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HomeMy WebLinkAbout87-0093IN THE COURT OF COMMON PLEAE CUMBERLAND COUNTY, PENNSYL- VANIA KATHLEEN L. HEIERBACHER, Petitioner Ve FRANK J. HEIERBACHER, Respondent PRELIMINARY ORDER OF COURT WALLET & CHRISTIANSON Attorneys at Law Suite 405, 890 Poplar Church Road Camp Hill, Pennsylvania 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN L. HEIERBACHER, : Petitioner : v. : No. ~- : FRANK J. HEIERBACHER, : Respondent : AND NOW, consideration of PRELIMINARY ORDER OF COURT this /~~ day o~C~/~//e~ar~i 1987, after the within Petition or after ng in open Court, it is hereby ORDERED, ADJUDGED, AND DECREED as follows:  ent shall immediately vacate the residence at 226 llth Street, New-~berland, Cumberland County, Penns~lv~a~nia, pending a final hearing ~P°ssessi°n of the 226 llth Street~premiso~_ _.~~e~ ~_r exclusive occupancy fo~lf and her minor children. Responde~~ n~ ~riv~lege to occupy or be present on the premi~pe~ng a final hearing. at, entering, re-entering~'-crf~~O~--- Pet itioner, namely,~, _New ~u~T-a~,~C~_~e~r land ~~~i ~n~gplaa~n~fl ~kri~-wherever sh~ 3. Respondent is preliminarily enjoined from coming within striking distance of Petitioner pending a final hearing. 4. Respondent is preliminarily enjoined from threatening or harassing Petitioner in any manner pending a final hearing. 5. The final hearing is to be held on this Petition, as follows: Place:~.~..x~a~_e_~,~ 6. This Order shall be enforced by the New Cumberland Police Department and a copy of same shall be given to the shift commander at the said police station. 7. If the Respondent violates this Order, he is to be arrested on the charge of indirect criminal contempt. An arrest for violation 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 officer. 8. If the Respondent is placed under arrest for violation of this Order, he should be taken before this Court. If this Court is unavailable, the Respondent shall be arraigned before a District Magistrate. BY TIE COURT:__~ -~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL- VANIA KATHLEEN L. HEIERBACHER, Petitioner Ve FRANK J. HEIERBACHER, Respondent PETITION FOR RELIEF UNDER PROTECTION FROM ABUSE ACT WALLET & CHRISTIANSON Attorneys at Law Suite 40i 890 Poplar Church Road Camp Hill, Pennsylvania 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN L. HEIERBACHER, Petitioner v. FRANK J. HEIERBACHER, Respondent No. ~ PETITION FOR RELIEF UNDER PROTECTION FROM ABUSE ACT TO THE HONORABLE, THE JUDGES OF THE COURT: AND NOW, comes the Petitioner, Kathleen L. Heierbacher, by her attorney, Debra K. Wallet, and requests protection from abuse from Frank j. Heierbacher, on behalf of herself and her minor children, and avers as follows: 1. Petitioner is an adult residing at 226 llth Street, New Cumberland, Cumberland County, Pennsylvania, but temporarily residing at the home of her brother. 2. Respondent, Frank j. Heierbacher, is an adult person with whom petitioner was living as a spouse and who currently resides at 226 llth Street, New Cumberland, Cumberland County, Pennsylvania. 3. Petitioner and Respondent have lived together as spouses for over eighteen (18) years, having been married on June 23, 1968. 4. A Complaint in Divorce was filed by Kathleen L. Heierbacher on August 29, 1986 and was docketed in this Court to No. 2514 Civil 1986. 5. Petitioner and Respondent have two minor children, namely, Kelly M. Heierbacher, age 17, and Sandra M. Heierbacher, age 14. 6. The Respondent has abused, as defined in Section 2 of the Protection From Abuse Act, the Petitioner as follows: a. On September 26, 1986, while Petitioner was at the Marriott Hotel in Harrisburg, Pennsylvania, Respondent approached Petitioner using profane and abusive language in a voice loud enough to be heard by other, unknown patrons of the establishment. In a loud voice, Respondent said to Petitioner: "I'm going to kill you." b. Later the same evening, at the marital home, Respondent continued the profane and abusive language. Respondent took off his belt, doubled it, and hit Petitioner across her chest and back several times. Twice he pushed her onto the couch, injuring Petitioner's back. Respondent renewed his threats to kill her and used the belt, doubled, around her neck in a strangle- hold. Petitioner later sought treatment at Holy Spirit Hospital for the injuries received in this incident. c. On Sunday, November 16, 1986, Respondent and Petitioner engaged in a verbal dispute regarding the profanity used against Petitioner. Respondent hit Petitioner repeatedly and began to hold her down. The couple's fourteen year old daughter intervened and told her father to get off her mother. Respondent did so but stated to the minor child: "I wish your mother would commit suicide instead of just talking about it." d. On January 4, 1987, the Petitioner was exiting the Sheraton West in New Cumberland, Pennsylvania with a companion when Respondent approached Petitioner and verbally abused her and the companion. During the confrontation, Respondent went to his vehicle, retrieved a loaded handgun, and approached Petitioner and the companion. During the scuffle which ensued, a shot was fired and Respondent was subsequently charged with reckless endangerment and assault. It is believed by Petitioner that a hearing on these criminal charges had been set for January 20, 1987. On the advice of the police, Petitioner left the marital house and has not resided there since this incident. 7. The Petitioner is in fear of imminent bodily harm as to her person, particularly because she knows that Respondent owns firearms and, as a result of the January 4, 1987 incident, he apparently carries them with him. 8. Petitioner is in fear of returning to the marital home and has found temporary shelter with her brother until such time as relief is granted pursuant to this Petition. 9. Petitioner reasonably believes that if Respondent is excluded from the marital home, he will cease contributing to the support of herself and her two minor children. WHEREFORE, the Petitioner requests that this Honorable Court enter a Protection From Abuse Order, ordering the Respondent to: A. Vacate the premises at 226 llth Street, New Cumberland, Cumberland County, Pennsylvania for a period not to exceed one (1) year. B. Cease and desist attempts to contact or visit Petitioner and refrain from coming within striking distance of Petitioner pending a final hearing and then for a period of time not to exceed one year; C. Cease and desist threatening, harassing or verbally abusing Petitioner in any manner pending a final hearing and then for a period of time not to exceed one year; D. Agree and abide by any other orders or relief that the Court may deem just and necessary. Petitioner further requests that the Court enter a temporary support order. Respectfully submitted, Debra K. Wallet WALLET & CHRISTIANSON Suite 405, 890 Poplar Church Road Camp Hill, PA 17011 (717) 737-1300 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN L. HEIERBACHER, Plaintiff FRANK J. HEIERBACHER, Defendant No. VERIFICATION I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: January 14, 1987 Kathleen L. Heierbacher IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA NO. 93 Civil, 1987 KATHLEEN L. HEIERBACHER, Petitioner VS. FRANK J. HEIERBACHER, Re spondent STIPULATION AND ORDER PLEAS KATHLEEN L. HEIERBACHER, Petitioner VS. FRANK J. HEIERBACHER, Re spon den t COURT ORDER IN THE COURT OF CO~ON PLEAS C~{BERLAND COUNTY, PENNSYLVANIA ~0. 93 Civil, 1987 AND NOW, this 2 !~ day of January, 1987, uoon presentation and consideration of the within Stipulation of the Parties, it is hereby Ordered that the Respondent, Frank J. Heierbacher, shall vacate the premises at 226 llth Street, New Cumberland, Pennsylvania on Wednesday, January 21, 1987 by the Noon hour, and shall not re-enter the premises except in connection with reasonable visitation with his children. This Order shall be effective for six months and the Petitioner shall have the right upon reasonble basis to request an extensio~ of an additional six months upon reasonable cause show~. The Respondent shall not harrass, threaten, assault, molest, or in any way unreasonably bother his wife, the Petitioner, and shall not come in contact with the Petitioner and shall refrain from being within striking distance of her. If the Respondent violates this Order, he is to be arrested on the charge of indirect criminal contempt. An arrest for vio- lation 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 officer. If the Respondent is placed under arrest for violation of this Order, he should be taken before this Court. If this Court is unavailable, t~e Respondent shall be arraigned before a District Magistrate. BY TIlE COURT: KATHLEEN L. HEIERBACHER, Petitioner VS. FRANK J. HEIERBACHER, Respondent IN THE COURT OF COMMON PLEAS CUMBERLA~D COUNTY, PENNSYLVANIA NO. 93 Civil, 1987 STIPULATION OF THE PARTIES A~D NOW, t~is ' ~ --' day of January, 1987, comes the above named parties and their counsel, having been advised by their counsel, do hereby agree and stio,alate as follows: 1. It is hereby agreed that the Respondemt, Frank J. Heierbacher, small vacate the premises at 226 llth Street, New Cumberland Pennsylvania 'by Wednesday, January 21, 1987 at the Noon hour. 2. The Respondent shall not re-enter the premises except in connection with reasonable visitation with his children. 3. This Order shall be effective for six months and the Petitioner shall have the right upon reasonable basis to request your Honor- able Court to extend said Order for an additional six months upon reasonable cause sho~. 4. If the Respondent violates this Order, he is to be arrested on the charge of indirect criminal contempt. An arrest 'for viola- tion 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 officer. 5. If the Resoondent is placed under arrest for violation Of this Order, he should be taken before this Court. If this Court is unavailable, the Resoondent shall be arraigned before a District Magistrate. 6. The parties hereby agree that the Respondent shall not harrass, threaten, assault, molest, or in any way unreasonably bother his wife, the Petitioner, and shall not come in contact with your Petitioner and shall refrain from beinz within striking distance of her. 7. By executing this agreed Stipulation, the Respondent neither admits or denies the allegations in the application pending before your Honorable Court. Sizned the day and year first above written, the oarties have signed their hands and seals. rtnu~ K. ~z s, Esquire -De r a-~. W~f~-~i --E s quire -dent