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HomeMy WebLinkAbout94-01615 ~ ~ . \I) ':lo. 'C'~;>;c~':::~S"',"~,,::.~!t~ . , ',"",'"e-'>~ .T~7"",,> """" , ,:;~ ' ..~-- I I ,. I. j : r};~ : " .;' fl f{; ;.:.,,::,~~ ;t,.' '\ ;xl T~ , ( .. f r-" Ji;:<1r ! 1.;1;;;1-:1.;, [.;ic:!!,l i:' :" /~ n'/di 'h!';;;l lJi ,.\.i..\~....~ OF '. fA 11..:/,1;"',01 f:'~iojj;l;jfJ.,,\J'I) LrJlJNi) , .jJ.t.I\Ii-lOSn....""'IIIA i." 'i<i 161:- "1 II Ji. 11:.M }{A'-bJ li')!\~" ;', i J ,ll J AM.: ilJ,m I.Jjj 'JJ;@.VliJlii, J:1WJ)i,nY);.QiSI1):,H , ", i.,( .~- fi"y .,{ If "'. r. I :,'j,1 , J'),UI J..t;i J l.Ji\ I'N..iI~llbUol: , ,{ , ,,,"" ",,'" ", ''', ",,' k" "" "," ,,,,,,, "" 'h.;', ,,' '" ",,~, """,,,,, ,"'''" . ,,, '" , """". "" . , ,,,.. "". '" . .,,, .c"' ,,' ";' "'''' ,,~ "" """"'."". . . ""'''''' '",,,,, ,., ". ," .." ,.p" '" '"".,." '"'''' '" '". ""'" ,"""',,""~ ._",., '''''... ",'" "'" '" "'" "",," ".'" "'" """ ",,,.. "of, "" ,,_. "" PJ<i..,." "".' 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(I/',.l ,', "l~, I h,: I I" In III . it,,, ,h:L lJih.,( Ilk :CllO'4<lt ,,, '" ,.. ."", ,,,,,. ,... ',,"c q" ,. h' <I,,, H', .',,,, "1 ':'1\1 d it ;1" Tih'1ii., :tnd l th: "lh ',; t ,ii.,.,: h;..\ fvt,.~ tl,l\ ;,' ; ! ~~' i ~ ,~ .., "'.c'''''', "\ \.." ~Y"'\ "i\\\,\\~., Crt~Hi: ,.',-,,': i.' Ie".H" ,i'I' \''\~!, '..'."4ill\ lv- " ! l. .', ", \ rn ~, :;~l ; I...' '~\.!:, ~,,,,l, "f.\'~ PIH~:i!I!'~ ~,,\ 3\ 2 iG ~~ ,~~ r,c.l'; ,OffiCE Of 1"t. i,;;r,1\\OliC1~k'( CU"'Il(R~~\11l <:OUM11 1'("MS1\.,;~M':' ,; t,. '. 1'-' . ' . \ ".. . , "J i ,:l ,J: '" ,~l . '. '. , . . $1.000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. 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 -.!:L day of April, 1994, at ~.m., in Courtroom No.~, CUmberland County Courthouse. Carlisle, Pennsylvania. The plaintiff may proceed in f2rRA P8uoeris pending a further order after the hearing. The CUmberland County Sheriff's Department shall attempt to make service at the plaintiff's request. but service may be accomplished under any applicable rule of Civil Procedure. The Pennsylvania State Police and the Carlisle Police Department will be provided with certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt wi thout 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. t shall be // taken before the appropriate district just' e: (23 P.S Judge TAMI L. ROHRER, IN 'IlfE COURT OF cor.N>N PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94 - CIVIL TERM J0NA1tfON W. SILEO, Defendant PROTECI'ION 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 thst 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. YOO SHOUlD TAKE nus PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR TELEPHONE 'IlfE OFFICE SET FORTH BELOW TO FIND our WHERE YOU CAN GET LBJAL HELP_ COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 L. TAMI L. ROHRER, IN TIlE COURT OF COMMON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA JONA1llON W. SILEO, Defendant NO. 94 - CIVIL TERM PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDER RELIEF UNDER TIlE PROTECTION FRaot ABUSE ACT, 23 P.S. 8 6101 et seq. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 20 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is an adult individual residing at S South Pitt Street, Apt. 1, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately mid-January, 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and by physical menace hss 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 18. 1994, the defendant telephoned the plaintiff at her home from the Cumberland County Prison where he was incarcerated, threatened to come to her home and kill her and whomever else she might have at her home. He further threatened her saying, "You'd better hope you have your door fixed," (referring to the door to her mobile home where he had broken in during the incident listed in SUbparagraph c). The plaintiff feared for her life. t:;~,!!";,,';."-'~' ~!"o.,;'~k.'i '. , . bl On or about February 12, 1994. the defendant came to the plaintiff's home and pushed and shoved her about. When the plaintiff tried to leave, the defendant picked her up off of the floor and threw her onto the bed causing her to fall on her back on the wooden bed frame. The plaintiff sustained bruising and soreness on her back as a resul t of this incident. c) In or about the end of January. 1994. the defendant tried to force his way into the plaintiff's mobile home, pounded on her windows and doors yelling, "You'd better let me in, you fucking whore, you bi tch. " The defendant threw his body against the plaintiff's door with such force that the door frame separated from the wall of the mobile home causing the door to fly open. The defendant lunged at the plaintiff. A friend of the plaintiff's intervened and removed the defendant from her home. d) On or about January 20, 1994, the defendant broke in the plaintiff's front door, broke the lock on her bedroom door as he forced his way in, threw ashtrays at the plaintiff as she telephoned the police, and threw a telephone at her striking her on the shoulder, and punched s hole in the door. The plaintiff sustained a bruise and soreness on her shoulder as a result of this incident. e) On or about May 29. 1993, the defendant began breaking glasses and dishes belonging to the plaintiff and when she told him to stop and leave her home, he threw a large canister at her '. .. .. causing her to fear for her safety. As the plaintiff tried to leave her home through the front door, the defendant ran and threw his body against the door crushing the plaintiff's head and shoulders between the door and door frame. The plaintiff fell unconscious onto the patio outside her mobile home. When she regained consciousness, the plaintiff telephoned the police who removed the defendant from her home. The plaintiff sought medical attention at the carlisle Hospital for injuries to her head. The plaintiff sustained bruising about her head and shoulders and experienced disorientation, blurred vision, and a severe headache. f) In or about March, 1993, the defendant threw his steel-toed boot at the plaintiff as she slept, striking her in the face with the boot with such force that the boot bounced off of the plaintiff and broke a bedroom window. The plaintiff tried to get out of bed several times, but the defendant pushed her down onto the bed and punched her about her shoulders and breasts. When the plaintiff tried to telephone the police, the defendant knocked the telephone from her hand and ripped the telephone cord from the wsll. The defendant then grabbed a knife from the kitchen drawer and stabbed himself in the arm. The plaintiff feared for her life and ran to her neighbor's home. The plaintiff sustained bruising on her right eye, swelling and redness on the right side of her face and head, and bruising and soreness on her chest and breasts ss a result of this incident. , . '. . . g) In or about mid-January, 1993, the defendant shoved the plaintiff from behind as she talked to a friend causing her to fall forward onto a chair and table. The plaintiff feared for her safety. S. 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 prohibited from having any direct or indirect contact with the plaintiff or her minor children including, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendsnt be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's family, or her minor children. 8. The plaintiff desires that the defendant be restrained from entering her place of employment and the schools and day care facilities of her minor children. B. EXCLUSIVE POSSESSION 9. The mobile home from which the plaintiff is asking the Court to exclude the defendant is owned in the name of Tami L. Rohrer. The plaintiff is not seeking the eviction of the defendant from his residence. C. STA'JUS TO PROCEED IN FORMA PAUPERIS 10. The plaintiff is employed through Kelly Temporary Services, but is currently between jobs. 11. The plaintiff does not have funds availsble to pay the fees for filing and service of this lawsuit. , . " WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. g 6101 ~ ~., 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. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor children including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's family and her minor children; 4. Prohibiting the defendant from entering the plaintiff's place of employment and the schools and day care facilities of her minor children; S. Ordering the defendant to stay away from the residence located at 20 Spring Garden Estates, Carlisle, CUmberland County, Pennsylvania, and 6. 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. Ordering the defendant to refrain from abusing the plaintiff or pldcing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or her minor children including, but not limited to, telephone and written colDIDunications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's family and her minor children. 4. Prohibiting the defendant from entering the plaintiff's place of employment and the schools and day care facilities of her minor children. S. Ordering the defendsnt to stay away from the residence located at 20 Spring Garden Estates, Carlisle, cumberland County, Pennsylvania. 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Pennsylvania State Police and the Carlisle Police Department with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ,,' ./", ~Joan Carey, Attorney.~r Plaintiff LmAL SERVICES, INC. . ~ The above-named plaintiff, Tami L. Rohrer, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. B 4904 relating to unsworn falsification to authorities. Date: 'Y~9.9 / , ~_.-/~ ",-:'.>~, ~;.-, [ ~~ . .' z........ TaMi L. ROhrer, Plaintiff 10 ~ l.; ""'l ~ ~ ~~ '. .! . ~ .... -. ., TAMI L. ROHRER, IN THE COURT OF cot.M>N PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 1615 CIVIL TERM PROTECTION FROM ABUSE JONA11iON W. SILEO, Defendant ORDER FOR CONI'INUANCE d AND NOW, this ~ day of April, 1994, upon consideration of the attached Motion for Continuance, the hearing in the above-captioned case is continued to April ~, 1994, at 2: " f; a.m. The Temporary Protective Order will remain in effect pending a final Order in this case. Certified copies of the Order for Continuance will be provided to the CUmberland County Sheriff's Department and the Pennsylv plaintiff's attorney. e Pol ice by the " .~..,. S".i';.''''<.',-' .(-i,i,"..' ,.' ",:,.'~ .'",-.,. ApR ~ 3 13 PH '9~ ,,' l:-,IFfICE OF H.E : :~THON:)T.\r.Y CUMBEla.AHO COU~TY P[lIHSYLVAHIA " ,!~ , . :'-< j i . - , " , ... .'J".....'" '. :,~ ': .~ -' j ! , -' , "i ~::t.--:'S' -:'~~-:-o;;'/j.!;S<;;i-' f. ,.- .. _..-,-:"."...-~,_,.w. . ~. ., -.. ~; TAMI L. ROHRER, IN TIlE COURT OF cor.r.tON PLEAS OF Plaintiff v. CUMBERLAND COUNfY, PENNSYLVANIA NO. 94 - 1615 CIVIL TERM : PROTECTION FROM ABUSE JONATHON W. SILEO, Defendant ~ION FOR <nn'INUANCE The plaintiff moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protective Order was issued by this Court on Thursday, March 31, 1994, scheduling a hearing for Monday, April 4, 1994, at 8:45 a.m. 2. The CUmberland County Sheriff's Department was unable to serve the defendant with a certified copy of the Temporary Protective Order and Petition for Protection From Abuse. 3. The plaintiff requests that the hearing in this matter be rescheduled. 4. The plaintiff requests that the Temporary Protective Order remain in effect pending further order of court. 5. Certified copies of the Order for Continuance will be delivered to the CUmberland County Sheriff's Department and the Pennsylvania State Police by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant the Motion to reschedule a hearing in this matter and that the Temporary Protective Order remain in effect until further Order of Court. Respectfully submitted, il4~' I\. nl"h -8 L' Ja Carey Jane Muller-Peterson Attorneys for Plaintiff LEGAL SERVICES, INC. SHERI FI" I S RETURN CCMo1CX'MEAL'll1 OF PENNSYLVANIA I COONTY OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-1615 Temporary Protective Order Protection From Abuse and Petition for Protective Order Tami L. Rohrer VS Jonathon W. Sileo Barry J. Horn , !~I!~Deputy Sheriff of CUnberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Temporary Protective Order Protection From Abuse and Petit10n tor Protective oroer upon Jonathon W. Sileo , the defendant, at 4 :42 o'clock P.M. JlSQX I EDST, on the 04 Apr il , 19 94at day of The Cumberland County Courthouse, Sheriff's Dept." CUnberland County, One Courthouse Square, Carlisle Pennsylvania, by handing to Jona thon Sileo Temporary Protective oroer Protection ~rom a true and attested copy of the Abuse and Petition for Protective Order , and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's CostSI Docketing Service Affidavit Surcharge So ans;,,~ ~ r~~-<<:1~ 14.00 2.80 2.00 16.80 R. Thanes Kline, by Sworn and subscribed to before rre this ,fc r ft day of /~ ,., ( 19 ttlt_ Deputy Sheriff / ...,_....tI'j.:>:M>"""c~.......' __.....~' __"'-" " __.,,,.-.;_ .',,"U'_'" ,'.,.".~;;""""~_,""",_"""___,,,, k' ::'. 1"".1...'.... -i ;~.:t~_,..,_.. ~... ,'"-<.". .'::il .. ... , i, " TAMI L. ROHRER, IN 1lIE COURT OF COMMON PLEAS OF , , Plaintiff ( CUMBERLAND COllNI'Y, PENNSYLVANIA v. JONA11fON W. SILEO, Defendant NO. 94 - 1615 CIVIL TERM PROTECTION FROM ABUSE , I PRm'ECI'IVE ORDER AND NOW, this ~~ dsy of April, 1994, upon consideration of the COnsent Agreement of the parties, the following Order is entered: 1. The defendant, Jonathon W. Sileo, is enjoined from physically abusing the plaintiff and/or from placing her in fear of abuse. 2. The defendsnt is enjoined from having any direct or indirect contact with the plaint iff or her minor child/ren including, but not limited to, ;' S. The defendant is ordered to stay away from the plaintiff's residence telephone and written communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's Samily and the plaintiff's minor chi Idren. 4. The defendant is prohibited from entering the plaintiff's place of employment, the schools of her minor children or the dsy care facilities of her minor children. located at 20 Spring Garden Estates, Carlisle, CUmberland County, Pennsylvania. 6. The defendant is ordered to stay sway from any residence the plaintiff may in the future establish for herself. 7. This Order shall remain in effect for a period of one year. 8. The Pennsylvania State Pol ice shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this L'"'''' >~'"""'~';~'~;'-'c'" ,.C"-' ;........,,,.,...;.,.,. _.. .. _. '",_"._~~ _.....'~''''.,'',.>._~,,;,-.,-'".._,..'-'._,.._W. ,;_;~r.;w.'~_,,,,...,' ''''''',.< ,.....____e... ~..._.... c , ", ,. .. .", .. . ." .......,..,.........""..... ... order has been violsted, 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 shall be that issued the order. When that court is unavailable, taken before the appropriate district APR ZZ 9 38 AM '9~ , ,..:. ( :f !..F OF I,,,: .':~'I1CNJi,\~Y CUMilti< .hJ 1;',;'Hy i"[:-illSYl.V;,~',:, "' '. . fAMI L. ROfIRER, Plaintiff IN nm COURT OF CXlI>M>N PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 1615 CIVIL TERM PROTECTION FROM ABUSE JONATIION If. SILEO, Defendant This Agreement is entered on this <XlNSENT NlIlFBlP.l\n' ~~ dsy of April, 1994, by the plaintiff, Tami L. Rohrer, and the defendant, Jonathon W. Sileo. The plaintiff is represented by Joan Carey of LOOAL SERVICES, INC. j the defendant is unrepresented but is aware of his right to have an attorney. 1. The defendant, Jonathon W. Sileo, agrees to refrain from abusing the plaintiff, Tam I L. Rohrer and/or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff or her minor children Including, but not limited to, telephone and written communications. 3. The defendant agrees not to enter the plaintiff's place of employment, the schools of her minor children or the day care facilities of her minor children. 4. The defendant agrees not to harass and stalk the plaintiff or harass the plaintiff's family and the plaintiff's minor children. 5. The defendant agrees to stay away from the plaintiff's residence located at 20 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania. 6. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. 7. The defendant, although entering into this Agreement, does not admit the sllegations made in the Petition. ., ... 8. The defendant understands that the Protective Order entered in this matter shsll be in effect for a period of one year. 9. The defendant understands that this Order shall be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. WHEREFORE, the parties request that a Protective Order be entered to reflect the above terms. Jonat Carey or Jane Mulle Attorneys for Plaintiff LmAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 ( 717) 243-9400 ~ I...' ,. , " ~../z~"-",,",, .,-,~4" ,.....!! ,.~ ~.- "