HomeMy WebLinkAbout95-04805
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SANDRA D. HEAGY.
I N TIlE COURT 01' COI>MJN PLEAS 01'
Plaintiff
CIJMllERI.ANf) COUNTY, PENNSYLVANIA
v.
NO. 95-4R05 CIVIL TERM
JOSEPH L. WELLS,
Defendant
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AND NOW, thlak. rlny of Septemher, 1995,
PROTECTION PROM ABUSE
upon consideration of the
Consent Agreement of the pnrt les, the following Order Is entered:
I. The defendnnt, .roseph L. Wells, Is enjoined fl'l1m physically ahusing
the plaintiff, Sandra D. lIeuBY, or from plnclng her In fenr of uhuse.
2. The defendant Is ordered to refrnln from hnrnsslng nnd stalking the
plnlntlff anrl from hnrnsslng her relatives.
3. The defendnnt is prohihited from renKlYlng, rlnmnglng, destroying or
selling nny property ownerl hy the plnlnllff or jointly owned hy Ihe pnrtles. The
plaint I ff mny remove nny property owned hy her IIn,l mutunlly ngreed upon I terns of
joint Iy owned property thllt she does not tnke wit h her when she vllcates the
residence lit 705 Erford Rond, Cnmp IIi II.
4. The de fencllll1 I shnll provide sultllhle IIlternllte housing for the
plnlntiff hy pnylng up to $450.00 towllrrl the security deposit for an npnrtment
or house for hel' IIml up to $450.00 for the fl rst month' a rent lit the time the
pnymcnts nre required for the plllintlff to secure the residence.
5. Court costs and fees lire wnlved.
6. This Orcler stull I remnln In effect for n period of one (1) yellr IIncl
can he extenrlell heyo",1 thnt time I f the Court fillds that the defendllnt hilS
committed nn IICt of uhuse or hns clIglIgccl III II pllt lern or prllcllcc thllt Indlclltea
risk of hllrm to the pllllntl ff. This Ordel' shill I he enforcellhle in the snme
manner liS the rourt's prlnr Tcmpnmry Protection Order entered In this cllse.
7. This Order may SUhjl'ct the defenrlllnt 10: I) 1I1T,'st umler 23 I'II.C.S.
661 IJI II) II prlv/lte crlmlnlll complllint under 21 PII.{'..~. 6til1.1.11 I i I) II chllrgc
of Indirect criminal contempt under 2.1 PII.r.s. 66114, l'unlHhllhle hy imprisonment
up to six months Ilnd II fine of $100.00-$I,noo.oo; IIml iv) civil contempt under
23 JlII.C.S. 66114.1. Resumptioo of co-resilience on the pllrt of the plllintiff IIml
defendant shall nnt null 1 fy the (ll'llvislons of the court order.
R. The Ellst Pennshoro Tnwllshlp ami Camp ifill Pol ice nepllrtments shall
be provided with certified copies of this Onler hy the plnlntlff's IIttoflley IInd
IIII\Y enfnrce this Order hy arrest for 111IIirecl crfmlnlll contempt wlthnut Wllrrllnt
u(lon probable CIIUIW thnt this Order hilS heen vlollltell, whether or nnt the
vlolntlon Is committed In the prescnce of the police nfflcer, In the event th/lt
IIn /lrrest is mnde under this section, the Ilefelulllnt shnll he tllken without
unnecessnry de In)' hefore the court thllt Issued the nnler. When th/lt court is
un/lvaf IlIhle, the defenelllnt shill I he tllken hefore the lI(lprllprlate district
justice. (23 (l.S. 66IIJ).
9. The following custlllly scheclule Is entered for the pllrllcs' chllcl,
Zachary Jnseph We lis.
n) The pllllnt Iff,
hereln/lfter "fnther,"
henoJn/lfter "mother," nml lhe dcfen,lllnt,
shn II sh/lre phys I cnl /Ifill I eg/ll custody of the
child.
h) The fnther sllllll hnvl' the chilel fmmSundnylit R:OOp.m. until
Fridny /It (i:on p,m. 11'111 till> ,,",ther shill I hnvl' the child fl'llm Frldn}'
at 6:00 p.m. until SUlulllY nl R:on p,m. Tlw flltlll>r sllltll hlll'e one
weekend ,'neh month with [hI. ehild liS mululIll}' IIgreed upon h)' the
part les. The mother shnll hllve Ilhernl periods of nddl tionaJ t ill1e
wi th the child during the week for 8 minimum of two days Including
overnight periods nt times IIgreed upon by the pllrt les.
e) At times when the fllther requires cllre for the chi Id he shall
give the mother preference hefore milking 1I1ternate child care
IIrrllngements.
d) The plIrtles shill I share the following holldllYs at times
mutually agreed upon hy the pllrtles: New Yeur's Dill', Easter,
MelllOrlal Dill', July 4th, IInd tabor Dill'.
e) The parties shall shure the Thanksgiving Dill' holidny and
Chrlstmlls holldllY ut times mutulllly agreed upon hy the parties.
f) The fllther sllll1 J hnve the child on I'lIlhel"s Duy nnd the mother
shall hllve the child on Mother's f)uy.
g) The mother und fnther slull I share the child's blrthdllY hy
mu t uul IIgreemen t .
h) Each purty shull have the child for two weeks VIICUt Ion each
year (including II mllxlmum of two weekends). The pnrtles Ilhnll
provide euch other with .10 dill'S III!vllnce notice of Intent to exercise
their vllclltlon period.
I) The mllther IInll futher, hy milt 1111 I ngreement, may vllry from this
schedule Ilt IIflY time hut the orlle,' shnll remain In effect until
el t her pllrty pel It Ions to hllve It chllfllled.
j) The mother IUIII flllhel' lI11ree lhlll ench shill I notify the other
of 1111 melllclll Clll'e Ihe child rl'celves whll(' In lllnt pllrent's Cllre,
Elich plll'ent shull not ify Ihe other Imlllellllllel>' of mediclIl
l'mel'genelcs which IIrlse while Ihe chillI is In thlll pllrellt's cllre.
k) The parties renllze thnt their child's well "elng Is paramount
to any differences they might hllve between themselves. Therefore.
they IIgree thllt neither Jlllrty shill I do IInythlng which mill' estrange
the child from the other Jlllrent, or Injure the opinion of the child
liS to the other Jlllrent or which mill' hnmpcr the free anrl nlltuflll
development of the chillI's love or respect for the other Jlllrent.
Ry the Court,
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JOlin cllrey '\"""'- Co-,....;,. f".........tc, '1/3'/9"
I.OOAJ. SERVICF-S, INC.
Attorney for Pin Inti rr
Ronllhl E. .Johnson Il\A....hJ c,,/,,\ qju/q (
ANlJRIlWS . JOlINSON
At torney for Defendant
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S~ D. Ifl'~Y,
1 N 11IE COURT 01' cot.NlN PLEAS 01'
Pllllntlff
CtJMllERLANI> COlJNTY, PENNSYLVANIA
v.
NO. 'l:;-4RO~ CIVIL TERM
JOSEPH J.. WEI.LS,
nefendllnt
PROTECTION l'1lOM Al1lJSE
(XlN800' NlRF.I'.MIWI'
This Agreement Is entered on this ~ dn~' of September, 1995, by the
pllllntlff, SlIndrll D. lIellgy, IInrl the defendant, Joseph J.. Wells. The plaintiff
Is represented by Josn Carey of LEOAL SERVICES, INC. I the defendant Is
represented hy Ronnld II. .Johnson of ANf)REWS & JOHNSON. The pllrt ies agree that
the following mny be entered as IIn Order of Court.
I. The defendant, Joseph l.. Wells, agrees to refrain from abusing the
plaintiff, Sandra D. lIellgy,or placing her In fear of abuse.
2. The defendant IIgrees not to harllss Ilnd stalk the plaint Iff IInd not
to harass her rellltlves.
3. The defendant agrecs not to remove, damage, dest roy, or sell IIny
property owned by the plaintiff or jointly owned hy the pnrtles. The defendant
IIgrees that the plaint I ff mny fenKlVe nny property owned by her Ilnd mutua fly
ngrecd upon I tems of joint Iy owned property t hilt she cloes nol tllke wi th her when
she vncRtl!S the resltlcncl' nt 705 Erfonl Rllllll, ('lImp 11111.
4. The defendnnt ngrl!cs to pl'tJvlcle sultllhle IIlternatl! housing for the
plnlntlff by (laying lip to $4~().()O tOWill'll the secllrlty dl!(lllSlt for /In npRrtmllnt
or house for the plnlntlff nflll U(l to $450.00 for the first month's rent Ilt the
time the pnymentll are requlre.1 for the plRlnt Iff to secllre the I'lJsldence.
5. The defellllllnt, III though entering Into this Agreement, does not nclmlt
the IIllegnt Ions mlllle In thl' Pet I t Ion.
6. The deferulllnt uruler/ltllnds thllt the Protection Order entered In this
matter will be In effect for n period of one (I) yenr IInd can be extended beyond
thlll time If the Court flnda thnt the defendant hilS committed IIn IIct of abuse 01'
hilS engllged In II pllttern or pl'llctlce th/lt Indicates risk of harm to the
plaint Iff. The defendllnt understllncls thllt thia Order will he enforcellble In the
same II/lnner ns the Court's prior Temporllry Protect Ion order entered in this cllse.
7. Violat Ion of the Protect Ion Order mill' subject the defendant to: I)
arrest under 23 Pa.C.S. 86113; II) n pl'ivlIle crlmlnlll complllint under 23 plI.C.S.
86113.11 III) II chllrge of Indirect cl'imlnal contempt under 23 Pn.C.S. 86114,
punishable by Imprisonment up to six months nnd II fine of $100.00-$1,000.001 IInd
Iv) civil contempt under 23 plI.C.S. 86114.1.
8. The defenrlllnt IInd the pllllntlff IIgree to the entry nf IIn Order
providing for the following custody schedule for their child, ZlIchllry Joseph
Wells.
a) Tho mother and fnther will share phYRlclI1 IInd leglll custody of
the chi hI.
h) The fllther will hllve the chi hi from Sunday lit 8:00 p.m. unt II
I'rlclay lit 6:00 p.m. nml the mother will hllve the child from I'l'idny
lit 6:00 p.m. until Sundny lit 8:00 p.m. The fllther will hllve one
weekend ellch month with the chllcl liS mlltlllllly IIgl'eed UtX1l1 by the
pllrtles. The mother will hllVI! Ilbernl periods of lIt1r1ltlonnl time
with the child during thu week for II minimum of two IIIIYS Including
nvcl'lllght perllllls nt times IIgreed upon hy the part les.
e) At times whun the fnthel' 1'l''1ul res "lire for the child he will
give the mother prefel'ence hefol'e mnklnl! IIltornnte chilli cnl'e
nrrllngements.
dl The pllrtles will share the followlnll holidays lit tlmea
mutually IIgreClI upon hy the pllrtles: New Yellr's f)IlY, Enster,
Memor III I f)IlY, July 4th, /lnd \.lIlxlr f)/lY.
e I The pllrtles will IIhllre the Thllnkaglving !lay holldllY and
chrllltmaa holldny at times mutulllly IIgreClI upon by the part les.
f) The fllther will hllve the chilli on Father's llay and the mother
wi II have the child on Mother's Day.
gl The mother IInd fnther will share the chilli's birthday by
mutual IIgreement.
hI r:.llch pnrty will have the child for two weeks vllcat Ion ench
year (Including II mnxlmum of two weekends). Tho I'RI'tillS will
provide enctl other with 30 days ndvllnce notice of Intent to exercise
their vllclltlon period.
I) The mnther nnd fllther, by mutulll agreement, may vllry from this
schedule lit IIny time hut the order will remllln In effect until
el ther pllrty petitions to hllve It chllngecl.
j I The mother IInd fnther IIgrce thllt ellch will not I fy the other of
1111 mClllcnl cure the chi hi receives while In that Pllrent's cllre.
Each pllrent will notify the other Immedllltelyof medlcnl emergencies
which nrlse willIe the chi hi Is In thllt Plll-ent's Cllrll.
k) The llllrtles relllln.thllt their chilli's well helng la pllrnmount
to any dl fferencell they ml ght hllve he tween themsel vea. Therefore,
they ngree thllt neither pllrty will do nnythlng which mny estrnnlle
the chllcl from the other pnrent, or Injure thl' opinion of the chi hi
liS to the other pllrenl or which mllY hlllnper the frl'l' IIIlllnllturlll
devclopment of lhc chllcl's love or respect for the othcr parent.
W1fF.REI'ORE, the part ies I'equl'st that II Protect Ion Order be entercd to
rcflcct the llhovc terms.
~.
Hellgy,
n Carcy
Horney for Plaint I
IJIW. SP.RVleF.8, INC.
R Irvine Row
Carlisle, PA 17013
(717) 243-9400
ANIlRIlTIS " 900
78 Wesl Pomfret Street
Carlisle, PA 17013
(717) 243-0123
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SANDRA D. IW..AOY,
IN 11m COURT OF COMMON PLEAS OF
Plaint Iff
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95- 4-8"05"'
CIVIL TERM
JOSEPH L. WELLS,
Defendant
PRlYfECTION FIlOM ABUSE
AND NOW, this
~y I'IlO11r.I'ICIi OlUlER
Of'
Q. day of Septemher, 1995, upon presentat Ion and
conslderlltlon of the within petlllon, IInd upon flndlnllthnt the plaintiff, SlIndra
D. Heagy, now residing at 705 Erford Road, Cllmp ltill, Cumberland county,
Pennsylvania, IB In Immediate /ln,1 present danger nf abuse from the defendllnt,
Joseph I" Wells, the following Temporllry Order Is entered.
The defendant, Joseph L. Wells, (SSN: 194-60-2104)(ooBI 9/4/64) now
reBldlng at 4710 Paradise Road, Dover, York county, Pennsylvania, is hereby
enjoined from physlcnlly IIhuslnll the plaintiff, sandra D. lIenBY. or placing her
In fellr of abuse.
The defendant Is excluded from the plaint Iff's residence lucntClI at 705
Erford Road, ('.limp 11111, Cumherlancl County, PennBylvanla, II residence which Is
owned by the defendant. except for the limited purpose of transferrlnll cuatody
of the partlell' child. The defendnnl I1I<lVe,l out of the residence lit the end of
August of 1995, anrl hilS since heen resldinll at his sllltllr's home at the address
lIated IIhove. The defendllnt Is onlered tn stay aWIlY from /lny realdence the
pllllnt I ff m/lY In the future estllhllllh for hcrsel f, except for the limited purpose
of trnnsferring custolly of the part les' chi hI.
The defend/lnt Is enjoined from hnrasslng IInd stRiking the plaintiff Rnd
from hllrasslng her rellltlvcR.
I i Ie.
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The dofendant Is enjoined froll removing, dSlllaging, destroying or selling
any property owned jointly by the pllrtles or owned by the plllintlff.
A violation of this order Ifty subject the defendant tal I) arrest under 23
Pa.C.S. 16113; II) a private crl.lnal coaplalnt under 23 Ps.C.S. 16113.1; III)
a charI" of Indirect crl.lnal conteapt under 23 Pa.C.S. 16114, punishable by
laprillOMllnt up to six aonUIIl and a fine of '100.00-$1,000.00; and Iv) civil
conteapt under 23 Pa.C.S. 16114.1. ResllllPtion of co-resldence 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 terlllnated by the Court
after notice or henrlng and can be extended beyond its original expiration dste
I f the Court finds thllt the defendRnt has co1lull1 tied Rn act of abuae or has
engaged In II pattern or prRctlce that Indicates risk of har.. to the plaintiff.
Telllporllry custody of ZlIchllry Joseph Wells, Is hereby awarded to the
plaintiff, Sandra D. Heagy.
A hearing shill I be held on this mfltter on the
".-
,e day of Septelllber,
1995, at
IV'rJ'l /Y.m.. In Courtroom No. ,~ . CUllberland County Courthouse.
carlisle, Pennsylvllnla.
The plaint I ff may proceed without pre-pnyment of fees pending a further
order after the hellrlng.
The CUl1lberland County Sheri ff's Ilepflrtment shill I IIttempt to IlIl1ke service
at the plaintiff's request IIl1d without pre-pllyment of feea, but service may he
accolllpl ished under IIny flppllcable rule of Civil Procedure.
This Order shill I he docketed In the office of the Prothonotllry IInd
forwnrded to the Sheriff for service. The Prnthl1nl1tflry shill I not senrl fI copy of
this OJ'ller to the defellllflnt hy mill I.
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By the Court,
The East Pcnnsboro Township and Callp Hi II Pol ice DeportMents ahall be
provided with certified copies of this Order by the plaintiff's IIttorney. This
Order shall be enforced by any law enforceMent agency where a violation occurs
by arrest for Indirect criMinal contempt without warrant upon probsble cause that
this Order has been violated, whether or not the violstlon Is ~Itted In the
presence of the police officer. In the event that an srrest Is made, under this
section, the defendant shall be taken without unnecessary delay before the court
that Issued the order. When thst court Is unavailable, the defendant shall be
taken before the appropriate district justice. (23 P.S. 8 6113).
Judge
Joan Carey
1Jl1AL SERVIr.J'.8. INC.
Attorney for Plaintiff
Ronald E. Johnson
ANlJRIlW8 . J~1Ilfi
Attorney for Defendllnt
SANDRA D. HEAGY,
IN TIlE COlJRT 01' COIoN>N PLHAS 01'
CUMIlERLAND COUNTY, PIlNNSYINANIA
Plolntlff
v.
NO. 95-
CIVIL TERM
JOSEPH I.. WELLS,
Defendant
PROTl'..crION PROM ABUSE
PP.TITUfi FOR PRO'I'IrI' I (fi 0RI11!R
RELIEF ItIDf1l 'I1fE PROTEC'I'llfi l'ROl ABlISF.
ACT, 23 P.B. . 6101 et 8L'Q.
^. ABlISF.
!. The plaintiff, SllIldrn D. IIeIlBY. Is IIn IIdult IndivldulIl residing at
705 Erford Rood, Cnmp lilli, cumberlllnd County, Pennsylvania 17011.
2. The defendant, JosephL. Wells, (SSN:194-60-2104)(D.0.B. 9/4/64), Is
an adult Indlvldunl residing lit 4710 pnrlldlse ROlld, Dover, York r..ounty,
Pennsylvania, t7315.
3. The defendant Is the fllther of the parties' child, Zachary Joseph
Wells.
4. Since approximately 1990, the defendant has lit tempted to couse and
has intentionally, knowingly, or recklessly cllused bodily Injury, to the
plaintiff, hilS placed the pllllntlff In rellsonable fellr of Imminent serious bodily
Injury, and hos knowingly engaged in II course of conduct or repeatedly committed
acts towllrd the plaintiff, under circumstllnces which have placed the plaintiff
In rellRonllhle fellr of horllly Injury. This hilS Included, hut Is not I iIlited to,
the following specific Instllnces of nhuse:
a) On or Ilhout August 2R, 1995, the defendant shoved the
plaintiff IIllllinst the door, pinned her by holding her wrists, and
yelled olJscenltles In her face.
The defendant prevented the
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pllllnt I ff from telephoning the police and threlltenecl to break 1111
thc telephoncs In thc house If she tried.
b) On or IIbout August 19, 1995, the defcndant slapperl the
pllllntlff on the fllce, pushed her clluslng her to fall to the floor,
Rnd choked hcr. The defendllnt let the pllllnt I ff go after she
plcRded with him repelltedly, then followed her downstairs Ilnd
threntened her saying, "I'll fucking kill you, cunt." When the
plaint i ff told the defcndllnt to Icave, hc threRtened her again
/laying, "COIIIC on, hltchl If I'm going to jail 1'lllIIake it worth lilY
while." Thc plaintiff, fellrlng for her sllfety. did not sleep
through the night.
c) In or about ellrly August of 1995, the defendllnt restrained the
plalnti ff as she sat In II chair by plllcing hla hand a on the RrlllS of
the chair and standing over her. During this Incident the defendant
harasserl the pili Inti ff hy yelling In her fllce saying, "How do you
like it, bitch? I'm Ilonnll alt here all night and fucking keep
tlllklllg nnd tnlking 'tll you can't stllnd It. Drlvea you nuts,
.
doesn't It./" The plRlntlff fell red for her safety.
d) III or about Mllrch 16, 1995, the defendant grllbhed the
plaintiff, threw her IIglllnst the willi, IInd threlltened her saying,
"If you ever tell them (his employer) about lIny of this (his Rbuse
of pllllntlff) I'll fucking kill you; rlo you understnnd? I'll
ful'klng kill you." When the pllllntlff rlln downstairs, the clefcndnnt
ripped the telephone from the Willi, Ilrllhhed the pllllntiff by her
IIrma, 111111 tried to throw her out of the house.
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e) In or about 1993, on separute occllslons the defendant choked
the plBlnt I ff through the open window of her vehicle while thel r
child WIIS In the bllck sellt IInd at tempted to punch the plaint I ff
several times.
f) since approximately 1990. the defendant has ahused the
plaintiff In waYB Including, hut not limited to, pushing, Bhovlng,
slllpplng, and chok Ing her. The defendant hilS threatened the
plaintiff severlll times saying, "I'm gonna kill you. You think
Nicole Sillpson had it bad, you ain't seen nothln."
5. The plaint I ff believes and therefore livers that she IB In IMedlate
and present danger of abuse from the defelldllnt Bhould she reMain In the hoIIe
without the defendant's excluBlon and that she iB In need of protection frOll Buch
abuse.
6. The plaint I ff desires that the defendant be enjoined frOll harasBlng
and Btalklng the plaintiff, and from harassing the plaintiff's relatlveB.
7. The plaint I ff desires that the defendnnl be restrlllned from entering
her place of employment.
8. The plnlntlff desires thnt the defendllnt he enjoined from relllOvlng,
dallaglng, destroying or se Illng /lny property owned joint Iy by the part ieB or
owned by the pllllntlff.
IL I'.xCl.lIS I Vll Imsl'.8S ~
9. The home frnm which the plllintlff III nsklng the Court to exclude the
dofendllnt Is deeded ami nKlrtgnged In the nume of Joseph L. Wells, hut the home
was purchllsed during the Plll,tles' relntlonshlp nnd hns been their joint
residence. The defendnnt nMlVed out of the pnrtlcs' residence In late August of
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1995, and has been residing with his sister at 4710 Paradise Road, Dover, York
County, Pennsylvania.
10. The plaintiff currently has no place to stay with her child except
the IlOII8 she shared with the defendllnt snd their child.
11. TIre plaint Iff desires possession of the hoe so as to give the
greatest degree of continuity to the life of the child.
12. The plaintiff desires the defendsnt to provide suitable alternate
houalng for her and the parties' minor child.
I;
C. AT'mRNEY PI!I!8
13. The plaintiff asks that the defendant be ordered to pay reasonable
attorney fees to Legal Services, Inc.
D. TDRIRARY aJSTODY
14. The plaintiff seeks temporllry custody of the following chlldl
*-
Present Residence
All
705 Erford Road
Camp HIli, PA
TIre child was born out of wedlock.
4 years old
DOR: September I, 1991
Zachary Joseph Wells
The child Is presently III the custody of the plaint Iff, ssndra D. Heagy,
who resides at 705 Erford Road, Camp lilli, cumberland County, Pennsylvania.
Since his birth the child hilS rcslded with the following persons IInd at the
folloWing nddresses:
fffIB
Addrellllell
l!Il1U
PlaInt I rr
705 Erford Rond
Camp 11111, pA
late August, 1995
to thc present
Plaintiff anrl defendllnt
705 Erford ROlld
Cllmplllll,PA
January, 1993
to late August, 1995
. .. ---
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-
Addrcuscs
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Plaintiff and her parents
13 Locust street
Wormleyshurg, PA
September I, 1991
to January, 1993
The plaintiff, the mother of the child, Is SlIndra D. lIeaBY, currently
residing at 705 Erford ROlld, Cllmp Hill, Cumhel'lullll County, Pennsylvania.
She Is divorced.
The plaintiff currently resides with the following person:
IfMIl
Relationship
Zachary Joseph We lis
he r son
The defendant, the fat her of the child, is Joseph I.. We lis, current ly
residing at 4710 Paradise Rond, Dover, York county, Pennsylvllnla.
lie Is single.
The defendnnt currently reRldes with the following person:
fiIIIll
I!lllilllonshlp
Julie Wells
his sister
15. The plaintiff has not previously pnrtlcipated In any Iltlglltion
concerning custody of the above mentioned child In this or any other Court.
16. On September 7, 1995, Ronn'" E. Johnsoll, ANDREWS" JOHNSON, counsel
for the defendant, advised Legnl Services, Inc. staff that he had filed a
COllpllllnt In Custody 1111 hehlllf of the dcfcndallt on Septemher 6, 1995, snd
requested t1l11t a conclllatlnn conference he scheduled In the IIllltter, hut that II
dato had not yet heen scheduled. Attorney .Inhnsoll WIIS advised by Legal Services,
Inc. stllff thnt the plnlntlff seeks custody through the Pet It Ion for Protection
Order, IInd thllt Lognl Services, Inc. Intenrls to procee,l with filing the petition
which Includes II provislnn re'luest Ing templlrury custody pending the negotiation
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of a Consent Agreement or the resolut Ion of the custody mutter lit the
conciliation conference.
17. The plaintiff does not know of any person not a pnrty to this oct Ion
who has physical custody of the chi hi or clnlms to hllve custody or vlsltlltlon
rights with respect to the child.
18. The best Interests unci permnnent wulfllre of the minor chi Id will be
met I f custody Is temporari Iy grllnted to the plaint Iff pending a hearing In this
matter for reasonR Including:
II. The plaint I rr Is II rcsponslble parent who can best
tllke care of the minor child and hilS provided for the
emot lanai IInd physlclIl needs of thc children since his
birth.
"
.
b.
The dufendunt hilS shown hy his IIbuse of the
,
pllllntlff thnt he Is not IIn appropriate role l1IOdel for
the minor chillI.
~
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\\1fEREI'ORE, pursullnt to the provisions of the "Protection from Abuse Act"
of October 7, 1976. 23 P.S. 6 6101 !ll. seQ., liS amenrled, the plaintiff prill'S this
A. Grant II Temporllry order pursullnt to the "Protect Ion from Abuse
Honornhle Court to grllnt the following relief:
Act:"
t.
Ordering the rlofendllnt to refrain from abusing the
c
0"
pllllntirr 1111I1/01' placing her In fellr of ahuRel
f
2.
Ordering the dcfendllnt to refrllln from harllsslng and
Iltlllklng tho pllllntlff 1111I1 from hllrllsslng the plaintiff's
rolutlvesl
3. Prohlhltlng the defenrlant from removing, dnmnglng,
destroying or selling properly joint Iy owned hy the parties or
owncd hy tho plaintiff;
4. Orant Ing possession of the home located nt 705 Erford
Rand, Cnmp IIi II, Cumherland County, Pennsylvllnla, to the
plaintiff to the exclusion of the defendant pending a final
order In this matter, except for the limited purpose of
t ransfel'rlng custody;
S. Ordering the defen,llInt to stay awny from Bny residence
the plnlntlff mny in the future estnhllsh for herself, except
for the limited purpose of lrllnsferrlng custody;
6. Ordering the defenrlllllt to provide sultllble alternste
housing for the plllintlrr llnel the parties' minor child, Ilnd
7. Granting temporary custody of the Pllrtles' minor child,
Zachary Joseph Wells, to the plnintlrr.
B. Schcdule R hearing in ncconlllnce with the provisions of the
"Protect Ion from Abuse Act," nnd, lifter such heRring, enter Iln order to be In
effect for R period of one yeur:
I. ordering the dcfendunt to refrllln from abusing the
pllllnt Iff lind/or plllclng her in fenr of ubuse.
2. ordering the defendlllll to refrnln frnm hllrRsslng IInd
stlllklng the plllint I rr IIml from hllrllllslllg the pllllntl ff's
rellltlvcs.
3. Prohlhitlng the d"fcmlnnt from removing, dllmllglng,
destroying or selling pl"llpel'ty Joint Iy owned hy the pnrt les or
owned hy the plul ntlfr.
4. Grant Ing possesRlon of the hOIlKl locllted nt 705 Erford
Road, ClUllp 11111, cumhel'land County, Pennsylvania, to the
plalnti rr to the exclusion of the defcndant, except for the
llmltcd purpose of transferring custody.
5. Ordering the defendllnt to stay IIway from IIny residence
the pllllntlff mill' In the future estllhllsh for herself, except
for the limited purpose of trllnsferrlng custody..
6. Ordering the defendant to provide suitable alternate
housing for the plnlnt I ff IInd the minor chlld/ren.
7. Ordering the defendllnt to pay reasonsble IIttorney fees
to Leglll Services, Inc.
The pllllnt I ff further asks that this Pet I t Ion be flied and served without
pllyment of fees IInd CORts by the plllint I fr, pending II further order at the
hearing, and that certified copies of this Petition and Order be delivered to the
the East Pennshoro Township and Camp 11111 Police Departments departments who hllve
jurisdiction to enforce this Order.
The plaintiff prays for such other relief liS mill' be just and proper.
Respectfu II y Buhm I lied ,
(
1.mA1. SERVICfft'l, INC.
R I rv I ne Row
Cnrlisle, PA 17013
(7 t 7) 243-'1400
The above-named plaintiff, Sandrll D. HellBY, verifies that the state~nts
lade in the above Petition lire true and correct. The plulntlff understands that
false statelCnts herein are made subject to the penalties of 18 Ps.C.S. 84904
relating to unsworn falsification to autl~rltleR.
Date:
9/ {p/Q5
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SHERIFF'S RETURN - REGULAR
CASE NOI 1995-04B05 P
CO""ONWEALTH DF PENNSYLYANIAI
COUNTY or CU"BERLAND
HEAGY SANDRA D
YS.
WELLS JOSEPH L
JODY S"ITH , Sheriff or Deputy Sheriff of
CU"BERLAND County. Penneylvan1B. who being duly sworn according
to law. says. the within PROTECTION FROM ABUSE was eerved
upon WELLS JOSEPH L the
defendant, at 1045100 HOURS, on the !lih day of Se~~mber
19~ at DNE COURTHOUSE SQUARE CUMBERLAND CO. SHERIFF'S DEPT
CARLISLE, PA 17013 -' CUMBERLAND
County, Pennsylvania. by handing to RON JOHNSON, ATTORNEY FOR
JOSEPH L. WELLS
. true and atteated copy of the PROTECTION FROM ABUSE
together with TEMPORARY PROTECTION ORDER NOTICE AND PETITION
and at the same time directing ~ attention to the contents thereof.
Sheriff's CostSI
Docketing
Service
Affidavit
Surcharge
lB.00
.00
.00
.00
So answers I ~ ~
-:,~C?~_,~/ ~
I .-.,.,-~,-~~~. '1--~
.~ Thomas Kllfie. Sher~ll
~11l:"m'J-
00/00/1/1000
bY.)'((.\-l .\/111'(/....;
,( Depuly Sheriff
Sworn and [JUbscrib~~belOr\? me
this .J\l;:!S- day of ~__
19 q\' A. D.
__0 _(J~_ ))0LW.__~-IJPI ,
-~ "roU;orlO1'~a"y ,
....____.___..._...._~_.......__... ..~...__.<o........~..... P'
......._...._........-~_.'...--.......'~.. ,.~......__....-~....... .. ~""I
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ACCEPTANCE OF SERVICE
I accept .ervice of the Temporary Protection Order, Notice & Petition
(on behalf of Jose h L. Wells
certify that I am authorized
f#pr
Dati
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/4- / 70j;?
SANDRA D. HEAGY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
.
: NO. 95-4805 CIVIL TERM
JOSEPH L. WELLS,
Defendant
ORDeR OF COURT
AND NOW, this \ '6 day of June, 1998, upon conslderetlon of the attached
Complaint, It Is hereby directed that the parties and their respective counsel appear
beforeJ"ilt-nr\ L. Pif'l~.\~ the~nclliator, at 3Jd S. i~..\\"~\-'ICm~
onthe l~ dayof~f~98,at ~.oo P,M, fora Pre-Haarlng Custody
Conference. At such Conference, an effort will be made to resolve the Issues In
dispute; or if this cannot be accomplished, to define and narrow the Issues to be heard
by the Court, and to enter Into a temporary order. Failure to appear at the Conference
may provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
r
By:
Custody Conciliator
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.
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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SANDRA D. HEAGY,
Plalnllff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
.
.
: NO. 95-4805 CIVIL TERM
JOSEPH L. WELLS,
Defendant
~NTFORCU8TODY
1. The Plaintiff, Sandra D. Heagy, Is an adult Individual currently r.sidlng at
328 2nd Street, West Falrvlew, Cumberland County, Pennsylvania, 17025.
2. The Defendant, Joseph L. Wells, Is an adult Individual currently rellding
at 1608 West Holly Street, Coal Township, Pennsylvania, 17866
3. The partiel are the natural parenti of the child, Zachary Weill, bom
September 1, 1991.
4. In 1995. following a Protection from Abule action at the above captioned
number, the parties entered Into a Consent Agreement which allO
Included a provision for custody.
5. Thereafter the parties modified this Custody Agreement and from 1996
until May of 1998 the parties essenllally shared custody on a 50/50
rotating basis.
6. In approximately May of 1998, the father, Joseph L. Wells, did relocate
from the Cumberland County area to his current residence in Coal
Township, Pennsylvania,
SANDRA D. HEAGY,
Plaintiff
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
PENNSYLVANIA
vs.
CIVIL ACTION. LAW
JOSEPH L. WELLS,
Defendwlt
NO. 95-4805 CIVIL TERM
ORDER
ANDNOW,thls "I4\. daYOf~ ,I998,uponreceiptofthe
Conciliator's Report. It appearing that the parties have agreed to the tenns and provisions of this
Order which was dictated in their presence and approved by them. it is hereby ordered and
directed as follows:
I. The parties shall share legal custody of their minor child, Zachary
Wells, d.o.b. September I, 1991.
2. The custodial arrangement for Zachary Wells shall be as follows:
A. During the school year, the child shall live primarily with
Mother. Father shall be cntltled to periods of partial custody and
visitation on a three weekend on, one weekcnd off schedule. These
periods of partial custody and visitation shall occur from 6:30 p.m. on
Friday until 5:00 p,m. on Sunday. This schcdule shall commence with
the weekend of September 4, 1998.
n. Fllther shllll have the child during thc summer months
beglnningthc first full weck liner (hc child is relcascd Irom school until
the week prior to the commencement of school. Mother shall be entitled
to periods of plll1ial custody and visitalion on a three weekend on, one
weekend olT schedule. These periods of plll1ial custody and visitation
shall oeeur from 6:30 p.m. on Friday until 5:00 p.m. on Sunday.
3. The plll1ies shall share the transportation and are agreeing that the
transfer shall be approximately at the Ft. Indiantown Gap exit. The plll1ies shall
agree upon an exact location for the transfer.
4. The plll1ies shall alternate the major holidays. those being defined as
Labor Day, Thanksgiving, Easler, Memorial Day, and Fourth of July. This
alternating schedule shall commence with Father having the child on Labor Day.
The plll1ies shall agree upon the times of these periods ofplll1ial custody.
5. The child shall be with Mother on Mother's Day and with Father on
Father's Day, al times to be agreed upon by the plll1ies.
6. The plll1ies shall each be entitled to one week of vacation with the child
during the summer months. The parties agree to give each other thirty (30) days
advance notice when they intend to exereise this period of vacation.
7. The plll1ies agree that they shall not make any disparaging remarks
about the other In front of the child and they also will endeavor not to put the
child in the middle of any potential disputes that they have between each other.
The plll1ies recognize that the chlld's Intcrests are paramount and that whenever
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possible, they should not Include him In any Issues that are occurring between the
two of them.
8, The parties shall provide the chUd with reasonable telephone access
when the child Is In the other party's custodial care.
9. Such other times 8S the parties may agree.
J.
RobertJ.Mulderlll,Esqulre _ ~.... ~ 9/1'1196'.
Mr. JOllCph L. Wells, pro se ..>J . ~
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"
SANDRA D. HEAGY,
Plaintiff
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION. LAW
JOSEPH L. WELLS,
DefendWlt
NO. 95-4805 CIVIL TERM
JUDGE PREVIOUSLY ASSIGNED: None
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 191 5.3.8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent Infonnatlon concemlng the chlld(ren) who ls(are) the subject of this
litigation Is as follows:
NAME
BIRTHDA TE
CURRENTLY IN
CUSTODY OF
Zachary Wells
September 1,1991
2. A Conciliation Conference was held on August 19, 1998, Wld the following
individuals were present: the Plaintiff Wld her attomey, Robert J. Mulderlg, Esquire; the
Defendant appeared pro se.
3. Items resolvcd by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The Plalntllfs position on custody Is os follows: See attached Order.
6. The Defendant's position on custody is liS follows: Sec attached Order.
7. Need for sepamte counsel to represent chlld(ren): Neither party requested.
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8. Need for independent psychological evaluation or counseling: None requested and the
Conciliator does not believe any is necessary.
Date: September 9, 1998
Mich I L. Dangs
Custody Conciliator
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7. The parties have orally agreed to a modified schedule which provldel
primary physical custody of the child to his mothlr, Sandra D. Helgy and
visitation to father, Joseph L. Wells.
8. It Is mother's Intent to modify any prior Court Order to reflect her primary
physical custody of the child, Zachary Wells.
WHEREFORE, for all the above reasons, the Plaintiff, Sandra D. Heagy,
respectfully requests this Court to enter a Custody Order providing her with primary
lagal and phYllcal cultody.
Respectfully submitted,
TURO LAW OFFICES
.
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Dae
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on Tura, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plalntlff/Mother
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