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HomeMy WebLinkAbout01-04864Loretta Lynn Sheriff, Plaintiff vs. Ronald Ray Richardson, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol- ~~~~ 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 Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the ay of August, 2001, at .3 ~ ~ m., in Courtroom No. ~ on the 4th Floor of the Cumberland County Courthou e, l Courthouse Square, 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. §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 Rnco. 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. Temporary Protection From Abuse Order Loretta Lynn Sheriff, Plaintiff Page 1 of 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA v. Ronald Ray Richardson Jr., Defendant CIVIL ACTION -LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Ronald Ray Richardson Jr Defendant's Date of Birth is: September 26,1968 Name(s) of All protected persons, including Plaintiff and minor children: 1. Loretta Lynn Sheriff AND NOW, on 17th Day of August, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalls 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. Plaintiff's current residence located at 204 Firehouse Road, Shippensburg, Pennsylvania, and any future residence she may establish. Plaintiff's current place of employment at H and H, 730 E. King Street, Shippensburg, Pennsylvania, and any future places of employment. Plaintiff s current place of employment at H and H, 730 E. King Street, Shippensburg, Pennsylvania, and any future places of employment. ' 3. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiffs 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 the Defendant by mail. This order can be extended beyond its original expiration date if the court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued 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 ordered to refrain from harassing Plaintiffs relatives. 4. 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 Department 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. THIS ORDER APPLIES IIvIMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUARY 17, 2003 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Temporary Protection From Abuse Order Page 3 of 3 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 maybe located. If defendant violates Paragraphs 1 through 2 of this Order, defendant shall be arrested on the chazge of Indirect Criminal Contempt. An arrest for violation of this Order maybe 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. (~ Distribution to: MidPenn Legal Services Faxed & Mailed to PSP ~'i~~/i;1~:SV~d~~ .,, _~,: ~ ~AA!k#§ ?a~uF ^e~ra-.. -:erotic avmu. u.~.yWr .vyu- :,N~a?s~w,e,ta Loretta Lynn Sheriff, Plaintiff PFAD Number: KJl'31496cU IN THE COURT OF COMMON :PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA v. Ronald Ray Richardson Jr., Defendant CIVIL ACTION -LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Loretta Lynn Sheriff 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. Loretta Lynn Sheriff 4. Plaintiffs Address is :204 Firehouse Road ,Shippensburg, PA 17257 5. Defendant's Name is: Ronald Ray Richardson Jr 6. Defendant is believed to live at the following address: 20 Spring Street ,Shippensburg, PA 17257 7. Defendant's Date of Birth is: September 26,1968 8. Defendant's Place of employmenbis: ChemDry Carpet, Road Way Trucking 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 11. The defendant has been involved in a criminal court action. 12. The defendant is currently on probation /parole. 13. The defendant is currently on County probation !parole. Description: Franklin County 14. The following other minor children presently live with Plaintiff: a. Kerstin Nichole Sheriff Age: 4 The Plaintiffs relationship to this child is: mother 15. The facts of the most recent incident of abuse aze as follows: On or about August 12, 2001, Defendant repeatedly drove past PlaintifFs residence causing her to fear for her safety. Plaintiff called the Pennsylvania State Police in Carlisle and reported the incidents. Pennsylvania State Police later arrested Defendant for simple assault and harassment and placed in Franklin County Prison. 16. 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 several occasions between July 18, 2001, and August 12, 2001, Defendant stalked Plaintiff in ways including, but not limited to, repeatedly waiting outside her place of employment then following her home, waiting on different roads along the way to Plaintiffs residence then following her, lurking outside her residence, following her to the bank, and repeatedly calling her on the cell _~~~~-~ phone. On or about July 18, 2001, while Plaintiff was getting out of her car, Defendant squeezed and pulled at PlaintifFs arm causing a bruise. When Plaintiff resisted, Defendant grabbed her, choked her, and slammed her onto the ground causing PlaintifFs head to hit the ground. 17. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Pennsylvania State Police Department 18. There is an immediate and present danger of further abuse from the Defendant. 19. FOR THE REASONS SET FORTH AEOVE, 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 children in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. 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 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 children. d. Order the following additional relief, not listed above: Enjoin Defendant from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Order Defendant to refrain from harassing Plaintiff s relatives. Order Defendant to pay the costs of this action, including filing and services fees. Order Defendant to pay $250.00 to reimburse one of MidPenn Legal Services' funding sources toward the cost of litigation in this case. e. Grant such other relief cis the court deems appropriate. £ 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: ~ ~ oan Carey Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 (717)243-9400 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: l~ J~ C~ ~ ~ h-~' "`~~ ~~~ Loretta Lynn Sheriff, Plaintiff i .Q ~M7 ~I C. ..... i . `~ -,. 4 I t --~ ~ ~ 1 ~~ ~' -G C :~ -~: ~~ n~`~ ~~ .~ ,~~_. ~1 ~(~~ V "h Chi O t/` (~ f ~, ~_ ~. " r' z vYh.. ~4: A :~dSG "%r^~m'Yt'=.}J rt' .JSiY~i~~~A3SCN9 ~ OS/17/01 FRI 14:28 FAX 717 240 6573 CU6iB CO PROTHONOTARY f~100] . '+N iN~N:ffi&~ll tN~~'+N BAN*Y ~~~2Nc NHS N~*~Y~~~ :s~~ M[JLTI TN REPORT *xs ffi~~NB~**&~88:N8~*~ac:NYB~~&**S~ TX/R% NO 2760 ' INCOffiPLETE T%/RX TRANSACTION OR [ O179p2490779 PSP [ 0319p2405331 CP [ 04]92438026 LS ERROR OFFICE OF TfiE pR0'['kiGNDTARY CUMBERLAND COUNTY CbUR'iHCUSE CNE O~CfRTHWSE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 F,qx (717) 240-b573 V I A T E L E C 0 P I E R ~; PA STATE POLICE. - `EYf• PROCC.s~. ~ M. ~'. ~.S FAX q: 717-249-0779 • FRCM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: - ~ NO. OF PAGES (I[~Y'LUDING COVER 51iEFF:i') n Ttris a is inffided rnly far the ~.se of the iniivicY.al ~ entity to uttich is is ad• and na,~ aatdin in5aortaticn. tt>3t is p~ivi3ec~d, aonfidett3.~1. aYi e~nat sawn ~;~•I~~, u'd~ ~.pii~bde Iaa. CE a~ c of aus m is not a~ inharda; ceci[air~t, ya, are herby natifis3 tl-at aty ~ninatim, ~;t7~r;F. ~r;m ~ [[prim C£ this oomtnicatir~ is StCiGtJ.y pdu'hilx9. If yW h~ te0ei•.ed t1u5 mnnmu.3'•i~Uti in eritx. ple3ae rct;Fv ~ im~ediately ky t23P~l;rie and cebuYn t[12 ~zicp'nal fI-' W t,s a: :.~,~. Loretta Lynn Sheriff, Plaintiff IN THE COURT OF COMMON :PLEASOF CUMBERLAND COUNTY, ;PENNSYLVANIA v. Ronald Ray Richardson Jr., Defendant No. 01-4864 CIVIL ACTION -LAW PROTECTION FROM ABUSE CONTINUED TEMPORARY ORDER AND NOW, this 23rd Day of August, 2001, pursuant to 23 Pa.C.S. §6107(c), the terms and conditions of the Temporary Order issued on 17th Day of August, 2001, in the above-captioned case are hereby continued in full force and effect . This order is in effect until February 17, 2003. Upon consideration of the attached Motion for Continuance, the matter is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. Distribution To: MidPenn Legal Services Attorneys for Plaintiff Paul Bradford Orr Attorney for Defendant _50 E. High Street Carlisle, PA 17013 Faxed & Mailed to PSP ~'!f~i'dit`Ii~S!~PJ~d ,~l~n~no~; ,-~°,,:~, ~~ry~!n~ ;_ ~„ ~ ,, - ,~_~~. Loretta Lynn Sheriff, : IN THE COURT OF COMMON PLEAS OF Plaintiff v. Ronald Ray Richardson, Jr., Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4864 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Loretta Lynn Sheriff, by and through her attorney, David Lopez, moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: A Temporary Protection From Abuse Order was issued by this Court on August 17, 2001, scheduling a hearing for August 22, 2001, at 3:00 p.m. 2. The Cumberland County Sheriff s Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on August 20, 2001. Defendant has retained Paul Bradford Orr to represent him in the matter. 4. The parties agree, by and through their respective counsel, that the hearing be continued generally pending further Order in this matter to afford them time to execute a consent agreement. 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through February 17, 2003, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through February 17, 2003, or until further Order of Court, whichever comes first. Res ctfully s}ilarnitta .o avid Lopez, Attorn for lain ' MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 ~Q~ s i1i ` y:.-_ ' r ~ ~ _ . i `~_ ` ' J -} ~ - "~ • fl7 (rte ~ C_ U.. e L2 v =/ %J Loretta Lynn Sheriff, Plaintiff IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, : PENNSYLVANIA v. Ronald Ray Richardson 7r., Defendant No: 01-4864 CIVIL ACTION -LAW PROTECTION FROM ABUSE CONTINUED TEMPORARY ORDER AND NOW, this 23rd Day of August, 2001, pursuant to 23 Pa.C.S. §6107(c), the terms and conditions of the Temporary Order issued on 17th Day of August, 2001, in the above-captioned case are hereby continued in full force and effect . This order is in effect until February 17, 2003. Upon consideration of the attached Motion for Continuance, the matter is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. BY THE COURT: Distribution To: MidPenn Legal Services Attorneys for Plaintiff Paul Bradford Orr Attorney for Defendant 50 E. High Stteet -'~ ~~ ~ ~`~'~ ~' ~~~ RECD Carlisle, PA 17013 Dm ?"est. ny whereof I her o set aa~d t eal o'f/said ou~ at C lisle,/ Faxed & Mailed to PSP I'hi. _. _ .2r df - _ _ /Lpl . Loretta Lynn Sheriff, Plaintiff v. Ronald Ray Richardson, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI-4864 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Loretta Lynn Sheriff, by and through her attorney, David Lopez, moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on August 17, 2001, scheduling a hearing for August 22, 2001, at 3:00 p.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on August 20, 2001. 3. Defendant has retained Paul Bradford Orr to represent him in the matter. 4. The parties agree, by and through their respective counsel, that the hearing be continued generally pending further Order in this matter to afford them time to execute a consent agreement. 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through February 17, 2003, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary Protection From Abuse Order remain in effect for a period of 18 months from the date it was entered, through February 17, 2003, or until further Order of Court, whichever comes first. Res tfully s n9itte avid Lopez, Attorn for lain ' Midl'enn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 SHERIFF'S RETURN - REGULAR CASE NO: 2001-04864 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FF LORETTY LYNN VS RICHARDSON RICHARD RAY TREVOR KENT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon RICHARDSON RONALD RAY JR the DEFENDANT at Q013:15 HOURS, on the 20th day of August 2001 at CUMBERLAND COUNTY PRISON 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to RONALD R. RICHARDSON, JR a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMP PFA, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.25 .00 10.00 R. Thomas Kline . 0 0 ~- 31.25 08/20/2001 Sworn and Subscribed to before me this ,~jp ~ day of ~..~,., 'Jtrvl A.D. ~~~.,t,~ a. >~~., o honotary By: ''7 /'-'i~tfv~2 Deputy Sheriff