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HomeMy WebLinkAbout94-06011 I , ! , , ..11' " . 1 " " , " , ' , " " " "j , . , "~ , , \ , , , " " I' , , " , " "r " 1 I", '. 'I'; 1 , , '. , . , , " " : " " , , ' II , , " , . , , ,( 'I' '" ., , . , " " I,. " ',' I:' 'I; '. I, " ." i'" I' , , " . , Ceu.w1 ~ ~ ~ t4. #: Nd. q'-l- (,,011 ~-r~ SHIRLEY L. YINGLING, Petitioner IN THE COURT OF COMMON PLEAS OAl;TllIN COUllTY, PENNSYLVANIA v. : I No. 4149 S .1994 : CIVIL ACTION - LAW MICHAEL 8. YINGLING, SR., Respondent . . : PROTECTION FROM ABUSE >>OTICI TO PITITIO... OR WI'1'..881 IXNBDIA'1'ILY CALL TBI POLICI ('11) 1P '1'BI n8POlmlllT VIOLATIS THIS PRO'1'ICTION ORDB.. PROTBCTION ORDER UD IIOW, this \C\ day of 6~ ' 1994, after a hearing in this matter and upon finding that Petitioner has been abused within the meaninq of the Protection From Abuse Act and is in danger of further abuse from Respondent, the following Order i. entered: 1. Respondent is prohibited from approaching, abusing, harassing, or threateninq Petitioner, or placing her in fear of abu.e, either physically or verbally, wherever she may be. 2. Respondent is prohibited from entering, attempting to enter, or remaining in the premises at 7420 Sterling Road, Harrisburg, Pennsylvania, possession and control of said premises being hereby declared to be exclusively in Petitioner. Should Re.PQndent enter, attempt to enter, or remain in the premises in violation of this Order, the Sheriff or local law enforcement agency .hall forthwith eject hi. fro. the premises and place him . under arrest for indirect criminal contempt. Should petitioner choose to establish another residence in the commonwealth, Respondent shall also be excluded from that residence. 3. Respondent is prohibited trom having any contact with Petitioner, including entering or telephoning Petitioner's home, school or place of employment. Any contacts believed by Respondent to be necessary shall be made either through legal counselor by non-threatening mail addressed to Petitioner's home address. 4. Respondent is prohibited from stalking Petitioner as that term is defined in the Crimes Code, 18 Pat C.S. 52709. 5. Respondent is directed to retrain trom all harassinq communication with Petitioner's relatives. 6. Respondent may within ten (10) days ot the entry ,of this Order, peacefully re~rieve any personal possessions from the residence (if any are there) with the aid of a local law enforcement officer, said officer's services to be paid for, it payment i. required, by Respondent. 7. Petitioner is awarded primary physical and legal custody ot the parties' minor childrenl Michael B. Yingling, born Auqust 25, 19771 and M. crystal Lee Yingling, born July 25, 1980. 8. Respondent i. directed to pay Petitioner $369.00 per week tor the support and care ot herselt and the minor children until a final Order of Support is entered by Do.eatic Relation.. Said amount is to be allocated as $160.00 per week apousal aupport and the remaining $209.00 per week as child support. This Order is without prejudice to Petitioner's riqht to seek a greater amount of support in regular support proceedings. Pending such regular support proceedings, all payment. ahall be made to Petitioner through the Domestic Relations Section of this court, located in the Veterans' Memorial Building, 112 Market street, Harrisburg, Pennsylvania. The Domestic Relations Section shall maintain a record of all payments received by it and sent to Petitioner or tho Department of Public Welfare, with appropriate adjustments to be made to the account when a final support order is ultimately entered. Furthermore, this temporary support order shall be enforced by the Domestic Relations Section using the same means as are employed in other support cases (e.g. waqe attachment, contempt, etc.) 9. Respondent is directed to enroll in a private or publicly funded professional psycholoqical counselling program concerning domestic violence and Respondent's history of abusive conduct toward Petitioner within two (2) weeks of the entry date of this Orderl Respondent shall remain in counselling until Respondent'. therapist has determined that no further benefit is likely to result from the continuation of such counselling. If it is determined that R~spondent also has a drug or alcohol proble., Respondent is further directed to enroll and participate in a professional treatment program for alcohol/substance abuse. Proof of Respondent's compliance with these provisions shall be filed with the Court within thirty (30) days of the entry date of . this Order. Re.pondent i. hereby notified that, pursuant to 23 Pa. C.S. 16113(g), ehould he begin living with Petitioner contrary to the provi.ion. of this Order, he may be in indirect criminal contempt punishable as set forth below. The consent of Petitioner for Respondent to visit or live with her shall not invalidate this Order or otherwise make it unenforceable. Respondent shall seek modification or termination of this Order before commencing or resuming any cohabitation with Petitioner. This Order shall be enforced by any law enforcement aqency in any county where a violation has occurred. An arrest for violation of this Order may be without warrant upon probable cause whether or not the violation is committed in the presence of a police officer. 23 Pat C.S. 16113(a). Prosecution for indirect criminal contempt shall not preclude prosecution for underlyinq criminal charges. Should the Court find that Respondent has violated one or more provisions of this order, he will be adjudged guilty of indirect criminal contempt and may be sentenced to pay a fine of up to one thousand dollars ($1000.00) or serve a jail sentence of up to six (6) months, or both, and may include other relief. ~1 ..... " l.rl r- 6; - :",...... \'-.J ~ . ',;, \ . :lC ,. n- ~, \I'> . ~ ~ :r Q ,N K en ~ - :0 ~ ';:;''':;' " " .. a;;: . - a .- II ~ ~~~. . '~i ...t.l>,: - "u.a u;'.:. :~ ~ at; ~ '?:,. ~ ;;: . .i ,,-, .\ .