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HomeMy WebLinkAbout97-00005 ~ ~ ,/ t-- ~ ~ .... Cl o- r:: N : ~ <. ,. .. \.-r" ii - /,.; ). . ~ . " -. -l;-'j .- ('01 ' I"~ I I' . ~) Wi 'Ife ".,,, , I f -, ;1: ~I l/. ,.. ~ U <J'I U Itj II) ;t 1- i- d:. l f ~ I 'I 1lI!!l - !!: 1I1: ~ :; \II g ~ ~ t:_ '" I&. ~:!: ~ o .z po. ~1i~~E ~ ~~ ~ ~ O~:: ~~~g~ ~ ~ll.:e <l~!: - po. - - .; The defendant Is enjoined from entering the plaintiffs place of employment. The defendant Is enjoined from removing, damaging, destroying or selling any property owned Jointly by the parties or owned solely by the plaintiff. A violation of this Order may subject to the defendant to: I) arrest under 23 Pa.C.S.A. 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 flne of $100.00. $1,000.00; and Iv) civil contempt under Pa.C.S. 6114.1. Resumption of co-residence on the part ofthe plaintiff and defendant shall not nullify the provisions of this 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 plaintiff. Temporary custody of Robert and Kathryn Regal is hereby awarded to the plaintiff, Marie Regal. , A hearing shall be held on this matter on the q i "_ day of \ L)[ u iVt , 1997, at II . n\ f\::tn., In Courtroom No. ,-_l ,Cumberland County'tourthouse, Carlisle, Pennsylvania. The Cumberland County Sheriffs Department shall attempt to make service at the plaintiffs request and that service may be accomplished under any applicable rule of Civil Procedure. ~. Cl i'" u-. u." <1' ;.!. ,- , f ,. ,"" ',' ,~ ~. '.' -- ,/1 (): . t~. ,:>1 c'l if! utl' , , ,. , _I ~l: i.1 ~\t,' ~. I- ~ .(1.. -, l ~ . r- .t U C1' ',l J f MARIE REGAL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 96- CIVIL TERM TERRY A. REGAL, Defendant : PROTECTION FROM ABUSE : AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. 6101 et soq. A. ABUSE 1. The plaintiff, Marie Regal, Is an adult Individual residing at 11 Pine Street, Dillsburg, York County, Pennsylvania, 17019. 2. The defendant, Terry A. Regal (DOB 10/9/64), is an adult individual residing at 2130 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The defendant is the plaintiffs husband. 4. Jurisdiction of this court is invoked pursuant to Pa.R.Clv.P. 1901 (a)(1)3 inasmuch as Upper Allen Township, Cumberland County is the County where the abuse occurred. 5. Since approximately 1990, the defendant has 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 under circumstances which have placed the plaintiff In reasonable fear of bodily Injury. This has included, but is not limited to, the violent abuse which occurred on December 25, 1996, at Defendant's residence located at2130 Canterbury Drive, Mechanlcsburg, Upper Allen Township, Cumberland County, Pennsylvania. Defendant caused plaintiff to sustain injuries Including a lip laceration, bruised right upperarm and a fractured left Index finger. The Upper Allen Township Police were called and the defendant was charged with simple assault. 6. 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. 7. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone or written communications, except for the limited purpose of going to counseling or facilitating custody arrangements 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiffs relatives, or the minor children. 9. The plaintiff desires that the defendant be restrained from entering her place of employment. 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. SUPPORT 11. The defendant has a duty to support the plaintiff and the minor children. 12. The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage, payment of unreimbursed medical expenses for the plaintiff and the minor children, and the loan payment on the residence of 300 Ridge Road, Lot71, Etters, Pennsylvania. 13. The defendant is employed at an EMT at Fairview Township EMS and has an annual salary of approximately $ 14. The plaintiffs income is insufficient to provide for her needs and those of the children until such time as a support order can be obtained by filing at the Domestic Relations Office. 15. The plaintiff intends to petition for support with two weeks of issuance of a protective order. C. LOSSES AND REIMBURSEMENT OF COST OF CASE 16. The plaintiff asks that the defendant be ordered to pay $ to reimburse Charles Rector, Esquire, for the cost of litigating this case. D. TEMPORARY CUSTODY The plaintiff seeks temporary custody of the foliowing children: 17. Namll Present Address 11 Pine Street, Dillsburg, PA AsIll Age 7 Robert Regal The children were not born out of wedlock. The children are presently in the custody of the plaintiff who resides at 11 Pine Street, Dlllsburg, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: 300 Ridge Road, Lot #71 Etters, PA York County since 10/92 with the parties hereto. The plaintiff, the mother of the children, currently resides atll Pine Street, Dillsburg, York County, Pennsylvania. She Is married. The plaintiff currently resides with the following persons: tiatng Relationship Robert Regal Kathryn Regal Son Daughter The defendant, the father of the children, currently resides at2130 Canterbury Drive, Mechanlcsburg, Cumberland County, Pennsylvania. He Is married. The defendant currently resides with the following persons: tiatng Relationship Nancy Towsey Donald Towsey Mother Step.Father l , f 1 B. The plaintiff has not previously In any litigation concerning custody of the above mentioned children In this or any other Court. 19. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court In this or any other jurisdiction. 20. 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. 21. The best interest 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 has provided for the emotional and physical needs of the children since their births. b. the defendant has shown by his abuse of the plaintiff that he Is not an appropriate role model for the minor children. WHEREFORE. pursuant to the provisions of the "Protection From Abuse Act" of October 7,1976,23 Pa.C.S. 6101 ~., 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 or 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 or written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiffs relatives and the minor children. I I i ~ I ! I l 4. Prohibiting the defendant from entering the plaintiffs place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendant to stay away from any residence the plaintiff my establish. 7. Granting temporary physical 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 refrain from abusing the plaintiff or 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 or wrlllen communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiffs relatives and the minor children. 4. Prohibiting the defendant from entering the plaintiffs place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendant to stay away from any residence the plaintiff my establish. 7. Granting temporary physical custody of the minor children to the plaintiff. 8. Granting support to the plaintiff and the minor children in an appropriate amount according to the support guidelines payable to the plaintiff in the form of a check or money order, mailed to her residence, and ordering the defendant to provide health coverage to the spouse and the minor children, directing the defendant to pay all of the unrelmbursed medical expenses of the plaintiff (spouse) and the minor children to the provider or to the plaintiff when she has paid for the medical treatment and directing the defendant to make or continue to make loan payments on the marital home. 9. Ordering the defendant to pay $ to Charles Rector, Esquire, for the cost of litigating this case. The plaintiff further asks that certified copies of this Petition and Order be delivered to the Carroll Township, Northerr. Regional, and Upper Allen Police Departments which have jurisdiction to enforce this Order. The Plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 22. The allegations of Count I above are Incorporated herein as if fully set forth. 23. The best interest and permanent welfare of the minor children will be served by confirming custody In the plaintiff as set forth in paragraph 20 of the petition. WHEREFORE, pursuant to 23 Pa.C.S. 5301lli.s.e.Q., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her. I. t , '. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. \0'')(011 P U ee g;; jl Marie Regal Law Office of Charles Rector, Esquire 1104 Fcmwood Avcnuc, SIc. 203 Camp Hill, PA 17011 Tammy S. Weaber Paralegal (717) 761-8\01 Fax (717) 761.2161 December 3D, 1996 Lawrence Welker, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Regal v. Regal Protection from Abuse Dear Mr. Welker: Enclosed please find a Petition for Protection From Abuse and Custody. Please lime'slamp and return a copy to me in the enclosed self-addressed envelope, and direct the Sheriff to serve the Pelltlon upon the Defendant once the Temporary Protection Order Is signed. I have enclosed a second envelope addressed to me for a copy of the signed Order. If you have any questions regarding the above, please do not hesitate to give call my paralegal, Tammy. Verytr~y~;r>--; ~'r-'-_ C-..",..t"J " .... .' I. .. ~'.."""",,-{.,\"""t.J"'''...~ Charles Recto/" " CRltsw Enclosure taw Office of Charles Rector, Esquire 1104 Fcmwood Avenue. Ste. 203 Camp lIill. PA 17011 Tammy S. Wcaber Paralegal (717) 761-8101 Fax (717) 761-2161 January 8, 1997 Honorable Judge George E. Hoffer Cumberland County Courthouse One Courthouse Square Carlisle. PA 17013 RE: Regal v. Regal Protection From Abuse ,Ner; 97-005 Civil Term <.... Dear Judge Hoffer: , u-- (,J ".;1 r " f; Itja-l r _A."J iJt"'- .:::>X- , I -' (1.. J \ I confirm by this letter that I represent the interest of Marie Regal in the above- referenced matter. She has directed me to withdraw the Complaint filed. This matter was scheduled for a hearing before you on Thursday. January 9.1997. at 11:00 a.m. which can now be canceled. ~~~~_eCtf~IY y?urs, /) , - ..)..., C: ' '- / ' /-'------- ...-;-r.-; ~~I I, ~~. ~ / .' _, "~"'-', /......4 /' ,.....- Charles Reefer ",- CRltsw cc: Marie Regal ,,",' ,(1''<'\;:1-1 , ' , . . '.' ~. : " ,~. ,. ., ;:'() r"f. :i Ii,] G- ;..1' L!) ~.. J I , " " ~..,.r /',~- '':~'-~~~;L'n-.,i~. ::J . --- .. It; _'J ,~~ N , , ~'( ; .Jt. ..- " , ffir ~..- u.. i-:i ~(' .' 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