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HomeMy WebLinkAbout99-03710 i Lisa Faye Hardy, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 99 - 3 9/0 CIVIL TERM John William Hardy, Defendant :PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING 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 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. A hearing on this matter is scheduled for the .?:y day of 1 1999, at ?1 .m., in Courtroom No. 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. 92265, 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. IF YOU 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 HELD. 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 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. Lisa Faye Hardy, Plaintiff Vs. John William Hardy, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - ?V/L, CIVIL TERM :PROTECTION FROM ABUSE AND :CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: John William Hardy Defendant's Date of Birth: 01/06/56 Defendant's Social Security Number: 093-50-0366 Name of Protected Persons: Lisa Faye Hardy AND NOW, this 1-24 day of 3 Lv?c , 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 Plaintiff's residence located at 6210 Blue Mountain Trail, Bnola, Cumberland County, Pennsylvania, a residence which is owned by Phyllis Luckenbaugh, Plaintiff's mother, 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 be present on the premises, except for the limited purpose of transferring custody of the parties' children. Defendant shall remain in his vehicle at all times during the transfer of custody. ? 3. Except for such contact with the minor children as may be 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 place of employment, White Tornado, located ?? ;; :;'? ?;. ;._,, . . at her home residence of 6210 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania. ® 4. Except for such contact with the minor children 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. i vo Plaintiff is awarded temporary custody of the followia or children: Luke William Hardy, Date o rth: 08/30/84 Colton Jon Hardy, D of Birth: 11/28/90 Kyle David Hardy Date of Birth: 03/04/92 Until the final hear all contact between Defendant and the children shall be limit o the following: times agreed upon by the parties. kcal law enforcement agency in the jurisdiction where the children located shall ensure that the children are placed in the care and ? 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 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. 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 enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Hampden Police Department ? 9. THIS ORDER SUPERSEDES D ANY PRIOR PFA ORDER AND ? 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. 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. 55 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 This order shall be enforced by the police who have jurisdiction over Plaintiffs 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 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. Joan Carey Attorney for Plaintiff BY THE COURT, Lisa Faye Hardy , :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. :NO. 99 -37i0 CIVIL TERM John William Hardy, Defendant :PROTECTION FROM ABUSE :AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. Plaintiff's name is Lisa Faye Hardy. 2. The name of the person who seeks protection from abuse Lisa Faye Hardy. 3. Plaintiff's present address is 6210 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania. 4. Defendant, to the best of Plaintiff's knowledge, is believed to live in Lemoyne, Cumberland County, Pennsylvania. Defendant's Social Security Number is 093-50-0366. Defendant's date of birth is 01/06/56. Defendant's place of employment is PSI located in Harrisburg, Dauphin County, Pennsylvania. 5. Defendant is Plaintiff's spouse. 6. Defendant has been involved in the following criminal court action: Simple Assault June 1999 Defendant is currently on ROR bail. 7. Plaintiff seeks temporary custody of the following children: Name Luke William Hardy Colton Jon Hardy Kyle David Hardy Address 6210 Blue Mountain Trail Enola, PA 6210 Blue Mountain Trail Enola, PA 6210 Blue Mountain Trail Enola, PA Birthdates 08/30/84 11/28/90 03/04/92 8. Plaintiff and Defendant are the parents of the following minor children: Names Ages Address Luke William Hardy 08/30/84 6210 Blue Mountain Trail Enola, PA Colton Jon Hardy 11/28/90 6210 Blue Mountain Trail Enola, PA Kyle David Hardy 03/04/92 6210 Blue Mountain Trail Enola, PA 9. The following information is provided in support of Plaintiff's request for an Order of child custody: (a) The children were not born out of wedlock. (b) The children are presently in the custody of Plaintiff, Lisa Faye Hardy , who resides at 6210 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania. (c) During the past five years children have resided with the following persons and at the following addresses: Persons child Child's name lived with Address When Luke William Hardy Plaintiff 6210 Blue Mountain Trail Enola, PA 06/06/99 Present Plaintiff/ 6210 Blue Mountain Trail Defendant Enola, PA 08/30/84- 06106199 Colton Jon Hardy Plaintiff 6210 Blue Mountain Trail Enola., PA 06/06/99- Present Plaintiff/ 6210 Blue Mountain Trail Defendant Enola, PA 11/28/90- 06/06/99 Kyle David Hardy Plaintiff 6210 Blue Mountain Trail Enola, PA 06/06/99- Present Plaintiff/ 6210 Blue Mountain Trail Defendant Enola, PA 03/04/92- 06/06/99 (d) Plaintiff, the mother of the children, is, currently residing at, 6210 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania. (e) She is married. (f) Plaintiff currently resides with the following persons: Name Relationship Luke William Hardy Son Colton Jon Hardy Son Kyle David Hardy Son (g) Defendant, the father of the children, is, currently residing at an unknown address in Lemoyne, Cumberland County, Pennsylvania. (h) He is married. (i) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. (j) Plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. (k) Plaintiff does not know any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. (1) The best interests and permanent welfare of the minor children 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 children since their births, and who can best take care of the minor children. (2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor children. 10. The facts of the most recent incident of abuse are as follows: a. On or about June 6, 1999, Defendant grabbed Plaintiff and threw her onto the bed. Defendant got on top of Plaintiff and pinned her down with his knees on her arms. For two hours, Defendant held Plaintiff down in this position, causing her to have black and blue marks on her arms and legs. The police were called, and defendant was charged with two counts of simple assault. 11. Defendant has committed the following prior acts of abuse against Plaintiff or the minor children: a. on or about May 9, 1999, Defendant chased Plaintiff around the house and cornered Plaintiff in the kitchen. Defendant threatened that there was going to be a double suicide, causing Plaintiff to fear for her life. b. In or around November 1998, Defendant followed Plaintiff while she was driving, causing her to fear for her safety. When Plaintiff stopped, Defendant kicked in the car door on the Plaintiff's side and got a hammer to hit the car, causing Plaintiff to flee to avoid further abuse. c. on numerous occasions, the Defendant has abused the Plaintiff in ways including the following: shoved, thrown, restrained, pushed, shaken, and threatened to kill Plaintiff and himself. Defendant verbally abused their oldest son, calling him disparaging names. 12. The following police department in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Hampden 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 6210 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania, which is owned by Phyllis Luckenbaugh, Plaintiff's mother. 15. Defendant owes a duty of support to Plaintiff and the minor children. 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. Evict Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Award Plaintiff temporary custody of the minor children and place the following restrictions or contact between Defendant and children:?. 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 place of employment, except as the Court may find necessary with respect to partial custody and/or visitation with the minor children. E. Prohibit Defendant from having any contact with Plaintiff's relatives, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. F. Order Defendant to pay temporary support for the minor children, including medical support and payment of the rent or mortgage on the residence. G. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. H. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. I. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. B. Defendant is to refrain from harassing Plaintiff's relatives. J. Grant such other relief as the court deems appropriate. 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. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 21. The allegations of Count I above are incorporated herein as if fully set forth. 22. The best interest and permanent welfare of the minor child/ren 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. Seg., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor children to her. Plaintiff prays for such other relief as may be just and proper. R spect fly subm ted, f dA,.1et a.? l? ? < (-loan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Dated: CL W M b f? lf) ? . „1 F 11i c 1: :, Lisa Faye Hardy, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- 3710 CIVIL TERM John William Hardy, Defendant PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this 29 I'? day of June, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on June 28, 1/9'99 at 3:30 p.m. by this Court's Order of June 18, 1999, is hereby rescheduled for hearing on {? 1999, at - 1:96) f.m. in Courtroom No.--t-. 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 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 the defendant by mail. Certified copies of this Order for Continuance will be provided to the Pennsylvania State Police and Hampden Township Police Departments by the plaintiffs attorney. By the Court, J. esiey Oler, Judge Philip C. Brigand, Andrea Levy, Joan Carey Attorneys for Plaintiff ?. Lisa Faye Hardy, Plaintiff V. John William Hardy, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 3710 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The plaintiff, by and through her attorney, Philip C. Briganti of Legal Services, Inc., moves the Court for an Order continuing the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on June 18 , 1999, scheduling a hearing for June 28, 1999, at 3:30 p.m. 2. The Cumberland County Sheriffs Department has been unable to serve the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order. 3. The plaintiff requests that the hearing be rescheduled in this matter. 4. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by this Court after notice and hearing. 5. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State and Hampden Township Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule the hearing in the matter, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, Philip C. riganti, Andrea Levy, Joan Carey, Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ?? (.! ? r 1. ?. , r: ?_:, .> t. .. L.. - !.. ` ' ) ?. ?_ ? ? ?) SHERIFF'S RETURN - REGULAR CASE NO: 1999-03710 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARDY LISA FAYE VS. HARDY JOHN WILLIAM BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon HARDY JOHN WILLIAM the defendant, at 14:43 HOURS, on the 1st day of July 1999 at POE: CENTRAL SIGN SYSTEMS 5215 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to JOHN WILLIAM HARDY a true and attested copy of the PROTECTION FROM ABUSE together with AND CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER & CONTINUANCE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 7.44 Affidavit 00S?F?..+?v Surcharge 8.00 A. I om in --rrem i $33.44 07/02/1999 by 4 epu y eri Sworn and subscribed to before me this day of 19A.D. ono __.._ _ .- Lisa Faye Hardy, Plaintiff Va. John William Hardy, Defendant :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 3710 CIVIL TERM :PROTECTION FROM ABUSE :AND CUSTODY FINAL ORDER OF COURT Defendant's Name: John William Hardy Defendant's Date of Birth: 01/06/56 Defendant's Social Security Number: 093-50-0366 Names of Protected Person: Lisa Faye Hardy AND NOW, this day of Tv( -, 19!R,, 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 allegations made in the Petition. ® 1. Defendant shall not abuse, stalk, harass, or 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 6210 Slue Mountain Trail, Enola, 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, except for the limited purpose of transferring custody of the parties' children. Defendant shall remain in his 11^ Vii. ,?1'?., .. .. ?l.':', ??.?, i vehicle at all times during the transfer of custody. ? 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. Except as provided in Paragraph 5 (and Paragraph #8 if any unusual circumstances) 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 school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order: Plaintiff's residence located at 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. 0 S. Custody of the minor children, Luke William Hardy (Date of Birth: 08/30/84) ; Colton Jon Hardy (Date of Birth: 11/28/90) ; and Kyle David Hardy (Date of Birth: 03/04/92), shall be as follows: see attached custody Order. ? 6. Defendant shall immediately turnover 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: ? 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 56108 of this Act: 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. e. Defendant shall enter into and complete an anger- management counseling program with a certified counselor/ therapist. Plaintiff and/or her attorney shall have the right to verify Defendant's attendance at the counseling program. ? 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. ? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. ? 11. Defendant shall pay $* to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR ? 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. ? 12. BRADY INDICATOR 1. ? 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. ? This order is being entered after a hearing of which 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 terms 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 in one year. NOTICE TO DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH 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 UNDER THE VIOLENCE AGAINST WOMEN ACTION, IS U.S.C. 52265. 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. 55 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER TER "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(0), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff Ia 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 fIs 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 COURT, J esley Ole Jr., Ju ge If entered pursuant to the consent of Plaintiff and Defendant: -/ /it ? isa Faye Hardy, P ainti f oan Carey Attorney for Plaintiff Jo?ri William Hardy, efendant ?w n ?. p n A Y F Lisa Faye Hardy, Plaintiff V. John William Hardy, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3710 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDER AND NOW, this Z A day of July, 1998, upon consideration of the parties' Consent Agreement, the following order is entered with regard to custody of the parties' children, Luke William Hardy (Date of Birth: 08/30/84) ; Colton Jon Hardy (Date of Birth: 11/28/90) ; and Kyle David Hardy, (Date of Birth: 03/04/92). 1. Plaintiff, hereinafter referred to as the mother, shall have primary physical and legal custody. 2. Defendant, hereinafter referred to as the father, shall have partial custody of the children, on dates and at times agreed upon by the mother and father. 3. 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. 4. There shall be reasonable notice given to the other party if a scheduled period of partial custody needs to be cancelled or modified and a make-up period shall be offered within a reasonable time frame. 5. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 6. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or other parent. By the Court, J Wesley Oler,- If entered pursuant to the consent of Plainti: Lisa Faye Hardy, F?'aintl iff ,Joan Carey // Attorney for Plaintiff respect for the ?Jr., dge :f and Defendant: 1 Jo William Ha dy, D fendant John William Hardy Pro Se r -.. ... C ., SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-03710 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF (7UMBERLAND HARDY LISA FAYE VS. HARDY JOHN WILLIAM R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: HARDY JOHN WILLIAM but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On July 1st 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answ s: Docketing 18.00 Out of County 9.00 Surcharge 8.00 oma in eri Dep. Dauphin Cc 25.50 $6O.bU 07/01/1999 Sworn and subscribed to before me this i l: day of L CCs 199g A.D. J rrptrfno _-kll LA.. ?. . -411::11 e. uen.u Lisa Faye Hardy e VS. Johb William Hardy No. 99-3710 Civil 19 Now, 6/21/99 19_1 f S14FRIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?'?z Sheriff of Cumberland County, Pa. Affidavit of Service Now, at by handing to attested copy of the original the contents thereof. Sworn and subscribed before one this day of 19 ,at So answers, Sheriff of COSTS SERVICE S 19 MILEAGE AFFIDAVIT L o'clock M, served the a true and and made known to County, Pa. S 001firk Of P ,,%4Pxiff Mary Jane Snyder Real Estate Deputy William T. Tulle Solicitor Dauphin County Harrisburg. Pennsylvania 17101 ph: (717) 255.2660 far: (717) 255.2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HARDY LISA FAYE vs County of Dauphin HARDY JOHN WILLIAM Sheriff's Return No. 1235-T - - -1999 OTHER COUNTY NO. 99-3710 Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief I)eputy I, Jack LOtwiCk, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for HARDY JOHN WILLIAM the DEFENDANT named in the within PROTECTION FROM ABUSE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, June 23, 1999 SPOKE TO TERRY RHOADS/TITLE ADMIN ASST. THIS PERSON CHECKED WITH PSI AND LANDSCAPING COMPANIES THAT DEF IS NOT LISTED AS A EMPLOYEE. Sworn and subscribed to before me this 29TH d.1 of JUNE, 1999 PROTHONOTARY So Answers, ?lel?;? Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO )'1 MaRM32M TO 33M DEEM As you Imow. the plahni has Ned a Ind action spioha yon ender the Protection From Abase Act and has obtained a Temporary Protadoo Order. fro ptarotiu is prepared to have a hearing held in order to obtain a float Protection Order eEtecdn for we (1) year. As an alternallm yon MY mend to the entry tithe Anal Protection Order to be In effect for one year. N yon are wOBag to eooaent you abnod can Lepl Swdce4 Inc. in Carlide at 143-9400, 7W4M from the Wed Shwa or 00,M frm ShipptodmM and nk to speak to the staff person haorNog the caw aboot a Comment AVmm uL The Consent Agtemeru should be pteI x1 before the thse scheduled fortho hearing so tlw Court wilt tmod theid of fte !hat 1M a+e win not be r»nMated yea some c m+. sgasdlen of whether a settlement by Cansaht Agreement hu been reached, the panda must appear in court at the dm scheduled for hmdng. if the raw is uncontested, the court appearance will be brief. The judge will main am the parties mdenund the Consent Agreement and ftal Protection Order. If you do not agree to the entry of the float Protection Order, a aoatested hearing will talon place at the scheduled time. When a Amt Protection Order is entered, it will be seat or given to you, the plaindff, and the appropriate Police depasfureats u you fail to abide by the terms of the Anal Protection Order you will be subject to imp west, and a fins of $100.00 to $1,000.00 and/or a jail smmex of up to six maths and other relief: FEES AND COSTS If the can goes to hearing and thejudge greets a Pmmcdon Order, as rcbarp of $25.00 will be assessed ageing you. You may aim be required to pay atmrney fns to Lego Services, Inc. for their rgxeswWm of the 0aisdff. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. Hr YOU 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. COURT ADMINISTRATOR, 4th FLOOR MMEERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240.M Lisa Faye Hardy, IN THE COURT OF COMMON PLEAS Plaintiff , :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 99 - -37/o CIVIL TERM John William Hardy, , Defendant :PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING 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 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. A hearing on this matter is scheduled for the b), day of 1999, at ?.' 3,n 41.m., in Courtroom No. 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. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, 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. 52261-2262. 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. IF YOU 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 HELD. 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 to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having buciness 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. Lisa Faye Hardy, Plaintiff VS. John William Hardy, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 3,710 CIVIL TERM :PROTECTION FROM ABUSE AND :CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: John William Hardy Defendant's Date of Birth: 01106156 Defendant's Social Security Number: 093-50-0366 Name of Protected Persons: Lisa Faye Hardy AND NOW, this day of JLC.I1z , 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 Plaintiff's residence located at 6210 Slue Mountain Trail, Bnola, Cumberland County, Pennsylvania, a residence which is owned by Phyllis Luckenbaugh, Plaintiff's mother, 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 be present on the premises, except for the limited purpose of transferring custody of the parties' children. Defendant shall remain in his vehicle at all times during the transfer of custody. O 3. Except for such contact with the minor children as may be 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 place of employment, White Tornado, located at her home residence of 6210 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania. ® 4. Except for such contact with the minor children 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. Plaintiff is awarded temporary custody of the following mi children: ? wo Luke William Hardy, Date of Birt 8/30/84 Colton Jon Hardy, Date o rth: 11/28/90 Kyle David Hardy. D of Birth: 03/04/92 Until the final hearing, contact between Defendant and the children shall be limited to following: times agreed upon by the parties. The loco w enforcement agency in the jurisdiction where the children are Gated shall ensure that the children are placed in the care and ? 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 following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiffs 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 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 enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Hampden Police Department ? 9. THIS ORDER SUPERSEDES D ANY PRIOR PFA ORDER AND O ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SRALL 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. 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. 55 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 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 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. BY THE COURT, 011 11 11 ?/I-- Z Jud e Joan Carey Attorney for Plaintiff TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hares and the sea?of SEtd Cou t at Carlisle, Pa. ihl day o 19 ?_ Prot onotary Lisa Faye Hardy , Plaintiff V8. John William Hardy, Defendant IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 3710 CIVIL TERM :PROTECTION FROM ABUSE :AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. Plaintiff's name is Lisa Faye Hardy. 2. The name of the person who seeks protection from abuse Lisa Faye Hardy. 3. Plaintiff's present address is 6210 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania. 4. Defendant, to the best of Plaintiff's knowledge, is believed to live in Lemoyne, Cumberland County, Pennsylvania. Defendant's Social Security Number is 093-50-0366. Defendant's date of birth is 01/06/56. Defendant's place of employment is PSI located in Harrisburg, Dauphin County, Pennsylvania. 5. Defendant is Plaintiff's spouse. 6. Defendant has been involved in the following criminal court action: Simple Assault June 1999 Defendant is currently on ROR bail. 7. . Plaintiff seeks temporary custody of the following children: Name Luke William Hardy Colton Jon Hardy Kyle David Hardy Address 6210 Blue Mountain Trail Enola, PA 6210 Blue Mountain Trail Enola, PA 6210 Blue Mountain Trail Enola, PA Birthdates 08/30/84 11/28/90 03/04/92 8. Plaintiff and Defendant are the parents of the following minor children: Names Aces Address Luke William Hardy 08/30/84 6210 Blue Mountain Trail Enola, PA Colton Jon Hardy 11/28/90 6210 Blue Mountain Trail Enola, PA Kyle David Hardy 03/04/92 6210 Blue Mountain Trail Enola, PA 9. The following information is provided in support of Plaintiff is request for an Order of child custody: (a) The children were not born out of wedlock. (b) The children are presently in the custody of Plaintiff, Lisa Faye Hardy , who resides at 6210 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania. (c) During the past five years children have resided with the following persons and at the following addresses: Persons. child Childs name lived with Address When Luke William Hardy Plaintiff 6210 Blue Mountain Trail Enola, PA 06/06/99 Present Plaintiff/ 6210 Blue Mountain Trail Defendant Enola, PA 08/30/84- 06/06/99 Colton.Jon Hardy Plaintiff 6210 Blue Mountain Trail Enola, PA 06/06/99- Present Plaintiff/ 6210 Blue Mountain Trail Defendant Enola, PA 11/28/90- 06/06/99 Kyle David Hardy Plaintiff 6210 Blue Mountain Trail Enola, PA 06/06/99- Present Plaintiff/ 6210 Blue Mountain Trail Defendant Enola, PA 03/04/92- 06/06/99 (d) Plaintiff, the mother of the children, is, currently residing at, 6210 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania. (e) She is married. (f) Plaintiff currently resides with the following persons: Name Relationship Luke William Hardy Son Colton Jon Hardy Son Kyle David Hardy Son (g) Defendant, the father of the children, is, currently residing at an unknown address in Lemoyne, Cumberland County, Pennsylvania. (h) He is married. (i) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. (j) Plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. (k) Plaintiff does not know any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. (1). The best interests and permanent welfare of the minor children 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 children since their births, and who can best take care of the minor children. (2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor children. 10. The facts of the most recent incident of abuse are as follows: a. On or about June 6, 1999, Defendant grabbed Plaintiff and threw her onto the bed. Defendant got on top of Plaintiff and pinned her down with his knees on her arms. For two hours, Defendant held Plaintiff down in this position, causing her to have black and blue marks on her arms and legs. The police were called, and defendant was charged with two counts of simple assault. 11. Defendant has committed the following prior acts of abuse against Plaintiff or the minor children: a. On or about May 9, 1999, Defendant chased Plaintiff around the house and cornered Plaintiff in the kitchen. Defendant threatened that there was going to be a double suicide, causing Plaintiff to fear for her life. b. In or around November 1998, Defendant followed Plaintiff while she was driving, causing her to fear for her safety. when Plaintiff stopped, Defendant kicked in the car door on the Plaintiff's side and got a hammer to hit the car, causing Plaintiff to flee to avoid further abuse. c. On numerous occasions, the Defendant has abused the Plaintiff in ways including the following: shoved, thrown, restrained, pushed, shaken, and threatened to kill Plaintiff and himself. Defendant verbally abused their oldest son, calling him disparaging names. 12. The following police department in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Hampden 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 6210 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania, which is owned by Phyllis Luckenbaugh, Plaintiff's mother. 15. Defendant owes a duty of support to Plaintiff and the minor children. 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. Evict 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 children and place the following restrictions or contact between Defendant and children:?. 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 place of employment, except as the Court may find necessary with respect to partial custody and/or visitation with the minor children. E. Prohibit Defendant from having any contact with Plaintiff's relatives, except as the court may rind necessary with respect to partial custody and/or visitation with the minor children. F. Order Defendant to pay temporary support for the minor children, including medical support and payment of the rent or mortgage on the residence. G. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. H. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. I. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. B. Defendant is to refrain from harassing Plaintiff's relatives. J. Grant such other relief as the court deems appropriate. 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. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 21. The allegations of Count I above are incorporated herein as if fully set forth. 22. The best interest and permanent welfare of the minor child/ren 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. Sea., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor children to her. Plaintiff prays for such other relief as may be just and proper. Respect?tilly submitted, a l?dAC L.Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Dated: ALN