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Home My WebLink About96-02111 ... , ! ,.......,' "M. '. ! ',;:,~"" f!.~.... 1101I "I m~, ,',' ~ "",1iI -.... , '1, ,,-, ': . '.--,.. .' . . '.... 11M rtI7t ""- . 1'1II0fil I ~ In"" Till , . , ' .. ' 'I'., " " I',' ;i.[ ':1 ~ I I J " ,.. STEVEN TIMMRECK, A minor Plaintiff by DAVID SHOPP, a guardi an vs, STEVEN TIMMRECK, BARBARA TIMMRECK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96,J~11/ CIVIL TERM ,), .lJ" tl,,"l1 ,,'- t PROTECTION FROM ABUSE <, I ";''1'\ , (.1 t "II rJ"PORARY PROT~CTION ORD~R fl~tI ':'" f AND NOW, this day of April, 1996, upon presentation and consideration of the within Petltton, and upon findlng that the plaintiff, STEVEN TIMMRECK, temporarily residing at 65 Opposum Lake Road, Carlisle, CumhHrland County, Pennsylvania, is in immediate and present danger of abuse from the defendants, STEVEN and BARBARA TIMMRECK, the fOllowing Temporary Order is entered, The defendants, STEVEN TIMMRECK, SSN:UNKNOWN and DOB:UNKNOWN, and BARBARA TIMMRECK, SSN,UNKNOWN a~d DOB:l/19/60, now residing at 249 W, Ridge Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjo1ned from phYSically abUSing the plaintiff, STEVEN TIMMRECK, or placing hlm in fear of abuse, The defendants are ordered to stay away from the plaintiff's temporary residence with the Shopp family located at 65 Opposum Lake Road, CarlIsle, Cumberland County, Pennsylvania, a residence which is owned by David Shopp, The defendant is ordered to refr,'lin from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. It., The defendant is enjoined from harassing and stalking the plaintiff and from hardssing the plaintiff's relatives, The defendant is enjoined from entering the plaintiff's place of employment. 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. fi6113; ii) a private criminal complaint under 23 Pa, C.S. fi6113.1; iii) it charge of indirect criminal contempt under 23 Pa, C,S, fi6114, 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, fi6114,l. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order, This Order shall remaln in effect untll modifled or terminated by the Court after notice or hearing and can be extended beyond it" original expiriltlon date if the Court finds that the defendant has commItted another act of abuse or has engilged in i\ pattp.rtl or practice thilt lndicates continued risk of harm to the plaintiff, A hearing shall be held on this matter on the __~ day of April, 1996, at .m., in Courtroom No. ,Cumberland County Courthouse, Carlisle, Pennsylvania. Ttlp. plaint i ff milY proceed without pre-paYlnent of fees pendin9 d furth'lr order after the heanng. "-.1/&,1 included, but is not limited to, the following specific instances of abuse: a, On or about April 16, 1996, the defendants pushed, slapped, and punched the plaintiff, and pulled the plaintiff's shirt off of him, causing him to fear for his safety. b, !n or around the beginning of April 1996, the defendant Barbara Timmreck forcefully held the plaintiff against a counter, pinning his arm and causing bruising. c, Approximately once a week, since 1993, and escalating since December 1995, the defendants abuse the plaintiff in ways inlcuding, but not limited to, the following: punching, pushing, grabbing, slapping, and occassionally pUlling his hair, d, !n or around December 1995, the defendant Steven Timmreck punched the plaintiff in his side, causing the plaintiff pain and difficulty breathing. 6, On or about April IS, 1996, the plaintiff left his residence at 249 W. Ridg~ Street, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse, 7, The plaintlff believes and therefore avers that he is in immediate and present danger of abuse from the defendant, and that he is in need of protection from such abuse. S, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact wlth the plaintiff lnc luding, but not limited to, t.e lephone and wr it t.en communications. 9, The plaintiff deslres that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, to. The plaintiff desires that the defendant be restrained from entering his place of employment, 11, The pl<l intiff desl res that the defendant be enjo,ined from removing, damaglng, destroYlng or selling any property owned by the plaintiff, B, ElSCLUSIVE. POSSI!.SSION 12. The home from which the pLainti ff is asking the Court to exclude the defendants is owned by David Shopp and the defendants have never resided there, C. ATTORNEY FEES 1), 'l'he plalntiff asks that the defendants 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, 9 61.01 e.t !;,~q" 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. Olderlnq the defendant to refrain from abusing the plaintiff or plaCing him in fear of abuse; " 2. Ordering the defendant to refraln from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communlcations; 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; ~, Prohibtting the defendant from removing, damaging, destroying or selling property owned by the plaintiff; 6. Ordering the defendant to stay away from the plaintiff's temporary residence located at 65 OppoBum Lake Road, Carlisle, Cumberland County, Pennsyl vani~; 7, Ordering t.he defendant to stay away from any residence the platntiff may in the future establish for himself; B, Schedule a hearlng in accordance with the provJ.siOnFl of the "Protection from Abuse Act ," and, after such h/larlng, enter aI', order to be in effect for a per iod c, f one year: 1, Ordf!r Ing the defendant to refrain from abUSing the plaintiff or plaCing him 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. Prohibtting the defendant from entering the plaintiff's place of employment, 5, Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff, 6. Ordering the defendant to stay away from the plaintiff's temporary residence located at 65 Opposum Lake Road, Carlisle, Cumberland County, Pennsylvania, 7, Ordering the defendant to stay away from any residence the plaintiff may in the future establi3h for himself. 8, Ordertng the defendant to pay reasonable attorney fees to Legal Services, rnc, 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 Carlisle,