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HomeMy WebLinkAbout96-04896 :.)11) ,11~l'HjJ~ MICHELLE L, MARTIN, Plaintiff V. IN THE COURT Of COMMON Pl.EAS OIl CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROT1!CTION IlIWM AnUS1!ICUSTODY OREOORY EYER, Defendlllll NO, 96- 1/'1'71" CIVIL Tm~M . . AND NOW, Ihls 1iJ. day ~ f'l.i;f1996, upon presentation and consideration of Ihc wllhln Petition, llIld upon llndlng that plaintiff. Michelle L, Marlin. residing III Cumberllllld County, Pennsylvania, Is In Immediate and pre~ent danger of abuse from defendlll1l, Oreaory Eyer, the following Temporary Order I~ entered, l. Defendlll1t, Gregory Eyer, Is hereby enjoined from physically abusing or harassllla plaintiff, Michelle L. Martin, or placing her in fear of abuse, either personally or Ihrouah his agents. 2, Defendant, Gregory Eyer, 15 hereby ordered to slay away from petllloner's residence al 449 Hunter Road, Newville. Cumberland County, Penllsylvllllla. 3, Prohlblllng the defendant from harassing, threatening, or atlacklng. ellher verbally or physically, the plalntlfrs relatives or friends; 4, Prohibiting the defendant from ye11lng at or screaming al or bad mouthing Ihe plaintiff alany time alld especially In Ihe presence of her child. S, Prohibiting Ihe defendant from llIlY telephone conlacl with plaintiff eltcepl for Ihe , sole purpose of discussion of Ihelr child; ". 6, Dlrccllns the defendonllo pay the admlnlstrallve cosls and fees required for nllnS Ihe Pellllonl 7. Any such other relief as the Court deems approprlale and jus!. 8. A violation of Ihe Order may subjcctthe defendant 00: I) arre~1 under 23 Pa,C.S. 16(13111) a private criminal complalnl under 23 Pa,C,S, 16113,1; III) a charse of Indirect criminal conlempl under 23 Pa,C,S. 16114, punishable by Imprlsonlllenl up to six months nnd a nne of $100,00.$1,000.00; and Iv) civil contell1pl under 23 Pa,C,S, 16114.1. Itesulllplloll of co-resldellce on Ihe port of the plnlnUff and defelldant shallllut nullify the provisions of the court order. 9, Temporary custody of Coddy Eyer, Is hereby awarded to plaintiff, Michelle L, Martin, 10, A hearing shall be held In this mailer on Ihe qU duy ofh~t996 al .): 00 . In Courtroom No,..J.,.. Cumberland County Courthouse. Carlisle, Pennsylvania, II. The Newville Police Departlllent shall be provided wllh a certll1ed copy of this Order by Ihe plalntlfrs allomey. This Order shall be enforced by any law enforcemenl agency where a violation occurs by arrest for Indirect criminal contempt wllhout warrant uj>On probable cause that this Order has been violated, whether or not the vlolallon Is com milled In the presence of the police offlcer, In the event that an arrest Is made. under Ihls section. Ihe defendanl shall be taken wlthoul necessary delay before the court that issued the order. When that court is unavailable. the defendant shall be taken before the approprlale dislrlctjustlce. (23 P.S.161(3). , ~! '!J t..: II " ~l' 'M ltfi .~ ... I", I (', .. H. ',l~ J U: ,:t ~ I . . lei" I, ,': n.) :.11 ffi 0.; ~J ", ij IH 'J /, ~ '-5 , , ..,J- ,I '-I Il I Jt " tl1 c1iL I' " I, ,. , , , " , .1 , , " " , I " , , ., i Ii MICHELLE L. MAltTIN, Phdntlff v, I IN THE COUltT OF COMMON PLEAS Of I CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : IN PROTECTION FROM AnUSE I OREOORY EYER, Defendant 1"/1" NO, 96. " CIVIL TEltM PETITION FOR I'IWTECTION IrROI\~ ABUSt The petition of Michelle L. MArtin respectfully repre.ent. as follows I 1. plaintiff is an adult individual who is residinq at 449 Hunter Road, Newville, Cumberland county, Pennsylvania 17241. 2. Defendant is an adult individual who is residinq 45 Newburq Road, Newburq, Cumberland county, Pennsylvania 17240. 3. Miohelle L. Martin and Gregory Eyer are the natural parents of Caddy W. Eyer, born, October 17, 1994. 4. There is presently pending a custody case between the plaintiff and the defendant involving Coddy Eyer. 15. Plaintiff has been plaoed in tear of imminent bodily injury and or death. This has included but is not limited to the followinq instances of abusel a. 011 or about I\ugust 20, 1996, defendant threatened to kill the plaintiff after a domestio 'C'elation hearing. Defendant followed the plaintiff to her car after a domestio relation hearinq. The defendant proceeded to start an argument with the plail.tit!. The defendant started to yell at, scream at and act in an inappropriate manner towards the plaintiff. Ouring this time the defendant stated that "I will get even with you." Before the plaintiff oould leave, the defendant stated that "I will kill you." b. Before the August 20th inoident, the defdndant had previously threatened to kill the plaintiff. On August 1, 19911, the defendant had stopped by the plaintiff's p1aoe of emploYnlrtnt. While he was at the plllintiff's place of employment, he started an argument with the plaintiff ooncerning the oustody of Coddy. Defendant stated that "if I had a gun, I would blow your head off." o. Since July 22, 1996, tha defendant has oontinuously followed the plaintiff from her residence to other looations and has made harassing phone calls to thsse looations. d. On information and belief, defendant has physioally abused his former spouse. e. Defendant gets highly intoxicated on the weekends and displays violent tendenoiest (i) Defendant has thrown one ot the plaintiff I s ohild against a wall after she had knocked over a shower rod. (ii) On information and belief, the defendant has thrown a telephone against a window causing the window to shatter after a phone call with plaintiff. h. On several occasions the defendant has yelled at, soreamed at and bad-mouthed the plaintiff in front of her child. 6. Based on the escalating inoidents of threats, stalking, and dangerous behavior, the plaintiff bellevIJs and therefore avers that she is in immediate and present danger of ser10ulJ abuse from detendant and that she is in need ot proteotion trom abuse. WHJ,I;REFORJ,I;, pursuant to the prOVisions of the "Proteotion From I\buse Aot" 23 Pa.e. S. S610~ et seq., the plaintirt prays this Court to 'iJrant: the followin'iJ roUetl 1\. Grant a Temporary Order pursuant to the "Proteotion From I\buse I\ot" 1 1) Direotinq the detendant to retrain from abusing the plaintiff and from plaoin'iJ her in fear of immin.nt serious bodily injury either pllrllonally or throu'iJh his agllntsl 2) Exoluding thll defllndant from entering plaintiff'. ourrent rllsidenoll or IIny rlIsidenc:e that plaintiff oooupies, and from entering onto the property of suoh residenoe. 3) prohibiting the defendant from harassing, threat-",ing, or attaoking, either verbally or phYBioally, the plaintiff's ~e1ativeB or fr.iendsl 4) prohibiting the defendant: from yellinq at or Bcreaming at or bad mouthing the plaintiff Ilt any time and eBpec1ally in thll presenoe 'if her child. 5) prohibitinq the defendant from any telephone oontaot with plaintiff except for the Bole purpose of disoussion of their child I 6) Direoting the defendant to pay the administrative oosts and fees required for filing the Petition, 7) Any such other relief as the Court deems appropriate and jUBt. B. SchedUle a hearing in accordance with the provisions of the "Protection From Abuse 1I0t.1I, and after such hear inq, enter an d ~. , ' ., ~ VI 11,. ,', I..: r~~ II ] ~~.;~ - i. IJ, :1; ~ ~ 'I" \.1. " ~. , , ,:r '" ~" - ,I;'., Jj'l- I L.II ' ~I ffr;J TJ. fo.. .' , ~ U1 ,- , " I, II , "" .. I) I, " I , " " ,. " ,I , I .\ :, " I ,f,' I, ,"I, " II I, " I, I ,I I, I, " u , , 'I " , I " v, IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACrlON.LAW I IN PROTECTION FROM ABUSlUCUS1'ODY MICHELLE L. M^RTIN, PJalntJrf OaOOORY EYI!R, Defendant NO. 96-4896 CIVIL TERM AND NOW, .'.l~t 1996 the parties having reached an Rgreement on I disposition of this pl!tltlilr, the COlin I1l:CeplS their ugrcc,".nt and orders as follows: I. The defendant, Gregory Eyer, shllll not: a. Hams, threaten, or aUllck, either verbally or physically, the plaintiff or her relatives or friends; b. Yell at or IICream at or btld mouth the plaintiff at any time and especilllly In tile presence of h~r child: c. Call thle plaintiff on the telephone except 'or the sole purpose of dillCunion of their child. 2. DcfendllJ\t shall remain away from the plaintiff's residence for one year. 3. WIUI respect to till: custody of the parties' child, Coddy W. Eyer, the plaintiff and defendllJ\t will follow the Franklin Cllunty Custody Order or any modlflcatlon to this Order except thllt the drop-off and pick-up locRtion and time of the child will be as follows: At exactiy 5:00 p.m. in the parking lot of Saylor's Market, 37 Carlisle Road, Newville, PA 17241. 4. For the purr.c.se of tlre'prlng-off Jnd picking-up the child, the defendant shall use his btst cffllrts to be on time and defendant shall not hamss, tllrcatcn, or behave Inappropriately '\1.. _ ,I I \J~IJ MICHELLE L. MARTIN, Plaintiff v, IN THE COURT OF COMMON PLl!^S OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM AnUSIUCUSTODY OROOORY EYER, Defendant NO. 96-4896 CIVIL TERM CONSENT AGREEMENT AND NOW, thl. II day of (J c t , 1996, the partlea having reached an aan:cment on I disposition. of this petition, enter Into the foliowing settlement to be made an Order of Court, 1. Without admitting any of the allegations of the petition, the defendant agrees that he will not: a. Harass, threaten, or attack, either verbally or physically, the plaintiff or her relatives or frllendsi b, Yell at or scream at or bad mouth the plaintiff at any time and especially in the presence of her child; c, Call the plaintiff on the telephone except for the sole purpose of discussion of Ulclr child. 2. Defcndl1l1t shall rcmaln away from the pllllntlfrs re:iidcncc for one yw. 3. With respect to the custody of the parties' child, Coddy W. Eyer, the plaintiff and defendant agree to follow the Franklin County Custody Order or any modiflcation to this Order except that the plaintiff and defendant agree that the drop-off and pick-up location and time of the child will be as follows: At exactly 5:00 p.m. in the parking lot of Saylor's Market, 37 CarUse Road, Newville, PA 17241.