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HomeMy WebLinkAbout99-02720 VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. qq. ;)7;)0 PROTECTION FROM ABUSE SUSAN A. HOLSBERG, Plaintiff HERBERT H. HOLSBERG, JR. Defendant 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 the matter is scheduled for the lot~day of May, 1999, at 3J2o 7. M. in Courtroom J at Cumberland County Courthouse, carlisle, 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. !i 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 Violence Against Women Act, 18 U.S.C. S 2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RI:GHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LA~ER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI:CE SET FORTH BELOW TO FI:ND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CA!niOT FI:ND A LAWYER, YOU HAY HAVE TO PROCEED WI:TBOUT ONE. Cumberland county Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (71 7) 249-3166 SUSAN A. HOLSBERG, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. qq - cn:JO PROTECTION FROM ABUSE HERBERT H. HOLSBERG, JR. Defendant PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Susan A. Holsberg. 2. I am filing this Petition on behalf of.: [X] Myself and/or [J Another 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 "Plaintiff, and provide your address here, unless confidential: 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. Names of ALL persons, including Plaintiff and minor children, who seek protection from abuse: Susan A. Holsberq and J. Kenneth Grissinqer 4. [] Plaintiff's address is confidential [X] Plaintiff's address is: 37 Autumn Drive. Dillsbura. York Countv. PennsYlvania 17019 5. Defendant is believed to live at the following address: 2444 Derrv Street. Harrisburq, Dauphin County. PennsYlvania Defendant's Social Security Number (if known) is: 206-38-9547 Defendant's date of birth is: December 24. 1948 Defendant's place of employment is: Central Dauphin Scb,QQl District [ ] Check here if Defendant is 17 years old or younger. 6. Indicate the relationship between Plaintiff and Defendant. [X] Spouse [ ] Current or former sexual/intimate partner [] Other relationship by blood or marriage grabbed one of my father's guns, a .22 galiber rifle, placed .the butt of the gun at Plaintiff's feet and pushed the barrel toward Plaintiff, saying: "Here, take it and put me out of my misery." B. In 1991, the Defendant struck me and broke my nose which was the basis for the prior PFA. C. since April 22, 1999, Defendant has made approximately 30 to 35 telephone calls to Plaintiff's father's residence. On one night, there were approximately 10 telephone calls. D. On April 30, 1999, Defendant called Plaintiff's place of employment approximately 25 times during her working hours and on some of said calls spoke to Plaintiff's supervisor. 14. List the weapon(s) that Defendant has used or threatened to use against Plaintiff or the minor child/ren: 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: Carroll Township: Northern York Reqional Police: and pennsvlvania state Police at Carlisle , PA 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 evict and exclude the Defendant from the following residence: 37 Autumn Drive. Dillsburq, PA 17019 [X] Owned by parties [ ] Rented by [ ] Defendant owes a duty of support to plaintiff and/or the minor child/ren. [ ] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: POR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTBR A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING (CHECK ALL FORKS OF RELIEF REQUESTED): [X] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place 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. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, 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 children listed in this Petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. Order Defendant to pay temporary support for Plaintiff and/or the minor child/ren, including medical support and [ ] payment of the rent or mortgage on the residence. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. Order Defendant to pay the costs of this action, including filing and service fees. Order Defendant to pay Plaintiff's reasonable attorney's fees. Order the following additional relief, not listed above: Defendant to be excluded from residence of Plaintiff's father. J. Kenneth Grissinqer. 343 York Road. Carlisle. ~-y'lvania 17013 Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency 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. [ ] C. [ ] D. [X] E. [X] F. [X] G. [] H. [] 1. [X] J. [X] K. [X] L. [X] M. [X] N. RESPECTFULLY SUBMITTED, a~,:. ~~:H;~~(,a,- Anthony . DeLuda, E5qu~rer I' 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 ,1 t g: ~ 1'" Vi i -a, - j >- en ~ c-{ ~ !:r: t.r. ~ Cl) -' I~. ~- g 0 wrl F. :::?'C &. -:Z t '-,:.:; 8:! ~;~ ::,.: C..,.:':''' - '1 u... "~~ .. q;-~ CJ ":.1 \.() j it (, . \.0 .~ ~.-' CJ(':: :,\-,>) -:r- LL! ~l.. I ._J >~ <::L { o:~! I >.. 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