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HomeMy WebLinkAbout99-00893 .~- ....... .- '" Donna J. Martin, Plaintiff :IN THE COURT OF COMMON PLEAS vs. :OF CUMBERLAND COUNTY, PENNSYLVANIA : <;(1' 1. :NO. 99 - 0 .~) CIVIL TERM Harry J. Pines, Jr., 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, 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 for the C{ .m., in Courtroom No.~ of the Cumberland ,-4.f,CA of ,="J,.e. b.--l.t~~1 1999, at ~: <.(S- County Courthouse, Carlisie, 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. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, 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. 52261-2262. 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 HELD. 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 reaeonable 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. 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 residence located at 44 Betty Nelson's Trailer Court, Lot 146, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by Plaintiff and any other residence Plaintiff may establish. !i ~ 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. o 5. Pending the outcome of the final hearing in this matter. plaintiff is awarded temporary custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. o 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ~ 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's 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 Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and 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 to refrain from harassing Plaintiff's relatives and minor child. ~ 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: pennsylania State Police Department o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY ~10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO 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 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 ~nd penalties under the Violence Against Women Act, 18 U.S.C. ~~ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. Plaintiff's home and refused to leave. When Plaintiff called the police, Defendant pointed his finger at her while threatening her saying, "You're going to pay for this," causing Plaintiff to fear for her safety. Defendant got in his car and sped away from the property. Defendant was later cited for defiant trespass. 14. Defendant has committed the following prior acts of abuse against Plaintiff: a. On or about November 24,1998, Plaintiff and her son arrived at their residence to find they were locked out. Defendant, who was intoxicated, came to the door and forcefully punched open the screen door almost hitting Plaintiff, Plaintiff entered the residence and asked Defendant to leave. Defendant stated, "No, I want to make your life miserable." Plaintiff called the police and Defendant's parole officer. Defendant threatened that if anyone interfered between him and Plaintiff, he'd hurt them. Plaintiff's mother arrived at the residence during the incident. Plaintiff's mother entered the residence and asked Defendant to leave. Defendant pulled back his fist in a threatening manner and stated to Plaintiff's mother, "Stay out, you're next in line." Defendant was charged with harassment. b. In or about September 1998, Defendant grabbed Plaintiff around her throat, choked her, and forcefully pushed her into a chair while holding her throat. Defendant left the residence. Plaintiff reported the incident to Defendant's parole officer. c. Within the last year Defendant has pushed and choked Plaintiff on several occasions. Defendant has broken Plaintiff's son's bed in anger and has broken three phones and an answering machine by slamming them to the floor and stomping on them causing Plaintiff to fear for her safety. Defendant has kicked a door open and turned over a kitchen table. Defendant has isolated Plaintiff from her family and has threatened that he would kill anyone who caused him to go back to prison causing her to fear for her life. 15. The following police department in the area in which Plaintiff lives should be provided with a copy of the Protection order: Pennsylvania State Police Department. 16. There is an immediate and present danger of further abuse from the Defendant. 18. Plaintiff is asking the Court order Defendant to stay away from the residence at 44 Betty Nelson's Trailer Court, Lot 146, Carlisle, Pennsylvania, 17013 which is rented by Donna J. Martin. WHEREFORE, PLAINTIFF REQUESTS 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 in any place where Plaintiff may be found. B, Order Defendant to stay away from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons. D. Prohibit Defendant from having any contact with Plaintiff's relatives and minor child. E, Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00, F. Order Defendant to pay $250,00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. G. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plai.ntiff. b. Defendant is to refrain from harassing Plaintiff's relatives and minor child. s V, a- "" G l<> 0., .... (j '" ...; ~ '-::' ~ c:0 1 ~ ~ "R ?r. to "r c;.. \::; ...t. .'-~ \-- G ':.~3. ~~: 0 \.1.1-. (.) ~.;: :;,-; " . iI~5': '.~ ' :'" <, f'") :".J C1\:~; - V:. ,'-- -. ( OJ';; , \.~~...... C . ' /..': ~~u.1 i~'.j u.--,' l:A:' j.:':: ~~. '.'{. t!,~ C!, ::i 0 (/1 U EXCLUDED] or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. D On [Insert date and time], Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. ~3. Defendant is prohibited from having ANY CONTACT with Plaintiff 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 residence located at 44 Betty Nelson Trailer Court Lot 146, Cumberland County, Pennsylvania, and any other residence Plaintiff may establish. ~4. Defendant shall not contact Plaintiff by telephone or by any other means, including third parties. D 5. Custody of the minor children, [names of the children subject to the provision of this paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any] (or see attached Custody Order) D 6, Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following' weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: D 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the jUdge or COurt to which the petition should be preSented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-POcket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR 1,0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. 2.0 This Order is being entered after a hearing of which Defendant received actual notice and had. an opportunity to be heard. 3.0 Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR o The terms of this Order prohibit Defendant from Using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. 18113. THIS ORDER SUPERCEDESI8IANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 14. All provisions of this Order shall expire in one year. NOTICE TO 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 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 MAY BE 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 Plaintiff's 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 of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.c.s. ~61l3. Subsequent to an 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 [insert the appropriate name or title) 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 signed by the Police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. l >- w C~ ..r C. " \.":- !::-.: ~~~:} .',.. - ~ ,.-.., r;;."l} , , .._~ - '-.,: Ll_ , ~f~) \ .~'..j ( ," C'") I.lj1i.: ('..' ..... ;, .-' I C.:: !,' f;~ , i " j,:: ;:::j.2 L;, Lc. () (~) :5 c' 0 rr 0- ---- rfJ -t' (Q ,-p r(, 2J J-! ;J '3) y i. < ' /'/'~ c~' c. c; . .11 , v~ .) ..J ~ (J ~ -r c..... 0_ c~ -f. cJ .: s- ,1/./ U 'l' -,I. (d ---'- I r ,