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HomeMy WebLinkAbout96-01341 - J-. ~ j ~I" 0- \ '...'" ~ I;. ,;. The defendant is enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. A violation of this Order may sUbject the defendant to: i) arrest under 23 Pa. C.S. g6113i ii) a private criminal complaint under 23 Pa. C.S. g6113.1i iii) a charge of indirect criminal contempt under 23 Pa. C.S. g6114, 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. g6114.1. 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 hearing 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 a .22 pistol, 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 .f).;)n~ day of March, 1996, at ;;: 30 ,J .m., in Courtroom No. r,-, 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 service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The West Fairview and Lower Allen 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, a. On or about January 2, 1996, the defendant grabbed the plaintiff by the hair, punched her with his f1st in the head. shoulders. and back, causing her to fall to the floor and hit her back against a heater vent, and sat on the plaintiff. restraining her. b. In or around January 1996, the defendant woke up their two-year old daughter, made the plaintiff and child get into the car, and drove around screaming at the plaintiff while pulling her hair and forcefully shoving his finger into her face. c. In or around December 1995, the defendant grabbed the plaintiff by the front of her shirt, ripping it, and pushed her. The plaintiff got into her car and left the residence. The defendant picked up the child, got into his vehicle and chased the plaintiff at high rates of speed. The plaintiff sought help at her father's residence and telephoned the police. The defendant returned the child to the plaintiff at approximately 3:00 a.m. d. Approximately three times per week, the defendant abused the plaintiff in ways including, but not limited to, the following: grabbing, pushing, pointing, punching, kicking, pulling hair, slapping, and throwing hot plates of food at the plaintiff. On one occassioD, when the defendant hit the plaintiff in the shoulder, she had to seek treatment at Polyclinic Hospital and the defendant was arrested for simple assault. e. In or around the spring of 1995, the defendant held a loaded pistol to the plaintiff's head, saying that he could "take her out." f. Approximately two years ago, the defendant took the plaintiff's dog to a reservoir and held it under water for a lengthy period of time. 5. The plaintiff believes and therefore aV9rs 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 the defendant be enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. 10. 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, including a .22 pistol. IlL-AI1'QRl!I.LUR8 1l. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. WHBREFORE, pursua~t to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. !l 6101 et seq., 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. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff; 6. Ordering the defendant to stay away from any residence the plaintiff has now or may establish for herself 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, including a .22 pistol, 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 pla~e of employment or school. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff. 6. Ordering the defendant to stay away from any residence the plaintiff has now or may establish for herself 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, including a .22 pistol, 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 certified copies of this petition and Order be delivered to the West Fairview and Lower Allen Township Police Departments who have jurisdiction to enforce this Order. the fut~re, except for the limited purpose of transferrLng custody. 7. The Cumberland County Sheriff's Oepartment shall return to Jeffrey L. Gossard the weapons confiscated from hlm on March l3, 1996. 8. The Court costs and fees are waived. 9. This Order shall remain in effect for a period of one (l) 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 indicat~s 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. 10. This Order may SUbject the defendant to: i) arrest under 23 Pa. C.S. ~6113; iil a private criminal complaint under 23 Pa. C.S. ~6113.l; iii) a charge of indirect criminal contempt under 23 Pa. C.S. ~61l4, punishable by imprisonment up to six months and a fine of 'lOO.OO-'l,OOO.OO; and iv) civil contempt under 23 Pa. C.S. ~61l4.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 11. The West Pairview and Lower All~n Township Police Oepartments shall be provided with certifled copies of this Ordar 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 6. The defendant agrees to stay away from any residence the plaintiff has now or nlay establLSh for herself In the future, except for the limited purpose of transferrlng custody. 7. The plaintiff agrees that the Cumberland County Sheriff's Office may return confiscated weapons to the defendant. 9. The defendant, although entering into thls Agreement, does not admit the allegations made in the Petition. lO. The defendant understands that the Protection Order entered in this matter will be In effect for a period of one (l) 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 be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 11. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa. C.S. s6113; ii) a private criminal complaint under 23 Pa. C.S. s6113.1; iii) a charge of indirect criminal contempt under 2) Pa. C.S. s61l4, punishable by imprisonment up to six months and a fine of $lOO.OO-$l,OOO.OO; and iv) civil contempt under 23 Pa. C.S. s6114.1. WHEREFORE, the parties request that a Protection Order be