HomeMy WebLinkAbout96-02871
I
,
I
tt I
i 1"
\I I
~ I
"
.
...
,I .
i
.
I
I
1
~ i
'I
"
~
~
€ , '
~,
.~ " I'
I
~
1
""1
I,
,I, ,
I' II
,
I,
i
I
t
,
'\
\
\
,
, ,
I',j.
,
"
,.
iJ
I
'I
"
"
, ~
I
',I, '
('
~
"
,
,
\1
,".'.
'"
.
I'
..
.")
...
"
I,
! 'Ir,
,"
"
'I
,
~
0.-
~
i
i
I
;
t
'\
.
~
8ETH L. HEISERMAN,
Plaintiff I
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVA~IA
NO. 96-:)'i7/cIVIL TERM
CARMELITA M. LOPEZ,
Defendant
PROTECTION FROM ABUSE
TaNPORARY PROT.CTIOH ORD.R
AND NOW, this J -"'i'.f day of May, 1996, upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, BETH L. HEISERMAN, now residing at 116 West Main
street, Apt. 3, Mechanicsburg, Cumberland county, Pennsylvania,
is in immediate and present danger of abuse from the defendant,
CARMELITA M. LOPEZ, the following Temporary Order is entered.
The defendant, CARMELITA M. LOPEZ, SSN:217-06-2883 and
DOB:7/28/71, now residing at 116 West Main street, Apt. 3,
Mechanicsburg, Cumberland County, Pennsylvania, is hereby
enjoined from physically abusing the plaintiff, BETH L.
HEISERMAN, or placing her in fear of abuse.
The defendant is excluded from the plaintiff's residence
located at 116 West Main street, Mechanicsburg, Cumberland
County, Pennsylvania, a residence which is jointly leased by the
parties.
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 elljoined 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 tbi. Order .ay .ubjeot tbe defendant tor i)
arre.t under 23 Pa. C.8. 51113; ii) a private ori.inal oomplaint
under 23 Pa. C.8. 51113.1; iii) a obarge of indireot cri.inal
oont..pt under 23 Pa. C.8. 51114, puni.bable by impri.onment up
to .ix aontb. and a fine of $100.00-$1,000.00; and iv) oivil
oont..pt under 23 Pa. C.8. 51114.1. ae.uaption of co-re.idenoe
on tbe part of tbe plaintiff and defendant .ball not nullify tbe
provi.ion. of tbe oourt 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.
f'0A~~~aring shall be
~ ' 1996, at
cumb~land County Courthouse, Carlisle, Pennsylvania.
held on this matter on the
6 ']J:.J II. m., in Courtroom
;fa rIh day of
NO.~,
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
ot t..., but .ervic. may b. accompli.hed under any applicable
rule of civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order to the defendant
by mail.
The MechanicBburg Police Department shall be provided with a
certified copy of this Order by the plaintiff's attorney. This
Order shall be enforced by any law enforcement agency 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 presence of the
police officer. In the event that an arrest is made, under this
Bection, the defendant shall be taken without unnecessary delay
betore 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. S 6113).
By the Court,
;' / {(" c\ () t:J{
V~ "- J (' ...LJ~dge
'(-hIC) ,d#r~==rFJ;
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 Notioe 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
f'or 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.
riMS 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 Ihould take thil paper to your lawyer at onoe. If you
do not have a lawyer or oannot afford one, go to or telephone the
off1ae .et forth ~elow to lin4 out where you oan get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AHIRIC~8 WITH DISABILITII8 ACT or 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
must be made at least 72 hours prior to any hearing or busines~
betore the court.
BETH L. HEISERMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-./ III CIVIL TERM
PROTECTION FROM ABUSE
CARMELITA M. LOPEZ,
Defendant
PITITIOH rOR PROT.CTIOH ORDBR
a.LII' UHDI. TBI paOT.CTIOH rRON ABU81
ACT, ~3 P.8. S 1101 .t ..q.
A. ABU81
1. The plaintiff, BETH L. HEISERMAN, is an adult
individual residing at 116 West Main street, Apt. 3,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The defendant, CARMELITA M. LOPEZ, SSN:217-06-2883 and
00B:7/28/71, is an adult individual residing at 116 West Main
Street, Apt. 3, Mechanicsburg, Cumberland County, Pennsylvania,
17055.
3. The defendant is the plaintiff's former intimate
partner.
4. Since approximately January 1996, 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 act. 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 21, 1996, the defendant threw a
phone at the plaintiff, hitting her in the arm, and
threw a can of air freshner at the plaintiff hitting
her in the leg. The defendant then flipped the
plaintiff's phone stand over and threw an ashtray at
her causing her to have to duck to avoid being hit.
b. On or about May 6, 1996, the defendant picked up a
cue ball and held it up as if to hit the plaintiff. A
few minutes later, when the plaintiff walked by the
defendant, the defendant kicked her in the pelvic area,
knocking the plaintiff backwards.
c. On or about May 2, 1996, the defendant grabbed the
phone from the plaintiff and threw it into the
livingroom. The defendant then kicked the plaintiff in
the ribs, knocking her backwards off of the bed. The
defendant again kicked the plaintiff in the ribs,
lunged at her, grabbed her by the arm, and bit her on
the forearm.
d. On or about March 9, 1996, the defendant slapped
the plaintiff on both sides of her face and when the
plaintiff pushed her away, the defendant again slapped
her. The defendant grabbed the plaintiff by the coat,
pushed her to the floor, pinned her arms to the floor,
grabbed her hair, and bit her arm. The defendant then
grabbed the plaintiff's head and slammed it against the
floor approximately four times.
5. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
should she remain in the home without the defendant's exclusion,
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, telophone 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.
B. IXCLUIIVI POIIIIIIOK
10. The apartment from which the plaintiff is asking the
Court to exclude the defendant is rented in the names of
plaintiff and defendant.
C. RIIKBURIIKIKT ~OR COlT O~ CAI.
11. 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 ~., as
amended, the plaintiff prays this Honorable Court to grant the
following reliefl
A. Grant a Temporary Order pursuant to the
"Protection from Abuse Actl"
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;
1
,
I
1
,I
I
I
J
,I
J
I
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;
i
'!
6. Granting possession of the apartment located
at 116 West Main street, Apt.3, Mechanicsburg,
Cumberland County, Pennsylvania, to the plaintiff
to the exclusion of the defendant pending a final
order in this matter and ordering the defendant to
stay away from any residence the plaintiff may in
the future establish for herself;
B. Schedule a hearing in accordance with the
proviaiona ot the "Protection from Abuse Act," and,
atter auch hearing, enter an order to be in etfect for
a period of one year:
1. ordering the defendant to refrain from
abuaing 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, 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
pleintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property owned by
the plaintiff.
6. Granting possession of the apartment located
at 116 West Main street, Apt. 3, Mechanicsburg,
Cumberland County, Pennsylvania, to the plaintiff
to the exclu6ion of the defendant and from any
residence the plaintiff may in the future
establish for herself.
The above-named plaintiff, BETH L. HEISERMAN, verifies that
the .tatement. made in the above Petition are true and correct.
The plaintiff under.tand. that fal.e statements herein are mada
.ubject to the penalties of 18 Pa. C.S. 54904 relating to unsworn
falsification to authorities.
.I
oate5,-dd.-'\.1o
~~
Beth L. Heiserman, Plaintiff
!,
I
'I
BETH L. HEISERMAN,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2871 CIVIL TERM
PROTECTION FROH ABUSE
v.
CARMELITA M. LOPEZ,
Defendant
AND NOW, thiPI
ORDER FOR CONTINUANCE
I :r'u.hC
"J rc day of___, 1996, upon consideration ot
the attached Motion for Continuance, the hearing scheduled for
May 30, 1996, at 8:30 a.m., in Courtroom No.5 of the Cumberland
County courthouse, Carlisle, Pennsylvania, has been continued
until
,:J,.-J_ /.2-
v .
, 1996, at :1:'15' A- .H.
The Temporary Protection Order of Hay 23, 1996, remains in
effect for one year or pending further order of Court.
A certified copy of this Order for Continuance will be
provided to the Hechanicsburg Police Department by the
plaintiff'S attorney.
By the Court,
, .
FlI.E9f?mcE
or: 7/-!f: PFrJJ1.irWn'T;\RY
96 ./I1N "4 PI1 ~: (11
CUMg,1',iJ.,"V 1(, i"l.lJ/\ji,'
. ";YI~S~VM'L4
, ,
.
BETH L. HEISERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, PENNSYLVANIA
:
v.
NO. 96-2871 CIVIL TERM
CARMELITA M. LOPEZ,
Defendant
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The plaintiff, BETH L. HEISERMAN, by and through her
attorney, Joan Carey of Legal Services, Inc. states the
following:
1. On the 23rd 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. Legal Services, Inc. was in contact with the defendant
and attempted to negotiate a Consent Agreement.
3. Negotiations have broken down, and the defendant is
asking for a continuance to afford her time to obtain legal
representation in this matter.
4. Legal Services is in the process of referring the
defendant to private counsel.
5. Tho 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
',I'
'I Ii
I'i,i:
:.\
tl!' ,I"
I,:, ! ::'11'
II!'/
ji I, /' !'
,I
,
Ii
'III"
i.' Ii I.ll-.' 1 ~
iI, 1'1
i' J I'ii'i '"ll J id-
I"
'JI
, ; I .' ~-, 1/' ", Ii
, .
,'11
l'il+,' ,I.ri;
'J, !
I.
t.I,.J,
'.,1
~ \' \
',1 \ , ~, I" I !
1 I I' I' ~,
, i '~' ,
':
i, 11 ( ,~ 1 I! 1 I,
/'.l.1!Yl
iil'il,
:.,'11/',
i,\;;
,
'" ,I
; ~ "'" I -. I
'1';
,.1,1'1[<1 i'I'/\, :.,
I"
1111'11 ,j;
,,: i ,~ '?l '.'1 II 1. II ! :
'1Ii, ii'
! II '),1'
",I
'.--
i' ) ~'
I ',I' " I ! , !,oJ! !.\ "'. liP
i'lr'l I' 1.; I , ,I \ t \ ~,~, i'J . " " "
I 'Ill; , I , II , " :, L
Ii , ,
(\1 I'
t lll-'!JI: !"I,',I:11
"
:';'11/ I! '1'
!'1\.1
! li<
1'1.
I jli \"
II"
'II
'j':
,I'.
I"~ I)
l J I ifj j'
; i'i ,- t r ,I It' : ,1" ~
";"l,'('il'
;~ 1 i. II ",' 1. ;'1
h t't/.; 'I' '\;1 I T " " "
"-j
I i " , !i' I ,
.
iI, ~ ' III l'
"tll,
II I' .~
'"
, 1,-,
Iii: r I T J,( li/'
,,1""'\1' t I
, _ l'.'l' \I!.
i!1
1\1
':\1,
,
I ,IJ, 1""1
,,'! .',
. ~ ,I " f L I
,'lli'l '.11.'
I , " i' ,
" ,
,
j,j " ,
".' ,1)\1
,
-~..-::;j/' //
i, >A:;;"--...-< 1~
" " ,-' .
--:
if
'.' " ''-,'
I' ,~ 9~
Q~
9~ Q ,
/).,#()~.>1. t'li .' ,
, ,.". J
'.
BETH L. HEISERMAN/
Plaintiff
IN THE COURT OF COMMON PLEAS OF
vs
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-2871 CIVIL TERM
PROTECTION FROM ABUSE
CARMELITA M. LOPEZ/
Defendant
I
II,
AND NOW / this \ I
ORDER OF COURT
day of June, 1996/ upon consideration of
the Praecipe filed in the the above-captioned matter/ the
Temporary Protection Order dated May 23, 1996, is VACATED, and
the hearinq previously scheduled for June 12/ 1996, at 8:45 a.m.
is cancelled.
By the Court,
. ,
J
\
Joan Carey, Esq.
Leqal Services, Inc.
8 Irvine Row
Carlisle PA 17013
Attorney for Plaintiff
_ (''\F'''''' (''''(\~(lrL lc/fJ.!9t&,
Carmelita Lopez
Defendant
I
I'
I
\~H"":\~^SNN~r1 '
,. - ~' , I" 'i""~'n"
,I,!!'!":, ", .,', "rll V
9~ :I\'j~ Z 1;;;11' 55 ,
I' .' "," ~fO
^t.;hJ.l~ I 1\..,1t" '.._ J ,,' JI I.;" J
jJi.:I'::()-(81U
~~ M ~
IE III '.
M .'~:: :;i
r :'1: ) ~. J
:-:1..
l (1- , ,-:)
'.~ 11'_
(' - ';'fa
" ,I'
...., I"
r'::;
Lt.' ~ "I~
"c.
" F ,11 "
~ U) a
CI\
.~NI .saOIAH3S ~YD3~
',{:ny I he.Ill;) UIIO!'
966t P.tT~
84101'1114
~ullpue~.a 'z.ao~ 'W lI~lt.~~II:>
'8h
~~l~Ul.Yd .uvU~..l.H .~ q~.8
W30L ~I^I;) tL8Z-96 'ON