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HomeMy WebLinkAbout99-04600'Y? :?? ?2 '?':'!h ? >?( ,vq, ' - / KV . . [ ? +1 i? r, ??? ??.« ?? ' H x F;: ;.:. ..;,,. ?? ' ? ? ? v'; ,; d fG *; ;,m 1 n` 1 ?'? ? tit . ' .: `jf - { Sl` '` . t ?' ?, y. ^'(i'. ??;? e'? ':?a.... a e: ' vz % d`. .:e.. ?_,,;;y '::<'?e ,..?„ r ? ??? ?. ?= ?: ?? . C? ? i-' : r",. V (? :::! ?::` d ?+ ?? 1 rz ;'$ •?.'dC?? 10/13/99 WED 11:37 FAX 717 9en nc7i -1-1 ,,.. ., ,. - - --- -- wmu w rrtuinunulAKX? -?-?? vu fm001 ssx TX REPORT sss sssxssssisxszssz;sass TRANSMISSION OK TX/RX NO 1532 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 10/13 11:35 USAGE T 01'58 PGS. 3 RESULT OK Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. NO. 99 - 4600 CIVIL TERM Rodney E. Delp, Sr., Defendant : PROTECTION FROM ABUSE AND CUSTODY k ORDER OF COURT AND NOW, this -"- day of October, 1999, upon consideration of the attached Petition, the Final Protection Order in the above captioned case dated August 3, 1999, is hereby vacated and the action withdrawn without prejudice to Plaintiff. A certified copy of this Order will be provided to the Lower Allen Township Police and the Pennsylvania State Police Department by the plaintiffs attorney. By the Court, /Ge Hoffer, Presid t Judge Joan Carey Attorney for Plaintiff Karl Rominger Attorney for Defendant 4,1/ `? f'? I o. '' ,. .?V ?:y 1 ?., i Deborah A. Delp, : IN THE COURT OF COMMON PLEAS Plaintiff VS. : OF CUMBERLAND COUNTY PENNSYLVANIA NO. 99 - 4600 CIVIL TERM Rodney E. Delp, Sr., Defendant : PROTECTION FROM ABUSE : AND CUSTODY PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff requests the Court vacate the Final Protection From Abuse Order in the above- captioned case on the grounds that: A Temporary Protection Order was issued by this Court on July 30, 1999, scheduling a hearing for August 3, 1999, at 2:00p,m. 2. The parties executed an agreement and a protection order was entered on August 3, 1999. 3. The parties are in the process of reconciling their differences. 4. At this time Plaintiff requests that the Final Order entered on August 3, 1999, be vacated and the action be withdrawn without prejudice to her. 5. A certified copy of this Order of Court will be provided to the Lower Allen Towwnship Police and the Pennsylvania State Police Department by the attorney for Plaintiff. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order and that the action be withdrawn without prejudice to Plaintiff. Respectfully submitted, 'him Carey, Attorney r Plaintiff LEGAL. SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 I verify that I am the present action and that the above Petition are true and I understand that any false penalties of 18 Pa.C.S. § 4! to authorities. Petitioner as designated in the facts and statements contained in the correct to the best of my knowledge. statements are made subject to the ?04, relating to unsworn falsification Dated: /? 5 7 S /?i !zu x 0,? Deborah Delp, Plaintiff [r i'" i- , r; -..i ?:a i ..?. C:.. .. (.) Lelp, :IN THE COURT OF COMMON PLEAS Plaintiff Vs. :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 4600 CIVIL TERM Rodney E. Delp, Sr., Defendant :PROTECTION FROM ABUSE :AND CUSTODY FINAL ORDER OF COURT Defendant's Name: Rodney E. Delp, Sr. Defendant's Date of Birth: 10109158 Defendant's Social Security Number: 184-46-0030 Name of Protected rson: Debora A. Delp AND NOW, this day of 199 , the court having jurisdiction over he pa ies and the subject? matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by Joan Carey and Philip C. Briganti of LEGAL SERVICES, INC.; Defendant is represented by Karl E. Rominger of Law Offices of Paul B. Orr. 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 123 Big Springs Terrace, Newville, 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. H On a time and date agreed upon by the parties, Defendant may enter the residence to retrieve his clothing and other personal effects. ® 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff Ia place of employment located at Rite Aid, Windsor Park Shopping Center, Mechanicsburg, Cumberland County, Pennsylvania. ® 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. ® 5. Custody of the minor children, Samantha Mae Delp (DOB: 07/11/94) and Rodney Edward Delp, Jr. (DOB: 09/03/97) shall be as follows: The parties shall share physical and legal custody of the minor children, pending further order of the Court. ? 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's office, the following weapons used or threatened to be used by Defendant in an act cf 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 or the minor children. f. The court costs and fees are waived. ? 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 NAY 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. $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. 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. SS 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. S922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 56113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Sheriff shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. 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. If entered pursuant to the consent of Plaintiff and Defendant: Deborah A. Delp, P1 intiff Philip/C. Briga i Attorney for Plaintiff RodneOE. Delp, Sr., Defendant Karl E. Rominger Attorney for Defendant ?? A T T° P Q' 9. ? ?? a ? ? * 0o e ?'+ J a ? •? ?? ? ?? a? ? ? ?= VS. :NO. 99 -46OV CIVIL TERM Rodney E. Delp Sr., 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 .'7 ne day of 1.1 ' 1999, at 9• il ,m., in Courtroom No. of the Cumberland County Courthouse, Carli le, 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 Crimea 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 Americana 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. ?.'. ? '. Deborah A. Delp, Plaintiff THE COURT OF COMMON PLEAS vs. :OF CUMBERLAND COUNTY, PENNSYLVANIA Rodney E. Delp, Sr. :NO. 99 - ?/ 'T u c > CIVIL TERM Defendant :PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Rodney E. Delp, Sr. Defendant's Date of Birth: 10/9/58 Defendant's Social Security Number: 184-46-0030 Name of Protected Perso 2? ? Deborah alp AND NOW, this ?// consideration of th -- day of attached Petitio 1999• upon the court hereby enters the following fo Protection from Abuse, ® 1• Defendant shall g Oran' Order: Of the not abuse, harass, stalk or threaten any above persons in any place where they might be found. y ® 2. Defendant is evicted and excluded from Plaintiff's residence located at 123 Big Springs Terrace, Newville, Cumberland County, Pennsylvania, 17241, a residence which is jointly owned by the parties or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant, who left the residence in early July 1999, shall have no right or privilege to enter or be present on the premises. ® 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 Plaintiff's place of employment at Shopping Center, Mechanicsburg, Rite Aid, Windsor Park specifically ordered to Pennsylvania 17055. Defendant is stay away from the following locations for the duration of this order: Plaintiff's residence located at 123 Big Springs Terrace, Newville, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties, and any other residence Plaintiff may establish. ® 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. ® S. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor children: Samantha Mae Delp (DOB 7/11/94) and Rodney Edward Delp, Jr. (DOB 9/3/97). Until the final hearing, all contact between Defendant and the children shall be limited to the following: supervised visitation in the presence of his mother, Miriam young, or his stepfather, Roy Yoh, at times and dates agreed upon by the parties. The local law enforcement agency in the jurisdiction where the child are located shall ensure that the children are placed in the care and control of Plaintiff in accordance with the terms of this Order. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriff Is Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 07. 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 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. Defendant is to refrain from harassing Plaintiffs relatives or the minor children. 08. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafters The Lower Allen Township Police Department and the Pennsylvania State Police Department. ? 9. THIS ORDER SUPERSEDES O ANY PRIOR PFA ORDER AND E] ANY PRIOR ORDER RELATING TO CHILD CUSTODY 010. 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. 86114. Consent of Plaintiff to Defendants 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. 86113. 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. 88 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 Plaintiff Ia 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, Joan Carey, Andrea Levy, and Philip C. Briganti Attorneys for Plaintiff Deborah A. D91p, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 - N6 QO CIVIL TERM Rodney E. Delp, Sr. Defendant :PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Deborah Ann Delp. 2. The name of the person who seeks protection from abuse is Deborah Ann Delp. 3. Plaintiff's address is 123 Big Springs Terrace, Newville, Pennsylvania. 4. Defendant is believed to live at 818 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant's Social Security Number is 184-46-0030. Defendant's date of birth is 10/9/58. Defendant's place of employment is Bob Evans Restaurant, Carlisle Pike, Carlisle, Pennsylvania. 5. Defendant is Plaintiff's husband. 6. Defendant has been involved in the following criminal court action: Harassment July 1999 Cumberland County Terroristic Threats July 1999 Cumberland County 7. Plaintiff seeks temporary custody of the following children: Name Address Birth Dates Samantha Mae Delp 123 Big Springs Terrace 7/11/94 Newville, PA Rodney Edward Delp, Jr. 123 Big Springs Terrace 9/3/97 Newville, PA 8. Plaintiff and Defendant are the parents of the following minor children: Names Address Acres Samantha Mae Delp 123 Big Springs Terrace 5 yrs. Newville, PA Rodney Edward Delp, Jr. 123 Big Springs Terrace 1 yrs. Newville, PA The following inf ormation 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, who resides at 123 Big Springs Terrace, Newville , Cumberland County, Pennsylvania. (c) During the past five years since their birth the children have resided with the following persons and at the following addresses: Child's name Samantha Mae Delp and Rodney Edward Delp, Jr. Samantha Mae Delp and Rodney Edward Delp, Jr. Samantha Mae Delp and Rodney Edward Delp, Jr. Samantha Mae Delp Persons child Address, unless lived with confidential When Plaintiff 123 Big Springs Ter.7/99 to Newville, PA Present Plaintiff and 123 Big Terrace 4/98 to Defendant Newville, PA 7/99 Plaintiff and 142 S. Hanover 10/96 to Defendant Street, Carlisle 4/98 Plaintiff and 317 Seneca Street 11/95 to Defendant Harrisburg, PA 10/96 Samantha Mae Delp Plaintiff 317 Seneca Street 6/95 to Harrisburg, PA 11/95 (d) Plaintiff, the mother of the children, is currently residing at123 Big Springs Terrace, Newville , Cumberland County, Pennsylvania. (e) She is married. (f) Plaintiff currently resides with the following persons: Name Relationship Samantha Mae Delp Daughter Rodney Edward Delp, Jr. Son (g) Defendant, the father of the children, is currently residing at 818 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. (h) He is married. (i) Defendant currently resides with the following persons. Name Relationship Ricky Lee Delp Brother Robin Lee Delp Sister-in-law (j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other court. (k) Plaintiff has no knowledge of any custody proceedings concerning their children 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 children or claims to have custody or visitation rights with respect to the children. (m) 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. 9. The facts of the most recent incident of abuse are as follows: On or about July 6, 1999, Defendant became verbally abusive towards Plaintiff and shoved her. When Plaintiff attempted to call for help, Defendant ripped the telephone from the wall and choked Plaintiff with the telephone cord causing red marks on her neck. Plaintiff fled the residence to call police. While Plaintiff was gone, Defendant smashed her computer and broke the glass in the front door. When the police arrived, Defendant threatened several times to hurt and kill Plaintiff causing her to fear for her life. Defendant was arrested and charged with terroristic threats and harassment. 10. The following police department or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: The Lower Allen Township Police Department and the Pennsylvania State Police Department. 11. There is an immediate and present danger of further abuse from the Defendant. 12. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 123 Big Springs Terrace, Newville, which is owned by the parties. 13. Defendant owes a duty of support to the minor children. 19. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse described above including a broken computer, a broken door, and lost wages accrued because of a need to change her shift due to the abuse. 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 and exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Award Plaintiff temporary custody of the minor children and place the following restrictions or contact between Defendant and children: supervised visitation in the presence of his mother and step-father at times and dates agreed upon by the parties. D. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's 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 and Plaintiff's except as children listed in this Petition, the court may find necessary with respect to partial custody and/or visitation with the minor children. P. Order Defendant to pay temporary support for the minor children, including medical support. G. Direct Defendant to pay financial losses suffered as determined at the hearing. Plaintiff for the reasonable a result of the abuse, to be H. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00, in the event of hearing. I. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case, in the event of hearing. J. 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 or the minor children. K. 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. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ?. , ?-/ oan Carey, 41 Andrea Levy, and Philip C. Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 _ (717) 243-9400 Dated: VERIFICATION I verify that I am the Plaintiff 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 are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated:L A Z&6e Deborah A. A. Delp 0- q ??? ?? ,. ._ ., - ;: ,??; '? - ,? ?? ?? U ?? SHERIFF'S RETURN - REGULAR CASE NO: 1999-04600 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DELP DEBORAH A VS. DELP RODNEY E SR KENNETH E. GOSSERT , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon DELP RODNEY E SR the defendant, at 19:05 HOURS, on the 30th day of July 1999 at 818 W TRINDLE ROAD MECHEANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to RODNEY E. DELP, SR. a true and attested copy of the PROTECTION FROM ABUSE together with & CUSTODY, NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 18.00 A s.s .00 0 8.00 R 73' mho as fCliS eri $808/02/1999 by Sworn and subscribed to before me this d 4nd day of 19ge) A.D. ym ep eri