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HomeMy WebLinkAbout97-05415 rd , , " I, , " " ,;, , " I 'I, I' " ,', ,', , I I 'II i " , , , " /, " , " " \",/ , " "~ jji (/ ( 'd}' ,!.,(~ ,,1/ ;iJ r,~ :)t ,/~i_ ,I " " , , ,I I, I, ,I , , 'I' ',1\ j'f' '\ i' !;'J \(.! }/, '~i " " 1/11 . -! " " , " '" , i. /; I , , ' " . i ~i~ "i .' -'I , " ;' , " " " ,I, ',i , , " , I" " I' " , , I', ,', " , , " , ~ J " , \1 , I" " " Ii, , " " , " " ,,' " ,," ' l{) - " 'I ", , 1','1 .,i " , , " . " I' " "I 'i':' , , . .I ,;' , , I parties' children. Tholl (Il:fendllnt shall remain in his vehicle at all times during the t ransfel' of custody. The defendnnt is ordered to refrain from having any direct or Indirect contllct with the plaintiff Including, but not limited to, telephone and written communlc'ltlons, except for the limited purpose of facilitating custody arrangements. The defendant is enjoined from harussing and stalking the plaintiff and from harusslng the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment or the schools of the minor children. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plulntiff. ^ violation of this Order may subject the defendant to: I) arrest under 23 Pa.e.s. !l6113; il) a private criminal complaint under 23 Pa.e.s. 66113.1; III) 1.1 charge of indirect criminal contempt under 23 Pa.e.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and Iv) civil contempt under 23 Pa.e.s. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shull remain in effect until modified or terminated by the Court and can be extended beyond its original expl rat Ion date i I' the Court finds that the de "endant has committed another act of abuse or has engaged In /I pattern or practice that indicates continued risk of hnrm to the plaintiff. Temporllry custody of Cody J. Bolt (DOll 9/27/91) and Tyler R. Bolt (DOD 11/8/93), Is hereby awarded to the plaintiff, Brenda K. Bot t. A hearing shllll be hcld on this matter on the __3'u'. day of Octobcr, 1997, at ~L1i__~~..m" in Courtroom No.~, cumberland County Courthouse, Cllrllslc, Pennsylvania. The plaintiff mllY proceed without pre-payment of fees pcndlng a further order aftcr the heRring. The Cumberlllnd County Sheriff's Department shall attempt to make service at thc plaintiff's request and without pre-payment of fees, but scrvice may be nccompl ished 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 mall. The appropriate 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 arrcst for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violat ion 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 issucd the order. When thllt court Is limited to, the folluwing Ilpllclflc Instanclls of abuset a. On or nbout August Ill, 1997, the defllndo.nt gfllbbcd the plaintiff by hcr Wrllltll, pulled her off the cuuch, and pushed her onto thc floor. All the plnlntlff tried to get 6W6Y, thc dcfendant gr6bbed hcr by the 6rm, pulled her onto thc floor, punchcd her sevcrnl tlmcs in the arm, and klckcd hcr in the leg cnuslng p61n, swelling, and bruillcs. Thc defendnnt threw a cordlcss telephone at the plnintlrf cllusing her to movc to avoid being hit, grabbed the plaintiff around her neck with both hands, IInd choked her causing her to fear for her life. The defcndant gr6bbcd the plaintiff's purse, locked himself in the bathruom. Ilnd took all her money and her MAC canl. After the defendant Clime out of the bathroom, he shovcd the plnintiff Into a wall, dumpcd soda on her head, and told her to get out of the house. b. On or about August 10, 19'17, liS the plaint iff was Sleeping, the defcndant slapped her in the back of the head and grabbed her hy the arm attempting to pull her out of bed, causing hcr to fellr for her safety. c. In or abuut August 1'197, thc defendant punchcd the plaintiff on the 6rm with a closed fist. causing pain and bruises. d. In or about July 1997, after the defendant had shoved the plaintiff causing her to fall backwards. 2 Then, In order to get to the plnlntiff, the dcfenrlnnt picked up his minor child, who was In his way, und threw the child onto the bcd CRUS Ins the child to hi t the frame of the bed which resulted in bruises on his legs. e. On several OCCAsions sincc 6pproximately 1988, the defendant has kicked, punched, slappcd, choked, shoved, and restrained the plaint Iff. Thc defcndant has hit the plaintiff In her face with a shoe, he has forced her to have oral scx with him, Rnd he has thrown her out the door cal ling hcr a dog. The defendant h6s threatened the plaintiff on sever61 occ/lslons saying that he would kil I her If he ever found her with anoth~r man and he would kill her if she did not get out of his face causing hcr to fear for her life. 6. On or about August 18, 1997, the plaintiff and the two minor children left their residence at 600 North Baltimore Avenue, Apartmcnt A, Mount Holly Springs, Cumberland County, PennSYlvania, In order to /lvoid further abuse. 7. The plaintiff believes and therefore avcrs that she is In immediate and prcsent dangcr of abuse from the defendant and that she Is in need of protection from such abuse. R. The plaintiff dcsircs that the defendant be prohibited from having any direct or indirect contact with the plaintiff Including, but not limited to, telcphone and written .3 communications, except for the limIted purpose of fnctlltnting custody arrangements. 9. The plnlntlff desires that the defendnnt be enjoined from h6rnssing and stalkIng the plaintiff, and from harassing the plaintiff's relativcs. 10. The plnlntiff dcslres that the defendant be restrained from entcring her place of employment or the schools of the minor children. II. The plaintiff desires that the defendnnt be enjoined from removing, damaging, destroying or sclling any property owned jointly by the parties or owned solely by the plaintiff. -'L--..EElJ1.5.L'llL..I!Q3. S E S S I ON 12. The home which the plaintiff is asking the Court to order the defendnnt to stay away from is not owned or rented In the defendant's name, 13. The plaintiff cannot reveal the names of the owner of the home because th~ names will disclose her whereabouts which must be kept confidential for her protection. The plaintiff is not seeking the eviction of the defendant from his residence. 14. The defendant has his own residence located at 600 North Baltimore Avenue. Apartment A, Mount Holly Springs, Pennsylvania. ~ SUPPQR1 15. The defendant has a duty to support the plaintiff and the minor children. 4 IIrunda K. lhllt. who relildus at an undlscl()Slld location. During the paBt fivc yearli. the children have resided with , thc following persons and at the following addresses: I'l.llIDlI. Plaint Iff i\!llIU!llH:.IJ undisclosed loclltion P I a i n t If I' and de fendan t 600 North Baltimore Ave Mount flolly, PA Plaint i ff undisclosed location Plaintiff and de fendan t 600 North Baltimore Ave Mount HOlly, PA Plaintiff. Betty 102 West York Street and Cecil Guise Blglervllle, PA (plaintiff's p6rents), and Brian Guise (plalntlff's brother) Tl1l.w 9/18/97 to prelient 12/95 to 9/18/97 11/95 to 12/95 4/95' to 11/95 10/94 to 4/95 Plaintiff and 600 North Baltimore Ave 10/93 to defendant Mount Holly, PA 10/94 Plaintiff North Main Street 12/92 to Blglerville, PA 10/93 Plaintiff and 600 North Baltimore Ave 5/92 to defendant Mount Holly, PA 12/92 Plaintiff, Bet ty 102 West York Street 9/91 to and cecil Guise, Biglervi lie, PA 5/92 and Brian Guise an undisclosed location. The plaint iff, the mother of the child, current ly resides at She Is married. The plaintiff cannot reveal the names of people she resides with because the names will disclose her whereabouts which must 6 the minor children. WHEREFORE, pursuant to the pl'ovls ions of the "Protect Ion from Abuse Act" of October 7, 1976, 23 PII.C.S. 8 6101 Jll JS.~<I.., liS amended, the plaint iff prllYB this Honorable Court to grant the follow I n g rei i e I' : A. Grant II Tcmporllry Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to rcfraln from abusing the plaint Iff or from placing her In fear of abuse. 2. Ordering the defendllllt to l'efraln from having any dlrcct or Indirect contact with the plaintiff Including, but not limited to, telephone and written communications, except to facilitate custody arrllngements, 3. Onlel'ing the defendant to refrllln from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering thc plaintiff's place of employment or the schools of the minor children, 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 8 6. Ordcrlng the defendant to stay IIWIlY from thc plaintiff's rcsldence, and any other residence the plaintiff mllY ll/llllbllsh, except for the limited purpose of transferring custody of the plIrtles' children. The defendant shall renudn In his vehicle at 1111 t Irnes during the transfer of custody. 7~ Granting tcmporary custody of the minor childr",n to the plnlnt iff. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," lind, after such hearing, enter an order to be In effect for a period of one year: 1. Order ing 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 wi th the plaint Iff Including, but not 11m! ted to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the dufendant 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 schools of 9 the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the pllrties or owned solely by the plaintiff. 6. Ordering the dcfcndant to stay away from the plaintiff's resldcncc, and any other residence the plaintiff may establish, 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. 7. Granting support to the plaintiff and the minor children in an appropriate amount according to the support guidelines, payable to the plaintiff in the form of a check or money order, mailed to her, and ordering the defendant to provide hcalth coverage to the spouse and minor children. 8. Granting temporary custody of the minor children to the plaintiff. 9. Ordering the defendant to pay $250.00 to reimburse one of Legal Services, lnc.'s funding sources for the cost of litigating this case. The plaintiff further asks that this Petition be filed and 10 ., " , , " . , '. , ' ., , , " " ., , , , " ',I' " , , , , " ' .~ ,."n': n'l! " ~ J' ~. j r' ~i; I;. ~. ~ I , ." " .. I~, .' , .f ;..j . .0( 'I.&) !t1 -J ":') iJ .) ..I .,"JJ I .h'J I') ,1 ..l ::! ' 'J ., ~{ .~ ',:"ri 4- '. .. -. =) ,. 'p ~ plnintlff's undisclosed residence, and IIny other rcsidcnce the [llnlntlff mllY cstllbllsh, except for the limited purpose of transferring custody during which tlmcs the dcfendant shall remain in his vehkle, I.I\W cnforcllml.lnt ngcncics, human service agencies, domestic rellltions officcs, and school districts shall not dlsclosc the prcsence of the pllllntiff or the children In the jurisdiction or district or furnish any IIddrcBs, telephonc numbcr, or IIny other demogrllphic Information IIbout the plaintiff or children cxccpt by further Order of Court. 7. The defcndant is ordercd to PllY Interim support to the plaintiff IInd the minor children in the amount of $198.00 per week, payable to th.., pluintiff in the form of II check or money order, by mall pending the cntry of un order by the Cumberland County Domestic Rellltions office. The first payment is to be made within tcn days upon entry of the Protection Order and each week therellfter, The defendant is further ordered to provide health coveragc to the spouse and the minor children. 8. The court costs and fees are waived, 9. This Order shull remain in effect for a period of one year or unti I modified or terminated by the Court. The Order 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 n pattern or pract Ice that Indicl\tes continued risk of harm to the plaintiff. 10. A viollltlon of this Ordcr mllY subject the defendant to: I) nrrest under 23 Pa.C.S. glll!.1; Ii) l\ private criminal " , ' I', Ii I , !\ " " , " , , \Ji"I"'"1";"1 !~J oj, II \ ,.~)I'; \:)0 'l'W',"" c', .'",'1'1''''''/'\1''\ ,,),,'.' ""'_' 1. ,,'Ii '_J' 9 ''''l ",:'J (' I l~1J Lf.i (oJ 'I- Il','! ,~, ,;.~) "1 j I '1'1, ~ " , , " , , " " " ,I , , ' "I I II, I-I. I," " " ,I ',' " I I 1 " , , I I' 6. The defendunt agrees to stay away from the plaintiff's CUfrent resldencc IInd uny other residence the plaintiff may establi8h, except for the Ilml ted purpose of trllnsferring custody. The defendllnt shall remain in his vehicle nt 1111 times during the transfer of custody. 7. The defcndunt ngrces to pay intcrim support to the plaintiff and thc minor children the amount of $ 198.00 per week, payable to the plaintiff in the form of a check or moncy order, by mall pending thc entry of an ordcr by the Cumbcrland County Domestic Rellltions Officc. The first pllyment is to be made within ten days upon entry of thc Protection Order and each week thereafter. The defcndant furthcr agrees to provide health coverage to the spouse and minor child. 8. Thc defendant, although entering into this Agreement, does not admi t the allegat ions mllde in the Pet I t ion. 9. The defendant understands that the Protection order entered in this matter wi 11 be In effect fOf a period of one year and can be extended beyond it original expiration date If the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice thllt indicates continued risk of harm to the plaint i fl'. 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 tbe Protection Order may subject the defendant to: i) arrest under 23 Pa,C.S, ~6113i il) a private criminal complaint under 23 Pa,C.S. ~61l3.1; iil) a charge of indirect crlmln,,1 contclIlpt unclcr 2.1 Pa.e.S. 116114, punishable by imprlaonment up to six months und II fine of $100.00-$1,000.00; lAnd Iv) civil contempt undcr 2.1 PII.e.s. ~6114.1. II. The clefcndunt IInd the plllintiff ngrcc to the cntry of an Order providing for the following rcgllfdlng custody of their chlldrcn, Cody J. Bolt (0011 'J/27/91) IInd Tyler R. Bolt (DOli 11/8/93) II; The mother shall have prlmllry physical custody of the children. b. The mothcr IInd fllther shall share legal custody of the children. c. The father shall have partial custody of the children on datcs IInd at times agreed upon by the mother and fnther. d. The mother and fllther agree that each shall not Ify the other Immediately of medical emergencies which arise while the chi Idren are In that parent's care. e. The mother and father realize that their children's well being is pllramount to any differences they might have betweun themselves. Therefore, they agree that neither party shall do anything which may estrange the childrcn from the other parent, or Injure the opinion of the children as to the other parent or which may hampcr the free and naturlll development of the ch i lllren' s love or respect for the other parent. " , , " " ,'I " " ., ,. , ' 1,1 Iii.' ;; " I,' , , "1 " I,J '_,I , ,) I , D ,,? i~) <" -" "l -.. i't ., '-, , ",./ , .''') f'U , '..., '; ;0] t~," 't] '. ,;',:- . ,,- '. r..', ,') " , .' :.,] ': , . , '.~' 1 ~:~~ -:/1,'1 L, >1 ;.,.,: ::;; ~. ::/ ,t:- ., " I, Ii, " , , I "I q ,.t} ~ r'l -I ~,~'i :r: 'Il 1';) +~i~ I::,;il;; 'f": , J':" - -,., 11 ,",;1, ''':> .~~ ' .... " .1 .','J I"j '.., ".! ~ ,-0) t '.~ I ~,.,; i,~:;' N ,l"jrn .. ,., ~ :J1 ?i1 .~ ..... , I " , ." "