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Home My WebLink About95-03708 l.. ~ ~ . I/J 7 v 1; & €: ~ J 00 o [' (Y)! I v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95- 370S-CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY Jan M. Foster, Plaintiff for herself and on behalf of her minor children: Nastasha Foster Chelsea Foster, Carel 0, Foster, De fend ant AND NOW, t his TEMPORARY PROTECTION ORDER .,'f1\. I v day of July, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Jan M. Foster, and the minor children, now residing at an undisclosed residence, are in immediate and present danger of abuse from the defendant, Carel D. Foster, the following Temporary Order is entered, Law enforcement agencies, human service agencies, and school districts shall not disclose the presence of the plaintiff and the children in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff and children except by further Order of Court, The defendant, Carel D. Foster, SSN: 192-50-2278 and DOB: 11-16-64 now residing at 207 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Jan M. Foster or the children, or placing them in fear of abuse. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff or the minor children _';', i,. LJ '.; l.' L.')\. '. ,'."j 56. Hr; r,s 9 ZI,nr including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements, The defendant is enjoined from harassing and stalking the plaintiff and from hBrassing the plaintiff's relatives, or the minor children. The defendant is enjoined from entering the plaintiff's place of employment or the schools and the day care facilities of the minor children. 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-residBnce 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 its 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 Nastasha Foster and Chelsea Foster, is hereby awardBd to the plaintiff, Jan M. Foster. This Order shall remain in effect until modified or terminated by the court after notice or hearing, A hearing shall ') 11<.. 11,'00 be held on this matter on the ,.() day of July, 1995, at L ~.m., in Courtroom No.~, Cumberland County Courthouse, Carlisle, Pennsylvania, The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall 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 New Cumberland, West Fairview, and Harrisburg City Police Departments will be provided with certified copies 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, Ii 6113). , Judge Jan M, Foster, Plaintiff for herself and on behalf of her minor children: Nastasha Foster Chelsea Foster, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 95-,~,f CIVIL TERM v, PROTECTION FROM ABUSE AND CUSTODY Carel D. Foster, DBfendant NOT ICE You have beBn 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. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney 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 11013 TELEPHONE NUMBER: (111) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of common Pleas of Cumberland County is required by law to comply with the AmericBns 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 12 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 95-37of CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY Jan M, Foster, Plaintiff for herself and on behalf of her minor children: Nastasha Fostel' Chelsea Foster, Carel D. Foster, Defendant PETITION FOR PROTECTION ORDER ANILCWSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 P.S. fi 6101 et seq. A. ABUSE 1. The plaintiff, Jan M. Foster, is an adult individual residing at an undisclosed location. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 3, The defendant, Carel D. Foster, SSN: 192-50-2278 and DOB: 11-16-64, is an adult individual residing at 207 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 4. The defendant is the husband of the plaintiff. 5, Since approximately 1989, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to 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 a. On or about July 4, 1995, the defendant woke the plaintiff at 2:00 a.m., demanded that she make breakfast for him and when she refused, the dBfandant became angry, and punched her in the head twice. The defendant backed the plaintiff up against the wall and stomped on her bare foot, ordered her to sit at the kitchen table with him, called her names, and hit her in the head. The defendant then forced the plaintiff into the bedroom, grabbed her by the hair, pushed her head down, and punched her in the head twice and grabbed her by the hair, twisting her neck. When the defendant passed out, the plaintiff left with her children, reported the incident to the New Cumberland Police and went to her parent's house with her minor children to escape further abuse. Later that same morning, the defendant forced his way into the plaintiff's parent's house, causing her to fear for her safety and that of her children and contact the police who made the defendant leave the residence, b. On or about May 14, 1995, the defendant became angry, grabbed plaintiff by the hair, punched her in 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 specific instances of abuse: the head, grabbed her, threw her onto the floor, and defendant kicked her in her side, back, and thighs repeatedly, When the plaintiff told her children to go upstairs, the defendant ordered them to stay and watch, causing them to fear for their safety. While the defendant kicked and punched the plaintiff he said to the eldest daughter, "Look what your mother makes me do; I hope you don't act this way when you get a boyfriend or he'll have to put you in your place." c. Since approximately 1989, after his release from prison for aggravated assault, the defendant has threatened the plaintiff on a bi-monthly basis by making statements including the following: the only way out of the relationship is in a body bag; that she will end up like Nicole Brown Simpson if she leaves him (this threat has been made since the summer of 1994); that he would kill the plaintiff's children and her parents is they ever get involved. 6. On or about July 4, 1995, the plaintiff and the minor children left their residence at 207 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, in order to avoid further abuse. 7, The plaintiff believes and therefore avers that she and the minor children are in immediate and present danger of abuse from the defendant should they return to the home without the defendant's exclusion and that they are in need of protection from such abusa. 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff or the minor children including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements, 9. 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, 10. The plaintiff desires that the defendant be restrained from entering her place of employment and the schools or day care facilities of the minor children. 11, 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. EXCLUSIVE POSSESSION t2~ The house from which the plaintiff is asking the Court . , to exclude the defendant is rented in the names of the parties, 13. The plaintiff desires possession of the house so as to give the greatest degree of continuity to the lives of the children and to allow them to continue their education at their schools and to continue their school and social activities. C. AT10RNEY FEES 14. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to LegBl Services, Inc. p. TEt.\EQ'IABY...J"USTOQY 15, The plaintiff seeks temporary custody of the following children: &ml!! Present Residence A9.@ NastashB Foster Chelsea Foster undisclosed undisclosed 8 yrs 3 yrs Tha children were not born out of wedlock, The children are presently in the custody of the plaintiff, Jan M. Foster, who resides at Bn undisclosed residence. During the past five years the children have resided with the follOWing persons and at the followin9 addresses: &ml!! Addresses Dates Plaintiff 2524 B Green Street 1989-1995 Defendant Harrisburg, PA Plaintiff 207 Bridge Street 1995-7/4/95 Defendant New Cumberland, PA Plaintiff undisclosed 7/4/95-present The mother of the children is Jan M. Foster, currently residin9 at an undisclosed residence. She is married. The plaintiff currently rasides with the following persons: Name Relationship daughter dau9hter Nastasha Foster Chelsea Foster The father of the children is Carel 0, Foster, currently reSiding at 207 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. He is married. The defendant currently resides alone. 16. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court, 17. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 18. 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, 19, The best interests and permanent welfare 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 fit parent who can best take care of the minor 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, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P,S. Ii 6101 et Mg" 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 p1Bintiff or the minor children and placing them in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or the minor children 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 and the schools or the day CBre facilities of the minor children; 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 any residence the plaintiff may in the future establish for herself; 7, Granting temporary custody of the minor children 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 or the minor children and placing them in fear of abuse. 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or the minor children 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 and schools or the day care facilities of the minor children. 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the home located at 207 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. fees to Legal Services, Inc. 8. Ordering the defendant to pay reasonable attorney The plaintiff further asks that this Petition be filed and served without pre-payment of fees by the plaintiff, and that certified copies of this Petition and Order be delivered to the New Cumberland, West Fairview, and Harrisburg City Police Departments who have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 20. The allegations of Count I above are incorporated herein as if fully set forth. 21. The best interest and permanent welfare of the minor children will be served by confirming custody in the plaintiff as set forth in Paragraph # 19 of the Petition. WHEREFORE, pursuant to 23 P.S. g 5301 et seg., 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, '"""-'.....I a an Carey, Attorney Plaintiff LEGAL SERVICES, INC 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 r:, ~ .; t ~ .--... ;-0-" b ro... . r' .~ ,- ~ r--> , ~ co 1;. l') U> 0 .. :;.:.: -- .. . .... :~: ~ -." ~ . r-. -. ~ ~ ... , . 1;'- "- ~ I ~ ~ " ~' " .,..... The above-named Plaintiff, JAN M. FOSTER, verifies that the stBtements 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. 64904, relating to unsworn falsification to authorities. Date: f} II qS ( IIi JI v) l( /1.')k r Jan/M. Foster, Plaintiff "" ,-', "'i \..''l1 t.;, J;. '., " .",' ,. /, '. ;:; pI. ,< ., ""', .;. r: ",.;; -,.., . '1; r, if;' .J1,..f q{ " " '(': 1;- " i" '/ -". ~ ~.t.c- {J, ~ I~' , !" I! . t, (; h .~ ~ ,'I; '. !Ii , '''~ P i',< ""'j .I,d; " '" i';,;' '.' r. '..., ~~~~ " , w~ JAN M, FOSTER, Plaintiff for herself and on behalf of her minor children: NATASHA FOSTER CHELSEA FOSTER V. CAREL D. FOSTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNlY, PENNSYLVANIA : ..nof : NO. 95.36'ffl CIVIL TERM : PROTECTION FROM ABUSE AND : CUSTODY QBPER OF COURT. AND NOW, July 20, 1995, hearing on the above matter set for this date Is continued until FRIDAY, AUGUST 4, 1995, at 9:00 a.m. In Courtroom 3; the temporary order to remain In effect. By the Court, J, Joan Carey, Esquire Legal Services For the Plaintiff Carel D. Foster 207 Bridge Street New Cumberland, PA ., k- "" ,...; - :~ { - , N l\.; , I ~ -.., ,. ::J:: - ~ " Jan M. Foster, Plaintiff for herself and on behalf of her minor children: Nastasha Foster Chelsea Foster, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95-3703 CIVIL TERM v. PROTECTION FROM ABUSE AND CUSTODY Carel D. Foster, De fendant : -"-~OTECTION ORDER AND NOW, thiS~_.'-:ay of July, 1995, upon consideration of the Consent Agreement of the parties, the following 'Order is entered: 1. The defendant, Carel D. Foster, SS: 192-50-227~ and DOB: 11-16-64, is enjoined from physically abusing the plaintiff, Jan M. Foster, and the minor children, Nastasha Foster and Chelsea Foster, or from placing them in fear of abuse. 2. The defendant is enjoined 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. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children. 4. The defendant is prohibited from entering the plaintiff's place of employment and the schools or the day care facilities of the minor children, 5. The defendant i5 prohihited from removing, damaging, destroying or selling any property owned hy the plaintiff or - ...............-....-.- Ai .lJ 1. ';-, ~ " j ) .:'.';.:.' 56, HV 15 II SZ lOr jointly ownen by the parties. 6. The defennant is excluded from the plaintiff's residence located at 207 Bridge Street, Cumberland County, Pennsylvania, beginning 30 nays from the entry of this order, except for the limited purpose of transferring custody during which times the defendant shall remain in his vehicle. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody during which times the defendant shall remain in his vehicle. 8. The court costs and fees are waived. 9. This Order shall remain in effect for a period of one year or until modified or terminated by the Court after notice or hearing and may be extended beyond 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. 10. This Order may subject the defendant to: i) arrest under 23 Pa. C.S. !i6113: i i) a private criminal complaint under 23 Pa. C.S. !i6113.1; iii) a charge of innirect criminal contempt under 23 Pa. C.S. !i6114, 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. 16. The New Cumberlann, Fairview Township, and Harrisburg ~. ... City Police Departments shall be provided with certified copies of this Order by the plaintiff's attorney and may enforco 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 sertion, 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. ~ 6113). By the Court, Judge ,Ian M. Foster. Plaintiff for herself and on behalf of her minor children: Nastasha Foster Chelsea Foster, IN THF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 95-3708 CIVIL TERM v. PROTECTION FROM ABUSE AND CUSTODY Carel D. Foster, Defendant ~STODY ORDER AND NOW, this _ t5 ~a~~f JUlY,. 1995, upon consideration of the parties' Consent Agreement, the following Order' is entered with regard to custody of the parties' children, Nastasha Foster and Chelsea Foster. 1. The plaintiff, Jan M. Foster, hereinafter referred to as the mother, shall have primary physical and legal custody of the children. 2. The defendant, Carel D. Foster, hereinafter referred to as the father, shall have partial custody of the children at times mutually agreed upon by the parties. 3. This Order shall remain in effect until either party petitions to have it changed. 4. The mother and father shall notify each other immediately of medical emergencies which arise while the children are in that parent's care. 5. Neither party shall do anything which may estrange the children from the other parent. or injure the opinion of the children as to the other parent or which may hamper the free and ,I,: V:. '( ;:1 ;,\ S6. HV lS II rz lOr natural development of the children's love or respect for the other parent. By the Court, fe , Judge ------ ---~---,--~ Geor Jan M. Foster, Plaintiff for herself and on behalf of her minor children: Nastasha Foster Chelsea Foster, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95-3708 CIVIL TERM v. PROTECT10N FROM ABUSE AND CUSTODY Carel D. Foster, Defendant CqNSENI_~~BEFMENI This Agreement is entered on this day of July, 1995, by the plaintiff, Jan M. Foster, and the defendant, Carel D. Foster, 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, Carel 0, Foster, agrees to refrain from abusing the plaintiff, Jan M. Foster, and the minor children or placing them in fear of abuse. 2. The defendant agrees not to have 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. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's relatives and the minor children. 4. The defendant agrees not to enter the plaintiff's place of employment and the schools or day care facilities of the minor children. 5. The defendnnt agrees not to remove, damage, destroy, or sell any property owoed by the plaintiff or jointly owned by the parties. 6. The defendant is excluded from the plaintiff's residence located at 207 Bridge Street, Cumberland County, Pennsylvania, beginning 30 days from the entry of this order, except for the limited purpose of transferring custody during which times the defendant shall remain in his vehicle. 7. The defendant agrees to stay away from any residence the plaintiff may 1n the future establish for herself, except for the limited purpose of transferring custody. 8, The court costs and fees are waived. 9. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition, 10. The defendant understands that the Protection Order entered in this matter shall he in effect for a period of one year or until modified or terminated by the Court after notice or hearing and, can be extended 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. 11. The defendant 11lHterstnnds that this Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this caSA, 12. The defendnnt and the plaintiff agree to the entry of , , -....... '0- -, an Order providing for the following custody schedule for their children, a. The mother shall have primary physical and legal custody of the children. b. The father shall have partial custody of the children at times mutually agreed upon by the parties, c. The mother and father shall notify each other immediately of medical emergencies which arise while the children are in that parent's care. d. The parties realize that their children's well being is paramount to any differences they might have \ between themselves. Therefore, they agree that neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. WHEREFORE, the parties request that a Protection From Abuse and a Custody Order be entered to reflect the above terms. 0::_':Lt~::)~( _ -- --- ~ Foster, Plaintiff ~'r '7l;'~L ..cJ(....-<...y , --careT o:---'=os1: e-;"-; De'f endant _~-=:L_ (j;a-n=c~;:ey Attorney for Plaint LEGAL SERVICES, INC. B Irvine Row Carlisle, PA 17013 (717) 243-9400 T_ ~, ,\ ~ !~ ',. "t '., . r' 1:. ~ \I- ,.:--r ~~ "\ >\~ ~ ~ r ~ ~