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HomeMy WebLinkAbout97-01007 GAIL MARIE FAIINESTOCK, Plaintiff IN TilE COURT OF COMMON ('LEAS OF v, CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- .}P()~l,. CIVIL TERM DENNIS EARL FAIINESTOCK, Sit, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORI>ER AND NOW, this _l"_~f February, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Gail Marie Fahnestock. now residing at 3284 Spring Road, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Dennis Earl Fahnestock, Sr., the following Temporary Order is entered, The defendant, Dennis Earl Fahnestock, (SSN: 164-58-1 7(6)(DOB: 12/20/(3), currently incarcerated in Cumberland County Prison, Carlisle, Pennsylvania, is hereby enjoined from physically abusing the plaintiff. Gail Marie Fahnestock, or Irom placing her in fear of abuse, The defendant is excluded from the plaintil1's residence located at 3284 Spring Road, Carlisle, Cumberland County, Pennsylvania, a residence which is owned by her parents, Ronald and Joan Ludwig, and is ordered to stay away from any residence the plaintiff may in the future establish for herself The defendant is ordered to refrain trom having any direct or indirect contact with the plaintiff including, but not limited to, telephone and wrillen communications, The defendant is enjoined from harassing and stalking the plaintiff and trom harassing her relatives, The defendant is enjoined trom removing, damaging. destroying or selling any property owned jointly by the parties or owned by the plaintitr. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa,C.S, ~6113.1; iii) a charge of indirect criminal contempl under 23 Pa,C,S. ~6114, punishable by imprisonmenl up 10 sil months and a line ofSIOO.OO-SI,OOO,OO; and iv) civil contempt under 23 Pa,C,S. ~6114.1. Resumption of co-residence on Ihe part of the plaintiff and defendant shall not nullify the provisions of Ihe court order, This Order shall remain in etfect until modified or temlinated by the Court and can be extended beyond its original expiration datc if the Court finds that the defendant has com milled an act of abuse or has engaged in a pallern or practice that indicates risk of harm to the plaintitT. A IIEARING SIIAI.I. BE m:u> ON TillS MA'nER ON m 'I tlo ' ? ' 1997, AT ::{: ~(J p .M., IN COllRTROOM NO. --5.:.., OF TilE ClIMBERI.AND COUNTY COlJRTIIOlIS.:, CARUSU:, PENNSYI.VANIA, The plaintifl'may proceed without pre-payment of fees pending a fiJrther order after the hearing. The Cumbcrland County Shcril1's Department shall allempt to make servIce at the plaintil1's request and without pre-payment of fees, but scrvice may be accomplished under any applicable rule of Civil Procedure This Order shall be docketed in the otlice 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 Middlesex Township Police Department shall be provided with a certified copy of this Order by the plaintill's allorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrcst 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 otlicer, In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order, When that court is r-.:~ ;-;1 r-f~_:,''''-:;:,: . " ~/i (;7 .~:.., -, ; r}~ ~ ~ -''''''' \, c.., '".; .,1'.'1.. grenade and threatened to use it to blow up the plaintiffs parcnts' home with them inside, The plaintiff, fcaring for her safcty, went to her parents home, Her parents accompanied the plaintiff to the Middlesex Township Police Department, reported the incident, and simple assault charges were tiled against the defendant. On or about February 21, 1997, the plaintin'sought medical treatment at Carlisle Hospital for injuries shc sustained as a result of this incident. On February 21, 1997, the defendant was apprehended by Middlesex Township Police on the simple assault charges, and at that time the police also discovcred the grenade in the defendant's vehicle. Thc Carlisle Sentincl newspapcr reported that a bomb disposal unit from Fort Indiantown Gap assisted in removing the grenade from the vehicle, and it was later determined to be a military smoke grenade. The defendant was arrested, charged with simple assault, and taken to Cumberland County Prison. A preliminary hearing is scheduled on February 26, 1997, at 9:00 a.m" before District Justice Day, b) On or about February 17, 1997, the defendant threatened to kill the plaintiff during an argument. c) On or about February 15, 1997, the defendant kicked the front door, breaking the glass out of the storm door, grabbed the telephone from the plaintift's hand as she spoke to her mother, threw the telephone from the residence out into the yard, and threw a second telephone across the room against the microwave. When the plainlift's father arrived and tried to calm the detendant, the defendant brandished a knife, d) On or about February 13, 1997, the defendant became angry while driving with his 3-year old daughter and the plaintiff in the truck, and when the plaintiff told him that he did not care about her, he told her he would show her how much he cared, then sped down the road and drove recklessly careening from one side of the road to the other, causing the plaintiff and the child (who was not restrained in a seat belt or car seat), to fear for their safety. e) Since approximately 1996, the defendant has abused the plaintiff in ways including, but not limited to, pushing and shoving her about, grabbing her by the arms, kicking her, and intimidating her by smashing, breaking and throwing household objects, 5, The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she remain in the home without the defendant's exclusion 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 limited to, telephone and wrillen communications. 7, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives. 8, The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the partics or owned by the plaintiff. B, EXCLUSIVE POSSESSION 9. The mobile home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of Ronald and Joan Ludwig, C. SUPPORT 10. The defendant has a duty to support the plaintiff. II. The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage and payment ofunrcimbursed medical cxpenses for her, 12 The defendant is employed at the Carlisle Stock Market. The amount of the defendant's income is unknown to the plaintin~ 13. The plaintifi" 's income is insufficient to provide lor her minimal needs until such time as a support order can be obtained by filing at the Domestic Relations Office. 14. The plaintitfintends to petition for support within two wccks of the issuance ofa protection order. 1>. LOSSES ANI> REIMBURSEMENT FOR COST OF CASE 15. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A allached. 16. Ordering the defendant to pay $250,00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of allomeys' fees, as reimbursement for the cost of litigating this case and assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P,S. ~6101 ~! llil.. 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 from placing her in fear of abuse; 2, Ordering the defendant to refrain from having any dircct or indirect contact with the plaintin' including, but not limited to, telephone and wrillen communications; 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives; 4. Prohibiting the delendanl from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff, and 5, Granting possession of the mobile home located at 3284 Spring Road, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this maller. B. 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: 1. Ordering the defendant 10 refrain from abusing the plaintiff or 1T0m 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 wriuen communications, 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives, 4, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintilT. 5. Granting possession of the mobile home located at 3284 Spring Road, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this maUer. 6, Granting support to the plaintifi'in the amount of $50,00 per week payable to the plaintiff in the form of a check or money order, mailed to her , GAIL MARIE FAIINESTOCK, Plaintiff IN TIlE COURT OF COMMON PLEAS OF i~ CUMBERLAND rOUNTY,l'ENNSYLVANIA v, NO. 97-1007 CIVIL TERM DENNIS EARL FAIINESTOCK, SR, Defendant PROTECTION FROM ABUSE CONSENT AGRHMENT /Iv This Agreement is entered on this _~1.__. day of March, 1997, by the plaintiff, Gail Marie Fahnestock, and the defendant, Dennis Earl Fahnestock, Sr, The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC; the defendant is unrepresented but is aware of his right to have an allomey. The parties agree that the following may he entered as an Order of Court, 1. The defendant, Dennis Earl Fahnestock, Sr" agrces to retrain from abusing the plaintiff, Gail Marie Fahnestock, or Irom placing her in fear of abuse. 2, The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives. 3, The defendant agrees not to remove, damage, dcstroy, or sell any property owned by the plaintiff or jointly owned by the parties, 4. The defendant agrees to stay away from the plaintiffs residence located at 3284 Spring Road, Carlisle, Cumberland County, Pennsylvania, and the defendant agrees to stay away Irom any residence the plaintifr may in the future establish for herself 5, ", The defendant agrees to reim rse the plaintitl's out-of:pocke losses of $324.80 sutlcred as a resOI,~: the abuse including but not 'nitcd to the losses listed on th \lached sheet ~ marked Exhibit A. ' e defendant agrees to mak ayments of $81.20 per 010 th to th~ plaintiff on the 15th day each month. commencing ith March 15. 1997, with t total ~ amount of losses of $324,80 to reimbursed to the plaintitl' ithin 120 days (4 months) 0 ~ " '\ I " ~ N\ i ~ ,.., ~j '* -l i . ,. It' ~ . ' , ,- t '. ~ ( , t'" 1,. , C f" " , , ,. , ;-- L " , ",. O:-J C. LJ', 1-:-; , " , IU l ',' r~ l L'.. , . , ,- ll.' - 0' , , I . Q'. , lL.." fo- " -'!I LJ.- . ;:: i. :'j II. r- U -" ':'.J ~ 'ONI 'S30IAH3S lVD3l 'k-llV ' A9JllO UllOr 6~ paU:l 3dI03Vlld ~UllpuaJao '~OOlS3NHV:l lHV3 SINN30 '^ JJI~Ulllld '~OOlS3NHV:l 3IHVH lIVO HH31 lIAIO LOO~-L6 'ON