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HomeMy WebLinkAbout94-02321 . VB. IN THI OOURT OP ~N PLIlAB OP CIIMBERI.AND OOUNTY, Pl!NNBYl.VANIA CJ VJI. ACTION - LAW NO. 94 - ;a ~:l1 CJ VII. TEIUI Linda Brrut., Plaint.l rr Jeffrer Brrant., I~IOTION FROM ABU8E Defendant. AND CU8TODY '1 ~ T\lIIPGRARY I'IIOTIlCTI VI! ORDER AND NOW, t.hiB J day of May, 1994, upon preBent.atlon and conBldera\.lon of lhe wllhln petition, alld upon finding that lhe Illa1nt.lff, Linda Bryant, now residing at 36 N. Middlesex Road, Carliale, Cu.berland County, PennBylvanla, la In IMMl'dlate and preaent danger of abuae frol the defendant, Jeffrey Bryan\., lhe following TeMporary Order Is entered. The defendant" .",ffrey Bryan\. , now reBidlng at. 36 N. Middlesex Road, Carllale, CUlberland Coun\.y, l'ellna,lvanla, la hereb, enjoined fro. ph,slcally abualng the Illaln\.lff, I.llIda Bryant., or placing her In fear of abuae and la excluded froa lhe residence located a\. 36 N. Mlddleaex Road, Carllale, CUMberland Coun\.y, Penna,lvanla, a realdence which la joint!, owned by the parties. The defendanl Is hereby notl fled lhat. I f he rea ides In the plaintiff's do.lclle contrary t.o this Order, he May be In Indireot. criMinal conle.pt which ia pllnishahil' hy a fine not. t.o exceed $I ,000.00 and/or by a sentence of up to Blx .0nthB in jail and an, other apllropriate punish.ent. Reall.I,t1on of co-restdelll,e on the part of the plaintiff and lhe defendant shall not null I fy tho prllvIHiona of tho eourt order directing the defendant to rllfraln froa ahualng thl' 111 III n\.l ff. Temporary ellstrnly of Danlelle Marie, Kelly Nichole, and Jill Andrea Bryant 18 herehy awarded t.o 1.1", Illaln\.l ff, Linda Bryant, The dofetlllant la or,\t",..,1 10 ,'of"lIln from having any contact with the IIlalnl.lff Itll'lu,llnll. hut. not. llllltl,,1 \.0, reat.r,dnlnll the defendant froa Incorporated herein by reference. The plalntl ff went. t.o t.he phone and dlalml 911. When the police arrived, t,he defendant WIlS arrested for slaple RHSRUlt, t.Rken before a District Justice, and IRter releRsed on his own recognlERnco. h, On or about FehruRry 13, 1994, the defendant, grabbed t.he plaintiff by the front of her IIwl!Rtshlrt Rnd slRPI,ed her across the face knooklng her glasses acrOSH t.he rooa. lie then grabbed the front of t.he plaintiff's sweatshirt again, forcefulI)' pulled her froll t.he chair which she was sitting on and shoved her Into R neRrby sofa. c, On or about Decellber 31, 1993, t.he dl!fendant. hacked the plaintiff agRlnst a wall In the hat.hrooa. When the plaintiff tried to escape, the defendant forcl!flllly shoved her agRlnst. t.he wall Ilreventlng her frol leaving. d. Since approxlntel)' .January 1977, on several dl fferent occasions, the defendant has forcefully grabbed the plaintiff by her ar.s, pushed her, t.hreatened to hit her, and slapped her causlnll brlllslnll, 6. The plalntl ff helleves and therefore avers t.hat she will be In I..edlate Rnd present. danger of ahuse fro. t.he defendant should she renin In the hoae without defendant's t'xcluslon IInd that. she Is In need of protection fro. such abulle, 6. The plalntl ff desires that. the defendant he ordered to refrain froa hav Inll an)' cont.act except to fRC III t.Rte custody of t.hel r alnor children, 7. The IIIRlntlff desires t.hRt t.he defendRnt. be ordered to refrain froll stalking or hRraHslnll the plallltlff. R. The IlefmnlRnt Is ordered t.o rl'fraln frull da.Rglng or destroying an, prollerl.y owned by t.he plaintiff or IIn, propert.y owned Jolnt.ly by t.he parties. ft, TDlroRARY-CllmIDr 9, The plaintiff sl'l!kH t.eallllral'y eust.ody of t.he followlnll chlldrenl liIu Present Residence W Danlelle Marie 36 N. Middlesex Rd. 16 yrs. old Bryant Carllslll, PA OOB 10/13/77 Kelly Nlchole 36 N. Middlesex Rd. 14 ,rs. old Bryant Carlisle, PA OOB 10/3/79 J III Andrea 36 N. Middlesex Rd. 13 yrs. old Bryant Carlisle, PA OOB 12/22/80 The children were not born Ollt of wedlock. The children are presently In the custody of the plalntl ff and the defendant who reside at 36 N. Middlesex Road, Carlisle, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: liD!! Addresses I2AW Plaintiff and defendsnt 36 N. Middlesex Road Carllslll, PA 1989 to present The lather of the children is the plaintiff, Linda Bryant, currently residing at 36 N. Middlesex Road, Carlisle, Pennsylvania. The plaintiff currently resides wi th the following persons I liIu RelatlonshiD Jeffrey Br,ant Danlelle Marie Bryant Kell, Nichole Bryant Jill Andrea Bryant She is .arried. Husband Daughter Daughter Daughter The father of the children is the defendant, Jeffrey Bryant, currently residing at 36 N, Middlesex Road, Carlisle, Pennsylvania. The defendant currently resides with the following persons I liD!! RelatlonshiD Linda Bryant Daniello Marie Bryant Kelly Nlchole Bryant Jill Andrea Bryant Wife Daughter Daughter Daughter He iB married. 10, The plaintiff has not previously participated In any litigation concerning custody of the above mentioned children In this 01' any other Court. 11. The plaintiff has no knowiedge of any custody proceedings concerning these children Ilending before a court In this or any other jurisdiction. 12. The plaintiff does not know of any person not a party to this action who has physical custod, of the children or ciaims to have custody or visitation rights with respect to the children. 13. The best interests and permanent welfare of the children will be met if custody is temporariiy granted to the plaintiff pending a hearing In this matter for reasons Including the following: 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 pialntlff that he Is not an appropriate role model for the children. c. BICt.UBIYK POBBBBIIION 14. The home which the plaintiff Is asking the Court to exolude the defendant fro. Is owned In the names of the plaintiff and the defendant. 15. The plaintiff currently hae no place to stay with her children except the marital home, and the defendant has a friend in the Carlisle area with whom he can stay. 16. The plaintiff desires possession of the hoae so Be to give the greateat degree of continuity to lives of the children and to allow them to continue their education at their 8chools and to continue their school and social activities. Ih... 8UPPORT 17. The defendant has a duty to support the plalntl rr and their .Inor ohlldren. 18. The defendant Is ellployed at Foxes I'lzr.a nnd has /l net weekly salary Includln,l lIpu of al1llroxlutely $316.00. 19, The plaintiff Is eMplc,ed at Shaffer Trucklnll Cospany and has a net weekl, salar, of approxiMately $260,00. 20. The plaintiff Intenda to petition for support within two weeks of the Issuance of a protective order. E. 8TATUS ro PROCEED IN IlOIIIIA PAUPIlR18 21. The plaintiff does not have funds available to pay the fees for flllnll and service. WHEREFORE, pursuant to the provisions of the "Protection frOM Abuse Act" of October 7, 1976, 23 Pa.C.B.A. Bectlon 6101 ~ ~., as aMended, the plllntlff prays this Ilonorable Court to Ilrant the followlnll relief: A. Grant a Telporary Order pursuant to the "Protection fros Abuse Act": 1. Requlrinll the defendant to refrain fros abuslnll the plainti ff or placing her in fear of abuse. 2. Requlrinll the defendant to refrain frail having an, conlact with the plaintiff Includlnll, but not liMited to, restraining t.he defendant frOM enterlnll t.he plaintiff's place of eMploysent, and fro. stalklnll or harasslnll the plaintiff. 3, Grantlnll teMporary custody of lhe Minor children to the plalnt.lff. 4, Grantlnll possession of t.he hoae located I\t 36 N, Middlesex Road, Carllale, PPllI1aylvaula, t.o t.he plalntlrr 1.0 t.he exclusion of the defendant pendlnll n final ol'del' In t.hls Mat.t.er, 6, Ordering the defendant to sta, awa, frol any residence the plaintiff aay In the fnture establish for herself. 6. Ordering tho defendant to refrain fro. daaaglng or deatro,lnll any )Jroperty owned by t.he plalnU ff or any property owned joint!, b, tho parties. 8, Schedule a hearlnll In accordance with the provisions of tho "ProtecUon froa Abusc Act.," a 11I1 , aftcr such hearing, enter an order to be In effect for s period of one year: 1. Requlrlnll the defendant to refrain frOM abusing the plalnUff or placing her In fear of abuse. 2. Requiring t.he defendant to refrain froa having any contact with the plaintiff cxcept to facilitate custody of their ainor children. 3. Requiring the defendant to refrain froa entering the plaintiff's place of eMploYMent, and fro. stalking or harassing the plainUff, 4. Granting possession of the hOMe located at 36 N. Middlesex Road, Carlisle, Pennsylvania, to the plalnUff to the exclusion of the defendant. 6. Ordering the defendant to stay away froa any residence the plaintiff aay in the future establish for hersolf, 6. Orderinll the defendant to refrain froll daaallinll or destro,lnll any prollllrty owned by the plalnUff or any property owned jointly by tho )lartlcs. 7, Grantlnll support to the plaintiff in the aaount of $110.00 per week payable by .all, The plaintiff further asks that lIlIs I'etl t.1on be filed and served without pay.ent of costs, Ilendlng a further order at the hearing, and that a cop, of this Petition and Order be delivered to the Middlesex and Silver Springs Township Police Departsents as the Police Departsents with Jurisdiction to enforce this Order. The plalnti ff prays for such other relief as say be Just and proper. COUNT I I CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 22. The allegations of Count I above are Incorporated herein as If fully set forth. 23. The best Interests and per.anent welfare of the children will be served by awarding custody to the plaintiff as set forth In paragraph 13 of the Pet! tion. WHEREFORE, pursllsnt to 23 P.s. 66 6301-6366, and other applicable rules and law, the plaintiff prays this Ilonorable Court to award custody of the .Inor children to her. The plaintiff pra,s for such other relief as aay be Just and proper. Respectfully subsitted, oan Carey Attorney for Plalntlf LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 SHERII'F'S REWRN c(M<<X~EAl:nl OF PENNSYLVANI^I cootm' OF ClMBERLIIND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-7321 Civil Term Temporary Protective Order Protection From Abuse & Custody Linda Bryant vs Jeffrey Bryant Leroy Hippensteel , lSHti<N)fX& Doputy Sheriff of C\Jnberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Temporary Protective Order Protection From Abuse and Custody upon Jeffrey Bryant , the defendant, at 12.59 o'clcx:k P .M. XIISO' I EDST, on the 03 , 1994at day of May 35 N. Middlesex Road, Carlisle , CUmberland County, Pennsylvania, by handing to Jeffrey Bryan t a true and attested copy of the Temporary Protective Order Protection FJ;om Abuse & Custody and at the SartlE! time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs. Docketing Service Affidavit Surcharge 14.00 2.80 16.80 So answers. r~~~~ R. Thanas Kline, Sheriff Sworn and subscribed to before me by . A",,~/ ':d:r'AlA'&,A,-. puty sh iff this 6!!:: 19 9'1 day of '"rha., I A.D. '- ..17<-1- C )hll't,.. ,~~ iI ' Prothonotary . . IN THE COURT OF COIIION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 94 - 232' OIVIL TERM Linda Bryant, Plaintiff . . va. Jeffrey Bryant, Defendant : PROTECTION FROM ABUSE AND CUSTODY AND NOW, PROTECTIVE ORDER this ~ day of May, 1194, upon conaideration of the Con.ent Agreement of the parties, the following Order ie entered: ,. The defendant, Jeffrey Bryant, is enjoined from phyeically abusing the plaintiff, Linda Bryant, or from placing her in fear of abuse. 2. The defendant, Jeffrey Bryant, is hereby excluded from the premieaa locatad at 36 N. Middleeex Road, Carliale, Penneylvania. The defendant ie hereby notified that if he reeidea in the plaintiff's domicile contrary tc this Order, he may be in indirect criminal contempt which i. puniahable by a fine not to exceed ",000 and/or by a sentence of up to six months in jail and any other appropriate puniehment. Resumption of co-residence on the part of the plaintiff and defendant ehall not nUllify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. 3. The defendant, Jeffrey Bryant, is hereby ordered to atay away from any residence the plaintiff may establish for her.elf in the future, 4. The defendant is ordered to refrain from having any HAY ~ 3 31 PH '911 "' ;''; " fll:! (H : ~:' ~-;',\j~Ioi': r;\,,~ ';llh'_~ I I -Id; re'l1ft r'i~h';-H .LI1'!. iJ ,J' l j I; i; ~ f' \,{' , .. Hi \ I 1 ".001 . ,~ , ~ -i d j l.\ " F ,. i' "r I \ -). t~\ I i "I' J- ...'! 1; h:\:~ " jj.' ; ~:o. , . ' ~ ! t . contact with the plaintiff except to facilitate cuetody of their minor children and to diecus. financial matter. which are of mutual concern to the parties. e. The defendant is ordered to refrain frOM sntering the plaintiff'. place of smployment. e. The defendant ie ordsred to refrain from atalking or from harasaing the plaintiff. 7. The defendant ie ordered to refrain from damaging or deetroying any property owned by the plaintiff or any property Jointly owned by the parties. 8. This Order shall remain in effect for a period of one year. 9. The Middlesex and silver Springs Townahip Police Department. will be provided with a copy of thi. Order by attornaya for plaintiff. Thia Order shall be enforced by any law enforcament agancy when a violation occurs by arreat for indirect criminal contempt. The arrest may be without warrant upon probable cauae that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that sn arrest is mad a under this .ection, the defendant ahall be taken without unnecsssary delay before the court that issued the Order. When that court is unavailable, the defendant .hall be taken before tha sppropriste diatrict Justioe. (23 P.S. Section 8113). By the Court, " , J , Linda Bryant, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 2321 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY VB. Jeffrey Bryant, Defendant AND NOW, CUSTODY ORDER this ~ day of May, 1994, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the partles' children, Danielle Marie, Kelly Nichole, and Jill Andrea Bryant. 1. The plaintiff, hereinafter referred to as the mother, will have primary physical and legal custody of the children. 2. The defendant, hereinafter referred to as the father, will have partial custody of the children at times and places agreed upon by the parties. 3. Each parent will notify the othsr immediately of medical emergencies which arise while the children are in that parent's care. 4. Neither parent shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent, By the Court, ,,...., // J: Hn 'I 3 31 I'M '9~ h(.;\ ul lliC~')II.~' r.Utl\ I,~~; f',':I:HTY i. \ ~.. ~\ r ~ l (II. ' ;\ t" ". , Linda Bryant, Plaintiff IN THE COURT OF ca.... PLEAS OF CUMBERLAND COUNTY. PENN8YLVANIA : CIVIL ACTION - LAW v.. . . NO. I. - 2321 OIVIL TERM PROTECTION FROM ABUSE : AND CUSTODY Jeffrey Bryant, Defendant CONSENT AGREEMENT ci Thi. Agreement is sntsred on this 41 d.y of M.y, 1994, by the plaintiff, Linda Bryant, and the defendant, Jeffrey Bryant. The plaintiff is represented by Joan Carey of Legal Services, Inc.; the defendant ie unrepre.ent.d but i. aware of his right to have an attorney. The partie. agr.e that the following may be entered as an Order of Court. 1. The defendant, Jeffrey Bryant, agree. to refrain from abusing the plaintiff, Linda Bryant, or from placing her in fear of abu.e. 2. The defendant agree. to refrain from having any contact with the plaintiff except to facilitate custody of their minor children and to di.cuss financial matters which are of mutual concern to the parties. 3. The defendant agrees to refrain from entering the plaintiff's place of employment. 4. The defendant agree. not to etalk or h.ra.. the plaintiff. 6. The defendant agrees to stay away from the re.idence located at 36 N. Middlesex Road. Carlisle, Penn.ylvania. e. The defendant agrees to stay away from any re.idence the plaintiff may establish for herself in the future. 7. The defendant agrees to refrain from damaging or deetroying any property owned by the plaintiff or any property jointlY owned by the partiee. B. The defendant, althoUgh entering into this Agreement, doe. not admit the allegation. made in the Petition. 9. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 10. The defendant under.tand. that this Order will be enforceable in the Bame manner as the court'. prior Temporary Protective Order entered in this case. 11. The defendant and the plaintiff agree to tha entry of a cu.tody Order regarding their children, Danielle Marie, Kelly Nichole, and Jill Andrea Bryant, providing the following: a. The mother will have primary phyeical and legal cuetody of the children. b. The father will have partial cu.tody of the children at timeB and places agreed upon by the partiee. o. Each parent agree. to notifY the other immediately of medioal emergencies which arise while the ohildren i./are in that parent's care. d. The parents realize that their children'. well being is paramount to any differenceB they might have between themselvee. Therefore, they agree that neither parent will do anything which may estrange the children from