The URL can be used to link to this page

Home My WebLink About01-05047ROSE PAR14lER, Plaintiff vs. CLARENCE RAY PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-,~_ 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 ~.n~im e~ to .200LAT /~ ~ 3 d f~ .M., IN COURTROOM NO. ~_OF THE CUMBERLAND COUNTY COURTFIOUSE, 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 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 affford 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 v~ i ~,~,,hi J~;d ~!.~1h'?D". ~~ r~~~ ,~ i~ ~~. -3_'~~ , _ ~p~x~exxr+~^ '~ nr,- o- ..~ri .- -..m'r~a~.,,+sse~x 9.,xs at ~' Rose Marie Parker, : IN THE COURT OF COMMON Plaintiff :PLEAS OF :CUMBERLAND COUNTY, :PENNSYLVANIA v. Clarence Ray Parker, : No. Defendant CIVIL ACTION -LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Clarence Ray Parker Defendant's Date of Birth is: February 21,1952 Name(s) of All protected persons, including Plaintiff and minor children: 1. Rose Marie Parker AND NOW, on /Ii~~~ 2f tats 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. A certified copy of this Order shall be provided to the police deparhnent where Plaintiff resides and any other agency specified hereafter: East Pennsborough Police Department 3. 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. 4. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUARY 27, 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 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 Paragraph 1 of this Order, defendant shall be arrested on the charge 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. Judge ~~L9-ol Date Distribution to: MidPenn Legal Services Faxed & Mailed to PSP Cumberland County Sheriff PFAD Number: HN1317589M Rose Marie Parker, Plaintiff IN THE COURT OF COMMON :PLEASOF CUMBERLAND COUNTY, ;PENNSYLVANIA v. Clarence Ray Parker, Defendant :No. N"~'~~ ~~~u CIVIL ACTION -LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Rose Marie Parker 2. I, (the Plaintiffj, am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Rose Marie Parker 4. Plaintiffs Address is :408 Third Street , Apt. B ,West Fairview, PA 17025 5. Defendant's Name is: Clarence Ray Parker 6. Defendant is believed to live at the following address: 408 Third Street , Apt. B ,West Fairview, PA 17025 7. Defendant's Date of Birth is: February 21,1952 ~, 8. Defendant's Place of employment is: unemployed 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. Custody 12. Other details of the court action are: Plaintiff and Defendant entered into a Custody Agreement, January 8, 2001. The Cumberland County Court of Common Pleas entered the Order. Docket# 01-93. 13. The defendant has not been involved in a criminal court action. 14. The facts of the most recent incident of abuse are as follows: On or about August 21, 2001, Defendant screamed at Plaintiff and threatened to push her down the steps. Defendant threatened to break her head open if she did not leave the residence causing Plaintiff to fear for her safety. 15. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: On or about August 19, 2001, Defendant slammed the door and locked Plaintiff out of the residence. When the police arrived after being called by a neighbor, Defendant let Plaintiff back into the residence. On or about August 14, 2001, Defendant punched Plaintiff on the arm causing redness and soreness. Defendant pushed Plaintiff several times, she fell over a chair causing it to break, and landed on the floor. Plaintiff suffered pain in her buttocks and reasonable fear of imminent serious bodily injury. In or about February 2001, Defendant became enraged, pounded a kitchen chair on the floor, and broke a picture frame causing Plaintiff to fear for her safety. In or about October 1998, as Defendant raised his hands to push Plaintiff down several flights of stairs, Plaintiff s sister grabbed Defendant's arm to stop him. Plaintiff suffered fear of imminent serious bodily injury. In the past, Defendant has called Plaintiff vile names on numerous occasions, screamed at her, pushed her, and punched her. Defendant has broken chairs, punched holes in the walls of the residence, and destroyed other personal property. 16. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: East Pennsborough Police Department 17. There is an immediate and present danger of further abuse from the Defendant. 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 and/or minor children in any place where Plaintiff maybe found. b. Order Defendant to pay the costs of this action, including filing and service fees. c. Order the following additional relief, not listed above: -Defendant shall not harass Plaintiffs relatives. -Defendant shall not damage or destroy any property owned jointly by the parties or solely by Plaintiff. - Defendant shall pay $250.00 to one of MidPenn Legal Service's funding sources as reimbursement for litigation in this case. d. Grant such other relief as the court deems appropriate. e. 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. submitted, Date: _~~ Distribution to: IKavid Lopez, Attorney for ~I MID-PENN LEGAL SERVI S 8 Irvine Row Carlisle, PA 17013 (717)243-9400 MIDPENN LEGAL SERVICES Fax and Mail to PSP Cumberland County Sheriff 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: ~ ~a 7 /U ~ Ol C~--e ~'I . Rose Marie Parker, Plaintiff °~' O ~1 `' ~~ Ll Po ~ ~ c c \~ ~ ~~ '~ lj + (~' 1 ~" l~ .~ l> ~'` ~ ~ ~ ; i i ~,~ ~ r ~ _ =.. ~. ~~ ~__ I ' «, „ :, ~. «, 0 0 r, ~ ti ~ ~~ ~ i., b 4 ,~ ~_.._,._...ti ~ ~ ~ ~ ~ -v °p ~' s_ Z p + ~--- 11 A ?~ 08/30/01 TEU 08:51 PA% 717 240 6573 CUMB CO PROTRONOTARY ~ ~ Oo? (: T%/R% NO INCOMPLETE T%/RX TRANSACTION OK ERROR zs:~~8~ss~z~ixtse*az~sa:*~~~*~~ *a~x~ MULTI TN REPORT *R~ 2779 [ 0119p2490779 PSP 0379p2405331 ~ CP [ 04]92438026 LS r OFFICE OF 'CHE PR4'fFiON[rCARX ClA4BERLAND OOUN'1'Y COUR17iIXI5E ONE OJURTHCUSE SQUARE CARLISLE. PA. 17013-3397 (717) Z40-6195 FAX (717) 240-573 V I A T E L E C O P I E R Tp; PA STATE POLICE - 4"CU~~A~ ~~If,'CS1. ~ ~f,Q~,s -p,s,p FAX ~: 717-244-0779 FRrSt: CURTTS R. LONG RE: FFA ORDERS r4ESSAGE: ``./ J~ _ NO. OF PAGES (INCLUDING COVER SF[EET1 'orris is ir~d mly say rte ise of tte irdivd~sl ar e~titY to rhich is is ate. ~ ~` ~. ccntnin irS,fvw~iF,~rn. ~ ]S 1T1'Yl]~jCl, ~lf7Cj9tiC:131 3C~ eG9IpC £[UP A;ar,rta ms ~rrj2C 7E lc3v. rr tl~ xe~ caf this age is rot ds inm,ri~; ~t;~.,,r, you aae t~c~. rvtil:ied flat ay dissEnurti~kia~. rr;ctr~F;rn CC ~1N9 Cf i3~iS arnrnati[a±irn iS sbricrly gdi~i.~d. If y[xt rave ~i~ Uu' _ .rmnnir.3:3cn in t~xxx'. Plate rnri£y ~s im~e.`tiar~ly b,' helepi're si'd cehan tle dal ~'~ d' ,m.„ ~~~~... SHERIFF'S RETURN - REGULAR CASE NO: 2001-05047 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PARKER ROSE VS PARKER CLARENCE RAY BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon PARKER CLARENCE RAY the DEFENDANT at 1100:00 HOURS, on the 31st day of August 2001 at 408 3RD ST APT B WEST FAIRVIEW, PA 17025 CLARENCE RAY PARKER by handing to 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 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this /3 ~ day of n.1 .- o2anl A. D/. a~ /~/~,..~ Q ~ / ~thonotary So Answers: ~~/~,.aE R. Thomas Kline 09/04/20 By: Rose Marie Parker, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA v. Clarence Ray Parker, Defendant No. 01-5047 CIVIL ACTION -LAW PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Clarence Ray Parker Defendant's Date of Birth is: February 21,1952 Name(s) of All protected persons, including Plaintiff and minor children: 1. Rose Marie Parker Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: David Lopez, MidPenn Legal Services AND NOW, this 6th Day of September, 2001 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADNDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. ~~~, , 2. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsborough Police Department 3. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 4. All provisions of this order shall expire on: March 6, 2003 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS 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, shall enforce this order. An arrest for violation of Paragraph 1 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. ebin A. Hess, Judge o•-. C zeo I Date If entered pursuant to the consent of Plaintiff and Defendant: ~rL~ ~ -P" ~'1~atr 'UGEI~ Marie Parker,Plai ' f Clarence Ray Parker, Defendant /^ Pro se David Lopez Attorney for Plaintiff Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Distribution to: -MdPenn Legal Services -Faxed and Mailed to PSP -Clarence Ray Parker ~. nn° o X 5~ r F Q 0 3 r t!~ ~ ~ e n ~ ~ ~ ~ ~, b o D, 11 ,~ 0 s ~?. ~~ fi 0 e' n r j„ J 'F. ~~ "h O t~i3 '.,. ~J l;xi ~ sr~ __ 1~ ~ :i °'O .-. -~ ~ r ~~. _ _ _ .. ' CC, ':J CI -_ ~Si JJ~~'' `~~tl`. ~ .. ~ C+: =~ T ~ ~~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ _ K O ~ .n 09/14/01 FRI 13:31 FA% 717 240 6573 CUMB CO ~jool ~*s MULTI TN REPORT ~~* T%/R% NO 2806 INCOffiPLETE T%/R% TRANSACTION OR [ 0119p2490779 PSP 0319p2405331 CP [ 04]92438026 LS ERROR S OFFICE OF THE PROTHONOTARY CUMBERLAN() Gl7UM1'Y COURTHOUSE ONE OOURTHOUSE SQUARE CARLISLE, PA. 17D13-3387 (717) 240-6195 FAX (717) 24D-6573 V I A T E L E C O P I E R TO: >'A STATE POLICE Ceuf. PRoCeS~, FAX fk: 717-249-D779 FRCM: CURTI$ R. LONG RE: PFA gRDERS MESSAGE: ~_^ N4. C1F PAGES (INCLUDING Cl7~ER SHEET) Ttris is interrtjd mly firs lfie aye ~ tFe iidivi[l~il ar s,ticy m w,idl is is aclcl. and rtey crntain ifdaBOtgtil~rl flit is privilege, ornfickntial 2>nd e~ flyan~r~:~i.a~ lav. rr f1E LeF~leC ~ tfll:a n ]S nOt tlE lnt~C~3'1 z~ipiart, Y~ ~$ •~•,°% fXl~t11=]Ed fit dTj~ Ij.7.~IW19tV71, dis4cieut+rn or ~P/~! ~ tf~is oscmx~iratial is strictLY p~l>;bi.Oe. If 1+[xt lase ~rFxl dus aTmnir.~', im ir, axY,x, l noCify is inned.S~ely by ~ty~ ad rehrcn 13e n~,~ fn ~ a~ iM riw LL ee r .... r -'T+~R11M _