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HomeMy WebLinkAbout94-02223 I I I ,I . lJ a a t.1 i ~I f1! i Jl (f) (Q ~ co MELINDA M. MARPOE, Plaintiff IN TIfE COURT OF COMMON PLF.AS OF v. CUMBERLAND COUNTY, PENNSYLVANIA .:laa3 NO. 94- CIVIL TERM TIfOMAS M. MARPOE, II. Defendant PR(YfECT 1 ON FROM ABUSE AND NOW, this Tf)Ip()RARY PROTECTION ORDER Z. ~ Tt. day of Apr i ], 1994, upon presentat ion and consideration of the within Petition, and upon finding that the plaintiff, Melinda M. Marpoe, now residing at 361 East Roosevelt Avenue, Middletown, Dauphin County, Pennsylvania, is in immediate und present danger of abuse from the defendant, Thomas M. Marpoe, J J, the following Temporary Order is entered. The defendunt, Thomas M. Marpoe, II, now residing at 99 West Portland Street, Apt. 16, Mechanicsburg, Cumherlund County, Pennsylvaniu, is hereby enjoined from physically abusing the pluint i ff, Me I inda M. Marpoe, or placing her in fear of abuse. The defendant is ordered to stay away from the plaint iff's current residence located at 361 Ellst Roosevel t Avenue, Middletown, Dauphin 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 may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jai I and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and defendunt shall not nullify the provisions of the court order directing the defendant to refruin from ahusing the plaintiff. The defendant is ordered to refrnin from huving any direct or indirect contact with the plaintiff including, hut not I imited to, telephone and written case. A hearing shall be held on this matter on the 9U day of 'y??~ ' communications, except for the limited purpose of facilitating custody arrangements. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's family. The defendant is enjoined from entering the plaintiff's place of employment or the day care faci lit ies of the minor chi ldren. The defendant is enjoined from removing, damnging, destroying or selling any property owned jointly by the pnrties or owned solely by the plaintiff. Temporary custody of Lauren Ashley Marpoe and Alex Chase Marpoe, is hereby awarded to the plaintiff, Melinda M. Marpoe. This Order shall remnin in effect unt i I a final order is entered in this 1994, at 1:.30 p.m., in Courtroom No..5, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma l1ill!lICris pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of civil Procedure. The Mechanicsburg Pol ice Department wi II be provided wi th a cert ified copy of this Order by the plaintiff's attorney. Additional certified copies will be provided to the plaintiff for registration with the Dauphin County Court and subsequent distribution to the appropriate police departments in that county. 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 be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. g 6113) . By the Court, -v ~~()~.! Judge MELINDA M. MARPOE, Plaintiff IN TIlE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA 0lJ.J.3 NO. 94- CIVIL TERM THOMAS M. MARPOE, II, Defendant PROTECTION FROM ABUSE 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 appellring personally or by attorney at the hearing scheduled by the Court and present ing to the Court your defenses or objections to the claims set forth against you. You are wllrned that if you fail to do so the Court may proceed wi thout you, and a judgment may be entered against you by the Court without further notice for any money claimed in the petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SIIOULD TAKE TIllS PAPER TO YOUR lAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEplIONE THE OFFICE SET FORTII BELOW TO FIND our WIfERE YOU CAN GET LEGAl. HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYI.VANIA 17013 TELEPHONE NUMBER: (717) 240-6200 MELINDA M. MARPOE, Plaintiff IN TIlE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA aa.u NO. 94- CIVIL TERM TIlOMAS M. MARPOE, I I , Dcfendant PRarECTION FROM ABUSE PETITION FOR PROTF.cTION ORDE~ REI.IEF UNDER TIlE PR<YrnCTION FROM ABUSE AL"f, 23 P.s. 6 6101 ct scq. A. ABUSE I. The plaintiff is an adult individual whose current address is 361 East Roosevelt Avenue, Middletown, Dauphin County, Pennsylvania, 17057. 2. The defendant is an adult individual residing at 99 West Portland Avenue, Apt. 16, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The defendant is the husband of the plaintiff. 4. Since approximately December 31, 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and by physical menace has placed thc plaintiff 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 Apri I 13, 1994, the defendant cornered the plaintiff in the bathroom and threatened her saying, "I'm gonna make you hurt; then I'm gonna take the kids." When the plaint i ff tried to leave the bathroom to get away from the defendant he blocked the doorway wi th his body and punched her in the abdomen with both his fists causing her to fall bnckward into thc bathtub. The plaintiff sustained soreness and bruising on her lower back as a resul t of this incident. Fearing for their safety, the plaintiff took the parties' two children and left the marital home. b. In or about August. 1993, the defendant punched the plaintiff on the side of her head and on her arm with his fist causing her to stumbled backward and shoved the plaintiff causing her to fall against the hed and onto the floor. The plaint i ff sustained soreness and scratches about her head, a laceration on her ear lobe, and bruising on her arm. c. On or about December 31, 1990, the defendant pushed and shoved the plaintiff, punched her several times about her face, head and arms, shoved her to to floor, and kicked her in the face as she lay on the floor. The plaintiff sustained bruising and soreness about her hody and a bruised eye as a result of this incident. s. On or about April 13, 1994, the plaintiff and the two minor children left their residence at 99 West Port land Avenue, Apt. 16, Mechanicsburg. Cumberland County, Pennsylvania, in order to avoid further abuse. 6. The plaint iff bel ieves and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 7. The plaint iff desires that the defendant be prohibi ted from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communic'll ions. except for the I imi ted purpose of facilitating custody arrangements. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from hnrllssing the plaintiff's fami Iy. 9. The plaint iff desires that the defendllnt be restrnined from enteri'lg her place of employment am! the day care faci lit ies of the minor chi !dren. 10. The plaintiff desires that the defendant he enjoined from removing, damaging, destroying or sell ing any property owned jointly hy the parties or owned solely by the plaintiff. n. IO:XCLllSIVE POSSF~<;SION 11. The home from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the nnmes of her pnrents, Vicki and Earl Peters, nnd the defendnnt hns never resided there. C. SUPPORT 12. The defendant hilS a duty to support the minor chi Idren. 13. The defendnnt is employed lit Taylor Rentnl at 2407 Gettysburg Road in Camp Hi II, and makes $6.50 per hour. 14. The plaintiff's income is insufficient to provide for her minimal needs and those of the chi Idren unt i I such time I1S a support order can be obtained by filing nt the Domestic Relations Office. 15. The plaint i ff intends to pet i t ion for support wi thin two weeks of the issuance of a protective order. D. STATUS TO PROCF.ED IN FORMA PAUPERIS 16. The plaintiff works at Boscov.s Travel Center, and earns a salary of $7.50 per hour. 17. The plainti ff does not have funds avai lable to pay the fees for fi I ing and service of this lawsui t. E. TEMPORARY CUSTODY 18. The plaintiff seeks tempornry custody of the following children: ~ Present Residence !Y!& Lauren Ashley Marpoe 361 E. Roosevelt Avenue Middletown, PA 4 years old D.O.B. June 5, 1989 Alex Chase Marpoe 361 E. Roosevelt Avenue Middletown, PA 2 years old D.O.B. November 4, 1991 Lauren Ashley Marpoe was born out of wedlock; Alex Chase Marpoe was not born out of wedlock. The children nre presently in the custody of the plaintiff, Melinda M. Mnrpoe, who resides at 361 East Roosevelt Avenue. Middletown, Dauphin County, Pennsylvania. During the chi ldrens' I ives they hnve resided with the following persons and at the following addresses: Name Addresses Dates Plaintiff Town & Country Apts. Harrisburg, PA June 5, 1989 to June, 1990 Plaintiff, her parents, Vicki and Earl Peters, and her sisters, Kelly Peters and Amy Peters 361 E. Roosevelt Ave. Middletown, PA June, 1990 to October, 1990 Plaintiff and defendant 323 1/2 Rockbury Rd. Shippensburg, PA October, 1990 to October, 1991 Plaintiff and defendant 99 W. Portland 8t., Apt. 16 Mechnnicsburg, PA October, 1991 to April 13, 1994 Plaintiff, her parents, and 361 E. Roosevelt Ave. her sisters Middletown, PA Apri I 13, 1994 to the present The mother of the children is Melinda M. Marpoe, currently residing at 361 East Roosevelt Avenue, Middletown, Dauphin County, Pennsylvania. She is married. The father of the children is Thomas M. Marpoe, 11, currently residing at 99 West Portlnnd Street, ,\pt. 16, Mechnnicsburg, Cumberland County, Pennsylvania. He is mnrried. The plnintiff currently resides with the following persons: NIlIDC !{elntionship Lauren Ashley Mnrpoe Alex Chase Mllrpoe Vicki Peters Enrl Peters Amy Peters Kelly Peters her daughter her son her mother her fnther her sister her sister 19. The plnintiff has not previously pnrticipated in any litigation concerning custody of the above ment ioned chi Idren in this or any other Court. 20. The plaintiff has no knowledge of nny custody proceedings concerning these chi Idren pending before a court in this or nny other jurisdict ion. 21. The plnint i ff does not know of any person not a party to this act ion who hns physical custody of the chi Idren or clnims to hnve custody or visitation rights wi th respect to the chi Idren. 22. The best interests nnd permanent welfare of the chi Idren wi II be met if custody is temporari Iy granted to the plaint iff pending a hearing in this matter for reasons including: a. The plaintiff is a fit parent wh~ best take care of the chi Idren. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the chi Idren. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 1'.5. ~ 6101 et seQ.. as amended, the plaintiff prays this Honorable Court to grant the following rei ief: A. Grant n Temporary Order pursuant to the "Protect ion from Abuse Act:" ~'.,... ..~. I. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fellr of Ilbusej 2. Ordering the defendant to refrllin from having any direct or indirect contllct wi th the pia inti ff inclUding, but not limited to, telephone Ilnd written communications, except to faei I i tate custody arrnngementsj 3. Ordering the defendant to refrain from harassing and stlllking the plllintiff Ilnd from hllrnssing the plaintiff's fami Iy. 4. Prohibiting the defendant from entering the plllintiff's place of employment and the day care faei lit ies of the minor chi Idren; 5. Prohibiting the defendant from removing, damaging, destroying or sell ing properly jointly owned by the parties or owned solely by the plaintiff; 6. Ordering the defendant to stay away from the plaintiff's residence locllted at 361 East Roosevelt Avenue, Middletown, Dauphin County, Pennsylvllnia, which the parties have never shared; 7. Ordering the defendant to stay IlWIlY from any residence the plllint i ff mllY in the future establ ish for hersel f, and 8. Grant ing temporllry custody of the minor chi Idren, Lauren Ashley Marpoe and Alex Chase Marpoe, to the plaintiff. B. Schedule II hellring in IIccordance wi th the provisions of the "Protect ion from Abuse Act." Ilnd. lifter such hellring, enter an order to be in effect for II per iod of one yellr: 1. Ordering the defendant to refrain from nbusing the plaintiff and/or placing her in fenr of abuse. 2. ordering the defendnnt to refrnin from hnving any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to faei I i tate custody arrnngements. J. Ordering the defendant to refrnin from harassing and stalking the plaintiff and from harassing the plaintiff's fnmi Iy. 4. Prohibiting the defendant from entering the plaintiff's place of employment and the day care faci lit ies of the minor chi Idren. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's current res idence located at 361 East Rooseve I t Avenue, Middletown, Dauphin County, Pennsylvania, which the parties have never shared. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Grant ing support to the plaint iff for the minor chi Idren in the nmount of $50 per week pnyable to the plaintiff in the form of a check or money order. mni led to her current residence. 9. Ord~ring the dcfenclllnt to PIlY 1111 costs of fi ling IIml s~rvice of this IlIwsuitllnd lit torney's fe~s to Leglll Services, Inc. The plaintiff furth~r IIsks thllt this Petition he filed and served without payment of costs, pending II further order lit th~ hearing, IInd thllt a certified copy of this Petition /lnd Order be c1eliv~recl to the M~ch/lnicsburg Police Department who hllve jurisdiction to enforce this Order. Additional certified copies wi 11 be provided to the plllint iff for registI"llt ion wi th the Dlluphin County Court ami subs~quent distribution to the IIppropriate pol ice departments in that county. The plaintiff prays for such other relief as may be just and proper. Respectfully suhmi tted. , C/lrey. At torney' or Plaint i ff LRJAL SERVICES, INC. 8 Irvin~ Row Cllrlisle. PA 17013 (717) 243-9400 The above-named plaintiff, Melinda M. Marpoe, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 6 4904 relating to unsworn falsification to Iluthorities. Date: A.t lu_ It! V f / MLliMtt... IV\.. I/;{P..YPOL Melinda M. Marpoe, Plaintiff <l 'V ~ en ~ \~ ~ - ..~ '": -,,- ... : "J'-"':-; ,. , o o l.f) .:r L., '- "- . .")'. .. . I . .-;-'. -.'':"'1 (......., r- ':i ~ SHERIFF'S RE'l'lJRN CCMMONWEALTH OF PENNSYLVANIA, COUJIfJ'Y OF CLMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2223 Civil Term Temporary Protective Order Protection From Abuse Notice & Petition for Protective Order Melinda M. Marpoe VS Thomas M. Marpoe, II Harrv Kinq , ~X<<XJt" Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Temoorarv Protective Order Protection From Abuse Notice & Petition for Protective Order upon Thomas M. Marooe. II . the defendant, at 1:25 o'clock p.M. x:lil:l1 / EDST, on the day of 28 Aoril . 19-2..43t 2407 Gettvsburo Road. Camo Hill . Cumberland County, Pennsylvania, by handing to Thomas M. Marooe. I I a true and attested copy of the Temoorarv Protect ive Order Protection FrGlm Abuse Notice & Petition for Protective Order and at the sarre time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs, Docketing Service Affidavit Surcharge 14.00 8.40 22.40 ;:2~~~ R. Thomas Kline, Sheriff by -'- L f:t ~~V~ ~ ljty She , ../ Sworn and subscribed to before me this ...:L~ day of 7It ~1 19 9'( A.D. C)"". C; .)It,~'f, " "''tf Prothonotary MELINDA M. MARPOE. Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUN1Y. PENNSYLVANIA NO. 94-2223 CIVIL TERM THOMAS M. MARPOE. II. Defendant PROTECTION FROM ABUSE PROTECl' I ON Q!!IlliR AND NOW. this _1'Stt, day of May. 1994. upon consideration of the Consent Agreement of the parties. the following Order is entered: I. The defendant, Thomas M. Marpoe, II. is enjoined from physically abusing the plaintiff. Melinda M. Mnrpoe, and/or from placing her in fear of abuse. 2. The defendant is ordered to refrain from harassing the plaintiff and from harassing the plaintiff's family. 3. This Order shall remain in effect for a period of one year. 4. The Mechanicsburg Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order 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 be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. g 6113) . By the Court, '.'}i . , ~6, W' So " _~1_LL/ J. ~leY Oler. Jr. 'j ~ J \~., , ;-~ ~'*"'~,- ',. . MELINDA M. MARPOE, Plaintiff IN TIiE COURT OF CONtlON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2223 CIVIL TERM THOMAS M. MARPOE, II, Defendant PROTECTION FRa.t ABUSE CONSOO" /GlF.FlfilNr 11~ This Agreement is entered on this 1- day of May, 1994, by the plaintiff, Melinda M. Marpoe, and the defendant, Thomas M. Marpoe, II. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Thomas M. Marpoe, II, agrees to refrain from abusing the plaintiff, Melinda M. Marpoe, and/or placing her in fear of abuse. 2. The defendant agrees not to harass the plaintiff or harass the plaintiff's family. 3. The defendant, al though entering into this Agreement, does not admi t the allegations made in the Petition. 4. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 5. The defendant understands that this Order shall be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. IlHEREFORE, the parties request that a Protection and CUstody Order be entered to reflect the above terms. ~ }111 ~ Th mas~~. II, f dant Carey, Attorney SERVICES, INC.