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" , . , . ,. sri' 03 l000tf l<AREN s, GARNER, I I~ THE COURT OF COMMO~ PLEAS OF Petitioner I ~UMBERLAND COUNTY, PE~~SYLVANIA I CIVIL ^CTIO~ ~ LAW v. I 4- I'" "l- I ~O. 96- CIVIL TEltM DAVID W. GARNER, I R.spondGnt I PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER n6. AND NOW, this.J day of September, 1996, upon oonsideration of the within Petition and upon finding that Petitioner and the child of Petitioner are in immediate and p~8sent dange~ of abuse from Respondent, the following Temporary P~otective Order is entered. Respondent is hereby enjoinod from physically abusing Petitioner or the child.or placing them in feAr of imminent , #'Jl -0 ~:.J..llrl~ serious bOdily injul'y and'-ill- -e.....lud"'J ffolll-the residenee -of-.' Petitioner at 517.-b1orth. Mountain _QJJad, Newville, Upper Frallkfo):~L Township, Cumberland county, Pennsylvania 172~~ .R~ from the place of employment of Petitioner at The Frog, switch & Manufacturing company, 600 East High street, Carlisle, Cumberland County, Pannsylvania 17013. Respondent is ordered to refrain from having any direct or indirect contact with Petitioner inclUding, but not limited to, telephone and written communications. Respondent is enjoined from harassing and stalking Petitioner and from harassing Petitioner's relatives. Respondent is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned WAYN/! F. SUAIJI! AIl..n,yall.", solely by Petitioner. 5) Wul pOOlrrrt 51m'1 ('etU.k, l)mn.)'lvani. I lOll WAYNI! F, SHAllI! AlSO",,)' .. I ~w 5) Wr.. Pomfrrt Iitrm ('..U.k, Prnn.~t\'llnla 11011 Petitioner may proceed withQut pre-payment ot toes pending a turther Order atter the hearing. This Order shall remain in ettect until a tinal ~rder is entered in this case. A hearing shall be hold in this matter on .'J.1t{,(llIJ,(a~1 ' the ~ day ot Bepteml:>e~, 1996, at '{o.k g'clook A.M. in Court~oom No. J. , cumberland county r,ourthouse, Carlisle, Pennsylvania. The Pennsylvania state Polioe will be p~ovided with B copy ot this Order by oounsel tor Petitioner and may entoroe this O~der l:>y arrest tor indireot criminal oontempt without warrant upon probable oause that this Order has been violated, whether or not the violation is committed in the p~esence ot a polioe ottioer. In the event that an ar~est is made under this section, Respondent shall not be taken to jail, but shall l:>e taken without unnecessary delay l:>etore the Court which has issued this Order. When the Court is unavailable, Respondent shall be arraigned betore a District Justice who shall set bail according to the provisions ot Chapter 4000 ot the Pennsylvania Rules ot criminal Procedure. J, By the cou,rt, (J ~. )' J. J<o\REN B. Go\RNER, Petitionel:' IN 'rHE coUR't' OF cuMMON PLEA/:! O~. CUMBERLAND COUtI'rV, PEtlNSVLVANIA CIVIL AC'l'ION ~ LAW NO. 96~ '/ ~ "'I CIVIL 'l'ERM PROTECT lOti FROM O\UUSE v. DAVIP W. Go\RNER, Respondent NOTICE YoU haviO been sued in Court. I( you wish to defend against the claims set forth in the following pages, you must take prompt action after service of this Petition, Order of court and Notice are served upon you by appearing personally or by legal counsel at the hearing scheduled by the court and by prosenting to the court your defenses or objections to the claims sot forth against you. You ore warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the pleadings or for any other claim of relief roquustod by the plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE '1'IIIS PAPER '1'0 YOUR LAWYER N1' ONCE, IF YOU DO NO'l' HAVE'" LAWYER OR CANNO'1' "'FFOHD ONE, GO '1'0 OR TELEPHONE 'nIE OFFICE SET FOR'rH BELOW '1'0 FIND OU'1' WIIERE VOU CAN GET LEG"'L HELP. court "'dministrator Fourth Floor Cumberland county courthouse carlisle, Pennsylvania 17013 Telephone: (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 "'mericans with Disabilities "'ct of 1990, For lnformation about accessible facilities and reasonable accommodations available to disabled individuals havinq business before the court, please contact the Court "'dministrator's office as noted above, "'11 arrangements must be made at least 72 hours prior to any hearing or business before the Court, W ^ VNI! F, SH^III! AlWlnty II ,"W HWnll'lXllhdt)lnn l'lIUlk.I'mn.)lunl. 171)1) wa~t; 1"~a~:I;.h,I(z. supreme Court No, 15712 53 West Pomfret street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 "'ttorney for Petitioner WAVNR F. SHAIlI! AItOnK')"I taw llW.........rr<C1llrrd ('arlltk. PrM.)'lvanil J701l KAREN II. OI\RNER, I IN THE COURT OF COMMON PLEI\B OF Peti tioner I CUMBERLI\ND COUNTY, PENNSYLVI\NIA I CIVIL ACTION - LAW V. I I NO. 96- CIVIL TERM DAVID W. OARNERt t Responden / PRO'l'EC'l'I Ol'/ mOM ABUSB PETITION FOR PROTECTIVE ORDER PROTECTION 1. Petitioner KAREN S. GARNER is an adult individual who resides temporarily at an undJ.sclosed locatio.? for her own protection and to avoid further abuse and who is employed by The Frog, switch & Manufacturing Company, 600 East High street, Carlisle, cumberland county, Pennsylvania 17013. 2. Respondent DAVID W. GARNER is an adult individual who resides at 517 North Mountain Road, Newville, Upper Frankford Township, Cumberland County, Pennsylvania 17241, and may be served at his place of employment at Allen Distribution, 670 Allen Road, Carlisle, Cumberland County, Pennsylvania 17013, 3 . Petitioner and Respondent have been married since JunG 16, 1990. 4. The real estate premises in which Respondent is residing sre owned by Petitioner in her name alone and were purchased prior to the marriage of the parties. W.WNI! F. SUM>I! Aaomry at I~w 53 Wnt Pmlfrrt Slrm C.rtl., PC'MJ~IYanil 17011 15. Petitioner is the taK collector far Upper Franktord Township, and the abu.ive oonduct of Respondent is preventing he~ from conduoting the offioe hours of the taK otfice and otherwise PQ~torming her official duties as tax oolleotor. 6. For the past seve~al months and pa~ticularly during the past thirty days, Respondent has attempted to cause or has intentionally or recklessly oaused bodily inju~y to Petitioner or has plaoed Petitioner, by physioal menaoe, in fear of imminent serious bodily injury as a result of the following oonductc (a) When Petitioner asked Respondent to leave her residenoe, he threatened her that, if she were to have him put out of the residence, she would pay for itl (b) Respondent has threatened Petitioner that he will hurt someone close to her which would , include her sixteen year old child from a former marriage who resides with herl (c) Respondent has threatened to kill Petitione~s family petsl (d) On or about August 29, 1996, Respondent kicked Petitione~s do91 (e) Respondent has threatened to gut her oat and hang it on the house to greet Petitioner when she returns homel -2- W^YNI! r, SIMIlI! AItlJmtyIlI.l. 53 Wnt Jlum(rrt f'kmt cuthll, I'nwuyhanla 1701l (f) Ouring the week of August 26, 1996, Respondent threw the telephone at Petitioner while she was holding a hot oup of oOffee, hitting her with the telephone and resulting in her being soalded with the oOffee, and (g) When Petitioner oalled the Pennsylvania state Polioe to have Respondent removQd from her residenoe, the state Polioe ~esponded that they would not take any aotion in the absenoe of an order of Court, thus neoessitating that Petitioner remove herself from her own residenoe tor the p~oteotion of herself and her ohild. 7. Petitioner believes and therefore aVers that she and the ohild will be in immediate and present danger of abuse from Respondent should he be permitted to be at the residenoe owned by Petitioner or at the plaoe of employment of Petitioner and that Petitioner and the ohild are in need of immediate ex parte proteotion from such abuse, WHERBFORE, pursuant to the provisions of the IlProteotion I from Abuse Aot", 23 Pa,C.S. 56101, et seq., as amended, Petitioner prays that your Honorable Court grant the following relief I (a) A Temporary Protective Order requiring Respondent to refrain from abusing Petitioner or placing Petitioner in fear of abuse and requiring Respondent to refrain from abusing Petitioner and -3- W^VNI! F, SIlAIlI! AIlomt)' Il I..w 5] Wtlll'lImfrrt Slwt Caril.k, )'rnnl)'lunla 11011 the child or placing them in fea~ of abuse and ordering Respcndent to stay away from the place of emplcyment of Petitioner, (b) ~he suheduling of a hearing in accordance with the provisions of the "Protection f~om Abuse Act" and, after such hearing, the entry of an order, to be in effect for a period of one year/ requiring Respondent to ~efrain from abusing Petitioner and the child or placing them in fear of abuse, (c) Direoting such further reliof a8 authorized under 56108 of the Act inclUding directing Respondent to pay Petitione~ for reasonable losses suffered as a ~esult of the abuse, inclUding, medical, dental, relooation and moving expenses/ counseling, loss of earnings or support and other out-Of-pocket losses for injuries sustained and reasonable attorney fees, and (d) Such other relief as may be just an~ proper. EXCLUSIVE POSSESSION 8. Tho averments of Paragraphs 1 through 7 inclusive are incorporated herein by referenoe as though fully set forth. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act", 23 Pa.C.S. 56101/ et seq,/ as amended, -4- , KAREN B. GARNER, Pet:! t iotlGr IN 'rUE COURT OF COMMON PLJ!:AB OF CUMBERLAND COUNTY, P~NNBYLVANIA CIVIL ACTION - LAW v. DAVID W. GARNER, Respondent NO. 96-4874 PROTECTIO~ FROM ABUS~ CIVIL TERM PROTECTIVE ORDER AND NOW, this day of September, 1996, upon oonsideration of the consent Agreement of the parties, the following Order is entered I 1. Defendant DAVI~ W. GARBER is ordered to refrain from abusing Plaintiff KAREN B, GARNER and her minor ohild, or plaoing them in fea~ of abuse or threatening them. 2. Defendant is ordered to refrain from harassing Plaintiff, Plaintiff's relatives or Plaintiff's minor child, 3. Defondant is enjoined from entering Plaintiff's place of employment at The Frog, switch & ManUfacturing company, 600 East High street, Carlisle, cumberland county, Pennsylvania 17013 or the schools of Plaintiff's minor child. 4. Defendant is ordered to stay away from the residenoe looated at 517 North Mountain Road, Newville, Upper Frankford Township, cumberland County, Pennsylvania 17241. 5. Defendant is ordered to stay away from allY residenoe Plaintiff may in the future establish for herself, 6. Defendant is ordered to refrain from having any direct or indirect contact with Plaintiff including, but not limited to, telephone and written communications. WAVlIll F, SIfAOI! A.....y..lAW 7, Defendant is enjoined from harassing or stalking 51 w... 1""'-'" filltd Cartblt, PmDJ)'I\'Il'ia 17011 Plaintiff, , WAYM! F. SIlAn~ AIIonIcy oIuw 53 W.... Poo>I", 61/... C.v1.b~. 1~)lnn~ 17013 8. Defendant is enjoined from removing, damaginq, destroyinq 'or selling any property owned juintly by the parties or owned solely by Plaintiff. Defondant may, prior to September 11, 1996, remoVe his personal pruperty from Plaintiff's dwelling and store it in the various outbuildings on the property. Thereafter, he may return to the property at a time that is oonvenient to Plaintiff and after advanco notice and in the oompany of Defendant's brother, Rodney Garner, or a oonstable to remOVe his personal property from the outbuildings. Defendant may not enter the dwelling at any time for any reason. Defendant m~y have until December 31, 1996, to remove his truck from the property of Plaintiff. 9. This Order shall remain in effect for a period of one year. 10. The Pennsylvania state Police will be provided with a copy of this Order by counsel for Plaintiff 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 prosenoe of a police officer. In the event that an a~rest is made under this section, Defendant shall not be taken to jail, but shall be taken without unnecessary delay before the Court which has issued this Order. When the Court is unavailable, Defendant shall be arrniqned before a District Justice who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of criminal Procedure. By tho Court,