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HomeMy WebLinkAbout96-05126 \.. ~ c: ~ ~ ~ . ~ ).l tJ o ~ ~. ....... '0,) ~ ~I , . ~i the door olT of its hinges. began shaking the door. and bent the screen door in his allemptto gain entry to the house The defendant then went to the sliding glass doors at the back of the house and kicked the glass door several times. Fearing for her safety and that of her two daughters. the plaintiff telephoned 911 for help. then locked herself and her daughters in their room and wedged a chair under the door knob. When the defendant saw the Carlisle Police arrive. he 11ed. but the police apprehended him and lKhised him not to return to the plaintilf s residelK:e b) In or about late July, 1996. the defendant yelled at the p1aintilf. shoved the plaintiff to the ground, threatened to kick her in the head and threatened her saying. -I'm going to beat the shit out of you" The plaintiff feared for her saftety c) On or about September IJ, 1995. after an argument "ith the defendant.. the plaintiff took her l\\oO daughters and left the residence to avoid abuse When she returned to the residence \\1th the children. the defendant.. who had also left. returned The defendant pounded on the doors and \\iI1do\\os repealedly after the plaintiff refused to let him int(lthe house and threatCll\'d to make her "pay" for Ioding the door The plaintilf. fearing for her sakt\. and that of her children. tekphooed the defendant.s brother. \\110 ami! to the ,~"t ani ren1O\\.'d the defendant In the~. ~ houn ofSqumber 14. 1995. the defendant retumed kl the pbintitf 5 ~'l:. and \"llUlllkd ~~ on the doon and \\indo\\~ ;;'..~\.;..J the \\ftkl\\ Iatdl and pIllOO C'lllr'\ to the !lOllW tin. a "ll\.-hen ",ftttl\\ The ddi:ndant pAtkld the ttlq'h_ fu'oll'l dw ptamntf ~ sIw \\B c~ b JIl"'l: 1W'llanl.'t'. anll~ the I~_ 10 tlw l\lllf rhe plaiMd' f1I'llh'oll'l the ~" and telephoned the defendant's mother from a telephone booth The defendant's mother and brother returned to the residence with the plaintiff 50 she could get her children and leave When the defendant saw the p1aintilf. he drew back his fist in a threatening manner and only dropped his arm "hen his mother intCIVCIl\'d. Once outside the residence the defendant smashed the \\indshield of the plaintiffs vehicle \\ith his fist. went up on the porch \\here the plaintiff was telephoning the police. threw the telephone onto the concrete porch smashing it. and pushed the plaintiff on her shoulders causing her to stumble back ward The defendant fled when he saw the police aniv'e d) From appro'limately July 12.15. 1995. the defendant grabbed the plaintiff by her arms. and pushed and shoved her about The pIaintilf sustained bruising and soreness about her arms as a result of these incidents e) On or about July II. 1995. the d\.-fendant grabbed the plaintiff by her neck. shov-cd her in the chest. and grabbed her by her arms repeatedly The plaintiff sustained bruising about her na:k. chest and arms B a result of this incident o In or about Spring. 1994, the defendant grabbed the plaintiff by the hair and IiIammcd her face against the \\ooden l\JOlboard ofher bed The plaintiff!lUStaincd ~ brui5ed and s\\uIlm ~'CS. a Ik-eration on her lip. and a bloodied IlO5e B a result of this incident ~) Sn" appnmtnllteh Sfonng. 1994. the ~ ~ abwlcd the plaintitf in "11\'\ inl.~ but nllt hmilcd Ill. ru!Jlmti and ."'"ll her ablu. ~ hn abllUt hn lk" ,,,th an l'f'm hand. hlt.:L~ hn ..."'...., lhr t*,,". and "aNq hn '" lhe throat and arms The defendant has threatened to bum the plaintilfs house down. and on several occassions he has threatened to kill himself 5. The plaintiffbelicves and therefore avers that sIle is in immediate and present danger of abuse from the defendant should sIle remain in the home \\ithoutthe defendant's exclusion and that sIle is in need of protection from such abuse b The plaintiff desires that the defendant he prohibited from having any direct or indirect contact \\;th the plaintiff or her minor children including. but not limited 10. telephone and written conununications 7 The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintilf. and from harassing her relatives. or her minor children 8 The plaintiff desires that the defendant be restrained from entering her place of employment q The plaintiff desires that lhe defendant be enjoined from remm ing. damasing. destroying or sdIing any proper!) O\\ned jointly by the partin or o"ned by the plaintiff 8_ EXUl.:Sl\:EJ>.OSSfSSIQli 10 The home from \\hich the plaintIff is L\ling the Court to ~CIUdC: the detmdlnt is leased in the ~ ofSu5lll1lian\' .')tlCk and Donald CraitlBrandt The ddcndant lI1I)\ed rot of the pIaialdfs~" llf'l or abtu t\ugusll', 1Qll(), and has ~ ~ It 1124 Suncrcst Ori\~ in Carlisk !liIn lhat lime II The plaintiff curmtll\ has no ..." 10 iitA\ \\lIh Mf ,hildld\ f'~. ItIt)llird\ IeLw ~" 12 The plainliff desires possession of the home so as to give the greatest degree of continuity 10 the lives ofher children and 10 allow tht"l11to continue their education at their schools and to continue their school and social activities LJ~.!:1M.!l!)KSI;~UiliLfQR mSLOLC ASF, 13 The plaintiff asks that the defendant he ordered to pay $250 00 to Cumberland County, one of Legal Services. loe's funding SOIlfCeS lIS reimbursement for the COSl of litigating this case. and that the defendant be a5~ the 525 00 surcharge and any l.'OUI1 costs if the case goes to hearing WHEREFORE. pursuant to the pro\isions of the "Protection from Abuse Act" of October 7. 1976. 23 PS ~IOI eJ ~. as amendai the plaintiff prays this JlonorabIe Court to grant the foJloy.;ng relief A Grant a Temporary Order pursuant to the .Protection from AhJse Act " Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear 01' abuse. 2 Ordering the defendant to refrain from having any direct or indirect COI1tId \\oith the plaintiff or her minor children induding. but not limited to, tdep/tone and \\rinen l.'OIllITIUllIQttOm. 3 (ltdcIing the defendant to refrain from hIrassintt and stlllkinlJ the pJairdT..t fu1lll harassinp. her relative,," llf her minor d.iIdla.. .. Pr{~ the ~ from enI<t'it!s the pIaiNIIh pIa't' of cmpkW\mmt. 5. Prohibiting the defendant from removing. damaging. destroying or selling properly jointly owned by the parties or owned by the plaintilf. and 6 Granting possession of the home located at 113 I Franklin Street, 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 establish for herself pending a linal order in this mailer. B. Schedule a hearing in acconIance "ith 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. I. Ordering the defendant to refrain from abusing the plaintiff or &om placing her in fear ofabuse 2 Ordering the defendant to rdTain &om having any direct or indirect contact \\ith the plaintiff or her minor children including. but not limited to. telephone and ~Titten commmicatioos 3 Ordering the defendant to refrain &om ~ and stalking the pIaintifl' and &om harassing her matins or her minor children 4 Prohibiting the defmdaJlt &om entering the plaintift's ~ of cmpIo)ment ~ Prohibiting the defendant from mnming. daI;-g:'\I. dest~... or .... po~ty joinrty ~ned by the parties or ~ned by the pIMaift' 6 GraNing pmsessiorl of the ~ Ioated at 1131 fnnLlin Shd. C..we. (~C~, Pems\f\lItlia. l\l the ......iff kl the ~Jft t'l ;:- r..;,. ;. . ." . 1.1.1 , . $..'. 1._.,. '" '-, r: t.-". - . 1.... , .. ~ , t '- >.~ (~! ,.- , , .. , ~ (-' r-. .- .,..-. . (I). C L- {' . l<- , I ... {~ , ~ .-- " -'