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HomeMy WebLinkAbout94-04593 ~ j ~ v ~ J ~ J ~ ~ li) =r ~ j '. !i 1, , I 1 ,J ,~ ~ 1 I, " 'I!I~ , . '-.j :~I " "I ,! ,I II II " , , " , ", 'I' " I' ... MARLEEN LYNN KIMPLE, Pllintiff VI. IN THE COURT OF COMMON PLEA' OF OUMBERLAND COUNTY, PENNSYLVANIA NO. 94 ~ ~i}~l?_ OIVIL TERM PROTECTION FROM ABUSE AND CUSTODY VINOENT THOMAS WEAVER, Defendant TEMPQRARLPB9U.CJJYii_u9BOfR ,.. AND NOW, t h i sJ''-. day of Ausust, 1994, upon prl6entat ion and consideration of the within Petition, and upon findins that the plaintiff, MARLEEN LYNN KIMPLE, now residing at an undisclosed location, is in immediate and present danser of abuSI from the defendant, VINCENT THOMAS WEAVER, the following Temporary Order is entered. The defendant, VINCENT THOMAS WEAVER, now residing at H,C, 75, Box 3420, Shade Gap, Huntinsdon County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, MARLEEN LYNN KIMPLE, or placing her in fear of abuse and is ordered to stay away from any residence the plaintiff establishes for herself now or in the future. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he msy 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 RACHAEL and BRYNN WEAVER is hereby awarded to the plaintiff, MARLEEN LYNN KIMPLE. The defendant is ordsred to refrain from having any contact with the plaintiff including, but not limited to, entering the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. This Order shall remain in effect until a final order ill entered in this case. A hearing shall be held on this matter on ""J.ll~ , . the .u~_.__ day of August. 1994, at -~_}_~.'_____t'.,m. in Courtroom No.-1~__, Cumberland County Courthouse, Carlisle, Pennsylvania, The Cumberland County Sheriff's offioe shall attempt to make service at the plaintiff's request, but service may be accomplished under sny spplicabls rule of Civil Procedure, The appropriate Police Departments in the areas where the plaintiff lives and works will bs provided with a copy of this Order by sttorneys for plsintiff. This Order shall b. enforced by any law enforcement agsncy whsre s violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whsther or not the violation is committed in the presence of the police officer. In ths event that an arrest i~ made under this section, the defendant shall be taken without unnecessary delay before the court that issued the Ordsr. When that court is unavai lablilt, the 1/1. IN THE COURT OF COMMON PL~AS OF OUMBERLAND OOUNTY, PENNSYLVANIA NO. 94 _L.I.:i~J_ OIVIL TERM PROTECTION FROM ABUSE AND CUSTODY MARLEEN LYNN KIMPLE, Plaintiff VINOENT THOMAS WEAVER, Defendant ti9JlCE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take aotion 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 fa11 to do so the Court may proceed without you, and a judgment may be entered 8gainst 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 SF.T FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: ( 71 7) 240-6200 VII. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANJA NO, 94 - q~;q'~H_ 0 J V II. TERM PROTECTION FROM ABUSE AND CUSTODY MARLEEN LYNN KIMPLE, Plaintiff VJNOENT THOMAS WEAVER, De tend lint mu J..QtLF...QB_fBQI~CIl.y'{;QBDgR ANJLQV619D.Y. ~1UEJJN.12EAH_IHE. PB9T E_QJJ_QtLf..MM._Ae.v~~-MI 2~ , P, !i.. 6J;CU.QI'LU9J ,.,. _ AS\,I!i!;; I, The plaintiff is an adult individual whose permanent addresl il H,C. 75. Bo~ 3420, Shade Gap, Huntingdon County, Pennlylvania. 17256, 2, The plaintiff is temporarily staying at an undisclosed location for her own ~rotection and to avoid further abuse as is more fully set forth herein, This address will be furnished to the court upon request. 3, The defendant is an adult individual rosiding at H.C, 76, 80 3420 Shade Gap, Huntingdon County, Pennsylvania, 17266. 3, The defendant is the father of the plaintiff's children, 4, Since apprOXimately July 1986, 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: 1..1'1 a. On or about A~t 2', 1994, the defendant became angry and pushed the plaintiff out of his way, causing her to loee her balano.. The defendant then yelled at her while putting his body and hce against her, Intimidating her and causing her to fur for her safety due to put incidents of physical violence. Whi Ie the defendant showered, the plsintiff left her residence and went to an undisclosed location. b. On or about March 21, 1994, while the plaintiff and defendant were in bed, the defendant elbowed the plaintiff in her side, causing the plaintiff to yell out in pain. The defendant said, "Take this," and pulled the plaintiff's pillow out from under her head, placed it over her head, and smothered hor puehing her face into the waterbed. The plaintiff strug9led to get free, and the defendant got out of bed, grabbed a tin, and threw it at the plaintiff, who ducked to avoid being hit. The defendsnt ne~t grabbed a pillow and hit the plaintiff repeatedly in the head and back. c, In or about February 1994, the defendant came into the house, grabbed the plaintiff by the arm and threatened to slam the plaint i ff around. The defendant threw the plaint i ff into the living room, causing the plaintiff to fall onto the floor. As the plaintiff stood up, the defendant come at her and pushed her back down onto the floor. The defendant again came at the plaintiff forcing her to sit on the couch refusing to let her up, d. In or around 1994. the defendant threatened the plaintiff holding an arrow and saying, "How would it feel to run this through you,. oausing the plaintiff to fear for her lif.. e. Over the past 8 yaars of the relationship, the d.f.ndant haa abus.d the plaintiff in ways including, but not limit.d to the followingl slapping, pushing, throwing, kicking, punohing, choking, smothering, and throwing objects ~t the plaintiff, 5, On appro~imately August 1, 1994, the plaintiff left her residence at H.C. 75, Bo~ 3420, Shade Gap, Huntingdon 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 def.ndant 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 entering her place of employment, having any contact with her, harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. B.t_._T..fMf'QBAB-'i._Q.lJM~ 8. The plaintiff seeks temporary custody of the following ohi ldren: tiAn1t. RACHAEL ANN WEAVER BRYNN ELAINE WEAVER E.r.U.,g~.IlJ,Q~1L"1l undisclosed location undisclosed location As! 8 yr.. 5 yr.. The children were born out of wedlock, The children are presently in the custody of MARLEEN LYNN KIMPLE who resides at an undisclosed location. During the paet five yeare, the children have reeldeo with the following persons end at tha followino addresaest t:lJDlJi Ml5luu.U D~t_'ll. plaint I ff und I sc I osed 8/8/904 - present defendant H.C. 75, Box 30420 8/1/94 - 8/8/94 Shade Gap, PA plaintiff & defendant H.C. 75, Box 3420 1989 - 8/1/94 Shade Gap, PA The mother of the children Is MARLEEN LYNN KIMPLE, currently residing at an undisclosed location. She is single. The father of the children Is VINCENT THOMAS WEAVER, currently residing at H,C. 75, Box 3420, Shade Gap, Pennsylvania. The plaintiff currently resides with the following personst turn.!!. RACHAEL ANN WEAVER BRYNN ELAINE WEAVER fLllJAUOmlhlp daughter daughter 9. The plaintiff has not previously participated in any litigation concernln9 custody of the above mentioned children In this or any other CQurt, 10. The plaintiff has no knowledge of any custody proceedings concerning these children 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 children or claims to have custody or visitation rights with respect to the children. 12. The belt interests and permanent wel fare of the ohildren wi 11 be met if oustody irI temporarily granted to the plaintiff pending a hearing in this matter for the following reaeOnBt a. The plaintiff is a fit parent who can beet take carl of har children. b. The plaintiff has been the primary caretaker. o. The defendant has shown by his abuse of the petitioner that he is not an appropriate role model for the ohil dren. BL__6IJPf.'QRL. 5.E.lir I.9N 13. The defendant has a duty to support the minor ohildren. 14. The defendant is omployed at Andrew Miller Construction and has an hourly salary of appro~imatQly $12.50. 15. The plaintiff currontly is employed at Hoffman Mills and receives appro~imately $a.77 per hour, 16. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. C_,_ __j"Q~ID;Jl...An9 ..AUQBNfY. HiES 17. The plaintiff asks to be reimbursed for filing and service fees pursuant to the Protection From Abuse Act, la. The plaintiff asks for attorney fees to be paid to Leg a 1 Serv ices, I nc. pursuant to the Prot eet i 011 f rom Abuse Aot. WHEREFORE, pursuant to the proviSions of the "Protection from AbuBB Act" of October 7, 1976,23 P.G. Section 6101 JI_t lIH" as amended. the plaintiff prays this Honorable Court to grant the following reli.f: A. Grant a Temporary order purluant to the "Protection from Abuse Actl" I. Requiring the d.fsndent to r.frein from ebuling the pl.intiff or placing her In fear of abuse. 2. Requiring the defendant to refrain from having any oontact with the plaintiff, Including, but not limited to, entering the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives. 3. Granting temporary custody of the minor ohildren to the plaintiff. 4, Ordering the defendant to stay away from the any residence the plaintiff has now or may establish for herself In the future. B. Schedule a hearing In accordance with the provisione of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: I. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2, Requiring the dsfendant to refrain from having any contact with the plaintiff, including, but not limited to, entering the plaintiff's place of employment, harassing or stalking the plaintiff, and harassing the plaintiff's relatives, 3. Ordering the defendant to stay away from any r'lld.noe the plaintiff has now or may establish for herself In the future. 4. Grant ing support to the plaint i tt in the amount of t400.00 per month payable by mail. 5. ordering the defendant to reimburse the plaintiff for filing and service costa, and to pay attorney fees to Legal 6ervic8!i, Inc. pursuant to the Protection From Abuse Act. The plaintiff further asks that this Petition be filed and served, and that a copy of this Petition and Order be delivered to the appropriate police Departments in the areas where the plaintiff lives and works as the Police Departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. WHEREFORE, pursuant to 23 P.6. 6eetian 6301 11. ~fg" and othsr applicable rules and law, the plaintiff prays this Honorable Court to award temporary custody of the minor childr.n to her. The plaintiff prays for sueh other relief as may be just and proper. I:::; u 11 O~n Carey Attorney for PI LEGAL 6ERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 1 0 ~~'\ OG \.r) -::r to - ~ " , ",", '. .,. r;~ Q CJ :! . . Q !! I I \i) ':J. " '..:J V\ ,-- ,,"' ~l i \'.... ',; . (:j ~1 ~ (..., I",. ~ " ~ '," '_f" " ' ~- '" @!l 'I-j', .. , , Sf' '/ II ~G ~K '9~ :1'1':1 ')1 , 1:\'111'" ,IhY 1;111' " 1,1/ ' 'Ill I I -,f.; .', . w .' ... . Va. IN THE COUIlT OF COMMON PJ.EAS OF CUMBEIlLAND COUNTY, PENNSYLVANIA NO. 94-41;93 CIVIL 'rERM PROTEc'l'ION FROM ABUSE AND CUS'rODY KARLE EN LYNN ~IMPLE, plaintiff VINCENT THOK1lS WEAVER/ defendant ~OTION FOR CONTINUANC~ The plaintiff moves the Court for an Order to generally oontinue the hearing in the above-captioned oase on the grounda thatl 1. A Temporary Protective Order was issued by this Court on August 15, 1994, scheduling a hearing for August 23, 1994, at 3130 p.m. 2. An Order for continuance was entered by this court on August 23, 1994, rescheduling a hearing for September 6, 1994, at 3130 p.m. because the defendant had not been served. 3. The Cumberland county Sheriff's Department deputized the Huntingdon County Sheriff's Department to serve the defendant; however., the Sheriff's Department has not been able to effect service. 4. The plaintiff requests a general continuance and asks that the Temporary Protective Order remain in effect pending further Order of Court. 5. A copy of the O~der for continuance will be delivered to the appropriate Police Departments in the area where the plaintiff lives and works by attorneys for the plaintiff, 5rp " II 1% f'K '911 ." , I) Hill t.r.\ , 'L, f.'11 r' ','I ji '" " . - .~ , I '1..... . I ~~'''_..,! I, "to' , , 'I " , I .. ~ 0 .. j.J pit 1 ~ III ~ .8 ! ~ 6 ti .c '~ III B B 'M ~ ""' 'j ""' ., 0 '" 0 0'\ III r:I III o-i III . ~ 0 ~ l7 . r:I ,... 111 ,~ . . '" ! '2 '" 0 ti ij l: ~ r::: 0 m 'tI .r: III 'M ~ ~ '" ., 0 ,~ e g. ,~ ""' Q III E p. VI VI 'tI 'tI I .; ~ ~ ~ d ii, " , , fi " . 1# VS. t IN THE COURT OF COMMON PLEAS OF I 1 CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I NO. 94-4B93 CIVIL TERM I 1 t PROTECTION FROM ABUSE AND CUSTODY K1IR~EEN LYNN ~IKPLE, Plaintiff VINCENT THOK1lS WEAVER, Defendant MOTION FOR CONTINU~ The plaintiff, by and through her attorney, Joan Carey of Legal services, Inc. states the following: 1. On the 15th day of August, 1994, the plaintiff filed a Protection From Abuso action and the court entered a Temporary Protective Order and scheduled a hearing for the 23rd day of August, 1994. 2. Because the defendant lives out of county, the Cumberland County Sheriff's Department deputized the Huntingdon County Sheriff'S Department to serve the defendant. 3. As of this date, Huntingdon County has not been able to serve ~he defendant. 4. 'l'ne plaintiff is not opposed to a continuance of the hearing if the Temporary Protective Order remains in effect pending further Order of Court. WHEREFORE, the plaintiff requests that an Order for continuance be entered to afford the Sheriff'S Department timo to Temporary custody of RACHAEL and BRYNN WEAVER I. hereby awarded to the plsintiff, MARLEEN LYNN KIMPLE. The defendant la ordered to retrain from having any contact with the plaintiff including, but not limited to, entering the plaintiff'e place of employment, harassing or stalking the plaintiff, and haras.ing the plalntift's relatives. This Order shall remain in effect unt il a final order ie ent ered in th ')'u,,1 . ,--..;) No. -Jr, , this case. A hearing shall be held on thi. matter on day of August, 1994, at ,:~ -)() f .m. in Courtroom Cumberland County CQurthouse, Carlisle, Pennsylvania. The Cumberland County Sheriff's office shall attempt to make .ervice at the plaintiff's request, but servioe may bo accomplished under any applicable rule of Civil Procedure. The appropriate Police Departments in the areas where the plaintiff lives and works will be provided with a oopy of this Order by attorneys for plaintiff. This Order ahall be enforoed by any law enforcement agency where a violation ocours by arre.t 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, ths defendant shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the MARLEEN LYNN KIMPLE, Plaintiff VI. l IN THE COURT OF COMMON PLEAS OF l ~ OUMBERLAND COUNTY, PENNSYLVANIA I ~ NO. 94 - ______ OIVIL TERM r r PROTECTION FROM ABUSE t AND OUSTODY t VINCENT THOMAS WEAVER, Defendant NOTICE You have been sued in oourt. If you wish to defend against the olaims eet forth in the folloWing pages, you mUlt take aotion promptly after this Petition, Order and Notice are lerved, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objectione to the olaims 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 VI. I I 1 1 1 I I t IN THE OOURT OF COMMON PLEAS OF CUMBeRLAND COUNTY, PENNSYLVANlA MARLEEN LYNN KIMP~E, Plaint 1" NO. U - CIVIL TERM PROTECTION FROM ABUSE AND OUSTODY VINOENT THOMAS WEAVER, Defendant PETITION FOR PROTECTIVE ORDER MD CUSTODY ![LIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 8101 A. ABUSE 1. The plaintiff il an adult individual whose permanent addreee 1s H.C. 76, Box 3420, Shade Gap, Huntingdon County, Plnnlylvania, 17266. 2. The plaintiff is temporarily staying at an undisclolld location for her own protection and to avoid further abuse al Is more fully lit forth herein. This address will be furnished to the court upon request. 3. The defendant is an adult individual residing at H.C. 76, Bo 3420 Shade Gap, Huntingdon County, Pennsylvania, 17266. 3. The defendant 11 the father of the plaintiff's children. 4. Since approximately July 1985, the defendant has attempted to cauee and has intentionally, knOWingly, or recklessly caueed bodily injury to the plaintiff, and by phyaical menace has placed the plaintiff in fear of imminent serious bodily injury. This has included but 11 not limited to the following specifiC instances of abuse: ., On or about August 21, 1994, the defendant became angry and pushed the plaintiff out of his way, causing her to lose her balance. The defendsnt then yelled at her while putting his body and taoe against her, intimidating her and causing her to fur for her safety due to past incidents of physioal violence. While the defendant ehowered, the plaintiff left her residenoe and went to an undisclosed looation. b. On or about March 21, 1994, whi 11 the plaintiff IInd defendant were in bed, the defendant elbowed the plaintiff in her side, causing the plaint i ff to yell out in pain. The defendant said, "Take this," snd pUlled the plaintiff's pillow out from under her head, placed it over her head, and smothered her pushing her face into the waterbed. The plaintiff struggled to get free, and the defendant got out of bed, grabbed a tin, and threw it at the plaintiff, who ducked to avoid being hit. The defendant next grabbed a pillow and hit the plaintiff repeatedly in the head and back. c. In or about February 1994, the defsndant oame into the house, grabbed the plaintiff by the arm and threatened to slam the plaintiff around. The defendant threw the plaintiff Into the living room, causing the plaintiff to fall onto the floor. As the plaintiff stood up, the defendant came at her and pushed her back down onto the floor. The defendant again came at the plaintiff forcing her to sit on the couch refusing to let her up. d. In or around 1994. the defendant threatened the plaintiff holding an arrow and saying, "How would it feel to run this through you,. oausing the plaintiff to fear for her lif.. e. Over the past 8 years of the relat10nehip, the defendant has abused the plaintiff In ways inoluding, but not limited to the following: slapping, pUlhin1, throwing, kicking, punching, ohoklng, smothering, and throwing objects at the plaintiff. 5. On approximately Augult 1, 1994, the plaintiff left her residenoe at H.e. 75, Bo~ 3420, Shade Gap, Huntingdon County, Pennsylvania 1n order to avoid further abuse. e. 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 shs Is in need of proteotion from such abuse. 7. The plaintiff desires that the defendant be restrained from entering her place of employment, having any contact with her, harassing or stalking the plaintiff, and from harassing the plaintiff's relative.. B. TEMPORARY CUSTODY 8. The plaintiff seeks temporary custody of the following ohildren: HAmJ. RACHAEL ANN WEAVER BRYNN ELAINE WEAVER Present Residence undisclosed location undisclosed location Au 8 yr.. 5 yrs. The children were born out of wedlock. The children are presently in the custody of MARLEEN LYNN KIMPLE who resides at an undisclosed location. During th. paet five years, th. childr.n have r'lided with the following persons and at the following addrose.at t.tAIU Addreuu Oa till plaintiff undlscloud 8/8/U - pr...nt d'fendant H.C. 75, BOll 3420 8/1/94 - 8/8/94 Shad. Gap, PA plaintiff & defendant H.O. 75, BOll 3420 1989 - 8/1/84 shade Gap, PA The mother of the children is MARLEEN LYNN KIMPLE, curr.ntly residing $t an undiscloaed location. she is single. The father of the children is VINCENT THOMAS WEAVER, currently re~Iding at H.C. 75, Ball 3420, shade Gap, Pennsylvania. The pl$intiff currently resides with the folloWing personSI twl.l RACHAEL ANN WEAVER BRYNN ELAINE WEAVER RelationshiD deughter daughter 9. Th. plaintiff has not previously participated in any litigation ooncerning custody of the above mentioned children in this or any other Court. 10. The plaintiff has no knowledge of any custody proceedings concerning these children 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 children or olaims to have custody or visitation rights with respeot to the ohi ldren. 12. The best interests snd permanent welfare of the children will be met if custcdy is temporarily granted to the pl.intlff pending a hearing In this matter for the following r...onll a. The plaintiff is a fit parent who can but take oare of her childr.n. b. The plaint iff hIS bun thct primary oaretaker. o. The defendant hIS shown by hil abulII of the petitioner that he iI not an appropriate role model for the children. B. SUPPORT. SECT..lQH 13. The defendant has a duty to support the minor ohi ldr.n. 14. The defendant is employed at Andrew Mi ller Const ruct ion and hu an hourly ealary of spproximately fI2.150. 115. The plaintiff currently is employed at Hoffman Mills and recei ves appro X i mat el y f8. 77 per hou r. HI. The plaint iff intends to pet it ion for support within two weeks of the issuance of s protective order. C. LOSSES and ATTORNEY FEES 17. The plaint iff asks to be reimbursed for filing and service fees pursuant to the Protection From Abuse Act. 18. The plaintiff uks for attorney fees to be paid to Legal Service., Inc. pursuant to the Protection from Abuse Act. WHEREFORE, pursuant to th. provisions of the "Protection from Abu.. Act" of October 7,19715,23 P.S. Section 6101 J1 nA., as amended, the plaintiff prays this Honorable Court to grant the following reliefl A. Grant a Temporary Or~er pur.uant to the "Proteoti~n from AbUle Act:" 1. Requiring the defendant to refrain from abuling the plaintiff or placing her In fear of abuee. Z. Requiring the defendant to refrain from having any oontaot with the plaintiff, including, but not limited to, entering the plaintiff's place of employment, haraesing or Italking the plaintiff, and harassing the plaintiff'. relative.. 3. Granting temporary custody of the minor children to the plaintiff. 4. Ordering the defendant to .tay away from the any residence the plaintiff has now or may establish for herself in the future. B. Schedule a hearing in accordance with the provision. of the "Protection from Abuse Act," and, after such hearing, enter In order to be in .ffect for a period of one year: 1. Requiring the defendant to refrain from abueing 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, entering the plaintiff's place of employment, harassing or Italking the plaintiff, and harassing the plaintiff'. relatives. 3. OrdBring the defendant to stay away from any re.Idence the plaintiff hal now or may establllh for herself in the future. 4. Qrantin~ support to the plaintiff in the amount of .400.00 per month payable by mail. 5. Orderin~ the defendant to reimburse the plaintiff for filing and uervice oOlte, and to pay attorney feel to Legal Servicee, Inc. pursuant to the Protection From Abuse ",-t, The plaintiff further auks that this Petition be filed and I.rv.d, and that a copy of this Petition and Order be delivered to the appropriate Police Departments in the areas where the plaintiff lives and works aa the Police Depsrtments with jurisdiction to snforoe this Order. The plaintiff prays for such other relief as may be just and proper. WHEREFORE, pursuant to 23 P.S. Section 5301 11 ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award temporary custody of the minor children to her. The plaintiff prays for luch other relief as may be jUlt and proper. oan Carey Attorney for PI LEGAL SERVICES, 8 Irvine Row CarlisI., PA 17013 (717) 243-9400 INSTRUCTIONS TO THE DEFENDANT M you know, the pllllllt I ff hilI; filed 'I leNllt IICt lun IINlIllI~t you under the Protection From AbuBe Act 111111 hll/! ubtlllnell II Temp<1rllry Protectivu Order, Thll plaint iff 15 prepared to have a hellrllU! helll In lll'ltur to obtllln a Final ProtectlvlI Ordllr afflictive for one (II yellr. Nt llII alternative, you IIIlY CClnllllnt to tho entry of the Final l'rotectlve Ordor to btl In offect for one year. I f you IIro wi II InK to COIIBunt you ahould call Logal Sllrvicea, Inc., 243-9400 or 766-847~, ROll allk to apeak to the ataff persoll handling the C4.ISO about 11 Consent AIlroelllent, The Ccn5ent Agreement 5hould be prepllred before the time 5cheduled for the hearing 50 the Court will know ahead of time that thu CII5U wi II not bu contu5ted, In most caBes. regardless of whether a 5ettlement by Consunt Agreemunt has been reached. the partlcs must appellr In court at the time acheduled for hearing. If the case ls unconte5ted. the court appUllrance will be brief, The judge will make sure the part ies underBtand the Consent Agreement und Final Protect Ive Order. If you do not lIgree to the entry of the Final Protect Ive Order. a contested hearing will take place at thll schelluled time, When II Final Protective Order is entered. It will be Bent or given to you, the pluintlff. IInd the appropriate police departmentB, If you fall to IIbide by the termr; of the Final Protective Order you will be subject to immedlllte arrest, and a fine of up to $1.000.00 and/or a jail sentence of up to six months IInd other reliuf. You have the right to be represented in this matter, You should take the legal papers that have alrelldy been servell on you to your lllwyer Immedlatcly, I f you do not know of an at tomey or clInnot IIfford one. you may contact I Court Admlnllltrator. 4th Floor CUmber 1Md C.ounty Courthouse carlisle. PA 17013 (717) 240-6200 . VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW NO. 94-4593 CIVIL TERM MARLEEN LYNN ~IKPLE, plaintiff VINCENT THOMAS WEAVEIl, Defendant PROT~CTION FROM ABUSE AND CUSTODY ~OTION FOR CONTINUANCE The plainti ff, by and through her attorney, Joan Carey of Legal Services, Inc. states the following: 1. On the 15th day of August, 1994, the plaintiff filed a Protection From Abuse action and the oourt entered a Temporary protective Order and scheduled a hearing for the 23rd day of August, 1994. 2. Because the defendant lives out of county, the Cumberland county Sheriff's Department deputized the Huntingdon county Sheriff's Department to serve the defendant. 3. AS of this date, Huntingdon county has not been able to serve the defendant. 4. The plaintiff is not opposed to a continuance of the hearing it the Temporary protective Order remains in effect plmding further Order of court. WHEREFORE, the plaintiff requests that an Order for continuance be entered to afford the Sheriff's Department time to T.mporary custody of RACHAEL and BRYNN WEAVER Ie herebY awarded to the plaintiff, MARLEEN LYNN KIMPLE. The defendant Is ordered to refrain from having any contact with the plaintiff including, but not limited to, enhring the plaintiff's place of employment, harassing or stalking the plaintiff, and 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 mstter on ~ ",1 d ~J ;},' the......l_ ay of August, 1994, at "2 0(, I ~.m. in Oourtroom No.f- , Cumberland County Courthouse, CarliSle, Pennsylvania. The Cumberland County Sheriff's offioe shall attempt to make .ervice at the plaintiff's request, but service may be accomplished und~r any applicable rule of Civil Procedure. The appropriate Police Oepartments in the areas where the pI aint iff I ives and works will be provi dad 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 indi rect criminal contempt wi thout warrant upon probsble 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 , , MARLEEN LYNN KIMPLE, Plaintiff VI. I I I I I r r r IN THE COURT OF COMMON PLEAS OF OUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - OIVIL TERM PROTECTION FROM ABUSE AND OUSTODY VINCENT THOMAS WEAVER, Defendant NOTICE You have been lued in court. If you wish to defend agalnat the olalms set forth in the following pages, you must take aotion promptly after this Petition, Order and Notice are lerved, by appearing personally or by attornay 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 .ntered 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 OH 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 , ' VJ. I IN THE COURT OF OOMMON PLEA6 OF I I CUMBER~AND COUNTY, PENN6YLVANIA 1 I NO. 94 - ___ OIVIL TERM I : PROTECTION FROM ABU6E I AND CUSTODY MARLEEN LYNN KIMPLE, Plaint iff VINOENT THOMA6 WEAVER, Defendant PETIqON FOR PROTECTIVE ORDER AND CUSTODY ~ELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 0101 A. ABU6E 1. The plaintiff is an adult individual who.e permanent addres. Is H.C. 75, Box ~420, Shade Gap, Huntingdon County, Pennsylvania, 17255. 2. The plaintiff ill temporarilY staying at sn undisclosed location for her own protection and to avoid further abuas al II more fully aet forth herein. This address will be furnished to the court upon requsst. 3. The defendant ill an adult individual residing at H.C. 75, Bo 3420 6hade Gap, Huntingdon county, Pennsylvsnia, 17255. 3. The defendant is the father of the plaintiff's children. 4. Since approximately July 1985, the defendant has attempted to cause and hilS intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, and by physical menace has p1l1ced the plaintiff in fear of imminent serious bodil y injury. This has included but is not I imited to the follOWing specific instances of abuse: ,.'11;_"".-"; a, on or about AUGust 21, 1884, the d.fendlnt b.cam. angry and pushed the plsintiff out of his way, caulinG her to lose her balance. Th. defendant then y.lled at her while putting his body and flce against h.r, intimidating her and causing her to fear for her uflty due to put incidents of physical violence. Whi 11 the defendant ahowered, the plaintiff left her reeidonce and went to an undiscloaed location. b. On or about March 21, 1984, while the plaintiff and defendant were in bed, the defendant elbowed the plaintiff in her Side, causing the plaintiff to yell out in pain. The defendant said, "Take this," and pUlled the plaintiff'a pilloW out from under her head, placed it over her head, and smothered hor pUlhing her face Into the waterbed. The plaintiff etruggled to Get free, and tho defendant got out of bed, grabbed a tin, and threw It at the plaintiff, who ducked to svoid being hit. The defendant neKt grabbed a pilloW and hit the plaintiff repeatedly in the head and back. c. In or about February 1994, the defendant came into the house, grabbed the plaintiff by the arm and threatened to slam the plaintiff around. The defendant threw the plaintiff into the living room, causing the plaintiff to fall onto the floor. As the plaintiff stood up, the defendant came at her and pushed her back down onto the floor. The defendant again came at the plaintiff forcing her to sit on the couch refusing to let her up. d. In or around 1994, the defendant threatened the plaintiff holding an arrow and saying, "How would it feel to run , ' this through you," csueing the plaintiff to fear for her life. e. OVer the past 8 yeare of the relationship, the defendent hae abueed the plaintiff in waya Including, but not limited to the following: elapping, puahing, throwing, kicking, punohing, choking, smothering, and throwing objects at the plaintiff. 6. On approximstelY Auguet 1, 1994, the plaintiff left her reaidenoe at H.e. 7&, Box 3420, Shade Gap, Huntingdon County, Pennsylvania in order to avoid further abuse. 8. The plaintiff believea and therefore avers that she will be in immediate and preaent danger of abuse from the defendant ehould ehe return to the home, and that ehe is in need of protection from such abuse. 7. The plaintiff desires that the defendant be restrained from entering her place of employment, having any contaot with her, harasaing or stalking the plaintiff, and from harasling the plaintiff's relatives. B. TEMPORARY eU~rODY 8. The plaintiff seeks temporary custody of the following children: ~ RACHAEL ANN WEAVER BRYNN ELAINE WEAVER Present Relidencl undisclossd location undisclosed location &a 8 yre. 5 yrl. The children were born out of wedlock. The children sre presently in the custody 01 MARLEEN LYNN KIMPLE who resides at an undisclosed location. During the paat five year., the chlldr.n have r.eid.d with the following p.rsons and at the following .ddr.....t tfImJ. Addr..... Oat.. plaint iff und i so 10lld 8/8/94 - pres.nt d.hndant H.C. 715, Box 3420 8/1/94 - 8/8/94 Shad. Gap, PA plaintiff & d.f.ndant H.C. 715, Box 3420 1989 - 8/1/94 Shade Gap, PA The moth.r of the ohildren Is MARLEEN LYNN KIMPLE, ourr.ntly residing at an undisclos.d location. She i e sing 1.. Th. father of the ohildren is VINCENT THOMAS WEAVER, ourr.ntly residing at H.C. 715, Box 3420, Shade Gap, Pennsylvanls. Th. plaintiff curr.ntly resides with the following p.rsona: twa RACHAEL ANN WEAVER BRYNN ELAINE WEAVER RelationshiD daughter daught.r 9. The plaintiff has not pr,viously participat.d in any litigation concerning custody of the above m.ntioned childr.n in this or any other Court. 10. The plaintiff has no knowledge of any custody proo.edings concerning these children pending before a court in this or sny other jurisdiction. 11. The plaintiff does not know of any person not a party to this action who has physioal oustody of the children or olaim. to have custody or visitation rights with respect to the chi ldren. 12. The beet Intereetl and permanent welfare of the ohlldren will be met If ouetody Is temporarily granted to the plaintiff pending a hearing In thie matter for the following realonlt a. The plaintiff il a fit parent who can belt take oare of her children. b. The plaintiff hae been the primary oaretaker. o. The defendant hal shown by hil abule of the petitioner that he il not an appropriate role model for the ohildren. B. SUPPORT. SECTION 13. The defendant has a duty to lupport the minor children. 14. The defendant il employed .t Andrew Miller Construotion and hal an hourly ealary of approkimately "2.50. 15. The plaintiff currently il employed at Hoffman Mills and rsceives approklmately '8.77 per hour. 16. The plaintiff Intends to petition for support within two weeks of the illuance of a protective order. C. LOSSES and ATTORNEY FEES 17. The plaintiff alks to be reimbursed for filing and lervice fees pursuant to the Protection From Abuse Act. 18. The plaintiff asks for attorney fees to be paid to Legal Services, Inc. pursuant to the Protection from Abuee Act. WHEREFORE, pursuant to the prOVisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. Section 610111 lIA., as amendod, the plaintiff prays this Honorable Court to grant the following relieft A. Grant a Temporary Order purluant to the "Protection from Abuse Act:" f. Requiring the defendant to refrain from abuling the plaintiff or placing her In fsar of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, Inoluding, but not limited to, entering the plaintiff'B place of employment, hara..ing or .talking the plaintiff, and harassing the plaintiff's relative.. 3. Granting temporary custody of the minor children to the plaintiff. 4. Ordering the defendant to stay away from the any residenoe the plaintiff has now or may eetablish for herself in the future. B. Sohedule a hearing in acoordanoe with the provision. of the "Proteotion from Abuse Aot," and, after such hearing, enter an order to be in effeot for a period of one year: 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiri~g the defendant to refrain from haVing any contact with the plaintiff, inclUding, but not limited to, entering the plaintiff's place of employment, harassing or stalking the plaintiff, and h.rassing the plaintiff's relativea. 3. Ordering the defendant to stay away from any . . rllldenoe the plaintiff hal now or may eetabllah for her'llf In th. future. 4. Grsntlng eupport to the plaintiff 1n thl amount of '400.00 plr month payable by mail. e. Ordering thl defendant to rllmburse the plaintiff for filing and slrvioe co.ts, and to pay attornlY fles to Legal SerVices, Ino. pursuant to the Protention From Abuse Act. Thl plaintiff further asks that this Petition be filed and .Irvld, and that a copy of this Petition and Order be delivered to the appropriate Police Departments in the areas whlre the pl$intiff lives snd works as the Police Departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proplr. WHEREFORE, pursuant to 23 P.S. Section 5301 J1 ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award temporary custody of thl minor childrln to her. The plaintiff prays for such other relilf as may be ju.t and proper. x/ oan Carey Attorney for PI LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400