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HomeMy WebLinkAbout97-05264 I " I I I I I, ", , I 'i' /, ., I !' , ] III / ,I' " " I I " I' I',' :., / I I ',I , 1),111 , , I " I, , " 'I' " i~ , , "n , , i' i~ d " , " , , " il '! . I,'! ,/ !il,l/ ,iV. I' "I;', " " , ;.:'! , , " ~ ", ' ,11\, I II, , ;it , " " " , 'I '" I , I , ,,'~ , ,; '''jl Ii-' ' /.'1 ~ ,1.1, !''if.! ,.11 ,,^r. .:$ " ,~ ",.) -.l I, "',I " ~ ri ~ 1 ' f 'I ' :'1 " I ~ I, d, ,\f ~ " ',1'1 " . "I~': ~ I' , ~ " , , " ,i 1\'1 ., 1'1 I',' " '. , , , , , ,," , " " ,. ", I i' " 'I,i, '. "d " ,'- , .'11 I, , ',I ," )'", " , I "i , , " , II I , I ,- 'H' " " , , I, " I I " " , , I " I " l I , 'i, , " i 'I' , ,'j \0 " , I ~ I " I I'" I " " ,I, ,),11' , " , , ,,' , " , " " Ij. I , " " - I - J '-'I ~ J " " . -- '11 : ~ , " , I " , I ,i'ol " " :r- " I I " " , , ~( I , (' I \'1 . " '. " 'I' , " , , "~, i',' I' , '1,1 KAREN REBECCA GREEN LUND, Plaintiff IN THE COURT OF COMMON PLEAS OF v, CUM8ERLAND COUNTY. PENNSYL VANIA NO. 97--..!i)_,~4-_. CIVIL TERM MICHAEL VERNON HOUSE, Defendant PROTECTION FROM ABUSE AND CUSTODY RY PROTECTION ORDER AND NOW, thi _ day of September, 1997. upon presentation and consideration of the within Petition, and upon tinding that the plaintitl: Karen Rebecca Greenlund, now residing at 416 South 4th Street, New Cumberland. Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Michael Vernon House, the following Temporary Order is entered. The defendant, Michael Vernon House, (SSN: 509-74-9402)(008: 9/20/59), now residing at 4204B Wagon wheel Court, Harrisburg, Dauphin County, Pennsylvania is hereby enjoined from physically abusing the plaintiff, Karen Rebecca Greenlund, or from placing her in fear of abuse. The defendant is excluded from the plaintiffs residence located at 416 South 4th Street, New Cumberland, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties, 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 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 her relatives, or the parties' minor children. The defendant is enjoined Ihlnl entering the plaintitl's place of employment and the schools and day care facility oflhe parties' minor children The defendant is enjoined from removing. danulging. destroying or selling any property owned jointly by the parties 01' owned by the plaintill.. A violalion of this Order may subject the defendant to: i) arrest lindeI' 23 PI.C.S. A6113; Ii) a private criminal comlllaint undu 23 Pa.C.S. A6113.1; Hi) a charge of indirect criminal contempt under 23 Pa.C.S. A6114. punishable by imprisonment up to Sill months and a line of $100.00-$1.000.00; Ilnd Iv) civil contempt under 23 Pa.C.S. A6114.1. This Order shall remain in etlect umil modi lied or terminated by the Court and can be extended beyond its original expiration date if the Courtlinds that the detendant has commilled an act of abuse or has engaged in a pall ern or practice that indicates risk of hann to the plaintiff. Temporary cllstody of Jazz McGee House. Rayne Evans House. and True Greenlund House. is hereby awarded to the plaintitl: Karen Rebecca Greenlund. ,1 d.. . A HEARING SHALL BE HEW ON TillS MAl'TERON TlIF. ~ DAY OF (9C-~b.Q/v 1997. AT ((',3 u f'r.M.. IN COlIRTROOM NO..3....-. THE CUMBERLAND COlINTY COllRl'II01lSE. CARLISLE. PENNSYLVANIA. OF The plaintiff may proceed without pre-payment of tees pending a fUlther order after the hearing, The Cumberland County Sherill's Department shall allempt to make service at the plaintiffs request and without pre-payment of fees. but service may be accomplished under any applicable rule ofGvil 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 mail. The New Cumberland Police Department shall be provided with a certified copy of this Order by the plaintiffs allorney. This Order shall be enforced by any law enforcement agency KAREN REBECCA GREENlUND. Plailltln' IN HIE COURT OF COMMON PL.EAS OF CUMHERL.AND COUNTY. PENNSYL. VANIA v. NO. 97. Ij,) f.:1 CIVIl. TERM MICIIAEI. VERNON 1I0USE. Defendant PROTECTION FROM AHlJSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY REl.IEF IJNDER TilE PROn:CTION FROM ABI/S.: ACT 23 Pa.e.S. ~6101 et seq. A. AIII/S.: I. The plaintiff. Karen Rebecca Greenlund. is an adult individual residing at 416 South 4th Street. New Cumberland. Cumberland County. Pennsylvania 17070. 2. The defendant. Michael Vernon 1I0use. (SSN: ~09. 74.9402)(DOB: 9/20159). is an adult individual residing at 4204B Wagonwheel Court. lIarrisburg, Dauphin County, Pennsylvania 17109. 3. The defendant is the husband of the plainlitl' and the father of the parties' three children. 4. Since approximately 1993. the delendant has attempted to cause and has intentionally. knowingly. or recklessly caused bodily injury to the plainlitl: placed her in reasonable fear of imminent serious bodily injury. has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintitl' under circumstances which have placed her in reasonable fear of bodily injury This has included. but is not limited to, Ihe following specific instances of abuse: a) On or about August 18. 1997. the defendant came 10 the plaintiffs residence late at night. entered without her knowledge. and frightened her when he appeared behind her as she worked ,. b) On or lIbout July 19, 1997. the defendant punched the plaintill' repeatedly about her arms and legs as he drove the car, When he stopped the car, the delendant dragged the plaintill'lrom the passenger seal across the driver's seat and out of the car. lie dragged her into a nearby lield, punched her about her legs several times, and tried to pry her legs apart. The defendant lell the plaintiff in the lield and drove away in the car. As the plaintill' started walking toward a house lor help, she saw the delendant driving up the road and hid behind a tree. The delendant got out of the car, began looking for her and calling to her saying that he would not hurt her When the plaintil1' showed herself. the defendant slapped her face, As she ran Irom him, he caught her and slapped her face again bloodying her nose, The defendant grabbed the plaintilT by the arm and pulled her up when she sat down on the roadside. lie held her by her arm and made her walk back to the car with him. When a Fairview Township Police (York County) cruiser passed by, the plaintift' broke away from the defendant and flagged down the police ofiict>r, The defendant was arrested, charged with simple assault, and taken to the York County Prison. The defendant made the $2.500 bail. A preliminary hearing is scheduled for September 25. 1997, before District Justice Estep in York County, The plaintil1'sustained bruising about her amlS, legs, and body, and soreness about her head and face as a result of this incident c) In or about mid-July )997, the defendant suddenly got out of bed, punched his pillow, and punched the plaintiff on the bUllocks. The plaintiff sustained bruising on her bUllocks as a result of this incident. Later the same week in mid-July 1997, the defendant grabbed the plaintiff by her head Wilh bOlh his hands. opened his mouth and growled, and pulled her face close to his mouth causing the plaintiff to lear he was going to bite her, d) In or about 1995. the delimdant pulled oil' the road. stopped the car. pulled the parties' then 3.year old son, Jazz. out of his car seat. and spanked the child bruising his buttocks, e) In or about May 1993, the defendant pushed the plaintill who was approximately 2 months pregnant, to the lloor, kickcd her several times about her side and bUllocks, smashed her head against the bed, and pulled her hair. The plaintiff sustained bruising and sorcness about her sidc and bUllocks, and soreness about her head as a result of this incident. 1) Since approximately May 1993, the delendant has abused the plaintiff in ways including. but not limited to. pushing her against walls, punching walls and punching his list into his other hand to intimidate her, 5, 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 delendant's exclusion and that she is in need of protection from such abusc. 6, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintitl' including, but not limited to, telephone and written communications, except for the limited purpose offacilitating custody arrangements. 7, The plaintiff desires that the delendant be enjoined from harassing and stalking her, and from harassing her relatives and the minor children. 8. The plaintiff desires that the defendant be restrained from entering her place of employment, and the school and the day care facility of the minor children. 9, The plalnlift' desires that the defendant, be enjoined from removing. damaging. destroying or selling any property owne4 jointly by the parties or owned by the plaintiff. B. EXCLUSIVE POSSESSION 10 The residence Irorn which the plaintitl'is asking the Court to exclude the defendant is owned in the names of the parties. Karen Rebecca Greenlund and Michael Vernon House. The delcmdant left the residence on July 24. 1997, and currently resides at 4204B Wagonwheel Court. Harrisburg, Dauphin County, Pennsylvania. II. The plaitnift' currently has no place to stay with her children except the marital home, and the deCedant has been residing at the above address. 12, The plaintiff desires possession of the 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, Co SUPPORT 13, The defendant has a duty to support the plaintiff and the parties' three minor children. Jazz McGee House, Rayne Evans House, and True Greenlund House, 14, The plaintiff is in need of linancial support from the defendant including. but not limited to health insurance coverage and payment of unreimbursed medical expenses for the herself and the children, 15, The defendant is employed at K&H Ford in Mechanicsburg, and has annual salary of approximately $28,000 3. Ordering the detendant to retrain trom harassing and stalking the plainlHT and trom harassing her relatives and the minor children. 4. Prohibiting the delendant trom entering the plaintitfs place ot' employment and the school and day care facility of the minor children. 5, Prohibiting the delendant trom removing, damaging. destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Granting possession of the home located at 416 4th Street. New Cumberland, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the detendant, and ordering the defendant to stay away from any residence the plaintitf may establish tor herself pending a tinal order in this mailer. B. Schedule a hearing in accordance with the provisions ot'the "Protection from Abuse Act." and. after such hearing, enler 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 wrillen communications, except for the limited purpose of facilitating custod.y arrangements. 3, Ordering the defendant to refrain trom harassing and stalking the plaintitl. 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 property jointly owned by the parties or owned by the plaintiff. 23. The plalntltl' does not know of any person not a party to Ihis action who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 24, The best interests and permanent welfare of the minor children will be met If custody is temporarily granted to the plaintiff pending a hearing in thi~ mailer for reasons including: a), The plaintiff has provided for the emotional and physical needs of the children since their births and is a responsible parent who can best take care of the minor children. 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. ~6101 eJ seq.. 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 plaintiff or ITom 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 for the limited purpose of facilitating custody arrangements, 6, Granting possession of the home located at 416 4th Street. New Cumberland, Cumberland County, Pennsylvania. to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintitl'may establish for herself pending a final order in this matter, 7. Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Services. 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 the case goes to hearing, The plaintilTfurther asks that this Petition be tiled and served without payment offees and costs by the plaintiff, pending a further order at the hearing, and lhat a certified copy of this Petition and Order be delivered to the New OJmberland Police Department. The plaintilT prays for such other relief as may be just and proper COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 25. The allegations of Count I above are incorporated herin as if fully sset forth. 26. The best interest and permanent welfare of the minor children will be served by confirming custody in the plaintilT as set forth in Paragraph 24 of the Petition WHEREFORE. pursuant to 23 P.S. !l5301 ~ ~q.. and other applicable rules and law, the plaintilT prays this Honorable Court to award custody of the minor children to her, ~ " , I ~ i u!. ", '-' 1 , a '{ ,~ ~ .. J j pi ~l I' " II .... l'.r. (f) ~ ~ tOO ~.~ I..' .. l,:;~ ~jJ r,: cij "';' "If .. ~! ~,'': tt..'. ....,~ \~~~:\~ ~;.' ~.,.: " _ co' ",,") ,'I ''':) ",., t_'~ i o;Lf! r:., 'i~'::~ e.. :<1 ~,.~ F t.: l,")~ ~. VI ;,)' f- a '" I' I, Ii " I,' 'I', '\ " "