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HomeMy WebLinkAbout97-01001 Chad D. Fisher, Plaint i rr IN TilE COURT OF COMMON PLEAS OF CUMnERLANU COUNTY, PENNSYLVANIA v, Gregory S. Martin, Defendant NO.97-CIVIL TERM 97- 100' PROTECTION FROM ABUSE '1IM. PRO'l'ECTIQN OR()J~B AND NOW, thisL- d/lY of M/lrch. 1997, upon consideration of the Consent Agreement of the parties. the following Order is entered: I. The defendant. Gregory S, Martin, is enjoined from physically abusing the plaintiff, Chad 0, Fisher, or from placing him in fear of /lbuse, 2, The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, J, The defendant is ordered to refrain from harassing and stalking the plaintiff /lnd from harassing the pl/lintiff's relatives, 4. The defendant is prohibited from removing, dam/lging, destroying or selling any property owned by the plaintiff. 5, The defendant is ordered to stay aW/lY from the plaintiff's residence located at 7 North Morris Street, Shippensburg, Cumberland County, Pennsylvani/l /lnd any other residence the plaintiff may establish. ~ I' i , 6, The court costs and fees arc waived, 7, This Order shall remain in effect for a period of one year or until modified or terminated by the Court. The Order can be extended beyond its original expiration date if the Court finds that the defendant has committed anothim act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff, 8. This Order may subject the defendant to: i) arrest under 23 Pa.C,S, ~6113; ii) n private criminal complaint under 23 Pa.C,S, ~6113,1; i i i) a charge of indirect criminal contempt under 23 Pa,C,S, ~6114, 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, ~6114,I, Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order, 9, The Pennsylvania State and Mid Cumberland Valley Regional Police Departments shall be provided with certified copies of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whethim or not the violation is committed in the presence of a police officer, In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay of fees, but 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 the defendant by mail. The Mid-Cumberland Valley and Pennsylvania State Police Departments wil I be provided with certified copies of this Order by the plaintiff's attorney, This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer, In the event that an arrest is made under this sect ion, the defendant shal i be taken without unnecessury delay before the court that issued the order, When thut court is unuvai lable, the defendant shall be taken before the appropriate district justice, (23 Pa,C,S, ft 61 t 3) , udge Chad D, Fisher, Plaintiff tN THE COURT OF COMMON PLEAS OF v, CUMBERLAND COUNTY, PENNSYLVANIA /01' I NO,97- CIVIL TERM Gregory S, Martin, Defendant PROTECTION FROM ABUSE NOT ICE You have been sued in court, If you wish to defend against the claims set forth in the following pages. you must take action promptly after this Petition, Order and Notice are 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 are warned that if you fai I to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed 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 and 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 Legal Services, Inc, for their representation of the plaintiff, 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 I?OIJ TELEPHONE NUMBER: ( 717) 240-6200 AMERICANS WITH DISABtLITIES 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, a. On or about Februllry 15, 1997, the defendant grabbed the plaintiff by the arm, twisted his arm behind his back, threw him to the floor, and restrained him by placing his knees on the side of the plaintiff's legs. Later that evening, the defendant grabbed the plaintiff, threw him onto a bed, and forcefully choked him causing marks on his neck, The defendant then sat on the floor blocking the door so the plaintiff could not leave, When the plaintiff tried to leave, the defendllnt repeatedly shoved him away. The defendant repeatedly poked and hit the plaintiff with a metal instrument causing bruises, cuts, and bleeding, b, On or abou t February 14, 1997, t he de fendan t kicked the plaintiff in the chest knocking him to the floor causing bruises on his chest, c. On or about January 26, 1997, the defendant punched the plaintiff's face twice causing the plaintiff to suffer a bloody nose and a black eye. d, On several different occasions since 1995, the defendant has shoved, slapped, threatened, and restrained the plaintiff, The defendant has on several occasions applied excessive pressure to areas including the plaintiff's hip, ear, and hand causing him pain, 5, The plaintiff believes and therefore avers that he is in immediate and present danger of abuse from the defendant and 2 that he 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 limited 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 the West End Fire and Rescue Company when the plaintiff is on duty there or when the plaintiff is performing any company related tasks. 9, The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or sell ing any property owned solely by the plaintiff, B. EXCLUSIVE POSSESSION la, The home which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. II, The defendant lives at his parents' residence which is located at IDa North Prince Street. Shippensburg. Pennsylvania, C. REIMBURSEMENT FOR COST OF CASE 12, The plaintiff asks that the defendant be ordered to pay $250,00 to reimburse one of Legal Services, lnc, 's funding sources for the cost of litigating this case, j WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7. 1976, 23 Pa,C,S, ~ 6101 tl seq., as amended, the plaintiff prays this Honorable Court to grant the following relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff or placing him in fear of abuse. 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not I imited to. telephone and written communications. 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, 4, Prohibiting the defendant from entering the West End fire and Rescue Company when the plaintiff is on duty there or when the plaintiff is performing any company related tasks, 5. Prohibiting the defendant from removing. damaging, destroying or sel ling property jointly owned solely by the plaintiff. 6, Ordering the defendant to stay away from the plaintiff's residence located at 7 North Morris 4 Street. Shippensburg. rumberlnnd County. Pennsylvnnia. and any other residence the plaintiff may establish, 0, schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: I, Ordering the defendant to refrain from abusing the plaintiff or placing him 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, ], Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, 4, Prohibiting the defendant from entering the West End fire and Rescue Company when the plaintiff is on duty there or when the plaintiff is performing any company related tasks. 5, Prohibiting the defendant from removing, damaging, destroying or sel ling property owned solely by the plaintiff, 6. Ordering the defendant to stay away from the 5