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HomeMy WebLinkAbout96-02825 ~ ", I' '1 '1 .1 ,I I,' , I I '" itl ~ " I ',I 0 I' ~ I ," I ~ ,I I I I' I I , \. ~ .. ~ "- " '. " " ", " I r: j' " il i '! I ,I , , ," " " , ~ .f ~ """ . , .~ V \.It ~ ~/ ~. ()'. ~. The detendant 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 thi. Order .ay .ubject the defendant tOI i) arre.t under 23 Pa. C.8. 56113; ii) a private cri.inal complaint under 23 Pa. C.8. 56113.1; iii) a charqe ot indirect criminal conteapt under 23 Pa. C.8. 56114, puni.hable by impri.onment up to .ix .onth. and a tine of '100.00-$1,000.00; and iv) civil conte.pt under 23 Pa. C.8. 56114.1. Re.umption of co-re.idence on the part of the plaintiff and defendant .hall not nullify the provi.ion. 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. A hearing shall be held on this matter on the 30 'rl) day of May, 1996, at ~' . r/' ,1, ) '\. m. , in Courtroom NO.~, Cumberland County Courthouse, Car~,isle, 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 ~/:J I 1-,1" \llJ'J;,,,.,,:il;,, '~,'r.~ J\r.> L..5. '. .1 ELIZABETH MOTTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96- CIVIL TERM RAYMOND MOTTER, Defendant PROTECTION FROM ABUSE HOT I C I You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice tor any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. '118 AND C08T8 If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney feps to Legal Services, Inc. for their representation of the plaintiff. You .hould take thi. paper to your lawyer at onoe. If you do not have a lawyer or oannot afford one, qo to or telephone the offioe .et forth below to find out where you oan qet leqal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AN.RICANS WITH DISABILITIES ACT 0' 1990 The Court of Common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or. business before the court. ELIZABETH MOTTER, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- ,,l,f.:.\S CIVIL TERM PROTECTION FROM ABUSE RAYMOND MOTTER, Defendant PBTITION FOR PROTBCTION ORDBR ..LIBF UNDER TH. PROTBCTION rROK ABUS. ACT, 23 P.S. S 6101 It ..q. A. ABUSB 1. The plaintiff, ELIZABETH MOTTER, is an adult individual residing at 75 W. Main Street, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant, RAYMOND MOTTER, SSN:UNKNOWN and DOB:4/3/66, is an adult individual residing at 72 West Louther Street, Cumberland County, Pennsylvania, 17013. 3. The defendant is the former husband of the plaintiff. 4. Since approximately 1992, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has 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 May 12, 1996, the defendant threatened to punch the plaintiff several times. The police were called and charges were filed against the defendant. Earlier that day the defendant telephoned the plainti.ff and threatened that he had two "slugs" one with the plaintiff's name on it and one for her boyfriend. b. On or about May 11, 1996, the defendant came at the plaintiff saying, "You and I are going to have a showdown now," and he raised both of his fists as if to hit the plaintiff. The defendant threatened the plaintiff yelling that he could punch her lights out and that he wasn't afraid to go to jail. The defendant then swung his arms about trying to hit the plaintiff. c. On or about January 15, 1996, the defendant came toward the plaintiff who was in her car at a stop light and slapped her in the face. Fearing for her safety, the plaintiff rolled up her car window and locked the doors, and the defendant kicked the car and screamed obscenities at her. d. In or around January 1996, the defendant pushed the plaintiff, grabbed her by the throat, and pushed her against a wall. The defendant pushed the plaintiff down the stairs, but the plaintiff was able to break her fall by catching herself on the banister. e. Since approximately 1992, the defendant has abused the plaintiff in ways including, but not limited to, the following: choking, slapping, kicking, punChing, and grabbing the plaintiff'S hair. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be prohibited from having any contact with the plaintiff except for the limited purpose of facilitating custody arrangements. 8. 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 restrained from entering her place of employment. 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. B. IICLUSIVI POSRISSION 11. The home from which the plaintiff is asking the Court to exclude the defendant is rented in the name of the plaintiff and the defendant has a separate residence. C. RIIKBURSIMBNT FOR COST OF CASI 12. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. S 6101 ~ ~., 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 contact with the plaintiff except to facilitate custody arrangements; 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 removi.ng, damaging, destroying or selling property owned by the plaintiff; 6. Ordering the defendant to stay away from the plaintiff's residence located at 75 W. Main street, Newville, Cumberland county, Pennsylvania, and from any residence the plaintiff may in the future establish for herself; 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 contact with the plaintiff except to facilitate custody arrangements. 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 by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 75 W. Main Street, Newville, Cumberland County, Pennsylvania, and from any residence the plaintiff may in the future establish for herself. 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 Newville and Carlisle Police Departments who have jurisdiction to enforce this Order. ELIZABETH MOTTER, Plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-2825 CIVIL TERM RAYMOND MOTTER, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, ELIZABETH MOTTER, by and through her attorney, Joan Carey of Legal Services, Inc. states the following: 1. On the 21st day of May, 1996, the plaintiff filed a Protection From Abuse action and the court entered a Temporary Protection Order scheduling a hearing for the 30th day of May, 1996. 2. The defendant contacted Legal services, Inc. to discuss a Consent Agreement. 3. The plaintiff and the defendant are in the process of finalizing the terms of the agreement and signing the agreement, but the defendant has asked Legal Sarvices, Inc. for additional time beyond the hearing date to complete this process because of his work schedule. 4. The plaintiff is not opposed to a continuance of the hearing if the Temporary Protection Order remains in effect pending further Order of Court. WHEREFORE, the plaintiff requests that an Order for continuance be entered and that pending further Order of Court ELIZABETH MOTTER, ' Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-.;(~)~-CIVIL TERM RAYMOND MOTTER, Defendant PROTECTION FROM ABUSE AND NOW, this PROTBCTIOM oaDBa r' fClNC ~ day of~ 1996, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, RAYMOND MOTTER, is enjoined from physically abusing the plaintiff, ELIZABETH MOTTER, or from placing her in fear of abuse. 2. The defendant is enjoined from having any contact with the plaintiff, except for the limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. The defendant is prohibited from entering the plaintiff's place of employment. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff. 6. The defendant is ordered to stay away from the plaintiff's residence located at 75 West Main street, Newville, Cumberland County, Pennsylvania, and from any residence she may establish for herself in the future. 7. The Court costs and fees are waived. 8. This Order shall remain in effect for a period of one (1) 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. This Order shall be enforceable 1n the same manner as the Court's prior Temporary Protection Order entered in this case. 9. This Order may subject the defendant to: i) arrest under 23 Pa. C.S. S6l13; ii) a private criminal complaint under 23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 56114, 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. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 10. The Newville and Carlisle Police Departments shall be provJded with certified copies of this Order 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 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 FllID-QFFlCE or, TI-':, i'~"~TI'''~'0TMW 90 JWI - 6 A:l Or I 2 CL;rii'J~..,l;.: ,'.J 1,\J.i'JIY . PtNNS'iLVi~NIA !II I, , I ,.J ELIZABETH MOTTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 96- CIVIL TERM RAYMOND MOTTER, Defendant PROTECTION FROM ABUSE COHIINT AQRIBMINT This Agreement is entered on this 1,1 day of June, 1996, by the plaintiff, ELIZABETH MOTTER, and the defendant, RAYMOND MOTTER. The plaintiff is represented by Joan carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the fOllowing may be entered as an Order of Court. 1. The defendant, RAYMOND MOTTER, agrees to refrain from abusing the plaintiff, ELIZABETH MOTTER, or from placing her in fear of abuse. 2. The defendant agrees not to have any contact with the plaintiff, except for the limited purpose of facilitating custody arrangements. 3. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's place of employment. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff. 6. The defendant agrees to stay away from the plaintiff's r.sidence located at 75 West Main street, Newville, Cumberland county, pennsylvania, and from any residenc4 she may establish for herself in the future. 7, The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) 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. 9. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa, C.S. 56113; ii) a private criminal complaint under 23 Pa. C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 56114, 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. 56114.1. WHEREFORE, the parties request that a Protection Order be