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Home My WebLink About97-03486 I I \ ~ t-l '\l .::J ~J ~ I Hi '''''''') .~~ _;f,f'l0",' A":'"'-' .... . J ~ ~) . t' 0'-. I ~: "f~~~.~~l1:l't%tj'l1'~~~"";"""''''''-'''''''''' ,_v"""""'~~"~'1'''''~~')'>~r.Wi ~~i~.~~~~~~~~Wi~W-i~.;~~~~1ifi,~:~;~~~~~~:i'.~:'.~~.t717):~."y ::;..~_":"" z~-~-"ill~ft~:.~~~~~.. Deanna M. Vazquez, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- 348ft. CIVIL TERM James F, Pope Jr" Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER h. ',rift; d . AND NOW, t 1S '_ c ay of June, 1997, upon presentat10n and consideration of the within Petition, and upon finding that the plaintiff, Deanna Vazquez, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, James Pope Jr., the following Temporary Order is entered. The defendant, James F. Pope Jr., (SSN: unknown) (Date of Birth: 04/20/73) now incarcerated in Cumberland County Prison, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Deanna Vazquez, or placing her in fear of abuse, The defendant is ordered to stay away from the plaintiff's current residence, and any other residence the plaintiff may establish, The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's Deanna M. Vazquez, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- 3'18(, CIVIL TERM PROTECTION FROM ABUSE James F. Pope Jr., Defendant NOT ICE 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. and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which has placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about June 25, 1997, the defendant grabbed the plaintiff by her ponytail and shirt, twisting the shirt tight to her neck, causing bruising and pain, The defendant then shoved the plaintiff, causing her to almost fall down the front steps. As the plaintiff was in the process of leaving, the defendant ran toward her in a threatening manner, spit on her, grabbed her by the neck, pinching it. The defendant then threw a jewelry box and necklace at the plaintiff, causing her to fear for her safety, b. At another time on or about June 25, 1997, the defendant grabbed the plaintiff by her throat, choked her, pushed her to the floor, and punched her in the side of her head twice, causing her pain. When the plaintiff glanced up, the defendant punched her in the head again, kicked her in the stomach, and punched her twice more in the head, causing her pain, During this incident, the defendant made various threats to the plaintiff, such as, "You don't know how powerful I am," "You don't know all the people I know," "You must think I'm playing with you," and "If I were you, I wouldn't go to work tomorrow," causing the plaintiff to fear for her safety. c. On or about June 12, 1997, the defendant pushed the plaintiff and spit on her twice, causing her to fear for her safety. While the plaintiff and the defendant were in her car, the defendant slapped the plaintiff in the side of the head as she was driving. As the plaintiff continued to drive, the defendant pulled the keys out of the ignition, stalling the car in the middle of the road, causing the plaintiff to fear for her safety. The defendant then spit on her and punched her in the head, causing her pain. d. On several occassions since approximately February of 1997, the defendant has shoved, thrown, restrained, choked, kicked, burned, and threatened to kill the plaintiff, causing the plaintiff pain and causing her to fear for her safety. 6. On or about June 26, 1997, the plaintiff left her residence at 1101 Lindham Court, Apartment 202, Mechanicsburg, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. 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. 8. 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. 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 future place of employment 11. 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 12. The apartment from which the plaintiff is asking the Court to exclude the defendant is at an undisclosed location and is not owned or leased by the defendant. 13. The defendant is currently incarcerated in Cumberland County Prison, Carlisle, Cumberland County, Pennsylvania, 17013. His permanent residence is located at 5 Adams Drive, Enola, Cumberland County, Pennsylvania. C. REIMBURSEMENT FOR COST OF CASE 14. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Sevices, 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 P,S, S 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 and 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 future place of employment. 5. Prohibiting the defendant from removing, 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, 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 and 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 future place of employment. 5. Prohibiting the defendant from removing, 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, and any other residence the plaintiff may establish, 7. 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 pre-payment of fees by the plaintiff. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~A) &~~~-/ C- Joan Carey 0 Philip C. Briganti Jane Muller-Peterson Attorneys for Plaintiff LEGAL SERVICES, INC. a Irvine Row carlisle, PA 17013 (717) 243-9400 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. 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 after notice or hearing and may 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. 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 appropriate police depart~ent shall be provided with a certified copy of this Order 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 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. Deanna M. Vasquez, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-3486 CIVIL TERM James F. Pope Jr., Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT This Agreement is entered on this 3'(V day of July, 1997, by the plaintiff, Deanna M. Vasquez, and the defendant, James F. Pope Jr. 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, James F. Pope Jr., agrees to refrain from abusing the plaintiff, Deanna M. Vasquez, and 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, telephone and written communications. 3. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's future place of employment. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 6. 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