The URL can be used to link to this page

Home My WebLink About98-02041 ,,' "" ~ , ,j ~ \" \l ~ - ~"\ ~ \ \ \ ~ ~ - , .";) .. <::.J ~ c;) ,,-- ~ , t... ~ The del~ndllnl is el\Joined from damaging or destroying property owned jointly by the plIl'lies (II' owned solely by fhe (llalnlilI ^ vlollltllln of this Ordl'I' mllY suhJed the defendantlo: I) arrest under 23 J>a.C,S, 6611.1; "> a private criminal complaint unlier 23 J>a.C.S. ~6113, I; III) a chal'ge o/'lndlrect nlmlllal contempt under 23 Pa.C,S. ~6114, (lunlshahll' hy hU(lrlsollment up to six months Ilnd a nne of$IOO.OO-$I,OOO.oo; and Iv) civil cOlltemplunder 23 J>a,C,S, ~6114,1. I~esumptlonof ClI-resldence on the pllrt of the plnlntllT nnd defendant shall IIot Illlllll'y the (ll'llvlHlollS of the court order, This Order shall remain in effcet until modified or terrninaled by the Court and can be extended beyond its original expiration date if the Couti/lnds that the deltmdant has commined another act of abuse or has engaged in a (lanem or practice that indicates continued risk of ham to the plaintill Temporlll)' custody of Sabrina, Samantha, Austin, and Aurora Burkholder is hereby IlwlIl'ded 10 the plllintill~ Kathi Louise Burkholder, A hearing shall he held on tllis matter on the'~l2t1,:j_ day of April, 1998, at f,jzJ pm., in Courtroom No,,::;1.., Cumbcrland COIOlIy Courthouse, Carlisle, Pennsylvania, The plaintiff may proceed without pre-payment of fees pending further order of coUrt, The Cumbcrland County Sherill's Department shall attempt to make service at the plaintilfs rClluesl and without pre-payment of fe\1s, but service may be accomplished under any appllc.1ble nile of Civil Procedure, This Order shall be ,Iocketed in the office of the Prothonotal)' and fOlwarded to the Sheriff 101' service, 'The Prothonot.1l'Y shall not send II copy of this Order to the defendant by mail. Kathi Louise Burkholder, PlainWl' and on behalf of hor minor children: Sabrina, Samantha, Austin, and Aurora Burkholder : IN THE COURT OF COMMON PLEAS OF : CUMBERI .AND COUNTY, PENNSYLV ANJA NO, 98. CIVIL TERM VH, Michael Andrew Burkholder, Defendant PROTECTION FROM ABUSE : AND CUSTODY NOTICE You have been sued in court, If you wish to defend against thc claims set fOI1h in the foUowing pages, you must take action promptly after thill Petition, Order and Notice are sOlved, by appearing personally or by attorney at the hearing scheduled by the Coul1 and l!resenting to the Court your defenses or objections to the claims set forth against you, Y 011 are warned that if you fail to do so the Court may proceed without you, ,IIId a judgment may be entered against you by the C01ll1 without fUl1her notic() for any money claimed in the Plltition or fill' any nlhllr claim or relief requested by the plaintilI You may lose money or property or other rights impol1antlo YOII, Any Protection Order granted by a Court may be considered in any subse(IUent domestic relations proceedings, Including custody actions. f'EES AND COSTS If the case goes 10 hearing and thll judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be re.quired to pay up to $250,00 to reimburse one of Legal Services, Inc, 's funding sOlll'ces for Legal Service,~, Inc, 's rcpresentation of Ihe plaintift 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 an'ord one, ItO to or telephone the omce set forth below to find out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 LlliERTY AVENlJE CARLISlil, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249.3166 AMERICANS WillI DISABILITIES ACT 01<' 1990 The Coul1 of Common Pleas of Cumberland County u. required by law to comply with the Americans with Disabilities Act of 1990, For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having busincss before the court, please contact OUf oflice, All an'angements must be made at least 72 hours prior to any hearing or business befcJre the court, You must attend the scheduled conference 01' hearing. e, In or about April 1997, the defendant became enraged with the four year old minor child, Samantha, because she didn't change her school clothes and smacked her on the bUl10eks causing bnlising, 1: On several occasions since 1988, the defendant has shoved, restrained, choked, punched, and slapped the plaintitI He has also pulled the plaintitrs hair, sexually assaulted her, and threatened to kill the plaintiff and himself causing her 10 fear till' her safely, The defendant has choked the plaintiff until she was unconscious, forcefully head. butted her, fractured her wIist, and bruised her eyes, 5, The plaintiff believes and therefore avers that she and the minor children arc in lnunediateand present danger of abuse from the defendant should they relum to the home without the defendant's exclusion and that they arc in need of protection from such abuse. 6, The plaintiff denires that the defendant be enjoin cd from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, or the minor children, 1, The plaintiff desires that the defendant be restrained !i'om entering her place of employment or the day care facility of the minor children, 8, 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, 3 B. F;~CLl1S[VI': POSSICSS~ 9, The home lil>ln which Ihe plllinlill is IIsking the Courttll exc.\ude Ihe delendaut is owned In the nllmes of the plainlifl'lInd Ihe d(.\I(,ndlll1l, hntthe defendllnt volulltarily len on or about JanulIry 1998, 10, The delcndantls cUll'ently living wilh his Iilther and step-mother's residence which is located at 692 Ridg,e Road, Shippensburg, Penllllylvania, II, The plaintill'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 and to continue their school and social activities, C. LOSSES AND RK[M8URSF;MF~NT FOR COST 01" CASE 12, The plaintilf asks Ihatlhe defendant be ordered to pay $250.00 10 rllimburse one of Legal Services, Inco's funding sources for the cosl of litigating this case, D, TF;MPORARY CIJ1ill)DY 13, 'l1le plaintl1lseeks tcmporary custody of the following children: ti!!.m! Present R,esldenee ~ Sablina Rose Burkholder 36 Countryview Estalcs 5 yrs, old Newville, P A DOB 6/6/92 Samantha Jo Burkholder ,~6 Countryview Estlltes 5 yrs, old Newville, P A DOn 6/6/92 Austin Kane Burkholder 36 Countryview Estatcs 4 yrs, old Newville, P A DOB 10/5/93 Aurora Elizabeth Burkholder 36 Countryview Estales I yr. old Newville, I' A DOB 5/17/96 4 The children Wore nol bom ou! of wcdlock, The children arc presently in the custody of the plaint In; Kathi I,oulse BUl'kholdel', who resides at )6 Countryview Estates, Newville, Pennsylvania, During the past five years, the children have resided with Ihe tollowing pCfllons and at the following addresses: Name Plaintiff and defendant Plaintiff and defendant Plaintiff, deJimdant, TIJl'i Eash (plaintiff's sister) and Gary (last name unknown) Plaintiff, defendan~ Patricia Wagner (plaintiff's mother), and Butch Mellinger Plaintiff and defendant Plaintiff Add~ ~ 222 Mcadow Drive Shippensburg, P A 1993 to 1994 401 Mcadow Dlive Shippensburg, P A 1994 to 7/97 IOtA Spanglers Mill Rd, New Cumberland, P A 4/97 to 7/97 1120 Roxbury Rd, NeWburg, P A 7/97 to 9/97 36 Counltyview Estates Newville, P A 9/97 10 l/911 36 Counltyview Eslales Newville, P A l/911to present The plaintiff, the mother of the children, currently resides at 36 CounttyView Estates, Newville, Cumberland County, Pennsylvania, She is manied, The plaintiff currently resides with the following persons: s II, 1'11l! /llllill/i/fis II rus/IOIIsiMe IIrel P 1/ W"o Clllllle'~//IIke eUl'e of /L , mlllol'eLil1 I 'Ie " c 1'011, IIl1c I'IIS Providecll;,/, 11 '. , Ie el1!lJ/Ul/IIII IIl1d /'''ysie'11 Oeeds of /ho Childron since fhcir "il1h~, h, I '/1rc defi!/1cli,n/ hilS ~how h n Y h/,9 ahl/se of the PIII/nt//I.t" t h I ' ., " ." 1I01l/>proPtlllte role Inodel fill' the l1!inor ch/ld ron. 1'1'e defendllnt's " 'h ' o IIV/or h.1,~ IIdverse~y allee/Od tho ehild WIIliR>;"OR'. "', '. """..,, '0 'ho ''''"''''''' of '''' .. """''''d, 1 7. /9,,,,,,,, C"" . 6/t) . . """ ^"'" .-lot" 01 (~'''''' " I ""'" .. ""''''''', th, ....""r" ' tho folio.... ""''' , "' th. 1/"""""" ('mot '0 ..... e, ,<\, OrUnt II l' OrnPOl'ary Ordol' pursuant /0 the "l'ro/ee/ioll ft:c)11! Ab " Uso Act:" I, """""... d'f"'''l/o >Off... ffOI1! h ' h a 11S/IIIH c PIa/ntiJf 01' the m'- '/ " UIOr e II drell Or Plaeill" Ihcm' " . <> '" ,eiIJ of ahu,~e, 2, Orderin" ti'e d ,/' d <> t. en ilJl/ 10 rcfhi~ Dro....1 ' . q, .., 'a/'assl1lg alld stalkillg thc p1 ' //ff a", and from har'1'~N/ng /ho Plaintif!'._ r I t' . "0 ,1 l\Ie,9 IInd the l1!inor Chilellren. .', """'1M'.... ",r.."", ';"", "'0;.. tho """"'" place of CI1JPlo.Yl1!Ont Ortho cia , " Y caro fac/llly of the l1!inor childroll, 4, PrOhibiting /ho defendant frOI1! d ' al1!alJ1ng Or destroying Pro.... , ,~l1y.1o/n/~y OWned "y the PIIrt/' , es or OWned Solely hy the Plaintiff. 7 deslroying property jointly OI\l1ed by tho parlies or owned sololy by the plnlnljfl'. 5, Granting possession of Ihe home localcd at .16 Counhyview E,qtates, Newville, Cumberland County, Pennsylvania, to the plaintiff to the exclusion oflhe defend lint. 6, Ordering the defendant to stay away from any other residence Ihe plaintitl may eSlahlish, 7, Ordering the delcndanllo pay S2S0,OO 10 rcimhurse one of Legal Services, Inc,'s funding sources lor the cosl of litigating this case, The plaintiff fwihcr IIsks thai this Pelition be filcd nnd served withoul p.lyment of fees and costs by the plaintifl; pending a further order at the heating, and that certified copies of this Petition and Order be dclivored 10 the Pennsylvania Slate Police and the Carlisle Police Departments which have jUlisdiclionlo enfol'ee this Order, nte plaintiff prays for such othcr relief as may be just and proper, COUNT II CUSTOI>Y UM)ER PENNSYLVANIA CUSTODY LAW 18, The allegations of Count I above lire incorporated herein as ifthlly set forth, 19, The best interest and pennanenl welfare of the minor children will be served by eonfinning custody in the plaintiff as set forth in paragraph 17 of the petition, WHEREFORE, pursuant to 2.1 Pa.C,S, ~ 5.101 ~t scq" and other applicable rules and law, 9 Kathi Loulle Burkholder. Plaintiff and on behalf of her minor childron: Sa'llrina, Satnanl!la, AUIltin, and AurO/'a BlIl'kholdcr : IN 11m COURT OF COMMON PLEAS Of' : CUMBERJ ,AND COlMJY, PENNSYLV ANJA "bt I : NO, 98.>>U CIVIL TERM VII, Michael Andt'ew Burkholder, : PROTIiCTlON FROM ABUSE Defendanl : AND CUSTODY ~ROTECTlON ORDt(R AND NOW, thisJ...\y of Apti~ 1998, upon consideration oflhe Consent Ag/'emtenl of tho parties, tho foUowing Order is onterod: 1. Tho defbndallt, Michael Androw Bul'kholder, is ellioined from physically abusing the plaintiff, Kathi Louise Burkholder, or the minor childrel1, Sabrina, Samantha, AU8tin, and Aurora Burkholder, or from placing thmt in foar of abuse 2, The defendant is ordorod to refrain from harassing and stalking the plaintiff and from harassing the plaintill's rlllatives and tho minor childrCll. 3. Tho defendant is prohibited f/'Om entering the plaintiff's place of employment or the day care facility of the minor children, 4, The defendant is prohibited from damaging or destroying any property jointly owned by the parties or solely by the plaintiff. 5, Tho defendanl is excluded from the plainti1fs residence located at 36 COUlltryview Estatos, Newville, Cwnberland County, Ponn.'l}'lvania, and any other residonce the plaintiff""Y establish, 6. The court costs and fees are waived, Kathl LouillCl Burkholder, Plalntiff and on behalf of her minor chJldren: Sabrina, Samantha, All8hn, and Aurora Burkholder VB. Michael Andrew Burkholder, Defendant : IN'mE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ,~OVI : NO, 98-~1 CIVIL TERM : PROTECTION FROM ABUSE ; AND CUSTODY ~ CUSTODY ORDIt;f~ AND NOW, thJsk~ day of Apri~ 1998, upon consideration of the parties' Consctlt Agreement, the foUowblg Order is entered with regard to Cll8tody of the parties' chHdren, Sabrina, Samantha, All8hn, and Aurora Burkholder, 1, The plaintiff, hereinafter referred 10 as the modler, shall have primary physical and legal eustody, 2. The defendant, hereinafter refened to as the father, shall havc supervised visitation with the children at least once a week at limes agreed upon by the mother and father with either Donna or Davc Burkholder being present dwing the \<isits or any other person that the mother and father agree upon as a aUperviaor, 3, The mother and father shall give rtlasonable notioe to the other party if a soheduled period of supervised visigllon ncods to be canceled or modifiod and a make-up period shall be offered within a reasonable time framo, 4. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shaD remain in effect Willi further order of court, 5, The mother and father shall notify the other immediately of mccUca! emergencies which arise whHe the chHdren are in that parent's oare, 6. The defendant, although entering into this Agreement, d0C8 not admit the allegatiollll made in the Petition. 7, The defcndalltundllllltands that the Protection Order entered in this matter will be in effect for a period of one year and cnn be extended beyond it onginal e1(pirntion <!.tte if the Court finds Ihatthe defendanl ha.q commilled another act of abuse or has engaged in /I patten! or PI'actice thaI indicates continued risk of hann 10 Ihe plaintiff. The dcfondantundel'Slattda thaI thls Order wlIJ he enforceable in the same manner as the Court's prior TomporlllY PrOlection Order entered in this CJl8e. 8, Violalion ofthe Prolection Order may subject the defendanlto: i) /lITest WIder 23 Pa.C,S. ~6113; ii) a privale ctiminal complaint under 23 Pa.eS, ~6113.1; ill) a charge of indirecl ctirnJnaI contempt undl'l 23 Pa,C.S, ~6114, Plinhlhable by impri!iOnmenl up 10 six months and a fme of $ l()(}. OO-S I, 000. 00; and iv) cM! contempt WIder 23 Pa.C.S. ~6114, I. 9. The defendant and the plaintiff agrec to the enlty of an Order providing for the following regarding cUSlody of their children, Sabrina, Samantha, Austin, and Aurora Burkholder. a, The mother shall have JlllmlllY physical and legal custody of the children. b. The father shall have sUporvised visitation with the children at least once a week at times agreed upon by the mother and father with either Donna or Dave Burkholder being presenl during the visits or allY other pernon Ihat the mother and father agree upon as II sUpervisor. c, There shall be reasonable notice given 10 the other party if a scheduled period of sUJl1ll'Vised visitation needs 10 be canceled or modified and a make-up period shaD be offered wilhln a reasonable lime frame, d. 'The mothe.' and father, by mulual agreement, may vary from this schedule at any dme, bUI the Order shall remain in effect until further order of cOIll1, e, The mother ll!td father agrec that each shall notify the other immediately of medical emergencies which anse while the children are in that parent's care, 1', The molher and father realize that their children's well being is paramowtt to any differences they might haw bclween themselves, Therefore, they agree that neither party shall do IlI1}'thing which may estrange the children from the other parenl, or injure the opinion of the children as to the other parent or which may hamper the free and nalural development of the children's love or respect for the olher parent. WHEREFORE, the parties request that a Protection and a Custody Order be entered to reflect the above terms. 11a.u, X(\w." ~ '/C~"i..h,">f!,"-I/I Kalhi Loulse Burkholder, Plaintiff r~ #~__ Michael Andrew Burkholder, Defendant c&"~/~i<~ . .....,,~.:~._~~-,-_._"..._- ....~..__.-c.~...__._........;. Joan Carey Attorney for Plain LEGAL SERVICES, INC. 8 Irvine Row Carllsle, P A 17013 (717) 243.9400 ~ I :i lL " ,! , I ',' I_I .i) ',.1 jt ;-'-.1 ,. V'); :~.) '" 4'- ~ , }..I , I>l 4, "'l .... 1 \. I ':'C> y-; :-u , ) 'I l ~.'1 ',j ;\ I l{l ,;'<'11 o"J ! , i,il I j j i j . i R it ,f ~ It if! i~ if! ~ ~~ i,M ~i a! UI'~ u Il,J( I Ii .~fl ~ II rfflll' I~~I! 1~lleelll II ;~I uS f In j Inn, Gi ~ j d JJ i~iEitiliii iitii~ ~~ ij~~i ~l , ~ d i ! ill' ,II . ~ I il I I f; ;!I~I~ I ~I, I fJ11 ~ fi 'hln I f i' ; ~ ~ hihi' ! ~ tll~ g c I~ ~ gl~ ~ i [[ ! I Ii I ~ I'i f I ~! Ir~~ , I ~I J !!!~~lml~1 I ~ I~~ ~,~ \ i~~~g ~j~~ag~~~~~~ii~~~5S~I~ Kalhi Louise Burkholder, Plaintiff and on behalf of her minor cWldren: Sabrlna, Samantha, Auslin, and Aurora Burkholder : IN nm COURT OF COMMON PLEAS OF : CUMBER! ,AND COUNTY, PENNSYLVANIA "'';11 : NO, 98-2141 CIVIL TERM VIi. Michael Andrew BurldJolder, : PROTECTION FROM ABUSE Defend.1nl : AND CUSTODY ~fBQIECl'l?N ORDtB _NOW, ...It.of _ 199', _ -of...""-u _'0' the parties, the foDowing Order is entered: 1. The defendant, Michael Andrew Burkholder, is elJioined from physically abusing the plalnt:i1f, Kathi Louise Burkholder, or the minor children, Sabrina, Samantha, Austin, and Aurora Burkholder, or from placing them in fear of abuse, 2. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plainlitl's relatives and t.he minor children. 3. The defend.1nt is proWbited from entering the plaintiffs place of employment or the day care facility of the minor children, 4. The defendant is prohibited from damaging or destroying any property jolnlly oWlled by the parties or solely by the plaintiff. S. The defendant is excluded from the plainlitl's residence located at 36 Countryview Esta~ NewviJle, CwnhCi-land County, Pennsylvania, and any other residence the plaintiff may C8tablish. 6. The court costs and fees are waived. Kalhl 1.0. Burlcholdcr, PWnI#f and on behalf of her minor llhlJdrQn: Sabrina, Samantha, AIl8Iin, and Aurora Burkholder VB. Michael Andrew Burkholder, Defendant : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ,~O<{ I : NO, 98.~1 CIVIL TERM : PROTECll0N FROM ABUSE : AND CUSTODY ~ CUSTODY PRDEB AND NOW, dJJs1J day of April, 1998, Upon consideration of the parties' Consent Agrccmcn~ the tbUowing Order is entered with regard to Cll8tody of the parties' children, Sabrina, Samantha, Austin, and Aurora Burkholder, ], TIICI plaintiff, hereinafter referred to as the modler, shaU have prinwy physical and legal custody, 2, 'l1te defcndan~ hereinafter referred to as the fadler, sha" have supervised visitation with the children at least once a week at times agreed upon by the mother and fatlter with either Donna or Dave Burkholder being present during the visits or any other person that the mother and father agree upon as a supervisor. 3, 'l1te mother and father shall give roasolUlble notice to the other party if a ,~cheduled period of supervised visillttion needs to be canceled or modified and a make-up period shall be offered within a reasonable time frame. 4. The mothcrlnd father, by mutual agrccmen~ may vaJy from thla schedule lit any time, but the Order shaU remain in Ilffcct Wltil further order of COtu1. S. The mo,her and father shall notify the other immediately of medical emergencies wItloh arise wItiIe the children arc in that parent's care, ~ ". c '. ..:l :-'. ~. .... '-j Cl .- 'K"': ~J.'" - 1..,..; lfi'~ .-or C)...~... {.,t ."-.. "":r.. ~ r(i"" ('.).,~) ("1 0 '~';{ii - R:' _ :~')Z . . f,j;\:'l t,!;J ib~ . [.1., ;:2 (9 1. -... "::0. ,\5 ~.. a ,. II j' ~ l'l i ... ~u; Ii ] , I hi f ~! .1) .1 ~! .~ ~lH ~ > ~ ~ ~~~~. ,i!;B ~ ~ (j ~ '. jI .' , J I , f M , , I f f J , ! J , , , I I J I , r- : I M-1-.. ~ ! e~ f J j ! ~ t~ J J j-j . I j l~ j I ~ J J I ,~j I~ ,i' i'Q f ( It , . t~ .-.) .. ,~ ~ , ... <.) " \I) , <J ~ '~ ,l ~ . ~\:: Q --.l.i j ~ . ~"l.:~ \I. \L ~ ~ 2 "v-' , ,J -J " , .,J ~.\ ~~~~~'~~HH~~~~~~~~.~ ~~~:~ \ \ \ \ \ \ ~~~ ~~J i ! InSUiiU I ,; Illdil U lilli, ~ I If I ~ ~ i I,' lilN Ii s i ~i; ~ iIi, ' i;! ~I ~ h ~ ~ ~ ! i i ~ ~ ~ I j ~ !~ ~JI ~,~ I ; ~Ii i ~ j ~; ~~ ~I ~ i ~ ~I~ I ~; I d~~m~ i I' I., :.1 ~ i ~ ~~ ,~ ! ~ d I I ~ ~I a i ! U I; 8i .~ i Q i!; .0; .'1' I.'. ;, ;:~ ., .'~ ~~!;~ ~~ !~~,~, ~~"~""!!' lr . 1!11!ljiiijjl!ijllil~liiiijll~I~1111 t. i~ ,.i II Jill!'!!.i ""'ifl"'I' ~t ~ ~ St i i ; h ~j h ; liS !iJ5 liS ~ ~B J~ ~B ! ; ; i . i ,0