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HomeMy WebLinkAbout99-00456 JACQUELL A. SNOWDEN-ALEXANDER, Plaintifr : IN TilE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYL VANIA GASTON SNOWDEN, JR., Defendanl : NO. 99- lj f(~ CIVIL TERM : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU IIA VE IJEEN SUED IN COURT. (fyou wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. (fyou fhil 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 Irom your residence and lose other important rights. A HEARING ON THIS MATTER IS SCHEDULED ON THE }W DAY OF 7i-..d0..1.<'~ ,1999, AT ,'/:30 fl.M., IN COURTROOM NO.--LOF THE CUMBERL D COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is modified or terminated by the court aner 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 line of up to $1,000.00 and/or up 10 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. YOII shollld take this paper to YOllr lawyer at once. YOII have the right to have a lawyer represent YOII at the hell ring, The court willllot, however, appoint a lawyer for YOII. If YOII do nqt have a lawyer or callnot afford Olle, go to or telephone the office set forth below to filld Ollt where YOII CIIII get legal help. If YOII cannot find a lawyer, YOII may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUM HER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas ofCumberJand County is required by law to comply with the Americans with Disabilities Act of 1990. For information abollt accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oftice. All arrangements must be made at least 72 hours prior to any hearing or business hefore the court . You must attend the scheduled conference or hearing. JACQUELL A. SNOWDEN-ALEXANDER,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. GASTON SNOWDEN, JR., Defendant : NO. 99- '-/ \-t.- CIVIL TERM : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: GASTON SNOWDEN, JR. Defendant's Date of Birth: 03/23/59 Defendant's Social Security Number:56t-3I-9038 Name of Protected Person: JACQUELL A. SNOWDEN-ALEXANDER, Plaintiff AND NOW, this ZS ~y of January, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: lID I. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. o 2. Defendant is evicted and excluded from the residence at _ or any other permanent or temporary residence where Plaintiff 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. lID 3. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiff's place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 705 Hanover Manor, Apt. 8206, Carlisle, Cumberland County, Pennsylvania, and Plaintiff's place of employment, U.S. Army Garrison Headquarters, Building 420, Forbes Avenue, Carlisle Barracks, Cumberland County, Pennsylvania.. lID 4. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant shall Jlot contact Plaintiff by telephone or by any other means, including through third persons. lID 5. Pending the outcome of the final hearing in this matter: Defendant, who has primary physical custody of the parties' 5-year old child, shall limit his contact with Plaintiff to · Dcfcndanl was convictcd of an unrelated domestic violence assault in Los Angcles, California, in or about 1989-90, for throwing his former wife out of a second story window. Defendant's former wife sustained a broken leg, broken arm, and fractured pelvis as a rcsult of that incident. Defendant served a one year prison sentcnce in Los Angeles County Prison for that conviction. 8. The facts of the most recent incidcnts of abuse are as follows: On or about January 23, 1999, Defendant telephoned Plaintiff's home approximately 7 times and threatened her saying, "[ don't care about a restraining order, and I don't care about a warning letter. I gonna get you and kill you." 9. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about January 14, 1998, Defendant shoved Plaintiff while they waited in a medical facility for their son to receive treatment. When Plainntiff went back to her place of employment after leaving the hospital, Defendant later came to her office saying he was there to see her concerning their son even though he had been warned by Plaintiff's garrison commander not to come to Plaintiff's office unless he had official business. b) On several separate occasions from January 4, 1999, through January 14, 1999, Defendant has come to Plaintiff's place of employment, screamed at her and her supervisor, telephoned Plaintiff at work calling her vile names, and drove by Plaintiff's house on several occasions, parked in the parking lot, watched her residence, and continuously honked the horn causing her to fear for her safety. c) On or about January 3, 1999, as Plaintiff drove into the parking lot of her apartment, she saw Defendant's vehicle. When she got out of her vehicle and approached the apartment building with the parties' 5-year old son, Defendant rushed up to her and tried to talk to her. Alarmed by his presence and aggressive behavior, Plaintiff told him to leave and she went inside with the child. Defendant entered Plaintiff's residence after she had closed the door behind herself, followed her about the apartment, harassed her, and refused to leave. When Plaintiff threatened to telephone the police, Defendant purposely threw himself onto a glass topped table and told Plaintiff he would tell police she pushed him. Defendant then broke two crystal glasses belonging to Plaintiffbefore police arrived. Police cited Defendant with deli ant trespass. The entire incident was viewed by the minor child causing him to cry. d) On or about January 2, 1999, Defendant came to Plaintiff's residence, parked in the parking lot outside her apartment, honked his horn continuously while yelling and screaming obscenities to Plaintiff. Defendant was told to leave the premises by a maintenance worker at Plaintiff's apartment complex. e) On or about October, 1998, Plaintiffsought legal help from Legal Services, Inc. and a letter was mailed to Defendant by regular and certified mail advising him of the legal consequences of abusive behavior (see Exhibit 8, incorporated herein by reference.) t) On or about July 12, 1998, Defendant threatened that he was going to kill Plaintiff causing her to fear for her life. g) In or about June of 1998, Defendant followed Plaintiff as she left work, drove aggressively causing her to pull off of the road to avoid having an accident. Defendant opened the passenger door of Plaintiff' s car, reached across the seat, repeatedly slapped her about the face and head, causing a welt, spit in her face, and pulled her hair causing some to fall out. Plaintiff sustained swelling, redness, and soreness about her face and head as a result of this incident. h) In or about October 1997, Defendant harassed Plaintiff, yanked the necklace off of her neck, shoved her to the floor, straddled her, and punched her several times about her face and head, causing swelling and ringing in her ears that lasted for several days. i) Since approximately October 1997, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, punching, pulling her hair, restraining her, and stalking her by driving by her residence, parking and watching her movements, harassing her by honking his horn outside her residence, yelling and screaming obscenities to her outside her apartment, and telephoning her repeatedly at her residence and at her work place despite being warned by her, her supervisors, and her attorneys not to have contact with Plaintiff. Defendant has also threatened to kill Plaintiff and himself. 10. The following police departments and law enforcement agencies in the area in which Plaintifflives should be provided with a copy of the Protection Order: Carlisle Police Department and U.S. Army Garrison Headquarters Military Police, Carlisle Barracks. ] I. There is an immediate and present danger of further abuse from Defendant. 12. Plaintiff is asking the Court to prohibit the Defendant from being on the premises or entering Plaintiff's residence located at 705 Hanover Manor, Apt. B206, Carlisle, Cumberland County, Pennsylvania, which is rented by Plaintiff. 13. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse described above: see attached Exhibit A, incorporated hereto by reference. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO. THE FOLLOWING: '. , '.',; ~ ~ y, '. " , " ,. 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'",' 1.10' "'""'\ - LEGAL SERVICES, INC. 8 Irvinc Row Carlislc. Pcnnsylvania 17013 (717) 243.9400 Fax (717) 243.8026 West Shorc (717) 766.8475 October 8, 1998 ',uu. "I'M Lut ~nbu,.. "1IIl~lftillnol 17l7)%64.nu 01 S. Wuh....1Oft Jlml Oclt)'lblu.. F'''''')'MnillU2j (711)))4.7611 Gaston A, Snowden, Jr. 705 Stanwix Circle Apartm'3nt F Carlisle, PA 17013 Dear Mr. Snowden: Ms, Jacquell Snowden came to our office to discuss incidents in which she says you physically abused her and threatened to abuse her. She has been advised of the criminal and civil remedies available to her, Ms. Snowden has described incidents in which you have come to her home uninvited. This letter Officially gives you notice that you will be considered a defiant trespasser if you go to her residence again. The penalty for defiant trespass is up to one year imprisonment. You should be aware that the criminal laws apply to acts of violence even when they occur between husband and wife. The penalty for simple assault, which can include "attempts by physical menace to put another in fear of imminent serious bOdily injury" is up to two years imprisonment and a $5,000,00 fine. For harassment (including striking, Shoving, kicking, alarming or seriously annoying a person), the punishment is up to a $300.00 fine and 90 days imprisonment. Harassment by communication is also a crime punishable by up to one year in prison or a $2500 fine, The crime of stalking includes engaging in a course of conduct such as following someone without proper authority intending to cause the person fear of bOdily injury or substantial emotional distress. Stalking is punishable by imprisonment for up to seven years. Ms. Snowden has also been advised of a civil remedy available under the Protection from Abuse Act. Under this Act, she can petition the court to issue a Protection Order. If such an order is entered, it will be placed on file with the police, and if you viol~te the order, you will be taken before the jUdge who issued the order, The jUdge will then decide what punishment is appropriate. \ A person who violates such an order can be imprisoned for up to six months. EXHIBIT B SERVING ADAMS. CUMBERLAND, FRANKLIN AND FULTON COUNTIES . '1lI8 .. o On _ at_.m., Defendant may cnter thc rcsidencc to rctricvc his/her c10lhing and othcr personal ctlects, providcd that Defcndant is in the company of a law cnforccmcnt oflicer whcn such rctricval is madc. lID 3. Exccpt as providcd in Paragraph 5 of this Ordcr, Dcfendant is prohibit cd from having ANY CONTACT with the Plaintiff at any location, including, but not limitcd to, any contact at thc Plaintitl's residence and her placc of employment. Dcfcndant is specilically ordcred to stay away from the following locations for the duration of this Order: PlaintifT's residence: 705 Hanover Manor Apartments, Apt. B206, Carlisle, Cllmberland County, Pennsylvania Plain tifT's place of emplovment: U.S. Army Garrison Headquarters, Forbes Avenlle, Building 420, Carlisle Barracks, Carlisle, Cumberland County, Pennsylvania l&> 4. Except as providcd in Paragraph 5 of this Ordcr, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. l&> 5. Custody of the parties' minor child, Gaston A. Snowden, III, is set out in the Court's Custody Order entered on January 14, 1999, as follows: see attached Exhibit B, Custody Order, incorporated herein by refercnce. o 6. Defendant shall immcdiately turn over to thc Sheriff's Office, or to a local law enforccmcnt agency for dclivery to the Sheriff's Office, the following weapons used or threatened to be used by Dcfendant in an act of abuse against Plaintiff and/or the minor child/ren: o 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to thc sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Tcmporary Order shall not be retumcd until further Order of Court. , l&> 8. The following additional,reJiefis grantcd as authorized by ~6108 of this Act: , This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration datc if the Court linds that Defendant has committcd an act of abusc or has cngagcd in a pattcrn or practice that indicates risk of harm to Plaintiff. The Defendant is enjoincd from damaging or destroying any property owned jointly by thc parties or owned solely by Plaintitl~ The Dcfendant is to refrain from harassing Plaintitl's relatives or the minor child. ..' lID 13. THIS ORDER SUPERCEDES: lID ANY PRIOR PFA ORDER and o ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 129 14. All provisions of this Order shall expirc onc year from the datc (his Order is entered. 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 PENNSYL VANIA 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 ACTION, 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 PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 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 Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation ofParah'faphs I through 7 of this Order may be without warrant, based solely on probable causc, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation ofthe Protection Order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, 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 signcd by the police officcr OR Plaintift~ Plaintitl's presence and signature are not required to file the complaint.