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HomeMy WebLinkAbout96-05872 ; '" ~\ \ JI 1 1 1 I I I 1 , ' .. Cl5 c- .~ \ ! I I I purpose of facilitating custody arrangemcnts, The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. ^ violation of this Order may subject the dcfendant to: I) arrest under 23 Pa.C.S. g61l3; ii) a private criminal complaint under 23 Pa.C.S. g6l13.1i iii) 8 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. Tcmporary custody of Dustin C. Poff and Sean T. Poff is hereby awarded to the plaintiff, Kim M. Poff. A hcaring shall be held on this matter on the ~~~'~ day of - ,1 , I. (~rl- If i' \ , 1996, at /,;1: ,10 ii...m., in Courtroom No.L, Cumbcrland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's requcst and without pre-pa}ment of fces, but scrvice may bc accomplished under uny applicablc II. On or about October 9, 1996, the defendant got angry, ran toward the pluintiff, und threatened her saying, "I'll throw you out the fucking door right now," causing the plaintiFF to feur for her safety. b. On or about October 7, 1996, the defcndant called the plaint i ff vi Ie numes, grabbed her by the legs and neck, picked her up, and threw her across the room. When the pluintiff tried to get up, the defendant grabbed her by the arms and thrcw her onto the floor,causing her to hit the bottom of the wooden Framed couch. When the plaintiff again attempted to rise, the defendant pushed her into the television causing her to fall to the Floor, grabbed hcr under her arms, dragged her to the door of the house, and threw her out onto the porch telling her to "get the hell out of here." As a result of the defendant's abuse, the plaintiff had soreness, pain, and bruising. c. In or about september 1996, the defendant grabbed the plaintiff, pul led her onto the bed, and forceFully held onto her so that she was unable to move. For approximately one hour, whenever the plaintiff tried to move, the defendant repeatedly pulled her back down onto the bed causing her to fear for her safety. d. On several diFFerent occasions since approximately September 1994, the deFendant hus called the plaintiFF 2 vile names and furcefully grabbed and held the plaintiff causing puin. 5. The pluintiff believes and therefure uvers that she is in Immediute and present dunger of abuse from the defendant should she rcmain in the home without the defendant's exclusion and thut she is in need of protection from such abusc. 6. The plaintiff desires thut the defendant be prohibited from huving any direct or indirect contact with the plaintiff including, but nut limited to, telephone nnd written communications, except fur the limited purpose of fucilitating custody arrangements. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, 8. The plaintiff dcsires that the defendant bc prohibited from entering her place of employment. 8. EXCLUSIVE POSSESSION 9, The plaintiff currently has no permanent place to stay with her childrcn except the murital home, and the defendant has his mothcr in the area with whom he can stay. 10. The pluintiff desires possession of thc home so as to give the greatest degree of continuity to the I ives of the children and to allow them 1.0 continue their education at their schools and to continue their school and social activities. J from Abuse Act" of Octuber 7, 1'176, 23 Pu.C.S. ~ 11101 c_t .>Lc!l., as amended, the plaintiff prllYs this lIonurllble Court tel grllnt the following rcl ief: A. Grant d Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, tclephone and writtcn communications, except to facilitate custody arrangements. J. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plai~tiff's relatives. 4. Ordering the defendant to stay away from theplaintiff's place of employment. 5. Granting possession of home located at 225 Eighth Street, New Cumberland, Cumberland County, Pennsylvunia, tu the plaintiff to the exclusion of the defendant pending u finol order in this mot ter, except for the 1 imi ted purpose of transferring custody of the parties' children. The defendont shul I remllin in his vehicle ot 1111 7 times during the transfer of custody. 6. Granting temporary custody of the minor children to the plaintiff. B, Schedule a 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. Order ing the defendant to refrain from abusing the plaintiff and placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephonc and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4, Ordering the defendant to stay away from the plaintiff's place of employment. 5. Granting possession of the home located at 225 Eighth Street, New Cumberland, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, except for the limited purpose of transferring custody of the parties' chi ldren. The defendant shall remain in his 8 vehicle at all times during the transfer of custody. 6. Granting support to the plaintiff and the minor children in an appropriate amount according to thc 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 minor children, directing the defendant to pay all of the unreimbursed medical expenses of the plaintiff (spouse) and minor children of the defendant to the provider or to the plaintiff when shc has paid for the medical treatment ana directing the defendant to moke or continue to make rent or mortgage payments on the residence of the plaintiff. 7. Ordering the defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff. pending a further order at the hearinR, and that a certified copy of this Petition and Order be delivered to the New cumberland police Department which has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and 9 ~ c:n >- ~.' .. ,.::: r l.l : ~ . . ,'. L-, V .J ,.. ~:,. ,'" ('.... " [E": ..- r-= c: I c: > .. 1:-. ., 4..: U' iJ ] \5 ~ ~)i ~ ~ " 3~ ~~ ... .Q Ll iL ~ i I " I ",Iri~h-t;i:ml!!'f'-thrr'-rlefl!nd..nt BI..~lL r.cmal n"1 n-,It! B. vAh lela. With I n Cti~ "ll. ten days of the entry of this Order, the defendant shall give ~\ \0..;00 plaintiff .t2B80;ilO-wltich ,I..h..l f, of.t.h"..nn\ollllt....t.he defendant the 6IP ~ r=..nUy"w.Lthdre", from t.he I".rll et!' h..nk """ount.a. Durin!! the time that the plaintiff resides In t.he residence to the exclusion &If! of the defendant, he shall pay t.he mortg.lge payments and Lh.e. '7!iP pM1:htiff ~hrl+pny the utility expenses. 6. The defendant is ordered to stay away from any other residence the plaintiff may establish, except for the limited uJ9 1t- purpose of transferrinS custody, dtu ~lIg ..,.11~.e~ tiWAC ..he. rll3f'pndant eh.....ll ...elUU,";'1I :n hie V4it~~rlol 7. The defendant is ordered to pay inter{\,~pport to the plaintiff and the minor children the amount of $319.96 ~~r week, '- payable to the plaintiff in the form of a check or money order, 'j I by mail pending the entry of an order by the Cumberland County Domestic Relations Office. The defendant shall make the first payment within ten days of the entry of the Protection Order and each week thereafter. The defendant is further ordered to provide health coverage to the spouse nnd the minor children, and to pay all of the unreimbursed medical expenses of the plaintiff and the minor children t.o t.he provider or t.o the plaintiff if she has paid for the medical treat.ment., and the defendant is ordered conti~ue to mnke mort.gage payment.s on the residence of the plaintiff. 8. The part.les shall at.Lend tHr--l<:ast f8ut counseling [:{p R sessionR regarding issueR including abuse and communication. 9. The <:ollrt COHtH ",\Ii fceH nr'c w'llved. 10. ThlR Order Rhull remain In effect for a period of one year or untiL modified or terminated by the Court. The Order can be extended beyond ItR orl~lnul explrutlon date if the Court has engaged In a pattern or practice that IndicateR continued finds that the defendant haN committed another act of abUNe or risk of harm to the plaintiff. 11. 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; iil) a charge of indirect criminal contempt under 23 Pa.C.S, ~6114, 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. ~6114,1. Resumption of co-re~idence on the part /,1 '\ i , , I I i ! of the plaintiff and defendant shall not nullify the provisions of the court order. 12. The New Cumberland police Department shall be provided with a certified copy of this Order by the plaintiff'S attorney and may enforce this Order 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 a police officer. In the event that an arrest is made under this section. the defendant shall bo taken without unnecessary delay before the court that issued the order. When the residence of the plnlntlfr. 8. 'flIP. pnr'Ues shill 1 ..t.l,l!IlIl ttt;-h'..ttt;-H>tH' counseling s"s,dons regnr'din!! iHSIWS includln!! ..buso nnd communlc..tlon. 9. TIll! derend..nt, ..Ithou!!h ent"r'lnl! into this Agreement, does not ..dmit the all"gntions m~e In the Petition. 10. The defend..nt under.>!tundH thnt. the Protection Order entered In this matter will be in effect for a period of one year and can be extended beyond it origin..l expiration date if the Court finds that the defendant has committed nnother act of abuse ~ or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff, The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this ca>!e. 11. Violation of the Protection Order may subject the defendant to: il arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1i iii) a charge of Indirect criminal contempt under 23 Pa.C.S. ~6114, 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. ~6114.1. 12. The defendant and the plaintiff agree to the entry of an Order providing for the following regarding custody of their children, Dust.ln bnd Selln Poff. 11, The partie>! shall shllre leglll custody of the chi ldren. b. The mother shllll hllve primllry physical custody of the ch I 1 dren.