HomeMy WebLinkAbout02-5855Michelle Lee Gardenhour,
Plaintiff
VS.
Troy Allen Gardenhour,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 02- ~ 5~.5.-~ CIVIL TERM
: 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 this matter is scheduled on the /~Oaayof~Lt& ,2002, at I;30 tO
~ t~ -- .m., in
Courtroom No.__ on the 4 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 criminal contempt which is punishable by a fine of up 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 U.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 WITH 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 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.
Michelle Lee Gardenhour,
Plaintiff
Troy Allen Gardenhour,
Defendant
1N THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
No.
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Troy Allen Gardenhour
Defendant's Date of Birth is: October 18, 1973
Defendant's Social Security Number is: 211-68-7053
Name(s) of All protected persons, including Plaintiff and minor children:
1. Michelle Lee Gardenhour
AND NOW, on 9th Day of December, 2002 upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
Plaintiff's request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the 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 Plaintiffs school, business, or place of employment.
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:
- Defendant is prohibited from having any contact with Plaintiff's relatives
and Plaintiff's children listed in this petition, except as the court may find
necessary with respect to partial custody and/or visitation with the minor
children.
- Defendant shall not damage or destroy any property owned jointly by the
parties or solely by the Plaintiff.
5. A certified copy of this Order shall be provided to the police department where
Plaintiffresides and any other agency specified hereafter:
Pennsylvania State Police
6. The sheriff, police or other law enfomement 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. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL JUNE 9, 2004 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 in jail. 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 plaintiffs
residence OR any location where a violation of this order occurs OR where the
defendant 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 of law enforcement.
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 Sheriffs office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weapon/s are evidence of a~cri~hich
case, they shall remain with the law enforcement agency v~hoS~-ofl~c~ade the
arrest. / ~' /~J
Judg~
Date
Distribution to:
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Faxed & Mailed to PSP
,> 1,2-lO'Ooq
1
Michelle Lee Gardenhour,
Plaintiff
Troy Allen Gardenhour,
Defendant
PFAD Number: RH 1592614T
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
No.
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
Plaintiffs name is:
Michelle Lee Gardenhour
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. Michelle Lee Gardenhour
4. Plaintiffs Address is: 13 Lynn Avenue, Newburg, PA 17240
5. Defendant's Name is:
Troy Alien Gardenhour
6. Defendant is believed to live at the following address:
13882 Lower Edgemont Rd., Wayneboro, PA 17208
7. Defendant's Social Security Number is:
211-68-7053
8. Defendant's Date of Birth is:
October 18, 1973
9. Defendant's Place of employment is:
Masters Manufacturers, 20 Wolfsbridge Rd, Carlisle, PA
10. Defendant is an adult.
11. The relationship between the Plaintiff and the Defendant is:
Spouse
12. The Plaintiff and the Defendant been involved in the following court actions:
a. Custody
13. Other details of the court action are:
Filed for custody in Cumberland County December 2002.
14. The defendant has been involved in a criminal court action.
15. The defendant is not currently on probation /parole
16.
Plaintiff and Defendant are the parents of the following minor child/ren:
a. Marissa Paige Gardenhour
Age:6 years
Child's address is: Confidential
b. Madison Jade Gardenhour
Age:2 years
Child's address is: Confidential
c. Megan Alexis Gardenhour
Age:16 mos
Child's address is: Confidential
17. The facts of the most recent incident of abuse are as follows:
18.
On or about December 1, 2002, Defendant came to Plaintiff's home to visit the children.
Defendant went upstairs and started to go through a box in the closet. When Plaintiff
asked Defendant to stop, he refused. Defendant then began to verbally abuse Plaintiff
while clenching his jaw, causing Plaintiff to feel intimidated.
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:
Since September 2002, Defendant has been on bail with conditions set forth that he not
come to the residence and that he not be with Plaintiff alone. Despite these conditions,
Defendant has come to the residence on 2 seperate occasions unexpectedly and without a
third person.
On or about September 22, 2002, Defendant choked Plaintiff. Defendant then told
Plaintiff that he wanted to talk to her about how he was going to kill her. Defendant
broke the cordless telephone and pulled the other telephone out of the wall. When
Plaintiff attempted to flee the residence, Defendant and told Plaintiff that she was not
going to leave. As a result, Defendant was charged with simple assault, terroristic threats
and harassment.
On or about September 15, 2002, Defendant was physically threatening to Plaintiff by
standing very close to her, yelling in her face and waving his hands around menacingly.
Defendant told Plaintiff that he wanted her dead. A few minutes later, Defendant's mood
switched and he began to cry. Defendant then banged his head against the basement wall
so hard that he fell to the floor.
During the past 5 years of the parties relationship, Defendant has been frequently
physically threatening to Plaintiff by standing very close to her, yelling in her face and
waving his hands around menacingly and/or pushing her. Defendant had pushed,shoved
and grabbed Plaintiff on several different occasions. On one occasion, Defendant grabbed
Plaintiff and threw her out of the bedroom. Defendant frequently talks to Plaintiff about
ways he is going to kill her and had threatened to commit suicide on more than one
occasion. Defendant is diagnosed as bi-polar. As a result, of Defendant's violent history
and current state of mind, Plaintiff fears for her personal safety.
19. The police department(s) or law enforcement agencies that should be provided with a copy of
the protection order are:
Pennsylvania State Police
20.
21.
There is an immediate and present danger of further abuse from the Defendant.
FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER
A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD
DO THE FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking
Plaintiff and/or minor child/ren in any place where Plaintiff may be found.
Prohibit Defendant from having any contact with Plaintiff and/or minor
child/ren, either in person, by telephone, or in writing, personally or through
third persons, including but not limited to any contact at Plaintiff's 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.
Prohibit Defendant from having any contact with Plaiutiffs 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. Order the following additional relief, not listed above:
Defendant shall not damage or destroy any property owned jointly by
the parties or solely by the Plaintiff.
Grant such other relief as the court deems appropriate.
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.
Date:
Respectfully submitted,
· , .-%//'
Philip C. Br~anti, Attor~.y for Plaintiff
Joan Carey, Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts
and statements contained in the above Petition are true and correct to the best of my
knowledge. I understand that any false statements are made subject to the penalties of 18
Pa.C.S.§4904, relating to unsworn falsification to authorities.
Michelle Lee Gardenhour, Plaintiff
12/10/02 TL~ 10:$7 FAX 717 240 6573 CU~qB CO PROTHONOTARY ~001
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OFFICE OF THE PROTHONOTAKY
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 - 3387
(717) 24 0 - 6195
FAX (717) 240- 6573
V1ATELECOPIEK
TO:
FAX #
FKOM:
RE:
PA STATE POLICE - CENTRAL PROCESSING
MIDPENN LEGAL SERVICES
CURTiS lA LONG
FAXING A PFA
lVI~SSAGE:
8 NO. OF PAGES (INCLUDING COVER SHEETS)
This message is intended for the use of the individual or entity to which it is addressed, and it may contain
Information that i$ privileged, confidential and exempt from disclosure under applicable law. If the reader
of this message is not thc h~tendcd recipient, you are hereby not/fled that any dis~ammation, distribution or
copying of this communication is strictly proh~ited. If you have received this communication in error,
please notify us immediately by telephone and return the original message to us at the above address via the
Michelle Lee Gardenhour,
Plaintiff
Troy Allen Gardenhour,
Defendant
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: No. 02-5855
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name: Troy Allen Gardenhour
Defendant's Date of Birth: October 18, 1973
Defendant's Social Security Number: 211-68-7053
Names and Dates of Birth of All Protected Persons, including Plaintiff and
minor children:
Names
1. Michelle Lee Gardenhour
Dates of Birth
July 18, 1975
Plaintiff or Protected Person(s) is/are:
IX]
[]
[1
[]
[]
[1
[]
[]
[]
spouse or former spouse of Defendant
parent of a common child with Defendant
current or former sexual or intimate partner with Defendant
child of Plaintiff
child of Defendant
family member related by blood (consanguinity) to Defendant
family member related by marriage or affinity to Defendant
sibling (person who shares biological parenthood) of Defendant
current or former cohabitant (person who lives with) Defendant.
Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided
notice of the time, date and location of the hearing scheduled in this matter.
Appearances by Parties and/or Counsel:
· Plaintiff appeared personally and is represented by:
Philip C. Briganti
· Defendant appeared personally and is represented by:
Kara W. Haggerty
AND NOW, this 18th Day of December, 2002 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 tbllowing order will be
entered:
Plaintiff's request for a final protection order is granted.
Defendant shall not abuse, stalk, harass, threaten or attempt to use physical
force that would reasonably be expected to cause bodily injury to the Plaintiff
or any other protected person in any place where they might be found.
2. Defendant is completely evicted and excluded from the residence at:
13 Lynn Ave., Newburg, Cumberland County, Pennsylvania
or any other residence where Plaintiff or any other person protected under
this Order may live. Exclusive possession of the residence is granted to
Plaintiff. Defendant shall have no right or privilege to enter or be present on
the premises of Plaintiff or any other person protected under this Order.
Defendant is prohibited from having ANY CONTACT with the 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
employement. Defendant is specifically ordered to stay away from the
following locations for the duration of this order.
Non-harassing telephone contact between the parties, and such other
non-harassing contact as is necessary to facilitate Defendant's visitation
with the parties' children, shall not be considered a violation of this
Order.
4. The following additional relief is granted as authorized by §6108 of the Act:
- Defendant shall not damage or destroy any property owned jointly by
the parties or solely by the Plaintiff.
The court costs and fees are waived.
5. A certified copy of this Order shall be provided to the police department
where Plaintiff resides and any other agency specified hereafter:
Pennsylvania State Police
6. THIS ORDER SUPERSEDES:
1. ANY PRIOR PFA ORDER
7. All provisions of this order shall expire on: December 18, 2003
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH 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, U.S. TERRITORIES AND
THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE
AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF
THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY
BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT
ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY
AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE
CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS
PENNSYLVANIA ORDER DOES NOT EXPRESSLY iPROHIBIT YOU
FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8).
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiff's 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 Paragraphs 1 through 3 of this
order may be without warrant, based solely on probable cause, whether or not
the violation is committed in the presence of the police. 23 Pa.C.S. {}6113.
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 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.
Plaintiffs presence and signature are not required to file the complaint.
If sufficient grounds for violation of this order are alleged, the def_e.n~l~
be arraigned, bond set and both parties given notice of ~he ~ffihT~-
Edgar B.'~ayle}, Ju/dge
Date
Entered pursuaat to the consent of,plaintiff and defendant:
Plaintiff's Signature
Defendant's Signature
Distribution to:
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o..P .R S
1.2.- Ilg-Og-
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Ol FICE OF THE PROTHONOTARY
C IMBERLAND COUNTY COUK'[I-IOUSE
0 ~ COURTHOUSB SQUARB
C AKLISLB, PA 17013 - 3387
(917) 24 0 - 6195
IA3[ (717) 240 - 6573
,VIA TELI~COPIEK
TO:
FAX#
FROM:
R.E:
PA STATE POLICE - CENTRAL PROCESSING
MIDPENN LEGAl- SERVICES
MBSSAGE:
CURTIS R. LONG
FAXING A PFA
8 NO. OF PAGB,q (INCLUDING :OVBK SHBETS)
This mesaage ia intended for the ust f the individual or entity to which it is address,d, and it may contain
Information that is privileged, confidential and ex~mpt from disclosure under applicable law. If the reader
· not the intended cipieut, you are hereby notified that any dlssamination, distribution or
of this messag, e is , . , ~I ...... ~-:--~ If-,ou have receiwd this comrnunicatiol~ in error,.
mcatton is s '~y pmwmLgu,
copying of this commu _ .t~, ...... _,.;__~ .... .~o to us at the above address via the
please notify us immediately by tele~rione ana remm mu on~ .........
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05855 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GARDENHOUR MICHELI,E LEE
VS
GARDENHOUR TROY ALLEN
STEVE WHISTLER , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE was served upon
GARDENHOUR TROY ALLEN
the
DEFENDANT
at M_ASTER MANUFACTURERS
CARLISLE, PA 17013
at 1300:00 HOURS, on the 10th day of December , 2002
20 WOLFSBRIDGE ROAD
by handing to
TROY ALLEN GARDENHOUR
a true and attested copy of PROTECTION FROM ABUSE
together with
and at the same time directing His attention to the contents thereof.
Sheriff,s Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this _ i~~ day of
~ ~o2~ A.D.
~Prothonotary
So Answers:
R. Thomas Kline
12/10/2002
LEGAL SERVICES
By: [ - , , , i'
Deputy S[eriff m