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HomeMy WebLinkAbout95-04553 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95- 4553 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CINDY R, MINAYA, Plaintiff RODERICK E, MINAYA, Defendant TEMPORARY PROTBCTION ORDER AND NOW, this .?I,rt~ day of August, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, CINDY R, MINAYA, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, RODERICK E. MINAYA, the following Temporary Order is entered, The defendant, RODERICK E, MINAYA, SSN:IB3-34-9109 and DOB: 12/14/45, now residing at 1025 Orrs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, CINDY R, MINAYA, or placing her in fear of abuse, The defendant is excluded from the residence located at 1025 Orrs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is jointly owned 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. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, The defendant is enjoined from removing, damaging, ,. I 'I destroying or selling any property owned jointly by the parties or owned solely by the plaintiff, A violation of this order may subjeot the defendant tOI i) arrest under 23 Pa.C.S. 56113; ii) a private oriminal oomplaint under 23 Pa.C.S. 56113.1; iii) a oharge of indireot oriminal oontempt under 23 Pa.C.S. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) oivil oontempt under 23 Pa.C.S. 56114.1. Resumption of oo-residenoe 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 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 MATTHEW, MITCHELL, MICHAEL, and MARSHALL MINAYA, is hereby awarded to the plaintiff, CINDY R, MINAYA, A hearing shall be held on this matter on the 1.<1,6 day of September, 1995, at ){I't/S t'\,m" in Courtroom No.L, 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 CINDY R. MINAYA, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM RODERICK E, MINAYA, Defendant 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, 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 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, You must attend the scheduled conference or hearing, , CINDY R, MINAYA, plaintiff , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-~553CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY v, RODERICK E, MINAYA, Defendant PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROK ABUSE ACT, 23 pa.C.S, S 6101 et Beq, A, ABUSE 1, The plaintiff, CINDY R, MINAYA, 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, RODERICK E, MINAYA, SSN:183-34-9109 and DOB:12/14/45, is an adult individual residing at 1025 Orrs Bridge Road, Mechanicsburg, cumberland County, pennsylvania, 17055, 4, The defendant is the husband of the plaintiff, 5, Since approximatelY April 1995, the defendant has attempted to cause and has intentionally, knowinglY, or recklessly caused bodily injury to the plaintiff, or 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 reasonable fear . of bodily injury, This has included, but is r.ot limited to, the following specific instances of abuse: a, On or about August 1B, 1995, the defendant spit in the plaintiff'S face and slapped her in the face, causing bleeding and bruising, The defendant then pulled the plaintiff by the arms, pushed her down onto the floor, and straddled her, preventing her from getting up, The defendant then drug the plaintiff down the hallway, grabbed her by the throat, choked her, and threatened, "Let's end it right here," The plaintiff yelled to her children to call the police. The plaintiff suffered a split lip, bruising to her arms and elboW, scrapes and redness to her legs and knees, and redness and soreness to her neck, The plaintiff received treatment at the Carlisle Hospital's Emergency Room, b, On or about August B, 1995, the defendant came at the plaintiff, pulled her off the couch, and held her down, leaving redness and soreness to her wrists, c, On or about August 7, 1995, the defendant came at the plaintiff and grabbed her by the upper arms. d, In or around April 1, 1995, the defendant kicked the chair that the plaintiff was sitting in, and when she stood up, the defendant pinned her aqainst the wall and hit her in the head with a tub of margarine, The plaintiff went into the bedroom, locked the door, and the defendant kicked in the door, grabbed the phone, pulled the phone from the wall, and pulled the plaintiff off of the bed, The plaintiff and her children left the residence. 6, On or about August B, 1995, the plaintiff and the four minor children left their residence at 1025 Orrs Bridge Road, Mechanicsburg, Cumberland county, Pennsylvania, in order to avoid further abuse, 7, The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should they 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 limited 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, B, EXCLUSIVE POSSESSION 11. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of cindy and Roderick Minaya. 12, The plaintiff currentlY has no place to stay with her children except the marital home, and the defendant has family and friends in the area with whom he can stay. 13, The plaintiff desires possession of the home so as to give the greatest degree of continuity to the lives of the children,to allow them to continue their education at their schools, and to continue their school and social activities, c, SUPPORT 14, The defendant has a duty to support the plaintiff and the minor children, 15, The plaintiff is in need of financial support from the defendant including, but not limited to: payment of unreimbursed medical expenses for the plaintiff and the mortgage payment on the residence at 1025 orrs Bridge Road, Mechanicsburg, cumberland county, pennsylvania, 16, The defendant is unemployed, 17, The plaintiff currently has no income. 18, The plaintiff intends to petition for support within two weeks of the issuance of a protective order, c, LOSSES/ATTORNEY PEES 19, The plaintiff has suffered losses as a result of the abuse by the defendant, The losses are listed on Exhibit A attached, 20, The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal services, Inc, D, TEMPORARY CUSTODY 21, The plaintiff seeks temporary custody of the following children: I!!JU Present Residence ~ MATTHEW MINAYA undisclosed location 9 yrs, MITCHELL MINAYA undisclosed location 9 yrs, MICHAEL MINAYA undisclosed location 8 yrs, MARSHALL MINAYA undisclosed location 5 yrs, The children were not born out of wedlock, The children are presently in the custody of the plaintiff, CINDY MINAYA, who resides at an undisclosed location. During th~ past five years, the children have resided with the following persons and at the following addresses: J!!M Addresses Dates plaintiff & 1124 Bartime Street 1986 - 5/94 defendant Harrisburg, PA plaintiff & 1025 Orrs Bridge Rd, 5/94 - 8/8/95 defendant Mechanicsburg, PA plaintiff undisclosed location 8/8/95 - present The mother of the children is CINDY R, MINAYA, currently residing at an undisclosed location, She is married. The plaintiff currently resides with the following persons: IIAJ!l! MATTHEW MINAYA MITCHELL MINAYA MICHAEL MINAYA MARSHALL MINAYA RelationshiD son son son son I , The father of the children is RODERICK E, MINAYA, currently residing at 1025 Orrs Bridge Road, Mechanicsburg, pennsylvania, He is married, The defendant currently resides by himself, 22, The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court, 23, The plaintiff has no knowledge of any custody proceedings concerning these children pending befo~e a court in this or any other jurisdiction, 24, 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, 25, 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, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa,C,S, S 6101 et sea" 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 plaintiff; 5, Granting possession of the home located at 1025 Orrs Bridge Road, Mechanicsburg, 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; 9, 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 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 plaintiff, 5, Granting possession of the home located at 1025 Orrs Bridge Road, Mechanicsburg, Cumberland County, pennsylvania, to the plaintiff to the exclusion of the defendant, 6, Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, 7, ordering the defendant to make support payments to the plaintiff and the minor children in an appropriate amount in accordance with the support guidelines, payable to the plaintiff in the form of a check or money order, mailed to her residence, and ordering the defendant to continue to make mortgage payments on the marital residence. 8, Ordering the defendant to reimburse the plaintiff's out-of-pocket losses suffered as a result of the abuse, including but not limited to the losses listed on the attached sheet marked Exhibit A, 9, Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. 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 appropriate Police Departments in the areas where the plaintiff lives and works, The plaintiff prays for such other relief as may be just and proper, COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 26, The allegations of Count I above are incorporated herein as if fully set forth, 27. The best interest and permanent welfare of the minor children will be served by confirming custody in the plaintiff as set forth in Paragraph 25 of the Petition, WHEREFORE, pursuant to 23 Pa.C,S, S 5301 ~ sea" and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her, v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4553 CIVIL TERM CINDY R, MINAYA, plaintiff RODERICK E, MINAYA, Defendant PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The plaintiff moves this Court for an Order continuing the hearing of this case, on the grounds that: 1, A Temporary Protective Order was issued by this Court on the 28th day of August, 1995, scheduling a hearing for the 1st day of September, 1995, at 8:45 a,m, 2, The defendant was served with the Temporary Protective Order and contacted Legal services, Inc, and requested time to obtain an attorney, 3, The plaintiff requests that a continuance be entered and that the Temporary Protective Order remain in effect pending further order of court. 4, A copy of the Order for continuance will be delivered to the Hampden Township Police Department by attorneys for the plaintiff, WHEREFORE, the plaintiff moves this Court to grant the plaintiff's Motion, and to continue this ma~ter, _ fir-c.. J.J ~-t:. (~ {Jian Carey Ii' Attorney for Plaintiff LEGAL SERVICES, INC, B Irvine Row carlisle PA 17013 (717) 243-9400 ..., " ~ ,. CINDY R. ~IINAYA, Pluintiff I N TilE COURT 01' COMMON PLEAS OF CUMUERLAND COUNTY, PENNSYLVANIA NO, 95-4553 CIVIL TERM v, RODERICK E, MINAYA, Defendunt PROTECTION FROM AIlUSE AND CUSTODY MOT I ON FOR CONT I NUANCI~ The pluintiff moves the Court for un Order generullY continuing the heuring in the ubove-cnptioned cnse on the grounds that: I. A Tempornry protect ion Order was issued by this Court on August 28.1995, scheduling a henrlng for September 1,1995. at 8:45 a,m, 2. The Cumberland County Sheriff's Depllrtment served the defendant with a certified copy of the Tempornry Protection order and Petition for protection order. 3, The defendllnt indicated to Legal Services, Inc, on approximatelY AUgust 31, 1995, that he desired legn! representation in this matter and Legul Services, Inc. agreed that the henring scheduled for September I, 1995, be continued to IIfford him time to retain counsel, 4, \ly IIgreement of tho: purtieB, the plaintiff's counsel filed II motion for generu! continullnce IInd un order WIIS entered on September 1, 1995, continuing tho: matto:r until September 20,1995, Bt 8:45 u,m. S, The defcndunt hilS retained the FBmi Iy LlIW Clinic to fo:present him In the mutler,