HomeMy WebLinkAbout96-04573
The delendant is enjoined from entering the school of the minor ehild
A violation of this Order may subject the defendant to: i) arrest under 23 Pa. C.S.
~6I1J; ii) a private criminal complaint under 23 Pa. C.S. ~6I1J.I; iii) a charge of indirect
criminal contempt nnder 23 Pa. C.S. ~6114, pnnishable by imprisonment np to six months
and a fine of $100.00-$1,000.00; and iv) civil contempt nnder 23 Pa. C.S. ~6114.1.
Resnmption of co-residence on the part of the plaintiff and defendant shall not nullify the
provisions of the conrt order.
This Order shall remain in etlect until modified or terminated by the Court after notice or
hearing and, can be extended beyond that time. 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 hann to
the plaintiffs minor child.
A HEARING SHALL BE HELD ON THIS MATfER ON THE / q&: DAY
OF AUGUST, 1996, AT (/.0(1 A .M., IN COURTROOM NO..-!:L-,
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
The plaintiff may proceed without pre-payment of lees pending a further order after the
hearing.
The Cumberland County Sheriffs Department shall attempt to make service at the plaintiffs
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 SheritHor
service. The Prothonotary shall not send a copy of this Order to the defendant by mail.
The Pennsylvania State Police and the Carlisle Police Department will be provided with
certified copies of this Order by the plaintifl'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 ollicer. 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 P.S. 96113).
By the Court,
7~Ji
Judge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
SHARON COYLE,
Plaintiff
on behalf of her minor child,
PEGGY ANN RUSSELL,
v.
OWEN EDWARD JENKINS,
Defendant
. IN TIlE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYL VANIA
. NO. 96-
CIVIL TERM
. PROTECTION FROM ABUSE
NOTICE
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 lurther 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.
FEES 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 once. If you do not have a lawyer or
cannot afford one, go to or telephone the office set forth below to find out where you can
get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 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, You must attend the scheduled conference or hearing.
SHARON COYLE,
Plaintill.
on behalf of her minor child,
PEGGY ANN RUSSELL.
v.
OWEN EDWARD JENKINS,
Defendant
, IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: NO. 96- L/ 5' I JJ
CIVIL TERM
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION ORDER
RELIEF UNDER THE PROTECTION FROM ABllSE
ACT, 23 P.S. !l6101 et seq.
A. ABUSE
I. The plaintiff. Sharon Ann Coyle. is an adult individual residing at 3696 Ritner
Highway, Newville, Cumberland County, Pennsylvania 17241. The plaintiff brings this action on
behalf of her minor child, Peggy Ann Russell, who resides with her.
2. The defendant, Owen Edward Jenkins, (SSN: I 77-32-801 6)(DOB: 2/21/41), is an
adult individual residing at 149 North Pitt Street, Carlisle, Cumberland County, Pennsylvania,
17013.
3. The defendant is the step-grandfather of the minor child.
4. Since approximately January, 1994, the defendant has sexually abused the plaintiffs
minor child, and has knowingly engaged in a course of conduct or repeatedly committed acts
toward the minor child under circumstances which have placed the minor child in reasonable fear
of bodily injury. This has included. but is not limited to, the following incidents of abuse:
a) In or about November, 1995, the defendant was arrested and charged with
indecent assault as a result of his contact with the minor child. The defendant pled
guilty to the charges on July 23, 1996 (COMMONWEAL TI-I v. JENKINS, No. 96-
0204/95-2137, CR Term), the sentencing hearing is scheduled on September 17, 1996.
The defendant remains free on bail having been released on his own recognizance after
arrest with no conditions of bail listed restricting his contact with the minor child.
b) Until recently, the plaintiff' thought that the defendant was restricted from
having any contact with her minor child. The plaintiff fears for her child's safety.
c) The minor child fears that the defendant may try to harm her in retribution for
filing charges against him, she has recurring nightmares several times a week in which
the defendant breaks into her family's home and tries to harm her and her 2 year old
sister and 4 year old brothcr as she tries to protect them. As a result of her fears and
nightmares. the minor child has bccn unable to sleep comfortably in her own home
often staying at other family members' homes. In addition, she is fearful to go out in
her family's yard because the defendant maintains a garden on adjacent property and
she is fearful of his presence; the defendant has waved to the minor child when driving
by her home, and he has told his daughter, the minor child's step-mother, to tell the
minor child that he says hcllo to her which causes her to fear.
5. The plaintiff believes and therefore avers that her minor child is in immediate and
present danger of abuse from the defendant and 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 s minor child including, but not limited to, telephone and written
communications.
7. The plaintiff desires that the defendant be cnjoined from harassing and stalking the
plaintiff s minor child and from harassing her relatives.
8. The plaintiff desires that the defendant be restrained from entcring her minor child's
schoo\.
B. EXCLUSIVE POSSESSION
9. The home from which the plaintilT is asking the Court to order the delendant to stay
away from is rented in the name of Sharon Ann Coyle and the defendant has never resided there.
C. REIMBURSEMENT FOR COST OF CASE
10. The plaintiff asks that the defendant be ordered to pay $250.00 to Cumberland
County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating
this case, and that the defendant be assessed the $25.00 surcharge and any court costs if the case
goes to hearing.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7,
1976, 23 P.S. S 610 I ~ seq., 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:"
I. Ordering the defendant to refrain from abusing the plaintiff's minor child or
placing her in fear of abuse;
2. Ordering the defendant to refrain from having any direct or indirect contact
with the minor child including, but not limited to, telephone and written
communications;
3. Ordering the defendant to refrain from harassing and stalking the minor child
and from harassing her relatives;
4. Prohibiting the defendant from entering the minor child's school, and
5. Ordering the defendant to stay away from the plaintiffs residence located at
3696 Ritner Highway, Newville, Cumberland County, Pennsylvania, where the
minor child resides, and ordering the defendant to stay away from any residence
where the minor child 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 tor a period of one year:
I. Ordering the delendant to retrain from abusing the plaintiff's minor child or
from placing her in fear of abuse.
2. Ordering the defendant to refrain from having any direct or indirect contact
with the minor child including, but not limited to, telephone and written
communications,
3. Ordering the defendant to refrain from harassing and stalking the minor child
and from harassing her relatives.
4. Prohibiting the defendant from entering the minor child's school.
5. Ordering the defendant to stay away from the plaintiffs residence located at
3696 Ritner Highway, Newville, Cumberland County, Pennsylvania, where the
minor child resides, and ordering the defendant to stay away from any residence
the minor child may in the future establish for herself.
6. The plaintiff asks that the defendant be ordered to pay $250.00 to Cumberland
County, one of Legal Services, Inc.'s funding sources as reimbursement for the
cost oflitigat;ng this case and that the defendant be assessed the $25.00 surcharge
and any court costs if the case goes to hearing.
The plaintiff further asks that this Petition be filed and served without pre-payment of fees by
the plaintiff, and that certified copies of this Petition and Order be delivered to the Pennsylvania
State Police and the Carlisle Police Department who have jurisdiction to enforce this Order.
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 170] 3
(717) 243-9400
The plaintiff prays for such other relief as may be just and proper.
Respectfully submitted,
/' Ii)
Jt- ~vlJ ~VU(/-;I
(To;;-n Carey /I
Attorney for Plaintiff
The above-named plaintiff. Sharon Ann Coyle, verifies that the statcmcnts madc in thc abovc
Petition arc true and correct. The plaintiff undcrstands that false statements herein are made subject
to tile penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities.
, , '
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Sharon Ann Coyle, Plain( f
on behalf of her minor child, Peggy Ann Russell
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Pegg Ann Russell
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CAS~ NU: 1~~~-0151~ P
CIJMMUNWr:AI,Tfl OF 1'~;NNSYLVANjA:
I;IJIINTY IJF r;UMHI':RLAND
CIJYU: SflAf<UN
VS.
J~NKINS UWEN ~DWARD
K~NN~TH ~. GUSS~RT
, Sher1ff or Deputy Sher1ff of
CUMBERLAND County, Pennsylvania, who be>ng duly sworn accord>ng
to law, says, the within PRon;CT rUN FROM AlJUS~: was served
upon J~NKINS OWEN ~DWAf<D
defendant, at 104:,:00 HOURS, on the 16th day of Auoust
19'36 at 14'3 NORTH PITT STR~ET
CAf<USLI::, PA 1'1013 .' CIJMBERLAND
County, Pennsylvan>a, by hand>ng to UWEN JENKINS
a true and attested copy of the I'RUTI';CT [rJN FRIJM AHUSr;
toqether wi th TI;;MPUf<ARY PROn;CT ION IJfWI::R, PET IT [UN AND NOTrCI::
and at the same time dlre1::tinq Hi::; attention to the contents thereof.
the
Sheriff's Costs:
Docketing
Service
Affidavi t
Surcharge
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2.00
~jo answ~~:-,. ~>;/ /./
r~..---"'-, 1~-----e
l~. I homas K11ne, Sher11~
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by
Sworn and subscribed to before me
this ,U,'-1( day of O"";)"_J-
19 qt,. A.D. .
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SHARON ANN COYLE,
PlaintilT
on behalf of her minor child,
PEGGY ANN RUSSELL,
, IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
v,
OWEN EDWARD JENKINS,
Defendant
. NO, 96-4573 CIVIL TERM
. PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this 2[/' day of August. 1996, upon consideration of the attached Motion
for Continuance, the matter scheduled for hearing on August 19, )996, at 8:45 a.m. by this
Court's Order of August 15, 1996, is hereby rescheduled for hearing on OCTOBER 3, 1996, AT
9:00 A.M., in Courtroom No, 4.
The Temporary Protection Order shall remain in elTect for a period of one year or until
further Order of Court
By the Court,
Certified copies of this Order for Continuance will be provided to the Pennsylvania State
Police and the Carlisle Police Department by the plaintitl's attorney.
Joan Carey
_,yY LEGAL SERVICES,INC.
eP~ r, Attorney for PlaintilT
ty1~ Owen Edward Jenkins
,,\}6\ J Defendant
~p.W
- .' I
SHARON ANN COYLE,
Plaintill.
on behalf of her minor child.
PEGGY ANN RUSSELL,
v,
OWEN EDWARD JENKINS.
Defendant
, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
, NO, 96-4573 CIVIL TERM
, PROTECTION FROM ABUSE
MOTION FOR CONTINlIANCE
The plaintiff moves the Court for an Order rescheduling the hearing In the above-
captioned case on the grounds that:
I. A Temporary Protection Order was issued by this Court on August 15. 1996,
scheduling a hearing for August 19. 1996. at 8:45 a.m
2. The Cumberland County Sherin's Department served the defendant with a certified
copy of the Temporary Protection Order and Petition for Protection Order on August 16, 1996,
at 10:45 a.m. at 149 North Pitt Street, Carlisle, Cumberland County, Pennsylvania,
3. The defendant indicated to Legal Services, Inc, on August 19, 1996, that he
desired legal representation in this matter and the plaintit1. and Legal Services, Inc. agreed that the
hearing be rescheduled to afford him time to retain counsel.
4. The plaintiff requests that the Temporary Protection Order remain in effect for a
period of one year or until further Order of Court.
5, Certified copies of the Order for Continuance will be delivered to the Pennsylvania
State Police and the Carlisle Police Department by the attorney for the plaintiff.
WHEREFORE, the plainti!f requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection Order remain in effect for a period of one
year or until further Order of Court,
Respectfully submitted.
" Ie,
)ZLz't_ ,,/ ~t/IL'~J__'
an Carey, Attorney for' laintiff
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SHARON ANN C0YLE,
Plaintifl.
on bchalf ofhcr minor child.
PEGGY ANN RUSSELL,
iN TilE COURT OF COMMON PLEAS OF
, CUMBERLAND COUNTY. PENNSYL VANIA
v,
OWEN EDWARD JENKINS,
Dcfcndant
NO 96-1573 CIVIL TERM
, PROTECTION FROM ABUSE
PROTECTION ORDER
AND NOW. this 3""' day of Octobcr. 1996, upon considcration of the Consent Agr~'Cmcnt
ofthc partics, the following Ordcr is cntcrcd
I. Thc dcfendant, Owcn Edward Jenkins. is cnjoincd from physicalfy or sexually abusing
the plaintitfs minor child, Pcggy Ann Russcll, or trOll1 placing hcr in fcar of abuse
2. Thc dcfendant is cnjoincd from having any dircct or indirect contact with the plaintitfs
minor chifd including, but not limit cd to, tclcphonc and writtcn communications,
3. The dcfcndant is ordcrcd to rcfrain from harassing and stalking the plaintitf s minor
child.
4. Thc dcfcndant is prohibitcd from entcring the minor child's school and placc of
employmcnt.
5. Thc dcfcndant is ordcrcd to stay away from thc plaintiffs residencc locatcd at 3696
Ritner Highway, Newvillc, Cumbcrland County, Pcnnsylvania, wherc thc minor child livcs with hcr,
and is ordered to stay away from any rcsidcncc thc minor child may in thc futurc cstablish for herself
6. Court costs and fees arc waived,
7. This Order shall rcmain in cflect for a period of onc (I) year and can bc cxtended
bcyond that time if the Court finds that the defendant has committcd an act of abuse or has cngaged in
a pattern or practice that indicates risk of haml to the plaintitrs minor child 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 subjl'Ct the delendant to, i) arrest under 23 Pa C S ~6113. ii) a private
criminal complaint under 23 Pa,CS, ~6113,I; iii) a charge of indirect criminal contempt under 23
PaCS ~61 14, punishable by imprisonment up to six months and a fine of$JOOOO-$I.OOOOO; and iv)
civil contempt under 23 Pa, (' S ~61t4 I
9, The Pennsylvania State Police and the Carlisle Police Department shall be provided
with certified copies of this Order by the plaintiffs attorney and may enforce this Order by arrest lor
indirect criminal contempt without warrant upon probable cause that this Order has been violated,
whether or not the violation is committed in the presence of thc police oflicer, In the event that an
arrest is made under this section, the defendant shall be taken without unnecessary delay before the
court that issued the order. When that court is unavailable, the defendant shall be taken before the
appropriate district justice. (23 Pa C'. S. ~6 I 13).
Joan Carey
LEGAL SERVICES.INC'. ')"""- c../...,.., '"'' .,
. U~<.,. ,,"_L'. OJ
Attorney lor PlaintilT
Owen Edward Jenkins. Defendant "'", ..,-I ':'/,'f ,.: ,: ',,-
149 North Pitt Street
Carlisle, P A 17013
casc,
7. The dcfcndant undcrstands that thc Protection Ordcr cntercd in this mattcr will bc
in effcct for a pcriod of one ( I) ycar and can be cxtcndcd beyond that timc if thc Court finds that
the dcfcndant has committed an act of abusc or has engagcd in a pattcrn or practicc that indicatcs
risk of harm to thc plaintiffs minor child Thc dcfendant undcrstands that this Ordcr will bc
cnforceable in thc same manncr as thc Court's prior Tcmporary Protcction Ordcr cntcrcd in this
8. Violation of the Protcction Ordcr may subjcct thc defcndant to: i) arrcst under 23
Pa.C.S. 96113; ii) a private criminal complaint undcr 23 PaC.S, 96113,1; iii) a chargc ofindircct
criminal contempt under 23 Pa,C.S. 96114, punishablc by imprisonment up to six months and a
finc of$IOO.OO-$ I ,000.00; and iv) civil contempt under 23 PaC.S. 96114, I.
WHEREFORE, thc parties requcst that a Protection Order bc entercd to reflect the above
terms.
Jk~(]. I~J:,
Sharon Ann Coyle, lamuff
on behalf of her Minor Child
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nn Russell, Minor Child
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Owcn Edward Jcnkins, Dcfendant
r Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle. PA 17013
(717) 243-9400