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HomeMy WebLinkAbout96-05188 >-.. ~ H If ). )0.. ~ (-1 i , , ; j I ! _ 1 *. i .~ I , I .) 0-' / , t I f Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JULIE IVEY, v. NO. (n ;'1 f! (HOd Ti...-.. THOMAS IVEY, CIVIL ACTION - LAW Respondent: PROTECTION FROM ABUSE PETITION FOR RELIEF UNDER THE PROTECTION FROM ABUSE ACT TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Julie Ivey, by her attorney, Emily l. Hoffman, Esquire, pursuant to the Protection From Abuse Act, 23 Pa. C.S Sections 6101, et sea as amended. respectfully represents as follows: ,. The Petitioner (Wife) is an adult individual presently residing at: 567 Brighton Place, Mechanicsburg, Pemsylvania. 2. The Respondent (Husband) is an adult individual residing at: 521 Joyce Road, Camp Hili, Pennsylvania 3. My relationShip with the Respondent is Wife. 4. The part..s separated on September 2, 1996. 5. Husband has engaged in abusive conduct toward Wife as such conduct is defined in the N;t. Example. include, but are not limited to, the following: a In July, 1995, Husband pulled Wife oI'f bed and she landed on her head Husband hit Wife in the arms He bruised her arms and legs The next day he verbally 8bused Wife. b In 1995. Husband took Wife by the neck and threw her against the walt c. In September of '995. Husband taped WIfe'. phoue ccnversabOns d In ~ of ,i95. Husband h8d a fr\encI drive ~ In front of WIfe's home . In ~ of 'i95, HusbInd foIOlLed Wtfe to ~ f. Husband believes Wife is having an affair and is exhibiting paranoid behavior by calling wife repeatedly, calling phone numbers he sees around the house and listening to old messages on the answering machine. g. the marriage. Husband has been verbally abusive to Wife during the course of h. On or about September 14,1996, Wife went to a local club and Husband came up to Wife several times, followed Wife repeatedly and yelled threats into her ear. Bouncers at club were concerned about Wife's well-being. i. Husband drinks when he is upset which at times causes him to become verbally and physically abusive to wife. j. Husband has threatened to return to the marital home. k. Wife was afraid to stay at her home on Saturday night due to his irrational behavior. I. On Sunday, September 15, 1995, when Wife returned, Husband exploded in a rage, followed Wife around the house swearing at Wife. Husband would not let Wife leave at one point. 6. As a consequence of the above, Petitioner is afraid of Respondent and believes that she is in immediate and present danger of further abuse and harassment from him. Further, Petitiorter is in need of, entitled to, and desires protection from such abuse. WHEREFORE, pursuant to the Protection From Abuse Act, Petitiorter prays your Honorable Court to: ,. Immediately enter a temporary order, and after hearing, a fmal 0I'der; a. Directing Respondent to refrain from approaching. abusing. harassing. 01' threatening Patlttoner. eIther physically 01' verbally. wherever heIIhe may be; b. Prohibiting Respondent from having any contact with Petitioner, including telephone or othelwise, except through hislher attorneys; c. Oireding that my conftdentiet eddretl fI'lC1Ior that of .", domestiC mIence ptogrMl not be dlldosed by .", 1ft \. . . VERIFlPATlON I, JULIE IVEY, verify that the statements made in the foregoing document are true and correct to the beat of my knowledge. I understand that false statements herein made are subject to the penalites of 18 Pa.C.S. Section 4904, relatinr to unsworn falsification to authoritiea. Date: q/ n /4" .f -i (j 1 d 0 ""&.. ~ 00l.P '- /'0, 0 o ~ I ~ c~ 0 J 1.0 ("\ 7 . ,~ ..:s L'" ~ If) :J (.1_ . 1..i1 ~ " I I 0 1\ l... ~ ..,I "4:. L.~ . .\it .... , 19 u :' . , ( ,. l,. . \ JULIB IVBY, Petitioner IN THE COURT OF COMMON PLEAS OF v I I I I I I I I I I CUMBBRLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96-5188 CIVIL TBRM THOMAS IVBY, Re.pondent PROTBCTION FROM ABUSB ORDBR OF COURT AND NOW, this 25th day of September, 1996, this matter having been called for hearing, the following .tipulation of the partie., a. announced in open court and in their pre.ence, i. herewith made an order of court. 1. The re.pondent, Thoma. Ivey, .ocial .ecurity 1183-64-5831, and the petitioner, Julie Ivey, .ocial .ecurity 1171-60-1211, .hall refrain fram abu.ing each other a. defined in 23 Pa.C.S. Section 6102. 2. Re.pondent is excluded fram any reddence in which petitioner re.ide.. Until .uch t1ae a. the marital re.idence i. .old, petitioner .hall have exclu.iv. po.....ion and u.. of the marital r..idence. 3. R..pondent .hall be allowed the opportunity to r-.ove hi. p.r.onal prop.rty fram the ..rital r..idenc. upon r.a.onabl. notice to petitioner. 4. a.epondent and p.tition.r are prohibited baa having coot.ct with Nch oth.r. inclucUng but not l1a1tad to being r..trained froa entering the plac. of .-ployri~t. bu.iD.... or .chool of the oth.r. aDd t.lephoDe contact except t~ coun..l. S. '.tiUoeu and r..poedent .hall be r..poa.ibl. for th.ir own attorDey'. fee' aad ~e. iDeurred 1ft thl. ..tt.... 96-5188 CIVIL TERM 6. petitioner and respondent shall share equally the court costs of this action, including any attorney fee claimed by the Commonwealth of Pennsylvania. 7. petitioner and respondent shall each retain possession of the automobiles each is currently using for transportation and shall be responsible for the operating costs of their respective automobiles pending equitable distribution. Petitioner and respondent shall refrain from threatening to take the other party's automobile. Respondent sball acquire automobile insurance in hi. own n.... on the Pontiac Orand Am which he is currently using for transportation within sixty days from the date of this order. 8. Re.pondent and petitioner are hereby notified that if they violate this order they _y be held in indirect criminal contelllPt, which is punishable by a fine not to exceed $1,000.00 and . .entence of up to aix 8lODthS in jail, end by other pos.ible relief. 9. This order shall be enforced by eny law enforc...nt agency in a county where a violation of this order occurs within the C. -__alth of pemutylvania. 10. A certlfied copy of this order aball be served on the police departaeDU ln the juriBdictiOll vbere petitioner aDd re8pOlldent reBide and are ..ployecl. A certified copy of thi. order aba1l i.-e4iately be filed in the pollee ecuDty regiBUy of protective orders. 11. The aheriff and protboDotary are directed to accept, a.r.w aDd fil_ any aa4 all copt.. of thia petitlon ... order wit~t pr.,.yaent of eoata. 12. Thl. order ahall r...Sn Sft full force and 6, Respondent is hereby notified that if he violates this Order, he may be held in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and by a sentence of up to six months in jail and by other possible relief. Consent of Petitioner to resume contact with Respondent shall not invalidate this Order. 7. This Order shall be enforced by any law enforcement agency in a county where a violation of this Order occurs within the Commonwealth of Pennsylvania, 8. A certified copy of this order shall be served on the police department(s) in the jurisdiction where Petitioner resides and is employed. A certified copy of this Order shall immediately be filed in the police county registry of Protection Orders, 9. The Sheriff and the Prothonotary are directed to accept, serve and file any and all copies of this Petition and Order without prepayment of costs. 10. This Order shall remain in full force and effect until further Order of the Court. 11. A hearing is scneduled fOl' the &lday of & t,l 'H,A,: 1996, at 10:.30 A.m. . in Courtroom No. L Cumberland County Courthouse. Carlisle. PA. BY THE COURT: I~ K~Li.'" Q. .J l.~ J. w.sIBIIlUIlQN: Petitioner Respondent SheOf'f Cumberland COI.Ry Emergency Management AiJerq PennsyMnia Stale Police . c.tisIe THIS IS AN ORDER OF COURT. AN't VQ.A'f1ON OF THIS ORDER SHALL CONS11TUT! CONTEMPT OF COURT ANO MAY BE PUNISHABLE BY A FINE UP TO $t,OOO ANOIOR A JAIL SENnNCE OF UP TO SIX (I) IIONTt4S. r",", ~'I)l f FROM MOORO ".,.., i" It:< ",,00'\ 'I "",,",. 1I.."......lftyllJllO I "-t....p oJ ~L' eWl I( CatM. ,. ,'....J'I..~.:;J oU~ . tt:tL... \ u.," · \ t IlU.~,'l ')..l. "AI.tNary Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q& . 5t8lr' CIVIL ACTION - LAW Respondent: PROTECTION FROM ABUSE JULIE IVEY. v. THOMAS IVEY, PETITION FOR RELIEF UNDER THE PROTECTION FROM ABUSE ACT TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Julie Ivey, by her attorney, Emily l. Hoffman, Esquire, pursuant to the Protection From Abuse Act, 23 Pa. C.S. Sections 6101, et sea.. as amended. respectfully represents as follows: 1. The Petitioner (Wife) is an adult individual presently residing at: 567 Brighton Place, Mechanicsburg, Pennsylvania. 2. The Respondent (Husband) is an adult individual residing at: 521 Joyce Road, Camp Hill, Pennsylvania. 3. My relationship with the Respondent is Wife 4. The parties separated on September 2, 1996, 5. Husband has engaged in abusive conduct toward Wife as such conduct is deftned in the Act Examples include. but are not limited to. the following a. In July, 1995, Husband pulled Wife off bed and she landed on her head Husband hit Wife in the arms He bruised her arms and legs The next day he verbally abused Wife b In 1995, Husband took Wife by the neck and threw her against the wall ~. In September of 1995, HuIband taped Wife's phone conversabons a In S~~ of 1995. HuIband had a frl8nd driw repeet<<lly '" front of WIfe's home . In Septembet of 1995, HuIband ~ Wife 10 ~ f. Husband believes Wife is having an affair and is exhibiting paranoid behavior by calling wife repeatedly, calling phone numbers he sees around the house and listening to old messages on the answering machine, g. the marriage, Husband has been verbally abusive to Wife during the course of h. On or about September 14,1996, Wife went to a local club and Husband came up to Wife several times, followed Wife repeatedly and yelled threats into her ear. Bouncers at club were concerned about Wife's well-being. i. Husband drinks when he is upset which at times causes him to become verbally and physically abusive to wife. j. Husband has threatened to return to the marital home. k. Wife was afraid to stay at her home on Saturday night due to his irrational behavior. I. On Sunday, September 15.1995, when Wife returned, Husband exploded in a rage, followed Wife around the house swearing at Wife. Husband would not let Wife leave at one point. 6. As a consequence of the above, Petitioner is afraid of Respondent and believes that she is in immediate and present danger of further abuse and harassment from him. Further. Pelttiorter is in need of, entitled to, and desires protection from such abuse, WHEREFORE, pursuant to the Protection From Abuse Act, Petitioner prays your HOI'lOnIbIe Court to ,. Immediately enter a temporary OI'der, and after hearing, a fmal 0I'der; a Dncting Respondenlto refrain from approaching, abusing. harasSing. or IhteaIening Petitioner, either physieally or verbally, where... heIshe may be. b Prohibiting Respondent from having tny cont~ with P.bboner. including leI~ or otherwise, ~ ltYough hi*"- ..tor...... ~ OirectlnQ that my co.:lltInballl<b.u ~ Ihat of Iny dOmtIbe ~ PfogJlm not t>> ~~ by Iny ...