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HomeMy WebLinkAbout97-01514 ~ ~ :r . ;t L+- j Q / r e ~ J :j- - l.() - I r- 0*; Christopher D.Henry. Defendant PROTECT! ON FROM AIIUSE Nikki R, Dud. IN TilE COllRT OF COMMON PLEAS OF v, CllMIIERLAND COUNTY. PENNSYLVANIA NO, 97-15"" CIVIL TERM Plaint i ff TEMPORARY PROTf.CTION ORDER AND NOW. this _. :J.t/~ day of March. IQ97. upon presentat ion and consideration of the within petition. and upon finding that Mobile Estates. Newville, Cumberland County, Pennsylvania, is in the plaintiff, Nikki R. Durf, now residing at 203 Conodoguinet Christopher D. Henry. the following Temporary Order is entered. immediate and present danger of abuse from the defendant. The defendant, Christopher D. Henry, (SSN: 198-52-8034 and date of birth: 2/25/731 now residing at 333 Burgners Road. Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physicallY abusing the plaintiff, Nikki R. Durf, or placing her in fear of abuse, The defendant is ordered to stay away from the plaintiff's residence located at 203 ConodOguinet Mobile Estates. cumberland County, Pennsylvania. a residence which is leased solely in the plaintiff's name and any other residence the plaintiff may establish. The defendant Is ordered to refrain from havin8 any direct or Indirect contact with the plaintiff including. but not limited to. telephone and written communications. The defendant Is enjoined from harassin~ and stalkin. the plaintiff an,\ from hUll'!>..inll the plaintiff's retatlvcl!I. This Order shall he docketed in the office of the Prothonotary and forwarded to the Sheriff for service, The Prothonotary shall not send a copy of this Order to the defendant by lIIai I. The Pennsylvania State, Newville and Silver Springs Pollee 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 has been violated, 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. I 6113 I. By the Court, . II Judie / Nikki R. Ourf, IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plnlntiff v. CIVIL TERM NO. 97- Christopher D, Henry, Defendant 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 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 you 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 If the case goes to hearing and the judge grants a Protection Order. II surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services. Inc. for their representation of the plaintiff, 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 office set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTIlOUSE CARLI Sl.E, PENNSYI.\'AN I A 17013 TELEPIlONE NUMBER: (717) 240-6200 AMER I Cf,NS _!..lTI1J>.1 SAD I LIT 1.!;LAC:I' 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 inf\lrmation about accessible facilities and reasonable aceo.odations avai lable to disabled individuals having bU!liness before the court. please contact our office. All arrangements must be made at least 72 hours prior to IIny hearing or business before the court. You .vat attend tbe scheduled conference or hearing. t- has included, but is not limited to, the following specific instances of abuse: a. On or about March 17, 1997, the defendant threatened the plaintiff saying that she would "regret" making him leave the residence causing the plaintiff to fear for her safety. b. On or about March II, 1997, the defendant threatened that if the plaintiff changed the locks on the residence she would be "sorry" causing the plaintiff to fear for her safety. c. In or about October 1996. the defendant grabbed the plaintiff. who was six weeks pregnant. by the neck. The defendant threatened that if the piaintiff ever tried to exclude him from the residence, he would burn it down whether the plaintiff was in it or not, causing her to fear for her life. d. In or about October 1994, the defendant grabbed the plaintiff's arm and threw her onto the bed causing her to fear for her safety. e. Since 1994. the defendant has caused the plaintiff to fear for her safety in ways including the followina: threatening her, threatening to put a hole in her aas tank. making gestures as if he were goina to hit her, and calling the plaintiff at work thre.tenina to blow his head off. 2 S. The plaintiff helieves 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, telephone and written communications. 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 solely by the plaintiff. IL- EXCLUSIVE POSSEUJJm to. The mobile home which the plaintiff is asking the Court to order the defendant to stay away from is leased solely in the plaintiff's name. II. The defendant has his own residence located at JJJ Burgners Road, Carlisle, Pennsylvania. c.._^nlH8.YR~UC~KI _fP.lL. ~I....QL~tll I~. The plaintiff asks that the defendant be ordered tn pay .l $250.00 to reimburse one of Legal Services, (nc,'s funding sources for the cost of litigating this case. WHEREfORE, pursuant to the provisions of the "Protection from AbUse Act" of October 7, 1976, 2.3 Pa.C.S. g 6101 ~_ ll!l.. 115 amended, the plaint I ff prllYs this Honorable Court to grant the following relief: I. Ordering the defendant to refrain from A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" abusing the plaintiff or placing her In fear of abuse. 2. Ordering the defendllnt to refrain from having any direct or Indirect contllct with the plaintiff including, but not I iml ted to, telephone and written communications. 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. S, Prohibiting the defendant from removlna, damaging, destroying or selling property owned solely by the plaintiff, 6, Ordering the defendant to stay ...y hOll the F l plaintiff's residence located .t 203 Conodoautnet f;,- 4 Mobile Estates, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 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 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 limited to, telephone and written communications, 3. 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 selling property owned sOlely by the plaintiff, 6. Ordering the defendant to stay away from the plaintiff's residence located at 203 Conodoluinet, cumberland County, Pennsylvania and any other residence the plaintiff may establish. S 7. Ordering the defendant to pay $250.00 to reimburse one of Legal Services, lnc,'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 Pennsylvania State Police, Newville. and Silver Springs Police Departments which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, .-'.;-~'t....tL--.,-."..../ ey for Plaint i ff LEGAL SERVICES, INC. B Irvine Row Carlisle, PA t7013 (717) 243-9400 6 , t .. I I 1 I , i I I ! I I I I j ! i I j j I 1 1 The above-named plaintiff. Nikki R. Ourf. 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, S 4904 relating to unsworn falsification to authorities. Date: 3..21 Ji. f0~h1.\' R. Nikki R. Ourf. /' , . -, -. ~ , ~ .., ...1 ... "'" " ...; -:"1 , ::) " .{ .-, !'d (3; '"HFi,: r i. '[.', " /;t, ~ I'.. C,\~)l< NI): t'J'~/-vJl:,l '-1 t-' t;tIMMUNW,,:^1. rlI .Jr' Pr:tHbYL \' Mll ^: 1:lJlJrrn . W '~U/'lHHILMlD ('iJ:,~ N fF:r.r R VS. IIUlRV ':IIH t S TI.IPlIJ::R D ':iTEVE WHlSTIYR ' SherHf or l.'eputy Shenff of GUMl\LHl.AND County, F'ennsy1van1a, who be1ng duly sworn accOrd1ng to law, says, the w1thin PROr~CTIUN FROM A~US~ upon IIF;NRY CIlRIST,-WlIER t, defendant. at 810:0~ HOURS. on the ~5th day 01 March was served tho? 1::1':17 at 333 BURGN~RS RUAD ______,CUMBERLAND CAkll~LE.. PA 17013 County. Pennsy1vanla. by tl"r.d1og tn Cllkl~;1CWIH~ HlNHY " truE' and atteste..; coPy of the t'RlHt.CTlUll r'klJI'l AHUS>, tC'9<?ther vltt. rCIHt'RARY PROT..Crli)N il:lf'U,; NOTte.. ANi' P~:Tl nON . all,f at th~ S~ff;e 'tllTt€?' dir~ctlng H1.s ~t.tent: ~ Of': tn thf'J C'crJtents therf?01. ',~h'-r 1I!'.:; (('i:;;.t.Sl l):)r:-Vf:,t "ng '-,rrv' f:'C' Ufidavit :,un:harge '" ~OS?~_~~ rr:-'Thomils 1\110". ::,nerl ' t~. ~~i!:' ~. i: .00 :;,0e ~.7J. ':.2 ~0 . 00 l' ~"0~0 . b '; ~'" \ h--&~ .- . 't..~'::.'--;'epL~l ~.----- L IJ.. Y ::)(If?r rr- ~v~rn and $~tscr1~@d ~,0 b€f~'l~ me th13 ?!' _ day I',; "., A. "0 ,,{ Cl,uJ., ~,--_._.,-- , ~ . __,~ L~t.A..tL ~.II.. _~..__- ..,'" t' r::f1~~y . . ~ Nikki R, Durf, Plaintiff IN THE COURT OF CONNON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Christopher D. Henry, Defendant NO. 97-1514 CIVIL TERM PROTECTION FROM ABUSE ORDER POR CONTINUANCE AND NOW, this ~. I T day of April, 1997, upon conslderat on of the attached Motion for Continuance, the matter scheduled for hearing on April 2, 1997 at 2:15 p.m. in Courtroom No.4. by this Court's Order of March 24, 1997, is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. Certified copies of this Order for Continuance will be provided to the Pennsylvania State, Newville, and Silver Sprin. Police Departments by the plaintiff's attorney. By the Court, 4~.A,d. kevi~ A. He.a, Judl' i Ji -" iffi: ,ii' q Joan Carey Attorney for Plaintiff / - ~.J~ 't/'th'l. ...\ .1'. Richard L. Webber. Jr. Attorney for Defendant ... .3 ?: ~ Ih '---. ". .. ''')~ UJC' - l~, - !"J:"~ (.)' - {f~ ;;: ,~ ,-- O!' ..(Jj @;; r- I .:.~- -., ..J!- n:: ;;0 0::\' u.. H.... I . ...... ." u, ~ a 0 . Nikki R. Durf, IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA Christopher D. Henry, Defendant NO. 97-1514 CIVIL TERM PROTECTION FROM ABUSE NOTION FOR CONTINUANCE The plaintiff moves the Court for an Order generally continuing the hearing in the above-captioned case on the grounds that: 1, A Temporary Protection Order was issued by this Court on March 24, 1997, sChedUling a hearing for April 2, 1997, at 2:15 p.m. ~. The Cumberland County Sheriff's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on March 25, 1997, at approximately 8:40 a.m. at 333 Burgners Road. CarliSle, Pennsylvania. 3. The defendant has retained Richard L. Webber, Jr. to represent him in the matter. 4. The parties by and through their counsel agree that the hearing be generally continued to afford the. time to execute a Consent Alreement. 5, The plaintiff requests that the Temporary Protection Order remain In effect until modified or terminated by the court after notice or hearlna. 6, Certified copies of the Order for Continuance will be g "" ~ ..., ,.. if ~~; ;g ~~ I N r;!L, ~ ~c - ',;> "'c. ~ ~ ~~ c- ~ "'( '0 .. .. )' v. I IN THB COURT OF COMMON PLBAS OF I CtlMBBRLAND COUNTY, PENNSYLVANIA I I NO. 97-1514 CIVIL TBRM I I I NlltltI R. DURF, plaintiff CHRISTOPHBR D. HENRY, Defendant ORDBR OF COURT AND NON, this ~JA~day of May, 1997, upon consideration of the attached Petition to Schedule Hearing, a hearing shall be held on this matter on the ~ day of c;r-l-" " ~ , 1997, at _~;trO ~. .m., in Courtroom No. L/ of the CUmberland County , + Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, BY THB COURT: .AIL A. Hess, Judge Joan Carey, Legal Services Attorney for Plaintiff . ~~ Richard L. Webber, Jr. &,f,'f7 Attorney for Defendant ,.... 'f'~ .... , "0(. ~ r-J ll: - ;:-; .. ~ tur, ~ 'j .- ft" : .':" :,?' .t: . ,-j". .,~ 9: ~ C" ;~) !) 1.[" ('\.! ..,., :- --... '''' . 't!) .- '", ..,.., iJ ,... d C"