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HomeMy WebLinkAbout94-06113 1', t"'" " II , ,,' ", ,,' " ! ' ,i , -,,I J1\,;(-1 ;(!", " :1<1:1 ',,' I', I'i' , .i , ", 1 I' I I 'I, 'I " "',I I, u ..~ '1, i' I, , ' \ I 1,; 1 " I " !Il , I. " '" ,'11 , , " 1,1' .:i' ': , ',,-1 ,/ ',I ,,, ",",,"',",,'~."" .,", i.c,'l ' .!~I ' 1,..,1 j....' j\'I'.' __ . ' '(.,. :'3" , ' , " ' 'I " ',I i " ',' 'i,I! , ..I, " " " , 'I, ,'. " , I'" , , ,I ", I ' I " ~, " , " " ii' J 'J" " I"~ " ': I.,' 'I CV) - - ;1'1 ~ " ,,-' " ' ,I II " " '" " , "; .-',(~;'{i" ." I \fi)~~~ '.' ii\-It. "",,~il<("ll " W!\llfll ,I '-:"!'r'l;\i\.t F lI'jniL; ,"';:"~;~~:,r /")"''''\1 'f'IJ',:,;,1 t'- ',,:' ,\i'I,\\I,\ ',' (.\.y, . "i f,\ :\II1.J.!~ I"" ,;oI,lrJ,'!:.l~ i1j'i,i!':11.J1 (' i ,', ~'''dl'~ : "i,l'l}, oj /.11 '_ !:,'~L, """', I';'j~i:l l,'.iA\." I 1 'I ~ . 11',,~l!~ " ,~ . .!J;J, ','I-::/i; 'i.':~; ,1 ,_h':i' ' II j'l~~~ , 'I.'f~ ~ I ,I III I ;,~! 'f' II '~:( " 'l'!('~ ''','I, " '! ~ I,', II' ,r:,''ij " \'i;,'("i,v \';;{\~~ ''J' '- '/~ "l\1 ,;-j',\~ ( "";(,,C\ 'j: I"r:,:',dli ,,1.,""/' i:./.d ,,:,,' ..'I'). , , } 'I. , , " ii' I;' , . >_;,,\i0' :,:Jr~ :\-/~ -"'i,i' "'\ f~j -'I'J 'I'" . t' ,'f! ", ,,;,) , , , rH~ \IPl1,j;/'" 'I ',1. 1 i' .' Ii ,I I , ,_1_ , , ,Ii', " , "',I "I ", , ':'1 II I.'; Ii;"!, ,i,l'. , , '\':, ,'11 " . . J(.\THY JO WRIGHT Plaintiff for herself and on behalf of her minor ohildren: TRAVIS STINE JENNIFER STINE . . IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. JAMES DAVID STINE Defendant NO. 94-6113 CIVIL TBRH ORDER OF COURT 'l.d:l AND NOW, this 0.7 day of October, 1995, upon consideration of the attached Petition, it is hereby directed that an expedited hearing shall be scheduled so as to consider the issue of an extension of the Order of Protection from Abuse issued October 28, l. 994. The Order of Protection fro: Abuse issued October 28, 1994 shall be extended until the he~ing in thi~S atter. This hearing shall be held on the ~ day of _ , 1995 at "7;30 e." in Courtroom Nulllber . IT IS SO ORDERED. J. f'l-":'''''' " , OCT 2 8 l~ ,\H '95 " " ,; \/,y I j' ~ " "" " " . KATHY JO WRIGHT, Plaintiff for herself and on behalf of her minor children: TRAVIS STINE JENNIFER STINE IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW . . V. . . . . JAMES DAVID STINE, Defendant : NO. 94-6113 CIVIL TERM PETITION TO EXTEND ORDER FOR PROTECTION FROM ABUSE AND NOW comes Plaintiff, Kathy Jo Wright, by and through her attorney, Gregory J. Katshir, Esqui.re, with the following Petition to Extend Order for Protection from Abuse and avers as follows: 1. This matter involves a Protection from Abuse matter between the parties. 2. On October 28, 1994, this Honorable Court issued an Order for Protection from Abuse. The Order expires on October 28, 1995. 3. Pursuant to the Order, Defendant is prohibited from abusing, threatening to abuse, stalking Plaintiff or the minor children or from having any contact with Plaintiff. 4. The Order also provided that Plaintiff shall have primary physical custody of the minor children with periods of visitation with Defendant. No other Order of Court exist with respect to the custody of the minor children. 5. Throughout the past year, Defendant has repeatedly telephoned the residence of Plaintiff and the residence of Plaintiff'. mother. Plaintiff has discontinued her telephone service due to the frequent calls from Defendant. Defendant continues to telephone the residence of Plaintiff's mother. 6. Throughout the past year, Defendant has repeatedly telephoned Plaintiff at her place of business. The telephone calls to Plaintiff's place of bu.sines. were of a harassing and soaetiaes threatening nature. 7. Additionally, at the conclusion of a support conference in May, 1995, D.fendant threatened to kill Plaintiff if anything were to happen to the parties minor children. The above na.ed Plaintiff, Kathr J. Wriqht, verifies that the state..nts .ade in the above Pet tion are true and correct. Plaintiff understands that falsQ state.ents herein .ade are subject to the penalties of 18 Pa. C.S. Section 4904, relatinq to unsworn falsification to authorities. Date' I'J - ..f1.;:j 9Y " " '" " " , , , : , \i,",', " -I'" 'I I " "I I""" "'i-h, i"" :,')I~ , ",i'i',:l ... , , 1" Ii; " , ,I' " , 'I, , , I' , : , , i ! ','I " , , " ,,' " ", " " ,il , i,' ~ CO ".;:ro, ,~ I. t. ~;. r: t:,....< >. ,,~ 1~1. f~ I , " I' I , " " ,I' iI, 1',< l:A - ,.. "~I tl\, :1 ',,/ \, . ,,' '1.",,- - ~ ~ ~ 'r ,I "'I' ,'I '_,\ , , I: , " , " " /,' ,-II '" , " , . , , , ;I, " ,.1,1' ;. :.1 , , I' ,I " " I I I 1"1 "~I i.l.' "i , , " , ': ,I , " ,1'1 '", , ", i.1 ,',' <I' ", \\ I', , , 'Cf,:II'_'i' -,(:',.-~'.',. .' "- >1'(;1:-'.._ i,1 ~i',)'/' I ,", J Kn talL!r. Gregory" : "tree t T,en 900 ~'!'...r....e ~ ".. (7 t7J ,16'-81;13 .. " 1'fsqt\ite oyne i'lI 1704., . ~(O'?"~"jJ~ i , , " KATHY JO WRIGHT, Plainti ff for herself and on behalf of her minor children: TRAVIS STINE JENNIFER STINE V. JAMES DAVID STINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .' CIVIL ACTION - LAW NO. 94-6113 CIVIL TERM IN RE: PROTECTION FROM ABUSE ORD.ERQLCJlURI AND NOW, this 28th day of October, 1994, this matter having been called on a petition of Kathy Jo Wright, individually and on behalf of Travis Stine, born January 26, 1979, and Jennifer Stine, born June 5, 1980, seeking a protection from abuse order against James David Stine, and without admission by defendant, the parties having reached agreement to resolve the issues that are before the Court this date, IT I S ORDERED THAT: 1. Defendant is prohibited and restrained from abusing, threatening to abuse, or stalking plaintiff or the minor children. 2. Defendant sholl have no contact with plaintiff and is prohibited from going to or in any separate residence in which she may live, including her current residence at 130 Eost Creek Read, Newburg. 3. Defendant shall reimburse plaintiff for any medical expenses not covered by insurance or lost wages resulting from the incident that gave rise to this complaint. 4. Defendant shall not have any firearms in his possession or under his control. 5 At this time the mother shall have primary physical cus tody of TrrJVis arlcl Jennifer. W~lf!n defendant is . ... - . released from prison, he shall have such periods of temporary phYSical custody of the children to which the parties may agree, or if they are unable to agree, which shall be determined through custOdy litigation. Any periOds of temporary phYSical custOdy of the children to which the parties may agree sholl be set with arrangements where:'y the children con be picked un and delivered without defendant having any contact with the plainti ff. one year. 6. This order shall remain in effe for a period of. Philip C. Briganti, EsqUire For Plaint! ff Frederick I. Huganir, ESqUire For Defendant :prs , ., . ' ,.1', , , I,~ I.~ Nov I LJ O~ PH 'S~ fl.C[ ~Frll){ OF T:,E l'iOIHOH::r..~y CUkHER~, ~,~O QJ)/lH'. PEN":;"'I.~AI/!. . ',d- -t 1 ,I " I, . ,,' I, '" 'I, . . . ICATHY JO WRIGHT Plaintiff IN THE COURT OF COMMON PLJIAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ) ) ) ) ) ) ) ) ) NO IN DIVORCE CIVIL 1994 va. JAMBS DAVID STINE Defendant IN RE: Baergency petition for special Relief in the Fo~ of an Injunction SPECIAL RELIEF HEARING ORDER OF COURT tJ., AND NOW, this L~ day of November, 1994, upon conaideration of the attached Emergency Petition, it is hereby directed that an expedited hearing shall be scheduled so as to ~n.ider the iSBue of an injunction prOhibiting Defendant fro. , withdrawing any aonies from hi~~~ThiS hearinJ .hall be hald on the --:30-u.. dab/f . 1994 at ;30 e.N h..J.1I1 ~..- "^"",....._kLa .-L~" u..t~~~. ..:;CL. IT IS SO ORDERED. J. <<~ .\~ r' NovJ 5 2, 56 PH .,., 'I IJFFIC! OF 111', t',,'rHON?TA~" C'U"'liENlANti r.nUHH , pr;NN~l', I'AN'A " ;i ',I , i . . vs. ) IN THE COURT OF COMMON PLEAS OF ) ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) NO. 94-6113 CIVIL TERM ) ) EMERGENCY PETITION FOR SPECIAL ) RELIEF IN THE FORM OF AN ) INJUNCTION KATHY JO WRIGHT, Plaintiff JAMES DAVID STINE Defendant EMERGENCY PETITION FOR SPECIAL RELIEF IN THE FORM OF AN INJUNCTION AND NOW, comes Plaintiff, Kathy Jo Wright, by and through her attorney, Gregory J. Katshir, Esquire, with the following Emergency Petition for Special Relief in the Form of an Injunction, requesting relief from this Honorable Court as follows: 1. This matter involves a divorce and equitable distribution existing between the parties. 2. Defendant is the common law husband of Plaintiff. 3. The parties, who have lived together as husband and wife since 1979, 8eparated in August, 1994. 4. During the marriage, Defendant worked at Shippel\sburg State University as a custodian. 5. As an employee at Shippensburg state University, Defendant participated in the pension plan, offered through his ..ployer, since the commencement of his employment. Defendant participated in the pension plan during the marriage and the value of the pension accrued during the marriage. 6. The exact value of Defendant's pension is unknown however, it is believed by Plaintiff to be approximately $30,000.00. 7. A portion, or all of, Defendants pension may be marital property subject to equitable distribution. 8. The Defendant's pension is the only asset of value in the IIUlrital estate. , 9. Plaintiff believes and avers that Defendant is attempting to, and will, withdraw the .ntire value of his pension from hi. pension plan to pay attorney fee.. Plaintiff also believe. that Defendant will deplete the marital asset to avoid equitable distribution. 10. D.f.ndant has mad. stat.m.nts to the .ffect that h. will .tte.pt to withdraw his p.nsion. Plaintiff beli.ves that Defend.nt .ay attempt to withdraw funds to pay for attorney's fees for a pending cri.inal matt.r. 11. If D.f.ndant withdraws his p.nsion and sp.nds the .oney or otherwise dispos.s of it, h. will d.pl.t. the .ntir. value of the marital .stat.. 12. Plaintiff will be irr.parabl. harm.d if D.f.ndant is perwitt.d to withdraw funds fro. his p.nsion. 13. Du. to the urg.ncy of this matt.r and the limit.d ti.. within which to act, Plaintiff was unable to obt.in any specific information r.garding the D.f.ndant's p.nsion such as valu., type of plan or plan custodian's nam.. 14. It would be appropriat., bas.d upon applicable PennsYlvania law, specifically 23 Pa. C.S.A. S.ction 3505(.), to issu. .n injunction prohibiting Def.ndant from withdr.wing, or .tt..pting to withdraw, his p.nsion, in ord.r to prev.nt the depletion or disposition of a m.rital ass.t until furth.r .gr....nt of Ord.r of Court. 1~. Your Pl.intiff r.qu.sts that this Honorabl. Court sch.dul. an .xpedit.d h.aring to consid.r the issuanc. of .n injunction to prohibit Def.ndant from withdrawing his p.nsion or .ny portion th.reof and/or grant such r.li.f as may be d....d .ppropriate in light of the circumstanc.. of this matt.r. WHEREFORE, Plaintiff r.qu.sts that appropri.t. r.li.f be grant.d. R.spectfully submitt.d, 9 J. Xatshir, Esquir. for Plaintiff . . The above na.ed Plaintiff, ~athr J. Wriqht, verifie. that the .tate..nt. aade in the above Pet tion are true and oorreot. Plaintiff under.tand. that fal.e .tate.ent. herein .ade are .ubjact to the panaltie. of 18 Pa. C.S. Seotion 4904, relatinv to unaworn fal.ifioation to authoritie.. Date I II-If. 9~ /1 I :1j/ /. Xathy . " , " .' " I, ,r ) .' .,/,1 ,',I .' , " .jl' , I 1") , , , " " ;"'1 ' '" " I 'il'l " I, ",J I,: " , , , I , i,;' 1,'- 'i' , , I,t ,'I' " 'i,I :'1 , " .1 ," "~I , , .1 I " , " I , " I ., , " " " ",, , " '.i' ., I , , I' , ; I, , , : , , i I, I I , , ", , , " '\., I. i , ,I; I ," , , " , , .1 I " , ,I, .' , , , I " I " I, , " , \ I ,', " I , , " .. C, I , , , ',i: ;'\ , , ,,' I ~ ,I " I " (, ,', , I , , , I ,: i,' , I .' . . . . '. . : , <r , t NOY 15 .. cJ.t, KATHY JO WRIGHT, plaintiff tor her.elf and on behalf of her minor children: TRAVIS STINE JENNIFER STINE v.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - ~3 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY JAMES DAVID STINE, Defendant TEMPORARY PROTECTIVE ORDER AND NOW, this ~ day of October, 1994, upon pre.entation and consideration of the within petition, and upon finding that the plaintiff, KATHY JO WRIGHT, and her children, now residing at 61 East Creek Road, Newbur.g, Cumberland county, pennsylvania, are in immediate and present danger of abuse from the defendant, JAMES DAVID STINE, the following Temporary Order is entered. The defendant, JAMES DAVID STINE, currently incarcerated in the Cumberland county prison, cumberland County, pennsylvania, is heroby enjoined from physically abusing the plaintiff, KATHY JO WRIGHT, or her children, and from placing them in fear of abuse and i. ordered to stay away from the residence located at 641 East Creek Road, Newburg, Cumberland County, Pennsylvania, a re.idence which is owned by the plaintiff's parents. The defendant i. 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 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 fro. abusing the plaintiff. Temporary custody of TRAVIS and JENNIFER STINE is hereby awarded to the plaintiff, KATHY JO WRIGHT. The defendant is ordered to relinquish to the sheriff's depart.ent the following weapons which he has used or threatened to use against the plaintiff: 3 shotguns which are at the defendant's grandparents located at 808 Molly pitcher Highway, Shippensburg, pennsylvania. The defendant is ordered to refrain fro. 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 is entered in this case. A hearing shall be held on this matter on the :J~o.. day of OQ.~ , 1994, at 1..fi (.1..... in Courtroom NO.~, Cumberland county Courthouse, carlisle, pennsyJ.vania. The plaintiff may proceed in forma pauDeris pending a further order after the hearing. The Cumberland County Sheriff's office shall attempt to .ake service at the plaintiff'S request, but service may be accomplished under any applicable rule of Civil prQcedure. 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 KATHY JO WRIGHT, Plaintiff for herself and on behalf of her minor children: TRAVIS STINE JENNIFER STINE ve. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - vII 3 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY JAMES DAVID STINE, Defendant 1l0TICE 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 the claims eet forth against you. You are warned that if you fall 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 I,EGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 KATHY JO WRIGHT, plaintiff tor her.elt and on behalf ot her minor children: TRAVIS STINE JENNIFER STINE v.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - (Q 113 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY JAMES DAVID STINE, Detendant PETITION FOR PROTECTIVE ORDER AND CUSTODY ~ELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6191 A. ABUSE 1. The plaintiff is an adult individual who.e permanent addre.. i. P.O. Box 225, Newburg, Cumberland County, penn.ylvania, 17240. The plaintiff brings this action for herself and on behalf of her minor children. 2. The defendant is an adult individual currently incarcerated in the Cumberland County Prison, Carli.le, Cumberland County, Pennsylvania, 17013. 3. The defendant is the plaintiff's common law husband. 4. Since approximately August 1994, the defendant has attempted to cause and has intentionally, knowingly, or reckle..ly cau.ed bodily injury to the plaintiff, and threatened her children, and by physical menace ha. placed the plaintiff and her children in fear of imminent serious bodily injury. This has included but is not limited to the following specific instance. of abu.e: a. On or about October 15, 1994, the defendant repeatedly called the plaintiff on the telephone, asking her to come over to the home and talk, but the plaintiff refused. Later, the plaintiff's son called the plaintiff asking her to come OVer and piok him up to take him somewhere. When the plaintiff arrived, the defendant came to the door and asked the plaintiff to oome inside. Once inside, wh~n the plaintiff went to leave, the defendant forced the plaintiff away from the door with his body, grabbed her by the throat, and dragged her to the bedroom. The defendant thftn pushed the plaintiff onto the bed, straddled her, and slapped her about the head approximately three times, causing bruising, loss of hearing, and a headache. The defendant then told the plaintiff that this was her day to die, reached into the oloset, and pulled out a sawed off shotgun. While holding it, the defendant showed the plaintiff that the shotgun was loaded, cocked it, and press~d it to the side of the plaintiff'S head, threatening to blow her head off. The defendant then placed the gun under the plaintiff'S chin and repeated several times that he was going to kill her. The defendant put the gun down and while holding the plaintiff by the throat, punched her with his fist in the mouth and face several timeo, causing bleeding to the lip and nose, swelling, and bruising. When the plaintiff tasted the blood and told the defendant that ohe was going to be sick, the defendant told the plaintiff to throw up on the floor, and that it didn't matter because her brains were going to be scattered everywhere. The defendant went into the bathroom to get a cloth. In an attempt to escape, the plaintiff tried to push the defendant into the bathtub. The defendant grabbed the plaintiff's shirt and ehoved her toward the bedroom. The plaintiff and defendant etruggled and while etill holding onto her shirt, the defendant punched her repeatedly about the head and arm. The plaintiff grabbed the shotgun from the defendant's pante, turned her back, and tired it at the floor. Having heard the shot, the defendant's sister-in-law entered the trailer and the plaintiff told her to take the gun. The defendant's father entered, and a scuffle ensue~ between the defendant and his father. The plaintiff ran trom the trailer, got into the car with her two children, and drove to the police station. The plaintiff was then seen and treated at the Chambersburg Hospital nmergency Roo.. The detendant was arrested and is in the Cumberland county Prison on $50,000 bail. Also on this date, the defendant contacted the plaintiff's triend before the incident and told the friend that if the plaintitf wasn't going to be with him, she wouldn't be with the friend either. The defendant al.o told hi. unr.le that he was going to kill her, the children, and her parents if they got involved. The defendant has threatened the plaintiff .everal times with this threat. b. In or around the beginning ot August 1994, the defendant w.nt through Mechaniceburg, knocking on doors, trying to find the plaintiff and her friend. A phone call warned the plaintiff that the defendant was looking for her. The plaintiff went out the beck door and into the parking lot to her car, only to find that the defendant had parked his truck in back ot her car, preventing her trom leaving. The defendant approached the plaintift, intoraed her that she was goinq with him, grabbed her by the hair, and threw her into the front seat of his truck. The detendant told the plaintiff that he had a gun, cau.inq the plaintiff to fear for her safety. The defendant then demanded that the plaintiff tell him which apartment wae her friend's apartment. The defendant then went to the friend'. apartment and started an argument. The police arrived and made the defendant leave. The plaintiff suffered a headache from this incident. 5. The plaintiff believes and therefore aver. that she and her children will be in immediate and present danger of abuse from the defendant, and that she and her children are in need of protection from such abuse. 6. 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 CVSTOQ,l 7. The plaintiff .eeks temporary custody of the following children: H.lUIul pre.ent Residence 6SH TRAVIS STINE P.O. Box 225 Newburg, PA 15 yrs. JENNIFER STINE same addre.s 14 yrs. The children were not born out of wedlock. The children are pre.ently in the cu.tody of KATHY JO WRIGHT who r..ide. at P.O. Box 225, Newburg, Penn.ylvania. During the p..t five y..r., the childr.n have r..id.d with the following p.r.ons .nd .t the following .ddr.....: HIU Addr..... Dat.. pl.intiff . d.f.nd.nt Strohm Ro.d 1989 - 8/94 Shipp.n.burq, PA plaintiff with Newburq, PA 8/94 - 10/15/94 J.nnif.r d.f.nd.nt with Strohm Road 8/94 - 10/15/94 Travi. Shipp.n.burq, PA plaintiff with Newburq, PA 10/15/94 - pr...nt both children Th. mother ot the children i8 KATHY JO WRIGHT, curr.ntly r..iding .t 641 Ea8t Creek Road, Newburq, Penn8ylv.ni.. She 18 married. Th. f.th.r of the children i8 JAMES DAVID STINE, curr.ntly incarcerat.d in the Cumberland county pri.on. Th. plaintift currently re.ide. with the following person.: liAIIlI. JENNIFER STINE TRAVIS STINE CURVEY DUNCAN ICENNETH DUNCAN Relation.hiD dauqhter .on mother father 8. The plaintiff ha. not pr.viou.ly particip.t.d in .ny litiqation concerning cu.tody of the above-mentioned children in thi. or .ny other Court. 9. The plaintift has no knowledge of .ny cu.tody proce.ding~ concerning the.e children pending before a court in thi. or any oth.r juri.diction. 10. The pl.intiff doe. not know ot any per.on not a p.rty to this action who has physical custody ot the childr.n or claims to have custody or visitation rights with r.sp.ct to the children. 11. Th. best inter.sts and p.rman.nt w.ltare ot the children will b. met it custody is t.mporarily granted to the pleintift pending a h.aring in this matt.r tor the tollowing reasons: a. Th. plaintitt i. a tit parent who can b.st take care ot her children. b. Th. d.t.ndant has .hown by hi. abu.e ot the petition.r that he is not an appropriate role model tor the children. c. Th. detendant has d.mon.trat.d by his abuse ot the childr.n that he is an untit par.nt. C. EXCLUSIVE POSSESSION 12. Th. home trom which the plaintitt is aSking the Court to exclude the detendant is owned in the name. ot CURVEY and KENNETH DUNCAN, the plaintitt'. parents. a......- LOSSES and ATTORNEY FEES 13. Th. plaintitf has suttered lo..e. as a r.sult of the abuse by the d.tendant. The 10.... are listed on Exhibit A which is attached and incorporated herein by reterenc.. 14. The plaintift asks tor attorn.y tees be paid to Legal S.rvic.s, Inc., pursuant to the prot.ction trom Abu.. Act. E. STATUS TO PROCEED IN FORMA PAUPERIS 15. The defendant had been employed at Shippen.burg univer.ity and the plaintiff i. unaware of hi. .alary. 16. The plaintiff currently i. employed at Fry coaaunication. and receive. approximately $920.00 monthly. 17. The plaintiff doe. not have fund. available to pay the fee. for filing and .ervice. WHEREFORE, pur.uant to the provi.ion. of the "protection fro. Abu.e Act" of October 7, 1976, 23 P.S. Section 6101 At 818., a. a.eJlded, the plaintiff pray. thil Honorable Court to grant the following relief: A. Grant a Temporary Order purluant to the "Protection from Abu.e Act:" 1. Requiring the defendant to refrain from abu.ing the plaintiff and her minor children or placing them in fear of abu.e. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not li.ited to, entering the plaintiff'. place of employment, hara..ing or .talking the plaintiff, and hara..ing the plaintiff'. relative. or minor children. 3. Granting temporary cUltody of the minor children to the plaintiff. 4. ordering the defendant to .tay away from the re.ldence located at 641 Ealt Creek Road, Newburg. penn.ylvania. 5. Ordering the defendant to .tay away from any reeidence the plaintiff may in the future e.tabli.h for her.elf. 6. ordering the defendant to relinqui.h to the .heriff'. department the following weapon. which he ha. u.ed or threatened to u.e against the plaintiff and her minor children: 3 .hotgune currently located at the defendant'. ~randparent.' home at 808 Molly Pitcher Highway, Shippen.burg, Pennsylvania. B. Schedule a hearing in accordance with the provi.ions of the "protection from Abu.e Act," and, after .uch hearing, enter an order to be in effect for a period of one year: 1. Requiring the defendant to refrain from abu.ing the plaintiff or her minor children or placing them in fear of abu.e. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, entering the plaintiff'. place of employment, harassing or .talking the plaintiff, and haraaaing the plaintiff's relativea or minor children. 3. Ordering the defendant to atay away from the re.id.nce located at 641 Eaat Creek Road, Newburg, Pennsylvania. 4. Ordering the defendant to atay away from any residence the plaintiff may in the future establi.h for her.elf. 5. Ordering the defendant to relinquish to the .heriff'. department the following weapon. which he has u.ed or threatened to u.e again.t the plaintiff and her minor children: 3 .hotguns currently located at the defendant'. grandparent.' home at 808 Molly Pitcher Highway, Shippeneburg, penn.ylvania. 6. Ordering the defendant to reimbur.e the plaintiff'. out-of-pocket 10.... Buff.roed a. a result of the abu.. including but not limited to the 10.... li.ted on the attach.d sheet marked Exhibit "A". 7. Ordering the def.ndant to pay attorn.y fe.s to Legal S.rvices, Inc. pur.uant to the Protection From Abu.e Act. The plaintiff further asks that this Petition be filed and served without paym.nt of co.ts, pending a further ord.r at the h.aring, and that a copy of this Petition and Order be delivered to the penn.ylvania State, Mid-Cumberland Valley Regional, and Mechanic.burg Polic. Department. as the Police Departments with juri.diction to enforce this Order. The plaintiff pray. for .uch other r.li.f as may be ju.t and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 18. The allegation. of Count I above are incorporated herein a. if fully .et forth. 19. The be.t int.re.ts and permanent welfare of the children will be .erved by confirming custody in the plaintiff a. sst forth in Paragraph 11 of the Petition. WHEREFORE, pursuant to 23 P.S. Section 530111 aag., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her. The plaintiff prays tor such other relief as may be just and proper. Re.pectfully submitted, ~~" Ii~..~ Jo n Car V Philip C. Briganti Attorneys for Plaintiff LE~AL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-nallMld Plaintiff. Kathy J. Wright, verifies that the .tatement. made in the above Petition are true and correct. Plaintiff underetand6 that fal.. etatellMlnts herein are made subject to the penalties of 18 Pa. C.S. 14904, relating to unsworn fal.ification to authoritie.. Date: ~-~/-91j . &1.1 ",1..t.~J.!.t ICATHY JO WRIGHT, plaint.1ff for her.elf and on behelf of her minor children: TRAVIS STINE JINNIPER STINE v.. I I I I I IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM PROTEOTION FROM ABUSE AND CUSTODY JAMES DAVID STINE, Defendant . . . . LOSSES lDII MEDICAL: AMOUNT. Any .edical expen.e. not covered by in.urance figure. not avanable at thb tille. , , ". 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I, ,I I. , I I !I , ' , ,'" 'I ,I'; 'I " I ,~ ' ,I",: -r.-,~~, 1,~.l,;V:1'f1 :,: " "',:i.~':.":.;,:.i,;~j\;~,,\f,_~,li{,t,T,:'f,t,\.,~\:,f!.',i'_,:;:,~.'I.:r,:~,,;_."'; - ~,", .-,; :, "!'~, ':l".,iI,;!O;"i"'I_" '.,\',,-01: ,1__; '1:';_;'l:,:--;hr'I'i~',,; " \ t"I; li:-i, 11\ "'"".," \"':' ':", 0: 'f 'f),\:,'t,l'vl-'_ ,,' " '-' t' 'I ' ---",,tr-'fi :,;',:,lil: ji~;,i:\ I"ji ";:' ~,/~;:';,~Y,~:1',i,)(\" l "I'I_i" ' " ,',.' ,', I' ", "'ii' ,1/.,' ;';-('t.~,~!:.iil~i;;,.,ri~,t Ii' I; ,~:,,:-;I;r,4i;:illi,li I',:"" -- -"'\'t::Y"/i:-.\r.~!{t- (, " d" !', ,II' " \ ,I' , ,j, , ';'1'" , \, " " II! ':.' i" , ,,, ,~ 1,11l. '. " . 1,,1 , I \ ~ It . ,) ',I I ',' ' 'I '; 1'1' 'I: " " , "1 , I, ' .,' ""1 'I'i' , SHERIFF'S DEPARTMENT 157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261.3877 cOIIputer -,,---- . "" "". ". "SHERIFF SERVICE [IN~T~UCTlONSFO~S~;"ICE-;;;;;'ROCESS PIe... Iype or prllll PROCESS RECEIPT, and AFFIDAVIT OF RETURN legibly Do not delach .ny caple. I PlAINTIFFIS'-'-'" "" .. . "I:' coUii,'NliMBEfi- ..-..." IAtlIy JO WlIGllT ~4-~1J'cj,yj,L~n1__",,_____ 3.OEfENOAN,'iST'.' "" " ,4 IV"PE C,lF,W, fUTllRCO,MP,l,AINT JAlmS DAVID STINIJ'1;'QcecUt,m t'!C!!II,,~\IU'Cu.t04y SEAVE.--'"{-~b''~~E~;"l!~~~~'A;;~~~I';'''.AI''''''' i, '<1'.1 ".'11" '''lll'';IIl'PIIONOf "'''"'f,'''\' "'H',,," lJ '''AU''DO'-'~::~u_ . 6, AOOftESfi IStHwl or flFD, Ap.lrIlTlI'!ll Nfl Cdy HUI') rwp ~1l;11t' ilnd liP ClJ(lt~) AT .___,,_,,8~~ .H/:)~L'l PITt:H,,!1. HIGHWAY. SHIPPENSBURG. PA . . ,,".n'__ 7.INOICATEUNUSUAlSEfMCE i'1COMMONOfP^ I;DEYIJlI!1 II<lJIIIH . . ._.._..___".__ ~,~=.:::.~..~_.~~.._.~.~ 19 , ' , I, SHEfllFF OF rnANKllN COUN T V, PA , do '",,,,hy dnpul'w nil' Sheri" 01 ___~__~~,._ ___ .___._.__.. CUUflty Iu 1'l(I'C!lh! thiS Writ and make return thereof accordlllq to law. This deputation being madu 111 Ih~: rCe ItH'~l drll j risk uf IIII! r:I;llflllff ._ ..llPECW: INsmucTICIftiSOROTHERINFORMATIONTHATWlll ASSIST IN EXPEDlnNG SERVICE: ';IJJ.iillJ..<Jl!JiArih.J:ui!,"0jiJI_lt ~ 'LIAS. SOV! A COpy or TIlE nUl ORDER ON DEJ!MDANTS GIWlDPAUNTS. DAVID AtlD ISTHE. STIli! AT 808 *>LLY PITCH!l HIGHWAY. SHIPPENSBURG. PA AND CONn.CATE THREE SHOTGnS. D!n1IDUT IS IIf CUMlDLAIID COUIlT'f PilSON. HE WILL BE SI!RVED TIlERE. NOTE ONLY APPlICABI E ON WRIT OF EXECUTION: N,B_ WAIVER OF WATCHMAN-Any r11-!pllly sht!r1l1 te,'vyuh) upon ut ,llLlChltlO dllY properly Imdflr wilhln writ may leave same withoul ;1 W,llr;hl11,\ll, If I ,.11',1, 10 I'y 'If V,ll< ,Ill, ",' r I~i I, 1I1111! III 1)IJ:i'll'~iSlnf1, ;tlll!r 11(,111'11110 PI'tVJll (Jllt.!v f or ;Illilc.~rm.!nt_ WIthout IlabilllY on the pa"'J_Q~uc~,~~~!l_q!__I~e~ ,~Il.'..:!'lt' tu ,PI/ )11,\!I:ld,f I" .(, '1111'11 ,III ( 10 1'>', <h"ilrudIOI1 or .rmHoval 01 ani' ::.IICh prupl'rli'_~)(!k?r_!! _~h~rltJ ~_~i}!~Uhe!'!!_.QL__ e. SlClNA1\lIIE olllrTOAHEY or olh", ORIGINATOR , ~'I) III f PHONE NUMF.lFfl [, I DAfE.___,,_ 12, SEND "'"onCE"OF se-RVICE-C'Opy TO NAME AND ADDRESS BflOW: tThi's area musl bO compfeted I' nohce is to be mailed) LIGAL SKlVIC!S - SRIlI" R. THOMAS KLINE. Court HouRe Carlisle. PA 17013 -".. SiiCifBEI6W FOR USE OF SHERIFF ONLY ';";OONOTWfIlTE BELOW tHis&:.iNE'u- ~~acc;~~~~~~;~'i:~~~~') ." Sr.:rUR-~,(t" ~:o::LtI~'''J:3~;' T'ii;:-T; gJ~:~~fv~;:i ."'T; ;~/~;!i4:~~_:~ Ie. thereby CERTlFV and REtuAN Ihall1(hil ", p!'r~;')Il,rlll '" ,! vl'd CI hd...' , 10'<]01: ,'vldl~I1CP 01 sprW;e) .1~ ~;hOWllln '~lt!m..Irk'1' n h;lV~> U,lu-'Ctlll:',j ag shown in "Rema,ks", the wril or r.;ornplilinl dl!'~,;rl t.~d 1m th., IIl<h..I,jII,J1 (< Imj'ilrlj, u ,rpul,dlUIl, pic. al ttw ,lIhlrt'~'j ~jhowll ol[)'")Vt! or UIl the Indlvu.luiJl, ctJmpan)l. corporation, fllc_, al the address in~wrlt!d below hy 1100n, 1I11Hj d TRUE and ATTESTED COPY Ih~m'r,1 -----_._,_...-~. . -,-. 17, D!he~~J~~!!~f~__a,rKj return. ~ N~~..FO~NO 1",,:.1'1','" I .1111 (l'l,dil,' t<l 111',d" 18, Name and htle of individual Sf!fVellllf n'.11 ';h')Wrl ;It)'I'JI' I 1111' l!u!lvrclchll, COIllj.Jillly, ';or~'O/';JIII)ll, I!f~; 1l;lml~(J atl(Jv,!,.(~_I"~_~C_~~_~~_~.~!low) [1'1 ^ Il' I'hlll "I '>lllI.IIlII' .11." ,jllll 'h~';o"I"I(l 11"'11 '"'11<111'11''' Ih,' ,"'1l""!0I11!'; ,m','1I1 PIII,nl,,',',' ,lhIHlt'II... .. . 20 Add,ess"Or-whe,e .o,ved 1~;'~'Pll"e ,)I1ly ,I (I,ll,'"'''' lit,,,, "1,,,,,,, ""","1 (Ii,,,,.,, or HFD, AP"""u'"' N",'", "jll'on/dl,2'8"'/~lt9"4',"".",[2;>,'2~1'''5~,:'''~p-.r City. 80'0. Twp Stalt' and lip Code I ... :~. a3 ArIE~-'SI~~a[~~"IDe~~nt [' 0;~,J8M';~ 10;~ Int l oa,el MIle, lDeP Inl [ Dale [MII.',l Depint [ Oa'. jMI~.J~DiP.lnl. 24 AdvanceCoses ;.-, S~'rVICt'(rJ',t~ [)11 NlIllI, ("!t 1)1" Mllt"lfjl'or f'o'llollJP [2R rl,ll.lICos.h [2n CO~TOUI -VI ~ __ _ 18.00 2.00 9.20 .29.2.0. . "2.i.2ll..___.,,._ 30. REMARKS 10/28 Left card. no on. h~.. 10/28 DAVIn AND ESTHER STIrn: ADVISE nlAT THEY no NOT HAVE ANY Wl!APONS THAT InOMG TO JAKES STINE. WF~ONS SHOULD STILL Br. AT DEfENDANTS RElID!NCE OR IN THI POSSISSIGI or IIROTHE., KEN. IV KEN HAS THf:M. ADVISED TIlEM TO TURN OVI!R TO CU~U~JI."D1'" 16th so ANSWt:R. '1',01"" "I 94 I." I'"."p 3' AffIRMED and subSCribed III bp'nrt' fill' nil', 34 day 01 . NOVIMUR l!-j ROBERT .. MURlAY f ,. -.....-..,,- UIl'III' !I'..~'U..._ (,-, Doll,. ___ .1'",10,,, ,,1''''''1111 37......_..." I I"'"I...,.,,, 1 '."."1 ,,,, I !tlfl!t'~'&~~?~~~IPr Of If II' SHERifFS RETURN S'GN~iURE I Of AUntORI1(l,!~'~!.J.I~~:~ AU r~I(HlLr_~~~.!r~_LI !~.E. _ ~ SHERIFF Of fRANKLIN COUNTY ['.'1 1111o'1.~~ ~"~'_'~~__.._._._,_,__ fC50.lil193 ;(: Ai H,;:!.'l~'( ... .~ .-.'--.... -. An- T.M!I Ccurt Of C.:mmc:'l ?Ie:s Of C:.Jr.::'-:.:It'i:nd C.::u:-:~y, Pannsylvc::ni= Kathy Jo Wright, for herself ~nd on behalf of her minor children: Travis Stine and Jennifer Stine Vs. Jame. David Stine SERVE: David & Esther Stine ".1. ............__.......... ~o. 94-6113 Civil Term ':1 .-- ~OW. October 25. 1994 :9--. r. S~....~::' OJ! C-=nG:E::'..!..A."lD COt.--:-r:Y, ?A.. do I1cN!ly c!c;:u= = !h..-:5 01 Franklin ~cy to c:::".1t1 :is \V=. == i=uc=m 1:~... :::=:!.: u == :=u:n ::ci ::sk 01. ::: ?'.:-::i. . --. . r~~J<~ SllL~ at C;:::!:u'..u:d C~UlII7. ..'- . AfiicIavit or SemClS ~ow, :9 .. . ... yo- o'.:!cci ~c. 1::".-= :.:. ~P.;\t '.Ipoa as . . .. =y .!'I9''''.'''J :0 & l::P! oi :::e :J::~ 2.IId =K.t bawa :0 ... ::0 .:::::::s :..'-:::=i. So UlSWcs. SlI.c::4' at . C:-rr, h. =- :::. ~ c!.1y 01 10 .-- cern SZA""1C:Z ~m.!AGZ .s S_r.a =d IUCIc:-.:ile:f before --U:WA.~ J.4 .s ,- -.-I ,', " .~:' . \, ,,' " .' '/'1 '1"\ ..~ , ,," Ii 1 , , , "I ;1 , , , , I',' I ,.".............~....."."'t".m"_....".. :' . '.1, ''1"'''1, ,...~)I,t'I_0\ eI,,' .! :'; .'I.,)I~' ,..;.. :.; "l)i"; ::~.J,,'.h"~"'ili'...tM.J.WtJn ._I,~~~"'-"'" I.I.~- ~IC"VED '9~ OCT 21 PM 3 ~~ FIANKL,INCO; a,HEIt'" I"a " " ,. II' ................._".../> , ~' '. " ,I' " " ,'. . "ll i' " i"" .j;., .f''' "'.' , t.1 " ii" j I lll'f ,,, ., 'ot I, '1\ I '1'1' ,:11 ,......to"'r-~" ;" y.. ,I , " I { t., , ~ J " " . .. . ~ ' ' ')1 , '" " <, oj , '" ~;t ,,'" -~!, ~ . ';1' ,'~" " :1;' It., 'I',' r,." "" ,"'~ , , , , " , ,~: \.{',' '. ,," ..., I , , r," '. :'i. " , , I .' " 'iil " ',fI": f"wr.' "..".1''-,11, '1"""';':"( -,...., ; '.1 I . '.' "~ ,\),::_" I" 'I 1','.1 " ~i;\\ ':' .<' V.,. \ ' I 'f' r. I "I' .' , , " " . KATHY JO WRIGHT, PLAINTIFF V. JAMES DAVID STINE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-8113 CIVIL TERM ~ AND NOW, thll 29th day of November, 1994, the Sheriff of Cumberlll'ld County I. hereby ordered and directed to tranlport the abov.named detendll'lt from the Cumberland County Prllon to the Cumberland County Courthoule for the civil heerlng lCheduled for November 30, 1994, at 2:30 p.m., In Courtroom Number 2. It I. further ordered that the Sheriff of Cumberland County Ihall return . d.,.,c:lInt to the Cumberland County Prison following th ng. , J. Gregory J. Katlhlr, Eequlre For PIlintlff JIm.. DavId Stine, Pro .. SherIff of Cumberland County CCP :- , . 'I , " ~ ' i . " .~ Noy 29 2 56 r1119~ .~ 1)1 I,~ r !t:E r,lp.1 .. "" MY " ", , , 'I," " '.\ <:;;:0 ~ ! " " ", , , '. , " l(ATHY JO WRIGHT, plaintiff for herself and on behalf of her ainor children: TRAVIS STINE JENNIfER STINE : IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA v. 94-6113 CIVIL TERM CIVIL ACTION - LAW PROTECTION FROM ABUSE JAMES DAVID STINE, Defendant IN RE: PETITION TO EXTEND PROTECTION FROM ABUSE ORDER ORDER OF COURT AND NOW, this 6th day of November, 1995, following a hearing on the merits, the within Petition To Extend protection from Abuse order entered on October 28, 1995, IS GRANTED. The order is extended through October 27, 1996. Kathy Jo wright, mother, is granted primary physical custody of Travis stine and Jennifer stine. The father, James David stine, shall have temporary physical custody as the parents shall agree. By the cou~, I / J. Gregory J. ~atshir, Esquire n.1 for the plaintiff . ~ c~ ,..w JerryA. Weigl., Esquire 1I11~14f'- for the Defendant lt " , I. 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