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HomeMy WebLinkAbout95-04534 'A:;; ",-'. :,,;>..--~,~ i~~'~ H" .-:;,>,...,- - .n',",>", '-;..~, ;'~~.' .i'i"S<.;h I[~~,: ~;~y;.:~,:~. ,~' 'ff';'_ IIW' ,.. f.,;~iii~\ . -:'~/( ~"'+,~.(.;.;.;-, lR~tj" · ~B'; i~Et ' J"~',, ~~ts.:t;'" i""".n" '," r,Q}?j>,. ~ _tb ~~J~f~}}'~: ~' ,'"'' Ir~!:\ ct:~' ~ ,,." .-- I~~i~~;';; ,,~'l'~"'"'' ~t~~~\t;n::~'~:;:.';<; cttit,~"" "..,~", '~~"~ '~ - ~ . , ., \.:';:- 'J;,.~. :,'" .-:;.:. --,;.. ':,-:,~<:. ',:,". i,'...; nq', -~.' :'--:--''',~-/;. ~ '., ii' ..\ . 'i' ii' .. 'I, , " 'c\ :._ _ f\ ~ . \,' '.1 , t, n ('; 1\ "".'- " , '. " " ._ "'0/-;, ,": _':":-"'1;;,. ",::-\-~~~-J~w~ ".4!" '('~;~~i~ :-,..~<t\P. ~ :.-~~~)~~ :_;--;;.\~il '''~ . -,'~~,-~t <c:','2J..iY ;jt~ .:), t~J[~ ~:\~;{~ ;~~~ '..;~~):!- , " ,~.~--~~ .. : ,;,fli '.~:~t~. _,-"'1' ":},~~- 6. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.e.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-$1,000.00j and iv) civil contempt under 23 Pa.e.s. 66114.1. 7. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, Damon Eugene Warren-Best. a. The mother shall have primary physical and legal custody of the child. b. The father shall have visitation at times and places mutuallY agreed upon by the parties with the understanding that visits will not take place if he is under the influence of alcohol or is angry. c. The mother and father agree that each shall notify the other immediatelY of medical emergencies which arise while the child is in that parent's care. d. The parties realize that their child'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 child from the other parent, or'inJure the opinion of the child as to the other parent or which may hamper the free and naturnl development of the child'S love or respect for the other parent. .--- -' -.... . -- ._.__--- ..___... ..____ __.. ____.. ___rr- 08/&8/88 08:08 FAl 717 781 8887 CRIMINAL COMPLAINT l'OLlCEI Charles A. Clemont Jr. DISTRICT .nJSTICI! MAQIST1!AIALDIITIIIC1' NO. 09-1-01 1106 Carlielo Rd. Camp Bill, Pa. 17011 01 ...f1 ,., ",.41wlllt>1tJ COMMONWEALTH OF PENNSYLVANIA oefl"OANT: VS. ME mrr,I~"C.I~T,"""';:o:';;r,o::r,~!iFW ..... ' . NA !1J.o"V~~ErnOllle':tla~~!lOl' /,NI;.;3 ANO I'" ~'l '><'0" 6 '.', ~11l:""j!'\:;"lJ' " ~'a" &. ~t.,J~~' ~~ ;.;:. AOORES.~~l!t~'~({},~' (in~Ri1~;if~\:?-\~~~~~'f' . ~ \y~ I' ,;t::( ,,... ,~ \..,iA~~, '.+ o~1 9', 'l?pr~ri9D',I::I' e;.~j , ,og ",SA ~".~ O~;~'2Q~9'67.3fil:' ~~;:{~$1(i,,~J. "~A ~~I!I'l~t;:..ii:(l'Q':"~4'-G!l.!iSf ~,:t~~r . t..~;tJ"~.1 ,:~~;&". ~. ,,"\I il:.j~~,....... . J. ToP.. ~nh~ M~VR 'R~~90 i?7RQ '/1....., N1W'1/ do herebt sta~: (11 \XI laOCUle the ahow named defendant, who Iivce at the addless let fort" abovs or, i 0 lllCCl1se an IndlYldual wholu name is unknown to mo hut who is described as t 6Cl his nickname or popular deslll"aUon II unknown to me and, therefore, 1 have dOllgnated him herein u John Doe; [ willi ...iolaUnl lli. panallawl o[ the commonweallli of Pennsylvania aL m.<'",""""" ~.,.,."f."j l- t In t'l1mhD..1 Anr1 County on or abouL no:; I~'" 101; At- ')~JlO:; h.-a 1 PGlUeipanu ware IU...... "''" ,,,,,,'p..", p'"" """ ...", hrlt, 1t,'''lIIf: II" ","" ",...." d'("""~'" ~ Jooy Ernest Wat~en (21 The act.a eommltted by the lIC:CI15ed weN:0 XIllOIREC'l CRIMANL CONTEMPT. In that tho Det. did violatll the ordet issued under The Protection From Abullle Act, f.R.1992-Sl2 dated 06/04/92, by the court of Common pleao of Cumberland Co. Pa, ~ho PFA, number 95-4534 civil term vae issued by the Honorable Kevin A. PeeS on Soptember 1, 1995. PROBABLE CAUSE On OS/26/96, this officer respondod to Lot 169 of 1550 Williams Grove Rd. Monroe TVP, cumberland Co. pa. in reference to a pFA violation. upon arrival, this officer spoke to the victim, .Dana L. Bost vho related Joey (oef.) came to her 1:'C!sidllnce while intoxicated Clnd entered her trailllr. once inside both'. parties bogan to argue and the Oet. vaa requosted to leave.vhich hQ refused to do. The argument escalated when the Oef.grabboQ the victim by thB face and , puehed her acrose a room and threatened her. Thie placed the victim in tear Qf abuse. aU 01 whlcn. were ~.\ the .pu~c.'!.~,~1. dlgnl~Y .e,llhe ~..!!!~lI'aalth o[ p~y1!!".!!. ~.~~n~ _~th~"'ct of AJSembl~.. orinviolatlonofch~~ ,.,." ei. a!llldr,~":' ..,........" "oltheActo[r"T.tlQ'-:l~ ''''.' ,,.' q'?"'~~ r ,~,~Tidll' 1~,,".rtt"L1tU or ~b.~"m'.-n";"'''"R.T,;''''~ oOallnance of ...cnmfno...."'.,..rEh-bf 'Pa ;-'-!'~ .,--,.-.~,...,-.,~. _ ,POUtfc;r;ruo-amJJonJ (3) I uk that a wmant of orreal or al\lDllllOIIS be issued end that the accusad bs required to answer tbe c:hllflllll 1 ha,a made. (4) 1, 'nONY that the faels sot [orth In th\J complaint are truo and cOllect to the bust of lIlY knowlud~e or Infor. matlon and beUe[. 'I1Us ,oriflcatloD \J made aubJect to the penalties of Section 4904 of tbu Crimea Code (18 Pe. O.S. 140(4) relltln~ to ulISwom fallUicetlon to authorities. ~ ;t,ri hr"'J-' 7 /S",..'.," aIA";"n!) - I .AND NOW, on this Mit\l ~ ,199(, ,1 eertl.f the cIT1 h81 beon Plopor; nrUled, and tha\ tbere Is proboWe ceusa [or the lsauanCB of pt e Ill. rJq - / - 0 , ' ' (Mo.ltt.,i., VI,lri,,) (101.'.# A.,horlly) " MIIY tJ,f'I ,19 96 .. . , - ) Dana L, Best, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95- 4,53~/cIVIL TERM , PROTECTION FROM ABUSE AND CUSTODY v. Joey E. Warren, Defendant TEMPORARY PROTECTION ORDER AND NOW, this 0{ ~-C~ day of August, 1995 I upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Dana L. Best, now residing at 1550 Williams Grove Road, Lot 69, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Joey E, Warren, the following Temporary Order is entered. The defendant, Joey E. Warren, (SSN: unknown and date of birth: 6/20/62) now~ to the best of plaintiff's knowledge, is residing at 3 Hamilton Road, Boiling Springs, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Dana L. Best, or placing her in fear of abuse. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 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 montha 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 I.he plaint.iff and defendant shall not nullify the provision" of the court order. instances of abuse: a. On or about August 20, 1996, when the defendant called the plaintiff vile names and became angry, the plaintiff, while holding her 6-month-old son, stood up to leave the residence, but the defendant blocked her exit with his body, grabbed her shoulders, and pushed her away from the door causing her to fear ,for her safety and the safety of her son. The plaintiff grabbed the telephone and dialed 911, but the defendant snatched the telephone from her hand and attempted to break it. The plaintiff repeatedly tried to leave the resirlence with her child, but the defendant blocked her exit with his body and pushed her away from the door. The plaintiff was only able to escape when she convinced the defendant to allowed her to go outside to smoke a cigarette. When she went outside, she ran to a neighbors' residence with the child to escape further abuse. b. On several occasions between August 1994, and November 1994, the defendant called the plaintiff vile names, and grabbed, pushed, and restrained her. On one occasion in November 1994, the defendant forcefully slapped the plaintiff in the face. Between January and Hay 1996, the plaintiff and the defendant had very little contact with each other. 2 ( 6. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. C. ATTORNEY FEES 8. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. D. TEMPORARY CUSTODY 9. The plaintiff seeks temporary custody of the following child: .ti.nm.!l Present Residence AM Damon Eugene Warren-Best 1560 Williams Grove Rd. Hechanicsburg, PA 6 mos. old DOB 2/12/96 The child was born out of wedlock. The child is presently in the custody of the plaintiff, Dana L. Best, who resides at 1500 Williams Grove Road, Lot 69, Hechanicsburg, Pennsylvania. Since his birth, the child has resided with the following persons and at the following addresses: liwn.n AddresBes Dates Plaint! ff, defendant, 1550 Williams Grove Rd. 2/12/95 to Amber Best (plaintiff '8 Hechanicsburg, PA 3/1/95 daughter) Plaintiff and Amber 1550 Williams Grove Rd. 3/1/95 to Best Hechanicsburg, PA 5/30/95 3 Plaintiff, defendant, 1550 Williams Grove Rd. 5/30/95 to Amber Best Mechanicsburg, PA 8/20/95 Plaintiff and Amber 1550 Williams Grove Rd. 8/20/95 to Best Hechanicsburg, PA present The plaint! ff , the mother of the child is currently residing at 1550 Williams Grove Road, Lot 69, Mechanicsburg, Cumberland County, Pennsylvania. She is single. The plaintiff currently resides with the following persons: Name Jtelationship Daughter Son Amber Best Damon Eugene Warren-Best The defendant, the father of the child, is currently residing at 3 Hamilton Road, Boiling Springs, Cumberland County, Pennsylvania. lie is single. The defendant currently resides with the following persons: Name Relationship Ruth Erdman Steve ? Anna ? Hot.her Brother Brother's girlfriend 10. The plaintiff has not previoUslY participated in any litigation concerning custody of the above mentioned child in this or any other Court. 11. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other Jurisdiction. 4 12. 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. 13. The best interests 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 responsible parent who can best take care of the minor child and has provided for the emotional and physical needs of the child since his birth. 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 Pa.C.S. 6 6101 !U. !!..\l.!l', 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 and or placing her in fear of abuse. 2. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 5 3. Granting temporary custody of the minor child to the plaintiff. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such 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 harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 3. 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 Department which has Jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be Just and proper. COUNT II pUSTODY UNDER PENNSYLVANIA CUSTODY LAW 14. The allegations of Count I above are incorporated herein as if fully set forth. 15. The best interest and permanent welfare of the minor 6 ~ If> ~ ':~>,~ r~ ~. :', ,:Q ~ ~ ~ '" j ~ ':) -\:? , v J ( . "l .~ IY) ~ ~~,~ ,.... ~ : " .. ~.' ~~~ I' ~-.' .~ [.') '- ..' = --:,t .., " ) ';'. 'j: i :;. I I' ;1 ; , -lq' "i' " ; I ", I,'"