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Home My WebLink About97-04733 ~ - - c.J cJ ~ . t' ()-o ~ , I 'I' , , " ' " ,!I I' ';11,"'1,,1, "'1 " , , , '-)1 1/; I' I, 'i' ,"~I , I, " )" ,lit, 'I , /'j " , " " , " " I' I(I,r.-i'l , I' " I, , 1'1 I , " " I, .ii(" II , I, , I, I)', I 'I' Iii " I , , , , " , ,I , " I " , I' " .' , " I , " I'll' , , I I, , , 'I , , , , , ',' " ,I , , " " " " I 'Ii , "i I ,I_t 'I " I,' : " , , , , ., " , , , " ,. PI j , , , '1 1'/ , I iI', 1" " " , \1; I' " ',' .' .' " , " , I I "It I'" ,)) II, ",11 'ii" , , I,ll " "I , Ii!, :/ ,I .i, 11'1 , '! I"it ., , ,. I,ll j: " , " " II:' , "I " ., I" I,'" " ,I', " I ." It I, , " , , , ," " 'I 'I , '" I, " " 'II ,J " , , " "I'> ,I H, ,\, , '. '" , 'I .,fF, ,I" ., I' ,I It'; , " ., "~I " ;1 "i , , ' , , " q fl '" ., I ii, I." " 'I,I i 'I " '" " ., ',I', , " .... " , 'I, ,1'1')1 ,., ,., , I' ',; " " ,,' 'I " , , '. ., " 'JI '1\ " " " " " , " " " ' , " , " ",,' "", ';') , ' ,,' ,'; \Ii ,.J,I .,. 'I,' " ',1 ,\ 'I 1',_J ".-1 ,'; d .i' I " 'I \ , , , i"'/ \' ;/ ". , " , , ,.' , , 1\' "I , '1, i' ,I " .,'1 " '., ,. ii' 'I , ",. " " ' , , " " , I '.' " " , ., , " , " .' P 1 9 1997 "I;rI'!1 BARBARA ANN McCLINTOCK. Plalntiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO, 97-4733 CIVIL TERM DAVID DANIEL LAUVER, Defendant PROTECTION FROM ABUSE PROTECTIOKQ.R.DER AND NOW. this JL~ay of September, 1997. upon consideration of the Consent Agreement of the parties, the following Order is entered: \ \ I. The defendant. David Daniel Lauver. is enjoined Irom physically abusing the plaintiff. Barbara Ann McClintock. or from placing her in fear of abuse, II 2, The defendant is ordered to refrain from harassing and st~king the plalntiff and from harassing her relatives, 3, The defendant is prohibited from entering the plalntiffs place of employment, 4, The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plalntiff or jointly owned by the parties, s. The defendant is excluded from lhe plaintiffs residence located at 207 Frytown Road. Cumberland County, PeMsylvania. and is ordered to stay away from any residence the plaintiff may in the future establish tor herself 6, Court costs and fees are waived, 7, This Order shall remain in effect 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, BARBARA ANN McCLINTOCK. ')Ialnti'l" IN TIlE COURT OF COMMON PLEAS OF CUMBElU.AI"l> COUNTY. I)ENNSYI.V ANIA v. NO 97- 413'~ . CIVIL TERM DAVID DANIEL LAUVER. Defendant PROTECTION FROM ABlJSE ARV PROTECTION ORDER AND NOW, this of Septcmber, 1997, upon presenlation and consideration of the within Petilion. and upon finding that the plaintitl: Barbara Ann McClilllock. now residing at 207 Fry town Road. Carlisle. Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, David DaniclLauvcr, the I(Jllowing Temporary Order is entered. The defendant. David Daniel Lauver. (SSN 19<>-4<>..1940j(DOB 6/05/55). now residing at 100 Fern Avenue. Carlisle. Cumberland County. Pennsylvania, is hereby enjoined from physically abusing the plaintill: Barbara Ann McClintock. or from placing her in fear of abuse, The defendant is excluded Irom the plaintill's residence located at 207 Fry town Road, Carlisle, Cumberland County. Pennsylvania. a residence which is jointly owned by the parties. and is ordered to stay away Irom any residence the plaintill" may in the linure establish lor herself The defendallt is ordered to refrain Irom having any direct or indirect contact with the plaintiff including, but not limited to. telephone and written communications. The defendant is enjoined from harassing and stalking the plaintill" and Irom harassing her relatives. The defendant is enjoined Irom entering the plaintill's place of employment The defendant is enjoined from removing. damaging, destroying or selling any property owned jointly by the parties or owned by the plaintill' A violation of thi. Order may suhje(t the defendant to: I) arrest under 23 Pa.C.S. g6113; ii) a private (riminal (omplaint under 23 Pa.C.S. A6113.1; Iii) a (harge of Indlre(t trlmlnal tontrmpt undrr 2J PH.es. 86114, punllhHblr by Imprllonmrnt up to III monthl and a nne or5100.00-SI,OOO.OOI Hnd 'vI dvll tontrlllpt under 2J PH.es. 86114.1. Resumption of co-residence on the part of the plaintll!' and delcl1llanl shall not nullity the provisions of the court order This Order shall remain in etlcct until modified or terminated by the Court and can be extended beyond its original expimtion date if the ('ourt finds that the delcndant has commilled an act of abuse or has engaged in a Ilallern or prnctice that indicates risk ofharm to the plalntitl'. A IU:ARINC; SIIAU. Oi: \lnl) ON TillS MATn:R ON SEPn:MOi:R.LL, 1997, AT If):., iJ fr.M.. IN COlJRTROOM NO. 3-. m' TIlE ClJMDERJ,AND COUNTY COURTHOlJSE. CARUSLF.. PF.NNSYLV ANIA. The plaintitl'may proceed without pre-payment of tces pending a further order after lhe hearing. The Cumberland County Sherin's Department shall allempt to make service at the plaintiffs request and without pre-payment of fees. bUI service may be accomplished under any applicable rule of Civil Procedure This Order shall be docketed in the olliee of the Prothonotary and forwarded 10 the Sheriff for service, The Prothonolary shall not send a copy of this Order 10 the detcndant by mail. The Pennsylvania State Police and the North Middleton Township Police Department shall be provided with certified copies of this Order by the plaintill's allomey. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause thaI this Order has been violated, whether or nOl Ihe violation is commilled in Ihe presence of the police oll1cer In the eventlhat 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 unavailable. the detcndant shall be taken before the the wall wilh one of the ctlllirs The plaintitl' got away trom the de"mdant and ran out of the residence to her car When she got to her car the delimdanl was standing with his Ihot llgainst the driver's door llnd told the plaintilr thllt she was not going anywhere. llnd IiJrlher threatened her saying. "If you leave. you'lI be dead,", and "I'll hurt you; I'll kill you" As the defendant grabbed the plaintill's shoes Irom her and threw Ihem in the yard. she jumped intn the car IUld locked the doors, The delendant pounded on the windows with his lists llnd threlltened to break the windows. lie then picked up a cinder hlock, raised it over his helld. and threatened 10 break the windshield with it. When the plllintill'hacked the car away, the detimdantthrew the cinder block at the driver's side of Ihe car hitting ti,e tire and hubcap The plaintitl'drove to II telephone booth IlIld clllled the Pennsylvania State Police thr help llnd was direcled to go 10 the Stale Police Bllrracks to file a complaint on the incident. which she did, b) On or about August 10, 1997, the delendant spat in the plaintiff's face, pushed and shoved her llbout. yelled and screamed at her, and threatened 10 kill her and then himself c) In or about the end of July 1997, the detendant threw a full can of beer at the plaintift' hitting her on her side. The plaintill'sustained soreness about her ribs as a result of this incident. d) In or about late July 1997, the defendant flung the soda trom a glass on the plaintitl; relilled the glass with soda. and poured the soda into her shoes. e) In or about mid-July 1997. the delendant poured beer on the plaintiff's head as she sat in a chair. t) On or about May 30, 1997. the delendant kicked and yelled at the plaintiff's dog. who was partially sedated and recovering from cancer surgery. becau!le the dog did not get up quickly enough to satisfy the delendunt When the plalntilf protested the dclendant's treallllentof the dog, he wlllked toward her In u menucing lilshion with his list ntised. threlltened her suying, "1'11I going to shut you up; I'm going to rip your throUlout so you'll never tulk aguin''', und spat in her face, The plaintitl'teared 11)1' her safety g) In or about Marcil 1997. as the plaintifrwas recovering Irom an infection in her brellst area aner a mllstectomy, the defendant sput in her face, and struck her with his hand on the shoulder above the breast causing her pain and soreness. 5, The plaintilf believes lInd therc!llre avers that she is in immediate and present danger of abuse Irom the delendanl should she relllain in the home without the delendant's exclusion and that she is in need of protection frolll such abuse 6. The plaintilf desires that the defendant be prohibited from having any direct or indirect contact with the plainti,r including. but not limited to. telephone and wollen communications. 7, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives 8, The plaintllf desires that the defendant be restrained trom entering her place of employment 9. The plaintitT desires that the delendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. ,. [)XCl.USIVE POSSESSION 10. The mobile home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of the parties. Barbara Ann McClintock and David Daniel , - Lauver The delimdanllel\ the residence on Augusl Ill. 1997, and hilS l:ccn resldlnllnl his siSler's home since Ihlll lime II. Inlhe IIhel'llllllvc, the pllllntitl'deKlreK tlnlllhe {'ourt order Ihe delimdnnllo provide suilllble nhemllle houKlng ti,r hcr c. IU:IMDlIRS.:M.:NT .'Ol!.i:Q,';T 01' CAS.: 12. The plalntll1' dCKires that the ('ourt order the detendant 10 pay $250.00 10 Cumberlnnd County, one of I.eglll Services, Ine 's lilllding KOLlreeS, in lieu of 1I11orneys' lees, as reimbursement li)r the cost of litigllting this case IInd IIssess II $25 00 surchllrge and coun costs 10 the detendllnt if the case goes to hearing WIlEREFORE, pursuant to the provisions of the "Protectionlhllll Abuse Act" of October 7, 1976,23 P.S. ~()IOI cl ~~Q, as amended, the plailllitl'prays this Honorable Court 10 grant the following relief: A. Granla Temporary Order pursualllto the "Protection Irom Abuse Ac!:" I. Ordering the detendant to relrain Irom abusing the plaintiff or from placing her in fear of abuse 2 Ordering the delendantto retrain Irom having any direct or indirecl contact with the plaintit1' including, but not limited to, telephone and wrillen communications 3. Ordering the defendant to relrain Irom harassing and stalking Ihe plaintill'and Irom harassing her relatives. 4. Prohibiting the defendant Irom entering the plaintill's place of employment. 5, Prohibiting the defendant Irom removing. damaging. destroying or selling property jointly owned by the parties or owned by the plaintiff. 6, Grallting posseKsion of the mobile home located lit 207 Fry town Road. Carlisle, ('ulllberhmd County. Pennsylvania, to the plalntitl'to the exclusion of the delcndant, and ordering the delcndant to Slay away from any residence the p!llllllilr Illay establish for herself pending a IInal order in this Illllller 0, Schedule a hearing in IIccordance with the provisions of the "Protection from Abuse ACI," and, aner such hearing, enter IIn order to be in cllcctlor a period of one year: I. Ordering the defendant to refrain Irom abusing the plaintilr or Irom placing her in fear of abuse 2, Ordering the defendant to refrain from having any direct or indirect contact with the plainlitl' including, but not limited to, telephone and wril\en communications. 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and Irom harassing her relatives. 4, Prohibiting the defendant from entering the plaintill's place of employment. S, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6, Granting possession of the mobile home located at 207 Fry town Road, Carlisle, Cumberland County, Pennsylvania, to the plaintiff 10 the exclusion of the defendant or, in the alternative, ordering the delcmdant to provide suitable alternate housing for the plaintiff. 7, Ordering the defendant to stay away from any residence the plaintiff may establish for herself ,I " '1 " " " " 14: () oJ;) w ,- ,.) ;1'. ~, '.. IJ1 ... U) "J , . '- 8 , i,:"1 ,<C0 I ,'] 1'.1 ~I";' ,'t> ~ ~~~ : r.') r. "J ," 'I \) ,. 't " .. /r 6' ., -. , I -; .- ~'l '1 .... " ~ BARBARA ANN McCl.INTOCK. Plaint Ill' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97.4733 CIVIL TERM DAVID DANIEL LAUVEI~, Delimdant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaint Ill: Barbara Ann McClintock. by and through hcr attorncy, Joan Carey 01' Legal Services, Inc., moves the ('oun till' IIn Ordcr continuing gcncrnlly the hearing In the above. caplioned case on the grounds that I. A Temporary Protection Ordcr was issucd by this Coun on September 2, 1997, scheduling a hearing 1'01' Thursday, September II. 1997. at 10:30 a.m. 2. The Cumberland County Sherill's Depanment served the defendant with a certified copy ol'the Temporary Protection Order and Petition 1'01' Protection Order on September 3. 1997, at 9:20 a,m, at his place of employment, Eagle Rock Foot Wear, 1217 Ritner Highway, Carlisle, Pennsylvania. . 3. The parties agree that the hearing be continued generally pending further Order of Coun to facilitate negotiation 01' a Consent Agreement in in this matter. 4, The plaintiff requests that the Temporary Protection Order remain in effect for a period of one year or until further Order ol'Court, 5, Certified copies of the Order for Continuance will be delivered to the Pennsylvania State and the North Middleton Township Police Depanment by the attorney for the plaintiff. WHEREFORE. the plaintiff requests that the Court grant this Motion and continue this matter generally. and that the Temporary Protection Order remain in effect for a period of one " ,j , , I' I , , I 'I F ~"l " .. -1/ I, I' , " ~:t , I :.~ \, 1 , " , ,I' '--I (:) " '0'\ " . j '11 I; :lJ l.~? . :..1 "'.' . ~i~ ,"I :rri ", I"'" ; '~ I .,'1. ,It :-=" ~.-' BARBARA ANN M~INTOCK. Plainlill' IN HIE COURT OF COMMON Pl.EAS OF CUMBERLAND COUNTY.IIENNSYLVANIA v, NO. 97-. --1-7.33- . CIVIl. TERM DAVID DANIEl.l.AUVER, Ddendant PROTECTION FROM ABlISE CONSENT AGREEMENT This Agreement is entered on Ihis/..,J"ttay of September, 1997, by the plainlill: Barbara Ann McClinlock, and the detendant, David Daniel Lauver The plaintin" 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 tollowing may be entered as an Order of Court I, The detendant, David Daniel l.auver, agrees to retrain Irom abusing the plaintiff, Barbara Ann McClintock, or from placing her in tear of abusc. 2, The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintitl's relatives. 3. The defendant agrecs not to enter the plaintin's place of employment 4, The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the panies. 5, The defendant agrees to stay away from the plaintitl's residence located at 207 Frytown Road, Carlisle, Cumberland County, Pcnnsylvania, and the defendant agrees to stay away from any residence the plaintiff may in the future establish for herself 6, The defendant. although entering into this Agreement, does not admit the allegations made in the Petition. 7, The defendant understands thai the Protection Order entered in this matter will be in effect 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 I ',II " " .::\ r. ' ' t ~ '" >' ~~ ~~ ' , , , 'I t".) F, r."I'll/.1 :".1 ,., L! . '/ - ~ ".r ' ';'1 ' r ';.:l ~-.. 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