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Cumberland County, Pennsylvania, which the parties have never
shared, except for the limited purpose of transferring custody
during which times the defendant shall romain in his vehicle.
7. The defendant is order'ed to st.ay /lWIlY from Ilny
residence the plaintiff may in t.ho fut.ure establish for herself,
except. for the limited purpose of transferring cust.ody during
which times the defendant. shall remain in his vehicle.
B. The court. costs /lnd fees are waived.
9. This Ordor shllll remain in effect for a period of one
year or until modified or t.erminated by the Court.. The Order can
be extended beyond it.s original explrat.ion dat.e if the Court.
finds thllt. t.he defendant hilS commit.t.ed anot.her act. of ahuse or
has engaged In a pat.t.ern or pract.lce that Indicates continued
risk of harm to t.he plaintiff.
10. This Order may subject the defendant to: i) arrest
under 23 Pa.C.S. ~6113; Ii) a privat.e criminal complaint under 23
PR.C.S. ~6113.1; iii) a charge of indirect. criminal contempt
under 23 Pa.C.S. ~6114, punishable by imprisonment up t.o six
mont.hs and a fino of $100.00-$1,000.00; Ilnd iv) civil contempt
under 23 Pa.C.S. ~6114.1. Resumption of co-residence on the part
of the plaint.iff and defendant shall not nullify Lhe provisions
of the court. or'der,
II. The Pennsylvani/l SLaLe, Upper Allen Township, and West.
Shore Regional Police Depart.ment.s shall bf' pr'ovided wit.h
cert.ified copieR of thiR Ordf'r by \.lIP piaint.iff's nUor'ney nnd
may enforce t.hiR Order hy arrcRt. for indirect criminal cont.empt
I,..,<ld..nc.. 10cllt.I,,1 Ill. !lllll Woodlllnd IJl'lv/', 1./'III0YIII', Clllllhnl'lllnd
County, PenuRylvnnin, which Illp l"tf.t.If'H hllv.. flf'V"" Hhnl'f'll, f'xr.('Jll.
for the Ilmlt.",' pllrl)('Hn 01' I,J'lInlll"'1'I'lnll "lInlody, Tit.. dnl'/'ndllnl,
wi II I....mllin In hlH v..hl,'I.. dlll'llIll 1.1", 1111I" Id' 1"1111111'"" 01' 1.1",
child.
7, 'rtH~ {h~ferl(lnllt. nt-(I'pf'H t.o Ht.ny "WItY I'I'fllll "flY r'l'Hidrncr
t.he pllllnt.lff mllY in I.h.. 1'111,111'" ..nlllhllHh 1'01' 111'1'",.11', f'xcel't. for
t.h.. I Imll...cJ pllrl'Ollf' 01' t.I'lInHf"I'I'lnll I'IIHt.ody. 'I'h.. d..f','ndllnt. will
I'emllin In hili v..lli,'I,' dlll'lnll 1.111' 1.111I" of I "lInll 1'.. I' 01' 1.1", child.
R. Th.. d..f"lIdllnl, IIlthollllh ..nl..,'11I1l 11110 Ihlll ^I("I'nment.,
do.." not. ndmlt. 1.1,.. "11"1l,,IIOIIII 11",,1,' In lh.. 1'"l.Il.1on.
9. Thf' dt'l'pndullt 1IIlih"'B'nwIH I,h"t. lilt" Pr'ot..{~l.inn Order
,'nt.I'I,..d in t.hl" m"I.t.,." will I". In ..1'1'..1'1 1'01' " 1"'1'lod 01' on.. year
"nd ,'nn IH' ..xt...nd..d lll'yolld II ol'll(llInl ..xl'll'lIl.lon dill". II' t.he
(;Olll't. 1'1 ndll thill, 1.111' d,'I'..nd"lIl hllH "01111" It. t...d "no 1.111'1' 111'1, 0 I' /lbuse
or hHH ('ngn~p.rI in n (Jlltt"q'fI III' PI'IIf" ie'l' Ihllt Irlfllcnt.PH continupd
I'i"k of IlIll'm to 1.1", 1'11I1nl,ll'l'. 'I'h,' d..f..ndllnl IIl1d..,."t.llndH t.hnt.
t.hiH Or'fit'I' wi 11 IH' PlIl'nr,(.,."ld.' ill t h.. HIlIllI' mnlll"'" IlH t.hp Court.'s
pI'lor T..mpol'nl'~' Prol.....1 Ion ()I'd"I' ..nl..I,..d In I.hl" ell"...
Ill. Viollll.lon of 1.111' 1'1'01/,.'1,1011 (),'d..I' 11I11:-' HuhJ..cl, t.he
d..f..ndnnl. to: i) Ill",..,,1 IInd,'I' 2:1 p".c.s. ~1111:1; i I) n priv/lt.e
"I'llIIilllll COlllplllinl ","1.." 2:1 I'II.C.S. ~1111~.I; ill) II chnl'ge of
Inrlll'''''t. "l'lmiolll .,.,,11"11I1'1 '"111,,1' 2:1 I'II.C.S. ~n114, punishnble by
impI'lHoII""'1I1 lip 10 Hlx IIIOlnlhn IlIld II 1'110' 01' $lllll.llO-$I,OOO.OO;
IInd Iv) ,'Ivil "OIII"'lIIpl II lid.. I' :~:I I'II.C'.S. ~nll'1.1.
II. 'I'h.. d..I'''lIdlllll ,,,"1 Ih.' pl"lnlll'I' "Ill"'" 10 t.h.. ent.ry of
an Order providing for the following custody schedule for their
child, Mark William Foster.
a. The mother aud father shall share legal custody of
the child.
b. The mother shall have primary physical custody of
the child.
c. The father shall have partial custody of the child
overnight every Tuesday and Thursday at times mutually
agreed upon by the parties, and the father shall have
tbe cblld every other weekend at times mutually agreed
upon by the parties.
d. The parties shall share the following holidays:
Easter, Memorial Day, tbe Fourth of July, Labor Day,
Thnnksglvlng, and r.hristmas at times mutually agreed
upon hy the parties.
e. The fal,her shall have the right to see the child
on his birthday at a time to be agreed upon by the
mother and fal,her.
f. The father shall have the right to partial custody
of the child for two wef'ks of each summf'r. The father
will give the mother two weeks notice as to when his
period of summer custody will takf' place.
The mother
will have I,hf' right to have the child on weekends
dUl'ing thaI. I.ime unless the fal.her takes the child on a
vacntion I.,.;p including wpekeuds. The mother also has
th" l'lghl. 1,0 lak.. I.hf' child on a summf'r vacat.ion
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The defendant shall remain in his vehicle at all times during the
transfer of custody.
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, except for the limited
purpose of facilitating custody arrangeffients.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives.
The defendant is enjoined from entering the plaintiff's
place of employment.
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 Fa.C.S. ~6113; ii) a private criminal complaint
under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal
contempt under 23 Pa.C.S. ~6114, 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. ~6114.1. 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.
the following specific instances of abuse:
a. On or about November 13, 1995, the defendant
repeatedly punched the plaintiff in the face. The
defendant threw the plaintiff onto the floor and
repeatedlY punched her in the face again causing her to
have a black eye, bloody nose, cut lip, and a chipped
tooth. The plaintiff called the police and the
defendant was charged with simple assault.
b. In or about March 1995, the defendant punched the
plaintiff in the head causing her pain and swelling.
c. On several different occasions since approximately
1990, the defendant has punched the plaintiff causing a
black eye, thrown her over furniture, kicked her while
wearing cowboy boots, thrown her against walls, knocked
her off of chairs, and chocked her.
5. On or about November 13, 1995, the plaintiff left her
residence at 499 E. Elmwood Avenue, Mechanicsburg, 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, except for the limited purpose of facilitating
2
The child was not born out of wedlock.
The child is presently in the custody of the defendant, Hark
E. Foster, who is presently residing at 551 Lexington Avenue,
Hechanicsburg, Pennsylvania, and the plaintiff, Cathy H. Foster,
who is presently residing at 906 Woodland Drive, Lemoyne,
Pennsylvania.
During the past five years, the child has resided with the
following persons and at the following addresses:
ful!m
Plaintiff and
defendant
Plaintiff and
defendant
Defendant and
Kim Knaub
Scheaffer (friend)
Plaintiff,
A.W. and Helen
Heinz
(plaintiff's
parents)
Addresses
Dates
493 E. Elmwood Ave.
Mechanicsburg, PA
5/1/93 to
10/1/92
10/1/92 to
11/13/95
11/13/95 to
present
499 E. Elmwood Ave.
Mechanicsburg, PA
551 Lexington Ave.
Mechanicsburg, PA
and
906 Woodland Dr.
Lemoyne, PA
11/21/95 to
present
The plaintiff, the mother of the child, currently resides at
906 Woodland Avenue, Lemoyne, Cumberland County, Pennsylvania.
She is married.
The plaintiff currently resides with the following persons:
Name
Relationship
Mark Willism Foster
A. W. Heinz
Helen Heinz
Son
Father
Mother
4
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 ~ ~., 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 Lhe defendant to refrain from having
any direct or indirect contact with the plaintiff
or the minor child including, but not limited to,
telephone and written communications, except to
facilitate custody arrangements.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
6
6. Ordering the defendant to stay away from the
plaintiff's residence located at 906 Woodland
Drive, Lemoyne, Cumberland County, Pennsylvania,
which the partics have ncver shared, except for
the limited purposc of transferring custody of the
partics' child. The defcndant shall remain in his
vehicle at all timcs during the transfer of
custody.
7. Ordering thc defendant to stay away from any
residence the plaintiff may in the future
establish for herself, except for the limited
purpose of transferring custody of the parties'
child. The defendant shall remain in his vehicle
at all times during the transfer of custody.
8. Granting temporary custody of the minor child
to the plaintiff.
B. Schedulc a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
an order to be in effcct 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 dcfcndant to refrain from having
any direct or indirect contact with thc plaintiff
including, but not limited to, telcphone and
7
written communications, except to facilitate
custody arrangements.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence located at 906 Woodland
Drive, Lemoyne, Cumberland County, Pennsylvania,
which the parties have never shared, except for
the limited purpose of transferring custody of the
parties' child. The defendant shall remain in his
vehicle at all times during the transfer of
custody.
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future
establish for herself, except for the limited
purpose of transferring custody of the parties'
child. The defendant shall remain in his vehicle
at all times during the transfer of custody.
8
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 certified copies
of this Petition and Order be delivered to the Pennsylvania State
Police, Upper Allen Township, and West Shore Regional Police
Departments which have 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
19. The allegations of Count I above are incorporated
herein as if fully set forth.
20. The best interest and permanent welfare of the minor
child will be served by confirming custody in the plaintiff as
set forth in paragraph 18 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S. ~ 5301 et ~., and other
applicable rules and law, the plaintiff prays this Honorable
9
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