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HomeMy WebLinkAbout96-03302 ~ ., ~ ~ ~ f. :--- - .:) .. ~ ti '0 t'C) "l , ~ / { I ! i i , i , i i SHERIFF'S RETURN - REGULAR CASE NO. 1996-03302 P CO""ONWEALTH OF PENNSYLVANIA I COUNTY OF CU"BERLAND GWIRTZ JOAN F' VS. OWIRTZ STEVEN E WESLEY COOK . Sheriff or Deputy Sheriff of CU"BERLAND County, Pennsylvania, who being duly sworn according to law, .ay., the within PROTECTION FRO" ABUSE was served upon GWIRTZ STEVEN E the defendant, at 170~.0~ HOURS, on the ~ day ot June 19~ at 1944 RESERVOIR DR. CARLISLE. PA 17013 .CU"BERLAND County, Penn.ylvania, by handing to STEVEN GWIRTZ · true and atte.ted copy ot the PROTECTION F'RO" ABUSE together with TE"PORARY PROTECTION ORDER AND PETITION and at the .ame time directing ~ attention to the contents thereot. . . Sheriff'. Costs. Docketing Service Affidavit Surcharge 18.00 2.80 .00 2.00 So?~ ~~ ~ H. Thomas ::~ne, ~ri:f:f .:'::':.8l/1 00/00/0000 by Sworn and.subscribe~o betore me this I,)~ day of :u<-<-- 19 q<... A.D. q~. {l-. ~tL.OP. . ~' -rot onotary , ~ ~"~~l"':r," ~~t2 ,)':'~"'., H.. . AT&T "'-';':ff~~,,9\-'1o :""1':~",: "'_~"""l.."".""'~'_ "):J.~.;'~':\~ I : "'~(!~""....f:1~'...p'.\}, ,~'~):'~~,,~ )l~.~: AT&T PAGE 5 717-249-&960 (950) JUNE 13. 1996 CALL 1.eoo.22200300 FOR AT&T BILLING INQUIRIES AND TO ORDER OTHER IERVICES IUCH AI CAROl, LONG DISTANCE SERVICES, ETC. SUMMARY OF CURRENT CHARGES LONG DISTANCE TAXES JUN 03 1996 SEE DETAIL JUN 03 1996 SEE DETAIL ~DTAl CURR~NT CHARG~S AT&T Invoice Cherges Far Period Ending JUN 03. 1996 LONG DISTANCE CHARGES REf DATE TINE PLACE CALLED 19 HAY DI D',ll,DSPH EDDINGTllll PA ID HAY D4 11,I6,ZIAH OIR ASST PA 51 HAY D4 11,I7,06AH fEASTERVL PA IZ HAY DI 01'~I,17PH EDDINGTON PA ~.II HAY DI OZ,ZI,"PH EDDINGTON PA I~ HAY D' DI,Z',IIPH EDDINGTON PA II HAY II O',ZI,"PH EDDINGTON PA 16 HAY IS II,DI,DSPH BUEHA PARK CA 17 HAY I' 0"D7'DIPH EDDINGTON PA M.sI HAY ZD 01,17,17PH EDDINGTON PA I' HAY ZD O~,I"ZIPH SAHAHTONIO TX ~O HAY ZD O~,I',IZPH SANAHTONIO TX ~1 HAY Z~ 10,BI,D4PH EDDINGTON PA ~Z CALL COHTIIMiO AT OCP RATE ~I HAY ZI 10,ZI,IIPH EUDINGTON PA ~~ CALL COHTIIMiD AT OCP RATE ~S HAY II OI,~,saAH SHAHDKIH PA 717-64&-0061 < Cells Eligible far AT&T True Reech (SMl. tuIIER CALLED 21S-Z~S-6171 21S-ISS-IUZ 21S-IZZ-St.~Z 21S-Z~S-6171 21S-Z~S-6171 21S-2~S-6171 21S-Z~S-6171 71....._~4ae 21S-Z4S-6171 US-Z4S-6171 21o-Z85-5507 21o-ral-5507 21S-24S-6171 fROH PLACE fROH NUHBER CODE AE AD AN AE AD AE AE AN AE AD AD AD AE H AN H AE H AN H AD 21S-Z4S-6171 SUBTOTAL LONG DISTANCE CHARGES OPTIONAL CALLING PLAN DETAIL AT&T True Reech (SMl Summery Tatel Cells Eligible far True Reech Cells Tatel Eligible for Discount Cherges for AT&T True Reech CSMI 7&.91 Disc a 25~ 7a.91 NGTE, You hay. saved 19.73 with AT&T True Reech CSMl Sevings this month. . f;; "". HIN Z . . 4 . 17 . 67 . 55' B . IS . 52' 1 . 1 . 1 . 7 . 14 . IS ( 16 ( 52( 59.1& 5.33 84.51 AHCUn' .~O .75 .10 3.40 20.10 7.00 1.60 15.60 6.ItO .10 .ra .ZI 1.40 Z.IO 7.00 3.Z0 9.60 .00 59.1& 59.1& CONTINUED ON BACK OF TNIS PAGE eAM Page 23 of 25 215 245-6171"992 70Y JunB 10. 1996 No. Oat. Time Call tVD8 PlicA Numbllr 1 HeY 20 1:02PM Day To CARLISLE PA 717 249-8960 2 M.y 20 1:03PM Day To MECHANCSDO PA 717 790-0734 3 Hey 20 1:48PM Dav To CARLISLE PA 717 249-8960 4 May 21 2:16PM D.y To PERRIS CA 909 943-2023 5 M.y 24 5:12~M Ev.nlng To PDUGHKEPSI NY 914 454-7544 6 M.y 26 11:40AM Nlte/wknd To LAKEHGGD NJ 908 928-2000 7 M.y 26 11:45AM Nlte/wknd To LAKEHOGD NJ 908928-2000 8 M.y 27 11:22PM Nlte/wknd To CARLISLE PA 717 249-8960 i 9 M.y 29 4:25PM To DIR ASST IL 708 555-1212 ! 10 M.y 29 10:36PM Evening To CARLISLE PA 717 249-8960 . C.II continued night rat. 11 Mey 30 12:56PM Day To MERCHANTVL NJ 609 663-9108 12 Jun 2 9:30PM Evening To CARLISLE PA 717 249-8960 < C.1Is Eligible far AT&T Tru. 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GWIRTZ, Dsfendant TZMPORARY PROTECTION ORDZR ,1, AND NOW, this ,:' day of June, 1996, upon presentation and consideration of the within petition, and upon finding that the plaintiff, JOAN F. GWIRTZ, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, STEVEN E. GWIRTZ, the following Temporary Order is entered. Law enforcement agencies and human service agencies shall not disclose the presence of the plaintiff in the jurisdiction or furnish any address, telephone number, or any other demographic information about the plaintiff except by further Order of Court. The defendant, STEVEN E. GWIRTZ, SSNI17J-40-4850 and 00BI6/19/49, now residing at 1944 Reservoir Drive, Carlisle, Cumberland county, Pennsylvania, is hereby enjoinerl from physically abusing the plaintiff, JOAN F. GWIRTZ, or placing her in fear of abuse. The defendant is excluded from the residence located at 1944 Reservoir Drive, carliele, cumberland county, Pennsylvania, a residence which is leased in the defendant's name, but which has been the marital residence for the past eight years of their eight~en year marriage. The d~tendant is ordered to refrain trom having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined trom harassing and stalking the plaintitf and from harassing the plaintiff's relatives. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or ownsd solely by the plaintiff. A violation of tbis Order may subject tba detendant tOI i) arre.t under 23 Pa. C.8. 5'113; ii) a private oriminal complaint under 23 Pa. C.8. 5'113.1; iii) a cbarge of indireot criminal contempt under 23 Pa. C.8. 56114, punisbable by imprisonment up to six montbs and a tine of $100.00-$1,OGO.OO; and iv) civil contempt under 23 Pa. C.8. 56114.1. aesumption ot co-re.idence on tbe part ot tbe plaintift and dafendant 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. A hearing shall be held on this matter on the June, 1996, at _l( t'1) /1 .m., in Courtroom NO.s , v County Courthouse, Carlisle, Pennsylvania. ....,;;IJ{..J ;~!... day of Cumberland 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 of fees, but service may be accomplished 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 appropriate Police Departments in the areas where the plaintiff lives and works shall be provided with certified copies 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 ths 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. S 6113). JUdge .----...-,,-... JOAN r. GWRITZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96- CIVIL TERM STEVEN E. GWIRTZ, Defendant PROTECTION FROM ABUSE HOT I C I You have been sued in court. If you wish to defend against the claims Bet 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 Bet 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 for 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. rSls 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 should take this paper to your lawyer at onoe. If you do not hava a lawyer or oannot afford one, go to or telephone ths offioe set forth below to find out where you oan get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 ANIRICANS WITH DISABILITIES ACT OF l~~O 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. JOAN F. GWRITZ, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-.3 ~".LcIVIL TERM PROTECTION FROM ABUSE STEVEN E. GWIRTZ, Defondant PETITION rOR PROTECTION ORDER RELlEr UNDER THE PROTECTION rROH ABUSE ACT, 23 P.S. S '101 .t ..q. A. ABUSE 1. The plaintiff, JOAN F. GWIRTZ, is an adult individual whose permanent residence is 1944 Reservoir Drive, Carlisls, Cumberland County, Pennsylvania 17013. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 3. The defendant, STEVEN E. GWRIRTZ, SSN:173-40-4850 and DOB:6/19/49, is an adult individual residing at 1944 Reservoir Drive, Cumberland county, Pennsylvania, 17013. 4. The dofandant is the husband of the plaintiff. 5. since approximately 1978, 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 June 2, 1996, the plaintiff returned home after leaving for the weekend due to an incident of threats and physical abuse. The defendant yelled obscenities and harassed the plaintiff, raised his hand and swung it at the plaintiff who moved to avoid being hit. The defendant then lunged at the plaintiff attempting to grab her by the throat and threatened her. In order to avoid further abuse, the plaintiff moved backwards and ran around him to her bedroom where she picked up the phone, telling the defendant that if he hurt her, she would call 911. The defendant paced back and forth in front of the plaintiff's door, yelling at her for approximately an hour, causing the plaintiff to fear for her safety. b. On or about May 31, 1996, the defendant, who was angry at the plaintiff, came in the room where the plaintiff was talking on the phone, screamed at her, grabbed the phone from her causing the phone cord to wrap around her neck, and threw the phone to the floor. The plaintiff, fearing for her safety, did not leave the room for the night. c. In or around the beginning of May 1996, the defendant grabbed the plaintiff by the throat, applied pressure, and threatened the plaintiff saying, "I could kill you." When the plaintiff told the defendant he would go to jail if he hurt har, the defendant jerked the plaintiff away from him. d. In or around the beginning of April 1996, the defendant yelled obscenities at the plaintiff, pushed her onto the bed on her back, grabbed her by the throat, and repeatedly shook her head while telling her that he could kill her. e. During the course of the parties' relationship, the defendant has abused the plaintiff in ways including, but not limited to, the following: kicking the plaintiff in the legs with steel-toe boots, choking, grabbing, pushing, punching, restraining, and threatening the plaintiff. 6. On or about June 3, 1996, the plaintiff left her residence at 1944 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home without the defendant's exclusion, and that she is in need of protection from such abuse. 8. 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. 9. The plaintiff desires that the defendant be enjoined from harassinq and stalkinq the plaintiff, and from harassinq the plaintiff'S relatives. 10. The plaintiff desires that the defendant be enjoined from ramovinq, damaqinq, dastroyinq or sallinq any property owned jointly by the parties or ownad solely by the plaintiff. B. BXCLU8IVB P088B88ION 11. The home from which the plaintiff is aSkinq the Court to exclude the defendant is rented in the name of the defendant, but haa been the marital residence for the past eiqht years of the their eiqhteen year marriaqe. C. SUPPORT 12. The defendant has a duty to support the plaintiff. 13. The plaintiff is in need of financial support from the defendant includinq, but not limited to: health insurance coveraqe, payment of unreimbursed medical expenses for the plaintiff, the rent payment on the residence at 1944 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania. 14. The defendant is employed at the Carlisle Barracks Optometry Clinic, and has annual salary of approximately $05,000. 15. The plaintiff currently has no income. 16. The plaintiff intends to petition for support within two weeks of the issuance of a Protection Order. D. RBINBURBZNBNT rOR COST or CAS! 17. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse ona 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 Jl.t AG./ 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 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 removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 5. Granting possession of the home located at 1944 Reservoir Drive, Carlisle, 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 I 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 abllse. 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 removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the home located at 1944 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may in the future establish fur herself. 7. Granting support to the plaintiff in the amount of $625.00 per week payabl& to the plaintiff in the form of a check or money order, mailed to her residence, and ordering the defendant to provide health coverage to the spouse, directing the defendant to pay all of the unreimbursed medical expenses of the plaintiff of the defendant to the provider or to the plaintiff when she has paid for the medical treatment and directing the defendant to make or continue to make rent payments on the residence of the plaintiff. 8. Ordering the defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. 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 appropriate Police Departments in the areas where the plaintiff lives and works who have jurisdiction to enforce this Order. proper. The plaintiff prays for such other relief as may be just and Respectfully sUbmitted, --1/'\ oan Carey Attorney for Pla iff LIQAL SIRVICIS, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 , The above-named plaintiff, JOAN GWIRTZ, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made sUbject to the penalties of 18 Pa. C.S. 64904 relating to unsworn falsification to authorities. Date: &.~~/;; ( I ;.. j. P:~ J n Gwirtz, Plainti f' " " " I " ., , r l' r . " , ! , . Ii , i ..... . , I i!; <'I c:; , i~ Co;' 5o~ t!~:! )..i11 '? ~i!: .- .~J~r.. t: ,:;i C) N -".. E :. . (f) ) -, 4_ ~lJ,: ._~ u:~, C.: ::jfE F' -" -, ~'5 II. toO 0 (b U 7. 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 in the same manner as the Court's prior Temporary Protection Order entered in this case. 8. This Order may sUbject the defendant to: i) arrest under 23 Pa. C.S. 66113; ii) a private criminal complaint under 23 Pa. C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa, C.S. 66114, 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. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 9. The appropriate Police Departments in the areas where the plaintiff lives shall be provided 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 /""ll'"':J C~.. ,.~ ;",'. ~O;.;::CI: i . 1 "":''''(IT'''''( 1"-;'.'.1 , ~, ~. /. ..;': ',., "7)' '~I\u:";"'l\\:..,r":t-I" '..Iw" ~ t .:.t ..i- f , J I Q 1f ; \ I -r\ t .1 J r' ':'J , I: 1\1 'I , I. I :',: J: r'" .....