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HomeMy WebLinkAbout97-05720 ~ ~ " q: tJ r \, ~ - , . , .:) "<j ~ C' \() , t- ~ . Q < j\ ,) I I) " " CONNIE JEAN CAREY, Plaint ill' : IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYL VANIA NO. 97.__;17 ~____ CIVIL TERM JAMES BRYAN CAREY, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this I 17 r~~y of October. 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintilT, Connie Jean Carey, now residing at 130 West Ridge Street. Apt. 2, Carlisle, Cumberland County, Pennsylvania. is in immediate and present danger of abuse from the defendant. James Bryan Carey, the following Temporary Order is entered. The defendant. James Bryan Carey. (SSN: l68.48.3789)(DOB: 02/27/60). is an adult individual residing at 16 North Pill Street, Carlisle. Cumberland County, Pennsylvania. is hereby enjoined from physically abusing the plaintiff, Connie Jean Carey, or from placing her in fear of abuse, The defendant is excluded from the plaintiffs residence located at 130 West Ridge Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania, a residence which is leased by the plaintiff. and is ordered to stay away from any residence the plaintiff may establish for herself. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff or her minor child including, but not limited to, telephone and wrillen communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing Inr child. The defendant is enjoined from entering the plaintiffs place of employment. The defendant is enjoined from removing, damaging. destroying or selling any property owned jointly by the parties or owned by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. g611J; Ii) a private criminal complaint under 23 Pa.C.S. fi611J,I; Iii) a charge of Indirect criminal contempt under 23 Pa.CoS. g6114, punishable by imprisonment up to Sil months and a fine or5100.06-$I,OOO.OO; and iv) civil contempt under 2J Pa.C.S. fi6114.1. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has commilted an act of abuse or has engaged in a paltem or pra~tice that indicates risk of harm to the plaintiff. A nEARING SHALL BE HELD ON TillS MATfERON THE~DAY OF OCTOBER, 1997, AT g':.3 0 /J.M.,IN COURTROOM NO. _5, 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 County Sheriffs Department shall altempt to make service at the plaintiffs 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 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 mail. The Carlisle Police Department shall be provided with a certified copy of this Order by the plaintiffs 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 commiued 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. ~6113). By the Court, . Judge I Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff ( ,~ r. -'. " , " .~ ,,' I" ""'- A ,.. ~- ---~ .~ CONNIE JEAN CAREY, PlaintilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO, 97. fl.Ju CIVIL TERM JAMES BRYAN CAREY, Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by allomey at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintilT, You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you, YOll may also be required to pay allorney fees to Legal Services, Inc, for their representation of the plaintiff You should take this paper to your lawyer at once. If you do not have a lawyer or cannot alTord one, go tu or telephone the office set forth below to find out where you ean get legal help, COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240.6200 AMERICANS WITII DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearins or business before the court, ':'\ CONNIE JEAN CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97. t/'J ..Ji.' CIVIL TERM JAMES DRY AN CAREY, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER TilE PROTECTION FROM ABUSE ACT 23 Pa,C.S. ~6101 et seq. A. ABUSE 1. The plaintiff. Connie Jean Carey. is an adult individual residing at 130 West Ridge Street, Apt. 2, Carlisle, Cumberland County. Pennsylvania 17013. 2. The defendant. James Bryan Carey, (SSN: 1 68.48.3789)(DOB: 02/27/60), is an adult individual residing at 16 North Pitt Strect, Carlisle. Cumberland County, Pennsylvania 17013. 3. The defendant is the husband of the plaintiff, 4, Since approximately July 1996. the defendant has attempted to cause and has intentionally, knowingly, or fecklessly caused serious bodily harm to the plaintiff. has placed her in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct Of repeatedly committed act~ toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included. but is not limited to. the following specific instances of abuse: a) On or about October 5, 1997. the defendant called the plaintiff names, jumped up off of the couch sCfeaming at her, shoved her from behind with such force that she fell head first striking her face against the washing machine and fell to the lloor. As the plaintiff lay on the floor bleeding from injuries to her mouth and face, the defendant gathered his shocs and shirt and ran from the house. The plaintiff sought help from her neighbors who telcphoned 911. The Carlisle Police responded and the plaint ill' was transported to Carlisle 1I0spital by ambulance where she underwent emergency surgery on her mouth and face for injuries she sustained as a result of this incident, Thc policc locatcd the tlefendant, charged him with simple assault, and arrcsted him Thc defendant was released on his own recognizance pending the preliminary hearing on the criminal charges scheduled for November 6, 1997, at 1:30 p.rn, before District Justice Correal. b) On or about September 30, 1997. the defendant jumped up from his seat, approached the plaintiff in an aggressive manner causing her to fear he was going to strike her. and stood in close proximity to her screaming obscenities at her causing her to fear for her safety. c) On or about April 28, 1997, the defendant screamed at the plaintiff, called her names, and pushed her about. d) On or about July 4. 1996, the defendant became argumentative, screamed at the plaintiff, and threatened her saying that hers would be the next body they (police) find (referring to the 3 murdcrs that occured in Carlisle early in 1996) because he was going to shoot her. The plaintiff telephoncd the police for help. When the police arrived. the dcfendant dcnied threatening the plaintiff. The plaintiff left the home for the night for her own safety and to avoid further abuse. e) Since approximately July 1995, the defendant has abused the plaintiff in ways including, but not limited to, screaming and yelling at her, calling her names, pushing and shoving her about, raising his fist at her causing her to fear he would strike her, and threatening her saying, "I'd beat the shit out of you, but you're not worth it." S, The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she remain in the home without the defendant's exclusion 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 plaintift. or hcr minor child including, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking her, and from harassing her minor child. 8. The plaintiff desires that the defendant be restrained from entering her place of employment. D. EXCLUSIVE POSSESSION 9. The apartment located at 130 West Ridge Street. Apt. 2, Carlisle, Cumberland County, Pennsylvania, from which the plaintiff is asking the Court to exclude the defendant is rented in the name of the plaintift: Connie Jean Carey. As a condition of his bail the defendant was ordered not to return to the property until after the preliminary hearing. The defendant has leased an apartment for himself and made arrangements to have his possessions removed from the plaintiffs residence on October 16, 1997, with the assistance of Constable York. e. SUPPORT 10. The defendant has a duty to support the plaintift~ 11. The plaintiff is in nced of financial support from the defendant including, but not limited to health insurance coverage and payment of unreimbursed medical expenses for the plaintiff. 12. The defendant is employed at Blessed Oliver Plunkett bar in Carlisle, and earns approximately $409 every 2 wecks, and receives a quartcrly bonus of approximately SSOO.oo. 13. The plaintill's income is insufficient to provide for her minimal needs until such time as a support order can be obtained by filing at the Domestic Relations Office. 14. The plaintiff intends to petition for support within two weeks of the issuance of a protection order. D. LOSSES AND REIMDIJRSEMENT (o'OR COST OF CASE IS. The plaintiff has sulfered losses as a rcsult of the abuse by the defendant. The losses are listed on Exhibit A attached, 16. The plaintifl' asks that the dcfendant be ordcred to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources, as reimbursement for the cost of litigating this case, and that the defendant be assessed the $25.00 surcharge and any court costs 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 ~K!1, as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order punuant to the "Protection from Abuse Act:" \. 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 or her minor child including, but not limited to, telephone and written communications. 3. Ordering the defcndant to refrain from harassing and stalking the plaintiff and from harassing her minor child, 4. Prohibiting the defendant from entering the plaintift's place of employment. 5. Granting possession of the apartment located at 130 West Ridge Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintiff may establish for herself pending a final order in this mailer. 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 eITect 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 or her minor child including, but not limited to, telephone and wrillen communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her minor child. 4. Prohibiting the defendant from entering the plaintift's place of employment. 5. Granting possession of the apartment located at 130 West Ridge Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant, and ordcring the defendant to stay away from any residence the plaintiff may establish for herself for the term of the Protection Order. 6. Granting support to the plaintiff in the amount of $25.00 per week payable to the plaintiff in the form ofa check or money order, mailed to her mailing address, and ordering the defendant to provide health coverage to the plaintiff, and ordering the defendant to pay all of the unreimbursed medical expenses of the plaintiff to the provider or to the plaintiff when she has paid for the medical treatment. 7. Ordering the defendant to reimburse the plaintiffs out.of.pocket losses suffered as a result of thc abuse including but not limited to the losses listed on thc allachcd shect marked Exhibit A. 8. Ordering the defendant to pay $250,00 to Cumbcrland County, one of Legal Services, Inc.'s tunding sources, as reimbursemcnt for the cost of litigating this case, and assessing the $25.00 surcharge and court costs to the defcndant if the case goes to hcaring, The plaintiff further asks that this Petition be filcd 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 dclivered to thc Carlisle Police Dcpartment which has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and propcr. Respectfully submilled, LEGAL SERVICES, INC, 8 Irvine Row Carlisle, PA 17013 (717) 243.9400 The above-named plaintiff. Connie Jean Carey, verifies that the statements made in the above Petition are true and correct The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S, ~4904 relating to unsworn falsification to authorities. .") n Date /{i - / (. - 9'7 Lt;-)vt~_ O.ea71 ~.~ Connie Jean Carey, r.1aintiff CONNIE JEAN CAREY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ' NO 97. CIVIL TERM JAMES BRYAN CAREY, Defendant PROTECTION FROM ABUSE OUT-OF-POCKET LOSSES The plaintilTrequests that the defendant reimburse her out-of-pocket losses, including but not limited to, the following Any and all medical expenses related to injuries the plaintiff sustained as a result of the defendant's abuse of her on or about October 5, 1997 (The Carlisle Hospital Emergency Room has not billed the plaintiff for treatment as of the Jiling of this petition). Physician's charge for emergency surgery $450.00 Ambulance charge 259.00 Carlisle Hospital Emergency Room charges (billing not received at the time of filing Petition) . EXHIBIT A ".) '. ~l Vi .. ,1 ""-.( -.:p. j ] ~ .... ~ ~~ (~ I J~ ' . '" t.:-'" ( .1.1 1i. : , ,- '-' ~ ~ CONNIE JEAN CAREY. Plaintitl' IN nlE COURT OF COMMON I'LEAS 01' CUMBERLAND COUNTY, PENNSYLVANIA v, NO 97.5720 CIVIL TERM JAMES BRYAN CAREY, Defendant PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this~day of Octobcr, 1997. upon consideration of the Consent Agreement of the parties. the lilllowing Ordcr is cntcrcd I, The defendant, James Bryan Carey. is enjoined frol11 physically abusing the plaintiff. Connie Jean Carey, or from placing hcr in fear of abuse. 2, The defcndant is enjoined from having any direct or indirect contact with the plaintitT or her minor child including. but not limited to, telephone and wrillen communications ), The defcndant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives and her minor child 4. The defendant is prohibited Irom entering the plaintitl's place of employment. 5. The defendant is prohibited from removing. damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties, 6, The defendant is excluded from the plaintitfs residence located at 130 West Ridge Street, Apt. 2, Carlisle. Cumberland County, Pennsylvania, and is ordered to stay away from any residence the plaintiff may in the future establish for herself 7, The defendant is ordered to reimburse the plaintiff's out-of.pocketlosses suffered as a result of the incident which occured on or about October 5. 1997, including, but not limited to, the losses listed on the attached sheet marked Exhibit A. The defendant shall commence payment of losses within 5 days of the entry of the Protection Order, paying the total amount of losses directly to the service providers (Carlisle 1I0spital, $11000. Carlisle Community Ambulance Service, $25000, and Drs. Currie & lIecht $450.00) according to a payment schedule arranged by the defendant with the respective service providers, with the total amount of costs to be paid by the defendant to the service providers within 12 months of the entry of the Protection Order. An award under this chapter shall not constitute a bar to litigation for civil damages for injuries sustained from the acts of abuse giving rise to the award or a finding of contempt under this chapter. g, Court costs and fees are waived. 9. 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 commilled an act of abuse or has engaged in a pall em 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. 10. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~61 13; ii) a private criminal complaint under 23 Pa,C.S. ~61 13, I; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6Il4, punishable by imprisonment up to six months and a fine of $]00.00.$1.000.00; and iv) civil contempt under 23 PaCS ~6114.1 II. The Carlisle Police Department shall be provided with a certilied copy of this Order by the plaintiff's allorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is una....ailable, the defendant shall be taken before the appropriate district justice. (23 Pa.CS. ~6113), By the Court, Joan Carey LEGAL SERVICES, INC, Allomey for Plaintiff James Bryan Carey, Defendant 16 North Pill Street. At" J. Carlisle, P A 17013 Cumberland County Victim Witness Program Cumberland County Courthouse Carlisle Hospital 246 Parker Street Carlisle. PA 17013 Drs. Currie & Hecht 338 Alexander Spring Road Carlisle. PA 17013 Carlisle Community Ambulance Service P.O Box 100, Billing Department Carlisle. PA 17013 t.<.'"t~ ""' -y,~.L.L Id J.J!$J ~1.,~ ~1. CONNIE JEAN CAREY, Plainliff : IN TIlE COURT OF COMMON PLEAS or : CUMBERLAND COUNTY, PENNSYLVANIA v. NO 97.5720 CIVIL TERM JAMES BRYAN CAREY, Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT .1> - This Agreement is entered on this n day of October, 1997, by the plaintiff, Connie Jean Carey. and the defendant. James Bryan Carey, The plaintiff 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 following may be entered as an Order of Court. I, The defendant, James Bryan Carey, agrees to refrain from abusing the plaintiff, Connie Jean Carey, or from placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff or her minor child including, but not limited to, telephone and written communications, 3. The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives and her minor child, 4. The defendant agrees not to enter the plaintill's place of employment. 5. The defendant agrees not to remove, damage. destroy, or sell any property owned by the plaintiff or jointly owned by the parties, 6. The defendant agrees to stay away from the plaint ill's residence located at 130 West Ridge Street. Apt. 2, Carlisle. Cumberland County, Pennsylvania, and the defendant agrees to stay away from any residence the plaintiff may in the future establish for herself 7, The defendant agrees to reimburse the plaintill's out.of.pocket losses (medical costs) of approximately $810,00 suffered as a result of the abuse incident which occured on or ab<;ut October 5, 1997. including. but not limited to, the losses listed on the attached sheet marked Exhibit A. The defendant agrees to commcncc payment of losscs within 5 days of the entry of the Protection Order, paying the total amount of losses dircctly to the service providers (Carlisle Hospital, $110,00, Carlisle Community Ambulance Service, $250.00, and Drs. Currie & Hecht $450.00) according to a payment schedule arranged by the defendant with the respective service providers, with the total amount of costs to be paid by the dcfendant to the servicol: providers within 12 months oflhe entry oflhe Protection Order. 8. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition, 9, The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (I) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff, The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. Violation of the Protection Order may subject the defendant 10: i) arrest under 23 Pa.C.S. 96113; ii) a private criminal complaint under 23 Pa.C.S. 96113.1; iii) a charge of indirect criminal contempt under 23 Pa,C.S. 96114, punishable by imprisonment up to six months and a fine ofSIOO.OO.$I.OOO,OO; and iv) civil contempt under 23 Pa,C.S. 96114, I. WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms, C~d~ r~_ Connie Jean ey. Plainlln' V I l/t/Y' / oan Carey, Attorney fof Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle. P A 17013 (717) 243.9400 CONNIE JEAN CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v, NO. 97-5720 CIVIL TERM JAMES BRYAN CAREY, Defendant PROTECTION FROM ABUSE OUT-OF-POCKET LOSSES The plaintiff requests that the defendant reimburse her out.of.pocketlosses, including but not limited to, the following: Any and all medical expenses related to injuries the plaintiff sustained as a result of the defendant's abuse of her on or about October 5, 1997, Physician's charge for emergency surgery $450.00 Ambulance charge 250.00 Carlisle Hospital TOTAL 110,00 5810.00 EXHIBIT A