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Tammy R, Loper,
Plaintiff
IN THE COURT OF COMMON Pl,EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97 -/1~/CIVIL TERM
Jason S, Loper,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
AND NOW, this
TEMPORARY
/'7'0
PROTECTION ORDER
day of April, 1997, upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, Tammy R, Loper, now residing at 26 Stephen Road,
Apartment #2C, Camp Hill, Cumberland County, Pennsylvania, is in
immediate and present danger of abuse from the defendant, Jason
S. Loper, the following Temporary Order is entered,
The defendant, Jason S. Loper, (SSN: 191-68-5284 and date of
birth: 11/17/741 now residing at 25 College Hill Road, Enola,
Cumberland County, Pennsylvania, is hereby enjoined from
physically abusing the plaintiff, Tammy R. Loper, or placing her
in fear of abuse.
The defendant is excluded from the plaintiff's residence
located at 26 Stephen Road, Apartment #2C, Camp Hill, Cumberland
County, Pennsylvania, a residence which is leased in the
defendant's name but which the parties jointly moved into in
August 1996, and from which the defendant moved out on or about
April 4, 1997, and any other residence the plaintiff may
establish, except for the limited purpose of transferring custody
of the parties' child, The defendant shall remain in his vehicle
at all times during the transfer of custody,
The defendant is ordered Lo refrain from having any direct
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or indirect contact with the plaintiff including, hut 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
plaintiff and from harassing the plaintiff's relatives,
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 the defendant to: i)
arrest under 23 Pa.C.S. ~6113; Oil) 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. 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 another act of abuse or has engaged in a pattern or
practice that indicates continued risk of harm to the plaintiff,
Temporary custody of Tyler Scott Loper is hereby awarded to
the plaintiff, Tammy R. Loper.
A hearing sha] I be held on t.hi s mutter on t.he :J.,'Jllr'I day of
April, 1997, at 1/:0(' l.i.,m., in Courtroom No ,!.L. , Cumberland
County Court.house, Carl isle, Pennsylvania.
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The plaintiff may proceed without pre-payment of fees
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pending further order of court,
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff'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 to the Sheriff for service, The
Prothonotary shall not send a copy of this Order to the defendant
by mail,
The East Pennsboro Police Department will be provided with a
certified copy of this Order by the plaintiff'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 committed in the presence of the
pollee 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, ~ 6113).
By the Court,
~b-' AIL
~ Judge
/
Tammy R, Loper,
Plaint.iff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 97 -
CIVIL TERM
Jason S, Loper,
De fendant.
PROTECTION FROM ABUSE
AND CUSTODY
NOTICE
You have been sued in court.. If you wish t.o defend against. t.he
claims set. fort.h in t.he following pages, yo II must. t.ake act.ion prompt.ly
aft.er t.his Pet.it.ion, Order and Not.ice are served, by appearing
personally or by at.t.orney at. t.he hearing scheduled by t.he Court and
present.ing t.o t.he Court. your defenses or object.ions t.o the claims set
fort.h against you, You are warned that if you fail to do so the Court
may proceed wit.hout you, and a judgment. may be entered against you by
t.he Court without further notice for any money claimed in the Petition
or for any other claim or relief request.ed by the plaintiff, You may
lose money or property or other rights import.ant 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 plaint.iff.
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
TELEPIIONE NUMBER: (717) 240-6200
AMERICANS WI~II 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 cont.act our office, All arrangements must be made at least 72
hours prior to any hearing or business before the court, You must
att.end the scheduled conference or hearing,
Tammy R, LOPCI',
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97 -/'1(i/CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
Jason S, Lopcr,
Defendant.
PETITION FOR PROTECTION ORDER
AND CUSTQDY
RELIEF UNDER TilE PROTECTION FROM ABUSE
ACT, 23 Fa.C.S. 6 6101 et scq.
A, ABUSE
1, The plaintiff, Tammy R, Loper, is an adult individual
residing at 26 Stephen Road, Apart.ment. #2C, Camp Hill Cumberland
County, Pcnnsylvania 17011.
2. The defendant, Jason S, Loper, (SSN: 191-6B-5274)(Date
of Birth: 11/17/74), is an adult individual residing at 25
College Hill Road, Enola, Cumberland Count.y, Pennsylvania, 17025.
3, The defendant. is the plaintiff's husband.
4, Since approximately 1995, t.he defendant has att.empt.ed
to cause and has intentionally, knowingly, or recklessly caused
bodily injury to the plaintiff, has placed the plaintiff in
reasonable fear of imminent serious bodily injury, and has
knowingly engaged in a course of conduct or repeatedly committed
act.s toward the plaintiff under circumst.ances which have placed
the plaintiff in reasonable fear of bodily injury. This has
included, but is not limited to, the following specific instances
of abusc:
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1\, On or about. ApI'il '\, 1997, the defendant. grl\bbed
the telephone from the plaintiff, threw it on the
floor, nnd broke it, lie forcefully grnbbed the
plainti ff' s arms I\nd twiRted them causing her pain and
bruising, The defendant then threw the plaintiff out
the screen door with such force thut he broke the door,
and he locked the door refusing to let her back into
the home, The plaintiff went to a neighbor'R, called
the police, I\nd then got an emergency protection order
through District Justice Ronald Klair on April 5, 1997.
b. In or about the Winter of 1996, the defendant
forcefully punched the plaintiff in the back causing a
bruise,
c, On several different occnsions and on a regular
basis since approximately 1995, the defendant has
grabbed the plaintiff, punched her, shoved her, twisted
her wrists and arms, and restrained her.
5, The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
should she remain in the home without the defendant's exclusion
and that she is in need of protection from such abuse.
6, 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
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custody arrangements.
7, The plaintiff desires that the defendant he enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives,
8, The plaintiff desires that the defendant he enjoined
from removing, damaging, destroying or selling any property owned
Jointly by the parties or owned solely hy the plaintiff.
R. ~;XCLIlSIVE POSSESSION
9, The apartment from which the plaintiff is asking the
Court to exclude the defendant is rented in the defendant's name,
hut the parties moved into the residence together in February
1996.
10. On or about April 4, 1997, the defendant moved in with
his parents who reside at 25 College Hill Road, Enola,
Pennsylvania.
11, The plaintiff currently has no place to stay with her
child except the marital home, and the defendant can continue to
live with his parents,
12, The plaintiff desires possession of the apartment so as
to give the greatest degree of continuity to the life of the
child,
~SIlPI.'.QRT
13, The defendant has a duty to support the plaintiff and
the minol' child.
14, The plaintiff is in need of financial support from the
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15. The defendant is employed at Ridley Park Apartments,
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defendant including, but not limited to: the rent payment on the
residence at 26 Stephen Road, Apartment #2C, Camp "ill,
Cumberland County, Pennsylvania.
and has a gross monthly salary of approximately $1,563,00 plus
overtime pay,
16, The plaintiff currently has no income.
17, The plaintiff intends to petition for support within
two weeks of the issuance of a protective order.
D. TEMPORARY CUSTODY
18, The plaintiff seeks temporary custody of the following
ch ild :
Name
Present Residence
Agg
Tyler S. Loper
26 Stephen Rd" Apt. 2C
Camp Hill, PA
4 yrs, old
DOB 10/19/92
The child was not born out of wedlock,
The child is presently in the custody of the plaintiff,
Tammy R, Loper, who resides at 26 Stephen Road, Apartment #2C,
Camp Hill, Pennsylvania,
Since his birth, the child has resided with the following
persons and at the following addresses:
Name
Addresses
Dates
Plaintiff, defendant,
and Rose Shambaugh
(plaintiff's mother),
Dennis Shambaugh
(plaintiff's stepfather),
and I,isa Swel fer'
(plaintiff's sister)
Bunker Hill Apts.
Camp Hill, PA
10/19/92 to
11/92
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Plaint! ff and P.O. Box 202 11/92 to
defendant. Summerdalet PA 4/93
Plaint! ff and Valley Green 4/93 t.o
defendant Townhouses, 4/94
Ett.ers, PA
Plaint! ff and York Haven, PA 4/94 t.o
defendant. 8/95
Plainti ff and 26 Stephen Rd, 8/95 to
defendant. Apt. #2C 4/4/97
Camp Hill, PA
Plaintiff 26 St.ephen Rd, 4/4/97 to
Apt.. #2C present
Camp Hill, PA
The plainti ff, the mot.her of the child, currently resides at
26 Stephen Road, Apartment #2C, Camp lIill, Cumberland County,
Pennsylvania,
She is married.
The plaintiff currently resides wit.h the following person:
Name
Relationship
Tyler S, Loper
son
The defendant., the father of the child, currently resides at
25 College Hill Road, Enola, Cumberland County, Pennsylvania,
He is married.
The defendant. current.ly resides with the following persons:
Name
Relationship
Judy and Ronald Loper
I,eslie I,oper
Jamie I,oper
Amber Loper
Parents
Sister
Sist.er-in-law
Niece
19. The plaint.iff has not. previously part.icipat.ed in any
lit.igation concerning cust.ody of t.he above mentioned child in
t.his or any ot.her Court.
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20. The plaintiff has no knowledge of any custcdy
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proceedings concerning this child pending before a court in this
or any other Jurisdiction.
21, The plaintiff does not know of any person not a party
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to this action who has physical custody of the child or claims to
have custody or visitation rights with respect to the child,
22, 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 plaintiff is a responsible parent who can best
take care of the minor child, and has provided for the
emotional and physical needs of the child since his
birth,
b, The defendant has shown by his abuse of the
plaintiff that he is not an appropriate role model for
the minor child.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa,C.S. g 6101 et lill.!!., 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
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any direct or Indir~ct contact with the plaintiff
including. but not I imlted to, telephone and
written communicatlonH, ~xcept to facilitate
custody arrangements,
3, Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives,
4, Prohibiting t.he defendant. from removing.
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff,
5, Granting possession of the apartment located
at 27 Stephen Road, Apartment #2C, Camp Hill,
Cumberland County, Pennsylvania, to the plaintiff
to the exclusion of the defendant pending a final
order in this matter, except for the limited
purpose of transferring custody of the parties'
child, The defendant shall remain in his vehicle
at all times during the transfer of custody,
6, Ordering the defendant to stay away from any
other residence the plaintiff may establish,
except for the limited purpose of transferring
cUHtody of the parties' child. The defendant
shall r~main In his vehicle at all times during
the transfer of cust.ody,
7, Granting t.emporary custody of the minor child
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t.o t.he plaintiff,
n. Schedule a hearing in accordance wiLh Lhe provisions of
the .Protection from Abuse Act,. and, aft.er such hearing, enter
an order to be in effect for a period of one year:
I, Ordering the defe~dant t.o refrain from
abusing tbe plaintiff or placing her in fear of
abuse,
2. Ordering t.he defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
wri t ten commlln i ca t.i ons, except t.o fac il ita te
custody arrangements,
3, Ordering the defendant to refrain from
harassing and st.alking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the part.ies or owned solely by the
plaintiff.
5, Grant.ing possession of the apartment located
at 26 Stephen Road, Apartment #2C, Camp Hill,
Cumberland County, Pennsylvania, to the plaintiff
to the exclusion of the defendant, except for the
limit.ed purpose of transferring custody of the
parties' child, The defendant shall remain in his
vehicle at. all t.imes during the transfer of
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custody,
6. Ordering the defendant to stay away from any
other residence the plaintiff may establish,
except for the limited purpose of transferring
custody of the parties' child. The defendant
shall remain in his vehicle at all times during
the transfer of custody.
7, Granting support to the plaintiff and the
minor child in an appropriate amount according to
the support guidelines payable to the plaintiff in
the form of R check or money order, mailed to her
residence, and ordering the defendant to make rent
payment.s on t.he residence of t.he plaintiff,
The plaint.iff further asks that. this Petition be filed and
served wit.hout payment of fees and costs by the plaintiff,
pending n furt.her order at t,he hearing, and that a certified copy
of t.his Petition and Order be delivered to the East Pennsboro
Police Department which has jurisdiction to enforce t.his Order,
The plaintiff prays for such ot.her relief as may be just and
proper,
COUNT IT
CUSTODY IlNDF.R PF.NNSYI,VANTA CIlSTODY I,AW
23, The allegat.ions of Count I above are incorporated
herein as If fully set forth.
24. The best interest and permanent welfare of the minor
child will be served by confirming cust.ody in the plaintiff as
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set forth in paragraph 22 of the petition.
WHEREFORE, pursuant t.o 23 Pa,C.S, ~ 5301 !l1 seq. I and other
applicable rules and law, the plaintiff prays this Honorable
Court t.o award custody of the minor child t.o her,
The plaint.iff prays for such other relief as may be just and
proper.
Respectfully submitted,
CDvIu!
for Plaintiff
LEGAl, SERVICES I INC.
B Irvine Row
Carlisle, PA 17013
(717) 243-9400
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The above-named plaintiff, Tammy R, Loper, verifies that the
statements made in the above Petition are true and correct. The
plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa,C.S, fi 4904 relating to unsworn
falsification to authorities,
Date:
LJ- /0- 97
kn~1
Tammy R, Lop
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TammyR, Loper,__
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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_Ptaintjff
No. .___93 - 1991 Civi 1 T~.r:r"-_
vs,
__._,E'r::ot~.c_t i.Qn_.rXQ.m Abuse~l,lJ?todY
,.Jal?On _8._ Loper_.
___ u______Q!lf.endant
_ n_.___.__..P_RAECIPE TOWU!:lPFll\\'L_t\C..J.1PN
The. p 1 a i nt iff in_ _the_atJQv_e-c_~p_tj.onesLc:;AS_E!-L~ql-les ts_tha t thJL......
Peti tion f.oruProt!lct;9nErQJ!L Abl,lsE!_fj.1e_cLQiL.1Hlri 1 17 , 199L_ _tJ_e_
w_i thdraw.!1.u and the. TempQr::Cir:LPrO_te.c<j..1_Qn uQr:d~Lb~"'y'!;l<;:llj._ed,.
To _Lawren.c:_e__E:._W.eJJ<_er
Prothonotary
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Plaintiff
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ERNEST W, O'CONNOR,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1931 civil Term
MARILYN M. O'CONNOR,
Defendant
IN DIVORCE
AFFIDAVIT OF ACCEPTANCE
I, Deborah Nicholson, Esquire, on behalf of my client,
Marilyn O'Connor, do hereby accept service of the Divorce
Complaint filed in the above-captioned action, having been
received by first class mail on <Jan.;)
, 1999,
Date:
otk }JJ. JZ~I.~r"J-J
Deborah Nlcholson, Esquire
MAG/sls OCONNOR
AFF51697
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
ABUSE OF THE ELDERLY
PLAINIlfFEMERGENCY RELIEF ORDER
r' N^,oIl. Iml ^UUfllutl
'l'MIHY l.ul'lm
26 5TE1'IIENS IUl.
CMII' IIII.L,I'A. 17011
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lr.Iag 0..1. No"
09-3-05
OJ Name: tlon
RONALD E, KLAIR
Ad<j,... 507 N. YORK ST.
MECHANICSBURG, PA
VS.
DEFENDANT:
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To.""" (717) 766-4575
17055-0000
JASUN S. !.01'E1! w/H IJUll-II-17-74
26 5'1'1';1'111'1'15 IUl, SSN 191685271t
CANI' IIILI"I'A, L7011
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tot.
Docket No,:
Dale FilmJ: '1/5/97
ORDER
,
Having found clear and convincing evidence that it Is necessary 10 provide emergency relief to protect the
Petitioner above, In accordance with 35 P.S. S 10220, I hereby order that tho following protective services
be provided for 30 hours (not to exceed 72 hours lromlhe time order Is Issued): CUNBERLA
EXPIRES 8: 30MI MONDAY April 7,1997, PLAINTIFF NUST PETI'l'lON CUNNUN nus COURT CO.
Describe relielto be provided: FOR PERHANENT I'ROTEC'l'lON OF ABUSE
IiliI Administer protective services plans. DEI'. JASON LOPER NOT BE RESIDE AT 26 STEPIIEN RD
O CAMP lIILL, PA DURNING PERIOD OF TillS ORDER (EXPlRA'l'lON DATE IS 4/7/97 8: 30AH
Receive and mainlain records of reports of abuse,
GJ Conduct Investigation 01 reported abuse. ALL POLICE AUTIIORITlES TO INVESTIGATE, gj~fiVE
?rJjh~e~O\!ol{OKft!L\~c1iUE~~:ERS AND IF, IN VIOLA'J'lON lllUNG FORTII TO DUTY DISTRIUT
o vonauct client assessment and develop service plan.
~ Arrange for available services needed to fulfill service plans. IF SlIEL1ER NEEUED
o Purchase temporary services needed 10 fulfill service plans.
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TENP ORDER WILLEXPIRE 4 7 97 at wliich TIHE PERMANENT ORnE
BY CO~IHON PLEA COURT CmUlERLAND CO.
ERED
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I have appointed legal counsel 10 represent Petitioner althe em ryency prote' services review
hearing, (check block il appropriate), LEGAL SERVICES CAR ~ 243 400
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(Di.lrlct Ju.tlco)
Dale and Timo of Order:
4/5/97
(Dnlo)
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THIS OROER IS VALID ONLY FOR THE PERIOD OF TIME SPECIFIEO ABOVE. PLEASE CONTACT THE COURT OFCOMMON PLEAS
OF THIS COUNTY FOR IMPORTANT INFORMATION ON FURTHER PROCEEDINGS IN CONNECTION WITH THIS PETITION,
AOPC 635-92
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