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Home My WebLink About97-01740 I I I 1 ~ 1 I u i ~ 1 ~ I I I III :> ~ , ~ I >.... I ~ \ \ \ " ., "- , ,.../ ...... . ~ to- ""'- ~(' ~, c::l.. < under 23 Pa.C.S, 66113,1; iii) a charge of indirect criminal contempt under 23 Pa.C,S, 66114, punishable by imprisonment up to six months and a fine of $100,00-$1,000,00; and iv) civil contempt under 23 Pa,C.S, 66114,1, Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff, The defendant is ordered to relinquish to the sheriff's department any weapons which he owns, possesses, has used or threatened to use against the plaintiff and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order, A hearing shall be held on this matter on the IlJa day of Apri I, 1997. at ! :3D ~.m" in Courtroom No,$'" . Cumberland County Courthouse, Carlisle. Pennsylvania, The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. 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. This Order shal I be docketed in the office of the , , ,I Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mai 1, The Pennsylvania State, Newville and the Carlisle 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 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, g 6113) , By the Court, Sarah M, Myers, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97- CIVIL TERM Jay W. Myers, 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, a 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 COURTHOUSE CARLISLE, PENNSYLVANIA I70lJ TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT 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 information about accessible 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, You must attend the scheduled conference or hearing, ~ :1 I , i I I I the plaintiff on the back causing a red mark, and punched her twice in the arm, During this incident, the defendant threatened to kill himself several times and went to the shed to get his gun causing the plaintiff to fear for her safety, The police arrived at the residence, after the minor daughter called 911, and made the defendant leave for the night, b, In April 1996 and escalating into the present, several times a week the defendant screamed at the plaintiff and followed her around the house causing her to fear for her safety, c, On several occasions since 1981, the defendant has beaten the plaintiff with his fist, shoved and pushed her, grabbed her by the wrists, and raised his hand to hit her, The defendant has punched the plaintiff in the face causing black eyes and nose bleeds, threatened to kill her, and held a gun to her head causing the plaintiff to fear for her life. The defendant has hit the minor daughter in the mouth and has slapped the minor son in the face, On several occasions, the defendant has threatened to kill himself causing the plaintiff to fear for her safety. S, 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, 2 6, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, or the minor children, 7. The plaintiff desires that the defendant be restrained from entering her place of employment. 8, 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, ~ 9, The plaintiff desires that any weapons the defendant , ' owns, possesses, and has used or threatened to use against the plaintiff be confiscated by the Sheriff's Department, D. REIMDURSEMENT FOR COST OF CASE r 10, 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 Abuse Act" of October 7, 1976, 23 Pa,C,S, D 6101 tl ~., 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:" 1, Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of 3 abuse, 2, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children, 3, Prohibiting the defendant from entering the plaintiff's place of employment, 4. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 5, Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against the plaintiff and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the order, 8, 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: \, Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse, 2, Ordering the defendant to refrain from harassing and stalking the plaintiff and from 4 harassing the plaintiff's relatives and the minor children, J, Prohibiting the defendant from entering the plaintiff's place of employment, 4. Prohibiting the defendant from removing, damaging, destroYing or selling property Jointly owned by the parties or owned solely by the plaintiff, 5, Ordering the defendant to relinquish to the sheriff's department any weapons which he owns, possesses or has Used or threatened to use against the plaintiff and prohibiting the defendant from acquiring or POssessing any other weapons for the duration of the Order. 6, 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 PennsYlvania State, Newville, and Carlisle Police Departments have Jurisdiction to enforce this Order, 5 " , The above-named plaintiff, Sarah M. Myers, verifies that the I 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, 9 4904 relating to unsworn falsification to authorities, Date: t-/13/q7 <\..Su~ yn, ~~ Sarah M. Myers, Plaintiff ~ J '.1 ~ r-' '-.~ ,\.: .' 1- r'O, < ,., lIL-. . - , U',- , po:'. "'.'- ,,:'j ~r ~. ( - .' ~ ~ , UP" I - fi~ I: r: '. 'J .-, ~-.. ":L r. L<. r- ,I 0 '"'~. .J , '.,\ ;..,:..: ;, ': .<, '.lj'.' iI.' i" II:::'; I!:.....t 1.-:1.1: i:rr " . 1\ ~. r II I; !: r' I : 1 ~ ~ . Ur-!t',:'fd.i.!:[1 'I t. ..' j\ : , : ~ \ 1'1':", h . 'I 't' ,. _ _ _~ __. ",:___~DJ..._'2....- '/:"-;, t'! 'f'i';h.' J r\ '( :11' I'i ;!i r II Y II I'~ r r : ,11:':Ufl,.1 ,.',',,'1" , ' _ - 1,1 ; Ii '-::. . : : '.' ),~ t' '.ir ,,,- ~\ U '. " ~ itl'.:.' r l..1 i ,11 ,.~. II ! , .' , . '. I ;', ! ., . .: :,,- !, lilt, ',1u 1 "'-:'I,/"i [I ,ol,:'_'(.'ru 1 fl9 n ,-j''''. ~: ~J :: :::; , f:I.;;- 'oo'lU;lr. L-li~ ~I~_~J~~' _2~!' W;) ~:: :";i2f \',.'J 11i1' 'n l' 'y li:-. .1.\ 'f'I . h>-:-' d,. :.-:-n :;:on ':, at. ~:I.'il: H(i'Ji:- .'" , d' r! II ;1>:1'1 ~~ ',-1'- .:It. I~; :--:~.:^'y'I'.H"; r~i;,'\!' !li ',," .'i, :,L.I, r :\ 1"-' " :._'il '~_Lt!.Lr.~:(.lilll' C . 'J:I'_ Y c.r,rj.:~ i' ; ': ;.1 fI 1 -:1, "1 ~ \J I I .: il'. '," ._'i~_~m;~ ' '.1', ;~l , : " ~-lnd ,I! .:-::~ ~_ .;' d f ~ \, ' _X~:."!' ~::~ .-:.__~~~!! _ y ~\0,_IJ.:i~___, -_.' t ,', .j'--- .~ ! j ~_' r ",'1 +. h "li"; T:llPUEA,',', ';,'. _._.__________"n _;~.J_L.:-:.!j__~lrdt: !',____~_J_iJ r [:,'_,!~" - t __ _ _ _ _ ~j~"~._~~':'~;- LI...U-;'! j - ----, :1:1- --' ~ I 'c' ~,:,rr ,- t 1 (.1,,,. :. r '~i H' . ~ I ' t.. , jj'." - <'I; 1 t, n (:.::; 1. h,-"-'l-'?<:':- . , .1',. f:~}:'I~'~':~': ;;;;~~" . '-'I"'J} l-.t:. /\1! ld;j'~'l t III r '-:!i 1 r '.J',:,' '" I ~ ('. '- - '..1 1";(' :""~'V-:'%" ~ ~.. .,' ~ fOP- ~..-...:<: . ..-~-_.---~_.-""-- - .. j j. ~.rl~.j~- ;.:rii;:::-;--.-:r;:__rTrr----- .(.1. , '7:t- ~ -/.y'a- !Z':.~:n _ . / /~ ~""'-'---T" I "'-'JI.':, :'d''::'!" t .-:-~:-- -- , 0, ,....". :1,1 II;' , ' fr..' 6'~ 91 (~L<-P_ ~/14~' f _.. I_I: "I ~ n. " CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97-1740 CIVIL TERM JAY W, MYERS, Defendant PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this ~ day of April, 1997, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1, The defendant, Jay W, Myers, is enjoined from physically abusing the plaintiff, Sarah M, Myers, or from placing her in fear of abuse, 2, The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, or the minor children, 3, The defendant is enjoined from entering the plaintiff's place of employment, 4. The defendant is enjoined from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 5. The Cumberland County Sheriff's Department shall retain custody of any and all of the defendant's weapons until further Order of Court, and the defendant shall not acquire or possess any weapons for the duration of this Order, 6. 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 I :1 I i t':~.::D-C-:;::::: CO: ~, ! :o,'F"t Cj ;~'I I' . ",..,:: r." ',: I L! l" ~ ';..::.!, ..: 'f t_', ....,i - finds that the defendant has committed another act of abuse or has engaged in a patter or practice that indicates continued risk of harm to the plaintiff. 7, 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, 96113; iii) a charge of indirect criminal contempt under 23 Pa,C,S, ~6114, punishable by imprisonment up to six months and a fine of $100,00 - $1,000,00; and iv) civil contempt under 23 Pa,C.S, 96114.1, Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order, 8, The Pennsylvania State, Newville and Carlisle Police Departments will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order by arrest for indirect criminal contempt, The arrest may be 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 not be taken to jail but 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.A. ~6113), By the Court /, . ~ 1(/' ! I _.- i, f,. ) ./ J I Wesl~;~~~'~~)1, { <', r SARAH M, MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, JAY W, MYERS, Defendant NO. 97-1740 CIVIL TERM PROTECTION FROM ABUSE CONSENT AGREEMEN~ This Agreement is entered on this day of April, 1997, by the Plaintiff, Sarah M, Myers, and the defendant, Jay W, Myers, The plaintiff is represented by Joan Carey, of Legal Services, Inc,; the respondent is represented by Anne Shepard, of Griffie and Associates. The parties agree that the fOllowing may be entered as an Order of Court: 1. The defendant, Jay W. Myers, agrees to refrain from abusing the plaintiff, or from placing her in fear of abuse. 2. The defendant agrees not to have any contact with the plaintiff, including but not limited to, entering the plaintiff's place of employment. 3, The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's relatives, or the minor children, 4, The defendant agrees not to remove, damage, destroy or sell property jointly owned by the parties or owned solely by the plaintiff, 5. The Cumberland County Sheriff's Department shall retain custody of any and all of the defendant's weapons until further Order of Court and the defendant agrees not to acquire or possess any weapons for the duration of this Order, SARAH M, MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO: 97-1740 CIVIL TERM JAY W, MYERS, : PROTECTION FROM ABUSE Defendant ORDER AND NOW, this ~ day of ~ v.JI/ , 1998, upon review of the within Petition, it is ORDERED and DIRECTED that any and all of the Defendant's weapons in the custody of the Cumberland County Sheriff's Department shall be returned to the Defendant. '''~} >- C') cr; " t.-- .. "., U.I~ , ~ ..., .:....r t ': CJ~.; r' , u~'c c)' ,.)~ l ~,} 6"' . ! ..1"1. -, l1;. , ; r:::= t5 f ( 9..' ~i ~ "- 'll SARAH M, MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO: 97-1740 CIVIL TERM JAYW,MYERS, : PROTECTION FROM ABUSE , I I Defendant PETITION FOR RETURN OF WEAPONS AND NOW, comes Sarah M, Myers, Plaintiff, and Jay M, Myers, Defendant, seeking the return of Defendant's weapons and in support thereof, aver the following: 1. The parties entered into a Protection From Abuse Order in April 1997, 2, Since the time of the entry of that Protection From Abuse Order, the parties have reconciled and are living together. 3. At the time of the entry of the Protection From Abuse Order, Mr, Myers' hunting rilles and a pellet gun were taken into custody by the Cumberland County Sheriffs Department and were to remain in the Cumberland County Sheriffs Department until further Order of Court, 4, Sarah M, Myers does not fear bodily injury from Jay W, Myers, 5, Sarah M. Myers has not sought to have the Protection From Abuse Order extended, 6. The Protection From Abuse Order expired on April 13, 1998, 7, The Defendant seeks the return of his hunting rilles and one pellet gun from the Cumberland County Sheriffs Department. 8, Plaintiff, Sarah M, Myers, does not object to the Cumberland County Sheriffs Department surrendering custody of any and all of the Defendant's weapons to the Defendant. WHEREFORE, Plaintiff and Defendant pray This Honorable Court to Order the Cumberland County Sherill's Department to surrender all of the weapons they currently are retaining in custody belonging to Jay W, Myers, Respectfully submitted, GRIFFIE & ASSOCIATES VERIFICATION I 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. Section 4904, relating to unsworn falsifications to authorities, DATE: ~'- cD ~ 9 y JAY '. ,I I I I : I, ,.. ,I ;', >- If) , rr. l" ", .- ,- N ~I~ Cl -)..:- t1~:; , , " , ~ ( - . fEi'- " u.. ? -:; CJ(-, OCt ,- Dc;' <'; U:i'1.. I 1,:, , ,'. fi:v ~. ..1: tJ - , "- ==; : .I:J.. l( 00 :::' u '" u