HomeMy WebLinkAbout94-00998
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PATRICIA A, PUTNEY,
for herself and on
behalf of her minor
children,
ROBERT ALLEN PUTNEY and
JESSICA LYNN PUTNEY and :
ANDREW DAVID PUTNEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
.
: CML ACTION - LAW
: PROTECTION FROM ABUSE
: NO.~qgCML 1994
BRIAN D, PUTNEY
Defendant
TEMPORARY PROTECTIVE ORDER
AND NOW, this ~y of n-\uuEJ , 1994, upon presentation and
consideration of the within Petition, and upon finding that the plaintiff, PATRICIA A.
PUTNEY, now residing at 101 Dawn Drive, Carlisle, Cumberland County,
Pennsylvania, 170l3, is in immediate and present danger of abuse from the defendant,
BRIAN D. PUTNEY, the following Temporary Order is entered.
The defendant, Brian D. Putney, now residing at 6 Glen Field Drive,
Mechanicsburg, Cumberland County, Pennsylvania, l7055, is hereby el\ioined from
phyaically abusing the plaintiff, Patricia A. Putney, or placing her in fear of abuse.
The defendant is ordered to stay away from the plaintiff's marital residence
located at 10l Dawn Drive, Carlisle, Cumberland County, Pennsylvania, a residence
which isjointIy owned by the parties, as is the lease for lot rent where the plaintiff and
the minor children live.
The deCendant is hereby notified that if he resides in the plaintitrs domicile
contrary to this Order, he may be in indirect criminal contempt which is punishable
by a fine not to exceed $l,OOO,OO and/or by a sentence oC up to six months in jail and
any other appropriate punishment. Resumption oC co-residence on the part oC the
plaintiff and deCendant shall not nullify the provisions oCthe court order directing the
deCendant to reCrain Crom abusing the plaintiff.
The deCendant is ordered to reCrain Crom having any direct or indirect contact
with the plaintiff, other than occasional telephone conversations or brieC discussions
regarding the children, at times the children are exchanged Cor visitation,
The deCendant is eIijoined Crom harassing and stalking the plaintiff and Crom
harassing the plaintitrs Camily.
The deCendant is eIijoined Crom removing, damaging, destroying or selling any
property owned jointly by the parties or solely by the plaintiff, including the 1989
Astro van, currently in the possession oC plaintiff.
Temporary custody oC Robert Allen Putney, Jessica Lynn Putney, and Andrew
David Putney, is hereby awarded to the plaintiff.
This Order shall remain in effect until a final order is entered in this case. A
7" 1
hearing shall be held on this matter on the J.Q:. day oC Al iliA .t../ ,1994, at
?:30rm., in Courtroom N00 , Cumberland County Courthouse, Carlisle,
Pennsylvania.
The plaintiff may proceed in forma DauDeris pending a Curther order after the
hearing,
The Cumberland County Sheriff's Department shall attempt to make service at
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the plaintiff's request, but service may be accomplished under any applicable rule oC
Civil Procedure.
The Pennsylvania State Police and the North Middleton Police Departments
shall be provided with a copy ofthis Order by the plaintiff's attorney. This Order shall
be enforced by any law enforcement agency where a violation occurs by arrest Cor
indirect criminal contempt without warrant upon probable cause that this Order has
been violated, whether or not the violation is committed in the presence oC the police
officer. In the event that an arrest is made under this section, the deCendant shall be
taken without unnecessary delay beCore the court that issued the order. When that
court is unavailable, the deCendant shall be taken beCore the appropriate district
justice. (28 P.S. ~ 6118),
Judge
PATRICIA A. PUTNEY, : IN THE COURT OF COMMON PLEAS OF
for herself and on
behalf of her minor
children,
ROBERT ALLEN PUTNEY and
JESSICA LYNN PUTNEY and:
ANDREW DAVID PUTNEY, .
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs,
,
.
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
: NO. CIVIL 1994
BRIAN D, PUTNEY
Defendant
INSTRUCTIONS TO THE DEFENDANT
As you know, the plaintiff has med a legal action against you under the
Protection From Abuse Act and has obtained Temporary Protective Order. The
plaintiff is prepared to have a hearing held in order to obtain a Final Protective Order
effective for one (1) year.
As an alternative, you may consent to the entry of the final Protective Order to
be in effect for one year, If you are willing to consent you should call JACOBSEN &
MILKES, (717) 249-6427, and ask to speak to the attorney handling the case about a
Consent Agreement.
The Consent Agreement should be prepared before the time scheduled for the
hearing so the Court will know ahead of time that the case will not be contested, In
most cases, regardless of whether a settlement by Consent Agreement has been
reached, the parties must appear in court at the time scheduled for hearing. If the
case is uncontested, the court appearance will be brief. The judge will make sure the
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parties understand the Consent Agreement and Final Protective Order, If you do not
agree to the entry of the final Protective Order, a contested hearing will take place at
the scheduled time, When a Final Protective Order is entered, it will be sent or given
to you, the plaintiff, and the appropriate police departments. If you fail to abide by
the terms of the Final Protective Order you will be subject to immediate arrest, and
a fme of up to $l,OOO.OO and/or a jail sentence of up to six months and other relief.
You have the right to be represented in this matter. You should take the legal
papers that have already been served on you to your lawyer immediately, If you do
not know of an attorney or cannot atl'ord one, you may contact.
Court Administrator, 4th Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
PATRICIA A. PUTNEY, : IN THE COURT OF COMMON PLEAS OF
for herself and on
behalf of her minor
children,
ROBERT ALLEN PUTNEY and
JESSICA LYNN PUTNEY and :
ANDREW DAVID PUTNEY,
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VB.
BRIAN D. PUTNEY
Defendant
: CMLACTION - LAW
: PROTECTION FROM ABUSE
: NO. CML 1994
NOTICE
You have been sued in court. It 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 attorney 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 plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKB THIS PAPER '1'0 YOUR LAWmR AT ONCE. IF YOU DO RO'l' DAVE A
LAWmR OR CAllHOT AFFOlID ORB, GO '1'0 OR 'l'BLBPBORB TBB OFFICE SET FORTH BELOW '1'0
FIBD 0lJT WIIBRB YOU CAB GET LEGAL HELP.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER, (717) 240-6200
PATRICIA A, PUTNEY, : IN THE COURT OF COMMON PLEAS OF
for herself and on
behalf of her minor
children,
ROBERT ALLEN PUTNEY and
JESSICA LYNN PUTNEY and :
ANDREW DAVID PUTNEY,
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
BRIAN D. PUTNEY
Defendant
: CML ACTION - LAW
: PROTECTION FROM ABUSE
: NO. CML 1994
PETITION FOR PROTECTIVE ORDER
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 28 P.S. Ii 6101 et seq.
A. ABUSE
1, The plaintiff is an adult individual whose permanent address is 101
Dawn Drive, Carlisle, Cumberland County, Pennsylvania, 170l3.
2. The defendant is an adult individual residing at 6 Glen Field Drive,
Mechanicsburg, Cumberland County, Pennsylvania, l7055.
3, The defendant is the husband of the Plaintiff.
4, Since approximately 1984, the defendant has attempted to cause and has
intentionally, knowingly, or recklessly caused bodily iJ\iury and has by physical
menace placed the plaintiff in fear of serious imminent bodily iJ\iury, This has
included but is not limited to the following specific instances of abuse:
a. On February 26, 1994, after the separation of the parties, the
defendant came to plaintilrs residence to pick up the children for visitation.
Despite plaintilrs request that he not discuss other iB8ues. that this be done
through her attorney, the defendant entered various rOODlB within the residence in
attempting to accumulate various iteDlB of personal property, While there, the
defendant struck plaintiff numerous times, either with a closed fist or with the ball
of his hand, to the extent that the plaintiff was knocked to the ground of the home.
The plaintiff suffered substantial pain as a result, including pain to her back, neck,
and right side of her jaw. The plaintiff was treated at the Carlisle Hospital
Emergency Room as a result of this incident.
b. Throughout the course of the marriage, on a periodic basis, the
defendant has struck, slapped, and shoved the plaintiff on numerous occasions,
TheBe incidents have caused the plaintiff to become bruised and have caUBed her to
be in fear of further incidents of this sort.
c. Due to the current separation of the parties, based on the
defendant having moved from the residence on February 13, 1994, and based upon
the above described incidents, the plaintiff remains in fear of further irijury from
the defendant and is in need of protection against further abuse.
5. On February 13, 1994, the defendant len the marital residence at 101
Dawn Drive, Carlisle, County of Cumberland, Pennsylvania, 170l3, in order to
move into his parent's residence at 6 Glen Field Drive, Mechanicsburg, County of
Cumberland, Pennsylvania, 17055.
6. The plaintiff believes and therefore avers that she is in immediate and
present danger of abuse from the defendant should he return to the home and she
is in need oC exclusion oC the deCendant Crom the lOI Dawn Drive, Carlisle, County
oC Cumberland, Pennsylvania, 17013 residence, and is in need oC protection Crom
such abuse.
7. The plaintiff desires that any visitation exercised by deCendant with the
minor children take place outside oC the lOl Dawn Drive, Carlisle, County oC
Cumberland, Pennsylvania, 17013 residence and that the deCendant not be admitted
to this residence for any purpose.
S, The plaintiff desires that the deCendant be elijoined from harassing and
stalking the plaintiff, and Crom harassing the plaintitrs Camily.
9, The plaintiff desires that the deCendant be elijoined from removing,
dAmllging, destroying or selling any property owned jointly by the parties or solely
by the plaintiff, including the 19S9 Astro Van, which is presently in the possession
oC the plaintiff (the deCendant having possession oC the Ford truck).
B. EXCLUSIVE POSSESSION
lO. The mobile home Crom which the plaintiff is asking the Court to exclude
the deCendant is owned in the names oC plaintiff and deCendant, as is the lease for
lot rent.
11, The plaintiff currently has no place to stay with her children except the
marital home, and the deCendant has Camily in the area with whom he is already
residing, and with whom he has resided since February l3, 1994 when he
voluntarily removed himself Crom the marital residence.
12, The plaintiff desires possession oC the mobile home so as to give the
greatest degree oC continuity to the lives oC her children and to allow them to
continue their education at their schools and to continue their school and social
activities.
C. SUPPORT
13, The defendant has a duty to support the plaintiff and their minor
children,
14. The defendant is employed at Putney's Sunoco Service, 417 East Main
Street, Mechanicsburg, County of Cumberland, Pennsylvania, 17055, and has
annual salary of approximately $25,000.00.
15. The plaintiff currently has no income, other than support from the
defendant, which the defendant has threatened to discontinue. Plaintiff'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 at the Domestic Relations Office.
16. The plaintiff has already med a petition for support with the Domestic
Relations Office.
D. LOSSES
17. The plaintiff has suffered losses as a result of the abuse by the
defendant in that she has incurred medical expenses and she seeks reimbursement
for these expenses.
18. The plaintiff asks for attorney's fees for her representation by Samuel
W. Milkes, JACOBSEN & MILKES, and payment for filing and service fees of this
lawsuit pursuant to the Protection from Abuse Act.
E. STATUS TO PROCEED IN FORMA PAUPERIS
19, The plaintiff is unemployed by the agreement of the parties, and
therefore has no income, She currently cares for the three (3) minor children of
the parties, aged 5, 6, and 9,
20, The plaintiff does not have funds available to pay the fees for filing and
service of this lawsuit,
F. TEMPORARY CUSTODY
21, The plaintiff seeks temporary custody of the following children:
NAme Present Residence
Aa
Robert Allen Putney 101 Dawn Drive, Carlisle, PA
Jessica Lynn Putney lOl Dawn Drive, Carlisle, PA
Andrew David Putney 101 Dawn Drive, Carlisle, PA
22. The children were not born out of wedlock.
9 DOB 2128/85
6 DOB 10/5/87
5 DOB 2119/89
The children are presently in the custody of the plaintiff, Patricia A. Putney,
who resides at 101 Dawn Drive, Carlisle, County of Cumberland, Pennsylvania,
l7013,
During the past five years the children have resided with the following
persons and at the following addresses:
Name
Addresses
Dates
Patricia Putney and
Brian D. Putney
lOl Dawn Drive
Carlisle, PA 17013
The mother of the children is Patricia A. Putney, currently residing at 101
Dawn Drive, Carlisle, County of Cumberland, Pennsylvania, 17013.
She is married.
The father of the children is Brian D, Putney, currently residing at 6 Glen
Field Drive, Mechanicsburg, Cumberland County, PennsylVania, 17055.
.-
He is married.
The plaintiff currently resides with the following persons:
Name
Relationship
Robert Allen Putney
Jessica Lynn Putney
Andrew David Putney
Son
Daughter
Son
28. The plaintiff has not previously participated in any litigation concerning
custody of the above mentioned children in this or any other Court,
24. The plaintiff has no knowledge of any custody proceedings concerning
these children pending before a court in this or any other jurisdiction,
25. The plaintiff 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.
26, The best interests and permanent welfare of the children will be met if
custody is temporarily granted to the plaintiff pending a hearing in this matter
because
a. The plaintiff is a fit parent who can best take care of the
children,
b. The defendant has shown by his abuse of the plaintiff that he is
not an appropriate role model for the children.
c. For the lives of the children, the plaintiff has been the primary
caretaker of the children and the defendant has desired that this be the
arrangement.
d. The defendant has been unable to care for the children on his
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own for any more than very brief periods of time and the defendant now resides at
a location that does not provide for adequate physical needs of the children.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act"
of October 7, 1976, 23 P.B. ~ 610l et sea., as amended, the plaintiff prays this
Honorable Court to grant the following relief:
A, Grant a Temporary Order pursuant to the "Protection from Abuse
Act:"
l, Ordering the defendant to refrain from abusing the .
plaintiff or placing you in fear of abuse;
2, Ordering the defendant to refrain from having any contact with
the plaintiff, other than by occasional telephone conversations or brief
discussions regarding the children, at any times the children are
exchanged for visitation;
3, Ordering the defendant to refrain from harassing and stalking
the plaintiff and from harassing the plaintiff's family;
4, Prohibiting the defendant from removing, damaging, destroying
or selling property jointly owned by the parties or solely by the
plaintiff, including the 1989 Astro van, which is presently in the
possession of plaintiff;
5. Granting possession of the plaintiff's marital mobile home
located at lOl Dawn Drive, Carlisle, Cumberland County,
Pennsylvania, l70l3, to the plaintiff to the exclusion of the defendant,
directing the defendant to stay away from said residence pending a
final order in this matter;
6, Ordering the defendant to stay away from any residence the
plaintiff may in the future establish for herself;
7, Granting temporary custody of the minor children to the
plaintiffj and that it
8. 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, Ordering the defendant to refrain from abusing the
plaintiff or placing her in fear of abusej
2, Ordering the defendant to refrain from having any
contact with the plaintiff, other than by occasional telephone
conversations or brief discuseions regarding the children, at any
times the children are exchanged for visitationj
8. Ordering the defendant to refrain from harassing and
stalking the plaintiff and from harassing the plaintitrs family;
4, Prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the parties or
solely by the plaintiff, including the 1989 Astro van, which is
currently in the possession of plaintiff;
5, Ordering the defendant to stay away from any residence
the plaintiff may in the future establish for herselfj
6, Granting temporary custody of the minor children to the
plaintiffj
7, Ordering the defendant to stay away from any residence
the plaintiff may in the future establish for herself;
8. Granting support to the plaintiff and her minor children
in the amount of $525.00 per week, payable to the plaintiff in
the form of a check or money order, mailed to her residencej
9, Ordering the defendant to reimburse the plaintiJrs out-
of-pocket losses suffered as a result of the abusej and
10. Ordering the defendant to pay all costs of filing and
service of this lawsuit and attorney's fees to JACOBSEN &
MILKES,
The plaintiff further asks that this Petition be filed and served without
payment of costs, pending a further order at the hearing, and that certified copies
of this Petition and Order be delivered to the Pennsylvania State Police and the
Police Departments with jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and proper.
COUNT n
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
27. The allegations of Count I above are incorporated herein as if fully set
forth.
28. The best interest and permanent welfare of the children will be served
by confirming custody in the plaintiff as set forth in Paragraph 26 of the Petition.
WHEREFORE, pursuant to 23 P.S. !l 5301 ~ sea., and other applicable
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rules and law, the plaintiff prays this Honorable Court to award custody of the
minor children to her.
The plaintiff prays for such other relief as may be just and proper,
Respectfully submitted,
x~~ ~~
Samuel W. Milkes
JACOBSEN & MILKES
36 S, Pitt Street
Carlime,PA 17013
Attorney for Plaintiff
(717) 249.6427
p-,...""...._.."."':,.,.-'l>'",,,,_
I hereby verify that the statements made in the foregoing are true and correct, I
understand that false statements herein are made subject to the penalties of 18 Pa,C.S,
Section 4904, relating to unsworn falsification to authorities,
Dated: .2/';U/9..,1
>4ZkeUt- ~-
PATRICIA A, PUfNEY
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SHERIFF'S RETURN
CCM1ONWEAL'Il1 OF PENNSYLVANIA,
COUNI'Y OF ClMBERLIIND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 998 Civil Term 1994
Temporary Protective Order
Patricia A. Putney, for herself
and on behalf of her minor children
Robert ALlen Putney, Jessica Lyon Putney
and Andrew D~d Putney
VS
Brian D. Putney
Harry KinQ
, ~R~~X Deputy Sheriff of
Cunberland County, Pennsylvania, who being duly swom according to law, says,
that he served the within
Temporary Protective Order
, the defendant, at
4:45
0' clock
upon Brian D. Putney
P.M. EST / Dll'R, on the
01
day of March
, I9Jl4.at
417 East Main St., MechanicsburQ (Putnev's Sunocol
Pennsylvania, by handing to Brian D. putnev
Cumberland County,
a true and attested copy of the
Temporary Protective Order
and at the same time directing
his
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs,
Docketing
Service
Affidavit
Surcharge
14.00
5.60
~~~
2.00
21.60
R. Thanas Kline, Sheriff
W 1-'17i'tZ
Depu her
"~~/
Swom und subscribed to before me
this q !f-
day of Jlt....,/~
19 fi'l A,D.
O.~'" 0. In.,ij!,~ I...V.l."t
1 J ' +-
Prothonotary
f~-~ "':~"":':""'....
PATRICIA A. PUTNEY,
for herself and on
behalf of her minor
children,
ROBERT ALLEN PUTNEY and
JESSICA LYNN PUTNEY and
ANDREW DAVID PUTNEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
,
,
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
,
,
: CML ACTION. LAW
: PROTECTION FROM ABUSE
: NO. 998 CML 1994
BRIAN D, PUTNEY
Defendant
ORDER OF COURT
fv\
AND NOW, this ~ day of March, 1994, upon presentation and
consideration of the Stipulation of the Parties, the following is hereby ORDERED and
DECREED:
1. The Defendant, Brian D. Putney, now residing at 6 Glen Field Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055, is hereby eIijoined from
physically abusing the Plaintiff, Patricia A. Putney, or placing her in fear of abuse.
2. The Defendant is ordered to stay away from the marital residence
located at 101 Dawn Drive, Carlisle, Cumberland County, Pennsylvania, a residence
which is jointly owned by the parties, whose lot is jointly leased, and which is where
the Plaintiff and the minor children live,
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3. The Defendant is hereby notified that if he resides in the Plaintiff's
domicile contrary to this Order, he may be in indirect criminal contempt which is
punishable by a fine not to exceed $l,OOO,OO and/or by a sentence of up to six months
in jail and any other appropriate punishment. Resumption of co-residence on the
part of the Plaintiff and Defendant shall Dot nullify the provisions of the court order
directing the Defendant to refrain from abusing the Plaintiff.
4. The Defendant is ordered to refrain from having any direct or indirect
contact with the Plaintiff, other than occasional telephone conversations or brief
discussions regarding the children, at times the children are exchanged for visitation,
5. The Defendant is eDjoined from harassing and stalking the Plaintiff and
from harassing the Plaintiff's family.
6, The Defendant is eDjoined from removing, damaging, destroying or
selling any property owned jointly by the parties or solely by the Plaintiff, including
the 1989 Astro van, currently in the possession of Plaintiff.
The Defendant shall have returned to him his clothing and personal
effects which aball be made available within one day of execution of the Stipulation.
7, Primary custody of the minor children, Robert Allen Putney, date of
birth 2J28/85; Jessica Lynn Putney, date of birth 10/5/87; and Andrew David Putney,
date of birth 2/19/89 shall rest with the Plaintiff. The Defendant shall have the right
to exercise reasonably partial custody with the minor children as agreed upon by the
parties and to include specifically every other weekend from Saturdays at 2 p.m.
through Sundays at 8 p.m. The transfer of the children for the purposes of partial
2
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custody will take place at the designated times at Nell's Food Market, 1706 Spring
Road, Carlisle,
8, The Defendant shall pay the cost of filing and service in this matter, He
shall also pay the amount of copayment to be paid by Plaintiff for medical attention
she received, expected to amount to approximately $25.00.
9, Pending further Order of Court resulting from a Complaint med with
the Domestic Relations Section of the Cumberland County Courts, effective each and
every week starting March 4, 1994, and payable on Fridays, the Defendant shall pay
to Plaintiff support in the amount of $200.00, In entering into this Stipulation, the
parties have made no agreement as to the amount of support which should ultimately
be ordered and there currently exists a dispute over this matter.
lO. With the exception of Paragraph 7, the above terms shall remain in
effect for a period of twelve months from the date of the Stipulation.
11, With reference to Paragraph 7, regarding custody of the minor children,
this portion of the Order shall remain in effect until further Order of Court or
Stipulation of the Parties.
12. The Pennsylvania State Police and the North Middleton Police
Departments shall be provided with a copy of this Order by the Plaintifrs attorney,
This Order shall be enforced by any law enforcement agency where a violation occurs
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,
3
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custody will take place at the designated times at Nell's Food Market, 1706 Spring
Road, Carlisle,
8. The Defendant shall pay the cost of filing and service in this matter. He
shall also pay the amount of copayment to be paid by Plaintiff for medical attention
she received, expected to amount to approximately $25.00,
9, Pending further Order of Court resulting from a Complaint med with
the Domestic Relations Section of the Cumberland County Courts, effective each and
every week starting March 4, 1994, and payable on Fridays, the Defendant shall pay
to Plaintiff support in the amount of $200.00. In entering into this Stipulation, the
parties have made no agreement as to the amount of support which should ultimately
be ordered and there currently exists a dispute over this matter.
10. With the exception of Paragraph 7, the above terms shall remain in
effect for a period of twelve months from the date of the Stipulation.
11. With reference to Paragraph 7, regarding custody of the minor children,
this portion of the Order shall remain in effect until further Order of Court or
Stipulation of the Parties.
l2. The Pennsylvania State Police and the North Middleton Police
Departments shall be provided with a copy of this Order by the Plaintiff's attorney,
This Order shall be enforced by any law enforcement agency where a violation occurs
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,
3
the Defendant shall be taken without unnecessary delay before the Court that issued
the order, When that Court is unavailable, the Defendant shall be taken before the
appropriate district justice, (23 P.S. !l6ll3),
By the Court,
J.
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PATWCIA A. PUTNEY,
for herself and on
behalf of her minor
children,
ROBERT ALLEN PUTNEY and
JESSICA LYNN PUTNEY and
ANDREW DAVID PUTNEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
,
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
.
,
: CMLACTION - LAW
: PROTECTION FROM ABUSE
: NO. 998 CML 1994
BRIAN D, PUTNEY
Defendant
STIPULATION OF THE PARTIES
COME NOW, the parties to the above-referenced action, the Plaintiff, by her
attorney, Samuel W, Milkes, JACOBSEN & MILKES, and the Defendant, by his
attorney, Wayne F. Shade, Esq., and enter into the following stipulation which the
parties agree may be entered as an Order of Court in lieu of the hearing presently
scheduled for March 10, 1994 before the Honorable George E. Hoffer. It is further
agreed and understood by the parties that the Defendant, in entering into this
Stipulation, does not admit to any of the specific allegations contained within the
Protection from Abuse Petition fIled by Plaintiff.
The parties agree that the following may be entered as an Order of Court,
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to,
"
1.
The Defendant, Brian D, Putney, now residing at 6 Glen Field Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055, is hereby eIijoined Crom
physically abusing the Plaintitr, Patricia A. Putney, or placing her in fear of abuse.
2, The Defendant is ordered to stay away Crom the marital residence
located at 101 Dawn Drive, Carlisle, Cumberland County, Pennsylvania, a residence
which is jointly owned by the parties, whose lot is jointly leased, and which is where
the Plaintitr and the minor children live.
With respect to this item, the parties understand that the Court
customarily enters the following Order and the parties are agreeable to having the
following provisions made a part of this Protection from Abuse Order:
The Defendant is hereby notified that if he resides in the PlaintifI's
domicile contrary to this Order, he may be in indirect criminal contempt which is
punishable by a fine not to exceed $l,OOO.OO and/or by a sentence of up to six months
in jail and any other appropriate punishment. Resumption of co-residence on the
part of the Plaintiff and Defendant shall Dot nullify the provisions of the court order
directing the Defendant to reCrain from abusing the Plaintiff.
The parties further agree that the customary paragraph, now found at
the end of the Court's Temporary Protective Order, may also be entered as an Order
of Court.
3, The Defendant is ordered to refrain from having any direct or indirect
contact with the Plaintiff, other than occasional telephone conversations or brief
discussions regarding the children, at times the children are exchanged for visitation,
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4, The Defendant is eJ\ioined from harassing and stalking the Plaintiff and
from harassing the Plaintifrs family.
5. The Defendant is eJ\ioined from removing, damaging, destroying or
selling any property owned jointly by the parties or solely by the Plaintiff, including
the 1989 Astro van, currently in the possession of Plaintiff.
The Defendant shall have returned to him his clothing and personal
effects which shall be made available within one day of execution of this Stipulation.
6. Primary custody of the minor children, Robert Allen Putney, date of
birth 2/28/85; Jessica Lynn Putney, date of birth lO/5/87; and Andrew David Putney,
date of birth 2/19/89 shall rest with the Plaintiff, The Defendant shall have the right
to exercise reasonably partial custody with the minor children as agreed upon by the
parties and to include specifically every other weekend from Saturdays at 2 p.m,
through Sundays at 8 p.m. The transfer of the children for the purposes of partial
custody will take place at the designated times at Nell's Food Market, 1706 Spring
Road, Carlisle,
7. The Defendant shall pay the cost of filing and service in this matter. He
shall also pay the amount of copayment to be paid by Plaintiff for medical attention
she received, expected to amount to approximately $25.00.
8. Pending further Order of Court resulting from a Complaint filed with
the Domestic Relations Section of the Cumberland County Courts, effective each and
every week starting March 4, 1994, and payable on Fridays, the Defendant shall pay
to Plaintiff support in the amount of $200.00. In entering into this agreement, the
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parties make no agreement as to the amount of support which should ultimately be
ordered and there currently exists a dispute over this matter.
9. With the exception of Paragraph 6, the above terms shall remain in
effect for a period of twelve months from the date of this Stipulation.
10. With reference to Paragraph 6, regarding custody of the minor children,
this portion of the agreed Order shall remain in effect until further Order of Court or
Stipulation of the Parties.
Respectfully submitted,
Dated: 2>\\ C)\ 0f(
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Brian D. Putney, Defendant
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Attorney for PlaintitT
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Wayne ,Shade, Esq.,
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS
OFCUMBE~DCOUNTYPENNSYLVAN~
PATRIC~ A. PUTNEY,
for herself and on behalf
of her minor children,
ROBERT ALLEN PUTNEY and
JESSICA LYNN PUTNEY and
ANDREW DAVID PUTNEY,
Plaintiff
v,
NO, 94.998 CML TERM
CML ACTION - LAW
PROTECTION FROM ABUSE
BRIAN D, PUTNEY,
Defendant
PRAECIPE
To the Prothonotary:
Please note my change of address effective immediately.
Respectfully submitted,
BY: Samuel W, Milkes, Esquire
JACOBSEN & MILKES
52 East High Street
Carlisle, PA l70l3
(717) 249-6427
Attorney No. 33130
Counsel for Plaintiff
Patricia A, Putney
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