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HomeMy WebLinkAbout97-03075 - :: ~ . '" c ( o ~ ~ c., ~ { F / r . I j I =' I I \;, I ! C' I <:) j I ~ , I , t-- ~ ~ PENNY SUE THOMAS, Plaintiff on behalf of her minor children, JENNIFER JUNE SMITH, and RICHARD WAYNE SMITH III, : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. DAVID ALLEN THOMAS, Defendant NO. 97- .l() '1-$ PROTECTION FROM ABUSE C[VIL TERM TEMPORARY PROTECTION ORDER AND NOW, this 10 ~ of June, ] 997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Penny Sue Thomas, on behalf of her two minor children, Jennifer June Smith and Richard Wayne Smith, III, now residing at 300 North Arch Street, Mechanicsburg, Cumberland County, Pennsylvania, are in immediate and present danger of abuse from the defendant, David Allen Thomas, the following Temporary Order is entered. The defendant, David Allen Thomas, (SSN: 208-42-298 [ )(DOB: [0/21/67) whose residence may be with his parents, Mr, and Mrs. William Thomas, 5416 Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiffs two minor children, Jennifer June Smith and Richard Wayne Smith, III, or from placing them in fear of abuse. The defendant is excluded from the plaintiffs residence located at 300 North Arch Street, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is jointly leased by the parties, and is ordered to stay away from any residence the plaintiff may in the future establish for herself, The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff or her two minor children including, but not limited to, telephone and written communications, The defendant is enjoined from harassing and stalking the plaintiffs two minor children, The defendant is enjoined from entering the schools of the minor children, The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. A violation of this Order may 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 contempt under 23 Pa.C.S. 06114, punishable by imprisonment up to sls. months and a line ofSIOO.OO-SI,OOO.OO; and iv) civil contempt under 23 Pa.C.S. 06114.1. 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 an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff's two minor children, A HEARING SHALL BE HELDONTHISMATIERON.g., ,,~ /~, 1997, AT / : 3 0 (~M., IN COURTROOM NO. 4-, OF .f.tE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sherift's Department shall attempt to make service at the plaintift'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 Mechanicsburg and Hampden Township Police Departments shall be provided with certified copies of this Order by the plaintift'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 PENNY SUE THOMAS, Plaintiff on behalf of her minor children, JENNIFER JUNE SMITH, and RICHARD WAYNE SMITH III, IN THE COURT OF COMMON PLEAS OF v. DAVID ALLEN THOMAS, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO,97- :-?0'1.$ CIVIL TERM PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you, FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of$25,OO will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff, 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 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH 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 contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. PENNY SUE THOMAS, Plaintiff on behalf of her minor children, JENNIFER JUNE SMITH, and RICHARD WAYNE SMITH III, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. DAVID ALLEN THOMAS, Defendant : NO,97- L'lO?~c; CIVIL TERM : PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 Pa.C.S. fi6101 et seq. A, ABUSE ] . The plaintiff, Penny Sue Thomas, is an adult individual residing at 300 North Arch Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, She brings this action on behalf of her two minor children, Jennifer June Smith, 12 years old (DOB: 6/13/84), and Richard Wayne Smith, III, 9 years old (DOB: 9/] 5/87), 2. The defendant, David Allen Thomas, (SSN: 208-42-2981)(DOB: 10/21/67), is an adult individual who may be residing with his parents, Mr, and Mrs. William Thomas, at 5416 Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, 3, The defendant is the husband of the plaintiff and the step-father of the minor children. 4. Since approximately February 1997, the defendant has sexually abused the minor children and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff's minor children under circumstances which have placed them in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a) On or about May 27, 1997, the plaintiff's 12-year-old daughter, Jennifer June Smith, told her that on or about May 22, ]997, the defendant stood naked and masturbated in the hallway, The defendant also left a note on Jennifer's word processor/computer saying, "I want to feel your tits. Come to my room at 9:30 tonight. Don't tell Mom," The incident was reported to Cumberland County Children & Youth Services and the Mechanicsburg Police Department, and investigations are pending with both agencies, b) Since approximately February, 1997, the defendant has masturbated in front of one or both children as many as four times a week, In addition, since approximately March 1997, the defendant has left notes for Jennifer on her word processor/computer describing his sexual desires for her, The defendant's behavior has caused the children to be traumatized, 5, The plaintiff believes and therefore avers that the minor children are in immediate and present danger of abuse from the defendant should they remain in the home without the defendant's exclusion and that they are in need of protection from such abuse. 6, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with her or her minor children including, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking her minor children, 8, The plaintiff desires that the defendant be restrained from entering the schools and day care facilities of her minor children, 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 at 300 North Arch Street, Mechanicsburg, Cumberland County, Pennsylvania, is rented in the names of Penny Sue Thomas and David Allen Thomas. II. The plaintiff currently has no place to stay with her children except the marital home, and the defendant has family and friends in the area with whom he can stay, 12, The plaintiff desires possession of the home so as to give the greatest degree of continuity to the lives of her children and to allow them to continue their education at their schools and to continue their school and social activities. C. SUPPORT 13, The defendant has a duty to support the plaintiff. 14. The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage, payment of unreimbursed medical expenses for herself, and the rent payment on the residence at 300 North Arch Street, Mechanicsburg, Cumberland County, Pennsylvania, IS. The defendant is employed at Lindeman's Movers (Mayflower), 2010 Greenwood Street, Harrisburg, Dauphin County, Pennsylvania, and has annual salary of approximately S19,686.00, 16. The plaintiffs income is insufficient to provide for her minimal needs until such time as a support order can be obtained by tiling at the Domestic Relations Office, 17, The plaintiff intends to petition for support within two weeks of the issuance of a protection order. D. REIMBURSEMENT FOR COST OF CASE 18. The plaintiff desires that the Court order the defendant to pay S2S0.00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assess a S25,OO 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, ~610) ~ ~., 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" ), Ordering the defendant to refrain from abusing the plaintiff's minor children or from placing them in fear of abuse. 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor children including, but not limited to, telephone and written communications, 3. Ordering the defendant to refrain from harassing and stalking the plaintiff's minor children, 4, Prohibiting the defendant from entering the schools and day care facilities of the plaintiff's minor children, 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 home located at 300 North Arch Street, Mechanicsburg, 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 final order in this maUer. B, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: I. Ordering the defendant to refrain from abusing the plaintiff's minor children or from placing them in fear of abuse, 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor children including, but not limited to, telephone and written communications, 3, Ordering the defendant to refrain from harassing and stalking the plaintiff's minor children, 4, Prohibiting the defendant from entering the schools and day care facilities of the plaintiff's minor children, 5, Prohibiting the defendant ITom removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Granting possession of the home located at 300 North Arch Street, Mechanicsburg, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away ITom any residence the plaintiff may establish for herself pending a final order in this matter, 7, Granting support to the plaintiff in the amount ofS50.00 per week payable to the plaintiff in the form of a check or money order, mailed to her residence; ordering the defendant to provide health coverage to the plaintiff, ordering the defendant to pay all of the unreimbursed medical expenses of the plaintiff to the provider or to the plaintiff when she has paid tor the medical treatment, and ordering the defendant to make or continue to make rent payments on the residence of the plaintiff at 300 North Arch Street, Mechanicsburg, Cumberland County, Pennsylvania, D \' Q <:- ....... \ll .::. ... <:'01 I'/) --. (,"; ('. -.3 t.;' ~ 1:1 ' . " ..,j C.'- j [, ,J 1 el' L:: . :'-J ~ " ' , ~ IT' : .' ~ r ~ " ,-. '-' " 7. The court costs and fees arc waived. 8. This Order shaD remain in effect for a period of one year or until further Order of Court, The Order can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has cngaged in a pattern or practice that indicates risk of hann to thc plaintiff's children. 9. A violation of this Order may subject the defendant to; i) arrest under 23 Pa.C,S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; ill) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six month.~ and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114,1. 10. The Mechanicsburg and Hampden Township Police Departments and any other appropriate police departments shall be provided with certified copies of this Order by the plaintiffs 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 Ule cvcnt Ulat an arrest is made under this section, the defendant shaD be taken without unnece8S8l)' delay before the court that issued the order. fi; ro E: r= - .>: wQ ;;-. ;:::: '. , ~ .. g-r., :c \.."J ~-,. &-~< c.. --, ~~ n:-:i (:, .' '- 1:::' ; ,';-'.' L:' ~ .:::.~ I" ~l.~: ...,.. .. ^ j ~ iJ j'::. """ .It:'.. ~f. U. \"'- ::;J (,) ," U