HomeMy WebLinkAbout96-04842
Christiana L. Janowski,
PlainU ff
IN 'rII~: COUR1' OF COMMON Pl.EAS OF
cUMllERl.AND COUNTY, PENNSYINANIA
NO. 96- 't*/lJ CIVIL. 1'ERM
PROTECTION FROM ABUSE
AND CUSTODY
v.
Jack V. Valentin,
Defendllnt
TEMPORARY ~1~~Q1'.lQt.umJlEB
ANn NOW, this ,:3JII1.._ dllY of AUllllHt, 1996, upon PI'IlS'lOt./lt.ion
and consideration of the within Petition, and upon findlnll that
the plaintiff, Christiana (.. ,Ianowsld, now rosldlng Ill'. 517 Slieond
Street, Carlls]e, Cumber']/lnd Count.y, Pennsylvllnia, Is in
immediate and present danger of IIbuse from the defendant, Jaek V.
VII]entln, t,he followlnll Temporllry Order Is entered.
The defendllnt, Jllck V. Valentin, (SSN: 076-69-9914 and date
of birth: ]0/17/69) now resldlnll III'. :107 Market Street, P.O. Box
90, Dlluphln, Dallphln COllnty, Pennsyl vani'l, Is h(~rl'by "nJoined
from phYl<iclIl]y abuslnll Ule pl,dnUff', Chl'ist.lRna L. Janowski, or
p]/lclng her In r"ar cd nbus",
The defendRnt II< ordered t.o stay IIway from the plaintiff's
residence locnted at. 517 Second Street, Carlisle, Cumberland
COllnty, pennsylvania, a residence which IB leRsed solely by the
plaintiff, and IIny other r""ldence the plaintiff may establish.
Tho defendllnt Is ordered t.o refrllln from hllvlnll any direct
or Indirect contllet with the pllllnt.lff incJlldln~, but not limited
to, telephone and wrltt.en eommunlclltionB.
The defendRnt Is enjoIned from hnrllRBln~ and stalking the
plaintiff and from harllBslng the plRlntiff'1< relatlvel<.
Cumberland County Courthou~o, CarllKlo, Pennsylvania.
The plaintiff may proceed without pre-~ayment of fees
pending a further order after the hearing.
The Climber land County Sheriff's Department shall nttempt to
make service at the plllintiff's request and without pre-payment
of fees, but serviee mil' be aceomplished under any applicable
rule of Civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary ahll] I not send a eopy of this Order to the defendant
by mai 1.
The Carlisle Police Department will be provided with a
certified copy of this Order by the plaintiff's attorney, This
Order shall be enforced by any law enforcement agency where a
violation oecurs by arrest for indirect arimlnal contempt without
warrant upon probable cause that this Order has been violated,
whether or not the violation is committed in the pre~ence of the
police offieer. In the event that an arrest is made under this
section, tho defendant shall be taken without unnecessary delay
before the COlll't that issued the order. When that court is
unavailable, the defendant shall ~e takon before the appropriate
district, Just.1ce. (23 Pa.C.S. g 6113).
By the Court,
,Iudlle
This has Included, but is not limited to, the followina specific
Instances of abusel
a. On or about August 1~, 1996, while the plaintiff
was holding her three week old baby, the defendant put
his fist In her face and then forcefully pushed her in
the face cRusing her to fear for her safety.
b. On or about April 7, 1996, while the plaintiff was
In a vehicle with the defendant, he became angry, sped
up the vehicle, drove recklessly going through red
lights and driving off the road causing the plaintiff
to fear for her safety.
c. On several different occasions from approximately
January 1996 through March 1996, the defendant
forcefUlly pushed the plaintiff and grabbed her by the
neck.
d. In or about Pecember 199~, when the plaintiff was
approximately seven weeks pregnant, the defendant
walked toward the plaintiff In a threatening manner.
As she walked backwards to get away from him, he
grabbed her and pushed her towards a set of stairs
continuing to push her down the stairs to a second
landing where she sat down fearing that he was going to
push her down the rest of the stairs. The defendant
then grabbed her legs preventing her escape. The
defendant forcefully kicked the plaintlff's cat down
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the stairs. When the plaintiff was able to get to her
feet, the defendsnt grabbed her by the arm and hsir and
drasged her down the rest of the stairs. At the bottom
of the stairs the plllintiff sat down, but the defendant
srabbed her by the legs and pulled her about ten feet
to the front door. As II result of the defendant's
action, the plaintiff had bruises on her legs and arms
and soreness on her head.
e. Since approximately March 1995, the defendant has
on several different occasions pushed the plaintiff,
grabbed her by the arms, hair and neck, and repeatedly
choked her. On one occasion, the defendant forcefully
shoved the plaintiff into a wall causing a hole in the
wall. On other occasions when the parties argued, the
defendant got his hand gun out, cleaned it, loaded it,
unloaded it, and took it apart in front of the
plaintiff causing her to fear for her safety.
S. The plaintiff believes and therefore avers that she is
in immediate and prescnt dangcr of abuse from the defendant 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
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communications, except for the limited purpose of facilitating
custody arrangements.
7. The plaintiff desircs that the defendant be enjoined
from harassing and stalking the plulntlff, and from harassing the
plaintiff's relatives.
8. The plaintiff desires that the defendant be rcstuined
from entering her school or the day care facility of the minor
child.
9. The plalntfff desircs that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
solely by the plaintiff.
10. The plaintiff desircs thllt Rny weapons the defendant
owns, possesses, and has used or threatened to use against the
plaintiff be confiscated by thc Sheriff's Department.
II. EXCIJISIVE POSSHSSIQtf
II. The apartment from which the plaint iff is asking the
Court to exclude the defendant is rented in the plaintiff's name.
12. The plaintiff currently has no permanent place to stay
with her child except her residence. and the defendant has
/levernl friends in the area with whom he can stay.
13. The plaintiff desires possession of the apartment so as
to give the greatest degree of continuity to the life of the
chi Id.
C. RE I NBtJR.SENENT FOR COST OF CASE
14. The plaintiff allks that the defendant be ordered to pay
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16. The plaintiff hus not previously participated In any
Iltlsatlon concerning custody of the above mentioned child in
this or any other Court.
17. The plaintiff has no knowledge of any custody
proceedinas concerning this child pending before a court In this
or any other jurisdiction.
18. 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 vislCatlon rights with respect to the child.
19. 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 thc minor child and who has provided for
the c~otional and physical nceds of the chilu since her
bi rth.
b. The defendant has shown by his abuse of the
plaintiff that hc 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 Pa.C.S. 9 6101 ll.!lJtil., as
amended, the plaintiff prays this Honorable Court to grant the
follOWing relicf:
A. Grant a Temporary Order pursuant to the
"Protection from Abuse Act:"
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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 ilmited to, teiephone and
written communications, except to facilitate
custody arrangements.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff an~ from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's schooi or the day care facility of the
minor chiid.
5. Prohibiting the defendant from remOVing,
damaging, destroying or sel ling property owned
solely by the plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence located at 517 Second
Street, Carlisle, Cumberland County, Pennsylvania,
and any other residence the plaintiff may
establish, except for the limited purpose of
transferring custody of the parties' child. The
defendant shali remain in his vehicle at all times
during the transfer of custody.
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7. Orantins temporary custody of the minor child
to tbe plaintiff.
8. Ordering the defendant to relinquish to the
sheriff's department any weapons which he owns,
possesses or has used or threatened to use against
the plaintiff, and prohibiting the defendant from
acquiring or possessing any other weapons for the
duration of the order.
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:
1. 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 the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's school and the day care facility of
the minor child.
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5. Prohibiting the defendant from removing,
damaging. destroying or selling property owned
solely by the plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence located at 517 Second
Street, Carlisle, Cumberland County, Pennsylvania,
and any other residence the plaintiff may
establish, except for the limited purpose of
transferring custody of the parties' child. The
defendant shall remain in his vehicle at all times
during the transfer of custody.
7. Ordering the defendant to relinquish to the
sheriff's department any weapons which he owns,
possesses or has used or threatened to use against
the plaintiff, and prohibiting the defendant from
acquiring or possessing any other weapons for the
duration of the Order.
8. Ordering the defendant to pay $250.00 to
reimburse onc of Lcgal Services. Inc. 's funding
sources for the cost of litigating this case.
The plaintiff further asks that this Petition be filed and
served without payment of fees und costs by the plaintiff,
pending a further order nt the henring, and thnt 8 certified copy
of this Petition and Order be delivered to the Carlisle Police
Department which have jurisdiction to enforce this Order.
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Christlana L. Janowski,
Plalntiff
IN THE COUR'r OF COMMON Pl,EAS OF
I
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JackV. Vlllentln, I
Defendant I I'rtOTEC'l'ION FROM ABUSE
I AND ClJSTOnV
~illJJlliIDlAJj!jE
ANn NOW, t.hls ~__._ d.lY of Sept.ember, 1996, upon
eonsideration of the Att.llched Motion for Cont.inuance, Is hereby
CUMBERI,AND COUN'ry, Pf:NN5Yl,vANIA
v.
NO. 96-4842 CIVIL TERM
continued Ileneral]y. ThlB Order Is entered without preJudice to
either party to rtlqUl!Bt A heurln~.
The Temporary Prot.ectlon Order BhaII remain in effect for
one year or until modified or terminated by the court.
The Cumberland COllnty Sheriff's Department shllII attempt to
make service at. t.ho pl.linUff's request and without pre-payment.
of fees, bllt servlctl mllY be accomplished under Any applicable
rule of Civil Procedure.
A cert.ifled eopy of this Order for Continuance will be
provided to the Carllsle Police Depllrtment by the plalntlff's
attorney.
Joan Carey
Attorney for Plaintiff
r, Judge
I)J \ J I, I t
} llij'l I L
t1. r'1f,
t.
Jack V. Valentin
1'1'0 Sf!
~) (}. II l/" "-. rl- 1 ff,
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Cumberland County, Penn~rlvBniB, and any other re~idanoe the
plaintiff mar estahllnh, except for the ]Imlted purpose of
visiting with the child aecordlng to the attllched cu~todr Order.
7. The defondllnt Is ordered to relinqllish to the sheriff'~
department any weaponn which he own~, possesses or has used or
threatened to liKe allaini'lL the pllllntlff. The defendant In
pr'ohibi ted fr'olll Ilc:qu i,l'Irlll or' pOBSeHtli n~ Iltly other weapons for the
durlltlon of the Order.
8. The court costs and fees are wlliVed.
9. ThiB Order shall relllaln in effect for II period of one
yeur or until modified or t.erminated by the Court. The Order can
be extended beyond its original expirllt[otl date if the Court
finds that the defendllnt. hllH committed another aet of abuse or
has englllled In Il pattern or practice that Indicates continued
risk of harm to the plaintiff.
10. This Order' may subJect the defendant. to: i) arrest
under 2:1 Pa.C.S. ~6113; [I) a prlvnt.e criminal complaint under 23
Pn.C.S. ~6113.1; Iii) a charlle of indlreet. criminal eontempt
under 23 Pa.C. S. g61l4, punishable by Imprisonment. up t.o six
months und a fine of $100.00-$1,000.00; IInd iv) eivll cont.empt.
under 2:1 Pa.C.S. ~6114.1. Resumption of co-residence on the part.
of the p]aint.iff nnd defendant. shall not. nullify the prOVisions
of the court order.
11. The Carlisle Pollee Department shall be provided with a
certified copy of t.hls Order by the plnintiff'n at.torney and mllY
enforce this Order by arrent for indirect criminal eon tempt
wlthollt warrant upon probable naUKO that this Order has been
violated, whether or not the vlolat.lon III committed In the
preaence of a police officer. In till' event thllt. an /lrrelBt is
lII,ule under this aection, Ull' defendllut shall IIll tuken without.
lInnecesBl1ry delay befor'll the COllJ't t.hut. IKRIII..1 the order. When
tha t call t.t i a lInava !lub] e, the de felldllll t shull be t"llen be fore
the IIpprol'riute dlMt/:'ict JUSt.iC'h (2:1 pll.e.s. ~ 11113).
By the Cour't,
Oeo
udlle
Joan Care)'
Attorney for Plaintirf
Jack V. Valentin
Pro Be
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chrlatlun~ L. Janowakl,
Pllllntlff
v.
IN Tin: cOUI~'r cW COMMON PI.EAS cW
CUMllJi:RI,ANlJ COlJN'I'V, P~:NNSYINANtA
NO. 91\-41l42 CIVil. '1'lmM
.II\(!k v.
V,lI en t.l n,
Dl1fen<lllnt
PROTKCTJON FROM AOUSR
AND ClJSTODV
~T[)J1Y_ ~)Jl))YJl
t.hlB _____,~ I~,lof i>llpt.lll"bIH', 19911, upon
AND NOW,
eonslderatlon of tha pllrtlpH' Conaent Allrel1ment, the followlnll
Order is ent.orad wlt.h rn~nl'd to cust.ody of t.hn pllrt.ieB' chllcl,
Aut.umn M. Olpe-V,lI11nt.ln.
I. TIll! plulnLl ff, herelrlld'tl!l' r'efer'r,.,d t.o 'IS t.ho mother,
shllll hnve prlm'll'y physlenl IInd ]..t.!1l1 <:1If;t.o<ly of the child.
2. 'fhl' defl'ndllnl., Il<'l'elllllfl,er' r'l!ferr'ed t.o liS th.. fnther,
shill] have vlalt.at.ll.lon wlt.h the child on 'fhurBdllY evenings from
7:00 p.m. Ilntil 9::10 p.m, lit. the mot.her's rtlsldence or Rny ot.her
pI/Ice '1llrp,ad upon by t.h.. ll/\rUl!s. Thl! f'lthar shull bring one
person La the visit., olther' his moth,..." f'IUll>r, grandlllother,
s Ist.er or' Ilny ot.hnr' pnrHOtl '1Ilre.!d upon by t.he purt.les. If tho
flll.her IB not Ilolll!l to exce )~c i He his r'll1ht t.o v I si t.nt.ion, he
should not.lfy thp, moth"l' pr'lor t.o th.. t.ime of t.h.. vi Bit.
3 . 'fhp mothe!' nnd fath.'l', hy mut.ulIl nt.!I'l1ement, lII'lY vllr'y
from thlB sch."lule lit. IIny Ullltl, hut the Order shall remllin In
effect. lInt.l1 fUl'ther or'del' of cOllrt.,
4. 'fhe mot.h..r 'HId f'lUlpr' /lIlI'I'P thll,t. ellllh shall not! fy the
ot.her Immadlately of ml1dlcuJ pmorgl1ncien which ariBl1 while the
chi ld Is In t.hnt plIl'ont'R ""1."1'.
5. Nelthl"l' pur't.y nhull do IIn~'thlng which mllY I'Ht"lltllll" t.he
6. Tho dnfundant ngrueK to Ktn, nwn, from the plnlntiff's
rUllidence 1011atool Ill. 517 Second Stl'fwt, Clll'll.lIle, Cllllllherlnnd
COllnt.)', PennH)'lvllnlll, /llId /lrlY ot.hllr rllllldunllll t.he 1,llIlnt.lff may
eHt.obllllh, oxropt. for tho I Imlt.nd purpollo of vlllltlng with t.ho
child ,wllo,'dlnll t.o t.hl' /It.t'H'h,,d CUllt.ody OrdlH'.
7. The dof'elldllnl. "111'1"'1'1 to r'o]lnqulllh t.o t.ho ahel'lff'",
dupart.mont IIny WOllponll which hD ownH, pOHIIDsseH, hall used or
thront.enod to UHa IIglllnllt tho p]1l1ntlff. The defondnnt. agreea
not t.o IIcquiro or pOHSOSS Ilny othnr woaponll for tho durntlon of'
t.ho Order'.
9. The de fl!II,lnnl., al t.hough ont..r'llIg Int.o th I B Agreement.,
doe II not IIdmlt t.hu 1I1]ollatlonH mlldo In the Petlt.lon.
9. The defnnclllnl. undll"IIt.IllICIH thllt the Pr'oteet ton Or'der
cntercd in this mllttDr will hn In effnct. for Il period of one year
and eMI bo eXll'ndlHl beyond It. ort!!lrll" ..xpLr'llt.loll date if the
Court. finds t,hllt. t.he derotlClnnt. hilS commltt...d anot.her act. of abUliC
or has on galled In Il plltt.ern or prActice that IndLellt.es continued
risk of harm to t.ho plalnt.lff. Th.. defendllnt. understllnds t.hat
t.hl", Order wtll be enforeeablo In the "'ame mllnnnr as the Court's
prior Temporllry Prot..ctlon OrdBr ..ntnrnd In this cllsn.
10. Vlolat.ion of the Protection Order may sllbJeet tbe
def..ndllnt. to: I) Ilrrest. under' 2:1 PIl.C.S. g611:11 il) a pr'lvate
"rLmlnnl eomp]lIll1t linder' 2:1 Pu.C.S. gflI13.1. \.ii) a chnrlle of
LndLrect criminal cont.empt under 2:1 PIl.C.S. g6114, punishable by
imprtsonment up to Alx months Ilnd n fine of $100.00-$1,000.001
und Iv) civil eontf1mpt under 2:1 Pa.C.S. g6114.1.
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II. Tho de fondant. and tho plaintiff agreo to the entrr of
lIn Or"!oH' l'l'ovidlnll 1'111' tho fol.lowing l'l1llar'dlnll cUI:\l.<ldy of t.heir
l:hlld, Autumn M. Olpe-VIl]unt.ln.
1I. Th~ moth~r shill] hllvn primary phYl:\iclII and legal
cust.ody of' tho child.
b. Thn fllt.hor shill I hllve vlsltnt.itlon with I.he child
on 'J'hlll'stl'lY nVl'nlngs from 7:00 p.m. unl.ll R;30 p.m. lit
the mother'" resldl1nee or Iln, other plllee allreod upon
by tho parties. The father shall brlnll onu person to
the vlsil., oithor his mother, fllther, grandmother,
slst.er or 'lilY oth~r !,,>rnon Illlrl!ed upon by the partieR.
If the father Is not Iloln!l to exeerelso his right to
visitation, ho shollld not.lfy the mother prior to the
t.ime of t.h.. vi..lt..
d. Tho mol,hur und father, by mutual agreement, mAY
Vllrr from this schedule Ill. any time, but the Order
shall remuin In effed. unt.l J further o/'der of court.
e. The mot.hor and father IIgree thllt oach shall notify
t.he ol.her Immpdiat.~ly of ml'l!iclll pml'l'gencles which
arise whl]u tho child Is In t.hat pllront.'s care.
f. The mot.her and fllt.hpr roul I~o that their chlld'l:\
well bnlnll Is pl\rllmount 1.0 any dlffe/'nnceB t.hey mlllht
have botween thnmselvPH. Thprefore, the, agree that
nl!lthor pllrt.y "hall do IInythlng which may estrange the
child from the other pllrent., or InJure the opinion of
I.ho chi ld liS 1,0 the other purent. or which may humpor
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