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HomeMy WebLinkAbout96-02223 ~ . ! "'-Ilt,j ".... " '\ .' " " J J tC') ~ C"l "C / ~ ~ f" CONNIE M. BARCLA Y, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 96- CIVIL TERM CHARLES J. ILARIA, III, Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims sel forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney atlhe hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the Court may proceed without you. and a judgment may be entered against you by the Court without further notice 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 other rights important to you, FEES AND COSTS If the case goes to hearing and the judge 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. Vou should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the ornce set forth below to nlld out where you con let legal help. COURT ADMINISTRATOR, 4th FLOOR 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 the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. CONNIE M. BARCL.AY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. I ,., J NO. 96- ,.." CIVIL TERM CHARLES J. ILARIA, III, Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER TilE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. 16101 et seq. A. ABUSE 1. The plaintiff, Connie M, Barclay, is an adult individual residing at 168 East South ~ Street, Carlisle, Cumberland County, Pennsylvania 17013, 2, The defendant, CharlesJ.llaria, (SSN: 522-27-2754)(008: 12/19/68), isanadult ,I i , individual whose current whereabouts are unknown to the plaintiff, 3. The defendant has had an intimate relationship with the plaintiff, 4. Since approximately December 24. 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury. and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff, under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specitic instances of abuse: a) On or about April 14, 1996, the defendant grabbed the plaintiff by the front of her shirt. jerked her out of the car, took the car and left. When the defendant returned later the same evening, he grabbed the plaintiff by her hair, pulled her down onto the couch, slapped her repeatedly with both his hands about her head, face, and upper body, and tried to hit her in the head with the telephone, but the plaintiff's friend jumped between the two. The defendant smashed the telephone set on the 1100r when the plaintiff said she was going to call the police, and he threatened to kill her if she called the police. The plaintiff ran to the neighbor's 1I0me and telephoned the police, The Carlisle Police arrested the defendant, charged him with simple assault. Within a few hours after his release from custody and in spite of the fact that a condition of his release was that he have no contact with the plaintiff the defendant returned to the plaintiffs house and telephoned her several times. The plaintiff sustained scratches about her neck, and bruising about her arm and leg as a result of this incident. b) In or about February, 1996, the defendant threatened to kill himself and in furtherance of the threat, using a piece of glass, he cut the inside of both his forearms from the elbows to the wrists. The plaintiff telephoned the police for help. The Carlisle Police transported the defendant to the Carlisle Hospital for treatment. c) In or about January, 1996, the defendant threw his dinner plate at the plaintiff striking her in the face. Approximately two hours later, the defendant threw a glass at the plaintiff striking her in the back of the head, and threw a bag of popcorn at her striking her on the back. The plaintiff sustained swellina and 2 " , , , '.' a laceration on her lip, soreness and a large lump on the back of her head and soreness and a large red mark on her back as a result of the incidents on this date, d) In or about late April, 1995, the defendant threw a glass ashtray at the plaintiff's head, when the plaintiff ducked to avoid being hit, the ashtray hit the window sill causing gouges in the wood, e) In or about February, 1995, the defendant struck the parties' infant daughter (4 III months old) several times, and when the plaintiff tried to take the baby from him, the defendant put his foot on her abdomen and shoved her causing her to stumble backward, f) In or about August, 1994, the defendant grabbed the plaintiff, who was 8 months pregnant, by the arm and shoved her to the floor, g) On or about December 24, 1993, the defendant grabbed the plaintiff by her face and squeezed it. The plaintiff sustained soreness about her face and jaw as a result of this incident. h) Since approximately December 24, 1993, the defendant has abusOO the plaintiff in ways including, but not limited to, pushing, shoving, slapping, choking, pulling her hair, slamming his body into the plaintiff's, restraining her by blocking doorways, has threatened to take the parties' child so the plaintiff will never see the child again, and has threatened to kill the plaintiff if she ever puts him in jail. 3 S. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she remain in the home without the defendant's exclusion and that she is in need of protection from such abuse, 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements, 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment and day care facility of the minor child. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. B. EXCLUSIVE POSSESSION 10. The home from which the plaintiff is asking the Court to exclude the defendant is rented in the name5 of Connie M. Barclay and Charles J. lIaria, III. The defendant has been staying at a location unknown to the plaintiff since April 14, 1996. 11. The plaintiff currently has no place to stay with her child except the marital home, and the defendant has family and friends in the area with whom he can stay. 12. The plaintiff desires possession of the home so as to give the greatest de&ree of continuity to the life of the child, 4 "1'1 - The plaintiff, the mother of the child, is Connie M. Barclay, currently residing at 168 East South Street, Carlisle, Cumberland County, Pennsylvania, She is single. The plaintiff currelltly resides with the following person: ~ Relationship Ashley Marie Haria her daughter The defendant, the father of the child, is Charles J, Haria, III, whose current whereabouts are unknown to the plaintiff. He is divorced, The plaintiff does not know who the defendant currently resides with. 20. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court, 21. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 22. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 23. The best interest and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: 7 a. The plaintiff is a responsible parent who can best lake care of the minor child and the plaintiff has provided for the emotional and physical needs of the child since her birth, b, The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P.S. A 6101 ~ KlI" as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and wrillen communications, except to facilitate custody arrangements; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives; 4. Prohibiting the defendant from entering the plaintiffs place of employment or the day care facility of the minor child; S. Prohibiting the defendant from removing, damllllna, dClstroylna or selling property jointly owned by the parties or owned by the plaintlfr; 8 6. Granting possession of the home located at 168 East South Street, Carlisle, 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, and 8. Granting temporary custody of the 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: I. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements, 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives, 4. Prohibiting the defendant from entering the plaintiffs place of employment or the day care facility of the minor child. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 9 6. Granting possession of the home located at 168 East South Street, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, 8, Granting support to the minor child in an appropriate amount according to the support guidelines payable to the plaintiff in the form of a check or money order, mailed to her residence, and ordering the defendant to provide health coverage to the minor child, directing the defendant to pay all of the unreimbursed medical expenses of the minor child of the defendant to the provider or to the plaintiff when she has paid for the medical treatment and directing the defendant to make or colltinue to make rent payments on the residence of the plaintiff. 9. Ordering the defendant to pay reasonable allomey fees to Lepl Services. Inc, The plaintiff further asks that this Petition be filed and served without payment of f. i 'I,;', and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of ibis ,,., " Petition and Order be delivered to the Carlisle Police Department which has jurisdiction to' :)~) " \~ enforce this Order, The plaintiff prays for such other relief as may be just and proper. 10 COUNT II CUSTODY UNDER PENNSVLVANIA CUSTODY LAW 24. The allegations of Count I above are incorporated herein as if fully set forth. 25. The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as set forth in Paragraph 23 of the Petition. WHEREFORE, pursuant to 23 P.S. ~ 5301 e.l ~.. and other applicable rules and law" the plaintiff prays this Honorable Court to award custody of the minor child/ren to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, (/ I;) / (1'-71_ ) ",' V", ,1./(j <"y- . /Joan Carey, Attorney fotPlaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I,' , , " , " , , . ',I, , , , , 11 .- ~~ ., ., I " ., , , i " , " :iJ H .1 .. I ~l I I ~ .,' " ," ~ ~, "- .... '" ,l! (' , , ." ~ ':' : I,;, t'; ';,1 "';',,l,"';k.\jl~\"i ;:;:';)\;,'.:-f,':;',~~;,I,::5~yr:;/f:;~1~ljt ,~~ I," , ,..,,' "'.-, .. (1':"\":1 " '"j 'j Ir', ;!l' m,; ... I I "",' 'I' \1 ,...,. If: ',1 ,J,~,I'''/lr'~ii\'i.'t(1\A1/'~ 'I J.,. 1\ 'I -,I,' h~:)i.llr<111'II'J~{!,il~t~~f:J:~rt \,:': ',' I ~',!,' ,!~..\,,\;r~'!~J}~t~'1IYf;f;:lfMt}\1~~li ,.1 IJ I,t," J"l\" \I>~~~h ( Irl:lft~,\/r , I 'I, ,,[ i":'l~t .," iV ,~,\{;II'I;,; r',:",1. 't', o '!' , l'{lftl l/i,\,J,'\11'1 t''''! ""l" I 'l"tlll"'lI'I_t! 11~'T'~"l:ll"l,'i;'I'~\ 1'1 'I " .. , 1,",:r,l~IJJI ~n \ ,J i,l, "I' ':.l:'lp:~~~(J.j'li, ,I I I, I' '.' '" l\~,' I, 11111 "IJ 'I' I r ~(JI I' IJ '1' ,,1, 'I 'r ,f II Ii I , ,,], '1. ,t'j '~I'I' nl.;~ ;1 ~ [, ' , I ',,' " ff' , I \"t' ~l'l" , ,l I 1{~~t,'Ai I, \r:J11~1, . tl" 1"/1 J" ; I ',I 1"" "\ '~'ill i ,II "',_ , .\I; ,I , .I,' (,\",,1, I,' ~h.,,~ljril:~~~'f~ , I "I 'I , I, I' I I J'~,1-"1 Jl~' ft " "f'/ll' 1,.,1 flll-:nl,bl(,' /;,.' 'liii' I " ) 'I ',),1' T,rlo':'Iflf,I,\,'ili., . , \ ,I , ..,-'1' '"j' i', !pj'i , "I" I',., ' ,._11__ ;..,',..,.~, tMj... ., -- ,.,.,. ,1:'Pm_liD' , , '''l7m_lJa ' '.,"I~.' ' I ~--I7I1l__ tti.. 1"'11I rn7uatlll , 'i 'I: , ' " j :, ~ ~l .J I , ' }" ,..' CONNIE M. BARCLAY, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2223 CIVIL TERM PROTECTION FROM ABUSE AtlD CUSTODY CHARLES J. lLARIA, III, Defendant MOTION rOR COKTINUANCI The plaintiff, by and through her attorney, Joan Carey of Legal services, Inc., moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: 1. A Te~porary Protection Order was issued by this Court on April 25, 1996, scheduling a hearing for April 29, 1996, at 11:00 a.m. 2. The Cumberland County Sheriff's Department has not been able to effect service because the defendant' IB whereabouts are unknown to the plaintiff. 3. The plaintiff requests an Order generally continuing the matter. 4. The plaintiff requests that the Temporary Protection Order remains in effect pending further Order of Court. 5. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Te.porary 'I ) l 1,lt , , ~ ! I"~ !; !i:.[ ,I , , , , \ , '. ! II' ,. , , , , , \,1 , , I. " " " '1" II i, ,'./. " .. , .' :' , I;, , " r',- !. " "I " '" .II .... tk~ 'i4 '\.. f1'-C.. '}L..l!~...-) u,J) , , , I, If \ 11'),,1 ,', '1' I'i " .. ],. ',i I II " , !-, II, I,. 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