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HomeMy WebLinkAbout98-03405 '1 q) 2 ~! ~' l;f.: ~' )2 " " " "', " "\ '1 '1:: ~ ~ ~ ~ ..... . .:::) ~ <::'J ~ ~ l'Y) . CIo . ~ ~, , , I A violation of this Order may subject the defendant to: i) arrest nnder 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 l'a.C.S. !j6113.1; iii) a charge of indirect criminal contempt under 23 l'lI.C.S. !j6114, 11IInishllble by imprisonment up to six months and llline of $1 00.00-$1,000.00; and iv) civil contemptnnder 23 1'1I.C.S. !j6114.1. This Order shall remain in eOecl until modi lied or terminaled by the Court and can be extended beyond its original expiration date if the Court Iinds that the delendanl has committed an act of abuse or has engaged in a paUern or practice that indicales risk of harm to the plaintilI The defendant is ordered lo relinquish lo the sheriO's department any weapons which he owns or possesses, including, but nol limited to, a 9mm hllndgun, has used or threatened to use in an incident of abuse against the plaintiff. The defendant is prohibited from acquiring or possessing any other weapons for the duration of the Order and is required to relinquish to the sheriff any firearm license the defendanl may possess, The defendant's weapons and firearm license may be returned at the expiration of the Protection Order after the defendant has submitted a written request to the Court for the return of the weapons and the Court has notified the plaintiff of the request and given the plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of the Pennsylvania State Police (Carlisle Barracks), and any other appropriate police departments, A HEARING SHALL BE HELD ON THIS MATTER ON JUNE AT I [) : 3 () /hM., IN COURTROOM NO.~, OF THE COUNTY COURTROUSE,CARLlSLE, PENNSYLVANIA, The plaintiff may proceed without pre-payment of fees pending a lurther order after the rJ-9 , 1998, CUMBERLAND hearing, The Cumberland County Sherill's Department shall attempt to make service at the plaintifl's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure, DANA MARIE HAAS, Plaintill. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 98- CIVIL TERM JASON LEE MAIIANES, Defendant PROTECTION FROM ABUSE NOTICE You have been sued in court, [I' you wish to defend against the claims set forth in the following pages, you must take action promptly after 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 scl 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 againsl you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintifI 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. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a 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, Inc,'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 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (7 I 7) 249-3166 or TOLL FREE: 1-800-990-9 I 08 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 and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made al least 72 hours prior to any hearing or business before the court. DANA MARIE IIAAS, Plaintil1' IN TilE COURT OF COMMON PI.EAS OF CUMBERI.AND COUNTY, PENNSYLVANIA v. NO, 98-____3_'l{}l___ CIVIL TERM JASON LEE MAl lANES, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 PlI.C.S. ~6101 et seq. A. ABUSE I. The plaintiff, Dana Marie Haas, is an emancipated minor residing at 502 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013, 2, The defendant, Jason Lee Mahanes, (SSN: Unknown)(DOB: 06/05/79), is an adult individual whose last known address is 241 Arch Street, Rear, Carlisle, Cumberland County, Pennsylvania 17013, 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately November 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 the plaintiff 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 in reasonable fear of bodily injury, This has included, but is not limited to, the following specific instances of abuse: a) On or about June 8, 1998, the defendant telephoned the plaintiff at her residence, argued with her, threatened to kill her, threalened to have 30 black girls kick her ass, and threalened to have her boyfriend killed, The plainliff, who is 8 ~ months pregnant, lea red IIII' her salety and reported the incident to the Carlisle ~' Poliee, b) In or about early May 1998, the dclendant telephoned the plaintil1' at her residence and threatened to come to her residence and shoot up the house, The plaintilT reported the threallo the Carlisle Police, c) In or about March 1998, the delendant threatened to kick the plainlill's ass ifshe did not allow him to see their baby aile I' it is born in July. d) In or about December 1997, the delendant shoved the plaintiff down onto a chair during an argument. e) In or about November 1997, the defendant slapped the plaintiff in the lace, The plaintiff sustained a red mark and soreness about her face as a result of this incident. I) Since approximalely November 1997, the defendant has abused the plaintiff in ways including, but not limited to, shoving and slapping her, restraining her by pinning the plaintiff against the kitchen counter, and shoving her away from the door to keep her from leaving, telephoning her residence repeatedly and arguing with her, threatening to kick her ass, have others harm her, and threatening to kill her boyfriend. 5, The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the delendant 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 her including, but not limited to, telephone, written, third party, or electronic communications, 7. The plaintilT desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives, 8, Thc plaintifl'dcsircs tlwt thc dcfcndant bc rcstraincd Ii'om going to hcr placc of cmploymcnt or school. 9, Thc plaintiff desires that any weapons the defendant owns or possesses including, but not limited to, a 9mm handgun, be conliscated by the Sherifl's Department and that the defendant be prohibited from acquiring or possessing any weapons for the duration of the Temporary Protection Order, B. EXCLUSIVE POSSESSION \0, The home located at 502 North Bedford Street, Carlisle, Cumberland County, Pennsylvania, from which the plaintifl' is asking the Court to order the defendant to stay away, is rented in the name of Ida Neal, and the defendant has never resided there, C. REIMBURSEMENT FOR COST OF CASE II, The plaintiff asks that the defcndant be ordered to pay $250.00 to Cumberland County, one of Legal Services, 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 hearing. A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" \, 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 including, but not limited to, telephone, written, third party, or electronic communications; 3, Ordering the defendant to refrain from harassing and stalking the plaintifl' and from harassing her relatives; w ~ o c.. ::> o I- W W :J: C/J <C ~ C wW u :JC/J 0::) "'m s< en:E ~O <0::: ~LL ~Z niO '" - I- o W I- o 0::: D.. ....i'.'. ".~."-,, ~;: . 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DANA MARIE HAAS, Plaintill' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 98-3405 CIVIL TERM JASON LEE MAI'IANES, Defendant PROTECTION FROM ABUSE ~OTECTION ORDER AND NOW, thi~ day' of June, 1998, upon consideration of the Consent Agreement of the parties, the following Order is entered: I, The defendant, Jason Lee Mahanes, is enjoined from physically abusing the plaintiff, Dana Marie Haas, or from placing her in fear of abuse, 2, The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone, written, third party, or electronic communications, 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives, 4, The defendant is prohibited from going to the plaintit1's place of employment or school. 5, The defendant is ordered to stay away from the plaintiffs current residence located at 502 North Bedford Street, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared, and any residence the plaintiff may in the future establish for herself. 6, Court costs and fees are waived, 7, This Order shall remain in et1'ect for a period of one (I) year and can be extended beyond that time 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. This Order shall be DANA MARIE HAAS, Plailltill' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 98-3405 CIVIL TERM JASON LEE MAIIANES, Delclldant PROTECTION FROM ABUSE CONSENT AGREEMENT ..,tl,/ This Agreement is entered 011 this2.9 day of June, 1998, by the plaintifl: Dana Marie Haas, and the defendant, Jason Lee Mahanes, 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 lollowing may be entered as an Order of Court. I, The defendant, Jason Lee Mahanes, agrees to refrain trom abusing the plaintitf, Dana Marie Haas, or trom placing her in fear of abuse, 2, The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone, written, third party, or electronic communications. 3, The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives, 4, The defendant agrees not to go to the plaintitfs place of employment or school. 5, The defendant agrees to stay away from the plaintiff's current residence located at 502 North Bedford Street, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared, and any residence the plaintiff may in the future establish for herself 6. The defendant agrees to relinquish to the sheriff's department any weapons which he owns or possesses including, but not limited to a 9 mm handgun, agrees that the weapons remain in the custody of the Cumberland County Sheriff's Department for the duration of the Protection Order, and agrees not to acquire or possess any weapons for the term of the Protection Order. 7, The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (I) year and can be extcndcd bcyond that time if the Court finds that thc defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. The dcfendant 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 thc Protcction Order may subject the detendant to: i) arrest undcr 23 Pa,C,S, 96113; ii) a private criminal complaint under 23 Pa.C,S, 96113.1; iii) a charge of indirect criminal contempt under 23 Pa,C,S, 96114, punishablc by imprisonment up to six months and a fine of$1 00,00-$1,000,00; and iv) civil contempt under 23 Pa,C.S, 96114,1. WHEREFORE, the partics requcst that a Protection Ordcr be entered to reflect the above terms. 7)r"'Ul{/l -/ '111L1/l j'f'; tJ()iJ1Y Dana Marie H".~laintiff Q~J JlUL., / ~;C;;;:ey, Attorney for P~- ~~ son Lee Mahanes, Defendant LEGAL SERVICES, INC. 8 Irvine Row Carli sic, PA 17013 (717) 243-9400 ., -"0 '''I: ~..'< ..,,;;.I......; ..\,. "~I ',,,': ,,' \/','., ~~.~,)l\'- ...... . '~1 .!ii' " .~. \~". "i 1 ,"" .'~ . " " . ~fo ;'>\ ~tr ,~..~(~~t ':":;"'>';~!''''' ~ "f'li.;,.' .';". .;:; ':"~::. 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