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HomeMy WebLinkAbout99-05458?\ 1 WAYNE GORDON MARSH, Plaintiff BEN WATKINS, vs. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- SY,J J 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 herein. Ifyou 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 ON THE 1' u'u' DAY OF SEPTEMBER, 1999, AT .?; ii ) , ,M., IN COURTROOM NO. `L 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 6ne 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 help. If you cannot rind 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. v'.. ...1'_:?'???.a.... WAYNE GORDON MARSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 99- 3Pl6e CIVIL TERM BEN WATKINS, Defendant : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: BEN WATKINS Defendant's Date of Birth: 11/01/60 Defendant's Social Security Number: Unknown Name of Protected Person: WAYNE GORDON MARSH AND NOW, this ( day of September, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten the above person in any place where he might be found. ? 2. Defendant is evicted and excluded from the residence at _ 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. 19> 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to, any contact at Plaintiff's residence and/or his place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence: Hampden Village, 311 Raven Court, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiffs place of employment: Studio De Georj, Cedar Cliff Mall, Camp Hill, Cumberland County, Pennsylvania. ® 4. 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: Defendant shall not contact Plaintiff by telephone or by any other means, 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 Sheriffs Office ora designated local law enforcement agency for the delivery to the Sheriffs Office: D&ncbt 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 Sheriffs 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 an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. 8. A certified copy of this Order shall be provided to the police departments where Plaintiff resides and is employed and any other agency specified hereafter: Plaintiffs residence: Hampden Township Police Department Plaintiffs place of employment: Lower Allen Township Police Department 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY THISORDER 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. §6114. Consent of the 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. §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. 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 the plaintiffs residence OR any locations where a violation of this order occurs OR where the 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 Sheriffs 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, Attomey for Plaintiff LEGAL SERVICES, INC. <I Certified copies to: Hampden Township Police Department Lower Allen Township Police Department BY THE COURT, WAYNE GORDON MARSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99- CIVIL TERM BEN WATKINS, Defendant : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE The Plaintiff is Wayne Gordon Marsh. 2. The name of the person who seeks protection from abuse is Wayne Gordon Marsh. 3. Plaintiffs address is Hampden Village, 311 Raven Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Defendant's address is 235 Plum Street, Lemoyne, Cumberland County, Pennsylvania 17043. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is 11/01/60, to the best of Plaintiff's knowledge. Defendant's place of employment is Dayton Parts Inc. Sales & Marketing, 3500 Industrial Road, Harrisburg, Dauphin County, Pennsylvania. 5. Defendant had an intimate relationship with Plaintiff. 6. Defendant has been involved in the following criminal court action: To the best of Plaintiffs knowledge, Defendant was convicted of DUI in Dauphin County in or about 1996. The facts of the most recent incident of abuse are as follows: Approximate Date: On or about August 10, 1999 Place: Hampden Village, 311 Raven Court, Mechanicsburg, Cumberland County, Pennsylvania, Plaintiff's residence. On or about August 10, 1999, Defendant, who is a body builder, shoved Plaintiff backward, causing him to fall to the floor and strike his head against the wall with such force that the impact left a hole in the wall. As Plaintiff lay on the floor, Defendant straddled him, sat on his chest, slapped him about the head and face several times, grabbed his neck with both hands, and choked him preventing him from breathing, while repeatedly slamming Plaintiff's head against the floor. Plaintiff pushed Defendant off and moved away from him. When Plaintiff told him to leave, Defendant lunged at him, grabbed him by the neck with both hands, and shoved him backward against the kitchen counter, choking him. Fearing for his life, Plaintiff grabbed a knife from the counter, and stabbed Defendant in the hand, causing him to let go of Plaintiffs neck. Defendant then tried to grab the knife from Plaintiff, causing lacerations to Plaintiffs arm and foot. When Defendant went into the bathroom, Plaintiff telephoned 911 for help. Hampden Township Police responded, and requested emergency medical assistance for Plaintiff and Defendant, who were transported (separately) by ambulance to Harrisburg Hospital for medical treatment. Plaintiff was treated for lacerations on his arm and foot and he sustained bruising and soreness about his head, neck, knee, and elbow as a result of this incident. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about August 8, 1999, Defendant became angry and argued with Plaintiff because he had been at a neighbor's home watching television. Defendant yelled at him and shoved him backward, causing him to fall to the floor. When Plaintiffs neighbor heard yelling by Defendant and a loud noise, he went to the door, saw Plaintiff lying on the floor, and intervened. Defendant left Plaintiff's residence. b) In or about summer 1998, Defendant saw Plaintiff at a local nightclub, followed him to his residence, entered Plaintiff's home uninvited, and ignored Plaintiff after Plaintiff told him to leave several times. When Plaintiff tried to telephone the police for help, Defendant grabbed the telephone from his hand, picked him up off of the floor, and dropped him onto a glass-topped dining table, collapsing the table and causing the glass top to beak under Plaintiff, who fell to the floor. Plaintiff sustained soreness about his body for several days afterward as a result of this incident. C) In or about late summer 1998, Defendant became angry with Plaintiff and backhanded him across the face. Plaintiff sustained bruising, swelling and soreness about his eye and the side of his face as a result of this incident. d) In or about 1997, Defendant, who was sitting beside Plaintiff on the couch, picked up a glass ashtray, and struck Plaintiff on the face with it. Plaintiff sustained a laceration on his face, and swelling and bruising about the side of his face and his eye causing his eye to be swollen shut for several days. e) In or about summer 1997, Defendant became angry with Plaintiff, slapped him on the face, pulled his hair, shoved him to the floor, straddled and sat on him, grabbed his hair and repeatedly slammed his head against the concrete floor. f) Since approximately May 1997, Defendant has abused Plaintiff in ways including, but not limited to, slapping, punching, choking, and kicking him, pulling his hair, threatening him, and threatening to take his dog. As a result of Defendant's abuse, Plaintiff has sustained injuries including, but not limited to, lacerations, abrasions, bruising, swelling, and soreness about his body. Defendant has harassed Plaintiff by repeatedly telephoning him at his residence at all hours, hanging up on him and leaving messages on his answering machine. 9. The following police departments or law enforcement agencies in the area in which Plaintiff lives and is employed should be provided with a copy of the Protection Order: Hampden Township Police Department: Plaintiffs residence at Hampden Village, 311 Raven Court, Mechanicsburg, Cumberland County, Pennsylvania. Lower Allen Township Police Department: Plaintiffs place of employment at Studio De Geod, Cedar Cliff Mall, Camp Hill, Cumberland County, Pennsylvania. 10. There is an immediate and present danger of further abuse from Defendant. 11. Plaintiff is asking the Court to exclude Defendant from the residence at Hampden Village, 311 Raven Court, Mechanicsburg, Cumberland County, Pennsylvania, 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 in any place where he may be found. B. Exclude Defendant from Plaintiffs 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 Plaintiffs residence and/or his place of employment. D. Prohibit Defendant from having any contact with Plaintiffs relatives. E. Order Defendant to pay the costs of this action, including filing and service fees. F. Order Defendant to reimburse Cumberland County, a Legal Services funding source, $250.00 for the value of the legal services provided to Plaintiff for the cost of litigating this case if the case goes to hearing. G. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. H. Grant such other relief as the court deems appropriate. 1. 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. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. W,L Date: Respectfully submitted, xll? 'Joan Carey, Attorney for ' aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION 1 verify that I am the Petitioner 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 unworn falsification to authorities. Dated: 9"0 71'RGordon Mar i, Plaintiff ,, .. ';- t: _ _,, ... WAYNE GORDON MARSH, Plaintiff BEN WATKINS, vs. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5458 CIVIL TERM PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: BEN WATKINS Defendant's Date of Birth: 11/01/60 Defendant's Social Security Number: Unknown Names of Protected Person: WAYNE GORDON MARSH AND NOW, this zo' day of September, 1999, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff, Wayne Gordon Marsh, is represented by Joan Carey of Legal Services, Inc.; Defendant, Ben Watkins, is unrepresented, but has been advised of his right to counsel in this matter. Defendant, although agreeing to the terms of this Order, does not adroit the allegations made in the Petition. Plaintiffs request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. ? Plaintiffs request for a Final Protection Order is denied 1. Defendant shall not abuse, stalk, harass, or threaten Plaintiff in any place where he might be found. ? 2. Defendant is completely evicted and excluded from the residence at 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. FILED ??'"C? Cr ?I nt? ?` JiARY 99 SEP 20 AM 9, 43 CUi.ipm t?l ?? i IIY ? On -at _.m., 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 Plaintiffs residence and/or his place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence: Hampden Village, 311 Raven Court, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiffs place of employment: Studio De Georj, Cedar Cliff Mall, Camp Hill, Cumberland County, Pennsylvania. 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. ? 5. Custody ofthe minor children,, shall be as follows: (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 children: ? 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 §6108 of this Act: 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 an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying Plaintiffs property. Defendant is to refrain from harassing Plaintiffs relatives. ? 9. Defendant is directed to pay temporary support for _ as follows: _. 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 (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which ,hall he determined in accordance with the ,uidelines at the support hearing; ,\ny a(Ijustmems in the final amnnnt of support shall be credited. retroactive to this state. to the appropriate party - ? 10 fhe costs of this octinn are. waived as to Plaintiff and imposed on Defendant ? I I Defendant shall pay 5 _ in IIIaintiffascnmpensation for Plaintiffs out-of-pocket losses. which are as follows _ OR ? Plaintiff is granted leave to present a petition. with appropriate notice to Defendant, to _ requesting recovery of out-nf-pocket losses "he petition shall include an exhibit itemizing all claimed out-of-pocket losses. copies of all hills and estimates of repair, and an Order scheduling a hearing Vo lec shall he required by the Pmthonotarv's office for the filing of this petition ? 12 BRADY INDI(%\TOR ? 1 the Plaint iIT or protected person/s is a spouse, former spouse. a person who cohahitates or has cohabited with Defendant. a parent of a common child, a child of that persnn, or a child of Defendant ? 2. Phis Order is bein, entered after a hearing of which Defendant received aclnnl notice and had an opportunity to he heard ? ;, Paragraph I of this Order has been checked to restrain Defendant tiom harassing, stalking. or threatening Plaintiff or protected person/s ? q Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR ? 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 reasonahly he expected to calls(, hodily injury rv\ LIS jj/ 13. I' IANY I?RI(1RStJPfIRi'':DIE`IINY PRIOR PFA(j ORDER. XI? I ?, \II prorixinns of this Order Audi expire one venr from the dale Ibis order is entered. 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 M 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 Plaintiffs 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 I 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 ofthe 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 Defendant is placed under arrest for violation of the Order, 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 Plaintiff, Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, Kevin . Hess, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: toan'Carey, on Marsh, laintifff Ben Watkins, Defendant 11 Attorn or Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 u n , b i SHERIFF'S RETURN - REGULAR CASE NO: 1999-05458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARSH WAYNE GORDON VS. WATKINS BEN TIMOTHY REITZ Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon WATKINS BEN the defendant, at 2125:00 HOURS, on the 8th day of September 1999 at 235 PLUM ST. LEMOYNE, PA 17043 ,CUMBERLAND County, Pennsylvania, by handing to BEN WATKINS a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION ORDER AND PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 So an?y?q 7iCiil 9.90 .00 8.00 omas ine, eri 00/00/0000 by Sworn and subscribed to before me this day of 19. A.D. -Pa 4 "P" ^ ro nonotary/ e y ri