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HomeMy WebLinkAbout97-02658 --I ~ . .. ~ -J -c . - .... . 0... ~ -..3 ~ ~ " " ,. " ",'.;:.i -{.~ ",~ ; ~-;.:. .l,R.'_ ,.:;t , .]!; /~ :~ < \ ) 'i\ .:~'f#. )~ ,..,,, ""..;,,' ~,f :';',- .' , .Ii -:~r "" .C;~J:' ..~:J~ ," r'. v- i',:::: ..:: .- lur. {~I ~;: r~t; ,i_ ("" .' .J. tl, '. c..i' f:-i / '-'- I - " ..~.'ti -. I' .- c; "" .?? <," '.. 9. The marriage between the parties hereto is irretrievably broken. 10. Plaintiff requests the Court to enter a decree of divorce. COUNT II - CUSTODY 11. Plaintiff incorporates herein the prior paragraphs by reference. 12. Plaintiff seeks legal and physical custody of the parties' minor child, Raymon L. Deihl, date of birth 11/9/89, age 7, who currently resides with his mother, the Plaintiff, Linda K. Deihl, at 403 Mountain View Road, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 13. The child was not born out of wedlock. 14. The child is presently in the custody of his mother, the Plaintiff. 15. From birth, the child has resided with the following persons and at the following addresses: From April, 1997 to present - with his Mother, the Plaintiff, Linda K. Deihl, his sisters, Irene Deihl and Serena Marlo, his brother-in-law, Keith Marlo, and his niece, Rebecca Marlo. From 1992, to early April, 1997 - with his father, the Defendant, his mother, the Plaintiff, his sisters, Irene Deihl and Serena Marlo, his brother-in-law, Keith Marlo, and his niece, Rebecca Marlo. 16. The mother of the child is the Plaintiff, LINDA K. DEIHL. She is married to the Defendant, RAY L. DEIHL, and resides with the parties' minor son, RAYMON L. DEIHL, the parties' daughters, IRENE DEIHL and SERENA MARLO, the parties' son-in law, KEITH MARLO, and the parties' granddaughter, REBECCA MARLO. 17. The father of the child is the Defendant, RAY L. DEIHL. He is married to the Plaintiff, LINDA K. DEIHL, and resides with his brother, ROBERT DEIHL, his brother's girlfriend, TAMMY BAUGHMAN, and her two children. 18. Plaintiff has participated as a party to litigation concerning the custody of the minor child, docketed at 97-2060, with regard to a Temporary Protection from Abuse and Child Custody Order entered on April 21, 1997, attached hereto and marked as Exhibit "A." In addition, a Protection Order was entered on May 2, 1997, attached hereto and marked as Exhibit "B," 19. Other than as stated above, Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 20. Plaintiff does not know of any other person or party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 21. The best interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is a loving parent able to care for the child and custody will afford the child the maximum stability in his home environment. 22. Each parent whose parental rights to the child hus not been terminated and the person who hus physical custody of the child hus been named us a party to this action. 23. There are no other persons who are known to have or claim a right to custody or visitation rights of the child. COUNT III . EQUITABLE DISTRmUTION 24. Plaintiff incorporates herein the prior paragraphs above by reference. 25. The parties are the owners of property subject to equitable distribution between them us marital property. 26. The Plaintiff requests the Court to equitably divide such items of marital property between them. COUNT IV. ALIMONY and ALIMONY PENDENTE LITE 27. Plaintiff incorporates herein the prior paragraphs above by reference. 28. During the course of her marriage, the Plaintiff hus been financially dependent upon the Defendant. 29. Plaintiff is in need of alimony pendente lite to maintain herself during the course of this action and of permanent alimony thereafter if she is to maintain her lifestyle. 30. Defendant is financially able to support his wife. , (~b mino~ children. The defendant is enjoined f~om entering the plaintiff's place of employment where she is working or the school of the minor child. 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 Fa.C.S. g6113j ii) a private criminal complaint under 23 Fa.C.S. g6113.1j iii) a charge of indirect criminal contempt under 23 Fa.C.S. g6114. punishable by imprisonment up to six months and a fine of $lOO.OO-$l,OOO.OOj and iv) civil contempt under 23 Pa.C.S. g6114.1. 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 Raymond Lee Deihl is hereby awarded to the plaintiff, Linda K. Deihl. The defendant is ordered to relinquish to the sheriff's department any weapons which he owns, possesses, has used or threatened to use against the plaintiff, and the defendant is prohibited from acquiring or possessing any other weapons for the ( ( l. . ( daughter's home for fear of her safety. The defendant got his shotgun and went about the neighborhood looking for the plaintiff. The defendant then pursued the plaintiff to her daughter's house by tracking her foot prints in the snow. Unable to find the plaintiff, the defendant returned to his house and told their daughter, Serena, that if her mother stepped foot onto the porch, that he was going to shoot her. The defendant then sat on the couch in front of his daughter. placed the gun barrel in his mouth saying, "Watch this, I'm going to kill myself." The defendant's brother arrived at the residence and was able to retrieve the gun from the defendant. d. In or about October 1996, when the defendant shot a cat belonging to the family, the plaintiff felt threatened because he had previously threatened to shoot her, the dog, and the cat. e. On several different occasions since 1993, the defendant has shoved the plaintiff, restrained, choked, and slapped her. The defendant has threatened to shoot the plaintiff with guns which are sometimes loaded causing the plaintiff to fear for her safety. 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 3 .l ( ( ( 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 the plaintiff's relatives, or the minor children. 8. The plaintiff desires that the defendant be restrained from entering her place of employment while she is working or the school of the minor child. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. 10. The plaintiff desires that any weapons the defendant owns, possesses, and has used or threatened to use against the plaintiff be confiscated by the Sheriff's Department, and that he be enjoined from acquiring or possessing any other weapons for the duration of the Order. B. EXCLUSIVE POSSESSION 11. The mobile home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of the plaintiff and the defendant. 12. The plaintiff currently has no place to stay with her 4 ( ( C children except the marital home, and the defendant has a sister in the area with whom he can stay. 13. The plaintiff desires possession of the mobile 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. SUPFORT 14. The defendant has a duty to support the plaintiff and the minor children. 15. The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage, and payment of unreimbursed medical expenses for the plaintiff and the children. 16. The defendant is employed at Wopler Long Acre, and has a gross monthly salary of approximately $ 1345.00. 17. The plaintiff's income is insufficient to provide for her minimal needs and those of the children until such time as a support order can be obtained by filing at the Domestic Relations Office. 18. The plaintiff intends to petition for sup~ort within two weeks of the issuance of a protective order. D. REIMBURSEMENT FOR COST OF CASE 19. The plaintiff ?~ks that the defendant be ordered to pay $250.00 to reimbur~e one of Legal Services, Inc.'s funding sourc~~ for the cost of litigating this case. 5 .( ( ( ( Serena Marlo Keith Marlo Rebecca Marlo daughter son-in-law granddaughter The defendant. the father of the child, currently resides at 403 Mountain View Road, Mt. Holly Springs. Cumberland County, Pennsylvania. He is married. The defendant currently resides with the following persons: Name Relationship Linda Deihl Raymond Deihl Irene Deihl Serena Marlo Keith Marlo Rebecca Marlo wife son daughter daughter son-in-law granddaughter 21. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 22. The plaintiff has no knowledge of any custody proceedings concerning these child pending before a court in this or any other jurisdiction. 23. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 24. 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 7 .f ( ( C. 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. c. The defendant's behavior has adversely affected the child. WHEREFORE, pursuant. to the provisions of the "Frotection from Abuse Act" of October 7, 1976, 23 Fa.C.S. g 6101 et ~., as amended, the plaintiff prays tbis Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Frotection 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 any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor 8 ( ( ( children. 4. Frohibiting the defendant from entering the plaintiff's place of employment while she is working or school of the minor child. 5. Frohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the mobile home located at 403 Mountain View Road, Mt. Holly Springs, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter. 7. Ordering the defendant to stay away from any other residence the plaintiff may establish. 8. Granting temporary custody of the minor child to the plaintiff. 9. Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or has 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. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter 9 . ( ~ ( t. . . Saturday, May 3, 1997, at approximately 1:00 p.m. 6. The defendant is excluded from the plaintiff's residence located at 403 Mountain View Road, Mt. Holly Springs, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 7. The defendant is ordered to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against the plaintiff. The defendant is prohibited from acquiring or possessing any other weapons for the duration of the Order. 8. The court costs and fees are waived. 9. 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. 10. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6l13; ii) a private criminal complaint under 23 Pa.C.S. g6ll3.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~61l4, 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. g6l14.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 11. The Pennsylvania State and Carlisle Police Department ( ( (- . . 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. The defendant shall remove his personal belongings, tools, and a 1985 Chevy Cavalier on Saturday, May 3, 1997, at approximately 1:00 p.m. 6. The defendant agrees to stay away from the plaintiff's residence located at 403 Mountain View Road, Mt. Holly Springs, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 7. The defendant agrees to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against the plaintiff and understands that he will be prohibited from acquiring or possessing any other weapons for the duration of the Order. 8. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one year and can be extended beyond it 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. The defendant understands that this O~der will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. -- 0' t~'"; j;,,::: ~i ~ ..."1'" u,r.:. , , .,. u~ -'~;f fE~ c.. ~(': r')::.J "-'.- C. .. if) i.... ..... - 1_'. . ~.? rE'~-,. :-- ,,",eD .;;;: ..:~ iJ.. j.:: :.t.: "- ~ r- ...) 0> U i5= 0\ I:: .- ~ i"-:-: -, i': ..... r-' ..., U1., ;'.--:1< O. to': ~ ,'t ". l~... . ~ -..:~.; 0", 1~ I' :-oJ . f~ ~:~. ,-, .) N '~J ::.: ;:.::~ . ',~_.,. :0- ~~~ IL' ....~ r " ~ (,J r- .:J 0". 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