomey
urged Petitioners to secure an order barring Cynthia Huber entirely
from the marital residence.
WHEREFORE, Petitioners respectfully request this Court to
enter an Amended Protection Order pursuant to 23 Pa.C.S.A. S 6108
(d) barring Cynthia Huber from 24 Cumberland Estates Drive,
Mechanicsburg, Cumberland County, Pennsylvania and excluding her
from the property pending further order of court.
Respectfully submitted,
/
.~
'rheresa Barrett
Supreme Court I
115 Pine Street
Harrisburg, Pennsylvania 17101
(717) 233-3220
Attorney For Petitioners
Date: 10/11/96
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Theresa Barrett Hale
Supreme court 146439
115 Pine Street
Harrl.burq, PA 17101
(717) 233-3220
Attorney For Petitioners
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM M. HUBER,
for himself and on behalf of
Abigail Huber, Jessica Huber
and Allison Huber,
Petitioners
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PROTECTION FROM ABUSE :.: :;.j
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CYNTHIA M. HUBER,
Respondent
:
MOTION FOR HEARING ON PROTECTION ORDER
Petitioner William A. Huber, by his attorney, Theresa Barrett
Male, moves the court to set a hearing date pursuant to the order
in this matter on the following grounds:
1. Petitioner William M. Huber and the minor petitioners
Abigail Huber (DOB: 9/29/88), Jessica Huber (DOB: 9/4/92) and
Allison Huber (DOB: 9/4/92) all reside at the marital residence
located at 24 Cumberland Estates, Mechanicsburg, Cumberland County,
Pennsylvania.
2. Respondent Cynthia M. Huber currently resides at 19
Fieldstone Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. This court entered an order by agreement of the parties
on March 27, 1996 disposing of competing petitions for protection
from abuse. A true and correct copy of the order i~ attached as
Exhioit "A".
4. The record will confirm that respondent was to have
access to the marital residence only during her periods of custody
and when she provided care for the children when petitioner was at
work.
5. Since entry of the order, respondent has violated the
court's order by unilaterally making decisions about the children
without regard for petitioner's legal custody rights.
6. Since entry of the order, respondent has violated the
court's order by attempting to coerce the parties' eldest child,
Abby, into fabricating a fear of petitioner; by telling Abby that
she is not allowed to talk with her father; and by denigrating
petitioner in the presence of the children.
7. Since entry of the order, respondent has violated the
court's order by:
a. entering the marital residence during petitioner's
custody periods and refusing to leave;
b. turning the thermostat to 55 degrees and then opening all
of the windows in the house;
c. turning on all of the lights in the house, including
lights in the closets, and leaving them on;
d. removing food which petitioner purchases for himself and
the children;
2
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e. removing from petitioner's car g~oceries which respond-
ent's mother purchased for petitioner and the cnild~en;
f. damaging marital property by tearing wallpaper off of the
walls in ttle marital residence;
g. selling the children's jungle gym and certain articles of
children's clothing;
h. removing from the marital residence a television set;
good dishes; crystal; a tent; bicycles; and wall hangings.
i. took petitioner's CD player and all of his CD'S;
respondent initially told petitioner she had sold these items, but
later offered to "sell them back" to petitioner.
8. On September 14, 1996, respondent contacted the pOlice
because she entered the marital residence during petitioner's week
of custody and was not invited to his family's picnic.
9. Despite her counsel's advice to the contrary, respondent
has engaged in a protracted guerilla warfare campaign which has
been escalating .steadily throughout the summer months.
10. The children and petitioner have been and continue to be
affected adversely by respondent's conduct.
WHEREFORE, petitioner requests the court set a hearing
pursuant to paragraph 6 of the March 27, 1996 order and thereafter
enter an order finding respondent in contempt; setting appropriate
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Theresa Barrett Hale
Supreme Court 146439
115 Pine Street
Harrl.burq, PA 17101
(717) 233-3220
Attorney For Petltloners
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM M. HUBER,
for himself and on behalf of
Abigail Huber, Jessica Huber
and Allison Huber,
Petitioners
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NO. 96-1481 Civil Term
CYNTHIA M. HUBER,
Respondent
PROTECTION FROM ABUSE:.
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MOTION FOR HEARING ON PROTECTION ORDER
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CYNTHIA M, HUBER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-1481 CIVIL
WILLIAM M. HUBER,
Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a hearing on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113.
6. The plaintiff and the defendant seek modification of
the Order based on the filing of this petition as the Court deems
appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. 56117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt,
Res~~~t~U~lY iubmitted,
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Mich'eel S. (Sc woyer
Chief Deputy District Attorney
CRIMINAL COMPLAINT
IPRIVATfl
aUll (f, ~ PlEAS Cf
Cl.H3fRl.AA[) CXlMY
INDIRECT CRIMINAl CONTEMPT
A 59317
INtTDEii'fNiJM1IET~O:
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COMMONWEALTH OF PENNSYLVANIA
DI.fENDANI VS.
~.lJIIIIVI )1
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NAME .
(vn~\\"~_ti.LI-.lu.kC____._____. AAND[[lll'[""~ J4- (LI" ,be," IO'ld I:-<,;t,"t'~
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of >r t'CI E:~/lt-., PI' ___.ll1CLIt.-:..__ ,11ft: ~ 1(" lI(dlLU J) {' A
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do hereby stale, SS #: I <65,{ .~ 4 7 .'l, I
(I) III I accuse the ahuve named defendanl. who lives al Ihe ad,lress sel forth abuve or.
o J accuse an individual whuse name is unknuwn 10 me hUI who is des~ribed as
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o his nickname or pupular designation is unknown to me and. Iherefore. 1 have designaled him herein as Juhn
Doe, with violaling the penal laws uf Ihe Cummonweallh of Pennsylvania al Ie., ,c\e (l(E'.
fPllJn..j\,lllIllll,\.'lhtJimlllll}
in Ll nLI~.l' IClnd County on or about
Participants were (ifrht'" ,,:t'1't' ptJfllfi/~m/J, pltJl't ,hrlf numt'\ ht'fr'. n'pt'lJti"Jl,ltl' naUl,' o(d/lllt'~ IM-""Jilnr),
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(2) The acls commilled hy Ihe accused were, (3) DID VIQATE A PROTECTION FRCM JlBUSE CROOlllATED:
AT OCO<ET NlMlER: '1(" - 14- 81
IN lWIT H OEFENlW'IT 010 l11E FQUll1NG IlCTS IN
VIQATION Cf H CROER: t\L\<;uar1Cl ph'I" (c, I lei Hl((,cl.kn"'c{ nllcl Lt..),fh sh-(ll"\rc.(
i~ ~,~h Qn "V''''"'lj 00001'.1 1'1 11'\'( bcc(",,-,,'n l'iDIcII"J i~,,"- C1~t"o") In'1
\,\J,ll. fk push:'!:f and ..,h,,~l Ctl/c.\ ""ecl tL> f)tttl th~ bCl>:dd nu.x,~( m.""
t"tl~, Tasll"d r(\'(c/CilolC/hkr AbYlll(gyrs old) Ib u,11 th<< pulice, ")he..
waS tz, oFra,d. J:S,;;t Qw.)('LI c..,e{ (",l/e'cl efll 'i,/ver 'pr,rk I cfl';'\"'1
8C1(('ie.""c:\ c,fl1le' S"''1d..r r<"JF"..,...,decl, l'\<.\::QA \'1"....., tb "dU......\-C,.'~\l.J I fq\!(" ,
all of w~ch were against Ihe peace and dignity uf Ihe Commonwealth of Pennsylvan,a and contrary to the A~I of Assembly,
OT in violation of and uf Ihe Act uf
(SC'flion) (S,lh. .\t't'tion)
or the Ordinance of
;f'oliliwl SUh-'/II'OI"")
(3) I ask that a warrant uf arrest or a summons be issued and that the a~cused be required to answer the charges
I have made,
(4)
1 verify Ihal Ihe facls sel furth in Ihis complaint are true and correct to the hest uf my knowledge or ,"formation
and belief. This verifi~aliun is made subje~t to Ihe penallies of Section 4~1)4 of Ihe Crimes Code (1M I'a. C S.
~ 4904) relaling 10 unsworn falsiflcalion to authoriues.
nCh.lber
9
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1d/ck'~.~,,:'!.;~~~--_.-
AND NOW, U/1 Ihis date ____ ' I') .__..' I certify Ihe ~"lIIplail1l has he~n properly ~omplcted and
verified. and that the,,: is pmhahlc caus~ fnr isslIanL:t: (11' pr'lccss.
f\f'H'III,-fl,II/lI\/fll(1
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WILLIAM M, UlmER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND l'OUNTY. PENNSYLVANIA
v.
: NO. 96-1-181
CYNTHIA M, HUBER,
Ddendant
: CIVIL ACTION - LA W
: IN PROTECTION FROM ABUSE
PRAECIPE FOR WITlIDRA W AL/ENTRY OF APPEARANCE
TO TIlE PROTHONOT AR Y:
Kindly wilhdraw my appearance on behalf of Cynthia M. Huber. the Delendant in the above.
captioned matter.
Dated: January 13, 1997
Maria P. Co nelli. Es Ire
Sup. Ct. I,D, #2791-1
200 North Third Street
Twelfth Floor
P.O. Box 689
Harrisburg, P A 17108-0689
(717) 232-2103
Kindly enter my appearance on behalf of Cynlhia M. l'luber. the Defendant in the
above-captioned mailer.
Dated: January d; 1997
I
Marilyn C. Zilli.....Es<ju e
Sup. Ct.I.D. #-1.2li..l.t-
200 North Third Street
Eighth Floor
Harrisburg. PAl 71 0 1
(717) 232-7722
L
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CYNTHIA M. HUBER,
plaintiff/Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-1481 CIVIL
WILLIAM M. HUBER,
Defendant/Plaintiff
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this ~ day of February, 1997, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, the defendant, CYNTHIA M. HUBER, is directed to appear
for trial on the charge of Indirect Criminal Contempt before the
Court on the 11/:thday of Fel:JruQJu. , 1997 at /'.;30 o'clock
(J
~ .m. in Courtroom . ~ of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney,
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
J.
J.
John A. Abom, Esquire
Assistant District Attorney
CYNTHIA M. HUBER
~... (......~(L;l .;l J sf 'I 'I .
~~ t
CYNTHIA M. HUBER,
Plaintiff/Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96-1481 CIVIL
WILLIAM M. HUBER,
Defendant/Plaintiff
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONT~
John A. Abom, Assistant District Attorney of Cumberland
County, pennsylvania brings the following Petition for a hearing
on charges of Indirect Criminal Contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a hearing on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C,S,A. S6113.
6. The plaintiff and the defendant seek modification of
the Order based on the fil~ng of this petition as the Court deems
appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. S6117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Respec~fully submit~ed,
c_......~.. .L~.-4.7/ /... .
, 0 <:. ,.~. '_,_ '- ___...
.T n A. A om
/~ssistant District Attorney
CRIMINAL COMPLAINT (POLICE)
I It.. 6t-~n D4~T~I~;;~;;::m ....
I MAGISTERIAL DISTRICT NO. 0 <j -}- 6 4
5002 '9i:lkpr 0::..
INCillfNT NUMBER utRNO,
96126063
~ 17cft..? ~~~E r CYNTHIA M. HUBER
Ptlmn. Brian W. Kluck ""4"C rob'
(N"",.,,(.j{(i",,1) . ...---.--...- ADDRESS (/0 ; U erland Estates Dr.
.Mechanicsburg, PA 17055
,W/F/36, 11/27/60
SS' 188-54-7371
MPI.AlNT NUMSl!R
VEAR
T'tPE----,;jUM
Compldlnt Numbe,. If Other Parlicipants
orn
I.
of
Silver Spring Twp. Polic~_~~____
(IJr,IIJ{J dtptJ"mtnl '''~r'1fl"\' N/Jfrlt'flfl'd .,nd 1'0/1/(1 ,~IIII""IlIHf!"-'
RSA
AKA
do hereby slate:
(I) [jjj I accuse the above namod Jofond.lllt. whu livos at tho addro,s set funh abovo or.
o I accuse an individual whoso name is unknown to me but who is described as
j
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~
o his nickname or popular designation is unknown to me and, therefore, 1 have designated him herein as John
Doe; with violating the penal laws of the Commonwealth of Pennsylvania at Silver Spring Twp. at
24 CUlIlberland Estates Dr. (P(",../II("i,'"'S"bJi,o;""j
in Cumberland County on or about 12/07 /96 approx 0042hrs.
Participants were (ifl"~ w". participants, plutt Ih,ir nunru h'ft, "INulin, ,h, na,"~ of abm'f J<!tnJanl):
(2)
The acts eommitted by the accused were: 0 INDIRECT CRIMINAL CONTEMPT (PFA)
The Def. did violate an order issued under the Protection from Abuse Act,
1618 Civil by the Honorable Judge J. Wesley Oler, Jr., Cumberland County,
dated 12/04/96 in which the def. was prohibited from coming onto the property
at 24 Cumberland Estates Dr. from Friday, December 6, 1996 at 05:30 p.m.
through Friday, December 13, 1996 at 05:30 p.m.. The Violation occured on the
above date and time when the def. did enter onto the property and into the
residence at 24 Cumberland Estates Dr. within Silver Spring Twp..
ORDER' 96 !~6~ Civil Term
. Ilfel
all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly,
or in violation of _"""",,_'!"~r;' and '""""'~'F''''l!!'!1Tr'.1!~'~~ of the Act ofRCFlfr>';1618^"'"PF1!'A~li(.~
(Stet/on) (Sub - .s<<tlOtl)
...',W~:""..." Ordinanc~ of . , .
or the ~r~
. .iJ,T~::~ ~,. ~.~'~;."._,:~:.'~""
"r-:--~
(3)
(Polit/flll Suh. divis/on)
I ask that a warrant of arr~st or a summons he issued and that the accused be reljllired to answer the charges
I have made.
.
(4) I verify that the facts sel forth in this cllmplaint arc true and correct to the best of my knowledge or information
and beltef. ThiS venf,cation is made suhJed to Ihe penalties of Section 4904 uf the Crimes Code (18 p.a. C. S.
g 4904) relating to unsworn falsifil.:alllHl I,) autlwnllcs.
12/071
. 19 -2..L
AND NOW. on this dale /71:2(. 1'1 r~_, I ccrllfy
verified. Jnd that there is probahlc l:al-r'/;~-I......u.1I1CC of pnlJ.:cS''I.
09-3-04
(SEAL)
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the divorce action and Petitioner's request to amend the protection
order to exclude Respondent from the marital residence in the
protection from abuse action is rescheduled from November 27, 1996
at 9:00 a.m. until February 14, 1997 at 1:30 p.m.
2. Effective this date, William M. Huber is granted
exclusive use and possession of the master bedroom, its adjoining
bathroom, and the master bedroom closet. Cynthia M. Huber is
PROHIBITED from entering these rooms at any time during the
pendency of this order.
3. Effective this date, William M. Huber is granted
exclusive use and possession of the property at 24 Cumberland
Estates Drive, Mechanicsburg, Pennsylvania on the following dates
and times:
a. Friday, November 22, 1996 at 5:30 p.m. through Friday,
November 29, 1996 at 5:30 p.m.;
b. Friday, December 6, 1996 at 5:30 p.m. through Friday,
December 13, 1996 at 5:30 p.m.;
c. Friday, December 20, 1996 at 5:30 p.m. through Tuesday,
December 24 at 12:00 p.m. (noon);
d. Wednesday, December 25 at 12:00 p.m. (noon) through
Friday, December 27, 1996 at 5:30 p.m.;
e. Friday, January 9, 1997 at 5:30 p.m. through Friday,
January 16, 1997 at 5:30 p.m.;
f. Friday, January 23, 1997 at 5:30 p.m. through Friday,
January 30, 1997 at 5:30 p.m.;
2
g. Friday, February 7, 1997 at 5:30 p.m. through Friday,
February 14, 1997 at 5:30 p.m.
4. Pending the hearing, William M. Huber is enjoined from
discussing with Cynthia M. Huber any matters subject to the divorce
and the custody issues in the presence of the children.
5. Pending the hearing, Cynthia M. Huber is enjoin~d from
discussing with William M. Huber any matters subject to the divorce
and the custody issues in the presence of the children.
6. Pending the hearing, both parties are enjoined from
speaking of the other in derogatory, perjorative, or negative terms
in the presence of the children.
7. With the exception of their personal clothing, neither
party shall remove any property, including children's clothing and
toys, from the marital residence during the pendency of this order.
8. Within ten (10) days of the date of the date of this
order, William M. Huber and Cynthia M. Huber shall transfer the
certificate of title to the Dodge Caravan to cynthia M. Huber. The
parties agree that the van is a marital asset subject to equitable
distribution in the divorce action.
3