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HomeMy WebLinkAbout98-01266 \'( ~ o V) :< ~ o '7 III > '2 ~ - o 'i!l / \ \ , ~ - . - .J j "'-.) 'i ........ <.\. ~ . ~ / .\\ \ ~- \- ' \\ ~,f \1 I) 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 entering the plaintiff's place of employment. The defendant is enjoined from damaging or destroYing any property owned solely by the plaintiff. A violation of this Order may sUbject 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, 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. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify 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 /9t/, day of ,..-) : 3 (l +-' March, 1998, at ,'Y.m., in Courtroom No, ,Cumberland I County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. Scott D, Bolden, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 98- CIVIL TERM Kelly A, Johnson, 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, Any Protection Order granted by a Court may be considered in any subsequent domestic relations proceedings, including custody actions. 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. 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 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 afford one, go to or telephone the office set forth below to find out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 or TOLL FREE: 1-800-990-9108 FAX: (717)249-2663 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. 0,.> Scott D, BOlden. Plaintiff I N TilE COURT OF COM/.ION PLEAS OF PETITION FOR PROTECTION ORDE~ CUMBERLAND COUNTY. PENNSYLVANIA NO. 98-/..Jtl..CIVIL TERM PROTECTION FROM ABUSE v. Kelly A. JOhnson, Defendant COunty, PennsYlvania 17025. residing at 206 East Cumberland Road. Floor 2, Enola, Cumberland 1. The plaintiff, Scott D. BOlden, is an adult individual RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.c.s. g 6101 et seg. A. ABUS~ 2, The defendant, Kelly A. JOhnson, (SSN: unknoWn)(Date of Birth: 6/8/74), is an adult individual residing at 111 Fairview Drive, Camp IIill, Cumberland COunty, PennsYlvania 17011. 3. The defendant has had an intimate relationship with the plaintiff. attempted to cause and has intentionally, knowingly, or 4. Since approximately summer 1995, the defendant has recklessly caused bOdily injury to the plaintiff, has placed the and has knowingly engaged in a course of conduct or repeatedly plaintiff in reasonable fear of imminent serious bOdily injury, committed acts toward the plaintiff including fOllowing the plaintiff, without proper authorization, 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 February 13, 1998, the defendant hit the plaintiff above his eye with the telephone receiver causing a laceration, bruise, and swelling; slapped him across the face, and knocked all the items off of the table with her arm causing glass to fall and break on the floor. b, In or about November 1997, the defendant threw a glass across the room at the plaintiff and slapped him across the face, c, In or about the summer of 1997, the defendant became angry and pushed the plaintiff in his face as he sat in a wheelchair recovering from an accident, d. In or about July 1995, the defendant spit in the plaintiff's face and threw a beer can at his head hitting him on the side of the face. e. Once or twice a week since the summer of 1995, the defendant has threatened to kill the plaintiff causing him to fear for his life, 5. The plaintiff believes and therefore avers that he is in immediate and present danger of abuse from the defendant and that he is in need of protection from such abuse, 6, The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating 2 15. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 16, The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interests and permanent welfare of the minor child will be met if partial custody is granted to the plaintiff for reasons including: a, The plaintiff has a close relationship with his son and it is in the child's best interest to continue that relationship by having regularly scheduled periods of partial custody. b. It is not in the child's best interest to visit with the plaintiff in the presence of the defendant who physically abuses him in front of his child, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. ft 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:" 1. Ordering the defendant to refrain from abusing the plaintiff or from placing him in fear of abuse. 5 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. 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4, Prohibiting the defendant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from damaging or destroyina property owned solely by the plaintiff. 6, Ordering the defendant to stay away from the plaintiff's residence located at 206 east Cumberland Road, Floor 2, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' child, The defendant shall remain in her 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 him in fear 6 of abuse, 2, Ordering the defendant to refrain from having any direct or Indirect contact with the plaintiff Including, but not limited to, telephone and written communications, except to facilitate custody arrangements, 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5, Prohibiting the defendant from damaging or destroying property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 206 east Cumberland Road, Floor 2, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' child, The defendant shall remain in her vehicle at all times during the transfer of custody, 7, Granting shared legal and partial physical custody of the minor child to the plaintiff, 8, Ordering the defendant to pay $250.00 to reimburse one of Legal Services, lnc.'s funding 7 " if:'; Ii "\ I~~ I i .. !Ii'R(" ~ , fii i . It", M I j , j~ !I 0 Itr- - i It a.. 1 J- ;:) i I j i 0 I 11 I ~ I 0: t: fi ~ , I I ~ ~ II - c ;; I j ~ f . i<=t: ;; :l .?o i ~ llo.. I l- f ~ j5 f j w l J J w sl I :r i .t j tI) ! f 1 i ~ )0 I f , I ~ ~ ~ f ww 0: J .,; Ii ~ ! ~tI) j f:;) ~ .ro i~ f I fj ~m r .-I: .- ~ct ;; f~ I I a "'2 i t So ~ i ~a:: ;; 1~ ()cl i i j j I i .c I 11 11 s!1.L. ~ iio- ~z II I I I i aio - :l "';: I ~ ;; 11 (.) I if t: ~ ~ - -:r i c ~ g , ii- 0 j flrJ a:: Ii' "61 Q. 0: -II 1 Lr J ! ~ ~ j I I t: ! j i j : i i = ~ f i ff f II I I ! i- J I ~ I rl~ I f I j !I , , I I ,. ~ "' ~ ~ ~ ~ ~ ~&l ~i ~&l ! ~~ im ~~ ~ ~~ lifi ~~ i~ ~ ~ i~ ~ ~ i~ !illll~llll~g 1~11111!!f~~! I~f,~~! . 1IIIIIIIIIIJ~~!ll!lllll!i!!J~~!lll!!i!! ; ~ ~n~~nnu u~n~ ~~ ~~~~~ ~ ~ 3~ ~r. i ~ I i IP nnl ~ n ~ : I ii i ~ ~~ ~m~~I~ ~ ~ -;g ~ ~ ~~ ~~~!~i ~ ~ :' g ~l~ 6 ~ ~Ii ~~~~~~ I ~ ~: ~ ~~c IE w ~3 ~~~~ ~ ~ i~ I ~ i ~!I ~ ~ ~i ~i!e~ ~ ~ i t ~ ~ ~ 5~W m !3 a~ ~ffi~ljfg~ ~ ~ ~ ' ~ ~ ~ 8ail~ ~ ~ ;~ 1~1~~m ~ I ~ ~ [ I I~ ~ ~ ail~1 i I II ~~~i~~ ~ .~[ I Imi~~!~i~1 , ~~ ~ ~&lil I -.~ ~ ~ ~~~~~~ ~~>~ !~ ~~www~~~~~~ . ~ h~!1 !~.d II~I II nUll Idl IIi i!mnUU~hl II !i. ~ II~i!~~~ . !~~ilifliilli!~i~~~ii .!il~ 111!~ilii!!~~iiiiiil~~i~! ~. ~ ~~llwlllg~IIIIi'!~~~~~~i~~~~;~i~i~~i;~~!~lj~~I~ill&I&I~1~'I~II~il~i~i~;iii I:, C!2~ ':'.cai~,; s~c; II B;S 8 81;!l !i!S8!5li!~~~ !b I!l m n~~h i. a ~ ~ c.. ill c .. c i5 c it! c c c c ~ ~ c f. .: · ~ ~~j ~'j ~jljj ~~djji!i~~ijj.jl~.i'ij tJ: " .. . . ~ .~..,._ _ ....,. ..:l~~ .~-..~- ._~- .--:-.- . . " SHERIFF'S RETURN - OUT OF COUNTY CASE NOI 1998-01266 P CO""ONWEALTH OF PENNSYLVANIA I COUNTY OF CU"BERLAND BOLDEN SCOTT D VS. JOHNSON KELLY A R. Thoma. Kline . Sheriff, who being duly sworn according ~o law, .ays, ~ha~ he made a diligen~ search and inquiry for ~he wi~hin named defendan~, ~o wi~, JOHNSON KELLY A bu~ wa. unable ~o loca~e Her in his bailiwick. He therefore deputized the sheriff of YORK to .erve the within PROTECTION FRO" ABUSE County, Pennsylvania. On "arch 16th. 1998 the attached return from YORK . this office was in receipt of County, Pennsylvania. Sheriff's Costs, Docketing Ou~ of County Surcharge S~~ ;r~..v: ~ omss ne, er 'i h " I. I) I' , i ' i I I'- I, i ~ : 18.00 9.00 6.00 e:3~.fDfD 00/00/0000 Sworn and subscribed to before me this /(, t:::: day of "7v".. ,/...J 19 9'i? A.D. C)'f' O. ~i.v ~. t'rot ono ary' "I !'I I Ii' , " SCOTT D. BOLDEN, !,Iaintin' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,I'ENNSYLVANIA v. NO, 98-1266 CIVIL TERM KELLY A. JOHNSON, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, Scott D. Bolden, by and through his attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: I. A Temporary Protection Order was issued by this Court on March 9, 1998, scheduling a hearing for March 18, 1998, at 2:30 p.m. 2. The Cumberland County Sherifl's Department dcputizcd the York County SheriIT's Department whose deputies served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on March II, 1998, at 8:00 p.m. at her residence. 3. The defendant indicated to Legal Services, Inc, staff on March 17, 1998, that she had retained Daniel W. DeAnnent of IRWIN, McKNIGHT & HUGHES to represent her in the matter. 4. The parties agree, by and through their respective counsel, to continue generally the hearing to afford the parties and counsel time to negotiate a Consent Agreement in the matter. 5. 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