Loading...
HomeMy WebLinkAbout01-2178 FX , ,~ " I BETH RICHARDS, Petitioner, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NOo 01- :2/7 f CIVIL TERM v. SCOTT RICHARDS, Respondent NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with 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 may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. 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 - , QI/ i,. ~". ,,,.' . " I BETH RICHARDS, Petitioner, ; IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ; NO. 01- CIVIL TERM SCOTT RICHARDS, Respondent TEMPORARY PROTECTIVE ORDER AND NOW, this \v day of ~, 2001, upon presentation and consideration of the within Petition, and upon finding that the Petitioner, Beth Richards, residing at 6280 Carlisle Pike #134, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Respondent, Scott Richards, the following Temporary Order is entered. The Respondent, Scott Richards, whose current address is 211 N. Bedford St. Apt. #2, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the Petitioner, Beth Richards, or placing her in fear of abuse, and is excluded from and is ordered to stay away from the residence and premises located at 6280 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania'8l'ls 18 I fJ.vu__..l 08.11 Rd., . MIiSR8fliIlS5w,~, €L,"l:ulsFleI CStlF1t;, Pepn~VRni.. r _ I etrn~'IRiti01Ym tRe Ri8f30"d....I,"..J, t""'~se8siof' wi~I.:.J. Is.... ;111....V.J..aea. This Order shall remain in effect until a final Order is entered in this case. A hearing shall be heard on this matter on the .:to l:h day of ~ ' 2001 at ~;fc; o'clock .,fL.m. in Courtroom Number .;< , Cumberland County Courthouse, Carlisle, Pennsylvania. Service of the certified copy of the Petition and this Order shall be provided by the Cumberland County Sheriffs Department. The Pennsylvania State Police will be provided with a copy of this Order by Attorney for the Petitioner and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the Police Officer. In the event that an arrest is made under this section, the Respondent shall not be taken to jail but shall be taken " . '.'- ~ '.- - .L ~ '0 "-"'1""""'-~ iT!l " , without necessary delay before the Court that issued the Order. When the Court is unavailable, the Respondent shall be arraigned before a District Justice who shall set bail according to the provisions of Chapter 4000 of thEl Pennsylvania Rules of Criminal Procedure. -v~.~"". _ ", ~-""'~"I,,' '~~_, c -"':T _ -" > - , ''''-",~---,' -, -~- '-" ,,..,,, 'I , - - ,~,,_.-~,-, , J. -'-, ~ - " I . BETH RICHARDS, Petitioner, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- CIVIL TERM SCOTT RICHARDS, Respondent PETITION FOR PROTECTIVE ORDER Relief under the Protection from Abuse Act, 35 P .S. Section 10181 et seq. 1. Petitioner is an adult individual who is currently residing at 6280 Carlisle Pike #134 Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is an adult individual who is currently residing at 211 N. Bedford St. Apt. #2, Carlisle, Cumberland County, Pennsylvania. 3. The Respondent has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury and serious bodily harm to the Petitioner and by physical menace has placed the Petitioner in fear of imminent serious bodily injury. This has included but is not limited to the following specific incidents of abuse: 4. On April 9, 2001, the Respondent entered the Petitioner's residence at 6280 Carlisle Pike #134, Mechanicsburg, Cumberland County, Pennsylvania against her wishes. 5. Petitioner immediately dialed 911, while the Respondent was yelling and using verbal language. 6. The Respondent proceeded to the Petitioner's bedroom, moved her dresser and removed her answering machine. 7. The Respondent then went to the living room and moved a TV. wall unit and removed a DVD Player 8. As the Respondent was leaving the residence he pushed the Petitioner into a wall three times, while he was verbally abusing her. 9. After the Respondent had left, Hampden Township police officer Bonner arrived and assured the Petitioner a summons would be sent to the Respondent. , , 'c . ,.,,'~ .'0'. 0",. _ ~ , .~ _~_.. ~_ -" 'l ~"~ ,_ Mlll~ If 100 The Petitioner is also aware of the Respondents supply of guns and ammunition, therefore the Petitioner requests the Respondent's guns be taken from his possession and impounded. 11. Petitioner believes and therefore avers that she will be in immediate and present danger of serious abuse from Respondent should he not be excluded from her residence at 6280 Carlisle Pike #134, Mechanicsburg, Cumberland County, Pennsylvania and her father's residence at104 Pheasant Grove Rd., Mechanicsburg, Cumberland County, Pennsylvania and that she is in need from protection from such abuseo WHEREFORE, pursuant to the provisions of the Protection from Abuse Act of October 7, 1976,35 P.S. Section 10181 et seqo as amended, the Petitioner prays this Honorable Court to grant the following relief: A. Grant the Temporary Order pursuant to the Protection from Abuse Act: 1. Requiring the Respondent to refrain from abusing the Petitioner or placing her in fear of abuse; 2. The Respondent is excluded from her residence at 6280 Carlisle Pike #134, Mechanicsburg, Cumberland County, Pennsylvania and her father's residence at 104 Pheasant Grove Rd., Mechanicsburg, Cumberland County, Pennsylvania. 3. The Respondent's supply of guns and ammunition will be taken from his possession and impounded. B. Schedule a hearing in accordance with the provisions of the Protection from Abuse Act: and after such hearing, enter an Order to be in effect for a period of one year: 1. Requiring the Respondent to refrain from abusing the Petitioner or placing her in fear of abuse; 2. The Respondent is excluded from her residence at 6280 Carlisle Pike #134, Mechanicsburg, Cumberland County, Pennsylvania and her father's residence at 104 Pheasant Grove Rd., Mechanicsburg, Cumberland County, Pennsylvania. 3. The Respondent's supply of guns and ammunition will be taken from his possession and impounded. di ~" ~ ',f_ , , _, '_ < _.~ - , - ,~ m i -:~ ',,3'"'"'-'~ , ~ ,,~<<'. .,_ _~ .. The Petitioner further asks that a copy of this Petition and Order be delivered to the Pennsylvania State Police Department as the police department with jurisdiction to enforce this Order. The Petitioner prays for such other relief as may be just and proper. Respectfully Submitted TURO LAW OFFICES () Y/;~/t:7J Date ~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioner .". _ ~" d"'", - " ~~~. ,- ~ ," ., ,'" "' '.' , - " , -, -~ , -,. '-.' ~ ~'"".. w _~,. .. VERIFICATION I verify that the statements made in the foregoing Petition For Protective Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. OLI.\2-0\ Date ~JJ1\>cJ,w.kl Beth Richards r ~, "_r!fl.,~ .',t . ~ .- .- '."--' ,,' -- - ',' ";,,"-,,, ,,-~"" 04/12/01 THV 13:08 FAX 717 240 6573 CUMB CO PROTHONOTARY f4J001 , <: *************************** *** MULTI TN REPORT *** *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2565 01]9P2405331 04] 92490779 CENTRAL PROCESS PSP ERROR OFFICE Of WE PROI'HQIOI'ARY aJMBERLAND CCON1Y COURWOOSE CXIlE CO'JIlTIfOOSE SQUARE CARL~SLE, PI'.. 17013-3387 (717) 240-6195 PAX (717) 240-6573 V I ATE LEe 0 PIE R 'IU: PI'. STATE POLICE - rt:~1~1f1 ~.c .ss. _ M.IU.. s. .- FAX n: 717-249-0779 FRCM: CURTIS R. LONG RE: PFA ORDERS MESSAGE : ':i 00. OF PAGES (INCWDIM:i rovER SHEET) This II ""}' is i..l:bd:d cnly fir liB lElC of tt:E irdividHl cr Hl~ to w-rldl is is .dh. I, .;r'd mJ:r' o:ntain infi:xIret:im. tlat is p::MJeg!rl, o:nf:ident:ial. ;nj aa;rq;t fmn .-li<.--I..... we \.l"rlel:' <r.Pli,.mlp JEw. [f Ire Il'a"ler of !his - W is rot tl~ inlErlil'J re::ipimt. }Ol are ~ rotif.ia:l tmt inf di.Es;miretiro. d.isI:riJ:utirn cr a:wir9 of this WTIlll1icatJm is sl:rlctly p:dlibi1B:l. If 1-0.1 teI.e re:Ei.\Erl Ltu-S aJlITUiir.;r..it;n in =. pl.a3ge rot:.UY I.S .imre:JiareJ.y l:1f lelE'lin-e ad return tie a:ig:imln "!J" In LI5 al ttB an,,' al:.h."",-, vUl the \!.S. p:;e;tal geC\oim. 1lmk}Ol. '<='~""',,> ll'I,.'Uj"liffll1lllW'T_ , -~~ "O'^ ~ _ ~ ,~ ...,. ,~ .= - ,'H' ,~_~.<~ Amazon.com- Your Order f amazon.com. I . 'l";lE I. .,T,'r.[ .1 i \'..'... '...'~' i Glf.CCrl')r.."r' Shipping Address: SCOTT F. RICHARDS 104 PLEASANT GROVE ROAD MECHANICSBURG, PA 17055-1528 USA 717-766-6562 Billing Address: SCOTT F. RICHARDS 104 PLEASANT GROVE ROAD MECHANICSBURG, PA 17055-1528 USA 717-766-6562 Items Ordered Page r 01 L ~ VIEW <ART I 'NISH LIST I I HELP E':":'!'.$ f','1I.l>!( 'flE(TRo:'r~Jo:> "'~'~.~,irl\; .: r:. .'~ .",', Order#: 103-4005367-2755814 Date: March 05, 2000 at 05:47 PM Status: All items shipped to see items in your oreler. Ship Method: Standard Shipping Payment Method: Visa Last 5 digits: 35804 Number of Shipments: One shipment when complete order is ready Price 1 of: Toshiba SD1200 DVD Player Item Availability: 1 shipped "'Estimated Delivery: March 9 - March 15 $249.99 1 shipped on Mar. 6, 2000 via UPS Ground. Here is our with tracking number: lZ410E7W0309265915 Gift-Wrapping arid Message Choices: Wrapping Paper: Silver Foil Message: None $4.99 wrapping Item(s) Subtotai: Shipping & Handling: Gift Wrapping: $249099 $9.71 $4.99 TOTAL: $264.69 https://www.amazon.comlexeclobidosldisplay-order-status/1 04-9669242-4421534 ?order _ic... 4/13/2001 ~-;___~"-.>7_._..__._.J -,.- . , ., BETH RICHARDS, PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT RICHARDS, RESPONDENT 01-2178 CIVIL TERM ORDER OF COURT AND NOW, this 'J-'J day of April, 2001, following a hearing, and not being satisfied by a preponderance of the evidence that petitioner has proven that respondent has committed "Abuse" as defined in 23 Pa.C.So Section 6102(a), the petition for a protection from abuse order, IS DENIED. The temporary protection from abuse order entered on April 12, 2001, IS VACATED. Darrell C. Dethlefs, Esquire For Petitioner G. . ~ .0\ ~.~* Taylor P. Andrews, Esquire For Respondent :saa ; -,'%,"" ,. ~"-~ ..y - '.' y-- , .'- - '.- ",,'4_-1 - - ~ '" -~ .'_~";' ~.'n. .' ~4~?~/Ol TUE 09:26 FAX 717 240 6573 CliMB CO PROTHONOTARY 141001 *************************** u* MULTI TN REPORT *u *************************** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2583 [ 01]9p2405331 [ 04]92490779 CENTRAL PROCESS PSP ERROR . '" . , OFFICE Or WE PROTH<N)T!\.RY CUMBERLAND 0lJNTY OJ(JR'I1-IOOSE ONE QXJR'niOOSE g;)UARE CARLISLE. PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELECOPIER TO: PA STATE: POLICE ~ Ceut. fJItOUo$$. .- .. FAl( .: 717-249-0779 ~: CURTIS R. LONG RE: PFA ORDERS MESSAGE : -.- ----- :1 ::i ;'1 : I ---.- ': I ~r NO. OF PAGES (INCLUDING COVER SHEET) ~- .",tf11~1"", 'ltJjs ,,: -g.' is it\1En'lei cnly fur: tlB u;e of tlB Wivkll.el. cr e;Jtity to ~ is is ~\lo j. ern rreJf a:ntain ir1li::lU1B\::: ttet is p:ivilegd. cmfida'ltial ad eEtP: f:mn d;"",IO"lm umr ,<<,1 km1.. la4. {f tte .reed3:' of this II "'J" is rot: tI'e irlt:m);d W"ip;Rl1:. }'ClI are lBI:el:!f rotifi&;CI ltat lD/ dis;aniratim, distt:i\:lltim or ~ of this (;01IlU'Iic.at.im is s1:rlct1y prl'libite:L If)O.l \'eVe ~\oErl \.IUS a:mn.nir.r...ia'1 in ~. p:lEa;le llJtify 1.E itmBllatBly I:!f te1eP't:m .:ni return tie aigimlll.!9E''''l' to U; <It - - . .1.._" C"" ~, CJ=II'V'irP_ '1tH1k \W4 ~~flWII1,::, .1 "".,"._=~ ~-~ ,V~ I - '0 , ~1~"'.1~' ,"~ ~~~~~ Wl'N~"'~ ,---_. BETH RICHARDS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 01-2178 CIVIL TERM SCOTT RICHARDS, Defendant PRAECIPE To the Prothonotary: Please enter my appearance on behalf of the defendant, Scott Richards, in the above captioned action. Respectfully submitted, Taylo 78 e Pomfret Street C . e,PAI7013 (717) 243-0123 cc: Robert Mulderig, Esquire 28 South Pitt Street Carlisle, P A 17013 <:;Pl;~'''"''''''''''''' ~ , "__ r SHERIFF'S RETURN - REGULAR CASE NO: 2001-02178 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RICHARDS BETH VS RICHARDS SCOTT CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within TEMPORARY PDOTECTIVE was served upon RICHARDS SCOTT the DEFENDANT , at 0020:28 HOURS, on the 12th day of April , 2001 at 211 N BEDFORD ST APT 2 CARLISLE, PA 17013 by handing to SCOTT RICHARDS a true and attested copy of TEMPORARY PROTECTIVE together with ORDER, NOTICE OF HEARING, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10000 .00 31.10 So Answers: ....."",.('" -" -t: ~ I t'; ~~_~t: ~ Ro Thomas Kline 04/16/2001 Sworn and Subscribed to before me this J...G,+t. day of By: ;;:. /~ ~Sher' f A.D. r ~1ot '",,' ,"- "1l']~~ l'