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HomeMy WebLinkAbout97-00478 PAULA HESS STAIIL, IN TIlE COURT OF COMMON PLEAS OF PllIintill' for herself and on hehlllf of her minor child: CUMBEIU.AND COUNTY, PENNSYLVANIA JASON EDWIN STAHL, CIVIL ACTION -LAW v, NO. 97. .'-/78 CIVIL TERM EUGENE TAYLOR RICIIARDS. Defendant PROTECTION FROM ABUSE n:MPORARY PROTECTION ORUER AND NOW, this F 'l'~;of January. 1997. upon presentation IInd consideration of the within Petition, and upon finding that the plaintill: Paula Hess Stahl. and her minor child. Jason Edwin Stahl. now residing at 2101 Lambs Gap Road, Enola. Cumberland County. Pennsylvania, are in immediate and present danger of abuse Irom the dclcndant. Eugene Taylor Richards. the following Temporary Order is entered, The delendant. Eugene Taylor Richards (SSN 175-48-6240)(0013: 8/14/58). now residing at 132 Warrington Road, Dillsburg, York County. Pennsylvania. is hereby enjoined from physically abusing the plaintil1: Paula Hcss Stahl. or her minor child. Jason Edwin Stahl. or Irom placing them in fear of abuse, The defendant is ordered to stay away Iromthe plaintill's residence located at 2101 Lambs Gap Road. Enola. Cumberland County, Pennsylvania. a residence which is owned solely by the plaintilT, and is ordered to stay away from any residence the plaint ill' may in the future establish lor hersell~ The defendant is ordered to relrain Irom having any direct or indirect contact with the plaintill' or her minor child. Jason Edwin Stahl. including. but not limited to, telephone and written communications, The defendant is enjoined Irom harassing and stalking the plaintill' and from harassing her relatives. or the parties' minor child. The delendant is enjoined from entering the plainlil1's places of employment and the school of Jason Edwin Stahl, and the day care lacility of Ihe parties' minor child, Taylor Paul Richards, The defendant is enjoined Irom removing, damaging, destroying or selling any property owned jointly by the purties or owned by the plaintil1'. A violation or this Order 1Il1lY subject the defendllnt to: i) arrest under 23 PlI.C.S. ~6113; ii) a privllte crilllinlll complllint under 23 PlI.C.S. ~6113.li iii) II chllrge or indirect criminlll contempt under 23 PlI.C.S. ~6l 14, punishllble by imprisonment up to sill. months lInd II fine 01'$100.00-$1.000.00; :tnd iv) civil contelllptunder 23 PlI.C.S. ~61 14.1. This Order shall remain in el1ect until modi lied or terminated by the Court and can be extended beyond its original expiration date if the Court Iinds that the defendant has committed an uct of abuse or has engaged in u puttern or practice that indicutes risk of harm to the plaintitl' Temporary custody ofTuylor Paul Richurds, is hereby uwarded to the plaintil1: Paula Hess Stahl. A IIEARING SIIALL BE II ELI> ON TillS MArrER ON TilE 7t/; I>AY OF FEBRUARY. 1997, AT '/, ,~(I '1 .M., IN COURTROOM NO...iL. OF TilE ClIMBERLANI> COUNTY COlIRTIIOlISE. CARLISLE, PENNSYLVANIA. The plaintiff may procced without pre-payment of Ices pending a further ordcr aller thc hearing The Cumberland County Shcril1's Depurtmcl1t shull attempt to makc service at the plaintill's request und without pre-paymcnt of lees, but service may be accomplished under any applicable rule of Civil Procedure This Order shall be docketed in the ollice of the Prothonotary und forwardcd to the Shcritl' lor scrvice, The Prothonotary shall not scnd a copy of this Order to the delendant by muil, yelled fbr her I J-year old son, Jason, 10 telephone 9 II for help. The delendant jUlllped up 011' of the plainlill: ran into the kitchen, grabbed the telephone Irom the child, threw it against the wall, grabbed the child by the neck, choked him, and, while holding him by the neck with one hand, repeatedly punched the boy about his arm. The plaintitl'intervened and touk the children into her basement office for protection and telephuned 9 II tilr help IIgain. The delendllnt was smashing and throwing huusehold objects IInd over-turning furniture as the plaintilr spoke to the 9 II dispatcher and continued to do so until the police arrived causing the plaintill' tu lear for her salety and that uf her children. When the Hampden Township Police Department arrived, the defendant threw a three-tiered plate stand at the plaintitT hitting her in the shuulder with it. The dclendant was arrested, charged with simple assault and taken to Cumberland County Prison. The plaintitr sustained bmising and swelling about her eye, lace, hand, and shoulder, and soreness about her shoulder as a result of this incident. ^ preliminary hearing on the matter is scheduled before District Justice Farner on January 29, 1997, at 11:00 am. b) In or about mid-November. 1996, the defendant slapped the plaintift' about her head several limes, yelled at her. repeatedly slammed a chair against the floor until the legs broke 011: and then threw the chair at the plaintitT who dodged it to avoid being hit. The plaintill'sustained a headache and soreness about her head as a result of this incident. c) In or abuut late July, 1996, the delendant threw his plate of food at the plaintill' hitting her in the ann with the plate, and then went outside and punched the hood of her vehicle denting the hood. The plaintitT sustained a chipped bone in her elbow as a result of this incidenl. d) Since approximately 1991, the dclendant has abused the plaintitl'in ways including, but not limited tu, pushing, shuving, slapping, punching, choking, and kicking the plaintill; grabbing her by her arms and hllir, throwing her about bodily, slamming her against walls, and rcstraining hcr hy pinning her down. In addition, the defendant has threatened to kill the plaintilr on several occasions, threatened to burn her house down with everyone in it, and has relentlessly harassed thc plaintiffs minor son, Jason. Thc dclendant has also dcstroyed thc plaintifl"s property by throwing houschold objccts, including but not limitcd to a tclevision, computer, lamp, and telephoncs, and has punched holcs in walls, kicked doors in, and lorn a ceiling Ian olrofils mounting. 5. The plaintilrbelieves and Iherefore avers Ihat shc and hcr minor child, Jason Edwin Slahl, arc in immcdiatc and present danger of abusc Irom thc dclendant should thcy rcmain in thc homc withoutthc dcfcndant's cxclusion and that they are in nced of protection from such abuse 6. Thc plaintifr desires that the dclendant be prohibited Irom having any direct or indirect contact with the plaintill' and hcr minor child, Jason, including, but not limitcd to, telephonc and writtcn communications 7. The plaintill'desires that the delendant be enjoined from harassing and stalking the plaintin: and from harassing her relatives, or the partics' minor child. 8. The plaintitT desires that the delendant be reslrained from entcring hcr placcs of employment, or Jason's school or thc day care lacility ofthc parties' minor child, Taylor. 9. The plainlill'desircs that the defendant bc enjoined from removing, damaging, dcstroying or selling any property owned jointly by the parties or owncd by thc plaintill'. II. .:XCLlISIVE I'OSS.:SSION 10. The home Irlllll which the plaintill' is asking the Court to exclude the defendant is owned in the namc of Paula fless Stahl. The delendant has been residing with his parcnts since approximately January 21, 1997, and the plaintill'dues not seek to evict himlrom his residence. C. SIII'I'ORT II. Thc delendant has a dUly to support Ihe parties' minor child, Taylor Paul Richards. 12. The plaintitl' is in need of Iinancial support from the delendant including, but not limited to: health insurance coverage, and pay men I of unrcimbursed medical expenses for thc parties' child I J. The defendant is employed by Ron Hoflillan as n painter. While Ihe dclendant's current hourly wage is unknown to the plaintifl: he has earned as much as $12.00 pcr hour painting. 14. The plaintitl's income is insullicienl to provide lilr her minimal needs and thosc of thc child until such timc as a support order can be obtaincd by liIing at thc Domcstic Relations Ollicc 15. The plaintill'intends to pctilion for support within two wceks of thc issuancc of a protcction ordcr. 1>. LOSSES ANI> REIMlIlJRSEMENT FOR COST OF CASE 16. The plainlitT has sutTered losses as a result of the abusc by thc defcndant. Thc losscs arc lislcd on Exhibit ^ attachcd 17. Ordering 'he delendanl to pay $25000 to Cumberland County, onc of Lcgal Scrvices, Inc.'s funding sources, in lieu of attorncys' lees, as reimbursement for thc cost of liligating this case and assessing the $25.00 surcharge and court costs 10 the dcfendanl if the case goes 10 hearing. 19. The plainlill'has nut previously participated in any litigation concerning custody of the above mentioncd child in this or any other Court. 20 The plaintill' has no knowledge of any custody proceedings concerning this child pending belorc a court in this or any other jurisdiction. 21 The plaintill' does nut know of any persun nut a party tu this aclion who has physical custody uf the child or claims to have custody or visitatiun rights with respect to the child. 22 The best interests and permanent welfarc of the minor ehild will bc met if custody is temporarily granted to the plaintill' pending a hearing in this matter lilr reasons including: a. Thc plaintilr is a responsible parent who can best take care of the minor child and who has provided filr the emotiunal and physical needs of the child since his birth. b. The delendant has shown by his abuse of the plaintill' and her child that he is not an appropriate role model lor the minor child. c. The delendant's bchavior has advcrsely allecled the child. WHEREFORE. pursuant to Ihe provisions of the "Protcction Irom Abuse Act" of October 7, 1976,23 P.S. ~6101lj ~en., as amended, the plaintilTprays this Honorable Court to grant thc Ibllowing relief A. Grant a Temporary Order pursuanlto thc "Protection Irom Abuse Act:" I. Ordering the delendanl to rclrain from abusing the plaintilT and her minor child, Jason Edwin Stahl, or Irom placing them in lear of abuse; 2. Ordering the delendant 10 relrain Irom having any direct or indirect contact with the plaintill' or her minor child including, but not limited to, telephone and written communications; 3. Ordering Ihe delendant to relrain Irom harnssing and stalking the plaintilrand Irom harassing her relatives and the parties' minor child; 4. Prohibiting Ihe delendant Irom entcring the plaintitl's places of employment or Jason's school or the day care facility thc parties' minor child; 5. Prohibiting the delendanl Irom removing, damaging. destroying or sclling propcrty jointly owned by the parties or owned by the plaintifT; 6. Ordcring Ihe dclendanl to stay away from Ihe plaintilYs rcsidence lucated at 2101 Lambs Gap Road, Enola. Cumberland County, Pennsylvania, and ordering the defendant 10 stay away from any rcsidence thc plaintill'may in the luture establish tor hcrscU: and 7. Granting temporary custody of the parties' minor child, Taylor Paul Richards, to the plaintilr B. Schedule a hcaring in accordance with thc provisions of the "Protcction from Abuse Act," and. allcr such hearing, enter an order to be in ctTecI lor a period of onc ycar: I. Ordering the defendant to refrain trom abusing thc plaintitT or her minor child, Jason Edwin Stahl, or lrom placing thcm in fcar of abuse. 2. Ordering thc defcndant to refrain from having any dircct or indircct contact with Ihc plaintilr including, but not limitcd to, telcphonc and written communications, cxcept Ibr the limited purpose of facilitating custody arrangements. 3. Ordcring the defendanl to refrain from harassing and stalking the plaintitl' and lrom harassing her relativcs and the parties' minor child. 4. Prohibiting the delendant frorn entcring the plaintill's places of cmployment ,md Jason's schoul and the day care facility of the parties' minor child. 5. Prohibiting the delendant from rcmoving, damaging. dcstroying or selling property jointly owned by the parties or owned by the plaintilT. Cl. Ordering the dclendant to stay away from the plaint ill's rcsidence locatcd at 2101 Lambs Gap Road. Enola, Cumberland County, Pcnnsylvania. and ordcring the delendant to stay away from any residence the plaintill'may in the future establish fbr herseIr 7. Granting suppurt to thc plaintill' tin thc parties' minor child in the amount of $50.00 per wcck payable to Ihe plainlill' in thc form of a check or moncy order, mailcd to her residcncc; ordcring the defcndant to provide health covcrage to the partics' minor child. and ordering thc defcndant to pay all of the unreimbursed medical expenscs of the partics' minor child to the provider or to the plaintill'when she has paid for the medical treatment. 8. Ordcring thc dclendant to rcimbursc the plaintilfs out-ol:pocket losses sulTcrcd as a rcsult of the abuse including but not limitcd to the losses listed on the allachcd sheet markcd Exhibit A. 9. Ordering thc defendanlto pay $25000 to Cumberland County. one of Legal Serviccs, Inc's funding sources, in lieu of allorncys' fees, as rcimburscment for thc cost of litigating this case and assessing thc $25.00 surcharge and court costs to the defendant if the case gocs to hcaring. Thc plaintill'lllrther asks that this I'clilion bc IiIcd and scrvcd withuut paymcntof fccs and costs by thc plaintit1: pending a fiJrthcr order at the hcaring, and that a certilied copy of this , '" , -J "- \ -t't 0 ~ '. ." ) ..... ~. ')> . . ~ , "'" 11' , .., , , .j "J" , ( .'~ j L__ l , .... .t '<.l PAULA IIESS STAIIL, IN TilE COURT OF COMMON PLEAS OF Plaintill' for herself and on behalf of her minur child: CUMBERLAND COUNTY, PENNSYLVANIA JASON EDWIN STAIIL, CIVIL ACTION - LAW v. NO. 97-47!l CIVIL TERM EUGENE TAYLOR RICIIARDS, Dcfcndllnl PROTECTION FROM ABUSE ORI>ER FOR CONTINIIANCE AND NOW.lhis I~~of Febmary, 1997, upon considcration of Ihc attached Motion for Continuance. the mattcr schcdulcd lor hearing on Fcbmary 7, 1997, at 9:30 a.m., by this Court's Order of January 29, 1997, is hereby rescheduled 10 MlIrch 6, 1997, at 9:00 1I.m., in Courtroom No.4 or Ihe Cumberlllnd County Courthouse. This Ordcr is cntcred without prejudicc to eilher party to requcst a hearing. The Tcmporary Protcction Order shall remain in clTect lor a period of onc ycar or until lurther Order of Court, A certilied copy of this Ordcr for Conlinuancc will bc providcd to thc lIampdcn Township Police Department by the plaintil1's attorncy. By the Court, ~;,.1,~.L / Joan Carey LEGAL SERVICES, INC. Attorney lor Plaintifr Eugcnc Taylor Richards, Dclcndant 132 Warrington Road Dillsburg, PA 17014 By thc Court, ~~ fiLL K7A. Hess, Judge Thc mothcr and fathcr shall notify ellch othcr of all medical carc the child rcccivcs whilc in that parent's care. Each parent shall notify the other immediately of mcdical emcrgcncics which arise while the child is in that parcnt's carc. e) Neither party shall do anything which may estrangc the child from the other parcnt. or injurc the opinion of the child as to thc other parcnt or which may hamper the free and natural dcvelopment of the child's love or respect for the othcr parcnt. Joan Carey LEGAL SERVICES. INC. Attorney for PlaintitT Eugenc Taylor Richards Dcfendant .J) tJ . Ij , -1 ~ -, w , J . .J ~ ..,j " .:. oj -f .... f-. '< ~< ... I.:, ,) 1" !j 0 " ~,~ ! ., ? r J c. ,. ... ..- '-.' _.