HomeMy WebLinkAbout96-05585
SU~Hn E. LehnH'r',
Pla i nt. iff
TN THE ~OURT OF COMMON PLEAS OF
v.
~UMHEflLAN[) COUNTY, PENNSYLVANTA
NO. 96-55'S5~TVTL n:rm
T~}omus o. Lehmer',
n,. fpndant
PROTE~TTON FROM ABUSE
AND CUSTODY
TEMPOflAflY PROTECTTON ORDER
t J (1<
AND NOW, this:/- day of Octobe,', 1996, upon
presentation anci consideration of l~tle withirl Petit.ion, flrld upon
finding t.hat the plaintiff, Susan E. Lphmer, now ['esiding at 812
N. Market. Strept., Mec~lanicsbllrgt Cunlberland COIJnly, Pennsylvania,
Is in immediatp. and present danger~ of abll~e from the defendant,
Thomas D. Lehmer, the following Tempor'ary Order is entered.
The defendant., Thomas D. Lphmer, (SSN: 196-501377 and date
of birt.h: 9/9/60) noW residing at. 812 N. Market. street,
Mechanicsbl1rg, Cumberland COllnty, Pennsyl,vanla, is hereby
enjoirled from ptlysicallY abllsing ttle plaintj.ff, Susan E. Lehmer,
or placing her in fear of abuse.
The defendant is excluded from t.he plaintiff's residence
located at R12 N. Market Street, ~Iechanicshurg, Cumherland
County, Pennsylvania, a residence which l,g joi.nLly owned by the
parties, and any other residence t.he plaintiff may establish,
except for the limited purpose of transferring custody of t.he
parties' children.
The defendant shall remain in his vehicle at.
all times during the transfer of custody.
The defendant is orclered Lo refrain from having any direct
or indirpct contac1~ with t}le plnintiff incllldi.ng, bllt not l.imited
to, telephone Rnd written communications.
Th(' dl'fpudant is pn,jnirlf>d from har'lls:-iin~ Hnd stall<inr?; Lhp
plaintiff and fr'om har'as:-lifl~ th(' plaint,iff's rp.laLives, or the
minor chi Idr'('n.
The df.fendant. is enjoinpd fr'om enLf'r'ing the plaintiff's
place of employm(~nl.
Thp dp f(-~ndu.n t. is enjo i fled f r'om rprnoV i ng, damag: i ng,
destroying or sell ing any property owned jointly hy the parties
or owned solely hy the plaintiff.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa.C.S. g61l3; ii) a private criminal complaint
under 23 Pa.C.S. g6113.1; i ii) a charge of indirect criminal
contempt under 23 Pa.C.S. g6114, punishable by imprisonment up to
six months and a fine of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa.C.S. g6114.1. Resumption of co-residence on
the part of the plaintiff and defendant shall not nUllify the
provisions of the court. order.
This Order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date if the Court finds that the defendant has
comrni t.terl anot.her act of abuse or has engaged in a pat.tern or
practice that indicates continued risk of harm to the plaintiff.
Temporary custody of Sirena Marie and Tyler David Lehmer i,5
hereby awarded to the plai nt.! ff. SlIsan E. Lehmer.
A hearing shall be held on this matter on the
TtV'
/7 day of
Octoher, 1996, at
//:r/2Jrrm., in CourU'oom NO.3, Cumberland
CounLy Courthouse, Carlisle, Pennsylvania.
1
Thp. plaint.iff may proc('f'd wit.hout pre-pn.yment. of fees
pending a further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff's request and without. pr'e-payment.
of fees, but. service may be accomplished under any applicable
rule of Civil Procedure.
This Order shall be docketed in the office of t.he
Prothonotary and forwarded t.o the Sheriff for service. The
Prothonotary shall not send a copy of this Order to the defendant
by mail.
The Silver Spring and Mechanicsburg Pollee Depart.m,mts will
be provided with certified copies of this Order by t.he
plaintiff's attorney. This Order shall be enforced by any law
enforcem~nt agency where a violati.on occurs by arrest for
indirect cI'iminal contempt without warrant tlpOn probable cause
that this Order has been violated, whether 01' not the violation
is committed in the presence of the police officer. In the event
that an arrest is made under this section, the defendant shall be
taken wi thouL unnecessnry delay before the eDllrt that I>lsued the
order. Hhen that court is IInavailable, the dcfendftnt shall be
taken hefore the nppl'oprinte (listricI'. jllstice. (23 Pa.C.S. ~
6113) .
By Lhe COIII.t,
udge
Susan E. LchmC'r,
PI" in l. iff
TN TlIF. r:OURT OF r:OMMON 1'1.F:Mi OF
r:\JMBERl.AND r:OUNTY, rENNSYl.VANI A
v.
NO. nfi-
r:IVIl. TEHM
Thomas O. L(!hnH~r,
Dp fplld an L
PTlOTEr:TTON FROM AlltlSE
AND CtlSTODY
NO~'T(~l~
VOll have hpt~n sued in cOllrl.. Tf you wish to defend against thp.
claims Het for'th in the following pages, you IIlllSt. take H(:tion promptly
aft.pr this Petitioll, Ordp.r and Not.icp are served, by appearing
personally or by attorney at the hearing scheduled by the Court and
prcsenti ng to t.he Court your' defenses or' obj(-~ctjonR to the claims set
fort.h agains!. YOII. You are warned that if YOII fail to do so the Court
may proceed wit.hout you, and a judgmp.nt. may be entered against you by
the Court withont further nol.lee for any money claimerl in the Petition
or for any ot.her claim or relief requested by the plaintiff. YOII may
lose money or pr'operty or other rights important to YOll,
FRRS ANn COSTS
If the case goes !.o hearing and I,he Jlldge grant.s a Protection
Order, a SIJrc}large of $25.00 will be assessed agai,nst. YC}II, VOII may
also he rp.qulren La pay attorney fees to Legal Ser'vices, Tnc. for
their representation of tile plRint.iff.
You should t.ake this paper to your lawyer at once. If YOII do not
have a lawyer or cannot afford one, go to or telephone t~hc office set
forth below t.o rind out. where YOII can g,,!. l"gal help.
COURT AnHTNISTflATOR, 4 th FLOOR
CIJHmmLAND r,OUNTY COUflTHOUSR
CARLISLE, PENNSYLVANIA 17013
TELF.PHONR NllffBER: (717) 240-6200
AMRRICANS WITH DISAIHLITIF.S ACT OF 1990
The Court. of Common Plp.flB of Cumherland County :is reqll.ir~d by law
to comply ,.ith the Amer'icllns with nisab\1 j Li"s Act of 1990. For
information about accessible fac..il i Lies and reasonable accommodations
available to disahle(J individlJ1l1s Ilaving IJllsi.rless before l~he cotJrt,
please contact our' orfic(.~. All arr'angemenLs must be made at least 72
hOllrs prior to any hearing or hl1sin(-~ss befor'(~ the cOllrt. You must
atl~encl the schedtlled (:onfererlC(~ or Ilcaring.
following speci fie instanc{~s of abuse:
a. On OI' abouL OcLober' 3, 19fHi, the defendant.
repeatedly ghoved the plaintiff with hlg shoulder' and
el.bow. Wherl ttle plairll.iff Ilt.Lenll)t.ed Lo geL aWIlY fr'om
the defendant., he forcefully hit h.". in the face
causing her to hflve R headtlChp, SCJr'e jaw, a swollen and
hru i s(~d face, and [' i ng i ng in he r' PH ['.
b. On or' about September 15, 1996, the plaint.iff was
awakened from sleep when the defendant tried to perform
oral sex on her. When the plaintiff refused and tried
to gel. away, the defendant straddled her, put both his
hands nexl~ to her llead, thr'eaLened her', and caine
forcefully down on top of the plaintiff causing her to
fear for her safet.y. Fearing for her safety, she
"truggled free and run up"tairs to safety.
c. On or about August 31, IBB6, the defendant threw
an object. at. the plaintiff and pulled his fist hack in
a threatenIng manner causing the plaintiff t.o fear for
her safety.
d. In or about October 1995, during an argument the
ddefendant took the plaintiff'" credit cards, and when
the plaintiff reached int.o the car window trying t.o get
her credit. cards, the defendant. pu"hed t.he hutt.on
ro 11 i ng up the au Lama Lie \oJ i nelow on he r a rills eaus i ng
soreness flnd hruiscs on hoth arms.
2
d. On Sl'\'l','al differ'{.~nt occa:~ion:-; sillcP 19135, tlw
dpfpndant tP1S l.hrpatJ~ned 1.0 hllr" t.he ptaintiff, SHlflSfll->d
and t.hrown it.PlIls around ca\lsill~ the plaintiff Lo fp(lr'
for' her' saf(,Ly, slapped l!f.-:"r' in tlip fH('(' , pushed and
repeatedly plInr-hf.:"d the plaintiff in the ar'ms causing
bruises. On another occnsion, the nefpndant. forcefully
slapP8d !.hp pl;dnL.1ff in the fflce causing her to fall
to Lhf~ floor.
5. The plaintiff believes and Lher'efore ave"s t.hat. she is
in immpdiate and present danger of :ihllse fr'om the defendant.
should she ,'emain in t.he home wit.hou!. !.he defendant's exclusion
and that she is in need of protect.ion from such abuse.
6. The plainLi ff desires \,huL Lhe defendant. be prohibiLed
from having any direct or indire~t. ~ontact. with the plaint.iff
including, but. not limit.ed lo, lelepholle and writLen
commtlnicat:ions, ex(;("pl. for the limited purpose of going Lo
COllnseling 01' facilit.aLir\g CllSlody uI'rnngenlenLs.
7. The plaintiff desir'es that the defendant be enjoined
from han\ssing and stalking th", plainti ff, and from hal'ass,ing Lhe
plaintiff'S relativps, or the mi.not' chi.ldren.
8. The plaint.iff desil'<'s that the flefend",lI, he ,'est.rained
from entering h~r place of clnploympnl-..
9. The plaintiff desi rps th~\t, l.he defennant be enjoinp.d
from removing, damaging, fjestroying or ,,<oj 1 ing any propc'I'!.Y owned
punched heT'.
On onp ocr~asion in 1991, the dc~fendHnt.
3
8. Th" plaint,iff dl'sir'ps that, Lh" d"fendant. he enjoined
from r'emoving, damaging, c1l"st.r'oying: or' spll ing any propf'rty owned
jointly by Lh" l",,'t.ies 0" ow""d so]ely hy 1.1", plaintiff.
n. EXr.I.USTVE POSSI';SSTON
10. Th" ho",<" f,'om which th" plaintiff is asking t.he Cour't.
to exclude the dpfpndanl. is owned in Lhp names of the plaintiff
and tbe defe"danL.
11. The plaint,i ff cUl'l'enLly has no place to sLay wiLh her
chilrlren except t.he marital hom~J Rnli I.he deferldarlt has parents,
a sj,ster, and n llc'other if I t.he area wit,h whom tIe carl sLay.
12. The plaintiff desirns possession of the flome so as to
give the greatesL degree of contlnuit.y t.o the lives of t.he
children and to allow them t.o continue their education at their
schools and Lo conti.nue t.heir' school and social activities.
C. SUPPORT
13. The defendant has a dllty to support tbe plaintiff and
the minor chlldl'en.
14. The plaintiff is in need of financial support fr'om the
defendant including, but not llmiterl to: heal th Insurance
coverage, payment of IlnrpimbuT'sed medical expenses for the
plaintiff and t~he minor C:llill]rent anrl t.~le mort.gage paym~nt. on the
residence at 812 N. Mal'kpt Str<"pt, Mechanicsburg, Cumherland
COllnty, Penn~y]v;lnia.
15. Thf-:! defendant is Plnployeo ilS a compllter pr'ogramel' at
,I
Pennsylvania Rlue ShiC'ld and has annual salar'y of Hppr'oximalpl)'
$45,000.00.
16. The plaintiff's income is insuff'i('il~nL La I>l'ovide for
her needs and those of' the children until stich time as a support
or'del' can lJC obt,ained by filirlg at t~he DomcHI,ic R(!l/ltiorls Office.
17. The plaintiff intends to petition for slIpport. wit.hin
two weeks of the issuance of a pr'otective or'tler'.
D. LOSSES AND REIMBURSEMENT FOR COST OF CASE
18. The plaintiff asks that the defendant be ordered t.o pay
$250.00 to reimburRe one of Legal ServiceR, Inc. 's fllnding
Rotlrees for the (:ost; of liti.gal~irlg this case.
E. TEMPORARY CUSTODY
19. The plaint.iff seekR t.emporary cust.ody of t.he fallowing
children:
Name
Presen1. Residence
Age
SirerlR Marie Lehmer
812 N. Market St.
Mechanicsbllrgt PA
10 yrs. old
DOR 11/22/85
Tyler David Lehmer
812 N. Mar'ket SI..
Mecharlicsbtlrg, PA
9 yrs. old
DOS 6/14/87
The children were not born aliI. of wedlock.
The children are present.ly in the custody of t.he plaintiff
and t.he defendant who reside at 812 N. Market. Street,
Mechanj(:blIJ'g, Pennsy],vania.
During the past five years, the children have resided with
the following parsorls ;lrl(I at. t,he following addresses:
5
proceedings COllc'('rning thpse childr'('n fir-riding t)('for'(' H courL in
his or a.ny nt.hpI' jllr'isdi(~l,inn.
22. The plainLi l'f does llOt. know of any per-SOTI not a l'ar'Lj'
to this action who has physical (;llslody of thp chi Idn~n or- claims
to have custody or' visitati.on r'ighl.s with r'(,'specl t,f.) I,he
children.
23. The best interests ami perfllrHIPrlL ~'elrar'l~ of the minor'
children wi 11 be lOP!. if custody is to.mpor';tr'i ly grantpc} to the
plairltiff perldirlg fl tIcar'ing ill I.llis IIIHt.t.er faT' reasons inclllding:
a. The plaintiff is a responsihle parent. who C:1n best.
Lake care of the minor (~hildT'cn and h~s provided for'
t.he l'>lJ1ot.ional and phy~ical ne~ds of the children since
their births.
h. The de rendaTl t has shown by his abuse 0 f the
plaintiff that hp is not an appropr'iat.e role model for
the minor children.
WHEREFORE, pursuanL 1.0 t.he provisions of the "ProLection
from Abus" Act" of October 7, 1976, 2~ Pa.r:.S. ~ 6101 "I'. S"q., as
amended, the plaint; rf prays this Honorahl" r:Ollrt to gr'ant the
following rel ;,,1':
A. GntnL H Temporary Orde;-' [HlrSllanL La the
"Protection from AbIUH' Act:"
1. OrdpT'i ng thp defendant. to refrfl.in fr'orn
flbllsing the." plninl.iff or placing her in fear of
7
pxcppt for' U\f~ I irniLf'd pllrpnsp of LrHflsfer'r'ing:
('usLody of' th~ par't.jes' chi Idn~n.
The elf' f(~ndanl
shall ('"main in hjs vphir'lp Ht all tilllt'S dur'ing
t.lle t,ransfer of (~lJst.ody.
8, Granting t.c:'mpor'fu'y custody of t.hp minor
~hildr0n 1,0 lhn plaintiff.
n, Sch{-'otllf> a hf~rl.r-ing in Hcconl,lnc(' w-j l'.h t.he provisions of
t.hp "Pr'otf'ction f'r'om Abuse Act," and, afLpI' slIch hearing, pntr-r
an ol'dpr' 1'.0 hp in eff'pct. for- a period of onC' year:
1, Ordering t.hf' dC!f'enrlanL t.o refr'ain fr'om
IlhlJsirlg t.he plAirll~ifr or' plRr:ing hr~r in fear' of
nhllsP.
2. Or'dpr'ing th("" def'pndant. La refr;dn from having
any direct or' inrlir'(~ct cont.act with thp plain:-,iff
inclurling, hut. not limit.p.d La, Lelpphone and
writLen cornlllllni~at.ions, pxcppt. Lo go Lo counseling
or faci 1 i LaLp ('.ust-ady ar'r'angpnlpnts,
~, Onler'ing t-.h(~ defendnnt to refrPlin fr'om
harHssing tlnd stalking Lh0 plaintiff and from
l1:lr'assing Lhf' plaintiff'!4 r(~lflt.'ivP.R and the minoT'
chi ldr'pn.
"1. Pl'ohihi t.i ng Lhp defendant. fr'om enLer-ing the
pl;-linLiff's placf' of 0.mploymcnL.
~l
5. Prohibit.ing the dcfendHnt. from r'PlTloving,
damaging, ,tpstI'oying or "ell ing property jointly
owned by the parties or owned "olely by the
plaintiff.
6. Gra.nting pot-;sesBion of the home locat.ed at
812 N. Market Street, Mechanicshurg, Cumbedand
County, Pennsylvania, to the plaintiff to the
exclusion of the defendant, except for the limited
purpose of transfey'ring Cltstody of th8 parties'
children.
The defendant shall remain in his
vehicle at ,,11 times during the transfer of
custody.
7. 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' children. The defendant
shall remain in his vehicle at all times during
the transfer of custody.
8. Grant, j ng support to the pI ainU ff and the
minor children in an appropriate am01Jnt according
to the support guidelines payable to the plaintiff
itl the form of R check or money order, mailed to
her residence, and ordering the defendant to
provide health coverage to the spouse and the
10
minor child,'en, direct.ing t.he defendant. to pay all
of the IInreimbursed med ic,d expenses of the
plalnt.iff (spouse) and t.he minor children to the
provider or t.o t.he plaint.iff when she has paid for
t.he medical t.reatmpnt, and di ,'eeting t.he defendant.
to make or continl10 to make mortgage payments on
the residence of the plaint.lff.
9. Ordering t.he defendant t.o pay $250.00 to
reimblJr'Se one of I,egal Services, Inc.'8 ftlndirlg
sources for the cost. of litigating this case.
The plaintiff fllrther asks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
pending a further order at. the hearing, and that certified copies
of this Petition and Order he delivered to the Silver Spring and
MechanicRburg Pol. ice nepar'l~nlents which have Jtlrisdiction to
enforce this Order.
The plaintiff prays fa," sllch other relief as may be just and
proper.
COUNT IT
CUSTODY UNDER PENNSYLVANIA CUSTODY f,AW
24. The allegations of Count I above are incorporated
herein as if fUlly set forth.
11
25. The best. inter'est and (H'rrnanenL wf.'l farc of t.hp minor'
children will he sp.rved by conf'iI'ming c\lst.ody in t.he plaint.iff a.s
set. for't.h in paragraph 2:l of Lt\(, pf't.it.jon.
WHEREFORE, pur"uant to 2~ ['a.('.S. ~ 5301 Pt. ""<1., and nth",.
1l.ppJ ic:able I'lllps and law, Uw plainLi ff prays t.his Honorable
\'oIJrt. to award cllstody of Uw mi nor' ch i ldr'en t.o her'.
The plfdnti ff prays for su('h oLhpr r'~l i(-;~f as may hp jllst. and
proper.
Re"ppctfull Y subm; t.t.ed,
, /LtC, IJ ~(,,,-,.(//
,Dan Carey, Attor~~p]aintiff
loEGAl. SERVICES. TNC.
R T T'V i ne Row
Ca,'li,,1e, PA 17013
(717) 243-9400
12
SUSAN E. LEHMER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
96-5585 CIVIL TERM
PROTECTION FROM ABUSE
V.
THOMAS D. LEHMER,
Defendant
IN RE: HEARING DATE
ORDER OF COURT
AND NOW, November 22, 1996, hearing in the above matter having been
set for this date, and it appearing that the plaintiff has not been properly served,
the hearing is continued until FRIDAY, DECEMBER 6,1996, at 3:30 P.M.
By the Court,
J.
Samuel Andes, Esquire
For the Plaintiff
Charles Rector, Esquire
For the Defendant
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INSTRUCTIONS TO THE DEFENDANT
As YOU know, the plaintiff has filed a legal action apin~t you under the Protection
From Abuse Act and has obtained a Temporary Protection Order. The plaintiff is prepared
to have a hearing held in order to obtain a final Protection Oroer effective for one (I) year.
As an alternative, ,you IDIlY a:msent to the entry 0( the final Protection Oroer to be in
effect for one yetJr. If you llI'll willing to consent you sbould call Legal Services, Inc. in
Carlisle at 243-9400, 766-8475 from the Weat Shore or 53G-S866 from Shippensburg, and ask
to speak to the staff person handliflx th~ ClISe ~ut a Consent Agreement.
The Consent Agreement should be prepared before the time scheduled for the hearing
so th~ Court will know ahead of time that the case will not be contested. In some cases,
regardless of whether a settlement by Consent Agreement has been reached, the parties
must appesr in court at the time scheduled for hearing. If the case is uncontested, the
court appearance will be brief. The judge will make sure the parties understand the
Consent Agreement and final Protection Order.
If you do not agree to the entry of the final Protection Order, a contested hearing will
take place at the scheduled time. When a final Protection Order is entered, it will be sent or
..
given to you, the plaintiff, and the appropriate police departments. If you fail to abide bl
the terms of the final Protection Order you will be subject to immediate arrest, and a fine of
$100.00 to $1,000.00 and/or a jail sentence of up to six months and other relief.
FEES AND COSTS
If the case goes to hearing and the judge grants a Protection Order, a surcharge of
$25.00 will be assessed against you. You may also be required to pay attorney fees to Legal
Services, Inc. for their representation of' the plaintiff.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND 'COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-<;200
Susan E. Lehrnpr,
Plaintiff
TN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-:,f)',~'CTVT!. TERfl
ThomaR D. Lehmer,
Dpfendant.
PROTECTTON FROM ABUSE
AND r.USTODY
TEMPOIIARY PROTECTION ORDER
AND NOI" this "IQ:.
dILY of October, 1996, upon
presentation a.nd consideration of the within Petition, and upon
finding that the plaintiff, Susan E. Lehmer, now residing at 812
N. Market Strppt, Mechanic,,;hurg, Cumberland County, Pennsylvania,
is in immpdiate and present danger of abuse from the defendant,
Thomas D. Lehmer, the following Temporary Order is entered.
The defendant, Thomas D. Lehmer, (SSN: 196-501377 and datp
of birth: 9/9/60) now residing at 812 N. Market Street,
Mechanicsburg, Cumberland County, Pennsylvania, is hereby
enjoined from physically abusing the plaintiff, Susan E. Lehmer,
or placing her in fAar of abusp.
The defendant is excluded from the plaintiff's residence
located at 812 N. Market Street, Mechanicsburg, Cumberland
County, Pennsylvania, a residence which is jointlY owned by the
parties, and any other residence the plaintiff may establish,
except for the limited purpose of transferring custody of the
parties' children. The defendant shall remain in his vehicle at
all times during thA transfer of custody.
The defendant is ordered to refrain from having any direct
or indirpcL contact with the plaintiff including, but not limited
to, teleptlone anrl written communications.
Thp dpf{>ndant is enjoinpd fr'om hal'assinl{ and stalking tho'
plaintiff and from harassing thH plaintiff's rplatives, or the
minor chi ldren.
The ll<.fendant is pnjoined from enter.jng thp plaintiff's
place of employment.
Tt}(. (jefendant is enjoirle(l from removirlg, damaging,
destroying or selling any property owned jointly by the parties
or owned solely by the plaintiff.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa.C.S. g6113; ii) a private criminal complaint
under 23 Pa.C.S. g6113.1; iii) a charge of indirect criminal
contempt under 23 Pa.C.S. g6114, punishable by imprisonment up to
six months and a fine of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa.C.S. g6114.1. Resumption of co-residence on
the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order shall remain in effect until modified or
terminated by the Court and 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.
Temporary custody of Sirena Marie and Tyler David Lehmer is
hereby awarded to the plaintiff, Susan E. Lehmer.
A hearing shall be held on this matter on the (l day of
October, 1996, at, 1/'&[ /'/,., .m., in Courtroom No.L, Cumberland
c,
County COllrthol!8e, Carlisle, Pennsy].vllnin.
Sllsan E. I.phmer,
Pll1int.iff
IN THE COURT OF COMMON PI,EAS OF
CUMBERJ~ND COUNTY, PENNSY1~A~TA
v.
NO. n6-
CIVIL TER~1
Th(lmas D. [,ehmHr,
Dl'fl,'rlfJan t,
PROTECTION PROM ABUSE
AND CUSTODY
NOTICE
VOII havp bepn sued in court. If you wish to defend against the
clilims set~ fart.tl ir} t.he following p'lges, YOlI mllst take ~l(~t.ion promptly
aft.er t.his Pp,titionl Order and Notice are served, by flppf'aring
personally or by at.torney at the hearing scheduled by the Court and
presenting to the COllrt your defenses or objections to the ciaims set
forth against you. You are warned that if you fail to do so the Court
may proc.eed without you, and a judgment may be entered against you by
the Court without further notice for any money claimed in the Petition
or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
FEES AND COSTS
If the case goes to hearing and the judge grants a Protection
Order, a surcharge of $25.00 will be assessed against you. You may
also be required to pay attorney fees to Legal Services, Inc. for
their representation of the plaintiff.
You should take this paper to your lawyer at once. If you do not
have a lawyer or cannot afford one, go to or telephone the office set
forth below to find out where you can get legal help,
COURT AmlINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERTCANS WTTH DTSABTI,TTTES ACT OF 1990
The CalirI. of Common Pleas of Cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990. For
infonoaLion about. Hccessible facilities and reasonable accommodations
RVflilable to disahled individuals having business before the court,
pleflse contact our offic". All arrangements must be made at least 72
hOlll'S prior to nny hearing or business before the court. Vou must.
at.Lend the scheduled confer(~ncn or hearj ng.
following specific instiUlCt'S of ablJ~c:
a. On or abolll Ocloll('[' 3, 1996, the defendant
rpppat.ecJly sho\,pd tht' pJaint.i ff wiLh his Rholllder' and
elbow. Wht'f1 thp plaint.iff nt.tempted to get away from
t.he defend'lflt, hp fOI'Ceflllly hit her in the face
causing her to tlHvP a headache, sore jaw, a swollen and
hrlJised facp, and r'j'lging in her ear.
b. On or abolll Sp!'tember 15, 1996, the plaintiff was
awakened from slpp!, when the defendant tried to pprform
oral sex on her. When the plaintiff refused and tl'ied
to gel away, the defendant straddled her, put both his
hands next t.o her hpad, threatened her, and came
forcefully down on top of the plaintiff causing her to
fear for her safety. Fearing for her safety, she
struggled free and run upstairs to safety.
c. On or about August 31, 1996, the defendant threw
an object al the plaintiff and pulled his fist back in
a threatening manner causing the plaintiff to fear for
her safety.
d. In or about October 1995, during an argument the
ddefendant took the plaintiff's credit cards, and when
the plaintiff reached into the car window trying to get
her credit cards, the defendant pushed the button
rolling up the automatic window on her arms causing
soreness and hruises on hot.h arms.
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d. On sever'a] ciiffpl'pnt occasion:... Hince 1985, the
defendant has thrpaLened to hurt the plaintiff, smashed
and thrown items n.rollnd causing th(. plaintiff to fp(l.r
for her safety, slapped her' in the face', pushed and
punched her. On one occasion in 1991, the defendant
repeatedly punched the plaintiff in the arms causIng
bruises. On another occasion, the defpndant forcefUlly
slapped the plaintiff in the facp causing her to fall
to the floor.
5. The plaIntiff believes and therefor'e aver's that she is
in immediate and present danger of abuse from the defendant
should she remain in the bome without the defendant's exclusion
and that she is in need of protection from such abuse.
6. The plaintiff desires that. the defendant be prohibi t.ed
from having any direct. or Indirect contact wit.h t.he plaintiff
Including, but not limit.ed to, telephone and wrItten
communications, except for the limited purpose of going to
cOllnseling or facilitating custody RI'rangenlenls.
7. The plaint.iff desires t.hat. the defendant. be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaint.iff's relat.ives, or t.he minor children.
R. The plaintiff desires t.hat. t.he defendant be restrained
from entering her place of employment.
9. The plaintiff desires t.hat Lhe defendant be enjoined
from removing, damaging, destroying or selling any property owned
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9. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
jointly hy the parties or owned solely by the plaintiff.
n. EXCLUSIVE POSSESSION
10. The home from which the plaintiff is asking the Court
to exclude the defendant is owned in the names of the plaintiff
and the defendant.
11. The plaintiff currently has no place to stay with her
children except the marital home, and the defendant has parents,
a sister, and a brother in the area with whom he can stay.
12. The plaintiff desires possession of the home so as to
give the greatest degree of continuity to the lives of the
children and to allow them to continue their education at their
schools and to continue their school and social activities.
C. SUPPORT
13. The defendant has a duty to support the plaintiff and
the minor children.
14. The plaintiff is in need of financial support from the
defendant including, but not limited to: health insurance
coverage, payment of unreimbursed medical expenses for the
plaintiff and the minor children, and the mortgage payment on the
residence at 812 N. Market Street, Hechanicsburg, Cumberland
County, Pennsylvania.
15. The defendant is employed as a computer programer at
4
Nume
AddreH9CH
Da!.es
Plaintiff and
defendant
812 N. Market St.
Mechanicsbllrg, PA
6/91 to
present
The plaintiff, the mother of the children, current.1y resides
at 812 N. Mar'ket Street, Mechanic3burg, Cumberland County,
Pennsylvania.
She is married.
The plaintiff currently resides with the following persons:
Name
RelationHhip
Sirena M. Lehmer
Tyler D. Lehmer
Thomas D. Lehmer
daughter
son
husband
The defendant, the father of the children, currently resides
at 812 N. Market Street, Mechanicsburg, Cumberland County,
Pennsylvania.
He is married.
The defendant currently resides with the fallowing persons:
Name
RelationHhio
Sirena M. Lehmer
Tyler D. Lehmer
Susan E. Lehmer
daughter
son
wi fe
20. The plaintiff haH not previously participated in any
litigation concerning custody of the above mentioned children in
this or any other Court.
21. The plaintiff has no knowledge of any custody
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proceedings corlc'prnlng ttlese ctlildrerl pending before a court in
his or any ot.her jurisdiction.
22. The plaintiff does not know of any person not a party
to this action who has physical custody of the children or claims
to have custody or visitation rights with respect to the
children.
23. The best interests Bnd permanent welfare of the minor
children will be met if custody is temporarily granted to the
plaintiff pending a hearing in this matter for reasons including:
a. The plaintiff is a responsible parent who can best
take care of the minor children and 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.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 et sea., as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the
"Prot:ection from AbllSP Act:"
1. Ordering the defendant to refrain from
abusing the plaintiff or placing her in fear of
abuse.
2. Ordering UH' defendant to ref,'ain from hadng
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives and the minor
children.
4. Prohibiting the defendant from entering the
plaintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destrOYing or selling property jointly
owned by the parties 01' owned solely by the
plaint.iff.
6. Grant.ing possession of t.he home located at
812 N. Market Street, Mechanicsburg, Cumberland
Count.y, PennsYlvania, to t.he plaintiff to the
exclusion of the defendant pending a final order
In this mat.t.er, except. for the limit.ed purpose of
transferring custody of the part.ies' children.
The defendant shall remain in his vehicle at. all
times during the transfer of custody.
7. Orderl ng the defendant to stay away from any
other residence the plaintiff may establish,
8
except for the limited purpose of transferring
custody of the parties' children. The defendant
shull remain in his vehicle at all times d\.ring
the transfer of custody.
8. Granting temporary custody of the minor
children to the plaintiff.
B. Schedule & hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
an order to be in effect for a period of one year:
1. Ordering the defendant to refrain from
abusing the plaintiff or placing her in fear of
abtlse.
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications, except to go to counseling
or facilitate custody arrangements.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives and the minor
children.
4. Prohibiting the defendant from entering the
plaintiff's placR of employment.
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5. Prohibiting the defendant from removing,
damaging, destroying or sell ing property jointly
owned by the parties or owned solely by the
plaintiff.
6. Granting possession of the home located at
812 N. Market Street, Mechanicsburg, Cumberland
County, Pennsylvania, to the plaintiff to the
exclusion of the defendant, except for the limited
purpose of transferring custody of the parties'
children. The defendant shall remain in his
vehicle at all times during the transfer of
custody.
7. 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' children. The defendant
shall remain in his vehicle at all times during
the transfer of custody.
8, Granting support to the plaintiff and the
minor children in an appropriate amount according
to the support guidelines payable to the plaintiff
in the form of a check or money order, mailed to
her residence, and ordering the defendant to
provide health coverage to the spouse and the
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minor children, directing the defendant to pay all
of the unreimbursed medical expenses of the
plaintiff (spouse) and the minor children to the
pr'ovider or to the plaintiff when she has paid for
the medical treatment and directing the defendant
to make or continue to make mortgage payments on
the residence of the plaintiff.
9. 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 furtber asks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
pending a further order at the hearing, and that certified copies
of this Petition and Order be delivered to the Silver Spring and
Mechanicsburg Police Departments which have jurisdiction to
enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
24. The allegations of Count I above are incorporated
herein BS if fully set forth.
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25. The best interest and permanent wrlfare of the minor
children will be served by confirming custody in the plaintiff as
set forth in paragraph 23 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S. ~ 5301 et SPQ., and other
applicable rules and law, the plaintiff prays this Honorable
Court to award custody of the minor children to her.
The plaintiff prays for such other relief as may be just and
proper.
RespectfullY submitted,
Carey, Attorn
for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
CarliSle, PA 17013
(717) 243-9400
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IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-5585 CIVIL TERM
Thomas D. Lehmer,
Defendant
AND NOW,
PROTECTION FROM ABUSE
AND CUSTODY
_\)J ~ ORDER OF COURT
this ~ day of October, 1996, upon consideration
of the attached Motion the fOllowing is ordered:
The Temporary Protection Order of October 9, 1996. shall
remain in effect pending further order of court.
Certified copies of this Order of Court will be provided to
the Silver Spring and Mechanicsburg police Departments by Legal
Services Inc,
By the Court,
Joan Carey
Attorney for Plaintiff
Samuel L. Andes
Attorney for Plaintiff
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Charles Rect.or
At.torney for Defendant
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S\Jsan E. {.chmer,
Plaintiff
IN TfI E COURT OF COMMON PLEAS OF
CLJMIlEHLAND COUNTY, PENNSYLVANIA
v.
NO. 91)-55B5 CIVIL TERM
Thomas D. Lehmer,
Defendant
I'HOTECT I ON FHOM ABUS":
ANI) CIISTODY
!iQ.TJ !lll
The plaintiff moves the Court for an Order reaffirming the
Temporary Protection Order in the above-captioned case on the
grounds that:
1. A Temporary Protection Order was issued by this Court
on October 9, 1996, scheduling a hearing for October 17, 1996, at
11:00 a.m.
2. The Cumberland County Sheriff's Department served the
defendant with a certified copy of the Temporary Protection Order
and Petition for Protection Order on October 15, 1996.
3. The defendant retained Charles Rector of Costopoulos,
Foster and Fields to represent him in the matter.
4, On the day of the bearing, it appeared that the parties
had reached an agreement, and the court directed counsel to put
the agreement into writing.
5. Differences arose between the parties. Agreement has
not been reached, and a final order has not yet been entered.
6. The plaint,; ff has informed Legal Services that she
wishes Samuel L. Andes, whom she had retained to represent her in
divorce, to represcnt~ her in the Protection from Abuse case, and
Attorney Andes has agreed to file a Praecipe to enter his
appearance in the above referenced case.
7. The plaintiff requests that the Temporary Protection
Order remain in effect pending further order of court. The
attorney for the defendant does not oppose this request.
8. Certified copies of the Order of Court will be
delivered to the Silver Spring and Mechanicsburg Police
Departments by the attorney for the plaintiff.
WHEREFORE, the plaintiff requests that the Court grant this
Motion and reaffirm that the Temporary Protection Order remains
in effect until further Order of Court.
Respectfully submitted,
hL-,J ~'-. _/
Joan Carey, Attor~ for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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3, The Defendant is enjoined from harassing and stalking the Plaintiff and from
harassing the Plaintiff's relatives or the parties' children,
4. The Defendant is enjoined from entering the Plaintiff's place of employment.
5, The Defendant is enjoined from removing. damaging. destroying, or selling any
property owned jointly by the parties or owned solely by the Plaintiff.
6. Temporary custody of the parties' minor children, Sirena Marie Lehmer, born
November 22,1985, and Tyler David Lehmer, born June 14, 1987, is hereby awarded to
the Plaintiff, Susan E. Lehmer. The Defendant shall have such periods of temporary or
partial custody as the parties may agree and, if the parties cannot so agree, as may be set
by any subsequent order of court.
7. The Silver Spring and Mechanicsburg Police Departments will be provided with
certified copies of this Order by the Plaintiff's attorney. This Order shall be enforced by
any law enforcement agency where a violation occurs by arrest for indirect criminal
contempt without warrant upon probable cause that this Order has been violated, whether
or not the violation is committed in the presence of the police officer. In the event that an
arrest is made under this section. the Defendant shall be taken without unnecessary delay
before the court that issued the order. When that court is unavailable. the Defendant shall
be taken before the appropriate district justice. (23 Pa.C.S. ~6113).
8. A violation of this order may subject the Defendant to:
i)
arrest under 23 Pa.C.S. ~6113;
ii)
a private criminal complaint under 23 Pa.C,S. ~6113.1;
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II
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