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HomeMy WebLinkAbout96-01248 i J J ~ . ?I ....91 \,)'-1 ...jl \,1 I I I , I I I I I I I I I i 1 / / / ,/ I I ) J The defendant is enjoined from entering the plaintiff's place of employment or school. 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; iil) a charge of i.ndirect 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 after notice or healing 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 defendant is ordered to relinquish to the sheriff's department any weapons which he owns, possesses, has used or threatened to use against the plaintiff including but not limited to a shotgun and hunting knife. The defendant is also prohibited from acquiring or possessing any other weapons for the duration of this Order, A heari.ng shall be held on this matter on the /3<1 day of March, 1996, at _.-t._~.~.m., in Courtroom No.2., Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland 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 s~rvice, The Prothonotary shall not send a copy of this Order to the defendant by mail. The Silver Spring and North Middleton Township Police Departments shall be provided with certified copies 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 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, 4L ~ JUdge TRACEA L. LAUCKNER, A minor Plaintiff by DEANNA OWENS, her guardian vs. KEVIN L, GRIFFIE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , NO. 96-/~Yi CIVIL TERM PROTECTION FROM ABUSE NOT ICE You have been sued in court. If you wish to defand 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, FEBS 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 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMBRICANS WITH DISABILITIES ACT or 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. Thi! has includ~d, but is not limited to, the following speciflc instances of abuse: a. On or about Harch 5, 1996, the defendant came into the plaintiff's school which he did not attend, grabbed her by the arm, and restrained her. The principal at Cumberland Valley High School documented the incident, contacted the Silver Spring Township Police, and sent the defendant a district trespass letter. b, On or about March 4, 1996, the defendant came into the plaintiff's school looking for her, and when he did not find her, he left a message with one of the plaintiff's friends so that she would know that he had been looking for her. c. On or about Harch 3, 1996, the defendant came into the plaintiff's place of employment approximatelY three times looking for her. d. On or about January 1996, while the plaintiff and defendant were arguing, the defendant pinned the plaintiff against a wall by her neck with enough force to cause the plaintiff's head to break the drywall. The defendant pulled out a shotgun from the closet, and pointed the gun at the plaintiff's head, while pulling a shell from his pocket. The defendant then pushed the plaintiff into a door, causing the plaintiff to hit her back against the doorknob. e. In or around the middle of December 1995, the defendant got on top of the plaintiff, told her that if he wanted to kill her, he could kill her, while pUlling a large pocket knife on the plaintiff. The defendant also punched the plaintiff in the cheek with his fist. The plaintiff attempted to contact the police, and the defendant took the phone from the plaintiff. f. On or about March 7, 1995, the defendant grabbed the plaintiff, threw her to the ground, slammed her against the trailer, slapped the plaintiff, and restrained her from going inside. g. The defendant follows the plaintiff, telephones her, shows up at her school or employment, and has threatened the plaintiff numerous times that if he can't have her, no one will. The defendant has also told friends of the plaintiff to tell her that no one crosses the defendant and gets away with it, and that he will make the plaintiff's life a living hell, which causes the plaintiff to fear for her safety. 5. 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. 6. 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. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment or school. 9. The plaintiff desires that any weapons the defendant owns, possesses, and has used or threatened to use against the plaintiff be confiscated by the Sheriff's Department. B. EXCLUSIVE POSSESSION 10. The homes from which the plaintiff is asking the Court to exclude the defendant is owned in the names of the plaintiff's foster parents and natural mother, and the defendant has never resided there. C. ATTORNEY rEES 11. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. WHBREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. 6 6101 et ~., 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 entering the plaintiff's place of employment or school; 5. Ordering the defendant to stay away from the plaintiff's residences located at 101 Konhaus Road, Mechanicsburg, and 1416 Bradley Drive H212, Carlisle, Cumberland County, Pennsylvania; 8. Ordering the defendant to stay away from any residence the plaintiff may move to in the future; 9. Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against the plaintiff including, but not limited to, a shotgun and hunting pocket knife, 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 entering the plaintiff's place of employment or school. 5. Ordering the defendant to stay away from the plaintiff's residences located at 101 Konhaus Road, Mechanicsburg, and 1416 Bradley Drive H212, Carlisle, Cumberland County, Pennsylvania, Cumberland County, Pennsylvania. 6. Ordering the defendant to stay away from any residence the plaintiff may move to in the future. 7. Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against the plaintiff which include, but are not limited to, a shot.gun and hunting pocket knife, and . .. . .. ~- C') f'~. "" \, i:: "T1 , ( ,. ,:- . ~ J , , ) , , \l\' (' (. \' r'- ) , -- C~ MYLES It. KAUJI'rMAN, ESQUIRE Ailomefl.D. 72392 33 North 8_ad SINet P.O. Box 11831 Harriabu...., Penaeylvanla 17108-1831 'nllepboae No, (717) 234.6686 ATTORNEY FOR DEFENDANT TRACEA L LAUCKNER, A MInor, PlainWT. By DEANNA OWENS. Her Ouanlian V. KEVIN OIDFFIE, THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96.1248 Protection From Abuse Defendant. TO THE HONORABLE KEVIN A HESS. JUDGE OF SAID COURT. DEFENDANTS MOTION FOR RETURN OF PROPERTY AND NOW, comes Kevin L. Oriffie, Defendant above named, by his attorney, Myies A Kauflinan. Eequire. and respectfully requests the return of his property relinquished to the Sherlfrs Department as part of a Protection tram Abuse Order from this Honorable Court. In support thereof, the following Is averred: 1, The above named Defendant se6ka the relief specified below and aa provided for by Pa, R CrIm. P.. Rule 324, 42 Pa. C.S.A 2, On March 7, 1996, the Defendant relinquished to the Sherlfrs Department a shotgun and a hunting knife as directed by Court Order. (See atteched Exhibit 1). 3, Said Order prohibits the Defendant from acquiring these weapons during the duration of the Order. 4, Said Order had a duration of one year beginning March 7, 1996 effective for one year thereli-om, thereby ending effective March 7, 1997. 5. The within Protection Order as well as ell other related criminal matters have reached tinaI disposition as of March 18, 1997, whereupon the above captioned Defendant was sentenced to a period of probation by the Honorable Judge Weoley Oler, with the additional conditions of no contect between the above captioned Defendant and Plalntlff. 6. In fact, the shotgun and hunting knife relinquished to the Sherilro Department by way of the within 'illmporary Protection Order Is actually the property of Defendant's father, James Griffie, and upon return, said property would be returned to the poo~esslon oflts owner, James Griffie, 7. Said property to be returned Is not a pm of any pending civil or criminal matter.