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Home My WebLink About98-01787 c c :.J . ./l '7 ) c: d: . ... <(I ! " \ \ I I ) I I /, I / J ./ /' ,,4 ~ ,~ J r- OO r- - A violation of this Order may subject the defendant to: i) arrest under 23 PIt.C.S. fi61lJ; II) a private criminal complaInt under 23 Pa.C.S. fi6113,I; Ill) a charge of Indirect criminal contempt under 23 Pa.C.S. fi6114, Illlnlshable by imprisonment up to six months and a nne of$100.00-$1,000,OO; lInd Iv) civil contempt under 23 Pa.C,S. fi6114.1. Resumption of co-residence on the part of the plaintiff and defendllnt shall not nullll)' the provisions of the court order. 'Ibis Order shall remain in ctfeclunlil modified or leffilinaled by the Cow1 and can be ~"Iended heyond its original e"piralion dale jf the Courttinds Ihat Ihe defendant has committed anolher acl of abuse or has engaged in a pattern or practlce Ihal indicates continued tisk of harm to Ihe plainlift: A hearing shall be held on this malter on Ihe ..,9!!!.. day of April, 1998, al IL€!!5!A..m" in Courtroom No,..6:..., Cumberland County Courthouse, Car~sle, Pennsylvania. The plaintiff may proceed withoul pre-payment of fees pending further order of COurt, The Cumber/and County Sheriffs Department shall attempt to make service al the plaintitrs request and without pre-payment of fees, bUI selvice may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of thc Prothonotary /lIId forwardcd to the Sheriff for service. The ProthonOla1y shall nol send a copy of this Order 10 the defendant by mail. 'nle Mechanicsburg Police Department will he provided wilh a cel1ifted copy of lhis Order by the plaintiff's attorney, This Order shall he enforced hy any law enforcement agency where a violation occurs by alTest for indirect criminal conlempt withoul walTantupon probable cause thai this Order has been violaled, whether or not the violation is cornmilled in the presence of the call1lto the plaintifrs brothel' and mother in an altempl to talk to Ihe plainlitf causing her to fear for her safety, b, On 01' about February 2, 1998, the defendanlshoved the plaintiff and repeatedly punched her in the lIIm causing bruises, c, On or about February I, 1998, the defendant pointed a loaded gun to his head three difl'erent limes stating that he was going to "blow his head off;" causing the plaintiff to fear that he would kin her and himself, d. In or about November 1997, the defendant forcefully punched Ihe plaintiff in her side causing her severe pain and sexually assaulted her, The plaintiff sought treatment at Seidle Hospital where it was diagnosed that she had a broken rib became of the if\lury camed by the defendant and the plaintiff had to wear an orthopedic rib brace, e. In or about lhe fall of 1997, when the defendant was driving the plaintiff's car, he forcefully punched her in the face callSing soreness and bruising of her face 1II1d swelling of her head which hit a seat belt devise as a result of the force of his punch, The defendant threatened the plaintiff saying that he would drive fast down the road, slam into a bridge, and kill her 80 that he could watch her suffer before he died. '}. f. In or about September 1997, when the plaintlll refused 10 have Rex with the de/cndant, he grabbed her, threw her off of the couch onto the living room /1001' causlug hcr pain, and sexually assaulted her, g. In or about August 1997, the defendant forcefully grabbed the plainilll; threw her onto the bed, and sexuaUy assaulted her, h, On several diffcrent occasions since 1995, the defendant has forcefully showd the plaintiff, !lunched her, restrained her, and threatened to kill her, As a result of Ihe defendant's abuse, the plaintiff has had swelling, bruises, and lacerations on different parts of her body, 5, In or about Fcbl'Ua'Y, 1998, the plainlitfleft her residence at 532 Cheny Street, Carlisle, Cumberland County, Pennsylvania, in order 10 avoid further abuse, 6, 111e plaintiff believes and therefore aveJ'!l 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. 8, The plaintiff desires that the defendant be enjoined from harll88ing and st4lklng the plaintiff, and from harassing the plaintiff's relatives, 3 9, The plaintiff desires thlltthe deftmdllnl he cl\;oined from removing. damaging, destroying or selling an.v pl'Opel1y owned solely by the plaintiff, 10, The home which the plaintiff is asking the COlll1 to order the defendant 10 stay away from is owned by the plaintiff's mother, II, The defendant has his own residence located at 532 Cherry Street, Carlisle, Penusylvania. fl RI';IMBlJRSI'~MI!;N'I' ,FOR COST OF CASE 12, The plaintiff lI!lks that the defendaut be ordered to pay $250,00 to reimbul'lle one of Legal Services, Inc, 's flllllling sources for the cost of litigating this case. WHEREFORE, pUl'lluant to the provisiolt~ of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 1,'.1 sQ!j" as amended, the plainliff prays Ihis Honorable Coun to graut the following relief: A. Grant a TemponllY Order pUl'llllant to Ihe "Protection from Abuse Act" I. Ordering the defendant to refiain from abusing the plaintiff or placing her in fcar of abuse, 2, Ordering the defendant to refrain from having any direct 01' indirecl contact with the plaintlft'including, but not Iilnited to, telephone and written communications, 3. Ordering the defendant to refrain from harassing aud stalking the plaintllf and from harassing the plaintift's relatives, 4 '..<!'~'!'~".._,~)l 4, Prohibiting the defcndunt fl'Om dumaging 01' deRtroylng property owned Moiety by the plaintiff', 5, Ordering the defendunl to stay aWllY from the plalntl1f's residenee IU\)lIkd at 109 E. Koller Street, Mechanicsburg, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, B, Schedule a hearing in accordance with the provisilms of the "Protection from Abuse Act, " and, after such hearing, enter un order to be in clfeet for a period of one year: 1, Ordering the defendant to refrain from abusing the plaintiff 01' 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 written communications, 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, 4. Prohibiting the ddendant from damaging or destroying property owned solely by the plaintiff. 6, Ordering the defendant to stay away from the plaintiffs residence located at 109 E. Keller Street, Mechanlcsburg, Cumberland County, Pennsylvania, lUlll any other residence the plaintiff may establish. s 7, Ordering the defendunt to pay $250.00 to reimburse one of l.egul Services, Inc, 's funding sources tor the cost of litigating thls case, The plaintiff further asks that this Petition be filed und seIVed without payment of feCH and costs by the plalntlft; )lending a filrther order at the hearing, and that a certified of this Pctition and Order be delivered to the Meehanicllburg Police I )ellartment which has juriHdiction to enforce this Order, Thl) plaintiff prays for such other relief all may be just and pl'Oper, Respectfully submitted, " /7/ .. ci /' U!~~~:- Att~~~~~;~"jnriff LEOAL SI<:RVICJf:S, INC. 8 IrvIne Row Carlisle, P A 17013 (717) 243-9400 6 The above-lII\med plaintiff; Jody Altkins, verities thai the statements made In the above Petition are trlle and con'ecl. The plainliff lUldentlands thai false statements herein are n1adll sUbjllct to the penalties of 18 l'a,C,S, Ii 4904 relating to unsworn falsiflcationto authorities, Date:--I.:-.31:1z. ___c'Ja:!JJ_~~__ Jolly illin~~flaintiff ~.~~ ,"'" 1"1, '- J ,I ~:_,1 l_);, ' ! ; ': ~, I'l.(l, \_,lC, ('1\/, lY" 1;1" r- 11, <.;., . , (<) tt; ,- f- -. ':1 ; ~ ') .. ,-. \.L, '\::.'.; . I~~'. I c..; t't.. t4,;: OJ (:J, , '. " ~:': ,,'/111 "):'.l.. " ;'.-j U ~!~J ~q J 'b j <-J ~--. 'Y-, ~ '-lS. ~ ~~ ") ~~ ,...... t:J '------ ()o ~ 1"- I.;s-.. ) - --- -~ ) ~ .~ ! j ; i ~ ~~ ~i ~B ! ~~ im ~~ ~ ~ll ~ffi ~ll i ~ ~ I! !i ~ Ii ~ ~ f I ~ I IIII11I111111 IIIIIIIII!I!II liJisi! · III1mmllml111llllhdmlunm J ~.jlji~~jjj iiilid jj liijl ...~. i ~ 3 . ; ~ I ~"g i 5 ~i ~ I a "i ~ ~ ~ ~~I~ ~ ~ ~~ l!l ~ i ~ ~2 ~ ' ! ! lieli! · I d HI!I ! I ! R R ! !~ ~ i !I~~ I i ~~ ~~~il~ ! ~I I ;;!~~!~~~! 5U ~ ~ s . ~ 11 ~ ~~1Il ~ .. .. II: H ~u~~ l!I ~h ':<d::> ~~5 l:I a '\ ~ 80 !II in~~L. U I!ll!l l!f i~ 9 , , , , , ,\, \ "~ ' , , , , , , I , ' I I, " ~ 3 IU' ~U h~~g ~;~~~2~~~5Hn~~~fi~~i~ .~! r t, ~ .\ . 'J ri ~ l < I l ~1 o Jody Altkln8 : IN TIlE COURT OF coMMON PLEAS OJl Plaintiff : CUMBJI.IU,AND C< >UNTY, I'ENNSYI ,V MilA v, CIVIl, TERM : NO, 9H- 17H7 Scott Edward Unn, : I'ROTECTK>N FROM ABUSE Defendant I'IWTJ<XTION ORJ)Ji;R AND NOW, this I~ of April, 1998, upon consideration of thc COllsent Agreement of thc parties, the following Order is entcred: 1. 1110 delt:ndanl, Scoll Edward Linn, is enjoined from physically abusing the plaintiff, Jody Aitkins, or frolll placing her in fear of ~,busc, 2, The defendant is enjoined from having any diret;t or indirect contact with the Illaintiff including, hut notlimlled to, telephone and Wlitlen communications, .t The defendant is ordered to relrain from harMsin!/, and stalking the plaintiff and from harassing the plaintitl's relatives, 4, The defendant is prohibited from damaging or destroying any property oWlled by the plaintifI 5, The deft:ndant is ordered to slay away from lhe plailltifl's residence located at 109 E. Keller Street, Mcchanicsburg, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish. 6, '111e court costs and fees arc waived, 7, 'Illis 01'(11;1' shall remain in elTect for II Jleriod of one year or until modified or lClminated hy the COlii'I. The Order can he extended beyond its original expiration date if the Court fillds thllllho delcmdanf has oOlllmiuod II/Iothor Iwt of ahllHo 01' hIlS ongag\'d ill II pltltom 01' Ilraetlee fhat indiclttClI uon.illllud risk of hltl'lll 10 Ihe plllinlin: 8, i\ violation of this Order may su1ljeut the de/~ndltnt 10: i) IIITosl under 23 l'a,C.S, ~61 13; ii) It plivc1to uriminal eOlnfllailllllnder 2.1l'a,C,8, ~ull.ll; iii) It charge of indirecl criminal contempt under 23 1'/I,{',8, ~6114, punlshablc by imprisonment up 10 six months /Ind /I fine of S 100, OO-S 1,000,00; lUld iv) civil euntempt lindeI' 2.1 1'/I,C,8, ~6114,1. Resumption of co- wsldenee on Ihe pari of the plain IiiI' /lnd dc/imdltnl shallnol ilIdlily Ihe Pl'Ovisions oftho coul1 order, 9, The Mechanicshurll Police DcpaJ1ment shall be Pl'Ovided with a certified e(lPY of thi~ Order by the pl/linlHI's atlolTley and may enlorec this Order by alTest/ill' indirect criminal contempt without WII/Tant IIpon pro bailie calise that this Order has Ileen violated, whether or not the violation is committed in the presence of a police ollicel', In the event that an alTest is made under this section; the defendant shall he taken wilhollt unnecessary delay betore the court that issued the order, When that coul1 is unavailable, Ihe defcnwlllt shall he laken before the appropriate dis'riclJustice, (2.1 PIl,C,S, ~ 6ID). Bv the COUl'l . '...-"~ " ) " ~ -~_..._-.,.....-... --.-.---....--.. ..._-....._~----,---'----.. Edward E, GUido, Judge .loan Carey Attorney for Plaintiff ('~f~ /)I,(I~(~<( 't/I'/-/? i .& ~, Scott Edwllrd Linn Pro SC ! j g w' g i ~s ,~ ~&r ~ U i~ U ~ . *, lffi ~, . ~ ~ ~ Uc ! ~ u If,!111111111 1'lllli1li II 111.1 .~ lii~!~i~l~f r~~~~~ ~~ ~~~~~ "..'~' '. l ! ~ ~I ~!i' ~ j i I I'~ i i ~ j~! i ~ . ;1 .* I 5 * ~'~ ~ · II I I Ii 111'li I " w ~.II~' ~!llll' " 'i ! I ih! II! lili!,1I ! ! ! d d~ II II dilld I w ' c ! ~ BI~~! < ~ I~ I~~g>~ ~! i a a I , ! !Ii I I. I~~ I ! !! ~11!1~ I 11 111111111!1 ~ S I~~ ~~~ i3~~g !j~~ae~~~~f~ii~~a5~~I~ ~ 0- I~ /:,,[:, "~(\ r;1::" 'r,( [4'~L: fS If: ~ '" r;h ~, ...... :: , ~) -~ ~ ?-. , ;~ . ~ : 1 ~ ~1 ~ . 1: J C::J ... . '" r.~, .. ('l :t: "-. :::-:., ""'i f:rJ Q'1 /)IT ,"'1,1 ::.~ .'i.i' .'):.' ,::".,j .O)'!;!i t"':EiJ t,"'I'ea .;-;Q., (] . it i\ ! ~ i ; , i R it ,~ ~ if &3 i~ i3 l . *~ ;ffi ~~ . ~! UI ~i u Uiii I Ii .HI I II 111II11 I~il! ;l!ISI~il I! ;~I di~ ! ill ~ i UIU, h ~ ~ d ,.5' ni~IUUn nun ~~ ~~~2~ I"" 'I ~ I ~ ! ~ Ii l I Iii Pili Ii I . :, : i I ~ ~ .I~~!< ! , ' i ~I~ 3; h ~ i ~~~ I ~ i .t!~~ ~ 'I ! ~ 81~i!! d Igh~1 ~ I ! [R , ; ~t; m ; ~~ d~i ~ ~ w I ~ hn! ~ s IU ~u., h~~e !;~~aag!~~HH~UG~~i~ , . f