HomeMy WebLinkAbout97-05143
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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,
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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,
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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.
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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
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