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HomeMy WebLinkAbout95-03549 l c' .; ~ J ~ J ~ ::t- Lo (Y): , o Z '11~;..:~~~.,~.;i_.~ .:, )'7:A:~;;;il'l '!{i:jF':',-~" !~J IIMHi I!OW , . i'. ,:\:tj;;" ~f1,{S~. -1l=-r_1m;~';htt '";';',,<"",,- , ~~''II.""" - "',- ''W~t?f\:~~\/7'~~-m\, .,'- vi.'m: "",,lit, .1 ~it~t~;~:l/;r /1} ;c; fr- :,~ .-, ." ~\ - - c ~t' 7", '.- i;~:i;.'~ < ... . ~ r , ,.... , .' \ Deanna L. Holley, Plaint i ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-~d} CIVIL TERM v. Vance 0, Coffey, Defendant PROTECTION FROM ABUSE AND CUSTODY I~MeQB~RY_PRoJ~QIIQN 9BPfR AND NOW, this __~;'J.'( day of July, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Deanna L. Holley, temporarily residing at 1433 Bridge st, New Cumberland, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Vance D. Coffey, the following Temporary Order is entered. The defendant, Vance D. Coffey. SSN: unknown and DOB: 8/2/56 now residing at 216 Market Street, West Fairview, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Deanna L. Holley, or placing her in fear of abuse. The defendant is excluded from the plaintiff's residence located at 216 Market Street, West Fairview, Cumberland County, Pennsylvania, a residence which is Jointly leased by the parties. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. The defendant is enjoined from harassing nnd stalking the plaintiff and from harassing the plaintiff's relatives, 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 to: i) arrest under 23 Pa. C.S. 66113: ii) a private criminal complaint under 23 Pa. C,S. 66113.1; Iii) a charge of indirect criminal contempt under 23 Pa, C.S. 66114, punishable by imprisonment up to six months and a fine of $100,00-$1,000.00: and Iv) civil contempt under 23 Pa. C.S. 66114,1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the prOVisions of the court order, This Order shall remain in effect until modified or terminated by the Court after notice or hearing and, can be axtended beyond the original expiration date 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 Nicole Lynn Coffey, is hereby awarded to the plaintiff, Deanna L. Holley. This Order shall remain In effect until modified or terminated by the court after be held on this matter on the notice l~ I/. or hearing. A hearing shall day of _~-l!..'~(+~~- I , " No..l., Cumberland County 1995, at~~~~:!_.:......m" In Courtroom 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 mai 1. The West Fairview Police Department will be provided with certified copies of this Order by the plaintiff's attorney, This Order .hall 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 policl,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 appropriata district Juetice, (23 P.S. 6 6113), By the Court, .. -f A J.- -. Ju'go c.... c.:~ .~~--! r:,Hj;1., IJ ~:~\:' ;; "L!~t. "'11 l.,,)n"i P:;ti:~- ,..l":. ',", fJ .. ~ .. j . , ...'" ..._~, .., :1 '" tr ~ w - ~ C':iJ , . 1jI Deanna L, Holley, Plaintiff IN THE COURT OF COMMON PLEAS OF i I ~ CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 95- CIVIL TERM Vance 0, Coffey, De fendant PROTECTION FROM ABUSE AND CUSTODY NOT ICE 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, fEELMfILCO!iI~ If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you, You may olso be required to pav attorney fees to Legal Services, Inc, for their representation of the plaintiff, You should toke this paper to your lawyer at once. If you do not have 0 lawyer or cannot offord one, go to or telephone the office set forth below to find out where you can got legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 A.MER I CAN.!LW.lI!LIHQ/I.RU ITJJ;ILAIlLQf_L99Q 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. You must attend the scheduled conference or hearing. Deanna L, Holley, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA plaint i ff. v. CIVIL TERM NO, 96- Vance 0, Coffey, Defendant PROTECTION FROM ABUSE AND CUSTODY P.HH tQtLfQRERQIJ:J!UQIiQRPEA MilL Cll~IQDY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 P.S. 6 6101 et seq. A Lu.AB\HtE. 1, The plaintiff, Deanna L. Holley, is an adult individual residing at 216 Market street, West Fairview, Cumberland County, Pennsylvania . 2, The plaintiff is temporarily staying at 1433 Bridge Street, New Cumberland, Pennsylvania, for her own protection and to avoid further abuse as is more fully set forth herein, 3, The defendant, Vance 0, Coffey, SSN: unknown and DOB: 8/2/56, is an adult individual residing at 216 Market street. W. Fairview, Cumberland County, Pennsylvania, 4, The defendant has had nn intimate relationship with the 5, Since approximatelY 1992, the defendant has attempted to causa and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminsnt 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 reasonable fear of bodily injury. This has Included, but is not limited to, the following specl fie instances of abuse: a. On or about June 23, 1995, the defendant became angry and threw several toys and medication at the plaintiff hitting her In the back. When the plaintiff told the defendant that she and their daughter were going to leave him. he threatened their lives, stat ing that If anyone left it would be in a body bag, The plaintiff, fearing for her safety, went outside. The defendant grabbed the plaintiff by hAr chin while she was sitting on the porch and pushed her head against the wall, The defendant got In the t ruck of a friend, picked up a handgun, pointed It at the plaintiff and her daughter, and left. After the plaintiff and her daughter were In a safe location, the plaintiff called the West Falrvlew Police, The plaintiff filed simple assault and terroristic threat charges against the defendant. b. On or about December 25, 1994, the defendant grabbed the phone from the plaintiff and threw it her, hitting the plaintiff in the mouth and chipping her front tooth. c. Since 1992, on approximately a monthly basis, the defendant has grabbed, shoved, slapped, punched, restrained, and choked the plaintiff. The defendant has also witheld the plaintiff's medication and on several occassions, ripped her clothing off her, causing her to fear for her safety. 6, On or about June 23, 1995, the plaintiff and the minor child left their residence at 216 Market Street, West Fairview, Cumberland County, Pennsylvnnin, in order to avoid further nbuse. 7, The platntiff belteves and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home without the defendant's exclusion, and that she is in need of protection from such abuse. 8, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not 1 imited to, telephone and written communications, 9, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, 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, ~L EXCLUSIVE P9SSES~1~ 11. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the names of the part tes. 12. The plaintiff currently has no permenant place to stay with her child except the mutual home, and the defendant has family and friends in the area with whom he can stay, 13. The plaintiff desires possession of the apartment so as to give the greatest degree of continuity to the life of her chi 1 d, lk _ SUepQRI 14, The defendant has a duty to support the minor child. 16. The plaintiff is in need of finl\nc1al support from the defendant including, but not limited to: rent on the residence at 216 Market street, West Fairview, Cumberland County, Pennsylvania, 16, The defendant is employed at Kitzmiller Painting, and has salary of approximately $200 a week, 17, The plaintiff currently has no income to provide for the needs and of her child until such time as a support order can be obtained by filing at the Domestic Relations Office, 18. The plaintiff intends to petition for support within two weeks of the issuance of a protection order, IL_ J.TTQRHI;LH..ES 19, The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc, E-L---1f!~fQB~-HY_Q\)IHQID' 20. The plaintiff seeks temporary custody of the folloWing ch 11 d : NII1lI f'ul!!lnLRD-!lJ!t!lfi!H! A9Jl Nicolo Coffey 143~ Bridge Btreet New Cumberland, PA 3 yrs. The child was born out of wedlock. The child is presently in the custody of the plaintiff, who temporarily resides at 1433 Bridge Street, New Cumberland. Since her birth the child has resided with the follOWing persons and at the following addresses: NAID.ll A!lJlrll.llUlI Dlltu plaint i ff, defendant 267 Briggs Street Harrisburg, PA 4/28/92~10/92 plaint i ff, defendant 216 Market street W. Fairview 10/92-6/23/95 plaintiff, Amy Oluvine (plaintiff's daughter) 1433 Bridge Street 6/23/95-present New Cumberland The mother of the child is Deanna L, Holley, currently residing at 1433 Bridge Street, New Cumberland, Pennsylvania. She is single. The plaintiff currently resides with the follOWing persons: .fiIung R.lUAti.Qn!!.hi1! Amy Oluvine Nicole Coffey daughter daughter Tha father of the child is Vance D. Coffey, currently residing at 216 Market Street, West Fairview, Pennsylvania. He is divorced, The defendant currently resides alone 21, The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court, 22, The plaintiff has no knOWledge of any custody proceedinga concerning this child pending before a court in this or any other jurisdiction, 23, The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 24, The best interest and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a, The plaintiff is a fit parent who can best take care of the minor child. b, The defendant has shown by his abuse 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, 6 6101 II ng., as amended, the plaintiff prays this Honorable Court to grant the folloWing relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1, Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse: 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications; 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiffi 5, Granting possession of the apartment located at 216 Market street, West Fairview, Cumber1snd county, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter: 6, Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself: 7, Granting temporary custody of the minor child to the p1aintiffi B. Schedule a hearing in accordance with the provisions cf 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 or placing her in fear of abuse; 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not 1 imited to, telephone and written communications: 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff: 5, Granting possession of the apartment located et 216 Market street, West Feirview, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 7, Granting temporary custody of the minor child to the plaintiff; 8. Granting support to the minor child in the amount of $45,00 per week, payable to tha plaintiff in the form of a check or money order and mailed to her residence and directing tha defendant to continue to make rent payments on the residence of the plaintiff, 9, Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. 10. The plaintiff further asks that this Petition be filed and served without pre-payment of feee by the plaintiff, and that certified copies of this Petition and Order be delivered to the West Fairview Police Department who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CU~IQj)'tJmDER PENN6Yl-VAN fA CUSTODY J..AW 25, The allegations of Count I above are incorporated herein as if fully set forth. 26. The best interest and permanent welfare of the minor child will be served by confirming custody 1n the plaintiff as set forth in Paragreph # 24 of the Petition, WHEREFORE, pursuant to 23 P,S, 6 5301 ~1 j~g" and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her, The plaintiff prays for such other relief as may be just and proper, Respectfully submitted, / ~~9~(t " Attorney for Plain iff LEGAL SERVICES, INO. a Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named Plaintiff, DEANNA L. HOLLEY, verifies that the statements made in the above Petition are true and oorrect. Plaintiff understands that false statements herein are made sUbject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. Datal -'\"~ " ,.yl. \: jO IC( ((5 I f.~.. f~ \..U 0".'1 ill l... t-: ~ ~. . w Di1\!lnnl..I'19IIIlY- d IN THE oo..m OF CXM<<JN PLEAS OF aH3ERLAtI) CXlMTY. PEtN)YLVANIA No. 95-354~,._.,.___... . ___J:l!lli1tjlL..,-----.----- VB. --.---- YlUCL.D._!:91JIY ....- ...--- ._____. ____.__.DM.mQft!11-...-------- .Hu. _.JmEC1~1Qj/1T~QtL . ,., ___ .__IMlllAinil1LiO-1hQ,IIQQYt!:g!!R1iQ!1lUI...QBIfl..!!!!llllliB that thB IQffiJlQrMY P.IQ1!lct1.ROQrgQr_.mt!!r!!g-Ql1_..!YIY-.3,_U1~5 .l!!! _wHhdr8W11 ...Jbi._QrW__ Y./!!<8 tBd!ID!Ltl1!1t . f1Q JyrU1$rJ!!9!11!!l;;t tQ!1...l!!Lm!rl!Y!3d ...l!Lc;QY!1l!!!L _____....__._____...__..-___..'._._ ___ _. .. ____.w____. ..._._ ,.___ -- .-_.-- --....---.-- --..---.-..-.-- .-. ---------.-.--------- ...- __.__._~.._ -.-...-------.-----------_____.4...---.- To.J.Jwrence E. WtJ.lstr__ Prothonotary ------.---- . 19&.5 J 1l~ lL .J~ll - carey~. Attorney. Plaintiff /~~ (:! ~ I~- , ~ ill- ;;,- -, tr - - ~ >f '10, w lit ~ ~ No. 9li:1li40______, Term, 19l!l.. Deanna L, JiQJJft. I Plainti11, VB. Ym<;Q ..121. .c9f,ID__ ___,...Qft1llmlA01 P RAE C I P E Filed J..41Y~._______ 1!!Dli Joan...QMllY______, Atty. 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