The URL can be used to link to this page

Home My WebLink About01-0760 FX - ,~ .~,' , ';~~-' ,~ ':M, iW-::1', f PFAD Number: NVI191867C Sharon Jean Leonard, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Michael Edward Wilbert, Defendant : No. '7foO : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiff's name is: Sharon Jean Leonard 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Sharon Jean Leonard 4. Plaintiff's Address is : Confidential 5. Defendant's Name is: Michael Edward Wilbert 6. Defendant is believed to live at the following address: Perry County Prison, New Bloomfield, P A , 7. Defendant's Place of employment is: Perry Junction, Landisburg, Pennsylvania 8. Defendant is an adult. , ,',.c. . 'c -, - ':;;<~, ';", " "' -,.., -';',1 f 9. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner Persons who live or have lived like spouses 10. The defendant has been involved in a criminal court action. II. The defendant is currently on probation / parole. 12. The defendant is currently on County probation / parole. Description: Cumberland County 13. The facts of the most recent incident of abuse are as follows: On or about January 29, 2001,Defendant yelled at Plaintiff and hit her on the head causing it to bleed profusely. Defendant fled the residence. The police were called. When the Newport police arrived, the ambulance was called and transported Plaintiff to the Carlisle Hospital. As a result of the incident, Plaintiff suffered injuries including a laceration on her head whech required six staples,pain and dizziness. Defendant was arrested and is currently incarcerated in Perry County Prison on charges stemming from this incident. 14. 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: In the fall of 2000, Defendant punched Plaintiff in the jaw with such force that she fell into the back of a chair, bounced off ofit, hit a sliding glass door, and fall to the floor. As a result of this incident, Plaintiff suffered injuries including a swollen jaw. In the summer of 2000, Defendant grabbed Plaintiff, and forcefully squeezed her arm causing bruises. 15. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Carlisle Police Department Newport State Police Department 16. There is an immediate and present danger of further abuse from the Defendant. 17. Plaintiff has suffered out-of-pocket financial losses as a result ofthe abuse described above. Those losses are: Defendant is responsible for any medical expenses incurred by Plaintiff due to incidents of abuse. 18. 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 ," - "- ~ " f and/or minor child/ren in any place where Plaintifl" 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 Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. c. Order Defendant to pay the costs of this action, including filing and service fees. d. Order the following additional relief, not listed above: Defendant shall not harass Plaintiffs relatives. Defendant shall not damage or destroy any property owed jointly by the parties or solely by Plaintiff. Defenant shall pay $250.00 to one of MidPenn Legal Services' funding sources as reimburse for litigation in this case. Defendant shall return Plaintiff's personal belongings within two weeks of the entry of this order by arrangements facilitated through MidPenn Legal Services. e. Grant such other relief as the court deems appropriate. f. 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 the Defendant's residence, where Defendant can be served. Respectfully submitted, Date: c:?/ G !o / I I Joan Carey, Attorney tI Plaintiff MID-PENN LEGAL ERVICES 8 Irvine Row Carlisle, PA 17013 Distribution to: MidPenn Legal Services Fax and Mail PSP ". ' , ~.-" ,J,_'~-" . . '., o~_" ,,_,-<, -'':ci- '. . . 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: ~-7-()1 i1t~'.J'"iM!:~M,g'j;;~l,~'w;E:.s;~"m,l>'"";"\::I:''o,'~~,\(;,j<j,("~ri[ill.i!Jl<j,,,,":,,,,,qi~"',L\c'n1f,', ,";~",i,~,",'No'\lH','~,ji-'Ii*,,;",*l> .' ,,,,,,,"," ttii:ii:M'-'-<" '~""""'~'j~jT~llilWfll~ -';-m.:[iJ,iatJ .-- z (") 0 ~ -., -c'f:' r-q rnd'. co Z::J" LC .. I CO >~ .-1 .-.::::::..-. r:::C.; -::J ~?C~; --F ~(,,;\ Pc ~ L '" -~ -< \.D \--"-\' \ . \ \ "": '" ..0 o " -,- ~.=~, " .~ '. I n --:'"1 " ~ , L ~~f~ ~f,~ :_._-~(; ::') i"n :::'::'-1 ~ -< , <- ~ ^-, ~ ,-, Sharon Jean Leonard, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Michael Edward Wilbert, Defendant : No. 01-1(" : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Michael Edward Wilbert Name(s) of All protected persons, including Plaintiff and minor children: I. Sharon Jean Leonard AND NOW, on 6th Day of February, 2001 upon consideration of 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, 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. Defendant is specifically ordered to stay away from the following locations for the duration of this order. any current or future residence Plaintiff may establish. 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. ,,,-, ,,"ci'-c. -"!;:;,,,,-,,--' ,'" ,,"~ ,'-.'; 1- ''''~'- = , (.~~ ,- ',L~."_,-,,,_,_;"; ',-,' " .Jlt::i~t\' 4. The following additional relief is granted: The Cumberland County Sheriffs 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. The Prothonotary shall not send a copy of this Order to Defendant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiratiop. date if the Court finds that Defendant has committed an act ofiabuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department Newport State Police Department 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy ofthe 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. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL AUGUST 6, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT ""'""" .' .. ,-' " c. "'c,.c;."',, 'IT:'{];-i 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 injail. 23 Pa.C.S. 96114. 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. 96113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 D.S.C. 992261- 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 1 through 3 of this Order, defendant shall be arrested on the charge ofIndirect 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 oflaw 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 weapons until further Order of this court, unless the weapon/s are evide . e, in which case, they shall remain with the law enforcement ag y who cer made the arrest. 2-11 e t ~ \l.tA40..-~_ Judge ' v~ V Date Distribution to: MidPenn Legal Services - ~ ~ -0 LJtl'yL Faxed & Mailed to PSP~ J.} 7/0{ -3: 'Hto~. pJJj ~~ ,_""'"ol.....""".'''''''.M Tilllllilllllilllil - .1. '" - >'" - _ ,I-'.:'j-~-;-,",L'''''';- _","-, ',,;.J'Jl-: Sharon Jean Leonard, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001- 1(d) CIVIL TERM Michael Edward Wilbert, Defendant : 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. A HEARING ON THIS MATTER IS SCHEDULED ON~ /~ ~AT /1:#1} A-:M.,INCOURTROOMNO. .3 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 $1,000.00 and/or up to six months injail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. .... ~~i!!;J.&j,...i<4.,"~+"i'~"'," ';;d!;",!~-"l&""'i '",',i'''X:f,df",,;;,1_i',"''", _"_ ",',j{'_~'_":;r'_i"c:"~ ,- ~'k\Y,l;,I;, --it." '-"R ~",b~_c.;;>'~J~lillIl!.'3;~-<!!~IIfi~$",,,,,,'N'\'I~~~,,,,ii,-_H~~~!a:'a-j" \iII\!VI\lASNN3d JJ.N!jl'i'i ,'1'" "L'~C1''IIn'''' ,Lit,", '~Ji\",l ,d:--ltJV. v "l. .'J ::J-! 'C, i.- 8J.:J 10 ltJ~/l!~:Ln'~:5~j~~!:'J'U ~O - "' ..""" .", _ if.I!!J~~_:r ~H , ~itj 02/07/01 WED 15:48 FAX 717 240 6573 "'~ ~. , " , ;'" " I,'~ "~..u_-lJ;N CuMB c6 PROTHONOTARY 1i!J00l " .' *************************** *** MULTI TN REPORT *** ****************~t*~******* TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2444 ERROR [ 01]9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP . , OPFICE OF THE PROI'HCN:YrARY CUMBERUIND ca.JNI'Y COURWCUSE OOE a::.xJRTIiCt.JSE SQUARE CARLISLE, PA. 1701]-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELECopreR /J \ n"""oce.c!C! ")~ ~^ >"1. Ll'.4"/ S"H (/,'Ce.5 TO: PA STArE POLICE ~e~;: ~:I dJi~~ 1'\ /' ) FAX ~: 717-249-0779 I'RO-1 : CURTIS R. LONG RE: PFA ORDERS MESSAGE : ~ ---9--. tQ. OF PI\.GES (INCLUDING OOVER stIEET) '!his II. :;'J is illllt..dd OOy fir tie Ul[) of tlB JrdividHl cr entity In ~ is is ~1lo i, .nl ney <:mtnn infurrretim Iiat is p::iYileg;O, o::n€:idential an emlpl: fro'n o;qo-l=re lItter: "W1irm1p lao. rf tl-e J:llfrl;:r: rf. this II ~ is rot Ii"" inlBT.l;d m::ipierlt. )UI are t-ereI:y mtifia:l. that <<If d.is;1Emi.retim, di$triI:ut:im IT cq:y.in;J of ttrls ci:rrmnicatj.()'l is strictly ~tEd. If)Q1!me:reoci.~ ttus - -,,,~,~ ,~-..",."... "1""",,.....r; fir uS irlmrliatelv b{ l:Bleth:re B:1i ~eturn !te o::igimlll "'J5' lP LS at ~ '_' ~ b." -1-- ;0.' --'Ie ,',~ - I~i Sharon Leonard, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01- 760 CIVIL TERM Michael Edward Wilbert, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Sharon Leonard, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on February 7, 2001, scheduling a hearing for February 12, 2001, at 11:00 a.m. 2. The Cumberland County Sheriffs Department has been unable to effect service on the Defendant. 3. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. oan Carey, Attorney MIDPENN LEGAL 8 Irvine Row Carlisle, P A 17013 ~ ~ -" ~ -" :'m',,-=,-, --~,- C, ~1IniJ!i{_i; Sharon Jean Leonard, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Michael Edward Wilbert, Defendant : No. 01-760 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE CONTINUED TEMPORARY ORDER AND NOW, this 12th Day of February, 2001, pursuant to 23 Pa.C.S. ~6107(c), the terms and conditions of the Temporary Order issued on 6th Day of February, 2001, in the above- captioned case are hereby continued in full force and effect until further order of the court. A hearing on this matter is scheduled for the February 28, 200t, at 3:30PM in Courtroom 3 of the Cumberland County Courthouse, One Courthouse Square, Carlisle. T;t .~ :,Pre",) Judge Distribution To: MidPenn Legal Services Faxed & Mailed to PSP Cumberland County Sheriff Cor'~ 9;~..Jo l.S. ~ ":</I~/D( , ,'~ --~- :!~liel%IH;"ii'Mi4'!hL;)B,!no;;~'''''''f''~'',,!l,)i;'!;''.'iW){.M;~~bflh"Y3dj,!"MHMi'",),,,,,,, ;'.,," ";,-,1~",:'Ht.J'>.."'ii-,,j'-1~"R',41.jh"..,,illH.~~~m~,:d~jl~~ii"!iIi'~' ,.- Ilillllfl!l'i~ g o c -~ "'::u- "'"Ocr:; fflfT' Z'_:C --;y'''''' L_' (.O~ =<". r:: ("., ~,.-- ....~. ~5=;~ -;pc :2 ~ ~ .. ,~ ~ ^' ,~ .~. , , ., ~ o ..." 01 CO !Jt'jiil~ . o -'n I" -.'"' ;::;;; ,~ " ' t:!.C? -:-:-'\9 " :~:jz~ 'i:\',"J :J:.1 :< -r':'1 -'" ;-V .....\ ~ - ~". -'- ~ ~~- SHERIFF'S RETURN - REGULAR CASE NO: 2001-00760 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEONARD SHARON JEAN VS WILBERT MICHAEL EDWARD JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon WILBERT MICHAEL EDWARD the DEFENDANT , at 2036:00 HOURS, on the 12th day of February, 2001 at CUMBERLAND COUNTY PRISON CLAREMONT ROAD CARLILSLE, PA 17013 by handing to MICHAEL EDWARD WILBERT a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~ ~ .~ J'l""< ", ....~ r- --. .00 .00 .00 .00 .00 .00 R. Thomas Kline 00/00/0000 me this a.- .:[0- day of BY'~~ puty Sneriff Sworn and Subscribed to before d~ =-J AD. c.~~ r~notary . -"lli~;'~"i'" - ,'i, .. j',..~" , 5i ) , t Sharon Leonard, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-760 CIVIL TERM Michael Edward Wilbert, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Sharon Leonard, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order generally continuing the hearing in the above-captioned case on the grounds that: I. A Continuance was issued by this Court on February 12, 200 I, scheduling a hearing for February 28, 2001, at 3:30 p.m. 2. The parties, by and through respective counsel, agree the hearing be generally continued to afford them time to execute a consent agreement. 3. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. WHEREFORE, the Plaintiff requests that the Court grant this Motion and generally continue this matter, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, J1;liuLCarey, Attorney for laintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 "mfi:;,@;'~_:!il'f:Ni<;l-i~~k~1;t!6_ -11;',;__ .---;-':-.{;<I,'~_,\'"'!:cc.?:;"~"'''i;'n~l;;,''',:;-~O'--",'-'''.;':';;-"dtf!2'-.'_'",\;.t_:;.,;"'~<W'lt~~:!ib~~:';;'o!kJ~MkiJ"~l@ii~~1Iffil!m!!ii,!~1ili'.~""j-.ij!tili~.@jlf~i:ii.tlL AlNlr6~V~80fr~&drvnb 6 [; :8 I-lV r:; I tmJ 10 Ab'tlli':!""" ..... ....\"~Jii'i/:~~;.I\~:-c :,:r:' L ::10 :J,)J.:h. )--\1'1-1.. - \.~ ..:_; ,ij ~ "~^~" ~ ~ .. ~- ~ ~ ~~, ~- ~~ , "I t "~,<,'_',';lf",,:i!ill.,'<Ocl;,",, =~, ~ ~--, .,~ ~_..... """'" . . " , ,c, "'. '.!M1L:,~:.'., . -" " I Sharon Jean Leonard, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. Michael Edward Wilbert, Defendant : No. 01-760 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE CONTINUED TEMPORARY ORDER AND NOW, this 1st Day of March, 2001, pursuant to 23 Pa.C.S. g6l07(c), the terms and conditions of the Temporary Order issued on 6th Day of February, 2001, in the above-captioned case are hereby continued in full force and effect until further order of the court. resident Judge Distribution To: MidPenn Legal Services Faxed & Mailed to PSP Jerry Russo, Attorney 320 Market Street Harrisburg, P A ~ 03-13-0 I ~~S