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HomeMy WebLinkAbout87-0073IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0.73 CIVIL 1987 PROTECTION FROM ABUSE - CUSTODY SHERRIE D. SHEETZ, Petitioner for herself and on behalf of her minor children: BRADLEY SHEETZ and JILL SHEETZ vs. RICHARD SHEETZ, Sr., Respondent TEMPORARY PROTECTIVE ORDER AND ~ETITION Joan Carey Attorney for Petitioner LEGAL SERVICES, INC. 7 North Hanover Street Carlisle, PA 17013 (717) 243-9400 Sherrie D.Sheetz for herself and on behalf of her minor children: Bradley She~z and Jill Sheetz Richard Sheetz Sr. In the Court of Common Pleas of Cumberland County, PennsYlvania No. 73 Civil 1987 Temporary Protective Order Protection From Abuse and Custody Harry E. King .~ or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, that he served =he within Temporary Protective Order Protection From Abuse and Custody upon Richard Sheetz Sr. , the defendant, /4th day of _ .T~n~,~y (city or =own) Richard Sheetz Sr, ~ST /XRR~ on the 6302 Carlisle Pike, Mechanicsburg, (street number) Pennsylvania, by handing 9:10 o'clock A M. , 19 87 , at , C~mberland County, a t~~ae and attested copy of the and Custody and at =he same came directing Temporary Protective Order Protection From Ab,,~,-. his attention co the con~en~s =hereof and =he" ' ' No:zce co Plead" endorsed thereon. Sheriff's Costs: Docketing 14.00 Service 6.97 Affidavi~ $ 20.97 Surcharge Cumberland County paid sheriff $ 6.97 Sworn and subscribed before me =hi of y? ~%rothono tary~~'~~/~''~-~ SO answers: WILLIAM K. BECK, Sheriff ---7 ~De~t~!'~-~ Sherif~ SHERRIE D. SHEETZ, Petitioner for herself and on behalf of her minor children: BRADLEY SHEETZ and JILL SHEETZ vs. RICHARD SHEETZ, Sr., Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. CIVIL 1987 PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTIVE ORDER AND NOW, this ~ /3 ~ day of January, 1987, at ~,'3~ ~.M., upon presentation and consideration of the within Petition, and upon finding that the Petitioner, Sherrie D. Sheetz, and her children, now residing at an undisclosed location, are in immediate and present danger of abuse from the Respondent, Richard Sheetz, Sr., the following Temporary Order is entered· The Respondent, Richard Sheetz, Sr., now residing at 4624 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the Petitioner, Sherrie D. Sheetz, or placing her in fear of abuse· Temporary custody of Bradley Sheetz and Jill Sheetz is hereby awarded to the Petitioner, Sherrie D. Sheetz. This Order shall remain in effect until a final order is entered in this case· A hearing shall be held on this matter on the .~ ~ day of January, 1987, at ~ ~.M. in Courtroom No. ~ , Cumberland County Courthouse, Carlisle, Pennsylvania· The Petitioner may proceed i__qn ~orma pauperis pending a further order after the hearing. Service of a certified copy of the Petition and this Order shall be provided by the Cumberland County Sheriff,s Department. The Hampden Township Police Department will be provided with a copy of this Order by attorneys for Petitioner and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the Respondent shall not be taken to jail but shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the Respondent shall be arraigned before a district magistrate who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure (35~on 10190). P.J. SHERRIE D. SHEETZ, Petitioner for herself and on behalf of her minor children: BRADLEY SHEETZ and JILL SHEETZ vs. RICHARD SHEETZ, Sr., Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by atttorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, 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 HELP. COURT ADMINISTRATOR, 3RD FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-1133 SHERRIE D. SHEETZ, Petitioner for herself and on behalf of her minor children: BRADLEY SHEETZ and JILL SHEETZ VS. RICHARD SHEETZ, Sr., Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTIVE ORDER AND CUSTODY COUNT 1 RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 35 P.S. SECTION 10186(1) et seq. A. ABUSE, SECTION 10186(1) 1. The Petitioner is an adult individual whose permanent address is 4624 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Petitioner is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 3. The Respondent is an adult individual residing at 4624 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 4. The Petitioner and Respondent were married on September 12, 1964. 5. Since March, 1984, the Respondent has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the Petitioner and by physical menace has placed the Petitioner in fear of imminent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a. On Sunday, January 11, 1987, the Petitioner and her 17 year-old son, Bradley, returned home from a shopping trip. They both went upstairs to their respective bedrooms. The Respondent came upstairs and was angry because the Cleveland Browns' football team lost the play-off game. He told the Petitioner that she was a "jinx" to that team and as long as she was alive, they would lose. He also told her that he didn't know what might happen to her by the end of the day. The Respondent threw some books and a package at the Petitioner. He then went downstairs. While he was gone, the Petitioner dialed her brother-in-law's number but before she could say anything, the Respondent returned. She left the receiver off the hook in the hopes that the brother-in-law would know what was going on. The Respondent repeated the statement about her being a "jinx." He went back downstairs. The Petitioner went to her son's bedroom and told him to try to get out of the house. She then went out to the garage and left the residence because she was afraid that the Respondent might kill her. The Respondent has gotten angry before when this same football team has lost and he made similar statements to the Petitioner. The Respondent has also threatened the Petitioner on a weekly basis to "bash in her face." Because of the nature of the threats on this day and previous weekly threats, the Petitioner feared for her life. b. In August, 1986, the Respondent grabbed the Petitioner by the hair and started pulling her, causing the Petitioner to fall to the floor. While the Petitioner was on the floor, the Respondent kicked her repeatedly in the shoulder, arms, back, and hip. The Petitioner got up off the floor and the Respondent grabbed her by the hair again. He then hit her against the kitchen cabinet several times and said that he now knew how to "do it without leaving marks." The Petitioner went into the living room. The Respondent came in and said that he would get his gun and shoot her. The Respondent went into another room. The Petitioner heard him getting into the gun cabinet. He came back into the room and threatened to get the gun again. The Petitioner went upstairs and called the police but the Respondent came up and the Petitioner hung up the telephone. The police called her back and talked to the Respondent who had calmed down. c. In approximately July, 1986, the Respondent punched the Petitioner two times in her back, grabbed her by the hair, banging her head repeatedly against the kitchen cabinet and counter top, and punched her in the chest. This resulted in the Petitioner having bruises on her jaw, ear and chest. d. In November, 1985, the Respondent was angry and knocked over two lamps in the bedroom. He pushed the Petitioner onto the bed, got on top of her, choked her and punched her several times in the abdomen. The Petitioner got away but fell to the floor. The Respondent then kicked her repeatedly. The telephone rang and it was someone from the Respondent's place of employment asking him to go back to work and he did. The Petitioner sought medical treatment a few days later and was told that she had cracked ribs. 6. On January 11, 1987 the Petitioner left her residence at 4624 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania in order to avoid further abuse. The children left the same residence on January 12, 1987, in order to avoid further abuse. 7. The Petitioner believes and therefore avers that she will be in immediate and present danger of serious abuse from the Respondent should she return to the home and that she is in need of protection from such abuse. e children: Name Bradley Sheetz B. TEMPORARY CUSTODY, SECTION 10186(4) The Petitioner seeks temporary custody of the following Present Residence Jill Sheetz Undisclosed location Undisclosed location The children were not born out of wedlock. A~e 17 years-old DOB 8/9/69 12 years-old DOB 3/11/74 The children are presently in the custody of the Petitioner who is residing at an undisclosed location. During the past five years, the children have resided with the following persons and at the following addresses: Name Petitioner, Respondent, and Richard Sheetz, Jr. Petitioner and Respondent Relationshi~ 4624 S. Clearview Dr. Camp Hill, PA 17011 4624 S. Clearview Dr. Camp Hill, PA 17011 Dates 1/82 to 10/85 10/85 to present The mother of the children is Sherrie D. Sheetz, currently residing at an undisclosed location. She is married. The father of the children is Richard D. Sheetz, Sr., currently residing at 4624 South Clearview Road, Camp Hill, Cumberland County, Pennsylvania, 17011. He is married. 9. The relationship of the Petitioner to the children is that of mother. 10. The Petitioner has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. 11. The Petitioner has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 12. The Petitioner does not know of 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. 13. The best interests and permanent welfare of the children will be met if custody is temporarily granted to the Petitioner pending a hearing in this matter because: a. The Petitioner is a fit parent who can best take care of her children. b. The Respondent has shown by his abuse of the Petitioner that he is not an appropriate role model for the children. C. EXCLUSIVE POSSESSION, SECTION 10186(2) 14. The Petitioner and Respondent resided together at 4624 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania, in a home. 15. The residence is jointly leased by the parties. 16. The Petitioner currently has no permanent place to stay with her children except the marital home, and the Respondent has previously offered to move out and he also has more of a financial ability to pay for his own residence than the Petitioner. 17. The Petitioner desires possession of the home so as to give the greatest degree of continuity to the lives of the children and to allow them to continue their education at their local schools and to continue their school and social activities. D. SUPPORT, SECTION 10186(5) 18. The Respondent has a duty to support the Petitioner and her children. 19. The Respondent is employed at Woods Buick as a sales manager and has an annual salary in excess of $25,000.00. 20. The Petitioner's income is insufficient to provide for her minimal needs and those of her children until such time as a support order can be obtained by filing at the Domestic Relations Office. 21. The Petitioner intends to petition for support within two weeks of the issuance of a protective order. E. STATUS TO PROCEED IN FORMA PAUPERIS 22. The Petitioner currently is employed at Country Meadows Retirement Center, Mechanicsburg, Pennsylvania, and has an annual income of approximately $11,300.00. 23. The Petitioner because of her financial circumstances is unable to pay the fees and costs of this action. 24. The Petitioner is unable to obtain funds from anyone to pay the costs of litigation. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 35 P. S. Section 10181 et seq., as amended, the Petitioner prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Requiring the Respondent to refrain from abusing the Petitioner or placing her in fear of abuse; and 2. Granting temporary custody of the minor children, Bradley and Jill Sheetz, to the Petitioner. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Requiring the Respondent to refrain from abusing the Petitioner or placing her in fear of abuse; 2. Granting possession of the home located at 4624 South Clearview Drive, Camp Hill, Pennsylvania, to the Petitioner to the exclusion of the Respondent. 3. Ordering the Respondent to stay away from any residence the Petitioner may in the future establish for herself. 4. Granting support to the Petitioner in the amount of $50.00 per week payable by mail. The Petitioner further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the Hampden Township Police Department as the Police Department with jurisdiction to enforce this Order. The Petitioner prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 25. The allegations of Count I above are incorporated herein as if fully set forth. 26. The best interests and permanent welfare of the children will be served by confirming custody in the Petitioner as set forth in Paragraph 13 of the Petition. WHEREFORE, pursuant to 23 P.S. Section 1001 et seq., and other applicable rules and law, the Petitioner prays this Honorable Court to award custody of the minor children to her. The Petitioner prays for such other relief as may be just and proper. Respectfully submitted, Attorney for Petitioner LEGAL SERVICES, INC. 7 North Hanover Street Carlisle, PA 17013 (717) 243-9400 The above-named Petitioner, Sherrie D. Sheetz, verifies that the statements made in the above Petition are true and correct. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Sherrie D. Sheetz, Petitio~u~r CIVIL ACTION - LAW j NO. 73 CIVIL 1987 ~/~N~ PROTECTION FROM ABUSE - CUSTODY SHERRIE D. SHEETZ, Petitioner for herself and on behalf of her minor children: BRADLEY SHEETZ and JILL SHEETZ VS. RICHARD SHEETZ, Sr. , Re sponde nt PETITION AND ORDER TO DISMISS ACTION Joan CarRy Attorney- at- Law LEGAL SERVICES, INC. 7 North Hanover Street Carlisle, PA 17013 (717) 243-9400 SHERRI D. SHEETZ, Petitioner for herself and on behalf of her minor children: BRADLEY SHEETZ and JILL SHEETZ vs. RICHARD SHEETZ, Sr., Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 73 CIVIL 1987 : PROTECTION FROM ABUSE AND : CUSTODY ORDER OF COURT AND NOW, this ~ day of January, 1987, upon presentation and consideration of the Petition of the Petitioner to dismiss this action, the same is hereby dismissed and this Court's Order of January 13, 1987 vacated. SHERRI D. SHEETZ, Petitioner for herself and on behalf of her minor children: BRADLEY SHEETZ and JILL SHEETZ vs. RICHARD SHEETZ, Sr., Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 73 CIVIL 1987 PROTECTION FROM ABUSE AND CUSTODY PETITION TO DISMISS ACTION COMES NOW, the Petitioner by her attorney, Joan Carey, LEGAL SERVICES, INC., and petitions this Court to dismiss its Order of Court dated January 13, 1987, which provided for protection from abuse, and custody. The Petitioner agrees that this matter should be dismissed because the parties have amicably resolved the problems raised in the January 13, 1987, Petition for Protective Order and believes a Court Order to now be unnecessary. LEGAL SERVICES, INC. 7 North Hanover Street Carlisle, PA 17013 (717) 243-9400