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HomeMy WebLinkAbout99-03244Ls 1' C? K e O..' Q`I YVONNEMARIE STAUNCH-TWIGG, Plaintiff for herself and on behalf of her minor child, MATTHEW BRANDON TWIGG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99-3244 CIVIL TERM BRADLEY GORDON TWIGG, Defendant : PROTECTION FROM ABUSE AND CUSTODY FINAL PROTECTION ORDER Defendant's Name: BRADLEY GORDON TWIGG Defendant's Date of Birth: 11/25/54 Defendant's Social Security Number: 186-46-0288 Names of Protected Persons: YVONNEMARIE STAUNCH-TWIGG, Plaintiff, and her minor child, MATTHEW BL DON TWIGG. AND NOW, this day of June, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: The Plaintiff , YvonneMarie Staunch-Twigg, is represented by Joan Carey of Legal Services, Inc.; the Defendant, Bradley Gordon Tvrigg, is represented by Keith B. DeArmond, Attorney at Law of DeArmond & DeArmond. The Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. Plaintiff's request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied 1. Defendant shall not abuse, stalk, harass, threaten the 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 Kingsbury Mobile Home Park, 5169 Trindle Road, Lot 41, Mechanicsburg, Cumberland County, Pennsylvania, 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. Q On Monday, June 14,1999, at 5:00 p.m., Defendant may enter the residence to retrieve his clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. 3. Except for the limited purpose of communicating custody arrangements as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiffs place of employment, the school of the minor child, except for the child's school-related activities, and the day care facility of the minor child. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment: Commonwealth Data Service, 4902 Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. Minor child's school: Sporting Hill Elementary School, Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania (except for the child's school-related activities). Minor child's day care facility: Residence of Betty Pugh, Kingsbury Mobile Home Park, 5169 Trindle Road, Lot 30, Mechanicsburg, Cumberland County, Pennsylvania. E> 4. Except for the limited purpose of communicating custody arrangements as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. ID 5. Custody of the minor child, Matthew Brandon Twigg, shall be as follows: see attached Custody Order. ® 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child: all firearms, includine, but not limited to, shotguns, rifles and handguns 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 §6108 of this Act: 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 an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor child. 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 chief or head of the police department of (where Defendant resides) and the sheriff of Cumberland 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 Plaintiffs relatives or the minor child. During transfer of custody, Defendant shall park his vehicle in front of Plaintiff's residence, and shall not exit his vehicle during transfer of the child. ? 9. Defendant is directed to pay temporary support for _ as follows: - 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 (15) 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. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay $_to Plaintiffas compensation for Plaintiffs out-of-pocket losses, which are as follows: OR ? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to ____ requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, topics 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. ? 12. BRADY INDICATOR ? 1. The Plaintiff or protected persons 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. This Order is being entered after a hearing ofwhich Defendant received actual notice and had an opportunity to be heard. ? 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/s. ? 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR ? The terns of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER and ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire one year from the date this Order is entered. VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT W HICH 1S PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. 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 UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 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. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 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 Plaintiffs 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. §6113. 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 Cumberland County Sheriffs Department 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, Plaintiffs 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. This Order is entered pursuant to the consent of Plaintiff and Defendant: J? YvonneMarie Staunch-Twigg, Plaintiff 1 Joan Carey, Aitorncy for aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 7 ' Bradley rdon Twigg, Defendant Keith B. DeArMond, Atto y for Defcndant DeARMOND & DeARMOND 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 ,. (]?( 1 ? J' ? .. (?JU?• YVONNEMARIE STAUNCH-TWIGG, Plaintiff for herself and on behalf of her minor child, MATTHEW BRANDON TWIGG, vs. BRADLEY GORDON TWIGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3244 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY ' nC STODY ORDER AND NOW, this da of June, 1999, the following Order is entered by consent of the parties with regard to custody of the parties' child, Matthew Brandon Twigg. 1. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to as the father, shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall have partial custody of the child on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., and at other times mutually agreed upon by the parties. The holiday schedule shall supercede the regular schedule. 4. The parties shall alternate the following holidays from 10:00 a.m. until 8:00 p.m.: July 4th, Labor Day, and Memorial Day. The father shall commence the schedule having the child on July 4th in 1999. 5. The parties shall share the Thanksgiving Day holiday with the mother having the child until 1:00 p.m. and the father having the child from 1:00 p.m. until 8:00 p.m. 6. The father and mother shall share the Christmas holiday each year with the father having the child on Christmas Eve from noon until 8:00 p.m. and on Christmas Day from noon until 8:00 p.m. The mother shall have the child on Christmas Eve from 8:00 p.m. until Christmas Day at noon. 7. The mother shall have the child on Mother's Day from 10:00 a.m. and keep him for the remainder of the day. The father shall have the child on Father's day from 10:00 a.m. until 8:00 p.m. 8. The father shall have the right to one week of vacation with the child each summer. The father shall give the mother 30 days notice as to when his period of summer custody will take place. The mother shall have the right to take the child on a summer vacation for one week during the summer. In the event the parties spend their vacation time with the child away from their respective residences, each shall provide the other with the complete address and telephone number where the child can be reached. In addition, the child, who has a close relationship with his maternal grandfather, August A. Staunch, II, shall continue to spend one week each summer with his grandfather at his home in Hermitage, Pennsylvania, which he has done since his birth. 9. The father shall be responsible for transportation of the child, and shall ensure that the child is properly restrained in a seat belt while being transported. 10. During transfer of custody, the father shall park his vehicle in front of the mother's residence, and shall not exit his vehicle during transfer of the child. 11. The father shall not use alcohol immediately prior to or during his periods of custody with the child. 12. The father shall not remove the child from this Court's jurisdiction without the consent of the mother. 13. 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. 14. 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. 15. 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. 16. 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's love or respect for the other parent. This Order is entered pursuant to the consent of Plaintiff and Defendant: P 1 vonneMarAStaunch-Twigg,,Plaintiff Bradley Go on T, Carey, AttorneAr Plaintiff DeArmond, Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 DeARMOND & DeARMOND 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 Rv the Court '11 1'JI ?. ?.? ??? ,IJ ?, p 11. ruti,.?l _. r.. ? 1 ,? C'1 ', ? 1., 19 ~ I` _? ? f ? f, , SHERIFF'S RETURN - REGULAR CASE NO: 1999-03244 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TWIGG YVONNEMARIE STAUNCH ET VS. TIWGG BRADLEY GORDON RICHARD SMITH Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon TWIGG BRADLEY GORDON the defendant, at _ 17:00 HOURS, on the 28th day of May 1999 at SISTERS RES: BARBARA SNYDER 426 BROOK CIRCLE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to BRADLEY G. TWIGG a true and attested copy of the PROTECTION FROM ABUSE together with AND CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. * Weapons Confiscated* Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit Surcharge 8.00 $32.2U- 06/01/1 b Sworn and subscribed to before me this day of _ 1 3.9 99 A.D. T!- So answers: t. YVONNEMARIE STAUNCH-TWIGG, Plaintiff for herself and on behalf of her minor child MATTHEW BRANDON TWIGG, vs. BRADLEY GORDON TWIGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 99-V44 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY 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 you 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. AHEARING ONTHISMATTER ISSCHEDULED ONJUNE-7?_,1999,AT_/I_ 12' fi- M„ IN COURTROOM NO.:-3 OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. 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 you 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. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. Ifyou do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. 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 !o 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. YVONNEMARIE STAUNCII-TWIGG, Plaintiff for herself and on behalf of her minor child, MATTHEW BRANDON TWIGG, vs. BRADLEY GORDON TWIGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9,44- CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: BRADLEY GORDON TWIGG Defendant's Date of Birth: 11125/54 Defendant's Social Security Number: 186-46-0288 Names of Protected Persons: YVONNEMARIE STAUNCH-TWIGG, Plaintiff, and her minor child, MATTHEW BRANDON TWIGG AND NOW, this ? flay of May, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ® 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at Kingsbury Mobile Home Park, 5169 Trindle Road, Lot 41, Mechanicsburg, Cumberland County, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or F present on the premises. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff and/or her minor child at any location, including, but not limited, to any contact at Plaintiffs place of employment, the school of the minor child, and/or his day care facility. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's Dlace of employment: Commonwealth Data Service, 4902 Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. Minor child's school: Sporting Hill Elementary School, Sporting Full Road, Mechanicsburg, Cumberland County, Pennsylvania Minor child's day care facility Home : Residence of Betty Pugh, Kingsbury Mobile Park, 5169 Trindle Road, Lot 30, Mechanicsburg, Cumberland County, Pennsylvania 4. Defendant shall not contact Plaintiff and/or her minor child by telephone or by any other means, including through third persons pending the outcome of the final hearing in this matter. ® 5. Plaintiff is awarded temporary custody of the following minor child: Matthew Brandon Twigg. Until the final hearing, all contact between Defendant and the child shall be limited to the following: No contact. 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 Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: Defendant is prohibited from possessing, transferring or acquiring for the duration of this Order. any other weapons ® 7• The following additional relief is granted: The Cumberland County Sheriffs 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. This Ordershall 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 an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor child. 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 chief or head of the police department of (where Defendant resides) and the sheriff of Cumberland 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 Plaintiffs relatives or her minor child. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Ilampdcn Township Police Department. © 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDER APPLIES IMMEDIATELY TO DEFENDANTAND 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. §6114. Consent of the 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. §6113. Defendant is further notified that violation of this Order may subject him/her to stale charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS 'T'his Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I 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 Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff BY 'I Ht's COURT, G, - ) iu L'S (' ? a? FsP YVONNEMARIE STAUNCH-TWIGG, Plaintiff for herself and on behalf of her minor child: MATTHEW BRANDON TWIGG, vs. BRADLEY GORDON TWIGG, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 99- o2 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. The Plaintiff is YvonneMarie Staunch-Twigg. 2. This Petition is filed on behalf of Matthew Brandon Twigg, who is Plaintiff's minor child. 3. The names of the persons who seek protection from abuse are YvonneMarie Staunch- Twigg, and Matthew Brandon Twigg. 4. Plaintiffs address is Kingsbury Mobile Home Park, 5169 Trindle Road, Lot 41, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. Defendant current address is unknown to Plaintiff. Defendant's Social Security Number is 18646-0288. Defendant's date of birth is 11/25/54. Defendant's place of employment is Boscov's Department Store, Camp Hill Mall, Trindle Road and Route 11, Camp Hill, Cumberland County, Pennsylvania. 6. Defendant is Plaintiffs husband. 7. Defendant has been involved in the following criminal court action: Hampden Township Police charged Defendant with disorderly conduct as a result of the incident which occurred on or about May 10, 1999„ involving Plaintiff. 8. Plaintiff seeks temporary custody of the following child: Name Address Birthdate Matthew Brandon Twigg Kingsbury Mobile Home Park April 24, 1990 5169 Trindle Road, Lot 41 Mechanicsburg, PA 17055 9. Plaintiff and Defendant are the parents of the following minor child: Name Age Matthew Brandon Twigg 9 years old 10. The following information is provided in support of Plaintiffs 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, YvonneMarie Staunch-Twigg, who resides at Kingsbury Mobile Home Park, 5169 Trindle Road, Lot 41, Mechanicsburg, Cumberland County, Pennsylvania. c) During the past five years, the child has resided with the following persons and at the following addresses: Persons child lived with Address When Plaintiff Kingsbury Mobile Home Park From 5/10/99 5169 Trindle Road, Lot 41 to the present Mechanicsburg, PA Plaintiff and Defendant Kingsbury Mobile Home Park From 1994 5169 Trindle Road, Lot 41 to 5/10/99 Mechanicsburg, PA d) Plaintiff; the mother of the child, is YvonneMarie Staunch-Twigg, currently residing at Kingsbury Mobile Home Park, 5169 Trindle Road, Lot 41, Mechanicsburg, Cumberland County, Pennsylvania. e) She is married. Q Plaintiff currently resides with the following person: Name Relationship Matthew Brandon Twigg her minor child 9) Defendant, the father of the child, is Bradley Gordon Twigg, whose current address is unknown to Plaintiff h) He is married. i) Defendant currently resides with the following persons: Plaintiff does not have knowledge of this information. 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 his birth, and who can best take care of the minor child. 2) Defendant has shown by his abuse of Plaintiff and the minor child that he is not an appropriate role model for the child. 3) Defendant's behavior has adversely affected the child. H. The facts of the most recent incident of abuse are as follows: Approximate Date: On or about May 10, 1999 Place: Kingsbury Mobile Home Park, 5169 Trindle Road, Lot 41, Mechanicsburg, Cumberland County, Pennsylvania, Plaintiffs residence. On or about May 10, 1999, Defendant argued with Plaintiff; turned off the television as she and the parties' minor son were watching it, called her fat bitch, and shoved her backward against the wall. When Plaintiff telephoned the police for help, Defendant called her bitch again and told her there was no need for her to call the police. Defendant was charged with disorderly conduct by Hampden Township Police, removed from the residence, and advised by the police not to return. 12. Defendant has committed the following prior acts of abuse against Plaintiff or the minor child: a) On a weekly basis from approximately 1996, through early May 1999, Defendant has yelled and screamed at Plaintiff while standing in close proximity to her face and jabbing his finger toward her face, and poked her repeatedly on the chest. In addition, Defendant has threatened Plaintiff several times since 1996, saying that he would shoot her, burn her mobile home down, make it look like an accident, and collect her life insurance policy money, and that he would bum her mobile home down with her and her dog inside. Whenever Plaintiff spoke of divorcing Defendant, he threatened to kill her, take their son, and get her money. Defendant further threatened Plaintiff telling her that he could easily get his shotgun from his vehicle where he keeps it, get the shells, and kill her. Fearing for her safety when Defendant was at home, Plaintiff often did not sleep until he left the residence. b) In or about February 1999, Plaintiff told Defendant that she wanted a divorce because their marriage was not good for her or Matthew. Later the same day, Plaintiff overheard Defendant tell his mother during a telephone conversation that if Plaintiff got custody of their son, he wanted his sister to take Matthew with her when she moved out of Pennsylvania so Plaintiff would never see him again. The following day, Defendant's sister came to the parties' residence, and stood outside talking to Defendant and Matthew. Matthew later told Plaintiff that Defendant and his aunt told him that he was going to go live with her when she moved, and that Defendant was going to get custody of him. C) On or about January 25, 1999, Defendant threatened to burn down Plaintiff's mobile home with her, their 9-year-old son, Matthew, and the family dog inside. d) On or about January 24, 1999, SuperBowl Sunday, Defendant, who had been watching the football game, went to Plaintiffs bedroom, argued with her, and became loud and verbally abusive to her and their child, Matthew. After x.;a«;;ew had gone to bed, Defendant yelled at him to come see a game play on television, and when the bey did not respond, Defendant went into his bedroom, woke him up, grabbed him by the neck, and pulled him into the living room. Plaintiff intervened when she heard the boy yell. e) In or about September 1998, Defendant threatened to kill Plaintiff, their son, and the family dog. f) In or about summer 1998, Defendant admitted to Plaintiff that he had killed her pet rabbit by breaking its neck. g) Since approximately 1996, Defendant has abused Plaintiff in ways including, but not limited to, shoving her about, and intimidating and controlling her. In addition, Defendant has threatened to kill Plaintiff's dog, and has abused the dog since it was 6 weeks old by kicking, slapping, and punching it. In or about 1998, Plaintiff came home and found the dog bleeding from the mouth, and Defendant later admitted to kicking it in the face. Defendant has also thrown Plaintiffs cat about. 13. Defendant has used or threatened to use the following weapons against Plaintiff or the minor children: firearms including, but not limited to, shotguns, rifles, and handguns. 14. 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: Hampden Township Police Department. 15. There is an immediate and present danger of further abuse from Defendant. 16. Plaintiff is asking the Court to evict and exclude Defendant from the residence at Kingsbury Mobile Home Park, 5169 Trindle Road, Lot 41, Mechanicsburg, Cumberland County, Pennsylvania, which is owned in the names of PWmiff and Defendant. 17. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse described above: see attached Exhibit A, incorporated hereto by reference. 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 and/or minor child in any place where they may be found. B. Evict and exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Require Defendant to provide Plaintiff and/or minor child with other suitable housing. D. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child: No contact pending further Order afler the hearing scheduled in this matter. E. Prohibit Defendant from having any contact with Plaintiff and/or minor child, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiffs place of employment, and/or the child's school or day care facility. F. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's child listed in this Petition. G. 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. H. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. 1. Order Defendant to pay the costs of this action, including filing and service fees. 3. Order Defendant to reimburse Cumberland County, a Legal Services funding source, $250.00 for the value of the legal services provided to Plaintiff for the cost of litigating this case if the case goes to hearing. K. Order the following additional relief, not listed above: 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 PWmiffan opportunity to respond. 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. L. Grant such other relief as the court deems appropriate. A 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. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II 18. CUSTODY UNDER PENNSYLVANIA CUSTODY LAW The allegations of Count I above are incorporated herein as if fully set forth. 19. The best interest and permanent welfare of the minor child will be served by confirming custody in Plaintiff as set forth in paragraph 10 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. She.., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor child to her. Respectfully submitted, Date: a w / ? ;an-C . yyZare, Attorney for aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that 1 am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements arc made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: C7 bY1L?tP q0, I'AT)I, 1QMOJL,P ??C 11CIn w C?? 'dvonneMaric Staunch-Twigg, Plaintiff YVONNEMARIE STAUNCH•TWIGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff for herself and on behalf of her minor child, ; CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW BRANDON TWIGG, VS. : NO. 99• CIVIL TERM BRADLEY GORDON TWIGG, Defendant : PROTECTION FROM ABUSE AND CUSTODY QUT-OF-POCKET LOSSES The Plaintiff requests that the defendant reimburse her out-of-pocket losses, including but not limited to the following: Any and all lost wages as a result of the incident which occurred on or about May 10, 1999. TOTAL $37.50 EXHIBIT A? Cj YVONNEEMARIE STAUNCH-TWIGG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY GORDON TWIGG Defendant 3244 CIVIL 99 ITEM: POLARMS 12 GAUGE SER # 16570 ORDER AND NOW, this 20 Day of February, upon petition of the Sheriff, the following Order is entered: The Sheriff of Cumberland County having sent notice to reclaim the seized weapon(s)/firearm(s) to the above-named defendant via regular mail to the last known address, and the defendant not having responded to the notice by asserting a claim, the Sheriff of Cumberland County is directed to destroy the listed weapon(s)/firearm(s) in accordance with law. The Sheriff shall make the appropriate arrangements for the destruction of any ammunition. R. Thomas Kline, Sheriff Cumberland County Sheriffs Office By the Court, - ,?, ' ?_ ? - l c -: ,,_ ;? ._ - _; ., . _ ?_ -- ? ti.i cV ?3 ? '?:?.i U? ? `i _, iJ YVONNEEMARIE STAUNCH-TWIGG Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY GORDON TWIGG Defendant 3244 CIVIL 1999 ITEM: POLARMS 12 GAUGE SER # 16570 AND NOW, comes R. Thomas Kline, the Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esq., and petitions Your Honorable Court to order the destruction of the above described weapons/frearms in his possession upon the following: 1. The Cumberland County Sheriffs Department currently has possession of the above described weapons/ firearms, having seized the same from the Defendant on May 28, 1999. 2. The weapons/firearms were seized pursuant to an Order of Your Honorable Court dated May 28, 1999, and entered at the above docket number. 3. The Order was issued in proceedings instituted by the Plaintiff for protection from abuse, 4. Pursuant to said Order, the period of seizure expired on June 10, 2000. 5. On July 10, 2000, the Sheriffs Department caused notice to be sent, via regular mail and certified mail, to the Defendant at his last known address, advising him that the above described weapons must be reclaimed by him, in person, within 30 days, at which time the Department would petition Your Honorable Court for an Order for destruction of the weapons; a copy of said notice is attached hereto as Exhibit "A" 6. The Defendant has failed to reclaim the weapons. WHEREFORE, you petitioner respectfully requests Your Honorable Court to enter an Order directing the destruction of the above described weapons. Very respectfully submitted, Edward L. Sch rpp Solicitor 10 East High Street Carlisle, PA 17013 (717)243-3341 i I ? .:1 ?'" V: ? ? ,I,t ? )> . . "? . .... . 1 ? ( _. c!) i C?i a?`. L / i _ I l: 1 LI,. L?. - .. 7 i •, VF.RIFI ATION 1, Barry J. Horn, verily that the statements made in the within Petition are true and correct to the best of my knowledge, information and belief, The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Dated: f? Ci 0? St By: Barry orn, geant Cumberland County Sheriffs Office R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor W of Cuutbetl Ice OFFICE OF THE SHERIFF RONNY R. ANDERSON Chief Deputy PATRICIA A. SHATTO Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 July 10, 2000 Bradley Twigg 426 Brook Circle Mechanicsburg, PA 17055 Dear Mr. Twigg, Our office is currently in possession of the weapon(s) which was confiscated on May 28, 1999 pursuant to a PROTECTION FROM ABUSE order entered against you at 99 Civil 3244. Upon receipt of this letter, if allowed by law, you have thirty (30) days to obtain a court order authorizing the return of the weapon(s) seized and appear at this office, in person, and retrieve your weapon(s). Failure to make arrangements to recover the weapon(s) will result in an order by the court to destroy the weapon(s). You may contact our office Monday - Friday, 8 AM - 4:30 PM, to make any arrangements to recover the weapon(s) at (717)240-6390. Respectfully, R. IThomas Kline, Sheriff I?WTIY?IIII?YLLTik' • • • C1 n v 40 IU - N•?.?.'C 0 L lil.•' '0 .n i5 M ;:LO O pnumpu $ fn a T - C) Corllflod Fnu _ N N m K r-l _._ Q+ R"lurn Ilocnipl Fuu P H.". m d C N W ([nEomam omnnt gmlalmd) Nma (? -4 CD C3 Rustrictod ndorsani ry Fan V CD -4 O \ (Enaoruumunt m nW9arytro . O CL C3 TOW POOIOBn A Faao ----- , W ru rU Namo lie xoe Prlnf claarly) (io bO camplaletl by nmllur) "' rudlc p? Sfreoy Apf. No.; a PO Box Nd!?. ....................................................... 4a[e a B ?® ClfY. 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