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HomeMy WebLinkAbout97-02071 I I ~ '" ~ o () ..3 ~ '" ... . C) ~ ~ /~" - . - ~ - - t"- O '" t . t--' 0-- ; . ~ >- 0\ r c.:; M 1-- .~:.- ., -'5..~ ';:4 N ~t-; '..h~ -- ..J;.:~ fE5 <'-- );:.1 ~' ,. ,. ( '" :.c., " 'L:: ~ .,' W',-~ '.I~ :.:-- 1 >- :.' Ill) u: ~~_l ~: s:~n. ~.. :c 1- =i ~ r- 0" (J 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. The defendnnt is enjoined from entering the plaintiff's place of employment and her school. 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 this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint 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 undcr 23 Pa.C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of thc court ordcr. 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 nnother act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. ')l\)/j;. day 0 f A hearing shall be held on this matter on the~Q . I . I, \.,~) '-' y , 1997, at \\'.(0,( I C. .m" in Courtroom NO,-d..' Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order afler the heurlng. 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 shali not send a copy of this order to the defendant by mai i. The Pennsylvania State and Hampden Township 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 wherc a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this order has been violated, whcther 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, Whell that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. ft 6113) . Judf!e patricia A. Woods, Plaintiff IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- CIVIL TERM Donald W. Woods, Sr., Defendant PKOTECTION 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 ~resenting 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. fJlES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 wil I 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. have a lawyer or cannot afford one, go to or telephone forth below to find out where you can get legal help. If you do not the office set COURT ADMINISTRATOR. 4th FLOOR CUMf~RLAND COUNTY COURTHOUSE CARLI'StE, PENNSYLVANIA 17013 TElEPHI)NE NUMRER: (717) 240-6200 NtERICAaS WITH DISABILIIlE~CT OF 1990 The Court of COMmon Pleas of cumberland County is required by law to comply with the ^mericans with Disabilities Act of 1990. For infurmation 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. Patricia A. Woods. Plaint i ff IN THE COURT Of COMMON PLEAS OF v. CUMBERLAND COUNTY. PENNSYLVANIA Donald W. Woods, Sr., Defendant NO. q7-~J CIVIL TERM PROTECTION FROM ABUSE f.ltTIT1.9N .FQJLfROn;{;I J QtLQBD~R RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. I 6101 et seq. 11.. ABUSr-; 1. The plaintiff, Patricia A. Woods, is an adult individual residing at I Jeffery Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant, Donald W. Woods, Sr., (SSN: unknown) (Date of Birth: 3/11/64), is an adult individual reSiding at 304 South Front Street, Wormleysburg, Cumberland County, Pennsylvania, 17043. 3. The defendant is the plaintiff's husband. 4. Since approximately 1987, the defendant has attempted to cause and has intentionally, knowingly. or recklessly caused bOdily injury to the plaintiff. has falsely imprisoned her, has placed her in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff inclUding following her, without proper authorization. under circumstances which have placed her in reasonable fear of bOdily injury. This has included, but is not 1 imited to, the follOWing specific instances of abuse: II. On or about March 20,1997, when the plaintiff arrived at the defendant's residence to check on her sick chi Id. the defendant grabbed her, threw her on the chair. and refused ,to allow her to leave the residence. The defendant grabbed a knife from the kitchen and stood over the plaintiff causing her to fear for her life. The defendant forced the plaint i ff to stay at his residence that night, but the plaintiff escaped in the morning anj called the police who filed charges against the defendant. b. On or about December 23, 1996, tlle defendant grabbed the plaintiff by the arms causing bruises on both arms, threw her on the bed, and climbed on top of her pinning her to the bed. The defendant made a fist and punched the bed next to the plaintiff's face causing her to fear for her safety. c. On or about December 7, 1996, the defendant grabbed the plaintiff and threw her on the bed causing bruises on her arms and wrists. The defendant pinned the plaintiff to the bed, grabbed her by the throat resulting in bruises on her neck, and choked her causing her to fear for her life. d. since 1987, on several occasions, the defendant has choked. grabbed, slapped and restrained the plaintiff, and has thrown items at her causing her to fear for her safety. The defendant has pui led the ~ .. plaintiff's hair. has for<:ed sex on the plaintiff, and has threatened to kill her and himself causing her to fear for her life. 5. On or about January, 1997, the plaintiff and the two minor children left their residence in order to avoid further abuse. 6. 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 prote<:tion from such abuse. 7. 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. 8. The plaintiff desires that the defendant be enjoined from haraSSing and stalking the plaintiff, and from harassing the plaintiff's relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment and her school. to. 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. B. EXCLUSIVE POSSESSION 11. The home which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in 3 lh~ d~f~ndant's name. 12. The defendant has his own residence located at 304 South Front Street, Wormleysburg, Pennsylvania 17043. ~REIMBURSENENI-FOR COST OF C^~ 13. 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. I 6101 .!l.!. ~., as amended. the plaint iff prays this Honorable Court to grant the following relief: A. Gra~t a Teffiporary order pursuant to the .protection from Abuse Act:" 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 I imited to, telephone and written communications, except to facilitate custody arrangements. 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 4 plaintiff's pla~e of employment and her school. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely hy the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at I Jeffery Road, Mechanicsburg, cun~erland County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establish, except for the limited purpose of trllnsferring custody of the parties' children. The defendant shall rcmain in his vehicle at all times during thc transfer of custody. B. Schedule a hellring in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for II per iod of one year: I. Ordering the defendant to refrain from abusing the plllintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff, but not limited to, telephone I\nd written communications, except to fl\cilitate custody 5 arrangements. 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 and her school. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the piaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at I Jeffery Road, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' children. The defendant shall remain in his vehicle at all times during the transfer of custody. 7. Ordering the defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies 6 of this Petition 8nd Order be delivered to the Pennsylv.nia State and Hampden Township Police Departments which have jurisdiction to enforce this Order. The plaintiff prays for such other relief a~ may be just and prope r. Respectfully submitted, Jh~ J~~ ,/ ~arey, Attfn-eyfOr LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 Plaintiff 7