HomeMy WebLinkAbout94-00906
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MICHELLE D. AVERY,
Plaintiff
v.
I IN THE COURT OF COMMON PLEAS OF
I.
I CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO, qO(C CIVIL 19(14
PROTECTION FROM ABUSE
DAVID J, HALL,
Defendant
AND NOW,
T.EMP.QB~B.Y PJ'~.QIfGTIV~ __QBOfB
. -tH
this 1> _ day of February, 1994, upon
presentation and consideration of the within Potition, and upon
finding that the plaintiff, MICHELLE 0, AVERY, now residing at 8
Du 11 as Dr i ve. Apt 7H, Camp Hill, CLImber I and County, Pennsy 1 van i a,
ia in immediate and present danger of abuse from the defendant,
DAVID J. HALL, the following Temporary Order is entered,
The defendant, DAVID J, HALL, now residing at 103 Parkview
Drive, New Cumberland, Cumberland County, Pennsylvania, 18 hereby
enjoined from physically abusing the plaintiff, MICHELLE D,
AVERY, or placing her in fear of abuse and is excluded from the
residence located at 8 Dulles Drive, Apt 7H, Camp Hill,
Cumberland County, Pennsylvania, a residence leased SOlely by the
plaintiff,
The defendent is ordered to refrain from having any contact
with the plaintiff inclUding, but not limited to, entering the
home and school of the plaintiff and harassing or stalking the
plaintiff, Tha defendant is furthered ordored to refrain from
harassing the plaintiff's relatives,
This order aha1 1 remain In effect until a final order IS
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entered in this caElft, A hearing shall be held on this matter on
the '7 _ day of lJ1AlL-h .., 1994, at./I!.!Mtt.m, In
Courtroom No, ..1..-., Cumberland County Courthoutle, Carl isle,
Penney1vanla,
Thll p I a I nt j ff may proceed In formA PIl!Jjttr..Le pllnd I n9 II
further order after the hllaring.
The Cumberland County Sheriff's officII shll11 attllmpt to make
service at the plaintiff's request, but sllrvice may be
accomplished under any applicable rule of Civil Procedure,
The NIIW Cumberland and Camp Hill Borough Police Oepartmentft
will be provided with 8 copy of this Order by attorneye for the
plaintiff. This Order shall be e~forced by any law enforcement
aEjency where a violation occurs by arrest for Indirect criminal
contempt without warrant upon probable cause that this Order haa
been violated, whether or ~ot the violation is committed In the
presence of the po 1 ice off IceI', In the event that IIn arrest i iii
made undllr this section, the defllndant shall not be taken to jail
but shall be taken without unnecIIssary delay before the court
that Issued the Order, When that court Is unavailable, the
defendant shall be arraigned before a district justice, who shall
set bail eccordinEj to the provisions of Chapter 4000 of the
Pennsylvania Rules of Criminal Procedure (23 Pa.C.S,A. Section
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MICHELLE p, AVERY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, CIVIL 1994
PROTECTION FROM ABUSE
v,
DAVID .). HAll.,
Defendant
M.O.U!;/;
You haVe been sued in court, If you wi sh to defend agei net
the claims s~t forth in the following pages, you muet take action
promptly after this Petition, Order and Notice are served, by
appearing personally or by attorney at the hoaring scheduled by
the Court and presenting to the Court your dsfenses or objection.
to the claims set forth against you, You ars warned that if you
fail to do so, the Court may proce~d without you, and a judgment
may be entered against you by the Court without further notice
for any money claimed in the Petition or for any other claim or
relief requested by the plaintiff, You may lose money or
property or other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, 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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-&200
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MICHELLE D. AVERY,
Plaintiff
IN THE COLJflT OF COMMON PLEAS OF
CUMBERLANU COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO,
CIVIL 1994
DAVID J, HALL,
Dlifendllnt
PROTECTION FROM ABUSE
PEUUQ!Lf.QR .PROT I;C.T XV.E. .QBD.f.B
B..EllEfJIHO..ER, TH E,. .PIlQJ .E.CTJ.QtLfR.QM..A.QV ~E ..8.c.r
2..LP..Ji .1lJ;.CUQN.. H91
A, AB\Hl,!;,
" The plaintiff IS an adult Individual whose permanent
address is 8 Dullss Drive, Apt 7H, C$mp Hill, Cumberland County,
Pennsylvania, 1701"
2, The defendant is an adult Individual residing at 103
Parkview Drive, New Cumberland, Cumberland County, Pennsylvania,
17070,
3, The defendant is the plaintiff's former intimate
partner,
4, Since approximately October 1990, the defendant has
attempted to cause and has intentionally, knowingly, or
reCklessly caused bodily harm, to the plaintiff, and by physical
menace has placed the plaintiff in fear of imminent serious
bodily Injury. This has included but Is not limited to the
following specific instances of abuse:
a, On or about January 30, 1994, the defendant became
enraged, grabbed the plaintiff's hair, pulled her head down. The
defendant then struck the plaintiff across the right side of her
face and ear, causing the plaintiff to suffer a concussion,
b, In or around December 1992, the defendant became
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enraged, grabbed the plaintiff, and threw her against the wall,
The defendant then grabbed the plaintiff by her throat with both
hands, causing the plaintiff to fear for her safety.
c. In or flround Apr j I 1992, the defendant became angry
with the plaintiff and kicked her automobile repeatedly with hie
foot resulting in approximstely $3,000, worth of damage and
cauelng the plaintiff to fear 'or her eafety.
d, In or around October 1990 I the defend6nt. becllme angry
and repeatedly slapped the plaintiff, who was two months
pregnant, about her head and face, The p I a i nt 1ff suffered
bruisee on her face.
5, The plaintiff belle~eB and therefore avers that shl Is
in Immediate and present danger of abuse from the defendant and
that she is in need of protection from such abuse,
6, The plaintiff desires that the defendant be reetrained
from entering her school having any contact with her, harassing
or stalking her, and harassing her relatives,
B, AIJQRNHfJ;.E..e
7, The plaintiff asks for attorney fees, to be paid to
Legal Services Inc" pursuant to the Protection from Abuse Act.
c, UAIYJLTO.YR{tCEerLItLf.QB,M'LP...A.JJp.fm
e, The plaintiff is currently enrolled at Harrisburg Area
Community College, and receives public assistance in the amount
of $316 per month.
9, The defendant is employed at McDonald's and the
plaintiff is unaware of his salary,
10, The plaintiff does not have funde ~v81lable to pay the
'ee8 'or flllnij and 8ervlca,
WHEREFOR&, pursuant to the provisions of the "Protection
'rom AbuSll Act" 0' October 7, 19711, 23 P,S, Section 6101 eJ:. ,U,Q"
8S amendGd, the plaintiff prays thie Honorable Court to grant the
following relie':
A. Grant a Temporary Order pursuant to the "Protection from
Abuse Act:"
1, Requiring the defendant to refrain from abusing the
plaintiff or placing her In fear of abuse,
2, Requiring the defendant to refrain from having any
contact with the plaintiff, Including, but not limited to,
entering the school which the plaintiff attends and
harassing or stalking the plaintiff,
3, Requiring the defendant to refrain from harassing
the plaintiff's relatives.
4. Ordering the defendant to stay away from the
residence located at e Dullea Drive, Apt 7H, Camp Hil',
Pennsylvania, which the parties have never shared.
5, Ordering the defendant to stay away from any
residence the plaintiff msy In the future establish for
herself; and
B, Schedule a hearing In accordance with the pr~vlsions 0'
ii the "Protection from Abuse Act," and, after BUGh hearing. enter
an order to be In effect for a periOd of one year:
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1. Requiring the defendant to refrain from abusing the
plaintiff or placing her in fear of abuse,
2, Requiring the defendant to retrain from having any
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contact with thl plaintiff, including, but not limited to,
entering the school which the plaintiff attends, and
harassing or stalking her,
3, Requiring the defendant to refrain from harasling
the plaintiff's relatives,
4. Ordering the defendant to stay away from the
residence located at 8 Dullse Drive, Apt, 7H, Camp Hill,
Penneylvania,
5, Ordering the defendant to stay away from any
residence the plaintiff may in the future establiah for
herself,
6. Ordering the defendant to pay the plaintiff'a
attorney's fees to Legul Services, lnc" pursuant to the
Protection From Abuse Act,
The plaintiff further asks that this Petition be filed and
served without payment of costs, pending a further order at the
hearing, and that a copy of this Petition and Order be delivered
to the New Cumberland and Camp Hill Borough Police Departments .s
the police departments with jurisdiction to enforce this Order,
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Th. abov.~nam.d plaintiff, Hiehll. D. Avel'Y, verifi.. that
the .tat.mlnt. mad. in the above Pltition are true and oorrlot.
The plaintiff under.tand. that falll .tatemel\ta h.rain ara mad.
.ubj.et to tha p.nlltie. ot 18 Pa. C.S. Sletion 4904, l'elatin9 to
unawol'n tal.itication to authoritie..
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Mioh.ll C. Avery, PIa n t
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SlIERIFJi"S RE'I'URN
~/lll Oli' PENNBYl,vANIA,
COlJm'V OF CLtolBERLAND
In The Court of Common Ple~$ of
Cumberland County, Pennaylvania
No. 906 Civil Term 1994
Temporary Protective Order
Protection from Abuse
Michelle D. Avery
VS
Dav id J. Ball
"
Dav id Rudy
, flhtxlcM<IOX OElputy Sherj,ff of
Cunberland COl,l/lt}', Pennsylvania, who being duly ewo,m according to law, says,
that he served the within
TemE2ra~-PL21~ive ~rder Protection From
Abuse
upon Dav id J. Hall
o'clock
.--1'_ .M, EST / lUlU, on the
25
I 19l1at
(McDonald'sl Rt. 63 and Carlisle Road, Camp Hill
Pennsylvania, by handing to _pav id .). fla 11-....______,
, Cunberllll\d County,
a true and attested copy of tbe Tem120rary Prq.tective Order~ Protection Prom
Abuse
and at the same time direcUng _JLt~_ attention to the contents thereof Md
the "Notice to Plead" endorsed thereon,
Sheriff's Costs,
Docketing
Service
Affidavit
Surcharge
So answcrs,
14. 00
8.96
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O;?'" _~i&-~",..c..,<:: -~~
R. ThCJll(ls Kli e, SherHf
by ! ) "'/ ' .
..//t 1) . )<"V _,__
,
Deputy Shl)riff
2.00
24. 96
SWam and subscribed to before me
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this 'I (!.
day of Iii., ,,,-._
19 " 'I A,O,
/-' j 11....-
l",),- I/"L _ L.t ,)~t l.'l'i~___ fl..YfJ;,
Prothonotar.y "
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IN THI COURT or COMMON PLEAS OF
CUM.IRL~ND COUNTY, PENNSYLVANI~
CIVIl, ~CTION ~ LAW
NO. ~06 CIVIL 1994
PROTECTION FROM ABUSE
MICHILLI D. AVIRY,
plaintilf
DAVID J. H~LL,
Dlfendlnt
PROTECTIVE QjWIB
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AND NOW, thi. ~__ day of Maroh, 1994, upon oon.ideration
of the Con.ent Aqrlement ot thl parties, the followinq Ol'der i.
ent.eredl
1. The deflndant, David J. Hall, is onjoined from
phy.icllly abueinq the plaintiff, Miohllle D. Avery, or from
~1loin9 her in fear of abusI.
a. Th" defendant. is enjoined from havinq any direot or
indirect oontaot with thl plaintiff, inoludinq but not. limited
to, tellphonl and written oommunieations, Interinq the
pleintiff'. sohool, etalkinq th" plaintiff, or hara..inq the
plainciff or her rllative..
3. The deflndant, David J. Hall, i. ordered to .tay awsy
from the re.idenol looatld at 8 Dullls Driva, Camp Hill,
Penn.ylvania, and trom any other reeidenoe the pl~int.iff may
e.t.abli.h for herellf in the fut.ure. The defendant shall .llk
modification of thi. Order before livinq with the plaintift in
any domioile .he may establish, wherlver it. may be.
4. Thi. ordsr .hall remain in Iffect for a period of one
yell'.
~. The laat flnnaboro Townahip and New Cumbel'land folioe
Deplrtmente will be providld with a certitied copi.a ot thi.
Ordlr by attornlY. tor plaintitf. Thia Ordel' ahall be entol'o.d
by any law entorc.mlnt aqency whln a violation occura by arre.t
for indil'ect criminal contempt. The arreat may be without
warrant upon probable cau.I that thi. Order haa beun violated,
whither or not the violation i. committed in the pre.enoe of the
police ofticer. In the eVlnt that an arrl.t ia made undlr thil
.Iction, the dltendant .hall not be taken to jail but .hall be
takln without unnece..ary dllay betore the Court that i.aued the
ordlr. When that Court ia unavailable, the detendant ahall be
arraiqned betore a district justice who ahall .et bail accordin9
to the provilions of Chaptlr 4000 of the fennlylvania Rule. ot
Criminal Procedure (23 fS Section 6113),
By the Court
(\". ( , t
arold E. Sheely, J.
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MICHIL~B D. AVERY
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I
I CUMBERLAND COUNTY, PENN~YLVANIA
I
I CIVI~ ACTION - LAW
I
I NO. 906 CIVIL 1994
I
I PROTECTION PROM ABUSE
I
VI.
DAVID J. HALL,
Defendant
CONSENT AGREEMENT
Thi. Agr.ement il entered on thi. day of Maroh,
1994, by thl plaintiff, Miohelle D. Avery and the defendant,
David J'. Hall. The plaintiff i. repre.ented by Joan Carey of
Legal Service., Inc., the defendant i. unrepre.ented but i. aware
of hi. right to have an attorney. The partie. agree that the
following may be entered a. an Order of Court.
1. The defendant, David J. Hall, agrees to refrain from
abu.ing thl plaintiff, Michelle D. Avery, or from placing her in
fear of abule.
2. The defendant agree. not to have any direct or indirect
contact with the plaintiff, including but not limited to
tellphone and written communications, entering the plaintiff'l
.chool, stalking the plaintiff, or haralsing the plaintiff or her
relatives.
3. The dafendant agrees to stay away from any residence the
plaintiff may eetablieh for herlelf in the future.
4. The dlfendant, although entering into this Agreement,
doe. not admit the allegations made in the petition.
~. The dafendant understands that the Protective Order
entered in thi. mattlr .hall be in effect for a period of one
year.
6. The detendant underatend. that thi. Qrdel' will be
enforceable in the .ame mennlr e. the Court'. prior Temporary
Protective Order entered in thi. ca.e.
WHEREFORE, the partie. rlque.t that an Order of Court be
entlred to reflect thl abovI term..
ofJi.a.lu/J .4,(. tJ~
Dav d J. Hall, etenclant
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Miohe~l.. D. Avery, Pla~n
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Joan a):'ey
Philip c. Briqanti
Attorneys for plaintiff
LEGAL SERVICES, INC,
8 Irvine Row
Carli.l., PA 17013
(717) 243-9400
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MI('m:'u~ I), AVl;:HY,
l' III 1/l1I fl'
IN '1'111': 1'1)1J1l'J' 01' I'l),WltON I'I.Jo:A,~ elF
('IIM/lJo:IlJ.ANIl ('O!JNTY. I'I',NNI;YIVAN' A
1'lVII, NT/ON .. LAW
v,
NO. '/Oll ('lVII, 1'1'14
DAVII) J, IIAl.l,.
Jluf'urulfln t
I'rUYl'H~I'JON 1'1l0M i\L\lI/jE
()IlIII~l\ "llR O)N'J'l NI}NlC:'::
ANIl NOW. th'"
~ ((/
j day of Mllrch. 1'1'/4. Ul'oll CllllHldcl'lIl111n Ill' thu lIttllchllrl
Mutllln for ('orlllllullrlce, thl' IIII111er sclwduled for hellrlll!! on Mllrcll 7. 1'194. III
huchy MCllur/llly cOlltinued. T/lI~ order is elllerl'd wlth'lUt prejudice ll) clttlu,"
p/lrty to reqllcHt II hemlllJ/.
'I'hc 'I'elllpol'llry I'rllll'cllvlJ Order will rl'01I1II1 ill effect for II period, or ulIC
,VCllr or ulltll II flrllll Ord,,!' j" erll"!'"d In this l:il,~l'.
A copy or thi" Ordl'r for l'nllllnulIllce will he pl'llvhl"d tll the l':IIRt l'ennHbllru
nnt! New ('umhurlnnll p<llke dcpllrtments hy the plllintiff'i'\ attornuy,
By thc ('olJrt,
UC < ,,{ fu.i1('-:',...."'~~ ____
(,;:'r<lld I'" IIheuIY,'- JI)<.I1l1l
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lIuII1Jl'iIfI,V (;OIlIIIl\IU llil~ IIIl1ltor IIlId lhlll thu 'I'L!lIIpU/'IlI',V J>r<>tl'cllvv Ordur 1",'11111111 In
ufh'cl until Jl,lrlhlll' Onlur 01' ,'Olll'l,
Hv~pccl I'u Ilv ~'Jhllllllvd,
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L~r;"r'l\rc,V. Mlnnlc,Vtf/'1' I'llIlntlfl'
1.1'.tIM, IWllVln:s, IN':.
H J rv J nv Ilow
Curl 1~lc. I'^ 1701.1
(717) 2~.1-114()O
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