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HomeMy WebLinkAbout02-5856Sandra Lynn Stoner, Plaintiff VS. Charles Philip Estep, 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 /~ day of December, 2002, at ~,9;30 /~.m., in Courtroom No. ~ on the 4th 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. Sandra Lynn Stoner, : IN THE COURT OF COMMON Plaintiff : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA V. .. .. .. Charles Philip Estep, : No. Defendant : : CIVIL ACTION - LAW : PROTECTION FROM ABUSE _. TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Charles Philip Estep Defendant's Date of Birth is: May 20, 1957 Defendant's Social Security Number is: 174-46-6608 Name(s) of All protected persons, including Plaintiff and minor children: 1. Sandra Lynn Stoner 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 Plaintiffs relatives. - Defendant shall not 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 Plaintiff resides and any other agency specified hereafter: Susquehanna Township Police Department 6. Thc sheriff, police or other law enforcement 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 c~.a~, J-~,~hich case, they shall remain with the law enforcement agency w_J~fio~r~e the arrest. .//"'" '/"/y~ ..... BY/I<HE COL~..~/'- . Date Distribution to: Legal Services Faxed & Mailed to PSP > 9.- o-o2. Sandra Lynn Stoner, Plaintiff Charles Philip Estep, Defendant PFAD Number: GM1592859Y : 1N THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : No. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE Plaintiff's name is: Sandra Lynn Stoner 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. Sandra Lynn Stoner 4. Plaintiff's address is confidential 5. Defendant's Name is: Charles Philip Estep 6. Defendant is believed to live at the following address: 1115 Bridge Street, 2nd Floor, New Cumberland, PA 17070 7. Defendant's Social Security Number is: 174-46-6608 8. Defendant's Date of Birth is: May 20, 1957 9. Defendant's Place of employment is: Self-employed 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 12. The defendant has been involved in a criminal court action. 13. The defendant is not currently on probation / parole 14. The facts of the most recent incident of abuse are as follows: On or about November 29, 2002, Plaintiff was packing to leave the residence. Defendant was physically menacing to Plaintiff by standing very close to her, yelling in her face and shaking his finger in her face. Defendant told the parties' cat, "It won't be too much longer". Plaintiff interpreted this as a threat. 15. 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: On or about November 28, 2002, when Plaintiff was attempting to pack her things to leave the residence, Defendant became physically menacing to her by standing very close to her, yelling in her face and shaking his finger in her face. Defendant began to destroy Plaintiff's personal possessions. Defendant told the parties' cat, "It won't be much longer". As a result of this incident, the police were called. On or about November 1, 2002, Defendant grabbed Plaintiff by the arms. Defendant then punched Plaintiff in the face. As a result of this incident, Plaintiff suffered bruises on her arms, a black eye and bruised nose. Plaintiff has continued to have problems with her vision since this incident. During the past 6 months of the parties relationship, Defendant has frequently been 16. physically threatening to Plaintiff by standing very close to her, yelling in her face and waving his hands menacingly. Defendant sits in his recliner and shouts obscenities at Plaintiff for hours at a time. Defendant drinks heavily and his violent behavior is escalating causing Plaintiff to fear for her personal safety. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Susquehanna Township Police Department 17. There is an immediate and present danger of further abuse from the Defendant. 18. 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: 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 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 child/ren. d. Order the following additional relief, not listed above: Defendant shall not 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, jPohianh~e~lAg~not~l~2; lYa~i~i fP~ al nt 1 ff 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 tree 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. Dated:. / Sandr~ Lynn Stoner, Plaintiff 12/10/02 TUE 13:55 FAX 717 240 6573 CUMB CO PROTHONOTARY ~ 0Ol TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR MULTI TN REPORT *** 3546 0119p2490779 0319p2405331 04]92438026 PSP CP LS OFFICE OF THE PROTHONOTARY CUMBEP~LAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CA.P~ISLE, PA 17013 - 3387 (717) 24 0- 6195 FAX (717) 240- 6573 VIA TELECOPIER TO: FAX # FKOM: PA STATE POLICE - CENTRAL PROCESSING MIDPENN LEGAL SERVICES CURTIS IL LONG FAXING A PFA MESSAGE: 7 NO. OF PAGES (INCLUDING COVER SHEETS) This measage is intended for the use of the individual or entity to which it ia addressed, and it may contain Information that is privileged, confidential and exempt from disclosure under applicable law, If the reader of this message is not the intended recipient, you are hereby notified that any dissaminafion, dis~bution or copying of this eommtmication is strictly prohibited, If you have received this communication i~ error, please notify us immediately by t~lephone and return the original message to us at the above address via the U, S. postal service. Thank you SHERIFF'S RETURN - REGULAR CASE NO: 2002-05856 p COMMONWEALTH OF PENNSYLVANIA: COLrNTY OF CUMBERLAND STONER SANDPJt LYNN VS ESTEP CHARLES PHILIP CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon ESTEP CHARLES PHILIPthe DEFENDANT , at 1745:00 HOURS, on the 12th day of December , 2002 at 1115 BRIDGE STREET 2ND FL NEW CUMBERLAND, PA 17070 by handing to CHARLES p ESTEP 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 12.42 Affidavit .00 Surcharge 10.00 .00 40.42 Sworn and Subscribed to before me this ;~ day of ~~ ~J~9~ A.D. / IProth~n0[ary ~ ~ / So Answers: R. Thomas Kline Deputy Sheriff SANDRA LYNN STONER, PLAINTIFF V. CHARLES PHILIP ESTEP, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5856 CIVIL TERM ORDER OF COURT ~_O'~day of December, 2002, following a hearing on the merits, and finding that Charles Philip Estep abused Sandra Lynn Stoner during the incident on or about November 1, 2002, IT IS ORDERED: (1) The temporary protection order entered on December 4, 2002, is vacated and replaced with this order. Defendant's Name is: Charles Philip Estep Defendant's Date of Birth is: May 20, 1957 Defendant's Social Security Number is: 174-46-6608 The protected person's name is: Sandra Lynn .Stoner (2) Defendant shall not abuse, harass, stalk or threaten Sandra Lynn Stoner. (3) Defendant is prohibited from having any contact with Sandra L. Stoner. (4) Defendant shall not call Sandra L. Stoner by telephone. (5) A certified copy of this order shall be provided to the police department where Sandra L. Stoner resides. (6) This order shall remain in effected for eighteen (18) months until June 18, 2004. NOTICE TO THE DEFENDANT You are 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. Any consent of Sandra L. Stoner to return to your 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. A violation of this Order may subject you 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 plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates this Order, he 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 any arrest, the law enforcement officer shall seize all weapons used or threatened to be used during any violation of this Order. Weapons must forthwith be delivered to the Cumberland County Sheriff's Office, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. v~Joan Carey, Esquire For Plaintiff v/Michael D. Rentschler, Esquire For Defendant ,/' Charles Philip Estep 1115 Bridge Street, 2nd Floor New Cumberland, PA 17070 :sal Edgar B. Bayley, J. ',~ 12/20/02 FRI 14:20 FAX 717 240 6573 CUMB CO PROTHONOTARY ~001 TX/RXN0 INCOMPLETE TX/RX TRANSACTION OK ERROR MULTI TN REPORT 3568 [ 0119P2490779 [ 0319P2405331 [ 04]92438026 PSP CP LS OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 - 3387 (717) 24 0- 6195 FAX (717) 240 - 6573 VIA TELECOPIEK TO: FAX # FROM: RE: MESSAGE: PA STATE POLICE - CENTRAL PROCESSING MIDPENN LEGAL SERVICES CURTIS IL LONG FAXING A PFA $ 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 Infonnafion that is privileged, confidential and exempt from disclosure under applicable law. If tho reader of tiffs message is not the in*ended recipient, you are hereby notified that any dissaminat/on, distn'bufion or copying of this communication is strictly prolu'bilcd. R-you have received this comrmmication in e~or, please notify us immediately by telephone and return ~he original message 1o us at the above address via the U, $, postal service. Thank you