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HomeMy WebLinkAbout94-02485 ."". , ~ ~ :f -.&:_)0... _ =-:: -.' ~' tolt':1t':u;~ ;'.: ~ ~,}~.,: i., ~ Q!), '." - ,~ ::::::.' ~ ~ ~ . .... ~ l.t) ~ :'-' ~ . ~ .; t i. ~ ~ Vi ::)- "Oq: . MAY 16 199. . (}~./ . r- , ">- r-6 ~ ~ ".:F~ ~J ~ . ~ ~ STEPHANIE A. lIERMAN, PLAINTIFF VS, : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO, q4- - 2- LfBS- t~ TVvh-v CIVIL ACTION - LAW CLARK D, I.IERMAN, DEFENDANT PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORnER AND NOW, this _U 'tl.day of May, 1994, upon presentation and consideration of the within Petition, and upon finding that the PlaintilT, Stephanie A. Ilennan, now residing at 245 Redwood Lane, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Defendant, Clark D, Hennan, the following Temporary Order is entered, The Defendant. Clark D. Hennan, now residing at 215 Birch Lane, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physieally abusing the PlaintilT, Stephanie A, Hennan, or placing her in fear of abuse and is excluded from her present residence, The Defendant is ordered to refrain from having any contact with the PlaintilTineluding, but not limited to, refraining the Defendant from entering or telephoning the Plaintiffs home, from stalking the Plaintill: or from harassing the PlaintilT or her relatives, The Defendant is ordered to give the keys of the marital residenee to the Cumberland County Sheriffs Department immediately upon receipt of the order, The Defendant is notified that ifhe resides in the Plaintiffs domicile contrary to 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 sentenee of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the PlaintilTand the Defendant shall not nullify the provisions of the court order directing the Defendant to rcfrain from abusing the PlaintilT. Temporary custody of Ashley C, Hennan and Alissa N, Hennan is hereby awarded to the PlainlilT, Stephanie A, Hennan, The Defendant shall deliver any weapons in his possession to the Cumberland County Sheriffs Department whieh will retain custody of said weapons pending further order of court. The Defendant is ordered to refrain from destroying or damaging any property owned solely by the PlaintilT or any property owned jointly by the parties. This Order shall remain in elTect until a Iinal order is entered in this case, A hearing -r,"" ~._...~,. ~ ",__>,_J shall be held on this mailer on the I!l.~ day of_7?7 ,'~_, 1994, at 'I: co p- ,m, in Courtroom No, ~- ,Cumberland County Courthouse, Carlisle. Pennsylvania, This Order shall be enforced by any law enforcement agency when a violation occurs by arrest for indirect criminal contempt. The arrest may be without warmnt upon probable cause that this Order has been violated, whether or not the violation is commilled 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 arraigned belore the appropriate district justice, (23 Pa,C,S.A. Section 6113) By the Court, .~.~tgca J, ~ .e:;;ep' 5"(" (qr.f I' If I , STEPHANIE A. liERMAN, PLAINTIFF VS, : IN TIlE COlJRT OF COMMON PI.EAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION. LA W CLARK D, lIERMAN, DEFENDANT : PROTECTION FROM ABUSE PEnnON I>'OR PRon:CTIVE ORDER RI>:UEF tiNDER TilE PROTECTION I>'ROM ABtlSE ACT. 23 Pa, C.S,A, Section 6101. et seq, A. ABllSE I, The PlaintifT, Stephanie A. Ilennan, is an adult individual who currently resides at 242 Rcdwood Lane. Carlisle, Cumberland County, Pennsylvania 17013, 2, The Defendant, Clark D, Hennan, is an adult individual who currently resides at 215 Birch Lane, Carlisle, Cumberland County. Pennsylvania 17013, 3, The Defendant is the Plaintifl's husband. 4, Since approximately 1992. the Defendant has allempted to cause and has intentionally. knowingly, or recklessly caused boldily injury to the PlaintilTand by physical menace has placed the PlaintilTin lear of imminent serious bodily injury, This has included but is not limited to the following specific instances of abuse: a, On or about April 18, 1994, the Defendant threatened to kill himsc\fand threatened to kill the PlaintilTby pointing a loaded .410 shotgun at her in the marital home, b, On or about the March 16, 1994. the Defendant assaulted the PlaintilTby grabbing her by the anns and shoulders and pushing her onto their bed with such force as to cause injury to her neck. c, On or about March 5, 7, and 9, 1994 the Defendant repeatedly assaulted the PlaintilT by grabbing her by the anns and shoulders and pushing her against the wall and dragging her about the marital home, The aforementioned assaults caused the Plaintin'severe bruising, d, On or about February 1994, the Defendant physically forced the PlaintilT down a flight of stairs and into his automobile against her will. e, The Delendant has a history of mental problems and was admilled on April 25. 1994 .' : to the Holy Spirit Crisis Intervention Center, Defendant was hospitalized at the aforementioned institution for a period of two weeks, 5, The Plaintiff believes and avers that she is in immediate and present danger of abuse from the Defendant. 6, The Plaintiff desires that the Defendant be ordered to refrain from having any contact with her including, but not limited to, entering or telephoning her home, from stalking the Plaintiff, and from harassing the Plaintiff or her relatives, B, TEMPORARY CUSTODY 7, The avennents contained in Paragraphs I through 6 arc incorporated herein by reference, 8, The Plaintiff seeks temporary custody of the following children: Name Ashley C, Hennan AlisSll N, Hennan Present Location 242 Redwood Lane, Carlisle, PA 242 Redwood Lune, Carlisle, PA Aile 3 years 1 year The children were not born out of wedlock. The children reside at the marital home located at 242 Redwood Lane, Carlisle, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: Name Plaintiff and Defendant Addresses 242 Redwood Lane, Carlisle, PA Dates 12/06/90 - Present The mother of the children is the Plaintiff, Stephanie A, Hennon, currently residing at 242 Redwood Lane, Carlisle, PA, She is married, The father of the children is the Defendant, Clark D, Hennan, currently residing at 215 Birch Lane. Carlisle, Cumberland County. Pennsylvania, He is married, 9, The PlaintiIThas not previously participated in any litigation concerning custody of the above-mentioned children in this or any other court, 10, The PlaintiIThas no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction, II. The Plaintin'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, 12, The best interests and pennanent welfare or the children will be met ifcustody is temporarily granted to the plaintin'pending a hearing in this matter for reasons including the following: a, The plaintiITis a lit parent who can best take care of her children, b, The Defendant has shown by his abuse of the PlaintiITthat he is not an appropriate role model for the children, C. EXCLUSIVE POSSESSION 13, The avennents contained in Paragraphs I through 12 are incorporated herein by reference, 14, The home which the PlaintiIT is asking the Court to exclude the Defendant from is owned by the Plaintin's grandparents, IS, The PlaintiIT currently has no pennanent place to stay with her children except the marital home, and the Defendant has family in the area and the Iinancial resources to get his own residence. 16, The Plaintin'desires possession of the home so as to give the greatest degree of continuity to the lives orthe children, J), SUPPORT 17, The averments contained in Paragraphs I through 16 ore incorporated herein by reference, 18, The Defendant has 0 duty to support the PlaintilT and their minor children, 19, The Defcndant is employed at the Pennsylvania Deportment of Transportation facility located at Lemoyne, Pennsylvania and has on annual gross salary in excess of$20,OOO, 20. The Plaintifl' is unemployed. 21, The Plaintiffs cannot provide for the needs of her children and herself, 22, The PlaintiO'intends to petition lor support within two weeks of the issuance om Protective Order, E. LOSSES AND A'n'ORNEY FEES 23, The averments contained in Paragraphs 1 through 22 arc incorporated herein by reference, 24, The PlaintifTasks that the Defcndant be ordered to pay reasonable attorney fees pursuant to the Protection lorm Abuse Ac\. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7,1976,231'0. C.SA Section 6101, et seq" as amended, the PlaintilTprays this Honorable Court to grant the following relief: A. Grant 0 Temporary Order pursuant to the "Protection from Abuse Act": I, Requiring the Delcndant to refrain from abusing the PlaintilT or placing her in fear of abuse. 2, Requiring the Defendant to refrain from having any conlact with the PlaintilT including, but not limited to, restraining the Defendant from colling or entering the Plaintill's home, from stalking the plaintill', and from harassing the PlaintilT or her relatives, 3. Ordering the Delcndant to stay away from her residence located at 242 Redwood Lone, Carlisle, Pennsylvania or any residence the Plaintill'may in the future establish lor herself. 4, Granling temporal)' custody of the minor children to the PlaintilT, 5, Granting possession of the home located at 242 Redwood Lane, Carlisle, Cumberland County, Pennsylvania, to the PlaintifTto the exclusion of the Dcfcndant pending a final ordcr in this mallcr, 6, Ordcring the Defendant to transfer the weapons to the custody of the Cumberland County Sheritl's Department. The Cumberland County Sheritl's Department will retain the weapons in their custody pending further order of court, 7, Ordering the Defendant to refrain from destroying or damaging any property owned solely by the Plaintiff or owned jointly by the parties B, Schedule a hearing in accordance with provisions of the "Protection from Abuse Act," and, aller such hearing, enter an Order to be in efTect lor a period of one year: 1, Requiring the Defendant to refrain from ahusing the Plaintiff or placing her in fear of abuse, 2, Requiring the Defendant to refrain from having any contact with the Plaintiff including, but not limited to, restraining the Defendant from calling or entering the Plaintitl's home, from stalking the plaintifl: and from harassing the Plaintiff or her relatives, 3, Ordering the Defendant to stay away from her residence located at 242 Redwood Lane, Carlisle, Pennsylvania or any residence the Plaintiff may in the future establ ish for herseU: 4. Granting custody of the minor children to the Plaintiff, 5, Granting possession of the home located at 242 Redwood Lane, Carlisle, Cumberland County, Pennsylvania, to the Plaintiff to the exclusion of the Defendant pending a final order in this malter, 6, Ordering the Defendant to deliver any weapons in his possession to the Cumberland County Sheritl's Department which will retain the weapons in their custody pending further order of court. 7, Ordering the Defendant to refrain from destroying or damaging any property owned solely by the Plaintiff or owned jointly by the parties, 8, Granting support to the PlaintifTin the amount 01'$700,00 per month payable bymai!. 9, Ordering the Defendant to pay reasonable attorney fees, 10, Granting whatever other such relief as the Court may consider just and proper, . , RCSpcClfully submillcd, &f5j}xL , Kcilh 8, DcAnnond, Esq~ Allomcy ID Number 58878 3344 Trindlc Road Camp Hill, PA 17011 (717) 730-9394 : VERIFICATION I, Stephanie A, Herman, slate that 1 am the Petitioner in the above-captioned case and that the facts set forth in the above Petition are true and correct to the best of my knowledge, information and belief. 1 rcalize that false statements herein are subject to the penalties for unsworn falsilication to authorities under 18 Pa, C, S, 4904, Datctb1S/1Q , I ~llf{~- ;Y. 1itP1t"~ Stephanie A, Herman STEPHANIE A. HERMAN, Plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CLARK D. HERMAN, Defendant NO. 94-2485 CIVIL TERM ORDER OF COURT AND NOW, this 2S~J day of May, 1994, upon relation of Keith DeArmond, Esq., attorney for Plaintiff, and Christopher Houston, Esq., attorney for Defendant, that a Consent Agreement will be signed in this matter, the hearing previously scheduled for May 19, 1994, is hereby CANCELLED. , The Temporary Protective Order of May 11, 1994, shall remain in full force and effect pending further Order of this Court. BY THE COURT, ;7 'U " , A i/ / -,.l: J Wesley Ole,!', ... /: / J. Keith DeArmond, Esq. 2800 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Christopher Houston, Esq. Attorney for Defendant :rc ~AY n IZ 41 :[\ '9~ <~ llrl .;r.s .' ,\~'.. f.l;~' .', . i: Y \1. I .,t ,".