HomeMy WebLinkAbout95-03105
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AND NOW, this
IE~PORARY PROTECTION ORDER
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--t---- day of June, 1995,
upon presentation
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-i/L''i CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
JULIE L. SOWERS,
Plaint i ff
EARL E. SOWERS,
Defendant
and consideration of the within Petition, and upon finding that
the plaintiff, JULIE L. SOWERS, now residing at 505 Second
Street, New Cumberland, Cumberland County, Pennsylvania, is in
immediate and present danger of abuse from the defendant, EARL E.
SOWERS, the following Temporary Order is sntered.
The defendant, EARL E. SOWERS, SSN: 186-62-0546 and DOB:
5/8/87 now residing at 505 Second Street, New Cumberland,
Cumberland County, Pennsylvania, is hereby enjoined from
phyaically abuaing the plaintiff, JULIE L. SOWERS, or placing her
in fear of abuse.
The defendant is sxcluded from the residence located at 505
Second Street, New cumberland, Cumberland County, Pennsylvania, a
reaidence which is leaaed aolely by the plaintiff.
The defendant is ordered to refrain from having any direct
or indirect contact with the plaintiff including, but not limited
to, tnlephone 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
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place of employment.
A violat fon of this Order may subject ths defendant to: I)
arrest under 23 Pa. C.S. 16t13; ii) a private criminal complaint
under 23 Pa. C.S. 16tI3.1; iii) a charge of Indirect criminal
contempt under 23 Pa. C.8. 16114, punishable by imprieonment up
to aix monthe and a fine of .100.00-.1,000.00; and Iv) civil
contempt under 23 Pa. C.8. 16114.1. Resumption of co-residence
on the part of the plaintfff and defendant shall not nullifY the
provieions of the court order.
Thie 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 EARL EUGENE SOWERS, Is hereby awarded
to the plafntlff, JULIE L. SOWERS.
A hearing ehall be hsld on this matter on the
June, 1996, at 0/, It -I.'m, , I n Court room No. ~'~, ,
County Courthouse, Carlisle, Pennaylvanla.
)IL:'_ day of
Cumberland
The plaintiff may proceed without pre-payment of fees
pendfng a further order after the hearing.
The Cumberland County Sherlff's Oepartmsnt ahall attsmpt to
make service at the plaintiff's request and without pre-payment
of fees, but service may be accomplished undvr any applicable
rule of Civil Procedure.
This Order shall be docketed In the offiLe 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 New Cumberland Police Department will be provided with a
certffied copy of this Order by the plaintiff's attorney. Thfs
Order shall be enforced by any law enforcement agency where a
violation occurs by arrest for indirect criminal contempt wfthout
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 arr88t is made, under this
sectfon, ths 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. . 8113).
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JULIE L. SOWERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-JI"\' CIVIL TERM
EARL E. SOWERS,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
NOT ICE
You have been sued in court. If you wish to defend against thl
claims Sit 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 hearfng scheduled by thl Court and
presenting to the Court your defenses or objections to the claims Sit
forth agafnst you. You are warned that if you fail to do so the Court
may proceed without you, and a jUdgment may be entered again.t you by
the Court without further notice for any money claimed in the Pit it ion
or for any other claim or relief reqUlsted by the plafntiff. You may
lose money or property or other rights important to you.
FEES AND COSlI
If thl case gOls to hearing and the judge grant. a Protection
Order, a surcharge of t25.00 will be asseesed againlt you. You may
aho be required to pay attorney fees to Legal Services, Inc. for
their representation of the plaintiff.
You Ihould take thil paper to your lawyer at once. If you do not
have a lawyer or cannot afford one, go to or telephone the office let
forth below to find out where you cen get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMER~A/ojS WITHrnA8IUJ1UACLQL 19&0
The Court of common Pleas of Cumberland County il required by la.
to comply with the Americans with Dfsabilities Act of 1990. For
information about accessible facilfties and reasonable accommodatione
available to disabled tndivfduals having business before the court,
please contact our offlce. All arrangement. must be made at lea.t 72
hours prior to any hearlng or buslness botore the court. You mUlt
attend the scheduled conference cr hearing.
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JULIE L. SOWERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- l,i{l'} CIVIL TERM
v.
EARL E. SOWERS,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
"_HUlON FOR PROTECTION ORDER
MlILWJJ2DY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 P.S. . 8101 et seq.
A. ABUSE
1. Ths plaintiff, JULIE L. SOWERS, is an adult individual
reSiding at 606 Second Street, New Cumberland, Cumberland County,
Pennsylvania 17070.
2. The defendant, EARL SOWERS, SSN: 186-62-0646 and OOB:
6/8/67, is an adult individual residfng at 606 Second Street, New
Cumberland, Cumberland County, Pennsylvania, 17070.
3. The defendant is the husband of the plaintiff.
4. Sfnce 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 immfnent serfous bodily injury, and has knowingly engaged in a
course of conduct or repeatedly committed acts toward the plaintiff
under circumetances 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 May 18, 1996, in a display of anger towards
the plaintiff, the defendant kicked the dog causfng it to
yelp, and punched the door with his fist breaking a panel in
the door causing the plaintiff to fear for her safety. The
defendant then threatened the plaintiff saying, "I could
beat you up and down and if I don't want you to leave, you
won't go through that door."
b. In or around May 1995, the defendant thrust his fist in
in the plaintiff's face causin9 her to fear for her safety.
c. Between JUly 1994 and May 1995 the defendant threatened
the plaintiff approximately every other month, stating that
if she left him, she would not be around to see a custody
hearing, causing the plaintiff to fear for life.
d. Prfor to July 1994, the defendant abused the plaintiff
in ways fncluding, but not limited to, the following:
slapping, punching, choking, pushing, and 9rabbing the
plaintiff.
e. On or about September 4, 1993, the defendant punohed
the plaintiff in the head, pushed and shoved her about the
car, punched her in the arm, choked her after forcing her
down on the car seat, and pushed her out of the car onto the
driveway.
6. The plaintiff believes and therefore avers that she ia in
fmmedfate and present danger of abuse from the defendant should ahe
remain in the home without the defendant's exclu3ion, and that ahl i.
fn need of protection from such abuse.
7. The plaintiff desires that the defendant be prohibited from
having any direct or indirect contact with the plaintiff.
8. The plaintiff desires that the defundant be enjoinud from
harausfng and stalking the plaintiff, and from haraseing thu
plaintiff's relatives.
9. The plafntiff desires that the defendant be restrained from
entering her place of employment.
B. EX~IVE POSSESSION
10. The apartment from which the plaintiff is asking the Court
to eKclude the defendant is rented in the name of Julie Sowers.
11. The plaintiff desires possession of the apartment so a8 to
give the greatest degree of continuity to the life of the child and to
allow him to continue his education at his schools and to contfnue his
school and social activities.
C. ATTORNEY FEES
12. The plaintiff aaks that the defendant be ordered to pay
reasonable attorney fees to Legal Servic98, Inc.
D. TEMPORARY CUSTODY
13. The plaintiff seeks temporary custody of the followin~
ch 11 d:
ttImI
P-u!.llIlt~lilttnc_1
AilI
EARL SOWERS
505 Second Street
New Cumberland, PA
The child was not born out of wedlock.
7yre.
The chfld is presently in the custody of the plaintiff and
defendant who reside at 505 Second Stroet, New Cumberland,
Pennsylvania.
During the past five years, the child has resided with the
following persons and at the following addresses:
tiImi
plaint iff &
defendant
{Id!![@un.
Kaiserslautern, Germany
I1Ailli
1990 - 1/92
plaint iff,
defendant, &
plaintiff's parents
plaintiff
Meadowbrook Court
New Cumberland, PA
1/92 - 2/94
505 Second Street
New Cumberland
2/94 - 7/94
plaintiff &
defendant
same address
7/94 - present
The mother of the child is JULIE SOWERS, currently residing at
505 Second Street, New Cumberland, Pennsylvania.
She is married.
The plaintiff currently resides with the following
persons:
R.Jllat i onsh.iil
1iIJn-1
EARL EUGENE SOWERS
EARL EDWIN SOWERS
eon
husband
The father of the child is EARL EDWIN SOWERS, currently re.iding
at 505 Second Street, New Cumberland, Pennsylvania.
He 11 married.
14. The plaintiff has not previously participated in any
litigation concerntng custody of the above mentioned child in thie or
any other Court.
15. The plaintiff has no knowledge of any custody proceeding.
concerning this child pending before a court in this or any other
juriedlct lon,
1ft. The plaintiff does not know of any person not a party to
thill act tOil who hila physical cUf>tody of the chi ld or claims to have
custody or visitation rights with respect to the child.
17. The best interests and permanent welfare of the minor child
will be met if custody ;s temporarfly granted to the plaintiff pending
a hearing in this matter for reasons including:
a. The plafntiff is a fft parent who can best
take care of the minor child.
b. The defendant has shown 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. I 610t Ii ~., 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. Orderfng 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 fncluding, but
not limited to, telephone and written communications;
3, Ordering the defendant to refrafn from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives;
4. Prohibiting the defendant from entering the plaintiff'.
place of employment;
5. Granting possession of the apartment located at 506
Second Street, New Cumberland, Cumberland County,
Pennsylvania, to the plaintfff to the exclusion of the
defendant pending a final order fn this matter;
6. Ordering the defendant to stay away from any residence
the plaintiff may fn the future establfsh for herself;
7. Granting temporary custOdy of the minor child to the
plaintiff;
B. Schedule a hearing in accordance with the provisions of the
.Protection from Abuse Act,. and, after such hearfng, 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 hiving any
dfrect or indirect contact with the plaintiff fncluding, but
not limited to, telephone and wrftten communications,
3, Orderfng the defendant to refrain from haraseing Ind
stalking the plaintiff and from haraSSing the plaintfff',
relatives.
4. Prohibiting the defendant from entering the plaintiff',
place of employment.
5. Granting possession of the apartment located at 505
Second Street, New Cumberland, Cumberland County,
Pennsylvania, to the plaintiff to the exclusion of the
defendant.
6. Ordering the defendant to stay away from any residence
the plaintiff may in the future establish for herself,
7. 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 thie Petition and Order be delivered to the New Cumberland
Polfce Department who has jurisdiction to enforce this Order.
The plafntiff prays for such other relief as may be just and
proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
18. The allegations of Count I above are incorporated herein as
If fully set forth.
19. The best interest and permanent wel fare of the minor chi ld
will be served by confirming custody In the plaintiff as set forth fn
Paragraph 17 of the Petition.
WHEREFORE. pursuant to 23 P.S. . 5301 t1 ~., and other
applicable rules and law, the plaintiff prays this Honorable Court to
award custody of the minor child to her.
The plafntlff prays for such other relief as may be just and
proper,
Reapectfully submitted,
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JiJ1Rt~~., ~~\~~~r- PlaT"flTi
~EGAL SERVICES, INC.
a Irvine Row
Carlisle. PA 17013
(717) 243-9400
The above-named plaintiff, JULIE SOWERS, verifies that the
statements made in the above Petition are true and correct. plaintiff
understands that false statements herein are made subject to the
penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to
authorities.
Datel
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Julie
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JULIE L. SOWERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3105 CIVIL TERM
EARL E. SOWERS,
Defendant
AND NOW, thl. I~::yr::
PROTECTION FROM ABUSE AND CUSTODY
COIITIIIUUCI
June, 1995, upon oonsidsration of
the attaohed Motion for continuanoe, the matter soheduled for
hearing on June 14, 1995, at 4100 p.m., in Courtroom No.3,
Cumberland County courthouse, carlisle, Pennsylvania, by this
Court's Order of June 9, 1995, is hereby resoheduled for hearing on
June 21, 1995, at 3100 p.m. in courtroom No.3.
Th. Temporary Proteotion Order shall remain in sffeot for a
period of one year or until modified or terminated by the oourt
after notioe or hearing.
A oertified oopy of this Order for continuance will be
provided to the New Cumberland Polioe Department by the plaintiff's
attorney.
By the Co rt,
E. Ho fer, JUdge
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JULIE L. SOWERS, I IN THE COURT OF COMMON PLEAS OF
plaintiff I
1 CUMBERLAND COUNTY, PENNSYLVANIA
v. I
I NO. 95-3105 CIVIL TERM
EARL E. SOWERS, I
Defendant 1 PROTECTION FROM ABUSE AND CUSTODY
KorIOM ro. COMTIMUAMCI
The plaintiff moves the Court for an order resoheduling the
hearing in the above-captioned case on the grounds thatl
1. A Temporary Protection Order was issued by this Court on
June 9/ 1995/ scheduling a hearing for June 14/ 1995, at 4100 p.m.
2. The Cumberland County Sheri ff' s Department served the
defendant with a certified copy of the Temporary proteotion Order
and Petition for Protection Order.
3. The defendant has retained Attorney James Bach to
represent him in the matter.
4. The plaintiff and the defendant have agreed to reschedule
the hearing in order to have time to execute a consent agree~ent.
5. The plaintiff requests that the Temporary proteotion
Order remain in effect until modified or terminated by the Court
after notice or hearing.
6. A certified copy of the Order for continuance will be
delivered to the New cumberland police Department by the attorney
for the plaintiff.
WHEREFORE, the plaintiff requests that the Court grant this
Motion and reschedule this matter for hearing / and that ths
Temporary Protection Order remain in effect until further Order of
Court.
Respectfully submitted,
1
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J olin Carey
Attornsy for PIa ntiff
LIGAL ...VICI., IMC.
S Irvine Row
Carlisle, PA 17013
(717) 243-9400
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JULIE L. SOWERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
95.3105 CIVIL TERM
V.
EARL E. SOWERS,
Defendant
~
AND NOW, June 20, 1995, hearlng In the above matter orlglnally set
for June 21,1995, Is continued to WedntldlY, July 21,1815, It 10:30 I.m.
The Temporary Protection Order shall remain In effect for a period of
one year or until modified or terminated by the court after notice or hearlng.
A certified copy of thle Order for Continuance will be provided to the
New Cumberland Police Department by the plaintiff's attomey.
By the coor('"
J.
Joan Carey, Esquire ,qOVL ('/''' /, ?,j<l(
Legal Services, Inc. I
8 Irvine Row
Carlisle, PA 17013
James Bach, Esquire ...", (~,/ ('''1"'/ I. /),/,/
352 South Sporting Hili Road
Mechanlcsburg, PA 17055
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.Iul Ie L, Rowers,
PI a I I1t iff
IN THF r.0I1RT OF r,OMMON PI FAS OF
rllMRFRI ANll COUNTY. PENNSYI VANIA
1/,
NO. 'l'i-11OC\ CIVIl TERM
Ear'l f. Rowers,
Dr, f Hndllnl
PROTEr.TION FROM ABUsE AND
CIISTODY
OR~ FOR CONTINUANCE
AND NOW, th1s l(P day of July, 199'i,
upon consideration
of the Ilttached Motion for r.ontinuance, the hellrlng scheduled for
July 26,1995, at 10:10 a.m., is 9l!nerally continued to afford
the parties time to execute a Consent Agreement. This Order is
entered without prejudice to either party to request a hearing,
The Temporary Protection Order will remain in effect for a
period of one Yl!ar or until a final Order is entered in this
case,
A certified copy of this Order for Continuance will be
provided to the New Cumherland Police Department hy the
plaintiff's attorney,
Ay the Court,
F. )ffer, .Judge
,!Ul L II 2) ,\H '95
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P lillllt . I I
IN THF r.OUfH or rOMMON 1'1 F AS OF
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111~'f1FRI ANn rnllrHY, I1FNNSYI VANJA
F A I 1 F. Snwe, s ,
Oe I""d""t
NO, '1",-'111]1; r.JVII TFflM
PROTFrTlnN FROM AAUSF ANn
CUSTODY
MOTION FOR ~ONTINUANCF
The 111 A i III i f I mn v f! ~ f /w ~ n II I tIn I illl n I d 1'" t 0 9 f! n Iii All Y
c.ont i fUJH the hp.fI r i fHJ 1 n t flf~ "hnVf~-r.ftpt 1 fll1Prl cnsp on t hA oroullds
I hAI :
A Tempoln,y PIC,t,!,t inll n,d", was isst/lJd hy IfllS COUlt
on ,Iune 'J, 1(91), SChAdll!,n'} il h'H,r 'n9 10. ,Jw.e 14, 1995, lit 4:00
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p,m,; the hARring Wll~ ennt 1nll.H' onc" at the agreemellt nl Ihe
4J;
part las Ilnd onu, at I'", 'Hf]IIA"t 01 If'A Court and wa" most
rer...nlly 'H~dlf"llIll'd In, ,/lIly 2r" 1995, ill 10:30 il,""
2, The ~umbarlilnrJ r.ollllly ShH/.fl's nel1i1rtm.",t served the
defenrlal1t wlth iI r",' 1I'"d cory or the Tempora"y Prolert ino Order
and PHIl 110/1 len PInt pcl iOIl Orrler,
.1, The delf'nd""t hilS I el it 1I"..j .I'''n~s '1, Anch t n rel1re~fJl11
him in Ih,s millt.."
4 . T h H pIn lilt 1 f f d , 1 d t 11 H d p f fl t\ Ii n 11 t h '" v p ,1 lJ ,. e p d "r_'
UtH1Htnl1y entlt lllll~ till:' tlt'.-i' I111J in I"lldt" tll ,1ffotrt thpm "IOP. to
f-Hp( lit P fl f nn~.PI1' i1qrf!fllll~!lt
r, lhp pl-tltltiff 'tjqIHI.;t.~ thnt tllf'..1 Tp'T'pnrary rrntflctiotl
()'dHt ff-lmFtlll In l~ftp,'1 r"'l1lIlllfJ fl/ttt,P' ntdtlt ,q C'nlllt.
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A I PI I If i ,.,1 I' If'"y' (,
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11,.,IIV'jlllll Ifl tll'. N'jW (ljlll~I'.lt lllil! flf;' I. fo l'iPI),11 tflll-"II tly ltlP nt'fll"11HY
,v' ,1 Ie ' (j'~~..~. //
.In~n CRrpy, At to. n for Plaint iff
I FOAl RFRVICFR, I .
A I r v HI" Row
Cilr1 ;,,;1p. PA 17n1:l
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I", th" pl.lint.II,
WIIH1H0l1F, till' pl'illdilt '"'I''''';''' tI"I' "10' Court grAnt this
Mntlf1tl f1tld Ion' l11IIM thl.... mattl'l (JPIlf:ltll\ly ;'lIld thnt th~ TempnrRry
PrntA(,ttntl (lrdfH ,.,.nlitlll ltl fdtf.qt 1111111 flllttn'f OtdHt nf r.OIHt.
H" SpPl t I u 11 y slJhrn it t ...rt,
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JULI E L. SOWErlS,
1'1 n I nt Iff
Iii TItE COUHl OF COMMOli PI.EAS OF
CUMOErll.ANli COI.!Nl i, I'FlltlSYL VANI A
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NO, 'Pi.] 1 05 C I V II. 1 E RM
EARL E, SOWEflS,
Dnfllndanl
AND NOW, t his
PrlOllCIION 'IWM ABUSE
AND CUS10()y
10 (." rn01I Cl ION OlWFIl
<JIlY of August, 19~15,
upon cons,derat Ion of
3, The defendant is excluded flom the plaintiff's residence
the Consent a<jreement of the parties, the fo1101'/1n9 Order Is entered:
" The dllfendllnt, EAnl. E. SOWERS, 55: 186..f,;!-0546 and 000:
5/6/67, is enjoined from phYS1Clll1y ahUslng thl! plaIntIff, JUUE L,
SOWERS,
2, The defendant is prohlhited from entering the pla1l1tiff's
place of employmont or flomculllng tho plaintiff at work l!'cept In
cllses of emergency regarding tho child,
located at 505 Second StnJet, New CurlltJelland, CUlnberland county,
Pennsylvania, e_cept fnr thl! 11mltod pUrplJSl! of tl.ansferring custody
during which times Itle dafendant ',hall remain III his vehicle,
4. Thll (tefen<l6l1t I!, nI dllrBd to stllY aWIIY flom lIny reSidence the
plaintiff may ill the futUIB BstntJIIsh fOl '''HSlllf, Ilxcept for the
limited purpose of tlal1'\fllfllll\1 "l~I'''ly dUIIII'l whIch limes the
dofendlll1t shill1 Illlllall1 III "i~ '/e11111e,
~). fhH Court {lJ..d.... ltnd f~e'i ilt ~ WfllVtld.
6. Thl" Oldel slli\ll ,,,l1illll' III ..ftect f'" Ii pel jllil 01 [lne yellr
Of tHltll Il1ndlfj,,,!,,, '."II""l1t",1 IJ, II,'! C,"lIt 1111..., I1"tlC!' Of t1lHHlng
lInd lOllY Ite ,'.1 uttd"d b"'r""rl t'lilt II"'" " ,It" r"'lI 1 f ""''\ t hnt UIlJ
defendant lias c"mmi t t ed 1In act of abuse or 1I.\s engaged In 11 pat t eln or
plact ice tllat indicates cant inued rlsh of 1I11rm to Ule plllint Iff,
7, This OrchH may subject tho ,jefendant to: i) arrest under 23
Pa, C,S, li6Il.1; i i) a private CI iminal complaint under 23 Pa. C.S.
66113,1: Iii) a charge of indirect crimlnal contempt under 23 Pe. 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. !i6114.1,
Resumption of co-residence on the part of the plaintiff and defendant
shall not nUllify the prOVIsions of the court order,
8, The New Cumberland 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 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 thst court is unavailable, the~,efendant
shall be taken before the appropriate district justice. (23 Pa, C,S. 6
6113) .
By the Court,
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JULIE L. SOWERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3105 CIVIL TERM
EARL E, SOWERS,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
~QNsENT AgREEMENT
This Agreement is entered on this
day of July, 1995, by
t he plaint i ff, JULIE L, SOWERS, and the defendant, EARL E. SOWERS.
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, EARL E. SOWERS, agrees to refrain from
abusing the plaintiff, JULIE L, SOWERS.
2 The defendant agrees not to enter the plaintiff's place of
employment or from calling the plaintiff at work except in cases of
emergency regarding the child.
3. The defendant agrees to stay away from the plaintiff's
residence located at 505 Second Street, New Cumberland, Cumberland
County, Pennsylvania, except for the limited purpose of transferring
custody during which times ttll! dofendant WIll remflin in hIS vehicle,
4. The defendant ayrees to stay away from any residence the
plaintiff may in tho futurll establish for hOlself, 'HcOpt for the
1 imited purpose of transfen1f1Y CllsU"ly dill iny which t I/n1l5 the
defendant will remain III his VHhlCll!,
5, Tllo dI1lond"nt, IlllhlllJt]h "nt'Hlng Into thiS A\lrHement, does
not admit the allegal ions made in lhe Pet it 1011,
6, The lfefendant underntnnds thnt the Protect 10n Order entered
In thls malleI' will be in effect for II period of one year or until
modified or terminated by the Courl after notice or hearing and that
1t can be extended beyond that timu 1f 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,
7. The defendant understands that this Order w111 be
enforceable in the same manner as the Court's prior Temporary
Protection Order entered in this case,
WHEREFORE, the parties request that a Protection Order and
Custody Order be entered to reflect the above terms.
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, oan Carey
(Attorney for P-Liff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA t7013
(717) 243-9400
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ttorney for Defendant
352 S. Sport ing Hi 11 Road
Carlisle, PA 17013
(717) 737-2033
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Julie L, Sowers,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3105 CIVIL TERM
v.
Earl E. Sowers,
Defendant
FROM ABUSE AND
AND NOW,
~
thislt!
day 0
, 1995, upon consideration
of the parties' Consent Agreement, the following Order is entered
with regard to custody of the part les' child, EARL EUGENE SOWERS.
1. The plaintiff, Julie L. Sowers, hereinafter referred to
as the mother, shall have primary physical cuetody of the
child. The parties shall share legal custody.
2. The defendsnt, Earl E. Sowers, hereinafter referred to
as the father, shall have partial custody of the child
according to the following schedu1s:
a. Every other weekend from Friday at 6:00 p,m.
until Sunday at 7:00 p.m.
b. Every Wednesday evening. During the
academic year the father shall pick the child
up from school at 3:30 p.m. on Wednesdays and
take the child to school the folloWing
morning. During the summer the father shall
pick the child up from the sitter on
Wednesday mornings and return the Chlld to
the sitter the following evening by 5:00 p.m.
3. The father shall provi~e transportation and shall honk
the horn at the time of transfer,
4. Neither party shall take the child out of the state
of Pennsylvania without written agreement of the parties.
5. The mother alld father shall alternate Christmas Eve
and Christmas Day each year, one party having the
child on Christmas Day from 10:00 a.m, until 8:00 p.m.,
and the other having the child on Christmas Eve until
Christmas Day at 10:00 a.m.
6. The parties shall alternate the following holidays:
Easter, Thanksgiving, Memorial Day, the Fourth of July.
and Labor Day.
7. The father shall have the right to partial custody
for 2 weeks of the summer. The father shall give the
mother two weeks notice as to which weeks he wants. The
mother shall also have the right to take the child for an
uninterrupted 2 week period durfng the summer upon two
weeks notice as to the weeks she wants.
8. The father shall provide transportation and shall
honk the horn at the time of transfer,
9. The mother and father agree that each shall notify
the other of all medical emergencies which arise while
the child 15 in that parent's care.
10. Neither party shall do anything which may estrange
the child from the other parent, or injure the opinion
of the child as to the other parent or which may hamper
the free and natural development of the child's love or
respect for the other parent.
WHEREFORE. the parties request that a Custody Order be
entered to reflect the above terms.
By the Court,
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Jul ie L, Sowers,
Plaint 1 f f
v.
IN IHE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Ear IE. Sowers,
Defendant
NO, 05-1105 CIVIL TERM
PROTECTION FROM ABUSE AND
CUSTODY
GQH5ENT AgREEMENT
This Agreement is entered on thIs
day of JUly, 1995,
by the plaintiff, Julie L. Sowers. and the defendant, Earl E.
Sowers. The plaintiff ie represented by Joan Carey of LEGAL
SERVICES, INC.; the defendant 15 represented by James Bach,
The parties agree to the entry of a Temporary Custody Order
providing for the following regarding custody of their child,
EARL EUGENE SOWERS:
1. The mother shall have primary phYSical custody of
the child, The parties shall share legal custody.
2. The father shall have part1ll1 custody of the child
a, Every other weekend from Friday at 6:00
according to the following schedule:
p,m, unt I 1 Sunday al 7:00 p.m,
b. Every Wednesday evening. During the academic
year Ihll father shall pick the child up from
sch(~1 at 3:30 p,m, on Wednosdays and take the
child to school the following morning. During the
summer I he fatho/ .hall flick I hll child up from the
slltllr 011 W..d'\tudlty mornlnY9 find return the child
to Ihll ~I't,,, th.. fol1oWIIl1l uV8nln'l by 5:00 p,m.
3. Neither party shall take the child out of the
state of Pennsylvania without written agreement of the
parties,
4. The mother and father shall alternate Christmas Eve
and Christmas Day each year, one party having the
child on Christmas Day from 10:00 a,m, until 8:00 p.m"
and the other having the child on Christmas Eve until
Christmas Day at 10:00 a,m.
5. The part i es shall alternate the following
holidays: Easter, Thanksgiving, Memorial Day, the
Fourth of July. and Labor Day.
6. The father shall have the right to partial custody
for 2 weeks of the summer. The father shall give the
mother two weeks notice as to which weeks he wants. The
mother shall also have the right to take the child for
an uninterrupted 2 week period during the summer upon
two weeks notice as to the weeks she wants.
7, The father shall provide transportation and shall
honk the horn at the time of transfer,
8, The mother and father agree that each shall notify
the other of all medical emergencies which arise while
the chi ld is 1n that parent's care.
9, Neither party shall do anything Wh1Ch may estrange
the child from the other parent, or injure the opinion
of the child 8>; to the other [lIHIHlt or which may hamper
the frell IInd naturl\l <Jevelopment of the child's love or
"
I
respect for the other parent.
WHEREFORE, the parties request that a Custody Order be
entered to refloct the above terms.
_u ~J (I /Il l ;1fl_' 'yL'..'~'_\I_
~. L. Sowers, Plaintiff
'~~!:~ef:;/~;f~~~ i-f~.--------
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
_....
Dsfendant
-~~~
mes aach
torney for Defendant
52 S. Sporting Hill Road
Carlisle, PA 17013
(717) 737-2033
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