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HomeMy WebLinkAbout96-02854 ~ I.. I "'oC' ~ \ ::s ....a i ", I' .. :I ; ~ ~ ~ ~ ..a ~ " ,I , , ~ ,[ \';; ............ i " " ., , i, 'I ,r'" I \ " " V " " , " , I'"~ , " " , I 1 I, ,1 1 I, " 'I, ", € ~ " , , " i =' ,,,I " .3 I' .. ~ .' ~! . \ a:\ ~l JODI L. STRAUSBAUGH, I IN THE COURT OF COMMON PLEAS OF Plaintiff I I CUMBERLAND COUNTY, PENNSYLVANIA v. I NO. 96-(.;(~~CIVIL TERM I CHAD J. STRAUSBAUGH, I Defendant PROTECTION FROM ABUSE TaMPOaAaY PROT.CTIOH ORD.R \ !I( I AND NOW, thie \ . day of May, 1996, upon presentation and coneideration of the within Petition, and upon finding that the plaintiff, JODI L. STRAUSBAUGH, now residing at 195 Ashford Drive, Enola, Cumberland County, Pennsylvania, is in immediate and preeent danger of abuue from the defendant, CHAD STRAUSBAUGH, the followinq Temporary Order is entered. The defendant, CHAD J. STRAUSBAUGH, SSN:175-54-5028 and DOBI~/17/71, now residing at Church Lane, Harrisburg, Dauphin County, Penn.ylvllnia, i. hereby enjoined from physically abusing the plaintiff, JODI STRAUSBAUGH, or placing her in fear of abuse. The defendant i. ordered to stay away from the plaintiff's reeidenoe located at 195 Ashford Drive, Enola, Cumberland County, Penneylvania, II rssidence which is leased solely by the plaintiff. 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 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 tbe defendant tQI il arrest under 23 'a. C.8. 5'113; iil a private cri.inal complaint under 23 'a. C.8. 5'113.1; iiil a cbarqe of indirect criminal cont..pt under 23 'a. C.8. 5'114, punishable by i.prisonaent up to six aontbs and a Une of $100.00-$1,000.00; and iv) civil cont..pt under 23 'e. C.8. 5'114.1. Re.umption of co-residence on the part of tbe plaintiff and defendant sball not nullify tbe provisions of tbe 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. The defendant is ordered to relinquish to the sheriff's department any weapons which he owns, possesses, has used or threatened to use against the plaintiff including a .9 mm gun and a revolver, and the defendant is prohi~ited from acquiring or possessing any other weapons for the duration of this Order. A hearing shall be held on this matter on the )6 (;"- day of , '/), <I:'; , Cumberland County 19S6, at /1 ( .' , I ) , ).m., in Courtroom No.~, I Courthouse, CarliSle, Pennsylvania. . , Th. plaintiff may proceed without pre-payment of fees pending a further order after the hearing. Th. Cumberland county Sheriff's Department shall attempt to make ..rvice at the plaintiff's request and without pre-payment of fee., but service may be accomplished under any applicable rule of civil Procedure. Thi. Order shall be docketed in the office of the Prothonotary and forwar.ded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The East pennsboro Township Police Department shall be provid.d with a certified copy of this Order by the plaintiff's ~ttorney. This Order shall be enforced by any law enforcement aqency 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 pre.ence 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. Sil13). By I~e court,.. ~ (JI'lW( Judge 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 atter 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 tail 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 Patition or for any other claim or reliet requested by the plaintiff. You may lose money or property or other rights important to you. I'IlIlS AND COSTS 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 fees to Legal Services, Inc. for their representation of the plaintiff. You .hould take tbi. paper to your lawyer at onoe. If you do not bave a lawyer or oannot afford one, go to or telepbone the offioe .et fortb below to find out where you oan get legal belp. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMIlRICAHS WITH DISABILITIIlS ACT OP 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 betore the court, please contact our office. All arrangements mu.t be made at least 72 hours prior to any hearing or business before the court. JODI L. STRAUSBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff I v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-..N j'( CIVIL TERM PROTECTION FROM ABUSE CHAD J. STRAUSBAUGH, Defendant PITITIO. .01 PIOTICTIO. 01011 .ILII. UKDI. Tal PIOTICTIOH ..ON ABU.I ACT, 23 .... I 1101 et .eq. A. AIIUS.I 1. The plaintiff, JODI L. STRAUSBAUGH, is an adult individual residing at 195 Ashford Drive, Enola, Cumberland county, Pennsylvania 17025. 2. The defendant, CHAD J. STRAUSBAUGH, SSN:175-54-5028 and DOB:5/17/71, is an adult individual residing at Church Lane, Harrisburg, Dauphin County, Pennsylvania. 3. The defendant is the husband of the plaintiff. 4. Since approximately September 1995, 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 15, 1996, the plaintiff's daughtor came home to find a Key broken off in the door lock and dents in the door. A neighbor came over and told the plaintiff that the defendant had been to her home earlier trying to get in, causing the plaintiff to fear for her safety because of threats to kill her in the recent past. b. On or about May 13, 1996, the plaintiff went to the defendant's place of employment to pick up her vehicle. The defendant, while cleaning out the glove box, pulled out a .9 mm gun, and while talking to the plaintiff, took it out of the holster and toyed with the gun, causing the plaintiff to fear for her safety. The defendant took the gun inside, came back out and raised his hand as if to grab the plaintiff, pushed her in the shoulder and followed her around, yelling at her. The defendant has telephoned the plaintiff numerous times since this incident, causing her to fear. c. On or about March 8, 1996, the defendant threw a romote control at the plaintiff, just missing her head. The defendant followed the plaintiff outside, kicked the screen door, ripped the screen, came up behind the plaintiff, grabbed he~ by the neck and threw her against the side of the truck, continuing to hold her by the neck. The defendant then drew back his fist as if to punch the plaintiff, causing the plaintiff to feat for her safety. The plaintiff suffered soreness about her neck and a lacerations on her neck. d. In or around February 1996, the defendant came home enraged, threw a phone and threw a knife against a counter causing it to ricochet and come within inches of the plaintiff. e. In or around the end of January 1996, the d8fendant grabbed the plaintiff by the head, picked her up by her hair, and slammed her against a cement wall. The plaintiff suffered soreness to her head and back. 5. 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, 6. 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. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. 10. The plaintiff desires that any weapons the defendant owns, posBesses, and has used or threatened to use against the plaintiff including a .99 mm gun and a revolver be confiscated by the Sheriff's Department. .. IXCLU8IVI POlll18IOK 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 plaintiff is not seeking the eviction of the defendant from his residence. D. L08118 AND RIIKBURIBKIKT rOR COlT or CA8B 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 n ,g,gg., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a 'remporary 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 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 by the plaintiff; 6. Ordering the defendant to stay away from the plaintiff's reaidence located at 195 Ashford Drive, Enola, Cumberland County, Pennsylvania, and 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 .9 mm gun and revolver, and 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 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. 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 loc~ted at 195 Ashford Drive, Enola, Cumberland County, Pennsylvania, and from any residence the plaintiff may in the future establish for herself. 7. ordering the defendant to pay $250.00 to 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 East Pennsboro TownShip Police Department who has jurisdiction to enforce this Order. Theplaintitt pray. tor .uoh other relief a. may b. ju.t and proper. ' Re.paottully 8ubmitted, , ,oJ , /,.r JL/ lC ,L ~/,' (/ oail Carey , Attorney fc-r PIa ntiff LIGAL ,1.Vlel" I_C. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ,\ " ,I , , JODI L. STRAUSBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA v. : I NO. 96-2854 CIVIL TERM CHAD J. STRAUSBAUGH, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, JODI L. STRAUSBAUGH, by and through her attorney, Joan carey of Legal Services, Inc. states the following: 1. On the 22nd 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 28th day of May, 1996. 2. The Cumberland County Sheriff's Department deputized the Dauphin County Sheriff's Department to effect service on the defendant. 3. As of May 28, 1996, service had not been effected. 4. The plaintiff requests an Order for Continuance to afford the Sheriff time to effect service. 5. The plaintiff also requests that the Temporary Protection Order remain in effect pending further Order of Court. WHEREFORE, the plaintiff requests that an Order for ,... ,. "~ ' " I ,~.~ < I , I, , Ii I "0 ,/ '.. ", " I " ~ ("') >- t Ir. I.... -;- ill ,"_M ~..~~ ,t ..<.) :':': _J~,. ~ (.... )~ ( ~!, - .~~ .,. .1 #;, l-1! ..... ;:;j~ c:.' jL' .." [1') . ". ~ ~ d ;' , ' 'ji I' " , , I' - . SHERIFF'S RETURN - OUT OF COUNTY CASE NOI 1996-028~4 P COftftONWEALTH OF PENNSYLVANIA I COUNTY OF CUftBERLAND STAUSBAUGH JODI L VS. STRAUSBAUGH CHAD J R. Tho..... KIin. , Sheriff, who being duly .worn according and inquiry for the within to law, .ay., that he made a diligent .earch named defendant, to witl STRAUSBAUGH CHAD 3 but wa. unable to locate Him in hi. bailiwick. He therefore deputized the .heriff of DAUPHIN to .erye the within PROTECTION FRO" ABUSE County. Penn.ylyenia. On June 12th. 1996 thi. office wa. in receipt of DAUPHIN County, Penn.ylyenie, the etteched return from Sheriff'. CO.t.1 Docketing Out of County Surcherge 18.00 9.00 2.00 ~<.. . '29.lDlD Sworn end .ub.cribed to before me thi. I Q"":: day of q,... . 19 Glr A. D. l"\ul. :::..r, ~. ~'.K~'~ ~ rot, one ary' . COMMONWEAI:l'lI 01' I'ENNA: , COUNTY 01' PAlIPIIIN: SlIEltll'l"S IUrl'lIltN NO, 96-2854 "Am: 469 ANIl NOW: June 7, III 96 ,III 9133 11I1. SEItVEIl TilE UPON WITIIIN Protection From Abuse-New Order Chad J. Strausbaugh IIY ..EItSONA....\' IIANIHNO TO Chad J. Strausbaugh A TRUE ATTESTEIl COpy 01' THE OHtnINAI. Protection From Abuse-New Order AND ~IAKING KNOWN '1'0 him 1020 W. chocolate Ave., Hershey, Pa TilE CONTENTS 'I'HEKEOI' AT RG Auto Body RH SO A~SW-'J: SHERIFF OF DAUPHIN CO ,PCNNA IIY ~~{ ;Y~,,-'v DE"UTY SIILHIFF "worn and Rubscrib"d to before me thIs 10th cj'lY o( .June 1') 96 '-~/!},;f)~ , SllERIFF'~ C{)~T~' N/A S IA l~ Tne ,Court c1 C.:mmOrl Fle::s cT C:.Jr.~:::~fC'l=nd C:'::W:-i-:Yr Panr:sylv,=r:i:: Jodi Strausbaugh ""S. , Chad J. Strausbaugh u 96-2854 Civil .'0. ,~ --, .....- :-row, MRY 30 ~9...!lfl. !.. S~:?~= O? C~[3:::::?"!'A.'m COt..~':'Y, ?-\... CO !:=!ly c!=;:u= d:: Sa:.:' ai nAllph;n Cwu:q :0 e."::':'olt: = 'N:!:., :!::s C-:puc= =t:bi _",..l. u = ~ ::d :=~ ol :.:: :!:1!:=:. ~~~.... S4e..-..:! c't C:.:::::er..3.Cd. C,)Uo:tT, ?1. '" !::~a."":t or~'" . ~I;; . 4 '::::e:'"71~ ~ow, 19 .- o'dea ~[. 1:-.-= :.::= ';"'it!:in ~::ca ~t by ::u:~ :0 a. c:;py of == o:o:.t.....,r '- " 2nd -'!I~. bawu :0 ::.: ' . .::::.t==~ ~":::::L S<l :uuwd, Sll.:::a' 0 I c.....cr, i':. =: :.:.it _ ay ot .0 u_ ccsn Sn''-IC ~a:u..1..GZ ,1..::W..l."'"'!7 s SWCr.1 2ne! s::==-:cd == ---..----.. s ,- .-4 HIARING DATEI MAY 28. 199~ 1M ,The Court ci C=mmon Fle:s ci C:Jr.~:::~!t'l:nd c;.~r.:.';:~'YI Jodi L. Strausbaugh 'is. Chad J. Strausbaugh Panr:sylvcr:i :::: ~o, 96-28~i4 Civil__---, ::_- :--row, May 23 .,"_96 1. S'..:-_."=_T~-._ 0-." r~~-:;-:)" """ CO ~, V ':)..\ ..J..... J _. w........__~,.., t..,':'.,..__,"w ==-.J!y ci.;:ue::: t!:.= Sh::I..:i' 01 =.:s d...::uc:cn ::!:1; _"\.l_ ~t -== ._~~ =.d. ~..:k ~f Dauphin C-:=tr to Co."::="'::': ~ '.V::~t :.:: ?!~=. ~~~.. S1e.-~ at C:.:::i::er'..:u:ct CJu:tT, ?~ . Affidavit or Sem~ ~ow, ~9 .. o'':'!ca ~c. l=-"~ . .. - , wit!:::! ,-- -- 'Jpclu ~t by =cii.:1i :0 J. C':!'r oi =: :~~-..I - ,. llIa -'!I':. i::owQ :0 '-- .::::.:::::.::s ~I.:=:=i. -- So :\.C:W~_ ~.{ c~.......,. l'.. =:==_C:J.ycl 19_ COS'I'S SD.v'1CZ ~(!l.!..1oC Z ,~:m.... "i"" s SWCl': :me s::i::oc:-J:d beer: --....-.--. s ,-...... ",..,0 JODI L. STRAUSBAUGH, PLAINTIFF V, CHAD J. STRAUSBAUGH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-2854 CIVIL TERM ORD~8 OF COURl AND NOW, this 23rd day of July; 1996, fOllowing a hearing on the merits, IT IS ORDERED: (1) The temporary protection order entered on May 22, 1996 Is vacated and replaced with this order, (2) Chad J, Strausbaugh Is enjoined and prohibited from abusing or threatening to abuse Jodi Strausbaugh, (3) Chad J. Strausbaugh Is excluded from going In or being at any residence where Jodi Strausbaugh lives, (4) Chad J. Strausbaugh Is enjoined and prohibited from contacting or being with Jodi Strausbaugh, (5) This order shall remain In effect for one year from ~ls9ile, \, I, I . , i I By the Court, ,A Joan Carey, Esquire For Plaintiff ~~.:......... r'';~~<''-'I).:J'tIq.,.) -. ~ ;.\:'\ . Gerald A. Lord, Esquire For Defendant :saa flLED-OF~ 01: 11!~ P~,10rHi1~bTN1Y 97 FEB I 3 At1111 02 CUMB~Fil.t!;o COLNTY IlEN~,SYI.V,\ \I~~ . , , .' 1/ , , I' , I , , " ~". C'") , '. , ;' " .. liJ < '. ~ ) . ,I [, , I..' ,- I ,j (/):. &1 : ) ~ nJ , [" " " 1 . , t:. ,".. , v-' c':' l~ , r ,'I, , l , " "