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HomeMy WebLinkAbout96-00659 CYNTHIA L. RICE/ plaintitt tor herselt and on behalt ot her minor childl JONATHAN RICE vs. MICHAEL A. RICE, Defendant IN THE COUR'r OF COMMON PLEAS OF CUMBERLAND COUN'l'V / PENNSYLVANIA NO. 96 - ~,5 '/ CIVIL 'l'ERM PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION ORDER AND NOW / this lJ) day of February, 1996, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, CYNTHIA L. RICE, and the minor ohild, now residing at 1101 Yverdon Drive, Apt. C7, Camp Hill, Cumberland county, Pennsylvania, are in immediate and present danger of abuse from the defendant, MICHAEL A. RICE, the following TempOrary Order is entered. The defendant, MICHAEL A. RICE, 551'11290-44-1106 and DOBI 3/14/56, now residing at 3247 Back Road, Halifax, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, CYNTHIA L. RICE, or the child, or placing them in fear of abuse. The defendant is excluded from the plaintiff'S residence located at 1101 Yverdon Drive, Apt. C7, Camp Hill, cumberland county, Pennsylvania, a residence which is jointly leased but from which the defendant voluntarily left and went to Ohio on approximately January 15, 1996. 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 detendant 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 detendant tOI i) arreat under 23 Pa. C.B. 56113, ii) a private criminal complaint under 23 Pa. C.8. 56113.1, iii) a charqe of indirect criminal contempt under 23 Pa. C.B. 56114, puniaheble by impri.onment up to aix month. and a tine of $100.00-$1,000.00, and iv) civil contempt under 23 Pa. C.B. 56114.1. Relumption ot co-residence on the part ot the plaintitt and datendant shall not nullify the provisions ot the court order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and can be extended beyond its original expiration date if the Court finds that the defendant has committed another ~ct of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of JONATHAN RICE, is hereby awarded to the plaintiff, CYNTHIA L. RICE. This Order shall remain in effect until modified or be held on this matter on the notice /1 (j or hearing. A hearing shall terminated by the court after day of February, 1996, at _i-0~~m., in Courtroom NO.~, cumberiand county courthous3, carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. .... 'I) r,. '" r!~ 1.11 I; ~l., ~' ~ ,. , , "I ..' t,:l.. ., l ((~ ~ I ~., ': "i ' , II, (j! , ' '(I _:l Cd,! " I / I r' t,_, , " ':(' II I I .I t._ c.. /' " " /I: '-, .. \ d 0" ;.J ..i1 'I a O:::l 1 '.) ~ " I' :: IJ" , 1 ,." CYNTHIA L. RICE, Plaintiff tor hereelt and on behalt of her minor childl JONATHAN RICE ve. MICHAEL A. RICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~/ PENNSYLVANIA NO. 96 ~ CIVIL TERM I I I I PROTECTION FROM ABUSE AND CUSTODY NOT ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. I , I FEES AND COSTS If the case goes to hearing and the judge grants a Protection order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You ehould take this paper to your lawyer at once. It you do not have a lawyer or cannot attord one, go to or telephone the offioe eet torth below to tind out where you can get leq&l help. COURT ADMINISTRA'rOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. CYNTHIA L. RICE, Plaintiff tor herselt and on behalf ot her minor childt JONATHAN RICE VB. MICHAEL A. RICE/ De fondant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYINANIA NO. 96 - CIVIL TERM PROTECTION FROM ABUSE AND CUS'rODY PETITION FOR PROTECTtQN ORDER AND OUSTODY RBLIEF UNgJR THB PROTECTION FROM ADYII ACT. 23 P.S. i .101 et sea. A. ABUSB 1. The plaintiff, CYNTHIA L. RICE, is an adult individual residing at 1101 Yverdan Drive, camp Hill, Cumberland county, Pennsylvania 17011. 2. The defendant, MICHAEL A. RICE, SSN:290~44-110B and DOB:3/14/56, is an adult individual residing at 3247 BacK Road, Halifax, Pennsylvania 17032. 3. The defendant is the husband of the plaintiff and father of the child. 4. Since approximately 1995, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff. and her child, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff and the minor child under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: ~ a. on or about January 14, 1996, the defendant lay down on the bed boside the plaintift and the mlnor child and threatened the Plaintiff saying, "You say one word and I/Il kill you." The defendant then reached over the child and with his hand, hit the plaintiff in the mouth, cutting her lip and causing bleeding. The defendant screamed at the plaintiff, came at her while she had her son on her lap, and slapped the plaintiff about the head and face, also hitting the child, causing redness about the child's face. Fearing for her safety and that of her child, the plaintiff telephoned the West Shore Regional police and children & Youth Services who are investigating the matter of child abuse. b. In or around the beginning of November 1995, the defendant grabbed tho plaintiff'S ankles and pulled them toward him, causing the plaintiff to fall from a standing position, and hit her head and back. ~I'p" tho plaintiff got on her feet, the defendant shovod hor causing her to hit a metal door frame, causinq a lump and bruise. Later that day, the defendant came at tho plaintiff who was lying in bed, kicked her, and pushed her in the stomach with his heel. The plaintiff was preganant at the time of this incident. c. On or about July 30, 1995, in front of the minor child, the defendant grabbed the plaintiff by the waistband at her shorts and dragged her to the balcony. The detendant also grabbed the plaintiff/s shirt and bra ripping the bra, and slammed the plaintiff against the wall. The plaintiff suffered bruising to her pack, shoulders, and breast. d. since 1995/ the defendant has abused the plaintiff in ways including, but not limited to, the followingl punching walls, throwing and destroying objects, pushing the plaintiff, grabbing her hair, sitting on her, kicking her, slapping her, and pushed her and held her in a closet. 5. The plaintiff believes and therefore avers that she and the minor child are in immediate and present danger of abuse from the defendant should they remain in the home without the detendant's exclusion, and that they are in need of protection from such abuse. 6. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 7. The plaintiff desires that the defendant be restrained from entering her place of employment. 6. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly Py the parties or owned solely Py the plaintiff. 1L--.XCLU8IVI P088188ION 9. The apartment from which the plaintift is asking the Court to eKclude the defendant is rented in the names of CYNTHIA and MICHAEL RICE, but the defendant voluntarily left on approximately January 15, 1996, and went to Ohio. 10. The plaintiff desires possession of the apartment so as to give the greatest degree of continuity to the life of the ohild. C. ATTORNEY FEB8 11. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. D. TEMPORARY CUSTODY 12. The plaintiff seeks temporary custody of the following childl HAM Present Resid~ AIDl JONATHAN RICE 1101 Yverdon Drive Camp Hill, PA The child was not born out of wedlock. 10 mos. The child is presently in the custody of the plaintiff, who resides at 1101 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania. During the child's lifetime, the child has resided with the following persons and at the following addresses: ~ Addresses 1Lillu 3/17/95 - 1/15/95 plaintiff & defendant 1101 Yverdon Drive Camp Hill, PA plaintiff 1101 Yverdon Drive Camp Hi 11 / PA The plaintitt is CYNTHIA RICE, currently residing at 1101 1/15/95 - present Yverdon Drive, camp Hill, Cumberland county, Pennsylvania. She is married. The plaintiff currently resides with the fOllowing persons 1 IfIJU RllaUonship JONATHAN RICE son 13. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 14. The pla intiff has no knowledge of any cllstody proceedings concerning this child pending before a court in this or any other jurisdiction. 15. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons includingl a. The plaintiff is a responsible parent who can best take care of the minor child and has provided for the emotional and physical needs of the child since his birth. b, The detendant has shown by his abuse ot the plaintiff that he is not an appropriate role model tor the minor child. o. The detendant's behavior has adversely attected the child. WHEREFORE, pursuant to the provisions of the "Protection trom Abuse Act" of October 7, 1976/ 23 P.S. S 6101 n lUW., 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 the minor child and from placing them in fear of abuse; 2. 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. Granting possession of the apartment located at 1101 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania, to the plaintiff to the exolusion ot the defendal1t pending a final order ill this matterl 7. ordering the detendant to stay away trom any residence the plaintitt may in the tuture establish for herselfl 8. Granting temporary custody of the minor child to the plaintiff I 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 the minor child and from placing them in fear of abuse. 2. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 3. PrOhibiting the defendant from entering the plaintiff's place of employment. 4. PrOhibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 5. Granting possession of the apartment located at 1101 Yverdon Drive, Camp Hill, Cumberland county, pennsylvania, to the plaintitf to the exolusion of the detendant. 6. ordering the defendant to stay away trom any residence the plaintiff may in the future establish tor herself. 7. ordering the defendant to pay reaaonable 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, ~nd that a certified copy of this Petition and Order be delivered to the West shore Regional police Departments who 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 17. The allegations of Count I above are incorporated herein as if fully set forth. 18. The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as set forth in Paragraph 16 of the Petition. WHEREFORE, pursuant to 23 P.S. S 5301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable court to award custody of the minor child to her. fJ q 111 .~ ," J I,] , lot t: I .,~ r.' ~'j , .!~' , " t l! ~. ", , I" .,. :' ,) L~ I ". '..J \:. ~".~ ' ' t", , II' I. , , (.c) l I " .' , , , u " , ~ :'~''''~ <r- , , " ''; \.'.~'" . \\ . CYNTHIA L. RICE, Plaintiff tor herBelt and on behalf ot her minor childl JONATHAN RICE VB. MICHAEL A. RICE, Defendant I IN THE COURT OF COMMON PLEAS OF 1 I I I I I 1 1 COUNTY, PENNSYLVANIA CUMBERLAND '/'- NO. gll-659 CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE 1/ Joseph KofA1t-, did personally hand a certified copy of the above-captionGd Temoorary Protection Order and Petition for Protection and custodv Order to the defendant, ~A. Rice, at \' I'.~ .'''~JI'1 /) \'/'I,,~j ~I/, f .M. on February /1" .' l \ I' 1 1996, at The defendant, Michael A. Rice, did accept service of the above-captioned Temporary Protection Order and Petition for protection and custody Order. I verify that the statements made in this Affidavit of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Datil I ,), \ "' \.:!<D , 'r- /' ..,...,..... /..,:~, -J!~-'-" ~~, /J"oB8'ph~-R6fa 1 t..... " I " i I , ',-, ,~:l '.. -.. '.. ~ . I~' , ~'" /' i'" ,~? ;1\::" ',', 't'\ I ',1 I ri( . " \'.:.; . .,. r' ~ ~?, r,"\ " r' , Cl, I , \I' I. L~ 1 \' r it.. J, I " \,1.. I" \lr " ," "I U .~ , \ i.:l , , CYNTHIA L. 'RICE, Plaintiff tor herselt and on behalf ot her minor childl JONATHAN RICE vs. MICHAEL A. RICE, Defendant I IN THE COURT OF COMMON PLEAS OF I I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 96 - 659 CIVIL TERM : : PRO'rECTION FROM ABUSE I AND cUS'roDY PROTBCTION ORDBR AND NOW, this .' .J II day of February, 1996, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, MICHAEL A. RICE, is enjoined from physically abusing the plaintiff, CYNTHIA L. RICE, or the minor child, JONATHAN RICE, or from placing them in fear of abuse. 2. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 3. The defendant is prohibited from entering the plaintiff's place of employment. 4. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff. 5. The defendant is excluded from the plaintiff's residence located at 1101 '{verdon Drive, Apt. C7, Camp Hill, Cumberland county, Pennsylvania. 6. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. 7. The Court costs and fees are waived. 8. This Order shall remain in effect for a period of one (1) year and oan be extended beyond its original expiration date it the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff on a continued basis. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. This Order may subject the defendant to: i) arrest under 23 Pa, C.S. 56113; ii) a private criminal complaint under 23 Pa, C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 56114, 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. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 10. The West Shore Regional 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 the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unneceasary delay before the court that issued the CYNTHIA L. RICE, Plaintiff tor herself and on behalt at her minor childt JONATHAN RICE va. MICHAEL A. RICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 659 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CUSTODY ORDBR thi /,;1/ d f b AND NOW, s _ _ ay 0 Fe ruary/ 1996/ upon consideration of the parties' Consent Agreement, the fOllowing Order is entered with regard to custody of the parties' ohild, JONATHAN RICE. 1. The plaintiff, CYNTHIA RICE, shall have primary physical and legal custody of the child. 2. The defendant, MICHAEL RICE, shall have supervised visitation at times and places to be agreed upon by the parties. 3. This Order shall remain in effect pending further Order of Court. 4. Neither p~rty shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's 10'/e or respect for the other parent. . ") /' By the Court, , ~ /' .., 'l ' ,~ ~ L'I/(~( Edgar B. Bayley, Judge , CYNTHIA I.. RIClr., !'lIllntlrf tor her.eit and on behalf ot her minor ohlldl JONATHAN RIClr. v.. MICHAEL A. RIClr., nofondant IN 'I'IIE COURT OF COMMON PLEAS OF CIJHIH:I?LAND COUNTY, PENNSYLVANIA NO. ~6 - 659 CIVIL TERM !'IW'I'EC'l'ION FROM ABUSE AND CUS'l'ODY OQM.IMT AQRIIHIMT 'I'his Agroomollt lit untlll"u<l Oil this ('I.' day of February, 1996/ by tho pl~lntlrt, CYN'l11IA L. RICE, and the defendant, HICIIAEI, A. IHCI':, 'l'hu pl,llntlff Is represented by Joan Carey of LEGAL SERVICt~, INC, , tho defendant is unrepresented but is aware of hi. right to havo Bn attornoy. Tho parties agree that the tollowing may bo ontorod as an Ordor of Court. 1. 'l'ho dofondallt, MICIIAEI, A. RICE, agrees to refrain from abusing tho plaintiff, CYNTtlIA L. RICE, or the minor child, JONATIIAN RICE, and to rotraln tram placing them in fear of abuse. 2. 'l~e defondant agrees not to harass and stalk the plaintiff and not to harass tho plaintiff'S relatives. 3. Tho defendant agrees not to enter the plaintiff'S place of employment. 4. Tho dofendant agrees not to remove, damage, destroy, or ..11 any property owned by the plaintiff or jointly owned by the plaintltf. 5. The defendant agrees to stay away from the plaintiff'S residence located at 1101 Yverdon Drive, Apt. C7, camp Hill, Cumberland County, Ponnoylvania. 6. The detendant agrees to stay away from any residence the plaintitf may in the future establish for herself. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. B. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) year and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff on a continued basis. The defendant understands that this Order will bo enforceable in the same m~nner as the Court's prior Temporary Protection Order entered in this case. 9. ViOlation of the Protection Order may subject the defendant to: i) arrest under 23 Pa, C.S. 56113; ii) a private criminal complaint under 23 Pa. C.S. S6113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 56114, 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. 56114.1. 10. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, JONATHAN RICE: a. The mother will have primary physical and legal custody of the child. b. The father will have supervised visitation at times and places to be agreed upon by the parties. CYNTHIA L. RICE, Plaintiff for herself and on behalf of her minor child I JONATHAN RICE vs. MICHABL A. RICE, Oefendant IN THB COURT OF COMMON PLEAS OF cUMaERLANO COUNTY, PBNNSYLVANIA NO, 96 - 6 Ii 9 CIVIL TERM PROTECTION FROM ABUSE AND CUSt'ODY J'Ii:TI.TION FO~ HOO.IF.ICNrlOl'l The plaintiff, CYNTHIA L, RICE, by and through her attorney/ Joan carey of Legal Services, Inc" represents the followingl 1, The plalntiff, CYNTHIA L, RICE, currently resides at 1101 Yverdon Orive, Apt, C7, Camp Hill, Cumberland County, Pennsylvania, 2. The defendant, MICHAEL A, RICE, resided at 3247 Back Road, Halifax, Pennsylvania. 3. The plaintiff and defendant are attending counseling and are attempting to reconcile their relationship, and the plaintiff requests that the Protection Order be modified to allow the defendant to come to the plaintiff's residence located at 1101 Yverdon Orive, Apt, C7, Camp Hill, Pennsylvania. 4. The plaintiff desires that all other provisions of the Protection From Abuse Order dated February 14, 1996, remains in effect, including but not limited to its provisions ordering the defendant to refrain from abusing the plaintiff or her minor child, or placing them in fear of abuse, and from harassing or stalking the plaintiff or her relatives, WHEREFORE, the plaintiff requests that the Protection Order