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Home My WebLink About96-05037 "'- '"' " }- '5 ~ ~ to.. ~/' t" . ~, The defendanl is enjoined from removing. damaging, destroying or selling any property owned jointly by the parties or owned by Ihe plaintiff. A violation of this Order may subjrc:t the defendant to: i) arrest undu 2J PLC.S. 16113; ii) a private criminal complaint under 1J Pa.C.S. 16113.1; iii) a charge of indirect criminal contempt undu 2J PLC.S. 16114, punishable by imprisonment up to six months and a One ofSlOO.OO-SI,OOO.OO; and iv) civil contempt under 2J Pa.C.S.16114.1. This Order shall remain in effect until modified or terminaled by the Court and can be extended beyond its original expiralion date ifthe Court finds IMlthe defendant has committed an act of abuse or has engaged in a pattern or practice IMl indicates risk of harm 10 lhe plaintiff Temporary custody of Felicia Marie Henke and Bryan Keith Henke, is hereby awarded 10 lhe plaintiff, Debra Ann Dupert A HEARING SIIALL BE IIELD ON THIS MA TIER ON SEPTEMBERll. 1996- AT J. : ~ ~.. IN COlJRTRooM NO...4...-, OF TilE C{ll\tBERLAND COUNn' COlJRTIIOUSE. CARLISLE. PENNSYLVANIA. The plaintiff may proceed without pre-paymenl of fees pending a further order after !be hearing The Cumberland County Sheriffs llotpartment shall attempt to make sen~ at lhe plaintiffs request and without pre-pI)mtnt of fees. but sen ice may be accomplisbed lIOder any applkablt rule of Cl,lI PnlCCdure This Order shall be dot:hted in lhe ut1k.~ of lhe Prothonotary and fmwarded to the Sheriff tbr lltl"ice The Prot~ ~Illtll ~ . oop\ oflms Order 10 the ~ ~ mail on the couch and did not respond to the plaintiff, she went upstairs to the bathroom thinking thaI he would be gone when she returned Instead the deferldanl appeared naked outside the bathroom when the plaintiff came out, grabbed her by the arms and told her he wanted 10 go to bed wilh her. Wherlthe plainliff said -no~, the defeodant pushed her into Ihe bedroom and onlo the bed, straddled her, and forced her 10 have intercourse Mth him despite her repeatedly telling him to SlOp The defendant Iherl grabbed the plaintiff by her hair, shoved her face do~n against his genilals forcing her to engage in de\iate sexual intercourse. The plaintiff struggled 10 get away from the defendant, but he beId her face do~n forcing her 10 comply. The plaintiff told the defendant she was goinllto conlact the police The deferldanllold her no one would do anything about the inciderlt, and Ihreatened her sa)ing. -If you put me behind ban. I really pity you ~herll get out" The plaintiff fears for her safety b) On or about July 13, 19%, lhe defendant grabbed lhe plaintiff, shoved her against the door. therlleft the residence The defendant has beer! residing at a nearby apanmerlt since this incident. ~hich causes lhe pIainliff to fear for her safety On or about July 11, lhe plaintiff sought IepI assiSlance from lepl Sm.ices. lnc A Ietler was mailed to the defend4nt by rqpdar and certified mail informing him of lhe Iqal impIkations of any further \iolmce .,;qst the pIainlifT See F.~t A alIlChed and incorporaled by refu~-e c) On or about July ~, IQ%. lbe defendant rushed at the pIainlitt, ~abbed her by the front ofller shirt, pushed her hac" into the "itchen aftd slammed her against lhe door. The plaintilT gOI away from the defendant and tried to get out lhe front door. but he held his hand against the door preventing her from opening it. The deferldant followed the plaintilT into Ihe kitchen. pounded on the glass window of lhe door and knocked all the household items olT of the top of Ihe refrigerator. 5. The plaintilT believes and therefore avers lhat she is in immediale and present danger of abuse from the defendant and is in need of protection from such abuse. 6. The plaintilT desires lhat lhe defendant be prohibiled from having any direct or indirect contact with the plaintilT including. but not limiled to, telephone and written communications 7 The plaintilT desires that the deferldant be enjoined from harassing and stalking the plaintiff. and from harassing her relatiye5. or the minor childrerl 8 The plaintilT desires that the defendant be restrained from entering the schools of lhe minor children or their day care facility 9. The plainlilT desires that the defendant be enjoined from removing. damaging.destroying or selling any property owned jointly by the parties or owned by the plaintiff' It LxcurSIVE POSSESSION 10 The apartment from which the p1aintilT is asking the Court to order the defendant to stay away from is ferIled in the name of Debra Ann Oupert The defendant has raided with fiicnds at 311 A North Pill Slreet in Carlisle, since approximately July I J, 1996 t....IltIMIl1BSEM.J:Nl: FOR <;9S,T Of CASE II The plail"ilT asks lhat lbe deferldanl be ordered to pay S2~ 00 10 Cumbatand f'oonty. one of lepl Ser\ices. Inc's fundi", 50llrCeS as reimbursernent for the COSI of Iilipli"l this case.. and that the defendant be assessed Ihe $25.00 surcharge and any court cosls if the case goes to hearing. D. TEMPOlJARY CUSTODr 12. The plaintilf seeks temporary custody of the following children &lH Addral AIr Felicia Marie Henke 313 North Pitt Street Carlisle, P A 5 years old DOS: 11I18190 Bryan Keith Henke 3 13 North Pitt Street Carlisle, PA 3 years old DOS: 10109/92 The children were born oul of wedlock The children are presently in the custody of the plaintilf, Debra Ann Duper!. who resides at 313 North Pitt Street, Carlisle. Cumberland County, Pennsylvania. During lhe past fu.-e )'e&B lhe children ha~ resided with the following persons and II the following addresses &at Addl'ftl Rala 313 North Pitt Street July 13. 1996 Carlisle. P A to the pruent 313 North Pitt Slreet MIrdI. 1994 Carlisle. P A to July 13, 1996 RidF Road October, 1993 Mt HoIty Sprinp. P A to March. 1994 ~ddnu Rala Bea\'ft Mill Road 1990 I..andisIlurJ. P A 10 October, 1993 &Ill PIaintift" Pllintiff and defendant PlaintitT and defendInt Plaintift ddCndant, and pIaint1fr I pamltJ- Doris and John Mitten 16. The best interests and permanent welfare of Ihe minor children will be met if custody is temporarily granled to the plaintiff pending a hearing in this malleI' for reasons including: a) The plaintiff is a responsible parent who can best take care of the minor childrerl and who has provided for lhe emotional and physical needs of the children since lheir births b) The deferldanl has shown by his abuse of lhe plaintiff thai he is not an appropriate role model for the minor children c) The deferldanl's behavior has adversely affected the children WHEREFORE, pufSUanl to lhe provisions of the "Protection from Abuse Act" of October 7, 1976,23 PS ~IOI ct ~,as amended, the plaintiff prays lhis Honorable Court to grant the following relief A Grant a Temporary Order pursuant 10 the "Proleclion 1T0m Abuse Act:' Ordering lhe deferldanl to refrain from abusing the plaintiff or from placing her in fear of abuse, 2 Ordering the defendant to refrain from having any direct or indirect contact with lhe plaintiff or lhe minor children including. but not limited to, ttlepbone and "Otten tonlIOOl1icatios 1 Ordering 1M dd'endant 10 retrain from harassing and staIlina the plaifttitT and "om haraum, her rdativfl and lhe minor children, .. Pmhibilin! lhe defendant from entering the plaintift's plact of empk~mmt and the tChoo!tlf the day care faali~ of lhe mitior dlildren.. 6 Ordering the defendant to stay away from the plaintill's residence located at 313 North Pitt Street, Carlisle, Cumberland County. Pennsylvania. and ordering the defendant to stay away from any residence the plainliff may in the future establish for herself, 7. Ordering the defendanlto pay $250.00 10 Cumberland County, one of Legal Services, loc's funding sources as reimbursemerlt for the cost of litigating lhis case and assessing lhe $2500 surcharge and court costs 10 the defendant if the case goes to hearing The plainliff further asks that this Petilion be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing. and that a certified copy of lhis Petition and Order be delivered to the Carlisle Police Departmenl ~hich has jurisdiction to erlforce this Order The plaintiff prays for such other relief as may be just and proper COUNT II <;VSTODY UNDER ~ENNS\'LVANIA Cl'SlQDY LAW 17 The allegations of Count I above are incorporated herein IS if fully set forth III The best intern! and permanent ~e1fare of lhe minor childl'erl ~i8 be stn'td by confinnintI custody in the plaintiff IS set furth in Paragraph I b of lhe Petition \\ltEREFORE, pursuant to 23 P S ~ 5.l01 ct KQ. and otllef apphc.able ruIa and law, 1M plaintiff pra)'1 this UOOOfabk! Cl1lll1101\\W CU!ltOOy afthe minor children 10 lief LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 170t3 (717) 243,9400 Fax (717) 243-8026 West Shore (717) 766-8475 FnMkA f."..lAnc ~~lnul (117)lM-H,.. 4)2 S w..... iUdl ~...Pt~lnZ5 PI1l)W.1C,1 July 17, 1996 Michael L. Henke 75 West North Street carliale PA 17013 Dear Mr Henke: Debra Dupert recently came to our ottice to discuss incidents in which she says you physically abused and harassed her. She has been advised of the criminal and civil remedies available to ber. You should be aware that the criminal laws apply to acts ot violence even when they occur between boytriend and qirltriend. The penalty tor simple assault, which can include "attempts by physical menace to put another in fear of imminent serious bodily injury" is up to two years imprisonment and a $5,000.00 fine. For harassment (includinq striking, shovinq, kickinq, alarainq or seriously annoying a person), the punishment is up to a $300.00 tine and 90 days imprisonment. Harassment by communication is also a crime punishable by up to one year in prison or a $2500 tine. The crime ot stalkinq includes enqaqinq in a course ot conduct such as tollowinq someone without proper authority. intendinq to cause the person fear at bodily injury or substantial emotional distress. Stalkinq is punishable by imprisonment tor up to seven years. Ns. Dupert has also been advised of a civil remedy available under the Protection from Abuse Act. Under this Act, she can petition the court to issue a Protective Order. If such an order is entered, it will be placed on tile with the police, and it you violate the order, you will be taken betore the judqe who issued the order. The judqe will then decide what punishment is appropriate. A person who violates such an order can be iaprisoned tor up to six months. Ita. Dupert does not wish to pursue her leqal reaedies aqainst you at thia tille, but she does want you to be a"'are that it there is further violence or threats of violence toward her she will take leqal action. .:\tltRIT .\ '111\'''; \0"". It \1I0IlU"I.III"""" "Illl' 1'0' ItlI 'fit' . ~