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HomeMy WebLinkAbout99-04418z N 1 \ iv Q) Cb a 1 t i I Karen Narcross, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 -011 CIVIL TERM Steven Narcross, Defendant :PROTECTION FROM ABUSE AND CUSTODY 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. hearing on this matter is scheduled for the0 day of 1999, at 3.3a t2m., in Courtroom No. of he 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. 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, 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 TARE 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 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. ri?r'?' ,"_?_ _..,., :„.h} .i, ? ; ?,??'rY _ , ,, :•- Karen Narcross, Plaintiff Vs. Steven Narcross, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99 - yyl0 CIVIL TERM :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Steven S. Narcross Defendant's Date of Birth: 05/20/53 Defendant's Social Security Number: unknown to Plaintiff Name of Protected Person: Karen K. N P:t AND NOW, this ?v day of , 1999, upon consideration of the attached Petition fo P tection from Abuse, the court hereby enters the following Tempora rder: ® 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 , 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 the Defendant, 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, 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.) ® 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 located at Green Ridge Village, Big Spring Road, Newville, Cumberland County, Pennsylvania. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at 137 Timber Lane, Shippensburg, Cumberland County, Pennsylvania, a residence which is solely by Plaintiff, which is not owned or leased by Defendant, and any other residence Plaintiff may establish. ® 4. Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ? S. 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 fIs 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. 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 or the minor child. N 8. A certified copy of this order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mid-Cumberland Valley Regional Police Department, Pennsylvania State Police, and Carlisle Borough Police Department. ? 9. THIS ORDER SUPERSEDES ? ANY PRIOR PFA ORDER AND ? 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 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. 66114. Consent of Plaintiff to Defendants 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. 66113. 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. 66 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, Karen NarcFoss :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 99 - W/0 CIVIL TERM Steven Narcross Defendant :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Karen K. Narcross. 2. The name of the protected person who seeks protection from abuse is Karen K. Narcross. 4. Plaintiff's address is 137 Timber Lane, Shippensburg, Cumberland County, Pennsylvania. 5. Defendant is believed to live at the following address 1466 Woods Road #27, Shippensburg, Cumberland County, Pennsylvania. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is 05/20/53. Defendant is retired. 6. Defendant is Plaintiff's spouse. 7. The facts of the most recent incident of abuse are as follows: On or about July 18, 1999, Defendant called Plaintiff and threatened to kill her, causing her to fear for her life. Plaintiff reported the incident to the police. 8. Defendant has committed the following prior acts of abuse against Plaintiff or the minor children: a. For approximately two weeks, in or around July 1999, and in spite of Plaintiff's telling Defendant not to have no contact with her, Defendant repeatedly called Plaintiff, some times eight times in a two hour period. If the telephone was busy, Defendant further pursued Plaintiff by calling Plaintiff's family members to determine with whom Plaintiff was speaking, exacerbating her fear because of his past threats and instability. b. On or about July 12, 1999, Defendant called Plaintiff, threatening that she was going to lose and that he was going to win. Defendant threatened to do away with himself and give their oldest daughter his pension. Defendant also threatened that he would make her life a living hell if she went after his pension and that "It's not over til it's over," causing Plaintiff to fear for her life. c. In or around the week of July 5, 1999, Defendant called Plaintiff and told her he had a premonition that the devil showed him that her weaknesses would make her rot in hell, but that she would eventually run back to the Lord, causing her to fear for her safety. d. In or around may or June 1999, Defendant attempted to locate Plaintiff twice when she had gone out of town. On one occasion, Defendant repeatedly called Plaintiff's home at least thirty times, causing their daughter to fear for their safety. Defendant drove by the house at least two times that evening. On another occasion, Defendant repeatedly called Plaintiff, and when no one answered, he contacted all of her relatives, attempting to locate her. When Defendant contacted their daughter at Plaintiff's mother's home, Defendant became belligerent and told her to "stop playing the fucking game." e. In or around February 1999, Defendant disappeared for a week. Defendant returned home and told Plaintiff that the "Upper Echelons" were following him. Defendant stated that he was playing a game and he was the player. Defendant walked down to their shed with binoculars, looking around. Defendant said that the Upper Echelons had been following him from North Carolina, Virginia, and West Virginia. Defendant threatened that the only way to protect himself was to buy a gun. He further threatened to run right thru the next carload full of Upper Echelon he saw, including their families, causing Plaintiff to fear for her life. f. On numerous occasions since February 1999, Defendant has consistently abused his medication. Defendant has also controlled Plaintiff by making her account for every penny spent and how her time was spent and with whom the time was spent. Defendant has threatened Plaintiff's life, causing Plaintiff to fear for her safety. When Defendant and Plaintiff were first married 24 years ago, Defendant punched, shoved, strangled and restrained her and put a gun to Plaintiff's head. 16. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Mid Cumberland Valley Regional Police Department, Newville Borough Police Department, and Pennsylvania State Police. 17. There is an immediate and present danger of further abuse from the Defendant. 18. Plaintiff is asking the Court to order Defendant to stay away from the residence at 137 Timber Lane, Shippensburg, Cumberland County, Pennsylvania, which is rented 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 in any place where Plaintiff may be found. B. Order Defendant to stay away 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, in the event of hearing. 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, in the event of hearing. 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 or the minor child. 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: /i Joan Carey t1l Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 MI 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: 1-lam 1\ . Norcross, Plaintiff I .V vl cJ 4 ?J I 2 Y?l VI SHERIFF'S RETURN - OUT OF COUNTY r . CASE NO: 1999-04418 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NARCROSS KAREN VS. NARCROSS STEVEN R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: NARCROSS STEVEN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania. to serve the within PROTECTION FROM ABUSE On July 30th, 1999 , this office was in receipt of the attached return from FRANKLIN County, Pennsylvania. Sheriff's Costs: So answe : Docketing 18.00 Out of County 9.00 Surcharge 8.00 RB'I' omas ine, -S ifierif? DEP. FRANKLIN CO 30.70 $bb.J0 07/30/1999 Sworn and subscribed to before me this 3u v day of 19 ?c A.D. 0 on r SHERIFF'S OFFICE 157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261.3877 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN legibly. Do not detach any copies. type or print 1. PLAINTIFF/S/ KAREN NARCROSS 199-4418 STEVEN NARC_ROS_S IFROM 'LLUA _ 6 ORDERS S C 0 , OF HEA SERVE 5, NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO OE LEVIED. ATTACHED OR -SOLD . _ STEVEN NARCROSS_ -_- - __ -- - ---------- 6. ADDRESS (Stroot or RFD, Apanment No., City, Doro, Twp., Slate and ZIP Cotle) AT RIASSX 1466 WOODS ROAD, LOT 1127, SHIPPENSBU_R_G_, PA 17257 ATE UNUSUAL SERVICE: ? COMMON OF PA. LI DEPUTIZE ? OTHER - ---"""--------- ow,- 19 ____ , I, SHEFfIFF OF FRANKLIN COUNTY PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EKPEDITINO SERVICE: -- NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF N/ATCHMAN -Any deputy sheriff levying upon or attaching enlany property under within writ may leave same without a watchman, in custody of whomever is found in possession. after notifying person of levy or anachm, without liability on the part of such dept or the sheriff to any plaintiff herein for anv loss. deshuctlnn n.--I ..r'_-...._. _ _. .. me ar AI IUMNLY or Other ORIGINATOR CUMBERLAND COUNTY SHERIFF 10. - -- -- -- "-- -• --••-•..? - . ,.. ,.nmc A,va, AuuncSJ DtLUW: (This area must b, R THOMAS KLINE, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013 ate I as 7/23 30 Dep. int. Date Miles 1 Dep.lnt. Date Mlles IDep. Int I Date Milesl Dep. ` Costs 25. Service Costs . _. 26. Notary Can. L 27. Mileage or o Postage 1--- )28. Total 18.00 I 4.00 R 7n I .,n Is to ar,Aa.? oewW run Use V F SRE_RIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ i SI NATURE O?ty or Clerk and Title 14. Date Received 15. Expiration/Hearing date or complaint as indicated above. J T23 =99 7-28-99 16. [hereby CERTIFY and RETURN that I [ r personally served ? have egai evidence at service as shown in "Remarks', C] have executed as shown in "Remarks", the writ or complaint desert d on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handling a TRUE and ATTESTED COPY [hereof. 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual company corporation etc named above (See remarks below) 18. Name and tige of individual served (if not shown above) - - _... 19. n po 0 oI s nni n ar,d d screlon umn STEVEN NARCROSS ^ n ? mn d I. m i. „sum pine oI eo- n 20. Address of where served (complete onlyutlifferent than shown above) (Street or RFD, Apartment No., zt. Dam Of Servic72 Time AM City, Bore, Twp. State and Zip Code) PM DST SAME AS 116 7-23-99 20PM Es 23. 30. 31. 37. MY 11. DUE OR REFUND SO R. i and subscribed to before me this 23RD WSW, /%/ as nom JULY `9 999_ THEODORE L KONCSOL -23- 9 i - _- ---- - ---- - IT, -.I S r I,u, of " WD Dam Pnr n,.Y,Ikv 'nq:,YH,vv. --I -_ .--- - COW ..--- w wo,o ? SHERIFF OF FRANKLIN TY Reumnd FCSO I t/96 L-mY w,_- ..v„ I 1. ISSUING AUTHORITY .In The Court of Common Pleas of Cumberland County, Pennsylvania Karen Narcross VS. Steven Narcross NO. 99-4418 Civil Now, 7/22/99 ; 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a 19_, at o'clock copy of the original and made known to So answers, M. served the the contents thereof. Sheriff of Sworn and subscribed before me this _ day of , 19 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA 07/22/99 TRU 11:39 FAX 717 240 6573 CUMO CO PROTHONOTARY 99 -,fll;," aloof SxiiiixixiiEESSSxEEEt xsx TX REPORT xxE fixiiiiExiESxiESiSxEi TRANSMISSION OK TX/RX NO 1362 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 07/22 11:36 USAGE T 03'22 PGS. 7 RESULT OK