HomeMy WebLinkAbout95-00425
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The defendant lu enjoJ.nElri from harassing and Bt>3lktnl1 the plaintiff and
from harassi09 the plaintiff'B relativeB,
The defendant. is llnjo ltled from enter1n\1 the plalnti ff I s place of
employment, Bchools and the day care facilities of the minor children,
The defendant is enjoined from renpvl.n\1, dllJM\1in\1, destroyin\1 or aeUing
any pl'ol>erty owned jo intl y by the partiea or owned aole 1 y by the plaint.if f ,
A violation of tMa Order may IiUbject t.he defeMant to: i) arrest urv:Isr
23 Pa, C,S, 66113; ii) 11 private ~riminal complaint urv:Isr 23 Pa. C.S. 86113.1;
i11) a char!Jlt of 1M iract cr lm.11'lII1 oontlllll>t I.IIWlr 23 Pa. C. S. 86114,
(MliSMble by l~riflOnment up to six IIkXItha aM a HIlII of tloo.00-t1,000.00;
ard iv) civil oonteq>t. IIMllr 23 Pa, C,S, 86114,1. lleBIJ'IIltion of co-rtl8idence
on the part of the plllintiff ~ defendant shall oot nullify the provisionll of
the court order,
Tllmporary <:IJ.Bt.ody of SHAWN, BRIAN, and M.Mf MARTIN, is herllby awarded to
t.he plaintiff, NANCY J. HARTIN,
This Order shall remain in effect until modified or terminated by the
court lift.er not lee or hearin\1, A hearing shall be held on t.his matter on the _
..iu!. day of .~{"k.!.~d' 1995, at ,~1' {(' (i,m, I in Courtroom No,~':,
cumberlaoo County Courthouae, Carlisle, pel'U'lllylvania,
The plaintiff may procfled wlthout pre-payment of fees pendino a further
order after the hearing,
The CUmbflr lan(1 County Sher lff I S Dapllrtment SM II attell'Clt t.O make service
lit the plainUtf I B requefJt. 1I/lC1 wHhollt pnl--paYTllflnt of fells, but service lMY be
accomplished under any appl icahla rlll.e of Civil Procedure,
JWI.
2 Ul rll '95
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plaintiff and the minor chiLdren. This has included, but is not
limited to, the following specific instances of abusel
a. On or about January 11, lQ95, the defendant became
enraged, grabbe1 the phone from the plaintiff, threw the
phone across the room into a wall, picked up a footstool,
threw it into tho air with such force ao to cause it to
break when it hit the floor. After the plaintiff plugged
the phone back in and while she was talking on the phone,
the defendant threatenod tho plaintiff by yelling into the
phone saying, "When she gets off the phone, I'm going to
finish her off," The plaintiff's ten year old son ran to a
neighbor's home and telephoned the police who arrived wi~hin
minutes and escorted the dofendant from the home,
b. On or about May 7.7, ),'194, the defendant threatened to
burn down the house and shed while pulling a recliner into
the yard, pouring gasoline over it, and setting it on fire,
The defendant was arrested for disorderly conduct.
c, In or arollnd May 12, 1'193, while the three year old was
lying on the floor watching television, the defendant
ent,ered the house, picked the child up by his feet, and
dro~ped him on his head, causing brUising and brushburns to
the child's head, When the plaintiff picked up her son and
refused to hand the child over to the defendant, the
defendant grabbed tho plaintiff by the hair, pUlled hair
from her head, and slapped her in the side of the lace'
breaking her glaeeos and causing pain and redness about her
face. The plaintiff gave the child to her ten year old son
who ran with him to a neighbor's home to avoid abuse, The
defendant then twisted th~ plaintiff's arme and headbutted
her several times. The plaintiff suffered loss of hair,
Boreness about her head, face, and arm, as well as bruising.
The defendant was arrested by the police for simple
BRsault.
d, Since approximately May 1994, the defendant has
repeatodly abused the plaintiff In waye including, but not
limited to, threatening the,plalntlff by drawing back his
fist ae If to plJnch h~r, caueing hor to fear for her safety,
hitting the children on their huttocks forcefully causing
bruising and grabbing them hy their arme with enough force
to cause bruising,
5. The plaintiff believes and therefore avers that she and
the minor children are In immedi~te and present danger of abuse
from the defendant, and that they are in need of protection from
such abuse.
6, The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff or
the minor children including, but not limited to, telephone and
written communications,
7. The plaintiff deslrea that the defendant be enjoined
from harasRing and etelklng tho plalhtlff, and from harassing the
plaintiff'e relatives.
8, The plaintiff desires that the defendant be restr41ned
from entering her place of ~mployment, schools and day care
facilities of the minor children.
9, The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
jointly by the parties or owned solely by the plaintiff,
>>. 1~~l,J1IHVI PQ.lHJUIU9/f
10. The mobile home from which the plaintiff is asking the
Court to exclude the defendant is owned in the names of the
plaintiff and defendant.
11, The plaintiff currently has no place to stay with her
children except the marital home.
12. The plaintiff desires possession of the mobile home so
aa to give the greatest degree of continuity to the lives of the
children and to allow them to continUe their education at their
schools and to continue their school and social activities,
13, Alternatively, the plaintiff desires the defendant to
provide suitable alternate housing for her and the minor
chi ldren.
G.,. f:JVPPORT
14, The defendant has a duty to support the plaintiff and
the minor children.
15. The plaintiff is in need of financial support from the
defendant indudt.nq, but not: limited to: health insurance
coverage, lot rent payment on the remidence at Shippensburg
Mobile Estates, LQt 188, Shippensburg, Cumberland County,
Pennsylvania,
16, The defendant is employed at Houck Roofing, and has.an '
hourly was of approximately $10,25,
17, The plaintiff currently is employed at the Boistle
company and receives $5,05 per hour,
18, The plaintiff intends to petition for support within
two weeks of the issuance of a protective order,
P'n^'J.'T,QJlJH~Y 'IlJl6
19, The plaintiff asks that the defendant be ordered ~o pay
reasonable attorney fees to Legal Services, Inc,
It. . 'J.'HHP,OJlJ\UGlJll'J'9>>X
20, The plaintiff seeks temporary custody of the followin9
children:
1fJJm.9 P.r9~.ltntJl.~m j.4!!n,c~ Mft
SHAWN MARTIN Shippenshurg t~()hi Ie Estat,es 10 yrs,
Shippenshurg, PA
BRIAN MARTIN sarna location f; YfIII,
ALAN MARTIN sarna location + Yflll.
The children wore not horn out of wedlock,
The children are presently in the custody of the
plaintiff and defendnnt, who currently res idee at Shippensburo
Mobile Bstates, Lot 188, Shippensburg, Pennsylvania,
nuring the past five years, the children have resided with
the follOWing persons and at the following dddresseal
,
I,!
Ifn.Dllt
plllintiff ..
defendant
h,4d.r !HIIl.lIl!
Shippeosburg Mobile Rntatas
IlhiplJenaburq, PA
,QlIt.I.
1990 - present
The mother of the children is NANry MARTIN, currently
reaidinq at Shippensburg Mobile EstateR, Lot 188, Shippanabur9,
Pllnnsylvllnia.
She ifj man ied,
Thll plaintiff currllntly rllsidas with the foLlowing
persons:
If..,IDa
SHAWN MARTIN
flHAWN MARTIN, ,JR.
BRIAN MARTIN
ALAN MARTIN
Itdllt J.91Ulh1p
husband
flon
son
flon
The fathflr of the children is SHAWN MARTIN, currllntly
residinq at Shippensburg Mobile Estates, Lot lBB, Shippensburg,
Pennsylvl!nia,
He is man ied.
21. The plaintiff has not previously participated in any
litigation concerninq custody of the above mentioned children in
this or any other Court,
22, The plaintiff has no knowledge of any custOdy
proceadings concarning these children pending before a court in
this or any other jurisdiction.
23. The plaintiff does not know of any person not a party
to this action who has physical cUfltody of the childreh or claims
to have custody or'visitation rights with respect to the
ch i Idren,
24, The bast interests and permanent welfare of the minor
children will be mot if custody IS temporarily granted to the
plaintiff pending a hearing in this matter for reasons including:
a, The plaintiff is a fit parent who can best take
care of the minor children,
b. The defendant haa shown by his abuse of tho
plaintiff that he is not an appropriate role model for
the minor children,
c, The defendant's behavior has adversely affected
the ch ildren,
WHreREFORE, pursuant to the provisions of the "Protection
from AblllJe Act" of October 7 I 1976, 2:1 p, S, ~ 6101 !It f!.~Sl" as
amended, the plaintiff prays this Honorable Court to grant the
follOWing relief:
A, Grant a Temporary Order pursuant to the "Protection from
Abuse .'ct:"
1, Ordering the defendant to refrain from abusing the
plaintiff and the minor children and placing them in fear of
abuse ;
2. Ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff or the minor
children Including, but not. llmited ta, t.elephone and
written co~nunlcatjona;
3, Ord~ring the defendant to refrain from harassing
~nd stalking the plaintiff and from harassing the
plAintiff's rplatives;
4. Prohibiting the defendant from entering the
pl4intiff'a place of employment, schools and the day care
facilities of the minor children;
5, Prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the parties
or owned Bolely by the plaintiff;
6, Granting possession of the mobile home located at
Shippensbufg Mobile ERtatss, Lot t8B, Rhippensburg,
Cumberland County, Pennsylvania, to the plaintiff to the
exclusion of the defendant pending a final order in this
matter;
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself;
8. Ordering the defendant to prOVide suitable
alternate housing for the plaintiff and the minor children;
9, Granting temporary custody of the minor children
to the plaintiff;
8, Schedule a hearin~ in accordance with the prOVisions of
the >>protection from Abuse Act,>> and, after such hearing, enter
an order to be in effect for a period of one year:
t, ordering the defendant to refrain from abusing the
plaintiff and the mInor children and placing them in fear of
abuse,
2, Ordering the defendant to refrain from having any
direct or indirect contact with the plaintiff or the minor
ohildren inclu~ing, but not limited to, telephone and
written communicationB,
3. ordering the defendant to refrain from harassing
and stalking the plaintiff and from harassing the
plaintiff's relatives.
4. Prohibitin9 the defendant from entering the
plaintiff's place of employment or schools and the day care
facilities of the minor children,
5. Prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the parties
or owned solely by the plaintiff.
6, Granting posaesaion of the mohile home located at
Shippensburg Mobile Estates, Lot 186, Shlppensbury,
Cumberland County, Pennsylvania, to the plaintiff to the
exclusion of the defendant.
7. Ordering the def~ndant to stay away from any
residence the plaintIff may in the future establish for
herself.
e. Ordering the defendant to provide suitable
alternate housing for the plalntiff and the minor children.
9, Grantlng support to the plaintiff and the minor
children in an appropriate amount according to the support
Quidellnea tn the amOllnt of $162.00 per week payable to the
plaintiff In the form of a check or money order, mailed to
her reaLdenre, and ordering the defendant to provide health
coverage to the spouse and minor ~hildren, directing the
defendant to pay nll of the unreimhuraed medIcal expenses of
the plaintiff and minor children to the provider or to the
plaintiff when ahe has paid for the medical treatment and
directing the defendant to make or continue to make lot rent
or mortgage payments on the reaidence of the plaintiff,
la, Ordering the defendant to pay reaaonahle attorney
fees to Legal Services, Ioc,
The plaintiff further asks that this Petition be filed and
served without payment of fees and coats by the plaintiff,
pending a further order at the hearing, and that a certified
certified copies of this Petition and Order be delivered to the
Mid-Cumberland Valley Regional Police Department who has
jurisdiction to enforce this Order.
The plaintiff prays for such other relief JS may be just and
proper.
COUNT II
C!1J1'J.'QPYJ.llfJ).I!. P.IU"!~YIWAIHAu(;JIUQXlY"M!f
25, The allegations of Count I above are incorporated
herein as if fully Bet forth,
26, The best interest and permanent welfare of the minor
children will be served by ~onfirming custody in the plaintiff as
set forth in paragraph 24 of the Petition,
WHF.RIilFORF., pursuant to 2~ P,S, !l 5301 'tt ,!Ill!}., and other
applicabLe rules and Law, the plaintiff prays this Honorable
Court to award custody of the minor chlldr~n to her.
The above-named plaintlff, NANCY MARTIN, verifies that the
statements made in the above Petition are true and correct. The
plaintiff understands that false statements herein are made
.ubject to the penalties of 16 Pa, C,S, section 490', relating to
unsworn falsification to authorities,
Date In_,l,~::l.f:1S~.._,_,____,u_n_. 7:~1i~~n ~~~ttf"--'-----'
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,
NANCY J. MART IN,
Plaintiff
for herself and on behalf of
minor chi ldren
S~jAWN MART I N
BRIAN MARTIN
ALAN MARTI N
v.
IN THE COURT OF COMMON PLEAS of.
CUMBERLAND COUNTY,PENNSYLVANIA
NO. 95-425 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
SHAWN W. MARTIN,
Defendant
.Qffl)r;Il, f..QfLC,QNIWlJAN,CE
AND NOW, t h 1 s . i.ttl~ day of February, 1996, upon
consideration of the attached Motion for Continuance, the matter
scheduled for hearing on February 3, 1995, at 2:00 p.m., by this
CQurt's Order of January 26, 1995, is hereby continued until
February .ll_, 1996, at ..l,:t.'(.'" _fl.In, in Courtroom No.5,
The Temporary Protection Order will rsmain in effect for a
period of one year or until a final Order i. entered in this
cue.
This Order and Motion shall bB docketed in the office of the
Prothonotary and forwarded to the Sheriff for service along with
the original complaint. The Prothonotary shall not send a copy
of this Order and Motion to Defendant by mail.
A certified copy of this Order for Continuance will be
provided to the Mid-Cumberland Valley Regional Police Department
by the plaintiff'~ attorney.
By the court,~/ i ).
'.' .." .! .'
:lj,~;'~Ol;, ;'-.,i:h;~-~-
NANCY J. MARTIN,
PllIint iff
for her.elf and on behalf of
minor children
SHAWN MARTI N
BRIAN MARTIN
ALAN MARTIN
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
NO. 95-425 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
SHAWN W. MARTtN,
Defendant
MQU9R f9a,Q.OtUI~!JAtt.Q.E
The plaintiff moves this Court for an Order contin~jng the
hearing in the above-captioned CBse on the grounds that:
1. A Temporary Protection Order was issued by this Court on
January 26, 1995, schedu 1 i n9 a hear i ng for Feb ruary 3, 1995, at
2:00 p.m.
2. The Cumberland County Sheriff's Department had not been
eble to effect service.
3. The plaintiff requests that a hearing be rescheduled in
this matter.
4. the plaintiff requests that the Temporary Protection
Order remain in effect pending further Order of Court.
15. Certified caples of the Order 'or Continuance will be
delivered to the Mid-Cumberland Valley Regional Police Depertment
by the attorney for the plaintiff,
WHEREFORE, the plaintiff requests that this Court grant this
Motion and reschedule this matter for hearing. and that the
. ,
.... yuu knuw, 1M plalnllrt hu ftIId IItpI aadIlIIlllinll ~ uncJ.lbI Pro!*:1I011 Prom
...bu.. "'~llIId h.. oblllnld I Tlmporwy Prollllllon Order. 1!11 plalnll" I. pJlpuId to havI
I hllrinl held III ordar 10 obllln I lInal ProIeellon Order a<<aedvI tor 01\1 (I) yrar,
AI ID altll'llatl", ,IU "", eOOlllll to tMlIllI7 01 tilt ..... Pntlldloll 0", to be
ba Ifhct tor Oil' 'Iar. U,IU an wlWq to co..1lt ,IU 11I.11I call Ltpl8lnn, lac. III
CarIJIlt at 243.f4IJO, 7......7. troaa .... W.. Ibon or ...." tnmlbJppelllbu..., ud
uk to .pnk to lb. RIIr penOD balltUIII. lb, elM about a c-a A.......llt.
Th, Conlllll "'....mlllllhould be prIpVId batorIlha IIl1l1lCh1dullll tor Iha hrarllI,1O
11I1 Court will know Meall lIt II",~ III.. th, r..... wlI111llt be CQllIUIId. In 1OIIl. CUll, fIIII'CIlIII
ot whelh.r I Mllllmenl by Conlllll "'llIImllll hu been readled, .... puUea mU1l1ppIIl' In
llOurt 1111I. IIml ICIIllIulld tor heartn.. It th. c-. I. uncon"'lId, .... court IlpptII'IlICI will be
britt, Thl J udll wlU man 'UIIl 11I1 pu1I.. undenllnd 1M eon....1 ......."'enl IIId nnlll
Pro!*:lIon Ordlr.
It you do nOI ..... to III. enlry or III' lIIIIl ProIectIon Order, a conllllld hearin. will
like plll:4l .. 11I1 IChldulld IIml. When a lInal ProIecllon Order I. enlefld, It will be 11II1 or
a1vlIllO you, III. plalnllff, IIId 11I1 epproprlale police daputmenll. It ~ taI1lO abld. by dI.
Itrm. ot dI. lInlll Prollllllon Order you will be .ubject 10 Immldltlll .....1, IIId a lIna ot
'100,00 10 11,000,00 andlor aJlIIllIIIlIllCl ot up to III monlll. and 0Iller ....,.t.
....... AND COlD
It dll CUI,OII to hearllllllld dI. Judl'lfIIIlla ProIIcIIon Ordar, UUl\lhara. ofS25.00
will be "MINd epIn.1 you. You may 11110 be required 10 "Y lIllInI'Y ""10 Lapl SIl'VIc:ea,
Inc. tor lIIe1r rtpflllllllllon ot Iht pIalnllff.
YOU SHOULD TAU 11111 PAPa 1'0 YOUR LAWYER AT ONCI. II' YOU
DO NOT HA VI: A LA WVIR OR CANNOT AFPOID ONl, 00 1'0 OR TaLlPHONl
1111 omel SET roR11I1ILOW 1'0 fIND OUT WHIRl YOU CAN GET LlGAL
HILP.
COURT ADMINISTRATOR, 411I FLOOR
CUM81l1U.AND COUNTY COUR11IOUSB
CAIU.ISLB, PENNSYLVANIA 17013
TIlLBPHONIl NUMIIlR: (717) 240-6200
NANCY J. MARTIN,
IN THE COURT or COKHON PLBAS or
ctJfoIBIllLANI) COUNTY, PENNSYLVANIA
NO, 9~- ,,/.~fj CIVIL TBRM
PROTBCTION PROM ABUSB
AND CUSTODY
Plaintiff
for her.elf and on ~half
of her minor childreni
SHAWN MARTIN
BRIAN MARTIN
ALAN HARTIN
VS,
SHAWN W. MARTIN,
D.1fendant
TJIlPORARY PImIC'l'I(If ORD~
AND NOW, this __~~. day of ~, 199~, upon pre.entation and
consid.rat1on of the within Petition, alld upon finding that the plaintiff /
NANCY J, MARTIN, and the minor children, now residinq at Shiwensburg Hclbile
Istate., Lot 188, Shippensburg, cumberland County/ P.~ylvania, are in
immediate and present danger of abuse from the defendant, SHAWN W. MARTIN, the
followinq Temporary Order. is entered.
The defendant, SHAWN W, HARTIN, SeNi 159-58-9372 and DOB: ~/1/61, now
residing at Shippeneburg Mobile Estates, Lot 188, Shippensburg, cumberland
County/ Pe~ylvania, i. hereby enjoined from phYlicaUy abusillll the
plaintiff, NANCY J. MARTIN, or the children, or plac1no thelll in fear of abuse,
~.. "'f'M.."t.11.J!xc:J,,~ded .fr(lll) t!l! p!.a1nUff'.-neiderlCll-)""'AtAA aL._..__
ShlwWnsburg Mobile IDareli-;-1;O!"1Btt,--mllllrl1l1'mbw \I, CtInll:lIr1l111t-alontv,-...
PeUI..ylvallla,' 8' 1:'e1l1denc:. whieh is jointly owned bytlle perU...
The defendant i. ordered to refrain from havinq any direct or indirect
contact with the plaint.iff or the minor children including, but not lilllited
to, telephone and Wt'itten communications,
, ,
The defendant is enjoined from harassing and stalkifl9 the plaintiff 4I1d
from harassing the plaintiff's relatives,
The defendant is enjoined from entering the plaintiff's place of
employment, schools and the day care facilities of the minor children,
The d~fendant is enjoined from removing, damaging, d6stroying or selling
any property owned jointly by the parties or owned solely by the plaintiff,
A violation of this Order may subject the defendant to: i) arrest under
23 Pa. C.S. 16113; ii) a private oriJllinAl ooq>laint under 23 PI1. C.S. 116113,1;
iii) a charge of imirect criminal oonteqlt under 23 Pa. C.S. 116114,
punishable by iJrIlrisol'llllltnt up to six Ironths and a fine of '100.00-'1,000,00;
and iv) ~ivil oonteqlt under 23 Pa. C.S. 86114.1. Resumption of co-re8idence
on the part of the plaintiff and defendant shall oot rwllUy the provisions of
the court' order.
Temporary custody of SIfAWN, BRIAN, and ALAN HARTIN, is hereby awarded to
the plaintiff, NANCY J, HARTIN,
This Order shall remain in effect until modified or terminated by the
court after notico or hearing, A hearing shall be held on this matter on the _
,.J ~~d""" 5
....:2- day of ~' 1995, at .~_,m., ln Courtroom No,_,
CUmberland County Courthouse, Carlisle, Pennsylvania,
The plaintiff may proceed without pre-payment of fees pending a flather
order after the hearing,
The CUmberland County Sheriff's Department shall attempt to make service
at the plaintiff's request and without pre-payment of fe68, but service may be
accomplished under any applicable rule of Civil Procedure,
NANCY J. HARTIN,
IN THE COURT OF COHHON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
for herself 4t1d on behalf
of her minor children:
SHAIffl HART IN
BRIAN HART-IN
ALAN HARTIN
NO. 95-
CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
vs.
SHAWN ~. HARTIN,
Defendant
PITITION 'QR PROTBCT1~N ORDI~
AND CUSTODY
RILII' UNDIR THE PROTECTION PROM ABUSE
ACT, 23 P.S. 8 6101 et 8eq.
A..... ABVSJ
1. The plaintiff, NANCY J. HARTIN, is an adult individual
residing at Shippensburg Mobila Estat8s, Lot 188, Shippen,burg,
Cumberland County, PennSYlvania 17257.
2. The defendant, SHAWN W, MARTIN, SSNI 159-58-9372 and
008: 5/1/61, is an adult individual re$iding at Shippensburg
Mobile Bstates, Lot 188, Shippensburg, Cumberland County,
Pennsylvania 17257.
3, The defendant is tho husband of the plaintiff.
4. Sinc~ apprOXimately 1981/ the defendant has attempted to
cause and has intontion!lly, knowingly, or recklessly c!used
bodlly injury to the Plaintiff and the minor children, has placed
thA plaintiff and the minor chlldren in reasonable fear of
imminent serious bodily injury, and has knowingly engaged in a
course of condUct or repeatedly committed acts toward the
plaintiff and the minor children, This hal included, but is not
limited to, the following specific instances of abuse:
a. On or about January 11/ 1995/ the defendant became
enraged, grabbed the phone from the plaintiff, threw the
phone across the raom into a wall, picked up a footstool,
threw it into the air with such force as to caule it to
break when it hit the floor, After the plaintiff plugged
the phone back in and while she was talking on the phone,
the defendant threatened the plaintiff by yelling into the
phone saying, "When she gets off the phone, I'm going to
finish her off." The plaintiff's ten year old son ran to a
neighbor's home and telephoned the police who arrived within
minutes and escorted the defendant from the home.
b. On or about Hay 27, 1994/ the defendant threatened to
burn down the house and shed while pulling a recliner into
the yard, pouring gaSOline over it, and setting it on fire.
The defendant was arrested for disorderly conduct.
c. In or around May 12, 1993/ while the three year old was
lying on the floor watching television, the defendant
entered the house, picked the child up by his feet, and
dropped him on his head, causing bruising and brushburns to
the child's head. When the plaintiff picked up her Ion and
refused to hand the child over to the defendant, the
defendant grabbed the plaintiff by the hair, pUlled hair
from her head, and slapped her in the side of the face
breaking her glasses and causing paln and redness about her
face. The plaintiff gave the child t.o her ten yeAr old .on
who ran with him to a neighbor's home to avoid abu.e. The
defendant then twisted the plaintiff's arms and headbutt.ed
her several times. The plaintiff suffered loss of hair,
soreness about her head, face, and arm, as well as bruising.
The defendant was arrested by the police for simple
assault.
d. Since approximately May 1994/ the defendant has
repeatedly abused the plaintiff in ways including, but not
limited to, threatening the plaintiff by drawing back his
fist as if to punch her, causing her to fear for her safety,
hitting the children on their buttocks forcefully causing
bruising !nd grabbing them by their arms with enough force
to cause bruising.
5. Th9 plaintiff believes and therefore avers that she and
the minor children are in immediate and present danger of abuse
from the defendant, and that they are in need of protection from
such abuse.
6. The plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff or
the minor children including, but not llmited to, telephone and
written communications.
7, The plaintiff desires that the defendant be enjoined
from harassing and stalklng the plaintiff, and from harassing the
plaintiff's relatives.
8. The plaintiff desires that the defendant be restrained
from enterin~ her place of employment, Ichoola and day car.
facilities of the minor children.
9. The plaintiff 4esires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
jointly by the parties or ownod solely by the plaintiff.
1L- IXCLUSIV.L..fOjUS8~O"
10. The mobile home from which the plaintiff is asking the
Cuurt to exclude the defendant is owned in the names of the
plaintiff and defendant.
11. The plaintiff currently has no plac. to Itay with her
children except the marital home.
12, The plaintiff desires pOlsession of the mobile home '0
as to give the greatest degree of continuity to the liveR of the
children and to allow them to continue their education at their
schools and to continue their school and social activitiel.
13. Alternatively, the plaintiff desires the defendant to
prOVide suit.able alternate housing for h.r and th. minor
children.
~ BUPPQRI
14. The defendant has a duty to support the plaintiff and
the minor children.
15. The plaintiff is in need of financial support from the
defendant inclUding, but not limited tOl h.alth insurance
coverage, lot rent payment on the residence at S~ippensburg
Mobile Estates, Lot 188/ Shippennburg, Cumberland County,
Pennsylvania.
16. The defendant is employed at Houck Roofin9. a~d has an
hourly was of apprOXimately $10.25.
17. The plaintiff currently is employed at the Beistle
Company and receives $5,05 per hour,
18. The plaintiff intends to petition for support within
two weeks of the issuanc~ of a protective order,
I.L ATTORIfBY IUS
19. The plaintiff asks that the defendant be ordered to pay
reasonable attorney fees to Logal Services, Inc.
S., TEMPOMll.L(t!Ill.TmJl
20. The plaintiff seeks temporary custody of the following
children I
ltI.m.t Present R.si~~~ Ail
SHAWN MARTIN Shippensburg Mobile Estates 10 yrs.
Shippensburg, PA
BRIAN MARTIN same location 6 yrll.
ALAN MARTIN same location 4 yrs.
The children were not born out of wedlock.
The children are presently in the custody of the
plalntiff and defendant, who currently res idee at Shippenllburg
Mobile Bstates, Lot 188/ Shippensburg, Pennsylvania.
During the past five years, the children have resided with
the following persons and at the following addresses I
II.I.U
plaintiff .
defendant
M.du..uu
Shippen.burg Mobile ~state8
Shippensburg, PA
pate.
1990 - pre..nt
The mother of the children is NANCY MARTIN, currently
residing at Shippensburg Mobile Hstates, Lot 188, Shippensburg,
Pennsylvania.
She is married.
The plaintiff currently resides with the follawing
persons:
e
I.Om.t
SHAWN MARTIN
SHAWN MARTIN, JR.
BRIAN MARTIN
ALAN MARTIN
B.I.la tionlbill
husband
Ion
Ion
Ion
The father of the children is SHAWN HARTIN, currently
reSiding at Shippensburg Mobile Estates, Lot 188, Shippensburg,
Pennsylvania.
He is marr ied .
21. The plaintiff has not previously participated in any
litigation concerning custody of the above mentioned children in
this or any other Court.
22. The plaintiff has no knowledge of any custody
proceedings concerning these children pending before a court in
this or any other jurisdiction.
23. The plaintiff does not know of any person not a party
to this action who has physical custody of the children or claims
to have custody or visitation rights with respect to the
children.
24. Th~ bG.t interests and permanent welfare of the minor
children will be met if custody is temporarily granted to the
plaintiff pending a hearing in this matter for rea.one including I
a, The plaintiff is a fit parent who can be.t take
care of the minor children.
b. The defendant has shown by his abuse of the
plaintiff that he is not an appropriate role model for
the minor children.
c. The defendant's behavior has adversely affected
the children.
WHIRlnORl, pursuant to the prOVisions of the "Protection
from Abu.. Act" of October 7, 1976/ 23 P. S. 8 6101 I.t. .I.t.SI. / III
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the "Protection from
Abuse Actl"
1. Ordering the defendant to refrain from abu.ing the
plaintiff and the minor children and placing them in fear of
abuul
2. Ordering the defendant to refrain from having any
direct or l.ndirect contact with the plaintiff or the minor
children inclUding, but not limited to, telephone and
written oommunications;
3. Ordering the defendant to refrain from haras.ing
and stalking the plaintiff and from harassing the
plaintiff's relatives;
, '
4. Prohibiting the defendant trom entering the
plaintiff's place of employment, schools and the day care
facilities of the minor children;
5. Prohibiting the defendant from removing, damaging,
destroying or selling property jointly owned by the parties
or owned solelY by the plaintiff;
6. Granting possession of the mobile home located at
Bhippensburg Mobile Bstates, Lot 188/ Bhippensburg,
Cumberland County, Pennsylvania, to the plaintiff to the
exclusion of the defendant pending a final order in this
matter;
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself;
8. Ordering the defendant to provide suitable
alternate housing for the plaintiff and the minor children;
9. Granting temporary custody of the minor children
to the plaintiff;
B. Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
an order to be in effect for a period of one year:
1. Ordering the defendant to refrain from abusing the
plaintiff and the minor children and placing them in fear of
abuse.
2. Ordering the defendant to refrain from having any
di~ect or indirect contact with the plaintiff or the minor
children including, but not limited to, telephono And
written communications.
3. Ordering the defendant to refrain from harassing
and stalking the plaintiff and from harassing tho
plaintiff's relatives.
4. Prohibiting the defendant from enterino the
plaintiff's place of employment or schools and the day care
facilitie~ of the minor children.
5. Prohibiting the defendant from removino, damaging,
destroying or selling property jointly owned by the parties
or owned solely by the plaintiff.
6. Granting poesession of the mobile home located at
Shippen.burg Mobile Estates, Lot 188, Shippensburg,
Cumberland County, Pennsylvania / to th.e plaintiff to the
exclusion of the defendant.
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future estsblish for
herself .
8. Ordering the defendant to prOVide suitable
alternate housing for the plaintiff and the minor children.
9. Granting support to the plaintiff and the minor
children in an appropriate amount according to the support
guidelines in the amount of $162.00 per week payable to the
plaintiff in the form of a check or money order, mailed to
her residence, and orderin9 the defendant to prOVide health
coverage to the epouse and minor r.hildren, directing the
defendant to pay all of the unroimbureed medical expenee. of
the plaintiff and minor children to the provider or to the
plaintiff when the has paid for the medical treatment and
directing the defendant to make or continue to make lot rsnt
or mortgage payments on the residence of the plaintiff.
10. Ordering the defendant to pay realonable attorney
fees to Legal Services, Inc.
The plaintiff further asks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
pending a further order at the hearing, and that a certified
oertified copies of this Petition and Order be delivered to the
Mid-Cumberland Valley Regional Police Department who hat
jurisdiction to enforce this Order.
The plaintiff pr.ays for such other relief as may be jUlt and
proper.
COUKT II
CUSTODY UMPIR PBKKSYLVAKIA CUSTODY LAW
2~. The allegations of Count I sbove are incorporated
herein .e if fully set forth.
26. The best interest and permanent welfare of the minor
children will be served by confirming custody in the plaintiff as
set forth in Paragraph 24 of the Petition.
WHIRBFORE, pursuant to 23 P.S. 8 5301 11 4Jg., and other
applicable rules and law, the plaintiff prays this Honorable
Court to award custody of the minor children to her,
I I
The above-nam.d plsintiff, NANCY MARTIN, verifies that the
.tatement. mad. in the above Petition are true and corr.ct. The
plaintiff und.rstandl that false stat.ments her.in are mad.
subject to the p'nalti.. of 18 Pa. C.S. s.ction 4904, relatil)g to
un.worn falsification to author i ties .
Datel / '-If:1$ ~in, ~
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NANCY J. MARTIN,
Plaintiff
for herself and on behalf of
minor children
SHAWN MARTIN
BR I AN MARTI N
ALAN MARTI N
IN TH~ COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
NO. 95-426 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
V.
SHAWN W. MARTIN,
Dllfendant
AND NOW, t his
QJ!DfR . f9flG<nu HiU~N~f
ttz1'4day of Fobruary, 1995, upon
consideration of the attached Motion for Continuance, the matter
scheduled for hearing on FebrtJary 17, 1995, at 3:00 p.m., by thifi
Court's Order of February 6, 1995, is hereby generally cor\tinued
to afford the parties time to e~ecute a Consent Agreement.
The Temporary Protection Order will remain in effect for a
period of one year or until a final Order is entered in this
case.
A certified copy of this Order for Continuance will be
prOVided to the Mid-Cumberland Valley Regional Police Department
by the plaintiff's attorney.
By the Court,
'j I;I}' iJ l,ti,],1
J..\ hli,',l! \1:1', \,11'11'111;,-
k'JVL';W)1 'II; jr,
i () I ,I .( (~ .1 I 11
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JJwes~y Oler,~, J.
I. ",1611 2 LI Uj
NANCY J. MARTIN,
Plaintiff
for herself and on behalf of
minor children
SHAWN MARTIN
BR I AN MAR'fl N
ALAN MARTIN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
NO. 95-425 CIVIL TERM
V,
PROTECTION FROM ABUSE
AND CUSTODY
SHAWN W. MARTlN,
Defendant
MOlIQN.fOR ~QNTJHVAHC~
The plaintiff moves this Court for an Order continuing the
heoring in the above-'captloned case on the grounds that:
1. A Temporary Protection Order was issued by this Court on
January 26, 1995, scheduling a hearing for February 3, 1995, at
2:00 p.m.
2. The Cumberland County Sheriff's Department had not been
able to effect service.
3. A continuance was granted on February 6,1995,
rescheduling the hearing for February 17,1995, at 3:00 p.m.
4. The defendant has since been served and contacted Legal
SerVices, Inc. to discuss a Consent Agreement, but he is unable
to come Into the office to execute a Consent Agreement before the
time of hearing.
5. The plaintiff requests that a general continuance be
granted In this mstter.
6. The plaintiff requests that the Temporary Protection
Order remain In effect pending further Order of Court.
7. Certified coplus of the Order for Continuance will bll
dill ivered to the Mid-ClImber-land Valley Regional Pol ice Ollpartment
bY the attorney for the plaintiff.
WHEREFORE, the plaintiff requests that this Court grant this
Motion and generally continue this matter, and that the Temporary
Protection Order remain in effect unttl further Order of Court.
Respectfully submitted,
'#.:::;:;~;O~:' ~.:,:l~/---
LEGAL SERVICES, INC.
a Irvine Row
Car Ii s Ie. PA 17013
(717) 243-9400
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NANCY J. MAHTIN,
Plaintiff
for hersslf and on behalf of
her minor children:
SHAWN MARTIN
SR I AN MARTI N
ALAN MARTIN
.
. ,
IN THE COURT OF COMMON PLEAS OF
CUMSERLAND COUNTY, PENNSYLVANIA
NO. 95-425 CIVIL TERM
PROTECTION FROM ABUSE AND
CUSTODY
vs.
SHAWN W. MARTIN,
Defendant
AND NOW, t his
PAQH;GUQN QROffl
"l>tl.day of March, 1995, upon consideration
of the Consent Agreement of ths parties, the follOWing Order is
entered:
1. The defendant, SHAWN W. MARTIN, is enjoined from
physically abusing the plaintiff, NANCY J. MARTIN, or the mInor
children, and from placing them in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives and the minor children.
3. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
4. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court finds
that the defendant has committed another act of abuse or ha$
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff or the minor childr~n.
5. This Order may subject the defendant to: i) arrest under
HAft 8
9 10 !" '95
11l.1 ,Iiit 'C~
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ClJ/4IIElnl,1I1J ~'."lllY
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23 Pa. C.S. 66113; i i) II private criminal oomplaint under 23 Pa.
C.S. 86113.1; iii) Il charge of indirect criminal contempt under
23 Pa. C.S. 16114, punishnblu by imprisonment up to 8i~ months
and a fine of $100.00-.' ,000.00; and iv) civil contompt under 23
Pa. C.S. 66114.1. Resumption of co-residence on the part of the
plaintiff Ilnd defendant shall not nullify the provisions of the
court ordltr.
6. The Mid-Gumberland Valley Regional Police Department
shall be provided with a certified copy of this Order by the
plaintiff!s attorney and may enforce this Order by arrest for
indirect criminal contempt without warrant upon probable cause
that this Order has been violated, whether or not the v10lation
,
is committed in the presence of the police officer. In the event
that an arrest is made under this section, the defendant shall be
taken without unnecessary delay before the court that issued the
order. When that court is unavai lable, the defllndant shall be
taken before the appropriate district jUstice. (23 P.S. !l 6113).
By the Court,
/"'1
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J~~f~~~jf:~~ii--
"
"
vs.
SHAWN W. MARTIN,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-425 CIVIL. TERM
PROTECTION FROM ABUSE AND
CUSTODY
NANCY J. MARTIN,
Plaint I ff
for herself and on behalf of
her minor children:
SHAWN MARTIN
BRlAN MARTIN
ALAN MARTIN
C.ONliftlLABf:lffME'H
This Agreement is entered on this .n,;i1I~ dny of February,
1995, by the plaintiff, NANCY J. MARTIN, and the defendant, SHAWN
W. MARTIN. The plaintiff is represented by Joan Carey of LEGAL
SERVICES, INC.; the defendant is unrepresented but is aware of
his riQht to have an attorney. The parties agree that the
folloWing may be entered as an Order of Court.
1. Tho defendant, SHAWN W. MARTIN, agrees to refrain from
abusing the plaintiff, NANCY J. MARTIN, or the minor children and
placing them in fear of abuse.
2. The defendant agrees not to harass and otalk the
plaintiff and harass the plaintiff's relatives and the minor
children.
3. The defendant agrees not to remove, damage, destroy, or
8ell any property owned by the plaintiff or jointly oWned by the
parties.
4. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
5. The defendant understands that the Protection Order
entered in this mat.ter shall be in effect for a period of one