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Home My WebLink About97-04455 i ~ i ! :--. .. ." rot 'W i I ~) ~, to:.i (). ~ / ; 7 The cnurl ('Il" , S lIrld rpt." Hrt.:' Wi! iV('II. R. This Ord,'! shall l'l'mil;1I ill ,'ff,'et fnr a perind nf one Y"/H or unt i I IT'"di fied Ill' termirlilt''ll hy t/ll' ('our\. The Order call be extended hcyond its original expiration ,Iall' if 1h,' rourt rinds lIlIit the def,'nllant has cllmmitted anoth,'r act of ahusc or has engaged in a paltern or prlleri,',' thllt jrlllicates cllntinue,1 risk of harm to the I'lllint i rr. q. A violation of this Order milY subject the defendant to: i) arrest under 21 l'a.r.5. gfi111: iil a private criminal complaint under 23 Pa.C.5. ~fill].I: i ii' a charge of indirect criminal contempt under 21 Pa.C.S. ~fiI14. punishllhle hy imprisonment up to six months and a fin" nf SI00.00-SI.000.00: and ivl civil conlempt under 21 Pa.C.S. ~fiI14.1. Resumption of co-residence on the part of the plaintiff and defendant shall not null ify the pr(wisinns of Ihl' l'lltlrt ord,'r. 10. The Pennsylvania Stall' I'oli(',', M,','hanic,hurg, and Hampden Town,h;p I'oli,,' Ill-pllrtment, shllll h,' provi,led with certifie,l nlp;,'s of this Order hy lh,' plaintiff's attorney IInd may enforce this Or,h'r h) ...........t for in,Iirt'ct .riminal ('''ntelllpt without "",,rrant upon "rohahl,. ,'/lUSt' Ihat thi<< Order hAS heen violated. ..h,.t/wI ,ll not the \ iolllt ion i.. (o_itt..,1 in the pre,,'nce ,'f i\ pol i.e "frh,,'r. In Ihe ..vent that /In i1fre...t is m.lde unller this '\',I,on. Ih.. ,\t'f..n.!.".' ..11,1" h,- laLt'n ..jth"'ll UIlne"t'",.I\IY ,It'I"y h,.r,,", I'''' . '''If I thell 1",.u~,1 the ""leI. lI'!wn 5. The ,Iefendant agrees nol tn remOVe. dllmagc, destroy, or sell any property owne,1 hy the plaint i ff or jointly' owned hy 1he parties, except hy legal action or written agreement of the parties. 6. The defendant IIgrees to stflY awny from the plaint iff's current residence and any other residence the plaintiff may establ ish. 7. The defendant. although entering into this Agreement, does not admit the allegations n~de in the Petition. 8. The defendant understands that the Protectiun Order entered in this matter will he in effect fur a period of one year and can be extended beyond it original expiration date if the Court finds that tht' defendant bit', (ommittt'lI another Il(.t of abuse or has engaged in II pattern or practice that indicatt's continued risk of harm to the plaintiff. The defendant understands that this Ordt'r will he enfOlet'ahle in the "'"mt' manner as the ('ourt 's prior Tempnr..r~' Prntect iun order ent..,ed in this case. 9. 'iioht jlln Hf tilt, Protect ion flrder ""'~. subject the defendant Ill: II .\t....st under n 1"...1'.1'. 5hlll: i i I It private criminal complaint undt'r H r".r,s. )111 L1. I: iiil a dtltrllt' of indirect ~rimindl cnntempt under 11 P..I'.5, 5611', runishAhl~ hy i~pri'onment up tn -I, oo.nth. Mnd _ rin. of ,'on.nn~$l,oDn,no: ~nd iv! civil vnnt..pt under ~l PM.I'.S. Ih1t. I, l~-l "tIo'-....l. ( "./ a '/4,) .\ l' Daxa A. Patel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERI.AND COUNTY, PENNSYLVANIA NO, 97-4455 CIVIL TERM v, Anil K. Patel, Defendant PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this Z~' day of August, 1997, upon consideration of the attached Motion for continuance, the matter scheduled for hearing on August 25, 1997 at 11:00 a.m. in Courtroom No.4, by this Court's Order of August 15, 1997, is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. 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. certified copies of this Order for Continuance will be provided to the Pennsylvania State, Mechanic.burg, and Hampden Town.hip Police Department. by the plaintiff'. attorney. By t~~~ourt, / -/~L./l#- ~evin A, H.... Judge J~n Carey Attorney for Pl.intiff r..ily Law Clinic for Defendant Scott cottel . teqal Int.rn ~. M, 'lece . Attorn.y at .. Law D8X8 A. Pate I, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-4455 CIVIL TERM PROTECTION FROM ABUSE Plaintiff v. Ani 1 K. Patel, Defendant NOTION YOR CONTINUANCE The plaintiff; Daxa A. Patel, hy the through her attorney. Joan Carey of Legal Services, Inc., moves the Court for an Order continuing generally the hearing in the ahove-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on August 15. 1997, schedul in\! a hearing for August 25, 1997, ftt 11:00 a.m. in Courtroom No.4. 2. The Cumberland County Sheriff's Department sent the Temporary Protection Order and Petition to the Dauphin County Sheriff's Department and deputized them to serve the defendant. l. The Dauphin cuunty Sheriff's Department served the defendant with 8 certified copy of the Temporary Protection Order and Petition for Protection Order on ~ugust 20, 1997, at approximately 1:4) p.m. at 222 Vine Street, Harrisbur,. Prnnsylvania. 4. The defendant has retained s~ott Gottel, certified Jr,al intern, and Tholllil" M. Place. superv!sin. attorney of the Fa_il)' taw ("I Inle III h'pre....nl him ill thte' lIatter. ~. The part les by ,,"d throUllh thdr coun"ll'l ".ree that the hearlna be jlellersl\}' cunllnlled 10 "renr,l the. tiM tu tr)' to reach a" ,,_.\~h1e "'fe~1IIle"I, to, telcphonc and written communications. The dcfcndant is cnjoincd rrom harassing and stalking the plaintiff and from harassing the plaintiff's relatives. Thc defendant is enjoincd from cntering the plaintiff's place of employment. The defendant is enjoincd from removing, damaging, destroying or selling any property owned jointly by the parties or 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 imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) 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. 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 hearinll shall be held on this matter on the ,;.;;;r,,~ day or AUllust, Iqq~, at!/...(l.:_~..., in .nurtroom NO...'1_, eu.berland County Courthouse, Carlisle. Pennsylvania. The p111int i rr m.y prol.'eetl wi thout pre-I'ay.ent of hes pendin, a further order after the heurin,. a. On or about August II, 1997. the defendant became angry, pushed the plaintiff, and hit her on the side of her head causing pain. b. On or about August 10, 1997, the defendant grabbed the plaintiff by the neck, squeezed her throat with his hand, and banged her head against the floor approximately three times causing soreness, pain, and a headache. c. Since 1993, several times during the week and every weekend, the defendant has grabbed and slapped the plaintiff. hit her on the head, kicked her, pushed her against the wall, shoved her causing her to fall, pulled her hair, and held his hand over her mouth so that she could not scream for help. On several occasions, the defendant has threatened to kill the plaintiff and has threatened to set her on fire as he held an unlit match in front of her face causing her to fear for her life. 6. On or about August 11, 1997, the plaintiff left her residence at 222 Vine Street, Harrisburg, Oauphin 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 II in need of protection from such abuse. 8. The plaintiff desires that the defendant be prOhibited 2 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. II. 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, D,L_Hx.CI,USrn POSSESS ION 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 name of the owners of the home because the names will disclose her whereabouts which must be kept confidential for her protection. The plaintiff is not seekin. the eviction of the defendant from his residence. 14. The defendant has his own residence located at 222 Vine Street. Harrisburg, Pennsylvania. C._.WDl1IUMEIrr...mJLJ:2U"Of... ,.tAU IS. The plaintiff ash that th. defendant be ordered to 1'&)' $250.00 to rel.burse on~ of LeMal Services, Inc. 's fund in. sources for the cost of 1itilatinl this case. .l WHEREFORE, pursuant to thc provisions of thc "Protcction from Abuse Act" of October 7, 1976, 2.1 P/l.C.S. ~ 6101 ~_t~., 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 defcndant 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. J. 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. 5. Prohibiting the defendant from removing, damaging, destroying or sellin. property jointly owned by the parties or owned solely by the plaintirr. 6. Ordering the defendant to stay away fro. the plaintiff's current residence and any other residence the plaintiff may establish. .. 8. Schedule n 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 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. J. 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. 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 froN the plaintiff's current residence and any other residence the plaintiff may establish. " Ordering the defendant to pay $250.00 to reimburse one of le,al Services. 1nc.'s fundina 5 (") .0 () C'. ....J It -.1'''' 'P ~ u:~~ ~-= .\;] :,.' ~ .. '-' ."A'. - t~~ "^~~ ..' .' ~'. . (J, ~,..' .' ->'t 'l!~ , .. ,~( ; ,A~~ :a :..{ , j ..., ~ '. ,-;. ~' ~ .. ;... li:"'i (:;,\ ~ ,\, r - """1" .$:, -.l - '.$', " ~ ~ )<. ..... .- --""...~",."".- - """'''h-