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HomeMy WebLinkAbout96-05506 ~ '1 I I 11 " ). ...... . , ",~ '\'. , I / v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-~50tO~___,CIVIL TERM JAMES EUGENE MANOS, JR, Defendant : PROTECTION FROM ABUSE ~ORARY PROTECTION ORDER AND NOW,this ~ day of October, 1996, upon prcsentation and consideration of the within Petition, and upon finding that the plaintiff, Stacey Marie Allcn, now residing at an undisclosed location for her own protection and to avoid further abuse, is in immediate and present danger of abuse from the defendant, James Eugene Manos, Jr, the following Temporary Order is entered. 1.I/W enforcement I/gencies, humtln sen'ice I/gencie.~ tlntl ,~chool tli,~trict.~ shl/II not tli,~clo,~e the pre,~ence of the pll/intiff in the juri.w/iction or tli,~trict or furni.~h tmy I/Itdre.~.~, telephone number, or tiny other tlemtJgraphic informl/tion I/bout the pltlintiff, except by further Ortler of Court. The defendant, James Eugene Manos, Jr., (SSN:209.66-0010)(DOB: 12/1/73), is an adult individual residing at 20 Cedarhurst Lane, Camp Hill, Cumberland Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Stacey Marie Allen, or from placing her in fear of abuse. The defendant is ordered to stay away from the plaintiffs current residence which is undisclosed, a residence to which the plairtiff moved to avoid abuse, which is not owned or leased by the defendant, and the defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The dcfcndant is enjoined trom harassing and stalking thc plaintitf and trom harassing hcr relatives. Thc defendant is enjoined tr(lln entering thc plaintill's place of employment. The defendant is enjoined Irom removing. damaging. destroying or selling any property owned by the plaintiff. A violation of this Order may subject tbe defendant to: i) arrest under 23 Pa.C.S. ~61 13; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a line of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. This Order shall remain in ellect until modified or terminated by the Court and can be 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. A HEARING SHALL BE HELD ON THIS MATTER ON OCTOBER 1 cJ , 1996, AT 4; IS f.M.,IN COURTROOM NO...3 OF THE CUMBERLAND COUNTY COURTHOUSE. CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheritfs Department shall attempt to make service at the plaintitfs request and without pre-payment of fees, but service may be accomplished under any applicable nile of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Lower Allen Township Police Department and any other appropriate police departments which have jurisdiction to enforce the Order shall be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement STACEY MARIE ALLEN. Plaintiff . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA v. 550lp _CIVIL TERM . NO. 96- JAMES EUGENE MANOS, JR, Defendant . PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT. 23 Pa.C.S. !j6101 el seq. A. ABUSE I. The plaintiff, Stacey Marie Allen, is an adult individual 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. 2. The defendant, James Eugene Manos, Jr., (SSN.Z09-66-0010)(DOB. 12/1/73), is an adult individual residing at ZO Cedarhurst Lane, Camp Hill. Cumberland County, Pennsylvania, 17011. 3. The defendant has had an intimate relationship with the plaintiff 4. Since approximately 1994, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, placed the plaintiff in reasonable fear of imminent serious bodily injury, and knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including following the plaintiff without proper authorization, under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse. a) On or about September 25, 1996, the defendant telephoned the plaintiff at her place of employment and threatened to kill himself if she did not leave work and meet with him to discuss their relationship. The plaintiff feared for her safety b) On or about September 24, 1996, the defendant telephoned thc plaintill'at her place of employment sevcraltimes, threatened to burn her from her head to her toes and to come to her employment and drag her ass out of there. The plaintiff, fearing for her safety, did not return to the residence and has been staying at an undisclosed location for her own protection and to avoid further abuse. c) On or about September 23, 1996, the defendant kicked the plaintiffs foot as she slept in bed, yelled at her calling her a whore and a slut, grabbed her by the wrist, and pulled her out of the bedroom and down the hall. When the defendant's sister heard the plaintiff s screaming and came out of her bedroom. the defendant let go of the plaintiff. The defendant threatened the plaintiff saying, "You'd better tell my father that I wasn't abusing you; you'd better not get me into trouble with my parents" After the plaintiff went to work, the defendant telephoned her at her place of employment several times. When the plaintiff got off work that evening, the defendant, who was parked beside the plaintiff s car in the parking lot, yelled at her, followed her back to the residence, and once inside their bedroom, slapped her across the face. The plaintiff sustained soreness and a red mark on her cheek as a result of this incident. d) Since approximately 1994, the defendant has abused the plaintiff in ways including, but not limited to, pushing and shoving her about, grabbing her by her arms, grabbing her by her hair and yanking her head back causing her at times to loose clumps of hair, and slapping her about her head and face. In addition, the defendant has threatened the plaintiff telling her that if she ever left him, he would come after her, find her, and kill her; and that he would burn her from her feet upward to kill her and that her death would be long and painful. 5 On or about September 24, 1996, the plaintiff left her residence at 20 Cedarhurst Lane, Camp Hill, Cumberland County, Pennsylvania, in order to avoid further abuse. 6. The plaintiff believe~ and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintill' including, but not limited to, telephone and written cOIT.munications. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment. 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. B. EXCLUSIVE POSSESSION 11. The plaintiff cannot reveal the names of the owners of the home where she is currently residing because the names will disclose her whereabouts which must be kept confidential for her protection. The plaintiff is not seeking the eviction of the defendant from his residence. C. REIMBURSEMENT FOR COST OF CASE 12. 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. ~6101 !j 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 or from 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 her relatives; 4. Prohibiting the defendant from entering the plaintiffs place of employment; 5. Prohibiting the defendant from removing, damaging. destroying or selling property jointly owned by the plaintiff, and 6. Ordering the defendant to stay away from the plaintiffs residence which address is undisclosed for her own protection and to avoid further abuse. 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 for a period of one year: I. Ordering the defendant to refrain from abusing the plaintiff and from 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 her relatives. 4. Prohibiting the defendant from cntering the plaintiffs place of employment 5. Prohibiting the dcfendant from removing, damaging, destroying or selling property owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintiffs current residence which is at an undisclosed location for her own protection and to avoid further abuse, and to stay away from any residence the plaintiff may in the future establish for herself. 7. Ordering the defendant 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 assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing. The plaintiff further asks that this Petition be filed and served without payment offees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Lower Allen Township Police Department and any other appropriate police departments which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 STACEY MARIE ALLEN, Plaintilf . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 96-5506 CIVIL TERM JAMES EUGENE MANOS, JR, Defendant : PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this uffiday of October, 1996, upon consideration of the Consent Agreement of the parties, the following Order is entered: I. The defendant, James Eugene Manos, Jr., is enjoined from physically abusing the plaintiff, Stacey Marie Allen, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from entering the plaintiffs place of employment. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff. 6. The defendant is ordered to stay away from the plaintiff's current residence which is at an undisclosed location lor her protection, and the defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. 7. Court costs and fees are waived. 8. This Order shall remain in effect for a period of one (I) year 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 harm to the plaintiff. This Order shall be 7. The defendant, although entering into this Agreement. does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (I) year 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 harm to the plaintiff. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a fine of$100.00-$I,OOO.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. WHEREFORE, the parties request that a Protection Order be entered to reflect the above , , , ! LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 r-. 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