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Home My WebLink About97-05079 , ,L:,!fJf~ !','_11 , 11:'1 ::1'1 , ' I'~ , , :.jI~ '" ,.. , , " I . :'I'~'l , i,t" " ' .'I~V " , ",,"'" ,J,,'} " , , t,ltl:d,'! iN/; , " , ,;' ..,.',':1',0' " ! " """"'','')''''~ , ,,, /1;1,:/I,"!t1if. " , ',',1' ,,)),:/1'\.,., Ii , i ,I ~ ,~, ,,-' 1,', III , " ,i " ~d' ,': l' ~/l fJ~ : , ',' , , , , " jf,/:" "'",(y;.~ I', " S, Since approximately 1994, the defendant hllll allcmpted to ca\l8e and hllll intentionally, J..nowingly, or n:cklc:ssly cau.,ed blldily injury to the plwntin: h3ll placed thl: plaintiff in rellllonable fear of imminl:llt serious bodily injury, and ha., knowingly c:ngaged in a COUI'lle of conduct or repealedly commilled acls IowaI'd Ihe plainlill under circumstanccs which have placlld the plaintill'in rellllonable fear of b<1di1y injury, This h3ll included, bul is notlimiled to, thl: following specitic instances of abuse: a. On or about Seplcmber 6, 1997, as the plainlilf was silling in a chair, lhe delendanl forcelidly kicked and broke the bOlck of thc chair ca\l8ing lhe pieces to hillhe plainlifl' rcsulting in hcr ha\ing pain, scralchcs and bruises, The defendanllhen repealedly punched the walls causing thl' plOlintilt'lo tear for her safety and leave the residence and call1he police, b, On fII' about September 2, 1997, the defendant torcefillly head.bulled the plwntiJT causing her exlreme pain, c. In or about May 1996, the defendanllhrew a table at the plaintiff ca\l8ing her 10 fear Illr her salCty, d. In ur aboul February 1996, Ihe detendanl picked up lhe plaintiJT and lhrew her onto the couch causing her to fear for her safety and run out of the house 10 a neighbor's hOlL,e. The defendant chlllled after the plaintiff, kicked her car mirror breakini 2 7, The plaintilI believcs and therclorc avcl'll Ihat she: is in immediale and prcllent danger of abll8C Irom the deli:ndanl should she return 10 the home wilhont Ihe deli:ndanl's ex~lU8ion and that she is in need of pl'Oteclion Irom sllch abuse. H, The plainlilI,tesire:s lhatlhe defendanl be prohibited Irom having any direet or indirect ~ontacl with the plaintill'including, bUI not limiled 10, 1e;:It.:phone and wrilte;:n communications. 9. 'The plaintilI desire;:s thallhe deli:ndaol be elijoincd Irom harBllsing and stalking the plaintiff, and from harllllsing the plainlifl's relatives, 10, The plaintiff desires that the defendant be restrained from entering the plainlifrs school. 11, The plaintitl desires that the defendant be enjoined from removing. damaging. deslroying or llelling any property owned solely by Ihe plaintitl: 8, .:XCl,USIV.: POSS.:SSION 12, The home from which the plaintilI is asking Ihe Court to exclude the defendanl is renled in the name:s of the: plaintill and the deli:ndanl. 13, The defi:ndan~ 10 the best of plaintiff s knowledge:, is in Ihe proceKll of moving oul of their muluaI rcsidt.:nce 01 1555 M~Clures Gap Road, Carlisle, Pennsylvania, and moving in with a mend's residen~e whi~h is localed at 16 Belaire Avcnue, Carlisle:, Pennsylvania. 14. 'The plaintiIT ~urrently has no pennam:nt pla~e to slay with her ~hi1dren e"~epl the mutual home, and the dcfl:ndanl has family and friend, in the area with whom he ~an stay. 4 15. The plmnlitl'deslres po88ession of the home so Mlo give the greatest degJ'lle of continuity to the lives of the children. Co R~;lj~IBLJRSfo:l\":NT "'OR COST 010' CASfo; 16, The plaintilf a.,l, that the defendant be ordered 10 pay $250.00 to reimblll1lc one of Legal Services, Inc. 's fwuling sources for the cost of litigllting this CMe. WHEREFORE, plll1luantto the provisiol1ll of the "Protection Irom Abll5C Act" of October 7, 1976, 23 Pa,C.S, ~ 6101 ~t sc~., as amended, Ihe plaintilT prays this Honorable Courlto grant the foUowing relief: A. Orant a Temporary OTder pur~uantt() the "Prolection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff or placing her in leal' of abuse, 2, Ordering the delendantto refrain trom haw,g any direct or indirect conta<;t with the plaintiff including, but not limited 10, telephone and written eomnllmications, 3, Ord\o'ling the defcndantto refrain Irom harassing and stalking the plaintiff and trom harassing the plaintill's relative8. 4, Prohibiting the defendant from entering the plaintifl's school. 5. Prohibiting the defendant from remolling, damaging, destroying or selling property owned solely by the plaintilT, 5 I' "~I " ;1 11 " " " " , , \ , ',' " t.:.o, t. " ~ ~ ~ , : IN TIlE COURT OF COMMON PLEAS OF : CUMRERLAND COUNTY, PENNSYl.VANIA : NO. 97- 5079 CIVIL TERM : PROTECTION FROM ABUSE PROTECTION ORDER AND NOW. this .~~"day of September, 1997, upon consideralion of the Coneent Agreement of the parties, the following OrdeT ill entered: 1. The defendant, James II, RWlsell, is enjoined from physically abusing the plainliff. Ann E, Wendle, PIainliff v. II1llC1 H, RIIIICII, Defendant Ann E, Wondle, or from placing her in fear of abUlle. 2. The defendant is enjoined from having any direct or indirect contact with the p1ainliff except by written communicalion. This written communication will not be threatening or annoying to the plaintiff. and wiD be for the 1imi\Cd purpollC of communicating about the children. 3. The defendant is ordered to refrain from haraasing and stalking the plainliff and from haraasing the plaintiffs relatives. 4. The defendant is prohibited from entering the plaintiffs school. S. The defendant is prohibited from removirl& damagin& destroying or 1IC1Iing any property owned by the plaintiff, 6, The defendant is excluded from the plainliffs residence located at lSS5 McC1urcI Gap Road, Cartis1e, ClDllberlAnd Comly, Pennsylvania, and any other residence the plainliff may OItabliah. 7, The court COIIte and fees are waM:d. ? - II,' 1,1 '1,'1 ,'1 Ii II,! " 10' iI' " ;'"i, ;'/! ,. ",; ,'I ~flli "', p 'Ii " , _,I ;" - q " ,,~;, ~ p'f().'~ " · S"1 '1' )Trf)V1~\1 ~~Il.U<l~ 'il' " ; \ !\j i ,. \ ,f L' II ;1' .iL " " ,,'1/1 ,)1 , ,Il , ' ~ " " " !I i , , JiH " ",j, 1;""11,,, " \/1,"" !~,-I'i;\lhl?,1 -ii' 1>,,1,,:1 , ,,' .." ,.,"' ,","'""" )~U~('II,.r': '.:' :;.-. ",.;11I\' I~ '1.1' L.., "1.1 \oi.J """I ':)f,,. JjS t.O I\"J' .. ,.. ",,:; I "11. ^ .11..1:\ ,\.I1 ,~.,< '.. -' - 3:}.;~:lGU::J \H , , " " , " , , ,'Ii l. ,Ij l, " Ii' " , ~0 II, /i'l (i " ,f)l, ,', Ann E, Wendlo, : IN TIlE COURT OF COMMON PLEAS OF Plainliff : CUMBERLAND COUNTY, PIiNNSYl.V ANIA v, : NO. 97- 5079 CIVn. TERM JIIIlCI H, RIIIIOIl, : PROTECTION FROM ABUSE Dcifendant CONSENT AGREEMENT ')_,-l~ Thla Agreement iI entered on thiI cx2..._ day ofSeptcmber. 1997, by the plainlitf, Ann E, Wcndle, and the defendant, James H. RII88CU, '\bc plainliff is reprcacnted by Joan Cue)' of LEGAL SERVICES, INC.; the defendant is unrcpl'C8CIItcd but .. awere of hia right to h.Ivl: an attorney, The parlics agree that the foUowing may be enlercd 18 an Order of COllrt. I. The defendant, James H, RU8/Iel~ agrees to refrain from abll8ing the p1ainIiff, Ann E. Wendle, or from placing her in fear of abUlIC. 2. The defendant agrees not 10 have any direct or indirect contact with the plainliff except by written communication. This written commlDlicalion will not be threatening or annoyina 10 the p1ainIiff, and will be for the limited purpoec of commlDlicating about the children, 3. The: defendant agrees not 10 baraas and stalk the plaintiff and not 10 bar.. the p1aintiff's relatives. 4. The defendant agrees not 10 enlcr the plaintifl'sllChool. S. The defendant agrccs not to remove, damage, destroy, or IICD any proporty owned by the plaintiff. 6. The defendant agrees 10 slay away from the plaintift's lll8idence located at 1555 McClures Gap Road, Cartiale, C"umberland County, PellMYlvuria, and any other residence the pWnIiff may establish.