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HomeMy WebLinkAbout99-02206 ." .~ .C'l .. ' . ",-.. ;~ .,'-J~ .f:...,,~~ ..,......:.. ."" ~f~:?', C' , .. - C .It - 99 . ....~, f .' ~~ .: \ ~ .' 'J I: ..' .' . cu~:,. .J F.:.'",', .:'~ .'. ., , Mandi L, Chenoweth, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA vs, Brian J, Harris, :NO. 99 - J;;l0lf> CIVIl, TERM Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wiah to defend againet the claima aet forth in the fOllowing papers, you muat appear at the hearing acheduled herein, If you fail to do ao, the caae may proceed againat you and a FINAL Order may be enterod againat you granting the relief requeated in the Petition. In perticular, you may be evictad from your reaidenca and loae other important righta. /r. hearip.g on this matter is scheduled for the ;;(j lilt day of i J.j I', '{ .i' ' ,1999, at ,i: ('I" ,) m" in Courtroom NO.-i:!--of the Cumber and County Courthouse, Cariisle, 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 aubject you to a charge of indirect criminal contempt which is puniahable 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 Ol~, 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. ~4. Defendant shall not oontact Plaintiff by talephone 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 grantedl 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 solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's , , . , ! relatives, ~8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter I Silver Springs Police Department o 9. THIS ORDER SUPERSEDES 0 ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELATING TO CHILD CUSTODY ~lO, THIS ORDBR APPLIBS IHKBDIATBLY TO DBFBNDANT AND SHALL REMAIN IN BFFBCT UNTIL MODIFIED OR TBRMINATBD BY THIS COURT AFTBR NOTICB AND HEARING. NOTICB TO DBFBNDANT 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. 56114. 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. 56113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under tho Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U,S,C. 55 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 Plaintiff's residence OR any locations where a violation of this order occurs OR where 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 Mandi L, Chenoweth, : IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs, :NO, 99 - dd.O(P CIVIL TERM Brian J, Harris, Defendant :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1, Plaintiff's name is Mandi L. Chenoweth. 2. The name of the person who seeks protection from abuse is Mandi Chenoweth, 3, Plaintiff's address is 7073 Carlisle Pike, Lot 117, Carlisle, Pennsylvania, 17013. 4. Defendant's address is 7073 Carlisle Pike, Lot 117, Carlisle, Pennsylvania, 17013. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is 2/5/78, Defendant is currently unemployed, 5, Defendant is Plaintiff's former intimate partner. 6. The facts of the most recent incident of abuse are as follows: On or about April 6,1999, Defendant walked up behind Plaintiff, grabbed her shirt, and forcefully pulled it back ripping the sleeve and choking the Plaintiff causing her to have difficulty breathing and to fall to her knees. Defendant pulled back his fist in a threatening manner exacerbating Plaintiff's fear. 7. Defendant has committed the following prior acts of abuse against Plaintiff: a, In or about the end of February 1999, Defendant became angry during dinner, picked up a glass compote and threw it at Plaintiff hitting the wall behind her causing glass to shatter everywhere, Defendant left the dinner table in a rage, pushed over the computer desk, and threw a bowl of spaghetti sauce at Plaintiff causing it to hit the wall behind her, Defendant came up behind Plaintiff as she knelt down to clean up the destruction he had caused, and he grabbed her around the throat, As Plaintiff turned around in an attempt to get up, Defendant lunged toward her causing her head to hit the floor, Defendant grabbed the front of Plaintiff's shirt, put his arm around the back of her head, dropped her head onto the floor, and then lifted her off of the floor causing the Plaintiff to suffer injuries including headaches for three days, b, In or about the middle of December 1998, Defendant became angry, grabbed Plaintiff's shirt, forcefully pulled her off of the couch where she was standing, and let go of her shirt causing her to fall backwards and hit her head on a cedar chest, Plaintiff went upstairs to pack, and when she went back downstairs, Defendant came up behind her and pushed her causing her to fall forward. Plaintiff grabbed the railing to stop herself from falling down the flight of stairs. Defendant stood in front of the door and did not allow Plaintiff to leave the residence. Defendant followed Plaintiff to the kitchen where he threw a can of food at her and forcefully hit her on the back with a frying pan causing her to fall into the refrigerator. Plaintiff suffered injuries including scratches across her forehead, a brush burn on top of her head, a sore back and head, and a scratch on her arm, c. On several occasions since June 1996, Defendant has abused Plaintiff in ways including the following: punched Plaintiff in the body, head, chest, and face; pushed her into things, threw things at her, pulled her hair and isolated her by keeping her in her room and in the residence, 8. The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Silver Springs Police Department, 9, There is an immediate and present danger of further abuse from the Defendant. 10, Plaintiff is asking the Court to evict and exclude Defendant from the residence at 7073 Carlisle Pike, Lot 117, Carlisle, pennsylvania, 17013 which is owned by Plaintiff, 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 and in any place where Plaintiff may be found, B, Evict and exclude Defendant 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, including, but not limited to any contact at Plaintiff's place of employment, D. Prohibit Defendant from having any contact with Plaintiff's relatives, 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 Plaintiff. b. Defendant is to refrain from harassing Plaintiff's relatives. H, Grant such other relief as the court deems appropriate, Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the ....,. _.- ~ Order for Hearing, Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served, Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, Dated: /1/;3/19 / I I ;;~iZI~~ / ~an carey ~ Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 j q -5:. '- ,. .:! t'-; -. ~ '" .., - r~. .0 I .. ~ tJ,.... Co.:.; < ,. 1:.5 I). (:.1 .'. 9 if). "~'I . r' ,', j E~~:...: '.') . .r~ ~ -P ..-' . ,', " U l' ,. .] i~ C.:' r ~ L : ';'J 1J.. ., ,; ! ~ l. - 0 c:r. ::1 c:.~ U .of -V V :i L1 .J MANDl L. CHENOWETH, Plaintiff IN THE COURT OF COMMON PLEAS OF v, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-2206 CIVIL TERM BRIAN J, HARRIS, Defendant PROTECTION FROM ABUSE IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 22nd day of April, 1999, the acknowledgment of guilt with regard to the underlying protective order is accepted and recorded, Sentence of the court is that the defendant pay the costs of these proceedings and undergo unsupervised probation for a period of ninety days on condition that he strictly adhere to the terms and conditions of the existing protective order. By the Court, --IV' /J. /~ Kevin A. Hess, J. ,I / William Gabig, Esquire Assistant District Attorney Ellen Barry, Esquire Assistant Public Defender Probation :bg ~~p~.: ~~ CERTIFICATIaf 01" PFl\ a:rm:HPl' CASE tU1IlER _qq . :0. 0 ~ NAME ,Ar ifu:", I J-.far"rl ~ ~1~li.J(}J- ~e, PA /7013 BALANCE DUE: $ 1 ()II. :< 0 //7 VICTIM'S NAME~ .i!)11t\d.i L. (l henolJ\Pl:.~ ADD DELETE $ $ $ $ $ 33 '70 $ $ 10.00 $ $ 15.00 $ $ 1/550 $ 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTI~T\Or , NAMEJ::tatbcn()ttln/8 nrr;(1 e. f ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP :=~::~i:~c:.ro~mON .d'2l.J -A 1.j.~ VI'J; D~-jl3-99 Mandi L. Chenoweth, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 99 - 2206 CIVIL TE.RM Brian J. Harris, Defendant :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Brian J. Harris Defendant's Date of Birth: 2/5/78 Defendant's Social Security Number: Unknown to Plaintiff Names of Protected Person: Mandi L. Chenoweth AND NOW, this 2.....,J day of I-)..,,'j , 1999, the court having jurisdiction over the parties and the subject- matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegations made in the Petition. o Plaintiff's request for a Final Protection Order is denied OR ~ Plaintiff's request for a Final Protection Order is granted. ~1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. ~ 2. Defendant i. completely evicted and excluded from the re.idence at 7073 Carlisle Pike, Lot l17, Carli.le, P.nn.ylvania, 17013, or any other re.idence where Plaintiff may liv.. Exclu.ive po.....ion of the re.idence is grant.d to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. o 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 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 7073 Carlisle Pike, Lot 117, Carlisle, 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. o 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) o 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: o 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. ~ 8. The following additional relief is granted as authorized by 16108 of this Act: a. 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. b. Defendant is enjoined from damaging or destroying any property owned solely by Plaintiff. c. Defendant is to refrain from harassing Plaintiff's relatives. d. The court costs and fees are waived. o 9. Defendant is directed to pay temporary support for [insert the names of the persons for whom support is to be paid) as follows: [insert amount, frequency and other terms and conditions of the support order) This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant shall pay $* to Plaintiff as compensation for plaintiff's out-of-pocket losses, which are as follows: OR 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. ~ 13. THIS ORDER SUPERCEDES~ ANY PRIOR PFA ORDER AND 0 ANY PRIOR ORDER RELA~ING 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 ARRBST ON THE CHAROE OF INDIRECT CRIMINAL CONTBHPT 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. 16114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIIlES CODE. THIS ORDER IS BNFORCEABLE IN ALL FIFTY (SO) STATES, THE DISTRICT OF COLOMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AOAINST WOllEN ACTION, 18 U.S.C. 12265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDBR, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINOS UNDER THAT ACT. 18 U.S.C. II 2261-2262. IF PARAORAPH l2 OF THIS ORDER HAS BEBN CHECKED, YOU MAY BB SUBJECT TO FEDBRAL PROSECUTION AND PENALTIBS UNDER THB "BRADY" PROVISIONS OF THB OUN CONTROL ACTION, l8 U.S.C. 5922(0), FOR POSSESSION, TRANSPORT OR RBCEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCBMBNT 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. 56113. 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 takeu 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.