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HomeMy WebLinkAbout00-03208 ", " ",';' '", - -,_'",,',,''' ~ >.';;;,~" ",,' ~ ' ,.~ i DAWN MICHELLE GETTINS , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- 3':lOfCIVIL TERM .' I'! " i! ~'! vs. WOODROW WILSON HAIRSTON, Defendant : PROTECTION FROM ABUSE 'j NOTICE OF HEARING AND ORDER :1 " ;1 " !i i:I :1 I' " i! i:i i'j i: il 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 on this matter is scheduled on the I ;dAday of aI/Xi? 2000, at / () ;3~m., inCourtroomNoJ-oftheCumberlandCounty Courthouse, 1 C~are, Carlisle, Pennsylvania. 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. g6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. g2265, this Order is enforceable anywhere in the United States, triba1lands, U. S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state andintentiona1ly violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. g 2261-2262. You should take this paper to your lawyer at ouce. 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 kelp. 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 madeat least 72 hours prior to any hearing or business.before the court. You must attend the scheduled conference or hearing. 4~W!!!p';~I;!~~AI~m;lillll1l!i!~m'!iijJAAlilll!II1l:-"0rl"'-,-';~;l;!l,"H",""..W:1~~Mi;i;j1O[:iir~"~"-~" "-'< """.lIIlIillllill- T" J."Jl, l,-, ~:L;Jb..lUIJ)[UJ..t[~:U':,.L;,~,; ,_"UJ, 'r,~ - ,,,",, "1 ~ ".. " ..., ,~ , " ,~~ I!UII "~-,..._~ ~"~'" .._, C) "'8 0 S.; C:J "-n -~,,, -~ .-; ~,,--,,, ~u L' '1,';~ "[ -n U2U ..< -,..., r= .'.-;:.. .;, : ",) ,.',.,.rn ";71' "9 ~13~~ ",- >~ '~o -0 ~..,J'l~i ); Co :1;-: ;"5 ::n ~: ::...."'0 C ~"-rn )> c:: r:Y S\ z: VI ~ ::<: .r;- ~ ," ~J DAWN MICHELLE GETTINS , Plaintiff : In the Court of Common Pleas : ofCurnberland County, v. : PENNSYLVANIA : Civil Action - Law WOODROW WILSON HAIRSTON, Defendant . : No. {)oO. 3201 ~ JL<- . : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: WOODROW WILSON HAIRSTON Defendant's Date of Birth is: April 30, 1954 Defendant's Social Security Number is: 198-44-9993 Name(s) of All protected persons, including Plaintiff and minor children: 1. DAWN MICHELLE GETTINS AND NOW, on 24th Day of May, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: PlaintiR'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 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 Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence: 160 Ashford Drive Enola, Cnmberland County, Pennsylvania Residence of Plaintiff's parents: 1()9 North Street West Fairview, Cumberland Connty, Pennsylvania 3. Defendant shall not contact Plaintiff; or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted: Prohibit Defendant from having any contact with Plaintiff's relatives. Prohibit Defendant from harassing Plaintiff's relatives. Prohibit Defendant from damaging and/or destroying property owned solely by Plaintiff. 5. 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 POLICE DEPARTMENT 6. 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 anthority 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. 7. TIllS ORDER SUPERSEDES ANY PRIOR PFA ORDER 8. TillS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL NOVEMBER 24,2001 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 andior up to six months injail. 23 Pa.C.S. g6114. 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 ofappropriate court papers for that purpose. 23 Pa.C.S. g6113. Defendant is further notified that violation of this Order may subject himlher 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. ~g2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintift's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 3 of this Order, defendant shall 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 weapooIs are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Judge -glt!~ Distribution to: LEGAL SERVICES, INC. I- / f' ('~~".cJ. Joan Carey, Attorney for Plaintif -T Faxed & Mailed to PSP ..-/ PFADNumber: PFI084614Q DAWN MICHELLE GETTINS, Plaintiff : In the Court of Common Pleas : of Cumberland County, v. : PENNSYL VANIA : Civil Action - Law WOODROW WILSON HAIRSTON, Defendant : Protection From Abuse : No. 01J. 3::2iJK tu;J. T.L<.-. PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: DAWN MICHELLE GETTINS 2. 1, (the Plaintiff), am TIling this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. DAWN MICHELLE GETTINS 4. Plaintiff's Address is: 160 Ashford Drive, Enola, PA 17025 5. Defendant's Name is: WOODROW WILSON HAIRSTON 6. Defendant is believed to live at the following address: 221S North 4th Street, Harrisburg, PA 17110 ,~. ' T Defendant's Social Security Number is: 198-44-9993 8. Defendant's Date of Birth is: April 30, 1954 9. Defendant's Place of employment is: unemployed 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 12. The defendant bas been involved in a criminal court action. 13. The defendant is not currently on probation / parole 14. The facts ofthe most recent incident of abuse are as follows: On about Monday, April 10, 2000 location: 2218 North 4t11 Street, Harrisburg, Dauphin County, Pennsylvania Defendanttllreatened Plaintiff saying, "I'll slasb your throat and I mean it", grabbed her by tile neck, cI10ked her, pulled ber bair, furtlIer tllreatened ber sa~,"I'm going to kill you", and shoved her down onto the couch. Defendant kicked Plaintiff in the ribs, repeatedly struck her about her head with a brass candle holder, and punched her in tile eye with his fist. Plaintiff lost consciousness, and when she regained consCiousness, she was being transported by ambulance to Holy Spirit HospitJtI where she receivedmedicai treatment. Plaintiff sustained injuries including, but not limited to, swelling, bruising, and soreness about ber head and face, and bruising and soreness almnt her torso as a result of this incident. The Hanisbnrg Police arrested Defendant, charged him with simple assault, and placed him in Dauphin County Prison on $10,000 bail. On May 19, 2000, a preliminary hearing was held before District Justice James Pianka in Harrisburg on the criminal charges. Defendant waived the cI1arges to trial, made bail, and was released from Dauphin County Prison. 15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, , ", ~" =-__,c';""" "";" --, ~at (including any threats, injuries, or incidents of stalking) are as fullows: In or about March 2000, Defendant pounded on Plaintiff's door, and when she opened the door, he forced his way inside, came toward her in a rage, andthreateued her saying, "I'm going to finish it all now." Defendant grabbed a knife from the kitchen, and further threatened, "1 have to end it, this is it, caU 911 and teU them that by the time they get here, you'U be dead." Defendant grabbed Plaintiff, shoved her down onto the bed, straddled her, held the knife to her throat, told her that it would be easy for him to kiU her, and repeatedly threw the knife into the wall behind Plaintiff's head, exat:erbating her fear. In or about March 2000, Defendant puDed Plaintiff out of the t:ar, threw her to the ground, kit:ked her in the ribs, choked her, and punt:hedher in the face causing her to fallface-down onto the steps. Defendant also threatened to kill Plaintiff. In or about February 2000, Defendant threw Plaintiff against the wall causing her to faU to the Door, pnBed her hair, and threatened to kill her. As Plaintiff lay on the floor, Defendant swung his fist to punchberin the face, but she moved aside to avoid being hit, and he instead punched a hole in the waIL On or about February S, 2000, when a friend of Plaintiff's stopped by her house and brought her Dowers for her birthday, Defendant, who was at Plaintiff's house, became enraged, and in the presence of her friend, threatened to kill Plaintiff. The foUowing day Plaintiff discovered that two of the tires on her car had been slashed. Suspecting that Defendant had vandalized her vehicle, Plaintiff reported the int:ident to the police. In or about January 2000, Defendant straddled Plaintiff, puUed her hair as he forced her to have sex with him, and during the act, threatened to slash her throat if she lied to him. Defendant told Plaintiff that he spent approximately IS months in jail for abusing his wife, and that be bad also been convicted of attempted murder and spent 10 years in state prison for that crime. In addition, tbe State Parole records indicate that Defendant was convicted of robbery. Plaintiff is terrified of Defendant and fears forberlife. 16. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: East Pennsboro Township Police Department 17. There is an immediate and present danger offurther abuse from the Defendant. 18. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER BEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or " " . .. "'l-; minor child/ren in any place where Plaintiff may be found. b. ProlnDit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs schoo~ business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. c. Prohibit Defendant from having any contact with Plaintifl's relatives and Plaintifl's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. e. Order Defendant to pay the costs of this action, including filing and service fees. f Order the following additional relief, not listed above: Prohibit Defendant from harassing Plaintiff's relatives. Prohibit Defendant from damaging and/or destroying property owned solely by Plaintiff. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc. 's fnnding sources for the cost of litigation. 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, Date: .5 h!- IN) / / Joan Carey, Attorney fo laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 -.. <' '~'. "",~,,,~,.. "": 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:~:6-~O [)~ /Jl ~ Dawn M. Gettins, Plaintiff ~~limlll!l!.l!!!;'J]~mIl",.?' - ~illOliiJ.i!l_,il1>~lllIoii f" ..l:.;..a _~~, ~'_ ~M ~,,",,"~' C) C) 0 C~ C../ ~'l1 .C . :::~ :.;:! .. ',;0 "- 1 !T""" "0 ;n ".p ~=.:1 ~~? -;'J g~ "V - 'i:! -l ;:0 -< -< II OS/24/00 WED 15:00 FAX 717 240 6573 CUMB CO PROTHONOTARY @I 001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT $******$**********$$$ **. TX REPORT *** ********************* 1889 92490779 OS/24 14:56 04'15 7 OK ~~~ . " '0' ....,.,. ~'-' - . DAWN MICHELLE GETTINS, Plaintiff : In the Court of Common Pleas : of Cumberland County, : PENNSYLVANIA v. : Civil Action - Law WOODROW WILSON HAIRSTON, Defendant : No. 00-3208 Protection From Abuse CONTINUED TEMPORARY ORDER AND NOW, this Ist Day ofJune, 2000, pursuant to 23 Pa.C.S. g6107(c), the terms and conditions of the Temporary Order issued on 24th Day of May, 2000, in the above-captioned case are hereby continued in full force and effect. This order is in effect until December 1, 2001. Distribution To: LEGAL SERVICES, INC. Joan Carey, Attorney for Plaintiff . Cof'''O.S PW=...lcl((Y c;,c.,~ t../(/~ o c;:: :i:: -001 rnrn Z:;J:J ze- rok.: -<4? \<,0 ~o -c )>c Z ~ Woodrow Wilson Hairston, Defendant ~ ~ r rn~~ Lr.c( c/o Carol Pendergreist 2218 North 4th Street --r./11 Harrisburg, P A 17110 _ I Faxed & Mailed to PSP , _ '~_"__ - J, ,~",,>: 25 <:..... c % o 'T; :.::::1 ~;,. -n I "r::---:::: :~~ \:3 ~;'-: i ::JC) ~~~~ om s;! ::0 -< v ::JJ: s:: .r;:- c.n SHERIFF'S RETURN - OUT OF COUNTY , r CASE NO: 2000-03208 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GETTINS DAWN MICHELLE VS HAIRSTON WOODROW WILSON R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HAIRSTON WOODROW WILSON but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On June 9th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge DEP. DAUPHIN CO 18.00 9.00 10.00 25.50 .00 62.50 06/09/2000 ~ R. 'Thomas Kli~ Sheriff of Cumberland County Sworn and subscribed to before me this .2D e:- day Of~ o2D7tO A.D. ().. Q~ ~pr~thonotary~ M~_"~ ~ ,~~ " -ltc, ~ @ffite of tlre ~4~riff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 tax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania GETTINS DAWN MICHELLE vs County of Dauphin HAIRSTON WOODROW WILSON Sheriff's Return No. 1208-T - -2000 OTHER COUNTY NO. 2000-3208 AND NOW: May 30, 2000 at 10:18PM served the within TEMPORARY PROTECTION ORDER upon HAIRSTON WOODROW WILSON (PERSONAL SERVICE ONLY) to DEFT by personally handing 1 true attested copy(ies) of the original TEMPORARY PROTECTION ORDER and making known to him/her the contents thereof at HOME OF DEFT'S GIRLFRIEND 2218 NORTH 4TH STREET HBG, PA 17110-0000 ~.p~ So Answers, JR~ . ff Sworn and subscribed to before me this 1ST day of JUNE, 2000 PROTHONOTARY By Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO RM "",_. J I - I' I" ~ In The Court of Common Pleas of Cumberland County, Pennsylvania Dawn Michelle Gettins VS. Woodrow Wilson Hairston No. 20-3208 Civil Now, 5/24/00 , 20 0 (J , I, SHERIFF OF CUI'vlBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to exe.cute this Writ, this deputation being made at the request and risk of the Plaintiff. .. .. r~~t Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at 0' clock M. served the within upon at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, PA 20 '- COSTS SERVICE Iv1ILEAGE AFFIDA VIT $ Sworn and subscribed before me this _ day of $ ~~ "~~ -Jl.'_ SHERIFF'S RETURN - REGULAR CASE NO: 2000-03217 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WITTER SHARON L ET AL VS BEERS MICHAEL EUGENE JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BEERS MICHAEL EUGENE the DEFENDANT , at 0008:42 HOURS, on.the 9th day of June , 2000 at CUMBERLAND CO. SHERIFFS' DEPT. 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to MICHAEL BEERS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 So Answers: ~~~~~~~< R. Thomas Kline 06/09/2000 SCHMIDT, RONCA & KRAMER Sworn and Subscribed to before me this day of BY:~ ~ \ -~ o ,MI 't- . De ty Sheriff A.D. Prothonotary ~ . ~, .~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-03227 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIQUIDATION PROPERTIES INC VS VAUGHN IRENE R DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VAUGHN IRENE R the DEFENDANT , at 0014:38 HOURS, on the 12th day of June , 2000 at 360 RUNNING PUMP ROAD NEWVILLE, PA 17241 by handing to IRENE R. VAUGHN a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.54 .00 10.00 .00 38.54 So ;;~~( R. Thomas Kline 06/13/2000 FEDERMAN & PHELAN Sworn and Subscribed to before By: \Jo.wn J ~ Deputy Sheriff me this ..20 G,- day of ct... - Mw A.D. ~t~~!~;;'~