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'" ': home wilhoul her knawledge. grabbed her ITom behind, and as she foughl 10 free herself and called him by his name. Ihe defendanl yelled thaI he haled her and lhal she had ruined his lile because now everyone thinks Ihal he is a "woman bealer." The plainlilf grabbed the lelephone. bul Ihe delendanl knocked it oul of her hand, grabbed her, threw her about. and threw her again$tlhe kitchen table When Ihe plaintiff lried 10 run from him. the defendanl grabbed her. and dragged her inlO Ihe bedroom. called her a bitch, said thaI he haled her. and Ihrew her 01110 the bed. IIipped her over face- down on the bed. held her down on the bed with his knee in her back. held her hands behind her back. and pulled oil' her nightshirt and underwear Grabbing the plainliff by her shoulders. Ihe defendant Ilipped her onto her ba;:k. held her hands above her head, pinned her 10 the bed by straddling her with his knees on her shoulders. look rope thaI he had broughl with him and lied her hands to the bedposts. and laped her mouth wilh duct tape. causing her 10 have difficulty breathing. The delendant lold the plaintiff lhat he wanled to 1<<1 her one more time and raped her repeatedly. When the dellmdanl gOI up. he yelled that he haled her. called her a bitch. and threatened her saying that he was not going to let her ruin his career The delendant lell the plaintiff's wrists lied 10 lhe bedposts. taped her mouth. her legs bound. and the bedroom door locked The plainliffremained in this position until approximately 9.30 a.m. when the Lower Allen Township Police broke in the bedroom door aileI' being alerted by her mend who feared lhat something had happened to her when she did not answer the door The plainliff was taken by ambulance to Uarrisburg Hospital and Ireated lor injuries she suffered as a result of this incident. The delimdant was arrested and charged with burglary. criminal trespass. simple assault, rape. tillse imprisonment. and harassment and stalking. The defendant was taken to Cumberland ('ounty Prison and released after posting $50.000.00 bail. A preliminary hearing is schl'lluled on DI.'Cember II. 1997. at200 pm. betore District Justice Clement. The plaintiff' tiled a Petition tllr Protection Order and a Temporary Protection Order was entered on September II, 1997 (see Exhibit B. attached hereto and incorporated by reterence) The plaintit!' withdrew the action October 10. 1997 (see Exhibit C'. attached hereto and incorporated by reterence) Legal Services. Inc. staff mailed a letter to the detendant's ~ttomey. James A McAneny, on October 14. 1997. advising that the plaintitl. wanted no fltrther contact with the defendant and that he would be considered a detianttrespasser if he came to her residence again (see Exhibit D. attached hereto and incorporated by reference) 5. The plaintit!'believes and theretore avers that she is in immediate and present danger of abuse from the deteooant and that she is in need of protection trom such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintitl'including. but not limited to. telephone and written communications, 7. The plaintiff desires that the detimdant be enjoined from harassing and stalking the plaintitf, 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 delendant be enjoined from removing. damaging. destroying or selling any property owned by the plaintill' 10. The plaintill'desires that any weapons that the defendant owns or possesses (handguns, rilles, and/or shotguns) be confiscated by the sheritfs department and that the defendant be prohibited from acquiring or possessing any weapons tor the duration of the Temporary Protection Order. B. EXCUISIVE POSSESSION II. The residence from which the plaintilf is asking the Court to order the delendant to stay away from is owned in the name of the plaintitl' The defendant maintains his own residence at 622 Barrington Court, Palmyra, l.ebanon County. Pennsylvania. Co LOSSES AND REIMBURSEMENT f'ORCOSTOFCASF. 12. The plaintill' has sullered losses as a result of the abuse by the defendant The losses are listed on Exhibit A attached 13. The plaintiff desires lhatthe Court order the defendant to pay $25000 to Cumberland County. one of Legal Ser.;ces, Inc's funding sources, in lieu of attorneys' fees, as reimbursement lor the cost oflitigating this case and assess a $2500 surcharge and court costs to the defendant if the case goes to hearing WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7. 1976, 23 P S ~61 0 1 ~ KQ. as amended, the plaintiff prays this Honorable Court to grant the tollowing relief A: Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in lear of abuse 2. Ordering the defendant to retrain from having any direct or indirect contact with the plainlilt' including, but not limited to, telephone and written communications 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting the delendant from entering the plaintitl's place of employment. S. Prohibiting the detendant from removing. danlaging. destroying or selling property owned by the plaintiff 6. Ordering the defendant to relinquish to the sheriff s depanment any weapons which he owns or possesses (handguns. rifles and/or shotguns), and prohibiting the detendant from acquiring or possessing any weapons for the duration of the Temporary Protection Order. 7, Ordering the detlmdant to stay away from the plaintiffs residence located at I Creek Road. Camp Uill, Cumberland County. Pennsylvania, and ordering the defendant to stay away from any residence the plaintitT may in the future establish for herself B. 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 tor a period of one year: I. Ordering the detimdant to retrain from abusing the plaintiff or from placing her in fear of abuse. 2 Ordering the detendant to refrain from having any direct or indirect contact with the plaintiff' including, but not limited to, telephone and written communications 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives 4. Prohibiting the detendant from entering the plaintiffs place of employment. S, Prohibiting the defendant from remo..ing, damaging. destroying or selling property owned by the plaintiff 6. Ordering the defendant to stay away from the plaintiffs residence located at 1 Creek Road, Camp Hill. Cumberland County. Pennsylvania. and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself 7. Ordering the detendant to relinquish to the sheriff s department any weapons which he owns or possesses (handguns, ritles and/of shotguns), and prohibiting the detendant from acquiring or possessing any weapons for the duration of the Protection Order A viola lion of this Onler may subject the defendant to: I) arrest under 13 Pa.C.S. 16113; iI) a private criminal complaint under 13 Pa.C.S. 16113.1; Iii) a cha...e of indirect criminal cOiltempt under 13 P..C.S. 16114. punishable by imprisonment up to sill months and a fine of 5100.00-51,000,00; and Iv) civil cantemllt under 13 Pa.C.S.16114.1. This Order shall remain in effect until modified or tenninated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattem or practice that indicates risk ofhann to the plaintiff. A HEARING SHALL BE HELD ON THIS MATIER ON SEPTEMBERdJ~~997, AT ID '.00 A.M., IN COURTROOM NO. L OF 11IE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheril1's Department shall attempt to make service at the plaintil1's request and without pre-payment of fees. but service may be accomplished under any applicable rule of Civil Procedure, This Order shall be dockete4 in the office of the Prothonotary and forwarded to the Sheriff for ~ervice. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Lower Allen Township Police Department shall be provided with a certified copy of this Order by the plaint ill's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable calise that this Order ha~ been violated, whether or not the violation is committed in the presence of the police officer. In the event that 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 Township Police Department for help and told them that she feared thaI the defendant had broken into her home again. The defendant had broken into the plaintiffs home previously (see sub-paragraph (e). The defendant, who is a trooper with the Pennsylvania State Police assigned to the Governor and Ll. Governor's personal detail at the Governor's Mansion in Harrisburg, is in the Anny Reserves, and was a wrestler in high school, has told the plaintiff that his character as a good Christian and his position of authority as a PeMsylvania State Trooper with the Governor's detail makes him a very credible person. b) On or about August 29, 1997, the plaintiff's friends saw the defendant sitting in his vehicle in front of the plaintiff's home while the plaintiff was inside the house. When the defendant saw the plaintiff's friends, he 5ped off in his vehicle. c) In or about late August 28 1997, the defendant left a message on the plaintiff's answering service saying, "Don't be surprised if you have a surprise trick-or-treater at 21:15 (9: 15 p.m.)." The plaintiff feared for her safety. d) In or about late August 1997, over a three-day period the defendant repeatedly telephoned the plaintiff's home, sometimes calling and hanging up as many as 50 times in a day. e) On or about May 17-18, 1997, the defendant broke into the plaintiff's by crawling in a window unbeknownst to the plaintiff. who was in the bathroom. The defendant entered the bathroom and pulled the shower curtain open while she was in the tub refusing causing the plaintiff to fear for her safety. When the plaintiff tried to get out of the bathroom. the defendant shoved her head down to the floor between the toilet and tub When the plaintiff got oul of the bathroom. the defendant followed her through the house, repeatedly grabbed her about her arms and body, restrained her in police and military-\tyle holds, hugged her, and stroked her hair saying, "Isn't this nice?" "This is the way it should be." The plaintiff tried several times to get out of the house. but the defendant grabbed her about her body, and pulled her away from the door. During one of her altemptsto get out of the house, the defendant shoved her forcefully causing her to flip over and fall against the coffee table. When the plaintiff tried to get out the back door, the defendant pulled her back inside and shoved her causing her to fall against the exhaust hood in the kitchen and cut her forehead. The plaintiff got away from the defendant, locked herself in the bedroom, and telephoned the police for help. The plaintiff. believing that the defendant had left her home when she telephoned the police, left the bedroom. When the plaintiff walked out of her bedroom, the defendant, who was hiding in the house. grabbed her and pulled her back inside the house when she triec to run outside. The plaintiff broke away from the defendant, ran from door to door until she was able to get outside, but the defendant ran after her, grabbed her, and carried her back to the house. The Lower Allen Township Police arrived and the defendant, who was still restraining the plaintiff outside, was told by the police to release her The defendant told the police that the plaintiff was suicidal and filled out involuntary committment forms and attempted to have the plaintiff involuntarily committed to the Holy Spirit Mental Health Unil. After the police escorted the plaintiff to Holy Spirit, a psychiatrist interviewed her and released hel immediately as there was no basis for her commitlmenl.. The plaintiff sustaine4 bruising and soreness about her body, a contusion on her back, and a laceration on her forehead as a result of this incident. f) In or about May 1997, on more than one occasion, the defendant drove at high speeds in a reckless manner while screaming at the plaintiff during arguments causing her to fear that he would crash the car. g) In or about late April or early May 1997, the defendant admitted that he had taken the plaintiff s handgun and he refused to give it back to her causing her to fear for her safety. h) Since approximately May 1997, the defendant has abused the plaintiff in ways including, but not limited to, raising his clenched fist in the air and growling at her causing the plaintiff to fear he was going to hit her and intimidating her with his position as a law enforcement officer. In addition, the defendant has told the plaintiff that her dog needs to be beaten, and has locked the dog in a room with a muzzle strapped to its face so tightly that there were marks on the sides of its nose from the straps. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 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 written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plainliff. 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 B, EXCLUSIVE POSSESSION 10. The residence from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the name of the plaintiff. The defendant maintains his own residence at 622 Barrington Court, Palmyra, Lebanon County, PeMsylvania. C, LOSSES AND REIMBURSEMENT FOR COST OF CASE 11. The plaintiff has sullered losses as a result of the abuse by the defelldanl. The losses are listed on Exhibit A attached. 12. The plaintiff desires that the Court order the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of allorneys' fees. as reimbursemenl for the cost oflitigating this case and assess a $25.00 surcharge and court costs to the defendant if the case goes to hearing. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" ofOclober 7, 1976,23 P.S. ~6101 C1 'J:.Q., as amended. the plainliffprays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the .Protection from Abuse Act:" 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. 3. Orderi!lg the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting th{: 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 plaintiff's residence located at 1 Creek Road, Camp Hill, Cumberland County, Pennsylvania, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself B. 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 peliod 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 her lelalives "'--~........ A viollltlon of this Ordt'r may ~ubjt'ct tht' dt'ftndllnt to: i) arrt'5t undtr 2J PII.C.S. 16113; ii) II Ilrivlltt' criminal complaint IIndt'r 23 I'a.es. ~61 IJ.I; iii) II chal'lt of indirt'cl criminlll conttmpt lindtI' 23 I'a.es. ~6114. 11IIIIi~"II"lt hy illlllri~onllltnl "1110 5i. 1II0nlh~ alld llfillt' of SIOO.OO-SI,OOO.O(l; and iv) civil cOllttml'llIUdtl' 2J l'a.eS. ~6114.1. This Order shall remain III eHeet until lIlodilied or terminated hy the Court and can be extended beyond its original e~piratioll date if the Court tinds that the detendant has committcd an acl of abuse or has cngaged in a pallcrn or practice thai indicates ris~ of harm to tll<' plaintiff A IU:ARIN{; SIIAU.llt: liEU) ON TIllS MATTER ON SEPn:MIIER "2- t997, AT / (,). 0 () IT .M.. IN {'OIlRTROOM NO. _1-, OF TIn: ClIMBt:Rl.AND COllNTY COlIRTlIOIISE, ('..\RLlSU:, Pt:NNSYI.V ANIA. Thc plainlill'lllay procecd without prc-paymcnt of tecs pcnding a thrthcr ordcr aner the hearing The Cumberland County Sherill's Department shall attempt to make service at the plaintill's request and without pre-payment of lees. but service may be accomplished under any applicable rule of Civil Procedure This Order shall be docketed in the ollice of the Prothonotary and lorwalded to the Sherill' for service The Prothonotary shall not send a copy of this Order to Ihe detendant by mail The Lower Allen Township Police Department shall be plovided with a certitied copy of this Order by the plaintiffs attorney. This Order shall be enforced by any law enfolccment agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable caust' that this Order has been violated. whether or not the violation is committed in the presence of the police ot11cel In the evcnt that an arrcst is made. undcr this section, the dcfendant ~,hall be taken without unnecessary delay bcl.)re the COUl'l that issued the order Whcn that court is Township Police Department for help and told them that she feared that the defendant had broken into her home again. The delendant had broken into the plaintiff's home previously (see sub-paragraph (e) The defendant, who is a trooper with the Pennsylvania State Police assigned to the Governor and Ll. Governol's personal detail at the Governor's Mansion in Harrisburg, is in the Army Reserves. and was a wrestler in high school, has told the plaintiff that his character as a good Christian and his position of authority as a Pennsylvania State Trooper with the Governor's detail makes him a very credible person. b) On or about August 29, 1997, the plaintill's friends saw the defendant silting in his vehicle in front of the plaintill-s home while the plaintiff was inside the house. When the defendant saw the plaintill's friends, he sped oll'in his vehicle. c) In or about late August 28 1997, the defendant left a message on the plaintiff's answering service saying, "Don't be surprised if you have a surprise trick-or-treater at 2115 (915 p.m.)." The plaintill' feared for her safety. d) In or about late August 1997, over a three-day period the defendant repeatedly telephoned the plaintiffS home, sometimes calling and hanging up as many as 50 times in a day. e) On or about May 17.18, 1997, the defendant broke into the plaintiff's by crawling in a window unbeknownst to the plaintiff, who was in the bathroom. The defendant entered the bathroom and pulled the shower curtain open while she was in the tub refusing causing the plaintifl'to fear 1'01 her safety When the plaintiff tried to get out of the bathroom. the defendant shoved her head down to the floor between the toilet and tun When the plaintill' got oul of the bathroom, tho defendant followed her through the house, repeatedly grabbed her about her IIrms and body, restrained her in police and military-style holds, hugged her, and stroked her hair saying, "lsn 'tthis nice?" "This is the way it should be." The plaintiff tried several times to get out of the house, but the defendant grabbed her about her body, and pulled her away from the door During one of hcr attempts to get out of the house, the defendant shoved her forcefillly causing her to flip over and fall against the coffec tablc. When the plaintiff' tried to gct out the back door, the defendant pulled her back inside and shoved her causing her to fall against the exhaust hood in the kitchen and cut her forehead. The plaintiff got away from the defendant, locked herself in the bedroom, and telephoned the police for help. The plaintiff. believing that the defcndant had left her home when she telephoned the police, left the bedroom When the plaintiff walked out of her bedroom, the defendant, who was hiding in the house. grabbed her and pulled her back inside the house when she tried to run outside. The plaintiff broke away from the defendant, ran from door to dOur until she was able to get outside, but the detendant ran after her, grabbed her, and carried her back to the house The Lower Allen Township Police arrived and the defendant. who was still restraining the plaintiff outside, was told by the police to release her. The defendant told the police that the plaintiff was sliicidal and tilled out involuntary commillment torms and alleml'ted to have the plaintiff involuntarily com milled to the Holy Spirit Mental Health Unit. After the police escorted the plaintiff to Holy Spirit, a psychiatrist interviewed her and released her immediately as there was no basis for her commiument. The plaintiff sustained bruising and soreness about her body, a contusion on her back, and a laceration on her forehead as a I'esult of this incident. f) In or about May 1997, on more than one occasion, the defendant drove at high speeds in a rcckless manner while screaming at the plaintifl" during arguments causing her to fear that he would crash the car. g) In or about late April or early May 1997, the delendant admitted that ~e , had taken the plaintiff's handgun and he refuscd to give it back to her causing her to fear for her salety h) Since approximately May 1997, the defendant has abused the plaintiff in ways including. but not limited to, raising his clenched list in the air and growling at her causing the plaintill'to fear he was going to hit her and intimidating her with his position as a law enforcement officer In addition, the defendant has told the plaintiff that her dog needs to be beaten. and has locked the dog in a room with a muzzle strapped to its face so tightly that there were marks on the sides of its nose from the straps. 5. The plaintiff' believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact ~ith the plaintiff including. but not limited to, tclephone and wriuen communications. 7. The plaintiff desircs that the defendant be enjoined from harassing and stalking the plaintiff, and from harusing her relatives 8. The plaintiff desires that the defendant be restrained from entering her place of employment. 9. The plaintill" desires that the defendant be enjoined from removing, damaging, deslroying or selling any property owned by the plaintill'. B, EXCLlISIVE POSS.:SSION 10 The residence from which Ihe plaintiffis asking the Court to order the defendant to slay away from is owned in the name of the plaintill' The defendant maintains his own residence at 622 Barrington Court, Palmyra, Lebanon County, Pennsylvania. C. LOSSES AND REIMBURSEMENT FOR COST 01' CASE II. The plaintiff has sullered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 12 The plaintiff desiles that the Court order the detendant to pay $250.00 to Cumberland County, one of Legal Services, Inc's funding sources, in lieu of auorneys' fees, as reimbursement for the cost of litigating this case and assess a $25.00 surcharge and court costs to the defendant if the case goes to hearing. WHEREFORE, pursuant to the provisions of the "Proteclion from Abuse Act" of October 7, 1976, 23 P. S. ~61 0 I el Kg, as amended, the plaintiff prays this Honorable Court to granlthe following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse A.ct" I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse 2. Ordering the defendanlto refrain Irom having any direct or indirect contact with the plaintiff including, bUI not limited to, telephone and wrillen communications J. Ordering the defendant to relrain Irom harassing and stalking the plaintiff and from harassing hcr relatives 4. Prohibiting the delendant Irom entering the plaintill's place of employment. 5. Prohibiting thc defendant from removing, damaging. destroying 01 selling property owned by the plaintill' 6. Ordering the delendant to stay away from the plaintill's residence located at I Creck Road. Camp Hill, Cumberland County, Pennsylvania, and ordering the delendant to stay away Irom any lesidence the plaintiff may in the future cstablish tor herself B. Schedule a hearing in accordance with thc provisions of the "Protection from Abuse ACI," and, after such hearing. entcr an order 10 be in ellect fOl a period of one year: I. Ordering the defendant to retrain from abusing the plaintiff or from placing her in fear of abuse 2. Ordering the defendant to relrain from having any direct or indirect contact with the plaintiff including. but not limited to, telephone and wrillen communications J. Ordering the defendant to refrain from halassing and stalking the plaintiff and from harassing her relatives The above-named plaintiff, Mary Ellen Coleman, verities that the statements made in the above Petition are true And correct. The plaintiff understands that false statements herein are made $ubjectlo the penallies or 18 Pa. C. S. ~4904 relating to unsworn falsification to authorities. Date: 9./')9'/ '-'h~,. ,d~"O't'i;~ ~ MaryEllen Coleman, Plaintiff ,I "1, l:: l ~ ) i'" j,:. \ ,'. 1,: , , <", , , , -.. L ,"_ I C. I I" <. . ,. I.'. , - <.) .W 1...) I' ,,,, , ~ '.... ... . .~ ~ J .lI) j.~ .~ ., " ." :' " " ;;; l'I ~. ~_I: C , , ~3r: ("~ ,""l"'I' '3'; [!-., ~\.: ( .~~' ::"r. 'r: 0:0 '(/l " (:.r, . , L!I, ,,'} r ~ II ~. rJI'q ,.. !";} 'JIJ. ~ - '-'j " ,.. U ..:l' 0 ,. I. t-. , MARY ELLEN COLEMAN, Plaintifl' INTI m COURT OF COMMON PLEAS OF ClJMBERI.ANI> COUNTY, PENNSYLVANIA v NO ')7.4'1.\4 ('I VII. TERM PAUL BRIAN ROY, I>elcndanl I'ttoTFCTlON FROM ABUSE MUTlON "'OR CONTINUANCE The plainlill'. MIIIV 1'11"11 ('01<-1111111. h, IIIllI tlllolll(h her 1I11llrney. Joan Carey of Legal Service~, Inc . IIlmll~ the ('Olllt Ii" 1111 ()"k, fl'.,dwdlllilll( llie hellrillg in the above-captioned case on the ground~ Ihlll A TempllHIIV l'loleclloll O"lel WIIS isslled hy this Court on September 11, 1997, scheduling a hllaring lin MllIUIIlY. Seph'mhcI 22. 1')'17. III 10 00 a m 2 The ClIlIlhellalld ('Ollllly Sherill's Department deputized the Dauphin Cour.ty Sheriff's Ollice who scrve,1 Ihe de'clIlhlf1l's 1I11orlley. Eric C. Stoltenberg of Lighll1lan Law Oflkes, with a cerlitled coPy IIflhe [el1lpomlY I'rotection Order and the Petition for Protection Order on Seplemher 1\ 11)1)7. lit 2 20 P III III the Dauphin County Courthouse. .1 The delcndlllll hilS relllilled James I. McAneny of Lightl1lan Law Offices to represent hilll 4 The parties alll'ell. by 1\lId through their respective counsel, that the heRring be leKchedllled due 10 II !l(hellllhl1ll cllnflict ~ The plamllll' lC'llIesh Ihllt Ihe Temporary Proteclion Order remain in effect until fhrthel Older o''('mllt I, A cellitlcd copy of lhe Order for Continuance will be delivered to the Lower Allen Township Police UCllBl1mcnt by the auorney for the plaintiff '. ,I , , ; , ~ ..:r (,; c:: 0'" .. "5.;,: ~ -. IJJ~;! - r- )..J, <.).... ,~ .....,..-: r..J. f. t~;~.' -'t '':l;'j ..... ~() '-t- ,.' '.\1 ''''~ , , L ~., IN :I&; l fil,.. a.. 'J~ ", t./J ~~., ~.:. en ~ l~ ~ 0" (,) " , " I' ., , , , , " Township Police Department for help and told Ihem that she feared thaI the defendant had broken into her home again. The defendant had broken into the p,laintiff's home previously (see sub-paragraph (e). The defendant, who is a trooper with the Pennsylvania State Police assigned to the Governor and Ll. Governor's personal detail at the Governor's Mansion in Harrisburg, is in the Army Reserves, and was a wrestler in high school, has told the plaintiff that his character as a good Christian and his position of authority as a Pennsylvania State Trooper with the Governor's detail makes him a very credible person. b) On or about August 29, 1997, the plaintiff's friends saw the defendant silting in his vehicle in front of the plaintiff's home while the plaintiff was inside the house. When the defendant saw the plaintiff's friends, he sped offin his vehicle. c) In or about late August 28 1997, the defendant left a message on the plaintiff's answering service saying, "Don't be surprised if you have a surprise trick-or.treater at 21: 15 (9: 15 p.m.)." The plaintiff feared for her safety. d) In or about late August 1997, over a three-day period the defendant repeatedly telephoned the plaintiff's home, sometimes calling and hanging up as many as 50 times in a day. e) On or about May 17-18, 1997, the defendant broke into the plaintiff's by crawling in a window unbeknownst to the plaintiff. who was in the bathroom. The defendant entered the bathroom and pulled the shower curtain open while she was in the tub refusing causing the plaintiff to fear for her safety. When the plaintiff tried to get out of the bathroom. the detendant shoved her head down to the 11001 X between the toilet and tub When the plaintiff got out of the bathroom. the defendant followed her through the house, repeatedly grabbed her about her arms and body, restrained her in police and military-style holds, hugged her, and stroked her hair saying, "Isn't this nice?" "This is the way it should be." The plaintiff tried sevelal times to get out of the house, but the defendant grabbed her about her body, and pulled hel away from the door. During one of her attempts 10 get out of the house, the defendant shoved her forcefully causing her to flip over and fall against the coffee table. When the plaintiff tried to get out the back door, the defendant pulled hel back inside and shoved her causing her to fall against the exhaust hood in the kitchen and cut her forehead. The plaintiff got away from the defendant, locked herself in the bedroom, and telephoned the police for help. The plaintiff. believing that the defendant had left her home when she telephoned the police, left the bedroom. When the plaintiff walked out of her bedroom, the defendant, who was hiding in the house, grabbed her and pulled her back inside the house when she tried to run outside. The plaintiff broke away from the defendant, ran from door to door until she was able to gel oUlside, but the defendant ran after her, grabbed her, and carried her back to the house. The Lower Allen Township Police arrived and the defendant, who was still restraining the plaintiff outside, was told by the police to release her. The defendant told the police that the plaintiff was suicidal and filled out involuntary committmenl forms and attempted to have the plaintiff involuntarily commined to the Holy Spirit Mental Health Unit After the police escorted the plaintiff to Holy Spirit. a psychiatrist interviewed her and freleased her immediately as there was no basis for her commiument The plaintiff sustained bruising and soreness about her body, a contusion on her back, and a laceration on her forehead as a result of this incident. I) In 01 about May 1997, on more than one occasion, the defendant drove at high speeds in a reckless manner while screaming at the plaintiff during arguments causing hello fear that he would crash the car. g) In or about late April or early Mal' 1997, the defendant admitted that he had taken the plaintiff s handgun and he refused to give it back to her causing her to fear for her safety. h) Since approximately May 1997, the defendant has abused the plaintiff in ways including, but not limited 10, raising his clenched fist in the air and growling at her causing the plaintiff to fear he was going to hit her and il1timidating her with his position as a law enforcement officer. In addition. the defendant has told the plaintiff that her dog needs to be beaten, and has locked the dog in a room with a muzzle strapped to its face so tightly that there were malks on the sides of its nose from the straps. 5. The plaintiff believes and therefore aver~ that she is in immediate and present danger of abuse ITom the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect conta~t with the plaintiff including, but not limited to, telephone and written communications. 7 The plaintiff desiles that the defendant be enjoined from harassing and stalking the plaintiff. and from harassing hellelatives 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 8, EXCLUSIVE POSSESSION 10. The residence from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the name of the plaintiff. The defendant maintains his own residence at 622 Barrington Court, Palmyra, Lebanon County, Pennsylvania. C. LOSSES AND REIMBURSEMENT FOR COST OF CASE II. The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 12. The plaintiff desires that the Court order the defendant to pay 5250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of attorneys' fees, as reimbursement for the cost oflitigating this case and assess a 52500 surcharge and court costs to the defendant if the case goes to hearing. WHEREFORE, pursuant to the provisions of~he "Protection from Abuse Act" of October 7, 1976,23 P.S. ~6101 ~ KIl., 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:" 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. 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 plaintiff's residence located at 1 Creek Road, Camp Hill, Cumberland County, Pennsylvania, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself B. 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. 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 plaintiff s residence located at 1 Creek Road. Camp Hill. Cumberland County. Pennsylvftnia. and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 7. Ordering that the defendant reimburse the plaintiff the losses she has suffered as a result of the abuse by the defendant. The losses are listed on Exhibit A attached. 8. Ordering the defendant to pay $250.00 to Cumberland County. one of Legal Services. Inc.'s funding sources. in lieu of attorneys' fees. as reimbursement for the cost of litigating this case and assessing the $25,00 surcharge and court costs to the defendant if the case goes to hearing. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff. pending a further order at the hearing. and that a certified copy of this Petition and Order be delivered to the Lower Allen Township Police Department. The plaintiff prays for such other relief as may be just and proper, , ., '. i ~~, , , ' , i, " : . . " " . , ",i ....1 ,. L. I'~ .~ ~; ~I (J . , , , i, . . " '. ..... () , r". , , , , t , t ..; ", , i ; d.I , , t i I;' t , I " J , .,,~ ... '"::j , \..-:: I... C '.J Ii t' " ;1< 'i' , , " " , , , , {I " . , , l~:. INSTRUCTIONS TO THE DEFENDANT _..~." ._..~ .---.------------.- ~. .---~--~---.. .. ....-. .. ._. .u ~ _ As you ~n()w, thc plaintiff hilS filcd II Iegnl lI"tiun IIgains! you und"r the Protection Frolll Alluse Act IInd hilS "btaincd II T"IIIJlumry Protection 0rder. The plaintiff is prepared to hllvc II hC/lring held in "rder to olltain II fin/ll Protcction Order effcctive for one (I) year. As 'In IIlterrJutlve, you mllY consent to the entry of the final Protection Order to he in effect for ()ne yeur. If you lire willing to consent you should call Leglll Serviccs, Inc. in Curlisle lit 24J-'l400, 766-R475 from the West Shore or 5JQ-5R66 from Shippenshurg, Ilnd Illlk to speuk to I:he staff person hllndling the cllse Ilbout a C:msent Agreement. The Consent Agreement should be pr"I"H.,d hefore the tillle scheduled for the hearing So th~ COllrt will know ahcad of time thllt th", cllse will not be contested, In some cases, regardless of whether /I settlement by Cons",nt Agreement has heen reuched, the parties must nppellr in wurt at the time scheduled for hearing. If the case is uncontested, the court UI'peAJ'IInce will be brief. The judge will mllke sure the parties understand the Consent Agreement /lnd final Protection 0rder. If you do lIot Ilgree to the entry of the finnl Protection Order, a contested hearing will tAke plolce at th., scheduled time. When 1\ final Protection Order is entered, it will be sent or given to YOtl, the plAintiff, Ilnd the appropriate police departments, If you fail to abide by the term,s of the fin/ll Protection Order you will be subject to immediate /lrrest, and II fine of $100,00 to $1,000,00 lind/or a jail sentence of Ill' to ,si.x lIIonths 'lIId other relief. FF.F.S AN!) C~ Tf the Colse goes to hellring ,ulll the jUdge grants 1\ Protection Order. Il surcharge of $~5,OO will he Ilsscssecl against you. You may IIlso be required to pay attorney fees to Legal Servicc". Ine, lor their representation of the plnintiff. YOU SIIOllLn TAKE TillS PAPER TO YOUR LAWVF.R AT ONCE. IF YOU no NOT "AYf: " LAWYER OR CANNO'J' AFFORD ONF., GO TO OR TF.LF.PIIONF. TIIF. OFFICE SET FORTII IIEI.OW TO FI~ OUT WHERE YOll CAN nET LEGAL HELl', ('!)IJRT M)MI~JSTRAT<lR, .lth F'I.()()R "'II~If\Frn,.'\NIl ,'(t[Ir-.iTY ('()I'RTH()(lSF (',IHIIST I'.. l"I':'l'lSH\'ANI.'\ 1;01,1 'I'l'l l'I'i1()\;I' '\i1'\f1IFI~: ("I-) ~,II1-,,~n() . I)f."-,, !!I'>,"l'''(J '1..", , ,'",1,[ ,il '}fl'l~ ' " \ l' 'l~\jl"', .' ~ "-'$I"d~ \'./ ,11',\ Ijl'\ll>, ',ii' "'11"~r-tt1~IJl~V'I,j~", I" ~"\\;'\"1~,'''1 'j ;r:'It"\! "I ~! " +,' ,',' I. . \ (1,' : I" '. 'C 'I' J\\::..,i,.I",.., ,,,,:,. "" ," It', .' l"li> ,,, If'jJtr.'j . 11" 'I " I '" ',I , ,'\,..r fudl\;"<;'I\''';t:,',.'",:, ,r 'II'", ,,', 't ""'.'I'I;'I'ii.;,I.\'P. 'H1":i~'1!'I,"-fl,J,~"",fll"" , .", I' "I '" '\'\;\1 ',~['nll"~~I""!~"'f' 11', ," , ' ' , 'I: "I',I't, 1.'~J~~\~I"I"I!'\;3\rl;:I~!ICf"d/"fll\11 ~M ", I'['!i', \fL,N', 1.1 J,hl, ..Ul;... \'1" , I' tl ('If] "",j:l';>"'l"""""q", "". .' ',I", I, '~~'I'\!t."'" II. ,I, t, II' ' r II) Iii ~t . "t I' UoIlU pu. "I tilt' 'fI\I"'. .'1""', ' '.. '.. """ '( ,t ,'',''''',, ',',' ,'"c ,', ' , ">"iJ'il" "'}""i\l,J;;;,,;tf Ii \,r>',i "; ';.i"', "':.t7'Wi.:,;. "_.t,,'.O'Crj,,q:I":",S'~J;!': n tJ'" 'lI""'l"!'.:, ," ""!', ,~,~'" ''''''','I''I~I'''!~'Iii'' Ij'D';..',,'!,',; J,'". 'I ,.,""",......." ;"," , ""'t'ij,\,,;(,,~ 1/""'\'''')''''''''''''''1_'''' , , . '-""''''', ";llt"';'-I,,"III~i,},I; ,'.-' :";'- "'am' i,fl'\~!!ll c.,....':' '-J"'.-I'."'I__".", "', , ",'. ''', """"""';'__", "1""<",1,,,,, 1"'11_" ,", , ".." ,'",I ~t.k~';'jr~,:!i't!.\,)>.JI!;:, 'I "i ,'."L'f",'-,;l"'"'''' l'iI'.llL'J"i".Ir.I'--il!.,,--k"""'i "!'~-\!~['-i" ,t I. !,j}I,';.' j~PIJ-"""'::"'"r' \ , . . ... " ~, l I. ,t I , \ , , 't " " " , !_I;.~ ~~- -........ ",,", ,..."-:-:...:..7:..-.... , home wilhout her knowledge, IIrabbL'Il her trom behind, and as she tought to tTee herself and called him by his name. the defendant yelled that he hated her and that she had ruined his life because now everyone thinks Ihat he is a "woman beater," The plaintitl'wabbed the telephone. but the delendant knocked it out of her hand. grabbed her. threw her about. and threw her against the kitchen table, When the plaintiff tr;ed to run tTom him, the detendant grabbed her. and dragged her into the bedroom. called her a bitch, said that he haled her. and threw her onto the bed. \lipped her over face- down on the bed, held her down on the bed with his knee in her back. held her hands behind her back. and pulled olTher night shin and underwear, Grabbing the plaintiff by her shoulders. the defendantllipped her onto her back. held her hands above her head. pinned her to the bed by straddling her with his knees on her shoulders. took rope that he had brought with him and tied her hands to the bedposts, and taped her mouth with duct tape. causing her to have difficulty breathing, The defendant told the plaintiff that he wanted to feei her one more lime and raped her repeatedly When the defendant got liP, he yelled that he hated her, called her a bitch. and threatened her saying that he was not going to let her ruin his career The detendantleft the plaintilfs wrists tied to the bedposts, taped her moulh. her legs bound. and the bedroom door locked, The plaintiff remained in this position until approximately 930 a,rn. when the Lower Allen Township Police broke in the bedroom door after being alerted by her mend who feared that something had happened to her when she did not answer the door. The plaintiff was taken by ambulance to Harrisburg Hospital and treated for injuries she suffered WI n result of this incident. The delendant was arrested and charged with burglary. criminal trcspass, simple assault, rape, lalse imprisonment, and harassment and stalking, The delcmdant was taken to Cumberland County Prison and released aftcr posting $50,000.00 bail A preliminary hearing is scheduled on December 11. 1997, at 2:00 p,m, belore District Justice Clement. The plaintiff filed a Petition for Protection Order and a Temporary Protection Order WllS entered on September II, 1997 (see Exhibit B, attached hereto and incorporated by reference), The plaintilTwithdrew the action October 10, 1997 (see Exhibit C, attached hereto and incorporated by reference) Legal Services, Inc, staff mailed a letter to the defendant's attorney, James A McAneny, on October 14, 1997, advising that the plaintiff' wanted no further contact with the defendant and that he would be considered a defiaf1l trespasser if he came to her residence again (see Exhibit D, allached hereto and incorporated by reference), 5 The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse, 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 written communications, 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 plaintitl. desires that the delendant be enjoined Irom removing. damaging, destroying or selling any property owned by the plaintiff. 10, The plaintiff desires that any weapons that the defendant owns or possesses (handguns, riOes, and/or shotguns) be confiscated by the sheriffs department Md that the delendant be prohibited from acquiring or possessing any weapons for the duration of the Temporary Protection Order, B. EXCLlTSIH POSSESSION 11. The residence from which the plaintiff is asking the Court to 'Jrder the delendant to stay away from is owned in the name of the plaintiff. The defendMt maintains his own residence at 622 Barrington Court, Palmyra, Lebanon County, Pennsylvania, Co LOSSES AND REIMBPRSr.MENT FOR COST OF CASE 12, The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached, 13. The plaintiff desires that the Court order the defendant to pay $250,00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assess a $25.00 surcharge and court costs to the defendant if the case goes to hearing, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P,S, ~6101 ~ KQ, as amended, the plaintiff prays this Honorable Court to grant the foUowing reUef: A, Grant a Temporary Order pursuant 10 the "Protection from Abuse Act" 1. Ordering the defendant to refrain from abusing the plaintiff or from placing her in 1car of abuse. 2, Ordering the defendant 10 refrain from having any dirC\.1 or indirect contact with the plaintiff including, but not limited to, telephone and written communications, 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives 4, Prohibiting Ihe defendanl from entering the plaintift's place of ernployment, 5, Prohibiting the defendant from removing. damaging. destroying or selling property owned by the plaintiff 6. Ordering the defendant to relinquish to the sheriffs department any weapons which he owns or possesses (handguns, rilles and/or shotguns), and prohibilingthe defendant from acquiring or possessing any weapons for the duration of the Temporary Protection Order. 7, Ordering the defendant to stay away from the plaintiffs residence located at I Creek Road, Camp Hill, Cumberland County, Pennsylvania. and ordering the defendant to stay away from any residence the plaintiff may in the flllure establish fo~ herself B, Schedule a hearinll in accordance with the provisions of the "Protection from Abuse Act," and. after such hearing, enter an order to be in elfectlbr 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, 3. Ordering the defendant to refrain from harassing and stltlking the plaintiff and from harassing her relatives, 4, Prohibiting the d&ndant from entering the plaintiffs place of employment. 5, Prohibiting the defendant from remo\ing, damaging, destroying or selling property owned by the plaintiff 6, Ordering the defendant to stay away from the plaintiff's residence located at I Creek Road, Camp Hill, Cumberland County, Pennsylvania, and ordering the delendantto stay away from any residence the plaintiff may in the future establish for herself 7, Ordering the defendant to relinquizh to the sheriffs department any weapons which he owns or possesses (handguns, rifles and/or shotlJUllS), and prohibiting the delendant from acquiring or posseasing any ~ for the duration of the Protection Order v. : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 97. 4tr3t CIVIL TERM ) MAR Y ELLEN COLEMAN, Plaintiff PAUL BRIAN ROY, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this 1l!!!, day of September. 1997, upon presentation and consideration of the within Petition, and UpO~1 finding that the plaintiff. Mary Ellen Coleman, now residing at 1 Creek Road, Camp Hill, Cumberland County, Pennsylvania. is in immediate and present danger of abuse frorn the defendant, Paul Brian Roy, the following Temporary Order is entered. The defendant, Paul Brian Roy, (SSN: 180'@'2066)(DOB: 10/11/66), now residing at 622 Barrington Court, Palmyra, Lebanon COWlty, Pennsylvania. is hereby enjoined from physically abusing the plaintiff, Marf Ellen Coleman. or from placing her in fear of abuse. The defendant is ordered to stay away from the plaintift's residence located at 1 Creek Road, Camp Hill, Cumberland County, Pennsylvania. a residence which is owned by the plaintiff, and is ordered to stay away from any residence the p1aintift'may in the future establish for herself. 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, The defendant is enjoined from harassing and stalking the plaintiff and from IwaJsing her relatives, The defendant is enjoined frorn entering the plaintift's place of employment, The defendant is enjoined from removing, damaging, destroying or sellina any property owned by the plaintiff. EXIIIBIT 0 A violation of this Order may subject the defendant to: i) arrest under 13 Pa.C.S, 16113; Ii) a private criminal complaint under 13 PILC.S. 16113.1; i1i) a chal'le of indirect criminal contempt under 13 Pa.C,S. 16114, punishable by imprisonment up to sb: months and a fine ofS100.00-5I,OOO.00; and iv) civil contempt under 13 PILC.S.16114,1. This Order shall remain in effect until modified or temUnated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk ofharm to the plaintiff. A BEARING SHALL BE HELD ON TBIS MA TIER ON SEPTEMBERdJ~/1997, AT 10 '.00 A,M..IN COURTROOM NO. 1 , OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland CoUDly Sherift's Department sha11 attempt to make service at the plailltift's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure, This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service, The Prothonotary shall not seniol a copy of this Order to the defendant by mail. The Lower Allen TOWTl!hip Police Department shall be provided with II certified copy of this Order by the plaintift's attorney, This Order shal1 be enforced by any law enforcement agency where a violation occurs by arrest for indirect crimina1 contempt without warrant upon probable cause that this Ordas' has been violated. whether or not the violation is committed in the presence of the police officer In the event that 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 Township Police Department for help and told them that she feared that the defendant had broken into her home again, The defendant had broken into the plaintiffs home previously (see sub-paragraph (e), The defendant, who is a trooper with the Pennsylvania State Police assigned to the Governor and Lt, Governor's personal detail at (he Governor's Mansion in Harrisburg. is in the Army Reserves, and was a wrestler in high school, has told the plaintiff tltat his character as a good Christian and his position of authority as a Pennsylvania State Trooper with the Governor's detail makes him a very credible person, b) On or about August 29, 1997, the plaintiffs mends saw the defendant sitting in his vehicle in front of the plaintiff s home while the plaintiff was inside the house. When the defendant saw the plaintiff s mends, he sped off in his vehicle c) In or about late August 28 1997, the defendant left a message on the plaintiffs answering service saying, "Don't be surprised if you have a surprise trick-or-treater at 21: 15 (9: 15 p,m,)," The plai!ltifffear~ for her safety, d) In or about late August 1997, over a three-day period the defendant repeatedly telephonod the plaintiff's home, sometimes calling and hanging up as many as 50 times in a day, e) On or about May 17-18, 1997, the defendant broke into the plaintiffs by crawling in a window unbeknownst to the plaintiff, who was in the bathroom, The defendant .entered the bathroom and pulled the shower curtain open while she was in the tub refusing causing the plaintiff to fear for her safety, When the plaintiff tried to get out of the bathroom. the defendant shoved her head down to the floor between the toilet and tub When the plaintiff got out of Ihe bathroom, the defendant followed her through the house. repeatedly grabbed her about her arms and body, restrained her in police and military-style holds, hugged her, and stroked her hair saying, "Isn't this nice?" "This Is the way it should be." The plaintiff tried several times to get out of the house, but the defendant grabbed her about her body, and pulled her away from the door. During one of her allemptsto get out of the house, the defendant shoved her forcefully causing her to flip over and fall against the coffee table. When the plaintiff tried to get out the back door, the defendant pulled her back inside and shoved her causing her to fall against the exhaust hood in the kitchen and cut her forehead. The plaintiff got away from the defendant. locked herself in the bedroom. and telephoned the police for help, The plaintiff, believing that the defendant had left her home when she telephoned the police, left the bedroom. When the plaintiff walked out of her bedroom. the defendant, who was hiding in the house, grabbed her and pulled her back inside the house when she tried to run outside. The plaintiff broke away from the defendant, ran from door to door until she was able to get outside, but the defendant ran after her, grabbed her, and carried her back to the house. The Lower Allen Township Police arrived and the defendant, who was still restraining the plaintiff outside, was told by the police to release her, The defendant told the police that the plaintiff was suicidal and filled out involuntary conunittment forms and attempted to have the plaintiff involuntarily committed to the Holy Spirit Mental Health Unit. After the police ~orted the plaintiff to Holy Spirit, a psychiatrist interviewed her and released her immediately as there was no basis for her committment.. The plaintiff sustained bruising and soreness about her body, a contusion on her back. and a laceration on her forehead as a result of this incident. t) In or about May 1997, on more than one occasion, the defendant drove at high speeds in a rC\:k1ess manner while screaming at the plaintiff during arguments causing her to fear that he would crash the car, g) In or about late April or early May 1997, the defendant admitted that he had taken the plaintiff s handgun and he refused to give it back to her causins her to fear for her safety, h) Since approxirnatcly May 1997, the defendant has abused the plaintiff in ways including, but not limited to, raising his clenched fist in the air and growling at her causing the plaintiff to fear he wu going to hit her and intimidating her with his position as a law enforcement officer. In addition, the defendant has told the plaintiff that her dog needs to be beaten, and has locked the dog in a room with a muzzle strapped to its face so tightly that there were marks on the sides of its nose tiom the straps. S. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection frorn such abuse, 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 written communications, 7, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff. and from harassing her relatives I 8, The plaintiff desires that the defendant be restrained from entering her place of employrnent. 9, The plaintiff desires that the defendant be enjoined from removins. damagins. destroying or selling any property owned by the plaintiff B. EXCLUSIVE POSSESSION 10. The residence from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the name of the plaintiff, The defendant maintains his own residence at 622 Barrington Court, Palmyra, Lebanon County" Pennsylvania, C. LOSSES AND REIMBURSEMENT FOR COST OF CASE 11, The plaintifl' hu suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A attached, 12, The plaintiff desires that the Court order the defendant to pay 5250,00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of attorneys' fees, as reimbursernent for the cost of litigating this case and assess a $25,00 surcharge and court costs to the defendant if the case goes to hearing, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976.23 P,S, ~6101 !:1 SQ" 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:" \, Ordering the defendant to refrain !Tom abusing the plaintiff or from placing her in fear of abuse. 2, Ordering the defendant to refrain from having any direct Of indirect contact with the plaintiff including, but not limited to, telephone and written communications, 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and fi'om 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 plaintiffs residence located at 1 Creek Road, Camp Hill, Cumberland County, PeMSylvania, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 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: 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 Of indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3, Ordering the defendant to refrain from harassing and stalkinS the plaintiff and frorn harassing her relatives. -, ...... " MARY ELLEN COLEMAN, Plaintill' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , v, NO 97-49.14 CIVIL TERM PAUL BRIAN ROY, Detendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plainlill: Mary Ellen Colcman, by und through hcr attorney, Andrea M, Levy of LEGAL SERVICES, INC , moves the Court tin un Ordcr continuing the hearing in the above- captioned case on the grounds that I. Legal Services. Jnc stan' tiled a Motion ti)r Continuance and an Order for Continuance was entered on November 19, 1997. continuing the matter generally in order to ell'ectuale service of the Temporary Protection Order and Petition tor Protection Order on the defendant. 2 After accepting service on behalf of the defendant, William T. Tully, Esquire, requested that a hearing date be set. 3 There?fter, a Motion was tiled by Legal Services, Inc" and an Order Scheduling Hearing was entered on December 22, J 997, by this Court scheduling a hearing for January 22, 1998, at 930 a.m 4, The plaintilT, for medical reasons, requests that the hearing scheduled on January 22, 1998, at 930 a.m. be postponed for one month The plaintiff's physician contacted Legal Services, Inc, stall' directly and communicated her recommendation that the Court date be postponed for a one month period in order to allow the plaintill'sullicient time to recuperate, 5. Telephone calls by plaintilrs counsel to delimdant's counsel on January 14 and 15, to advise him of this Motion for Continuance and to seek his concurrance, were not returned, A .' , 'I I " " '" , " "- CO, ...... j- ~-... " - i.':: .. - . - , lilt" : ("i , '. r,' .';', , ~' -"1 l,',~, . ",:~i (), >.. , ' ,'rJ i> ('. 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