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HomeMy WebLinkAbout94-06034 TERI L. BOYD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94 - (,(1 "J'/ CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY THOMAS R. BOYD, Defendant TEMPORARY PROTECTIVE ORDER )" 01 AND NOW, this _2L day of October, 1994, upon presentation and consideration of the within Petition, and upon tinding that the plaintiff, TERI L. BOYD, now residing at 108C 2nd Street, West Fairview, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, THOMAS R. BOYD, the following Temporary Older is entered. The defendant, THOMAS R. BOYD, now residing at 38 North Enola Drive, Enola, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, TERI L. BOYD, or placing her in tear of abuse and is excluded from the residence located at 38 North Enola Drive, Enola, Cumberland County, Pennsylvania, a residence which is jointly owned by the partie.. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to .ix months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullity the provision. of the Court Order directing the defendant to retrain from abusing the plaintiff. Temporary custody of JENNIFER and MICHAEL BOYD is hereby awarded to the plaintiff, TERI L. BOYD. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, 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 ehall be held on this matter on the JSf).. day of october, 1994, at 'j" n k;m. in Courtroom No. ~ , cumberland County Courthouse, carlisle, Pennsylvania. The plaintiff may proceed in forma pauDeris pending a further order after the hearing. The Cumberland county Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The prothonotary shall not send a copy of this order to defendant by _il. The East pennsboro TownShip police Depart.ent will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforce.ent agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is coaaitted in the presence 0' the police officer. In the event that an arrest is va. I IN THE COURT OF COMMON PLEAS OF I I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94 . (,.0 ~v CIVIL TERM I I PROTECTION FROM ABUSE AND CUSTODY TIRI L. BOYD, plaintiff THOMAS R. BOYD, Defendant NOTICE You have been .ued in court. If you wi.h to defend a9ainat the claim. .et forth in the following page., you mu.t take action promptly after thi. petition, Order and Notice are .erved, by appearing per.onally or by attorney at the hearing .cheduled by the Court and pre.enting to the Court your defen.e. or objection. to the claim. .et forth again.t you. You are warned that if you fail to do .0 the Court may proceed without you, and a judgment .ay be entered again.t you by the Court wittlout further notice for any money claimed in the Petition or for any other claim or relief reque.ted by the plaintiff. You may lo.e money or property or other right. 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 OrrICE 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 va. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94. ~ <' 'N CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY TERI L. BOYD, plaintiff I . . THOMAS R. BOYD, Defendant pETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION PROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. Th. plaintiff ia an adult individual who.. p.r.anent addr... i. 38 North Enola Driv., Enola, Cumberland county, p.nn.ylvania, 17025. 2. Th. daf.ndant i. an adult individual r..iding at 38 North Enola Driv., Enola, Cumberland county, Penn.ylvania, 17025. 3. The d.f.ndant i. the plaintiff'S hu.band. 4. Since approximat.ly 1982, the d.f.ndant ha. att.mpted to cau.a and has int.ntionally, knowingly, or reckle..ly cau.ed bodily injury to the plaintiff, and by phy.ical m.nace ha. placed the plaintiff in fear of immin.nt .eriou. bodily injury. Thia has includ.d but i. not limited to the following .pecific in.tance. of abu..1 a. On or about octob.r 8, 1994, wh.n the plaintiff w.nt to the .arital r..id.nc. to pick up h.r .on, the d.f.ndant came acro.. the .tr.at to the plaintiff'. car and att.mpted to hit .nother p....ng.r in the c.r c.u.ing the plaintiff'. .on to hit his head. When the plaintiff got out of the car and went around to get her son out of the middle of the incident, the defendant grabbed the plaintiff by the hair .everal time. pushing her and pulling her twoard the ground by her hair. When the plaintiff got away trom the detendant, ahe got into the car, and drove awey. The plaintift .uffered a headache trom this incident. b. On or about September 17, 1994, when the defendant bece.e enraged and the plaintitt attempted to walk away, the detendant grabbed her by the hair, alammed her into the counter, grabbed her under the chin, and forced her to atay in that position while he put his face in hers and screamed at her. The detendant then tlipped a picnic table over in the kitchen, causing the plaintitf to tear tor her satety and leave the residence. The plaintiff has been ataying with trienda since thi. incident. c. On or about April 16, 1994, while the plaintift waR driving the vehicle, the defendant screamed at the plaintitt and backhanded her in the face. When the plaintiff asked why the defendant hit her, he became enraged and backhanded her in the tace approximately seven more times. The plaintiff atopped the car in the .iddle ot the road, hoping that a police car would ..e the car and intervene. The defendant then hit the plaintitf harder in the face telling her to get going. The plaintiff suffered bleeding and a contu.ion about her lip and bleeding fro. her no.e, .uch that blood covered the windshield and dashboard of the car. The plaintiff, fearing for her safety, stayed away for two days until the defendant convinced her that he would never hit her again. The plaintiff al.o suftered bruising to her chin and face. d. On approximately a monthly ba.is, the defendant has abused the plaintiff in ways including, but not limited to the following: shoving, pulling hair, throwing her to the ground, kicking, backhanding in the face, slapping, and choking the plaintiff. 5. On or about september 17, 1994, the plaintiff lett her residence at 38 North Enola Drive, Enola, Cumberland County, Pennsylvania in order to avoid further abuse. 6. The plaintiff believe. and therefore avers that she will be in i..ediate and pre.ent danger of abuse from the defendant should she return to the home without detendant's exclusion, and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be restrained froa having any contact with her, harassing or stalking the plaintiff, and harassing the plaintiff'S relative.. B. TEMPORARY CUSTODY 8. The plaintiff s.eks te.porary custody of the following childr.n: uua Pr...n~ R..id.na. Au JENNIFER BOYD 38 N. Enola Dr. 14 yn. Enola, PA MICHAEL BOYD same address 11 yrs. JENNIFER BOYD was born out of wedlock and MICHAEL BOYD was not. The children are presently in the custody of THOMAS R. BOYD, who resides at 38 North Enola Drive, Enola, Pennsylvania. During the past five years, the children have resided with ths following persons and at the following addresses: Huul Addresses Dat.. plaintiff , San Antonio, Tx 1989 - 10/31/89 defendant plaintiff , Camp Hill, PA 10/31/89 - 5/31/93 defendant plaintiff , 38 N. Enola Dr. 5/31/93 - 9/17/94 defendant defendant same residence 9/17/94 - pre.ent The 1I0ther of the children i. TERI L. BOYD, currently residing at 108C 2nd Street, We8~ Fairview, Pennsylvania. She is married. The father of the children is THOMAS R. BOYD, currently residing at 38 N. Enola Drive, Enola, Pennsylvania. The plaintiff currently reside. with the following persons: Hu.I Relat.ionship friend friend RUTH STECK WALTER STECK 9. The plaintitt has not pr.viously partioipated in any litigation oono.rning oustody ot the above mentioned ohildren in this or any other Court. 10. Th. plaintitt has no knowl.dge ot any oustody proo..ding. oonoerning the.e children pending before a court in this or any other juri.diction. 11. Th. plaintitt does not know ot any p.r. on not a party to this action who has phy.ical cu.tody ot the children or olaims to have custody or visitation rights with re.p.ct to the children. 12. The be.t intere.t. and permanent weltar. ot the ohildr.n will be met if custody is t.mporarily granted to the plaintitt pending a hearing in this matt.r for the tOllowing rea.ons: a. Th. plaintitt is a tit paront who can best take car. ot her children. b. The d.tendant has .hown by hi. abuse ot the p.tition.r that he is not an appropriate role model tor the childr.n. C. EXCLUSIVE POSSESSIQH 13. Th. home trom which the plaintift is asking the Court to exclude the det.ndant is owned in the name. ot TERI and THOMAS BOYD. 14. Th. plaintiff de.ir.. po.....ion ot the home .0 a. to give the gr.ate.t degr.. ot continuity to liv.. of the children and to allow th.m to continue th.ir .ducation at their .chools and to continue their .chool and .ocial activitie.. D. SUPPORT. SECTION 15. The defendant has a duty to .upport the plaintiff and their minor children. 16. The defendant is employed at Square D and has a biweekly .alary of approimately $700.00. 17. The plaintiff currently has no income. 18. The plaintiff intends to petition for .upport within two week. of the i.suance of a protective order. E. ATTORNEY FEES 19. The plaintiff asks for attorney fees to be paid to Legal service., Inc. pursuant to the Protection from Abu.e Act. F. STATUS TO PROCEED IN FORMA PAUP~RIS 20. The plaintiff doe. nQt have fund. available to pay the fee. for filing and servic.. WHEREFORE, pursuant to the provisions ot the "Protection fro. Abu.e Act" of October 7, 1976, 23 P.S. Section 6101 At. am., a. amended, the plaintiff pray. this Honorabl. Court to grant tho fOllowing relief: A. Grant a Temporary Order pursullnt to the "Protection from Abu.e Actl" 1. Requiring the defendant to retrain from abusing the plaintiff or placing her in fear of abu.e. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not liaited to, hare..ing or .talking the plaintiff, and hara.eing the plaintiff'. r.latives. 3. Granting temporary cu.tody of the minor children to the plaintiff. 4. Granting possession of the home located at 38 North Enola Drive, Enola, to the plaintiff to the exclusion of the defendant p.nding a final ord.r in thi. matter. 5. ordering the def.ndant to .tay away from any re.idence the plaintiff may in the future eatabli.h for hers.lf . B. schedule a hearing in accordance with the provisions of the "prot.ction from Abuse Act," and, after such hearing, enter an order to be in eff.ct for a period of one year: 1. Requiring the def.ndant to refrain from abusing the plaintiff or placing h.r in fear of abuse. 2. Requiring the def.ndant to refrain from having any contact with the plaintiff, including, but not limited to, hara..ing or stalking the plaintiff, and harassing the plaintiff'. relativ... 3. Granting po.....ion of the home loeat.d at 38 N. Enola Driv., Enol., to the plaintiff to the .xelueion of the def.ndant. 4. Ord.ring the def.ndant to .tay away from any re.id.nee the plaintiff may in the future ..tabli.h for her..U. 5. Granting .upport to the plaintiff in the amount of t600 per month payable by mail. 6. ordering the defendant to pay attorney fee. to Legal Service., Inc. pur.uant to the Protection From Abu.e Act. The plaintiff further aeke that thie Petition be filed and eerved without payment of coete, pending a further order at the hearing, and that ~ copy of thie Petition and Order be delivered to the Eaet Penneboro Township police Department ae the police Depart.ent with juriediction to enforce this order. The plaintiff prays for euch other relief ae may be juet and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 21. The allegations of Count I above are incorporated herein ae if fully .at forth. 22. The beet intereste and permanent welfare of the children will be eerved by granting cuetody in the plaintiff a. eet forth in paragraph 12 of the Petition. WHEREFORE, pureuant to 23 P.S. Section 5301 At aag., and other applicable rulee and law, the plaintiff prays thie Honorable Court to award cuetody of the minor children to her. No. 114-'034 Tlrl L. Bovd. Plllntlff ThOlllls R. Bovd. Defendlnt CIVIL TERN YS. PRAECIPE FOld _ October 28. Phl11D C. Brlalnt 1 LEGAL SERVICES. INC. (")~ ',H .f, To" _ f"T' r . .~ ::&-"',," ;P','; ." V'll" :' ;" ..' -.. .' ~ ;':;, ~~t _~ I;.:' ,/1'" .,. .... -f '" .... 1884 . Atty. !f r>o) cr. N '" N - -, ti: ~