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Home My WebLink About94-03102 c ~ c -5 ..., ~ .-' ...- --- .~ ,~, a J j RENEE LYNN JOHNSON, Plaintiff IN TilE COUR'r OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - SIO~ CIVIL 'rERM PROTECTION FROM ABUSE I AND CUSTODY I I DERRICK QU INCY PII ILLI PS Defendant TEMPORARY PROTECTIVE ORDER AND NOW, this 9-f;h day of Qi;".AL~__' 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, RENEE LYNN JOIINSON, now residing at 521 Cherry Court, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, DERRICK QUINCY PHILLIPS, the following Temporary Order is entered. The defendant, DERRICK QUINCY PIIILLIPS, now residing at 141 S. Chestnut Street, Dillsburg, York County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, RENEE LYNN JOHNSON, or placing her in fear of abuse and is ordered to stay away from the residence located at 521 Cherry Court, Carlisle, Cumberland County, Pennsylvania, a residence leased solely by the plaintiff. 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 defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. Temporary custody of ERIC TREMAYNE JOHNSON is hereby awarded to the plaintiff, RENEE LYNN JOHNSON. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 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 17 Chday of June, 1994, at ~()(I L.m. in Courtroom No. / , Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed ~ forma pauperis pending a further order after the hearing. 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 Police Department 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 with the plaintiff and as the plaintiff was walking into her apartment, the defendant slammed the door causing it to hit the plaintiff's head. The defendant then punched the plaintiff on the side of her facp., causing pain to the plaintiff. c. On or about May 30, 1994 the defendant came to the plaintiff's aunt's house, grabbed the plaintiff's face with his hands and squeezed tightly. The defendant then punched the plaintiff in the back of her neck with his fist and then punched the plaintiff in her right eye. The plaintiff locked herself in the bathroom and called the police. As a result of this incident, the plaintiff suffered bruising to her eye. d. On or about June 3, 1994, the defendant stole the plaintiff's house key, broke into her apartment after dark by cutting through the screen door and attempted to stab a male friend of the plaintiff's with a pocket knife. The plaintiff called the police, who arrested the defendant the next morning. The plaintiff fears for her safety. 5. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant and is in need of protection from such abuse. 6. The plaintiff desires that the defendant be restrained from having any contact with her, harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. Name Relationship Eric Tremayne Johnson Son 8. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 9. The plaintiff has no knowledge of any custody proceedings concerning this child 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 child or claims to have custody or visitation rights with respect to the child. 11. The best interests and permanent welfare of the child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for the following reasonSI 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 model for the child. C. SUPPORT, SECTION 12. The defendant has a duty to support the minor child. 13. The defendant is employod at Wanda's and haa an hourly salary of approximately $5.50. 14. The plaintiff currently is on public assistance and receives $316.00 per month. 15. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. D. ATTORNEY FEES 16. The plaintiff asks for attorney feee, to be paid to Legal Services, Inc., pursuant to the Protection from Abuse Act. E. STATUS TO PROCEED IN FORMA PAUPERIS 17. The plaintiff does dot 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. 6101 et ~., as amended, the plaintiff prays thie Honorable Court to grant the fOllowing reliefl A. Grant a Temporary Order pursuant to the "Protection from Abuse Act l" 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, including, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Granting temporary custody of the minor child to the plaintiff. 4. Ordering the defendant to stay away from the plaintiff's current residence of 521 Cherry Court, Carlisle, Pennsylvania. 5. Ordering the defendant to stay away from any residence the plaintiff may in the future cstablish for herself. 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 yearl 1. Requiring the dcfendant 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, including, but not limited to, restraining the defendant from harassing or atalking the plaintiff, and from harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 4. Granting support to the plaintiff in the amount of $180.00 per month payable by mail. 5. Ordering the defendant to pay attorney fees to Legal Services, Inc., pursuant to the Protection From Abuse Act. 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 Police Department as the Police Department with jurisdiction to enforce this Order. )-~. 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