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HomeMy WebLinkAbout95-03329 c -? ,'; c ~ 3 f. ~ J fY ",.-/. "" fJ rY) r0 " l 0:;' ':,-. CERTIFICATION OF PFAtS Case Number q5~ 332q Ct~ T..e4>Y\., Name steven L. vJ, IsDn ~ Gret:\~ot) Road. CaY"/Q/e, PA /70/3 Victim's Name: Co. thy S. \Iv; I SOh Balance Due: $e\l.8" 170 State Surcharge 171 State Fine 260 Sheriff Cost ADD 2.5.00 $ $ $ DELETE $ $ $ 2.1. 3b --' - 502 Restitution $ $ "'Pd. IJ.I//'I~- ~1..1~ de#: ~ tl87 Name rothonotcH"'S Address Off,.ce $ 4b. So City S ta te Name Address $ City S ta te Zip Name Address $ City State ____ Zip Prothonotary Office Person Certifying Information &'~Bt!ld tl., J1I.;;t2au.. Date 8-,). -95 , CATHY S. WILSON, Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- 3329 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY STEVEN L. WILSON, Defendant ORDER POR CONTINUANCE AND NOW, this ;r td~ day of June, 1995, the matter scheduled for hearing on June 27, 1995, by this Court's Order of June 21, hearing on the ;.(,{t1, day of in Courtroom NO.~. 1995, is ~' {( {'L I f/ The hereby rescheduled for r. '.II' , 1995, at f I,d' 'I.m. Temporary Protection Order will remain in effect for a period of one year or until a final Order is entered in this case. A certified copy of this Order for continuance will be provided to the Pennsylvania State Police Department and the carlisle Police Department by the plaintiff's attorney. By the Court, 4/L Hess, Judge ~ ~ 1. ~ l:>- ff 'r ~c;,' ., f1" ~i.Iri )1 Nf..I,} Ck'/ i'jJ'II'ir'l') H1U'~Ofll 1;,,: '0 'HH,:I ~t ~ 56. I~d Et ~ BZ NOr -...,r-~- .~. ~ -- - -~. - --...-. .~-- ,-."" . . " CATHY S. WILSON, plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-33:19cIVIL TERM PROTECTION FROM ABUSE AND CUSTODY v. STEVEN L. WILSON, Defendant TEMPORARY PROTECTION ORDER AND NOW, this .!J./ -,rt. day of June, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, CATHY S. WILSON, now residing at 131 Oak Hill Road, Carlisle, Cumberland county, pennsylvania, is in immediate and present danger of abuse from the defendant, STEVEN L. WILSON, the following Temporary Order is entered. The defendant, STEVEN L. WILSON, (SSN:Unknown) (D.O.B.: 12/9/63) now residing at 341 Greason Road, carlisle, Cumberland county, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, CATHY S. WILSON, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 131 Oak Hill Road, carlisle, Cumberland County, Pennsylvania, a residence to which the plaintiff moved to avoid abuse, which is not owned or leased by the defendant, except for the limited purpose of transferring custody of the parties' children. The defendant shall remain in his vehicle at all times during the transfer of custody. 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. " r:'{t'.; ').~ .,w;:~ 4. ~ II .' ,.' '11, ',' ';:;:'. i f:.J ,~\. .:/lI'Iij.'-'" "'. l>) Fii ~ ~' . 56. H~ 'lS e 2Z NOr The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff'S place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of this Order may subject the defendant tOI i) arrest under 23 Pa. C.S. 5'113; ii) a private criminal complaint under 23 Pa. C.S. 5'113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 5'114, punishable by iaprisonaent up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. 5'114.1. Resumption of co-reaidence 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 another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of ANGIE WILSON and KRYSTLE WILSON, is hereby awarded to the plaintiff, CATHY S. WILSON. 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 ;J'Il~ day of elunA... , 1995, at _ l/ ,3.'.]0/) .m., in Courtroom No.2, Cumberland county courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff'S request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Pennsylvania State Police and the Carlisle Police Department shall be provided with a certified copy of this Order by the plaintiff'S attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. 5 /l,d 6113) . By the Court, Judge FEES AND COSTS 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. If the case goes to hearing and the judge grants a Protection Order, a surcharge of 525.00 wiIl 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. peTITION .OR PROTBCTION ORDeR AND CUSTODY RBLle. UNDBR THB PROTBCTION .ROH ABUSB ACT, 23 P.S. 5 '101 et seq. A. ABUSB 1. The plaintiff, CATHY S. WILSON, is an adult individual residinq at 131 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, STEVEN L. WILSON, SSN: Unknown; D.O.B.: 12/9/63, is an adult individual residing at 341 Greason Road, Carlisle, Cumberland County, Pennsylvania, 17241. 3. The defendant is the husband of the plaintiff and the father of their children. 4. Since the beginning of the plaintiff's relationship with the defendant in or about 1982, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has sexually assaulted the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in 1 reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a) On or about June 9, 1995, the defendant came to the plaintiff'S place of employment when she was at work and attempted to get the plaintiff'S paycheck. The plaintiff'S employer turned the defendant away. Later that evening the defendant saw the plaintiff entering a restaurant, approached her, grabbed her left wrist and attempted to drag her from the restaurant. A friend called the police, who escorted the defendant from the scene. b) On or about June 2, 1995, the defendant became angry with the plaintiff and threatened to kill her. c) In or about May, 1995, the defendant became angry with the plaintiff, grabbed her around her throat with both of his hands, and pushed her to the floor while continuing to choke her. When the plaintiff'S two youngest children cried, the defendant released the plaintiff who ran into her bedroom and closed the door to avoid further abuse. The defendant threatened the plaintiff saying that if she attempted to leave, he would come after her. As a result of the defendant's abuse, the plaintiff experienced pain and suffered soreness and redness about her throat and neck. 2 d) In or about April, 1995, the defendant became angry with the plaintiff and punched her in her left upper arm. The defendant then grabbed the plaintiff by her left wrist and threw her out of the house. As a result of the defendant's abuse, the plaintiff suffered bruising. e) Since 1982, the defendant has punched or pushed the plaintiff approximately two times per month. In addition, the defendant has caused the plaintiff to fear for her safety by punching holes in the walls of their home, and threatening to kill the plaintiff. In or about 1991, the defendant sexually assaulted the plaintiff. 5. On or about June 3, 1995, the plaintiff left her residence at 81 Betty Nelson Court, Lot #157, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home and that she is in 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 including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff'S relatives, or the minor children. 9. The plaintiff desires that the defendant be restrained from entering her place of employment. 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. SUPPORT 11. The defendant has a duty to support the plaintiff and the minor children. 12. The plaintiff does not know where the defendant is employed. 13. The plaintiff'S income is insufficient to provide for her minimal needs and those of the children until such time as a support order can be obtained by filing at the Domestic Relations Office. 14. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. c. ATTORNEY PEES 15. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. D. TEMPORARY CUSTODY The plaintiff seeks temporary custody of the following 16. children: 4 IIIU ANGIE WILSON pre.ent Residenoe 131 Oak Hill Road Carlisle, PA 17013 131 Oak Hill Road Carlisle, PA 341 Greason Road Carlisle, PA KRYSTLE WILSON MICHAEL WILSON au 12 years old 9 years old 7 years old ANGIE WILSON AND KRYSTLE WILSON were born out of wedlock. MICHAEL WILSON was not born out of wedlock. ANGIE WILSON and KRYSTLE WILSON are presently in the custody of the mother and the maternal grandmother, Nancy Nailor, who reside at 131 Oak Hill Road, Carlisle, Cumberland, County, Pennsylvania, 17013. MICHAEL WILSON is presently in the custody of the defendant, who resides at 341 Greason Road, Carlisle, Cumberland county, Pennsylvania. During the past five years the children have resided with the fOllowing persons and at the following addresses: ANGIe WILSON: I2An Address 131 Oak Hill Road Carlisle, PA 17013 1989 to December, 1990 December 1990 to January, 1992 January, 1992 to June 3, 1995 131 Oak Hill Road Carlisle, PA 17013 131 Oak Hill Road Carlisle, PA 17013 5 Names Plaintiff, KRYSTLE WILSON, MICHAEL WILSON, Nancy Nailor (maternal grandmother) and Edwin Nailor (maternal grandfather) Nancy Nailor and Edwin Nailor Nancy Nailor June 3, 1995 to June 131 Oak Hill Road 19, 1995 Carlisle, PA 17013 June 19, 1995 to 131 Oak Hill Road Present Carlisle, PA 17013 KRYSTLB WILSON and MICHAeL WILSONI Dates 1989 to December 1990 December 1990 to April 1991 May 1991 to September 1991 September 1991 to November 1991 November 1991 to June 3, 1995 June 3, 1995 to June 19, 1995 MICIlABL WILSON June 19, 1995 to Present Address 131 Oak Hill Street Carlisle, PA 17013 Hershey's Farm Shippensburg, Cumberland County, PA 139 Wildwood Lane Newville, PA Carlisle, PA 17013 81 Betty Nelson Court Lot #157 Carlisle, PA 17013 139 Wildwood Lane Newville, PA 341 Greason Road Carlisle, PA 6 Plaintiff and Nancy Nailor Plaintiff, KRYSTLE WILSON and Nancy Nailor Peocle Plaintiff,ANGIE WILSON, Nancy Nailor (maternal grandmother) and Edwin Nailor (maternal grandfather) Plaintiff and Defendant Plaintiff, Defendant, Margaret Wilson (paternal grandmother), Marshall Wilson (paternal grandfather) Plaintiff and Defendant Plaintiff and Defendant Defendant, Margaret Wilson and Marshall Wilson Defendant, Mary King and Jim King ItRYSTLB WILSON June 19, 1995, to Present 131 Oak Hill Road carlisle, PA 17013 Plaintiff, ANGIE WILSON and Nancy Nailor The plaintiff, CATHY S. WILSON, the mother of the children, is currently residing at 131 Oak Hill Road, Carlisle, Cumberland county, Pennsylvania. She is married. The plaintiff currently resides with the following persons: bU Re1atiCln.hiD ANGLE WILSON Daughter KRYSTLE WILSON Daughter Nancy Nailor Mother The defendant, STEVEN L. WILSON, the father of the children, is currently residing at 341 Greason Road, Carlisle, Cumberland County, pennsylvania. He is married. The defendant currently resides with the following persons: BID Relation.hiD MICHAEL WILSON Mary King Jhu King Son Friend Friend 17. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. 7 18. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 19. The plaintiff does not know of any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 20. The best interests and permanent walfare of the minor children will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor children and has provided for the emotional and physical needs of the children. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor children. c. The defendant's behavior has adversely affected the children. d. The defendant was convicted of raping his daughter, ANGIE WILSON, when she was three years old, and he spent approximately two years in the Cumberland County prison. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. S 6101 ~ ~., as 8 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 and from 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 and the minor children; 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. ordering the defendant to stay away from the plaintiff'S residence located at 131 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania; 9 7. Ordering the defendant to ~tay away from any residence the plaintiff may in the future establish for herself; 8. Granting temporary custody of ANGIE WILSON AND KRYSTLE WILSON to the plaintiff; B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff and from placing her in fear of abuse; 2. ordering the defendant to refrain from having any direct or indirect contact with the plaintiff, 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 and the minor children; 4. Prohibiting the defendant from entering the plaintiff'S place of employment; 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly 10 owned by the parties or owned solely by the plaintiff; 6. Ordering the defendant to stay away from the plaintiff'S residence located at 131 Oak Hill Road, carlisle, cumberland County, Pennsylvania; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 8. Granting temporary custody of the minor children to the plaintiff; 9. Granting support to the plaintiff and the minor children 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. 10. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the Pennsylvania state Police and the Carlisle Police Department. The plaintiff prays for such other relief as may be just and proper. 11 COUNT II CUSTODY UNDeR peNNSYLVANIA CUSTODY LAW 21. The allegations of Count I above are incorporated herein as if fully set forth. 22. The best interest and permanent welfare of the minor children will be serv~d by confirming custody in the plaintiff as set forth in Paragraph #16 of the Petition. WHEREFORE, pursuant to 23 P.S. S 5301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, an carey Attorney for Plain LBGAL SBRVIceS, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 12 The above-named plaintiff, CATHY S. WILSON, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. Date: in/ l.'J-/9,) , , . ~l ~~. ~ :c f ,. ,..., - ,. c.o " ~.~~; .I: .<~ .... 1'1 :0...... = b ~~ ~ cD ...; c..n .to- ~ '0 0 , ~ ~ .. CATHY S. WILSON, I IN THE COORT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I V. I CIVIL ACTION - LAW I 95-3329 CIVIL TERM STBVBN L. WILSON, . Defendant I PROTECTION FROM ABUSE 1& CUSTODY IN REI PROTECTIVE ORDeR 1& CUSTODY ORDER OF COURT AND NOW, this 24th day of July, 1995, after hearing, it is ordered and directed that the defendant, Steven L. Wilson, pay the costs of these proceedings together with a surcharge of $25.00. It is further ordered and directed that he is hereby enjoined from physically abusing the plaintiff, Cathy S. Wilson, or placing her in fear of abuse. He is ordered to stay away from the plaintiff's residence except for the limited purpose of transferring custody of the parties' children. He 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 cuetody arrangements. The defendant is enjoined from harassing or stalking the plaintiff or from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff'S place of employment or the premises thereof. He is further enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the U"'> en - ."- ~ o ...... --, '"' => -= >-,. .~, ;.'* ~! :.,. ,- HI, -'. '. ~'. '" ,. ~ plaintiff. one year. tOI This order shall remain in effect for a pertod of A violation of this order shall subject the defendant 1. An arrest under 23 Pa. C.S.A 6113. 2. A private criminal complaint. 3. A charge of indirect criminal contempt punishable by imprisonment of up to six months and a fine of not less than $100.00. 4. Civil contempt. The resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of this court order. The Pennsylvania State Police and the Carlisle Police Department shall be provided with a certified copy of this order by the plaintiff's attorney. This order shall be enforced by any law enforcement agency, where a violation occurs, by arrest for indirect criminal contempt without warrant upon probable cause that this order has been violated, whether or not the violation is committed in the presence of the police officer. In the event 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. Pending concl1iation and/or further Order of the Court, custody of the child, Michael, shall be shared bstween his father and his mother. Michael remaining with hie father until Saturday, July 29th, 1995, at 6100 p.m., and thereafter be transferrsd to the custody of his mother until Saturday, August 5th, 1995, at 6100 p.m., and so forth thereafter alternating weeks with each parent until the commencement of the school year. Thereafter primary physical custody of the child, Michael, to be in his mother subject to alternating weekend visitations with his father from Friday at 6100 p.m. until Sunday at 6100 p.m. commencing with the first weekend following the commencement of the school year. Temporary custody of the child, Krystle, shall be in her mother subject to rights of partial custody in the father every other weekend as the parties shall agree, preferably at times when the child, Krystle, and Michael, shall be together. The Court notes that this custody order is a temporary order only, that it is without prejudice to the parties to seek full hearing before a conciliator and/or before the Court of Common Pleas. Primary physical custody of the child, Angie, shall be in her mother. By the Court, ~ i I ~ , .. Joan Carey, Esquire For the Plaintiff Dan POllock, Esquire For the Defendant Sheriff mal \ \ \ ~~ rnl.Oj,,( 8/.J./'tS". ..J.'f. . :iH'j, ~ L i.: '. !j 1:/\::::::' rlil; l~~\.)~;-.i)J]~"'~~ {-. ;:"Clrlt'lCHlwL'AL TH OF f'Eft!E:Y! '" r~H J to: COl'lrfY (iF t.1UIHH-:ELAfll, ~~ !J~2~,-!H,_ ~_~.I}iX_,._,,;}"___,.___ ....- ....;::>. wlk:;;mL$_u,J.I;:JL_l,,_..__.___..__.__.... .I1F H ^LLllJl RB.lDL__________ _' _.._... ..... Sh0f"11i or Deputy Sheriff of .' CUr1Bf:.hLAr~D County, Pennuylvani;:" whr,) nCltlq duly s",orn accordlng t.o law, saya, t.hat he> served the WI l.hl.n _f'R!1.J.&~LmlLl:.RQll-A.l?U;;!_L_______ upon _XU.SON STEVEN L d~fendijnt, at ____S}~..:..'?'_L~~. the Dn t h..? ~l.~,~_n~;,j day of JIJ.!'}o,;, HOURS. 1 c~~_5_ at___;:L'LLC,-RA.A.~P_~_..RQM2_._ ..____________..____ Ci\..8J,JSLA,__EJI_17Qll 'J .m__ _. _ . __ .'_ ___ __.___.' (~\Lfil~ Rb!' tW__.____' "1n:~EN _.L .....!JJ_15Dl!. ______.___ ________ County, P,:.onnsylvanil3, by handlnq t.o a true and attest0d copy of the _E.8!:.!If.C.IEl!LfRIJI1...MIUg;:.__.._________.._.__, together W1. th I.EMEQRARY-ERQ_I!'=r:.TLV..L9JW.EB.tl9lJ<:;C!i..,Atif2 PEU.HQlL__________. and at the same Lime d1.rectlnq !.!i~-;, att.€nltlon to t.hp contt:-nts t.her'f:,'lof. Stl;..:r~ff.:; Cost.a: [l':,lcketinq Sc'rv iCI:? - Affif,:favit Svrch~rg€' S(?~~~~ K :""Thi~';in;j--::-r:l-lrll~:-;'_."-":1, ';':-i" i-rr-----"- 18. ~'iZI 3.3& .00 . (1)\'1 '52r.Jb . 00/00:~~~\>~. ~ee~ Sworn and stlbscrlbed lo b~f0r~ U,E ..d.J...'!:: d'lY of <,....)"'......... .... 19 9(___. ^. [1. ml..:' .____1 j ~()'-_)fll'~' ..,.,-:..OA:"-:_ 1/ ~ro" lnn<,t~:'r'y-~'~ - Cathy S. Wllson Plaintiff . In The Coort of . CCJIIIlOl'I Pleas . of the 9th . Judical District of Pennsylvania V. Cumberland County Steven L. Wilson NO. 95-3329 Defendant CivilTerm . Protection from . Abuse PRAECIPE To The Prothonotary: Please enter my appearence on behalf of Steven.L. Wilson in the above matter. , --> Daniel Pollook Q~W Attorney at Law For Defendant Steven L.Wllson ~w~eolaoM€t~SbUrg Road ~~e"blt11r"7Jf~~~66 SUpreme Ct. Id. No. 70:S15 " . ! \ ! II --- , " " .:; C- ." c: .- ....., ~ = ., " ~ .c or & .. ... ~ . ::c .,..;- ~ .- - -< CD ..." .... .....~-~........,-. -- ..-....... CATHY S. WILSON, Plaintiff vs. STEVEN L. WILSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 95-3329 CIVIL TERM PROTECTION FROM ABUSE IN RE: DEFENDANT'S COUNTERCLAIM ORDER .. r. AND NOW, this ... day of July, 1995. the court having conducted a full hearing on this matter and the court determining that the petition of the defendant is not timely or otherwise in conformity with 23 Pa.C.S.A. 6108(e), his cross-complaint is DENIED. Joan Carey, Esquire For the Plaintiff Daniel Pollock, Esquire For the Defendant :rlm BY THE COURT, 4/L e.~ rr>'<~ '7/'>""lq,s-. ~.~. Ln 0") " = a... co '::> -=:- ;'1... ,': ", ~. ,-. ,.., ...... ~ = -., 'j I t ~~ ,. ~ .~- ~- -d ;. r ." . ~':'j '~...' \-:.. r CATHY S. WIU30N PLANTIFF IN THE CroRT CE' CC>>1MON PLEAS CF CUMBERLAND COUNTY, PENNSYLVANIA . . V. . . Sf EVEN L. WILSON DEFENDANT : NO. 95-3329 CIVIL TERM . . PRaI'ECTION FRCJ1 ABUSE AND CUSTCDY PROTECTION ORDER AND NOW, this_____ day of JUly, 1995 it is found that the Defendant/ cross Plaintiff, Steven L. Wilson currently of .:S41 Greason Road, Car lisle, Pa. is in illlllediate clear and present danger of abuse from the Plaintiff/ cross defendant, Cathy S. Wilson that the following order is entered and to be enforced pursuant to 2j Pa. C.S. 611j et Seq.. 1. That Cathy S. Wilson is prohibited and enjoined from abusing Steven L. Wilson or placing him in fear of abuse. 2. That Cathy S. Wilson is Prohibited fran being within ____ feet of Steven L. Wilson's current or fUture residences except to pick up their son Micheal for her day of visitation. She is to remain inside the car at all times while she is picking up Micheal and not to throw anything out of her car windows or doors while she is at or near Steven's residence. j. That Cathy S. Wilson is ordered to refrain from having any direct or indirect contact with Steven L. Wilson except for the express limited purpose of facilitating custody arrangements. 4. Cathy S. Wilson is to refrain from stalking Steven L. Wilson or having anyone else stalk him. By (he. Cov rt . ::r: IN THE COURT {F ClHlON PLEAS FOR CIlHBERLAND COUNTY Daniel Pollock, Attorney at Law by: Daniel Pollock Supreme Court I.D. No. 10::115 Cathy S. Wilson 1::11 Oak Hill Road Carlisle, Pa. 1101::1 In The Court of Ccmnon Pleas Plaintiff : For the 9th Judioal Distriot Cwrberland County v. . . Steven L. Wilson ::141 Greason Road Carlisle, Pa. 1101::1 Civil Term : Protection from abuse and : CUstody No. 95-::1::129 Defendant : NOl'ICE TO DEFEND You have been sued in Court. If you wish to defend against the olaims set forth in the fOllOWing pages, you must take action by appearing personally or with an attorney at the hearing scheduled for JUly 24, 1995 at 9:00 A.M. and presenting to the Court your defenses or objections to the olaims set forth against you. You are warned that if you fail to do so the oase may proceed without you and a judgement may be entered against you by the Court without fUrther notice for any money olaimed in the oomplaint or for any other claim or relief requested by the Plaintiff. You may lose money, property, or other rights important to you. YOU SHooLD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO Nor HAVE A LAWYER OR CANNOf AFFORD ONE, GO TO OR TELEPHONE THE CFFICE SET FORTH BELOW TO FIND OUT WHERE YOO CAN GET LEGAL HELP. COURT ADMINISTRATOR CIlHBERLAHD COUNTY COURT HOOSE FOURTH FLOOR CARLISLE. PA. 1701::1 (717) 240-6200 ANSWER TO PLAINTIFF'S PETITION FOR PRarECnON FRllf ABUSE AND CUSTODY CF MINOR CHIlDREN . CATHY S. WILSON, . IN THE COURT CF CCI1HON . Plaintiff PLEAS CF CUMBERLAND . COUNTY, PENNSYLVANIA . V. . NO. 95-3229 CIVIL TERH . STEVEN L. WILSON . PRarECnON FRllf ABUSE AND . Defendant CUSTOOY 1 . ADMITI'ED 2. ADMITI'ED 3. ADMITI'ED q. The general statements by the plaintiff are categorically denied. Iia. Admitted in part, Denied in part, Defendant denies dragging plaintiff from the restaurant on the night of June 9, 1995. Defendant saw the plaintiff at the restaurant in question, tapped her on the shoulder, and asked if he could talk to her outside of the restaurant in order to sort out what was going on. Plaintiff's new lover, Earl Austin, made a scene while the plaintiff and defendant were talking, and called the police. qb. Denied, on or about June 2, 1995, The Defendant becllll8 angry with his wife upon finding out that she was having an affair with another man. In Anger and Despair The Defendant had threatened to kill himself. llc. Admitted in part, denied in part. semetime during the month of Hay, 1995 The Plaintiff went into a rege over how the children were acting that evening. The Plaintiff had thrown their son, Hicheal, acrollll the living room of their heme into a wall, had wildly thrown the t.v. remote around the living room. Upon lIeeing these acts the defendant forced the plaintiff to the floor in order to Sit hlr from throwing the children and other objects around the livingroom and thereby preventing any serious injury to the defendant and the children. The Defendant released the plaintiff when she had calmed down when she ran into the bathroom. The defendant did not attempt to choke the plaintiff and is without knowledge as to the soreness and redness around the Plaintiffs throat and neck. 1kI. denied lie. admitted in part, denied in part, The Defendant has never laid a hand on the plaintiff in anger. The Defendant has taken out his anger with the Plaintiff on the walls of their heme by punching the walls. ( especially after finding out that the plaintiff was having another one of her love affairs with another man). The Defendant hes never sexually assaulted the Plaintiff. 5. Denied. The Plaintiff left the family residence at 81 Betty Nelson Court lot I 157, Carlisle, Pa. in order to pursue her love affair with Earl Austin, not to "avoid abuse from the plaintiff" . 6. Denied. The Plaintiff is not in any real danger of abuse frem the Defendant, B.Jt the Defendant is willing to abide by any order to stay away from the Plaintiff, as long as he is allowed to see his children, make arrangements to see his children, and that she and her new lover, Earl Austin stay away fran him. 7. Not Challenged, Defendant only wants the ability to maintain contaot with his ohildren. 8. Denied, The Defendant has not stalked or harassed the Plaintiff or her relatives. The only oontaot the defendant has made with the plaintiff was in attempt to get to see his children who are ourrently residing with the Plaintiff, especially Krystle Wilson. 9. Denied, The Defendant has many friends and relatives who work at the Plaintiff's plaoe of business with whan he has visited during lunoh hours. The Defendant does not wish to have any contact with the Plaintiff exoept to arrange to see his ohildren. 10. Denied. The Marital household has been vandalized sinoe the Plaintiff and Defendant have split up. The ololler/oaretaker of Betty Nelson Trailer Park is pressuring the Defendant's Mother, owner of record of the trailer, to remove the trailer frem the trailer park. It has been over 1 month sinoe the Plaintiff has moved out of the Family heme, whioh is more than enough time to remove her personal belongings from the Heme. Due to these oircumstanoes the Defendant wishes to remove all items of personality from the trailer to be put into a professional storage mall until the division of property is oanpleted. The location of this storage mall will be given to Plaintiff's oounsel within 24 hours of the items of personality are relocated to it. Interm support 11. Admitted, but so does the Plaintiff have a duty to support the minor ohildren. 12. 'lbe Defendant is currently employed by the King's in their landscaping busineas, and is currently looking for other work. 13. 'lbe Defendant's income is currantly insufficient to provide for his minimal needs and those of all of his children until such time as a support order is obtained from Danestic Relatioos. 111. Defendant ill without knowledge lID to Plaintiff's intentioos, but will cross-file against Plaintiff for custody and support. Since the children are split up among the parents and that parental income is minimal we ask that no support be granted until such time as final custody is ordered. ATIORNEY FEES 15. Defendant's attorney is acting in a Pro-Bono Capacity in this matter upon a referal from Legal Services Inc. due to his inability to afford an attorney according to their income schedule. Therefore we ask that no attorney's feea be granted to Legal Services, Inc. TEMPORARY CUSTCDY 16. The Plaintiff's wish to have temporary custody of the children mentioned is to be challenged. The Defendant askes for temporary custody of Micheal and Krystle Wilson. We Stipulate to the Plaintiff's version of who lived where with whom. 17. The Defendant nor the Plaintiff ( according to her complaint) have partticipated in any other litigation concerning Micheal and Krystle Wilson in this or any other Court. 18. The Defendant nor the Plaintiff ( according to her complaint) has no knowledge of any other custody proceedings concerning Micheal and Krystle Wilson before this or any other court. 19. The Defendant Nor the Plaintiff ( according to her complaint) has any knowledge of a person not a party to this aotion who has or claims to have any custody or visitation rights with respect to the Micheal or Krystle Wilson. 20. The best interest of the children mentioned in this answer, Mioheal and Krystle Wilson, would be satisfied if the Defendant, Steven Wilson, is awarded teJqlorary oustody of Micheal and Krystle Wilson Pending a hearing on this matter for the following reasons: A 1. Cathy Wilson has been an irresponsible parent who has beaten her children with leather belts on a regular basis sometimes for no disciplinary reason at all. 2. Cathy Wilson has abandon these two childern at least three previous times in order to pursue extra-marital love affairs. j. Cathy Wilson's current lover, Earl Austin, has made verbal threats to Micheal Wilson involving Physical Violence. II. Cathy Wilson has been known to use illegal drogs in the home. She often will wear sunglasses to cover up her bloodshot eyes, recieved as a result of doing illegal drogs. 5. Cathy Wilson has made verbal threats to kidnap Micheal Wilson who is currently in the care of his father, The Defendant, Steven Wilson. 6. The Plaintiff, Cathy Wilson has shown by her actions listed in sub-paragraphs A1-5 that she is an unfit mother, these actions of hers have affected Micheal and Krystle Wilson negatively. 7. Therefore we pray to this Honorable Court that temporary oustody is given to the Defendant Steven Wilson. B. The Defendant denies ever having abused the Plaintiff, Micheal or Krystle Wilson. C. The Defendant denies that his behavior has adversly affected Micheal or Krystle Wilson, By Further answer Defendant states that his behavior has been the only semblance of stability that Micheal and Krystle Wilson Have Known. D. The Defendant Admits that he did wrong by his Daughter, Angie Wilson about 10 Years ago, for which he did about 2 years in CUmberland County Prison. She has been in the care of her maternal grandparents ever since, this is where the Defendant wishes that she stay because she has formed ties to her maternal grandmother and the neighborhood in which she now lives. The Defendant has done his time, realized wIuIt he did to Angie was wrong, and has attempted to live a productive live ever since being released from the CUmberland County Prison. \oA1erefore, Pursuant to the Provisions of the "Protection from Abuse act" of October 7, 1976 2j P .5. 6101 et sea., as amended the Defednant prays to this Honorable Court for the Following relief: A. Grant a Te~rary Order Pursuant to the "Protection Fran Abuse aot" against both the Plaintiff and Defendant Based on the Plaintiff's ooqllaint and the Defendant's Counter-olaim. 1. Order that the Parties refrain from abusing eaoh other and fran putting eaoh other in fear of abuse. 2. Ordor that there is to be no contaot, direot or indirect, between the Plaintiff and the Defendant or people aoting on their behalf, inoluding but not limited to telephone and written oCXlll1lnioations, except to make and facilitate oustody arrangements. ~. Order that Both parties, and their agents, refrain from stalking and harassing either one of the parties friends and relatives as well as the children of the parties. 4. Ordering that both parties stay away from each others current residence and any other future residenoe exoept to transport the children to and fran suoh residenoe. 5. Ordering that the temporary custody of the minor ohildren be granted to the defendant. 6. Ordering support to the defendant and minor children in aooordance with the support guidelines payable to the defendant in the form of a check or money order mailed to the defendant's address or through the Domestic Relations Offioe for cumberland County. If the children are split up between the Plaintiff and Defendant, (as they currently are) we ask that no support be granted to either the plaintiff of the defendant. 7. Deny any requests for attorney's fees for Legal Services, Ino. Representation for the Defendant was found through a referal from Legal Services Inc. and Is being handled on a Pro-Bono Basis. 8. Deny Plaintiff's request that the defendant refrain from entering the Plaintiff's Place of B.tsiness. The Defendant has many friends and relatives who work at Ross Hanufaoturing( where the Defendant was last known to work) and has been known to meet them for lunch and to go out after work. 9. Deny Plaintiff's request not to remove any jointly owned property fran the former marital address. The Former Marital home is a mobile home located in Betty Nelson Trailer Park located outside of Carlisle, Pa. Sinoe the parties have split up, the Mobile home has been vandalized by haVing the windows broken, trespassers breaking lightbulbs and tearing up the linoleum, among other damage. At the ourrent time the Management of Betty Nelson Trailer Park is telling the O\orIer of the Mobile Hane, The Defendant's Mother, that they want the former residence moved out of the Trailer Park. Therefore we pray to this Honorable Court that the Defendant be allowed to remove III items of personality from the former residence and place them into a storage unit in order to protect whatever personal assets are still in the former marital residence until such time as the distribution of property is ordered. The storage unit's location will be disclosed to the Plaintiff's counsel within 24 hours, or by the end of the next business day, whichever is later. COOtrr II CUSTOOY UNDER PENNSYLVANIA CUSTOOY LAW 21. The allegations and answer of count 1, paragraghs 1-20 inclusive are incorporated by reference. 22. The Best interests of the Micheal and Krystle Wilson concerning their permanent welfare will be best server by confirming custody in the defendant for reasons stated in Paragraphs 16- 20(C). Therefore we Pray that this Honorable Coort Pursuant to 2.:1 P.S. 5.:lO1 et sec. and other applicable rules of law awards custody of Hicheal and Krystle Wilson to their Father, the Defendant, Steven Wilson. WE also Pray for whatever other relief as may be just and proper. Respectfully Submitted, ~~~ Daniel Pollock, Esq. Attorney for Defendant Steven Wilson Daniel POllock, Esq. .:1105 Old Gettysburg Road Camp Hill, Pa. 17011 SUper. Ct. Id. 70.:115 (717) 7.:17-7566 '", CATHY S. WILSON, Plaintiff IN TIlE COURT IF CalHON PLEAS IF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-.1l229 CIVIL TERM PROTECTION FRCM ABUSE AND CUSTCDY V. . . STEVEN L. WILSON Defendant COUNTERCWM PROTECTION FROM ABUSE RELIEF UNDER TIlE PROTECTION FRCM ABUSE ACT 2.1l P.S. 6101 ET SEQ. 1. The Plaintiff, Cathy S. Wilson is an adult individual currently residing at 1.1l1 Oak Hill Road, Carlisle, Pa. 1701.1l located in Cumberland County, Pa. 2. The Defendant, Steven L. Wilson is an adult individual currently residing at j41 Greason Road, Carlisle, Pa. 1701.1l located in Cumberland County, Pa. .1l. The Plaintiff and Defendant are husband and wife. 4. Over the past several mooths fran today including the last months that the Plaintiff and Defendant have been living together, the Defendant, Steven L. Wilson has been subjected to physical and mental cruelity by the Plaintiff, Cathy S. Wilson. This abuse includes but is not limited to tantrums thrown by Cathy Wilson which results in her bouncing the children off of the walls, (literally) throwing objects at the children and at Steven Wilson, and committing adultery against Steven with her new boyfriend, Earl Austin. 5. Before and after the separation of the Plaintiff and Defendant, the Plaintiff had been responsible for the destruction of the value of the trailer that was their home by tearing up the -- linoleum, breaking the windows, and breaking several of the light bulbs and light bulb sockets in the trailer. 6. Since the Plaintiff and Defendant have separated the Plaintiff, Cathy Wilson and her boyfriend, Earl Austin have been spotted throwing eggs at the Defendant's current residence, hitting some of the cars parked in the driveway. 7. The Plaintiff has been spotted since separating from the Defendant stalking him while he is home and threatening to kidnap their son Micheal from the care of the Defendant. 8. The defendant believes that he is in immediate clear and present danger of abuse from the Plaintiff and that they are in need of protection from such abuse. 9. The Defendant wishes that the Plaintiff be prohibited from having any direct or indirect contact with the Defendant including, but not limited to, telephone calls, and any written communications, except for the express limited purpose of arranging for the weekly visitations of Micheal and Krystle. Respectfully submitted, q~p~ Daniel Pollock, Esq, Attorney for defendant Steven L. Wilson Daniel Pollock, Esq. j105 Old Gettysburg Road Camp Hill, Pa. 17011 SUper. Ct. Id. 70j15 (717) 7j7-7566 Defendant I verify that the statements made 1n this answer and counterolaim are true and correct. I understand that false statements made herein are subject to the penalities of 18 Pa. C. S. 4904 relating to unsworn falisifioation to authorities. ~ :;t /J...JJ~ ., .. On JUly 20, 1995 A True and Accurate Copy of this answer and counter claim was hand delivered to the Attorney for the Plaintiff at the following address: Legal Serv ices IDc. 8 Irvine Row Carlisle, Pa. 1701j ~~ ~PL Attorney at Law ~ - ::a If> :t' !3 >. >- .r .._ ..,-.. \_.' \.11:;" ~~. ~" ~-' I,. Y .:J'. ,. , - ("'ooJ -' -9 , ( ~; " 'C.'-' _4 '. . . . " JUL 2 4 19f.?.-/ COMMONWEALTH , , , , , . IN THE COURT OP COMMON PLBAS OP CUMBERLAND COUNTY, PENNSYLVANIA 1995-53329 V STEVEN r.. WILSON IN RE, BENCH WARRANT /' ORDBR OP COURT a.m., a bench warrant is issued for the arrest of the defendant. AND NOW, this 13th day of October, 1995, at 10,15 By the Court, \I Thomas Placey, Esquire Sr. Assistant District Attorney /'- Probation --;;<, L' A d Kevi~.A. Hess, J. ,bg ...r') = - ='r:: ....~ '" (,., ~. - - , I.: r- i:"l <-..1 ;:.> c' '- ~ = Q \0 ~ !:: c.:o ,~ t_ =;:1:0 ;pr" ;-: Q 1,.-, - i~ ~:'l ::~I: T' <.n "j C'.I,--: ,.) '"'<.--. ~U 'B ~': ,.'5: !.~r' -.. ''''2 ~c: f2 u .....~; :;;,! ~ :...> '0 ~ I~ COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TERM & NO. 1995-53329 / STEVEN L WILSON CHARGE: OTN: AFFIANT: CASE TRANSFERRED FROM CIVIL DIVISIO IN RE: RULE TO SHOW CAUSE ORDER OF COURT AND NOW, September IS, 1995, in consideration of the attached petition, the court issues a Rule to Show Cause on the defendant why he should not be adjudged in contempt of court for failing to pay the sums set forth in the petition. The Rule is returnable and the hearing shall be held on October 13, 1995 at 9:30 AM in Courtroom No.4, of the Cumberland County Courthouse, Carlisle, Pennsylvania. Service of the petition to be made on the defendant by Certified Mail, Return Receipt Requested and by regular mail. By the court, District Attorney's Office Public Defender's Office .4/1- '" .. ;;~ :.~' 1:--" V> ra c'-.. = ','1 , e.-j 111 VI -0 - u::> ,:r Probation Office o ., COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TERM & NO. PROB. NO. CHARGE: OTN: AFFIANT: 1995-53329 STEVEN L WILSON CASE TRANSFERRED FROM CIVIL DIVISIO IN REI PETITION FOR RULE TO SHOW CAUSE WHY THE DEFENDANT SHOULD NOT BE HELD IN CONTEMPT OF COURT AND NOW, September 15, 1995, the Probation Office of Cumberland County, respectfully petitions Your Honorable Court to issue a Rule why the defendant should not be held in contempt of court. The defendant has failed to comply with the Court Order dated 7/24/1995. The defendant has failed to: 1. Report to the Probation Office in person at the time and date set by the Collections Officer. 2. Make regular payments on the fines, costs, and restitution as agreed. 3. Other: The defendant has agreed to pay $.00 per month. Date last paid was 0/00/0000. The balance is $91.86. Therefore your petitioner prays this Honorable Court issue why the defendant should not be held in contempt of court:.~ ~.., a Rule (/) to - c::J Respectfully submitted, (:) <.:\ "" ) 0'/:7 /':: J:/l.'t'~ __" - ,-' . (-~l' "... (~..... "- ~ Petitioner ~ /.t,~/M".~~..;,,~~ Deput Clerk of Courts ...-; Cl '-"I (") ~ co ... ;1 J "T'(:'.: !':r.J t!,1fJ . , 'r-- ... ~ ~'I "'::1 .:..1.. tJ' ,C t.'; :l,~ t:( i:-~'~ -"1"1 "';~ ; ,:"::'J ~ . (h .,.;;:{,.) ::~t"; g ;..-rn ,.J -, ....,.. :.! :.) ~~ 1'-' ... , , , io-...... ~- -'--~.-........- --:---"-.~ I, .- ~ r-. CATHY S. WILSON (AUSTIN). : IN TilE COURT OF COMMON Pl.t:AS OF P1alndrr/Reapondent : CUMBERlAND COUNTV. PENNSYLVANIA . . V. : CIVIL ACTION - LAW . . STEVEN L. WILSON, DefendantJPeddoner : NO. 95-3329 . . : IN CUSTODY ORDER OF COURT AND NOW. this :s day of ~rr<\h-\ . 1998. upon consideration of the attached Petition to ModifY Custody Order. It is hereby directed that the parties and their respective counsel shall appear before \- ' . the Conciliator, at ~ " . ,e... on the Q day of j-r.., nD::L-, 1999 at ," o'cloclll. 10., fora Pre- Hearing Custody Conference, At su\:h conference, an effort will be made to resolve the Issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may also be present at the Conference, Failure to appear at the Conference may provide grounds for entry of a temporary or pennanent order, FOR THE COURT, BY:~~"\(=>,\}. V. J-.\~~&J,. Custody Conciliator C~ ) The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least.72 bours prior to any hearing or business before the court. You must attend the scheduled conference or bearing. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 .' n' F;.r~i~'"';":~:;:';H to.", ""'I \ 0 \," ?: ~"J ~.',,", ....- . . "r!" C",:) ,. :, ,..\1..1 .",1.", ..J- . Ft:.. .l,'.:~'n~:, : ~:,.\ //.~ .ff tY.~./H~~ 17 df ~ /1' II).ft 7b~ /11;.!j;/ ~ 41- J/' II) y( ~fl/ /410/ ~ W' .~,. fA- -../ '-J ,I.."". CATHY S. WILSON (AUSTIN), : IN THE COURT OF COMMON PLEAS OF "'alntlfflRespondent : CUMBERLAND COUNTV,PENNSYLVANIA V. : CIVIL ACfION - LAW : : NO. 95-3319 : : IN CUSTODY STEVEN L. WILSON, Defendant/Petitioner PETITION FOR MODIFICATION OF CUSTODY ORDER TO THE HONORABLE. THE JUDGES OF SAID COURT: AND NOW, comes Petitioner, Steven L. Wilson. by and through his attorney, Jacqueline M. Verney, Esquire and respectfully represents the following 1. The Petitioner is Steven L. Wilson. who resides at 139 Wildwood Lane, Newville, Cumberland County, Pennsylvania, 17241. 2. The Respondent is Cathy S. Wilson Austin, who resides at 131 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. An Order of Court was entered on July 24, 1995 for custody of Michael Alan, DOB 11/8/87, and Krystle Sue Wilson, DOB 3/27/86, a true and correct copy of which is attached hereto as Exhibit "A". The Order provided Mother with primary physical custody. 4. The Order should be modified because Cumberland County Children and Youth Services recently removed Krystle from Mother's residence because of alleged abuse by Mother's husband. Petitioner fears for the safety of Michael remaining in Mother's home. S. It is in the children's best interests to modifY custody because: ! , r-i ! . \ \ a. Petitioner can provide a loving, caring, safe. and nurturing environment for the children, 6. Petitioner requests that the Order be changed to provide for Petitioner to have primary physical custody, with Respondent having periods of partial physical custody. WHEREFORE, Petitioner requests that the Court modify the existing Order for Custody because it will be in the best interest of the children, Respectfully submitted: Date: Itj:l/'ld' i- ~~ acq line M, Verney, Esquire Supreme Ct.1D 23167 44 South Hanover Street Carlisle. PA 17013 (717) 243-9190 Attorney for Petitioner \ , \ 1 , . I VERIFICATION I verifY that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. //-~-~ Date ~~ 41j~ Steven L. Wilson ~ I""'-, CATHY S. WILSON, I IN THE COURT OP COMMON PLEAS OP Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA I V. I CIVIL ACTION - LAW I 95-3329 CIVIL TERM STEVEN L. WILSON, I Defendant I PROTECTION PROM ABUSE & CUSTODY IN REI PROTECTIVE ORDER & CUSTODY ORDER OF COURT AND NOW, this 24th day of July, 1995, after hearing, it is ordered and directed that the defendant, Steven L. Wilson, pay the costs of these proceedings together with a Rurcharge of $25.00. It is further ordered and directed that he is hereby enjoined from physically abusing the plaintiff, Cathy S. Wilson, or placing her in fear of abuse. He is ordered to stay away from the plaintiff's residence except for the limited purpose of transferring c~stody of the parties' children. He 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 or stalking the plaintiff or from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment or the premises ther~of. He is further enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the c J( "I./" ~ I""'. plaintiff. one year. to, This order ehall remain in effect for a period of A violation of~is order shall subject the defendant: 1. An arrest under 23 Pa. C.S.A 6113. 2. A private criminal complaint. 3. A charge of indirect criminal contempt punishable by imprisonment of up to six months and a fine of not less than $100.00. 4. civil contempt. The resumption of co-reeidence on the part of the plaintiff and defendant shall not nullify the provisions of this court order. The Pennsylvania State Police and the Carlisle Police Department shall be provided with a certified copy of this order by the plaintiff's attorney. This order shall be enforced by any law enforcement agency, where a violation occurs, by arrest for indirect criminal contempt without warrant upon probable cause that this order has been violated, whether or not the violKtion is committed in the presence of the police officer. In the event an arrest is made under this eection, 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. ~ -- Pending conciliation and/or further Order of the Court, custody of the child, Michael, ehall be shared between his father and hie mother. Michael remaining with his father until Saturday, July 29th, 1995, at 6:00 p.m., and thereafter be transferred to the cuetody of his mother until Saturday, August 5th, 1995, at 6:00 p.m., and so forth thereafter alternating weeks with each parent until the commencement of the school __ "lIaw-. h ...,,_ year. Thereafter primary physical custody of the child, Michael, to be in his mother subject to alternating weekend visitations with hie father from Friday at 6:00 p.m. until Sunday at 6:00 p.m. commencing with the first weekend following the commencement of the school year. Temporary custody of the child, Krystle, shall be in her mother subject to righte of partial custody in the father every other weekend as the parties shall agree, preferably at times when the child, Krystle, and Michael, shall be together. The Court notes that this custody order is a temporary order only, that it is without prejudice to the parties to seek full hearing before a conciliator and/or before the Court of Common Pleas. Primary physical custody of the child, Angie, ahall be in her mother. By the Court, ~11~ . r; ~ C") ~ N 1- .. :J ~~ N 0:1; ItO :c ':):~~ -l CL, ".,~ ~~ ;~:. s:: N ::,. (/) .. I ~~ ii: \;' >- ini'fJ r-" 0 'flO- ~ ;;?: ~ CXl ::l C7' U '. ." lAW OFnCl OF Jacqueline M. Verney NLJ. ...1 l~~13fP 441.HANlMRST.. CAAUSll,PA1701l. (717)24].9190' rAX(717) 24].]S18 .. '. ./MI i"1 "I""~J-, .. ,-." ))JI"" CATHY S. WILSON (AUSTIN), Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION. LAW : NO. 95 . 3329 CIVIL IN CUSTODY v STEVEN L. WILSON, Defendant COURT ORDER AND NOW, this If"' day of January. 1999, upon considemtion of the attached Custody Conciliation Report, it is ordered and directed as follows: I. This Court's prior Ordcr of July 24, 1995 is vacated, 2. The Father, Stcven L. Wilson and the Mother Cathy S. Austin shall enjoy shared legal custody of Michael Alan Wilson, born November 8, 1987; and Krystle Sue Wilson, born March 27,1986. 3. The Father shall enjoy primary physical custody of the minor children. 4. The Mother shall enjoy periods oftempol'll1}' physical custody as agreed upon by the parties. 5. In the event the Mother is dissatisfied with the amount of periods of tempol'll1}' physical custody that is afforded to her by the Father or in the event the Mother in any way desires to modifY this order, Mother may petition the Court to have this case again scheduled for a confcrence with the Custody Conciliator. BY THE COURT, cc: Jacqueline Verney, Esquire Cathy S. Austin J. 'pS/9'1, ~.T. ,,_. '1" .,\ ':" "";n .. ,.' "., l, r:~' '. CATIIY S. WILSON (AUSTIN). Pluintifi' IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION. LAW : NO. 95 . 3329 CIVIL IN CUSTODY v STEVEN L. WILSON. Defendant Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b). the undersigned Custody Conciliator submits the following report: I. The pertincnt information pertaining to the children who are the subject of this litigation is lIS follows: Michael Alan Wilson. born November 8. 1987; and Krystle Sue Wilson. born Mnrch 27. 1986. 2. A Conciliation Conference WIIS held on Janulll)' 8. 1999. with the following individuuls in attendance: The Mother. Cathy S. Austin. who appeared without legal counsel; and the Father. Steven L, Wilson. with his counsel. Jacqueline Verney. Esquire. 3. The parties reached an agreement in accordance with the attached proposed order. ~ . i