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HomeMy WebLinkAbout99-02272 ll)::!/~-;,'< "c., ,..,~ ?~:'" ' ~": /1.-1'''''''', 1"ti~ ,.'t') , '.~:'iO' '~ 'k'(, "';_i. ~~<~:' ,.:, ;f)f:'''.' '1'.>, ,f;.~!,:~:" '1\{lt~"",,: ~1~;",;::'>'.: fJ;~.;, t~k:'",;,,/ !!;":"". j~~:',:,. .' #i~i,' i." ,';f.." " !l ~~;;.' ;"' ,'.. \ 'i;. :(-, ';'. ::;~:~?,~);; < ' ~:.~., ':i:' ::;,' tf,: ~;'t ~i:,\; . ;~ ;;;:;,-,,- V. ~- ':',~. ,.~'~~ .. :.~ ....~ ..~ ''i '.>",. : '..,: .~ ",~' ""'. . :': .~ ".0...;: ':":,~ , . f " 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 the Plaintiff in accordance with the terms of this Order. [Xl 6, Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for delivery to the Sheriffs office: Pocket Hunting Knife Gun Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order, [Xl 7. The following additional relief is granted: Defendant shall pay $185,00 for door lock replacements ($75.00), money in purse which defendant took ($110.00), and defendant shall pay for any medical expenses incurred by plaintiff as a result of defendant's actions, [Xl 8, A certified copy of this Order shall be provided to the police department where Plaintiff resides and,. other agency specified hereafter: Carlisle P.D., Silver Springs P.D., North Middleton P.D. o 9, THIS ORDER SUPERSEDES [ 1 ANY PRIOR PFA ORDER AND [ 1 ANY PRIOR ORDER RELATING TO CHILD CUSTODY. [Xl 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 THE 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 Ps,C,S ~ 6114. Consent of the Plaintiff to Defendant return to the residence shall not validate 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 and penalties under the Violence Against Women Act, 18 U.S.C, ~~ 2261-2262, NOTICE TO LAW ENFORCEMENT OFFICIALS " - Cindy Boonie, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE Anthony Jones, Defendant NO. 99 - Q1Q'1a CIVIL TERM PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Cindy Boonie 2, I am filing this Petition on behalf of [X] Myself and []. 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 "Plaintiff, and provide your address here, unless confidential: 17 Birch Street Mechanicsburg, Pa. 17055. If you checked "Another Person," indicate your relationship with plaintiff: []parent of minor plaintiff(s) []applicant for appointment as guardian ad litem of minor plaintiff(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: Cindy Boonie 4. [] Plaintiff's address is confidential or [X] Plaintiff's address is: 17 Birch Street Mechanicsburg, Pa. 17055. 5, Defendant is believed to live at the following address: unknown Defendant's Social Security Number (if known) is: Defendant's date of birth is: 07/02/60 Defendant's place of employment is: [] Check here if defendant is 17 years old or younger. 6, Indicate the relationship between plaintiff and defendant. [] Spouse [X] Current/former sexual/intimate partner [] Ex-spouse [J Parent/child [] Persons who live or have lived like spollses [] Other relationship by blood/marriage [] Parents of the same children 7. Have plaintiff and defendant been involved in any of the following court actions? " . incidents plaintiff was immediately in fear of imminent serious bodily injury. Plaintiff attempted to call the police, but defendant ripped the phone of the wall. Defendant then threatened that he had "people lined up to do bodily damage" and threatened to "f....k up" plaintiff's whole life. Defendant also stated that he had people lined up to "take her out", all he had to do was give the word. Defendant refused to leave even after repeated requests by the plaintiff to do so. Defendant then pulled a large kitchen butcher knife out of plaintiff's butcher block. Defendant began to wave the knife around and said "I will use it if necessary." Plaintiff was finally able to call 911. Defendant left, but took plaintiff's purse and money with him. Officer Poettiger from Silver Springs P.D. arrived on the scene. 13. If the defendant has committed prior acts of abuse against plaintiff or the minor child/ren, describe these prior incidents, including any threats, injuries, or incidents of stalking, and indicate approximately when such acts of abuse occurred: A. April 12th, 1999 - April 13th, 1999 Plaintiff got out of defendant's car at the Gingerbread Man in Wormleysburg, Pa. Defendant grabbed plaintiff and forced her back inside the car. Defendant then took the plaintiff to Carlisle. Plaintiff attempted to leave the car at two different stop lights. Defendant grabbed the plaintiff's throat, forcing her to stay inside the car, Defendant then punched plaintiff with his fist, leaving a mark on the side of the plaintiff's face. In Carlisle, plaintiff was able to leave the car. Defendant followed her with his car, cornering her, and prevented her from leaving. Defendant dragged plaintiff back into his car. When defendant left, plaintiff left Carlisle, Pa. by cab and returned to her apartment in Mechanicsburg, Pa. When plaintiff arrived at home, defendant was at her house. Plaintiff attempted to flee the apartment. Defendant caught her when she was attempting to flee across the street to her neighbors. Defendant grabbed plaintiff, banged her head on the curb, and dragged her back to the apartment. Back in the apartment defendant grabbed plaintiff, throwing her down. He then started to punch her in the face. While plaintiff was on the ground, defendant continued to kick and punch plaintiff. Demanding money, defendant knocked the plaintiff down, straddled her, and began to strangle her. Plaintiff mayor may not have lost consciousness at this point. Plaintiff does remember defendant punching her in the chest saying "I've killed bitches like you before". Plaintiff was then able to call an ambulance, and was given oxygen and ice packs. Officer Poettiger also arrived from Silver Springs P.O. 13. January, 1999. Plaintiff and defendant got into an argument. Defendant punched plaintiff under her chin causing her head to hit a dresser. Defendant also strangled plaintiff. Defendant's friends had to pull defendant off the laintiff. C. 12/98 or 1/99 Plaintiff ran from defendant. Defendant caught plaintiff, and defendant strangled her and repeatedly punched her. 14. List the weapon(s) that defendant has used or threatened to use against plaintiff or the minor child/ren: Knifes, and a gun IS, 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: Carlisle P.D., North Middleton P.D., and Silver Springs P,D. 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 [X] Plaintiff is asking the court to exclude the defendant from the following residence: 17 Birch Street Mechanicsburg, Pa. 17055 [] owned by (list owners, if known): [] rented by (list all names, if known): [] Defendant owes a duty of support to plaintiff and/or the minor children. [X] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: $75.00 for new door locks $110.00 money taken in purse. $Unkown medical expense. 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): [X] A, Restrain defendant from abusing, threatening, harassing, or stalking Plaintiff and/of minor child/ren in any plaee where plaintiff may be found. [X] B. Evict/exclude defendant from plaintiff's residence and prohibit defendant from attempting to enter any temporary or permanent residence of the plaintiff. [] C. Require defendant to provide plaintiff and/or minor child/ren with other suitable housing, [] D. Award plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between defendant and child/ren: [X] E. Prohibit defendant from having any contaet with plaintiff and/or minor child/ren, either in person, telephone, or in writing, personally or through third persons, including but not limited to any contaet at plaintiff's school, business, or place of employment. [X] F. Prohibit defendant from having any contact with plaintiff's relatives and plaintiff's children listed in il Petition. " ~, VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S ~ 4904, I verify that I am the Plaintiff in the present action, and that the facts and statements contained in the above Petition are true and correct, to the best of my knowledge, information and belief. ()If- /5 - qq Date ~A1J r/&r~ indy Boo~e s ';" "" ... ~ .i >- 0' '>- a; V; !,. "" .7.: M ) UJ~J ~'~ ~~: S:~~ , -. t.tr, ,,", ! ;:~:! ~')(-. In ') ~.} 8:. IT: ~"" c;; ;.:,u ,:..... -(.l.. f: ... >> lL .:J'\ ::.; 0 0' () ". " APR 151999: \ .~. " .. MAY 2 4 199V Cindy L, Boonie, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE Anthony M. Jones, - Defendant NO. 99 - 2272 CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Anthony M. Jones Defendant's Date of Birth: 7/2/60 Defendant's Social Security Number: 293-50-3479 Names of All Protected Persons, including Plaintiff and minor children: Cindy L, Boonie AND NOW, this day of May, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows: o Plaintiff's request for a final protection order is denied, OR [X] Plaintiff s request for a final protection order is granted. [X] 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found, [Xl 2. Defendant is completely evicted and excluded from the residence at 17 Birch Street, Mechanicsburg PA. 17055 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. .. [J On , 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, [J 3, Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the 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. [J 4, Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. [J 5, Custody of the minor children, [names of the children subject to the provision of thjs paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of partial custody or visitation, if any,] [J 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. [X] 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, [J 8. The following additional relief is granted as authorized by ~ 6108 of the Act: [J 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 the 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. [J 10, The costs of this action are waived as to the Plaintiff and imposed on Defendant. [X] 11. [X] Defendant shall pay $185.00 to Plaintiff as compensation for Plaintiffs out-of'pocket losses, which are as follows: $75.00 for replacement of door locks, and $110.00 that was taken from Plaintiff's purse by the Defendant, and Defendant shall pay for any medical expense incurred by the Plaintiff as a result of Defendant's actions. 4 [) 12. BRADY INDICATOR. [X] 1. The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabitated with the Defendant, a parent of a common child. a child of that person, or a child of the Defendant. 1. [X] 2, This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard, [X] 3. Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). [X] 4. Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR [X] The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury, [] 13, THIS ORDER SUPERSEDES [] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY, 14, All provisions of this order shall expire in one year, on [insert expiration date], 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 $1,000.00 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':"f~ VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~~ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE;:;;..i&~ STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUBJECT TO FEDERAL;:':iiJj~ CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. ~~ 2261 -2262. IF PARAGRAPH 12 O:F/'~:Jj THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND");f~~ PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U .S.C, ~~ 922(G);.~i;1!'~ FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. .'m{:.. . ii,~~:t. ,:~~j~ .-~- ~ ;;~ ,:, >- c . '.. c.:~ <;.; i. ~~~ r-: .. UI'.-- ( ~l . ..-:,1. l,. L.~ '-I'i' t.;i( C:, " a, UI..: r" ~~I,; '.., ~E ,0; ,. -. ..:.~ ..... C' 0 c.... 0 ..... .' ...... \ Cindy L. Boonie. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN PROTECTION FROM ABUSE v. Anthony M, Jones, Defendant NO, 99 -2272 CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Anthony Jones Defendant's Date of Birth: 7/2/60 Defendant's Social Security Number: .z.'l3 -so - :i"/71 Names of All Protected Persons, including Plaintiff and minor children: Cindy L. Boonie .. AND NOW, this Z '],.- day of April, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows: Plaintiff s request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2, Defendant is completely evicted and excluded from the residence at 17 Birch Street, Mechanicsburg P A. 17055 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. 3. On a date and circumstances to be agreed upon by the parties, Defendant may enter the residence to retrieve his clothing and other personal effects, provided that he is in the company of a law enforcement officer when such retrieval is made, and that Defendant provides an itemized list of items he believes to be in the Plaintiffs possession, at least five (5) days in advance of the date he wishes to retrieve them. .." , \ 4. Defendant is prohibited from having any contact with the Plaintiff at any location, including hut not limited to any contact at the Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for K" the duration of this Order, Except as provided in Paragraph3 of this Order, Defendant shall ... 110t contact the Plaintiff by telephone or by any other means, including through third persons. 5. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. 6, The costs of this action are waived as to the Plaintiff and imposed on Defendant. 7. Defendant shall pay $185.00 to Plaintiff as compensation for Plaintiff's out,of-pocket losses, which are as follows: $75.00 for replacement of door locks, and $110.00 that was taken from Plaintiff's purse by the Defendant. 8. 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-poeketlosses. 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. :z.ooo. 9. All provisions of this order shall expire in one year, on April ~,~ 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 $1,000.00 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 ACT, 18 U.S.C. ~~ 2261-2262. 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 ACT, 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 the plaintiff's residence OR any location where a violation of this order occurs OR where the 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. ~ 6113. .- \ Subsequent to an arrest, the police officer shall seize all weapons used or lhreatened to be used during the violation of the protection order or during prior incidenls of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further order of this court, When the defendant is placed under arrest for violation of the order, the 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 the plaintiff. Plaintiffs prescnce and signalure are not required to file the complaint. If sufficient grounds for violation of this order are alleged, lhe defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT: . IJ I:L The undersigned hereby consent to the entry of the above Final Order. Cindy L. Boonie Anthony M. Jones Dated: April_, 1999 Dated: April _, 1999