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HomeMy WebLinkAbout97-03060 " ~ o l E "- V) ~ , i - \.. " ,a 3 ~ ~ i ~ ..... '... Q ~ <:> -..) <:> ~ I t"'- O'" . ^ ~, \ . a) On or about May 28, 1997, the defendant followed the plaintiff to her siSler's home and watched lhe plaintiff from behind parked cars for approximately 10 minutes causing the plaintiff to fear for her safety The defendant did not leave until the plaintitrs brother.in.law intervened asking the defendant 10 leave. b) On or aboul May 26, 1997, the defendant came to the plaintitr s residence, pounded on the door, and entered lhe residence uninvited. The defendant Slraddled the plaintiff, pinned her to the bed, and screamed in her face. When lhe plaintitrs six-year- old son, Matthew, tried 10 get help, the defendant pushed the child aside, chained the door, Slood in front of the door, and pushed the plaintiff when she tried 10 leave. When the plaintiff was able 10 get out of the apartment, she sought help from a neighbor whose mend convinced lhe defendant to leave, The Carlisle Potice Department was contacted and a report was filed resulting in a charge of false imprisonment being filed against lhe defendant. c) On or about May 20, 1997, the defendant followed lhe plaintiff to the grocery Slore causing her to fear for her safety. d) On or about Janulll)' 1997, the plaintiff returned home from work on several occasions when her children were under lhe defendant's care, to find bruising and red marks on her four-year-old daughter's buttocks. The plaintiff and her children moved out of the residence 10 avoid further incidents of abuse, e) On or about September 26, 1995, the defendant pushed the plaintiff against lhe wall and furniture, When lhe plaintiff lried to use the phone in to call for help. the defendant repeatedly punched her about her head, The plaintiff suSlained bruising and soreness about her head, headaches, and red marks on her back as a result of this incident. The plaintiff filed simple assault charges against the defendant and sought medical treatment for her injuries at Carlisle Hospital. t) On or about August 25, 1995, to prevent the plaintiff from leaving, the defendant shut the bedroom door, slood in front of it, and repeatedly grabbed her by the anns and shoved her onto the bed. When the plaintiff got out of the residence, the defendant followed her to her vehicle, took the her keys, and tackled her when she tried to retrieve them, The plaintiff s minor son went to get help. After the plaintiff got her keys and went back to her vehicle, the defendant tried to grab her keys again slopping only when a neighbor came outside. g) On or about April 16, 1995, the defendant locked the bedroom door, slood in front of it, and pushed the plaintiff onto lhe bed when she tried to leave. The defendant's sisler persuaded him to open lhe door and release the plaintiff after hearing her yell for help, but the defendant followed her from room to room, locked her in her daughter's room, and slood in front of the door. When the defendant's brother intervened and tackled the defendant, the plaintiff was able to leave with her minor children, 5. The plaintiff believes and therefore avers that she and her two minor children are in immediate and present danger of abuse from the defendanl and that they are in need of prolection from such abuse. 6, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff or her minor children including. but not limited 10, lelephone and wnl1en communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff and her minor children. 8. The plaintiff desires lhat the defendanl be restrained from entering her place of employment, or the school and day care facilities of the plaintiff's minor children, 9, The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned by lhe plaintiff. B. EXCLUSION 10, The residence from which the plaintiff is asking the Court to order the defendant to stay away from is leased in the name of lhe plaintiff, Paula Marie Quenzer, and is located at James Wilson Safe Harbour, 102 West High Street, Apt. 326, Carlisle, Cumberland County, Pennsylvania, . C. REIMBURSEMENT FOR COST OF CASE 11. The plaintiff desires that the Court order the defendant to pay $250,00 10 Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of attorneys' fees. as reimbursement for the cost oflitigating this case and assess a $25,00 surcharge and court costs 10 the defendant if the case goes to hearing, A. Grant a Temporary Ortler PUfSl\l\IItto the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff or her two minor children and from placing them in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor children including. but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and her two minor children. 4. Prohibiting the defendant from entering lhe plaintift's place of employment or the schools and day care facilities of her two minor children. S. Prohibiting the defendant from removing. damaging. destroying or selling property owned by the plaintiff. 6. Ordering the defendant 10 stay away from the plaintift's residence located at James Wilson Safe Harbour,I02 West High Street, Apt. 326, Carlisle, Cumberland County, Pennsylvania, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. Schedule a hearing in accordance with lhe 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 her two minor children or from placing them in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or the plaintift's two minor children including. but not limited to, telephone and wriuen communications, 3, Ordering the defendant to refrain from harassing and sla1king the plaintiff and from harassing her relatives and her two minor children. 4. Prohibiting the defendant from entering the plainlill's place of employment and the school and day care facilities of her lwo minor children. 5, Prohibiting lhe defendant from removing. destroying or selling any property owned by the plaintiff. 6, Ordering lhe defendant 10 stay away from the plaintill's residence located at James Wilson Safe Harbour, 102 West High Street, ApI. 326, Carlisle, Cumberland County, Pennsylvania, and ordering the defendant to slay away from any residence the plaintiff may in the future establish for herself. 7, Ordering the defendant to pay $250.00 to Cumberland County, one of Lega1 Services, Inc. 's funding sources, in lieu of attorneys' fees, as reimbursement for the cosl of litigating this case and assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing. The plaintiff further asks lhat this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order atlhe hearing. and that a certified copy/certified copies of this Petition and Order be delivered 10 the Carlisle Police Department and any other appropriate police department which has jurisdiction to enforce this Order. , c;"'"; I J:"~ I'. . F:":.. (;, r ,: " , , L~~' I .. Li r-.. "'" ~ S ~ " .... ~ rrl .. C"j '1 ~ r-. .' . . ," '- :-, ; .' .J ;.~.-~ '..J 6. The defendant is ordered to stay away from the plaint ill's residence located at James Wilson Safe Harbour, 102 West High Slrcct, ApI. 326, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared, and is ordered to stay away from any residence the plaintiff may in the future establish for herself. 7. Court costs and fees are waived. 8. This Order shall remain in effect for a period of one (I) year and can be extended beyond lhat time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk ofhann to the plaintiff or her minor children. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9, A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S, ~61J3; ii) a private criminal complaint under 23 Pa.C,S, ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa,C.S, ~6114, punishable by imprisonment up to six months and a fine of$ I 00.00- $1,000.00; and iv) civil contempt under 23 Pa,C.S. ~6114.1. 10. The Carlisle Police Department and any other appropriate police departments shall be provided with certified copies of this Order by the plaintifl'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 the police officer, In the event lhat an arrest is made under this section, the defendant shall be taken without unnecessmy delay before the court lhat issued the order, When that court is unavailable, lhe defendant shall be laken before . ^', >- IrJ [~ ~ c ..., ... a. ...~ wP :J:!r: u6 ,. J-. fE'~ :r:: ':'.J?i o~ -..; ....,.:s ~& :.....,....J (") ~..~ - ;~; "'f - FE -. '"fE ;:j fE -, & ,... ~ O'l 0