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HomeMy WebLinkAbout99-06009Lti CJ O O Q or' U A m 0 w?a m N 2 Q Z U O N j N !L Q % } O m 7 m Z 3 p o w i Y ' c ¢ W a in w N Q Q a I 1 „ ?l IS(?OJ Angelina Brown, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.99-CIVIL TERM John D. Brown, Defendant 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. If you fail to do j so; the case may proceed against you and a FINAL Order may be entered against you granting the relief rdquested in the Petition. In particular, you may be evicted from your residence and lose other important rights. -? vU hearing on the matter is scheduled for the 3A day of ? 1999, at t 44. 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 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 HELP. 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. Angelina Brown, IN THE. COI IRT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. &0 a it NO. 99- CIVIL TERM John D. Brown, Defendant PROTECTION FROM ABUSE Defendant's Name: John Douglas Brown Defendant's Date of Birth: 11/25/55 Defendant's Social Security Number: 224-86-3562 Names of the Protected Person: Angelina Brown ? L?b ?CT AND NOW, this -,A day of£ertembm,, 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 any of the above persons in any place where they might be found. mthe-reside 3?p 0 shall have no be ® 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, Including, but not limited, to any contact a PI in.t?i,/ff s pl ce of empployiqp?ent tJ•a loca ed at itr4iechno 111111P nns Ive is' k- Ine? s a9dv d??S 5 ® "OT GXC?-+aL_ bd?-f ?rl .o•, i4 t nrv7;DIY' %. cc 4. Defendant shall not contact Plaintiff by Cie one or by any other means, Including through t Ird pep ons .,, i I {r}b S ?V c(e.> cle e s ? Z Gxc??dc Dc •?T u,v?fi ?msr eiLe S 0 5. Pending tile outcome of the Ina hearing in this matter. P aintiff is awarded is temporary custody ofthe tbIlowing minor child/ren: * (DOB ). Until the final hearing, all contact between Detcndant and the child/ren shall be limited to the following: **. The local law enforcement agency in the jurisdiction where the children 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. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs 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 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. 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, destroying, removing or selling any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives or the minor child. ® S. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Upper Allen 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. §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 plaintiff's 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. BY THE COURT, . . , l Angelina Brown, Plaintiff Vs. John D. Brown, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (0009 NO. 99- CIVIL TERM PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE Plaintiffs name is Angelina Brown. 2. The name of person who seeks protection from abuse is Angelina Brown. 3. Plaintiffs address is 2161 Canterberry Drive, Mechanicsburg, Pennsylvania. 4. Defendant lives at 2161 Canterberry Drive, Mechanicsburg, Pennsylvania. Defendant's Social Security Number is 224-86-3562. Defendant's date of birth is 11/25/55 Defendant's place of employment is located at Vision Benefits of America, 125 North Enola Drive, Enola, Pennsylvania, 17025. 5. Defendant is Plaintiffs husband. 6. Plaintiff and Defendant have been involved in the following court actions for divorce, custody, support, or protection from abuse: Case name Case no. Date filed Court Brown v. Brown 99-5620 9/14/99 Cumberland County Common Pleas Divorce Defendant has been involved in the following criminal court action: Defendant was charged with aggravated assault in 1979. 8. The facts of the most recent incident of abuse are as follows: On or about September 9, 1999, Defendant became enraged and followed Plaintiff around the residence making lewd comments causing her to fear for her safety. When Plaintiff attempted to leave the residence, Defendant rammed her car with the lawn mower, and threatened her by exposing himself to her, and picking up an object as if he were going to throw it at her exacerbating her fear. Plaintiff drove to her parents' residence and called the police. Defendant has committed the following prior acts of abuse against Plaintiff: a.) In or about July 1999, Defendant threw a screwdriver at Plaintiff who had to move out of the way to avoid being hit. Later that day, Defendant was enraged, tore all of Plaintiffs son's posters off of the wall, picked up a wooden spindle, raised it above his head, and brought it down towards Plaintiff as if he were going to hit her causing her to fear for her safety. Plaintiff told Defendant she was going to call her father to come to the residence; Defendant told her to go ahead and he would just kill him. b) In or about the Spring of 1999, Defendant picked up several kitchen knives and flipped them into the air causing Plaintiff to fear for her safety. c) In or about September 1998, Defendant grabbed Plaintiff, forcefully pushed her to the ground. d) In or about 1997, Defendant became angry and burnt Plaintiff on the leg with a cigarette. e) On several occasions since 1993, Defendant has abused Plaintiff in ways including the following: choked, kicked, and shoved her. On one occasion Defendant threatened to chop Plaintiff into pieces and dispose of the parts in different places causing her to fear for her life. 10. 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: Upper Allen Township Police Department. 11. There is an immediate and present danger of further abuse from the Defendant. 12. Plaintiff is asking the Court to evict and exclude the Defendant from the residence at 2161 Canterbeny Drive, Mechanicsburg, Pennsylvania, which is owned by both parties. 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. Evict and exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the 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 school, business, or 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 the following additional relief, not listed above: a. The defendant is enjoined from damaging, removing, selling, or destroying any property owned jointly by the parties or owned solely by the plaintiff. b. The defendant is to refrain from harassing the plaintiffs relatives. G. Grant such other relief as the court deems appropriate. H. 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. Plaintiff prays for such other relief as may be just and proper. Dated: VERIFICATION I 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. 1 understand that any false statements are made subject to . the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: Angelina B own, Plaintiff ANGELINA BROWN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOHN D. BROWN, Defendant NO. 99-6009 CIVIL TERM ORDER OF COURT AND NOW, this Aay of October, 1999, upon consideration of the attached letter from Jay R. Braderman, Esq., attorney for Plaintiff, the hearing previously scheduled for October 8, 1999, is continued generally. Counsel are directed to contact the court if they desire a hearing in this matter. PENDING FURTHER order of court, the existing temporary protection from abuse order dated October 1, 1999, shall remain in full force and effect. J. Jay Braderman, Esq. 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Defendant :rc ,j. e- BY THE COURT, OCT-07-99 01:34 PM Hradorman. Es0.. W I so. Esa. 71T 238 3816 P.02 JAY R. BRADERMAN ATTORNEY AT LAW 126 LOCUST STREET P.O. BOX 11489 HARRISBURG, PENNSYLVANIA 17108.1489 (717) 238-3838 (717) 232-6600 TELEFAX (717)(717) 238-3816 October 7, 1999 VTA FACSIMILE AND FIRST CLASS MAIL Honorable J. Wesley Oler, Jr„ Judge Court of Common Pleas Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Re: Angelina Brown v. John D. Brown No. 99.6009 Protection from Abuse Dear Judge Oler: This is in confirmation of my telephone call on October 7, 1999, to Ruth in your chambers, A hearing on the above matter was scheduled before you for October 8 at 3;00 p.m. Rich Wagner, attorney for Defendant John Brown, and myself, as attorney for Angelina Brown, have come to an agreement, and therefore respectfully request that the hearing scheduled for October 8, 1999, be continued generally. Defendant John D. Brown has agreed to voluntarily move from the marital domicile within the next thirty (30) days. Prior to the time that he moves, we have agreed, and would request, that the temporary Protection from Abuse Order remain in effect. After Mr, Brown does move from the marital domicile, we will present to the Court for approval a permanent Order incorporating the provisions of the temporary Order, and adding to the provisions of the temporary Order the representation that neither cAwp51does\jrbl1Uy\01cr Judge Drown Aagelina.doe OCT-07-99 01:34 PM Brndwr m an, E14. W I so, E&4. 717 238 3816 P.03 Honorable J. Wesley Oler, Jr., Judge October 7, 1999 Page 2 party will dissipate any marital assets, and that Defendant John Brown will not enter the marital domicile at any time without Plaintiffs, Angelina Brown, permission, I appreciate the Court's indulgence, and if our proposal for a general continuance is not acceptable, please notify the undersigned immediately. JRB:sae c: P. Richard Wagner, Esquire (Attorney for Defendant) Angelina Brown cAwpSId=s\jrb\Itrs\tllarJudge BrownAngelina.d= SHERIFF'S RETURN - REGULAR CASE NO: 1999-06009 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROWN ANGELINA VS. BROWN JOHN D CPL. 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 BROWN JOHN D the defendant, at 20:15 HOURS, on the 4th day of October 1999 at 2161 CANTERBERRY DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to JOHN D. BROWN a true and attested copy of the PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 7.44 /s Affidavit .00 Surcharge 8.00 R- Iasne 75iTeriff ?q 21 10/06/1999 by e y eri Sworn and subscribed to before me this al l ruC day of Qe,!jr: &, 192 A. D. ono 10/13/99 WED 11:09 FAX 717 240 RR71 mmn nn '- - rnw11v1?U LflttI (. UY'-l /, 191001 sis TX REPORT sis TRANSMISSION OK TX/RX NO 1531 CONNECTION TEL 92490779 CONNECTION ID ST. TIME 10/13 11:07 USAGE T 00'45 PGS. 2 RESULT OK