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HomeMy WebLinkAbout97-03651 ~ \. \J ~ ; ~ I.}- ~ I \ 1 . , '..- . A,'C,. . LEGAL SSMCES. INC. 8 IRVINE ROW CARUSLE. PENNSYlVANIA 17013 17171 2AH4OO Fax (H71 2U8028 '-- . Will ShoN 1717J 7flW476 ShIpponoburg 17171 6>>li888 JUL 0 7 f9~7V .< 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. 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. g6114.1. 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 indicKtes continued risk of harm to the plaintiff. The defendant is ordered to relinquish to the sheriff's department his hunting knife which is approximately eight inches in length Knd any other 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 shllll he held on this mlltter on the /'.{r/L day of July, IQQ7, at _:'__~____~~.m.. in ('ourtrnnm Nn..'~ County (~ourthnusl', Carlisle. Pennsyl\'lHlin. The plaint iff lOllY proceed without pre-payment of fees Cumberlllnd 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 ia 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 bymai!. The Carlisle Police Department wi I I be provided with a certified copy 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, ~ 6113). By the rourt, J ,;' l, r. ,: -.(- . .--t-..-------.. \ ' ,. j . /.1' ~~__-..A_:_J_~ ___.__ (3t1dl'C f/' t ~ to- \ ..~ ] ~ ~ ~ ~ a. On or about June 23, 1997, the defendant came to the plaintiff's residence uninvited and enraged. grabbed the plaintiff's arm causing bruises, screamed vile names at her, and threw a glass lamp onto the floor causing the plaintiff to fear for her safety. b. On or about June 3, 1997, the defendant pushed the plaintiff several times causing her to fall and grabbed her wrists tightly refusing to let her up from the sofa. The defendant grabbed the plaintiff around the throat with both hands and choked her for several minutes. After the plaintiff struggled free from the defendant's grasp, he shoved his fist into her face causing redness and hruises to her eye and pushed her out the door causing her to hit the back of her head on her neighbor's door resulting in swelling. The plaintiff fled the residence to get help, and when she returned momentarily with several friends. the defendant lunged at her. She discovered that the defendant had knocked the table over. spilled items onto the floor. ripped off the microwave door, smashed glass allover the floor. and threw frozen food into the sink. As the enraged defendant left the residence, he punched the air conditioner in. The plaintiff called the police and the defendant was arrested and charged with simple assault, ~ c, In or about May 1997, the defendnnt grabbed the plaintiff by the wrists. yanked her out of the bathroom, nnd pushed her onto the bed cnusing her to hit her head on the wnll. The defendnnt grnbbed a knife nnd threntened to kill himself causing the plaintiff to fear for her safety also. This incident resulted in bruising on the plaintiff's leg and swel ling on her head. d. On several occasions since May 1997, the defendant has restrained, choked, slapped, and kicked the plaintiff. The defendant has thrown items at the plaintiff causing her to have to move to avoid being hit, and has threatened to kill everyone he cares about and then kill himself causing the plaintiff to fear for her life. The defendant has attempted to kill himself in the past by jumping in front of a moving police car and by stabbing himself in the stomach. 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 including, but not limited to, telephone and written communications, 7. The plaintiff desires that the defendant be enjoined .1 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 piace of employment. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or sel I ing any property owned solely by the plaintiff. 10. The plaintiff desires that the defendant's hunting knife which is approximately eight inches in length and any other weapons he owns, possesses, and has used or threatened to use against the plaintiff be confiscated by the Sheriff's Department. n. EXC~US[~_PO~SESS[O~ 1[. 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 The Molly Pitcher lIotel, 13 South Hanover Street, Room 205, Carlisle, Cumberland County, Pennsylvania. C. RE [MlllJRSJ,M.E_NT ]OJLCOST Qf... CAsB [3. The plaintiff asks that the defendant be ordered to pay $250,00 to reimburse one of I.egal Services, Inc.'s funding sources for the cost of lit igat ing this case. .. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C,S. ~ 6101 tl ~., as amended, the plaintiff prays this Honorable Court to grant the following rei icf: 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. S, Prohihiting the defendant from removing. damaging, destroying or sel I ing property owned solely by the plaintiff. 6. Ordering the defendant to stny awny from the plaintiff's residence located at 25 South Pitt Street, Apartment Two, Cumberland County, PCTlnsylvftniil, ilTld llny other resilience tIle 5 plaint i ff may establ ish. 7. Ordering the defendant to relinquish to the sheriff's department his hunting knife which is approximately eight inches in length and any other 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 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 I imi ted 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 defendnnt from entering the plaintiff's place of employment. h 5. Prohibiting the defendant from removing, damaging, destroying or sel ling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plainti ff's residence located at 25 South Pitt Street, Apartment Two, Cumberland County, Pennsylvania, and any other residence the plainti ff may establ ish. 7. Ordering the defendant to relinquish to the sheriff's department his hunting knife which is approximately eight inches in length and any other 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. 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 a certified copy of this Petition and Order be delivered to the Carlisle Police Department which has 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 Plaint i ff H " , I '< '. 't~ ~ " ,..:I- , ." " .., 1 .. ~ .... ~> '"t j ~ '-::J '- '" '. , J .J ,~ ..; "-cl 'l'. .... ,.. ~j;! .~:.;.! ) -, ~~~4ll1i : --:~' '~~ '- ';~:. " . i1 . '~~';'~ '.','..;' ", ;,\. ~'_,,-..-~v ~;;:~~.,~1'~~-'i ~ri:~~~f' . ~t~J,~:,~~ ,,\,- LEGAL SERVICES. INC. 8 IRVINE ROW CARlISlE. PENNSYlVANIA 17013 (717)24311400 Fax (717) 2~ ~-,~ ,>,./ , Will Shale (717) 78H475 Shlpponoburg (717) 63O-li8Illl 7. The court costs IIl1d fees lire wllived. 8, This Order shall remllin in effect for u period of one year or unt i I modi fied or terminllted hy the Court. The Order elln he extended heyond its originlll expirlltion dute if the Court finds thut the defendunt has committed Ilnother lIet of ubuse or hus enguged in u pllttern or prllctice thllt indicates continued risk of hurm to the plaint i ff. 9. A violat ion of this Order muy suhject the defendant to: i) urrest under 23 PU.C.S. ~6113; i i) II private criminul complaint under 23 Pu,C.S, ~tiI13,1; iii) a charge of indirect eriminul contempt under 23 Pa.C.S. Yfi114, punishuble by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C,S. Y6114,1. Resumption of co-residence on the purt of the plaintiff and defendant shal I not nullify the provisions of the court order, 10, The Carlisle Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without wllrrant upon probahle cause that this Order hilS been violated, whether or not the violation is committed in the presence of u pol ice officer. In the event that an arrest is made under this section. the defendant shllll be taken without unnecessary delay hefore the court thut issued the order. When Nlldine M. Eyer, Pia i nt iff IN TilE COURT OF COMMON PLEAS OF CUMnERLAND rOUNTY, PENNSYLVANIA v. NO. 'l7-J651 CIVIL TERM Darryl D. Dorsey, Defendllnt PROTECTION FROM AnUSE This Agreement COtlJlF,NT AGIl.Er:Ml'~T IO'\" is entered on this _______ duy of July, 1'l97, by the plaintiff. Nadine M. Eyer, and the defendant, Darryl D. Dorsey. 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. Darryl D. Dorsey, agrees to refrain from abusing the plaintiff. Nadine M. Eyer, 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, telephone and written communications. J. The defendant agrees cot to harass and stalk the plaintiff and not to harass the plaintiff's relatives. 4, The defendant agrees not to enter the plaintiff's place of employment, 5. The defendant "grees not to remove. damage, destroy, or se II any prope rt y owned by the p I a i n t iff. 6. The defendant agrees to stay awny from the plaintiff's residence locnted at ~5 South Pitt Stll'l't. ,\partml'nt Two, Cumhl'rland ('ounty. I'cnn...yl\'lllliit. Hnd i1fl~' nth""1 I'l'sidl'nC(' the plaintiff mny estnblish, 7, The defendant. nlthough entering into this Agreement, docs not ndmit the allegntions made in the Petition, 8. The defendnnt understnnds thnt 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. g6l1J: i i) a private criminal complaint under 23 Pa.C.S. g6113,1; iii) a charge of indirect criminal contempt under 23 Po.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, g6114.1. WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms. % dd~.u(~)) Nadine M, Eyer, 10C\J1ILi ~U Dov:U"'b narryl n, Dorsey. Defendant I'~..I-< L Plllintiff b /.1 / i / L' /' I'''':l ,\......) \.. r1. ~{\ -, u__.~__..O_ u' __ -I_~ J ~n Carey 1 'Attorney for PI~intjff LEGAL SERVICES, INC. R Irvine "ow ('nrl isle, 1''\ 1 '71)1.1 (71'7) 24.1-'14(1)