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HomeMy WebLinkAbout97-01478 ~1 3 o . JJ 7' c cV I 3 1 01 ~ ~ J 00 c- -:r - I r a- / , / , , -.. .- - , , - .--- ..~ -d:".- ,.- " !j I <I l; II II 'I " II I ELLEN E. OWEN, I Plaintiff I vs. I' I DONALD B. OWEN, Defendant . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 97, /117K' t~-.::f;tIH PROTECTION FROM ABUSE . . . . TEMPORARY PROTECTION ORDER AND NOW, this dl~ day of 'JttUMfJ ,1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Ellen E. Owen. now residing at 105 Mountainview Drive, Enola, Cumberland County, Pennsylvania, is immediate and present danger of abuse from the defendant, Donald B. OWen, the Court enters the following Temporary Protection Order: 11. The Defendant, Donald B. OWen, date of birth February 23, I 1942, shall refrain from abusing, harassing or threatening 'I Plaintiff, either physically or verbally, or placing her in fear of abuse, wherever she may be. I i \ I 2. Defendant i I resides during I I 3. Defendant is ordered to refrain from having any direct or . indirect contact with the plaintiff including, but not limited to , telephone, written communications, faxes, or voice lIIail messages. is excluded from any the pendency of this residence in which plaintiff Order. 4. Defendant is enjoined plaintiff and from harassing from harassing and stalking the plaintiff'. relatives. the I II II !I ELLEN E. OWEN, Plaintiff IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION - LAW vs. I DONALD B. OWEN, Defendant . . : NO. : PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are I served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses and objections Ito the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property lor other rights important to you. I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE Ii OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, 4th Floor CUmberland County Court House Carlisle, PA 17013 (717) 240-6200 , II ,1 II II !! :1 d !' ); d a. Defendant has been verbally, physically, psychologically, and emotionally abusive to Plaintiff throughout their marriage, but especially since the date of separation. b. In April or May of 1996, when Defendant and Plaintiff still resided together, they were watching the news about an accident where a steel girder fell on a car in Camp Hill, killing the female driver, and Defendant turned to Plaintiff and said, "Why couldn't that have been you? I could have got my money back." c. Before and since the date of separation, because of Defendant's verbal and emotional abuse, plaintiff has suffered an incident that resembled a stroke, is being treated for high blood pressure and is being treated by a psychologist for her mental and emotional distress. d. In May of 1996, Defendant physically threatened Plaintiff, chased her around a desk in their home, and forced her backward over a desk on her back with his body as he pushed his weight onto her. e. In early June of 1996, Defendant threatened to throw Plaintiff down the steps of the marital residence to cause her physical injury. f. Between June and october 1996, Defendant regularly screamed and yelled at Plaintiff that he wanted to be left alone and he wanted $80,000.00 from Plaintiff, and as he screamed and yelled, his face became red and he clenched his fist and made obscene ge.ture. at Plaintiff, which made plaintiff fearful of Defendant. i I I I I i I I I I I I I I I I I I I ! I I ! i I I 'I II I, Ii ,- " q I: I g. In October 1996, while a guest in Defendant's home where they discussed the education of Plaintiff, Defendant became so incensed that he physically threw Plaintiff out the door, causing Plaintiff to lose her balance and twist her ankle. h. Since October 1996, Plaintiff has been fearful Defendant will physically assault her again. i. After Defendant's separation from Plaintiff, Defendant would come to Plaintiff's residence with his laundry, which she did, but Defendant took those occasions as opportunities to verbally berate Plaintiff and frighten her. j. After Defendant separated from Plaintiff, he continued to request and demand that she continue to perform the functions of his legal secretary in his private practice as had been their custom for approximately twenty (20) years, which Plaintiff did, but Defendant then would call Plaintiff and ask her to deliver documents to his residence for his convenience, which she did, and then he attempted to physically harm her by slamming the door on her fingers. I II ,j k. " I' .1 ,. 'I 11 I ': il ., :i ji On those occasions when Plaintiff delivered documents to Defendant as he requested, or on occasions when she delivered documents she knew he needed without his request that she deliver them, he would scream and yell at her as she stood on his porch and embarrass and humiliate her in front of his neighbors, saying vile and despicable things to her. 1. During the summer of 1996, Defendant often approached Plaintiff in her home with his hand. behind his back, pushing her with his weight into furniture or against walls, pinning her so that she had to defend herself to escape from Defendant. m. In December 1996, when Plaintiff attempted reconciliation with Defendant, he responded with the comment that Plaintiff was "being punished", which caused Plaintiff great emotional distress. n. Sometime prior to March 16, 1997, Defendant told their seven (7) year old grandson that he was going to sell the marital residence to obtain more money, which the grandson repeated to Plaintiff, in front of several witnesses, causing her great emotional distress. o. On March 16, 1997, Defendant called the police and asked them to meet him at Plaintiff's residence, then Defendant arrived at Plaintiff's home before Plaintiff; he came into Plaintiff's home because her son who was there and let Defendant in, and when Plaintiff asked Defendant to leave, he refused; Plaintiff was forced to remain in a small portion of her kitchen by Defendant and her son while Defendant called 911 to see why the police had not arrived at Plaintiff's residence before Defendant had, then Defendant physically shoved Plaintiff as she tried to hang up the telephone. I II ,I 11 !i I! Ii !' 5. On April 22, 1996, Defendant wrote his mother a letter, which I indicated he had plan"ed on a course of conduct designed to force Plaintiff to leave the marital residence, which plan Plaintiff did not discover until the day Defendant moved out of the marital residence. 6. The plaintiff is in fear of bodily harm to her person from Defendant. 11 II 'i II 7. plaintiff has employment as a clerk, where she earns japproXimatelY $432.00 per month. 8. Defendant is self-employed as an attorney, earning approximately thirty thousand dollars ($30,000.00) per year net in his private practice, and is also employed by the pennsylvania School Board Association, and earns over $72,000.00 per year in that employment. COUNT II. EXCLUSIVE POSSESSION 9. The home in which Plaintiff resides is titled jointly to the parties. 10. The home in which plaintiff resides was vacated by Defendant in the late spring of 1996, and he has established his own domicile at 231 Lois Lane, Enola, Cumberland County, Pennsylvania. 1 11. Defendant has come to Plaintiff's residence and continued to I come to Plaintiff's residence unannounced and uninvited regularly II and frequently since their separation, has entered the residence whether Plaintiff was home or not, and when Plaintiff was home, I engaged in conversations to belittle, humiliate, harass and annoy J her. 1\'12. Plaintiff is afraid of Defendant because he has threatened I' her physical harm since the spring of 1996, and has haraed her i physically since then, and attempted to cause her physical hara by i' '!trying to slam her fingers in his door. : 13. plaintiff was depressed ; separation from her and she . emotions. and saddened by Defendant's continue. to experience thee. 14. During the marriage and prior to separation, Defendant has been regularly verbally abusive to Plaintiff. 15. When Defendant was angry at Plaintiff for her mere presence in their residence prior to separation (for reasons Plaintiff does not understand), he would scream and yell profanities at her, clench his fists, his face would turn red and he would shake, all causing Plaintiff tremendous fear Defendant would strike her. 16. Plaintiff became so depressed she required the services of a psychologist who referred her to a physician for medication in January, but the physician could not see her until April. 17. Defendant has been aware that Plaintiff is on antidepressants and high blood pressure medication to control the physical symptoms of the stress she is experiencing as a result of Defendant's separation from her and the verbal and emotional abuse visited upon her by Defendant. I !I 18. Plaintiff has need to be left alone in peace and to be secure , i in knowing Defendant will not come to her residence for the I I purpose of harassing her and exacerbating her emotional and I physical conditions, 11 I! :1 II 'I 1,19. Plaintiff asks the Defendant be ordered to pay her reasonable , II attorneys fees and the costs of filing this action on her behalf. i: ! COUNT III. ATTORNEYS FEES 20. Defendant called Legal Services, Inc., in Deceaber 1996 to obtain leqal assistance and was told it would be a year and a half to get on their list for services. II \, II [! ! 21. Because Defendant had previously engaged the services of Legal Services, Inc., Plaintiff was uncomfortable consulting them to represent her on this Protection From Abuse action. 22. Plaintiff believes the cost to her for filing and for counsel will be approximately $500.00, but will not know until resolution I of this matter as she has agreed to pay her attorney on an hourly basis, which hourly rates are fair and reasonable. I WHEREFORE, the Plaintiff requests that this Honorable Court ,\ enter a Protection From Abuse Order: , I A. Excluding Defendant from the marital residence at 105 I Mountainview Drive, Enola, Cumberland County, Pennsylvania and II from any other residence Plaintiff might choose to establish; I I B. Directing Defendant to cease and desist attempts to II contact or visit Plaintiff by telephone or otherwise, to refrain II from being in the physical presence of Plaintiff pending final :1 hearing and then for a period of time not to exceed one (1) year; I , I ! , ! I ! year; C. Directing Defendant to cease and desist threatening, harassing or verbally abusing Plaintiff in any manner pending a final hearing and then for a period of time not to exceed one (1) Direct Defendant to pay plaintiff'. counsel f...; Direct Defendant to reimburse Plaintiff's taxable coat.; G. After hearing to be held within ten (10) daY. of the filing hereof. enter a final protectiv order continuinv the relief set forth above, all for a period of one (1) year, . I P VIRIJ'ICA'rION I, Ellen E. Owen, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. 111tA-2 ~ Ellen E. owen, Plaintiff i ~ - .... .... i ! 1 ! , . .. . . I, ii I I ELLEN E. OWEN, Plaintiff IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW vs. DONALD B. OWEN, Defendant NO. 97 1478 PROTECTION FROM ABUSE PRAECIPE To the Prothonotary: At the request of the Plaintiff, Ellen E. Owen, please enter my appearance as counsel of record. ~,~~~uire cc: Joan Carey, Esquire Legal Services I ~ !