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HomeMy WebLinkAbout98-01410 'W lillure eSlnhlish tor hersel/: excepl lor the limited purpose oftrnns/erring custody of the pnrties' children, The de/cndnnt shnll remnin in his Yehicle on the street III the curb nt nil times during the trans/cr of custody. The defendant is ordered to retrain from haYing any direct or indirect Contact with the plainti/fincluding, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plainti/}' and from harassing the plaintill's relatiyes and the parties' minor children, The defendant is enjoined from entering the plaintill's place of employment or the schools or day care facilities of the minor children, The defendant is enjoined from damaging or destroying any propeny owned jointly by the panies or owned solely by the plaintill: A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.c.s. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.c.s. ~6114, 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. ~6lJ4.1. Resumption of Co-residence on the part of the plaintiff and defendllnt shall not nullify the provisions of the court order. This Order shall rcmain in ellcct until modified or teoninated by the Coun and can be extended beyond its original expiration date if the Coun finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. Temporary custody of the parties' children, Michael Lee Oeimler (OOB: 03/07/90) and Andrea 1. Oeimler (OOB: 01/13/95), is hcreby awarded to the plaintill; Lauren Jeanette Oeimter. fear of bodily injury, This has included, but is nol limited to, the tbllowing specilie instllnces of abuse: a) From March 7 through March 8, 1998, the detcndant, whose condition of bail included no direct or indirect contllct with the plaintitl: mllde approxin1Utely 16 telephone calls to the residcnce where the plaintilr and the minor children moved to avoid fhrther abuse after the incident on March 6, 1998, The plaintiff and her friend reported the telephone calls to the West Shore Regional Police Department. b) On or about March 6. 1998, the defendant shoved the plaintiff twice, threw her onto the bed. and punchcd her in the face several times, Thc plaintiff's 10- year-old daughter, Alyssa, telephoned 911 for help, the West Shore Regional Police arrived and advised the plaintitl' to go to her neighbors' home for her protection until the defendant left the house, which she did, After the officer left, the defendant went to thc neighbor's home, yelled at the plaintiff, and ripped the distributor wires from the plaintiff's van to disable it. When the plaintiff walked in front of the defendant's truck to ask him to return the distributor wires to her van, he started the truck and accelerated. causing her to fall to the ground at the side of the truck as she tried to avoid being run over. The plaintiff's neighbor telephoned the police for help, The West Shore Regional Police arrested the defendant, charged him with simple assault and recklessly endangering another person. The defendant was released on his own recognizance conditioned that he have no direct or indirect contact with the plaintiff, and that he not go to the plaintifl's residence or place of employment. A preliminary hearing in the matter is scheduled for MondllY, March 16, 1998, at 1:00 p,m, before District Justice Manlove, The plaint in' gustained swelling, redness, bruising and soreness about her face and eye as a result of this incident. c) On or about March 3, 1998, the defendant followed the plaintiff in his vehicle when she left the house until she saw him, stopped her vehicle, told him to stop following her or she would contact the police, The defendant followed the plaintiff to the West Shore Regional Police Department where she conferred with the police for approximately 2 hours, When the plaintiff went to the parkiing lot to leave, she found that the defendant had taken her vehicle, The police drove the plaintiff to her home and advised her to call them should problems arise with the defendant. As the plaintiff entered the house, the defendant yelled and screamed at her. put the parties' two minor children in his truck, and told the plaintiff he was taking them, The plaintiff jumped onto the bed of the defendant's pickup truck to stop him from taking the children, and when she did not get out, the defendant threatened her saying that he was going to take her for the ride of her life, The defendant, who had the children in the cab with him, drove away with the plaintiff in the truck bed, accelerated, swerved in and out of traffic, sped over railroad tracks, made sharp turns, and alternately accelerated and slammed on the brakes causing the plaintiff to be tossed about in the truck bed, The defendant stopped the truck in the middle of the street, jumped into the bed of the truck, threw the plaintiff onto the side of the truck, grabbed her, picked her up, and threw her out of the truck bed, The parties' 8-year-old son, Michael, used the defendant's car , I Ii i' { II i)~ .1' " \' , q. 'I 'I :; ! I' ; , I I ! telephone to call 911 lor help, The police advised the parties to return home and stay away from each other, d) On or about January 21, 1998, the defendant grabbed thc plaintiff. shovcd her against thc door. scream cd at hcr, and threw her to thc floor causing hcr to hit hcr facc on thc floor, Thc plaintifl's daughtcr. Alyssa. telcphoncd thc policc for help. The plaintiff sustaincd swelling, bruising, and sorcness about hcr facc. as a result orthis incident. 5, On or about March 6. 1998, the plaintiff and thc threc minor children, including the plaintiffs minor daughtcr. Alyssa A, Martinez, left their residence at 433 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania, to avoid further abuse, 6. The plaintifl' believes and therefore avers that she is in immediate and prescnt danger of abuse from the defendant should she return to the home without his cxclusion and that she is in need of protection from such abuse, 7, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with her 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 plaintiffs relatives and the minor children, 9, The plaintiff desires that the defendant be restrained from entering her place of employment or the schools and day care facilities of the minor children. 10, The plaintiff desires that the defendant be enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiff. IJ. EXCLUSIVE POSSESSION II. The home at 433 I>oplar Church Road. Camp Hill, Cumberland County, Pennsylvania, from which the plaintilris asking the Court to exclude the defendant is owned in the names of the plaintiffand defendant. 12, The defendant has been residing with his parents at their residence located at 1147 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania. ]3, The plaintiff desires posscssion 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 and social activities at their schools, C. SUPPORT 14, The defendant has a duty to support the plaintiff and the parties' two minor children. 15, The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage. payment of unreimbursed medical expenses for the plaintiff and/or the parties' two minor children, and the mortgage payment on the residence at 433 Poplar Church Road, Camp Hill, Cumberland County. Pennsylvania. 16, The defendant is self-employed as the owner of the franchis of the Camp Hill Texaco Station, corners of 32nd and Chestnut Streets, Camp Hill, and is the owner of Central Hardware Lawn & Garden, 81 2nd Street, West Fairview, The amount of the defendant's income is unknown to the plaintiff, Ordering the defendant to refrain from abusing the plaintin' 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 written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintilT and from harassing the plaintiffs relatives and the minor children. 4. Prohibiting the defendant from entering the plaintiffs place of employment or the schools or day care facilities of the minor children. 5. Prohibiting the defendant from damaging or destroying property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the home located at 433 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter. 7. Ordering the defendant to stay away from the plaintiffs current residence located at 118 Beard Raod, Enola, Cumberland County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may in the future establish for herself. 8. Granting temporary custody of the parties' minor children 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 elTect for a period of one year: I. Ordering the defendant to retrain from abusing the plaintitl' or from placing her in tear of abuse. 2. Ordering the defendant to refrain trom having any direct or indirect Contact with the plainlitl' including, but not limited to, telephone and wriUen communications, except for the limited purpose of facilitating custody arrangements through a mutually agreed upon third party. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintil1's relatives and the minor children. 4. Prohibiting the defendant from entering the plaintiff's place of employment or the schools or day care facilities of the minor children. 5. Prohibiting the defendant from damaging or destroying property jointly owned by the parties or owned solely by the plaintiff. 6. Granting POssession of the home located at 433 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania, to the plaintitfto the exclusion of the defendant pending a final order in this matter, except for the limited purpose of transferring custody of the parties' children. The defendant shall remain in his vehicle on the street at the curb at all times during the transfer of custody. 7. Ordering the defendant to stay away from the plaintiffs residence located at J 18 Beard Raod, Enola, Cumberland County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' children. The deflmdant shall remain in his vehicle at all times during the transfer of cllstody. 8. Granting Sllpport to the plainlitl' and the parties' two minor children in the amount of $1 00.00 per week payable to the plaintilT in the form of a check or money order, mailed to her residence, and ordering the defendant to provide health coverage to the plaintill' and the parties' two minor children, directing the defendant to pay all of the unreimbursed medical expenses of the plaintill' and/or the parties' two minor children to the provider or to the plaintilT when she has paid for the medical treatment and directing the defendant to make or continue to make mortgage payments on the residence of the plaintilT. 9. Granting temporary custody of the parties' two minor children to the plaintilT. 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 plaintilTfurther asks that this Petition be filed and served without payment offees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the West Shore Regional Police Department and Silver Spring Township Police Department which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. ~ h,h I. . I ~ f. f:> t ... l., po ~ (~ ,. :J ...~ ..., ',....".. -, '.......,>~..~., C:' . () ~ ",; G'''' ('"'\ ~.. -n rti c , ::~.:::q -..-, .J 0 .- "rn . en ~'1) r - ; ~t) ~;': .:~ ~d I '. "-;9 /...~ ~~I~ ~fl ~--I ". 1 '0 ::".1 -, \ .-, -- ., LAUREN J. DEIMLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 98-1410 CIVIL TERM STANLEY M. DEIMLER, JR., Defendant PROTECTION FROM ABUSE & CUSTODY ORDER OF COURT AND NOW, this 20th day of March, 1998, the parties are granted ten days within which to submit to the court authorities based on the tentative findings of fact as announced in open court and in their presence. In the meantime, the temporary protective order entered March 16, 1998, shall remain in full force and effect with the exception that the father's rights of partial custody shall be restored, and the father shall have the children at a minimum on every other weekend and one night during the week as the parties shall agree. And if they cannot agree, on Wednesday, The temporary protective order is further modified to provide that pending further order the defendant shall pay the plaintiff the sum of $100.00 per week in support. Our order of March 16, 1998, will be further modified so as to vacate, effective March 25, 1998, that provision of the order excluding the defendant from the residence located at 433 Poplar Church Road. By the Court, /"1-: /I d..- ~:i~A. Hess, J. ./' / ~~aBUU~U~m "tl "tl en "tl s: )> < r 0 "Tl .1 ,., . I I 1.1.1 I I I I "tl "tl ~ 0 VJ 0 ~ 0 r CD I' m'~ IEall m ;J:> ~ ~ ;:9 z ~ - ;..~o(;",o ~cn - i ill ii ~~ - .-t.. 00 -....l I~ ~~:l ~~d ~ !lI!lIll! ;U ~ gi Si n!'J ~ ~m i~ ~ W 5 'i lI\ !lI '0 ~ en - ~ ^ Q'\ ~ z t ~ r iiSSIi~~e~ij~~ 7i1 ?i? I f I I I I I I I 1'1 ~~UI~OIUI~ ::I: D ~ eee dHlO 5 (j) ~ -l ;:9 0 s: "tl <.i\ r z ;0 ilnn~MMlg!ll ~ !:; 0 ~ -l glUnnl~ ~ m ... 0 - -l ~~i~~~U!llm "tl "tl :iE 0 o~ "tl en ~ ;! < z!; 1:";;15 !lI 0 ~ s: "TlZ m !lI ...:,' :o~ ~f '" ~ ;J:> 01: U\ s:~ )>: z m tD;: ~ ~ 0 -< t:. c:nl r cr.~ ;J:> m ! ~ mg :l:"""'1I:!iJ..nl;<<;!i W nn~o- ..... S" 0:;\ ...... till'" --<;III "'0 I 1'1 I ., I I , I" ~ )> ~e...,,~tJ..nl;nu i5\:""';::j,, i < ~ ~:!j~~~iFil eeeee s: ~:.. S"~~ ::I: 9 en "tl )> :I: ~g ~h.. "tl m ;:9 !!l .. z ill "tl I en 0 en ! "tl ~ ~ 0 VJ 0 0 z "tl r 0 1! .... < r -.l en :-:l ..J - :-:l I ~"'"'O"'''''''''O'''ZIll~~~ t t "''''''''''-O'''''QO!i Cltn>aI;IJ)(z,. m ,.1 I 1'1'1'1 I . "''''''''''''''''''''''OZ(lt~~~ N ::a::a::a:::a::a::a::a:::oog OOOCOOOQ::! a m :'9 ~ ;;Iiil;;l;;liilnliil;;l~ ~nS "tl "tl - ~~~~~~U~~~~~ "tl "tl ~ "0 !':J ~ ...... < o(l c ~2eeUee~:.n ~ &. ---l (") ~ ~ oooooo"s:~e 0 9 m ZZZ%zzzZ:::t _ ~ ~~Sljg~III~5g:!J ~ n!:-<clllln~ >cn~ ~ om ;:a m mg ::t D m 91 0 - .... z .. n -< C> ::-n...;;;..l.i---'" establish, except for the limited purpose of transferring custody during which times the defendanl shall remain in his vehicle. 7. The defendant is ordered to pay interim support to the plaintiff and the parties' minor children (Michael L.. Deimler and Andrea J. Deimler) in the amount of $100,00 per week, retroactive to March 20, 1998, in the form of a check or money order made payable to the plaintiff, mailed to her mailing address, pending the entry of an ordcr by the Cumberland County Domcstic Relations Office. Payments are to commence within five (5) days of the entry of the Protection Order and each Monday thereafter (the defendant is credited with paymcnt of$IOO.OO in the form of a check to the plaintiff on March 23, 1998). The defendant is further ordered to provide health coverage to the plaintiff and the parties' minor children, and to pay all of the unreimbursed medical expenses of the plaintiff and/or the parties' minor children to the provider or to the plaintiff if she has paid for the medical treatment. 8, The defendant is ordered to pay $250,00 to Cumbcrland County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating this case, and assessing the $25.00 surcharge and court costs to the defendant. 9. This Order shall remain in etfect for a period of one year or until modified or tcrminated by the Court, The Order can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff, 10. A violation of this Order may subject the dcfendant to: i) arrest under 23 Pa,C.S. ~6113; ji) a private criminal complaint under 23 Pa.C,S, *6113.1; iii) a charge of indirect criminal ..... r.:) :>- E~. '" 1_._ lU[~ .' r.~:J :-":, W' , " , :-'( '.,.. j::.. ':.. ~Jc:' ~-~ . . r~. ..-~~~.: ,!.. tlll... [rh, , C..:' .-; ;:;~ ,_~.tUJ "r.. ,)- !!.lCL.. ,-. ..~ .-~ ". m ::> 0 e.;, (,) J f C> 01 i i i I i j i ':' "t ==1 i i . J f~ ~ I :!;j f t i I I I I ~ Ir'l \I I 9~!: ~ . ~(iij I I 'V t ::u '%11 t 0 e1'1 ~ -l !l if m ~ l\. (') . ::I... f ~! xl i o! : z.. ~ if .,,~ ;l ~ R~ '" a: ~ ~~ ~ ~ ~i . f ~::: z~m ~ >)l .. !l. 1 ~~ ~ . I! ;, n ~ mnl a !!. c:i! j g i~~ & .- t/)!: (11'\ :D m~ 9- f i c l il' r~}'(J ~ '" > . i I :v .. ... 8 ~ !l. ~ f1 -rJ ! t: '" I ~ ll. <; !l I . ." ll. " ~-~ R t/) ~ ~ -: .g a x ~ -J f\!_ i ~f~ ~ . m . i II. m if ~ -! -I ~ ::r.! ~ ~~ ~ 8. ~ . L1 ~ t1' .. = f if ~ < . ~ =;1 if ~ I ~ i .i=z: ji: ;; .. I I j i? :v [ 4 - 0 i I ~ ~ ~a II' l: I~; ~! 8 ~ . :;_ll. ll. j ~ II. ." ." CIO c i .....,J~ ! " "tl ~ o~ 08 f 0 ! .. ~.- - ~~ '" ~ "'~ 0 , ~ a: .. ~ ~i . m n !!. . a " ?' . . ! j ; ; ~ ~~ ~J ~~ i S~ im S~ ~ ~i lffi ~i I ~ ~ i~1 ~I ~ i~ g ~Ii~i ~ II. .~~I ~ II ~f~~~,I!lls~1 i~~15e~i~ if i~1 ~iill iliii~s ~~~iiiii~!fsl~~~~~~i~~~ ~ 111"llrllf'!~!~l!lllllrlff"!~!~!jffirf , ,. iH~!UUH UH~~ ~~ ~~~~~ \ . . , ~ ~ . ~ ~ ~ ~s ~ ~ ~g ~g 0 ~ i ~o ~ ~ ~8 ~ ~ ~ ~ ~ ~ ~ .~ ~ ~ e ' , i Ii i I ~g ~I~~!! I : , J ~~a g ~ ~lld!!! : i ~ t; ~Iil: 0 III ~o ~~J~8~ I ~ ~ ~ ~ ~~~ ~ m ~~ ~~~~~f~ ~ ~ ! ~ ~ ~ I ~i5~ ~ ~g ~ ogo~ i m ID 'g !l! 8 j!; -~ ~ ~ ~~ ~~~8" ~!l! , !,. ~ ~ (ll!h; ~ IE~ I~~I"'~~~ I ~ >- III · ~~ ~ ~ it> g i,Sum III ~ ~ ~ ,Ii> ~ ~ !l ~l:! c ""6 g>-~ ~ ... Hili It ~ ~~ ~ i I.I~! ! I ~~ ~~~~~~ ~,~I =1 imJ~f!~~~1 ffiI p! ~ 15 'i5 l!l ~ g~ll!l~ ii:~>- lE ~~www~ ~ i Iii !I 1~~!IIII:,i II lilifi I~:i i'I.~~lilj""f~~~i ~i' ~ ~~I~~s ' i~~~I~I~ii~~ii,~~I~ii ,!I~~ e~I;I;iii~~~~JjJiaiI5,~11 I !J!I!jlg~I;I;!lf~~~!~~~llii!i~~i~!I!!j!~iiiliil~;lr'Jijl~ljj;;!j 9 ~~~U~.c..~:> h~o s 8 ~ ~ !S!! ~U~~~eU~U I~e U~.. uun ~ ~ i~~ ~~~ ~~~~S ~~~~a~g~~g~~~~~~~G~~!~ 4 .. , ~ ", LAUREN J. DEIMLER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1410 STANLEY M. DEIMLER, JR., Defendant CIVIL ACTION PROTECTION FROM ABUSE AND CUSTODY PETITION FOR EX PARTE EMERGENCY MODIFICATION OF CUSTODY ORDER ENTERED PURSUANT TO PROTECTION FROM ABUSE ACT AND NOW, this ~ day January, 1999 comes the Petitioner, Lauren J. Deimler, by and through her attorney, Joanne Harrison Clough, Esquire and respectfully files this Emergency Petition for MOdification of Custody Order Entered Pursuant to Protection From Abuse Act and request for ex parte relief and in support thereof avers as follows: 1. Petitioner, Lauren J. Deimler, is an adult individual who currently resides at 118 Beard Road, Enola, Cumberland County, Pennsylvania, 17025, is the natural mother of Andrea A. Deimler, born 1/13/95 and Michael L. Deimler, born 3/7/90. 2. Respondent, Stanley M. Deimler, Jr., is an adult individual who currently resides at 433 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania, 17011, is the natural father of Andrea A. Deimler and Michael L. Deimler. 3. The parties' eight (8) year old minor son, Michael L. Deimler has been living primarily with Respondent/Father since Thanksgiving, 1998 until January 12, 1999. .. , . 4 ... 4. On the 20th day of March, 1998, a Custody Order was entered pursuant to a Protection From Abuse act that was commenced by Petitioner, Lauren J. Deimler, granting her temporary custody of the above minor children. 5. Since the entry of the original Custody Order under the Protection From Abuse Act, Respondent, Stanley M. Deimler, Jr., pursued further custodial rights through the Court by requesting and having scheduled a Custody Conciliation conference, but canceled the same. 6. On or about January 12, 1999 at approximately 10:00 p.m., Respondent, Stanley M. Deimler, Jr., had the parties' four (4) year old daughter, Andrea J. Deimler and their eight (8) year old son, Michael L. Deimler, with him in the area of Cumberland Road off of Cameron Street in the city of Harrisburg and he was arrested in the presence of the children for drug related activities (Incident No. 1999-01-05256, Harrisburg city Police). 7. In the March 20, 1998 Protection From Abuse Order specifically stated that the temporary Order of March 16, 1998 shall remain in full force and affect, which granted temporary primary custody of the parties' children to the Petitioner, Lauren J. Deimler, and further directed that father's rights of partial custody shall be restored and the father shall have the children at a minimum of every other weekend and one night during the week, as the parties shall agree, and if they cannot agree, Wednesday p.m. A true and correct copy of the March 20, 1998 and the March 16, 2 4, 1998 Temporary Orders are attached hereto, incorporated by reference as Petitioner's respectively. 8. On the evening of January 12, 1999, the Harrisburg City Policy Department attempted to contact Petitioner, Lauren J. Deimler, at her residence because they had arrested Mr. Deimler and had the parties' two (2) minor children, Andrea and Michael in custody at the Harrisburg city Police station. 9. When Petitioner received the message that the Harrisburg City Police Department had attempted to contact her regarding her husband's arrest, she contacted the Harrisburg City Police and spoke to the booking department and learned that Respondent had been arrested and that the parties' minor children were with him at the time and/or at the Police station. 10. Before Petitioner, Lauren J. Deimler, could arrive at the Harrisburg City Police station to pick up the children, Respondent, stanley M. Deimler, Jr., had his father, stanley M. Deimler, Sr., pick the minor children up from the police station. 11. Since that time, Petitioner, Lauren J. Deimler, has contacted her in-laws and they did not agree to return the children to her. ~ , ", ~ made part of and Exhibits 1 and 2 12. In the late evening of January 12, 1999, petitioner, Lauren J. Deimler, spoke with her mother-in-law, Marlene Deimler, and asked her to please contact her immediately when Stanley M. Deimler, Sr. returned to their residence with the minor children. Marlene Deimler indicated that "she didn't know what he would do" and she never returned the phone call. 3 ."' . . " . 13. Petitioner, Lauren J. Deimler, is extremely concerned for the safety and personal welfare of her children. 14. Respondent, stanley M. Deimler, Jr., was at one time, represented by Lee E. Oesterling, Esquire and Petitioner, Lauren J. Deimle~ has provided Attorney Oesterling a copy of this Petition for Special Relief. 15. Petitioner, Lauren Deimler, currently has physical custody of both children but believes it is not in the best interest or welfare of the children that Respondent, stanley M. Deimler, Jr., have unsupervised access to the children pending a Court Hearing. WHEREFORE, Petitioner, Lauren J. Deimler, respectfully requests this Honorable Court to modify the Custody Order under the Petition for Protection From Abuse Action of March 20, 1998 to reaffirm to Petitioner, Lauren J. Deimler, the primary physical and legal custody of the minor children, Andrea Deimler and Michael Deimler and further order that Stanley M. Deimler, Jr. 's rights of partial custody of every other weekend and at least one night per week and at any other times mutually agreed by the parties be modified for all said visitations to be supervised until a hearing can be held before this Court on the events of January 12, 1999. Petitioner, Lauren J. Deimler, also requests that Stanley M. 4 . I \ ;t. . 1;. i.',':~' I..'... 1(' . ); r " .' ~ I" I,'" . , ~-, .i{ 1',7 "'1$' , , LAUREN J. DEIMLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 98-1410 CIVIL TERM STANLEY M. DEIMLER, JR., Defendant PROTECTION FROM ABUSE & CUSTODY ORDER OF COURT AND NOW, this 20th day of March, 1998, the parties are granted ten days within which to submit to the court authorities based on the tentative findings of fact as announced in open court and in their presence. In the meantime, the temporary protective order entered March 16, 1998, shall remain in full force and effect with the exception that the father's rights of partial custody shall be restored, and the father shall have the children at a minimum on every other weekend and one night during the week as the parties shall agree. And if they cannot agree, on Wednesday. The temporary protective order is further modified to provide that pending further order the defendant shall pay the plaintiff the sum of $100.00 per week in support. Our o~der of March 16, 1998, will be further modified so as to vacate, effective March 25, 1998, that provision of the order excluding the defendant from the r~sidence located at 433 Poplar Church Road. By the Court, T~':-: .......~v ":"~~\ "e('~RD . ,.\. .' _ . I I t.l '.' r...._.# I" -, .. .. ,,' ; . ',' ''''J "01 my hand . I . .. ..' . . I. . .,.1' ~.. J~d lh~ ~i..d: .jj ;iJ.~ C:::"'rT at C~r1i:;l3, Pa. This;?,~:.~'::. day of~:\.r.""...~., 19...'29- ,. - ..::,.Jf. P . ~ ................~\.~1,i;~.,...p~~~~..........,.. ~b-. /I d..- Kevi A. Hess, J, / EXHIBIT 1 future establish for herself, except for the limited purpose of transferring custody of the parties' children. The delendant shall remain in his vehicle on the street at the curb at all times during the transfer of custody. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiffinc1uding, 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 and the parties' minor children. The delendant is enjoined from entering the plaintiff's place of employment or the schools or day care facilities of the minor children, The defendant is enjoined from damaging or destroying 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. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, 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. ~6114.1. 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 an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. Temporary custody of the parties' children, Michael Lee Deimler (008: 03/07/90) and Andrea J. Deimler (008: 01/13/95), is hereby awarded to the plaintiff, Lauren Jeanette Deimler. LAUREN JEANETTE DElMLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYL VANIA STANLEY MARTIN DEIMLER, JR., Defendant NO, 98- CIVIL TERM ; 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. Any Protection Order granted by a Court may be considered in any subsequent domestic relations proceedings. including custody actions. FEES 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 up to $250.00 to reimburse one of Legal Services, Inc.'s funding sources for legal Services Inc.'s representation of the plaintiff. You have the right to be represented by counsel. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or tl(l~phql.le tb.,! office set forth below to find out where you can get legal help. ~:; ~~ ".~ . - 1""T"1 .J ';"1.,"-:: '-""7'1 t'::' .. ;'::: r;'"" CUMBERLAND COUNTY BAR ASSOCIA TlON :< ',' 2 LffiERTY AVENUE ~: , , CARLISLE, PENNSYLVANIA 17013", TELEPHONE NUMBER: (717) 249-3166 or TOLL FREE: 1-800-990-9108 FAX: (717)249-2663 :.' ;:= .-. ::() ....., '-n \--. ....") .; 1~ll :.:.:; ;".j ~ AMERICANS WITH DISABILITIES ACT 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 accessible facilities and reasonable accommodations available to disabled individuals having business betore 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. \: :J1 (...' fear of bodily injury, This has included, but is not limited to, the following specific instances of abuse: a) From March 7 through March 8, 1998, the defendant, whose condition of bail included no direct or indirect contact with the plaintiff, made approximately 16 telephone calls to the residence where the plaintiff and the minor children moved to avoid funher abuse after the incident on March 6, 1998. The plaintiff and her mend reponed the telephone calls to the West Shore Regional Police Depanmenl. b) On or about March 6, 1998, the defendant shoved the plaintiff twice, threw her onto the bed, and punched her in the face several times, The plaintiffs 10- year-old daughter, Alyssa, telephoned 911 for help, the West Shore Regional Police arrived and advised the plaintiff to go to her neighbors' home for her protection until the defendant left the house, which she did. After the officer left, the defendant went to the neighbor's home, yelled at the plaintiff, and ripped the distributor wires from the plaintiffs van to disable it. When the plaintiff walked in front of the defendant's truck to ask him to return the distributor wires to her van, he staned the truck and accelerated, causing her to fall to the ground at the side of the truck as she tried to avoid being run over. The plaintiffs neighbor telephoned the police for help. The West Shore Regional Police arrested the defendant, charged him with simple assault and recklessly endangering another person. The defendant was released on his own recognizance conditioned that he have no direct or indirect contact with the plaintiff, and that he not go to the plaintiff s residence or place of employment. A preliminary hearing in the matter is scheduled for Name Addresses Plaintiff; Alyssa A, Martinez, 118 Beard Road plaintift's daughter by previous Enola, P A 'reIatioriship; June Renshaw, plaintiffs ''''''i,~''~,W.. .-. , friend; Dennis Renshaw, Ms, Renshaw's son; and Lee Woodward, Ms. Renshaw's brother Dates From March 6, 1998 to the present ,,,'- ,. ...' ..' ... ",.; . ~.,.... J", to' . t..\ . ~ ," '. : ~" <t. '. Plaintiff, defendant, and Alyssa 433 Poplar Church Road From late April 1997 Camp Hill, PA to March 6, 1997 Plaintiff and Alyssa 433 Poplar Church Road From mid-March, 1997 Camp Hill, PA to late April 1997 Plaintiff, defendant, and Alyssa 433 Poplar Church Road From August 1993 Camp Hill, PA to mid-March 1997 Plaintiff, defendant and Alyssa R,R. Box 409 From March 1991 Landisburg, P A to August 1993 The plaintiff, the mother of the children, is temporarily residing at 118 Beard Road, Enola, Cumberland County, Pennsylvania. She is married, The plaintiff currently resides with the following persons: Name Alyssa A. Martinez Michael L. Deimler Andrea J. Deimler June Renshaw Dennis Renshaw Lee Woodward Relationship her daughter her son her daughter her friend Ms, Renshaw's son Ms. Renshaw's brother The defendant, the father of the children, currently resides at 1147 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania, He is married. The defendant currently resides with the following persons: I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in tear 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. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children, 4. Prohibiting the defendant from entering the plaintiff's place of employment or the schools or day care facilities of the minor children. 5, Prohibiting the defendant from damaging or destroying property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the home located at 433 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter. 7. Ordering the defendant to stay away from the plaintiff's current residence located at 118 Beard Raod, Enola, Cumberland County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may in the future establish for herself. 8, Granting temporary custody of the parties' minor children to the plaintiff. B. Schedule a hearing in accordance with the provisions or the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect ror a period or 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 written communications, except for the limited purpose of facilitating custody arrangements through a mutually agreed upon third party. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiffs relatives and the minor children. 4. Prohibiting the defendant from entering the plaintiffs place of employment or the schools or day care facilities of the minor children. 5. Prohibiting the defendant from damaging or destroying property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the home located at 433 Poplar Church Road, Camp Hill, 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' children, The defendant shall remain in his vehicle on the street at the curb at all times during the transfer of custody. 7, Ordering the defendant to stay away from the plaintiffs residence located at 118 Beard Raod, Enola, Cumberland County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the . :~'.-.."" I ,I t .' . I " " parties' childrcn. Thc defendant shall remain in his vchicle at all times \oI\".d \. I" :Ii>'f.<.t "", "....':iH:.1I.1'..:~. '.'f." ~ .0" l~ th~...~.~,f~t~~r.,.,~",;"""", \: .....:.... .' ',..' , ;.'. . ....',' ~ ';,~ ", \., ..' .. 8. Granting support to thc plaintiff and the parties' two minor childrcn in the amount of$IOO,OO per week payable to the plaintiff in the fonn ofa check or money order, mailed to her residence, and ordering the defendant to provide health coverage to the plaintiff and the parties' two minor children, directing the defendant to pay all of the unreimbursed medical expenses of the plaintiff and/or the parties' two minor children to the provider or to the plaintiff when she has paid for the medical treatment and directing the defendant to make or continue to make mortgage payments on the residence of the plaintiff. 9. Granting temporary custody of the parties' two minor children to the plaintiff. 10, 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 served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the West Shore Regional Police Department and Silver Spring Township Police Department which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Name: Residence: Dates: Parties, Andrea & Mike 433 Poplar Church Rd, CampHilI,PA 10/97-3/98 Andrea Deimler, Plaintiff, Brian Renshaw Somewhere in Texas 5/97-10/97 Mike Deimler, Defendant 433 Poplar Church Rd. Camp Hill, PA 5/97-10/97 Andrea Deimler, Aunt Somewhere in Maryland 5/97 Andrea, Mike, Defendant 433 Poplar Church Rd, Camp Hill, PA 1995-5/97 7. The Mother of the children is the Plaintiff, Lauren J. Deimler, currently residing at 481 Sample Bridge Road, Silver Spring Township, Cumberland County, She is married to the Defendant. 8. The Father of the children is the Defendant, Stanley M. Deimler, Jr., currently residing at 32 Hazel Circle, Hampden Township, Cumberland County. He is married to the Plaintiff. 9. The relationship of the Defendant to the children is that of father. The Defendant currently resides with his son Michael Lloyd Deimler, 10. The relationship of the Plaintiff to the children is that of mother. The Plaintiff currently resides with her daughters, Andrea Joan Deimler, AlIyssa Martinez, her son, Matthew Robert Renshaw, and her boyfriend, Brian Renshaw. 12, Defendant has no information of a custody proceeding concerning the children pending in a court ofthis Commonwealth or any other state. 13. Defendant does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 3 . ,..' \ \ ~ \. ~. h~ \'i '~t' ~. ,', 1'~~ i , ~., , " \of , I r I, ,", .'. C71 .,- ("'; '-,I Q (.. -7 <- ~,~~ 11"" ~(~~ ~ I"jL.. V.... 2,,-; ~-. ..~. c~ ":".... C) :;;e: ~ i;: ~t~ .~ ~:5 '.. '. -,' \:, :-:: :'~A -)"1"- '-~..l.'r\ .- r ~.?I 'po ~ ~-, .- ,o.., ::!;:. - l;1 '~' r~AR 2 2 2001/t1 " LAUREN JEANNETTE DEIMLER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1410 STANLEY MARTIN DEIMLER, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURt ~ AND NOW, this L "] ~ day of March, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, Legal Custody. The parties, Lauren Jeannette Deimler and Stanley Martin Deimler, shall have shared legal custody of the minor Children, Michael Lloyd Deimler, born March 17, 1990, and Andrea Joan Delmler, born January 13, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. 11 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and Information of reasonable use to the other parent. 2. Physical Custody, The Mother, Lauren Jeannette Deimler, shall have primary physical custody of Andrea Joan Deimler, and the Father, Stanley Martin Deimler, shall have primary physical custody of Michael Lloyd Deimler. 3, Mother shall have partial custody of the parties' son, Michael, and Father shall have partial custody of the parties' daughter, Andrea, at the times set forth below: A. Every other weekend from Friday at 6:30 p.m. until Sunday at 7:00 p.m, to commence with Father on March 16,2001, and each Wednesday from 4:30 p.m, until 7:30 p.m. B, Alternating holidays of Easter, Memorial Day, Independence Day, Labor Day, Trick-or-Treat night, commencing with Mother on Easter 2001, C. Three non-consecutive weeks each summer, to commence with the vacationing parent's custodial weekend, The parties shall submit to each other in writing the dates they desire for vacation by May 1'1 of that year. The holiday schedule shall take precedence over vacation schedule, .~. " No. 98-1410 D, Mother shall have the Children each Mother's Day and Father shall have the Children each Father's Day. 4. TransoortatiOQ. The parent receiving weekend custody shall be resPonsible for providing transportation for the entire weekend custodial period. The Wednesday custodial period transportation will be arranged as follows: Father will take Michael to Mother by 4:30 p,m. on her custodial Wednesdays, at which time he will pick up Andrea. Mother will, at the conclusion of the custodial time, provide the transportation to take Michael back to his Father each Wednesday, at which time she will pick up Andrea. The parties' purpose in arranging these Wednesday custodial visits in this fashion is to provide each Child with alone time with the parent in partial custody. 5, In the event that either party is going to be at work for a period of three hours or more during his or her period of Physical custody, the working parent shall offer the other parent the option of having Physical custody of the Children during the hours the other parent is working. E. The Christmas holiday shall be shared on an AlB schedule as follows: Segment A shall be from December 241h at Noon until December 25th at Noon. Segment B shall be from December 25th at Noon until December 26th at Noon, Father shall have Segment A in odd-numbered years and Mother shall have Segment B. In even-numbered years, Mother shall have Segment A and Father shall have Segment B, F, The Thanksgiving holiday shall be shared on an AlB schedule as follows: Segment A shall be Thanksgiving day from 9:00 a.m. until 3:00 p.m. and Segment B shall be from 3:00 p.m. until Noon the day after Thanksgiving. Father shall have Segment A in odd-numbered years and Mother shall have Segment B. In even-numbered years Mother shall have Segment A and Father shall have Segment B. 6. Neither parent shall take the minor Children after 9:30 p.m. to any restaurant, bar, nightclub, or establishments where alcohol is served; this does 110t include SPorting events or similar family entertainment venues, 7. Neither party shall make any disparaging or negative remarks about the other party to or in the presence of the minor Children. 8. The parties shall have reasonable telephone time accessed to the Children while they are in the other party's custody.