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HomeMy WebLinkAbout97-02291 ~ - ( \! ~ lI) .. ~ ~ t\... j ~ 1 i I , f - I . I I I I I ~ I C"i ! ~( {". ~J l t ,1 / ; i , ! I \ ~ " " Diane L. Bupp, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. Lawrence E. Storm, III, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2291 CIVIL TERM PROTECTION FROM ABUSE EXTENSION OF PROTECTION ORDER AND NOW, this~ .1",,( day of April, 1998, upon presentation and consideration of the within petition and upon finding that the defendant, Lawrence E. Storm, III, has engaged in a pattern or practice that indicates continued risk of harm to the p1ai~tiff, Diane L. Bupp, the following Order is entered: The Temporary Protection Order shall be extended beyond the expiration date of May 1, 1997, such that it remains in effect for one year from the entry of this Order or until further Order of Court. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 96113; ii) a private criminal complaint under 23 Pa.C.S. 96113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 96114, 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. A hearing shall be held on this matter on the ..;;i1~. day of (til', ( I Cumberland , 1998, at .. . ~, ~..: j .;(.! ! / .m., I in Courtroom No. ~, County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. Diane L. Bupp, Plaintiff IN THE COURT OF COMMON PLEAS OF VB. Lawrence E. Storm, III, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2291 CIVIL TERM PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the fol lowing 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 arc 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 oth~r rights important to you. Any Protection Order granted by a Court may be considered in any subsequent domestic relations proceedings, including custody actions. FF.ES 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 up to $250.00 to reimburse one of Legal Services, Inc.'s funding sources for Legal Services 1nc.'s representation of the plaintiff. You have the right to be represented by counsel. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBF.RTY AVENUE CARLISLE, PF.NNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 or TOLL fREE: 1-800-990-9108 fAX: (717)249-2663 AMERICANS WITH n1SAB11.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 [acilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. AI I arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or henring. .. 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 children. The defendant is enjoined from entering the plaintiff's place of employment or the schools of the minor children. The defendant is enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. g6113; ii) a private criminal complaint under 23 Pa.C.S. ft6113.1; 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. 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 A hearing shall be held May, 1997, at 1:'2.00.m., I County Courthouse, Carlisle, ~ on this matter on the;1 day of in Courtroom No. ~, Cumberland duration of this Order. 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 mai I. The Pennsylvania State, West Fairview, and Lower Allen 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 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 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Diane L. Bupp, v.. NO. 97- CIVIL TERM Lawrence E. Storm, III, 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 17013 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. a. On or about April 18, 1997, the defendant arrived at the plaintiff's home, pulled the plaintiff's hair, and smashed her head against the window threatening to throw her out the window. During this incident, the defendant knocked the kitchen table over, pulled the phone out of the wall, and grabbed a knife from the kitchen causing the plaintiff to fear for her safety. b. Since July 1996 and increasing in frequency in the last month, the defendant has made threats including the following: "I am going to come over there and kill you; I can get a gun and kill you; I will be at your work tomorrow, and I will bring a gun and take out anyone in my way." 5. 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. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 7. 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. 8. The plaintiff desires that the defendant be restrained 2 from entering her place of employment or the schools of the minor children. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. 10. 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. B. EXCLUSIVE POSSESSION 11. The apartment 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. 12. The defendant's residence is currently unknown to the plaint iff. C. REIMBURSEMENT FOR COST OF CASE 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. 6 6101 II ~., 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:" 3 1. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children. 4. Prohibiting the defendant from entering the plaintiff's place of employment and the schools of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 300 State Street, Apartment Two, West Fairview, 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. 4 The defendant shall remain in his vehicle at all times during the transfer of custody. 7. 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. 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 placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children. 4. Prohibiting the defendant from entering the plaintiff's place of employment or the schools of 5 the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 300 State Street, Apartment Two, West Fairview, 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 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. 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 .. ,. o Diane L. Bupp, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Lawrence E. Storm, III, Defendant NO. 97-2291 CIVIL TERM ~ ~-: PROTECTION FROM ABUSE a~ ~, (j: :. ~: q~ " ~~ ~~~ . The plaintiff; by the through her attorney, Joan cat~y MOTION FOR CONTINUANCE ',':) ., ',J -.I ." - ",. .. -: ..:!'! r- I .Je ,~ ..... "6 ::: ;3 .... 1c") ::? jt" -, ?J ,. :::J -;: ~al Services, Inc., moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on May 1, 1997, scheduling a hearing for May 7, 1997, at 3:30 p.m. 2. The location of the defendant is unknown to the plaintiff, and he has not been served the Temporary Protection .. "rler. 3. The plaintiff requests that the hearing be generally continued. 4. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 5. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State, West Fairview, and Lower Allen Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary .... ~- h-; "- r,"; "" . . >-. N , ~ " .-, tit,., J' . . [,r, .., .. ' "'. J.... <;}' (~, U) fi}!~ '. h ~l" J<-: j c_ L 'o- f:: '';'. , } ll. r": U C'" U INSTRUCTIONS TO THE DEFENDANT As you know, the plain~ bas med & legal actf.on qzdnst JOu ander the protectlcn From Abuse Act and has obtained & Tempornry PIDtectfcn Order. The plaintifI' is prepared to have a hearing held in order txI obtain & final Prctect:lan Order efl'ective for one (1) year. As an alternative, . you IDIlY cxmsent txI the llI1try at the fImI1 ~utecdDn Order txI be in effect for one yeM. It you are willing txI consent 1011 sbou1d c:aIl Lepl services, IDe. in c.ui.lsie at 24:J-94(l0, 766-8475 from the West ShonI or 53D-S1Ui5 Cnmz SJdpperisburg, and ask txI speak lI:I tile stnfi' pllr.lOn handling the CZLSIl about a CClImeut Aa,............t. The Consent Agreement should be prepared before tI1a dme scheduled for the hearing IlO the Court will mow ahead at time that the CZLSe IriJlIIDt bll .....,te;rted. In some cue:, , . regardless at whether a settlement by Consent Ait,........ent has been rach~t the part:les must applllSI' in court at thll tfme scheduled for hearing. It the CIIlIIl is uncontested, the court appearance will be brief. The Judge will make ~ the parties lIDderstand the Consent Agreement and final Prctect:fan Order. It yau de not agree lI:I tile entry at tha final pmtect:lan order, a co~d hearing will tllJce place at the scheduled time. When & final p~n Order is eutered., it will be sent or given to you. the plaintiff', and the appropt'iata p"".... departllllllltS. It you failll:l abide by the terms of the rInal Protection Order you will be subject to immediate arrest, and II fine of $100.00 to $1,000.00 and/or a jail sentence at up to sfx IlIDI1ths and othar relief. PlES AND COSTS If the case gees to hearing and the judge grants a protection Order, a surcharge at $2.5.00 will be asse:!sed against you. You may also be required txI pay atlI:Imey fees txI r.e~ Services, Inc. fot' their representation of'the plaintiff'. YOU SHOULD TAKE nns PAPER TO YOUR LAWYER AT ONCE. IF 'YOU 00 NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO 1'0 OR TELEPHONE TBE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINtSTRATOR, 4th FLOOR CUMBERLAND 'COUNTY COURTHOUSE CARLISLE. PENNSYLVANIA 1701J TEI.EPHONE NmIBER: (717) 240"";200 . Diane L. Bupp, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. MOTION FOR CONTINUANCE NO, 97-2291 CIVIL TERM ~ ~-: PROTECTION FROM ABUSE a~ ~':' cr.:- ~:' ::-- ~:" .- . ,j'J, ~':) ') -.l ;." - -- , - "'. .j:!] -: r- I f.!IB l~ "6 ~: '3 - . :C"') ::? ji ., -, ?J ~ " :::J -;: Lawrence E. Storm, III, Defendant The plaintiff; by the through her attorney, Joan cat~y ~al Services, Inc., moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on May 1, 1997, schedUling a hearing for May 7, 1997, at 3:30 p.m. 2, The location of the defendant is unknown to the plaintiff, and he has not been served the Temporary Protection ......rler. 3. The plaintiff requests that the hearing be generally continued. 4, The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing, S. Certified copies of the Order for Continuance will be delivered to the Pennsylvania State, West Fairview, and Lower Allen Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary Diane L. Bupp, IN TilE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97- CIVIL TERM Lawrence E. Storm, III, 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 17013 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, a. On or about April 18, 1997, the defendant arrived at the plaintiff's home, pulled the plaintiff's hair, and smashed her head against the window threatening to throw her out the window. During this incident, the defendant knocked the kitchen table over, pulled the phone out of the wall, and grabbed a knife from the kitchen causing the plaintiff to fear for her safety, b, Since July 1996 and increasing in frequency in the last month, the defendant has made threats including the following: "I am going to come over there and kill you; I can get a gun and kill you; I will be at your work tomorrow, and I will bring a gun and take out anyone in my way." 5, 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. S, 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, 7. 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. 8, The plaintiff desires that the defendant be restrained 2 '.. , . from entering her place of employment or the schools of the minor children, 9, The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff, 10, 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. B, EXCLUSIVE POSSESSION 11. The apartment 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, 12. The defendant's residence is currently unknown to the plaint iff. C, REIMBURSEMENT FOR COST OF CASE 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. g 6101 lll!ll.. 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:" 3 1. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse. 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children. 4. Prohibiting the defendant from entering the plaintiff's place of employment and the schools of the minor children, S. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff, 6, Ordering the defendant to stay away from the plaintiff's residence located at 300 State Street, Apartment Two, West Fairview, 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, 4 The defendant shall remain in his vehicle at all times during the transfer of custody, 7, 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 t~e duration of the order. 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 placing her in fear of abuse, 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements, 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children, 4. Prohibiting the defendant from entering the plaintiff's place of employment or the schools of 5 the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff, 6, Ordering the defendant to stay away from the plaintiff's residence located at 300 State Street, Apartment Two, West Fairview, 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 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. 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 :>0- cr) -- C1. -;;: .:J i.. '= c5 :~ ~~ :-1: (" ..,~ ~:~ ff2: ;i::r. <~ "\.:. ..I~ 06 ,'-- 0:J. <XI .:fn w:':" I " .-;~ ct~~ : >- '7- 'l,i] r' ..-:: ,)0- -- :t; u. r- =1 u 0' ':J to, telephone nnd written communicntions, except for the limited purpose of fncilitnting cuslody nrrnngements. The defendnnt is enjoined from harassing and stnlking the plnintiff and from harassing the plaintiff's relatives, or the minor chi Idren, The defendant is enjoined from entering the plaintiff's place of employment or the schools of the minor childrcn. Thc defendant is enjoincd from removing, damaging, destroying or selling any property owned solely by thc plaintiff. ^ violation of this Order may sUbjcct the dcfcndant to: i) IIrrcst undcr 23 Pa,C,S, ti6113; ii) a private criminal complaint undcr 23 Pa,C.S, ti6113,1; iii) a charge of indircct criminal contcmpt undcr 23 Pa,C,S. ti6114, punishable by imprisonmcnt up to six months and II fine of $100,00-$1,000.00; and iv) civil contcmpt under 23 Pa,C,S. ~6114.1. Resumption of co-residcncc on thc part of thc plaintiff and defcndant shill I not nullify thc provisions of thc court order, This Order shall remain in cffect until modified or tcrminlltcd by the Court and can he extended heyond its original cxpi ral ion date if the Court finds that thc defendant has committed another act of ahuse or has engaged in a pattern or practice that indicales continued risk of harm to the plaintiff. The defendant is ordered to relinquish to the sheriff's departmcnt any weapons which he owns, possesses, has used or threatened to use against the plaintiff and lhe defendant is prohihited from acquiring or Jlossessing any other weapons for the duration of this Order. A hearing shall be held on this mlltter on the ~ dllY of May, 1997, at S,3<..\ p.m., in Courtroom No....2,... Cumberland County Courthouse, Carlisle, Penasylvania. The plaintiff muy proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall IIttempt to make service at the plllintiff's request IInd without pre-payment of fees, but service lOllY be accomplished under IIny 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 scnd II copy of this Order to the defendant by mail. The Pennsylvania State, West Puirview, and Lower Allen 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 where a viollltion occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order hilS been violated, whether or not the violation is committed in the presence of the police officer. In the event that an IIrrest is made under this section, the defendant shall be taken without unnecessary delay before the court thllt issued the order. When that court is unavai lable, the n. On or nbout April 18, 1997, the defendnnt urrived at the plnintiff's home, pulled the plaintiff's hair, und snmshed her head against the window threntening to throw her out the window. nuring this incident, the defendunt knocked the kitchen tuble over, pulled the phone out of the wull, nnd grabbed u knife from the kitchen causing the pluintiff to fear for her sufety. b, Since July 1996 und increusing in frequency in the lust month, the defendunt hus made threats inclUding the following: "I am going to come over there and kill you; I cun get n gun und kill you; I will be nt your work tomorrow, and I will bring u gun and take out anyone in my way." 5. The plnintiff believes and therefore avers that she is in immediate and present dnnger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 7. The plaintiff desires that the defendant be enjoined from harllssing and stalking the plaintiff, and from harnssing the plaintiff's relatives, or the minor children. 8, The plnintiff desires that the defendant be restrained 2 from cntcring hcr placc of cmploymcnt or thc schools of thc minor chi Idrcn. 9, Thc plainliff dcsircs that thc dcfcndant bc cnJoincd from removing, damaging, dcstroying or sclling any propcrty owncd solcly by thc plaint i ff. 10. Thc plaintiff dcsircs that any wcapons thc dcfcndnnt owns, possesscs, nnd has uscd or thrcatencd to usc against the plaintiff bc confiscatcd by thc Sheriff's ncpartmcnt, B, P.XCLUSIVE pOSSP.SSION II. Thc npartmenl which the plaintiff is asking the Court to ordcr the defcndant to stay away from is not owncd or rcntcd in the dcfendant's namc. 12. The defcndant's rcsidcncc is currcntly unknown to thc plaint iff. C, REIMBURSEMENT FOR COST OF CASE 13. Thc plaintiff asks that the dcfcndant bc ordcrcd to pay $250.00 to rcimbursc onc of Lcgal Scrvices, Inc.'s funding sources for the cost of litigating this case. WHEREFORE, pursuanl 10 thc provisions of thc "Protcction from Abusc Act" of Octohcr 7, 1976. 23 Pn.C.S. g 6101 tl seQ., as amendcd, the plaintiff prays this Honorable Court to grant the fol lowing rcl ief: A. Grant a Tcmporary Order pursuant to thc "Protection from Abusc Act:" 3 I, Ordcring thc dcfcndant to rcfrain from abusing the plaintiff and placing her in fcar of abusc, 2. Ordcring thc defcndant to rcfrain from having any direct or indircct contact with thc plaintiff including, but not I imited to, telcphonc and writtcn communications, exccpt to facilitatc custody arrangcments. 3, Ordcring thc dcfcndant to rcfrain from harassing and stalking thc plaintiff and from harassing thc plaintiff's rclativcs and thc minor chi ldrcn. 4. Prohibiting thc dcfcndant from cntcring thc plaintiff's placc of employmcnt and thc schools of thc minor chi Idrcn. 5, Prohibiting the dcfendant from removing, damaging, dcstroying or sclling propcrty owned solely by the plaintiff. 6, Ordcring the defendant to stay away from the plaintiff's residence located at 300 State Street, Apartment Two, West Fairview, Cumberland County, Pennsylvania, which the parties have ncver shared, and any othcr residence the plaintiff may cstabl ish, cxccpt for thc I illli tcd purpose of transferring custody of the parties' children. 4 The defendant shnl I remain in his vehicle at all times during the transfer of custody. 7. 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, n. Schedule a heari~g in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: I. Ordering the defendant to refrain from abusing the plaintiff and placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. J. Ordering the defendant to refrain from harassing and stalking the plaintiff and from hnrassing the plaintiff's relatives and the minor chi Idren, 4. Prohibiting the defendant from entering the plaintiff's place of employment or the schools of 5 the minor chi Idren, 5, Prohibiting the dcfendant from removing, damaging, destroying or sel ling property owned solely by the plaintiff, 6. Ordering the defendant to stay away from the plaintiff's residcnce locnted at 300 State Street, Apartment Two, West Fairview, Cumberland County, Pennsylvania. which the parties have never shared, and any othcr rcsidence the plaintiff may ustabl ish. except for the I imited purpose of transferring custody of the parties' children, The defcndant shal I remain in his vehicle at all times during the transfer of custody. 7. Ordering thc defendant to reI inquish to the sheriff's department any weapons which he owns, posscsses 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. Ordering the defendant to pay $250.00 to reimbun;c one of l.egal Services, Inc.'s funding sources for the cost of I itigating this case. The plaintiff further I1sks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending 11 further order at the hcaring, and that certified copies (j any property owncd by thc plaintiff, 6. Thc dcfcndant is ordercd to stay away from the plaintiff's rcsidcncc located at 300 Statc Street, Apartment 2, West Fairvicw, Cumbcrland County, Pcnnsylvania, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody during which times the defendant shall remain in his vehicle, 7, Thc defcndant is ordered to relinquish to the sheriff's department any weapons which he owns, possesses, has used or threatened to use in an incidcnt of abuse against the plaintiff, The defendant is prohibited from acquiring or possessing any other weapons for the duration of the Order and is required to relinquish to the sheriff any firearm license the defendant may possess, The defendant's weapons and fircarm license may be returned at the expiration of the Protection Order after the defcndant has submitted a written request to thc court for the return of the wcapons and the Court has notified the plaintiff of thc request and given thc piaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the policc department of East Pennsboro and the sheriff of Cumberland County. 8, This Order shall remain in effect for a period of one year or until modified or terminated by the Court. The Order can bc extended bcyond its original expiration datc if the Court finds that the defcndant has committed another act of abuse or has cngaged in a pattern or practicc that indicatcs continued risk of harm to thc plaintiff. ! ~ UJ I ~ It " ~ . '<:) i ~ > It Ir ~ 0 D.. ~ . - .. It ::l J " i . . .. J I 0 ! i 'I . ~ J I I J Ii I i w ~ . I J > a II . J a ~ w ! II . j . ~rl a Iii I - co ..!:r ! . i I w '2 :c ! - j i en Ii I -.!r ! i :: ~ ~ ! j 1:)- ! c ~ < . $d i c il ,; l .J wW -0 - gen i JrI./1 ! ~ f::l 2 I '6t::! ~lD -0 a ~u) ! ~< .. j ju: . ~ 1:"2- "':= i II '6 ~ 0 ~ . Ul"?, l ~! c a= w :i! i <>1.-0 i . ~u. i . I ~ I I > [')- I ~z J ! ffiO ~~ J ~'~.ci't"~ ... - ftts\( t- ~ \.U nf~~t CJ . 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