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HomeMy WebLinkAbout00-02908 ok'%!" Final Protection From Abuse Order Page I of4 ~ . ' Jennifer Alisia Fatima Brouse, the Minor Plaintiff and her son, Diego Alfonso Torres, by Patsy Barnhart, her guardian, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 00-2908 Olujimi Keith Duncan, : CIVIL ACTION - LAW : PROTECTION FROM ABUSE Defendant FINAL ORDER OF COURT Defendant's Name is: Olujimi Keith Duncan Name(s) of All protected persons, including Plaintiff and minor children: 1. Jennifer Alisia Fatima Brouse 2. Diego Alfonso Torres Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Joan Carey, Legal Services, Inc. . Defendant appeared personally and is represented by: Richard Guida, Guida Law Offices AND NOW, this 16th Day of May, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: After hearing the testimony and upon finding that the Plaintiff and/or minor child(ren) has/have been abused within the meaning of the Protection From Abuse Act, the following Order is entered. Plaintiffs request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ...Ifinalorder.asp?FinaIOrderID=5605&cmdMove= View+Completed+Final+Order&pfadnum=L 5/17/00 ~." . .[ ~'-'~~"'j~'-" Final Protection From Abuse Order Page 2 of4 ,- ' .. 2. Defendant is completely evicted and excluded from the residence at: 321-D Shady Lane Enola, P A 17025 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. 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's place of employment located in Camp Hill, Pennsylvania. 4. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. S. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, any fireanns license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. I. any and all firearms 6. Defendant is prohibited from possessing, transferring or acquiring any other fireanns license or weapons for the duration of this order. The Defendant has 30 days after expirations of this order to petition the Court for return of confiscated weapons. 7. The following additional relief is granted as authorized by ~61 08 of the Act: - Defendant shall not harass Plaintiff's relatives. - Defendant shall not damage or destroy any property owned by Plaintiff. - Defendant and Plaintiff shall make arrangements through their respective attorneys to transfer property which each agrees belongings to the other party. Arrangements shall be effected in the presence of a party agreeable to both or in the presence of a constable or law enforcement officer paid for by the Defendant. This transaction shall take place within thirty days ofthe entry ofthis order. Defendant shall pay costs and fees of this action including $250.00 reimburse one of Legal Services' funding sources for litigation in this case. . ../finalorder.asp?FinaIOrderID=5605&cmdMove=View+Completed+Final+Order&pfadnum=L 5/17/00 ~_L'.i Final Protection From Abuse Order Page 3 of4 .... .' 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 and West Shore Regional Police 9. THIS ORDER SUPERSEDES: I. ANY PRIOR PFA ORDER 10. All provisions of this order shall expire on: May 16, 2001 NOTICE TO THE 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. ~6114. VIOLATION MAY ALSO SUBJECT you TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. 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 ~~2261-2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 6 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence ofthe police. 23 Pa.C.S. ~6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation ofthe protection order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the 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 the plaintiff. .../finalorder.asp?FinalOrderID=5605&cmdMove=View+Completed+Final+Order&pfadnum=L 5/17/00 J , "l"~_;'~- Final Protection From Abuse Order Page 4 of 4 ,. ,Plaintitl's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date ofthe hearing. un-Date If entered pursuant to the consent of plaintiff and defendant: p='n-TZ'Z!n-S.-------- --n-----.,amtIus 19nature n------Derenaalli'sSignature Distribution to: Legal Services, Inc. Richard Guida ~~ !5 . {).f). -() 0 f<.p Faxed & Mailed to PSP ...Ifinalorder.asp?FinaIOrderID=5605&cmdMove=View+Completed+Final+Order&pfadnum=L 5/17/00 .....I " . . ~~I ~...,-.~ '. ~ ~-~ -~ F;\,_';I;.-Cf;\C'.~ ,,"," 1~':: v GO f,jl,\{ 8 Flit ;'~: h ~ C., ".c' .," ......'...''1' Ui.!.,-"._,--"l ,<,'-\' J ' " "I i'''! IVl\-''-~ \W' ., I,. \";,->' '-J\ 'l t PEi~HS'{0lf.N\j\ ~~'.J""'Il, ..,,~ ,~~ ~ _,l.I~!I!I'f{:1t_~~~ _ _, _ ,t?~:! '@~~, II .(l!i~_."....I,UI'_,~ ,-~"'~~ ~ T!~L ~, .,. Jennifer Alisia Fatima Brouse, the Minor : IN THE COURT OF COMMON PLEAS OF Plaintiff and her son, Diego Alfonso Torres, : by Patsy Barnhart, her guardian : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 00-22QJCIVIL TERM Olujimi Keith Duncan, 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. fl'-. }41 a...,; <hYov . A hearing on this matter is scheduled on the liP day of~,~, at 3. trD in Courtroom No. 2- ofthe Cumberland County Courthouse, Carlisle, Pennsylvania. (I).m., I 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 injail under 23 Pa.C.S. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, 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. 92261-2262. 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 help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYL VANIA 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. Jennifer Alisia Fatima Brouse, the Minor Plaintiff and her son, Diego Alfonso Torres, by Patsy Barnhart, her guardian, Plaintiff : IN THE' COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. tkJ- .290'6~ r:...- Olujimi Keith Duncan Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Olujimi Keith Duncan Name(s) of All protected persons, including Plaintiff and minor children: I. Jennifer Alisia .Fatima Brouse 2. Diego Alfonso Torres AND NOW, on 8th Day of May, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 321-D Shady Lane Enola, P A 17025 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration ofthis order. Plaintiff's place of employment located in Camp Hill, Pennsylvania. 4. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted: - Prohibit Defendant from harassing Plaintiffs relatives. - Order Defendant to pay the costs of this action, includ!ng filing and service fees. - Order Defendant to pay $250.00 to reimburse one of Legal Services Inc. 's funding sources for the cost of this litigation. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro and West Shore Regional Police 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. THIS ORDER APPLIES IMMEDIA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MAY 8, 2001 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE 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. 96114. Consent of the 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. 96113. 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. 992261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 4 of this Order, defendant shall be arrested on the charge ofIndirect 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 oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation ofthis 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 (lffice shall maintllin possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which ;= - . I "'~~rD' case, they shall remain with the law enforcement agency whose officer made the arrest. . . BY THE COURT: Distribution to: Legal Services Faxed & Mailed to PSP . Judge Date Jennifer Alisia Fatima Brouse, the Minor Plaintiff and her son, Diego Alfonso Torres, by Patsy Barnhart, her guardian, Plaintiff v. Olujimi Keith Duncan Defendant ~ PFAD Number: LT1085303F : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : No. ()-() _ :2 "to i ~ -r LA.- : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is: Jennifer Alisia Fatima Brouse 2. I, (the Filer), am filing this Petition: - as Applicant for appointment as guardian ad litem of minor Plaintiff(s) 3. Filer's Name is: Patsy Barnhart 4. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Diego Alfonso Torres b. Jennifer Alisia Fatima Brouse 5. Plaintiff's Address is: 321-D Shady Lane, Enola, PA 17025 6. Defendant's Name is: Olujimi Keith Duncan 7. Defendant is believed to live at the following address: 1107 Quincy Circle, New Cumberland, PA 17070 8. Defendant's Place of employment is: =~ - '~ ~ . JalolMl -~" RSR Reality, Enola, Pennsylvania 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner II. The defendant has been involved in a criminal court action. 12. The following other minor child/ren presently live with Plaintiff: a. Diego Alfonso Torres 13. The facts of the most recent incident of abuse are as follows: On about Wednesday, May 03, 2000 at approximately 9:00PM Defendant grabbed Plaintiff by the arm, hit Plaintiff in her chest while she was holding her son, causing her to fall backwards onto the couch, and choked her with both hands causing scratches, bruising, and soreness to her neck and arms. Defendant blocked the doorway so Plaintiff could not leave the residence. Plaintiff fled the residence and called the police from the neighbor's residence. The defendant was arrested, charged with simple assault, and placed in Cumberland County prison with bail set at $50,000. 14. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or about April 30, 2000 - Defendant threatened that if Plaintiffleft him, he would burn down or blow-up her house. Defendant further threatened that if he couldn't have Plaintiff, no one else could and that he would kill her and anyone she may be with. Several times on separate occasions, Defendant has threatened to kill himself if Plaintiff left him. In or about March 2000 - Defendant grabbed the plaintiff while she was in a store, punched her about her body with a closed fist and shoved her against a soda cooler causing her to suffer bruising and soreness to her stomach, legs, and arms. Defendant restrained Plaintiff as she struggled to get away. The police were called to the store by an employee and Defendant was arrested on separate warrants. In or about January 2000 - Defendant kicked and hit Plaintiff with his fists, tripped her causing her to fall onto the floor, and put a pillow over her face causing her to fear for her safety. In or about September 1999 - Defendant went to his car, returned with a gun, and pointed it directly at Plaintiff and threatened "Wouldn't it be funny if it just went off"? Defendant opened the gun to show Plaintiff that it was loaded exacerbating her fear. Since approximately Spring 1999, Defendant has abused Plaintiff in ways including the following: kicked, punched, grabbed,and pushed Plaintiff and pulled her hair. Defendant threw Plaintiff's dog at her while she was holding the minor child causing her to fear for her safety and that of her child and her dog. On one occasion, Defendant smashed a chair and threw the pieces at Plaintiff hitting her child whom she was holding. Defendant destroyed property belonging to both Plaintiff and her son. Defendant choked Plaintiff and on several occasions and threatened to kill her. . ~ ~ ;. - ~__!I!!L_~:-_ ~ - . . ~~M~ 15. There is an immediate and present danger of further abuse tiom the Defumiant. 16. Plaintiff-is asking tlie court to evict and exclude the Defendlmt ftom the following residence: 321-D Shady Lane Enola. PA 17025 Rented By:Blair Brouse, the plaintift's father and Olujimi Duneau. the defendant 17. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFI'ER HEARING, A FlNAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant ftom abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintifi's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/reo, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may 1fud necessary with respect to partial custody and/or visitation with the minor child/reo. d. Prohibit Defendant ftom having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custodyand/or visitation with the minor child/ren. e. Order Defendant to pay the costs of this action, including filing and service fees. f. Order the following additional relief: not listed above: - Order Defendant to pay 5250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. g. Grant such other relief as the court deems appropriate. h. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully Submitted by: Joan Carey Agency: Legal Services, Inc. '~ ......._~~c VERIFICATION I verify that I am the Petitioner 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: f- j/OO ~A~~~ Jennifer Alisia Fatima Brouse, Plaintiff /!!;,m{fd:! ~_. ~ \ 1 l' '- ,- ~I \. ~. ~ D '11II ~ ~ h .~~" '~~~ '~ 'i~- Ill' .', ~y_t.i~n~r J- ~ " ,..;,.' _, -c' r -~ Cl C> 0 C. ,.:::> 'n ~~ ::i: ~:1 " ("T' 7~ r'n(,;-~ '...: ,;'f11 Z'--"() ,,:.- r"~ I -'0,11 c/) v:> :179 -" C) C) r" {"J '...... -~.., ';~:B '" -- c> -"'"~ 5 (-; -,';;.":'C) c:: ~,j 6en ~',~ ='"' ' :2 U1 55 -< ~-:, o , ' '-. "\ , ~ - 05/09/00 TUE 15:23 FAX 717 240 6573 ~~-".~"',' CliMB CO PROTHONOTARY otJ - :L90f 1i!J001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 1849 92490779 05/09 15:16 07'19 11 OK -, ' SHERIFF'S RETURN - REGULAR CASE NO: 2000-02908 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROUSE JENNIFER ALISIA ET AL VS DUNCAN OLUJIMI KEITH ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon DUNCAN OLUJIMI KEITH the DEFENDANT , at 0009:00 HOURS, on the lIth day of May 2000 at 1107 QUINCY CIRCLE NEW CUMBERLAND, PA 17070 by handing to OLUJIMI KEITH DUNCAN a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 1l.16 .00 10.00 .00 39.16 So Answers: ~~ ~~e/<f~( R. Thomas Kline 05/12/2000 h" II ~ me t J:s LU day of BY'~ . y::J2 eput ~rif ~ Sworn ~rd' Subscribed to before ~ ~ ,A.b. (~a.~.~ ", r thonotary ,