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HomeMy WebLinkAbout97-04482 Christopher EVlIIIJI, : IN Hill COlJRT OF CoMMON PLEAS 0(1 CtJMIW.RI,AND COlINTY, PENNSYI,V ANlA NO. 97- 4'4112 CIVIL TERM PROTECTION [,ROM i\IHJSE PRO'IH"['[O!'lOlun:R AND NOW, thiJl~_ day of AUgUllt. 1997. upon con~iderRlion of the Consent Agreement PIll!ntU}' Jallke A. Brown, V. Defendant of the pllrtiCJI, the tiJllowing (lrder i~ entered: I. The defendant. Chri~topher Evan~. i~ enjoined from phYJlically abusing the plainrift; Janice A. Brown, or from Illadng her in fear of abuse, 2. The defendant i~ enjoined from having any dire.:1 or indirecl conlacl wilh the plaintiff including. but notlimiled to, telephone and W1illen commwlieations. 3, 'The defendant is ordered to refrain from harassing i1I1d sta1king the plaintiff and from harllSsing the plaintiffs relatives and her minor child, 4, The defendanl is prohibited from entering the plaintifl's plllce of employmenf or the school of her minor child, ~. 'The defendant is prohibited from removing. damaging, destroying or selling any property oMled by the plaintiff. 6. The defendant i., ordered to stay away from the plaintift's residence located at 214 Marion Avenue, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 7, The defendlll1t is ordered to relinquish to the sherill's deparlmentthe following weapons which he owns, possesscJI or has u.,ed or threalencd 10 u.,e against the plaintiff. The A few weelullater, thll ddcndant contacted the plaintiff's mother and told her thaI he and "his two hoys" Me curning ond that if the pl4lntitl' ond her sister, Emma, dUlI't have his c1oUles, he will "take both of them OUI," causing Ihe plaintiff and her sister to leM t'or their lives, e. In or ahoul Febl1llllY 1997, the defendant became angJy, and pulled a gWl poinling il in her lace and threatening 10 "pistol whip her" callHing hcl' Iu leM till' her lifi:, d. In or aboul July 1996, when the plaintitJ relUmed home, she t'oWld hcl' front door and screen door wide open, and she was lold that the defendant randomly shot a gWl inlo a neighborhuod pm al the end of her block where people wen:: gathered callHing the plaintiff to fear lor her safely, Criminal charges are pending as a resull of this incident. S, The plaintiff belkves and therefore avcl'1l thaI she is in immediate and presenl danger of ablL'lC from the defendant and thaI she is in need of prolection from such abuse. 6. 'l1te plaintiff desires that the defendant he prohibited from having any direct or indirect eontael with the plaintitl including. hut not limited to, telephone and wrilten communications, 7. The plaintill desires that the dcf~'J\dant be enjoined from harassing and ataJkina the plaintiff, and from harassing the plaintitl's relatives, or her minor child. B. The plalnliff desires thattbe defendant be restrained from entering her place of employment or the school of the minor child. 9. The plalnliff desires thai the defendanl be el\lolned from removing. damoging, destroying or IClllng any property owned solely by the plaintiff. 10. 'Ibe plaintiff desires thai any weapon.s the detendanl owns, p08lCllles, and hllllllCd or threatened 10 uae again.sllhe plaintiff be confiacaled by th.: Sheriffs D.:partmenl. B. EXCLUSIVE POSSESSION 11, 'lbe home which the plaintifl'is lISking the Court 10 order the defendanllO stay away from is nol owned or n:nl.:d in the defendanl's nartl':. 12. 'lbe defendanl is clIITenlty incarceral.:d in Cumberlmd County Prison, CarIlale, Pennsylvania. C. REIMBURSEMENT FOR COST OF C~ 13. The plaintiff asks thai the defendanl b.: ordered 10 pay S2S0.00 10 reimbW'8e (>~. of Lega1 Services, !ne.'s funding lIOurces for the cosl of litigating this ClllC. WHEREFORE, punuanllO the provisiol1ll of the "Prolection from Abuse Acl" of October 7, 1976,23 Pa.C.S. ~ 6101 ~I ~., 811 amended, the plaintiff prays this lIonorable Court 10 grant the foUowing relief: A. Granl a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant 10 refrain from abusing the plaintiff or placing her in fear of abuae. 2. Ordering the defendlll1lto I'llfrwn from having any direct or indirect contact with the plaintilf including. but not limited to, telephone and written communications, 3. Ordering the defendl1nllo refrain from hBr/lllll1ng and stalking the plaintiff and from haralllling lhe plaintiffs relatives and her minor child. 4. Prohibiting the defendlll1t from entering the pJaintift's place of employment or the school of the minor child. S. Prohibiting the defendl1ntlrom removing, damaging, destroying or !!CUing property owned soldy by the plainti1f. 6. Ordering the defendl1ntlo silly away from the p1ainti11's J'Csidence located at 214 Marion Avenue, Carlisle, Cumberland County, PcnJ1ljylvania, and any other residence the plaintiff may establish, 7. Ordering the defendlll1tlo relinquish to the sheriffs departmentllllY weapons which he owns. poSSCSllCS or has used or threatened to use against the plaintitl; and prohibiting the defendanthfrom acquiring or p08ll~ssing any other weapons till' the duration of the order. B. Schedule a hearing in accordance with the provisions of the "Protection from AbU8e Act,. and, after such hearing, enler an ordtr to be in effect for a period of one yell: 'I 'I " " I, , " I , , " , , , ' Il " I, t t ~ , , " " " Ii , I ... ~ ~ "" . .... .I) ~ ~ ,', >.,' \' ;1'