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HomeMy WebLinkAbout95-02424 ~ \ ~~, ' ;;>,-:';,c..:_'.- " f:',"!'/~ l1:;~-r"-~" ~J; I ~:n" II ,......t. ',: . 'c,': >' "7:l n -:r (1) , -- BONNIE MEHAFFIE CLOUSER, Plaint iff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- 2424 CIVIL TERM RICHARD LEE CLOUSER, Defendant PROTECTION FROM ABUSE AND CUSTODY AND NOW, Q.~Qfi ~QNT l.NllMf!';!; this l}._ day of May, 1995, upon consideration of the attachsd Motion for continuance, the matter scheduled for hearing on May 15, 1995, at 11:00 a.m. by this Court's Order of May 5, 1995, is hereby reschedu I ed for hear i ng on June 26, t 995, at 1:30 p.m. in Courtroom No.3. This Order is entsred without prejudice to either party to request a hearing. The Temporary Protection Order will remain in effect for a period of one year or until a final Order is entered 1n thia caBe. Certified copies of this Order for Continuance will be provided to the West Fairview and West Shore Regional Police Departments by the plaintiff's attorney. By t he Court, , Judge (r ..' ! L" ~) "'..... <:to _'1 .., .( In ., .1 ~ ~ . . ~ " I ,J-: ~ II ~ i 't" i .-, ~ 11\:';': .r I' ,'; I. , I I !I. j f- h r Ilq I: !"'! if,' r ; '1.,111 i, I ~ 1 , . Ii ,\ i. '1'1 I, " J; I. ! , , , ~ -,\II . , "r' , I, " , . i ' ~ I ., II I 'I. ~~ < j .', I " I' . ; , , , !, , ~ + w j', 'ill d I" '! , , h. I,l , , ., ". '!\ " , , " rll , " I h , I. ':' ~ " I, II : , ." .....$ II i,' "1 d l'i I ~ "",' 1il- H-'I' , 111 'W ~ h ~ I -.il 11 I' i. j.: t Ii r~ IIi 11, ii." 'I;>';. t i '. i. t.! !'I', " \J'. I". i' ,I I,: .r,i ( Ll 1 , ,I I .. .1 ,:FhVFI I' , i I I" ,. I A'l :'ii ,. l- i. I " , .. 1.111 I1A ',' " , " , ,\ n. I j Hi f.i-. " . " , " " , ", ~ II:' I 1 t ! . f,,_'\'k. t ~', I ',' 1 i\! .\" 'll Ii t! jI- ..,; .7 r "'.r ., . , W' 'I I; -J; /.').1- (l I-'-' ~{ C}r- ,G )IL..(('~ . , , A.Y.''l'' . ~ . . INSTRUCTIONS TO THE DEFENDANT As you know, tht! plaintiff has flied a legal action against you under the Protection From Abuse Act IInd has obtained a Temporary Protection Order. The plaintiff is prepared to have a hearing held in order to ohtaln a final Protection Order effective for one (I) year. As nn alternativc, you may consent to the entry of the final Protection Order to be in effect :'.:.' ':.le year. If you arc willing to conscnt y~..., ..i,l cal1 Lcgal Servlccs, Inc. In Carllslc at 243-9400, 766-8475 from the West Shore or 530-5866 from Shlppensburg, and ask to speak to the staff person handling the case about a Consent Allreement. The C:Jnslli,. Agreement should be prepared before the time scheduled for the hearing so the COllrt will know ahead of time that the case will not be contested. In some cases, regardless of whether a settlement by Consent Agreement has been reached, the parties must appear In court at the time scheduled for hearing. If the C83e Is uncontested, the court appearance wUl be brief. The judge will make sure the parties understand the Consent Agreement and final Protection Order, If you do not agree to the entry of the final Protection Order, a contested hearing wUl take place at the scheduled time. When 8 final Protection Order Is entered, It will be sent or given to you, the plaintiff, and the IIppropriate pollce departments. If you fail to abide by the terms of the final Protectioll OrdFr you will be subject to immediate arrest, and a fine of $100.00 to $1,000.00 and/or a jail sentence of up to six months and other relief. fEES AND COSTS If the case goes to hearing f, -tj the JUdge grants a Protection Order, a Sl, rhargl1 of $25.00 will be assessed against you. \'bu may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. YOU SIIOUt.D TAKE ,,"S PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT /lAVE A I.AWYI!R OR CANNOT AFFORD ONE, 00 TO OR TELEPIIONE mE OFFICE SET FORTlI Bm,OW TO FINO OUT WIIERE YOII CAN GET LlmAL /lELP, COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND 'COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHoNE NUMBER: (717) 240-6200 BONNIE MEIIAFFIE CLOUSER, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-J'I.:I-/ CIVIL TERM RICHARD LEE CLOUSER, Dsfendant PROTECTION FROM ABUSE AND CUSTODY TEHPORARY PROTECTION ORDBR AND NOW, this .-t..;.... ~ - day of May, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, BONNIE MEHAFFIE CLOUSER, now residing at 96 Front Street, West Fairview, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, RICHARD LEE CLOUSER, the following Temporary Order is entered. The defendant, RICHARD LEE CLOUSER, SSN: UNKNOWN and OOB: 8/14/55, now residing at Oyster Mill Road, Camp Hill, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, BONNIE HEHAFFIE CLOUSER, or placing her in fear of abuse. The defsndant is excluded from the plaintiff's residence lucated at 96 Front Street, West Fairview, Cumberland County, Pennsylvania, a residence which was aquirsd by both parties after their marriage, and from which the defendant is ordered to stay away as condition of his bail. 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, except for the limited purpose of facilitating custody arrangements, The defendant is enjOined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entsring the plaintiff's place of employment. The defendant is enjoinsd from removing, damaging, destroying or selling any property owned jointlj hy 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. 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 provisions of the court order. This Order shall remain in effsct until modified or terminated by the Ccurt 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 ths plaintiff. Temporary custcdy of ANDREW CLOUSER, is hereby awarded to the plaintiff, BONNIE MEHAFFIE CLOUSER. This Order shall remain in effect until mcdified or terminated by the court after notice or hearing. A hearing shall be held on this matter on the ~ (>(. /1 - day of May, 1995, at //1'0 ,--- "..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 attsmpt 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 cffice 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 Fairview and West Shore Regional Police Departments will be provided with certified copies of this Order by the plaintiff's attorney. This Order shall be enfcrced 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 violaticn 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 1'.8. g 6113) . By the Court, TRUF C(IPY rllOM PECOnO . " '''1' ,I~l "1 'r, . t ,'~ \ ,-" " , ' , " d" , I. ,.' ,.' . '; .,. , . 'I ;.: ojI". -f" · I ,., ,,1,/ ".. t., '\.'1 /'" '\1" II ht,/. "~,I "', ....J:__)" .,;.... .. '(",. / " .", ''1 . ~.'-;L___\.. ___.uL^ _.- f~.~ . r --'-' PfoIlH'1lrJ1Af'l / -I... f'LtLl..l..L2k..,,~~" JUdOe BONNIE MEHAFFIE CLOUSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 95- CIVIL TERM RICHARD LEE CLOUSER, Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICR You have been sued in court, I f you wish to defend against the claims set forth in the fOllowing pages, you must take 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 ths plaintiff. You may lose money or property or other rights important to you. FBIB AltD 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 fee. 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 gst legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TBLEPIIONB NUMBER: (717) 240-6200 Ml/!;H1 CMHl WlTll L!l~MIlI.ITlIUI ACT. Qf 199Q The Court of common Plea. of Cumberland County Is reqUired by l.w to comply with the American. With DIsabilitiea Act of 1990, For information about aceeaaible facllitie. and reasonable accommodatione available to dlaabled Individuals having hualne.. before the court, please contact our offlc~, All atrangsmenta muat be made at least 12 hours prior to any hearing or bUllnesl before the court, You muet attend the Icheduled conference or hearing. BONNIE MEHAFFIE CLOUSBR, Plaintiff IN THB COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PBNNSYLVANIA v, NO. 95- CIVIL TERM RICHARD LBB CLOUSER, Defendant PROTECTION FROM ABUSB AND CUSTODY PBTITION POR PROTICTION ORDBR AND CYiTtWy RBLIBF UNDBR THB PROTBCTION PROM ABUSB ACT, 23 P.S. 0 6101 et seq. A. ABUSI 1. The plaintiff, BONNIE MEHAFFIB CLOUSBR, is an adult individual residing at 96 Front Street, West Fairview, Cumberland County, Pennsylvania 17025, 2. The defendant, RICHARD LEE CLOUSER, S8NI UNKNOWN and DOBI 8/14/55, is an adult individual residing at Oyster Hill Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3, The defendant is the husband of the plaintiff. 4. Since approximately 1991, the defendant has attsmpted to cause and hee intentionally, knowingly, or reck1eslly caused bodily injury to the plaintiff or hes placed the plaintiff in reasonable fear of imminent serious bodily injury, or has repeatedly committed acts toward the plaintiff without proper authorization under circumstances which have placed the plaintiff in reasonable feu of bodily injury. This has included, but is not limited to, the following specifiC instances of abuse: a. On or abouI Aptll 23, 199!l, the defendenl became allyty, urabbed Ihe plalnllff hy Ihe wrists twieling thum hahl/Hl hlH, 111111 l'uBhed hilt aCtOllfl the liVing room intu 11111 11itlllllJ loom whll\< Y8111111/ al hilt. The plaintiff struggled to get free and was hit in the face, causing it to become red and swollen. The plaintiff telephoned the police who arrested the defendant for simple assault, and as a condition of bail, the defendant may not come to the plaintiff's residence or have contact with her, b. In or around the summer of 1994, the defendant became angry, grabbed a fan and threw it across the room breaking it. The defendant then grabbed the plaintiff by her wrists, twisted them behind her, and pushed her backwards forcing her out of the room. c. In or around the Spring of 1994, the defendant grabbed the plaintiff by the wrists, twisted them behind her back and pushed her back over a sink. d, In or around fall 1991, the defendant threw a rsmote control at the plaintiff hitting her in the arm and wrist, cau.ing a large and painful bruise. The plaintiff received x-rays at Polyclinic Hospital. ~, The plaintiff believes and therefore avers that she is In Immediate and pre.ent danger of abuse from the defendant .hould IIhe remllln In the homB without th. defendant's eKclulllon, and I hal IIh. III III nBBI' of I'l ()181~t 1011 Irom lIuch abuse, 6. The plaintiff d.Slles that Ih. defendant be prohibited from havlnu any lllllld 01 IIII\lHll'l cont,lct with the p1alntlff lne1l1dlllll, t.llt not llmill.\to. t.lel.hlHI" iJnd WtlltBn clln,mllllll'dllonil, ..XI'II" tOI tli.. Ilmllllll I'lIll'Olle of tllcl11tallng custody arrangements. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be reHtrained from entering her place of employment. 9. The plaintiff desires that the defendant be enjoined frcm removing, damaging, destroYing or selling any property owned jOintly by the parties or owned solely by the plaintiff. B. RXCLUSIVR POSSRSSION 10. The home from which the plaintiff is aSking the Court to exclude the defendant is OWned in the name of Richard Clouser but was aquired during the marriage, and the defendant has been ordered to stay away from the residencs as a condition of bail. 11. The plaintiff currently has no place to stay with her child except the marital home, and the defendant has family and friends in the area with whom he can stay. 12. The plaintiff desires possession of the home so as to give the greatest degree of continuity to the life cf the child and to allow him to continue his education at his school and to continue his school and social activities, C. SUPPORT 13. The defendant has a duty to support the plaintiff and the minor child, 14. The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance .."""'~ Coverage, payment of unreimbursed medical expenses for the plaintiff and the child, the mortgage payment on the residence at 96 Front Street, West Fairview, Cumberland County, PennsYlvania. 15. The defendant is smployed at Tethys Geological Services, and the plaintiff is unaware of his salary. 16. The plaintiff currently has a minimal income and is insufficient to provide for her minimal needs and those of the child until such time as a SUPPort ordsr can be obtained by filing at the Domestic Relations Office. 17. The plaintiff intends to petition for Support within two Weeks of the issuance of a protective order. D. ATTORNEY PEEQ lB. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. I, TEMPORARy CUBTOD~ 19. The plaintiff seeks temporary custody of the following child: by iresent Residenc~ 96 Front Street West Fairview, PA 7 yrs. ANDREW BRITON CLOUSER &u The child was not not born out of wedlock, The child is presently in the cUstody of the plaintiff who resides at 96 Front Street, West Fairview, Pennsylvania. During the past five years, the child has reSIded with the fOllowing persons and at the [alloWing addresses: child 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 child. b. The defendant has 3hown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. g 6101 it ~. / 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 contsct with the plaintiff including, but not limited tOt telephone and written ccmmunications, except to facilitate custody arrangements; 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; 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 home located at 96 Front street, West Fairview, Cumberland County, Pennsylvania, to the plaintiff tc 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 miner child 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 defsndant 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, except to facilitate custody arrangsments. 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, 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 cf the home located at 96 Front Street, West Pairview, Cumbsrland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from any residsnce the plaintiff may in the future establish for herself. 8. Granting support to the plaintiff and the minor child in an appropriate amount according to the support guidelines payable to the plaintiff in the form of a check or money order, mailed to her residence, and ordering the defendant to provide health coverage to the spouse and minor child, directing the defendant to pay all of the unreimbursed medical expenses of the plaintiff and minor child of defendant to the providsr or to the plaintiff when she has paid for the medical treatment and directing the defendant to make or continue to make rent or mortgags payments on the residence of the plaintiff, 9. 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 copies of this Petition and Order be delivered to the West Fairview and West Shore Regional Police Departments 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 24. The allegations cf Count I above are incorporated herein as if fully set forth. 25. The best interest and permanent welfare of the minor child will be ssrved by confirming custody in the plaintiff as set forth in Paragraph 23 of the Petition. WHBREFORE, pursuant to 23 P.S, 6 5301 At ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays fer such other relief as may be just and proper. Respectfully submitted, .~J~'~L- . Joan Carey, At to Y for Plaintiff 'LBGAL SBRVICBS, ItC. 8 Irvine Rcw Carlisle, PA 17013 (717) 243-9400 BONNIE MEIIAn'IE CLOUSER, Plalntif f IN TilE COUHT OF COMMON PLEA6 OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 95-,N~'fCIVII. TERM PROTECTION FROM ABUSE AND CUSTODY RICHARD LEE CLOUSER, Defendant AND NOW, this TRHPoR^"Y P"OTRcTIO" ONDIR S1' day of May, 1995, upon presentation and conslderation of the within Pslition, and upon finding that the plaintiff, BONNIE MEIIAFFIE CLOUSER, now residing at 96 Front Street, West Fairview, Cumberland County, PennBylvania, is in immediate and preBenl danger of abuse from the defendant, RICHARD LEE CLOUSER, the following Temporary Order is entered. The dsfendant, RICHARD LEE CLOUSER, SSN: UNKNOWN and DOB: 8'14/55, now residing at Oyster Mill Road, Camp lIill, Cumberland County, Pennsylvania, Is hefeby enjOined from physlcally abusing the plainliff, BONNIE HEHAFFIE CLOUSER, or placing her in fsar of abuse. The defendant 18 excluded from lhe plalllliff'e residence located al 96 Front Street, West Falrvlaw, Cumberland County, Pennsylvania, a residence which was aqulred hy bolh partisl after then marrlalle, an<1 flom whlrh Ihe detellllanl lB or<lered lo Illay away all eondl 11011 01 his hill I. The IlelelHlillll I" lJlIl'uHIl to rellillll IlllI" havllll.l allY dlrllel 01 111I111"et <,olltact willi tli.. plaint Iff 1111'111,111111, hul nol limited 10, Ill)Hl>hlJlIB an<1 wlllIHII l'lJIIIJlIIIIII<'illl11llH, eXI'"pt Illl tha Ilmlte(l I'IIII'OHH of IIII'IIIliltllllJ l'U61,)(ly "" "lI'J"IIlIHlI H. Tllft ",,1811,111111 I.. ""1"111"" IIOIll hill"HHIrIlJ ",,,I ..llIlkllllJ llill plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removlng, damaging, destroying 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. 66113; ii) a private criminal complaint under 23 Pa. C.B. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.B. 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.B. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in 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 anothsr act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of ANDREW CLOUSER, is hereby awarded to the plaintiff, BONNIE MEHAFFIE CLOUSER, 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 ,r day of May, 1995, at .;' .:. ,m" in Courtroom No, ,Cumberland Count.y Courthouse, Carlisle, PennsylvanIa. NO . 95- CIVIL TERM BONNIE MEIIAFFIE CLOUSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMIlERLAND COUNTY, PENNSYLVANIA v, RICHARD LEE CLOUSER, Dsfendant PROTECTION FROM ABUSE AND CUSTODY " 0 TIC B You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take 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, nIl! AftPG9!!T6 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 ^M~~ICANS WITII DIBABILITIRS ACT OF 1990 The Court of ~ornmon Pleas of Cumberland County IS required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities snd ressonable accommodations available to disabled Individuals haVIng busineas before the court, please contact our off I~lt. All ill rangements must be made at least 72 hours prior to sny hearing ur bUBlne8B befure the court, You must attend the scheduled conference or hesrlng. BONNIE MEHAFFIE CLOUSER, Plaintif f IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEE CLOUSER, Defendant NO. 95- CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY PJTITIOn fOR. PROTRCTIQ" QRvlN him CUllroDY RRLIRF UNDRR THR PROTRCTION FROM ABU8R ACT, 23 1'.8. 0 6101 et aeq. 1\, ADIH1B 1, The plaintiff, BONNIE MEHAFFIE CLOUSER, ia an adult individual residing at 96 Front Street, West Fairview, Cumberland County, Pennsylvania 17025, 2, The defendant, RICHARD LEE CLOUSER, SSN: UNKNOWN and OOB: 8/14/55, is an adult individual residing at Oyster Mill Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The defendant ia the husband of the plaintiff, 4. Since approximately 1991, 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 tnjury, or has repeatedly committed acts toward the plaintiff without proper authorization undsr Cltcumstallcss whIch have placed the platntiff in reasonahle feal 01 IHHl1ly inJluy. This hall Included, but is not limited to, the lullowlng spltelll" tllstalw8a 01 abuafJ: a, On 01 about AplII 1'1, )ll'lh. tlll! defendant hecame IInIIlY, \1la"".,,1 the l>lillnlltl by Ihe WIIsts tWllltllly them "8hllll' h"l, iHI11 l"lsh,," h.., 1l1'IOBA tha ItvllllJ 100/11 1,,10 'l'll '1111111'1 ""JIII whll.. y..lllrll} fit It". 1'ho plaintiff struggled to get free and was hit in the face, cauBing it to become red and Bwollen. The plaintiff telephone1 the police who arrested the defendant for Bimple aSBault, and aB a condition of bail, the defendant may not come to the plaintiff's residence or have contact with her. b. In or around the summer of 1994, the defendant became angry, grabbed a fan and threw it acrOBB the room breaking it, The defendant then grabbed the plaintiff by her wristB, twisted them behind her, and pushed her backwardB forcing her out of the room. c. I n or around the spr ing of 1994, the defendant grabbed the plaintiff by the wristB, twisted them behind her back and pushed her back over a sink. d. In or around fall 1991, the defendant threw a remote control at the plaintiff hitting her in the arm and wriBt, causing a large and painful bruise. The plaintiff received x-rays at Polyclinic Hospital, 5, Ths plaintiff believes and therefore avers that Bhe is in immediate and present danger of abuse from the defendant should she remain in the homo without the defendant's exclusion, IInd thllt aile 18 in neeo of prole(~UOII from 8uch abu8e. 6, The I'lllintiff deslre8 that the defelldant be prohibited from having any <lllacl or illllirlwl "cJlIlllct with the plllintiff includiny. hul not 1llIIlte,1 to. le)ephone ilnd wrtllen "ommunlcallon8, 8XI'Opt tor the 11111Itl") purpoao of fllcllllatirlll custody arrangements. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, 8. The plaintiff desires that the defendant be restrained from entering her place of employment, 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, >> ,-.Bl{C('!1IH~'!LPOIU!lH!!HO" 10. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the name of Richard Clouser but was aquired during the marriage, and the defendant has been ordered to stay away from the residence as a condition of bail. 11. The plaintiff currently has no place to stay with her child except the marital home, and the defendant has family and friends in the area with whom he can stay, 12, The plaintiff desires possession of the home so as to give the greatest degree of continuity to the life of the child and to allow him to continue his education at his school and to continue his school and social activities, C. IHlPPORT 13. The defendant has a duty to sUIPort the plaintiff and the minor child, 14, The plaintiff IS In need of financial support from the de fondant including, but not limited to: health Insurance coverage, payment of unreimbursed medical expsnses for the plaintiff and the child, the mortgage payment on the residence at 96 Front street, West Fairview, Cumberland County, Pennsylvania. 15. The defendant is employed at Tethys Geological Services, and the plaintiff is unaware of his salary. 16. The plaintiff currently has a minimal income and is insufficient to provide for her minimal needs and those of the child until such time as a support order can be obtained by filing at the Domestic Relations Office. 17, Ths plaintiff intends to petition for support within two weeks of the issuance of a protective order. DL- ATTORNBY PB!6 lB. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. ~7BHPO~Y CUSTODY 19. The plaintiff seeks temporary custOdy of the following child I IIIu ANDREW BRITON CLOUSER ~DAL.Rn1!lDJW!! ^gB 96 Front Street West Fairview, PA The child was not not born out of wedlock. 7 yrs. The child is presently in the custody of the plaintiff who resides at 96 Front Street, West Fairview, Pennsylvania, During the past five years, the child has resided with the following persons and at the follOWing addresses: bU plaintiff & defendant Addresse. 96 Front Street West Fairview, pA Dates 1990 - 4/23/95 plaintiff same location 4/23/95 - present The mother of the child is BONNIE HEHAFFIE CLOUSER, currently residing at 96 Front Street, West Fairview. She is married. The plaintiff currently resides with the following persons: ~ ANDREW CLOUSER ll!llationshll1 son The father of the child is RICHARD LEE CLOUSER, currently residing at Oyster Hill Road, Camp Hill, Pennsylvania, He is married. The defendant currently resides with the following persons I ~1Ill!. Phillip Replogal ful1.ationship friend 20. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 21, The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction, 22. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 23, The best interests and permanent welfare of the minor child 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 child. b. The defendant has shown by his abuse cf the plaintiff that he is not an appropriats role model for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7,1976,23 P.S, Ii 6101 !!.t ~g., 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, except to facilitate custody arrangements; 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: 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 home located at 96 Front Street, West Fairview, Cumberland County, Psnnsylvania, to ths plaintiff to the exclusion of the defendant pending a final ordsr 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 ths minor child to the plaintiff; B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an crder to be in effsct 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, except to facilitate custody arrangsments, 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatlves. 4. Prohlhitlny the defendant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jcintly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the home located at 96 Front Street, West Fairview, 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. B. Granting support to the plaintiff and the minor ~hild in an appropriate amount according to the support guidelines payable to the plaintiff in the fcrm of a check or money order, mailed to her residence, and ordering the dsfendant to provide health coverage to the spouse and minor child, directing the defendant to pay all of the unreimbursed medical expenses of the plaintiff and minor child of defendant to the provider or to the plaintiff when she has paid for the medical treatment and directing the defendant to make or continue to make rent or mortgage payments on the residence of the plaintiff. 9, 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 copies of this Petition and Order be delivered to the West Fairview and West Shore Regional Police Departments who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II !;'!lID'ODLIDtmULl'BIOOll'L V AN IA...cJmtQ>>L~W 24. The allegations of Count I above are incorporated herein as if fully set forth. 25. Ths best interest and permanent welfare of the miner child will be served by confirming custody in the plaintiff as set forth in Paragraph 23 of the Petition. WHBRBFORB, pursuant to 23 1'.8. ~ 5301 et ~~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, i ,') .' , l' , ~ . ,.'- / ::c':"1_~~~_L:I::.~. / ____.. osn Carey, Atto Y for LBGAL SBRVICBS, NC. S IrvIne Row Carlisle, PA 17013 (717) 243-9400 Plaintiff Thl' IIhllve--lIilllll'tll'llIilltifl. IIllllnil' Ml'hllffil' ,'lllllser. \'l'rilil's lhllt lhl' SllIlellll'lIt, 11I11 tI l' ill the 1111111'1' I'el il illll lire Irue 111111 <:orrel'I, !'fllillt iff IIlItI"I',luIIII" lhut fill", 'I IIll'lIIellt" hl'rein lire III/IIle SlIhjl'l'l III Ihl' !,('lllIllil'S ,II IH l'iI, c'.S, ~.I'I(J4. reflllillg tll unSWllrn I'll" if i ,'111 i 1111 III 11111 hllr i I il"" Dllt" :1.j/r:;~ ~ lIonll i l' Jl~ " 1111 Sl' I. 1'111 i n I if r ,., '< J~ In I) '-7'- ~ 1;1'. ~ lri ;.:s on l ~ '-:5' ~ } BONNIE MEHAFFIE CLOUSER, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-2424 CIVIL TERM RICIIARD LEE CLOUSER, Defendant PROTECTION FROM ABUSE AND CUSTODY AND NOW, ~QTBCTIO" ORDIE this lcl-H' day of June, 1995, upon consideration of the testimony presented before this Court, the following is ordered: 1. The defendant, RICIIARD LEE CLOUSER, SS: UNKNOWN and DOB: 8/14/55, is enjoined from physically abusing the plaintiff, BONNIB MBHAFFIB CLOUSER, or from placing her in fear of abuse. 2. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 3. The defendant is prohibited from entering the plaintiff's place of employment. 4. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself other than the marital residence, except for the limited purpose of tranSferring custody during which times the defendant shall remain in his vehicle, 5, 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 baa committed another act of abuse or has BONNIE MEHAFFIE CLOUSER, Plointi ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 95-2424 CIVIL TERM PROTECTION FROM ABUSE VS RICHARD LEE CLOUSER, lJefendant INJIE:. _PROTEC TlillLEROI'LARUSf ORDER ,OLtlllJRT AND NOW, June 26, 1995. 2:30 p.m., we do find that past abuse has been committed sufficient to enter an Order prohibiting such. However, we do not feel that the abuse rises to the level of excluding the defendant from the household. So we direct plaintiff's counsel to prepare us an appropriate Order. in line with what I have indicated my findings are going to be. and present it to the Court for signature later today, By the Court. __~_ t_ r, J, ~ r--> u:> Philip Briganti, Esquire Legal Services, Inc. For the Plaintiff Poul J, Helvy. ESQu1re For the Defendant :mtf l/I .... -0 0: ~'t... (~~ fc/~qlys ..g. 5J . , , - tR