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Home My WebLink About94-04207 . , II~ ,i ,1, , , , ' " " " " , , 'I , , " ,~ I II " , \ " , , II " I I , , , , , ", " , , 4, It , I, ~ ~ "I , ! , ri '. ~ " " , I , I " , , I', " I"~ ,I ,I, " 'I II .II .Ii " ,I ", " , " " , I, " " , , , " , 'i " ,I , , " ," " I I, ,,' , , " "i, " , , ,I I' " , " I' , , ROSANI!E K. GIBSON, Plaint i ff v. I N TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-,/207 CIVil TERM PROTECTION FROM ABllSI! AND Clll)TODY SCOT R. GIBSON, Dllflll\llant TIIMPOMRY PROTJ!C1'IO" ORDER N N W 'I "~'Iii, d f) 199' t tl d ADO , t I I!I ," ay 0 ',II I,:t . ., upon prllsen a on an cOllsldllration of ~he within Petition. and upon rlodinll that the plaintiff, ROSANNE K. GIBSON. now rllsldinll at I4H llillcrllBt Court, 1103, Camp Hili, Cumberland County, PllnnBylvania, Is in immlldiatll and presllnt danllllr of abusll from the dllhndant, SCOT R, GIBSON, the followlnll Tllmpol'ary Ordllr is Ilntlll'lld, The dllfendsnt, SCOT R, GIBSON, now rllsldinll at 1609 Carlisle Road. Camp Hi II, Cumbel'land County. Pllnnsylvania, is hlll'llby enJoinlld fl'llm physically abusing the plaintiff, ROSANNE K, GIBSON. or placinll hilI' in fear of abuse, The dllfendant iB ordered to stay away from the plaint I ff's residence located at 14H Hillcrest Court. '103, Camp Hili, Cumberland County, Pennsylvania, and any residencll thll plaintiff may IlBtablish for herself in thll future, except for thll limited purposll of transferrlnll custody of thll parties' child. The deflllldant shall rllmain in hil!! vllhlclll at all tlmlls durinll the tranl!!fer of custody, Thll defendant il!! hereby notified that If hll rllsldlls in the plaintiff's domicile contrary to this Order, he may bll in indirect criminal con1empt which Is punishablll by a finll not to Ilxcelld $1,000,00 and/or by a sentllnce of up to six months In jail and any other approprlatll punishmllnt. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify thll provisions of ,the court order dlrectlnl the defendant to refrain from abuslnl the plaintiff or the minor child. The defendant Is ordered to .'efraln from havlnl any direct or Indirect contact with the plaintiff, Includlnl, but not limited to. telephone and written communications, except for the limited purpose of facllltatlnl custody arranlements, The defendant Is enjoined from harassing and stalking the plaintiff and from harassing tbe plaintiff's family, or the plaintiff's minor child, The defendant Is enjoined frum entering the plaintiff's place of employment, The defendant Is enjoined from removing, damaging, destroying or selling any property owned Joln11y by the parties or owned solely by the plaintiff. Temporary custody of DEREK E, GIBSON, Is hereby awarded to the plaintiff. ROSANNE K, GIBSON, This Order shall remain in effect until a final order Is entered In this caSl!, ^ hearing shall be held on this matter on the '111/ day of J)U'J<I.I(. 1994, at iI- I ii, \ ,m" in Courtroom No, II . cumberland County Courthouse, Carlisle, Pennsylvania. *"~*''''' ~. II... -The pia i "I 'll.~proceed..I~-f!>>"_.~dIHI.II4~R8'a-furtner UI d..j-&f.ur. heaflnll;" The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure, The Pennsylvania State Police, the Lower Allen Police Department and the Wormleysburg Police Department will be provided with a certified copy of this Order by the plaintiff's attorney, This Order shall be enforced by any law up against a railing. The plaintiff was able to relubse herself, but 1he defendant blocked the plaintiff preventing her from getting into her car. Eventually the plaintiff was able to get into the car and escape, The plaintiff not i fied the pol1c\!, who charged the defendant wi th haras8ment. A8 a result of' the ddendant's abuse the plaintiff suffered pain and 80reness in her right arm, b. On or about July 24, 1994. the defendant called the plaintiff and threatened, "J 'm going to carve you up, and they're gonna find you In the pool," c. On or about February 28, 1994, the defendant trapped the plaintiff and her son in the house, During this Incident, the defendant re8trained the plaintiff and blocked her exit from the house, d, On or about February 12, 1994, the defendant became angry with the plaintiff, held up a large gardening spade menacingly, and threatened to decapitate the plaintifl, e, On or about December, 1993, the defendant became angry with the plaintiff and while holding the child in his arms, forcefully pushed the plaintiff, cau81ng her to fear for her safety and that of the child, S. On March 1,1994, the plaintiff left her residence at 1609 Carlisle Road, Camp Hili, Cumberland County, Pennsylvania, In ordel' to avoid further abuse, 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from 1he defendant and that she Is In need of protection from such abuse. 7, The plaintiff desires that the defendant he prohibited from having any direct 01' Indirect contact with 1he plaintiff, including, but not Ilmitl!d to, telephone and wrl tten communlcat Ions, eKcllpt for the Ilml ted purpose of facilitating custody arrangementll. 8, The plaintiff deslrell that the defendant be enjoined from harassing and ftalklng the plaintiff. and from harassing the plaintiff's family. or the minor child, 9. The plaintiff desires that the defendant be restrained from entering her place of employment, 10. The plaintiff deslrell that the defendant be enjoined from removing. damaging, des1roylng or selling any proper.ty owned jointly by the parties or owned solely by the plaintiff. 11. The plaintiff desires that the defendant be ordered to stay away from the residence located at 1435 Hillcrest Ct., '103. Camp Hill. Pennsylvania or any residence the plaintiff may establish for herself in the future. except for the limited purpose of facilitating custody arrangements, The plaintiff desires that the defendant be ordered to remain In his vehicle during the transfer of custody. II ,ATroMllY fllllS 13. The plaintiff asks for attorney fees. to be paid to Legal Services, Inc" and filing IInd service fees of this lawsuit pursuant to the Protection from Abuse Act. c:;, .. T.llMI'QIWn' CUS'!'.OJ))' 14. The plaintiff seeks temporary custody of the following child: ~~D PreBent.ReBlden~e DEREK E. GIBSON 1433 Hillcrest Ct, Apt, .103 Camp Hili, PA 17011 The child was not born out of wedlock, ^a.e 2 years old III, The best Inlerests Bnd permsnent welfare of the chi Id will bll met If custody is temporsrl Iy grsnted to the plslntiff pending a hearina In this matter for reasons I nd ud I ng I a. The plaln11ff Is a fit parent who can best take care of the child. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P,S, ~ 6101 el seq., as amended, the plaintiff prays this Honorable Court to gran1 the following relief: A. Grant a Temporary Order' pursuant to the "Protect ion from Abuse Act I" 1. Ordering the defendan1 to refrain from abusing the plaintiff and/or placing her In fear of abuse; 2, Ordering the defendant to refrain from having any direct or Indirect contac1 with the plaintiff or the minor child Including, but not limited to, telephone and written communications, except to facilitate custody arrangements; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff Bnd from harassing 1he plaintiff's family and the minor chi Id; 4, Prohibiting the defendant from entering the plaintiff's place of employment, S. Prohibiting the defendlint from removing, damaging, destroyinll or selling property Jointly owned by the parties or owned solely by the plaintiff; 6, Ordurlnllthl! dllfl!ndant to atay ItWIlY h'om thl! rUl'ildl!ncu locatud at 14H 1I111crllKI ct, '10,1, Cllmp 11111, Cumbl'rI IInd (.Iunty, Ponnsylvllnlll, which thll pllrtlllK hltVIl nllvllr Khlll'l!d, 01' IIny I'ealdencl! the plaintiff mlty In thll future l!atlthllah for herslllf, fI)lcept to facllltltte cUKtody, whlln the defendltnt will remain In hla vllhlcle at all tlmeK; 7. Grllntlng tl!mplll'lIry cUKtody of the minor child to the plaint iff, and B. Schedule II hellrlng In IIccol'dllnce with thl! provisions of the "Protection from Abuse Act," IInd. after such heal'lng, lInter IIn order to be In effect for a pl!rllld of one yellr: I, Ordl!I'lng the defl!ndant to I'l!fraln from abualng the plaintiff and/or placing hilI' In fear of abUKl!: 2. Ordl!l'Ing 1bll dllfllndant to 1'lIfrltln from hltvlng any direct or Indirect contllct with the plaintiff or thl! minor child Including, but not Ilmltlld to, tl!ll!phone Itnd wrllll!n (:ommunicatlona, except to facilitate custody IIrrangl!ml!nt8; J, Ordering thll dllfl!ndant to J'efraln from haraaslng and stalking the plaintiff and from harassing the plaintiff's family and the minor chi Id: 4, Prohibiting the dl!fendant from entl!ring thll plaintiff's place of employment, 5, Prohibiting thl! defendant from removing, damaging, deatroying or sell inll propl!rt~' Joln11y owned by the parties or owned aolely by the plaintiff: 6. Ordtlrlnll thtl dtlftlndllnt to stay aWIlY from the rtlllidenCIl located at 1435 Hillcrest Ct. '103. camp Hili. Cumberland County, Pennsylvania. which 1hu parties have nevllr shared. 01' any rellldencll the plaintiff' may in the future elltllbllllh for berself. except to facilitate cUlltody. when the dehndant will remain In his vehicle at all tlmulI: 7, Ol'derlnll the defendant to pay attorney hUll to lellal Services, lnc, and all costs of fllinlland servlclI of this lawsuit. The plaintiff further asks that a certified copy of this Plltltion and Order be delivered to the Pennsylvania State Pol ice, the lower Allen Pol ice Department and the Wormleysburg Police Department. who have Jul'lsdiction to enforce this Order. The plaintiff prays for lIuch other relief as may be Just and proper. CQUIIT I I r,U$TQDY UNDI!ILl'I!1!1!SY1.VA"IA.tlJlim>>y LAIl 19. Tbe al legations of Count I above are incorporated herein as If fully set forth. 20, The best Interest and permanent welfare of the child will be served by confirming custody in the plaintiff as set forth In Paragraph 18 of the Pet I t Ion. WHEREFORE. pursuant to 23 P.S, ! 5301 el 5i\Q.. and other applicable rules and law, the plaintiff prays this Honorable Court to awsrd custody of the minor child to her. " ./' " , " , , , , 'i " h " " , , , I,ll " ,,! , , ,I' " I.".~r-""~'""I""_''''''''''_-;o'"'-- , "" , " " ., '" " , , Ii' " " , " " "1 , , , , " , II!'l " " , , , " " 'II ," "I , , " " , " , " ',I " "I ""', '.1 i'I f,',',; " '.' .. ""i, :\I'l~rri\ ' " , .....'..1' " , I, II' 1 '-1.5: ~V .-pi- thIt' ~ fW' 'A -IF ~ 3 700 I' .' t ~' .:, \ , " . i',.., ". . " .' .",..." , I"'.'!'I-~''''''''''r~'''' , ..' " ; 'iI '. ' . " , ", ' , , , , " , , " .- . "."., " I " , ',1, ) " .. Ii', 'I J'f """,r I.'r-'""" "'iff, . v. IN THE COURT OF COMMON PI,EAB OF CUMBERI,AND COUNTY, PENNSYl.VAN I A NO. 94- 4207 CI VII, TERM !IROTECTION FROM AIIUSB AND CUSTODY ROSANNE K. GIBSON, Plaint I ff SCOT R. OIBSON, Defendant ffi!lU!Llli)N ORDRR u' h AND NOW, this :!. dllY of August, 1994, upon ,:onslderatlon of t e Consent Agreelent of the parties, the following Order ill ent.ered: I. The defendant, SCOT R. GillSON, 18 enjoined frol physically abuRing the plaintiff, ROSANNE K. GIBSON, lind/or placing har in fellr of abuse. 2. The defendllnt is enjoined frol having any direct or Indirect contact with the plaintiff Including, but not lIlIlted to, telephone and written cOllunlcatlons, exce()t for th,! limited purpose of facilitating custody arrangelents. 3. The defendant is ordered to refrain frol harassing and stalking the plaintiff and frol harassln~ the plaintiff's fallly and the Ilnor child. 4. The defendant Is prohibited fro. entering the plaIntiff's plllce of emploYlent, 5. The dehndllnt Is prohIbited fro. removing, duaglng, dest.roylng or selling any property owned by the pllllnt.iff or Jolnt.ly owned by t.he parties. 6. The defendant. Is ordered to 8tay aWIlY froD! the plaintiff's residence located at 1435 HillcreRt. Ct, N103, Clllp Hill, Cu.berland County, Pennsylvania, except for the I iml ted purpose of t.rllnsferrlng custody during which tiles the defendant shllll rellaln in his vehicle. 8. The defendant is ordered to stllY IIway frol any residence the plalntlff liS" !II tho future o8tabllsh for herllelf except for the lIllted purpose ROSANNE K. OIBSON, Plalntl ff v. IN THE COURT OF COMMON PLEAS OF CUMBERLANll COUNTY, PENNBYl.VANIA NO. 94-4207 CIVIL TERM PROTEL~ION FROM ABUSE AND CUSTODY SCOT R. OIBSON, Defendant llWTODY ORDER AND NOli, thlR i' day of AU~URt, 1994, upon conRlderatlon of the partin' ConRent Allree.ent, the follow Inll Order Is entered wi th rellaI'd to cURtody of the parties' child, DEREK E, GI8S0N: I. The Bother and father shall have Rhared lellal cURtody of the child. 2. The Bother oha11 have prl.ary phYSical cUlltody of the child. 3. The fathor shall hllve partial physll)al custody of the child accordlnll to the followinlllllternlltitl~ Hchellullls: ltuJs.Jll1.!1: l'he fat.her wi 11 pick up t.he child fro. daycare on Monday and have the child untIL 7: 00 p... On Tuesday and ThurRday the father will pick UI) t.he child frolll daycare aild have the child until 8:30 p.lI, On Tuesd"y "nd Thursday the father will bathe the child before rl.t.urnlnll the child to the Bot.her, 'fhe fat.her will have the child on Friday froll 6:00 p.m, to Sunday at. 6:00 p... Week TItQ: Thl! fnther wi II plek up t.he child frOB daycare on Tueeday snd have thl! child unt.II 8::10 p.m. On TUl!sday the father will bathe the ehlld before ret,urnlng the child to t.he 1I0ther. On Thursday the fat.her wi 11 piek UIl the ehlld from dllyeare und have the child until FrIday Borning, wh..n t.hl! fllther wi 11 brIng the ehlld to daycare. 4. The Bother will hllVIl the chIld for ChristmAR ~;ve until 11:00 a.lI. Chrletlllls Day. The f.lther will hllve t.hl! <:Iii III on Chrlutaas Day frOB IlcOO a.l. hI 8130 p.l. ~. The lother and father wLlI alternate New V'ear'. Eve and New Vear's Da)', with one paronl. hllvLmJ t.he ehild on New Vear'. Eve until 11100 1l.1. on New Year'. D/I)' and the other I)/lrent having the child on New Year's Da)' rl'OI 11tOO a.lI. until KlaO p.s. Tho norlal, non-holLda)' schedule wLlI rellu.e at tha t t.i la. 6. The partiell will alt.ernllte tho followLnl( holldllYs: Easler. Melorlal Da)', the Fourth of ,July, l.ahor Da)', Ilnd Thanklllflvlnll. The norlal non- holidll)' schedule will raKUllle at 8:30 p.I, on each of these da)'s. This holida)' schadule will begin with l.llhor Da)', Monelll)', Septalher 5, 1994, and the child will be In thl! cust.ody of t.ha 1I0ther for that hollda)'. 7. The father will have the rIght to sal! the child on the child's birthday at. a t.ime to he lI!lread upon by the lather and father. 8. The father will have the right to additional periods of partial custody of the child for two non-consecutive weeks each calendar )'ear. The father will give the 1I0thar four weeks notIce as to the date he wishes his additional perLod(s) to begin anel the lother will not unreasonab1)' withhold her agreelnnt of such date(s). 1'hll two non-consecutive weeks lust be separat,ed b)' a mlnllllulI of two 1I0nths, A "week" is defined &8 Beven consecutive days. The 1I0ther aha has tbe right to additional periods of cUIlt.od)' of the child for two non-consecutive weeks each calendar yellr. The terllll and condItions of the .other's additional periods of custod)' will be t.he KalliO aK outlined above for the father's additional periods of custody. 9. Ilelllnnlng Tu,,"day, Augullt 30, 1994 and ending Monday, Sopte.ber 5, 1994, the Bot.her and fat,hf'r will adhere t.o the following cust.ody schedule: a. The father will pick UII the child fro. daycare on Thurllday, Beptellber 1, 1994 and wlll have the llhlld until the .ornlng of Friday, Bepte.bor 2, 11194, whtln the father wi II drop off the chlld at daycare. b. The lother wi 11 up th" chi Id fro. daycare on Friday, Bepte.ber 2, 1994, and will have the chlld until the .ornlng of Tuesday, Bepte.ber 6, 1994, when Rhe will drop the chi Id off at daycare. 10. The .other and father, by .ut,ual Ilgree.unt, lay vary fro. thl. .ch.dule at any till", hut thlK Order will re.aln In effect until either p&rty petitions thl! Court to lIodlfy it.. 11. The .other IInd fllther allre!! that each Ilhall notify the other of all .edlcal care the ohl1d receives whlle In that Ilarent's care. Each parent shaH notify the othllr lmlledlllt.llly of lied leal e.ergenc1es which arise while the child Is In thllt parent.'s Cllfe, 12. The non-,:ustodlal parent. will have the right of first refusal concerning babysitting, IIhould tho other parent require such .ervlces. 13. The .othel' and father allree thllt they shall each take all reasonable steps to ensure tbat the chi Id rllcelvell relit appropriate for a child of his age. 14. Each parent agrees to rl-lturn to the originating parent, at the flrat available opportun I ty, all He.s of cloth I ng and other personal effects of the chlld, whlllh that parent cOlles into pOBlleBsion of as a result of the care and oustody of t.he child. I~. The mother and father IIhall notify each other of all ledlcal care tbe child receIves while In that parent's care. Each parent shall notify the other llllledll\t,,)y of .edical ellergencles whloh arIse while the child tran.ferring oustod~. 7. The dehmdant all riles to Bta~ a\la~ fro. an~ residence the plainti" .ay establish for herBlIlt in tho future, oxcellt for the H.lted purpoBe of tranBferring cUBtod~. 8. The defendant ,,"rees to reMain in hiB car at all ti.es during the transfer of custod~. 9. The defendant, although entering into this Agree.ent, doeB not ad.it the allegationB MlUle in the Petl t1on. 10. The defllndl\nt understandB that the Protective Order entered in this ."tter Bhall be in effect for a period of one ~ear. t 1. The defendant understands that thia Order shall be enforoeab1e in the slllle Manner as the Court's prior Tellporary Protection Order entered in this caBe. 12. 'fhe defendant, hereinaft.er referred to all the father, and the plaintiff, hereinafter referred to as the 1I0ther, allree to the entry of an Order providing for the following cUHtod~ Bchedule for their child, DEREK E. GIBSON. a. The Mother and fat.her Bhall have shared legal cUBtody of the child. b. The aother IIhall have pr1l11r~ physieal cUBtody of the child. c. The fat.her shall have partial physl,cal custody of t.he child accordin, to the following alternating schedules; lIeek One; The father wili pick up the child frOM daycare on Monday and have the child unt.11 7;00 p.M. On Tuesday and ThurBday the father w 111 pick up the ch lid froa daycare and have ~he child unti 1 8;30 p... On Tuesda~ Ilnd 1'hurBdny the fl\ther will bathe the child before returning the child to t.he 1I0t.her. The father will have the child on Friday froa 6:00 p... to Sunday at 6;00 p.M. Week Two: The father will piek up the child froll daycare on TueBday and havll the child unt.il 11130 P,I, On Tueaday the fat:ler will hathe the child buforl! /'et1lrnlng t.he chi III to the lother. On Thuraday the father will pick UII the child frel daycare and have the child until Frida)' lorn lng, whun t.he father will bring the chlld to da)'care. d. The lothor will have the child for Chrllltlllll Eve until 11100 a.B. Chrlatl811 Day. The father will have t.ho child on Ghrll1tla. Day frOB 11100 a... to 8130 p,l. e. The Bot.her and father will alternat.e New Year'a Eve and Nell Year'a Da)', with one parent having t.he child on New Yllar'a Eve until 11100 a./I. on New Year'a Day and t.he other Ilarent. IUIVII'Il the child on New Year'B Da)' frOB 11100 a.l. untll 8130 p... The norBaI, non-hollda)' Bchedule will reau.e at that tlBe. f. The part.les will alternate tho following holldaYBI EBBter, MeBorla1 Da)', the Fourth of ,Jul)', Labor Day, and Thankaglvlng. The no rial non- holiday Bchedule will reSUlle at 8130 p... on each of theae da)'a. ThlB holiday Bchedule will begin wlt.h [,abor Day, Monda)', Septe.ber 5, 1994, and the chIld will be In the custody of the 1I0ther for that hollda)'. g. The father will have tho right to lIee the child on the chlld'B birthday at. a tlme to be agreed upon by t.he 1I0ther and father. h. Th'l father will have t.he right t.o addltlonal periods of partial cUBtody of the child for two non-consecutlve week II each calendar year. The father will give the lother four weokll nntlcll all t.o the date he wlBheB hlB additional perlod(e) to bogln ano the Bother 11111 not, unreaaonabh wlt,hhold her agrllell'lOt. of lIuch date(s). The two non-conBecutlve week. IUBt be eep/lral.ed by a IIlnlmul of t.wo 1II01lt.hB. A "week" Ie defined 611 eeven consecutive days. The lother also hae the right tn addlt.lonal perlodB of cUlltod~ of the child for tllo non-consllcutlve weeks each oalendar ~ellr. Tho terBB /\1111 cOlldltlollB of the Bother's additional periods of custod~ wIll be the BllBa IlB outlined above for the father's additional perlodB of mll.tod~. I. Beginning TUlllld/l~, August 30, 1994 and ending Monda~, BepteBber 6, 11l94, the Bother and father will Ildhera to the following oustod~ sohedule: J. The father will pkk up the child frOB da~care on ThurBda~, BoptoBber 1, 1994 and will have the child uutll the Bornln, of Frida)', BepteBber 2, 1004, wh,m the father will drop off the child at dayc"re. [[. The Bothor will up the ehlld frOB da~care on Friday, BepteBber 2, 1994, and wIll have the ehlld until the Bornln, of Tuesday, BepteBbar 6, 1904, when she will drop tha child off at da~care. j. The Bother and father, b~ sutual agreesent, 8llY vary frOB this Bohedu1e at Sll~ tille, but the ()rdor will rlluln In effed until either party petl tlons the Court t,o lodl fy It. k. The Bothar /llld ["I. her agree that each IIhall notify the other of all Bedlcd care the ,:hlld receives whllll III that I)arent's care. Each parent shall 1I0tl fy the othllr IIIBediatllly of lied leal elarllencles which arise while the child III In t,hat parant' II earl!, I. The lion-custodial parent will have the right of first refunl concern In, babysitting, IIhould tho other pal'ent requlra such services. B. The Bother and father agree that the~ shall each take 1\11. reasonable steps to e""urll that the child rocelves relit appropriate for a ehlld of hlB age. n. Each parent allrellll to rllturn to the originating parent, at the first