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HomeMy WebLinkAbout95-06662 V, STEVE A, SEIBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW CHRISTINA M, ST,JEAN. Plaint1 ff NO. 95-6662 CIVIL TERM IN RE: PROTECTION FROM ABUSE OJillEILM_ COURT AND NOW. this 28th day of November. 1995. this matter having been called this date on the petition of plaintiff for a civil protection from abuse order, and defendant being willing to enter into such on order by consent without admission, it is ordered as follows: 1, Defendant is enjoined and prohibited from abusing or threatening to abuse plaintiff, 2, Defendant is enjoined and prohibited from going to or being at any separate residence or place of employment of plaintiff, 3, The .25 semi-automatic handgun seized by the sheriff of Cumberland County shall remain in the possession of the sheriff, 4, This order shall remain in effect for a period of one year, Court, / Edgar B. BaYle~. F---- ...',yI Joon E, Carey. ESQuire tftuY For Plaintiff ~\\~~~~ Bradley L, Griffie, ESQuire \~~ For Defendant ..; V :prs plaintiff and from harassing the plaintiff's relatives. 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-residence 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 Sarah St.Jean, is hereby awarded to the plaintiff, Christina H. St.Jean. The defendant is ordered to relinquish to the sheriff's department a handgun which he owns and possesses, and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. A hearing shall be held on this matter on the '(:J ,)l - day of November, 1995, at t: 'IS u.m., in Courtroom No. TL, Cumberland County Courthouse, Carlisle, Pennsylvania. included, but is not limited to, the following specific instances of abuse: a. In or about November 1995, the defendant pushed the plaintiff backwards, sat on her, and held her wrists crossed together in front of her while he poked his index finger in her face causing her to fear for her safety. b. In or about September 1995, the defendant forcefully slapped the plaintiff across the face causing her pain. c. In or about August 1995, the defendant forcefully grabbed the plaintiff around her throat and slammed her against a refrigerator causing her to have a hard time breathing. d. Since approximately 1992, on several different occasions, the defendant has slapped the plaintiff across her face, punched her on the side of her head, choked her, kicked her, pushed her, and grabbed her by the arms leaving bruises. On other occasions, the defendant restrained the plaintiff by sitting on her and grabbing her wrist to prevent her from moving. On several different occasions, the defendant threatened to kill the plaintiff and he keeps a handgun on the kitchen shelf causing the plaintiff to fear for her safety. 2 5. On or about November 7, 1995, the plaintiff left her residence at 179 Hair Road, Newville, Cumberland County, Pennsylvania, in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she is 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 prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 9. 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. 10. The plaintiff desires that a handgun which the defendant owns and possesses be confiscated by the Sheriff's Department. B. EXCLUSIVE POSSESSION 11. The home which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented by the defendant, and he has never resided there. 12. The defendant has his own residence located at 179 Hair Street, Newville, Pennsylvania. 3 C. TEMPORARY CUSTODY 13. The plaintiff seeks temporary custody of the following child: liJ!G Present Residence ~ Sarah St. Jean 591 Noland Dr. Sykesville, Maryland 4 yrs, old DOB 3/27/91 The child was born out of wedlock. The child is presently in the custody of the plaintiff, Christina M. St.Jean, who resides at 591 Noland Drive, Sykesville, Maryland. Since her birth, the child has resided with the following persons and at the following addresses: Plaintiff, John and Kathy St.Jean, (plaintiff's parents) Heather and Melanie St.Jean (plaintiff's sisters) 591 Noland Dr. Sykesville, Maryland Dates 3/27/91 to 9/93 9/93 to 11/7/95 11/7/95 to present If!!G Addresses Plaintiff, defendant, and Steve Seibert, Jr. (defendant's son) 179 Hair Road Newville, PA Plaintiff and defendant 179 Hair Road Newville, PA The plaintiff, the mother of the child, currently resides at 591 Noland Drive, Sykesville, Maryland. She is single. The plaintiff currently resides with the following persons: 4 the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. 6 6101 ~ ~., 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. Ordering the defendant to stay away from the plaintiff's residence located at 591 Noland Drive, Sykesville, Maryland. 6. Ordering the defendant to stay away from any 6 residence the plaintiff may in the future edtablish for herself. 7. Granting temporary custody of the minor child to the plaintiff. 8. Ordering the defendant to relinquish to the sheriff's department a handgun which he owns and possesses, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the order. 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 7 plaintiff. 5. Ordering the defendant to stay away from the plaintiff's residence located at 591 Noland Drive, Sykesville, Maryland. 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 7. Ordering the defendant to relinquish to the sheriff's department a handgun which he owne and poeseeses, and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Order. 8. 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 CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 18. The allegations of Count I above are incorporated herein as if fully set forth. 8 >- N' ~ ~ .:l" Q 52 :"i ~...:...~ ~~. (.., -;# ....- u"~'" ~ <" ~'i (::~ Co .:r :<.'_~1 ,,' C ;::.11;:,: ~~;! r.: U.'-~ !.~ t~c... F u.. ~,. l'- ", ::> 0 C' 0 o~ ee ~ _. "