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OFFICE OF THE DISTRICT ATTORNEY
OF CUMBERLAND COUNTY
ONE COURTHOUSE SQUARE
CARUSLE. ~INNSVLVANIA 17013
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Laralyn Durange,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 97-'~'IJCIVIL TERM
v.
James Thomas Joy,
Defendant
PROTECTION FROM ABUSE
TEMPORARY PROTf,CTION~~
AND NOW, this 2~1tt. day of November, 1997, upon
presentation and consideration of the within Petition, and upon
finding that the plaintiff, Laralyn Durange, now residing at 599
Newburg Road. Shlppensburg. Cumberland County, Pennsylvania, Is
In Immediate and present danger of abuse from the defendant.
James Thomas Joy, the following Temporary Order Is entered.
The defendant, James Thomas Joy, (SSN: 219-70-6010 and date
of birth: 7/13/56) now residing at 130 Timber Lane, Shlppensburg,
Cumberland County, Pennsylvania, is hereby enjoined from
physically abusing the plaintiff, Laralyn Durange. or from
placing her in fear of abuse.
The defendant Is ordered to stsy away from the plaintiff's
residence located at 599 Newburg Road, Shlppensburg, Cumberland
County, Pennsylvania. a residence which the defendant voluntarily
left in 1995, and any other residence the plaintiff may
establish. except for the limited purpose of transferring custody
of the parties' children. The defendant shall remain in his
vehicle at all times during the transfer of custody.
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, except for the limited
purpose of facilitating custody arrangements.
The defendant Is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives.
The defendant Is enjoined from removing, damaging,
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destroying or selling any property owned solely by the plaintiff.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa.C.S. 16113; II) a private criminal complaint
under 23 Pa.C.S. 16113.1; Iii) a charge of Indirect criminal
contempt under 23 Pa.C.S. 16114, punishable by imprisonment up to
slz months and a fine of $100.00-$1,000.00; and Iv) civil
contempt under 23 Pa.C.S. 16114.1. Resumption of co-residence on
the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
Thiu 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 -,,1Lt/ day of
,(/}/~~A'Yt/~ ,1997, at 9',' dO (l. .m.. in Courtroom No.~ ,
Cumberland County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
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.
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 Pennsylvania State 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
msde under thi9 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).
By the Court,
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Laralyn Durange,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-
CIVIL TERM
James Thomas Joy.
Defendant
PFOTECTION 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 fall 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
loae money or property or other rights important to you.
~ 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. You may
also be required to pay up to $250.00 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, go to or telephone the office Bet
forth below to find out where you can get legal 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.
phone. On several occasions, the defendant has driven
slowly by the plaintiff residence peering at the home which
causes the plaintiff to fear. The defendant has come
uninvited to the plaintiff's residence threatening to hit
her, take the children, and run over her with his vehicle
causing her to fear for her safety.
b. On or about October 30, 1997, when the plaintiff took
the parties' minor child to the defendant's residence, at
the defendant's request, for trick or treat night, the
defendant threatened to blow the plaintiff's brains out If
she did not get away from his door causing her to flee
fearing for her life and that of the child.
c. On or about October 21, 1997, the defendant threatened
the plslntlff saying that she better not forget he had a gun
and that he might decide to use It anytime causing her to
fear for her life.
d. On or about September 26, 1997, the defendant
threatened that the plaintiff better watch herself when
driving since she never knows when the breaks will not work
causing her to fear for her safety.
e. On or about August 4, 1997, the defendant threatened
the plaintiff saying that everyone would be better off if
she were dead causing her to fear for her life.
f. On or about August 5, 1997, the defendant drove by the
plaintiff's residence, pointed his finger at the plaintiff
2
as if it were a gun. pulled the trigger on his imaginary
gun. and laughed as he pretended to blow the smoke from the
gun causing her to fear for her safety.
g. since winter of 1983. the defendant has abuse the
piaintiff in ways including, but not limited to, the
following: he has kicked her. beaten her over her head with
his fists, slapped her. thrown her Into the wall. and
knocked her down. The defendant has threatened to burn down
the plaintiff's residence with her and the children inside,
and on several occasions, he has threatened to kill her and
himseif causing her to fear for her safety and the safety of
her children.
S. On or about December 3, 1993. the plaintiff and the two
minor children left their residence at 599 Newburg Road, Shippensburg,
Cumberland County, Pennsylvania, In order to avoid further abuse.
After the defendant left the residence In June 1995, the plaintiff and
the minor chiidren moved back Into the residence.
ro. 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. except for
the limited purpose of facilitating custody arrangements.
8. The plaintiff desires that the defendant be enjoined from
3
harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
9. The plaintiff desires that the defendant be enjoined from
removing, damaging, destroying or selling any property owned solely by
the plaint Iff.
B. BXCLUSIVB POSSESSION
10. The home from which the plaintiff is asking the Court to
order the defendant to stay away is a residence which the defendant
voluntarily left in 1995.
II. The defendant has his own residence located at 130 Timber
Lane, Shippensburg, PennRylvania.
C. LOSSES AND REjMftURSENBNT FOR COST OF CASB
I~. 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 llll.9.., as amended,
the plaintiff prays this Honorabie Court to grant the following
re lie f:
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 abuse.
4
2. Ordering the defendant to refrain from having any
direct or Indirect contact with the plaintiff
including. but not limited to, telephone and written
communications, except to facilitate custody
arrangements.
J. Ordering the defendant to refrain from harassing
and stalking the plaintiff and from harassing the
plaintlff's relatives.
4. Prohibiting the defendant from removing, damaging,
destroying or selling property owned SOlely by the
plaintiff.
S. Ordering the defendaht to stay away from the
plaintiff's residence located at 599 Newburg Road,
Shlppensburg, Cumberland County, Pennsylvania, and any I
other residence the plaintiff may establish, except for (
the limited purpose of transferring custody of the ~
parties' children. The defendant shall remain In his
vehicle at all times during the transfer of custody.
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
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including, but not limited to, telephone and written
communications, except to facilitate custody
arrangements.
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Ordering the defendant to refrain from harassing
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and stalking the plaintiff and from harassing the
plaintiff's relatives.
4.
Prohibiting the defendant from removing, damaging,
,
destroYing or selling property jOintly owned solely by
the plaintiff.
5. Ordering the defendant to stay away from the
plaintiff's residence located at 599 Newburg Road,
Shippensburg, Cumberland County, Pennsylvania, and any
other residence the plaintiff may establish, except for
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the limited purpose of transferring custody of the
parties' children. The defendant shall remain in his
vehicle at ali times during the transfer of custody.
6. Ordering the defendant to pay $250.00 to reimburse
one of Legal Servic~s, 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 piaintiff, pending a further
order at the hearing, and that a certified copy of this Petition and
Order be delivered to the PennSYlvania State Police Department which
has jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
Respectfully submitted,
J @t('/l
o Carey, Atto ney for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
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The above-named plaintiff. Laralyn Durange, verifies that
the statements made in the above Petition are true and correct.
The plaintiff understands that Calse statements herein are made
subject to the penalties of 18 Pa.C.S. B 4904 relating to unsworn
falsification to authorities.
Date: //- .:L / - <7'7
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Laralyn Dut8nge, PlaintF~
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SHERIFF'S RETURN - REGULAR
CASE NO. 1997-06~17 P
CO""ONWEALTH OF PENNSYLVANIA.
COUNTY OF CU"BERLAND
DURAN!]E LARALYN
VS.
JOY JA"ES THO"AS
KENNETH E. GOSSERT . Sh.riff or D.puty Sh.riff of
CU"BERLAND County, Penn.ylv.ni., who b.ing duly .worn .ocording
to l.w, ..y., the within PROTECTION FRO" ABUSE w.. .erved
upon JOY JA"ES THO"AS the
def.ndant,.t i710.00 HOURS, on the iiih d.y of November .
192Z .t 130 TI"BER LANE
SHIPPENSBURG. PA 172~7 .CU"BERLAND
County, Penn.ylvania, by h.nding to JA"ES T. JOY
. true and .tt..ted copy of the PROTECTION FRO" ABUSE .
tog.th.r with TE"PORARY PROTECTION ORDER .
.nd .t the .... time directing Hi. attention to the content. th.r.of.
Sheriff'. Co.t..
Dock.ting
Servic.
Affidavit
Surch.rge
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by
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Sworn .nd .ubacribed to before me
thi. ~ (. ~ d.y of ~... /'. ,
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LARAL YN DURANGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
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JAMES THOMAS JOY.
Defendant
CHARGE INDIRECT CRIMINAL CONTEMPT
v.
97-6517 CIVIL TERM
ORDER OF COURT
AND NOW. this _'t~ _ day of February. 1998, this Court certifies that the
attached complaint has been properly completed and verified, and there is probable cause
for the issuance of process, In consideration of the attached Commonwealth's Petition,
the defendant. JAMES THOMAS JOY, is directed tll appear for trial on the charge of
Indirect Criminal Contempt before the Court on the .~day of ~jI""JJ ~1998 at
~o'clock fL.m, in Courtroom # L of the Cumberland County Courthouse.ltarlisle,
Pennsylvania,
The defendant has a right to be represented by an attorney, If the defendant
cannot afford an attorney. upon request one will be assigned to represent the defendant. If
the defendant wishes assignment of counsel. contact should be made prior to trial with the
Cumberland County Public Defender's Office at 717-240-6285, Further, if the defendant
fails to appear. an arrest warrant will be issued,
The Sheriff of Cumberland County is directed to serve this Order and Petition
upon the defendant. The assessment of costs to be determined by the Trial Judge
subsequent to trial.
By the Court.
Michael S, Schwoyer
Chief Deputy District Attorney > ~ 1""''':'' .), 'I - 'I ,
JAMES THOMAS JOY
LARAL YN DURANGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
, CUMBERLAND COUNTY, PENNSYLVANIA
v
JAMES THOMAS JOY,
Defendant
: 97-6517 CIVIL TERM
: CHARGE INDIRECT CRIMINAL CONTEMPT
COMMONWEAL nl's PETITIWf.QR.A HEARING OJlilliARGES
OF INDIRECT CRIMINAL CONTEMPT
I\ll'
Michael S, Schwoyer, Chief Deputy District Allomey of Cumberland County,
Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
I. A Protection from Abuse Order was issued by the Court. A true and correct
copy of the Order is attached
2, The defendant's violation of this Order is averred in the attached crif"inal
complaint,
3. The victim requests the filing of an Indirect Criminal Contempt Charge.
4. The District Attorney's Office approves the filing of this criminal complaint.
5, The Commonwealth is requesting a hearing on the charges oflndirect Criminal
Contempt pursuant to 23 Pa.eS.^- ~ 6113,
6, The plaintiff and/or the defendant may seek modification of the Order based on
the filing oflhis petition as the Court deems appropriate following the trial in addition 10
any other sentence, 23 Pa.eS.A, ~611J,
WHEREFORE, the Commonwealth requests the defendant be commanded to
appear before the Court on the charge of Indirect Criminal Contempt,
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Re ectfully submitted.
COMMONWEALTH OF PENr-oSYLVANIA
COUNTY Of n'MBERI AND
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pOl.ln:
('RIMINAI. COMPI.AINT
W.. D-. N"
OJ ,_.... COMMONWEALTH OF PENNSYLVANIA
COMMONWEAUH OF PENNSYLVANIA
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CUMBERLAND ('OIJNTY
('OliRTHOUSE
('ARlISLE, PA
DUL'DA'U,
N4MI .... ADDAI.U
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lJu<kcl No.
D.le F.led
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JAMES THOMAS JOY
130 TIMBER I.ANE
Shlppen1burl. Pennlylvanla I1ZS1
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111 NatHe Amrnun
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119.70,6010
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9.',076
Di,,,,Cl "nomey', Omee 0 App,."..1 0 DIs.pp'."," b,......,
(Tn. Ou.lnel !\lIomey may requl"lh.llh. 'IImplllnl. .ncII...,ra"1 allhlnll, L1' buill be Jppmull b)' the .",Ullm..,. ror lh, Common..,..~1tI1 pnor to filill' Pall Cr,P 101,)
(N_ulA.tWnIrryb~c-.QlI1llllI..cllltb PlfMfPnnl,.I)pcl
tS'fll,MllIlI ,1IAIkJl1lC) rl.-l'unVIII,lIlwaldll
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I, D.I.ell". Lt/III. Roo ,...."1.'4
Name or Alll.llll . l'1cI.H Prilll L1' T)pc
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Ol1k_ o. NlIItlbnll 0
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On.iMun. A.tnl:y ('ue Nwnbcr tOC A)
OF C...b.ri."" C.."'Y Dlslrid An.'''''''J 0/11<-.. Crl.d".II."mlll.tI." Dlvlsl... P.~'1I0/JA
IdealitY 1>rpaJut.nl or AIICrll;)' RranKllIN IJllJ Puhu..:.1 S~I\ISIOn Pulice AlellC)' ORJ Nwnbcr
do hereby state: (cAn. approp"",r arrll)
l. l8I I accuse the above named defendant. .....ho h\'cs al the address set forth above Of,
o
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I acCUit the defcndanl \\hose name an unkno\\n 10 me bUllS descnbed as
IliCcuit the dc:fc:nllanl whose name: and popular dc:slgnallon or nickname IS unknmm 10 me and whom I have therefor designaled as
John Doc.
with 'flohumg the pcnalllJ\lis crlhe Commo""C:i.Ilth of Penns)'l...anla at $99 N,wb.." Ilo.d, SJdpP'"s/Ju'l In CII..b"'"",,1 ellu"" on or
about IH"Mbtr 1. 1991, O,e,,,.6,, J. 1197 "nd JIIII''',,,, 1/, /998
PartiCipants were:: Ilf the" ","en: ~rt~lp.intt. plAce !Mil n,Jlnn Mrr. n."'pnllnll: rank' ur .ho.nc !Jdcn.Wtll
JAMES THOMAS JOY
2. The acls commillc:d by the accused \Hre::
lSct fordl....mm.)' "'1M f_...tThdtnltuWl1w.......fmJ.!1 ,J the II.iIlUlC ,,1 tk ,,",,,,, ",YI.n! ""IMl'IIIIo.'lMll_IIN allqNI, .lnlilllt>1.'ltklUlllll'U....,... tlImca~ III , NnWNI'}' UM. ,...mutc..
NtpCCll\t: IUlIOa Molwbl<<llc.lI\,lIthclWUIt'.. ...liInolnu allt-I"Jl, ,,,fl..,N I
INDIRECT CRIMINAL CONTEMPT. 23 Pa.C.S. ~ 6114 (3 Counts)
The defendant did violate Protection Order No, 97-6517 Civil Term signed by the Honorable 1. Wesley Oler.
Jr" Judge on I Dcccmber 1997, Protection Order No, 97-6517 states that the defendant is enjoined from having
any direct or indirect contact with the palinti ff including. but not limited to, telephone and written
communications, except for the limited purpose of facilitating custody arrangements. In that the defendant did
telephone the plaintiffs residence on 2 December 1997 on 2 occasions. have indirect contact with the plaintiff
through a note included in a card sent to the parties minor children on 3 December 1997 and send
correspondence directly to the plainliff on 2! January 1998,
all of whll;h were agamsllhe pea,e and dlgOlty of Ihe COI11n1on\\Cahh of Pennsyhanla and 'onlrary 10 Ihe Al;t uf Assembly, or In \'lol:.uion of:
Defendant Name MMES rflOMAS JOY
D\.-",k<t Numblolr
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POLICE
CRIMINAL COMPLAINT
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I a..sk that 0 II "mill' _/ ."aI or ~.. JII..OM be iuutd iIl1d thai the defendant be requIred to an.wer the charges I have made. (In
order for a WarTwlI of arrest to lSaue, the anachcd ..ffidavll of probable cause must be completed and sworn tG before the iuulOS authority.)
I verify thll the facts set fanh In thiS complainl arc true and correct 10 the best uf my knowledge or in(otTNlllon and belief. Thil verification is
made .ubJett.o ,he penal"es of SetllOn 41)0<1 of the Cnmes Code (18 PA, e.S. 49(4) relaling 10 un.worn ral.iOcations 10 authorilie.,
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AND NOW, on ,hIS da'e ,I cen.fy Ihe complaint h.. been propetly completed and verified, An affidavil
of probable r;au.sc nlusl be completed 10 order for a warrw1f 10 iuue.
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AFFIDAVIT OF PROBABLE CAUSE
COMPLAINT NUMBER YEAR
TYPE
NUMBER
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Complaint Numbers If Other Participants
INCIDENT NUMBER
98-076
UCR NO,
260
OTN
COMMONWEAI.TH OF PENNSYLVANIA
DEFENDANT: VS.
I,
DetectIve LetitIa R. Woodford
(Name of Amant}
NAME
AND
ADDRESS
JAMES THOMAS JOY
130 Timber Lane
Shippensbura, Pennsylvania 17257
of Cumberland County District Allorney's Omce. CrimInal InvestlaaUon DIvision
(Identify department or agency represenled and political subdivision)
beina duly sworn (or amrmed) before me, according to law, deposes and says lbatlbere is probable cause to believe lbal:
PROBABLE CAUSE BELIEF IS BASED ON TIlE FOLLOWING FACTS AND CURCUMSTANCES:
This affiant is a Detective with the Cumberland County District Allomey's Office. Crlminallnvestigation
Division and has been employed as such for the past 13 months,
On 1 December 1997, the Honorable J, Wesley Oler, Jr,. Judge did sign Protection Order 97-6517 Civil
Term. for plaintiff Laralyn Durange and defendant, James Thomas Joy, On 26 November 1997, the plaintiff
and the defendant did enter into and sign a Consent Agreement to Protection Order 97-6517 Civil Term.
Protection Order No, 97-6517 Civil Term specifically states, "The defendant is enjoined from having
any direct or indirect contact with the plaintiff including, but not limited to, telephone and wrillen
communications, except for the limited purpose of facilitating custody arrangements." A statement received
from the plaintiff on 2 December 1997, allege the defendant telephoned the residence of the plaintiff. 599
Newburg Road, Shlppensburg, Pennsylvania two (2) times In slJccesslon between the hours of 0740 and
0742. The plaintiff knows these calls to be the defendant because of having 'caller 10' Installed on her
telephone line. The defendant Is not alleged to have said anything during the first call. The defendant Is
alleged to have only said, "Hello-o-o" durlng the second telephone call, This Incident was reported to
Domestic Violence Unit of the Cumberland County District Allomey's Office by the plaintiff on the same day.
On 3 December 1997, a leller was sent to the defendant by Rebekah Finkey, Paralegal In the Domestic
Violence Unit, advising the defendant that a formal complaint had been filed against him In this office for
Indirect Criminal Contempt, and advising the defendant of the potenllal consequences. In addition. this letter
explained that as long as there were no further violallon to Protection Order No. 97-6517 Civil Term. the
Indirect Criminal Contempt charge would not be filed,
On 3 December 1997, an envelope postmarked 2 December 1997 and addressed to Alexander +
Katherine Joy arrived at the plaintiffs home, 599 Newburg Road, Shippensburg, Pennsylvania. Enclosed In
the card was a note, again addressed to Alexander + Katherine. After the first four (4) sentences, the lelter
stopped addressing the children and began addressing the plaintiff, The note reads as follows: "Alexander +
Katherine, Call me if you care. I would like to hear from you both, I can't call you or come over. Your mother
made sure of thaI. I know you are reading this Laralyn. So thank You for wreCking my Thanksgiving the laat
two years. I am planning on seeing the kid's on Christmas, My Company X-Mas Party Is Dec 13. I believe
the children would like to go, I just can't believe what you had went and done, Everything has been going fine
for the last year, I would really like it if you would stop making trouble for me, Jim" (Copy of envelOpe
allached and marked as 'Exhibit 1', copy of envelope leller allached and marked as 'Exhibit 1 a'.)
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On 21 January 1998, an envelope postmarked 20 January 1998 and addressed to Laralyn Joy arrived
at the plaintiffs home, 599 Newburg Road, Shippensburg, Pennsylvania. Enclosed in the envelope was a
letter addressed to the plainllff which read: "Laralyn, I spoke with the IRS concerning the letter they sent us
both. I told them I did not understand how you could be claiming any dependant's when you were not working
and had no income. The man then asked me at that time, if you had a boyfriend that you were living with, I
said yes, He then asked me if he was claiming the same dependant's and I said I did not know, He said if he
Is, He's going to be In Big. Big trouble, The man said he could be Fined and 01 have to pay back the money
and even some Jail Time, It's like this, I am going to claim the same dependant's I claimed last year, I am not
going to pay In a bunch of money every year so your boyfriend can claim my kid's on his taxes, I hope you
both go to Jail, Jim,. (Copy of envelope attached and marked 'Exhibit 2', copy of lellsr attached and marked
'Exhibit 2a',)
Each of the incidents outlined above are direct violations of Protection Order No. 97-6517 Civil Term as
Issued by this Court, In light of these allegations, this affiant respectfully requests the defendant be
commanded to appear before this Court on three counts of Indirect Criminal Contempt.
2-~
BADGE NO.
45
DISTRICT/UNIT
Sworn to and subscribed before me this
day of
. 19_
(SEAL)
(Si~atuR of bsuJnjJ AUlhonlY)
DISTRICT JUSTICE COURT NO.
OFFICE ADDRESS:
Date Commission Expires:
Phone:
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Laralyn Durange,
Plaint i ff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-6517 CIVIL TERM
James Thomas Joy.
Defendant
PROTECTION FROM ABUSE
PROTECTION ORDER
AND NOW, this ~ day of --.:u... ('..._tocJ
1997, upon
consideration of the Consent Agreement of the parties, the
following Order is entered:
\. The defendant, James Thomas Joy, is enjoined from
physicallY abusing the plaintiff, Laralyn Durange, or from
placing her in fear of abuse.
2. The defendant is enjoined from having any direct or
indirect contact with the plaintiff including, but not limited
lO. telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
4. The defendant is prohibited from removing. damaging,
destroying or selling any property owned by the plaintiff.
5. The defendant is ordered to stay away from the
plaintiff's residence located at 599 Newburg Road. Shlppen~burg,
cumberland County, Pennsylvania, and any other residence the
plaintiff may establish, except for the limited purpose of
transferring custody during which times the defendant shall
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remain in hi5 vehicle.
6. The COurt c05t5 and fee5 are waived.
7. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court. The Order can
be extended beyond its original expiration date if the Court
find5 that the defendant ha5 committed another act of abu5e or
ha5 engaged in a pattern or practice that indicates continued
ri5k of ~arm to the plaintiff.
8. A violation of thi5 Order may 5ubject the defendant to:
i) arrest under 23 Pa.c.s. 66113; ii) a private criminal
complaint under 23 Pa.c.s. 66113.1; Iii) a charge of indirect
criminal contempt under 23 Pa.C.s. 66114, punl5hable by
impri50nment up to 5ix month5 and a fine of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa.C.s. 66114.1. Resumption of
co-residence on the part of the plaintiff and defendant 5hall not
nullify the provisions of the court order.
9. The PennSYlvania State Police Department shall be
provided with a certified copy of thl5 Order by the plaintiff'.
attorney and may enforce this Order by arre5t for indirect
criminal contempt without warrant upon probable caU5e that thie
Order ha5 been ViOlated, whether or not the violation Ie
committed in the presence of a police officer. In the event that
an arrest is made under thi5 section, the defendant shall b.
taken without unneCe55ary delay before the court that i..ued the
order. When that court is unavailable, the defendant .hall b.
taken before the appropriate district justice. (23 Pa.C.S. I
6113) .
By
J.
Joan Carey
Attorney Cor Plaintiff
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James Thomas Joy
Pro Se
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Laralyn Durange.
Plaintiff
IN THE COURT OF CONNON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
James Thomas Joy,
Defendant
NO. 97-6S17 CIVIL TERN
PROTECTION FROM ABUSE
CONSENT AGREEMENT
This Agreement is entered on this 2lGofhday of November,
1997. by the plaintiff, Laralyn Durange, and the defendant. James
Thomas Joy. 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.
1. The defendant, James Thomas Joy, agrees to refrain from
abusing the plaintiff or from placing her in fear of abuse.
2. The defendant agrees not to have any direct or indirect
contact with the plaintiff inClUding, but not limited to,
telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
J. The defendant agrees not to harass and staik the
plaintiff and not to harass the plaintiff's relatives.
4. The defendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff.
S. The defendant agrees to stay away from the plaintiff',
residence located at S99 NeWburg Road, Shippensbur.. Cumberland
County, Pennsylvania, and any other residence the plaintiff ..y
establish, except for the limited purpose of transferrin.
custody. The defendant shall remain in his vehicle at all tl...
.
.
during the transfer of custody.
6. The defendant, although entering into this Agreement,
does not admit the allegations made In the Petition.
7. The defendant understands that the Protection Order
entered in this matter will be in effect for a period of one year
and can be extended beyond it 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. The defendant understands that
this order will be enforceable in the same mdnner as the Court's
prior Temporary Protection Order entered in this case.
8. Violation of the Protection Order may subject the
defendant to: il arrest under 23 Pa.C.S. 16113; ii) a private
criminal complaint under 23 Pa.C.S. 16113.1; iiil a charge of
indirect criminal contempt under 23 Pa.C.S. 16114. punishable by
imprisonment up to six months and a fine of $100.00-$1.000.00;
and iv) civi I contempt under 23 Pa.C.S. 16114.1.
WHEREFORE, the parties request that a Protection Order be
entered to reflect the above terms.
~~~ ~~' d
Laralyn Du~ange, Pl~
&,v @~-<.(///
a 'Carey ~
Attorney for Plaint ff
LEGAL SBRVICBS, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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':U~JPEf:'LAN[1 (.Jj11fity. F'(~(lfI;'Jyl....an.ii), "htl bf,;,-'.ing duly Sworn according
. -, ),,.."3/,'" the \o"lthln ElIQ.If&,I.lQN FROM AUUSE
was se>rved
llpnri _.l.::rC_JAf,(E'-:-; _IHllt'rAS
the
<I"-[,_"_!,,,,.,. at 181'J:00, HOURS, on thE' -2JJJ. day of E.!i:.b.LlIilrv
1') a' __.l)0__T1MElE(L11ll1E
':: f-tl_e.Lf.tL~j~.1lH~f'--'.L-1Z.:: 5 '7
. CUMBERLAND
C:'UL',y. F'0nnaylv-Jnid, by hardlng to JMIES TIlO~I,\S JOY
1 iI'''''' and 3tt"'3toed "-'JPY of thl? f'ROTECTIOII FROM ABUSE
H1J :.:it thE' :;;ame tim,:- d.lrC1ctirig ~ att('ntion to the contents therel;Jf~
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LARALYN DURANGE,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
INDIRECT CRIMINAL CONTEMPT
97-6517 CIVIL TERM
v.
JAMES THOMAS JOY,
Defendant
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IN RE: SENTENCE
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ORDER OF COURT
AND NOW, this 12th day of February, 1998, the
Defendant, James Thomas Joy, now appearing for sentence with the
Public Defender, ArIa M. Waller, Esquire, and having on this
date entered a plea of guilty to a charge of indirect criminal
contempt, and having waived a pre-sentence investigation report,
and requested immediate sentencing, the sentence of the Court is
that the Defendant pay the costs of prosecution, and any fees
and surcharges required under the Protection From Abuse Act, and
that he undergo a period of probation with supervision of six
months, conditioned upon his being and remaining on good
behavior, complying with all written directions of his prObation
officer, and (with the Defendant's concurrence, as stated in
open court) obtaining mental health counseling and continuing in
such counseling until diSCharged.
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MICHAEL S. SCHWOYER, ESQUIRE
chief Deputy Di.trict Attorney
ARLA M. WALLER, ESQUIRE
A..i.tent Public Defender
probation
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CERTIFICATION OF PfA CONTEMPT
Case Number qr;-I.,.f/ I
Name .:Jaml"'~ ThQJrv1c; -XoY_
J30 1imbe, L" ne
akppe(1~bl)..r8-~
Balance Due: $BI. L/~
Victim's Name:
).o.roJ8 () b/J r(l(\
170 State Surcharge
ADD DE1.ETE
$ $
$ $
$ '1 (). Cl.2.. $
$ 10.00 $
S 15.00 $
171 Sta te Fine
260 Sheriff Cost ($1.50 . any addtl)
207 District Attorney
204 Court Costs (Clerk of Court)
S02 Restitution
Name 'ti:ath()(\n\n.r y5 offi t.e
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Address
City
Zip
State
Name S ...,$ 5"
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Date 4.'l.q~
Person CertifY1ng Information
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LARAL YN DURANGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
INDIRECT CRIMINAL CONTEMPT
No. 97-6517 CIVIL TERM
v.
JAMES THOMAS JOY,
Defendant
IN REI RULE TO SHOW CAUSE
ORDER OF COURT
AND NOW, June 12, 1998, in consideration of the
attached petition, the Court issufts a Rule to Show Cause on the
defendant why he should not be adjudged in contempt of Court for
failing to pay the sums set forth in the petition.
The Rule is returnable and the hearing shall be held on
Friday, July 10, 1998, at 9:30 A.M. in Courtroom No.4,
Cumberland County Courthouse, Carlisle, Pennsylvania.
Service of the Rule to be made on defendant by
Certified Mail, return receipt requested and by regular mail.
By the court,
Office of the District Attorney
/Jd
Hess, J.
Public Defender
> Cl..fWA 1-lJ 4/'0r
Probation Office
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LARALYN DURANGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
No. 97-6517 CIVIL TERM
v.
JAMES THOMAS JOY,
Defendant
PETITION TO SHOW CAUSE WHY THE DEFENDANT SHOULD NOT
BE HELD IN CONTEMPT OF COURT
AND NOW, June 12, 1998, the Probation Office of
Cumberland County, respectfully petitions Your Honorable Court
to issue a Rule why the defendant should not be held in contempt
of court.
The defendant has failed to comply with the Court
Order dated February 12, 1998.
The defendant has failed to:
[ ] Report to the Probation Office in person at the
time and date set by the Collections Officer.
[X] Make regular payments on the fine, costs and
restitution as agreed.
[] Other
The defendant has agreed to pay $44,00 per month.
Date last paid was April 8, 1998.
The balance is $26.50.
I verify that the facts set forth in this petition are true
and correct to the best of my knowledge or information and
belief. This verification is made subject to the penalties of
section 4904 of the Crimes Code (18 Pa. C.S. @4904) relating to
unsworn falsification to authorities.
Respectfully submitted,
(-rld~"ot. )/. C'::p"
etitioner t
9 575 532 33'1
US Poolol 511'0I'<8
Receipt for Certified Mall
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LARALYN DURANGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
INDIRECT CRIMINAL CONTEMPT
JAMES THOMAS JOY,
Defendant No. 97-5517 CIVIL TERM
IN REI PETITION FOR CONTEMPT OF COURT
ORDER OF COURT
AND NOW, this 23rd day of June 1998, the defendant
having paid in full all sums owed, the Petition for Contempt of
Court dated June 12, 1999, is dismissed.
Office of the District
By the Court,
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Hess, J.
Probation Office
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Plaint I rr
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v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-6517 CIVIL TERM
James Thomas Joy,
Defendant
PROTECT ION t'ROM ABUSE
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l'AQT~ION OR,W
AND NOW, this ~ day of .J)... ~~""'(.,lZ_, 1997, upon
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consideration of the Consent Agreement of the parties, the
following order Is entered:
1. The defendant, James Thomas Joy. is enjoined from
physically abusing the plaintiff. Laralyn Durange, or from
placing her in fear of abuse.
2. The defendant is enjoined from having any direct or
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indirect contact with the plaintiff including, but not limited
to, telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
3. The defendant Is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
4. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff.
5. The defendant is ordered to stay away from the
plaintiff's residence located at 599 Newburg Road, Shippensburg,
Cumberland County, Pennsylvania, and any other residence the
plaintiff may establish, except for the limited purpose of
transferring custody during which times the defendant shall
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remain In his vehicle.
6. The court costs and fees are waived.
7. This Order shall remain In effect for a period of one
year or until m~dlfled or terminated by the Court. The Order 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.
8. A violation of this Order may subject the defendant to:
I) arrest under 23 Pa.C.S. 96113: il) a private criminal
complaint under 23 Pa.C.S. 96113.1: ill) a charge of Indirect
criminal contempt under 23 Pa.C.S. 96114, 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. 96114.1. Resumption of
co-residence on the part of the plaintiff and defendant shall not
nullify the provisions of the court order.
9. The Pennsylvania State Police Department shall 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 unnecessary delay before the court that Issued the
order. When that court Is unavailable, the defendant shall be
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taken before the appropriate dlatrict justice. (23 Pa.C.S. 9
6113) .
By
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Joan Carey
Attorney for Plaintiff
C+,",.,~..L 10/3/9'1.
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James Thomas Joy
Pro Se
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-6~17 CIVIL TERM
Laralyn Durange,
Plaintiff
James Thomas Joy,
Defendant
PROTECTION FROM ABUSE
CONSENT AGREEMENT
This Agreement Is entered on this alo-t\. day of November,
1997, by the plaintiff, Laralyn Durange, and the defendant, James
Thomas Joy. 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.
1. The defendant, James Thomas Joy. agrees to refrain from
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abusing the plaintiff or from placing her in fear of abuse.
2. The defendant agrees not to have any direct or Indirect
contact with the plaintiff including, but not limited to,
telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
3. The defendant agrees not to harass and stalk the
plaintiff and not to harass the plaintiff's relatives.
4. The defendant agrees not to remove, damage. destroy, or
sell any property owned by the plaintiff.
~. The defendant agrees to stay away from the plaintiff's
residence located at 599 Newburg Road, Shlppensburg, Cumberland
County, Pennsylvania, and any other residence the plaintiff may
establish. except for the limited purpose of transferring
custody. The defendant shall remain In his vehicle at all times
Laralyn Durange,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-6~17 CIVIL TERM
James Thomas Joy,
Defendant
PROTECTION FROM ABUSE
CONSENT AGREEMENT
This Agreement is entered on this alo-t\lday of November,
1997, by the plaintiff, Laralyn Durange, and the defendant, James
Thomas Joy. 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.
1. The defendant, James Thomas Joy, agrees to refrain from
abusing the plaintiff or from placing her in fear of abuse.
2. The defendant agrees not to have any direct or indirect
contact with the plaintiff including, but not limited to,
telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
3. The defendant agrees not to harass and stalk the
plaintiff and not to harass the plaintiff's relatives.
4. The defendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff.
~. The defendant agrees to stay away from the plaintiff's
residence located at 599 Newburg Road, Shlppensburg, Cumberland
County, Pennsylvania, and any other residence the plaintiff may
establish, except for the limited purpose of transferring
custody. The defendant shall remain in his vehicle at all times
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during the transfer of custody.
6. The defendant, although entering Into this Agreement,
does not admit the allegations made In the Petition.
7. The defendant understands that the Protection Order
entered In this matter will be In effect for a period of one year
and can be extended beyond it original expiration date If the
Court finds that the defendant has committed another act of abuse
or has ~ngaged in a pattern or practice that Indicates continued
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.
8. Violation of the Protection Order may subject the
defendant to: 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 of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa.C.S. 96114.1.
WHEREFORE, the parties request that a Protection Order be
entered to reflect the above terms.
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Laralyn Du~ange, Plaint
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a 'Carey ~
Attorney for Plain,t ff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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