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HomeMy WebLinkAbout96-03559 ~ \. " ~ . ~ ~ \.. ~ '" ~ '" ~'.._- .' ,~,... ." (' \. ~ - . . .,:) cl ~ \0 \.c) 0() I I . " <:t; i AMY MILLER, Plaintif f IN THE COURT OF COMMON PLEAB OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-35ti9 CIVIL TERM PROTECTION PROM ABUS~ v. DAVID MILLER, Defendant CONSENT AGRBBHBNT This Agreement is entered on this .;,:yr/ day of July, 1996, by the plaintiff, AMY MILLER, Bnd tho defendant, DAVID MILLER. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is represented by Matthew Eshelman, Attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, DAVID MILLER, agrees to refrain from abusiog the plaintiff, AMY MILLER, or placing her in fear of abuse. 2. The defendant agrees not to harass or ~talk the plaintiff or the plaintiff's relatives. 3. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 4. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) year and can b~ 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 (-.; '. ,'J /. I' r " Itl1 l , r J- , H::'. , '.. , ll~; i .j [I' ' .~ .r;j ~ ."" I :>~ ~-j, ;:.. r' "J I. ~< LL " t.(~ <.. (j\ . , " AND NOW, t h j s (1.'M FOB b day , GQNTJNUMCI; of July, 1996, upon consideration of the attached Motion for Continuance, the hearing scheduled for July 3, 1996, in Courtroom No.3, of the Cumberland County Courthouse, Carlisle, Pennsylvania, has been continued until July 23, 1996, at 1:30 p.m. The Temporary Protection Order of June 27, 199ti, remains in effect for one year or pending further order of Court. Certified copies of this Order for Continuance will be provided to the Mt. Holly Springs and Carlisle Police Departments by the plaintiff's attorney. By the Court. Joan Carey Attorney for Plaintiff J . I' I':, '.. '-I "', ., (, , " . ') , ., '. J I, , , 'I ,... ."l '.1 } . ,..., Matthew Eshelman Attorney for Defendant .... ,,", r,: \'; I: " "'i u,,'. ~ , <" lit .,,-: "I I', ''OJ ,1'1 ,,:;. ."'\' JrjJ LI' /.1 Ci, ' r d... I I' i " 0 ') C.l '.' , . The defendant is ordor~d to rofrain from having nny di~ect or indirect contact with tho plaintiff including, but not limited to, telephone and written communications. The detendant 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 jointly by the parties or owned solely by the plaintiff. A violation of this Order may subjeot the defendant tal i) arrest under 23 Pa. C.S. 56113r ii) a private criminal complaint under 23 Pa. C.S. 56113.1r iii) a charge of indirect criminal contempt under 23 Pa. ~.S. 56114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00r and iv) civil oontempt undQr 23 Pa. C.S. 56114.1. Resumption of co-residenoe on the part of the plaintiff. and defendant shall not nullify the provisions of the 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. A hsarin9 shall be held on this matter on the ~~{ day of July, 1996, at (j 'I') jJ .m., in Courtroom No.-.i., cumberland county Courthouse, carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland county Sheriff'a Department shall attempt to make service at the plaintiff's requost 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 oft ice of the Prothonotary and forwarded to the SherJ.ff for service. The Prothonotary shall not send a copy of this Order to the defendant by md 1. 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 allY law enforcement agency where a v iolation occurs by arrest for indirect crimin~l 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 ~hat an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the AMY MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMDERLAND COUNTY, PENNSYLVANIA NO. 96- l~q CIVIL TERM PROTECTION FROM ABUSE DAVID MILLER, Defendant PITITION FOR PROTECTION ORDER RILIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 P.S. S 6101 et seq. A. ABUSB 1. The plaintiff, AMY MILLER, is an adult individual whose residence is 427 N. Walnut street, Mt. Holly Springs, Cumbe~land county, Penr.sylvania 17065. 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, DAVID MILLER, SSN:UNKNOWN and DOBI9/30/67, is an adult individual residing at 427 N. Walnut street, Mt. Holly springs, Cumberland County, Pennsylvania, 17065. 4. The defendant is the husband of the plaintiff. 5. Since approximately 1995, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plainitiff 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 inoluded, but is not limited to, the following specific instances of abusel a. On or about June 17, 1996, the defendant, while the parties were in the defendant's vehicle, grabbed the plaintiff by the neck and repeatedly shook her head. He also feigned punches at the plaintiff, stopping his fist with his other hand but brushing the plaintiff's cheek with his fist, frightening the plaintiff. He then came over to the passenger side of the vehicle and wrenched the plaintiff out of the truck. The defendant pulled the plaintiff from the truck and threw her approximately four feet into pine trees, causing the plaintiff to skid across the curb, scraping her arm and bruising her hip and knee. The defendant drove away and the plaintiff walked home and locked the door. The defendant returned to the home several minutes later and poundod on the door demanding to be let in or he would finish her off. Fearing for her safety if she did not open the door, the plaintiff let the defendant in. Later, the detendant called her from work and told her that he was going to get drunk or kill somebody, causing the plaintiff to fear for her safety. Several days after this incident, the defendant told the plaintiff that if she would have gotten up after he threw her, he would have destroyed her. b. On or about December 6, 1996, the defendant pushed the plaintiff from behind with such force that she skidded across a hardwood floor. The plaintiff suffered a black eye, swelling, and pain to her face. c. On or about Labor Day weekend 1995, the defendant threw the plaintiff to the floor, bruising her knees, and kicked her in the hip. d. Whenever the defendant is angry at the plaintiff, he constantly threatens to beat up the plaintiff, tells her to stay away from him because he has a gun, admits that he loses complete control and will "mow" her down, and threatens that if she doesn't go away, he will make her go away. The plaintiff is fearful for her safety. 6. On or about June 21, 1996, the plaintiff and her child left their residence at 427 N. Walnut street, Mt. Holly Springs, 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 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 the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 12. The home from which the plaintiff is asking the Court to exclude the defendant is owned ill the names of Amy and David Miller. 14. The plaintiff desires possession of the home so as to give the greatest degree of continuity to the life of her child and to allow him to continue his social activities. C. RBIHBU~NT FOR COST OF CASB 15. 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 direct or indirect contact with the plaintiff including, but not limited to, telephone and writt~n communications, 3. Ord~ring 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 jointly owned by the parties or owned solely by the plaintiffr 6. Granting possession of the home located at 427 N. Walnut street, Mt. Holly springs, Cumberland county, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herselfl B. Schedule a hearing in accordance with the provisions of the "Protention from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one yeart 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 jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the home located at 427 N. Walnut street, Mt. Holly Springs, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself.