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HomeMy WebLinkAbout97-05112 ~ . .If ~ "'\I ~ ~ ~ ~ .'" i ~ ~ / - . .. ,':) - ~ ri - - ~ \'} I t'- ~ ~ ISJAL 1IRVaS, INC. ellMNl row CAAlJSLI, PENN8'lLVANlA 17013 ',17'~" ftDc 17T7111U02I -- w.t lIhod 17171 '/tIIIoMII 1lI~ ''''1'1I17171130 III , ,. - '. . . , " " ~...- ...~ I \ ":"..--- ,s..~,__" - -- .. _. Rebecca L. Mundis, Plaintiff [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN[A v. NO. 97-51[2 CIVIL TERM Emory A. Mundis, [V, Defendant PROTECT[ON FROM ABUSE AND CUSTODY ORDER FO~~ONTINl~ AND NOW, this -2..nc! day of OL"tJ:,c.r , 1997, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on September 29, 1997, at 3:30 p.m" by this Court's Order of September [9, 1997, is hereby rescheduled for hearing on November 26, 1997, at 3:30 p.m. in Courtroom No. 5. This Order is entered without prejudice to either party to request a hearing, The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but serviLe may be accomplished under any applicable rule of Civil Procedure. Certified copies of this Order for eontinuance will be provided to the Pennsylvania State, Carlisle, and Middlesex Police Departments by the plaintiff's attorney. Philip C. Briganti Attorney for Plaintiff Samuel L. Andes Attorney for Defendant r~ '.' \J." ! .1 . , f' Yt,'\,I_'., \ I \1 I \ _, 'I \,)U c.' " q7 ri~T ".' .', (j. '1( " ..~ I (' ~'.J. ('.1 0 t~ I'..l.p Ci ,. '. .' 1'",-; " ,", I.,' ": c; Rebecca L. Mundis. Plaintiff IN TilE COURT Of COMMON PLEAS Of v, CUMBERLAND COUNTY. PENNSYLVANIA NO. 97-5112 CIVIL TERM Emory A. Mundis, IV. Defendant PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The plaintiff. by the through her attorney, Philip e. Brlgant I of Legal Services. Inc.. moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection Order was issued by this Court on September 19. 1997. scheduling a hearing for September 29. 1997. at 3:30 p.m. 2. The eumberland County Sheriff's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on September 23. 1997, at approximately 5:42 p,m. at 36 Rivervlew Drive, Enola, Pennsylvania 17025. 3, The defendant has retained Samuel L, Andes to repre~ent 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 Agreemen t . 5. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 6, Certified copies of the Order for Continuance will be '-', (j .0 (") r~ .... " I ,-') -;! [, :''] ::!J f" , --I , r- . ., I .., , , :;1, : .-, . , , .-, ',-l, :'] .:C) " . . -n"! ., , . , ;~~~ . ,'1 ;:.! " I - '< ) ~ - ?1 ~ ~l ""', .' r 11 _" f~ F. n Ii . '{ L '/ A Jl t A ; I.'~i'r'/ --::. nDt=Hl.tdlf! ~~'.~~~,!T~I._~p~S.f~f:..r.CI= A L V~D . ;'!' :!H.l r'~., E~!OBY A __T ! ~lliI..L.L.L-B r~ ! T ~"~ , Sh~rlff ur Deputy Sherif! ai ',li'fnt:;{LAnf.l C''J'Jnty, f'ennsylvdnlu, who being duly uworn according \faG uEnved the l,'.. ;;,]ys. t.hL' within PROTECTION FROM ABUSE "f"'" , MIJUr,rr; F,.!'IORY A j"f"n,j,lnt.. 'It. "j.742;fI)0 HOURS. on the ;2Jrd dDY of SeD!.Qlllbp,r 1 ':I ~-!:7_ ;:j t. ,G BTVERVIEW paIVE [~QL!~__EA [7025 ,CUMBERLAND Coun t. f'. P"",osy 1 v"nla. by hamilng to EMORY_ A. MUND IS IV ~ tru0 3nd attested copy of the PROTECTION FROM ABUSE togp,thcr w1th TEMPORARY PROTECTION ORDER NOTICE AND PETITION :Hid qt, tht.' same time dirl?cting His at.t.entlon to the f.;ontf~nts thereof. :':h'c'r 1 f f' s Cost.s; ['oc:ket~n9 Serv lC~:: Affid"vit 131Jrch'3:rge So?~~ 18.0121 '3. J0 . ~H1 2.00 R. ltloll1ds KluH':". ::-h-;:'-i'l.tt ~:!~1. 3et 00!O~)!::'i)O h - _, L;!): ~'LY S't'l ':)'III)1"n ',::-',Od 8Ubs'~ribed~iore "'0 UIL _,.;i..!tr:: dilY 01 ~~..__ ,,0-. \ r l ') '~H~I-1.__. t . _i. '-----'~L.tIA-.Ikc't,~{'-,ji:T' ~. ....of LEGAL tJIIMCII, lNC- . IlMNI ROW CANJ8LI. PlNNlYLVNiA 11013 orn 24MlOO ,.. 0111 aoI028 .,'.,...a-". WIIIt __ ('1171 ,..m I/IIpjleIlIbUflI ('1111 e>>UIll , ,. oJ< , . . , .' ~ }...... ...~. . .,..'-. I \ ; -'~ -~ - . . ;~ .- Rebecca L, Mundis, Plaint I rr IN TilE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 9hl)/lJ. CIVIL TERM Emory A. Mundis, IV, Defendant PROTECTION FROM ABUSE AND CUSTODY TENPORARY PROTECTJO!i.,ORD~R AND NOW, this --l-~ ~ day of September, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Rebu~ca L. Mundis, now residing at 176 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, is In Immediate and present danger of abuse from the defendant, Emory A. Mundis, IV, the following Temporary Order Is entered. The defendant, Emory A, Mundis, IV, (SSN: 170-56-7347 and date of birth: 5/13/72) now residing at 36 RIvervlew Drive, Enola, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Rebecca L. Mundis, or from placing her In fear of abuse. The defendant Is excluded from the marital residence located at 176 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, which the defendant voluntarily left, except for the limited purpose of transferring custody of the parties' child. The defendant shall remain In his vehicle at all times during the transfer of custody. The defendant Is ordered to stay away from any other residence the plaintiff may establish. ',i!t';' ,'~,1A~~';NJ:1 ',.,....."'...\ l-' ""lll-"r-tn" 11".;:~;\l;,:" ," / J:.:: ,,'~ ...,1 i. 'I :!; ::.J 6 I d:J-l L6 ""'C' ' . .'.. '0 r:,{il"'.''''I'!~'''';:::} ;., t,i. .:; :!J1l:crO:r!l3 The defendant is ordered to refrain 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. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The d~fendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 16113; ii) a private criminal complaint under 23 Pa.C.S. 16113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 16114, 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. 16114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 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. Temporary custody of Kevin M, Mundis (DOB 8/29/90) is awarded to the plaintiff, Rebecca L. Mundis. A hearing shall be held on this matter on the ~/~~ day of September. 1997, at 2~3(.' jJ,m.. in Courtroom No...6 . , - Cumberland Co"nty Courthouse, Carlisle, Pennsylvania. 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 and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mai I. The Pennsylvania State, Carlisle, and Middlesex Pollee 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 unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. 8 6113) . By the Court, \, ,: . Rebecca L. Mundis, PlaintIff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- CIVIL TERM Emory A. Mundis, IV, Defendant , PROTECTION 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 are 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 property or other rights important to you. PE~AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25,00 will be 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 get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERiCANS WIT~ DISABILITIES ACT OP 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For Information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Rebecca L. Mundis. Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-SII) CIVIL TERM , n i , I ,~ i Emory A. Mundis, IV, De fendsn t PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER A!!.D CUSTODY RELIBF UNDER THE PROTECTION FRON ABUSE ACT, 23 Pa.C.S. 8 6101 et seq. i ! f I I i I i ! I , ! I i ! A. ABUSB 1. The plaintiff, Rebecca L. Mundis, is an adult Individual residing at 176 Cedar Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Emory A, Mundis, IV, ISSN: 170-56-7347) (Date of Birth: 5/13/72), is an adult individual residing at 36 Rlverview Drive, Enola, Cumberland County, Pennsylvania 17025. 3. The defendant is the plaintiff's husband. 4. Since approximately late summer or early fall 1993, the defendant has attempted to cause and has intentionally, knowingly, or reCklessly caused bOdily injury to the plaintiff, has placed the plaintiff in reasonable fear of Imminent serious bodily injury, and has knowingly engaged In a course of conduct or repeatedly committed acts toward the plaintiff which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not I iml ted to, the following specific instances of abuse: a. In or about the first week in September 1997, the defendant pinched the plaintiff several times causing her pain and bruises. b. In or about August 1997, the defendant yelled In the plaintiff's face that he would love to hit her but would not give her the satisfaction, slapped a glass from her hand In an attempt to hit her in the face causing the glass to smash on the floor and causing her to fear for her safety. c. In or about October 1995, the defendant threatened the plaintiff saying that If he could not have her no one would causing the plaintiff to fear for her safety, d. In or about the summer or fall of 1993, the defendant shoved thc plaintiff Into a chair, grabbed her by the arm, ripped the phone from her hand as she attempted to call for help causing the phone to hit her In the face and resulting in a bruise, and punched a hole In thc wall beside her hcad causing her to fear for her safety. e. On several occasions since late summer or early fall of 1993, the defendant has shoved the plaintiff, pinched her, punched doors and walls causing holes, punched the microwave causing a dent, blocked doorways so that the could not leave, and prevented her from calling for help causing her to fuar for her safety. Approximately two or more timcs a week, the defendant has pushed and grabbed the plaintiff causing her to 2 fear for her safety. S. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she remain in the home without the defendant's exclusion and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be ordered to stay away from any other residence she may establish. 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 of facilitating custody arrangements, 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment. 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 11. The mobile home from which the plaintiff is asking the Court to exclude the defendant is the partip.s marital residence from which the defendant voluntarily left. 12. The defendant has his own residence located at 36 3 Riverview Drive, Enola, Pennsylvania. 13. The plaintiff currently has no place to stay with her children except the marital home, and the defendant has family in the area with whom he is staying. 14. The plaintiff desires possession of the mobile home so as to give the greatest degree of continuity to the lives of the children and to allow them to continue their education at their schools. C. REIMBURSEMENT FOR COST OF CASE 15. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc. 's funding sources for the cost of litigating this case. D. TEMPORARY CUSTODY 16. The plaintiff seeks temporary custody of the following chi Id: Name Kevin M. Mundis Present Residence 176 Cedar Lane Carlisle, PA A&ll 7 years old DOB 8/29/90 The child was not born out of wedlock, The child is presently in the custody of the plaintiff, Rebecca L. Mundis, who resides at 176 Cedar Lane, Carlisle, Pennsylvania. During the past five years, the child has resided with the following persons and at the fol lowing addresses: Name Plaintiff and defendant Addresses 176 Cedar Lane Carlisle, PA VAlu Pall 1992 to Present 4 The plaintiff, the mother of the child, currently resides at 176 Cedar Lane, Carlisle, Cumberland County, Pennsylvania. She is married. The plaintiff currently resides with the following persons: ~ Jessica Kelly-Mundis Kevin M. Mundis Relationship Daughter Son The defendant, the father of the child, currently resides at 36 Riverview Drive, Enola, Cumberland County, Pennsylvania. He is married. The defendant currently resides with the following persons: ~ Jean Mundis Emory Mundis. III Relationship Mother Father 17. The plaintiff has not previously participated In any litigation concerning custody of the above mentioned child in this or any other Court. 18. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court In this or any other jurisdiction. 19. The plaintiff does not know of any person not a party to this action who has physlcai custody of the child or claims to have custody or visitation rights with respect to the child. 20, 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 Inclurtlng: a. The plaintiff Is a responsible parent who can best 5 take care of the minor child and who has provided for the emotional and physical needs of the child since his 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. 9 6101 ~ ~., 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:" 1. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse, 2, Ordering the defendan~ 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 employment, 6 S, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the mobile home located at 176 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter, except for the limited purpose of transferring custody of the parties' child. The defendant shall remain in his vehicle at all tim~s during the transfer of custody. 7. Ordering the defendant to stay away from any other residence the plaintiff may establish. 8. Granting temporary custody of the minor child to the plaintiff, B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after suci. ~~~.ing, enter an order to be in effect for a period of one year: 1. 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 7 written communications, except to facilitate custody arrangements, 3, Ordering the defendant to r~frain 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. S. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the mobile home located at 176 Cedar Lane, Carlisle, eumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, except for the limited purpose of transferring custody of the parties' child. The defendant shall remain in his vehicle at all times during the transfer of custody. 7. Ordering the defendant to stay away from any other residence the plaintiff may establish. 8. 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 fees and costs by the plaintiff, 8 pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Pennsylvania State, Carlisle, and Middlesex Police Departments which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and prope r. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 21, The allegations of Count I above are incorporated herein as if fully set forth. 22, The best interest and permanent welfare of the minor child will be served by confirming custody In the plaintiff as set forth in paragraph 20 of the petition. WHEREFORE, pursuant to 23 Pa.C,S. D 5301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and prope r. Respectfully submitted, u~ o n Carey, Attorn LEGAL SERVICES, I 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 for Plaintiff 9 ~ lJ ",. VI ~ g ........... "",-<'" ~ c. t ~ ~ \) , .":' C) ~I " -.l " :'.., ) ., '. :r .. ' ~.) .;, ~~ , . ,"" '. ~ . ':J ;,;'-? ('. . , - - .' , .i(? .. , , ," .. .. ' ;:.1 ) ~ " .( ) . ~' . ) i../nl r- ~ ~ : " .1 '.J '. ( :1 ..,: ,.... ~1J .... '\ B ..... ~ \ "" , ... ~ b' ; i/ . " Rebecca L, Mundis, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLANO COUNTY, PENNSYLVANIA NO, 97-5112 CIVIL TERM Emory A. Mundis, IV, Defendant PROTECTION FROM AB~SE AND CUSTODY AND NOW, this OROER OF ~ duy of c9URT t I 0 Y.b.'!s.~" f , 1997. upon consideration of the attached Praecipe to Withdraw Action, the hearing previously scheduled in this mutter for November 26, 1997, is CANCELLED and the Temporary Protection Order dated September 19, 1997, is VACATED. By the Court, Joan Carey Attorney for Plaintiff Samuel L. Andes Attorney for Defendant - errJ"u,~ r"L(,~"(t 1/ !.:J."Ijr,"I. ~. ~~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5112 CIVIL TERM PROTECTION FROM ABUSE ANO CUSTOOY Rebecca L. Mundis, Plaint iff Emory A. Mundis, IV, Defendant PRAECIPE TO WITHORAW ACTION The olaintiff. Rebecca L. Mundis, in the above-caotioned ~se. reauest~bat the Petition~or Protection From Abuse file~ on Seotemb~cL~_~1997. be withdrawn. and the Temoorarv Protection Order b@ vacated. To Lawrence E. Welker Prothonotary 1997 ~J@AAL~-/' oan Carey ail Attorney for Pl tiff .. 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