HomeMy WebLinkAbout99-075109 ?.
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Doris R. Tasker,
Leonard M. Welts,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 99- JS'16 CIVIL TERM
Defendant : PROTECTION FROM ABUSE
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.
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A HEARING ON THIS MATTER IS SCHEDULED ON ece" 't OW, AT
dd Al., IN COURTROOM NO. ?_OF THE CUMBERLAND
COUNTY COUR HOUSE, CARLISLE, PENNSYLVANIA.
You MUST obey the Order that is attached until it is modified or tenninated 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.
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CUMBERLAND COUNTY, PENNSYLVANIA
Dorthy R. Tasker,
Leonard M. Wells,
TEMPORARY PROTECTION FROM ABUSE ORDER
Plaintiff
VS.
NO. 99- - CIVIL TERM
Defendant : PROTECTION FROM ABUSE
IN THE COURT OF COMMON PLEAS OF
Defendant's Name: Leonard Wells
Defendant's Date of Birth: 7/31/62
Defendant's Social Security Number: unknown to Plaintiff
Names of the Protected rson: Dorthy M. Tasker
AND NOW, thil if day of December, 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 protected
persons in any place where they 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.
3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited, to any contact at Plaintiffs residence or place of
employment. Defendant is specifically ordered to stay away from the following locations for
the duration of this Order: Plaintiff's residencelocatedat40VictorDrive,Mechanicsburgand
Plaintiffs place of employment located at Cumberland/Perry Association for Retarded
Citizens, Carlisle Pennsylvania.
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:
i
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
The local law enforcement agency in thejurisdiction 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. Defendantshall immediately relinquish the following weapons to the Sheri ffs Office
ora designated local law enforcement agency for the delivery to the Sheriffs Office: D&rht
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.
Law enforcement agencies, human service agencies and school districts shall not
disclose the presence of Plaintiff in the jurisdiction or district or furnish any
address, telephone number, or any other demographic information about
Plaintiff and/or children except by further Order of Court.
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 jointly
by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives.
8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter: A copy of this Order will be sent to
the proper authorities.
? 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 S1,000.00 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 courtmay 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.
Dorthy R. Tasker, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
Vs'
NO. 99- *720 CIVIL TERM
Leonard M. Wells,
Defendant : PROTECTION FROM ABUSE
I • The Plaintiff is Dorthy R. Tasker.
2. The name of the person who seeks protection from abuse is Dorthy R. Tasker.
3. Plaintiffs address is at an undisclosed location.
4• Defendant is believed to live at 4201 Old Gettysburg Road, Camp Hill, Pennsylvania.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is 7/31/62.
Defendant's place of employment is Arthur Wells Paving, Old Gettysburg Road, Camp
Hill, Pennsylvania.
5• Defendant is Plaintiffs former intimate partner.
6. Defendant has been involved in the following criminal court action:
The facts of the most recent incident of abuse are as follows:
In orabout December 7,1999, Defendant screamed at Plaintiff, threatened to kill
her, burn down her residence, and punch her in the face Defendant told
Plaintiff to put out her cigarette and kicked her in the hand. Defendant
attempted to grab Plaintiff and Defendant's mother pulled her into the house to
keep him from further abusing her.
g• Defendant has committed the following prior acts of abuse against Plaintiff :
a) In or about December 6, 1999, Defendant screamed at Plaintiff, grabbed her
by the hair, and pulled her across the room causing her to fall over a
dehumidifier. Plaintiff suffered a cut on her cheek and inside her mouth.
b) In or about the end of October 1999, Defendant punched Plaintiff under the
chin causing her lip to bleed. Defendant yelled at Plaintiff and punched her in
the face resulting in bruises on her chin and jaw, and a chipped tooth.
c) In or about the end of September 1999, Defendant kicked Plaintiff in the
legs and stomach, and threw heron the ground causing her to hither head on the
pavement. Plaintiff suffered bruises on her legs and knee, and a bump on her
head.
d) In or about August 1999, Defendant pulled Plaintiff's hair and threw her
onto the ground. Plaintiff suffered scrapes, bruises, and soreness in her knees.
e) In or about May 1999, Defendant screamed at Plaintiff while in the car and
slapped her across the face two times causing her to fear for her safety.
f) S ince May of 1999, Defendant has abused Plaintiff in the following ways:
pushed, punched, pulled Plaintiffs hair, and kicked her. Defendant shows up
at Plaintiff's work daily and threatened to destroyed her things. Defendant has
destroyed some of her property including a television, VCR, broken glasses, and
put holes in her walls.
9. 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: A copy of the Order will be
sent to the proper authorities.
10. There is an immediate and present danger of further abuse from Defendant.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD 130
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
and/or minor child in any place where Plaintiff may be found-
B. Order 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 residence or place of employment.
D. Prohibit Defendant from having any contact with Plaintiffs relatives.
E. Order Defendant to pay $25.00 for the costs of this action, including filing and
service fees.
F. Order Defendant to reimburse 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:
The Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
The Defendant is to refrain from harassing Plaintiffs 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. 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.
Respectfully submitted,
Joan Carey, Attom# for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
VERIFICATION
1 verify that 1 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 unsworn falsification to authorities.
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Dated: / Z -13 (1
All.
Do is R. Tasker, Plaintiff
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Doris R. Tasker, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
Leonard M. Wells,
VS.
CUMBERLAND COUNTY, PENNSYLVANIA
NO.99-7510 CIVIL TERM
Defendant : PROTECTION FROM ABUSE
FINAL, PROTECTION ORDER
Defendant's Name: Leonard M. Wells
Defendant's Date of Birth: 7/31/62
Defendant's Social Security Number: Unknown to Plaintiff
Names of Protected Person: )ris R. Tasker
AND NOW, this " 9 day of December, 1999, the court having
jurisdiction over the parties and the subject-matter, it is ORDERED,
ADJUDGED, and DECREED as follows:
The Plaintiff, Doris Tasker, is represented by Joan Carey of Legal Services, Inc.; the Defendant,
Leonard Wells, is unrepresented, but has been advised of his right to counsel in this matter.
The Defendant, although agreeing to the terms of this Order, does not admit 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, threaten the Plaintiff or any other
protected person in any place where they 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.
? On -at _.m., Defendant may enter the residence to retrieve his/her clothing and
other personal effects, provided that Defendant is in the company ofa law enforcement officer
when such retrieval is made.
3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any
location, including, but not limited to, any contact at the Plaintiffs residence or place of
employment. Defendant is specifically ordered to stay away from the following locations for
the duration of this Order: Plaintiffs residence located at 40 Victor Drive, Mechanicsburg,
Pennsyvlania and her place of employment located at the Cumberland/Perry Association for
Retarded Citizens.
4. Defendant shall not contact the Plaintiff by telephone or by any other means,
including third parties.
? 5. Custody of the minor children, [names ofthe children subject to the provision of this
paragraph] 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.
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.
The Defendant is enjoined from damaging or destroying any property owned jointly by
the parties or owned solely by Plaintiff.
The Defendant is to refrain from harassing Plaintiffs relatives.
The court costs and fees are waived.
? 9. Defendant is directed to pay temporary support for (insert the names of the persons
for whom support is to be paid) _ as follows: (insert amount, frequency and other terms and
conditions of the support order) This Order for support shall remain in effect until a
final support order is entered by this Court. However, this Ordershall 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 shall be determined in accordance with the guidelines at thesupport hearing. Any
adjustments in the final amount ofsupport shall be credited, retroactive to this date, to the appropriate
party.
? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant.
? 11. Defendant shall payS_toPlaintiffascompensation forPlaintiffsout-of-pocket losses,
which are as follows: OR
? 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
? 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who
cohabitates or has cohabited with Defendant, a parent of a common child, a child of that
person, or a child of Defendant.
? 2. This Order is being entered after a hearing of which Defendant receivedactual
notice and had an opportunity to be heard.
? 3. Paragraph I of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/s.
? 4. Defendant represents a credible threat to the physical safety of Plaintiff or
other protected person/s OR
? The tetrns of this Order prohibit Defendant from using, attempting to use, or
threatening to use physical force against Plai ntiff or protected person that would reasonably
be expected to cause bodily injury.
13. THIS ORDERSUPERCEDES:
ANY PRIOR PFA ORDER and
? ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
® 14. All provisions of this Order shall expire one year from the date this 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/ORAJAIL SENTENCE OF UP TO SIX MONTHS.23PA.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 Plaintiffs residence OR any location where aviolation
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 shal l 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 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, Plaintiff's 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 T E COURT,
4Ge VEHAoff?er1resident Judge
This Order is entered pursuant to the consent of Plaintiff and Defendant:
Doris R Tasker, Plaintiff
oan Carey, Attorney for aintiff
LEGAL SERVICES, INC.
4 eonard M. Wells, Defendant
Pro Se
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8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-07510 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TASKER DORIS R
VS
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WELLS LEONARD M
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE was served upon
WELLS LEONARD M the
DEFENDANT , at 0011:25 HOURS, on the 17th day of December , 1999
at CUMBERLAND CO. SHERIFF'S DEPT. 1 COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
LEONARD M. WELLS
a true and attested copy of PROTECTION FROM ABUSE together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.30
Affidavit .00
Surcharge 8.00
.00
35.30
Sworn and Subscribed to before
me this Ark' day of
A.D.
Prothonotary
So Answers:
R. Thomas Kline
12/21/19
By:
12/15/99 WED 16:07 FAX 717 240 6573 CUMO CO PROTHONOTARY rl f¢J001
TRANSMISSION OK
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1639
92490779
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS.
RESULT
12/15 16:00
06'56
10
OK
12/21/99 TUE 10:52 PAX 717 240 6573 CUMn co PRnninnn•r.vev
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TRANSMISSION OR
TX/RX NO 1646
CONNECTION TEL 02490770
CONNECTION ID
ST. TIME 12/21 10:47
USAGE T 05'22
PGS. 7
RESULT OK