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HomeMy WebLinkAbout97-03759 i ~ 1 E I 'lJ € '" '> \.. ~ \.!) ~ \I ~ ..... , .:) ... ~ ~ ""I r:... () ~ NA T ASHA JACQUELINE METZGER, Plaintifl' IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO.97- 315q CIVIL TERM SCOTT ALLEN METZGER, Defendant PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION ORDER AND NOW, this ~ day of July, 1997, upon presenlnlion and consideration of the within Petition, and upon finding that the plaintifl: Natasha Jaqueline Metzger, now residing at 104 East Willo~Street, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Scott Allen Metzger, the following Temporary Order is entered. The defendant, Scott Allen Metzger, (SSN: 182-58-9412)(DOB: 10/22/69) now residing at 350 West First Street, Boiling Springs, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintifl: Natasha Jaqueline Metzger, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiffs residence located at 104 East Willow Street, Carlisle, Cumberland County, Pennsylvania, a residence which is leased in the name of the plaintiff, Natasha Jaqueline Metzger, and which is not owned or leased by the defendant, and from any other residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody of the parties' two minor children. The defendant shall remain in his vehicle at the curb 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 plaintifl' and from harassing her relatives, or the parties' two minor children. The defendant is enjoined from entering the plaintifl's placc of cmployment and the schools and day care facilities of the minor children. The defendant is cnjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintill~ A violation of this Order may subjeet the defendllnt to: i) lIrrest under 23 PlI,C.S. ~6113; ii) a private eriminal complaint under 23 Pa,C.S. ~6113.1; Hi) a charge of indirect criminal contempt under 23 Pa,C.S, ~6114, punishable by imprisonment up to six months and a fine 01'$100.00-$1,000,00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. This Order shall remain in eflect 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. T~ut"~I..UJ -L....Jtva) uf Lilt:: l1dlllc~' LWu lIIiuVI ",1.:ldl-:'lI. .\lIIb!o.1 Rae ~fU~,6f aA8 J8'id Alan Mp.t7tJPr i~ h1'rgby 8\.Adl",d \u ,II\; plaimiff, 14dli:1sha JacllUf.:lilllo. r"t.U_oar. ~ A HEARING SHALL BE HELD ON THIS MAlTER ON JULY \ 5,1997, AT 1. " ()o ~ .M., IN COURTROOM NO. --5...." CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending further order of court. The Cumberland County Sherifl's Department shall attempt to make service at the plaintiffs 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 oflice of the Prothonotary and forwarded to the SherilT for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Carlisle Police Department will be provided with a certified copy of this Order by the plaint ill's attorney. This Order shall be enforced by any law enforcement agency where a violation a) On or about July J, 1997, the delcndant came to the plaintill's place of employment, screamed at her, and pointed his finger in her face causing her to fear for her safety. When the defendant len the plaintifT's place of employment, he repeatedly telephoned her at work, exacerbating her fear. b) On or about July I, 1997, the defendant prevented the plaintiff from leaving his parents' residence by blocking her vehicle in the driveway with his vehicle. c) On or about June 29, 1997, the defendant telephoned the plaintiff at approximately 2:30 a.m. and threatened to come to her residence. The defendant arrived at the plaintifT's residence, pounded on the door, and repeatedly rang the doorbell. When the parties' minor daughter let him in, he followed the plaintiff around inside the residence, grabbed her by the arms, and pushed and shoved her about the kitchen. The plaintiff, went outside to get away from the defendant, but he pushed her back into the house. The plaintiff repeatedly asked the defendant to leave, but he said, "The only way I'll leave is if you call the police." When the plaintiff tried to telephone the police for help, the defendant pulled the telephone cord out of the wall and threw the telephone at her. The plaintiff moved to avoid being struck by the phone. The parties' minor daughter went to a neighbor's home and the neighbor contacted the Carlisle Police, The defendant threatened the plaintiff saying, "That's it for you if she called the police." The police warned the defendant not to return to the residence. The plaintiff sustained bruising and red marks on her arms as a result of this incident d) In or about December 1996, the defendant threw a telephone at the plaintiff hitting her on the leg, e) In or about early October 1996, the defendant took a framed picture 011' of the wall and threw it at the plaintin: The plaintiff moved to avoid being struck by the pict'lre. t) From approximately October 1996, 10 April 1997, the defendant abused the plaintiff in ways including, but not limit cd to, restraining her, preventing her from leaving 10 go to work, blocking doorways with his body, grabbing her by the anus, shoving her against walls and furniture, and pointing his finger in her face in a threatening manner. g) From approximately October 1996 to Ihe present, when the defendant gets angry with the plaintiff he intentionally breaks possessions belonging to the plaintiff, and telephones her repeatedly at work and at home at all hours. 5. The plaintin' believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintitl'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 delendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives and the panies' minor children. 8. The plaintiff desires that the defendant be restrained from entering her place of employment and the schools and day care facilities of the minor children. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any propeny owned jointly by the panies or owned by the plaintiff. B. EXCLUSIVE POSSESSION 10. The residence at 104 East Willow Street , Carlisle, Cumberland County, Pennsylvania from which the plaintitl'is asking the Coun to order the defendant to stay is rented in the name of the plaintifl: Natasha Jaqueline Metzger. The defendant has been residing at the marital home since April 1997, when the plaintifl'lel1 to establish her own residence. C. SUPPORT II. The defendant has a duty to suppon the plaintifl' and the panics' two minor children. 12. The plaintiff is in need of financial suppon from the defendant including, but not limited to: health insurance coverage and payment of unreimbursed medical expenses for the plaintiff and the panies' two minor children. 13. The defendant is employed at Fry Communications, in Mechanicsburg and earns approximately $ 13.50 per hour. The defendant works 40 hrs per week plus ovenime. 14. The plaintiffs income is insufficient to provide for her minimal needs and those of the panies' two minor children until such time as a suppon order can be obtained by filing at the Domestic Relations Office. 15. The plaintiff intends to petition for suppon within two weeks of the issuance of a Protective Order. D, LOSSES AND REIMBlJRSEMENT FOR COST OF CASE 16. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 17. The plaintiff desires that the defendant be ordered to pay $250.00 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 $25.00 surcharge and coun costs to the defendant if the case goes to hearing, E, TEMPORARY CUSTODY 18. The plaintiff seeks temporary custody of the following children: The derendant, the Ibther or the children, currently resides at 350 West First Street, Boiling Springs, Cumberland County, Pennsylvania. He is married. The derendant currently resides alone. 19. The plaintiff has not previously participated in any litigation concerning custody or the above mentioned children in this or any other Court. 20. The plaintiff has no knowledge or any custody proceedings concerning these children pending berore a court in this or any other jurisdiction. 21. The plaintiff docs not know or any person not a party to this action who has physical custody or the children or claims to have custody or visitation rights with respect to the children. 22. The best interests and permanent weir are or the minor children will be met ir custody is temporarily granted to the plaintiff pending a hearing in this mailer ror reasons including: a) The plaintiff has provided ror the emotional and physical needs or the children since their and is a responsible parent who can best take care or the minor children and births, b) The derendant has shown by his abuse or the plaintiff that he is not an appropriate role model ror the minor children, WHEREFORE, pursuant to the provisions orthe "Protection rrol11 Abuse Act" or October 7, 1976,23 Pa.C.S. * 6101 et ~., as amended, the plaintill'prays this Honorable Court to grant the rollowing relief: A. Grant a Temporary Order pursuant to the "Protection trom Abuse Act:" I. Ordering the derendantto retrain rrom abusing the plaintill' or rrom placing ~er in rear or abuse, 2. Ordering the delendantto rclrain from having any direct or indirect contact with the plaintil1' or the minor children including, but not limited to. telephone and wrillen communications, except lor the purpose of facilitating custody arrangements. 3. Ordering the defendant to relrain from harassing and stalking the plaintiff and from harassing her relatives and the parties' two minor children. 4. Prohibiting the delendant Irom entering the plaintifl's place of employment and the schools and the day care f.1cilities of the parties' minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintifl's residence located at 104 East Willow Street, Cumberland County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may in the future establish for herself. except for the limited purpose of transferring custody of the parties' two minor children. The defendant shall remain in his vehicle at the curb at all times during the transfer of custody. 7. Granting temporary custody of the minor children to the plaintiff. a. ~chedule 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 or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintilr including, but not limited to, telephone and wrillen communications, except to facilitate cllstody arrangements. 3. Ordering the defendant to refrain Irom harassing and stalking the plaintifi' and from harassing the plaintill's relatives and the parties' two minor children. 4. Prohibiting the defendant from entering the plaint ill's place of employment and the schools and day care facilities of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintit1: 6. Ordering the defendant to stay away from the plaintil1's residence located at 104 East Willow Street. Carlisle, Cumberland County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may in the future establish for herself. except for the limited purpose of transferring custody of the parties' children. The defendant shall remain in his vehicle at the curb at all times during the transfer of custody. 7. Granting support to the plaintiff and the parties' two minor children in the amount of $160.00 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 and the parties' two minor children; and ordering the defendant to pay all of the unreimbursed medical expenses of the plaintiff and the parties' two minor children to the provider or to the plaintiff when she has paid for the medical treatment. 8. Ordering the defendant to pay $250.00 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 assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing. The plaintifrrurther asks that this Petition be tiled 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 NAT/\SIIA JACQUELINE METZGER, : IN TIlE COURT OF COMMON PLEAS OF PlaintitT CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-3759 CIVIL TERM SCOTT ALLEN METZGER, Derendant PROTECTION FROM ABUSE AND CUSTODY PROTECTION ORDER AND NOW, this a~ay or July, 1997, upon consideration orthe Consent Agreement or the parties, the rollowing Order is entered: I. The derendant, Scoll Allen Metzger, is enjoined rrom physically abusing the plaintiff, Natasha Jacqueline Metzger, and rrom placing her in rear or abuse. 2. The derendant is enjoined rrom having any direct or indirect contact with the plaintitT including, but not limited to, telephone and wrillen communications, except ror the limited purpose or racilitating custody arrangements. 3. The derendant is ordered to rerrain rrom harassing and stalking the plaintiff, her relatives and the parties' two minor children. 4. The derendant is prohibited rrom entering the plaintin's place or employment and the school and the day care racility orthe parties' two minor children, except ror the limited purpose or allending the children's school activities and parent/teacher conrerences. 5. The derendant is prohibited rrom removing, damaging, destroying or selling any property owned by the plaintitT or jointly owned by the parties. 6. The derendant is ordered to stay away rrom the plaintin's residence located at 104 East Willow Street, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintitTmay in the ruture establish ror herseU: except ror the limited purpose ortransrerring custody during which times the derendant shall remain in his vehicle on the street at the curb. 7. The defendant is ordered 10 pay inlerim support to the plaintilrand the parties'two minor children Ihe amount 01'$300 per month, payable to the plaintilTin the form ofa check or money order, by mail pending the entry of an order by the Cumberland Counly Domestic Relations Ollice. The defendant is further ordered to provide health coverage to the plaintill'and the parties' two minor children, and to pay all of the un reimbursed medical expenses of the plaintil1'and the parties' two minor children to the provider or to the plaintil1'ifshe has paid for the medical treatment. 8. The court costs and fees are waived. 9. This Order shall remain in el1cct 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 engaged in a pattern or practice that indicates risk of hann to the plaintiff. 10. 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. ~6114, 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. ~6114.1. II. The Carlisle Police Department shall be provided with a certified copy 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 ollicer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. .' 6. The defendant agrees to stay away from the plaintiO's residence located at 104 East Willow Street, Carlisle, Cumberland County, Pennsylvania, which the panics have never shared, and any other residence the plaintiO'may in the future establish for herself, except for the limited purpose of transferring custody of the panics' two minor children. The defendant shall remain on the street in his vehicle at the curb at all times during the transfer of custody. 7. The defendant agrees to pay interim suppon to the plaintiff and the panies' two minor children the amount of $300 per month, payable to the plaintiff in the form of a check or money order, by mail pending the entry of an Order by the Cumberland County Domestic Relations Office. The defendant funher agrees to provide health coverage to the plaintiff and the panies' minor children, and will pay all of the unreimbursed medical expenses of the plaintiff and the panics' two minor children to the provider or to the plaintiff if she has paid for the medical treatment. 8. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one year and can be extended beyond it original expiration date if the Coun finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintitT. The defendant understands that this Order will be enforceable in the same manner as the Co un's prior Temporary Protection Order entered in this case. 10. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.eS. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a fine of$IOO.OO-$I.OOO.OO; and iv) civil contempt under 23 Pa.C.S. *6114.1. 11. The defendant and the plaintiff agree to the entry of an Order providing for the following regarding custody of their children, Amber Rae Metzger and Jarad Alan Metzger: a. The mother and father will share legal custody of the two minor children. b. The mother will have primary physical custody of the children. c. The father will have partial custody of the children on dates and at times mutually agreed upon by the parties. d. The mother and father, by mutual agreement. may vary from this schedule at any time, but the Custody Order will remain in encct until further Order of Court. e. The mother and father agree that each will notify the other immediately of medical emergencies which arise while the children are in that parent's care. f. The mother and father realize that their children's well being is paramount to any differences they might have between themselves. Therefore. they agree that neither party will do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. (" VJ 0 '..; ..... -.0 .- ..I .. ., ..- -r :g g}Ci! , 'i1 - ~'n . " :J~:) t~ 4 .' ,-I -' - ~-.)b .. , ~-: _:1-<\ -~ .':;l. ., ,-.-:~-, ":.;~C. .- ~)rn . ~.:.; " -I -:=, ;." ~'j -< l1' ::<