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Home My WebLink About96-01537 "" " J ~ ,J " ~ \ ! J , -"" J' ,/'~ I - I i i J J ~ ~ ~~ \ i ...3 r...... KA1lfLEEN T. COMP, Plaint iff on behalf of her minor children: AI.EX D. COMP, ancl ZACHARY I. COMP, v. IN THE COURT OF rnMlN PLEAS OF CUMRERJ,AND COUNTY, PENNSYLVANI,\ NO. 96- I 537 CIVIL TFRM RANDY E. COMP, Defendant PRCYl'ECTION FR~ ARl!SF AND NOW, this TfltIPORARY PROTF.CT'~ OIlDF.R :2 o1~ day of March, 19<)6, upon presentat ion and consideration of the within Petition, ancl upon finding that minor children, Alex D. Camp and Zachary l. Comp, now residing lit 37 Shippensburg /tfoblle Estates, Shippensburg, Cumberlancl County, Pennsylvania, are in immediate and present danger of abuse from the defendant, Randy E. Comp, the following Temporary Order is entered. The defendant, Randy E. Comp (SSN: 210-44-5552)(008: 2/5/64) now residing lit 107 Spruce Street, .lrd Floor, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the minor children, Alex D. Camp and Zachary I. Camp, and/or placing them in fear of abuse. The defendant Is ordered to stay away from the plaintiff's residence located at 37 Shippensburg /tfobi Ie Estates, Shippensburg, Cumber land County, Pennsylvania, A residence which is not owned or leased by the defendant. The defendant is ordered to stay 11WIIY from any other residence the plaintiff may in the future establish for herself. The defendant is ordered to rllfraln from having any direct or Indirect contact with the parties' minor children including, but not limited to, telephone and written communications. The defendllnt is enjoined from entering the schcx11 of Alex D. Comp or the day care facility of Zachary r. Comp, including the home of the defendant's parents as long liS they provide clIre for the chi Iclren. A violation of this order MY subject the defendlUlt to: I) arrest under 23 PR. C.S. 16113; II) a private crl.inal oo.pllllnt under 23 PR. C.S. 16113.1; Iii) a charge of Indirect crl.lnlll conte.pt under 23 Pa. C.S. 16\14, punishable by Isprlson.ent up to six .lnthll llIlIl a fine of $100.00-$1,000.00; and Iv) civil conte.pt under 23 Pa. C.S. 16114.1. This Order shill I remain in effect unt i I modified or terminated by the Court lifter not ice or hearing and can he extended beyond its orlginlll expiration date if the Court finds that the defendant hilS committed an act of IIbuse or has engaged in a pattern or practice that indiclltes risk of hllrm to the parties' minor chi ldren. Temporary custody of Alex D. Comp and ZlIchary r. Comp, is hereby awarded to the plaintiff, Kathleen T. Camp. A hearing shill I be held on this matter on the :>1//. day of March. 1996, at j:,jO p .11., in Courtroom No. ';/, 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 MY be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed I n 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 mail. The Mid-Cumberland Vai ley Regional, Middlesex Township, and Carl isle Police Departments, shall be provided wi th certi fied copies of this Order by the KATIn,EFN T. rOMP. Plaint iff on behalf of the minor children: ALEX O. CONP, III1d ZACHARY I. rOMP, v. IN THF (,()(!RT 01' (Xl/oMlN PLEAS OF CIIMBERLAND COUNTY, PENNSYLVANIA NO. '16- / " i1 CIVIL TERM PRO'l'F.CTION fllOM ABlISE RANDY E. COMP, Defendant PP.T IT I <JoI FOR PRO'I'F,C'J" ON OIU>I!R REI. , EF UNDER 111P. PROI'F.CT 'ON f/'ROIl AIllJSE ACT, 23 Pa.C.S. 56101 et seq. A. ABI1SE \. The plaintiff, Kathleen T. Comp, an adult individual, bringa this action on behalf of her minor chi Idren, Alex O. Comp and Zachary I. Compo 2. The defendant, Randy E. romp (SSN: 210-44-5552)(008: 2/5/64) is an adult Individual residing at 107 Spruce Street, 3rd Floor, Carlisle, Cumberland County, Pennsylvania 17013. 3. The defendant is the husband of the plaintiff and the father of the parties' two minor children. 4. Since approximately late fall, 1995, the defendant has attempted to cause and ha.s intentionally, knowingly, or recklessly cllulled bodily injury to the minor children, and has comllli t ted acts towl\rd the llIinor children under circumstances whi.ch have placed the children in reasonable fear of bodi iy injury. This has inclwled, but is not limited to, the following specific instances of abuse: a) On or about February J. 1996, to the best of the plaintiff's knowledge blised on reports from and observat ion of the chi Idren, the defendant beat the parties' 5 year old son. Alex n. Comp, causing bruising about. his buttocks and struck tb" (Jarties' 2 y"ar old son, Zachary I. Comp, on the head with his fist. When the children returned to thel r mother's custody on or about February~, 1996, aod she became aWllre of the abuse, she contacted the Carlisle Police Department /tnd rurnberland County rhi Idren &- Youth Services (CCC&-YS). The pol ice /tnd the CCCYS staff advised that the chi Idren not be In their father's custody pending Investiglltlon and resolution of the matter. The police have charged the defendant with simple assault. b) In or about late fall, 1995, Ale;(, the 5 year old, came home from It weekend visit with the defendant with finger marks and welts on his jaw and told the plaint I ff that the defendant hi t him when he threw up his medicine. The defendant admitted that he slapped the child on his face. 5. The plaintiff believes and therefore avers that the minor children are In immediate and present danger of abuse from the defendant and that they are In need of protection from such abuse. 6. The plaintiff desires that the defendant be enjoined from harassing and stalking the minor children. 7. The plaintiff desires that the defendant be restrained frOll entering Alex D. Comp's school or the childrens' day care facility, including the home of the defendant's parents as long as they provide care for the children. B. EXCLUSIVE POSSF.8SION 8. The mobile home from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the name of Kathleen T. camp, and the defendant has never resided there. !!!YI!i! AddU~~ !l!l1u Plaintiff llIld defendant 1229 Spring Rcmd June, 1993 Carl isle, PA to April 4, 1995 Plaintiff and defendllflt 149 A Street, Apt. June Il, 1990 Carlisle, PA to June, 1993 The plaintiff, the mother, of the children, is Kathleen T. Camp, currently residing at 37 Shlppensburg Mobile Estates, Shippenshurg, CUmberland County, Pennsylvania. She is I18rried. The plaintiff currently resides with the following persons: fU@ Relationship Alex D. Comp Zachary r. CotIp her son her son The defendant, the father of the chi Idren, is Randy E. Comp, current ly residing at 107 Spruce Street, 3rd Floor, Carlisle, Cumberland County, Pennsylvania. He is married. The defendant currently resides alone. II. The plaintiff filed a petition for Protection From Abuse (CUmberland County, No. 9S-19B3 Civil) on April 18, 1995. By Consent Agreelllent of the parties the plaintiff maintained primary custody of the parties' children and a Protection Order was entered on May 22, 1'l9S (See attached Exhibit A, incorporated by reference). 12. The plaint iff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. Il. The plaint iff does not know of any person not a party to this action who has physical custody of the chi Itlren or claims to have custody or visitation rights with respect to the chi Idren. 14. The best interests and perll\l1nent welfare of the minor children will be met If the plaintirf maintains prlm/lrY custody pending a hearing In this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor chi Idren 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. c. The defendant's behavior has adversely affected the chi Idren. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7,1976,23 P.S. 96101 tl seQ., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protect Ion from Abuse Act:" 1. Ordering the defendant to refrain from abusing the minor children and/or placing them in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the parties's chi Idren including, but not limited to, telephone and written communications; 3. Ordering the defenrhmt to refrain from harassing and stalking the minor children; 4. prohibit ing the defenrlant from entering the Alex D. ('omp's school or the day care facility of the .inor children, including the home of the defendant's parents IlS long as they provide care for the children: 5. Ordering the defendant to stay aWIlY from the plaintiff's res idence locllted at .17 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania, which the parties hllve never shared; 6. Ordering the defendllnt to stay away from any residence the plllintiff may in the future establish for herself, and 7. Granting temporary custody of the minor children to the plaintiff. B. Schedule a hearing in accordance wi th 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 ahus ing the parties' minor children and/or placing them in fear of abuse. 2. Ordering the defendant to refrllin from harassing and stalking the minor chi Idren. 3. Prohibiting the defendant from entering the school of Alex O. C.omp or the day care faei Ii ty of the part ies' minor chi Idren, including the home of the defendant's pllrents as long as they provide care for the children. 4. Ordering the defendant to stay aWIlY from the plaintiff's residence located at .17 Shippensburg Mobile Estates, Shippenshurg, ('umherlal1<l c.ounty, Pennsylvllnia, which the parties have never shllred. The ahove-nllmed plaint i ff, KIIthleen T. Comp, vt!rifies thllt the "tatemllnts lIIIIde in the above Petition are trut! and correct. Tht! plaintiff understands that false statements hlHt!in are mllde subject to the pennlt ie'! of 18 Pa.C.S. 84904 relating to unsworn falsification to authoritie,s. Date: 3j~I),h~ -.) q.. I:" , '" \.1 ;) '> '" ~ ~ 't1 /VI H' .... ' ~ . : ~ " ~ ~ ~ ~ 3. 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 transporting the children at which times the defendant shall be accompanied by a third party mutually agreed upon to supervise his visits with the children. The defendant shall remain in his vehicle at all times. 6. Court costs and fees are waived. 7. This Order shall remain in effect for a period of one (I) year Md can be extendt'.d beyond that time 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 minor children. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 8. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. 06113; ii) a private criminal complaint under 23 Pa.C.S. 06113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 06114, punishable by imprisonment up to six months and a fine of $100.00- $1,000.00; and iv) civil contempt under 23 Pa.C.S. 06114.1. 9. The Mid-Cumberland Valley Regional, Middlesex Township, and Carlisle Police Departments shall be provided with certified copies of this Order by the plaintiffs attorney and may enforce this Order 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 police officer. In the event that an arrest is made under this section, the defendant shall be taUn 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 P.S. 06113). '1- II..'-'/t. ,"" c"'''''~\\'f h,,,l~d '\'" l,~. ,,'0...1:......1 '''/o-Lc ~ ft., O..\t ~... f"h, by a third party mutually agreed upon to supervise his visits with the children. The defendant will remain in his vehicle at all times. 5. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transporting the children at which times the defendant will be accompanied by a third party mutually agreed upon to supervise his visits with the children. The defendant will remain in his vehicle at all times. 6. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 7. 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 that time 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 minor children. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 8. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. 06113; H) a private criminal complaint under 23 Pa.C.S. 06113.1; Hi) a charge of indirect criminal contempt under 23 Pa.C.S. 06114, punishable by imprisonment up to six months and a fine of 5100.00-51,000.00; and iv) civil contempt under 23 Pa.C.S. 06114.1. 9. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their children, Alex D. Comp and Zachary I. Compo a. The mother will have primary physical and legal custody of the children. b. The father will have supervised visits with the children on dates and at ". " I t: 'i ~j [~ ~~ II , I ~i , , I ~ '- .4 ~ f l '1 " fl. -, (.; ", r.;:..' '!:i /i. , i:_