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HomeMy WebLinkAbout95-01751 -.":: , j '~;. ' L. Q) c ~ .-.,'_.-- l.. Q) c ~ ::r , ... ~ J - Lf) r " ' I l() a- , ,( 01 z v, API( _ 'I IIIYJ : IN THE COURT OF COMMON PLEAS OF t't"'/ : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : PROTECTION FROM ABUSE : AND CUSTODY ANGELA L. HARNER, Plaintiff DANmL M. HARNER, Defendant : NO. 95-17.1/ CIVIL TERM TEMPORARY PROTECTIVE ORDER . ~ ,.1 . ':> AND NOW, this ~ day of (\ \'g 'L_, 1995 at 1.,;jvrh., upon presentation and consideration of the within Petition, and upon finding that plaintiff, Angela A, Hamer, residing in Camp Hill, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from defendant, Daniel M. Hamer, the following Temporary Order is entered. Defendant, Daniel M. Hamer, is hereby enjoined from abusing plaintiff, Angela L. Hamer, either personally or through his agents. Temporary custody of Damian M. Hamer, is hereby awarded to plaintiff, Angela L. Hamer, This Order shall remain in effect until pending further order of the court. You, Daniel M. Harner, defendant, have been sued in court to obtain custody of the child, You are ordered to appear in person at the scheduled hearing held on this matter on the jp;t/J day of (l.fJA;'~J, 1995 at3: 00 l m. in Courtroom No,1. Plaintiff may proceed in forma pauperis pending a further order after the hearing. Service of certified copy of the Petition and this Order shall be provided by the Sheriff of Cumberland County. The Police Department of East Pennsboro will be provided a copy of this Order by attorney for plaintiff, and is directed to enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or nOI the violation is committed in the presence of the police officer, 23 Pa.C.S. fi6113. In the event that an arrest is made under this section, the defendant shall not be taken to jail but shall be taken without necessary delay before the Court that issued the Order. By the Court, \,\CU<4 f ' ~ \ J In- ,t' em,) "/J, 1-Ie-55;, ..r aPB S 2 18 PH '95 Of f,U'.l'.;r h:; I', 'I,: r:'-;~ ';,;:; ~ '; 1ft.)" , , ,it f:-. ',:r.. . ANGELA L. HARNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : PROTECTION FROM ABUSE : AND CUSTODY v. DANIEL M. HARNER, Defendant : NO, 95- CIVIL TERM PETITION FOR TEMPORARY PROTECTIVE ORDER AND CUSTODY The petition of Angela L. Hamer respectfully represents as follows: COUNT I. PROTECTION FROM ABUSE 1. Plaintiff is an adult individual who is residing at 5A West Glennwood Drive, Camp Hill. Cumberland County, Pennsylvania 17011. 2, Defendant is an adult individual who is residing at 266 Louther Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Plaintiff and Defendant are married, but separated March 28, 1995, 4. Plaintiff and Defendant are the natural parents of Damian M. Hamer, born, April 4, 1990, 5. Over the course of their relationship, Defendant has attempted to cause and has intentionally, knowingly, and recklessly caused bodily injury to Plaintiff. This has included but is not limited to the following instances of abuse. 6. On March 18, 1995, while the Plaintiff was asleep, the Defendant became enraged and struck the Plaintiff on the back of her head because the family dog had chewed up his shoe, 7. At numerous times during the past twelve months, Defendant has abused and beaten the Plaintiff. This includes at least three (3) times during the month of March, 1995. On each occassion, Defendant slapped. struck, pushed, shoved, and/or knocked the Plaintiff against a wall. S, The abuses described above frequently occurred in connection with the Defendant's gambling losses. 9. Sometime in the week of March 13, 1995 and at several different times during the marriage, Defendant threatened the Plaintiff that he would kill her if she ever left him. Defendant stated that he would "do an 0.1." on the Plaintiff and then kill himself. Plaintiff believes that Defendant was refering to the murder trial of O,J. Simpson, where Nicole Simpson was murdered by having her throat slashed, 10, Plaintiff is separated from the Defendant, and intends to file for a divorce. 11. Plaintiff believes and therefore avers that she is and will be in immediate and present danger of serious abuse from Defendant and that she is in need of protection from abuse. WHEREFORE, pursuant to the provisions of the "Protection From Abuse Act" 23 Pa,C,S. ~6101 et seq., plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection From Abuse Act" requiring the Defendant to refrain from abusing the Plaintiff, either personally or through his agents, and B. Schedule a hearing in accordance with the provisions of the "Protection From Abuse Act", and C. After such hearing, enter an order against the Defendant, to be in effect for one year, as follows: I) Directing the Defendant to refrain from abusing the Plaintiff or minor child. 2) Prohibiting the Defendant from having any contact with the Plaintiff, except for the purpose of exchanging custody of the child including, but not limited to, restraining the Defendant from entering the place of employment or business of the Plaintiff and from harassing the plaintiff or plaintiffs relatives and friends or minor children, COUNT II. IN FORMA PAUPERIS 12. The allegations in paragraphs one through eleven are incorporated herein by reference. 13, Plaintiff does not have funds available to pay the costs of filing and service, WHEREFORE, plaintiff prays that the petition be filed and service shall be made without payment of costs per 23 Pa,C.S. fi6106(b). COUNT III. CUSTODY 14. The allegations in paragraphs one through thirteen are incorporated herein by reference. 15. Plaintiff seeks primary legal and physical custody of the following child: ~ Address ~ Damian M. Harner SA West Glennwood Dr" Camp Hill, PA 5 yrs, The child was born out of wedlock. The child is presently in the custody of Angela L. Harner, who resides at SA West G1eMwood Drive, Camp Hill, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Names Address ~ Angela L, & Daniel M. Harner & Cynthia Rubright (Grandmother) SA West Glennwood Drive Camp Hill, PA 17011 April 4. 1990- Jan. 1993 Angela L, & Daniel M, Harner 266 Louther Street Jan. 1993 . Lemoyne. PA 17043 June 1993 Angela L. Harner & SA West GleMwood Drive June 1993 . Cynthia Rubright (Grandmother) Camp Hill, PA 17011 Dee, 1993 Angela L. & Daniel M, Harner 266 Louther Street Dee, 1993 . Lemoyne, PA 17043 March 28. 1995 Angela L. Harner & SA West GleMwood Drive March 28, 1995 - Cynthia Rubright (Grandmother) Camp Hill, PA 17011 Present The mother of the child is Angela L, Harner, currently residing at SA West GleMwood Drive, Camp Hill, Cumberland County, Pennsylvania. She is separated, The father of the child is Daniel M. Harner, currently residing at 266 Louther Street, Lemoyne, Cumberland County. Pennsylvania. He is separated, 16. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the fOllowing persons: ~ Relationship Cynthia & David Rubright Mother & Stepfather 17. The relationship of defendant to the child is that of father, The defendant currently resides with the following persons: ~ Relationship N/A 18. Plaintiff has participated as a party in an action concerning the custody of the child in this court, That action was No. 3456 Civil 1992. Joint physical and legal custody was agreed upon in that action. Plaintiff has no infonnation of any custody proceeding concerning the child pending in a court of this Commonwealth, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. The best interest and pennanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the child since birth; b) Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) Plaintiff is willing to accept custody of the child; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child, 20. Each parent whose parental rights to the child have not been tenninated and the person who has physical custody of the child have been named as parties to this action. SHERIFF'S RETURN CASE NO: 1995-01751 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANGELA L. HARNER VS. DANIEL 11. HARNER WESLEY COOK . Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says. that he served the within PROTECTION FROM ABUSE upon HARNER DANIEL M the defendant, at 1709100 HOURS. on the ~ day of ADril 19~ at 3820 TRINDLE ROAD MUMMA ELECTRIC CAI1P HILL. PA 17011 . CUMBERLAND County, Pennsylvania, by handing to DANIEL M. HARNER a true and attested copy of the PROTECTION FROM ABUSE and at the same time directing ~ attention to the contents thereof. " Sheriff's Costs I Docketing Service Affidavit Surcharge So answers: ~' /~' ?,~'{,2~-:;.-e''''''-<: //--:~~":"'.4 1 ......':"....v""- ~ 1~- R. Thomas K11ne. ~heriff 18.00 8.40 .00 .00 $26.41O 00/00/0000 by P4f~~~ ej:! y er1 Sworn and subscribed to before me this /2 ~ day of ~ 19 r;~ A.D. n .. ~ r:J 'YI-t,o~. I lOn7.., ~ 1'rO(honot.al'Y 7 Date:~ _ ('I~hl )77J Ad- J, " .. 7. Plaintiff and defendant intend to be legally bound by this document and to have it entered as an order of court. ~ Daniel M. Harner Defendant V Patrick W. Qui Certified Legal ~M 2. B~ Robert E. Rains Thomas M. Place Linda E, Fisher Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 Approved and Entered as an Order of Court. , ANGELA L. HARNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : PROTECTION FROM ABUSE, : CUSTODY v. DANIEL M. HARNER, Defendant : NO. 95-1751 CIVIL TERM CERTIFICATE OF SERVICE I, Patrick W. Quinn, Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy of said Consent Agreement on Daniel Harner, residing at 266 Louther Street, Lemoyne, Cumberland County, Pennsylvania, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid, this 19th day of April, 1995. ~"""'''''_0'_~_','~''''''''''''. ,.0_._, Patrick W. 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