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Home My WebLink About96-01837 I i , , , i '/ i , I I i I ' , I ~J '! , J J I I ,.,.) j i r , I f II Hli ,',',';,J,f'f .~, ;','{'I.' ! /11 I "I): , , ' I, ! I'i . :I I.' , , oj ! c:-.... C'C) 0..- _II "'- ~ J I I ~ " ~) , , >;: i I\ARFN A, Clrl'I.FIl, IN TilE ,'OIIIlT OF COMMON pl.FAS OF 1'111111111'1' ('IIMIIFIllANI1 c'OIlNT", pFNNSVI.VANIA v, NO, 'Ifi- I <; '1'1 ('IVII. TFIlM W,II1E Il, clrl'l.FIl, IJt..r"llIIIIII' I'lIll1H'1'ION Fll()l,f ,\lIIISE ANI1 CIISTOI1V ANI1 NOW, Ihls 1'1-1,f!l(lIlAllV pIUYrEM'ION OIlIIE,! (tl' ,dllY or '\(ll'il, I CjCJIi, UlkUI pl'eSellllllloll nlltl CIlII<;ldel'nlloll Ill' the wlthlll "l!' IllolI, IIl1d Ulklfl riJlIllllg thnl tl1l' plnllllll'r, 1\111'1'11 A, CUller, IIIlW I'l'sirlill!! lit 1111 ulldlsclosed I<Wllt 1011 1'01' h..1' OWII (ll'llle"" lOll IInd In IIvold IIhuse, Is In IlIIlI1edlllle nnd pl'''St,"1 dllllg.'1' or IIhuSl! rmlll the lIe 1"'11111111 I , WillIe Il, ('ulll'l', the 1',,1 lowing Tl'III(",I'III'Y Onlt,1' h I'lIlel'l'd, 1.1110 "IIrOI'l'''III''1I1 IIgeneles, hUII1I111 service ngl"lcll's 1111.1 sdlllol lllsl rle,ls slmll uol .llselose the presence or the pllllntlrr IInd/nl' 111l' child In th,' jUl'lsclielloll nl' e1ls1l'ict 01' rUJ'IIlsh IIny mlrll'ess, lel..phone mllllh..1' , or IIIIY 01 her e11!1llllgl'lIphic IIIrOl'lIInllllll nlulUl the plnillllrr 11I111/01' dlil<l..xc'I'(l1 hy rUl'lh,'1' Onlt'l' or ('011I'" '1'111, der"'lIlnnl, Wnde Il. CUller, ISSN: lRCj-~Ii-R:I2J)(noll: lJ/2J/(1) IIIlW I'..sl.llllg III ,13 AI 111I111111' I1l'lvl!, I1UlII'lIIlIIoII pl'I'I'Y coullly, PenllsyIVnlllll, Is hurehy elljolllml rnull (lhyslclllly nhllSlll!! the pllllnl Irr, 1\11I"'11 A, ('ullel', nml rrolllplllclng her III 1'1'111' or IIhusl!, The e1ur"llllllnI Is ol'd,'reel 10 sillY IIWIlY I' n 1111 1111' (llllllllll'r's reslrlence Inenle.1 nl 13 Sllul hll1l1l11 I1rlv,', 1'110111, ('ulIIllI,rlllllll ('ounty, (l'Hlnsyl vlIIIIII , II l'esld"I1<'" whieh Is owrll'e1 hy Ih., pllllnll 1'1', 10 whl"'l lI,e pllllllllrr IIl1el the II1lnnr "hlld 1II0V. " , 10 IIvoiel 1I1""e, whlc-h 1<; 1101 oWIII'11 or 1,'nsl'e1 hy Ih., dorellllllnt, 1111I1 The plaint I ff IMY proceed without pre-p"yment of fees pending a further order after the hearing. The CUmberland County Sheriff's Depllrtment shall attcmpt to makc service at the plaintiff's request IInd without pre-payment of fees, but service mllY be accomplished undcr any appllcllble rule of clvi I Procedure, This Order shill I he doeketed In the office of the Prothonotary IInd i . t , forwarded to the Sheriff for service, The Prothonotllry shill I not send a copy of \ , this Order to the defendllnt hy mall. The approprlllte police departments shall be provided with ccrtlfled copies of this Order by the plaintiff's attorney, This Order shall be enforced by any I law enforcement agency where a violation occurs by arrcst for Indirect crimlnlll contempt without Wllrrllnt upon probahle clluse thut this Order has been violated, whether or not the violation is committed In the presence of the police officer. In thc event that IIn urrest Is made, under this section, the defendant shall be takcn without unnecessary de lay before the court that Issued the order. When that court Is unavailable, the defendant shall be taken before the appropriate district justice. (23 PII.C,S. g6tI3). By the Court, / Judge Joun Curey ] ({ IJ\GA/. SIlIIVICES, INC. I' I,') 1 \~' i" Attorney for Pllllntlff J1t1 J " I') IIY 1 r p(, KAREN A. CllI'LER, I N TIlE COURT OF COMI<<>N PLEAS OF Plaint i ff CUMBERLAND COUNTY, PENNSYI.VANIA v, NO. 96- J r 1'/ CIVIL TERM WADE R, CllI'LER, PROTECTION FROM ABUSE AND CUSTODY Defendant PRTITIOO FOR PRlYI'ECTION ORDER AND CUSTODY RELIEF tJNDJ1.R TIlE PRlYI'ECTION PRaoI AIlUSE ACT, 23 Pa.C.S. 66101 et seq. A, AIlUSE 1. The plaint Iff, Karen A, Cut ler, is an adult individual whosc permanent residence is 13 Southmont Drive, Enola, CUmberlandCoonty, Pennsylvania 17025, 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as Is more fully set forth herein. This address will bc furnished to thc court upon request, 3, The defendant, Wade R, CUtler, (SSN: t89-56-8323)(DOB: 9/23/61), Is an adult individual residing at 33 Allandar Drive, Duncannon, Cumbcrland County, PennsylvanIa, 17020, 4. The defendant is the husband of the plaintiff and the father of the parties' minor child. 5. Sincc approximately July, 1991, the defendant hilS attcmpted to cause and has Intent lonally, knowingly, or recklessly caused serious bodily harm to thc plaintiff, hilS placed the plaintiff in reasonable fellr of imminent scrious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaint iff, inclUding following the plnint i ff wi thout proper authorlzllt lon, under cI rcumstllnces which hllve placed the plaintiff In reasonable i i h r; I ~ " ;j " U i; " '\ !, il " 'I L fi il 1\ ! . If ~; t " f I t i r fear of bodily Injury. This has Included, but Is not limited to, the following specific Instances of abuse: a) On or about March 25, 1996, the defcndant beat the plaintiff's boyfriend so severely llbout his head and body that he had to be takcn to Hershey Medical Center by IImbulancc IInd plllced on life support eqolpmenl. The defendant WIIS arrested, charged with IIggrnvated assault, IInd taken to Perry County Prison. He IIllde ball IInd was released the following day. Since that time the defendant has threatened the plaintiff saying, "If you're my girlfriend and I catch you with another mlln, I'll beat you 'tll you wish you were dead; If you're my wife, I'll kill you." The defendant also told the plaintiff that he did not care If he ended up In prison for his actions because shc Is his Ilfc and If he can't have her nothing matters, The plaintiff left the defendant In October, 1995, got a Protect Ion Order through Perry County Coort for a 16-weck period (It lapsed March I, 1996), established her own residence In CUmberland County, and flied for divorce, The plaintiff fears that the defendant Intends to kill her, and she Is staying with the parties' minor child at an undisclosed location for her safcty, b) In or about the beginning of February, 1996, thc plaintiff returned home IIlone from a date and went to bcd, she WIIS awakencd from slecp when the defendant jumped out from under her bed. Hc had II tupe recorder with him and told her ttlllt he WIIS trying to catch the plaintiff with her boyfriend. The pllllntlff told the defendant to leave her home lIlul he did. ^ short time later the plaint I ff got 2 a telephone cull from her boyfriend, but the telephone went dead during their conversation. When the plaintiff went down to the kitchen to check the other telephone, she found the defendant standing In the kl tchen In the dark. The defendant denied having tllmpered with the telephone line. When the plaintiff told the defendant to lenve, he refused, nnd grnbbed her purse from her, The pllllnt iff ran from the house, telephoned the pollee from a public phone, IInd when the Pennsylvanln State Police IIrrlved, they discovered that the telephone wires connected to the outside of the house had been ripped out of the connector box. c) In or about Jllnullry, 1996, the defendant went to the plaintiff's home, slapped the plaintiff In the face, grabbed her IIround her head In a headlock, threw her to the floor, strllddled her and choked her. When the defendant got off of the plaintiff, she tried to call 911 for hell', but the defendant grabbed her by her hall', drugged her outside, threw her down In the front yard, straddled her, and choked her again, d) In or about late October, 1995, the defendant slapped the plnlntiff In the face, threw her onto the bed, and choked her, When the defendllnt let the plaintiff up, she run downstairs to leave, but hll followed her, grabbed her by the hall', drngged her back upstairs, threw her onto the bcd, /lnd choked her ngllln. Criminal charges were riled nllalnst the defendnnt for simple nssllult, harassment and stalking; the plnlntlff filed II petition for Protection From Abuse, J . -.,A.) and a Protect Ion Order was entered on October 26. 1995, See attached Exhibit A. incorporated by reference. 6, On or about March 25. 1996, the plaintiff and her minor child left their residence at 13 Southmont Drive, Enolll, Cumberland County, Pennsylvania, for their protection nnd to avoid abuse. 7, The plaintirr believes nnd therefore livers that she Is In illlAlCdiate and present danger of abuse from the defendllnt nnd that she is in need of protection from such abuse. 8, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including. but not limited to, telephone and written communications. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, nnd from hlll'assing her relatives, 10, The plaintirr desires that the defendant be restrained from entering her place of employment and the day care facility of the minor child. II. The plaintiff desires that the defendant be enjoined from removing, damaging. destroying or selling nny property owned jointly by the part ies or owned by the plaintiff, n, RXCLUSIVP. POSsmlSION 12. The home from which the pllllntiff is asking the Court to order the defendant to stny away from Is owned In the name of Karen A. CUtler, and the defendant has never reshled there. The plalntirr Is not seeking the eviction of the defendnnt from his residence. 4 C, ATI'ORNF.Y F1illS 13. The plaintiff lI~ks thllt the defendant be ordered to pay reasonable attorney fees to I.eglll Services, Inc, D, 'moII'ORARY CUSTODY 14, The pllllnt Iff seeks temporary cu~tody of the following child: Hl!lI!l Present Residence A&ll Alii I. Cutler undisclosed location 1 year old November 9, 1994 The child was not born out of wedlock, The child is presently in the custody of the plaintiff, Karen A, Cutler, who Is temporarily residing at an undl~closed location for her own protection. Since her birth the child has resided with the following persons and at the following addresses: Hl!!!I!l Addrossos Illllilll Plaintiff undisclosed location March 25, t996 to the present Plaintiff 13 Southmont Drive February 16, 1996 Enola, PA to March 25, 1996 Plaintiff 33 Allandar Drive October 25, 1995 Duncannon, PA to February 16, 1996 Plaintiff and defendant 33 Allandar Drive November 9, 1994 Duncannon, PA to October 25, 1995 The plaintiff. the mother of the child, Is Karen A. Cutler, currently residing at an undisclosed location for her protection. She Is mllr rI cd . 5 The plainti ff current Iy resides with the following person: Iiall RelationshiJ! Alii t. Culler her daughter The defendant, the father of the child, Is Wade R, CUt leI', currently residing lit 33 Allllndllr Drive, Iluncannon, Perry County, CUmberland County, Pennsylvania. lie is married, The defendllnt currently resides alone IS. The plaintiff hils not previously pllrticlpated in any litigation concerning custody of the IIbove ment ioned child in this or any other Court. 16. The pllllntl ff has no knowledge of any custody proceedings concerning this child pending before II court in this or IIny other jurisdiction. 17. The plaintiff does not know of any person not a party to this act ion who hils physical custody of the child or claims to have custody or visitation rights with respect to the chile!. 18. The best interest and permanent wel fllre of the minor child will be met if custody is temporarily grunted to the plaintiff pending a hearing In this matter for reasons includin,'I: a, The plaintiff is a responsible parent who can best tllke cllre of the mlnnl' chllel IInd hilS provided for the emotional and physlclIl needs of the chi hlren since her hlrth. h. The defendant hilS shown by his abuse of the pllllntlff that he Is nnt an approprillte role model for the minor child. Ii WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P,S. 9 6tOt g1 ~., as amended, the plaintiff prays this 1I0norable Court to grant the following relief: A. Grant a Tempofllry Order pursuant to the "Protect Ion from Abuse Act:" I. Ordering the defendant to refmln from abusing the plaintiff and from placing her In fear of abuse; 2, Ordedng the defendant to refrain from having any direct or Indirect contact with the plaintiff Including, but not Ilml ted to, telephone and wrl tten communlcationsl 3, Ordering the defendant to refmin from harassing IInd stalking the plaintiff and from harassing her relativesl 4, Prohibiting the defendant from entering the plaintiff's place of employment and the day care foell i ty of the minor childl 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff! 6. Ordering the defendant to stay away from the plaintiff's residence located at 13 Southmont Drive, Enola, Cumberland County, Pennsylvania, which the parties hllve never shared I 7. Ordering the defendant to stay away from any residence the plaintiff Is currently re::lidlng at or may In the future establish for herself, /Ind 7 8. Grant ing temporary custody of tho minor child to the plaint iff. n. Schedule a hearing In accordance with the provisions of the "Protect ion from Abuse Act," lind, ufter such heur lng, onter IIn order to be In effect for a per iod of one year: I, Ordering the defendunt to refrain from abusing the plaintiff and from plucing her in fellr of abuse, 2. Ordering the de fondant to refrain from huving IIny direct or indirect contuct with tho Illulntlff including, but not limited to, telephone and written communications, except to facilitate custody arrungements. 3. Ordering the defendant to refrain from harassing and stulking the plaintiff and from harassing her relatives, 4. Prohibit ing the defendant from entering the plaintiff's place of employment and the day care fuel lity of the minor child. S. Prohibi ting the defendant from removing, dallllging, destroying or sell ing property Jointly owned by the parties or owned by the plaintiff. 6. Ordering the defendant to stay away from the plllintiff's residence located at 13 Southmont Drive, Enola, CUmberland County, Ponnsylvania, which the parties have never shared, 7. Ordering tho defendant to stay IIway from lmy residence the plaintiff may currently be residing at or may in the future estubl ish for horsel f, 8 "~ v. IN THB COURT OF COMMON PLEAS OF TnE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA I PERR~ CDUNT~ BRANOH NO. 95-950 P.F.A. KAREN A. OUTLER WADE R. CUTLER o R D E R AND NOW, October 26, 1995, upon agreement ot the parties, and the Detendant having admitted the allogationl in the petition, IT IS HER~BY ORDERED AND DIRECTED that the Defendant refrain trom abuling the Plaintiff, Karen A. Cutler, or placing her in tear of abuse, Defentlant Ihall not have any direct or indirect contact: with the Plaintiff including, but no limited to, telephone and written communication., un lea. the contact ie initiatad by the Plaintiff, except for the limited purpose of advising her concerning the welfare of the partie.' one year old dauqhter, Alli I. Cutler, Defendant ahall not harass and .talk the Plaintiff anti not harass her relativoe end the minor child; Defendant shall not enter the Plaintift 'a place I of employment wherever it may be during the pendency of this order; The partie. agree not to remove, damage, destroy, or lell any property owned by the othe!;:, party)$lr any jointly owned :;0 0 property, exoept by mutual agreem~t; ~ :! ~ -i 1'T1r.? -i The Detendent shall IItlliji5 awif gom the Plaintiff'l ""-- reeidenoe located at 33 Allandar~tiiiv~ Du~annon, Perry County, ~.: : . ;<:(,1 ""C ,.0 pennsylvania, until March 1, 199~p <Xl ';:! ~ ~ I~ The Defondant understands th~ th~ pr6toction order entered IOOIIJIIT nAn " : \. i' ~ i I !-',.', . ,,;' j','" ( 'Iil;.; l' , " . j I ~ ~ If-I. :\ \.'! ~ j I' J)Tj FL ';-/.-\t " I-; r ; . , ! 1 , I . ,; : , : , , , , I , 1 1 " , .' , I , . I , , , I , I " ! , ''';' , " d IIp . 1 ! , , ! , , , : , , , I j n , b I I Ii , ! ! , I , , ! I \: , ; , , ; 1 , , I , do'_' , I 1 I I ! . . \ , " \ , , , I t " !11 .,' , , , I " , ; ~, " n{( ,/\tlj , i, " thl_' l'J.i' !.;"! , , , \..1 , ' :!t. .",j "J. t II. 1 ,~ 1 ! '. l, I; llt'."I.." J if 1,1!)! "I;!il " 11 i ~-, .111 ; 1 . "'~~,/'J :/ ./' I .(./ ;' ,..'7'/.....'- /, ....~..:" " ,<,' --;,; \4 ~ ' t, 'i!,. i If'; ~ 0,'';/ 'fl. ~ . q~f.).-, c., Ih'~L,~1 JPfl I HEARING DATEI APRIL 16, 1996' 1., T~e Court Of C.:mmO:1 Fle::s or C:Jr"::"-::Ht'i::nd c:.~w';"..:YI Pannsyl'lc:r:io Karen A. Cutler VS, Wade R. Cutlpr :'fo. q6-1R17 _ C'lvl] --. ::- ~ow, April 08 ~9.!JJL. !. SEZ?~~ 0:::' C~G:::=..!..A.'rn CO't.'"":i'rY, ?~ co ==-..!7y cL::u= = .re==..:r oi Perrv , ' , C~u:q :~ :::::-.:r.:: =.:.s ',V:::, = C.::u=::cu :~:.,'IP -"'..:- U == ~ =d :=~ oi = ::,,:-:.:. ,-. . ~' ~.".,' ' ":! 1"' &k>......~ .,....:?~'--e' , She.-":: at C=:::u'..u:d C~U:lT, l':z. . ASdavit or Sem~ :-i'ow, April 12 t9 96 .. 9115 0' ..:!cc:: p' 't[. 1=-.~ . .- . .s.. Temorary Protection order =: ~t:.::l 'JFOIl Uade R. Cutler n 33 Allander Dr. . Duncannon, Penn TliP. , Porrv Cquntv, PA by !::u:~:o \~ade R, Cutler a. true and attested - ct. -_'. "-';": , '__I o:-.;:::=.r. '11pmp Prnt-AI"'t-;nn n"(1er ,. :uzd -..:. i::awu :0 him :!:.: :::t=::s t.~:==i. Sa ~c-:.. '~Q rN'.UlOJ f.' 1.. .tlt.J Deputy SJ:c::i'.1 Perry' C:>UAtT. l':. Swcr: :uzc s:zbC-:b::l bC= ' == :!:!s ~ 6., 01 1,''>1 J !~l.1- CCSTI ::::..-<. ....-rc:: ~ crr..z.-\.G Z ,-\..::wA VIT oS ....-:- A Alo,* ' p;:-.' .-- -.--..,-....._.w i"'l,ro",l r- 'I 1<'.1 .1',','! .. r_,.--a' .- , - " , ' --"--'---' s , Plainti ff CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1837 CIVIL TERM : PROTECTION FROM ABUSE AND CUSTODY v, WADE R. CUTLER, Defendant AND NOW, th _ day of April, 1996, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Wade R. Cutler, is enjoined from physically abusing the plaintiff, Karen A. Cutler, or from placing her in fear of abuse. 2. The defendant is enjoined from having any dlrcct or Indircct contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements, 3, The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives, 4. The defendant Is prohibited from entering the plalntifrs place of employment and the day care facility of the minor child. 5, The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties, 6, The defendant is ordered to stay away from the plaintifrs residence located at 13 Southmont Drive, Enola, Cumberland County, Pennsylvania, which the parties have never shared. 7, The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. 8. Court costs and fees are waived, 9, This Order shall remain 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 plaintiff. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. This Order may subject the defendant to: i) arrest under 23 Pa.C.S, ti6113: ii) a private criminal complaint under 23 Pa,C,S. fi6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C,S, fi6114. 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, fi6114.1. II. The East Pennsboro Township Police Department shall be provided with a certified copy of this Order by the plaintifrs 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 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, -, .. ~ 'I " , , .. ',l ~ ',I f .: Joan Carey LEGAL SERVICES, INC, Auomey for Plaintiff Wade R. Cutier Defendant (\. f"c; '. ,fl" ,,~l,.l 'l-I:loa I (, b, ' ....'.,."'a I " 6. The defendant agrees to stay away from the plaintifrs residence located at 13 Southmont Drive, Enola, Cumberland County, Pennsylvania, which the parties have never shared. 7, The defendant agrees to silly away from any residence the plaintiff may in the future eSlllbllsh for herself. 8. The defendant, although entering into this Agreement, docs not admit the allegations made in the Petition, 9, The defendant underslllnds that the Protection Order entered In this matter will be In effect for a period of one (I) 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 pmctice that indicates risk of harm to the plaintiff. The defendant underslllnds that this Order will be enforceable In the same manner as the Court's prior Tempomry Protection Order entered in this case. 10. Violation of the Protection 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; Ill) 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. \, II, The defendant and the plaintiff agrec to the entry of an Order providing for the following custody schedule for their child, Alii Ilene Cutler. a) The mother will have primary physical custody of the child and the parties will share legal custody,