HomeMy WebLinkAbout98-02246
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.. On or aOOul April 8, 1998, Ihe defendant grabbed the
plaJnlUf by her legs and threw her oft' of lhe bed causing her pain,
When the plaintiff wentlnlo lho bathroom, the defcndantlrapped
her in there by stMlding at the door, pUllhed her backwards causing
her 10 tall Into a bathtub and con/ining herlhere for approximately
lhirlyminutCls causing her to fear tor her safely. The defendant
jumped on dIe plalnliff's stomach whlle she WM on tho floor,
aUcntpled to choke her, called her vii" names, MId grabbed and
Iwlstod her wrists,
b, In or about fiebnwy 1998, the detendant pulled a telephone
out of a wall, swiped a lamp off of the table, threw kitchen chairs
around a room, threw a Iable and chairs outside, and pushed the
plalnliff against a sink caUlling her to fear tal' her safely.
c. On several different occasions since approximately 1985, the
defendant has broken many objects in the house cauaing the plainliff
to fear for her safety, punched waDs, pushed the plaintiff, and
grabbed, choked, and slapped her, On at leMt one occasion, the
defendant threatened to bum the house down causing the plalntltf to
fear for her safely,
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s. The plalnlllT belleves and therefore aven that she 18 In immedlate and present
danger of abuse from the defendant should 8he remain in Ule homo wilhout the defendant's
exclusion and that 8he is in need of protection from such abuRe.
6. The plaintiff desires that the defendant be prohibited from having any direct 01'
indirect cootact with the plaintiff including, but not Ilmited to, telephone and written
communication8, except for the IlmJted purpose of facilitating custody arrangemenl8.
7. The plaintiff desires that the defendant be e'\ioined from harassing and sta/klng the
plaintiff, and from harassing the plainlifi's relatives, or her minot. children.
8. The plaintlff'desires thaI the defendant be re8trained from entering her place of
employment.
9. The plaintiff desires that the defendant be c.uoined from damaging or de8troylng
any property owned Jointly by the parlles or owned solely hy dIe plaintiff.
B, EXCLUS,VE POSSESSION
10. The mobile home from which the plaintiff is asking the Court to exclude the
defendant is owned in the names of the plaintiff and the defendant, nle land on chich the mobile
home is sitting is in the defendant's name only.
11. The defendant moved into another residence located at 1031 M'Yllpple Drive,
Shippensburg, Pennsylvania, on or about AprilS, 1998.
12. The plaintiff eUlTClltly has no place to stay with her chJldrcn exccptthe mutual
home.
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18, ThlllllalnUII'dllllN 1101 know of any IlCl'HOII nol a party 10 tItls action who has
phYNlcal cuslody of Ihe child or clalmll 10 havc cUlltody OJ' viAitation rightN with reApecl to Ihe child,
19, '!lIe ooHllnlereNIN and pennanent welfare of the minor child will be met if custody
llIlomporarily 1lI'IIIIcId to Ihe Illalnliff pending a hearing in this matter for reasons including:
Ii The plaintiff is a rCNponsible parent who can besl take care of the
minor Ilhlld, and hllll provided fOr the emotional and physical needs of the child
.inoe hlH htrth,
h, 'Ille defundanl has shown by his abuse of the plaintiff that he is not
III aplll'OllNle rolll model for the minor chlld.
WI mRHFORE, pursuant to the provisions of thc "Protection from Abuse Act" of October
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7, 1976, 23I'a,C.S. ~ 6101 ~ ~~., as amended, the plalntiffprays this Honorable Court to grant
the loUowlng relief:
A. Grant a Temporary Order pursuanl to the "Prolection from Abuse Act:"
1 , Ordering the defendanl to refrain from abusing the
plaintiff or placing her in fear of abuse.
2. Ordering the defendanllo refrain from having any
direct or IndirM contact with the plaintiff including, but not limited
10, IcIlephone and written c'.lmmunlcatlons, except to facilitate
cUIIlody alTangementll.
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D, S~hCldule ahearillgln accordance with the provlsiol18 .of the "Protection from
Ahu.e A~l," and, atler such hearing, entel' an order to be In effect for a period of one year:
I . Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear (If 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 to facilitate
custody anangemen18.
3. Ordering the defendant to refrain from haraBlllng and
stalking the plalntitl' and from haraBlllng the plaintiffs relatives and
her minor children.
4. Pl'Ohibiting the defendant fl'om entering the plaintiff's
place of employment.
5. Prohibiting the defendant from damaging or
destroying property jointly owned by the parties or owned solely by
the plaintiff.
6. Granting po88ession of the mobile home located at
124 Gilbert Road, P.O. Box 385, Shippensburg, Cumberland
COWlIy, Pennsylvania, to the plaintiff to the exclusion of the
defendant, except for the limited purpose of transfening custody of .
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the patUCII' child. The defendant shall remain in IUs vehicle at aU
times during the transfer of custody.
7. Ordering the defendant 10 stay away from any other
residence the plaintiff may establish, except for the limited purpose
of transfening 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 pay $250.00 to reimburse
one of Legal Services, Inc. 's funding sources for the C'.JIJt of litigating
this case.
The plalntift. further asks that tills Petition be ftled and served without payment of fees and
costs by the plaintiff, pending a further order at the hearing, and dllt certified copies of this
Petition and Order be delivered to the Mid..cluuberland Valley Regional and the Pennsylvania
SlIIte Police Departments which have jurisdiction te enforce this Order.
The plaintiff prays for such other relief a.~ may be just and proper.
COUNT II
CUSTOQ.Y UNDER PENNSYLVANIA CUSTODY LAW
20. The allegations of Count I above are incorporated herein lIII if fully set forth.
21. The best interest and pennanent welfare of the minor child will be served by
confinning Cll8tody in the plaintiff as set forth in paragraph 19 of the petition.
WffEREFORE, pursuant to 23 Pa.C.S. ~ 5301 ~ ~., and other applicable ndCII and law,
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on ono prearranged occasion for the defendant to rolJievc hiS two oars and any othcl' property that
the parties mutually agrel: belongs to the defendant.
7. 'The defendant is ordered to stay away from any other residence the plllinliff may
establlsh, except for the limited purpose of tmnsteRing custody during which times the defendant
shall remain in his vehicle.
8. The court costs and tees arc waived.
9. This Order shall remain in eftect for a period of one year or until modified or
tenninated by the Court. The Order can be exlended beyond ils original oxpiration date if the
Court fmds that the defendant has committed another act of abuse or has engaged in a pattem 01'
practice that indicates continued ri~k of hann to the plaintiff.
10. A violation of this Order may subject the defendant to: i) arresl Wldcr 23 Pa.C.S.
~6113; ll) a private criminal complaintlmder 23 Pa.C.S. ~6113.J; ill) a charge of indirect criminal
contemptlmder 23 Pa.C.S. ~6114, pWlishable by imprisonment up to six months and a fine of
$100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6] ]4.1. Resumption of co-
residence on the part of the plaintiff and defcndant shall not nullify the provisions of the court
order.
11. The Mid.Cumberland Valley Rcgional and the Pennsylvania State Pollce
Departments shall be provided with certified copies of this Order by the plaintiff's attorney and
may enforce this Order by alTCsl for indirect criminal contenlpt without warrant upon probable
cause thai this Order has been violated, whether or not the violation is committed in the presence
of a police officer. In the event that an arrest is made under this section, the defendant shall be
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Kathleen Etil.abeth Diehl,
Plainlift'
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: IN '11IE COURT OF COMMa
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
Chmes Todd Laughman,
Defendant
: NO. 98.2246
CIVIL TERM
: PROlTiClTON FROM ABUSE
: AND CUSTODY
ORDER OJ<' COl!BI
AND NOW, IhJs -_.__8'6..___pu day of_N.~_", 1998, upon ccmsideration
of the parties' Consont Agreement and the attached petition, it is hereby directed that the parties
and thcir~s~~ ~o~el ~~r before_1W;;~;;:L.t.X,_L)llLO:::1-L.e;:,Q.L---1 the
conciliator, "'~~\hf-lyn;~~'&li day of .:J.u~__, 1998, at.10.L:sb.Jl.D1., for a
Pre-Hearing C~tO(fy'Cillit"erCnce. At such conference, an effect will be made to resolve the issues
in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the
cow1, and to enter into a temporary order. Failure to appear at the conference nuy provide
grounds for entry of a temporary or pennanent order.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTII BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR, 411-1 FLOOR
CUMBERLAND COUNTY COUR1l10USE
CARLISLE, PENNSYL V ANlA 17013
TELEPHONE NUMBER: (717)240-6200
AMERICANS WITU DISABILITIES ACT OF 1990
The eoun 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 individuais h.aving business before the court, please contact
our office. AU arrangcmenlJJ must be made at least 72 hours prior to allY hea:ing or buaincss
before the coun. You must attend thc scheduled ccmfercncc or hearing.
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For the Cow1,
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Custody Conciliator - en.\
7. The defendant 8&J'Cel to stay away &om the plaintiffs residence locllted at 124
0IIb0rt Road, P.O. Box 38', SlUppcnlburg, CwnbcrL1nd County, PennJYlvanla, and any other
Raiden\1e the plaintiff may catablisb, except for the limited purpose of tranafcning custody, and on
one prearranged occaaion for the defendant to rctri~ his two can 8IId any other pi operty that the
parties mutually agree belongs to the detendant. The defendant shaD remain in his vehicle at aD
times dwing the transfer of custody.
8. The defendant understands that the Protection Order entered in this matter will be
in effect for a period of olle year and can be extended beyond it original expiration date if the
ColU't finda that the defendant has committed anotllel' act of abuse or has engaged in a pattern or
practice tbatindicates continued risk of hann to the plaintiff. The defendant underatanda that this
Order wiD be enforceable in the same manner as the ColU't's prior Temporary Protection Order
entered in this case.
9. Violation of the Protection 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; ill) a charge ofindircct
criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a
fine of $100.00-51,000.00; and iv) civil cootempt under 23 Pa.C.S. ~6114.1.
10. The defendant and the plaintiff agree that temponuy cuatody of Icny Lee
LaughDlan is hereby awarded to the plaintiff, Kathleen E\izabeth Diehl, until further order of colU't
S. The plaintitfbcJiCMI and 14ereforc mn that she is in immediate and present
dlDaer of abUle from the defendant should she mnaln in the home without the defendant's
exclusion and that she is in need of protection from such abuse.
6. The plaintiff desires that the defendant be prohibited from having any dircot or
indirect ccmwt with the plalndff includin& but 1I0t Iimitcd to, telephone and written
c:omm1lllicaUOIII, except ftJr the limited purpoao of facilitating ClUItOdy an'lIJI8C1Denll.
7. The plaintiff desires that the defendant be eI\loined from barusing and staWng the
plaintiff, and from haraasing tho p1alnlift's rc1a1ivca, or her minor children.
8. The plaintiff desires that tho defendant be restrained fronllllltoring her place of
CllDployment.
9. The plaintiff desires that tho defendant be eI\loined from dl..n~gi11g or dcstroyiDa
IIf'/ property owned jointly by the parIics or owned solely by the p'lIintiff.
10. The mobile home from which the plaintiff is asking the Court to exclude the
defcndantis owned in the names of the plaintiff and the defcnltant. The land on ~ch the mobile
home is sitting is in the defendant's MIlle only.
11. The defendant mowd into another residence located It 1031 Mayapple Driw,
ShippenRburg, Pennsylvania, on or about April 8, 1998.
12. The plaintiff curtClllly baa no place to stay with her children except the mutUal
home.
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18. Th., plalntiff docla not. know of lIlY penon nol a pllty to tbia action who baa
phyIioal cuatody of the chDd or cIIlms to haw cUltody or viIltation riahta wilh respect to Ih., chlld.
19. Th., balt intmstl md pcm1AiIcmt wd'arc ofth., minor child wlU bel met If custody
it tomponrily granted to Ih., pJaintiif pendlna a hlWiria in Ibis matter for 1'Il1llORS including:
a. Th., plaintiff Is a RIJlOIISibl., pmIIt who can best take care of the
minor child, and Iw provided for the ClIIlOtionaI and physical ncedl of th., child
lince his birth.
b. The defendant Iw shown by his abuse of the pJaintifflhat he is not
an appropriatfI role model for tho minor child.
WHEREFORE, pursuant to Ihe proviaiolll ofthc "Protection from AblllC Act" of October
7, 1976, 23 Pa.C.S. fi 6101 a SQ., II amended, thcI plainli:l'fprayl tbi8 Honorable Court to grant
lbe foUowing relief:
A. Grant a Temporary Order punuant to Ihe "Protection from AbIllC Act:"
I. Ordering the defendant to refrain from abusing Ihe
plaintiff or placing her in fear of abuse.
2. Ordering the dmendant to refrain from haviq any
direct or indirect contact with th., plaintiff including, but not limited
to, telephone and written conununications, except to facilitate .
euatody arrangcmen1S.
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B. SohcduIo a hoarJaa in ICCOrdanco with tho JlI'OVlIlons of tho "Protoollon fi'om
Abuao Ac~ · and, after such hoarina, onler ID order to be in effect for a period of one year:
1. Ordcrina tho defendant to refrain from abllliDg tho
pJaintiff or plWna her in foar of abulle.
2. 0rcIcriIJg tho defendant to rc1hdn from haviu; III)'
diract or indiroct ~ with the plIiatltf inc1udln& but not limited
to, telephone and written commWlicatilllll, oxcept to f.mHuW/
cualocly II1'IIIgCmenIl.
3. Ordcriag tho defendant to refrain from haraaalaa IIId
mlld.,g tho plaintiff and from haruaing tho pl.irtifl's Rlativol and
her minor cblIdrcn.
4. Prohibiting the defendant from cntorJng tho plain/lfP.
plaoo of omploymont.
5. Prohiblling the dcfendarlt from damaging or
dcalmy/ua pI'OJI\n1y jointly owned by tho parties or OMtlld IOloJy by
theplaintUf.
6. Orantlog pouesaion of tho mobilo homo located at
124 GlIbort Road, P.O. Box 38', Shippenaburg, Cumberland
COllllty, PcnnsyMma, to tho plaintiff to tho oxcJualon of tho
defondant, except for the limited JlUI'POIO of lrIDaforrina cuatody of
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tho p..' child. Tbc dofODdaat IhIllI'llllllln in bla vahicIo It all
limos cIurina tho trIInIfer of CIIItOdy.
7. 0rdclriDa tho dafendaDt to stay away ftom 11I'/ other
nsIdenco tho plJlDdff may Cllabllsh, aleapt for the Ilmlmd. purpo8O
nftrwfmilla c\lltOdy of tho partiaa' cblId. Tho dofcndaDt Iball
nmaIn in bla vohIclo at all thnCl cluriDa tho trIIIIfar of ClIIlDdy.
8. 0rdDrina tho defmdaDt to pay 5250.00 to I'C!imbuno
0110 ofLopl SClI'YiOOll, Inc.'s fimdia& 101II'OOII for tho colt ofll,,~
tbla cue.
Tho pJlinrifffUrthar aka dW thla Pcti1ion be mad and sarwd without paymmn offaea and
.. by tho ~ pendiDa a furthor order It tho haaria& aDd that COI1i&od copica o.fthla
Petition md Order be do1ivmcl to tho Mid-CumbetIand VaJJ6y Roaioullllli tho Pennsylvlllia
State Po\lco DapartmaDlI which haw juriacllction to llIIfon:a 1hla Order.
Tho plaintiff JlI'lIYI for .uch othar roHof II may be just and propar.
COUNT U
20. Tho aDap1iona of Count J above IlI'Cl incorporated heroin II if f\dly lOt forth.
21. Tho beat intorclt IIld permanant wa1fara of tho minor cIIiId will be IOMd by .
COIlfinnina C11Itody in tho p1ain1lff II sot fot1h in paragraph 19 of tho potI1ion.
WHEREFORE, punuant to 23 Pa.C.S. 6 5301 m OIl., and other appHeabIo rulosllld law,.
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