Loading...
HomeMy WebLinkAbout99-01894 Amenda L. Redding, Plaintiff : IN TilE COURT OF COMMON PLf:AB VR. : OF CUMIlF.RLAND COUNTY, PENNSYLVANIA Harvey !L Wanner, Jl"., Defendant :NO. 99 - / 6"r 'I CIVIL TERM :PROTECTION FROM ADUSE AND CUSTODY NOTICE OF IIEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against YOll and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for the April, 1999, at II. :'0 CA .m., in Courtroom No. Cumberland County Courthouse, Carlisle, Pennsylvania. 71:::A ;;). day of of the You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject YOll to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 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 before 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. YOU HAVE THE RIGHT WILL NOT, HOWEVER, CANNOT AFFORD ONE, WHERE YOU CAN GET PROCEED WITHOUT ONE. . <l;, { -..Y '\ ..,;: . I 'j J - '\ .. ~, ........ .,.:1 -~ ~ )i\ ; i ~I ~ \ . permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's places of employment, except for the limited pUrpose of facilitating custody. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's undisclosed current residence, a residence to which Plaintiff moved to avoid abuse, which is not owned or leased by Defendant, and any other residence Plaintiff may establish. ~ 4. Bxcept for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons, except for the limited purpose of facilitating custody. ~ 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child. Kya P. Wanner Until the final hearing, all contact between Defendant and the child shall be limited to the following: at times and places mutually agreed upon by the parties. The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child is placed in the care and control of Plaintiff in accordance with the terms of this Order. ~ 6. Defendant shall immediately relinquiSh the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: any and all guns Defendant may possess. Defendant is prOhibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at plaintiff'S request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of plaintiff and/or the child in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about plaintiff and/or child except by further Order of Court. 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 Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to plaintiff. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the sheriff of Dauphin County. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by plaintiff. Defendant is to refrain from harassing plaintiff'S relatives. ~ 8. A certified copy of this Order shall be provided to the police department where plaintiff resides and any other agency specified hereafter: any appropriate police departments o 9. THIS ORDER SUPERSEOES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL RBHAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is puniShable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 56114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 56113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. SS 2261-2262. Anv ~rotection order qranted by a court may be considered in any subseauent ~roceedinqs. inc1udinq child custodv ~roceedinqs. under title 23 (Domestic Relationsl of the Pennsv1vania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain pos....ion of the weapons until further Order of this Court, unle.. the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arre.t. BY THE COURT /~/ Joan carey Attorney for plaintiff Judge Amanda L. Redding, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY,PENNSYLVANIA vs. :NO. 99 - If'?'! CIVIL TERM Harvey s. Wanner, Jr., Defendant :PROTECTION FROM ABUSE :AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. plaintiff is Amanda L. Redding. 2. The name of the person who seeks protection from abuse is Amanda L. Redding. 3. plaintiff's address is undisclosed for her own protection but will be furnished to the court upon request. 4. Defendant is believed to live at his mother's residence located at 150 Watson Street, Steelton, pennsylvania 17113. Defendant's Social Security Number is 186-54-2064. Defendant's date of birth is 7/26/68. Defendant's place of employment is is Avis-Rent-A-Car, Middletown, pennsylvania. I 1 I ! , , 5. Defendant is the father of Plaintiff's child. 6. Defendant has been involved in the following criminal court action: resisting arrest, disorderly conduct, criminal mischievous, and failure to pay child support. 7. Plaintiff seeks temporary custody of the following child: Name Address Birthdates Kya P. Wanner undisclosed location 3/2/98 (g) Defendant, the father of the child, is, currently residing at 150 Watson Street, Steelton, Dauphin County, pennsylvania. (h) He is divorced. (i) Defendant currently resides with the following persons. ~ Re1ationllhiJ) Donna Wanner Johnnie (last name unknown) Harry Wanner mother brother brother (j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. (k) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. (1) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. (m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: (1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since her birth, and who can best take care of the minor child. (2) that he child. Defendant has shown by his abuse of Plaintiff is not an appropriate role model for the minor 10. The facts of the most recent incident of abuse are as follows: On or about March 21, 1999, Defendant got close to Plaintiff's face and threatened her saying, "Have I ever used you as a punching bag?" Defendant then grabbed Plaintiff's neck, and shoved her up against a door. As Defendant continued to hold Plaintiff by the neck, Oefendant's thirteen year old son came into the room and told Defendant to let go of Plaintiff or he would call the police. Defendant then threatened his son and the child left the room. When Plaintiff struggled free, Defendant grabbed her hands and held them above her head. When Plaintiff curled up in a ball in an attempt to shield herself from further abuse, Defendant forcefully pushed down on the back of Plaintiff's neck causing her to have difficulty breathing. When Defendant let go and Plaintiff stood up, he got close to her face again, screamed at her, pointed his finger in her face, and told her that he lifts weights so that it's not hard to break her neck. Plaintiff again struggled to get away from him, but he continued to harass her in ways including threatening that there was a gun out in the car waiting for her and that if he found her with anyone else, he would put a silver bullet in both ~f them. Defendant told Plaintiff to call her parents threatening that they could all have a family funeral. Plaintiff left the and is no longer living at their mutual residence. Plaintiff had injuries including a broken blood vessel in her eye and a bruise on her neck from this incident. 11. Defendant has committed the following prior acts of abuse against Plaintiff: a. In or about February 1999, Defendant sexually abused Plaintiff. As Plaintiff ran down a hall away from Defendant, he repeatedly punched her in the head causing her to have a black eye, a bruise on her temple, and a bloody nose. b. In or about January 199B, when Plaintiff was pregnant, Defendant backed Plaintiff against a wall and turned on a gas burner on the stove causing Plaintiff to fear for her safety. As she tried to go toward a back door, Defendant grabbed her, and put her up against a wall by the stove. Defendant then got knives out of a drawer, put them on the stove. and one at a time picked them up, and held them by Plaintiff's throat demanding that she tell him who she was sleeping with. Defendant finally stopped when Plaintiff cried and told Defendant that there wasn/t anyone else. Defendant continued to scream at Plaintiff and call her vile names. Defendant followed Plaintiff into a bedroom and sexually assaulted her. c. On several different occasions since 1996, Defendant has choked Plaintiff, punched her, grabbed her arms to restrain her, and threatened her. On one occasion, Defendant forcefully shoved Plaintiff up against a door, held a knife in a threatening manner. While Plaintiff was talking on a phone, Defendant cut the phone cord with the knife causing her to fear for her safety. On another occasion, Defendant took an air conditioner out of a window and threatened to throw it through the back window of her car, tried to rip her car speakers out, and ripped a stereo out of her car. 12. The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: appropriate police departments. 13. There is an immediate and present danger of further abuse from Defendant. 14. Plaintiff is asking the Court to order Defendant to stay away from Plaintiff current and future residence which is not owned or rented by Defendant. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Order Oefendant to stay away from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Pl&intiff. C. Award Plaintiff temporary cUBtody of the minor child and place the following restrictions or contact between Defendant and child: at times and placeR mutually agreed upon by the parties. D. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's places of employment, except as the Court may find necessary with respect to partial custody and/or visitation with the minor child. E. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. H. Order the following additional relief, not listed above: a. Defendant is required to relinquish to the sheriff any firearm license the defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's I. Grant such other relief as the court deems appropriate. c f.: L y. r: i relatives. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. I COUNT II CUSTODY ONDER PENNSYLVANIA CUSTODY LAW 15. The allegations of Count I above are incorporated herein as if fully set forth. 16. The best interest and permanent welfare of the minor child will be served by confirming custody in Plaintiff as set forth in paragraph 9 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.~ 5301 et. Sea., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor child to her. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~e~~1 Dated: ,--y~ / / 711 Attorney for Plaintiff LEGAL SERVICES, INC. 6 Irvine Row Carlisle, PA 17013 (717) 243-9400 ;) ') '(I ..., .. -::J J >- c:, ~- :r; u; '- ., . ~ ... , "': L,.,Q , I ~..n.') ...~ , . .' ~~. ~j ': L:: ,', -:j c""j . 1 , ., C~C:. , , .~ lu'_ "', r =':~ 1I1 {'to:' "'tJ Li...,' .. ~. ~1.. t=::: , ' ""- W_ ,,~ ':3 c U'l U I f. , I I I b i r o 2. Defendant is completely evicted and excluded from the residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS EXCLUDED] or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. L , r ! I , , I I I o On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ~ 3. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 439 Woodcrest Drive, Mechanicsburg, Cumberland County, pennsylvania, and any other residence Plaintiff may establish. o 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. ~ s. Custody of the minor child, Kya P. Wanner, shall be as follows: see attached Custody Order. o 6. Defendant shall immediately turn over to the Sheriff'S Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following ~leapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ~8. The following additional relief is granted as authorized by 16108 of this Act. 1 I ! i . I I I ! a. 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 Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing plaintiff's relatives. d. The court costs and fees are waived. o 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] 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 plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary 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. o 10. The costs of this action are waived as to plaintiff and imposed on Defendant. o 11. Defendant shall pay $* to plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: ./ OR o plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR 1.0 plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.0 This Order is being entered after a hearing of which Oefendant received actual notice and had an opportunity to be heard. 3.0 paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s) . 4.0 Defendant represents a credible threat to the physical safety of plaintiff or other protected person(s) OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or prote~ted person that would reasonably be expected to cause bodily injury. r8I 13. THIS ORDER SUPERCEDES r8I ANY PRIOR PFA ORDER AND 181 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in one year. NOTICE TO DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT walCH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 56114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDBR THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 52265. IF YOU TRAVEL OUTSIDE OF THE STATB AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BB SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDBR THAT ACT. 18 U.S.C. 55 2261-2262. IF PARAGRAPH 12 OF THIS ORDBR HAS BEBN CHBCKBD, YOU MAY BE SUBJECT TO FBDERAL PROSBCUTION AND PBNALTIES UNDBR THB "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(G) , FOR POSSBSSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over plaintiff'S residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of paragraphs 1 through 7 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. 56113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, 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 Plaintiff. Plaintiff'. presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged. Defendant shall be arraigned. bond set and both parties given notice of the date of the hearing. BY THE COUR . Judge I "--< ~n Y\do d '-!Yd('~' Amanda L. Redding Pilaintiff /. &~~,~. Joan Carey {J Attorney for Plaintiff ~ If entered pursuant to the consent of and Defendant: ~7~ Harve Wanner, Jr. Pro Be Defendant r,:~ f:.r {>I:,~:: (\~ ~:' .. ,r, ':',"!':)T/',1Y Qt> 'r>',.,/ ('I.' 3:?' -'J,.. . .1. '.. CU". I " r\ \""'T\I "':;1 t:'_'H_' ......V~J.11 r j.'EN~\SYl\~;\.'~,^ natural development of the child's love or respect for the other parent. I 1'- f' .:'; .',' -':':~ [' : .:.,: ~ .' l, f;-~" ."" By the Court, / I ,. ,I ~~ Edgar B. B udge If entered pursuant to the consent of Plaintif and Defendant: a~: ;\;;;1 f;.. ,~~~ '.Vi ?f; !,;' "", f ~\')\()rV'lo. ,,..,y,Ll3rC1d I~ Amanda L. Redding / 6 Plaintiff . fJ ~ 'jF .~ :f' s. Wanner, Jr. Defendant Joan Carey Attorney for Plaintiff