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HomeMy WebLinkAbout97-01232 \, ) ~ { ~ ~ ~ ~ I 'Q: , ~ ! i ~ I ~ ", .... \, I ( i I ~ ~ ! , ....... .. :> ..... ! , , , , , I I , i I CU 1 ~) . ~ . ~ ! , " DONNIE LOUISE CONRAD, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 97-_g:L6--_. CIVIL TERM GARY LEE COLEMAN, SR, Defendant PROTECTION FROM ABUSE TEMl'ORAltV PROTECTION OROEI{ AND NOW, this ~ of March, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintil1~ Bonnie Louise Conrad, now residing at II Skyport Road, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant. Gary Lee Coleman. Sr., the following Temporary Order is entered, The defendant, Gary Lee Coleman, Sr., (SSN: 194-44-9065)(DOB: 2/07/53), currently incarcerated in Cumberland County Prison, Carlisle, Pennsylvania. maintains his penn anent address at 1006 North 18th Street, lIarrisburg, Dauphin County, Pennsylvania 17103, The defendant is ordered to stay away from the plaintiffs residence located at 11 Skyport Road, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is leased by the plaintiff, and is ordered to stay away from any residence the plaintiff may in the future establish for herself. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff or her minor children including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives, or her minor children. The defendant is enjoined from entering the plaintil1's place of employment. 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 contempt under 23 Pa.C.S. ~6114. punishable hy imllrisonment up to SilL months and a fine ofSIOO.OO-SI.OOO.OO; and iv) civil contempt under 23 Pa.C.S. ~6114.1. This Order shall remain in effect until modified or terminated by the Court and can be . r I extended beyond its original expiration date 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 plaintitf. /3 A HEARING SHALL BE HELD ON TillS MATTER ON MARCH . 1997. AT f(): 00 It- .M..IN COURTROOM NO. -1-. OF THE CUMBERLAND COUNTY COURTHOUSE. CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fces pending a further order after the hearing. The Cumberland County Sherifl's Department shall attempt to make servIce at the plaintifl's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the olTIce ofthe Prothonotary and forwarded to the Sheriff lor service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Hampden Township Police Department shall be provided with a certified copy of this Order by the plaintifl'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 olTIcer. 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 I. , , I BONNIE LOUISE CONRAD, PlaintilT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 97- CIVIL TERM GARY LEE COLEMAN, SR., Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in thc following pages. you must take aetion 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 YOII fail 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 l- I' If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assesscd against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintilT. You should take this paper to your lawyer lit once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to fiud out where you cau get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 iI AMERICANS wlTn DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitics Act of 1990. For information about acccssible 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. BONNIE LOIIISE CONRAD, Plaintill' IN TIlE COURT OF COMMON PLEAS OF t I i " CUMBERLAND COUNTY, PENNSYLVANIA v. (jAR Y LEE COLEMAN, Sit, Defendant NO. 97---1).J'J.... " CIVIL TERM PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER REI...:F tiNDER TilE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. ~610I et seq, A. ABUSE I. The plaintiff. Bonnie Louise Conrad, is an adult individual residing at II Skyport Ruad, Mecllllnicsburg, Cumberland County. Pennsylvania 17055. 2. The defendant, Gary Lee Coleman, Sr., (SSN: 194-44-9065)(D013: 2/07/53), is an udult individuul currently incarcernted in Cumberland County Prison, Carlisle, Pennsylvania 17013, The defendunt's permanent address is 1006 North 18th Street, Harrisburg, Dauphin Cuunty, Pennsylvunia 17103. 3. The defendant has had an intimate relationship with the plaintilT. 4. On ur about February 28, 1997, the defendant became angry after the plaintiff told him that she no longer wanted to continue their relationship, grabbed her by the arm, pulled her huir, shoved her into a piece of furniture, pushed her down onto the bed, pulled her pant leg off of her, and sexually assaulted her despite her pleas for him to leave her alone, The plaintiff sought medical treatment for the assault at Harrisburg Hospital, and reported the incident to the lIumpden Township Police Department. The defendant, who was on parole in Dauphin County, was apprehended by police and remanded to Cumberland County Prison pending further investigation of the maller, 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintitf desires that the defendant be prohibited from having any direct or indirect contact with the plaintifl' or hcr minor children 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 her relatives or her minor children. 8. The plaintiff desires that thc defendant bc rcstraincd from entering hcr place of employment. IJ. EXCLllSIVE POSSESSION 9. Thc homc from which thc plaintitf is asking the Court to ordcr thc defcndant to stay away from is rcnted in the namc of Bonnie Louise Conrad, C. nEIMIJlJRSEMENT FOR COST OF CASE 10, The plaintiff requcsts that the Court ordcr the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of attomeysJ fces, as reimburscment lor the cost of litigating this casc and assessing thc $25,00 surcharge and court costs to the defcndant ifthc case gocs to hearing. WHEREFORE, pursuant to the provisions of the "Protcction from Abuse Act" of October 7, 1976,23 P.S. ~610l et ~" 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" ]. 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 direct or indirect contact with the plaintill' or her minor children including, but not limited to, telephone and written communications; ), Ordering the defendant to retrain from harassing and stalking the plaintiff and from harassing her relatives and her minor children; 4. Prohibiting the delcndant trom entering the plainlill's place of employment, and 5. Ordering the defendant to stay away from the plaintill's residence located at II Skyport Road, Mechanicsburg, Cumberland County, Pennsylvania, and ordering the defendant to stay away from any residence the plaintill' may in the future establish for herself. 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: 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 direct or indirect contact with the plaintiff or her minor children including, but not limited to, telephone and written communications. ), Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and her minor children. 4. Prohibiting the defendant Irom entering the plaintill's place of employment. 5. Ordering the defendant to stay away from the plaintill's residence located at II Skyport Road, Mechanicsburg, Cumberland County. Pennsylvania, and ordering the defendant to stay away from any residence the plaintill'may in the future establish for herself, 6, Ordering the defendant to pay $250,00 to Cumberland County, one of Lcgal Services, Inc,'s funding sources, in lieu of attorneys' fees, as 1 i . -~._~ ../ i.'. , The above-named plaintil1: Bonnie Louise Conrad, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn Iidsitication to authorities. / Date:lJ~lrr' ^- ~f~!F/7 _ '~ L. ~~ roL1L~ Louise Conrad, P~fr I , , , ~'l . ) , -. :\ ..' , ." r:. " : ".' . , ,-' , , ." r \ ., ". -, ~~ ; Ii , .. ! C- .J. I..) -. t. '-'> \, ... \>> ". ~, C! DONNIE LOUISE CONRAD. PlaintilT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO, 97-1232 CIVIL TERM GARY LEE COLEMAN, SR.. Defendant PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this ~;I 'day of March, 1997, upon consideration of the Consent Agreement of the partieJ, the following Order is entered: I. The defcndant, Gary Lee Coleman. Sr., is enjoined from physically abusing the plaintiff, Bonnie Louise Conrad, or Irom placing her in fear of abuse. 2. The defendant is enjoined from having uny direct or indirect contact with the plaintilT or her minor children including, but not limited to, telephone und written communications. 3. The defendant is ordered to rcli'ain from hurassing and stalking the plaintilT and Irom harassing her relatives and her minor children. 4. The defendant is prohibited Irom entering the plaintitT's place of employment. 5, The defendant is excluded from the plaintitT's residence located at II Skyport Road, Mechanicsburg, Cumberland County, Pennsylvania, and is ordered to stay away from any residence the plaintilT may in the future establish for herself. 6, Court costs and fees are waived. 7, This Order shall remain in effect for a period of one (I) 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 hann to the plaintiff. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 8. This Order may subjectlhe defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C,S. ~61I3.I; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a line of $100,00- $1.000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. 9, The Hampden Township Police Department and any other appropriate police department shall be provided with a certilied copy ofthis Order by the plaintifi's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or notlhe violation is committed in the presence of the police officer. In the event that an arrest is made undcr this scction, the defendant shall be taken without unneccssary delay bcfore the court that issucd the order. When that court is unavailable, the defcndant shall be taken before the appropriate district justice. (23 Pa.C,S. ~6113). By the Court, ./l~ ~ Kev' A. Hess, Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Gary Lee Coleman, Sr. Cumbcrland County Prison 1101 Clarcmont Road Carli sic, PA 17013 Attorney for Dcfendant .", '~:,-~1~''''....''''--/ ~-''1'-'"'' I. -~-;""- ":' PUl> ""..lQ.ln \-\((\c.L..J .\" l . ~, ....~\l... cl N. ;;1.......... -\" Q{(.. , I I I f I, , BONNIE LOUISE CONRAD, Plaintilf IN TilE COURT OF COMMON PLEAS OF ClJMBEIU.AND COUNTY, PENNSYLVANIA v. NO, 97-1232 CIVIl. TERM GARY LEE COLEMAN, SR, Defendant PROTECTION FROM ABUSE CONSENT AGltEEMENT This Agreement is entered on this _/~~_ day of March, 1997, by the plaintifi; Bonnie Louise Conrad, and the defendant, Gary I.ee Coleman, Sr. The plaint ill' is represented by Joan Carey of LEGAL SERVICES, INC.; the delcndant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. I. The defendant, Gary Lee Coleman, Sr., agrees to refrain from abusing the plaintiff, Bonnie Louise Conrad, or from placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff or her minor children including. but not limited to, telephone and written communications, 3. The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives and her minor children. 4, The defcndant agrees not to enter the plaintill's place of employment. 5. The defendant agrees to stay away from the plaintil1's residence located at 11 Skyport Road, Meehanicsburg, Cumberland County. Pennsylvania, and the defendant agrees to stay away from any residence the plaintiff may in the future establish for hersell: 6. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 7. The defendant understands that the Protection Order entered in this matter will be in ellcct for a period of one (I) 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