Loading...
HomeMy WebLinkAbout97-02214 } 0 '? \. i '{ , I ~ ~ I " I i 1 1 I i .., I > ! i " ~ I ~ S ~ ~ ~ ~' "'" - .~ Cti ~ " "C I ~/ , 1:'1 ~ ~ Kathy M. Henderson, Plaintiff ,IN THE COURT OF COMMON PLEAS I IOF CUMBERLAND COUNTY, PENNSYLVANIA vs. INO. 97 - 2214 CIVIL TERM Darryl S. Henderson, Oefendant :PROTECTION FROM ABUSE :CUSTOOY FINAL ORDER OF COURT Oefendant's Name: Darryl S. Benderson Defendant's Date of Birth: 3/19/68 Defendant's Social Security Number: 209-62-4334 Name of Protected Person: Xathy M. Benderson AND NOW, this ~ day of May, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERBD, ADJUDGED, and DECREED as follows. Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC., Defendant is rmpresented by Gerry Robinson of Robinson. Geraldo. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegation made in the Petition. o Plaintiff's request for a Final Protection Order is denied OR ~ Plaintiff's request for a Final Protection Order is granted. ~l. Defendant shall not abuse, stalk, harass, or threaten Plaintiff or any other protected persons in any place where they might be found. o 2. Defendant is completely evicted and excluded from the residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. o On [Insert date and time], Oefendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Oefennant is in the company of a law enforcement officer when such retrieval is made. o 3. Except as provided in Paragraph 5 (and Paragraph #B if any unusual circumstances) of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's sr.hool, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at *, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. o 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiff by tel~phone or by any other means, including third parties. ~ 5, Cu.tody ot the minor chi1dr.n, Xaren and Xati. Henderson, .ha11 ba a. to11ows. ... attach.d Cu.tody Order. ~ 6, D.t.ndant .ha11 imm.diat.1y turn ov.r to the Sh.ritt's ottic., or to a local law entorcem.nt ag.ncy tor d.1iv.ry to the Sheritt'. ottic., the to11owing w.apon. u..d or threat.ned to be u..d by D.t.ndant in an act of abu.e again.t P1aintitt or the minor chi1dr.nl any and all of hi. gun. and hunting rifl.. including hi. ritle which i. at hi. tath.r'. resid.nce. ~ 7. D.t.ndant is prohibit.d trom po.....ing, transt.rring or acquiring any other w.apons tor the duration of this Ord.r. Any weapons d.1iv.r.d to the .h.ritt und.r Paragraph 6 ot this Ord.r or under Paragraph 6 ot the Temporary Ord.r .hal1 not be returned until turth.r Ord.r of Court, ~ 8. The following additional relief i. granted a. authoriaed by 16108 of thi. Aot, a. Thi. Order .hall remain in effeat until modified or terminated by the Court and oan be extended bayond it. original expiration date if the Court find. that Defendant ha. committed another aot of Abu.e or ha. engaged in a pattern or practice that indicate. continued ri.k of harm to Plaintiff, b, Defendant i. required to relinqui.h to the .heriff any firearm licen.e Defendant may possess. Defendant'8 weapon. and firearm licen.e may be returned at the expiration of the Proteotion Order after Defendant ha. .ubmitted a written reque.t to the Court for the return of the weapon. and the Court has notified Plaintiff of the reque.t and given Plaintiff an opportunity to reapond. A oopy of this Order ahall be tran.mitted to the chief or head of the police department of the Pennaylvania State Police and the sheriff of Cumberland County. , c. Defendant i. enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff, ! ~ ! ~ r ! I i I I ! , I t I i I d. Defendant is to refrain from harassing Plaintiff's relative. or the minor children. e. The court costs and fees are waived. o 9. Defendant is directed to pay temporary support for, as follows: This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date. to the appropriate party. 181 13, THIS ORIlIR SOPlRCIDIS 181 ANY PRIOR PrA ORIlIR AND 181 ANY PRIOR ORIlIR RlLATING TO CHILD COSTODY, 14. All provisions at this Order .hall expire in one year. NOTICI TO DBFIHDANT VIOLATION or THIS ORIlIR MAY RBStJLT IN YOUR ARRBST ON THI CHARGB OF IHDIRICT CRIMINAL CONTUPT NBICH IS PtJNISBABLB BY A rINK OF UP TO $1,000 AND/OR A JAIL SINTINCI or OP TO SIX MONTHS. 23 PA.C.S, 16114, VIOLATION MAY ALSO StJBJBCT YOU TO PROSICOTION AND CRIMINAL PINALTIIS ONDIR THB PBHNSYLVANIA CRIMIS COOl. THIS ORDBR IS BN70RCBABLI IN ALL FIFTY (50) STATIB, THI D~STRICT OF COLOMBIA, TRIBAL LANDS, U.S. TBRRITORIBS, AND THB COKKONNBALTH or PUBRTO RICO ONDIR THI VIOLBNCB AGAINST WOICBN ACTION, 18 U.S.C. 12265. IP YOU TRAVEL OUTS lOB OP THB STATB AND INTBNTIONALLY VIOLATB THIS ORIlBR, YOU MAY BB StJBJECT TO FBDBRAL CRIMINAL PROCBBDINGS ONDBR THAT ACT. 18 U.S.C. II 2261-2262, IP PARAGRAPH 12 OP THIS ORIlBR BAS BBBN CHBCKBD, YOU MAY BB StJBJBCT TO PBDBRAL PROSBCUTION AND PBNALTIBS ONDBR THB "BRADY" PROVISIONS OP THB GUN CONTROL ACTION, 18 U.S,C. 1922(G), POR POSSBSSION, TRANSPORT OR RBCBIPT OP FIRBARMS OR AMMUNITION, NOTICB TO LAW BNPORCBMBNT OFPICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation at this Order occurs OR where Defendant may he located, shall enforce this Order. An arrest tor violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S, 16113. Subsequent to an arrest, the police otficer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheritt shall maintain possession of the weapons until further Order of this Court. When Defendant i. placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities betore whom Detendant is to be arraigned. A "Complaint tor Indirect Criminal Kathy M. Henderson, Plaintiff IIN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. INO. 97 - 2214 CIVIL TERM Darryl S. Henderson, Defendant :PROTECTION FROM ABUSE : CUSTODY CUSTODY OROII!, ~-'I" /)'1. ANO NOW, this I day of ICbJ ,1999, upon . , consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children, Karen and Katie Henderson. This Order is in effect until either party petitions the court for a change in the Order. 1. plaintiff, hereinafter referred to as the mother, shall have primary physical custody. 2. Defendant, hereinafter referred to as the father, shall have partial custody of the children every other weekend from Saturday from10:00 a.m. until 7:00 p.m. and on Sunday from 9:00 a.m. until 5:00 p.m. 3. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court. 4. Any expans10n of the father's partial custody to include overnight periods shall be as agreed upon by the mother and father and conditioned upon the following: a) The father shall have a psychological evaluation by a licensed psychologist at the father's expense, and he shall follow the recommendations of the psychologist including taking the prescribed medications. b) The mother's attorney shall have access to the father's medical information and records and may communicate with the father's doctors and therapists to dicuss his progress and to verify that he is following the recommended treatment plan. r Kathy M. Henderaon. plaintiff ,IN THB COURT OP COMMON PLBAS vs. ,OP CUMBBRLAND COUNTY, PBNNSYLVANIA , :NO. 97 . 2214 CIVIL TBRM Darryl S. Henderson, Ooetendant . :PROTECTION FROM ABUSE :AND CUSTODY 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 rellef requested in the Petition. In particular, you may be evicted from your residence and lose other important ri~hts. A hearing on this matter is scheduled for the :,. i,A day of March, 1999, at "I -:, .m., in Courtroom No. "\ of the cumberland County Courthouse, 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 po~ice 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 andlor up to six months in jail under 23 Pa.C.S. 5611~. Violation may also subject you to prosecution and criminal penalties under the Penns~lvania Crimes Code. Under federal law, 18 U.S.C. 52265. this Order is enforceable anywhere in the United States, tribal lands, U.S. 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 U.S.C. 52261-2262. .- I. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT APPOINT A LAWYER FOR YOU. IF YOU 00 NOT HAVE A LAWYER OR 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO YOU HAVE THE RIGHT WILL NOT. HOWEVER, CANNOT AFFORD ONE. WHERE YOU CAN GET PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMBRICANS WITH DISABILITIIS ACT or 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 confer~nce or hearing. . :1' Kathy M. Henderson, plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 97 - 2214 CIVIL TERM I. I . . ~ Oarryl S. Henderson, Oefendant :PROTECTION FROM ABUSE : CUSTODY TEMPORARY PROTECTION FROM ABUSE OROER Defendant's Date of Birth: 3/19/68 f Oefendant's Name: Darryl S. Senderson Defendant's Social Security Number: 209-62-.33. Names of the Protected Person. including Plaintiff and minor children: Kathy M. Senderson. AJlD NOW, this I _.,1 day of March, 1999, upon consideration of the attached petition for Protection from Abuse, the court hereby enters the following Temporary Order. - ~. . .. i. ! ~ 1. Defendant shall not abuse, harass, stalk or threaten any of the ~bove persons in any place where she might be found. o 2. Defendant is excluded from Plaintiff's residence located at Cumberland County, Pennsylvania, a residence which is jointly owned by the parties,. 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, except for the limited purpose of transferring custody of the parties' children. Defendant shall remain in his vehicle at all times during the transfer of custody. o 3. Except for such contact with the minor children as may be permitted under Paragraph 5 of this Order. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's school, business, or place of employment, Defendant is specifically ordered to stay away from the following locations for the duration of this Order: . o 4. (Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this order,) Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ~ 5. Pending the outcome of the final hearing in this matter. Plaintiff i. awarded temporary custody of the following minor children. Xaren and Xatie Henderson. Until the final hearing, all contact between Defendant and the children shall be limited to the following, supervised visitation at times and places agreed upon by the parties, The local law enforcement agency in the jurisdiction where the children are located .hall ensure that the children are placed in the care and control of Plaintiff in accordance with the terms of this Order. ~ 6. Defendant shall immediately relinquish the following weapon. to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office. any and all guns and hunting rifles. Defendant i. prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted. The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fee., 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 .hall not .end a copy of this Order to Defendant by .ail. Thi. Order .hall reaain in effect until .odified or terainated by the Court and can be extended beyo':\Q ~ ,,," original expiration date if the Court finds that Defendant ~,. committed another act of abuse or ha. engagad in a pattern or ~ractice that indicate. continued risk of hara to Plaintiff, I. I' it I I I Defendant is required to relinquish to the sheriff any fireara licen.e Defendant may possess. Defendant's weapons and fireara license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be tran.mitted to the chief or head of the penn.ylvania State Police Department and the sheriff of Cumberland County, Defendant i. 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. NOTICB TO OBFBNDANT ~ 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter I Pennsylvania State Police Department ~ 9. THIS ORDBR SUPBRSBDBS ~ ANY PRIOR PFA ORDBR AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10, THIS ORDER APPLIBS IMMEDIATBLY TO DBFBNDANT AND SHALL RBMAIN IN BFFECT UNTIL MODIFIED OR TBRKINATBD BY THIS COURT AFTBR NOTICE AND HORING. Defendant is hereby notified that violation of this Order may re.ult in arre.t for indirect criminal conteapt, which i. puni.hable by a fino of up to $1,000.00 and/or up to .ix months in jail. 23 Pa.C.S. 1611~. Con.ent of Plaintiff to Defendant's return to the re.idenoe .hall not invalidate this Order, which oan only be ohanged or modified through the filing of appropriate oourt paper. for that purpo.e. 23 Pa.C.S. 16113. Defendant is further notifi.d that violation of this Ord.r may subj.ot him/h.r to .tat. charge. and p.nalti.s under the p.nnsylvania Crime. Code and to fed.ral oharge. and p.naltie. under the Violence Against Wom.n Act, 18 U.S.C. II 2261-2262. Anv Drotection ord.r qranted bv a oourt mav be consider.d in any .ubsequ.nt Droc.edinq., in;cil~Udinq child oustodv Droc.edinq., under title 23 (Dome.tic ~__t!~~SI of the pennsvlvania Consolidated Statutes. I " r . ~i NOTICB TO LAW BNPORCBMBNT OFFICIALS This Order shall be enforced by the police who have jurisdiotion over Plaintiff's residence OR any locations where a violation of this order occurs OR where D.fendant may be located. If Defendant violates paragraphs 1 through 6 of this Order, Def.ndant may be arr.sted on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based sol.ly on probable cause, wheth.r or not the violation is oommitted in the presence of law enforcement, Subsequent to an arrest, the law enforcement officer shall .eize all w.apon. used or threat.ned to be used during the violation of this Order OR during prior incidents of abus.. Weapon. must forthwith b. deliver.d to the Sheriff'S office of the oounty which issued this Order, which office shall maintain pos....ion of the weapons until further Order of this Court, unl.ss the weapon/s are evidence of a crime, in which ca.e, they .hall remain with the law enforcement agency whose officer made the arr.st. BY THB COURT, . I // f:f.. ,. , IO','/fj Judge 5 . /~ --ffc? ]bk .I' ' Joan Carey AttornlaY for Plaintiff- ;1 (Ijll' l ( :: c rVI ~,~ j-ffr-t'(1 /IA.tt;ljJi<. (jf/J(./(~,,- LUl',v..,,), :I ( , J 'lf~1 Jqo (", {AllIe /~ I(~L Kathy M. Henderson, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 99 - CIVIL TERM Darryl S. Henderson, Defendant :PROTECTION FROM ABUSE :AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUN'l' I 1. Plaintiff's name is Kathy M. Henderson. 2. The name of the person who seeks protection from abuse is Kathy M. Henderson. 3. Plaintiff's address is 118 springfield Road, Newville, Pennsylvania. 4. Defendant is believed to live at 297 Shed Road, Newville, pennsylvania. Defendant's Social Security Number is 209-62-4334. Defendant's date of birth is 3/19/68. Oefendant's place of employment is Hoffman Mills, Shippensburg, Pennsylvania. 5. Defendant is Plaintiff's husband. 6. plaintiff and Defendant have been involved in the following court actions for support and protection from abuse: Case name Case no. Date filed Court Henderson vs. Henderson 3/2/99 Domestic Relations Court of Common Pleas of Cumberland County 00162 S1999 Henderson vs. Henderson 97-2214 4/15/97 Cumberland County Court of Common Pleas I it, t \d I I I ! I l I ~: I. Henderson vs. Henderson 94-2089 4/22/94 Cumberland County of Common pleas 7. Plaintiff seeks temporary custody of the following children: .< \ HAlU Addre.. Birthdat.. Karen Marie Henderson 118 Springfield Rd. 7/6/92 Newville, PA Katie Marie Henderson 118 springfield Rd. 11/4/95 Newville, PA B. Plaintiff and Oefendant are the parents of the following minor children: Name(s) Age(s) Address (unless confidential! Karen Henderson 6 yrs. old 118 Springfield Road Newville, PA Katie Henderson 3 yrs. old 118 Springfield Road Newville, PA 9. The following information is provided in support of Plaintiff's request for an Order of child custody: (a) The children were not born out of wedlock. (bl The children are presently in the custody of Plaintiff, Kathy M. Henderson, who resides at 118 springfield Road, Newville, Cumberland County, Pennsylvania. (c) Ouring the past five years, the children have resided with the following persons and at the following addresses: (1) Plaintiff does not know 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. f . i! i' ! i (m) The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to plaintiff pending a hearing in this nlatter for reasons including: ~ i I' (1) Pla1ntiff is a responsible parent who has provided for the emotional and physical needs of the children since their births, and who can best take care of the minor children. (2) and for Oefendant has shown children that he is not the minor children. by his abuse of plaintiff an appropriate role model (3) plaintiff has concerns for the children's safety because she believes that Defendant's erratic behavior is caused by his not taking the prescribed medication for his diagnosis which plaintiff believes to be anger control and chemical imbalance. This medication was prescribed for him when he was institutionalized in April 1997 after wielding a gun and threatening to kill himself. 10. The facts of the most recent incident of abuse are as follows: On several different occasions during January and February 1999, Defendant, who was not taking his medication for what Plaintiff believes to be anger and chemical imbalance, exhibited signs of instability, screamed at plaintiff, at times in front of the children, and called Plaintiff vile names causing her to fear for her safety and that of her children. 11. Defendant has committed the following prior acts of abuse against Plaintiff: a. In or about November 1998, Defendant became enraged, screamed at Plaintiff, and threw several items, such as, a lid to a popcorn popper and a glass coffee cup, at her such that she had to leave the room to avoid being hit with the items. i , I I' i i b. On or about April 29, 1997, No. 97-2214,and April 29, 1994, No.94-2089, protection from Abuse Orders were entered under the above captioned numbers. Plaintiff's fear of abuse is exacerbated because of Defendant's history of abuse which included the following: threatened to kill himself while wielding a gun causing plaintiff to fear for her safety and that of her children, shoved Plaintiff, barged into their daughter'S room and knocked plaintiff backwards as she held the door shut to protect herself and her children. Additionally, Oefendant has threatened to kill himself, grabbed a gun, and walked through the house carrying the weapon causing Plaintiff to fear for her safety and that of her children. Defendant has punched holes in a wall, thrown objects, kicked a locked bathroom door open breaking the lock causing Plaintiff to fear for her safety, poked his finger in her face, threatened to break Plaintiff's neck, grabbed plaintiff by her neck, shoved her against a wall, and grabbed her by the arms restraining her. 12. Oefendant has threatened to use a weapon causing Plaintiff to fear for her safety. 13. The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Pennsylvania State Police Department. 14. There is an immediate and present danger of further abuse from Oefendant. 15. Plaintiff is asking the Court to exclude Defendant from the residence at 118 springfield Road, Newville, which is owned by plaintiff and Defendant, but from which Defendant voluntarily left on or about February 17, 1999. 16. Defendant owes a duty of support to Plaintiff. . . . '.. ," I . " WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD 00 THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking plaintiff in any place where Plaintiff may be found. B. Exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Award plaintiff temporary custody of the minor children and place the following restrictions or contact between Defendant and children: supervised visitation at times and places agreed upon by the parties. D. Order Oefendant to temporarily turn over weapons to the Sheriff of this County and prohibit Oefendant from transferring, acquiring or possessing any such weapons for the duration of the Order. E. Order Defendant to pay temporary support for Plaintiff and the minor children, including medical support and payment of the rent or mortgage on the residence. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. G. Order Oefendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. H. Order the following additional relief, not listed above: a. Oefendant is required to relinquish to the sheriff any firearm license the defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. VERIFICATION ., I verify that I am the Plaintiff 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.C.S. ~4904. relating to unsworn falsification to authorities. , I Dated: 'f}),wA It>; NY'; ( . ,-J/ II: ~,' -/k, r& .n ol ~ ~71. '-. /) I ',fA 1'7U Kathy M. . enderson .. "';'.-11 Kathy M. Henderson, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 97 - 2214 CIVIL TERM Darryl S. Henderson, Defendant :PROTECTION FROM ABUSE :ClJSTODY MOTION FOR CONTlNlIANCF. The plaintiff; by the through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-caplioned case on lhe grounds that: I. A Temporary Protection Order was issued by this Court on March 16, 1999, scheduling a hearing for March 25, 1999, al 9:30 a.m. 2. An Order for Continuance was issued by this Court on March 25, 1999, scheduling a hearing for April 5, 199, at II :45 a.m. 3. An Order for Continuance was issued by this Court on April 6, 1999, scheduling a hearing for April 19, 1999, at II :30 a.m. 4. The defendant has retained Gerald S. Robinson to represent him in the matter. 5. The parties by and through their counsel agree lhatthe hearing be rescheduled to afford them time to execute a consent agreement. 6. The plaintiff requests that a hearing be scheduled in this matter. 7. The plaintiff requests that the Temporary Protection Order remain in effect for one year or until modified or terminated by the court after notice or hearing. 8. A certified copy of the Order for Continuance will be delivered to the Pennsylvania State Police Department by the attorney lor the plaintiff. Kathy M. Henderson. Plaintiff :IN THE COURT OF COMMON PLEAS vs. :01" CUMBERLAND COUNTY. PENNSYLVANIA :NO. 97 - 2214 CIVIL TERM Darryl S. Henderson, Defendant :PROTECTION FROM ABUSE :CUSTODY ORDER FOR CONTINUANCE AND NOW. this ~ay of April. 1999. upon considcration of thc attached Motion for Continuancc. the matter scheduled for hcaring on AprilS. 1999, at ] I :45 a.m. by this Court's Ordcr of March 25. 1999. is hereby rcschcduled for hearing on ~ day of ~. 1999, at IDb ,. .m. in Courtroom No.2- . Thc Temporary Protection Order shall remain in cffect for onc ycar or until modificd or terminated by the court. The Cumberland County Sheriffs D'~partment shall attempt to make scrvice at the plaintiffs rcqucst and without pre-payment of fccs. but service may bc accomplished undcr any applicable rule of Civil Procedure. A certified copy of this Ordcr for Continuance will be provided to the Pensyl vania State Joan Carey Attorney for Plaintiff I Police Department by the plaintill's attorney. Timothy Engler Attorney for Dcfendant C-<>f'L..... n,..:"'.L ,//1../" 'i. .'~' 'I ~ Kathy M. lIenderson, Plainti IT :IN HIE COURT OF COMMON Pl.EAS I i i I i , I I. I ~: f i I ~ :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 97.2214 CIVIl. TERM Darryl S. lIenderson, Defendant :PROTEC'TION FROM ABlJSE :ClJSTODY MOTION FOR CONTINlJANCF. The plaintilT; by the through her allomey. Joan Carey of Legal Services. Ine.. moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection Ordcr was issued by this Court on March 16, 1999, sehcduling a hearing for March 25, 1999, al 9:30 a.m. 2. An Order for Continuancc was issucd by this Court on March 25, 199, scheduling a hearing for April 5, 199, at II :45 a.m. 3. The defendant has retaincd Timothy Englcr to rcprcsent him in the mailer. 4. The partics by and through thcir counscl agrec that the hcaring be rcscheduled to alTord thcm timc to cxecute a consent agreemcnt. 5. The plaintifl' requests that a hearing be schedulcd in this mailer. 6. The plaintilT requests thatlhe Temporary Protcction Ordcr remain in elTect until modi lied or tenninalcd by lhe court aner notice or hearing. 7. A certified copy of the Ordcr for Continuance will be delivercd to thc Pennsylvania State Police Department by the allomey for the plaintilT. WHEREFORE. the plaintilTrequcsts lhatthc Court grant this Motion and reschedule this f. ~ matter lor hearing. and that the Temporary ('rntectilln Order remain in elli:ct until further Order of Court. Respretfully submilled. . . /l..J C2k.lf.! v oan Carey. Allomey f Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle. PA 17013 (717) 243-9400 Kathy M. Henderson, Plaintiff :IN TIm COURT OF COMMON PLEAS i I I ! i I., I ~. vs. :OF CUMBERLAND COUNTY,PENNSYLVANIA :NO. 97 - 2214 CIVIL TERM Darryl S. Henderson, Defendant :PROTECTlON FROM ABUSE :CUSTODY MOTION FOR CONTINUANCE The plaintitT; by the through her allomey, Joan Carey of Legal Services, Inc., moves the I. A Temporary Protection Order was issued by this Court on March 16, 1999, Court for an Order rescheduling the hearing in lhe above-captioned case on the grounds lhat: scheduling a hearing for March 25, 1999, at 9:30 a.m. 2. The Cumberland County Sheriff's Department served the defendant with a certilied f I I I I I i i copy of the Temporary Protection Order and Petition for Protection Order on March 16, 1999. 3. The defendant has retained Timothy Engler to represent him in the mailer. 4. The parties agree or the parties by and through their counsel agree that the hearing be rescheduled to afford them time to execute a consent agreement. 5. The plaintiff requests that a hearing be scheduled in this mailer. 6. The plaintitTrequests that the Temporary Protection Order remain in effect until modi lied or terminated by the court after notice or hearing. 7. A certilied copy of the Order for Continuance will be delivered to the Pennsylvania State Police Department by the allomey for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this mallcr for hcaring, and thatthc Tcmporary Protcction Ordcr rcmain in effcct until furthcr Ordcr of Court. Respectfully submilled, LEGAL SERVICES,INC. H Irvine Row Carlisle. PA 17013 (717) 243-9400 SHERIFF'S RETURN - REGULAR CASE NO: 1997-02214 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENDERSON KATHY M VS. HENDERSON DARRYL S KATHY CLARKE , Sheriff or Oeputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE ANO was served upon HENDERSON DARRYL S the defendant, at 18:00 HOURS, on the 16th day of March 1999 at COL. DENNING STATE PARK DOUBLIN GAP NEWVILLE, PA 17241 County, Pennsylvania, by handing a true and attested copy of the together with CUSTODY, TEMPORARY NOTICE OF HEARING AND ORDER ,CUMBERLAND to DARRYL S. HENDERSON PROTECTION FROM ABUSE AND PROTECTION FROM ABUSE, and at the same time directing His attention to the contents thereof. Additional Comments: 1 WEAPON CONFISCATED AT MOTHERS RESIDENCE. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: a~~~;<& K. as , 18.00 8.68 .00 8.00 :;J.ili.bts 03/17/1999 by (~,~ Sworn and subscribed to before me this / l day of ~lt.~h 19 99 A.DJ ~J () ~~roc~ 4f- 6. This Order shall remain in effect for a period of one year or until modified or terminated by the Court. The Order 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. 7. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.e.s. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 66114, 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. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 8. The Pennsylvania State and Newville police Departments shall be provided with certified copies of this Order by the plaintiff's attorney 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 a 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 2 t ~ I ~ order. When that court is unavailable, the defendant shall be taken before the appropriate district jus 'Ci (23 !J . I / By C .1" JUdgel ) Pa.C.S. g 6113) . Joan Carey Attorney for Plaintiff Darryl S. Henderson Pro Se ~ 's 3 This Agreement is CONSENT AGREEMENT ~~ entered on this d'7 day of April, 1997, by the piaintlff, Kathy M. Henderson, and the defendant, Darryl S. Henderson. The plaintiff Is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant Is unrepresented, and hereby waives his right to an attorney and a hearing. The parties agree that the following may be entered as an Order of Court. I. The defendant, Darryl S. Henderson, agrees to refrain from abusing the plaintiff, Kathy M. Hender~on, and from placing her in fear of abuse. 2. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's relatives and the minor children. J. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 4. The defendant agrees to relinquish to the sheriff's department the fol.awing weapons which he used or threatened to use against the plaintiff. 5. The defendant, although entering into this Agreement, does not IIdmit thll ullegutlllllS Illude in thll Petition. , I l i I i I I I l I r 6. Thll defendant understunds t hilt the Protect ion order entered In this mutter will he ill effect for a period of one year and clln be extended heyond It origlnul expirutlon dllte If the Court finds thllt the dllfendunt has committed another act of abuse or has engllged In u pattern or practice that Indicates continued risk of harm to the plaintiff. 7. Violation of the Protection Order mllY subject the defendant to: I) arrest under 23 Pa.C.S. 06113; II) a private criminal complaint under 23 Pa.C.S. 06113.1; Iii) a charge of Indirect criminal cOlltempt under 23 Pa.C.S. g6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and Iv) civil contempt under 23 Pu.C.S. g6114.1. WIIEREFORE, the pllrtles request thllt a Protect ion Order be entered to reflect the above terms. ~~~ lIenderson. Plaintiff ~,vx) ~<r/; oan Carey Attorney for PIa tiff LEGAL SERVICES, INC. a Irvine Row Carl isle, "A 17013 (717) 243-9400 2 I"- ~~ ~~ ~ 1 j -- <.n i', u-. " - . 11( .' -) ( (." , ,. ! l ,. I .-. I .' ~ '" - , I \.L , .~ " "o.. , I- . U <...'~. '. J Kathy M. Henderson. Plaint I rr I N THE COllll'(' 01' COMMoN 1'1.1!AS of v. !'lIMIIEIlI.AN/I COUNTY, PENNSVI.VANIA NO. '17- ;1::) IY ('IVI J. TERM PllO'/'E('TIIlN HHlM AIIlISE !i ". Darryl S. Henderson, Defendllnt .eIIT.I..l'l9tLl'C)R .J'ROTIWT I oN OIWHR RI!I. "HI llNUI!R TIll! I'ROT"!'T I ON JIRON AIIUSI! ACT, 2:1 1'11.1'.11. 9 'dOl ut HUll. A. ,.MIl/IlI'; I. The plllinllfr, KlIlhy M. ""flllur~lIl1, III 1111 lIdult IndlvldulIl rusldlng III 1111 IIl'rlnll"lulll !lolld, Newville, Cumberland County, PCllnllylvlIlIl1I 17241. 2. The <Iefl'llllllnl, Dllnyl S. IIcflllcrlloll, (SIIN: 20'1-62-43:14) IDate of IIlrth: :l/11J/lill), I.. 1111 IIllulL Indlvl,lulIl rusldtng at 118 Springfield Rnlld. Nl'wvlllu, c'ulllhcrlllllllc'lIunly, PUIHlllylvllnla 17241. 3. Thc derelllllHll III tlw pllllllllff'. hUl'lhllnd. 4. Since IIpprllKillllll'oIy l'I'lh, llll' dll"Clldllul hllll IIttempted to cause IInd hilS IlIlellllnnlllly, kllllwlnllly, or rccklclIsly caused bodily Injury lo the pllllnllff, hll. plllcud thu pllllnllff In rellsonllble rellr of 1IIIIIIInelll HUrlOUH hodlly Injllry. IInd hilS knowlnllly enlllll!e,l In II course 0" cllIlIlucl III' repulllcdly committed acts taWilI'd the pllIllIllI'r Inl'lllllln!! fnllowlnll tho pllllntlff, without prnpur IIulhorlzlltlon, under clrcurnslllnCOIl which have plllced lhe pllllntlff In l'l'IIMonllhle fellr nf hodlly Injury. This hilS Inclllllull, hul I~ nol Illlllte,l lo, the follnwlng spcclflc InslllnClllI Ill' IIhll'l': a. On or about Apri I 8, 1997, the defendant became angry and threatened to kill himself, and in furtherance of his threat, he went to the bedroom and got his gun causing the plaintiff to fear for her safety. The defendant shoved the plaintiff and yelled that he was going to "end it nil." The plnintiff called for help, but hung up the phone, fearing for her safety, ns the defendant came townrd her. When the defendnnt left the room, the plaintiff called her mother asking her to come und get the plaintiff and her two children becnuse she was afraid that the defendant would harm them. The def~ndant barged into his daughter's room, knocked the plaintiff back as she held the door shut exacerbating her fearing for herself and her children. As the plaintiff's mother picked the plaintiff and the chi Idren up at the house, the pol ice arrived, and the defendnnt voluntarily committed himself to the hospital where he received in-patient treatment for approximntely three dnys. b. In or about the fnll of 1996, the defendant threatened to kil I himself, grabbed his gun, and walked through the house carrying the weapon causing the plaintiff to fear for her safety and that of her children. 2 c. In 1'1'14, tlli~ l~nUI'1 unlurull n Prntuctlnn From Abuse Orllur ngnln,.lI lhl' 1I000I'erlllnnl hn~ell on n Consent Agroolllunl. SllIce Ihu uxp' 1'/11 Ion of Ihe Prnluctlon Order, the lIefer\llnlll hn~ I'uncho.:ll hnlu!i In the wall, throwllohjuet!i, nllll "crcnllll,,11I1 Ihu plnlntlff several tlllll'lI n w"e~ l'nUIl ill~ h..r III I'enr fnr ho.:r snfety. 5. Thu plnlllt I rr h"lluVt"1 nllll Ihl!rufnre nvers that she Is In llIlmodllltl' IInll I'r"'HlIII ,)1I111l"r of IIIHllle from tho.: defendant and Ihat sho.: I~ III 11",,,101' 1'1'01111'11011 1'1'1111I such nhuse, Ii. TIIlJ I'llIlnllff 11<.,,11',,11 Ihllt Ihe lIefendunt be enjoined from hnrnsslllll nllll s'"Ik1I1~ II... plnlllllff, nnd from harassing the plalnliff'!i relllllve'" 01 Ih,' /IIlnor children, 7. Thll pllllllllrr ,),,,,In.!i Ihllt Ihl! Ilefendant be enjoined frolll relllovillll, 1I11/11111!11I~, lie,,' royllll! or !ielling nny property owned jointly hy Ihu 1'/11'11,'" or oWllu.1 solely by the plulntlfr. H. TIH' I'lnlllll""lll.slre~ Ihnl IInyweal'ons the defendant own!i, pOIlSI'SSl!S, 111111 hnM UtH,,1 or thrl!nteno.:d to use against the plnlllllff IIll ...",rlsenll,,1 hy Ihl! Hheriff's Oepurlment. II. To Ihl! t",,;I or thll pin lilt Iff's knowledge, the defendunt IIllrel'll 10 I II" ,,"lry or II I'rllleel ion order based on a Consent Allrull/llunl NllllIl'll hy Ihe I'lIrllllH IIvoiding the need for 11 hearing WIII':IlEFlll<F, I'U 1'1'1111111 l In lhl' provisions of the "Protection 1'1'0/11 Ahll,HIl Acl" Ill' oclobcl' 7, 1976,2:1 pR.C.S. g 6101 tl ~., as lI/11l'llIlcll. the I'llIilll iff pl'lIYS this Ilonorable Court to grant the I' 01 Illw 11111 n>l Il' I' : ~ :I Grant a Protection Order to be in effect for a period one year including the following terms to which the parties agree: I. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse. 2. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children. J. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 4. Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or hus used or threatened to use against the plaintiff, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the order. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order, and that certified copies of this Petition and Order be delivered to the Pennsylvania State and Newville Police Departments which have jurisdiction to enforce 4 this Order. The plaintiff prays for such other relief as may be just and prope r. Respectfully submitted. for Plaintiff LEGAL SERVICES. INC, 8 Irvine Row Carlisle. PA 17013 (717) 243-9400 5 r .. '" '" T '. GI t-: 11: I II. I.. f I. .. (\ , ,- I I " I. . L.... I "-- I' r~ (,; c-... ~ ~ , ..... ~ -.si .d ~ ! .J.~ , ) ~ ~ ~ .,.. KATHY M. HENDERSON, PLAINTIFF V. DARRYLS.HENDERSON, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 97-2214 CIVIL TERM ORDER OF COURT AND NOW, this ~day of July, 2000, the within PFA order having Gerald 5. Robinson, Esquire For Defendant Copi.r.o ~oM1 7-/Q-oo ~~ expired. the Sheriff is authorized to return to Darryl 5. Henderson the rifle retained as a result of these proceedings. Edgar B. Bayley, J. Joan Carey, Esquire For Plaintiff Sheriff Darryl 5. Henderson RR2 Box 38 Loysville, PA 17047 :saa '''.. "" '" Iq97-~~H Ci\J;\ (Ourt ORder--# 97 - 2,(. \ s - I ~ - q q If ]).uvu I ~ -&ff I i 0(~ , ...J;AW ~ ~jL I; ~ ;OrA ~~, i' '~02~ r .~~~~ r ~ ~ ~ I /J1~ '7sc~~ ~O/30 , su,a.\!l # /'10 df!7ll'/) . f ~:IJzwnk ~ ~~, :sd' ~~ IIddress; f?R;L Box 3 g' J-oysville fA-. 170<{'7 ] n,Of'>C. <#= l~/?J 7 ?q- f{lDl(-J.....