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HomeMy WebLinkAbout94-02691 j 1 ..$J o rJ If) .~ ~ qJ ~ \ \ f. ~I - .- d Tberesa B. Meakisz, Plaintiff : IN TIIB COURT OF COMMON PLKAS OF CUMBKRLAND COUNTY, PKNNSYLVAHIA . . NO. 94 - (~{., ell ClVI L TKJIJI v. . . Scott A. Cibulka, Defendant . . PROTKCTION FROM ABUSB AND CUSTODY : AND NOW, this TKJIIIORARY PROTKCTlVB ORDKR e<10t^ day of May, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Theresa E. Meakisz, now residing at Rolo Court, Lot 46, Mechanicsburg, Cu.berland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Scott A. Cibulka, the following Temporary Order is entered, The defendant, Scott A. Cibulka, whose present residence is unknown to the plaintiff, is hereby enjoined from physically abusing the plaintiff, Theresa E. Meakisz, or placing her in fear of abuse and is excluded fro. the residence located at Rolo Court, Lot 46, Mechanicsburg, Cu.berland County, Pennsylvania, a residence which is jointly owned by the parties but fro. which the defendant left in March 1994. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he .ay be in indirect criminal conte.pt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and the defendant shall not nullify the provisions of the court order directing the defendant to refrain fro. abusing the plaintiff. Temporary physical custody of Samantha Catherine Caroi Cibulka is hereby awarded to the plaintiff, Theresa E. Meakisz, with partial custody in the defendant, Scott A. Cibulka, at times agreed upon by the parties. The defendant is ordered to refrain fro. having any contact with the plaintiff including, but not limited to, restraining the defendant fro. entering the plaintiff's place of employ.ent, and from stalking or harassing the plaintiff. The defendant is ordered to refrain from damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the ~1tl day of May, i994, at q'.It; ~.m, in Courtroom No.~, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff .ay proceed in ~ DauDeris pending a further order after the hearing. The Cumberland County Sheriff's office shall attempt to .ake service at the plaintiff's request, but service .ay be accomplished under any applicable rule of Civil Procedure. The Upper Allen Township and New Cumberland Police Departments will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency when a violation occurs by arrest for indirect criminal conte.pt. The arrest may be without warrant upon probable cause that this Order has been violated, whether or not the violation is com.itted 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)be~ district / " justice. (23 Pa.C.S.A. Section 6113). ~ Theresa I. MeakisB, Plaintiff IN THI COURT OF COIIION PLEAS OF . . : CUJlBlRLAND COUNTY, PENNSYLVANIA v. NO. 94 - ~ ~q I CIVIL TIBII : Scott A. Cibulka, Defendant PIIOTICl'ION FROM ABUSI 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 pro.ptly 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 .ay proceed without you, and a judgment may be entered against you by the Court without further notice for any .oney claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose .oney or property or other rights imp?rtant to you. YOU SHOULD TAlI THIS PAPER TO YOUR LAlfYIR AT ONCE. IF YOU DO NOT HAVE A LAlfYIR OR CANNOT AFFORD ONE, GO TO OR TELIlPHONE TIlE OFFICE SIT FORTH BILOW TO FIND OUT WHIRl YOU CAN GIT LIGAL HELP. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSI CARLISLI, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 Theresa E. Meakisz, Plaintiff : I N THE OOURT OF COIOION PLEAS OF CUMBERLAND COUNTY, PEllNSYLVAlIIA . . Y. NO. 94 - ;U, q I CIVIL TERM . . Scott A. Cibulka, Defendant : PBOTEC'l'ION FROM ABUSE : AND CUSTODY PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT. 23 Pa. C.S.A. Section 6101 et. sea. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is Rolo Court, Lot 46, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2, The defendant is an adult individual whose present residence is unknown to the plaintiff. 3. The defendant is the father of the plaintiff's daughter. 4, Since approximately 1988, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and by physical menace has placed the plaintiff in fear of i..inent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a. On or about May 14, 1994, when the defendant came to the plaintiff's residence to return their daughter, he forcefully shoved the plaintiff in the chest with both hands and grabbed her by the shoulders causing her pain and making her fear for her safety. On other occasions during May, 1994, the defendant has threatened to "beat-up" the plaintiff and threatened to burn down her residence if she gets a Protective Order causing the plaintiff to fear for her safety. b. In April 1994, the defendant threatened to hurt the plaintiff and repeatedly punched a bedroom door p~tting a hole in it causing the plaintiff to fear for her safety. c. In or about April 1994, the defendant threatened to co..it suicide and take the plaintiff with him. d. In or about January 1994, the defendant sat on top of the plaintiff while they were in bed and punched her in the side of her face causing bruising. e. Since approximately 1088, the defendant has on several different occasions, threatened the plaintiff and has thrown and broken the plaintiff's telephones, pictures, a glass table, and other furniture causing the plaintiff to fear for her safety. 5. The plaintiff believes and therefore avers that she will be in i..ediate and present danger of abuse from the defendant should she re.ain in the home without defendant's exclusion and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be ordered to refrain from having any contact with her except to facilitate custody of their minor daughter. 7. The plaintiff desires that the defendant be ordered to refrain from entering her place of employment, and from stalking and harassing the plaintiff. 8, The defendant is ordered to refrain from da.aging or destroying any property owned by the plaintiff or any property owned jointly by the parties. B. TEMPORARY CUSTODY 9. The plaintiff seeks temporary custody of the following child: rllw! Present Residence Au Saaantha Catherine Carol Cibulka Rolo Court, Lot 46 Mechanicsburg, PA 3 yrs. old DOB 6/14/90 The child was born out of wedlock. The child is presently in the custody of the plaintiff, Theresa E. Meakisz, who resides at Rolo Court, Lot 46, Mechanicsburg, Pennsylvania. During the child's lifeti.e, the child has resided with the following persons and at the following addresses: liAU Addresses IlA!n Plainti ff S. Third St., Apt. 3 6/14/90 to Le.oyne, PA 11/30/90 Plaintiff and S. Third St., Apt. 3 11/30/90 to defendant Le.oyne, PA 3/15/91 Plaintiff and Trindle Rd., Apt. 3 3/15/91 to defendant ClUIP Hill, PA 10/15/92 Plaintiff and Rolo Court, Lot 46 10/15/92 to defendsnt Mechanicsburg, PA 3/94 Plaintiff Rolo Court, Lot 46 3/94 to Mechanicsburg, PA present The .other of the child is the plaintiff, Theresa E. Meakisz, currently residing at Rolo Court, Lot 46, Mechanicsburg, Pennsylvania. The plaintiff currently resides with the following persons: HH!! RelationshiD Saaantha Catherine Carol Cibulka Daughter She is single, The father of the child is the defendant, Scott A. Cibulka, whose current residence is unknown to the plaintiff. He is single. 10. The plaintiff has not previously participated in any litigation concerning custody of the above .entioned child in this or any other Court. 11. The plaintiff has no knowledge of any custody proceedings concerning this child pending 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 custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interests and permanent welfare of the child will be .et if custody is temporarily granted to the plaintiff pending a hearing in this .atter for reasons including the following: a. The plaintiff is a fit parent who can best take care of her child. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role .odel for the child. C. EXCLUSIVE POSSESSION 14. The home which the plaintiff is asking the Court to exclude the defendant from is owned in the names of the plaintiff and the defendant but the defendant has not resided there since March 1994. 15. The defendant has not lived in the residence at Rolo Court, Lot 46, Mechanicsburg, Pennsylvania, since March 1994, and has established his own residence elsewhere but the plaintiff has no knowledge as to that address. D. SUPPORT 16. The defendant is currently self-employed as a landscaper but the plaintiff has no knowledge as to his salary. 17. The plaintiff is employed part-time as a waitress at Bob-Evans and has a net monthly salary with tips of approximately $500.00 18. The plaintiff's income is insufficient to provide for her .ini.al needs and those of her child until such ti.e as a support order can be obtained by filing at the Domestic Relations Office, 19. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. E. LOSSES AND ATl'ORNKY FEES 20. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 21. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees pursuant to the Protection from Abuse Act. F. STATUS TO PROCEED IN FOIlJIA PAUPERIS 22. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S.A, Section 6101 et sea., as ~ended, 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 or placing her in fear oC abuse. 2, Requiring the deCendant to refrain Crom having any contact with the plaintifC except to Cacilitate custody oC their minor child. 3, Requiring the deCendant to reCrain Crom entering the plaintiCC's place oC employment, and from stalking and harassing the plaintiff. 4, Granting temporary physical custody oC the minor child to the plaintiff, Theresa E, Meakisz, with partial custody in the defendant, Scott A. Cibulka, at times agreed upon by the parties. 5. Granting possession oC the mobile home located at Rolo Court, Lot 46, Mechanicsburg, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter. or 6. Ordering the defendant to stay away from any residence the plaintiff .ay in the future establish for herself. 7. Ordering the defendant to refrain fro. daaaging or destroying any property owned by the plaintiff or any property owned jointly by the parties, 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: 1, Requiring the defendant to refrain fro. abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff except to facilitate custody of their minor child. 3. Requiring the defendant to refrain from entering the plaintiff's place of employment, and fro. stalking and harassing the plaintiff. 4, Granting possession of the mobile ho.e located at Rolo Court, Lot 46, Mechanicsburg, Pennsylvania, to the plaintiff to the exclusion of the defendant. 5. Ordering the defendant to stay away fro. any residence the plaintiff may in the future establish for herself. 6. Ordering the defendant to refrain fro. damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. 7. Granting support to the plaintiff in the aaount of $50.00 per week payable by .ail to the plaintiff. a. Ordering the defendant to reimburse the plaintiff's out-of- pocket losses suffered as a result of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit A. 9. Ordering the defendant to pay reasonable attorney fees. 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 Upper Allen Township and New Cumberland 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 II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 23. The allegations of Count I above are incorporated herein as if fully set forth. 24. The best interests and per.anent welfare of the child will be served by awarding custody to the plaintiff as set forth in Paragraph 13 of the Petition, WHEREFORE, pursuant to 23 P.S. 66 5301-5366, and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as .ay be just and proper. Respectfully submitted, l an Carey -Attorney for Plainti LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 Theresa R. Meakisz, Plaintiff : IN THR COURT OF COMMON PLKAS OF . . : CUMBKKLARD COUNTY, PKNNSYLVANIA . . : . . Y. NO. 94 - CIVIL TE1DI . . Scott A. Cibulka, Defendant : PHOTKCTION lIROII ABUSR : AND CUSTODY OIlT-oF-POCItKT LOSSK8 The plaintiff requests that the defendant pay for replacing the door he broke during the incident of abuse in or about May 1994. Exhibit A The above-naaed plaintiff, Theress E. Meakisz, verifies that the state.ents .ade in the above Petition are true and correct. The plaintiff understands that false state.ents herein are .ade subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 5-/9'- Y'I C~rL/d Yl~d~< Theresa E. Meakisz, Plaintiff tJ ":>" ~ """ ,"-J ~ ). .~ >- ::0: --.: .... If) co '..J I "~ (.' .' -~;..::: '.' .: _4.'- {.' Cl <:J 1,"1 '"f)~ (4 = c..... ... ~ .... .:~. d ,. .,' .:..~ ..... Theresa E. Meakisz, Plaintiff : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : VB. : : NO. 94 - 2691 CIVIL TERM : Scott A. Cibulka, Defendant PROTECTION FROM ABUSE : AND CUSTODY : AND NOW, this PROTECTIVE ORDER cQ~~day of May, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Scott A. Cibulka, is enjoined from physically abusing the plaintiff, Theresa E. Meakisz, or from placing her in fear of abuse. 2. The defendant, Scott A. Cibulka, is hereby excluded from the premises located at Rolo Court, Lot 46, Mechanicsburg, Pennsylvania. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. 3. The defendant, Scott A. Cibulka, is ordered to stay away from any residence the plaintiff may establish for herself in the future. 4. The defendant is ordered to refrain from entering the plaintiff's place of employment. S. The defendant is ordered to refrain from stalking and harassing the plaintiff. 6. The defendant is ordered to refrain from damaging or destroying any property owned by the plaintiff or any property jointly owned by the parties. 7. The defendant is ordered to pay support to the plaintiff in the amount of $50.00 per week payable by mail beginning June 3, 1994, until an Order is entered by the Domestic Relations Office. 8. The defendant is ordered to pay for replacing the door he broke during the incident of abuse in or about May 1994. The defendant shall pay the plaintiff within thirty days after the entry of this Order. 9. This Order shall remain in effect for a period of one year. 10. The Upper Allen Township and New Cumberland Police Departments will be provided with a copy of this Order by attorneys for plaintiff. 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 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 rict justice. (23 P.S. Section 6113). , / Theresa E. Meakisz, Plaintiff : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : : NO. 94 - 2691 CIVIL TERM : Scott A. Cibulka, Defendant : PROTECTION FROM ABUSE : AND CUSTODY : CUSTODY ORDER AND NOW, this ~ day of May, 1994, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Samantha Catherine Carol Cibulka. 1. The plaintiff, Theresa E. Meakisz, will have primary physical custody of the child. 2, The defendant, Scott A. Cibulka, will have partial custody of the child at times agreed upon by the parties. 3. Each parent will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 4. Neither parent shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. , HAY Z5 I 31 PH '9~ "J, r- !':f" ('f 'i,tJ:I~'.,J.tn' cu~u~:.', ,"l.D (:( "\iY ;'~'.,i. '\: \:_,' ,'.;"~ ...., :1-, rl .< '. " \\.' ,i ,( Theresa E. Meaki8z, Plaintiff : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : V8. : Scott A. Cibulka, Defendant : NO. 94 - 2691 CIVIL TERM PROTECTION FROM ABUSE : AND CUSTODY CONSENT AGREEMENT Z1f This Agreement is entered on this ~~ day of May, 1994, by the plaintiff, Theresa E. Meakisz, and the defendant, Scott A. Cibulka. 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, Scott A. Cibulka, agrees to refrain from abusing the plaintiff, Theresa E. Meakisz, or from placing her in fear of abuse. 2. The defendant agrees to refrain from entering the plaintiff's place of employment. 3. The defendant agrees not to stalk or from harass the plaintiff. 4. The defendant agrees to stay away from the residence located at Rolo Court, Lot 46, Mechanicsburg, Pennsylvania. S. The defendant agrees to stay away from any residence the plaintiff may establish for herself in the future. 6. The defendant agrees to refrain from damaging or destroying any property owned by the plaintiff or any property jointly owned by the parties. 7. The defendant agrees to pay support to the plaintiff in the amount of $50.00 per week payable by mail beginning June 3, 1994. 8. The defendant agrees to pay for replacing the door he broke during the incident of abuse in or about May 1994. The defendant agrees to pay the plaintiff within thirty days after the entry of this Order. 9. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 10. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 11. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. 12. The defendant and the plaintiff agree to the entry of a Custody Order regarding their child, Samantha Catherine Carol Cibulka, providing the following: a. The mother will have primary physical custody of the child. b. The father will have partial custody of the child at times agreed upon by the parties. c. Each parent agrees to notify the other immediately of medical emergencies which arise while the child is in that parent's care. d. The parents realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither parent will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that the Orders of Court be entered to reflect the above terms. M~ Scott A. cibulka, Defendant an- Carey Attorney for Plai iff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2691 Civil Term Temporary Protective Order Protection From Abuse and Custody Notice and Petition for Protective Order and Custody Theresa E. Meakisz VS Scott A. Cibulka R. Thomas Kline, Sheriff, who being duly sworn according to law, says that on May 26, 1994 at 2:00 o'clock P.M., E.D.S.T., he is returning the within Temporary Protective Order Protection From Abuse and Custody Notice and Petition for Protective Order and Custody, in the above entitled action, as "NO ACTION TAKEN" per instructions from Legal Services on May 26, 1994. Sheriff's Costs: Docketing 14.00 So Answers: , 1. .,. ~-;' ,~~'/o \. ~", ..__-'/ /1 .'>'~ # / ~,._(' 'r."-I'1:00< ./~ ,,-~"-"'" ." / Thomas Kline, Sheriff 1994, A.D. Subscribed to Before Me Day of \.J.~ _ , "- !"1/_~ {. )It..~i~ A.k.... ' )'l'othonotary I -r-r- Sworn and This hI- 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 plaintiff is prepared to have a hearing held in order to obtain a Final Protective Order effective for one (1) year. As an alternative, you IIIllY consent to the entry of the Final Protective order to be In effect for one year. If you are wi 11 i08 to consent you should call Legal Services, Inc., 243-9400 or 766-8475, and ask to speak to the staff person handling the case about a Consent Agreement. e The Consent Agreement should be prepared before the time scheduled for the hearing 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 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 Protective Order. a contested hearing 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 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 IIIllY contact: Court Administrator, 4th Floor Cumberland County Courthouse Carlisle, PA 17013 ( 717) 240-6200 AND NOll, this ytPORARY PROTECTIVE ORDER f) 0 1) day oC May, 1994, upon presentation and Theresa E. Meakisz, Plaintiff : IN THE COURT OF COMMON PLEAS OF . . . . CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . v. : NO. 94 - Jf// / CIVIL TERM . . Scott A. Cibulka, DeCendllDt PROTECTION FROM ABUSE : AND CUSTODY consideration of the within Petition, and upon finding that the plaintiff, Theresa E. Meakisz, now residing at Rolo Court, Lot 46, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse Cro. the defendant, Scott A. Cibulka, the following Temporary Order is entered, The defendant, Scott A, Cibulka, whose present residence is unknown to the plaintiff, is hereby enjoined from physically abusing the plaintiff, Theresa E. Meakisz, or placing her in fear of abuse and is excluded fro. the residence located at Rolo Court, Lot 46, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties but from which the defendant leCt in March 1994. The defendant is hereby notified that if he resides in the plaintiff's 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 sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and the defendant shall not nullify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. Temporary physical custody of Samantha Catherine Carol Cibulka is hereby . awarded to the plaintiff, Theresa E. Meakisz, with partial custody in the defendant, Scott A. Cibulka, at times agreed upon by the parties. The defendant is ordered to refrain fro. having any contact with the plaintiff including, but not limited to, restraining the defendant fro. entering the plaintiff's place of employ.ent, and from stalking or harassing the plaintiCC. The defendant is ordered to refrain fro. dasaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. case. This Order shall remain in effect until a final order is entered in this -:u A hearing shall be held on this matter on the ;J7 day of May, 1994, q' / <;'"" tl .11. in Courtroom No.'17- , Cumberland County Courthouse, at Carlisle, Pennsylvania. The plaintiff may proceed in f2ImA oauoeris pending a further order after the hearing, The Cumberland County Sheriff's of rice shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure, The Upper Allen Township and New Cumberland Police Departments will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency when a violation occurs by arrest for indirect crillinal contempt. The arrest may be 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 arraigned before the appropriate district justice. (23 Pa,C,S'A' Section 6113). By the Court, ......,." 'r.: ,~'""~\' r:'~I("'~" FJ':r"'RD ~ rtu..~ .../r......,~ I , 1 \.,./1'.'1 It.....U 'n T~"I""J~~ \","'1,""1' ""~'t' "1"(\ '. ., 1'1\/ h'od . .d~ I \'. 'I" 1 I.. ~~. I',. ,'" T1 . ......\ . J 1)0& .j ~:~J ~.b;:.1 {,{ ~':i,; ~~(:ort Jt Ct!fH:l~, Pit. 'L~!!.!S...._!!:rivJ.<!n(t.:J' 19 <} ~ .~J.( ('0 ./11, C21" ~ ~.. .1.,-' Frolllonotary /5/~!! ~ Theresa E. Meakisz. . IN THB COURT OF COMMON PLEAS OF . Plaintiff . . . CUMBERLAND COUNTY. PENNSYLVANIA . . . . . v. : NO. 94 - CIVIL TERM Scott A. Cibulka. . PROTECTION FROM ABUSE . Defendant AND CUSTODY NOTICE You have been sued in court. IC you wish to deCend against the claims set forth in the Collowing pages. you must take action promptly aCter 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 deCenses or objections to the claims set Corth against you. You are warned that iC you Cail to do so the Court may proceed without you. and a judgaent may be entered against you by the Court without Curther notice Cor any money claimed in the Petition or Cor any other claim or relief requested by the plaintiCC. You may lose aoney 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 THE OFFICE SET FORTH BELOW TO FIND OUT WIIBRE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR. 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE. PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 . . Theresa E. Meakisz, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUJlBERLAND COUNTY, PENNSYLVANIA . . . . v. : NO. 94 - CIVIL TERM . . Scott A. Cibulka, Defendant : PIlOTECTION PROM ABUSE AND CUSTODY PETITION FOR PIlOTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT. 23 Pa. C.S.A. Section 6101 et. sea. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is Rolo Court, Lot 46, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2, The defendant is an adult individual whose present residence is unknown to the plaintiff. 3. The deCendant is the Cather of the plaintiff's daughter. 4. Since approximately 1988, the deCendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and by physical menace has placed the plaintifC in Cear oC i..inent serious bodily injury. This has included but is not limited to the following specific instances oC abuse: a. On or about May 14, 1994, when the defendant came to the plaintifC's residence to return their daughter, he CorceCully shoved the plaintifC in the chest with both hands and grabbed her by the shoulders causing her pain and making her Cear Cor her saCety. On other occasions during May, 1994, the defendant has threatened to "beat-up" the plaintifC and threatened to burn down her residence if she gets a Protective Order causing the plaintifC to Cear Cor her safety. b. In April 1994, the defendant threatened to hurt the plaintiff and repeatedly punched a bedroom door putting a hole in it causing the plaintiff to fear for her safety. c. In or about April 1994, the defendant threatened to coemit suicide and take the plaintiff with him. d. In or about January 1994, the defendant sat on top of the plaintiff while they were in bed and punched her in the side of her face causing bruising. e. Since approximately 1988, the defendant has on several different occasions, threatened the plaintiff and has thrown and broken the plaintiff's telephones, pictures, a glass table, and other furniture causing the plaintiff to fear for her safety. 5. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant should she remain in the home without defendant's exclusion and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be ordered to refrain from having any contact with her except to facilitate custody of their minor daughter. 7. The plaintiff desires that the defendant be ordered to refrain from entering her place of employment, and from stalking and harassing the plaintiff. 8. The defendant is ordered to refrain from damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. B. TEMPORARY CUSTODY 9. The plaintiff seeks temporary custody of the following child: If!G Present Residence AD S~antha Catherine Carol Cibulka Rolo Court, Lot 46 Mechanicsburg, PA 3 yrs. old DOB 6/14/90 The child was born out of wedlock. The child is presently in the custody of the plaintiff, Theresa E. Meakisz, who resides at Rolo Court, Lot 46, Mechanicsburg, Pennsylvania. During the child's lifetime, the child has resided with the following persons and at the following addresses: ~ Addresses D.AW PlaIntiff S, Third St., Apt. 3 6/14/90 to Lemoyne, PA 11/30/90 Plaintiff and S. Third St. I Apt. 3 11/30/90 to defendant Lemoyne, PA 3/15/91 Plaintiff and Trindle Rd., Apt. 3 3/15/91 to defendant Camp Hill, PA 10/15/92 Plaintiff and Rolo Court, Lot 46 10/15/92 to defendant Mechanicsburg, PA 3/94 Plaintiff Rolo Court, Lot 46 3/94 to Mechanicsburg, PA present The Bother of the child is the plaintiff, Theresa E. Meakisz, currently residing at Rolo Court, Lot 46, Mechanicsburg, Pennsylvania. The plaintiff currently resides with the following persons: ~ Relationshin Samantha Catherine Carol Cibulka Daughter She is single. The father of the child is the defendant, Scott A. Cibulka, whose current residence is unknown to the plaintiff. He is single. 10. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 11. The plaintiff has no knowledge of any custody proceedings concerning this child pending beCore a court in this or any other jurisdiction. 12. The plaintiCC does not know of any person not a party to this action who has physical custody oC the child or claims to have custody or visitation rights with respect to the child. 13. The best interests and permanent welCare of the child will be met iC custody is temporarily granted to the plaintiCf pending a hearing in this matter Cor reasons including the Collowing: a. The plaintiCC is a Cit parent who can best take care of her child. b. The deCendant has shown by his abuse oC the plaintiff that he is not an appropriate role model for the child. C. EXCLUSIVE POSSESSION 14. The home which the plaintiCC is asking the Court to exclude the deCendant Crom is owned in the names oC the plaintiCC and the defendant but the deCendant has not resided there since March 1994. 15. The deCendant has not lived in the residence at Rolo Court, Lot 46, Mechanicsburg, Pennsylvania, since March 1994, and has established his own residence elsewhere but the plaintifC has no knowledge as to that address, D. SUPPORT 16. The defendant is currently selC-employed as a landscaper but the plaintiCC has no knowledge as to his salary. 17. The plaintifC is employed part-time as a waitress at Bob-Evans and has a net monthly salary with tips oC approximately $500.00 18. The plaintiff's income is insuCficient to provide Cor her minimal needs and those of her child until such time as a support order can be obtained by filing at the Domestic Relations Office. 19. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. E. LOSSES AND ATTORNEY FEES 20. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 21. The plaintiCf asks that the defendant be ordered to pay reasonable attorney fees pursuant to the Protection from Abuse Act. F. STATUS TO PROCEIlD IN FORMA PAUPERIS 22. The plaintiff does not have funds available to pay the fees for filing and service. HHEREFORE, pursuant to the provisions of the "Protection Cro. Abuse Act" of October 7, 1976, 23 Pa.C.S.A, Section 6101 ~ sea., as ~ended, the plaintifC prays this Honorable Court to grant the Collowing relief: A, Grant a Temporary Order pursuant to the "Protection fro. Abuse Act": 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff except to facilitate custody oC their .inor child. 3. Requiring the deCendant to refrain from entering the plaintiCf's place of employment, and Crom stalking and harassing the plaintiff. 4. Granting temporary physical custody of the .inor child to the plaintiff, Theresa E. Meakisz, with partial custody in the defendant, Scott A. Cibulka, at times agreed upon by the parties. 5. Granting possession of the mobile hOlDe located at Rolo Court, Lot 46, Mechanicsburg, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter. or 6. Ordering the deCendant to stay away from any residence the plaintiff .ay in the future establish Cor herself. 7. Ordering the defendant to reCrain Crom damaging or destroying any property owned by the plaintiCC or any property owned jointly by the parties. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, aCter such hearing, enter an order to be in effect for a period oC one year: 1. Requiring the deCendant to refrain Crom abusing the plaintifC or placing her in Cear of abuse. 2. Requiring the deCendant to refrain from having any contact with the plaintifC except to facilitate custody of their minor child. 3. Requiring the deCendant to reCrain from entering the plaintifC's place oC employment, and Crom stalking and harassing the plainti rr. 4. Granting possession oC the mobile home located at Rolo Court, Lot 46, Mechanicsburg, Pennsylvania, to the plaintiCC to the exclusion oC the deCendant. 5. Ordering the deCendant to stay away from any residence the plaintiCC may in the future establish Cor herselC. 6. Ordering the deCendant to reCrain from damaging or destroying any property owned by the plaintiCC or any property owned jointly by the parties. 7. Granting support to the plaintiCC in the amount oC $50.00 per week payable by mail to the plaintiCC. 8. Ordering the defendant to reimburse the plaintiff's out-of- pocket losses suffered as a result of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit A. 9. Ordering the defendant to pay reasonable attorney fees. 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 Upper Allen Township and New Cu.berland 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 II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 23. The allegations of Count I above are incorporated herein as if fully set forth. 24. The best interests and permanent welfare of the child will be served by awarding custody to the plaintiff as set forth in Paragraph 13 of the Petition. WHEREFORE, pursuant to 23 P.S. 66 5301-5366, and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, . J an Carey -Attorney for Plainti LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Theresa E. NeakisB, Plaintiff : IN THE OOUBT OF COIOION PLIWI OF . . . . CUJOlKRLARD COUHTY, PENNSYLVANIA . . . . v. NO. 94 - CIVIL TERN : Scott A. Cibulka, Defendant . . : PIla1'ECTION FROM ABUSE AND CUSTODY OUT-oF-POCJ{R'r WSSEB The plaintiff requests that the defendant pay for replacing the door he broke during the incident of abuse in or about May 1994. Exhibit A The above-named plaintiff, Theresa E. Meakisz, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are aade subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 5-/P- ~ (J/t~/~//,( C/ld- a:ff#:~f Theresa E. Meakisz, Plaintiff ~' c-.~ /'.. i... , '. ~ ~ e:g \tUil