Loading...
HomeMy WebLinkAbout97-03121 \. \I - .... .. ~ ~ ~ \l ::::: '.. ~ ; , I I , ; , I I I I I I , I i , - I . . .:) I - - '"6 '"' } N') / I I t-- ~ . ~ Deborah S. Miller, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA v. NO. 97- 31~ \ CIVIL TERH Jason II. Hiller, Defendant PROTECTION FROH 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 ADHINISTRATOR, 4th FLOOR CUHBERI,AND COUNTY COURTHOUSE CARLISI,E, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABHITIES 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. pJalntlff by her arms and threw her into walls causing her pain. On one occasion, the defendant pushed her backwards causing her to fall down some stairs. b. In or about May 1996, the defendant tripped the plaintiff causing her to fall, grabbed her by the arms, threw her across a room, and threw liquid in her face causing her to fear for her safety, When she tried to get away from the defendant, he grabbed her dress and ripped it, As she went into another room and closed the door, the defendant threw an object at her hitting the door. c. In or about March 1996, the defendant repeatedly pushed and hit the plaintiff causing bruises and a black eye. He forcefully hit her hand twice against at wall causing bruises on her hand, and ripped telephones out of walls causing her to fear for her safety. d. In or about August 1995, the defendant threw the plaintiff down onto a floor, held her down by her wrists causing bruises, and screamed at her causing her to fear for her safety, On another occasion in August, 1995, the defendant pointed a gun at the plaintiff causing her to fear for her safety, 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she remain in the home without the defendant's exclusion 2 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. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. 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. 9. 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. EXCI,USIVE POSSESSION 10, The mobile home from which the plaintiff is asking the Court to exclude the defendant is owed in the names of the plaintiff and the defendant, but the defendant voluntarily moved from the marital residence on or about March 14, 1997. 11. The defendant resides at 7 Wexford Court, Carlisle, Pennsylvania. C. REIMBURSEMENT FOR COST OF CASE 12. 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. 3 WHERF.FORE, pursuant. to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 Pa.C.S. g 6101 gJ; ~., as amended, the plaintiff prays this Honorable Court to grant the ~ollowing relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plalnt.1 ff 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 writ.t.en communications. 3, Ordering the defendant to refrain from harassing and st.alking the plaintiff and from harassing t.he plaintiff's relat.ives. 4, Prohibiting t.he defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plnlntlff. 5, Granting possession of the mobile home 10cllt.ed Ilt 801 Sllndbllnk Ilolld, I,ot. 23, Ht.. I/olly Springs, Cumberland Count.y, Pennsylvania, to the plnint.lff t.o t.he exclusIon of t.he defendant pending 1\ final orclel' In t.his mllt.tel'. " 6. Ordering the defendant to stay away from 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. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned hy the parties or owned solely by the plaintiff. 5. Granting possession of the mobile home located at 801 Sandbank Road, Lot 23, Mt. Holly Springs, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 6. Ordering the defendant to stay away from any other residence the plaintiff may establish. 5 ~. ---< 0 I"" 0 -=-, \i) .. >- ~ (>1 . u' .- fY) ) ~, l" I" ....:;; . ., ~ J) U)D .-. s "l.:,: E'-' :---.: ,..;;;- \ ~f~~ ...: '~ .1: .....~ j .. r:..~. N .~7 [;; ","- ,-, a:V, :; ;7--:';;' r:= ;Ii\? ~ =i "l ..,~ .... lI. r- . ~ u ~) 0', U ~ 'J :l ,,1: ,.... \..:J-!t. '" .........>--..'- ';:.-J j ~ ~ Ll .w J v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-3121 CIVIL TERM Deborah S. Miller, Plaintiff Jason H. Miller, Defendant PROTECTION FROM ABUSE PROTECTION ORDER ,0'1' AND NOW, this a day of June, 1997, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Jason H. Miller, is enjoined from physically abusing the plaintiff, Deborah S. Miller, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or ~ indirect contact with the plaintiff including, but not limited to, telephone a,n? wri t, ~en communications J.-A.{.'C!.."I -Iv a:r/IQ 1L</-v/">f./;.'-'V L . -4M-he~[,,~ <-IV ~k-t.--'....j- cc--u",w..:..L<-'?"'l7_'lAJr;.~!f'-"-'-'c.. "-W/II .CMf '~(jJ,lJrcu. () 3. J The defendant is ordered to rlfrain ft6m harasSing ana stalking the plaintiff and from harassing the plaintiff's relatives. 4. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 6. The defendant is excluded from the plaintiff's residence located at 801 Sandbank Road, Lot 23, Mount Holly springs, Cumberland county, Pennsylvania, and any other residence the plaintiff may establish. 7. The defendant is ordered to relinquish to the sheriff's department any weapons which he owns, possesses or has used or threatened to use against the plaintiff. The defendant is prohibited from acquiring or possessing any other weapons for the duration of the Order. B. 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. 56113; ii) a private criminal complaint under 23 Pa.C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 56114, 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. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 11. The Pennsylvania state and Mount Holly springs 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 Deborah S. Hiller, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-3121 CIVIL TERM Jason H. Hiller, Defendant PROTECTION FROM ABUSE This Agreement is entered on this CONSENT AGREEMENT \~~ day of June, 1997, by the plaintiff, Deborah S. Miller, and the defendant, Jason H. Miller. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Jason H. Miller, agrees to refrain from abusing the plaintiff, Deborah S. Miller, or from placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, ()snn telephone and written communications ~i..f ach./- -d, Cl,t.t4."'-'ft' ".,.,{/~ ~~ rJ6/..t<-. (l~'t.:~:'j;J~"fe d'~f~~d:-:t ~~~~n~t l~ ~~:~JS-"~d <;t;:~k'Iher>V f) , plaintiff and not to harass the plaintiff's relatives. 4. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 5. The defendant agrees to stay away from the plaintiff's residence located at 801 Sandbank Road, Lot 23, Mount Holly . . springs, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 6. The defendant agrees to relinquish to the sheriff's department any weapons which he used or threatened to use against the plaintiff. The defendant agrees not to acquire or possess any other weapons for the duration of the Order. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one year and can be extended beyond it 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 understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. 56113; ii) a private criminal complaint under 23 Pa.C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 56114, 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. 56114.1.