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HomeMy WebLinkAbout97-05143 -, I ..... i .~ ... ~ \ I ~ I \ I , { ~ - . .. ~ .... c;::.) ~ ..... ~ . t'-- C-' ..' ../ , / if fllwn E, Re Ige I , Plaintiff IN THE COURT OF COMMON PLEAS Of v, CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5lJ1.3CIVIL TERM PROTECTION fROM ABUSE Jonathan S. Voigt, Defendllnt AND NOW, t his TEMPORARV PROTECTION ORDER Jt" l~dllY of September, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, fawn E. Reigel, now residing at 18 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania, is in immedillte and present danger of abuse from the defendant, Jonathan S, Voigt, the following Temporary Order is entered, The defendant, Jonathan S, Voigt, (SSN: unknown and date of birth: 10/16/71) now residing at 23 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, fnwn E, Reigel, or from placing her in fear of abuse, The defendant is ordered to stay awny from the plaintiff's residence located at 18 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is not owned or leased by the defendant, and any other residence the plaintiff may establish. The defendant is ordered to refrain from having any direct or Indirect contact with the plnintlff including, but not limited to, telephone and written communications, The defendant is enjoined from harassing and stalking the plaintiff nnd from harassing the plaintiff's relatives, ..~ :- [., 'r<. '..-'r::~ '~,' ," 1"'. ~1\' :.a:.r 97 ,~O ?' ..., .,) "'\'11: ?'J ',. I . ~ .. ,...... ' , , "-" "" wJ'Ii~: ~'l'. ',\,_, '.n~"_{,i: 1 P;:'\li\S:Iv'1Nli\ " This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service, The Prothonotary shall not send a copy of this Order to the defendant by mall, The Hampden Township Police Department will be provided with a certified copy of this Order by the plaintiff'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 cause that this Order 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 unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S, g 6113), the plaintiff by the arm and threatencd that if she did not allow him In to talk to her, he would burn her alive causing her to fcar for her life. b. In or about November 1992, the defendant grabbed the plaintiff by the neck, choked her, and stated that he had taken cnough pills to kill himself and threatened that he was not going to be the only one to die causing thc plaintiff to fear for her life. c. In or about Christmas 1995, the defendant became angry and choked the plaintiff causing her to fear for her safety, d. In or about February 1996, the defendant choked the plaintiff, e. In or about May 1996, thc defendant threatened to kill the plaintiff, came at her with closed fists, and growled at her like a dog causing her to fear for her safety. f, In or about March 1997, the defendant threatened to kill the plaintiff, her daughter, her son, and hlms~lf causing her to fear for herself and her children. g, In or about September 1997, the defendant, who had broken a window and smashed a door at his parent's home the night before, told the plaintiff he was a "danger" and that he had thought about suicide all day causing 2 her to fear for her safety, h. On several occasion since March 1997, the defendant has threatened to kill the plaintiff and her daughter causing her to fear for the life of her daughter and herself, 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 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 the plaintiff's relatives. 8, The plaintiff desires that the defendant be restrained from entering her place of employment or the school of her minor child. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff, II. EX.!;1J}SIVE POSSESSION 10, The mobile 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, J 11. The defendant has his own residence located at 23 Victor Drive, Mechanicsburg, Pennsylvania. C. RElMDY&3~T POR COST OP CASE 12. The plaintiff asks that the defendant be ordered to pay $250,00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa,C,S. g 6101 tl .I!.ll.!l" 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 abusc. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limi~ed to, telephone and written communications, 3. Ordering thc 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 employmcnt and the school of her minor child. 4 S. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 18 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared, and any other residence the plaintiff may establish, 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: 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 communicatlons, 3. 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 or the school of her minor child. S. Prohibiting the defendant from removing, S The above-named plaintiff. Fawn E, Reigel. verifies that the statements made in the above Petition are true and correct. The Date: q, {9- 11 9fl ~p 1')1/ t. R ~ o~ Fawn E. Reigel. -Pia ntiff plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C,S, g 4904 relating to unsworn falsification to authorities. ~ 'tl . ". . 'I \ 1 ;' i , , \ t , , ~' -':~~'~-~'....,.., F~-':':--:-:- 7. The court costs and Cees are waived. 8, This Order shall remain in eCCect Cor a period oC one year or until modiCied or terminated by the Court. The Order can be extended beyond its original expirstion date iC the Court finds that the deCendant has committed another act oC abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiCC. 9, A violation oC this Order may subject the deCendant to: i) arrest under 23 Pa,C,S, g6113; ii) a private criminal complaint under 23 Pa,C,S. D6113.1; iii) a charge of indirect criminal contempt under 23 Pa,C,S. g6II4, punishable by imprisonment up to six months and a Cine oC $100,00-$1,000.00; and iv) civil contempt under 23 Pa.C.S, g6114.1. Resumption oC co-residence on the part of the plaintiCC and deCendant shall not nulliCy the provisions of the court order. 10, The Hampden Township Police Department shall be provided with a certified copy of this Order by the plaintiCC's attorney and may enCorce this Order by arrest Cor indirect criminal contempt without warrant upon probable cause that this Order has been violated. whether or not the violation is committed in the presence of a police officer. In the event that an arrest is made under this section. the deCendant shall be taken without unnecessary delay beCore the court that issued the order. When that court is unavailable. the deCendant shall be taken before the appropriate district justice. (23 Pa,C.S. 8 6113) , By the Court, Joan Carey Attorney for Plaintiff Jonathan S. Voigt Pro Se r, Judge -4 ~ f: r.'" r'" ~ 1-::.. .~ ! , 0 11' -.. ~ l. l ;..-'.., ~ , V] ~); ( (:. ~ -4 11',: (", .i b': t', ., ., ::11 .' ..... I J. P. .- :_1 U <:J' U f: