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HomeMy WebLinkAbout97-04183 ~ ~ ~ ~ . - " ..c ~ \J "i a ~ i I I I I I I ! ; BETH LYNN BODENHEIMER, Plaintiff . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYL VANIA v, . NO, 97-4183 CIVIL TERM MICHAEL LEE STINE, Defendant . PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this ~ day of August, 1997, upon consideration of the Consent Agreement of the parties, the following Order is entered. I, The defendant. Michael Lee Stine. is enjoined from physically abusing the plaintiff. Beth Lynn Bodenheimer, or from placing her in fear of abuse. 2, The defendant is enjoined from having any direct or indirect contact with the plaintiff including. but not limited to, telephone and ",riuen communications, except for the limited purpose of facilitating custody arrangements. 3, The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relati\'eS and the minor child. 4 The defendant is prohibited from entering the p1aintift's place of employment. S, The defendant is prohibited from rertIO\ing, damaging, destroying or seI1ing any property owned by the p1aintilT. 6, The defendant is ordmd to stay away from the plaintift's residence located It 6 Carol Lane, Enol&, Cumberland County, Pennsytvania, except for the limited purpose of transfening custody, and is ordered to stay away from any residence the pIaintitT may in the fUture establish for heneIf The defendant shall mnain in his \-ehicle durilllJ transfer of custody. &.~ ~.. 7, The defendant's weapons confiscated through the Temporary Protection Order in this action shall be transferred from the I)my County Sheriff's Department to the Cumberland County SheriIT's Department and shall remain in the custody of the Sheriffs Department for the duration orthis Order, The defendant is prohibited from acquiring or possessing any weapons for the term of the Order, 8, Court costs and fees are waived, 9, This Order shall remain in elTect for a period of one (I) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case, 10, A \iolation 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 ~ 113 I. iii) a charge of indirtCt criminal contempt under 23 Pa,C.S ~114, punishable by imprisonment up to six months and a fine of SIOOOO-SI,OOOOO; and iv) o\il contempt under 23 PaC S ~61141. II. The East Pennsboro Township Police Department shall be pro\ided ~ith a certified copy of this Order by the plaintiffs attorney and may enforce this Order by arrest for indirtCt criminal contempt without warrant upon probable cause that this Order has been violated. whether or not tbe violation is committed in the presence of the police officer In the event that an arrest is made under this section. the defendant shaD be taken without unnecessary delay before the court that issued the order When that court is unavailable. tbe defendant shaD be taken BETH LYNN BODENHEIMER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 97-4183 CIVIL TERM MICHAEL LEE STINE, Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT This Agreement is entered on this ~...- day of August, 1997, by the plaintilT, Beth Lynn Bodenheimer, and the defendant. Michael Lee Stine, 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 , I, The defendant,Michael Lee Stine, agrees to refrain from abusing the plaintiff. Beth Lynn Bodenheimer, 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. except for the limited purpose of facilitating custody arrangements 3, The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives and the minor child, 4, The defendant agrees not to enter the plaintift's place of employment 5, The defendant agrees not to remove., damage., destroy, or sell any property owned by the plaintiff 6 The defendant agrees to stay away from the p1aintift's residence located It 6 CIrOI Lane., EnoJa. Cumberland County, Pennsylvania. ~cept for the limited purpose of transferrins custody, and the defendant agrees to stay away from any residence the plaintiff IIlIy in the fUture establish Ax henelf The defendant will remain in his vehil;le durina transfer of custody 7, The defendant agrees that the weapons conliscated through the Temporary Protection Order and any other weapons that he owns or possesses remain in the custody of the Cumberland County Sherifrs Department for the duration of the Protection Order, and agrees not to acquire or possess any weapons for the teon of the Protection Order, 8, The defendant, although entering into this Agreement, does not admit the allegations made in the Petition, 9, The defendant understands that the Protection Order entered in this matter will be in effect for a period of one ( I) year and can be elttended beyond that time if the Court linds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of hann to the plaintiff The defendant understands that this Order will be enfor;:eable in the same manner as the Court's prior Temporary Protection Order entered in this case, 10. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa,C,S t6IIJ, ii) a private criminal complaint under 23 Pa,C.S ~61IJ,I; iii) a charge ofindirect criminaJ contempt under 2J PaC S ~114, punishable by imprisonment up to silt months and a line ofSIOOOO-SI,OOO,OO; and iv) civil contempt under 23 Pa,CS ~114,I, WHEREFORE, the parties request that a Protection Order be entered to ret1ect the above terms, ~A'" . ,- --.' .1.) .. "./ 2~7f.'l"}1(.'/(::"lJ1 Bc1h Lynn '. Plaintiff ~~~ .. -.J h...- / :' Carey. Attorney ~Plaintiff LEGAL SERVICES. INC. . Irvine Row Carlisle. P A 170 IJ (717) 24).940\} ~-i~ Michael Lee Stine, ~,l,~,-,'1'" ..... - '" - BETH LYNN BODENHEIMER, Plaintiff IN TIlE COURT Of COMMON PLEAS Of . CUMBERLAND COUNTY, PENNSYLVANIA v, . NO, 97-...!5:LLP,~ CIVIL TERM MICHAEL LEE STINE, Defendant . PROTECTION fROM ABUSE TEMPORARY PROTECfION ORDER AND NOW, this '/'~of August, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Beth Lynn Bodenheimer, now residing at 6 Carol Lane, Enola. Cumberland County, Pennsylvania. is in immediate and present danger of abuse from the defendant. Michael Lee Stine, the following Temporary Order is entered, The defendant, Michael Lee Stine, (SSN. 164-64-8370)(ooB. 11/24/66), now residing at 4th Street Extension, Newport, Perry County, Pennsylvania. is hereby enjoined from physically abusing the plaintiff, Beth Lynn Bodenheimer, or from placing her in fear of abuse, The defendant is ordered to stay away from the plaintift's residence located at 6 Carol Lane, Enol&, Cumberland County, Pennsylvania. a residence which is ov.ned by the plaintiff. and is ordered to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody of the parties' child The defendant shall remain in his vehicle at all times during the transfer of custody, 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. except for the limited purpose of facilitating custody arrangements The defendant is enjoined from harassing and sWking the plaintiff and from harassing her relatives The defendant is enjoined t"tom enterin8 the plaintift's place of employment . .-., . ~-".. The defendant is enjoined from removing. damaging, destroying or selling any property owned by the plaintiff A violation of this Order may subjrct the defendant to: I) arrest under ZJ Pa.C.S. f6113; il) a private criminal complaint undu 2J Pa.C.S. *6113.1; Iii) a charge of Indlm:t criminal contempt under ZJ Pa.C.S. *6114, punishable by Imprisonment up to sl:l montbs and a fine ofSI00.00-5I,ooo.00; and Iv) dvil contempt under 2J Pa.C.S. 16114.1. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond ils original expiration date if the Court finds that the defendant has committed an acl of abuse or has engaged in a pattern or practice that indicates risk ofhann to the plaintiff. The defendant Is ordered to mlnqulsb to tbe sherlfl's department any weapons whlcb he owns or possesses, and the defendant Is problbited from uquiring or possessing any weapons for tbe duration of this Order. A HEARING SHALL BE HELD ON THIS MA TIER ON AUGUST I / 1997, AT ,';1; ()(J P .M., IN COURTROOM NO.S, OF THE CUMBERLAND COlJN1Y COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sherill's Department shall attempt to make service at the plaintift's request and without pre-payment of fees. but service may be accomplished under any appIiabIe rule of Civil Procedure This Order shall be docketed in the office of the Prothonotll)' and forwarded to the Sheriff for service The Prothonotll)' shall not send a copy oftbis Order to the defendant by mail The E.ut Pmnsboro To,,11Ship Police Department shall be provided with a celtified copy of this Order by the plaintift's attorney This Order shall be enforced by any law mt"orcement agency wtlere . \ioIation octUn by arrest for indirect criminal contempt "ithoot W&n'1IIt upon BETH LYNN BODENHEIMER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 97. '/ I i '1 CIVIL TERM MICIIAEL LEE STINE, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 13 P..C.S.16101 ft srq. A. ABUSE I, The plaintiff. Beth Lynn Bodenheimer, is an adult individual residing at 6 Carol Lane, Enola. Cumberland County, Pennsylvania 17025. 2, The defendant, Michael Lee Stine. (SSN: 164-64-8370)(ooB 11124/66), is an adult indi\idual residing at 4th Street Extension. Newport. Peny County. Pennsylvania 17074, 3, The defendant is the former Iwsband of the plaintiff and the father of the panies' 3 year-oid daughter, Tessa E. Stine 4. Since approximately 1995, the defendant has attempted to cause and has intentionally, knowingly. or recklessly caused bodily injury to the plaintiff, has plactd her in reasonable fear of imminent serious bodily injury. has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have p1ac:ed her in reuonabIe fear of bodily injury This has inc:luded. but is not limited to, the following spetifIc: instanc:es of abuse a) On or about July 20, 1997. the defendant stood in dose proximity to the plaiatift"s fate and yelled. "What's your lUcking problem"" Farina for her saltty, the pIaiatitf took the panics' }.ytar-o/d cJaushter and werIt 10 her car, Tho defendant t"olloMd the pIIintifl ~ at her, saeamintJ obscenities. and ....Ihe plaintiff got into her car to leave, he opened the passenger side door, leaned into the car, and threw the parties' child's cup at the plaintiff. The plaintiff pleaded with the defendant to let go of the door so she could leave, but he refused. threatened to "break the fucking door", and violently jerked the door back and forth against the hinge several times, The plaintiff honked the horn until the defendant's mother came out to the car and intervened, Although the plaintiff was unable to close the damaged car door, she drove directly to the Pennsylvania State Police barracks in Newport and reported the incident. A trooper had to kick the car door to get it to shut so the plaintiff and her child could drive home safely, Criminal mischief charges were filed against the defendant as a result of this incident. b) On or about June 12, 1997 (Father's Day), the defendant screamed and yelled obseenities at the plaintiff. and threatened to kiD her if she came to pick up their daughter early. The plaintiff contacted the Pennsylvania State Police in Newport who telephoned the defendant and spoke to him about his behavior, c) In or about 19%, during one incident the defendant ripped a necklace off of the pIaintifr s neck and shoved her During another incident the defendant screamed at the plaintiff and spat in her face d) In or about 1995, the defendant threw a plate of food at the p1aintiffhitting her on the anns when she l1ised them to shield her face and head The defendant left the room. returned with a sawed-olf shotgun and Wind it in I ntel1ICinlJ fashion cauaina the plaintiff to fear for her life The plaintiff sustained ~ about her forearms as a mutt of this in<idctIt S The plaintiff believes and thctero.e nm that she is in inlmedYte IIllt pu:.. danger 01.. fivm the dtfendant IIld that she iI in need mprotcdion fivm lIUdI.. 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 wrillen communications. except for the limited purpose of facilitating custody arrangements, 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff. and from harassing her 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 by the plaintiff 10, The plaintiff desires that any weapons the defendant owns or possesses be confiscated by the Sheriffs Depanment and that the defendant be prohibited from acquiring or possessing any weapons for the duration of the Temporary Protection Order IJ, EXCI.USIVE POSSESSION II, The home from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the name of Beth Lynn Bodenheimer. The defendant has resided with his mother at 4th Street Extension, Newport. Perry County. Pennsylvania, since 1995, The defendant shall remain in his vehicle at all times during the transfer of custody C. LOSSES ANt) RElMQURSEl\lENT FOR CO&T Of CASE 12, The plaintiff desires to be reimbursed for losses she has suffered u a result of the abuse by the defendant The losses are listed on Exhibit A allached J) The plaintiff desires that the Court order the defendant to pay S2SO.00 to Cumberland County. one of LepI Senicn. loe 's funding sources. in lieu of attomeys' fees. u reimbunement fur the cost oflitiplina this case and assess a S25,OO surtharJc and court Q)IlS to the defendant if the case goes to hearin!J WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P.S, ~6101 !:t ~" as amended, the plaintiff prays this Honorable Coun to grant the following relief: A, Grant a Temporary Order pursuant to the .Protection ITom Abuse Act:. I, Ordering the defendant to refrain from abusing the plaintiff or ITom placing her in fear of abuse, 2, Ordering the defendant to relTain ITom having any direct or indirect contact with the plaintiff including. but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements, 3, Ordering the defendant to retrain lTom harassing and stalking the plaintiff and from harassing her relatives, 4, Prohibiting the defendant lTom entering the plaintift's place of employment, S Prohibiting the defendant lTom removing. damaging. destroying or selling property owned by the p1aintilT 6 Ordering the defendant to stay away from the plaintift's residence located at 6 Carol Lane. Enola. Cumberland County, PennsyMnia, and ordains the defendant to stay away from any residence the p1aintiff'may in the future establish for herself The defendant shall remain in his vehicle at aD times durina the tnnsfer of custody. 7. On:lerintl the defmdant 10 rdinquish to the sherift's depanmeat any Yo e.poos _hich he owns or pos'lCf~ and prohibitina the defer4w ftom acquIriaj or pos.wuina any other MlIpOM for the duration of the T~ary Pt<ltcaion Order 8, 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. except for the limited purpose of facilitating custody arrangements, 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives 4. Prohibiting the defendant from entering the plaintift's place of employment 5. Prohibiting the defendant from removing. damaging, destroying or selling property owned by the plaintiff 6, Ordering the defendant to stay away from the plaintift's residence located at 6 Carol Lane. Enola, Cumberland County. Pennsylvania, and ordering the defendant to stay away from any residence the p1aintiff may in the future establish for herself The defendant shaJJ remain in his vehide at all times during the transfer of custody. 7. Ordering the defendant to relinquish to the sberift's depanment any weapons which he owns or possesses. and prohibiting the defendant from acquiring or possessing any other weapons for the duration of the Protection Order ,- , , f - f'\" '" -. ~"'<~ ~ - < lU ~~ ~ . '" e' r (. C' .- 't a-- , so ... ?"- ... ~.. ~ e. ~ OJ.,'" -J .... n ,T .',f ~} -, '.1 ) , I .i.- !".1 ",I,rt J "' //- --/- /YP J t'v ~p . ~~A d~, ~~ J1UkL~ .: ~~L '" ~*A'(> a./~"-' J,.vt..4A/ ~ d-~~_~ i~_~4zI-/?I . ; ~ 7 . 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'7<-./ a!-<../'t:/ ~I ptf .. . . ~1'1 'r'r~ ~tk~ \" . ~4(~d~f 7: ' I '04",<a1. t{.,.,fr-u ro.t&ox 7 i A~'7M.l; m / Jo7.t f"tai:- .,'i/ttJ. ~:J 'I ,{ ( A4~Y - _.~,., .....-- _.. ~. . , - , .,... +~ \ Order for destruction of the weapons; a copy of said notice is attached hereto as Exhibit "An, 6. The Defendant has failed to reclaim the weapons. WHEREFORE. you petitioner respectfully requests Your Honorable Court to enter an Order directing the destruction of the above described weapons. Very respectfully submitted, -E~~-- Solicitor 127 West High Street Carlisle, PA 17013 (717)243-9258 ... ~ LINDA K. MCCONNELL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, : 4202 CIVIL 1997 JAY MAX MCCONNELL Defendant ITEM: Connecticut Valley Arms, 50 car, Ser. # 61-13-101501 ORDER AND NOW, this 7th day of February, 2000, upon petition of the Sheriff, the following Order is entered: The Sheriff of Cumberland County having sent notice to reclaim the seized weapon(s) to the above-named defendant via regular and certified mail to the last known address, and the defendant not having responded to the notice by asserting a claim, the Sheriff of Cumberland County is directed to destroy the listed weapon(s) in accordance with law. The Sheriff shall make the appropriate arrangements for the destruction of any ammunition. By the Court, R. Thomas Kline, Sheriff Cumberland County Sheriff'. Department ~a:...I'tl...,t~ /'y ~/lP -. , . . . 6. The Defendant has failed to reclaim the weapons. WHEREFORE, you petitioner respectfully requests Your Honorable Court to enter an Order directing the destruction of the above described weapons, Very respectfully submitted, #~~~~~ Edward L. Schorpp Solicitor 127 West High Street Carlisle, PA 17013 (717)243-9258 "::FrlP"' .. '* CERTIFIED . . Z 3311 755 '11,6 ,...~"l'i"" ".r~ .^lL' 4R,;J......R .<-- If '''''-."'''-- ~......... ;': . O~.."""".: . *f" 2 c,~~~. * ., 0'99 ~'.'H' : 2 98- . ",tr.man - .. :: P8 "'UrR : 11S8334 U,I. POSTAar : . COUNTY OF CUMBERLAND O"lce of The Sheri" ,1 Courthouse Square Carlisle, Pennsylvania 17013 MAIL .i',. j'- " -(.. "'\ .,~ Jay M. McConnell 214 S. Enola Drive Enola, PA 17025 -) ILmV ~ -- '\ ..2 tU l4iiiiIt2;:: -2 U '7 22 J III '" " _11111 11111111 I 1I./..J..J1.1 ,~','"."'.C;;"''''"'''''''''''"<"'n...,"'~,,,, ....~.:,. .. ..w . .. ., , - ..."'''' ....." '..,....;,.,. .." ~..,,,,,",,,,,- -'-.