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HomeMy WebLinkAbout97-03276 . -f1 I j(() . ..J L JJ , Ci , " g ~ J ...5 t' g I I 6-) i ., ~I I ~i'::;}7~WW}t{{X:~~f~%:~~~1~ll~t;{~!;t~~~m;~~1;~g;O(Ii::fg;fl~~1!~Ji Tricia K. Albright, Plaintiff IN THE rOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Clair E. Giles, Jr" Defendant NO. 97-~:t7~IVIL TERM PROTECTION FROM ABUSE AND NOW, 1W/YrY PRPTECTION ORDER this ~-l-,-,-- day of June, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Tricia K. Albright, now residing at 111 C South Spruce Street, Shiremanslown, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Clair E. Giles, Jr., lhe following Temporary Order is entered. The defendant, Clair E. Giles, Jr., (SSN: unknown and date of birth: 6/22/76) now residing at 187 Sloney Run Road, Dillsburg, York County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Tricia K. Albright, or from placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at III C South Spruce Street, Shiremanstown, Cumberland County, Pennsylvania, leased solely by the plaintiff to which the plaintiff moved to avoid abuse, and any other residence the plaintiff may establish. The defendant is ordered to refrain from having any direct or indirect conlact with the plaintiff including, but not limited to, telephone and writlen communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassinM 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 jointly by the parties or owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.e.s. ft6113; ii) a private criminal complaint under 23 Pa.e.S. ft6113.1; iii) a charge of indirect criminal contempt under 23 Pa.e.s. ft6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.e.S. ft6114.1. 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. A hearing shall be held on this matter on the ().7~day of June, 1997, at //,'/~ ~., 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 Ordcr shall bc dockctcd In the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy uf this Order to the defendant by mail. The Pennsylvania State, Shiremanstown. and Mechanicsburg Police Departments will be providcd with certificd 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 takcn 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. ~ 6113). By the Court, . dge Tricia K. Albright, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-3J74 CIVIL TERM Clair E. Giles, Jr., Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. g 6101 et seq. A. ABUSE 1. The plaintiff, Tricia K. Albright, is an adult individual residing at 111 C South Spruce Street, Shiremanstown. cumberland County, Pennsylvania, 17011. 2. The defendant, Clair E. Giles, Jr., (SSN: unknown)(Date of Birth: 6/22/76), is an adult individual residing at 187 Stoney Run Road, Dillsburg, York County, Pennsylvania 17019. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately December 1996, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including following the plaintiff, without proper authorization, under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: n. On or about June 13, 1997, the defendant grabbed the plaintiff by the leg and wrists, hit her in the mouth with his head, punched her in the chest, and shoved her into the wall causing swelling and a laceration on her lower lip, bruises on her arms and legs, and swelling and bruises on her wrists. The defendant threatened to kill the plaintiff saying that she would not make it home if she went to a concert that night causing her to fear for her safety. b. On or about March 23, 1997, the defendant punched the plaintiff in the arms, legs, and ribs causing several bruises. c. On or about February 15, 1997, the defendant punched the plaintiff and shoved her into the wall causipg bruises on her legs, arms, and back, and a laceration on her lip. d. In or about February 1997, the defendant threatened to kill the plaintiff saying that if she ever left him, she would never see her family again causing her to fear for the safety of her family and herself. e. On several occasions since December 1996, the defendant has pushed the plaintiff causing her to fall, threatened to punch the plaintiff and knock her teeth down her throat, and made harassing telephone calls to her residence and employment. Twice, the defendant has 2 threatened to kill 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 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 or 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 restrained from entering her place of employment. 9. 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. EXCLUSIVE POSSESSION 10. The apartment 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. 12. The defendant has his own residence located at 187 Stoney Run Road, Dillsburg, York County, Pennsylvania. C. LOSSES AND REIMBURSEMENT FOR COST OF CASE 13. The plaintiff asks that the defendant be ordered to pay 3 $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 tl ~., 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. 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. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaint iff. 6. Ordering the defendant to stay away from the 4 plaintiff's residence located at III C South Spruce Street, Shiremanstown, Cumberland County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establ ish. 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: I. 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. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaint iff. 6. Ordering the defendant to stay away from the 5 The above-named plaintiff, Tricia K. Albright, verifies that the statements made in the above petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. g 4904 relating to unsworn falsification to authorities. Date: ~(ULL /((, !c,0 7 .. 8 )R >, C"') 2- "#; co' . . ....:; (~ () U..!.~. (-~ . U ro:' II." ..~ . C' j , ' C r;l ._of l.. = '. "" .; , - '~mnlll!'.ln'-i'~i;':A_ . ~\,..,f,;t~. 'J~;X0~tti>:~:HEt~~~{{fff&;f~if!ii:' . " ; ; f '. .. A."., . .,- . -, .' . Tricia K. Albright, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-3276 CIVIL TERM Clair E. Giles, Jr.. Defendant PROTECTION FROM ABUSE AND NOW, 1. J.e.Ii.Qn~Q..T11tN-9 DER this L_ day of_ , 1997, upon consideration of the Consent parties, the following Order is entered: 1. The defendant, Clair E. Gi les, Jr., is enjoined from physically abusing thc plaintiff, Tricia K. Albright, or from placing her in fear of abusc. 2. The defendant is cnjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, 4. The defendant is prohibited from entering the plaintiff's place of employment. 5. 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 ordered to stllY IlWIIY from the . . plllintiff's residencl' loclltell at III C South Spruce Stn'l't, Shiremanstown, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 7. The court costs and fees are waived. 8. 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. 9. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C,S. g6113; ii) a private criminal complaint under 23 Pa.C.S. g6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. g6114, 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. ~6114,1. Resumption of co-residence on the part of the plaintiff and defendant shall not nUllify the provisions of the court order. 10. The Pennsylvania State, Shiremanstown, and Mechanicsburg 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 IIn arrest is made under this section, the defendant shall he taken without unnecessary delay 5. The defendnnt ngrees not to rcmove, dnmagc, destroy, or sell any propcrty owned hy the plnintl fr or Jointly owned hy thc parties. 6. The defendnnt nRrecs to stny nWIlY from thc plllintlff's residcnce locatcd lit III C South Spruce Strcet, Shi rcmllnstown, Cumbcrlllnd County, Pennsylvnnln, nnd nny other rcsidcnce the plaintiff mny establish, 7. The defendnnt, nlthouRh cnterinR into this ARrccmcnt, does not admit the allegntions mlldc in the Pctition. 8. The defendnnt undcrstnnds thnt thc Protcctlon Ordcr cntercd in this mattcr will he in erfect for II period of one ycar and can be extendcd bcyond it originlll expirlltion dntc if the Court finds that the defcndnnt has committcd nnothcr act of ahusc or has engagcd in u pattern or prnct ice thllt indiclltes cont inued risk of harm to the plllintiff, Thc dcfendllnt understllnds thnt this Order will he enforccahle in thc Slime mnnner liS the Court's prior Temporary Protection Order entered in this cllse. 9. Violllt ion of thc Protcct ion Order mil)' suhJcct the defendnnt to: i) IIrrest under 23 PII.C,S. ~6113; ii) n privllte criminal complllint undcr 23 Pn,C.S. ~hI13.1: iii) a charRe of indircct criminal contempt under 2.1 I'n.C.S. ~hI14, punishnhle by imprisonmcnt up to six months IInd II finc or $100.00-$1,000.00; and iv) civil contempt under 2,1 1'1I,I',S. ~I>l14.1. WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms. Jli(tt ~iJl~XL Tricia K~ brigh , Plaintiff flL;l (fA i. Clair E. Giles{ Jr., Defendant Philip . Brigan Joan Carey Jane Muller-Peterson Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 '., @ .~ C' . ~~ ~ C'" -.J '1 ij f C' c': r~ t. , , U" ( " r.: ~ L, l? C' \; u '" ,-... _.~ \. ''''> ".", .-, u " ,. . . In The Court of Common Pleas of Cumberland County, Pennsylvania TRICIA K. ALBRIGHT HEARING DATE: 6/27/97 VS. CLAIR E. GILES, JR. No. 97 3276 19_ Now, 6/19/97 YORK 19_, I SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize lbe SherllT of Couoty 10 execute this Wril,lbis depuI.lion being m.de 'Ithe request .nd risk oftbe PI.lnlilT. r~-~~~ SherllTofCumberl.nd Coun!)', P.. '- "-' .... ......, = '.;) '''I ." ,.., :c , -;r:l .::..':") . : r, :'~ < . r, , " .. .' . ... "'-. N o ,.., -,- Affidavit of Service "'-, - '-' '-. ~"C: eJ) r.. , ~, ':-"::1 -. Now, within upon al June 23, o'c1ock P. M, served Ibe 1997 ,at 8:30 TemPOrarv Protection Order Clair E. Giles, Jr. 187 Stoney Run Road, Dillsburg, PA by handing to ('lair E. Giles. Jr. attested copy oflbe original at sarre as above him the contents thereof. a Irue .nd and made known 10 So answers, J->-. V, l/cL- ". /t)? <-<..-- NOTARIAL SEAC JIM V, VANGREEN, NOT ARY PUBLIC YORK, YORK COUt.TV, PA MY COMMISSION EXPIGES ,,1/"-1.22,2001 ./!). '//f.7~ SherilT of York Coun!)', Fa. COSTS S\\orn and subscribed before methi, 25th day of June SERVICE MILEAGE AFFIDAVIT s 19~ S none "