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Home My WebLink About97-04182 Conlessa M. Marsh, : IN TIlE COURT OF COMMON PLEAS OF Plaintiff : Cill.IDERLAND COUNTY, PENNSYLVANIA v. : NO. 97- '11 1;l.J CIVIL TERM Alan R. Marsh, : PROTECTION FROM ABUSE Defendant PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT.2J Pa.C.S. ~ 6101 rt seq. A. ABIISE 1. The plaintiff, Contessa M. Marsh, is an adult indi\.idual residing at 40 Buttonwood lane. Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Alan R. Marth, (SSN: unknoM1 )(Date of Birth: 6/26175), is an adult irlcm.iduaI residing al I S6 Joya Circle, Harrisburg, Dauphin County, Pennsylvania, 17112. 3" The defendant is the plaintiffs hU5band" ... Since approximately May 1997, the defendant has attempted to cause and has intentionally, ~ingIy. or reddellly caused bodily iJUUf)"to the plaintiff, has falscly impNoned her pumwlt to II Pa.C.S. ~ 2903, has placed the plaintiff in reasonable fear of imminent serious bodily izVury, and has blowingly c:npgcd in a course of conduct or RpCaIcdIy committed acts toward the plaintiff under ciKumstanccs wbich ha,~ pIal.'ed the plaintiff in reasonable fear of bodily iIVurY. ThiI has included, but is not limited to. the following specifk insIanccs of abuse: a. On or about July 27, 1997, the defendant came up hchind the pbintitf eI'''"'& her to be afraid and run towards the door. \\'hen the pWntlft w'Cftt to her car to I!d away from the detCndant. he folowed her and opened the dm'tf" door ~ her to tear lOr her safely. As the plaintitr started to back the car up, the defendant pulled the keys out of the ignition and refused to give her the keys until she told him where she was going, When the plaintiff agreed to talk to the defendant, he returned her keys. When the plaintiff tried to pull away in the car, the defendant thrust his upper body into the open window of the car, grabbed the plaintifrs hand, and bit her ann causing bruises. f'earing further abuse, the plaintiff continued to drive away and, the defendant finally let go and dropped out of the car. Later tIw evening. the defendant telephoned the plaintiff and came to the plaintitl's mother's residence where the plaintifrs was ,laying causing her to fear for her safel)', but the plaintiff's mother intClVCllCd and took the defendant home. b. On or about July 26, 1997, the defendant raised his voice causing the plaintiff to fear for her safety, and when she attempted to leave the room, the defendant repeatcdly blocked her exit with his ann and body. \\-'hen the defendant did let the plaintiff lea", and go into anodIcr room, he then bIoded her from exitins tIw room causing her to fev for her safety. The pWntitf picked up the Id. JMlC to callier -""1IlI:C, but the defendant arabbI:d it out of her hand and foo:cfully threw it apinat a wd ~ at the r!r',lIitl The dcfcalanl (atne behind the p1~ pabbed her a'OUIld her waist, piacd her up. ~. squce1cd her IIId tICllI her backward~. As the plaintin struggled to getlree. the defendant dropped her to the floor causing her to land on her tailhone and side. The defendanl picked her lip and threw here into a wooden headboard. As a result of thi~ incident, the plaintiff had bruisc!l on her foreanns, soreness and pain. c, In or about May 1997, on two separate occasions. the defendant grabbed the p1aintill around the waist, picked her up, bent her badwards, and threw her onto the bed causing her pain. 5. On or about July 26, 1997, the p1aintilI left her residence al156 Joya Circle, Harrisburg. Dauphin County, p~"''ania. in order to a\uid further abuse. 6, The p1aintitT believes and therefore avers that she i~ in immediate and presenl danger of abuse from the defendant, and that she is in need of protection from such abuse. 7. The plaintiff'desires that the defendant be prohibited from ha\ing any direct or indirect contact with the plaintitT including. hut not limited 10, telcphone and written communications. II. 'fhc plaintiff desires that the defendant be enjoined from Iwassing and stalkin& the plaintiff, and from harassing the plaintiff. re1a\M:l. 9. 'fhc plaintitT desires that the defcrnbnt be restrained from cntcfing her pIaI;c of employment. 10. The pbintill desin:s that the dcfcrnbnt be enjoined from ratlO\m&. damaa,ia&. dcslroyiIlc or sdlina any ptlJP'1'ly 0\\1K\l joindy by the partiea or O\\1K\llOlcly by the p1~tT. 8. I<:XCLI !SIVI<: POSSI<:SSION II. The home which the plaintiff is asking the Cuurt tll order the dclcndantto slay away from is not o\\ned or rented in the defendant's name. 12, TIle defendant has his OM! residence located at I S6 Joya Circle. Ilarrisburg, Pennsylvania. C. RI<:JM81 TRSJ<:I\1I<:NT FOR ('OST OJ<' ('ASJ<: 13. The plaintiff asb Ihalthe dcfendanllx: urdered to pay S250.00 tu reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. WllliIlliI'OIlli, pursuant to the pro\i~ons of the "Protection Hum Abuse Act" of October 7" 1976,23 Pa.C.S. ~ 6101 ~ ~., as amended, the plaintiff prays this Honorable Cow:t to grant the foUo",ing relief: A. Granl a Temporary Order pursuant to the "I'roleclion from Abuse Act:" I. Ordering the defendant 10 refrain from abusing the plaintiff or placing her in fear of abu.'IC. 2. Ordering the deli:ndanl to refrain from ha\;ng any direct or indirect conlact \\ith the plaintiff including. but not Iimitcd to, teIcphone and \\Titten communiutions. ,3, Ordering the deli:ndant to refrain from harassing and IIIaDdng the pllintill' and fium harr ins the pIaintilfs relalMs. ... ProhiNting the dcfcndanllium mtcring the plan.lilrs pI.\I:e ol~, S, Prohibiting the defendantlrom remo\ing. damaging. destroying or selling prnperty jointly owned hy the parties or owned solely by the plaintitI: 6. Ordering the defendant 10 stAy away from the plaintitJ's residence localed a\ 40 Buttonwood l.ane, Carlisle, Cumberland County. Pennsylvania, and any other residence the plaintitf may estAblish. B. Schedule a hearing in accordance with the pro\isions 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 \0 refrain from abusing the plaintiff or placing her in fear of ahuse. 2. Ordering the defendant to refrain from ha\ing any direct or indirect contAcl with the plaintitf including. but nollimiled 10, lelephone and written communications. .J. Ordering the defendant 10 refrain from Iwassing and ItaIkin& the plaintiff and from harassing the plaintifl'! relatives. 4, Prnhibiling the defcndantlrom entering the ptaintitr. pIIcc of employment. S. Prohibiting the dcli:ndanllrom t\."IllO\'ing. dantagin& dcslro)iIla or acIIina plupaty joinII)'lMned by the partjca or owned aoIdy by the plaintifl'. 6. orderinat the ddm.J.1nllo .1.1) ""Y from the pbinliff'l reu......no;c ,""lIcd II 40 Ilutt.'"\\ll..... I.~ C.utN.:. Contessa M. !\Ian;h, v. : IN TI IE COt TIn OF COMMON PLEAS OF : CUf\mERLA}..'f) COlJ1l,TY, PEr-.'NS'l1.VA}"1A : NO. 97- 4182 CIVIL TERM Delend3llt : PROTECTION FRO!\! ABUSE MOTION "'OR CONTINUANn: Plain Ii If Alan R. Marsh, The pl3intitt; by and through her anomey, moves Ihe Court for 3Il Order generally continuing in the above-captioned casc on the ground~ Ihal: I. A Tempomy Protection Order was is.~ued by this Coun on Augu~1 4. 1997, s.:heduling a hearing lor the I IIh day 01 August. 1997. at 11:30 a.m, 2. The Cwnbcrland CoWl~' Shcritl's lkpartmcnt s.:nllhc Temporal)" Protection Ol'lkr 3Ild Petition to the Dauphin COWl!}' Shcritfs 1>Cll.ll'tnk:nl3llJ dcpulilc:J th...-mlo set'\\: the defendant The Dauphin COWlI} Sheritfs Departrn\.'nl h.ts nol ~'ll.1b1e to effecl senice of the defendant. 3. The pWnliff reqUCits lhal the Tempor3f} Pr(llc~titm Onler r~-main in effect for one yeM or Wlbl nwdified or Icnnin.tled b}' the court aller notice 3Ild hearing, 4, Certified copies of the Order for CtmtinU3llcc wiD be ddi\'\.n"ll 10 the Middktex :and Silver Spring TO\\nship Police Departments b}" the anorncy lOr the pL1intiO. \\llF.Rf.H>RE. the pbinliO requcm thaI the {'0IJrt grant this "'orion and continue this . Office of the Sheriff Mary Jane Snyder ~leal [stulo Uopuly Ralph G. McAlhster Chif\o' Oopuly Michael W. Rinehart A&Siblant Chief Deputy William T, Tully Sc;licltor Dauphin Count>/ I ~n'li!>burg. PennGylvania 11101 (717) 2557660 J" R. Lotwick Sheriff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SHERIFF'S RETURN No" 1905-T - - -97 OTHER COUNTY NO" 97-4182 AND NOW I August 22, 1997 ORDER FOR CONTINUANCE at llT33AM served the within upon MARSH ALAN R. by personally handing to MARSH ~ R, 1 true attested copylies) of the original ORDER FOR CONTINUANCE and making known to him/her the contents thereof at 156 JOYA CIRCLE HARRISBURG, PI. 00000-0000 Sworn end .ubacrlbed to before.. thl. 26tH day q'f AOOUST, . . .* ~ . .' ....' '..J "... !,j"'\I "' . .',' ,*, \..,.'~' ~ 199'1 j >W.... R:~a. .. PRO'l'HCNO'l'My ',.....-I.-'_~- -.- . Sh.rlff'. Cost,l $0.00 PO 00/00/00 RCPT NO MS/-",