HomeMy WebLinkAbout96-03125
the IIppropriate district just ieC'. (2.1 r'a,('.S. ~hll.l).
Ry thC' Court.
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.Jolin Carey ('") '0 0
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I.FX"'..Al. SERVICF.s, INC, ," '1
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Attorney for Plllintiff tr)r. :r-:
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Clarence ff. Heinly, III ~. c 'J
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Oefendant ;r.... :z." ";1
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h. The defendant agl'e"s to pay all of the unreimhurscd medical expenses
of the minor child of the defendant to the prnvider 01' to the plllintiff whcn she
has p/lid for the mediclLl treatment.
7. The defendant agrees to IIttend, plLrt icipate In, llnel succlJssfully
complete the Tressler Lutheran Services' prngram. Stmmi.JJ&....Yiolence ILnd Ahuse:
A (]roull for..l!!lli, ILccol'ding to the conditions of the pl'Ogrnm's contract. The
defendlLnt agrees to register in the progrnm lmmedilLtely upon entry of the
Protection Order.
8. fhe defendllllt. III though entering into this Agreement, does not IIdmit
the allegations mllde in the Petition.
9. The defendllnt understands thllt the Protect ion Order entered in this
matter wi 11 be in effect for a period of one (I) yellr IInd 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
plaint iff. fhe defendant understands thllt this Order wi II be enforceahle in the
same manner as the Court's prior Temporary Protect ion Order entered iI. this case.
10. Violation of the Protection Order may subject the defendant to: i)
arrest under 23 PII,C.S. ~6113j ii) II private criminal complaint under 23 Pa.C.S.
~6113.1 j i i i) a charge of indi rect criminlll contempt under 23 Pa.C.S. ~6114,
punishable by imprisonment up to six months and /l fine of $100.00-$1,000.00; and
iv) civi I contempt under 23 pa.e.s. ~6114.1.
II. The defendant IInd the plaint i ff agree to the entry of an Order
providing for the following custody schcdule for their child, Kara Nicole Heinly.
a. The mother wi II have primllry physicllland legal custody of the
chi Id.
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year old daughter, Kllrn, had been asleep on the sent of the
plaintirf's truck, but was aWllken hy the jolt from the vehicle, IInd
began screnming nncl crying. When the defendnnt rellllzed the chi Id
WIIS in the plaintiff's truck, he stopped pushing it, but got out of
his vehicle, puncheel the hooel of the plllintlff's truck twice, then
kicked the door to the vehicle before he took the chi lei out. Once
inside the house the defendllnt put the chi Id down, fol lowed the
plaintiff into the kitchen, grllbbed her by her shoulders, and shoved
her bllckwllrd cnusing her to fall to the floor on her buttocks. The
defendant then followed the plnintlff into the liVing room and
kicked her approximlltely 8 times in the buttocks and on the tail
bone with his construction b,)Qts as she tried to move IIway from him
caus lng her to fall onto the rec liner chal r. The defendant
threatened to kill the plaintiff, grabbed her by the throat, and
pushed her down IIgainst the recl iner forcefully causing the recl iner
to tip over backward. The defendant yelled at the plaintiff to go
to bed, and as she tried to go upstairs wi th the child, he kicked
her again in the tail bone. The plaintiff telephoned 911 for help
and the defendant pulled the telephone cords from the walls upstairs
and downstairs. The Silver Spring Township and Mechanicsburg Police
Departments responded, Rne! the e!efendllnt WRS chargee! with
barassment, I' impl e assnu It, and reck less endllngerment, A hearing
berore District .Just Ice Filmer was helel on May 22, 1996, and the
charges were bound over ror trial. The plaint i ff sustained injuries
inClUding bruising about her buttocks nncl wrist and soreness about
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including bruising about her huttocks and wrist and soreness about
her tni I bone nncl buttocks liS II result of this incident.
b) In or about ellrly Murch, 1996, the defendant lunged at the
plaintiff, and even though her friend placed herself between the
defendant IInd the plaintiff to ship.ld the plllintiff, the defendant
grllbbed the plaint iff by her IIrm, letting go only when the friend
persisted in intervening.
c) since approximately 1990, the defendant has abused the
,
plaint i ff in ways including, but not I imi ted to, pushing, shoving,
slapping, grabbing, choking, and kicking her. The defendant punched
the plaintiff in the eye during one incident causing a bruised and
swollen eye, headaches, and blurred vision. In addition, the
defendant hilS threatened to ki II the plaint i ff on several occasions.
On several occasions and as often as three times a month, fearing
for her safety and that of her child, the plaintiff has taken the
child and left the home staying at her mother's to avoid further
abuse from the defendant.
5. 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 defendlLl1t's exclusion and that she is in need of protection from such
abuse.
6. The plaintiff desires that the defend~nt be enjoined from harassing
and stalking the plaintiff, lInd from harassing her relatives, or the minor
chi idren.
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7. The plllintiff desires thllt the defendant he restrnined from entering
her plnce of employment.
R. Th", pllllnti ff desires thllt the defendant be enjoined from removing,
damaging, destroying or selling any property owned jointly by the parties or
owned by the plaintiff.
R. EXCUlSlvp, ro.'lSP.sSION
9. The home from which the plaintiff is asking the Court to exclude ~he
defendant for a period of at least six months is owned in the name of Clarence
H. Heinly, III.
10. The defendant agreed to move to his mother's home at 633 Williams
Grove Road, Mechanicsburg, Cumberland County, Pennsylvania, during the six-month
exclusion period.
II. The plaintiff desires possession of home so as to give the greatest
degree of continuity to the life of the child.
12. The plaintiff desires the defendant to rrovide suitable alternate
housing for her and the parties' minor child.
C, SUPPORT
13. The defendant has a duty to support the parties' minor child.
14. The plaintiff is in need of financial support from the defendant
including, but not limited to: payment of unreimbursed medical expenses for the
minor child, the mortgage payment on the residence at II Thomas Drive,
Mechanicsburg, CUmberland County, Pennsylvania or rent for suitable alternate
housing.
15. The defend/lilt is temporarily laid off from John Keener Construction
Company, but receives Unemployment Compensation checks of $250.00 minimum weekly.
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Sho is single.
The pllLint I ff current Iy resides wi th thLl following person:
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~o l!lli.!:!ru!lli
Kuru Nicole Heinly d/lughter
The de fendllnt, Clarence fl. Heinly, Ill, the father of the child, currently
resides at 63.1 Will lams Grove ROlLd, Mechanicshurg, Cumberland County,
Pennsylvunia.
He is single.
The defendant currently resides /llono.
20. The plaintiff has not previously partlcipatd 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 net 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 interests 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:
a. The plaintiff is a responsible parent who can best
take care of the minor child and has provided for the
emot ionnl and phys icnl needs of tho: chi Id since her
hirth.
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b. The ddeml"nt hils shown hy his abus" of the
plllinllff lhllt tw Is nllt IIIl appropriate role ml'del for
the minor chi iiI.
c, The defendllnt'" hehllvior hilS IIdversely IIffectee!
the chile!.
'MlERF:fORF:, pursuant to the provisions of the "Protection from Abuse Act"
of Octoher 7, 1976, 23 P.S. g6101 et "eQ., liS IImended, the plllintiff prays this
Honorable C~urt to grant the following relief:
A, Gran, a Tempomry Order pursUllOt to the "Protect ion from Abuse
Act:"
1. Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse;
2, Ordering the defendant to refrain from harassing and
stalking the plaintiff and from harassing her relatives and
the minor chi Id;
4, Prohibiting the defendant froro entering the plaintiff's
place of employment;
5. Prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the parties or
owned by the plaintiff;
6. Grant ing possess ion of the home located at 11 Thomas
Drive, Mechanicsburg, CUmberland County, Pennsylvania, to the
plaintiff to the exclusion of the defendant for a period of
not less than six months, and ordering the defendant to stay
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nWIIY from IIny r"s fdenCl' the plllint i ff mllY estnbl ish for
h"rs,," perulfn/! IL ffnlLl md,,1' In this mlltter;
7. Order Ing th" II"fendlLnt to provide Nul tlLble Il/ ternllte
housing for till! pllllnt iff 11/1<1 th" .nlnor chi Id, IInd
Il. Ornnt Ing t"mpol'lLry cu,Ntody of th" minor child, Kal'll
Nicole IIdnly, to th" pllLlntlff.
B. Schedule a h"lIring in IIccordllnc" witb the provisions of the
"Protect ion from Abuse Act," lind, after such hearing, enter nn order to be in
effect for II period of one year:
I. Ordering the defendant to refrain from abusing the
plaintiff or plncing her in fear of abuse.
2. Ordering the defendant to refrain from hllrassing and
stalking the plaintiff and from harassing her relativeM and
the minor chi Id.
3. Prohibiting the defendant from entering the plaintiff's
place of employment.
4. Prohibiting the defendant from removing, damaging,
destroying or sell ing property joint Iy owned '>y the part ies or
owned by the plaintiff.
5. Granting possession of the home located at II Thomas
Drive, Mechanicsburg, CUmberland County, Pennsylvania, to the
plaintiff to the exclusion of the defendant for a period of
not less than six months, and ordering the defendant to stay
away from IIny residence the plllintiff IfoIlY establish for
hersel f pending IL final order in this matter;
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6. ordering the ddendllnt 10 provide suitllble ILlternllte
hou:ilng for the plllint iff IInd the minor chi 1<1.
7. Gmnt ing support to the (1l1rt les' minor chillI in the
1II11<lUnt or $75.00 pur wuuk plIYllblu tll the plnint I rr in tho rurm
or II check or mnn('y ordu.., mlllle,l to hu.. residence, nnd
directing Lhu duron<lllnl tn pny 1111 or tho unrulmhurlied medical
expenses of the minor chi 1<1 of the defendant to thu provider
or to thu plaint i ff when she has paid for the medical
treatment and directing the defendant to make or cant inue to
make mortgllge payments on the residence of the plaintiff at II
Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania.
8. Ordering the defendant to PILY $250.00 to reimburse one
of Legal Services, Inc. 's funding sources for the cost of
litigating this case.
9. Ordering the defendant to attend, participate in, and
successfully complete ~he Tressler Lutheran Services' program,
Stopping Violence and Abuse: A Group for Men, according to the
conditions of tre program's contract. Registration in the
program to begi n immed iate ly upon entry of the Protect ion
Orde r .
The plaintiff further asks Lhat this Petition be filed and served without
payment of fees and costs by the plaint Iff, pending a further order at the
hearing, and that certified copies of this Petition and Order be delivered to the
Shiremanstown, Mechllnlcsburg, IInd si Iver springs Rnd Lower Allen Townships Pol ice
Department which hllve jurisdiction to enforce this Order.
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INSTRUCTIONS TO THE DEFENDANT
As you know, the plaintiff has filed a legal action against you under the Protection
Fro. Abuse Act and has obtained a Te~porary Protective Order. The plaintiff is prepared to
have a hearing held in order to obtain a Final Protective Order effective for one (1) year.
.'VJ an alternative, you II8.Y consent to the entry of the Pinal Protective Order to be in
eerect for one year. If you are willing to consent you should call Legal Services, Inc.,
243-9400 or 766-8475, and ask to speak to the starr person handlill8 the case about a Conaent
Agreelllln t .
The COnsent Agreement should be prepared before the time scheduled for the hearing so
the COurt wi 11 know ahead of time that the case will not be contested. In some cases,
regardless of whether a settlement by COnsent Agreement has been reached, the parties must
appear in court at the time scheduled for hearing. If the case is uncontested, the court
appearance will be brief. The judge will make sure the parties understand the Consent
Agreement and final Protection Order. If you do not agree to the entry of the Protection
Order, a contested hearing will take place at the scheduled time. When the Protection Order
is entered, a certified copy will be sent or given to you, the plaintiff, and the appropriate
police departments. If you fail to abide by the terms of the Protection Order you will be
subject to immediate arrest, and a fine of $100.00-$1,000.00 and/or a jail sentence of up to
six months and other relief.
FEES AND rosTS
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 ordered to pay $250.00 to reimburse
CUmberland County, one of Legal Servictls, Inc.'s funding sources, in lieu of attorneys' fees,
as reimbursement for the costs of litigating this matter.
You have the right to be represented in this matter. You should take the legal papers
that have already been served on you to your lawyer immediately. If you do not know of an
attorney or cannot afford one, you may contact: Court Adalnistrator,.4th Ploor, cu.berland
C~ty Courthouse, C.arllslo, FA 17013. Tolophone: (717) 240-6200.
yeM old daughter, Kara, had been asleep on the seat of the
plaintiff's truck, but was awaken by the jolt from the vehicle, and
began screaming and crying. When the defendant realized the child
was in the plaintiff's truck, he stopped pushing it, but got out of
his vehicle, punched the hood of the plaintiff's truck twice, then
kicked the door to the vehicle before he took the child out. Once
inside the house the defendant put the child down, followed the
plaintiff into the kitchen, grabbed her by her shOUlders, and shoved
her backward causing her to fall to the floor on her buttocks. The
defendant then followed the plaint iff into the I iving room and
kicked her approximately 8 times in the buttocks and on the tail
bone wi th his construct ion boots as she tried to move away from him
causing her to fall onto the recliner chair. The defendant
threatened to kill the plaintiff, grabbed her by the throat, and
pushed her down against the recl iner forcefully causing the recl iner
to tip over backward. The defendant yelled at the plaintiff to go
to bed, and as she tried to go upstairs with the child, he kicked
her again in the tail bone. The plaintiff telephoned 911 for help
and the defendant pulleel the telephone cords from the walls upstairs
/Inel downstairs. The Silver Spring Township and MechllnicRburg Police
I1ePllrtments responded, IInd the defendnnt was chnrged wi th
harassment, R impl" aRsnu It, /Il1e1 reck lesR endangerment. A hearing
before District Justice Fnrner was held on May 22, 1996, and the
chnrges were hound over for trial. The plaintiff sustained injuries
i nc I ud i ng hru i s j ng nuou t he r uu tl ocks nnd wr i stand soreness abou t
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including bruising about her buttocks and wrist and soreness about
her tail bone and buttocks as a result of this incident.
b) In or about early March, 1996, the defendant lunged at the
plaintiff, and even though her friend placed herself between the
defendant and the plaintiff to shield the plaintiff. the defendant
grahbed the plaintiff by her arm, letting go only when the friend
persisted in intervening.
c) Since approximately 1990. the defendant has abused the
plaintiff in ways inclUding, but not limited to. pushing, shoving.
slapping. grabbing, choking, and kicking her. The defendant punched
the plaintiff in the eye during one incident causing a bruised and
swollen eye, headaches, and blurred vision. In addition, the
defendant has threatened to kill the plaintiff on several occasions.
On several occasions and as often as three times a month, fearing
for her safety and that of her child, the plaintiff has taken the
child and left the home staying at her mother's to a~oid further
abuse from the defendant.
S. The plaint I ff be lleves and therefore avers that she is In InlDledlate
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 defendllnl be enjoined from harMsing
and stalking the plaintiff, ami from harassing her relatives. or the minor
chi Idren.
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7. The plaintiff desires that the defendant be restrained from entering
her place of employment.
8. The plaintiff desires that the defendant be enjoined from removing,
damaging, destroying or sell ing any property owned joint ly by the part ies or
owned by the plaintiff.
B. EXCLUSIVE POSSF.sSION
9. The home from which the plaintiff is asking the Court to exclude the
defendant for a period of at least six months is owned in the name of Clarence
H. Heinly, III.
10. The defendant agreed to move to his mother's home at 633 Williams
Grove Road, Mechanicsburg, Cumberland County, Pennsylvania, during the six-month
exclusion period.
II. The plaintiff desires possession of home so as to give the greatest
degree of continuity to the life of the child.
12. Tile plaintiff desires the defendant to provide suitable alternate
housing for her and the parties' minor child.
C. SUPPORT
13. The defendant has a duty to support the parties' minor child.
14. The plaintiff Is in need of financial support from the defendant
including, but not limited to: payment of unreimbursed medical expenses for t.he
minor ch i ld, the mortgage payment on the res idence at II Thomas Drive,
Mechanicsburg, CUmberland County, Pennsylvania or rent for suitable alternate
housing.
15. The defendant is temporarily laid off from John Keener Construction
Company, but receives Unemployment Compensation checks of $250.00 minimum weekly.
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she is single.
The plaintiff currently resides with the following person:
~ Relationship
Kara Nicole Heinly daughter
The defendant, Clarence II. Heinly, III, the father of the child, currently
resides at 6JJ Williams Grove Road, Mechanicsburg, CUmberland County,
Pennsylvania.
He is single.
The defendant currently resides alone.
20.' The plaintiff has not previously participBted in any litigation
concerning custody of the above mentioned child In thla or Bny other Court.
21. The plaint iff has no knowledgll of any cuatody proceedinss concllrnlns
this child pending before a court In this or any othllr 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
rishts with respect to the child.
23. The best Interests 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:
a. The plaintiff is a responsible parent who can best
take care of the minor child and has provided for the
eoot ional and physical needs of the child since her
birth.
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b. The defendant has shown by his abuse of the
plaintiff that he is not un appropriate role model for
the minor child.
c. The defendant's behRvior hRS adversely affected
the chi Id.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act"
of October 7, 1976, 23 P.S. g6101 ~ ~., as amended, the plaintiff prays this
Honorable Court to grant the following relief:
A. Orant a Temporary Order pursuant to the "Protect Ion from Abuse
Act :"
I. Ordering the defendant to refrnln from abusing the
plaintiff or plnclng her In fear of abuse;
2. Ordering the defendant to refrain from harassing and
stalking the plaintiff and from harassing her relatives and
the m\;tor child;
4. Prohibiting the defendant from entering the plaintiff's
place of employment;
3. Prohibiting the defendant from removing, damaging,
destroying or se \1 ing property joint ly owned by the part les or
owned by the plaintiff;
6. Orant ing possess ion of the home located at 11 Thomas
Drive, Mechanicsburg, Cumberland County, Pennsylvania, to the
plaintiff to the exclusion of the defendant for a period of
not less than six months, and ordering the defendant to stay
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away from any residence the plaintiff IIIllY estp.bllsh for
herself pending 8 final order In this matter;
7. Ordering the defendant to provide sui table al ternate
housing for the plaintiff and the minor child, and
8. Grant Ing temporary custody of the minor chi Id, !<ara
Nicole Heinly, to the plaintiff.
B. Schedule a hearing In accordance with the provisions of the
"Protect Ion from Abuse Act," and, after such hellrlng, enter an order to be In
effect fa,. a period of one year:
I. Ordering the defei1dant to refrain from abusing the
plaintiff or placing her in fear of abuse.
2. Ordering the defendant to refrain from harassing and
stalking the plaintiff and from harassing her relatives and
the minor child.
3. Prohibiting the defendant from entering the plaintiff's
place of employment.
4. PrOhibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the parties or
owned by the plaintiff.
S. Granting possession of the home located at II Thomas
Drive, Mechanicsburg, CUmberland County, Pennsylvania, to the
plaintiff to the exclusion of the defendant for a period of
not less than six months, and ordering the defendant to stay
away from any residence the plaintiff may establish for
herself pending Il final order in this matterj
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6. Ordering the defendant to provide suitable al'.ernate
housing for the plaintiff and the minor child.
7. Ortmt Ing support to the part les' minor child In the
amount of $75.00 per week payable to the plaintiff In the form
of /1 check or money order, I1Ullled to her residence, and
dl rect Ins the defendant to pay all of the unrelmbursed medical
expensell of the minor chi Id of the defendant to the provider
or to the plaintiff when she hall paid for the medical
treatDent and directing the defendant to make or continue to
make mortgage payments on tho residence of thfl plaintiff at Ii
Thomas Drive, Mechanlcsburg. Cumberland county, Pennsylvania.
8. Ordering the defendant to pay $250.00 to reimburse one
of Legal Services. lnc.'s funding sources for the cost of
litigating this case.
9. Ordering the defendant to attend. participate in. and
successfully complete the Tressler Lutheran Services' program,
Stopoln2 Violence and Abuse: A Group for Men, according to the
condit Ions of the program's contract. Reglstrat ion In the
program to begin immediately upon entry of the Protection
Orde r .
The plnintiff further asks that this Petition be filed and served without
payment of fees and costs by the plain: iff, pending a further order at the
he/1ring, and that certified copies of this Petition and Order be delivered to the
Shiremaflstown, Mechanicsburg, and Si I ver Springs aod Lower Allen Townships Police
Department which have jurisdiction to enforce this Order.
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