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HomeMy WebLinkAbout96-05149 .., . .~ I I - I ;)L i 2 I .:j , , I , I i ! i .., I , ~ I , I , I I '" ~ - ~ ~ :S I 0- ~ ~I ..,); 0" ,,", c, / ,- ! I I I l I , I Janice A. Junkins, Plaint! ff and on behalf of her minor children: Jamie Bogue, James and Jordan Junkins IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY James L. Junkins, Defendant ~ c> ~ I ~ ~ You have been sued in court. If you wish to defend against the claims set forth in the following poges. you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claias set forth against you. You are warned that if you fail to do so the Court aay proceed without you, and 8 judgment aa)' be entered against you b)' the Court without further not.h'e for any money claiaed in the Petition or for any othf'r c1aia or relief requested by the plaintiff. You aay lose aoney or property or other right.s iaportant to you. fig AND COSTS If the case goes to hearing and the judge grants a Protection Order. a surcharge of $25.00 will he assessed aeal nst you. You a.y alao bf' required to pay attorney fees to Leeal Services, Inc. for their rf'pr"sentation of the plaintiff. You should take this paper to your lawyer at once. If yOU do not haye a lawyer or cannol afford one, '0 to or telephone the office aet forth below to find out wherP. JOU can .et )e,al help. coeRT ADMINISTRATOR, 4th FLOOR CUlCl'IrRtAHll COmo/TV COl'RTltOllst CARUStF.. PtNNl'\Y1.\'o\NIA IlOlJ TKt.H'ttONt Nl'MIlFR: t TIT I </"0-<<1200 MIIU~ UntlUMIU LltlD..Act_QP.lIto Th.. Cnl.lrt \.f ('".-on Pleas of cuabttrhn.I Cou"ty .s ......uh.d by law t.. .'o.pl)o with tll... A...rl<',,"" with Di.ahi I iU"" Ad of lIto. 'or l"ror_tlMl about .,'cell.Illl.. fa,-" ,tlfoll anti r.....olu,bl.. lu:.."..odations .,..,Iabh' to <li"abl.." Il\dhltitfA'" l",,'lne h\l"II\"". l,..for.. HI" eourl. 1,1...",. r..,,'.ri ",'n "frltf'. \II .rr..ne..-nttl ~..I "" Md.. ., I...' 'It ""'Of" rrln" to al\) "....dh. or 1m"',"'..... boor,,", ",. ..""rt. 'fro.. _at 4tl""l\Ol tt.... "'..1\...1.....,1 o:'<,nl"f1"II<.'" i'r h....rl"e. circumRtanc~s which have placed the plaintiff nnd the children in reasonable fear of bodily injury. This haR included, but is not limited La, the following specific Instances of abuse: a. On or aboul AugusL 24, 1996, the defendant forcefully grabbed boLh of pLalnli ff's arms, pulled her ouL of a chair, and ptlsht'd her down a hall saying "Coile on. you're going La like it; do whaL the master says." When th.. d..fendanL push..d the plaintiff into the bedrooll "nd onto thO' b..d, she cried "nd rept'"tedly told hill to stOI'. The d..rendant p\lll..d her shorts to the aide, Core..d h..r to h.,... Inh,r('O\lr8... and then thr...t..n..d her not to t..11 anybOdy lh.t he forced her. b. In or "bout July 1996, tll.. defendant told the plalntifr's daught..r, Jami.., to eet up and pick his toeB. Wh..n 8h.., st"rt..d to cry And 811)' that she didn't wlInt to do It, the d..r..ndant kicked his foot lip towllrd8 mor file.. "auainll tKor to IIOve to avoid b"inll kicked. tihrh "II.. cot up 10 110 to II".. 1'00m, 8S the d..fendant h.d told "..r to do, th.. d..f..ndanl followed her .nd forn.full, hit her In t"" h...d with. r..lIOt. control ...., Ie.. ,. """ I nlf .._Ill fte. ,'. On ....,..r.1 .llr"'rfOt\l .>er".lo". ..i"e.. 199., ,.... ,t..r.".,.", ...... IIfr",M...<\ t.... ....r.. "r ttwoir .01'1, J"..... ........... hi. ........ Ihr....." d"lln. .1 hi., ",nd .....h... hi. .....1"". ... "".1 t r......."t...tt~ n.....I~ hi.. ....... to hit ttMo : wall. The defendanL has repeatedly "flicked" James' ears, slapped him in the head and face and drawn his fists back causing James to be afraid. d, On several different occasions since 1994, the defendant has forcefully hit the plaintiff's daughter, Jamie, in the head, kicked her In the face and legs causing bruising, and forced her to clean the defendant's toes every night. e. On several different occasions since 1994, the defendant has pullE'd their son. Jordan's, hair and ears, slapped him in the face, threatened to hit hi. with a belt and drawn his fiats back causing the child to be afraid. f. On several different. occasions sinc.. 1989, the d..f..ndant has slftpped the pl..lntiff, twisted her breast, gr..bbed and Rque"y.ed th.. back of her neck, pushed, punch...I, and kickE'd her. On" dally basis, the defendant rep..atedly hit th.. pl"intlff In the ..ar. The d..f..ndant repeat..dly c..lled the plaintiff'. (Oleven )'(Oar old .Iallchter, Jaml.., \ i IE' na_s. told tht' children they 'Ue -fu('kine ...nt..l ('asps. - "nd 'old th(O. to '0 hit 'ht' plainUff, el\ll her \'1lE' n"_" "".t ",ak her if sh(O is .pI4~'iIlC wit" h..r ,.,.....y,. Ii. on or about ""CU,., ZT, 19!";. tt... ,.lallltHf and h.r It.r.... .,nor "hl\llre" I"ft 'h..ir re"ld..nr.. at tM1lJO l1rJ Run lto..t, .l Wesl, Dry Run, Franklin County, Pennsylvania, in order to avoid further abuse. 6. The plaint! ff bel ieves and therefore avers that she and her minor children, are in immediate and present danger of abuse from the defendant and that they are in need of protection from such abuse. 7, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff and the children including, but not limited to, telephone and written communications. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, or the minor children. 9. The plaintiff desires that the defendant be restrained from entering the schools of the minor children, >>.___U~lVL j1gSSIS8 ION 10. The home which the plaintiff i. asking the Court to order the def.mdant to stay away fro. is not owned or rented in the defendant's naIDe. II, Th.. d..f.mdant has his own rplIld..ncp located at 18290 Ory RIm Roatl, W"lIt, Ory Rlln, Pennsyh'anla. \h._jUt' ItlWllallWlt.. mLwn...m:. ~ 12. The r'aintlff asks that Ule deff'ndant boP ordered to pay '250,00 to rel.bur".e on.. ,If tPtl" , !lank..... In.:. '. fumlln. soure",,!. for th. co.. .,r I it \4at lne thla .....e. , plaintiff pending a henrlng in this matter for reasons Including: a. The plaintiff is a responsible parent who can best take care of the minor children and who has provided for the emotional and physical needs of the children since their births. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor children. c. The defendant's behavior has adversely affected the children. WHEREFORE, pursuant to the provisions of the "Protection froll Abuse Act" of October 7. 1976, 23 Pa,C.S. S 6101 ~ ~., as amended, the plaintiff prays this Honorable Court to grant the follOWing relief: A. Grant a Temporary Order pursuant to the "Protpction from AbllRe Act:" 1. Orderine the defendant to refrain froll abusing the plaintiff and the minor children, and placing them In fear of .buBOi". Z. Ordprin. the defendant to refrain froll having any direct or indirect contact with the plaintiff and the minor children including. but not limited 1.0, I"I'-I,honp and "Fitt..n l'o_unieatlona, :t, Or....rlne th.. -'..tendl\nt to F..f..alh froll har..",..ln<< ."'" ..taU.I". th.. plainUff and fro.. '( harassing the plaintiff's relatives and the minor chi ldren. 4. Prohibiting the defendant from entering the schools of the minor children. 5. Ordering the defendant. to stay away from the plaintiff's current residence, and any other residence the plaintiff may establish. 6. Granting temporary custody of the minor children, James and Jordan Junkins, to the plainti tf. 8. Schedule a bearing in accordance with the provisions ot the -Protection froa Abuse Act., _ and, atter such hearing, enter an order to be in effect for a period at one year: I. Ordering the defendant to refrain troa abu.dnc the plaint iff and the ainor children, and placing thea in fear ot ahuae. 2. Ordering the defendant to retrain froa having any direct or Indirect contact with the plaintitt and th.. ainm' child....n including. but not li.It..d to. h'leJ,hon.. and wrill..n co_unleaUona. 3. Or<.t......Inll th.. ....t..ndant. to reCraln froa haralUlllllC and "toll U nc t tMo ..I a I II ti rr .nd fro. haralllllnc th.. rlaiJ\t I tr'. ....1... Iv... al'tt' ..... aiMr chll......n. .. rfuhi~l. In. .~ ,..r..~t.nt rf~ eaterln. t~ " schools of the minor children, 5. Ordering the defendant 1.0 stay away from the plaintiff's current residence, and any other residence the plaintiff may establish. 6, Ordering the defendant to pay $250.00 to reimburse one of Legal Services, lnc.'s funding sources for the cost of litigating this case. The plaintiff further asks that this Petition be filed and served wiLhout payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Pelition and Order be delivered to the appropriate police departments which have jurisdiction to enforce this Order. The plaintiff prays for such other relief a8 may be just and proper. COUNT t t ~liroDLYJfi}IB.."fltfflJ)n.~!A. CUSTODYM.1f 18. Thf' 1l11f'!Cations of Count I abov.. .u'e Incorporllted herein as If fully Sf't forth. 19, Thf' best Intf'rest Ilnd permllnf'nt w..1 fllre of th.. minor chlhln.n will b.. srr"..d by ("onfirlllnlt custod)' In thf' IlllllnUff alll srt forth I n ~rllgrt\l)h 17 of th.. p..t I t ion. ~~tRtFORt. ~.r8"8nl tu 23 PIl.C,$. ~ 5301 ~t ~~g.. and olher "I'I'II,'sl>l.. 1'"1.... snd Isw, th.. plalnll ff "ray. tllla Hoftorabl.. It ! J 'io. f!; C) G ;.' ..~ N .~ C' ll! ~; ~ l~' ~\ :- .~ 1 " " ." ~... 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