HomeMy WebLinkAbout97-01244
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~onica L. lIans,
Plu int i ff
IN TilE COUHT OF COMMON PLEAS OF
v.
CUMIlEHLAND COUNTY. PENNSYLVANIA
NO.'17_1)44- CIVIL TEHM
Shontony H. Dillon,
Defendant
PHOTECTION FROM ABUSE
AND NOW, t his
TIl../o!PORA,HY PIl"c)'mCTUlN OIl!WR
--1_L~ duy of Murch, 1997,
upon presentution
und considerutioll of the within Petition, and Upon finding thut
the plaintiff, Monicn I.. lIuas, now residing at II Enst Louther
Street, Second Floor, Curl isle, Cumberlund County, PennsYlvania,
is in immediate nnd present danger of abuse from the defendant,
Shonton)' H. Di lion, the fOllowing Temporury Order is entered,
The defendnnt, Shontony 1(, Di I lon, (SSN: unknown aad dnte of
birth: 11/3/71) now residing at 21 South Pitt Street, Apartment
5, CRrlisle, Cumber1und County, Pennsylvanin, is hereby enjoined
from Physically abusing the plaintiff, Monicn L. lIaas, or placing
her in fenr of abuse.
The defendant is excluded from the plaintiff's residence
located at II East Louther Street, Second Floor, Carlisle,
Cumberland County, Pennsylvanin, a residence which is jointly
leased by the pnrties and from which the defendant VOluntarily
move,1 on or about thc middlc of Decemher 1996, and any other
residence the plaintiff "my establish.
The defendnnt is ordcred to refrnin from hnving any direct
or indirect contnct with the plaintiff including, hut not limited
to, telephone nnd written communications except being present ut
pre-natal doctor's appointments,
The dcfendant is cnjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives.
The defendant is cnjoincd from entering the plaintiff's
placc of employmcnt.
The defcndant is cnjoincd from rcmoving, damaging,
destroying or selling any property owned jointly by the parties
or owned solely by the plaintiff.
A violat ion of this Order may subject the defendant to: I)
arrest under 23 Pa.C.S. g6113; il) a private criminal complaint
under 23 Pa.C.s. U6tI3.t; ill) a charge of Indirect criminal
contempt under 23 Pa.C.S. g6tl4, punishable by imprisonment up to
six months and a fine of $IOO.OO-$t,OOO.OOi and iv) civil
contempt under 23 Pa.C.S. g61t4.1. Resumption of co-residence on
the part of the plaintiff and defendant shall not nullify the
provisions of thc court order.
This Order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date if the Court finds that the defendant has
committed another act of abuse or has engaged in a pattern or
practice that indicates continued risk of harm to the plaintiff.
A hearing shall be held on this matter on the "..7() Gcday of
March, 1997, at 9:eoo (.i..m., in Courtroom No.-~, Cumberland
County Courthouse, Cnrlisle, Pennsylvania.
The plaintiff nmy proceed without pre-payment of fees
pending a further order after the hearing.
The Cumberlnnd County Sheriff's Department shall attempt to
mnke serv ice lit the plllint i ff' s request und wi thout pre-payment
of fees, but service nillY he accomplished under noy applicable
rule of Civil Procedure.
This Order shall be docketed in the office of the
Prothonotllry and forwllrded to the Sheriff for service, The
Prothonotary shall not send II copy of this Order to the defendant
by mail.
The Carlisle and the West Shore Regional Police Departments
will 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 hilS been violllted, whether or not the violation
is committed in the presence of the police officer. 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 unavailable, the defendant shall be
taken before the appropriate district justice. (23 Pa.C.S. g
6113) .
Dy the Court,
,1ft." ~ O~ j.
U udge
,.
Man i ca L. llallN,
Plaint i ff
IN TilE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
Shan tony R. Dil lon,
Defendnnt
NO,97-
CIVIL TERM
PROTECTION FROM ABUSE
NOTICE
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 arc served. byappcaring
pcrsonally or by attorncy at thc hearing schedulcd by thc Court and
presenting to thc Court your dcfenses or objections to the claims set
forth against you. You are warned that if you fai I to do so the Court
may procced without you, and a judgment may be cntcrcd against you by
the Court without further notice for any money claimed in thc pctition
or for any other claim or re I ief requested by the plaint I ff. 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 Protcction
Ordcr, a surcharge of $25.00 wi I I bc assesscd against you. You may
also bc required to pay attorney fecs to Legal Services, Inc. for
thcir rcprcsentation of the plaintiff.
You should takc this paper to your lawyer at oncc. If you do not
havc a lawycr or cannot afford one, go to or tclcphonc thc officc sct
forth bclow to find out whcrc you can gct Icgal hcIp.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTIIOUSE
CARLISLE. PENNSYLVANIA 17013
TELEpllONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is rcquircd by law
to comply with the Amcricans with Disabllitics Act of 1990. For
information about acccssiblc facilitics and rcasonablc accommodations
available to disabled individuals having busincss bcforc thc court.
pleasc contact our office. All arrangcmcnts must bc madc at Icast 72
hours prior to any hcaring or busincss bcforc thc court. You must
attend the schcdulcd confcrcncc or hcaring.
Monica L. lIans,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO.97-/J.v'l CIVIL TERM
Shuntony R. Dil Ion.
Dcfcndnnt
PROTECTION FROM ABUSE
PETITION FOR pnon;CTIO!L.Q!!nE~
RELIEF UNDER TIII\ I'nOTECTION FnOM ABUSE
ACT. 2J Pa.C.S. g 6tOt ct scq.
A. ABUSE
I. Thc plaintiff. Monica L. lIaas. is an adult individual
residing at II East Louthcr Street, Second Floor, Carlisle,
cumberland County. Pennsylvania t701J.
2. Thc defcndnnt, Shontony R. Di lion, (SSN: unknown)(Dntc
of Birth: tt/J/7I). is an adult individual residing at 2t South
pitt Strcet, Apartment 5, Carlislc. Cumberland County,
Pcnnsylvania t70lJ.
J. Thc dcfcndant has had an intimatc relationship with the
plaint iff.
4, Sincc approximatcly January t997. thc dcfendant has
attcmptcd to causc and hns intentionally, knowingly. or
rccklessly causcd bodily injury to the plaintiff, has placed the
plaintiff in reasonnble fcar of immincnt serious bodily injury,
nnd has knowingly engngcd in n coursc of conduct or repeatedly
committed nets townrd the plnintiff including following the
plnintiff. without propcr nuthorization, undcr circumstances
which have placed the plaintiff in reasonable fear of bodily
injury. This has included, but is not I illlited to, the following
specific instances of abuse:
a. On or IIhout February ~.1, l'Ii)7, the defendant
arrived at the plaintiff's residence unexpected,
grahbed the plaintiff by the hair, and smashed her helld
against the Willi, The ,Iefendant cornered the plaintiff
IIgllinst a Willi and refused to let her go, The
plaintiff fell on the floor and the defendant grahbed
and pulled her by the /lrlllS forcinG her to stand up,
The defendant then threw the plaint i ff onto her hack
and held her down, The defendant grahhed the
plaintiff's throat with hoth hands IInd choked her until
she could not hreathe. As a result of this incident,
the plllintiff suffered bruising on her arms and chest
and soreness /lbout her neck.
h. On or ahout Jaauary 1<)<)7, the defendant kicked and
shoved the door of the plaiatiff's residence open,
gr/lhbed the plaintiff hy the neck, and threw her
against the wal I. The plaintiff fell to her knees and
the defendant pulled her across the room causing her
knees to bleed. The defendant knocked the plaintiff
hackwards causing her to hit her head on a metal pipe
resulting in swel ling on her hend.
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C, On scvcrnl occasions sincc Jllnullry 19fJ7, the
defcndllnt hils harllsscll thc plaintiff by phone and
at her residcnce, Thc defcndant has choked, pushed.
shoved, and restrained the plnintiff, The defendant
hilS caused bruises on the plaintiff's arms and chest, a
bloody knec, and scratches on her back. The defendant
continues to thrcatcn the plaintiff causing hcr to fear
for her safety.
5. Thc plaintiff bel ieves 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 plaintiff desires that the defendant be prohibited
from having any direct or indirect contact with the plaintiff
including, but not limited to, tclephone and written
communications except being present at the pre-natal doctor's
appointments.
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 her place of employment.
9. The plaintiff desires that the defendant be enjoined
from removing, damaging, destroying or selling any property owned
jointly by the parties or owned solely by the plaintiff.
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10. The apartment which the plaintiff in anking the Court
to order thc dcfcndant to bc excludcd from in rcnted in the
plaintiff'n and defendant'n names and the defendant voluntarily
moved from the residencc in ~r about the middlc of Deccmber 1996.
tt. The dcfendant has hin own renidcncc located at 21 South
Pitt Street, Apartmcnt 5, Carlislc, Pennsylvania.
C. REIMHlIRSEMENT FOR COST OF CASE
t2. The plaintiff anks lhat the defendant be ordered to pay
$250.00 to reimburne one of Lcgal Services, Inc. 's funding
nources for the cost of litigating this case.
WHEREFORE, pursuant to the provisions of thc "Protcction
from Abusc Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 tl g,g,., as
amcndcd, the plaintiff prays this Honorablc Court to grant thc
following rcl icf:
A. Grant a Temporary Ordcr pursuant to thc
"Protcction from Abuse Act:"
I. Ordcring thc dcfendant to refrain from
abusing thc plaintiff or placing her in fear of
abuse.
2. Ordcring the dcfendant to refrain from having
any direct or indirect contact with thc plaintiff
including, but not limited to, tetephone and
written communications except being present at the
pre-natal doctor's appointments.
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J. Ordering the defendant to refrain from
harnssing and stnlking the plnintiff and from
harnssing the plaintiff's relntives.
4. Prohibi t ing the defendnnt from entering the
plaintiff's plnee of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or sel ling property jointly
owned by the pnrties or owned solely by the
p I a in t i fr.
6. Grant ing possession of the apartment located
at It East J.outher Street, Second Floor, Carlisle,
Cumberland County, Pennsylvania, to the plaintiff
to the exclusion of the defendant pending a final
ordcr in this matter.
n. Schedule n hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
an order to be in effect for n period of one year:
I. Ordering the defendant to refrain from
abusing the plnintiff or placing her in fear of
abuse.
2. Ordering the defendant to refrain from having
nny direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications except being present at the
pre-natal doctor's appointments.
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J. 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
plaintiff's place of employment,
5. Prohibiting the defendant from removing,
damaging, destroying or sell ing property jointly
owned by the parties or owned solely by the
pluint iff.
6. Granting possession of the apartment located
at 11 Enst Louther Street, Second Floor, Carlisle,
Cumberland County, Pennsylvania, to the plaintiff
to the exclusion of the defendant.
7. Ordering the defendant to pny $250.00 to
reimburse one of Legal Services, Inc. 's funding
sources for the cost of litigating this case.
The plaintiff further nsks that this Petition be filed and
served without payment of fees and costs by the plaintiff,
pending a further order at the hearing, and that certified copies
of this Petition and Order be delivered to the carlisle and West
Shore Regionat Police Departments which have Jurisdiction to
enforce this Order.
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"_ .'h~.",,,,,,,,,,""_._
The plaintiff prays for such other relief as may be just and
proper.
Respectfully suhmitted,
~ '
Carey, Attor~r
LEGAL S~;RVICES, INC.
8 I rvine Row
Carlisle, PA 170t3
(717) 243-9400
Plaintiff
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The above-named plaintiff. Monica (.. lIaas, verifies that the
statements made in the above Petition are true and correct. The
plaintiff understands that fnlse statements herein are made
subject to the pennltles of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
3-/(:) -Cj 1
Date:
lfYlon~Q. ~ .lJQQv~
Monica L. lIans, Plnintiff
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.
~onica L. lIans,
PI/lint i ff
IN TilE COURT OF CO~MON PLEAS OF
CUMnERLAND COUNTY, PENNSYLVANIA
v.
NO.97-1244 CIVIL TERM
Shontony R. Dillon,
Defendant
PROTECTION FROM ABUSE
PROTECTION ORDER
AND NOW, this ~ t~day of March, 1997,
upon consideration
of the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, Shontony R, Di lIon, is enjoined from
physically abusing the plaintiff, Monica L. lIaas, or from placing
her in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
J. The defendant is prohibited from entering the
pl&intiff's place of employment.
4. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointly owned by the parties.
5. The defendant is excluded from the plaintiff's
residence located at II East Louther Street, Carlisle, Cumberland
County, Pennsylvania, and any other residence the plaintiff may
establ ish.
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 another act of abuse or
has engaged in a pattern or practice that indicates continued
risk of harm to the plaint iff.
8. This Order may subject the defendant to: i) arrest
under 23 Pa.C,S. ~6113i ii) a private criminal complaint under ~3
Pa,C.S. ~61IJ,l; iii) a charge of indirect criminal contempt
under 23 Pa.C,S. ~61l4, punishable by imprisonment up to six
months and a fine of $100.00-$1,000,00; and iv) civi I contempt
under 23 Pa.C.S. ~6114,I, Resumption of co-residence on the part
of the plaintiff and defendant shill] not null ify the provisions
of the court order.
9. The Carl isle and the West Shore Regional Police
Departments shal I 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. whether or not the
violation is committed in the presence of a pol ice officer. In
the event that an arrest is made under this section, the
defendant sha] I be taken without unnecessary delay before the
ellUl't lhlll islllH'd the ol'dcr, When thnt court is unavnilnble, the
dl'fc'II.!1I1I1 Nhllll he tllken heforc the appropriate district justice.
(23 I'II,(',S, " hll.l).
Dy the Court,
.101111 ClIl'ey
Attol'lIey for Plllilltiff
_I/~
JFiCY Ole
ShlllltllllY R. () i 11011
Pro Se
C.oI- ,~~c..l a).J.'fln
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Monica L. lIaas,
PIa i nt iff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO,97-1244 CIVIL TERM
Shontony R. Dillon,
Defendant
PROTECTION FROM ABUSE
CONSENT AGREEMENT
This Agreement is entered on this \e~ day of March, 1997,
by the plaintiff, Monica L, Haas, and the defendant, Shontony R.
Dillon. The plaintiff is represented by Joan carey of LEGAL
SERVICES, INC.; the defendant 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.
1. The defendant, Shontony IL Dillon, agrees to refrain
from abusing the plaintiff, Monica L, lIaas, or from placing her
in fear of abuse.
2. The defendant agrees not to harass and stalk the
plaintiff and not to harass the ptaintiff's relatives.
J. The defendant agrees not to enter the plaintiff's place
of emptoyment.
4. The defendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff or jointly owned by the
parties.
5. The defendant agrees to stay away from the plaintiff's
residence located at II East Louther Street, Carlisle, Cumberland
County, Pennsylvania, and any other residence the plaintiff may
est/lhlish.
6. The defendant, although entering into this Agreement,
llues not IIdmit the allegations made in the Petition.
7. The defendant understands that the Protection Order
entered in this matter wi 11 be in effect for a period of one year
/lnd clln be extended beyond it original expirlltion date if the
Court finds thllt the defendllnt has committed another act of abuse
or has engaged in a pattern or practice that indicates continued
risk of hllrm to the plaintiff. The defendant understands that
this Order will be enforceable in the same manner as the court's
prior Temporary Protrctiun Order entered in this case.
8. Violation or the Protection Order may subject the
defendant to: i) arrest under 23 Pa.C,S. gG113; ii) a private
niminal complllint under 23 Pa.C.S. gG113.1j iii) a charge of
indirect criminlll contempt under 23 Pa.C.S. gGtl4. punishable by
imprisonment up to six months and a fine of $100,00-$1,000.00;
/lnd iv) civi I contempt under 23 Pa,C,S. g6114.1.
WHEREFORE, the part ies request that a Protect ion Order be
entered to reflect the above terms.
V7
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S~. Dillon. Defendant
J an Carey. At rney
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, pA 170tJ
(717) 243-9400
for Plaintiff
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Monica L. Haas,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1244 CIVIL TERM
PROTECTION FROM ABUSE
Shontony R. Dillon,
Defendant
AND NOW, thi s Z~ of
Q.BDER
M,l,U,,~
, 1997, upon
consideration of the within Petition the following Order is
entered:
The portion of the Protection From Abuse Order dated March
24, 1997, which excluded the defendant from the residence located
at 11 East Louther Street, Carlisle, Pennsylvania, and any other
residence she may establish, is vacated.
In all other respects the Protection From Abuse Order dated
March 24, 1997, remains in effect.
By the Court,
Joan Carey
Attorney for Plaintiff
Shontony R. Dillon
Pro Se
Monica L. Haas,
Pl~intiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-1244 CIVIL TERM
PROTECTION FROM ABUSE
vs.
Shontony R. Dillon,
Defendant
PETITION FOR MODIFICATION
The plaintiff, Monica L. Haas, by and through her attorney,
Joan Carey of Legal Services, Inc., states the following:
1. The plaintiff, Monica L. Haas, and the defendant,
Shontony R. Dillon, are in the process of reconciling their
differences.
2. The plaintiff desires that the defendant no longer be
excluded from her residence located at 11 East Louther Street,
Carlisle, Cumberland County, Pennsylvania and any other residence
she may establish.
3. The plaintiff desires that all other provisions of the
Protection From Abuse Order dated March 24, 1997, remain in
effect.
WHEREFORE, the plaintiff requests that the portion of the
Protection From Abuse Order dated March 24, 1997, which excluded
the defendant from the residence located at 11 East Louther
Street, Carlisle, Pennsylvania, and any other residence she may
establish, be vacated.
Respectfully submitted,
~~
oan Carey
Attorney for PIa' tiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
The above-named plaintiff, Monica L. Haas, 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. 64904 relating to unsworn
falsification to authorities.
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Monica L. Haas, Plaintiff
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