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1994
va.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. /1 'I\"CIVIL 1994
PROTECTION FROM ABUSE
CONNIE F. WOLAVER,
Plaintiff
STEVE R. WOLAVER,
Defendant
AND NOW, this
TEMPORARY PROTECTIVE ORDER
1'~ day of March, 1994, at /6: ';1" o'clock,
fi .m., upon presentation and consideration of the within
Petition and within finding that the Plaintiff, connie F.
Wolaver, now residing at 2149 Newville Road, Carlisle, CUmberland
County, Pennsylvania, is in immediate and present danger of abuse
from the Defendant, Steve R. Wolaver, the following Temporary
Order is entered.
The Defendant, Steve R. Wolaver, now residing at 2149
Newville Road, Carlisle, Cumberland County, Pennsylvania, is
hereby enjoined from physically abusing the Plaintiff, Connie F.
Wolaver, for placing her in fear of abuse and is excluded from
the residence located at 2149 Newville Road, Carlisle, Cumberland
County, Pennsylvania, a residence which is owned by the
Plaintiff.
The Defendant is hereby notified that if he resides in the
Plaintiff's domicile contrary to this Order, he may be in
indirect criminal contempt, which is punishable by a fine not to
exceed $1,000.00 and/or by a sentence of up to six months in jail
and any other appropriate punishment.
H~R 9 2 3G , il'9~
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it may be.
The Defendant is ordered to refrain from entering the place
of employment of the plaintiff and from harassing the Plaintiff,
the Plaintiff's relatives or her minor children.
This Order shall remain in effect until a final Order is
A hearing shall be held on this matter on
Consent of the Plaintiff to the Defendant's resumption of
residence with the Plaintiff shall Jl2t invalidate this Order.
The Defendant shall seek modification (change) of this Order
before resuming residence in the Plaintiff's domicile, wherever
entered in this case.
Ig~
day of '111 a. L-e..JL
~.m., in Courtroom Number ~
Courthouse, Carlisle, Pennsylvania.
, 1994, at I; 30
o'clock,
the
, at the Cumberland County
The Cumberland county Sheriff's Office shall attempt to make
service at the Plaintiff's request, but service may be
accomplished under any applicable Rule of the Pennsylvania Rules
of civil Procedure.
The Pennsylvania State Police shall be provided with a copy
of this Order by counsel for the Plaintiff. This Order shall be
enforced by any law enforcement agency where a violation occurs,
by arrest for indirect criminal contempt without warrant, upon
probable cause that this Order has been violated, whether or not
the violation is committed in the presence of the police officer.
In the event that an arrest is made under this section, the
Defendant shall not be taken to jail, but shall be taken without
unnecessary delay before the Court that issued the Order. When
that Court is not available, the Defendant shall be arraigned
before a district justice who shall set bail according to the
provisions of Chapter 4000 of the Pennsylvania Rules of Criminal
Procedure (35 P.S. section 10190).
BY THE COURT,
~./l4
/
J.
vs.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. //'If' CIVIL 1994
PROTECTION FROM ABUSE
CONNIE F. WOLAVER,
plaintiff
STEVE R. WOLAVER,
Defendant
PBTITION FOR PROTBCTIVE ORDBR
RBLIBF UNDBR THB PROTBCTION FROM ABUSB
ACT. 35 P.S. SBCTION 10186 (1) at sea.
1. The Plaintiff, Connie F. Wolaver, is an adult individual
currently residing at 2149 Newville Road, Carlisle, Cumberland
county, Pennsylvania.
2. The Defendant, Steve R. Wolaver, is an adult individual
currently residing at 2149 Newville Road, Carlisle, Cumberland
county, Pennsylvania.
3. The parties were married on March 17, 1989.
4. The Plaintiff has initiated a divorce action requesting
a divorce based upon consent and upon indignities, which is
docketed in the Court of Common Pleas of Cumberland county to No.
924 civil 1994.
5. For the past several months, the Defendant has attempted
to cause and intentionally, knowingly or recklessly cause
bodily injury to the Plaintiff and by physical menace has placed
the Plaintiff in imminent serious bodily injury.
This has
included, but is not limited to, the following specific instances
of abuse as follows:
a. On March 2, 1994, in the early morning hours,
upon Plaintiff's return home from work, Defendant demanded that
she have sex with him. Defendant threatened to tear or rip off
the Plaintiff's clothing, which he had done in the past, and in
so doing, forced the Plaintiff to disrobe, whereupon he had
forced sexual intercourse with her despite her protestations.
Later in the morning of March 2, 1994, Defendant again awoke and
demanded that plaintiff have sex with him. Plaintiff had dressed
since the prior incident of forced sexual intercourse and refused
to have intercourse with the Defendant. Defendant again
threatened to rip off the Plaintiff's clothing and Plaintiff
attempted to leave the bedroom. When Plaintiff attempted to
leave the bedroom, Defendant grabbed her by the arm and pulled
her down to the bed, pinning her arms above her head. Defendant
then attempted to physically pry Plaintiff's legs apart,
demanding that she "spread your legs so I can fuck youl"
Plaintiff continued to resist Defendant and ultimately was able
to free her hand to grab the Defendant's hair, at which time the
Defendant then began to choke the Plaintiff, indicating he would
kill her. The Plaintiff ultimately left go of the Defendant's
hair and the Defendant attempted to pry the Plaintiff's legs
apart demanding that she allow him to engage in sexual
intercourse. Plaintiff ultimately screamed to her 15 year old
daughter, who was in another part of the house, to call the
pennsylvania state POlice, whereupon the Defendant, apparently
out of fear, left the bedroom, showered and left the house for
work. The actions of the Defendant caused bruises about the
plaintiff's neck and legs and required medical attention at the
Carlisle Hospital. The plaintiff has filed criminal charges
against the Defendant for this incident.
b. In one incident in February, 1994, Defendant
demanded sex from the plaintiff. When she refused, he threatened
that he would rip off her clothing. When she continued to
refuse, the Defendant, in fact, ripped off a long zippered robe
from the plaintiff and forced himself upon the Defendant
sexually.
c. Over the past three months, the Defendant has upon
repeated occasions threatened to kill the plaintiff and has
threatened to have someone kill the plaintiff H the plaintiff
disobeys him.
d. Defendant has threatened the Plaintiff that he will
destroy her house and her furnishings, her garden, her pond and
other personal property items at her home if she fails to comply
with his demands.
e. Defendant has threatened to harm the plaintiff's
pets and animals that she has at the home and, in fact, has taken
the Plaintiff's cat or has killed the plaintiff's cat within the
last several days before the filing of this Petition.
f. On repeated occasions in the past, Defendant has
pushed the plaintiff around the house from room to room, or drug
her from room to room by grabbing her arm and forcing her
routinely into the parties' marital bedroom where he blocks the
doorway to the bedroom until Defendant has been successful in
forcing sexual intercourse upon the Plaintiff.
6. Despite the fact that plaintiff has attempted to sleep
at other places in the home other than the marital bedroom,
Defendant has forced himself upon her sexually.
7. The Plaintiff has a daughter, Tasha, who is 15 years of
age and who, likewise, is in fear of the Defendant based upon his
abuse of the plaintiff and the minor child's fear that the
Defendant may abuse her. This is particularly true due to the
Defendant's threats that he will get to the plaintiff through her
child or her animals.
8. The Plaintiff believes and, therefore, avers that she is
in immediate and present danger of abuse from the Defendant
should the Defendant be permitted to remain in the Plaintiff's
home and that plaintiff is in need of protection from such abuse.
9. Further, Plaintiff is in fear of abuse from the
Defendant due to the fact that plaintiff has processed criminal
charges against the Defendant for his actions.
10. The Plaintiff desires that Defendant be restrained from
entering her place of employment or harassing her, her relatives
or her minor child.
11. The home in which the parties reside is the plaintiff's
premarital residence.
12. The Defendant has stayed outside of the parties'
marital home on several occasions overnight, particularly from
Saturday night until sunday night, which indicates he has another
residence where he could stay if he so desires.
13. The plaintiff desires exclusive possession of her
premarital residence so as to provide and retain the greatest
continuity for her minor child and to allow her minor child to
attend school and social activities from the residence she has
known for the past eight years.
WHEREFORE, pursuant to the provisions of the "Protection
From Abuse Act" of October 7, 1976, 35 P.S. section 10181 et
seq., as amended, Plaintiff prays your Honorable Court to grant
the following relief:
A. Grant a Temporary protective 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 whatsoever with the plaintiff, including, but not limited
to, restraining the Defendant from entering the place of
employment of the plaintiff, and requiring the Defendant to
refrain from harassing the Plaintiff, the Plaintiff's relatives
or her minor child:
3. Granting possession of the home at 2149 Newville
Road, Carlisle, cumberland County, pennsylvania to the Plaintiff
to the exclusion of the Defendant pending a final Order in this
matter: and
an order to be in effect for a period of one year:
1. Requiring the Defendant to refrain from abusing the
Plaintiff or placing her in fear of abuse;
2. Requiring the Defendant to refrain from havinq any
contact with the Plaintiff, including, but not limited to,
restraining the Defendant from entering the place of employment
of the Plaintiff and requiring that the Defendant not harass the
plaintiff, the Plaintiff's relatives or her minor child;
3. Granting possession of the home located at 2149
Newville Road, Carlisle, Cumberland County, Pennsylvania, to the
Plaintiff and to the exclusion of the Defendant; and
4. ordering the Defendant to stay away from any
residence plaintiff may establish in the future for herself and
her minor child.
B. Schedule a hearing in accordance with the provisions of
the "Protective From Abuse Act", and, after such hearing, enter
4. Order the Defendant to stay away from any residence
Plaintiff may establish in the future for herself and her minor
child.
The plaintiff prays such other relief that the Court deems
just and proper.
Respectfully submitted,
GRIFFIE & ASSOCIATES
e L. Griff re
Atto ey for Pla
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
,._.....;~~
I verify that the statements made in the foregoing document
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
DATE:
Y!lfi/l-<' j 8 J?<J ~
~~-l~
connie F. Wolaver
SHERIFF'S RETURN
a:::M-lONWEAL'l1I OF PENNSYLVANIA.
COlJNl"{ OF CLMBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 1145 Civil Term 1994
Temporary Protective Order
Protection From Abuse, Notice and
Petition for Protective Order
Connie F. Wolaver
VS
Steve R. Wolaver
David Rudv
. ~~OIIX Deputy Sheriff of
Cunberland County, Pennsylvania, who being duly sworn according to law, says,
Temporary Protective Order Protection From Abuse,
that he served the within Notice and Petition for Protective Order
upon
Steve R. Wolaver
, the defendant, at 6:55
o t clock
P
.M. EST / Ii\~ on the 09
day of
March
, 19..2,!at
Landis Inc.. Mt. Hollv Sorinas ' Cunberland County,
Pennsylvania, by handing to Steve Wolaver
Temporary Protective Order Protection From
a true and attested copy of the Not ice and Petit ion for Protective Order,
and at the same time directing
his
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs.
Docketing
Service
Affidavit
Surcharge
14.00
3.92
2.00
19.92 Pd. by Atty.
3-11-94
~ ~
r ..7,7~""""''<: 1~~
by
R. ThClJ18~Kline, Sheriff
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I
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;,'Jl4;i':~ ./
Deputy she~
Sworn and subscribed to before me
this 15 <!::
day of 'Y11..H/~
19 Iii A.D.
9'-'1" - 6'. }h~ Al'~.
Prothonotary
621J.3...w..
CONNIB F. WOLAVER,
Plaintiff
IN TIlB COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PBNNSYLV ANlA
v.
CIVIL ACTION - LAW
NO. 1145 CIVIL 1994
STEVB R. WOLAVER,
Defcndant
PROTECTION FROM ABUSE
ANSWBR TO PETITION FOR PROTECTlVB ORDBR
AND NOW, comcs Dcfcndant, Stcvc R. Wolavcr, by his attorncys MARTSON,
DEARDORFF, WILUAMS & OTIO, and avcrs as follows in responsc to Plaintifrs Pctition.
I. Admitted.
2. Admitted that Dcfcndant had been living at 2149 Ncwvillc Road, Carlislc,
Cumberland County, Pcnnsylvania, prior to thc cntry of thc Court's Ordcr of March 9, 1994.
At thc present timc, Dcfcndant has no pcnnancnt address.
3. Admitted.
4. Admitted that Plaintiff has initiated a divorcc action; howcvcr, it is dcnied that
thcre are any grounds for indignitics.
5. Dcnied. At no timc has Dcfcndant cvcr attcmpted to causc or caused bodily
injury to thc Plaintiff, or madc threats with respect thcreto. To thc contrary, Dcfcndant has
donc cvcrything in his powcr to accommodatc Plaintifrs cmotional difficultics. It is specifically
dcnied as follows:
A. Whilc it is admitted that Plaintiff and Dcfcndant had scxual relations aftcr shc
returned from work at about 3:00 A.M. on March 2, 1994, this was cntirely
consensual. It is specifically dcnied that Dcfcndant tore or ripped any articlc of
Plaintifrs clothing, forced hcr to disrobe, forced hcr to havc sexual intcrcourse,
or threatcned or abused hcr in any othcr way. On thc contrary, Plaintiff becamc
angry with Dcfcndant aftcr thcy had scxual intcrcoursc in thc coursc of which shc
assaulted him, grabbing his hair and pulling on it. Dcfcndant squeezed hcr fist
for thc solc purposc of having hcr releasc hcr grip on his hair, thcn pushed hcr
away two or three timcs as shc continued to advancc toward him. At no timc did
Dcfcndant strikc any blow to Plaintiff, or attcmpt or threatcn to do so. It is
admilled that Plaintiff shouted to her daughter to call the police; however, to the
best of his knowledge this was not done. Defendant left for work at the usual
time, between 5:30 and 6:00 A.M. Defendant has no knowledge of any bruises
about Plaintifrs neck or legs, or any medical allention she may have received,
but avers that this was not caused by him if any such existed. Defendant
understands that Plaintiff subsequently contacted the police based on infonnation
received.
B. Denied that Defendant ever demanded sex from the Plaintiff. On the contmry,
any sexual relations Defendant had with Plaintiff were always consensual. In
fact, Defendant was very sensitive to Plaintifrs emotional difficulties with regard
to sexual relations based on infonnation Plaintiff had confided in him regarding
problems of that nature in a prior marriage. It is specifically denied that
Defendant ripped off a long zippered robe from the Plaintiff and forced himself
upon her sexually.
C. Denied. Defendant has never threatened to kill the Plaintiff or threatened to have
someone else kill the Plaintiff if Plaintiff disobeys him. On the contmry,
Defendant has always treated the Plaintiff with respect and courtesy as his wife.
D. Denied that Defendant ever threatened to destroy Plaintifrs house. or furnishings,
or garden, or pond, or other personal items at her home if she fails to comply
with his demands. On the contmry, Defendant has always treated the Plaintiff
with respect and courtesy as his wife.
E. Denied that Defendant ever hanned or threatened to hann Plaintifrs pets and
animals. To the contmry, Defendant at all times tolemted with great restmint
Plaintifrs numerous cats.
F. Denied that Defendant ever pushed or dmgged the Plaintiff around the house, or
in any other way acted aggressively toward her. On the contmry, Defendant has
always treated the Plaintiff with respect and courtesy as his wife.
6. Denied that Defendant ever forced himself upon Plaintiff sexually. On the
contmry, Plaintiff, who has untreated emotional difficulties that were well known to Defendant,
had a separate bedroom available for her use. The parties had an understanding that when she
used this separate bed it meant she wanted to be by herself. Defendant always respected that,
was supportive of Plaintiff in that regard, and never attempted to disturb her when she was
sleeping in her separate bed.
7. Denied that Defendant ever abused or threatened to abuse Plaintiffs daughter,
Tasha. On the contrary, Defendant believes he has a good relationship with Tasha, and believes
this is reciprocal. Defendant denies that Tasha has any fear that he may abuse her, and avers
that any such fear is totally unfounded.
8. Denied. Plaintiff is not now, and has never been, in danger of abuse from the
Defendant.
9. Denied. Plaintiff is not now, and has never been, in danger of abuse from the
Defendant. While it is admitted that Defendant is angry atleaming that Plaintiff has apparently
complained to the police that he assaulted and raped her, which complaints are totally false and
unfounded, it is denied that Defendant would ever act on that anger in a physical way. In fact,
Defendant has had several meetings with Plaintiff since the entry of the Court Order which,
while not exactly friendly, were at least cordial.
10. Defendant has no desire to enter Plaintiffs place of employment or to harass her,
her relatives or her minor child.
II. Admitted.
12. Denied that Defendant has another residence where he could stay if he so desires.
On the contrary, Defendant has been forced to impose temporarily on friends, and is now in the
process of obtaining a personal residence.
13. No answer required.
WHEREFORE, Defendant has no objection to the entry of an Order that he stay away
from Plaintiff, her relatives, her employment and her residence, and is agreeable to the entry
of an Order in accordance therewith; however, Defendant requests your Honorable Court to add
two provisos to that Order as follows:
A. As Defendant was forced to leave many items of personal property behind in the
marital residence, and has no place to store them as of this date, Defendant
requests that Plaintiff be ordered responsible for the safe-keeping of all items of
marital personal property and separate personal property of Defendant, and be
enjoined from disposing of same pending further Order of your Honorable Court;
and
B. Defendant believes this marriage can be saved if he and Plaintiff can work
through their difficulties, and has, consequently, reqUl:sted marriage counseling
as part of the divorce action. Defendant, therefore, requests your Honorable
Court to exclude marital counseling from the general prohibition of contact with
Plaintiff.
Respectfully submitted
MARTSON, DEARDORFF, WILUAMS & OTIO
By 'I ~GA--? {).,JL ~
Thomas J. Williams, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Date: March 16, 1994
VERIFICATION
The foregoing Answer to Petition for Protective Order is based upon infonnation which has
been gathered by my counsel in the preparation of the lawsuit. The language of the document
is that of counsel and not my own. I have read the document and to the extent that it is based
upon infonnation which I have given to my counsel, it is true and correct to the best of my
knowledge, infonnation and belief. To the extent that the content of the document is that of
counsel, I have relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Fa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
avennents, I may be subject to criminal penalties.
'7\~ d,lJ.()~
Steve R. Wolaver
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Answer to Petition for Protective Order was
served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage
prepaid, addressed as follows:
Bradley L. Griffie, Esquire
Bradley L. Griffie & Associates
200 North Hanover Street
Carlisle, PA 17013
MARTSON, DEARDORFF, WIWAMS & OTTO
{~~?
VvJ(~
By
Thomas J. Williams, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Dated: March 16, 1994
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.
1.
CONNIE F. WOLAVER, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. . CIVIL ACTION - LAW
.
.
.
STEVE R. WOLAVER, . NO. 1145 CIVIL 1994
.
Defendant . PROTECTION FROM ABUSE
.
~I~L PROTECTrOH ~ROM ABUSB ORDER
AND NOW, this /I~day of March, 1994, the following Order is
entered:
The Respondent, Steve R. Wolaver, shall refrain from
abusing, harassing, and threatening the Petitioner and
Petitioner's minor daughter, or placing them in fear. of abuse in
any place where they may be found.
2.
The Petitioner, Connie F. Wolaver, is hereby given exclusive
possession of the marital residence located at 2149 Newville
Road, Carlisle, Cumberland County, Pennsylvania, and the
Respondent is hereby evicted from said premises and directed not
to enter upon the premises or the vicinity of the premises during
the duration of this Order or until further Order of Court.
3.
Respondent shall not enter, attempt to enter, nor visit any
residence or establishment in which Plaintiff resides, visits or
is employed while this Order is in effect.
4.
Respondent may have contact with Petitioner solely for
purposes of marriage counseling and solely at the marriage
counselor's sessions in the event such counseling occurs.
5.
The parties are mutually enjoined from selling, alienating
or in any way disposing of all personal property in either
party's position without written agreement or further Order of
Court.
6.
This Order shall remain in full force and effect until one
(1) year from the date of this Order.
7.
THIS IS AN ORDER OF COURT. ANY VIOLATION OF THIS ORDER
SHALL CONSTITUTE CONTEMPT OF COURT AND MAY BE PUNISHABLE BY A
FINE OF UP TO $1,000.00 AND A JAIL SENTENCE OF UP TO SIX (6)
MONTHS.
8.
Counsel for Petitioner shall provide a certified copy of
this Order to the Pennsylvania State Police.
9.
TO THE POLICE: Under the Protection From Abuse Act, you are
authorized to arrest the Respondent, Steve R. Wolaver, for a
violation of this Order without a warrant upon probable cause,
whether or not the violation is committed in the presence of a
police officer. Subsequent to such arrests, the Respondent shall
be taken without unnecessary delay before this Court.
If the
Court is unavailable, the Respondent shall be arraigned before a
District Justice.
This Order shall be enforced by any law
enforcement agency in any county where a violation of the Order
occurs.
By the Court,
4J:L.
HESS, Judge
. .
CONNIE F. WOLAVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
STEVE R. WOLAVER,
Defendant
NO. 1145 CIVIL 1994
PROTECTION FROM ABUSE
CONSBNT AGREBMENT
This Consent Agreement is made between Petitioner, Connie F.
Wolaver, and Respondent, Steve R. Wolaver.
The parties agree to the entry of the attached Final
Protection From Abuse Order as an Order of the Court of the
Common Pleas of Cumberland County, Pennsylvania.
The Respondent has been advised of his right to counsel in
this matter and that an attorney will be appointed to represent
him if he cannot afford one. The Respondent has consulted with
the law firm of Martson, Deardorff, Williams and otto and been
advised of his rights in these proceedings as well as his rights,
responsibilities and obligations under the attached Final
Protection From Abuse Order.
The parties agree that, in the procurement of this Consent
Agreement, there has been no fraud, concealment, overreaching,
coercion, or other unfair dealing, and that both parties have
freely, voluntarily and knowingly entered in to this Consent
Agreement.
The Respondent denies the allegations in petitioner's
Petition, but agrees to the entry of the attached Final
Protection From Abuse Order.
WITNESS:
r:. ~7.W-~.
CONNIE F. WOLAVER
.3-/,f'-r~
Date
~~4Il ~ ~~6. --
Thomas J. i11iams, Esq.
~.c,.,..Q, ((, uJJJ,4 n~
STEVE R. WOLAVER
3-/~f
Date