HomeMy WebLinkAbout95-02577
0/110 llll: couch and told her 10 sit down. When the plalntiffjumllCd over Ihc bllck
of the couch IInd Irled to run from the room, the defendant blocked the doorwllY,
The plaintiff rllI1 to her son's roo III , telephoned 911, Ilnd asked the pollcc to
coml!. As the 1)lulntlff and her son tried to ICllvl! the house, Ihe defend(lI1t
grabbed the pluintiff's 14 yellr old son hy hili hair, Jerked the hoy loward him,
und continued to hold the boy by his hair despite his ple.as to let him go, The
defendant grubbed the plaintiff by her Jacket, held onto her liS she tried to get out
of the house, held the plaintiff In II headlock, threw her to the ground, llnd held
her down, The Camp Hill and West Shore Police arrived und cited the defendant
ror harussment. The plulnliff and her son left the residence 10 llvoid further
abuse. The plaintiff sought mediclllallenlionllt Holy Spirit Hospitul for injuries
she sustained to her neck as II result of this Incident.
b) On or aboul May 5, 1995, the defendant became angry, lhrew household
objects Ilbout, and yelled at the plaintiff. The plaintiff fean:d for her slIfety,
c) Since Decelllber, 1994, Ilpproximlltely every two months the defendllnt
pounded on the plaintiff's locked bedrool1l door and threatened her saying,
"You're lucky I can't get in that room," The plaintiff fears for her safety.
d) On or about December II, 1993, when the defendant pushed the plaintiff
down on the couch, she ran oUlside and got Into the truck fearing that he would
harm her. The defendant followed the plaintiff, opened Ihe vehicle door, picked
up a coffee mug, and drew back his arm threatening to throw the mug at her,
The plainllff ran frolll the truck and sought help from a neighbor.
0) In or IIbout the MJlnnu:r of Il)l){), the defl!ndalll slaPllCd the plaintiff
repeall!dly about her hClId, fllcc and upper body while stmddllng her on the
couch,
5. On or about May 7, 19lj!'i, the plalnliff and hcr mimII' child Ie" their resldcnce
at 322 Beverly Road, Camp Hill, Cumherland County, Pennsylvania, in order to avoid furlher
abuse,
6, The plaintiff bellcves IlIld therefore avers thai she and the minor child are in
Immediatc and present danger of abuse from the defendant should they return to the home
wllhoutthe defendant's exclusion and thllt they are in need of protection from such abuse.
7. The plaintiff desires that the defendant be prohibited from having Ilny dirccl or
Indirect contact with the plaintiff or the minor child Including, but not limited to, telephone and
wrhten communiclltlons.
8. The plaintiff desires thai the defendllnt be enjoined from harassing and stalking
Ihe plalnliff and her minor child.
9. The plaintiff desires thai the defendant be restrained from r.nterlng her place of
employment or school or the school of her minor child.
10. The plaintiff desires that the defendant be enjoined from removing, damaging,
destroying or selling any property owned jointly by the panics or owned solely by Ihe plaintiff.
B. EXCLUSIVE POSSESSION
11. The home from which the plainliff is asking the Court to exclude the defendant
Is mortgaged In the names of Jean M. Covaleskland Joseph F. Covaleskl.
12. The plaintiff currently has no place to stay with her child exceplthe marital home,
and Ihl! dl!fend~nt has fllllllly Ilnd friends In the area with WhllJll hI: can &lay,
13, The pllllntlff de51rus Ilosscullln uf Ihe home SIl liS lu give thl! greale51 dllgree! of
continuity 10 Ihe IIfllufthe child and loallllw hlllllu cllntlnue his educlltlun al his IiChuol alld
10 conllnue his IiChooland sllehllactlvltles,
14. The plaintiff desircs the defendant tllllrovlde sullllhle allernate housing for hl!r and
her minor child,
Co SUllllQRT
15. The defendant ha5 a duty to suppurlthe plaintiff,
16. The plaintiff Is innecd of n'lIIndal support from the defendant inCluding, bUI nol
limited to: health Insurance covemge, IlIlYIllCIll uf unrelmbursed mcdical expenses for the
plaintiff, the Illortglllle Illlymcnl on the residence al 322 Beverly Road. Clllllp Hili, Cumberland
County, Pennsylvania.
17. The defendant is employed Ilt the U.S. Post Office at Crooked HIli ROlld In
Harrisburg, and has annual salllry of approximately $37,000.
18, The plalntlfrs Income Is insufficient 10 provldc for her ll1irllllal needs until sur.h
time as a support order can be obtained by filing al the DOlllesllc Relations Office.
19, The plaintiff inlends to petition for support within two weeks of the Issulll1ce of
a protective order.
D. ATTORNEY I;EI-:05
20, The plaintiff asks thai the defendlll11 be ordered 10 pay reasonable allorney fees
to Legal Services, Inc.
WH\!Rl!FOI~E, pursullnttu Ihe pruvisions uf the" I)rolecllon from Abuse Act" of October
7, 1976,2.1 P,S, ~ 6101 ~1 ~., as amended, the pllllntlffprays Ihls Honorable Court to grant
lite following relief:
A, Orantll Temporary Order pursuant tu the "Protection from Abuse Act:"
I. Ordering the defendant to refrain from abusing the plaintiff and/or
the plaintiff's minor child lind/or placing them In fear of abuse;
2, Ordering the defendllnt to refrain frolll 11Ilvlng Ilny direct or
indirect contact with the plaintiff or Ihe plaintiff's minor child Including,
bUI nOlllmited to, telephone And wrillen cOlllmuniclltlons;
3. Ordering the defendAnt to refrain frum hllrllssing Ilnd stalking Ihe
plaintiff and Ihe plaintiff's minor child;
4, Prohibiting the defendanl from entering the plaintiff's place of
employment or school and the school of the plaintiff's minor child:
5, Prohibiting the defendant frolll removing, damaging, destroying or
selling property jointly owned by the pllrlles or owned solely by the
plaintiff:
6. Granting JIOssession of the marital home lOCAted at 322 Beverly
Road, Camp Hili, Cumberland County, Pennsylvania, 10 the pla.intlff to
the exclusion of the defendant pending a final order In this matter;
7, Ordering the defendanl to stay away from any residence the
plaintiff may In the future establish for herself;
8. Ordering the defendanlto provide suitable alternate housing for the
plalntlfr~
Q, Schl!dulc a hcaring In accordancl! with the Ilrovi~lons or the "l)rotectlon from
AbulIC ACI," lind, IInl!r such hearing, enter an order to hc In cffect for allerlod of one year:
I, Orderlnllthe dl~fendunt to rl~frllln fromllhu~lng thc plaintiff and/or
the plaintiff's minor child and/or Illllclngthelll In leur of IIhu~e.
2, Ordering the defendant to rcfrllln frolll havlnll any dlr~'Ct or
Indirect contllct with the jillllntlff or the pllllntiff'~ minor child Including,
bUI not Iilllllcd to, telcphone Ilnd written .::onllllunlcutlons.
3, Orderlnllthe defendant to refrain from IHlrIlsslnll and stalking the
plalnliff and the plaintiff's minor child,
4, I)rohlbitlng the dcfenllant frolll enterinll the plaintlff'~ place of
cmploymentor school and the school of the plaintiff's minor child,
5. Prohibiting the defendant from removing, dlullllglng, destroying or
selling property Jointly owned by the parties or owned solely by the
plaintiff.
6. Granting possession of the marital home locllted at 322 Beverly
Road, Camp Hill, CUlllberland County, Pennsylvania, to the plaintiff to
Ihe exclusloll of the defendant.
7, Ordering the defendant to stay away from any residence Ihe
plaintiff may In the future establish for herself.
8. Ordering the defendant to provide suitable alternate housing for the
plaintiff,
The above-named plllhlllff. Jean M, Covaleskl, verltll!s thai the statements made Inlhc
abovl! IJetltlon lire true Ilnd currCl:I. The plaintiff understlll\ds that false stalements hllreln arc
made subject to the IlClUdtles lIf III p.\. C.S, 14904 relating to unsworn falsification 10
authorities,
Oaw:
5-II-Q5"'
~UN- -rYl ~
Jean ,Co Illeskl, Plaintiff
I I I I
, ,
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IOward the security del)mlt for IIn11llllrlment fllr the plalnllff and $400.00 IlCr mllnth tuward the
renl for II period of 4 monlh~, This Ilrrungement Is without preJudice In any ne~olilltillnof a
pruperty ~ettlement In the event the pllrlles pur~ue a fllrmal separatllln IIl!reellll!nt ur dlvllrce
action, The defendant shllll he allllwed hI corne III the residence, ~ullCrvised by II third party
agreeabll! to the Illaintlff llr II ~tllte Clln~tllble, Ilrllll1plly nftcr the entry of the Protectlun Ordcr
for the IImiled purpose of retrieving his per~onal belllnglngs,athlellc equipment, tuols, I!tc. The
defendant shall IIrranl!e fllr a mutually al!reellblc dllte nnd time wllh Ihe plnlntlff tu mllke this
trlll1sfer,
6. The dcfendllnt is ordered tll stay away from nny residence the plaintiff may In the
future establl~h for herself.
7, The defendant shnll pay Interim support to the plalnllff In the amount of $150.00
per week payable to Ihe plaintiff In the form of a check or Illoney order by mall pending the
enlry of all Order by the CUlllberland County Domeslic Relations Ofl1ce. Pnyments to
commence upon entry of thll Protection Order and each Friday thereafter. The plaintiff shall
promplly file for II support conference with the CUlllberland County DOlllestic Relations Oftlce.
Nothing In thl~ agreement shall prejudice the defendant's position at the Domestic Relations
conference.
8. Court costs and fees are waived.
9. This Order shall remain In effecl for a period of one (I) year and can be eXlended
beyond that time If the Court finds that the ddendlll1t has commlttoo all act of abuse or has
engaged In a pattern or practice that Indicates risk of harm to the plaintiff 011 a conllnued basis.
This Order shall be enforceable In the same manner as the Court's prior Temporary ProleClion
. ,".. ,;. ._.. -')0.. ,
which l\rlll! Ihe plainllff will hllve exclll~ivc Ilo~se~~lon of the re~ldence and Ihe defendant will
pay the monthly mortgage Ilayments, A~ of July I, 1995, the plalnliff agrees to vacllll! the
marital resldencl! and Ihe defl!ndant agrees tOllnlvide suitable alternate hOIl~lnll for the plaintiff
by paying $400.00 towal'd the security depo~lt for anapartlllent for the plaintiff and $400.00 per
month toward the rent fur a period of 4 Illonths. This IIrrangement Is without prejudice In any
negotiation of a property seulement Inlhe I!venl the parties pursue (i fornllll separallonagreement
or divorce action, The plalnllff allrees that the dl!fcndant will be allowed to COllle to the
residence, supervised by II third Ilarty Ilgreeable to the pllllntlff or a stalc constable, promptly
after the entry of the Protection Order for the limited purpose of retrievlnll his personlll
belongings, athletic equipment, tools, elc. The defendant will arrange for a mutually agreeable
date and time with Ihe plaintiff to Illake this transfer.
7. The ddendanl agrees to ~tay away from any residence the plaintiff may in the
future establish for herself.
8, The defendant Ilgrees to llay Interim support to the plaintiff in the amount of
$150,00 per week payable 10 the plaintiff in the form of a check or money order by mall
pending the entry of an Order by the Cumberlllnd County Domestic Relations Office, Payments
to commence upon I!nlry of the Protection Order and each Friday thereafter. The plaintiff will
prompUy file for a support conference with the Cumberland County Doml!stlc Relations Off1ce.
Nothing in this agreement will prejudice the dl.!fendant's position at the Domestic Relations
conference.
9, The defendant understands that the Protection Order entered In this maller will
be In effect for a pel'iod of one (\) year and can be extended beyond Ihat time if the Court finds