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HomeMy WebLinkAbout98-02606 AMY MICHELLE FAILOR, Plaintif1' IN TilE COURT OF COMMON PLEAS OF v, CUMBERLAND COUNTY. I'ENNSYLV ANIA NO.9H- c')Lq(J(.i' ('IVILTERM CIIRISTOPIIER HDW ARD MI XE!.!., Dclcndant I'ROTE('TION FROM ABUSE TEMPORARV PROTECTION ORDER AND NOW, this_']t/\ day of May, 199H, upon presentation and consideration of'the within Petition, and upon Iinding that the plaintif1', Amy Michelle Failor, now residing at 210 Stone House Road, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant. Christopher Edward Mixell, the following Temporary Order is entered, The defendant, Christopher Edward Mixell, (SSN' )(DOB 09/23/74), an adult individual now residing at 1417 Creek Road, Boiling Springs. Cumberland Counly. Pennsylvania, is hereby enjoined Ilom physically abusing the plaintifl: Amy Michelle Failor, or Ilorn placing her in fear of abuse, The defendant is ordered to stay away from the plaintiffs residence located at 210 Stone House Road, Carlisle. Cumberland County. Pennsylvania, a residence which is owned by the plaintiff's parents, Kaye and Robert Failor, Jr., and is ordered to stay away Ilorn any residence the plaintiff may in the future establish for herself The defendant is ordered to refrain Ilom having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, The defendant is eryoined from harassing and stalking the plaintill'llnd Irom harassing her relatives, The defendant is enjoined Irom entering the plaintiffs place of llmployrnent. The deflmdant is enjoined from damaging or destroying any property owned by the plaintln', A violation of this Order may subject the defendant to: i) arrto!t nnder 2J Pa.e.S. *6113; Ii) a private criminal complaint nnder 23 Pa.C.S. ~6113.1; Iii) a charge of indirect criminal contempt nuder 23 Pa.C.S. ~61 14, pnnishable by imprisonment np to sill months and a fine of$IOO.OO-$I,OOO.OO; and Iv) civil contempt nuder 23 Pa.e.S. *6114.1. This Order shall remain in enect until modil1ed or terminatlld by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. A HEARING SHALL BE HELD ON THIS MATTER ON MA Y f...~ 1998, AT ID :OD rl .M., IN COIJRTROOM NO. ~,OF THE CtJMBERLAND COUNT\' COURTHOUSE CARLISLE, PENNS\'L VANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing The Cumberland County Sherill's Department shall attempt to make service at the plaintiffs 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 ollice 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 and the Carlisle Police Depaltment shall be provided with certil1ed copies of this Order by the plaint ill's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without AMY MICHELLE FAILOR, Plaintifl' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I'ENNSYLV ANIA v, NO 98-, CIVIL TERM CllRISTOPllER EDWARD MIXELL. Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court, If you wish to defend agninst the claims set forth in the following pages, you must take action promptly aileI' this Petition, Order and Notice arc served. by appearing personally or by attorney at the hearing schedul\ld by the Court and presenting to the Court your defenses or objections to the claims set forth ngainst you, You are warned that if you fail to do so the Court may proceed without you, and a judgment may be \lntered against you by the Court without further notice lor any money claimed in the Petition or for any other claim or relief requested by the plaintifl', You mny lose money or property or other rights imp0l1ant to you, Any Protection Order granted by a Court may be considered ill any subsequent domestic relations proceedings, including custody actions. FEES AND COSTS If the case goes to hearing and the judge grants n Protection Order, n surcharge of$25,OO will be assessed against you, You may also be required to pay up to $250,00 to reimburse one of Legal Services, IRC.'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 yonr lawyer at once. If you do not han a lawyer or cannot alTord one, go to or telephone the office set forth below to find ont where yon CHII gtt legal help. CUMBERL.AND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PENNSYLVANIA 17013 TELEPHONE NUMBER: (7] 7) 249.] 166 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 !lnd reasonable accommodations available to disabled individuals having business before the court, please contact our office, All alT~ngements must be made at least 72 hours prior to any hearing or business before the court, h) On or about April 19911, the delendant telephoned the plaintlfl' twice at her residence. During 11m Ilrst telepll\lne call the delendant intel'Ogated the plaintiO' regarding her daily activities and socializing and thr4~atened her saying, "I'm guing to kill the you and the guy yuu are with." When the defendant telephuned the plaintiff the second time he threatened, "I'll see you Friday night and I'll kill you bulh." c) On 411' about Api iI 17, I ()911, the plaintitl' received a lelter from the defendant threatening that he would end up guing back tu rehab or jail, or that he wuuld kill himself or olhers. Fearing fhr her safety, the plaintif1' took the letter 10 the Pennsylvania State Police and repurted the incident. d) In or about mid.January 1998, the defendant threw a glass Ilgurine at the plaintiff nearly missing her shattering the glass againsl the wall. e) In or abuut late Nuvember 1997, the defendant, who was angry and yelling at the plaintifl: punched the side of her vehicle with his fist denting the metal. I) On or about August 2, 1997, Ihe defendant yelled al the plaintiff, fullowed her uutside when she tried to get away from him, grabbed her by the arm, and threw her to the ground causing her to hit her head against a metal swing. As the plainliff tried tu get up, the defendant kicked her in the ribs and about her legs causing her to fall to the ground. When she got to her knees trying to stand up, the defendant kicked her on the leg causing her to fall forward, punched her with his Ilsts about her abdomen and legs, kicked her repeatedly about her legs, pushed her to the ground, and choked her with both his hands. The defendant's stepfather and his wile, Donald and Kathy Sheafler, who heard the plaintifl's screams, yelled at the defendant to leave the plaint ill' alone. When the defendant continued to beat the plainlifl: the Sheallers let their dog out and the dog bit the defendant repeatedly about his legs causing him to be distracted from beating the plaintiff While the defendant was fending off the dug's atta(;k, Kathy helped the plaintiff get up from the gmund, took her intu the huuse, and ministered tu her injuries. MI'. Sheafler tuld Ihe defendant to leave or he would call the police on him. The plaintiff sustained bruising, soreness, and swelling about her torso, arms, and legs; soreness and ~dness about her neck, and soreness and lumps about her head as a result of this incident. g) In or about June 1997, the defendant threw a chair at the plaintiff hitting her in the leg with it. h) Since approximately June 1997, the defendant has abused the plaintiff in ways including, but not limited to, shoving, grabbing, choking, kicking, punching, and throwing her to the ground. In addition, the defendant has repeatedly threatened tu kill the plaintiff, to kill others associated with her, threatened her saying, "If) can't have you, no one will." and threatened to kill himself if she tried to leave him. The defendam also abused his dog frequently by kicking her about her body. The defendant intimidated and attempted to control the plaintiff by monitoring the time it took for her to get from her employment or home to his house, falsely accusing her if she were minutes later than he calculated the trip to take, interrogating her about her whereabouts, and becuming enraged if she spoke to others. S. 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. 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. 7 The plalnlill'desIH's tllot the dcfendant be enjolncd from harassing and stalking the Illllintlll: and Ihlllllull'ltssin!l her rcllltives. K. The plllintill'desires that the delendllnt be restrained frum entering her place of employnlllnt () Thc plllintill' desires that the defendant be e,yuined Ii'om damaging or destroying IlIlY plllllCl'ly owncd hy the plaintiff D. I<:XCLlJSIVE POSSESSION 10. The home at 210 Stone HOllse Ruad, Carlisle, Cumberland County, Pcnnsylvania, 11011I which the plaintill'is asking the Court to order the defendant to stay away from is owned in Ihc IUUlles of Kayc lInd Robcrt Failor, Jr.; and the dcfendant has ncver resided thcre. The plaintiff asks tlulI thc deltllldllnt he ordered to stay away from any residcnce she may in the fluure establish Ihr herself'. C. REIMBURSEMENT FOR COST OF CASE II. The plaintiff asks that the dcfendant be ordered to pay $250.00 to Cumberland County, une of Legal Serviccs, Inc.'s funding sources as reimbursement for the cost of litigating this case, and that the defendant be assessed the $25.00 surcharge and any court costs if the case goes to hCllring. WIII(REFORE, pursuant to the provisions of the "Protection from Abuse Act" ufOctober 7, 1l)'76, 23 ".S. ~6101 cl ~c.Q., as amcnded, the plaintiff prays this Honorable Court to grant the fhllowing rcllef: A. Grant a Temporary Order IlUnuant to the "Protection from Abuse Act:" I. Ordering the defcndant 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 including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain Ii'om harassing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting the defendant from entering the plaintiffs place of employment. 5. Prohibiting the defendant from damaging or destroying any property owned by the the plaintiff. 6. Ordering the defendant to stay away from the plaintift's residence located at 210 Stone House Road, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared, and any residence the plaintiff may in the future establish for herself: 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: I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear ofabuse. 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 l1'om harassing and stalking the plaintiff and from harassing her relatives. 4. Prohibiting the defendant from entering the plaintift's place of employment. ~ Q Il. ~ o ... w w :r: UJ ~ cs I~ ~ID ;!c( "'I! i~ ~L1. I~ i= (,) w ... ~ Do. .~ . I ........ <, ,. 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TERM CIIRISTOPIIER EDWARD MIXEI,I" Delendnnl PROTECTION FROM ABlISE PROTECTION ORDER AND NOW, this :JtJ::. day of June, 1998, upon consideration of the Consent Agreement of the parties, the folluwing Ordcr is entered I. The defcndant, Christopher Edward Mixell, is enjoined from physically abusing the plaintill: Amy Michelle Failor, or fh>m placing her in tear of abuse. 2. The defendant is enjoined Ih>m having any direct or indirect contact with the plaimill'including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain frolTl harassing and stalking the plaintiff and from harassing her relatives. 4. The defendant is prohibited from going to the plainlill's place of employment. S. The defendant is prohibited from damaging or destroying any propel1y uwned by the plaintiff. 6. The defendant is ordered to stay away Il'um th'e plaintill's residence located at 210 Stone House Road, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared, and any residence the plaint ill' may in the future establish for herself 7. Court costs and fees arc waived. 8. This Order shall remain in eflcct for a period of one (f) year and can be extended beyond that time if the Court finds that the defendant has cummitted an act of abuse or has engaged in a palt\~11l or practice thai indicates risk of harm to the plaintill~ This Order shall be AMY MICHELLE FAILOR, l'laintifl' IN THE COURT OF COMMON ('LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CHRISTOPHER I\DW ARD MIXELL, Defendant NO. 911-2606 CIVIL TERM PROTECTION FROM ABUSE CONSENT AGREEMENT ,''-- This Agreement is entercd on this ,:{(_ day uf May, 1l)()8, by the plaintitl~ Amy Michelle Failur, and the defendant, Christopher Edward Mixell. The plaintifl' 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. I. The defendant, Christuphcr Edward Mixell, agrees to refrain from abusing the plaintiff, Amy Michelle Failor, or from plllcing her in fear of abuse. 2. The defendant lIgrees not to have any direct or indirect cuntact with the plaintiff including, but not limited to, telephone lInd written communications. J. The defendant agrees not to harass and stllfk the plaintiff and not to hllrass the plaintill's relatives. 4. The defendant agrees not to go to the plaintifl's place of employment. 5. The defendant agrees not to damage or destroy any property owned by the plaintiff. 6. The defendant agrees to stay away from the plaint ill's residence lucated at 210 Stone House Road, Carlisle, Cumberland County, Pennsylvania, and any residence the plaintiff may in the future establish for herself 7. The defendant, although entering into this Agreement, does not admit the allegatiuns made in the Petition. 8. The defendant understands that the Pruteclion Order entered in this matter will be (~, '\ r .~ . I; ;1 ~, i I .r ~ <'l i'.-: ... b .. :~)~ l'~,,: - c,J ~~. p:P ::<: \"J ;~: ~r!' n." :;',j~] f' , (V) , .,C,:r.l) u.. I ",tj ~(Jl ~!,l ~ :;"(n c f... ::"J tJ) (j,. "J 1; co .1'~ "..) (J' () B .... ~ I fS c ! ".... ~ ".' j' 'J\;" . ... ! .. .;" , I j I i I i .. J I~ ,- f Iii j J I w J :z: en I I ~ J .. t I i ~ .. i J .~ .. I!I OIl f . , I!!&D ~c i tOJ -Ii ~ Ii j i J r- I~ !,s I I ~ j:: j ~ (J I ! I!! I .. i I ... ~ J j V) ~j I I~ I I II f ~ I I J It: I ! I I I I I~ . . !