HomeMy WebLinkAbout94-03889
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Christina Pisani,
Plaint iff
CUMBERLAND COUN1Y, I'ENNSYLVANIA
v.
NO. 94 - JF8() CIVIL lEIlM
Thomas Kauffman,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
AND NOW,
TEMPORARY PROTECTIVE OADEn
this ~ day of
1994, upon
"'\u.~\
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considerstion of the wIthin
POlltlon, and upon
presentation and
finding that the plaintiff, Christina Pisani. now rOllldlng at 3
South Street, Eno1a, Cumberland County, Ponnllylvnnla. III In
immediate and present danger of abuse from tho dolol1llant. lhomall
Kauffman, the following Temporary Order Is ontorod,
The defendant, Thomas Kauffman, now rosldlnu at 144 Wyoming
Avenue, Enol a, Cumber 1 and Coun t y, Pennsy I van 1 a, 18 hor oily onj 0 I ned
from physically abusing the plaintIff, ChrIstina PIsani, or placIng
her in fear of abuse and is ordered to stay away Irom tlto residence
located at 3 Soutb Street, Eno1a, Cumborland County, I'onn6y1vania,
a residonce to which the plaint 1 f I movod 10 ,Ivold nll\Jllo and which
Is not owned or leased by the dolondanl. 1Iw dnlondant 18 hereby
notified thaI if he resides In lito plnlnllll'a dumlclln Gontrary to
this Order, he may be In Indlro(;1 crIminal linntllmpt which i8
punishable by a line not 10 oxclllld .1 ,llllll,llll IInd/ur by a sentence
of up to six months In jl111 IIIllI (lilY uthor "I'prnpr lato punishment.
Resumption 01 co-rosldom:u un tit" putl III tlto plaintiff and
defendant shall not null i fy the provisions of the Court Order
directing the defendant to refrain from abusing the plaintiff.
Temporary custody of Kasey Kauffman is hereby awarded to the
plaintiff. Christina Picani.
The defendant Is ordered to refrain from having any contact
with the plaintiff. except for the purpose of facilitating
visitation, Including, but not limited to, restraining the
defendant from entering the plaintiff's school, harassing or
stalking the plaintiff, and barasslng 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 ma lter on
the . 'J.ll)!~\. day ~_lU-\.'-~ 1994. at { ron (~ .m. in
Courtroom No. ~. Cumberland County Courthouse, Carlisle,
Pennsylvania.
The plaintiff may proceed In forma pauperis pending a further
order after the hearing.
The Cumberland County Sherlff's office shall attempt to make
service at tile plalntlff's request, but service may be accomplished
under any applicable rule of Civil Procedure.
The East Pennsboro Police Department will be provided with a
copy of this Order by attorneys for the plaintiff.
Thi s Order
shall be enforced by any law enforcement agency where a violation
occurs by arrest for Indi rect criminal contempt wi thout warrant
upon probable cause that this Order has been violated, whether or
not the violation Is committed In the presence of tbe police
officer. In the event that an arrest Is made under this section.
Christina Pisani.
Plainti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94 - 3'889
CIVIL TERM
Thomas Kauffman.
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
NonCE
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
tbe 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 wi thout further notice for any
money claimed in the Peti t ion or for any other claim or rel ief
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
Christina Pisani.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94 - .3f81 CIVIL TERM
Thomas Kauffman,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
PET1TION FOR PROTECTIVE ORDER
AND CUSTODY
RI;J.1EF UNDER THE PROTECTION FROM AI3USE ACT
23 P.S. SECTION 6101
A. ABUSE
1. The plaintiff is an adult individual whose permanent
address is 3 South Street, Enola, CJmberland County, Pennsylvania,
17026.
2. The defendant is an adul t individual residing at 144
Wyoming Avenue, Enola, Cumberland County, Pennsylvania, 17025.
3. The defendant is the father of the plaintiff's child.
4, Since approximately June 22, 1994. the defendant has
attempted to cause and has intentionally, knOWingly. or recklessly
caused bodily injury, and by physical menace has placed the
plaintiff in fear of imminent serious bodily injury. This has
included, but is not 1 imi ted to, the follOWing speci fie instance of
abuse: On or about June 22, 1994, the defendant became angry with
the plaintiff when she attempted to leave the bedroom. The
defendant grabbed the plaintiff's arms and pulled her back into the
bedroom. When the plaintiff attempted to leave the defendant threw
the plaintiff on the bed, causing her to hit her head against the
headboard. The defendant choked the plaintiff with his hands,
grabbed a pillow, and placed it over the plaintiff's face, causing
her to have difficulty breathing. During this incident the
defendant slapped the plaintiff across tbe face. Tbe plaintiff
at tempted to leave the bedroom for the thi rd time. but the
defendant held her arms and would not let her leave. As a result of
the defendant's abuse the plaintiff suffered soreness on her arms
and face and bruising on her arms.
5. On June 30, 1994 the plaintiff and her child left their
residence at 116 Humer Street, Eno1a, Cumberland County,
Pennsylvania, in order to avoid further abuse.
6. The plaintiff believes and therefore avers that she will
be in immediate and present danger of abuse from the defendant
should she return to the home and that she is in need of protection
from such abuse.
7. The plaintiff desires that the defendant be restrained
from having sny contact with her, except for the purpose of
facilitating visitation, including, but not limited to, entering
the plaintiff's school, harassing or stalking the plaintiff. and
harassing the plaintiff's relatives.
B. TEMPORARY CUSTODY
8. The plaintiff seeks temporary custody of the following
child:
NAme present ROEijdenca
Kasey Kauffman 3 South street
Enola, PA 17026
The child was born out of wedlock.
The child Is presently In the custody of Christina Pisani, who
Age
1 month old
resides at 3 South street, Enola, Pennsylvania.
During the child's lifetime the child has resided with the
following persons and at the following addresses:
NIIl!1!'l AddrO!!l!es Ill! tel!
Plaintiff and
defendant
Plaintiff. Donna
Bentley (plaintiff's
mother) and George
Bentley (plaintiff's
stepfather)
The mother of
116 Humer Street
Enola, PA 17026
3 South street
Enola, PA 17026
6/3/94 to 6/30/94
6/30/94 to present
the child is Christina Pisani, currentlY
residing at 3 South street. Enola, Pennsylvania.
She is single.
The father of the child is Thomas Kauffman, currently residing
at 144 Wyoming Avenue, Enola, Pennsylvania.
He is single.
The plaintiff currently resides with the following persons:
Nl'Im!'l
Relatlonlihlp
Kasey Kauffman
Son
Donna Ben tl oy
George Bentley
Mother
Stepfather
The defendant currentlY resides with the folloWing person:
Name
RelatlnnEihlp
Deborah Eyler
Mother
,
,
9. The plaintiff has not previously participated in any
litigation concerning custody of the above mentioned child in this
or any other Court.
10. The plaintiff has no knowledge of any custody proceedings
concerning this child pending before a court in this or any other
jurisdiction.
11. 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.
12. 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 reasons:
a. The plaintiff is a fit parent who can best take care
of her chil d.
b, The defendant has shown by his abuse of the plaintiff
that he is not an appropriate role model for the child.
C. SUPPORT
13. The defendant has a duty to support his minor child,
14. The defendant is employed at Lemoyne Sleeper and has
annual salary in excess of $10,500.
16. The plaintiff currently has no income,
16. The plaintiff intends to petition for support within two
weeks of the issuance of a protective order.
D. ATTORN~V FEES
17. The plaintiff asks for attorney's fees, payable to Legal
Services, Inc., pursuant to the Protection from Abuse Act.
E. STATUS TO PROCEED IN FORMA PAUPERIS
18. 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. 116101 et seq., as amended,
the plainti ff 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 r~frain 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 for tbe purpose of
facilitating visitation, including, but not limited to,
restraining the defendant from entering the plaintiff's
school, harassing or stalking the plaintiff, and harassing the
plaintiff's relatives.
3. Granting temporary custody of the minor child to the
plaint1ff,
4, Ordering the defendant to stay away from the
residence located at 3 Routh Street, Enola, Pennsylvania,
which tbe parties have never shared.
5, Ordering the defendant to stay away from any
residence the plaint1ff may in the future establish for
herself.
B. Schedule a hearing In accordance with the prOVisions of
,
"
the "Protection from Abuse Act," and, efter 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 having any
contact with tbe plaintiff, except for the purpose of
facilitating visitation, Including, but not limited to,
restraining the defendant from entering the plaintiff's
school, harassing or stalking the plaintiff. and harassing the
plaintiff's relatives.
3, Order i ng the defendan t to stay away f rom the
residence located at 3 South Street, Enola, Pennsylvania,
which the parties have never shared,
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.
7. Ordering the defendant to pay all costs of filing and
service of this lawsuit, and to pay attorney fees to Legal
Services, Inc.
The plaintiff further asks that this Petl tion 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 East Pennsboro 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
19. The allegations of Count I above are incorporated herein
as If fully set forth.
20, The best interests and permanent wel fare of the child
will be served by confirming custody in the plaintiff as set forth
In Paragraph 12 of the Petition.
WHEREFORE, pursuant to 23 P.S. 66301 ftt !!!!Q., and other
applicable rules and law, the plaintiff prays this Honorable Court
RespectfUlly submitted,
to award custody of the minor child to her.
The plaintiff prays for such other relief as may be just and
proper.
~-tVll~Ll-z:::", ,
~n Carey
Attorney for P intiff
LEGAL SERVICES, INC,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named Plaintiff, Christina Pisani, verifies that
the statements made in the above Petition are true and correct.
Plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa, C,S, 64904, relating to
unsworn falsification to authorities,
Date: 1/e/Ql"!-dd.
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SHEllI FF' S HE'I'UHN
(XM-l0NWEAL111 OF PENNSYINANIA,
COUNTY OF ClJ.1UEIII.AND
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-3889 Civil Term
Temporary Protective order
Protection Prom Abuse and Custody
Notice and Petition For Protective
Order
Christina Pisani
VS
Thomas Kauffman
Harry E. King
, m~~!<KK~r Deputy Sheriff of
Cunbcrland COWlty, I'cnnsylvania, who bciJlg duly sworn according to law, says,
, . Temporary Protective Order Protection Prom Abuse
that he served the wlllun --<lIliLCllalody Notice and Petition For Protective
Order
upon
Thnm}h~ KRllffmRn
. the defcndant, at
5150
o'clock
P
.M. D1' / ms'I'. on the 12th
day of July
, 19-2..4:lt
116 South Hume~ Street. Enola
, Cumbcrland County,
Pcnnsylvania, by handing 1'0
Thomas Kauffman
a true and attested copy of the
For Protective Order
and at the Silll~ time directing
Temporary Protective Order protect1on--
From Abuse and Custody Notice and Petitipn
his attention to the contents thereof and
the "Notice to Plead" endorBed thereon.
Sheriff's COStSI
Docket in9
Smv ice
Affidavi t
Surcharge
14.00
8.96
- .n. t(.
So 6nswerSl ~~/4 ,
...~~t2LJ>K~.! ~
..., #V:lAY
I
H. 'rhuMs Kl ine, Sheriff
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hy I / // .
~ , =--;:",-/ ( ,( n
Ocput{ Sheriff l'_,/
Swom ilnd Bubscdbed to before n~
thiB -'.f. ~ __ day llf ~___~_
19___'1_'f,_ A.D.
---~fu-a-lJ.'Y'~-,*1-.L
Prothonotary
va.
CUMBEHLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94 - 3889 CIVIL TERM
Thomas Kauffman,
Dsfendant
PROTECTION FROM ABU8E
AND CUSTODY
AND NOW,
P..BQIf_GliYE~~
this ~~ day of .)
,----- "
, 1994, upon
consideration of the Consent Agreemant of the parties, the
following Order is entered:
1. The defendant, Thomas Kauffman, is enjoined from
physically abusing the plaintiff, Christina Pisani, or from
placing her in fear of abuse,
2. Ths defendant, Thomas Kauffman, is ordered to stay away
from tha residence located at 3 South Street, Enola, Cumberland
County, Pennsylvania, except to facilitate custody, when the
dafendant will pick up and drop off the child. The defendant
will remain in his vehicle at all times during the transfer of
custody,
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. Reeumption of co-reeidence
on the part of the plaintiff and defendant shall not nullify the
provisions of ~he court order directing the defendant to refrain
from abusing the plaintiff,
3. The defendant, Thomas Kauffman, is ordered to stay away
from any residence the plaintiff may eetablish for herself in the
future, except to facilitate custody, when the defendant will
pick up and drop off the child. The defendant will remain in hie
vehicle at all times during the transfer of custody.
4, The defendant is ordered to refrain from having any
contact with the plaintiff, except for the limited purpose of
facilitating custody, including, but not limited to, entering the
plaintiff's school.
6. The defendant is ordered to refrain from stalking the
plaintiff and from harassing the plaintiff, her relatives, or her
minor child.
6. The defendant is ordered to pay support to the plaintiff
in the amount of $26 per week payable by mail until an Order is
entered by the Domestic Relations Office,
7. This Order shall remain in effect for a period of one
year.
8. The East Pennsboro 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 when a violation
occurs by arrest for indirect criminal contempt. The arreet 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 bs taken without
unneceesary delay before the court that issued the Order. When
.
I
that court is unavailabls, the defendant shall bs
the appropriate district justice.
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'I;! t., OrnCf
Of lhll"\'T/lO"OT4~"
CUHLfftlM'D C(.ljlm
HtiHm'J4t;!,\
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 94 - 3S89 CIVIL TERM
PROTECTION FROM ABUSE
Thomas Kauffman, AND CUSTODY
Defsndant
Christina Pisani,
Plaintiff
ve.
AND NOW, this
,-
'"2..'
CUSTODY
day of
Or~
-
, 1994, upon
considsration of the parties' Consent Agreemsnt, the following
Order is entered with regard to custody of the parties'
child, Kasey Kauffman:
1. The plaintiff, hereinafter referred to as the mother,
and the defendant, hereinafter referred to as the father, will
have shared legal custody of the child.
2. The mother will have primary physical custody of the
ch 11 d.
3. The father will have partial custody of the child, every
other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.
4. The mother and father will alternate Christmas Eve and
Christmas Day each year, one parent having the child on Christmas
Eve until Christmas Day at 10:00 a,m, and the other parent having
the children from Christmas Day at 10:00 a.m. until Christmas Day
at S:OO p,m,
6, The mother and father will alternate the following
holidays: Easter, Memorial Day, the Fourth of July, Labor Day,
and Thanksgiving.
6. The father will have the right to see the child on the
child's birthday at a time to be agreed upon by the mother and
father,
7. The father will have additional time with the child
during the father's vacations and/or summer at times mutually
agreed upon by the mother and father.
8. The mother and father, by mutual agreement, may vary
from this schedule at any time.
9. E&ch parent will notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
10. Neither parent shall do anything which may estrange the
child from the other parent, or injure the opinion of the
child as to the otber parent or which may hamper the free
and r,atural development of the child's love or respect for the
other parent.
J.
J
Christina Pisani,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94 - 3889 CIVIL TERM
PROTECTION FROM ABUSE
: AND CUSTODY
.
.
Thomas Kauffman,
Defendant
~5ENT AGREEMENT
This Agreement is entered on this
day of
1994 by the plaintiff, Christina Pisani, and the defendant,
Thomas Kauffman, 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, Thomas Kauffman, agrees to refrain from
abusing the plaintiff, Christina Pisani, or from placing her in
fear of abuse,
2. The defendant agrees to stay away from the residence
located at 3 South Street, Enola, Cumberland County,
Pennsylvania, except to facilitate custody, when the defendant
will pick up and drop off the child. The defendant agrees to
remain in his vehicle at all times during the transfer of
custody.
3, The defendant agrees to stay away from any reeidence the
plaintiff may establieh for herself in the future, except for the
purpose of f~cilitating custody, when the defendant will pick up
and drop off the child. The defendant agrees to remain in his
vehicle at all times during the transfer of custody.
4, The defendant agrees to refrain from having any contact
with the plaintiff. except for the purpose of facilitating
custody, including, but not limited to, entering the plaintiff's
schoul.
6. The defendant agrees to refrain from stalking the
plaintiff and from harassing the plaintiff, her relatives, or her
minor child.
6. The defendant agrees to pay support to the plaintiff in
the amount of $26 per week payable by mail until an Order is
entered by the Domeetic Relations Office.
7. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
8. The defendant understands that the Protective Order
entered in this matter shall be in effect for a period of one
year.
9. 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.
10, The defendant and the plaintiff agree to the entry of
a Custody Order regarding their child, Kasey Kauffman, providing
the following:
a. The plaintiff, hereinafter referred to as the mother,
and the defendant, hereinafter referred to as the father,
will have shared legal custody of the child.
b, The mother will have primary pbysical custody of the
child,
c. The father will have partial custody of the child, every
other weekend from Friday at 6:00 p.m, until Sunday at 6:00
p.m.
d. The mother and father will alternate Christmas Eve and
Christmas Day each year, one parent having the child on
Christmas Eve until Christmas Day at 10:00 a.m. and the
other parent having the children from Christmas Day at 10:00
a.m, until Christmas Day at 8:00 p,m.
e. The mother and father will alternate the following
holidays: Easter, Memorial Day, the Fourth of July, Labor
Day, and Thanksgiving,
f. The father will have the right to see the child on the
child's birthday at a time to be agreed upon by the mother
and father,
g, The father will have additional time with the child
during the father's vacations and/or summer at times
mutually agreed upon by the mother and father.
h. The mother and father, by mutual agreement, may vary
from this schedule at any time.
i. Each parent will notify the other immediately of medical
emergencies which arise whils the child is in that parent's
care.
j, Neither parent shall do anything which may eetrange 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. ths parties request that Protective and custody
Ordsrs of Court be entered to reflect the above terms.
Thomas
J
J Carey
ttorney for Plai iff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400