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HomeMy WebLinkAbout97-04352 . ~ '- ~ \. (l - .... ~ . :) '.. '-' "l \c') i ~ ' ~; l', <:)- . I I , \ I I I .; /1 '" , / ; ~". ~' .~~ ..~_..- ;'; .~ JAMES FAILOR. SR,. Plaintiff . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYL VANIA . CIVIL ACTION. LAW VI. : CUSTODYNISITATION SUSAN D, SMITH, Defendant : NO, 95-4352 CIVIL TERM STIPULA TION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth. by and between the above-named parties. JAMES FAILOR. SR., Plaintiff (hereinafter referred to as "Father'"), and SUSAN D SMITH, Defendant (hereinafter referred to as "Mother"), WHEREAS, the parties are the natural parents of Dru Michael Smith. born March 27, 1994 lhereinafter referred to as 'child"); and WHEREAS. the parties are subject to a prior Agreement and Order of Court entered on August 18, 1995 which is attached hereto and incorporated herein by reference as Exhibit "A'; WHEREAS, the parties continue to live separate and apart necessitating the ongoing entry of an Order or Agreement relative to legal and physical custody of the child; and WHEREAS, the parties wish to vacate the prior Order above-referenced and set forth their new Agreement NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth. the parties agree as follows: I, The parties shall have shared legal custody of the child 2 Father shall ha\'C primary physical custody oflhe child 3 Mother shall have periods of lemporary or partial physical custody of the child on the foUowing schedule a) Every other weekend from Friday evening at 6:00 p,m. until Sunday evening at 8:00 p,m, commencing on the first weekend following the date of this Stipulation; b) On the other ahemating weekends for the period from Saturday at 12:30 p.m, until Sunday at 8:00 pm. c) Every olher Wednesday from 600 p,m, until 8:30 p,m.; and d) At other times as the panies may agree, 4. The parties agree that they will share physical custody of the child during holidays to their mutual satisfaction as has been arranged in the past, However, the child shall always be with Mother on Mother's Day from 8:00 a,m until 8:00 p,m, and with Father on Father's Day from 8:00 am, until 8:00 pm, 5. Mother and Father each be entitled to two consecutive weeks of uninterrupted physical custody of the child during the summer vacation months, Mother must designate to Father by no later than May I of each year as to the two week period that she wishes to exercise during the following summer Father must then notify Mother by no later than May 15 of each year as to the two weeks that he wishes to exercise his two week period of uninterrupted physical custody, 6 The parties shall share in transportation responsibilities for the child. The parent who is securing physical custody shall be responsible for transponing the child for the begiMing of that period of physical custody and the parent who then is re-gaining physical custody shall be responsible for the follow-up transponation, 7, The panies shall always keep the other party advised of their current address and telephone number so as to maintain contact and communication with each party. 8, Mother shall provide medical insurance for the child, excluding optical and dental care Father shall attempt to secure optical and dental insurance for the child as the Father's employer may provide 9, In the present circumstances.. the parties agree that neither shall claim child suppon for the child 10. The Mother shall be permitted to claim the child as a tax dependent for the 1997 income tv: year, and Father shall execute any necessary documents to allow Mother to do so promptly upon Mother's request. II, The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the child and shall funher take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both panies shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 12, Neither parent shall do anything which may estrange the child from the other pany, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. 13, Any modification or waiver of any of the provisions of this Agreement sha1I be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 14. The panies desire that this Stipulation and Agreement be made an Order of Coun by the Coun of Common Pleas of Cumberland County, and funher acknowledge that the Coun of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the panies' minor child. who has resided in Cumberland County and sha11 retain such jurisdiction should circumstances change and either pany desires or requires modification of said Order IS, The panics understand the need for the child to be involved in decision making relath-e to his physical custody and with that in mind will take into consideration the desires of the child based upon his age and maturity relative to any futul'e modifications of the within Order and Agreement CHERYL ANN FAILOR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COuNTY. PENNSYLVANIA V. EUGENE ERNEST FAILOR. JR.. DEFENDANT : 97-4352 CIVIL TERM ORDER OF COURT AND NOW. this 15th day of August, 1997, upon agreement of counsel the hearing scheduled for August 15.1997. IS CONTINUED. The hearing is rescheduled for Monday. September 15,1997, at 1:30 p,m" in Courtroom Number 2. Cumberland County Courthouse. Carlisle. Pennsylvania. The tempor8/Y protection order entered on August 12. 1997, shall remain in full force and effect until further order of this court. CJt; Edgar B. Bayley, J, Joan Carey, Esquire ' For Plaintiff _ ,.. -4, 4'" ~<'..l s/ I 0:;1 fj '), ' .......,-. 1)' ..~" , Peter Russo. esquire For Defendant :saa .. CHERYL ANN FAILOR, Plaintiff IN TilE COllRT OF COMMON PLEAS OF . ClIMBERLANDCOlJNTY, PENNSYLVANIA v, EUGENE ERNEST FAILOR, JR., Defendant , NO, 97- 435:2 CIVIL TERM . PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this ,.;'^of August, 1997, upon presentation and consideration of the within Petition. and upon linding that the plaintiff. Cheryl Ann Failor, temporarily residing at 1367 Zimmennan Road, Carlisle, Cumberland County, Pennsylvania. is in immediate and present danger of abuse from the defendant. Eugene Ernest Failor. Jr, the following Temporuy Order is entered, The defendant. Eugene Ernest Failor, Jr, (SSN 168-48-3237)(ooB 8/17/66), now residing at 1008 Rebecca Street, Carlisle, Cumberland County, Pennsylvania. is hereby enjoined from physically abusing the plaintiff. Cheryl Ann Failor, or from placing her in fear of abuse, The defendant is ordered to stay away from the plaintift's current residence located at 1367 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania. a residence owned by the plaintiffs sister and brother-in-law, Sherry and Allen Miller. to which the plaintiff and the minor children moved to avoid abuse. which is not owned or leased by the defendant, and is ordered to stay away from any 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 all times during the transfer of custody The defendant is ordered to refrain from ha\ing 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 delendant is enjoined IrOln harassing and stalking the plaintilr and from harassing her relatives, or the parties' minor children The defendant is enjoined from entering the plaint ill's place of employment and the school and day care facility of the parties' minor children, The defendant is enjoined from removing. damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff, A violation of this Ordn may subjed the defendant to: i) arrat under 2J Pa.C.S. 16113; ii) a private (riminal (omplaint under 2J Pa.C.S. 16113.1; iii) a (harge of indirtft (rimina! (ontempt under 2J Pa.C.S. 16114. punishable by imprisonment up to sis months and a line ofSI00.00-51,000.00; and iv) fivil (ontempt under 2J P..C.S. 16114.1. This Order shall remain in elTeet until modified or tenninated by the Court and 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 Temporal)' custody of Alec Ernest Failor and Joshua Paul Failor, is hereby awarded to the plaintiff. Chelyl AM Failor, pending further Order of Court after conciliation conference scheduled in the matter In the interim, the defendant shall ha\'e periods of partial custody with the children on dates and times mutually agreed upon by the parties The defendant is ordeml to relinquish to the sheriffs drpartment any weapons whkh he owns or poISftIt! lhand.uns, rillts, shotauns, (ompound bow and arrows). snd tbe defendant Is prohibited from a(quirinl or possessin. any .eapons for the duration of this Onler. - A IlEARING SIIAI.I. BE IIEI.D ON TillS MA ITER ON AlIGlIST /':, , 1997, AT! ,g 'L~I., IN COlIRTROOl\l NO,...!-, Of' TilE CUMBERLAND ('OlINTI' COlIRTIIOlISE, CARUSU:, PENNSYI.\'ANIA. CIIERYL ANN FAILOR. Plainlilf IN nlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, EUGENE ERNEST FAILOR. JR. Delendanl NO. 97-__'i.'L'!3::..___ CIVIL TERM PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF llNOER TilE PROTECTION .'ROM ABUSE ACT. ZJ PI,C.S. ~IOI tl5tq. A. ABllSE I. The plainliff. Che!)'1 Ann Failor. is an adult indi\iduallemporarily residing al 1367 Zimmerman Road, Carisle. Cumberland County. Pennsylvania 17013 2 The defendant. Eugene Ernest Failor. Jr. (SSN, 168....8-3237)(008 8/17/66), is an adult indi\idual residing at 1008 Rebecca Streel. Carlisle. Cumberland County. Pennsylvania. 17013 3 The defendant is the husband of the plaintitTand the father oflhe parties' Iwo sons, Alec Ernesl Failor and Joshua Paul Failor 4 Since approximately IWS. Ihe defendant has attempted to cause and has intentionally. knowingly. or recklessly caused bodily injury 10 the plaintiff. has placed her in reasonable fear of imminent serious bodily inju!)', has knowingly engaged in a course of conduct or repeatedly committed acts toward lhe plaintitf including tollo"ing the plaintitf without proper authorization. under circumstances which have placed her in reasonable fear of bodily inju!)' This has included. bul is not limited 10, the follo"ing specitic instances of abuse a) On or about August ,1 1997. at approximately lIJO am. the defendant ran up the stairs to where the plaintitfwas "ith the parties' sons. t>-year-(lid Alec. and 2-year-old Joshua. and screamed. "Yllu're nol going III pun Ihis shit on me'", stood close to her lace, and yelled at her demanding that she give him the keys to the v'ehicle (The plaintilT telephoned the police earlier that day, and they advised her to hide the keys from the defendant, whose license has been suspended. so he would not drive the vehicles I When the plaintilTtold the defendant that she would not give him the keys until he got a valid driver's license. he threatened her saying. "You'd better hope I find those keys or you're in trouble," After searching for the keys. the defendant returned to the plaintilT. pushed his list againsl the side of her mouth, threatened to "swell" her jaw if she did not give him the keys, picked her up oIT of the l100r from behind by wrapping his arms around her waist. squeezed her. and dropped her to the l100r The defendant telephoned his father and the plaintilT heard the defendant say. "Yau' d better come pick me up before I kill this fucking whore" The panies' children were both crying and traumatized by this incident Before the defendant left with his father he dismantled the panies' truck so that the plaintiff could not drive it The defendant returned to the home later that day at approximately 530 p,rn and when the plaintilT. who was holding their 2-year-old son. Joshua. walked in the house behind the defendant. he grabbed Joshua by the arm. pulled him from the plaintilf s arms and dropped him onto the couch, pushed the plaintiff against the furniture. and used his body to block the plaintilT from gdting into the bathroom to get away from him The defendant told the plaintilT to "get the fuck oue The p1aintilf took the panies' children and went to stay with her sister and her family to avoid further abuse and for her protection bl On or about August I, I IN7, the delendant telephoned the plaintiff at her sister's home where she and the parties' children were \ isiting. came to the home uninvited. demanded that she return home with him immediately, and when she refused to leave with him, the defendant became verbally abusive, Be refused to leave the property despite the plaintiffs sister, Sherry Miller, asking him to leave several times When Ms Miller telephoned the Pennsylvania Stale Police for help. the defendanl threatent.-d the plaintiff as he left saying. "You'll go down," The plaintiff feared for her safety and stayed at her sister's home with the children that night cl In or aboul mid-July. 1997. the defendant threatened the plaintiff saying. "I could just punch you in the face" When the plaintiff told the defendant she would have him arrested if he struck her, he threatened. "Not today. but the day I leave I'll beat your face in ,. d) In or about 1995. the defendant threatened the plaintiff saying. "You know I hunt. and I know places where to bury you" When the plaintiff told the defendant that she did not want to stay in the marriage. he threatened her saying. "If you leave me. I'll kill you and bury you somewhere where nobody will find you, and then I'll leave the country," e) Since approx.imately 1995, the defendant has abused lhe plaintiff on a monthly basis in ways including. but not limited to. threatening to strike the plaintiff. restraining her by holding her by the anns. using his body to block her from leaving. and pinning her on the bed by holding her anns down, The defendant has also threatened the plaintiff with hann and on several occasions has threatened to kill her The defendant owns and possesses several weapons and the plaintiff fears for her safety 5 On or about August 3, 1997. the plaintiff and the parties' two minor children left their residence at 1008 Rebet.'Ca Street. Carlisle. Cumberland ('ounty. Pennsylvania, in order to avoid further abuse 6 The plaintiff 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, 7, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. except for the limited purpose offacilitating custody arrangements 8 The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff. and from harassing her relatives, or the minor children 9, 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 10, The plaintiff desires that the defendant be enjoined rrom removing, damaging, destroying or selling any property owned jointly by the panies or owned by the plaintiff II, The plaintiff desires that any weapons that the defendant owns or possesses (handguns, rifles.. shotguns, compound bow and arrows) be confiscated by the Sherift's Department and that the defendant be prohibited from acquiring or possessing any weapons for the duration of the Temporary Protection Order Po E.XCL\lS,VE POSSESSION 12 The plaintiffs current temporary residence at 1367 Zimmerman Road, Carlisle. from which the plaintiff is asking the ('0011 to order the defendant to Slay away is owned in the names of Sherry and Allen Miller, the plaintiffs sister and brother-in-law. and the defendant has never resided there The defendant remains in the marital residence, and the plaintiff does not wish to exclude him rrom tbat residence I J, The plaintiff desires the defendant 10 prmide suitable alternate housing for her and the minor children C SllPPORT 14 The defendant has a duty to support the plaintiff and the minor children 15 The plaintilT is in need of financial support from the defendant including. but not limited to continued health insurance coverage for herself and the children. payment of unreimbursed medical expenses for herself and/or the children 15. The defendant is employed at Frog Switch Manufacturers. Carlisle, Pennsylvania. and earns an hourly wage ofapproximately $ 1438 16, The plaintiff's income is insufficient to provide for her minimal needs and those of the children until such time as a support order can be obtained by tiling at the Domestic Relations Office D. REIMlllJRSEMENT FOR COST Of CASE 17 Ordering the defendant to pay $25000 to Cumberland County. one of Lega1 !ienices. 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 tbe case goes to hearing. Eo Tt:MPORARY CllSTODY 18 The plaintiff seeks temporary custody of the following children ~ Alec Ernest F ai10r Addms 13671immerman Road Carlisle. PA AIt 6 years old DOll 6129191 Joshua Paul Failor 1367 Zimmerman Road Carlisle. PA 2 years old DOll, August 24. 1994 Alec Ernest Failor was born out of wedlock. Joshua Paul Failor was not The children are prel'Cntly in the custody of the plaintilT. Cheryl Ann Failor. who temporarily resides at 1367limmennan Road. Carlisle, Cumberland County. Pennsylvania, During the past live years the children have resided with the following persons and at the following addresses ~ Plaintiff. her sister and brother-in-law. Sherry and Allen Miller. and their children. Ben Miller and Kyle Miller Addrtss 1367 Zimmerman Road Carlisle. PA !!!!n From August 3. 1997 to the present Plaintiff and defendant 1008 Rebecca Street Carlisle. P A From August. 1992 to August 3, 1997 The plaintiff. the mother of the children, is Cheryl Ann Failor. currently residing at 1367 Zimmerman Road. Carlisle. Cumberland County. Pennsylvania She is married The plaintiff currently resides alone to the best of the plaintiffs knowledge, The defendant. the father of the children, is Eugene Ernest Failor, Jr. currently residing at 1008 Rebecca Street, Carlisle. Cumberland County. Pennsylvania lie is married 19 The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court :!O The defendant filed a Complaint for Custody of the parties' children on August 6, 1997. (FAILOR. Jr. v. FAII.OR. Cumbmand Co.. No. 97-4131. Custody) 1ft sttached F.lbibit A. iotorporattd and made a part htl't'Or. A conciliation date has not been scheduled in the custody case at the time of the tiling of this Petition 21 The plaintiff does not kno" of any person nul a party to this action who has physical custody of the children or claims tll have custody or visitation rights with rapect to the children 22, The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to the plaintilT pending further Order of Court after a conciliation conference in the custody mailer for reasons including a) The plaintilT has provided for the emotional and physical needs of the children since their births and she is a responsible parent who can best take care of the minor children b) The defendant has shown by his abuse of the plaintilTthat he is not an appropriate role model for the minor children WHEREFORE. pursuant to the provisions of the .Protection from Abuse Act. of October 7. 1976.23 PS ~6101 et Kl). as amended. the p1aintilTpra)'S this Honorable Coun to grant the following relief A Grant a Temporary Order pursuant to the .Protection from Abuse Act:" I, Ordering the defendant to refrain from abusing the p1aintilT or from placing her in fear of abuse 2 Ordering the defendant to refrain from having any direct or indirect contact with the p1aintilT including. but not limited to. telephone and wTillen communications. except for the limited purpose of facilitating custody arrangements 3 Ordering the defendant to refrain trom harassing and stalking the plaintilT and from harassing her relatives and the minor children 4 Prohibiting the defendant from entering the plaintilfs place of emplo)ment and the school and day care facility of the minor children ~ Prohibiting the defendant from removing. damaging. destroying or seI1ing property joint Iy owned by the parties or owned by the plaintiff. 6 Ordering the defendant to stay away from the plaint ill's current residence located at 1367 Zimmerman Road. Carlisle. Cumberland County. Pennsylvania. which the parties have never shared. and ordering the defendant to stay away from any residence the plaintilf may in the future establish for herself 7, Ordering the defendant to provide suitable alternate housing for the plaintiff and the minor children 8 Granting temporary custody of the minor children to the plaintiff pending further Order ofCoun after a conciliation conference scheduled in the custody matter In the interim. the defendant shall have periods of partial custody with the children on dates and times mutually agreed upon by the parties 9, Ordering the defendant to relinquish to the sheril1's department any weapons which he owns or possesses. and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Temporary Protection Order 8, Schedule a hearing in accordance with the provisions of the 'Protection from Abuse Act.. and, after such hearing, enter an order to be in effect for a period of one year: I, Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse 2 Ordering the defendant to refrain tTom ha\;ng any direct or indirect contact with the plaintiff including, but not limited to. telephone lUld written communications, except lOr the limited purpose of facilitltln8 custody arrangements .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 plaintiffs place of employment and the school and day care facility of the minor children 5 Prohibiting the defendant from removing. damaging. destroying or selling propeny jointly owned by the panies or owned by the plaintiff. 6 Ordering the defendant to stay away from the plaintiffs current residence located at 1367 Zimmerman Road. Carlisle. Cumberland County, Pennsylvania, which the panies have l1e\'Cf shared. and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself 7 Ordering the defendant to provide suitable alternate housing for the plaintiff and the minor children 8 Ordering the defendant to relinquish to the sherifl's depal1ment any weapons which he o\\ns or possesses. and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Protection Order 9, Granting support to the plaintiff and the minor children in the amount ofs 140 00 per week payable to the plaintiff in the fonn of a chetk or money order. mailed to her residence; ordering the defendant to continue to provide health coverage for the plaintiff and minor children; ordering the defendant to pay all of the unreimbursed medical expenses of the plaintiff andlor the panics' minor children to the provider or to the plaintiff \\hen she has paid tbr the medical treatment. pending an Order entered through the Cumberland County Domestic Relations 0t1ice I 4. Alec E. Failor was born out of wedlock. Joshua P. Failor was not born out of wedlock. 5. The children are presently in the custody of Cheryl A. Failor, who resides at 1387 Zimmerman Road, Carlisle, Pennsylvania 17013. 6. During the past five years, the children have resided with the following persons and at the following addresses: Plaintiff and Defendant 110 Hillside Drive August, 1992. May, 1993 Ml Holly Springs, 17065 PIaintItf and Defendant 1008 Rebecca Street May, 1993. August 3, 1997 Ml Holly Springs. 17065 7. The mother of the children is Cheryl A. Failor, currently residing at 1387 ZImmerman Road, Carlisle, Pennsylvania 17013. The mother is married. S. The father of the children is Eugene E. Failor, Jr.7, currently NSIdlng at 1008 Rebecca Street. Carlisle, Pennsylvania 17013. The father is married. 9. The relationship of plaintiff to the children is that of father. The plaintiff aJI,..1tIy resides with the following persons: Name R8I8tlonshlp None 10. The relationship of defendant to the children is that of mother. The defendll'1t currently resides with the following persons: Name AI8c E. Failor Joshua P. Failor Sherry MIller Allen Miller Kyle Miller Ben Miller R.....onshlp San San Sister Brother-in-law Cousin Cousin CIIERYL ANN FAILOR. Plaintilr IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, EUGENE ERNEST FAILOR. JR. Defendant NO 97-4352 CIVIL TERM PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this ,~Q- day of October, 11)1)7. upon consideration of the Consent Agreement of the parties, the following Order is entered The defendant. Eugene Ernest Failor. Jr. is enjoined from physically abusing the plaintiff. Cheryl AM Failor. or from placing her in fear of abuse 2 The defendant is enjoined from having any direct or indirect contact with the plaintiff including. but not limited to. telephone and written communications. except for the limited purpose offacilitating custody arrangements 1 The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relati\'eS 4 The defendant is prohibited from entering the plaintiffs place of employment 5 The defendant is prohibited from removing. damaging. destroying or selling any property o\\ncd by the plaintiff or jointly owned by the parties 6 The defendant is ordered to stay away from the plaintiffs current residence located at 1367 Zimmerman Road. Carlisle, Cumberland County. Pennsyl\'ania. and is ordered to stay a\\ay trom any residence the plaintiff may in the future establish for herself. e'lcept for the limited purpose of transferring custody 7 The defendant is ordered to pay interim support in the amount of 510000 per WL'Ck payable to the plaintill' in the IlJrm of a check or money order, mailed to her residence. pending the entry of an order by the Cumberland County Domestic Relations Office Any interim support payments shall be credited to the defendant's support obligation, The defendant shall commence weekly interim support pa)menlS of $ I 00 00 to the plaintilT within (2) days of the entry of the Protection Order and each Friday thereafler pending the entry of an order by the Cumberland County Domestic Relations Office, 8 Court costs and fees are waived 9, This Order shall remain in elTect for a period of one ( I) year and can be extended beyond that time if the Court linds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintilT, This Order shall be enforceable in the same manner as the Coun's prior Temponuy Protection Order entered in this case 10 This Order may subject the defendant to i) arrest under 23 PaCS *6113; ii) a private criminal complaint under 23 PaeS ~6113 I, iii) a charge of indirect criminal contempt under 23 Pa,eS ~114, punishable by imprisonment up to six months and a line of $10000- $1.000 00, and iv) ch'il contempt under 23 PaC S *61141 II, The Pennsylvania State Police and North Middleton Township Police Department shall be provided with a certilied copy of this Order by the plaintil1's 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 the police olTlCer In the e\'ent that an arrest is made under this section. the defendant shall be taken without unnecessary delay before the court that issued the order When that court is unavailable, the defendant shall be taken before the appropriate district justice 123 Pa,C.S ~61 13) By the cou~Y ) Joan Carey LEGAL SERVICES. INC. Attorney fOf Plaintiff ,...t.<<- ,h'~'..t 16/,e/9'1, - -. ..J ,,~ Peter J Russo Attorney fOf Defendant . CHERYL ANN FAILOR, Plaintitf IN TIlE COURT OF COMMON PLEAS OF CUMHERLANIl COUNTY, PENNSYLVANIA v, EUGENE ERNEST FAILOR. JR. Defendant NO 97-4352 CIVIL TERM PROTECTION FROM ABUSE CONSENT AGREEMENT '1'- This Agreement is entered on this 8_ day of October. 1997, by the plaintiff. Cheryl Ann Failor. and the defendant. Eugene Ernest Failor, Jr The plaintiff is represented by Joan Carey of LEGAL SERVICES. INC. the defendant is represented by Peter J Russo, Attorney at Law The panies 8b'fee that the following may be entered as an Order ofCoun The defendant. Eugene Ernest Failor, Jr. agrees to refrain from abusing the plaintiff, Cheryl Ann Failor, or rrom placing her in fear of abuse 2 The defendant agrees not to have any direct or indirect contact with the plaintiff including. but not limited to, telephone and written contmunications. except for the limited purpose of facilitating custody arrangements 3 The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives 4 The defendant agrees not to enter the plaintiffs place of employment 5 The defendant agrees not to remove. damage. destroy, or sell any property owned by the plaintiff or jointly owned by the panies b The defendant agrees to sta\' a\\ay trom the plaintiffs current residence located at IJb7 limmennan Road. Carlisle. Cumberland County. Pennsyhania, and he agrees to stay away trom any residence the plaintitf may In the future establish tor herself, e"(cepl for the limited purpose of transferring custody 7, The defendant agrees to pay interim support in the amount of Sloo,oo per week payable to the plaintiff in the fonn of a check or money order mailed to her residence pending the entry of an order by the Cumberland County Domestic Relations Office, Any interim support payments will be credited to the defendant's support obligation, The defendant agrees to commence weekly interim support payments of Sloooo to the plaintiff within (2) days of the entry of the Protection Order and each Friday thereafter pending the entry of an order by the Cumberland County Domestic Relations Office, 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 ",ill be in effect for a period of one (I) year and can be extended beyond that time if the Court tinds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indica:es risk ofhann to the plaintiff The defendant understands that this Order will be enforceable in the same manner as the Coun'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, ~ 113; ii) a private criminal cl'mplaint under 23 Pa C, S, ~ 113, I; iii) a charge of indirect criminal contempt under 23 Pa C S ~114. punishable by imprisonment up to silt months and a tine ofSlOO oo.SI.OOO 00; and iv) civil contempt under 23 PaC S ~I 14,1, WHEREFORE. the rtJ lli~ L Cheryl Ann Itr-Ior. Plaintiff '1 U: ~l~~~~~1t~mift:. 8 If\ine Row Carlislt. PA t70n ies request that a Protection Order be entered to rel1ect the above , ,l ,: ~ I/~J~ '/ " ....'--/ ,1~ ~~......,L.~'- ./ f I . ... ,C\ -----rT-..,-----...A . Eugefte Ernest Failor. Jr . Der. ' cJlt.~~_. ~? ,.::=---- Peter J, Russo. Attorney for Defendant () I West loothcr Street C'arlislt. PA 1701l.2'Hb 17171249.2721 . ~ EUGENE E. FAILOR, JR., . IN THE COURT OF COMMON PLEAS OF . Defendant CUBERLAND COUNTY, PENNSLYVANIA . . v. . . CHERYL A. FAILOR, NO. 97-4352 Plaintiff . PROTECTION FROM ABUSE . ORDER AND NOW, this l1jj """ day of October, 1997, upon , consideration of Eugene E. Failor, Jr.'s Petition to Return Weapons, a Rule is hereby ISSUED upon the Plaintiff to show cause why the relief requested should not be granted . ~ ~ RULE RETURNABLE within ~ days of service, ~~~ ,. J. f/1 CHERYL ANN F AlLOR. Plaintiff , IN THE COURT OF COMMON PLEAS OF v. EUGENE ERNEST FAILOR. JR.. Defendant : CUMBERLAND COUNTY, PENNSYL VANIA . NO, 97. ".,c3S;;- CIVIL TERM : PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this ~ of August, 1997, upon presentation and consideration of the within Petition. and upon finding that the plaintiff. Cheryl Ann Failor. temporarily residing at 1367 Zimmerman Road. Carlisle. Cumberland County. Pennsylvania, is in immediate and present danger of abuse from the defendant. Eugene Ernest Failor. Jr" the foUowing Temporary Order is entered. The defendant. Eugene Ernest Failor. Jr, lSSN: I 68-48-3237)(DOB: 8/17/66). now residing at 1008 Rebecca Street, Carlisle. Cumberland County. Pennsylvania. is heRby enjoined from physically abusing the plaintiff. Cheryl Ann Failor. or from placing her in fear of abuse, The defendant is ordered to stay away from the plaintitl's current residence located at 1367 Zimmerman Road, Carlisle. Cumberland County. Pennsylvania, a residence owned by the plaintiffs sister and brother-in-law. Sherry and Allen Miller. to which the plaintiff and the minor children moved to avoid abuse. which is not owned or leased by the defendant. and is ordered to stay away from any residence the plaintiff may in the future establish for herself: except for the limited purpose of transferring custody of the panies' children. The defendant shaD remain in his vehicle at :all times during the transfer of custody, The defendant is ordered to refrain from ha\ing 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 amnsements The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives, or the parties' minor children, The defendant is enjoined from entering the plaintiff's place of employment and the school and day care facility of the parties' minor children, The defendant is enjoined from removing. damaging. destroying or seUing any propeny owned jointly by the parties or owned by the plaintiff', A violation of tbis Order may subject tbe defendant to: i) arnst under 13 Ps.C.s. 16113: ii) a private criminal complaint under 13 Ps.C.S. ~6113.1; iii) a charge orindirect criminal contempt under 13 Ps.C.S. ~1I4. punisbable by imprisonment up to siI months and a fine of 5100.60-51.000.00; and iv) civil contempt under 13 Ps.C.S. ~114.1. 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 an act of abuse or has engaged in a pattern or practice that indicates risk ofhann to the plaintiff. Temporary custody of Alec Ernest Failor and Joshua Paul Failor, is hereby awarded to the plaintiff. Cheryl Ann Failor, pending funher Order of Court after conciliation conference scheduled in the matter. In the interim. the defendant sha11 have periods of partial custody with the children on dates and times mutually agreed upon by the parties, The defendant is ordered to relinquish to tbe sberifrs department any weapons whicb be owns or possesses lhandguns. riOes. sbotguns. compound bow and amlws). and tbe defendant is probibited from acquiring or posswlng any weapons for tbe duration of this Order. A HEARING SHALL BE HELD ON THIS MA TIER ON AUGUST 15./11. 1997. AT ~: 4.5 A.M.. IN COURTROOM NO. ;) . OF mE CUMBERlAND COUNTY COURmOUSE. CARLISLE. P['~NSYL V ANlA. The plaintiff may proceed without pre-payment of fees pending a fUrther order after the hearing, The Cumberland County Sheriffs 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 sha1l be docketed in the office of the Prothonotary and fOlWarded to the Sheriff for service. The Prothonotary sha1l not send a copy of this Order to the defendant by mail. The Pennsylvania State Police sha1l be provided with a certified copy of this Order by the plaintiffs attorney, This Order sba1l be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated. whether or not the violation is committed in the presence of the police officer, In the event that an arrest is made. under this section. the defendant shal1 be taken without unnecessary delay before the court that issued the order, When that court is unavai1able. the defendant sba1l be taken before the appropriate district justice, (23 Pa.C,S, ~6113). By the Coon. ~ F4f( J3. ~I~ Judge Joan Carey LEGAL SERVICES. INC. Attorney for P11intiff Peter 1. Russo Attorney for Defendant in Custody TRUE copy FROM F~.~F\:' In T~ wl\el1lti,1 tw. \lil\~ "'ll ~I twli~: and U\8~ of said Coufllt C;n:~. PI. r"i~J~t;~I~~~~?7 ProU\OIIOW'f CHERYL ANN FAILOR. Plaintiff : IN mE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. EUGENE ERNEST FAILOR. JR., Defendant : NO, 97. CIVIL TERM : PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTEcnON FROM ABUSE ACf.23 Pa.C.5. g6101 et seq. A, ABUS& 1. The plaintiff: Cheryl Ann Failor, is an adult individual temporarily residing at 1367 Zimmerman Road, Carisle. Cumberland County, Pennsylvania 17013, 2. The defendant, Eugene Ernest Failor. Jr, (SSN: 168-48-3237)(ooB: 8/17/66), is an adult individual residing at 1008 Rebecca Street.. Carlisle. Cumberland County, Pennsylvania. 17013, 3, The defendant is the husband of the plaintiff and the fiuher of the parties' two sons, Alec Ernest Failor and Joshua Paul Failor. 4. Since approximately 1995, the defendant has attempted to cause and has intentionally, IcnowinsJy. or recldess1y caused bodily injury to tbe plaintiff: bas placed her in reasonable fear of imminent serious bodily injury, bas knowingly engaged in a course of conduct or repeatedly conunitted acts toward the plaintiff'including foUowing the plaintiff' without proper autborization. under cirtumstances which have placed her in reasonable fear of bodily injury, This bas included. but is not limited to, the foUowing specific instances of abuse: I) On or about August J 1997. at approximately 11:30 a.m., the defendant IU up tbe stairs to where the p1aintiffwu with the parties' sons. 60-year-old Alec, and ;:.year-old Joshua, and screamed. "You're not going to pull this !hit 011 me!", stood close to her face. and yelled at her demanding that she give him the keys to the vehicle. (The plaintiff telephoned the police earlier that day, and they advised her to hide the keys from the defendant. whose license has been suspended. so he would not drive the vehicles,) When the plaintiff told the defendant that she would not give him the keys until he got a valid driver's license, he threatened her saying. ~You'd bener hope I find those keys or you're in trouble,~ After searching for the keys, the defendant returned to the plaintif( pushed his fist against the side of her mouth, threatened to ~swetr' her jaw if she did not give him the keys, picked her up off of the l100r from behind by wrapping his anns around her waist, squeezed her, and dropped her to the floor, The defendant telephoned his father and the plaintiff heard the defendant say, ~Y ou' d bener come pick me up before I kill this IUclcing whore," The panies' children were both crying and traumatized by this incident, Before the defendant left with his father he dismantled the panies' truck so that the plaintiff couId not drive it. The defendant returned to the home later that day at approximately 5:30 p,m, and when the plaintiff: who was holding their :!.year-old son, Joshua. wa1lted in the house behind the defendant. he grabbed Joshua by the arm. pulled him from the plaintiff s anns and dropped him onto the couch. pushed the plaintiff against the furniture, and used his body to block the plaintiff from getting into the bathroom to get away from him. The defendant told the plaintiff to ~get the lUck out~ The plaintiff took the panies' children and went to stay with her sister and her family to a\'Oid funher abuse and for her protection, b) On or about August I. 1997, the defendant telephoned the plaintiff at her sister's home whefc she and the panies' children were visiting. came to the home unin\ited. demanded that she return home with him immediately, and when she refused to leave with him. the defendant became verbally abusive, He refused to leave the propeny despite the plaintifrs sister, Sherry Miller, asking him to leave several times, When Ms, Miller tdephoned the Pennsylvania State Police for help. the defendant threatened the plaintiff as he left saying. "You'll go down." The plaintiff feared for her safety and stayed at her sister's home with the children that night. c) In or about mid-July, 1997, the defendant threaten:d the plaintiff saying. "I could just punch you in the face," When the plaintiff told the defendant she would have him arrested if he struck her, he threatened, "Not today, but the day I leave I'll beat your face in,M d) In or about 1995, the defendant threatened the plaintiff saying. "You know I hunt. and I know places where to bury you,n When the plaintiff told the defendant that she did not want to stay in the marriage, he threatened her saying. "If you leave me. I'll kill you and bury you somewhere where nobody will find you. and then I"Uleave the country." e) Since approximatdy 1995, the defendant has abused the plaintiff" on a monthly basis in ways including. but not limited to, threatening to strike the plaintiff. restraining her by holding her by the antIS. using his body to block her from leaving. and pinning her on the bed by holding her arms down. The defendant has also threatened the plaintiff with harm and on 5e\'CfIl occasions has threatened to kill her. The defendant owns and possesses several weapons and the plaintifffean for her safety, S. On or about August 3, 1997, the plaintiff and the parties' two minor children left their residence at 1008 Rebecca Street, Carlisle, Cwnberland County, Pennsylvania, in order to avoid funher abuse. 6, The plaintiff believes and therefore avers that she is in inunediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 7, The plaintift' desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and wrinen communic:ations. except for the limited purpose of facilitating custody arrangements, 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintift and from harassing her relatives. or the minor children. 9. The plaintiff desires that the defendant be restrained from entering her plac:e of employment and the school and day care facility of the minor c:hildren, 10, The plaintiff desires that the defendant be enjoined from removing, damaging. destroying or selling any property owned jointly by the panies or owned by the plaintiff. II. The plaintiff desires that any weapons that the defendant owns or possesses (handguns. ritles. shotguns. compound bow and arrows) be confisc:ated by the Sheriff's Department and that the defendant be prohibited from acquiring or possessing any weapons for the duration of the Temporary Protection Order, JL...~PJJ$lVE POSSmm 12. The plaintiff's c:urnnt temporary residence at 1367 Zimmerman Road. Carlisle. from which the plaintiff is asking the Coon to order the defendant to stay away is owned in the rwnes of Sherry and Allen Miller. the plaintiff's sister and brother-in-law, and the defendant has never resided there, The defendant remains in the marital residence. and the plaintiff does not wish to exclude him from that residence. 13, The plaintiff desires the defendant to provide suitable alternate housing for her and the minor c:hildren. C. S'Qr~BI 14, The defendant has a duty to suppan the plaintiff and the minor children. 15. The plaintiff is in need of financial suppan from the defendant including. but not limited to: continued health insurance coverage for herself and the children, payment of unreimbursed medical expenses for herself and/or the children. 15. The defendant is employed at Frog Switch Manufacturers. Carlisle. Pennsylvania. and earns an hourly wage of approximately S14,38, 16. The plaintiff's income is insufficient to provide for her minimal needs and those of the children until such rime as a suppon order can be obtained by 6Jing at the Domestic Relations Office. E 17, Ordering the defendant to pay $250,00 to Cumberland County, one of Lepl Services. Inc. 's funding sources. in lieu of attorneys' fees, as reimbursement for the cost of litigating tbis case and u$eSsing the S2S, 00 surcharge lIIld court costs to the defendant if the case goes to hearing. 18. The plaintifFseeks temporary custody of the following children: I1uDs Alec Ernest Flilor Adlkm 1367 Zimmennan Road Carlisle, P A All 6 years old 008: 6I29m Ioshua Paul Failor 1367 ZimllICfllWl Road 2 years old Carlisle. PA 008: August 24. 1994 Alec Ernest Failor was born out of wedlock; Ioshua Paul Failor was not, The children are presently in the custody of the plaintiff. Cheryl Ann Failor, who temporarily residcs at 1367 Zimmerman Road. Carlisle. Cumberland County, Pennsylvania. During the past five years the children have resided with the following persons and at the following addresses: l'!!m! Plaintiff, her sister and brother-in-law, Sherry and Allen Miller, and their children. Ben Miner and Kyle Miller Plaintiff and defendant 1008 Rebecca Street From August. 1992 Carlisle. P A to August 3. 1997 The plaintiff. the mother ofthe children. is Cheryl Ann Failor, currently residing at \367 i:\lI~ms 1367 Zimmerman Road Carlisle. P A J!!1n From August 3, 1997 to the present Zimmerman Road. Carlisle. Cumberland County. Pennsylvania. She is married, The plaintiff currently residcs alone to the best of the plaintiffs knowledge, The defendant. the father of the children. is Eugene Ernest Failor. Jr,. currently residing at 1008 Rebecca Street.. Carlisle. Cumberland County. Pennsylvania, He is married. 19. The plaintiff has not previously panicipated in any litigation concerning custody of the above mentioned children in this or any other Coon, 20. The defendant tiled a Complaint for Custody of the panics' children on August 6, 1997, (FAILOR. Jr. v. FAD-OR. Cumberland Co., No. 97-4Ul, Custody) see attached Exhibit A, Incorporated aad made a part hereof. A conciliation date has not been scheduled in the custody case at the time of tbe filing of this Petition, 21. The plaintiff does not know of any person not a pany to this action who bas physical custody of the children or claims to have custody or visitation rights with mpect to the children, 22. The best interests and permanent welfare of the minor children win be met if custody is temporarily granted to the plaintiff pending fiJnher Order of Court after a conciliation conference in the custody matter for reasons including: a) The plaintiff has provided for the emotional and physical needs of the children since their binhs and she is a responsible parent who can best take care of the minor c:hildren. b) The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor children. WHEREFORE., pursuant to the provisions of the .Protection from Abuse Act. of October 7. 1976. 23 p, S, ~ 1 0 1 Cl SQ.. as amended. the plaintiff prays this Honorable Court to grant the following relief: A Grant a Temporary Order pursuant to the .Protection from Abuse Act:. I. Ordering the defendant to refrain from abusing the pIaintift' or from plac:ing her in fear of abuse, 2. Ordering the defendant to refrain from having any direct or indin:c:t c:ontac:t with the plaintiff including. but not limited to. telephone and written c:onununic:ations, eltc:epl for the limited purpose of Iiu:ilitating custody arrangements. 30 Ordering the defendant to refrain from harassins and stalkins the plaintiff and from harassins her relatives and the minor children. 4. ProIu'biting the defendant from entering the plaintift's pIac:e of employment and the school and day care fac:ility of the minor children. 50 Prohibiting the defendant from removing. damalPns. destroyina or selling pi operty jointly owned by the parties or owned by the plaintiff. 6, Ordering the defendant to stay away from the plaintiffs current residence located at 1367 Zimmerman Road.. Carlisle. Cumberland County, Pennsylvania. which the panies have never shared. and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself 7, Ordering the defendant to provide suitable alternate housing for the p1aintift' and the minor children. 8. Granting temporary custody of the minor children to the plaintiff pending further Order of Court after a conciliation conference scheduled in the custody matter, In the iaterim. the defendant sha1I have periods of paniaI custody with the children on dates and times mutually agreed upon by the panies, 9. Ordering the defendant to relinquish to the sheriffs depamnent any weapons which he owns or possesses, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Temporary Protection Order, 8, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act." and. after such hearing. enter an order to be in effect for a period of one year: I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indiRct contact with the plaintiff iJlduding. but not limited to, telephone IIld written communications. except for the limited purpose of ficiliwiDs custody arrangements. J, 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 plaintiffs place of employment and the school and day care facility of the minor children. S. Prolu'biting the defendant from removing. damaging. destroying or scI1ing property jointly owned by the parties or owned by the plaintiff. 6, Ordering the defendant to stay away from the p1aintift's current residenc:e located at 1367 Zimmerman Road. Carlisle. Cumberland County, pennsylvania. which the parties have never shared. and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 7, Ordering the defendant to provide suitable alternate housing for the p1aintitr and the minor children. 8, Ordering the defendant to re1inquish to the sherift's department any weapons which he owns or pos~ses. and prolu'biting the defendant from acquiring or possessing any other weapons for the duration of the Protection Order, 9, Granting support to the plaintiff and the minor children in the ll110unt of $140.00 per week payable to the pIaintilfin the form ofa chec:It or money order, mailed to her residence; ordering the ddet1dant to continue to provide health coverage for the p1aintitr IIId minor children; orderins the defendant to pay all of the UIlRimbuned medica1 expen5('1 of the plaintiff and/or the parties' minor children to the provider or to the plaintiff when site has paid for the medica1 treatment, pending III Order entered through the Cumberland County Domestic Relations Office. 10, Ordering the defendant to pay 5250,00 to Cumberland County, one of LcgaI Saviccs. Inc. 's limding sources, in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assessing the 52S, 00 surcharge and coon costs to the defendant if the case goes to hearing. II. Granting temporary custody of the minor children to the plaintiff pending funher Order of Coon after a conciliation conference scheduled in the custody matter, In the interim. the defendant sball have periods of panial custody with the children on dates and times mutually agreed upon by the partics. The plaintiff funhcr asks that this Petition be filed and served without payment of fees and costs by the plaintitt pending a funher order at the hearing, and that a certified copy of this Petition and Order be dclivcred to the Pennsylvania State Police which has jurisdiction to cntlme this Order. The plaintiff prays for such other relief as may be just and proper, Rcspec.tfu1ly submitted, d:c:.,~- LEGAL SERVlCES.INC. 8 Irvine Row Carlisle. P A 17013 (717) 243-9400 PETER J. RUSSO, ESQUIRE PA Supreme Court 10: T2J3g'l 61 West I..oulher Street Carlisle, PA 17013 (717) 249-2721 Att1Jmey fer Plaintiff EUGENE Eo FAILOR, JR., Plaintiff IN ntE COURT OF COMMON P1.EAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- L/;J.31 6t~h~ CML ACTION. LAW ClJS'1'QDV . . . . . . v. . . . . CHERYL A. FAILOR, D...-nt . . ,- ,~ ~~ _"I ..., -: . , ~ ~ Cl ,:] I '." ,. .....= ':,;l~ .~ - .. ~:~~ '. - . . ,. . . - :- :;.; -, 11' -.. AND NOW, ccmes the PlaintIff, Eugene e. Failor, Jr., by and through his attcmey, Peter J. Russo. E:squIr8. and respec:tfully submits the foIIawing in support at Ptaintlfrs Complaint fer Custody: 1. 'The ptaintilf is Eug- Eo Failor, Jr., residing at 1008 Rebecca Street. CarlIsle, PennsylvanIa 17013. 2. 'The Oefendant is CtI.y1 A. FaIlor . residing at 1387 ZJmmennan Road, Carll" PennsylvanIa 17013. 3. P1ai..1tIr .81r;s 0 rrty at the fallowing children: HImI Alec e. Failor p~ M'Il.fIIIIIlImi 13&7' ZIII.mennan Road CartIste, PA 17013 13M'itMM~ Road CartIste, PA 17013 asm 7129191 Jcshua P. FsiIor 8I2!5J94 EXHIBIT A 4. Alec E. Failor was born out at wedlock. Joshua P. Failor was not born out at wedlock. 5. The ctlildtan are presently in the custcdy at Cheryl A. Failor, who resides at 1387 ZImmerman Road. CarfisJe, F'er.nsylvania 17013. 6. During the past five years, the children have resided with the following perscns and at the following addresses: Plaintiff and Defendant 110 Hillside Drive August, 1992 - May, 1993 Ml Holly Springs, 17C65 Plaintiff and Defendant 1008 Rebecca Street May, 1993 - August 3. 1997 Ml Holly Springs. 17C65 1. The mcther at the children is Cheryl A. Failor, a.u ...ntJy residing at 1361 ZImmerman Road, CarlIsle, PennsylvanIa 17013. The mother is married. 6. The father at the children is Eugene E. Failor, Jr.7, CUlT.. dt'f residing at 1008 Rebecca Street, CarlIale. Pennsytvania 17013. The rather Is married. 9. The relationship at plaintltf to the children is that at father. The plaintiff CJIT8ntIy resides with the follawing pensans: Nam. Relatlonshfp None 10. Th. reIatlonshlp at defendant to the children is that at mather. The dlf8l tdant o...'_ltlf resides with the following persons: Name Alec E. Failor Jcshua P. FaiJcr Sheny MlIJer Allert MIller Kyte MIller Ben Miller R.....anlIhtp Son Son SIst8r a..AJ _ ';.,-law Cousin Coosin 11. ............ "'" __ as a pany '" witnea, ... in ....,.. "'-'Y. In ""'" 'Ilgatian ~ ... ~"""'v "'''' -In lID ... _...... '2. __.... no '-nadan ""~'=dy """""""'...._ ning..._ P8I1dlng in a caurt of this CcmrnOl'1W8alfh. 13. PIeinIJIr_ ""'-"'. _ "'" apany",... "'-'!ls_.... ~ ~"""'v "'... _... _ '" _ "-dy ............ /ighIs '"'"....... fa the chUcI. ,.. 1Ino boot ....... ... "'"'-_ '" ... _ will"" _ by J2lacing IegaJ and prirnary physicaf t'!f~dy at the childnln With Plai.ltltr. W1f1!llEFoJn;, .......... _ lID .......... Cout '" ..... .... ""'"-Y ""-... '- ~'"'cdy "'... -..lib.... _ e. Molar...Jaonua P. __ "" placed With Pfail am. 0..: ~ SUbmittId. r2L-1'7"\ ~.. ~~ AttarneyfarPflilItJlr . CHERYL ANN FAILOR. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. EUGENE ERNEST FAILOR. JR., Defendant : NO. 97-4352 CIVIL TERM : PROTECTION FROM ABUSE CONSENT AGREEMENT This Agreement is entered on this _ day of October, 1997, by the plaintiff. Cheryl Ann Failor, and the defendant, Eugene Ernest Failor, Jr. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INe.; the defendant is represented by Peter J. Russo, Attorney at Law. The parties agree that the following may be entered as an Order of Co un. I. The defendant, Eugene Ernest Failor, Jr., agrees to refrain from abusing the plaintiff. Cheryl Ann Failor, or from placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited 10, telephone and written communications. except for the limited purpose of facilitating custody arrangements. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives. 4. The defendant agrees not 10 enter the plaintift's place of employment. S. 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 away from the plaintiffs current residence located at 1367 Zimmerman Road, Carlisle, Cumbcrland County, Pennsylvania. and he agrees to stay away from any residence the plaintiff may in the future establish for heneI( except for the limited purpose oftranstming custody . - - . 7. The defendant agrees 10 pay inlerim support in Ihe amount of $100.00 per week payable to the plaintiff in Ihe form ofa check or money order mailed 10 her residence pending the entry of an order by Ihe Cumberland County Domestic Relations Office. Any interim support paymenls will be credited 10 Ihe defendant's support obligation. The defendant agrees to commence weekly interim support payments of $100.00 10 the plaintiff within (2) days of the entry of the Protection Order and each Friday thereafter pending Ihe entry of an order by the Cumberland County Domestic Relations Office. 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 (I) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 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.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 of $ 100.00-$ I ,000 00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. WHEREFORE. the parties request that a Protection Order be entered to reflect the above terms. Cheryl Ann Failor, Plaintiff Eug Ernest Failo~, Jr., Glt-Q-- Peter J. Russo, Attorney for Defendant 61 West Louther Street Carlisle, PA liOl3-2936 (717) 249-2721 Joan Carey, Attorney for Plaintiff LEGAL SERVICES. lNC, 8 Irvine Row Carlisle, PA 17013 .. ....._---.,