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Home My WebLink About97-03122 l o tI1 :! -' o ~ ~ . ...Q. I ) I f the Plaintiff may establish), except for the limited purpose of transferring custody of the parties' child. The Defendant is ordered to refrain from having any direct or indirect contact with the Plaintiff or the minor child including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. The Defendant is enjoined from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives, or the minor child. The Defendant is enjoined from entering the Plaintiff's place of employment and the day care facility of the minor child. A violation of this Order may subject the Defendant to: i) arrest under 23 Pa.C.S. 56113; ii) a private criminal complaint under 23 Pa.C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 56114, punishable by imprisonment up to six montbs and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 56114.1. 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. The Custody Order dated the 6th day of November, 1995, which was entered by Judge Bayley in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 95-05063 remains in full force and effect and any future visitations, pending further Order of Court, shall be supervised. ~ A hearing shall be held on this matter on the I B day of ~.ll'lI..c... , 1997, at \ '. ~O p.m., in Courtroom No. "2, Cumberland County Courthouse, Carlisle, Pennsylvania. The Plaintiff may proceed without pre-payment of fees pending further order of court. The Cumberland County Sheriff's Department shall attempt to make service at the Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the Defendant by mail. The Borough of Carlisle and Silver Spring Township Police Departments will be provided with certified copies of this Order by the Plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that CINDY L. BOONIE, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . v I 3/'J;:J. . NO.97- CIVIL TERM . DAVID T. JOHNSON, Defendant . PROTECTION FROM ABUSE . . AND CUSTODY . PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. 5 6101 et .eq. A. ABUSE 1 The Plaintiff, Cindy L. Boonie, is an adult individual residing at 17 Birch Street, Mechanicsburg, Cumberland County, Pennsylvania. 2 The Defendant, David T. Johnson, (Date of Birth: March 10, 1971), is an adult individual residing at 157 Lincoln Street, Carlisle, Cumberland County, Pennsylvania. 3 The Defendant is the father of the Plaintiff's child - Alicia E. Boonie, date of birth May 22, 1995. 4 Since approximately the week of March 10, 1997, the Defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the Plaintiff and attempted to sexually assault the Plaintiff and has placed the Plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the Plaintiff and/or under circumstances which has placed the Plaintiff and/or the child in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: A. On or about the week of March 10, 1997, the Defendant visited the Plaintiff at her residence in Mechanicsburg. While at the Plaintiff's residence, the Defendant did attack the Plaintiff while in the Plaintiff's bedroom and tried to forcibly remove her clothing and in the course of doing so struck the Plaintiff in the nose with his elbow. This was while the minor child was in the same room. The Plaintiff did seek medical attention for the blow to the nose. B. On or about April 19, 1997, while at the Plaintiff's residence in Mechanicsburg, the Defendant did engage in a course of conduct which did cause bodily injury to the Plaintiff. The Plaintiff had asked the Defendant to leave her residence and while at the front door of the residence the Defendant did grab hold of the Plaintiff and forcibly pulled her out the front door. The Plaintiff did slap the Defendant in the face so as to cause him to release her and in doing so, the Defendant did strike the Plaintiff repeatedly on or about the face and on her side. This did cause the Plaintiff to fall down into a flower bed in front of her residence. When the Plaintiff fell down, she did receive additional bruises to the back side of her legs. The Silver Spring Township were called to the scene as well as the Silver Spring Township Ambulance which did treat the Plaintiff at the scene. S The Plaintiff believes and therefore avers,that she and the minor child are in immediate and present danger of abuse from the Defendant should he return to her home 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 or the minor child 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 I s relatives, or the minor child. B The Plaintiff desires that the Defendant be restrained from entering her place of employment and day care facility of the minor child. B. CUSTODY 9 The Plaintiff has primary custody of the minor child, Alicia E. Boonie, date of birth May 22, 1995, by virtue of a Court Order entered at No. 95-05063. 10 The Defendant has visitation arrangements by virtue of the Court Order~ however, the Plaintiff requests that any future visitations be supervised. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. S 6101 ~ ~., as amended, the Plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the Defendant to refrain from abusing the Plaintiff and/or the minor child and/or placing them in fear of abuse. 2. Ordering the Defendant to refrain from having any direct or indirect contact with the Plaintiff or the minor child 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 child. 4. Prohibiting the Defendant from entering the Plaintiff's place of employment or the day care facility of the minor child. 5. Ordering the Defendant to stay away from the Plaintiff's residence located at 17 Birch Street, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared, and any other residence the Plaintiff may establish, except for the limited purpose of transferring custody of the parties' child. 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: 1. Ordering the Defendant to refrain from abusing the Plaintiff and/or the minor child and/or placing them in fear of abuse. 2. Ordering the Defendant to refrain from having any direct or indirect contact with the Plaintiff or the minor child 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 child. 4. Prohibiting the Defendant from entering the Plaintiff's place of employment and/or the day care facility of the minor child. 5. Ordering the Defendant to stay away from the Plaintiff's residence located at 17 Birch Street, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared, (and any other residence the Plaintiff may establish), except for the limited purpose of transferring custody of the parties' child. 6. Confirming that the Custody Order entered on the 6th day of November, 1995, remains in full force and effect and that any future visitations with the minor child be supervised. The Plaintiff has qualified for Pro Bono representation through Legal Services and further asks that this Petition be filed and served without payment of fees and costs by the Plaintiff, pending a further Order at the hearing, and that a certified copy of this Petition and Order be delivered to the Borough of Carlisle Police Department and the Silver Spring Township Police Department, which have jurisdiction to enforce this Order. The Plaintiff prays for such other relief as may be just and proper. ~Dbmitt", Christopher C. Houston, Esquire Attorney for Plaintiff 52 West Pomfret Street Carlisle, PA 17011 717-241-5970 i!: a\ ?; c .", .- " ,_. " ::?~. <:) - .:") ~6 - . l-' .- ':J~ '1. -- , Po' X ...; ,-,~ ..... ~~;. ~ '~ ,'. N ....tI' " . ,~ I.' :.-. (r~ ". ~I (f ',~J ~~ I ~.llti .". r:: :.~ _.0).. -', ~ u. ,- ::J 0 ....... u 4 The Defendant is prohibited from entering the Plaintiff's place of employment and/or the day care facility of the minor child. 5 The Defendant is ordered to stay away from the Plaintiff's residence located at 17 Birch Street, Mechanicsburg, Cumberland County, Pennsylvania (and any other residence the Plaintiff may establish), except for the limited purpose of transferring custody during which times the Defendant shall remain in his vehicle. 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. ~6113; (ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; (iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6113.4, punishable by imprisonment up to six months and a fine of $100.00 to $1,000.00; and (iv) civil contempt under 23 Pa.C.S.~6114.1. Resumption of co-residence on the part of the CINDY L. BOONIE, Plaintiff IN THE COURT OF COMMON PLEAS OF cUMBERLTlND COUNTY, PENNSYLV1\NIA NO.97-3122 CIVIL TE~ v PROTECTION FROM ABUSE 1\ND CUSTODY DAVID T. JOHNSON, Defendant This Agreement is CONSENT ~EMENT - - IG~ ....... entered on this _ 0 day of -.) ""'"" -' 1991, bY th' ,"inti'f, cindy L. .ooni', ,nd th' p",nd,nt, p,vid T. Johnson. Tho ."intiff i' "p""n"d bY O.riminph,r C. Hon' ton , .,quir,' th' p",nd,nt i' unr,pr",nt,d but i. ,w,r' of his right to have an attorney. The parties agree that the following may be entered as an order of Court. Th' p,f,nd,nt, ,"vid T. 'ohn"n, ,gr'" to r,fr,in frum ,""ing th' 1 ."intiff, cindy L. .uoni' , ,ndlor tho minor child ,nd/or frum placing them in fear of abuse. Th' p,f,nd,nt ,gr'" not to h'" ,ny di"et or indir,et <lOnt",t with th' ",intiff or th' .inor child including, but not limit,d 2 to, t",phon, ,nd writt,n eomounie,tion, , ,.e,pt for th' l;oitod purpose of facilitating custodY arrangements. 3 The Defendant agrees not to harass and stalk the Plaintiff and not to harass the Plaintiff's relatives and the minor child. 4 not to enter the Plaintiff's place of day care facility of the minor child. S The defendant agrees to stay away from the Plaintiff's residence located at 17 Birch Street, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared, (and any other residence the Plaintiff may establish), except for the limited purpose of transferring custody. The Defendant shall remain in his vehicle at all times during the transfer of custody. 6 The Defendant agrees employment and/or the The Defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 7 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 Order will be 15; c> ">- !-:: i=: 8 .'- wR. :",),,- oE~ ,',J:.:-: .,- :...):.;. 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