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HomeMy WebLinkAbout94-03745 (' OJ ~ c .... J € t.. ~ J LO '::t' C"- ('() . ~ ') Linda M. poulin, Plaintiff IN 'I'IIE COUll'!' OF COMMON PLEAS OF v. CUMBEIlLAND COUNTY, PENNSYLVANIA NO. 94 - J "/'/05 CIVU, TERM PROTECTION FROM ABUSE AND CUSTODY John R. Kin9, Defendant TEMPORARY PROTECTIVE ORDER AND NOW, this <i~L day of :r.u..l'l ,1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Linda M. Poulin, and her minor children, now residing at 29 E. orange street, Shippensburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, John R. Kin9, the followin9 Temporary Order is entered. The defendant, John R. King, now residing, to the best of the plaintiff's knowledge, at The Knights Inn, Carlisle, Cumberland County, penneylvania, is hereby enjoined from physically abusing the plaintiff, Linda M. POUlin, or placing her in fear of abuse and is excluded from the residence located at 29 E. orange Street, Shippensburg, Cumberland County, Pennsylvania, a residence Which is jointly leased by the parties. 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 direoting the defendant to refrain from abusing the plaintiff. Temporary oustody of Heather Marie l<ing and Joseph Russell l<ing is hereby awarded to the plaintiff, Linda M. poulin. The defendant is ordered to refrain from having any oontaot with the plaintiff inoluding, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives or minor children. 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 1') tJ day of ?o_j: , 1994, at ~ .~ 0 tl"m. in ,1 d Courtroom No. .s- , cumberland county Courthouse, carlisle, Pennsylvania. The plaintiff may proceed in forma oauoeris 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 Mid cumberland Valley 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 oause 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 oourt that issued the Order. When that court is unavailable, the defendant shall be taken before the appropriate district justice (23 Pa.C.S.A. 56113). By the Court, J. v. I IN THE COURT OF COMMON PLEAS OF I I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94 - ."N, CIVIL TERM I I PROTECTION FROM ABUSE I AND CUSTODY I I Linda M. poulin, Plaintiff John R. King, 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 FORTI! BELOW TO FIND OUT WHERE yOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLIBLE, PENNSYLVANIA 17013 TELEPHONE NUMBER I (717) 240-6200 I I , , , I ! :1 :j i Linda M. poulin, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - ;.'tls~ CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY v. John R. King, Defendant PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whoee permanent address is 29 E. orange street, Shippensburg, cumberland County, Pennsylvania, 17257. 2. The defendant is an adult individual residing, to the best of the plaintiff's knowledge, at The Knights Inn, Carlisle, cumberland county, Pennsylvania, 17013. 3. The defendant is father of the plaintiff's children. 4. Since 1991, 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 June 18, 1994, the defendant became angry with the plaintiff and hit her with a board which was approximately five feet long with nails protruding from it. In addition, the defendant choked the plaintiff and punched her. As a result of the defendant's abuse, the plaintiff briefly passed out and suffered a sprained finger and a bloody nose. b. On or about June 19, 1994 the defendant punched the plaintiff and threatened to hit her with the board again. Fearing for her safety, the plaintiff went to her father's house in sidney, New York, where she received medical treatment at a local hospital. The plaintiff spoke with the sidney police Department about the incident and they contacted the Mid Cumberland Valley Police Department. c. On or about June 29, 1994, the defendant became angry with the plaintiff, pulled her into the house and dragged her up the stairs by her hair. The defendant slapped, punched and choked the plaintiff, causing the plaintiff to have erythema on or about her neck for approximately a week. During this incident the defendant also picked up a board with nails protruding from it and threatened the plaintiff that he was going to beat her until he killed her. The plaintiff screamed for help and a friend who heard her screams came into the house and intervened. The Mid Cumberland Valley Police were called and the defendant was arrested. As a result of the defendant's abuse, the plaintiff suffered extreme pain in the left side of her abdomen and was taken by ambulance to the chambersburg Hospital. At the hospital the plaintiff received medical treatment, including a CAT Scan. d. In addition to the above incidents, the defendant has, on an approximately bi-weekly basis, threatened to beat, or has actually beaten, the plaintiff with a boardl threatened to kill the plaintiff, and has shoved, punched, slapped, kicked and choked the plaintiff. On one occasion the defendant threw the plaintiff down a flight of stairs. 5. The plaintiff believes and therefore avers that she and her children 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 restrained from having any contact with her, including, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff'S relatives, or minor children. B. TEMPORARY CUSTODY 7. The plaintiff seeks temporary custody of the following children I liAm!l Present Residence 29 E, orange Street Shippensburg, PA 17257 Joseph Russell King 29 E. orange Street Shippensburg, PA 17257 The children were born out of wedlock. A9!l Heather Marie King 4 years old 3 years old The children are presently in the custody of Linda M. poulin who resides at 29 E. Orange street, Shippensburg, Cumberland County, Pennsylvania. During the children's lifetime the ohildren have resided with the following persons and at the following addresses I NAm.i Addresses Dates plaintiff, defendant 16 E. King street 2/14/90 to 3/91 and Jason poulin Shippensburg, PA (plaintiff's minor 17257 son) Plaintiff and Jason 16 E. King street 3/91 to 1/16/92 poulin shippensburg, PA 17257 Plaintiff and Jason 29 E. orange street 1/15/92 to 10/93 poulin Shippensburg, PA 17257 plaintiff, 29 E. orange street 10/93 to 6/94 defendant, Jason Shippensburg, PA poulin and Tammy 17257 King (defendant's minor daughter) Plaintiff, 29 E. orange street 6/94 to present defendant and Jason Shippensburg, PA poulin 17257 The mother of the children is Linda M. poulin, currently residing at 29 E. Orange street, Shippensburg, cumberland county, Pennsylvania. The father of the children is John R. King, currently residing at The Knights Inn, Carlisle, Cumberland county, Pennsylvania. The plaintiff currently resides with the following persons I ~ Relationllb.lll Jason poulin Plaintiff's Minor Son Heather Marie King Daughter Joseph Russell King Son t 8. The plaintiff has not previously partioipated 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 I 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 plaintiff that he is not an appropriate role model for the children. C. EXCLUSIVE POSSESSION 12. The home from which the plaintiff is asking the Court to eKclude the defendant is rented in the names of Linda M. Poulin and John R. King. 13. The plaintiff currently has no place to stay with her children eKcept the marital home, and the defendant is currently etaying at his place of employment, The Knights Inn. 14. The plaintiff desires possession of the home becaUse she has no where else to stay with her children. D. SUPPORT 15. The defendant has a duty to support his minor children, Heather Marie King and Joseph Russell King. 16. The defendant is employed at The Knights Inn and has an annual salary of approximately $15,120.00. 17. The plaintiff is on public assistance and her income is insufficient to provide for her minimal needs and those of her children until such time as a support order can be obtained by filing at the Domestic Relations Office. 18. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. E. LOSSES 19. The plaintiff has suffered losses as a result of the abuse by the defendant, including, but not limited to/ medical expenses. The plaintiff asks for all such expenses to be paid by the defendant 20. The plaintiff asks for attorney's fees, payable to Legal Services, Inc., pursuant to the Protection from Abuse Act. F. STATUS TO PROCEED IN FORMA PAUPERIS 21. 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. S6101 et ~., as amended, the plaintiff prays this Honorable Court to grant the following reliefl A. Grant a Temporary Order pursuant to the "Proteotion from Abuse Aotl" 1. Requiring the defendant to refrain from abusing the plaintiff or plaoing 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 or minor children. 3. Granting temporary custody of the minor ohildren to the plaintiff. 4. Granting possession of the home located at 29 E. orange street, shippensburg, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter. 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish 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 defendant to refrain from abusing the plaintiff or her minor children or placing them in fear of abuse. 11 I . j I I j 2. Requiring the defendant to refrain from having any oontact with the plaintiff, including, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives or minor ohildren. ~ J. Granting possession of the residence looated at 29 E. orange street, shippensburg, Pennsylvania, to the plaintiff to the exolusion of the defendant. 4. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5. Granting support to the plaintiff in the amount of $50.00 per week, payable by mail. 6. ordering the defendant to pay all costs of filing and service of this lawsuit. 7. ordering the defendant to pay attorney fees to Legal Services, Inc. 8. Ordering the defendant to reimburse the plaintiff for all medical expenses incurred as a result of the defendant's abuse which are not covered by the plaintiff's medical insurance. 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 Mid Cumberland Valley Police Department as the Police Department 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 22. The allegations of Count I above are incorporated herein as if fully set forth. 23. 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. 55301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her. The plaintiff prays for suoh other relief as may be just and proper. Respectfully submitted, an carey ttorney for Plaint ff LEGAL SERVICES, INC. a Irvine RoW carlisle, PA 17013 (717) 243-9400 The above-named plaintiff, Linda M. poulin, verifies that the statements made in the above Petition are true and correot. The plaintiff understands that false statements herein are made subjeot to the penalties of 18 Pa. C.S. section 4904, relating to unsworn falsifioation to authorities. Datel 7-~ .9" ~. ~. ,,/..., J ~ ~At-J Lind M. poulin, Pia ntifr ~ :T:: f",.. .., C P") ('~';~) c\ ~. (~-.,: o ~ \,\ ~ ,'~' ).. . ,",~ ~ ~ POIll.IN. Plaintiff I N TIlE COllllT OF COMMON PLEAS OF VS, CIJMBEIlLANIJ COIlNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - J74~ CIVIL TEIlM JOliN R. KING. Defendant PIlOTECTION FIlOM ABIlSE AND CIlSTODY AND NOW. this ORDER FOil CONTINIlANCE 15 tt, day of July. 1994. upon consideration of the plaintiff's Motion for Continuance. the hearing scheduled for July 15. 1994. at 8:30 a.m, in Courtroom No.5. is generally continued to afford the parties time to execute a Consent Agreement. This order is entered without prejudice to either party to request a hearing. Tile Temporary Protective Order will remain in effect for a period of one year or until /l final Order is entered In this case. A copy of this Order for Co~tinuance will be provided to the Mid Cumberland Valley Police Department by the attorneys for the plalnll ff. By the Court. I . - " '~I JJ..?'~%f.fc>:?ft, , ,11 \., It,d!'" ISll ~_: "J 1'{ LINDA M, POULIN. Plaintiff IN TilE COUIlT 01' COMMON PLEAS 01' CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 374S CIVIL TERM PROTECTION 1'1l0M ABUSE AND CUSTODY vs, JOHN R. KINO, Defenuant MOTION FOR CONTINUANcE The plaintiff moves the Court for an Order continuing the hearing of this case until further Order of the Court. on the ground s t ha t : I, A Temporary Protective Order was issued by this Court on July 8. 1994. SCheduling II hearing for July 15. 1994. at 8:30 a.m. 2, The pllrtles request additional time to IIfford them time to execute II Consent Agreement, 3. The pllrtles understand thllt the Order for Continuance Is entered without prejudice to request II hearing. 4. The plaintiff requests that the Temporary Protective Order remllin In effect pending further Order of Court. 5, A copy of the Order for Continuance will be delivered to the Mid Cumherland Valley Police Department by attorney for the plaintiff. WIIEREI'ORE. the plllint I ff moves the Court to grant the ", nM-.. .io. ,. I plaintiff's Motion, and to continue this matter until further Order of Court. Respectfully submitted, ~ i{} ~' ,. " /1--), l:;t.,itl /, ,'..', n Carey. ttorney for Plalntlfr LEOAL SERVICES, INC. B Irvine Row Carlisle, PA 17013 (717) 243-9400