Loading...
HomeMy WebLinkAbout99-02113 ; L ~ :~; -~:' :. ..'~;;::-: ~ . 1;:< ' ::;:,-'. ' ,-", ' ;t ,:",'-t, . ~ .\l ,- ",';:.r .'-.;,. .-- .. "::,:-.,i' .- CJ :2 - '1 . 0- 0- ,'. Aln't/CIII 1..... pw~"1, Pla1ntit IN THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY, PENNSYLVANIA v. D,4vlo f. I..iJ I/q Defendant"" NO. 19tf- (J.Jj! -CIVIL ~ :'1 :.:~:",:,,: ~ ,", ":).. -.. _,111_": ~ . <~~;~ :..J . .. . I. I "j'. a- - -- '~;;;,~j .:..~.:".J: _...)0,. :<Ul...~ ~, w :J- r- I' NOTICE 0.. HEARXNa AND ORDER :l> ~ '. . -. . .. ~ . I :.;,; -< YOU HAVE BEEN SUED IN COURT. w 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 without 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 matte.r is scheduled for :::{,.1 d 0 ~ the IlDl:/.. day of ti"j1.A' I , , 19~, at j:IJtJ o'clock, .i..H., in Courtroom No. ,j, of the Armstrong County Courthouse, Kittanning, 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. S 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under Federal Law, 18 U.S.C. S 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 Violonce Against Women Act, 18 U.S.C. 5S 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. PROTHONOTARY'S OFFICE OR First Floor, Room 103 ARMSTRONG COUNTY COURTHOUSE KITTANNING, PA 16201 TELEPHONE (724) 543-2500 Extension 252 LAUREL LEGAL SERVICES, INC 206 SOUTH WATER STREET KITTANNING, PA 16201 TELEPHONE: (724) 548-7674 BY THE COURT, ~)~J' 3. Except tor such contact with the minor child/ren as may be permitted under Paragraph 5 ot this Order. Defendant is prohibited from having ANY CONTACT with Plaintitf at any location. including but not limited to any contact at Plaintift's school, business, or place of employment. Detendant is specifically ordered to stay away from the following locations for the duration of this Order: 4. Except for such contact with the minor child/ren as may be~ermitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means. including through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the followin.9": 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 the Plaintiff in accordance with the terms of this Order. 6. Defendant shall immediately relinquish the following weapons to the Sheriff of Armstrong County: " /" . / ---- "/ Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. 7. The Sheriff of Armstrong County or a Pennsylvania State Constable shall: ~~serve the Defendant with a copy of this Petition and Order. [ ] lO" . 7= tll~I!L ii1R~ Iii _~' I U "M _ _e.: 8. The (,11a.t1n/ryllHl1lufd/~, (l4t1i41" &u,tJEJ,'fjbPolice Department and the Pennsylvania State Police Department are directed to enforce this Order of Court pending final hearing, and this Order shall remain in full force and effect for the duration of any continuances which may be granted. 9. The filing and service fees in this matter are waived pending final hearing in this matter. 10. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER AND ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 11. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICB TO THB DEPENDANT Detendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a tine of up to $1,000.00 andlor up to six months in jail. 23 Pa.C.S. 5 6114. Consent ot the Plaintitt to Detendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers tor that purpos.. 23 PA.C.S. S 6133. Detendant is turther 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. SS 2261-2262. NOTICE TO LAW ENFORCEMENT OPPICIALS This Order shall be enforced by the police who have jurisdiction over the Plaintiff's residence OR any location where a violation of this Order occurs OR where the Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this 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 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 Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weaponsls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, VlfDU~J AI/t/IOLII /... 73111i'l~t.'t- PLAINTIFF IN THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY, PENNSYLVANIA v. ()t.lfIIJ ,J. LfE. D~NDANT NO. 199_ -CIVIL PBTITION POR PROTBCTION FROM ABUSE 1. Plaintiff's name is: Ai/MeLli /... ~~e't- 2. I am filing this Petition on behalf of ~Myself and/or [ JAnother person. If you checked "myself,. please answer all questions referring to yourself as "Plaintiff." If you checked "another person,. please answer all questions referring to that person as the nPlaintiff, and provide your address here, unless confidential. If you checked "another person," indicate your relationship with Plaintiff: [ ]parent of minor P1aintiff(s) [ ]applicant for appointment as guardian ad litem of minor P1aintiff(s) [ ]Adult household member with minor Plaintiff(s) [ ]Court appointed guardian of incompetent Plaintiff(s) 3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: ~~fhL4 L.13~~ 4. [ J Plaintiff's address is confidential 07. [)('J Plaintiff I s address is: 701 ..70hnsfrJ" t!J!..t ~ 21 oidlannj (1 ; lC,zo/ 5. Defendant is believed to live at the following address: &t ~. LallI-Me... ~. tJ,4l/IS/e.. fp /1o/~ Defendant I s Social Security NUll1.ber is: ! tic:' - t/tJ -7;;. tf / Defendant I s date of birth is: 7/ f /15 / Defendant I s place of employment is: ---fiA(.IUhhu:J 01J.' {, R./rrI ? ( 1 Check here if Defendant is 17 years old or younger. 6. Indicate the relationship bdtween Plaintiff and Defendant. ( 1 Spouse [ lCurrent or former intimate partner [ lOther Relationship by blood or marriage D\l Ex-spouse [ lPersons who live or have lived like spouses ( 1 Parent/Child [ lParents of the same children [ 1 Brother/ Sister 7. Have Plaintiff and Defendant been involved in any of the following Court actions? CXl Divorce [Xl Custody (.l;l Support ( 1 Protection from Abuse If you checked anyone of the above, briefly indicate when and where the case was filed and the court number, if known: IIMf" A &t~fiA.t 0/ fJ?rE I'htne(!. 4 D. NUi!.. I.cr:y' - &.tmkul1rlc/ Cbu.nty a.Has the Defendant been involved in any criminal Court action? its If you answered Yes, is the Defendant currently on probation? Ato 9.Plaintiff and Defendant are the parents of the following minor child/ren: Name(s) Age(s) (7 /5 Who resides at address (unless confidential) &g c. /-oufhl! 61. f.att/ISIt..;3 170/~ 101/ hn/lku llve:II 2, M/hJ.HI1/ ~ 16~/ e. 11, ~ 1101). 10. If Plaintiff and Defendant are parents of any minor child/ren together is there an existing Court Order regarding their custody? V t> If you answered Yes, describe the terms of the Order (e,g., primary, shared legal and/or physical custody) : . !idL &i 1ft. aHadtf?c/ 1Mt.l11lll{. t f r t 1 l r I t ! ! I 12. The facts of the most recent incident of abuse are as follows: Approximate Date: :;I3,14Q Approximate time Id' I?ptrl. . I Place: IJlUlI nltll Cumblllllm{ ell1w.(~ I!t.UtJ f/~us{. Describe in detail what happened, including any physical or sexual abuse, threats, harassment, injury, incidents of stalking, medical treatment sought and/or calls to law enforcement (attach additional sheets of paper if necessary): I am asking the Court for a Protection From Abuse from David Perry Long (my former husband). The reasons are as follows: 1. On March 31,1999, in Cumberland County and after a court hearing. Mr. Long was enraged because he was ordered restricted, limited, and supervised visits with my son, D. Tyler Long. of whom I have full custody. Mr. Long was obsessed by intentionally seeking where I parked my car in Carlisle instead of going to his residence. As I approached my car, Mr. Long assaulted me and vicariously forced his body in front of mine to prevent me from going to my car. I tied out of rear in the opposite direction between two cars into the streets to get away from him. 2. On the evening of March 12, 1999 at approximately 6:30 p.m., Mr. Long kept driving around my home. When I talked to Mr. Long the next day, he admitted he was stalking my home. r tiled a report with the Kittanning Borough Police, but nothing could be done since I do not have a PFA I feel insecure, unsafe and in danger of bodily harm from Mr. Long. This is not the first time similar incidents have occurred. Over 13 years, Mr. Long insists on physical, emotional and verbal abuse. When I was married to Mr. Long. he physically and verbally abused me. After our separation, his actions didn't stop. His intimidation and anger toward me is extremely intense and has never ceased. He has previously stalked me and continues to verbally abuse me. Within the next few weeks. Mr. Long also faces criminal hearings which adds to his unpredictable, vicious behavior. I feel extremely threatened, insecure, unsafe and intimidated. In other words, I fear him because of his anger. I request the court to grant me this order in hopes that Mr. Long will back off and leave me alone. J~~~ 17 c? /qj I rI/lP/qq 15. Identify the police department or law enforcement agency in the area in which Plaintiff lives that should be provided with a copy of the protection order: .K,flul'ln'/I1) ~nRJlui Pllll) fA ?Jnfl. kt~ 16. There is an immediate and present danger of further abuse from the Defendant. CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION ~aintiff is asking the court t_ _.let and exclude the Defendant from the followi~~ residence: 70 I rfhn#tM -!Nf 11 2J cklfltlnJ_f4 I'~D I [vr owned by (list owners, if known) : AIIRYlInv M.,MOf- [~rented by (list all names, if known) : Allef/OLA /.... 7)tW~seL ] D,;,fena~:.~, ~"'9" " ~"~Y of support to P~aintiff and/or the trauvr (,,;!u.i:Jl-ren [ ] ,F~i~r ~cl.~ :U-f~~~~d :~~-7~-~ocke: T;~,~;;~a!l. a 0 11 '-4 n,... e 3.se c:::. e-J..osses-are.:... 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 (CHECK ALL FORMS OF RELIEF REQUESTED) : [~Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/~r miRor chila/r9~ in any place where Plaintiff may be found. [~ ~ 1 ~/exclude'Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. ( ) C. AY/ard D' AL~I I '1: temporary custody of the minor child/ren andpl~he fOllowing res~ti~ns on contact between Defendant and child/ren: ( D. Prohibit Defendant from having any contact with Plaintiff and/or miRe~ child/~cu, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. (~ Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's 31.il~~en listed in this Petition, except as the court 1!@y find n""'';'liil:lry "'ith-4:&apect-.to part;!:IIl ....ycLvd} gUd/UL v.i.si-tation-w-i:Ch-the-minor-ehiJ..dtr-en. (]F. Order Defendant t Sheriff of Armstrong Co nty transferring, acquiring duration of the Order. rily turn over weapons to the prohibit Defendant from . g any such weapons for the (]G. Order Defendant to ay tem rary support for Plaintiff and/or the minor childVren, ~ . edical support and payment of the rent or mortgage e residence. (]H. Direct Defendant~aintiff for the reasonable financial losses suffered ~ result of the abuse, to be dete~d at the heari g. (~ Order Defendant to pay the costs of this ~ction, including filing and service fees. ('ilf:~t such other relief as the Court deems appropriate. (~ Order the Sheriff of Armstrong County 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 Defendant's residence, where Defendant can be served. VERIlPICA'1'ION I verify that I am the Petitioner as designated in the pressnt 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. S 4904, relating to unsworn falsification to authorities. ~~ aflld (PI Iqqq Date - (' I f/O))('}[1f1rf (1[.' fro/b. j\ qq - ;;}1I3 PBNNSYLVANIA IN THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY. NICHOLA L. BAUSSER, 3 '" ?; ::a N N ,,:;< -;; ;;) '. .., "T'!.... .:s~::: . .,.... . .:~'1 No. 1999 - 0388 - clvTl Plaintiff '''4 vs. DAVID P. LONG, . :i;~',' 1) "~:r.:- :.. ~V;:r.i: ~ .., c C ~ W ; I":""': '''':=i :;0 -< Defendant ~ AND NOW, this ~~ day of April, 1999, af~er hearing upon Petition for Protection from Abuse, Plaintiff having failed to carry her burden of proof that she was the victim of abuse as the same is defined by law, it is hereby ORDERED, ADJUDGED and DECREED that the said Petition for Protection from Abuse be dismissed. BY THE COURT, v-IJ//J~ 9\eme o.cld .) c ,) . '\-u eel PFA l\e61'~ Oe, sE:. \CCII)S\U I- yoU lhe,')/-- I (ne liSSC' UIEREBY CERTIFY THAT THE FOREGOING 16 A TRUE AND COf<RECT COPY OF ()rei c ,- >- .... E:; ~ U) a.. ;'3 w~ 8~ '-'f;: :lC ;j: r-l: { "'" C}~ f~l== ~C 0'\ :?~ ,.. N .J :t~~ :ti~ EE~.' 0::: a.. Q r-~ c u. en :5 0 en (.)