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HomeMy WebLinkAbout98-02624 KRISTIN MELISSA PRETTY. Plaintiff : IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 98-2624 CIVIL TERM RICK LEE STAIILER, Defendant PROTECTION FROM ABUSE PROTECTION ORnER AND NOW. this _~!~ay Of(V1~..., 1998, upon consideration of the Consent Agreement of the parties. the following Order is entered: I, The delendant, Rick Lee Stahler. is enjoined from physically abusing the plaintiff, Kristin Melissa Pretty, or from placing her in fear of abuse. I 2, The delendant is enjoined from having any direct or indirect contact with the plaintiff or her minor child including, but not limited to, telephone and written communications. 3. The delendant is ordered to refrain Ih)ln harassing and stalking the plaintiff and fi'om harassing her relatives and her minor child. 4. The defendant is prohibited fi'om going to the plaintiff's place of employment or her school. 5, The defendant is prohibited Irom damaging or destroying any property owned by the plaintiff or jointly owned by the parties, 6, The defendant is ordered to stay away from the plaintifPs current residence located at 24 Sinclair Road, Mechanicsburg, Cumberland County, Pennsylvania. which the parties have never shared, and any residence the plaintiff may in the luture establish for herself, 7. Court costs and fees are waived. 8, This Order shall remain in effect, tor a period of one (I) year and can be extended beyond that time if the Court finds thaI the defendant has committed an act of abuse or has engaged in a pattern or practice thai indicates risk of harm to the plaintil1', This Order shall be KRISTIN MELISSA PRETTY. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMIlERLAND COUNTY. I'ENNSYL VANIA v, NO. 98-2624 CIVil. TERM RICK LEE ST AIILER. Defendant PROTECTION FROM AIlUSE !;ONSENT AGREEMENT "1/.- This Agreement is entered on this ~ 8 day of May, 1998, hy the plaintiff. Kristin Melissa Prelly. and the defendant, Rick Lee Stahler. The plaintiff is represented by Joan Carey of LEGAL SERVICES. INC.; the defendant is unrepresented but is aware of his right to have an allorney. The parties agree that the following may be entered as an Order of Court. I. The defendant. Rick Lee Stahler. agrees to refrain tram abusing the plaintiff, Kristin Melissa Prelly. or from placing her in fear of abuse. 2 The defendant agrees not to have any direct or indirect contact with the plaintiff or her minor child including. but not limited to, telephone and wrillen communications. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives and her minor child. 4. The defendant agrees not to go to the plaintitl's place of employment or her school. S. The defendant agrees not to damage or destroy any property owned by the plaintiff or jointly owned by the parties. 6. The defendant agrees to stay away Irorll the plaintiff's current residence located at 24 Sinclair Road. Mechanicsburg. Cumberland County. Pennsylvania, which the parties have never shared, and any residence the plaintilf may in the future establish for herself. 7 The defendant, although entering into 'nis Agreelpenl. 40es not admit the allegations made in 'he Petilinn. IlO (I,. ~ "I, l'I ~ - ..lj ~ . ~ . -4 ,li i {1 !I g ,. , .. , ;,'11 [, U (i . KRISTIN MELISSA ('RETTY, ('lalntll1' IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, l'ENNSYLV ANIA v, RICK LEE STAIILER, Defendant NO. 98.u.2l"...J.lj PROTECTION FROM ABUSE CIVIL TERM TEMPORARY PROTECTION ORDER AND NOW, this m'J(~' day of May, 1998, upon presentation and consideration of the within Petition, and upon finding that the plaintitl~ Kristin Melissa Pretty, now residing at 24 Sinclair Road, Mcchanicsburg, Cumherland County, Pennsylvania, is In immediate and present danger of abuse from the defendant, Rick Lee Stahl, the following Temporary Order is entered. The defendant, Rick Lee Stahler (SSN: I S9.S6.8(19)([)OB OS/08/(7), an adult individual now residing at 22 Sinclair ROJld, Mechanicshurg, Cumberland County, I)ennsylvania, is hereby enjoined from physically abusing the plaintitl~ Kristin Melissa Pretty, or from placing her in fear of abuse. The defendant is ordered to stay away from the plaintill's current residence located at 22 Sinclair Road, Mechanicsburg, Cumberland County, I)ennsylvania, a residence to which the pJaintitl' and her minor child moved to avoid abuse, which is not owned or leased by the defendant, and is ordered to stay away Ii'om any residence the plaintitl'may in the future establish for herself. The defendant is ordered to reli'ain Ii'om having any direct or indirect contact with the plaintiff or her minor child including, but not Ilmitcd to, telephonc and written communications. The detcndant Is enjoined from harassing and stalking the p.laintitl' and from harassing her relatives, or her mlnOl" child. The defendant is enjoined trotn going to the plalntill's school or place of employment. The defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned by the plaintiff, A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. g6113; il) a private criminal complaint under' 23 I'a.es. g6\13.\; ill) a charge of Indirect criminal contempt under 23 Pa.C.S. g6\ \4, puuishllble by Imprisonment up to sill months and a fine ofSIOO.OO-$\,OOO.OO; and Iv) civil contempt under 23\'..C.S. g61 \4.1. Resumption of co-residence on the part of the plaintilf and defendant shall not nullity the provisions of the court order. This Order shall remain in ellect until modified or terminated by the COlll1 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, HEARING SHALL BE HELD ON THIS MATTER ON THE /3(JDA Y OF MAY. 1998, AT-) CU P .M., IN COURTROOM NO. --L, OF THE CUMBERLAND COUNTY COlJRTHOlJSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing, The Cumberland County Sherifl's Depal1ment 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 office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary sball not send a copy of this Order to the defendant by mail. The Pennsylvania State Police shall be provided with a certified copy of this Order by the plaintiff's attorney, This Order shall be enforced by any law enforcement agency where a violation OLcurs by arrest lor indirect criminal contempt without warrant upon probable cause that this KRISTIN MELISSA PRETTY, I'laintill' : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 98- CIVIL TERM RICK LEE ST AIILER, Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set tbrth in the following pages, you must laklJ action promptly aileI' 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 Comi without thrther notice for any money claimed in the Petition or for any other claim or relief requested by the plaintifl You may lose money or property or other rights important to you. Any Protection Ordcr 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 fllr Legal Services, Inc.'s representation of the plaintiff. YOII 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 YOII can get legal help. CUMBERLAND COUNTY BAR ASSOCIATiON 2 LIBERTY A VENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 or TOLL FREE 1-800-990-9108 FAX: (717) 249-2663 AMERICANS WITH DISABIUTU:S ACT m' 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 ollice. All arrangements must be made at least 72 hours prior to any hearing or business before the couri. KRISTIN MELISSA PRETTY, Plaintiff' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-.......!-" ~Y. _ _____ CIVIL TERM RICK LEE STAHLER, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELln' UNDER THE PROTECTION "'ROM ABUSE A<:T 23 Pa.C.S. ~6101 et seq. A. ABUSE I, The plaintiff, Kristin Melissa Pretty, ill an adult individual temporarily residing at 24 Sinclair Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant, Rick Lce Stahler (SSN: I 59-56-8619)(DOB: 05/08/67), is an adult individual residing at 22 Sinclair Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately September 1997, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has falsely imprisoned her pursuant to 18 Pa. C. S. * 2903, has placed her in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff reasonable fear of bodily injury, This has included, but is not limited to, the following specific instances of abuse: a) On or about April 23, 1998, the defendant threatened to throw out the plaintiff's college course books, followed her into the bedroom as she tried to hide the books from him, yelled at her and called her and her 7-year-old daughter names, and backhanded the plaintiff in the face. When the plaintiff tried to use the telephone to call the police for help, the defendant grabbbed the telephone from her, told her that she was not going to call the police, grabbed her by the arm as she tried to leave the residence, blocked the door with his body, and exlended his arms to keep her from getting out the door. The defendant was distracted when the plaintill'yelled for her daughter to run to the neighbor's home to call the police, and the plaintill' ran out of the house to the neighbors home where she waited until the Pennsylvania State Police arrived. Despite the troopers' attempts to get the defendant to leave the jointly leased residence, he refused, and they advised the plaintiff and her child to stay elsewhere for their safety and to avoid further abuse. b) In 01' about mid-March 1998, the defendant threw a can of beer at the plaintiff striking her above the eye, and pUllched her in the face. The plailltiff. who was bleeding 1'1'0111 the laceration above her eye and from her nose, tried to telephone the police for help, but the defendant grabbed the telephone from her, told her that she was not going to call the police, grabbed the blood-soaked towel she was using to stop the bleeding from her injuries, ripped the bloodied shh1 off of her, and threw the articles in the washing machine and washed them. The plaintiff sustained bruising, swelling and soreness about her head, face, nose and eye, has a visible scar approximately 3 inches long above her eye, and continues to experience soreness about her nose and eye socket as a result of this incident. The plaintiff sought medical attention for the irYury to her nose. e) In or about January 1998, after the plaintiff had gone to bed, the defendant entered the bedroom, jumped onto the bed, stood over the plaintiff who was lying on her side, and repeatedly stomped on the side of her head and face with his foot, straddled her, and pinned her to the bed. The plaintiff sustained soreness about her head and face as a result of this injury. d) In or about September 1997, the delendant used his body to block the doorway to keep the plaintiff Irom leaving the residence, picked h"r up oft' of the 11001', and threw her approximately 3-4 teet in the air causing her to lall to the 11001'. The plaintill'sustained soreness about her body as a result of this incident. 5. On or about April 24, 1998, the plaintHl' and her minor child lelltheir residence at 22 Sinclair Road, Mechr.nicsburg, Cumberland COllnty, Pennsylvania, in order to avoid Ihrther abuse. 6. The plaintilJ' 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. 7. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintilJ' or her minor child including, but nol limited to, telephone and written communications. 8. The plaintitl'desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives, or her minor child. 9. The plaintiff desires that the defendant be restrained from entering her place of employment or going to her school. 10. The plaintiff desires that the defendant be enjoined from damaging or destroying any property owned jointly by the parties or owned by the plaintiff. B. EXCUJSIVE POSSESSION II. The home located at 22 Sinclair Road, Mechanicsburg, Cumberland County, Pennsylvania, from which the plaintilJ' is asking the Court to order the defendant to stay away from is rented in the names of Jim and Mary Lard, and the defendant has never resided there. The plaintift' asks the Court to order the defendant to stay away from any other residence she may in the fillure establish for herself (;. t()S~.:S AND REIMB~JRSEMt:NT FOR C()~J OF CASI~ 12. The plaintifl' has suflllred losses as a result of the incident of abuse which occured in or about mid-March 1l)l)!I, by the defendant. The losses are listed on Exhibit A attached 13. The plainlifl' asks that the defcndant be OI'del11d to pay $2~O.OO to Cumberland County, one of Legal Services, (nc.'s fltnding sources as reimbursement fhr the cost or litigating this cose, and that the defcndant be assessed the $2~.OO surcharge and any court costs if the case goes to hearing. WHEREFORE, pursuant to the provisions of the "I)rotection fh)lI1 Abuse Act" of October 7, 1976,23 P.S. ~6101 et ~~Q., as amended, the plaintill'prays this Honorable Coul1 to grant the following relief: A. (;rant a Temporary Order pnrsllant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plainti!f or from placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contaet with the plaintiff or her minor child including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintif1' and from harassing her relatives and her minor child. 4. Prohibiting the defendant from entering the plaintiff's place of employment or going to her schooL 5. Prohibiting the defendant l1'om damaging or destroying any property Jointly owned by the parties or owned by the plaintiff. 6. Ordering the deflmdant to stay away from the plaintiff's current residence located at 22 Sinclair Road, Mechanicsburg, Cumberland County, Penn~ylvania, which the partie~ havc never shared, and any residence the plaintill' may in the future estllbli~h Ihr herself B. Schedule a heal'ing ill accordallce with the ,lrovislOIIS of the "Protedlon from Abuse Act," alld. after such hearlllll. en IeI' In order 10 be In eft'ed for II ,Ieriod of 0111' year: I, Ordering till' defendllnt to relhill from lIbu~illg the plllintiff or Ihlln plllcing her in fear of IIbus", 2, Ordering the defendant to reli'ain thlln having IIny direct 01' indirect contllct with the plaintiO' 01' her minor child including, but not limited to, telephone and written communications. 3, Ordering the delendant to rell'ain from hal'llssing lInd stalking the plaintiO' and from harllssing her relatives and her minor child, 4. Prohibiting the defendllnt 11'1)111 entering the plaintiO's place of employment or going to her school, S, Prohibiting the defendllnt from damllging or destroying property jointly owned by the parties 01' owned by the plaintiff 6. Ordering the defendllnt to stay aWllY from the plaintiff's current residence located at 22 Sillclair Road, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared, and any residen<:e the plaintiff rnllY ill the future estllblish for herself 7. Ordering the defendant to reimburse the plllintifl's out-of-pocket losses suffered as a result of the incident of abuse which occured in 01' about mid-March 1998, including, but not limited to, the losses listed on the attached sheetlllllrked Exhibit A, q., (-.1 (\/) ....~ ~ ....,. .\-'1 '1 '~ ,~ .. 1 1 J K ~.. t'" f.c; " "'J c: .....l ('/j lU~ L) \1: ; " (~.' '(::1'" r' l-u..i I f)II.l ~, -, l~ ~ i r-.: IL " e:} -) 0. ul 0 CiIlI::riIFF'"ld;;TUHN Ii EOll/..!1 I( CASE NOI 1998-02G24 P COMMONWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND PRETTY KRISTIN MELISSA ~..._-_.---,..._-~.....__...,-~---...........-......................... VB. ST A HLE!LI< I C ILbKL_____.____.~_ STEVEN JtJIISiTJ..!;;.!L.__._______ . Shl?riff or Dep\lty Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn ,wc:or.ding t,o lEOI, Fays, thE' w.ilhin PROn:QJ'TDUR.Q.!1 ABUSE was r,erve>ti u po n E:T A 1i1.!ill.....R I ClLJ.Jill_________. defendant, at --li2J 5(,.. /lOUrif:, on thE' UJJJ. liay dc[ !1..i!L.____ 199B at --22_SIt!s:..LA1.1L..IlgA[J____________._____~_. MECHANICSBUR~ PA ...lZ-\'ISio'_ . __'___ ..______' CUMBERLAN(J _, Cl1unty, Pennsy.lvania, by handing to RICII..J,J':E SlAfILE'JL_________ a true and attested coepy of the.. PROTECTION FfWM A BlIS.lL________ together with IEMPQRAIi.'L PROTECTION ORDER __--'--_____~._____, ,wd at the same time dll'.ecting lIis attention to the contents therE'of. -----.--- thE' Sheriff's Costs I Dooketing Servioe Affj,davit Burch~:rgE' 18,00 5.58 .00 5.0(1 So an;:':!~ ,.~ ~t 11': ThOmaSIiTJr;e;-'-~ -_______,_ $29.58 00/00/e/000 by ~_.--. ~ .. I.) l../':;'oL . ..Jc~~--.zllT_L~J. ) l.(?f.lU l Y .....1 18r.1 Sworn and subscribed to before me this j.2 !"'_. day of Jt~____ IIp 1 ~J~__..!..___ A. D. ~k.,,-_O~.~'~/I: , l..~___ fiC!- ICHlota:vy