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HomeMy WebLinkAbout97-02280 ~ -... \)-.... " < ." ':) I [ - - ':) - ~! ~ I \ \ " ~ . \ \ i i I /' ~ lORETTA TARA NEGLEY. Plaintin' : IN mE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO,97- g'd. '80 CIVil TERM DONALD DWANE NEGLEY, Defendant PROTECTION FROM ABUSE T ORARY PROTECTION ORDER AND NOW. this ~ay, 1997, upon presentation and consideration of the within Petition, and upon fin~ the plaintiff, lorella Tara Negley. now residing at 801 Rosemont Avenue. New Cumberland. Cumberland County. Pennsylvania. is in immediate and present danger of abuse from the defendant, Donald Dwane Negley, the following Temporary Order is entered. The defendant, Donald Dwane Negley. (SSN: 209-48-8778)(DOB: 10/14/62), now residing at 122 Meals Drive. Carlisle. Cumberland County. Pennsylvania, is hereby enjoined from physically abusing the plaintiff, lorella Tara Negley, or from placing her in fear of abuse. The defendant is excluded from the marital residence located at 80 I Rosemont Avenue. New Cumberland, Cumberland County. Pennsylvania. a residence which is jointly owned by the parties, and is ordered to stay away from any residence the plaintiff may in the future establish for herself. During transfer of custody of the parties' children the defendant shall remain in his vehicle at the curb on the street in front of the plaintiffs residence. The defendant moved out of the marital residence several months ago and has been residing with his girlfriend at 122 Meals Drive in Carlisle, The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including. but not limited to, telephone and wrillen communications, except for the limited purpose of facilitating custody arrangements. The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives. or the parties' minor children, The defendallt is enjoined from entering the plaintil1's place of employment. The defendant is enjoined from removing. damaging, destroying or selling any property owned jointly by the parties or owned by the plaintil1~ A violation of this Order may subject the defendant to: i) IIrrest under 23 Pa.C.S. ~6113; ii) II private criminal complaint nnder 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, pnnishable by imprisonment np to six months and a line of$100.00-$I,OOO.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. This Order shall remain in ellect until modified or ternlinated 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 ofhann to the plaintiff. <./ A HEARING SHALL BE HELD ON TillS MA ITER ON MAY ~ , 1997, AT /; 3J fM., IN COURTROOM NO..l-, 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 Sherill's Department shall attempt to make service at the plaint ill'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 ollice 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 New Cumberland Police Department shall be provided with a certified copy of this Order by the plaint ill's attorney, This Order shall be enforced by any law enforcement agency where a violation occurs by alTest for indirect criminal contempt without walTant upon probable cause that this Order has been violated. whether or not the violation is committed in the presence of the police ollicer, In the event that an alTest is made. under this section, the defendant shall be LORElTA TARA NEGLEY. Plaintin' IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO, 97- dd.'8'O CIVIL TERM DONALD DWANE NEGLEY, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER TilE PROTECTION FROM ABUSE ACT. 23 Pa.C.S. ~6101 et seq. A. ABlISE I. The plaintiff, Loretta Tara Negley, is an adult individual residing at 80 I Rosemont Avenue. New Cumberland. Cumberland County. Pennsylvania 17070, 2. The defendant. Donald Dwane Negley, (SSN: 209-48-8778)(DOB: 10/14/62). is an adult individual residing at 122 Meals Drive. Carlisle. Cumberland County. Pennsylvania 17013. 3. The defendant is the husband of the plaintiff and the father of the parties's two minor children. 4, Since approximately November IS. 1996. the defendant has attempted 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, has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed her in reasonable fear of bodily injury. This has included. but is not limited to. the following specific instances of abuse: a) On or about April 13, 1997, the defendant drove away from the plaintiff's home aller dropping on'the parties' minor children, turned his truck around, sped up as he neared the plaintin's home, drove over the curb, and across her lawn toward her as she stood on her porch, The defendant turned and swerved the truck away from the porch when he was approximately 15 feet from the plaintiff and drove away. Fearing for her safety. the plaintilf ran into the house, The New Cumberland Police were called and responded, The defendant was issued a citation for summary harassment and lined $350.00, The parties' IO-year-old son. Joshua. told the plaintiff that earlier the same day when he and his S-year-old brother. Jeremy, were with their liuher. he had grabbed Jeremy by his jacket, dragged him to the door. and shoved him inside with such force that the child slid across the noor and struck the cabinet. b) On or about March 20. 1997. when the plaintiff allowed the defendant to step inside the house as he returned their children from a visit, he immediately began walking from room to room through the house. and refused to leave after the plaintiff's repeated requests that he do so, When the plaintiff allempted to close the door. the defendant slammed the door pushing her aside, The defendant left the home. but slammed the storm door with such force that the glass insert new out of the door causing the plaintiff to fear for her safety. c) On or about November 15. 1996. District Justice Clement issued an emergency order (see Exhibit A, allached hereto and incorporated by reference) on behalf of the plaintiff ordering the defendant not to return to the marital residence at 801 Rosemont Avenue in New Cumberland. that he not remove anything from the residence. and that he have no contact with the plaintiff or the parties' children until the Court ofComl11on Pleas issued a further Order. A subsequent Petition for Special Relief and Temporary Injunction was filed (No, 96-6296 Civil - In Divorce) and an Order of Court entered on November 18, 1996. by Judge Honer, restraining the delendant from entering the marital home for the purpose of removing property. See Exhibit fl. attached hereto and incorporated by reference. 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 custody arrangements. 7, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff. and from harassing her relatives. or the minor children. 8. The plaintiff desires that the defendant be restrained from entering her place of employment, 9. 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 10, The home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of Loretta Tara Negley and Donald Dwane Negley. The parties are in the process of divorcing. and since approximately four months ago. the defendant has been residing with his girlfriend, Cathy Orris, at 122 Meals Drive. Carlisle, The plaintiff and the parties' two minor children have continued to reside in the marital home, II. The plaintifl' currently has no place to stay with her children except the marital home. 12, The plaintiff desires possession of the home so as to give the greatest degree of continuity to the lives of the children and to allow them to continue their education at their schools and to continue their school and social activities. c. R.:IMDllRSUIENT Jo'OR COST OF CASE 13. The plaintil1' desires that the defendant be ordered 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. WHEREFORE. pursuant to the provisions of the "Protection from Abuse Act" of October 7,1976.23 P.S, *6101 et ~'. as amended, the plaintifi'prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintilT or from placing her in fear of abuse. 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintil1' including, but not limited to. telephone and wrillen communications. except for the limited purpose of facilitating custody arrangements, 3, Ordering the defendant to refrain from harassing and stalking the plaintilT and from harassing her relatives and the minor children, 4. Prohibiting the defendant from entering the plaintiffs place of employment. 5, Prohibiting the defendant from removing. damaging. destroying or selling property jointly owned by the parties or owned by the plaintilT. 6. Granting possession of the marital home located at 80 I Rosemont Avenue. New Cumberland. Cumberland County, Pennsylvania, to the plaintilT to the exclusion of the defendant. and ordering the defendant to stay away Irom any residence the plaintilT may establish for herself pending a linal order in this mailer. During transfer of custody of the parties' children the defendant will remain in his vehicle at the curb on the street in front of the plaintill's home. n, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act." and. after such hearing. enter an order to be in ellcct for a period of one year: I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including. but not limited to. telephone and wrillen communications. except for the limited purpose of facilitating custody arrangements, 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. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Granting possession of the marital home located at 801 Rosemont Avenue. New Cumberland. Cumberland County. Pennsylvania. to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a linal order in this maller, During transfer of custody of the parties' children the defendant will remain in his vehicle at the curb on the street in front of the plaintitT's home, f\\dlv\nI91Iy.ard\11." ~ LORETTA T. NEGLEY, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. NO. qr.. - (.,.).9 J. . . DONALD D. NEGLEY, CIVIL ACTION LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this ./.i.1t- day of )1 HV11A. ~ 1996, upon presenta- tion of the within petition and after consideration thereof, it is ordered and directed that: A. The defendant, Donald D. Negley, is restrained from entering the marital home for the purpose of removing any marital or personal property without the express permission of the petitioner, Loretta T. Negley. B. The defendant, Donald D. Negley, shall return any and all marital property taken from the marital home. C. The defendant, Donald D. Negley, shall return any and all personal or real property belonging to his children. D. The defendant, Donald D. Negley, shall replace and repair any and all damages incurred to the marital residence as a result of said break-ins. A certified copy of this petition and attached order shall be served upon defendant or defendant's counsel of record. BY THE ^- J. I fl\dly\n_gl.y.p.t\11-" v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. LORETTA T. NEGLEY Plaintiff DONALD D. NEGLEY, Defendant CIVIL ACTION LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AND TEMPORARY INJUNCTION And now this :~ay of November, 1996, comes the Petitioner/- Plaintiff, by and through her attorney, Elizabeth B. Stone, and files the following petition for special relief averring as follows: 1. The Petitioner/Plaintiff in this action is LORETTA T. NEGLEY, 11t individual, who currently resides at 801 Rosemont Avenue, New Cumoer1and, Cumberland County, Pennsylvania, 17070. 2. The Defendant in this action is DONALD D. NEGLEY, an adult individual, who currently resides at 608 Fishing Creek Road, New Cumberland, Pennsylvania, 17070. 3. The Petitioner is currently involved in a divorce action with the defendant. 4. A support conference was held before Domestic Relations Officer, R.J. Shadday on November 1, 1996. 5. pursuant to the support conference and subsequent order, the Defendant was ordered to pay support in an amount that exceeds the guidelines because of the extraordinarily high mortgage payment shared -1- by the parties. The support amount equals the monthly mortgage payment. It was agreed by all parties that the wife and the two small children are to remain in the home indefinitely while receiving the payments. 6. Since the parties separated on October 1, 1996, the Defendant has broken several windows and door locks in order to gain entry into the home, the purpose of which was to remove certain marital property. 7. On October 23, 1996, the Defendant broke a basement window, the window latch and removed a portable television from the bedroom of son, Joshua M. Negley, along with Joshua's collector tractor trailers (20-30), Joshua's CDs, Joshua's football cards, a comforter, several gift items intended for this Christmas and other various items that have not been identified. B. On November 14, 1996, the Defendant arrived at the marital home, with three large men and a Rider truck, broke into the garage, completely removed all of the items in the garage, including but not limited to the following: lawn mower, leaf blower, weed wacker, car ramps, car jacks, Makita drill, Makita zaw saw, Sears Craftsman table saw, garden hoses, fertilizer spreader, Kodak Instamatic camera, two sets of golf clubs, extended ladder, yearbooks, $5,000.00 worth of Sears Craftsman tools, wrenches, hydraulic jack, all parts belonging to the collector "Roadrunner" car, shovels, rakes, picks, various garden tools, power tools, electrical saws, grinders, drills, hammers, pliers, screwdrivers, nails, screws, three coolers, two bags of winter snowmelt salt, salt spreader, crabbing nets and cages, bedroom lamps, -2- Electrolux vacuum cleaner, sleeping bags, vinyl flooring for front door and back door, clothing dresser and many other items too numerous to list. 9. Also, on November 14, 1996, the Defendant broke into the marital home, which intended break-in was known in advance by his counsel who failed to warn undersigned counsel, removed a bed, comforter, sheets, pillows, bed frame, entire box of family pictures, some dishes and other items in the kitchen. 10. Defendant is dissipating the marital assets for his personal benefit and gain. 11. Plaintiff cannot maintain or replace these items that are necessary to the maintenance of the marital home. 12. The two small children are being detrimentally affected by the dissipation of the marital assets in that every day that they come home from school, their father has once again broken into the home and removed more of their favorite possessions and belongings. 13. The adverse affect that the Defendant is having on the children can be seen through their increased anger, animosity, and senseless destruction of their toys. WHEREFORE, Petitioner prays your Honorable Court to issue an order requiring the Defendant: A. To be temporarily restrained from entering the marital home without the permission of the petitioner; B. Return any and all items of marital property taken from the home; -3- '\ 1 'vi ,"I ") .~ 'ill .~ >. .j' ." If (" .-.' .' 1 -:J ,,, V . l.:' I'. .~ I l.", " ,. " li- " " .- V- ,'. " \.," <. .~~, LORElTA TARA NEGLEY, Plainlill' : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 97-2280 CIVIL TERM DONALD DUANE NEGLEY, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, Lorella Tara Negley, by and through her allomey. Joan Carey of Legal Services. Inc,. moves the Court for an Order continuing generally the hearing in the above- captioned case on the grounds that: I. A Temporary Protection Order was issued by this Court on May I. 1997, scheduling a hearing for Monday. May 5, 1997. at 1:30 p,m. 2, The Cumberland County SheriIT's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on May I. 1997, at approximately 7:00 p,m., at his residence at 122 Meals Drive, Carlisle. Pennsylvania, 3. The defendant has retained Claudia L, DeArment of KORSAK & DeARMENT to represent him in the mailer. 4. The parties agree. by and through their respective counsel. that the hearing be continued generally pending further Order to facilitate mailing the Consent Agreement to the defendant's counsel and to the plaintifHor their signatures, 5. The plaintiff requests that the Temporary Protection Order remain in effect for a period of one year or until further Order of Court, 6. A certified copy of the Order for Continuance will be delivered to the New Cumberland Police Department by the allomey for the plaintiff. ~ C') >- ..:1 ':-:0: 1-" N c' ~'.--;~ ~'!" ft1:c :"'.: l.J '., C3~ <I.. '." --i , ' ::;:1:;". 63'\' If'> ":'('-' fit I . ;-' ::.~ ~:.: :- '.." '::- i...:JI,l; ~; :,: ,',.Iu... LL ,... ';5 0 0'1 U LORETTA TARA NEGLEY. PlaintilT : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 97-2280 CIVIL TERM DONALD DUANE NEGLEY, Defendant PROTECTION FROM ABUSE h PROTECTION ORDER AND NOW, thisf'2.. day of May, 1997, upon consideration of the Consent Agreement of the parties. the following Order is entered: I. The defendant, Donald Duane Negley, is enjoined from physically abusing the plaintilT. Loretta Tara Negley, or from placing her in fear of abuse. 2, The defendant is enjoined from having any direct or indirect contact with the plaintill' including, but not limited to, telephone and written communications, except for the limited purpose offacilitating custody arrangements, 3, The defendant is ordered to refrain trom harassing and stalking the plaintilT and from harassing her relatives and the minor children, 4, The defendant is prohibited from entering the plaintill's place of employment, 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintitl' or jointly owned by the parties, 6, The defendant is excluded from the plaint ill's residence located at 801 Rosemont Avenue, New Cumberland, Cumberland County, Pennsylvania, and is ordered to stay away from any residence the plaintilTmay in the future establish for herself. During transfer of custody of the parties' children the defendant shall remain in his vehicle at the curb on the street in front of the plaintill's residence. 7, Court costs and fees are waived, LORETTA TARA NEGLEY, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97-2280 CIVIL TERM DONALD DWANE NEGLEY. Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT ~1 y.... This Agreement is entered on this day of May, 1997, by the plaintiff, Loretta Tara Negley, and the defendant, Donald Dwane Negley, The plaintiff is represented by Joan Carey of LEGAL SERVICES. INC.; the defendant is represented by Claudia DeAnnent of KORSAK & DeARMENT. The parties agree that the following may be entered as an Order of Court, I. The defendant, Donald Dwane Negley, agrees to refrain from abusing the plaintiff, Loretta Tara Negley, or from placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintifl's relatives and the minor children, 4, The defendant agrees not to enter the plaintifl's place of employment. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties, 6, The defendant agrees to stay away from the plaintill's residence located at 801 Rosemont Avenue, New Cumberland, Cumberland County, Pennsylvania, and the defendant agrees to stay away from any residence the plaintifl'may in the future establish for herself. During ~ r-. ;- ~ ..:: I;: 5 ',';-<( ~.;. .~)~:,t -,- . l";' lEt, ~- :~ :.:~ 3~~ -..: . ',..I -o- W ~t"J I i:-;: ri,;., :- - ~'1 "'I ..r: ',.'jh. i:': :.: u~ r- ::; 0 C" <J