HomeMy WebLinkAbout06-3332PFAD Number: CF2396508Q
Nancy Jane Price,
Plaintiff
V.
William Eugene Price, Defendant
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
No. L)b-333a
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Nancy Jane Price
2. I, (the Plaintiff), am filing this Petition on behalf of-
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Nancy Jane Price
4. Plaintiffs Address is : 525 Reno St., Apartment D, New Cumberland, PA 17070
5. Defendant's Name is:
William Eugene Price
6. Defendant's address is:
unknown.
7. Defendant's Date of Birth is:
November 1, 1962
8. Defendant's Place of Employment is:
Unemployed
9. Defendant is an adult.
10. The relationship between Plaintiff and Defendant is:
Parent / Child
11. Defendant has been involved in a criminal court action.
12. The facts of the most recent incident of abuse are as follows:
On about Thursday, May 25, 2006 at approximately 3:OOPM
location: 525 Reno Street, Apartment D, New Cumberland PA 17070
Defendant attempted to cause severe injury to Plaintiff by hitting her with the telephone and
head butting. Defendant also caused Plaintiff emotional anguish when he called her vulgar
names, pulled down his pants and exposed himself.
13. Prior incidents of abuse that Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
On or about April of 2006 Defendant attempted to cause Plaintiff serious injury when
Defendant head butted her.
During the course of the parties' relationship, the Defendant has engaged in a course of
conduct that puts Plaintiff in fear of bodily injury and to fear for her life. The Defendant's
actions include, but are not limited to: shoving Plaintiff, grabbing Plaintiff by her throat,
throwing objects at Plaintiff, calling Plaintiff vile names, threatening Plaintiffs life and
threatening to burn down Plaintiffs house.
14. (a). Defendant has not used, or threatened to use firearms or other weapons against Plaintiff or the
minor child/ren:
(b). To the best of my knowledge or belief, Defendant does not own or possess firearms, other
weapons, ammunition or a firearm license.
15. The sheriff, police department or law enforcement agency that should be provided with a copy of
the protection order are:
New Cumberland Borough Police Department
16. There is an immediate and present danger of further abuse from Defendant.
17. Plaintiff is asking the court to evict and exclude Defendant from the following residence:
525 Reno Street, Apt D
New Cumberland PA 17070
Rented By:Nancy Jane Price
18. FOR THE REASONS SET FORTH ABOVE, I REQUEST 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
and/or minor children in any place where Plaintiff may be found.
b. Evict/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 and/or minor
child/ren, 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, except as the court may find necessary with
respect to partial custody and/or visitation with the minor child/ren.
d. Order the following additional relief, not listed above:
Defendant shall not damage, destroy, or dispose of in any manner, any
property owned jointly by the parties or solely by the plaintiff.
e. Order the police, sheriff 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 the
Defendant's residence, where Defendant can be served.
Respectfully submitted,
MIDPENN LEGAL SERVICES
Date:
By:
e D'Alo, Attorney for Plaintiff
Jessica Holst, Attorney for Plaintiff
401 East Louther Street, Suite 103
Carlisle, PA 17013
(717) 243-9400
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. 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: LA,
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Nancy J e,?Plaintiff
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Nancy Jean Price,
Plaintiff
v
William Eugene Price,
Defendant
?4,? W 3
JUN 3 2 2006
IN THE COURT OF COMMON P?EAS._Q
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06 - :A?,a 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. 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 on the o P"Bay of , 2006, at X30 .m., in
Courtroom No. -5 on the 4th Floor of the Cumberland Coun Courthouse, 1 Courthouse Square,
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
32 South Bedford Street, 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.
5
Nancy Jane Price, : IN THE COURT OF COMMON
Plaintiff : PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
William Eugene Price, Defendant : No.
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: William Eugene Price
Defendant's Date of Birth is: November 1, 1962
Name(s) of All protected persons, including Plaintiff and minor children:
1. Nancy Jane Price
AND NOW, on 12th Day of June, 2006 upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintiffs request for a temporary protection order is granted.
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 the residence at:
525 Reno Street, Apt D
New Cumberland PA 17070
or any other permanent or temporary residence where Plaintiff or any other
person protected under this order 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 of Plaintiff or any other person protected under this
order.
3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any
other protected person under this order either directly or indirectly, at any
location, including but not limited to any contact at Plaintiffs or other protected
party's school, business, or place of employment.
4. Defendant shall not contact Plaintiff, or any other person protected under this
order, by telephone or by any other means, including through third persons.
5. The following additional relief is granted:
- Defendant shall not damage, destroy, or dispose of in any manner, any
property owned jointly by the parties or solely by the plaintiff.
6. A certified copy of this order shall be provided to the sheriff or police
department where Plaintiff resides and any other agency specified hereafter:
New Cumberland Borough Police Department
7. The sheriff, police or other law enforcement agencies are directed to serve
Defendant with a copy of the 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.
8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL JUNE 12, 2009 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE 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.A. §6114. 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.A. §6113. If Defendant is required to relinquish any firearms, other weapons
or ammunition or any firearm license, those items must be relinquished to the sheriff
within 24 hours of the service of this order. As an alternative, Defendant may
relinquish any firearm, other weapon or ammunition listed herein to a third party
provided Defendant and the third party first comply with all requirements to obtain a
safekeeping permit. 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.
NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS
This order shall be enforced by the police department or sheriff who has jurisdiction
over Plaintiffs residence OR any location where a violation of this order occurs OR
where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of
this order, Defendant shall 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 a police
officer or sheriff.
Subsequent to an arrest, the law enforcement officer or sheriff shall seize all
firearms, other weapons and ammunition in Defendant's possession. Any firearm,
other weapon, ammunition or any firearm license must be delivered to the sheriffs
office of the county which issued this order, which office shall maintain possession
of the firearms, other weapons and ammunition 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 or sheriff made the arrest.
BY THE COURT:
Judge
(a 1 ?.1 ? ?v
Date
Distribution to:
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TRANSMISSION VERIFICATION REPORT
TIME 06/12/2006 16:11
NAME PROTHONOTARY C LONG
FAX 7172406573
TEL
SER.# BROH3J606381
DATE DIME 06112 16:10
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OFFICE OF THE PROTHONOTARY
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
(717) 240-6195
To: Central. Processing, Legal Services
Fax#
From: Cumberland. County Prothonotary
RE:
Message:
7 No of pages (including cover sheet)
This message is intended for the use of the individual or entity to which it ix
Simpson, Renee
From: ra-inetoperations@state.pa.us
Sent: Monday, June 12, 2006 4:37 PM
To: Simpson, Renee
Subject: PFAD Document Confirmation No.063332 against PRICE, WILLIAM
PFAD Document Confirmation No.063332 against PRICE, WILLIAM filed by PRICE, NANCY
RECORD ACCEPTED BY CLEAN: 2006-06-12 16:37:29Z
DL --333;,
Simpson, Renee
From: ra-jnetoperations@state.pa.us
Sent: Tuesday, June 13, 2006 3:24 PM
To: Simpson, Renee
Subject: PFAD Document Confirmation No.063332 against PRICE, WILLIAM
PFAD Document Confirmation No.063332 against PRICE, WILLIAM filed by PRICE, NANCY
RECORD ACCEPTED BY CLEAN: 2006-06-13 15:24:05Z
r
Nancy Jean Price,
Plaintiff
v
William Eugene Price,
Defendant
TION FO
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
NO. 06 - 3332 CIVIL TERM
PROTECTION FROM ABUSE
)NTINUAN(
Plaintiff, Nancy Jean Price, by and through her attorneys, Grace E. D'Alo and
Jessica Holst of MidPenn Legal Services, move the Court for an Order rescheduling the
hearing in the above-captioned case on the grounds that:
1. A Temporary Protection From Abuse Order was issued by this Court on
June 12, 2006, scheduling a hearing for June 20, 2006, at 2:30 p.m.
2. The Cumberland County Sheriffs Department deputized the Dauphin
County Sheriff's Department to serve Defendant with a certified copy of the Temporary
Protection From Abuse Order and Petition for Protection From Abuse. Defendant has not
been served.
4. Attorney for Plaintiff requests a continuance of this hearing to allow for
additional time to serve Defendant.
WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule
this matter for hearing, and that the Temporary Protection From Abuse Order remain in
effect through June 12, 2009, or until further Order of Court, whichever comes first.
I/
Respectfully Submitted,
MIDPENN LEGAL SERVICES
BY:
Grace D'Alo; Attorney for Plaintiff
Jessi a olst, Attorney for Plaintiff
MidPenn Legal Services
401 East Louther Street
Carlisle, PA 17013
O
04 3-U,?
Bretz, Debra K.
From: ra-jnetoperations@state.pa.us
Sent: Monday, June 26, 2006 11:51 AM
To: Bretz, Debra K.
Subject: PFAD Document Confirmation No.063332 against PRICE, WILLIAM
PFAD Document Confirmation No.063332 against PRICE, WILLIAM filed by PRICE, NANCY
RECORD ACCEPTED BY CLEAN: 2006-06-26 11:50:49Z
Tt 34 75
Jane Price,
Eugene Price, Defendant
JUN i M06
IN THE COURT OF C1-fir _ -
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 06-3332
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Name: William Eugene Price
Date of Birth: November 1, 1962
and Dates of Birth of All Protected Persons, including Plaintiff and minor
Names Dates of Birth
Nancy Jane Price August 9, 1937
or Protected Person(s) is/are:
spouse or former spouse of Defendant
parent of a common child with Defendant
current or former sexual or intimate partner with Defendant
child of Plaintiff
child of Defendant
family member related by blood (consanguinity) to Defendant
family member related by marriage or affinity to Defendant
sibling (person who shares biological parenthood) of Defendant
current or former cohabitant (person who lives with) Defendant.
Jant was served in accordance with Pa. R.C.P. 1930.4 and provided notice
time, date and location of the hearing scheduled in this matter.
NOW, this 21st Day of June, 2006 the court having jurisdiction over the
s and the subject-matter, it is ORDERED, ADJUDGED and DECREED as
to consent of the parties, which does not constitute Defendant's
6
to the averments of abuse in the petition, the following order will be
Plaintiffs request for a final protection order is granted.
Defendant shall not abuse, stalk, harass, threaten or attempt to use physical
force that would reasonably be expected to cause bodily injury to Plaintiff or
any other protected person in any place where they might be found.
Defendant is completely evicted and excluded from the residence at:
525 Reno Street, Apt D
New Cumberland PA 17070
or any other residence where Plaintiff or any other person protected under this
order 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
of Plaintiff or any other person protected under this order.
Defendant is prohibited from having ANY CONTACT with Plaintiff either
directly or indirectly, or any other person protected under this order, at any
location, including but not limited to any contact at Plaintiffs or other protected
parry's school, business, or place of employment.
Defendant shall not contact Plaintiff, or any other person protected under this
order, by telephone or by any other means, including through third persons.
The following additional relief is granted as authorized by §6108 of the Act:
- Defendant shall not damage, destroy, or dispose of in any manner, any
property owned jointly by the parties or solely by the plaintiff.
certified copy of this Order shall be provided to the police department where
aintiff resides and any other agency specified hereafter:
Cumberland Borough Police Department
7. 1 All provisions of this order shall expire on: June 21, 2009
NOTICE TO THE DEFENDANT
ILATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
ARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE
A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX
NTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO
)SECUTION AND CRIMINAL PENALTIES UNDER THE
1NSYLVANIA CRIMES CODE. A V10LATION OF THIS ORDER MAY
YULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH
,L REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR
EARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF.
S ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
TRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE
VIMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
MEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE
D INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C
261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION
ILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A
)ERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT
?RESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR
MUNITION. 18 U.S.C. §922(g)(8).
TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS
police and sheriff who have jurisdiction over Plaintiffs residence OR any
lion where a violation of this order occurs OR where Defendant may be
led, shall enforce this order. The court shall have jurisdiction over any indirect
inal contempt proceeding, either in the county where the violation occurred or
re this protective order was entered. An arrest for violation of paragraphs 1
ugh 7 of this order may be without warrant, based solely on probable cause,
ther or not the violation is committed in the presence of the police or any
if. . 23 Pa.C.S.A. §6113.
nt to an arrest, and without the necessity of a warrant, the police officer
shall seize all firearms, other weapons and ammunition in Defendant's
n that were used or threatened to be used during the violation of the
i order or during prior incidents of abuse.
Sheriff of Cumberland County shall maintain possession of the firearms,
r weapons or ammunition until further order of this court.
m Defendant is placed under arrest for violation of this order, Defendant shall
iken to the appropriate authority or authorities before whom Defendant is to be
lgned. A "Complaint for Indirect Criminal Contempt" shall then be completed
signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and
ature are not required to file the complaint.
If Jufficient grounds for violation of this order are alleged, Defendant shall be
arraigned, bond set, if appropriate and both parties given notice of the date of the
hearing.
BY THE COURT 1?k-t
q?-bLO-10
M. L. Ebert, Jr., Judge
pursuant to the consent of Plaintiff and Defendant:
Holst, Attorney for Plaintiff
Eugene Price, Pro Se Defendant
Willf
Beth a Mission
611 ly Street
102
Harrrg PA 17
Ifi Pee, Date William E
ne Defendant
tj4 . P,
Att ey for Plaintiff
Mid nn Legal Services
401 Est Louther Street
Carli le PA 17013
I
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and Mailed to PSP - M- AeF7
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TRANSMISSION VERIFICATION REPORT
TIME : 06/26/2006 10:18
NAME : PROTHONOTARY C LONG
FAX : 7172406573
TEL
SER.# BROH3J606381
TIME 06/26 10:16
O./NAME 9 24587929 2438026
ION 00:01:12
S) 08
T OK
STANDARD
ECM
OFFICE OF THE PROTHONOTARY
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
(717) 240-6195
Central Processing, Legal Services
F
7
Cumberland County Prothonotary
No of pages (including cover sheet)
This message is intended for the use of the individual or entity to which it is
CERTIFICATION OF PFA COSTS
Cumberland County Prothonotary
One Courthouse Square
Carlisle, PA 17013
717-240-6195
CASE NUMBER 06-3332
DEFT'S NAME William Eugene Price VICTIM'S NAME:
Nancv Jean Price
BALANCE DUE $155.50
BALANCE BROUGHT FWD
ADD
170 STATE SURCHARGE $ 100.00 $
260-184 - SHERIFF COST $
502 - RESTITUTION $ $
- CUMBERLAND COUNTY
PROTHONOTARY OFFICE $ 55.50 $
- SURCHARGE BY
ORDER OF COURT
DATED $ $
• BAIL DATED $ $
- BAIL DATED $ $
- SURCHARGE BY
ORDER OF COURT
DATED $ $
SURCHARGE
ORDER OF COURT
DATED $ $
PROTHONOTARY OFFICE
PERSON CERTIFYING INFORMATION
DELETE
RENEE SIMPSON, DI
DATED: 4/28/2008
(Mailed to Defendant