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Home My WebLink About99-02405 ~ .~ - ...... "c ,"'\ ,~~ ,,- ~"~- '., . , ). i.~ '/- .<< ..... :) j;",~ :,~,,-:-:::: > ") -;.,."..... .. ~. \ .' 'C") ~ ~ .. .~ <)- Tammy S, Walker, Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 99-2405 CIVIL TERM David W, Walker, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this ~ day of April, 1999, upon consideration of the attached Motion for Continuance, the matter schedulcd for hearing on April 28. 1999 by this Court's Order of April 22, 1999. is hereby rescheduled for hearing on May 13, 1999, at 9:00 a.m. in Courtroom No.4. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriffs Department shall attempt to make service at the plaintiffs request and without pre-payment of fees, but serviee may be accomplished under any applicable rule of Civil Procedure, This Order shall be docketed in the office oflhe Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. A certified copy of this Order for Continuance shall be provided to the North Middleton Police and the Mechanicsburg Police Departments by the plaintifrs attorney. Joan Carey Attorney for PIainti ff David W. Walker Pro Se Defendant CV-~.;U ,rtNvJ",L Tammy S, Walkcr Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 99- 2405 CIVIL TERM David W. Walker, Dcfcndant : PROTECTION FROM ABUSE : AND CUSTODY MOTION FOR CONTINUANCE Thc plaintitT; by the through her attomey, Joan Carey of Legal Services, Inc., moves thc Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection Order was issued by this Court on April 22, 1999, schcduling a hearing for April 28, 1999, at 1 :30 p.m. 2, PIaintitT served the defendant with a certificd copy of the Temporary Protection Ordcr and Petition for Protection Order on April 24, 1999, at approximatcly 11: 20 a.m. at 133 Tower Circle, Carlisle, Pennsylvania 17013. 3, The parties agree that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4, The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 5. Certified copies of the Order for Continuance will be delivered to the North Middleton Police and Mechanicsburg Police Departments by the attorney for the plaintiff. ..i WHEREFORE, the plaintiff requests thotthe Court grant this Motion and reschedule this , I f I , matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, v' J an Carey, Attorney fo aintiff EGAL SERVICES. INC. 8 Irvine Row Carlisle. PA 17013 , t_ "j ~ <=> f:'- ;:.:; z. .. -, - ~Jq r. ;.:,:,::, ~0 ~ ' .J ~.~ " 1.I_r= . ~::! ~C 0 ','1:, IL M 'J"" ~" ~rz .. II' e:: :"l1tij a: '. 0... f()C- F= ...; .~ H. '" ::5 0 '" (J any other r..idenc. wh.re Plaintiff may live, Exclu.ive po.....ion of the re.idenc. i. grant.d to Plaintiff. Defendant .hall have no right or privilege to .nter or be pre.ent on the premi..., o On [Insert date and timeJ, 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. Bxcept a. provided in Paragraph 5, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment located at Greenwalt and Co., 400 West Main Street, Mechanicsburg, Pennsylvania, 17055. Defendant is specifically ordered to stay away from the following locations for the duration of this Order I Plaintiff's residence located at 133 Tower Circle, Carlisle, Pennsylvania, 17013, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. ~ 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. ~ 5. Custody of the minor child, Megan Renee Walker, shall be as follows I 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 weapons 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. :OF CUMBERLAND COUNTY, PENNSYLVANIA vs, :NO. 99 - 2405 CIVIL TERM David W, Walker, Defendant :PROTECTION FROM ABUSE :AND CUSTODY FINAL ORDER OF COURT Defendant's Name: David w. Walker Defendant's Date of Birth: 11/18/68 Defendant's Social Security Number: 173-56-0941 Names of Protected Person: Tammy S. Walker AND NOW, this :30 ~ day of /-7",...'1 , 1999, the court having jurisdiction over the parties and the subject- matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegation made in the Petition. o Plaintiff's request for a Final Protection Order is denied OR ~ Plaintiff's request for a Final Protection Order is granted. ~ 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. ~2, Defendant is completely evicted and excluded from the residence at 133 Tower Circle, Carlisle, Pennsylvania, 17013 or ~8. The tollowing additional reliet i. granted a. authorized by S6l08 ot this Act: .. Thi. Order .hall remain in ettect until modified or te~inated by the Court and can be extended beyond it. original expiration dete if the Court tind. that Detendant ha. committed another act of abu.e or haa engaged in a pattern or practice that indicate. continued risk ot harm to Plaintitf. b. Defendant is enjoined from damaging or de.troying any property owned jointly by the partie. or owned solely by Plaintiff, c. Defendant i. to refrain from hara..ing Plaintift'. relatives or the minor child, d. The court costs and fees are waived. ~ 9. Defendant is directed to pay temporary support for Megan Renee Walker as follows. $292.16 per month beginning May 7,1999. 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 FINK OF UP TO $1,000 AND/OR A JAIL SENTENCB OF UP TO SIX MONTHS. 23 PA.C.S. 1611.. VIOLATION KAY ALSO SUBJECT YOU TO PROSBCUTION AND CRIMINAL PENALTIBS UNDBR THB PBNNSYLVANIA CRIMBS CODB. THIS ORDBR IS BNFORCEABLB IN ALL lIFTY (50) STATBS, THB DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TBRRITORIBS, AND THB COMMONWEALTH OF PUERTO RICO UNDBR THB VIOLENCB AGAINST WOKlN ACTION, 18 U.S.C. 12265. Ir YOU TRAVEL OUTSIDB OF THB STATB AND INTBNTIONALLY VIOLATB THIS ORDBR, YOU KAY BB SUBJECT TO FBDBRAL CRIMINAL PROCBEDINGS UNDBR THAT ACT. 18 U.S.C. II 2261-2262. IF PARAGRAPH 12 OF THIS ORDBR HAS BBBN CHBCKBD, YOU KAY BE SUBJBCT TO FEDBRAL PROSBCUTION AND PENALTIES UNDER THB "BRADY" PROVISIONS OF THB GUN CONTROL ACTION, 18 U.S.C. 1922(G), FOR POSSBSSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICB TO LAW BNFORCEMBNT 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. 16113. 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's presence and signature are not required to file the complaint. 6, The father shall have the right to see the child on her birthday, or the weekend ~fter the birthday if the child's birthday falls on a weekday, at a time to be agreed upon by the mother and father. 7, The father shall have the right to partial custody of the child for two weeks (which need not be consecutive) of each summer, The father will give the mother two weeks notice as to when his period of suamer custody will take place. The mother will have the right to have the child on weekends during that time unless the father takes the child on a vacation trip including weekends, The mother also has the right to take the child on a summer vacation including a maximum of 2 weekends, 8, Each parent shall be given reasonable phone contact with the child while the child is in the other parent's care, Each parent shall supply a current address and phone number for the other, 9. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court, 10, There shall be reasonable notice given to the other party if a scheduled period of partial custody needs to be canceled or modified and a make-up period shall be offered within a reasonable time frame, 11, The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parent's care, 12, Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child love or respect for the other parent. 9, Plaintiff and Defendant are the parents of the following minor child: . ~ Megan Renee Walker Address 133 Tower Circle Carlisle, PA ~ B years old The following information is provided in support of Plaintiff's request for an Order of child custody: (a) The child was not born out of wedlock. (b) The child is presently in the custody of Plaintiff, Tammy S. Walker, who resides at 133 Tower Circle, Carlisle, Cumberland County, Pennsylvania, (c) During the past five years the child has resided with the following persons and at the following addresses: Child's name Megan Renee Walker Person(s) child lived with Plaintiff and Defendant When 1992- Present Address, unless confidential 133 Tower Circle Carlisle, PA (d) Plaintiff, the mother of the child, is currently residing at 133 Tower Circle, Carlisle, Cumberland County, Pennsylvania. (e) She is married, (f) Plaintiff currently resides with the following person: Name Megan Renee Walker Relationship Daughter (g) Defendant, the father of the child, is currently residing at 420 Rumbaugh Road, Apollo, Pennsylvania, 15613. (h) He is married, (i) Defendant currently resides with the following person: ~ patricia Walker Relation.hiD Mother (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) child will be pending The best interests and permanent welfare of the minor met if custody is temporarily granted to Plaintiff 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 in the future, (2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor child, (3) Defendant's abusive behavior toward the child and her mother has adversely affected the child. 10, The facts of the most recent incident of abuse are as follows: On or about April 11, 1999, Defendant threatened the Plaintiff saying he would use the loaded gun he had in his car causing her to fear for her life and that of her child, That same day, Defendant became enraged, ripped the vacuum cleaner cord from the wall, approached Plaintiff from the front, grabbed both of her arms, and forcefully slammed Plaintiff against the refrigerator causing her to hit her head resulting in swelling and a bruise. Defendant held onto Plaintiff, forced her into the bedroom, pushed her onto the bed, grabbed her by the throat, and attempted to strangle her, Defendant threatened that if Plaintiff called the police, she would be dead before they got there causing her to fear for her life, When Defendant left the residence, Plaintiff called the police who charged him with assault, terroristic threats and harassment, 11, Defendant has committed the following prior acts of abuse against Plaintiff: a, In or about the middle of January 1999, Defendant hit the minor child with a wooden spoon causing bruises on her legs and buttocks having an adverse affect on her. b. In or about April 1998, after Defendant had moved from the residence for a short time, he continually stalked and harassed Plaintiff, On one occasion, Defendant returned to the residence, grabbed Plaintiff, and forcefully slammed her into the kitchen counter, Defendant became enraged and choked the Plaintiff causing red marks on her neck, c. In or about March of 1993, Defendant became angry and punched Plaintiff on her chest causing a bruise above and between her breasts. d, Since approximately 1990, there has been a pattern of abuse by Defendant including punching Plaintiff on her jaw and chest, choking her, slamming her into things, pulling her hair and threatening to kill her causing her to fear for her life. Defendant has ripped the phone from the wall and punched holes in the walls and door, 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: North Middleton Police Department and the Mechanicsburg Police Department. 13. There is an immediate and present danger of further abuse from the Defendant, 14. plaintiff is asking the Court to evict and exclude Defendant from the residence at 133 Tower Circle, Carlisle, pennsylvania, which is owned Plaintiff and Defendant, 15. Defendant owes a duty of support to Plaintiff and minor child, , WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: f r I L I ( A, Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and minor child in any place where Plaintiff may be found, B. Evict and exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C, Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child: Defendant shall have visitation with the child every other Saturday beginning Saturday April 24,1999, at times agreed upon by the parties and with an agreed upon third party present. Defendant shall not remove the child from Cumberland County. Defendant shall arrange transportation for his periOdS of visitation. D. Prohibit Defendant from having any contact with Plaintiff and minor child, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's place of employment, except as the Court may find necessary with respect to partial custody or visitation with the minor child. E. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition, except as the court may find necessary with respect to partial custody or visitation with the minor child. 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, Tammy S. Walker, Plaintiff ,IN TilE COUR'r OP COMMON PLEAS vs. ,OP CUMBBRLAND COUNTY, PBNNSYLVANIA :NO, 99 .,) ~Oj~ CIVIL TBRM David W, Walker, Defendant ,PROTBCTION PROM ABUSB AND ,CUSTODY NOTICE OF HBARING AND ORDBR YOU HAVB BEEN SUED IN COURT, It you wi.b to defend againat tbe claim. .et fortb in tbe fOllowing peper., you mu.t eppear at tbe bearing .cbeduled berein. If you tail to do so, tbe ca.e may procesd againat you and e FINAL Order may be entered against you granting tbe reliet reque.ted in tbe Petition. In particular, you may be evioted from your re.idence and lo.e otber important rights. A hearing on this matter is sCbedul1-tor J' "0 L 1999, at ,., ,.., .m., in Courtroom No. of Courthouse, Carli~le, Pennsylvania. the the :') .J;; , " ~.." day of {LNh.{,.L.. , Cumberland County You MUST Obey the Order tbat is attached until it is modified or terminated by the court after notice and hearing. It you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt whicb ie punishable by a fine ot up to $1,000.00 end/or up to six months in jail under 23 Pa.C.S. 16114. Violation may also subject you to prosecution and criminal penaltiee under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 12265, 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 tederal criminal proceedings under the Violence Against Women Act, 18 U_S,C, 12261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, TO HAVE A LAWYER REPRESENT YOU AT THE HI!ARING, 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 PIND OUT LEGAL HELD. IF YOU CANNOT FIND A LAWYBR, YOU MAY HAVE TO YOU HAVE THE RIGHT WILL NOT, HOWEVER, CANNOT APFORD ONE, WERE YOU CAN GET PROCEED WITHOUT ONE. C1lMIlERLAND 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, prohibited from having ANY CONTACT with Plsintiff at any location, including, but not limited to any contact at Plaintiff'S place of employment. Defendant is spacifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 133 Tower Circle, Carlisle, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties, and any other residence Plaintiff may establish, except for the limited purpose of transferring custody of the parties' child. Defp.ndant shall remain in his vehicle at all times during the transfer of custody. ~ 4. Except 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. ~ 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: Megan Renee Walker (DOB 10/23/90) . Until the final hearing, all contact between Defendant and the child shall be limited to the following: Defendant shall have visitation with the child every other Saturday beginning Saturday April 24,1999, at times agreed upon by the parties and with an agreed upon third party present. Defendant shall not remove the child from Cumberland County. Defendant shall arrange transportation for his periods of visitation. 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. o 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: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order, ~ 7. The tollowing additional raliat i. granted. Th. Cumberland County Sheritt'. Department .hall attempt to make ..rvice at Plaintitt.. r.que.t and without pre-payment ot t.... but ..rvice may be accompli.hed under any applicabla Rule ot Civil Procedure. Thi. Order .hall ba dockated in the ottice ot the Prothonotary and torwarded to the Sheritt tor service. The Prothonotary .hall not send a copy ot this Order to Defendant by mail. Thi. Order shall remain in ettect 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 ot abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. 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 or the minor child. ~ 8. A certified copy of this Order shall be provided to the ~olice department where Plaintiff resides and any other agency specified hereafter. North Middleton Police Department and Mechanicsburg Police Department. o 9, THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY ~10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN 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. 16114. Con.ent of Plaintiff to Defendant'. return to the re.idence .hall not invalidate thia Order, which can only be changed or modified through the filing of appropriate court paper. for that purpo... 23 Pa.C.S. 16113. Defendant i. further notified that violation of thi. Order may aubject him/her to .tate charge. and penal tie. under the Penn.ylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. II 2261-2262. Any protection order granted by a court may be considered in any .ubsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania 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 enforcemen t . 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 possession of the weapons until further Order of this Court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT. -;tV--' /::1 ~ ,Judge Joan Carey / Attorney for Plaintiff