HomeMy WebLinkAbout98-03549
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The defendant is enjoined Irom damaging or destroying any property owned jointly by the
parties or owned by the plainlil1~
A violation of this Order may suhject the defeudllut to: i) arrest under 23 l'a.C,S.
~6113; ii) II privllte criminal comphlint under 23 l'a.C.S. ~6t 13.1; iii) a charge of indirect
crimilllll contempt under 23 PII.C.S. *6114, punishable by imprisonment up to six months
and II line 01'$100.00-$1,000.00; and iv) civil contempt under 23 l'a.C.S. ~6114.1.
Resumption of co-residence on the part of the plaintilr and defendant shall not nullify the
provisions of the court order.
This Order shall remain in elrect until modified or terminated by the Court 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 plaintifl:
A HEARING SHALL BE HELD ON THIS MATTER ON (~ ) ,1998,
'/
AT' .:~: JV f-.M., IN COURTROOM NO. .:1., OF THtt/CU BERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYL VANIA.
The plaintiff may proceed without pre-payment of fees pending a further order after the
hearing.
The Cumberland County Sheriff's Department shail 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.
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
occurs 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 presence of the police
"'"",';...<,.'"
CATHIE ELAINE RICHARDSON,
Plaintifr
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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f,
v.
NO. 98-
CIVIL TERM
DA VID ALLEN RICHARDSON, SR.,
Defendant
PROTECTION FROM ABUSE
NOTICE
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 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 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 A VENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166 or TOLL FREE: ] -800-990-9108
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 at least 72 hours prior to any hearing
or business before the court.
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passenger side of the car, and drove all' with her despite her Ielling him not to.
The defendant drove the plaintilr around lor approximately 30 minutes to "talk" to
her. Aller returning the plaintilr to her mother's house, he refused to leave the
premises, and she went into the house. The defendant lell the property, and
unbeknownst to the phlintiff, parked in a car lot next to her mother's home and
watched the house. When the plaintilT and her mother walked out of the house
and the plaintifT got into her car to leave, the defendant came onto the property,
and when her mother told him to leave, the defendant raised his list to her, causing
the plaintiff to fear he was going to hit her mother. The plaintiffs son telephoned
the police for help. The defendant lell before the Pennsylvania State Police
arrived. The plaintiff' sustained bruising and soreness about her legs and her arm as
a result of this incident.
b) In or about February 1998, the defendant yelled at the plaintiff'to get out,
choked her while she was in bed, shoved her about the house, grabbed her by her
arms, dragged her to the door, and pushed her out the door in the dark.
c) During the time from approximately January 1998 through March 1998,
the defendant cut off lengths of the plaintiffs hair as she slept, causing her to fear
for her safety when she slept.
5. The plaintiff 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.
6. The plaintiff desires that the defendant be prohibited from having any direct or
indirect contact with the plaintiff including, but not limited to, telephone, written, third party or
electronic communications.
7, The plaintiff desires that the defendant be enjoined from harassing and stalking the
plaintiff, and from harassing her relatives.
8. The plaintill' desires that Ihe delendant be restrained Irom going 10 her place of
employment.
9. The plaintifr desires that the delendant be enjoined Irom damaging or destroying
any property owned jointly by the parties or owned by the plaintifl~
Il. EXCLUSIVE POSSESSION
10. The home located at 1516 Newville Road, Carlisle, Cumberland County,
Pennsylvania, from which the plaintifr is asking the Court to order the defendant to stay away, is
owned in the names of James R. and Vonnie Gregg.
C. REIMBURSEMENT FOR COST OF CASE
II. The plaintiff asks that the defendant 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.
WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October
7,1976,23 P.S. ~610] et ~., as amended, the plaintiff prays this Honorable Court to grant the
following relief:
A, Grunt a Temporary Order pursuant to the "Protection from Abuse
Act:"
I. 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 or
third party communications;
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives;
4. Prohibiting the defendant from going to the plaintiff's place of
employment;
5. Prohibiting the defendant from damaging or destroying any
property jointly owned by the parties or owned by the plaintiff; and
6. Ordering the defendant to stay away from the plaintiff's residence
located at 1516 Newville Road, Carlisle, Cumberland County,
Pennsylvania, and any residence the plaintiff'may in the future establish for
herself.
B. Schedule a hearing in accordance with the provisions of the
"Protection from Abuse Act," and, after sucb hearing, enter an order to be
in effect for a period of one year:
I. 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
plaintiff' and from harassing her relatives;
4. Prohibiting the defendant from going to the plaintiff's place of
employment;
5. Prohibiting the defendant from damaging or destroying property
jointly owned by the parties or owned by the plaintiff;
6. Ordering the defendant to stay away from the plaintiffs residence
located at 1516 Newville Road, Carlisle, Cumberland County,
..
Pennsylvania, and any residence the plaintifl'may in the liilure establish for
hersel f; and
7. Ordering the defendant 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 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 has jurisdiction to enforce
this Order.
The plaintitl' prays for such other relief as may be just and proper.
Respectfully su~milled, d
bdp I /~/- ____,
Joa~ Carey ~ U
Philip C. Briganti
Jane Muller-Peterson
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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CATlllE ELAINE RICIIARDSON,
Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98-3549 CIVIL TERM
DAVID ALLEN RICHARDSON, SR.,
Defendant
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The plaintifl: Cathie Elaine Richardson, by and through her attorney, Joan Carey of Legal
Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case
on the grounds that:
I. A Temporary Protection Order was issued by this Court on June 25, 1998,
scheduling a hearing for Wednesday, July 1,1998, at 3:00 p.m.
2. The Cumberland County Sherift's Department served the defendant with a certified
copy of the Temporary Protection Order and Petition for Protection Order at his residence at
4478 Whiskey Run Road, Newville, Cumberland County, Pennsylvania, on June 29, 1998.
3. The delendant indicated to Legal Services, Inc. on June 29, 1998, that he desired
legal representation in this matter.
4. The parties agree that the hearing be rescheduled to afford the defendant time to
retain counsel.
5. The plaintiff requests that the Temporary Protection Order remain in effect for a
period of one year or until further Order of Court, whichever comes first.
6. A certified copy of the Order for Continuance will be delivered to the Pennsylvania
State by the attorney for the plaintiff
WHEREFORE, the plaintifl'requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection Order remain in effect for a period of one
.~.
year or untilll1rther Order of Court, whiclwver comes first.
Respectil1l1y submitted,
(-'
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(, oan Carey, Attorney r Plainlitl'
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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o On [Insert date and time]. Defendant may enter the residence
to retrieve his/her clothing and other personal effects,
provided that Defendant is in the company of a law
enforcement officer when such retrievai is made.
II 3. Except as provided in Paragraph 5 of this Order,
Defendant is prohibited from having ANY CONTACT with the
plaintiff at any location, including, but not limited to,
any contact at the Plaintiff's school, business, or place of
employment. Defendant is specifically ordered to stay away
from the following locations for the duration of this Order:
1516 Newville Road, Carlisle, Cumberland County,
Pennsylvania.
Ia 4. Except as provided in Paragraph 5 of this Order,
Defendant shall not contact the Plaintiff by telephone or by
any other means, including third parties,
o 5, Custody of the minor children, [names of the children
subject to the provision of this paragraph] shall be as
follows: [state to whom primary physical custody awarded;
state terms of partial custody or visitation, if any](or see
attached Custody Order)
o 6, Defendant shall immediately turn over to the Sheriff's
Office, or to a local law enforcement agency for delivery to
the Sheriff's Office, the following weapons used or
threatened to be used by Defendant in an act of abuse
against Plaintiff and/or the minor child/ren:
o 7, Defendant is prohibited from possessing, transferring
or acquiring any other weapons for the duration of this
Order, Any weapons delivered to the sheriff under Paragraph
6 of this Order or under Paragraph 6 of the Temporary Order
shall not be returned until further Order of Court.
B
8, The following additional relief is granted as
authorized by ~6108 of this Act:
a, This Order shall remain in effect until 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,
b, The defendant is enjoined from damaging or
destroying any property owned jointly by the parties or
owned solely by the plaintiff,
c. The defendant is to refrain from harassing the
plaintiff's relatives,
o 9, Defendant is directed to pay temporary support for
[insert the names of the persons for whom support is to be
paid] as follows:
[insert amount, frequency and other terms and conditions of
the support order] . This Order for support shall
remain in effect until a final support order is entered by
this Court, However, this Order shall lapse automatically
if the Plaintiff does not file a complaint for support with
the Court within fifteen days of the date of this Order,
The amount of this temporary order does not necessarily
reflect Defendant's correct support obligation, which shall
be determined in accordance with the guidelines at the
support hearing. Any adjustments in the final amount of
support shall be credited, retroactive to this date, to the
appropriate party.
o 10, The costs of this action are waived as to the Plaintiff
and imposed on Defendant.
o 11, Defendant shall pay $ to Plaintiff as
compensation for Plaintiff's out-of-pocket losses, which are
as follows:
OR
o 11, Plaintiff is granted leave to present a petition, with
appropriate notice to Defendant, to [insert the name of the
jUdge or court to which the petition should be presented]
requesting recovery of out-of-pocket losses.
The petition shall include an exhibit itemiZing all claimed
out-of-pocket losses, copies of all bills and estimates of
repair, and an Order scheduling a hearing, No fee shall be
required by the Prothonotary's office for the filing of this
petition,
~
12, BRADY INDICATOR
1. ~ The Plaintiff or protected person(s) is a
spouse, former spouse, a person who cohabitates or has
cohabited with the Defendant, a parent of a common
child, a child of that person, or a child of the
Defendant.
2. ~ This Order is being entered after a hearing of
which the Defendant received llctual not ice and had Ilfl
opportunity to be heard.
3, ~ Paragraph 1 of this Order has been checked to
restrain the Defendant from harassing, stalking, or
threatening Plaintiff or protected person(s).
4, 181 Defendant represents a credible threat to the
physical safety of the Plaintiff or other protected
person(s)
OR
4, 0 The terms of this Order prohibit Defendant from
using, attempting to use, or threatening to use
physical force against the Plaintiff or protected
person that would reasonably be expected to cause
bOdily injury.
II 13. THIS ORDER SUPERCEDES II ANY PRIOR PFA ORDER AND
o ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
II 14. All provisions of this Order shall expire in one year,
~
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A
FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS.
23 PA.C.S. ~6114, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS
ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, U,S. TERRITORIES, AND THE COMMONWEALTH OF
PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C,
~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS UNDER THAT ACT, 18 U,S,C. ~~ 2261-2262. IF
PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT
TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS
OF THE GUN CONTROL ACTION, 18 U,S,C. ~922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION,
NOTICE TO LAW ENFORCEMENT OFFICIALS
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