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HomeMy WebLinkAbout94-00236 ~ ~ '" IA ~ € l. cV ~ \I) v E. ! ~ ~ , \ \ \ 1 /' I , -::;rJ 0- cr J ~ rrJ CO c vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ 3(0 ~ /9'1'-1 BARBARA L. MESSNER, PLAINTIFF WILLIAM C. MESSNER, III, DEFENDANT CIVIL ACTION - LAW PROTECTION FROM ABUSE ORDBR AND NOW, to wit, this -~l2t day of], n{(1I HI, 1994, / ~ . . upon consideration of the within Complaint and upon motion of DIANE G. RADCLIFF, ESQUIRE, attorney for Plaintiff, BARBARA L. MESSNER, to be held on the ) . , .-111 1111/' I LJ. j {I .M. in Courtroom No. ~ IT IS HEREBY :;nr~ day of ORDERED that a hearing is , 1994, at II, (JU o'clock ~ , Cumberland County Courthouse, Carlisle, Pennsylvania. The Defendant WILLIAM C. MESSNER, III, shall appear on that date at that time and place and preferably with counsel representing him. It is further ORDERED that in the interim time between DIANE C. RADCLIFF ATTORNEY.AT.LAW 5."8 TRISlll.t ROAn CAMP 1111.1.. PA nOli now and the time set for the above-mentioned hearing that: (1) the Defendant shall not threaten to cause, attempt to cause nor intentionally, knowingly or recklessly cause any abuse or physical contact whatsoever to the Plaintiff, nor harass or interfere with the Plaintiff in any way; and (2) the Defendant is hereby temporarily evicted and excluded from the marital residence located at 2720 1 . .d^._ ~u:AilrJIU;,-;:';. Rosegarden Boulevard, Mechanicsburg, Pennsylvania, and shall not be permitted to be present at said residence. THE DEFENDANT IS HEREBY ADVISED OF HIS RIGHT TO BE REPRESENTED BY AN ATTORNEY OF HIS OWN CHOOSING. IF THE DEFENDANT DOES NOT HAVE A LAWYER OR CANNOT AFFORD ONE HE SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE HE CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 J. iIV' DIANE C. RADCLIFF ATTORNEY.AT.LAW !U8 TRINIH.t: ROAn (:AMP 11I1.1., PA 17011 2 BARBARA L. MESSNER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW PROTECTION FROM ABUSE . . vs. WILLIAM C. MESSNER, III, DEFENDANT AND NOW, the Plaintiff, COMPLAINT UNDER PROTECTION PROM ABUSE ACT 3& f.B. 1n181 BT SEO. ;J.'O rv-.e. .s "''' 10 I this ~/tJt day Of9n/'TIJUJ4?(' 1994, comes BARBARA L. MESSNER, by her a1(torney, DIANE G. RADCLIFF, ESQUIRE, who petitions the Court under the above- captioned Act as follows: 1. The plaintiff, BARBARA L. MESSNER, is an adult individual residing at 2720 Rosegarden Boulevard, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania. 2. The Defendant, WILLIAM C. MESSNER, III, is an adult individual currently residing at 111 Clear Spring Road, Dillsburg, Pennsylvania, but who resided at 2720 Rosegarden Boulevard until January la, 1994, when he was required to leave said residence by the Upper Allen Township police due to an incident of abuse hereafter set forth. 3. The aforesaid residence of the plaintiff is owned solely by the Defendant, WILLIAM C. MESSNER, III, although DIANE C. RADCLIFF ATTORNEY.AT-LAW '448 TRINUl.E ROAn (:AMP 1111.1.. PA 17011 3 it has been the parties' marital residence throughout their entire marriage, i.e. since October 7, 19a9. 4. The Petitioner and Respondent are husband wife having been married on October 7, 19a9 at Mechanicsburg, Cumberland County, Pennsylvania. 5. The Plaintiff desires to live separate and apart from the Defendant because of the abuse perpetrated by the Defendant upon the Plaintiff. 6. The aforesaid abuse perpetrated by the Respondent consisted of at least the following: (a) On or about January la, 1994, during an argument between the parties, the Defendant punched the Plaintiff in the chest with his fist causing her chest to become red and bruised. As the result of these actions, the Plaintiff, having a reasonable fear for her safety, caused the police to be summoned who arrested the Defendant for simple assault and caused him to be removed from the marital residence. The Plaintiff then sought medical attention for her injuries with Dr. DIANE C. RADCLIFF ATTORNEY.AT.LAW !Hft TRINII",: RUAn CAMP 1111.1.. PA 17011 Sowers of the Dillsburg Health Center. (b) In the early winter of 1992 during an argument between the parties, the Defendant violently grabbed the Plaintiff by her arms and 4 shoulders and slammed her against the upstairs hall closet doors causing injury to her back and arms causing her to be required to seek medical attention for the same with Dr. Musser of the Dillsburg Health Center. This type of contact had been done by the Defendant on at least one prior occasion. (c) In March 1993 after the Plaintiff's son moved from the marital residence, the Defendant spit in the Plaintiff's face and called her vulgar names. (d) On at least two occassions the Defendant pushed and shoved the plaintiff, yelled at her in an unreasonably loud tone and calling her vulgar names. (e) On two separate occassions the Defendant displayed his violent temper by destroying items of personalty in front of the Plaintiff, including a french fryer and lawnmower, causing her to have a reasonable fear for her safety due to his violent behavior. DIANE C. RADCLIFF ATTORNEY,AT.LAW !"" TRtNUI.I: ROAn (:AMP 11I1.1., PA 1'1011 7. As a result of the aforesaid actions of the Defendant, the Plaintiff has a reasonable fear for her 5 ~,,,,,~';,;.,, , safety and needs the protection of the Court under the above-captioned Act. a. The plaintiff has no where else to live other than her current residence located at 2720 Rosegarden Boulevard, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania, and desires that she be awarded exclusive possession of said residence and that the Defendant be evicted and excluded therefrom. 9. The plaintiff is employed at Dickinson College, Carlisle, Pennsylvania, as a mail handler having an annual gross income of approximately. $13,000.00, with a net bi- weekly income of $401.00 with a net monthly income of $a6a.00. 10. The Defendant is employed at GTE in York, Pennsylvania, as a service coordinator with an annual gross DIANE C. RADCLIFF ATTORNEY-AT. LAW ',U8 TRISnl.l: ROAll CAMP 11I1.1.. PA 17011 income of approximately $46,000.00, with an approximate net bi-weekly income of $1,337.23 and an approximate net monthly income of $2,a95.l0. 11. The Plaintiff is unable to support herself in accordance with the standard of living established during the marriage and needs the Defendant to support her. 12. Under the support guidelines a support order in the amount of $a11.00 per month would be appropriate. 6 13. The Plaintiff has or will be shortly filing a Domestic Relations support action, but requires that a temporary support order be entered in this action as any conference held on her support action will not be held for at least three to four weeks. 14. The Plaintiff has or will incur substantial attorney fees and costs in bringing this action which is estimated will be $500.00 in attorney fees and $100.00 in filing and service fees. 15. The Plaintiff requests that the Defendant be ordered to pay her fees and costs and represents that the Defendant has the financial ability to pay for the same. WHEREFORE, Plaintiff respectfully this requests Honorable Court to enter an order: (a) Immediately and temporarily pending the hearing, and permanently thereafter prohibiting the threatening cause, Defendant from to attempting to cause, or knowingly, intentionally, or recklessly causing any abuse whatsoever to the Plaintiff; DIANE C. RADCLIFF ATTORNEY-AT-I.AW SU8 TRINULl: ROAn CAMP 11I1.1., PA 17011 (b) Immediately and temporarily pending the hearing, and permanently thereafter prohibiting the Respondent from coming to the Petitioner's residence or place of employment and excluding the 7 (c) awarding the Plaintiff temporary support in the amount of $al1.00 per month pending the Defendant from said residence and place of employment; outcome of her Domestic Relations support action; (d) awarding the plaintiff her attorney fees and costs; and (e) for such other and further relief as may be equitable and just and as permitted by the above-captioned act. Respectfully submitted, DIANE C. RADCLIFF ATTORNF.\'-AT-LAW :Ufll TRINIll.f. ROAn CA:\II' 11I1.1.. PA 17011 a VERIFICATION BARBARA L. MESSNER verifies the that statements made in this Complaint are true and correct. BARBARA L. MESSNER false understands that statements herein are made subject to the penalties of la Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DIANE C. RADCLIFF ATTORNEY.AT-LAW 3HlI TRINnLE ROAn CAMP lULL. PA 17011 ~ -:- ?>> .::r::- ....':,. !S (7') .::t-S . .~ ~~~ ';;:; , <::.... ~: ~ DLAe. .:::r- ( . ;- ~ L.. I.., ,~ \..0 I" r- _ .::r ~J "4 ';'jJ ::- '" :z, ~ ~~]~ ~!(:1l~ .~~::i t!l ~ I- :E ~~~J , -. . - JA.. ,. )94 '. , . BARBARA 1.. MESSNER, Plaintiff rEB 'l 10 17 ~H '9~ IN THE COU~T OF co~6N.~ OF CUMBERLANOI.CO.UNTY rPE~SYLVANIA I t.,' 1-0 vs. CIVIL ACfION. LAW 236 CIVIL 1994 PROTECfION FROM ABUSE WIU.IAM C. MESSNER, lIl, Dcfcndant ORDER AND NOW, this 27th day of January, 1994, by agrccmcnt of thc partics, it is ordcrcd and dircctcd that: 1. The defendant shall notthrcaten to cause, allcmptto causc, nor intcntionally, knowingly or rccklessly cause any abuse or physical contact whatsocver to the plaintiff, nor to harass or interferc with the plaintiff in any way. providcd, howcvcr, tclcphonc contact between thc parties shall not be detcrmined to bc a violation of their agrecmcnt. 2. Thc plaintiff shall bc cntitlcd to cxclusivc posscssion of thc marital rcsidcnce locatcd at 2720 Rosegarden Boulcvard, Mcchanicsburg, Pcnnsylvania. for a period of thrce months. 3. Thc dcfcndant shall continuc to pay thc mortgagc and taxcs with respect to thc marital rcsidcnce and such furthcr support for thc plaintiff as may be dctcrmincd by counscl, and if they arc not so ablc to dctcrminc, by thc Domcstic Rclations Office pursuant to a support action that has becn prcviously institutcd by thc plaintiff. 4. Thcrc arc no admissions by thc dcfcndant as to thc allcgations set forth in the protcction from abusc petition. Any ordcr cntcrcd pursuant to this agrccmcnt shall not prejudice the dcfcndant to contcst those allcgations in any futurc procecding. S. Thc plaintiff agrccs to forward all mail and othcr important documcnts to thc dcfcndant upon her rcceipt. 6. The dcfcndant shall bc cntitlcd to rcturn to thc marital rcsidcnce on today's datc so as .- . to enable him to retrieve his e10thes and personal belongings necessary this three-month exclusionary time period. 7. The proteetive order shall remain in effeet for a period of onc year. Thc appropriate munieipal police dcpartmcnt will be providcd with a copy of this ordcr by the attorney for the petition, whieh dcpartmcnt may cnforce this ordcr by arrest for indirect criminal contempt without warrant upon probablc cause that this order has been violated, whether or not the violation has been committcd in thc prescnce 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 justice who shall set bail aecording to the provisions of Chapter 4000 of the Pennsylvania Rulcs of Criminal Procedure. BY TIlE COURT, Diana G. Radeliff, Esquire . ./;J. ,/./ For the Plaintiff Cbpt) flitu.uf.- r-- "P'f!. Charles Rector, Esquire For the Defendant lCJ~ piw ~ (it 4)~ :rlm ~~. 4- d- K7 Hess, J. / BARBARA L. MESSNER, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 236 CIVIL 1994 . . WILLIAM C. MESSNER, III, DEFENDANT CIVIL ACTION - LAW PROTECTION FROM ABUSE ORDER OP COURT AND NOW, this IS'" day of March, 1994, upon consideration of the within Stipulation, IT IS HEREBY ORDERED THAT: 1. Commencing with the date of the attached Stipulation, being March 11, 1994, the Defendant, William C. Messner, III, shall have the right of possession of the marital residence located at 2720 Rosegarden Boulevard, Mechanicsburg, Pennsylvania, to be exercised jointly with the Plaintiff, Barbara L. Messner, and the Plaintiff's, Barbara L. Messner's, right of exclusive occupancy set forth in the Protection from Abuse Order dated January 27, 1994 shall terminate as of said date. 2. Except as set forth above, in all other respects this Court's Protection from Abuse Order dated January 27, 1994 shall remain in full force and effect. DIANE C. RADCLIFF ATTORNEY-AT.LAW HI8 TRINnl.E ROAn {'.AMP 1111.1.. PA 17011 ., BY THE COURT: , / ~6, I'" ('~ '1'/1"~~ /I /I- /\ J. 1/ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 236 CIVIL 1994 BARBARA L. MESSNER, PLAINTIFF WILLIAM C. MESSNER, III, DEFENDANT CIVIL ACTION - LAW PROTECTION FROM ABUSE STIPULATION AND NOW, this 11th day of March, 1994, come the parties and stipulate and agree as follows: 1. Commencing with the date of this Stipulation, being March 11, 1994, the Defendant, William C. Messner, III, shall have the right of possession of the marital residence located at 2720 Rosegarden Boulevard, Mechanicsburg, Pennsylvania, to be exercised jointly with the Plaintiff, Barbara L. Messner, and the Plaintiff's, Barbara L. Messner's, right of exclusive occupancy set forth in the Protection from Abuse Order dated January 27, 1994 shall terminate as of said date. 2. In all other respects the Court's Protection from Abuse Order dated January 27, 1994 shall remain in full force and effect. 3. The parties authorize that the terms of this Stipulation shall be entered as an order of court modifying the Court's aforesaid January 27, 1994 Order of Court. DIANE C, RADCLIFF ATTORNE\'-AT-I.AW SUI TRINIU.f. ROAU (".AMP 11I1.1., PA 17011 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year aforesaid written. IQ ~ 8/-- .Y \ ~lh'IMt:0e""PA) , ~ B BARA L. MESSNER W;)J~ C .~~ 1:\4" WILLIAM C. ESSNER,) III WITNESS: DIANE C, RA()CLlFF ATTORNEY.AT.LAW '44R TRISUI.t ROAn CAMP 11I1.1.. PA 17011 3