HomeMy WebLinkAbout97-00794
6. On December 30. 1996, Defendant made numerous telephone calls to Plaintiffs
place of employment in order to harass Plaintiff,
7. On December 30, 1996, Defendant. with closed fist. hit Plaintill' in the face.
resulting in a bruise,
7, From January Ito January 4.1997, Defendant held Plaintiffagainsl her wishes
and will in their hotel room, struck Plaintiff numerous times in the face and on the body with
closed fists causing her to fall to the floor, and kicked her in the abdomen and back, choked her
by squeezing her throat with his hands, and withheld food from her throughout the four-day
period,
8, On the morning of January 4, 1997, Plaintiff escaped to another room of the motel
and sought safety from a friend who was occupying the room, Defendant forced his way into this
rOOln against the desires of the legal occupant. and in the presence of the friend of the Plaintiff,
again choked the Plaintiff by squeezing his hands around her throat and threatened to kill her,
9, The Middlesex Township Police were notified on January 4. 1997. Photographs of
Plaintiffs bruises were taken and charges were filed against the Defendant.
10, Plaintiff believes and therefore avers that she will be in immediate and present
danger of serious abuse from Defendant and that she is in need of protection from abuse,
WHEREFORE. pursuant to the provisions of the "Protection From Abuse Act" 23
Pa,C,S, 96101 et seq" Plaintiff prays this Honorable Court to grant the following relief:
A, Grant a Temporary Order pursuant to the "Protection From Abuse Act".
I) Require the Defendant to refrain from abusing the Plaintiff either personally or
through his agents;
2) Require the Defendant to refrain from harassing the Plaintiff either personally or
by telephone at her place of employment.
3) Exclude the Defendant from any premises where the Plaintiff is residing,
B, Schedule a hearing in accordance with the provisions of the "Protection From
Abuse Act", and
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN PROTECTION FROM ABUSE
Linda Friend,
Plaintiff
Jeffrey Friend,
Defendant
.
.
: NO. 97-794 CIVIL TERM
ORDER
And now this ". day of
.nJa.c. c..~
,1997, upon
consideration of the Consent Agreement submitted by the parties,
the following Order is entered.
1. Jeffrey Friend agrees to the entry of this Order without
admitting the allegations set forth in the Protection from Abuse
Petition.
2. Jeffrey Friend is ordered to refrain from physically
abusing or harassing Linda Friend, or placing her in fear of abuse,
either personally or through his agents.
3. Jeffrey Friend is ordered to stay away from Linda Friend's
current residence at the Albright Motel, 1165 Harrisburg Pike,
Cumberland County, Pennsylvania, or any residence she occupies
during this Order.
4. Jeffrey Friend is ordered not to have any direct or
indirect contact with Linda Friend including, but not limited to,
telephone and written communications, except for the limited
purpose of facilitating arrangements for the filing of joint income
tax returns for 1996.
5. This Order shall remain in effect for a period of one (1)
year and can be extended beyond that time if the Court finds that
the defendant has committed an act of abuse or has engaged in a
pattern or practice that indicates risk of harm to the plaintiff.
The defendant understands that this Order will be enforceable in
the same manner as the Court's prior Temporary protection Order
entered in this case.
6. A violation of this Protection Order may subject the
defendant to: i) arrest under 23 Pa.C.S. 56113; ii) a private
criminal complaint under 23 Pa.C.S. 56113.1; iii) a charge or
indirect criminal contempt under 23 Pa.C.S. 56114, punishable by
imprisonment up to six months and a fine of $100.00-$1,000.00; and
iv) civil contempt under 23 Pa.C.S. 56114.1. ae.umption of 00.
residence on the part of the plaintiff and defendant eball not
nullify the provisions of the court order.
7. The Middlesex Township Police Department shall be provided
with a certified copy of this Order by the plaintiff's attorney.
This Order shall be enforced by any law enforcement agency whore a
violation occurs by arrest for indirect criminal contempt without
warrant upon probable cause that this Order has been viola~ed,
whether or not the violation is committed in the presence of the
police officer.
In the event an arrest is made, under thb
section, the defendant shall be taken without neceesary delay
before the court that issued the order.
When that court is
unavailable, the defendant shall be taken before the appropriate
district justice pursuant to 23 P.S. 56113.
By the Court,
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN PROTECTION FROM ABUSE
NO. 97-794 CIVIL TERM
Linda Friend,
Plaintiff
Jeffrey Friend,
Defendant
This agreement is
CONSENT AGREEMENT
..-v;, ...t1, i.
entered on this.J - day of /dt'l!{'rr 1997, by
the plaintiff, Linda Friend, and the defendant, Jeffrey Friend.
The plaintiff is represented by Lindsay Baird, Esq. The defendant
is represented by The Family Law Clinic. The parties agree that
the following may be entered as an Order of Court.
1. Jeffrey Friend although entering into this Agreement, does
not admit the allegations made in the Petition.
2. Jeffrey Friend agrees to refrain from physically abusing
or harassing Linda Friend, or placing her in fear of abuse, either
personally or through his agents.
3. Jeffrey Friend agrees to stay away from Linda Friend's
current residence at the Albright Motel, 1165 Harrisburg Pike,
Cumberland County, Pennsylvania, or any residence she occupies
during this Order.
4. Jeffrey Friend agrees not to have any direct or indirect
contact with Linda Friend including, but not limited to, telephone
and written communications, except for the limited purpose of
facilitating arrangements for the filing of joint income tax
returns for 1996.
5. The defendant understands that the Protection Order
entered in this matter will be in effect for a period of one (1)
year from the date it was entered and can be extended beyond that
time if the Court finds that the defendant has committed an act of
abuse or has engaged in a pattern or practice that indicates risk
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