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HomeMy WebLinkAbout98-02607 , , Angefa R, Winters, Plaintiff IN 1~E COURT OP COMMON PLEAS OP V. CUMIIERLAND COUNTY, PENNSYLVANIA NO, 98-)(..(/7 CIVIL TERM Scott R. Winters, Defendant PROTECTION FROM ABUSE T.E."'-P.QR~!t'CJ'RO'!1iQTIQ!L ORDER AND NOW, t h I s...1_ day of May, 1998, upon presentation and consideration of the within Petition, Ilnd upon finding that the plaintiff, Angela R, Winters, now residing at an undisclosed locat lon, is in immediate and present danger of abuse from the defendllnt, Scott R, Winters, the folloWing Temporary Order is entered, Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff or her chi Id in the jurisdiction or district 411' furnish any address, telephone number, or any other demographic information about the plaintiff or her child except by further Order of Court. The defendant, Scott R, Winters, (SSN: 168-48-2723 and date of birth: 3/21/(6) now residin!! at 1114 Pheaslll)t Drive North, CarliSle, Cumberland County, Pennsylvanill, is hereby enjoined from PhYSically abusing the plaintiff, Angela R, Winters, or from placing her in fear of abuse, (~ - T~v de (aRllan t--+S-'<rx c I udeCl 1'Tmn-"tM-...p.l~l.n.t..iil_~re~; rlVA~g ~ 10':" t "d"'t---H'+4.--t>f111ll1!tllrrt--f}r+~ No l' L~, "il 1'1 i Ii l~..._ C'llllhg r 1 ulII... C~ly-.__.p_e.rHl~:"ly.l'!.r.U_~.L_1L~J.dance ll1U.c.lL.i1il Join t I Y own"cl hy t h.. .. pa'l'"ti'm'h---IIfl4...--3~_'Q tha.f J'.-.hl-en'c-e tlle P't1t1-rrt+ff-mll.v "~l,,b 11!l h. The defendant is ordered to refrain from haVing any direct ) or indirect contact with tho plaintiff or her minor child ;c, )" wV( Including, but not limited to, telephone and written" .-J.o communlcati\lnS, \)~~.J-.h .e...,(UvW. fiM.-,. '10';l1~^ ~ ~ ~~ ~~Uif1'" v.:l ~~I"'\ 0\o1h\ #\J'I.A.'\J~ The defendant is enjoined from harassing and stalking the plaintiff and from 11I1I"1Issing the plaintiff's relatives, The defendant is enjoined from entering the plaintiff's place of employment and the school of hur minor child, The defendant is enjoined from damaging or destroying uny property owned jointly by the partfes or owned solely by the plaint i ff. A violat ion of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 86113; il) a private criminal complaint under 23 Pa.C.S. 86113.1; iii) a charge of Indirect 4~riminal contempt under 23 Pa.C.S. 86114, 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. 86t14.I, Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions uf the court order. This Order shall remain in effect untif 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 .__Uc::. day of May, 1998, l\ t J~3 O.h'--1J, m" In Cou I' t room No. ....::i., Cumbe 1'1 and County Courthouse, Carlisle, Pennsyfvania, Angela R.Wlnters, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMHERLAND COUNTY, PENNSYLVANIA Scott R, Winters, Defendant NO, 98- CIVIL TERM PROTECTION FROM ABUSE NOTICE You have been sued In court, If you wish to defend against the claims set forth in the folluwlng pages, you must take action promptly after this Petition, Order and Notice arc served, by appearing personalfy Dr 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 fai f 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. J'EIULMlJ.LQOSTS 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 shouid 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 HAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NlJMHER: (717) 249-3166 or TOLL FREE: 1-800-990-9108 FAX: (717)249-2663 AMERICANS WITH DI SMl.IL.l'!'l.!\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 faci lities 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 uny hearing or business before the court, You must attend the scheduled conference or hearing. Angelu R, Winters, Plnintlff tN THE COLJRT OF COMMON PLEAS OF v, CUMnERLAND COUNTY, PENNSYLVANIA NO. 9Il-..!(.O? CIVIL TERM Soott R, Winters, Defendant PROTECTION FROM ADLJSE P-JrfJ.'flillL.EPJL1'_~Ql'ECT 1 ONp9RD.!tR REI.I HI' UNDER THE PROTHCl' /ON !'ROM AnUSE ACT, 23 Pa.c.s. 8 6101 et aeq. AL",t\DJJSJj 1. The plaintiff, Angela R, Winters, is an adult indlvidulll. 2, The plaintiff Is temporarily staying at an undisclosed location for her own proteotfon and to avoid further abuse as Is more fUlly set forth herein. This address wi II be furnished to the Court upon request, 3, The defendant, Scott R, Winters, (SSN: 168-48-2723) (Date of Dlrth: 3/21/661, Is Iln adul t Individual 1114 Pheasant Drive North, Carlisle, Cumberland County, PennSYlvania 17013. 4, The defllndant is the pllllntlff's husband. 5, Since apprOXimately June 1995, thll defendant has attempted to cause Ilnd has Intent lonally, knowingly, or recklesSly caused bodily Injury to the plaintiff, has placed the plaintiff In reasonable fellr of looninent serious bodily Injury, and has knowingly engllged in a course of conduot or repeatedly conllnltted acts toward the plaintiff Including fOllOWing the plaintiff, without proper lIuthorlzation, under circumstances which have placed the plllintiff in reasonable fear of bodily injury, This has inClUded, hut is not I imiled to, the fOllOWing specific instances of abuse: /I, On or about April ,10, 1998, the defendant pushed the plaint Iff, grabbed her IIround the neck II ft ing her off of the ground, and kicked her several times after she fell onto the floor, The police were called and charges were filed, b. On severlll occllslons In the past year, the defendant has pushed the plaintiff, shoved her against the counter and furniture, raised his hllnd as if to backhand her, threatened to hit her and her minor daughter, and thrown objects at her causing her to fear for her safety. c. In or about tho spring of 1997, the defendant became angry Ilnd kicked over the kitchen table causing the plaintiff to fear for her safety. d, On several occasions from in or about June 1995 and escalating in the past year, the defendant has pushed IInd shoved tho plaintiff causing her to fear for hor safety. 6, On or about April 30, 1998, the plaintiff and her minor child left their rosidence at It14 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania, in order to avoid further flbUGo. 7, The plaintiff bel loves and therefore avers that she is in immediate IInd present danger of abuse from the defendant 2 should she return to the home without the defendant's exclusion tlnd that she is In need of protect Ion from such Ilbuse. 8, The plaint i ff des ires thut the defendant be prohibl ted from huvlng uny direct 01' Indirect cuntact with the plaintiff or her minor child including, but not limited to, telephone and written communicutions, 9, The plaintiff desires that the defendant be enjoined from harassing Ilnd stalking the plllintiff', and from harassing the plaintiff's relatives. 10, The plaintiff desires that the defendllnt be restrained from entering her plllco of empluyment or the school of her minor child, 11. The plaintiff desires that the defendant be enjoined from damaging 411' destroying any property owned jointiy by the parties or owned solely by the plaintiff. h___cRXCLlJS I VJLf.91h'tts S I ON 12. The home from which the plaint iff is asking the Court to exclude the defendant is owned in the names of both the defendant and plaintiff. 13, The defendant Is currently residing Ilt 1114 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania. 14, The defendant hilS fllmlly IInd friE'nds In the area wi th whom he can stuy, 15, The pllllnt i 1'1' des I res possession of the home so as to give the greatest degree of continuity to the life of her child 3 .~. and to allow her to cont inue her educat Ion at her school and to continue her school and social activities, ~-..RillM.!H1KSE~ENT__f~1LGOST OF CASp' 16, The plaint i 1'1' asks that the defendant be ordered to pay $250,00 to reimburse one of l.eglll Services, Inc,'s funding sources for the cust of litigllting this case. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of Octuber 7, 1976,23 Pa,C,S. 66101 llll9.,. as amended, the plllintiff prays this Honorable Court to grant the following reflef: 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 her In fEar of abuse. 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor chi Id including, but not I imited to, telephone and written communications, 3. Ordering the defendant to refrain from haraSSing and stalking the plaintiff and from haraSSing the plaintiff's rellltlves, 4, Prohibiting the defendant from entering the plaintiff's place of employment or the school her minor chi Id. 4 . S. Prohibiting the defendant from damuglng or destroying property jointly owned by the parties or owned sulcly by the plaintiff, 6, Orantln~ possusslon of the home located at 114 Pheasunt Drive North, Carlisle, Cumberland County, Pennsylvania, to the plaintiff to the exclusion uf the defendant pending a final order I nth I s ma t tel' , 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 her in fear of abuse, 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor child Including, but not f Imited 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 defendant from entering the plaintiff's place of employment or the schoof her minor child, 5, Prohibiting the defendant frum damaging or S >- ,-r; f'r~ , lJ.I'- C_' fl' (".)' rl]l. !-. II)" ._.1 Li.:l! ~ ~ .\.'J '(:., <!' (I.. \ ':::I '" 6 'Ol I' -, . ~ '" \....; .. '1 .. 0 ,:.j :A \J ." ("I (= lr~ r,'r; , , .t: f' I.' (j """~ ~ ~~ ,) (~! en t." .'( -Vi ,1 1 ( . j " 6, Certified copies of the Order for Continuance will be delivered to the appropriate police departments by the attorney for the plaint I I'f, WHEREFORE, the pln/ntil'l' requests that the Cuurt grant this Motion and continue this lIIatter generally, and that the Temporary Protect Ion Order remain I n effect unt I I further Order of Court. Respectfully submitted, a'-~/IJ C(}UU(/' / (;ttfilca-I~Y~-Att;; r nlfro;:-p I a I n t i 1'1' ,,, J./<:GAL SERV ICES, I NC. 8 Irvine Row Carl/sle, PA 17013 (117) 243-9400 ,I any property owned by the plaintiff or Jointly nwncd by the parties. 6. The defendant Is ordered to stay away from the plaintiff's current residence and any other residence the plaintiff may establish. 7. The court costs Hnd fees are waived, 8. This Order shall remain In effect for a period of one year or until modified or terminated by the Court, The Order can be extended beyond Its original expiration date if the Court finds that the defendant hilS commi tted another act of abuse or has engaged In a pattern or practice that indicates continued risk of harm to the plaintiff, 9. A Violation of this Order may subject the defendant to: i) arrest under 2J fla.r.S, g61IJ; Ii) a private criminal complaint under 23 1'a,c,S, g61.tJ, I; IIi) a charge of Indirect criminal contempt under 23 Pa.c,s, g6114, punishable by Imprisonment up to six months and a fine of $100,00-$1,000.00; and Iv) civil conlempt under 2.1 Pa,r,s. g6114,I, Resumption of co-residence on the part of the plaintiff and defendant shal I not nUllify the provisions of the court order, 10, The appropriate police departments shall be provided with certified copies of this Order by the plaintiff's attorney and may enforce this Order by arrest for Indirect criminal contempt without warrant Upon probable cause that this Order has been violated, whether or not the violation Is committed in the Savannah L, Knepper, except when attending his son's educational and extracurricular activities at which time he agrees to have no contact with the plaintiff's daughter, 5, The defendant IIgrees not to dnmage ur destroy any property owned by tlte plulntlff or jointly owned by the purtles, 6, The defundunt IIgrees to stny away from the plaintiff's current residence and IIny other residence the plaintiff may establ ish, 7, The defendant, IIlthough entering Into this Agreement, does not admi t the allegllt ions made In the Pet i t lon, 8, The defendant understands that the Protection Order entered In this mat ter wi I I be in effect for a period of one year and CBn be extended beyond It original explratlnn date if the Court finds that the defendant has committed another /lot of abuse or has engaged in II pattern or practice that Indicates continued risk of harm to the plaintiff. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered In this case, 9. Violation of the Protection Order may subject the defendant to: I) arrest under 23 Pa.C,S, 66113; I I) a p,rlvate criminal complaint under 23 Pa,C,S, 66113,1; ill) /l ehar&e of Indirect criminal contempt under 23 Pa.C,S. 66114, punishable by imprisonment up to six months and /l fine of $100,00-$1,000,00; and Iv) clvi I contempt ur.der 23 Pa.C.S, 66114,1. ~ ~, .~ "'. ~ ~: II J- ~~, ..... In F;: 11', ....., " 'U.,r, (',~ ~::j C) 1 :J:: " } r' ' fti,": I:;', ~;" } ~ , c\) "':,;:) '. :tS:;>_ r.i:-'" ".,J l'1 -', I ~t ";.'Ir-;'I f);'" =:.' D:l~;~.. i 'I; I~.. <;1! :"J (.) Q, t) . 0, '1 ::j:''-.:J\:~; i !~ ~ - ~ Jz - j , ! j , ! '>-:}= (\ '2.0.- j~ j 'I ~ ~ ! cr j ! J j .!1? '00 J j j , ! '1.>- 00 J .:roll I "J" I ~~ J W . ' .. . ~~ J '1 j . j ~D j J 1 j o~ W J -!r~ M J J i .. I J J ~oI. I ..!:ro < I rVl , i!~ f j l ! .\J. . 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