Loading...
HomeMy WebLinkAbout94-01512 o c ~ c.. ~ ) J DAWN L. CARRENO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94 - /.5'/.:( CIVIL TERM : PROTECTION FROM ABUSE BRADLEY D. COMBS, Defendant TEMPORARY PROTECTIVE ORDER AND NOW, this ~5~ day of March, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, DAWN L. CARRENO, now residing at 1131 Primrose Avenue, Camp Hill, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, BRADLEY D. COMBS, the fOllowing Temporary Order is entered. The defendant, BRADLEY D. COMBS, currently incarcerated in the Cumberland County Prison, is hereby enjoined from physically abusing the plaintiff, DAWN L. CARRENO, or placing her in fear of abuse. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, from 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 on this matter on the ~ day of \.-rha.u:...I1~ q'lIlC"" ^ " ~.m. in Courtroom No. ~ shall be held , 1994, at . Cumberland County Courthouse, Carlisle, Pennsylvania. HAR ZS 3 32 PH 19~ , H.'.....JrfICE Of lIlE po .jT~OHaT ~r.y r.UH~EftA~D r.~:lh1Y ?E"hSYL'/AHI4 The plaintiff may proceed in forma DauDeris 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 Camp Hill, Lower Allen Township, and Mechanicsburg Police Department will be provided with a copy of this Order by attorneys for plaintiff. This Order shail 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 be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the shall be taken before the Section 6113). J. DAWN L. CARRENO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 CIVIL TERM vs. BRADLEY D. COMBS, 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 r'-~-""'-.:~ DAWN L. CARRENO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 CIVIL TERM vs. BRADLEY D. COMBS, 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 1131 Primrose Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The defendant is an adult individual currently incarcerated in the Cumberland County Prison, but has a residence at 710 Barbara Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 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 20, 1994, the defendant telephoned the "^t, ~ -,,_y~" <,... ....~ plaintiff and when she would not agree to meet him, the defendant became enraged, drove to his parents home and told them that he had a loaded shotgun in his car and that he was going to kill the plaintiff. The defendant's mother went into another room and telephoned the plaintiff warning her of the defendant's threat to kill her and telling her that the defendant was coming to her house with a loaded shotgun. The defendant left the residence and went to his sister's house threatening that he was going to shoot the plaintiff and himself and left in his vehicle. The plaintiff had telephoned the police who intercepted the defendant who was on his way to where the plaintiff was staying and confiscated the defendant's loaded shotgun. The Mechanicsburg Police arrested the defendant for terroristic threats and harassment. The defendant is currently in the Cumberland County Prison. b. Since March 17, 1994, when the plaintiff left the defendant, he has made telephone calls to the plaintiff threatening that she was "going to be sorry" and that she was "dead." c. In or around December 1993, the defendant grabbed her by her arms, shoved her away from the door, and blocked her exit with his body. d. Since 1993, on several occasions, the defendant has threatened to put the plaintiff's head through the wall and pushed the plaintiff repeatedly. 5. The plaintiff believes and therefore avers that she will be 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 place of employment, having any contact with her, harassing or stalking her, and from harassing her relatives. B. ATTORNEY FEES 7. The plaintiff asks for attorney fees to be paid to Legal Services, Inc., pursuant to the Protection from Abuse Act. C. STATUS TO PROCEED IN FORMA PAUPERIS 8. The defendant is employed at Excel Logistics and has an hourly salary of approximately $7.50. 9. The plaintiff currently is employed at the Ground Round and has a weekly salary of approximately $100.00. 10. The plaintiff does not have funds available 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 sea., 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, restraining the defendant from entering the plaintiff's place of employment, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. 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 entering the plaintiff's place of employment, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 4. 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 Camp Hill, Lower Allen Township, and Mechanicsburg 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, ~~. Attorney for Pla ntiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 -, ~~',.;;~, .,~. .:'^~" , _.,c~' ,,', '. The above-named Plaintiff, DAWN L. CARRENO, verifies that the statements made in the above Petition true and correct. The plaintiff understands that false statements herein are made sUbject to the penalties of 18 Pa. C.S. :::~ .~:.:~::'" f."':~~~~2(Z ~ .~ ~ L. Carreno, Plaintiff - ...........'" - ~._,.,..~~- ...., , ~ ~ . j ~ 8 It) "J '1} CARRENO, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW I sn. NO. 94 - ~ CIVIL TERM BRADLEY D. COMBS, defendant PROTECTION FROM ABUSE ORDER FOR CONTINUANCE fl.< AND NOW, this 28 day of March, 1994, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on March 29, 1994, at 8:45 a.m., is hereby continued until ()rJ 7 , 1994, at /: 3() D . M . I wi II remain in effect for a The Temporary Protective Order 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 Camp Hill, Lower Allen Township, and Mechanicsburg Police Departments by the plaintiff's attorney. By the Court, I -..J '\ \ . .,...,., ," '_.'0',_"-' H~R 28 l/ J3 PH 19~ Jrr'CI; al., "/I)H:7A~" Cl!fo';'.'i~~O crU.HY P("~Jil"JIII'" "1f',~.Hi\;.~ ......,.,.. : .... DAWN L. CARRENO, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 94 - 2512 CIVIL TERM BRADLEY D. COMBS, defendant PROTECTION FROM ABUSE MOTION fOR CONTINUANCE The plaintiff moves the Court for an Order to continue the hearing in the above-captioned case on the grounds that: 1. A Temporary Protective Order was issued by this Court on March 25, 1994, scheduling a hearing for March 29, 1994, at 8:45 a.m. 2. The Cumberland County Sheriff's Department has informed Legal Services, Inc., that the defendant is located in York County and cannot serve the defendant in time for the scheduled hearing date. 3. The plaintiff requests a continuance to afford the Sheriff's Department time to serve the defendant. 4. The plaintiff further asks 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 Camp Hill, Lower Allen Township, and Mechanicsburg Police Departments by attorneys for the plaintiff. ~~'".."",........--,.. ,~,"-,-~ .~,. -'? .' WHEREFORE, the plaintiff requests that the Court grant the Motion to continue this matter and that the Temporary Protective Order remain in effect until further Order of Court. Respectfully submitted, ~ n Carey ttorney for PI LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 DAWN L. CARRENO. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 94-1612 PROTECTION FROM ABUSE CIVIL TERM BRADLEY D. COMBS. Defendant PRAECIPE TO WITHDRAW ACTION The ola1ntiff in the above-csotioned case reQuests that the Petition for Protection from Abuse filed on March 26. 1994. be withdrawn. and the Temoorarv Order be vacated. To Lawrence E. Welker Prothonotary Aoril 7. 19-M- ~;;;;.~ Sl'?l""t1ff ... ...;.; - ..!-.) ..... ADril 7 19 94 , Atty. > i" ;;) No. 94-1612 DAWN L. CARRENO. Plaintiff vs. BRADLEV D. COMBS. Defendsnt P RAE C I P E Filed Joan Carey LEGAL SERVICES. INC. '"'~ =... .,,~;t.~ r'Y\",~-: % ;1J....~... ~;6~. -<l,.x_...~;: r;o~~ ';0'2-- Xc'" -0 -c:~,., ...:... ..... ...~ ", "-"""~.."..1.'f'~ _,~,~ "......"._ CIVIL TERM !;;" "" --a - - c '"'" ~ -A . '. SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvnaia No. 94-1512 Temporary Protective Order Protection From Abuse Notice and Petition For Protective Order Dawn L. Carreno VS Hraaley U. Combs R. THOMAS KLINE, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit. Bradley D. Combs but was unable to locate him in his bailiwick. He therefore deputized the sheriff of Dauphin County, Pennsylvania, Order Protection From Abuse to serve the within Temporary Protective Notice and Petition For Protective Order On April 8, 1994 , this office was in receipt of the attached return from Dauphin County, Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge 14.00 5.00 2.00 .2 I (ILl So iZ~~- ~OMAS KLINE, Sheriff Sworn and subscribed to before me this Io/~ d of /' ay <-< Ii,.:( . 19 111 , A.D. '}...p' r; 11",1/1, ~. ~1 Prothonotary 1., The Court CT C.:mmO:1 ?le::s CT C:.Jr.:::::.:lt'i=nd C:-=t.::;~'YI Pa:'lr:syl'lc:::ni~ . "'. Dawn L. Carreno 'IS. Bradley D. Combs :-rOe Q4_1li.12 Ci"il .~ ----r -.- :-row, March 28 ~9---2A 1. S~~:: O? C~G.::..:'..!.A..'lD COt.,~T~. ?~ CO ==-.b)r L:=u= = ~C::.5 oi York ~t'1 :0 =--::11: .~~. ..V:::. ... .. ~:.,(II' .....:.. -.- --a' :.:. .""'t' '_-- ":I_l~:_='-. ---" =---::u:::.ct1 =~ -.....- _ -= .~___~ _ =-_ v f"~-"~,~ Sls~'"I:f gt C:::::i:er,.,fd C~W1t'f. :'3. . Affida.vit or S=:-ri~ :O;ow, April 6 :~94 O'_"e"':" .P. 'or. .-- - .Y.- ...: ..8:30 . -. . ... :.:: ~.-." Protection from Abuse :Ipclll Bradley b. Contls 204 Lime Kiln Rd., New Currberland, PA :1t =r::u:~:o Bradley D. Combs 3. True and Attested Protection from Abuse <==P!' ci ~::~ O_!!I = 0:--. ,,~ . ~/j .:\ =:.-:::t. ~ -':r) ,"'.'" .- me -.,":. bawa :0 Bradley D. Contls ::.: .:=::t=~ So a.::.sw=. \ N l'-' .... ., .:.~ ., . .? .-~ .-' -.' '--.............~~.,~~~~ ..... k ShC::E of Yor - c..l~ - CD.....,., ;0:.. I ~~ me! S'oIi:sc-:i:ld == ~ '#. Y" A : ~l COSTS ..~ ",VICZ ~m..:::.-\G E. .o\.?: uJA;TI oS 10 94 ..- 1_ O-l ARW. SEAl. WALlIS W. RHINE. Nolary Public YDfll. Vol1I County, Ponnllylvonla My ColmllSllon Explt.. Marth 25, 1995 s --'