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HomeMy WebLinkAbout01-04154r Barbarann Green, for herself, and on, behalf of her minor child, Andrew Byrne, Plaintiff vs. Arthur Edward Green, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4154 CIVIL TERM PROTECTION FROM ABUSE ORDER TO VACATE ~.,.~ AND NOW, this ~ day of Ztrly, 2001, upon Plaintiff's Petition to Vacate Order and Withdraw Action: 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived. 3. The Temporary Protection From Abuse Order entered on July 2, 2001, is hereby vacated. Distribution to: David Lopez, Attorney for Plaintiff MidPenn Legal Services y~~ ~,,,,,I. °~ 8 Irvine Row, Carlisle, PA 17013 Cumberland County Sheriff 1 Courthouse Square Carlisle, PA 17013 FAXed and mailed to PSP - e.~i._.D ~~~ Y ~ PRA By the Court, ~ivb~llJ~SNN3d .ILNf'G'? 'lh,~^s~BVV~'~~ ~S~ ~lt ~~ ~- x(17 !f3 '' ~PJ:.' ix~i:.IPI ~~ r( ?,ilk 1~)--;~k ]'ifJ .. ~_~ Bazbazann Green, for herself, and on, behalf of her minor child, Andrew Byrne, Plaintiff vs. Arthur Edward Green, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4154 CIVIL TERM PROTECTION FROM ABUSE PETITION TO VACATE ORDER AND WITI~DRAW ACTION Plaintiff, Bazbazann Green, by and through her attorney, David Lopez of MidPenn Legal Services, requests that the Court vacate the Temporary Protection From Abuse Order in the above- captioned case and that the action be withdrawn on the grounds that: A Temporary Protection From Abuse Order was issued by this Court on July 2, 2001, scheduling a hearing for July 13s', 2001, at 9:45 a.m. before Judge Hess. 2. A Continuance was filed on July 13, 2001, rescheduling the hearing for August 13, 2001, at 11:15 a.m. The Cumberland County Sheriff s deputies have been unable to effect service on Defendant. 4. The parties aze in the process of reconciling their differences. 5. Plaintiff requests that the Temporary Protection From Abuse Order entered on July 2, 2001, be vacated and the action withdrawn without prejudice to her. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff. Resp tfu ly sul~riitted, D 'd Lopez, Attorney for Pl h MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 . ., 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: U~ / Barbarann Green, Plai rtiff ~ ~ c~ ~_ -~ ~iTt ~ ~ '. r~ Z ~ { ` ._-r i~'f ~. r ._ G:; _t:; C. . . ~ C.+ C~-, ~ . , ," ; i- Ly _ ~. { CAJ K ~.. 08/06/01 MON 14:33 FA% 7af7 f4~ 6573 CiPAfR rn pumm~nxnmaav +" n cn~.,, .- ~+ *RZS*xsx,sas*xxx:sas*~xxza~~tra *xa MULTI TN REPORT aa~ Ys~*s~~~xs~rax~ss*sx~a~t~,xz~:a T%/R% NO 2747 INCOMPLETE T%/R% TRANSACTION OH [ O119p2490779 PSP [ 03]9p2405331 Cp [ 04]92438026 LS ERROR r OFFICE QF THE PROTHONOTARY CUMBERLAPI0 0©[1N1'Y COURTHOUSE ONE COURTHOUSB SQUARE CARLISLE, PA. 17013-33£37 (717) 240-6195 FA7( ( 717 ) 24D-6573 V I A T E L E C O P I E R TO: FAX q: FRCM: FA STATE POLICE - C'~yi"~I~I 717-249-0779 /~iPicess. ~ M, P.N.S _P.S.P RE: MESSAGE: CURTIS R. LANG PFA ORDERS Lam. [J0. dF PAGES (INCLUDING CC+/ER SHEET] This n is inter~d rnly iig tte t.se ~ [te individral ac entity to rlvch is is ~ ~' ccnt-ain v"1. the is p=iv]lec~d, Uatfidaitial ad bam~t fxon A~icnlrann u~ ~Ljra~hl2 la+. Tf tre cq.~r of ltiis rt is rut Hie inffix33:, recipient. you ~:e [ti~dz/ notified Hat aC7y di~nurat~rn~ dj,~itxitirxt rg ~!'~ cf this aomcnica:irn is strctly [xd~ilaiaed. If yw h~.e r~ei~i ttus c>arntxxir.3~ Xr'. p].6d~ rrt~'-r;, is i[mr~lia~ly ty tele~h:re and xeb.¢n tle izigitt~l. rtessa:,~ ~ w a: SHERIFF'S RETURN - OUT OF COUNTY " CASE NO: 2001-04154 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN BARBARANN ET AL VS GREEN ARTHUR EDWARD R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT GREEN ARTHUR EDWARD but was unable to locate Him to wit: in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On August 9th 2001 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answ~ s: - Docketing 18.00 ,// Out of County 9.00 ~~' Surcharge 10.00 Thomas Kline Dep. Franklin Co 27.80 Sheriff of Cumberland County nn ~~.~~ 08/09/2001 Sworn and subscribed to before me this /5 ~ day of ~~ A.D. Prothonotar SHERIFF'S RETURN - REGULAR '"* 'C~SSE NO: 2001-00118 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN BARBARANN GREEN ET AL VS ARTHUR EDWARD GREEN DANE M ANTHONY - DEPUTY Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within ABUSE was served upon ARTHUR EDWARD the DEFENDANT at 0730:00 Hour, on the 1st day of August 2001 at CHARLES W KARPER INC TRUCKING 40 INDUSTRIAL DRIVE CHAMBERSBURG. PA 17201 EDWARD GREEN a true and attested copy of ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 9.00 Service 9.00 DANE M TH Y - TY Affidavit 4.00 Surcharge .00 By Mileage 5.80 eputy Sher'f 27.80 08/01/2001 CUMBERLAND COUNTY SHERIFF Sworn and Subscribed to before me this ~ day of Au~S~ A.D. by handing to Patricia AN gt Notary Public Chambersburg 6oro, Franklin County MY Commission Expires Nov. 4, 2004 . ~ ,~ Iar-Tl~e Court of Co neon Plus of Cutnb~rland County, Pennsylvania Barbarann Green et al VS. Arthur Edward Green SERVE: Arthur Edward Green No. O1 4154 civil Now, July 23, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. • ~~ ~,.~ Sheriff of Cumberland County, PA ~ffidavat ®ff Sea-vice Now, August 1 , 20 of , at 7:30 o'clock A. M. served the wlthln PEA, NOTICE OF HEARING & ORDER, PETITION & CONTINUANCE upon GREEN at CHARLES W. KARPER, INC. TRUCKING, 40 INDUSTRIAL DRIVE, CHAMBERSBURG; PA 17201 by handing to ARTHUR EDWARD GREEN a TRUE AND ATTESTED acid made lcnawn to Depu Sworn and subscribed before me this 1 day of Aueust Copy of the Original PFA, NOTICE OF HEARING & ORDER PETITION & CONTINUANCE the contents thereof. cosTs SERVICE i s. no $ 20 0l MILEAGE s.so ® AFFIDAVIT a. nn z7.ao Nov. BARBARANN GREEN, FOR HERSELF AND : IN THE COURT OF COMMON ON BEHALF OF HER MINOR CHILD, :PLEAS OF ANDREW BYRNE :CUMBERLAND COUNTY, Plaintiff :PENNSYLVANIA v. No. 01-4154 ARTHUR EDWARD GREEN Defendant CIVIL ACTION -LAW PROTECTION FROM ABUSE CONTINUED TEMPORARY ORDER AND NOW, this 13th Day of July, 2001, pursuant to 23 Pa.C.S. §6107(c), the terms and conditions of the Temporary Order issued on 2nd Day of July, 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 August 13, 2001, at 11:15AM in Courtroom 4 of the Cumberland County Courthouse, One Courthouse Square, Carlisle. Distribution To: J~ry2 MidPenn Legal Services-- P enff BY THE COURT: _, ,, // ' ~!~V'~ n A. Hess, Jae -~~o "Q 1 o-hl~~ a~~o ~wtw°~+o~d ~,~1~ BARBARA GREEN, FOR HERSELF AND : IN THE COURT OF COMMON PLEAS OF ON BEHALF OF HER MINOR SON, ANDREW BYRNE, PLAINTIFF V. ARTHUR EDWARD GREEN, DEFENDANT CUMBERLAND COUNTY, PENNSYLVANIA NO. O1- 4154 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Bazbaza Green, by and through her attorney, Joan Cazey of Legal MidPenn Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: A Temporary Protection From Abuse Order was issued by this Court on July 5, 2001, scheduling a hearing for July 11, 2001, at 9:45 a.m. 2. The Cumberland County Sheriffs Deparkment has been unable to effect service on the Defendant. 3. The Plaintiff requests that the hearing be rescheduled pending further Order in this matter. 4. 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. Respectfully submitted, Carey, Attorney fo aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717)243-9400 BARBARANN GREEN FOR HERSELF , AND ON BEHALF OF HER MINOR CHILD, ANDREW BYRNE, vs. ARTHUR EDWARD GREEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- y1- s ` -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 Pefidon. In particular, you may be evicted from your residence and lose other important rights. AHEARING ON THIS MATTER IS SCHEDULED ON V ~oo1,AT `f ~' A' .M., IN COURTROOM NO. ~OF THE CUMBERLAND 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. §6i 14. 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 maybe 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 hauing 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. BARBARANN GREEN, FOR HERSELF AND : IN THE COURT OF COMMON ON BEHALF OF HER MINOR CHILD, :PLEAS OF ANDREW BYRNE :CUMBERLAND COUNTY, Plaintiff :PENNSYLVANIA v. No. ARTHUR EDWARD GREEN Defendant CIVIL ACTION -LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: ARTHUR EDWARD GREEN Defendant's Date of Birth is: January 10,1959 Defendant's Social Security Number is: 192-50-8344 Name(s) of All protected persons, including Plaintiff and minor children: 1. BARBARANN GREEN 2. ANDREW BYRNE AND NOW, on 3' 2ao upon consideration of the attached Petition for Protection from A us ,the court hereby enters the following 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 Plaintiffs school, business, or place of employment. 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. 4. The following additional relief is granted: Enjoin Defendant from damaging or destroying any property owned jointly by the parties or solely by Plaintiff. Defendant shall not harass 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: Mid-Cumberland Valley Regional Police Department Pennsylvania State Police Department 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 prepayment of costs. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JANUARY 5, 2003 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 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 himlher 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 maybe located. If defendant violates Paragraphs 1 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 weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. B T: ~ L -.._ _ 'Judge Date Distribution to: MidPenn Legal Services Faxed & Mailed to PSP Cwnberland County Sheriff ~~,p 11 1 I ei~l~ 1 IV J^~ :~1^'1 r ~ r I i~~M1n . _. ii'I d'.. . PFAD Number: KM1281282Y BARBARANN GREEN, FOR HERSELF AND : IN THE COURT OF COMMON ON BEHALF OF HER MINOR CHILD, :PLEAS OF ANDREW BYRNE :CUMBERLAND COUNTY, Plaintiff :PENNSYLVANIA v. No. o ~ ~ ~/ ! ~°Y ARTHUR EDWARD GREEN Defendant CIVIL ACTION -LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: BARBARANN GREEN 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself - and as Parent of minor Plaintiff(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. BARBARANN GREEN b. ANDREW BYRNE 4. Plaintiffs address is confidential 5. Defendant's Name is: ARTHUR EDWARD GREEN 6. Defendant is believed to live at the following address: 31 Thompson Creek Road , Shippensburg, PA 17257 7. Defendant's Social Security Number is: 192-50-8344 8. Defendant's Date of Birth is: January 10,1959 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Spouse 11. The Plaintiff and the Defendant been involved in the following court actions: a. Protection From Abuse 12. Other details of the court action are: Protection From Abuse, Cumberland County Court of Common Pleas, #2000-2139. 13. The defendant has been involved in a criminal court action. 14. The defendant is not currently on probation /parole 15. The following other minor children presently live with Plaintiff: a. Andrew Byrne Age: 12 The Plaintiff s relationship to this child is: mother b. Connor Byrne Age: 8 The Plaintiffs relationship to this child is: mother 16. The facts of the most recent incident of abuse aze as follows: On about Friday, June 22, 2001 at approximately S:OOPM location: 31 Thompson Creek Road, Shippensburg, PA Defendant grabbed the minor Plaintiff, Andrew Byrne, by his neck with both hands,causing abrasions and soreness to his neck, lifted him off of the floor, and threw him into a chair. Defendant spat on the child and screamed at him exacerbating his fear. Defendant went to the child's bedroom and threw everything off of his dresser. Defendant again went after the child, pushed him onto the kitchen floor causing him to hit his elbow on a stool and sustain bruises. Defendant grabbed the child by his shoulder, lifted him off of the floor, and slammed him back into the chair causing a bruise on his arm. Defendant grabbed the child by the shirt, picked him up off of the chair, and hit him in the chest causing redness. Plaintiff called the police who came to the house, arrested Defendant, and charged him with simple assault and harrasment. The child suffered injuries including bruises on his shoulder and arms and abrasions and scratches on his neck. 17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) aze as follows: On or about June 19, 2001 in the evening, Defendant screamed at Plaintiff, Barbarann Green, and hit her in the head with the palm of his hand causing her to fall backwards. Defendant grabbed Plaintiff by her face with both of his hands, pulled her, and shomk her while he held her jaw. Defendant grabbed Plaintiff by the arms and pushed her around. Defendant told her to get out of the house, but pinned her into a coruer and wouldn't let her leave. In or about May 2001, Plaintiff was driving the car with Defendant in the passenger seat and the children in the back seat. Defendant grabbed Plaintiff by her shirt, hit her in or about the chest area, and pulled her towards him causing the car to swerve. Fearing for her safety and that of her children who were upset by the incident, Plaintiff got back on the road and drove home. On a separate occasion in May, Defendant grabbed Plaintiff by her shirt and ripped off her necklace causing the chain to break. Plaintiff got in her car as she attempted to leave the residence. Defendant pounded on the car door with his fist, opened the door, grabbed Plaintiffs shirt and right breast, pulled her our of the vehicle and back the house, and screamed vile names at her. Plaintiff suffered pain to her right breast. In or around December 20, 2000, Defendant hit the child in the face, grabbed him up by his shirt and chest, lifted him off of the floor, and held him over the wooden bed rail, causing him suffer rib strain, pain and require medical attention. In or around February 14, 2000, Defendant grabbed the child by the hair and screamed at him. On more than one occasion, Since January 2000, Defendant has abused Plaintiff in ways including the following: screamed at her, called her vile names, pushed, grabbed, thrown, and choked her, causing pain and bruising. Defendant has screamed at the child, pushed, grabbed, and thrown him, causing pain and bruising. Furthermore, Defendant has abused the cat several times by kicking her and throwing her into walls. 18. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order aze: Mid-Cumberland Valley Regional Police Department Pennsylvania State police Department 19. There is an immediate and present danger of further abuse from the Defendant. 20. 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 minor child/ren in any place where Plaintiff maybe found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor children, 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 find necessary with respect to partial custody and/or visitation with the minor children. c. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. d. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. e. Order Defendant to pay the costs of this action, including filing and service fees. f. Order the following additional relief, not listed above: Enjoin Defendant from damaging or destroying any property owned jointly by the parties or solely by Plaintiff. Defendant shall not harass Plaintiffs relatives. Order Defendant to pay $250.00 to one of MidPenn Legal Services' funding sources to pay the cost of litigating this case. g. Grant such other relief as the court deems appropriate. h. 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: ~ ~ I ~,ti~ oan Carey, Attorney Plaintiff MID-PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 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: ai~~/'~ G~ ~ ,r¢7~ Barbara Ann Green, Plaintiff d ~ " p U ~ b F ~ p ~ O ' ~ ~ t A W ~... 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If yw tt-ne xeoei~l Uus aoTm.nit.~arn it enxx, E mi-ifv is imng[liclt>t?ly bi' telP.fh:Cle aid k4'GR7i tle { T t ° to u~ a: