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HomeMy WebLinkAbout01-05908 SHERIFF'S RETURN - REGULAR CASE NO: 2001-05908 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ~ CLOUSE CALENE MOWERY VS CLOUSE JOHN EDWARD 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 CLOUSE JOHN EDWARD the DEFENDANT , at 1557:00 HOURS, on the 12th day of October ,2001 at 2075 RITNER HWY CARLISLE, PA 17013 by handing to JOHN EDWARD CLOUSE 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 18.00 3.25 .00 10.00 .00 31. 25 So Answers: r~v~~ R. Thomas Kline day of 10/15/2001 LEGAL 'ERV'CE' ~ By: 4M(J/<~ Deputy Sheriff Sworn and Subscribed to before me this 3/-AT (0e..Q". .2.0-0 I A. D . ~ho~t~O;; ,~ ';--''imf,';~,_,t.'T__ "~ ~e, ..~ - '~r ""!"'""~ . . CALENE MOWERY CLOUSE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-5908 CIVIL TERM JOHN EDWARD CLOUSE, Defendant : PROTECTION FROM ABUSE ORDERFORCONT~ANCE 1"-' AND NOW, this 12L day of October, 2001, upon consideration ofthe attached Motion for Continuance, the matter scheduled for hearing on Wednesday, October 17, 2001, at 2:30 p.m. by this Court's Order of October II, 2001, is hereby rescheduled for hearing on Wednesday, November 28, 2001, at 2:30 P.M. in Courtroom No.3 on the 4th Floor of the Cumberland County Courthouse, at 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect for a period of 18 months from the date it was entered, through April 10, 2002, or until further Order of Court, whichever comes first. By the Court, David A. Lopez, Attorney for Plaintiff MidPenn Legal Services . ~:~~:,~~w17013 ~l~ ~\&i~ly GhU00 ~ 25Q~ RichardP. Wagner, AttomeyforDefendant ('(';IlY ~ /D-f~-()I fJI.D Mancke Wagner Hershey & Tully , 2233 North Front Street Harrisburg, PA 17110 '-,,!,, " ,-~ '" ~ ~,,",_m,' '''~';r:~: ,_, _, '-,"I" ., " "', __, 0 , ,,' ~,~ . ~~, ^ ',~,~ -, ^ ,~~,~~UJTI)l.- '}.~,~'~ I~J!jll~l~~\i<~~f.:lrHl)[~~~ ~-I ,u --"'",","" -,<,,-<.-, "'.-"J(if€lT~rl-"}"'~1J--;--'- ~_: ?'~,., 'Tr-ne--: --'f!f~"jl~~il/:T -'---In'''~;e "^~S'\ -J ~"_?c:>-:'-_";;.<<-,,,0'W'...-!!I~:,11j1lJ\1f,!Jii'ff1l!1f:'-';~'"""."'-'-'-'!"1 0 C::i 0 C ~-n :s;: -c:) -0 a:; n -Tj mrr --, 'f':= Z:n ~'~!c:J ZC- co ~~ ~-~J ~f~ ~c ".j:J ~o :~~ ~~(-:;-) =0 xc- ~~n1 :;p.c; Z; ~ =< '" -< OT"";';J1'-"iI!_"E';'-~'0Il'_W:"""'~'.~'!ir~"'li'i11P!f-<;'R!r'WJjj~,\Wi',jjfW~~ff n-lfi( . .~ CALENE MOWERY CLOUSE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-5908 CIVIL TERM JOHN EDWARD CLOUSE, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Calene Mowery Clouse, by and through her attorney, David A. Lopez of Mid Penn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was entered by this Court on October 11, 2001, scheduling a hearing for Wednesday, October 17, 2001, at 2:30 P.M. 2. The Cumberland County Sheriff's Department served Defendant with a certified 'i copy of the Notice of Hearing, and Temporary Protection From Abuse Order and Petition for Protection From Abuse on October 12, 2001, at his place of business, Clouse Trucking, Inc., 2075 Ritner Highway, Carlisle, Cumberland County, P A. 3. Defendant has retained Richard P. Wagner of Mancke Wagner Hershey & Tully to represent him in the matter. 4. The parties agree, by and through their respective counsel, that the hearing be rescheduled. 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 April 10, 2003, or until further Order of Court, whichever comes first. "I \';__''4~ -- '--_'>-,~rc-'_, -V''('''-R'~'-'-"''--'''',-<r-,~-^- -', "1- -~ , ~ '"I "'--1 -F. . ~ I!IT .~" - WHEREFORE, 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 18 months from the date it was entered, through April 10, 2003, or until further Order of Court, whichever comes first. David A. Lopez, Attorney MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 '1"~;,- _" f~__~~_ _'_"_-"__~'A~V''-'-';<-;,~'\''>----".-,~~,',: - --",' ,'-, .-" ~ ~._ ", I ~ ",'_'-",,-- 'f- --.~, ~ .. ~ t ~~",-- "-^-'~, "_""",<J.~,'f~ . ~. "''(1 it -c~,' ~'hC(--('~Yffiff"'luf"~~"'tt'''%f'*r;:[t~';'~~jt1~1~<ii~r~~f~';::i'i,)W6j:jat~ (') c: <t ""U5:...~ rnrr; -7:r Zf-';' (f) ;;:-: r:-S ;:S ~\.,.,j );C) ZC~ >c z ~ 1 ml<f~w.~.~;/M,\'W,'!" !I!P!lWiffi, !'l!'~lIiiM. - ~~~,"J,,.,,,,,::,.~,,;,,~;~J,~,,,__ _ ._ _ or,", ,~_QJJ.lJnaIU~___, ,_;_f"__:'r__ ':-" ,,- _: _,_ c' '.:) n -t C) " "T1 co ---:JlJ] <1~~, f~~~ ;'') ~ ,1 "-i ',.,. ::0 -< --. ::.r.; .r::- o -.l ;';'WL,".;'f.'Il~. 'r' ..~ " ~ Calene Mowery Clouse, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-5908 CIVIL TERM John Edward Clouse, Defendant : PROTECTION FROM ABUSE ORDERFORCONTmDANCE AND NOW\ this ~~y of November, 2001, upon consideration ofthe attached Motion for Continuance, the matter scheduled for hearing on November 28, 2001, at 2:30 p.m., is hereby generally continued. The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. By the Court, David Lopez MidPenn Legal Services Attorney for Plaintiff p~ ~lC-V IlJ-q7J1 Richard Wagner Mancke, Wagner, Hershey & Tully Attorney for Defendant ~ t l J-.tf -i I : ' -' ~.~ ''"1'- ,-- ::~~j~lwli&liiaii~imi~i.\,~K~~;it;W&~~Ll,'1i'~1h":-",,,'x~l:""";"(';n';""':;';!i',m'M::.i~lr'i iiitliY-'J '-""~^'J""'';''''-';.-''"':'_'' !tli"l1!~'~:lit~!;Sjj.ald'.'!l..l.t.-;,c-~", "nr = ~_lJL !liiI1I\E;' 1'1 ~,np 1'\..1 1.:'1\, 3: hq o rL,Li~: - '~LI"vn,,~' ,:,.,,1\ ('{'IU'I',I'I'Y' v 1 'L.>:""I,I._f",i../ ',Jv \j DI ;:"Nt"Vl\It.~il/ I-I-'-l 'vI 8,'/11",,",,\ ~ .. '. dll~.'t\ijm,Ul.l l.I.ITLUjl::LJW~L"~,,,~,"!J.,. .n M'" ""'" l,,,_ ,_"_<~," ,"~-~"~. ~ B'~,,_i . Calene Mowery Clouse, Plaintiff : IN THE COURT OF COMMON PLEASE OF . : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-5908 CIVIL TERM John Edward Clouse, Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Calene Mowery Clouse, by and through her attorney, David Lopez of MidPenn Legal Services, moves the Court for an Order generally continuing the matter in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court of October 11, 2001, scheduling a hearing for October 17, 2001, at 2:30 p.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Notice of Hearing, and Temporary Protection From Abuse Order and Petition for Protection From Abuse on October 12,2001, at his place of business, Clouse Trucking, Inc., 2075 Ritner Highway, Carlisle, Cumberland County, P A. 3. Defendant retained Richard P. Wagner of Mancke, Wagner, Hershey & Tully to represent him in this matter. 4. On October 18, 200 I, the parties agreed to an order continuing the matter until November 28,2001, at 2:30 p.m. to afford the parties time to negotiate a settlement in this case. 5. The parties have reached an agreement and request a continuance to afford the parties time to execute a Consent Agreement. The Plaintiff requests that the Temporary Protection From Abuse Order ~ ,'.~ ,",,; I" . . t"", j"V"~-'-~'-""~'P~'-' - ~ 1 - ~ .. ~. 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 Plaintiffrequests 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, David Lopez Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ;"""'''''''''''''::>'1;'"''1'__ _ "0 -'T-" ,-,"- - - ~I t~ ill911ffl '. ~" _l~~~Q!IJ_,., JaJU ,< ~- ~~" -q~, '''-<'U'"'''''''~'r7P~tntJ~^~'1 'Ht'~T''''i11' --~L If ,-,' '- ..- . ;:E~~' z' -7 &, ~ --;':.: ~B ,- z =< r, , " f_; ., iI xl:r'lllllll!' -~ )- ~'-J ~.D ":.- '} .~~= :.:> '-0 ::.::;ni -~ ::n .'< ,",__.4HJ~I~:~.,4;-4t'i~,.~_ ~- -4,!W_RII AJll!~~~i~~Wl;:iif':1f,"~H"'_1:i~!',",'Y"'''I~'-'''^'''9''i'''11>''''il~~'~~'p_~.lIl1'.I[~!&'JJI:I~,Nl!!~~~ft~!ffllWi!~_~I'J,_ ~~(1TI'~ CALENE MOWERY CLOUSE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01- P;og' CNIL TERM JOHN EDWARD CLOUSE, 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, yqu 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 -1L ~ of October, 2001, at ;Z; 3/J ,-mI., in Courtroom No. ---.2 on the 4th Floor of the Cumberland County Courthouse, 1 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 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. ~.,/')~!'F!'t' -;' "'c_~ '1-;7"'-",_,' >p <j'- ",,,~ -- - I _ 'l ~'" _ ';'"'lltjjtltn~i&}m~!lf.;k~,~~t4-~~'i'.:1J"""'m.j,"'::';',!i:"i"'''-, ';"';';"';':,,,'~k;'~"c,,-,"ibffi"~?j~~'. ';.{; ,,~,-, ,'~ 1,', "",Il.l!IU !1_1lli0_.~ ,. i.., C:':',''f In ,. Ii' ~; .' ,. ,"f' C" _,. ., I~'( JI ;:\!'-\/ I-J!'~:'i'\r('\ 'l'" .. ..J,.. j I . ",.,' \i \\..1;' \'/:.}-Jii\ ",,""" ",..." ~', ""'~".- ,- J::''j''I1\io~~:rbi(' ,:-.<,,~, -'~, c.' Jf]~jji.~i'mh'TI:'-" ,- < -~ ~.irl> ..il CALENE MOWERY CLOUSE, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, v. : PENNSYL VANIA Ii I ,. I. 1'1 , " : Civil Action - Law l;; , j,' I;: ji' JOHN EDWARD CLOUSE, Defendant : No. 01- S9fl'l . : Protection From Abuse j" I, Iii I. I" ,I TEMPORARY PROTECTION FROM ABUSE ORDER i!; i'" Ii' ill I', i:-: ii'- i~ " Ii' i" I! I',; I. I' Ii: i 1:, i.' !j,:! i.,i 11'1 i" 1,1 :>i ;-;1 1;,1 i:-i 1.'1 '.'1 I :<'! Defendant's Name is: JOHN EDWARD CLOUSE Defendant's Date of Birth is: January 18, 1937 Defendant's Social Security Number is: 175-30-2045 Name(s) of All protected persons, including Plaintiff and minor children: 1. CALENE MOWERY CLOUSE '" AND NOW, ontlth Day of October, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1,1 ILl 1'1 1;,.1 ii-! , W'! if::[ 1;;1 iF! Iii Ii 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. !i' 1'",'1 , 1';';,1 II ',I : ~ 11.,1 1;1 l~'I:';';',il,,,,,~~ -~' , C'; '''~':':~'''1,"''~- ,- ., j..~ , . '~"",''''; ""--"~ -,'~~),.'",' -, ,~~ ,~ i I I "! ::,:: ;"i !'~r1;~_,,~ 2. Defendant shall be evicted and excluded from the residence at: 2075 Ritner Highway Carlisle, P A 17013 See paragraph 7 regarding additional relief concerning Defendant's access to his business, Clouse Trucking, Inc., which is attached to the marital residence. or any other permanent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. 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. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs current residence listed above and any other residence which she may establish for herself during the term of this Order. 4. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted: Defendant and Clouse Trucking employees are suspended from further access to the restroom facilities located inside the marital residence at 2075 Ritner Highway, Carlisle, PA, which is attached to the business office of Clouse Trucking, Inc., pending the construction of a wall to separate the facilities from access to the marital residence. Defendant shall continue to have access to only the business office of Clouse Trucking, Inc., which is attached to the marital residence located at 2075 Ritner Highway, Carlisle, P A, and to the truck garage, for the limited purpose of conducting and maintaining his business. Defendant shall refrain from harassing Plaintiffs relatives. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or any property owned solely by Plaintiff. -';,(--". -- ,,,;" '~-, I'" " ^" ' ,,' . ~.. " ,~, n ::1 ~) f'; , I"~: "~~-"""1. '-"!"__./,_," 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYL VANIA STATE POLICE 7. 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. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL APRIL 10, 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 injail. 23 Pa,C.S. g6114. Consent of the Plaintiffto 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. g6113. 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. gg2261- 2262. NOTICETOLAWENFORCEMENTOFNC~S 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 4 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. Ao 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 weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ,~ ~ , ,~, ". , ,7',1""" ,,~ ,_n' Distribution to: David A. Lopez, Attorney for Plaintiff ~ i, ~ fhP l s. MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 or 1-800-822-5288 FAXed and mailed to PSP C- P. {.. J... s . , i''''~'~I''-:., "",~".__F'~._" "',~"~ ,,~ . 'V'"" ", ,"""",'F'''''''"--~ """1~" " iJIftJ1I1- ~ ,~ - ~- PF AD Number: DY1346398K CALENE MOWERY CLOUSE, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, v. : PENNSYLVANIA : Civil Action - Law JOHN EDWARD CLOUSE, Defendant : No. 01- 5901 : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: CALENE MOWERY CLOUSE 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. CALENE MOWERY CLOUSE 4. Plaintiff's Address is: 2075 Ritner Highway, Carlisle, PA 17013 5. Defendant's Name is: JOHN EDWARD CLOUSE 6. Defendant is believed to live at the following address: : '~"'..~-<:' .. -, Ie - ", ""..",~""l", , ,'::", , ,,' ~" . "I' ~.-r','~--'"" -"":""'] ",or ,'" _" ~ " < H'T- lU --< .'., 1 ~r Tn- 2075 Ritner Highway, Carlisle, PA 17013 7. Defendant's Social Security Number is: 175-30-2045 8. Defendant's Date of Birth is: January 18, 1937 9. Defendant's Place of employment is: "" Owner of Clouse Trucking, Inc., 2075 Ritner Highway, Carlisle, P A. Telephone: 717- 249-2418. ';1' <i', i" 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: r" Spouse Parents of the same children ',"; ~~~ 12. The defendant has not been involved in a criminal court action. ;) 13. The facts of the most recent incident of abuse are as follows: On about Sunday, September 30, 2001 ,,", Defendant became agitated with Plaintiff as they left for church. When Defendant stopped the vehicle, Plaintiff got out of the car and refused to get back inside. As Plaintiff began walking back to the parties' residence, Defendant drove his vehicle through a landscaped area following Plaintiff. Defendant struck her leg with the vehicle, bumping heir and causing her to stumble sideways. Plaintiff reported the incident to the Pennsylvania State Police. Plaintiff sustained bruising about her thigh as a result of this incident. ",j ie, 14. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor childlren, (including any threats, injuries, or incidents of stalking) are as follows: l, On or abont September 26, 2001, Defendant argued with Plaintiff, shoved her, slammed her against the door jamb, wrapped his arm around her neck and cll10kedber as he pulled her. Defendant also hurled Plaintiff sideways causing her to hit her head against a counter and fall to the floor. Plaintiff telephoned the Pennsylvania State Police for help, they responded and ~,' '!'>""'i'q~- ,"'-,,". '''''It'-'. , '~ (" - ,~, '7'~ " 1 , ~,,, . . .,~ charged Defendant with harassment. Plaintiff sustained bruising and soreness about her elbow and finger, soreness about her neck, and has had difficulty and discomfort swallowing since this incident. In or about February 2001, Defendant argued with Plaintiff. Defendant punched her with such force that she fell against the toilet dislodging the base from the floor and repeatedly kicked her on the buttocks. Plaintiff sustained bruising and soreness about her back, hips and buttocks as a result of this incident. 1:1 !; -" ii In or about 1999, Defendant grabbed Plaintiff by the hair, pulle<ll her into another room, and repeatedly shoved, punched and kicked her about her body. ,. r In or about 1997 or 1998, Defendant told Plaintiff to come out to his vehide, and when she got inside, he choked her with both hands, shook her violently back and forth, and repeatedly backhanded her with his fist about her body. ~, 15. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: , ,,! lfl :1 "1 , ;,'1 iii PENNSYLVANIA STATE POLICE 16. There is an immediate and present danger of further abuse from the Defendant. 17. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 2075 Ritner Highway, Carlisle, P A. See paragraph 19(h) for additional relief regarding Defendant's access to his business, which is attached to the marital residence. J: , ~'! I I:: 'I 1;1 18. The Defendant owes a duty of support to Plaintiff and/or minor child/ren. 19. 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: ~,!-! \'i i;i a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. :-:-1 '.i ii fi! ;:, b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. " .i I c. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. "'I R,I , i' d. 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 Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody "', ; , ~ ' ,:i i , , :-! ';~,,~~.J!'!'fI", 'r', '.. ", ,~c~ ,- , -l-'~ '", -, -~- ,., -" " -' -'-"-,-"", - " ~, -'?"''''~ ',~,","" and/or visitation with the minor child/ren. e. Prohibit Defendant from having any contact with Plaintiff's 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 child/ren. f. Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren, including medical support . g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the following additional relief, not listed above: Suspend Defendant and Clouse Trucking employees from further access to the restroom facilities located inside the marital residence at 2075 Ritner Highway, Carlisle, P A, which is attached to the business office of Clouse Trucking, Inc., pending the construction of a wall to separate the facilities from access to the marital residence. Defendant shall continue to have access to only the business office of Clouse Trucking, Inc., located at 2075 Ritner Highway, Carlisle, PA, which is attached to the marital residence of the same address, and to the truck garage, for the limited purpose of conducting and maintaining his business. Order Defendant to refrain from harassing Plaintifrs relatives. Enjoin Defendant from damaging or destroying any property jointly owned by the parties or any property owned solely by Plaintiff. 1. Grant such other relief as the court deems appropriate. J. Order the police or other law enforcement agency to serve the Defendant with a copy ofthis 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 b rved,- Respectfully Submitted by: David A. Lopez, Esq. Agency: MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 or 1-800-822-5288 .,", ,,"~A -<<<"1'" v , ~, . "~......~ >) . VERIFICA nON 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 of18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Dated: IP ///)/0/ , _JL; ,~ Calene Mowery Clouse, Plaintiff ,"",'.'L,l^,_~ "'. . .__~,"_ ! ~ ~~ ~'" =L :TIC = . ' 10/11/01 THU 15:24 FAX 717 240 6573 CUMB CO PROTHONOTARY 14J001 *************************** *** MULTI TN .REPORT *** ********i****************** TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2844 01] 9p2490779 03]9p2405331 04]92438026 PSP CP LS ERROR : I , , OFFICE OF 11iE PRan~O\OTM,( CUMBERLAND co:JNTY COUR'IHOJSE ONE CCXJRTHCXJSE &;lUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I ATE LEe 0 PIE R TO: PA STlooTE POLICE - CellI. I'd(Je~s~.. 111. Po J..S . " FAX ": 717-249-0779 f'RQ1 , CURTIS R. LONG RE: "'FA ORDERS MESSAGE : , I -1- 00. O. PAGES (INCLUDING OOVER SfiEETI 1his nr" ':1' is ir,b;.drl ally fir 1m \Be of tte .irdi.v.id.Ial eX" ~ to Iohich is is dli.. ...... a'rl1fElY a:nIL\irI ~. tI'at is p:ivilEg;rl. cmf:iclential .err1 e<e1pl: fron n;...l~ IX'C.t!r: ,,;pI ;'"""'1.. laor. rf 1i13 rreieI; of !his 11 --r is rot: tie inta"lk1 m::ipj.fm, ~ ate ~ rotifia:l tlat a'!f clisElfIn.iret;ia1. d.i$t:rib.Jtjrn cr awirg of this o:mn.n.io3tim .is strictly prlrlbibrl. 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