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HomeMy WebLinkAbout94-02707 ; ~, , ~U 30 Pll '9~ I:.. , .'. , ',~, y .J , . ',11 .. , '. ' . entered in this case. A hearing shall be held on thi~ matter on the tJ..~ -tA day of May, 1994, at _~tJtJ NO,~, Cumberland County Courthouse, L;i ,m, in Courtroom I Carlisle, Pennsylvania. The plaintiff may proceed in forma p-~~eris pending a further order after the heoring. 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 Carlisle and Mechanicsburg 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 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 Pa.C.S.A, Section 6113). By the Court, ~~. A ti " J . i / NO. 94 - CIVIL TERM DIANA M. HILLIARD. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. PROTECTION FROM ABUSE : AND CUSTODY DAVID C. HILLIARD, Defendant 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 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 THE 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 DIANA M, HILLIARD, Plaint iff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - J7o'1 CIVIL TERM vs. PROTECTION FROM ABUSE AND CUSTODY DAVID C, HILLIARD, Defendant PETITION FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT ?3 P.S, SECTION 6101 A. AB_U_SE 1. The plaintiff is an adult individual whose permanent address is 1405 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013, 2. The defendant is an adult individual residing at 1405 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the plaintiff's husband. 4. Since approximately March 1994, 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 imminent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a, On or about May 15, 1994, while the plaintiff was in her bed, the defendant came into her room, and forcefully grabbed her breasts and other parts of her body. The defendant then grabbed the plaintiff's wrist and lay on top of her, holding her down despite the plaintiff's resistance, The next morning, the defendant came into the plaintiff's room and again forcefully grabbed her breasts, When the plaintiff resisted, the defendant pushed her down with his body, The plaintiff experienced pain and feared for her safety because of these incidents and past sexual assaults from the defendant. b. On or about April 25, 1994, while the plaintiff and defendant were arguing, the defendant pushed the plaintiff with his body, grabbed her by the shoulders and squeezed them. The defendant then pushed the plaintiff several times, The defendant next picked the plaintiff up and threw her across the room, causing her to land on top of the couch and hit her head on the couch. The plaintiff went to the telephone to call the police, and the defendant grabbed the phone from her hands and pulled the cord out of the wall. The defendant then flipped the plaintiff's chair over causing her to fall onto the floor. The plaintiff ran to the other side of the room; The defendant followed her, took a picture from the wall, and threw it at the plaintiff causing it to shatter at the plaintiff's feet. Several times when the plaintiff attempted to leave to avoid further abuse, the defendant pushed her away from the door, causing her to stumble and fall onto the floor. c. On or about April 16, 1994, the defendant approached the plaintiff who was in bed and forcefully kissed her on the mouth, When the plaintiff told the defendant to leave her alone, the defendant straddled her, forced her shirt off, held her hands down, and again kissed her forcefully on the mouth. The defendant held the plaintiff down on the bed. pulled her pants down and while the plaintiff struggled to get away, the defendant raped her, d. On or about April 11, 1994, the defendant picked the plaintiff up and carried her upstairs against her will, threw the plaintiff onto the bed, straddled her, and ripped her shirt off of her. When the plaintiff managed to get the defendant off of her and run across the room, the defendant went to the door, locked it, removed his pants, came toward the plaintiff who was trying to get her clothes back on, grabbed her, threw her onto the bed, straddled her. held her hands above her head with his one hand, and with his other hand. grabbed at the plaintiff's body and pushed his fingers forcefully inside the plaintiff's vagina, In the struggle to get the defendant off of her, the defendant hit the dresser and became enrgaged. The defendant then came at the plaintiff, grabbed her hips with both of his hands, and forced his penis inside of her while holding her down. 5. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 6, The plaintiff desires that the defendant be restrained from harassing the plaintiff, and from harassing the plaintiff's relatives. B, TEMPORARY CUSTODY 7. The plaintiff seeks temporary custody of the following children: Name Present Residence Age JASON DAVID HILLIARD 1405 Spring Road Carlisle, PA 13 yrs. STEVEN JOHN HILLIARD same location 10 yrs. The children were not born out of wedlock, The children are presently in the custody of DIANA and DAVID HILLIARD who resides at 1405 Spring Road, Carlisle, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: Name Addresses plaintiff & defendant 52 Marilyn Drive Carlisle, PA Dates 1989 - 6/92 plaintiff & defendant 1405 Spring Road Carlisle, PA 6/92 - present The mother of the children is DIANA HILLIARD, currently residing at 1405 Spring Road, Carlisle, Pennsylvania. She is married. The father of the children is DAVID HILLIARD, currently residing at 1405 Spring Road, Carlisle, Pennsylvania. The plaintiff currently resides with the fOllowing persons: Name BelationshiD DAVID HILLIARD JASON HILLIARD STEVEN HILLIARD husband son son 8. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. 9, The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 10, 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. 11, 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 the following reasons: a. The plaintiff is a fit parent who can best take care of her child. b. The plaintiff had been the primary caretaker of the children. b. The defendant has shown by his abuse of the petitioner that he is not an appropriate role model for the children. C. ATTORN~Y FEES 12. The plaintiff asks for attorney fees to be paid to LEGAL SERVICES, INC. pursuant to the Protection from Abuse Act. D, STATUS TO PROCEED IN FORMA PAUPERIS 13. The defendant is employed at Lindeman Moving Co, and has a weekly salary of approximately $400,00. 14. The plaintiff currently is employed at Taco Bell and receives approximately $500.00 every two weeks. 15, 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 P.S. Section 6101 et ~., 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 or placing her in fear of abuse. 2. Requiring the defendant to refrain from harassing the plaintiff and from harassing the plaintiff's relatives. 3, Ordering that the parties share physical and legal custody and if they cannot agree on a schedule, ordering that the plaintiff have custody on Monday and Tuesday, the defendant on Wednesday and Thursday, and that the parties alternate custody from Friday through Sunday. 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 from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from harassing the plaintiff and from harassing the plaintiff's relatives, 3, Ordering the defendant to pay attorney fees to Legal Services. Inc. pursuant to the Protection From Abuse Act. 4. Ordering that the parties share physical and legal custody and if they cannot agree on a schedule, ordering that the plaintiff have custody on Monday and Tuesday, the defendant on Wednesday and Thursday, and that the parties alternate custody from Friday through Sunday. 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 Carlisle and Mechanicsburg 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. COUNI-L! CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 16. The allegations of Count I above are incorporated herein as if fully set forth. 17. The best interests and permanent welfare of the children will be served by confirming custody in the plaintiff as set forth in Paragraph 11 of the Petition, WHEREFORE, pursuant to 23 P,S. Section 5301 ~t ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award physical and legal custody of the minor children to both parties, The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~tLf.J; AJJ-," Joa Carey ]J t! ~ Attorney for Pla)n~iTf LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 . . ORDER FOR CONTINUANCE AND NOW, this 2~' day of May, 1994, upon consideration of the attached Motion for continuance, the hearing scheduled for May 26, 1994, at 2:00 p.m. in Courtroom No.4, is continued until the :i!!:... day of C)u.. JLL , 1994, at <;.'15 ~.m. The Temporary Protective Order will remain in effect pending further order of Court. A copy of this Order for continuance will be provided to the Carlisle and Mechanicsburg Police Departments by the attorneys for the plaintiff. By the Court'; K2:~~.~~ ; // WHEREFORE, the plaintiff moves this Court to grant the plaintiff's Motion, and to continue this matter until further Order of Court. /' .yfJf-r ~ Joan Cat' Y Philip C. Briganti Attorneys for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle PA 17013 (717) 243-9400 , ~ en = ~ u' .J"> . .': )- >- .1" .._ ~ , ,. -, .,. ,. _-:; SHERIFF'S RETURN CXM1ONWEAL'1ll OF PENNSYLVANIA: COUNl'Y OF ClMlERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2707 Civil Term Temporary Protective Order Protection From Abuse and Custody Notice and Petition for Protective Order Diana M. Hilliard VS David C. Hilliard Daniel P9';pe>r ,~K~l1Ir Deputy Sheriff of Cunberland County. Pennsylvania, who being duly swom according to law. says, that he served the within Temporary Protective Order Protection From Abuse & Custody, Notice and Petition for Protective Order upon David C. Hilliard , the defendant, at 7:40 o'clock P .M. ~ / EDST, on the day of May , 1994at 25 1405 Sorinq Road, CArlisle , Cumberland County, Pennsylvania, by handing to David C, Hilliard a true and attested copy of the Temporary Protective Order Protection Fro,m Abuse & Custody, Notice and Petition for Protect~ve order and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: DoCketing Service Affidavit Surcharge So answers: -_.....-;/~ ~ r-~ 77~?"n:~ 1~ R. Thomas Kline, Sheriff 14.00 2.80 16.80 Swom and subscribed to before me day of ).....~ . by 5Z-~#~- Deputy Sheriff this -1~ 19 qu, A,D. ~I'_'- C .)hL((:<-- A,J"'l ' . ~ Pr(j)thonotary DIANA M. HILLIARD, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : . CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACTION - LAW vs. . . . NO.94-2707 CIVIL TERM . DAVID C. HILLIARD, . . Defendant . PROTECTION FROM ABUSE AND CUSTODY . ORDER FOR CONTINUANCE AND NOW, this I~ day of July, 1994, upon consideration of the attached Motion for continuance, the hearing scheduled for July 1, 1994, in Courtroom No.4 of the Cumberland county Courthouse, Carlisle, Pennsylvania has been generally continued. The Temporary protective Order of May 20, 1994, remains in effect pending further order of Court. This order is entered without prejudice to either party. A copy of this Order for Continuance will be provided to the Carlisle and Pennsylvania State Police Departments by the attorneys for the plaintiff. By the Court, DIANA M. HILLIARD, IN THE COURT OF COMMON PLEAS OF plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. . . NO.94-2707 CIVIL TERM DAVID C. HILLIARD, . . Defendant : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The plaintiff moves this Court for an Order continuing the hearing on this case until further Order of Court, on the grounds that: 1. A Temporary Protective Order was issued by this Court on the 20th day of May, 1994, scheduling a hearing for the 26th day of May, 1994, at 2:00 p.m. 2. An Order for Continuance was signed on the 25th day of May, 1994, since the defendant had not been served with the Temporary Protective Order. The hearing was rescheduled for the 8th day of June, 1994, at 8:45 a.m, 3. The defendant's attorney, Robert Lieberman, contacted Legal Services, Inc., to reschedule the matter due to scheduling conflicts. The hearing was rescheduled for July 1, 1994 at 8:45 a.m. 4. Since May 25, 1994, Legal services has been in contact with the defendant through his attorney. The parties wish to negotiate a settlement making a hearing unnecessary at this time. 5. The plaintiff and defendant are in the process of finalizing the terms of the settlement and need additional time. 6. The defendant is not opposed to a continuance of the hearing. 7. The plaintiff asks that the Temporary Protective Order remain in effect pending further Order of Court. 8. A copy of the Order for continuance will be delivered to the Carlisle and Pennsylvania state Police Departments by attorneys for the plaintiff. WHEREFORE, the plaintiff requests that an Order for continuance be entered and that pending further Order of Court the Temporary Protective Order remain in effect. Respectfully submitted, Phi1f~iC~ ..".' Joan Carey Attorney for LEGAL SERVICES, INC. 8 Irvine Row Carlisle PA 17013 (717) 243-9400