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HomeMy WebLinkAbout97-03642 . . '.. _:~ :,''- -..; ';'." ," ~.- '. , --~,.,'<, . LEGAL SEIMCU, INC. 8 IRVINE ROW CAALJSU:. PENNSYLVANIA 17013 (717) 243-8400 Fax (7171 243-8028 WIllI ShoN (7171788-847& ShippoIIlbuIll (7171 mal88 '.'",-,-" .;. , j,~ ': ':'h ".-.-'._',' O' -,..~~'; . . .~'~.' ,D.7-J9S ,=""~.,, ,.."'zi:.?c:;.,..\;f-<:.B~~ The defendant is ordered to stay away from the plaintill's current residence which is at an undisclosed location, Irom her temporary residence at her parents' home located at 12 Sponsman Road, Enola, Cumberland County, Pennsylvania, a residence to which the plaintilfmoved to avoid abuse, and the defendant is ordered to stay away from any other 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 plaintilf or her minor children including. but not limited to. telephone and written communications, The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives, or her minor children The defendant is enjoined from entering the place of employment of the plaintiff or her daughter, Elizabeth Jane Bittner. or the day care facility of the panies' minor child, Lorraine Ellen Avery The defendant is enjoined from removing. damaging. destroying or selling any propeny owned by the plaintiff A violation of this Order may subject the detendant to i) arrest under 23 l'a.CS ~6113; ii) a private criminal complaint under 23 I'a C S ~6113 I. iii) a charge of indirect criminal contempt under 23 I'a CS ~6114. punishable by imprisonment up to six months and a tine of $100.00-$1.00000, and iv) civil contempt under 23 Pa (' S ~6114 I This Order shall remain in ellect until filr1her Order of ('oun and can be extended beyond its original expiration date if the ('oun finds that the detendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintifi' or her minor children, Temporary custody of Lorraine Ellen Avery is hereby awarded to the plaintiff, Mayling Bittner Avery. The defendant is ordered to relinquish to the sherin's department any weapons which he owns or possesses, specifically, the Glock and Beretta handguns, and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order A IIEARING SIIALL BE IIELD ON TillS MATTER ON JlJLY ..li... 1997. AT .;)'.cJ{) ) . .- f .M.. IN COlJRTROOM NO. .', . OF TilE ClJMBERLAND COlJNTY COlJRTlfOlJSE. CARLISLE. PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending further order of court, The Cumberland County Sheriffs Department shall attempt to make service at the plaintin'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 Sherin' for service, The Prothonotary shall not send a copy of this Order to the defendant by mail. The Silver Spring Township and Mechanicsburg Police Departments shall be provided with certified copies of this Order by the plaintin's attorney This Order shall be enforced by any law enforcement agency where a violation occurs hy arrest thr indirect criminal contempt without warrant upon prohable cause that this Order has been violated. whether or not the violation is MAYLlNG I3ITTNER AVERY, Plaintitl. for herself and on behalf of her minor children: ELIZABETH JANE I3ITTNER, LAUREN VALERIE BITTNER, and LORRAINE ELLEN AVERY. v, MICHAEL DENNIS AVERY. Defendant IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97- .J/...Jf~ CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY 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 ,..amed that if YOll 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 da:m Or relief requested by the plaintiff You may lose money or property or other rights impoltant to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge 01'$25,00 will be assessed against you You may also be required to pay attorney fees to Legal Services. Inc, for their representation of the plaintifr You should take this paper to your la....'Yer at once If you do not have a lawyer or cannot alrord one, go to or telephone the ollice setlorth 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 D1SAIlILITIES 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 ollice All arrangements must be made at least 72 hours prior to any hearing or business belllre the court You must attend the scheduled conference or hearing M:\ YLlNG BITTNER A VERY. IN TIlE COURT OF COMMON PLEAS OF PlaintiO. for herself and on behalf of her minor CUMBERLAND COUNTY , PENNSYLVANIA children: ELIZABETH JANE BITTNER, LAUREN VALERIE BITTNER, CIVIL ACTION - LAW and LORRAINE ELLEN AVERY. v. NO. <)7- 31,.!{):-..- CIVIL TERM MICHAEL DENNIS AVERY, Defendant PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER TilE PROTECTION FROM ABUSE ACT. 23 Pn.C.S. ~ 6101 el seq. A. ABUSE I. The plaintitl: Mayling Bittner Avery, is an adult individual whose temporary residence IS at her parents' home at 12 Sportsman Road, Enola. Cumberland County. Pennsylvania 17025. ') The plaintiO. and her minor children are temporarily staying at an undisclosed location for their protection and to avoid further abuse as is more fully set forth herein, This address will be furnished to the court upon request 3, The defendant. Michael Dennis Avery. (SSN I <)-I--I4-8530)(DOB 10/06/54), is an adult individual residing at 250<) Mill Road. Mechanicshurg. Cumberland County. Pennsylvania 17055. -I The delendant is the plaintifl's husband and the father of the parties' minor child. Lorraine Ellen Avery 5, Since approximately february, 1995, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintifi' and her minor children, and has knowingly engaged in a course of conduct and repeatedly committed acts toward the plaintiff and the minor children under circumstances which have placed the plaintilf and the minor children in reasonable fear of bodily injury, This has included. but is not limited to, the following specific instances of abuse a) On or about June 24, 1997. the defendant, who has an 8th degree gold belt in the martial art ofTai Kwan Do, forcelully squeezed the plaintill's head between his hands, pulled her hair, called her an "ugly bitch", and threatened her saying that he would "knock her out'. and that she would be "fucking sorry," The plaintiff sustained soreness and red marks about her head and neck as a result of this incident. The plaintiff contacted the Upper Allen Township Police Department. b) On or about May 23. 1997, the defendant, who is 6 feet tall and weighs approximately 260 pounds, slapped the parties' 2'/,-year-old daughter, Lorraine, on her buttocks. knocking her Irom the loot of the bed to the headboard where she struck her head The child sustained bruising and red marks about her forehead as a result of this incident c) In or about early May. 1997. the defendant pounded the back of the plaintilrs head repeatedly with the heel of his hand The plaintilf sustained soreness about her head and had a headache that lasted several days as a result of t his incident d) On or about April 17, 1997, the defendant slapped Lorraine on the head in a restaurant in the presence of the plaintiff. her children. and restaurant customers, who became quiet when they saw him strike the 2\12-year-old child, The child screamed and cried as a result of the incident. e) In or about March 1997. the defendant struck the plaintiffs 8-year-old daughter, Lauren Valerie Bittner. on the forehead with the heel of his hand. The child cried and was traumatized as a result of this incident. o On or about August 10. 1996. the defendant repeatedly slapped the plaintitf on the face, and pushed and shoved her against the wall and furniture. causing her to fall into an oak chair, breaking the chair. The plaintiff sustained bruising and soreness about her face, arms, legs, and torso as a result of this incident g) In or about February 1995. the defendant wrapped his arms around the plaintiff to "hug" her and squeezed her with such force that when he heard a popping sound he said to her. "I hurt you" As a result of this incident, the plaintiff suffered such pain simply breathing that she sought medical treatment from her personal physician who relcrred her immediately to Carlisle Hospital where she was X-rayed and treated for three (3) broken ribs sutlcred as a result of this incident The injuries to the plaintilrs ribs were so painfiJl that she had to discontinue breast feeding the partics' "-Illonth old baby. Lorraine h) In or about January 1995. when the plaintitrs IJ-year-old daughter. Elizabeth Jane Bittner. locked herself in the bathroolll during an argument with the d) On or about April 17, 1997. the defendant slapped Lorraine on the head in a restaurant in the presence of the plaintin; her children. and restaurant customers. who became quiet when they saw him strike the 2'/l-year-old child, The child screamed and cried as a result of the incident. e) In or about March 1997. the defendant struck the plaintiffs 8-year-old daughter. I.auren Valerie Billner, on the forehead with the heel of his hand, The child cried and was traumatized as a result of this incident. l) On or about August 10. 1996. the defendant repeatedly slapped the plaintitT on the lace. and pushed and shoved her against the wall and furniture. causing her to fall into an oak chair. breaking the chair. The plaintitT sustained bruising and soreness about her face. arnlS, legs. and torso as a result of this incident. g) In or about February 1995. the defendant wrapped his anns around the plaintilf to "hug" her and squeezed her with such force that when he heard a popping sound he said to her, "I hurt you" As a result of this incident, the plaintiff sutTered such pain simply breathing that she sought medical treatment from her personal physician who relem'\! her immediately to Carlisle Hospital where she was X-rayed and treated Illr three (J) broken ribs sullered as a result of this incident The injuries to the plainlitrs ribs \\ere so painful that she had to discontinue breast feeding the parties' -l-month old baby. I.orraine h) In or about Janual) 1')<)\ \\hen the plaintitrs 1.1-vcar-old daughter. F1il3beth Jane Bittner. locked herself in the bathroom during an argument with the defendant, he kicked the door open, breaking the lock and splintering the door jamb, yelled at her, slapped her on the back, picked her up 011' of the 1100r, carried her into the living room, dropped her causing her to lallto the 1100r, picked her up otT of the 1100r and threw her against the wall causing her to fall to the floor. The child cried and was traumatized as a resuh of this incident. i) Since approximately January 1995, the defendant has abused the plaintitTin ways including, but not limited to, pushing, shoving, slapping, striking her with the heel of his hand, squeezing her head and lace, and pulling her hair. In addition, the defendant has threatened to harm the plaintilr and her children numerous times causing her to fear for her safety and that of the children, and the defendant has broken household objects and thrown household objects when he was angry, causing the plaintitT and the children to fear for their safety. 6. On or about June 24, 19'17, the plaintifl' and her two children, Lauren Valerie Bittner and Elizabeth Jane Bittner, lell the residence at 2509 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania, for their protection and to avoid liJrther abuse 7. The plaintifl' believes and therelilre avers that she and her minor children are in immediate and present danger of abuse lrorn the delcndant and that they are in need of protection from such abuse 8 The plaintilr desires that the delcndant be prohibited Irom having any direct or indirect contact with the plainlilr or the minor children including, but not limited to, telephone and written communications 9. The plaintill'desires that the delendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives, or the minor children. 10. The plaintiff desires that thc defendant be restrained from entering the place of employment of the plaintill' or her daughter, Elizabeth Jane Bittner, or the day care facility of the parties' minor child, Lorraine Ellen Avery. II. The plaintill' desires that the defendant be enjoined lrom removing, damaging, destroying or selling any property owned by the plaintill' 12. The plaintill' desires that any weapons the defendant owns or possesses be confiscated by the Cumberland County Sherill's Department B. EXCLlJSIVE POSSESSION 13. The home at 12 Sportsman Road, Enola, Cumberland County, Pennsylvania, from which the plaintilTis asking the Court to order the defendant to stay away from is the home of the plaintiff's parents, owned in the namcs of Melvin and Annie Bittner. The plaintiff is not seeking the eviction of the defendant from his residence 14. Ahernatively, thc plaintifl. desircs the defendant be ordered to provide suitable housing for her and the parties' minor child C. SllPPORT 15. The defendant has a duty to support the plaintill' and the parties' minor child, I.orraine Ellen Avery 16. The plaintilT is in need of financial support from the defendant including, but not limited to: heahh insurance coverage, payment of unreimbursed medical expenses for the plaintitl' and the child, and rent for suitable housing lor herself and the child. 17. The defendant is employed at RPS, and has annual salary of approximately $19,000.00 18. The plaintiffs income is insuflicient to provide for her minimal needs and those of the parties'minor child until such time as a support order can be obtained by filing at the Domestic Relations Oflice. 19. The plaintifl'intends to petition for support within two weeks of the issuance of the Temporary Protection Order. D. REIMBlIRSEMENT FOR COST OF CASE 20. The plaintiff desires that the defendant be ordered to pay $250.00 to Cumberland County, one of Legal Services, Inc's lunding sources, in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assess a $25.00 surcharge and court costs to the defendant if the case goes to hearing. E. TEMPORARY ClISTODY 21. The plaintilT sceks temporary custody of the lollowing child Name I.orraine Ellen Avery Present Residence undiscloscd location Al!e 2 1/2 years old DOB: October 20,1994 The child was born out of wedlock Name Lorraine Ellen A very Elizabeth Jane Bittner Lauren Valerie Bittner Relationship her daughter her daughter her daughter The defendant, the father of the child, currently resides at 2509 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. He is married. The defendant currently resides with Melvin and Jane Cline, his parents. 22. The plaintil1' has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 23. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction 24. 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. 25. 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 has provided for the emotional and physical needs of the child since her birth and is a responsible parent who can best take care of the minor child b) The delendant has sho\\n by his abuse of the plaintilT and the mmor children that he is not an appropriate role model for the minor child c) The defendant's hehavior has adverselv at1ected the child WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 Pa.C.S. ~ 6101 rei seq., as amended, the plaintilfprays 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 plaint ill' and her minor children or from placing them in fear of abuse. 2. Ordering the defendant to refrain Irom having any direct or indirect contact with the plaintiff or the minor children including, but not limited to, telephone and written communications 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 place of employment of the plaintiff or her daughter, Elizabeth Jane Bittner, or the day care facility of the parties' minor child 5. Prohibiting the delendant Irom removing, damaging, destroying or selling property owned by the plaintiff 6. Ordering the defendant to stay away from the plaintilTs current residence which is at an undisclosed location, from her temporary residence with her parents at 12 Sportsman Road, Enola, Cumberland County, Pennsylvania, and any other residence the plaintilr may in the luture establish fbr herself 7. Ordering the defendant to provide suitable ahernate housing for the plaintiff and the parties' minor child. S. Granting temporary custody of the parties' minor child, Lorraine Ellen Avery, to the plaintiff. 9. Ordering the defendant to relinquish to the sheriffs department any weapons which he owns and possesses, specifically, the Glock and Beretta handguns, and prohibiting the defendant from acquiring or possessing any other weapons f()r the duration of the Ternporary Protection Order. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, aller 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 or her minor children or from placing them in fear of abuse 2. Ordering the defendant to relrain frorn 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 delendant to relrain lrom harassing and stalking the plaintiff' and from harassing her relatives and the minor child 4. Prohibiting the defendant Irom entering the place of employment of the plaintiff or her daughter, Elizabeth Jane Bittner, or the day care facility of the parties' minor child 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintitl'. 6. Ordering the defendant to stay away from the plaintiffs current residence at an undisclosed location, her temporary residence at her parents' home located at 12 Sportsman Road, Enola, Cumberland County, Pennsylvania, and any other residence the plaintifl' may in the future establish for herself 7. Ordering the defendant to provide suitable ahernate housing for the plaintiff and the parties' minor child. S. Ordering that the defendant to relinquish to the Cumberland County Sheriff's Department any weapons which he owns or possesses, specifically, the Glock and Beretta handguns, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Protection Order. 9. Granting support to the plaint ill' and the parties' minor child in the amount of $125.00 per week (each Friday) payable to the plaintiff in the form of a money order. mailed to her parents' residence; ordering the defendant to provide health coverage to the plaintiff' and the parties' minor child, ordering the defendant to pay all of the unreimbursed medical expenses of the plaintilf and/or the parties' minor child to the provider or to the plaintiff \\ hen she has paid for the medical treatment, and ordering , , lif , r" .! 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Defendant shall pay the sum of $150.00 for plaintiff's legal fees in this case. 6. primary physical custody of the parties' child, Lorraine Ellen Avery, shall be in the Plaintiff. Temporary or partial physical custody of the child shall be in the Defendant on alternating weekends from Friday at 5:30 p.m. until Sunday at 5:30 p.m. The parties are referred to the custody conciliation process for a more permanent Order with respect to custody. 7. Defendant shall pay any costs of these proceedings required under the Protection from Abuse Act. 8. This Order shall remain in effect for a period of one year and can be extended beyond that time 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. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. A violation of this Order may subject the Defendant to (1) arrest under 23 Pa. C.S. section 6113; (2) a private criminal complaint under 23 Pa. C.S. section 6113.1; (3) a charge of indirect criminal contempt under 23 Pa. C.S. section 6114, punishable by imprisonment up to six months and a fine of $100.00 to $1000.00; and (4) civil contempt under 23 Pa. C.S. section 6114.1, ~, -.-'. '. . io J-, ',-;~+ .": -~.\ ' " " ,,;,.::"';" C' "., '!. --. , :'; ,. . < LEGAL SERVICES. INC. 8 IRVINE ROW CARUSlE. PENNSYI.VANIA 17013 (717)243-9400 F.. (717) 243-8028 Weal Shore (7171 7e&6f16 Shlppenoburg (717) 63().688ll ..' " ~G07 MAYLlNG RITTNER ,WERY, PIli i n t iff IN TilE COllRT OE COMMON PLEAS OE ('IJMRERI.ANn COtJNTY, PENNSYLVAN I A for herself IInd on hehlllf of her minor children: ELIZARETH Jt\NE RITTNER, IInd LAtJREN VALERIE HITTNER, IInd LORRAINE FT.I.EN AVERY v. MICHAEL nENNIS AVERY, nefendllnt CIVIl. ACTION - LAW NO. 'l7-)fi42 CIVIL TERM PROTECTION FROM ARllSE ANT1 CUSTOny 1\ ANn NOW, this ~ ORDER of T1l'cemher, I 'l'17, upon considerntion of the within Petition the following Order is entere,l: The port ion of the Protect ion From Abuse Order dnted July lfi, 1'l'l7, which ofllered the ,Jefendllnt to surrender IIny firenrms or other guns which he h;,,1 to the ('umherlan,1 County Sheriff is vacated. The Sheriff shill I relense th,' guns confiscated pursuant to the ahove cnpt ioned Protel'l ion Order to the dl'fendnnt's father. Melvin CI ine, As long as Mevlin Cline keeps the guns at his residence, the defendant ,hall not resi,le with him, In "II other respect' thl' Protection Or,fer of July tfi, 1'l'l7, liS modified hy th.. Orller of A"gu,t 7, 1'l'l7, rem"ins in effect. By the eou r t , Joan f"an.'y !\t torlley for P(llint iff ~ (, '/,)/< ~ K IHe 'L J {t.! 1,lJf:.,-) rJ}I/;) . tLlo1, (<;: ,)\ ':J .l~, ( /,)..}//<;..., Thomas S. T1iehl f\t torn,'y fIn 11efendant