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HomeMy WebLinkAbout97-01880 .n \I ~ " It ~ ~ ~ ~ ~ -r= .1 ::t , \~. ',~ J , ./ ./ , '- '" ~ - . . .:) , CJ .1 !;"o. (i-. ~ , Michele D. Hinton, Plaintiff and on behalf of her minor child: Rashad Barnes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.97-/~80 CIVIL TERM I vs. Calvin E. Barnes, Defendant PROTECTION FROM ABUSE AND CUSTODY AND NOW, this IO~ day of April, 1997, upon presentation , , I i I I , TEMPORARY PROTECTION ORDER and consideration of the within Petition, and upon finding that the plaintiff, Michele D. Hinton, and the minor child, now ~. , residing at 218 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania, are in immediate and present danger of abuse from the defendant, Calvin E. Barnes, the following Temporary Order is " entered. ~ The defendant, Calvin E. Barnes, (SSN: unknown and date of birth: 6/2/54) now residing at 424 N. West Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Michele D. Hinton, or the children, or placing them in fear of abuse. The defendant is ordered to stay away fram the plaintiff's current residence to which the plaintiff and the minor child moved to avoid abuse, and any other residence the plaintiff may establish. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, or the minor ehildren. The defendant is enjoined from entering the plaintiff's place of employment and the schools of the minor child. The defendant is enjoined from removing, d~maging, destroying or selling any property owned jOintly by the parties or owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Va.C.S. g6113; ii) a private criminal complaint under 23 Pa.C.S. g6113.1; iii) a charge of indirect eriminal contempt under 23 Pa.C.S. g6114, 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. ~6114.1. 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. Temporary custody of Rashad Barnes is hereby awarded to the plaintiff, Michele D. Hinton. A hearing shall be held on this matter on the It." day of April, 1997, at '1' al> ,:) .m., in Courtroom No...L, Cumberland . County Courthouse, Carlisle, Pennsylvania. ., :i' :1 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 shall be 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 mail. The Carlisle Police Department will be provided with a certified copy 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. ~ 6113). By the Court, ;J. i. ! 'i i,i I , , I I II: i . ' ''S'l Cl\, \~I~\ '\iJD\I(~7\~ \"" 'I. _:","..:.;"qr,..,._ ,\~ " . """ ~ -/ '" 'IU:', "'f ... ' " i,~ U I ~J/L(J \hi.. , .../.2.-.,.', " . ;] .".. . ~ ''1W''O . ...... .., ~ .. -r.' 7. '~" - ~:J.:J Michelc D. Hinton, Plaintiff and on behalf of her minor child: Rashad Barnes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.97- I~~u CIVIL TERM vs. Calvin E. Barnes, Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take aetion 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 takc 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 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABII,ITIES 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. " Michele D. Hinton, Plaintiff and on behalf of her minor child: Rashad Barnes IN TilE COURT OF COMMON PLEAS OF I I I vs. CUMBERLAND COUNTY, PENNSYLVANIA NO.97-1~8'O CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY i I, I Calvin E. Barnes, Defendant A. ABUSE PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. 6 6101 et seq. 1. The plaintiff, Michele D. Hinton, is an adult individual whose previous residence was 2611-32nd Street, Washington, DC. 2. The plaintiff is temporarily staying at 218 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania. 3. The defendant, Calvin E. Barnes, (SSN: unknown)(Date of Birth: 6/2/54), is an adult individual residing at 424 North West Street, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The defendant is the father of the plaintiff's son. 5. Since approximately 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused serious bodily harm to the plaintiff, has falsely imprisonment the plaintiff pursuant to 18 Pa.C.S. ~ 2903, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff and the minor child including 1 following the plaintiff and the child, without proper authorization, under circumstances which have placed the plaintiff and the child in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about April 3, 1997, the defendant came to the plaintiff's grandmother's residence harassing the plaintiff and threatening that he will "put a hole in her head and in the head of anybody she is dating," and he further threatened her saying, "You must want me to hurt you," causing the plaintiff to fear for her safety. b. Since approximately March 21, 1997, soon after the defendant got out of jail, he pursued the plaintiff who had come to the Carlisle area to avoid further abuse by the defendant. The defendant repeatedly telephoned the plaintiff at her family's residence in Carlisle and came to her grandmother's residence causing the plaintiff to fear for her safety. c. On or about March 11, 1997, the defendant repeatedly followed the plaintiff from room to room, screaming at her, cornering her in the rooms, and standing in front of doors preventing her escape. When thc plaintiff tried to ~et some personal belongings to leave the residencc, the defendant forcefully punched 2 t . the plaintiff in the head knocking her into n window. As the plaintiff ~rnbbed her son in an effort to take him and leave, the defendant stood in front of her, forcefully pushed her away from the door causing her and the child to fall down. The defendant then repeatedly punched the plaintiff on hcr head and body while she was holding their son. During this time, the defendant also hit the child causing a scratch on his face. The defendant then grabbed the plaintiff's foot with both his hands twisting it causing her to have a broken ankle and excruciating pain. When the plaintiff got up off of the floor and tried to limp to the front door with her son, the defendant stood in her way. The plaintiff then limped to the balcony and screamed for somebody to help her. The defendant told her that she would have to jump off of the balcony because he was not going to let her and the child leave. When the plaintiff told the defendant that if he did not let her leave, he was going to go to jail, the defendant then let the plaintiff go out the door but followed her down the steps. As the plaintiff limped away, the defendant kept jumpin~ in front of her telling her to go back inside and talk causing her to fear for her safety. The plaintiff saw a women in the parking lot of a Community Ccnter and asked for help. As the women 3 helped the plaintiff into the Center and called the police, the defendant followed them, but he was prevented from entering the Center. When the police arrived, the defendant was arrested on a non-support warrant and placed in jail. The plaintiff went to the hospital by ambulance. After the plaintiff was treated at the hospital for her injuries, she left their residence in Temple Hills, Maryland, and returned to the Carlisle area to avoid further abuse. d. In or about August 1996, the defendant forcefully choked the plaintiff and told her that he only stopped because he heard their son screaming. e. In or about March 1996, while the plaintiff was holding their son, the defendant repeatedly punched the plaintiff about her head and body, with one of the punches hitting their son causing a bruise on his leg. f. On several different occasions since 1990, the defendant has choked, slapped, punched, kicked, and shoved the plaintiff and pulled her hair. On one occasion, the defendant grabbed the plaintiff by her hair and dragged her by her hair into another room. On several occasions, the defendant has threatened to kill the plaintiff if he sees her with another man or if she ever takes his son away from him causing the plaintiff to fear for her safety. On a weekly basis, the 4 defendant pushed the plaintiff, blocked the front door if she tried to leave, grabbed the telephone from her if she tried to call for help, cornered her in rooms, and either slept on a sofa by the front door or stayed awake so that the plaintiff could not leave the residence during the night causing her to fear for her safety. 6. On or about March 11, 1997, the plaintiff and her minor child left their residence at 2611-32nd Street, Washington, DC, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she and the minor child are in immediate and present danger of abuse from the defendant and that they are in need of protection from such abuse. 8. 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, except for the limited purpose of facilitating custody arrangements. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, or the minor child. 10. The plaintiff desires that the defendant be restrained from entering her place of employment or the school of the minor child. 5 11. 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. 11. EXCt.USIVE POSSF.SSION 12. The home which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. 13. The defendant is presently living with his sister at 424 N. West Street, Carlisle, Pennsylvania. C. LOSSES AND REIMBURSEMENT FOR COST OF CASE 14. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 15. 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. D. TEMPORARY CUSTODY 16. The plaintiff seeks temporary custody of the following child: Name Present Residence Agg Rashad Barnes 218 N. Pitt Street Carlisle, PA 5 yrs. old DOB 4/17/91 The child was born out of wedlock. The child is presently in the custody of the plaintiff, Michele D. Hinton, who resides at 218 N. Pitt Street, Carlisle, 6 Pennsylvania. The plaintiff currently resides with the following persons: Nl!me RelationRhip Jean Jordan Rashad Barnes Briana Satchell grandmother son daughter During the past five years, the child has resided with the following persons and at the following addresses: Name AddresseR Dates Plaintiff, Billy and Briana Satchell (plaintiff's children) 319 N. Pitt St. Carlisle, PA 4/17/91 to 10/91 Plaintiff, defendant, and Adreian Barnes (defendant's brother) 10/91 to 1994 52 R Street Washington, DC Plaintiff, defendant, and Adreian Barnes 2611-32nd St. Washington, DC 1994 and 5/96 Plaintiff and defendant 3001 Branch Ave. Temple Hills, MD 5/95 to 10/95 10/95 to 2/25/97 2/26/97 to 3/11/97 3/11/97 to present Plaintiff and Adreian Barnes 2611-32nd St. Washington, DC Plaintiff, defendant, and Adreian Barnes 2611-32nd St. Washington, DC Plaintiff and 218 N. Pitt St. Jean Jordan Carlisle, PA (plaintiff's grandmother) The plaintiff, the mother of the child, currently resides at an undisclosed location. She is single. The defendant, the father of the child, currently resides at 424 N. West Street, Carlisle, Cumberland County, Pennsylvania. 7 i .;' ,I :1 f. He is single. I The defendant currently resides with the following persons: Name Relationship Vicki Barnes Philip sister nephew 17. The plaintiff has not previouSly participated in any litigation concerning custody of the above mentioned child in "'. jI' this or any other Court. 18. The plaintiff has no knowledge of any custody '.. proceedings concerning this child pending before a court in this or any other jurisdiction. 19. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to - " have custody or visitation rights with respect to the ehild. 20. The best interests and permanent welfare of the minor child will be met if custody is temporarilY granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor child, and has provided for the emotional and physical needs of the child since his birth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. c. The defendant's behavior has adversely affected 8 ! the child. ~ I f " WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 et seQ., as amended, the plaintiff prays this Honorable I', 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 ;10 abusing the plaintiff and the minor child or placing them in fear of abuse. ., 2. Ordering the defendant to refrain from having including, but not limited to, telephone and 1._ ~< I any direct or indirect contact with the plaintiff written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor child. 4. Prohibiting the defendant from entering the plaintiff's place of employment and the school of the minor child. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 9 / 6. Ordering the defendant to stay away from the plaintiff's current residence located at 218 N. Pitt Street, Carlisle, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establish. 7. Granting temporary custody of the minor child to the plaintiff. 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: 1. Ordering the defendant to refrain from abusing the plaintiff and the minor child and placing them 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 and the minor child. 4. Prohibiting the defendant from entering the plaintiff's place of employment or the school of the minor child. 5. Prohibiting the defendant from removing, 10 damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's current residence located at 218 N. Pitt Street, Carlisle, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establish. 7. Granting temporary custody of the minor child to the plaintiff. 8. Ordering the defendant to reimburse the plaintiff's out-of-pocket losses suffered as a result of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit A. 9. 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 a certified copy of this Petition and Order be delivered to the appropriate police department which has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. 11 The above-named plaintiff, Michele D. Hinton, 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. ~ 4904 relating to unsworn , , ,. falsification to authorities. Date: .(./c<;' c 7 y. - .../ ~.~.~t_L' / ~~'-;,/ Michele D. Hinton, Plaintiff :.r. i i , I I Michele D. Hinton, Plaint i ff and on behalf of her minor children: Rashad Barnes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.97- CIVIL TERM vs. Calvin E. Barnes, Defendant PROTECTION FROM ABUSE AND CUSTODY I.. .... I ! OUT-OF-POCKET LOSSES The plaintiff requests that the defendant reimburse her out- !~ i of-pocket losses, including but not limited to the following: il- I Any and all medical expenses not reimbursed through the plaintiff's medical insurance coverage relating to injuries she sustained as a result of the incident on or about Harch 11, 1997. Exhibit A L {~. ,:> t:-> I ( .oJ .. '" r ~ ~, ~.. 'j I r~~ . " ," :' J .'T} , r- I / . ,;., I ,.... , (::I .;7 ~-:: ',n I ~ ,.,... .. -'J :. \)..t .... :l') ~ > , :,.;s :lrn ," il ~ ." :-,3 0 ll.) -< 0;- \ Michele D. lIint.on, Plaintiff and on behalf of her minor child: Rashad Barnes IN TilE COURT OF COMMON Pi,EAS OF CUMBERLAND COUNTY. PENNSYi.vANlA NO.97- 1880 CIVlL TERM vs. Calvin E. Barnes, Defendant PROTECTION FROM ABUSE AND ClJSTODY MOTION FOR CONTINUANCE The plaintiff. by and through her attorney, moves the Court for an Order generally continuing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on April 10, 1997, scheduling a hearing for the 16th day of April, 1997, at 2:00 p.m. 2. The Cumberland County Sheriff's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on April 15, 1997. 3. The parties agree that the hearing be generally continued to afford them time to execute a Consent Agreement. 4. The plaintiff requests that the Temporary Protection Order remain in effect for one year or until modified or terminated by the court after notice and hearing. 5. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Department by the attorney for the plaint! ff. WHEREFORE, the plaintiff requests that the Court grant this I , I I I. ~ .;' ,. Motion and continue this matter generally, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, t1 LEGAl. SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 I ,<. CRIMINAL COMPLAINT (POLICE) ~.-. Paula Correal DlsmlCT JUSTICE MAGISTERIAL DISmlCT NO, 09-2-01 1 Courthouse Sq./Annex Carlisle, PA 17013 A 78935 COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. I. Patrolman Gary W. Shulenberger, Badge #14 ( Namt of Affiant) of the Carlisle Police Department, Carlisle, PA (Idtntif)' dtpanmtrU or agtnC')' rrprrstnttd and "oUlica/ JuM/viJ/rlll) NAME AND ADDRESS RS.A. AKA do hereby state: I accuse the above named defendant. who lives at the address set forth above or. I accuse an individual whose name is unknown to me but who is described as (I) l1Q .....0 ~ i !f 1l o '- o his nickname or popular designation is unknown to me and, therefore, I have designated him herein as John Doe, with violating the penal laws of the Commonwealth of Pennsylvania at 133 N. Pitt St., Carlisle, PA (P/act./bIlllral SubdMs/on) Ub-UY-Y/, at about Ij(){) hours in OJrnberland County on or about Pnrtici pan ts were (iflllt" "'t'rt panlcipanlJ, plact lhtlr nama hut', ftptallng Iht namt of aboyt' dt/tndant): (2) The acts commilled by the accused were: 0 INDIRECl' CRIMINAL <XlN'nMPT The defendant violated an Order issued under the Protection From Abuse Act NO.97-1BBO Civil Term signed on the 10th day of April, 1997, by the Honorable Judge Hevin A. Hess. The Order directed the defendant to refrain from having any direct or indirect contact with the plaintiff and to refrain from harassing and stalking the plaintiff, however, the defendant did state "I'll get you, I'll get YOIJ Bitch" in the presence of a Police Officer and then followed the victim for a block and a half before the Police Officer told the defendant to stay away from the victim or he would be arrested. About 30 minutes later the defendant went to the victim's father's house where she sought shelter and pounded on the front and back door. The defendant was then spotted in front of the victim's fat:Qer's house by the same Police Officer who had warned him 30 minutes prior to stay away from the victim, and the defendant was placed under arrest. all of which were ~ainst the lace and dig~ommonwealth of Penns Ivania and contrar to the Act of Assembl . or in violation of 'iW~ ~;!.JlID. and . r.'~ of the Act of .' (Stet/on) (Sub's<<llon) or the~~\~tli(~.~ Ordinancp. of t?iFY.'W.~;;'f\;~~~~~~, ( /'ollt/ral Sub. dM>lon) (3) I ask that a warrant of arrest or a slim mons be issued and that the accused be required to answer the charges I have made. (4) I verify that the facts set forth in tl.i. complaint are true and corrcct to the best of my knOWledge or information and belief, This verification is made subject to the penalties of ection 4904 of t e Crimes Code (18 Pa. c.. S, ~ 4904) relating to unsworn falsification to authorities. June 9 1997 '- AND NOW, on this date . 19 _' I certify the compl Int has been properly completed and verified. and that there is probable cause for issuance of process, :Z7:w ..; J - '~'~ _:.:~..-J' (SEAL) ( Magis/trial District) (Issuing Authority) AFFIDAVIT RIDER CONTAINING PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREST FD~ Calvin Eugene Barnes, 424 N. West St., Carlisle, PA 17013, B/W45 , OOB: 06-02-52 SSN: 191-42-9931, Phone #249-6930 On 06-09-97 at 1231 hours, the defeooant and the victim, Michele Hinton, were having a disagreement about their son Rashad. PllM Shulenberger interviened aoo the victim took custody of her son. The defendant then while in the presence of the police officer stated to the victim "r'll get you, rIll get you Bitch." The Police Officer was on bike patrol and rode beside the victim as she and her 2 children walked away fran the area where the defendant was working. The defendant followed the Officer and the victim for a block and a half. At that time the Officer got off of his bike and told the victim to keep walking. The defendant was told by the Police Officer that he was to stay away fran the victim and to not go anywhere near him or he would be arrested. The defendant then left and the Officer caught up to the victim and escorted her to her father's house. About a half hour later the defendant went to the victim's father's house and pounded on the front and back door but was not let in. The defendant was spotted by the same Police Officer that had warned him 30 minutes earlier to stay away from the victim and the defendant was placed under arrest. June 97 ...........................19...... Personally appeared belore me on ............................... 19...... the Alllant above named. who, being duly sworn (alllrmed) according to law. signed this Allldavlt Rider In my presence and depoSed and said that the lacts setlorth tIIereln are true and correct to the best 01 Alllants knowledge. Inlormallon and bellel. (Issuing Authority) (SEAL) Michele D. Hinton, Plaintiff and on behalf of her minor child: Rashad Barnes vs. Calvin E. Barnes, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.97- 1880 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this ~ day of April, 1997, upon consideration of the attached Motion for Continuance, the hearing scheduled for the 16th day of April, 1997, at 2:00 p.m. is hereby continued party to request a hearing. generally. This Order is entered without prejUdice to either The Temporary Protection 0 .r shall remain in effect for one year or until modi fied or tf ,'minated by the court. The Cumberland County Sheriff's Department shall attempt to make serviee at the plaintiff's request and without pre-payment Rule of Civil Procedure. of fees, but service may be accomplished under any applicable A certified copy of this Order for Continuance will be provided to the Carlisle Police Department by the plaintiff's attorney. Joan Carey Attorney for Plaintiff Calvin E. Barnes Pro Se By the Court, /~if~(L 1~ evin A. Hess, Judge TRUE COpy FROM RECORD In Testimony whereof, I hore unto set my hand and the seal of said Court afCarllsle, Pa. PJ11~'ft:::.;. day oL~..., 19.q,Z. ~..fl....Yr~'l"* Prothonotary / . Michele D. Hinton, Plaintiff and on behalf of her minor child: Rashad Barnes IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO.97- IBBO CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY Calvin E. Barnes, Defendant MOTION FOR CONTINUANCE The plaintiff, by and through her attorney, moves the Court for an Order generally continuing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on April 10, 1997, scheduling a hearing for the 16th day of April, 1997, at 2:00 p.m. 2. The Cumberland County Sheriff's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on April 15, 1997. 3. The parties agree that the hearing be generally continued to afford them time to execute a Co~sent Agr~ement. 4. The plaintiff requests that the Temporary Protection Order remain in effect for one year or until modified or terminated by the court after notice and hearing. 5. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Michele D. Hinton, Plaintiff and on behalf of her minor child: Rashad Barnes IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- \'O~O CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY Calvin E. Barnes, Defendant TEMPORARY PROTECTION ORDER AND NOW, this __\O~ day of April, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Michele D.. Hinton, and the minor child, now residing at 218 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania, are in immediate and present danger of abuse from the defendant, Calvin E. Barnes, the following Temporary Order is entered. The defendant, Calvin E. Barnes, (SSN: unknown and date of birth: 6/2/54) now residing at 424 N. West Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Michele D. Hinton, or the children, or placing them in fear of abuse. The defendant is ordered to stay away from the plaintiff's current residence to which the plaintiff and the minor child moved to avoid abuse, and any other residence the plaintiff may establish. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. Temporary custody of Rashad Barnes is hereby awarded to the The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, or the minor children. The defendant is enjoined from entering the plaintiff's place of employment and the schools of the minor child. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of tlais.Order may subject the defendant to: i) arrest under 23 Va.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. g6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. g6114, 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. ~6114.1. 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~ plaintiff, Michele D. Hinton. A hearing shall be held on this matter on the April, 1997, at d:OO ~ .m., in Courtroom NO..::L, \(P~ day of 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 shall be 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 maiL The Carlisle Police Department will be provided with a certified copy 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. ~ 6113). By the Court, TRUE COpy FROM RECORD T ostlloony whereof, , here unto set my hand .md the seal of said Court at Carlisle, ~' :h;s 1~~(1dalJ{Ht:::c;.. &t,,1 Prothano\ary -44-~ 4JU~ Michele D. Hinton, Plaintiff and on behalf of her minor child: Rashad Barnes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.97- CIVIL TERM Calvin E. Barnes, Defendant : PROTECTION FROM ABUSE AND CUSTODY vs. . . 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. NOTICE 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 fOU do have a lawyer or cannot afford one, go to or telephone the office forth below to find out where yoU can get legal help. FEES AND COSTS COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by't 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. Michele D. Hinton, Plaintiff and on behalf of her minor child: Rashad Barnes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.97- CIVIL TERM vs. Calvin E. Barnes, Defendant PROTECTION FROM ABUSE : AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. D 6101 et seq. A. ABUSE 1. The plaintiff, Michele D. Hinton, is an adult individual whose previous residence was 2611-32nd Street, Washington, DC. 2. The plaintiff is temporarily staying at 218 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania. 3. The defendant, Calvin E. Barnes, (SSN: unknown)(Dat~ of Birth: 6/2/64), is an adult individual residing at 424 North West Street, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The defendant is the father of the plaintiff's son. 6. Since approximately 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused serious bodily harm to the plaintiff, has falsely imprisonment the plaintiff pursuant to 18 Pa.C.s. g 2903, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff and the minor child includinB 1 following the plaintiff and the child, without proper authorization, under circumstances which have placed the plaintiff and the child in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about April 3, 1997, the defendant came to the plaintiff's grandmother's residence harassing the plaintiff and threatening that he will "put a hole in her head and in the head of anybody she is dating," and he further threatened her saying, "You must want me to hurt you," causing the plaintiff to fear for her safety. b. Since approximately March 21, 1997, soon after the defendant got out of jail, he pursued the plaintiff who had come to the Carlisle area to avoid further abuse by the defendant. The defendant repeatedly telephoned the plaintiff at her family's residence in Carlisle and came to her grandmother's residence causing the plaintiff to fear for her safety. c. On or about March 11, 1997, the defendant repeatedly followed the plaintiff from room to room, screaming at her, cornering her in the rooms, and standing in front of doors preventing her escape. When the plaintiff tried to get some personal belongings to leave the residence, the defendant forcefully punched 2 the plaintiff in the head knocking her into a window. As the plaintiff grabbed her son in an effort to take him and leave, the defendant stood in front of her, forcefully pushed her away from the door causing her and the child to fall down. The defendant then repeatedly punched the plaintiff on her head and body while she was holding their son. During this time, the defendant also hit the child causing a scratch on his face. The defendant then grabbed the plaintiff's foot with both his hands twisting it causing her to have a broken ankle and excruciating pain. When the plaintiff got up off of the floor and tried to limp to the front door with her son, the defendant stood in her way. The plaintiff then limped to the balcony and screamed for somebody to help her. The defendant told her that she would have to jump off of the balcony because he was not going to let her and the child leave. When the plaintiff told the defendant that if he did not let her leave, he was going to go to jail, the defendant then let the plaintiff go out the door but followed her down the steps. As the plaintiff limped away, the defendant kept jumping in front of her telling her to go back inside and talk causing her to fear for her safety. The plaintiff saw a women in the parking lot of a Community Center and asked for help. As the women 3 helped the plaintiff into the Center and called the police, the defendant followed them, but he was prevented from entering the Center. When the police arrived, the defendant was arrested on a non-support warrant and placed in Jail. The plaintiff went to the hospital by ambulance. After the plaintiff was treated at the hospital for her injuries, she left their residence in Temple Hills, Maryland, and returned to the Carlisle area to avoid further abuse. d. In or about August 1996, the defendant forcefully choked the plaintiff and told her that he only stopped because he heard their son screaming. I F I e. In or about March 1996, while the plaintiff was holding their son, the defendant repeatedly punched the plaintiff about her head and body, with one of the punches hitting their son causing a bruise on his leg. f. On several different occasions since 1990, the defendant has choked, slapped, punched, kicked, and shoved the plaintiff and pulled her hair. On one occasion, the defendant grabbed the plaintiff by her hair and dragged her by her hair into another room. On several occasions, the defendant has threatened to kill the plaintiff if he sees her with another man or if she ever takes his son away from him causing the plaintiff to fear for her safety. On a weekly basis, the 4 ,~~ defendant pushed the plaintiff, blocked the front door if she tried to leave, grabbed the telephone from her if she tried to call for help, cornered her in rooms, and either slept on a sofa by the front door or stayed awake so that the plaintiff could not leave the residence during the night causing her to fear for her safety. 6. On or about March 11, 1997, the plaintiff and her minor child left their residence at 2611-32nd Street, Washington, DC, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she and the minor child are in immediate and present danger of abuse from the defendant and that they are in need of protection from such abuse. 8. 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, except for the limited purpose of facilitating custody arrangements. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, or the minor child. 10. The plaintiff desires that the defendant be restrained from entering her place of employment or the school of the minor child. 5 , , 11. The plaintiff desires that the defendant be enjoined from remOVing, damaginK, destroYing or selling any Property owned Jointly by the PartieD or oWned Bolely by the plaintiff. D. EXCLUSIVE POSSESSION 12. The homo which the plaintiff is asking the Court to I order the defondant to Dtay aWay from is not owned or rented in the defendant's name. 13. The defendant is prosently liVing with his sister at 424 N. West Street, CarliRle, PennSYlvania. O. I,OSSES AND REIMBURSEMENT FOR COST OF CAS~ 14. The plaintiff has suffered losses as a result of the abUse by the defendant. The losses are listed on Exhibit A attached. 16. The plaintiff asks that the defendant be ordered to pay $260.00 to reimburso one of Legal Services, Inc.'s funding sources for tho cost of litigating this case. D. TEMPORARY CUSTODy: 16. Tho plaintiff seeks temporary custOdy of the fOllOWing child: lUwl Ereoent Residenc~ Ab Rashad Darnes 218 N. Pitt Street Carlisle, PA The child Was born out of wedlock. 6 yrs. old DOB 4/17/91 The child is presently in the custody of the plaintiff. Hichele D. Hinton, who resides at 218 N. Pitt Street, Carlisle, 6 Pennsylvania. The plaintiff currently resides with the following persons: Name Relationship Jean Jordan Rashad Barnes Briana Satchell grandmother son daughter During the past five years, the child has resided with the following persons and at the following addresses: Name Addresses Dates Plaintiff, Billy and Briana Satchell (plaintiff's children) 319 N. Pitt St. Carlisle, PA 4/17/91 to 10/91 Plaintiff, defendant, and Adreian Barnes (defendant's brother) 62 R Street Washington, DC 10/91 to 1994 Plaintiff, defendant, and Adreian Barnes 2611-32nd St. Washington, DC 1994 and 6/96 6/95 to 10/95 10/95 to 2/26/97 2/25/97 to 3/11/97 3/11/97 to present ! I Plaintiff, defendant, and Adreian Barnes 2611-32nd St. Washington, DC Plaintiff and defendant 3001 Branch Ave. Temple Hills, MD Plaintiff and Adreian Barnes 2611-32nd St. Washington, DC Plaintiff and 218 N. Pitt St. Jean Jordan Carlisle, PA (plaintiff's grandmother) The plaintiff, the mother of the child, currently resides at an undisclosed location. She is single. The defendant, the father of the child, currently resides at 424 N. West Street, Carlisle, Cumberland County, Pennsylvania. 7 . . the child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. g 6101 et ~., 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 and the minor child or placing them 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 and the minor child. 4. Prohibiting the defendant from entering the plaintiff's place of employment and the school of the minor child. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 9 . . 6. Ordering the defendant to stay away from the plaintiff's current residence located at 218 N. Pitt Street, Carlisle, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establish. 7. Granting temporary custody of the minor child to the plaintiff. 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: 1. Ordering the defendant to refrain from abusing the plaintiff and the minor child and placing them 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 and the minor child. 4. Prohibiting the defendant from entering the plaintiff's place of employment or the school of the minor child. 5. Prohibiting the defendant from removing, 10 . I, . damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's current residence located at 218 N. Pitt Street, Carlisle, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establish. 7. Granting temporary custody of the minor child to the plaintiff. 8. Ordering the defendant to reimburse the plaintiff's out-of-pocket losses suffered as a result of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit A. 9. 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 a certified copy of this Petition and Order be delivered to the appropriate police department which has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. 11 .. ", .. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 21. The allegations of Count I above are incorporated herein as if fully set forth. 22. The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as set forth in paragraph 20 of the petition. WHEREFORE, pursuant to 23 Pa.C.S. g 5301 et ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted. ". 1 J an Carey, At EGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 for Plaintiff 12 Michele D. Hinton, Plaintiff and on behalf of her minor ehild: Rashad Barnes IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYlNANIA NO.97- IRaO CIVTJ, TERM vs. Calvin E. Barnes, Defendant. PROTECTION FROM ABUSE AND CUSTODY CERTIFICATE OF SERVICE I, Connie L. Thomas, do hereby certify that. on April 21, 1997, I did serve upon the defendant, Calvin E. Barnes, in the above-captioned case the Order and Motion for Continuance by U.S. Certified Return Receipt. Requested Mail at 424 N. West Street, Carlisle, Cumberland County, Pennsylvania. (~~ //~ArnA'~ Connie L. Thomas, Paralegal LEGAl, SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ("~ ~D n ,. -J ., -.,. r> , I ~;ry ~;: ,h .) ,,':, C (. .\OJ . ) r.~ ';0 '" :7J ,(.") .. " , n ", ,- , C.) ..J ...:; SURETY. BONDSMAN, REAL TV BAil BOND .ft411'l.AN.INUOi~~(O PO 1011'.... ......llll"~POIlI,.... 1710) CERTIFICATION OF BAIL AND DISCHARGE OTN CQUl.AONW(AL Hi 'is 1V.I.rwJ.nt N.tM.nd "'~I'UI Calvin E. Barnes 424 North West Street Carlisle PA 17013 o ADA (no surely) 0 Nommal Ball Beil (IOlelemounl5el.II eny) $ 1,000.00 o Condil~nl 01 R.!.""asld. Irom .ppearlng aI courl wnen roqulledl No contact with Michele Hinton (allach addendum. II necessary) SlCURITYOR SURETY\lr MHI o Surely Company GJ ProleSSlonal Bondsman LI Really o OIMr $1,000.00 JUDGl QR1SSUlNQAUTHQRITY Hen. Kevin A. Hess APPEARANCE OR BAIL BOND THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES, APPLICABLE PORTION OF REVERSE SIDE MUST BE COMPLETED ---~- POllel CA~>[ '.0 OJ NO CtIAIl(.11!.1 Cf' ""U'M' 97-1880 Civil Term DATlOf CllAnGbSI Violation of Protection Fran Abuse Order DATE ANDflMI NEXT COURT ACTION Courtroan 4 6 11 97 9:00 A.M. TO ex OolOnllon Conler o Olher I hereby celllly lhal sulllClenl ball has been enlored o By Iho delendanl KJ On behall ollhe delendanl by Vivian Rockey 707 (N~m. 4 A(1(7Il!'U 0' SUfefrl (L,uns. No I . Relund 01 cash ball Will be made Within 20 days aller Imal dlspoSlllon (pa R Cr P 4015(bll . Retund 01 all other types 01 ball Will be made promplly alter 20days lollowmg Ilnal dlSpoSlllon (Pa A Cr P 4015(all . Bring Cash Bad RecelplloClcrk 01 Courl. DISCHARGE THE ABOVE.NAMEO DEFENDANT FROM CUSTODY IF DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATEO. Given under my hand and the Olllclal Seal of Ihls Courl, IhlS 10th dayol June ,19 97 ~try. ,P 'llJrAA,.r- (C/f'I~ 01 Cou,tOf /nu,n u""o"I~1 (SEAL) WE, THE UNDERSIGNED, d.l.ndlnl Ind luroly. our 'ucc...o.., h.l.. Ind 1..lgn., .ro Jolnlly Ind ....rolly bound 0 PlY 10 CommonwlIllh 01 P.nn.yl..nlllhllum 01 (Jnp thrlll""nn doll... ($ 1. 000.00 I. SEE REVERSE SIDE FOR BAil CONDITIONS CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surety IsA Corporation) ,PrinCipal. and hereby cerllfy thai the amount paid by said Pnncipal 10 said Surety lor ball In Ihe above mailer IS S and that no further sum or sums IS 10 be paid therefore by the said Pflncipal or anyone on hiS be hall We further cerllfy that said Principal has given to said Surely counter indemnify conslshng 01 01 In. ..Iu. 01 $ aslollows: , SU'e1y, and no further counter indemnity ista be given Ihe said Surety excepf We further certlly lhatthere are no judgments againSllhe said ccrporale surely outstanding and unpaid lor a perIOd 01 more Ihan thllly days trom the dale olthe entry 01 such ludgment exceptlhose 10 whiCh a pelltlon 10 open or vacate the Judgment has been llIed and remains undisposed 01' D'led: .19 MUST BE SIGNED IN PERSON BYTHE APPROVED AGENT I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL, The foffowmg acknowledgement IS also appl/ClJble ,'Percentage ClJSh Ball,s used THIS BONO SIGNED ON June 10 al Carlisle 191Z- PENNSYLVANIA SIgned and acknowledged belore me thiS 1 nt-h day of ,'1 InP .19~ ~a-.-'. f? ~/.O,r<.r--- ((leI. 01 COli"01 ",'ngAul/'Jo/J'rl . In Celse 01 corporate surely ball. Power 01 Attorney must be aftrxed to bond or othorWlse bond is mvalid ORIGINAL 1"',Il("fld1j (SEAL) (SEAL) x (SEAL) (SEAL) Signature of Surety (May be B dsma al Agency, or pflvate mdlvlduel/or organ/laMn) Except when d fend nt IS released on hiS own recognllance (ROm. thiS musl be m all ball s/tuel!/Qns. mC;;;"'db;~A /l/u sf A[)[Ull !,:,Ol ~iUIlI I, ~iUIlII' Ctll,4I'Atn 0110111 NtlAt~1 /rt/j;Jt, I ~. /7//:5 ~ull'l, "II> ", 'J,,)I"~~I"I1,j1 fl""t1\m,ln I >c.'nlft "lei <\ "j~',Ir~)lllJ..ll' . In case 01 Percentage Cash Bal/ or Nommal 8.1//, Power 01 Attorney IS not required o\OPC oIU 1\1 , . . . , ." 97~lBBO CIVIL TERM MICHELE D. HINTON, Plaintiff and on behalf of her minor child: RASHAD BARNES V. CALVIN E. BARNES, Defendant PETITION FOR WORK RELEASE C) \0 ~ C ~ ~~ "OrT; c... 1 !;pt, ~ ."71 :;:1'- - is ~.I_~ '" C ;0:: ~ ~ ~Q c ~ - C5 .. ~ ~ 0 - Ellen K. BArry, Esquire OFFICE OF THE PUBLIC DEFENDER OF CUMBERLAND COUNTY COURT HOUI. CARLISLII, PENNIYLVANIA 17013 I I I .. ., , to I (f I~i-' . .. ::W vI-a - 8~ (' KLo uJ ()'( k:~ - ~ ~.. oto i 'J --~ .. ...... ,..--. ..-- .---~..-. . o ,,,,^ Q..J-r C-n 'C)'\\ __nu___.._. _n_ ---..\.....-U ~_u__ __. _. u. . ..... ~/-1t1V~da4. Q.ctJ.a.J- MctS~eh ...:s=: ... .rovu-e. 0-0-.09.. Ov~ ~plal~& ...~~lS Y\o4.e. +0 tv\,K Q'Y~I uJ hD ... ..-. ....~. \~\~ ""-Z *~+ k ~n'-J- ..' . . ~ CZ/~'\'-~h. Q.{.,<"';<:>~ m,CEII:'T Flm PAYI1EI'lT ..~ ~..._.._._ _.... .... .....R ................ _.... .....__ ... ............--. ..-..---...."..---.----- Cumbc.l'land County P.f'othonotiH'Y's Office Carlisle, P., 1-/01:i Receipt Date 09/04/97 Receipt Time 14:33:00 Rc!ccJipt No. 5&111)4 Case I~unlbe.f' 1997-.'3999':1 (VS) Received of 97-1880 CIVIL TERI1 BARNES - RESTITUTION tg€~l E~~g~::: t 14:~~ Change. . . . . . .. - __.....___._.._. 0l!L, Check No. 12996 Rec!~ipt 'cotal. .. :L4.51a T'l'ansaction Dcsl=ription MISC. MONIES III std. but ion Of Payment --------.----.------------ Pi~yment Amount 14.50 CUMBERUll~D CO GEI~ERAL FUND U!.~j0 VS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1880 CIVIL CHARGE: PROTECTION FROM ABUSE AND CUSTODY COMMONWEALTH CALVIN E. BARNES PETITION # 97-213 IN THE CASE OF CALVIN E. BARNES, UNDER PAROLE FROM THE CUMBERLAND COUNTY COURT OF COMMON PLEAS. PETITION FOR REVOCATION OF PAROLE To the Honorable Judges of Cumberland County Courts. WHEREAS on June II, 1997, the defendant was sentenced before Judge Kevin A. Hess on a charge of Protection from Abuse and Custody. He was ordered to pay the costs of prosecution and undergo imprisonment for not less than two months nor more than six months. On August II, 1997 he was placed on parole. On November 17, 1997 he was parole was revoked, he was recommitted for the balance of his term without credit for street time and he was reparoled immediately. Current max date is 3/19/9B. WHEREAS, the defendant has violated the following conditions of his parole: B. Condition #1, in that on December IB, 1997, the defendant was charged with Simple Assault, Defiant Trespass .dd Harassment by Carlisle Police Department. ~\ Condition #4, in that on December 19, 1997 the defen 't submitted to urine testing while at. the Cumberland Co nB: Prison with positive results for cocaine. ~~ A. C. Condition #3, in that he has failed to remain on good behavior. THEREFORE your petitioner prays this Honorable Court to determine whether there has been a parole violation and if so, whether the parole heretofore granted should be revoked. I verify that the facts set forth in this petition are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of section 4904 of the Crimes Code (IB PA C.S. @4904) relating to unsworn falsification to authorities. Respectfully Submitted, ~LA/ Mic ae D. arner, Petitioner I I i , i I I ! 'i I I " - _.! ." .., I ., ., .- I .1 ., " ._1 CERTIFICATION OF PFA CONTEMPT Case Number q7-/~gO ~ T.tM>v Name ~ t. ~~ If;).lf 1[. )Vut ~X ~, PA- /70/3 , Balance Due: $ qjl, 10 170 State Surcharge 171 State Fine 260 Sheriff Cost ($1. 50 + any addtl) 207 District Attorney 204 Court Costs (Clerk of Court) 502 Res ti tu tion Name -fJ~l}''.L- ~~_ Address City Name Address City Name Address City Victim's Name: I I 71{~ ,I). 1.Lin~ t I ~ ADD DELETE $ $ $ $ s ,11./. ~O $ S 10.00 $ S 15.00 $ s '-IS. 5"0 S ~')Ofd(.l/l) &-~/-97 ~oIIl2...72S- State Zip s s State Zip State lIip Prothonotary Offiee Person CertifYl.ng Information ~Ji,(). YY::~ Date 6-/6-9Z vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1880 CIVIL TERM CHARGE: PROTECTION FROM ABUSE AND CUSTODY I COMMONWEALTH CALVIN E. BARNES I. IN RE: PAROLE ORDER AND NOW. March 4.1998. on recommendation of the Cumberland County Probation Department. the defendant is paroled. with supervision. effective March 10. 1998. at 9:00 a,m.. for the balance of his unexpired term. on condition that he complete inpatient treatment as recommended. and that he be and remain in good behavior and abide by the terms and conditions of his parole officer. BY THE COURT. Office of District Auorney , AIL Office of Public Defender CCP Probation :rlm ~ _~ -tJ~ ~Nct- . .......S ~ . .!. .. \ 1 J . . .;','~::i ,~.~.: I" .-'!:t:n:) . U ,..'1'..' ,.. .. 11 "r. t. .UII i 'r ~,- {J'..l CO I ,""/ I L, )L:.'~C'......- ~\...: j ~;>;.L :10 "r.'I'~ '."1' I :'v'I::V-U:, t; V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1880 CIVIL TERM CHARGES: PROTECTION FROM ABUSE AND CUSTODY PETITION: #97-182 L , , . I. i. !I' 'I I COMMONWEALTH CALVIN E. BARNES IN RE: PETITION FOR REVOCATION OF PAROLE ORDER OF COURT AND NOW, this 17th day of November, 1997, the petition for Revocation of Parole is granted. The defendant is recommitted for the balance of the term heretofore imposed without credit for street time. He is reparoled on condition that he abide strictly by the terms and conditions of his parole, which will include that he keep his appointments with his parole officer, and that he make regular payments on account of sums due, and upon breach of any parole condition this matter to be immediately relisted. By the Court, William I. Gabig, Esquire Sr. Assistant District Attorney K;ft;:.1e:? J. / / Timothy L. Clawges, Esquire Assistant Public Defender " r.... Probation Sheriff () .0 0 f; --J -n "'11 ,-i.: :::!: -:1 Eli:, Cl f;i:!J ;'-;, .' .~..: ,-, ch<" . N ~,m r::~- (..": (J' ")IT' ."0 ".:- ,.~ :;~:H ~i~::J -.. ") , :.:? 0~ ." ;;-f ~ ~ ;0 \0 -< CCP mal , Michele D. Hinton, Plaintiff and on behalf of her minor child: Rashad Barnes IN 'CIlE COURT OF COMMON PLEAS OF , i ~ : CUM8ERLAND COUNTY, PENNSYLVANIA NO.97- 18BO CIVIL TERM w :1 n i" vs. Calvin E. 8arnes, Defendant PROTECTION FIWM ABUSE AND CUS1'ODY AND NOW, this ORDER OF COURT 'J} ~ ~ day of July, 1997, upon consideration , /l IL of the attached Praecipe to Withdraw Action, the Temporary Protection Order dated April 10, 1997, and the Order for Continuance dated April 18, 1997, are VACATED. By the Court, Joan Carey Attorney for Plaintiff c.......b.u.... nrULJJ.L 8/1/17. Calvin E. Barnes 'Y . .~,~ Pro Se Defendant A. Hess, Judge I I I ~ . " No. civil Term 97-1880 Michele D. Hinton . Plaintiff vs. Calvin E. Barnes . Defendant P RAE C I P E Filed 19 97 Joan Carey , Atty. LEGAL SERVICES. INC. r""' ...':' <:) ~:~ -J .n -", ~ , -- , ',~ .,- ,..) '~ -~ (:J .' .'--;1 , ):rl ".( " ~.-:; -'f1" , '-' .-1 r-:- ,::. ~~l .0 .u -0;; I I VS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1880 CIVIL CHARGE: PROTECTION FROM ABUSE AND CUSTODY ./ COMMONWEALTH CALVIN E. BARNES PETITION # 97-182 IN THE CASE OF CALVIN E. BARNES, UNDER PAROLE FROM THE CUMBERLAND COUNTY COURT OF COMMON PLEAS. PETITION FOR REVOCATION OF PAROLE To the Honorable Judges of Cumberland County Courts. WHEREAS on June 11, 1997, the defendant was sentenced before Judge Kevin A. Hess on a charge of Protection from Abuse and Custody. He was ordered to pay the costs and undergo imprisonment for not less than two months nor more than six months. Current max date is 12/11/97. WHEREAS, on August 11, 1997, the defendant was placed on parole. WHEREAS, on August 12, 1997, the defendant signed the standard Conditions of Probation/Parole as well as a payment plan agreeing to make $25/month payments. The defendant was given copies of both documents. WHEREAS, the defendant has violated the following conditions of his parole: A. Condition #1, in that on November 6, 1997 he was charged with Simple Assault by Carlisle Police Department after allegedly assaulting Michelle Hinton. B. Condition #9, in that the defendant has not reported to the Probation Office as directed. C. Condition #4, in that on November 6, 1997 the defendant refused to submit to a urinalysis at Cumberland County Prison. D. Condition #7, in that he has failed to comply with the requirements of his payment plan in that no payments have been made by the defendant. E. A special condition that the defendant refrain from physical abusing the victim of this case, Michelle Hinton. . . ---- ~ CALVIN E. BARNES - PETITION FOR REVOCATION OF PAROLE - 2 - THEREFORE your petitioner prays this Honorable Court to determine whether there has been a parole violation and if so, whether the parole heretofore granted should be revoked. I verify that the facts set forth in this petition are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of section 4904 of the Crimes Code (IB PA C.S. @4904) relating to unsworn falsification to authorities. : I , I .' n \D (") Co O~ ." ?i:: t.- oel \:' [" s ;; :-a n'''.,i , r- :~:- ",r11 (r-'.. ,'-> :,? ~'!. . . ) :) ~.::{ ',: I~, ;:~ .: -!J i~:; ;~:~ ...... ~'2 (") ~.~ ('1 ....:~ ; 9? '.' ~ r:- :.0 =< c:o -< CRIMINAL COMPLAINT (POLICE) l,* COMPLAINT NUMBER ~VEAR Complain' Numbof8 It Other Parllclpant. TVPE NUMBE Paula Correal D'CTA'roT JUSTICE MAGISTERIAL D 1 Courthouse Carlisle, p, /o.'(~, ~ tlO'v1' (1, :J ",.l/~ S LL, fkc cd 97-08334 do hereby state: . (I) 119 I accuse I o I accuse - ] ~ . 'C ~ ll: . ~ is ~ ~~\U-I V /../i->)' '2.. '\;. 1-<l,O-.l,ress set forth above or. "/- . who is described as COMMONWEALTH OF PENNSYLVANIA )EFENDANT: VS. ME realvin &!gene Barnes >0 424 N. West St. .DRESS Carlisle, PA 17013 . Phone 249-6930. B/MV45 ooB:.06-02-52 SSN: 191-42-9931 i C. '} 4 .1 VI ,} t - I ~ ~ D I. Patrolman Ga1 of the Carlisle (ldellllfy JCpurtlllt'" /-/ , ,do .., V. t.BQ~n~s S.A KA o his nickname or popular designation is unknown '0 me and, therefore. I have designated him herein as John Doe; with violating the penal laws of the Commonwealth of Pennsylvania at 133 N. Pitt St., Carlisle, PA ( /'Ian" HI//lIeal SlIbdMl/ml) Ub-U9-9/, at about IjUU hours in Cumberland County on or about Participants were (ilthrrr "'('11' partiripallU. plUff! ,/u'/rnllf1l(j ht'f1', ""pt'alillJ{ ,ht' nUIIIl'll{II/H,,'C' Jt'/i'nJiJnI): (2) The acts committed by the aceused were: @ rNDIRECT CRlllINAL CONTEMPT The defendant violated an Order issued under the Protection From Abuse Act NO. 97-1880 Civil Term signed on the 10th day of April, 1997, by the Honorable Judge Hevin A. Hess. The Order directed the defendant to refrain from having any direct or indirect contact with the plaintiff and to refrain from harassing and stalking the plaintiff, however, the defendant did state "r'll get you, r'll get you Bitch" in the presence of a Police Officer and then followed the victim for a block and a half before the Police Officer told the defendant to stay away from the victim or he would be arrested. About 30 minutes later the defendant went to the victim's father's house where she sought shelter and pounded on the front and back door. The defendant was then spotted in front of the victim's fatl:!er's house by the same Police Officer who had warned him 30 minutes prior to stay away from the victim, and the defendant was placed under arrest. all .of ~hic~ were a!l.ainst the p~ace and dignity of lhe Commonwealth of Pennsylvania and contrary .to the. A~t of Assemb.'y" or III VIOlation of 2j Pa.C.S.s6114 and of the Act of .' (Sl'j",ltlll) (.'illh-.\j-j.,III11) or the Ordinance of (Hlfitifll/ SI/I, - Jlri_'ion) (3) f ask that a warrant or arrest or a summons be issued and that the accused be required to answer tbe charges f have made. (4) I verify that the facts set forth in this complaint are true and correet to the best of my knowledge or information and belief. This verification is made subject to the penalties of ection 4904 of the Crimes Code (18 Pa. C. S. ~ 4904) relating to unsworn falsification to authorities. June 9 .19~ AND NOW, on this date . 19 _' , certify the complamt has been properly completed and verified. and that there is probable cause for issuance of process. (SEAL) (MaRMt'riul lJi.l1rir,) (bHlilllo: Alii/writ,,) AQPC411.86 ORIGINAL. SEE REVERSE SIDE FOR WAIVER AND FOOTNOTES .JUIIIIlIUlI:'I ~I"..U "1 !o..!o..'IIII"U UItIlI,.''''UIII ,,,,,,,,.,,-,c\fUC"UCUi.' \'.' 'UCE YOU ARE COMMANDED TO APPEAR BEFORE UNDERSIGNED AT: 10A1L on the day of 19 (SIIo:,,,,tIlR') (1i,"') lor . preliminary hearing upon the charge, In the above complaint .ccordlng to law. 11 you laU 10 .ppear al Ihe time and place. a, ,talad above, a Waftant will be I..ued lor your .uetl. Ball will be set at the preliminary hearing. You havo (he rtght 10 bo reprnented by . lawyer and If you cannot aflord . lawyer one will be "~ned 10 rapresenl you. SU1111110n~ returned undeli~ercd nn Ihe llay nr 19 DATE I~Uro (SEALI (."iJ:lllllltn' , (II,/.,) W,Gl'jllllW. Ul~itl\K~' l~i~;I'lIjti AUlltl)f!lllf AFFIDAVIT RIDER CONTAINING PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF AnnaT FOR Calvin Eugene Barnes, 424 N. West St., Carlisle, PA 17013, B/M/45 , DOB: 06-02-52 SSN: 191-42-9931, Phone #249-6930 On 06-09-97 at 1231 hours, the defendant and the victim, Michele Hinton, were having a disagreement about their son Rashad. Pl1.M Shulenberger interviened and the victim took custody of her son. The defendant then while in the presence of the police officer stated to the victim "I'll get you, I'll get you Bitch." The Police Officer was on bike patrol and rode beside the victim as she and her 2 children walked away fran the area where the defendant was working. The defendant followed the Officer and the victim for a block and a half. At that time the Officer got off of his bike and told the victim to keep walk~ng. The defendant was told by the Police Officer that he was to stay away from the victim and to not go anywhere near him or he would be arrested. The defendant then left and the Officer caught up to the victim and escorted her to her father's house. About a half hour later the defendant went to the victim's father's house and pounded on the front and back door but was not let in. The defendant was spotted by the same Police Officer that had warned him 30 minutes earlier to stay away from the victim and the defendant was placed under arrest. 01 ......~.~.~~.............. 19..~?. personallr appeared belore me on ............................... 19...... the A1l1ant above named. who. being duly sworn (allirmed according to law, signed this Allldavlt Rider In my presBnce and deposed and said that the lacts setlorth therein are true and correct to the best 01 AUlants knowledge. Informallon and bellel. (Issuing Authorlly) [SEAL] " ~ ~ ' . ,. -?!\,:\',:,:-:o ". ,--::". .:.~:\ '.~" Lti :", ' . I. , ", I' t.'; ,. ..~ ." .....0' . , ,1- .., , \ COMMONWEALTH V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERM & NO. 1997-51886 IPJ'6 CALVIN E BARNES CHARGE: OTN: AFFIANT: CASE TRANSFERRED FROM CIVIL DIVISION PFA IN RE: RULE TO SHOW CAUSE ORDER OF COURT AND NOW, December 28, 1999, in consideration of the attached petition, the court issues a Rule to Show Cause on the defendant why he should not be adjudged in contempt of court for failing to pay the sums set forth in the petition. The Rule is returnable and the hearing shall be held on February 04, 2000 at 9:30 AM in Courtroom No.4, Cumberland County Courthouse, Carlisle, Pennsylvania. Service of the petition to be made on the defendant Class Mail. By the Court, .-4( .,,!"" K;;'d A. Hess, J. COp\l:~ mailed on __.l\.\~-- , , COMMONWEALTH V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CALVIN E BARNES TERM & NO. PROB. NO. CHARGE: 1997-51880 25978 CASE TRANSFERRED FROM CIVIL DIVISION PFA OTN: AFFIANT: IN RE: PETITION FOR RULE TO SHOW CAUSE WHY THE DEFENDANT SHOULD NOT BE HELD IN CONTEMPT OF COURT AND NOW, December 28, 1999, the Probation Office of Cumberland County, respectfully petitions Your Honorable Court to issue a Rule why the defendant should not be held in contempt of court. The defendant has failed to comply with the Court Order dated 6/11/1997. The defendant has failed to: 1. Report to the Probation Office in person at the time and date set by the Collections Officer. 2. Make regular payments on the fines, costs, and restitution as agreed. 3. Other: The defendant has agreed to pay $45.00 per month. Date last paid was 9/29/1998. The balance is $54.63. I verify that the facts set forth in this petition are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of section 4904 of the Crimes Code (18 Pa. C.S. @4904) relating to unsworn falsification to authorities. Respectfully submitted, '1// ~ /" - ,--,:/u..-n '-,C..-t 7'';/'c'/,L-, Pet! tioner /1~ It~./ -1 e. tJ ('. ..... COMMONWEALTH IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CALVIN EUGENE BARNES 1998 CRIMINAL 0857 1998 CRIMINAL 0858 1998 CRIMINAL 036 1997 ORUlHIAL "i1880 (! ,'v,' J 1997 CRIMINAL 1936 ORDER OF COURT AND NOW, this 31st day of May, 2000, action on the petition filed for collection purposes is deferred as the '-- g ,...., defendant has paid toward his sums due and has promised to pay_ v' every month until all sums are paid in full. ,.~~ ~': - = = By the Court, A J. wc (0