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HomeMy WebLinkAbout94-01200 ~ W 0.. E- rr . ANITA M. PEMPEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF . . : CUMBERLAND COUNTY, PENNSYLVANIA . . : CIVIL ACTION - LAW . . NO. I J..O 0 CIVIL 1994 v. . . : DENNIS M. WIRE, Defendant : PROTECTION FROM ABUSE . . TEMPORARY PROTECTIVE ORDER AND now, this ~day of March, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Anita M. Pempey, now residing at 12 South Filbert Street, Apt 4C, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Dennis M. Wire, the following Temporary Order is entered. The defendant, Dennis M. Wire, currently residing at an 'unknown location, is hereby enjoined from physically abusing the plaintiff, Anita M. Pempey, or placing her in fear of abuse and is excluded from the residence located at 12 South Filbert Street, Apt 4C, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff, and is not leased by the defendant. 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 contact with the plaintiff including, but not limited to, entering the place of employment of the plaintiff and harassing or stalking the plaintiff. The defendant if further ordered to refrain 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~ ~ay Of~, 1994, at 1:(JOA.m. in Courtroom NO.~, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 and Hampden Township Police Departments 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, IJ ~v( ( - ~,.---- J. J \ \. or" ~ ell' . ~~ 'i- -'\{ l' ~ ,\ ~ ANITA M. PEMPEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF . . : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. : NO. CIVIL 1994 DENNIS M. WIRE, Defendant . . : PROTECTION FROM ABUSE . . NOTICE 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 ",!-'. ANITA M. PEMPEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. CIVIL 1994 DENNIS M. WIRE, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 12 South Filbert street, Apt. 4C, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The defendant is an adult individual residing at an unknown location. 3. The defendant is the plaintiff's former intimate partner. 4. Since approximately 1993, 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 March 5, 1994, the defendant kicked the plaintiff in her lower back, causing her to stumble through the doorway. The plaintiff suffered soreness and bruising. The plaintiff, fearing for her safety, left her residence. b. In or about February 1994, the defendant threw his work boot at the plaintiff, who jumped out of the way to avoid being hit. Fearing for her safety, the plaintiff left her residence. c. In or about November 1993, the defendant grabbed the plaintiff by her upper arms with both hands and forcefully slammed her body and head against the wall, causing the plaintiff to have soreness to the back of her head. d. In or about September 1993, the defendant threw a portable phone at the plaintiff, and the plaintiff jumped out of the way to avoid being hit. The defendant then came at the plaintiff, grabbed her by the shirt, and pushed her several times. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she remain in the home without defendant's exclusion and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be restrained from entering her place of employment or having any contact with her, harassing or stalking the plaintiff or plaintiff's relatives. B. EXCLUSIVE POSSESSION 7. The home from which the plaintiff is asking the Court to exclude the defendant is rented in the name of Anita M. Pempey. C. ATTORNEY FEES 8. The plaintiff asks for attorney fees to be paid to Legal services, Inc., pursuant to the Protection from Abuse Act. WHEREFORE, pursuant to the provisions of the "protection from Abuse Act" of October 7, 1976, 23 P.S. section 6101 n ust., 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 plbintiff, including, but not limited to, entering the place of employment of the plaintiff and from harassing or stalking the plaintiff and from harassing the plaintiff's relatives. 3. Granting possession of the apartment located at 12 South Filbert Street, Apt 4C, Mechanicsburg, Pennsylvania to the plaintiff to the exclusion of the defendant pending a final order in this matter; 4. Ordering the defendant to stay away from the residence located at 12 South Filbert street, Apt 4C, Mechanicsburg, Pennsylvania. 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; and 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 entering the place of employment of the plaintiff and from harassing or stalking the plaintiff and from harassing the plaintiff's relatives. 3. Granting possession of the apartment located at 12 South Filbert street, Apt 4C, Mechanicsburg, Pennsylvania to the plaintiff to the exclusion of the defendant. 4. Ordering the defendant to stay away from the residence located at 12 South Filbert Street, Apt 4C, Mechanicsburg, Pennsylvania. 5. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 6. 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, and that a copy of this Petition and Order be delivered to the Mechanicsburg and Hampden Township Police Departments as the Police Departments with jurisdiction to enforce this Order. . The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, J;-.~:r[!~ Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 The above-named Plaintiff, Anita M. Pempey, 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 Pat C.S. 64904, relating to unsworn falsification to authorities. Date: /).3)11 /1<( ./ .:l ( /Lhd,,-, -Anita M. Pempe . ._0._'''""" "'-"'-'." ~ 0" .~ . t . "i e, N ~~ ~ t,; .".. ~ C CI") - ,- ~ ~ .- ~ - :r.: . f~ t- -7 . ~." - l.. ~I . . ~ ~ ~ j ~ -- $?l,) Iv.; ~ ~ ~ ~ -, "'-': ~ SHERIFF'S RETURN CCM100WEAIlll1 OF PENNSYLVANIA: COUNl'Y OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 1200 Civil Term 1994 Temporary Protective Order Protection From Abuse Notice and Petition Anita M. Pempey VS Dennis M. Wire Timothv Reitz , ~~ Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, Temporary Protective Order Protection From Abuse that he served the withirnotice and Petition upon Dennis M. Wire , the defendant, at 5:05 o I clock p.M. EST / ~X on the day of March , 19 94at 11 1227 York Road, Mechanicsburg Pennsylvania, by handing to Dennis M. Wire , CUnberland County, 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 5.60 So answers: ...-/? ,:7 /./ r"'" ~<-r_r~ R. Thomas Kline, Sheriff 2.00 21.60 Pd. by Pltff. 3-15-94 by Sworn and subscribed to before we this I f ~ day of 7/11/-<A1-/ 19 'i<{ A.D. \J...u.- r.. nl<{{<- A.ip~, prmonoftlry ANITA M. PEMPEY, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. DENNIS M. WIRE, Defendant NO. 1200 CIVIL TERM 1994 PROTECTION FROM ABUSE ORDER POR CONTINUANCE '\ AND NOW, this) \ ~-- day of March, 1994, upon consideration of the attached Motion for continuance, the matter scheduled for hearing on March 21, 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 period of one year or until a final Order is entered in this case. A copy of this Order for continuance will be provided to the Mechanicsburg and Hampden Township Police departments by the plaintiff's attorney. By the Court, ( l-~_.L~1 ( - - SLCL{ , ..... - Harold E. Sheely, Judge HAR 21 3 57 PH '911 . . ,flCE 'jf~'j. i" _. THON~i7Ai1Y CUI<Il:i'I.MtO Cf-,L~TY FENNSYLVANIA ANiTA H. PEMPEY, plaintiff : IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 1200 CIVIL TERM 1994 PROTECTION FROM ABUSE DENNIS M. WIRE, Defendant MOTION FOR COHTIHUAHCB 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 11, 1994, scheduling a hearing for March, 21, 1994, at 9:00 A.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 and Hampden Township Police departments 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, .~(cJ~/ ;/ , . Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 ...., _,~..i_l ANITA M. PEMPEY, plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : CIVIL ACTION - LAW vs. NO. 1200 CIVIL 1994 . . : PROTECTION FROM ABUSE DENNIS M. WIRE, Defendant : . . AND NOW, PROTECTIVE ORDER this ~l~day of March, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Dennis M. Wire, is enjoined from physically abusing the plaintiff, Anita M. Pempey, or from placing her in fear of abuse. 2. The defendant is enjoined from having any contact with the plaintiff including, but not limited to, stalking the plaintiff, and from harassing the plaintiff or her relatives. 3. The defendant, Dennis M. Wire, is ordered to stay away from the premises located at 12 South Filbert Street, Apt. 4C, Mechanicsburg, Pennsylvania. 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 and/or by a sentence of up to six months in jail and any other appropriate punishment. I Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order HAft 22 ~ 14 PH '9~ FlU v-OFFICE or TilE Pj(OTHONOTA~Y CUMBERLAND COUNTY PENNSYLVANIA. - directing the defendant to refrain from abusing the plaintiff. 4. The defendant, Dennis M. Wire, is ordered to stay away from any residence the plaintiff may establish for herself in the future, wherever it may be. 5. This Order shall remain in effect for a period of one year. 6. The Mechanicsburg and Hampden Township Police Departments will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency when a violation occurs and an arrest for indirect criminal contempt. The arrest may be 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 PS Section 6113). 7r:;~ -flL/ Harold E: Sheely, J. ANITA M. PEMPEY, IN THE COURT OF COMMON PLEAS OF Plaintiff vs. DENNIS M. WIRE, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1200 CIVIL 1994 PROTECTION FROM ABUSE CONSENT AGREEMENT This Agreement is entered on this day of March, 1994, by the plaintiff, Anita M. Pempey and the defendant, Dennis M. Wire. The plaintiff is represented by Joan Carey of Legal Services, Inc.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Dennis M. Wire, agrees to refrain from abusing the plaintiff, Anita M. pempey, and from placing her in fear of abuse. 2. The defendant agrees not to have any contact with the plaintiff. 3. The defendant agrees not to stalk the plaintiff or harass the plaintiff or her relatives. 4. The defendant agrees to stay away from the residence located at 12 South Filbert Street, Apt 4C, Mechanicsburg, Pennsylvania. 5. The defendant agrees to stay away from any residence the plaintiff may establish for herself in the future. 6. The defendant, although entering into this Agreement, does not admit the allegations made in this Petition. 7. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 8. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. " ~~~ Dennis M. Wire, Defendant Joan Carey Attorney for Pl intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400