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HomeMy WebLinkAbout94-01212 J '- :t:: oJ C L d p:) - .- > SUSAN J. BARNETT, PIJ.INTIFF IN THE COURT OF COMMON PLEAS OF OF CUMBERIJ.ND COUNTY, PENNSYLVANIA CIVIL ACTION-IJ.W for herself and on behalf of her minor child: Taylor J, McElhenie V, SHAWN D. McELHENIE, DEFENDANT 1212 CIVIL 1994 ORDER OF COURT AND NOW, this J.3.. day of March, 1994, this matter having been called for a hearing this date, and plaintiff's counsel relating that defendant has yet to be served and is known to be in Georgia, IT IS ORDERED THAT the hearing this date is continued generally until service is made and either party request a hearing. The temporary order shall remain In effect until further order~l~ . By t~e court( / / " /}/./ , ~.' E gar B. ayley, J. Joan Carey, Esquire For Plaintiff :saa ,. , .,. en ::c "'- M .... :"} .";>- -. '" . .~ .~. - t " .:. " - ~''': '. ' ~. ' (Y- ., :'C. Susan J. OarnoU, Plaintiff 1 N 'rilE COURT OF COMMON PI.EAS OF for horsolf IUld on bohalf of her .inor (:hild: Tylor J. McRlhenie vs. . . CUMOERI.AND COUNTY, PENNSYI.VANIA CIVil. ACTION - LAII NO. 10l/~ CIVIl. 1994 Shawn D. McElhonie, Defendant PROTECTION FROM ABUSE AND CUSTODY . . AND NOW, this TEMPORARY J(tiL PROTECTIVE ORDER dllY of ~Ia"ch, 1994, upon presentation and consideration of t.he withill Petition, and upon finding that the plaintiff, Suslln J, Barn<,tt and her minor child, now residing at 724 N, Front Street, Apartment #2, Wormleyshurg, Cumberland Count.y, Pennsylvania, are in immediate and present danger of abuse fl'om the defendant, Shawn D, McElhenie, t.he following Temporllry Order is entered, The defendllnt, Shllwn D, McElIwnie, now residing at 2820 Bluebird Circle, Duluth, Georgia, is herehy elljoined from physically IIbllsing the plaintiff, Susan J. B8I'nett, or her ch i Id, or plllc ing them in fear of abuse alll1 is ordered to stay IIway from the residence located lit 724 N, Front Street, Apart.ment #2, Wormleysburg, Cumherland Count.)', Pennsylvania, a residence which is nnt owned or lellsed by the defendllnt. The defendant is hereby not.ified thllt if he ,'esides in the plainti ff's domici If! contral'y to this Order, he mllY be in indireet eriminal contf!mpt which is punishllble by a fine not to exceed $1,000,00 and/or hy II sentence of lip to six months in jail and any other "plll'oprilte punishmellt. Resumption of co-residence on t.he part of t.he plaintiff and the defendant shall not nullify t.h,~ provisions of t.he court ol'llel' directing the defendllnt to ,'efrain from IIbusing t.he plaintiff or her minol' chi Id, Teml'ol'nl'y custody of Tylol' ,J, ~IcElhenie is hereb~' awarded to t.he pJllintiff, SIISlln J, Ilarnett, .' II ') 2J PH '911 ti~R '- " . ~. H' .',',y , ~ '( '; , The defendant is ordered t.o refl'ain from hllv ing any contact with the plnlntlff including, but not. limited t.o, I'e!ltrllinlng the defendllnt frail entering the plaintiff's plnce of employment, from stalking the plaintiCC, or Crom harassing the plaintiff or her relatives, The deCendant is ordel'ed to reCrain Crom destroying or damaging any Ilroperty owned by the plaintiCf, This Order shllll remain in effect until a final order is entered In this A hearing shall be held on this mlLtter on the 1'11:A day oC March, case, 1994, at :):GO f ,m, in Courtroom No...2.-, Cumberland County Courthouse, Carlisle, Pennsylvania, The plllintiff may proceed in forma \Iaulleris pending a further order after the hearing, The Cumberlllnd Count.y Sheril'f's office shal! attempt to make service at the plaintiff's reljul!st. but. service may be accompl ished under any applicable rule of Civi I Procedure, The Wormleysbllrg and Ilampden Township Police Departments will be provided wi th IL copy of this Order by attorneys for plainti ff, This Order shall be enforced by any law enforcement agency when a violation occurs by arrest Cor indirect eriminal contempt. The arrest may be without warrant upon probable caust! that this Order has heen violated, whether or not the violation is committed in the pl'esellee of t.he pol ice officer, In the event that an arrest is made under this sl,ct.ion, t.he defendant. shall be taken wi t.hout unnecessal'y delay before t.h.. eourt. t.hat issued t.he Order. When t.hat. court is ullavailable, the defendant. shll11 be arraigned befor" district justice, (23 Pa.C.S,A, Sedlon 6113), By J. SUHPn J, DarncLl" Plaintiff I N Tm: COURT OF COMMON PI,EAS OF CUMBKRI.AND COUNTY, PKNNSYI.VANIA for hcrsclf IUIlI on bchal f of hcr .Inor chi hi: Tylor J, McElhenlc VS. CIVil. ACTION - I.AW NO. CIVIL 1994 Shpwn D, McElhenle, Dcfendant PROTECTION FROM ABUSE AND CUSTODY NOTICE You havc heen slled in COUl't" 1 r YOII wish to defend against the claims set forth in the foUowlng pllges, you mllst. tuke action promptly after this Petition, Order III1lI Noliee lire served, hy IIppellring pcrsonally or by IIttorney at the hearing scheduled by till! Court allll prescnting to the Court your defenses or ob,jections t.o the claims set forth against you, YOII arc warned that if you flli I to do so the Court may pI'oeeed without YOII, and a judgment may be entered a!lllinst you hy the Court. wlt.hout. further notice for any money c1nlmed In the PeLl tion or for any other c1a im or relief reqllested by the plaintiff, You mllY lose mouey or propert.y or other :-ights Importnnt to you. YOU SHOULD TAKE THIS PAPER TO YOUR !.AWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEI.EPIIONE TilE OFFICE SET FORTII BELOW TO FIND OUT lIHERE YOU CAN m:T I.KGAI. IIELP. COURT ADMINISTRATOR, 4TII nOOK CUMBERI.AND COUNTY COURTIIOUSE CARI.ISLE, PENNSYI.vANIA 17013 TEI.RPHONK NUMBER: (717) 240-6200 A. ABUSE Susan J. Barnett, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . . . CUJIIlERLAND COUNTY, PlNNSYLVANIA . for herself and on behalf . . of her .inor child: . CIVIL ACTIOI - LAW . T7lor J. McElhenie . . "s. . NO. CIVIL 1994 . . . Shawn D. McElhenie, . PROTECTION FIIOI ABUSI . Defendant AND CUSTODY PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT. 23 Pa, C.S.A. Section 6101 eta sea. 1, The plaintiff is an adult individual whose permanent address is 724 N. Front Street, Apart.ent '2, Wor.leysburg, Cumberland County, Pennsylvania, 17043. The plaintiff brings this action for herself and on bebalf of her .inor child, Tylor J. McElhenie, 2. The defendant is an adult individual residing at 2820 Bluebird Circle, Duluth, Georgia 30136, 3. The defendant is the plaintiff's former husband. 4. Since approximately 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and by physical .enace has placed the plaintiff in fear of i..inent serious bodily injury for herself and her minor child, This has included but is not limited to the following specific instances of abuse: a. On or about March 7, 1994, the defendant called the plaintiff and threatened her in ways, including but not limited to the following: calling the plaintiff a "dead woman"; saying that she should be scared for her life, that the plaintiff, her boyfriend, and her minor child are "aU dead," and that Tylor, the child, is better off dead, He further threatened that he was going to kill Tylor and was coming to Pennsylvania to kill the plaintiff, saying that he would love to rip her head off and shove it down her throat. He said he wished he would have hurt the plaintiff .ore than he did and that he could care less whether the plaintiff lived or died. These threats caused the plaintiff to be afraid for her safety and the safetJ of the child becau.e the defendant is scheduled to co.e get the child for a visit on March II, 1994. b. On several different occasions fro. approxi.ately August 1990 to March 1993, the defendant physically abused the plaintiff in waJs including, but not limited to the following: slapping, punching, pushing, and sexually assaulting her, 5. The plaintiff believes and therefore avers that she and her child will be in iamediate and present danger of abuse from the defendant and that she and her child are in need of protection from such abuse. 6, The plaintiff desires that the defendant be ordered to refrain from having any contact with her except to facilitate supervised visitation with the .inor child, 7, The plaintiff desires that the defendant be ordered to refrain fro. entering her place of employaent, froa stalking the plaintiff, and frea harassing the plaintiff or her relatives. 8, The plaintiff desires that the defendant be ordered to refrain from destroying or damaging any of her property, B. TEMPORARY CUSTODY 9, The plaintiff seeks temporary custody of the following child: lilW Tylor J, McElhenie Present Residence w 724 N. Front St" Apt. 2 Woraleysburg, PA The child was not born out of wedlock, 3 yrs. old DOB 7/29/90 The child is presently in the custody of the plaintiff who resides at 724 N, Front Street, Apart.ent 2, Wormleysburg, Pennsylvania. Dllrln!! till' chllll'H lir,.Um<" the ehlld hils "<'Hided with Ihp following IIerson8 Ilnd at the rollowing uddreHst'a: Nill!t!l PIlllntlff III1lI d..fl!llllllllt Plaintiff, d<,rendllnt, Jill and I,ee McElhenil! (defendant's pllrellts) Plaintlrf, defendant, Nathan Piles (defendant'R hoss) Plaintiff, defendant, Dorothy and Roger Stepp (plaintiff's 1I0ther and stell- fat.her) Plaintiff, defendant, Becky, her three children, Philip (Becky's boyfriend) Plaintiff, defendnnt, Linda, Brad, nnd Kyle Heckelman (plaintiff's sister, brother-in-law, Ilnd nephew) Plalntirf and defend lint Plaintiff, Dorothy and Roger Stepp, Doug Stepp (Roger's son) Plaintiff, defendnnt, Dorothy and Roger Stepp, nnd Doug Stepp Plaintiff and def.'ndllnt Plllml Mill reSHill! TaWil and Country Apts. Union DHpot Rand Hurl'ishurg, PA 7/29/90 to 11/90 ChilI' h'H town lIest Virginln 11/90 to 2/91 Illlllson lIl'st Virginill 2/91 to 5/91 103 Locust Lane, North Mechllnicsburg, PA 5/91 to 7/91 Ilnnson lIest Virginia 7/91 to 7/91 8456 Avenida Angulia Spring Vlllley, Cllllfornia 7/91 to 8/91 Sllntee Cnl i fornia 8/91 to 4/92 4/92 to 5/92 108 Locust Lane, Nort.h Mechllnicshurg, PA 108 Locust 1.llne, North Mechlln iC!lhllr!l, PA 5/92 to 8/92 40:\ S, Ilnltimol'e Ht, Almrtment T Dlllshur~, PA 8/92 to 3/93 Plaintiff, Dorolhy and Iloger SlC>IJP, and Doug Stepp 10:1 Loell..t tllll<!, North Mc>chtlll ic..burg, PA 3/93 to !1/93 Plainti f f, Mal'k Minskey (plaintiff's boyfriend), IInrry t\nll Ronnie Mlnskey (Mark's pnrlml,,) 442 Lewlsberry Road Nell Cumberlalld, PA 9/93 to 11/93 Plalnllff and Mark Minskey 11/93 to present 724 N, Front St., #2 liormleysllllrg, PA The mother of t.he child Is the pluintlff, Susan J, Barnett, currently residing at 724 N, Front Street., Apartment 2, liormleysburg, Pennsylvania. The plaintiff currently resides with the following persons: tl1!.1W Relationshin Tylor J. McElhen ie Mark Mlnskey Son Friend She is divorced, Tbe father of the ch i Id is the defendant, Shalln D, McElhenie, currently residing at 2820 Blueb!r'd Circle, Duluth, Georgia, The plaintiff has no knowledge as to who else resides lIith the defendaut, lie is divorced, 10, The parties' divorce raised the issue of custody, A custody schedule was Included in the Marl tal Settlement Agreement, but no custody order was entered, (See Divorce No, 1392 Civil Term 1993) 11. The plaintiff has no knowledge of any custody IJroceedlngs concerning this child pending before u conrl in this or any other jurisdiction, 12, The plainti ff does not know of any pel'!!on not a party to this action who hns physicai cnslody of the child or clnims t.o have custody or visitation right.s with rpspecl to the chi ld, 13, The 11I!st int.pre!!ts nnd permanenl wel fare of the chi Id wi II be met If cuotody 10 temllorarily grllnt.ed to the Illnintiff pending II hearing In thlo !latler 1'01' reaoons including the following: a. The plaintiff Is a fit parent who can best take care of her child, b, The defendant hns shown by hiB past. abuse and present t.hreat.s of abuoe to t.he plninti 1'1' that he is not an appropriate role model for ,the child, c. The defendant has demonstrated behavior that may ndversely affect. the child, ~~C~SIV~SSHSSJON 14, The home which the plllintiff is asking the Court to order the defendant to stay away from is rented in the names of Susan J, Barnett and Mark Mlnskey and the defendant has nl!ver rl!sided there, 15, The defendant has hlB own residence located at 2820 Bluebird Circle. Duluth. Geor'gln, D, J.OSSHS AND ATTORNEY FEES 16, The plalnti 1'1' hns suffered losses as a result of the abuse by the defendant, The losses are listed on Exhibit .II attached, 17, The plaint! 1'1' asks thllt the defendaut be ordered to pay reasonable attorney fees pursuant to the Protection from Abuse Act, E. STATUS TO PROCEED IN FORMA PAUPERIS 18. The defendant's employment stntus is unknown to the plnlntiff, 19. The plaintiff is (~mployed at ~tessiah Village until March 10. 1994. and earns $6,90 per hour, The plnintiff bl!gins a new job on March 14, 1994. earning $2,19 per hOlll' plus tip'" 20, The plnlntiff does not. hllve funds nvnllnh!l~ to pny the fees for 1'1 liug and ser'\' ice, WIIEREFORE, pursunnt to the provlKlons of till' "Prote(:tion from Abu8e Act" of October 7, 1976, 23 Pn,C,S,A, Sl!ctilln 6101 et !l.llil., a8 nmelllled, the plaintiff prays thl8 1I0nornbLe Court to grnnt the following relicI': A, Grant n Tellpornry Ol'der Ilursuant to t.he "Protec:tlon from Ahuse Act": 1. Requiring the defendnnt t.o refrnin from nhuslng thl! plaintiff and her lIinor child or placing them In fear of ahu8e. 2, Requiring th(' defendant to refl'aln from having nny contact with the plaintiff including, hut not IIl1lted to, rC8tralning the defendant from cntel'ing the plaintiff's place of employment, from 8talklllg the plaintiff, and from harassing the plaintLff, or her relat.ives, 3, Grnntlng tempornry cU8tody of the minor chi Id to the plaintiff, 4, Ordering t.he defendant t.o st.ny awny from the residence located at 724 N, Front Street, Apnrtment 2, WormLeysburg, Pennsylvania, which the parties have never shared, 5, Ordering the defendant. to stay away from nny residence the plaintiff may In t.he fut.ure est.abl ish for herself, 6, Ordering t.he defendant. not. t.o destroy or dnllage any property owned by the plaintiff, B, Schedule II hellrln!l In Ilccordance wit.h the provisions of the "Prot('ction from Ahuse Act," and, after such henring, enter an order to be In effect for n period of one yenr: I. Rl'lJuirinl( tll(, defendnnt. to refrllln from nbu81ng the !l!llintiff or her mlnol' chi lei or plne\ng t.hem in fenr of ahuse, 2, RelJuiring the defendnnt to refrain from hllvlng Ilny contllct. with t.he plaintiff except. to fnciJitnte sUllerviKed vislt.lltlon, 3. Requiring the d"fcndllnt 10 refrllin from entering the Illaintiff'R place 01' cmploymenL, from Rt.lIlking the plaintlrf, IIml from hurasslng the plaint.i 1'1' or hel' relatives, 4, Ordering t.he defendant. t.o st.ay away from the residence located at 724 N, Front Street., Apartlllmt. 2, Wormleyshurg, Pennsl'ivanla, which the parties have never shared, 6. Ordering the defendant to stllY IlWIlY frail any residence the plaintiff may in the fut.ure Ilstahlish for herslllf, 6, Ordering the dcfl'ndnnt t.o refrllin from dest.roylng or damaging Ilny propel'ty owned by the pillintifr. 7, Ordering the defendant t.o reimburse the plaintiff's out-of- pocket 10sseR suffered nR Il rellul t of the abuse including but not liml ted to the losses listed on the IIttllched sheet Ilarked Exhlbl t A, 9, Ordering the defeudant t.o pay rellsonable nttorney fees, The plnintiff further IIsks Lhat. this Petition be filed nnd served wi thout payment of costs, (lending a further order at the hearing, and that a copy of this Pet.i t.ion /lnd Order be delivered to the Wormleysburg and lIampden Township Police De(lIlrtment.s as the Police Departments with jurisdiction to enforce this Order, The plaintiff prays for such other relief as mny be just nnd proper, COUNT II CUSTODY UNDIDLe!';NNSYLVANI A CUSTODY I.AW 21. The allegllt.lons of Count J Ilbove IIrll incorporllted herein as if fully set forth, 22. The hest intel'l'sl.s lIud permauent welfnre of t.he child will be served by nwnl'dillg cUlltody t.o the pIn iut. iff ns set. fOl,th iu Pllrngrnph 12 of the Pt!t.ition, IJ @uLL( WIIEREFORE, pursullnt. t.o 23 P,S, ~~ 5301-5366, nnd ot.her nppllcnble rules and law, t.he plailltirf prays this Ilonorable Court. to award custody of the minor chi Id to her, The plaintiff prays for such ot.her rei jef as amy he just ami proper, Ilespectfully submi tted, J an arey ttorney for Plnin!; ff LEGAL SERVICES, INC, B Irvine Row Carlisle, PA 17013 (717) 243-9400 SUBan J. DarneLL, Plaintiff IN TIIK COURT OF COMMON PI,EAS OF ror herself will on behalf or her .lnor child: Tylor J. McElhenie YB. : CUMBIlRI.AND COUNTY I PIlNNSYI.Y AN I A CIVIJ. ACTION - LAW . . NO. CIVIL 1994 Shawn D. McElhenle, DefendanL : I'ROTIlCTION FROM ABUSE AND CUSTODY OUT-OF-POCKKT LOSSKS The plainLiff requesLs thaL the defendant pay for the following costs related to the incident on or about March 7, 1994: .ImI APPROXIMATE COSTS Changing telephone number $ 26.00 110,40 Lost wages for 2 days ($6,90 x 16 hrs,) TOTAL $ 136.40 Exhibit A ,'1' The above-nailed plnlntiff, Susall J. Barnett, verifies that the statellents made in the above Peti tlon nre true nnd correct, The plaintiff understands that false statementll herein are mnde subject to the penalties of 18 Pa, C, S, Section 4904 relating to ullsworn fnlsiflcatlon to nuthorlties, nate:~j -ID - qy_ a; - ~ .~ .-:;)- :I:. c.... N M c , ~ ~ N tz: d = (8