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HomeMy WebLinkAbout98-06640 11\ \l ...... -a ~.. ~ ...: ~ ~ ~ .... ~ - .:> - ~ <:l '>- " " u::, <:)-- III ""\"ll'~' ,\:;11 ,,,,'\ I'y ,I'H,:-iSYIV"~I ,\ v.... Steverl W. RtlWICN, Ilefendant 1'''. '1S- &.1...1./(\ ('IVII nl(\f I'HIIT!,('Tlm; FIHI,\I AIIIIS!': N.o.J~-'D:,J)I~II"~\H,I, :-iF, N!lluDBIWg YOU HAVE BEEN SIIEIl IN COllin'. If you wish tn defl'nd agllinst the clnims set forth in the fnllowifl).? papers, you must appear at the hell J' i ng schcdu I cd he rc i 11. l f you fa i r lotio so, t he case mllY procl'cd ngninsl you Hnd a FINAL Order lIIay b{~ l~(Jlel'l.'d against you grunt ing the relief requested in the Pctition. In particular. you may he c\'ictcd from your residence and lpsf~ otht'r importnnl rights., ,{'J A hear ing nn the milt tel' is sehl'dull'" for the -L1.dd_ dllY of ~~~-, 19'1R, at J~3{)_n__,.III., in rourtroom ND._I_ nf the Cumherland County rourlhouse. ('al'l isle, Pennsylvnniu. You MUST obey the Order Ihllt is altllehed until it is modifi<.d or terminated hy the court after not iel' and hearing. If you disohey this Order. the police may arrest you. Violation of this Order lIIay suhject you to a charge of indirect crimin,,' eontempt which is punishahle by II fine of up to $1,000.00 anll/or "l' to six monlhs in jai I under 23 Pa,C,S, ~611~. Viollllion may Illso suhject you to proseeulion ano criminal penalties under the Pennsylvania Crimes Cooe. Unller fellerlll law, 18 U.S.C. ~2265, this Order is enfol'eeablc IInywhere in the Uni ted States, Iribal lands, U.S. Territories and the Commonwcalth of Puerto Rico. If you Iravel outside of the stille and intentionally violate this Order, you may be subject to federal criminal proeeedings under the Violence Against Women ^ct, 18 u.s,r. ~ 2261-2262. YOU SHOUl.D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING, THE COURT WILl. NOT, HOWEVER, APPO I NT A l.AWYER FOR YOU, 1 F YOU DO NOT HAVE A LAWYER OH CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET l.EGAL HELP, [F YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAH ASSOCIATION 2 LIBERTY AVENUE CARLISI.E, PENNSYLVANIA [7013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABII.ITIES ACT OF 1990 The Court of COlllmon Pleas of Cumberland County is required by law to comply with the Americans with Disllhi lities Act of 1990. For information about accessible fllcilities and reasonable IIccommodations aVllj IIIble to disllbled individuals having business before the court, please contact our office. AI I arran!lements must be made at least 72 hours prior to allY hearing or busines; before the court. You must attend the scheduled conferencc or hellring, 181 Lor 1\.~"ilol. 1'1" i "I i r r ,': Tiff' ('OI'ln nl' ('/i\I\I""i I'll ,IS \'s. III 1"'\1111';1.\':/1 "11"'; I',. I"';':S\'I \',\\ I ,\ Slevt.'1I W. I~(lwl('s. Ill' floTHlan I .~( I, IIX_ ('1\'1 I. TI In! PHnTH ''I'I n"i FIWM "III'S F 'ITHI'(!R,\RY PIUlTH'Tr()'L,-'JU1~1.Nll-'01~nDRPEj{ Defendant's Name: Steven W. Howles, Defendant's Date of lIirlh: 10/27/6.1. Defendant's Social Security Number: 191-54-326.1. Names of all Protected Persons, including Plaintiff and minor chi Idren: Lori A, Nni lor, ANI) NOW. this -~~-5:.cL_ day of -~",-~,-.....1cL.-,__. 1'l9S, upon c.:onsidernt ion of the attached Pet i t ion for Protect inn frolll Ahuse, the court herehy enters tll<. following Temporary nrder: 181 J. Defendant shall not abuse, harass, stnlk or threaten nny of the nbove persons in nny place where they might be found. 181 2, Defendnnt is evicted and excluded from the plaintiff's residence located nt 507 Shed Road, Newvil Ie, Cumberlnnd County, Pennsylvnnia, n residence which is not owned or lensed by the defendant, or any other permanent or tcmporary residence where Plaintiff may live, Plnintiff is grnntcd exclusive possession of the residence, Defendant shnll hnve no right or privi lege to cntcr or bc prcsent on thc premiscs, .1, Defendnnt is prohibited from having ANY CONTACT with Plnintiff nt any location, inCluding, but not limited, to any contact at Plaintiff's school, business, or place of employment. Defendant is specificnlly ordcred to stay away from the following locations for the duration of this Order: the plaintiff's residence located at 507 Shed Rond, Newville, Cumberland County, Pennsylvania, a residence which i~ not owned or 1c.'ast.1I hy lite dl!fendant, or Hny 01 ht,,, pcrmnflcflt or lemporury re~~iden(,l~ when: plainlirr II1IlY live. 181 4. nefe,"lant shall not contact Plaint i ff hy telephone or by IIny other means, ineluding through third persons. o 5. Pending tht. outcome of the final hearing in this mlllter, Pll'Iintifr is itwar<ll'd tcmpnrnfY clIstody of 111(' following minor chi Id/ren: . (DOli ). Until the final hearing, all contact hctween Defendant and the child/ren shall he limited to the fnllowing: ", The local law enforcement agency in thc jurisdiction where the chi Id/rcn arc Incat<,d shall ensure that the chi Id/ren arc placed in the cllre and control of the Plaintiff in accnrdance with the terms of this Order. o 6. Defendant shall immediately rei inquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from p('ls~Cssing, transferring ar acquiring any ather weapons for the duration of this Order. 181 7. The following addi t ional reI ief is granted: The Cumberland County Sheriff's Department shal I attempt to make service at plaintiff's request and without pre-payment of fees, but service may he accomplished under any applicable Rule of Civi I Procedure, This Order shal I 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 Defendant by mai I, This Order shall remain in effect unti I modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff, Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives or the minor chi Idren, H ll. A cel'l ifie" "opY of Ihis Order shill I he provi"e" 10 Ihe po lice c1cpu r tment will' n' P I II i fit j r r rC~i i dC~i Hnd allY ulIH.' r agency specified hcrcHrtcr: Pennsylvania Stule Pulice und Carlisle Police Ilepllrlmenl, o ". 1'111 S ORIlER Sl1pERSrnES 0 ,'NY PI~ rOIl PFA ORIlER ,INIl 0 ANY PRIOR ORnER RELATING TO ('IIILn CUSTODY H 10. 'I'll I S OROI,R APPI.I ES I MMED I ^TELY TO DEFENDANT AND SIIM.L REM^ J N IN m'FECT l1NTI I. MOil I F I ED OR TERM I N^TED Ill' 1'111 S COURT AFTER NOTICE ^Nn IIE^RING. NOTICE Tn DEFEI\:IJANT Defendllnt is herehy notified that viollllion of Ihis Order lIIay result in arrest for indirect criminal contempt, which is punishllhle hy a fine of lip to $1.000.00 and/or lip to six months in jail. 23 Pa.C.S. ~1i114. ('onsent of the Plaintiff to Ilefendant's retllrn to the residence shall not invlII idate this Order, which clln only he changed or modified through the filing of appropriate court pllpers for that purpose. 23 Pa.C.S. Ylitl3, Defendllnt is further notified that violation of this Order mllY suhject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.c. YY 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including chi Id custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, ~ NOTICE TO LAW ENFORCEMENT OFFICIALS ':'j: .~ This Order shal I be enforced by the police who have jurisdiction OVer the plaint iff's residence OR any locations where a violation of this nrder occurs OR where the defendant may be located. If defendant violates Paragraphs I through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law en fo rcemen t . Subsequent to an arrest, the law enforcement officer shall seize a II weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be de' ivered to the Sheriff's office of the county which issued this Order, which office shall maintain -... !,O",sl's'"itlll or till' Wl'lII11}lI', llflt il flll'lhl'1 (lrdl'r 1I111l'~~S tht' \\l.'IIPllll/S ill'l' evidetlcl' of II crimI'. sflll11 rl'lIIl1in with till' I,I\\' l"lIforC('IIlClll ilgeney the arrest. 11 r t I, i s ('llU r I . ill wh i ('" C'!I'-'l'l the." ",hosl' off i eer Illude III' TilE f'flliRT. .Joan Carey ^ttorney for Plaintiff -, --J! jk~ {~/1 /J ~--- ; - Judge ~--J;,-t-. , Steven W, Rowles Defendant Pro Se Lori i\. ~ailnr. 1'1 a i III iff I ~ TilL "OIIHT I)F ('I)~tMI)~ 1'1 hIS \'S. "I ('PMIIFHI./\NIl ('()lIln'\' .I'FNNS\'I V,IN I A Steven W. Rowles, Defendant NO, '11{- (,(,'/10 ('IVII. TEH~1 PflOTEC/, I ON FROM AIIPSF !.'JIlIJ!)~.L()g-.l'.ROTE('1'.J.ilN .L"(lM...MEJ~X I. Plaintiff's name is: 1..0 riA. Na i lor. 2. The name of the person, including Plaintiff, who seeks protect ion from ahut-te i~: l.ori A. Nai lor. 3, Plaintiff's address is: County, Pennsylvania. 507 Shed Road, Newv ill e, Cumhe 1'1 and 4. Defendant's ('urrent resid<.nce is unknown to Plaint i fl'. Defendant'. Social Security Numher is 191-54-3263, Defendant's date of birth i. 10/27/63. Defendant's place of employment is Ri te Aid. 5. Defendant ha. had an int imate relationship with the plaintiff. 6. Defendant has been involved in the fOlloWing criminal court action: assault and hattery and terroristic threats 7, The fact. of the most recent incident of abuse are as follows: On or about November 14, 1998, the defendant became angry, pointed a shotgun at the plaintiff several times saying "pow pow" as if to shoot her causing her to fear for her I ife, The defendant carried two rifles out of the residence placing them near the plaintiff, punched the plaintiff in the back, and pointed one of the rifles at the plaintiff threatening that he ought to kill her. The defendant pointed the rifle at the plaintiff's 12 year old daughter, Ashley, and threatened to ki II her also, The defendant further threatened that i I' he did not shoot her children now, Ill' would kill them in a drive by shooting, The pol ice were ca lIed and the defendant was arrested. 8. Defendant has committed the fOllOWing prior acts of abuse against Plaintiff and the minor children: a. Tn or "hout August 1998, the defendant pushed the plaintiff, grabbed her by the throat, and slammed her onto tlw floor ciltlsirl].! hl'r to .ca....p ror ail and resulting ill nlllrks nil lit'" fll'ck, h, In or 1I1'I\lUt .runt' )(jll;. the dl~rl'f1t1allt thlcntclIl'd to ki II the plaintiff'''i father and l'vcryonc cln~c to hl'r cHusing till' plaintiff to fear for the lives of hl'r family memhers. c. On several ol'clIsiollS since June IfJQ7. the <lcrcndllnl has ahuscd th<' plaint i ff in "ays including, hut not I imi tell to, the following: pushing and shoving the plaintiff, punching her, and threatening to ki II her and several members of her fami I y. 9. Defendant has used or threatened to use the following wcnpons against Plaint j ff OJ" the minor chi Idrcn: shotguns and ri f I es. 10. The following pol ice department or law enforcement agency in the area in which Plaintiff I ives should he provided with a copy of the Protect ion Order: Pennsylvania State Pol ice and Carl isle Police Department. II. There is an immediate and present danger of further abuse from the Defendant, 12. Plaint i ff is asking the Court to evict and excludc the Defendant from the residence at 507 Shed Road, Newville, Cumberland County, Pennsylvania, which is owned by Plaintiff's parents, Mary and Melvin Nailor. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plainti ff in uny place where Plaintiff may be found. B, Evict and exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff, C. Prohihit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not 1 imi ted to, any contact at Plaint iff's school, business, or place of employment. D. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition. ..". \'f-I{ 1I'II'tlTI():\ I vcr i fy that I i1U1 l he Pl't it inner i1:-; des igflilted in the present act ion and thllt the facts IInd statements contained in the above Petition arc true IInd correct to Ihe hest of my knOWledge. I understand that IIny false statements lire mllde suhject to the penalties of 18 Pa.C,S, ~4904. relating to unsworn falsification to authorities. Dated: - o~ 1/' =-in' ( .1 / " /;'" <,' 1/ _, /'l.".> 1/. /',j ,'(, ''/1 Lori A. Nai Inr. Plaint i ff ...' , , " , , )J -.60 '" .. ~ .,) [r Q -, "" 1I'l' r'l C, :\.- p... ltr (' r ~ :tJ~ t J-\ ~~ f A -! " " '. "- 'I .) '\ '. ) '~ ~ ~ ).. " ")- " J , , '" .J " 1 " ~ . ..,( 1 ~ . , . - " '.:! - I II I j .\, "~ I I I t l r , 1'1"11111 II l~. 1111 l'fll'I'l III (fl',I'.ll)~~ 1'1 J\'..; III ''1'',111 I '~I ,\ -;11 ('III ''\ I\' , 1'1 '\'; S \' I \'\~ I ,\ v.... '\0, '1:;-"(,.\0 (., \' II II, H\' Sll'\'t'n W. '~Ilwlt,,,,, Defl.'lldant PI;IIT1TTIO,\ FI~()\' ,\III'S! MOT InN F(ll{ ,CmlJ'l"NUANCE I. /\ Ternpllrllry Prnlt'ctinn Ordl'r was isslled hy this Court TIlt" plaintiff, by ,he through hel' allol'o!'y. .IOMI ""I'ey of Legal Servicl's, tIlC., mOVes tht, ('ourt fnr <tll Ordl'r gl'nerally continuing the Ill'Bring in tht, ahll\'l'-C;iptioTll'd ('/tSl' on the grounds tllitt: on Novemhcr 2.1, 19<JR. !-.clledulin!! ,I hearing for Decemher .1. lQQR, "t 3: 30 p. m. 2. The Cumherland County Sheriff's flc(1artlllcnl hits not hL'cn allle to effect service of tile (Iererlclanl. 3, The pl"intiff hy "nd through her counsel request thnt ;~: the hearing he gen"I'"lIy continued and thnt the Temporary ~ ~; Protection Order remain in effect unti I modified or terminated by the court arler not ice or hearing. :! ,; 4, Cert i fied copies of the Order for Cont inullnce wi 11 be delivered to the Pennsylvflnin State and Carlisle Police Departments hy the attorney for the plaintiff. WHEREFORE, the plllint i ff requests that the Court grant this ',j o ~,., p i:' r . ,~, ",",'. jl L.>: ... Lori A. Nailor, Plaintiff VS. Steven W. Rowles, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 98- CIVIL TERM PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. on the matter is scheduled for the ~ day of , 1998, at ~.m., in Courtroom No. / of the ~umberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA :17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS ~ITH 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. You must attend the scheduled conference or hearing. Lori A. Nailor, Plaintiff VS. Steven W. Rowles, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 98- CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Steven W. Rowles. Defendant's Date of Birth: 10/27/63. Defendant's Social Security Number: 191-54-3263. Names of all Protected Persons, including Plaintiff and minor children: Lori A. Nailor. AND NOW, this ZS~J day of k~¢~ef , 1998, upon consideration of the attached Petit]o~ for Protection from Abuse, the court hereby enters the fo/lowing Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the plaintiff's residence located at 507 Shed Road, Newville, Cumberland County, Pennsylvania, a residence w]hich is not owned or leased by the defendant, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises.. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at 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: the plaintiff's residence located at 507 Shed Road, Newville, Cumberland County, Pennsylvania, a residence which is not owned or leased by the defendant, or any other permanent or temporary residence where Plaintiff may live. 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: , (DOB ). Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: **. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at 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. Prothonotary shall not send a copy of this Order to Defendant by mail. The 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 Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives or the minor children. 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police and Carlisle Police Department. 9. THIS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant may be arrested on the clharge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Joan Carey Attorney for Plaintiff Steven W. Rowles Defendant Pro Se BY THE COURT, Lori A. Nailor, Plaintiff VS. Steven W. Rowles, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY,PENNSYLVANIA : NO. 98- ~/~ CIVIL TERM : : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Lori A. Nailor. 2. The name of the person, including Plaintiff, who seeks protection from abuse is: Lori A. Nailor. 3. Plaintiff's address is: 507 Shed Road, Newville, Cumberland County, Pennsylvania. 4. Defendant's current residence is unknown to Plaintiff. Defendant's Social Security Number is 191-54-3263. Defendant's date of birth is 10/27/'63. Defendant's place of employment is Rite Aid. 5. Defendant has had an intimate relationship with the plaintiff. 6. Defendant has been involved in the following criminal court action: assault and battery and terroristic threats 7. The facts of the most recent incident of abuse are as follows: On or about November 14, 1998, the defendant became angry, pointed a shotgun at the plaintiff several times saying "pow pow" as if to shoot her causing her to fear for her life. The defendant carried two rifles out of the residence placing them near the plaintiff, punched the plaintiff in the back, and pointed one of the rifles at the plaintiff threatening that he ought to kill her. The defendant pointed the rifle at the plaintiff's 12 year old daughter, Ashley, and threatened to kill her also. The defendant further threatened that if' he did not shoot her children now, he would kill them in a drive by shooting. The police were called and the defendant was arrested. 8. Defendant has committed the following prior acts of abuse against Plaintiff and the minor children: a. In or about August 1998, the defendant pushed the plaintiff, grabbed her by the throat, and slammed her onto the floor causing her to gasp for air and resulting in marks on her neck. b. In or about June 1997, the defendant threatened to kill the plaintiff's father and everyone, close to her causing the plaintiff to fear for the lives of her family members. c. On several occasions since June 1997, the defendant has abused the plaintiff in ways including, but not limited to, the following: pushing and shoving the plaintiff, punching her, and threatening to kill her and several members of her family. 9. Defendant has used or threatened to use the following weapons against Plaintiff or the minor clhildren: shotguns and rifles. 10. The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Pennsylvania State Police and Carlisle Police Department. 11. There is an immediate and present danger of further abuse from the Defendant. 12. Plaintiff is asking the Court to evict and exclude the Defendant from the residence at 507 Shed Road, Newville, Cumberland County, Pennsylvania, which is owned by Plaintiff's parents, Mary and Melvin Nailor. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING; A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in tiny place where Plaintiff may be found. B. Evict and exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiff's school, business, or place of employment. D. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed this Petition. in E. Order Defendant to pay the costs of this action, including filing, service fees, and surcharge of $25.00. F. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc's funding source for the cost of litigation in this case. G. Order the following additional relief, not listed above: a. The defendant is enjoined from damaging or destroying any property owned solely by the plaintiff. b. The defendant is to refrain from harassing the plaintiff's relatives or the minor children. H. Grant such other relief as the court deems appropriate. I. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of .any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Dated: Respectfully submitted, LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: Lori A. Nai[lor, Plaintiff Lori A. Nailor, Plaintiff VS. Steven W. Rowles, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 98-6640 CIVIL TERM : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this ~ day of December, 1998, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on December 3, 19'98, at 3:30 p.m. in Courtroom No. 1, by this Court's Order of November 23, 1998, is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. Should the defendant wish to set a hearing in this matter, he shall contact Legal Services, Inc. to schedule a hearing date. A hearing shall be held within ten days of the request. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. 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.