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HomeMy WebLinkAbout97-07185 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 defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 86113; ii) a private criminal complaint under 23 Pa.C.S. 86113.1; ili) a charge of indirect criminal contempt under 23 Pa.C.S. 86114, 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. 86114.1. 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 hus committed another uct of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of Jason Thomas Warren, Jr" is hereby awarded to the plaintiff, Heidi M. Roy. The defendant is ordered to relinquish to the sheriff's department any weapons which he owns, possesses, has used or !toldl M. Roy, 1'1 n lilt II' I' [N THE COURT OF COMMON PLEAS OF CUMUERLAND COUNTY. PENNSYLVANIA v, NO, 97- CIVIL TERM JUllon '(', WUrI'en, J.)ofond'IIlt PROTECT[ON FROM ABUSE AND CUSTODY NOTICE You hove buen Hued In court, [I' you wlllh to defend against the clulmll Nut forth In the following pages. you must take action promptly III' tor thiN I'ut It Ion. order nnd Notice arc served, by appearing porllonully or by ntturnoy nt tho heuring scheduled by the Court and prellentlng to the Court your defensell or objections to the claims set forth nHldn.~t you, Yuu 'll'1l wurned thut if you fai I to do so the Court muy procued without you, nnd u Judgment muy be entered against you by the COIHt without furthur not Ice for any money claimed in the Petition or fur uny othur clnim or relief requested by the plaintiff. You muy lONe money or property or othur rll!hts important to you. EIlll..LMilLQ.Qlln If tho CUBU HOUN to heurlng and the jUdge grants a Protection Order. 0 lIurclllll'l!e of $25,00 wi II be assessed against you. You may UINO bu rU4ulred to puy up to $250.00 to reimburse one of Legal SurvlcuN, IIIC,'II fUIIlllnHIHlurcc5 for Legal Services [nc.'s rUllruNontut Ion of the plaint I fl'. You should tllke this paper to your lawyer at once. have II lawyer or cannot afford one, go to or telephone forth below to find out where you can get legal help. If you do not the office set COURT ADM[N[STRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARL[SLE, PENNSYLVANIA [70[] TELEPHONE NUMBER: ( 7 [ 7) 240-6200 AM1lliH;MLlUY,lTILIll.M.!!!J,. I T IES ACT OF 1990 The (~ollrt of Common Pleus of cumberland County is required by law to comply with the AmerlcanN with Dillabllities Act of [990. For Informutiun about ncceBslblc facilities and reasonable uccommodations AVAllnble 10 disabled Individuals having business before the court. plenNu contnct our office. All arrangements must be made at '[east 72 hourN prior to uny hearing or business before the court. You must Altend the scbeduled conference or heuring. Ii II, On or lIbout December 21,1997, the defendant bucllme /lngry, grabbed the plaintiff by the throat, and Illllmmlld he,r up I\gainst the car causing her to feal' for hllr Illlfety. b, On or Ilbout December 20, 1997, the defendant buclImu angry, grabbed the plaintiff's car keys 'refusing to Illlow her to leave, and grabbed her by the arm clluHlng hur to fear for her safety. c, In or about the middle of December 1997, the dllfundant became angry, calied the plaintiff vile numcH, and punched her in the leg causing swelling and tHuiHing. d. In or about the end of November 1997, the dllfondant pointed a 30/30 rifle at the plaintiff's chcst and pulled the trigger causing her to fear for he r II fe, Il. On several occas ions since August 1997, the defendant has abused the plaintiff in ways including, but not limi ted to, the fOllowing: choking, slapping, and punching ber: throwing her onto the ground; pUlling her hair; chasing after her in his truck, and smashing her car window causing her to fear for hor safety, 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. 2 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 und written communications, except for the limited purpose of fucillt8tih~ 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. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or seiling any property owned solely by the plaintiff. 10. The plaintiff desires that any weapons the defendant owns, possesses, and has used or threatened to use against the plaintiff be confiscated by the Sheriff's Department. B. EXCLUS~ POSSESSION 11. The apartment which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. 12, The defendant has his own residence located at 1224 Red Hill Road, Dauphin, Dauphin County, Pennsylvania, h-.IDll'~ 13, The defendant has u duty to support the minor child. 14. The pluintiff Is in need of finuncial support from the 3 proceedings concerning this child pending before a court in this or any other jurisdiction, 22. 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. 23. 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 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. g 6101 ~1 ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Orant 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 defendant to refrain from having 6 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. 5. 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 833A Market Street, Lemoyne, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, 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. Granting temporary custody of the minor child to the plaintiff. 8. Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against 7 the plaintiff, and prohibiting the defendant from acquiring or possessing any other weapons for tho duration of the order. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, entor an order to be in effect for a poriod of one year: I, Ordering the defendant to refrain from abusing tho plaintiff or from placing he!', in fear of abuse. 2, Ordering tho defendant to refrain from having any direct or indirect contact with the plaintiff including, but not I imi ted 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. 5. 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 833A Market Street, Lemoyne, Cumberland County, Pennsylvania, 8 and any other residence the plaintiff may establish, 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. 8. Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against the plaintiff, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Order, 9. Granting support to the minor child In the amount of $197.00 per week according to the support guidelines payable to the plaintiff In the form of a check or money order, mailed to her residence, and directing the defendant to pay all of the unrelmbursed medical expenses of the minor child to the provider or to the plaintiff when she has paid for the medical treatment. 10. 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, pending a further order at the hearing, and that a certified copy 9 " , " " " " ~ '( ,~ ...... ''I .. If .-j ~j " >- .:!" '>- "~ ..:J ~;: l~ .. ;.t} ... - ~') ~~ - . ", ::I" I~~) :::','" ,.j! ',.>- f""'j ":i .le_,,:,. .....:/1 b:. -. 'I~~~~ ~, l'~ r 'r. Ll'i. (.) "i1f~ if; ~" c;;.) ~ :5 ,... m , " " ),,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-7185 CIVIL TERM Heidi M. Roy, Plaintiff v. Jason T. Warren, Defendant I PROTECTION FROM ABUSE AND CUSTODY AND NOW, this ,/~(,,\.__ORDER OF COUBI f-L ~ day of January, 1998, upon consideration of the attached Praecipe to Withdraw Action, the hearing previously scheduled in this matter for January 9, 1998, at 9:30 a.m., is CANCELLED and the Temporary Protection Order dated December 31, 1997, is VACATED. -~ . JUdge Joan Carey Attorney for Plaintiff (' ~'u~,.d)"ci."'(((. II I ,+/q 6' - ~.'~. Jason T. Warren Pro Se I' , I " ~ _1', '>- ~ N I" '. r:, .. :'." U,IQ M o,.l..r, U.'." I~ .,,-, ';l.. ':-'~.;: r.o <<> 1-- ~ 1:;: \1' ,':oil) ,I," - I.l.:, I J ::;--, "liD ~: f~l -, Ll, ij, - f" ",:T, Pin. , I -, .. , ". ."'. ~. lXl i3 C1' , , '" " , I d , . " " " I I ,"