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HomeMy WebLinkAbout95-04103 HARClARE'f READER f Ik/a HARClARE'f ,\GRUBa plaint! f f VB. JOBEPH BECHARA Oefendant IN 'l'Ur. COUH'l' (lIP COMMON l'Ll'Ml of' CUHBEIU.,\HP COllN'l'V, PENNSVLVMUA NO. 91)-_~JJL~L._. ClV IL /l'~RM PRO'l'EC'l'lON nlOM AnUSI': ANO CUB'!'oIlV fll/'4PORARV PHo'r~IY};..JmD~n AHO NOW, this __ day of _______, 1995, upon presentation and consideration of the within Petition, and upon finding that plaintiff, MARGAHE'!' READER, now residing at 1804 Creekview Road, New cumberland, Pennsylvania, is in immediate and present danger of abuse from the defendant, JOSEPH BECHARA, the fOllowing Temporary Order is entered. The dofendant, currently residing at Franklin square, New York is hereby enjoined from physically abusing the plaintiff, Margaret Reader, and from plaoing her in fear of abuse and is ordered to stay away f.rom plaintif.f's residence. Temporary custody of the parties minor ohild, Matthew, is hereby awarded to the Plaintiff, MARGARET REAPER, pending outcome of the final hearing The Defendant is ordered to relinquish to tho sheriff's department the fOllowing weapons he has used or threatened to use against Plaintiff: The Defendant is ordered to refrain from having any oontaot with the Plaintiff, inclUding but limit.ed to harassing, stalking or threatening the plaintiff, and harassing Plaintiff's family. This Order shall remain in effect until a final order is entered in this case. A hoaring shall be heard on this matter on the day of __, 1995, at _.m. in Courtroom No. ___"' Cumberland county courthouse, carlisle, Pennsylvania. This ardor may be served by any oompetent adult pursuant to Pennsylvania Rules of civil Procedure or any other means pursuant to the Rules. If plaintiff prevailS, the court shall assign costs to the Defendant. This Order shall be enforced by any law enforcement agenoy where a violation occurs by arrest for indirect criminal oontempt without warrant upon probable oause that this Order has been H...RG...RE'l' RE...OEIl f Ik/n H...RG...RE'l' "'GRUaU Plaintiff IN 'l'lff: COUR'I' 01" COMMON Pl,EMI 01" CUHPER......NO C(JUN'l'Y, Plr.NNflYl,v...NI... va. NO. 95"~:!I.L.'.j.H_ CIVIL 'n;RH JOBEPH PECH"'R'" Oetundent PIW'l'EC'l'ION FORM ...IlUI:IE "'ND CUB'l'ODY PE'rITION filR PRO'l'EC'tlOlLf'lliJtLh.UUIDLAlHJ.....cU.e.'l'QJ)j, .... "'BUSE 1. The plaintiff l~ an adult individual whoso permanent address is 1804 creekvlew Rond, New cumberland, cumberland county, Pennsylvani~. 2. The defendant is an adult individual who~e permanent address is 916 Centre Drive Franklin, New York. 3. The defendant is plaintiff's former intimate partner end father of plaintiff's minor child, Matthew. 4. Tho parties are currently involved in oustody litigation. Such litigation includes an allegation of contempt of the current oustody order br defendsnt. on or about July 26, 1995, defendant telephoned pIa ntiff, in violation of the ourront oustody order. Defendant asked plaintif.f to withdraw the oontempt petition that is currently pending. When plaintiff indioated that she would not, defendsnt stated that if he were to loose visitation, she would be in a lot of trouble. Plaintiff then hung-up the phone. On or about July 30, Defendant telephoned plaintiff from plaintiff's father's residence and indicated that he was in Central Pennsylvania to pi ok up the parties minor child. When plaintiff informed him that it was not his week for custody of the child, defendant yelled to plaintiff he she would "get hers" and that he should have finished her otf when he had the chalice. "'llegedly, the statement that he shOUld have finished her off, refers to an inoident in New York when defendant beat and put a gun to the head of plaintiff. Defendant's repeated assaults of plaintiff resulted in protective orders in New York. Plointiff believes and therefore avers that defendant carries a weapon on his per.son when he oomes to pick up the parties minor ohild. 5. The plaintiff believes and therefore avers that she will be in immediate and present dander of abuse from the defendant, and that she is in need of suoh protection from such abuse. 6. The plaintiff desires that the defendant be restrained from having any oontaot with her, harauainq, atalking or threatening the plaintiff and from haraaaing plaintiff'a relativea. B. cus'ropv 7. The plaintiff aeeks temporary oustody of the following children I Matthew Beohara 1804 creekview Road New Cumberland PA 17070 Born 11/20/89 'rhe ohild is presently in the ouutody of plaintiff. The child Wftft born out of wedlook. 'l'he mother of the child ia plaint:lff and the father is defendant. 8. As mentioned above, the parties are currently involved in ouatody litigation rogarding the minor child. The current Order of Court, dated June 3, 1992 and amended Auguat 14, 1992 grants primary physioal custody to plaintiff and partial custody to defendant. 9. A hearing on plaintiff's Petition for Modification/Contempt is scheduled for September 7, 1995 before this Honorablo Court. 10. Defendant has indioated to plailltiff that he has made reservations for himself and the minor child to go away during defendant's partial custody in the month of August. Defendant ia also a resident of New York and spends his custody time with the minor child in New York. Plaintiff believes and therefore avera that defendant wishes to remove the minor child from the jurisdiction of the court. 11. The best interest and permanent welfare of the child will be met if cuatody is temporarily granted to the plaintiff pending a hearing for the following reasons I a. The plaintiff is a f.it parent who can best take care of her child. b. The defendant has shown by his conduct that he is not an appropriate role model for the child. c. The possibility exiat that defendant will remove the minor child from the jurisdiction of this court and the courts of the commonwealth of Pennsylvania and interfere with the relationship between plaintiff and minor child. C. ATTORNEV FEES AND COSTS 12. The plaintiff asks that defendant pay all costs associated with these proceedings and reasonable attorney fees, pursuant to the Protection from Abuse Act.