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HomeMy WebLinkAbout94-01189 -j - ~ . z: \ I ~ V) JANET L. SHIVELY, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. / (81 CIVIL 1994 PROTECTION FROM ABUSE BARTON W. SHIVELY, Defendant rJ;MP_QRARY PROTj:C't!VE ORDER AND NOW. this____,Lg_~__daY of March, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Janet L. Shively, now residing at 421 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Barton W. Shively the following Temporary Order is entered. The defendant, Barton W. Shively, now residing at 4341 Carlisle pike, Camp Hill, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Janet L. Shively, or placing her in fear of abuse and is ordered to stay away from the residence located at 421 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, a re~idence which owned by the plaintiff's parents Kenneth and Lois Bower. 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. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order directing the defendant to refrain from abusing the plaintiff. The defendant shall seek modification of this Order before resuming residence in the plaintiff's domicile, wherever it may be. The defendant is ordered to refrain from having any unnecessary contact with the plaintiff including, but not limited to, harassing or stalking the plaintiff and from harassing the plaintiff's relatives. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the /~ day of March. 1994, at ~:~~.m. in Courtroom NO.--JI__, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in formq Qg~pe~~~ pending a further order after the hearing. 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 Civil Procedure. The Mechanicsburg Police Department will be provided with a copy of this Order by attorneys 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 unavailable, 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 (23 Pa.C.S.A. Section 6113). By the Court, J. -:r en ~~ ,.. ~ :n .-. ,,,> \.'. ":l._ = '" ~ JANET L. SHIVELY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. CIVIL 1994 BARTON W. SHIVELY, Defendant PROTECTION FROM ABUSE r.iOnc..E You have been sued in court. If you wish to defend against the claims set forth in the fOllowing pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the Court may proceed 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) 240-6200 .'- . .--,...- JANET L. SHIVELY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. CIVIL 1994 BARTON W. SHIVELY, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTIVE O~DER RELI~~UNDER T_~E_~~Q~ECTION FROM ABUSE ACt 2_3_P~_,_~~C;n_QIL~~Ql A. hBUl?J;; 1. The plaintiff is an adult individual whose permanent address is 421 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The defendant is an adult individual residing at 4341 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The defendant is the adult son of the plaintiff. 4. Since approximately 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury 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 February 28, 1994, the defendant became enraged, grabbed the plaintiff by her throat and shoved her against the counter, resulting in bruising and soreness to her throat, shoulder, and chest. b. In or about February 1994, the defendant threatened the plaintiff saying he would enter the home while she was sleeping and kill her, causing the plaintiff to fear for her safety. c. On or about January 29, 1994, when the defendant became enraged with the plaintiff, the plaintiff feared for her safety and attempted to call the police, but the defendant punched the dial of the telephone with his fist, breaking the telephone and struck the plaintiff, knocking her glasses from her face. d. On or about July 19, 1992, the defendant used his body to ram into the plaintiff, causing her to suffer a nosebleed and fall backwards onto the cement pavement. e. In or about September 1990, the defendant became angry with the plaintiff, grabbed her arm and leg, and attempted to throw her from her chair. 5. The plaintiff believes and therefore avers that she 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 restrained from entering her home, or having any contact with her, harassing or stalking the plaintiff, and from harassign the plaintiff's relatives. B. EXC_L1I1UVJLJ'_OSJ!~S:;;JOli 7. The home from which the plaintiff is asking the Court to exclude the defendant is owned in the names of Kenneth and Lois Bower and the defendant currently does not reside there. C . fLT_TOl1li~Y__ F:~E_~ 8. The plalntiff asks for attorney's fees to be paid to Legal Services. Inc., pursuant to the Protection from Abuse Act. D. STA';l'U~L'tO P~QCi:_~!Lll! FORMA PAUPERI~ 9. The plaintiff receives Social Security Disability in the amount of $697 per month. 10. The plaintiff because of her financial circumstances is unable to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. Section 6101 et seq., as amended, the plaintiff prays this Honorable Court to grant the following relief: 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, harassing or stalking the plaintiff and from harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from the residence located at 421 West Keller Street, Mechanicsburg, Pennsylvania. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter 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 having any contact with the plaintiff, including, but not limited to, restraining the defendant from harassing or stalking the plaintiff and from harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from the residence located at 421 West Keller Street, Mechanicsburg, Pennsylvania, 17055. 4. Ordering the defendant to stay away fro~ any residence the plaintiff may in the future establish for herself. 5. Ordering the defendant to pay attorney fees to Legal Services, Inc., 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 Mechanicsburg Police Department as the Police Department with jurisdiction to enforce this Order. f""--""'."".'."''''''''''''''!!' The plaintiff prays for such other relief as may be just and proper. Respectfully submitted. ~iareY--- ' Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, Pa 17013 (717) 243-9400 .."_'=~"""'~ 'L."'/"'~~''''_ The above-named Plaintiff, Janet L. Shively, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 64904, relating to unsworn falsification to authorities. Date: {3 - '1-.::.3 ~ o \",...J ~ a:. ~"... ...- ~- ......'!"':..\ ~ "'- ~ ('<) .1,. (:~ ;.;.'~ c ....,. c:::> - ::.; ~ =-== ,> ~ ~ SHERIFF'S RETURN ca+IONWEAL'lll OF PENNSYLVANIA, COUNI'Y OF ClWlERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 1189 Civil Term 1994 Temporary Protective Order Protection From Abuse Notice and Petition Janet L. Shively VS Barton w. Shively Timnthy Rpi tz , ~xjbpr Deputy Sheriff of Cunberland County, Pennsylvania, who being duly swam according to law, says, Temporary Protective Order Protection From Abuse that he served the within Nnti ce and Pe t i ti nn upon BRrtnn W. Shivp]y , the defendant, at 7 : 16 0' clock p.M. EST /~, on the 10 day of March , l~at 4341 Carlisle Pike, Camp Hill , Cumberland County, Pennsylvania, by handing to Barton W. Shively Temporary Protective Order Protection From a true and attested copy of the Abuse Notice and Petition 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 7.84 So answers. ,1 ~~ -..~ V . ,.... ~:r..,.,."......<: _ c.4! R. Thanas Kline, Sheriff 2.00 23.84 by Swam and subscribed to before me this I!<!::' day of 'nlo.alJ 19 1'1 A.D. C L,,-__ O. >>t..tt___ U~ie;;./ fl . , # Prothonotary JANET L. SHIVELY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 1189 CIVIL 1994 BARTON W. SHIVELY, Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE c AND NOW, this IS day of March, 1994, upon consideration of the attached Motion for continuance, the matter scheduled for hearing on March 15, 1994, is hereby generally continued. This Order is entered without prejudice to either party to request a hearing. The Temporary Protective Order will remain in effect for a ..f:'....... -h ol~ \) ...I..c.r period of one year gr aRtil a final Order is entered in this case. A copy of this Order for Continuance will be provided to the Mechanicsburg Police department by the plaintiff's attorney. By the Court, ~/_. 4/L I\EV I. A. ItesS,,J: Ha~~lJ E. SaGely, ~UQqe //. /' I "0 ."'1 J 01" ':) J ", '9~ '. i, ~ :\ ~';:o_" '.- ---- f":".;' .. .#0. MOTION FOR CONTINUANCB The plaintiff moves the Court for an Order to generally continue the hearing in the above-captioned case on the grounds that: 1. A Temporary Protective Order was issued by this Court on March 10, 1994, scheduling a hearing for March, 15, 1994, at 3:30 p.m. 2. The parties are in the process of executing a consent agreement. 3. The plaintiff requests a general continuance to afford the parties time to execute the Consent agreement. 4. The plaintiff requests that the Temporary Protective Order remain in effect pending further order of court. 5. A copy of the Order for Continuance will be delivered to the Mechanicsburg Police department by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant the motion to generally continue this matter and that the Temporary '. .... Protective Order remain in effect until further Order of Court. Respectfully submitted, Jc-.J(~ / ! '- j Joan carey, Attorney for plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400