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HomeMy WebLinkAbout94-01948 s ~ cu o . , i . j J .", ..,. . " ':,',~ IN THE COURT OF COIOION PLEAS OF P..ola 8. Deshong Plaintiff . . CUMBERLAND COUNTY, PIlNNSYLVANIA . . vs. . . : : NO. 94 - /q WI CIVIL TIlBM : PROTIlCTION FROM ABUSIl Miguel Ruiroll, a/k/a Lorenllo, Casterina Defendant . . TIlMPORARY PROTIlCTIVE ORDER AND NOW, this I "...- day of April, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Paaela S. Deshong, now residing at 17 Kenneth Avenue, Shippensburg, Cuaberland County, Pennsylvania, is in Immediate and present danger of abuse froa the defondant, Miguel Raairez, the following Temporary Order is entered. The defendant, Miguel Ramirez, whose present residence is unknown to the plaintiff, is hereby enjoined from physically abusing the plaintiff, Pamela S. Deshong, or placing her in fear of abuse and is ordered to stay away from the residence located at 17 Kenneth Avenue, Shippensburg, Cu.berland County, Pennsylvania, a residence leased solely by the plaintiff. The defendant is hereby notified that if he resides in the plaintiff's do.icile contrary to this Order, he lIay be in indirect crillinal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six lIonths in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and the 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 plaintlrf including, but not limited to, restraining the defendant froll entering the plaintiff's place of employ.ent, from stalking the plaintiff, or frOB harassing the plaintiff or the her relatives. The defendant is ordered to refrain from damaging or destroying any \. . property owned by the plaintiff or any property owned Jointly by the parties. 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 O'.,l"JS day of April, 1994, at ,.;/:.30 ""J.m. in Courtroom No.1, Cumberland County I Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma oauneris 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 Mid-Cumberland Valley Regional and Pennsylvania State 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 by 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 be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be arraigned before the appropriate district justice. (23 Pa.C.S.A. Section 6113). By the Court, -MJ-. J. . Paaola 8. Deahong PlalnU ff IN THE COURT OF COIOlON PLEAS OF . . : CUMBERLAND COUNTY, PENNSYLVANIA . . va. . . : : NO. 94 - CIVIL TEIlM Miguel Raairez, a/k/a Lorenzo, Casterlna DefendlUlt : 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 ir you rail to do so the Court may proceed without you, and a judgment aay be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relier requested by the plaintiff. You may lose money or property or other rights iaportant 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 WERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 , Puela S. Deshong Plaintiff IN TIlE COURT OF COMJION PLKAS OF . . CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL TKIlM NO. 94 - Miguel aa.irez, a/k/a Lorenzo, Casterina Defendant : PROTECTION FROM ABUSE PETITIO" FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT. 23 Pa. C.S.A. Section 6101 et. sea. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 17 Kenneth Avenue, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The derendant is an adult individual whose present residence is unknown to the plaintiff. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately 7, 1993, the defendant has atteapted 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 forcefully pushed the plaintiff's door open and threw a full can of beer at the plaintiff's bare foot hitting and bruising her toes. When the plaintiff closed the door, the defendant threatened saying, "I'U get you." When the defendant walked away from the residence, the plaintiff, fearing for her safety, locked the front door and all the windows and called her brother who lived next door. The defendant returned to the residence and repeatedly pounded on the glass window of the door. The defendant forcefully threw a can of beer breaking the glass and hitting the plaintiff in the abdomen with the can. The plaintiff ran to the telephone and called the police. When the defendant saw the plaintiff using the telephone, he left the residence. Since March 5, 1994, the defendant has on numerous occasions harassed the plaintiff by phone and told her that he would be returning to the area causing her to fear for her safety. b. On or about February 26, 1994, the defendant threw a full can of beer at the plaintiff hitting her on the leg. When the plaintiff got into her car because she feared for her safety, the defendant forcefully threw an object at her car putting a hole in the car. c. On or about December 31, 1993, while the plaintiff was sitting in her parked car with the window down, the defendant came up to the car and forcefully slapped the plaintiff across the face causing her cheek to be bruised and swollen. When the plaintiff drove the car away, the defendant threw a can at the car. The next morning, the defendant came to a residence where the plaintifC was visiting, grabbed her twice by the shoulders and pushed her backwards. When the plaintiCC attempted to leave the residence, the deCendant shoved her against a wall and tripped her as she ran toward her car. Fearing Cor her saCety, the plaintifC drove away, and the deCendant threw cans at the windshield and at the rear oC her car. d. Since approximately July 1993, the deCendant has on numerous occasions pushed and slapped the plaintifC. On one occasion, the deCendant hit the plaintiCf in the head with a bottle. 5. The plaintiCC believes and thereCore avers that she will be in immediate and present danger oC abuse Crom the deCendant and that she is in . . need of protection from such ahuse. 6. The plaintiff desires that the defendant be ordered to refrain from having any contact with her including, but not limited to, entering her place of employment, fro. stalking the plaintiff, and from harassing the plaintiff or her relatives. 7. The defendant is ordered to refrain from da.aging or destroying any property owned by the plaintiff or any property owned jointly by the parties. B. EXCLUSIVE POSSESSION 8. The home which the plaintiff is asking the Court to order the defendant to stay away froll Is rented in the nwae of the plaintiff. 9. The defendant Is presently out-of-state, but has stated to the plaintiff that he intends to return to a residence located at 167 S. Main Street, Apartment #2, Chambersburg, Pennsylvania. C. A'M'ORNKY FEES 10. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees pursuant to the Protection froll Abuse Act. D. STATUS TO PROCEED IN FORMA PAUPERIS 11. The defendant is e.ployed as an orchard worker and the plaintiff has no knowledge of his wages. 12. The plaintiff is e.ployed part-tille as a private duty nurse and has a net weekly income of approxi.ately $155.00. 13. 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 Pa.C.S.A. Section 6101 et sea., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Tellporary Order pursuant to the "Protection fro. 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 plaintifC including, but not limited to, restraining the deCendant Crom entering the plaintiCC's place oC employment, fro. stalking the plaintiff, and from harassing the plaintiCC or her relatives. 3. Ordering the deCendant to stay away Crom the residence located at 17 Kenneth Avenue, Shippensburg, Pennsylvania. 4. Ordering the deCendant to stay away Croll any residence the plaintiCf may in the future establish for herself. 6. Ordering the defendant to refrain from damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. B. Schedule a hearing in accordance with the provisions of the "Protection froll 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 fro. having any contact with the plaintiff including, but not limited to, restraining the defendant from entering the plaintiff's place of emploYllent, froll stalking the plaintiff, and from harassing the plaintiff or her relati ves. 3. Ordering the defendant to stay away from the residence located at 17 Kenneth Avenue, Shippensburg, Pennsylvania. 4. Ordering the defendsnt to stay away from any residence the . . plaintiff may in the future estabiish for herself. 6. Ordering the defendant to refrain from damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. 6. Ordering the defendant to pay reasonable attorney fees. 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 Mid-Cumberland Valley Regional and Pennsylvania State 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, ~p~ Attorney for Plaint! LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 . Date: 1../ - / Lj- '7( >fljL j /)~'f.!!1rf- ' Pamela S. Deshong, Plaint ff . . The above-naaed plaintiff, Pamela S. Deshong, verifies that the statements made in the above Petition are true and correct. The plsintiff understands that false state.ents herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. , . :or:: "- ", .-l ("I') ;:,... ..,.>' \ ...::.~ I lJt",::;o'" U;r:O~_. ,::ou:::- I.~ :~ ~= ~~ ~ ~ "\( -::r en - '" ,. ...:i ~ ~ In . .~: ~~ )1.J . .. ;;l..\ , Pamela S. Deshong, Plaintiff :. IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Miguel Ramirez, a/k/a Lorenzo Casterina, Defendant NO. 94 - 1948 CIVIL TERM PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this Lr-. day of April, 1994, upon consideration of the plaintiff's Motion for Continuance, the hearing scheduled for April 25, 1994, at 2:30 p.m. in Courtroom No.4. is generally continued until the defendant is served. 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 Mid-Cumberland Valley Regional and Pennsylvania State Police Departments by the attorneys for the plaintiff. By the Court, .,4IL Hess, J. , w , -0;. Pamela s. Deshong, IN THE COURT OF COMMON PLEAS OF Plainti ff vs. : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 94 - 1948 CIVIL TERM Miguel Ramirez, a/k/a Lorenzo Casterina. Defendant . . PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order continuing the hearing of this case until further Order of the Court, on the grounds that: 1. A Temporary Protective Order was issued by this Court on April 15, 1994, scheduling a hearing for the 25th day of April, 1994, at 2:30 p.m. 2. The defendant's whereabouts is unknown and service has not been effected. 3. The plaintiff understands that the Order for Continuance is entered without prejudice to her or the defendant to request a hearing. 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 Mid-Valley Regional and Pennsylvania State Police Departments by attorney for the plaintiff. WHEREFORE, the plaintiff moves the Court to grant the ~~.-..",-,."..,.-."..... " .., ., . plaintiff's Motion, and to continue this matter until further Order of Court. Respectfully submitted, ~.~ hilip C. Briganti LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 .. C'.I -::r en - = ""'" '" 3 ). .....- _. "- ~~1: ~}t.) ~~"I ~ ~~ ...~.:=~ .- :~~~.. "1~! I . i~.'. ',,' ,...... 0: "- ""'x ,u: <C ~, ~-' ... but wnG unable to loc~te ___._lti.m.._.. 1n h1S bai11wicl-:. He thEHeiore , , . . , - ~ ,'iilEI,IFF',,; f.:ETUfdl CASE NO: 1994-'li1:i'iIJ I' GOMMOtlWEALTIl OF PENIl5YLVAHIA: COUNTY OF CIHlBERLMll' 12 E s fJQ.riJ3-Y..:.~ !l;:_!"_~_..P_ ," - --,.._,._~ _._.,_.~--_._-- vs. RAMIREZ_MIGl,!EL ET AL _B..._JbJ:L!!!ill;LJi.tin~_ ___.' Sher1ff. who be1ng duly sltorn according to law, says, that he modo d111g~nt seorch ond inquiry for the within n~mE?d defl?f.dan t. to w H: _Jil'll1JR~:;:__t\lGUEl,.___ ___-_.._.__.,,__...._ ._.__....__.~_u__._ dE'put1zed the sheriff of _-----'=-RANt;LTtL----- County, Pennsylvania. to HPrVe thO? ItHh1n YRQT;_c;.Il.QJLX_ROI'L.^l:lYSE _____ the' attached return from _____FRAl'Ll\Ll1:L.._____ _., County, receipt of Pennsylvania. On _ly~____._----1?.J~.~_._..... .__.... Hus office was 1n [JOCkl"tioq Qut of Count.}~ SIJrcharge 14.Ql0 5.00 2.00 c., 'll'.'-"'''l-'~ . ~.' " -". . .O~_ ~. ?0 . ~ /' ~/- ........ "if""~...-t'- "...._.,~? -~ ---'-~'---" JI' -"Y'~''- ,-- iJ.' Thomas Rl111!?, ShC?r1ff Sh€:"rlii's Coats: s2T:-.'O<'i Qll~ / 00 / 0000 SWOJ-n ~rld subscribed to before me till:'; ._Ll.';" day of ~_ J':l._....9s_ I\.P, .--..-~~T'Hm,~-~~...:--- .,; . In The Court 01 C.:mmO:1 P!e:s 01 C:Ji.:::::ilt"i:nd C:.::t.::-;~'YI Panr:syl'lc:nio Pamela S. Deshong 'is. Miguel Ramirez, a/k/a Lorenzo Cast~rina :'fOe Qd.-1948 (";\1;1 'T'torn1 ':I --..., .-- ::-iow, M,qy '4 lQQ4 ~9---. I. S~~~ O? C"::nt3.:.:..!..A..'lD COt.~'rY, :.-\.. CQ h:::by c..;:u= = Sb:..:i oi FrAnklin c,u::ty :0 ==--== .:..;.. .,V:::., .... .... ... . '0 . =s ~-pU=:cn "':::1i -1-_ U == ~ ;~C1 :-.sJt at ::: :n":-d. r"~~~<?~ Sile.."1:! at C'-'oer'~d C~IIl1tJ'. ?a. . .A ;:;=;davit or Se..-nc:: So =sw=. Shc:5 ol Cow..,. ?:. .. ==:.::::s 6y oi !9_ CC:u.:) SEA'V1:Q ~!IU.AGE A::WA.....u oS Swcr::. me! s::l::sc-:bd bCcrc ~--_. s 1- ----a 'SH~ERIFF'S DEPARTME'NT 157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-3877 DK47 P252 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS. Please type or print PROCESS RECEIPT, and AFFIDAVIT OF RETURN legibly, 00 not dolach any caples. 1 PLAINTlFFISI 2 COURT NUMBER PAMELA S. DESHONG 94-1948 CIVIL TERM 3. DEFENDANT 151 4 TYPE OF WRIT OR COMPLAINT MIGUEL RAMIREZ, alkla LORENZO CASTERINA PROTECTION FROM ABUSE (CON'T) SERVE { ~ NAME OF INDIVIDUAL. COMPANY, CORPOHAIION [rc, 10 stnvlCE 011 O[SCfIIPIION or PHOPEnIV TO Bt lEVIED, AI TACfiCD OR SOLD . MIGUEL RAMIREZ aka LORENZO CASTERINA 6 ADDRESS (Slrool or RFD, Apnrtment No, City, Bora, Twp. Slate and ZIP Code) AT 167 SOUTH MAIN STREET, APT. 112, CHAMBERSBURG, PA 17201 7. INDICATE UNUSUAL SERVICE: 0 COMMON OF PA 0 DEPUTIZE 0 OTHER Now. 19_.1, SHERIFF OF FRANKLIN COUNTY. PA" do hereby deputize Ihe Shorill 01 County 10 execute this Writ and make relurn thoreol according to law. This deputalion being made at Ihe reQuesl and risk ollhe plainliff, 8. SPECIAL IN51lIUCT1ONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDIT1NG SERVICE: ''''''III'CI' I IIAJ.&JlI IN UllINT... NOTE ONLY APPlICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN-Any deputy sherolllovying upon or allachlng any property under within wril may leave same withoul n walch man. in cuslody of whomover is found in possession, after notifying pcrsor, 01 levy or attachmenl. without Iiabilil on lhe arl of such de I or Ihe 5'u1II11 to all I.unllll herein tor an loss, deslfuchon or removal of nn such ro erl before sheriff's sale Ihereof. 9. SIGNATURE 01 ATTORNEY or other ORIGINATOR 10 TELEPHONE NUMBER 1,. DATE 243-9300 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if nolice Is 10 be maUcd) 17013 13.1 acknowledge receipl ollho wril } 14, Onlo Recelvcd 15. Expiration/Hearing date or complainl .sindicalod above. 5/25/94 6 25/94 16.1 hercby CERT1FY and RETURN lhall 0 have per lally served, 0 have leg . ence of service as shown in "Remarks", 0 have executed as shown in "Rcmarks",lhe wril or complaint described on ~ individual, company, corporalion, elc., althc address shown above or on Ihe individual, company. corporation, clc., at lhe address inserted below by handling a TRUE and ATTESTED COPY lhereof 17.0 I hereby cerlify and return a NOT FOUND because I am unable to locate the indlvidu::I1, company, corporation, ole,. named above. (See remarks below) 18, Name and lilk! of individual served (if not shown above) 19. A pcl&Onol51lll.-.btlll aQt' and dl$CltlhonIhron rcsahng '" 100 dttlend.-.nl S usu.11 pLx:r. ot abodo U 21.Dnlcof5cfveo 22, Time 20. Address 01 where served (complete only if dllfcrent than shown above) (Street or RFO, Aparlmonl No., City. Bora. Twp. 51010 and Zip Code I 23. IlTlEMPTS Miles 10 Dep.lnl. 30. REMARKS: COMPLAINT RETURNED TO CUMBERLAND COUNTY SHERIFF'S OFFICE AS PER THEIR REQUEST OF 6/13/94. 50 ANSWER. 3t, f8~FIRMED and subscribed 10 belaro me Ihis 34. yol ' 19 , " .7', . 37./ L~L~L..L_ ,!. !Cv......~ .J:? SlQnallllCol o.'p Stloi."" JJ oalt' 6-15-94 .16 Dalo tIIJ......"...I..."...ob. SHERIFF OF FRANKUN COUNTY MY COMMISSION EX 38.1 ACKNOWLEDGE ECEIPT OF" RETURN SIGNATURE I OF AUTHORIZED I sUlN\1iJllfftlbRN'l''.&:ND;TIlLfi,'''': i I FeSO.lllm . ISSUING AUTHORITY .t\J O.lll,Ul"(:tJI"'11 .... '.,." , .., t: J"'C' "I':"", '.',..'..' \10. Cul~1Ir.1'35'On E,!.l'''''; :':I~V .: ~'Y;I, .... ..... [ST EOST ~. .' .,.,. . .1.11. f .......:.:..........~\"'.^oO:~.:~~..;;Jl:.o\;.<i~.-....ir:~. .. R. Thomas KlIne Sheriff AUDREY G. ADAMS Real Estate Depuly Ronny R. Anderson' Chle' Deputy HORACE A. JOHNSON Sollollor OFFICE OF THE SHERIFF Court House Carlisle, Pennsylvania 17013 TO: Hon. Robert B. Wollyung Franklin County Sheriff's Dept. 157 Lincoln Way East Chambersburg, PA 17201 RE: Pamela S. Deshong VS Miguel Ramirez. a/k/a Lorenzo Casterina No. 94-1948 Civil Term Protection From Abuse Dear Sir: Bnclosed please find writ of Order for Continuance & Motion, Temporary Protective Order & Petition to be served upon Miquel Ramirez. a/k/a Lorenzo Casterina at 167 S. Main ST.. Apt. 2 Chambersburg, PA PLEASE REFERR TO INSTRUCTION SHEET FOR MORE INFORMATION in your County. Kindly made service thereof and send us your bill of costs and I will mail a check for same, or enclosed is advance costs which you request. Very truly yours, ~9~~~~-4! R. THOMAS KLINE, Sheriff Cumberland County, Pennsylvania Enclosures: " . In Tne Courj 9r.C~mmo:i Fle:s or C:.Ji.::"-:::lt'i:nd c;-=u:-;~'YI Psm:syl'lc::nio Pamela s. Deshong "-5. Miguel Ramirez. a/k/a Lorenzo Cast~rina :'fOe Q.d-'948_(";"11 T~'Mn ,~ .-- ~OWJ MAY 74. lqq4 :9---. 1. S~...!:'F O? C-:nG.:..:".!..A..'lD COt.,~':Y. ?A., co ==:,y cL.::u= C: Sh=~ oi FrRnklin Cwu::ty :0 ==-.:::: .:... ',V:::, ... . \.. .. . ... -,..- :=s =-:=u;::.::cn --::::11' -....- u :::: ~ ::ct :"~ at :.::: :~::r. r>JLJC~~ She...~ ct :~er..:u:d C~u:tT, ?3. .A mea.vit or Semc::: So =we:, Shc:5 of CoIlACT. :,,,,, Swcc :me! s:zi::sc-:bd bCcrc =: :=.:s cy oi ccsrs S~:V"IC:Z oS lSS_ ~III.ZAGE ~: L1JA vrr - s t_ .--.. I' . .. .. . " ,~ , 1" I INSTRUCTIONS TO THE DEFENDANT As you know. the plaintiff has filed a legal action against you under the Protection From Abuse Act and has obtained a Temporary Protective Order. The plaint iff is prepared to have a hearing held in order to obtain a Final Protective Order effective for one (1) year. As an alternative, you may consent to the entry of the Final Protective Order to be in effect for one year. If you are willing to consent you should call Legal Services, Inc., 243-9400 or 766-8475, and ask to speak to the staff person handling the case about a Consent Agreement. The Consent Agreement should be prepared before the time scheduled for the hearing so the Court will know ahead of time that the case will not be contested. In most cases, regardless of whether a settlement by Consent Agreement has been reached, the parties must appear in court at the time scheduled for hearing. If the case is uncontested, the court appearance wi 11 be brief. The judge will make sure the parties understand the Consent Agreement and Final Protective Order, If you do not agree to the entry of the Final Protective Order, a contested hearing will take place at the scheduled time. When a Final Protective Order is entered. it will be sent or given to you. the plaintiff. and the appropriate police departments, If you fail to abide by the terms of the Final Protective Order you will be subject to immediate arrest, and a fine of up to $1.000.00 and/or a jail sentence of up to six months and other relief. You have the right to be represented in this matter. You should take the legal papers that have already been served on you to your lawyer immediately. If you do not know of an attorney or cannot afford one, you may contact: Court Administrator, 4th Floor CUmberland County Courthouse Carlisle, PA 17013 (717) 240-6200 .....,. Pamela S. Deshong, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 1948 CIVIL TERM PROTECTION FROM ABUSE vs. Miguel Ramirez, a/k/a Lorenzo Casterina, Defendant ORDER FOR CONTINUANCE AND NOW, this r::J.~yl.day of April, 1994, upon consideration of the plaintiff's Motion for Continuance, the hearing scheduled for April 25, 1994, at 2:30 p.m. in Courtroom No.4, is generally continued until the defendant is served. 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 Mid-Cumberland Valley Regional and Pennsylvania State Police Departments by the attorneys for the plaintiff. By the Court, IS/ /('~ a, ~ Kevin A. Hess, J. TRUE copy FROM :OE~:~ In Testimony Wher:l~~r~ u , , PI. ~nd the sea~ sa '1- 9u This C;J day . Pro , .."I,.,.. . .,,,,,',,,,'~..I"........~-...........~....",,, ( , Pamela S. Deshong, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 94 - 1948 CIVIL TERM Miguel Ramirez, a/k/a Lorenzo Casterins, Defendant PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order continuing the hearing of this case until further Order of the Court, on the grounds that: 1. A Temporary Protective Order was issued by this Court on April 15, 1994, scheduling a hearing for the 25th day of April, 1994, at 2:30 p.m. 2. The defendant's whereabouts is unknown and service has not been effected. 3. The plaintiff understands that the Order for Continuance is entered without prejudice to her or the defendant to request a hearing. 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 Mid-Valley Regional and Pennsylvania State Police Departments by attorney for the plaintiff. WHEREFORE, the plaintiff moves the Court to grant the . '.. .... '.'~""P......,._-.........'....\._...,... .......,.......... ~....P......>.-;..~_..............- 'r~'" '1.11..-'... ,. ( plaintiff's Motion, and to continue this matter until further Order of Court. Respectfully submitted, ~.~ hilip C. Briganti LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 -.. . .... .........~ .....,~: .".'-'~ ..."..~ .- '. ..~... - . ... ._. ...........1>...... .. .~~~~. 'APR 1.5, 19S~ LL~ P..ela S. Deshong Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : . . VS. . . . . NO. 94 - /9'/3 CIVIL TERM . . Miguel Raairez, a/k/a Lorenzo, CaBtel'ina Defendant PROTEcrION FROM ABUSE : AND NOW, this TEMPORARY PROTECTIVE ORDER KY'1, day of Apl'il, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Pamela S. Deshong, now residing at 17 Kenneth Avenue, Shippensbul'g, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Miguel Ramirez, the following Temporal'Y Order ia entered. The defendant, Miguel Ramirez, whose pl'esent residence is unknown to the plaintiff, is hereby enjoined from physically abusing the plaintiff, Pamela S. Deshong, 01' placing her in fear of abuse and is ordered to stay away fl'om the residence located at 17 Kenneth Avenue, Shippensburg, Cumberland County, Pennsylvania, a residence leased solely by the plaintifC. The deCendant is hereby notified that iC he resides in the plaintiff's domicile contl'ary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 andlol' by a sentence oC up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiCC and the defendant shall not nullify the provisions of the court order directing the deCendant to reCrain from abusing the plaintiCf. The defendant is ordered to reCrain Crom having any contact with the plaintiCf including, but not limited to, restraining the deCendant from entering the plaintifC's place of employment, from stalking the plaintiff, 01' from harassing the plaintifC or the her relatives. The defendant is ordered to reCrain from damaging or destl'oying any :""L..,....... .,.......-_._~...~_.......... .....'.......'~~. ...\.,.~....."'.L'. ..' 'i.__ ..-......' _..,...~_._.... ......'......... ..... ......;..~.._.._.._,~~-.:.................-o..:ou......~..~~~.. (- property owned by the plaintiff or any property owned jointly by the parties. 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 April, 1994, at 0:>:30 IJ .m. in Courtroom No.L. 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 Mid-Cumberland Valley Regional and Pennsylvania State 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 by 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 be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be arraigned before the appropriate district justice. (23 Pa.C.S.A. Section 6113). By the Court, TRUE COPY FROM RECORD In Testimony whereof. I here unto sot my hand and the seal 01 saId Court at CarlisI!:, !la. This I~ _day of ,l\~. HI W \\ I ~u_Jl \\'- JtM.("'''I' ~~ Prothonotlly I Is} !41J;n I I ' 4~ J. .' .!...... ..... ~". ..~-...:--:..':~\:.;.;:~tt-::=~~~ u .... .-_... . .. .- ..- .. ~.. -. .. .... ... ." ."... (' Paaela S. Deshong Plaintiff IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA . . VS. . . . . NO. 94 - CIVIL TERM Miguel Raairez, a/k/a Lorenzo, Casterina Defendaut . . PROTECfION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claims set torth in the following pagea, 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 turther 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 LAlIYER AT ONCE. IF YOU DO NOT HAVE A LAlIYER 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'.,:...,:.-!~~...~~~":,:,,,~,. (" Paaela S. Deshong Plaintiff : IN THE COURT OF COMMON PLEAS OF . . . . CUMBERLAND COUNTY, PENNSYLVANIA . . VB. . . . . : NO. 94 - CIVIL TERM Miguel R~irez, a/k/a Lorenzo, Casterina Defendant : PROTECTION PROM ABUSE PETITION FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT. 23 Pa. C.S.A. Section 6101 et. sea. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 17 Kenneth Avenue, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The defendant is an adult individual whose present residence is unknown to the plaintiff. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately 7, 1993, the defendant has atteapted 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 forcefully pushed the plaintiff's door open and threw a full can of beer at the plaintiff's bare foot hitting and bruising her toes. When the plaintiff closed the door, the defendant threatened saying, "I'll get you." When the defendant walked away from the residence, the plaintiff, fearing for her safety, locked the front door and all the windows and called her brother who lived next door. The defendant returned to the residence and repeatedly pounded on the glass window of the door. The defendant forcefully threw a can of beer ..... ...... .... .~'. ._'....... ..... ... . ..... ..'...... .....'-'.,.:-.';'-.I......"';..-.~1l.'l.C;.fII"~~\:.I1I ( breaking the glass and hitting the plaintiff in the abdomen with the can. The plaintiff ran to the telephone and called the police. When the defendant saw the plaintiff using the telephone, he left the residence. Since March 5, 1994, the defendant has on numerous occasions harassed the plaintiff by phone and told her that he would be returning to the area causing her to fear for her safety. b. On or about February 26, 1994, the defendant threw a full can of beer at the plaintiff hitting her on the leg. When the plaintiff got into her car because she feared for her safety, the defendant forcefully threw an object at her car putting a hole in the car. c. On or about December 31, 1993, while the plaintiff was si tUng in her parked car with the window down, the defendant caae up to the car and forcefully slapped the plaintiff across the face causing her cheek to be bruised and swollen. When the plaintiff drove the car away, the defendant threw a can at the car. The next .orning, the defendant came to a residence where the plaintiff was visiting, grabbed her twice by the shoulders and pushed her backwards. When the plaintiff attempted to leave the residence, the defendant shoved her against a wall and tripped her as she ran toward her car. Fearing for her safety, the plaintiff drove away, and the defendant threw cans at the windshield and at the rear of her car. d. Since approximately July 1993, the defendant has on numerous occasions pushed and slapped the plaintiff. On one occasion, the defendant hit the plaintiff in the head with a bottle. 5. The plaintiff believes and therefore avers that she will be in i.mediate and present danger of abuse froD the defendant and that she is in ,. ". """" I........ '''~. .' -. .....< .""...-' ( need of protection from such abuse. 6. The plaintiff desires that the defendsnt be ordered to refrain from having any contact with her including, but not limited to, entering her place of employment, from stalking the plaintiff, and from harassing the plaintiff or her relatives. 7. The defendant is ordered to refrain from damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. B. EXCLUSIVE POSSESSION 8. The home which the plaintiff is asking the Court to order the defendant to stay away from is rented in the name of the plaintiff. 9. The defendant is presently out-of-state, but has stated to the plaintiff that he intends to return to a residence located at 167 S. Main Street, Apartment #2, Chambersburg, Pennsylvania. C. A'M'ORNEY FEES 10. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees pursuant to the Protection from Abuse Act. D. STATUS TO PROCEED IN FORMA PAUPERIS 11. The defendant is employed as an orchard worker and the plaintiff has no knowledge of his wages. 12. The plaintiff is employed part-time as a private duty nurse and has a net weekly income of approximately $155.00. 13. 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 Pa.C.S.A. 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. Requi~ing the defendant to ~ef~ain troa abusing the plaintiff o~ placing he~ in fea~ of abuse. 2. Requi~ing the defendant to ~ef~ain from having any contact with the plaintiff including, but not liaited to, ~est~aining the defendant !~om ente~ing the plaintiff's place ot employment, f~om stalking the plaintiff, and froa harassing the plaintiff o~ he~ relati ves. 3. Ordering the defendant to stay away f~om the ~esidence located at 17 Kenneth Avenue, Shippensbu~g, Pennsylvania. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish fo~ he~self. 5. O~de~ing the defendant to refrain trom damaging or destroying any property owned by the plaintiff or any prope~ty owned jointly by the pa~ties. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hea~ing, ente~ an orde~ to be in effect fo~ a pe~iod of one year: 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in tear of abuse. 2. Requiring the defendant to ref~ain from having any contact with the plaintiff including, but not limited to, ~est~aining. the defendant f~om ente~ing the plaintiff's place of employment, troa stalking the plaintiff, and tram harassing the plaintiff o~ her ~elatives. 3. Orde~ing the defendant to stay away f~om the residence located at 17 Kenneth Avenue, Shippensbu~g, Pennsylvania. 4. Orde~ing the defendant to stay away from any residence the .'......, "', . "~".":''.'"':''''' ...~::...~...:... ...... (' plaintiff may in the future establish for herself. 5. Ordering the defendant to refrain from damaging or destroying any property owned by the plaintiff or any property owned jointly by the parties. 6. Ordering the defendant to pay reasonable attorney fees. 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 Mid-Cumberland Valley Regional and Pennsylvania State Police Departments as the Police Departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as say be just and proper. Respectfully submitted, . 0 Carey '.' Attorney for Plaint! LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 " " 1 " ',.", . ........:'>..1..1..... ~..._,.. " ,. ;.' l..~....:.'::...:.-" .-'.'J:":':.::f~:...: . ..--.t"-"-"~"'_'''.'''' .1..:.o"l.."......~f:tt,,~.,.~"""'"'\<ooo.lft " I -~. '..., -............,:".,...............,. I ( The above-naaed plaintiff, Pamela S. Deshong, verifies that the state.ents .ade in the above Petition are true and correct. The plaintiff understands that false state.ents herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: L./ - / '1- t?~ yZ,/... -' jJ",,'f.iiFr' Pamela S. Deshong, Plaint ff c' \' , \:.i ~ lA.. j ~ lA.. - 0 a:: .-t I.&J Q E:: :c en w c: > 0 W Ln 0 0 N Z W a:: ~ -J = lo<: E:: -. - :T- o<( >: a: en lA.. ca ..