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HomeMy WebLinkAbout98-02507 J : ~! ~ '\4 > \. " l;) '? ~ ~ I. Ii il t'-o <::), 101 ~ ~. ~I , ~I I I Owen E, Olasser, Plaintiff [N THE COURT OF COMMON PU:AS N' v, CUMBERLAND COUNTY, PENNSYLVANIA David A, Wire, NO, 98- CIVIL TERM Defendant PROTECT I ON FROM ABUSE NOTICE You have been !luud in court, I f YOU wi sh to (Jpf"nd 1l1~lIi n,st thf1 claims set forth in the following pages, YOll must take action promptlv aft.er this Petition, Order ami Notice IIl'fI Sf'I'YlHl. hv 1I0llfllll'inu personally or by att.orney at the hearing scheduled by the Court and presenting to the Court your defenses or ohlcctlons to the claims sot forth against you, You aro wlHned that if you fai I to do so the Court may proceed without you, Ilnd a .iudgment mav be entered against vou bv the Court without further notice for any monuy claimed in the Petition or for any other claim or relief requested by the Illltlntiff, Vnu mav lose money 01' property or other rights important to you. Any Protection Order grnnted 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 II Protection Order, ft surcharge of $25.00 wil I be assessed allainst vou, You mav also be required to pay up to $250,00 to reimburse one of LbRal Services, Inc, 's funding sources for LCRal 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, I f 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 Ret leRal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 L [BERTY A VENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 01' 1'01.1. FREE: l-ROO-990-9101l FAX: (717)249-2663 ~ERI~ANS WITH DISA8ILI1'IES 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 avai lable to disabled indlvidu/lls havlnl( business before the court. please contact our office. All afl'llngements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference 01' hearing, occasions, threntened to "fuck her up" causing her to feur for her safety, b. In or about Jnnullry 1998, the defendant becume angry and punched the plnintlff in the chest causing a bruise. c.ln or IIbout December 1997, the defendant punched the pllllntlrf several times about her head and bOdy clIuslng her to fall nnd hit her hend on the corner of an end table and temporarily lose consciousness. The defendant pushed the pialntlff, slapped her across the face, and threw her onto the furniture. The Incident resulted in swellIng on the plalntiff'R hend and bruising and soreneSR In her neck, shoulders, and torso. d. In 01' nbout November tCjlj7, the defendant pushed the plaintiff, choked her, picked her up and threw her onto the floor, love seat, and Rofa, e. On several oceaRions since November 1997, the defendant has abused the plnintiff In ways Including, but not Ilmi ted to, the following: pUshing /lnd shoving her, choking and punching her, tripping her causing her to filii, slapping her on the legs, and grabbing her legs causing pain and bruises, 5. The plaintiff believes and therefore avers that she is in Immediate and present danger of abuse fromihe defendant and 2 that she Is In need of protectIon from such abuse. 6. The pllllntlff desln's Ihllt the defend/lnt be prohibited from having any dlrecl or indirocl contact with the plaintiff Including, but not I lmi ted to, ((dephonlJ und wri t ten cornmunlcnt Ions. 7. The plninlif" desires that the defendant be enjoined from harnsslng nnd stalking the plaintiff, and from harassing the plnintlff's relatives. 8. The plaintiff desires that the defendant be enjoined from damnglng or destroying any property owned solely by the plaintiff. lh. EXCL.U.s.1XE-l'.QSsr~s~ IO~ 9, The mobite home which tho plaintiff is asking the Coutt to order the defendant to slay aWny from Is not owned or rented In the defendant's name. to. The defendant has his own residence the location of which Is unknown by the plulntiff, ~__~E I M8lJRI!.EMENT ....!':QIL.Q9Jl....T.....QE.!i..M.l\ 11. The plaintiff asks that the defendant bo ordered to pay $250.00 to relmburst. one of LtJglIl ~ervjc()s, Inc.'s funding sources for the cost of Ii tigat ing this cuso. WHEREFORE, pursuant. to t.htJ provisions of tho "Prott:lctlon from Abuse Act" of October 7, 1'176,7.3 I'II.C.S. 96101 III ~q., as .1 amended, the plalntHf pruys this lIonoruble Court to grant the following ra lief: A. Orant a Temporary Order pursuant to the "Protection from Abuse Aut:" 1. Ordering the defendant to refrain from ubusing the plulntiff or from placing her in feuI' of abuse. 2, Ordering the defendant to refrain from having any direct or Indirect contRct with the plaintiff including, but not I iml ted to, telephone und written co"~unicatlons. ], Ordering the dufendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4, Prohibiting the defendant from damaging or destroying property owned solely by the plaintiff. S. Ordering the defendant to stay away from the plaintiff's residence located at 40 Rolo Court, Mechanicsburg, cumberland County, Pennsylvania, and any other residence the plaintiff may establ ish. 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: 4 I. Ordering the defendant to refrain from abusing the plaintiff ~r from 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 ptalntlff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from damaging or destroying property owned solcly by the plaintiff. S. Ordering the defendant to stay away from the plaintiff's residence located at 40 Rola Court, Mechanicsburg, Cumberland County, Pennsylvania, and Bny other residence the plaintiff may establ Ish. 6. Ordering the defendant to pay $250.00 to reimburse one of Legat 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 Order be delivered to the Upper Allen Township Police Department which has jurisdiction to enforce this Order. 5 _,'C"'" ". :;,;::::); ,', '..:'~':: .:.~ S ~ I ~ ~ ~ I j .. 0 I I I I l i I I .. I I I I ! I . I I I I .. I I I Ii I I I I I I II I i I I ! ,.. ~ ~ I i ,.. 2 I <- Jr '2 - S ,.. i I ~ .j. S .. .IT ~ '2. - It t - i} J D Ww ~~ q~ I w~ .. I ':0 T ~':f I~~ "2.{) I Ih I ~1 I .. F I I !oo ~ At/) ~ I i+ j ~ i 1 1~Ir:i i l\i I: I, , , I~I, I l:l I~ I j J I i ! I oil I I ? QQ ~ j 6-2 r I] j ! I )2: i i 1:\1~::1:~\ ,~I[~~~~ ~l;~~:,...l..'~~ I .q::"1,,~: ;.k.:.~.:.::., or (;\'1 I , , " \ F' ,- , :iU i , ,/ , , ,-, I CU:\i!~ ,\, i.'