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DAVID A. HEINBAUOH, JR.,
Plaintiff
and on behalf of thc minor chlldrcn,
SHADEAUX MARIE HEINBAUGH and
TYLER ADAM HEINBAUOH,
IN nlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95. 3 (1 0
CIVIL TERM
I
I,
CRYSTAL D. ANGLE,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION ORDER
I
.) I'" 9 I I f
AND NOW, this ~ day of January, I 95, upon presentation and cons derat on 0 the
within Petition, and upon I1ndlna that the plaintiff, David A. Heinbaullh, Jr., and the minor
children, Shadeaux Marie Heinbauah and Tyler Adam Hel/lbauah, temporarily residing at 335
Old Mill Road, Carlisle, Cumberland County, Pennsylvania, are in immediate and present
danaer of abuse from the defendant, Crystal D. Anale, the fOllowing Temporary Order is
cntered .
The defendant, Crystal D. Angle, (SSN: unknown to the plaintlfl)(Date of Birth:
February 26, 1972) now residing at 40 West Big Spring Avenue, Apt. 40, Newvllle,
Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff,
David A. Helnbauah, Jr., or the children, or placing them in fear of abuse.
The defendant is excluded from the plaintiff's residence located at 40 West Big Sprlna
Avenue, Apt. 40, Newville, Cumberland County, Pennsylvania, a residence which Is jointly
leased by the parties.
The defendant is ordered to refrain from havlna any direct or indirect contact with the
plaintiff Including, but notlimhcd to, telephone and wrlllen communications.
The defendant is enjoined from harasslna and slIllklng the plalntl ff and from harasslna
the plaintiff's relatives.
The defendant is enjoined from enterina the plaintiff's place of employment or the day
care facility of the minor children.
The defendant is enjoined from removing, damaalna, destroyina or sellinllsny property
owned jointly by the parties or owned solely by the plaintiff.
A violation of thla Order may sUbJed the defendant tOIl) arrest under Z3 Pa. C.S.
"113111) a private criminal complaint under 23 Pa. C.S. 16113.1111I) a charae of Indirect
criminal contempt under 23 Pa. C.S. 16114, punlahable by Imprlaonment up to al" months
and a nne of $100.00-$I,OOO.Olh and Iv) civil contempt under 23 Pa. C.S. 16114...
Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the
provisiOns of the court order.
This Order shall remain In effectljntil modified or terminated by the Court after notice
or hearlna and, can be extended beyond that time, if the Court I1nds that the defendant has
committed another act of abuse or has enaaaed In a pattern or practice that Indicates continued
risk of harm to the plaintiff.
Temporary custody of Shadeaux Marie Heinbaugh and Tyler Adam Heinbaugh, Is hereby
awarded to the plaintiff, David A. Heinbaugh, Jr..
This Order shail remain In effect until modll1ed or terminated by the court after notice
, .1
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. or hearlna. A hearing shall be held on this matter on the _:.- day of " L'" " II! ,199~.
o '\ ' 'J I
at :J, ,I f:rn., In Courtroom No,-" Cumberland County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees pendinll a further order after the
hearlnll.
I
I
DAVID A. HEINBAUOH, JR.. IN THE COURT OF COMMON PLEAS OP
Plaintiff
and on behalf Qf the minor children,
SHADBAUX MARIE HEINBAUOH and CUMBERLAND COUNTY, PENNSYLVANIA
TYLER ADAM HEINBAUOH,
v.
NO. 9~.
CIVIL TERM
CRYSTAL M. ANOLE,
Defendant
: PROTECTION PROM ABUSE AND CUSTODY
NOTICE
You have been sued In court. If you wish to defend aaalnst the claims set forth in the
followlna paaes, you must take action promptly after this Petition, Order and Notice are
served, by appearlna personally or by attorney at the hearing scheduled by the Court and
presentina to the Court your defenses or objections to the claims set forth aaainst you. You
are warned that If you fall to do so the Court may proceed without you, and a judament may
be entered aaalnst you by the Court without further notice for any money claimed In the
PetitiQn or for any other claim or relief requested by the plaintiff. You may lose money or
property Qr other rights important to you.
FEES AND COSTS
If thll case IlOCS to hearlnll and the judae grants a Protection Order, a surcharae of
525.00 will be assessed aaalnst you. You may alilo be required to pay atlQmey fees to Leaal
Services, Inc. for their representation of the plaintiff.
You mould take this paper to your lawyer at onte. If YQU do not have a lawyer
or unnot afford one, IQ to or telepllone the Qmce set forth below to nnd Qut where you
un let ItIIl help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
DA VID A. HEINBAUOH, JR., IN THE COURT OF COMMON PLEAS OJ1
Plaintiff
and on behalf of the minor children,
SHADEAUX MARIE HEINBAUOH and CUMBERLAND COUNTY, PENNSYLVANIA
TYLER ADAM HEINBAUGH,
v.
NO. 9~-
CIVIL TERM
CRYSTAL D. ANOLIl,
Defendant
.
.
: PROTECTION FROM ABUSE AND CUSTODY
PE1ITION FOR PROTECTION Olij)EB
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 P.8. 1 6101 et seq.
A..... ABUSE
I, The plaintiff, David A. Heinbaugh, Jr., Is an adult Individual temporarily residing
at 335 Old Mill Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant, Crystal D. Anale, (SSN: Unknown to the plalntlfl)(Date of Birth:
February 26, 1972), is an adult Individual residing at 40 West Big Spring Avenue, Api. 40,
Newville, Cumberland County, Pennsylvania, 17241.
3. The defendant Is the mother of the parties' two children.
4. Since approximately April, 1993, the defendant has attempted to cause and has
Intentionally, knowlnllly, or recklessly caused bodily injury to the plaintiff and to the minor
rhlldren, and has placed the plaintiff in reasonable fear of imminent serious bodily injury, and
has knowinllly enllaaed In a course of conduct or repeatedly committed acts toward the plaintiff
and the minor children which placed the plaintiff in reasonable fear of bodily Injury. This has
included, but is not limited to, the followlnll specific instances of abuse:
a. On or abllut January 18, 1995, the defendant shouted profanities at the
parties' 17 month old dauahter, Shadeaux, shoved the stereo off of the stalld,
threw the VCR onto the floor, threw a portable television from the ,Ivinll room
Into the dinlna room wall, and broke the alass top on an end table while swlnaini
her arms wildly and screaming at the plaintiff. When the plaintiff, fearlna for
their safety, arabbed the baby and went to a nelahbor's apartment, the defendallt
fQ\1owed them Into the apartment, raised her arm to strike the plaintiff who turned
his back to shield the child, and punched the plaintiff in the back several times.
The defendant, fearlna for his safety and that of his children, took both children
to his parents' home where he Is temporarily residing.
b. On or about January 13, 199~, when the parties' daullhter, Shadeaux, tried
to take some food off of the defendant's plate, she grabbed the child by her arm,
twisted It behind her back, and shoved her to the floor. The child sustained red
marks on her arm as a result of this incident.
c. In or about the week before Christmas, 1994, the defendant ye\1ed at the
parties' 6 month old son, Tyler, who was crying, and told him to shut the hell
up. When the child did not stop crylna, the defendant arabbed the baby by hi,' '
arms, raised him Into the nlr, and shook him violently.
d. In or about early December, 1994, the defendant arabbed the paru,,'
youna daullhter, Shadeaux, lifted her Into the air and threw her onto the coudl
causlna the plaintiff to fear for the child's safety.
e. In or abOllt early December, 1994, the defendant threw a cup of hot coffee
at the plaintiff splashina the coff~ 0/1 his back. The plaintiff suslalned scaldlna
on the skin of his lower back as a result of this incident.
f. Since approximately September, 1994, the defendant has abused the
parties' children in ways Includina, but not limited to, shaklna them violently,
throwing Shadeault onto the couch, and nealectina to feed the children In a timely
manner. On several occasions when Shadeaux cried, the defendant used her foot
or hand to shove or push the child Into the bedroom, sometimes causlna the child
to fall to the l1oor, shut the door, and left the child In the room unallended and
crying.
II. In approximately April, 1993, the defendant threw a porcelain l1aurlne at
the plaintiff strlkinll him on the back with It. The plaintiff sustained a bruise on
his back as a result of this Incident.
5. On or about January 18, 1995, the plaintiff and the two minor children left their
residence at 40 West Bill Sprlnll Avenue, Apt. 40, Newville, Cumberland County, Pennsylvania,
in order to avoid further abuse.
6. The plaintiff believes and therefore avers that he and the minor children an; In
immediate and prestnt danller of abuse from the defendant should they return to the home
without the defendant's exclusion and that they are In need of protection from such abuse.
7. The plaintiff desires that the defendant be prohibited from havlnll any direct or
Indirect contact with the plaintiff lncludlnll, but not limited to, telephone and written
communications.
8. The plaintiff desires that the defendant be enjoined from harassing and stalklna
the plaintiff, and from haral8lna the plaintiff's relatives.
9. The plaintiff desires that the defendant be restrained from enterlna her place of
employment or the day care facility of the minor children.
10. The plaintiff desires that the defendant be enjoined from removlna. damaglna,
destroylnll or selling any property owned jointly by the parties or owned 5OIe'.y by the plaintiff.
JI. EXCLUSIVE POSSFliSION
II. The apartment from which the plaintiff Is askina the Court to exclude the
defendant Is rented In the names of David A. Helnbaullh, Jr. and Crystal D. Angle.
12. The plaintiff desires possession of the apartment so as to aive the greatest dearee
of continuity to the lives of the children. The defendant has family and friends In the area with
whom she can stay.
C. LQ~SES/ATI'ORNEY FEES
13. The plaintiff has suffered losses as a result of the abuse by the defendant. The
lossel are listed on Exhibit A attached.
14. The plaintiff asks that the defendant be ordered to pay reasonable attorney fccs
to Leaal Services, Inc.
p. TEMPORARY CUSTODY
U. The plaintiff seeks temporary custody of the followlna children:
tiuDI
Present Residence
Au
Shadeaux Marie Heinbaullh
m Old Mill Road
Carlisle, PA
17 months old
D.O.B. AUllust 8, 1993
7 months old
b.O.B. June I~. 1994
Tyler Adam Helnbaullh
335 Old Mill Road
Carlisle, PA
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The father of the children Is David A. Heinbauah, Jr., temporarily resldlna at 33~ Old
Mill Road, Carlisle, Cumberland County, Pennsylvania.
He Is sinale.
The defendant currently resides alone.
16. The plaintiff has not previously participated In any IiUaation concernlna custody
of the above mentlonr.d children in this or any other Court.
17. The plaintiff has no knowledlle of any custody proceedinas concernlna this/these
children pendlna before Il court in this or any other jurisdiction.
18. The plaintiff does not know of any person not a party to this action who has
physlcal custody of the children or claims to have custody or visitation rlahts with respect to the
children.
19. The best interests and permanent welfare of the minor children will be met If
custody is temporarily aranted to the plaintiff pending a hearlna In this matter for reasons
includlna:
a. The plllintlff Is a responsible and carini parent who can
best take care of the minor children.
b. The defendant has shown by her abuse of the plaintiff that
she Is not an appropriate role model for the minor children.
c. The defendant has shown by her abuse of the minor
children that she Is a danger to the welfare of the children.
d. The defendant's behavior has adversely affected the
children.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7, 1976,23 P.S. f 6101 m KIl., as amended, the plaintiff prays this Honorable Court to Irant
the followlna relief:
A. Orant a Temporary Order pursuant to the "Protection from Abuse Act:"
I. Orderlnathe defendant to refrain from abuslna the plaintiff and/or
the minor children or placlna thell\ In fear of abuse;
2. Orderlna the defendant to refrain from havlna any direct or
Indirect contact with the plaintiff Includlna. but not limited to, telephone
and written communications;
3. Ordering the defendant to refrain from harasslnll and stalklnllthe
plaintiff and from harasslna the plaintiff's relatives;
4. Prohlbltlnll the defendant from enterlna the plaintiff's place of
employment or the day care facility of the minor children;
5. Prohibiting the defendant from removlnll, damaalng, destroylna or
selllnll property jointly owned by the parties or owned solely by the
plaintiff;
6. Orantlnll possession of the apartment located at 40 West Big Sprlna
Avellue, Apt. 40, Newville, Cumberland County, Pennsylvania, to the
plaintiff to the exclusion of the defendant pendlna a flnal order in this
matter;
7. Orderlnll the defendant to stay away from any residence the
plaintiff may In the future establish for himself, and
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8. Orantlna temporary custody of the minor children, Shadeaux Marlo
Heinbauah and Tyler Adam Helnbauah, to the plaintiff.
B. Schedule a hearlna In accordance with the provisions of the "ProtectiQII
from Abuse Act," and, after slIch hearing, enter an order to be In effect for a period of one
year:
I. Orderlna the defendant to refrain from abuslna lhe plainti ff and/or
the minor chlldrell or placlnllthem In fear of abuse.
2, Orderlna the defendant to refrain from havlna any direct or
Indirect contact with the plaintiff includina, but not limited to, telephQne
and written communications.
j, Orderlnllthe defendant to refrain from harasslna and stalklna tho
plaintiff and from harasslnllthe plaintiff's relatives.
4. Prohlbltlnll the defendant from enterlna the plaintiff's place Qf
employment and the day care facility of the minor children.
5. Prohlbltlna the defendant from removina, damaglnll, destroyln, or
sellinll property jolntiy owned by the parties or owned solely by the
plaintiff.
6. Orantina possession of the apartment located at 40 West Bill Sprbll
Avenue, Apt. 40, Newville, Cumberland County, Pennsylvania, to the
plaintiff to the exclusion of the defendalll.
7. Orderlna the defendant to stay away from any residence the
plaintiff may in the future establish for himself.
The above-named plaintiff, David A. Heinbaugh, Jr., verll1esthatthe statements made
In the above Petition are true and correct. The plaintiff understands that false statements herein
are made subjcctto the penalties of 18 Pa, C.S. . 4904 relating to unsworn falsification to
authorities.
Date:
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AttOl'lwy for Pllllnll rr
LPnAl, IlF.'RVH~t\, IN(~.
CrY~11l1 D, Angll' OldlJllllllnl)
40 WeN I f\ I g ,~prl ng Avenue
Apt, 40
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