HomeMy WebLinkAbout96-04981
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limited to, the foilowing specific instances of abuse:
a. On or about September 2, 1996, the defendant
became angry and threw a telephone causing the
plaintiff to fear for her safety.
b. In or about July 1996, while their two year old
daughter was in the bedroom, the defendant grabbed the
plaintiff, threw her onto the bed so that her head was
tucked under her chest, and put all his weight on her
body causing her to have a difficult time breathinl.
c. In or about February 1996. the defendant cornered
the plaintiff alainst a counter refusing to let her
leave. When the plaintiff atte.pted to escape, the
defendant grabbed her, threw her onto the floor, and
repeatedly banged her head against the floor causinl
her to lose consciousnesa for a ti.e and to have
loreness in her he.d, neck, and back. When the
plaintiff atte.pted to let up, she was still dizzy and
fell back down. AI Ihe was letting up again, ..n who
were yisitinl In the apart.ent coapla. heard the noise
and ca.. upstairs to check on the plaintiff ..kin. it
possible for her to let .way fro. tbe defendant.
d. In or about Janu.ry 1994, while the plaintiff wa.
holding th.ir Infant daughter. the defendant forcefull,
,uahed th. plaintiff a..inst a .all, held har there.
and drew hack hl~ fist In tbe thr.atenin, ..nnar
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causing her to fear for her safety.
e. In or about June 1993, the defendant grabbed the
plaintiff. picked her up. and dropped her down
approximately five cement stairsteps causing her to
have a bruised and swollen knee.
6. On or about September 3, 1996, the plaintiff took the
minor child and left their residence at 1524 Carlisle Road. Camp
Hill. Cumberland County, Pennsylvania. in order to avoid further
abuse.
7. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
should she return to the home without the defendant's exclusion
and that she is in need of protection from such abuse.
8. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff.
9. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or sellina any property owned
jointly by the parties or owned solely by the plaintiff.
8. EXCLUSIVE POSSESSION
10. The home from which the plaintiff is asking the Court
to exclude the defendant is rented in the naaes of the plaintiff
and the defendant.
tl. The plaintiff currently has no perm.nent place to stay
with her child except the marital home. and the defendant has his
parents and three sisters in the area with whom he can stay_
)
12. The plaintiff desires possession of the home so as to
give the greatest degree of cont InuHy to the life of the child,
C. SUPPORT
13. The defendant has a duty to support the plaintiff and
the minor child.
14. The plaintiff is in need of financial support from the
defendant including, but not limited to, sharing in paying for
any expenses that are incurred for the plaintiff and the child.
IS. The defendant is currently receiving Worker's
Compensation in the amount of $251.00 per .eek.
16. The plaintiff's income is insufficient to provide for
her needs and those of the child until such time as a support
order can be obtained by filing at the nomestic Relations Office.
17. The plaintiff intends to petition for support .ithin
t.o .eeks of the issuance of . protective order,
D. REIMBURSEMENT POR COST or CASE
18. The plaintiff asks that the defendant be ordered to p.y
$250.00 to reimburse one of legal Services. Inc.'s fund in.
sources for the cost of liti,atina this case.
~,_ TEMPORARY CUSTODY
The plaintiff seets temporary custody of the follo.ln,
19.
child:
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Pennsylvania.
He Is married.
20. The plaintiff haa 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 Interests and permsnent welfare of the minor
child will be met If custody is temporarily granted to the
plaintiff pending a hearing In this matter for reasons includinl:
a. The plaintiff is a responsible parent who can best
take care of the minor child.
b. The defendant has shown by his abuse of the
plaintiff that he is not an appropriate role model for
the minor child.
WHEREFOR!. pursuant to the provisions of the .Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. I 6101 ~ AtR.. as
amended, the plaintiff prays this Honorable Court to ,rant the
rollowlnl reli.r:
A. Orant a Temporary Order pursuant to the
"Protection from Abus. Act:.
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1. Ordering the defendant to refrain from
abusina the plaintiff or placing her In fear of
abuse.
2. Ordering the defendant to refrain from
harasaing and stalking the plaintiff.
3. Prohibiting the defendant fro. re~ving,
da.aaina, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
4. Oranting teaporary custody of the .inor child
to the plaintiff.
B. Schedule a hearing in accordance with the provisions of
the "Protection froa Abuse Act," and, after such hearing, enter
an order to be in effect for a period of one yelr:
.. Order!na the defendant to refrain fro.
abusina the plaintiff or placina her in fear of
abuse.
2. Orderina the defendant to refrain froa
harallina and stalkina the plaintiff.
3. Prohibit In. the defend.nt froa reMOyin.,
d....ln.. destroyin. or ..llln. property jointly
owned by the partie. or owned solely by tbe
plaintiff.
t. Orantln, polseasion of the ~ located at
.5lt Carli.'e Road. Ca.p Mill, CuMberland (~o'nty.
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Pennsylvania. to the plaintiff to the exclusion of
the defendant. 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.
S. Ordering the defendant to stay away from any
other residence the plaintiff may establish.
except for the limited purpose of transferring
custody of the parties' child. The defendant
shall reaain in his vehicle at all ti.es during
the transfer of custody.
6. Granting support to the plaintiff and the
.inor child in an appropriate amount according to
the support guidelines payable to the plaintiff in
the for. of a check or money order, .ailed to her
reaidence. and ordering the defendant to share in
paying any ..dical expenses incurred by the IpOUI.
and .inor child.
7. Ordering the defendant to pay SlSO.OO to
rei.burse one of Legal Services, Inc.'s fundln.
sources for the cost of liti.atin. this case.
The plaintiff further aska that this Petition be filed and
served without pay..nl of fees and costs by the plaintiff.
pendinl a furth.r order a' the hearln,. and that certified cople.
of this 'etitio~ and Order ~ delivered to the Lower Allen and
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within lpn doys upon entry of the Proleclioll Order nnd each week
thereafter. The defendant Is further ordered to pay for half of
any medical expenses Incurred by the spouse and the minor
children.
6. The court costs and fees are waived.
7. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court. The Order can
be extended beyond its original expiration date If the Court
finds that the defendant has committed another act of abuse or
has engaged in a pattern or practice that indicates continued
risk of harm to the plaintiff.
8. This Order ilia)' subject the defendant t.o: i I arrest
under 23 Pa.C.S. 16113; ii) a private criminal complaint under 23
Pa.C.S. 16113.1; ilil a charge of indirect criminsl contempt
under 23 Pa.C.S. 16114, punishabl.. by Imprisonment. up to six
month. and a fine of $100,00-11,000.00; and lvl civil contempt
under 23 Pll.C.S. 16114.1. Resumption of co-r..aidence on the part
of the plainliff and defendant shall nol nullify the provisions
of the COIlrt ord..r.
9. The l,owflr Allen and Milldle...x Townshll' Pol ice
Departmentll shall be pro\'IoIl"" with cprtifled copi..1I of this Order
by th.. plaintiff'. attorn..y and aa, enfor('p this Ord"r b, arrest
fur indlr..rt criminal cont..m.,t without warrant llpon probable
c"use th.llt thl.. Order hall "'....n "lolatt"d, "heth..r or not th..
vlolallon I.. ('o_IH..d in Ih.. ..r......lIc.. of a poll.." nffl..."". In
t1,.. .."..nl th..1 an ..rr,,"t I.. ....1.. 'H"t..r Ihl. .....1 '''''' t....
.'..f.....l"nt .....It ,,,. III'"'' ..jlh.H.I ..n"............ry .1..I"y ,,..tur.. th..
plaintiff and thp minor child thp amount of at lpasl S100.00 per
week, payable to the plaintiff In the form of a check or money
order, ppndlng t.he ,,,"t.ry of an ordpr by t.he Cumberland County
Domestic Relallons Office. Th" fl r..t payment is to be made
within ten days upon entry of the Proteellon Order and each week
thereafter, The d..fend"nt is further orderpd to pay ror half of
any m..dical expenses incurred by the spous.. and thp minor
chlldrpn.
6. The def..ndant, ftlthough ..ntering into this Agre....ent.,
does not "dmil lhe allegalions ..ade in t.he Pet.it.ion.
7. Th.. def..ndant underst."nd" t hal the Protect.lon Ordf'r
..nt"r..d In thlll matt...r wi 11 b.. in f'ff..el for a period or one )'ear
and can hI' "xtend..d ht>yond it. original expiration dat... ir th..
Court rind. that th.. d..rend"nt. h"s commilt."d "noth..r act. of ablls"
or hils engag..d in " patt...rn or pr"rtic... lh..t indka"'o" conlinuf'd
risk of harm t.o the plalhtirf. Th.. df"fen.lant. uhd..rstandM that
t.hls Or.i...r will be ..nforc.."blf" in th.. .."... .ann..r aM th... Court'.
prior T...por"r)' Prot''l:Uon Or.l...r ..nte,...d in this caRe.
R. Vlol"Uon...r Ih.. Prnte..t It'" Or"..r .ay BubJ..ct. th..
....rendAnl t,o: I) arrp.t 'tn'....r 23 P".C.~. Ifll1:1; III . prl...alf'
('rI.lnal ...,."l"ltll lUI.ler 23 Pa,I'.S. ~f\I13.1: III) a dlArcf' of
in.l\n..-1 ,'rl.lnal t'ont....l't un.l..r 23 p..,(',~. ~fi1l4, punlllhahlf' by
l.prl"6n...nt "I' 10 "h ..",Ito.. .m.1 A rln... or *,OO.OO-$t .000.00;
an.t Iv) ...,,11 l'lont...,'1 ..".I..t' 21 PIl.C.S. 111114.1.
~. Th.. .1..rer"I",,' ~..t\lt 1M "taint iff ...r..... tn th.. "hlt'J or
..n Onl..r I,r." 1.I,n1l r"r th.. r..ll.....nc r..c......linc "\1",,,,.1) or Ih..it
.'..11.1. .\1\,0"'t.. .I, S...I''',
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Jennifer L. Smith,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUM8ERLAND COUNTY, PENNSYLVANIA
NO. 96-4981 CIVIL TERM
Todd W, Smith,
PROTECTION FROM ABUSE
Defendant
PETITION FOR MODIFICATION
The plaintiff, Jennifer L. Smith, by and through her
attorney, Joan Carey of I,egal Services, Inc., states the
following:
1. The plaintiff, Jennifer I.. Smlth, and the defendant,
Todd W. Smith, are in the process of reconciling their
di (ferences.
2. The plaintiff desires that the defendant no longer be:
a. excluded fro. her residence located at 1524 Carlisle
Road, Ca.p Hill, Cumberland County, Pennsylvania or any
other residence she .ay establish, or
b. enjoined fro. having any direct or indirect contact
with her.
3. Thf' plaintiff dt'tolrt'1I that sll otht'r provisions of the
Protection Fro. Abllst' Ortier dated St'l>te.bf'" 12, 1996, re.aln in
..fr.,(,f. .
VMrRfrofU:, th.. 1,1.lnUff I""'jue",'- the followin<<:
TMo porlionll of Ihe prol..... ion "1"08 AbulIt' Ord..r dale'd
Sf'..I.......r 12. t99fi. ..hlt'h ..,..llI.t...l th.. ,t"'fOndant fro. Ih",
l""sl.t..,I"" Iow.t".I "t H\~. 1'""li",I.. Rm"I. c"... Hi I I. t'..nn..,lv_ia,