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HomeMy WebLinkAbout00-05553 . . " , ~ , .."'....~l!!lit , Doris E, Gracey Plaintiff : IN THE COURT OF COMMON : PLEAS : YORK COUNTY, : PENNSYLVANIA ~ 06- S'S'J'J CQLi ~ ; No. 2000SU0384412 v. Carmen W, Gracey Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE I NOTICE OF HEARING AND ORDER (::) ::;::, o ~ t'"'} ~ n '0 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim sd;f9rth b in the following papers, you must appear at the hearing scheduled herein. If you fm~ tit d~ so, the case may proceed against you and a FINAL Order may be entered against w,US :;l. granting the relief requested in the Petition. In particular, you may be evicted fi"Oln:~ ;::; __ residence and lose other important rights. Any protection order granted by a court may'be ;,n:. considered in subsequent proceedings under Title 23 (Domestic Relations) of the to>::. Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A hearing on the matter is scheduled for the 18th Day of August, 2000 at 1:30PM, in Courtroom No. 12 at York County Government Center 100 West Market Street Courthouse, York, P A 17401 . 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. Under federal law, 18. U,S.C, S2265, this Order is enforceable anywhere in the United States, 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, S2262. Violation of this Order may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. In addition, if you are subject to a FINAL PROTECTION ORDER, you may be prohibited from possessing, transporting, or accepting a firearm under the 1994 Amendment to thefederal Gun Control Act, 18 U,S,c. S922(d) and (g). YOU SHOULD TAKE TillS 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. County Lawyer Referral Service Lawyer Referral Service of York 137 East Market Street York, PA 17401 717-854-8755 -..,-. - .~ -" . '.~''',,".-....~-j . ~~~,--:~ f " hi' ", \" ; ~_..' PF AD Number: YPl123507B pons E. Gracey Plaintiff : IN THE COURT OF COMMON : PLEAS : YORK COUNTY, : PENNSYLVANIA v. . ; No.de 00 .su 03844 )~ Carmen W. Gracey I Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . PETITION FOR PROTECTION FROM ABUSE o r-.... o " C-;. ::t>- ~ , ,- :::::::~ ::~E: ';j"J ':~.::: :;:::'"" J ..--;-' 'LD I, Plaintiffs name is: Doris E. Gracey -~..C' .,...,.... }~ ~~ ~:'a p"! 9 -->< 2. I, (the Plaintiff), am filing this Petition on behalf of: w _ 1.0 .'.. -' - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse, a. Doris E. Gracey - 4. Plaintiffs address is confidential 5, Defendant's Name is: Carmen W. Gracey 6. Defendant is believed to live at the following address: 28 Chestnut Street, WeIlsville, P A 17365 7. Defendant's Social Security Number is: 202-52-0767 8, Defendant's Date of Birth is: ~l~ - - "j , September 10, 1958 9. Defendant's Place of employment is: Kogeal Construction Harrisburg, PA Hrs 7am - 5pm 10, Defendant is an adult. 1 I, The relationship between the Plaintiff and the Defendant is: I Spouse 12. The defendant has been involved in a criminal court action. 13. The defendant is not currently on probation / parole 14. The following other minor child/ren presently live with Plaintiff: a. Daneka Hockley Age: 12 The Plaintiff's relationship to this child is: Mother b. Christopher Hockley Age: 16 The Plaintiffs relationship to this child is: Mother 15. The facts of the most recent incident of abuse are as follows: On about Sunday, August 06, 2000 at approximately 4:00PM location: 28 Chestnut Street Wellsville, P A 17365 I was sleeping and Defendant came upstairs with a knife and said "If I can't have you noone will". I kept talking to him and then he was going to stab himself. He wouldn't let me call for help and wouldn't let me go to work. 16, Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: Defendant hides around where I work, watching me, harassing me at work. Defendant calls me on the cell phone and tells me I better watch out because he could be anywhere and he will get me, and if anyone is with me he will beat them up also. Defendant tapes phone calls. He has harassed my ex-husband and told my daughter if her father comes out of the house he would shoot them and grandmother. 17, The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Newberry Township Police Department 18. There is an immediate and present danger of further abuse from the Defendant. I 9. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER .. ~-- """"'''''iIi!iiiI~,j , A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: ~ a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b, Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor child/ren. c. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may fmd necessary with respect to partial custody and/or visitation with the minor child/ren. d, 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 infonn the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. 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 ~e~ Signature ~ ~ -C{ -{) () Date "".........~ - . - ~, "iili~~ Temporary Protection From Abuse Order Page I of2 Doris E. Gracey Plaintiff : IN THE COURT OF COMMON : PLEAS : YORK COUNTY, : PENNSYLVANIA v. Carmen W. Gracey Defendant : No. 2000SU0384412 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . tEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Carmen W. Gracey Defendant's Date of Birth is: September 10, 1958 S;; g "" ("i ? co c:. G) \ <.SJ Defendant's Social Security Number is: 202-52-0767 ,.-, ~ ",-' ",":....,_.,_. . ~_.\:j~~.~".. . .-0 -' ~... '''',-'- Name(s) of AIl protected persons, including Plaintiff and minor children: -'; ,~' I. Doris E. Gracey (.0'.' .' ~ -:;'. AND NOW, on 9th Day of August, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the foIlowing Temporary Order: Plaintiffs request for a temporary protection order is granted. 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 prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. 3. Defendant shaIl not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons, 4. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Newberry Township Police Department ...Itemporder.asp?TempOrderID= 1273 7 &cmdMove= View+Completed+ Temporary+Order&pfad1l18/9/00 --. . "w......... "~~"- ifl<1!J~l:'j Temporary Protection From Abuse Order Page 2 of2 I 5. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. ' 6. TIDS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL AUGUST 18, 2000 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY TIDS COURT AFTER NOTICE AND HEARING. , NOTICE TO THE UEFENDANT 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. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 3 of this Order, defendant shall 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 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 Sheriffs office of the county which issued this Order, which office'shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. CERTIFIED from the records of the Court of Common Pleas of Yo County, Pennsylvania d of A,D.20~ Stacia N. Gates, Prothonotary Distribution to: Plaintiff, Defendant, York County Control, P A State Police, York County Sheriff ...Itemporder.asp?TempOrderID'" 1273 7 &cmdMpve=View+Completed+ T ~mporl!D'+9rder&ptadn 8/9/00 -"" '''-~~~llil~ <~-" '1/''''I<il~it\I!ljWli_.JRIilb;1i~~'L'<l~>M: _'ii'~' ~-il!M!IIl!l' ~",.~, .~,I _? "..c--, .'" . -~ -" ~- C," _ ,_ ,~ .".- ..m.lll , (") C:;) (J C C..> -fl :S~ ~~ -orJ.:J ::75 'i--'- me-, Z" =-:li~3 zt;; 0 ~::~ ~~~~) t.2 CJ :r-~ f~5 ~.'J ~Cl :;.: '7() /..:;;:rn :;1>8 - ~~ ~ -r... => ::0 l::> '< .,. ',^ < ., J,."~~"",~ _: