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HomeMy WebLinkAbout00-02573 ,~. ,I DONNA CAROL JOHNSON-SMITH, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 00-2573 CIVIL TERM RAYMOND L. HUFFAKER, JR.. Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: RAYMOND L. HUFFAKER, JR. Defendant's Date of Birth: 01-20-71 Defendant's Social Security Number: UNKNOWN Names of all Protected Persons including Plaintiff: DONNA CAROL JOHNSON~SMITH AND NOW, this :;( day of ~, 2000, the court having jurisdiQtion over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegation made in the Petition. o Plaintiff's request for a Final Protection Order is denied OR ~ Plaintiff's request for a Final Protection Order is granted. ~ 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. o 2. Defendant is completely evicted and excluded from the residence at * [NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS f-I' .. ~ EXCLUDED] or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. o On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment, located at Harris Savings Bank, 635 North 12th Street, Lemoyne, Pennsylvania. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 5 Adams Street #9, Enola, Cumberland County, pennsylvania, and any other residence Plaintiff may establish. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. o 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody Order) o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. ~ , ~ 8. The following additional relief is granted as authorized by 56108 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b., Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's relatives. d. The court costs and fees are waived. D 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid] as follows: [insert amount, frequency and other terms and conditions of the support order] This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. D 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. D 11. Defendant shall pay $* to plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR D Plaintiff is granted leave to present a petition, with r' appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.0 This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s) . 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. 181 13. THIS ORDER SUPERCEDES 181 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in one year. NOTICE TO DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE " , CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 56114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (SO) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 52265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. 55 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FED2RAL PROSECUTION AND PENALTI2S UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 56113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. . , . ~ _" ~. r'H~_. ..~,',;. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE If entered pursuant to the consent of Plaintiff and Defendant: n Carey ttorney for Plai iff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717)243-9400 . Q~~~ Ra~;d Rafiake~4J1 .5-.:1.5 -00 RK3 f9aJd ~.~ itJ P3P S-.5()-OO ..iiifii!ll '~li-~ll1lfl<11l,,",~!)<~~i<>~~_~1~;~"""_~tl.~DHt~i$MW$~Wllli" \: \' ) '"n \1.;,,; "1' .n\ 0'l, () ,.,,,\ CO ..\.1 i,Jill- , .., ..-:t,\ " r'.~._'"C--:"'! : ~.,:, :,:, _'- '}:lUll.,.'. ..." f" , "':1)..:;.' .,cJ.:::n:C\l". :J,.J~j:::' '..!- ::.\ ,Ht~,l~ ,,.,~ ,,",' _,,,,, "_~",,,,,~,., ... ~.~^~~.~, _~ ,",.",,~ ,~ ..~ <~ '"... _~ _, ~_" ~". _1; _"'" ," _c ,~T\:=! " , "'.. ~ ,. IIllttlllll1l , - , it; SHERIFF'S RETURN - REGULAR CASE NO: 2000-02573 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON SMITH DONNA CAROL VS 1 HUFFAKER RAYMOND L JR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland county, Pensyl vania , who being duly sworn according to law, says, the witnin PROTECTION FROM ABUSE was served upon HUFFAKER RAYMOND L JR the DEFENDANT , at 0014:18 HOURS, on the 26th day of April , 2000 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to RAYMOND HUFFAKER, JR. a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31. 10 So Answers: ~~~( R. Thomas Kline 04/27/2000 < Sworn and Subscribed to before By: day of ~. me this (51 !Ii 05/30/00 TUE 15:31 FAX 717 240 6573 <~. CUMB CO PROTHONOTARY ,. ....~. ~,' 141001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION 10 ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* {)(j-.;2673 1893 92490779 05/30 15:26 05'29 8 OK I, 1,'>"1 . -~' \>'1,( ~ .. .~ ., " . DONNA CAROL JOHNSON-SMITH, Plaintiff :IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA VB. :NO. 00-2573 CIVIL TERM RAYMOND L. HUFFAKER. JR., Defendant :PROTECTION FROM ABUSE ORDER FOR CONTINUAN:CE " AND NOW, this I ,( day of May, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on May I, 2000, at 2:30 p.m: by this Court's Order of April 25, 2000, is hereby rescheduled for hearing on May 25,2000, at 3:00 p.m. in Courtroom No.2. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from April 25, 2000, or until further Order of Court, whichever comes first. By the CClUI1// I Joan Carey e6~i e5 -\-e) L. S I LEGAL SERVICES, I~C. Attorney for Plaintiff / Raymond Huffaker, Jr. Pro se Defendant P LE.a.SCr LkL I~ -f?l ~ ~~lflli._~flWWjMD~~~~lili_''''~'';~WICJ,.,"",l<i~IlI'1lIo ..~ ~ . . . r " \J) C ".- c._ , ~:._) ,---... (')~: -::)~ _,~~:J ,- .-i'O) ::~:i ',;LLl ~J,-:!"[1- ~- C! Ci '5 ij I" ~-_.' " .... -_..~ '"" " ; I. -.~\ ~ . -. , V4 ',! DONNA CAROL JOHNSON-SMITH, Plaintiff :IN THE COURT OF COMMON PLEAS V8. : OF CUMBERLAND COUNTY, PE~SYL1fANR\. ~~"; C, --J'{ -r1r; :NO. 00-2573 CIVIL TERMS:iC tS_- RAYMOND L. HUFFAKER, JR., Defendant :PROTECTION FROM ABUSE MOTION FOR CONTINUANCk ::..) :"',) --.r The Plaintiff, , by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on April 25, 2000, scheduling a hearing for May I, 2000, at 2:30 p.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on April 26, 2000, at the Cumberland County Prison. 3. The Defendant indicated to Legal Services, Inc. on May 1,2000, that he agreed to a continuance of the the hearing scheduled for May 1,2000, to afford the parties time to execute a consent agreement and to negotiate the return of any personal property which the parties may agree belongs to him. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. -,.- , , -, " - 4 '. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. / LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ------::T DONNA CAROL JOHNSON - SMITH, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA VB. ;NO. 00 - ~513 CIVIL TERM bYMOND L. HUFFAKER, JR., Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing ~ Cumberl d on this matter is scheduled for the 1!If day of , 2000, at .:?:3 () "'.m., in Courtroom No.~ County Courthouse, Carlisle, Pennsylvania. of the You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 52261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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 HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 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. fj~III1IIII__~~~IIiIIiii~>iw_l\I,;iM_.i0jj!~.mFij~ii!l~iiI' . >~";"'-""" 1111 "~rJ .)Jll- "', r>>.-lilllIL ..""," ,",..,..~.,_, '.", ^., +-.- .,' , \,,-;:V\ ",\r>, :'--- \" -- - ;-\:, \'..) ,.<~::1 ';~: ~~~,'..(->\.~ ~'- .~:, .....~ 't,::~:\ ,\.\ ,.,'--' C(~,L, ,.. '.'\ ,\:'-',. I" ~~. .,.. , C. ".\ ,~, . ~ . ^~ " ~ " , ',.-1- . "~I DONNA CAROL JOHNSON - SMITH, Plaintiff :THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. RAYMOND L. HUFFAKER, JR., Defendant ~NO. 00 - '::2573 CIVIL TERM :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Raymond L. Huffaker, Jr. Defendant's Date of Birth: 01/20/71 Defendant's Social Security Number: Unknown Name of Protected Person: Donna Carol Johnson - Smith AND NOW, this d~ day of April, 2000, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ~ 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. o 2. Defendant is evicted and excluded from Plaintiff's residence located at , Cumberland County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by Plaintiff/Defendant to which Plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by the Defendant, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' child/ren. Defendant shall remain in his vehicle at all times during the transfer of custody.) ~ 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's place of employment located at Barris Savings Bank, 635 North 12th Street, Lemoyne, Pennsylvania. b ,,~-'" '. . __,~ ,., -'i'.' ,,'", . ""# ,. ,j, , . Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 5 Adams Street, #9, Enola, Cumberland County, Pennsylvania, a residence which is leased solely by Plaintiff, and any other residence Plaintiff may establish. ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. D 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. D 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's 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 Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or ter.minated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that ~- rr - ", " ..-1" ,'.,-~',L '.'j . . indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ~ 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East pennsboro Township and West Shore Regional. o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is puniShable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 56114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 56113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. 55 2261-2262. AnY nrotection order aranted by a court may be considered in any subsequent nroceedinas. includina child custodY nroceedinas. under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order. T .. ~ . l ~ "' ~" r~ Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Joan Carey Attorney for Plaintiff I~ DONNA CAROL JOHNSON - SMITH,: IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 00 _ .2S13 CIVIL TERM RAYMOND L. HUFFAKER, JR. Defendant :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Donna Carol Johnson - Smith. 2. The name of the person who seeks protection from abuse is Donna Carol Johnson - Smith. 3. Plaintiff's address is 5 Adams Street, #9, Enola, Pennsylvania. 4. Defendant is currently incarcerated in the Cumberland County Prison, Carlisle, pennsylvania. Defendant's Social Security Number is Unknown to Plaintiff. Defendant's date of birth is 01-20-71. Defendant's place of employment is Wormleysburg Public Works, Wormleysburg, Pennsylvania. 5. Defendant is Plaintiff's former intimate partner. 6. Defendant has been involved in the following criminal court action: On approximately April 13, 2000~ Defendant was arrested for Simple assault and Terroristic threats regarding Plaintiff, and a preliminary hearing was held on 4/19/00. Defendant is currently incarcerated in the Cumberland County Prison. 7. The facts of the most recent incident of abuse are as follows: On or about April 13, 2000, Defendant forcefully pushed his way into the bathroom where Plaintiff was, grabbed her by the throat, picked her up approximately two feet off of the floor, and slammed her into a towel rack, causing pain and bruising. When Plaintiff went into her children's room, Defendant followed her and beat Plaintiff with his fists. Defendant kicked ,;,. Plaintiff repeatedly with his work boots about her body. when Plaintiff attempted to get to a phone, Defendant ripped the cord out of the wall. While Plaintiff was trying to get the phone cord back together, Defendant went into the kitchen and returned with a butcher knife, grabbed Plaintiff by the arm, threw her against a wall, held the knife to Plaintiff's throat and threatened her saying, "If you want to go back to Arizona so bad, you're going in a pine box." Defendant released plaintiff causing her to fall to the floor, picked up a large speaker and was about to throw it on Plaintiff when she pleaded with him to stop. Defendant put the speaker down, grabbed Plaintiff by the hair and swung her around the room by her hair. Plaintiff was able to get to a couch and attempted to put the phone cord together, when Defendant picked up a golf putter and attempted to choke her with it. As Defendant went to leave the apartment, Defendant threw the putter, hitting Plaintiff in the face above her eye, splitting the skin open. Plaintiff was treated at Holy Spirit Hospital where she received 14 stitches and a Catscan was performed. The East pennsboro Township Police arrested Defendant for Simple Assault and Terroristic threats. Defendant is currently incarcerated in the Cumberland County Prison on $35,000.00 bail. Plaintiff suffered injuries including severe bruising, scratches, a black eye, swelling, and sprained fingers. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a. In or around March 2000, Defendant burst through the door, screamed vile names at Plaintiff, grabbed her by the throat and shoved her against a wall, causing Plaintiff to fear for her safety. b. In or around July 1999, Defendant picked Plaintiff up off of the floor and threw her into the cabinets, causing her to lose consciousness. c. In or around April 1999, Defendant grabbed Plaintiff by the throat, squeezed until plaintiff couldn't breathe, and threatened her saying, "I'll snap your neck." d. Throughout their 18 month relationship, Defendant has abused Plaintiff in ways including, but not limited to: choking, shoving, pushing, punching, restraining, kicking, pulling hair, and threatening her life both verbally and with a weapon. Jii 9. ~he following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: East pennsboro Township and West Shore Regional. 10. There is an immediate and present danger of further abuse from the Defendant. 11. Plaintiff is asking the Court to order Defendant to stay away from the residence at 5 Adams Road, #9, Enola, Pennsylvania, which is rented by Plaintiff. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiff's residence located at 5 Adams Road, #9, Enola, Pennsylvania, and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's place of employment located at Harris Savings Bank, 635 North 12th Street, Lemoyne, Pennsylvania. D. Prohibit Defendant from having any contact with Plaintiff's relatives. E. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. G. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. i , ~ ^ -I 1,-_.' ."' ~ ,-, --", b. Defendant is to refrain from harassing Plaintiff's relatives. H. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Dated'~ \ ()j) \ ~~. ~'H~I~ Maryann Murphy Attorneys for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 ~ ,.j . . VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated:~~D /00 ."~~~~iillj~~J'i."i~'Ii"l~;_~~~~~~~'-mil1i..iIti"""'J'.""=>-=-. 1.-. . (::) {) U (J o """ti --...,.:; f.-,2; ~f~ .,., '{J p C' o t z~ ~ ~ ~ ~ R ,-t) 0-.. .L--y I ..f- a ;>-, "' ""tJ~ Vi <-., -C~ ..( o " 8' ""t,,~->_, J_ :_J-J~~A-"L ,~~~,:~JJS;J.QJd ~/_, 1-; ~ -,:):I.~,l1~ ,: :JJ~-%:,,!-,.~~Q,-:P'-3SJ') - .~" ^.' ~__ It ~_ - - .,., ,~~~'" - - C) c~ .,-. - ' n::":", E--- f,~. / ','". , " -~ . ('j ;.~: ! '---C'" ;-..) c: (.0 ----,-. '-'-:1'.') "nl ~ -). .-'- ~~l -~ ~-;l