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Home My WebLink About94-01947 . \1\ '7 d v . ?- N e o t9 j J - . . '.. DENISE NOEL GORCZYCA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - JQl./7 CIVIL TERM vs. PROTECTION FROM ABUSE JAMES LAMECK SCOTT, Defendant TEMPORARY PROTECTIVE ORDER AND NOW, this h/- day of April, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, DENISE NOEL GORCZYCA, now residing at 746 Erford Road, Camp Hill, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, JAMES LAMECK SCOTT, the following Temporary Order is entered. The defendant, JAMES LAMECK SCOTT, now residing at 2600 North 6th Street, Harrisburg, Dauphin County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, DENISE NOEL GORCZYCA, or placing her in fear of abuse and is ordered to stay away from the residence located at 746 Erford Road, Camp Hill, Cumberland County, Pennsylvania, a residence which is owned by the plaintiff's mother. The defendant is hereby notified that if he goes to 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 is ordered 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. 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 Ol~ day of Apri 1, 1994, at /:.30 /.) .m. in Courtroom , NO.~, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 East Pennsboro Township Police Department will be provided with a copy of this Order by attorneys for 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 be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be taken before the appropriate district justice (23 Pa.C.S.A. Section 6113). By the Court, /I/L J. DENISE NOEL GORCZYCA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM vs. PROTECTION FROM ABUSE JAMES LAMECK SCOTT, Defendant 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 DENISE NOEL GORCZYCA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94 - CIVIL TERM vs. PROTECTION FROM ABUSE : JAMES LAMECK SCOTT, Defendant 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 746 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The defendant is an adult individual residing at 2600 North 6th Street, Harrisburg, Dauphin County, Pennsylvania, 17110. 3. The defendant is the plaintiff's former intimate partner. 4. Since approximately July 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 April 1, 1994, the defendant grabbed the plaintiff by her coat with both hands and pUlled her up approximately twenty steps. The defendant then pushed the ", .~'. plaintiff several times down the hallway and into the apartment, forcing her to sit in a chair. The defendant grabbed the plaintiff by the wrist, twisting it, and then grabbed her by the jaw and squeezed it. When the plaintiff begged the defendant to let go, the defendant then grabbed her hair, jerking her head back and forth several times, causing the plaintiff's neck to be stiff and sore. The defendant grabbed the plaintiff again by the shirt, pulled her to a standing position, screamed at her, and pushed her back into the chair. The defendant then pulled her off of the chair by her coat and when the plaintiff attempted to leave, the defendant blocked her exit with his body. The defendant then pushed her into the kitchen and when the plaintiff attempted to leave, the defendant pulled her back into the kitchen. The plaintiff was finally able to leave and walked down the flight of stair when the defendant followed her and pUlled her up the stairs again by her coat. The defendant then punched the plaintiff approximately two times in the stomach, then pushed her in the stomach, causing her to lose her balance and hit a door with her back. When the plaintiff was able to leave, she telephoned the police. The plaintiff is fivemonths pregnant with defendant's child. The plaintiff suffered bruising and soreness about her arms and neck. b. On or about March 18, 1994, the defendant grabbed the plaintiff by the neck and slammed her against a wall. The defendant then took the phone out of her hands and threw it across the room. The defendant next pushed her onto the couch " '... .".-.-'. -, and screamed at her. The defendant made the plaintiff drive him to work and while driving, pUlled her hair numerous times. c. In or around February 15, 1994, the defendant threw a pair of sneakers at the plaintiff who moved to avoid being hit. The defendant then took out a pistol, loaded it, pointed it at the plaintiff, and threatened to shoot her. d. Since July 1993, the defendant has abused the plaintiff in ways including, but not limited to, the following: Throwing her against walls, grabbing her by the throat, pushing her into things. Since approximately November of 1993, the physical abuse occurs almost daily. On one occassion in November 1993, when the plaintiff told the defendant she was pregnant, the defendant repeatedly punched the plaintiff in the stomach three days in a row. The plaintiff miscarried sometime later. The defendant threatens to knock the baby out of her or kick it out of her. 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 having any contact with her, harassing or stalking the plaintiff, and from harassing the plaintiff's 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 the Radisson Penn Harris and the plaintiff is unaware of his salary. 9. The plaintiff currently has no income. 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 ~ ~., 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 harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from the residence located at 746 Erford Road, Camp Hill, which the parties have never shared. 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 746 Erford Road, Camp Hill, which the parties have never shared. 4. Ordering the defendant to stay away from 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 East Pennsboro Township Police Department as the Police Department with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. oan Carey ~ttorney for Plai tiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 the above-named Plaintiff, DENISE NOELLE GORCZYCA, 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. Section 4904 relating to unsworn falsification to authorities. Date: ~ , ~ f:: '" ..... ,,") ~ \i ~ >- '" .. ..-(~ w'--' ~~.~~~ l~(.J<"" .'. ~:.:. c. -::: ("'1- l- ~'. 'i:::'~: : ':' ;,~~:; .j ~ L......, ;.".: .,;.;'J .. j~. .~. ,..... t. ~, c1\-.J n= ''- -.::; i'" SHERIFF'S RETURN ca+lONWEAL'lll OF PENNSYLVANIA I COUNI'Y OF ctMBERLAND In the Cburt of Camon pleas of Curnberlarrl Cbunty, Pennsylvania No. 94-1947 Civil Term TeIlpOrary Protective order, protection from Abuse Denise Noel Gorczyca VS Janes Larneck Scott Michcel Barrick , ~ Deputy Sheriff of Cunberland County, Pennsylvania, who being duly swom according to law, says, tha t he served the within TeIlpOrary Protective order, Protection from Abuse upon Janes L. Scott 18th , the defendant, at 12,55 day of April o'clock P .M. ~EDST, on the 1994 at , - ~M;&~O~ Penn U~~;C. r~ ui'1 , Cunberland County, Pennsylvania, by handing to James L. Scott a true and attested copy of the """'tJnr'...y Prntpct:ivp. Ornpr. Protection from ll.hll"" 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 answers: 14.00 8.40 ~~< ~-(:~ R. Thomas Kline, Sheriff b~~ 22.40 Swam and subscribed to before me this ;10 ~ day of (1"..:1 , 19 'N A.D. ~CJ;;~ fl..lf,.. .~ . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1947 CIVIL TERM DENISE NOEL GORCZYCA, plaintiff JAMES LAMECK SCOTT, Defendant PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this 1.-;" day of April, 1994, upon consideration of the attached Motion for Continuance, the hearing scheduled for April 25, 1994, at 1:30 p.m. in Courtroom No.4, is generally continued to afford the parties time to execute a Consent Agreement. The Temporary Protective Order will remain in effect pending further order of Court. A copy of this Order for Continuance will be provided to the East Pennsboro Police Department by the attorneys for the plaintiff. By the Court, K.:r:;~~1.1I- I / / / . I ' 1'1 ~' , " #\11{ ,jr, . " '..>1, A.lI\,. /,,"; :," .: -I '- . ....1;r,. 3J;~..:',:' , M, lid li/J [; LZ IIJV -. <<. '."".-""<""-"0 - -_.- -- , . . -- DENISE NOEL GORCZYCA, Pl aint i ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1947 CIVIL TERM v. JAMES LAMECK SCOTT, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff moves this Court for an Order continuing the hearing of this case until further Order of Court, on the grounds that: 1. A Temporary Protective Order was issued by this Court on the 15th day of April, 1994, scheduling a hearing for the 25th day of April, 1994, at 1:30 p.m. 2. The defendant was served with the Temporary Protective Order and contacted Legal Services, Inc. to discuss entering into a Consent Agreement, but is unable to execute it before the date of hearing. 3. The plaintiff requests that a general continuance be entered and that the Temporary Protective Order remain in effect pending further order of court. 4. A copy of the Order for Continuance will be delivered to the East pennsboro Police Department by attorneys for the p 1 a i nt iff. WHEREFORE, the plaintiff moves this Court to grant the " ~ ...... ... plaintiff's Motion, and to continue this matter until further Order of Court. h'x/C&~/ an Carey t. Attorney for Pl intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle PA 17013 (717) 243-9400 "DENISE NOEL GORCZYCA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 1947 CIVIL TERM PROTECTION FROM ABUSE vs, JAMES LAMECK SCOTT, Defendant PROTECTIVE ORDER . mrul. AND NOW, this ~ day of Ap.Ll, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1, The defendant, JAMES LAMECK SCOTT, is enjoined from physically abusing the plaintiff, DENISE NOEL GORCZYCA, or from placing her in fear of abuse, 2. The defendant, JAMES LAMECK SCOTT, is ordered to stay away from the residence located at 746 Erford Road, Camp Hill, and from any other residence the plaintiff may establish for herself in the future, The defendant shall seek modification (change) of this Order before living with the plaintiff in a domicile she may establish for herself in the future, wherever it may be. The defendant is hereby notrfied 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. Consent of the plaintiff to the defendant's resumption of residence with the plaintiff shall not invalidate this order. , -. 3. The defendant is ordered to r~frain from harassing or stalking the plaintiff, and from harassing her relatives. 4. This Order shall remain in effect for a period of one year. 5. The East Pennsboro Township Police Department will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order 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 PS Section 6113), By the Court -r;; -&d J. j' Un ZG IU 41 AH '9~ c ,. :'F -,-, ;,;r"~"J,Y D t_,f,,'!; ~ y ',"11': ,. . vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 1947 CIVIL TERM PROTECTION FROM ABUSE DENISE NOEL GORCZYCA, Plaintiff JAMES LAMECK SCOTT, Defendant CONSENT AGREEMENT This Agreement is entered on this ~~~ day of ~, 1994, by the plaintiff, DENISE NOEL GORCZYCA, and the defendant, JAMBS LAMBCK SCOTT. The plaintiff is represented by Joan Carey, of Legal Services, Inc,j 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, JAMES LAMECK SCOTT, agrees to refrain from abusing the plaintiff, DENISEL NOEL GORCZYCA or from placing her in fear of abuse, 2. The defendant agrees not to harass or stalk the plaintiff, or harass the plaintiff's relatives. 3, The defendant agrees to stay away from the residence located at 746 Erford Road, Camp Hill, Pennsylvania. 4. The defendant agrees to stay away from any residence the Plaintiff may establish for herself in the future. 5, The defendant, although entering into this Agreement, does not admit the allegations made in this Petition. 6. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one __.;_;t;;..,..< ._...~_____ ~ year. 7. 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. OJnAOJ N .~C\(~CL Denise N. Gorczyca, P i tiff o Carey Attorney for P LEGAL SERVICES, 8 Irvine RoW' Carlisle, PA 17013 (717) 243-9400