Loading...
HomeMy WebLinkAbout96-06019 ~. Q "\i '. ~ ':J ~ .'~' The defendant is enjoined from entering the plaintiff's place of employment or the schools of the minor children. The defendant is enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. ^ violation of this order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1; ill) a charge of indirect criminal contempt under 23 Pa.C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and Iv) civii contempt under 23 Pa.C.S. 66114.1. 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 Jordan Grundon-Balliet, is hereby awarded to the plaintiff, Mary K. Grundon. A hearing shall be held on this matter on the /,;JM- day of November, t996, at 1:00 .p.m., in Courtroom No..5""' . Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending n further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may he accomplished under any applicable Rule of civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The West Shore Regional Poi ice Department will be provided with a certified copy 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. ft 6113). Dy the Court, -Jttto~tl Instances of abuse: II. On or about October 28, 1<J96, the dcfendllnt entered the pllllntlff's house uninvited, violently kicked her bnsement door, and forcefully kicked the plnlntlff's couch towllrds her cnusing her to be IIfrllld. He threlltened the plaintiff with punching gestures while she WIIS holding their hllby cuuslng her to fear for her safety and.thnt of her chi Id. [n order to protect herself, the plnlntiff lifted her hllnd to cover her face, but the defendllnt forcefully slnpped it IIway clluslng pain. b, On or IIbout october 27, 1996, the defendllnt repelltedly clIl led the plllintlff between IIp.m. und 2a.m. nnd threatened her saying "If you don't be nice to me, I will kill you." c. In or about September, 1996, the defendant became angry, threw a kitchen knife at the wall, and forcefully grabb~d the plaintiff's arm causing soreness and pain. d. On or about December 18, 1995, while holding their hnby, the defendnnt became angry, pulled his fist back threatening to hit the plnintlff, nnd forcefully grahbed her wrist IInd bent it hackwards causing puin. Lllter that dllY, the defenrJllnt kicked in II glass panel on the plaintiff's front dnnr, unlocked the door nnd 2 threlltened her pUlling his fist buck ns if to punch the plulntiff, who wus holding their buby. Thc plaintiff culled the police; the defendunt wus urrested and sentenced to imprisonment until April, 1996, for brellking und entcring, simple nssnult, and terroristic thrents due to this incident. S. On or IIhout october 2B, 1996, the plaintiff and the four minor children tempornrily left their residence at 2BJ Clark street, Lemoyne, Cumberlnnd County, Pennsylvnnln, in order to avoid further nbuse. 6. The plaintiff desires that the defendnnt be prohibited from having nny direct or indirect contnct with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody nrrnngements, 7. The plaintiff desires thnt the defendant be enjoined from harnssing and stnlking the plnintiff, nnd from harassing the plainti ff's relllt ives. 8. The pluintiff desires thnt the defendnnt be restrained from entering her plnee of employment or the schools of the minor chi Idren. 9. The plaintiff desires thut the defendant be enjoined from removing, dumaging, destroying or selling nny property owned by the pluintiff. J D. LOSSES AND REIMBURSEMRNT FOR COST OF CASR 10. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc. 's funding sources for the cost of litigating this case. E. TEMPORARY CUSTODY 11. The plaintiff seeks temporary custody of the following child: N.!!m.!l. Jordan GruncJon- 8a Iliet Present Residencc 618 North second Street Wormleysburg, FA AJW. 10 mths. old Don (11/17/95) Thc child was born out of wedlock. The child is presently in the custody of the plaintiff, Mary K. Grundon, who resides at 283 Clark Street, Lemoyne, cumbcrland County, Pennsylvania. Since her birth, the child has resided with the following persons and at thc following addresscs; ~ Plaintiff Joshua, Rache I, and Abigail (siblings) Plaintiff Joshua, Rache I, and Abigail (siblings) Mike and Emma Kazar (grandparents) Mary Grib (great-grandmother) Addrcsscs Dates 283 Clark Street Lemoyne, PA 11/17/95 to 10/28/96 618 North Second Street Wormleysburg, PA 10/28/96 to Present The plaintiff, Mary K. Grundon, the mother of the child, is 4 child will be met if custody Is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff, who has been the child's primary caretaker. is a responsible parent who can best provide for the needs of the minor chi Id. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 2J Pa.C.S. 9 6101 tl lUlli., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of Ilbuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communiclltions, except to facilitate custody Ilrrangements. ], Ordering the defendant to refrain from harassinK and stalking the plaintiff and from hllrassing the plaintiff's relatives. 6 4, Prohibiting the defendant from entering the plaintiff's plnce of employment and the schools of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plnintlff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 283 Clark Street, Lemoyne, Cumberland County, PennsYlvania, which the parties hnve never shared, and any other residence the plaintiff may estnbllsh, except for the limited purpo~e of transferring custody of the parties' child. The defendant shall remain In his vehicle at all times during the transfer of custody. 7. Granting tempornry 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. Ordering the defendant to refrnin from abusing the plnintiff and placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff 7 including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing nnd stalking the plaintiff and from harassing the plaintiff's relatives. 4, Prohibiting the defendant from entering the plaintiff's place of employment or the schools of the minor children. 5. Prohibiting the defendant from removing, danmglng, destroying or selling property owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 283 Clark Street, Lemoyne, Cumberland County, Pennsylvania, which the parties have never shared 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 the transfer of custody. 7. Ordering the defendant to pay $250.00 to reimburse one of Legal Ser~ices, Inc.'s funding sources for the cost of litigating this case. The plaintiff further asks that this Petition be filed and 8 served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the West Shore Regional Pollee Department which has jurisdiction to enforce this Orde r . The plaintiff prays for such other relief as may be just and proper. COUNT I I CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 16. The allegations of Count I above are Incorporated herein as If fUlly set forth. 17. The best Interest and permanent welfare of the minor child will be served by confirming custody In the plaintiff as set forth In paragraph 15 of the petition. WHEREFORE, pursuant to 23 Pa.C.s. 9 5301 ~ ~. I and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Q'-::,J ~L---!-. a~"';;;rey, Attorney r Plaintiff LEGAL SERVICES, INC. II Irvine Row Carlisle, PA 17013 (717) 243-9400 9 The above-named plaintiff, ~ar, K. Orundon. verifies that the statements made in the above Petition are true and correct. The piaintiff understands that faise statements herein are made subject to the penalties of 18 Pa.C.S. g 4904 relating to unsworn falsification to authorities. Date: /1) /1{ t/~ rundon, Plaintiff \II J ~ ...::.. ~ - \ L \ tr. 0\ -- ;:!: In ~ ~!2 "' '} '- )~r ....- - ff~;'! :"i !;) ~~; ~ ..,~1 _t :..:!~ :1/) a:~!J ~. IJ:- r!:: CJ iJJrf t.. ~ \0 ,.. 0 ::::5 0) (.) . \ SHERIFF'!; R~:TlJRN - REGUI.AR CASE NOI 1996-06019 P CIJI1I1UNWF.AI.TH OF PENNSYLVANIA I COUNTY UP CUI1BERLANO GRUNDUN I1ARY .!L___. VS. !3AI.I.IF.T 13LF;..~JL__'_h .J11l0THY R~ITZ . Sheriff or Deputy Sheriff of CUI1BERLAND County, Pennsylvani., who being duly sworn according to law, says, the within PROTF.CTION FROI1 ABUSE was served upon _IlA.LLIET .!ll.fJL1L__ the defendant, at 1754100 HOURS, on the ~ day of November 1996 at 273 CLAR~ STREET LEI10Y~-L' PA 17043 .CIJI1BERLAND County, Pennsylvania. by handi.ng to 13L~:N B. BAl.LIF.T Q true and attested copy of the -ER.Q'LECTION FROI1 ABUSE together with TEJlPORARY PRQ..T..ECTIOIL9.R!l_ER._ NOTtCr-: AND PETITION . ~'lJR ORDER n ______ _ ___. __nn _.___ .________._________.._---J and at the same time directing Hi~ attention to tho contents thereof. Sheriff'l] Costs: Dockoting Service Affidavit Surcharge 18.00 9.92 .00 2.00 107.9.97. So an?~~ ~liomas-l{nri'e;_5neri-:t:t-._-- --- ."..,.... ;lJi::- by 7~ . ,-r- ~ eputy" ~er ." Sworn and subscribed to before me this 10/ day of lIJ.....,.....}. 19__9-L A. D. (j~r~~'h~ /1.if7 '- , Mary K, Grundon, Plaintiff IN TilE COURT Of' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-6019 CIVIL TERM Glen B. Balliet, Defcndant PROTECTION FROM ABUSE AND CUSTODY AND NOW, PROTECT ION ORDER this \~1~ day of November, 1996, upon consideration of the Consent Agreement of the parties, the following Order is entered: I, The defendant, Glen B. Balliet, is enjoined from physically abusing the plaintiff, Mary K. Grundon and from placing her in fear of abuse. 2, The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone /lncl written communic/ltions, except for the limited purpose of facl lit/lting custody arrangements, 3, The defendant is ordered to refrain from harassing and stalking the plaintiff /lnd from harassing the plaintiff's relatives. 4, The defendant is prohibited from entcring the plaintiff's place of employment /lnd the school of the minor children, except when he is attending worship services which /lre located at the S/lme f/lcility where the children attend school. 5, The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff. 6, The defendant is ordered to st/lY away from the plaintiff's residence located at 283 Clark Street, Lemoyne, Cumberland County, Pennsylvania, and any other residence the plaintiff may establisb, except for the limited purpose of transferring custody during which times the defendant shall remain outside. 7. This Order shall remain in effect for a period of one year or until modified or terminated by the Court. The Order can be extended beyond its original expiration date if the Court finds that the defendant has co~nitted another act of abuse or has engaged In a pattern or practice that indicates continued risk of harm to tbe plaintiff. 8. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. Y6t13; ii) a private criminal complaint under 23 Pa.C.S. Y6l13.1; Iii) a charge of indirect criminal contempt under 23 Pa.C.S. Y6tl4, punishable by Imprisonment up to six months and a fine of $IOO.OO-$i,OOO.OO; and Iv) civil contempt under 23 Pa.C.S. Y6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 9. The West Shore Regional 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 nmde under this section, the defendant shall be Mary K. Grundon, Plaintiff IN TilE cOURT OF COMMON PLEAS Oi" v . CUMBERLAND COUNTY, PENNSYI.VANIA NO. 96-6019 CIVIL TERM Glen B. Balliet, Defendant PROTECTION FROM ABUSE AND CUSTODY r.USTODY OIWlm AND NOW, this .-lit!... day of November, 1996, upon consideration of the parties' Consent Agreement, the following Order Is entered with regard to custody of the parties' child, Jordan Grundon-Balllet. I. The plaintiff, Mary K. Grundon, hereinafter referred to as the mother, shall have primary physical and legal custody of the child. 2, The defendant, Glen B. Balliet, hereinafter referred to as the father, shall have supervised visits with the child one day a week for four hours with a supervisor agreed upon by the parties. These visits will be at times und places agreed upon by the parties. The mother shall be present at the first few visits which take place with Jim Law as the supervisor. 3. The father shall not use or abuse alcohol before or during the supervised visits. ]. The mother and father, by mutual agreement, may vary from this schedule at uny time, but the Order shall remain In effect until further order of COllrt, 4. The mother and futher shall not ify the other Immediately of medical emergencies which arise while the child is in that parent's core. 5. Neither party shull do anything which may estrange the child from the other parent. or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other paren t. By the Court. Joan Carey Jone Muller-Peterson Attorneys for Plaintiff Olen B. Balliet Pro Se i 6. The defendant agrees to stay away from the plaintiff's residence located at 283 Clark Street, Lemoyne, r.umberland County, Pennsylvania, which the parties have cever shared, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody. The defendant shal I remain outside at all times during the transfer of custody. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this mat tel' wi II be in effect for a (leriod of one year and can be extended beyond it original expiration date if the Court finds that the defendant has co~nitted another 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 Orddr entered in this case. 9. Violation of the Protection 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. I; I Ii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6t14, 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.I. 10. The defendant and the plaintiff a~ree to the entry of an Order providing for the following rugarding custody of their chi Id, Jordan Grundon-nall iet. a. The mothur shall have primary physical and legal custody of the child. b. The fllther shall have supervised visits with the child one dllY a wel'k for four hours with 11 supervisor agreed upon by the parties. These visits will be at times and places agreed upon by the purt les, The mother shall be present ut the first few visits which take plRce with Jim LRW as the supervisor. c. The futher shul I not use or Rhuse alcohol before or during the supervised visits. d. The mother Rnd fRther. by mutuRI agreement, mRY vary from this schedule at Rny time, but the Order shall remain in effect unt i I further order of court. e. The mother and father agree that each shull notify the other immediately of medlcul emergencies which arise while the child is In that parent's care. f. The motber and father realize that their child's well being Is puramount to uny differences they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the chi Id's love or respect for the other parent, WHEREFORE, the parties request that a Protect ion and a Custody Order pe entered to - vJ.- L;:... '- . X:::;;-Z'tt };"t:Ic'JJ M ry . Grun~, Plaint i ff _ tL..J...~.t\,_tX.<.-...';.}JZ:- - Ja Muller-Peterson Joan Carey Attorneys for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 1701:\ (717) 24.1-9400 reflect the ~lbO~ t. I ~;;.~/ Glen R. all iet, Oefendant ~ r- hit:: .."J ~ -' l':'~ """ t", r'I'-; ::0: y::~ ...:; @,~ '" i~. f.~: L _.: (5 \0 ~.i Ol LJ I:: " 'I ~ ~ @ '_~ , ).--': , -- .J. ':;::J . (;) ;.< ,.:j I.lU4 . .