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Home My WebLink About98-01230 ." .< ... ~ < i ~ 1"1 i ~ > '" i ~ I I . I~ i ; ;-, I I I i i~ .... . ~ ..::l " ~ <:l ~ r-A. " (d Film (),'fI8E f:)r: ]".1" 1'''''"1 ",' V)i\i')T,"Cl\( .,! I H. r".., I'. Ii III 90 NAi? 17 PI'I:JI f,8 CU~.lBf:hl":';.JJ (;()lJf'.ITY PENNSYI.\I,"JIM .3 ' . <)t ciJ ('i'~ ,dlti4V ~ ({f JDy.z~ 3. . ~f '7{i~ /U?l,e;d ~ J. /).~ (;". /ekc,w ~ ;;f', -~r ;/-:.:t II, Till' ('1I'j ldl't'f1 Iw\'1' ('.\pll''..;:'if.(1 f!~lll tlf t11,' 'flit II!'!" IIfld 111'1.' (IIL:lllldfll III Ihl,lr 111,,,.1,.(' 10 hf.' 1'I'nlt,("!('d frlllll l1illl, I). ,'!Illh'~; 11I1~i ill'll'tl Idlt {lr r{'1\1 including ll'/ll"I'rlOgI Il.': lu'dl'(10fll ('llllIllllrl' "!II Illill III' will r"l'! '~('('llrl' thIlI lilt, rHIIH'1' wIll 1l()1 2',I't ill II\r!lu~h IIH' 11('dnllllll \VIIIlI(H\', ", Till' ('111101(1'/1 hilI'" di';I'I".I','d \'illl('1I1 III'llIll'illl IlIcllltlltlg ~;('II ifl.1'. if. 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(0 !I 1'(lllrlil'l (If' if,II'f'I"',I, A('('()j..,lirl!.', II) 1111' r:III'I'1' ;11\(1 M"i, n'~I...;('tt, I1t~ The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff and the minor children including, but not limited to, telephone and written communications, The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, or the minor children. The defendant is enjoined from entering the schools of th. minor children. A violation of this Order mar subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 60113.1; lii) a charge of indirect criminal oontempt under 23 Pa.C.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.C.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 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 James and Jordan Junkins is hereby awarded to the plaintiff, Janice A. Junkins. A hearlng shldl be held on this matter on the 2",11, day of September, 1996, at 11:00 c:.....,m, , in Courtroom No.-L, '~' Janice A. Junkins, Plaintiff and on behalf of her minor children; Jamie Bogue, James and Jordan Junkins IN THE OOURT OF OOMMON PLEAS OF OUMBERLAND COUNTY, PENNSYLVANIA NO. 96- CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY James L. Junkins, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the foll owing pages, you must takeilction promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the heoring scheduled by the Oourt and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to d~ so the Court may proceed without you, and a Judgment may be entered against you by the Oourt 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. EJi;ES AND OOSTS 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 ono, go to or telephone the otfice set forth below to find out where you can get legal help. OOURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLK, PENNSYLVANIA 17013 TELEPHONE NUMBER; (717) 240-6200 AMERICAtW_ItITH DISABILITIES i\OT OF, 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 acceHsible fncllit.ies and reasonable accommodations available to disnbled individunls 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. Janice A. Junkins, Plaintiff and on behalf of her minor children: Jamie Bogue, James and Jordan Junkins IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.. CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY James L, Junkins, Defendant PETITION FQR-PEQT~CTI0N ORDER AlliL.CUSTOm: RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. g 6101 et seq. A..... ABUSE 1. The plaintiff, Janice A. Junkins, is an adult individual temporaril.y staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request, 2. The defendant, James L. Junkins, (SSN: unknown)(Date of Birth: 3/27/67), is an adult individual residing at 18290 Dry Run Road, West, Dry Run, Franklin County, Pennsylvania. 3. The defendant is the plaintiff's husband. 4, Since approximatelY 1989, t.he defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has sexually assaulted her, 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 under 1 circumstances which havs placed the plaintiff and the children in reasonable fear of bodily injury. This has included, but is not limited to, the following Specific instances of abuse: a, On or about August 24, 1996, the defendant forcefully grabbed both of plaintiff's arms, pulled her out of a chair, and pushed her down a h&ll saYing I/Come on, you're going to like it: do what the master says,I/ When the defendant P\lshed the plaintiff into the bedroom and onto the bed, she cried and repeatedly told him to stop, The defendant pulled her shorts to the side, forced her to hav9 intercourse, and then threatened her not to tell anybody that he forced her, b. In or about July 1996, the defendant told the plaintiff's daughter, Jamie, to get up and pick his toes, When she started to cry and say that she didn't want to do it, the defendant kicked his foot up towards her face causing her to move to avoid being kicked. When she got up to go to her room, as the defendant had told her to do, the defendant followed her and forcefully hit her in the head with a remote control deVice causing swelling, c, On several different occasions since 1994, the defendant has gI'abbed the ears of their son, James, shaken his head, thrown chairs at him, and pushed him against a wall repentedly causing his head to hit the 2 wall, The defendant has repeatedly "flicked" James' ears, slapped him in the head and face and drawn his fists back causing James to be afraid. d. On several different occasions since 1994, the defendant has forcefully hit the plaintiff's daughter, Jamie, in the head, kicked her in the face and legs causing bruising, and forced her to clean the defendant's toes every night. e, On several different occasions since 1994, the defendant has pulled their son, Jordan's, hair and ears, slapped him in the face, threatened to hit him with a belt and drawn his fists back causing the child to be afraid, f. On several different occasions since 1989, the defendant has slapped the plaintiff, twisted her breast, grabbed and squeezed the back of her neck, pushed, punched, and kicked her, On a daily basis, the defendant repeatedly hit the plaintiff in the ear. The defendant repeatedly called the plaintiff's eleven year old daughter, Jamie, vile names, told the children they are "fucking mental cases," and told them to So hit the plaintiff, call her vile names and ask her if she is "playing with her pussy," 5. On or about August 27, 1996, the plaintiff and her three minor children left their residence at 18290 Dry Run Road, 3 West, Dry Run, Franklin County, Pennsylvania, in order to avoid further abuse, 6. The plaintiff believeR and therefore avers that she and her minor children, are in immediate and present danger of abuse from the defendant and that they are in need of protection from such abuse, 7. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff and the children including, but not limited to, telephone and written communications, 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, or the minor children. 9. The plaintiff desires that the defendant be restrained from entering the schools of the minor children. B. EXCLUSIVE POSSESSION 10. The home 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. 11, The defendant has his own residence located at 18290 Dry Run Read, West, Dry Run, Pennsylvania. C. REIMBURSEMENT FOR COST OF CASE 12. The plaintiff asks that the defendant be ordered to pay $250,00 to reimburse one of Leglll Services, Inc. 's funding sources for the cost of litigating this case. 4 plaintiff pending 8 hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor children and who has provided fD~ the emotional and physical needs of the children since their births. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor children, c. The defendant's behavior has adversely affected the children, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C,S. ~ 6101li l'I.!ill', 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 dofendant to refrain from abusing the plaintiff and the minor children, and placing them in fear of abuse, 2, Ordering the defendant to refrain from having any direct Dr indirect contact with the plaintiff and the minor children including, but not limited to, telephone and written communications. 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from 7 harassing the plaintiff's relatives and the minor ohildl'en. 4. Prohibiting the defendant from entering the schools of the minor children. 5. Ordering the defendant to stay away from the plaintiff's current residence, and any other residence the plaintiff may establish. 6. Granting temporary custody of the minor children, James and Jordan Junkins, to the plaintiff. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff and the minor children, and placing them in fear of abuse, 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff and the minor children including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harass~ng the plaintiff's relatives and the minor ch ildl'en. 4. Prohibiting the defendant from entering the 8 schools of the minor children, 6, Ordering the defendant to stay away from the plaintiff's current re81dence, and any other residence the plaintiff may establish. 6, Ordering the defendant to pay $260,00 to reimburse one of Legal Services, Inc. 's funding sources for the cost of litigating this oase. The plaintiff further asks that this Petition be filed and served without payment of fees and oosts by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the appropriate police departments which have jurisdiotion to enforce this Order. The plaintiff prays for such other relief as may be just and prope r , COUNT II QYSIQUX UNDER PENNS~NIA CUSTODY LAW 18, The allegations of Count I above are incorporated herein as if fully set forth, 19, The best interest and permanent welfare of the minor children will be served by confirming custody in the plaintiff as set forth in paragraph 17 of the petition. WHEREFORE, pursuant to 23 Pa,C,S, ~ 6301 ~ H.9., and other' applicable rules and law, the plaintiff prays this Honorable 9 fJ: ,..'. ?:: I' ...:1 ~-<.- j~, " ."') ".\' It.I!;) """ (j ,..:, Qt' r,,-l ~;<:I:. L'-" ;':c ',".i L, ~': C1t" <" ~, r r-- .-. 'U) :1,;:::: G:1I.; - ~,. '-,' f: P' ~.., . 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