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HomeMy WebLinkAbout99-01393 PATRICIA MARIE HOWER, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs, : CUMRERLANDCOUNTY, PENNSYLVANIA : NO, 99- I.3P3 CIVIL TERM DANIEL GARBER, 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 panicular, you may be evicted from your residence and lose other important rights. A HEARlN ON THIS MATTER IS SCHEDULED ON THE /70(, DAY OF MARCH, 1999, AT , , .M., IN COURTROOM NO.l OFTHE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PE NSYLVANIA. You MUST obey the Order that is attached until it is modified or tenninated 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 injaiJ under 23 Pa.C,S. ~61 14, 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 infonnation 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. [g) 9, THIS ORDER SUPERSEDES [g) ANY PRIOR PF A ORDER and o ANY PRIOR ORDER RELATING TO CIIII.I> CUSTODY THIS ORDER APPLIES IMMEDJA TEL Y 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 the Plaintill'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 himlher 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. 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, NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any locations where a violation ofthis order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 6 ofthis Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An 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 oflaw 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 weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. , . Joan Carey LEGAL SERVICES, INC. Attorney for Plaintill' . Judge false allegations against Plaintilrs father, and threatened to have her father arrested Plaintin's father told Defendant not to telephone their residence again und reported the incident to police. Plaintilrs parents fear for her safety if Defendant finds her. b) Since approximately January I. 1999, after PlaintilTleft Defendant, he has allempted to find out where she lives by repeatedly making harassing telephone calls to: Plaintilrs parents about whom he makes false accusations and whom he threatens to have arrested; Plaintilrs sister-in-law; the pastor of Plaintilrs church whom Defendant accuses of operating a cult and kidnaping PlaintilT; members of Plaintilrs church congregation; Plaintilrs personal physician, and the police. c) On or about December 31, 1998, upon returning to town and finding that PlaintilT had moved out of her apartment, Defendant telephoned Plaintilrs parents' residence several times leaving messages on their answering machine demanding to know where Plaintiff was, and threatening to come to their home with the police and have them arrested if they did not tell him where she could be found, and that PlaintilThad beller contact him by the following day, Fearing for Plaintiffs safety, her parents reported Defendant's telephone calls to the police. On or about this same date, after returning to Plaintiffs apartment, finding it locked and his possessions in the hallway, Defendant forced his way into the locked apartment and remained there for several days. Although Plaintiff had vacated the apartment and locked it, Defendant, who was aware that as the leaseholder, Plaintiff was still responsible for the premises, maliciously caused damage ami destruction to the premises by throwing grease on the walls, leaving trash and clothing about, and breaking a window. See attached Exhibit B, incorporated herein by reference. d) On or about December 28, 1998, while Defendant was out of town, Plaintiff's family and friends helped her move out of her apartment to a location unknown to Defendant for her safety and to avoid further abuse from him, e) On or about December 23, 1998, Plaintiff's mother met with her at Plaintiff's place of employment in order to visit with her for a brief period and to give her Christmas presents from family members because Defendant forbade Plaintiff from having any contact with her family or friends. When Plaintiff went home from work that night, she allempted to hide the gifts she received from her family, but Defendant saw the gifts, became angry, yelled and screamed at her, and punched a hole in the bathroom wall. See allached Exhibit B, incorporated herein by reference. Plaintiff feared for her safety. f) On or about Novcmbcr 26. 1998 (Thanksgiving Day), I>cfcndant yclled and scrcamcd at Plaintiff, and drcw back his arm in a threatcning manncr causing Plaintiff to fcar hc was going to hit hcr g) In or about summcr 1998, Dcfcndant punched Plaintiffscvcreltimcs about her chcst. Plaintiff sustained bruising and sorcncss about hcr chcst as a rcsult of this incidcnt. h) In or about 1998, Dcfcndant got a butchcr knifc from thc kitchcn, wcnt into PJaintill's bedroom, threatcncd to kill hcr with it, and cut hcr arm with thc knife. Plaintiffsustaincd a laceration on her arm as a rcsult of this incident. i ) Sincc approximately 1997, Dcfendant has abuscd Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, and punching her, and throwing and breaking houschold objects such as family china belonging to Plaintiff and scveral telephones. Dcfendant restrained Plaintiff from Icaving, controlled hcr by not allowing her to have contact with her family or friends, forbadc her from wearing her favorite clothing such as sweat suits, intimidated hcr by yelling and screaming at her, and threatened her with physical violence by drawing back his fist causing her to fear he was going to hit her, Dcfendant repeatedly threatened to kill Plaintiff, threatened to kill her while holding a knife on scveral occasions, and specifically threatened to hunt her down and kill her if she ever left him. In addition, Defendant threatened several times to kill Plaintill's cat, which he kncw to be dear to her. Defcndant harasscd Plaintill's family mcmbcrs, the pastor of her church, and members of her church, by telephoning them repeatcdly trying to find Plaintiff, and has even telephoned police officers to try to find out where she is living, Plaintiff fears that Dcfendant intends to harm her ifhe finds her. 8, The following policc dcpartments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Ordcr: Mechanicsburg, East Pennsboro Township, and Camp Hill Police Departments. 9, There is an immediate and present danger offurthcr abuse from Defendant. 10. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse described above: see attached Exhibit B, 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: A. Rcstrain Dcfcndant from abusing, thrcatcning, harassing. or stalking Plaintiff in any placc whcrc Plaintiff may be found. D. Prohibit Dcfcndant from having any contact with Plaintiffs relatives, B. Excludc Dcfcndant from Plaintiffs rcsidcncc and prohibit Dcfcndant from attcmpting to cntcr any tcmporary or pcnnancnl rcsidcnce of thc Plaintiff. C. Prohibit Dcfcndant from having any contact with Plaintiffcither in person, by telephone, or in writing, pcrsonally or through third persons, including. but not limited to, any contact at Plaintitl's place of employmcnt. E, Direct Dcfendant to pay Plaintiff for the rca50nable financial losses suffered as a rcsult of the abusc, to be dctcnnined at the hearing, F. Order Defendant to pay thc costs of this action, including filing and service fees. G. Order Defendant to rcimbursc Cumberland County, a Legal Services funding sourcc, $250,00 for thc value ofthc lcgal scrviccs provided to Plaintiff for the cost oflitigating this case if thc case gocs to hcaring. H. Order the following additional rclief, not listed above: The Defendant is cnjoined from damaging or destroying any property owned by Plaintiff. The Defendant is to refrain from harassing Plaintiff's relatives, I. Grant such other relief as the court dcems appropriate. J. Order the police or other law cnforcemcnt agency to serve Defendant with a copy of this Petition, any Ordcr issued, and the Order for Hearing, The Petitioner will infonn the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Date: j-7-1/ Respectfully submitted, :~o~n Carey, Attorney for aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 QooQoo .... ... ~ .......- .. .. . -.:::. , 1 fl - " IY\ I') '..-\ '" ~ .. ~ . . ~ '~ -4: " ~l €) -~" ... '"~ i ~ . i .. J t' " . . ~ ( . .. ,':' c , r, I:: L I ,. C' 'J [J On _ al_,m.. Defendant may enterlhe residence to retrieve hislher clothing and other personal effects, provided thai Defendant isinthe company ofa law enforcement officer when such relrieval is made. liD 3, Defendanl is prohibiled from having ANY CONTACTwilh Ihe Plalnliffalany localion, induding, bUI nOllimiled to, any conlaelallhe Plaintirrs current residence or at any resldenceshe may eslablish for herselfin Ihe fulure or at her place of employ men I. wherever that may be. Defendanl is specirically ordered to stay away from the following loralions for the duration of this Order: Plain lilT's residence: Undisclosed localion for her proleelion. Plaintirrs emDlovmenl: The Heallhy Grocer, 3800 Trindle Road, Mechanicsburg, Cumberland Counly, Pennsylvania. l8> 4. Defendanl shall not contacllhe PlaintilT by telephone or by any olher means, induding third parties. [J 5. Custody of the minor children, shall be as follows: (or see auached Custody Order) [J 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local Jaw enforcement agency for delivery to the Sheriffs 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: _ o 7, Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration ofthis Order, Any weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not beretumed until further Order of Court. l8> 8. The following additional relief is granted as authorized by ~61 08 of this Art: Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/or address, telephone number, or any other demographic information about Plain tilT, except by further Order of Court. 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 an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. The Defendanl is enjoined from damaging or destroying any property owned by Plaintiff. The Defendanl is to refrain from harassing PlaintilT's relalives. o 9. I)efendant isdireetedto pay temporary support for _as follows _ This Order for support ~hall remain in effect until a final support ordcr is cntcrcd hy this Court Ilowcver. this Order shall lapse: automatically ifPlainliffdoes notlile a complaint for support with the Coun within fifteen (I S) daYI "flhe date of this Order. Thc amount ofthi~ h:lllporury order docs not necessarily reneet Dcfendant's C()frect support obligation. which shall be delenmincd in accordancc with lhe guidelincs at the support hcaring. Any adjustmcnts in thc final amount ofsuppon shall be credited. retroactive 10 this datc, 10 the approprialc party. o 10, The cosls of this action arc waived as to l'laintiff and imposed on Defcndant. 00 II. Defendant shall pay 51.039.00 directly to Omni Property Management for damages he caused to the apartment located at 12 South Filbert Street. Apt. 2A, Mech.nicsburg, Cumberland County. Pennsylvania, which was leased to PI.lntiff through Janu.ry 31. 1999. as compensation for P1aintifl's out-of-pocket losses including, but not limited to. patch and paint (5485.00), general cleaning (5115.00), damages (5279.00), trash removal (5115.00), and bathroom Door (545.00), as set forth in Exhibit A, incorporated herein by reference. Defendant shall satisfy this obligation by making monthly installment payments of $86.58 directly to Omni Property Management, due on the I S'" day of each month for a period of 12 months from the entry of this Order. Payments are to be made in the fonn of a check or money order made payable to Omni Property Management (717) 657-5833, and mailed to 160 South Progress Avenue, Suite J-A, Harrisburg, PA 17109. Defendant's lint payment shall be due April 15, 1999. o Plaintiff is granted leave to present a petition. with appropriate notice to Defendant. to _ requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills end 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 o I. The Plaintiff or protected person/s is a spouse. formcr spouse. a person who cohabitates or has cohabited with Dcfendant, a parent of a common child. a child of that person. or a child of Defendant. o 2, This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. o 3. Paragraph I of this Order has been checked to restrain Defendant from harassing. stalking. or threatening Plaintiff or protected person/s. o 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected personls 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. lB> 13. THIS ORDER SUPERCEDES: lB> ANY PRIOR PJo'A ORDER o ANY PRIOR ORDER RELATING TO CHILD CUSTODY. lB> 14. All provuions of this Order shall expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MA Y 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. ~61 14, 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, IFPARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENAL TIES 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 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. ~61 13, 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 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. . ONN I PROPER"Y HANA13EMENT 160 SOUTH PROGRESS AVENUE, SUITE 3-A HARRISBURG, PA 17109 (717) 6S7 - '833 . . SECURITY DEPOSIT DISPOSITION Hower, P.t..ieia 12 S. rilbR..t St..e.t, Apt A2 H~ehaniesbu"9, PA 17055 D.... Ms. HOWllr JANUARY ~a, 1999 rt:}J~~ Ple.s~ bll advised that you.. deposit has b.en appli.d .S followsl ( ) R~fundlld in full ( ) Refunded in p...t (X) Forfeited in full If it wa. necessary to ...t.in all 0" pa..t of your deposit, it was for the following ..e..onsl ( ) L~ase broken ( ) Insufficient notice (X) Unpaid ..ent and late charges ( ) Shampoo ea..pet (X) Patch and paint (X) General cleaning (X) Damages-towel bar,kitchen cabinet door missing, light bUlbS, window blindS, window glass and ..spai.. door, tub knob (X) Trash removal (X) Replace bath..oom floor (X) Locks changed because keys not turned in (X) Clean appliances TOTAL CHARGES SECURITY DEPOSIT TOTAL DUE YOU TOTAL DUE US . $ . 415.00 $ $ 485.00 $ 115.00 $ 27'3.00 $ 115.00 $ 45.00 $ 50.00 $ 75.00 $157'3.00 $ 4('5.00 $ $1174.00 If a balance is due us it must be received by February 15, 1999 or we will take legal actiOn to collect this amount plus costs. Sincerely OMN! PROPERTY MANAGEMENT EXHIBIT A TOTAL P.D.!