Loading...
HomeMy WebLinkAbout97-03014 '" " - . ... .3 , "I > WI \l - ':)-. - o ef) , "1 / / ' ( ! I i I plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment, 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. ft6113; 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 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 duration of this Order, A hearing shall be held on this matter on the J3~ day of June, 1997, at ~:~O f,m" in Courtroom NO,~, 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 West Shore Regional and Lower Allen 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 defendant shall be taken before the appropriate district justice, (23 Pa.C,S, g 6113), . .' Beverly A, Wiles, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO, 97-30/~ CIVIL TERM PROTECTION FROM ABUSE Thomas Wiles. Jr" Defendant 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, the plaintiff saying that he had a gun with two bullets, one bullet for her and one bullet for himself, The defendant threatened that he would kill the plaintiff, that her death would be slow, and that he would then kill himself causing the plaintiff to fear for her life. b, On or about May 21, 1997, the defendant threw three cups at the plaintiff causing her to move to avoid being hit, The defendant punched the plaintiff in the right eye and on the side of the hear causing a black eye and a swelling on her head. c, In or about the winter of 1992, the defendant kicked the plaintiff in the ribs and hit her in the face, head, and chest causing bruises and a laceration over her right eye, d, In or about the summer of 1984, the defendant pinned the plaintiff in the corner, kicked her, and punched her in the face and head causing a laceration on her shin and bruises on her face and forehead, e, Since 1974, on several occasions, the defendant has punched, slapped, choked, kicked, pushed, and grabbed the plaintiff, The defendant has held the plaintiff's head down while attempting to hit her with a board. The defendant has taken the plaintiff's car, has broken items and has thrown objects at the 2 plaintiff causing her to fear for her safety. 5, On or about May 21, 1997, the plaintiff left her residence at 108 A South Front Street, Second Floor, Wormleysburg, Cumberland County, Pennsylvania, to avoid further abuse from the defendant. 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 protection 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, teiephone and written communications, 8, The plaintiff desires that the dpfendant 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, 10, The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. 11, 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 12, The apartment which the plaintiff is asking the Court 3 to order the defendant to stay away from is not owned or rented in the defendant's name. 13, On or about May 29, 1997, the defendant voluntarily left the marital residence located at 108 A South Front Street, Second Floor, Wormleysburg, Cumberland County, Pennsylvania, indicating to the landlord that he no longer intended to reside in that residence, and took up residence at 707 Pear Street, Apartment Two, Lemoyne, Cumberland County, Pennsylvania. 14, The plaintiff arranged with the landlord to lease the residence at 108 A South Front Street, Second Floor, Wormleysburg, Cumberland County, Pennsylvania, solely in her name, C. REIMBURSEMENT FOR COST OF CASE 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. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa,C.S, 9 6101 ~ ~., 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 from placing her in fear of abuse, 4 2. Ordering the defendant to refrain from having any direct or indirect contact with the piaintiff inciuding, but not limited to, telephone and written communications, J, Ordering the defendant to refrain from harassing and stalking the piaintiff 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 owned solely by the plaintiff, 6. Ordering the defendant to stay away from the plaintiff's residence located at 108 A South Front Street, Second Floor, Wormleysburg, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 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 5 an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or from 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. 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. 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 108 A South Front Street, Second Floor, Wormleysburg, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 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 6 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 of this Petition and Order be delivered to the West Shore Regional and Lower Allen Police Departments which have jurisdiction to enforce this Order, The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 7 .... "" -.l " " ..J ... N :..:: l.,1 fi', " " N'! ~ ;."": - '.~ -- lL'C; ,'..~ >; c.~ [, .' , J ~ :... ~ 1'-' ..- ',:<i ',' Li'r' ~. ~ ',.-' . ,) B" ~ ':,; 1- w_ " - II I , ,_I. I' i'" :'_J CO ..J~ '..1 , ,', 7, The defendant is prohibited from acquiring or possessing any weapons for the duration of the Order, 8, The court costs and fees are waived. 9, This Order shall remain in effect for a period of one year or until modified or terminated by the Court, The Order 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. 10. 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 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, 11, The West Shore Regional and Lower Allen Police Departments shall be provided with certified copies of this Order by the plaintiff's attorney and may enforce this Order 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 a police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the