HomeMy WebLinkAbout98-03298
LAW OFFICt;8
SNtLBAKEft.
BRENNEMAN
8< SPAR.
and ,..". in I..ht ,atUJ4aaJOII Lo Ll.a She!: iff ~
Cumbar.l&Rd QIIIUlty.
This Temporary Order shall remain in effect until a final
order is entered in this case. A hearing shall be held on the
Petition and this matter on the l~ day of ~lJ)\ 0
1998 at '-;"1' o'clock, (J M. , in Courtroom NO.~~
Cumberland County Court House, Carlisle, pennsy 1 vania.
The Petition and this Order shall be served upon the
Respondent in accordance with applicable Rules of Civil
Procedurl3.
The Shiremanstown PoUce Department will be provided with a
copy of this Order by Petitioner's attorneys. This Order shall
be enforced by any law enforcement agency when a violation ocours
by arrest for indirect criminal intent. The arrest may be
without warrant upon probable oause that this Order has been
violated, whether or not the violation is committed in the
presence of the police officer. In the event that an arrest is
!
made under!this section, the Respondent shall be taken without
unnecessary delay before the Court that issued the Order. When
the Court is unaval::'able, the Respondent shall be arraigned
before the appropriate district justice.
BY
,
I
J.
LAW t'.lf'PIClU
SNEl.BAKER,
BRENNEMAN
8l SP^RE
II
KELLY L. COOK,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, p~NNaYLVANIA
NO. 98- cll'if CIVIL TERM
plaintiff
v.
WESLEY L. COOK,
Defendant
PROTECTION FROM ABUSE
PETITION FOR PROTECTIVE ORDER
UNDER THE PRO'I'ECTION FROM ABUSE ACt
Plaintiff and Petitioner, KELLY L. COOK, by her Attorneys,
SNELBAKER, BRENNEMAN & SPARE, P.C., submits this Petition for
protective Order Under the protection From Abuse Act (23 Pa.
C.S.A. S6101, et seq.) and in support thereof states the
following:
ABUSE
1. The Plaintiff/Petitioner, Kelly L. Cook, is an adult
individual residing at 4 North Stoner Avenue, Shiremanstown,
Cumberland County, Pennsylvania.
2. The Defendant/Respondent, Wesley L. Cook, is an adult
individual residing at 114 East Keller street, Meohanicsburg,
Cumberland County, Pennsylvania.
3. The Petitioner and Respondent are married and are
Plaintiff and Defendant, respectively, in a divorce prooeeding
initiated by Petitioner on February 10, 1998, docketed to No. 98-
757 civil Term, Cumberland county, Pennsylvania.
4. On Wednesday, June 10, 1998, at Petitioner's residenoe
noted in Paragraph 1, above, the Respondent did abuse Petitioner
by attempting to cause, and intentionally, knowingly or
l.AW 0""101::6
SNELBAKE;R.
BRENNEMAN
a SPARE
reoklessly oausing bodily injury to Petitioner in the, following
manner:
Respondent did forcibly enter Petitioner's
residence after being repeatedly requested to leave the
premises. While Petitioner was entedng the front door
of the premises, Respondent did foroibly pull open the
door to gain entry to the premises thereby oausing
injury to Petitioner's wrist causing her to seek and
obtain medical treatment and to be required to miss
work for a period of three days.
Respondent repeatedly threatened bodily injury to
Petitioner and Petitioner's brother who was present
with Petitioner at the time of the incident set forth
above.
5. Respondent's actions as set forth above caused
Petitioner substantial pain and injury.
i
6. On other occasions, Respondant has ~erbally harassed
Petitioner and physioally threatened and abused her as follows:
a. In June, 1997, Respondent in a fit of anger,
pinned and restrained Petitioner to a oouch causing
bruises to Petitioner's collar bone and throati
b. In October, 1997, Respondent came after
Petitioner when Petitioner was in a motor vehicle and,
when unable to physically grab Petitioner, struok the
hood of Petitioner's vehicle causing damage to the
vehicle i
-2-
LAW 0""10118
SNF.l.BAKEfI.
BRENNEMAN
6l SPARE:
Q. In Ootober, 1996, in a fit of anger and rage,
Respondent did forcibly physically throw Petitioner
onto a couch i
d. Respondent on Several ocoasions in anger threw
items toward and around Respondenti and
e. Respondent threatened injury to Petitioner.
7. Petitioner believes and therefore avers that she is in
immodlate and present danger of abuse from the Respondent and
that Petitioner is in need of proteotion from suoh abuse.
8. The Petitioner desires that the Respondent be ordered to
refrain from having any contact with Petitioner inClUding, but
not limited to, entering the property and residenca at 4 North
Stonsr Avenue, Shiremanstown, which previous to the initiation of
the divorce prooeeding was the parties' marital residence, and
entering Petitioner's place of employment and harassing the
Petitioner.
~OSTS AND A1'TORNEYS' FEES
9. The Petitioner asks that the Respondent be ordered to
pay the costs of filing and service of this Petition and to pay
reasonable attorneys' fees pursuant to the Protection From Abuse
Act.
WHEREFORE, Petitioner requests this Court to grant the
following relief:
A.
Grant a Temporary Order:
1. Requiring the Respondent to refrain from
abusing the Petitioner or placing the
-3-