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HomeMy WebLinkAbout97-04459 J .~ ~ V) VI ~ ...( -h ... ~ VJ '. ...... . ... .:) .... ~ ::,.. ::,. ~I ~I ! / j t Christie M. Smith, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY. PENNSYLVANIA NO. 97- Y'f\7CIVIL TERM Chad M. St ine. Defendant PROTECTION fROM ABUSE AND CUSTODY AND NOW, this ~~RARY PROTECTION ORD~H _._\~ day of August, 1997, upon present at ion and consideration of the within Petition. and upon finding that the plaintiff, Christie M. Smith, now residing at S Adams Street. Apartment 9, Enola. rumberland County. Pennsylvania. is in immediate and present danger of abuse from the defendant, Chad M. Stine. the following Temporary Order is entered. The defendant, Chad M. Stine, (SSN; unknown and date of birth: 7/1/701, whose present residence is unknown to the plaintiff, is hereby enjoined from physically abusing the plaintiff, Christie N. Smith. or from placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at S Adams Street, Apartment 9, Enola. Cumberland County, Pennsylvania, a residence which Is leased solely by the plaintiff, which the defendant voluntarily left on August Il. 1997, and any other residence the plaintiff .ay establish, e.ccpt for the limited purpose of transferrin, custody ol the partl"s' child, The delendant ",hall n_In In his vehicle I t ! Ilt all tiMs durin_ the trlln.f...r of custody. The delendant i... .1r,lere" 10 ,..fnin h01ll ha"in. any dlr..ct ~ or in.lire.::t contllcl wilh the rlllllll if( ind'hlinll, but not liait" The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees. but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Pennsylvania State Police and the East Pennsboro Police Departments will be provided with certified copies of this Order by the plaintiff's attorney. This Order shall 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 shall be taken without unnecessary delay before the court that issued the order. When that court is unavai 1able, the defendant shall be taken before the appropriate district justice. (23 Pa.e.s. . 6113). - By the Court, ~ . Christie M. Smith, Plaintiff J N TIlE COURT OF COMMON PLEAS OF CUMRERLAND COUNTY. PENNSYLVANIA v. NO. 97- CIVIL TERM Chad M. 5t ine. Defcndant PIWTECT I ON FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice arc served. by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you. and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or propcrty or other rights important to you. FEES-ANU COSTS If the case goes to hearing and the judge grants a Protection Order. a surcharge of $25.00 will he assessed against you. You may also be required to pay attorney fees to legal Services. Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one. go to or telephone the office set forth below to find out where you can Ret 1eAal help. COURT AOM1NI5TFATOR, 4th flOOR CUMBFRI.AND COl'NTY COllRTHOUSE CARLISLE, PENNSYLVANIA 17013 TEI.EPHONE NUMRFR: 17171 240-6200 ^"~UCMlS 'Uti 0 tSA!H 1.1 T ,t;l!.~t.T_O.l UJO The Court of COMMOn Pleas of cumberlllnd County Is req\llred by IlIw to comply with the Americans with Disabilities Act of 1990, for information about accessible racillties 4nd reasonable ace~dations available to disabled indl~lduals havinl husiness ~erore the court. plt'a!u! ('ontaet our orrin'. All arflln,e..ent" 81U.t be ..de at least n hour!'! prior It, any hear in!! "H I>u..'n""" b~r.'H' the COlttt. You m,ut attend the scheduled ~o"re'ence or he4fin., a. On or about August 13, 1997, the defendant pushed the plaintiff twice with both hands once causing her to fall backwards into a chair and threw her clothing and shoes around the bedroom. b. On or about July 22, 19'17, the defendant pushed the plaintiff, spit in her face, slapped her across the face, and grabbed her by the hair. When the plaintiff asked the defendant to leave her residence, he refused, picked her up by her arms, and threw her onto the couch. c. On or about July 13, 1997, the defendant pushed the plaintiff and slapped her across the face. When the plaintiff attempted go to sleep, the defendant jumped on top of her, pinned her arms down to the bed, and threatened to have sex with her without her permission. The defendant threatened that if she went to sleep. he would be dead before she woke up in the morning. The defendant put a belt around his neck and hanged himself at the bottom of the bed until he turned purple causing the plaintiff to fear ror her safety. d. On several occasions since August 1995, the defendant has punched, slapped. restrained the plalntier. thrown objects at her, pushed and shoved her. thrown her Into the pantry, attempted to throw her down the stairs. hit her In the back with a baseball 1 but, und hit her in back und the buck of her leg with u hanger. When the plaintiff wus pregnunt, the defendant pushed her into the counter causing cramps and bleeding. On several occasions in the past and increusing in the present, the defendant has threatened to kill the plaintiff and threatened to kill himself causing her to fear for her life. 5. 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. 6. 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 of facilitating custody arrangements. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment or the day care facility of the minor child. 9. The plaintiff desire~ that the defendant be enjoined from relllOV i nil. llllmllg i ng. dC5 t ro,- i OJ or ..e 11 i nM Any proper t)' owned jointl, by the pArtie~ or owned solely by the p1llintiff. ) 16. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 17. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor child and has provided for the emotional and physical needs of the children since her birth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. WHEREfORE, pursuant to the provisions of the .Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. I 6101 ~ ~., a. amended. the plaintiff prays this Honorable Court to grant the foIl owl nl re 1 i e f : A. Grant a Temporary Order pursuant to the "Protection froM Abuse Act:. 1, Order In, the defendant to refrain from abusin, the plaintiff or from placln, her 1ft r.at of abll'liC, to 2. Ordcring the defcndant to rcfrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment or the day care facility of the minor child. S. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at S Adams Street, Apartment 9, Enola, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, except for the limited purpose (If transferring custody of the parties' child. The defendant shall remain in his vehicle at all times during the transfer of custody. '7. Granti nl tt'lIIpofa ry cus! otly of the ml nor child to the plaintiff. . B. 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 indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4, Prohibiting the defendant from entering the plaintiff's place of employ.ent or the day care facility of the minor child. S. Prohlbitina the defendant fro. reeavlng, da.aglnl. destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay a..y from the plaintiff's residenee located at S Ad.as Street, Apart..nt 9, lnola. C~ab.rl.nd co~nty. Pennsylvania, and aft' othe, residence the ~ plaintiff may establish, except for the limited purpose of transferring custody of the parties' chi 1dren. The defcndant shall remain in his vehicle at all times during the transfer of custody. 7. Ordering the defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. The plaintiff further asks that this Petition be filed and served without payment of fecs and costs by the plaintiff. pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Pennsylvania State Police and the East Pennsboro Police Departments which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II ~USTOOY illfnK!L..uJf~ II CUSIQDJ-1AI 19. The allegations of Count I above are incorporated herein as if fully set forth. 20. The best interest and permanent welfare of the ainor child will be served by confirming custody in the plaintiff as set forth in paragraph 18 of the petition. WlIUf.fOltf:, pllr!luant to H Pll,C.S. I ~JOI 1\ HIl., And other applicable rules and la., the plaintiff pra~s Ihis Honorable It Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle. PA 17013 (7171 243-9400 Itl Chr ist ie M. smi th. Plaint iff IN TilE couln OF COMMON PLEAS OF CUMIIERI,AND COUNTY. PENNSYLVANIA v. NO. 97-4459 CIVIL TERM Chad M. St ine. PROTECTION FROM AIIUSE AND CUSTODY Defendnnt NOTION fOR CONTlNlJANC~ The plaintiff; by the through her attorney. Joan Carey of Legal Services, Inc., movcs the Court for an Order continuing gcnerally thc hearing in the abovc-captioncd casc on the grounds that: 1, A Temporary Protcction Order was issued by this Court on August 18. 1997, scheduling a hcaring for August 27, 1997, at 8;30 a.m. 2. The plaintiff served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on August 18, 1997. at 5 Adams Street, Apartment 9, Eno1a, Pennsylvania. J. The defendant agrees that the hearing be generally continued to afford the parties time to execute a Consent Agreement. 4. The plaint Iff does IlIH oppo...e a cont inuflnce but requests that the Tl'IIlIHIUry Prote\:t ion Order relllain in efhct until eodifled or terminated by the courl after notice or heAring. S. ('ertifie.1 .:Ol'i.". of the ohh,'r ,,'If ('on!tnu.nte will be ,Ieli.cr"," to !h\' Pennsyh"ni.. 1>t<li.. 4n.\ r..'1i 1'enn"I>.'ro ('..lit,*, (1eparlt!l"IH.. t1, Ilw all"r"'-} r,,, Ill.. {'",.n! II! D .D (") r<; -J -n --,;, r-" ~ -. " '.3 ., 4 N ; " ) -, ~~ .~ , :n ;,,,: :,.1 ,; . , '. ,- ~1 .', (:> -,