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Home My WebLink About95-06786 oj u . oJ ~ -;P L. j ~ J .j 00 r- j 1 to cr \ .:... ,',':; " "' ~.; 'or' .; of . '::1 .."'--~ ", ~~ ....; . , "'.. .", , -If,' '~ 'j . :. ~' : .;~J , '{;, y~ _.;:-:~.. .C,,'. .:~-.:- - ';{f'<~ , ~. ~ --.,,- , .'-,-,-'). .:;'::fl~; .'" ~,~; :::;;I~\ '.\:l :\i~4 .,-....:!~f~ :,:-.\:;~. '-':,"(;"' , ~:t , , .;.~~~ -)t ,J t. ~ '..., i,. ....-,. . ~~~:'j.:' "-." "I ~. . . - : '~lY~.'~ . ''''i", '.-,' <'-.~-" " ;- :~;"7!;t+. ,...:,l,.,,:J.6 '1'~' , " l Melinda J, Lehr, Plainti ff AND ON BEHALF OF HER MINOR CHILDREN: Amanda J, Price and Amber R, Price IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-v7~ CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY vs. Robert T. Price, Jr" Defendant TEMPORARY PROTECTION ORDER AND NOW, this 3D' day of November, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Melinda J. Lehr, and her minor children, now residing at an undisclosed location, are in immediate and present danger of abuse from the defendant, Robert T. Price, Jr., the following Temporary Order is entered. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff and/or the children in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff and/or children except by further Order of Court, The defendant, Robert T. Price, Jr" ISSN: 175-54-6118 and date of birth: 9/28/67) now residing at 10 W. Beale Avenue, Apartment B, Enola, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Melinda J. Lehr, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's current residence, to which the plaintiff moved to avoid abuse, and which is not owned or leased by the defendant. .",." '_T. ~'...', The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself, 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 arrangements, 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 or the school and the day care facility of the minor children, 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 aix 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 proviaions of the court order, This Order shall remain In effect until modified or terminated by the Court ond 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 Amanda J, and Amber R. Price is hereby awarded to the plaintiff, Melinda J, Lehr. A hearing shall be held on this matter on the ~ day of NO,~, Cumberland December, 1995, at ).' 3 () . J' ,m., in Courtroom , County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberlsnd 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 rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail, The appropriate police department will be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay APl Judge before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice, (23 Pa.C,S. g 6113). By the Court, Melinda J, Lehr, Plaintiff AND ON BEHALF OF HER MINOR CHILDREN: Amanda J. Price and Amber R. Price IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95- CIVIL TERM vs, PROTECTION FROM ABUSE AND CUSTODY Robert T. Price, Jr., Defendant NOTICE 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. ror their representation of the plaintiff. You should take this paper to your lawyer at once, have a lawyer or cannot afford one, go to or telephone forth below to find out where you can get legal help. If you do not the office set 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 of rice. 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. . ,.~ ,.;.. - .'Y.-'.,=. - Melinda J. Lehr, Plaintiff AND ON BEHALF OF HER MINOR CHILDREN: Amanda J. Price and Amber R. Price IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- CIVIL TERM VB, PROTECTION FROM ABUSE AND CUSTODY Robert T, Price, Jr" Defendant PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C,S. g 6101 et seq, A. ABUSE 1. The plaintiff, Melinda J, Lehr, is an adult individual whose permanent residence was 10 W. Beale Avenue, Apartment B, Enola, Cumberland County, Pennsylvania 17026. 2. The plaintiff and her minor children are 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 defendsnt, Robert T. Price, Jr., (SSN: 175-64- 6118)(Date of Birth: 9/28/67), is an adult individual residing at 10 W. Beale Avenue, Apartment B, Enola, Cumberland County, Pennsylvania, 17026. 4. The defendant has had an intimate relationship with the plaintiff. 6. Since approximately 1989, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused 1 , bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury for herself and her minor children, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff and the minor children under circumstances which have placed the plaintiff and her minor children in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about October 24, 1995, the defendant threatened to kill the plaintiff and his mother while the plaintiff was talking on the telephone to the defendant's mother. The defendant then grabbed the plaintiff's arm and shook her causing his mother to be concerned for the plaintiff's safety and to call the police. When the East Pennsboro Police arrived, they took the plaintiff and her children to a safe place and she has not returned since that date, b, On or about October 23, 1995, the defendant threw a Jar of sauce over the plaintiff's head hitting the wall over her head causing the Jar to shatter and the plaintiff to fear for her safety. The defendant then got a butcher knife from the kitchen, stood in front of the plaintiff, raised his hand pointing the knife at the plaintiff, and threatened to kill her, his mother, and the minor children. The defendant flipped a 2 "'!~.__"".:f.~...;.-; ';\ooj'!i.':-r"':::~-{r.r"<it'~<o:~~~,b~,:t"..- , '. 7:}~"-'-'~~'-';'Y<<~'~4:-'!'::X: 1'"{ ..:~:it'-~, kitchen table over and told the plaintiff to get out, The plaintiff left the residence and went to a friend's home, c. On or about October 6, 1995, the defendant grabbed the plaintiff by her arm and forcefully pushed her into the bottom of a bed yelling at her and causing her to fear for her safety, d. On several different occasions since approximately 1989, the defendant has pushed the plaintiff, grabbed her by the arms and hair, choked her and restrained her so that she could not leave the residence. 6, On or about October 24, 1996, the plaintiff and her two minor children left their residence at 10 W. Beale Avenue, Apartment B, Enola, Cumberland County, Pennsylvania, in order to avoid further abuse. 7, The plaintiff believes and therefore avers that she and the minor children are in immediate and present danger of abuse from the defendant that they are 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, except for the limited purpose of facilitating custody arrangements, 9. The plaintiff desires that the defendant be enjoined 3 "".-'."..:~'..'~'.~1"."';"-""'V'."".., ,.,._., ,.c""-,,,,,,, '."_"'''''>. ".' _~",.",.,-"~,~.,,,,-,;,''''~:T'~'i'~~-'"~'~,~~- from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 10, The plaintiff desires that the defendant be restrained from entering her place of employment or the school and day care facility of the minor children, 11. 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 12, The home which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. 13. The defendant has his own residence located at 10 W, Beale Avenue, Apartment 8, Enola, Pennsylvania. C. ATTORNEY FEES 14. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. E. TEMPORARY CUSTODY 15, The plaintiff seeks temporary custody of the following children: lWm Present Residence Au Amanda J, Price undisclosed location 6 yrs. old DOB 1/20/89 Amber R. Price undisclosed location 3 yrs. old DOB 7/19/92 The children were born out of wedlock. 4 The children are presently in the custody of the plaintiff, Melinda J, Lehr, who is currently residing at an undisclosed location, During the past five years, the children has have resided with the following persons and at the following addresses: .fiAu Addresses Dates Plainti ff . defendant, and Robert and Virginia Price, (defendant's parents) 2150 Susquehanna St. Harrisburg, PA 1/90 to 6/90 Plaintiff and defendant Taylor Park Apts. Harrisburg, PA 6/90 to 9/90 9/90 to 6/91 6/91 to 4/92 4/92 to 2/93 2/93 to 4/94 4/94 to 8/94 8/94 to 10/24/95 10/24/95 to present Plaintiff and defendant The Pines Apts, Harrisburg, PA Plaintiff and defendant Mobile Home Highspire, PA Plaintiff and defendant Whisperwood Apts. Harrisburg, PA Plaintiff and defendant 8 State Rd. West Fairview, PA Plaintiff and defendant 209 Louis Lane Enola, PA Plaintiff and defendant 10 W. Beale Ave. Enola, PA Plainti ff undisclosed location The plaintiff, the mother of the children, currently resides at an undisclosed location, She is single. The plaintiff currently resides with the following persons: 5 mum RelationshiD Amanda J, Price Amber R, Price daughter daughter The defendant, the father of the children, currently resides alone at 10 Beale Avenue, Apartment B, Enola, Cumberland County, Pennsylvania. He is single, 16. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. 17. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 18. 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. 19. 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 responsible parent who can best take care of the minor children and who has provided for the emotional and physical needs of the children since their births. b. The defendant has shown by his abuse of the 6 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. g 6101 1l.t. ~., 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 the minor children or placing them 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, 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 and the school or the day care facility of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property Jointly owned by the parties or owned solely by the 7 '- plaintiff. 6. Ordering the defendant to stay away from the plaintiff's current residence which the parties have never shared, 8, 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 and/or the minor children or placing them 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, 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 and the school and 8 the day care facility of the minor children. 6. 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 current residence which the parties have never shared, 7, Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 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 appropriate 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 20, The allegations of Count I above are incorporated herein as if fully set forth. 21, The best interest and permanent welfare of the minor 9 children will be served by confirming custody in the plaintiff as set forth in paragraph 19 of the petition, WHEREFORE, pursuant to 23 Pa.C,S. g 5301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor children to her. The plaintiff prays for such other relief as may be Just and proper, Respectfully submitted, for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 10 ,.,c.;,_.;..... , ..; .., ,......,.; e," ~""""~!!?"~'~I!.:,,,,~'?;~,,!~,~iif;~,, The above-named plaintiff, Melinda J, Lehr, verifies that the statements made in the above Petition are true and correct, The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C,S. g 4904 relatins to unsworn falsification to authorities. Date:-'.l-'J-1~ iJ ~ ~ "'.... ...~ ...,.~;C: .... <. ::1'< =;:-o;~' t..t..-:;'-J~ 1"':2;.,> OJ--.::_' Q:;:-":>- U",-.,.t.ll -oJ .~u:.:z. _,WUJ;:C ..... ~... '.Uu., ....-.:a..a.. .~:::o :.)Co = "'" ... .2' r.n ~ c::> .-.., =- _c -= .:"~ " ,'; <:~,; "! r, ,.1 '.,"1 j. Lf .~. ~"l .-'" '-J.',.U!~,I' L1 I;:fi; . "~ ',-.;. .. ;'1 i, ~., ,-- , ,. " , i ;; ~ '>(,; t ,~,' ;, r' . f-fufHf"5 II ;~. j'j ~;'~H.'_{ :;!':",t};. "1 ,,-' j,,-,-( 'iJ' ~ ~J ... ~ .. - .j ~ .~ 'f Melinda J, Lehr, Plaintiff AND ON BEHALF OF HER MINOR CHILDREN: Amanda J. Price and Amber R. Price vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6786 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY Robert T, Price, Jr" Defendant PROTECTION ORDER AND NOW, this 12. day of December, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Robert T. Price, Jr., is enjoined from physically abusing the plaintiff, Melinda J. Lehr, or the minor children, Amanda J. and Amber R. Price, or from placing them in fear of abuse. 2. The defendant is enjoined 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 arrangements. 3, The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. The defendant is prohibited from entering the plaintiff's place of employment and the school and the day care facility of the minor children. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or '~,,'.-.-\ :'-,-- ~.;"o-. . ',;,. .,-";-..-~:~.j "~':!1'-...,.~.:-:-~.-:,-~~:~.~~~ ._c.".:' Jointly owned by the parties, 6, The defendant is ordered to stay away from the plaintiff's current residence which the parties have never shared. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. 8, The court costs and fees are waived. 9. This Order shall remain in effect for a period of one year or until modified or terminated by the Court, The Order 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. 10. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113,lj 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,OO-$1,000.00j 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. 11. The appropriate police department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the . presence of a police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district Justice. (23 Pa.C,S, 6 6113). By the Court, 1),- rt..f- 'ff Q4-1:UA_. f r:!:tu V1'\.LL { 6 L 1"Rs' Helinda J, Leh~, Plaintiff AND ON BEHALF OF HER HINOR CHILDREN: Amanda J. P~ice and Ambe~ R. P~ice IN THE COURT OF COMHON PLEAS OF CUHBERLAND COUNTY, PENNSYLVANIA NO, 95-6786 CIVIL TERH va. PROTECTION FROH ABUSE AND CUSTODY Robe~t T. P~ice, J~., Defendant CUSTODY ORDER AND NOW, this ~' day of Decembe~, 1995, upon conside~ation of the pa~ties' Consent Ag~eement, the following O~de~ is ente~ed with ~ega~d to custody of the pa~ties' child~en, Amanda J. and Ambe~ R. Price, 1. The plaintiff, hereinafte~ refe~red to as the mothe~, shall have p~imary physical and legal custody of the child~en. 2. The fathe~ shall have supervised visitation on dates and at times mutually agreed upon by the pa~ties. The visitation shall take place at the father's pa~ents ~esidence with one of the father's pa~ents being present during the visit. 3. The mothe~ and father ag~ee that each shall notify the othe~ immediately of medical emergencies which arise while the child~en are in that parent's care. 4. This Order shall remain in effect until either party petitions Lo have it changed. 5. Neither party shall do anything which may estrange the children from the other parent, or Injure the opinion of the ~ i children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. By the Court, Ad- Hess, Judge /'l-/4~t{( ('t-t(J,4.L ~w /TIM..-'"i-~.,-~Js Ji' . ".' ,- , ;,~... ~~,~ ". ~-~~ . ~ _:; .. ~ ..::r ~ ..:r ~Q e 8~ ~~ :A: ~ ...: :s;: Q 9;2 ~. .:r ~~U) it .::I'.' [flU U C"P;5 ?-= 1.<.: }Bh.. c -; u_ In ::; 0 0"1 C:) .., L1 ~"'.:",".."j,~....".,..-,,,..,..,,,..;,--,~,""<u",.,~,>:>,,-~,-,,,,\~~,_,,:;'~.'",l."","_,;-io~."~~~~'-l!:. 'n. ,. . ',.. "'; ., ......"'-~_. -"".,. .'-"j:'.~..,.<.~: -f' !. ~'.\'--.. ..~. . Melinda J, Lehr, Plainti ff AND ON BEHALF OF HER MINOR CHILDREN: Amanda J. Price and Amber R, Price IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6786 CIVIL TERM vs. PROTECTION FROM ABllSE AND CUSTODY Robert T. Price. Jr" Defendant This Agreement is CONSENT AGREEMENT~ entered on this q day of December, 1995, by the plaintiff, Melinda J. Lehr, and the defendant, Robert T, Price, Jr. The plaintiff is represented by Philip C. Briganti of LEGAL SERVICES, INC,; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Robert T. Price, Jr., agrees to refrain from abusing the plaintiff, Melinda J. Lehr, and the minor children or placing them in fear of abuse. 2. The defendant agrees not to have 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 arrangements. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's place of employment or the school or day care facility of the minor children. 5, The defendant agrees not to remove, damage, destroy, or ..<>""';0.. .~ ,.,.."..-...." ....+.."'<11........,_"-.....,_............._ sell any property owned by the plaintiff or Jointly owned by the parties. a, The defendant agrees to stay away from the plaintiff's current residence which the parties have never shared. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. 8, The defendant, although entering into this Agreement, does not admit the allegations made in the Petition, 9. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one year and can be extended beyond it 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 defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. gal13j ii) a private criminal complaint under 23 Pa.C.S. ga113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S, g6114, punishable by imprisonment up to six months and n fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa,C.S. ga114.1. 11, The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their children, Amanda J. and Amber R. Price. B. The mother ahBlI have primary physical and legBl custody of the children. b. The father shall have supervised visitation on dates and at times mutually agreed upon by the parties. The visitation shall take place at the father's parents residence with one of the father's parents being present during the visit, c. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. d. The parties realize that their children'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 children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the f free and natural development of the children's love or respect for the other parent, 'WHEREFORE, the parties request that a Protection and Custody .Orders be entered to reflect the above terms. , Defendant LEGAl. SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 k~'~~"~4~~"'o;<*~~"i\~~6Itl~p~~,~y~1^U:r;.'~~.~~:,'~. - {~".~::r:~?)tf~;~~~r~~~~::~~ti~,i~'{;~:,;~,;':'~S;; r~'~:~/l .. ;i; jit I'; :;^~ i: :-1' ~.; '~~ I' ~ O. ~ .. g~ ~~ - :c: a.. ~ Q~' ~ CO. ~~ I ..~ .....!,!,j c...' ~~.. r.::r.= L.' c:::J ~ tn B '" I, '.J ,,'I t.''- , " M , . ". . , , ~ ,., . ., I'..f " ,! t'~ , , " ~ " ) ,., ~ rn.:!. ,. "jd' ,I' t . +,t,;'fj '., , ,~ ...,. ;, .~ I 'Ii i; 'j ,.. \. ~t ;l'C .i r,; I" ~ : i [.if { p.. ",;",( ",'.,,: '.i l,.,' '(' i: ".,. 1,C';'j. /: .\ -~, ;:',P,l. i.l, (j.,: l! ";." \i, ,.,,' ~f \ ",j : I:'. . " I, t, ., > , l ' ~. : i,!,; jl\' i- ;.i 1. .! ~.. ~. ; 1 f, "'.; ,), il ;,.',:: I. t1t:;h''(~O'-- . , SHERIFF'S RETURN - OUT OF COUNTY CASE NOt 1995-06786 P COKKONWEALTH OF PENNSYLVANIA I COUNTY OF CU"BERLAND LEHR "ELINDA J ET AL VS. PRICE ROBERT T JR R. Thomas K1ina . Shariff, who being duly sworn according to law, says, that he made a diligent saarch and inquiry for the within named dafendant, to witl PRICE ROBERT T JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pannsylvania, to serve the within PROTECTION FRO" ABUSE On December 8th, 1995 the attached return from this office was in receipt of DAUPHIN County, Pennsylvania. Sheriff's Costs I Docketing Out of County Surcharge 18.00 9.00 2.00 50 answers I - ~' ~ / ~. -<< ;; c:.'?;-1'~' <......' H. /homas K!1ne,' her1~1 $Z!:I.I/ll/l 00/00/0000 Sworn and subscribed to before me IV . ^ /I, this If} - day of ~ 19 9~ A.D. ~u.... Q. ~,p~- ~~' I'rot ono ary '\., T:ne CourT cr C=mmO:1 Fle:s cr C:Jl-,:::::ilt'i:nd C':'U:;~'YI PsnMsyl'lcr:i:: Melinda J. Lehr. et. 61. "5. Robert T. Price. Jr, :-rOe :sa_ 01:\-';786.."-1\1"11 'T'O'l""m :-low, Dp.~pmhpr n 1. 1 qqC; ~g----. It S~~::' O~ C~[3Zi'..!.AN'D COt..~':Y. :'A., CO ::==r c!:;:UC:: l!:.= Sh::lE oi nAlInhin Cau:rr :0 ==-.1t: ::is '.V:::, r_ ..-..l :::s ~::U=:!cn =:i:1r -....I. u :!:: ~ --d ::.a of == :It..:_=. r.7 .~, ./.: --::' r:. ..,"' ~. ~;.;~. e...., .. ,." ..;,..:.....~"'~ She."!:l: at C==u'.:d C~W1rr, ?:s. - Affidavit Qr Se..-n= :iow. ~9 .. o":!cc:: ~L 1::-.-= , .. == ~t!::n ~pall ~t by =cii:1; :a 3- c::py oi = of-t-..r ... mci -~':. Qawa :0 :::: :=:1t=~ ==--=1. So =we::, Shc::5 af CoWlrT. :'2.. Swot: :mci sai:::sc:-:b::i bCcm: . = :!::s _ c!:1y oi COSTS ::.c..-<........rcz ~a::u:.-\Gc: .-\::: LiJA"''''IT s 19_ s . . COMMONWEALTH OF PENNA: COUNTY OF DAUPHIN: SHERIFF'S RETURN NO. 95-6786 Civil Term PAGE 118 AND NOW: Dec. 5th 19 95 ,lit 10:30 #11. SERVED 'fHE WITHIN Temporarv Protection Order Protection fran Abuse, .Natice and UPON petition Robert T. Price, Jr BY PERSONALLY HANDING TO Robert T. Price, Jr, A TRUE ATTESTED COPY OF THE ORIGINAL Temporary Protection order Protection fran abuse, Notice and Petition AND MAKING KNOWN TO him THE CONTENTS THEREOF AT his dwelling place, Harrisburg State Hospital, Harrisburg, Pa. Sworn and subscribed to b~?re [e this 5ttJay of Dec. 0(fD, LulU ,{j . ,_. C-. f,al.{/iV'u PROTHONOTARY 19 95 SIIERIl'I"S COST $ ~ /Tl S'IA ,- .. MELINDA J. LEHR, Plaintiff AND ON BEHALF OF HER MINOR CHILDREN: Amanda J. Price and Amber R. Price : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-6786 CIVIL TERM v. ROBERT T. PRICE, JR., Defendant : PROTECTION FROM ABUSE : AND CUSTODY STIPULATION AND AGREEMENT AND NOW, this I? day of ~ ,2005, the parties, have reached an agreement regarding the best interests oftheir minor child, AMANDA 1. PRICE, born January 20, 1989 which shall be entered as an Order of Court to resolve the issues raised by Defendant in the pending action to modify custody: I. The parties shall have shared legal custody of the subject minor child. They shall consult with each other relative to all important decisions concerning the subject minor child including such matters as health, education and religion. Both parties must be listed as the primary emergency contacts at any schools, hospitals, doctors' offices and on any other form requiring emergency contacts. Each parent is responsible for keeping the other apprised of all activities involving the child so that both parents have an opportunity to be present. The party having physical custody shall be responsible for getting the child to all regularly-scheduled activities. 2. Defendant, ROBERT T. PRICE, shall have primary physical custody of the minor child, AMANDA J. PRICE, subject to Plaintiff's rights of partial custody at such times and places as the parties may hereinafter agree. 3. Plaintiff and Defendant shall share the responsibility for transportation necessary to exercise the Plaintiff s periods of partial custody. The pick up and return shall take place at the other parent's home, unless otherwise agreed to by the parties. 4. The parent having physical custody of the child shall have the duty to immediately advise the other parent of any unusual occurrence, illness or accident (other than e.g. minor cold, minor injury). The parties shall notify each other in advance of any medical or dental appointments scheduled for the child. 5. During any period of custody or partial custody, the parties agree not to possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties agree to likewise assure to the extent possible that other household members and/or houseguests comply with this prohibition. 6. The parties shall have reasonable telephone contact with the minor child at all times. 7. Mother and Father shall keep the other apprised of all school events (including, but not limited to, teacher meetings, school performances, club activities, etc.). Each parent shall share school documents with the other parent (including, but not limited to, report cards and teacher correspondence). Neither parent shall unilaterally withdraw or enroll the child in a different school without notice to the other parent. ~ 8. Each parent shall keep the other informed as to their current physical addresses and telephone numbers (home and work). Neither party shall move to another address unless he or she first provides notice to the other party. 9. Neither party shall attempt to alienate or destroy the affection of the child for the other parent, but shall exert every reasonable effort to foster a feeling of affection between the child and both parties. Moreover, both parties must take all reasonable steps to prevent anyone else from disparaging the other party. Each party shall cooperate with the other to the maximum extent possible to assure that the best interests and welfare of the child are served. The welfare and convenience of the child shall be the prime consideration of the parties. 10. Mother and Father agree that the Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction over the within custody case for purposes of enforcement and all future modifications regardless of any change of residence by either party. x/2/~4'~ Witness 7 ?!L!i f d Plaintiff ~.~~. Witness ~ flfi./ (12- j Defendant MELINDA J. LEHR, Plaintiff AND ON BEHALF OF HER MINOR CHILDREN: Amanda J. Price and Amber R. Price : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-6786 CIVIL TERM v. ROBERT T. PRICE, JR., Defendant : PROTECTION FROM ABUSE : AND CUSTODY COMPLAINT TO MODIFY CUSTODY AND NOW, comes the Defendant, ROBERT T. PRICE, JR., by and through his attorney, ROBERT B. LIEBERMAN, ESQUIRE and respectfully represents as follows: 1. The Plaintiff is MELINDA J. LEHR, residing at 1917 Spring Road, Apt. 4, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is ROBERT T. PRICE, JR., residing at 244 Beacon Drive, Harrisburg, Dauphin County, Pennsylvania. 3. Defendant seeks custody of the following child: Name Residence Age Amanda J. Price 244 Beacon Drive Harrisburg, Pennsylvania 16 years The child was born to the marriage of Plaintiff and Defendant. " The child is presently in the custody of Defendant, ROBERT T. PRICE JR., who resides at 244 Beacon Drive, Harrisburg, Dauphin County, Pennsylvania. The child has resided with the Plaintiff, MELINDA J. LEHR, previously at 1917 Spring Road, Apt. 4, Carlisle, Cumberland County, Pennsylvania. The mother of the child is MELINDA J. LEHR, currently residing at 1917 Spring Road, Apt. 4, Carlisle, Cumberland County, Pennsylvania. She is single. The father of the child is ROBERT T. PRICE JR., currently residing at 244 Beacon Drive, Harrisburg, Dauphin County, Pennsylvania. He is single. 4. The relationship ofPlaintiffto the child is that of Mother. The Plaintiff currently resides with Amber R. Price, her daughter and Cameron Shaeffer, her son. 5. The relationship of Defendant to the child is that of Father. The Defendant currently resides with the child and Christy R. Walker, his fiancee. 6. Plaintiff and Defendant have previously participated as parties in litigation concerning the custody of the child in this court. See Order dated December 13, 1995 which is attached hereto. Defendant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. -2- , ~ Defendant does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because Defendant is ready, willing and able to provide a stable home environment for the child. 8. Each party whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 9. Plaintiff and Defendant have entered into a Stipulation and Agreement requesting that this Honorable Court transfer custody from Plaintiff to Defendant. WHEREFORE, Defendant requests this Honorable Court to grant him shared legal and primary physical custody of the subject minor child. Respectfully submitted, DATED: JA-ur 17, 2.. dO> ~f1. 'ROBERT B. LIEBERMAN, ESQUIRE 500 North 3'd Street, 12th Floor P.O. Box 1004 Harrisburg, P A 17108-1004 (717) 236-1485 Attorney for Defendant -3- , r VERIFICATION I verifY that the statements made in the foregoing Complaint to ModifY Custody are true and correct based upon my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of I 8 Pa.C.S. 94904, relating to unsworn falsification to authorities. DATED:.r- n" 0 5 CZt,l42~~ ~ T. Price, Defendant (") ......, c: = 0 C::::J ,.-',., ".n " rc;?:.. <- :r" c: Z nl,= I -ofTl '" ~gy - "'" ~:~Q CI 3: ;'):U ~- -,- :?'M ...': o:l 6 ::.:! > :'D W -<