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HomeMy WebLinkAbout95-01679 DIANE LYNN BUPP, plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-~7q CIVIL TERM LAWRENCE E. STORM, III, Defendant : PROTECTION FROM ABUSE AND : CUSTODY TZKPORARY PROTICTIOH ORDIR AND NOW, this ~k day of March, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, DIANE LYNN BUPP, now residing at 124 S. Second street, Wormleysburg, cumberland county, pennsylvania, is in immediate and present danger of abuse from the defendant, LAWRENCE E. STORM, III, the following Temporary Order is entered. The defendant, LAWRENCE E. STORM, 111, SSN: UNKNOWN and DOB: 1/10/60, now residing at 1822 North 27th street, Harrisburg, Dauphin county, pennsylvania, is hereby enjoined from physically abusing the plaintiff, DIANE LYNN BUPP, or placing her in fear of abuse. The defendant is excluded from the plaintiff's residence located at 124 S. Second street, Wormleysburg, Cumberland county, pennsylvania, a residence which is jointly leased by the parties; 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. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment or church. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of tbia Ordar ..y aubjaot tbe defendant tOI i) arreat under 23 'a. C.8. S'113; ii) a prtvate oriainal oo.plaint undar 23 'a. C.8. SI113.1; iii) a obarge of indireot oriainal oont..pt under 23 'a. C.8. S1114, puniabable by i.priaonaent up to eix .ontha and a fine of '100.00-'1,000.00; and iv) oivil cont..pt undar 23 'a. C.8. SI114.1. .aauaption of oo-reeidenoe on the part of tbe plaintiff and defendant aball not nullify tbe proviaiona 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 abuee or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of AMANDA, LAURA, ARLENE, and LAWRENCE STORM, IV, is hereby awarded to the plaintiff, DIANE LYNN BUPP. This order shall remain in effect until modified or terminated by the court after notice or hearing. A hearing shall be held on at S ',s this matter on the Ie .{/~ day of April, 1995, f - L'.m., in Courtroom No.~, cumberland county courthouse, 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 West Shore Regional police Department will be provided with a certified copy 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. S 6113). By the court, .~ , Judge OIAN! LYNN BUPP, I IN THE COURT OF COMMON PLEAS OF Plaintiff . . CUMBERLAND COUNTY, PENNSYLVANIA V. . . NO. 95- CIVIL TERM LAWRENCE E. STORM, III I D.f.nd.nt I PROTECTION FROM ABUSE AND . CUSTODY NOT I C . You h.v. b..n .u.d in court. If you wi.h to d.f.nd .gain.t the claim. ..t forth in the following pag.., you mu.t take action promptly aft.r thi. P.tition, Ord.r .nd Notic. .r. ..rv.d, by app..ring p.r.onally or by attorn.y .t the h.aring .ch.dul.d by the Court .nd pr...nting to the Court your d.f.n... or objection. to the cl.im. ..t forth ag.in.t you. You are warn.d that if you fail to do .0 the Court may proce.d without you, and a judgment m.y b. .ntered again.t you by the Court without furth.r notice for any money cl.im.d in the p.tition or tor any other claim or relief r.quested by the pl.intiff. You m.y 10.. mon.y or property or oth.r right. important to you. .... AND CO.T. If the c... go.. to h.aring and the judge grant. a Protection Ord.r, a .urcharg. of $25.00 will b. .......d ag.in.t you. You may al.o b. requir.d to pay attorney f... to Legal S.rvic.., Inc. for th.ir r.pr...ntation of the plaintiff. You .bould take tbi. p.per to your laWJ.r at ooc.. If you do oot b.v. a laWJ.r or c.ooot .fford OD., go to or t.l.pboo. tb. offic. ..t fortb b.low to fiDd out wb.r. 'OU caD g.t 1.gal b.lp. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER. (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 Th. Court of Common Plea. ot Cumb.rland County is rsquired by law to comply with the Am.ricans with Di.abiliti.. Act of 1990. For information about acc.s.ibl. faciliti.s and reasonable accommodation. available to di.abl.d individuals having bu.ines. b.fore the court, pl.ase contact our offics. All arrang.ments must be mads at least 72 hour. prior to any hearing or bu.iness before ths court. You must attend the scheduled conference or h.aring. DIANE LYNN BUPP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95- CIVIL TERM LAWRENCE E. STORM, III, Defendant PROTECTION FROM ABUSE AND CUSTODY PITITIOM WOR PROTICTIOM oaDIR AMD CU'TODY RILIIW UKDIR THI PROTICTIOM PROK ABUS. ACT, 23 P... S '101 .t ..q. A. ABU.I 1. The plaintiff, DIANE LYNN BUPP, is an adult individual residing at 124 S. Second Street, Wormleysburg, Cumberland County, Pennsylvania 17043. 2. The defendant, LAWRENCE E. STORM, III, SSN: UNKNOWN and DOB: 1/10/60, is an adult individual residing at 1822 North 27th street, Harrisburg, Dauphin County, Pennsylvania, 17109. 3. The defendant has had an intimate relationship with the plaintiff. 5. Since approximately 1986, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, 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 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. On or about March 20, 1995, as the plaintiff removed a hot pizza from the oven, the defendant attempted to kick the pizza out of her hands and the plaintiff had to move to avoid being struck or burned. The defendant threatened to kill the mother and told the children who were present that they were going to a children's home because they wouldn't have a mommy anymore, causing the plaintiff to fear for her life. When the plaintiff tried to leave, the defendant blocked her exit with his body. When the plaintiff was able to get away, she left the residence with her children and stayed away from the residence for the evening. b. Since 1986, on approximately a bi-weekly basis, the defendant abused the plaintiff in ways including, but not limited to, the following: pushing, slapping, grabbing, restraining, and threatening the pl~intiff. The plaintiff has had a protection From Abuse Order against the defendant in the past. c. In or around February 1995, while the plaintiff and her five year old were asleep on the couch, the defendant slapped the plaintiff about the head approximately three times, and shouted obscenities at the plaintiff waking the child and causing the plaintiff to fear for her safety and that of her child. d. In or around October, 1994, the defendant threw food about the kitchen. The defendant then demanded that the plaintiff clean it up and pushed the plaintiff about the kitchen preventing her from leaving while threatening to kill her. 6. The plaintiff believes and therefore avers that ahe is in immediate and present danger of abuse from the defendant should she remain in the home without the defendant's exclusion, and that she is in need of protection from such abuse. 1. 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. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment or church. 10. 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. B. .KCLU8IVB P088188ION 11. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the names of DIANE BUPP and LAWRENCE STORM, III. 12. The plaintiff currently has no place to stay with her children except the home, and the defendant is currently staying with family and friends in the area. 13. The plaintiff desires possession of the apartment so as '. - - -'-' - "-,-'" ".- .. . . -.. . 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. c. ATTO..IY rl18 14. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. D. TDlI'ORUY CUSTODY 15. The plaintiff seeks temporary custOdy of the following children: IfMI I'r...nt ...id.nc. A9I Amanda Storm 124 S. Second Street 11 yrs. Wormleysburg, PA Laura Storm same addresss 10 yrs. Arlene storm same address 7 yrs. Lawrence storm, IV same address 5 yrs. The children were born out of wedlock. The children are presently in the custody of the plaintiff, DIANE LYNN BUPP, who resides at 124 S. Second street, Wormleysburg, PA. During the past five years, the children have resided with the following persons and at the following addresses: bU Addr..... oat.. plaintiff & defendant 124 S. Second st. Wormleysburg, PA 1990 - 3/20/95 plaintiff same address 3/20/95 - present The mother of the children is DIANE L. BUPP, currently residing at 124 S. Second street, wormleysburg, PA. She is single. The plaintiff currently resides with the following persons: bU Ralation.hiD daughter daughter daughter son AMANDA STORM LAURA STORM ARLENE STORM LAWRENCE STORM, IV The father of the children is LAWRENCE STORM, III, currently residing at 1822 N. 27th street, Harrisburg, PA. He is single. The defendant currently resides with the following persons: bU Ralation.hiD mother-in-law father-in-law PHYLISS FAY WILLIAM FAY 16. The plaintiff has previously participated in litigation concerning custody of the above mentioned children in a previous Protection Order. 17. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 18. 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. 19. 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 srt. WN., 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; 4, Prohibiting the defendant from entering the plaintiff's place of employment or church; 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 apartment located at 124 S. Second street, Wormleysburg, 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. 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. 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment or church. 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 apartment located at 124 S. Second street, Wormelysburg, Cumberland county, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. 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-payment of fees by the plaintiff, and that a certified copy of this Petition and Order be delivered to the West Shore Regional Police Department who has juriSdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUllT II CUSTODY UWO.. V."SYLVAMIA CUSTODY LAW 20. The allegations of Count I above are incorporated herein as if fully set forth. 21. The best interest and permanent welfare of the minor children will be served by confirming custody in the plaintiff as set forth in Paragraph 19 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, ( / ") ,.. . ;~L J'..J (i.~l/(.,'_, c / ~oan Carey, Attor y for Plaintiff LEGAL SERVICES, C. 8 Irvine Row CarliSle, PA 17013 (717) 243-9400 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1679 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY DIANE LYNN BUPP, Plaintiff LAWRENCE E. STORM, III, Defendant AND NOW, this PROTBCTIOM ORDBR ID1~ day of April, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, LAWRENCE E. STORM, III, is enjoined from physically abusing the plaintiff, DIANE LYNN BUPP, 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. 4. The defendant is prohibited from entering the plaintiff's place of employment or church. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 6. The defendant is excluded from the plaintiff's residence located at 124 S. Second Street, Worm1eysburg, Cumberland county, Pennsylvania, except for the limited purpose of transferring custody ~uring which times the defendant shall remain in his vehicle. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody during which times the defendant shall remain in his vehicle. B. The court costs and fees are waived. 9. 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. 10. This Order may subject the defendant to: i) arrest under 23 Pa. C,S. 56113; ii) a private criminal complaint under 23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 56114, 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. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order, 11. The West Shore 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 violation is v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-1679 CIVIL TERM DIANE LYNN BUPP, plaintiff LAWRENCE E. STORM, III, Defendant PROTECTION FROM ABUSE AND CUSTODY AND NOW, CU8TODY oaDla this -10 T~ day of April, 1995, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children, AMANDA, LAURA, ARLENE, and LAWRENCE STORM. 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 every Saturday from 10:00 a.m. until 7:00 p.m. and any other times which are 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. 5. 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 DIANE LYNN BUPP, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-1679 CIVIL TERM LAWRENCE E. STORM, III, Defendant PROTECTION FROM ABUSE AND CUSTODY COMSIMT AGRIIMIMT ~ This Agreement is entered on this 1;1' day of April, 1995, by the plaintiff, DIANE LYNN BUPP, and the defendant, LAWRENCE E. STORM, III. The plaintiff is represented by Joan carey of LEGAL SERVICES, INC.; the defendant 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, LAWRENCE E. STORM, III, agrees to refrain from abusing the plaintiff, DIANE LYNN BUPP, 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. 4. The defendant agrees not to enter the plaintiff's place of employment or church. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 6. The defendant agrees to stay away from the plaintiff's residence located at 124 S. Second street, Wormleysburg, Cumberland County, Pennsylvania, except for the limited purpose of transferring custody and will remain in his vehicle. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody and will remain in his vehicle. 8. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. 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. 10. The defendant understands that this Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 11. The defendant and the plaintiff agree to the entry of an Order providing for the fOllowing custody schedule for their children, AMANDA, LAURA, ARLENE, and LAWRENCE STORM. a. The mother shall have primary physical and legal custody of the children. b. The father shall have partial custody of the children every Saturday from 10:00 a.m. until 7:00 p.m, and any other times which are mutually agreed upon by the parties. c. The mother and father agree that each shall notify the 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. 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. . ~~---r/ Diane L. BUPP, Plaintiff ! Ct --'7.11((',' JJr..';('Cff Lawrence storm, III, Defendant , , i /1 !'1l-I',) L:- oan carey Attorney for Plat tiff LIOAL SIRVICIS, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400