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Home My WebLink About97-06023 ~ 'l , " '1 ~ ~ ~ " ~ 't. ~ ..c: \t) t ~ =' . - .... I I , .., i '1 I ~) ~j ~J ~ \,., \ "'\ \ / I , I I , J i ! I -n UIUI.'-. .....:< , ,11IMNI1lQW><:' ~.I'~riN 1717I.... . '.' ...cnlJaa~.. . ,',,:', ..;. ..............,..... -',-,'.'. . " __ *-tlm""" . .... ...1717I" . . , , ,.004 _.~- _',lI'P_ I--~- laurn A. Shughart, Plaintiff I N TilE (,f1{1RT Of C'OMW1N paMi Of CliMflERIANO COUNTY, PENNSYLVAN I A v. NO. 97-6023 CIVIL TERM Chris C. Bussard, Defendnnt PROTECTION fROM ABUSE t )'t~QIP.CTl!tl'f.....QRIlliR AND NOW, this /-Lt. day of November, 1997, ~pon consideration of the Consent Agreement of the pnrties, tho following Order is entered: 1. The defendunt, Chris C. Bussard, is enjoined from physically ubusing tho plaintiff, Laurn A Shughart, or from placing her in fear of abuse. 2, The defendant is ordered to refrain from harassing and stalking the plaintiff und from harassing the plaintiff's relatives. J. The defendant Is prohibited from entering the ptaintiff's place of employment or her school. 4. Tho defendant is prohibited from removing, damaging, destroying or sell in8 any property owned by the plaintiff. 5, The defendant is ordered to stay away from the plaintiff's residence located at 25 Rolling Drive, Carlisle, Cumberland County, Pennsylvania, and nny other residence the plaintiff may establish. 6. The court vosts and fees are waived. 7. This Ordor shall remain in effect for a period of one year or until modified or terminated by the Court. The Order can he extended hcynflll its origin,,1 t"l'irntion dnte if the Court finds that the defendant has co~nittcd another act of ahuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. R. A violation of this Order may suhject the defendant to: i) arrest under 23 Pa.C.S, g6113; ii) a private criminal complaint under 23 Pa.C.S. g6It3.t; iii) a charge of indirect criminal contempt under 23 Pa,C'.S. g61t4, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C'.S. D6114.!.Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 9. The Carlisle Police Department shal I be provided with a certified copy of this Order by the plaintiff's attorney 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 a police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessarf delay before the court that issued the order. When that court is unavlli lable. the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. g 61t3). ::':""k." J.d.. B Joan Carey Attorney for Plaintiff ~~-"~...(<4. "/ AS 1'1": .2> y, Edward W. Harker Attorney for Defendnnt I r \ : , ~ ; Luuru A. Shughart, Plaint i ff r N TilE rOlJRT OF rOMMoN Pl.EAS Of ClIMI\ERl.ANO rOlJNTY, PENNSYI.VANIA v. NO. Q7-1102J CIVIl. TERM Chris C, I\ussnrd, Defenrlunt PROTECT I ON FROM AntJS E CONSENT AllliEEMENT This Agreement Is entered on this _lL day of Novemher, 1997, by the plnlntlff. l.uuru A. Shughart. and the defendant. Chris C. Bussard. The plaintiff Is represented by Joan Carey of LEGAL SERVICES, INC.; the defendunt Is represented by Edward W. Harker. The purties agree that the fol lowing may be entered as an Order of Court. I. The defendunt, Chris C. Bussard, agrees to refrain from abusing the plaintiff. Laura A. Shughart, or from placing her in fear of abuse. 2. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's relatives. J, The defendant ugrees not to enter the plaintiff's place of employment or her school, 4. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff. S. The defendnnt agrees to stay awny from the plaintiff's residence located nt 2S RoIling Drive, Cnrlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 6. The defendant, although entering into this Agreement, does not admit the ullegations Illude in the Petition. .' 7. The defendant understands that the Protection Order entered in this matter will he in effect for u period of one year and can be extended beyond It original expiration dute if the Court finds that the defendant hus committed another act of ubusc or has enguged In a pattern or practice that Indicates continued risk of harm to the plulntlff. The defendant understands that this order will be enforceuble in the same munner as the court's prior Temporary Protection Order entered in this case. 8. Violation of the Protection order muy subject the defendant to: i) arrest under 23 Pa.C,S. g6113j I I) a private criminal complaint under 23 Pa.C.S, g6t13.1j iii) a charge of indirect criminal contempt under 23 Pa.C.S. g6114. punishable by imprisonment up to six months and a finc of $IOO.OO-$t,OOO,OO; und Iv) civil contempt undcr 23 Pa.C.S. g6114.1. WHEREFORE, the purties requcst thut a Protcction Order be entered to reflect \ I) , I the abovc /( B d~" II A. . u~rt, , J ~L-// ( o'lIn Carey t7 Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA t7013 (717) 243-9400 Edwar W. lIarkcr Atto ney for Defcndant I West High Street Carlisle, PA 17013 (717) 243-1083 .,.. L() -- f. Ci. U'. "'- .. , i ...~ n - , } , lU- _ : ; LI"';' ::: :-:1,. ~. , 10- ...., ..- ~ ~lr-, <::1 , , ~F~ N ,- :.-' ( i u:l. c: . ., ..'- ~. ;..: "-.~ ..._", l5 r- G cr '. .- Laura A. Shughart, Pia I nt Iff IN THE COURT OF COMMON PLEAS OF CIIMAERLANO COUNTY, PENNSYJ.VANIA v. NO. 97-6023 CIVIl. TERM chris C. Bussard, Defenrinnt PROTECTION FROM AAUSE AND NOW, Ji9~;R l:'QlL,mtfnJIIIlA.NCB '-1'/ . this day of November, 19'17, upon considerntlon of the attnched Motion for Contlnunnce, the matter scheduled for bearing on November 6, 19Q7, at 2:30 p.m. In Courtroom No. I, by this Court's Order of October 30, 1997, is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection Order shal I remain In effect for one year or until modified or terminated by the court. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. A certified copy of this Order for Continunnce will be provided to the Carlisle Police Depnrtment by the plaintiff's attorney. By the Court, Joan Carey _ ~,jJ 9':HJt... II' -,.q) Attorney for Plaintiff Edwurd W. Hllrker . ...rdu. 11,,~J;tI 11/7/<;) Attorney for Defendant / -i'-,' . ~ - - .. or _ . fU'D-{)r,'j\.~f c:- . . -r ' . ~I'!il 97 MC'I-7 P;'l 3: fl J CU\b:::,',.1) \,I..L.'NT( f"":"~'!I\" 'I'A ~J'tjh""IL...' 1 " Laura A. Shughart, Plaintiff IN THE COURT OF COMMON PI.EAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Q7-602] CIVIL TERM chris C. Bussard, Defendant PROTECTION FROM ABUSE MQTION fOR CONTINtJANCf. The plaintiff, by the through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Ord.H continuing generally the hearing In the above-captioned case on the grounds that: t. A Temporary Protection Order was Issued by this Court on October ]0, tQQ7. schedul ing 1\ hearing for November 6, 1997, at 2:]0 p.m. 2. The Cumberland County Sheriff's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order. J. The defendant has retained Edward W. Harker to represent him in the matter. 4. The parties by and through their counsel agree that the hearing be generally continued to afford them time to e~ecute a Consent Agreement. 5. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 6. A certified copy of the Order for Cont inuance will be delivered to the Carlisle Police Department by the attorney for the p I a i n t iff. WHEREfORE, the pluintiFF rC4uests thut the Court grunt this Mnl ion und conI inue this mut t'H generally, and thut the Temporary Protect ion Order remain in effect unt i I further order of Court. RespectFully submittl!d, 1b-rt-~~., ~;;rey, At tornt} for Plaint I rr LEGAL SERVICES, INC. B Irvine Row Carlisle, PA 17013 (7t7) 243-9400 r:'~ r-C)-(i"TCe- C,":., :"' ';'~: 1~::':T!~~'( '171;m.oj t..~ 10: 1.3 (.u ' '. ", r', "rrv ,/:..,..: 1L~,\'.j J\..i\Jd, r p::',\;,,:;.LvAM,\ " " Laura A. Shughart, : IN THE COURT OF COMMON PLEAS OF Plaintiff Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97- v.OJ 3 CIVIL TERM : PROTECTION FROM ABUSE v. Chris C. Bussard, TEMPORARY PROTECTION ORDER AND NOW, this ~ ~y of October, 1997, upon presentation and consideration of the withir. Petition, and upon finding that the plaintiff, Laura A. Shughart, now residing at 2S Rolling Drive, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Chris C. Bussard, the following Temporary Order is entered. The defendant, Chris C. Bussard, (SSN: unknown and date of birth: 1017170) now residing at 291 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Laura A. Shughart, or placing her in fear of abuse. The defendli/lt is ordered to stay away from the plaintiffs residence located at 2S Rolling Drive, Carlisle, 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 plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiffs relatives. The defendant is enjoined from entering the plaintiffs place of employment or school. The defendant is enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. / A violation or this Order may subject the derendant to: I) arrest under 13 Pa.C.S. 16113; 11) a private criminal complaint under 13 Pa.C,S, 16113,1; Iii) a charae or Indirect criminal contempt under 13 Pa,C.S, 16114, punishable by imprisonment up to six months and a fine or SI00.oo.SI,OOO.OO; and Iv) civil contempt under 13 Pa.C.S. 16114.1. Resumption or co-residence on the part of the plaintiff and defendant shall not nulliry the provisions of the court order. 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 committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. A hearing shall be held on this matter on the 'dJay of ~ 1997, at J:Jd '.m., in Courtroom NoL, Cumberland County Courthouse, Carlisle, Pennsyivania. The plaintiff may proceed without pre'payment of fees pending further order of court. The Cumberland County Sheriffs Department shall attempt to make service at the plaintiffs 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 send a copy of this Order to the defendant by mail. The Carlisle Police Department will 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 Laura A. Shughart, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97. CIVIL TERM Chris C. Bussard, 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 attorney 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 plaintiff. 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 ofSZ5.00 will be assessed against you. You may also be required to pay up to S250.00 to reimburse one of Legal Services Inc. 's funding sources for Legal Services, Inc. 's representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, 10 to or telephone the office set forth below to find out where you can let lelal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240,6200 AMERICANS WITH 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 hearing or business before the court. You must attend the scheduled conference or hearing. Laura A. Shughart, : IN THE COURT OF COMMON PLEAS OF Plainti ff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97- l;O.J3 CIVIL TERM Chris C. Bussard, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 13 h.C.S, t 6101 el seq, A. ABUSE 1. The plaintiff, Laura A. Shughart, is an adult individual residing at 2S Rolling Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Chris C. Bussard, (SSN: unknown) (Date of Birth: 1017170), is an adult individual residing at 291 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3 The defendant has had an intimate relationship with the plaintiff. 4 Since approximately 1995, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly cOr.1mined acts 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 22, 1997, the defendant threatened to "beat" the plaintiff so that she would need to be hospitalized and he further threatened to kill her causing her to fear for her Ii fe. The defendant then hit the plaintiff with his hand several times on her leg and kicked her causing redness. b. In or about July 1997, the defendant repeatedly slapped the plaintiff about the head and face. grabbed her, pushed her to the floor, straddled her, and choked her causing her 10 have difficulty breathing. The plaintiff suffered pain and bruises as a result of this incident. c. In or about June 1997. the defendant threw a telephone book at the plaintiff such that the book hit her head causing her to fall to the floor in pain. The defendant pushed flour and eggs off of the counter and onto the plaintiff. d, In or about December 1996, the defendant threw the plaintiff, who was naked, outside in the snow and refused to let her back into the residence for approximately five minutes. e. In or about November 1996, the defendant repeatedly punched the plaintiff about the head and back causing swelling on her head and bruising on her back. f. In or about May 1996, the defendant grabbed the telephone away from the plaintiff as she attempted to call for help, restrained her, and attempted to rape her. The defendant struggled with the 2 plaintiff attempting to take off her clothing as she screamed for him to stop, The defendant threw the plaintiff onto the floor and ,; " kicked her several times causing bruises. I I l' g. In or about March 1996, the defendant raised his hand as if to hit the plaintiff causing her to fear for her safety and leave the residence. When the plaintiff returned to the residence later that night, tile defendant grabbed her, dragged her down the stairs, and threw her out the door. h. On several different occasions since approximately 1995, the defendant has shoved, choked, punched, slapped and kicked the plaintiff. On one occasion, the defendant threw the plaintiff into a door frame causing a cut,bruises, and swelling on her head. The defendant has broken the windshield on the plaintiffs car by kicking it when she was driving causing her to fear for her safety. 5. On or about June 20, 1997, the plaintiff left the residence at 291 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, in order to avoid further abuse. 6. 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. 7. 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. 3 8, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiffs relatives. 9, The plaintiff desires that the defendant be restrained from entering her place of employment or school. 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. B. EXCLUSIVE POSSESSION II. The 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. 12. The defendant has his own residence located at 291 Lincoln Street, Carlisle, Pennsylvania. C. REIMBURSEMENT FOR COST OF CASE 13. 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. ~ 6101 ~ ~., 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 placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect 4 y contact with the plaintiff including, but not limited to, telephone and wriuen communications, 3, Ordering the defenC:antto refrain from harassing and stalking the plaintiff and from harassing the plaintifrs relatives. 4. Order the defendant to refrain from entering the plaintiff's place of employment or school. ,. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintifrs residence located at 25 Rolling Drive, Carlisle, Cumberland County, Pennsylvania, and any other residence Ihe 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: I. Ordering the defendant to refrain from abusing the plaintiff or 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 wriuen communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintifrs relatives. 4. Prohibiting the defendant from entering the plaintifrs 5 place of employment or school. 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 plaintifrs residence located at 25 Rolling Drive, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 7. Ordering the defendant to pay $250.00 to reimburse one of Legal Services, Inc. 's funding sources for the cost of litigating this case. 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 Carlisle Police Department which has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, (~1 *~ ''>OJ ,;//../( '.--::r- ':Joan Carey, Attorney fOl"Plaintiff LEGAL SERVICES, INC, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 6 The abov1:-/WIlcd plainliff, uura A Shug/wt, verifies I!w the llatemenll made in the abow Petition are true and correct. The plaintiff undcrsWlda that false slatemenll herein are made subject to the penalties of 18 Pa.C.S. g 4904 relating to unsworn fllBitication to authorities. OIlc:[Qjl.J. crL ~ ~------\ f- ( "- ... v..:.IA.1 ~'< '. : tiiT" . 'oj .1 j' "- l~ ~ ..; ...t ~ " 'L I}- , '" '" Q 0 " 0 J ~ 4!J j J '1 ~