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DAL.F. 2, f'LNfERTY,
IN 11IE COURT OF lXM<<lN PLlWI OF
(.'lMlllRLANI> COlM'Y, PlINNSYl,V AN I A
NO, 94 - 14Lf1CIVIL TERN
PROO'ECI'I~ f'l<<>>I ABUSE
Plaintiff
v,
DAVI D N, f'LNfERTY,
Defendant
~8lQl'IIrr1VB nRlWIJI
AND NOW, this _ __~'\-_}.__. day of March, 1994, upon presentation and
consideration of the within Pet I t lon, and upon f1ndlna that the plaintl ff, DIlle
S, Flaherty, now residlna at 26 Lucinda Drive, Carlisle, CU.beriand County,
Pennsylvania, Is In i-.edlate and present danaer of abuse frOM the defendant,
David N. Flaherty, the followlna Te.porary Order Is entered,
The defendant, David N. flaherty, now resldlna at 75 East I~uther Street,
Carlisi., CUmberland county, PennsYlvania, is hereby enjoined fr~ physicallY
abuslnl the plaintiff, Dale E, flaherty, or placinl her in fear of abuse.
The defendant is ordered to stay away frOll the plaintiff's residence
located at 26 Lucinda Drlvo, Carl 11110, CUlllberland county, PennsYlvania, a
residence to which the plaintiff moved to avoid abuse, which is not owned or
leased by the defendant,
The defendant is hereby notiflod that If he violates this Order, he ..y be
In Indirect crl.lnal contellpt which Is punishable by a fine not to exceed
'1,000,00 and/or by a sentence of up to six IIOnths In jail and any other
appropriate punishment. Resumption of co~resldence on the part of the plaintiff
and defendant shall not nUllify the provIsions of the court order dlrectlnl the
defendant to refrain from ahuslnl the plaintiff,
The defendllJlt Is ordered to refrain fro. havlnl any direct or Indirect
contact with the plaintiff Includlna, but not 11.lted to, telephone and written
co.Munlcatlons, except for the 1IIIIted purpose of facllltatlnl custody
arranle.ents.
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Tho defendant Is enjoined fro. harasslna and stalkln. the plaintiff and
fro. haralsln. the plaintiff's feally, or her .Inor children,
Tho defendant Is enjoined frOll enterlna tho plaint Iff' /I place of e.plo)'llent
or the day care facilities of the Ilnor children,
The defendant II enjoined froll relOvlna, d....lna, destroylna or selllna
any property owned Jointly by the parties or solely by the plaintiff,
TellJlQrary custody of David Nlchael Flaherty, II, and Phillip Lawrence
Flaherty, Is hereby awarded to the plaintiff, Dale E, Flaherty.
This Order shall re~ln In effect until a final order Is entered In thll
case, ^ hearlna shall be held on this uUer on the 'ttl day of _:::11);((~"'~ ,
1994, at ~ \. ",1., In COurtrOOM No, 'i-, OWIberland County Courthou.e.
carlisle, Pennsylvania.
The plaintiff laY proceed to lQrII RlHDeri. pundlna a further order after
the hearlnl,
The CUlberland County Sheriff's Departlllnt shall atteapt to uke .ervice
at the plaintiff's request, but service MY be accOllpllshed under any applicable
rule of Civil Procedure.
The North Middleton 1'ownshlp and carlisle Pulice Departlllnt. will be
provided with certified caples of this Order by the plaintiff's attorney, This
Order shall be enforced by any law enforcelOnt alency where a violation occurs
by arrest for Indirect crlllnal conhlllpt without warrant upon probable cause that
this Order has beon Violated, whether or not the violation II ~itted In the
presence of the lX>llce officer. In the event that an arrest I. lade undlr thl.
section, the defendant shall be taken without unnecessary delay before the court
that Issued the order. When that court Is unavailable, the defendant shall be
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taken blfor. the appropriate dlltrlct JUltlc.. (23 P,S, I 6113).
By the court,
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PALE E, FLAHERTY,
IN 11f1l <XlUR1' 01' CXM<<J4 PLllAB 01'
ClMIl!IlLAHll COlM'V, P~SYLVANIA
NO, 94 -1'1"" CIVIL TWI
PIlOI'IlCT I ON fR()I ABUSE
Plaintiff
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MV III N, I'LAIIERTY,
f)e f endlUl t
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NOTICE
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You have been sued In court, If you wish to defend slllnst the cia'.. ..t
forth In the followlnll paaes, you .ust tlk. action prOllptly .fter thlll Petition,
Order and Not Ice are served, by appear In. personally or I)y attorn.y at the
hearlna IIcheduled by the Court and prellent Ina to the Court your defen"lI or
objections to the clal.s set forth aaalnst you, You are warned that If you fall
to do so the Court lIIay proceed wi thout you, and a judpent uy be entered alllnat
you by the Court without further notice for any IIOney clalled In the Petition or
for any other clallll or relief requested by the plaintiff, You aay 10dl annlY or
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property or other rights Important to you,
YOO IlIIXlLD TAe nUll PAPI!Il ro YOOR LAWYER AT CIDl, II' YOO DO t<<7I' KAVB A
LAWYER at CANt<<YJ' APfOR/) affl, Of) TO OR 'I'llLPJltDlB 11IB OFFICI! lIT JIQI'ftI BIIlDW TO
PINll oor WHI!ItE YOO CAN lIlT LBW. 1I1lLP,
COURT AJ)IINISTRATOR, 4th ft.OOR
CIJoIllERLANJ.> COUNTY cOtJRTOOO8E
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBERt (717) 240-6200
DAl.! ~. 1'l.AllfJlTY,
IN 'JltIl lXlURT Of' (XM<<JN PLEAS 01'
C\.MW.RLAND <XlUIfl'Y, PfJiNlIYLVNUA
PlalntHf
v.
NO. 94 "
CIVIl. TUN
DAVID N. I'LNII!RTY,
Defendant
PIl.OJ'J'.(. 'T I ON I'IU>>I AIllIIIl!
l'fl'IITlCli.M.. PIIal'IalYIJllI.ID
IlI'1. I BP I.Nlt'Jl 11IIl PIIal'Ia 1<Jf PIlOI AllU88
ACT, 23 P.8. I 6101 et aeq.
Ih_ AIlU8I!
1. The plaint I ff Is an adult individual whose tellPOrary addr..e ia 26
Lucinda Drive, carlisle, t~.berland County, Pennsylvania 17013.
2, The defendant is an adult individual reaidina at 75 l!aIt l.outher
Street, Carlisle, CU.burland county, Pennsylvania 17013.
3. The defendant Is the husband of the plaintiff and the father of her
two children.
4. Since apprOXiMately June, 1993, the defendant has att..pted to caue.
and has intent loolllly, knowinaly, or recklessly caused bodi Iy injury, to the
plaintiff and by physical ..nace has placed the plaintiff in f.ar of i..inent
serious bodily Injury. This has Included but is not liaitod to the followina
specific Instancel of abuser
a) Between March 18 and 21, 1994, the defendant on several
occaallons threatened to kill the plaintiff. On or about March 18,
1994, after one such threat the plaintiff, fearlna for her life and
the safety of her children, left the ..rltal residence "lth her
children.
b) on or about March 8, 1994, the defendant went into the
plaintiff's bedroom where she lay, threatened to kick her, and dr..
back his les to kick her with his steel-toed boot, but stopped when
he real hed their 3 year old child, David, Will Iyin, It the
plaintiff'. llide.
c) In or about .Id-February, 1994, a. the plaintiff lOt up off of
the couch with her 22 MOnth-old Ion In her ar.s the defendant .aid,
"No one will see this," and punched the plaintiff In thu forehlad
with his fist. The defendant struck the plaintiff with sllch force
thet she and her baby fell backward onto the couch and both the
auther and chi Id struck their heads aaainst the wall. When the
plaintiff tried to telephone the police, the defendant knocked the
telephone frOM her hand and then atood in front of the door as she
tried to leave the house. The plaintiff sustained erythe.. and
soreness on her forehead as a result of this Incident.
d) on or about Octobur 26, 1993. the defendant struck the
plaintiff under her chin with the back of hla hand, punChed her in
the chest causlna her to fall backward over the television, Irabbed
her by her arMS and Ilaamed her aaalnst the air conditioner. The
plaintiff lost consciousness momentarily and c... to al the
defendant po lied her by the front of her shl rt frOll between the
couch and the coffee table where she was wedaed. Thl defendant
dralled the plaint iff across the coffee table, scraplna her lele
across the edae of the table. When the plaintiff Irabbed her child
to try to leave the house, the defendant deManded ahe put thl child
down so he could "finish the Job"l the defendant threatened to beat
the plaintiff "I ike a Pn". The plaintiff sustained bruls.. and
soreness about her body and scrapes and bleedina about her shins ae
a result of this incident. The parties' neiahbors telephoned the
Carlisle Police llepartaent. The defendant was arrelted and char.ld
with ai.ple aOBault. A hearina on tl~ charae. il .chaduled before
Diltrict JUltlce Correal on April 20, 1994, at 10130.,..
e) lIince IpproxllltulY June, 1993, the defendant ha. threatened
to kill the plaintiff and hi.lelf, threatened to kill the plaintiff
if she ever took the children and left hi., and hiS threatened to
beat the hell out of her If she ever left hi..
5. On or about March 18, 1994, the plaintiff and her two .inor chlldrln
left their residence at 75 East l.outher Street, Carliale, CU.berland county,
Pennaylvania, In order to avoid further abuse.
6. The plaintiff believes and therefore averl that she II in i...diate
and present danler of abuse fro. the defendant and that ahe Is In need of
protection frea such abuse.
7. The plaintiff desires that the defendant be prohibited frOtl havina
any direct or Indirect contact with the plaintiff includlna, but not li.ited to,
telephone and written comaunlcations, except for the ii.lted purpose of
facllitatlna custody arranaeaents.
8. The plaintiff deslrel that the defendant be enjoined frOtl haraasina
and stalkinl the plaintiff, and frOtl harasalna the plaintiff's flaily, or her
.inor children.
9. The plaintiff desirel that the defendant be restrained frOtl enterina
her place of employaent and the day care facilities of her .Inor children.
10. The plaintiff desires that the defendant be enjoined frOtl reauvina,
daaaalna, destroylni or selllna any property owned jointly by the PArties or
solelY by the plaintiff.
D.L__BllaAJ~8P.8S1(lf
11. The IlIOblle hOtle frea which the plaintiff Is IIkina the Court to
exclude the defendant is owned In the n... of James Douaherty and the defendant
haI never rlllded there. The plaintiff Is not seekina the eviction of the
defendant froa his residence.
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i2. The defendant hall I duty to support the plaintiff and her .inor
children.
13. The defendant i. e.ployed at Carolina Frelxht, and has an hourly wAle
of 117.17.
14. The plaintiff's incoae III Insufficient to prOVide for her .iniaal
needl and tholle of the children unt i I such t hIe as a lIupport order can be
obtained by filing at the Do..stlc Relations Office.
15, The plaint iff intends to pet It ion for sllpport within two weeks of the
issuance of a protective order.
D. LOS8ES
16. The plaintiff asks for attorney's fees for l.eaal servicell, Inc., and
fllina and service feel of this lawsuit pursuant to the Protective froa Abuse
Act.
L-.mnnJJ'O JlIIfY'.P.RI\IlLIW8\-'pAIJlll\1lIS
17. The plaintiff works at Froa Switch Manufacturina COlpany, and earnl
an hourly rate of 112.54.
18. The plaintiff does not have funds available to pay the fees for
filing and service of this lawsuit.
L_.~~
19. The plaintiff seeks temporary custody of the following chlldrenr
IfjM
Pttun.LBuidJng
..
David Michael Flaherty, II
26 Lucinda Drive
Carlisle, PA
3 years old
D.O.B. Bepte.ber 23, 1990
I year II aonths old
D.O.8. April 24, 1992
Phillip Lawrence Flaherty
26 [,ucinda llrive
carlisle, PA
David Michael Flaherty, II was born Oijt of wedlockl Phillip Lawrence Flaherty was
not born out of wedlock.
The children are pruently in the custody of the plaintiff, Dale E.
Plaherty, who resldea at 26 Lucinda Drive, carlisle, t-u..berland County,
Penn.ylvania.
Since their births the children have resided with the followln. penon. and
at the followina addresselt
HIlI Addr.I...
IMW
Plaintiff and her friend, 26 I.uclnda Drive
J.... Douaherty carlille, PA
Plaintiff and defendant 75 East Louther Street
CArlisle, PA
Plaint iff and defendant 107 West Louther Street
Clulisle, PA
March 18, 1994
to the prOlent
Auauat, 1993
to March 18, 1994
Septe.ber 23, 1990
to Auauat, 1993
The auther of the children is Dale E. Flaherty, currently relidina at 26
LUcll~a Drive, Carlisle, l~.berland County, Pennlylvania.
She III ..rried,
The father of the children is David M. Flaherty, currently re.idina at 75
East Louther Street, carliSle, (\ulberland County, Pennsylvania.
He is ..rrled.
The plaintiff currently resides with the followlnl porlonSI
ffMI
Bl.W1onIJJiR
David Michael Flaherty, II
Phillip Lawrence Flaherty
JaMs Dougherty
her son
her son
her fr lend
20, The plaint I ff has not previoully PArticipated in any Ii tiaation
concernlnl custody of the above mentioned children in thlb or any other Court.
21. The plaint iff hall no knOWledge of any custody proceedlnas concefnina
these children pendlna before a court In this or any other Jurisdiction.
22. The plaint iff does not know of any peraon not a party to thi. Ictlem
who hal phylical cUlltody of the children or clai.. to have cu.tody or vilitation
riaht. with relpect to the childron.
23. The belt intereatll and perll81lent welfare of the children will be ..t
if cUltody hI telporarlly aranted to the plaintiff pendilla a hearlna in thia
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I18tter becaulet
a. The plaintiff is a fit parent who can beat take
care of the children.
b. The defendant hal ahoWn by hil abuee of the
plaintiff that he ill not an appropriate role aodel for
the children.
c. The defendant has deaonstrated by hill behavior
which adversely affected the children thllt he is not a
responsible caretaker for the children.
WllE\U!FORE, pursuant to the provisions of the "Protection frOll AbulIe Act"
of October 7, 1976, 23 P,S. 16101 g1 AAQ" as aMended, the plaintiff prAYs this
Honorable Court to arant tho followina reliefl
A. Orant a Te.porary Order pursuant to the "Protect Ion CrOll Abu.. Act I"
I. Orderina the defendant to refrain frOM abuaina the
plaintiff or placina her in fear of abusel
2. Orderinll the defendant to refrain frOll hlvlna any dirlct
or indirect contact wi th the plaint! ff Inc ludina, but not
liMited to, telephone and written co..unicatlona, except to
fad II tate custody arranaelllelltsl
3. Orderlnll the defendant to refrain frOM haralllina and
IStalkina the plaintiff and fro. harassina the plaintiff's
fully and her Ilnor chlldrenl
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4. Prohibit inl the defendant trOll enterina the pl.intirr'.
pl.cI of eaplo)'llnt and the day c.re tacilitie. of the .inor
llhi Idrenl
5. Prohibit ina the defendant trOll reaovina, d....ina,
deatroyina or sellina property jointly owned by the partlea or
IOllly by the plaintiffl
6. Orderina the defendant to st.y aw.y frOll the rl.idlncl
located at :26 Lucinda Drive, CarUlle, CIl.Iborland Cowlty,
PeMsylvania, which the partles have never .haredl
7. Orderina the defendant to Itay away frOll any reaidence
the plaintiff IIY in the future establish for heraelf,
8. Orantina te.porary custody of the .Inor children, David
Michael Flaherty, 1\, and Phillip Lawrence f'laherty, to the
plaintiff .
8. Schedule a hearlnl In accordance with the provi.ion. of the
"Protectlon frOll Abuse Act," and, after lIuch Marin" enter an order
to be in effect for a period of one year I
l. Order inl the defendant to refrain frOll abueina the
plaintiff or placina her In fear of abuse.
2. Order 101 the defendant to refrain frOll havina any direct
or indirect contact with the plaint iff inc:lUdinl, but not
li.lted to, telephone and written co.-unicatione, ~xcept to
facilitate custody arranaeaents.
3. Orderlnl the defendant to refrain frOll haral.in, and
Italklnl the plaintiff and frOll harasainl the plaintHf'.
f..ily and her Minor children.
4. Prohlbltlnl the defendant frQa enterinl the plaintiff'.
placl of e.plo)'llnt and the day care facilitiea of the .Inor
children.
5. Prohibitinl the defendant frQa relOvina, daaaaina,
dlltroyina or selllna property joint Iy owned by thu partlea or
.olely by the plaintiff.
6. Orderinl the defendant to stay away frQa the residence
located at 26 Lucinda Dl'ive, carlisle, CUllberland ('..aunty,
Pennsylvania, which the parties have never shared.
7. Order 101 the defendant tQ stay away fro. any rllidence
the plaintiff laY In the future establish for herlelf.
8. Orant InK support to the plaint iff and her Minor children
in the AMOunt of 1170.00 per week payable to the plaintiff in
the forI! of a check or MOney order, lIlIiled to her reslderlce.
9. Orderlnl the defendant to pay all costl of fillna and
service of this lawsuit and attorney'l feel to l.eaal Servicel,
Inc.
The plaintiff further ask~ that this Petition be fiied and lerved without
pa)'aent of costs, pendina a further order at the hearina, and that certified
copies of this Petition and Order be delivered to the North Middleton Township
and Carlllle Police Departaents with jurlldiction to enforce this Order.
The plaintiff prays for such other relief as aay be ju.t and proper.
Respectfully sub.ltted,
,~.rf. ..,J @.'riA
{ Carey, Attorne~ for Plaintiff
l.BW. 1S1!IlVICU, INC.
8 Irvine Row
Carlisle, PA 17013
/.,
ThI above-naaod plaintiff, Dale E. f'laherty, verifie. that the .tate..nt.
..de in thl above Petition are true And correct. The plaintiff underltanda that
fal.e .tate..nte herein are aad, .ubject to the penaltie. of 18 Pa. C.II. I 4904
relatina to un.worn fallification to authoritie..
Dete'~Jlb'L9J__
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DALE E. f'l.Nlf~TY,
IN 'nil! CXlURT OF C(J.N)N Pl.l!AS OF
CUNBERLAND OOlJNTY, PlOOlSYlNANIA
NO, 94 " 1441 CIVIl. TERN
PROTl!CTION 1'1<<* ABUSE
Plaint iff
v.
DAVID M. f'l.AHERTY,
Defendant
rmn'JPI.CNl'lLOF._JaYJ!Z
I, Jan E. Terpenlnl, do hereby curtlfy that on Monday, March 28, 1994, at
approxl..telY St20 p..., I did personally serve upon the defendant, David M.
f'laherty, the above-captioned TeMporary Protective Order and Petition for
Protective Order at his residence at 75 East l..outher street, carliSle, cullberland
County, Pennsylvania.
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Jan E. Terpenlnl,
IBW. 8ERVJCI!8, It<<:.
8 Irvine Row
Carlille, PA 17013
(717) 243-9400
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DALE B. f'l.NfERTY,
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DAVI~N. ,~TY,
.,. "., ' llefendant
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AND NOW,
Plaintiff
I N '\lIE COURT 01' CXN<<lN Pl.F.AS 01'
ClM\EJU.AND <XllItfI'Y, P\lNNSYLVANIA
NO. 94 - 1441 CIVIL TERN
PROJ'F.cTION FROM AIllISB
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thill .30 tL day ofM1J~ , 1994, upon consideration of
the
Con.ent Aaree..nt of the parties, the followina Order Is enteredt
I. The defendant, David N. Flaherty, is enjoined fro. physically abusina
the plaintiff or from placlna her in fear of abuse.
2. The defendant Is enjoined frOll havinl any direct or Indirect contact
with the plaintiff InclUding, but not Ilmitlld to, telllphone and written
c~unlcatlons, except for the li.ited purpose of facilitatlna cUlltody
arranle..nts.
3. The defendant ill prohibited from enterinll the plallltiff'l place of
e.ployaent and the day care facilities of the children.
4. The defendant Is ordered to refrain from harassina and stalkinl the
plaintiff and fro. harassing the plaintiff's fa.lly and the .inor children.
5. The defendant III prOhibited from removlnll, damaaina, destroyina or
lie Illnl any property owned by the plaint Iff or joint Iy owned by the part ies,
6. The defendant III ordered to stay away frlltll the plaintiff's residence
located at 26 Lucinda Dl'lve, enr lisle, CUmberland County, Pennsylvania, which the
parties have never shared.
7. The defendant I s ordered to stay away fro. any residence the
plaintiff may In the future establlllh for herself,
8. CUlllody schedule of the parties' children, David Michael ralberty,
II and Phil lip IA.renc. Flaherty, shall be fill follows I
a) The parties shull share leMal custody of the children.
b) The mother shall have primary physical custody of the
children.
cl The father shall luwe part lal custody of the childl'en on dat.s
and at t.Imes lIutually aM reed upon by the parties,
d I The IIlOther and father shall not Uy the other of all aedlcal
care the children receive while In that parent's care. Each parent
shall notify the other IlIlIIediately of aedlcal e..rsencles which
arise while the children fire in that parent's care.
e) The children's well belns is paralllOunt to any differencea the
parties IIlght have hetween themselves. Therefol'o, neither party
Ihall do anything which may estrange the children frea the other
parent, or Injure the opinion of the children as to the other parent
or which lilY hRaper the free and natural developalnt of the
children's love or respect for the other parent.
9. This Order shall remain In effect for a period of one year.
10. The North Middleton Towoahip and Carlisle Police DepArtllltlnts shall
be prOVided with certified copies of this Order by the plaintiff's attorney and
may enforce this Order by arrest for Indirect criminal contempt without warrant
upon probable cause thllt this Order has been violated, whether or not the
vlol/lt ion Is COlMlit ted In the presence of the police officer. In the event that
an arrest Is made under this sect ion, the defendant shall be taken without
unneceslary 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.II. 8 6113).
By the Court, ' '.L
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J Wesley 01 r(.. ., Judlll
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IN TtIE I.'OURT 01' CCMoklN PUWI Of'
clNlf:R1.AND COUNTY, PENNSYLVANIA
NO. 94 - 1441 CIVil. 1'l!RN
JlRCY\'ECTION fRON AIllISE
DAl.l! E. f'\.Nll!R1'Y,
Plaint Iff
DAVID N. Fl.AHERTY,
Defendant
aItIJDfi'_ AnIIRJUINf
This Aareeaent is entered on this ...R?_'l!: day of March, 1994, by the
plaintiff, Dale E. I'laherty, and the defendant, David M. Flaherty. The plaint iff
III represented by Joan cllrey of LfXlAl. SERVICES, INC. I the defendant ia
unrepresented but II awaro llf his right to have an attorney. The parties aaree
that the following may bo entered as an Order of Court.
I. The defendant, David M. f'laherty, lIarees to refrain frOll abuslna the
plaintiff, Dale E. Flaherty, or placing her in fear of abuse.
2. The defendant alreem not to have any direct or indirect contact with
the plaintiff Includlna, but not limited to, telephone and written
comaunicatlons, except for the limited purpose of facilltatinl custody
arranleMents.
3. The defendant I\lreea not to enter the plaintiff's place of ellploy.ent
or the day care fllclllties of the minor children.
4. The defendant alrlles not to haralll and stalk the plaintiff and harass
the plaintiff's family 4nd the Minor children.
S. The defendant aarees not to relOve, dllMlae, destroy, or sell any
property owned by the plaintiff or Jointly owned by the parties.
6. The defendant aMrees to stay away frail the plaintiff's rellidence
located at 26 Lucinda Drive, Corllsle, CUlberlanll county, Pennaylvanla, which the
parties have never shllred.
7. The defendant lIarees to stllY away frOM any residence the plaintiff
IlIIY In the future eatllblll!lh for herself.
8, Tho defendant, al thuullh enterlnll Intu this AareeMnt, dOllS not ad.it
the alleaatlons Ade In the Pet I t Ion.
9. The defendant vnderstands that the Protective Order entered In this
..tter shall be in effect for a period of one year,
10. The defendant understands that this Order shall bel enforceable In tho
I'" UMer all the Court 'I prior Teaporary Protective Order entered In thla case.
II. The defendant and the plaint Iff aareo to the followlna custody
schedule for their children, David Michael Palherty, II and Phillip l.a.rence
Flaherty.
a. The parties shall share leaal custody of the children.
b. The mother shall have primary physical custody of tho
children.
c. The father shall have partial custody of the children on dates
and at times mutually allreed upon by the partiea.
d. The mother and father agree that each shall notify the other
of all medical care the children receives while In that parent's
care. Each parent Ilhall not Ify the other Immediately of Medical
emeraencles which arise while the children are in that perent'lI
care.
e. The parties realize that their children's well belnll ill
paramount to any differences they mlaht have between thelllse I veil.
Therefore, they nllree that neither pnrty shall do anything which .ay
elltranlle the children from the other parent, or Injurll the opinion
of the children as to the othor parent or which may h..per the free
and natural development of the chi Idren's love or rellpect for the
other parent.
I.
II, ~it., ,,'h-
'MmREf'ORE, the p/lrtles requeet that a Protective Order be entered to
reflect the above ter.s.
~?"~, Defendant
Carey
ttornuy for Plaint
LBlAL 8DtVICl!8, 11<<l.
8 Irvine Row
Carlisle, PA 170lj
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COMMClNWEM.'nl OF PENNSYLVANIAI
COUNTY OF CUMBF~LAND
Dale E. Plaherty
VB
David M. Flaherty
In The CrHll"t of Common Pleaa of
CumberlHnd County, Pennaylvania
No. 94-1441 Civil Term
Temporary Prote~tive Order
Protection From Ahllac and Petition
for Protective Order
1
R. Thomaa Kline, sheriff, who being duly eworn according to law,
saye that on March 30, 1994 at 10t30 o'clock A.M., B.B.T., he is returning
the within Temporary Protective Order Protection From Abuse and Petition
for Protective Order aa "NO ACTION TAKEN," ae to the within named defendant
David M. Flaherty. Advieed by Legal Rervicee the Temporary Protective Order
was aerved upon defendant by their office.
"
i
Sheriff'a
DOcketing
Service
Surcharge
Costat
14.00
2.00
16.00
So Anawerel
/ '''''',;:., r.
/11. 'rhomas Kline, Sheriff
I.
Sworn and Subscribed
Thia k '
1994,
Before Me
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INSTl!J}<;1:!gN~ 'fQ_:rI1.gJ?~lfE~ANT
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lIB you know. the plulnt iff hus fllcd u I CI!Il I act ion ll11alnl'lt you under the
Protect Ion from Abusc Act and hUll obtlllned u 'l'emporury Protect I ve Ordllr. The
plaint Iff ill preparlld to have a hearln/ll held In order to obtain u Final
Protective Order effective for one (I) year.
As an alternative, you MY consent to the entry of the I"inal Protective
Order to be in effect for one year. If you are Willing to consent you Ihculd
call IAaal Services, Inc., 243-9400 or 766-8475, and aak to lpeak to the staff
person hand I ina the cue about a Consent Agree..nt.
rhe Consent ^ireement shOUld be prepared before the time scheduled for the
hearjn/ll 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 hearlna. If
the case Is uncontested. the court appearance will be brief, The judae wi J I make
sure the parties understand the Consent A/llreement and Final Protective Order.
If you do not agree to the entry of the Final Protective Order, a contested
hearinR 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 II fine of up to $1.000.00
and/or a jail sentence of up to IIlx months and other relief.
You have the rl~'ht to be represented In this matter, You should take the
I e/lla I paper8 that have already been served on you to your lawyer immediatelY.
If you do not know of an IIttorney or cllnnot afford one. you may contactt
Court Ad.lnlstrator, 4th Floor
CU.berland County Courthouse
Carlisle, PA 17013
(717) 240-6200
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DALt: \!. FJ.NIERTY,
Plaint Iff
IN TIlE COURT 01' CON<<lN PUlAIJ Of'
ClJMBl!RLAND COUNTY, PENNSYl.VANJA
NO. 94 -I#/CIVIL TEflM
PRO'\'E(.'T I ON f'RON ABUSE
v.
DAVID M. FLAHERTY,
Defendant
AND NOW, this
~l..B!QI'mrJVl! n111l11J1
~:!i.~ day of March, 1994,
upon preaentat ion and
consideration of the within Petition, and upon findlnl that the plaintiff, Dale
E. Flaherty, now residing at 26 l,ucinda Drive, Carllslu, CUaberland County,
Pennsylvania, is In Immediate and prelent danger of abuse from the defendant,
David M. Flaherty, the following Temporary Order Is entered,
The defendant, David M. Flaherty, now resldinl at 75 East Louther 8treet,
Carlisle, Cumberlnnd County, Pennsylvania, is hereby enjoined fro. phy.ically
abuslna the plaintiff, Dale E. Flaherty, or placing her in fear of abuse.
The defendant II ordllred to stay away fro. the plaintUf's residence
located lit 26 Lucinda Drive, Carlisle, cumberland County, Pennsylvania, a
residence to which the plaintiff moved to avoid abule, which is not owned or
leased by the defendant.
The defendant II hereby notified that if he violates this Order, he MY bl
In Indirect criminal contempt which II punishable by a fine not to exr.eed
'1,000.00 and/or by a sentence or up to six aonthl in jail and any other
approprlatll punishment. Resumption of co-residence on the part of the plaintiff
and defendant shall not nullify the provisions of the court order dlrectinl the
defendant to refrain from abusing the plaintiff.
The defendant Is ordered to refrain from havinl any direct or indirect
contact with thll plaintiff InclUding, but not limited to, telephone and written
communications, except for the limited purpose of facllitatlnl custody
arranaements.
The defendant Is enjolnud froll harass InK and stalklna the plaint iff and
from hara.slpK the plaintiff's faally, or her .Inor children.
The defendant is enjoined froll enterlna the plaintiff'. place of e.plo)'lllClnt
or the day care facilities of the .inor children,
The defendant Is enjoined fro. relllOvina, daaaalna, destroylnl or sellinl
any property owned Jointly by the parties or solely by the plaintiff.
Te.porary custody of David Michael Flaherty, II, and Phillip Lawrence
f'laherty, II hereby awarded to the plaintiff, Dale E. Flaherty.
This Order shall remain In effect unt II a final order Is entered In this
case, A hearlnl shall be held on this lIlatter on the Jt1- day of ~
1994, at '1:40 A-..., in Courtroom No....:t, CUllberland county Courthouse,
Carlisle, PeMsylvanla.
The plaint I ff Ilay proceed in f.onII PlWlleris pendlna a further order after
the hearina.
The CUIlberland County Sheriff's Department shall atte.pt to aake service
at the plaintiff'a request, but service lilY be accomplished under any applicable
rule of Civil Procedure.
The North Middleton Township and Carlisle Police Depart.ents will be
provided with certified copies of this Order by the plaintiff's attorney. This
Order shall be enforced by any law enforcement aaency where a violation occurs
by arrest for Indirect crllllnal contempt without warrant upon probable cause that
this Order has been violated, whether or not the Violation Is cOllNitted In the
presence of the police officer. In the event that an arrest Is llIade under this
sect ion, the defendant shall be taken wi thout unnecesBl1ry de lay before tho court
that Issued the order, When that court Is unavailable. the defendant shall be
taken before tho apprQpriate district justice. (23 P,S. I 6113).
By the Court,
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TRUf. COPY F~lOM RECORD
In T\l~ll~l~Y 'I/"il/I:I)I. I hlJrtl UlltO f",t my l\IIld
rOil tho ~~allll i\llilJ (;Olll I at Ca,H61e
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DAl.E E. I'l.AHERTY,
Plaintiff
IN '1lIl! rotJRT Of' cot.NlN PLI!.AIJ Of
CUMlIERl.NlD COUNTY, PmNlIYLVANIA
NO. 94 - 1"1"11 CIVIL TERN
PR<Y\'f.CJ'ION I'IU>>I ABUSE
v,
DA V 10M. fl.Nll':RTY,
Defendant
PJIDIJON FOR PIlOI'l'CJ'IVl! n11n1lp
lUll.IBP 1.M)l!R 11Ill PRmI!CTI<Jf fIQC AIllJIIB
ACT, 23 P.S. I 6101 et seq.
A. AIllJSB
I. The plaintiff is an adult individual whole teMporary address ia 26
Lucinda Drivo, CarliSle. CUmberland County, Pennsylvania 17013,
2. "he defendant Is an adul t individual residlnl at 75 l!aat Louther
Street, Carlisle, CUmberland County, Pennsylvania 1701.3.
3. The defendant Is the husband of the plaintiff and the father of her
two children.
4. Since apprOXimately June, 1993, the defendant has alte.pted to caulI
and has Intentionally, knowinaly, or reckleslly caused bodily injury, to the
plaintiff and by phYllcal menace has placed the plaintiff in fear of I..inent
serious bodily injury. Thla has included but Is not limited to the followlnl
specific Instances of abuser
a~ Between March 18 and 21, 1994, the defendant on several
occasslons threatened to kill the plaintiff, on or about March 18,
1994, after one luch threat the plaintiff, fearina for her life and
the safoty of her chi ldren, left the marital reaidence with her
children.
b) on or about March 8, 1994, the defendant went into the
plaintiff's bedroom whore she lay, threatened to kick her, and drew
back his les to kick her with his Iteel-toed boot, but stopped when
he realized thel!' 3 year old chl.ld. David, was Iyina at the
plslntlff'lI side.
c) In or about aid-February, 1994, es the plaintiff lOt up off of
the couch with her 22 MOnth-old son In her arMS the defendant .aid,
"No one will see this," and punched the plaint iff In the forehead
with his fist, The defendant IItruck the plaintiff with such force
that Ihe and her baby fe II backward onto the couch and both the
IIOther and child struck their heads against the wall. When the
plaintiff tried to telephone the police, the defendant knocked the
telephone from her hand and then IItood In front of the door as she
tried to leave the house. The plaint Iff sustained erythe.. and
sorenels on her forehead as II result of this incident.
d) On or about October 26, 1993, the defendant struck the
plaintiff under her chin with the back of hili hand, punched her In
the chest cauling her to fall backward over the television, Irabbed
her by her arms and slammed her agAinst the air conditioner, The
plaintiff lost conscloullnells momentarily and CaMe to a. the
defendant pulled her by the front of her IIhlrt frOM between the
couch and the coffee table where she was wedged. The defendant
draaged the plaintiff across the coffee table, scraplnl her leas
across the edge of the table. When the plaintiff grabbed her child
to try to leave the house, the defendant demanded she put the child
down so he could "finish the job"l the defendant threatened to beat
tho plaint iff" I ike a man". The plaint I ff sustained brui.es and
soreness about her body and scrapes and bleeding about her shins a.
a result of this Incident. The parties' neighbors telephoned the
Car lisle POlice DepArtment. The defendAnt was arrested and charled
with simple as~ault. A hearina on the charae~ is Icheduled before
IHatrlct Justice Correal on April 20, 1994, st IOt30 a...
e) Since approximately June, 1993, the defendant has threatened
to kill the plaintHf and hillself, threatened to kill the plaintiff
If "he ever took the children and luft him, and has threatened to
beat the hell out of her if she ever left him,
5. On or about March 18, 1994, the plaint Iff and her two ainor children
left their re~ldence at 7~ Ea~t Louther Street, Carlisle, CUmberland County,
Penn~ylvanl81 In order to avoid further abuse,
6. The plaintiff believes and therefore averl that Ihe Is In IMMediate
and present danger of abuse from the defendant and that she Is In need of
prote~tlon from such abuse.
7. The plaintiff de~lres that the defendant be prohibited froll havina
any direct or Indirect contact with the plaintiff includlna. but not limited to,
telephone and written communications, except for the limited purpole of
facilitating custody arranaementa.
8. The plaintiff desires that the defendant be enjOined from har~ssing
and ~talkina the plaintiff, and from harass ilia the plaintiff's fuily, or her
minor chi ldren,
9. The plaintiff desire" that the defendant be restrained frDa enterlnl
her place of employment and the day care facilities of her Ilnor children.
10. The plaintiff desires that the defendant be enjoined from removlna,
dANaalng, de"troylnR or selling any property owned jointly by the parties or
solely by the plaintiff.
DL...1'.XCLUSIVE POSB1lII81Of
II. The mobile home from which the plalntl ff Is asklna the Court to
exclude the defendant Is owned in the naae of Jamel Douaherty and the defendant
has never realded there, The plaintiff is no~ Ileeklna the eviction of. the
defendant frOl hi8 residence.
c.~
12. The defendant has a duty to support the plaintlf' and her .inor
children.
13. The defendant II eaployed at Carolina Freight, and has an hourly wale
af 117.17.
14. The plaintiff's income Is insufficient to provide for her .inill41
needs and those of the chi Idren unt i I such time as Ii support order can be
obtained by filina at the Domestic Relations Office.
I~. The plaint I ff Intends to pet it Ion for support within two weeks of the
Issuance of a protective order,
U. LOBBEa
16. The plaint iff asks for attorney's fellS for Leaal Services, Inc., and
filina and lervice fees of this lawsuit pursuant to the Protective frQa Abu.e
Act.
8..... STATUI! TO P\ltY'F.F.l,l JIUJBIA-.PA!J1'I:1illl
17. The plaintiff works at FroR switch ManUfacturing COllpany, and earns
an hourly rate of 112.~4.
18. The plaintiff does not have funds available to pay the fee. for
flllnM and service of this lawsuit.
F, 'J'DGlORARY-.M1WY
19. The plaintiff seeks temporAry custody of the followina chlldrenl
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IT.v.unL8,uJ''JJ1&g
All
David Michael Flaherty, II
26 I.ucl nda Dr i VI!
Car Ilsl e. PA
3 years old
0.0.8, Septellber 23, 1990
I year II MOnths old
0.0.8. April 24, 1992
Phillip Lawrence Flaherty
26 Lucinda Drive
Carlisle. PA
David /IIictlael Flaherty, 11 was born out of wedlock, Phillip Lawrence f'laherty wall
not born out of wedlock,
The children are presently in the custody of the plaintiff, Dalo E.
Flaherty, who realdea at 26 Lucinda Drive, Carlillle, CUMberland County,
Pennsylvania.
Since tholr births the children have resided with the followina persona and
at the following addressest
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aldrUIIJ
I1lI1U
Plaintiff And her friend,
JIMS Douaherty
Plaintiff and defendant
26 l.ucinda Drive
carllllle, PA
7~ East Louther Street
Carllale, PA
March 18, 1994
to the pre.ent
AUlUllt, 1993
to March 18, 1994
Plaintiff And defendant
107 West Louther Street
Carlisle, PA
Septe.ber 23, 1990
to AUIUIIt, 1993
The mother of the children Is Dale E. Flaherty, currently reaidina At 26
Lucinda Orlve, carlisle, cumberland County, Pennsylvania.
She is married.
The father of the children Is David /II. Flaherty, currently residing at 75
East Louther Street, Carlisle, CUmberland County, Pennlylvanla.
He is IIllrrled.
The plaintiff currently relldes with the followina personlt
riNIII
Relat iOlllhiD
David Michael Flaherty, II
Phillip Lawrence Flaherty
JUles Doullherty
her son
her aon
her friend
20. The plaintiff has not preViouslY participated In any IItlaatlon
concernina custody of the above mentioned children in this or any other Court.
2\. The plaint iff has no knowledae of any cuatody proceedings concernlna
these children pendinl before a court In this or any other jurisdiction.
22. The plaint iff does not know uf any person not a party to this actio"
who haa physical custody of the children or claims to have custody or visitation
riahts with respect to the children.
23. The "ut loteruts and peraanent we I fare of the children will be ..t
if cUltody Is temporarily aranted to the plaintiff pendina a hearlna In this
litter because t
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 approprlata role model for
the children.
c. The defe"dant has demonlltrated by his behavior
which adversely affected the children that he Is not a
relponslble caretaker for the children.
WllElU!FORl!, pursuant to the provisions of the "Protection fro. Abuse Act"
of October 7, 1976, 23 P.S. 8 6101 11 ~" as amended, the plaintiff prays this
Honorable Court to arant the followlna relleft
A. Orant a Temporary Order pursuant to the "Protect Ion froll Abule Act t"
I. Orderlna the defendant to refrain frOM abusinl the
plaintiff or placlna her In fear of abuse I
2. Orderlna the defendant to refrain from havlna any direct
or Indirect contact with the plaintiff Includlna, but not
limited to, telephone alld written communlcatlonl, except to
facilitate custody arrangements I
3. Ordering the defendant to refrain from haraasina and
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stalkinl the plaint i ff and from harassing the plaint! ff '.
family and h~r minor chlldrenl
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4. Prohibitina the defendant fro. entlrinl the plaintiff'.
place of employaent and the day care facilitie. of tho Minor
chlldrenl
5. Prohibitinl the defendant froa reaovlnl, d...ainl,
deatroylna or sellina property jointly owned by the partie. or
solely by the plaintiffl
6. Orderinl the defendant to Itay away frOl the re.ldlncl
located at 26 l.ucinda Drive, Carliale, cullberland count)',
Pennsylvania, which the part i.. have never .haredl
7. Orderina the defendant to stay away fro. any re.idlnce
the plaintiff may in the future eltablilh for herself,
8. Orantlna teMporary cUltody of the .inor children, David
Michael Flaherty, II, and Phillip Lawrence Flaherty, to the
plaint iff.
I). Schedule a hearlna In accordance with the provi.iona of the
"Protect Ion from Abuse Act ," and, after such hearina, enter an order
to be In effect for a period of one yearl
I. Orderin8 the defendant to refrain fro. abusina thl
plaintiff or placin8 her In fear of abuse.
2. Orderlnl the defendant to refrain frOll hovln8 any direct
or Indirect contact with the plaintiff includlnl, but not
Ihlited to, telephone and written co_unicaUons, except to
facilitate custody arranaements.
3. Orderinll the defendant to refrain frail llaralsina and
etalkina the plainU ff and frOll haraseinl the plainti ff '.
f6ll1ly and her minor children,
4. Prohibitin. thl dlfendant froQ enterina the plaintiff'.
placl of I.ployaent and thl day carl facilitil~ of thl .inor
childrln.
5. Prohibit in. thl defendant fro. reaovin., dlaalinl,
d..troylna or 1lIIlina property jointly owned by thl parti.. or
.0111Y by thl plaintiff.
6. Ordlrina the dlflndant to stay away fro. thl rlsidence
located at 26 Lucinda Drivl, Carlhile, cuaberland County,
Pennsylvania, which the parti.. have nlver shared.
7. Ordlrina thl dlfendant to stay away fro. any residlnc.
thl plaintiff lAY in the future eltablish for hlrsllf.
8. Orantlnasupport to the plaint iff and hlr .inor children
in the amount of $170.00 per week payable to thl plaintiff in
the form of a chick or money order, lAiled to her rlaidence.
9. Orderina the defendant to pay all costa of fi Iina and
servicl of this lawsuit and attorney's fllea to Lepl SerVices,
Inc.
The plaintiff further asks that this Petition be filad and servld without
payaent of coata. pendlna a furthlr order at the hearina, and that clrtifild
c:opila of this Petition and Order be delivered to the North Middleton Township
and Carliall Police Departments with juriSdiction to enforce thil Ordlr.
Thl plaintiff prays for such other relief as lAY be just and proper.
Respectfully SubMitted,
(, J/()
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oan Carey, Attornll)' for Plaintiff
LlIlAL 8\!RVICE8, INC.
8 Irvine Row
carlisle, PA 17013
The abov.~naaed plaintiff, Dale ~. Plaherty, verifiel that the .tat...nt.
IIIdI in thl abovI Pit it Ion arl true and correct. The plaintiff underltand. that
fal.. .tatl..ntl horlln are ald. .ubj.ct to the penaltil' of 18 Pa. c.lI. I 4904
r.latin. to un.worn fal.ification to authoriti...
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VI.
IN THE COURT Of COMMON PLIAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. CUSTODY
DALE E. FLAHERTY,
P1llntl"/PttltIQnl'
DAVID M. FLAHERTY,
DlrlndlnI/RI.pond.nt
NO. 84. 1441 CIVIL TERM
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, tll
IN CUSTODY
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NOW comes DALE E, FLAHERTY, by and through her attorneys, FLOWe'A, MeRGENTHAL,
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FLOWER & LINDSAY, P,C" and petitions this Honorable Court as follows:
1. Petitioner Is an adult Individual who resides at 26 Lucinda Drive, Carlisle, Cumberland
County, Pennsylvania 17013,
2. Respondent Is an adult Individual who resides at 23 H SI. Crall< Place, Greensboro,
North Carolina 27410.
3. The parties ere husband end wife, having been joined In marriage on November 3,
1990.
4. On September 5, 1995, Petitioner flied a Complaint In Divorce to the No, 95 ._,
Civil Term,
5. The parties are parent of two children: David Michael Flaherty, II, born September
23, 1990; and Philip Lawrence Flaherty, born April 24, 1992.
e. On or about March 24, 1994, Petitioner flied a Petition for Relief pursuant to the
Protection From Abuse Act to the caption stated ebove. A Temporary Order was entered on
March 24, 1994, and on March 29, 1994 a Consent Agreement was entered Into by the parties
.:\I""lllon,'.. 111" 4lll1II.Yl.//I
hereto. Said Consent Agreement gave primary physical custody of the pertles' children to
Petitioner. A copy of the Petition for a Protective Order, the Temporary Prolectlve Order and the
Protective Order of March 30, 1994 attached hereto as Exhibit "A". Said Protective Order provided
primary physical custody of the children to Petitioner herein for a period of one year from the date
of the Order.
7. Since March, 1994, the parties have been separated, and Petitioner has had primary
physical and de facto custody of the children.
e. In January, 1995, RAspondent relocated to Greensboro, North Carolina.
9. Petitioner seeks to confirm custody of her children In herself with reasonable rights
of partial custody to Respondent.
WHEREFORE, Petitioner prays this Honorable Court to provide to her custody of David
Michael Flaherty, !land Philip Lawrence Flaherty, with such times of partial custody to Respondent
a8 the parties shall agree.
FLOWER, MORQENTHAL FLOWER Ie LINDSAY, P.C.
Attorn.v. for Plalntlff/Petltlon.r
By:
Date:_.c:;.; rrf ,~ /tJtJj--
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I, Ihe underllgned, hereby verify Ihallhe slalements made herein ere true end correct.
I underltand Ihal la'le Italemenll herein are made subject to Ihe penaltlel 01 18 Pa. C.8. .
4904, relating to unsworn lalslflcallon to aulhorltles.
':sal-t. 6 ~tClh bllu}
Dale Eo Flaherty "'"0
Dale: ..!>~ xitpl 95
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EXHIBIT
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MAR p~; 19141'
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IW.I I. P'LAHIITY , I IN '111I CXlUIlT OF tell.QI Pr..IAI 0'
PlalnUff I
I aHI~ CIOlM'Y, PlNHmVANIA
v. I I,
I NO. ,.. - 1..1 CIVIL TQN
DAVID N. Pl.AtIIIln' , I
Def.ndant , PIOTICrICW I'IQI ABUSI
PIO.a&..:rI.IW "'''11
AND NOW, thi. ~da)o of =rn~, 19lil4, upon con.icler.Cion 0' the
Cl)n..nt Alr....nt ot lhe parti.., Chit tollowlnt Otd.r I. ent.ttcll
1. Th. d.tendanc, David N. 'liberty, I. .nJoln.d trOll ph)'l1cally &bu.ln.
the plaint I" or 'rol pllein. her In tear of abut..
2. Th. daf.ndant I. .njoin.d fro. hlvin. any dir.ct or indlr.ct con'.ct
wUh thl plainUt, InclwUn., bu, not Ihlu.d to, t.l.pl\onl and writt.n
CO..unlcaUOIle, exc.pt tor the llaUed purpoII of taci Ii t.tin. CUltody
arran....nt. .
3. The clef.ndant i. prohlbit.d trom Intlrln. thl pl.lntlff'. plac. ot
I.ployalnt and ,he day c.t. 'aolllti.. of thl ohildrln.
4. The d.t.ndant i. ord.r.d to r.frain trom har...i", and st.lkin. the
plalntitt and froa har...i", the plalntltt'. f..lly and the linor ohlldtln.
5. The dal'endant i. prohibit.d from rellOvin., dua,l", , danroYln, or
'Illln. any propart)' own.d by chi plaintiff or jointly owned b)' the parti..,
8. Th. d.f.ndan, ie ord.red to .'ay AW'Y (tOIll the pl'intift'. tllid.nol
loclted I' 28 Lucinda Driv., Clrll.I., C\la\berlllld COUnty, Penn'YlvlIlla, whloh Che
part III have n,v.t .hlred.
7. Th. d.flndant il ordlrld to Slay away frOll any r..idlnol the
pl.intitt ..y In the lUlUI'I I.tlbli.h tor hlt'llf,
I. Clletody .chtdull of the parti..' chlidren, DAvid Michael ,.I'-rty,
If Iftd PhilUp L..hIMGI '1I.I'IIIrty, 'hall b. al (OliO".,
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., Th. ,.rU.. Ihall I.' i...i lNItOd1 ot elle chUdren.
b) TM ~th... 'Ml1 baWl pri.....y Pb,y.ical DUetoct)' ot Che
cbildt.n,
0) TIll t.thtl' 'MlI baWl ,"Ual cu.tocSy or Che ohUdnn on dat..
and at Uu. IIUtually ..rlld llPOIl by the pUU'lo
dl The IIOthlr and tather lhaU notity the otMr ot III .dieai
earo tM children rlc.i.. whU. in thac paront '. eare, lach peront
.hall notlly tM othlt i_dilt.i)' ot _leai ..r..noi.. which
ari.1 whill thl ehildrln or. in tMt parlnt'. ear..
.) Thl cblldrln'. nil bein,s i. PlU'aaollllt to Ill)" ditt.rancI. Chi
parU.. IIIl.ht h.vI b.tRIII th....1Wl.. TheretoI", n.Uh.r party
.haU do any thin. which M1 IItr&l1ll thl chUdrlll trOll thl othll'
par.nt, or inJvr. the opinion ot the ohildrln .. tD the oth.r par.nt
or which ..y hupet thl tI'll and natllral dlv.io_nt ot the
cbildrln'. 10YI or t"pect tor the othlr par.nt.
D, TIll. Ordlr .hall r...in in .tt.ot tor a periOd ot one ye.r.
10. Thl NQrth Middllton TOwn.hlp end cariill. Polic. Dlpart..nt. ,hall
be providld with c.rtiti.d copi.. ot thi. Ord.r bf thl plaintitf'. .ttomlY and
~ Intorol Chi. Ord.r by arr..t tor indir.ct criMinal cont.~t withollt "artant
Ilpon prob.bl. Cl&1l.. that thi. Ordlr hu be.n .,lOI.tld, _thlr or not thl
viol.tion i. coaaittld in thl pr...nc. of thl polioe ottloer, In t~. lVent that
an orrllt il IUd. IIIId.r thi, IICUon, thl det.ndant .haU be tlken without
11II".01...1')' delay blfor. thl collrt that l..uld the Order. When that collrt I..
llnaV,Uabll, the d.flndant ,hall be talcln befor. the iPPrOpri.... diltrict
JIlIt.icI. (23 P.s. I 811.3).
TRUE C~py FROM "r:r:CRD
I" TOlt!mrrl'l ,.,,~,Ir.f\', I f".~; ',' ',";' '," my hind
Ind Iho lU~ ~,,,l Cr.I,; CI ',:ll.'!:~b, I'~.
Thll ","'.t""." d4y cf. ""n::\~ " ''''~.
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By the CoIlrt,
Plaint iff
IN 111! COURT Of aM<<lN PLI'.M OF
CUIIlI!RLAND COUNTY, PfJiNSYLVANIA
NO. 94 -/4111 CIVIl. 1'ERN
PROIl'.CI' I ON \'ROM ABUSE
DALE I. fLAtlJRTV,
v.
DAVID N. I'LAHERTY,
Defendant
'I'IIiIPOIWlV ~IVB IlRfl'JI
AND NOW, thil ~ day of March, 1994, uJlC)n prlllntation and
consideration of the within Petition, and upon findinl that the plaintiff, DAle
B. Flaherty, now resldinl at 26 l.ucinda Drive, Carlisie, C\laberland County,
P.nnaYlvania, il In I~ediate and present danllr of abuse frOM the defendant,
DAvid N. Flaherty, the followina TeID~rary Order i. entered.
The defendant, David M. Flaherty, now rftsidinl at 75 Ealt Louthlr Streit,
Carlisle, cumberland County, Pennsylvania, la hereby enjoined from physically
abusina the plaintiff, Dale E. Flaherty, or placina her in fear of abusI.
The defendant is ordered to stay away froID the plaintiff's residence
located at 26 Lucinda Drive, Carlisle. cwnberland County, Pennsylvania, a
residence to which the plaintiff moved to avoid abuse, which is not owned or
leased by the defendant.
The defendant is hereby notified that if he violates this Order, he .ay bl
hI indirect criminal contempt which ia punishable by a fine not to .xceed
'1,000.00 and/or by a sentence of up to six aontlls in jail and any other
appropriate punishment. Resumption of co-reaidence on the part of the plaintiff
and defendant shall not nUllify the prOVisions of the court order directina the
defendant to refrain from abulinl the plaintiff.
The defendant Is ordered to refrain from havinl any direct or Indirect
contact with the plaintiff Includina, but. not limited to, telephone and written
communications, except for the liaited purpose of facilitatinl custody
arran...ents.
Thl deflndant i. enjoined froa hlra..in, and .talkln, thl plaintiff and
fr~ hera..in, the plaintiff's faaily, or her ainor children.
The deflndant is Injoined frOllenterina the plaintiff'. plac. of e.ploYIIlnt
or the day carl facilitil' of the ainor childrln.
Thl dlflndant i. InJoin.d froa relOvin,, daaalina, deltroyina or sellin,
any property owned jointly by the partila or .olely by the plaintiff.
Teaporary cuatody of David Michael Flaherty, 11, and Phillip LawrencI
Plsherty, i. hereby awarded to thl plaintiff, Dale E. f'laherty.
This Order shall reaain In effect until a final order I. Interld in thi.
call. A heerin, .hall be held on thia utt.r on the . ~j~ day of ~
1994, at 1:!o if ..., in CourtrOClll No.~, CIlIIberland County Courthou.e,
Carliall, Penn.ylvania.
Thl plaintiff ..y proceed 10 ~ DaUDlria pendinl a further order after
the hearina.
Thl cuaberland county Sheriff's Department shall atteapt to uke .ervice
at thl plaintiff'l reque.t, but aervice may be accomplished under anyapplicabll
rule or Civil Procedure.
Thl North Middleton Township and Carlisle Police Depart..nt. will be
providsd with clrtlfild copiel of this Order by the plaintiff's attorney. Thi.
Order lhall be enforced by any law enforcement aaency where a violation occur.
byarrl.t for indirect cri.inal conteapt without warrant upon probable cause that
this Order has been violated, whether or not the violation Is cOIDitted in the
preslnce of the police officer. In the event that an arrest i. lade undlr thi.
section, the dlfendant shall be taken without unnecessary delay before thl court
that i.auld the order. When that court Is unavailable, the defendant .hall be
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takln blfQr. thl appropriate ~i.trict ju.ticI. (23 P.8. I 6113).
By the Court,
If J P"J(~J1"~' 'f~
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TRU~ <::.(lpy FR~~."i i-\!!COtlO
In rr, /".1~ I ~' \',' tlltt'., I ,~...i') ,1./(,,' .;'~ ,ny l'.illd
f''''i [I.", $'".1 /" ;:,'.'111 i;;., t:lll( (i~rtMe, f'I.
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DALE E. Pl.NIERTY. I IN 11IJ! OOURT Of' CXM<<lH PLW 01'
Plaintiff I
I ClJIBl!RLAND COUNTY, PENNSYLVANIA
v. I
I NO. 94 - CIVIl. Tl.lllN
DAVID M. I'I..NI1lR1'Y , I
Defendlllt I PR<n'ECTION I'IU>>I AIllISE
NOTICE
You have been .ued in court. If you wish to defend a.ainst the clai.. .et
forth in the followin. paaes, you must take action promptly after this Petition,
Order and Notice are served, by appearina personally or by attorney at the
hearin. scheduled by the Court and prasent In. to the Court your defenses or
objections to the claims sot forth a.ninst you. You are warned that if yoU fail
to do 10 the Court may proceed without you, and a Judgment may be entered aaainst
you by the Court without further notice for any money claimed in the Pit it ion or
for any othlr olaim or relief requested by the plaintiff. You..y lose IOney or
property or other riaht8 important to you.
YOU 8IIXILD TAKE nus PAPI!R TO YOOlt LAWYER AT ONCE. IF YOU DO I<<>T tfAW A
LAWYER OR CANt<<Yl' APFORl> ON! , 00 TO OR '\'J!'J..EIltQm 11IJ! OPFICI! 8BT JIORJ'II IIII.Off TO
PIND our MI1!RE YOU CAN OBT LmAL HELP.
COURT An'tIINI5TRATOR, 4th f1.OOR
Cl)MBERLANI) COUNTY COlJR'MfOUSE
CARLI Sl.E , PENNSYLVANIA 17013
TELEPHONE NUMBER I (717) 240-6200
DAl.l! E. f'LNfJ!RTV f
Plaint iff
IN 111! OOURT OF ~ PLEAS OF
ClMIIRLAND OOlM'V, PENNSYLVANIA
v.
NO. 94 -
CIVIL Tl!.RM
DAV I D M. f'LNfJ!RTY ,
Defendant
PROI'l!CT I ON P\IDol ABUSE
pBTlTl(II IUl I'IIlYIY1.a'IVl! naNrlt
IULIIlF llIDI!R 1111 r.>rb.1'I<Jf .... AIlU8B
ACT, 23 P.I. I 6101 .t seq.
A. AIlUIIB
I. The plaintiff is an adult individual whos. tl.porary addres. i. 26
Luoinda Drive, Csrlisle, cumberland County, Pennsylvania 17013.
2. The defendant is an adul t individual rtsidina at 75 J!Aat Louthlr
Street, Carll.I., CUmberland County, Pennsylvania 17013.
3. 1'he defendant is the husband of the plaintiff and the father of her
two children.
4. Since approxilllAtely June, 1993, thll defendant has atteMpted to cau'l
and haa Intentionally, knoWlllaly, or rlcklellly cauald bodily injury, to thl
plaintiff and by physical menace haa placed the plaintiff in fear of i_inlnt
serious bodily Injury. Thil has included but is not liMited to thl followin.
speci fic Instances of abuse t
al Between March 18 and 21, 1994. the defendant on slvlral
accsssions threatened to kill the plaintiff. on or about March 18,
1994, after one such threat the plaintiff, fearinl for her life and
the safety of her children, left the Nrital rlsidlnce with hlr
children.
b) on or aboUt March 8, 1994, the defendant went Into thl
plaintiff's bedroom where she lay, threatlnld to kick her, and drew
back hie leR to kick her wi th hie steel-toed boot, but stopped whln
he rlalized thelr 3 )'IU old child, David, w.. I)'illl It the
plaintiff'. .idl.
c) In or about .id-Flbruary, 1994, II the plaintiff lOt up otf of
the couoh with hlr 22 acnth-old .on in her .r.. the d.flndant ..id,
"No on. will lie thi.." and punch.d the plaintiff In thl for. head
with hil tilt. The defendant .truck the plaintiff with luch forcl
that .hl and her baby tell backward onto the couch and both thl
acthlr and child struck their head. aaal,nlt thl wall. When thl
plaintiff tried to telephone the police, the dlfendant knock.d thl
tllephone fro. her hand and then .tood In tront of the door al shl
trild to IGave the house. The plaintiff lu.tained erythlll and
.orene.a on her forehead la a reault of thi. Incident.
d) on or about October 26, 1993, the defendant Itruck thl
plaintiff under her chin with the back of his hand, punched her In
the chest cau.ina her to fall backward over the television, .rabbed
hlr by h.r arms and .I....d her aaainlt the air c:onditionlr. ThI
plaintiff lost consciousness momentarily and CIII to II thl
d.fendant pulled h.r by the front of h.r shirt frOll betwe.n thl
couch and the coffee table where she was wedled. The defendant
dralled the plaintiff acroll the coffee table, Icrapin. her Ie..
acro.. the edle of the table. When the plaintiff .rabbld hlr child
to try to leave the hOUle, the defendant d.mand.d .he put thl child
down so h. could "fini.h the job" I the defendant threatened to beat
,
thl plaint iff "like a IIA/l". The plaint Iff suatained bruilll and
.orene.a about har body and scrapes and bleedina about h.r shins II
a r.ault of this Incident, The partlol' neilhbora t.llphon.d thl
CArlisle Police Department. The defendant was errasted and char.ed
,..."..-,',
with Ilmple allault. A haarina on the char"1 ia .chedul.d blforl
Di.trlct JUltice Correal on April 20, 1994, .t 10t30 ....
a) Since approxi..tely June, 1993, thl dlfendant haa threat.nld
to kill the plaintiff and hl"llf, threatened to kill thl plaintiff
if Ihe ever took thl childr.n and 11ft hi., and haa thrlatenld to
beat the hell out of her if .he Iver 11ft hi..
5. on or about March 18, 1994, the plaintiff and h.r two .inor children
11ft their residence at 75 East Louther IItreet, carli.le, CO.berland county,
Pennlylvania, In order to avoid furthlr abuse.
6. The plaintiff believel and ther~fore averl that Ihe i. In I...diata
and present danaer of abuse frOM the defendant and that sha ia in nled of
protection frea luch abule.
7, The plaintiff desires that the defendant be prohibited fro. havin.
any direct or indirect contact with the plaintiff includin., but not liaitld to,
telephone and written communicationl, except for the limited purpo.I of
facllitatioa custody arranaements.
8. The plaintiff delires that the defendant be enjoined frea harae.inM
and .talkina the plaintiff, and frOM hara.sina the plaintiff's f..ily, or her
ainor chi Idren.
9. The plaintiff desires that thl defendant be re.tralned fro. Interina
hlr place of eaployment and the day care facilitiel of har alnor children.
10. The plalntlfr desires that the defendant be enjoined frea reaovina,
d..aaina, destroylna or selllna any property owned jointly by the parties or
solely by the plaintiff,
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B. BXCUISIVB POIISr.aSI,*
The mobile hOllle frOll which the plaintiff ia askln. the court to
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exclude the defendant is owned In the n..e of James Douaherty and the daflndant
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hae nlvll' rl.idld therl. The plaintiff Is not .elklna the Ivlction of the
d.flndlnt frea hi. rl.idlnc..
C. IIlJPIUlT
12. The deflndant Iul. a duty to support the plaintiff and hlr .inor
chi Idren.
13. The d.fondant i. I.pioy.d at carolinal'rllilht, and hat an houriy Will
of 117.17.
14. The plaintiff'. IncOM i. insuffici.nt to provldl for h.r .inlul
nl.li. and tho.. of thl chi Idren unt i I such t i.. a. a support ord.r can be
obtain.d by filinl at the Do"ltlc Relations Offic..
15. Th. plaint iff intends to petl tlon for lupport within two weeks of thl
i..uance of a protective order,
D. LOIlUII
Iii. The plaintiff aaks for attorney's fees for Leaal Servicea, Inc.. and
filinl and .ervice feea of this lawsuit purluant to the Protective ,rea Abu.I
Act.
B. STAro8 TO PfItV'F.F.I'l IN FORMA PAUPmIS
17. The plaintiff works at Proa Switch Manufacturina company, and I&rn.
an hourly rate of 112.54.
18. The plaintiff does not have funds available to pay the filS for
filinl and service of this lawsuit,
P. 1DIPORARY CUSTODY
19. The plaintiff aeekl te~porary custody of the followlnl childrent
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Present Reaidence
All
David Michael Plaherty, II
26 Lucinda Drive
carlisle. PA
3 Ylau old
D.0.8. Septe.ber 23, 1990
I year II tontha old
0.0.8. April 24, 1992
Phillip Lawrence Plaherty
26 Lucinda Drive
car lis Ie, PA
o.vid Mlcha.1 Plaherty, II was born out of wedlockl Phillip lA.uncI PlahertY.1I
not born out of wedlock.
The children are present Iy in the custody ot the plaint ift, 0.11 II.
Plahlrty, who resides at 26 Lucinda DrivI, Carll. I., cu.berland County,
PeM.ylvania.
lIince their births the children haVI reelded with the followin. penon. and
at thl followina addresses I
HIlI Addr..I..
IlI1U
Plaintiff and her friend, 26 Lucinda Drive
J...I Douaherty Carlisi., PA
Plaintiff and defendant 75 East Louthlr Street
Carli.ll, PA
Plaintiff and d.fendant 107 West Louthar IItreet
Carliall, PA
March 18, 1994
to the pre.lnt
Auau.t, 1993
to March 18, 1994
lI.pteaber 23, 1990
to Auaust, 1993
The MOther of the children is Dale E. Flahlrty, currently residina at 26
Lucinda Drive, Carlllle. cumberland County, Pennsylvania.
She II IIlArrled.
The father of the children II David M. Flaherty, currently residina at 75
East Louther Street, carlisle, CUmberland County, Pennsylvania.
He Is IIlArrled.
The plaintiff currently resldea with the followina persons I
ra.
RalatiDlUlhlD
her son
her son
her friend
David Michaal Flaherty, II
Phillip Lawrence Flaherty
Jues Dou.herty
20. The plaintiff haa not previoully participated In any Iitiption
concernina cu.tody of the above mentlon.d childrln in thia or any othlr Court.
21. The plaintiff has no knowledal of any custody proclldin.s conc.rnin.
thlle children pendln. before a court In this or any oth.r jurisdiction.
22. The plaint iff doee not Jcnow of any penon not a part)' to thie action
who haI phyeical cu.tody of thl children or ciai.. to have cu.tod)' or vi.itation
riaht. with rlapect to the childrln.
23. Thl be.t int.reet. and peraanent we I fare of the childrln will btI at
if cu.tod)' ie te.porarily aranted to the plaintiff plndllll a hearina in thl,
MUir btlcaulI t
a. The plaint iff i. a fit parent who can bellt take
care of the children,
b. Thl defendant ha. Ihcwn by hla abu.e of the
plaintiff that he Is not an appropriate roll aodel for
the children.
c. The def.ndant ha. delllOnatrated by hi. behavior
which adv.r.ely affected the children that hi I. not a
r'Bponlible caretaker for the children.
WHl!Rl!f"OIlE, pursuant to the provisions of the "Protection fro. Abu.e Act"
of Octoblr 7, 1976, 23 P.S. 161011110., as lIIIended, the plaintiff pray. thi.
Honorabll Court to ,rant the followina relieft
A. Grant a Temporary Order pursuant to the "Protect Ion frOll Abuse Act I"
.. Order in, the defendant to refrain fro. abuainl the
plaintiff or placina her in fear of abusel
2. Ordlr In, the defendant to refrain frOll havinl any dirlct
or indiract contact with the plaintiff Includilll, but not
11.lted to, telephone and written communications, exclpt to
facilitate custody arr~naementsl
3. Orderlnl the defendant to refrain frOM harasaina and
stalkina the plaint iff and frolll haraasln, the plaintiff'.
fully and her alnor children,
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4. Prohibitina thl def.ndant frOl Interina thl plaintiff'a
placl of e.ployaent and the day carl facilitill of the ainor
children I
5. Prohibitin. the d.flndant fr~ r.aovina, ~ina,
dlltroyin. or ..Ilina prcperty jointly owned by the parti.. or
solely by the plaintiff,
6. Orderlna thl defendant to Itay away frOll the reaidencI
located at 26 Lucinda Drlvl, carlilll, CUllblrland County,
Pennsylvania, which the plrtil. have never lharld,
7. Orderina the d.f.ndant to stay away frOB any rlaidlncl
the plaintiff May in the future latablilh for herlllf,
8. Orantln. teaporary custody of the .inor childrln, David
Michael Flaherty, II, and Phillip Lawrence Plaherty, to thl
plaint! ff.
8. Schedule a hearina in accordance with the provilion. of the
"Protection frOlll Abuse Act," and, after such hlarina, Inter an ordlr
to be in effect for a period of one )'earl
1. Order in. the d.fendant to refrain frOll abueirll the
plaintiff or placin. hlr In flar of abu'l.
2. Ordlrlna the deflndant t,o refrain frOll havirll any dhlct
or indirect contact with thl plaint i ff includina, but lIOt
Ilalted to, t.lephonl and writt.n ~ication., IXClpt to
facilitllte custody arran....nt..
3. Orderina the dlflndant to refrain frOl hara..irll and
atalklna the plaintiff and frOll bara..ina the plaintiff'.
faallyand her Minor childr.n.
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4. Prohibitin. the defendant fru. ent.rine the plaintiff'.
plael of laplo~nt and the day c.r. facilitil' of the .ioor
childrln.
5. Prohibit ina the defendant fro. rlllOvinl, dualine,
dl.tro)'ina or .ellin. property jointly owned by the partll' or
.olel)' by thl plaintiff.
6. Orderina the deflndant to .tay away fru. the rl.idenc,
locat.d at 26 l.ucinda DrivI, CArli.I., CWIberland Count)',
PennlYlvania, which thl part ill haVI n.v.r lharld.
7. Orderina the defendant to stay away fru. any rl.id.nel
the plaintiff ..y in the future establi.h for her.elf.
8. OranUna support to the plaintiff and her .inor childrln
in the -.aunt of '170.00 per week payable to the plaintiff in
the for. of a ch.ck or aoney ord.r, ..iled to her rl.idlnel.
9. Orderinl the defendant to pay all cost. of filine and
lervicI of this lawlult and attorney's fee. to LlIAI ServicI.,
Inc.
The plaintiff furthlr a.ks that thil Petition be filed and .erved without
~Int of costl, pendina a furth.r order at the hearinl, and that certifild
copial of thil Petition and Order be dellverld to the North Middleton Town.hip
and Carlilll Police Depart.lnta with jurisdiction to enforce thi. Ordlr.
The plaintiff prays for .uch other relief as IIY be juat and proper.
Relpectfully sub.itted.
I'D
,...((--.J ~'t.,-,,-
an Carey, Attorne~ for Plaintiff
laW. SI!ItVICBS, INC.
8 Irvinl Row
C'rlille, PA 17013
,..~~JJ ,;~i!:', " ,
The lbov.-nuec1 plaintiff, Dal. E. Plaherty, verili., that the .tlt..ntl
IIIdI in the aboVI Plti lion Ire truI and COrflct. The pi lint ill und.retandl that
111.1 Itltl.-nt. hlrlin Ire ald. .ubJlct to the penaltill of 18 Pa. c... I 4804
r.latina to unlworn fll.ification to .uthoritil'.
Datll~ 'nbo 9f
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