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HomeMy WebLinkAbout97-02659 t 0... ~ ." .. ~ III ~ "- lit t"" " . .... " pending further order of court. 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 1. The appropriate 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. Tn 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 distl'icl. justice. (23 Pn.C.S. g 6113). By the Court, j dL,~,?J;! reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about May 12, 1997, when the plaintiff returned briefly to the marital residence to gather some of her personal belongings, she found that the defendant had smashed into pieces their patio furniture, a piece of furniture that belonged to the plaintiff's father. The defendant came at the plaintiff and repeatedly poked his finger at her nose threatening that he was going to hurt her really bad causing her to fear for her safety. When she got in her vehicle to leave the residence, the defendant put his head in the passenger's side of the car and threatened her again saying t.hat she was really going to "suffer this weekend" and t.hat. he was going to do it in front of everybody causing her to fear for her safety. b. On or about May 3, 1997, while the plaint.iff was sitting in her vehicle attending her daughter's soccer game, the defendant leaned int.o the car and threatened t.he plaintiff saying that she was going to "suffer really bad" causing her t.o fear for her safety. c. On several occasions in the recent. past, the defendant repeatedly followed the plaint.iff about her home, stood close to her in an intimidating manner causing her to fear for her safety, and on one occasion 2 the defendant sexually forced himself on her causing her pain. 6. On or about May 10, 1997, the plaintiff took her two minor children and left their residence at 944 Eppley Road, Hechanicsburg, Cumberland County, Pennsylvania, in order for her to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of ahuse from the defendant and that she 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 t.o, t.elephone and wrlt.ten communicat.ions, except. for t.he limited purpose of facilitat.ing custody arrangement.s. 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 entering her place of employment.. 11. The plaintiff desires that the defendant he enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. R. F.XC1.IJSIVE POSSESS TON 12. The home which t.he plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. 3 13. The defendant is living in the marital residence located at 944 Eppley Road, Mechanicsburg, Pennsylvania. C. RRIHntlRSRMENT FOR COST OF CASR 22. 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 et. seo., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of ubuse. 2. Ordering the defendant to refrain from having any direct. or indirect cont.act wIth the plaintiff including, but not limited t.o, telephone and writt.en communications, except to facIlitate custody arrangements. 3. Ordering t.he defendant to refrain from harassing and stalking the plaint.iff and from harassing t.he plaint.iff's relatives. 4. Prohibiting the defendant from ent.ering the plaintiff's place of employment.. 5. Pt'ohibit.ing the dp.fendant from removing, 0\ 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: 1. 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 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. 4. Prohibiting the defendant from 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 5 , ,i; ,: IU( , ~.)' . F.:' C;>,- G" . r;!,' j: II. t.. U) ", (..~. u.. C!. .- .... O~ s ',.) 't .'--. J !' ...- " 0 '"" 0 ~ c3 ~ '1 8 ~ .:: . ,. -;.....1 .~ .' 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