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HomeMy WebLinkAbout00-04752 r _'-L ";,..,,,. :1""'1:1 DIANNE MARIE LEACH, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- 47JJ. CIVIL TERM HERBERT RICHARD WOLFE, II, 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 on )his matter is schedUled on the /.3 -day ofJuly, 2900, at .;J." 30 ..p .m., in Courtroom No. !:f:- on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, 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 crimina1contempt which is punishable by a fine ofup to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under-the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, 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 D.S.C. ~ 2261-2262. 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, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WIm 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 individinitlls having business before the court, please contact our office. All arrangements must be made at least 72 hours prior.ro any hearing or business beforethe court. You must attend the scheduled conference or hearing. --,' ,,' _ r 4' '" '- ~ , - ~ - -,' '--, "'"' '-~ '-'-' ~, DIANNE MARIE LEACH, Plaintiff : In The Court of Common Pleas : of CUMBERLAND COUNTY, : PENNSYLVANIA v. : Civil Action - Law HERBERT RICHARD WOLFE II, Defendant : ()tJ ~ : No. 47:{.2; PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: HERBERT RICHARD WOLFE n Defendant's Date of Birth is: February 9, 1974 Name(s) of All protected persons, including Plaintiff and minor children: 1. DIANNE MARIE LEACH AND NOW, on 3rd Day of July, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintit1's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any ofthe 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: 14816th Street, New Cnmberland, PA 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: The Cnmberland County Sherift"s Department shall attempt to make service at Plaintiff'sreqnest and without pre-payment of fees, hut 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 OrdershaIl remain in et1fect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant Ilas committed an act of abnse or has engaged in a pattern or practice that imlicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: NEW CUMBERLAND POLICE DEPARTMENT ': '- ~ ; -,,~ '-n_ _.':! " ,~ - ' " ^~ ',<,' ':'-"'~";' 6. The sheri1'J: 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. 7. TIllS ORDER SUPERSEDES ANY PRIOR PFA ORDER 8. TIllS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JANUARY 3, 2002 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 injail. 23 Pa.C.s. ~6114. 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. ~6113. 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. ~~2261- 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 defel1ldant 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 oflaw enfurcement. 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 weaponls are evidence ofa crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest, Distribution to: LEGAL SERVICES, INC. Joan ClU"ey c., t j, ;) Maryann Murphy / ~ .' Attorneys for Plaintiff Faxed & Mailed to PSP " /" r '< ,C," -H J Judge Date 0 (::; () C ..:::; -- ;"( $: (;:;:;: ~n-- 9'" - ,., ---- ~:~j 1 ~~\ z C- -',' ~~ (,) :,') () , C~ -,., ,_. ~~.., -.-, <. ,. .-.. ~ ~ 8 ~.~,> ~:~ ('> )> L. .c::- ;T\ C Z :';-'] ::;! :D 0 ,< ~ - -j- ~ .- .,' ~- " ." ,'c' PF AD Number: AAII05897M DIANNE MARIE LEACH, Plaintiff : In The Court of Common Pleas : of CUMBERLAND COUNTY, : PENNSYLVANIA v. : Civil Action - Law HERBERT RICHARD WOLFE ll, Defendant : No. IJV - '-I 7ef,;., ~ U.....-- PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: DIANNE MARIE LEACH 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. DIANNE MARIE LEACH 4. Plaintiffs Address is : 148 16th Street, Apt. 4 , New Cumberland, PA 17070 5. Defendant's Name is: HERBERT RICHARD WOLFE n 6. Defendant is believed to live at the following address: :<' . ~- , ~- "- ""~ .'---' .L ~_ '" 614 York Circle, Mechanicsburg, PA 17055 7. Defendant's Date of Birth is: February 9, 1974 8. Defendant's Place of employment is: Blue MoDO Cafe, Eastgate Plaza, Mechauicsburg, PA, and Coaches Corner, 3rd Street, New Cumberland, PA 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 11. The defendant has been involved in a criminal court action. 12. The facts of the most recent incident of abuse are as follows: On about Friday, June 16, 2000 location: 14816th Street, New Cumberland, PA, Plaintiff's residence On or about June 16, 2000, Defendalllt followed PlaintitT about her apartment as she tried to get away from him, grabbed her by the arms, and shook her. back and forth violently. Defendant shoved PlaintitT onto the bed, straddled her, pinned her anus to the bed, repeatedly spit on her face, choked her, and sexually assaulted her despite her crying and screaming for him to stop. Later, when PlaintitTwas in the bathtub, Defendant threatened to drown her, shoved her head underwater, and held her down. While PlaintitTwas still in the bathtub, Defendant turned on a portable electric whirlpool motor, removed the waterproof case from the motor, held the running motor over the bathtub, and threatellledto drop the motor into the water and electrocute PlaintitT. PlaintitT sustained injuries including bruising about her eye and sweUing on the side of her face as a result of this incident. PlaintitT feared for her life, left her residence, and went to work. Defendant telephoned Plaintiff at her place of employment several times shortly after she got there, went to her work place, demancledthat she leavewitbhim immediately, and refused to leave the premises. Plaintiff's supervisor telephoned the police for help, and Defendant was arrested and charged with defiant trespass as a result of this incident. Later the same evening, Defendant broke into Plaintiff's apartment with the intent to committ _n , . f~ i suicide while there. Defendant telephoned Plaintiff's residence nnmerous times from June 16 through June 19, 2000, and left messages on her answering service pleading with her to reconcile with him. 13. 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 June 15, 2000,. Defendant shoved PlaintitT, grabbed her by the arms, shook her back and forth violently, and sexually assaulted her. In or about April 2000, Defendant shook Plaintiff back and forth violently, shoved her repeatedly, spit in her face, broke dishes, threw houseplants about, got a knife, threatened to kill himself, and cut his liI'm in several places. Plaintiff telephoned the police for help. The New Cumberland P.olit1e responded and took J)efeildant to Holy Spirit Hospital, and Mental Health Unit. Defendant, who wlls released within an hour, returned to Plaintiff's apartment, ferced .open the lock:eddoor, and broke the safety chain gaining entry to her residence. Fearing for her safety, PlaintitT telephoned .the police fer help. Defendant, who displayed aggressive behavior towanhhe police and threatened them, was returned te the Hely Spirit Mental Health Unit where he was retained for several heurs. In or about mid-December 1999, PlaintitTasked Defendant to leave her home several times, and when he refused and she tried to use the telephone, he yanked the telephone cord out of the wall jack, shoved her out onto the porch, and locked her out of ber apartment. In or about September 1999, Defendant sboved Plaintiff about, and when she ran .outside, he got ontop of the heodef ber car, and jumped up and dewn en it repeatedly causing extensive damage to it. In or about spring 1998, Defendant sboved PlaintitT, causing ber feet te leave the ground, and resulted in her falling baekward onto tbe concrete tloor hitting her bead and elbow. PlaintitT sustained soreness and swelling on the back of ber head, and a lump on her elbow that remains to date. Since approximately 1996, Defendant bas abused PlaintitT in ways including, but not limited to, shoving, grabbing, restraining, choldng, shaldng" and spitting on her. Defendant hl}&,eunched and kicked Walls. . a. nd doors, dented till. ere. frigera. tor.. de.. or, and thro...wn. .... ber ;Ifousebold." WS ......... ,." hings and sentimental possessions about causing them 1& break. In addition, Defendant, ~"Jts a psychiatric bistory, bas repeatedly tbreatened'to kill himself andPlaintitT, causing herlo fear for her life. , ".,', -"." ~ '~, '- , - - ..'~ -- --, .- ~ 0" '~"i 14. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: NEW CUMBERLAND po.LICE DEPARTMENT 15. There is an immediate and present danger of further abuse from the Defendant. 16. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Damages to her residence, her vehicle, and her personal and household possessions. 17. FOR THE REASo.NS SET Fo.RTH ABo.VE, I REQUEST THAT THE Co.URT ENTER A TEMPo.RARY o.RDER, and AFTER HEARING, A FINAL o.RDER THAT Wo.ULD DO. THE Fo.LLo.WING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either i:tt person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, 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 Plaintiffs relatives and Plaintiffs 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 ofthis action, including filing and service fees. f. Order the following additional relief: not listed above: Defendant is enjoined from damaging or destroying any property owned solely by PlaintitT. Defendant is ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. _ ,H '.' 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: 7/?r/cm ~~ Maryann Murphy Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 , ~",' ,,~', --'" :" ~ I verilY that J lU1I the fretllloner a. d,,18l1lltecl in the prelenl II(:tion llI1d th.. the IIIcta ~nd .tatement. contained in Ihe above Petition ere fl'UO and ellrre"t to the beal of my knowledlle. I underatlllld thaI any tila. Itatllment8ft madlllubjecllo the penalties of 18 PaC.S.~4904. reJ8.linll to unlworn talameation 10 Iluthoritiea. '~3-00 ~.a1 x. l/~,.-< Piann, Lea~h, Plaintiff Dated: ~[ ~~" ~.--~"" ~'~,~ "iIIijj_~H~ 'lli.~~~~~~~ -c 1.'lWo:l'IJ.lilili.L'Jli1i"~!!IIlIl!jfi"'~ (11 \ .... [, ~ ~ ~ ~ ..d...l'>l.~iiIiWMn~ ',I rl I, !1 I'! II 'I II 11 'I 'I ,I II !I ., II 'I I I I MI 0 ,"-, c:: c: ;,:5 " -,,:- G".,. -0 l' ' .'- .. ,.- m rn i _., 2: "..,\ ~ --:'/ :2:' " (n C.J :.0 -< () r.::;tj --, ~~; .." -),: =;1 ::< ~~2:~ (05 w) :.:.) en ~ ~:i ,,- ...''-- ::0 (j> -< t. t ~~ p " ~ ... '~ t "- ~ .~ .' 0~(03i~0 MON 15:36 FAX 717 240 6573 CUMB CO PROTHONOTARY '6 -1.{7 Sr~ 141001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 1972 92490779 07/03 15:31 04'34 8 OK ~ DIANNE MARIE LEACH, Plaintiff : In The Court of Common Pleas : of CUMBERLAND COUNTY, : PENNSYLVANIA v. : Civil Action - Law HERBERT RICHARD WOLFE n, Defendant : No. 2000-4752 PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: HERBERT RICHARD WOLFE n Defendant's Date of Birth is: February 9, 1974 Name(s) of All protected persons, including Plaintiff and minor children: 1. DIANNE MARIE LEACH AND NOW, this 13th Day of July, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition. The following order will be entered: Plaintiff's request for a "'mal 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. - . ,'~~, "'"~ .',o"-~, '" - 2. The following additional relief is granted as authorized by ~6108 of the Act: 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 fmds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is prohibited from having ANY contact with Plaintiff at her current place of employment at SPI, Ltd., 2314 Walnut Street, Harrisburg, Dauphin County, Pennsylvania, or at any other place she may be employed for the duration of this Order. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. The court costs and fees are waived. 3. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: NEW CUMBERLAND POUCE DEPARTMENT PENNBROOK TOWNSHIP POLICE DEPARTMENT 4. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 5. All provisions oftms order shall expire on: January 13,2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRlMJINAL CONTEMPT WIHCH 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, US. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGA.lNST WOMEN ACT, 18 US.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TillS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 US.C ~~226l- 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 US.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs 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 Paragraph 1 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6l13. Subsequent to 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 Cumberland. County SheriWs 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. Plaintiff'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 of the hearing. If entered pursuant~onsent of plaintiff and dert{:.t: ,a.,uu /J/{ "'./ ") ~ .-U:: Plaintiffs Signature Defendant's Signature A\OJjjI, Herbert Richard;'iWolfe, II, have been ~~ 'of my right to counsel in this matter. advised &li --~tlln J1"W~~MWI!M~~1J~..:;;i;j\1Eiillf~ffillllr~~'im!ml11>l~ii_'IaIJ!I;::lIitib1U1I:1'flIll ~L~ ~~,~\ ~~ U,^ C') '~-, w-- . ">- tc ...::( <D -" ?!"~ _c 6: ~ :::JA" ().? O~ -. <:1 ::J ,--,,~ :~~ ~Drl.. > ::5 0, C0 -~,,\ :=j -, C! C'J llilI!iiI!ltlliM.! O~M~I!IHLllfl - "" rp ," ~~ .." "' ~.'",", " c' ,~ ~ __, '" - Distribution to: LEGAL SERVICES, INC. Joan Carey, Attorney for Plaintiff ~ fj. A .51. Herbert Richard Wolfe, II, Defendant 614 York Circle ~ c.y, 1-13./rf) Mechanicsburg, PA 17055 FAXed & Mailed to PSP r(}.x~ 7, \~'6G ~ yS\> -'~ 07/13/00 TBU 14:51 FAX 717 240 6573 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT "'-, fJ CUMB CO PROTHONOTARY 1i!I001 ********************* *** TX REPORT *** ********************* 00 - 47B()- 1993 92490779 07/13 14:47 04'19 7 OK ,-'-'m'_'~ CASE NO: 2000-04752 P SHERIFF'S RETURN - REGULAR "" COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOLFE HERBERT RICHARD II VS JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within NOTICE OF HEARING & ORDER was served upon WOLFE HERBERT RICHARD II the , 2000 DEFENDANT , at 0013:05 HOURS, on the 7th day of July at CUMBERLAND CO. SHERIFF'S DEPT. 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to HERBERT RICHARD WOLFE II a true and attested copy of NOTICE OF HEARING & ORDER together with TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION FOR PROTECTION FROM ABUSE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 Sworn and Subscribed to before me this 20 day of 3'u.L2 .:1000. A.D. ?fq., J fit;g,~~. ~ so;;~~! R. Thomas Kline 07/07/2000 By: Qo~ 5-~ De uty Sheriff