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HomeMy WebLinkAbout97-03815 ~ -r l. ~ t ~ J If) - ~ I c- o- Lindn I., Mens, IN TilE COURT 01' COMMON PLEAS OF /lnd on chi Id: I'lnintiff behalf of the minor Mlltthew A, Mells CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-JI'lS CIVIL TERM v. Steven A. Porter, Defendant PROTECTION FROM ABUSE AND CUSTODY AND NOW, this TEMPORARY PROTECTION ORDER I .;-1t day of Ju Iy, 1997, upon present at ion and eonsideration of the within Petition, and upon finding that the plaintiff, Linda L. Meas, and the minor ehild, Matthew A, Meas, now residing at 228 North Baltimore Avenue, Mount Holly Springs, Cumberland county, Pennsylvania, are in immediate and present danger of abuse from the defendant, Steven A. Porter, the following Temporary Order is entered. The defendant, Steven A. Porter, (SSN: 207-60-1820 and date of birth: 8/20/67) now residing at 384 pin Oak Lane, Carlisle, Cumberland County, Pennsylvania, Is hereby enjoined from physically abusing the plaintiff, Lindn L. Meas, or the ehild, Matthew A. Meas, or from plaeing them in fear of abuse. The defendant is ordered to stay away from the plllintiff's residence loeated nt 228 North Baltimore Avenue, Mount Holly, cumberland County, Pennsylvania, whieh is not owned or leased by the defendant, and any other residence the plaintiff may establish, exeept for the limited purpose of transferring eustody of the parties' ehild, The defendant shnll remain in his vehlele at all times during the transfer of eustody. The defendant is ordered to refrain from having nny direet or indireet contuet with the plaintiff including, but not limited to, telephone and written eommunications, exeept for the limited purpose of facilitnting eustody arrangements. The defendant is enjoined from harassing and stalking the plaintiff and from harnsslng the plaintiff's relatives, or the minor ehild, The defendant is enjoined from entering the plaintiff's plaee of employment, 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 subjeet the defendant to: i} arrest under 23 Pa.C.S. ti61l3; ii} a private criminal eomplaint under 23 Pa,C.S. ti6113.1j iii} a charge of indirect criminal eontempt under 23 Pa.C.S. ti6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv} eivil contempt under 23 Pa.C.S. ti6114.1. Resumption of eo-residenee on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effeet until modified or terminated by the Court and ean be extended beyond its original expiration date If the Court finds that the defendant has eommitted another aet of abuse or has engaged in a pattern or praetiee that indleates eontinued risk of harm to the plaintiff, instanees of nbuse: n. On or ahout July 6. 11J1J7, the enraged defendant Lhreatened Lo kill the plainLiff and pulled his fisLs baek as if to hit her saying he should "nnil" her cnusing her to run to the kitehen In fenr for her snfety. The defendnnt followed the plnintiff to the kitchen, slnmmed her into thc wall, grabbed the knlfc she was holding for her protection, rnised it above his head, and threatened that there would be nothing left of her. As the plaintiff nttempted to eall the pollee. the defendant ripped the telephone book from her hands. grabbed the eellular phone. and smashed it. The defendant followed the plaintiff to the kitchen, pushed her against the wall. and pulled the telephone out of the wall. The plaintiff fled to the bedroom to eall the poliee, but the defendnnt ripped the phone from the wall refusing to allow her to eall for help and threatened to "dri 11" her as he pulled his fist bnek, The defendant chnsed the plaintiff into the living room, grabbed her. threw her into the wall. and held her down on the floor, The defendant grnbbed his six year old son, as the ehild attcmpted Lo help his mother, and threw him into 2 thc coffee tablc eausing scratehcs on his wrists and a brush burn on his side. h. On scveral oecasions sinee 1993, the defendant has abused the plaintiff in ways ineludlng, but not limited to, the following: pushed her eausing her to fall, shoved her into the wall, pulled baek his fist as if he were going to hit hcr, and threatened to kill her eausing her to fear for hcr safety. S. On or about July 6, 1997, the plaintiff and the minor ehild left their residence at 384 pin Oak Lanc, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 6, The plaintiff believes and therefore avers that she and the minor ehild are in immediate and present danger of abuse from the defendant should thcy return to the homc without the defendant's exelusion and that they arc in need of proteetion from sueh abusc. 7, The plaintiff desires that the defendant be prohibited from having any direet or indircct contact with thc plaintiff ineluding, but not limited to, telcphone and written eommunieations, except for the Ilmitcd purpose of facilitating eustody arrangements. 8, The plaintiff desires that the defendant be enjoined from harassing and stalking thc plaintiff, and from harassing the plaintiff's relatives, or the minor child. 3 During the past five years, the child hus resided with the following persons und at the fol lowing addresses: Name Addresses Dates Plaintiff, Ronald 228 N. naltimore Avenue 7/6/97 to and Sandra Meas Mount Holly Springs, PA Present (plaintiff's parents) Plaint i rr and 384 Pin Oak Lane defendant Ca r lis Ie, PA Plaintirf and 158 Northwest Street defendant Ca r lis Ie, PA Plaint iff, Ronald 163 Northwest Street and Sandra Meas Carl isle, PA 2/95 to 7/6/97 3/92 to 2/95 3/28/91 to 3/92 The plaintiff, the mother of the ehild, eurrently resides at 228 North naltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, She is single. The plaintiff eurrently resides with the following persons: Name Ronald Meas Sandra Meas Matthew A. Meas Relationship father mother son The defendant, the father of the ehlld, currently resides at 384 Pin Oak Lane, Carlisle, Cumberland County, Pennsylvania. He is single. The defendant eurrently resides alone. 15. The plaintiff has not previously partieipated In any litigation eoneerning eustody of the above mentioned ehlld in this or any other Court. 5 16. The plointiff hos no knowledge of ony custody proeeedings concerning this child pending before a eourt in this or ony other jurisdiction, 17, The plointiff does not know of ony person not a porty to this aetion who hus physieol custody of the ehild or elaims to have eustody or visitotion rights with respeet to the ehlld. 18. The best interests and permanent welfare of the minor ehild will be met if custody is temporarily granted to the plaintiff pending 0 hearing in this matter for reasons Ineludlng: a. The plaintiff is 0 responsible parent who can best take eare of the minor ehild and who has provided for the emotional ond physicol needs of the ehild slnee his birth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor ehi Id, e. The defendant's behavior has adversely affeeted the ehild, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Aet" of Oetober 7, 1976, 23 Pa.C.S. ~ 6101 tl seq., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Proteetion from Abuse Aet:" I, Ordering the defendant to refrain from () abusing the plaintiff and the minor child or from placing them in fcar of abuse, 2. Ordering the defendant to refrain from hnving any dlreet or indireet eontaet with the plaintiff ineluding, but not I iml ted to, telephone ancr written eommunieations, exeept to faeilltate custody arrangements. J. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor ehi ld. 4, Prohibiting the defendant from entering the plaintiff's plaee of employment. 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 residenee loeated at 228 North Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, whieh the parties have never shared, and any other residenee the plaintiff may establish, except for the limited purpose of transferring custody of the parties' ehild, The defendallt shall remain In his vehiele at all times 7 during the transfer of custody. 7, Grnnting temporary custody of the minor ehi Id to the plaintiff. B, Sehedule a hearing in aceordanee with the provisions of the "Protection from Abuse Aet," and, after such hearing, enter an order to be In effeet for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff and the minor ehild or from plaeing them in fear of abuse. 2, Ordering the defendant to refrain from having any direet or indireet eontaet with the plaintiff ineluding, but not limited to, telephone and written communieations, except to faeilitate eustody arrangements. J. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor ehild. 4. Prohibiting the defendant from entering the plaintiff's plaee of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaint i ff. 6, Ordering the defendant to stay away from the 8 plaintiff's residence located at 228 North Baltimore Avenue, Mount 1101 Iy Springs, Cumberland County, Pennsylvania, which the parties have never shared, and any other residenee the plaintiff may establish, except for the limited purpose of transferring custody of the parties' ehildren, The defendant shall remain in his vehiele at all times during the transfer of custody, 7. Ordering the defendant to pay $250,00 to reimburse one of Legal Serviees, Ine. 's funding sourees for the eost of litigating this ease. The plaintiff further asks that this petition be filed and served without payment of fees and eosts by the plaintiff, pending a further order at the hearing, and that eertlfied eopies of this Petition and Order be delivered to the Pennsylvania State, Mount lIolly Springs, and Silver Spring Township Poliee Departments which have jurisdietion to enforee this Order. The plaintiff prays for sueh other relief as may be just and proper, COUNT IT CUSTODY UNDER PENNSYLVANIA CUSTODY I.AW 19. The allegations of Count I above are Ineorporated herein as if fully set forth. 20, The best interest and permanent welfare of the minor ehild will be served by confirming eustody in the plaintiff as 9 , Mount Holly Springs, Cumberland County, Pennsylvania, and any other rusidenee thc plaintiff may establ ish, except for the limitcd purpose of transferring custody during whieh times the defendant shall remain in his vehlele. 7. The eourl eosts and fees arc wnived. 8. This Ordcr shall rcmain in effect for n period of one ycar or until modified or termlnnted by the Court. The Order ean bc extended beyond its original cxpiration datc if the Court finds that thc dcfendant has committed anothcr act of abuse or has engaged in a pattern or praetice that indieates eontlnued risk of harm to the plaintiff. 9. ^ violation of this Order may subjcet the defcndant to: i) arrest undcr 23 Pa.C,S. ~6113; il) a private criminal eomplalnt under 23 Pa,C.S, ~6113.1; iii) a charge of indirect erlminal eontempt 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 eontcmpt under 23 Pa.C.S. 96114.1, Resumption of eo-resldenee on the part of the plaintiff and defendant shall not nullify the provisions of the eourt order, 10, The Pennsylvania State, Mount Holly Springs, Silver Spring Township Police Departments shall be provided with certified eopies of this Order by the plaintiff's attorney and may enforcc this Ordcr by arrest for indlreet criminal eontempt without wnrrant upon prohahle eausc that this Order has been violated, whether or not the violation is eommitted In the presence of a police offieer. In the event that an arrest Is Linda L. Meas, IN THE COURT OF COMMON PLEAS OF Plaintiff and on behalf of the minor child: Matthew A, Mens CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-3815 CIVIL TERM v. Steven A, Porter, Defendant PROTECTION FROM ABUSE AND CUSTODY CONSENT AGREEMENT ~C~ This Agreement is entered on this ~ day of July, 1997, by the plaintiff, Linda L. Meas, and the defendant, Steven A. Porter, The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant Is represented by Hubert X. Gilroy of Broujos and Gilroy. The parties agree that the following may be entered as an Order of Court, I, The defendant, Steven A. Porter, agrees to refrain from abusing the plaintiff, Linda L. Meas, and the minor ehild, Matthew A. Meas, or from plaelng them in fear of abuse, 2. The defendant agrees not to have any direet or indireet eontaet with the plaintiff Ineludlng, but not limited to, telephone and written eommunieations, exeept for the limited purpose of faellltating eustody arrangements. 3, The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's plaee of employment. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties, 6, The defendant agrees to stay awny from the plaintiff's residenee loeated at 228 North Ualtimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, exeept for the limited purpose of transferring eustody, The defendant shall remain in his vehiele at all times during the transfer of eustody. 7, The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8, The defendant understands that the proteetion Order entered in this matter will be In effeet for a period of one year and ean be extended beyond it original expiration date if the Court finds that the defendant has eommitted another aet of abuse or has engaged in a pattern or practice that Indleates eontinued risk of harm to the plaintiff. The defendant understands that this Order will be enforeeable in the same manner as the Court's prior Temporary Proteetion Order entered in this ease. 9. Violation of the Proteetion Order mny subjeet the defendant to: I) arrest under 23 Pa,C.S. 96113; ii) a private eriminal eomplaint under 23 Pa.C.S. 96113.1; ili) a eharge of indirect eriminal eontempt under 23 Pa.C.S. 96114, punishable by Imprisonment up to six months and a fine of $100,00-$1,000,00; and iv) civil eontempt under 23 Pa.C.S. 96114.1. 10, The defendant and the plaintiff agree to the entry of a Temporary Order providing for the following regarding custody of their ehild, Matthew A. Meas (DOD 3/28/91): n oJ:) () ,... --I " ''J :J ') .!JJ ."1 i .i";! , " ,.;J .. .; CP~ -'I ;-'"; ,iil '.> ;'j :;1 C.:. --;