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HomeMy WebLinkAbout99-02987Barbara Lynn Myers, Plaintiff VS. John Vincent Myers, Jr., Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - 9 r 7 CIVIL TERM :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 i 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 this matter is scheduled for the c27 day of May, 1999, at //'VV /Y.m., in Courtroom No.of the 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. §6114. 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 HELD. 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 199C 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. Barbara Lynn Myers, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA. Va. :NO. 99 CIVIL TERM John Vincent Myers, Jr., Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: John Vincent Myers, Jr. Defendant's Date of Birth: 6/9/62 Defendant's Social Security Number: 306-76-3413 Name of Protected Person: Barbara Lynn Myers AND NOW, this d y of May, 1999, upon consideration of the attached Petition r Protection from Abuse, the court hereby enters the following Temporary Order: ® 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ® 2. Defendant is evicted and excluded from Plaintiff's residence located at 140 Frost Road, Gardners, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties and from which Defendant. voluntarily left on or about March 2, 1999, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. ? 3. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at 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: Plaintiff's residence located at Cumberland County, Pennsylvania, a residence which is jointly owned/leased by the parties; owned/leased by the entireties; owned/leased solely by Plaintiff /Defendant to which Plaintiff and the minor child/ren moved to avoid abuse, which is not owned or leased by Defendant, (and any other residence Plaintiff may establish), except for the limited purpose of transferring custody of the parties' child/ren. Defendant shall remain in his vehicle at all times during the transfer of custody. ® 4. 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 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. ? 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 granted: 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. If personal service cannot be effected because Plaintiff only has a post office box number for Defendant, special order is granted authorizing service by certified and/or regular mail- 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 jointly by the parties or 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: Pennsylvania State Police Department. ? 9. THIS ORDER SUPERSEDES E] ANY PRIOR PFA ORDER AND O ANY PRIOR ORDER RELATING TO CHILD CUSTODY 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 DEFENDANT Defendant is hereby notified that violation of this order may rc-sult 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 the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, IS 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 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 weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Joan Carey Attorney for Plaintiff BY THE COURT, n- ft TV Barbara Lynn Myers, Plaintiff VS. John Vincent Myers, Jr., Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - ?9d1 CIVIL TERM :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Barbara Lynn Myers. 2. The name of the who seeks protection from abuse is Barbara Lynn Myers. 3. Plaintiff's address is 140 Frost Road, Gardners. 4. Defendant is believed to live somewhere in Portage, Indiana, but Plaintiff is unaware of his specific street address. Defendant's Social Security Number is 306-76-3413. Defendant's date of birth is 6/9/62. Defendant's is employed as a truck driver. 5. Defendant is Plaintiff's husband. 6. The facts of the most recent incident of abuse are as follows: On or about May 2, 1999, Defendant called Plaintiff and threatened to cut throat if she did not let him into the residence when he returned to the area on May 19, 1999. After Plaintiff hung up on Defendant, he repeatedly called back and in one message on Plaintiff's answering machine threatened to kick the doors of her home in if she was not there when he arrived. 7. Defendant has committed the following prior acts of abuse against Plaintiff: a. On or about March 1999, Defendant grabbed Plaintiff by her arms causing bruises and pushed her causing her to fall into a truck. b. In or about the fall of 1996, Defendant grabbedhandhead threw Plaintiff onto the floor causing her profusely. Defendant and suffer a laceration which bled p tiff and held her arms down with his then straddled Plain legs causing bruises on her arms. c. In or about the summer of 1995, Defendant forcefully pushed Plaintiff down onto a bed and choked her causing bruises on her neck. d. On several different occasions since 1994by Pendant pushed Plaintiff, held her down, grabbed punched her in the face, and threatened to kill her. 6. 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: Pennsylvania State 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 P140 Frost Road, Gardners, laintiff and Defendant.. Pennsylvania, which is owned by 11. Plaintiff may not be able to have Defendant served personally since she does not know the address of Defendant's residence; she, therefore, requests the Court to grant a special order pursuant to 1930-4 a(3) authorizing service by certified and/or ordinary mail. PLAINTIFF FINAL O DERHTHATUWOULDTDO THEEMPORARY THAT T ERANDRA TER HEARING, AUESTS ORDER, FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Evict 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 business. D. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. E. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. F. 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. G. 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. Respectfully submitted, Dated: I' Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Plaintiff as designated 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. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: ??- - Barbara Lynn Myers - -, ?,; ._ ,?- , . -;, <. r= '- _; -;1 ___ _ ifs 777 I' I r ?r r\ Barbara Lynn Myers, Plaintiff V. John Vincent Myers, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2987 CIVIL TERM PROTECTION FROM ABUSE ORDER FOR CONTINUANCE r+' AND NOW, this v? day of May, 1999, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on May 27, 1999, by this Court's Order of May 17, ifv 1999, is hereby continued rescheduled for hearing on the 1 5 day of 1999, at _ 3 ' I m. in Courtroom No. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriffs Department shall attempt to make service at the plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. A certified copy of this Order for Continuance will be provided to the Pennsylvania State Police Department by the plaintiffs attorney. By the Z eorge -. Joan Carey Attorney for Plaintiff 51a?l?r?i John Vincent Myers, Jr, Pro Sc - rn a } V 1 ;? I ??'i ?n: .•.i .. .. ,. ?• . l.?Ji: .???. Barbara Lynn Myers, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-2987 CIVIL TERM John Vincent Myers, Jr., Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff, by the through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on May 17, 1999, scheduling a hearing for May 27, 1999, at 11:00 a.m. 2. The defendant was served with a certified copy of the Temporary Protection Order and Petition for Protection Order on or about May 21, 1999, by mailing him a copy to P.O. Box 662, Hobart, Indiana 46341, restricted delivery, return receipt requested. 3. The parties agree that the hearing be rescheduled to afford them time to execute an agreement. 4. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 5. A certified copy of the Order for Continuance will be delivered to the Pennsylvania State Police Department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, 0o an Carey, Attorney Plaintiff / LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ra (T , •O `i) I Barbara Lynn Myers, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99-2987 CIVILTERM John Vincent Myers, Defendant PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: John Vincent Myers, Jr. Defendant's Date of Birth: 6/9/62 Defendant's Social Security Number: 306-76-3413 Names of Protected P : Barbara Lynn Myers AND NOW, this day of June, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: The Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The Defendant, although entering into this Agreement, does not admit the allegations made in the Petition. The parties agree that the following may be entered as an Order of Court. ? Plaintiffs request for a Final Protection Order is denied OR ® Plaintiffs 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 he found. ?: ? , . . ?. ` _ ,; "; ,::; - ;., ® 2. Defendant is completely evicted and excluded from the residence at 140 Frost Road, Gardners, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties and from which Defendant voluntarily left on or about March 2, 1999, or any other permanent or temporary residence where Plaintiff may live. Exclusive possession of the residence is granted to Plk'ntiff. Defendant shall have no right or privilege to enter or be present on the premises. ? On the _ day of_, 1998, 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. 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 Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: ® 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. ? 5. Custody of the minor children, * (DOB ) 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). ? 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law 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: ? 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. M 8. The following additional relief is granted as authorized by §6108 of this Act: a. The Cumberland County Sheriffs Department shall attempt to make service at Plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. If personal service cannot be effected because Plaintiff only has a post office box number for Defendant, special order is granted authorizing service by certified and/or regular mail. b. 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 the Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the Plaintiff. C. The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the Plaintiff. d. The Defendant is to refrain from harassing the Plaintiffs relatives. ? 9. Defendant is directed to pay temporary support for plaintiff and/or the minor child/ren as follows: the amount of $ per week, payable to the plaintiff in the form of a check or money order, by mail pending the entry of an order by the Cumberland County Domestic Relations Office. The first payments is to commence within ten days upon entry of the Protection Order and each (week, month) thereafter. The defendant further agrees to provide health coverage to the spouse and/or minor child/ren, and will pay all of the unreimbursed medical expenses of the plaintiff and/or minor child/ren to the provider or to the plaintiff if she has paid for the medical treatment, and the defendant agrees to make or continue to make rent or mortgage payments on the residence of the plaintiff. 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. ? 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. ? 11, Defendant shall pay $ * to Plaintiff as compensation for Plaintiffs out-of-pocket losses, which are as follows; OR ? 11. 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. ? 12. BRADY INDICATOR I. ? The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. 2. ? This Order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. 3. ? Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4. ? Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR 4. ? '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 SUPERCEDES ® ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 19 14. All provisions of this Order shall expire in one year. 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 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 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. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES 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 the Plaintiffs 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 threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriffs Department 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 presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, the Defendant shall be Z ; arraigned, bond set and both parties given notice of the date of the hearing. i` r BY THE COURT, { Date: This Order is entered pursuant to the consent of Plaintiff and Defendant: arbara Lyi Vincent Myers, Jr. Plaintiff Pro Se Defendant G oan Carey Attorney for Plaintiff /U tal C? a o? . i R P