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Richard N. Jacobs, Jr.,
PlaintHf
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97- J31?CIVIL TERM
Denise A. Jacobs,
Defendant
PROTECTION FROM ABUSE
TEMPORARY PROTECTION ORDER
AND NOW, this ~ day of May, 1997, upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, Richard N. Jacobs, Jr., now residing at an
undisclosed location is in immediate and present danger of abuse
from the defendant, Denise A Jacobs, the following Temporary
Order is entered. Law enforcement agencies, human service
agencies and school districts shall not disclose the presence of
the plaintiff in the jurisdiction or district or furnish any
address, telephone number, or any other demographic information
about the plaintiff except by further Order of Court.
The defendant, Denise A. Jacobs, (SSN: 196-50-9126 and date
The defendant is ordered to refrain from having any direct
of birth: 2/11/58) now residing at R.D.#2, Box 292 G, Middle
Ridge Road, Newport, Perry County, Pennsylvania, is hereby
enjoined from physically abusing the plaintiff, Richard N.
Jacobs, Jr., or placing him in fear of abuse.
The defendant is ordered to stay away from the plaintiff's
current residence to which he moved to avoid abuse, and which is
not owned or leased by the defendant.
or indirect contact with the plaintiff including, but not limited
to, telephone and written communications.
Richard N. JacobH, Jr.,
Plnlntl 1'1'
IN TilE COUIlT OF COMMON PLEAS OF
ClJMIlElll.ANIl COUN'I'Y, PENNSYLVANIA
v.
NO. 117-
C I VII, 'I'EIIM
DeniRe A. Jacobs,
Defendnnt.
1'1l0'('EC'I' I ON "'1l0M ABUSE
N 0 'I' I, C m
You hnve been Riled In eoul't., I I' you wlHh t.o defend against the
clnims Het forth In tho f'ollowlnll palleH, you mIlR!. take action promptly
after thlR reLitlon, Order nnd Not.lcn nre Rerved, by appearing
perRonnlly or by nt.t.orney nL t.hn hnnrlnll Hchndllled by the Court and
preRentlng Lo the COllrL YOllr defonHoH or objecLlonR to the claims set
fort.h ngulnHt. you. You nrn wnrnnd t.hnt. If you fnll to do so the Court
may procned without. you, and n Judgment. mny be entered against you by
the Court. wlt.hout. furt.her not.len for nny monny clnimed in the Petition
or for any other claim or rnllnf rcqllcHt.nd by t.he plnintlff. You may
lORe money or propnrt.y or ot.hnr rlght.R Import.ant. to you.
na~:L.AN.IUlml.Tl.!
I I' t.he caRe 1l0nH t.o Iwnl'l nil nnd t.he Judge Ilrants u Protection
Order, n Rurehnrgn of $25.00 will bn aRRnRHcd ngnlnRt you. You may
alRo be re'lul rod t.o (my nt.t.orney fen!! t.o I.egnl ServiceR, Inc. for
their repre!!ent.at.lon of tho plalnt.lff.
YOII Hhollld t.nko t.hlH pnpnr t.o your lawyer at. once. If you do not
have u luwyor or cunnol. nfford ono, 110 t.o or t.elephone the office Bet
fort.h below t,o find Ollt. whorr. you cnn gr.t. lellal help.
COIJIlT ADM I N t S'I'11ATOII, 4th Fwon
ClJMIlElll.AND COUNTY COlJIl'rllOUSE
CAIlI.ISI.I':, I'ENNSYINANIA 17013
'I'EI.EPIIONE NUMIlEIl: ( 717) 240-6200
t\l:lliUH,AN1LWHILl!HltllilllIT.!.f.&....ACT OF 1990
Thr. COllrt. of Common Plnn!! of Cumberlnnd Count.y is required by law
t.o comply wlt.h t.ho AmorlcnnH wlt.h Dlsnbllities Act of 1990. For
informnt.lon nbout. ncceHulhln fnclllLies and rensonable accommodations
avnllnble Lo dlHahlnd IndlvldualR having business before the court,
pleaRe conLnct. ollr offlco, All nrrnngements must be made at least 72
hours prior t.o any hnurlnll or hUHlneRs before the court. You must
at.tend t.he schmluled confol'encn or hearing.
actR toward tho plal"tlff u"dor circumstances which have placed
the plaintiff In roaHonahlo foar of bodily injury, This has
included, hut IH not llmitod to, the following specific instances
of ahuso:
a, 0" 01' ahout Hay 1,1997, the defendant repeatedly
Hlapped the plaintiff in the head, scratched his face,
a"d pUHhed him Into a counter and then a wall. When
tho drd''''Hia"t !(ot a knife out of the kitchen drawer,
tho plal"l.Il'f picked up t.he telephone and dialed 911
tolll"!( the operator that. she was coming at. him with a
111I1 f'o, 'I'h" dol'l1ndant then threatened to kill the
plal"tll'f aH Hhe waved the knife in his face, and cut
hlH wrlHt. The defendant bit the plaintiff on the
Hhouldl'r, and tried to kicked him causing him to move
to avoid getting kicked. The defendant stabbed the
plal"t,lff In the hand with car keys and bit him in the
"I'm.
Tho defendant then kicked the plaintiff in the
cheHt, hit him on the head with her shoe, and jumped on
hlH hack causing him pain. The defendant threatened
that if she doesn't kill the plaintiff or if someone
olse doesn't kill him, she would wish that he were
dead. The defendant then hit the plaintiff in the head
several times and bit his finger. The police came to
t.he residence and charged the defendant with simple
2
assault. As a result of the dcfendant's abuse to the
plaintiff, he had injuries including, but not limited
to, bite marks on his arm, finger and shoulder; a cut
on his wrist; scratches on his facc, and swelling on
his head.
b. In or about April 1997. while the plaintiff was
sitting on the couch, the defendant became angry and
went after him as he tried to get up off of the couch,
pushed him back down, and ripped his shirt causing him
to fear for his safety.
c. On another occasion in or about April 1997, the
defendant repeatedly hit the plaintiff on the head
causing him pain.
d. On several occasions since approximately 1994. the
defendant has slapped, kicked, shoved, and thrown
objects at the plaintiff.
6. On or about May 1, 1997, the plaintiff left his
residence at R.D.#2, Box 292 G. Middle Ridgc Road, Newport, Perry
County, Pennsylvania, in order to avoid further abuse.
7. The plaintiff believes and therefore avers that he is
in immcdiate and prcsent danger of abuse from the defendant and
that he is 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
3
communications.
9. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
10. The plaintiff desires that the defendant be restrained
from telephoning and/or entering his place of employment.
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.
B. EXCI,USIVE POSSESSION
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 residing at the marital residence
located at R.D.#2, Box 292 G, Middle Ridge Road, Newport,
Pennsylvania.
D. REIMBURSEMENT FOR COST OF CASE
14. 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. ~ 6101 et seQ., as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the
4
"Protection from Abuse Act:"
1. Ordering the defendant to refrain from
abusing the plaintiff or placing him in fear of
abuse.
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from telephoning
and/or entering the plaintiff's place of
employment.
5. Prohibiting the defendant from removing,
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, which the parties
have never shared, and any other residence the
plaintiff may establish.
B, Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
an order to be in effect for a period of one year:
5
1. Ordering the defendant to refrain from
abusing the plaintiff or placing him in fear of
abuse.
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from telephoning
and/or entering the plaintiff's place of
employment.
5. Prohibiting the defendant from removing,
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, which the parties
have never shared, and any other residence the
plaintiff may establish.
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
6
SHERIFF'S RETURN - OUT OF COUNTY
CASE NOI 1997-02399 P
COMMONWEALTH OF PENNSYLVANIA I
COUNTY OF CUMBERLAND
JACOBS RICHARD N JR
VS.
JACOBS DENISE A
R. Thomas Kline . Sheri~~, who being duly sworn according
to law, says, that he made a diligent H.arch and inquiry ~or th. within
named de~endant, to witl JACOBS DENISE A
but WBS unable to locate
Her
in his bailiwick. He there~ore
deputized the sheri~f of PERRY COUNTY
to serve the within PROTECTION FROM ABUSE
County, Pennsylvania.
On Mav 13th, 1997
the attached return ~rom
, this of~ice was in
PERRY COUNTY
County,
receipt o~
Pennaylvania.
Shllri~~'s Costs I
Docketing
Out of County
Surcharge
So answ,ers I
18.00
9.00
2.00
/ ~:.;., . ~ ~ .' ...-:':;.0_
~homas Kline, Sheriff
f;l2~.1Il0
00/00/0000
Sworn and subscribed to
I'~ t!::: day of 71~
'11 A. D.
be~ore me
this
19
\: (;'~ .
L<.- hu /, .
't, Prot onotary
U:'t>l; -
In The Court of Common Pleas of Cumberland County, Pennsvlvania
. .
Ri~ard N. Jacobs, Jr.
VS.
Denise A. Jacobs
No. 97-2399 Civil Term 19_
Now, Mav
Perry
7 , 1997 19_, I SHERIFF OF CUMBERLAND COUNTY, PA do hereb)' deputlze the Sberlff of
County 10 execute this Wrh, this deputation being made attbe request and risk of tbe Plaintiff.
...c,' ~~
,~,. ',' v/ .
?:::'-,~~~...t'~
SberlffofCumberland Coun!)'. Pa.
Affidavit of Service
Now,
within
upon
at
by handing to
attested copy of the orIginal
the contents thereof.
19
, at
o'clock
:\1, served the
a true and
and made known to
So answers,
Sheriff of
Coun!)', Po.
COSTS
Sworn and subscribed before
me tbis day uf
19_
SERVICE
MILEAGE
AFFIDA VIT
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6, A certified copy of the Order for Continuance will be
delivered to the appropriate police department 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
Protection Order remain in effect until further Order of Court,
Respectfully submitted,
tt....'IL/~c (.-
Carey, Attor
for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
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