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HomeMy WebLinkAbout96-02395 " I " '. III I ! " i I ~ I I I I ~ i t I , . , , ',i "i , ; , , " " I " JI' "'ii!;'1:}:~ '..lIh -:' ..!, I' n',',' , I ill ii" I,; q' ";_,,J 1,1' i '. , , , I ; ~ " .. ,;'):' M :>1 , ~ i J A ,/ Iii! ""1 '" .) II'} , ..~ ,ill , ;1 "1 '" " , , '" , 11;/ IA' , ,! " .,1,,1'- Ii c~ , JIIlf!! .\ ' 'I,n " I i I , , i I I '~ J 1 , I I I I , , I ,) ~ , / . I ,~ I <>( I 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 "l."tJ.;r...~ I. u -h., ) r ",.:.l.'~.a.. L_ . J~ ~~ 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 i/ I 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. jJ ,'{."A _ 7. The defp"dnnt is o,'df'r'pd 10 r..-~ pllllnt Iff_ ~. tJ:t;: '-cM~ Ult"'...Q.\"'~,'y\ ""^ /Vr,j., ~c-~ ,~-1~P. 1" ' ,,,,..,k, ,~.__s tr...,1 "rli..~ hHI~"..ol, l.illli.L...!...t,..-+-I>tto-'I'<,>",I'I~ (-? l ('~,.Q ;"-.e 7AAA.t.. I /....( if ~\ 'r~ 1.~"'f-~ Iv ~ a... i )//}."",.( ~,~t{1/ '1 Fe. u,' -E!, l ~ ~ (-1 . f r1vI. t L '?J l'-1l b ' .' ~ ", )-, I I , ~ ,- 7 ~"It 'I, , ,\ \ " " I ',t I, ".' .1 I J" ,"' 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, I 'I I 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'. 2 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 3 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 4 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 5 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, 6 , . 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" I:';".t " \'j ... [r; ,:1. III": ! i'.l' ,j~ ..: ll.r (,',- 1.,,\ r.;", UI" [t'll .1" ,--. 1,- o C;') Ln C!~ , (; " l ~.. , {.) ~.j :t '" fJ1 ".... j JI.'j fIJl.l. ~"j <..l , , 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 ',=".1'1. ..:~ ) " ....... "::'1 (.., ~ :. " .' '\.., " 1< .-' , )~ , ( " I ~:'L ~I,.-\ ....\~ -. 'l'~! (,,\. " .' \".) f::"I' " - " \,J-l1 j,-..:i n~\ :. ~ i " .,lC =;';"J '. ~ 1 f l\.. cr.' ~j (;; \.iO. ()