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HomeMy WebLinkAbout97-00219 \ - .... "'I > - - \ ! o " .",~~ .' . ') - I ,") ?: LISA ANN RUNDALL, Plaintill' IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 97- 211) CIVIL TERM MARK ALLEN RUNDALL. Defendant PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this '2. , day of January. )1)1)7, upon consideration of the Consent Agreement of the parties, the following Order is entered: I, The defendant, Mark Allen Rundall, is enjoined from physically abusing the plaintiff, Lisa Ann Rundall, or trom placing her in fear of abuse 2, The defendant is ordered to relrain Irom harassing and stalking the plaintiff and from harassing her relatives and the minor children l The defendant is prohibited from entering the plainlitl's place of employment or the schools of her minor children or the day care facility of the parties' minor child, 4, The defendant is prohibited from removing. damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties 5, The defendant is ordered to stay away from the plaintiffs residence located at 3567 Green Street, Camp Hill, Cumberland County. Pennsylvania. except for the limited purpose of transferring custody, and is ordered to stay away from any residence the plaintitl' may in the future establish for herself. except for the limited purpose oftranslcrring custody, 6, The defendant is ordered to pay support to the plaintiff for the parties' minor child, Benjamin Tyler Rundall, in the amount 01'$50.00 per week payable to the plaintilrin the fonn ofa check or money order, mailed to her residence. pending the entry of an order by the Cumberland County Domestic Relations Office, The defendant shall commence payments within five (5) days of the entry of this Order and each Friday thereafter 7, Court costs and fees are waived, 8 This Order shall remain in el1ect for a period of one ( I ) year and can be extended beyond that time if the Court linds that the defendant has commilled an act of abuse or has engaged in a pallern or practice that indicates risk of harm 10 the plaintiff, This Order shall be enforceable in the same manner as the Court's prior Temporary I'rotection Order entered in this case, 9, This Order may subject the defendant to: i) arrest under 23 Pa,eS ~6113; ii) a private criminal complaint under 23 PaeS ~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 contempt under 23 PaC'S, ~6114,1 10, The East Pennsboro and Lower Allen Townships Police Departments and any other appropriate police departments shall be provided with certified copies of this Order by the plaintiffs allorney 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 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 PaeS. ~6113) II, The following custody schedule is entered upon consideration of the parties' Consent Agreement with regard to custody of the parties' child, Benjamin Tyler Rundall. a) The parties shall share legal custody of the child b) The mother shall have primary physical custody of the child, c) The father shall have partial custody of the child on dates and at times mutually agreed upon by the parties, LISA ANN RUNDALL. Plaintill. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO. 97- 219 CIVIL TERM MARK ALLEN RUNDALL. Defendant PROTECTION FROM ABUSE CONSENT AGREEM.:NT This Agreement is entered on this /1-1'''-. day of January. 1997. by the plaintill: Lisa Ann Rundall. and the defendant, Mark Allen Rundall The plaintilf is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney, The parties agree that the following may be entered as an Order of Court, I, The defendant. Mark Allen Rundall, agrees to refrain Irom abusing the plaintiff. Lisa Ann Rundall. or from placing her in lear of abuse, 2, The defendant agrees not to harass and stalk the plaintifl' and not to harass her relatives and the minor children 3, The defendant agrees not to enter the plaintifl's place of employment or the schools of her minor children or the day care facility of the parties' minor child, 4, The defendant agrees not to remove, damage. destroy. or sell any property owned by the plaintiff or jointly owned by the parties 5, The defendant agrees to stay away from the plaintifl's residence located at 3567 Green Street. Camp Hill. Cumberland County. Pennsylvania. except for the limited purpose of transferring custody. and the defendant agrees to stay away Irom any residence the plaintiff may in the future establish for herself. except for the limited purpose of transferring custody, 6, The delendant agrees to pay interim support to the plaintiff for the parties' minor child. Benjamin Tyler Rundall, in the amount of $50.00 per week payable to the plaintiff in the lorm of a check or money order by mail pending the entry or an order by the Cumberland County Domestic Relations Office, Payments to commence within live days of the entry of the Protection Order and each Friday thereafter. 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 matter will be in effect for a period of one (I) year and can be extended beyond that time if the Court linds 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, The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case, 9, Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa,C.S, !l6113; ii) a private criminal complaint under 23 PaCS !l6113,I; iii) a charge of indirect criminal contempt under 23 PaCS !l6114. punishable by imprisonment up to six months and a line 01'$100,00-$1,000,00; and iv) civil contempt under 23 PaT,S, !l6114,) 10. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, Benjamin Tyler Rundall, a, The parties will share legal custody of the child, b, The mother will have primary physical custody of the child, c, The father will have partial custody of the child on dates and at times mutually agreed upon by the parties, d, The mother and father agree that each will notifY the other of all medical care the child receives while in that parent's care, Each parent will notifY the other immediately of medical emergencies which arise while the child is in that parent's care, e, The parties realize that their child's well being is paramount to any diftcrences they might have between themselves, Therefore. they agree that neither party will 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 lor the other parent, WHEREFORE, the parties request that a Protection Order be entered to renect the above terms, 1~~a&:fti:f2D r1~ ... LEGAL SERVICES. INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 t ! \ >. L L: I.:: i , .' , .. f. r, tr', ( , " L.. ,.. , , - L' . :.J The defendant is enjoined Irom 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 contempt under 23 Pa.C.S. ~6114.1. This Order shall remain in effect until modified or tenninated 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 Benjamin Tyler Rundall, is hereby awarded to the plaintiff. Lisa Ann Rundall, A HEARING SHALL BE HELD ON TillS MATTER ON JANUARY II ,1997, AT ~ Ol' I) .M., IN COURTROOM NO. ~, OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing, The Cumberland County Sheriffs Department shall allempt to make servIce at the plaintiffs 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 to the Sheriff for service, The Prothonotary shall not send a copy of this Order to the defendant by mail. The East Pennsboro Township and Camp Hill Police Departments shall be provided with certified copies of this Order by the plaint ill's allorney, 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 , f , LISA ANN RUNDALL. Plaintitf IN THE COURT OF COMMON PLEAS OF v, CUMBERLAND COUNTY. PENNSYLVANIA NO,97-~_'_~L___m"__ CIVIL TERM MARK ALLEN RUNDALL. Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages. you must take action promptly afler this Petition. Order and Notice are served. by appearing personally or by attorney at the hearing schedulcd by the Court and presenting to the Court your defenscs or objections to the claims set forth against you, You are warned that if you fail to do so the Court may proceed without you. and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff You may losc money or property or other rights important to you, FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order. a surcharge of $25,00 will be assessed against you, You may also be required to pay attorney fees to Legal Services. Inc, for their representation of the plaintitf You should take this paper to your lawyer at once. 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. COURT ADMINISTRATOR. 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE. PENNSYLVANIA 17013 TELEPHONE NUMBER (717) 240-6200 AMERICANS WITlI DISABILITIES ACT OF 1990 The Court of Common Picas 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 availablc to disabled individuals having business before the court. please contact our ot1ice All arrangement s must be made at least 72 hours prior to any hearing or business before the court, floor, kicked her in the buttocks twice, grabbed her by the neck with one hand and threatened to hit her in the face. When the defendant released the plaintiff, she telephoned the police for help, The East Pennsboro Township Police and Pennsylvania State Police arrived, arrested the defendant, charged him with simple assault, and removed him from the marital home, A preliminary hearing has been scheduled before District Justice Manlove on January 21, 1997, and the defendant remains free on bail on his own recognizance with a condition of his bail that he have no contact with the plaintiff, The plaintiff sustained bruising and sorenss about her shoulder, buttocks and arms, red marks about her neck, and lumps and soreness about her head as a result of this incident. The plaintill'sought medical attention for her injuries at Holy Spirit Hospital. b) On or about December 24, 1996, the defendant shoved a chair which was on rollers into the plaintiff as she knelt on the floor, ripped the telephone cord from the wall, and smashed the receiver on the counter when she tried to telephone the police for help, Then the defendant grabbed the plaintiff by her upper arms, threw her to the floor, and when she got up, he grabbed her a second time, threw her into the family's 6 foot high decorated Christmas tree causing her to fall to the floor and the tree to fall onlop of her. The defendant then picked the tree up off of the plaintiff and threw it down ontop of her. When the plaintiff got up, the defendant grabbed her by the neck and choked her until she pleaded with him to let her go because she could not breathe, grabbed her by her shoulders, shook her violently several times ripping her shirt The defendant grabbed the plaintiff by her neck, and pushed her backward over the arm of the loveseat. Then defendant lell the house for approximately one hour and returned with his clothing wet from the waist down telling the plaintiff that he had tried to kill himself by walking into the I f river, The plaintill' sustained red marks and soreness about her throat, and soreness and stiffness about her back as a result of this incident. c) In or about November, 1996, the defendant locked the plaintill'in the basement when she went downstairs to get laundry and propped a chair against it to keep the door barricaded, d) In or about November, 1995, the defendant threatened to cut his wrists with a steak knife and kill himself e) In or about October, 1994, the defendant threw a can of baby formula at the plaintill: removed the parties' three-week old son Irom his crib and threatened to drop the child to the floor. Then the defendant slammed the plaintitrs hand in the door, grabbed her by the neck with both his hands, slammed her into the wall, and threw her to the floor. f) Since approximately 1994, the defendant has abused the plaintiff in ways including, but not limited to, pushing, shoving, choking. shaking, kicking, and grabbing her; throwing household objects at the plaintiff; intimidating her by drawing his fist back to hit her, and threatening to kill her. 5, On or about December 3D, 1996, the plaintiff and the minor children left the marital residence at 302 3rd Street, West Fairview, Cumberland County, Pennsylvania, in order to avoid further abuse and for their own protection 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 and written communications, 8, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives, or the minor children, 9, The plaintiff desires that the defendant be restrained Irom entering her place of employment, or the schools of her minor children or day care facility of the parties' minor child, 10, The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff, B. EXCLUSIVE POSSESSION II, The home from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the names of her mother, Anita Manhollan, and her step-father, John Patrick. The plaintiff does not seek to exclude the defendant from the marital residence at 302 3rd Street, West FaiIView, where he continues to reside, 12, The plaintiff desires the defendant to provide suitable alternate housing for her and the minor children, C. SUPPORT 13, The defendant has a duty to support the plaintiff and the parties' minor child, Benjamin Tyler Rundall, although the plaintiff seeks support for the child only at this time, 14, 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 herself and the parties' minor child, and rent payments for a residence for herself and the minor children in the near future, 15, The defendant is employed at LB Smith Lincoln/Mercury in Mechanicsburg, and has annual salary of approximately $26,000, ~ .. '" Plaintiff, defendant, Heather and Jennifer I 0 Park Street Mt, Holly Springs, PA October 5, 1994 to April, 1995 The plaintiff, the mother of the child, is Lisa Ann Rundall, currently residing at 3567 Green Street, Camp Hill, Cumberland County, Pennsylvania She is married, The plaintiff' currently resides with the following persons: Name Benjamin Tyler Rundall Heather Ashley Baker Jennifer Renee Baker Anita Manhollan John Patrick Relationship her son her daughter her daughter her mother her step. father The defendant, the father of the child, is Mark Allen Rundall, currently residing at 302 3rd Street, West Fairview, Cumberland County, Pennsylvania, He is married, The defendant currently resides alone 20, The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court, 21, The plaintit1' has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction 22, The plaintiff does not know of 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, 23, The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a, The plaintill'is a responsible parent who can best take care of the minor child, and who has provided for the emotional and physical needs of the child since his binh b, The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child, c, The defendant's behavior has adversely allccted the child, WHEREFORE. pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P,S, !i6101 !tl ~'. as amended, the plaintill'prays this Honorable Court to grant the following relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act" I, Ordering the delcndantto refrain from abusing the plaintiff or from placing her in fear of abuse; 2, Ordering the defendant to refrain trom having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications; 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 plaintill's place of employment or the schools or day care facilities of the minor children; 5, Prohibiting the defendant from removing, damaging, destroying or selling propeny jointly owned by the panies or owned by the plaintiff; 6, Ordering the defendant to stay away from the plaintiffs residence located at 3567 Green Street, Camp Hill, Cumberland County, Pennsylvania. and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 7, Ordering the defendant to provide suitable alternate housing for the plaintiff and the minor children, and 8, Granting temporary custody of the parties' minor child, Benjamin Tyler Rundall. to the plaintill', 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 elfect for a period of one year: I, Ordering the defendant to retrain from abusing the plaintiff the or from placing her in fear of abuse, 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintill' including, but not limited to. telephone and written communications 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 or the schools or day care facilities 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 residence located at 3567 Green Street. Camp Hill. Cumberland County. Pennsylvania. and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 7, Ordering the defendant to provide suitable alternate housing for the plaintiff and the minor children, 8, Granting support to the plaintiff for the partis' minor child, Benjamin Tyler Rundall. in the amount of $50,00 per week payable to the plaintiff in the form of a check or money order, mailed to her residence, and ordering the defendant to continue to provide health coverage to the plaintiff and the minor child, ordering the defendant to pay all of the unreimbursed medical expenses of the plaintiff and/or minor child of the parties to the provider or to the plaintiff when she has paid for the medical treatment and ordering the defendant to make rent payments on any future residence of the plaintiff and minor children, 9, Ordering the defendant to pay $250,00 to Cumberland County, one " of Legal Services, Inc.'s funding sources, in lieu of allomeys' fees, as reimbursement for the cost of litigating 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 payment 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 the East Pennsboro Township and Camp Hill Police Departments and any other appropriate police departments which have jurisdiction to enforce this Order, The plaintiff prays for such other relief as may be just and proper. Respectfully submilled, , G/ ,; :t~{IV (L~(_(. J6an Carey, Allomey for aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (7] 7) 243-9400 , , j" IL" ( I, ' It" (, (' . l.: L' I '-, r. ...00 , ' - . '\ I " "l ,~ lit'" j , , oJ . ~ j a , ' '. , ,)