HomeMy WebLinkAbout96-02395
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Jamie K, May,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
ClJMHErH,ANO COlJNTY, PENNSYLVAN IA
v.
NO. 96-2:1\)5 CIVIl. TERM
Mnl'k A. Little,
ne fendanl
PROTECT InN FROI~ AlllJSE
J'Rm'r-:el'[' I eJN .,ORI1F;R
AND NOW, this -g",,- dllY of MIIY, IH~Hi, IIpon COflHidPI'lltion of
the ConHent. ^j.(I'e"m<'nl of the plll't i"'H~'};,t I~n!l ~~ 1
c,.. IlAA\ f.a~..;tt,..~ 0 V dP-- c..u.. s t i'\.Q A-, !I\ ct.~" ""1
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j'NL ,1,.(J"U/J r '-""" I"Q 1\/yU'~ (..1 (l.AA'''~-r' IV V Y
.2r'\S l:Tl.t1,;~f I. The def<,ndllnt., Mnr'k 1\, I.itt lp, I" <'''.;o;n"d from
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phYH\clllly IlbllHinl>! lh, pial/iliff, ,laml.. K, May, or from placing
he [' in f{ln f' 0 f ab1H:H~.
2. Thp defendant is <HI,; 0 ined fl'Olll LIIIV ing flny dl rect 01'
indirect contact with the plaintiff lncllldlnio!, bllt not. limited
t.o, teLephone Find wI'it.ten communicat.ions,
3. The defendnnt. Is ordered t.o refruin from hflrnssing and
stalking tbe plaintiff and from hllrllsslng t.he plaintiff's
relat ives.
4. The defendflnt. is pI'ohiblted from 'mtering the
plaintiff's plllce of employment..
5. The defendn"t. Is prohibited f/'om removln~" damnging,
dest.roying or selllnl>! Bny property owned by the pllllntiff.
6. Th.. defpndllnl is ol'dprf'd to ..IllY IIway from tbe
p'laint.iff'H curr't:>nt r'psi,dPHC(>, Hnd Ilny othPl' r'psidl'nc(~ the
pl,linl.i ff may "..tllbUsh.
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_ 7. The defp"dnnt is o,'df'r'pd 10 r..-~ pllllnt Iff_
~. tJ:t;: '-cM~ Ult"'...Q.\"'~,'y\ ""^ /Vr,j., ~c-~ ,~-1~P.
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The defendant is enjoined from harassing and stalking the
plaintiff and from harassing tho plaintiff's relatives.
The defendant is enjoined from entering the plaintiff's
place of employment.
The defendant Is enjoined fr'om f'emoving, damaging,
destroying or selling any property owned solely by the plaintiff.
A violation of thiH Order may subject the defendant to: i)
arrest under 23 Pa.C.S. 861\3; II) a privat.e erl.lnal eoml)laint
under 23 Pa.C.S. 86113.1; Iii) 8 cha"ge of Indirect criminal
contempt under 23 Pa.C.S. 86114, punishable by Imprisonment up to
six mont.~s and a fine of $100.00-$1,000.00; and Iv) civil
contempt under 23 Pa.C.S. 86114.1, Rcnumption of eo-residence on
the part of the plaintiff and defendant shall not nullify the
provisions of thc court order.
This Order shall remain In effect until modified or
terminated by the Court 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 eontinued risk of harm to the plaintiff.
A hearing shall be held on this matter on the'il day of
May, 1996, at ~L-'___----,:!.m., in Courtroom No._~L, Cumberland
County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees
pending a further order after the bearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff's request and without pro-payment
have placed the plaintiff In reasonable fear of bodily injury.
This has included, but. Is not. limited to, the following specific
instances of abuBe~
a. On or about April 26, 1996, the defendant grabbed
the plaintiff's arm, threw her down onto the hardwood
flGor, and repeatedly kicked her in the stomach
(knowing she was pregnant) and In other parts of her
body, As the defendant, kicked the plaintiff, he
screamed at her that she was not going to have this
baby. The defendant took the plaintiff's MAC card, and
pushed her. The plaintiff who feared further abuse ran
into another room and shut the door. The defendant
came after the plaintiff, pushed her down onto the
hardwood floor, got on top of her and choked her with
both his hands causing her to become unconscious. When
the plaintiff regained consciou~ness, she waited for
the defendant to leave and then dialcd 911. As she
gave Information to thc operator, the defendant came
back into the house, and the plaintiff, fcaring further
abuse, put the receiver down,
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The defendant argued with the plaintiff, pushed
her onto the bed on her back, and held both her arms
with his hands, screamed at the plaintiff, hit her on
the hack with a br'oken piece of paneling, and broke
Rflveral ltt'ms in th.. bedroom Including the plaintiff'.
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stereo. The defendant poked the plaintiff in her face
and arm with n screw causing bleeding. The Harrisburg
Police arrived and arrested the defendant for simple
assaul t .
The plaintiff Hought. troatment. fOI' her injuries at
the Holy Spirit lIospital. lieI' inJuries included, but
are not. limited t.o, t.h.. following: bl'Llllles on her arm
and back, marku on her neck, and a scrat.ch on her face.
b. On or about. April 24, i996, the defendant pushed
the plaintiff onto a sofa and screamed at. the
plaintiff. Whon the plaintiff stood up, the defendant
forcefully grabbed t.he plaintiff by her arm and
continued to scream at her causing her to fear for her
safety and beg the plaint.lff to stop.
c, On or about. April 15, 1996, the defendant pushed
the piaintiff onto t.he floor and repeatedly kicked her
in the back causing a bruise. When the plaintiff got
up off of the floor and tried t.o run into the bathroom,
the defendant grabbed her arm causing a bruise, and
punched her In t.he face causing swelling and bruising
on her face.
6. On or' about April 26, 1996, the plaintiff left her
residence at 218 Briggs Street, Apartment 1, Harrisburg, Dauphin
County, Pennsylvania, In order to avoid further abuse.
7. The plaintiff believes and therefore avers that she is
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in immediate and present danger of abuse from the defendant and
that she Is in need of protection from such abus..
8. The plaintiff desires that the defendant be prohibited
from having any direct or Indirect contact with the piaintlff
Including, but not limited to, telephone Rnd written
communications.
9. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives,
10. The plaintiff desires that the defendant be restrained
from entering her place of employment.
11. The plaintiff desires that. t.h" defo'ndant be enjoined
from removing, damaging, destroying or selling any property owned
solely by the plaintiff.
1l,,___KX.Ct<l,lJU Y,LPQSSEfi.S ION
12, The home which the plaintiff is asking the Court to
order the defendant to stny away from Is not owned or rented in
the defendant's name.
13. The defendant has his own residence located at 218
Briggs Street, Apartment I, Harrisburg, Pennsylvania.
C--,_JJ9lili.K5
14. The plaintiff has Rllffered loases as a result, of the
abuse by the defendant. The losses are listed on Exhibit A
attached.
WHEREFORE, pursuant to the provisions of the "Protection
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from Abuse Act" of October 7,1976,23 Pa,e.s. g 6101 !tt. /U.S., a8
amended, the plaintiff prays this Honornblc Court to grant the
following relief:
A. Ol'ant a 'rt!ml'or'/ll'y Order (>urHullnt to the
"Protection from Abust! Act:"
I. Orderlnl( th.. def..ndllnt to ,'efrllln from
abusing the plaintiff or placln~ her In fear of
Ilbuse.
2. Ordering th" defendant to refrain from having
any direct or Indl,'ect contact with the plaintiff
Including, but. not 1 imit.,d to, telephrme and
written communications,
3. Ordering the defendllnt to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintiff's plact! of employment.
5, Prohibiting tht! defendant from removing,
dAmaging, destroying or selling property owned
solely by the plaintiff.
O. Ordering the defendant to stay away from the
plaintiff's current residence, and Any other
residence the plaintiff mny "stabllsh.
B. Schedule a henring in accordance wi th the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
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an order to be in effect for a period ~C one year:
1. Ordering the defendant to refrain from
abusing the pLaintiff or placing her in fear Qf
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.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property owned
801ely by the plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's current residence, and any other
residence the plaintiff may establish.
7. Ordering the defendart to reimburse the
plaintiff's out-of-pocket losses suffered as a
result of the abuse including but not limited to
the losses listed on the attached sheet marked
Exhibit A.
The plaintiff further asks that this Petition be filed and
served without payment of fees and C06tS by the plaintiff,
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CERTIFICATION OF PFA'g
Caso Numbor q0-,;J.39~_(1X1. T~
Name t2 , ~ . .
J:I '~7-
<UI.A./.duUlj:--,-fll /7 1t12-
Victim's Name:
~, 1<. 1r} a.y-
Balance Due: S
ADD DELETE
170 State Surcharge S $
,
171 State Fine S S
260 Sheriff Cost S S
502 Restitution S S
Name ~ ~ ]!:t. ~~~JJt1~/~ 4-23. 95
~ *': Addres 0 (lJ9 'A
~ ~~_. i0w-
City ~&
State
PA-
Zip
170/3
Name
Address
$
City
State _ Zip
Name
Address
s
Ci ty .
State
Zip
Prothonotary Office
Person Certifying Information ..a~d...d,-,Y1L~YM..'lilte 5'/1/9"
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COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
t CUMBERLAND COUNTY, PENNSYLVANIA
V. I
: TERM & NO. 1996-52395
MARl< A LITTLE : CASE TRANSFERRED ~
: CHARGE I
: FROM CIVIL DIVISIO
OTN: I AFFIANT:
IN RE: RULE TO SHOW CAUSE
ORDER OF COURT
AND NOW, November 13, 1996, in consideration of the attached
petition, the court issues a Rule to Show Cause on the defendant why
he should not be adjudged in contempt of court for failing to pay the
sums set forth in the petition.
The Rule is returnable and the hearing shall be held on
December 06, 1996 at 9:30 AM in Courtroom No.4,
of the
Cumberland county Courthouse, Carlisle, Pennsylvania.
"
Service of the petition to be made on the defendant by Certified
Mail, Return Receipt Requested and by regular mail.
By the Court,
'...J..
~. /14-
Kevi A, Hess, J.
District Attorney's Office
Public Defender's Office
Probation Office
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