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HomeMy WebLinkAbout94-06843 - \Y \I.) .- { J . ., tJ ~ f: '- fY- J I r<)/ ~ : 001 .." i . zj " I I ground and Bpat in her face repclltedly. The defendant held a flnsh light ovcr the plaintiff'B he lid in a menllcing fashion, and screnmed lit hcr thrclltening, "You'rc gonnll PIlY for this." h. On or Ilbout Novemher 10, 1994, thc defendant pushed the plaintiff onto the couch Ilnd strnddled her. refusing to let her up for seveI'll I minutes cllusing hcr to fCllr for her safety. c. On or IIbout Septcmher 17, 191)4, the defendnnt grabbed the plnlntiff by hcr Ilrms, threw her onto the hed. held hcr down, stradd led her, IInd threatened her saying, "You're gonna pay for this." The plaintiff pleaded nnd cried for the defendEilIt to stop, but he stripped her clothes off, forced her legs apart nnd raped her. d. In or about July. 1993, approximately one month after the plaintiff left the defendant, he restrained her and raped her. The more the plaint I ff screamed and cried in pain during the rape, the more vicious the defendant became in his assault on her. The plaintiff experienced pain and bleeding, and had difficul ty walking for several dllYs nfterward as a resul t of this incident. e. since approxlmlltely 1985, the defendllnt has pushed, shoved. and punched the plaintiff about her arms and legs, and choked the pia int I ff. The defendant refused to provide necess I ties for the plnint iff and the chi ldren, and refused to let her leave the house if she did not engage In sexual act I vi ty wi th him. The defendant has threntened to kill the plaintiff, lInyone she may date, and then kill hi mse If. 6. The plnlnt i ff bel ieves nnd therefore livers thnt she is In immedlnte nnd present danger of abuse from the defendnnt nnd that she Is in need of protect ion from such nbuse. 7. The plnint iff desi res that the defendant be prohibi ted from hnving any direct or indirect contact with the plaintiff or the minor children including, but not limited to, telephone and wri lien communicat ions. 8. The plnintlff desires that the defendnnt be enjoined from harnsslng and st/lIking the plaintiff, nnd from hafllsslng the plaintiff's family. 9. The plaintiff desires that the defendant be rest1'llined from entering her place of employment or the dny care foci I ity of the minor chi Idren, 10. The plnintiff desires that the defendant be enjoined from removing. damaging, destroying or selling any property owned solely by the plaintiff. n. EXCr.uSIVIl POssm;SIQM II. The apartment from which the plaintiff Is nsking the Court to exclude the defendant is rented in the nome of Kelly J. Jones and the defendant has never resided there. C, SUPPORT 12. The defendnnt has a duty to support the minor children. 13. The defendant is employed at lIempt Brothers as II laborer, and earns approxlmntely $9.00 per hour. 14. The plnintiff currently receives Unemployment Compensation payments of $112 weekly. Her income is insufficient to provide for her minimal needs and those of the chi Idren unt I I such time as a support order con be obtained by filing at the Domestic Helations Office. 15. The plaintiff petitioned for SUp(Xlrt through the Cumberlnnd County Domestic Rellltions Office on November 29, 1994. !) L...AXmJlNh'Y_I'm':1i 16. The pl/lintiff nsks for nttorney's fees for l.eglll Services, Inc. pursullnt to the Prntect Ion frnm ,'huse Act. li.1.- ST6TIlIi-TILPNOf.EED l1il:'9R/o!!U'AlU'l~I.1! 17. The pl/lintiff docs not h/lve funds IIvnilnhle to pay the rees for fi I ing and service of this IIIWSlli t. E '-u_TI~LJ(l.ILA1{L CIl13I9ill' 18. The plaintiff seeks tempofllry custody of the following children: ~ I'res!1nLNefi.lrt!mCe MQ Keefer John Bernhisel 512 Cherry Court ellrllsle, PA 5 years old D.O.B. November 25. 1989 Lance Bryar Bernhisel 512 Cherry Court Carlisle, PA 2 yellrs old D.O.B. July 14, 1992 The ch I I dren were born ou t of wed lock. The chi Idren lire present Iy in the custody of the pJllint iff, Ke Ily J. Jones, who resides at 512 Cherry Court, Cnrllsle, Pennsylvania. During the past five years the children have resided with the following persons IInd lit the following addresses: NlIDlC Mdressell Dates Pllllnt Iff, de f endan t 9 East Street November 25, 1989 and Keefer Mt. /folly Springs, PA to June. 1992 Plaint Iff, de f endnn t 324 North Bllltimore Avenue June, 1992 and Keefer Ml. /folly Springs, PA to July 13, 1992 Plaintiff, defendnnt, 324 North fin It imore Avenne .July 14. 1992 Keefer and Lance Mt. /folly Springs, PA to MIlY 31, 1993 Plllint iff, Keefer 512 Cherry Court June J. 1993 IIml Lnnce Cnrl Isle, PA to the present The mother of the chi Idren is Kelly J. Jones, currently residing nt 512 Cherry Court, Cnrl isle, ('ulllherlllnd County, Pennsylvanin. She is single. The fnllwr of the chi Idren is Timothy J. lIernhisel, current Iy residing nt 566 pine 1(0/1<1, Cllrl isle, Cumberland County, Pelmsylvnnia. He is single. The plaintiff current I>' resides with the following persons: Nnml,l B.Ql!!U9!llihlP Keefer John lIernhisel Lnnce Ilryar Ilernhise I ~(ln son 19. The plaintiff has not previously pnrticipnted in any litigation concerning custody of the nbove ment ioned chi Idren in this or nny other Court. 20. The plaint i ff hns no knowledge of any custody proceedings concerning these chi Idren pending before n court in this or any other jurisdiction. 21. The plaint iff rloes not know of nny person not a party to this act ion who has physical custody of the chi Idren or claims to have custody or visitation rights with respect to the children. 22. The best interests nnd permnnent welfnre of the minor children will be met if custody is tempornri Iy granted to the plaintiff pending a hearing in this mntter for reasons including: a. The plnint i ff is n fi t parent who has provided for the children's physical and emotional needs since their bi rllls nnd cnn best take care of the minor chi Idren. b. The defendant has shown by his abuse of the pluintlff that he is not nn npproprinte role model for the minor chi Idren. \\lIEREFORE, pursllunt to the provisions of the "Protection from Abuse Act" of October 7, 1976, ~3 P.S. g 6101 et seQ,. us IlInended, the plnintiff prays this Honorable Court to grunt the following rei ief: A. COfllnt n Tempol'lll'Y Order pUI'~unnt to the "Protect ion from Abuse Act :11 1. Ordering the defendllnt to reffllin from lIbusing the plllintiff lind/or placing her in fenr of nbuse; 2. Ordering the defendnnt to refrnin from hllving nny direct or indirect contllct with the plllintiff or the minor children including, but not I imited to, telephone nnd written commul,l cnt Ions; J. Ordering the defendllnt to refl'llln from harassing nnd stlllking the plnintiff and from harn~sing the plnintiff's fnnll Iy; 4. Prohibiting the defendant from entering the plaintiff's plllce of employment or the day care faci I i ty of the minor chi Idren; 5. Prnhibi t ing the defendant from removing, damaging, destroying or sell ing property owned solely by the plaintiff; 6. Ordering the defendant to stny away from the plaintiff's residence locnted at 512 Cherry Court, Carlisle, Cumberland County, Pennsylvnnia, which the pnrties have never shared; 7. Ordering the defendant to stny nwny from any residence the plaintiff may in the future estnbl ish for herself, IInd 8. Grunting tempomry custody of the minor chi Idren, Keefer John nernhi~el and Lance [lrynr Bernhisel, to the plaintiff. B. Schedule n henrlng in lIccordnnce with the provisions of the "Protect ion from Abuse Act," nnd, nfter such henring, enter an order to be in effect for n period of one yellr: I. ordering the defendnnt to refruin from nbusinK the plnint I fr nnd/or plncing her in fen I' of nbuse. 2. Onlerlng the defendant to refruin from hnving any direct or Indirect contact with the plaintiff Including. but not I imited to, telephone nnd written conullunlcatlons. J. Ordering the ddendnnt to refrnln from hamsslng and stnlking the plaintiff /lnd from hnrnsslng the I'lnlntiff's fami Iy. 4. Prohibiting the defendnnt from entering the plnintiff's place of employment or the dny care fnci Ii ty of the minor chi Idren. S. Prohlbi t ing the defendnnt from removing, damnging, destroying or selling property owned solely by the plllintiff. 6. Ordering the defendant to stllY nWIlY from the plnlntiff's residence located nt 512 Cherry Court, Carlisle, cumberland County, Pennsylvllnlll, which the pllrties hllve never shared. 7. Ordering the defendllnt to stay IIway from any residence the plnintiff may In the future estnblish for herself. 8. Grunting support to the plllintiff for the minor children in the nmount of $50.00 per week payable to the plaintiff in the form of a check or money order, mul led to her residence. 9. Ordering the defendllnt to pny IIttorney's fees to Legal S~rvices, Inc. The plllintiff further IIsks that this Petition be 1'1 led and served without payment of costs, pending /I furthel' order at the henring, /lnd thut a certified Jo , 8. The defendant is ordered to PIlY interim sUPlxlrt to the plaintiff for the minor children In the amount of $50.00 per week paYllhle to the plaintiff In the form of II check 01 money order hy 01111 I pending the entry of IIn order by the CUmberlllnd County Domestic ({elations Office. Payments arc to he received by the plflintlff ellch FrldllY commencing with receipt of the first payment on Friday, Decemhe I' <), 1<)<)4. 9. This Order sllllll remllln in effect for a period of one yellr. 10. The Cllrl isle Police Department shall be provided with II certified copy of this Order by the plaintlff's attorney /lnd mny enforce this Order by arrest for indirect criminlll contempt wi thout warmnt upon probable cause that this Order has been vlolnted, whether or not the violation Is committed in the presence of the police off IceI'. In the event that an IIrrest is made under this section, the defendnnt shllll be taken without unnecessary delay before the court that Issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district just ice. (23 1'.S. ~ 6113). By the Court, K"~,~:d- .' / J' , . . - . KELLY J. JONES, I N TIm COUHT OF COMMON PLEAS OF Plulntlff CIJMIIEHI.AND COllNTY, PENNSYLVANIA v. NO. 94-6843 CIVIL TERM TlMOll1Y J, IIEHNIIISEL, Defendant PI{<YI'ECTlON I'HOM AIIUSE AND CUSTODY !X?Nm:HLl\GID':EM1:;rV This Agreement is entered on this -7- day of December, 1994, by the plaintiff, Kelly J. Jones, and the defendunt. Timothy J. llernhiseI. The plaintiff is represented by Joun Curey of LEGAL SEHVICES, INC.; the defendunt Is unrepresented hut is uwure of his right to have un utlorney. The part ies agree that the followi ng nlllY be entered us un Order of Court. I. The defendant. Timothy J. lIernhisel, agrees to refrain from abusing the plaintiff, Kelly J. Jones, and/or placing her In fear of abuse. 2. The defendant agrees not to have uny direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant agrees not to enter the plnintlff's place of employmer:t or the day care fael I I ty of the minor chi Idren. 4. The defendant agrees not to haruss und stalk the plaintiff and harass the plaintiff's family. 5. The defendunt ugrees not to remove, dumage, destroy, or sell any property owned by the pluint iff. 6. The defendunt ugrees to stuy uwuy from the plaintiff's residence locatedut 512 Cherry Court, Curl isle, Cumberlund County, Pennsylvuniu, which the part ies have never shured. #. . . , - . 7. Thl! dl!fl!ndllnt Ilgrel's to stllY nwny from nny residencl! tlw plnlntlff mny In the futurl! estllhl ish for Iwrsd f. 8, Thl! dl!fl'ndant Ilgrl!es to pny interim support to thl! plllint iff for thl! two minor children in till! Ilmount of $50.00 pl!r wel!k pllYllhle to thl! plnlnt I ff In the form of Il check or money order by mlli I pending thl! entry of Iln order by the Cumbl!rlnnd County Domestic Ill! lilt ions Offlcl!. Pllyml!nts lire tot", rl!cl!ivml hy thl! pllllntlff ellch FridllY comml!nclng with reccipt of Ihe firsl pllymenl on FridllY, December 9, 1994. 9, Tbe defendanl, nlthough entl!ring Into Ihls Agrel!ment, dOl!S not Illlmlt the allegations mllde in the Petition. 10. The defendant underslnnds thnl the Protl!cllon Order entl!red In this matter shnll be in effect for n period of one yenr. 11. The defendllnl understands thnt this Order slulll he enforceahle In the same manner as thl! Court's prior Temporury Protection Order entered in this case. 12. The defendant IInd the plnintiff ngree to the entry of an Order providing for the following custody schedule for Ihl!ir children, Keefer John Dernhlsel and Lance Bryar Bernhisel. a. The mother shall hnve primnry physlclIl nnd leglll custody of the chi Idren. h. The fllther shill I hnve pllrt illl custody of the children a;) nltl!rnlltlng weekends from Fridny lit 5:00 p.m. until Sundny lit 5:00 p.m., nnrl on dntl!s nnrlnt times mlltunlly ngreedllpon by the pnrties. c. The fllther is responsible for providing I runsportllt Ion during periods of pnrtinl custody IInd will remllin in his vehicle nt nil I imes during trunsfer of custody. Trnnsportllt ion mny be provided by tbl! futher's grllndpnrl!nts, Mne lind/or John Shenffer.