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HomeMy WebLinkAbout98-06471 I I tl tJl ..:t ! ~I I 111 -=1 ~l ~, ~'" '" -'I, " ~: '-I ~! -j :~ i c:Ji ! i ! -I ;:1 ~I ~l ~ Q' ~ '~ SUSAN J. LUCAS [ndividually and on behalf of her minor children, David Lehman, Plaintiffs [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN[A NO. 98-6471 C[VIL v. CIVIL ACTION - LAW HAROLD E. LUCAS, JR. Defendant i,- 1'.. , .' , t' ". PROTECTION FROM ABUSE ORDER J+, AND NOW, this).I{ day of NOVEMBER, [999, it appearing thatlhe Protection from Abuse Order entered on November 19, I99'has expired, a rule is issued upon the Plaintiff, and Cumberland County Sheriff, to show cause why Defendant's guns should not be returned. Rule returnable on January I I, 2000 at 9:00 a.m. in Courtroom #5 of the Cumb~rland County Courthouse, Carlisle Pennsylvania. ~ Susan J. Lucas Plaintiff Edward E. Guido, J. Diane G. Radcliff, Esquire For the Plaintiff Harold E. Lucas, Jr. Defendant 1~.; /1'~-" ((_.2 '/,91 Girard E. Rickards, Esquire For the Defendant r. C ~ If. 2 y.?? ,JlL(A..'l! . "h I .... '"' \0 t') C. l.O '" '. :>:: -'i:~' c, r; 1/ -, .;:: '~1 .....--. 1..-. :.~~( '" ''1-; c.,; - ,;9 f:(',.' ..., :: S;~ ,';c '.,t "'.~ r., .iC) .....t~ ~ t-' it] ., -, .~ r.n ~, ~ :;, N -< NOli , :J 1998 ' \~i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE~~ISYLVAJ1IA SUSAN J. LUCAS, individually and on behalf of her minor children, David Lehman, Jr. and Jessica Lehman Plaintiffs v. NO. 98-6471 CIVIL TERM HAROLD E. LUCAS, Jr. Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE AND NOW, this CONSENT ORDER ,/ ~~day of jl~,~v , 1998, the parties and their legal counsel haVing advised this court that an agreement has been reached with regard to this matter which was scheduled for a hearing to be held on November 19, 1998 at 10:30 a.m., and having stipulated to the entry of the following order, pursuant of the terms of that agreement and Stipulation, the following Protection Order is entered without admission by the Defendant as to the allegations set forth in the Protection From Abuse Complaint: 1. The Defendant, although entering into this agreement, does not admit to the allegations made in this Consent Order. 2. The Defendant is prohibited from abusing or threatening to abuse the Plaintiffs. 23 Pa.C.S.A. ~6108 (a) (1). 3. The Defendant's obligation to pay financial support to the ,. L Plaintiff, Susan J. Lucas, shall be determined in the support action filed by the said plaintiff in the Office of Domestic Relations of Cumberland County, Pennsylvania. The Defendant is required, under 54324 (relating to inclusion of medical support) to provide health coverage for the Plaintiff, Susan J. Lucas. 23 Pa.C.S.A. 56108(a) (5). 4. The Defendant is prohibited from having any contact with the Plaintiffs, including but not limited to prohibiting the Defendant from entering the residence or place of business, employment or school of the Plaintiffs and from harassing the Plaintiffs, Plaintiffs' relatives. 23 Pa.C.S.A. or 56108 (a) (6) . 5. The reasonable losses of the Plaintiffs incurred as the result of the abuse including medical, dental, relocation and moving expenses; counseling; loss of earnings or support; cost of repair or replacement of real or personal property damaged, destroyed or taken by the Defendant or at the direction of the Defendant; and other out of pocket expenses for the injuries sustained, shall be determined as part of any divorce action which has been, or may hereafter be, instituted between the Plaintiff, Susan J. Lucas and the Defendant, Harold E. Lucas and the Divorce Master shall be authorized to enter such award as he or she deems appropriate under the facts and Page -2- circumstances. Further, an a'"ard under this paragraph shall not ccnstitut", a b.l[ to litigation for civil damages for alleged injuries sustained from the alleged acts of abuse giving rise to such an award. if any. 23 ?a.C.S.A. ~6l08 (a) (8) . 6. The attorneys fees and costs incurred by the Plaintiff in bringing this action shall be determined as part of any divorce action which has or may hereafter be instituted between the Plaintiff, Susan J. Lucas, and the Defendant, Harold E. Lucas, and the Divorce Master shall be authorized to enter such award as he or she deems appropriate under the facts a~d circumstances. 23 Pa.C.S.A. 56l08(a) (8). 7. The Defendant is prohibited from harassing or stalking the Plaintiffs, or the Plaintiffs' relatives. 23 Pa.C.S.A. ~6l08 (a) (9) . 8. The Plaintiff/Defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the Defendant and the Plaintiff, Susan J. Lucas, or owned solely by the Plaintiff, Susan J. Lucas, whether in the Defendant's possession or in the possession of the Plaintiffs. 23 Pa.C.S.A. ~6l08 (a) (10). 9. The Defendant is advised that a violation of this order may subject the Defendant to: Page .3. :I;)' :1 . :'.. I .~. :1 ).p iI. Arrest undet- 23 P:\.C.S.A. r,6113; b. A privclt<.. Crtllllih11 compl,1int under 23 Pa,C.S.A. 56113 .1; c. A charge of indirect criminal contempt under 23 Pa,C.S.A. 56114, punlshable by imprisonment up to six (6) months and a fine of $100-$1,000.00; d. Civil contempt under 23 Pa.C.S.A. 56114.1. Resumption of co-residence on the part of the Plaintiff and the Defendant shall not nullify the provisions of this Court Order. 10. This Order shall remain in effect for a period of one (1) year or until modified or terminated by this Court after nocice or hearing and, this Order may be extended beyond its original expiration date if this Court finds that the Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the Plaintiff. 11. This Order shall be docketed in the Office of the Prothonotary. The Plaintiffs' attorney shall provide the parties with a certified copy of this Order. 12. The Silver Springs Township Police Department and the Pennsylvania State Police shall be provided with a certified copy of this Order. 13. This order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probably cause that this Order Page -4- , . has been violated, whether or not the violation is committed in the presence uf the police officer. In the event an arrest is made under thilJ sect ion, the Defendant shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the Defendant shall be taken before the appropriate District Justice pursuant to 23 Pa. C.S.A. 56113. BY TH J. Page .5. ~ r. ~ ~. \~ .~ '~ t l . >--, It :"6 .k: ''''6 '- ~ R.> o ~ ~ 6- ~. :p-. l> -- '<\ '" . , , . .r. ." " I ,.:.J . ,f' ~ . ,-) '" .J .,') .1 .." ( ~J _. ~ - , IN TilE CCJllRT OF COMMON PLEAS OF CllMBEI<!.ANlJ, PENNSYLVANIA SUSAN J. LUCAS, individuallv and on behalf of her minor children, David Lehman, Jr. and Jessica Lehman plaintiffs v. NO. 1 f -(c ~ 71 e L:kL HAROLD E. LUCAS Defendant CIVIL ACTION - LAW n"VuK~!IPROTECTION FROM ABUSE 1'EM2OR.ARL2B.OTECTIOfLOJWER AND NOW, this /3M day of AlO VE.n/JE/2.. , 1998, upon presentation and consideration of the within petition and upon finding that the plaintiffs, SUSAN J. LUCAS and her minor children David Lehman, Jr. and Jessica Lehman, are in immediate and present danger of abuse from the Defendant, HAROLD E. LUCAS, the following Temporary Order is entered: 1. The Defendant, HAROLD E. LUCAS, is hereby enj oined from physically abusing the Plaintiffs, or placing them, or any of them, in fear of abuse. 2. The Defendant is ordered to refrain from having any direct contact with the Plaintiffs including, but not limited to, personal contact and/or telephone, oral, and written communications, whether at their residence, place of employment or elsewhere in this Commonwealth. 3. The Defendant is enjoined from harassing and stalking the Plaintiffs and from harassing the Plaintiffs' relatives. 4. The Defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the Plaintiff, Susan J. Lucas, located at the parties' marital residence situate at 121 Tuckahoe Road, Dillsburg, PA 17019, or from damaging that residence or any part thereof. 5. A violation of this order may subject the Defendant to. a. Arrest under 23 Pa.C.s.A. 56113; b. A private criminal complaint under 23 Pa.C.S.A. 56113.1; c. A charge of indirect criminal contempt under 23 Pa.C.S.A. 56114, punishable by imprisonment up to six (6) months and a fine of $100-$1,000.00; d. Civil contempt under 23 Pa.C.S.A. 56114.1. Resumption of co-residence on the part of the Plaintiff and the Defendant shall not nullify the provisions of this Court Order. 6. This Order shall remain in effect until modified or terminated by the Court after notice or hearing 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 or harm to the Plaintiff. 7. A hearing on this Complaint is to be held on the NQy~/Jt:1[ 1998, at/():,JO O'clock /9-t:1l day A.M. Courtroom No. ..5 Cumberland Courthouse, Carlisle, DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE 1717) 737-0100 FAX (717) 975-0697 10#32112 Pennsylvania. The Defendant, Harold E. Lucas, shall appear on that date at that time and place and preferably with counsel representing him. 8. The Plaintiff may proceed without the prepayment of fees pending a further order after the hearing. 9. The Cumberland County Sheriff's Department shall attempt to make service at the Plaintiff's request and without the pre- payment of fees, but service may also be accomplished under any applicable Rule of Civil Procedure. 10. This Order shall be docketed in the Office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary - 2- of in ... I N TIlE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA v. NO. CIVIL ACTION - LAW DIVORCE/PROTECTION FROM ABUSE SUSAN J. LUCAS, individually and on behalf of her minor children, David Lehman, Jr. and Jessica Lehman Plaint if f s HAROLD E. LUCAS Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action after this Complaint, Order and Notice are served, by appearing personally or by an 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 case may proceed without you and a judgment or order may be entered against you by the Court without further notice for any amount claimed in the Complaint or for any other relief requested by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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, PA 17013 (717) 249-3166 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE 1717) 737.0100 FAX 17171975.0697 10 # 32112 -4 - DIANE G. RADCLIFF 344S TRINOlE ROAD CAMP Hill, PA 17011 PHONE 1717)737.0100 FAX 17171975-0697 10#32112 L' -,,-~.. "'C',,-, .' : ~'Y'''', IN THE COURT OF COMMON PLEIIS OF CUMBERL/lND, PENNSYLVANIII SUSAN J. LUCAS, individually and on behalf of her minor children, David Lehman, Jr. and Jessica Lehman Plaintiffs NO. CJr, (.'(-I( C;:..( 0..... CIVIL ACTION - LAW DIVORCE/PROTECTION FROM ABUSE v. HAROLD E. LUCAS Defendant COMPLAt~ PROTECTION FROM ABUSE ACT AND NOW, this \ ?:,~ day of NoYernb.e1::, 199B, comes the plaintiff, Susan J/ Lucas, individually and on behalf of her minor children, by her attorney, DIANE G. RADCLIFF, ESQUIRE, who files this Complaint for a Protection from Abuse Order and represents that: COUNT t. ABUSE 1. The Plaintiff, Susan J. Lucas, is an adult individual residing at an undisclosed residence in cumberland County, pennsylvania with her minor children, David Lehman, Jr. and Jessica Lehman, the other Plaintiffs herein. 2. The Defendant, Harold E. Lucas is an adult individual residing at 121 Tuckahoe Road, Dillsburg, York County, Franklin Township, pennsylvania. 3. The parties are husband and wife having been married on May 1990 by a common law marriage and on September 20, 1993. 4. The parties have no children born of this marriage. 5. The Plaintiff requests the entry of a protection from abuse order because of the abuse perpetrated by the Defendant upon the Plaintiff. - 5- DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE 17171 737.0100 FAX 17171 975.0697 10#32112 8. The aforesaid abuDc perpetrated by the Defendant consisted of the following: a. In 1997 at the parties' marital residence after the parties had an argument and the Plaintiff was trying to make up with him, the Defendant pushed the Plaintiff away and put his fist in her face telling her that if she did not get out of his face she would end up on the floor crying with a bloody nose. b. In 1995 after the Plaintiff has back surgery, when the Plaintiff was in bed and clutching at the covers, the Defendant grabbed the covers away from her so hard that it caused the drain in her back at the location of the surgery to be dislodged and blood drain from the surgery site. c. Approximately 4 years ago the Defendant told the Plaintiff that he would put a bullet between her eyes because she had taken a dog to the humane society due to the Defendant's refusal to assist in the care of the animal and the animal not being capable of being kennel trained. d. During the first week of November 1998, the Defendant again told the Plaintiff that he wold put a bullet through her head. This threat has been made on numerous occasions whenever the Defendant becomes angry and does not get his own way. e. On or about November 9, 1998, the Defendant told the Plaintiff, David Lehman, Jr., that he was going to smash his face beyond recognition. This occurred the night after the Defendant had gotten angry at the Plaintiff, - 6- DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE 17171 737-0100 FAX 1717) 975.0697 10#32112 David Lehman, Jr. due to the fact that his father had not replaced a coat that had been stolen from him the prev ious year. This incident was witnessed by the Plaintiff, Jessica Lehman who became frightened thereby. After this the Plaintiff David Lehman, Jr. slept in his room with a baseball bat because he feared for his safety. f. The Defendant has continuously been abusive to the parties' animals, including but not limited to not providing them with adequate care, keeping them in pens and cages that were improper and unclean and kicking the dogs repeatedly whenever they displeased him g. In the early 1990's when the parties were living at their previous marital residence located at 131 South York Street, Dillsburg, PA, the Defendant locked the Plaintiff and her 3 children out of the house causing them to have to sleep on the porch for the evening, h. On one occasion when the Defendant was rifling through the Plaintiff's private divorce and support papers and the Plaintiff requested that he provide the same to her and not look at them, the Defendant refused to give her the papers and in an attempt to keep them from her elbowed her beneath her eye causing it to bruise. i. In 1994 after the Plaintiff had left the marital residence the Defendant followed her to her brother-in- :~J laws home where she was to performing cleaning and when she would not let him in the home he made a vulgar gesture at her and then ripped the wires out of her car so that she could not use it. - 7- DIANE G. RADCLIFF 3448 TRINDlE ROAO CAMP Hill. PA 17011 PHONE (717) 737-0100 FAX (717) 975.0697 ID # 32112 9. As a result of the aforesaid actions of the Defendant, the Plaintiff has a reasonable fear for her safety and needs the protection of the Court under the above-captioned Act. CO.llN'LU.I,-----S.llP.l'.DR'I 10. The Plaintiff is employed at Stephenson's Flowers and Myers Funeral Home and earns an estimated net monthly income of $1345.97. 11. The Defendant is employed at the Pennsylvania State Correctional Institute and earns an estimated net monthly income of $2409.65. 12. The Defendant has a duty to support the Plaintiff, Susan J. Lucas. 13. The Plaintiff cannot provide for her needs until such time as a support order is entered. 14. The Plaintiff has or will file a complaint for support against the Defendant with the Domestic Relations office within ten (10) days of the entry of a final order in this case. COUNT IV. COSTS AND ATTORNEYS FEES 15. The Plaintiff has incurred costs in this action and requests that the costs of this action be assessed against the Defendant. 16. The Plaintiff has retained the services of a private attorney to represent her in this action is not capable of paying for said attorney and requests this court to award her the reasonable attorney's fees that she incurs in the estimated amount of $800.00. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order: - 8 - a. Prohiblting the Defendolnt fl'om olbusing the Plaintiff and her minor children. d. 23 Pa.C.S.A. 56108 (a) (1); b. With the consent of the Plaintiff, ordering the Defendant to provide suitable alternative housing for the Plaintiff and minor children. 23 Pa.C.S.A. !i6l08(a) (2)01' (3); c. After a hearing in accordance with !i6107(a), directing the Defendant to pay financial support to the Plaintiff, Susan J. Lucas, requiring the Defendant, under !i4324 (relating to inclusion of medical support) to provide heal th coverage for the Plaintiff; and directing the Defendant to pay all of the un-reimbursed medical expenses of the Plaintiff or to the provider or to the Plaintiff when he or she has paid for the medical treatment. The provisions of this paragraph shall be temporary and the Plaintiff shall be required to file an complaint for under the provisions of Chapter 43 (relating to support matters generally) and 45 (relating to reciprocal enforcement of support orders) support within two (2) weeks of the entry of the final protective order. If a complaint for support is not filed, the provisions of this paragraph requiring the Defendant to pay support shall be void. Further, when there is a Subsequent ruling on a complaint for support, the provisions of this paragraph requiring the Defendant to pay support shall expire. 23 Pa.C.S.A. !i6l08 (a) (5); PrOhibiting the Defendant from having any contact with the Plaintiff, including but not limited to prohibiting DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE 17171737.0100 FAX (7171975-0697 10#32112 - 9- the Defendant from entenng the residence or place of businesB, employment or Dchool of the Plaintiff or the minol" c:hildren and from harassing the Plaintiff, the minor children or Plaintiff's relatives, or from having any contact with the Plaintiff or her relatives by phone, oral or written communication. 23 Pa.C.S.A. %108(a) (6); e. Directing the Defendant to temporarily relinquish to the Sheriff the Defendant's weapons which have been used or threatened to be used in an incident of abuse against the Plaintiff or any of the parties' minor children and prohibiting the Defendant from acquiring or possessing any other weapon for the duration of the order and requiring the Defendant to relinquish to the Sheriff any firearms license the Defendant may possess. Any order entered pursuant to this request shall provide for the return of the weapons and any firearm license to the Defendant subject to any restrictions or conditions as the Court shall deem appropriate to protect the Plaintiff or the minor children from further abuse through the use of the weapons. Further a copy of the Court's order shall be transmitted to the chief or head of the police force or police department of the applicable muniCipality and to the Sheriff of the County of which the Defendant is a resident. 23 Pa.C.S.A. 1l6108(a) (7) f. Directing the Defendant to pay for the reasonable losses of the Plaintiff incurred as the result of the abuse inClUding medical, dental, relocation and moving DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE (7171737.0100 FAX (717) 975.0697 10#32112 -10- ~. VERIFICATION SUSAN J. LUCAS vel'! f it'n that the ntiltem(!/1tn made in this PROTECTION FROr.l ABUSE C014PLAINT dn" L t.Ue itnd correct. SUSAN J. LUCAS understands that (alse statements herein are made subject to the penalties of 18 Pa.C.G. Section 4904, relating to unsworn falsification to authorities. ~:r' ~'~A~L'W . LUC/\ #" DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE (717) 737.0100 FAX (717) 975.0697 10#32112 - 12- ", q DIANE G. RADCLIFF. 3'l48 TAINDLE ROAD CAMP HILL. PA 17011 PHONE (7171737~100 FAX (7171975~697 10 #32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA SUSAN J. LUCAS, individually and on behalf of her minor children. David Lehman, Jr. and Jessica Lehman Plaintiffs v. NO. q <zs- -l#~ -1\ t LW -ru....-. !'.AROLD E, LUCAS Defendant CIVIL ACTION - LAW CliC~CS/PROTECTION FROM ABUSE TF.MPORARV PROTECTION ORDER AIm NOW, this \ ~ -\--.. day of \...JOv~"'" b.vv , 1998, upon presentation and consideration of the within petition and upon finding that the Plaintiffs, SUSk~ J. LUCAS and her minor children David Lehman, Jr. and Jessica Lehman, are in immediate and present d~~ger of abuse from the Defendant, WL~OLD E. LUCAS, the following Temporary Order is entered: 1. The Defendant, H.ll.ROLD E. LUC.r,.S, is hereby enj oined from physically abusing the Plaintiffs, or placing them, or any of them, in fear of abuse. 2. The Defendant is ordered to refrain from having any direct contact with the Plaintiffs including, but not limited to, personal contact and/ or telephone, oral, and written communications, whether at their residence, place of 3. employment or elsewhere in this Commonwealth. The Defendant is enj oined from harassing and stalking the Plaintiffs and from harassing the Plaintiffs' relatives. The Defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the Plaint if f, Susan J. Lucas, located at the parties' marital residence situate at 121 Tuckahoe Road, 4. Dillsburg, ~A 17019, or from damaging that residence or any part thereof. 5. A violation of this order may subject the Defendant tOI a. Arrest under 23 Pa.C.S.A. 561131 b. A private criminal complaint under 23 Pa.C.S.A. 56113.11 c. A charge of indirect criminal contempt under 23 Pa.C.S.A. 56114, punishable by imprisonment up to six (6) months and a fine of $100-$1.000.001 d. Civil contempt under 23 Pa.C.S.A. 56114.1. Resumption of co-residence on the part of the Plaintiff and the Defendant shall not nullify the provisions of this Court Order. 6. This Order shall remain in effect until modified or terminated by the Court after notice or hearing 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 or harm to the Plaintiff. 7. A hearing on this l'-...)OIJ..LvV"\ ~ Complaint is to be held on the 1998, at 10'. 3ll 0' clock - b ICli'- day of A .M. in Courtroom No. , Cumberland Courthouse, Carlisle, DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HIll, PA 17011 PHONE (717) 737.0100 FAX 1717) 975.0697 1011132112 ~-1""'^-r;-.-"-"^ ~'" ..... ., " Pennsylvania. The Defendant, Harold E. Lucas, shall appear on that date at that time and place and preferably with counsel representing him. 8. The Plaintiff may proceed without the prepayment of fees pending a further order after the hearing. 9. The Cumberland County Sheriff's Department shall attempt to make service at the ~laintiff's request and without the pre- payment of fees, but service may also be accomplished under any applicable Rule of Civil Procedure. 10. 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. 11. 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 probably cause that this order has been violated, whether or not the violation is committed in the presence of the police officer. In the event an arrest is made under this section, the Defendant shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the Defendant shall be taken before the appropriate District Justice pursuant to 23 Pa. C. S.A. ~6113. BY THE COURT: Date: \ \ II?, /'1 S<' I ~ bdll Ytl\.d E. CjUI cl0 J. DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE 1717) 7.37,0100 I FAX (717) 975-0697 10 lit 32112 ~.--~-...,.>,:, OIANE G.RADCUFF 344a TRINOLE ROAO CAMP HILL. PA 17011 PHONE (717) 737-0100 FAX (717) 975-0697 10 # 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA SUSAN J. LUCAS, individually and on behalf of her minor children, David Lehman, Jr. and Jessica Lehman Plaintiffs v. NO. CIVIL ACTION - LAW DIVORCE/PROTECTION FROM ABUSE HAROLD E. LUCAS Defendant NOTTeE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action after this Complaint, Order and Notice are served, by appearing personally or by an 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 case may proceed without you and a judgment or order may be entered against you by the Court without further notice for any amount claimed in the Complaint or for any other relief requested by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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, PA 17013 (717) 249-3166 () \.0 0 f,; C) -" If! - ".- .... ,~ T . """ ;;;f=Q ."m w :ng ,:,) ....:> "t~ ..., :1:+r fE~ == - 4 - I>? Qi:ls "-rl1 9 '. DIANE G. RAOCUFF 3448 TRINOLE ROAD CAMP HILl. PA 17011 PHONE (7T7)737~100 FAX (717) 975~697 10#32T12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA SUSAN J, LUCAS. individually and on behalf of her minor children, David Lehman. Jr. and Jessica Lehman Plaintiffs v. NO. CIVIL ACTION - LAW DIVORCE/PROTECTION FROM ABUSE HAROLD E. LUCAS Defendant COMPLAINT {INnER PROTF.CTTON FROM ABUSE ACT AND NOW, f?+--- day of comes the this N'nV'~mhpr, 1998, Plaintiff, Susan J/ Lucas, individually and on behalf of her minor children, by her attorney, DIANE G. RADCLIFF, ESQUIRE, who files this Complaint for a Protection from Abuse Order and represents that: COUN'l' I. ARUSF. 1. The Plaintiff, Susan J. Lucas. is an adult individual residing at an undisclosed residence in Cumberland County, Pennsylvania with her minor children, David Lehman, Jr. and Jessica Lehman, the other Plaintiffs herein. 2. The Defendant, Harold E. Lucas is an adul t individual residing at 121 Tuckahoe Road, Dillsburg, York County, Franklin Township, Pennsylvania. 3. The parties are husband and wife having been married on May 1990 by a common law marriage and on September 20, 1993. 4. The parties have no children born of this marriage. 5. The Plaintiff requests the entry of a protection from abuse order because of the abuse perpetrated by the Defendant upon the Plaintiff. - 5- ". DIANE G. RADCLIFF 3448 TRINPLE ROAD CAMP HILL. PA 17011 PHONE (717)737-0100 FAX (717)975-0697 ID;I>32T12 8. The aforesaid abuse perpetrated by the Defendant consisted of the following: a. In 1997 at the parties' marital residence after the parties had an argument and the Plaintiff was trying to make up with him, the Defendant pushed the Plaintiff away and put his fist in her face telling her that if she did not get out of his face she would end up on the floor crying with a bloody nose. b. In 1995 after the Plaintiff has back surgery, when the Plaintiff was in bed and clutching at the covers, the Defendant grabbed the covers away from her so hard that it caused the drain in her back at the location of the surgery to be dislodged and blood drain from the surgery site. c. Approximately 4 years ago the Defendant told the Plaintiff that he would put a bullet between her eyes because she had taken a dog to the humane society due to the Defendant's refusal to assist in the care of the animal and the animal not being capable of being kennel trained. d. During the first week of November 1998, the Defendant again told the Plaintiff that he wold put a bullet through her head. This threat has been made on numerous occasions whenever the Defendant becomes angry and does not get his own way. e. On or about November 9, 1998, the Defendant told the Plaintiff, David Lehman, Jr., that he was going to smash his face beyond recognition. This occurred the night after the Defendant had gotten angry at the Plaintiff,. - 6 - '. David Lehman, Jr. due to the fact that his father had not replaced a coat that had been stolen from him the previous year. This incident was witnessed by the Plaintiff, Jessica Lehman who became frightened thereby. After this the Plaintiff David Lehman, Jr. slept in his room with a baseball bat because he feared for his safety. f. The Defendant has continuously been abusive to the part~es' animals, including but not limited to not providing them with adequate care, keeping them in pens and cages that were improper and unclean and kicking the dogs repeatedly whenever they displeased him g. In the early 1990's when the parties were living at their previous marital residence located at 131 South York Street, Dillsburg, PA, the Defendant locked the Plaintiff and her 3 children out of the house causing them to have to sleep on the porch for the evening. h. On one occasion when the Defendant was rifling through the Plaintiff's private divorce and support papers and the Plaintiff requested that he provide the same to her and not look at them, the Defendant refused to give her the papers and in an attempt to keep them from her elbowed her beneath her eye causing it to bruise. i. In 1994 after the plaintiff had left the marital residence the Defendant followed her to her brother-in- laws home where she was to performing cleaning and when she would not let him in the home he made a vulgar gesture at her and then ripped the wires out of her car so that she could not use it. DIANE G. RADCLIFF 3448 TRINOLE ROAD CAMP HILL, PA 17011 PHONE 1717) 737.0100 FAX (717) 975.0697 10 #32112 - 7 - ". I' As a result of the aforesaid actions of the Defendant, the Plaintiff has a reasonable fear for her safety and needs the protection of the Court under the above-captioned Act. COUNT TTT. RUPPORT 10. The Plaintiff is employed at Stephenson's Flowers and Myers 9. Funeral Home and earns an estimated net monthly i~come of $1345.97. 11. The Defendant is employed at the pennsyl vania State Correctional Institute and earns an estimated net mC?nthly income of $2409.65. 12. The Defendant has a duty to support the Plaintiff, Susan J. Lucas. 13. The Plaintiff cannot provide for her needs until such time as a support order is entered. 14. The Plaintiff has or will file a complaint for support against the Defendant with the Domestic Relations office within ten (10) days of the entry of a final order in this case. COUNT TV. COSTS AND ATTORNF.YR FF.F.R 15. The Plaintiff has incurred costs in this action and requests that the costs of this action be assessed against the Defendant. 16. The Plaintiff has retained the services of a private attorney to represent her in this action is not capable of paying for said attorney and requests this court to award her the reasonable attorney's fees that she incurs in the estimated amount of $800.00. tt 0> :; ? :i ~1 ;j "y WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order: DIANE G. RADCUFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE (7171737.0100 FAX (717)975-0697 10 #32112 - 8 - '. d. .'. DIANE G. RADCLIFF ", 3448 TRINDLE ROAD ..'" CAMP HILL. PA 17011 PHONE (717) 737.0TOO FAX (717) 975-0697 10#32112 a. Prohibiting the Defendant from abusing the Plaintiff and her minor children. 23 Pa.C.S.A. 56108 (a) (1); With the consent of the Plaintiff, ordering the Defendant to provide suitable alternative housing for the Plaintiff and minor children. 23 Pa.C.S.A. 56108(a) (2)or (3); After a hearing in accordance with 56107(a), directing the Defendant to pay financial support to the Plaintiff, Susan J. Lucas, requiring the Defendant, under !i4324 (relating to inclusion of medical support) to provide health coverage for the Plaintiff; and directing the Defendant to pay all of the un-reimbursed medical expenses of the Plaintiff or to the provider or to the Plaintiff when he or she has paid for the medical treatment. The provisions of this paragraph shall be temporary and the Plaintiff shall be required to file an complaint for under the provisions of Chapter 43 (relating to support matters generally) and 45 (relating to reciprocal enforcement of support orders) support within two (2) weeks of the entry of the final protective order. If a complaint for support is not filed, the provisions of this paragraph requiring the Defendant to pay support shall be void. Further, when there is a subsequent ruling on a complaint for support, the provisions of this paragraph requiring the Defendant to pay support shall expire. 23 Pa.C.S .A. 56108 (a) (5); Prohibiting the Defendant from having any contact with the Plaintiff, including but not limited to prohibiting b. c. -9- ~;. j ,-- , I Ii I I I I I I I _ '1".. !':' I ., .':".: , ';.{ ,. ';': '. t \ I. ff ,'i:, II}) 1.1 ,. , tfL~, 'f"'" / ::D; i I" '1 i i , , ! i ,I , . , .... '. the Defendant from entering the residence or place of business, employment or school of the Plaintiff or the minor children and from harassing the Plaintiff, the minor children or Plaintiff's relatives, or from having any contact with the Plaintiff or her relatives by phone, oral or written communication. 23 Pa.C.S.A. ~6108(a) (6); e. Directing the Defendant to temporarily relinquish to the Sheriff the Defendant's weapons which have been used or threatened to be used in an incident of abuse against the Plaintiff or any of the parties' minor children and prohibiting the Defendant from acquiring or possessing any other weapon for the duration of the order and requiring the Defendant to relinquish to the Sheriff any firearms license the Defendant may possess. Any order entered pursuant to this request shall provide for the return of the weapons and any firearm license to the Defendant subj ect to any restrictions or conditions as the Court shall deem appropriate to protect the Plaintiff or the minor children from further abuse through the use of the weapons. Further a copy of the Court's order shall be transmitted to the chief or head of the police force or police department of the applicable municipality and to the Sheriff of the County of which the Defendant is a resident. 23 Pa.C.S.A. ~6108(a) (7) f. Directing the Defendant to pay for the reasonable losses of the Plaintiff incurred as the result of the abuse DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE (717) 737.0100 FAX (717) 975.0697 10#32112 including medical, dental, relocation and moving .10 - ". ..... expenses; counseling; loss of earnings or support; cost of repair or replacement of real or personal property damaged, destroyed or taken by the Oefendant or at the direction of the Defendant; and other out of pocket expenses for the injuries sustained. An award under this paragraph shall not constitute a bar to litigation for civil damages for injuries sustained from the acts of abuse giving rise to the award or a finding of contempt under this chapter. 23 Pa.C.S.A. 56108 (a) (8); g. Directing the Defendant to pay for the attorneys fees and costs incurred by the Plaintiff in bring this action. 23 Pa.C.S.A. 56108(a) (8); h. Prohibiting the Defendant from harassing or stalking the Plaintiff, the minor children or the Plaintiff's relatives. 23 Pa.C.S.A. 56108 (a) (9); i. For such other and further relief as may be appropriate. 23 Pa.C.S.A. 56108(a) (10); . , Tr' Ie Road J. 1, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Plaintiff DIANE G. RADCUFF 3448 TRINDLE ROAD CAMP HIll. PA 17011 PHONE 1717)737.0100 FAX (717)975.0697 10 #32112 .11 - , .,: '. . VERIFICATION SUSAN J. LUCAS verifies that the statements made in this PROTECTION FROM ABUSE COMPLAINT are true and correct. SUSAN J. LUCAS understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~ ~'~~l'~'I'\ . LU DIANE G. RADCLIFF 3448 TIlINDLE ROAD CAMP HILL. PA 17011 PHONE (717) 737.Q100 FAX (717) 975.Q697 10#32112 - 12. "r IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA SUSAN J. LUCAS, individually and on behalf of her minor children, David Lehman, Jr. and Jessica Lehman Plaintiffs v. NO. q cc;- - ~4 -, I Ll ~ Q....f"\.-1 CIVIL ACTION - LAW ~"QRCE/PROTECTION FROM ABUSE HAROLD E. LUCAS Defendant TF.MPORARY PROTF.CTTON ORDER AND NOW, this I'?' +--day of k:)o~t'Y\ ~ , 1998, upon DIANE G. RADCLIFF 3448 TRINOlE ROAD CAMP Hill, PA 17011 PHONE (717) 737.0100 FAX 1717) 975.0697 10 #32112 presentation and consideration of the within Petition and upon finding that the Plaintiffs, SUSAN J. LUCAS and her minor children David Lehman, Jr. and Jessica Lehman, are in immediate and present danger of abuse from the Defendant, HAROLD E. LUCAS, the fOllowing Tempcrary Order is entered: 1. The Defendant, HAROLD E. LUCAS, is hereby enj oined from physically abusing the Plaintiffs, or placing them, or any of them, in fear of abuse. 2. The Defendant is ordered to refrain from having any direct contact with the Plaintiffs inClUding, but not limited to, personal contact and/or telephone, oral, and written communications, whether at their residence, place of employment or elsewhere in this Commonwealth. 3. The Defendant is enjoined from harassing and stalking the Plaintiffs and from harassing the Plaintiffs' relatives. 4. The Defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the Plaintiff, Susan J. Lucas, located at the parties' marital residence situate at 121 Tuckahoe Road, Dillsburg, PA 17019, or from damaging that residence or any part thereof. S. A violation of this order may subject the Defendant to: a. Arrest under 23 Pa.C.S.A. 56113; b. A private criminal complaint under 23 Pa.C.S.A. 56113.1; c. A charge of indirect criminal contempt under 23 Pa.C.S.A. 56114, punishable by imprisonment up to six (6) months and a fine of $100-$1,000.00; d. Civil contempt under 23 Pa.C.S.A. 56114.1. Resumption of co-residence on the part of the Plaintiff and the Defendant shall not nullify the provisions of this Court Order. 6. This Order shall remain in effect until modified or terminated by the Court after notice or hearing 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 or harm to the Plaintiff. 7. A hearing on this \J--,,'.L M 'c. ~ ComplaiDt is to be held on the 1998, at fO;~Q o'clock ~ay of .A .M. in Courtroom No. - .... Cumberland Courthouse, Carlisle, Pennsylvania. The Defendant, Harold E. Lucas, shall appear on that date at that time and place and preferably with counsel representing him. 8. The Plaintiff may proceed without the prepayment of fees pending a further order after the hearing. 9. The Cumberland County Sheriff's Department shall attempt to make service at the Plaintiff's request and without the pre- payment of fees, but service may also 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 10. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE 17171737.0100 FAX 17171 975.0697 ID # 32112 -2- shall not send a copy of this order to the Defendant by mail. 11. The Pennsylvania State Pollce sholl 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 probably cause that this order has been violated, whether or not the violation is committed in the presence of the police officer. In the event an arrest is made under this section, the Defendant shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the Defendant shall be taken before the appropriate District Justice pursuant to 23 Pa. C. S.A. 56113. BY THE COURT: Date: \ \/'?-,/c{'J( / I f-5J.fd( lYIA c\ [' 50/dtr' J. DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE (717) 737.0100 FAJ< 1717) 975.0697 /0#32112 .3. IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA SUSAN J. LUCAS. individually and on behalf of her minor children, David Lehman, Jr. and Jessica Lehman plaintiffs v. NO. q 16'- /04'\ Ll ~ \.vv""", HAROLD E. LUCAS Defendant CIVIL ACTION - LAW DIVORCE/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 prompt action after this Complaint, Order and Notice are served, by appearing personally or by an 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 case may proceed without you and a judgment or order may be entered against you by the Court without further notice for any amount claimed in the Complaint or for any other relief requested by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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, PA 17013 (717) 249-3166 , ., . .:;) 1'1 , " c , '", ;: ','" L..' .::.; r~) -n ~,.. .. i 1"':- n ., " ::! ~J ..J -< DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE (717) 737.0100 FAX (717)975.0697 ID # 32112 - 4- IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA SUSAN J. LUCAS, individually and on behalf of her minor children, David Lehman, Jr. and Jessica Lehman Plaintiffs v. NO. q ~ - (C'-\-7\ (.'W u.~ HAROLD E. LUCAS Defendant CIVIL ACTION - LAW DIVORCE/PROTECTION FROM ABUSE COMPLAINT UNDER PROTECTION FROM ABUSE ACT AND NOW, this \3~ day of Novpmhpr, 1998, comes the Plaintiff, Susan J/ Lucas, individually and on behalf of her minor children, by her attorney, DIANE G. RADCLIFF, ESQUIRE, who files this Complaint for a Protection from Abuse Order and represents that: COUNT I. ABUSE 1. The Plaintiff, Susan J. Lucas, is an adult individual residing at an undisclosed residence in Cumberland County, Pennsylvania with her minor children, David Lehman, Jr. and Jessica Lehman, the other Plaintiffs herein. The Defendant, Harold E. Lucas is an adul t individual 2. residing at 121 Tuckahoe Road, Dillsburg, York County, Franklin Township, Pennsylvania. 3. The parties are husband and wife having been married on May 1990 by a common law marriage and on September 20, 1993. 4. 5. The parties have no children born of this marriage. The Plaintiff requests the entry of a protection from abuse order because of the abuse perpetrated by the Defendant upon the Plaintiff. DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE 17171737.0100 FAX (717) 975.0697 ID#32112 - 5 - 1 :'i :'J I ~~ Ii !\~ >\:: 'I' I.X', . '.$. llj,<fl !\';~ '1'.8",. i.,~ !j.'~). I I " I DIANE G. RADCLIFF 3448 TAINDlE ROAD CAMP Hill. PA 17011 PHONE (717) 737-0100 FAX (717) 975-0697 ID.. 32112 8. The aforesaid abuse perpetrated by the Defendant consisted of the following: a. In 1997 at the parties' marital residence after the parties had an argument and the Plaintiff was trying to make up with him. the Defendant pushed the Plaintiff away and put his fist in her face telling her that if she did not get out of his face she would end up on the floor crying with a bloody nose. b. In 1995 after the Plaintiff has back surgery, when the Plaintiff was in bed and clutching at the covers, the Defendant grabbed the covers away from her so hard that it caused the drain in her back at the location of the surgery to be dislodged and blood drain from the surgery site. c. Approximately 4 years ago the Defendant told the Plaintiff that he would put a bullet between her eyes because she had taken a dog to the humane society due to the Defendant's refusal to assist in the care of the animal and the animal not being capable of being kennel trained. d. During the first week of November 1998, the Defendant again told the Plaintiff that he wold put a bullet through her head. This threat has been made on numerous occasions whenever the Defendant becomes angry and does not get his own way. e. On or about November 9, 1998, the Defendant told the Plaintiff, David Lehman, Jr., that he was going to smash his face beyond recognition. This occurred the night after the Defendant had gotten angry at the Plaintiff, -6- i. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE (717) 737-0100 FAX 17171975-0697 ID#32112 f. David Lehman, Jr. due to the fact that his father had not replaced a coat that had be~'n stolen from him the previous Jrear. This Incident was witnessed by the Plaintiff, Jessica Lehman who became frightened thereby. After this the Plaintiff David Lehman, Jr. slept in his room with a baseball bat because he feared for his safety. The Defendant has continuously been abusive to the parties' animals, including but not limited to not providing them with adequate care, keeping them in pens and cages that were improper and unclean and kicking the dogs repeatedly whenever they displeased him In the early 1990's when the parties were living at their previous marital residence located at 131 South York Street, Dillsburg, PA, the Defendant locked the Plaintiff and her 3 children out of the house causing them to have to sleep on the porch for the evening. On one Occasion when the Defendant was rifling through the Plaintiff's private divorce and support papers and the Plaintiff requested that he provide the same to her and not look at them, the Defendant refused to give her the papers and in an attempt to keep them from her elbowed her beneath her eye causing it to bruise. In 1994 after the Plaintiff had left the marital residence the Defendant followed her to her brother-in_ laws home where she was to performing cleaning and when she would not let him in the home he made a vulgar gesture at her and then ripped the wires out of her car so that she could not Use it. g. h. - 7 - 9. As a result of the aforesaid actions of the Defendant, the Plaintiff has a reasonable fear for her safety and needs the protection of the Court under the above-captioned Act. COUNT III. SUPPO~ 10. The plaintiff is employed at Stephenson's Flowers and Myers Funeral Home and earns an estimated net monthly income of $1345.97. 11. The Defendant is employed at the pennsyl vania State Correctional Institute and eRrns an estimated net monthly income of $2409.65. 12. The Defendant has a duty to support the Plaintiff, Susan J. Lucas. 13. The Plaintiff cannot provide for her needs until such time as a support order is entered. 14. The Plaintiff has or will file a complaint for support against the Defendant with the Domestic Relations office within ten (10) days of the entry of a final order in this case. COUNT IV. COSTS AND ATTORNEYS FEES 15. The Plaintiff has incurred costs in this action and requests that the costs of this action be assessed against the Defendant. 16. The Plaintiff has retained the services of a private attorney to represent her in this action is not capable of paying for said attorney and requests this court to award her the reasonable attorney's fees that she incurs in the estimated amount of $800.00. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order: DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE 17171 737-0100 FAX 17171 975-0697 10#32112 - 8- DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE (717) 737-0100 FAX (7171975.0697 10#32112 a. Prohibiting th~ Defendant from abusing the Plaintiff and her minor children. 23 Pa.C.S.A. 56108 (a) (1); b. With the consent of the Plaintiff, ordering the Defendant to provide suitable alternative housing for the Plaintiff and minor children. 23 Pa.C.S.A. 56108 (a) (2)or (3); c. After a hearing in accordance with 56107{a), directing the Defendant to pay financial support to the Plaintiff, Susan J. Lucas, requiring the Defendant, under 54324 (relating to inclusion of medical support) to provide health coverage for the Plaintiff; and directing the Defendant to pay all of the un-reimbursed medical expenses of the Plaintiff or to the provider or to the Plaintiff when he or she has paid for the medical treatment. The provisions of this paragraph shall be temporary and the Plaintiff shall be required to file an complaint for under the provisions of Chapter 43 (relating to support matters generally) and 45 (relating to reciprocal enforcement of support orders) support within two (2) weeks of the entry of the final protective order. If a complaint for support is not filed, the provisions of this paragraph requiring the Defendant to pay support shall be void. Further, when there is a subsequent ruling on a complaint for support, the provisions of this paragraph requiring the Defendant to pay support shall expire. 23 Pa.C.S.A. 56108 (a) (5); Prohibiting the Defendant from having any contact with the Plaintiff, including but not limited to prohibiting d. .9. the Defendant from entering the residence or place of business, employment or school of the Plaintiff or the minor children and from harassing the Plainti ff. the minor children or Plaintiff's relatives, or from having any contact with the Plaintiff or her relatives by phone, oral or written communication. 23 Pa.C.S.A. ~6108 (a) (6); e. Directing the Defendant to temporarily relinquish to the Sheriff the Defendant's weapons which have been used or threatened to be used in an incident of abuse against the Plaintiff or any of the parties' minor children and prohibiting the Defendant from acquiring or possessing any other weapon for the duration of the order and requiring the Defendant to relinquish to the Sheriff any firearms license the Defendant may possess. Any order entered pursuant to this request shall provide for the return of the weapons and any firearm license to the Defendant subject to any restrictions or conditions as the Court shall deem appropriate to protect the Plaintiff or the minor children from further abuse through the use of the weapons. Further a copy of the Court's order shall be transmitted to the chief or head of the police force or police department of the applicable municipality and to the Sheriff of the County of which the Defendant is a resident. 23 Pa.C.S.A. ~6l08 (a) (7) f. Directing the Defendant to pay for the reasonable losses of the Plaintiff incurred as the result of the abuse including medical, dental, relocation and moving DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE 17171 737.0100 FAX 17171 975-0697 10 # 32112 - 10- expenses; counseling; loss of earnings or support; cost of repair or replacement of real or personal property damaged, destroyed or taken by the Defendant or at the direct ion of the Defendant; and other out of pocket expenses for the injuries sustained. An award under this paragraph shall not constitute a bar to litigation for civil damages for injuries sustained from the acts of abuse giving rise to the award or a finding of contempt under this chapter. 23 Pa.C.S.A. ~6108(a) (8); g. Directing the Defendant to pay for the attorneys fees and costs incurred by the Plaintiff in bring this action. 23 Pa.C.S.A. ~6108(a) (8); h. Prohibiting the Defendant from harassing or stalking the Plaintiff, relatives. the minor children or the Plaintiff's 23 Pa.C.S.A. ~6108(a) (9); i. For such other and further relief as may be appropriate. 23 Pa.C.S.A. %108(a) (10); ted, . , Tri Ie Road ~ 1, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Plaintiff DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE 17171737.0100 FAX 1717) 975.0697 10#32112 -11- I VERIFICATION SUSAN J. LUCAS venfies that the statements made in this PROTECTION FROM ABUSE COMPLAINT are t ru"l and correct. SUSAN J. LUCAS understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~ ~'~li'r"i'\ . LV DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE 1717) 737,0100 FAX (717) 975.0697 10 # 32112 - 12- E r (, l!:!!:!I N" :.1 N. ev ,; >'1, J I j ., .1 , J SUSAN J. LUCAS Plaintiff CASE # 98-6471 v. HAROLD E. LUCAS, JR. Defendant ORDER OF THE COURT And now this day , the sherifrs office of Cumberland County, can now return the guns belonging to the defendant. Furthermore, the sherit'rs office of York County can now return the protection permit also belonging to the defendant. Judge SUSAN J. LUCAS Plaintiff CASE # 98-6471 v. HAROLD E. LUCAS, JR. Defendant ORDER OF THE COURT And now this day , the sheriffs office of Cumberland County, can now return the guns belonging to the defendant. Furthermore, the sheriffs office of York County can now return the protection permit also belonging to the defendant. Judge S... b ::sed ;/ If 91;' c ...:>C( ^\",:. :-~) _J' C"-A ( t-\ '~'::>o PlA,.J r( \ 1/-'.> +i flf?cll [,. L. < .\ \ 'jf~ - .() i' (-<',...J.:,'::;l ;:rt' Cf ~.- &I.{'7 I \\-<:-\- t' ctl (,,~ 'j' CIV, -~'\..c.,~ (I ~lV"( ';'UCA~ -+bN~"I'.'\ b (~ Edwu-<J [;, b ~l ~ J <:> 0;--) 'ill.<) /S,:....I\ do,v\ u-C "-"o\/t',,,,he.e.. jqq8 D. ?\O~('c..j-Ii)"~~rc,.,..... Qbu..Q... 1!!{20d:?.. wet .5 'J IV{:i\J -1 .'\'\1. o""J .'Y\l~. ..(21~t:<':tel1\5 l-uf!f'.e (l>o,-.J.Qrell,+';' II. Su2_ '--rl',-, prc-+'C'c-*-n.,;:. -4-0",", abU4...lt O/Z.Def2.- hA-.s k"'t0 '*,xp;j2.t'c) QNd -L vuo(,ld L t {' --to _cy + 1'\.1(,\ f, ~ (4;(: lY\ S i2c'+l.<~ ~d -~io fYl.€. . <----rz,\,I.--:.> ~ y. 6", S: R. +(A;?o(c) t L.Lt U\; ::JR.( ~__ // . _,J -'~~. ' ~_ L ~ ~ ---~~ So~ - 105\ (~ &08 - 5503 (cCoo\ t'~) 737- ~S31 ~l-.S.;:l'-l<... (\.0) lYoIe~' s,;~. :r L.,Dou (l (J{!so like. "Ii", l2e/.(..,ef'J o-f my fJ/?o I<'Gho ~ p,e/l'" I 601/05 ~/j //0, -l~'9 yo.e..):.. to'I/\! -f a(~d-)OC(.Jf'. ~A",F- .~':,r:~.~ \oo( \( .. 1<0\.. S9CJD yo'" Ie:? I -;7(dA~(' });IIS.bt(,C'} /II 16/1,9 //011 , Plaintiff, Susan J. Lucas, shall be determined in the support action filed by the said Plaintiff in the Office of Domestic Relations of Cumberland County, Pennsylvania. The Defendant is required, under H324 (relating to inclusion of medical support) to provide h~alth coverage for the Plaintiff, Susan J. Lucas. 23 Pa.C.S.A. ~6108(a) (5). 4. The Defendant is prohibited from having any contact with the Plaintiffs, including but not limited to prohibiting the Defendant from entering the residence or place of business, emplo}ment or school of the Plaintiffs and from harassing the Plaintiffs, or Plaintiffs' relatives: 23 Pa.C.S.A. ~6108 (a) (6) . S. The reasonable lesses of the Plaintiffs incurred as the result of the abuse including medical, dental, relocation and moving expenses; counseling; loss of earnings or support; cost of repair or replacement of real or personal property damaged, destroyed or taken by the Defendant or at the direction of the Defendant; and other out of pocket expenses for the injuries sustained, shall be determined as part of any divorce action which has been, or may hereafter be, instituted between the Plaintiff, Susan J. Lucas and the Defendant, Harold E. Lucas and the Divorce Master shall be authorized to enter such award as he or she deems appropriate under the facts and Page -2- circumstances. Further, an award under this paragraph shall not constitute a bar to litigation for civil damages for ., alleged injuries sustained from the alleged acts of abuse giving rise to such an award, if any. 23 Pa.C.S.A. ~610a (a) (a) . 6. The attorneys fees and costs incurred by the plaintiff in bringing this action shall be determined as part of any divorce action which has or may hereafter be instituted between the Plaintiff, Susan J. Lucas, and the Defendant, Harold E. Lucas, and the Divorce Master shall be authorized to enter such award as he or she deems appropriate under the facts and circumstances. 23 Pa.C.S.A. ~6108(a) (8). 7. The Defendant is prohibited from harassing or stalking the Plaintiffs, or the Plaintiffs' relatives. 23 Pa.C.S.A. ~610a (a) (9) . a. The Plaintiff/Defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the Defendant and the Plaintiff, Susan J. Lucas, or owned solely by the Plaintiff, Susan J. Lucas, whether in the Defendant's possession or in the possession of the Plaintiffs. 23 Pa.C.S.A. ~610a (a) (10) . 9. The Defendant is advised that a violation of this order may subject the Defendant to: Page -3- ~. fi '" ~ f' ,; f" '.' t: ~.. .:i , has been violated, whether or not the violation is committed in the presence of the police officer. In the event an arrest is made under this section, the Defendant shall be taken without unnecessary delay before the court that issued the Order. when that court is unavailable, the Defendant shall be taken before the appropriate District Justice pursuant to 23 Pa, C.S.A. ~6113. BY THE COURT: I~ Il..fu.-J. <!'. -~ J. TRUE COpy FROM RECORD In Tes1:m,ny "h~r.of, I hHe unto set my hand and 1ha seal of said Court at Carlisle, Pa, This .....J..?~if:. day of.::J.1(l.k'~.,...;, 19.'15:.. ......-.~k~~,J"...a......;;0.'f-<f,{....._- ,Df*i ,Prothonotary Page -5- ',. .. . 1:-1 THE COURT CF COJlJ~ON PLEAS OF Cm~EER~~, PE~~SYLVANIA SUSAN J. LUCAS, indiVidually and on behalf of her minor children, David Lehman, Jr. and Jessica Lehman Plaint if fs v. NO. 98-6471 CIVIL TEID1 P~OLD E. LUCAS, JR. Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE AND NOW, . STIPULATION FOR CONSENT ORDER this ~~day of November, 1998, the parties, together with their legal counsel, do hereby stipulate and agreed that the Court shall be authorized to enter the foregoing Order containing the terms and conditions of their agreement, which erder shall be entered without admission by the Defendant as to the allegations set forth in the Protection From P~use Complaint. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year below written: LEGP.L PP.RTIES: (SEAL) SUSP~ J. LUCA individually and On behalf of her minor children, David Lehma , J . a Jessica Lehman Dated: -,"/ (SEAL) . SUSAN J. LUCAS, individually and on behalf of her minor children, David Lehman, Jr. and Jessica Lehman, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVANIA NO. 98-6471 CIVIL v. CIVIL ACTION - LAW HAROLD E. LUCAS, JR. Defendant PROTECTION FROM ABUSE AGREEMENT TO AMEND CONSENT ORDER OF THE PARTIE~ WHEREAS, the parties to this action having agreed to the entry of a Consent Order dated November 19, 1998 to the above Term and Number and having considered that an amendment to said Consent Order is in the best interests of all parties in order to effectuate harmony and an attempt at reconciliation of the family unit, the parties hereby stipulate as follows: 1. Paragraph 4 of the Consent Order of November 19, 1998 is hereby amended to read as follows: The Defendant may have contact with the Plaintiffs, including but not limited to personal and telephonic contact at the Plaintiff's residence or place of business, employment or school, provided that the Plaintiffs consent to said contact. 2. Plaintiff, Susan J. Lucas, individually and on behalf of her minor children, David Lehman, Jr. and Jessica Lehman, herein acknowledge that Girard E. Rickards represents Defendant, Harold E. Lucas, Jr. and not the Plaintiffs, and Plaintiffs herein represent E;.:hibit liB" . "' . .. that they have been advised to seek the assistance of counsel prior to entering said agreement. IN WITNESS HEREOF, the parties hereto, intending to be legally bound hereby, have set their hands and seals the day and year below written. Witness: ~, fV.I9~~~. ~f'<'\ ~'~J..r-d"\D Susan J. Lucas, 'ndividually and on behalf of her minor children, David Lehman, Jr. and Jessica Lehman (b7[~ -((irard E. Rickards, Esquire Attorney for Defendant Dated: \a- I.a. -q g (.... ~~~, arold E. Luc , r. ~ ' Dated: /,;J-/.;;t-9Ji? .