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HomeMy WebLinkAbout98-06596 ~ :>-.. ""< ~ ! _\II i~ I I I~ ')..., ~ I i I I I I , .C I ""- (V' j- -- . - .:l ".. c:J ~ \c) " IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA )u' 'I J. (~'l'/)~ Cl.-~..J - I..LI,-. TERRY PEYSER BLYNN No. 98-SU-05355-12 VS IAN JOSEPH BLYNN Protection From Abuse c- iU-'\~ ~:~- , - -:- ;:) i';d~ ';3,' ,'~' . ,~ .... "-) !, :, t' Ii ;-,..) ,;) t~:i .~.~" ,'2 ~ - <l :g~ r: \ ;~~ ',C)-t '.' I U ,', ~., ..., " ' .' ~) York, Pa., Thursday, November 12, 1998 Before the Honorable Gregory M, Snyder, Judge APPEARANCES: \!l co c--, ~ ,- ::> 6'~~ w:: :;: ::. :Jl -0 -u'-...::. ::z: ...,~ c_ ..... c.. ~,. r:-, ANDREW B, BROWN, Esquire For the plaintiff MELISSA PEEL GREEVY, Esquire For the Defendant :- * * * l:r~ Defendant's Name: Ian Joseph Blynn 222 South Front Street Worms 1 eyburg, PA 17043 '. ~'~ '-~ '~I 8 Date of Birth: June 13, 1953 Social Security Number: 164-46-9774 ~. ,J ~ .~1 Names of all Protected Persons, including Plaintiff and Minor Children: Terry Peyser Blynn 1516 Second Avenue York, PA 17403 " I ,:~~ p- ,.,' [.: , :1 C .3 * * * FINAL ORDER OF COURT AND NOW, this 12th day of November, 1998, i ';:'f10 iL~,lrl..~~~': . Ii, !.. ,,; / l ,I: i.'_,). 1 the Court having jurisdiction over ttw parties and the subject matter, it is Ordered as follows: The Plaintiff 0 s request for final protection Order is granted, Ry agreement of the p.:trtics made in open Court and with the consent of the parties and without the Defendant admitting liability, the Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where she may be found, The Defendant is completely evicted and excluded from the residence at 1515 Second Avenue, York, PA 17403 or any other residence where the Plaintiff may live, Exclusive possession of the residence is granted to the Plaintiff, The Defendant shall have no right or privilege to enter or be present on the premises. The Defendant is prohibited from having any contact with the Plaintiff at any location, including but limited to any contact at the Plaintiff's business or place of employment, except as May be provided for in the provisions of this Order dealing with custody. The Defendant shall not contact the Plaintiff by telephone or any other means, including through third persons, except as may be provided for in the provisions of this Order dealing with custody, Custody of the minor children, Alex Blynn, born March 12, 1991; and Rose Blynn, born April ll, 19B1, ,:.;:. ;,:U9 ! :~.\: ~:~ ,:; 2 shall be as follows: Primary physical custody of the two children is awarded to Plaintiff, subject to Defendant's rights of partial physical custody as follows: Currently Rose is in boarding school, so no specific partial rights of physical custody shall be set forth in this Order, Currently Alex lives at the Plaintiff's residence and attends Yeshiva Academy in Harrisburg. The Defendant shall have the right to have Alex in his physical custody every Wednesday evening from the end of Alex's school day to 7:30 p.m. The Defendant shall be responsible for picking Alex up at the end of his Wednesday school day and then returning Alex to Plaintiff's residence at 7:30 p,m. on Wednesday evening, In addition, the Defendant shall have the right of partial custody of Alex every other weekend beginning November 13, 199B, from Friday afternoon at the end of Alex's school day to Monday morning at the beginning of Alex's school day. The Defendant shall pick Alex up from school on Friday and return Alex to school on Monday pursuant to exercising his rights of partial physical custody of Alex every other weekend, The Defendant shall not be under the ~t~ l~ :.>j 91 :;? C! ~J :~ ? 3 t\ I influence of or consume any alcoholic beverages during any of the time that Alex or Rose are in his physical custody. Both Plaintiff and the Defendant shall keep the other apprised of his or her residence, telephone number, and make up of their respective households. The Defendant may have contact with Plaintiff by telephone regarding the health, education, and welfare of the parties' two children and may have such incidental personal contact with Plaintiff as is necessary pursuant to the physical custody arrangement set forth herein, The following additional relief is granted authorized by Section GlOB of the Act: The Defendant shall continue the evaluation he has started with Lawyers Concern for Lawyers regarding drug and alcohol abuse and shall follow through with any counseling that is recommended as a result of that evaluation. In addition, the Defendant shall without any unreasonable delay initiate participation in and complete the anger management program known as Choices administered by Tressler Lutheran in Harrisburg. Finally, the Defendant is currently receiving private psychotherapy from Judith Strickler and .;;j: ,~U~:i -J S: l,-i:;-/;" " 4 shall continue such therapy. The Defendant is directed to pay temporary support for Plaintiff and the parties' two children, Alex and Rose, in the amount of $2,000,00 per month, payable every other Friday, beginning November 26, 199B, with each biweekly payment to be in the amount of $1,000.00. In addition, the Defendant shall take whatever steps are necessary to secure health insurance covering Plaintiff and the parties' two children through his employer as soon as possible, This Order for support shall remain in effect until a final support Order is entered by this Court; however, this Order shall lapse automatically if the Plaintiff does not file a complaint for support with the Court within 15 days of the date of this Order. The amount of this temporary support Order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing, Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. The costs of this action are waived as to the Plaintiff and imposed on the Defendant. The Defendant is directed to contact the " '. i '<I i ,:' ~i i~: ;-;: ~;. '" ',; -' 1,,1,' I,; _.j, 5 ('.....ft.t.., , fil,-t. I 11 ' a r- (l ~", ~ ,. ,.. (.. I ('{f'" ~)' ,'J, I., vl,!1, -w [ f - - ~ - ( ..C> j ~ ~ -. \ . f"" ' ' I w v \,) V' ::> \) f 0,-.0 \ 'W&- ~~..J. ~t- i~ V, ~~ II I' 'I I Ii II Ii !I I , I ,I I N TilE COURT OF COMMON PLEAS OF YORK COUNT'/, TERRY PEYSER DLYNN PENNSYLVANIA -, 'J' I '.'l /} . ,-.-- 11." '/ . ,,)/, LAL-d " ".... No, 98-SU-05355-12 VS IAN JOSEPH BLYNN Protection From Abuse York, Pa., Thursday, November 12, 199B Before the Honorable Gregory M, Snyder, Judge APPEARANCES: ANDREW B, BROWN, Esquire- For the Plaintiff \c ':'.' :} -' .:: MELISSA PEEL GREEVY, Esquire For the Defendant l' " :. * * * '.~ Defendant's Name: ,x. Ian Joseph Blynn 222 South Front Street wormsleyburg, PA 17043 Date of Birth: June 13, 1953 Social Security Number: 164 -46 - 9774 Names of all Protected Persons, including Plaintiff and Minor Children: Terry Peyser Blynn 1516 Second Avenue York, PA 17403 * * * FINAL ORDER OF COURT AND NOW, this 12th day of November, 1998, 1 the Court having jul'indiction over the, parties and the nubjcct matter, it ifJ Ordered afJ (ollows: The Plaintj(f'fJ requcut for final protection Ii Order is granted, By agreement of the parties made in open Court and with the confJent of the parties and without the Defendant admitting liability, the Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where she may be found. The Defendant is completely evicted and excluded from the residence at 1516 Second Avenue, York, PA 17403 or any other residence where the Plaintiff may live. Exclusive possession of the residence is granted to the Plaintiff. The Defendant shall have no right or privilege to enter or be present on the premises, The Defendant is prohibited from having any contact with the Plaintiff at any location, including but limited to any contact at the Plaintiff's business or place of employment, except as may be provided for in the provisions of this Order dealing with custody. The Defendant shall not contact the Plaintiff by telephone or any other means, including through third persons, except as may be provided for in the provisions of this Order dealing with custody. Custody of the minor children, Alex Blynn, born March 12, 1991; and Rose Blynn, born April 11, 1981, 2 11 Ii ,I ii [I II II I' II II shall be dS follows: Pril11Clry phynicCll cllstody of the two children is awarded to Plaintiff, subject to Defendant's rights of partial physical custody as follows: Currently Rose is in boarding school, so no specific partial rights of physical custody shall be set forth in this Order. Currently Alex lives at the Plaintiff's residence and attends Yeshiva Academy in Harrisburg. The Defendant shall have the right to have Alex in his physical custody every Wednesday evening from the end of Alex's school day to 7:30 p.m. The Defendant shall be responsible for picking Alex up at the end of his Wednesday school day and then returning Alex to Plaintiff's residence at 7:30 p.m. on Wednesday evening. In addition, the Defendant shall have the right of partial custody of Alex every other weekend beginning November 13, 199B, from Friday afternoon at the end of Alex's school day to Monday morning at the beginning of Alex's school day, The Defendant shall pick Alex up from school on Friday and return Alex to school on Monday pursuant to exercising his rights of partial physical custody of Alex every other weekend. The Defendant shall not be under the 3 il I, I :i p II I I I! I shall continue such therapy. The Defendant is directed to pay temporary support for Plaintiff and the parties' two children, Alex and Rose, in the amount of $2,000.00 per month, payable every other Friday, beginning November 26, 199B, with each biweekly payment to be in the amount of $1,000.00, ," In addition, the Defendant shall take whatever steps are necessary to secure health insurance coveIing Plaintiff and the p~rties' two children through his employer as soon as possible, This Order for support shall remain in effect until a final support Order is entered by this Court; however, this Order shall lapse automatically if the ~ Plaintiff does not file a complaint for support with the Court within 15 days of the date of this Order, The amount j , of this temporary support Order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party, I I' fir,,; 'I, ~' /,;.. ':1 f" ",-:. .".:' --~ Ii iI '/, I' , , I r:~ I:';,; l The costs of this action are waived as to the Plaintiff and imposed on the Defendant. The Defendant is directed to contact the 5 1/ II I! I STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER TilE VIOLENCE AGAINST WOMEN ACT, lB U,S,C. 2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT, 1B U,S.C. 2261-2262, IF THE "BRADY" PARAGRAPH IS INCLUDED IN THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 1B U.S,C. 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the Plaintiff's residence OR any location where a violation of this Order occurs OR where the Defendant may be located, shall enforce this Order. An arrest for violation of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police, 23 Pa.C.S, 6113. Subsequent to an arrest, the police officer J shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse, The law enforcement agency shall maintain possession of the weapons until further Order of 7 II I: I' I! I [I ! this Court. When the Defendant is placed under arrest for violation of the Order, tho Defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer or the Plaintiff, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing, Also note for the record both the Plaintiff and the Defendant while present here in Court today have each been given written copies of these two notices. We direct that copies of this Order be sent to the Plaintiff at her address noted above, to the Defendant at his address noted above, to Attorney Greevy at 214 Senate Avenue, suit 602, Camp Hill, PA 17011; Attorney Andrew Brown at his address, York County Control, Dauphin County Control, York County's Sheriff's Department, Dauphin County Sheriff's Department, Cumberland County Control, Cumberland County Sheriff's Department, Spring Garden Township Police Department, West Shore Regional Police Department, York County Treasurer, B Also, a copy to Yeshiva Academy, care of the Jewish Community Center, Front and Vaughn Streets, Harrisburg, PA 17110, BY THE COURT: , .:-'-1-'--> '7--. < - -"" ~~- .--" .' --.::: I -..--;<' '~"!'~/7ri1" }. .--'t1-1 ~/}.,,~ _"'.< ...." '.," ,'/, , .' r,' Gregory M. Snyder, Judge cmm 11-12-98 Terry Peyser Blynn v, Ian Joseph Blynn, No, 9B-SU-05355-12 9 S'f~. S!II (~M.C'L\c..'- ,jt.......-.. ," r,' , (' '. _., 't',.... .f. ,'f. I "I '." 1 ... ~ ." . """ .t.... 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