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Home My WebLink About98-00960 Cassie Jo St.Clair. : TN THE COURT OF COMMON PLEAS OF PlajntilT v. : CUMBERLAND COUNTY, PENNSYLVANIA Brian Keith PeHTer, Sr., Defendant NO.98- i}l, (I CIVil. TERM PROTECTION FROM ABUSE TEMPORARY PROn:CTlON ORDER AND NOW, this .2f.tSay of February. 1998, upon presentation and con~ideration of the within Petition, and upon finding that the plaintiff, Cassie Jo St. Clair, now residing at 23 Kenneth Avenue, Shippensburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Brian Keith Peiffor, Sr., the following Temporary Order is entered. The defendant, IlJian Keith Peitler, Sr., (SSN: unknown and date ofbil1ft: 3/15/58) now residing at III Andrew Court, Carlisle., Cumberland Counly, Pennsylvania, is hereby enjoined from physically abusing the plaintiff; Cassie Jo St.Clair, or placing her in fear of abuse. The defendant is ordered 10 stay away from the plaintiff's residence located at 23 Kenneth Avenue Shippensburg, 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 plaintiff's relatives. The defendant is el\ioined from entering the plaintiff's place of employment, 'Ole defendant is enjoined f\'Om damaging OJ' destroying allY property owned solely by the plaintiff. Cassie Jo St. Clair, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98. 9 L(lO CIVIl. TERM : PROTECTION I'ROM ABUSE Brian Keith PeHTer, Sr., Defendant NOTICE You have heen sued in court. If you wish to defend against the claims set forth in the following pages, you must take aetion promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hcaring scheduled by the Court and presenting to the Court your defenses or o~jections to the claims Hct forth against you. You are warned that if you tail to do so the C00l1 may proceed without you, and a judgment may be entered against you by the Court without filrther notice for any money claimed in the Petition or for any other claim 01' relief requested by the plaintiff. You may lose money or property or olher right~ Important 10 you. Any Protection Order granted by a Court may be considered In any subsequent doml'stlc relations proceedings, Including custody actions. FF:ES AND COSTS If the case goes to hearing and the judge grants a Prote~'lion Order, a surcharge of $25.00 will be assessed again.~t you. You may also be required to pay up to $250.00 to reimburse one of Legal Services, Inc. 's funding sources fOI'Legal Services, Inc. 's representation of the plaintiff. You have the right to be represented by counsel. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot alTOI'd one, go to 01' telephone the office set forth below to find out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmER.TY A VENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WIllI DlS&BU,rm:S 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 tacilities and reasonable accommodatiolls 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 bcfore the court. You must attend the scheduled conference or hearing. ,."..,..,.,-," . .\"~; .~_e.,.~,..'- Cassie Jo SI.Clau', : IN THE COUIl.:l' OF coMMON PLE.AS ()\l : CUM\W,RLAND COlJNTY, I'F,NNSYLV AN'\/\ Plainli1\' : NO. 9\1- Q (,. () C1\'U, TERM v. ntian Kcllh l'eit'fer, Sr., pof'olnllant : PROTECTION FROM AmlSE f~T1TION 110R PRO'UA:TlON oHnllli REt.lI<~F \ lNl)I<~R TIll<~ I)Ron~cnON If ROM MR1SE ACe 1.3 Pa.C.S. ~ (,Ill I et sell. A. ^nUSI<~ - - I. Tbo ~oinl\II, C~.i' \0 St.",", i. on ......1 "'''''''.... ,,- ,I 2l K- Avenue, Shippoll!lburg, cumbel'lanll Counly, l'cnnllYlvania 17257. 2. 1" "".",.1. .,Un K,lth I'.i"". S" (SSN, ",~""",~D.' "rD'"'. 3/'''''), It .. ",It Ind"""" "'i"..... 'I I An-"" C",,1, C."It~, C""''''''"'' C.,..~, ,,,,,,,,,,,,,,,, \70\3. ... .,,,, """..1... h" It'" .. ,.......' "......hip wlllt ." ,,,,.tlff ,. Stnoo 'PI"",im'''~ \ '00"" 29, 199', tI" ",'on"",1 h~ ",,-., ......,. In · """"" or -,,,,I " "",,,,,, _milt'" "It toW." tI" ,,,,,,,ill ino"""'" folt...... "" plnlntlff, wllho" _ ...tIn~,.tI.., ..." ",,- whi,h how p\to<"1 tho ~oinl\ff In _""""" r", .. "'''' In;"'. .."" "" i..'..... hoI It .~ liml'" to, tI_ [0_ 'F'''''' .. On " ."''' fo- 11, 199', thO "",ntIff -""'" """ instances of abusc: hang-uP tele\lhone calls and several lelcphone c.alls where Iho dcfcndanl insisled on talking 10 her. Hc further conlinllod 10 pursue \ j, On or abouI January 29, 1998, the defendant repeatedly drove past the plaintiffs place of employmenl and at one point stopped in front of the building and tried to engage the plaintiff in conversation causing her to leal' for her safety. k. When the plaintiff separated f)'om the defendant in 01' about January 28, 1998, he punched a hole in the wall and has stalked and harassed her since that time causing her to fear for her safety. 5. On or about January 28, 1998, the plaintiff left her residence at III Andrew Court, Carlisle, Cumberland County, Pennsylvania. 6. The plaintiffbelievcs and therefore awl'S that she is in immediate and present danger of abuse from the defendant and that she is in lIeed of protection from such abuse. 7. The plaintiff desires that the defendant bc prohibited from having any direct or indirect contacl with the plainlHf including, but not limiled to, tek'Phone and written communications, 8. '/l1c plain!!',,' .,.ires that the detendant be crUoined from harassing and stalking the plainli1l; and from harassing the plainli1l's relatives, 9. l11e plaintiff desires that the defendant be restrained from entering her place of employment. 10. The plaintiff desires that the defendant be enjoined from damaging or destroying or any Ill'Operty owned solely by the plaintiff. 4 11. '/be home which thc plaintiff is asking the Court to order the defendant to stay away from is not owned or rentcd in thc dcfendant's name. 12. 1bc: defendant has his own rcsidcnce located at 111 Andrew court, Carlisle, Pennsylvania. D. R)';IMHURS~:MENT FOR COST OF CAS~: 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 tIllS case. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7,1976,23 Pa,C.S. ~ 6101 !It fLog., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection ft'om Abuse Act:" I. Ordering the defend..tnt to refrain from abusing the plaintlffor 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 limited to telephone and written communications. 3. OrdCling the defcndant to relrain from harassing and stalking the plaintiff and from harassing the plaintiffs relalives. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5 5. Prohibiting the dcfendlUlt fl'om damaging or destroying propel1y owned solely by tIll' plaintill. 6. Ordering the deltndant to stay away Irom the plaintiff's residence located at 23 Kenneth Avenue, Shippensburg, Cumberland County, Pcnnsylvania, and any other residence the plaintiff' may establish. B. Schedule a hearing in accordance with the pwvisions of the "l'roteclion from Abuse Ae~" and, after such hearing, ent~'r an order to be in effect for a period of one year: I. Ordering the defcndant to refrain Horn abusing the plaintiff or placing hcr in fear of abuse. 2. Ordering the defendant to refrain from having a.ny direct or indirect contact with the plainfiff including, but notlim.ited to, telephone and wrillen communications. 3. Ordering the delendant to rell'ain from harassing and stalking the plaintiff and from harassing the plaintitl's relatives. 4. Prohibiting the defendant from cntering the plaintiff's place of employment. 5. Prohibiting the defcmdant from damaging or destroying property owned solely by the plaintifl: 6. Ordering the defendant to slay away from the plaintitl's rcsidence located at 23 Kenneth Avenue, Shippensburg, 6 ! j ; i . , ft ~ ft . i S3 ,~ S3 i ~ ~ ~~ .~ . r:, i~ ~~ ~~ ~ ~ uf d ~ u . ~~ ~! I ~! I fflf1i[il! J~i5.H~! !I .If !iilrlrl"1 s jllllll!'fi" !i~15i! ", ~I!III!~ Iggi~ ~ ~fUggggg~J ~~i' ~~f~i ~~~~~ J 8; ;~~if~cm~~ ~~~ff~~~~~cm~~ ~~~~~ <Ii i~i~~~~~f ~f fi ~f~~ ~~ ~~~~~ r:':'~. I J...; , ~ ~ i .~ i~ ~ I ~ < : . I ~ ~ ~~~~J~ ~ jf i ill, ~ Ij '3i~~f ~ , ;1, d ~i~ ~ i h ,~i~~~ ! ! ' l~: ~ j h~! ~ ~~ ~U~~ ~ ~ i '.Ii. ; ft .. p~ r: ~ ~o ~oi~~ i ; , ! d~dl n !I UhU Ii I ~ )" i ~ 8h~~ 0( ~ ~~ i@;i!i~ ~ ~I" [; H ; Iii I i. il~l f ! I! ~Uhll ~ I U1adhl ~ s IU ~~~ h~~~ ~B~~~g~~~Hn~~~~~~~~ I~ :::'(~; '.,; ~ ;~j'~'; ;I!:,:; ~ ;i::n'J: ~ ,',~,"'. ;:~f~!'::Y li,~ !-* ,f . : 1J1:~i If) \~ YI ~ '" f\J ~~ I ~ 1~ I I{ \ ~ J j \1:, ~ ~~ I J l< .~ ~ ~ i":) I ! f~ \l I Q ~ ~\\ \, · I ~! ! · I :}1 t" I f I I I ~ ,~~. . ~ I~ .t' ~ ~, '" ~ ~ ~) ~ ~ ~~ ~ ~ J \. ~ I \1 \1 "\..~ ~ siL~ !~. !)\ ~~ ~ I ~ I ~ '5 :! i l s i I to I f I I I i ,. J f ~ I I I J ,. J J I I · J i i J J I I I j I ! ! i i i ~'" i ~~ * j Ij~ i i Iii . I J) ~ j r~t~ j J ~~'c'1<,,,-,,,!., .Ie " \/*""" """"~.'''''-' , ,~jr \"- ,~" ~ '1, '~~:. --to',;, ,J .,-,_r , ~ , ,~', ',r,,':v J ,'- ; -4i, ~~ , 'W'\" ,.)" .,~. _Ii '"\. " " .. , -, , ,,ii' , ;';,ft," .'~ 1'~_.~ (<. .' ,f " ,';); > '!-, ~, ~ t,. '- .. t...!~ 1-~,. \ I I I t 1 t " ~."" " " ,. I .,. ,. ,. Coul1 finds Ihal the defendant has committed another act of abuse 01' has engaged in a paUom or practice that indicates continued risk of halm to the plaintiff. 9. A violation of this Order may subject the (Iefendantlo: i) arrest under 23 Pa.C.S. ~6\13; Ii) a private criminal complaint under 23 Pa.C.S. ~6113.l; iii) a charge ofindirect criminal contempt under 23 Pa,C,S. ~6114, punishable by implisonment up 10 six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.I, Resumption of co- residence on the part of the plaintill and defendant shall not nullifY the provisions of the court order. 10. The Pennsylvania Stale, Mid-Cumberland Valley Regional, and Middlesex Police Departmentsshall be provided with cel1ified copios of this Order by the plaintiff's attol11ey and may enforce this Ordcr by arrest for indirect climinal contempt without warrant upon probable cause that this Order has becn violated, whether or not the violation is committed in the presence of a police officer. In the evcnt that an arrest is made under this section, the defendant shall be taken without unnecessary delay beforc the court that issued the order. When that court is unavailable, the defendant shall be taken betorc the appropriate district justice. (23 Pa.C.S. ~ 6113).. By the Court, Joan Carey Attorney for Plaintiff , ) CU./"" Brian Keith Peiffer, Sr. ' Pro Se _U 1- Edgar B. Bayley, JUdg1l1 r ) "",-"".{.(.I( j_.J 1. 91' 9-- ._;. 7. The defendant, although entering into this Agl'ceml\nt, docs not admJI dIe allegations made in the Petition. 8. Thc defendant understands thatlhe Proteclion Order cntered in this matter will be In efTectlor a period of one year and can be extended beyond it original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged In a pattern 01' practice that indicatcs continued risk of haml 10 the plaintiff. The detimdanl understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in Ihis case. 9. Violallon of the Protection Order may subject the defcndant to: I) arresl under 23 l'a.C.S. ~6113; Ii) a private criminal complaint under 23 Pa.C.S. ~611.1.1; ill) a charge ofindirecl criminal contempt under 23 Pa.C.S. ~6114, punishable by irnplisonment up 10 six months and a fme ofSIOO.OO-$I,ooO.OO; and iv) civil contempt under 23 Pa.C.S. ~6114.1. MffiREFORE, the parties request that a Protection Order be entercd to reflect the above terms. 6e~s~~~i{ft.L.~~..,.,,~.~.... . -------~. ".__...~,._~~ f). {l1 . / ,ill v.~ Ctl~i!~' ..~_____.._ '<Toan Carey "71-- Attomr:y for Plainti:/f LEGAL SERVIClt:S, INC. H Irvine Row Carlisle, P A 1701 3 (717) 243-9400 'r. \," ",. -..~,., i ~ .,. ~ "\ "',) ~ i',': cd C: i II " c:' ( '"' t.: ~< , , ("j' \.' r"t ( I'. '. .. \1\' 1',-,\.1 ( '.'~ I I' \.1.- II, (1.'- ,\) U" I.. '<,II , ,. :tiJ . 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