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HomeMy WebLinkAbout97-00169 \ ~ \l ~ ~ \. -I!. ~ -.. ~ "I ~ :J d ~ o > " ~ ..3 :---- I ~ Charlene A. Wevodau, Plllint i ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. lJ7- CIVIl. TERM Barry Wintermyer, Defendllnt PROTECTION FROM ABUSE NOTrCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must tuke action promptly after this Petition, Order and Notice arc served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You ure warned that if you fail to do so the Court may proceed without you, Ilnd Il judgment may be entered against you by the Court without further notice for any money clllimed in the petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing Ilnd the jUdge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Leglll Services, Inc. for their representation of the plllintiff. You should take this paper to your lawyer at once. 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMRER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberlllnd County is required by law to comply with the Americans with Disllbilities Act of 1990. For information about accessible facilities Ilnd rellsonable accommodations availllble to disabled individullls having business before the court, please contllct our office. All arrangements must be made Ilt lellst 72 hours prior to any hearing or business before the court. You must Ilttend the scheduled conference or hearing. fall to the floor. As a result of this incident, the plaintiff had a bruise on her forchend and two black eyes. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limitcd to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment. 9. The plaintiff desires that thc defendant be enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. n. EXCLUS I VE POSSESS ION 10. The mobile homc which thc plnintiff is asking the Court to order the defcndant to stay awny from is not owned or rented in the defendant's nnme. II. The defendant has his own residence located at 5515 Creekview Rond, Mechanicsburg, Pennsylvanin ~~F,J~nVRSEMENT FOR COST OF CASF, 2 12. The plaintifj asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc. 's funding sources for the cost of litiguting this case. A. Grunt a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to rcfrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harussing the plaintiff's rclatives. 4. Prohibiting the defendant from entering the plnintiff's placc of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 17 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania, and any other rcsidence the pluintiff may establish. B. Schedule a hearing in accordance with the provisions of 3 the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing thc plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct Dr indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stulking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the dcfcndant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defcndant to stay away from the plllintiff's residence located at 17 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania, and any other rcsidence the plaintiff may establ ish. 7. Ordering thc defendant to pay $250.00 to reimhurse onc of Legal Serviccs, Inc. 's funding sOllrces for the cost of litigating this case. The plaintiff furthcr asks that this Petition be filcd and 4 I ~ f 1'11(1 nhO\'fl-IIHIIII.d plnint i rr, ('hHI'lf'llf' ,\. V.'I'Vfldllllt vp"i fif's l.hnt. till> Ht.llt.pmPllt,~ lIIud(' ill till' nlHI\'I' 1'1-1 it illll HI'P t "lit> and fOOl"'''''' . 'I'll" plaintiff' lllldf','sIHflds 111111 fillsI' stlltf'lIIl'nl.s lp'J'f'ill ,,,',- 1111111.. ,,"b.i..'" 10 lit.. 1"'lIl1lt.il''' "rIB I'II.('.S. ~ ,l~l(),l r'I'II\I.i,,~ In lUIHwn,'U f'nlsirit'lIl.iflfj III Hlltllllt'ill"~i. nlll..: j- q- 97 -------- "- Cll\Ch,-Q.~Q1J ~u^-- Chlll'1..."" ,\. Wl'vodll", Pllli,,1 rr " .j " -..;~ -.j~ '- 9 i ) ~ 'r- - . J < 'j l o ~ S '-- ,~l 1I. - ," -. \.I' ,-. , p ( <.., ' () ,: L.J, ..J rl- ,- ! ,. , - l_ l . ,.: , I I lIl' ( . C.: J , tl, C !' , .i l -.. ,~ ( .- CHARLENE A. WEVODAU, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 97-169 Civil Term BARRY WINTERMYER, Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this j)'~'~ay of 9"''''Ufi<<t request of the Defendant, Barry Wintermyer, , 1997, upon it is hereby Ordered that a hearing in connection with the Petition for Protection from Abuse filed by the Plaintiff shall be heard on ~~ 7(1& '"- ~ the day of U1 C;,U , 1997 at '1/: ~/) 11ft. in Courtroom No. 3 of the Cumberland County Court House, One Court House Square, Carlisle, Pennsylvania. It is further Ordered that the attorney for the Defendant shall serve a certified copy of this Order attorney and notify all parties. g...(~'I' Ir- ~ ~ ~~~':~f1o;'T' Plaintiff's ,.. upon the frrk.r f~ / i, ~ .' '''''' ',' ... "" ... "',. , .'\1: c:-~ ~ - ~ 'I - - €) '1 J )=" 0( H Ulo( 0(> ~...:1 ...:1>< P<Ul ze ZZI-< O~al :EP<E-< :E o '.-i U ><'M E-<> r..z-.-< o::>u o E-<U I>: '" ::>010 OZ~ Uo(l ...:1f"- ~I>:'" :I:~ E-<II: :E . z::> :0 HUZ ::> ~ o > ~ III > I>: ~ >< :E I>: ~ E-< Z H :3: >< I>: I>: 0( III E-< I>: ::> o U r.. o I>: ~ o pc: o ~ ! 1:11 ~ i ~~~I ~ !'!l . 0( ~ Z ~ ...:1 I>: 0( :I: U ... "-" . - . J} Charlene A. Wevodau, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Barry Wintermyer, Defendant No. 97-169 CIVIL TERM ~ORDER OF COURT AND NOW, this _10:.___ day of March, 1997, upon consideration of the attached Praecipe to Withdraw Action, the hearing previously scheduled in this matter for March 7, 1997, is CANCELLED and the Temporary Protection Order dated January 10, 1997, and the Orders for Continuance dated January 17, 1997, and January 23, 1997, are VACATED. By the Court, Joan Carey Attorney for Plaintiff Arthur K. Dils Attorney for Defendant .... e ~,tJu'.L . IJ ,.q\..'I.L<l ~ /IL I ~"I. .~ V. , ." i:'; . , . ..\ Lb . . I .~ . I ..j '....:.. I .~ . ~ . t r No. _~?..::...ll!LC:;jyjJ.......I~r:m Sha..r:J~l'le~A ...'fI!:ly.9J:l!!L.._L....Pl..~int;,..lif VB. ..J3ar:.D'..\itn t..EtrJ!l..Y~L__ __....._R.!3f end an t P RAE C I P E Fi led 19 97 _.._J..QfI!l..C:;ar:~L.. , Atty. __..LEGt\L SERVICES. INC. .. ., '") -.J I " -- () 0 ! .. ) ,0 " " '"' ..,0 .. o