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HomeMy WebLinkAbout96-06195 t-- .'" '" \" ~ lit '> l'" ..t ~ . ~ :::t - . . ::l '.. cJ '.1\ a- - -' . ~ 0- , ~ " RACHEL REBECCA HERSHEY, Plaintiff . IN THE COURT OF COMMON PLEAS OF v, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96- (;/ '1~' CIVIL TERM JON CARL HERSHEY, Defendant . PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER ,-} AND NOW, this L of November, 1996, upon presentation and consideration of the within Petition, and upon finding that the plaintiff. Rachel Rebecca Hershey, temporarily residing at an undisclosed location for her protection and to avoid liJrther abuse, is in immediate and present danger of abuse from the defendant, Jon Carl Hershey, the following Temporary Order is entered. L,lW enforcement agencies, human sen'ice Ilgencies ,md schoul llistricts shall not disclose the presence of the plaintiff aneVor the chilllren in the jurisdiction or Ilistrict or furnish Ilny a,ldress, telephlme number, or any other demograpllic information about the plaintiff aneVor chiltlren except by further Ortler of Court The defendant, Jon Carl Hershey, (SSN: 187-48-2665)(008: 6/18/56), now residing at 40A Old Stone House Road, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff. Rachel Rebecca Hershey, or Irom placing her in fear of abuse, The defendant is ordered to stay away Irom the plaintill's residence located at l473A Cockley Meadow Road, Boiling Springs, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff. to which the plaintiff and the minor children moved to avoid abuse, and is ordered to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody of the parties' children. The defcndant shall remain in his vehicle at all times during the transfcr of custody. The defendant is ordered to retrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. The defendant is enjoined from harassing and stalking the plaintitl' and from harassing her relatives, or the parties' minor children. The defendant is enjoined from entering the plaintill's place of employment during her shill, the school and the day care facility of the parties' minor children. The defendant is enjoined from removing, damaging. destroying or selling any property owned jointly by the parties or owned by the plaintiff. 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; 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 contemptllnder 23 Pa,C,S, ~6114,1. 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 an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. Temporary custody of Tyler Jon Hershey, Emily Gaa Hershey, and Sara Rebecca Hershey, is hereby awarded to the plaintiff, Rachel Rebecca Hershey. The defendant is ordered to relinquish to the sherifrs department any weapons which he owns or possesses, and the defendant is prohibited from acquiring or possessing any weapons for the duration of this Order. - .~-- A IIEARING SIIALL BE IIELD ON TillS MATIER ON NOVEMBER...l2. 1996. 'J' G ')) ) AT ,'< ' I .M" IN COURTROOM NO,..2...-, OF TilE CUMBERLAND COUNTY COURTIIOUSE, CARLISLE. PENNSYLVANIA. The plaintilT may proceed without pre-payment of fees pending a further order aller the hearing. The Cumberland County Sheriffs Department shall attempt to make service at the plaintifl's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure, This Order shall be docketed in the office of the Prothonotary and forwarded 10 the SherilT for service, The Prothonotary shall not send a copy of this Order to the defendant by mail, The Pennsylvania State Police and the Carlisle Police Department shall be provided with certified copies of this Order by the plaintifl's attorney, This Order shall be enforced by any law enlorcement 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, ~6lI3), Judge Joan Carey LEGAL SERVICES, INC. Attorney lor PlaintilT RACHEL REBECCA HERSHEY, Plaintiff : IN HIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 96- 4 i 'h/ CIVIL TERM JON CARL IIERSIIEY, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. ~6101 et seq. A. ABUSE I. The plaintiff. Rachel Rebecca Hershey, is an adult individual residing at 1473A Cock ley Meadow Road, Boiling Springs, Cumberland County, Pennsylvania 17007, 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 3, The defendant, Jon Carl Hershey, (SSN: 187-48-2665)(DOB: 6/18/56), is an adult individual residing at 40A Old Stone House Road, Carlisle, Cumberland County, Pennsylvania, 17013, 4. The defendant is the husband of the plaintill" and the father of the parties' three minor children, Tyler Jon Hershey, Emily Gaa Hershey, and Sara Rebecca Hershey, 5, Since approximately July, 1996, the defcndant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff. placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committcd acts toward the plainti1l: including following thc plaintifl' without proper authorization, under circumstances which have placed the plaintill" in reasonable fear of bodily injury. This has includcd, but is not limited to, the following specific instances of abuse: a) On or about November 5, 1996, the defendant pushed the plaintiff about the kitchen, b) On or about November 2, 1996, the defendant threatened the plaintiff saying, "I'm gonna kill Jeff (the plaintitfs friend), I'm gonna punch his nose back into his brain and kill him. lie's gonna pay for this." ^ few days al\er this the defendant stalked the plaintitl's freind and again threatcned hiim saying that he would "pay," c) On or about Octobcr 27, 1996, the defendant waited for the plaintiff to return home from work, threatened her saying, "You're gonna pay," yelled at her, and called hcr humiliating names, When the plaintiff tried to go to sleep, the defendant pushed her about, straddled her, and restrained her by pinning her shoulders down, Later when thc plaintiff got up to get the parties' son somcthing to drink, the defendant shoved her in the hallway, d) On or about October 23, 1996, the defendant demanded that the plaintiff, who was tending to the parties' minor children, givc him her wedding ring, and threatened her saying, "I'll get that ring minus your finger or not; I'll have that ring." Then the defendant grabbed the plaintiff by her wrist, pushed her onto the couch, and tried to pry her fingers open to get the ring off. The plaintiff got away, returned to tending to the children, and when she walked back through the living room, thc defendant again grabbed hcr by the wrist, pushed her onto the couch, and tricd to get the ring oll' of hcr fingcr, Later in the evening, when the plaintiff tried to talk to the defendant about their situation, hc grabbed her by the neck, pushed her down onto the kitchen table, and held her there by her neck, The plaintitf sustaincd scratchcs on her knuckles and bruising about her wrist as n result of this incident. e) In or about mid-September, 1996, the defendant yelled at the plaintiff, called her names, and threatened her saying, "I'm so mad at you I could punch you in the face." l) In or about July, 1996, the plaintill'lbund the defendant holding a handgun and ammunition clip, The defendant had threatened to kill himself causing the plaintiff to fear for her safety, g) Since approximately July, 1996, the defendant has pushed, shoved, and restrained the plaintilf, and has purposely deprived her of sleep several times each week, 6. On or about November 6, 1996, the plaintiff and the parties three minor children left their residence at 40A Old Stone House Road, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse, 7, The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the delimdant and that she is in need of protection from such abuse, 8, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements, 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives, or the minor children. 10. The plaintilT desires that the defendant be restrained from entering her place of employment during her shift or the school or day care facility of the minor children. II, The plainlill' desires that the delendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. 12, The plaintitT desires that any weapons the defendant owns, possesses, be confiscated by the Sherill's Department, and that the defendant be prohibited from acquiring or possessing weapons for the duration of this Order, !!....EXCl,lISIVE POSSESSION 13, The apartment from which the plaintill' is asking the Court to order the defendant to stay away from is rented in the name of the plaintiff, Rachel Rebecca Hershey, and the defendant has never resided there, The plaintiff is not seeking the eviction of the defendant from the marital residence. 14, The plaintiff cannot reveal the names of the owners of the home because the names will disclose her whereabouts which must be kept confidential for her protection, C. SUPPORT 15. The defendant has a duty to support the plaintiff and the parties' three minor children, 16, The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage. payment of un reimbursed medical exp~nses for the plaintiff and the children, and the mortgage payment on the residence at 40A Old Stone House Road, Carlisle, Cumberland County, Pennsylvania, 17, The defendant is employed at General Mills Corporation, 1605 Shearer Drive, Carlisle, and has an hourly wage of $15,59. 18, The plaintilfs in~ome is insufficient to provide for her minimal needs and those of the children until such time as a support order can be obtained by filing at the Domestic Relations Office, 19. The plaintiff intends to petition for support within two weeks of the issuance ofa protection order, The plaintiff currently resides with the following persons: ~ Tyler Jon Hershey Emily Gaa Hershey Sara Rebecca Hershey Rtlalion!hip her son her daughter her daughter The defendant, the father of the children, is Jon Carl Hershey, currently residing at 40A Old Stone House Road, Carlisle, Cumberland County, Pennsylvania. He is married, The defendant currently resides alone. 21. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court, 22, The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction, 23, 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, 24, The best interests and 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 she 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 P.S. 96101 ~ KlI., as amended, the plaintilTprays this Honorable Court to grant the following relief A. Grant a Temporary Order punuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff or from placing hcr in fear of abuse; 2, Ordering the defendant to refrain Ii-om having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements; 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the minor children; 4, Prohibiting the defendant from entering the plaintifl's place of employment during her shill. the school or the day care lacility of the minor children; 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff; 6. Ordering the defendant to stay away from the plaintifl's current residence at an undisclosed location for her protection and to avoid further abuse; 7. Ordering the defendant to stay away from the plaintifl's residence located at 1473A Cockley Meadow Raad, Boiling Springs, Cumberland County, Pennsylvania, which the parties have never shared, and from any residencc the plaintilf may in thc future establish for herself; 8. Granting temporary custody of the minor children to the plaintiff; 9. Ordering the defendant to relinquish to the sherill's department any weapons which he owns or possesses, and prohibiting the defendant from acquiring or possessing any weapons lor the duration of the order, 8. 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 pulod of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or from 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, telephone and written communications, except to facilitate custody arrangements, 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the minor children, 4, Prohibiting the defendant from entering the plaintiff's place of employment during her shill, or the school or the day care facility of the minor children, 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintill's current residence located at an undisclosed location for her protection and to avoid further abuse; 7. Ordering the defendant to stay away from the plaint ill's residence located at 1473A Cockley Meadow Road, Boiling Springs, Cumberland County, Pennsylvania, which the parties have never shared, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for hersdf; 8. Ordering the defendant to relinquish to the sherifl's department any weapons which he owns or possesses, and prohibiting the defendant from acquiring or possessing any wcapons for thc duration of the Order. 9. Granting support to the plaintiff and the parties' three minor childrcn in the amount of $200.00 per week payable to the plaintiff in the form of a check or money order, mailed to her mailing address; ordering the defendant to provide health coverage to the plaintiff and minor children; ordering the defendant to pay aU of the unreimbursed medical expenses of the plaintiff and minor children to the provider or to the plaintiff when she has paid for the mcdical treatment, and ordering the defendant to continue to make mortgage payments on the marital residence at 40A Old Stone House Road, Carlisle, 10. Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Serviccs, Inc.'s funding sources as reimbursement for the cost of litigatillg this case, and assessing the $25,00 surcharge and court costs to the defendant if the case goes to hearing. The plaintiff further asks that this Petition be filed and served without paymcnt 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 thc Pennsylvania State Police and the Carlisle Police Departments and any appropriate police departments which have jurisdiction to enforce this Order, C" \ . - i-~. t... " , ul: () '. i.,:': \.:-- q'l , " (~ (', ,~. ,. , :.!\" '- " . , , .'. , , 4. A hearing was scheduled on this matter on November 19. 1996. 5. At the lime scheduled for the hearing, the parties, by and through their counsel, agreed to settle the matter and began negotiating terms of a consent agreement. 6. On or about November 26, 1996, Counsel for Plaintiff filed a Motion for Continuance and an Order for Continuance was entered on November 26, 1996 which kept the November 12, 1996 Temporary Protection Order in effect unlll further order of Court. A true and correct copy of said Order is attached hereto as Exhibit B. 7. Since that date, there have been further Orders of Court relative to custody and child support, but to date, a consent agreement was never executed by the parties nor has there been an order of Court relative to the November 12, 1996 Temporary Protection Order, 8. Now, one year after the first entry of the Temporary Protection Order, Petitioner respectfully requests this Honorable Court vacate the Protection From Abuse Order issued on November 12, 1996. 9. Petitioner also respectfully requests that this Honorable Court order the return of the Petitioner's weapons presently in the possession of the Cumberland County Sheriffs Department. , WHEREFORE, Petitioner requests this Honorable Court to vacate the Temporary Protection Order docketed at No, 97.4352 and to Order the Cumberland County Sheriffs office to return any and all firearms in Its possession belonging to the Petitioner, Respectfully submitted, Q+t ~0 Peter J. Russo DATE: Nl'\,\ ~\, ,qq, . RACHEL R. HERSHEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA q ~-t.I9.S; 97 "9~2 CIVIL TERM PROTECTION FROM ABUSE JUDGE GEORGE E. HOFFER, JR. v, JON C. HERSHEY Defendant VERIFICATION Peter J. Russo, Esquire, hereby states that I am counsel for Defendant, Jon Carl Hershey, and that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities c;:?-h- .cv- Peter J. Russo Attorney for Defendant DATE: ~ C"l'-l, "do \ I \ 'I'rl RACHEL REBECCA HERSHEY, Plaintiff : IN TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v, / : NO, 96. (.. I 'I ~ CIVil. TERM ION CARL HERSHEY, Defendant : PROTECTION FROM ABUSE TEMPORARY PRO:rncnON l)RDER ..,.,- AND NOW, this I~ of November, 1996, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Rachel Rebecca Hershey, temporarily residing at an undisclosed location for her protection and to avoid funher abuse, is in immediate and present danger of abuse from the defendant, Jon Carl Hershey, the following Temporary Order is entered. Lalli enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff anrVor the children in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff,mrVor children except by further Order of Court. The defendant. Jon Carl Hershey, (SSN: 187-18-2665)(00B: 6/18/56), now residing at 40,\ Old Stone House Road. Carlisle. Cumberland County, Pennsylvania. is hereby enjoined from physically abusing the plaintiff: Rachel Rebecca Hershey, or from placing her in fear of abuse, The defendant is Qrdered to SlaY away from the plaintiffs residence located at 1473,\ Cockley Meadow Road. Boiling Springs. Cumberland County, Pennsylvania. a residence which :5 leased solely by the plaintiff. to which the plaintiff and the minor children moved to avoid abuse. and is ordered to stay away from any residence the plaintiff may in the future establish for herself. 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. The detcndant is ordered to refrain from having any direct or indirect contact with the plai:ttiff including, but not limited to, telephone and written communic:ltiottS, except for the limited pwpose of facilitating custody arrangements, The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives. or the parties' minor children. TIle detcndant is enjoined from entering the plaintiff's place of employment during her shift, the school and the day care facility of the parties' mL'1or children. The detcndant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. A violation of this Order may subject the detcmdant to: i) arrest under 23 PaC,S, 96113; ii) a private criminal complaint under 23 PaC,S. 96113,1; iii) a charge of indirect criminal contempt under 23 PaC,S, 96 114, punishable by imprisonment up to six months and a fine of $100,00-$1,000.00; and iv) civil contempt under:3 Pa.C.S. 961 14,\, Resunlption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order, This Order shaII remain in effect until modified or terminated by the Court and can be e.'ttended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk ofharm to the plaintiff. Temporary custody of Tyler Jon Hershey, Emily Gaa Hershey, and Sara Rebecca Hershey, is hereby awarded to the plaintiff: Rachel Rebecca Hershey, The defendant is ordered to relinquish to the sheriff's department any weapons which he owns or possesses, and the defendant is prohibited from acquiring or possessing any weapons for the durntion of this Order. '"- A BEARING SHALL BE HELD ON THIS MA'ITER ON NOVEMBER Li.. 1996, AT ,}.;OO -{l-.M..INCOURTROOMNO...4.., OF THE CUMBERLAND COUNTY COURmOUSE, CARLISLE, PENNSYL V ANL\. The plaintiff may proceed without pre-payment of fees pending a funher order after the hearing. The Cumberland County Sheriffs Department shall attempt to make service at the plaintifl's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of thp. Prothonotary and forwarded to the Sheriff for service, The Prothonotary shall not send a copy of this Order to the defendant by mail. The Pennsylvania State Police and the Carlisle Police Department shall be provided with cenified copies of this Order by the plaintifl'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 conunitted in the presence of the police officer, In the event that an arrest is made. under this section. the defendant shall be taken \vithout uMccessary delay before the coun that issued the order, When that coun is unavailable. the defendant shNl be taken before the appropriate district justice. (23 Pa,C.S, 96113), By the Court, 10/ 6.t~ $"~ /.f~~ <::fudge Joan Carey LEGAL SERVICES. INe. Attorney for Plaintiff TRUE COpy FROM RECORD In T etitlmony 'Hherecf, I hero unto set my hand .:nd the seal at said Ccurt al Carlisle, Pa. rhis t:l ~ _ day of 7U,,~....~ 1 g C; (, "'-- l.'lilo'- (' n'L PI~. I L!JI::::- ~j . I Prothonotary , RACHEL REBECCA HERSHEY, Plaintiff : IN TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYL V ANlA v, : NO. 96. CIVIL TERM JON CARL HERSHEY. Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER TIlE PROTECTION FROM ABUSE ACT,23 Pa.C,S. ~6101 et seq. A. ABUSE L The plaintiff: Rachel Rebecca Hershey, is an adult individual residing at 1473A Cockley Meadow Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 3. The defendant. Jon Carl Hershey, (SSN: 187-48-2665)(OOB: 6/18/56), is an adult individual residing at -lOA Old Stone House Road, Carlisle. Cumberland County, Pennsylvania, 17013, 4, The defendant is the husband of the plaintiff and the father of the parties' three minor children. Tyler Jon Hershey, Emily Gaa Hershey, and Sara Rebecca Hershey, 5, Since approximately July, 1996, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff: placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff. including following the plaintiff without proper authorization. under circumstances which have placed the plaintiff in reasonable fear of bodily injury, nus has included, but is not limited to, the following specific instances of abuse: . a) On or about November 5, 1996, the defendant pushed the plaintiff about the kitchen. b) On or about November 2, 1996, the defendant threatened the plaintiff saying, "I'm gonna kill Jeff (the plaintiff's mend), I'm gOMa punch his nose back into his brain and kill him. He's gOMa pay for this." A few days aftcr this thc dcfendant stalked the plaintiff's frcind and again thrcatcned hiim saying that he would "pay," c) On or about October 27, 1996, the defendant waited for the plaintiff to return home from work., threatened her saying, "You're gonna pay," yelled at her, and called her humiliating names, When the plaintiff tried to go to sleep, the defendant pushed her about, straddled her, and restrained her by pinning her shoulders down, Later when the plaintiff got up to get the panies' son something to drink. the defendant shoved her in the hallway, d) On or about October 23, 1996, the defendant demanded that the plaintiff: who was tending to the parties' minor children, give him her wedding ring, and threatened her saying, "I'll get that ring minus your finger or not; I'll have that ring," Then the defendant grabbed the plaintiff by her wrist, pushed her onto the couch, and tried to pry her fingers open to get the ring off. The plaintiff got away, returned to tending to the children, and when she walked back through the living room, the defendant again grabbed her by the wrist. pushed her onto the couch, and tried to get the ring off of her finger, Later in the evening, when the plaintiff tried to talk to the defendant about their situation, he grabbed her by thc neck., ~ '; e<;. pushed her down onto the kitchen table. and held hcr therc by her neck, The plaintiff sustained scratches on her knuckles and bruising about her wrist ilS a rcsult of this incident, , ,I I I ,I I . e) In or about mid-September, 1996, the defendant yeUed at the plaintiff, called her names, and threatened her saying, "I'm so mad at you: could punch you n.';I~~" in the face," y;:.;!--- t) In or about July, 1996, the plaintiff found the defendant holding a handgun and ammunition clip. The defendant had threatened to kill himself causing the plaintiff to fear for her safety, 8) Since approximately July, 1996, the defendant has pushed, shoved, and restrained the plaintiff, and has purposely deprived her of sleep several times each week. 6. On or about November 6, 1996, the plaintiff and the panies three minor children left their residence at 40A Old Stone House Road, Carlisle, Cumberland County, Pennsylvania, in order to avoid funher abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. S, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, <=xcept for the limited purpose of facilitating custody arrangements, 9, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff: and from harassing her relatives, or the minor children, 10, The plaintiff desires that the defendant be restrained from entering her place of employment during her shift or the school or day care facility of the minor children. 11, The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jeintly by the panies or owned by the plaintiff, \ ! , I , I \ I 12. The plaintiff desires that any weapons the defendant owns. pos~ses, be confiscated by the Sherill's Department, and that the defendant be prohibited from ;!cquiring or possessing weapons for the duration of this Order. B, EXCLUS"(Vl; POSSESSIO!"! 13, The apartment from which the plaintiff is asking the Court to order the defendant to stay away from is rented in the name of the plaintiff, Rachel Rebecca Hershey, and the defendant has never resided there. The plaintiff is not sel'king the eviction of the defendant from the marital residence, 14, The plaintiff cannot reveal the names of the owners of the home because the names will disclose her whereabouts which rmlst be kept confidential for her protection. C. SUPPORT 15. The defendant has a duty to support the plaintiff and the parties' three minor children. 16. 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 children. and the mortgage payment on the residence at 40A Old Stone House Road, Carlisle. Cumberland County, Pennsylvania, 17, The defendant is employed at General Mills COfllorarlon. 1605 Shearer Drive. Carlisle. and has an hourly wage of S 15.59. 18, The plaintiff s income is insufficient to provide for her minimal needs and those of the children until such time as :l support order can he obtained by tiling at the Domestic Relations Office. 19. The plaintiff intends to petition lor support within twO weeks of the issuance of a protection order, 0, REIMBURSEMENT FOR COST OF CASE 20, The plaintiff' asks that the defendant be ordered to pay $250.00 to Cumberland County, one oftega! Services, mc.'s funding sources as reimbursement for the cost of litigating this case, and that the defendant be assessed the $25,00 surcharge and any court costs if the case goes to hearing. E. TEMPORARY CUSTODY 21. The plaintiff seeks temporary custody of the following children: Name Addr'C'5S Tyler Jon Hershey undisclosed location Sara Rebecca Hershey undisclosed location AG 4 years old DOB: January 2. 19\12 2 years old DOB: May 9, 1994 2 years old DOB: May 9, 1994 Emily Gaa Hershey undisclosed location The children were not born out of wedlock. I I I i , j .i , I The children are presently in the custody of the plaintiff: Rachel Rebecca Hershey, who is temporarily residing at an undisclosed location for her protection and to avoid funher abuse, Since their binhs the children have resided with the following persons and at the following addresses: Name - Plaintiff Address undisclosed location Dntes November 6, 1996 to the present Plaintiff and det"endant <lOA Old Stone House Road Carlisle. PA November, 199:!. to November 6, 1996 Plaintiff and det"endant forge Road Carlisle, P A January ~ 1992 November, 1992 The plaintiff: the mother of the children. is Rachel Rebecc:l Hershey, currently residing at an undisclosed loc:ltion for her protection and to avoid funher abuse. She is married, 4 .. . The plaintiff currently rcsides with the foUowing persons: &me Tyler Jon Hershey Emily Gaa Hershey Sara Rebecca Hershey Relationshio her son her daughter her daughter The defendant, the father of the children, is Jon Carl Hershey, currently rcsiding at 40A Old Stone House Road, Carlisle, Cumberland County, Pennsylvania. He is married. The defendant currently resides alone, 2 I. The plaintiffhas not previously panicipated in any litigation concerning custody of the above mentioned children in this or any other Court. 22. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 23. 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. 24, The best il.terests and permanent welfare of the minor children wiU 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 she has provided for the emotional and physical needs of the children since their binhs. b. The defendant has shown by his abuse of the plaimiffthat he is not an appropriate role model for the minor children, WHEREFORE, pursuanl to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P,S. ~6101 ~ ml., as amended, the plaintiff prays this Honorable Court to granl the following relief: A. Grant a Temporary Order pursuant 10 the "Protection from Ahuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact wilh the plaintiff including, bUI not limited to, telephone and written communications, except 10 facilitate custody arrangemenls; 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the minor children; 4, Prohibiting the defendant from entering the plainliff's place of employment during her shift, the school or Ihe day c:lI"e facility of the minor children; S. Prohibiting the defendanl from removing, damaging, deslroying or selling property jointly owned by the parties or owned by the plainliff; 6. Ordering the defendanl to slay away from the plaintiff's CUrTent residence al an undisclosed location for her protection and to avoid further abuse; 7, Ordering the defendanl to stay away from the plaintifl's residence located at 1473A Cockley Meadow Road, Boiling Springs, Cumberland County, Pennsylvania., which the parties have never shared, and from any residence the plaintiff may in the future establish for herself; 8, Granting temporary custody of the minor children to the plaintiff: .. , 9, Ordering the defendant to relinquish to the sherifi's department any weapons which he owns or possesses, and prohibiring the defendant from acquiring or possessing any weapons for the duration of the order. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Ac!." and, after such hearing, enter an orner to be in effect for a period of one year: I. Ordering the defendant to refrain from abusing the plaintiff or from 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, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the minor children. 4. Prohibiting the defendant from entering the plaintiffs place of employment during her shift, or the school or the day care fucility of the minor children, 5, Prohibiting the detendant from removing. damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6, Ordering the delendant to stay away from the plaintifi's current residence located at an undisclosed location for her protection and to avoid further abuse; 7. Ordering the delendant to stay away from the plaintifi's residence located at 1473A Cockley Meadow Road, Boiling Springs, Cumberland County, Pennsylvania. which the parties have never slu1red, and ordering i, ,- the defendant to stay away from any r=idence the plaintiff may in the future establish for herself; 8. Ordering the defendant to relinquish to the sherifi's department any weapons which he owns or possesses, and prohibiting the defendant from acquiring or possessing any weapons for the duration of the Order. 9. Granting support to the plaintiff and the panies' three minor children in the amount of $200,00 Iler week payable to the plaintiff in the fonn of a check or money order, mailed to her mailing address; ordering the defendant to provide health coverage to the plaintiff and minor children; ordering the defendant to pay all of the unreimbursed medical expenses of the plaintiff and minor children to the provider or to the plaintiff when she has paid for the medical treatment, and ordering the defendant to continue to make mortgage payments on the marital residence at 40A Old Stone House Road, Carlisle. 10. Ordering the defendant to pay $250,00 to Cumberland County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating this case, and assessing the $25.00 surcharge and coun costs to the defendant if the case goes to hearing, The plaintiff funher asks that this Petition be filed and served without payment of fees and costs by the plainti.ft: pending a funher order at the hearing, and that certified copies of this Petition and Order be delivered to the Pennsylvania State Police and the Carlisle Police Depanments and any appropriate police departments which have jurisdiction to enforce this Order, RACHEL REBECCA HERSHEY, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6195 CIVIL TERM PROTECTION FROM ABUSE JON CARL HERSHEY, Defendant MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order generally continuing the hearing in the above-captioned case on the grounds that: 1, A Temporary Protection Order was issued by this Court on November 12, 1996, scheduling a hearing for November 19, 1996, at 2:00 p.m, 2. At the time scheduled for a hearing, the parties by and through their counsel agreed to settle the matter and began negotiating the terms of a consent agreement. 3. The parties, by and through their counsel, agree that the hearing be generally continued to afford them time~to~axe~yte - ., -::.! :,:;1 . .~ .:!J '~ bea .-,.t .~::l -':-:1 ;rn ~ .:::! ~ the Consent Agreement. --. " 4. Certified copies of the Order for Continuance wili :.=::~ -, delivered to the Pennsylvania State and the Carlisle Felice: ::~. -:~. Department by the attorney for the plaintiff. (~ WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary Protect1on Order remain in effect until further Order of Court. Respectfully submitted, ~ ~J~ . {Joan Carsy, Att~ for LEGAL SERVICES, INC. a Irvine Row Carl isle, PA 17013 Plaintiff ! '" ~ ~ "- ro. (.: (~.; \:: '1 i-~ u I ~~. l~:' .. , (.) ... : ,'" ~ P. ("I' . , (..:--. '} I, . "~. " 1_ r: "'J ~. . ' ~ .:..:... " r- -.'J 0 r:- <: J . .. '. PETER J. RUSSO, ESQUIRE PA Supreme Gourt I. D. 72897 61 West Louther Street Carlisle, PA 17013 717-249-2721 ATTORNEY FOR DEFENDANT v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSLVANIA 96-6195 CIVIL TERM PROTECTION FROM ABUSE RACHEL R. HERSHEY, Plaintiff JON C. HERSHEY, Defendant JUDGE GEORGE E. HOFFER, JR. CERTIFICATE OF SERVICE I, Peter J. Russo, Esquire, hereby certify that on this day, I am serving a true and correct copy of the foregoing document on the person(s) listed below in the manner listed below: Via First Class Mail, Postage Pre-Paid, and addressed as follows Joan Carey, Esquire Legal Service, Inc. 8 Irvine Row Carlisle, PA 17013 C~tiC-Q~=" Peter J. Russo Date: I d h Ia /(<1