HomeMy WebLinkAbout97-04027
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MIClIElLE M. SOLLENBERGER. IN THE COURT OF COMMON PLEAS OF
Plaintil1:
for herself and on behalf of her minor children CUMBERLAND COUNTY PENNSYLVANIA
CHRISTOPHER MICIIAEL ZEIG1.ER,JR .
JOSEPH MICHAEL POWLEY. JR and. NO 97- _LlOJ.l CIVIL TERM
THOMAS ANDREW MITCHEL LEPORE.
v PROTECTION FROM ABUSE AND CUSTODY
ERIC MITCHEL LEPORE.
Defendant.
RARY PROTECTION ORDER
AND NOW. thi
day of July. 1997. upon presentation and consideration of the
within Petition. and upon finding that the plaintiff. Michelle Margaret Mary Sollenberger. residing
at 107 East Main Street. Apt. 5. Shiremart'sttlWll Cumberland County. Pennsylvania. and the
minor children. Christopher Michael Zeigler. Jr. Joseph Michael Powley, Jr. and Thomas Andrew
Mitchel Lep02. are in immediate and present danger of abuse from the defendant. Eric Mitchel
Lepore. the following Temporary Order is entered
The defendant. Eric Mitchel Lepore. (SSN 163-68-0783) (ooBO 1/09n6) now residing at
624 Wayne Drive. Mechanicsburg. cumberland County. Pennsylvania. is hereby enjoined from
physically abusing the plaintitf. Michelle Margaret Mary Sollenberger. or the children. or placing
them in fear of abuse.
The defendant is ordered to stay away from the plaintitrs residence located at 107 East
Main Street. Apt S. Shiremanstm..1l. Cumberland County. Pennsylvania. a residence which is
leased solely by the plaintiff. Michelle Margaret Mary Sollenberger. and any other residence the
plaintitf may in the future establish for herself, e)lcept for the limited purpose of transferring
custody of the parties' minor child
The defendant is ordered to refrain from having any direct or indirect contact with the
plaintiff or the minor children 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 her
relatives, or the minor children.
The defendant is enjoined from entering the plaintift's place of employment and the school
and the day care facility of the minor children
The defendant is enjoined from removing. damaging. destroying or selling any property
ov.ned by the plaintiff
A violation orthis Order may lubjrct the dtfendant to: i) alTtSt undu 2J Pa.C.S.
~11.J; ii) a private criminal complaint under 2J Pa,C.S.I6II.J.I; iii) a charge ofindim:t
criminal conternpt under 2J Pa.C.S. ~114, punishablt by imprisonment up to sil months
and a fine orslOO.OO-SI,OOO.OO; and iv) civil conternpt under 2J Pa.C.S.16114.1.
This Order shall remain in effect until modified or terminated by the Court and can be
extended beyond its original expiration date irthe 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
Tempo\'lJ)' custody ofThomas Andrew Mitchellepore is hereby awarded to the plaintilT.
Michelle Margaret Mary Sollenberger
The defendant is ordered to return the child. Thomas Andrew Mitchel lepore, to the
custody of the plaintiff. The Sherift's Department shall assist the plaintiff in retriC\ing the child
reasonable fear of bodily injury. This has included, but is not limited to. the following specific instances
of abuse:
a. On or about July 18, 1997, when the plaintiff noticed that paper had
been burned on the underside of her vehicle. The plaintiff contacted the
Shiremanstown Police Department, believing that the defendant had attempted to
set fire to her vehicle and thus fearing for her safety. Later that day the defendant
called the plaintiff saying that he knew what car she was driving. He funher
threatened the plaintiff saying "the next time I will not just bum the car; I will
blow it up and then I won't have to worry about you getting custody of Tommy."
b. On or about July 8, 1997 through July 18,1997, the defendant
repeatedly followed the plaintiff as she drove in her vehicle. The defendant has
followed her at times for more than halfan hour, in spite of her attempts to get
away from him. The plaintiff feared for her safety.
c. On or about July 8, 1997, the plaintiff returned home from work to
find the defendant screaming obscenities at the parties' four-month-old child, as he
lay crying in his bassinet When the plaintiff attempted to go to comfon her other
two children who were in the bathtub cf);ng, the defendant locked the bathroom
door and blocked the doorway with his body to prevent her from entering the
room. The defendant shouted obscenities at the plaintilT and her liiend, and
threatened to punch the plaintiff in the mouth Be tUnher threatened the plaintiff
SI)ing. "lfI can't have you no one can, you will be dead in e\'et)Olle's eyes"
When the p1aintitTs friend pursuaded the defendant to move out of the way. the
plaintiff retricved the children and fearing for her safety and the safety of her
children, thc plaintiff contacted thc Shiremanstown Police Department. When the
police arrived and asked the defendant to leave, the defendant refused to leave
unless he could take the parties' child. The plaintiff allowed the defendant to take
the child temporarily in an attempt to diffuse the situation. The defendant left the
residence with the child and has since failed to return the child to the plaintiff or
allow her any contact with the child. After the police left, the plaintiff found
multiple bruises on her older two children Her son. Joseph, 2-years old. had
bruises on his head and her older son Christopher. 5-years-old , had bruises on his
head and back The older son said that the defendant had been hitting them while
the plaintiff was at work. The plaintiffrcported the abuse to Cumberland County
Children and Youth Senices who are investigating the matter.
d On or about June 23, 1997, the defendant came unin\ited to the
plaintiffs residence, pounded on the door and attempted to break down the door
to get into the residence. The parties' minor child was sitting in his swing behind
the door and the plaintiff feared that the door which was gi\;ng way would hit the
child. openned the door and stepped outside. repeatedly telling the defendant to
leave A neighbor contacted the Shiremanstown Police Department who arrived
and told the defendant to leave
e. In or about May. 1997. the defendant came unin\;ted to the
plaintiffs residence The plaintifffearing for her safety and that of the parties'
minor child tried to 11<< out the front door with the parties' 2-month-old minor
child. The defendant slammed the door shut and blocked the door with his body.
grabbed th plaintifTby the upper arm and spun her around caused her to drop the
child and pulled out stitches she had received from recent surgery. The plaintiff
caught the child before the child fell to the floor. The plaintitrs 5-year-old son ran
to his maternal grandparents' home to get help, and the grandparents contacted the
police
f On or about March 26, 1997 the defendant followed the plaintiff
and the children to the Camp lIill Mall. approached the plaintiff in the parking lot,
and hit the plaintiff in the abdomen \\ith the car door The defendant then
threatened to throw the plaintiff on the ground and take the child The plaintiff
pleaded with the defendant not to take the panies' two week-old child, saying she
would take the child to the defendant's father 's home so the defendant could "isit
with the child The defendant followed the plaintiff to the defendant's father's
home The plaintiff went into the residence and called the ('amp lIilI Police. The
defendant while holding the child screamed at his father and at the plaintiff calling
the plaintiff "ile names
g In or about September 1996, when the plaintiff was pregnant with
the panies' child, the defendant shO\ed the plaintiff with both hands in the chest
knocking her backwards onto the bed When the plaintifTtried to flee from the
room. the defendant pulled bad. his list and attempted to punch her in the face
The plaintiff moved to avoid the hlow. and the defendant struck the wall \\ith his
list making a holc in the wall. Thc plaintiff contactcd thc policc and harassment
charges wcrc filed against thc dcfcndant
h Sincc approximately July 1996. the defendant has abused the
plaintiff in ways including. but not limited to. pushing the plaintiff, shoving. her.
attempting to punch her. grabbing her. restraining her. stalking her. threatening to
harm her. threatening to kill the plaintiff, threatening to kidnap the parties' child
(and take him to New York in order to deny her all access to the child. following
the plaintiff, telephoning her repeatedly. caUing her vile names and coming to her
home uninvited The defendant has also struck the plaintiff's children ages five-
years-old and two-years-old. leaving bruises
5 The plaintiff believes and therefore avers that she and the minor children are in
immediate and present danger of abuse from the defendant and that they are in need ofprotection
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 children 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 her relatives. or the minor children
8 The plaintiff desires that the defendant be restrained from entering her place of
employment and the school and day care facility of the minor children
Q The plaintiff desires that the defendant be enioined from removing. damaging.
destroying or selling any property owned by the plaintitf
B. EXCLUSIVE POSSESSION
10. The apanment which the plaintiff is asking the Coun to order the defendant to stay
away from is rented in the name of the plaintiff, Michelle Margaret Mary Sollenberger and the
defendant has never resided there.
C. SUPPORT
II. The defendant has a duty to suppon the parties' minor child, Thomas Andrew
Mitchel Lepore.
12 The plaintiff is in need of financial suppon from the defendant including. but not
limited to: health insurance coverage for the parties' minor child and payment of un reimbursed
medical expenses for the parties' minor child.
13. The defendant's is employed at American Fumiture, Co, 1637 Nonh 7th Street,
Harrisburg. Pennsylvania.
14 The plaintiffs income is insufficient to pro\ide for her minimal needs and those of
the children until such time as a suppon order can be obtained by tiling at the Domestic Relations
Office
15. The plaintiff intends to petition lor suppon for the parties' minor child "ithin two
weeks of the issuance of a protective order
D. LOSSES AND REIl\1Ql,lRSE1\1ENT (OR 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 Coon order the delendant to pay $25000 to
Cumberland County, one ortegal Smices. Inc 's funding sources, in lieu ofallomeys' fees, as
22. The best interests aad permanent welfare of the minor child will be met if custody
is temporarily granted to the plaintilT pending a hearing in this matter tor reasons including
a The plaintilT is a responsible parent who can best take care of the
minor child The plaintilT has been the primary caretaker of the child and has
provided for the emotional and physical needs of the child from his birth until the
time the defendant failed to return the child to her
b The defendant has shown by his abuse of the plaintiff' and her other
children that he is not capable of providing a stable em,;ronment for the parties'
child and that he is not an appropriate role model for the child
c. The defendant has refused the mother any access to her child since
July 8, 1997, in spite of her repeated attempts to contact the defendant and his
mother to have the child returned and/or to permit her to have contact with the
child The defendant's mother has threatened criminal charges against the plaintiff'
if she comes onto her propeny (where the defendant currently resides) to retrieve
the child.
d The plaintiff'fears for her child's safety if he remains in the
defendant's custody because ofhei \iolent outbursts including physical abuse of
her 2-year-old and S-year-old children resulting in bruising
WHEREFORE, pursuant to the pro\isions of the "Protection from Abuse Act" of October
1, 1916,23 PaC'S ~ 6101 ~ KSl. as amended, the p1aintiff'prays this Honorable Court to grant
the following relief
A. Grant a Tcmporary Order pursuant to the "Protcction lrom Abuse Act"
Ordcring thc defendanl to refrain from abusing thc plaintiff and the
minor children and placing them in fear of abuse
2 Ordering thc defendant to retrain from having any direct or indirect
contact with the plaintiff or the minor children including. but not limited to.
telephonc and written communications. cxcept to facilitate custody arrangements
for the parties' minor child
l 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 plaintift's place of
employment and the school and the day care facility of the minor children
S Prohibiting the defendant from remo\ing. damaging. destroying or
selling property owned by the plaintiff
6 Ordering the defendant to stay away from the plaintift's residence
located at 107 East Main Street. Shiremanstown, 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' child
7 Granting temporlf)' custody of the minor child. Thomas Andrew
Mitchell.epore. to the plaintitf
B Schedule a hearing in accordance with the provisions of the "Protection from
Abuse Act. " and. after such hearing. enter an order 10 be in elfl'\.'1 for a period of one year
Ordering the defendant to refrain from abusing the plaintilT and the
minor children and from placing them in fear of abuse
2 Ordering thc defendant to retrain from having any dircct or indirect
contact with the plaintilT or the minor children including. but not limited to,
telephone and written communications, except to lacilitate custody arrangements
for the parties' minor child
3. Ordering the defendant to refrain from harassing and stalking the
plaintilT and from harassing her relatives and the minor children
4. Prohibiting the defendant from entering the plaintiffs place of
employment and the school and the day care facility of the minor children.
5. Prohibiting the defendant trom removing, damaging, destroying or
selling property owned by the plaintilT
6 Ordering the defendant to stay away from the plaintiffs residence
located at 107 East Main Street. Apt 5, Shiremanstown. Cumberland County,
Pennsylvania. which the parties have never shared. and any other residence the
plaintilT may in the future establish for herself
7. Granting support to the plaintilTfor the parties' minor child in an in
the amount of S50 per week payable to the plaintiff in the form of a check or
money order, mailed to her residence, and ordering the defendant to provide health
co\'erage to the parties' minor child. directing the defendant to pay all of the
unreimburscd medical e'lpenses of the parties' minor child to the providCf or to the
plaintilfwhen she has paid for the medical treatment
8. Granting temporary custody ofthc panics' minor child, Thomas
Andrew Mitchclleporc, to Ihc plaintiff
9. Ordcring the dcfcndant to pay $250 00 to Cumbcrland County, one
oflcgal Services, Inc's funding sources, in lieu ofauomcys' fees, as
reimbursement for the cost oflitigating this case and assessing thc $25.00
surchargc and coun costs to the dcfendant if thc CllSC goes to hearing
Thc plaintiff further asks that this Petition be filed and served without payment of fees and
costs by the plaintiff. pending a funher order at the hearing, and that certified copies of this
Petition and Order be delivered to Camp Hill Police Department and the Shiremanstown Police
Department which have jurisdiction to enforce this Order
The plaintiff prays for such other relief as may be just and proper.
COUNT II
CUSTODY lljliDER PENNSYLVANIA CUSTODY LAW
10. The allegations of Count I above are incorporated herein as if fully set fonh.
II. The best interest and permanent welfare of the parties' minor child. Thomas
Andrew Mitchel lepore, will be served by confirming custody in the plaintiff as set
fonh in paragraph 22 of the petition
WHEREFORE, pursuant to 23 PaeS ~ 5301 ~ Kq, and other applicable rules and law,
the p1aintiffprays this Honorable Coon to award custody ofthe minor child to her
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Michelle M. Sollenberger,
Plainti ff
: I N TilE COURT OF COMMON PI.~:AS
:01' ClIMIlERI.ANIl COUNTY ,PENNSYLVANI A
vs.
:NO. 97-4027 CIVIl. TERM
Eric Mitchel Le~)re,
Defendant
: PROTECTION FROM ABUSE
MICE OF HEARING .AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claills set
forth in the following paper.., you lIust apl'l'ar Ill. thl' hl'aring scheduled herein.
I f you fail to do so, the case Rlay proceed against you and a FINAL Order Rlay be
entered against you granting the reI ief r"'luested in the Petition. In
particular, you Rlay be evict.ed froll your resid..nc.. and lose other illportant
rights.
I~
A hearing on thf.llatter is !l('hedul..d for the I day of
Novellber, 1998, at '1 ~v It'll., in Courtrooll No.....l_ of the CUIlbf'rland
C~urthous.., Carlisle, Pennsylvania.
County
You MUST obey thl' Ordl'r that is altach..d until it is IIOdified or terllinated
by the court after notice and hl'aring. If YOII dllmbey this Ordl'r, thl' police lIa)'
arrest you. Violation of this Ordl'r lIay subject YOII to a charge of indirect
crillinal cont..llpt which is Pllnishabie by a fine of III' to $1,000.00 and/or III' to
six IIOnthll in jail IIll1ll'r 23 Pa.C.S. ~6114. Violation lIay also subject YOII to
prosecut.ion and crillinal penalties under the Pennsylvania Crilles Code. Under
f..dl>ral law, 18 U.S.C. g2265, this Ornl'r is enforceabll' anywhere in the United
States, tribal lands, U.S. Territories and the COllllOnwealth of Puerto Rico. If
you trav..1 outside of the st.ate and int..nt iondly violatl' this Orner, you lIay be
Bubject to federal criminal proc....dings IIndl'r the Violence Against Wallen Act, 18
U.S.C. g 2261-2262.
YOll SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO
HAVE A LAWYER REPRESENT YOU AT nlE HEARING. THE COURT W\l.L NOT, HOWEVER, APPOINT
A LAWYER FOR YOU. IF YOU 00 NOT HA\'F. A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TEI.EPIIONE THE OFFln: SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT FIND A LAWYER, YOII M,\Y \lAVE TO PROCEED WITHOUT ONE.
Cl!!llIlERI.AND COUNTY BAR ASSOCI ATION
2 liBERTY AVENUE
CARI.ISI.E, PENNSYl.VANIA 17013
TEU:PHON~: N1J!llBFR: (7171249-3166
AJmlI~lL!llIIl.D.llWll11ImL.y;r OF 1990
Tht" Court of CUIIIIOII Nt'a9 of CUllbf'rland COllnty ill required by IlIw to cOllply with
t.... 4l1t'r[cllnll wlt.h DhAh11 illes Ad of 1990. For Infnrllalion IllxlUt accellRlblt"
fl". i I it i..s an,l rellllonahl.. It....ollllO<h,t ionl!< Itui \alii.. to dlsahl...1 Indlv idultls having
hu"in.."s hefor.. th.. .."lItl, 1,1",\1,1" ,'onlad our offit-... All Itrrllngl'lIt'nts lIullt be
."".. lit I,,"!!t 12 hours l,rior to any ht'aring or husine!!" bf'fort' th.. collrt. YOII
lIust Allf'nd th,' ",.,....Iuh'li conf,'r..n".. or h..ltriltl(.
or temporary residence where Plaintiff may live.
181 4. Defendant shall not. cont.act. Plaintiff by t.elephone or by
any other means, Including t.hrough t.hird persons.
o
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5, Pending the outcome of t.he final hearing in t.his mat.t.er,
Plaintiff Is awarded t.emporary cust.ody of the following minor
child/ren: * (DOB ).
Unlil t.he final hearing, all cont.act. between Defendant
and the child/ren shall be limited to the following: **.
The local law pnforeement agency In thp jurisdiction
where t.he ehild/ren are locat.ed shall ensure that the
child/ren are placE"d in thE" cllre /lnd control of t.hE' Plaintiff
in accordancE" with the term!> of t.his Order.
6. Defpndant shall immpdiately rE'linquish the following
weapons t.o thE' Sheri ff's Office or a designated local law
enforcement agency for t.hp delivery to the Sheriff's Office:
Defendant is prohibit.ed from possessing, transferring or
acquiring any othpr weapons for t.he duration of this Order.
181
7.
The following additional relief is grant.ed:
The Cuaberland County Sheriff's Depart.aent shall attempt
t.o aake service at. plaint.iff's request and wit.hout pre-payment
of fees, but. service aay be accomplished under any applicable
Rule of Civil Procedure.
This Order shal I be docketed in the office of the
Prothonotary and forwardpd t.o the Sheri ff for service. The
Prot.honot.ary shall not send a copy of this Order to Defendant
byaail.
I.aw enforceaent. agencies, human service agencies and
school dlst.rlct.s shall not. dlscloae the presence of Plaintiff
In the JurhltJiction or district. or furnish any address,
telephone> nuaber, or an)' other deaographlc inforaalion about
the plaintiff exce>pt. by further Order of Court.
This Ord..r shall reaaln In effe>ct. until aodifled or
teralnated by the Court. and can be extended beyond Its
orllinal expiration date If the Court. finds t.hat trefendant has
co_I t.1.ed anoth..r a.:t. or abuse> or has engagpd in a pattern or
practice that Indlcatrs continued risk of hara to Plaintiff.
Orrendant Is enJoin...1 froa d"aaglng or dest.ro)'lng any
propert.)' ownr.1 solrly hy PI"lntlfr.
Defendant. Is t.o refrain from harllsslng Plalnli ff's
relat.ives.
II 8. A cert.ified copy of t.hls Order shall be I>rovided to the
pol ice department where Plaintiff resides and any other agency
specified hereaft.er: appropriate police depart.ments.
II 9. TillS ORDER SUPRRSEDRS II ANY PRIOR PFA ORIlRR AND 0 ANY
PRIOR ORD~;R RELATING TO CIUJ.D CUSTODY
II 10. TillS ORDER APPLIRS IHHEDIATEJ.Y TO DEFF.NDANT AND SIIALI.
REHAIN IN EFFECT UNTIl. HODU'IF.D OR TERHINATED RY TIllS COURT
AFTER NOTICE AND nEARING.
NOTlCR TO DEFENDANT
Dcfendllnt is hereby notified thllt violation of this Order may
result in arrest for indirect criminal contempl, which is
punishable by Il fine of up to SI,OOO.OO and/or up to six months in
Jail. 23 Pa.C.S. ~6I14. Consent of the PIllintiff to Defendant's
return to the residence shall not invalidate this Order, which can
only be changed or modified through the filing of appropriate court
papers for t.hat. purpose. 23 Pa.C.S. ~6113. Defendant is further
notified that. violation of this Order may subject him/her t.o state
charges /lnd penalties under the Pennsylvania Crimes Code and to
federal charges and penal ties under the Violence Against. Women Act I
18 U.S.C. ~~ 2261-2262, Any protection order granted by a court
may be conRidered in any Rubsequent proceedingH, including child
cURtody proceedings, under title 23 (Domest.lc Relat.lons) of the
PennRylvania ConRolldaled Statutes.
NOTICE TO LAW ENFORf:F.HENT OFFlf'IALS
This Ordpr shal I he enforcl'd h)' the pol ice who hav..
Jurisdiction over the pll\int.iff'H residence OR any 10clltionH where
" violat.ion of t.hiH order o('curs OR wh..re the def''Ildant may be
located. Ir defendant violatf'H Paragraphs I through 6 of t.his
Order, def..ndant may h.. arrested on the charge of Indirect Criminal
ContellpL An arr"st for violat.ion of t.his Order ma)' b" mad"
without warr"'lt, has!'d "olely on probahle "Ause, wh..th"r or not. th..
violAt.ion is commit.t"d in th.. pres!'nr!' of lAW enforcement.
Subseqll"nt to all arrest, the law pllforc"m..nt offlcpr shall
seli'!.. all w..al'ons used or thr'eAt..n..d to h.. used during t.h..
violat ion uf this Or'df'r OR t!'lring p"lor inci.l..ntlC of abuse.
W"apons must forthwith hI' d!'1 ivrrrd to th., Sheriff'" offic.. of Ih..
('ount, which issu..d Ihls Ordpr, which offir.. shall maintain
repeatedly called several places looking for Plaintiff
and during one call, threatened 1.0 .Irag Plninti ff oul. of
n house by her hair and beat the "shit" out of her.
9, Dpfendanl has eommi tl('d the following pr'ior acts of abuse
against Plaintiff:
a. On or nboul October 30,19911, Dpf.'ndanl. grabbed Plaintiff
hy t.hp throat. squeezing it .md forcefully shoved her hend
causing hpr t.o hit her head. When Defpndant let go of her,
Plaintiff went into another room, but th.. Defendant followed
her screaming at her, grabbed her again by her throat, threw
her onto a bed, and threaten..d to rape her. When Plaintiff
threatened to cnll the pol ire, D..fendanl. moved away from hpr,
madp n fist., and punch..d a hole in a wall behind Plaintiff
hpad,
b. In or about, mid-October 199B, Defendant. made fists with
both hands nnd punchpd Plaintiff on both sides of hpr chest
causing her to fall to the ground.
c. In or about Cktobpr 3, 199B, Defpndant shoved
Plaint iff ovpr a box rausing hpr to fall on hpr' elbow and
side.
d. In or about Jul)' 24, 1997, a Protection from Abuse Order
WIU' ..nterpd undpr t.he above capt ionpd number. The plaint.iff's
fear of abusf" is exacerbated because of the defendant' s
hist.ory of abuse which included the following: Defendant has
t.hrf"atened to blow up Plaintiff's car; he repeatedly followed
Plaintiff enuslng h...r to feAr for her safpt.y; he threatened to
punch her in t.hp mouth, atl.empted to break down a door to get
into her rps I delle... , grabbed her by hpr arms, hit her in the
abdomen with.. enr door', thrpnlened to throw her on lhp
ground, shuved her with both hands In the best knocking her
backwards onto II bpd, nttempted to punch hpr in the facp,
thrf"atf"ned 10 ki 11 her, and reppatpdly abused Plaint.i ff's
children hy sl r'iking t.hem ...nd l..nvlng hrui"es.
to. The following 1'01 ke dppar-tment or- law pnforcemenl ag..ncy in
the area in which PlAintiff Ilvps should b.. provided wilh " copy of
th... Prot....lion Or,.lpr: tllP approl'rintr 1'01 ie.. d..pnrtments
II. There is nn immt'dintf" and pr.."...nt llMlgpr- of further' abu"e from
the nt'fendant.
12. Plaintiff is l,,<kint( the ('ollrt to ord,'r .1..f",ll<l"nl to
from h..r cllrrpnt Iln.II".-I""...l rps\.h'n.'e arl<l 8n)' othpr
which shp may estahllsh.
"t.ay aWIlY
r....\ dpne('
13. Plaintiff h.." ""ffrrp.1 tI". fntto",ir.!! oul-of-pocket financl,,1
losses I\S 1\ rpsult of the abuse described I\bove: damaged clothing
_ $100.00, modeling pi~tures - $225.00, plu8 any and nil medical
expenses related to the Injury which occurred on or about November
1, 1998.
wm:REFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY
ORDER, AND AFTER HEAR T NG, A FI NAI, ORDER THAT WOULD DO THE
FOLLOWING:
A. Restrain Defendant from nbusing, threatening, harassing,
or stl\lklng Plaintiff In I\ny 1'11\1'''' where Plaintiff may be
found.
R. Order defendant to stay away from Plaintiff's residence
1\00l prohlbl I. D..fendant from attempting to enter any temporary
or permanent reslden~e of the Plnlntiff.
C. pr'ohlblt Defendant from ha~'lng any
Plaintiff, ..ither in person, by telephone,
personlllly or through third p..rsons, except
find ne..essRry with respect to partial
visitation with thp minor child.
contact with
or in writ ing,
as the Court may
custody and/or
D. Oi reel, Defendant to pay Pll\int i ff for the rpl\sonable
finll.nc!l\l loss",. suffer..d Il.S a resul I. of t.he abuse, to be
determined at the hparing.
E. Order Defendant to pay thp costs of this action.
including filing, servic.. fees, and surcharg.. of $25.00.
F. Ord..r Defendnnt t.o pay $250.00 to reimburse one of Legal
Services, Inc's funding sour.... for the cost of litigation in
this case.
Q, Order the following I\ddltionnl relief, not. listed above:
a. The defl'ndnnt is l'njoined from rlaml\ging or
destroying any propprty owned solely by thp plaintiff.
c. Thp dpfendant is 10 rpfrll.in from haraAsing the
plaintiff's relntlvl's.
H. Grnnt such other relief as the court depDls appropriate,
I, Order' th.. pol ice or other law ("nfarc-pment agpncy t.o "prve
the DI'f..nrlant with a copy of this p..tition. I\I\Y Ordpr iS8uf'd,
Ilnd th.. Order for Hearing. The petitioner will inform thf'
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5. The defendant is prohibited from rcmoving, damaging, destroying or selling any
property owned by the plaintiff:
6. The defendant is ordered to stay away from the plaintitrs residence located at 107
East Main Street. Apt. 5. Shiremanstown. Cumbcrland County. Pennsylvania, and any other
residence the plaintiff may in the future establish for herself, except for the limited purpose of
transferring custody of the parties' minor child. Thomas Andrew Mitchellepore. The defendant
will remain in his vehicle at the curb at all times during the transfer of custody.
7. The defendant is ordered to pay interim support to the plaintiff for the parties'
minor child the amount of S30.00 per week, payable to the plaintiff in the form of a check or
money order, mailed to her residence pending the entry of an order by the Cumberland County
Domestic Relations Office. The defendant shall make the first payment within ten (10) days of the
entry of the Protection Order and each Wednesday thereafter
8. The court costs and fees are waived
9. This Order shall remain in effcct 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 pattem or practice that indicates risk
of harm to the plaintiff or the minor children
10 A \iolation of this Order may subject the defendant to i) arrest under 23 Pa.C.S
~113; ii) a printe criminal romplaint under 23 Pa C S ~61 n I. iii) a charge ofindirecl criminal
contempt under :n Pa C S ~bI14. punishable by impri~lnment up to six months and a fine of
SIOOOO-SI.OOO 00, and iv) ci\11 rontempt under 23 Pa (' S ~114 I
5. The father and mothcr shall alternate Christmas Eve and Christmas Day each year,
one parent having the child on Christmas Eve at noon until Christmas Day at 1000 a.m., and the
other parent having the child on Christmas Day from 1000 am until 800 p.m. The father shall
have the segment beginning Christmas Evc in 1997
6. The father shall havc the right to see the child on the child's birthday birthday at a
time mutually agreed upon by thc partics.
7. The father shall have thc right to partial custody of the child for I week of each
summer, including two weekends The father shall give the mother two weeks notice as to when
his period of summer custody shall take place. The mother shall have the right to have the child
on weekends during that time unless the father takes the child on a vacation trip including
weekends. The mother also has the right to take the child on a summer vacation for a week
including two weekends
8 Neither shall remove the child from the jurisdiction of Cumberland County
Pennsyl~llnia overnight without notitYing the othcr parcnt in ad~'ance and providing that parent
with an address and phone number wherc the child may be reached in case of an emergency.
Neither party shall relocate outside of Cumberland County without a modification of this Custody
Order. If either party relocates within Cumberland County that party shall immediately provide
his or her new address and phone number to the other party
9 The mother and father shall give reasonable notice to the other party if a scheduled
period of partial custody needs to be cancelled or modified and the parties shall schedule a make-
up period by mutual ~eemen1 \\ithin a reasonable time lrame
property owned by the plaintiff.
6. The defendant agrees to stay away from the plaint iff's residence
located at 107 East Main Street, Apt. S. ShirelD8nstown, CUmberland County.
Pennsylvania, and any other residence the plaintiff may in the future establish
for herself, except for the I imited purpose of transferring custody of the
parties' minor child. Thomas Andrew Mitchel lepore. The defendant will remain
in his vehicle at the curb at all times during the transfer of custody.
7. The defendant agrees to pay inter im support to the plaint iff for the
parties' minor child, Andrew Mitchel lepore. in the amount of $30.00 per week,
payable to the plaintiff in the form of a check or DOney order. mailed to her
residence pending the entry of an order by the CUmberland County DoEst ic
Relations office. The defendant agrees to make the first payment within ten (101
days of the entry of the Protection Order and each Wednesday thereafter.
8. The defendant, although entering into this Agreement, does not adJait
the allegations made in the Petition.
9. The defendant understands that the Protection Order entered in this
matter wi II 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 couitted an
act of abuse or has engaged in a pattern or practice that indicates risk of harm
to the plaintiff or the minor children. The defendant understands that this
Order wi II be enforceable in the sllme IIIInncr as the Court's prior Temporary
Protection Order entered in this case.
10. Violation of the Protection Order may subject the defendant to: il
arrest u~ler 23 Pa.c..S. 86113: iil a private criminal Cl~laint under 23 Pa.e.s.
86113.1: iiil a charge of indirect criminal conteapt wmter 23 Pa.e.s. 86114,
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. B6114.1.
II. The defendant and the plaint iff agree to the entry of an Order
providing for the following regarding custody of their chi Id, Tholllas Andrew
Mitchel Lepore. pending further Order of Court after a conci I iation conference:
a. The mother and father wi II share legal custody of
the chi Id.
b. The mother will have primary physical custody of
the chi Id.
c. The father will have partial custody of the child
every other weekend frOll Friday at 6:00 p.m. until
Sunday at 6:00 p.lII. beginning with the weekend of August
15.1997 and at dates and times lIIutually agreed upon by
the parties.
d. The parties agree to the following hol iday
schedule:
i. The father wi II have custody the
child frOll 2:00 p.III. until 8:00 p... on the
day before the following holidays: Easter.
Nemrial Day, July 4th, Labor Day, and
Thanksgiving.
ii. The father and mother wi 11 alternate
Christll8s Eve and Chrlstll8s Day each year.
one parent h.'IVing the chi Id frOll noon on
chri",tM'" f:ve unt i I Chr istllllls Da)' at 10:00
a... and the other parent having the child
frOll ChristlllllS Oay at 10:00 a... until
Christmas Oay at 8:00 p... The father will
have the segJllCnt beginning ChristllllS Eve in
1997.
e. The father will have the right to see the child on
the child's birthday at a tiDe mutually agreed upon by
the parties.
f. The father wi 11 have the right to custody of the
child for I week of each sUllllller to include two weekends.
The father will give the IIOther two weeks notice as to
when his period of SUMer custody wi II take place. The
IIOther wi 11 have the right to have the chi Id on weekends
during that tiDe unless the father takes the child on a
vacation trip including weekends. The IK>ther also has
the right to take the chi Id on a SUMer vacation
including a l18Xilllla of 2 weekends.
g. The IIOther and fllther agree that neither will
rellOve the child frOll the jurisdiction of CUllberland
County Pennsylvania overnight without notifying the
other parent in advance and providing that parent with
an address and phone nullber where the chi Id MY be
reached in case of eIIergency. Neither party MY
relocate outside of Cullberland County without
lll1dificlItion of the l'us"..ly Order.
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Michelle H. Sollenberger,
Plaintiff
:IN THE COURT OF COMMON PL~S
:OF CUMBERLAND COUNTY,PENNSYLVANIA
vs.
:NO. 97-4027
CIVIL TERM
Eric Mitchel Lepore,
DeCendant
:PROTECTION FROM ABUSE
HOT ION FOR CONTINUANCE
The plaintiff; by the through her attorney, Joan Carey of
Legal Services, Inc., moves the Court for an Order rescheduling the
hearing in the above-captioned case on the grounds that:
1. A Temporary Protection Order was issued by this Court on
November 6, 1998, scheduling a hearing for November II, 1998, at
9:30 a.m.
2. The Cumberland County Sheri Cf' s Department served the
deCendant with a certiCied copy of the Temporary Protection Order
and Petition for Protection Order on November 6, 1998.
3. The deCendant has retained Hark Fenice to represent him
in the matter.
4. The parties by and through their counsel agree that the
hearing be rescheduled to afford them time to execute a Consent
Agreement.
5. The plaint i fC requests that the Temporary Protection
Order remain in eCfect until modified or terminated by the court
after notice or hearing.
6. A certified copy of the Order for Continuance will be
delivered to the appropriate police department by the attorney for
the plaintiCC.
WHEREFORE, thE' plaintiff r..quest14 that thC' Court .rant this
Michelle M. Sollenber'ger,
Plaintiff
: I N TilE COlJllT OF COMMON PLE,\S
:OF CUMIlFRLANfl COl1NTY,PENNSYLVANJA
vs.
:NO. 97-4027
c r V T\. TEIlH
Eric Hi t.chel Lepor'e,
Defendant : PROTECT TON FROH
~R CONTINUANCE
AND NOW, this Lf- day of November, 1998,
ABUSE
IIpon consideration
of t.he attached Motion for Continuance, t.he mat.ter scheduled for
hearing on November II, 1998, at 9:30 a.m., by this COllrt's Order
of November 6, 19911, is lH'reby rpsr-heduled for h('aring on December
14, 199B, at 1 :30 p.m. in COllrt I-oom No.3.
The Temporary Protection Order shall remain in effect for one
year or until modified or terminated by t.he court.
'fhe Cumberland COllnty Sheriff's Department shall attempt to
make service at the plaintiff's reqllest and without pre-payment. of
fees, but. service may be accomp1 ished under any nppllcable rule of
Civil Procedure.
'fhis Order shall he docketed In the office of the Prothonotary
Ilnd forwarded t.o the Shprl ff for servi r-P. The Prothonotary shall
not sPlId 8 copy of t.his Or',1..r t.o the dpfendant by mal I.
A certified copy of this Order for Cont.inuance will be
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present on the premises.
[] On the ____ day of , 1998, Defendant may enter
the residence to retrieve his/her clothing and other
personal effects, provided that Defendant is in the
company of a law enforcement officer when such
retrieval is made.
~ 3. Defendant is prohibited from having ANY CONTACT with
the Plaintiff at any location. Defendant is specifically
ordered to stay away from the following locations for the
duration of this Order: Plaintiff's undisclosed residence
which is not owned or leased by Defendant, or any other
permanent or temporary residence where Plaintiff may live.
[] 4. Except as provided in Paragraph 5 of this Order,
Defendant shall not contact the Plaintiff by telephone or by
any other means, including third parties.
[]
[]
5. Custody of the minor child~en, . (DOB ) shall be as
follows: [state to whom primary physical custody awarded;
state terms of partial custody or visitation, if any] (or see
attached Custody Order) .
6. Defendant shall immediately turn over to the Sheriff's
Office, or to a local law enforcement agency for delivery to
the Sheriff's Office, the following weapons used o~
threatened to be used by Defendant in an act of abuse
against Plaintiff and/or the minor child/ren:
[]
7. Defendant is prohibited from possessing, transferring
or acquiring any other weapons for the duration of this
Order. Any weapons delivered to the she~iff under Paragraph
6 of this Order or under Paragraph 6 of the Temporary Order
shall not be returned until further Order of Cou~t.
~
8. The following additional relief is granted as
authorized by 56108 of this Act:
a. Law enforcement agenci.s, human service agencies
and school districts shall not disclose the pre.ence of
the plaintiff and/or address, telephone number, or any
other demographic information about the plaintiff
except by further Order of Court.
b. 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.
c. The defendant is enjoined from damaging or
destroying any property owned solely by the plaintiff.
d. The defendant is to refrain from harassing the
plaintiff's relatives.
[] ~, OefeDdant is directed to pay temporary support for
plaintiff and/or the minor child/ren as follows: the amount
ot $ per week, 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
first payments is to corrmence within ten days upon entry of
the Protection Order and each (week, month) thereafter. The
defendant further agrees to provide health coverage to the
spouse and/or minor child/ren, and will pay all of the
unreimbursed medical expenses of the plaintiff and/or minor
child/ren to the provider or to the plaintiff if she has
paid for the medical treatment, and the defendant agrees to
make or continue to make rent or mortgage payments on the
residence of the plaintiff. This Order for support shall
remain in effect until a final support order is entered by
this Court. However, this Order shall lapse automatically
if the Plaintiff does not filE a complaint for support with
the Court within fifteen days of the date of this Order.
The amount of this temporary order does not necessarily
reflect Defendant's correct support obligation, which shall
be determined in accordance with the guidelines at the
support hearing. Any adjustments in the final amount of
support shall be credited, retroactive to this date, to the
appropriate party.
[]
10. The costs of this action are waived as to the Plaintiff
and imposed en Defendant.
~ 11. Defendant shall pay $125.00 in one lump sum payment to
Plaintiff. Payment shall be made within one week of the
entry of this Order. In addition, Defendant shall pay any
and all emergency room treatment and related costs as a
result of the injury which occurred on or about November 1,
1998, which are not covered by Plaintiff's medical
insurance. Plaintiff shall provide Defendant with these
bills immediately upon receipt and payment shall be made
directly to the hospital within thirty days of mailing.
Defendant shall reimburse Plaintiff $4.95 for prescriptions
costs incurred on or about November 1, 199B. These
payments do not constitute any admission of liability on the
part of the Defendant for property damage or personal injury
nor engagement in any actions giving rise to these claims.
An award to Plaintiff in this action shall not constitute a
bar to further litigation for civil damages for other
injuries sustained from the acts of abuse giving rise to
this award. OR
o 11. Plaintiff is granted leave to present a petition, with
appropriate notice to Defendant, to [insert the name of the
judge or court to which the petition should be presented] .
requesting recovery of out-of-pocket losses. The petition
shall include an exhibit itemizing all claimed out-of-pocket
losses, copies of all bills and estimates of repair, and an
Order scheduling a hearing. No fee shall be required by the
Prothonotary's office for the filing of this petition.
12. BRADY INDICATOR
[]
1. [] The Plaintiff or protected personls) is a
spouse, former spouse, a person ~ho cohabitates or has
cohabited with the Defendant, a parent of a co~~on
child, a child of that person, or a child of the
Defendant.
2. [] This Order is l'eina entered after a hearing
of which the Defendant received actual notice and had
an opportunity to be heard,
3. [] Paragraph 1 of thIS Ure!,,!" has been checked
restrain the Defendant fr;,m tHrassing, stalkIng, or
threatenint1 PLlirl~ iff ,-'i! rr~.1tt:,(.t~,:1 ptrsun\~y..
to
4. [] Defendant represents a credible threat to the
physical safety of the Plaintiff or other protected
person(s)
OR
4. [] The terms of this Order prohibit Defendant
from using, attempting to use, or threatening to use
physical force against the Plaintiff or protected
person that would reasonably be expected to cause
bodil y injury.
~ 13. THIS ORDER SUPERCEDES ~ ANY PRIOR PFA ORDER AND
[]
ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
~ 14 . All provisions of this Order shall expire in one year.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON TIlE
CHARGE OF INDIRECT CRIMINAL CONTEMPT walCH IS PUNISJI.&RT-B BY A
FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS.
23 PA.C.S. 56114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES UNDER TIlE PENNSYLVANIA CRIMES CODE. THIS
ORDER IS ENFORCEABLE IN ALL FIFTY (SO) STATES, THE DISTRICT 01'
COLUMBIA, TRIBAL LANDS, U. S. TERRITORIES, AND THE COMMONWEALTH OF
PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C.
52265. IF YOU TRAVEL OUTSIDE 01' TIlE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL
PR~wnINGS UNDER THAT ACT. 18 U.S.C. S5 2261-2262. II'
PARAGRAPH 12 01' THIS ORDER BAS BUN CHECUO, YOU MAY BE SUBJECT
TO FEDERAL PROSECUTION AND PENALTIES UNDER TIlE "BRADY" PROVISIONS
01' TIlE GUN CONTROL ACTION, 18 U.S.C. SD22 (G) , FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREAJUCS OR ANNUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have juriadiction over the Plaintiff'.
re.idence OR any location where a violation of thia Order occur.
OR whenl the Defendant _y be located, ahall enforce thia Order.
An arrest for violation of Paraqraphs 1 throuqh 7 of this Order
may be without warrant, based solely on probable cause, whether
or not the violation is committed in the presence of the police.
23 Pa.C.S. S6113.
Subsequent to an arrest, the police officer shall seize all
weapons used or threatened to be used durinq the violation of the
Protection Order or durinq prior incidents of abuse. The
Cumberland County Sheriff's Department shall maintain possession
of the weapons until further Order of this Court. When the
Defendant is placed under arrest for violation of the Order, the
Defendant shall be taken to the appropriate authority or
authorities before whom Defendant is to be arraiqned. A
"Complaint for Indirect Criminal Cont_pt" shall then be
completed and signed by the police officer OR the Plaintiff,
Plaintiff's presence and signature are not required to file the
complaint.
If sufficient grounds for violation of this Order are
alleqed, the Defendant shall be arraigned, bond set and both
parties qiven notice of the date of the hearing.
This Order is
Defendant:
the cansent of Plaintiff and
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Michelle M.
P~aintiff/'
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JlHn Cd r ey
At torney for
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Eric" Mitchel Lepor'e
[It;~ff'r;,j:)nt
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present on the premises.
[] On the ____ day of , 199B, Defendant may enter
the residence to retrieve his/her clothing and other
personal effects, provided that Defendant is in the
company of a law enforcement officer when such
retrieval is made.
~ 3. Defendant is prohibited from havinq ANY CONTACT with
the Plaintiff at any location. Defandant is specifically
o~red to stay away from the followinq locations for the
duration of this Order: Plaintiff's undisclosed residence
which is not owned or leased by Defendant, or any other
penaanent or temporary residence where Plaintiff may live.
[J 4. Except as provided in Paragraph 5 of this Order,
Defendant shall not contact the Plaintiff by telephone or by
any other means, including third parties.
[]
[]
[]
181
5. Custody of the minor children, · (DOB ) shall be as
follows: (state to whom primary physical custody awarded;
state terms of partial custody or visitation, if any] (or see
attached Custody Order),
6. Defendant shall immediately turn over to the Sheriff's
Office, or to a local law enforcement agency for delivery to
the Sheriff's Office, the following weapons used or
threatened to be used by Defendant in an act of abuse
against Plaintiff and/or the minor child/ren:
7. Defendant is prohibited from possessing, transferring
or acquiring any other weapons for the duration of this
Order, Any weapons delivered to the sheriff under Paragraph
6 of this Order or under Paragraph 6 of the Temporary Order
shall not be returned until further Order of Court.
8. The followinq additional relief ia granted aa
authorbed by 56108 of this Act:
a. Law enforceaent a418ncie., hUlllUl .ervice aqenc:iea
and achool diatricts .hall not diaclo.e the preaence of
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the plaill~ ud.!0J: &dda:us, t:al.epIaau r-~, OJ: UlY
othm: "--~b.ia ~ODI&t:ioD abcnIt t:Iw F1_~..~~
exctIpt br ~ 0zdeJ: ~ c:o=t.
b. 'fh:U 0zdeJ: .It-" .. -i.. in -.....-t uti! ~~"'iecl
OJ: --~ .._ted, br t:Iw ~ aud aaD ~ ~_..- J:..10Dd.
ita oz:l.9i.aal ap1nt:1oD data ~ t:Iw CauJ:t fI~..".. that
the ~-,,_..t U.] ~ t:ted. uaothm= .act ~ abuJle 0'1: baa
enqaged in . pat:tazD 0'1: paat:1ce that :t""~aata.
aaD+~""~ :iIIk ~ baaa to the ph~..~.
G. !be ~...,.._..t 18 .joiroed fJ:ae cIaalJiDl1 OJ:
dest:=riD9 UIJ' ~ __ solely br the p]-~..t;1ft.
d. !be det'-,,_..t 18 to m~-~" fJ:ae "--.s1D9 t:Iw
p1_~..~~,s zelat1~.
9. Defendant is directed to pay temporary support for
plaintiff and/or the minor child/ren as follows: the amount
of $ per week, payable to the plaintiff in the fo~ of a
check or IIIOney order, by mail pendinq the entry of an order
by the Cumberland County Domestic Relations Office. The
first payments is to CODIIIlence within ten days upon entry of
the Protection Order and each (week, IIIOnth) thereafter. The
defendant further aqrees to provide health coveraqe to the
spouse and/or minor child/ren, and will pay all of the
unreimbursed medical expenses of the plaintiff and/or minor
child/ren to the provider or to the plaintiff if she has
paid for the medical treatment, and the defendant aqrees to
malr.e or continue to make rent or mortqaqe payments on the
residence of the plaintiff. This Order for support shall
remain in effect until a final support order is entered by
this Court. However, this Order shall lapse automatically
if the Plaintiff does not file a complaint for support with
the Court within fifteen days of the date of this Order.
The amount of this temporary order does not necessarily
reflect Defendant's correct support obliqation, which shall
be determined in accordance with the quidelines at the
support hearinq. Any adjustments in the final amount of
support shall be credited, retroactive to this date, to the
appropriate party.
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10. The costs of this action are waived as to the Plaintiff
and tmposed on Defendant.
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181 11. D~eDdaD~ .h11 pay $12!5.00 in au lap 111II papa~ to
.laiD~~. ..} -1: .hll be IIIIda wit:biD 0D8 __ ~ t:ba
1IDC:y of! thU 0Zde&-. %D .ms1t:f.cm, ~_.....~ .h.11 pay lIlY
and all ~ =cD tzaat:llla~ ADd mlaad Gab .. .
nllUJ.~ o~ t:ba injuy orhiah --.s OIl = moat: 110. J.u 1,
1911S, which &at DO~ aaNJ:ed by l'1aiD~'a ..lU-l
in~c:e. .1aiD~ .h.11 pzori.da DeE-tA_..~ with t1:I...
b~ 11 _ f__htaly apoD r--~pt: and p&]!__~ .h.l1 be IIIIda
dinc1:ly to tb h:)ftpital wit:J:1D tb1:t:y daylI ~ _414..9'.
D~eD.._..t: .h.l1 m:I.mburs. l'laiD~ $4.915 toJ: J=aIIm:ip..i.....
coat:. ~ OIl = about: II_~ 1, USJS. ""'_..
paJmallb do DO~ acmat:if::llt:a lIlY -hd.aa ~ 1hJ.414t:y OIl tba
paJ:t: ~ th. ~_....-..~ ~or ~ A_-V- = paraaaal. injuy
DOr ~t: in allY aato4~. ~viDq z::iae to t1:I... ..1.4....
AD award to .1aiD~~ in thia aat::I.aa .h l' DOt: acmat:if::llt:a a
bar to ~ lltiqat:iOll ~o: aivU "-.va- ~o: ot:bm:
injuria aua"'~"ocl b:am th. act:a of! -=- ~viDq =... to
thU award. OR
ell. Plaintiff is granted leave to present a petition, vith
appropriate notice to Defendant, to [insert the name of the
judge or court to which the petition should be presented] ·
requesting recovery of out-of-pocket losses. The petition
shall include an exhibit itemizinq all claimed out-of-pocket
losses, copies of all bills and estimates of repair, and an
Order scheduling a hearing. No fee shall be required by the
Prothonotary's office for the filing of this petition.
12. BRADY INDICATOR
o
1. 0 The Plaintiff or protected person(sl is a
spouse, fo~r spouse, a person who cohabitates or has
cohabited with the Defendant, a parent of a cOIIIIIIOn
child, a child of that person, or a child of the
Defendant.
2. 0 This Order is being entered after a hearing
of which the Defendant received actual notice and had
an opportunity to be heard.
3. 0 Paraqraph 1 of this Order has been checked to
restrain the Defendant from harassing, stalking, or
threatening Plaintiff or protected person(sl.
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4. 0 Defendant represents a credible threat to the
physical safety of the Plaintiff or other protected
person(s)
OR
4. 0 The tems of this Order prohibit Defendant
from usinq, attemptir.q to use, or threateninq to use
physical force aqainst the Plaintif~ or protected
person that vould reasonably be expected to cause
bodrly injury. -
IBI 13 . DIS '\Ill o1nI IIU"'_.-mr, a IBr raIaa D'A omonO AND
o ANY PRIOR ORDER RELATING TO CHILD COSTODY.
IBI U. All ~ ~ tIWI om.r ~"." ~iJ:e ill 0118 J8U'.
~CB '1'0 DB uaa -=-- ....tIIIf
V%OLa!rICIII ~ DIS . .OP IAr _w.o: m loaIl U-!l'r CIII !III
l"Inr.'lt;l ~ D1D~ ,.......,...T, c...-~ 1IBICB IS JmlISPJ1lT.'II! ax A
r.nm ~ m>> 'fO $1,000 IBTJ/aa A aIL _~a ~ m>> 'fO SIX _;ua&.
23 D..C.S. 16Ue. VTnT:a,nCIII IAr u.so SIJ3oDC'!' tDtI 'fO IIIOSICtl'nCIII
aBD ,..'l'V'l'tn.T. ~ ..,..." 'fD ImDlBU.VDm ,.TUlffll ca:m. DIS
(i~J./D IS AIIUI.olllfOW7l1lT.'II! mALL ........,y; (50) S'J'a.-, DB DlSDIC ~
~nuIlT1, ,,-ra\.L t.aIIDS, u. s. ~T'RR, ABD !lIB ~ - I_"~.'PII ".
~ 1I%CO .I....p, 'fBB VIQLERCI!: N""'TWft IIUIUoIII AC'%1C11, 18 ~.S.C.
12265. D' toO DAVBL OU'rSIDJ: or !III S'lAD IIID .u.:i:AIlIU/'llll1lT.T..,
vto:r::..... 'l'JIIS "WJIR, %aU tAr lIB ~,.c:r 'l'O U'.,W"Dll,,* OTU'l"a'Jl.T.
I'llCCDDI1IQS n,.,,_ ~ JC:. 18 o.s.c. IS 2261-2262. D'
DlWmUB 12 ~ DIS <mD1nt DB BDB CDCDD, tDtI IAr D stJB.'J&C
'fa ..,,,,"JoT. IIIOSBctJT.tCIII A11D ~ ,Jl\Il.a 'fBB "DADY" IIIOVISIORS
or 'fD cmR \OUOlIoAn. IC':%CIII, 18 O.S.C. 1'22(Q), J'QR IPOSasaICIII,
DAII~ OR ..,.~ QII 'J..rI'Il"DVa OR --II_.a...LCB'.
IIOT1CK m LUf ......... --_...~ arrx"""".
: 'fU pollee who ha... jun.d1~ 0YaJ: t:blI .1aiDt:U~..
:r:aaidaDee OR allY location whaze a ri.oJ.at:iaD ~ tbiII ~ ocmu:a
OR whaze th. ~_"...t _y be 1acat8d. 1".11 ~~ thi. QzdaJ:.
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AD -=-t: fo:: Tiolat:icm of l'uavnpha 1 t:hzoqh 7 of w.. om.::
"31' a without: W&J:%:&Dt:, baed solely OD pz:abB18 cause, whethe::
OJ: DOt: the Tiolat:icm iII.:l ~ t:1:ad 111 the pnMllDe of t:h8 pollcll.
23 la.C.S. 56113.
Sub.eqlleDt: to lID -=--t:, t:h8 poJ:lOO' ~~_... .h.l1 ..1- all
weapOJUI JUled OJ: t:h::aa-.,t to be ued .......1 "'1 t:h8 riolat:iOD of the
l'::ot:8ct:iou Oz:d8:: OJ: dm:1Dq p::io:: "If..! o4-t:a of .abI&ae. ~
Cmabe::1aDd Ccnmt:y ~'. ~c .h.n uiDtaiD pa....aicm
of t:h8 ..-pODS uut:i1. 1'cL-:t:he:: ~. of this com:t:. 1IbD t:h8
D~...o4...t: ill phc-t .".04.... u::eat: fa:: riolatioD of the C11:d8:c, the
D~_o4...t: .h.11 be -,,- to t:h8 __..~tII _t:harit:y OJ:
authorit:i.. befo::e whcIa Def_o4...t: ill to be~. &
."""'IJ?' .~ ..t: fOJ: IDd1::ect. CrI"'~ ..., ecmt:.-pt:" .h.11 t:heD be
ccap18t:ed aDcl .i9Ded br the pollee ~~~ 00'''' CIa tile 1'1aiD~,
l'1a1Dt:iff'. pze8eDae aDd. .igDat:m:. a::. aat: ~-f.-.d to file the
~1.."1:.
If auffi.aieJlt: ~ fo:: Tiolat:iOD of this Oz:da:: a::.
.11~, t:h8 ~_o4...t: .h.'1 be ~, bcIIId _t: ad both
p&z't:iu ~'nD aat:1ae of t:h8 datil of tile "......1....,.
BY THE COURT,
/JI ~ l . ,.J-JltJ
George E. Hoffer,'~ciqe
This Order is entered pursuant to the consent of Plaintiff and
Defendant:
Date:
oan Carey
Attorney for
In..;. I~l. J ___
Eric Mitch'e! Lepore
Def~~l ~ ~.
~k S. Fenice
Attorney for Defendant
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TImE COpy FRt'\~ RECORD
Ill: ., m~r.y ....iltr;t~,,' ';:C'~ :!t my hand
and lhl seal of SI:d c~,~:, at Cariisl~. PI.
This d3J.~. day of ~,,M;..,, 19..~U:
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