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Home My WebLink About01-105 FX . JAr! ~ 5 ~O~~ .... . CHARLENE E. CHRISTMAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. Cl J- Ia.r- Go ~ C c.. /0'Lr; TIMOTHY W. GRIGGS Defendant CIVIL ACTION-LAW Protection from Abuse TEMPORARY PROTECTON FROM ABUSE ORDER 1. Defendant's Name is Timothy W. Griggs 2. Defendant's Date of Birth is: 10-29-58 3. Defendant's Social Security Number is: 187-50-3653 Names of protected persons, including Plaintiff and Minor children: Charlene E. Christmas Nicole Christmas, age 15 Brandon Christmas, age 16 AND NOW this st;if day of January, 2001, upon consideration fo the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, threaten, harass or stalk any of the above persons in any place where they may be found, 2, Defendant is prohibited from having ANY CONTACT with Plaintiff any of Plaintiff's relatives and any other person protected in this order at any location, including, but not limited to any contact at Plaintiff's or her children's school, business, or place of employment, Defendant is specifically ordered to stay away from the following locations for the duration ofthis order. Plaintiff's current residence or any plaice where she may stay during the term of this order. Plaintiff's current place of employment or any other place where she may be employed during the term of this Order. Empire Medicare Services, 300 East Park Drive, Harrisburg, PA .... 3. Defendant shall not contact Plaintiff or any other person protected by this Order, by telephone or any other means, including through third persons.. 4. The following additional reliefis granted. Defendant is enjoined from damaging any property owned in whole or in part by Plaintiff; or her children. Defendant shall allow Plaintiff to remove her and her children's property, including her stereo and clothing and other belongings from Defendant's home. 5, 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 Middlesex Township Police Shippensburg Police Swatara Township Police 6. 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 the prepayment of costs. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL ONE YEAR FROM THE DATE OF ITS ISSUA.N'CE OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a rme of up to $1000 and/or up to six mouths in jail. 23 Pa.C.S. ~ 6114. Consent of the Plaintiff to Plaintiff'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 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 Plaintiff's residence OR any location where a violation ofthis order occnrs, OR where the Defendant may be located. )f Defendant violates Paragraphs 1-4 ofthis Order, defendant shall be arrested on the charge of Indirect Criminal Coutempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is commited in the presence of law enforcement. Subsequent to an arrest, the law euforcement 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 be forthwith 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: Distribution to: Michael J. Kane, Attorney for Plaintiff 3300 Trindle Road Camp Hill, PA 17011 717-214-3700 717-214-3703 (fax) Pennsylvania State Police AJ\iIERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. CHARLENE E. CHRISTMAS for herself and on behalf of NICOLE CHRISTMAS, a minor and BRANDON CHRISTMAS, a minor COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff 01- J05 (!;;;J -r ~ : NO. v, TIMOTIIY W. GRIGGS Defendant CIVIL ACTION-LAW ; PROTECTION FROM ABUSE PETffiON FOR PROTECTION FROM ABUSE 1. Plaintiff is Charlene E. Christmas 2. Plaintiff is :filing this Petition on behalf of herself and her minor children, Nicole Christmas, age 15 Brandon Christmas, age 16 3, Names of all persons who seek protection from abuse; Charlene E. Christmas Nicole Christmas, age 15 Brandon Christmas, age 16 4. Plaintiff's current address is Roadway Inn, 1239 Harrisburg Pike, Carlisle, Pennsylvania 5. Defendant's Name is Timothy W. Griggs 6. Defendant is believed to live at the following address: 127 Hershey Road, Shippensburg, P A 17257 7. Defendant's Social Security Numberis: 187-50-3653 8. Defendant's Date of Birth is: 10-29-58 9. Defendant's Place of Employment is: Unemployed, receiving social security disability 10: Defendant is an adult 11, The relationship between Plaintiff and Defendant is: Possible husband and wife (plaintiff and Defendant engaged in a marriage ceremony on June 20, 1997 in Maryland. Defendant's previous paramour has recently claimed to have been in a common-law marriage with Defendant which was never dissolved by divorce prior to Plaintiff and Defendant's marriage.) 12, Plaintiff and Defendant have been involved in the following court actions: None ]3, The Defendant has not been involved in a criminal court action. The Defendant is not currently on probation 14. Plaintiff and Defendant have no minor children together 15. The following other minor children presently reside with Plaintiff: Name Nicole Christmas Brandon Christmas Age 15 16 Plaintiff's relationship with child/ren Mother Mother 16, The facts of the most recent abuse are as follows: On December 20, 2000, at 127 Hershey Road, Shippensburg, P A 17257, Defendant demanded that Plaintiff hit her son, Brandon, in the face because Brandon had gone to school without a coat. Plaintiff refused. Defendant and Brandon got into an argument. Defendant told Plaintiff that, if she did not hit her son, he would destroy her vehicle. Plaintiff again refused and Defendant shoved Plaintiff aside, went outside and then smashed the windows in her truck with a heavy flashlight, Plaintiff called the Pennsylvania State Police and officers assisted Plaintiff in removing some of her and her children's possessions from the residence so that Plaintiff could seek shelter. On December 22, 2000, Plaintiff went back to the residence to remove more of her personal property. Defendant was present. Defendant asked Plaintiff to return home. Plaintiff told Defendant that she did not want to be involved with him any more. Defendant began screaming at Plaintiff and then knocked all items off of Plaintiff's dresser to the floor, Plaintiff immediately left the house with her children, Thereafter, Plaintiff stayed with her children in a motel in Shippensburg. She observed Defendant drive slowly up and down the Carlisle Pike, apparently looking to locate Plaintiff or Plaintiff's vehicle, Plaintiff moved to another motel. Defendant eventually located Plaintiff's vehicle in that motel parking lot. Defendant confronted Plaintiff and demanded that she return to him. Defendant brandished a knife and stated that he would slash the tires on her vehicle if she did not return. Plaintiff called the lMiddlesex Township Police who responded and confiscated a knife from Defendant. Defendant returned to the motel on another occasion and argued with Plaintiff. Plaintiff managed to get Defendant out of the motel room, Defendant sat in his van in the parking lot for 15 minutes and would not leave. Plaintiff called Middlesex Township PD who told Defendant to leave. 17. Prior acts of abuse: December 2000, Shippensburg, P A: Defendant was looking at handguns at a sporting goods store in Shippensburg and said that he was going to purchase a weapon. Defendant told Plaintiff that she would not stay with him if he had a gun, as she is afraid of guns, Defendant told Plaintiff that he would kill her with the gun if she left him. Summer of2000: Shippensburg, P A. Defendant confronted Plaintiff after she was talking to a male friend on the phone. Defendant slapped Plaintiff and knocked her to the floor. Plaintiff told Defendant that she was leaving him and Defendant threatened to destroy her vehicle if she did. Plaintiff remained for fear that he vehicle would be destroyed. 1997: Shippensburg, PA. Defendant, during an argument about Plaintiff's children, threatened to smash Plaintiff's lamp, Plaintiff told Defendant not to do that, as she had just bought it for $80. Defendant smashed the lamp with a hammer. 1996: Shippensburg, P A Defendant got angry at Plaintiff and struck a glass coffee table owned by Plaintiff with a hard object, causing it to shatter, Defendant has continuously threatened to destroy Plaintiff's vehicle when his demands are not met. Defendant has continuously been physically assaultive, shoving and pushing Plaintiff during arguments, particularly when Defendant threatens to assault Plaintiff's children and she has intervened to protect them. 18 . Weapons Defendant used or threatened to use against Plaintiff or the minor children: Possible knife and gun 19, The police departments or law enforcement agencies that should be provided with a copy of the protection order are: Shippensburg, Pennsylvania Pennsylvania State Police Swatara Township, P A Police (Plaintiff's employment location) Middlesex Township Police (plaintiff's temporary residence) 20. There is an immediate and present danger of further abuse by the Defendant. 21: Plaintiff has suffered out of pocket financial losses as a result of the abuse described above, The losses are: Damage to Plaintiff's Truck: $300 Cost of Motel Room: $210.50 per week for 3 weeks. FOR THE REASONS SET FORTH ABOVE, I REQUEST 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 and or the minor children in any place where Plaintiff may be found. b. Prohibit Defendant from having any contact with Plaintiff and or the minor children 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. c. Prohibit Defendant from having any contact with Plaintiff's relatives, including Plaintiff's adult son, Tristan Enck and Plaintiff's children listed in this petition. d, Enjoin Defendant from damaging any property owned, in whole or in part, by Plaintiff or Plaintiff's children. e. Order Defendant to allow Plaintiff to remove her and her children's property, including her stereo and clothing and other belongings. f. Order Defendant to pay the costs ofthis action, including filing and service fees, g. Order Defendant to pay Plaintiff's out of pocket expenses as a result of his abuse, including $300 damage to her vehicle and motel costs of$210.50 per week for 3 weeks. h, Order Defendant to pay Plaintiff's pro bono counsel reasonable attorney's fees. i. Grant such other relief as the court deems appropriate. j. Order the police or other law enforcement agency to serve 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 that the Defendant's residence, where Defendant can be served. Respectfully submitted, \k.\~ r-~~ ~ Michael J. Kane ego No. 46215 Kane and Mackin, LLP 3300 Toodle Rd. Camp Hill, PA 17011 (717) 214-3700 Attorney for Plaintiff 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, S 4904, relating to unsworn falsifications to authorities. ~Q~ (,0.fW)~ Charlene Christmas >- q: ~;:;; r' LJ,J~_~ 2~':~. ~~~ '--~' ~ <:::l:: ~ J; cr~ t\J '"" ; ~j J"'h; ,.... ('0 C: 7- ?~ ::.~ ~~~ 0") C~A '.1") "-~, ~~': ~~; ~.~~ :.':) C> o Ol/05/0~ FRl 16:~1 FAX 717 240 6573 , , CUMB CO PROTHONOTARY @OOl *************~************* *** MULTI TN REPORT *** *************************** TXlRK NO INCOMPLETE TX/RK TRANSACTION OK 2381 ERROR [ 01l9P2405331 [ 03]9P2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERV I CES PSP '. ; OfFICE OF '!HE PRarHCNOTl<RY CUMBERLAND COUNTY COUR1lIOOSE ONE roJ'R'l'I100sE ;?QUARE CARLISLE. PA. 17013~3387 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R te.,., hl?.l pr~~lf'o/l TO: L~~\ &j-v' <t.cs, a \;?sf. FAX~: (7f7-]-:JL/-9-()119 : ~, fRO<! : CURTIS R. LONG fill: PFA Ocde....r-:s. ME:SSAGE : ~ A~ 1\0. OF PAGES (INCLUDING COVER SHEET) This ~ :is iut;;..B:l ~ fix l:te we of tt-e iIrliv:iciBl. cr 81tity In..rom is is "H. ..j.,.:n:l I1HI o::ntain :infi:o.nat.im t:iHt :is p::iYi1.Eg;rl. ~ ad €lIEIq;t: fmn niS."lQ"'Jre urler 'U''',..,...".. \a.l. . rf Ii"\!! re<det" of this ~ is rot Ii-e intaUi:d "'Cipi<tt. }OJ Cite terEl;y rot:ifia::l. ltat <ni d:is.'ffi>iratia1, .. - ... .~- ~ri..... nF this a:mJU'licatim is s1::r:Jctly p:ctribi.t:e:l.. If iID ~ ~\IOd ttus - ... _.-=....:......., ~ to ts Clt . CHARLENE E. CHRISTMAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01- t6~ COl[~~ TIMOTHY W. GRIGGS Defendant CIVlL ACTION-LAW Protection from Abuse NOTICE OF HEARING AND ORDER YOU HA VB 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, A hearing-on the matter is scheduled for the 2001, I; 30 f .m. in Courtroom 'f Carlisle, Penns lvania. /t2..~ day of ~A1:" at the Cumberland Coun Courthou e, You must obey the order which 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 $1000 and/or six months in jail under 23 Pa.C.S. S 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code, Under federal law, 18 U.S.C, S 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 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. SS 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, HOWEVER, WILL NOT APPOINT ALA WYER FOR YOU. IF YOU DO NOT HAVE A LAWYER AND 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. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 717-240-6200 ~) _ -'C"' -,.-.\,::t'\I~;F ,\\~"., "".- R' eF ~,,_::,,:_'~~c,,:_ -5f\),-:,>\01~1J ~ Q\ I'M _c: PI'\ \.,: 05 . ...Jh" ...J - ,,- UNl\f _~-.-~ ~;.\-u-' (-u l l C\I'\c",-" ,-,i>l U , ..;I\{ O~Nt~~NL\!p.N\{-\ .- ,~ ( . } ...... ..". CHARLENE E. CHRISTMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 01-0105 CIVIL TERM TIMOTHY W. GRIGGS, Defendant PROTECTION FROM ABUSE IN RE: AGREEMENT OF THE PARTIES ORDER OF COURT AND NOW, this 12th day of January, 2001, the Court enters the following order without admission of the allegations of the complaint: 1. The Defendant is restrained from abusing, threatening, harassing, or stalking Plaintiff and/or the minor children in any place where Plaintiff may be found. 2. The Defenant is prohibited from having any contact with Plaintiff and/or the minor children either in person or by telephone, personally or through third persons, including, but not limited to, any contact at Plaintiff's school, business, or place of employment. Provided, nevertheless, that the parties may communicate with one another in writing through the United States mail as to any relevant communications. 3. The Defendant is prohibited from having any contact with Plaintiff's relatives, including Plaintiff's adult son, Tristan Enck, and Plaintiff's - ",. .~. f,~~~~gfflC;: . ..:m;R'f Oi _U\~'1' j . ._j--,~ ! ~ ?lJ 2: 53 CUi\.E':I~(~/" i~, ,'",,- PENt~3YL\.!;,;~:~:~I'VY ..-- ~... ~ -"'to ~.... . , "'" "-"'" children listed in this petition. 4. The Defendant is enjoined from damaging any property owned in whole or in part by Plaintiff or Plaintiff's children. 5. The Defendant is ordered to allow Plaintiff to remove her and her children's property, including her stereo and clothing and other belongings. 6. The Plaintiff is ordered to cooperate with Defendant in Defendant's obtaining his personal property from rented storage in Mechanicsburg, Pennsylvania. 7. Filing and service fees and any other court costs are waived as to both parties. 8. The Defendant is ordered to pay Plaintiff's out-of-pocket expenses in the amount of $195.00 at the rate of $5.00 per month. 9. Cumberland County Domestic Relations Section is authorized to release to Defendant an accounting of the child support received by Plaintiff for Nicole Christmas and Brandon Christmas for all of calendar year 1997. 10. Plaintiff will cooperate with Defendant in obtaining a copy of her 1997 Federal Income Tax Return. 11. The police or other law enforcement agency is ordered to serve the Defendant with a copy of .. . ~ . . ..] ~ this petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses other than the Defendant's residence where Defendant can be served. By the Court, Michael J. Kane, Esquire For the Plaintiff / K~. j' Wayne Shade, Esquire For the Defendant :mae 4- ~ Hess, J. :/' ~ 0" tit' t>,\,,\q;~