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Home My WebLink About96-05319 L'i\~.II,~I\r,I\"hll'l'tl\~III1/t.nllll 1111." .~I!'I,'II.III ~Jf.l.CA.n.cm " the undersigned, hereby verify thot the statements made herein are true and correot. understand that false statllmonls heroin aro made subject to the penalties of 16 Pa. C.S. 6 4904, relellng to unsworn falsification to authorities, Date: df'~ If1" \ J (~, "" 'c v~ ::J " \.., ') IJ 'l ;:' \~ 'j '" I(i '" ) r ~,. I" a ~ , 1'1' " .. 11,. ~ "I I.,. .. .. 'I ~ , ' ,,' 0' -,' , ' \ If [" , " 1"1, ", ,'I , ' I. ".tf (j i' r'oj " I" 1,1. , ,,' ... :.1 , ~ " " " ') , I , I, , , " " " , I: ,I " , " :,1 tJ:'IIIl.JIII~Ii\Jl'lr IIh:",~ I ~1I,II"dll Plalnllll, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE LINDA LEE WELLS and TIMOTHY L. WELL.S VIS. NO, 96. CIVIl.. TERM JOHN J. WEL.LS, JR" Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTtON__QRDfR i ' / I I.' AND NOW, this _~ 'uu day of _u-,.:J~f~'2" I I , 199__, upon pressntatlon Bnd consideration of 1l1e witl1ln Pelltlon, and upon finding thBt the PlalntlHs, LINDA LEE WELLS and TIMOTHY L, WELLS, now residing Bt 1004 Northfleld Drive, CBrllsle, CumberlBnd County, Pennsylv,lI1lo, IS in IlllmedlBte Bnd present dBnger of abuse form the Defendant, JOHN J, WELLS, JR" tile follOWing Temporary Order Is entered, The Defendant, John J, Wells, Jr" now residing at 98-09 65th Road, Apt. 1 -0, Forrest Hills, New York 11374, Is hereby en/olned from physically abusing the Plaintiffs, Linda Lee Wells and Timothy L, Wells, or place tl1em in fear of abuse, The Defendant Is excluded from the residence located at 1004 Northlleld Drive, Csrllsle, Cumberland County, Pennsylvania, (l residence which Is jointly owned by PIBlntiH, Linda Lee Wells and Defendant John J, Wells, Jr, The Defendant Is or<lerecJ to refrain from having any direct or Indirect contact with the Plalnliffs Including I but notlunlted to, telephone and written communlcBtlons, The Defendant Is enjoineej from harassing Bnd stBlklng the Plaintiffs and from harBsslng the Plalntlffs' relatives, iJ \lllhlllll'I.'\I'III 1I1l" ,1\1111 'Ill III The Dsfendant Is enjoined from entering the Plaintiffs' place of employment or place of schooling, The Defendant Is enjoined from removing, damaging I dostroylng or selling any property owned jointly by the parties or owned solely by the Plaintiffs, A violation 01 thla Order may subject the Delendant to: I) arrest under 23 PI. C.S. 16113; II) I private criminAl complaint under 23 Pa. C.S. 1 6113.1: III) a charge 01 Indirect crlmlnol contempt under 23 Po, C,S, ~6114, punishable by Imprisonment up to six months and a line 01 $100.00-$1,000,00; and Iv) civil contempt under 23 PA. C.S. 66114.1, Resumption 01 co-residence on tho part 01 the Plalntllls and Delendant shall not nullify the provisions 01 the Court Order. This Order shall rumaln In effect unlll modified or tarminated by the Court after notice or hearing and I can be extended beyond its original expiration date If the Court finds that the Delendant has commllted another Bct 01 abusa or has engaged In a paltern or practice that Indicates continued risk of harm to the Plaintiffs, A hearing shall be held on this malter on the .' '(, day 01 /, '/./. ~J!.., 1996, , ;' at >' -', o'clock, __.J m" in Court Room No, ~, Cumberland County Court House, Carlisle, Pennsylvania, The Plaintiffs may proceed Without pre. payment of lees pending a further Order alter the hearing, The Cumberland County Sheriff's Department shall altempt 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, ~ !J:\11lllJllh....:\l'ly' rlh:, ~lll"'ltdll LINDA LEE WELLS Ind TIMOTHY L. WELLS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE Plllln!I", VI. NO. 96. " I I 'I CIVIL TERM JOHN J. WELLS, JR" Defendant PROTECTION FROM ABUSE NOTICE YOU HAVE BEEN SUED IN COURT. II you 1'115h 10 dolol1d 00011l511ho c10lrllS sol lol1h Il1lhe lollowlllg pogos, you l11usltnko nclloll I'Il1hlrllwollly (~()) dUY5 II110r Ihl5 Pulllloll ol1d Noll~o oro 50rvod, by olllorlllg a wrllloll appoaral1ce pOlsonally or lJy allotlloy ol1d IIIlno III WIIlIrIO wllh Iho COIlI1 your dolol159S or oblocllol1s 10 Iho clall11s sol lol1h agalrlsl you, You oro watllod Ihalll YOIl IlIil 10 do 50 tho C05U moy procood wllhout yOU alld a judO/1l011l I11IlY bo olltorod agalllsl you by tho COUI1 wllhoul Il!tlhor IIollco lor oily 1110110Y clolrnod IlIlho Pelllloll or lor OilY othor claim or rullul ruquuslod by tho Plalnll"s. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, ,mUN~ IF Ihu coso goos 10 homlllg alld tl10 JlIdoo gnll1l5 u Prolocllol1 Old or, 0 sUlchorgo 01 $25,00 will bu ossossed agalllst you, You may 0150 bu roqlli,,!d 10 pay ollomoy loos 10 FLOWER, MORGENTHAL, FLOWER & LINDSAY, P,C. for Iholr rllprosolltotloll of Iho Plllillllll" YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHOtlE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE I PENNSYLVANIA 17013 (717) 240-6200 FLOWER I MORGENTHAL FLOWER & LINDSAY, P,C. Allorneya OJ PlolIIII"s -/ ~-.- C"OI J, Lindley. Elqul.. 10' 44693 11 Eell High 5'"'' C"IIIl., PA 17013 1717) 243.6513 By: .....- , IJ,\hll.lllhL"I'11I IIh:' \IJII,%,OI physical menaoe, the PlAintiffs In rear 01 Imminent serious bodily Injuries, Said Instances Include but ere not limited to the lollowlng: A. On or about WedneGday, September 18, 1996, between 12:30 end 1 :00 p,m" at the marital home, uefendant threatened to kill himself alter his car had been repossessed, In anger, he stated that he would not kill himself unlil he had killed Plelntlff Linda Lee Wells, end that berore he dlel tllat, he would torture her, Defendant was shnutlng end Plelntlff Linda Lee Wells lelt Ihel11arital home In lear for her salety, She returned thot evoning at approximately 10:00 p,m, to find all 01 the lights In Ihe house on, all 01 Itle Ions on, and Delendant in hiS room wearing his wlnler coat and sunglasses, Plaintiffs locked herself In a bedroorn, On the next day, Soptember 19, 1996, Plaintiffs convinced Defendant that he should soe a counsellor at Helen Stevens Mental Health Center In Carlisle, Pennsylvania, In front of the counsellor, Claire Black, Delendant admitted that he had threatened Plaintiff Linda Lee Wells on the day previous and also on September 11, 1996 es more fully deSCribed In the paragraph below, B, On Septambar 11. 1996, when Plaintiff Linda Lee Wells requested that Defendant hang up from his 'engthy telephone call with his girlfriend so that she could place a telephone call, Df,lfendant lost control. He pulled out two telephones from the wall shouting that she could not use the telephone, He went around the house throwing furniture over, He stated, "I'm gOlllg to kill you and Tim", Plaintiff Timothy L, Wells, He lelt the living room and returned with a large butcher knife and stood within Inches of Plaintiff Linda Lee Wells' lace I holding the knife under her chin and said, "Go ahead and move, bitch, cause you'll die tonight", Ha Ihen shoved the Plaintiff Linda Lee Wells Into a wall by hilling her left shoulder 50 that her right shoulder hit the wall and was bruised, Plmntllf Linda Lee Wells fled to a bedroom Bnd locked herself In. Defendant continuously through the night came to the bedroom 2 IJ \hlllllllu 'pl,l Ilk' '1111.% III 10. Plaintiff Linda Lae Wells asks the Defendant be ordered 10 reimburse her for the filing fees and servloe costs which she hils Incurred as a result of having to file Ihls nellon, 11. Plaintiffs ask that the Defendant be ordered to pay reasonable allorney's lees pursuant to the Protection Irol11 Abuse Act, WHEREFORE, pursuant to the provisions of the Protection frol11 Abuse Act, 23 Pe, C,S,A, 66101 et seq" es emended, the Plaintiffs pray this Honorable Court to grant a Temporary Order requiring the Defendant to refnllfl frorn abusing the Plaintiffs or the Plaintiffs' relatives, or placing them In lear 01 abuse; requiring hll11to refrmn frOI11 having any contact with the Plaintiff Linde Lee Wells, direct or Indirect I Inc;ludlng but limited to telephone and written communications; prohibiting him Irom harassing or stalking the Plaintiffs or their relatives, or from coming to their places 01 business and schooling or C0l11111g to their resldenr.:e; prohibiting the Delendant Irom removing, damaglng, destroying or selling property jointly own ad by the Defendant and Plaintiff Linda Lee Wells, or owned solely by Plainllff Linda Lee Wells and Plalntlfl Timothy L, Wells; granting possession 01 the home located at 1004 Northfleld Drive, Carlisle I Cumberland County, Pennsylvania to the PlalntIH Linda Lee Wells to the exclusion of the Delendant pending a Ilnal Order in this maller; ordering the Defendant to stay away Irom any residence the Plaintiffs may in the luture establish lor themselves. The Plaintiffs also request a hearing In accordance with the Protection Irom Abuse Act, and follOWing suc;h hearing, the entry 01 an Order requiring the Delendantto relraln Irom abusing the Plaintiffs I or placing them in lear 01 abuse; requiring them to relraln from any contract with the Plalntllls, Including but notllmllad ta, telephone and written 4 " .... "I " r, ~" , ,; i " 1.,,- I, ~. , I ;. , "I' pi, .' , 1/' , ,..1 " 1:, '" , Lilt i , 'I) C' I I ~''- 'j; !'~ (' ~ . I " " L '/ I y, " '" d ... c,I 1,1' " I' , 1 ,I " I, " ':1 " ,>1 " , , , , , , , Iii " \; \ crl,f'!1 \ V)~, " ,; 1< (/,' ni',l'f"( .Ii Ii f,Jh .. \iU~ " I, , , " I' I 'I i i I'W \ l\ I ~; t\ "i)j' ;,,, " , 1 II " , I ,I 1 \1 " I' ;,1 I 'I " I., , , , , 1 c;/ 1 , P , , " ufFI .;~ '" 'I; !') k, . \, 'Ii. M'\Ilm.IIllllI'Of'IOfooldl_-" I. ... "",*O,."lahlSilb, I .,~ ~ ntmt and .4drM' at lhIllvet" oe 1M 10lln to Ih,l wt un ,tlUII1 tin ,=~ n:ioIm 10 thllIOti. ollhl n.lP'tct, ot QlllhI bI'* IIIPI" doll ,'lit I .~"ttum A~pf ""'11"1"" on the mt.pllCot bIIo* UlI ..11d. Il\JIIrOeI. ,TheAll"," "KIi'" Wilallow 10 ~ the artldt lut dlll\l"'4 W\tJ Ihl d,ll II 1loI1',,", 41, J> u."mllllIHIII"J nlll I" IIlI II I'U IJlljdl) 'tAW) t) cJo J'MO OUI III ) I . ~ 631 i I moo-I . ,.quI" I John J. Wull~, Jr. 98-09 65th Hoad /Int. 1-11 Fot'rl!al: II ill , NY 11:\74 ;0 0 I ,I I" " I, .. i' " . II \111I.1,,11.:""1'1,1 'lk' ~11U"III,ljl The Defendant Is enjoined from entering the PlalntlHs' place of employment or placij of schooling. The Defendant Is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or ownerJ solely by the Plaintiffs, A violation 01 this Order may sUbJoct Ihe Defe"dant to: I) arrest under 23 Pa. C.S, 86113; II) a prlvatu criminal complaint under 23 Pa. C.B. 8 6113.1; III) a charge 01 Indirect criminal contempt under 23 Pa, C,S, 86114. punishable by Imprisonment up to six months and a line 01 $100.00-$1,000,00: and IV) civil contempt under 23 Pa. C.S. 86114.1. Resumption of co-residence on the part of Ihe Plalntllls and Defendant shall not nullify the provisions 01 the Court OrdElr. This Order shall remain In effect until modified or tarmlnaled by the Court after notice or hearing end, can be extended beyond 115 original axplratlon dale 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 PlalntiHs, A hearing shall be held on this matter on the ,) ::= day of (ji'''4 k I 1996, at 'I' ),( I o'clock, 1L, m,. in Court Room No, ~. Cumberland County Court House, Carlisle. Pennsylvania, The Plaintiffs may proceed without pre-paymenl of fees pending a further Order after the hearing, The ClImberland Counly Sheriff's Department shall attempl to make service at Ihe PlalntlHs' request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure, l llltqhlol!i l'l'I.1 llh" I ~JI 'I" III physical n1l!nece, the Plalntlffll In fenr 01 Imminent serious bodily In/urles, Said Instances InchJde but are not limited to thit follOWing: A, On or abollt Wednelldey, September 18, Hl96, between 12:30 and 1:00 p,m" at the marital home, Delendant threatened to '~1I1 hhnself sfter hilS Cllr had been repossessed, In 8I1ger, he stated that he would not kill himself until he had killed Plelntlff Linda Lee Wells, and that before he did that, he would torture her, Delendant was shouting and Plalnllff Lindo Lee WolIsleft Ihe marltol home In leAr lor her safely, She returned thot evening at opproXllnately 10:00 p,m, to flr1d 011 01 the lights In Iha Ilouse on, all 01 the fans on, anrj Defendant In his room wearing hiS winter coat and sunglasses, Plaintiffs locked herself in a bedroom, On the next day, September 19, 1906, Plaintiffs convinced Defendant that he should see a counsellor at Helen Stevens Mental Health Center In Carlisle, Pennsylvania, In front of the counsellor, Claire Black, Defendant admitted thatl1e had threatened Plaintiff Linda Lee Wells on the day previous Bnd also on September 11, 1996 as more fully deSCribed In the paragraph below, e, On September 11, 1996, when PIOIntilf Linda Lee Wells requested that Defendant hang up Irom his lengthy telephone call with his glrllrlend 50 that she could place B telephone call, Defendant lost control. He pulled out two telephones from the wall shouting that she could not use the telephone, He went around the house throwing lurnlture over, He stated, "/'/11 gomg /0 kill you and Tim", Plaintiff Timothy L. Wells, He left the living room and returned with a large butcher knife and stood within Inches of Plaintiff Linda Lee Wells' face, holding the knife under her chin and said, "Go ahead and move, bllch, cause you'/! dle~ tonight", He than stlOved the Plaintiff Linda Lee Wells Into a wall by hlltlng her left shoulder so that her right shoulder hit the wall and was bruised, Plaintiff Linda Lee Wells fled to a bedroom and locked herself In, Defendant continuously through the night camB to the bedroom 2 oj \IIIIJ.lln'.j'I., Ilh:. ll:II'jl..I'1 10, Plaintiff Linda Lee Wells asl~s the Defendant be ordered to reimburse her for the tiling fees and service costs which she has incurred as a result 01 having to file this action, 11. Plaintiffs ask that the Defendant be ordered to pay reasonable allorney's feFJs pursuant to the Protection from Abuse Act. WHEREFORE, pursuant to the prOVISions of the Protection from Abuse Act, 23 Pa, C,S,A, ~6101 et seq" as amended, the PIBlntlffs pray thiS Honorabll1 Court to grant a Temporary Order requiring the Defendant to refmlll frOI11 abu5lflg the Plaintiffs or \he Plaintiffs' relatives, or plaCing them In fear of abuse; reqUlnng flllll to refrain from having any contact with the Plainllff Linda Lee Wells, direct or Indirect, Including but limited to telephone and written communications; prohibiting him from harassing or stalking the Plaintilfs or their relatives, or from coming to their places 01 business and schooling or coming to their residence; prohibiting the Defendantlrom removing, damaging I destroying or selling property JOintly owned by the Defendant and Plalnllff Linda Lee Wells, or owned solely by Plaintiff Linda Lee Wells and Plaintiff Timothy L Wells; granting possession of the home located at 1004 Northfield Drive, Carlisle, Cumberland County, Pennsylvania to the Plaintiff Linda Lee Wells to the exclusion of the Defendant pending a final Order in this matter; ordering the Defendant to stay away from any reSidence the Plaintiffs may In the future establish for themselves, The PIBlntlffs also request a hearing in accordance with the Protection from Abuse Act, and follOWing such hearing, the entry of an Order requiring the Defendant to refrain from abUSing the Plaintiffs, or placing them in fear of abuse; requiring them to refrain from any contract with tha Plaintiffs, including but not limited to, telephone and wrlllen 4 IJ \lIlllljIIL~'\ltlnlllllJl.' I fill 'Ik, "1.ln'l/l.I'1 LINDA LEE WELLS end TIMOTHY L. WELLS PlelnUII , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO. 96.6319 CIVIL TERM PROTECTION FROM ABUSE VI. JOHN J. WELLS, JR., Defendsnt MOILO-N-EOJi ~QNIJ.NUANC-E Now comes Linde Lee Weill and Timothy L. Wells, by and through their counsel, FLOWER, MORGENTHAL, FLOWER & LINDSAY. P,C'I and moves this Honorable Court as tollows: 1. A Temporary Protection Order was entered by this Court to the above caption on September 25, 1996 setllng a hearing for October 7, 1996 at 9:30 a,m, 2, A certified copy of the Ordllr was delivered to the Cumberland County Sheriff's Department, but the Sheriff has been unable to affect servlca of the Complaint as of the date of this Mot/on. 3, The undersigned believes that service will have to be aHected by a process server In New York State. 'I) ,I i 1 ..... r;1 !, P, " fill, .... ,',! 1. '1'1 Ljt C Ii ,I ;\1 I".~ , 'I " (, I, I i' .J 1:..>' , I "1) ( " . I r:1- .. j Ie" "l ~. OJ , I ,/ Ji , , H " ., I 1 I I 'f , , , I \ , I 1 , I "i\""~ I \l"I1>I\ WIII"t) 3, The Sheriff of Cumberland County attempted to serve Respondent with a Petition For Proteotlo" From Abuse at the Forrest Hills, New York address and could not make ssrvlce by certified mall. 4, Upon Information and bellef, to wlt, the statements or Jan and Dan Kuebrlch, Respondent Is not residing with them, 5, On November 6, 1996, Petitioner employed a process server In New York state to servs the Respondent with the Protection From Abuse Order, Infer alia, A copy of the transmittal letter Is attached hereto as Exhibit "B", 6, On November 14,1996, the process server advised the undersigned that service had not been effected despite attempts, 7, Petitioner has flied a petition for alimony pendente lIIe and spousal support, The Domestic Relations Office has been able to serve Respondent who has contacted DRO to advise his receipt of the petition and his knowledge that a support conference 15 scheduled for Friday, November 22, 1996 at 9:00 a,m, 8, The undersigned will attempt to serve the Respondent on Frlday, November 22 with the petition for protection from abuse, but petitioner believes and therefore avers that Respondent Is attempting to avoid service, 9, Petltlonel' 15 using best efforts to effect service, l IJ.\lhll]wlu\l'fll IIltl' ,~11tI.'HI.1I; r.oF. 'j '1 r. ..11 ,)./ ",j IGYfj fl PlelnUII, IN THE OOURT OF OOMMON PLEAS OF OUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE LINDA Lee WELLS IInd TIMOTHY L. WELLS VS, NO, 96. ~'3 /'7 CIVIL TERM JOHN J. WELLS, JR" Delondent PROTECTION FROM ABUSE , i' IEMPORJ\.RY PAOT.f.C.T1QI:U1B.12fB I ..1d!: P t AND NOW, th s J day 01 ..-tV'~" u._ , 188_, upon presentation and consideration of the within Pelitlon, and upon finding thatlhe Plaintiffs, LINDA LEE WELLS and TIMOTHY L, WELLS, now residing at 1004 Not1hfleld Drive, Carlisle, Cumberland County, Pennsylvo'1Ia, is in Immediate and present danger of abuse form the Defendant, JOHN J, WELLS, JR" the following Temporary Order Is entered, The Defendant, John J, Wells, Jr" now residing at9B.09 65th Road, Apt, 1-D, Forrest Hills, New York 11374, Is hereby enjoined from physically abusing the Plaintiffs I Linda Lee Wells and Timothy L. Wells, or place them in fear of abuse. The Defendent Is excluded from the residence located at 1004 Northlleld Drive, Carlisle, Cumbsrland County, Pennsylvenla, a residence which Is Jointly owned by Plaintiff, Linda Lee Wells and Delendant John J, Wells, Jr, The Defendant Is ordered to refrain Irom having any direct or indirect contact wl,th the Plaintiffs Including, but not limited to, telephone and written communications, The Defendant Is enjoined from haraSSing and stalking the Plaintiffs and from harassing the Plaintiffs' relatives, IXHIBIT I \\ A /1 ~ II) '- ,., In .. ~ ,1rJ Ir ~r; :tr' or!, '4; :~ " .: ("'J ';iIJ G. _. ~I;I rIJ iJ~ ,. .l l~ ~H ,..i ..1 e I,', ~. \,(1 r.: II" r'~ '" ,. '!I~ I,ll' , . ".. II. !: . '/ i, . j, I' ) ~ )' dli 'I, I,., ,I) ", , , ", I,'" t. , I") I' "./ I d~ J II ,... I, (J Q' ,. 'I , \ , , " , ; " " , 1 , , ,I " I , ,