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Home My WebLink About94-02088 VI J c.... c.- O " ~ E. t ~ J STEPHANIE M. MUNDORF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~1 0 'I! NO. 94 - CIVIL TERM v. STEVEN S. STAINS Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this 2 'Z.'" day of April, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Stephanie M. Mundorf, now residing at an undisclosed location for her own protection and to avoid further abuse, is in immediate and present danger of abuse from the defendant, Steven S. Stains, the following Temporary Order is entered. The defendant, Steven S. Stains, now residing at 186 Holiday Avenue, Stough's Trailer Park, Mechanicsburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Stephanie M. Mundorf, or placing her in fear of abuse. The defendant is excluded from the plaintiffs residence located at 186 Holiday Avenue, Stough's Trailer Park, Mechanicsburg, Cumberland County, Pennsylvania, a residence owned solely by the plaintiff. The defendant is hereby notified that if he resides in the plaintiffs 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 direct or indirect contact with the plaintiff including, but not limited to, telephone and wriUen communications. ,.......,-~.- ...:~;-~-- . The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintifrs family. The defendant is enjoined from entering the plaintifrs places of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. 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,~/I'-{day O(h~l? 1994, at It! ,t;1.m., in Courtroom No..i Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in fonna paunerls pending a further order after the hearing. The Cumberland County Sherifrs Department shall attempt to make service at the plaintifrs request, but service may be accomplished under any applicable rule of Civil Procedure. The Hampden Township and Carlisle Police Departments will be provided with certified copies of this Order by the plaintifrs attomey. 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 district justice. (23 P .5. ~ 6113). By the Court, --:1~. /-7;i / /1 Judge r~'~'~""-'" ;''''''1l''':~1t . STEPHANIE M. MUNDORF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jo88 NO. 94 - CIVIL TERM v. STEVEN S. STAINS 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 TIDS 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 ~'~;,. ,: "...~H, ,;.,""".. '4;."_ STEPHANIE M. MUNDORF, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA J,08g NO. 94 - CIVIL TERM STEVEN S. STAINS Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER TIlE PROTECTION FROM ABUSE ACT, 23 P.S. ~ 6101 et seq. A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 186 Holiday Avenue, Stough's Trailer Park, Mechanicsburg, Cumberland County. Pennsylvania, 17055. 2. The plaintiff is temporarily staying at an undisclosed location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 3. The defendant is an adult individual residing at 186 Holiday Avenue, Stough's Trailer Park, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. The defendant has had an intimate relationship with the plaintiff. 5. Since approximately August, 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 27, 1994, the defendant shoved the plaintiff with both his hands causing ho::r to fall off the bed and onto the floor, hitting her back against the wall. The plaintiff got back on the bed, but the defendant .. . / -..", . ~:;_'_':;;:0-';'';''~'''-'~.''j.~.~' shoved her off the bed again causing her to fall against the wall. The defendant then grabbed the plaintiff by her hair and dragged her to the door. He pulled her by the arms and shoved her on the back to try to force her out of her mobile home. The plaintiff sustained bruises, brush burns, and soreness about her body as a result of this incident. b. In or about January, 1994, the defendant shoved the plaintiff's head against the window of her car as she drove, causing the car to swerve. c. In or about late November, 1993, the defendant kicked the bathroom door in, punched a hole in the wall and threw a can of beer at the plaintiff, hitting her in the chest with it and soaking her with beer. The plaintiff sustained soreness and a red mark on her chest as a result of this incident. d. In or about August, 1993, the defendant ripped the plaintiff's clothing and necklaces off of her, twisted her legs, twisted her arm behind her back and threatened to break her arm. The plaintiff sustained bruising about her neck as a result of this incident. e. Since approximately August, 1993, the defendant has abused the plaintiff in ways including, but not limited to pushing, shoving, slapping, punching, kicking, pulling her hair and tripping her, causing her to fall to the floor. In addition, the defendant has caused the plaintiff to fear for her safety by threatening, "I'll kick your fucking ass, " and threatening to kill her. ~... ,...,.._,....,...."... "_.~,..c,,,........, , t!.f'~':.'f;">i,',.., ''''_~, .w..;,,",,~ 6. On or about April 6, 1994, the plaintiff left her residence at 186 Holiday Avenue, Stough's Trailer Park, Mechanicsburg, Cumberland County, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to her home without the defendant's exclusion and that she is in need of protection from such abuse. 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiffs family. 10. The plaintiff desires that the defendant be restrained from entering her places of employment. II. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 12. The mobile home from which the plaintiff is asking the Court to exclude the defendant is owned in the name of Stephanie M. Mundorf. C. STATUS TO PROCEED IN FORMA PAUPERIS 13. The plaintiff works at Ross Distribution in Carlisle and part-time at Burger King in Mechanicsburg, and earns a salary of approximately $7.00 per hour. 14. The plaintiff does not have funds available 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. 06101 m Kg., 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 and/or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff 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 plaintifrs family; 4. Prohibiting the defendant from entering the plaintifrs places of employment; S. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff; 6. Granting possession of the mobile home located at 186 Holiday Avenue, Stough's Trailer Park, Mechanicsburg, Cumberland County, Pennsylvania. to the plaintiff to the exclusion of the defendant pending a final order in this matter, and """""-"~-"''('''''''"...,,,,.,.,,,.. . B. 7. Ordering the defendant to stay away from any residence the plaintiff may In the future establish for herself. 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 and/or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff 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 plaintifrs family. 4. Prohibiting the defendant from entering the plaintifrs places of employment. S. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the mobile home located at 186 Holiday Avenue, Stough's Trailer Park, Mechanicsburg, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. .. .J -I It' I 1 f . . 8, Ordering the defendant to pay all costs of filing and service of this lawsuit and attorney" s fees to Legal Services, Inc. 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 Hampden Township and Carlisle Police Departments which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~~-~ Carey Jane Muller-Peterson Attorneys for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~f':';'!''::.i'l9ji'''!~:',:^!.' r; .. "'<;'''.~<'rI~'''~#'~~'':!'':.'J~t:EF1ti'/ r"'-.~' . ,",. .<.... .... ..... '.:' ' .. .. r JlI:;. .t41"'w~""H' The above-named plaintiff, Stephanie M. Mundorf. 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. Y 4904 relating to unsworn falsification to authorities. Date:_~ l/~ 't9t( " ~:~.~ ,I', '. , ~' ;-;~,'; 1<; . . ;.;.... -"'!"--. -........., ,:3:, '1;:.", ," "-."' -:;~'. - '--- ; , - ~i~ ";;\~li' .,,~j~, :if.~ ~~ ',' I' / ,'F, - .;'...'~ &.,. ' \',..- "1 .~ .).-, !,'(' ; ,t~; , " " '..t....' :~~:~.' , j ~ ;~, APR '7,ZlIo2 AH'911 r il.t :)'OFrlQft or rllt rIIOTttoll~T.\"Y ci.lMtlEnLAIlD COUlflY HIHISYLV/.1l14 . . " 1f.Js. 00 ..0.,./1.{ c, , . ", -;'-" . .,~ ,. ~ ~ ,.?~' ,:; ,;;> :'" . .- ;,....... ."~iil~'~i~!:f~t~~~~;~i!~;:~~~li. ~~"10~~ , , ,7~-ry~'~~'y:"~~~;f:::~~f~~t~1~~~. '.,.":~_{~. ..a ......~ -.,. ,--" ..~;~~;~~\ <>~,~~.~ \ ::'::, .~:' f r:'""~"~'~----'-- --., > -"'_ SHERIFF'S RE'lURN ca+l00WEAl1lll OF PENNS~VANI^I COUNI'V OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2088 Civil Term Temporary Protection Order, Protection From Abuse, Notice and Petition for Protective Order Stephanie M. Mundorf VS Steven S. Stains Daniel Peiper , ~~X.1f Deputy Sheriff of CUnberland County, Pennsylvania, who being duly swom according to law, says, that he served the within Temporary Protection Order, Protection From Abuse Notice and Petition for Protective Order upon Steven S. Stains , the defendant, at 3:25 o'clock P .M. K~ ! EDST, on the 22 day of April , 19.,2iat Exel Loqistics, Salem Church Road. Bldg. H2. Mechanicsburg Pennsylvania, by handing to Steven S. Stains , Cumberland County, a true and attested copy of the Temporar1 Protection Order. Protection F,rom Abuse Not ce & 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 Costs: Docketing Service Affidavit Surcharge 14.00 5.60 19.60 So answers ~ -~~<;- ....< ~ 7" .,~ <-f? R. Thomas Kline, Sheriff Sworn and subscribed to before roo by ~~~~/ Deputy Sheriff this ~ 7 It: day of 1".;1 19 fI'! A.D. Cf-t', () 'J'>>, fL...... .~, Prothonotary STEPHANIB M. MUNDORF, Plaintiff IN THE COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2088 CIVIL TERM v. STEVEN S. STAINS, Defendant PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this ~ day of May, 1994, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Steven S. Stains, is enjoined from physically abusing the plaintiff, Stephanie M. Mundorf, and/or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is prohibited from entering the plaintifrs places of employment. 4. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintifrs family. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 6. The defendant is excluded from the plaintifrs residence located at 186 Holiday Avenue, Stough's Trailer Park, Mechanicsburg, Cumberland County, Pennsylvania. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. 8. This Order shall remain in effect for a period of one year. 11~ r 10 19 AM '9~ , I.i ')t C,i . ! WI: +)I,'~"';HIY '.') t ,:iPtlY I" ;' A, ',; ~ ,( . ~ 9. The Hampden Township and Carlisle Police Departments shall be provided with certified copies of this Order by the plaintifrs attorney 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 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 P.S. fi 6113). By the Court, A. tJ. t~,..~",,:"'''<~''~'''' "1:~~ , STEPHANIE M. MUNDORF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2088 CIVIL TERM v. STEVEN S. STAINS, Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT This Agreement is entered on this J,/: day of April, 1994, by the plaintiff, Stephanie M. Mundorf, and the defendant, Steven S. Stains. The plaintiff is represented by loan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Steven S. Stains, agrees to refrain from abusing the plaintiff, Stephanie M. Mundorf, and/or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant agrees not to enter the plaintifrs places of employment. 4. The defendant agrees not to harass and stalk the plaintiff and harass the plaintifrs family. S. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 6. The defendant agrees to stay away from the plaintifrs residence located at 186 Holiday Avenue, Stough's Trailer Park, Mechanicsburg, Cumberland County, Pennsylvania. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. ".- ';'-.~'~'. ,~'!:>!.,,'~ - 8. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 10. 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 Protection and Custody Order be entered to reflect the above terms. LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ,t'.. ... @ j ,,.., ,