HomeMy WebLinkAbout98-06596
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IN THE COURT OF COMMON PLEAS OF YORK COUNTY,
PENNSYLVANIA
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TERRY PEYSER BLYNN
No. 98-SU-05355-12
VS
IAN JOSEPH BLYNN
Protection From Abuse
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York, Pa., Thursday, November 12, 1998
Before the Honorable Gregory M, Snyder, Judge
APPEARANCES:
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ANDREW B, BROWN, Esquire
For the plaintiff
MELISSA PEEL GREEVY, Esquire
For the Defendant
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Defendant's Name:
Ian Joseph Blynn
222 South Front Street
Worms 1 eyburg, PA 17043
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Date of Birth:
June 13, 1953
Social Security Number:
164-46-9774
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Names of all Protected
Persons, including
Plaintiff and Minor
Children:
Terry Peyser Blynn
1516 Second Avenue
York, PA 17403
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FINAL ORDER OF COURT
AND NOW, this 12th day of November, 1998,
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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,
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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
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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
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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
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I N TilE COURT OF COMMON PLEAS OF YORK COUNT'/,
TERRY PEYSER DLYNN
PENNSYLVANIA
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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
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MELISSA PEEL GREEVY, Esquire
For the Defendant
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Defendant's Name:
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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,
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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
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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,
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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
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Plaintiff does not file a complaint for support with the
Court within 15 days of the date of this Order, The amount
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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,
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The costs of this action are waived as to
the Plaintiff and imposed on the Defendant.
The Defendant is directed to contact the
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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
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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
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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,
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Also, a copy to Yeshiva Academy, care of the
Jewish Community Center, Front and Vaughn Streets,
Harrisburg, PA 17110,
BY THE COURT:
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Gregory M. Snyder,
Judge
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11-12-98
Terry Peyser Blynn v, Ian Joseph Blynn, No, 9B-SU-05355-12
9
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