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HomeMy WebLinkAbout94-01838 iJ a' \... c!J ;J J ! 00 '. (") '00 - ,~ " ,~t;, - ~ ~ . ;t , vs, IN TUB COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA No, 94-1838 CIVIL TERM PROTECTION FROM ABUSE Sharon L, Brandt. Plaintiff Samuel E, Brandt, Jr, Defendant PRAECIPE TO WITHDRAW ACTION The plaintiff in the above-captioned case requests that the Petition for Protection from Abuse filed on April 11. 1994, be withdrawn. and the Temporarv Protective Order be vacated, To Lawrence E, Welker Prothonotary 19 PIa tiff ..> . , .. No, 94-1838 Civil Term Sharon L, Brandt. Plaintiff vs. Samuel E, Brandt. Jr, P RAE C I P E Filed 19 Joan Carev , Atty, LEGAL SERVICES, INC, ," , ..~.~ r::,,,, '"t!:t.:_ ~11;:,"'::," ~f~',:: :; ,_',r. ..u ....1,'.7':..1 ~"o"'':':!! ~.-:-I:n i; :-..~ :::,.., or.. ...", ~-< X> ... ... ...... C5 c::. ... It-- ::0: - c.D .- SHARON L. BRANDT, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA for herself and on behalf of her minor children: LINDSEY p, BRANDT STACEY M, BRANDT CIVIL ACTION - LAW NO,94- , 13" CIVIL TERM vs, SAMUEL E BRANDT, JR. Defendant PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTIVE ORDER AND NOW, this II t;;a day of April, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Sharon L, Brandt and her minor children, now residing at 1481 Cockley Meadow Drive, Boiling Springs, Cumberland County, Pennsylvania, are in immediate and present danger of abuse from the defendant, Samuel E, Brandt,the following Temporary Order is entered, The defendant, Samuel E, Brandt, now residing at 298 S, Geyers Church Road, Middletown, Dauphin County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Sharon L, Brandt, or her children and placing them in fear of abuse, Temporary custody of Lindsey p, Brandt and Stacey M, Brandt is hereby awarded to the plaintiff, Sharon L, Brandt, This Order shall remain in effect unti I case, A hearing ~hall be held on this matter a final orde~ entered in this on the ;../ day of April, 1994, at ~,m, in Courtroom NO,~, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma pauperis pending a further order after the hearing, The Cumberland County Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of civil Procedure. The camp Hill and Pennsylvania State Police Departments will be provided with a copy of this Order by attorneys for the plaintiff, 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, the defendant shall not be taken to jail but shall be taken without unnecessary delay before the court that issued the Order, When that court is unavailable, the defendant shall be arraigned before a district justice, who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure (23 Pa,C,S.A. Section 6113). By the Court, \-\tAw\ E . XLv,. SIfARON L, BRANDT, Plaint I ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA for herself and on behalf of her minor children: LINDSEY P. BRANDT STACEY M, BRANDT CIVIL ACTION - LAW NO,94- 1338' CIVIL TERM vs, SAMUEL E BRANDT, J, Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court, If 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 monp.y or property or other rights important to you, YOU SHOULD TAKE TIiIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIi BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTIiOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 SHARON L. BRANDT. Plaintiff IN TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA for herself and on behalf of her minor children: LINDSEY P. BRANDT STACEY M. BRANDT CIVIL ACTION - LAW 00.94- /1l,3ll' CIVIL TERM VS. SAMUEL E BRANDT, JR. Defendant PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER TIm PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 1481 Cockley Meadow Drive, Boiling Springs. Cumberiand County, Pennsylvania. 17007. The plaintiff brings this action for herself and her minor children. 2. The defendant is an adult individual residing at 298 S. Geyers Church Road, Middletown. Dauphin County, Pennsylvania. 17057. 3. The defendant is the plaintiff's husband and father of the plaintiff's children. 4. Since approximately June 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and her children and by physical menace has placed the plaintiff and her children in fear of imminent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a. On or about March 27, 1994, the defendant grabbed the plaintiff's arm, twisted her arm, and threw her to the floor. When the plaintiff got to her feet, the defendant grabbed her by the shoulders and shoved her backwards, causing the plaintiff to fall over the coffee table to the floor. The defendant then grabbed the plaintiff by her forearm, drew back his fist, and punched the plaintiff in the side of the head. causing a laceration that required medical attention. b. In or around March 1994, the defendant pushed the parties' nine year old daughter against the coffee table. The child sustained a large bruise on her hip. c. In or around February 1994, the defendant punched the parties' daughter in her back. The child sustained soreness and bruising to her back. d. In or around August 1993, through November 1993, the defendant on several occasions abused the plaintiff in ways including, but not limited to, pushing and shoving her. e. In or around August 1993, the defendant put a loaded gun in his mouth and threatened to pull the trigger while the plaintiff was standing there. f. In or around June 1993, the defendant pushed the plaintiff on several occasions. 5. The plaintiff believes and therefore avers that she and her children are in immediate and present danger of abuse from the defendant and that she and her children are in need of protection from such abuse. B. TEMPORARY CUSTODY 6. The plaintiff seeks temporary custody of the following children: Name Lindsey Paige Brandt Present Residence 1481 Cockley Meadow Dr. Boiling Springs, PA 17007 AIm 9 Stacey May Brandt 1481 Cockley Meadow Dr. Boiling Springs, PA 17007 8 The children were not born out of wedlock. The children are presently in the custody of Sharon L. Brandt who resides at 1481 Cockley Meadow Dr., Boiling Springs, Pennsylvania, 17007. During the past five years, the children have resided with the foilowing persons and at the following addresses: ~ defendant and plaintiff plaint iff Addresses 1481 Cockley Meadow Dr. Boiling Springs, PA 17007 1481 Cockley Meadow Dr. Boiling Springs, PA 17007 .I2liln JUly 1986- March 27, 1994 March 27, 1994 Present The mother of the children is sharon L. Brandt, currently residing at 1481 Cockley Meadow Dr., Boiling Springs, Pennsylvania, 17007. She is married. The father of the children is Samuel E. Brandt Jr., currently residing at 298 S. Geyers Church Road, Middletown,Pennsylvania, 17057. The plaintiff currently resides with the following persons: Name Relationship Lindsey Paige Brandt daughter Stacey May Brandt daughter 7. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. 8. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 9. 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. 10. 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 for reasons including: a. The plaintiff is a fit parent who can best take care of her children. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the children. c. The defendant has demonstrated behavior which has adversely affected the children. C. SUPPORT SECTION 11. The defendant has a duty to support the plaintiff and their minor children. 12. The defendant is employed by James Hoch, 6007 Mockingbird Drive, Mechanicsburg, PA 17055, and has a weekly salary in excess of $400.00. 13. The 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 by filing at the Domestic Relations Office. 14. The plaintiff has petitioned for support and is awaiting a hearing date with Domestic Relations. D. LOSSES IS. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A which is attached and incorporated by reference. 16. The plaintiff asks for attorney fees to be paid to Legal Services, Inc., pursuant to the Protection from Abuse Act. E. STATUS TO PROCEED IN FORMA PAUPERIS 17. The defendant is employed by James Hoch, 6007 Mockingbird Drive, Mechanicsburg, Pennsyvlania, and has a weekly salary in excess of $400. 21. The plaintiff is employed as a substitute teacher at Good Shephard School. As a substitute teacher her employment is sporadic. 22. The plaintiff does not have funds avuilable to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. Section 6101 ~ ~., 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:" 1. Requiring the defendant to refrain from abusing the plaintiff and her minor children or placing them in fear of abuse. 2. Granting temporary custody of the minor children to the plaintiff; B. 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: I. Requiring the defendant to refrain from abusing the plaintiff or her minor children or placing them in fear of abuse. 2. Granting support to the plaintiff in the amount of $166.00 per week payable by mail. 3. Ordering the defendant to reimburse the plaintiff's out-of- pocket losses suffered as a result of the abuse including but not 1 imi ted to the losses I isted on the at tached Exhibi t " A ". 4. Ordering the defendant to the plaintiff's attorney's fees, to Legal Services, Inc., pursuant to the Protection From Abuse Act. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the Camp Hill and Pennsylvania State Police Departments as the Police Departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT 11 CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 1. The allegations of Count I above are incorporated herein as if fully set forth. 2. The best interests and permanent welfare of the children will be served by confirming custody in the plaintiff as set forth in Paragraph 7 of the Petition. WHEREFORE, pursuant to 23 P.S. section 5301 ~ ~., and other applicable 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, oan-Carey Attorney for Plain ff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, pa 17013 (717) 243-9400 -~_.- . Ol1l'-QP-POCKET-EXPENSES The plaintiff requests that the defendant pay any and all medical expenses that she has incurred or will incur as a result of the Injury from the incident which occurred on or about March 27, 1994. The expenses include, but are not limited to, the hospital bills. doctor bills, x-rays. and transportation for any follow-up treatment that is related to this incident. Medical bills will be submitted as the plaintiff receives them. Payment shall be made within 10 days. Exhibit A -....,.-,-.."..., The above-named Plaintiff, Sharon L. Brandt, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pat C.S. 54904, relating to unsworn falsification to authorities. Date:~0/\A/ .~ 199/ ! ~- ~ C:;/A[u .'f1d ttP~r ./ / Sharon L. Brandt, Plaintiff ,; ;.J.~ ....u -" ~. 4.. .-~~~.' WI;1t".~'" U''2f U :( \~~O;>I .~~ :9~j~ 1':':C;;'i .__I.J~~W u ~':I~.\. '::.i ~"l.> '" cJ "J o \) \,) IV) -lJ an. - !i an NI ~ ... ... <:10. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBEFLAND Sharon L. Brandt, for herself behalf of her minor children: Brandt and Stacey M. Brandt VS Samuel E. Brandt, Jr. and on Lindsey P. . r";""~~~"n",~'''''~_~ ._- In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-1838 Civil Term Temporary Protective Order Protection From Abuse and Custody Notice and Petition for Protective Order R. Thomas Kline, Sheriff, who being duly sworn according to law, says that on April 14, 1994 at 11:00 o'clock A.M.. E.S.T., he is returning the within Temporary Protective Order Protection From Abuse and Custody, Notice and Petition for Protective Order, as "NO ACTION TAKEN," due to plaintiff withdrawing the action. Sworn and Subscribed to Before Me This i'S'i!- 1994, A.D. Day of () n..-.P f Ch'--'- 0.. )~ I ~~ Prothonotary So Answers: /.;/ /4- (.6 ,C.)&"""<'d'" ,rz::..... . I . Thomas Kline. Sheriff - .-- . 1 > Y"~" r ~-."':'-.~~'.'I."l ".;.":_r,~.'f-'-ii;:;,_;'li;' APR 1 2 1994 INSTRUCTIONS TO THE DEFENDANT As you know. the plaintiff has filed a legal action against you under the Protection From Abuse Act and has obtained a Temporary Protective Order. The piaintiff 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 wi 11 ing to consent you should cail Legai Services, Inc., 243-9400 or 766-8475, and ask to speak to the staff person hand I ing the case about a Consent Agreement. The Consent Agreement should be prepared before the time scheduied for the hearing so the Court wili 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 parties understand the Consent Agreement and Final Protective Order. If you do not agree to the entry of the Final Protect i ve Order, a contested hearing will take piace at the scheduled time. When a Final Protective Order is entered. it will be sent or given to you. the plaintiff. and the appropriate poiice departments. If you fail to abide by the terms of the Final Protective Order you will be subject to immediate arrest, and a fine of up to $1.000.00 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 afford one. you may contact: Court Administrator, 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 SHARON L. BRANDT, Plaintiff IN TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA for herself and on behalf of her minor children: LINDSEY P. BRANDT STACEY M. BRANDT CIVIL ACTION - LAW NO. 94-/8 3'! CIVIL TERM vs. SAMUEL E BRANDT. JR. PROTECTION FROM ABUSE Defendant AND CUSTODY TEMPORARY PROTECTIVE ORDER AND NOW, this 11;d.. day of Apri I. 1994, upon presentat ion and consideration of the within Petition, and upon finding that the plaintiff, Sharon L. Brandt and her minor children, now residing at 1481 Cockley Meadow Drive, Boiling Springs, Cumberland County, Pennsylvania, are in immediate and present danger of abuse from the defendant, Samuel E. Brandt,the following Temporary Order is entered. The defendant, Samuel E. Brandt, now residing at 298 S. Geyers Church Road, Middletown, Dauphin County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Sharon L. Brandt, or her children and placing them in fear of abuse. Temporary custody of Lindsey P. Brandt and Stacey M. Brandt is hereby awarded to the plaintiff, Sharon L. Brandt. This Order shall remain in effect until a final order is entered in this A hearing shall be held on this matter on the ~day of April, case. 1994, at I'. 30 P.m. in Courtroom No.-L, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma pauperis pending a further order after the hearing, The CUmberland County Sheriff's office shall attempt to make service at the plaintiff's requcst, but scrvice may bc accomplished under any applicable rule of Civil Procedure. The Camp Hill and Pennsylvania State Pollcc Departments will be providcd with a copy of this Order by attorneys for the plaintiff. This Ordcr 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 presenc~ of the police officer. In the event that an arrest is made under this section, the defendant shall not be taken to jail but shall be taken without unnecessary delay before the court that issucd the Order. When that court is unavailable, the defendant shall be arraigned before a district justice, who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure (23 Pa.C.S.A. Section 6113). By the Court. 1....1 ~,P .Jjlll#a J. TRUE COpy FROM RECORD In T...-' PI '1 :., '. ('. , h. rr unto set my hand ar.d '!w s..J; oi ~,.:;.,:; Coull uf C;;rlislc, Pa. This 1~:tL (by of ~'~'.' ......., 19.?~.. ................-.:JI.~ a.. , . .... '-...........-- If"\' Prothonotary SHARON L. BRANDT, Plaintiff IN TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA for herself and on behalf of her minor children: CIVIL ACTION - LAW LINDSEY P. BRANDT STACEY M. BRANDT NO.94-/'38 CIVIL TERM vs. SAMUEL E BRANDT, J. Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the ciaims 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 50, the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money cla'm~~ 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIm OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 SHARON L. BRANDT, Plaintiff IN TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA for herself and on behalf of her minor children: LINDSEY P. BRANDT STACEY M. BRANDT CIVIL ACTION - LAW NO.94- Iii 38 CIVIL TER.\1 vs. SAMUEL E BRANDT, JR. Defendant PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 1481 Cockley Meadow Drive, Boiling Springs, CUmberland County, Pennsylvania. 17007. The plaintiff brings this action for herself and her minor children. 2. The defendant is an adult individual residing at 298 S. Geyers Church Road, Middletown, Dauphin County, Pennsylvania. 17057. 3. The defendant is the plaintiff's husband and father of the plaintiff's children. 4. Since approximately June 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and her children and by physical menace has placed the plaintiff and her children in fear of imminent serious bOdily injury. This has included but is not limited to the following specific instances of abuse: a. On or about March 27, 1994, the defendant grabbed the plaintiff's arm, twisted her arm, and threw her to the floor. When the plaintiff got to her feet, the defendant grabbed her by the shoulders and shoved her backwards, causing the plaintiff to fall over the coffee table to the floor. The defendant then grabbed the plaintiff by her forearm, drew back his fist, and punched the plaintiff in the side of the head, causing a laceration that required medical attention. b. In or around March 1994, the defendant pushed the parties' nine year old daughter against the coffee table. The child sustained a large bruise on her hip. c. In or around February 1994, the defendant punched the parties' daughter in her back. The child sustained soreness and bruising to her back. d. In or around August 1993, through November 1993, the defendant on several occasions abused the plaintiff in ways including, but not limited to, pushing and shoving her. e. In or around August 1993, the defendant put a loaded gun in his mouth and threatened to pull the trigger while the plaintiff was standing there. f. In or around June 1993, the defendant pushed the plaintiff on several occasions. 5. The plaintiff believes and therefore avers that she and her children are in immediate and present danger of abuse from the defendant and that she and her children are in need of protection from such abuse. B. TEMPORARY CUSTODY 6. The plaintiff seeks temporary custody of the following children: Name Lindsey Paige Brandt Present Residence 1481 Cockley Meadow Dr. Boiling Springs, PA 17007 ~ 9 1481 Cockley Meadow Dr. Boiling Springs, PA 17007 The children were not born out of wedlock. 8 Stacey May Brandt The children are presently in the custody of Sharon L. Brandt who resides at 1481 Cockley Meadow Dr., Boiling Springs, Pennsylvania, 17007. ~',..,,-..........:...... During the past five years, the children have resided with the following persons and at the following addresses: ~ defendant and plaint iff plaintiff Addresses 1481 Cockley Meadow Dr. Boiling Springs, PA 17007 1481 Cockley Meadow Dr. Boiling Springs, PA 17007 ~ July 1986- March 27, 1994 March 27. 1994 Present The mother of the children is Sharon L. Brandt, currently residing at 1481 Cockley Meadow Dr., Boiling Springs, Pennsylvania, 17007. She is married. The father of the children is Samuel E. Brandt Jr., currently residing at 298 S. Geyers Church Road, Middletown,Pennsylvania, 17057. The plaintiff currently resides with the following persons: ~ Relationshio Lindsey Paige Brandt daughter Stacey May Brandt daughter 7. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other COurt. 8. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 9. 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. 10. 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 for reasons inclUding: a. The plaintiff is a fit parent who can best take care of her children. D. LOSSES IS. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A which is attached and incorporated by reference. 16. The plaintiff asks for attorney fees to be paid to Legal Services, Inc., pursuant to the Protection from Abuse Act. E. STATUS TO PROCEED IN FORMA PAUPERIS 17. The defendant is employed by James Hoch, 6007 Mockingbird Drive. Mechanicsburg, Pennsyvlania, and has a weekly salary in excess of $400. 21. The plaintiff is employed as a substitute teacher at Good Shephard School. As a substitute teacher her employment is sporadic. 22. The plaintiff does not have funds available to pay the fees for b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the children. c. The defendant has demonstrated behavior which has adversely affected the children. C. SUPPORT SECTION II. The defendant has a duty to support the plaintiff and their minor children. 12. The defendant is employed by James Hoch, 6007 Mockingbird Drive, Mechanicsburg, PA 17055, and has a weekly salary in excess of $400.00. 13. The 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 by filing at the Domestic Relations Office. 14. The plaintiff has petitioned for support and is awaiting a hearing date with Domestic Relations. filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. Section 6101 ~ ~., as amended, the plaintiff prays this Honorable Court to grant the following reiief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Requiring the defendant to refrain from abusing the plaintiff and her minor children or placing them in fear of abuse. 2. Granting temporary custody of the minor children to the plaintiff; B. 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: I. Requiring the defendant to refrain from abusing the plaintiff or her minor children or placing them in fear of abuse. 2. Granting support to the plaintiff in the amount of $166.00 per week payable by mail. 3. Ordering the defendant to reimburse the plaintiff's out-of- pocket losses suffered as a result of the abuse including but not I imi ted to the losses listed on the attached Exhibi t " A ". 4. Ordering the defendant to the plaintiff's attorney's fees, to Legal Services, Inc., pursuant to the Protection From Abuse Act. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the Camp Hill and Pennsylvania State Police Departments as the Police Departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT I I CUSTODY UNDER PENNSYLVANIA CUSTODY LAW I. The allegations of Count I above are incorporated herein as if fUlly set forth. 2. The best interests and permanent welfare of the children will be served by confirming custody in the plaintiff as set forth in Paragraph 7 of the Petition. WHEREFORE. pursuant to 23 P.S. Section 5301 ~ ~., and other applicable 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, oan Carey ,. Attorney for Plain ff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 ( 717) 243-9400 "~ ....,.....,. .,. Ol1l'-QF-POCKET-EXPENSES The plaintiff requests that the defendant pay any and all medical expenses that she has incurred or will incur as a result of the Injury from the incident which occurred on or about March 27. 1994. The expenses include. but are not limited to, the hospital bills. doctor bills. x-rays, and transportation for any follow-up treatment that is related to this Incident. Medical bills will be submitted as the plaintiff receives them. Payment shall be made within 10 days. Exhibi t A t''''''~~~~!!J~'''lc~~~ . The above-named Plaintiff, Sharon L. Brandt, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pat C.S. 54904, relating to unsworn falsification to authorities. Date: YV' \It .(. .7 /991/ 'j I {,"' '. - / / .' .V/~<.:..,r{1... -:1\ .:Jr,..//I./:(// ./ - \' Sharon L. Brandt, Plaintiff .'