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HomeMy WebLinkAbout00-02381 J ~~~%o TUE 13:34 FAX 717 240 6573 , , , ~ ' CUMB CO PROTHONOTARY t7 a..) 3 Y! ~001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. RESULT $******************** ... TX REPORT ... $******************** 1939 92490779 06/20 13:33 00'56 2 OK ',?__':__,'h'_'-";' -, ~',-,-, 'I . . .. MANASWITA DANDAPAT, : IN THE COURT OF COMMON PLEAS OF Plaintiff fOT herself and on behalf of the minor child, : CUMBERLAND COUNTY, PENNSYLVANIA SHANKARDANDAPAT, v. : NO, 2000-2381 CIVIL lERM KIRAN KUMARDANDAPAT, Defendant : PROlECTION FROM ABUSE ORDER OF COURT AND NOW, tbis _t",-t ~ of June, 2000, upon consideration of the attached Petition, the Temporary Protection From Abuse Order in the above-captioned case entered on April 14, 2000, is hereby vacated and the action withdrawn without prejudice to Plaintiff. By the Court, JoanCarey,AttorneyforPlaintiff - ~r('<;;S p~2SOt.)~l4r 9r0cA) t,/llP/oO LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Paul 1. Esposito, Attorney for Defendant - ('OD\L m~(!see t.. /t (, /00 GOLDBERG KATZMAN & SHIPMAN PC I r P,O. Box 1268 ~fY) Harrisburg, P A 17108 :14 ,",,"V" . . ~, - ~ ,~, ,,~, f~,~ \/' ,,'.'" ,\\~:-"\n.r;. C': 1_,; r,-I,...-! \ ...."..-."'tR" II ',___' _""'''\\' \ ,- ~:' ',',; ,','" '_',:"y:\,\... ,1 1',(, JI\N \ S ljU .., P', \.: OS 1'1' ~ ' " ". '(""uN11' r' ,',!,'--1,~;_~~', ','..-\U \_'0' " \..AJl'j-\:J~~\ \,_._J " . \1'\ \1;. ""PEN\~S'll: h '<\1\ , I ~ - ~, -, ~r ~ . "~ ""'''' ~. ~"ill~_l l!!,lt:J,~IJ!I~!lMlIjII~..fH#il,,"~;;r,;'W!~1~1(ofi1~!iWIm(jlJllll!lIW'!'l~~~~~~~~1 '~"'""'<" ... MANASWITA DANDAP AT, : IN TIlE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of the minor child, : CUMBERLAND COUNTY, PENNSYL VANIA SHANKAR DANDAPAT, v. : NO. 2000-2381 CIVIL TERM KIRAN KUMAR DANDAPAT, Defendant : PROTECTION FROM ABUSE PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, Manaswita Dandapat, by and through her attorney, Joan Carey ofLegaI Services, Inc., requests that the Court vacate the Temporary Protection From Abuse Order in the above- captioned case and that the action be withdrawn on the grounds that: 1. A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse Order issued in the above-captioned case on April 14, 2000, scheduling a hearing for April 19, 2000, at 4:00 p.m, 2, An Order for Continuance was entered on April 24, 2000, after Sheriff's deputies were unable to locate Defendant to serve him, Defendant was served with a certified copy of the Order for Continuance, Temporary Protection From Abuse Order and Petition for Protection From Abuse on April 25, 2000, at his residence, The parties, by and through their respective counsel, agreed to the entry of an Order on May 16, 2000, rescheduIing the hearing to June 16, 2000, at 11:15 a. m, 3, Plaintiff requests that the Temporary Protection From Abuse Order be vacated and the action withdrawn without pr~udice to her. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the ,- "' , . f'IIWrti,i!-l; I .' Order, and that the action be withdrawn without prejudice to heL Respectfully submitted, J~(+<~ Philip C. Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. 8 hvine Row Carlisle, PA 17013 (717) 243-9400 - ~' , ' ~-~ .~ ~.'Oc__: " VERIFICATION I verity that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Motion are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 PaC S. ~4904, relating to unsworn falsification to authorities, Dated: Of? - 0 7 - 00 ~~ :D~cJ:- Manaswita Dandapat, Plaintiff ljI'"^" 'l1ilr 1~___~j~~~i9'liW<~~~~Iil~ ~ " ;U::t__ A,' >,,~'h,,""'C,""~""""''"'~_'"','''"'_''' ~ ,~8'" ,~- ,~-,,,, ~, :ieL lilMlillI ~~ ~" , -"" ""',,,IoIO~ o c:, -',"" ~g{ _.c... ,,~;.. ~" ':Jic; b,C) y~c: ;? :2 .~ ,~-, ~ .>,-, ....:) C:,l ~;-::: '.. --.~ ".-~- ~- . - 0'\ ~',"--:;-:D "'~~~\ '<~'?'" s\ '~i}f. ':;j '5:1 .<. ~-',J ~;,.. :,,) .' "" \0 I '0",: .f' ,.. .,.. " MANASWITADANDAPAT, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of the minor child, : CUMBERLAND COUNTY, PENNSYLVANIA SHANKARDANDAPAT, v, : NO, 2000-2381 CIVIL TERM KIRAN KUMARDANDAPAT, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this l "~y of May, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on May 16, 2000, at 1:30 p,m, by this Court's Order of April 24, 2000, is hereby rescheduled for hearing on Friday, June 16,2000, at 11:15 a.m. in Courtroom No, 1 of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, The Temporary Protection From Abuse Order shall remain in effect pending a hearing in the matter By the Court, J. Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Paul J. Esposito, Attorney for Defendant GOLDBERG KATZMAN & SHIPMAN PC P,O, Box 1268 Harnsburg,PAl7108 , '. ,liiil~f' i"~"'-G:J~).iI.j O}~l_t~"'~'.~li~-'-'"'~'';;'i, " .... '_~ "HU" ,"o--->^'_'<_">_~" =_ "" "" . ._~k~' ~_<_~ ,~," W~i ,~~ ~)lilf~ITil~~~iW''''''''--'- t!S -~lI.'" ~, = ~,' , ~" UII '" ". 0 0 () C (::> -n S ::; -. "'0 en :"" ::-C-n 111 ~-r: -< i-"F zS .':"Jm :;..::C C1' 3.19 ~~2: ~~C', r:::r~{ -0 .:.-c~ _-",,-J '- :3:: 00 ~Ej 7rn C:? S' " '-- ):> ~ ,::;l ~ "' ,;0 " . ~ '." !1I - ,I ,r - r' ~ MANASWITA DANDAPAT, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of the minor child, : CUMBERLAND COUNTY, PENNSYL VANIA SHANKAR DANDAPAT, v, : NO. 2000-2381 CIVIL TERM KIRAN KUMAR DANDAPAT, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Manaswita Dandapat, by and through her attorney, Joan Carey ofLegaI Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1, An Order for Continuance was entered on April 24, 2000, rescheduling the hearing in the case for May 16, 2000, at 1 :30 p,m, in Courtroom No, 1 of the Cumberland County, Courthouse, Carlisle, Pennsylvania, 2, The Cumberland County Sherift's Department served Defendant with a certified copy of the Order for Continuance, Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence at 852 Erford Road, Camp Hill, Cumberland County, Pennsylvania, on April 25, 2000, at 6:10 p,m, 3, Defendant has retained Paul J. Esposito of Goldberg Katzman & Shipman PC to represent him in the matter, 4, The parties agree, by and through their respective counsel, that the hearing be rescheduled to facilitate negotiation of a settlement in the case, 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect pending a hearing in the matteL "":'"",j ~ ! I I I I I I I I I I I I I I I i I I I .I ! "f '" . :j i I I I ... ~ WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect pending a hearing in the matteL Carey, Attorney fo LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I."'" ',,'; lj)T, ,,,~"~~,,", ,.C<", "",,'WI"'_',',",,, ." 'lH'~- I",-,i~,,;-.:~ -~t~~i>'~ -.. V,,,;,,".,",, '<(" .>C""T,._,."-. JJ!II!i;!<WU<t~illimtll~.d:l:n' --lle' ".~ '", ,~' '--< "',' "" "C'_ ~ ilailU '" ~,,~ " ";',;." '"" ~ o ~ -;-]IT, rnr;'~ Z\} ~S;. , <' --:::, ~~. r::;.C~ ^- 'J?;CJ ~C- '~t >(~.:. 2; -, -< " ~ o C:'-" -;11: :;p -"~ "., /, '","",', " - tJ' o -;T "'~ :-h;2 -'-',r-Q '':-1Q b6 ----\- . -C-H (,- '70 /~rr\ U ' '4 ""'" ~ -d ::J;:' ~ :n J:" 1 , " ' ,. ",," ~ , : IN THE COURT OF COMMON PLEAS OF , .. MANASWITA DANDAPAT, Plaintiff for herself and on behalf of the minor child, SHANKAR DANDAP AT : CUMBERLAND COUNTY, PENNSYL VANIA v. KIRAN KUMAR DANDAP AT, Defendant : NO. 00-2381 CIVIL TERM : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this 7_ ~ tlday of April, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on April 19, 2000, by this Court's Order of April 14, 2000, is hereby rescheduled for hearing on May 16, 2000, at I :30 p.m. in Courtroom No. I. The Temporary Protection From Abuse Order shall remain in effect pending a hearing in the matter. By the Court, Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff (C'cc. ~ ^'u ,q" ~-..~ .;-~~~'" _~ ~~ ~o~. <' , 'c:, ~_ ,~ .t<~, ~^'~ '~~,~-~, ~~"~Lit[l1liil~_ii~~~~;""";"'" "' ,~__ >," r,''',,~ " .~_ ,~ ~ ., ." ,~~~ , ~-""'il1r" .y, ~","'__:--'/o~' ',' >',. " t~ "';". -Clb:~ Q"jc: .-~- t~ ;; ~S<'"_ ~8 :::; -< "' .._~! "~ ~ '~ ;".,) u, ~.,) ) ,I ~ '" .. . : IN THE COURT OF COMMON PLEAS OF > -- MANASWITA DANDAPAT, Plaintiff for herself and on behalf of the minor child, SHANKAR DANDAP AT v. KIRAN KUMAR DANDAP AT, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2381 CIVIL TERM : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Manaswita Dandapat, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on April 14, 2000, scheduling a hearing for April 19, 2000, at 4:00 p.m. 2. The Cumberland County Sheriffs Department has not been able to locate Defendant. for service. 3. Plaintiff requests a Continuance to afford the Sheriffs Department time to effect service on Defendant. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect pending a hearing in the matter. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect pending ~~~~ o. a hearing in the matter. ~ ,. - Respectfully submitted, oan Carey, Attorney f< laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 " c, . ,ojJ '_ '-;"-,, , 6:;-'~;;""'i!M '..........,...."'''.",;.__.~'' ,,' - mID]I JJR [Ul "=,,.~ " ~S' - , ",""__0 \,i.L"J!t~lr.! "~~ ". .', ,co '~_4'. ~';~~-"'''''''''''~ -C' "U r- .--.-... C) o ""-c-~, " ,,_,~,-~ , ' > ,,~.- if 'ilIiLMt- , .,=-," .. r'~ sa ,-- r iCJ en i!', c- ' = !\:J 7 ~ r-= (j\ '.. '. ..>,. ,d, '." ~.t!. C? C_ 2"'" ;?l~" ?,_.~ ;~::~ i:- '>- ~;c~; , ~. "'-- C:'j -;'J r-,) ~ r0 "". ."--r; > " "<'>>'.""1 ~f~ : \.'.:l 4 " \..""~ ", , . !~, --:0:, "is '2,.;:--n _.--; "2=' -"-{. -.;,." io' =_....~."'~ ,~~. ; SHERIFF'S.RETURN - REGULAR CASE NO: 2000-02381 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ~ - DANDAPAT MANASWITA ET AL VS DANDAPAT KIRAN KUMAR SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon DANDAPAT KIRAN KUMAR the DEFENDANT , at 0018:10 HOURS, on the 25th day of April 2000 at 852 ERFORD ROAD CAMP HILL, PA 17011 by handing to KIRAN DANDAPAT a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF BEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, CONTINUANCE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 S?~~e R. Thomas Kline 04/27/2000 Sworn and Subscribed to before By: ~(fY1 m. Sun~ Deputy Sheriff me this 1* m day of 71A ~O A.D. ary ~ifJ' .0_ '" , , <,:1;', ',CR_, "~_"'L_i~'6 " """"-",i , ,. .T MANASWITA DANDAPAT, Plaintiff for herself and on behalf of the minor child, SHANKARDANDAPAT, v, KIRAN KUMAR DANDAPAT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2000- ~3" CIVIL TERM : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein, If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the PetitioR In particular, you may be evicted from your residence and lose other important rights, A hearing on this matter is scheduled on the 1l!!: day of April, 2000, at 4: ot) ~, m" in Courtroom No. I oftheCumberlandCounty Courthouse, I Courthouse Square, Carlisle, Pennsylvania, _///] You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing, If you disobey this Order, the police may arrest you, Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C, S. ~6114, Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 US,C ~2265, this Order is enforceable anywhere in the United States, tribal lands, US, Territories and the Commonwealth of Puerto Rico, If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 US. C, ~ 2261-2262, You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you, 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, If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Il!i!!""'\,\i ,'!Jl,_'~~~lt~IllR~ ,:@: ~,;,pf~~o _ 1. 'c~, ~,', ~~,_ ..,~_,I ;I~- *'~I9i!m.~"~ j~ '-"U..6 "';I~' 'C) C-~ -CJ&; I~- c:::c; ~C~ -;::::::( j )~C /~ 4 -< C) C) ~ ;"'(J ?J n' "'--' .(.:'"' ~1~ ~~;-'1 :D -< ~"a ~ Ul W .lP :" I. " "',,/ '" ',,',. " ,-~,>-', '"i .' MANASWITA DANDAP AT, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of the minor child, : CUMBERLAND COUNTY, PENNSYLVANIA SHANKAR DANDAPAT, v. : NO, 2000- ~38' CIVIL TERM KIRAN KUMAR DANDAPAT, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: KIRAN KUMAR DANDAPAT Defendant's Date of Birth: 06/06/65 Defendant's Social Security Number: 149-80-1170 Names of Protected Ptsons: MANASWITA DANDAPAT, Plaintiff, lIlnd her minor IlL~ child, SHANKARDANDAPAT AND NOW, thirr day of April, 2000, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the foDowing Temporary Order: lID 1. Defendant shaD not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. D 2, Defendant is evicted and excluded from the residence at _ or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence, Defendant shall have no right or privilege to enter or be present on the premises, lID 3. Defendant is prohibited from having ANY CONTACT with Plaintiff and/or the minor child at any location, including, but not limited, to any contact at Plaintiff's current residence, and any other residence she may, in the future, establish for herself, her place of employment, or the day care facility of the minor child. Defendant is specifically ordered to stay away from the foDowinglocations for the duration of this Order: Plaintiff's residence: 38R Lancaster Avenue, Enola, Cumberland County, Pennsylvania .'N',", , '-~ ' ~ ", .'''_L'_ ';"'''. c...-" ~" ''-__';._.''~ ,I"' '~',- , .' Plaintiff's olace of emplovment: EDS, Rossmoyne Road, Mechanicsburg, Cumberland County, Pennsylvania Dav care facility of the minor child: 1834 Signal Hill Drive, Mechanicsburg, Cumberland County, Pennsylvania l&> 4. Defendant shaD not contact Plaintiff by telephone or by any other means, including through third persons. l&> 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the foDowing minor child: SHANKARDANDAPAT, born 09/22/97. Until the final hearing, all contact between Defendant and the child shaD be limited to the foDowing: Contact between Defendant and child is suspended pending further Order of Court after the hearing scheduled in this matter. o 6, Defendant shall immediately relinquish the following weapons to the Sherifl's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Ilinkt Defendant is prohibited from possessing, transfening or acquiring any other weapons for the duration of this Order, l&> 7. The following additional relief is granted: The Cumberland County Sheriff's Department shaD attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shaD 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 Defendant by mail. This Order shaD remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff andlor the minor child. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ,_~ . r" '.,;' ,1,__ ",~,--, ',- ., ,,;. ~" .'>;' " , " ,0" '-'''i-C < "" ~ c,,",~. ',0, ~, ,",' l29 8. A certified copy of this Order shaH be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro TownshiD Police DeDartment - Plaintiff's residence Lower Allen TownshiD Police DeDartment - Plaintiff's place of employment Hampden Township Police DeDartment - day care facility of the minor child l29 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER and ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months injait 23 Pa, C S, ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose, 23 Pa,c' S. ~6113. Defendant is further notified that violation ofthis Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U S, C ~~2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintifl's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is connnitted in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse, ;-, ,,-,",1 . '-" "" --~ ,-- ,'c~ "~..", "'f~~" '-' ,;" ' ---'; Weapons must forthwith be delivered to the Sherifl's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest, BY THE COURT, Judge .0 , Joan Carey Philip C. Briganti Artorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 .," '",,'. '" ",'-,- d ,'~ " ,,_, J'd-' ,".'~~c^~i_",;" " ' --'-;-:';;i;f MANASWITA DANDAPAT, Plaintiff for herself and on behalf of the minor child, SHANKAR DANDAPAT, v, KIRAN KUMAR DANDAPAT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2000-.;A 3"i I CIVIL TERM : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1, Plaintiff is Manaswita Dandapat 2, . Plaintiff fIles this Petition for herself and on behalf of the minor child, Shankar Dandapat, '2 years old, 3, The names of the persons who seek protection from abuse are Manaswita Dandapat and Shankar Dandapat 4, 17025, Plaintiff's address is 38R Lancaster Avenue, Enola, Cumberland County, Pennsylvania 5, 1701 L Defendant's address is 852 Erford Road, Camp Hill, Cumberland County, Pennsylvania Defendant's Social Security Number is 149-80-1170, Defendant's date of birth is 06/06/65, Defendant is a structural engineer employed by the Pennsylvania Department of Transportation in the bridge construction division at Herr Street, Building No, 8, Harrisburg, Dauphin County, Pennsylvania, 6, Defendant is Plaintiff's husband, 7, Plaintiff and Defendant have been involved in the following court action: Case name Dandapat v, Dandapat PACSES case number Docket No, 00874-S-1999 817101573 Date filed Court of Common Pleas 1999 Cumberland County ., ,,10' .~_', _ 'C'_ ,~ ;-^&'~;~': ,__ ~- ;J",;"_,;.. .-,',';;< !-! 8, Defendant has been involved in the following criminal court action: East Pennsboro Township Police arrested and charged Defendant with harassment as a result of the incident which occurred on or about December 27, 1999, involving Plaintiff A preliminary hearing was held before District Justice Manlove on March 27, 2000, Defendant was found guilty, ordered to pay fines and costs of $345.00, and sentenced to 90 days in Cumberland County Prison pending a 30-day appeal period, Approximately 2 years ago, Defendant was arrested and convicted of DUI, and lost his driver's license for a period oftime as a result 9, Plaintiff seeks temporary custody of the following child: Name Shankar Dandapat Address 38R Lancaster Avenue Enola, P A Birthdate 09/22/97 10. Plaintiff and Defendant are the parents of the following minor child: Name Shankar Dandapat ~ 2 years old 1 L The following information is provided in support ofPlaintifl's request for an Order of child custody: a) The child was not born out of wedlock b) The child is presently in the custody of Plaintiff, Manaswita Dandapat, who resides at 38RLancaster Avenue, Enola, Cumberland County, Pennsylvania, c) Since his birth the child has resided with the following persons and at the following addresses: Persons child lived with Plaintiff Address 38RLancaster Avenue Enola, P A When 01/06/00 to the present Plaintiff undisclosed locations for their protection 12/27/99 to 01/06/00 Plaintiff and Defendant 852 Erford Road Camp Hill, P A 10/15/99 to 12/27/99 10-',. ,j, .' ;'"O~ ~' "~,,, -" ~ '~_: ,..",0,; ,o.,C:< '"';',, , ",:,~ Persons child lived with Plaintiff and Defendant, and Plaintiff's father Address When 852 Erford Road 09/99 to Camp Hill, P A 10/15/99 852 Erford Road 08/99 to Camp Hill, P A 09/99 Undisclosed location 07/26/99 to for her protection 08/99 852 Erford Road 09/22/97 to Camp Hill, P A 07/24/99 Plaintiff and Defendant Plaintiff Plaintiff and Defendant d) Plaintiff; the mother of the child, is Manaswita Dandapat, currently residing at 38R Lancaster Avenue, Enola, Cumberland County, Pennsylvania. e) She is married, f) Plaintiff currently resides with the following person: Name Shankar Dandapat Relationship her son g) Defendant, the father of the child, is Kiran Kumar Dandapat, currently residing at 852 Erford Road, Enola, Cumberland County, Pennsylvania, h) He is married, i) To the best of Plaintiff's knowledge, Defendant resides alone, Defendant's parents are currently visiting him from India, and are temporarily residing with him, j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court, k) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. I) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child, m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: ,';','" ,0'<',-, ,eX ,-~ --~, "" h,' ,-"j';' 1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since his birth, and who can best take care of the minor child, 2) Defendant has shown by his abuse of Plaintiff and/or child that he is not an appropriate role model for the minor child, 3) Defendant's behavior has adversely affected the child, 12, The facts of the most recent incident of abuse are as follows: Approximate Date: Place: On or about March 25, 2000 38R Lancaster Avenue, Enola, Cumberland County, Pennsylvania, Plaintiff s residence On or about March 25, 2000, from approximately 8:30 p,m, until 12:00 a.m. on March 26, 2000, Defendant repeatedly telephoned Plaintiff's residence. During several telephone calls Defendant threatened Plaintiff saying that there would be bloodshed, and that he would kill her father and her brother, causing her to fear for their lives, 13. child: Defendant has committed the following prior acts of abuse against Plaintiff or the minor a) On or about December 27, 1999, as Defendant drove Plaintiff and the parties' 2-year old son home, he yelled at her, called her names, punched her on the side of the face, and screamed at her saying, "Get the fuck out of my life, you bitch." Fearing for her safety, once inside the house Plaintiff tried to telephone a friend to stay with. Defendant grabbed the telephone from her and disabled it, punched her about the chest, abdomen, and face, shoved her down onto the couch, and repeatedly punched her about the face, chest and arms, When Defendant left the room, Plaintiff ran from the house bare foot and without a coat, and ran from house to house until a neighbor let her in and telephoned 911 for help, The East Pennsboro Township Police responded, and Defendant was charged with harassment. Plaintiff sustained bruising, swelling and soreness about her face, lacerations about her lips and inside her mouth, and bruising ang soreness about her chest and arms as a result of this incident Fearing for her safety and that of her child, Plaintiff left the marital residence with the child on December 27, 1999, and has established her own residence since that time, A preliminary hearing was held before District Justice Manlove on March 27,2000, Defendant was found guilty of the charges, ordered to pay fines and costs of $345,00, and sentenced to 90 days in Cumberland County Prison pending a 30-day appeal period, , --~' ',~" "'~ "".""-'n_. "', " "'_0 ,~ ''':'i,i b) On or about July 24, 1999, Defendant called Plaintiff vile names, yelled at her, threatened that he wanted to hit her with the vacuum cleaner, and raised the vacuum in a threatening manner, causing her to fear he was going to hit her with it Defendant then grabbed the parties' I-year old son, Shankar, and threatened to hit the child, When Plaintiff pleaded with him not to hit the child, Defendant threatened her saying that ifhe did not hit the child, he would hit her instead, then punched her on the side of her head, repeatedly about her shoulder, and on her thigh. After Plaintiff told Defendant that her ear was ringing and painful, he threatened to hit her again, picked up a slipper and threw it at her As Plaintiff ran out of the house to get away from Defendant, he threatened to hit their child unless she came back in the house. Fearing for her safety should she return to the home, and that of her child, Plaintiff ran to a neighbor's house for help, and once inside, lost consciousness. The neighbor telephoned the East Pennsboro Township Police, and when the police arrived, they summoned an ambulance to transport Plaintiff to Holy Spirit HospitaL Plaintiffwas treated for injuries she sustained as a result of this incident which included, but were not limited to, a punctured eardrum, soreness about her ear and head, and soreness and bruising about her shoulder and thigh. c) On or about July 19, 1999, as Defendant drove Plaintiff to her work, he yelled at her, called her vile names, repeatedly slapped and punched her about her head and face, pulled her hair, shoved her head down against the stick shift of the car, stepped on the brakes several times, causing Plaintiff to be thrown forward against the dashboard, and punched her again, When Plaintiff got out of the car to go into her place of employment, Defendant ordered her to get back into the car, drove to an isolated area of the parking lot, and punched her in the face, When the parties' child, Shankar, who was in the back seat, began to cry, Defendant grabbed the baby's hair and pulled it. Defendant drove Plaintiff back to the entrance of her place of employment, and as she got out of the car, he threatened to hit her again when she got home, Plaintiff sustained soreness, swelling, and bruising about her face, and swelling, soreness, and lacerations about her mouth as a result ofthis incident d) On or about June 27, 1998, Defendant grabbed Plaintiff, shoved_ against the door, and punched her in the face, causing her nose to bleed, One~ Plaintiff's friends intervened and prevented Defendant from further abusing Plaintiff. Plaintiff sustained soreness, swelling and bruising about her eyes and nose as a result of this incident, e) In or about January 1998, Defendant threw his key ring at Plaintiff while she was in the shower, hitting her in the head with the keys, causing a laceration on her head. When Plaintiff asked Defendant to take her for medical treatment, he refused, grabbed her face and squeezed it, and hit her in the face, - ''- I.'A. ,- ,-; '--' ".' ' .'. "" ~ '-~ '-',>', '>-',c" '~Hi f) In or about May 1997, Defendant demanded that plaintiff clean the house and cook a dinner for company he invited to their home, When Plaintiff, who was 5-months pregnant, told him that she was tired and needed help with the chores, he shoved her, pulled her hair, repeatedly slapped and punched her face, and threatened to hit her on the abdomen so that their unborn baby would die. Plaintiff feared for her safety and the life of the baby, Plaintiff sustained swelling and soreness about her face, and a laceration on her lip as a result of this incident, g) On or about September 19, 1997, three days before Plaintiff gave birth to the parties' son, Defendant yelled that he was going to kill Plaintiff, entered the bedroom where she lay resting, grabbed her by the hair, pulled her head downward bending her over, and repeatedly struck her about her back The following morning, September 20, 1997, Defendant yelled and shouted at Plaintiff, ordered her to come downstairs, and when she refused, he went upstairs after her, pulled her hair, and repeatedly struck her about the back and on the back of her neck, despite her crying and pleading for him to stop or he would kill the baby, Defendant grabbed the telephone from Plaintiff and smashed it when she tried to telephone for help, grabbed her by the arm, pulled her hair, and struck her on the back Defendant grabbed Plaintiff by the arm, pulled her into another room, and shoved her backward, causing her to fall onto the bed. At approximately 1:30 a.m, on September 21, 1997, Plaintiff went into labor, and despite her cries, neither Defendant nor any of his fumily members who were visiting, checked on her for several hours, Plaintiff was taken to the hospital later in the day, and gave birth to their son, Shankar, on September 22, 19n h) In or about February 1997, Defendant shoved Plaintiff, who was 2- months pregnant, slapped her, and grabbed her by the neck with both his hands and twisted her neck. Plaintiff became dizzy, and when she sat down on the floor, Defendant shoved his toe into her mouth, 14. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: East Pennsboro Township Police Department - Plaintiff's residence Lower Allen Township Police Department - Plaintiff's place of employment Hampden Township Police Department - day care facility of the minor child IS, There is an immediate and present danger of further abuse from Defendant, 16, Plaintiffhas suffered the following out-of-pocket financial losses as a result of the abuse described above: see attached Exhibit A, incorporated hereto by reference, ,'';',0 ;; I' , -,' ;,-"" '.~ .-,,, - - ",," , ,+ v' ,'-' , ;!iJ WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or the minor child in any place where they may be found, R Award Plaintiff temporary custody of the minor child and place the following restrictions on contact between Defendant and child: Contact between Defendant and child is suspended pending further Order of Court after the hearing scheduled in this matter, C Prohibit Defendant from having any contact with Plaintiff and/or the minor child, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintifl's current residence, and any residence she may, in the future, establish for herself; her place of employment, and/or the day care facility of the minor child, D, Prohibit Defendant from having any contact with Plaintiff's relatives, K Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be detennined at the hearing, F Order Defendant to pay the costs of this action, including filing and service fees, G, Order Defendant to pay $250,00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case, H. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives, 1 Grant such other relief as the court deems appropriate, J. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing, The Petitioner will inform Date: , '. "" ~ -" " ~-' " ~ >' . i.::, ;,~' ~ "~,l' " the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Lj;lf/ov Respectfully submitted, I#-L~ Joan Care Philip C. Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 . ~"_ I, -- ~.. " "~ -- -, ; ';J,''-~. "",". ~' ~_, c 'c VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa,CS,~4904, relating to unsworn falsification to authorities, Dated: t) l( . II ~()O ~v..iJ.i. D~ Manaswita Dandapat, Plaintiff '" '-,,"-'-' ,--I _"",c , - .' " , MANASWITA DANDAPAT, Plaintiff for herself and on behalf of the minor child, SHANKAR DANDAPAT, v, KIRAN KUMAR DANDAPAT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2000- CIVIL TERM : PROTECTION FROM ABUSE OUT-OF-POCKET LOSSES Plaintiff requests that Defendant reimburse her out-of-pocket losses, including but not limited to the following: Any and all medical expenses not reimbursed through Plaintifi's medical insurance coverage relating to injuries she sustained as a result of incidents of abusive, Any and all expenses/costs incurred to repair and/or replace clothing and/or property damaged and/or destroyed, including, but not limited to lost wages as a result of incidents of abuse, Bills and receipts for treatment alJdlor services, lost wages, etc. are forthcoming $, EXHffiIT A ~Uii~~~~bJiwi;~~"" c.,;.;..;;.,_. " '. ~~ @ -, ~ ~ ""'" t~t , ~ - p <t -l , ~ '" f~ \>> P\ (, t- ;c) CA . \/ , .~ L" .".' 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