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HomeMy WebLinkAbout97-01277 instances of abuse: a. On or about Februllry 28, 1997, the uefendllnt pulled into the plllintiff's driveway, threlltened to puncture 1111 four of the plaintiff's tires, removecl a wooden club from his car. and smllshed the bug shield on the plaintiff's truck. The defcndllnt threatened to beat up the plllintiff, grabbed a camera from her hands, kicked her. and smashed the cllmerll. The plaintiff and her son fled into the house in fear for their lives. b. In or IIbout January t997, the defendant, on at lellst two occasions when coming to the plaintiff's residence to pick up the children, ran into the plaintiff's garbage containers and dragged them under his car causing the plaintiff to feur for her safety. c. On several occasions since 1979. the defendant threw the plllintiff onto the kitchen counter, tripped her causing her to fal I, threw a plant at her. and slammed her knee into a table. The defendant destroyed furniture, tore items off of the wall, and punched holes in the wall causing the plaintiff to fear for her safety. On one occasion, the clefendant pulled the plaint i ff clown the stai rs by her feet. kicked her twice causing bruises, picked her up, slapped her in the face, ancl threw her down on the couch. On at least three occasions. the defendant hit the minor daughter 2 on Ihe hllck of her helld, II Ill' III' I hllSl' I illles wi Ih such force tllIll he cnused her gln'ls",; III fl~' 111'1' III' her fllce, The defellllnlll kicked Ih., fnllli I)' dllll ill 111I!!l'r hrenking iI's hip nlld crncked nil nXl' hllllllll' IIn n horse's helld causillll Ihe plllilllif'r III 1'''"1 fill' her slIfely. The defendlllll Illll'nl.'II,'d III hurll dllwn Ihe house nnd Ihrt'w dnrls lit n pictull' III' Ihe plninliff cllusinjl her III 1''''11' fill Ill'l life, 5, The plainliff hl'li.,\'.,,, nnd thell'fllle nver" Ihlll she is in illlmedinle IInd pres""1 dlllljler of IIhu".' 1111111 I hl' defendllnl nnd I till I she is in need III' prill cd illll frlllll "udl /lhusc. Ii. The pl/linlirf .It-sill''' Ihat Ihc d.,rl'lIdnlll he prohibiled from hllving IIny direl'l III illdirect ""I1I/1ct with the plllintiff. including, hUI lIot I illlil.,,1 tll, tcl.'phlllle /l11l1 wrillen cOnllllunicllliollS. cXl'.'pl fill' Ih\' I imilcd purpllsc or f/lci I illll ing cuslody nrrnllgelllellls. 7. The plninlifl dcsill's Ih/lt th., dl'fl'IIlI/lIIl hc "njoined from hurussillg /llId sl/llkillg th., pl/lilllilf. IIl1d 1'1'11111 hllrnssing Ihe "Ininliff's relnl ivcs. II. The plllilltiff d.". II.", th/ll th., defcndnnl be reslruined from enlerillll her placl's III l'lIIplll)'IIl\'lIt, 'I. The plllillliff dc"ill's lhnl Ihl' dl'fclldnnl he enjoined 1'1'011I relllllvillg, d/llllllgilljl, d.'slrllyilll' III "c\lilljl nny property owned solely hy thl' plllinl iff, 1 II, !'XCI.US LVE .l'Olh'iES!iJON 10. The home which the plaintiff is asking the Court to order the defendant to stay away from is not owned in the defendant's name. II, The defendant has his own residence located at S5 Wilson Street, Carlisle, Pennsylvania. C. REIMIIURSEMENT FOR COST OF CASE 12. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. WHEREFORE, pursuant to the provisions of the "Protection from Ahuse Act" of Octoher 7, 1976, 23 Pa.C.S, ~ 6101 tl seQ., 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 and 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 I imi ted to, telephone and written communications, except to facilitate custody arrangements. 4 J. Ordering thl' dl'fendllnt to refrain from harassing and st/llking thl' plllintiff and from harllssing the plllint iff's re 1111 iVes. 4. Prohihiting the dl'fl'ndllnt frolll entering the pl/lint iff's pIIICl'S of l'/IlploYlllent. 5. Prohihi I ing I he defendant frolll removing, dalll/lging, destroying or sl'll ing property owned solely hy the plllinl iff, Ii. Ordl'rinl! Ih(' dl'fl'llllllnt to stay away from the plllintiff's rl'sidencl' loc/ltedllt 2150 Enola Road, ('II 1'1 is Il', 1'lIl11hl'r IlInd ('OUllt y, Pellnsy I van i a, IInd any other rl'siden",' Ih.! plllilltiff IIII1Y establish. R. Schl'dllll' II hl'lIr'lIl!. ill IIl'l'ordance wi th the provisions of thl' "Protectioll from I\buse Act," and, /lfter such hellrillg, l'ntl'r IInorder to he in effect for II pcri"d of Olll' yelll: I. O/lll'rill/l till' dcfl'ndllnt to refrain from ahusing thl' pl/lilltiff IInd placing her in fear of ahllsl' , 2. Onll'rinl'. thl' defendallt to refrain from having III1Y di rl'ct "I' indirect contllct with the plaintiff illcludilll-', hut 1I0t limited to, telephone and writtl'lI CO/llIIIUlliclltillns. except to facilitate ulStody IIrrlllll-'elllents. 5 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 places of employment. S. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 2150 Enola Road, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 7. Ordering the defendant to pay $250.00 to reimburse one of Legal Services, Inc. 's funding sources for the cost of litigating this case. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Carlisle. Lower Allen and the North Middleton Township Pol ice Departments which have jurisdiction to enforce this Order, h "- \ ~ .~ J ~ ';) l' L () I.,; N) ~ J t >. r;, ~ ,. ::$ I C I ~ , ' 1,> ; ~ '1 ~f,;. (" 1 . L~\ ,',! l~: " c:: ( , , I. I. ., , J r-- '-" -'