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Home My WebLink About97-04136 ~ v ..... ".. t ~ - \l ~ hl c., ') r" ~ c i 1 I I // /' to. telephone nnd 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 place of employment or the day care facility of the minor child. 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. 16113; ii) a private criminal complaint under 23 Pa.C.S. 16113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 16114, punishable by i.prisonment up to sil months and a fine of $100.00-$1,000.00; and iv) civil conte.pt under 23 Pa.C.S. 16114.1. Resu.ption 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 t7i day of {}UjU,.J-t. ,199;, at I,' .~6 F.rn., in Courtroom NO..!i-, 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 Michele J. Eshelman. Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY. PENNSYLVANIA NO. 97-Li/3bCIVIL TERM PROTECTION FROM ABUSE Jeff E. Detwiler, Defendant 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. have a lawyer or cannot afford one, go to or telephone forth below to find out where you can get legal help. If you do not the office set COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT Of 19~ 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 hesring or business before the court. You .ust attend the scheduled conference or hearin~. authorization, undcr circumstances which have plsced the plaintiff in rcasonable fcar of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. In or about late July 1997. the defendant has continued to attempt to discover the whereabouts of the plaintiff in spite of her hsving broken up with him causing her to fear for her safety. b. In or about the middle of June 1997, the defendant became angry, slapped the plaintiff across the mouth, and pushed her into the bedroom door causing a scratch on her arm. c. In or about the beginning of June 1997, the defendant slapped the plaintiff in the face after she had dental surgery causing severe pain. d. In or about April 1997. the defendant became angry, followed the plaintiff to the bathroom, grabbed her by the mouth, snd forced her to spit out the medication she was taking for her headache. As the plaintiff bent over to pick up the medication, the defendant pushed her against the bathroom door snd hit her in the back several times causing pain. e. On several occasions since August 1996, the defendant has abused the plaintiff in ways including, but not limited to. the followins: pushed, shoved 2 slapped, pinched, choked, kicked, pulled her hair, placed a pillow over her face resulting in her gasping for air, and forced her to hsve sex with him. When the plaintiff was pregnsnt, the defendant pushed, pinched, slapped, and threw tires at her stomach causing her to fear for her safety and the safelY of her unborn child. 6. On or about June 25, 1997, the plaintiff left her residence at 1410 Webster Drive, Carlisle, Cumberland County, Pennsylvania, in order to avoid further sbuse. 7. The plaintiff believes and therefore svers 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 place of employment or the day care facility of the minor child. II. The plaintiff desires that the defendant be enjoined from reaoYing, damaging, destroyinl or sellinl any properly owned solely by the plaintiff. J B. EXCLUSIVE POSSESSION 12. The home 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. 13. The plaintiff cannot reveal the names of the owners of the home becsuse the names will disclose her whereabouts which must be kept confidential for her protection. The plaintiff is not seeking the eviction of the defendant from her residence. 14. The defendant has his own residence located at 1410 Webster Drive, Carlisle, Pennsylvania. C. LOSSES AND REIMBURSEMENT FOR COST OF CASE IS. 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. WHEREFORE, pursuant to the provisions of the ~Protection frolll Abuse Act" of October 7, 1976, 23 Pa.C.S. 1 6101 !.1 J..I.9... as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Orant a Temporary Order pursuant to the ~Protection from Abuse Act:~ I. Ordering the defendant to refrain fro. abusln, the plaintiff or from placln, her in fear of abuse. 4 2. Ordering the defendant to refrain from having any direct or Indirect contact with the plaintiff including, but not limited to, telephone and written communicstions. 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 or the day care facility of the minor child. S. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plsintiff'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: I. Ordering the defendant to refrain from abusing the plaintiff or from placina her in fear of abuse. 2. Orderina the defendant to refrain froM hay in, 5 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 or the dsy care facility of the minor child. 5. Prohibiting the defendant from removing, damaging, destroying or selling property 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 payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of thIs Petition and Order be delivered to the Pennsylvania State Police. Middlesex Township, and Carlisle Police Depart.ents which have jurisdiction to enforce this Order. 6 ~ ~ - ,.,. ., r "' - .J .." ~ ~ . c.; - ~ . , ., ~: ,:J ~ ~), "J co - ~ l .' ~ .- '1<'1 ..~ .. -< \N~ r- 0..-... "i :ct ~ .. - -.-.; '" C" I ... C 7. The court costs and fces are waived. 8. This Ordcr shall remain in effect for s period of one year or until modified or terminated by the Court. The Order can be extended beyond its originsl expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a psttern 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. !6113: ii) a private criminal complaint under 23 Pa.C.S. 16113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. !6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and ivl civil contempt under 23 Pa.C.S. 16114.1. 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 Police, Middlesex Township, and Carlisle 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 thst 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 ,