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HomeMy WebLinkAbout97-04543 BARBARA ANN BYRNE. , Plaintltl. IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO 97-. Y SL/ 3 CIVIL TERM TIMOTHY BEVERLY BYRNE, Defendant I)ROTECTlON FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW. this~. of August. 1997. upon presentation and consideration of the within Petition. and upon linding that the plaintill: Barbara Ann Byrne. now rcsiding at 159 Mcadow Drive. Shippcnsburg. Cumberland County. Pcnnsylvania. is in immcdiatc and prcscnt danger of abuse from thc dcfendant. Timothy Bevcrly Byrne. thc lollowing Temporary Order is entered. The defendant. Timothy Beverly Byrne. (SSN 274-66-201f>)(DOB: 2/22/59), now residing at 107 Helen Avenue. Shippensburg. Cumberland County. Pennsylvania, is hereby enjoined Irom physically abusing the plailllill'. Barbara Ann Byrne, or Irom placing her in fear of abuse. The delendant is ordered 10 stay away Irom the plaintitl's residence located at 159 Meadow Drive. Shippensburg. Cumberland County. Pennsylvania. a residence which is leased by the plaintitl: and is ordered to stay away from any residence the plaintill' may in the future establish lor hersell: except for the limited purpose of transferring custody of the parties' children. The delendant shall remain in his vehicle at all times during the transfer of custody. The defendant is ordered to relrain Irom 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 The defendant is enjoined Irom harassing and stalking the plaintiff and from harassing her relatives, or the parties' minor children. The defendant is enjoined lhlfll rellloving. dUllIuging. destroying or selling any property owned Jointly by the purties UI' owned by the plaintH!' A violation or this Ordrr IIII1Y snbjrct thr drrrndant to: i) arrrst lIndrr 23 PH.e.S. ~6113; Ii) II IIrivatr crilllinlll cOllllllaint IIndrr 23 1'II.eS. ~6113.1; Iii) II chllq~r or indirrct criminal contrlllpt undrr 23 1'II.eS. ~6114. IlIInishllblr by irll"risonllll'nt "1' to six months IInd 8 Onr Or SIOO.OO-SI ,000.00; and iv) civil conlrlll"t under 23 P8.e.S. ~6114.J. This Order shall remain in ellect unlil nIlHlili.:d or lellninated by Ihe Court and can be extended beyond ils originul expiration dale if the Court linds lhalthe delendunt has committed un act ofubuse or has engaged in a pallern or praclice Ihal indicates risk ofhallnlo Ihe plaintilr A IU:ARING SHALL lit: IInD ON TillS MATn:R ON AII(;IIST~. 1997, - AT '8 't... 4-.M., IN COlIRTROOM No.ll... OJ.' THE ClJMHERtAND COlINTY COlIRTlIOlISE, C\RLlSU:, PENNSYLVANIA. The plaintill'muy proceed without pre-payment of lees pending a lurther order after the hearing The Cumberland County Sherill's Department shall altempt to make service at the plaintift's request and without pre-payment of tees. but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in thc ollke of the Prothonotary and tor warded to the Sheriff tor service. Thc Prothonotary shall not send a copy of this Order to the delendant hy mail. The Pennsylvania State Police and thc Mid-Cumbcrland Valley Regional Police Department shall be provided with a certified copy of Ihis Order by thc plaint ill's attorney. This Order shall be entorced by any law enlorccment agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probahle cause that this Ordcr has been violated, whether or not the violation is committed in the presence of the police oflicer. In the event Ihat an arrest is made. under Ihis seclion, the detendant shall he taken without unnecessary delay Thu plalntit1: who Is 1I1l1icted with McArdle's Syndromu. 1I dlseasu al1ectlngthu lIluscles, telephoned her physician litleI' this Incident. WllS treated at the ('arlisle Hospltlllthlll night Ihr lIlusde tfllumll she sul1ered liS 1I result of this Incident, and subsequently hospltlllized through August 10th b) In or lIbout September 19%. the delendant chllrged the plaintlll' when she had her back to him. grabbed her in 1I "bear hug" with such lorce that when he grabbed her about her body with his hands clenched In lists. he struck the plaintiff In the nose lInd mouth cllusing II IlIcel'lllion on her lip. The plalntil\' sustained swelling IInd soreness about her lip liS II result of this incident. c) In or about June 1992. when the plalntin' WllS eight (8) months pregnant with the panics' youngest child, ('onnor, the delendant struck the pllllntill' across her belly with the back of his hand liS he drove In the Cllr d) In or about the fall of 1988. the lirst day the plaintin: who was Ibur (4) months pregnant with their lirst child. heard the panics' baby's hean beat, the delendant shoved her with such Ihrce lhllt she stumbled across the room. The plaintll1' was so learllJllor her salety and that of her unborn child. that she left the parties' home for two days and slept In her vehicle rather than return to the home. e) Since approximately September, 1996. the delendant has abused the plaintilI' In ways Including, but not limited to. pushing and shoving her about, grabbing her arms, and intimidating her by pointing his linger in her face and/or standing close to her lace and yelling at her causing the plaint ill' to fear for her safety. 5. The plaintin' believes and therelllre avers that she Is in immediate and present danger of abuse from the delendant and that she is In nced of protection from such abuse. 6. The plllinllll' desires thlll Ihe delendant be prohibited lhlm hllving any direct or indirect contact with her including, but not Iimlled 10, Ielephone und wrillen communications. except lor the limited purpose of Iilcilitllting custUlly Ilrrllngemenls 7. The plaintill' desires Ihat the delendant be enjoined from harlls~ing and stalking the plaintitl'. and Irom hllrassing her rclutivcs. or the minor children 8 The plaintill' desires that the delendunt be enjoined from removing. damaging. destroying or selling lIny property owned jointly by the parties or owned by the plaintil\". B. .:XCLlISIV.: POSS.:SSION 9. The apartment Irom which Ihe plaintilris asking the Court to order the defendant 10 Slay away from is rented in the name of Barbara Ann Byrne. lInd the delendant has never resided there. The detendant may come to the plainlill's residence tor lhe limited purpose of transterring custody of the parties' children. bul he will remain in his vehicle at all limes during the transfer of custody. Co REIMBURSEMENT "'OR COST m' CASE 10. The plaintitl. desires that the Court order the detendant to pay $250.00 to Cumberland County. one of Legal Services, Inc 's funding sources, in lieu of allorneys' fees, as reimbursement for the cosIoI' litigating this case and assess a $25.00 surcharge and court costs to the defendant if the case goes to hearing WHEREFORE. pursuant 10 the provisions of the "Protection trom Abuse Act" of October 7.1976.23 P.S. ~6101 el. ~~.\l. as amended. the plaintitl'prays this Honorable Court to grant the tollowing relief: A Grant a Temporary Order pursuant to the "Protection trom Abuse Act:" I. Ordering lhe defendllntto retrain trom abusing the plaintiff or from placing her in fear of abuse. 2, Ordering the delimdllntto relhtln Ihlfll hllving nny director indirect contllct Wllh the plllllllll1' Including. but not limited to, telephone and wriuen conllllunlclltlons. except Ibr the limited purpose of fllcilitllting custody IIrrnngements 3, Ordering the defendllnt to reli'lIIn Irom hllrnsslng IInd stnlkingthe plllintil1' and Irom harnsslng her rcllltives IInd the minor children, 4, Prohibiting the defendant from removing. dl\ll1l1ging. destroying OJ' selling property jointly owned by the Pllrties or owned by the plaintil1', 5, Ordering the defendant to stay away Irom the plaintiffs residence locllted lit 159 Melldow Drive. Shippensburg, Cumberlllnd County. Pennsylvllnill. which the Pllrties have never shllred. IInd ordering the defendllnt to stllY IIway from any residence the plllintitl'mllY in the future estllblish for herself: except for the limited purpose of trllllsferring custody of the parties' children The defendant will remllin in his vehicle at all times during the transfer of custody, B, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act." and. after such hearing. elller an order to be In ef1'ect for a period of one year: I, Ordering the defendant to refrain from abusing the plaintiff or from placing her in lear of abuse, 2, Ordering the defendant to retrain from having any direct or indirect contact with the plailllif1' including. but not limited to. telephone and written communications. except lor the limited purpose of facilitating custody arrangements, .l. Ordering the delimdant to reli'lIln from harllssing nnd stnlklngthe plalnlltrnnd IrOllI hnrasslng her rclntiws nnd the minor children. 4. Prohibiting the delendllnt Ihlm removing. dnmnging. destroying or selling property jointly owned by the Pllrties or owned by the plaintlll.. 5. Ordering the delcndnnt to Mny nway Irom the plalntill's residence located at 159 Mcadow Drive. Shippensburg. Cumberland County. Pennsylvania. which the parties hnve never shared. IInd ordering the delcndant to stay nway Irom nny residence the plnintilf may in the future establish for herse": except lor the limited purpose of transferring custody of the parties' children The delendnnt will remain in his vehicle at all times during the transler of cllstody. 6. Ordering the defendllntto pny $250.00 to Cumberland County. one of Legal Services. Inc's lunding sources, in lieu of allorneys' fees, as reimbursement lor the cost of litigaling this case nnd assessing the $25.00 surcharge and cOllrt costs to the defendant if the cnse goes to hearing. The plaintiff further asks Ihat this Pel it ion be liIed and served without payment of fees and costs by the plaintiff, pending a lurther order at the hearing. and that a certilied copy of this Petition and Order be delivered to the Pennsylvania State Police and the Mid-Cumberland Valley Regional Police Department which have jurisdiction to enforce this Order. The plaintilf prays lor such other relief as may be just and proper. l:::ur:~w;~_ ,)6an Carey, Allorney l~i~T~litf LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 24.1-9400