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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98- 3 ~l 3L\ CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
SHIRLEY A. LEE,
Plaintiff
WILLIAM D. LEE,
Defendant
:
~y PROTECTION ORDER
AND NOW, this 19th day of June, 1998, upon presentation and
consideration of the within Petition, and upon finding that the
plaintiff, shirley A. Lee, now residing at 651 Lynes Road,
Dillsburg, Cumberland County, Pennsylvania, is in immediate and
present danger of abuse from the defendant, William D. Lee, the
following Temporary Order is entered.
*Law enforcement agencies, human service agencies and school
districts shall not disclose the presence of the plaintiff and/or
the child/ren in the jurisdiction or district or furnish any
address, telephone number, or any other demographic information
about the plaintiff and/or child/ren except by further Order of
Court.
The defendant, William D. Lee, (SSN: 184-48-7656)
(DOB: 3/24/59) now residing at 6 South Second street, Dillsburg,
York County, Pennsylvania, is hereby enjoined from physically
abusing the plaintiff, Shirley A. Lee, or from placing her in fear
of abuse.
The defendant is ordered to stay away from the plaintiff's
residence located at 651 Lynes Road, Dillsburg, Cumberland County,
Pennsylvania, a residence which is jointly owned by the parties and
,
'~
..
is ordered to stay away from any residence the plaintiff may in the
future establish for herself.
The defendant is ordered to refrain from having any direct or
indirect contact with the plaintiff including, but not limited to,
telephone and written communications.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing her relatives, or the parties' minor
child.
The defendant is enjoined from entering the plaintiff's place
of employment/business or school.
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. 56113; ii) a private criminal complaint
under 23 Pa.C.S. 56113.1; iii) a charge of indirect criminal
contempt under 23'Pa.c.s. 56114, 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. 56114.1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nu1lifv the
provisions of the court order.
This Order shall remain in effect until modified or terminated
by the Court and can be extende~ 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.
,
The defendant is ordered to relinquish to the sheriff's
department any weapons which he owns or possesses. 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 defendant 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 and the sheriff of
Cumberland County,
j-p</
A HEARING SHALL BE HELD ON THIS MATTER ON THE ;29 DAY
(l/1A~ 1998, AT II ~ ,I)) Ifhc, IN COURTROOM No.l, OF
jfov-.CUMBERLAHD CO~TY COURT~OUSE, CARLISLE, PENNSYLVANIA.
OF
THE
The plaintiff may proceed without pre-payment of fees pending
a further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff's 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 shall
not send a copy of this Order to the defendant by mail.
'~'
SHIRLEY A, LEE,
Plaintif f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98- . :{.I../) 1../
CIVIL TERM
WILLIAM D, LEE,
Defendant
: PROTECTION FROM ABUSE AND CUSTODY
NOT ICE
You have been sued in court. If 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 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 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.
FEES AND cos'rs
If the case goes to hearing and the judge grants 0 Protection Order, 0
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 representotion of the plaintiff.
You have the right to be represented by counsel.
take this paper to your lawyer at once. If you do
lawyer or cannot afford one, go to or telephone the
forth below to find out where you can get legal help.
You should
not have a
office set
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166 or TOLL FREE: 1-800-990-9108
FAX: (717) 249-2663
ID4ERICANS 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 at least 72 hours prior to any hearing or business before
the court.
SHIRLEY A, I.EE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM O. LEE,
Defendant
NO. 98- .j '/3'1
CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
EETI~ION FOR PROTECTION ORDER
RELIEF UNDER THE PROTECTION FROM ABUSE ACT
23 Pa.C.s. S610I et seq.
A. ABUSE
1. The plaintiff, Shirley A. Lee, is an adult individual
residing at 651 Lynes Road, Dillsburg, Cumberland County,
Pennsylvania 17019.
2. The defendant, William D. Lee, (SSN: 184-48-7656)
(OOB: 3/24/59), is an adult individual residing at 6 South Second
Street, Oillsburg, York County, Pennsylvania, 17019.
4. The defendant is the husband of the plaintiff.
5. Since approximately, Friday, June 19, 1998, the defendant
has attempted to cause and has intentionally, knowingly, or
recklessly caused bodily injury/serious bodily harm to the
plaintiff, 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
including following the plaintiff without proper authorization.
This has included, but is not limited to, the following specific
instances of abuse:
a) On Friday, June 19, 1998, at approximately 12:30
p.m., plaintiff returned from a vacation. Upon entering
the drive way of the marital home, the plaintiff began to
remove her possessions from the vehicle when defendant
sped into the driveway.
Plaintiff inquired what, if anything, defendant
needed and defendant responded by being verbally abusive.
Defendant's present girlfriend, Tina Reitz, also
confronted plaintiff and began to threaten plaintiff.
Defendant began to accused plaintiff of making him
look bad to the Court by filing a request for a
modification support, As the conversation began to
become more heated Defendant raised he closed fist as
though to strike plaintiff, each time, defendant's
girlfriend stopped defendant. Defendant then grabbed
plaintiff by the upper arm with sufficient force to
create scratches and marks on plaintiff's arm.
Defendant's girlfriend then punched plaintiff in the
stomach. Defendant was continually abused the plaintiff
by verbally berating her during this episode,
At that point plaintiff's boyfriend exited the home
and removed defendant and his girlfriend who were both
attacking the plaintiff, Defendant was then instructed
to leave the premises,
Plaintiff filed
Pennsylvania State Police
criminal
for
charges with the
the events which
transpired.
b) On various other occasions, Defendant has verbally
abused plaintiff by threatening to "get even" with
plaintiff,
3. The plaintiff believes and therefore avers that she is in
immediate and present danger of abuse from the defendant should she
remain in the home without the defendant's exclusion and that she
is in need of protection from such abuse.
4. 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.
5. The plaintiff desires that the defendant be enjoined from
harassing and stalking the plaintiff, and from harassing her
relatives.
6. The plaintiff desires that the defendant be restrained
from entering her place of employment/business or school.
7. The plaintiff desires that the defendant be enjoined from
damaging or destroying any property owned jointly by the parties or
owned by the plaintiff.
S. The plaintiff desires that any weapons the defendant owns
or possesses be confiscated by the Sheriff'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
9. The home locate at 651 Lynes Road, from which the
plaintiff is asking the Court to exclude the defendant is owned in
the names of plaintiff and the defendant.
10. The plaintiff desires possession of the home so as to
give the greatest degree of continuity to the life of the child and
to allow her to continue her education at her school and to
continue her school and social activities.
C. LOSSES AND REIMBURSEMENT FOR COST OF CASE
11. The plaintiff asks that the defendant be ordered to pay
$250.00 to Peter J. Russo, Esquire and that the defendant be
assessed the $25.00 surcharge and any court costs if the case goes
to hearing.
WHEREFORE, pursuant to the provisions of the "Protection from
Abuse Act" of October 7, 1976, 23 P.S. !!;6101 et seq., as amended,
the plaintiff prays this Honorable Court to grant the following
relief:
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
including, but not limited to, telephone and
written communications.
3, ordering the defendant to refrain from harassing
and stalking the plaintiff and from harassing her
relatives.
4. Prohibiting the defendant from entering the
plaintiff's place of employment/business or school.
5. prohibiting the defendant from damaging or
destroying any property jointly owned by the
parties or owned by the plaintiff.
6. Granting possession of the home located at 651
Lynes Road, Cumberland County, Pennsylvania, to the
plaintiff to the exclusion of the defendant, and
ordering the defendant to stay away from any
residence the plaintiff may establish for herself
pending a final order in this matter,
7. Ordering the defendant to relinquish to the
sheriff's department any weapon/s which he owns or
possesses and prohi.biting the defendant from
acquiring or possessing any weapons for the
duration of the Temporary Protection Order.
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 and/or from placing her in fear of
abuse.
possesses and prohibiting the defendant from
acquiring or possessing any weapons for the
duration of the Protection Order.
~
~::~submitted'
Peter J. Russo
61 West Louther Street
Carlisle, PA 17013
(717) 249-2721
9. Ordering the defendant to pay $250.00 to Peter
J. Russo as reimbursement for the cost of
litigating this case, and assessing the $25.00
surcharge and court costs to the defendant if the
case goes to hearing.
The plaintiff further asks that this Petition be filed and
served without payment of fees and costs by the plaintiff, pending
a further order at the hearing, and that a certified copy of this
Petition and Order be delivered to the Pennsylvania State Police
which have jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
Date:
Fridav. June 19. 1998
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SHIRLEY A. LEE,
Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
WILLIAM D, LEE,
Defendant
NO, 98-3434 CIVIL TERM
PROTECTION FROM ABUSE
f{DER FOR CONTINUANCE
AND NOW, this ~ day of July, 1998, upon consideration of the attached
Motion for Continuance, the hearing scheduled for July 20, 1998, in Courtroom No.3 of
the Cumberland County Courthouse, Carlisle, Pennsylvania has been generally
continued.
The Temporary Protection Order of June 19, 1998, remains in effect pending
further order of Court.
This Order is entered without prejudice to either party to request a hearing,
By the Court,
Peter J, Russo
Attorney for Plaintiff
Jane M. Alexander
Attorney for Defendant
~
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1.070, ?P'
'-I'- "
85. The allegations herein state a conclusion of law to whieh no response is necessary.
To the extent an answer may be required, any and all allegations that the Plaintiffs have failed to
state a claim upon whieh relief may bc grantcd arc spccifically dcnied,
86. The allegations hcrein state a conclusion of law to which no response is necessary.
To the extent an answer may be required, any and all allegations that Plaintiffs' claim is barred and/or
limited by the applicable Statute of Limitations are specifically denied,
87, The allegations herein state a conclusion oflaw to which no rcsponse is necessary.
To the extent an answer may be required, any and all allegations that the Plaintiffs were negligent and
that their negligence exceeded the negligence of the Answering Defendants, thereby barring recovery by
operation of the Pennsylvania Comparative Negligence Act are specifically denied. Any and all
allegations that any claim and/or cause of action is barred by the operation of contributory/comparative
negligence of the parents, Ruth and Randy Bouder, is specifically denied. It is specifically denied that
any contributory negligence of the parents, said negligence being specifically denied, can be imputed to
Nicole Bouder. It is specifically denied that the Plaintiffs were contributorily negligent. It is specifically
denied that the Plaintiffs were comparatively negligent. It is specifically denied that this action is barred
and/or limited by any comparative negligence and/or contributory negligence of the Plaintiffs, said
negligence being specifically denied, Any and all allegations that the Answering Defendants are without
liability in this matter are specifically denied. Rather, the Answering Defendants, along with the other
named Defendants, are jointly and severally liable for the injuries and damages to the Plaintiffs as set
forth in the Complaint. Said injuries and damages were the direct and proximate result of the
negligence of the named Defendants, including the Answering Defendants,
88, The allegations herein state a conclusion oflaw to which no response is necessary,
2
~.::....;. -: ',r:', ,~... '.... ,:,1;".' .'.....J v... '\""';'" .';' :'~.'1:::,J ;.,,~.,~...._ '~'.". ,::.~t~' "_'.:,~::'~~: '::' '.'~~\':.' ~,' .)' '''':,''..' ,:~":: ,':
To thc cxtcnt an answer may be rcquircd, any and all allcgations that thc Plaintiffs wcre ncgligcnt and
that their ncgligcncc e:<ccedcd thc ncgligence of thc Answcring Dcfcndants, thcrcby barring rccovcry by
operation of the Pennsylvania Comparativc Ncgligcnce Act arc specifically denied. Any and all
allegations that any claim and/or cause of action is barred by the operation of contributory/comparative
negligence of the parents, Ruth and Randy Boudcr, is specifically denied, [t is specifically denied that
any contributory negligence of the parents, said negligence being specifically denied, can be imputed to
Nicole Bouder. It is specifically denied that thc Plaintiffs were contributorily negligent. It is specifically
denied that the Plaintiffs were comparatively negligent. It is specifically denied that this action is barred
and/or limited by any comparative negligence and/or contributory negligence of the Plaintiffs, said
negligence being specifically denied, Any and all allegations that the Answering Defendants are without
liability in this matter are specifically denied, Rather, the Answering Defendants, along with the other
named Defendants, are jointly and severally liable for the injuries and damages to the Plaintiffs as set
forth in the Complaint. Said injuries and damages were the direct and proximate result of the
negligence of the named Defendants, including the Answering Defendants,
89. The allegations herein state a conclusion oflaw to which no response is necessary.
To the extent an answer may be required, any and all allegations that the Plaintiffs assumed the risk of
their actions or inactions are specifically denied. It is specifically denied that this action is barred and/or
limited by the doctrine of assumption of the risk, said assumption being specifically denied. Any and all
allegations that the Answering Defendants are without liability in this matter are specifically denied.
Rather, the Answering Defendants, along with the other named Defendants, are jointly and severally
liable for the injuries and damages to the Plaintiffs as set forth in the Complaint. Said injuries and
damages were the direct and proximate result of the negligence of the named Defendants, including the .
3
Answcring Dcfcndants.
90. Thc allcgations hcrein state a conclusion of law to which no rcsponsc is ncccssary,
To the extcnt an answcr may bc rcquired, any and all allcgations that thc Plaintiffs' injuries wcre
sustained as a result of natural or unknown causes and not as the result of any action or inaction by the
Answering Defendants arc specifically denied, Any and all allegations that the Answering Defendants
are without liability in this mattcr are specifically denied. Rather, the Answering Defendants, along with
the other named Defendants, are jointly and severally liable for the injuries and damages to the Plaintiffs
as set forth in the Complaint, Said injuries and damages were the direct and proximate result of the
negligence of the named Defendants, including the Answering Defendants,
91. The allegations herein state a conclusion oflaw to which no response is necessary.
To the extent an answer may be required, any and all allegations that the Answering Defendants
provided full, complete, proper, reasonable and adequate medical care and treatment in accordance with
the applicable standard of care are specifically denied, Any and all allegations that the Answering
Defendants are without liability in this matter are specifically denied, Rather, the Answering
Defendants, along with the other named Defendants, are jointly and severally liable for the injuries and
damages to the Plaintiffs as set forth in the Complaint. Said injuries and damages were the direct and
proximate result of the negligence of the named Defendants, including the Answering Defendants.
92. The allegations herein state a conclusion oflaw to which no response is necessary.
To the extent an answer may be required, any and all allegations that no conduct on the part of the
Answering Defendants was a substantial factor in causing or contributing to any harm which the
Plaintiffs sustained are specifically denied, Any and all allegations that the Answering Defendants are
without liability in this matter are specifically denied. Rather, the Answering Defendants, along with the
4
othcr namcd Dcfcndants, arc jointly and scvcrally liablc for thc injurics and damagcs to thc Plailltin's as
sct forth in thc Complaint. Said injurics and damagcs wcrc thc dircct and proximatc result ofthc
negligence ofthc namcd Dcfcndants, including the Answering Dcfcndants,
93, Thc allegations hcrcin state a conclusion of law to which no rcsponse is necessary,
To the extent an answcr may be requircd, any and all allegations that Plaintiffs' injuries and damages
were caused by the conduct of others whom the Answcring Defendants had no control or right to
control are specifically denied, Any and all allegations that the Answering Defendants are
without liability in this matter are specifically denied, Rather, the Answering Defendants, along with the
other named Defendants, are jointly and severally liable for the injurics and damages to the Plaintiffs as
set forth in the Complaint. Said injuries and damages were the direct and proximate result of the
negligence of the named Dcfendants, including the Answering Defendants,
94. The allegations herein state a conclusion of law to which no response is necessary.
To the extent an answer may be required, any and all allegations that all claims and causes of action
pleaded against the Answering Defendants are barred by Plaintiffs' knowing and voluntary informed
consent to the care in question are specifically denied, Any and all allegations that the Answering
Defendants are without liability in this matter are specifically denied, Rather, the Answering
Defendants, along with the other named Defendants, are jointly and severally liable for the injuries and
damages to the Plaintiffs as set forth in the Complaint. Said injuries and damages were the direct and
proximate result of the negligence of the named Defendants, including the Answering Defendants.
95, The allegations herein state a conclusion oflaw to which no response is necessary.
To the extent an answer may be required, any and all allegations that all physicians rendering medical
care or treatment to Plaintiff minor were independent contractors in relationship to the Answering
5
Defendant Carlisle Hospital and were not agents, ostensible agents, servants and/or employees of the
Defendant Hospital are specifically denied, Any and all allegations that the Answering
Defendants are without liability in this matter arc specifically denied, Rather, the Answering
Defendants, along with the other named Defendants, are jointly and severally liable for the injuries and
damages to the Plaintiffs as set forth in the Complaint. Said injuries and damages were the direct and
proximate result of the negligence of the named Defendants, including the Answering Dcfendants,
96. The allegations herein state a conclusion of law to which no response is necessary.
To the extent an answer may be required, any and all allegations that insofar as any agent, servant or
employee of Defendant Carlisle Hospital or any person for whom it is or may be vicariously liable,
elected a treatment modality which is recognized as proper but may differ from another appropriate
treatment, thereby relieving the Answering Defendants from liability under the "two schools of thought"
doctrine are specifically denied, Moreover, the Defendants failed to diagnose Nicole Bouder's condition
and the "two schools of thought" doctrine has no applicability to a failure to diagnose claim, Any and
all allegations that the Answering Defendants are without liability in this matter are specifically denied.
Rather, the Answering Defendants, along with the other named Defendants, are jointly and severally
liable for the injuries and damages to the Plaintiffs as set forth in the Complaint. Said injuries and
damages were the direct and proximate result of the negligence of the named Defendants, including the
Answering Defendants,
97, The allegations herein state a conclusion oflaw to which no response is necessary.
To the extent an answer may be required, any and all allegations that the Answering Defendants took all
reasonable and necessary steps to make a proper and appropriate diagnosis are specifically denied. Any
and all allegations that, to the extent it may be determined that the diagnosis was in error, the
6
CERTIFICATE OF SERVICE
I, Christina A, Mahady, hereby certify that on this c5"'lhday of November, 1998
a true and correct copy of PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS
OF DOCUMENTS was served upon all counsel of record by depositing same in the United
States mail, first-class postage prepaid and addressed as follows:
Michael M, Badowski, Esquire
REYNOLDS & HAVAS
101 Pine Street
Post Office Box 932
Harrisburg, PA 17108-0932
Attorney for Defendant George Branscum, Jr., M.D.
Melinda S, Shoop, Esquire
HARTMAN AND MILLER, P,C.
1 Keystone Plaza, Suite 107
Front & Market Streets
Harrisburg, PA 17101
Attorney for J. Lynn Hoffman, M.D, and
Carlisle Pediatric Associates
Joseph A. Ricci, Esquire
Marc T, Levin, Esquire
FARRELL & RICCI, P,C,
2000 Linglestown Road, Suite 108
Harrisburg, P A 17110
Attorneys for Defendants Johnson G, Coyle, M.D. and
Carlisle Hospital
~.~"~ {7;rA7
ristina A. Mah dy
Date: 11-' {/5-C;' g