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Kathie S. Trolinger,
Plaintiff
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO.97-~;2l);CIVIL TERM
Joel E. Trolinger,
De fendant
PROTECTION FRrM ADUSE
AND CUSTODY
TEMPORARY PROTECTION ORDER
AND NOW, this ,(~U dllY of June, 1997, upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, Kathie S. Trolinger, now residing at 349 Fourth
Avenue, Carlisle, Cumberland County, Pennsylvania, is in
immediate and present danger of abuse from the defendant, Joel E.
Trol inger, the following Temporary Order is entered.
The defendant, Joel S. Trol inger, (SSN: 161-52-9349 and date
of birth: 4/26/58) now residing at 1121 Rebecca Street, Carlisle,
Cumberland County, Pennsylvania, is hereby enjoined from
physically abusing the plaintiff, or placing her in fear of
abuse.
"';J~
T~_ defendant is ordered to stay away from the plaintiff's
residence located at 349 Fourth Avenue, Carlisle, Cumberland
County, Pennsylvania, a residence which is not owned or leased by
the defendant, and any other residence the plaintiff may
establ ish, except for the I imi ted purpose of transferring custody
of the parties' child. The defendant shall remain in his vehicle
at all times during the transfer of custody.
The defendant is ordered to refrain 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.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives, or the
minor children.
The defendant is enjoined from entering the plaintiff's
place of employment or the school and day care facility of the
minor children.
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 Pa.C.S. g6113i ii) a private criminal complaint
under 23 Pa.C.S. g6113.li iii) a charge of indirect criminal
contempt under 23 Pa.C.S. g6114, punishablc by imprisonment up to
six months and a fine of $100.00-$1,000.00; 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 Joel Dalton Trolinger is hereby awarded
to the plaintiff, Kathie S. Trolinger.
A hearing shall be held on this matter on the a5~ day of
June, 1997, at 3 '.~ () f .m., in Courtroom NO..l, Cumberland
County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
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 ma i I.
The Pennsylvania State Police, North Middleton, and Carlisle
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 this Order has been violated, whether or not the
violation is committed in the presence of the police officer. In
the event that an arrest is made under this section, the
defendant shall be taken without unnecessary delay before the
a. On or about Junc 15, 1997, thc defendant pointed
his finger in the plaintiff's face saying that he hated
her and wished she would die, and further threatened
her by saying that he was coming after her causing her
to fear for her safety.
b. On or about June 13, 1997, on several occasions,
the defendant called the plaintiff's residence
threatening to kill her and threatening to buy a gun
and shoot her causing her to fear for her safety.
c. On or about June 11, 1997, the defendant
threatened the plaintiff saying that she was lucky that
he had not beaten hcr up last night, and he pointed his
finger in the plaintiff's face saying that he was
coming after hcr and her son causing the plaintiff to
fear for the safety of her son and herself.
d. On several occasions during May and June 1997,
after the plaintiff repeatedly told the defendant that
she did not want any contact with him, the defendant
made several harassing and threatening phone calls to
the plaintiff's residence, and sought her out at
several places such as the pool, her employment, and
her residence causing her to fear for her safety.
e. From approximately the sccond wcek in March until
approximatcly thc first wcek in May, sevcral timcs a
weck and cscalating to a daily basis, thc defcndant
2
thrcatcncd to knock the plaintiff's "lights" out and
kill hcr. On one occasion, the defendant ripped the
tclephone out of thc wall and threatcned the plaintiff
saying he was going to kill hcr and his son causing the
plaintiff to fcar for her safcty and that of her son.
f. On or about January 30, 1997, the defcndant became
angry and forcefully slapped a package of meat out of
thc plaintiff's hands. The defendant then grabbed the
plaintiff's face bctwccn his hands ordering her to tell
him that she lovcd him. When the parties' four year
old child entered thc room, the defendant rcleased the
plaintiff but continued to scream and swear at her as
she held the child causing her to fear for her safety
and that of the child. As a result, the plaintiff took
her childrcn and lcft thc home.
g. On or about December, 1996, the defendant got in
the plaintiff's face, shout cd at hcr, and rcpeatcdly
pokcd his finger into hcr chest. Hc then forcefully
pushed thc plaintiff with his chcst causing hcr to fear
for her safety.
h. On or about Octobcr, 1996. thc defendant shoved
thc plaintiff into thc rcfrigcrator. pushed his chcst
into her and forcefully poked hcr in thc chest several
timcs. Thc dcfendant thrcatcncd to knock thc plaintiff
out. Whcn the plaintiff pickcd up the phone to call
3
the police, the defendant ripped it from the wall and
threw it on the floor. The plaintiff fled to the
bedroom with her children and called the police.
i. since approximately 1992, the defendant has on a
regular basis abused the plaintiff in ways including,
but not limited to, the following: punched holes in
the walls, ripped the phone from the wall, raised a
fist at the plaintiff, pushed, shoved, and grabbed the
plaintiff, and shoved her with his chest.
5. On or about the first week in May 1997, the plaintiff
left her residence at 1121 Rebecca Street, Carlisle, Cumberland
County, Pennsylvania, in order to avoid further 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 or the school and day care
facility of the minor children.
9. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
4
jointly by thc partics or owncd solcly by the plaintiff.
D. EXCLUSIVE POSSESSION
10. The homc which the plaintiff is asking the Court to
order the defendant to stay away from is not owned or rented in
the defcndant's name.
11. The defcndant has his own rcsidence located at 1121
Rebecca Street, Carlisle, Pennsylvania.
C. REIMBURSEMENT FOR COST OF CASE
12. The plaintiff asks that thc defendant be ordered to pay
$250.00 to reimburse one of Legal Services, Inc.'s funding
sources for the cost of litigating this case.
D. TEMPORARY CUSTODY
13. The plaintiff seeks temporary custody of the following
child:
Name
Joel Dalton
Trolinger
Prescnt Residence
349 Fourth Avenue
Carlisle, PA
ARe
4 yrs. old
DOB: 8/10/92
The child was not born out of wedlock.
The child is presently in the custody of the plaintiff,
Kathie S. Trolinger, who resides at 349 Fourth Avenue, Carlisle,
PA.
During the past five years, thL child has resided with the
following pcrsons and at the following addresses:
~
Plaint iff,
defendant, and
AI icia Green
(plaintiff's daughter)
Addresses
1121 Rebecca Street
Carl islc, PA
Dates
8/10/92 to
1/30/97
5
to this action who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
17. The best interests and permancnt welfare of the minor
child will bc mct if custody is temporarily grantcd to thc
plaintiff pending a hcaring in this mattcr for rcasons inclUding:
a. Thc plaintiff is a rcsponsible parcnt who can best
take care of the minor child.
b. The defendant has shown by his abuse of the
plaintiff that he is not an appropriate role model for
the minor child.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.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 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
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harassing and stalking the plaintiff and from
harassing the plaintiff's relatives and the minor
children.
4. Prohibiting the defendant from entering the
plaintiff's place of employment or the schools and
day care facility of the minor children.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence located at 349 Fourth
Avenue, Carlisle, Cumberland County, Pennsylvania,
and any other residence the plaintiff may
establish, except for the limited purpose of
transferring custody of the parties' child. The
defendant shall remain in his vehicle at all times
during the transfer of custody.
7. Granting temporary custody of the minor child
to the plaintiff.
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 or placing her in fear of
8
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
children.
4. Prohibiting the defendant from entering the
plaintiff's place of employment or the schools and
day care facility of the minor children.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence located at 349 Fourth
Avenue, Carlisle, 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. The defendant shall remain in his
vehicle at all times during the transfer of
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SH~RIfF'S RETURN - REGULAR
CASH NU: 1~9~-03269 p
CiJMMIJNW~;A!.TH IW I'~:NNSYLVAN I A:
CiJlJNTY UF CUMIl~:RLAND
THiJ!. rNG~:H KATIl [E S
VS.
TRill. [NIWH JOEl. E
KENNI';TIl ~;. GU:;s~;H'r , ShC'rift or lJC'puty Sheriff of
ClIMIIEI11.ANfl County. Pennsylvania, who being duly sworn according
to Jaw, says, the within I'RQTECTIUN FROM AIlUSE
upon THIJ!.INI3ER JU~;I. ~;
defendant, at 131Vl:00 HOURS, on the 2Vlth day of June
was served
the
t':l'l'/. at
1121 REIlECCA STREET
CAHI.ISI.~:, PA 1~013 _, CIJMBERLAND
County, Pennsylvania, by handing to Jm;L E. THULINliER
a true and attested copy of the PHUTHCTION FHUM ABUSE
together with TEMPURARY PROTECTrON ORDER NOTICH AND
PET [T ION
and at the same time> dirC'cting Ilia attent10n to the contents thereof.
ShQriff's Costs:
Docketing
S~rvi.Ge
Affidavit
~;urcharge
II:l.00
:3.10
.00
2.00
So answe>rs: ".r')/~.
r~"""< ~
H. lhomas Kll.ne, ::;herl.
~,?j. 10
00/00/0000
by
Sworn ~nd sub!'3l;ri.bcad to bC'fore me
"I
this ~ 3-"<. day of ~
lY9i A.D.
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Trol inger,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO.97-3269 CIVIL TERM
Joel E. Trolinger,
Defendant
PROTECT ION FROM ABUSE
AND CUSTODY
PROTECTION ORDER
AND NOW, this ..'Z.~ day of July, 1997, upon consideration of
the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, Joel E. Trolinger, is enjoined from
physically abusing the plaintiff, Kathie S. Trolinger, or from
placing her in fear of abuse.
2. The defendant is enjoined 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 and discussing
matters concerning the parties' jointly owned Real Estate.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives and the minor children.
4. The defendant is prohibited from ~ntering the
plaintiff's place of employment or the school of the her minor
child. Alicia A. Green.
5. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties. except that the defendant may sell
any jointly owned property with the plaintiff's written consent.
6. The defendant is ordered to stay away from the
plaintiff's residence located at 349 Fourth Avenue, Carlisle,
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.
7. The court costs and fees are waived.
8. 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.
9. This Order may subject the defendant to: i) arrest
under 23 Pa.C.S. g6113; ii) a private criminal complaint under 23
Pa.C.S. g6113.1j iii) a charge of indirect criminal contempt
under 23 Pa.C.S. g6114, punishable by imprisonment up to six
months and a fi~e of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa.C.S. g61l4.1. Resumption of co-residence on the part
of the plaintiff and defendant shall not nullify the provisions
of the court order.
10. The Pennsylvania State, North Middleton, and Carlisle
Police Departments shall be provided with certified copies of
this Order by thc plaintiff's attorney and may enforce this Order
by arrest for indirect criminal contempt without warrant upon
c. on Labor Day weekend, when the father already
has custody of the child, he shall continue his
period of custody until 8:00 p.m. on Labor Day.
Otherwise, the father shall have the child from
9:00 a.m. until 8:00 p.m. on Labor Day.
5. The father shall have partial custody of the child
every other birthday, from 9:00 a.m. until 8:00 p.m., beginning
on August 10, 1998.
6. The mother shall have cus'ody of the child on Mother's
Day and the father shall have custody of the child on Father's
Day, from 9:00 a.m. until 5:00 p.m.
7. The mother and father shall have the right to a nine
day period of custody, to include two weekends, each summer.
Each party shall give the other at least a one week notice as to
when this period of summer custody will take place. In 1997, the
mother shall have custody of the child from July 18 until July 27
for her period of summer custody.
8. Neither parties shall take the child out of
Pennsylvania for more than three days without notifying the other
party.
9. The father shall not consume alcoholic beverages before
or during his periods of partial custody.
10. 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.
11. The mother and father shall notify the other
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Kathie S. Trolinger,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO.97-3269 CIVIL TERM
Joel E. Trolinger,
De fendan t
PROTECTION FROM ABUSE
AND CUSTODY
CONSENT AGREEMENT
This Agreement is entered on this fHh
day of July, 1997,
by the plaintiff, Kathie S. Trolinger, and the defendant, Joel E.
Trolinger. The plaintiff is represented by Joan Carey. Philip
Briganti, and Jane Muller-Peterson of LEGAL SERVICES, INC.; the
defendant is represented by John Wesley Weigel, III. The part ies
agree that the following may be entered as an Order of Court.
1. The defendant, Joel E. Trol inger, agrees to refrain
from abusing the plaintiff, Kathie S. Trolinger, or from placing
her in fear of abuse.
2. The defendant agrees not to have any direct or indircct
contact with the plaintiff including, hut not limited to,
..-, .n
telephone and written communications, except for the limitedJ
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purpose of facilitating custody arrangements and discussing'~
'.)
matters concerning the parties' jointly owned Real Estate.
.,
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3.
The defendant agrees not to harass and stalk the
plaintiff and not to harass the plaintiff's relatives and:th~
"
minor chi Idren.
4. The defendant agrecs not to cnter the plaintiff's place
of employment or the school of her minor child. Alicia A. Green.
5. The defendant agrees not to removc, damage, destroy. or
sell nny property owned by the plaintiff or jointly owned by the
parties, except that the defendant may sell any jointly owned
property with the plaintiff's written consent.
6. The defendant agrees to stay away from the plaintiff's
residence located at 349 Fourth Avenue, Carlisle, Cumberland
County, Pennsylvania, and any other residence the plaintiff may
establish, except for the limited purpose of transferring
custody. The defendant shal I remain in his vehicle at all times
during the transrer of custody.
7. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
8. The defendant understands that the Protection Order
entered in this matter wi)) 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 indicatcs continued
risk of harm to the plaintiff. The defendant understands that
this Order will be enforceable in the same manner as the Court's
prior Temporary Protection Order entered in this case.
9. Violation of the Protection Order may subject the
defendant to: il arrest undcr 23 Pa.C.S. g6113; ii) a private
criminal complaint under 23 Pa.C.S. g6ll3.1; iii) a charge of
indirect criminal contempt 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 Pa.C.S. g6114.1.
10. Thc dercndant and the plaintiff agree to thc cntry of
an Ordcr providing for the following regarding custody of their
child, Joel Dalton Trolinger, DOB 8/10/92.
a. The mother shall have primary physical custody of
the chi ld.
b. The mother and father shall share legal custody of
the chi ld.
c. The father shall have partial custody of the child
every other weekend from Friday at 5:00 p.m. until
Sunday at 5:00 p.m. and every Monday from 4:00 p.m.
until 8:00 p.m.
d. The father shall have partial custody of the child
on the following hol idays:
i. on the Friday after Thanksgiving, from 9:00
a.m. until 8:00 p.m., or through the remainder of
the weekend if the father's weekend would normally
begin that Friday,
ii. on Christmas Day, from 2:00 p.m. until 8:00
p.m. ,
iii. on Labor Day weekend, when the father already
has custody of the child, he shall continue his
period of custody until 8:00 p.m. on Labor Day.
Otherwise, the father shall have the child from
9:00 a.m. until 8:00 p.m. on Labor Day.
e. The father shall have partial custody of the
child every other birthday, from 9:00 a.m. until 8:00
p.m., beginning on August 10, 1998.
f. The mother shill I hllve custody of the chi Id on
Mother's Day and the father shall have custody of thc
child on Father's Day, from 9:00 a.m. until 5:00 p.m.
g. Thc mother and fathcr shall have thc right to a
ninc dny pcriod of custody, to includc two wcekcnds,
cnch summer. Elich pnrty shall givc thc othcr nt Icast
n onc week notice ns to when this pcriod of summcr
custody wi 11 take plllce. In 1997, the mothcr shall
hllvc custody of the child from July 18 until July 27
for her period of summer custody.
h. Ncithcr pllrtics shall take thc child out of
Pcnnsylvania for morc thnn thrce days without notifying
the othcr party.
i. The fathcr shall not consume alcoholic beverages
bcforc or during his pcriods of partial custody.
j. The mothcr and father, by mutual agrccment, may
vary from this schcdule at any timc, but thc Ordcr
shall rcmain in effcct until further ordcr of court.
k. The mother and fathcr ngrec that each shall notify
thc othcr immediatcly of medical emcrgencies which
arisc while the child is in that parcnt's carc.
I. Thc mothcr nnd fnthcr rcalize that thcir child's
wcll being is paramount to any diffcrenccs thcy might
havc bctwccn thcmselves. Therefore, they agrcc that
neither party shall do anything which may cstrange the
child from the othcr parcnt, or injurc thc opinion of
the child liS to the other parent or which may hamper