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HomeMy WebLinkAbout95-01358 '. ; , , ~ ":' , " '. . ';.:'<: '" .' " v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-13fr CIVIL TERM ~i'i r ff :~ FfJ '!.~\ ,~; ~l V f(l ,'"", ,'r.," U 'ti< ':tJ \I. If "N. :;J: ~) ,,!, Yi 1f\' (f. f}z ~N ~: :tt . '.,0: it, :~1 :~~~ ,~d j~i; ~:: ~; !~ :it;. m = ~ & f~: ~\. . ftl. . ,~~ . ffu ,:~ 1; ;l,! ',*, Y;;} ~~~ '1' ~ di ">:f ;~. ~~!.. -~1' KATHY D. STEPP, plaintiff JAMES MARLIN STEPP, Defendant . . PROTECTION FROM ABUSE AND : CUSTODY i TEMPORARY PROTBCTION ORDER AND NOW, this Itt--tA day of March, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, KATHY D. STEPP, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, JAMES MARLIN STEPP, the fOllowing Temporary Order is entered. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff or the children in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff or children except by further Order of Court. The defendant, JAMES MARLIN STEPP, SSN: 204-522~401 and DOB: 11/9/58 now residing at 106 Beech Cliff Drive, Carlisle, Cumberland County, pennsylvania, is hereby enjoined from physically abusing the plaintiff, KATHY D. STEPP, or placing her in fear of abuse. The defendant is ordered to stay away from any residence the plaintiff has now or may establish for herself in the future. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. , i.' ~r{; 1[. :.' <1" i- r" :"j , ~ ! -1 r, ;; 1 * : -~, .0' 'rS I,t'F ~~""!' .~, . ..>, i'V ~}!.V ~F 1.'!13> f' ~:t::!. , ti 1 It} , .", - ~'~ ; ;"1:'; 1,';:,::< '~ '1" it: ' , )~,:..,. ;:Kh' rf:':-' ~~~.,~"'l-; ,. '. ~ \ HAR 16 /0 2lAH '95 Fa ~[O-Of'fICE OF Tilt h(lrHQII~7,\~Y CUHUl.flll,i,il C')U~TY "CHllSYI, :,H, 'J.. .\ " c 1,\, (" '" , , '.' '-,,E The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, or the minor children. The defendant is enjoined from entering the plaintiff's place of employment or the schools of the minor children. A violation of this Order may subject the defendant tOI i) arrest under 23 Pat C.S. 56113; ii) a private criminal complaint under 23 pa. C.S. 56113.1; iii) a cbarge of indirect criminal conteapt under 23 Pat C.S. 56114, punisbable by imprisonment up to six montbs and a fine of $100.00-$1.000.00; and iv) civil contempt under 23 Pa. c.S. 56114.1. Resumption of co-residence on tbe part of tbe plaintiff and defendant sball not nullifY the provisions of tbe court order. This Order shall remain in effect until modified or terminated by the court after notice or hearing and, can be extended beyond that time, if the court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of JAMES, JOSEPH, and CINDY STEPP, is hereby awarded to the plaintiff, KATHY D. STEPP. This Order shall remain in effect until modified or terminated by the court after notice or hearing. A hearing shall be held on this matter on the ,!,{ljtij day of March, 1995, at <:2,'0-0 .0 .m., in courtroom NO! 1<1, cumberland County courthouse, I 4<- carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further 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 fees, but service may be accomplished under any applicable rule of civil procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The appropriate police Departments in the areas where the plaintiff lives and works will be provided with certified copies of this Order by the plaintiff's attorney. This order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this order has been violated, whether or not the violation is 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 unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. 56113). ).,.~UI -f-v 94)--' fl. t. E1'.... t3. /.j./.J...ly ..... 7 /3<7 L'if' gt<-~~'i'~ By' the I . \' udge . . I JAMES MARLIN STEPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-IJ';P CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against v. KATHY D. STEPP, plaintiff the claims set forth in the following pages, you must tBke 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 set forth against you. You are warned that if you fail 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. FEES AND COSTS If the case goes to hearing and the judge grants a protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. 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 legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 KATHY D. STEPP, plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- /3tJ""f CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY v. JAMES HARLIN STEPP, Defendant PETITION ~OR PROTECTION ORDER AND CUSTODY RBLIB~ UNDBR TUB PROTICTION ~ROK ABUSB ACT, 23 P.S. 5 &101 .t ..q. A. ABUSI 1. The plaintiff, KATHY STEPP, is an adult individual temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 2. The defendant, JAMES HARLIN STEPP, SSN:204-522-401 and DOB: 11/9/58, is an adult individual residing at 106 Beech Cliff Drive, Carlisle, cumberland county, Pennsylvania, 17013. 3.. The defendant is the husband of the plaintiff. 5. since approximately 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, or has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances -'; , of abuse: a. In or around the end of January 1995, while the plaintiff and defendant were arguing, the defendant followed the plaintiff about the house and refused to alloW the plaintiff to leave the residence standing in front of the door and pUShing her away if she tried to leave. The police were called and they helped the plaintiff leave for the night. b. On approximatelY a weeklY basis, the defendant abuses the plaintiff in ways including, but not limited to, the following: Grabbing the plaintiff by the arms, shaking her, and restraining her from leaving. c. In or around August 1994, while the plaintiff was driving the car, the defendant punched the plaintiff in the arm several times. upon arriving home, the defendant followed the plaintiff into a room, grabbed her by the arms and shook her. The defendant then hit the plaintiff in the side of the face with an open hand causing the plaintiff to fall and her glasses to fly from her face. The plaintiff suffered bruising to her face and arms. d. In or around the end of May 1994, while at a restaurant, the defendant screamed at the plaintiff several times. The plaintiff left the restaurant and the defendant followed her, and screamed threateningly "You can't hide from me, I'll find you," causing the plaintiff to become frightened and return to the restaurant so as not to get the defendant any more upset. The plaintiff and defendant left the restaurant and in the car, the defendant pulled the plaintiff's hair, beat her in the face with his hands, causing her glasses to falloff. The plaintiff made it several feet down the road before she was able to pull off of the road, get out of the car, and run. The defendant chased the plaintiff, grabbed her by the arms, hit her in the face several times, threW her back into the car, and made her drive him home. The plaintiff suffered two black eyes and bruising on her arms. 6. On or about February 28, 1995, the plaintiff and the 3 minor children left their residence at 4 Dulles Drie, Apartment 5G, camp Hill, cumberland county, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, or the minor children. .-~ ~''''..,~ ""'-0 ._..._.,.... . 10. The plaintiff desires that the defendant be restrained from entering her place of employment or the schools of the minor children. B. ATTORNEY I'EB8 11. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal services, Inc. C. TEMPORARY CUSTODY 12. The plaintiff seeks temporary custody of the following children: IfIIU Present Residence undisclosed location undisclosed location undisclosed location M!. 16 yrs. 14 yrs. 13 yrs. CINDY STEPP JOSEPH STEPP JAMES STEPP, JR. The children were not born out of wedlock. The children are presently in the custody of the plaintiff, KATHY D. STEPP, who resides at an undisclosed location. During the past five years, the children have resided with the following persons and at the following addresses: N_ev Addresses Dates plaintiff & Bosler Avenue 5/89 - 7/90 defendant Lemoyne, PA plaintiff & 5169 Trindle Road 7/90 - 3/94 defendant Mechanicsburg plaintiff & Ridley Park Apts. 3/94 - 3/95 defendant Camp Hill plaintiff undisclosed location 3/95 - present The mother of the children is KATHY D. STEPP, currently residing at an undisclosed location. She is married. The plaintiff currently resides with the following persons: ~ Relation.biD daughter son son CINDY STEPP JAMES STEPP, JR. JOSEPH STEPP The father of the children is JAMES MARLIN STEPP, currentlY residing at 106 Beach Cliff Orive, Carlisle. He is married. The defendant currently resides by himself. 13. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. 14. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 15. 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. 16. The best 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 reasons inclUding: a. The plaintiff is a fit parent who can best 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. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. S 6101 ~ ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children; 4. Prohibiting the defendant from entering the plaintiff's place of employment or schools of the minor children; 5. Ordering the defendant to stay away from any residence the plaintiff has now or may in the future establish for herself; 6. 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 or placing her in fear of abuse. 2. ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. . I , . ! 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives and the minor children. 4. Prohibiting the defendant from entering the plaintiff'S place of employment or schools of the minor children. 5. Ordering the defendant to stay away from any residence the plaintiff has now or may in the future establish for herself. 6. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this petition be filed and served without pre-paymsnt of fees by the plaintiff, and that a certified copies of this Petition and order be delivered to the appropriate police Departments in the areas where the plaintiff lives and works who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 17. The allegations of Count I above are incorporated herein as if fully set forth. '18. The best interest and permanent welfare of the minor children will be served by confirming custody in the plaintiff as set forth in Paragraph 16 of the Petition. WHEREFORE, pursuant to 23 P.S. S 5301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her. The plaintiff prays for such other relief as may be just and proper. Respectfully sUbmitted, -I ~')b/ oan Carey Attorney for Plai tiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 :;, :-f ~ l-~ '" i t~!,' ~: l~ lit ~I .',f ,",.t ;'Jf <l:, d ~1 ~J,;j l~; ; [f;l'.~::-~.c -'''':''_'''t''''''''''''~''>k''__--'''' ~ l ., >\ , The above-named plaintiff, KATHY D. STEPP, verifies that the statements made in the above Petition are true and correct. ~ ,t , .i v '{ Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. c.S. 54904, relating to unsworn falsification to authorities. -; , ~' ;"j 1 " ;~ 1 " ! ;~ i,. I Date: 3/13 J ~S I I 1': 4 ' 1"' " iC ft ~; 'f ~ ;,;: ~ ~ t, i _.,...~".... ' , ~. ; ., -4 '1 ~- l ::' ~ ~" ~ -, ...... " . " " .: " ' .., ',' . - -" .. . ... . '. , " KATHY D STEPP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-1358 CIVIL TERM PROTECTION FROM ABUSE ~R FOR CONTINUANCE L. ~ -;ay of March, 1995, upon consideration v. JAMES MARLIN STEPP, Defandant AND NOW, t his of the attached Motion for continuance, the hearing scheduled for March 24, 1995, at 2:00 p.m. in Courtroom No. I. is generally continued to afford the parties time to execute a Consent Agreement. The Temporary protective Order will remain in .ffeot pending further order of Court. A copy of this Order for Continuance will be provided to the appropriate police Departments by the attorneys for the plaintiff. By the Court, .......-.. - _. H eelY, P.J. i\ ~. '., :" 1,(/ \ i l , I I f ~. ..'".- " . I~~n 2'1 2 4y ,~I '95 . .~.~ ;~,:(1:1 : " , :'".tr,} i . ~ .# ," . KATHY 0 STEPP, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-1358 CIVIL TERM PROTECTION FROM ABUSE v. JAMES MARLIN STEPP, Defendant n MOTION FOR CONTINUANCE The plaintiff moves this Court for an Order continuing the hearing of this case until further Order .of Court, on the grounds that: 1. A Temporary protective Order was issued by this court on the 16th day of March, 1995, scheduling a hearing for the 24th day of March, 1995, at 2:00 p.m. 2. The defendant was served with the Temporary protective Order and contacted Legal Services, Inc. to discuss entering into a Consent Agreement, but is unable to execute it before the date , ~ i of hearing. 3. The plaintiff requests that a general continuance be entered and that the Temporary protective order remain in effect , ~ pending further order of court. 4. A copy of the Order for continuance will be delivered to the appropriate police Departments by attorneys for the plaintiff. ,,- ~ .: . ... . .. WHEREFORE, the plaintiff moves this Court to grant the plaintiff's Motion, and to continue this matter until further Order of Court. Respectfully submitted, ..~~ ...Carey torney for Plaint ff LEGAL SERVICES. INC. a Irvine Row Carlisle PA 17013 (717) 243-9400 ., I, ~. . ~! f' ~' ~ ~ , " 1 IIMlllUrr'lI lUl'rUI\N QAII_ NO. 1998-01388 P c:cMMONWIIIA%.'rH or PIlNNIIY%.VANIA. COUN'rY or CUHB_ALAND , ~ _mI1D'" ICA.mlnt' D VII. .~.PD 3AM.. MAkL%N '\ " 1 M%eHA8:t. IlAJUUek , IIha~~rr o~ Daputy IIha~~rr or CUMBIlALAND County, Pannay1van1a, who b01ng du1y awo~n aaoo~d1ng to 1aw,aaya, that ha aa~vad thO w1th1n PROm~%ON rROM ABU.. upon .map>> 3AMme MARLXN thO d.~.nd.nt,. at 17.00 HOUI\S, on tha .l.!UUl day or Ma~ah , 19U at ~06 ..&eHeL1rr D~Ym ~~%.~m, PA 1?013 Caunty, Pannay1van1a, by hand1ng to ,CUMBI1JU..JJ.ND , JAMliUI M. sms:pp DllrIilNn...,y a t~ua and attaatad aopy or tho PAO~EcmZON FROM ABUSII , and at tho aamo t1mo d~~oat1ng ~ attont10n to tho aontonta tha~aor. .ha~1rr'a Coata. Doall:at1ng Sa~v1aa Arr1dav1t Su~aha~g. 18.00 5.04 .00 .00 $23.04 80 anllvclllall , ;. . . .",~L'~~, ...:'d -r". ....1~..WP)l~~J:'''''...~,'l.;.....1l' . " ~. 'rhomaa K11na. Sha~~rr by ~~Q Daputy ~ rr 00/00/0000 ...o~n,and aut>lIa~1bad to b..ro~" m.. th111 ,:J:J"",.l day or 111.1,....)'-'" "9 91' .. A.D. , . .... '< Uut..... , (}. 11t...lb- I.lP0, pcothonotaa:y . .~ q! ,fl.~ ~_...- i:(' /t<C "f&. :~'J ;' ~; ~~r ,Ill ' tft;~: ~, ~'lt: 'fj; -:tlL; ~;'}d!- '~," t!:~ ~~l:' 'l' 'f'}-;' ~~T'<-. \J J ;J1 ;f; ~~ ,';L ,~J" ,'-1'',,- .',. ,i~~iF; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1368 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY ~OTECTION ORDER AND NOW, thisJ}/_ day of March, 1996, upon consideration of the Consent Agreement of the parties, the following Order is KATHY D. STEPP, Plaintiff v. JAMES MARLIN STEPP, Defendant entered: 1. The defendant, JAMES MARLIN STEPP, is enjoined from physically abusing the plaintiff, KATHY D. STEPP, or from placing her in fear of 'abuse. 2. The defendant is enjoined from having any 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 is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children. 4. The defendant is prohibited from entering the plaintiff's place of employment. 6. The defendant is ordered to stay away from any residence the plaintiff has now or may establish for herself in the future, except for the limited purpose of transferring custody. 6. The court costs and fees are waived. ~ r, ~ ~ ~ ~ ~ ~ 'r ~ " ~ ~ ~ ~ ~ , ~ ~ .~ ~. ~ il ~ t: ~ ~ r ~i ~ t n " ~ 2 . ~ K ~ ~ E . ~ ~ ~ ~ ~ ~' 7. 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 has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 8. This Order may SUbject the defendant to: i) arrest under 23 Pa. C.S. 66113; ii) a private criminal complaint under 23 Pa. C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) 'civil contempt under 23 Pa. C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the ~ f r. ~ ~ ! ~ ^ . { f provisions of the court order. 9. The appropriate Police Departments in the areas where the plaintiff lives and works shall be provided with certified copies 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 violation 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 AFR 3 9 00 AH '95 ~l.> (r f.'~r'GE OF : I'l ; 0 '110 N';J'M,y Cl'It"CL:IW C)t:.'orY r'F.Ht;:~.L,,~N'~ " !;1\ l: llF \~; 'lea,. , iM ' ~n '1~ iff' M ,f l~: .i} ~; ,iC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1368 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDER AND NOW, this ,~9~ day of March, 1996, upon consideration KATHY D. STEPP, Plaintiff v. ~... ~!f~ ~/' ~, ;i~; ~j i~' ~, '(i ",<:'" ;~. (if ~,,,; 1'.' JAMES MARLIN STEPP, Defendant of the parties' Consent Agreement, the following Order is entered . with regard to custody of the parties' children, JAMES, JOSEPH, , It ?~' "t.~~ ,f,'; ,I.. ''-1"''- l~_':;' i""~ ~ ,1)' -i_. !iU ~~: $;;' ~~~ :ft,' ft. ~\(, :~ 0.t~ r~\.t f€'1 '(~fi ~;J~ ~.ll &{- ~il f,~,_r >,\. ,d '''I "I 1J f':;1-' , I '~:;:: "] n . !'1 ';' I :i! ~ .. .\ and CINDY STEPP. 1. The plaintiff, hereinafter referred to as the mother, shall have primary physical and legal custody of the children. 2. The defendant, hereinafter referred to as the father, shall have partial custody of the children, on dates and at times mutually agreed upon by the parties. 3. This Order shall remain in effect until further Order of Court. 4. The mother and father shall notify each other of all medical care the children receive while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 6. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and ;tJ 'j /'- '\"1' !'.co,';-" , '.'>~""".'__"''''''~~'',H .:; !c ~ I. :1 . . natural development of the children's love or respect for the other parent. By the Court, k/~E -fbt.--- Hara1d E. Sheely, P.J. ' KATHY D. STEPP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1358 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CONSENT AGREEMENT This Agreement is entered on this ~6(9n day of March, 1995, v. JAMES MARLIN STEPP, Defendant by the plaintiff, KATHY D. STEPP, and the defendant, JAMES MARLIN STEPP. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendBnt is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, JAMES MARLIN STEPP, agrees to refrain from abusing the plaintiff, KATHY D. STEPP, or placing her in fear of abuse. 2. The defendant agrees not to have any 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 harass and stalk the plaintiff and harass the plaintiff's relatives and the minor children. 4. The defendant agrees not to enter the plaintiff's place of employment. 5. The defendant agrees to stay away from any residence the plaintiff has now or may establish for herself in the future, enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. ~) except for the limited purpose of transferring custody. 6. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 7. The defendant understands that the Protection Order entered in this matter shall be in effect for a period of one year or until modified or terminated by the Court after notice or hearing and, can be extended beyond that time, if the Court finds that the defendant has committed another act of abuse or has " engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 8. The defendant understands that this Order shall be 9. The defendant and the plaintiff agree to the entry of an ,Order providing for the following custody schedule for their children, JAMES, JOSEPH, and CINDY STEPP: a. The mother shall have primary physical and legal custody of the children. b. The father shall have partial custody of the children on dates and at times mutually agreed upon by the parties. c. The mother and father agree that each shall notify the other of all medical care the children receives while in that parent's care. Each parent shall notify the other immediately of medical emergencies Which arise while the children are in that parent's care. d. The parties realize that their children's well being is paramount to any differences they might have between. themselves. Therefore, they agree that neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. WHEREFORE, the parties request that a Protection and custody Order be entered to reflect the above terms. Kathy stepp, Plaintiff ~' J n Carey ~,y fo' Ph' tiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 Oef ;i ~ ; ~ ; ~. " " ;'! ; . J ~:j .,... \ ....~ ~ '~-- d -<) ~ i ~ " Tin ~ ~ , ~ ~~, '=:J <:i... ~ .~, ~ N') t'() ~ 4 ,', " , "