HomeMy WebLinkAbout96-01957
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IN TilE COURT OF COHHON PLEAS FOR
CUHBERLAND COUNTY, PENNSYLVANIA
LENA JANE BITNER,
PLAINTIFF
CIVIL ACTION - LAW
v,
NO, 96-1967
CIVIL TERH
RAY CLYDE BITNER,
DEFENDANT
PROTECTION FROH ABUSE
FINAL PROTECTION ORDER
AND NOW, this
/{! day of
, 1996,
mt9,/
upon consideration of the attached Consent
Agreement, the
following Order is entered:
1, The Defendant, RAY CLYDE BITNER, DOB 6/26/31, is hereby
enjoined from physically abusing the Plaintiff, LENA JANE BITNER,
or placing her in fear of abuse in any place where she may be
found,
2. A violation of this Order may subject the defendant tOI
il arrest under 23 Pa, C,S, Section 6113;
11) a private
criminal complaint under 23 Pa, C,S, Section 6113.1;
lii) a
charge of indirect criminal contempt under 23 Pa. C.S, Section
6114, pUllishable by imprisonment up to six mDnths and a fine of
$100.00-$1,000,00; alld
iv) civil contempt under 23 Pa, C,S,
Section 0114.1, Resumptioll of co-residence on the part of
Plaintiff and Defendnnt shall not nullify the provisions of this
Flnnl Protection Order,
3, The Pennsylvania State Pollee Department shall be
provided with certified copies of this Order by 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 vlollltlon Is committed in the
presence of the pollee officer, In the event that an arrest is
made, under this section, Defendant shall be taken without
unnecessary delay before the court that issued the order, When
that court is ullavallable, the Defendant shall be taken before
the appropriate district Justice, (23 P.S. Section 6113),
~' /J/L
Kj A, lIess
4. The court costs alld fees are waived,
6, This Order shall remain in effect for a period of 1 year,
or until modified or terminated by the Court after notice or
hearing and may be extended beyond that time if the Court find.,
that the Defendant has committed an act of abuse n,' has engaged
In a pattern or practice that indicates risk of harm
Plaintiff.
By the Court,
J,
LENA JANE BITNER,
Plaintiff
:N TilE COURT OF COMMON PLEAS OF"
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-N57CIVIL TERM
PROTECTION FROM ABUSE
RAY CLYDE BITNER,
Defendant
TEMPORARY PROTECTION ORDER
AND NOW, this
r'
/1 day of April, 1996, upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, LENA JANE BITNER, temporarily residing at an
undisclosed location, is in immediate and present danger of abuse
from the defendant, RAY CLYDE BITNER, the following Temporary
Order is entered,
The defendant, RAY CLYDE BITNER, SSN:UNKNOWN and
DOB:6/25/31, now residing at countryview Estates, Lot 25,
Newville, Cumberland county, Pennsylvania, is hereby enjoined
from physically abusing the plaintiff, LENA JANE BITNER, or
placing her in fear of abuse.
The defendant is excluded from the plaintiff's residence
located at countryview Estates, Lot 25, Newville, Cumberland
county, Pennsylvania, a residence which is jointly owned by the
parties,
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,
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives,
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 Pennsylvania State Police shall 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
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, S 6113).
By the Court,
.AL-.
Judge
LENA JANE BITNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v,
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96- /'1:. '/ CIVIL TERM
RAY CLYDE BITNER,
Defendant
PROTECTION FROM ABUSE
PETITION FOR PROTECTION O~
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 P.S. S 6101 at saq.
A. ABUSE
1. The plaintiff, LENA JANE BITNER, ie an adult individual
temporarily residing at an undisclosed location,
2. The defendant, RAY CLYDE BITNER, SSN:UNKNOWN and
DOB:6/25/31, is an adult individual residing at countryview
Estates, Lot 25, Newville, Cumberland county, Pennsylvania,
17241.
3. The defendant is the husband of the plaintiff.
4. Since approximately 1985, the defendant has attempted
to cause and has intentionally, knowingly, or recklessly caused
bodily injury to the plaintiff, 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 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 March 27, 1996, the plaintiff left her
home because the defendant threatened that if she did
not leave, he woulct "blow her head off,"
b. On or about March 25, 1996, the defendant
threatened the pleintiff telling her to leave or he
would blow her head off, The plaintiff is fearful of
her safety because the defendant keeps a loaded ,22
shotgun by him at all times, and when he is angry with
her, he picks the shotgun up and plays with it while
yelling at her, causing her to fear for her safety,
c. On or about March 16, 1996, the defendant hit the
plaintiff in her arm causing bruising.
d, On or about March 4, 1996, the defendant
backhanded the plaintiff in the face.
e. In or around February 1996, while the plaintiff
was in bed, the defendant pulled her hair and kicked
her.
f, In or around October 1995, the defendant punched
the plaintiff in the breast with his fist,
g. In or around June 1995, the defendant slapped the
plaintiff across the breast and arm, forced the
plaintiff to get out of the vehicle, and made her walk
approximately four miles home.
h, since 1985, the defendant has abused the plaintiff
in ways including, but not limited to, the following:
pushing, grabbing, punching her in the breast and
stomach, and slapping the plaintiff, On one
occasssion, the defendant hit the plaintiff in the face
with enough force to lacerate the plaintiff's lip and
cause bleeding.
5, On or about March 27, 1996, the plaintiff left her
residence at countryview Estates, Lot 25, Newville, 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
should she return to the home without the defendant's exclusion,
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.
B. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives,
9, 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,
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 shotgun and three other shotguns.
B. EXCLUSIVE POSSESSION
11, The mobile home from which the plaintiff is asking the
Court to exclude the defendant is owned in the names of LENA and
RAY BITNER.
12, The plaintiff currently has no permanent place to stay
except the marital home, and the defendant has family and friends
in the area wit~ whom he can stay.
C, SUPPORT
13, The defendant has a duty to support the plaintiff,
14. The plaintiff is in need of financial support from the
defendant including, but not limited to: the rent payment on the
residence at Countryview Estates, Lot 25, Newville, Cumberland
county, Pennsylvania,
15. The defendant receives disability and gets
approximately $650,00 per month,
16, The plaintiff currently receives social security and
retirement in the amount of $532,00 per month,
17. The plaintiff intends to petition for support within
two weeks of the issuance of a protection order,
c. ATTORNEY FEES
18, The plaintiff asks that the defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 P.S, S 6101 et sea" as
amended, the plaintiff prays this Honorable Court to grant the
fOllowing relief:
A. Grant a Temporary Order pursuant to the
CProtection from Abuse Act:"
1, Ordering the defendant to refrain from
abusing the plaintiff or from 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;
J. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives;
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 mobile home
located at countryview Estates, Lot 25, Newville,
cumberland county, Pennsylvania, to the plaintiff
to the exclusion of the defendant pending a final
order in this matter;
6, ordering the defendant to stay away from any
residence the plaintiff may in the future
establish for herself;
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 shotgun and three
other shotguns; 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 from 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.
J. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
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 mobile home
located at Countryview Estates, Lot 25, Newville,
cumberland county, Pennsylvania, to the plaintiff
to the exclusion of the defendant.
6. ordering the defendant to stay away from any
residence the plaintiff may in the future
establish for herself,
7. Ordering the defendant to relinquish to the
sheriff's department any following weapons which
he owns, possesses or has used or threatened to
use against the plaintiff including a ,22 shotgun
and three other shotguns, and prohibiting the
defendant from acquiring or possessing any other
weapons for the duration of the Order.
8, Granting support to the plaintiff in the
amount of $20 per week, payable to the plaintiff
in the form of a check or money order, mailed to
her residence, and ordering the defendant to
continue to make rent payments on the residence of
the plaintiff,
9. 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 Pennsylvania State
Police who has jurisdiction to enforce this Order,
"
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LENA JANE BITNER,
PI a i nt 1 f f
IN THE COURT OF COMMON PLEAS OF
CUMElEFH.AND COUNTY, PENNSYLVANIA
v.
NO. 96-1957 CIVIL TERM
RAY CLYDE BITNER,
Defendant
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The plaint i ff, LENA JANE BITNFR, by nnd through her
IIttorney, JOlin Carey of Legal S'lIvicos, 1/1(" stlltes tho
following;
1. On tho 11th dllY of April, 1!)96, the plllintil1 fillld a
Petition for Protection From Abuse llnd the court entered a
Temporary Protection Order scheduli/19 II hellring for the 18th
day of April, 1996.
2. Rich Webber, the defendant's attorney, contacted Legal
Services, Inc. to request a continuance due to a conflict in his
schedule.
3. The plaintiff is not opposed to a continuance of the
hearing if the Temporary Protection Order remai/15 in effect
pending further Order of Courl.
WHEREFORE, the plaintiff requests that an Order for
continuance be entered and that pendi/1g further Order of Court
the Temporary Protectio/1 Order remllin in effect.
Respectfull~ submitted,
, .' '}
Ii'" ,J (:1.' ( '/
JEH'trl Can,y' /..' ...
,Attorney for Ploi/1tiff
LEGAL SERVICES, INC.
H Irvi/1tl flow
Curlislo. Pa 17013
(717) :'4.1-'1400
LENA JANE IlITNim,
Plaintiff
IN TilE ('OURT OF ('OMMON PLEAS OF
(,UMBEI~IAND ('OUNTY, PENNSYI.VANIA
vs,
l)(,.19S7 ('IVI!. TEI~M
RA Y ('I. YDE IlITNEI~,
Dcfendllnt
PIWTE<TION FROM ABUSE
IN I~I\: I~ETURN OF FIREARM
()lmEI~
AND NOW, this
, ~ dllY of Junc, 1997, thc ahol'c pnllcetive mder having
expired, the Cumhcrland ('nunty Shcrifl\ Dcpartment is lluthorizedtn relellse to the defendant
any and all firearms seized in cnnnection with this case.
BY TilE ('OURT,
Joan Carey, Esquire
For the PlaintiCf
Richard Wehher, Jr., ESlJuire
For the DeCendant
Lena Bitner
25 Country View Estates
Newville, PA 17241
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